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HomeMy WebLinkAboutTC Agd Pkt 2011-11-02TOWN OF TIBURON Tiburon Town Fall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Regular Meeting Tiburon Town Council November 2, 2011 Meeting time - 7:30 p.m. Closed Session - 6:45 p.m. TIBURON TOWN COUNCIL CLOSED SESSION - (6:45 p.m.) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957) Title: Town Manager CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Slavitz ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATIONS • Police Officer Jerry Wachowiak - Recognition for 25 years of distinguished service to the Town of Tiburon • Police Sgt. Mike Mourgos - Recognition for 25 years of distinguished service to the Town of Tiburon upon the occasion of his retirement 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 October 19, 2011 Regular Meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary - Accept report for September 2011 (Director of Administrative Services Bigall) 3. Citizen of the Year - Adopt resolution commending Georgia Kirchmaier upon her selection as the Tiburon Peninsula Chamber of Commerce 2011 Citizen of the Year (Town Clerk Crane Iacopi) 4. Employee 25`h Year Anniversary - Adopt resolution recognizing Police Officer Jerry Wachowiak on his 25`h anniversary of service to the Town of Tiburon (Police Chief Cronin) 5. Employee Retirement - Adopt resolution recognizing Sergeant Mike Mourgos for 25 years of distinguished service to the Town of Tiburon (Police Chief Cronin) 6. Bay Trail Gap Closure - Authorize selection of Alta Planning & Design and approve service agreement for preparation of Bay Trail Gap Closure Study (Planning Manager Watrous) 7. Sign Policy Amendments - Adopt resolution rescinding and adopting a policy regarding signs on Town-owned property (Director of Community Development Anderson) ACTION ITEMS 1. Belvedere-Tiburon Public Library Expansion Project -1501 and 1505 Tiburon Boulevard; Consider Applications for General Plan Amendment, Rezoning, and Amendments to the Point Tiburon Master Plan and Point Tiburon Precise Plan and Take Related Actions Associated with a Proposed 17,000 Square Foot Addition to the Existing Library Facility (Director of Community Development Anderson) - Public Hearing Closed: Consider Adoption of Three Resolutions and Three ordinances related to the Project 2.. Alta Robles Precise Development Plan - Consider actions related to the Alta Robles Precise Development Plan and prezoning applications for the eventual subdivision of 52.2 acres of land, currently developed with one single-family dwelling into 14 single-family residential lots -Public Hearing closed on August 3, 2011: Item continued without discussion to November 16, 2011 PUBLIC HEARING ITEM 1. Plastic Bag ordinance - Consider adoption of an ordinance to add amend Title III of the Tiburon Municipal Code to add a new Chapter 10A (Single-Use Carry-out Bags) regulating retail establishments provision of single-use carry-out bags (Planning Manager Watrous) - Introduction and first reading of ordinance TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -October 21, 2011 • Town Council Weekly Digest -October 28, 2011 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. / (r TOWN COUNCIL MINUTES CALL TO ORDER Mayor Slavitz called the regular "In of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, October 19, 2011, ' Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Califon. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Fraser, Fredericks, 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, Police Chief 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 CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Koffman v. Town of Tiburon PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957) Title: Town Attorney ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Slavitz said that there was no action taken in closed session. ORAL COMMUNICATIONS Local representatives of Marin Village spoke and described the services and benefits of this nationwide network to help seniors age in place. They invited the Council to attend a reception to J own Council Minutes #21 -2011 October 19, 2011 f Page 1 launch the "Tiburon Peninsula Village" on Sunday, October 30 from 4 - 6 p.m. at the Belvedere Community Center. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of August 23, 2011 Special Meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes -Adopt minutes of September 7, 2011 Regular Meeting (Town Clerk Crane Iacopi) 3. Town Council Minutes - Adopt minutes of October 5, 2011 Special Meeting (Town Clerk Crane Iacopi) 4. Employee 25th Year Anniversary - Adopt resolution recognizing Public Works Foreman John McKelvie on his 25th anniversary of service to the Town of Tiburon (Director of Public Works/Town Engineer Nguyen) 5. Downtown Circulation and Parking Study - Authorize Town manager to execute a contract with Nelson-Nygaard for consulting services related to a Downtown Circulation and Parking study in an amount not to exceed $45,000 (Town Manager Curran/Director of Community Development Anderson) 6. Wireless Communication Facilities Amendment - Consider amendment to Title IV, Chapter 16 (Zoning) of Town Code to create an additional exemption from the Conditional Use Permit Requirement for Wireless Communication Facilities (WCFs) - (Planning Manager Watrous) - Final adoption of ordinance continued without discussion from the September 7 and October 5, 2011 regular meetings Councilmember Collins asked to remove Item No. 3 from the agenda and made corrections to page 15 of the October 5, 2011 minutes. Councilmember Fredericks also corrected a statement on page 15 of the minutes and noted that the Library had requested a change to page 9 of the minutes. Town Clerk Crane Iacopi said that the Library had submitted its changes and that all the changes would be incorporated into the final draft. MOTION: To approve Consent Calendar item Nos. 1 through 6, as amended. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 2 ACTION ITEMS 1. Belvedere-Tiburon Public Library Expansion Project - 1501 and 1505 Tiburon Boulevard; Consider Applications for General Plan Amendment, Rezoning, and Amendments to the Point Tiburon Master Plan and Point Tiburon Precise Plan and Take Related Actions Associated with a Proposed 17,000 Square Foot Addition to the Existing Library Facility (Director of Community Development Anderson) - Public Hearing Closed: Consider Adoption of Three Resolutions and Three ordinances related to the Project Mayor Slavitz said that the public hearing on the matter had been closed and that the Council would continue its deliberations tonight. Director Anderson gave the staff report. He said that at its October 5, 2011 meeting, the Town Council held a public hearing on this project, closed the public hearing, voted to certify the environmental impact report for the project, and held first reading of ordinances rezoning properties and amending the Point Tiburon Master Plan map. He said the item was continued to the regular meeting of October 19, 2011 in order for the Town Council to continue its deliberations on the library expansion applications to resolve some outstanding issues, as described in the written staff report. The first issue was the scale of the building additions, which was mentioned most often by persons not favoring the project. The Planning Commission recommended that the Council consider the feasibility of reducing the size of the addition. Anderson noted that the Town Council has the authority to reduce the size of the project to reduce environmental impacts and/or achieve consistency with Town goals and policies, including those protecting scenic views, the small-town village character of Downtown, and appropriate scale and bulk of buildings. He recommended that any such direction be of sufficient specificity such that the applicant will have a high degree of confidence that only minor refinements would be required during review of subsequent detailed site plan and architectural drawings. The second issue was the significance of the view blockage of the ridge. In certifying the EIR, the Town Council postponed a determination as to whether the visual blockage of the Tiburon Ridge from Tiburon Boulevard would be a significant and unavoidable impact of the project. Anderson described the three options for the Council as set forth in the written staff report. Anderson stated the third issue was the wetland setback policy (OSC-20), and noted the two options laid out in the written staff report. Anderson also addressed the issues regarding Town hall expansion and entryway concerns that had been raised at the October 5th meeting, summarizing the contents of the written staff report on those matters. Mayor Slavitz asked if there were any questions of staff from the Council. DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 3 The Mayor asked whether an analysis of the pros and cons of Alternative B (design showing an expansion behind the existing building) and Alternative C (one-story design) could be provided. Director Anderson said that no document provided a direct comparison of these two alternatives, although the EIR compared both alternatives to the original project in terms of impacts. He said this comparison included an analysis of three building alternatives (B, C, and D), as well as the No Project Alternative, which was Alternative A. Anderson described the three "build" alternatives, and stated that Alternative B envisioned a second building behind the existing library, connected over, the sewer easement by a corridor, with 62 parking spaces being provided. According to Director Anderson, Alternative C was a one-story alternative with the top floor of the originally-proposed project "lopped off' and the square footage cut in half, Alternative D would shrink the building and move it away from Town Hall, move parking farther away from the Marsh, and would provide a 50-foot setback from the Marsh. Anderson said the Library had subsequently agreed to make this design (Alternative D) its project. Director Anderson said a table existed in the revised Draft EIR comparing the original project to each alternative in terms of impacts, but that there was no similar comparison between all the different alternatives themselves. Anderson reviewed the pros and cons of Alternative B ("courtyard scheme") to Alternative D. He said on the "pro" side, it would eliminate the impact of view blockage from Tiburon Boulevard and provide more parking, but that there were CEQA downsides in that it would be closer to the marsh and would increase water quality impacts through increased grading. The EIR concluded that the biological impacts from Alternative B would be significant and unavoidable. From a policy standpoint, Anderson said that while Alternative B improved General Plan consistency with preservation of scenic views and provided ten more parking spaces, it would conflict with the Downtown Element policies regarding design and site layout that encourage buildings near the street with parking hidden behind. He also said that the Library Agency had indicated that the two-building design in Alternative B was functionally inferior. Vice Mayor Fraser asked if there were any guidelines or standards concerning the distance between handicap parking spaces and the front entry of a building. Director Anderson said that he was not aware of any. He added that these spaces needed to be the closest ones to the building; also, that staff had not evaluated distance issues in context of this application. Councilmember Collins said he was concerned about the impacts on the biological resources in Alternatives B versus D. He asked if the impacts were based on 50 or 100-foot setbacks. Director Anderson said the EIR compared the original project with the alternatives and that the original application came within 25 feet of the wetlands area. He said that Alternative B was still closer than Alternative D, and that as a two-story building, the biologist said it would have even DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 4 more impacts on the marsh,(such as the creation of shade, that were not associated with an at- grade parking lot. Councilmember Collins said that the EIR recommended a 50-foot setback and he wondered if that would be applied to Alternative B. Director Anderson said Alternative B, as analyzed in the EIR, encroached closer than 50 feet to the Marsh shoreline. Councilmember O'Donnell commended the Library applicants for its fantastic presentation, as well as all the people who had written letters commenting on the project. O'Donnell said that he supported the Library expansion plans and Alternative D, but acknowledged that there were outstanding issues. O'Donnell said that there were two points of view about the issue of view impact. He said that he considered the view of the Old St. Hilary open space to be a "fleeting view" experienced by walkers, joggers, and drivers passing the site, and that it was not view blockage pertaining to a residence or business. He said that the view would be enhanced for users of the library, and that the design (Alternative D) would still leave a view corridor, and that there would be an enhanced view from the parking lot at the rear of the building as well. O'Donnell said he viewed this as a "trade-off' to view blockage. Councilmember O'Donnell said that there were ancillary issues associated with the project, namely the traffic light mentioned in the EIR. O'Donnell said that he would like to put a rotary (roundabout) at the intersection of Mar West and Tiburon Boulevard that would force cars to slow down at this busy intersection and would have the added benefit of creating a "bookend" in the downtown with the other roundabout located at Tiburon Boulevard and Paradise Drive. With regard to parking, O'Donnell said that the Library and the Town should take a look at the lot next to Town Hall and see what can be done to acquire parking in that location. He said there might be an opportunity for a change in ownership and that it would not only provide more parking, it would provide a "green space" that would help mitigate the loss of views. Councilmember O'Donnell said that the handicap spaces in the proposed parking lot for Alternative D were not sufficient for access to Town Hall. He recommended that the spaces go in front of Town Hall, along Tiburon Boulevard. With regard to encroachment to the marsh, O'Donnell said that he concurred with the Planning Commission's analysis that a 50-foot setback was adequate and that even a small retaining wall might be appropriate. As for square footage and programming inside the Library, O'Donnell said that it should be left up to the Library Board and its director to figure out. He said he was in favor of the two commercial establishments inside (a bookstore and a cafe) and that they made sense and would enhance the atmosphere. He recommended that the Council simply look at the exterior of the building and the building envelope. DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 5 O'Donnell commented on the perception of large scale and mass of the building. He said that the previous Council had approved roughly the same square footage, and had chosen Alternative B (expansion in the rear of the building). He said he liked it, too, however, he now favored the "civic plan". He noted that the General Plan that had been adopted since that previous review and that the General Plan favored parking behind the building. He said that current design of the civic plaza alternative needed some work, and that maybe the mass and scale issues could be resolved in this alternative. O'Donnell said that the forefathers had done a good job planning the Library and that the expansion was also necessary. He agreed with the sentiments expressed in Jim Levorsen's letter saying that the current planning should be thought of as future planning, for users 25, 50 and more years from now. Councilmember Fredericks said she agreed with Councilmember O'Donnell. She said she also wanted to comment on the view issue and the issue of whether the design was consistent with the "village character" of the Town. She said the biggest concern expressed was view loss and she showed several videos she had taken as she walked past the current library in both directions. She said that the view gained from the [new] promenade would be a trade-off from the "momentary views" of drivers and walkers. She acknowledged that the way views are "perceived" by different people is diverse. But she said that the question was one of whether the view loss could actually be reduced by reducing the size of the library. She said that the views gained in the promenade could be used by the Council to support the findings of overriding consideration. Councilmember Collins also commended the Library for its work and acknowledged the importance of libraries to his career and to society as a whole. Collins said that "we all get it" about the need for viable libraries, however, he said that he did not "see" the view issue in the same way as the previous speakers. He said the site of the library expansion was in the "wrong location" because of the view loss, primarily. He said he did not "buy" the argument of an enhanced view, and that the view corridor that would be created would be like a tunnel, "squeezed to nine feet", and that if there were trees in the parking lot, as shown on some of the drawings, the view would be blocked further. Collins said that overall, he thought of the view loss as closer to 80% rather than 60% [in the EIR]. He said he had concluded this by passing by Town Hall starting at 50 feet beyond the building and looking all the way through the space between the buildings. He said this loss of view was significant and could not be mitigated. Collins also said he did not favor the idea of large building side-by-side with the smaller Town Hall. Councilmember Collins said Alternative B was better because it would not create view blockage and that the distance it encroached in the rear toward the Marsh could be mitigated. With regard to parking, Councilmember Collins said there would not be enough, even with mitigation measures. He said the Town would not approve a retail application that did not have enough dedicated parking, and that the Town could not control what happened in the lot next to Town Hall. He said that the Library application would be approved but advised that it should not DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 6 be before dedicated parking was ensured. He added that there were no statistics nor a study about how many people would visit the new, expanded library. Councilmember Collins commented on the trash area behind Town Hall that currently takes up three parking places. He asked where it would be located in the new plans. The architect pointed out on the drawings that it would be located just off Mar West Street, in the new parking lot (at a greater distance from Town Hall). Collins also said he objected to the idea of Town employees having to park at the Beach Road Tennis Court lot and said there were only 20 spaces, some of which were full when he visited the site. Councilmember Collins said that the Mill Valley Library had only four on-site parking spaces but that curbside and street parking in the immediate vicinity totaled approximately 60 spaces, and that there were additional public lots nearby. As for programming, Councilmember Collins commented that the Town Council Chambers was approximately 1,350 square feet; he said the new Library Community Room would be a third larger, as would the Children's Room. Councilmember Collins said that in his discussions with roughly 20 people, not one of them favored the size of this library expansion. He said he would not favor it unless the addition was in the back where it did not "dwarf' the Town Hall, and such that there were no issues of impacts to the marsh or that would preclude any future expansions of Town Hall. Vice Mayor Fraser echoed the good work done by the Library and concurred that reasonable minds could come to different conclusions. He said he was in favor of the expansion plan because it would be an enhancement to the community as a teaching and learning center, an informal gathering place, as well as all of the other existing services provided by the library. He said the expansion, however, it was a "matter of degree" and the goal should be to "strike a balance" and the Council should weigh the issues in accordance with the Town's General Plan (the Town's "Constitution"), the applicant's application, and the wishes of the community. The Vice Mayor said that the Planning Commission did a stellar job in its review and he said the issues to be resolved were how to reduce the scale of the building, and how to preserve the views. Fraser said he was on the Parks and Open Space Commission and Planning Commission prior to his service on the Council; he said the single most important value expressed by the community was (first) its open space and (second) view preservation. He said that the view from the Library was "not just any view" but the view of Old St. Hilary, which was one of the five significant landmarks in the Town. He said he could not find a definition of "fleeting view" anywhere in the Town's guidelines or General Plan and therefore could not use it as a measure. He said he appreciated the view every time he jogged by the buildings and said that the human eye had a "wider view" than a camera. He said that, in his opinion, "a view is a view is a view", and that "open space is open space". Vice Mayor Fraser also said that he didn't believe that the legacy of this council should be one where we eliminate the "view to Old St. Hilary's and the surrounding open space", one of Tiburon's five historic landmarks. DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 7 Vice Mayor Fraser asked whether a second story could be added on to the original, existing building. He said he had posed the question to a friend who was an engineer who said that an analysis would have to be done. He suggested that the Council might ask for such an analysis. Vice Mayor Fraser said that perhaps with a new design, a solution could be found to address the issue of view blockage, as well as a solution to gain consistency with the Town's Downtown Guidelines and General Plan. He recommended against setting a precedent by blocking the view of a significant ridgeline and significant landmark. Fraser concluded his remarks by seconding Councilmember O'Donnell's recommendation for a roundabout, and suggested that it be made a condition of approval of the project. He also said that more work needed to be done on the parking issues. Mayor Slavitz echoed these remarks and those of the previous speakers. He congratulated the Library for its work on the application. He noted the importance of a library as an institution that takes a person from "the cradle to the grave." But Slavitz said it was clear that there were different points of view on the Council as to how to proceed with the expansion. Mayor Slavitz said he favored the expansion but had concerns about the scale of the design. He said he loved the simpler, more subdued design of the existing building, where the roofline went from bigger to smaller. He said the proposed designed went the other direction, from smaller to larger and amplified the mass and bulk with its height and dormers, especially on the right side. Slavitz said the design "needs to change" to become more subdued and to have a less "domineering" exterior. He said that he was only concerned with the exterior and not the interior [programming]. With regard to view loss, the Mayor said this was the subject of a huge debate 15 years ago when the library was built, and although it was not as substantial a loss to him as to others, he said that a new design might help restore the views. He said he would not recommend a specific alternative (such as Alternative C) but said that views from all angles and directions should be included. He said he agreed with the Planning Commission that the expansion would have a significant, unavoidable impact on views, which might be lessened with a new design. Slavitz said he, too, was concerned about parking, especially if patrons of Town Hall are inconvenienced by a long walk. He also said that asking Town employees to park at the Beach Road lot was too far away. Slavitz noted that the library expansion construction was "a ways off', which might allow time to work out a parking arrangement or perhaps acquire a portion of the Abrams' lot next to Town Hall. He said he was confident that more patrons would come to an expanded library, but then where would people park their cars? He said that there was not enough police to enforce limited- time parking. With regard to distance to the marsh, the Mayor agreed with the Planning Commission's comments regarding OSC 20, and said that the setback from the marsh should be a minimum of DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 8 50 feet. Lastly, Mayor Slavitz said that he loved the idea of a roundabout at Mar West Street, but noted that it was ultimately a CalTrans decision. Councilmember Fredericks commented on parking. She said that when she lived in Mill Valley, there was a lot of competition for parking near the library because of the school. She said that people would find places to park here even if there was extensive use of the library and that the patrons would "make this work" like they do in Mill Valley. Fredericks also commented that the Library's application was not just another development application but that of a public agency which provided a cultural benefit to the town. She said that it was open to all, with no fees or membership dues, and that all these things taken into account were values that could be part of the statement of overriding interest. She also said that the alternative plan being offered by the Library was consistent with the Town's Downtown plan. Councilmember O'Donnell said that a similar statement could be made about how open space is valued in the community. He said that the view in question was from thousands of different vantage points but that new vantage points would be gained from the promenade. Mayor Slavitz asked for any further comments about Alternative B (two-story design). Vice Mayor Fraser said that the question for the Library was how to get as much space as was needed without the impacts. Glenn Isaacson, Library Project Manager, clarified that the Library had indeed consulted with a structural engineer who had stated that it was infeasible to put any more weight onto the existing building because of its floating foundation and how it was structured. He said it would be difficult enough to design a new foundation for the expansion. Architect Jennifer Devlin, representing the Library, complimented the Council for its thoughtful consideration. She reviewed some of the elements of the two most favored alternatives. She said the one-story alternative, which would require a utility easement crossed over by a narrow bridge, would be closer to the wetlands, and would put the same mass in a different location. She said that having two distinct buildings created some inefficiencies and duplication of services. Councilmember Collins asked for clarification of why two buildings were considered inefficient; he also asked whether the children's library section might be in a separate building. Ms. Devlin said that the latter might be possible. Councilmember Collins asked if a smaller building had been considered, moved farther away from the marsh. Ms. Devlin said no, but that such an idea would have to be carefully studied as to whether it would meet the programming needs of her client. DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 9 Mayor Slavitz said that the EIR gave the parameters to move ahead with the project and that design refinements could be made going forward. He asked how the mass could be reduced without sacrificing much needed space. He said it was remarkable the way the existing library took a 2nd story roofline and reduced it to a one-story on one side. Councilmember Fredericks asked about whether the roofline closest to the street could be "tweaked" as suggested by her fellow Councilmembers. Ms. Devlin said that the roofline appeared taller in the drawing than it actually was. Mayor Slavitz asked about ceiling heights. Ms. Devlin said- that it was 10.5 feet on the first floor (in the proposed plans) with A/C and ductwork above, and that the plate height was 8.5 feet. Ms. Devlin's colleague, Andy Sohn, indicated that the elevation was 40 feet from grade. Councilmember O'Donnell asked if the height could "match" the Town Hall; he also pointed out that there were disconcerting inconsistencies in the drawings. For instance, he said that some sheets of the drawings showed chimneys and balconies, while others did not. O'Donnell wondered whether the solution might be to find a square footage that the Council was comfortable with, then look at the mass and scale. He noted that the previous Council approved a 17,000 square foot expansion and later had asked the Library to move it to the front. Vice Mayor Fraser reiterated that the Council did not need to tell the Library how to plan its space, however, he thought that with most plans, prioritization of "need to haves" and "nice to haves" is always needed. He said he thought it would be difficult to just approve an amount of square footage, for that isn't really the real issue, the issue is overall size, mass, and view blockage He recommended that the scale be reduced as a way to move forward with the project. Councilmember Collins disagreed with the statement that the previous Council had asked that the expansion be moved forward (toward the street). He asked whether the Town had reviewed that application under CEQA. Director Anderson confirmed that an initial study had been prepared for the 2004 library project. He noted that the provision of additional on-site parking was a mitigation measure for that project, and that the location of such parking had never been finalized. He said the Library did not file any subsequent applications based on that 2004 approval. Councilmember Fredericks said that the perception was that the Town had "adopted"' the plan in 2004 and then the Library was "encouraged" to move forward with a design that would be more consistent with the General Plan. She said the Library's understanding was that it thought the new design was in the best interests of the Town. Mayor Slavitz said that he favored the direction of Alternative B which would solve the view and mass issues, and provide parking, and seemed to only have the potential problem (for the Library) of obtaining an easement over the sewer line. He said that he did not like the other DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 10 alternative because of its design of one continuous mass along Tiburon Boulevard. Ms. Devlin said that while not committing to a reduction in square footage, the idea of "stepping down" the transition of the building to reduce the appearance of bulk and mass could be explored. She noted that the Library had already dropped 1,000 square feet from the recommendations in its needs assessment. She said she thought modifications could be made to the roofline but that a one-story design would be "extremely challenging" for the space needs of the Library. Mayor Slavitz asked whether the Library was taking a fixed position on the need for 18,000 square feet. Mr. Isaacson said that between now and the design review hearing, the Library would consider all of its options. Mayor Slavitz asked staff how much specificity it sought tonight from the Council. He said that two members seemed comfortable with the current application, two indicated that a smaller building would be preferable, and one member said that it should be located elsewhere. Councilmember Collins clarified that if the view impacts could be reduced to less than significant, he would not oppose the expansion in the current location. Vice Mayor Fraser agreed, stating that the view impacts needed to be less than significant in order to gain approval from the Council. Councilmember Fredericks said that despite what her personal views of the issue might be, she still thought that it would be possible for the Council to make a statement of overriding consideration in the matter of view impact. Mayor Slavitz asked if an intermediate meeting might be necessary before any action could be taken. Town Manager Curran suggested the Mayor might wish to solicit the opinion of the Library as to whether it had received adequate direction to move forward with the project. Curran then summed up the Council's different viewpoints. She noted that four of the Council favored the Civic Center design, two were generally satisfied with the size and two less so. There remained an outstanding question of whether and how to reduce the scale, with or without a reduction in square footage. She said staff would return with findings to be adopted by the Council at the November 2 meeting, and that the outstanding design issues would be addressed after the first of the year. Town Attorney Danforth said that the Council needed to reach consensus on the outstanding issues itemized in the staff report and make findings. To clarify the record (in the event of legal challenge) she recommended that the Council find that it could not mitigate the view impact at this time and that accordingly, that impact was significant and unavoidable. She said that this would in no way "handcuff' the Council in its ability to do a thorough design review in the DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 11 future. She offered the suggestion that the Council could give direction or make a condition of approval that the Library reduce the view impact at the design review stage of the project. She noted that the current applications before the Council were General Plan and Precise Plan amendments, rather than design approval. Councilmember O'Donnell floated the idea of providing direction in the form of a reduction in square footage, suggesting a 5% reduction. Mayor Slavitz said that simply reducing the size did not address all of the issues; he said it was in the Library's best interests to return to the Council with a new sketch or drawings showing mitigation of the some of the perceived problems with the current design. Vice Mayor Fraser agreed that providing a "number" was improper direction, and that the scale of the building and the view of the open space had to be addressed by the Library. Mayor Slavitz added that it did not feel right to take action on EIR matters before the design issues were fully addressed. Town Manager Curran recommended that the Council find a way to gain closure where it could it order to move forward. Director Anderson recommended finding some closure on the issues stated in the staff report, in order to move forward on any of the other actions. The Town Manager suggested that the Council choose one of the three options laid out in the staff report regarding the significance of the view blockage issue. Councilmember Collins asked if the Council could make a finding to require, rather than :expect, the applicant to come back with a design that would remove the [view] issue. Vice Mayor Fraser said that even the two EIR consultants had differing opinions about the view impacts. Director Anderson clarified that the consultants gave their opinions for two different project designs. Town Attorney Danforth said that currently, the Council did not have a specific mitigation measure in place to resolve the view impact, so she recommended the more conventional practice of making the finding of significant and unavoidable impact, with perhaps additional language stating that the Council would expect the applicant to mitigate this impact. The Town Council then voted unanimously to declare the visual impact significant and unavoidable, and to concur with the Planning Commission's recommendation that no amendment to Policy OSC-20 was required. Director Anderson indicated that the Council discussions of size and scale contained adequate direction to return with a draft condition of approval in the resolution. Director Anderson noted that a majority of Councilmembers indicated that adequacy of parking was still a concern, and that there was a Council desire to explore a roundabout, or equivalent mitigation, in lieu of a DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 12 traffic signal, at the Mar West Street intersection with Tiburon Boulevard. He also said it was noted that the Council wanted conditions of approval for the parking issues with regard to the amount of spaces, parking for patrons of Town Hall and staff, and nearby disabled parking. He said that the Town and the Library would attempt to address these issues for future project consideration. Vice Mayor Fraser said it was important for the Town to focus on the roundabout regardless of what CalTrans warrants might imply. Councilmember O'Donnell agreed, stating that it was already a dangerous crosswalk for bicyclists and pedestrians, and that pedestrian traffic would surely increase in that vicinity, where the multi-use path ended. Councilmember Fredericks asked if there was a way to make the crosswalk more obvious, since it was difficult to see because it was lower than roadway for eastbound car traffic. Director Anderson said that these matters could be looked at during design review. In concluding the report, Town Manager Curran noted that there appeared to be four members of the Council who supported Alternative D, with further refinement. The Council unanimously continued the item to November 2, 2011. 2. Pension Reform - Request of Councilmember O'Donnell, Tiburon's representative to the Marin County Council of Mayors and Councilmembers committee to study pension and other post-retirement benefit reform, for consideration of a Resolution in support of pension reform efforts (Councilmember O'Donnell, Town Manager Curran) Town Manager Curran gave a brief report on the proposed resolution which she said was recommended by the MCCMC Pension Reform Committee, of which Councilmember O'Donnell was the Town's appointed representative. Curran said that the resolution had been modified slightly to be relevant and specific to the Town of Tiburon and reflect the fact that the Town had already implemented some of the proposed recommendations. She also noted that the resolution sets forth ideas that might be appropriate for future Council consideration. Councilmember O'Donnell gave an overview of the committee's work over a nine-month period. He said that each city and town in Marin was represented on the committee, along with some sanitary districts and other public agencies who were interested in the subject. O'Donnell said that the issues discussed by the committee were not without controversy, such as how to measure current state pension fund liabilities. He said the committee decided to focus instead on three goals: 1) to summarize the issues facing public agencies; 2) to provide an. actuarial analysis; and 3) to provide a toolkit for use by agencies moving forward. DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 13 He said that the draft resolution had been amended, as noted by the Town Manager, to reflect the fact that Town of Tiburon employees already contributed to their Cal Pers pensions. He said that two other items were added to the draft Tiburon resolution to 1) address the issue of a current GASB study which may require cities to fully account (fund) for their pension liabilities; and 2) the recommendation to explore other pension plan options such as social security and defined benefit plans. Councilmember O'Donnell said that the point of the study and its recommendations was not to be punitive to employees; rather, he said it was to ensure that their pensions remained secure. He said that the current system placed the financial risk on public agencies and the taxpayers. He said it was difficult for many agencies to budget in the face of unknown [market] risks. He said the idea was to reduce long-term liabilities. He said that this was a significant issue state-wide and that the Town was in a better position than many agencies because it had put significant funding toward future liabilities. Councilmember Fredericks said that the League of California Cities had prepared a report on the pension issue, as had the Marin Manager's Association. She asked why the idea was being floated (in the resolution) to consider moving employee pensions to Social Security when it was was also at risk. She said this would shift the burden to a federal versus state-level taxpayer. She asked if there was any other professionally managed defined benefit plans other than CalPers. Councilmember O'Donnell noted that Social Security is a defined benefit plan; he agreed that a defined contribution plan, managed professionally, was another idea to study. Mayor Slavitz said that most private sector employers had chosen 401K plans as their defined contribution plans. Councilmember Fredericks asked whether the resolution called for the elimination of "double- dipping". She said that it was an issue that riled people and had many different facets or definitions. Councilmember O'Donnell said that the proposed resolution called for suspension of the practice without being more specific as to the different forms. Mayor Slavitz opened the public hearing. Tony Hooker said that he was in the investment business and handled defined benefit plans. He said that the pension reform issue was enormously important and one only had to look at the City of Vallejo bankruptcy to see what could happen if it wasn't addressed. Mr. Hooker said the Council's study of the issue was the right way to go and he commended the Council for its efforts. He said the points discussed were excellent and he recommended that the Town hire an outside consultant to accurately measure its liabilities under a number of different assumptions. Mayor Slavitz closed the public hearing. DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 14 Vice Mayor Fraser commended Councilmember O'Donnell and the MCCMC committee for their work. Councilmembers Collins and Fredericks commended O'Donnell for a good and useful presentation. MOTION: To adopt the resolution, as submitted. Moved: Fredericks, seconded by Fraser Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest -October 7, 2011 • Town Council Weekly Digest -October 14, 2011 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 10:15 p.m. JEFF SLAVITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #21 -2011 October 19, 2011 Page 15 ` TOWN OF TIBURON 1505 Tiburon Boulevard `f A Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Investment Summary - September 2011 Reviewed By: 4~ - Town Council Meeting November 2, 2011 Agenda Item: CC- 2 BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended September 30, 2011. ANALYSIS AQencv Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $1818649167.68 0.378% Liquid Fund (LAIF) CDARS (Bank $ 2,025,794.88 0.46% October 21, of Marin) 2011 Housing note to $ 800,000.00 0.378% Based on Town Manager Contract Money Market $ 250,000.00 0.50% Liquid (Bank of Marin) Note to Former $ 309460.27 5.55% June 1, 2017 Town Employee Total $21,970,422.94 FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the September 2011 investment summary Prepared By: Heidi Bigall, Director of Administrative Services ' TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Office of the Town Manager Town Council Meeting November 2, 2011 Agenda Item: Subject: Recommendation to Adopt Resolution for 2011 Citizen of the Year Reviewed By: BACKGROUND Former Executive Manager Georgia Kirchmaier is the recipient of the 2011 Tiburon Peninsula Chamber of Commerce Citizen of the Year award. Ms. Kirchmaier was recognized at the 18t" Annual Spirit of Marin Awards luncheon on September 23, and she will be presented with the Town's resolution at a luncheon on November 9, 2011 at the San Francisco Yacht Club. RECOMMENDATION Staff recommends that the Council adopt the resolution commending Georgia Kirchmaier as the 2011 Tiburon Peninsula Chamber of Commerce Citizen of the Year. Exhibit: Resolution Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 Resolution No. 50 - 2011 WHEREAS, Georgia was the Executive Manager of the Tiburon Peninsula Chamber of Commerce for 23 years, retiring from that position in May of 2011; WHEREAS, Georgia helped to promote the town and its businesses through events and festivals well-loved by the community and known throughout the Bay Area-the (former) Chili Festival, Tiburon Wine Festival, Holiday Festival, and the ever-popular Friday Nights on Main; WHEREAS, Georgia organized monthly meetings and luncheons for the Chamber with interesting speakers, raffle prizes, and of course, good networking opportunities; WHEREAS, Georgia is known for her winning smile and charm, as well as her professionalism and expertise in business and marketing; WHEREAS, Georgia's dedication to the community continues to be her focus and priority, and even in retirement she is in the midst of creating a family of websites called the World Travel Shop, where she plans to promote the Town and show travelers from around the world all Tiburon has to offer; NOW, THEREFORE, E IT RESOLVED, that the Tiburon Town Council does hereby commend and congratulate Georgia on her well-deserved selection as 2011 Citizen of the Year. E T FURTHER RESOLVED, that the Tiburon Town Council thanks Georgia for her hard work and dedication on behalf of the Tiburon community and wishes her well in all her future endeavors. PASSED AND AD 1`ED at a regular meeting of the Town Council on November 2, 2011, by the following vote: AYES: C UNC E EM E : Collins, Fraser, Fredericks, O'Donnell, l ~~tz JEFF SLAVITZ, MAYOR Town of Tiburon Attest: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Police Chief Michael Cronin Town Council-Meeting November 2, 2011 Agenda Item: cc ai Resolution Commending Officer Jerome (Jerry) Wachowiak for his 25 years of service with the Town of Tiburon likz On November 24, 2011, Officer Jerome A. R. Wachowiak will complete 25 years of service to the Town of Tiburon. Officer Wachowiak continues his service as a valued and trusted member of the Tiburon Police Department. RECOMMENDATION Staff recommends that the Town Council: Adopt the resolution commending Officer Wachowiak for his 25 years of service with the Town of Tiburon. Exhibits: Prepared By: Resolution Michael J. Cronin, Chief of Police TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION No. A Resolution of the Town Council of the Town of Tiburon Commending Officer Jerome A. R. Wachowiak, Jr. on the 25th Anniversary of his service to the Town of Tiburon WHEREAS, Jerome (Jerry) Wachowiak began his career as a Police Officer with the Town of Tiburon on November 24, 1986 and has served the people of Tiburon in a variety of assignments as a patrol officer, field training officer, range master, defensive tactics instructor and department armorer; and WHEREAS, Jerry has consistently demonstrated his ability as an effective member of the department staff who shares his experiences, enthusiastically assists his co-workers and continually conveys a willingness to serve the public and support the goals of the Police Department and the Town; and WHEREAS, Jerry has been especially valuable in the role of a seasoned officer, capable and willing to explain the unique characteristics of police service in the Town of Tiburon to newer members of the staff, thereby ensuring consistency in achieving the highest level of public service; and WHEREAS, Jerry's warmth, pleasant demeanor and calm approach to problem solving borne of his many years of experience continues to make a substantial, positive contribution to the public perception of the police department; and WHEREAS, Jerry's commitment to the highest principles of police service to the Town of Tiburon is well documented in the many letters of appreciation from business leaders, residents, and visitors alike and commendations from supervisors; and NOW THEREFORE, the Town Council of the Town of Tiburon does hereby heartily commend, congratulate and thank Jerome A. R. Wachowiak, Jr. for his 25 years of outstanding service to the citizens of our community. PASSED AND ADOPTED at the Town Council on November 2, 2011) by the following vote, to wit: AYES: COUNCILMEMBERS : JEFFREY SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Police Chief Michael Cronin Town Councif Meeting November 2, 2011 Agenda Item: C C , 5 Resolution Commending Sergeant Michael A. Mourgos upon his retirement following 25 years of service with the Town of Tiburon On November 11, 2011, Sergeant Michael A. Mourgos will conclude 25 years of extraordinary service to the Town of Tiburon and retire from public service. Sergeant Mourgos has made an indelible impression upon the community and the department. RECOMMENDATION Staff recommends that the Town Council: Adopt the resolution commending Sergeant Mourgos for his 25 years of service with the Town of Tiburon. Exhibits: Prepared By: Resolution Michael J. Cronin, Chief of Police TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION No. A Resolution of the Town Council of the Town of Tiburon Commending Sergeant Michael A. Mourgos on his retirement from the Tiburon Police Department WHEREAS, Michael A..Mourgos began his career as a Police Officer with the Town of Tiburon on October 13, 1986 serving with distinction in a variety of assignments beginning with Patrol Officer until his promotion to Sergeant in 2002 and including specialty assignments as Juvenile Officer, Field Training Officer and supervision of the Field Training Officer program; and WHEREAS, Mike's deep commitment to the concepts -of community policing and a true desire to serve the public have been demonstrated by innumerable examples of his genuine concern for the well being of all those he came in contact with, amply documented in countless letters of appreciation from business leaders, residents, visitors and commendations from his supervisors; and WHEREAS. Mike's professionalism, dedication and selflessness epitomized the very concept of leadership by example; his unmatched work ethic included often taking a beat when no longer required to do so, writing reports he could have delegated and handling far more than his share of calls for service; and as a sergeant, Mike never used more than. a very few leave days each year even though he was entitled to far more; and WHEREAS, Mike's charitable qualities and personal generosity, were manifest in the many, many hours of personal time spent representing the Tiburon Police Department in car shows and parades and participating in charity fundraising events like `.`Tip-A- Cop", all while maintaining the department's classic patrol car and all without expectation of compensation of any kind; and WHEREAS. Michael A. Mourgos' career stands as a shining example of one man's life long commitment to the highest standards of public service, professional conduct, ethical leadership and personal sacrifice in a twenty five year quest to exceed the goals of the Town Council and the expectations of our residents, his co-workers and Tiburon's merchants, residents and visitors. NoN THEREFORE, THE ToNN`N CotTNC1 , OF THE TOWN of TIBUIRON, on behalf of all its citizens, does hereby commend, congratulate and sincerely thank Sergeant Michael A. Mourgos for his 25 years of truly exceptional service on the occasion of his retirement. Passed and Adopted at the Town Council on November 2, 2011, by the following vote, to wit: JEFFREY SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting November 2, 2011 Agenda Item: cc- Subject: Recommendation to Approve Service Agreement with Alta Planning + Desi n fo Preparation of Bay Trail Gap Closure Study Reviewed By: BACKGROUND The Town of Tiburon recently received an $85,000 ABAG grant for consulting services to study the potential closure of a gap in a portion of the regional Bay Trail along a section of Tiburon Boulevard. The study area would run from Strawberry Drive to Blackie's Pasture and include portions of Tiburon Boulevard and Greenwood Beach Road. This opportunity will seek to provide closure for the Bay Trail (a planned recreational corridor that, when complete, will encircle San Francisco and San Pablo Bays with a continuous 500-mile network of bicycling and hiking trails) in this vicinity, while also enhancing a route that serves children traveling to and from school and access to the Richardson Bay Audubon Center. Staff has now secured proposals from five qualified professional firms to perform this work. The five firms and their cost estimates are as follows: Alta Planning + Design: $84,985 Coastland: $1085210 Questa Engineering Corporation: $85,040 Kimley-Horn and Associates: $76,100 CTI Associates: $841142 The Town has selected Alta Planning + Design to conduct this study. Staff believes that their experience in performing such studies, knowledge of the project and willingness to expand the parameters of the study to provide the Town with more useful information were exceptional. RECOMMENDATION Staff recommends that the Town Council authorize the selection of Alta Planning + Design at a not to exceed amount of $84,985 and authorize the Town Manager to execute of the service agreement to provide consulting services for the Bay Trail Gap Closure Study. Prepared By: Daniel M. Watrous, Planning Manager \shared\Administration\Town Council\Staff Reports\2011 \Nov 2 drafts\Bay Trail Study services agreement. report. doc TOWN OF TIBURON PAGE 1 OF 1 TOWN OF TIBURON ~1505 Tiburon Boulevard - Tiburon, CA 94920 To: Mayor & Members of the Town Council From: Community Development Department Town Council Meeting November 2, 2011 Agenda Item: C7 Subject: Rescind and Adopt the Policy Regarding Signs on Town-Owned Lands and Public Rights-of-Way Reviewed by: BACKGROUND The Town's policy regarding Signs on Town Property and on Public Right-of-Way, set forth in Resolution 03-2009, was adopted in February 2009 following a comprehensive update of the Municipal Code chapter regulating signs. Earlier this year, the Town replaced the Blackie's Pasture Signpost with a new dual-message structure and significantly upgraded the Blackfield Drive Signpost. These improved sign structures comprise the Town's primary limited public forum areas for signs announcing significant community events or Town-sponsored messages. When the signs were replaced, Town staff revised the rules and application forms governing signs on these structures. Signs posted on these structures are now limited to vinyl banners subject to rules established by the Town Manager and described on the Town's banner application form. The banner approval and posting process has been in place for three months and appears to be operating smoothly. The purpose of the Sign Policy revisions is to clarify the limited purpose of the signposts consistent with Town practice. The Town must be clear in setting limits on the use of the signposts to avoid any argument that the sign posts are a public forum (i.e., open to any who might wish to use them for communication). Due to the extensive text modifications throughout the Policy, Staff believes that rescission of the existing policy and adoption of a new policy is the preferable approach. A redlined version highlighting the proposed revisions as compared to the current policy is attached as Exhibit 1. The draft resolution updating the Sign Policy is attached as Exhibit 2. ANALYSIS The substantive revisions to the Sign Policy are summarized below, with the summary tracking the redlined version of the policy attached as Exhibit 1: P. 2: Minor wording changes are proposed to Basic Policies A and D as recommended by the Town Attorney for clarification purposes. A definition of Banner has been added and the Blackie's Pasture Sign definition modified to reflect the newly-installed sign. P. 3: Revision of Blackfield Drive Sign definition to reflect the upgraded sign; the Main Street Banner and Merchants Association definitions have been deleted. P. 4: Clarification of purpose of the limited forum and associated signs; deletion of references to Main Street Banner. P. 5: Section B; deletion of reference to Main Street Banner and reformatting of Authorized Parties (no substantive content changes, as merchants associations are covered under the non-profit section) Section C; this section is in large part re-written to reflect revised rules regarding the nature of events allowed to be promoted on the sign structures, limited to significant community events that must be located on or exclusively benefit the Tiburon peninsula; explain that only banner signs are now allowed on the signposts, and authorize the Town Manager to set forth specifications for banners, including copy, graphic rules, and legibility requirements. Section D; sets forth the requirement for an approved application prior to posting and references the adopted specifications for banners to facilitate posting on the Town sign structures; sets forth rules for application filing. P. 6: Section E; sets forth the "first-come-first-served" rule and Town pre-emption protocol,. banner posting time limits and installation rules, and provides for a reasonable fee to off- set Town costs associated with the posting of banners. The fee is currently $25 per banner. RECOMMENDATION Staff recommends that the Town Council adopt the Resolution. EXHIBITS 1. Redlined Version of Policy comparing with Current Policy. 2. Draft Resolution with Revised Policy (Clean Version) attached. Prepared by: Scott Anderson, Director of Community Development t_j S:WdministrationlTown CouncillStaffReports1201 ]Wov 2 draftslsign policy update report.doc PLO e EXHIBIT "A" POLICY FOR SIGNS ON TOWN PROPERTY AND SIGNS ON THE PUBLIC RIGHT-OF-WAY Section I. Authority, Purpose, Scope and Intent A. Authority This Policy is adopted pursuant to the Town's general and police powers, property rights, Government Code Sections 65850(b), 38774, 38775, Business and Professions Code Sections 5200 et seq., and Penal Code Section 556 et seq. B. Capacity In adopting this Policy, the Town Council acts in its proprietary capacity as to Town Property, as defined herein, and pursuant to its police powers as to portions of the public right of way in which the fee title is not held by the Town. C. Scope This Policy states the intent, rules, regulations, and procedures regarding private party placement of signs on Town Property, as defined herein. D. Intent The purposes and intents of this Policy include, but are not limited to: (1) To preserve and enhance the aesthetic appearance and natural beauty of the Town; (2) To serve the public interest in safety, both pedestrian and traffic; (3) To safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs on Town Property; (4) To enhance the visual attractiveness of the Town, for residents and visitors; (5) To accommodate the need for orderly expression in traditional public forum areas, such as streets, parks and sidewalks; (6) To advance the goals, policies and programs of the General Plan; and (7) To allow private parties to place signs on certain areas of Town Property, subject to the rules and policies stated herein. EXITTIBIT NO. Exhibit -a " to Town Council Resolution No. AX-2011 Page 03-2009 Ldclive 03 20 2109 Page I Section II. Basic Policies A. Compliance Required No person or entity, other than the Town, shall build, display, erect or maintain any sign on Town Property, as defined herein, except as explicitly authorized by this Policy. ind geN,enimental units other- than the Town, only signs authefized by this Peliey ffh-1-Y d!---P'n-,od efeeted of maintained ` fi 'T'o A, Pfopef4y, as ` etined here;„. Authorization shall take the form of an approved applications 41+ or an exemption from a si the permit requirement.. as explicitly stated in this Policy. B. Enforcement The Town Manager is authorized and directed to enforce and administer the provisions of this Policy. C. Interpretations Interpretations of this Policy shall be made initially by the Town Manager, whose decision may be appealed to the Town Council under the appeal procedures set forth in Section 16A. 5 1 0(c)(3) of the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code). D. Intent as to Public Forum The Town declares its intent that no Town Property shall function as a designated-public forum, of any kind, except such specific portion as this Policy may expressly designate" as a particular type of forum. In; such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period. Section III. Definitions A. Partial Incorporation of Sign Ordinance Definitions All definitions from the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code) are incorporated, unless they are limited or modified by this Policy. B. Special Definitions The following definitions apply to this Policy. Banner. A flexible type of sign allowed for display on the Blackie's Pasture Signpost and the Blackfield Drive Signpost, subject to Town approval and conformance with detailed specifications established in writing by the Town Manager. Business days. Days during which Tiburon Town Hall is open for public business. Blackie's Pasture Sign. A structure sign, niade o material sinii ar to Plywood,M ~r;to of otti of like substanee an located aten a sifuettife-r eaf the easternsoutheas! corner of the E,hihit "A " to Town Council Resolution No. X.V-201I Page 03-2009 Elective 03 20 2009 Pate 2 intersection of Tiburon Boulevard with Blackie's Pasture Road, to which signs have traditionally been attached. Blackf eld Drive Signpv Lvl. A Town-owned structure s made of matef n l s m; l to located-en a stfue4m at the easternnoi4heast corner of the intersection of Tiburon Boulevard with Blackfield Drive, to which signs have traditionally been attached. Director of Public Works. The Town of Tiburon Director of Public Works, or his or her designee. Hand-held Sign. A sign that is held by a natural person or a live animal, not including insignia on apparel or aspects of personal appearance. Tiburon Peninsula. Any incorporated or unincorporated territory located on the greater Tiburon Peninsula, including but not limited to the Town of Tiburon, the City of Belvedere, the Paradise Drive unincorporated area, and the Strawberry/EagleRock/Bay Vista unincorporated area. Town Manager. The Town Manager of the Town of Tiburon, or his or her designee. Town Property. Real property over which the Town: a) holds an interest; including, without limitation, fee title ownership, easement, leasehold, and public street right-of-way; and b) has the present right of possession and control. Traditional Public Forum. The surfaces of Town-owned streets-,; Town-owned parks-,; sidewalks that are connected to the Town's main pedestrian circulation system. and the pedestrian area immediately surrounding Town Hall (not including the interior thereof). In consultation with the Town Attorney, the Town Manager shall interpret this phrase for compliance with court decisions. Section IV. Traditional Public Forum Areas A. Applicability This Section applies only in Traditional Public Forum areas as defined in Section III. B. Display Right In an area qualifying as a traditional public forum, private persons may display signs expressing non-commercial messages that are within the protection of the First Amendment, without a permit, but subject to: Exhibit ''.4 " to Town Council Resolution No. X.V-2011 Pine 03-2009 Elkclive 03 20 2009 Page 3 (1) The signs must be personally held by a person, or personally attended by one or more persons. (2) The signs may be displayed only during the time period of sunrise to 10 p.m., except on occasions when the Town Council, Planning Commission, or other reviewing authority of the Town is holding a public hearing or meeting; on such occasions, the display period is extended to thirty (30) minutes after such meeting is officially adjourned. (3) The maximum aggregate area of all signs held by a single person is six (6) square feet, measured one side only. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area. (4) The maximum area of any one sign that is personally attended by two (2) or more persons is forty (40) square feet, measured one side only. (5) The sign must have no more than two display faces and may not be illuminated, inflatable or air-activated. (6) In order to serve the Town's interests in traffic flow and safety, persons displaying signs pursuant to this Policy may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five (5) feet width clearance for pedestrians to pass by. Signs and persons holding signs may not block the free and clear vision of drivers, bicyclists and pedestrians. (7) ProvidedSo long as the foregoing rules are followed, no permit is required for display of signs authorized by this Section. C. Prohibited Sign Display Other than as stated in subsection IV. B. above or subsections VII. B. or VIII below, no private party signs may be mounted, erected, maintained, or displayed on Town Property. Section V. Official Signs The following signs may be erected and displayed on Town Property, subject to the rules set herein: (a) Traffic control and traffic directional signs erected or authorized by the Town or another governmental unit; (b) Official notices required or authorized by law; (c) Signs placed by the Town in furtherance of its governmental functions. No permit is required for the signs authorized by this Section V. Section VI. Blackie's Pasture Signpost and -Blackfield Drive Signpost, and Main Street -lea nne.r A. Intent as to Forum In adopting this Section, the Town Council does not intend these signposts to create open or designate an open a-forum for public expression. The purpose on eantfo „'l topics of these signposts is to serve as a limited public forum par-ties to promote significant community events or Town-sponsored events order messages. Use of-ee the signposts is expressly limitedB-luEl:ie's tare -Sign, Blaek field Lyhibit ",1 - to Town Council Resolution No. XA12011 Pare 03-2009 Qkctive 03 20 2009 Pake 4 to achieve those purposesannounee speeial events that B. Authorized Parties The following parties may use the Blackie's Pasture Signpost and the; Blackfield Drive Signpost: (i) Governmental_, ate Street Banfl°r: ' i' go ,°r,flietit~Lagencies, including witho t limitation, the Town of Tiburon, City of Belvedere, Belvedere-Tiburon Joint Recreation Agency, and the Belvedere-Tiburon Library Agency; (ii) +Tiburon peninsula accredited or licensed schools (pre- kindergarten through 12th grade, both public and private non-profit, which offer instruction that satisfies in whole or in part the mandatory education requirements of state law); (iii) Non-proft() mc~ reha is asseeia ns 10eateC~1-0717" profit - organizations located on the Tiburon Peninsula with tax exempt status under Internal Revenue Code Section 501(c)(6); and (iv) Other(-ether non-profit organizations located on the Tiburon peninsula with tax exempt status under Internal Revenue Code Section 501(c)(3) organized to promote the health and welfare of the Tiburon peninsula community. C. Qualifying Events; Suns Limited to Banners; Copy Rules This Section authorizes private party use of the Blackie's Pasture Signpost and the Blackfield Dri~/inir~ ~troot Rn»or Drive Signpostthe~~~~~~~ for significant communityial events that meet all of the following criteria: (i4Lt) The event's sponsor is an Authorized Partyaegio -iFe paftlt under subsection B of this section; ¢OL2L.The event wills be located on, or will exclusively benefit, the Tiburon peninsula (4)t3j_If the Authorized Part yspo ser is not a governmental agency, the public must be invited to the event on the same basis as the members of the sponsoring organization. Permissible signs are limited to vinyl banners meeting established specifications. (5) _ The Town Mana4er shall promulgate written specifications regarding banner copy (text and images), including but not limited to size, font, style, legibility and contrast with background. Said written specifications may be amended from time to time. D. ApprovalPefniit Required An approved application is required prior to the posting of any banner. The ^ Blaekie's Bas#ufe Sign, Blaelifreld-Drive- Sign, and M ifi Street Ban +ef application form is shall be available at Tiburon Town Hall, and such form shall address items required for submittal, including but not limited to posting fees, ate-signatures, and indemnifications. A banner must comply with the written specifications promulgated by the Lr-l it "A " to Town Council Resolution No. VX-201 l Pnye 03-2009 t ffective 03 2012009 Page 5 Town Manager. Requested dates for op stingwse of the banners must be sspecific.exp lieit. Complete applications, ' , must be received by the Town at least thirty (30) days, but not more than one hundred eighty (180 days, in advance of the requested date for initial posting. E. Other (1) The Town will isstie a deeision on the - aftef feeeipt of the . The Town will approve applications for qualified events as space allows on a "first come-first serve" basis, but reserves the right to remove or preempt a banner for a larger community event or for Town-sponsored events or messages. (2) Banners will be posted for up to seven (7) consecutive days; however, the Town may elect to keep some banners up longer at its discretion. (3) hi no event shall .....be per csecutive days. Only Town employees are authorized to install and remove a banner, which authorization may be delegated at the Town',sign, to-delegate that authefity in th reasonable discretion. A reasonable fee may be collected to off-set the Town's costs; said fee shall not exceed actual Town costs to process the application and post and remove banners. same event by the same sponsef, pfavided that the only substantive dift;arenees 40 the E--. Sa4;0!y Rules S""li-144raE ' a4 tfeet banner sh subjee+ established by the Building Offieial. Section VII. Portable Signs on Town Property and Public Right-of-Way A. A-Frame signs, H-Frame signs, I-Frame signs, and similar portable signs displayed by parties other than the Town, are not allowed on Town Property or Public Right-of-Way except as expressly permitted under Subsection B of this Section. B. Portable signs are allowed between the hours of 12:30 p.m. and 5:30 p.m. on Sundays and between the hours of 10:00 a.m. and 4:00 p.m. on Wednesdays, provided that they meet the following criteria: (1) No sign may be placed so as to obstruct pedestrians or vehicles or render any sidewalk or other pedestrian pathway impassible to persons using wheelchairs or walkers. For purposes of this Section, a sidewalk or pathway is presumed to be impassible to persons using wheelchairs or walkers if the sign causes the sidewalk or pathway to be less wide than required by applicable state and federal accessibility laws. (2) No sign may be placed so as to cause damage or create safety hazards. 1"'Nhibit 1 'to Town Council Resolution No. A:v-2011 Page 03-2009 Ellective 03 20 2009 Page 6 (3) Any sign placed on Town Property or on Public Right-of-Way pursuant to this section must comply with Section 16A-800(d) of the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code); including as follows: i-. a) Maximum of three (3) signs per parcel and no more than three (3) square feet of sign area per sign: ii-.LtJ_No illumination (other than ambient light) is permitted. Section VIII. Neighborhood Signs Neighborhood signs. Near any major street entrance to a neighborhood or housing development, the developer or the homeowners' association may install a sign, subject to: maximum height, five (5) feet; maximum length, six- (6) feet; maximum area of display face, twelve (12) square feet; illumination, not permitted; copy, permanent image only with no changeable or changing images and no off-site commercial messages. An encroachment permit is required following issuance of a sign permit by the Town. Section IX. Encroachments A. Encroachment Policy With the exception of those signs described in Section VI of this Policy, signs that are mounted on private property but that project over the public right of way, or otherwise extend into or over Town Property, are authorized subject to: (1) The sign must satisfy all requirements of the Sign Ordinance; (2) The sign may not project more than six (6) feet from a building face nor project to a distance nearer than two (2) feet from the street curb; (3) The sign must be mounted so as to provide a ground clearance of at least eight (8) vertical feet; (4) The message substitution policy of the Sign Ordinance (Section 16A-210 of Municipal Code Chapter 16A) shall apply to signs authorized by this Section. Section X. Town Expression of its Own Messages Nothing in this Policy limits in any way the Town's ability to use Town property for the expression of its own messages. Section XI. Cross-Reference from Sign Ordinance The Town Council of the Town of Tiburon intends for this Resolution to satisfy the references in the Sign Ordinance, namely Sections 16A.115 (b) and 16A.715, which state that signs on the public right of way and signs on Town Property are regulated by Resolution of the Town Council. Section XII. Enforcement Unless no permit is required pursuant to this Policy, any unauthorized, unapproved, non- exempt sign on Town Property is subject to immediate removal and impoundment without Eyhibit 1- to Town Council Resolution No..VV-201 I _ Page 03-2009 Lde' ctive 03 20 2009 Page 7 notice. Impounded signs will be held for thirty (30) days. The Town will make reasonable attempts to contact the sign owner and provide the owner with ten (10) days' notice to reclaim the sign upon payment of recovery of Town's costs. Impounded signs, which remain unclaimed after thirty (30) days, may be disposed of in any manner whatsoever at the discretion of the Town. The Town may use the procedure set forth in Business and Professions Code Sections 5499.1 through 5499.16 as a guide. L:~lirhit ".1 'to Town Council Resolution No. XV'-1011 Page 03-2009 E(>e -tive 03 20 2009 Page 8 RESOLUTION NO. -2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RESCINDING RESOLUTION NO. 03- 2009 AND ADOPTING A REVISED POLICY REGULATING SIGNS ON TOWN PROPERTY AND ON THE PUBLIC RIGHT-OF-WAY Section I. Recitals. WHEREAS, the Town Council adopted Resolution No. 03-2009, regulating signs on its proprietary land holdings and on the public right of way ("Sign Policy"); and WHEREAS, the Town Council finds that the Sign Policy should be revised to reflect changes made in the policies and management of the Blackie's Pasture and Blackfield Drive signs, among other things; and WHEREAS, the Town Council finds that for implementation purposes and for the public convenience, it is appropriate to rescind the existing policy and re-adopt a revised policy in total; and WHEREAS, the Town Council finds that this revision of the Sign Policy is exempt from the requirements of CEQA pursuant to Section 15061 [b(3)] of the CEQA Guidelines and is also also categorically exempt purusant to Sections 15305 and 15311 of the CEQA Guidelines WHEREAS, the Town Council finds that the Sign Policy, as revised, is consistent: with the goals and policies of the Tiburon General Plan and Tiburon Sign Ordinance, will further their obj ectives. Section II. Rescission of Sign Policy (Resolution No. 03-2009). Town Council Resolution No. 03-2009, adopted February 18, 2009 and effective March 20, 2009, is hereby rescinded. Section III. Adoption of Revised Sign Policy. NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon hereby adopts a revised Sign Policy, set forth in attached Exhibit "A", which is hereby incorporated and made a part of this Resolution. Section IV. Effective Date. This resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2011 by the following vote: '.TL I.DIT NO. AYES: COUNCILMEMBERS: Town Council Resolution No. -2011 Effective --1--12011 Page 1 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK SAAdministration\Town Council\Resolutions\sign policy amendment reso 201 l.doc Town Council Resolution No. _-2011 Effective --1--12011 Page 2 C lean EXHIBIT "A" POLICY FOR SIGNS ON TOWN PROPERTY AND SIGNS ON THE PUBLIC RIGHT-OF-WAY (Revised , 2011) Section I. Authority, Purpose, Scope and Intent A. Authority This Policy is adopted pursuant to the Town's general and police powers, property rights, Government Code Sections 65850(b), 38774, 38775, Business and Professions Code Sections 5200 et seq., and Penal Code Section 556 et seq. B. Capacity In adopting this Policy, the Town Council acts in its proprietary capacity as to Town Property, as defined herein, and pursuant to its police powers as to portions of the public right of way in which the fee title is not held by the Town. C. Scope This Policy states the intent, rules, regulations, and procedures regarding private party placement of signs on Town Property, as defined herein. D. Intent The purposes and intents of this Policy include, but are not limited to: (1) To preserve and enhance the aesthetic appearance and natural beauty of the Town; (2) To serve the public interest in safety, both pedestrian and traffic; (3) To safeguard and protect the public health, safety, and welfare through appropriate prohibitions, regulations, and controls on the design, location, and maintenance of signs on Town Property; (4) To enhance the visual attractiveness of the Town, for residents and visitors; (5) To accommodate the need for orderly expression in traditional public forum areas, such as streets, parks and sidewalks; (6) To advance the goals, policies and programs of the General Plan; and (7) To allow private parties to place signs on certain areas of Town Property, subject to the rules and policies stated herein. Section II. Basic Policies A. Compliance Required No person or entity, other than the Town, shall build, display, erect or maintain any sign on Town Property, as defined herein, except as explicitly authorized by this Policy. Authorization shall take the form of an approved application or an exemption from a sign permit requirement. Exhibit "A " to Town Council Resolution No. XX-2011 Page 1 B. Enforcement The Town Manager is authorized and directed to enforce and administer the provisions of this Policy. C. Interpretations Interpretations of this Policy shall be made initially by the Town Manager, whose decision may be appealed to the Town Council under the appeal procedures set forth in Section 16A.5 I 0(c)(3) of the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code). D. Intent as to Public Forum The Town declares its intent that no Town Property shall function as a public forum of any kind, except such specific portion as this Policy may expressly designate as a particular type of forum. In such case, the declaration as to public forum type shall apply strictly and only to the specified area and the specified time period. Section III. Definitions A. Partial Incorporation of Sign Ordinance Definitions All definitions from the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code) are incorporated, unless they are limited or modified by this Policy. B. Special Definitions The following definitions apply to this Policy. Banner. A flexible type of sign allowed for display on the Blackie's Pasture Signpost and the Blackfield Drive Signpost, subject to Town approval and conformance with detailed specifications established in writing by the Town Manager. Business days. Days during which Tiburon Town Hall is open for public business. Blackie 's Pasture Signpost. A structure located at the eastern corner of the intersection of Tiburon Boulevard with Blackie's Pasture Road, to which signs have traditionally been attached. Blackfield Drive Signpost. A Town-owned structure located at the eastern corner of the intersection of Tiburon Boulevard with Blackfield Drive, to which signs have traditionally been attached. Director of Public Works. The Town of Tiburon Director of Public Works, or his or her designee. Hand-held Sign. A sign that is held by a natural person or a live animal, not including insignia on apparel or aspects of personal appearance. Exhibit "A " to Town Council Resolution No. XX-2011 Page 2 Tiburon Peninsula. Any incorporated or unincorporated territory located on the greater Tiburon Peninsula, including but not limited to the Town of Tiburon, the City of Belvedere, the Paradise Drive unincorporated area, and the Strawberry/EagleRock/Bay Vista unincorporated area. Town Manager. The Town Manager of the Town of Tiburon, or his or her designee. Town Property. Real property over which the Town: a) holds an interest; including, without limitation, fee title ownership, easement, leasehold, and public street right-of-way; and b) has the present right of possession and control. Traditional Public Forum. The surfaces of Town-owned streets; Town-owned parks; sidewalks that are connected to the Town's main pedestrian circulation system; and the pedestrian area immediately surrounding Town Hall (not including the interior thereof). In consultation with the Town Attorney, the Town Manager shall interpret this phrase for compliance with court decisions. Section IV. Traditional Public Forum Areas A. Applicability This Section applies only in Traditional Public Forum areas as defined in Section III. B. Display Right In an area qualifying as a traditional public forum, private persons may display signs expressing non-commercial messages that are within the protection of the First Amendment, without a permit, but subject to: (1) The signs must be personally held by a person, or personally attended by one or more persons. (2) The signs may be displayed only during the time period of sunrise to 10 p.m., except on occasions when the Town Council, Planning Commission, or other reviewing authority of the Town is holding a public hearing or meeting; on such occasions, the display period is extended to thirty (30) minutes after such meeting is officially adjourned. (3) The maximum aggregate area of all signs held by a single person is six (6) square feet, measured one side only. For purposes of this rule, apparel and other aspects of personal appearance do not count towards the maximum aggregate sign area. (4) The maximum area of any one sign that is personally attended by two (2) or more persons is forty (40) square feet, measured one side only. (5) The sign must have no more than two display faces and may not be illuminated, inflatable or air-activated. (6) In order to serve the Town's interests in traffic flow and safety, persons displaying signs pursuant to this Policy may not stand in any vehicular traffic lane when a roadway is open for use by vehicles, and persons displaying signs on public sidewalks must give at least five (5) feet width clearance for pedestrians to pass by. Signs and persons holding signs may not block the free and clear vision of drivers, bicyclists and pedestrians. (7) Provided the foregoing rules are followed, no permit is required for display of signs Exhibit "A " to Town Council Resolution No. XX-2011 Page 3 authorized by this Section. C. Prohibited Sign Display Other than as stated in subsection IV. B. above or subsections VII. B. or VIII below, no private party signs may be mounted, erected, maintained, or displayed on Town Property. Section V. Official Signs The following signs may be erected and displayed on Town Property, subject to the rules set herein: (a) Traffic control and traffic directional signs erected or authorized by the Town or another governmental unit; (b) Official notices required or authorized by law; (c) Signs placed by the Town in furtherance of its governmental functions. No permit is required for the signs authorized by this Section V. Section VI. Blackie's Pasture Signpost and Blackfield Drive Signpost A. Intent as to Forum In adopting this Section, the Town Council does not intend these signposts to create or designate an open forum for public expression. The purpose of these signposts is to serve as a limited public forum to promote significant community events or Town-sponsored events or messages. Use of the signposts is expressly limited to achieve those purposes. B. Authorized Parties The following parties may use the Blackfe's Pasture Signpost and the Blackfield Drive Signpost: (1) Governmental agencies, including the Town of Tiburon, City of Belvedere, Belvedere- Tiburon Joint Recreation Agency, and the Belvedere-Tiburon Library Agency; (2) Tiburon peninsula accredited or licensed schools (pre- kindergarten through 12th grade, both public and private non-profit, which offer instruction that satisfies in whole or in part the mandatory education requirements of state law); (3) Non-profit organizations located on the Tiburon Peninsula with tax exempt status under Internal Revenue Code Section 501(c)(6); and (4) Other non-profit organizations located on the Tiburon peninsula with tax exempt status under Internal Revenue Code Section 501(c)(3) organized to promote the health and welfare of the Tiburon peninsula community. C. Qualifying Events; Signs Limited to Banners; Copy Rules This Section authorizes private party use of the Blackfe's Pasture Signpost and the Blackfield Drive Signpost for significant community events that meet all of the following criteria: (1) The event's sponsor is an Authorized Party under subsection B of this section; (2) The event will be located on, or will exclusively benefit, the Tiburon peninsula; Exhibit "A " to Town Council Resolution No. XX-2011 Page 4 (3) If the Authorized Party is not a governmental agency, the public must be invited to the event on the same basis as the members of the sponsoring organization. (4) Permissible signs are limited to vinyl banners meeting established specifications. (5) The Town Manager shall promulgate written specifications regarding banner copy (text and images), including but not limited to size, font, style, legibility and contrast with background. Said written specifications may be amended from time to time. D. Approval Required An approved application is required prior to the posting of any banner. The application form is available at Tiburon Town Hall, and such form shall address items required for submittal, including but not limited to posting fees, signatures, and indemnifications. A banner must comply with the written specifications promulgated by the Town Manager. Requested dates for posting of the banner must be specific. Complete applications must be received by the Town at least thirty (30) days, but not more than one hundred eighty (180) days, in advance of the requested date for initial posting. E. Other (1) The Town will approve applications for qualified events as space allows on a "first come-first serve" basis, but reserves the right to remove or preempt a banner for a larger community event or for Town-sponsored events or messages. (2) Banners will be posted for up to seven (7) consecutive days; however, the Town may elect to keep some banners up longer at its discretion. (3) Only Town employees are authorized to install and remove a banner, which authorization may be delegated at the Town's reasonable discretion. (4) A reasonable fee may be collected to off-set the Town's costs; said fee shall not exceed actual Town costs to process the application and post and remove banners. Section VII. Portable Signs on Town Property and Public Right-of-Way A. A-Frame signs, H-Frame signs, I-Frame signs, and similar portable signs displayed by parties other than the Town, are not allowed on Town Property or Public Right-of-Way except as expressly permitted under Subsection B of this Section. B. Portable signs are allowed between the hours of 12:30 p.m. and 5:30 p.m. on Sundays and between the hours of 10:00 a.m. and 4:00 p.m. on Wednesdays, provided that they meet the following criteria: (1) No sign may be placed so as to obstruct pedestrians or vehicles or render any sidewalk or other pedestrian pathway impassible to persons using wheelchairs or walkers. For purposes of this Section, a sidewalk or pathway is presumed to be impassible to persons using wheelchairs or walkers if the sign causes the sidewalk or pathway to be less wide than required by applicable state and federal accessibility laws. (2) No sign may be placed so as to cause damage or create safety hazards. (3) Any sign placed on Town Property or on Public Right-of-Way pursuant to this section must comply with Section 16A-800(d) of the Sign Ordinance (Chapter 16A of the Tiburon Municipal Code); including as follows: (a) Maximum of three (3) signs per parcel and no more than three (3) square feet of sign area per sign. (b) No illumination (other than ambient light) is permitted. Exhibit "A" to Town Council Resolution No. XX-2011 Page 5 Section VIII. Neighborhood Signs Neighborhood signs. Near any major street entrance to a neighborhood or housing development, the developer or the homeowners' association may install a sign, subject to: maximum height, five (5) feet; maximum length, six (6) feet; maximum area of display face, twelve (12) square feet; illumination, not permitted; copy, permanent image only with no changeable or changing images and no off-site commercial messages. An encroachment permit is required following issuance of a sign permit by the Town. Section IX. Encroachments A. Encroachment Policy With the exception of those signs described in Section VI of this Policy, signs that are mounted on private property but that project over the public right of way, or otherwise extend into or over Town Property, are authorized subject to: (1) The sign must satisfy all requirements of the Sign Ordinance; (2) The sign may not project more than six (6) feet from a building face nor project to a distance nearer than two (2) feet from the street curb; (3) The sign must be mounted so as to provide a ground clearance of at least eight (8) vertical feet; (4) The message substitution policy of the Sign Ordinance (Section 16A-210 of Municipal Code Chapter 16A) shall apply to signs authorized by this Section. Section X. Town Expression of its Own Messages Nothing in this Policy limits in any way the Town's ability to use Town property for the expression of its own messages. Section XI. Cross-Reference from Sign Ordinance The Town Council of the Town of Tiburon intends for this Resolution to satisfy the references in the Sign Ordinance, namely Sections 16A.115 (b) and 16A.715, which state that signs on the public right of way and signs on Town Property are regulated by Resolution of the Town Council. Section XII. Enforcement Unless no permit is required pursuant to this Policy, any unauthorized, unapproved, non- exempt sign on Town Property is subject to immediate removal and impoundment without notice. Impounded signs will be held for thirty (30) days. The Town will make reasonable attempts to contact the sign owner and provide the owner with ten (10) days' notice to reclaim the sign upon payment of recovery of Town's costs. Impounded signs, which remain unclaimed after thirty (30) days, may be disposed of in any manner whatsoever at the discretion of the Town. The Town may use the procedure set forth in Business and Professions Code Sections 5499.1 through 5499.16 as a guide. S: IAdministrationlTown CouncilSesolutionsWgn policy amendment r-eso ExhibitA 0.doc Exhibit "A " to Town Council Resolution No. XX-2011 Page 6