HomeMy WebLinkAboutTC Agd Pkt 2012-02-01TOWN OF TIBURON
Tiburon Town Fall
1505 Tiburon. Boulevard
Tiburon, CA 94920
AGENDA
Tiburon Town Council
February 1, 2012
Regular Meeting - 7:30 p.m.
Interview - 7:15 p.m.
TIBURON TOWN COUNCIL
INTERVIEWS FOR TOWN BOARDS, COMMISSIONS &t COMMITTEES - (7:15 p.m.)
Two vacancies - Heritage & Arts Commission
• Daniel Amir, 22 Juno Road
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Doyle, Councilmember Fredericks, Vice Mayor
O'Donnell, Mayor Fraser
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of January 18, 2012 meeting (Town
Clerk Crane Iacopi)
2. Library Streamlining Ordinance - 2nd reading and adoption of an ordinance establishing a
streamlined review procedure and exemption from the Zoning Ordinance for the
Belvedere-Tiburon Public Library Expansion Project located at 1501 and 1505 Tiburon
Boulevard; AP Nos. 058-171-92, 93, 94 and 058-171-62 (Director of Community
Development Anderson)
3. Tiburon Boulevard/Paradise Drive Security Cameras - Adopt annual operations report
(Chief of Police Cronin)
4. Marin Energy Authority Grant Support - Adopt resolution in support of Marin Energy
Authority (MEA) grant application for start-up funding for Property Assessed Clean
Energy (PACE) program (Town Manager Curran)
ACTION ITEMS
1. Appointments to Boards, Commissions &t Committees - Consider appointment to fill
one vacancy on Heritage & Arts Commission (Town Clerk Crane Iacopi)
PUBLIC HEARINGS
1. Trestle Glen Circle Precise Development Plan (PDP) -Review and consider adoption of
Mitigated Negative Declaration for a Precise Development Plan for three, single-family
residential lots on a 14.46 acre site on the south side of Trestle Glen Blvd between Tiburon
Boulevard and the upper intersection of Juno Road, AP No. 039-061-91 (Planning Manager
Watrous)
2. Housing Element Update - Review and consider adoption of a revised Housing Element of
the General Plan and an Accompanying Negative Declaration (Director of Community
Development Anderson)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests -January 20 , 2012
• Town Council Weekly Digest -January 27, 2012
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
Cc-/
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Fraser calle regu eting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday January 18, 20121 i Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Califo 'a.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Doyle, Fraser, Fredericks, O'Donnell
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Police
Captain Hutton, Town Clerk Crane Iacopi
Prior to the regular meeting, at 7 p.m., the Council conducted an interview for an opening on the
Planning Commission.
INTERVIEWS FOR TOWN BOARDS, COMMISSIONS & COMMITTEES
One Vacancy - Tiburon Planning Commission
• Jon Wellner, 24 Juno Road
TIBURON REDEVELOPMENT AGENCY
CALL TO ORDER AND ROLL CALL
Boardmember Collins, Boardmember Doyle, Boardmember Fredericks, Vice Chair O'Donnell,
Chair Fraser
ORAL COMMUNICATIONS
None.
BUSINESS MEETING
1. Redevelopment Agency Minutes -Adopt minutes of April 6, 2011 meeting (Board Clerk
Crane Iacopi)
RAFT
Town Council Minutes #01 -2012 January 18, 2012
Page I
MOTION:
To adopt minutes, as written.
Moved:
Fredericks, seconded by Collins
Vote:
AYES: Unanimous
2. Audit of Financial Statements - Accept the audited Annual Financial Report for the
Tiburon Redevelopment Agency for FY 2010-11 (Director of Administrative Services
Bigall)
MOTION: To adopt the report, as written.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
3. Implementation of Proposition 26 - Adopt resolution creating Enforceable Obligation
Payment Schedule pursuant to Proposition 26 (Town Attorney Danforth)
Councilmember Collins asked about the transfer of redevelopment agency funds to the Marin
Housing Authority in 2011. Town Manager Curran said there were two "pots" of money in
question - the money that was transferred to the Marin Housing Authority (which had agreed to
be the repository of the funds) for the purpose of developing low income housing in future
pursuant to an agreement between the Town and MHA, and a second "pot" of funds of around
$200,000 that had been used for the design and planning activities of the Lyford Drive Multi-
Modal Parking Lot (which is within the Town's Redevelopment Agency project area).
Collins asked what effect the recent California Supreme Court case regarding redevelopment
agencies would have on these funds.
Town Attorney Danforth said that the court's ruling would result in the dissolution of all
redevelopment agencies statewide, and that the Town had entered into the agreement with MHA
in anticipation of this outcome. She said there would be no change to the status of the funds
transferred to MHA.
Councilmember Collins asked if the Town would become the successor agency in any event.
Town Attorney Danforth said that it would.
Vice Chair O'Donnell raised the question of the necessity of continuing to carry on [the
responsibilities] of a soon-to-be-defunct governmental agency.
Town Attorney Danforth noted that the Town's affordable housing obligation would continue on
into the future even if the RDA was dissolved. She reiterated that the Town had transferred the
funds to the Housing Authority in 2011 in order to maintain some control over the use of those
funds in the event that the courts upheld AB 26's dissolution of California RDAs. She said if the
Town did not retain the RDA's housing function, the transferred funds would remain the
Housing Authority's, but without the restrictions of the Town's 2011 agreement.
DRAFT
Town Council Minutes #01 -2012 January 18, 2012 Page 2
Town Manager Curran further explained that by taking this action, the Town had taken care to
maintain some sort of control of the funds so that it would have a say in how this obligation was
realized in future. For instance, she said that the Town might be able to weigh in on where and
how the affordable housing would be built, rather than abdicating this responsibility or leaving it
solely up to the Housing Authority.
Vice Mayor O'Donnell said that the last paragraph of the proposed resolution said that the Town
was electing to retain the housing assets and would have to take some sort of action with regard
to these assets. Town Attorney Danforth agreed and said that even though there would
technically no Tiburon Redevelopment Agency after February 1, 2012, the Town would be able
to provide guidance to the MHA's use of the housing funds. The Town will also likely take
occasional actions as successor agency.
Councilmember O'Donnell suggested that the Town might simply turn the funds over to MHA
and "move on".
Town Manager Curran said that it was a question of whether the Town wanted to have any say in
how the housing funds would be used. She noted that staff thought it was prudent to leave the
Town Council in some measure of control.
MOTION: To adopt resolution, as written.
Moved: O'Donnell, seconded by Fredericks
Vote: AYES: Unanimous
ADJOURNMENT
Mayor Fraser adjourned the meeting at 7:40 p.m.
TIBURON TOWN COUNCIL
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Doyle, Councilmember Fredericks, Vice Mayor
O'Donnell, Mayor Fraser
CLOSED SESSION ANNOUNCEMENT, IF ANY
There was no closed session.
ORAL COMMUNICATIONS
Pamela McConnell-Douglass spoke in favor of erecting a plaque across from the Hilarita in
honor of the men and women who worked and lived there and had contributed to the war effort
(WWII), some of whom had lost their lives in the conflict. She said that people to this day came
DRAFT
Town Council Minutes #01 -2012 January 18, 2012 Page 3
to look for where their relatives had lived and it would be helpful to mark the area.
Mayor Fraser directed her to work with Town staff on this idea. She turned over some
photographs to the staff at the table.
CONSENT CALENDAR
1. Town Council Minutes -Adopt minutes of December 7, 2011 meeting (Town
Clerk Crane Iacopi)
2. Town Investment Summary -Accept report for December 2011 (Director of
Administrative Services Bigall)
3. Vacancies on Town Boards and Commissions - Announce pending vacancies on Town
Boards and Commissions in 2012 (Town Clerk Crane Iacopi)
4.' Audit of Town Financial Statements -Accept report and authorize filing of FY 2010/11
Town Financial Statements and Independent Auditor's Report (Director of
Administrative Services Bigall)
5. Annual Development Fee Report - Adopt annual report on the status of the Town's
Development Impact Fees pursuant to the California Government Code (Director of
Community Development Anderson)
6. Traffic Mitigation Fee Report - Adopt annual report and resolution (Director of
Community Development Anderson)
7. Zero Waste Campaign - Adopt resolution supporting "Zero Waste" targets for cities
(Associate Planner Tyler)
8. Implementation of Proposition 26 - Adopt resolution a) confirming the Town's role as
successor agency to the Tiburon Redevelopment Agency (RDA); and b) assuming the
RDA's affordable housing function (Town Attorney Danforth)
Councilmember O'Donnell asked to remove Item No. 4 from the Consent Calendar.
MOTION: To adopt the consent calendar Item Nos. 1, 2, 3, 5, 6, 7, 8, as written.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
4. Audit of Town Financial Statements -Accept report and authorize filing of FY 2010/11
Town Financial Statements and Independent Auditor's Report (Director of
Administrative Services Bigall)
DRAFT
Town Council Minutes #01 -2012 January 18, 2012 Page 4
Vice Mayor O'Donnell asked staff whether the Town had employed a new auditor. Director
Bigall said that the audit had been performed by the same company for approximately seven
years.
O'Donnell asked how the ($52 million of) capital assets of the Town were calculated. Bigall said
that a formal audit had been performed in 2003 by Harris & Associates which listed and affixed a
value to the Town's assets including streets, drainage, open space, as well as building and
roadway improvements. She said that when street improvements were performed, they were
added to the schedule.
O'Donnell asked whether the Town's depreciation schedule was the same used in the private
sector. Ms. Bigall said that she was not sure but thought that it was consistent. She said that
buildings were depreciated over 50 years, 40 years for streets, and the like.
O'Donnell noted for the record that the audit was effective as of June 3 0, 2011, and that the
Town had eliminated some of its unfunded liabilities (PERS liabilities) since that time.
Councilmember Collins asked about the "accounts payables" (under fiduciary assets and
liabilities) in the amount $17,000 for Del Mar, $170,000 for Lyford Cove, and $124,000 for the
Library. Ms. Bigall said that since the town used accrual basis accounting, these were payments
made to these entities or projects after the close of the fiscal year. She said that the Town did not
receive property taxes for the library until after July 1, and that the other payables were for
engineering services incurred in June but paid in July.
MOTION: To adopt Consent Calendar Item No. 4, as written.
Moved: Collins, seconded by O'Donnell
Vote: AYES: Unanimous
Mayor Fraser asked to take Public Hearing Item No. 2 out of order. Council concurred.
2. Library Streamlining Ordinance - Introduction and first reading of an ordinance
establishing a streamlined review procedure and exemption from the Zoning Ordinance
for the Belvedere-Tiburon Public Library Expansion Project located at 1501 and 1505
Tiburon Boulevard; AP Nos. 058-171-92, 93, 94 and 058-171-62 (Director of
Community Development Anderson)
Director Anderson gave the report. He said that the Town's General Plan called for the
streamlining procedure and process. He recommended that the Mayor conduct a public hearing
and conduct first reading of the ordinance.
Councilmember Collins asked whether it was a good idea given the amount of public interest in
the project to eliminate the normal process of the Planning Commission and Design Review.
DRAFT
Town Council Minutes #01 -2012 January 18, 2012 Page 5
Director Anderson said that there were two permits being reviewed - the conditional use permit
(Planning Commission) and Site Plan and Architectural Review (Design Review Board). He said
that the ordinance under consideration would give the Town Council the discretion to refer any
part of the permits process to any Town board or commission prior to making its final decision.
Mayor Fraser opened the public hearing.
Beverlee Johnson, President of the Library Board of Trustees, spoke on behalf of the Board in
asking that the Council adopt the streamlining process. She said the Board felt that it would not
only be more efficient but that it would be more cost effective for the Library, as well.
Mayor Fraser closed the public hearing.
MOTION: To read the ordinance by title only.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
Mayor Fraser read, "An ordinance of the Town Council of the Town of Tiburon establishing
review and decision-making procedures for the Belvedere-Tiburon Public Library Expansion
Revised Project and exempting said project from all provisions of the Tiburon Zoning Ordinance
as set forth in Title IV, Chapter 16 of the Tiburon Municipal Code."
MOTION: To pass first reading of the ordinance.
Moved: Fredericks, seconded by Collins
Vote: AYES: Collins, Doyle, Fraser, Fredericks, O'Donnell
ACTION ITEMS
1. Appointments to Boards, Commissions & Committees - Consider appointment to fill
vacancy on Planning Commission (Town Clerk Crane Iacopi)
Town Clerk Crane Iacopi noted that the vacancy had occurred as a result of the appointment of
Frank Doyle to the Town Council. She said the Council had interviewed four candidates-Rick
Waterman, Patrick McNerney, Kam Shadan, and Jon Welner.
Councilmember O'Donnell said that all four candidates should be commended for their excellent
qualifications and if not appointed, should be considered for other, future openings.
MOTION: To appoint Jon Welner to the Planning Commission.
Moved: O'Donnell, seconded by Fredericks.
Vote: AYES: Unanimous
2. Town Council Committee Appointments - Update Council Committee Appointments list
to reflect revisions or new committee assignments in 2012 (Town Clerk Crane Iacopi)
DRAFT
Town Council Minutes #01 -2012 January 18, 2012 Page 6
Town Manager Curran said that the Council filled appointments on regional boards and
commissions, as well as on Town committees, in January of each year. She referenced a matrix
of current openings that had been distributed to the Council. She noted that some of the ad hoc
committees were being removed from the list because their mission had been completed.
Mayor Fraser reviewed the list and the following appointments were made:
Regional Committees
ABAG - Mayor Fraser, Delegate, Vice Mayor O'Donnell, alternate
MEA - Dick Collins, Delegate, Emmett O'Donnell, alternate
Community Development Block Grant Priority-Setting Committee (CDBG) - Frank Doyle,
Delegate, Mayor Fraser, alternate
Marin Emergency Radio Authority - Councilmember Collins, alternate [Delegate, Chief
Cronin]
Marin Telecommunications Agency - Mayor Fraser, Delegate, Frank Doyle, alternate
Regional Airport Planning Committee - Councilmember Fredericks stepping down
[replacement will be appointed by Board of Supervisors]
Richardson Bay Regional Agency - Vice Mayor O'Donnell, Delegate, Vice Mayor Fraser,
alternate
Town ad hoc committees
Financial (2012-13 Budget) - Mayor Fraser and Councilmember Fredericks will continue to
serve
CART - Frank Doyle joining to replace Jeff Slavitz
Litigation Committee - Collins and Fredericks to continue
Legislative Action - Fredericks (Chair of MCCMC Legislative Committee); Collins
MCCMC committees
JPA Oversight Committee - Mayor Fraser to continue as delegate; no alternate selected.
It was noted that all other committees not listed above will continue with the same Council
representation as 2011.
DRAFT
Town Council Minutes #01 -2012 January 18, 2012
Page 7
MOTION: To confirm the new appointments, as noted in the Council discussion.
Moved: Collins, seconded by Fredericks
Vote: AYES: Unanimous
PUBLIC HEARINGS
1. 2012 Fee Schedules - Consider adoption of revised fee schedules for the Community
Development Department & Administrative Services Department (Director of
Community Development Anderson)
Director Anderson gave the report. He said the revisions were a mixture of fee increases, fee
reductions, and new service fees.
Vice Mayor O'Donnell asked some questions about the fees related to business licenses. Director
Anderson explained how fees for licenses pertaining to building permits were calculated [by
project] and how the valuations were determined.
O'Donnell asked whether business license fees were tied to state income tax returns or the like.
Director Bigall and Town Manager Curran explained that they were based on a percentage
(.0012) of reported annual gross revenues. Councilmember Collins said that this was similar to
calculating a sales tax. Staff concurred.
O'Donnell asked if there was a cap on the fees and commented that there might be some
disincentive to report earnings if there were not. For instance, he said it would be a disincentive if
a business had to pay $25,000 or more in fees just to do business in Tiburon.
Director Bigall said that the highest fee paid by a business licensee last year in Tiburon was
$10,000. She said that there were a couple of restaurants that paid between $5,000 and $6,000
but then the majority of fees collected dropped down to $1,000 or less, with many businesses
paying only the minimum of $15.
Town Manager Curran pointed out that this fee was quite modest and recommended that thought
should be given before any changes were made to the program.
Town Attorney Danforth agreed that the Council should weigh these ideas carefully because the
business license "fee" is indeed a tax (i.e., nota cost-recovery fee) and if lowered, State law
would require a vote before raising it again.
Councilmember Collins asked how the Town knew whether someone was doing business out of
their home. Town Manager Curran said that staff was in the process of raising awareness in order
to bring other home businesses into compliance.
Councilmember O'Donnell said that he had asked for further discussion of the matter to come
back to Council after the Council approved a contract with the State to obtain business license
DRAFT
Town Council Minutes #01 -2012 January 18, 2012 Page 8
information. He said that the way business was done was changing, along with demographics,
and that some of the Town's fees were "old school" and had not kept up with the times.
Town Manager Curran suggested that this subject be placed on the Town Council retreat agenda
for more discussion. Mayor Fraser said that a comparison of the Town's business license fees
with other municipalities would be helpful, as well.
Councilmember Fredericks noted that the State had really limited the ways that cities could raise
revenues and that this reality, combined with a political climate of taking funds away from cities,
could seriously limit a city's revenues.
Council had several more questions about fees pertaining to signs, tree permits, and the keeping
of chickens and bees.
Councilmember O'Donnell asked whether the $250 charge for a tree removal permit might also
be a disincentive, on top of the costs incurred by residents to remove trees.
Director Anderson said that the fee was not charged for small tree removal but he also noted that
the $250 did not begin to cover the staff s time in reviewing and issuing tree permits. Anderson
also noted that staff did follow-up inspections to many tree removals as part of the permit
process.
Mayor Fraser asked about condominium conversion fees. Director Anderson said that this fee
increase was due to staff oversight and had to be changed to be consistent with the fees charged
for conditional use permits that had previously been adopted.
Councilmember Doyle asked whether the line item for the keeping of chickens and bees was
related to discussion of the amendments to the zoning ordinance that the Planning Commission
had recently reviewed. Director Anderson said that they were and that they were proposed for
adoption in anticipation of this matter coming before the Council in future.
Mayor Fraser opened the public hearing. There was no public comment. Mayor Fraser closed the
public hearing.
MOTION: To adopt the 2012 fee schedule resolution, as written.
Moved: Fredericks, seconded by Doyle
Vote: AYES: Unanimous
2. Library Streamlining Ordinance - Introduction and first reading of an ordinance
establishing a streamlined review procedure and exemption from the Zoning Ordinance
for the Belvedere-Tiburon Public Library Expansion Project located at 1501 and 1505
Tiburon Boulevard; AP Nos. 058-171-92, 93, 94 and 058-171-62 (Director of
Community Development Anderson)
DRAFT
Town Council Minutes #01 -2012 January 18, 2012 Page 9
Heard out of order (see above).
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digests -December 9, 16 & 23, 2011
• Town Council Weekly Digests - January 6 & 13, 2012
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 8:40 p.m.
JIM FRASER, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT
Town Council Minutes #01 -2012 January 18, 2012 Page 10
To:
From:
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
February 1, 2012
Agenda Item: cc-
Subject: Adoption of an Ordinance Establishing a Streamlined Review
Procedure and Exemption from the Zoning Ordinance for the
Belvedere-Tiburon Public Library Expansion Project; 1501 and 1505
Tiburon Boulevard; Assessor Parcel Nos. 058-171-92, 93, 94 and
058-171-62 (portion); File MCA 2011-08
Reviewed
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on January 18, 2012, and waived all further readings. The item now comes to the Town Council
for adoption.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance. Should any Councilmember choose to vote differently on this item than other items
on the consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council enact final adoption of Ordinance No. 537 N. S., a draft
of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 537 N. S.
Prepared by: Scott Anderson, Director of Community Development
S: WdministrationlTown CouncillStaff Reports12012Web 1 Drafts1ibrary Expansion Streamlining 2nd reading report.doc
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
ORDINANCE NO. 537 N.S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING REVIEW AND DECISION-MAKING
PROCEDURES FOR THE BELVEDERE-TIBURON
PUBLIC LIBRARY EXPANSION REVISED PROJECT
AND EXEMPTING SAID PROJECT FROM ALL PROVISIONS
OF THE TIBURON ZONING ORDINANCE AS SET FORTH IN TITLE IV,
CHAPTER 16 OF THE TIBURON MUNICIPAL CODE
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. PURPOSE AND INTENT
The Belvedere-Tiburon Library Agency (BTLA) owns and operates a public library at the
corner of Tiburon Boulevard and Mar West Street, on property commonly known as 1501
Tiburon Boulevard and further identified as Marin County Assessor Parcels 058-171-93, 94 and
a portion of 058-171-62. In 2004, the Tiburon Town Council approved a general plan
amendment, rezoning, master plan amendment, and precise plan amendment for the construction
of additions to the existing Library building. The Town Council also adopted a mitigated
negative declaration of environmental impact for the additions to the Library as set forth in those
approvals.
In September 2005, the Town Council adopted an updated general plan known as Tiburon
2020, which set forth the following policy and program regarding the Library:
➢ Downtown Element Policy DT-35: Support an appropriate expansion of the
Belvedere-Tiburon Public Library adjacent to Zelinsky Park.
➢ Downtown Element Program DT-u: Facilitate expansion of the Belvedere-
Tiburon Public Library by employing streamlined permit review processes
typically used for major public projects.
In July 2007, the Town Council entered into an agreement with BTLA to transfer
property adjacent to the public improvements known as Zelinsky Park for the purpose of
expanding the library as contemplated by the general plan. The Agreement provided that the
Library addition project would be subject to the Town's normally applicable laws and
regulations, except as may be waived or modified by ordinance of the Town Council. The Town
retains its discretion to process and approve, conditionally approve or deny all land use
applications as provided by law.
Town of Tiburon Ordinance No. N. S. Effective --1--12012 1
EXHIBIT NO.,I
In July 2008, the BTLA decided to pursue a substantially different project (hereinafter
"Revised Project"), that proposes the primary additions to be located in the parking lot between
the existing Library and Tiburon Town Hall. Legislative land use entitlements for the Revised
Project are currently being processed by the Town, with Town Council approval anticipated prior
to January 1, 2012. The Town Council has certified an environmental impact report for the
Revised Project. The BTLA has requested, and the Town Council has initiated, the process to
adopt an ordinance establishing streamlined Town review and decision-making procedures for
the Revised Project, including exemption from provisions of the Tiburon Zoning Ordinance.
Pursuant to the provisions of Tiburon's Zoning Ordinance, the Revised Project would be
required to secure conditional use permit approval by the Planning Commission, and site plan
and architectural approval by the Design Review Board (DRB) prior to the issuance of a building
permit. However, the Town Council finds it appropriate to adopt this ordinance to establish a
streamlined decision-making procedure for the Revised Project, because of (1) the extraordinary
public interest served by the Revised Project (2) the above-listed general plan policy and program
regarding the expansion of the Library; and (3) the need to preserve scarce public monies by
minimizing the expense required to comply with the Town's laws and regulations while still
meeting the intent thereof.
SECTION 2. EXEMPTION FROM ZONING ORDINANCE
The Revised Project shall be exempt from all provisions of the Tiburon Zoning
Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code.
SECTION 3. ENVIRONMENTAL DETERMINATION
Adoption of this Ordinance has no potential to result in a significant impact on the
environment pursuant to Section 15061(b) (3) of the Guidelines for the California Environmental
Quality Act (CEQA) and is therefore exempt from review. Furthermore, the Town has
previously certified an environmental impact report for the Revised Project, and adoption of this
Ordinance makes no changes to the Revised Project that would require further review under
CEQA.
gFCTION 4 FTNDTNCTR
The Town Council finds as follows:
(A) The Planning Commission held a duly noticed and advertised public hearing on
December 14, 2011, at which testimony was received from the public; and thereafter
recommended adoption of the ordinance to the Town Council.
(B) The Town Council held a duly noticed public hearing on January 18, 2012 and heard
and considered public testimony on this item.
Town of Tiburon Ordinance No. N. S. Effective --1--12012 2
(C) The Town Council finds that the proposed ordinance would be consistent with the
goals, policies, and programs of the Tiburon General Plan, as set forth in the Staff
Report dated January 18, 2012.
(D) The Town Council finds that the proposed ordinance is consistent with the objectives
set forth in the Zoning Ordinance.
SECTION 5. REVIEW AND DECISION-MAKING PROCEDURES ESTABLISHED
Development applications for the Revised Project shall be reviewed pursuant to the
following procedures:
(A) The Town Council shall hold one or more public meetings on the
application to review and, if appropriate, approve or conditionally approve the site plan,
architectural, and related drawings for the project. This review shall include the building
additions, landscaping, parking and other ancillary improvements. In conducting its
review and evaluation of the application, the Town Council shall utilize those guiding
principles, design review guidelines, purposes and special considerations that the
Planning Commission and Design Review Board would have normally applied to
applications for a conditional use permit and site plan and architectural review absent the
adoption of this streamlined processing procedure.
(B) At any time during the process, the Town Council may, as deemed
appropriate, refer the application to the Planning Commission, Design Review Board, or
any other Council-appointed Committee for that body's expeditious input,
recommendations, or analysis. Such referrals shall be advisory and not binding on the
Town Council.
(C) Prior to any work on the site, the BTLA must apply for and the Town
Building Official must review and issue any building permits required by law pursuant to
an approved development application.
(D) Prior to any work on the site, the BTLA must apply for and the Town
Engineer must review and approve an encroachment permit for any work associated with
the project that is proposed on Town land or street right-of-way.
(E) The processing of the applications shall be exempt from all Town planning
and permit fees except that BLTA shall pay any costs the Town incurs from outside
vendors or consultants, or where the Town Manager has determined that such costs are
necessary or appropriate to process the applications.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after the date of passage
Town of Tiburon Ordinance No. N.S. Effective --1--12012 3
and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be
published, with the names of the members voting for and against it, at least once in a newspaper
of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on January 18, 2012 and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on , 2012, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S:UdministrationlTown CouncillStaffReports120121Feb 1 Draflsllibrary streamlining ordinance TCdraft.doc
Town of Tiburon Ordinance No. N. S. Effective --1--12012 4
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Manager
Town Council Meeting
February 1, 2012
Agenda Item: C~
Subject: Annual Report on Automated License Plate Reader System (ALPRS)
r
Reviewed By:
BACKGROUND
License plate camera installed by the Town on Tiburon Boulevard and Paradise Drive have now
been up and functioning for a little over one year. The Town Council adopted policy sets forth
proper use of the cameras and calls for an annual report on the cameras to ensure the policy is
working as intended.
Chief Michael Cronin has prepared the first annual report, which is attached. It concludes that
the ALPRS system is functioning well and assisting law enforcement in both Tiburon and
Belvedere in their duties without compromising privacy. It has become an important tool to help
safeguard our residents and private property on the peninsula.
RECOMMENDATION
Staff recommends that the Town Council accept the attached annual ALPRS report.
Exhibits: Annual ALPRS Report dated January 26, 2012
Prepared By: Peggy Curran, Town Manager
TOWN OF TIBURON PAGE 1 OF 1
TIBURON POLICE DEPARTMENT
1155 Tiburon Boulevard
Tiburon, CA 94920
MEMORANDUM
Date: January 26, 2012
To: Peggy Curran, Town Manager
From: Michael J. Cronin, Chief of Police
Subject: Annual report on the Automated License Plate Reader System
Tiburon Police Department policy 378 governs use of the Automated License Plate Reader
System (ALPRS). The policy requires the Chief of Police to prepare an annual report for
submission to the Town Manager. The report is to include an inventory of system equipment,
annual system costs and a summary of policy violations or a statement of compliance.
SYSTEM COSTS:
The annual cost of operation for the system for 2011 was $10,398.40. Costs were divided
between one time costs of $5265.40 and recurring costs of $5133.00 for monthly use fees for data
transmission. Non recurring costs include hours of labor performed by Tiburon Information
Services Technician at the fully burdened rate.
SYSTEM USE:
There were 27 inquiries made in the system in 2011. They resulted in identification of suspects in
eleven separate cases and the recovery of four stolen vehicles. All inquiries were made in
accordance with the policy. No violations of the policy were detected.
SYSTEM INVENTORY: See Attachment
ANALYSIS:
Overall, the system is functioning as expected. It is difficult to assess its impact on our crime rate
but it is interesting to note that since we began consideration of an ALPRS system our part one
crime has declined 34%. One of the crimes we specifically targeted was larceny, which declined
from 128 in 2008 to 78 in 2011. While it is impossible to say with certainty that the ALPRS
system was solely responsible I believe it is fair to assume it had an impact. The publicity that
attended system acquisition may have played a greater deterrent role than we anticipated.
ALPRS INVENTORY
01/04/2012
Description
Unit
Unit Cost $
Qt
Gross Cost $
Standard Camera &
associated hardware
EA
11,108
6
66,648
Modem & Antenna
EA
3,000
3
9,000
Software License
EA
8,000
1
8,000
Server
EA
3000
1
3,000
Backup memo
EA
428
6
2,568
Termination Cabinet
w/ power supply
EA
875
3
2,625
Subtotal
$91,841
Pole & Foundation
EA
3,000
1
9,000
Power Service Cabinet
EA
3,000
3
9,000
Pull Box
EA
550
6
3,300
Subtotal
$21,300
Total
$113,141
To:
From:
Subject:
Reviewed By:
SUMMARY
Mayor and Members of the Town Council
Office of the Town Manager
Town Council Meeting
February 1, 2012
Agenda Item: cr-zl
Support for Marin Energy Authority Grant Application for Start-Up
Funding for Property Assessed Clean Energy (PACE) Program
The Marin Energy Authority (MEA) proposes to submit a grant application to the California
Strategic Growth Council's Sustainable Communities Planning Grant and Incentive Program for
start-up funds for a PACE loan program to incentivize energy efficiency upgrades to existing
commercial and residential buildings. Resolutions of support are being sought from each
jurisdiction in Marin. Grant submittal is due February 15, 2012.
BACKGROUND
The California Strategic Growth Council is soliciting applications for $18 million in grant
funding from Proposition 84 (The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Act of 2006) for both planning and implementation of
sustainable community strategies. Grants will range from $100,000 to $1 million; no local match
is required.
An eligible implementation program for grant funding would be initiation of a PACE loan
program. The Marin City Managers Association has been pursuing discussions with the Marin
Community Foundation and the Sonoma County Energy Independence Program (SCEIP) for
more than one year, and has determined that an impediment to launching such a program is
availability of start-up funds for administration.
PROPOSED GRANT
MEA proposes to submit under Focus Area # 3: Regional Planning Activities with Multiple
Partners, which requires resolutions of support from jurisdictions which would participate in the
assessment district formation. A project budget is still being prepared, but will most likely
request between $200,000 and $300,000 to cover initial district formation, preparation of funding
agreements, implementation of application processing protocols by the SCEIP and initial program
marketing. No local matching funds are required.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
ov, 1'1 Cxn(Slci
_0 1
RECOMMENDATION
Staff recommends that the Town Council:
Adopt the resolution in support of the MEA grant application for start-up funding for
PACE program
Exhibits: PACE program description
Draft Resolution
Prepared By: Diane Crane Iacopi, Town Clerk
(t.~ z
Marin PACE Program Description
Over the last 40 years, technological innovation and trend-setting regulations have kept
California's per capita water and energy usage relatively stable. However, California's
population and economic growth over that period have resulted in an overall increase in
demand for those resources. The unfortunate byproducts of this growth include
degraded natural resources, habitat loss, climate change, and the expense of building
ever more infrastructure. In response to these issues, the Marin Energy Authority
(MEA) is seeking funding to launch a property assessed clean energy (PACE) program
that will reduce a key barrier to the implementation of energy efficiency, water
conservation and distributed generation: high upfront capital costs. By offering property
owners a means to finance eligible improvement projects, the Marin PACE program will
reduce the environmental impacts and strains on infrastructure caused by the
consumption of energy and water in Marin County. These benefits can be achieved
cost effectively when savings resulting from PACE-funded improvement projects exceed
annual financing payments.
MEA, a Joint Powers Authority comprised of the County and all of the cities and towns
within Marin County, plans to implement this program by contracting with the successful
Sonoma County Energy Independence Program for administrative expertise. In
addition, MEA will partner with the Marin Municipal Water District (MMWD) to implement
the water measures in the program. A partnership with the Marin City Community
Development Corporation (MCCDC) will connect trainees from MCCDC's job training
program with contractors working on PACE projects, thereby ensuring that
disadvantaged communities in Marin benefit from the anticipated creation of over 300
green jobs.
The Marin PACE program will also serve as a model for public-private partnerships.
Private sector investment in the initial $30 million loan pool will be critical to the PACE
Program becoming a self-sustaining program in which revenues from property owners
are used to re-fund the loan pool and cover operational expenses. In the early stages
however, the PACE Program will have to rely on grant funding to cover staffing costs,
marketing costs, program structuring fees, and attorneys' fees.
In order to reduce risk, property owners under the PACE Program will be required to
certify that the outstanding mortgage debt, plus the debt to be undertaken for the
improvement project, will not exceed the property value. In addition, all PACE Program
applicants will be screened to ensure that they are not in default on their property taxes.
The PACE Program will also require a 10% reduction in total energy use as a condition
of financing solar-photovoltaic or other on-site renewable generation.
Given the strong environmental awareness of Marin County residents, the community
support of progressive environmental initiatives, the potential economic benefits to the
customer, and the success of the PACE programs in the City of Palm Desert and the
County of Sonoma, MEA is confident that there is significant local market demand for a
property-based financing program.
RESOLUTION NO.
RESOLUTION SUPPORTING A GRANT APPLICATION BY THE MARIN ENERGY
AUTHORITY TO THE CALIFORNIA STRATEGIC GROWTH COUNCIL'S
SUSTAINABLE COMMUNITIES PLANNING GRANT AND INCENTIVE PROGRAM
FOR START-UP FUNDING OF A MARIN PACE (PROPERTY ASSESSED CLEAN
ENERGY) PROGRAM
WHEREAS, the California Strategic Growth has allocated $18 million in grant
funding from Proposition 84 (The Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Act of 2006) for both planning and implementation
of sustainable community strategies; and
WHEREAS, the Marin Energy Authority, on behalf of all of its member agencies
is desirous of submitting a grant proposal for implementation of a Marin PACE program
which would provide assessment district financing options for property owners wishing
to upgrade residential and commercial buildings for increased energy efficiency, water
conservation and generation of renewable energy; and
WHEREAS, all of the existing climate action plans adopted by Marin jurisdictions
include objectives to initiate a PACE program for constituents to incentivize building
energy and water retrofits and energy generation to achieve reductions in greenhouse
gases required by AB 32 (the California Global Warming Solutions Act); and [Note:
this reference can be made specific for each jurisdiction by citing the applicable
program from your climate action plan]; and
WHEREAS, it is projected that implementation of a PACE program in Marin has
the potential to create investment of over $30 million by retrofitting over 1,000 existing
buildings, and resulting in over 338 direct jobs, $44 million in new business revenue and
over $2 million in new taxes to local and state government, and reducing greenhouse
gas emissions by between 1.6 and 3.4 million pounds per year; and
WHEREAS the Sustainable Communities Planning Grant and Incentive Program
requires, for applications submitted under Focus Area 3 - Regional Planning Activities
with Multiple Partners, the submittal of letters of support from agencies likely to
participate in the future PACE program.
NOW, THEREFORE, BE IT RESOLVED that the (name of jurisdiction) supports
the application of the Marin Energy Authority for grant funding from the Sustainable
Communities Planning Grant and Incentive Program.
I, (name of city/town clerk), City Clerk of the (name of jurisdiction), hereby certify
that the foregoing resolution was duly and regularly introduced and adopted at a regular
meeting of the Council of said City held on the day of , 2012, by
the following vote, to wit:
To:
From:
Subject:
Reviewed By:
BACKGROUND
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
February 1, 2012
Agenda Item: AT-
Appointment to fill Vacancies on the Heritage & Arts Commission
There are two vacancies on the Heritage & Arts Commission due to the resignation of
commissioners Patricia Navone and Anne Thull last fall. The Town Clerk published a Special
Vacancy Notice and began receiving applications for the openings in December.
At tonight's meeting, the Council will interview Daniel Amir, whose application was received on
December 19, 2011. No other applications have been received to date.
RECOMMENDATION
Staff recommends that the Town Council:
1. Interview the applicant and consider making an appointment to fill one of the vacancies
at tonight's meeting, or
2. Direct staff to continue the matter to a future agenda.
Exhibits: Application of Daniel Amir
Prepared By: Diane Crane Iacopi, Town Clerk
December 19, 2011 DEU I X011
Dear Town Council, TOWN CLERK
TOWN OF TIBURON
My name is Daniel Amir and I am interested in applying for the open position on the Arts and Heritage
commission. I am excited about this opportunity and believe that my background could fit the goals of
the commission in promoting the heritage of Tiburon and arts in our community. I would like to focus on
the following points. -
First, I have always had a close passion to History and Arts in both my academic background and
personal experience. Academically, I have a B.A and a M.A in International Relations with a focus on
Europe. Personally, I have been a clarinet player for most of my life and have greatly enjoyed music.
Second, I have had a passion to promoting music learning for kids and have contributed to my daughters
pre-school music program. I have three kids and art and music are an important part of their upbringing.
With so many young kids in the Tiburon community, the commission has the opportunity to promote
arts in a new generation.
Third, as a relatively new resident to Tiburon (3 years) with a diverse international experience in both
working and living abroad, I believe that I might be able to provide a multi-cultural angle to the
commission.
Finally, in my professional life I work at Lazard as a Managing Director focused on the areas of
investments and research. In addition, I am also a board member of the Belveron East Neighbors
Association and involved in the organization of activities.
I thank the town council for giving me the opportunity to apply for this position and please don't
hesitate to contact me if you need any further information.
Re s,
7 Z~)
Daniel Amir
22 Juno Road
415-726-5900
Instructions and Application to Serve on a Town Board,
Commission or Committee
The Town Council considers appointments to various Town boards,
commissions and committees throughout the year due to term expirations and
unforeseen vacancies. In an effort to broaden participation by local residents in
Tiburon's governmental process and activities, the Council needs to know your
interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both pages of this form and
returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to
(415)435-2438.
Copies of the application will be forwarded to the Town Council and an
informal interview will be scheduled when a vacancy occurs. Your application will
remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Diane Crane Iacopi
Town Clerk
AREAS OF INTEREST
Please Indicate Your Area(s) of Interest in Numerical Order
(#I Being the Greatest Interest)
# PLANNING # PARKS & OPEN SPACE
# DESIGN REVIEW # RECREATION
*4 HERITAGE & ARTS # DISASTER PREPAREDNESS
# LIBRARY # MARIN COMMISSION ON AGING
# BICYCLE/PEDESTRIAN ADVISORY COMMITTEE
1
PERSONAL DATA
Only computer-generated or typewritten copy will be accepted;
Attach separate pages, including resumes and cover letters, if necessary.
NAME: Daniei Amir
MAILING ADDRESS: 22 Juno Road, Tiburon
TELEPHONE: Home: bby--'),D b Work. : 281-3424
Fax No.
PROPERTY OWNERS' ASSOC. (If applicable)
TIBURON RESIDENT: (Years) 3 years DATE SUBMITTED: 12 /19/11
REASONS FOR SELECTING
YOUR AREAS OF INTEREST
I am a relatively new resident to Tiburon but am interested in contributing
to the town of Tibruon and to preserving the art and heritage of the area by
leveraging my academics, multi-cultural background and art interests.
APPLICABLE QUALIFICATIONS
AND EXPERIENCE
Have been involved in arts and heritage for many years. I have a B.A and M.A
in Political Science and International Relations focusing on Europe. I grew up
in Israel and has cherished the arts growing up and have played the Clarinet
for many years. Have also been invovled in promoting music for young children
in my daughter's pre school. In my day job I work in finance in the banking
industry.
I believe I can bring an "international" perspective to the commission and
hope to contribute from my academic and life background to the community.
----------------------------------------------Town Hall Use
Date Application Received:
/2- /9'//
Appointed to:
(Commission, Board or Committee)
Date Term Expires:
/L
Interview Date:
(Date)
Length of Term:
2
Daniel L. Amir
22 Juno Road, Tiburon, CA 94920 Tel: 415-726-5900 daniel-amir@yahoo.com
EXPERIENCE
LAZARD CAPITAL MARKETS
Managing Director - Equity Research
• Head of Semiconductor and Components Research Group
stocks.
2007-current
Covering areas of hardware and alternative energy
Authored industry research reports in the area of wireless, servers, storage, LEDs, smartphones, tablets and
networking.
Responsible for organizing the company's annual technology conference, LED conference and other
organizational research activities.
WRHAMBRECHT & CO, San Francisco, CA 2004-2007
Senior Research Analyst - Semiconductors
• Lead semiconductor analyst on 18 memory, consumer and Comm-IC stocks.
• Top Producing and Performing research analyst at WRH for two years in a row. Responsible for -20% of the
firms trading volume in 2006. Ranked #I by WRH sales force for three years in a row.
• Established Israel franchise by landing a JV deal with the Leader Group in Israel to generate corporate finance
opportunities.
• Ranked #1 Semiconductor analyst and #2 sell side analyst on Wall Street in Zacks Investment research "2006
Best on the Street" analyst survey with a stock return of 70%.
BEAR STEARNS, San Francisco, CA 2003-2004
Junior Research Analyst - Semiconductors
• Authored research reports and position papers on PC, Flash and communication semiconductors companies that
include: Intel, AMD, Texas Instruments and Samsung.
• Interacted with investors on topics of investment recommendations, industry trends and company and financial
analysis.
JPMORGAN H&Q, San Francisco, CA 2000 - 2001
Corporate Finance Associate - Semiconductor Group
• Advised VisionTech on its sale to Broadcom for $777 million. Analyzed and evaluated acquirers proposals.
Prepared VisionTech's valuation analysis, which was presented to Broadcom's board. Executed 2 public
offerings in the EMS space.
• Identified and analyzed strategic opportunities and financing alternatives for client presentations. Topics
included analysis of regulatory issues in cross border M&A transactions, and minority investment considerations.
MINISTRY OF FINANCE, Jerusalem, Israel 1996-1998
Director - European and International Organizations Desk
• Led trade deficit study between Israel and EU that examined the trade underperformance of the Israel High Tech,
Telecom and Pharma industries.
• Coordinated the Israeli response on financial services for the negotiations at the WTO in Geneva and Free Trade
Talks with Europe, resulting in the ratification of three agreements.
• Published two articles in 1998 in the I.vrael Tax Quarterly and The International Chamber of Commerce on
issues of Israel and the European Monetary Union.
ISRAEL DEFENSE FORCE - AIR FORCE NON COMMISSIONED OFFICER 1990-1993
EDUCATION
MBA, UCLA - Anderson school of Business, Los Angeles, CA 2000
MA, Hebrew University, Jerusalem, Israel, - International Relations (Europe focus) 1998
BA, Hebrew University, Jerusalem, Israel, - International Relations and Economics 1996
ADDITIONAL
Fluent in Hebrew. A Nippon Fellow to the Salzburg seminar for world young leaders in `96. Involved in arts and
music; Clarinet player.
To:
From:
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
February 1, 2012
Agenda Item: p 8-,z
Subject: Housing Element Update: Public Hearing to Review and Consider
Adoption of a Revised Housing Element of the General Plan and an
Accompanying Negative Declaration
Reviewed
SUMMARY
The Town has received preliminary certification from the State Department of Housing and
Community Development (HCD) for its latest update of the Tiburon General Plan Housing
Element. The Planning Commission held a public hearing on the document last month and has
recommended adoption to the Town Council. The Town Council must hold a public hearing
prior to final adoption of the updated Housing Element.
BACKGROUND
The Town has been working toward this latest housing element update since 2009. In January
2011, the Town Council reviewed a Preliminary Draft Housing Element update document (see
minutes attached as Exhibit 1). Following the incorporation of changes made by the Council, the
Element was transmitted in February, 2011 to HCD for its initial review. HCD required
numerous additions and revisions to the document. In October, the Town received written
confirmation from HCD that the revised draft element, if adopted with HCD's changes, would
meet the statutory requirements for housing elements and would be certified as "in compliance"
with state law. Staff then prepared the environmental review document for the update and
circulated it for public comment. Securing the HCD confirmation constitutes a major hurdle in
the housing element update process. Failure to be certified by HCD as "in compliance" can have
serious negative repercussions for municipalities and can call into question the legal validity of an
entire general plan.
ANALYSIS
State Law Requirements for Housing Elements
State law requires each city and county to adopt a general plan containing at least seven elements
including a housing element. Rules regarding Housing Elements are found in the California
Government Code Sections 65580-65589. Housing Elements must be updated on a cycle ranging
from 5-8 years. All Bay Area jurisdictions are required to update their housing elements to cover
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
the 2007-2014 housing element planning period to comply with State law. The Town's current
Housing Element was adopted in 2005 and was certified by the State of California Department of
Housing and Community Development (HCD) in 2006.
Unlike the other mandatory General Plan elements, the Housing Element is subject to much more
detailed statutory requirements and mandatory review by the State of California Department of
Housing and Community Development (HCD). According to State law, the Housing Element
must:
➢ Provide goals, policies, quantified objectives and scheduled programs to preserve,
improve and develop housing.
➢ Identify and analyze existing and projected housing needs for all economic segments
of the community.
➢ Identify adequate sites that will be zoned and available (prior to Housing Element
adoption) within the current housing cycle to meet the Town's fair share of regional
housing needs at all income levels.
➢ Be internally consistent with other parts of the General Plan (which is critical to
having a legally adequate General Plan).
➢ Be submitted to the State Department of Housing and Community Development
(HCD) to determine if HCD "certifies" that the Housing Element is in compliance
with state law.
State Law establishes detailed content requirements for Housing Elements and requires a regional
"fair share" approach to distributing housing needs - called the Regional Housing Needs
Allocation (RHNA). State Housing Element law recognizes that in order for the private sector to
address housing needs and demand, local governments must adopt land use plans and
implementing regulations that provide opportunities for, and do not unduly constrain, housing
development.
In accordance with State law, the Housing Element must be consistent and compatible with other
General Plan elements. Additionally, the Housing Element should provide clear policy and
direction for making decisions pertaining to zoning, subdivision approval, housing allocations,
and capital improvements. The housing action program must also identify adequate residential
sites available for a variety of housing types for all income levels; assist in developing adequate
housing to meet the needs of low and moderate income households; address governmental
constraints to housing maintenance, improvement, and development; conserve and improve the
condition of the existing affordable housing stock; and promote housing opportunities for all
persons.
Current Phase of Review by the Council
The Revised Draft Housing Element contains all revisions made to the document subsequent to
its transmittal by the Town to HCD in February 2011. It also contains the edits and corrections
made by the Planning Commission at its January 11, 2012 meeting. For ease of review, the
Revised Draft version is annotated and employs underline and sail 'format to highlight
the revisions. In addition, staff includes the following summary of revisions by page number to
assist with Town Council review:
1. Pages 6-9: Minor updates to income-related statistics.
2. Page 17: Clarification of affordable unit totals in various Tiburon developments.
3. Pages 31-32: Added introductory paragraphs regarding funding sources for housing.
4. Pages 47-48: Added summary of 2000 U. S. Census overcrowding and housing stock age
and conditions for Tiburon.
5. Pages 56-57: Added discussion on homeless needs and statistics.
6. Pages 64-65: Additions regarding in-lieu housing fees and sufficiency of sites identified
to meet regional housing needs.
7. Page 66: This table has been revised to reflect reduced realistic capacity per HCD
(previous version of the table is attached as Exhibit 2).
8. Pages 68-70: Revised and enhanced discussion of Cove Shopping Center housing site.
9. Page 71: Added policy discussion for Reed School housing site.
10. Page 73: Minor clarifications regarding other housing sites.
11. Pages 83-86: Expanded discussion of zoning permit and design review processes as a
possible constraint to the provision of housing.
12. Page 95: Added new table showing local permit fees.
13. Page 124: Added a reference to specific implementing programs in the document and a
timeframe reference.
14. Pages 125-128, 131, 135-136, and 139: Added timeframe components to several
implementing programs.
15. Page 140: Added program timelines regarding Reed School housing site.
16. Page 141: Added text regarding timelines and working with owners on incentives to
development of housing sites.
17. Page 142: Timeframe and progress review modifications.
18. Pages 143-144: Added new program encouraging residential development on mixed use
sites by providing certain incentives such as shared parking, streamlined review, and fee
reductions.
19. Appendix A: Appendix A (Vacant/Underdeveloped Residential Parcel Inventory) has
been extensively revised and reformatted to include additional information requested by
HCD such as lot size, zoning, and general plan designation.
Due to the limited extent of the above-listed revisions, the Revised Draft Housing Element has
been printed in black and white for purposes of this review. Copies of the adopted Housing
Element will be printed in color.
ENVIRONMENTAL DETERMINATION
An initial study was prepared for the Housing Element update and a draft negative declaration
was prepared based on the conclusion that no adverse environmental impacts would result from
the update project. The number of housing units necessary to accommodate the Town's regional
fair share housing need has dropped since the prior housing element cycle, and no new housing
sites are identified in the updated element. The Planning Commission considered the Negative
Declaration in its review of the document last month. No comment letters were received and no
evidence in support of a fair argument that a significant effect would occur from the housing
element revision has been received.
RECOMMENDATION
Staff recommends that the Town Council:
1) Hold a public hearing and take testimony from interested persons.
2) Discuss and make and recommended revisions to the document.
3) Adopt the Resolution (Exhibit 3) adopting the negative declaration and adopting the
revised Housing Element.
EXHIBITS
1. Minutes of January 19, 2011 Town Council discussion of the Preliminary Draft
Housing Element.
2. "Summary of Housing Sites Table" from Preliminary Draft Element dated December
15, 2010.
3. Draft Town Council Resolution.
4. Planning Commission Resolution 2012-01 recommending adoption of element.
5. Planning Commission minutes of January 11, 2012.
T711, 7
ATTACHED IN SEPARATE 3-RING BINDER
➢ Revised Draft Housing Element dated December 2011
➢ Initial Study/Draft Negative Declaration
(both also available on-line at www.ci.tiburon.ca.us)
Prepared by: Jeffrey Baird, Planning Consultant
Scott Anderson, Director of Community Development
application to the DRB.
Town Attorney Danforth said that in the past, the Town Council had, in some instances, chosen
to uphold an appeal, deny an application without prejudice, and/or waive re-application fees for
one year.
Vice Mayor Fraser said that it was important to help the applicant in this instance.
Councilmember O'Donnell agreed, and stated that it was not cheap to prepare for and attend
these hearings, and that the applicant had gone through four different DRB hearings, in addition
to this meeting.
Planning Manager Watrous said that it would be important to provide direction to the applicant if
the Council denied the application without prejudice. In other words, was the direction from
Council that the applicant not re-apply with another detached two-unit design, and to re-apply
only with a attached two-unit design. Council concurred that its direction was for an attached
two-unit design.
MOTION: To uphold the appeal and direct staff to return to Council with a resolution of
findings, and to waive further reapplication fees by the property owners if they
submit an application for an attached dwelling for consideration by the Design
Review Board.
Moved: Fredericks, seconded by Collins
Vote: AYES: Fraser, Fredericks, Collins, Slavitz
NOES: O'Donnell
2. Draft Housing Element - Introduction and review of preliminary draft Housing Element
of the Tiburon General Plan (Director of Community Development Anderson)
Director of Community Development Anderson gave a brief report and turned the meeting over
to the Town's consultant, who reviewed the draft in more detail. He said that the new element
built strongly on the adopted General Plan Housing Element.
Council discussed the issue of affordable housing and asked how it would be possible to
provide incentives to landowners to reach the state-mandated goals. Councilmember O'Donnell
also said that it would be important to clarify language in the draft element pertaining to second
units, in light of the discussion at the appeal hearing.
Direction was given to staff to proceed with the draft, as written, with possible additional
written comments in the next couple of days from Councilmember Fredericks, and possible
input on the second unit discussion at the upcoming Town Council/staff retreat.
3. Ned's Way Recreation Facility -Review site plan and architectural drawings for the
Town Council Minutes #02-2011 January 19, 2011 Page 8
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EYE F3jl'IBIT NTO.
RESOLUTION XX-2012 DRAFT
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING AN UPDATE OF THE TIBURON GENERAL PLAN HOUSING ELEMENT
WHEREAS, since 2009 the Town of Tiburon has undertaken a comprehensive update of
the Housing Element of the Tiburon General Plan; and
WHEREAS, the Town of Tiburon conducted a public participation program including a
workshop and a newsletter; and
WHEREAS, the Planning Commission and Town Council have held public meetings to
solicit public input on the Housing Element update; and
WHEREAS, a Revised Draft of the Housing Element, dated December 2011, has been
prepared and released; and
WHEREAS, the Planning Commission held a duly noticed and advertised public hearing
on January 11, 2012, at which it considered any testimony received from the public; and
WHEREAS, an Initial Study and Draft Negative Declaration have been prepared for the
project pursuant to the California Environmental Quality Act, and the Planning Commission
considered said document in making its recommendation to the Town Council; and
WHEREAS, notice of the public hearings on the Housing Element Update was published
in the ARK newspaper and other noticing was provided as required by law; and
WHEREAS, the Town Council held a duly noticed and advertised public hearing on
February 1, 2012, at which it considered any testimony received from the public as well as the
recommendation of the Planning Commission; and
WHEREAS, the Town Council finds that an initial study of environmental impact was
prepared for the housing element update and a draft negative declaration released for public
comment on December 16, 2011. The comment period closed on January 9, 2012. The Town
Council finds that, based on the record, no substantial evidence to support a fair argument that a
significant adverse impact would result from the housing element update has been presented; and
WHEREAS, the Town Council finds that the updated housing element would be
consistent with and would further the objectives of the other elements of the Tiburon General
Plan; and
WHEREAS, the Town Council finds that the updated Housing Element complies with
California Government Code sections pertaining to housing elements.
Tiburon Town Council Resolution No. XX-2012 xx/xx/2012
1-1 IBIT NO.
~
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby adopt the Negative Declaration for the Housing Element update.
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does
hereby adopt an updated Housing Element, incorporating the revisions to the Revised Draft
Housing Element dated December 2011 as made by the Planning Commission at its January 11,
2012 meeting, and incorporating the revisions to said document made by the Town Council at its
meeting on February 1, 2012, with said adopted Housing Element to be dated February 1, 2012.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on February 1, 2012, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JIM FRASER, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. XX-2012 xx/xx/2012
RESOLUTION 2012-01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL
ADOPTION OF AN UPDATE OF THE
TIBURON GENERAL PLAN HOUSING ELEMENT
WHEREAS, since 2009 the Town of Tiburon has undertaken a comprehensive update of
the Housing Element of the Tiburon General Plan; and
WHEREAS, the Town of Tiburon conducted a public participation program including a
workshop and a newsletter; and
WHEREAS, the Planning Commission and Town Council have held public meetings to
solicit public input on the Housing Element update; and
WHEREAS, a Revised Draft of the Housing Element, dated December 2011, has been
prepared and released; and
WHEREAS, an Initial Study and Draft Negative Declaration have been prepared for the
project pursuant to the California Environmental Quality Act, and the Planning Commission has
considered said document in making its recommendation to the Town Council; and
WHEREAS, notice of the public hearing on the Housing Element Update was published
in the ARK newspaper and other noticing was provided as required by law; and
WHEREAS, the Planning Commission did hold a duly noticed and advertised public
hearing on January 11, 2012, at which it considered any testimony received from the public.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of
Tiburon does hereby recommend that the Town Council adopt the Housing Element Update
dated December, 2011.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the
Town of Tiburon held on January 11, 2012, by the following vote:
AYES: COMMISSIONERS: Corcoran, Kunzweiler and Tollini
NOES: COMMISSIONERS: None
Tiburon Planning Commission Resolution No. 2012-01 111112012
T - T
ABSENT: COMMISSIONERS: Weller
(One Vacancy)
J COR , CHAIR
iburon Planning Commission
ATTEST:
eI
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission Resolution No. 2012-01 1/11/2012
PLANNING COMMISSION
MINUTES NO. 1015
January 11, 2012
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL:
Chair Corcoran called the meeting to order at 7:30 p.m.
Present: Chair Corcoran, Vice-Chair Tollini, Commissioner Kunzweiler
Absent: Commissioner Weller
Staff Present: Director of Community Development Anderson, Planning Manager Watrous,
Planning Consultant Jeff Baird and Minutes Clerk Levison
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING
Planning Manager reported that the Kol Shofar use permit annual review is scheduled for
January 25th. The Town Council is scheduled to hold continued interviews for the open
Commission seat on January 18th. Review of the Trestle Glen Circle Precise Development Plan is
scheduled for February 1st and the Alta Robles project tentatively scheduled for February 15th
PUBLIC HEARINGS
1. HOUSING ELEMENT UPDATE: REVIEW AND CONSIDER
RECOMMENDING TO THE TOWN COUNCIL ADOPTION OF AN UPDATED
HOUSING ELEMENT OF THE TIBURON GENERAL PLAN
Community Development Director Anderson presented the staff report, stating that in January
2011, the Planning Commission reviewed the Preliminary Draft Housing Element and forwarded
its comments and recommendations to the Town Council. Following the incorporation of
changes made by the Commission and Council, the Element was submitted to the State
Department of Housing and Community Development (HCD) for preliminary review. In
October, the Town received written confirmation from HCD that the revised draft element would
meet the statutory requirements for housing elements and would be certified as "in compliance."
Several HCD comments focused on the Town's affordable housing and inventory of available
sites, while others sought clarification on the removal of government constraints and provision of
incentives to promote affordable housing construction.
TIBURON PLANNING COMMISSION MINUTES - JANUARY 11, 2012 MINUTES NO. 1015 PAGE 1
L' NATO.
~,T_
An Initial Study was prepared for the Housing Element update, concluding that no adverse
environmental impacts would result from the update project and that it would be eligible for a
mitigated negative declaration. The number of housing units necessary to accommodate the
Town's regional fair share housing need has dropped since the prior housing element cycle. Staff
recommended that the Commission hold a public hearing, discuss and make any recommended
revisions, and adopt the resolution recommending adoption of the updated Housing Element to
the Town Council.
Mr. Anderson introduced Planning Consultant Jeff Baird.
Chair Corcoran opened the public hearing and, there being no comment, closed the public
hearing.
Vice-Chair Tollini provided the following minor corrections/clarifications:
• Page 59, 3rd line - "Hence, the Marin Housing Authority..."
• ' Page 65 clarification on the table referenced
• Page 68 - update occupancy status of several retail locations
• Page 83, 3rd paragraph - "...information required for application to be deemed
complete..."
Vice-Chair Tollini requested clarification on a cross-reference on Page 85, which Mr. Anderson
advised should be deleted.
Commissioner Kunzweiler remarked on the narrative and flow of the document, which provides
a comprehensive set of guidelines. He called out interesting data such as projected growth and
demographics, though he questioned what seemed to be a high number of persons with
disabilities (1,488). He found the decrease in regional housing needs assessment numbers, which
have always been controversial and frustrating, particularly interesting. He complimented Mr.
Baird on crafting such a transparent review of the Town's planning process and fees and noted
that the latter are not out at all out of line with those of other communities, despite what some
residents may assert. He referred to Page 106, which notes the severe lack of water pressure on
the southern unincorporated portion of Paradise Drive. He could not recall any dialogue on this
during the recent coverage of the Alta Robles project.
Chair Corcoran said he would submit his minor comments in writing to staff.
ACTION: It was M/S (Kunzweiler/Tollini) to adopt the resolution recommending adoption of
the updated Housing Element to the Town Council. Vote: 3-0.
TIBURON PLANNING COMMISSION MINUTES -JANUARY 11, 2012 MINUTES NO. 1015 PAGE 2