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HomeMy WebLinkAboutTC Agd Pkt 2012-03-21TOWN OIL TIBURON Tiburon Town Council Tiburon Town Hall March 21, 2012 1.505 Tiburon. Boulevard Regular Meeting - 7:30 p.m. Tiburon, CA 94920 Closed Session - 6:30 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (6:30 p.m.) CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Tiburon Police Association Employee Group: Unrepresented Employees Negotiators: Town Manager and Director of Administrative Services 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 extFnded discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION • Introduction of new Police Officer - Amit Latchman 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 February 15, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes -Adopt summary of March 2, 2012 Council-Staff Retreat (Town Manager Curran) 3. Town Council Minutes -Adopt minutes of March 7, 2012 regular meeting (Town Clerk Crane Iacopi) 4. 2011 Street Improvement Project - Accept project as complete and authorize filing of Notice of Completion (Director of Public Works,/Town Engineer Nguyen) 5. Martha Company MOU - Approve extension of Memorandum of Understanding with Martha Company (Town Attorney Danforth) - continued from March 7 6. Sign Permit Approval at 1599 Tiburon Boulevard - Adopt resolutions a) denying the appeal by Appellants Against the CVS Beach Road Sign, and b) partially granting the appeal of josh Eisenhut, Armstrong Development of a sign permit approval for the installation of signs for a Drug Store and Pharmacy at 1599 Tiburon Boulevard, AP Nos. 058-171-89 and a portion of 058-171-88 (Planning Manager Watrous) ACTION ITEMS 1. Appointments to Town Boards, Commissions and Committees - Consider appointment to fill a vacancy on the Heritage & Arts Commission (Town Clerk Crane Iacopi) 2. Annual General Plan Status Report - Consider acceptance of annual General Plan Implementation Status Report for Calendar Year 2011 (Director of Community Development Anderson) 3. Business License Tax - Consideration of current Fee Schedule for Home-based Business License fees (Director of Administrative Services Bigall/Town Manager Curran) PUBLIC HEARINGS 1. 14 Cecilia Court - Appeal of Planning Commission denial of an applicatioA to amend the Tiburon Highlands Precise Plan to increase the maximum allowable floor area for the lot from 3,500 square feet to 3,884 square feet (Planning Manager Watrous) • Owners/Appellants: David and Dipanwita Reis • Applicant: Gregg LeDoux & Associates, Inc. • Property Address: 14 Cecilia Court • Assessor's Parcel No. 034-360-30 WORKSHOP 1. Library Expansion Project - Informal discussion between the Library Agency and Town Council regarding Library expansion and possible modifications to the interim plan the Agency is considering based on previously received direction from the Town Council (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -March 9, 2012 • Town Council Weekly Digest -March 16, 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 they above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, February 15, 2012 in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. 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, Planning Manager Watrous, Town Clerk Crane Iacopi Prior to the regular meeting, at 7:15 p.m., the Council conducted an interview, as follows: INTERVIEWS FOR TOWN BOARDS, COMMISSIONS & COMMITTEES One vacancy on Building Code Appeals Board • Mark Swanson CLOSED SESSION ANNOUNCEMENT, IF ANY There was no closed session. ORAL COMMUNICATIONS None. CONSENT CALENDAR w 1. Town Council Minutes - Adopt minutes of February 1, 2012 regular meeting (Town Clerk Crane Iacopi) 2. FY 2011-12 Town Budget - Accept mid-year budget report (Director of Administrative Services Bigall) DRAFT ouncil Minutes #xx -2012 February 15, 2012 Page I 3. Designation of Town representatives regarding Town employee compensation and benefits - Appoint Town Manager Curran and Administrative Services Director Bigall as Town representatives in negotiating compensation packages for all Town employees (Town Attorney Danforth) MOTION: To adopt Consent Calendar Item Nos. 1 through 3, as written. Moved: Collins, seconded by O'Donnell Vote: AYES: Unanimous ACTION ITEMS 1. Appointments to Boards, Commissions & Committees - Consider reappointment of commissioners whose terms expire at the end of February 2012 (Town Clerk Crane Iacopi) Council waived the staff report. Mayor Fraser noted that with the exception of Tina Warren (Jt. Recreation Committee), all of the commissioners whose terms were expiring sought reappointment. Town Clerk Crane Iacopi said that the Council was scheduled to interview applicants for the Heritage & Arts Commission vacancies at a future meeting. MOTION: To reappoint Lou Weller to the Planning Commission, Bryan Chong and Michael Tollini to the Design Review Board, and Phillip Feldman and Michael McMullen to the POST commission. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous 2. Appointments to Boards, Commissions & Committees - Consider appointment to fill one vacancy on the Building Code Appeals Board (Town Clerk Crane Iacopi) Council waived the staff report. Mayor Fraser noted that the Council had interviewed its first applicant for the Building Code Appeals Board (BLAB), a new standing body of the Town. MOTION: Moved: Vote: To appoint Mark Swanson to the Building Code Appeals Board. Collins, seconded by Doyle AYES: Unanimous DRAFT Town Council Minutes #xx -2012 February 15, 2012 Page 2 PUBLIC HEARINGS 1. Alta Robles Precise Development Plan, Alternative 6 - 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 - Item continued from November 16, 2011 Planning Manager Watrous gave the report which detailed the actions taken by Council and the applicant, to date. Watrous said that on August 3, 2011, the Town Council held its first public hearing of the Alta Robles project and its environmental impact report (EIR). At that meeting, he said the Council received extensive public testimony, after which it adopted a resolution certifying the EIR for the project. Watrous said that the Council requested additional information on the project merits and continued the hearing. At its August 31 meeting, Planning Manager Watrous said that the Town Council reviewed the additional project information and deliberated upon the merits of the application. He said the Council generally agreed with the Planning Commission's analysis and recommendations. However, a majority of the Council believed that the applicant might be able to retain some or all of the lots that the Commission recommended for elimination, specifically Lots 8, 9, 10 and 13, if the project were modified to enhance compliance with the Town's General Plan in a manner that did not increase the project's environmental impacts. In general, Watrous said the Council requested that the applicant move house locations and residential use areas away from the ridgelines "as far as possible" without creating increased impacts relating to the existing site constraints. In addition, he said the Council recommended smaller homes on several lots. At the applicant's request, the Council gave specific direction as to the nature of revisions that might address General Plan consistency concerns, as more fully detailed in the written staff report. Mr. Watrous said that at the November 16, 2011 meeting, the Town Council reviewed a conceptual plan showing revisions to the project design, designated as Alternative 6, and that the Council had requested the applicant to provide further additional information, as follows: • Prepare larger scale drawings to make the lot lines and RUA limits more legible; • Prepare conceptual architectural home designs for modified lots and houses; • Install story poles for revised lots only; • Stake the RUAs for revised lots only; and • Update the tree removal data resulting from the latest project revisions. The Planning Manager said that the Council had determined this additional information was necessary before they could render a decision on the revised 14-unit project design proposed as DRAFT Town Council Minutes #xx -2012 February 15, 2012 Page 3 Alternative 6. In addition to providing the information described above, Watrous said the Council also directed the applicant to attempt to either move the residential use areas away from the ridgelines on the site or ensure that future site improvements were kept away from the ridgelines. Watrous said the applicant had submitted the additional information requested for the Alternative 6 project design, and that information had been distributed to the Town Council. He reviewed the revisions made to each lot, as noted in the written staff report. Planning Manager Watrous further commented on the changes. He said the revised house locations (moved off the ridgelines) would appear to materially reduce the project's visual impacts while not materially increasing the project's other environmental impacts. Watrous said the revised location of the house on Lot 8 would be partially within an area of Coast Live Oaks, and the revised building footprints and/or residential use areas for Lots 6, 9 & 10 would appear to encroach slightly more into areas that include Coast Live Oak trees. He said that the applicant's analysis indicated the loss of only one additional oak tree as a result of the Alternative 6 revisions. Watrous said that the other revised house locations appeared to only affect areas on the site that are not environmentally constrained. He said that Staff considered the very slightly increased impact on Coast Live Oaks to be minor and still adequately addressed by Mitigation Measure 5.5-5 of the EIR. Mr. Watrous noted that he revised plans did not include the Planning Commission's recommendation to incorporate the private open space on the northern portions of Lots 1, 2, 4 & 71 across the roadway from the residential use areas, into the Lot "A" private common open space. He said that Alternative 6 plans still designated this area as private open space for the four lots. Watrous noted that the Planning Commission's recommendation was intended to increase the protection of sensitive plant habitat in these areas that are otherwise contiguous with Lot "A." He said the Commission cited the direction of General Plan Policy OSC-26, which states that "to the maximum extent feasible, and as required by federal and state laws, developmdnt and construction shall not affect special status species or special communities." He said the Commission determined that the sensitive plant species found in the private open spaces would be better protected if combined with the adjacent common open space area. Watrous said the Town Council has not addressed this specific issue in its prior deliberations. In sum, Planning Manager Watrous said the applicant had presented the detailed information on Alternative 6 as requested by the Town Council. He recommended that the Town Council review and comment upon the revised project design and determine if Alternative 6 could be approved or whether modifications should be made as conditions of approval of the Precise Development Plan. He said that the Council might use the attached Exhibit 1 as a guide to deliberate and try to reach consensus on remaining outstanding issues on a lot-by-lot basis. DRAFT Town Council Minutes #xx -2012 February 15, 2012 Page 4 Mayor Fraser opened the hearing to a presentation by the applicant. Daniel Rabin, speaking on behalf of the applicants and their team, said he hoped for a successful conclusion of the hearings tonight which would provide an opportunity for his family to realize his father's vision for development of the parcel(s) and provide an example of smart development for the Town of Tiburon and the County of Marin. Mr. Rabin said that they were proud of the first submittal and this one, as well, which provided a significant public benefit by preserving 76% of the property as open space and would also provide a connection to the Tiburon Ridge Trail over the property. Rabin noted that all the homes had been moved off the ridges, had been shrunk and lowered in height, and that in response to the Council's request at the November 2011 hearing, the applicant had provided even more detailed information and an enhanced version of the project which would make the Town a leader in Green Development, if approved. Architect Ken Kao presented some slides and data detailing the changes made by the applicant in response to the Council's comments at the last hearing. He said these changes further reduced the visual impacts, as well as the bulk and mass of the home designs and placement on the lots, and offered increased the vegetative roofing. Dr. Kao responded to questions from the Council. One question was whether all the roofs would be "living roofs." He said that all would have portions of vegetative roofs, but the portions would vary. He noted that the original vision was for solar roofs but that the vegetative roofs would further "hide" the roofs from view. Dr. Kao also answered questions about the house on Lot 13. He said that it had been lowered from 27.9 feet to 22 feet on both sides (Paradise and Acacia Drive sides) and that the roof shape had been changed from single barrel to double barrel to further reduce the visual impact. He said that it would be one-story on the Acacia side and that at the northeast corner it would have two stories. He said the lowest point was 10 feet, up to 12-14 feet, and would be lower on the N downslope. Mayor Fraser asked about the house on Lot 8. He said that its relocation seemed to present more of an encroachment on the grove of oak trees. He wondered how this could result in the loss of only one tree, as noted in the staff report. The applicant's representative from CSW Stuber Stroeh said that the net change from the previous plan represented a loss of one tree. Dr. Kao also noted that the applicant had understood the visual significance of the "bluff' on Lot 8 and had relocated the house down the bluff as a result. He said the "grassy knoll" was now visible. Riley Hurd, attorney representing the Rabin family, said that a significant amount of work had gone into the redesign of the project and that as a result, every single home had been moved. He DRAFT Town Council Minutes #xx -2012 February 15, 2012 Page 5 asked that the Council limit the hearing to the most recent changes to the plan. He noted that while Exhibit 1 to the staff report was a helpful tool for Council's review, it contained information that was not part of Council's direction to the applicant at the last hearing. He also said this raised the issue of due process. Hurd said, for instance, that there was no mention of private open space versus common open space [in Council's direction at the last meeting] and that the applicant could do nothing at this juncture to respond to this issue being raised at this time. He recommended that the open space remain as part of the lots and continue to be counted as such. Mr. Hurd further commented on Exhibit 1 noting that staff raised an issue concerning Lot 13's view impact as "breaking the horizon beyond." He said the applicant had reduced the size and height of the house, and had placed half of it underground. He said that this was the first time he had heard of a downhill view being designated as an "impact" and he wondered aloud whether the Town was setting a new standard. Hurd asked that the Council not set a standard of invisibility and impossibility. Mr. Hurd said the applicant had made changes to conform to every request by the Council since the last hearing. He said the steps taken by the applicant to reduce size and height were significant, not "token" changes. He said that at 0.26 units per acre, the Alta Robles PDP achieved a "platinum standard" and exceeded consistency with the Town's General Plan. Councilmember Fredericks asked about this last assertion. Scott Hochstrasser, applicant's representative, said that the General Plan had designated the property as having up to 20 units. Ms. Fredericks noted that this was a maximum rather than a guarantee. Hochstrasser agreed. Mayor Fraser opened the hearing to the public. The following people spoke: 1. Marty Winter - Belvedere resident; friend of the family; asked the Council to approve the "platinum standard project;" said it would be an addition to the Paradise Drive area; 2. Dan Waldman - Paradise Drive resident; friend of the family; read a letter in support of the project and noted how the family had taken care to be ecologically sensitive and had voluntarily downsized the project; expressed concern at the amount of t1me taken to review the project; 3. Mark Goldstein - Paradise Drive resident, said he liked the home designs but continued to have concerns about the "massive" project and "unprecedented" amount of grading and number of homes it would entail; 4. Sandra Swanson - said she represented Seafirth Estates; said she opposed the project as presented for size of homes and impacts of certain lots, such as Lot 13; said this was the last opportunity to reduce the number of lots and square footage per the Planning Commission recommendations; 5. Scott Patten - spoke in favor of the project and for an owner's right to develop; said the process represented "micromanaging" with the meter running; 6. Eva Buxton - expressed continued concern over the encroaclunent of development onto native plant zones and against hydroseeding using non-native plants; DRAFT Town Council Minutes #xx -2012 Februaq 15, 2012 Page 6 7. Robert Swanson - Seafirth Estates, asked how this project might affect his property's value; asked who would maintain the screening (trees) of the project; 8. Lee Cantor - spoke of the beauty and charm of the Town and how impressive the designs of the Alta Robles homes were; said they would blend seamlessly into the hillsides and should be a model for new development; 9. Randy Greenberg - Norman Way, reviewed the issues raised in her "late mail" letter; cited the Paradise Drive Visioning Plan as well as the Town's General Plan; said that existing driveway was problematic and asked that a portion of it be removed to restore habitat on Lot 8; 10. Barbara Patten - expressed disappointment with the process and the length of time it takes, and the uncertainty a property owner faces, not knowing if he or she will ever reach approval. Mayor Fraser closed the public hearing at 8:35 p.m. He asked if the applicant wished to respond to any of the comments raised. Mr. Hurd said that 1) there are no new driveways suggested in the plan and that the EIR did not require removal of the Rabin driveway; 2) the resource map issues raised by Ms. Buxton had been thoroughly discussed and that the houses [in Alternative 6] had been moved only within the RUAs and not into the sensitive species areas; that the applicant would not use non-native hydroseeding; and 3) with regard to property rights, he agreed that there was some "blurring of the line between public/private property" in this development plan, but noted that the applicant had kept 76% of the land in open space, had moved all homes off of the Town-designated ridgelines and had provided design guarantees, within established RUAs, thus exceeding all known Town standards and guidelines. Each councilmember gave their comments. The discussion went on until just before 10:30 p.m. A few of the remarks are stated below. Councilmember O'Donnell said he liked the initial submission and he liked this,one, as well. He agreed that it represented a model for other potential projects in the County, with its dedication of private open space, sensitivity to the environment, designs that melded into theolandscape, LEED certification and attention to issues of sustainability. O'Donnell said that the project worked well for this site, and for Tiburon, as well. He thought that Lots 5 & 6 were hidden from view and that the redesign of Lot 8 solved previous issues. He said that he visited the site and did not have any specific problems with the design, but felt that accessory structures should not be located on the ridgelines. He called the plan "a gem" and said he was prepared to approve the plan, as submitted, although he sought clarification for a few of the issues raised by staff. Councilmember Fredericks commented on the issue of property rights. She said that local government had the privilege and responsibility to protect the community and to place restrictions on property development through zoning restrictions for the protection of all. DRAFT Town Council Minutes #xx -2012 Februaiy 15, 2012 Page 7 Fredericks said that this was a complicated piece of property with many constraints. She said that 20 units would perhaps be reasonable for an unconstrained property, and that the Alta Robles development plan represented 72,000 square feet of structures being proposed for this land. Fredericks suggested that additional basement area be prohibited and that secondary dwelling units be attached to the primary dwellings, with no additional floor area allowed for secondary units. She thought that the issue of the open space on Lots 1, 2, 4 & 7 had ben agreed upon. She asked for some sensible design standards for driveway retaining walls. She felt that Lot 13 looms over Paradise Drive from some locations and she would like to see it reduced to protect more habitat. Councilmember Doyle called upon his five years of experience on the Design Review Board and said that square footage was a guideline to ensure that the bulk and mass of a house did not overwhelm the space. He said that a 3,000 square foot home could be massive, while a 6,000 square foot home buried into the hillside could be beautiful. He said that it was a mistake to focus on the number of square feet alone. He said that as an example, the proposed house on Lot 8 had so much of its mass sloping downhill that it did not "stick up" and rather, blended in. He said it was important to review what the home looked like and not focus primarily on the square footage. That being said, Doyle asked what guarantee was there that the houses would be built per these designs. Planning Manager Watrous said that Condition No. 14 stated that the designs "shall be closely based on" the exterior appearances shown on the drawings and that this was the express intent of the Council. This would disallow substantive changes, according to Watrous, except in the reduction in height and/or size. Director Anderson added that in this instance, the Town would be a "backstop" in house design enforcement because the property owner's association will be required to be the "first" enforcers of house designs in accordance with the Kao drawings. In conclusion, Councilmember Doyle said that he could support the project as presented. ~r Councilmember Collins said that the Council had worked hard in its deliberations to determine whether the applicant could build on all of the Lots, even though the Planning Commission had recommended eliminating some of the lots. He said that all this hard work, and the applicant's response, had paid off. Even though he joined with his colleagues in praising the designs of the homes, Collins still expressed some concern about house size and said that at the end of the day, there were still two 8,000 square foot homes in the plans. He wondered if there was anything that could be done to reduce their size and impact. He thought that requiring the private open space on Lots 1, 2, 4 & 7 to be common open space was a good idea. He suggested limiting accessory buildings between the ridgeline and the house footprint for Lots 8, 9, 10 & 12. He agreed with Councilmember DRAFT Town Council Minutes #xx -2012 February 15, 2012 Page 8 Fredericks about allowing attached secondary dwelling units only. He asked that taller retaining walls be clad with a stone surface. Mayor Fraser praised the applicants for their hard work and the community for its input. He said that flexibility and compromise was required in the review of such a large-scale project with long-tenn impacts for the community. He applauded Dr. Kao for setting a high standard and for creating the character and feel of the project. He said this resulted in a thoughtful design on a constrained site. Mayor Fraser asked for clarification on certain outstanding issues, such as the distance between the house and accessory buildings on Lot 12, and the creation of contiguous private and public open space on Lots 1, 2, 4 & 7, as recommended by the Planning Commission. He also said that there should be stringent guidelines to mitigate the impacts of construction on the surrounding area, such as disallowing parking on Paradise Drive during the construction. He said that he was not troubled by the overall house sizes. Planning Manager Watrous summarized the points made during the Council's discussion that had resulted in a consensus of opinion. These items would be incorporated into the draft resolution approving the precise development plan: --On Lots 8 through 12, no major accessory buildings, including pools, buildings and garages, between the ridgeline and the extended line of the house footprints --On Lot 12, no accessory buildings, including garages, permitted in the residential use area west of the ridgeline --No construction parking or staging on Paradise Drive --No additional basement area --No additional FAR for second units and second units to be attached only, not separate from main house --approve Attorney Hurd's letter proposal to allow construction drawings to be submitted in 90 days instead of 30, due to their complexity --revise ridgeline No. 5 to correct error on plans --the existing driveway entrance may continue to provide access to Lot 1 --extend the allowable construction time to 3 years instead of two for the subdivision improvements. MOTION: To adopt resolution of findings pursuant to CEQA, as written. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous MOTION: To adopt resolution approving the Precise Development Plan and Mitigation Monitoring Plan, as amended above. Moved: O'Donnell, seconded by Doyle Vote: AYES: Unanimous DRAFT Town Council Minutes #xx -2012 February 15, 2012 Page 9 MOTION: To read ordinance by title only. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous Mayor Fraser read, "An ordinance of the Town Council of the Town of Tiburon prezoning unincorporated territory (Soda Property) in the Paradise Drive portion of the Tiburon Planning Area (Assessor Parcel Number 039-301-01)." MOTION: To pass second reading and adopt the ordinance. Moved: O'Donnell, seconded by Collins Vote: AYES: Collins, Doyle, Fraser, Fredericks, O'Donnell TOWN COUNCIL REPORTS Mayor Fraser reported on the progress of the Ned's Way subcommittee. He also noted that the idea of appointing a Councilmember for both Belvedere and Tiburon to the Jt. Recreation Committee was being contemplated. Town Manager Curran said that this issue would be brought to the entire Council in future for its consideration. Councilmember Fredericks gave the Council an overview of the Sustainable Communities Strategies and how this regional planning process was intertwined with housing quotas (RHNA numbers), as well as future transportation funding, pursuant to AB 32. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests - February 3, 2012 • Town Council Weekly Digest - February 10, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 10:44 p.m. JIM FRASER, MAYOR DRAFT Town Council Minutes #xx -2012 February 15, 2012 Page 10 ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2012 Februari 15, 2012 Page 11 c TOWN OF TIBURON fM 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: March 8, 2012 To: Mayor and Town Council From: Peggy Curran, Town Manager~4\ Subject: Summary of March 2, 2012 Council-Staff Retreat On the morning of March 2, 2012, the Town Council and staff met for a retreat at The Lodge in Tiburon to review progress on current objectives, discuss the state of the Town's budget reserves and provide direction for the upcoming fiscal year. Staff present were the Town Manager, Town Attorney, Director of Public Works, Police Chief and Captain, Community Development Director and Planning Manager, Director of Administrative Services, Town Clerk and IT Coordinator. No members of the public attended. The agenda is attached to this memorandum (Exhibit A). Mayor Fraser kicked off the day with introductory remarks and a review of the agenda. He described the retreat as a special opportunity for the Council and staff to communicate and encouraged all present to speak up and join in the conversation. Manager Curran briefly reviewed completed projects (Exhibit B) since the last retreat. Review of Reserves Administrative Services Director Heidi Bigall led a review of the budget reserves, walking the group through each category of reserves and its purpose. Director Bigall distribpted a copy of her Powerpoint presentation, which described reserves and charted their history. There was a discussion of whether the Town's 25% minimum "rainy day" fund was adequate; there was no consensus for change but some sentiment expressed that perhaps it should be higher. The Powerpoint presentation included comparative minimum reserves in other Marin cities. Only Belvedere has a higher reserve at 50%. Some other Marin cities have 25%, some less, and some are under-funded despite a "minimum" policy being in place. The Government Finance Officers Association recommends a minimum of 15% reserve. It was noted that historically the Town was able to grow reserves with operating budget surpluses, sometimes by as much as $1,000,000 each year, but that this had not been the case since the 2008 economic downturn. Five Year Capital Planning Projections Public Works Director Nick Nguyen walked the group through the capital budget projected out over a five year period. It includes two previously budgeted large items, Ned's Way and the Lyford Parking Lot, and otherwise is dominated by infrastructure activities, with the goal of maintaining the Town's Pavement Condition Index above 70 and following through on the drainage master plan's recommendations. The Council discussed possible additional projects including round-abouts at Beach Road and Mar West, partial funding of a median improvement project, a community center (although the parameters of such a hypothetical project remained undefined), anticipating some capital needs for follow-through on downtown recommendations, a the need for eventual repair or replacement of the Corporation Yard. All Councilmembers except Fredericks (who has already done this) requested staff set up an opportunity for them to walk through the Corp Yard sometime soon. Vice Mayor O'Donnell thought a McKegney Green overhaul might be appropriate as the field, despite its beauty, is in poor condition for soccer playing. He also requested that undergrounding utilities along Blackie's Pasture be on the Town's longer-term capital improvement list. There appeared to be consensus for the Town to be a partial funder of the median improvement project (which would need to return to the Town Council with specifics), although some thought it not a high priority and that future maintenance costs needed to be taken into consideration. There was also general agreement that some Tiburon Boulevard capacity improvements from the Town's Circulation Element should be considered for inclusion on the five-year capital improvement list. Everyone agreed Mar West is the "gateway" to downtown; Councilmember Doyle identified it as an appropriate site for a welcome sign. This engendered a discussion on signage in general. Manager Curran noted there is funding for peninsula-wide way-finding signage in this year's budget, but it is awaiting the outcome of the Marketing and Communications Task Force's efforts to make sure it is consistent with that direction. Everyone seemed to feel it should be easier and clearer for cyclists to find their way from Hwy 101 to downtown Tiburon and to use and stay on the Multi-Use Path when in Town. Chief Mike Cronin and Director Nguyen agreed to pursue some short-term signs at Blackie's Pasture (onto the MUP), Greenwood Beach Road and near the Seminary exit off 101. Councilmember Fredericks cautioned that beautification projects are great but the Town should not lose sight of the important purpose of serving community needs, especially those of our growing senior population, including transportation needs, perhaps through a summit on the topic with interested parties. Mayor Fraser commented that a community center is a "dream", perhaps, but no one wants to remove it from the list of future possible projects. Councillnember Collins asked if affordable housing was being taken into consideration; the staff noted that it was not on the capital list due to its unique funding sources. All appeared to agree the Town should continue to seek affordable housing opportunities. Manager Curran pointed out that capital planning will come more sharply into focus in the upcoming months as Council will have determined whether it is proceeding with Ned's Way and the Lyford Parking Lot and may have identified specific downtown projects by that time. Council agreed it would like to have another capital budget session later in the calendar year, perhaps at a mini-retreat or as part of a regular Council meeting. Review of Pending Projects Manager Curran reviewed a list of upcoming projects (Exhibit C) that are above and beyond staff's daily duties with permits, public safety, parks and street maintenance and so forth. In addition to the capital projects (and objectives, like finding appropriate housing sites) mentioned above, Councilmember Fredericks asked that the creation of a community garden be on the Town's list; she suggested interested parties work with the Parks, Open Space and Trails Commission (POST) to determine if there are any appropriate sites available and, if so, how such a garden might function. There was also a brief discussion regarding newsrack standards; the consensus of the Council was for staff to proceed with the development of standards and bring the item to the Council once drafted. The group broke for a social lunch in the restaurant at 12:15 p.m., and reconvened at about 1:15 p.m. Website Overhaul Mayor Fraser introduced this item, explaining that delay in implementation was due to awaiting the outcome of the Marketing and Communications Task Force. He expressed his enthusiasm for the work IT Coordinator Chad Monterichard has done to bring a whole new look and feel to the website in a manner that would work for visitors and residents. Coordinator Monterichard took the group through a presentation of the website, noting how it is navigated and designed to drive Google traffic to the site. It was suggested that the profiles for Councilmembers include their board and committee assignments. Councilmember Fredericks asked that research on the muni code be made easier, and asked if staff reports could be accessible individually rather than lumped together as one PDF scanned file. It was asked whether it might be possible to click on an agenda item and directly link to the staff report. Everyone expressed enthusiasm for the potential of the new website both as a tool for residents and potential visitors. Caltrans Relinquishment Manager Curran and Director Nguyen walked the group through a possible scenario in which the Town would take ownership of the stretch of Tiburon Boulevard (Caltrans Right-of-Way) from Lyford Drive to Paradise Drive. They described that doing so would allow the Town to control all changes within the ROW and not have to seek Caltrans approval and encroachment permits for every modification small or large. The Lyford Parking Lot was offered as an example that has taken a great deal of staff time to negotiate. Ownership would mean the Town would gain land use control, but also incur costs of maintenance such as periodic paving, storm drain maintenance (which Caltrans does not currently do) and so forth. Staff noted the process can take about eighteen months as it is managed by Caltrans and requires legislation to aviend the Highway Code. Council asked that this item be brought back to the Town Council with a full analysis of all implications including ADA compliance, liability, flood consideration, and future costs as well as benefits ownership might confer. They also asked staff to determine the "point of no return" in the lengthy relinquishment process were the Town to commence it with a letter of intention to get the process started. Business License Tax Director Bigall went through a Powerpoint presentation on the Town's business license tax detailing receipts, comparative rates with other municipalities and so forth. Vice Mayor O'Donnell said his concern was solely about home-based businesses and whether it was reasonable for the Town to have what amounted to an "income tax" on them. Staff noted the tax exists for the purpose of raising general revenue, with those earning more paying more. Vice { r Mayor O'Donnell characterized the Town's tax as an "old school model" that does not adequately reflect the changing nature of business in our technological age. Councilmember Fredericks opined it is precisely because of the trend toward more home-based internet businesses that the Town should not compromise its ability to tax this business activity. Attorney Danforth pointed out the Town is able to reduce this tax, but would not be able to re-raise it in the future without a two-thirds vote of the electorate. Vice Mayor O'Donnell requested that the item return to Council for further consideration. With Councilmember Collins noting he did not necessarily agree with Vice Mayor O'Donnell but wanted him to have the opportunity to make his case, the straw poll resulted in 3-2 support (Fredericks and Fraser disagreeing) to bring the item back for further review. Downtown Vibrancy Report Mayor Fraser summarized the work of the Ad Hoc Downtown Committee (Vice Mayor Fraser and Councilmember Collins) to date, noting that a report was issued after extensive public outreach and its recommendations are being pursued. He described his and Councilmember Collins' enthusiasm and appreciation for the work of the Marketing and Communications Task Force, and that their work should be coming to a conclusion in the next few months. Councilmember Collins described how the M&C Task Force was trying to create a brand expression that captures how one feels when in Tiburon. It was noted the website will be the main tool for marketing outreach. Manager Curran said the preparation of a Circulation and Parking Study, another recommendation of last year's report, is underway and should be completed and its findings reported to the Town Council soon. Report on Regional Authorities Mayor Fraser asked if the Councilmembers wished to offer any updates. Vice Mayor O'Donnell said the Richardson's Bay Regional Agency (RBRA) was struggling with the issue of trying to establish a mooring field and also remove unoccupied "anchor outs", which damage sensitive eel grass and potentially pollute the bay. He said new Supervisor Sears was very engaged in these activities. Councilmember Collins updated the group on the activities of Marin Energy Authority (MEA) noting they now have 15,000 customers, and will soon add 85,000 more. All jVrisdictions in Marin are on board, and the power MEA is offering is now 50% renewable, which is higher than originally estimated. Councilmember Fredericks said the Transportation Authority of Marin (TAM) is willing to come to individual cities and town to explain its Sustainable Communities Strategy. She also noted the Golden Gate Bridge 75th anniversary celebration is coming up and that guided tours of the GG National Recreation Area will be provided. Mayor Fraser reported that the Marin Telecommunications Agency (MTA) had threatened Comcast with a lawsuit over franchise fees and that the parties were now in discussion. Council Comments In concluding the meeting, Council generously expressed its support for the staff and the level of service they provide to the community. Councilmember Fredericks complimented the front .4 of counter staff and said they do a great job; she was also complimentary of her colleagues Fraser and Collins in their downtown efforts. Vice Mayor O'Donnell said staff does a great job in dealing with the public, especially the planning staff, noting they "keep a cool head" even when conditions are trying. Councilmember Collins said Town Hall is all is a model of civility, a sentiment seconded by Councilmember Fredericks. Planning Manager Watrous thought it a great reflection on the Town that the Council was able to vote unanimously to support the major Alta Robles project in the end even though there were differences of opinion about many of the particulars. Mayor Fraser complimented staff on how it helps boards, commissions and the Council in coming around to clarity at the end of a long deliberation. Staff thanked the Council for its support and leadership. The Town Manager expressed gratitude for the Town Council creating the context for the organization to thrive, and particularly thanked them for the generosity with their time in serving on committees and always being available to staff. Adjournment The meeting adjourned at 4:00 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK . TowN OF TIBURON 64 14. , To COUNCIL - STAFF RETREAT F t Special Town Council Meeting The Lodge at Tiburon Chart Room ■ 1651. Tiburon Boulevard, Tiburon CA 94920 March 2, 2012, 9:00 a.m. to 4:00 p.m. (with lunch break) AGENDA A.ll times on agenda, and order of items on agenda, are approximate and subject to change. 8:30 Coffee and continental breakfast 9.00 CALL TO ORDER AND ROLL CALL 9:00 Oral Communications Mayor Fraser 9:05 Introduction, Review of Agenda and Time Allocations Mayor Fraser 9:15 Overview of Prior Year, Completed Projects Town Manager 9:30 Review of Reserves Admin. Services Dir. • Presentation of reserves in budget, reserve policy Town Manager 9:50 Short Break 10:00 Five-Year Capital Planning Exercise Town Council • Prioritization of capital items over a five-year horizon Staff 11:00 Review of Pending Projects and Goal and Priority Setting Town Manager • What does the Council wish to accomplish (or commence, if multi- Town Council year goal) over the next year? Staff 12:00 RECESS FOR LUNCH 1:00 Review of New Website Structure IT Coordinator 1:30 Caltrans "Relinquishment" of Tiburon Boulevard from Public Works Director Lyford Drive (or Mar West Street) to Paradise Drive Town Manager • Advantages and costs 2:00 Business License Taxes Admin: Services Dir. • Review of current tax structure, regional comparison Planning Manager 2:20 Update on Downtown Vibrancy Project Mayor Fraser • Brief overview of process to date Councilmember Collins 2:30 Reports on Regional Board Assignments Town Council 2:50 Short Break 3:00 How Are We Doing? Town Council • What is going well? • What could we be doing better? 3:30 Blackie's Pasture / McKegney Green (time permitting) Town Clerk • Do we need a use policy for events? Send to POST? Police Captain 3:40 Fire Sprinkler Policy (time permitting) Town Attorney • Does the Town wish to alter the requirements for remodels? Building Official 3:50 News Rack Ordinance (time permitting) Comm. Dev. Director • Does the Town wish to regulate news racks? 4:00 ADJOURt1! ~JC~i 1E Town of Tiburon Town-Council Retreat March 2, 2012 Projects completed since last retreat: • Smoking Ordinance adopted Pavement Condition Index (PCI) at 73 (met goal of 68) • Bid, awarded and launched Del Mar undergrounding • Pension side funds paid off • Housing Element Update adopted • Recreation Needs Assessment completed • Mill Valley Refuse Contract approved, new franchise fee on debris boxes • Blackie's Pasture restrooms installed • Final design and bidding of Ned's Way project (awaiting Council decision) • Final design of Lyford Parking Lot (awaiting Council decision to go out to bid) • Trestle Glen repaving completed • Extensive downtown vibrancy community workshops conducted • Downtown report with recommendations issued • Resolved Lowenberg case • Agreement with Housing Authority to protect RDA housing funds • Library Expansion - zoning and environmental work completed • Alta Robles - Precise Development Plan adopted • Trestle Glen Circle Precise Development Plan adopted • Building Code Appeals Board created • Climate Action Plan adopted • New signage at Blackie's Pasture and The Cove installed ~XA C Town of Tiburon Town-Council Retreat March 2, 2012 Special Projects for the Coming Year (through spring of 2013) (Ongoing and possible new projects) Downtown • Downtown Circulation and Parking Study recommendations and implementation • Downtown Marketing and Communications Task Force recommendations and implementation • Information Station fabrication and installation • Downtown Restroom improvements • Caltrans relinquishment process (pending Council direction) Capital Projects • Complete Town's portion of Del Mar undergrounding project • Build Ned's Way project (pending Council decision) • Bid and build Lyford Parking Lot (pending Council decision) • Tiburon Boulevard median improvements - create joint approach with Belvedere, peninsula foundations, median committee for funding; build if funding materializes (pending Council decision) • Replace Blackie's Pasture railings • Upgrade landscaping along Blackie's Pasture frontage • Design and complete ADA improvements to Town Hall • Design, fabricate and install peninsula way-finding signage ~r Policies, Plans, Ordinances, Other Angel Island fire protection contract (yes, we have a draft from Cal Fire!) Martha development (county expected to act in late 2013) • Newsrack ordinance (pending Council direction) Resolution of trail connection on Hacienda Construction and demolition ordinance Zoning ordinance amendments on multiple topics • Launch new website, develop web content (organization-wide goal) Sprinkler-related building code amendment (pending Council direction) 0 Labor negotiations TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser called the regular me ting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday' ,March 7, 2012, in own Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Works/Town Engineer Nguyen, Police Chief Cronin, Town Clerk Crane Iacopi INTERVIEWS FOR TOWN BOARDS, COMMISSIONS & COMMITTEES - (7:15 p.m.) Heritage & Arts Commission - Two vacancies • Suanne Bassett, 27 Barbaree Lane Application withdrawn prior to meeting. CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fraser said there was no closed session. ORAL COMMUNICATIONS Brian McLaren, McLaren Roofing Company, described several incidents on projects where he had a difference of opinion with the Town's Building Official, Fred Lustenberger. He said he had incurred damages as a result of direction given by the Building Official at one property, and had been fined for not having a building permit at another, even though he had attempted to pick up the permit at Town Hall. He provided a hand-out to the Council detailing the particular issues. McLaren asked the Council to address these issues and to reimburse him for damages and the fees for not having a permit. Mayor Fraser said that because the item was not on the agenda, the Council could not comment. However, he said the Town had recently formed a Building Code Appeals Board to address DRAFT cil Minutes #xx -2012 Match 7, 2012 Page I contested decisions of the Building Official. He also asked Mr. McLaren to work with the Director of Community Development to help resolve the matter. Local architect Miles Berger also spoke. He said that the Building Official had recently made changes to a 20-year old policy that resulted in a simpler and better way to do things [allow horizontal railings] which would save local residents money on their building projects. CONSENT CALENDAR 1. Fair Housing Month - Proclamation in support of April 2012 Fair Housing Month (Town - Clerk Crane Iacopi) 2. Local Hazard Mitigation Plan (LHMP) - Adopt resolution adopting ABAG's updated Taming Natural Disasters multi juri sdiction LHMP and the updated Town annex as the Town's Local Hazard Mitigation Plan (Associate Planner Tyler) 3. Public Pedestrian Easement at 1600 Mar West Street - Adopt resolutions abandoning and accepting realigned public pedestrian access easement over a portion of the Tiburon Peninsula Club property located at 1600 Mar West Street; AP Nos. 058-171-17 and 058- 171-76 (Director of Community Development Anderson) 4. Martha Company MOU - Approve extension of Memorandum of Understanding with Martha Company (Town Attorney Danforth) Town Manager Curran asked that Item No. 4 be put over to the next meeting to allow time for staff to answer some questions raised by a resident. She said the item was not urgent so delay would not affect it. MOTION: To adopt Consent Calendar Item Nos. 1 through 3, as written, and to continue Item No. 4 to the March 21 meeting. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous " ACTION ITEMS 1. Ned's Way Recreation Building - Consider award of contract for construction of recreation facility located at 600 Ned's Way (Director of Public Works/Town Engineer Nguyen) Mayor Fraser led the discussion by stating that the Joint Recreation Department was a prized asset of the town since 1975, now under the capable direction of Director Cathleen Andreucci. He said that the school district had run out of space and had asked the department to seek alternative locations for its after-school programs. He said the Town Council had formed a DRAFT Town Council Minutes #xa -2012 March 7, 2012 Page 2 subcommittee to undertake the search on behalf of Jt. Recreation which had resulted in a plan for a building at Ned's Way, within walking distance of Reed School. The Mayor noted that while the costs had increased dramatically on the project during the development process resulting in questions about proceeding with it, he said that the Council remained unchanged in its support of the Jt. Recreation Department. Mayor Fraser recommended that the Council hear the report on the project tonight but defer taking action on the Ned's Way project to a future meeting. Councilmember Doyle recused himself and left the room. He noted that he lived within 500 feet of the proposed project and therefore could not legally vote on it. Town Manager Curran gave the report. She said the Ned's Way project was originally conceived as a solution to the lack of classroom space for after-school programs at Reed School. She briefly summarized the history of the project and noted how the costs had continued to escalate as the extent of the engineering work to stabilize the building site had become clear. She said that the Council had directed staff to rework the project after the initial bid came in at $2.2 million, which would have brought the total close to $3 million once contingency and other add ional expenses were taken into consideration. Staff did so, and subsequent bids had come in lower but still above the amount appropriated by Council. She noted Council had approved an Agreement with the City of Belvedere for an annual capital contribution. Nevertheless, the cost of the project remained high, at $2.4 million. She said the Town had appropriated $1,550,000 but would need an additional $714,000 if it awarded the contract and moved forward with the project. Because of these costs, the Town Manager agreed with the Council sub-committee on the appropriateness of weighing the costs before moving forward. She said that while approving the project would give a boost to the Jt. Recreation Department in allowing it to expand and increase its activities, as well as continue to provide after-school programs within walking distance of Reed School, the drawbacks were also clear in that it was a very expensive investment. She said that the question was one really of whether the expense outweighed the problems it would solve. She said that staff, anticipating the difficulty of the decision, asked the bidder for a six-week extension; the contractor agreed. She also noted that in recent discussion with 4chool administrators they were now more open than they had been in the previous two years to possible alternative approaches to solving the problem. Finally, the Town Manager thanked architect Miles Berger for his pro bono work and elegant design of the project, as well as the hard work of Town Engineer Nick Nguyen, and the Jt. Recreation Staff and Board, and the Council subcommittee, Mayor Fraser and Vice Mayor O'Donnell. Councilmember Collins asked for the estimated cost of the project when the agreement had been reached with the City of Belvedere. Town Manager Curran noted that at that time, the cost of the project had been estimated at $950,000 and that Belvedere's [annual] share was $30,000. DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 3 Long-time Jt. Recreation Committee member Jerry Riessen spoke. He reviewed the success of the department, noting the amount and type of programming was extremely favorable given a community of this size and with such a small staff, compared to other recreation programs in Marin and throughout the State. Riessen said that all that was needed was a single classroom within walking distance of Reed School for programming between 12:30 and 6 p.m. He said that while the school's constraints were real (due to increased enrollment), which had led to department being "kicked out," he also noted that the after-school programs were part of the school's success. He said the loss of these programs would be a loss to kids and a wound to the overall programming. He said it would be difficult to hire staff unless these programs were continued due to the number of hours they entailed. As for costs associated with the project, Riessen said that the Town Manager could confirm that in communities such as Sausalito and Mill Valley, the local municipalities subsidized at least a third of the recreation program activities. Riessen concluded his comments by stating that the Ned's Way site would afford the department a great site to grow its programs and provide a service to the community as a whole. He said that he respected the Mayor's desire to continue the matter, but he asked that some closure be brought to the Ned's Way project soon. Mayor Fraser opened the item to public comment. Resident Margot Geitheim said she liked the programs offered by Jt. Recreation but did not like the Higgins' tennis program. She asked for programming more in line with the affordability of other Jt. Recreation offerings. Architect Berger asked and answered the question of how the cost of the project had gotten so high so fast. He said that the industry wisdom is that the "dirt" accounts for a third of the cost of a project. In this case, however, Berger said that it was considerably higher because the site consisted of a "pile of dirt" with no utilities that needed complete reengineerint. He said the cost of performing this work came to more than the price of constructing the building. He said that is why the Council was looking at other options and was trying to do the very best it could in managing the Town's resources. Mayor Fraser asked for a report from the Ned's Way Council subcommittee (the Mayor and Vice Mayor). Vice Mayor O'Donnell said that this was the most difficult issue he had worked on in two years on the Council. He said that he had been involved in every single aspect of the development of the Ned's Way project and search for a location for the after-school programs. However, he said that he concurred with the Mayor's recommendation to pause before proceeding. DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 4 The Vice Mayor described his concerns. First of all, he described the process of "chasing" escalating costs, which he felt were out of control. He explained how the committee had recommended hiring a professional cost estimator after the first bid came in over budget; he said that even utilizing this service, the second round of bids remained high. O'Donnell said his second concern was the lack of access to the proposed site. He said that a path between the school property and the Ned's Way site would have to cross the Chandler's Gate property and the property owners had rejected the Town's request for an easement over their property. He said he found this to be especially troubling given that the land had been dedicated by the Town for senior housing. In addition, he said the Town had offered to pay for additional landscaping and screening, to no avail. O'Donnell said that the Town had also looked at an easement over the AT&T property but was similarly rejected. He said this resulted in a longer, more difficult route that children would have to take to reach the site of their after-school programs. Thirdly, Vice Mayor O'Donnell said that in his opinion a Recreation/Community Center should be in a central location. He noted the steepness of the hill to access the Ned's Way site and said that very few seniors, and possibly others, could walk up that hill, and it would only be accessible by car for many users. Because of these concerns, O'Donnell said the subcommittee had decided to explore other options. He said they had met with the Reed School Superintendent to discuss the current overcrowding and other issues. He said that he was unable to say any more about the school's internal discussions at this point. Vice Mayor O'Donnell said that he supported the Jt. Recreation programs and he thanked Miles Berger for his time and effort on the project. He said that at $1 million, the project would have been a "no brainer," however, at $2.4 million he said it was not as easy to decide to move forward. He recommended taking a pause to look at other options, as well as to re-open the discussion of costs with the City of Belvedere, before making a final decision. Mayor Fraser added his comments. He said that he was also the Council lialsoA to the Jt. Recreation Committee. He said he had attended every committee meeting. Mayor Fraser said that Vice Mayor O'Donnell had accurately articulated the actions and thinking of the subcommittee with regard to the Ned's Way project. He said that it was the "right thing to do for the kids and the community" and while the obstacles were not insurmountable, he said it would be wise to do some more research at this juncture. He said the subcommittee had knocked on every door in exploring potential sites, and that he would be willing to do so again, if necessary. Mayor Fraser also noted that the City of Belvedere had been a partner in this process all along, but that it would be necessary to revisit the terms of the use agreement since the project had risen two and a half times in cost since the agreement was signed. The Mayor put the cost in context DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 5 by stating that it was the single most expensive project ever undertaken by the Town, other than the building of the Town Hall. He asked "our friends in Belvedere" to dig into their pockets and see if they could help with the project that was a benefit for the entire [Tiburon Peninsula] community. Councilmember Fredericks said this was the first "stab" at a new recreation center that had been taken by the Council during her 11-year tenure. She said that the after-school programs were a linchpin and that the entire program needed a home. She said that a recreation center was needed for kids as well as for adults. She put the costs in perspective, noting there were other capital projects being considered by the Council, such as parking improvements to Lyford Drive that would cost between $300,000 and $1,000,000. Fredericks said there were limitations to finding an appropriate site for a recreation building. She said there was a paucity of flat, town-owned land that might be used for this purpose. She said it was envisioned that there could be some return on investment with the revenue-generating programs and possibilities of this 4,800 square foot [Ned's Way] recreation center. She said that the Council could move forward with the project, as stated, and/or make a commitment to finance a center in another location, or obtain a long-term commitment from the school district. Overall, Fredericks said this was a chance to do something good for both kids and the community and if it turned out there was a cheaper way to go, she said she would support it. Councilmember Collins said that the fourth rule of real estate in addition to "location, location, location" was "location".. He said that he supported the Jt. Recreation programs but that this site was not the site for a bona fide community center. He said that another possibility might be to consider selling the site and using the proceeds to fund the construction of a community center elsewhere. He expressed concern, however, about being able to accomplish all this in six weeks. Councilmember Fredericks commented that she had followed the development of the Mill Valley Community Center that was built on flat land, without much parking. She said that in Tiburon, there might have to be satellite locations such as a cultural center at the Library,, after-school programs at Ned's Way, and the like because of the constraints on one location. She said that after 11 years on the Council, she had reservations about the viability of a singfe site for a community center. MOTION: To "pause" in order to explore other sites and options, and continue the item to the April 18 meeting. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Collins, Fraser, Fredericks, O'Donnell RECUSED: Doyle DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 6 PUBLIC HEARINGS Appeals of Sign Permit Approval at 1599 Tiburon Boulevard - Consider appeals of sign permit approval for the installation of signs for a Drug Store and Pharmacy at 1599 Tiburon Boulevard (Planning Manager Watrous) • Zelinsky Properties, LLC, Owner; Josh Eisenhut /Armstrong Development Properties, Inc., Applicants/Appellants • Appellants Against the CVS Beach Road Sign, Appellants • Assessor's Parcel Nos. 058-171-89 and a portion of 058-171-88 Planning Manager Watrous gave the report which detailed the history of the review by the Design Review Board and issues raised by both appellants. Marcia McGovern, representing the first appellant (CVS Appellants again a Beach Road Sign) said she was a taxpayer on the peninsula and paid taxes for the Tiburon Open Space and school district. Ms. McGovern gave a powerpoint presentation. In her presentation, Ms. McGovern said the CVS CUP hearing was directly related to the situation tonight. She said the trees that had screened the [CVS] building from view had been removed making the lighting of the building more be visible. She showed a slide that showed the interior of the store lit and visible at night. Ms. McGovern said that the unbroken expanse of the 18,000 square foot building dominated the views from Tiburon, Belvedere, and Corinthian Island. She said there was nothing "small-town like" or charming about it. She contended that the replacement trees would not ameliorate the problem. Ms. McGovern said that local residents were protective of the small-town character of where they lived. She said that CVS was in violation of the Town's General Plan, Zoning Ordinance, Tree Ordinance and Downtown Design Guidelines Handbook. She said this and the Ninth Circuit Court of Appeals ruling gave the Town Council the power to reject the sign application of CVS and overturn its appeal. Ms. McGovern said the petitions that had been signed against the site changes and signage represented the most opposition ever to an application. She said that 90 letters had been sent to the Design Review Board and Town Council regarding the "greening" issue and 281 letters had been sent regarding the sign (opposing the color and lighting) and against a sign at the corner of Beach Road. McGovern said that the 200 households in Lyford's Cove/Old Tiburon HOA had registered their opposition, and almost all of the [CVS] surrounding neighbors. She said these people cared passionately about their community and were depending on the Town Council to protect their interests. DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 7 Ms. McGovern also said that CVS was an inappropriate choice for the community. Ms. McGovern reviewed the grounds of the appeal and recommended that the Town Council overturn the DRB approval of the Beach Road sign; she further recommended that the Council deny the sign permit and request a revised application that would require white letters and a sign relocated to the main entry, consideration of a non-logo sign in its entirety, withdrawal of the previous lighting permit, or to deny the sign permit in its entirety. Raymond Kong, attorney representing the Appellants Against the CVS Beach Road Sign, said the intent of the Town's sign ordinance was to preserve, protect and enhance. He said that staff's analysis was that the ordinance stripped the Town [Council] of its ability to regulate signage in this instance but he disagreed with this analysis. Mr. Kong said the hearing was about character and size. He said that while he understood the Lanham Act for trademark protection, he contended that the Council still had leverage to change the color of the CVS sign or reduce the size of the sign. He further cited the Tempe case where the court said that a municipality did not have to allow a trademark [sign] at all. Councilmember Fredericks asked about the latter point. Town Attorney Danforth said that the problem with citing Tempe was that it did not apply unless the [Town's] sign ordinance gave a basis for denial. Mayor Fraser asked for a presentation from the second appellant. Bill McDermott, Armstrong Development, Sacramento, appealing on behalf of CVS Pharmacy, said the project was one that we could be proud of. He said that CVS had come to town and had worked with Town staff and had modified their application at the Town's behest; he said they had worked with the Design Review Board and further modified their application, and had finally submitted a revised sign package for approval. Mr. McDermott explained why CVS had appealed the DRB decision. He said the halo illumination was cleaner and more defined. He said that an example of this type of lighting in town was the Union Bank sign. He said the DRB had preferred gooseneck lighting instead, and CVS had accepted the recommendation. He also said the size of the sign was reduced and the drive-through sign was not illuminated. But he said that CVS had disagreed with the DRB choice of color and materials. Mr. McDermott said that the staff report was very thorough in detailing the history of signage at that location. He said there was also a history of red signs in town-Wells Fargo, Bank of American, Union Bank, and Vogue Cleaners. He said that red was the CVS choice as part of its identity and trademark. He said that while they did not strongly object to the DRB choice of wood materials, he said the appellant felt that other materials, such as certain metals and polymers, were more durable and could be made to look like wood. He said they would like to use a more durable material other than wood. DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 8 Mayor Fraser opened the hearing to public comment. 1. Bill Lukens, Las Lomas Lane, representing LCOTHOA, said that when presented with the issue, 13 of 16 boardmembers had voted against a Beach Road sign as distracting and not village-like in character; also said they supported a grey wood sign per the DRB; said that while the neighborhood was happy to have a pharmacy, its opinion (with over 400 households) represented a significant portion of the community; 2. Jeff Goddard, Belvedere resident, said he was pleased to hear of cooperation between the two communities [Jt. Recreation]; said he hoped that a bright red sign like Bell Market would never be considered again and that the proposed sign would be unbelievably harsh and unsightly to Belvedere Island; said he thought he could live with gooseneck lighting, however, asked that his "space" not be invaded with light from a great, big sign; 3. Scott Durkee, Belveron supported the applicant, said he thought red was okay, and that branding was important; he cited other signs that were well lit, such as Chase Bank, Wells Fargo, and Bank of America, included the lighted ATMs on Beach Road; 4. Gary Lucas, President of the Tiburon Peninsula Chamber of Commerce, said the Chamber was fully behind the CVS sign and color selection; 5. Jeannette Carr, came to the podium but was not allowed to comment; as one of the appellants, she was required to speak during the time allotted for the appellants; 6. Steve Bendinelli, Hawthorne Terrace, said the signage was preposterous and unnecessary; said he was astonished that the Town would allow a corporation to push their way into town in this manner; said it was a crazy decision to allow the trees to be cut and that if the screening had not been removed, the issue might be moot; 7. John Bryant, attorney, Main Street, said there had been confusion with the petitions but that residents did not want a large, garish sign; but also noted that lots of revisions had been made already and advised the Council not to risk litigation over this matter; 8. Claude Perasso, Peninsula Road, Belvedere, said that CVS had played by the rules, had negotiated and made concessions; said not to blame CVS if the law needed to be changed; said there was a lot of similar signage already in the community that was not out of line, asked that CVS be allowed to have the signage they were entitled to and "get the show on the road"; 9. Peter Brooks, 50-year resident, said he cared a lot about the town and wanted to preserve its charm and legacy; said the CVS site was an important location; said"it was not fair to equate this sign with the Bell Market sign; 10. Jim Bryant, Hilary Drive, said there were corporate rights as well as societal rights; said that CVS had the right to ask for its signage and bring a store into town so that we would not have to go all the way out to the highway and leave our carbon footprint to do so; 11. Barbara Meislin, 50-year resident, said that CVS should employ common sense as good business sense and listen to its customer-base and consider its sensibilities; said that residents would shop elsewhere if CVS was not responsive to the need to protect our small town; asked CVS to reconsider the color and boldness of its signage; 12. Carl Hobby, former resident of Westshore Road, raised in the community, said he liked small, tasteful signs; said that CVS should consider the location and community; that this was not a destination location, nor a freeway, and that people would be able to find the store without garish signs; DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 9 13. TJ Campbell Lucas, spoke in support of CVS, said that young people riding their bikes to town also needed [to read] a sign; said that the community needed a pharmacy with a drive-up window and that signage was needed so as to not go the wrong way; said that tourists also needed to know how to find a pharmacy and that it sat at the end of a long road; said the town needed a CVS and appropriate signage. Mayor Fraser opened the hearing to rebuttal by the appellants. Jeannette Carr, speaking on behalf of Appellants Against the CVS Beach Road Sign, said a white sign [sign with white letters] was better. She asked why a corporation would not want to agree with what the townspeople wanted; said it would not be to their detriment and that it did not make any sense to deny the people's desire for a white sign. Bill McDermott said that the square footage requested by CVS was less than allowed by the Town; said that both signs would have gooseneck lighting and that the lights would be turned off when the store closes (as requested by the Town). He said that CVS had been willing to make revisions at every turn and were looking forward to the opening of the store on April 8. As a further gesture to working with the community, Mr. McDermott said that CVS would voluntarily eliminate the Beach Road Sign and ask for only one 30.48 square foot sign and the 2.02 square foot drive-through sign. But he said that they continue to request a red sign made of a more durable material. Mayor Fraser closed the public hearing at 9:50 p.m. Councilmember Fredericks asked some questions about wood-like polymer and metal materials. The CVS representative said that either one would be acceptable. Councilmember Doyle asked to confirm his understanding that the sign would have raised metal letters but no internal lighting, and be indirectly illuminated. This statement was confirmed. Councilmember Collins said that he had just heard the CVS representative off& to withdraw its request for the Beach Road sign. He asked if that meant the first appeal was moot. Planning Manager Watrous said that the first appeal supported the DRB's decision and that the withdrawal of the Beach Road sign did not fully address their other concerns. Town Attorney Danforth said asked whether the CVS offer was conditional on the Council's approving a red sign made of durable material. Mayor Fraser said that the Council must focus on the first appeal and make findings to support or deny it. Councilmember Fredericks asked if this could be characterized as what the DRB approved, minus the Beach Road sign. Town Attorney Danforth said that if the Council granted the appeal, DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 10 it would overrule only the portion of the DRB decision that approved the Beach Road sign. Councilmember Collins asked the Town Attorney if the applicant had the right to have a sign on Beach Road. Town Attorney Danforth replied yes. Councilmember Collins said he could not support the first appeal because the applicant was entitled to its sign. Vice Mayor O'Donnell said that while he loved the idea of a white sign on a grey background, he said the Town would have to change its sign ordinance in order to change the color of signs. He noted that the applicant was doing exactly what was asked under the ordinance, and was following its trademark requirements for a red sign. With regard to the Ms. McGovern's reference to the tree removal on the site, Vice Mayor O'Donnell said that those comments were not fair and had nothing to do with the sign issue. He said that CVS had done a fantastic job and with regard to site work, they had widened the sidewalk and provided additional free street parking downtown. He said that the trees had been damaging the sidewalk and roadway. He also rebutted the nature of appellant's remarks about the building being exposed. He said this was obvious until the landscaping grew in. Overall, he said the aesthetics of the site were improved and that the applicant had been extremely accommodating to the Town's requests and had made many accommodations throughout the process. He said he would vote to deny the first appeal. Councilmember Fredericks said that 260 emails made it clear that residents were passionate about the town and preserving its village character. She also said that local property owners had made improvements to create a more welcoming Main Street and business environment. Fredericks agreed that Tiburon Boulevard could not be populated entirely with small stores, and she said the Town's sign ordinance did not give the Council any authority to approve or deny signage based on color. Fredericks said that she hoped in future, property owners would work with Town officials to ensure a better way to approve signs. She also said it would be wonderful if a corporation would acquiesce to some of the townspeople's concerns. But stie concluded that there was no legal authority to deny the CVS sign application, as presented, and she said she would vote to deny the first appeal. Councilmember Doyle called upon his experience as a design professional. He said that if the sign is not internally illuminated, there would be no light cast uphill. He said this was a big difference between internal illumination and indirect goose-neck lighting, as required by the DRB. He said that CVS was entitled to their red and white colors, and he thought that materials were not really an issue. He said the requested size was the same as or less than previous signs in that location. He said the lettering on the sign would not stick out and would be less impactful than feared. He said that CVS could have asked for the maximum but instead was now asking for a minimum in its willingness to drop the second sign (at Beach Road). DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page I1 Mayor Fraser said that his colleagues on the Council had covered all the points. He agreed that findings could not be made to grant the first appeal. MOTION: To direct staff to return to Council with a resolution denying the first appeal (Appellants Against the CVS Beach Road Sign). Moved: Collins, seconded by O'Donnell Vote: AYES: Unanimous Mayor Fraser moved on to discussion of the second appeal. Mayor Fraser said that in his opinion, Tiburon was indeed a destination environment, a special, one-of-a-kind community. He said that everyone cherished the beauty of living here and he thanked the founding members of the community for their vision and foresight in preserving it so that we could enjoy it today. He said that the process showed that everyone has a role in contributing and nurturing the community. He said that residents, merchants, visitors, and key landowners enable the town to blossom and flourish. Mayor Fraser especially thanked the Zelinsky family for its time and monetary contributions, and for its generosity in donating land to the Landmarks Society, the Town and the Library, as well as many other projects. He said that Zelinsky Properties had convinced CVS Pharmacy to come to town and that the town was fortunate to have a pharmacy once again. He applauded CVS for its efforts and said that the corner parcel had never looked better. He complimented CVS for its choice of colors for the building, for its soft look. He said that it was not easy to do go through the development process, that the Town had rules and regulations so that it would be better for future generations. He said that CVS had given up a lot of things they were entitled to and that even before the Council debated that merits of the appeal, CVS had placed an olive branch on the table. Councilmember Fredericks asked for clarification from staff on the options available to the Council in its review. Planning Manager Watrous said that a denial of the appeal would mean that tht Council agreed with the DRB; granting the appeal would mean approving the signs as approved by the DRB, but with red, aluminum signs; or partially granting appeal could mean modifying in some fashion what the DRB had approved. Councilmember Collins asked whether the Council had the legal authority to modify the color or materials. With regard to color, Town Attorney Danforth said no. She further noted that the only restriction on materials was that they be durable and of high quality. Councilmember Collins said that trademarks were important and that corporate policy was difficult to change. He commented that most tenants in shopping centers did not want anything, such as trees, blocking their signs. Collins noted that a lot of visitors came to town and might need to know where a CVS was located. DRAFT Town Council Minutes #x--v -2012 March 7, 2012 Page 12 Collins said he agreed with the Mayor's comments regarding the property owner's efforts, as well as the site work done by CVS. He said that he favored the red sign color and was bound to approve it. Collins said he was pleased that CVS had withdrawn their application for the Beach Road sign. Vice Mayor O'Donnell agreed with these remarks. He said that signs were for two purposes-to point the way and to advertise. He said the applicant had the right to advertise and he supported CVS' right to have a sign and to use any durable materials that they saw fit to use. Councilmember Fredericks said that in reality she preferred what the DRB had approved but that it was not within the Council's authority to ask for these changes to the sign. She agreed that CVS had made concessions to meet the Town halfway so she said she would leave it up to CVS to determine the materials and to use their trademark color. She said that relinquishing the Beach Road sign was a wonderful gift to the community. Councilmember Doyle asked a few more questions about the color of the sign background ("minced onion") and reiterated that it would not be a "glowing" sign, just red letters on a background. He said that while he might have asked for larger replacement trees if he were on the DRB, he said the trees that had been planted would grow, and that nothing was able to grow under the previous trees and terrible landscaping. He said the current landscaping would look much better and CVS would be able to have their trademark sign. Councilmember Fredericks said that in future she would like to revisit the portion of the Downtown Design Handbook that stated that deciduous trees were to be planted in the downtown area. Mayor Fraser agreed with his colleagues. He added that his personal preference was not a red sign but said that CVS was entitled to its sign and had demonstrated willingness to compromise in other areas. MOTION: To direct staff to return to Council with a resolution partially granting the second appeal (Armstrong Development), with modified conditions of Approval reflecting approval of sign Option V, with the elimination of the Beach Road sign, durable sign materials to be reviewed by staff, gooseneck lighting fixtures for the Tiburon Boulevard sign and no illumination for the drive-through sign. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 13 TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digests - February 17, 2012 • Town Council Weekly Digest - February 24, 2012 • Town Council Weekly Digest - March 2, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 10:32 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2012 March 7, 2012 Page 14 ` TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Department of Public Works Town Council Meeting March 21, 2012 Agenda Item: Subject: Recommendation To Accept The Trestle Glen Blvd and Paradise Dr. - 2011 Street Improvement Project And Authorize The Filing Of The Notice Of Completion For The Work Reviewed By: BACKGROUND On August 23, 2011, the Council authorized staff to advertise and seek bids for the construction of the project. The project was posted and advertised as required by the State of California's Public Contract Code. In addition to the required advertising notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids were opened on September 14, 2011. The contract was awarded to Team Ghilotti, Inc. on October 5, 2011 in the amount of $473,325, plus 10 percent for contingency. Work consisted of asphalt concrete grinding and resurfacing, localized base repair, vegetation removal, handrail repair, drainage culvert replacement, traffic striping, and other related work. The work was substantially completed on January 6, 2012, and included five change orders for unforeseen items in the total amount of $43,690.35. Based on the work performed, material installed, and total change orders, the final construction project cost is $517,015.35, delivering the construction project under the awarded budget. Sufficient funds have been programmed in the FY 2011-12 year to cover the project. The project ran into minor delays as a result of scope modifications. However, the quality of the installed work was maintained and complies with the overall specifications. RECOMMENDATION Staff recommends that the Town Council: Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council, and upon completion of the 35 day period, release the retention funds to the contractor pending release of any stop notices or Town claims. Exhibits: Resolution Accepting the Trestle Glen Blvd and Paradise Dr. - 2011 Street Improvement Project, And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer { ,J I ifs[ R O", When recorded mail to: Town of Tiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 SPACE ABOVE THIS LINE FOR RECORDER'S USE Town of Tiburon NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 6th day of January, 2012, and accepted the 21" day of March, 2012; that the name, address and nature of the title of the party giving this notice is as follows: The Town of Tiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town has an easement; that said work or improvement is described as follows: The Trestle Glen Blvd and Paradise Dr. - 2011 Street Improvement Project and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Team Ghilotti, Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on , 20 TOWN OF TIBURON By: A Municipal Corporation Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer 1/2 STATE OF CALIFORNIA COUNTY OF MARIN On this day of , 20 , before rne, DIANE CRANE IACOPI, Notary Public, personally appeared Nicholas T. Nguyen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature DIANE CRANE IACOPI 2/2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting March 21, 2012 Agenda Item: r Recommendation to Approve Extension of the Memorandum of Understanding with the Martha Company ANALYSIS OF THE AMENDMENT On November 12, 2009, the Town and the Martha Company entered into a Memorandum of Understanding to settle the Martha Company's lawsuit challenging the Town's resolution prezoning the Martha Company's property ("MOU"). The MOU established upon a process to develop a 32-unit project on the site. The MOU contemplated that the Martha Company and the County would enter into a development agreement that substantially conformed to Exhibit 1 to the Agreement; both parties agreed to support the 32-unit project under certain specified conditions. When negotiating the MOU, the parties expected that the Martha Company would submit the project application promptly and that the County's processing would meet an aggressive timeline. Accordingly, the MOU originally provided that it would terminate unless the Martha Company and the County had executed the development agreement for the lower density project on or before June 30, 2010. The application process fell behind almost immediately and in March of 2010, the parties agreed to extend the deadline to June 30, 2011. Since that extension, the project has met with further delays and the County did not release the project's draft environmental impact report until March of this year. Accordingly, the Martha Company has requested a second amendment to the MOU, extending the deadline to June 30, 2012. STAFF RECOMMENDATION Staff recommends that the Town Council approve the requested amendment to the November 12, 2009 MOU and authorize the Town Manager to sign the amendment on behalf of the Town. Exhibits: Draft Amendment Prepared By: Ann R. Danforth, Town Attorney TOWN OF TIBURON PAGE 1 OF 1 AMENDMENT #3 TO MEMORANDUM OF UNDERSTANDING The Memorandum of Understanding entered into the 12th day of November, 2009, by and between the Town of Tiburon and Martha Co., as amended on March 22, 2010, and June 9, 2011, is hereby amended as follows: • The termination date shown in Paragraph 10 is changed from June 30, 2012, to December 31, 2013. IN WITNESS WHEREOF, the parties hereto have executed this Amendment # 3 to the Memorandum of Understanding as of the date written below and have initialed the hand-written changes on the attached Exhibit A. Date: TOWN OF TIBURON By: Margaret A. Curran Town Manager Approved as to Form: BY: Ann Danforth, Town Attorney Date: MARTHA COMPANY, a Califorpia corporation By: Mark E. Reed Secretary Approved as to Form: Hanson Bridgett LLP By: Mary K. McEachron, Esq. 4121507.1 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting March 21, 2012 Agenda Item: / "-I- & Subject: 1599 Tiburon Boulevard; Adoption of Resolutions Regarding Appeals of Sign Permit Approval for the Installation of Signs for a Drug Store and Pharmacy; Zelinsky Properties, LLC, Owner; Josh Eisenhut /Armstrong. Development Properties, Inc., Applicants/Appellants; Appellants Against the CVS Beach Road Sign, Appellants; File #51110; Assessor's Parcel Nos. 058-171-89 and a portion of 058-171-88 Reviewed By:; BACKGROUND At its meeting of March 7, 2012, the Town Council held a hearing on this item and directed Staff to return with resolutions reflecting its direction on the two appeals. The Town Council largely affirmed the Design Review Board's approval of the sign permit, but modified several conditions of approval. A draft resolution denying the Appellants Against the CVS Beach Road Sign's appeal of the Design Review Board's decision is attached as Exhibit 1. A draft resolution partially upholding the applicants appeal of the Design Review Board's decision is attached as Exhibit 2. RECOMMENDATION Adopt the Resolutions. EXHIBITS 1. Draft Resolution denying Appellants Against the CVS Beach Road Sign appeal. 2. Draft Resolution partially upholding the applicant's appeal and modifying the conditions of approval. Prepared By: Daniel M. Watrous, Planning Manager S: I~dntinislralin~~,Toirn ('ntrnr~l .57u%/ Kehur~s'?Ol?' llurch 21 drgfis'~1599 Tiburon Blvd report.doc TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. (Draft)-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY APPELLANTS AGAINST THE CVS BEACH ROAD SIGN OF THE DESIGN REVIEW BOARD'S APPROVAL OF A SIGN PERMIT FOR THE INSTALLATION OF SIGNS FOR A DRUG STORE AND PHARMACY ON PROPERTY LOCATED AT 1599 TIBURON BOULEVARD (ASSESSOR PARCEL NO. 058-171-88) WHEREAS, on December 15, 2011 the Design Review Board held a public meeting on a sign permit application (File #51110) filed by Armstrong Development Properties, Inc. for the installation of signs for a drug store and pharmacy on property at 1599 Tiburon Boulevard; and WHEREAS, at that meeting, the Design Review Board indicated that the aluminum materials for the main store sign were inconsistent with the character of Downtown Tiburon and suggested that the applicant explore a wooden sign, and asked the applicant to consider replacing the indirect, red halo-lit illumination with a different indirect lighting system. The Board also encouraged the applicant to submit two different sign proposals, one which would require a Minor Exception and one that would not require an exception. The Design Review Board continued the application to the January 19, 2012 meeting; and WHEREAS, on January 19, 2012, the Design Review Board reviewed six (6) different options for revised signage for the drug store and pharmacy and conditionally approved Option V with the following modifications: • All signs shall utilize wood materials. • All signs shall utilize white letters on a rectangular, Equestrian Grey background. a • Indirect sign illumination shall utilize gooseneck lighting fixtures. • The sign facing Beach Road shall be reduced in size to 30.48 square feet. • The drive-through sign shall not be illuminated; and WHEREAS, the Design Review Board's decision was appealed in a timely manner by Appellants Against the CVS Beach Road Sign (collectively referred to as "appellants") on five stated grounds as follows: Ground #1: The Design Review Board was misinformed regarding its discretion in reviewing the proposed signage facing Beach Road. Ground #2: The sign facing Beach Road is inconsistent with the Downtown Tiburon Design Handbook, which prohibits repetitive signage. EXHIBIT NO. Town Council Resolution No. (Draft)-2012 03/21/2012 Page 1 of 3 Ground #3: The approval of the Beach Road sign was a violation of the Brown Act, as the public did not have an opportunity to object to the proposed sign. Ground #4: The submission of the revised Beach Road sign design at the January 19, 2012 Design Review Board meeting created confusion and did not give the public an opportunity to object to its design. Ground #5: The staff report presented at the January 19, 2012 Design Review Board meeting recommended denial of any Beach Road sign and was not replaced by a revised staff report at the meeting; and WHEREAS, the project application consists of File #51110, on file with the Town of Tiburon Community Development Department. The official record for this project application is hereby incorporated and made part of this resolution. The record includes, without limitation, the Staff Reports, minutes, application materials, and all comments and materials received at the public hearings, and WHEREAS, the Town Council held a public hearing on March 7, 2012, and considered the application on a de novo basis and, after receiving testimony and reviewing all evidence in the record, finds as follows with respect to the appellants' stated grounds for the appeal: 1. The applicant voluntarily withdrew the Beach Road-facing wall sign prior to the close of the public hearing on the appeal, thus rendering the Design Review Board's approval of the Beach Road sign moot. 2. The proposed signage is not repetitive in nature; with respect to sign permit applications, the Town does not require strict conformance to the Downtown Tiburon Design Handbook, but rather intends that document to be informative and suggestive. 3. The Design Review Board's process, deliberations and decision were consistent with the provisions of the Brown Act. 4. The submission of revised plans at the January 19, 2012 Design Review Board meeting did not impair either the public or the Board's ability to evaluate the different sign design proposals. 5. The lack of an updated staff report is not a basis for reversing the Design Review Board's decision; and 6. The appellants have not asserted any other basis for reversing the Design Review Board's decision; and EXHIBIT NO. Town Council Resolution No. (Draft)-2012 03/21/2012 Page 2 of 3 WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15311 of the CEQA Guidelines; and WHEREAS, the Town Council finds, based upon the application materials and analysis provided in the December 15, 2011 and January 19, 2012 Design Review Board Staff Reports, the March 7, 2012 Town Council Staff Report, and the entire record on appeal, that the project is, on balance, consistent with the goals and objectives of the Tiburon General Plan and complies with applicable sections of the Tiburon Sign Ordinance, specifically Section 16A.515 (a), and other applicable regulations. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby denies the appeal of Appellants Against the CVS Beach Road Sign of the Design Review Board's approval of the application (File #51110) for a sign permit for the installation of signs for a drug store and pharmacy on property at 1599 Tiburon Boulevard. PASSED AND ADOPTED at a regular meeting of the Town Council on March 215 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: Udministrationl Town CouncillResolutions120121CVS signs deny appeal resolution.doc EXHIBIT NO. Town Council Resolution No. (Draft)-2012 03/21/2012 Page 3 of 3 RESOLUTION NO. (Draft)-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY UPHOLDING AN APPEAL BY JOSH EISENHUT/ARMSTRONG DEVELOPMENT PROPERTIES, INC. OF THE DESIGN REVIEW BOARD'S APPROVAL OF A SIGN PERMIT FOR THE INSTALLATION OF SIGNS FOR A DRUG STORE AND PHARMACY ON PROPERTY LOCATED AT 1599 TIBURON BOULEVARD AND IMPOSING REVISED CONDITIONS OF APPROVAL (ASSESSOR PARCEL NO. 058-171-88) WHEREAS, on December 15, 2011 the Design Review Board held a public meeting on a sign permit application (File #51110) filed by Armstrong Development Properties, Inc. for the installation of signs for a drug store and pharmacy on property at 1599 Tiburon Boulevard; and WHEREAS, at that meeting, the Design Review Board indicated that the aluminum materials for the main store sign were inconsistent with the character of Downtown Tiburon and suggested that the applicant explore a wooden sign, and asked the applicant to consider replacing the indirect, red halo-lit illumination with a different indirect lighting system. The Board also encouraged the applicant to submit two different sign proposals, one which would require a Minor Exception and one that would not require an exception. The Design Review Board continued the application to the January 19, 2012 meeting; and WHEREAS, on January 19, 2012, the Design Review Board reviewed six (6) different options for revised signage for the drug store and pharmacy and conditionally approved Option V with the following modifications: • All signs shall utilize wood materials. • All signs shall utilize white letters on a rectangular, Equytrian Grey background. • Indirect sign illumination shall utilize gooseneck lighting fixtures. • The sign facing Beach Road shall be reduced in size to 30.48 square feet. • The drive-through sign shall not be illuminated; and WHEREAS, the Design Review Board's decision was appealed in a timely manner by Josh Eisenhut/Armstrong Development Properties, Inc. (collectively referred to as "applicant"); and WHEREAS, the project application consists of File #51110, on file with the Town of Tiburon Community Development Department. The official record for this project application is hereby incorporated and made part of this resolution. The record EXHIBIT NO.- 2 Town Council Resolution No. (Draft)-2012 03/21/2012 Page 1 of 4 includes, without limitation, the Staff Reports, minutes, application materials, and all comments and materials received at the public hearings, and WHEREAS, the Town Council held a public hearing on March 7, 2012, and after receiving testimony and reviewing all evidence in the record, considered the application on a de novo basis; and WHEREAS, prior to the close of the public hearing, the applicant agreed to delete the proposed sign facing Beach Road from the project; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15311 of the CEQA Guidelines; and WHEREAS, the Town Council finds, based upon the application materials and analysis provided in the December 15, 2011 and January 19, 2012 Design Review Board Staff Reports, the March 7, 2012 Town Council Staff Report, and the entire record on appeal, that the project as conditioned by the Design Review Board is, on balance, consistent with the goals and objectives of the Tiburon General Plan and complies with applicable sections of the Tiburon Sign Ordinance, specifically Sections 16A.515 (a), 16A.620, 16A.625 and 16A.720, and other applicable regulations; and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby partially upholds the appeal of Josh Eisenhut/Armstrong Development Properties, Inc. and imposes revised conditions of approval on the permit as set forth in Exhibit "A", attached hereto and incorporated into this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council on March 21, 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK EXHIBIT NO.--7.5- Town Council Resolution No. (Draft)-2012 03/21/2012 Page 2 of 4 EXHIBIT "A" Conditions of Approval Sign Permit 1599 Tiburon Boulevard File #51110 This permit approves signage for the business located at 1599 Tiburon Boulevard in the Town of Tiburon. The sign(s) shall be in conformance with the application approved on appeal by the Tiburon Town Council on March 21, 2012, as set forth in these conditions of approval. Any modifications to the application as approved must be reviewed and receive Tiburon Planning Division approval. 2. The Option V drawings (5 sheets) for the project, prepared by Coast Sign, Incorporated and dated as received on January 19, 2012, are approved with the following modifications: a. Two (2) signs are approved: 1) A 30.48 square foot sign mounted on pillars above the building entrance facing Tiburon Boulevard; and 2) A 2.02 square foot sign mounted below the canopy of the drive-through for the pharmacy. The proposed wall sign facing Beach Road was voluntarily withdrawn by the applicant at the appeal hearing and is not approved herein. b. All signs shall utilize clearly specified durable materials, as determined by the Director of Community Development. C. Indirect sign illumination shall utilize gooseneck lighting fixtures. d. The drive-through sign shall not be illuminated. Revised drawings incorporating these modifications shall be submitted and reviewed for substantial conformance by the Director of Community Development prior to issuance of a building permit for the signs. 3. Compliance with all applicable safety codes is required. 4. Prior to erection of the signage, sign owner shall obtain all required building, electrical, or related permits pursuant to the Town's adopted building and construction codes, as set forth in Chapter 13 of the Tiburon Municipal Code. Prior to erection of the signage, an encroachment permit (if required) shall be secured from the Town of Tiburon Public Works Department for all work to be conducted within Town right-of-way, or Town-owned land, as defined in Chapter 19 of the Tiburon Municipal Code. 6. The issuance of this sign permit shall not be valid if the approval constitutes a violation of the Tiburon Sign Ordinance (Chapter 16A of the EXHIBIT NO. Town Council Resolution No. (Draft)-2012 03/21/2012 Page 3 of 4 Tiburon Municipal Code). No permit presuming to give authority to violate or cancel the provisions of said chapter shall be valid. 7. The approved sign utilizes exposed light sources. This permit approval is conditional upon, and only becomes final when, within sixty (60) days of commencement of operation of the lighting and sign, the Director of Community Development finds that the light from the sign does not cause unreasonable glare or annoyance to persons of ordinary sensibility. The sign owner must immediately inform the Director in writing of the commencement of operation of the lighting and sign such that the Director's review may proceed expeditiously. Failure to so notify the Director shall toll the commencement of the sixty (60) day review period commensurate with the delay in written notification. The Director's finding with respect to unreasonable glare or annoyance may be made only after a duly noticed hearing at which evidence is taken and a written decision is issued. The Director of Community Development's inquiry shall not include consideration of the message content of the sign, and shall be restricted to the physical method of presentation (i.e. lighting) of the message. 8. The Town may make inspections as necessary to determine whether any sign is in compliance with this approval and other applicable regulations. Reasonable notice shall be provided when the inspection requires access to areas other than those available to the general public. 9. Dilapidated signs are prohibited. The sign owner shall maintain the sign and all supporting components in good repair and finish. Substantially deteriorated, badly weathered, rusty, or otherwise poorly maintained signs shall be subject to public nuisance abatement or other available remedies. 10. This sign permit shall be valid for 180 days following approval, and shall expire and become null and void unless the signs, as approved, afe erected prior to that date, unless an application for time extension, filed in writing with the Planning Division, is granted by the Director of Community Development. 11. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. 12. The illumination for all exterior signage shall be turned off at all times outside approved business hours of operation. S: Wininistration I Town CouncillResolutions/20121CVS signs partially uphold appeal resolution.doc EXHIBIT NO. Town Council Resolution No. (Draft)-2012 03/21/2012 Page 4 of 4 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 March 21, 2012 Agenda Item: z1 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 commission openings in December. On February 1, 2012, the Council interviewed the first candidate (Daniel Amir) and directed the Town Clerk to schedule interviews for the other interested applicants, as well, prior to making appointments. The Town Clerk scheduled the remaining interviews for March 7 and March 21, however, both remaining candidates withdrew their applications prior to those meetings. Both noted their continuing interest in the commission but said that the time commitment involved was incompatible with their current schedules. RECOMMENDATION Staff recommends that the Town Council: 1. Consider making an appointment tonight to fill one vacancy on the Heritage & Arts Commission; and 2. Direct staff to continue advertising to fill the second vacancy. Exhibit: Application of Daniel Amir Prepared By: Diane Crane Iacopi, Town Clerk December 19, 2011 DEC D E C E ~ V E 19 2011 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, 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 **************************************U******** AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) # PLANNING # PARKS & OPEN SPACE DESIGN REVIEW # RECREATION 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: Daniel Amir MAILING ADDRESS: LL Juno Road, Tiburon TELEPHONE: Home: bby-55b / 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. N 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: Appointed to: (Commission, Board or Committee) Date Term Expires: 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 2007-current Managing Director - Equity Research • Head of Semiconductor and Components Research Group. Covering areas of hardware and alternative energy stocks. • 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 #1 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 a 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 Israel 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: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting March 21, 2012 Agenda Item: Subject: Consider Acceptance of the Annual General Plan Implementation Status Report for Calendar Year 2011 Reviewed By: T~_ BACKGROUND & ANALYSIS Government Code Section 65400(b)(1) requires that an annual report be prepared by the planning agency of each town or city, which is then forwarded to the appropriate legislative body, on the status of the General Plan and progress in its implementation. In Tiburon, the "planning agency" is the Planning Commission. The statute also requires a progress report on meeting the community's regional fair share housing allocations. State law also requires that the annual report be forwarded to the State Department of Housing and Community Development (HCD) and to the Governor's Office of Planning & Research (OPR) in Sacramento by April 1 of each year. The Town Council accepted the 2010 General Plan Annual Report on March 2, 2011. Progress by the Town in the implementation of General Plan programs since that time is summarized in attached Exhibit 1, in the right-hand column. A substantial number of programs were implemented through adoption of the revised Zoning Ordinance in April 2010, as well as through adoption of the Open Space Resource Management Plan in November 2010. Tie Downtown Vibrancy Project, spearheaded by the Council's ad-hoc Downtown Committee of Mayor Fraser and Councilmember Collins, is considering implementation of a number of other general plan programs as part of its ongoing effort. Starting with this calendar year 2011 annual report, the State Department of Housing and Community Development (HCD) is requiring a new and different reporting format for the Housing Element program implementation. Pages 13 to the end of the report are therefore in a different format than the remainder of the report. Staff also notes that an updated Housing Element was adopted by the Town Council in February, 2012, so this will be the last review cycle using the programs from the former Housing Element. The Town did not "final" a single new housing unit during the course of 2011, a fact largely attributable to the ongoing economic recession, difficulty in securing private loans and financing, and the dwindling number of vacant lots in the Town. TOWN OF TIBURON PAGE 1 OF 2 The Planning Commission reviewed the General Plan Annual Status Report at its meeting on March 14, 2012 and recommended acceptance of the status report by the Town Council. RECOMMENDATION Staff recommends that the Town Council: 1. Review the draft Annual Report 2. Direct staff to make any desired revisions to the Annual Report 3. Direct staff to forward the Annual Report to the required State agencies. EXHIBIT 1. Draft Annual General Plan Implementation Status Report for Calendar Year 2011 Prepared By: Scott Anderson, Director of Community Development ITI TOWN OF TIBURON PAGE 2 OF 2 Annual General Plan Implementation Progress Report Tiburon 2020 Calendar Year 2011 Reviewed by Planning Commission March 14, 2012 Accepted by Town Council March 2012 Introduction On September 7, 2005, the Town Council adopted a new General Plan, Tiburon 2020. This annual report is the seventh performed since that adoption. This report generally reviews progress on implementing programs contained within Tiburon 2020 during the Calendar Year 2011, with certain housing data covering the period 2007-2011. The purposes of this annual report are to: 1. Provide information regarding how the General Plan is being implemented with respect to its adopted implementation programs. 2. Identify any approved or needed amendments to the General Plan. 3. Provide information as to specific actions taken and ongoing strategies and practices to implement the General Plan. 4. Provide information regarding the Town's progress in meeting its fair share of regional housing needs and efforts to remove governmental constraints. The Annual Report is organized by the eight elements in the General Plan, with a list of each implementing program and the status of that program, in the order that the element and implementing program appears in the General Plan. The eight elements of Tiburon 2020 are as follows: Land Use Safety Open Space & Conservation Noise Downtown Parks & Recreation Circulation Housing EXHIBIT NO. 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Number of Single Family 2 - 4 Units 5+ Units Second Unit Mobile Homes Total Infill units' O O O 0 O O 0 Note: This field is voluntary Attachment 1 page 3 of 5 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202) i -T Jurisdiction c w "A o i, 6 u roV_ Reporting Period Date V( Impvq. - Date I~~t t ~a o I Table B Regional Housing Needs Allocation Progress ve....tt~nd units Issued by Affordability Enter Calendar Year starting with the first year of C)01 " EJ t O 20 k 1 Total Units Total the RHNA allocation period. See Example. 00 I ' ` to Dale Remaining RHNA RHNA r Y Year year year Year Year Year Yeer (all years) by Income Level Inc... Level Allocation by Income Level Year 1 ea 2 3 4 5 6 7 6 9 Deed Restricted / 0 l-) O O O / J Low v S ! - O ery on- ee J W O O O restricted Q Q Deed Restricted ) ) 0 0 ( U Low Non-deed ( O O restricted Deed Restricted Q n l O O 'Moderate on-deed O O O 0 Above Moder restricted ate ~1 J i OL Jy ~ ^ 0 a O G C Total RHNA by I I t re um n Enter allocation / L Q Total Units 0. ► 11 n ~t 10 Note: units serving extremly low-income households are included in the very low-Income Permitted 'mils totals. *Unit numbers reflect the net number of newly-created dwelling unit (not demo/rebuilds) during a calendar year 14 TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Pro'-. # Objective Timeframe Status of Program Implementation H 1-A Commit Town Resources. Marshal and commit Town-controlled resources toward the design, approval, financing, and construction of affordable housing projects on those sites identified in Tiburon's Housing Plan 1999-2006 (Table 9.9-1). Ongoing Resources (in-lieu fees and Redevelopment housing set-aside funds) are in place and available for any such project. 111 - B Improve Community Awareness of Housing Needs, Issues, and Programs. Beginning in 2005 In 2007, Town Staff participated in public workshops and presentations sponsored by the Provide or collaborate with other agencies Workforce Housing Committee of the Tiburon (e.g., County of Marin, Marin County Peninsula Chamber of Commerce, aimed at public Housing Authority, Rotary, Chamber of outreach and education on affordable workforce Commerce, Ecumenical Association for housing issues. Staff also participated in a round Housing, Housing Council) to prepare table discussion by the Marin Consortium for presentations and distribute informational Workforce Housing. In addition, Town staff materials to improve awareness of housing participated in the Marin Housing Element needs, issues and programs, and ensure Workbook process, which included outreach to community participation. Distribute non-profit housing sponsors and low income materials to neighborhood groups, service providers. homeowner associations, religious institutions, businesses, and other interested groups (Rotary, Chamber of Commerce, Hl -C etc.) in the Tiburon area. Foster (Meaningful Assistance from Other Beginning in Staff worked in collaboration with other cities in Agencies. Town staff will proactively meet' 2005 Malin County to have special district fees reduced and work with other public agencies and or waived for secondary dwelling units; MMWD special districts (water, fire, schools, reduced connection fees for secondary dwelling sanitary districts, etc.) to romote affordable units b 50% for units documented as low-income TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 PI-0g. # Objective Timeframe Status ofProgr-am Implementation housing through the provision of fee units. As stated previously, Town staff participated waivers, fee reductions, or other assistance in the Malin Housing Element Workbook process for affordable housing projects. involvin all 12 jurisdictions in Marin County. H-2 Redevelopment Agency. In addition to None See discussion and Program H-IA (Commit expending Housing Set Aside Funds for specified 'T'own Resources). The Redevelopment Agency meritorious affordable housing projects; as stopped collecting tax increment monies in 2003. set forth in Appendix A, the Town will Due to recent economic conditions and budgeting place some or all of the new property tax the Town did not attempt to add constraints margin that will accrue to the Town once , the Redevelopment Project Area sunsets general fund revenue to the Redevelopment Agency into a designated fluid for affordable housing account. housing. H-3 Apply for Funds. Apply for affordable 2005 This action was not undertaken due to staff housing funds generated by Proposition 46 availability and workload and the lack of property including, but not limited to, the owner interest in pursuing affordable housing Multifamily Housing Program, the projects on the available sites. CalHome Program, and the Homebuyer's Downpaynment Assistance Program, and other agencies including the Marin Community Foundation by end of 2005. Commit these funds to one or more projects listed in Table 9.9-1: Tiburon's Housing Plan 1999-2006. I-1-4 Work with Housing Advocates. Ongoing See H-1B. Coordinate with local businesses, housing advocacy groups, Rotary Clubs, and the Chamber of Commerce and i5 TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog # Objective Timeframe Status of Program Implementation participate in the Marin Consortium for Workforce Housing in building public understanding and support for workforce, special needs and affordable housing. H-5 Fund County Housing Position. Jointly Ongoing This position was initially funded by the County of fund an Affordable Housing Strategist Marin, but has been eliminated due to budget cuts. position within Marin County to provide all participating local agencies with technical assistance to facilitate approval and construction of affordable housing projects. This may include adoption by the Countywide Planning Agency of a Strategic Action Plan for Housing in Marin that will be considered for adoption with each jurisdiction's Housing Element. The Strategic Action Plan should be coordinated by the Marin County Affordable Housing Strategist who would also assist participating cities and towns. H-6 Staff Training. Hold a training session for 2005 Session held for Planning Division with periodic Town employees regarding the receipt, repeat training due to personnel changes. documentation, and proper referral of housing discrimination complaints. H-7 Provision of Affordable Housing for Increase to Inclusionary Housing ordinance amended in May Special Needs Households. The Town 10% from 5% 2006 to require 10% of units to meet these special will facilitate programs and projects currently housing needs. TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog. # Objective Timeframe Status of Program Implementation which meet federal, state and local required requirements to provide accessibility for seniors, persons with disabilities, large families, and single-person and single parent households. Specific types of housing include: a. Smaller, affordable residential units, especially for lower income single-person and single parent households. b. Affordable senior housing to meet the burgeoning needs of an aging population, including assisted housing and board and care (licensed facilities). c. Affordable units with three or more bedrooms for large family households. d. Affordable housing that is built for, or can easily and inexpensively be adapted for, use by people with disabilities (specific standards are established in California Title 24 Accessibility Regulations for new and rehabilitation projects, augmented by Americans with Disabilities Act guidelines). H-8A Emergency Housing Assistance. Ongoing In 2009 and 2010, the Town of Tiburon donated Participate and allocate funds, as $8,850 to Homeward Bound of Marin. The money - appropriate, for County and non-profit is used to su ort The Next Key Center, a ob 16 TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 PI-og. # Objective Timeframe Status of Program Implementation programs providing emergency shelter and training program and new affordable housing related counseling services. development that will provide 32 homes for homeless adults and families in Hamilton Field, Novato. H- BB Modify Existing and Adopt New Zoning 2005 Zoning Ordinance update addressing these issues Provisions for Emergency Shelters, commenced in 2007 and was completed in 2010. Transitional and Disabled Housing, and The updated Zoning Ordinance (adopted April 16, Group Homes for More than 6 Persons. 2010) allows a year-round emergency shelter as a Define "emergency shelters" and permitted use in commercial zones, subject to "transitional housing facilities" in the specific standards consistent with State law (Policy Zoning Ordinance. Consistent with SB520 H-135); and, allows transitional and supportive and the Fair Housing Act, adopt an housing subject to the same standards as other Ordinance relating to requests for residential uses in the same zone. reasonable accommodation within the Town's land use regulations. Establish provisions for group homes with more than 6 persons within multi-family residential and commercial zones through a Conditional Use Pennit process. H-9 Develop and Adopt an Employee Housing 2005 In 2007, this fund was used to assist with the Assistance Policy and Program purchase of local housing for the Town Manager. The Town continues to make the seven units of BMR housing that it owns available to its employees. Currently, two employees rent such units; other tenants include a parks and recreation agency employee, a sanitary district employee, and a local school teacher. H-10A Rehabilitation Loan Programs. Continue 3 rehabs by No loans were issued pursuant to this program. TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 PI-0g. # Objective Timeframe Status ofProgr-anl Implementation to support rehabilitation loan subsidy 2006 programs. In cooperation with the Marin County Housing Authority (MCHA), the Town shall improve citizen awareness of rehabilitation loan subsidy programs. H- 1 0B Acquisition of Rental Housing. Work with Ongoing The Town has continued to purchase units at the non-profit sponsors seeking to acquire and Point Tiburon Marsh project which it rents and rehabilitate rental housing units in order to keeps as affordable in perpetuity. maintain ongoing affordability of the units. This will include, but not be limited to: (1) support necessary to obtain funding commitments from governmental programs and non-govenunental grants; (2) assistance in permit processing; (3) waiver or subsidy of fees; and (4) use of local funds if available. H-1 l Condominium Conversions. Preserve Ongoing No multi-family units allowed to be converted to rental housing by enforcement of Policy H- condominiums in at least the past 10 years. I I and the Towns condominium conversion ordinance. 14-l2 Protect "At Risk" Units. Identify assisted Ongoing Twelve (12) at-risk units were identified at Bradley properties at risk of conversion to market House in 2009; with subsidies scheduled to expire rates and work with the property owners on 12/22/10. The Town has been informed that the and/or other parties to ensure that they are Marin Housing Authority, the property owner, conserved as part of the county's affordable secured an extension of the affordability of these housing stock. No affordable housing units units in 2010 and they are no longer considered at- are currently at risk of conversion in risk. Tiburon. i_~ TABLE C• Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog # Objective Timeframe Status ofProgram Implementation H-13 Modify Zoning it' "Old Tiburon". Modify 2005 These provisions are contained in the Zoning the zoning standards that apply to two- Ordinance Update adopted by Town Council on family dwellings in "Old Tiburon' to limit March 17, 2010. conversion of existing two-family and multi-family dwellings into single-family units or buildings with fewer units than currently legally exist. Adopt provisions to enable two-family and multi-family dwellings to be rebuilt in the event of damage or destruction by tire, earthquake, or similar disaster. 1-I-14 Density Bonus Provisions for Ongoing This section was re-codified as 16-70.100(B) in Reconstruction. Continue application of 2010, and remains in effect. Zoning Ordinance section 6.06.00(c) that allows reconstruction to the same density. H-15 Rental Housing Assistance. Encourage Assist 12 low Twenty-five Tiburon residents received assistance federal, state and local rental housing and moderate from the Marin Renters Rebate program between programs. Work with the Malin County income units 1999-2006, with approximately 3 receiving Housing Authority to implement the Section by 2006 assistance each year. There are 19 households Project Independence rental assistance 8 receiving rental assistance (Section 8 vouchers and , programs, Marin Renters Rebate program, other program assistance) through the Marin and any similar programs. Housing Authority. I-I-16A Work with the Marin Housing Authority. Ongoing Staff continues to work with the Housing Authority Continue to work successfully with the on a variety of fronts. Malin Housing Authority (MHA) for management of the affordable housing stock in order to ensure permanent affordability, implement resale and rental regulations for TABLE C• Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog. # Objective Timeframe Status ofProgram Implementation below-market rate units, and assure that these units remain at an affordable price level. [-1-16B Link Code Enforcement with Public Information Programs. Implement Ongoing The Town has identified relatively few housing units in severely substandard condition, usually housing, building and fire code enforcement during the residential resale inspection process or in to ensure compliance with basic health and response to complaints. This program could be safety building standards and provide improved by handout materials during building information about rehabilitation loan inspection on declining or substandard units. programs for use by qualifying property owners who are cited. Contact owners of structures that appear to be in declining or substandard condition, offer inspection services, and advertise and promote programs that will assist in funding needed work. H-17 Publicize Energy Conservation and Ongoing Town Council adopted a policy waiving building Tenant Assistance Programs. Provide permit fees for solar energy systems that meet public infornlation on alternative energy simple Town guidelines. The Town approved 27 technologies for residential developers, solar energy system applications in 2007, 39 contractors and property owners. Publicize applications in 2008, 22 applications in 2009, 24 available services for tenants and refer applications in 2010, and 19 applications in 2011. tenants to Marin Mediation Services if problems exist. Publicize tenant assistance and energy conservation programs and weatherization services that are available to provide subsidized or at cost inspection and corrective action. 1 ~ TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog # Objective Timeframe Status of Program Implementation H-18 Modify Zoning. Modify Zoning Ordinance 2005 Ordinance No. 493 N.S., effective May 2006, Section 6.07.00 to require in-perpetuity included this provision. affordability of below-market rate units (rather than simply long-term affordability). 1-I-19A Facilitate Development at Key Housing 2004 Ordinance Nos. 491 N.S. (March 2006) and 493 Opportunity Sites. Initiate the necessary N.S. (May 2006) created the overlay zones and General Plan Amendments, rezonings, and development incentives necessary to implement other implementing actions to reduce this program and reduce government constraints on obvious governmental constraints to the the sites shown in Table 9.9-1. construction of affordable housing at sites identified in Tiburon's Housing Plan 1999- H-19B 2006 (Table 9.9-1). Mixed Use Development Incentives. In 2005 Ordinance Nos. 491 N.S. (March 2006) and 493 order to promote well-designed, N.S. (May 2006) created the overlay zones and affordable mixed-use residential/non- development incentives necessary to implement residential projects in commercial this program and reduce government constraints on zones, prepare and adopt a Zoning the sites shown in Table 9.9-1. Ordinance amendment that incorporates some or all of the following incentives to facilitate mixed use development in conumercially-zoned areas in the Downtown, on properties identified in Table 9.9-1: a. An increased maximum height limit or height limit bonuses so that second and third stories could be permitted on buildings with commercial use at ground level and housing above; TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog # Objective Timeframe Status of Program Implementation b. Flexible development standards (e.g., FAR, lot coverage) based on the location, type, and size of the units and the design of the development; c. An additive residential component of a mixed use development with a density range of 12.9 to 15.3 units per acre (a yield of 17.4 to 20.7 units per acre after the award of a density bonus), with FAR limits applying only to the commercial portion of the mixed use project; d. Flexible parking standards based on the development's location and the type and size of the housing units, such as efficiency apartments and senior housing Units. e. Shared parking for commercial and residential uses, resulting in a lower overall parking requirement. f. Subsidization of hook-up fees or other fees charged by special districts. Eliminate the requirement for the proposed residential component of a mixed use development to receive a conditional use permit. H-19C Develop an "Affordable Housing 2005 Ordinance Nos. 491 N.S. (March 2006) and 493 fa TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog. # Objective Timeframe Status of Program Implementation Overlay Zone" Zoning Designation. N.S. (May 2006) created the overlay zones and Create and adopt an affordable housing development incentives necessary to implement overlay zone that incorporates specific this program and reduce government constraints on sites on which residential densities will the sites shown in Table 9.9-1. be increased up to 100% if a specified level of affordability is achieved. This zone shall be applied to between three- quarters-to-one acre (depending on site factors such as access, slope, and proximity to urban infrastructure) of the sites listed in Table 9.9-1: Tiburon's Housing Plan 1999-2006 that are in residential areas: Reed School, Oloumi, and Pan Pacific Ocean. Specific considerations in developing the overlay zone include: a. To qualify for the benefits of the overlay zone, proposals should be required to include a minimum of 20 percent very low, 20 percent low and 20 percent moderate income housing units. Above moderate income market rate units should not exceed 40 percent of the total number of units with moderate income rental units counting as market rate units. b. Affordable ownership and rental TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 PI-0g. # Objective Timefi ame Status of Program Implementation units shall be deed-restricted for a period of not less than 55 years (in perpetuity if feasible) to ensure affordable resale and rents. c. Permit by-right multi-family residential development. d. Waive some or all local fees. e. Target a percentage of units for special needs populations. 1-19D Density Bonus Zoning and Other 2005 Ordinance No. 493 N.S. (May 2006) fulfilled this Incentives. In order to create incentives program. for projects with high percentages of very low and low income units, amend the Zoning Ordinance to include use of density bonuses, flexible development standards, fast-track review and other mechanisms, including the following: a. State Density Bonus Law. Offer a density bonus consistent with current State Law. b. Flexibility in Development Standards: Provide flexibility in applying development standards (e.g. parking, setback, height standards), subject to the type of housing, size and unit mix, JU TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog. # Objective Timeframe Status of Program Implementation location and overall design. Higher densities may be appropriate where units are significantly smaller and would have fewer impacts than the market norm. c. Facilitating Affordable Housing Development Review. Affordable housing developments shall receive the highest priority and efforts will be made by staff and decision- inakers to: (1) Provide technical assistance to potential affordable` housing developers in processing requirements, including community involvement; (2) consider project funding and timing needs in the processing and review of the application; and (3) provide the fastest turnaround time possible. H-19E Unincorporated Sites in Housing Element Prezone in Both sites were pre-zoned with affordable housing Area. Facilitate development at sites 2005; annex overlay zones in 2006. Armexation not initiated by identified in the Tiburon's Housing Plan in 2006 Town following negative feedback from Marin 1999-2006 (Table 9.9-1) that are within the LAFCO. Tiburon Housing Element Area but are currently subject to the jurisdiction of Marin TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog. # Objective Timeframe Status ofPi-op-am Implementation County. Initiate prezoning and annexation proceedings for these sites with Mann LAFCO. [ I9F Architectural Design in 2005 Ordinance No. 493 14.S. (May 2006) fulfilled this Affordable/Market Rate Projects. Allow program. affordable units within a market rate development to vary in design from market rate units so long as the project is architecturally harmonious. Attached units, smaller units and other design variations from market rate units are permitted by the Town to reduce costs of providing affordable units and to act as an incentive for their construction. H-20A Amend Secondary Dwelling Unit Done Completed in 2003. Ordinance. Prepare and adopt amendments to the Secondary Dwelling Unit Ordinance that eliminate the requirement for a Use Permit and establish a ministerial process for review and approval of secondary dwelling unit applications. H-20B Provide Information to Homeowners. Brochure in Homeowner information available from Town; 6 Provide an informational guide to 2005;10 secondary dwelling units approved. homeowners explaining the benefits, "best second units practices" and procedures for adding or from 1999- legalizing a secondary dwelling unit. 2006 H-22 Strengthen Existing Inclusionary 2005 Ordinance No. 493 N.S. (May 2006) fulfilled this Housing Regulations. Amend current program. ,a I TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog # Objective Timeframe Status of Program Implementation Zoning Ordinance requirements to include smaller residential projects and increase the percentage of affordable units required in each project. Guidelines for amending the Zoning Ordinance include: a. Apply an in-lieu fee for residential projects involving 2 to 6 units (currently applies only to projects of 2-9 units) b. All residential projects of 7 to 12 units to provide new units at a rate of 15 percent affordable (currently 10% for projects of 10 units or more). c. All residential projects of 12 or more units to provide new units at a rate of at least 20 percent affordable (currently 10% for projects of 10 units or more). At least 10% of units designed for special needs households, 5% of which must be for liandica ed users (current ratio is 5%). H-23 Jobs/Housing Fee. Adopt a 2005 Ordinance not adopted. Jobs/Housing Linkage Fee Ordinance that includes the following or similar exaction requirements: a. Exaction requirements for TABLE C: Program Implementation Status Town of Tiburon Annual Element Progress Report: Housing Element Implementation (CCR Title 25 Section 6202) Reporting Period January 1, 2011 through December 31, 2011 Prog. # Objective Timeframe Status ofPr-ogram Implementation dwelling units and/or in-lieu fees should be set according to empirically based evidence and must comply with all other legal tests. b. The inclusion of affordable housing units within development's of hotels, offices, or other commercial buildings if feasible (options may include housing on- site, off-site, subsidizing mortgages or rents, or paying an in-lieu fee for housing production), or c. Payment into a Housing Trust Fund of in-lieu fees based on a dollar amount per square foot of office, commercial, and industrial building development. d. In-lieu fees would be waived in projects containing significant affordable housing components. GENERAL COMMENTS: On February 1, 2012, the Town Council adopted a comprehensive update of the Tiburon Housing Element. N TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Administrative Services Town Council Meeting March 21, 2012 Agenda Item: _ Consideration of Current Fee Schedule for Home-based Business License Fees (9-1 Since 1966, the Town of Tiburon has charged all businesses located within the Town a business license tax based on gross receipts. At the March 2, 2012, Town Council/Staff retreat, Staff made a brief presentation on the Town's current business license tax fee schedule for home-based businesses. It included comparisons of fees charged by other Marin local agencies along with a few select agencies within the greater Bay Area. A discussion ensued as to whether the Town should be charging home-based businesses a business license tax in the same manner as "brick and mortar" businesses, or if the current fee schedule should be revised. It was suggested that the Town's current methodology for charging home-based business license taxes might be outdated and not adequately reflect the changing nature of business in our technological age. It was also posited that the very shifting nature of business to less traditional forms and locations makes it important to have a tax structure that captures all business activity, and that not doing so could create incentives for people to work around the system and lose increasing amounts of revenue over time. # Staff was directed to place a continued discussion of the matter on a regular Town Council meeting agenda for further consideration. ANALYSIS The purpose of a business license tax is to generate revenues for Town services. The amount of the tax is not dependent upon the impacts that a business's operations may have on the Town and its facilities, and is not intended to recover the costs of such impacts. Instead, a business license fee is a tax based solely on revenues generated by the business. The tax applies equally to gross receipts earned regardless of business location (brick and mortar or home-based). Thus, an attorney with an office downtown would pay the same rate as an attorney working out of a home office if their gross receipts were equivalent. TOWN OF TIBURON PAGE 1 OF 3 The current fee schedule is as follows: Annual Gross Receipts $0-$55000 $5,001 - $2500 Over $25,001 Fee Paid $ 15.00 $ 25.00 .0012 of Gross Receipts In calendar year 2011, the Town had 147 registered home-based businesses that paid a business license tax, for a total revenue stream of $20,641.60. Attached as Exhibit 1 is a listing of home- based businesses and the license fee paid. The business names have been redacted for privacy purposes. The average home-based business license tax paid in 2011 was $140.41; the median fee was $25. Of the 147 licensees, 45 paid the minimum $15 tax and 32 paid the next level of $25. The remaining 70 businesses paid a business license tax of .0012 of gross receipts. Attached as Exhibit 2 is a table, which was presented at the March 2, 2012 Council-Staff Retreat, that compares three hypothetical businesses grossing $100,000, $1,000,000 and $10,000,000 per year and the business license fee each would pay with comparative agencies. Again, the tax charged would be the same whether the business was located in the commercial areas of Town or in a residence. Looking at comparative Main agencies, Corte Madera, Fairfax and Sausalito have a different taxing methodology for home-based businesses compared to brick and mortar. Larkspur, Mill Valley, Novato, Ross, San Anselmo, and San Rafael charge the same for a home-based or commercial business. It is important to note that under state law, the Town has the power to reduce taxes at any time, but may not increase them without an affirmative vote of the electorate. In other words, eliminating or capping this tax for certainly categories of business would effect vely be a permanent reduction in the Town's future tax base. FINANCIAL IMPACT Any fiscal impact to the Town depends on what action, if any, the Town takes to change the business license tax structure for home-based businesses. If the Town were to eliminate business license taxes on businesses conducted out of the home, the revenue loss to the Town would be approximately $21,000 per year. Using the 2011 demographics, if the Town were to cap the maximum business license tax for a home-based business at $100/year, the revenue loss would be approximately $13,400. At $500/year the loss would be $6,200; and at $1,000/year, $3,500. Future revenue loss can be expected to be higher based on the growing number of businesses that are being run out of the home. Because of the difficulty of reinstating any tax once reduced or eliminated, any change should be seen as a permanent reduction in the Town's future tax base. RECOMMENDATION Staff recommends that the Town Council take no action in this matter, thereby retaining the current methodology for calculating business license taxes for home-based businesses. Exhibits: 1. List of license fees paid in 2011 by home-based businesses (redacted) 2. Comparison of Marin agencies fees for business license tax Prepared By: Heidi Bigall, Director of Administrative Services L'ate 0.2./16/"012 Time 10:06 am 10:06:17AM Account Account Name Location Code: 0 241 356 1078 1377 income By Location Code for 2011 From The Postdates Of 1/112011 To 12131/2011 0 0 0 - 0 2/16/2012 Charge Amount $4,369.52 $2,110.79 $154.20 $125.00 Total Accounts: 4 Total Gross Receipts $6,759.51 Location Code: COVE 281 COVE $1,467.17 1123 _ COVE $1,157.00 240 COVE $962.08 343 COVE $614.00 1213 COVE $613.83 1158 COVE $583.45 422 COVE $470.00 1114 COVE $390.40 1182 COVE $111.89 1195 COVE $25.00 1364 COVE $25.00 Total Accounts: 11 Total Gross Receipts $65419.82 Location Code: HOP 360 HOP (-?:>C sej $3,596.02 143 HOP $1,483.65 1300 HOP $1,405.78 1010 HOP $1,012.43 741 HOP $933.00 83 HOP $701.18 1095 HOP $546.00 1125 HOP $483.60 696 HOP $444.00 849 HOP $430.67 1233 HOP $417.57 995 HOP $385.00 1179 HOP $374.40 1171 HOP $330.74 1156 HOP $305.86 1366 HOP $304.71 758 HOP $290.36 1306 HOP $288.00 977 HOP $229.34 1228 HOP $229.20 893 HOP $228.24 1184 HOP $218.65 879 HOP $202.80 351 HOP $198.63 883 HOP $192.28 \\TOWN1\psi\QuickServe Suite\LT\Custom Reports\Top Grossing.rpt Modified-04/21/2C date o'211 Fi/1_U11 Time in•nF mm 1337 676 61 878 857 1107 968 765 1355 702 46 880 ` 1035 354 922 856 1222 611 1208 701 1274 .645 897 903 1299 772 867 1257 860 1173 1267 563 44 1093 126 373 29 51 1121 513 1365 75 77 103 HOP $189.07 HOP $184.84 HOP $176.40 HOP $170.11 HOP $166.50 HOP $165.00 HOP $138.00 HOP $125.32 HOP $125.00 HOP $120.00 HOP $115.00 HOP $112.14 HOP $109.77 HOP $109.72 HOP $108.00 HOP $105.69 HOP $102.00 HOP $97.28 HOP $95.10 HOP $95.02 HOP $90.86 HOP $90.00 HOP $74.07 HOP $70.19 HOP $68.40 HOP $61.70 HOP $61.54 HOP $60.00 HOP $57.60 HOP $56.72 HOP $54.00 HOP $52.80 HOP $50.52 HOP $48.00 HOP $47.11 HOP $46.00 HOP $44.63 HOP $39.91 HOP $38.32 HOP $38.00 HOP $37.21 HOP $36.00 HOP $36.00 HOP $32.55 HOP $32.40 HOP $25.00 HOP $25.00 HOP $25.00 ~U \\TOWN 1 \psi\QuickServe Suite\LT\Custom Reports\Top Grossing.rpt Modified-04/21/2011 U,gie U:2/1 b[/ '_U12 Time 10:06 am 248 251 278 329 427 441 510 549 576 579 604 727 807 839 842 o/ d+ 899 900 957 960 1060 I Z-=.3 l lain 9 28 63 95 iw 211 212 230 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $25.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 HOP $15.00 739 HOP $15.00 752 HOP $15.00 804 HOP $15.00 824 HOP $15.00 854 HOP $15.00 863 HOP $15.00 889 HOP $15.00 \\TOWN 1 \psi\QuickServe Suite\LT\Custom Reports\Top Grossing.rpt Modified-04/21/2011 Date 02/16/2012 Time 10:06 am 895 HOP $15.00 906 HOP $15.00 948 948 HOP $15.00 9 97 HOP $15.00 1019 HOP $15.00 1046 HOP , $15.00 1061 HOP $15.00 1124 HOP $15.00 1151 HOP ~ $15.00 - 1170 HOP $15.00 1218 HOP $15.00 1247 HOP ~ $15.00 1254 = HOP $15.00 1260 HOP $15.00 1268 HOP $15.00 1298 HOP $15.00 1323 HOP ' $15.00 1324 HOP $15.00 1327 HOP $15.00 1336 HOP $15.00 1346 HOP $15.00 1349 HOP $15.00 1352 HOP $15.00 1363 HOP $15.00 1370 HOP $15.00 1376 HOP $15.00 Total Accounts: 147 Total Gross Receipts r~ I ! $209641.60 Location Code: MAIN p 1236 MAIN $6,707.59 377 MAIN $6,287.44 381 MAIN $2,764.61 1119 MAIN $2,185.58 623 MAIN $1,385.49 151 51 MAIN $1,002.98 1 10 MAIN $967.88 41 8 MAIN $884.00 1073 MAIN $880.00 542 MAIN $803.00 636 MAIN $758.71 394 MAIN $739.25 204 MAIN $526.80 1223 MAIN $486.00 729 MAIN $482.92 1129 MAIN $433.21 1265 MAIN $425.94 925 MAIN $419.98 152 MAIN $408.74 374 MAIN $365.00 \\TOWN 1 \psi\QuickServe Suite\LT\Custom Reports\Top Grossing.rpt Modified-04/21/2011 DUte 02/16/2012 Time 10:06 am 40 128 1278 1187 385 1037 7A 131 508 1289 420 1311 1373 1157 1150 813 215 969 236 1357 826 933 1340 1353 1358 101 462 1372 Total Accounts: 49 Location Code: OTHERCOMM 333 13 203 489 1112 190 216 ol .1 QQ 425 419 1235 327 409 1083 537 284 OTHERCOMM OTHERCOMM OTHERCOMM OTHERCOMM OTHERCOMM OTHERCOMM \\TOWN 1 \psi\QuickServe Suite\LT\Custom Reports\Top Grossing.rpt MAIN $317.07 MAIN $230.69 MAIN $219.70 MAIN $213.00 MAIN $203.55 MAIN $197.00 MAIN $180.00 MAIN $180.00 MAIN $176.64 MAIN $153.36 MAIN $150.76 MAIN $138.43 MAIN $136.75 MAIN $130.00 MAIN $129.00 MAIN $96.00 MAIN $93.00 MAIN $89.58 MAIN $78.00 MAIN $54.31 MAIN $39.60 MAIN $25.00 MAIN $25.00 MAIN $25.00 MAIN $25.00 MAIN $25.00 MAIN $15.00 MAIN $15.00 MAIN $15.00 Total Gross Receipts OTHERCOMM $32,291.56 $11,674.80 OTHERCOMM $5,031.68 OTHERCOMM $5,012.00 OTHERCOMM $2,178.10 OTHERCOMM $1,440.00 OTHERCOMM $1,431.00 OTHERCOMM $1,396.56 OTHERCOMM $1,269.15 OTHERCOMM $1,257.00 OTHERCOMM $1,147.91 nru=Qr'r)UU $1 040 01 $1,018.62 $924.00 $849.98 $673.52 $609.00 $594.00 Modified-04/21/2011 Date 02/16/.2012 Time 10:06 am ,b 935 61y 166U 332 5 416 1207 411 97 33 782 is 1005 269 655 1 776 156 1 346 461 403 1292 31S 285 1295 1200 512 656 109 1022 1252 242 320 547 e5 154 193 505 774 1315 1367 1101 1204 1303 1369 1615 OTHERCOMM $589.00 OTHERCOMM $588.58 OTHERCOMM $489.41 OTHERCOMM $402.00 OTHERCOMM $360.00 OTHERCOMM $282.24 OTHERCOMM $278.40 OTHERCOMM $274.35 OTHERCOMM $268.08 OTHERCOMM $256.00 OTHERCOMM $239.00 OTHERCOMM $228.51 OTHERCOMM $188.50 OTHERCOMM $186.24 OTHERCOMM $181.94 OTHERCOMM $180.00 OTHERCOMM $120.72 OTHERCOMM $111.47 OTHERCOMM $103.71 OTHERCOMM $103.00 OTHERCOMM $100.00 OTHERCOMM $96.98 OTHERCOMM $92.19 OTHERCOMM $83.00 OTHERCOMM $81.60 OTHERCOMM $77.64 OTHERCOMM $72.00 OTHERCOMM $67.00 OTHERCOMM $56.85 OTHERCOMM $50.35 OTHERCOMM $42.00 OTHERCOMM $31.13 OTHERCOMM N $27.46 OTHERCOMM $25.00 OTHERCOMM $25.00 OTHERCOMM $25.00 OTHERCOMM $25.00 OTHERCOMM $25.00 OTHERCOMM $25.00 OTHERCOMM $25.00 OTHERCOMM $15.00 OTHERCOMM $15.00 OTHERCOMM $15.00 OTHERCOMM $15.00 OTHERCOMM $15.00 Total Accounts: 62 Total Gross Receipts $44,106.68 Number of Accounts Grand Total: $110,219.17 Modified - 01/24/2012 \\TOW N1 \psi\QuickServe Suite\LT\Custom Reports\Top Grossing.rpt Modified-04/21/2011 CD CL r+ < CL rn iU c v o BY DO c C7 CD (DT. 3 D CD O - O (n U' X - o 0 0 ° o o ° O N O O Cf1 N O O m m O cn N 0 0 O o m O O O m w O cn a 0 ° o ( v r ° m - x D N m 3 ° v - CD "0 c ~ n CD 0 a m CD (n ° c D CD ° 0 . °O O CD m y CD O N O d7 O O O Cn ~ W ~ O O U1 O N O O O W 07 O) O CD O O N O O O -P O Cn W CD Q 0 * Cr = 0 v c o v :3 v ° v 1 C: v 0 ~ v : cn CD ° o n CD C n a rn CD ° 0 0 o ° O 0 ° O N O N O O m Cn w w NJ 11%j O O M .;h. 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