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HomeMy WebLinkAboutTC Agd Pkt 2014-01-15TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council January 15, 2014 Regular Meeting - 7:30 p.m. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember O'Donnell, Councilmember Tollini, Vice Mayor Doyle, Mayor Fredericks CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your conunents to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of November 20, 2013 meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes -Adopt minutes of December 4, 2013 meeting (Town Clerk Crane Iacopi) 3. Vacancies on Town Boards and Commissions - Announce pending vacancies on Town Boards and Commissions in 2014 (Town Clerk Crane Iacopi) 4. Annual Development Fees Report - Adopt annual report on the status of the Town's Development Impact Fees pursuant to the California Government Code (Director of Community Development Anderson) 5. 26 Apollo Road - Resolution regarding the appeal by Nikita and Suzanna Bell of a site plan and architectural review denial for the construction of a new single - family dwelling located at 26 Apollo Road; Assessor's Parcel No. 034 - 271 -13 (Community Development Department) 6. Town Signature Authority - Adopt resolution authorizing check signing authority to reflect changes in the composition of the Town Council (Director of Administrative Services Bigall) 7. Town Investment Summary - Accept report for December 2013 (Director of Administrative Services Bigall) 8. Security Cameras - Accept annual report for security cameras located on Tiburon Boulevard and Paradise Drive (Chief of Police Cronin) ACTION ITEMS 1. Flower Basket Endowment - Consideration of an agreement with Ms. Paula Little to accept donation for funding of flower baskets in the downtown area (Town Manager Curran) 2. Town Council Committee Appointments - Update Council Committee Appointments list to reflect revisions or new committee assignments in 2014 (Mayor Fredericks /Town Clerk Crane Iacopi) PUBLIC HEARING 1. 1704 Tiburon Boulevard- Appeal of the Planning Commission's denial of a conditional use permit application to establish a real estate business office in the VC Zone (Community Development Department) Owner: K2 Properties Applicant: Decker Bullock Realty, Inc. Appellants: K2 Properties and Decker Bullock Realty, Inc. AP No. 059 - 102 -17 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digests - December 6 & December 19, 2013 • Town Council Weekly Digest - January 10, 2014 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability- related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL MINUTES CALL TO ORDER CC--/ Mayor O'Do =20,�201333, ng of the Tiburon Town Council to order at 7:30 p.m. on Wednes ay, own Council Chambers, 1505 Tiburon B oulevard, Tiburon, Ca ' r ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Fraser, Fredericks, O'Donnell, Slavitz Doyle Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works /Town Engineer Nguyen, Assistant Planner O'Malley, Planning Manager Watrous, Police Chief Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 7:15 p.m., to discuss the following: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL — ANTICIPATED LITIGATION Decision whether to initiate litigation pursuant to subdivision (c) of Section 54956.9 CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor O'Donnell said that the Council had given direction to staff on the matter discussed in closed session. ORAL COMMUNICATIONS None. INTRODUCTION OF NEW TOWN EMPLOYEE Public Works Maintenance Worker Pete Velles DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page I Director Nguyen introduced Mr. Velles, the latest employee hired by the Department of Public Works to replace the employees who had retired in 2013. Mr. Nguyen noted Mr. Velles' prior experience with CalTrans, the County of Sonoma, and North Bay Conservation Corps. Mr. Velles thanked the Council for the opportunity to come to work for the Town, noting how beautiful the Town was and how welcoming the community had been. Mayor O'Donnell also welcomed Mr. Velles to the Town on behalf of the Council. PRESENTATON • Marin Emergency Radio Authority — Update on future system improvements (Dave Jeffries, MERA Special Projects Manager) Mr. Jeffries gave a brief history of the MERA project and thanked the Town for its past support. In a powerpoint presentation, he gave an overview of the proposed upgrades and improvements and how such improvements would be funded (most likely through a bond measure in 2014). Councilmember Fraser said it seemed peculiar to him that there were still areas in the County where the system did not work so well, especially in light of all the advances in technology. Vice Mayor Fredericks asked Mr. Jeffries if he knew where, if any, new antenna sites might be located in Tiburon. Mr. Jeffries said that until the RFP for the upgraded system was distributed and vendor responses received, he would not know. He said that only the vendors knew the capability of their systems which would determine how the system [on the peninsula] was configured. The Council thanked Mr. Jeffries for his report. CONSENT CALENDAR 1. Town Council Minutes — Adopt minutes of November 6, 2013 regular meeting (Town Clerk Crane Iacopi) 2. Uniform Construction Codes Updates — Adopt ordinance amending Title IV, Chapter 13 of the Town Code to adopt by reference and with modifications the latest State - authorized Construction Codes (Community Development Department) 3. Measure A (County -wide Sales Tax Measure for Parks and Open Space) Funding Agreement — a) Adopt resolution approving and authorizing the Town Manager to sign an agreement with the County of Marin for the collection and disbursement of Measure A funds; b) Approve budget amendment (Town Attorney Danforth) DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 2 4. Commendation — Adopt resolution recognizing former Mayor Denis Rice for his contributions to the Tiburon community on the occasion of his moving across the country (Office of the Town Clerk) 5. Transient Occupancy Tax Allocation — Adopt resolution regarding allocation of Transient Occupancy Tax revenues for purposes of marketing Tiburon (Town Manager Curran) Councilmember Fraser asked to remove Item No. 3 for discussion. MOTION: To adopt Consent Calendar Item No. 12, 4 and 5, as written. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Doyle Council discussion: 3. Measure A (County -wide Sales Tax Measure for Parks and Open Space) Funding Agreement — a) Adopt resolution approving and authorizing the Town Manager to sign an agreement with the County of Marin for the collection and disbursement of Measure A funds; b) Approve budget amendment (Town Attorney Danforth) Councilmember Fraser asked whether the work plan in the proposed agreement might be reviewed by the Council, possibly at the retreat, prior to adoption. Town Attorney Danforth said the work plan was due by December 15 to the County of Marin. She said that while the first payment of $26,000 had been earmarked for vegetation management on Town Open Space [in the agreement], she said the second work plan was due in June of 2014; which would include the full year's allocation of $52,000. She said the Council would likely want to discuss the particular uses of this funding at its retreat. Town Manager Curran concurred; she said that Town staff had added a general statement to the agreement that would allow the funding to be used for vegetation management in open space, parks, and the like. She said the Measure A funding would be would be a great benefit to the Town over the next nine years. MOTION: To adopt Consent Calendar Item No. 3, as written. Moved: Fraser, seconded by Slavitz Vote: AYES: Unanimous ABSENT: Doyle Prior to the public hearing, Mayor O'Donnell presented the resolution (Consent Calendar Item No. 4) commending former Mayor Denis Rice upon the eve of his departure from the Town. DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 3 Mr. Rice thanked the Mayor and the Council. He told the audience a little bit about how he carne to be in public service, and how he was proud and gratified about what had happened in the Town since the early days of its formation. He said that early on, it had become clear that the community wanted to preserve the environmental quality of the Town, and it still does. He also said that he was impressed that residents had not lost their ability to communicate to the Council. He said the future was bright and that the challenge was to continue to find ways to preserve the community's values, and to maintain a community in which people continue to care about each other. Several members of the public spoke and shared their stories and affection for Rice and wished he and his wife well in their future endeavors - -Bill Lukens, George Landau, and Vice Mayor Alice Fredericks. PUBLIC HEARING 1. 26 Apollo Road — Appeal of Design Review Board decision to deny a request for Site Plan and Architectural Review to construct a new single - family dwelling located at 26 Apollo Road (Planning Manager Watrous) Owners /Appellants: Suzanna and Nikita Bell Assessor Parcel No.: 034 - 271 -13 Assistant Planner O'Malley gave the report and reviewed the grounds of the appeal and staff's responses. These are more fully delineated in the written staff report. In concluding her remarks, O'Malley noted that previous Town Councils have taken the position that proposed two -story projects in predominantly single -story neighborhoods shall be reviewed on a "case -by- case" basis. She said that in this case, staff would encourage the Town Council to detennine whether the magnitude of the impacts stated in the staff report is sufficient to deny this appeal, or if there are additional project changes that would adequately address these impacts. She also noted that Boardmember Kricensky was present for any Council questions regarding the Design Review Board's deliberations. In addition, she said that any direction the Town Council could provide to staff in addressing future second story additions within the Belveron East neighborhood would be helpful. Vice Mayor Fredericks asked for clarification of the request for direction, noting that the guiding principles were contained in Zoning Ordinance Section 16- 52.020. Planning Manager Watrous said that during its deliberations, the Design Review Board pondered whether direction should be given about approvals of second stories in the "interior" of Belveron East. He said that some boardmembers thought that further guidance on this issue would be helpful and that the Council might wish to weigh in on that subject. DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 4 Councilmember Slavitz noted that only four second story homes had been approved in the interior since 1955; he asked how many homes had second stories in the exterior (perimeter) of Belveron East. [Staff had not calculated this number.] Slavitz commented that that four second stories since 1955 denoted a remarkably slow rate of change. He also asked how many actual applications there had been for second story additions. Planning Manager Watrous said that while staff did not have this number, he noted that none had been denied except for an application at 22 Mercury Avenue which was remanded to the DRB (and was subsequently withdrawn). Mayor O'Donnell asked for the distance between the rear of the Bell home and the Thor home (in the application). Councilmember Slavitz also asked what the required setback would be. Ms. O'Malley responded to the questions. Vice Mayor Fredericks asked for the height of the highest part of the proposed partial second stony in the Bell application. Ms. O'Malley said it was 22 feet. Fredericks asked what the increase to the first floor footprint would be. Ms. O'Malley answered that the current home was 894 square feet; she said the footprint for the first floor portion of the proposed home in the Bell's application was 2,121 square feet Mayor O'Donnell sununarized the procedures for appeal hearings and opened the hearing to the appellants. Mr. Bell thanked the Council for its consideration. He said this was the third time his family had presented an application for review. Mr. Bell addressed the issue of neighborhood character. He said that the neighborhood was in transition, and that there were a variety of second story additions that had been constructed that now fit well within the neighborhood. He showed slides of the two, two -story homes that you see when entering Belveron East. He also showed slides of a second -story addition at 29 Juno Road that the Thor family had supported (and that looked into the Bell's backyard area). Mr. Bell said that many of their neighbors supported their application for a second story. He said that they had attempted to address the privacy concerns of the Thor family by reducing and minimizing the number of windows in their application, and offering to plant trees to screen the addition. Mr. Bell also addressed the issue of view loss which he said was not as dramatic as feared by the Thors; he said that they had reduced the height of their project twice to address the issue. Mr. Bell reviewed the other concessions made by his family since the application was first presented to the Board. He said they had followed the guidance of the Town's planning staff and had come up with what amounted to a single -stony addition with a finished attic. He also noted that the home had been moved forward by six feet toward the street (and away from the Thor property). DRAFT Town Council Minutes #18 -2013 Novensber 20, 2013 Page 5 He showed how the roof design had been changed — the corners cut off — and how the original design was 27 feet high and that the ceilings were now lowered from 10 feet on the first floor to nine feet; and on the second story from 9 feet to eight feet ceiling heights. Mr. Bell stated that their home would be 100 feet away from the Thor home. He showed how the second story proposal created lots of yard space and he said that planting trees would not only screen their home from the Thors but would help block out unsightly telephone lines in the view, while still preserving their view of the [Ring Mountain] open space gdgelines. Mr. James Rizzo, the Bell's architect said that they had reduced the elevation volume by 20 %. Mr. Bell concluded his presentation by showing how they had addressed all the issues — privacy, views and neighborhood character. He said that he and his family wanted to be part of the neighborhood and hoped that the neighborhood would embrace their tasteful approach to change. He asked what else he and his family could do; he said they had started their application process because they thought they had a choice of design — one -story or two. He said that some of the single story homes in Belveron were 17 feet high and said that their two -story application was at 22 feet high. He asked the Council not to make a blanket prohibition on second stories in Belveron and to overturn the denial of their application. Vice Mayor Fredericks asked about the yard space at 27 Juno Road. Staff said that the Thor's lot was a bit wider than the Bell's, but that the Bell's lot was a bit larger. Councilmember Fraser noted that the Town Code allowed a height of 30 feet above grade. He asked about the elevations of the other two -story homes in Belveron. Mr. Watrous said that most were in the range of what the Bells were proposing, or 22 feet. Fraser asked the applicant /appellant whether he had known about the history of two -story homes in Belveron when he started the application process. Mr. Bell said that they had known about the 22 Mercury Avenue application denial but that he and his family and gone through the process and had complied with al the guidelines set forth by the Town and had thought it would be approved. He said they later discovered through further discussions with staff that what was actually acceptable in that neighborhood was "partial" second -story additions which they then revised their application to mimic. Mr. Bell said they had no idea that they would encounter such adversity in the application process. Mayor O'Donnell asked Design Review Boardmember John Kricensky if he had any comments on the appeal. Mr. Kricensky said that the DRB minutes explained the pros and cons of the application review. He said that he was actually "on the fence" when it came to voting to deny this application. He said that in the application's favor were the facts that the neighborhood was in transition and that this design was one of the better designs he had reviewed. Kricensky said that the design seemed to fit in well in the neighborhood. He said that between the first and second hearing, the Bells' architect had taken off the oversized dormer and gables and had changed the roof design, to DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 6 lessen the visual impacts. But on the "con" side, Kricensky said that the neighborhood character argument seemed to be compelling. He said the fact was the area was predominantly single family, one -story homes, and if that was its character, the zoning ordinance says that second stories should be discouraged. He said that he was conflicted about the application because of this. He said he tried to envision two stories throughout the whole neighborhood and realized that this phenomenon would indeed change its character. He said that is what tipped his vote to the majority [to deny the application]. But Kricensky did note the many variances that were granted to allow expansion for one -story homes. He agreed that it might be helpful for the Council to also envision this area as a whole and think about how it might develop over time. Councihnember Slavitz noted that the Board's vote appeared to be a conscious decision to be consistent and allow only one -story homes to be developed in the interior section of Belveron East. Mayor O'Donnell opened the hearing to the public. 1. Matt Richter — kitty -korner fiom the Bells, said the Town should not limit the neighborhood to one -story homes because it will devalue the area over time; said it's difficult to reach the FAR maximums with one story and provided the example of his own home being within six feet of his neighbor which is not ideal; said the Bell's proposal is nice and perhaps Town should consider placing guidelines on much square footage second stories could have to assist applicants, in future. 2. Brooke Halsey — grew up in Town, mentored by the Ellmans [local environmentalists]; said people have gone to great lengths to preserve the Town as noted in Denis Rice's speech; said there are only four, two -story homes on the interior and that the property values continue to rise anyway; said the Thors wanted to preserve the view of Ring Mountain Open Space; asked the Council to respect the decision of the DRB. 3. Bar Haney — real estate professional; disputed the neighbors' claims that their view of Ring Mountain was being blocked and said it would be clearly visible after the Bells built their second story; noted the Town Code allows a building height of up to 30 feet in that zone; asked how the "character" of this neighborhood was actually being defined and said that larger homes with weird designs that exceeded the FARs but were one -story seemed like a less desirable solution; said that second stories were more desirable real estate and allowed for more outdoor enjoyment. 4. Marion Hill concurred, adding that Tiburon had a reputation for a difficult design approval process; said that denying the appeal would set a bad precedent; said the vote on the project was 3 -2 which denoted that it was not a clear decision; said that two -story homes had improved the look of the neighborhood and that owners needed to have this choice; added that Govermnent had no right to discourage them. 5. Dana Thor, neighbor to the rear of the Bell's home, said the application for 26 Apollo Road had been denied by the DRB twice; said the current plan constituted a huge, looming two -story structure which would destroy their privacy and quality of life; said the Bell's home would look into every room in her home and take away the view; said it DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 7 would destroy the living environment and be a detriment to the neighborhood, if approved. 6. Ann Ciranni said she and her husband had chosen Belveron because it was still a neighborhood of families but was also a neighborhood in transition; said that before they bought their home, they had done due diligence and had reviewed all the decisions of the Design Review Board and the Zoning Ordinance of the Town which had given them a sense of possibility, should they decide to "grow" with the neighborhood; said they supported the Bell's application. 7. Scott Durkee said he, too, supported the Bell's application and an unlimited future for the neighborhood's design; said he would be concerned if second stories were banned; said that in looking at Ms. Thor's photo - simulation, it was clear that Ring Mountain was still visible and that only a tree or telephone lines were blocked; said that he did not favor the alternate to a two -story design because it allowed for [and required] a lot of variances; said he would encourage the Council to stick to the rules and less to interpretation. 8. Diane Larson, Mercury Avenue resident for over 25 years, said this was really a Belveron East issue because two stories were more connnon in Belveron West; said that the last second -story home was built in 2005; said that the DRB had asked the Bells to come back with a one -story design; said that the neighbors have a right to maintain their lifestyle and that second stories should only be approved as an exception. 9. Candace Washing said they were happy with a one -story home but wanted to have a choice; asked the Council not to take away their property values by limiting second stories; said the Bells should be able to build their beautiful home 10. David Ehsan and previous owner of 13 Mercury Avenue, said every single home is different in Belveron East; said their view would be impacted but they didn't care because they wanted to progress and preserve the equity of their home and the neighborhood. 11. Marti Andrews said she supported improvement of property but that property values would actually diminish if your neighbors could look into your living space. 12. Linda Hevern said that "likeability" was not an issue; said that Belveron East was more than a neighborhood, it was a community; asked the Council to uphold the DRB decision. 13. Vince Pannepacker said they bought in 1992 and remodeled in 2001 as a one -story; said he values privacy and supports the Thors. 14. Melissa Hobbs also spoke against second stories due to the differing elevations of the area and how that might impact neighbors. 15. Tammy Baykpor said she supported the Bells and noted that prior to her neighbor's remodel project, they never had a privacy issue but how they needed a six -foot fence to screen the neighbor's home; said they wanted to have options to remodel. 16. Cathy Soper said there is no privacy in the area, really; said if [one -story] houses are built, there will be no backyards which will force kids to play in the streets, creating a safety hazard; said she loved the fact that some in the neighborhood were trying to progress. 17. Kathy Vasicek said she, too, supported the Bell project and its beautiful design would enhance the neighborhood; said that they could easily plant trees to screen their home from the Thors; said they had tried to appease the Thors; said that families pay a premium to live in the neighborhood and that it was time the bungalows were updated; said that the second -story homes around her did not affect her privacy at all; asked the Council to DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 8 allow two stores and preserve the green space [of yards]. IS. Sheila Peterson, across from the Thors, said it was complicated; said she lived in a small but adequate home and was concerned about large, looming second stories; said that we all must work together and respect each other's privacy, especially in such close proximity of this neighborhood; said she hoped for consistency in the Council's decision. 19. Michael Ciranni read a letter submitted by resident Karen Carrera which noted there were 23 two -story homes in Belveron East, and eight of those were in the "center" section; said the Bells had the support of their surrounding neighbors and asked the Council to uphold their appeal. Mayor O'Donnell closed the public hearing at 10:30 p.m. and turned the floor over to the appellants for a rebuttal. Mr. Bell remarked again that this was a neighborhood in transition; he asked that people embrace this change. He said he heard the fear expressed by some of the speakers but hoped that this would not influence the Council's decision. Mr. Bell said it was not his intention to offend the neighborhood; indeed, he said it was his worst case scenario. He reiterated that he though he realized that second - stories were still precedent - setting in the neighborhood, he understood that he had the right to build a second story as long as it was reasonable and within the Town's guidelines. He said his family deserved this home. He added that he was still open to compromise, noting that they had reached out to the Thors who seemed to have closed the door on their conversations. Mayor O'Donnell closed the appeal hearing and opened the item for Council deliberation. Vice Mayor Fredericks asked about the different numbers of two -story homes being cited by the speakers. Plamiing Manager Watrous said that it was unusual to hear all the numerical discrepancies but said that staff had not gone out to the neighborhood to snake an independent count. Assistant Planner O'Malley thought the confusion also might be that some people were counting second stories in both Belveron East and Belveron West. Vice Mayor Fredericks asked staff about the differences between the two areas; whether two - stories in Belveron West were developed under different guidelines, or whether there was a sense that there was less impact in one area over another. Planning Manager Watrous said there had been less controversy in Belveron West over this issue but could not say why; only that that development had been more gradual in Belveron East, and had gone smoothly until the 22 Mercury Avenue [Dibble] application. Councilmember Slavitz said that the issue really boiled down to neighborhood character. He cited his years of service on the DRB; he said the history of approval of second stories in Belveron East was on the perimeter but not the interior. He said the proposed second story next to the Thor home would stick out like a sore thumb, regardless of any other reasons cited, such as privacy or view loss; he said it was about neighborhood character. DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 9 Councilmember Slavitz said that Belveron looks as good as it does because of these restrictions (limiting two- stores to the perimeter); he said that the small lots with a bunch of two -story homes would not look right. Slavitz agreed that there needed to be more discussion between the Town Council and Design Review Board and the community on these issues; but he wondered whether it would actually be possible to be more specific than the current guidelines. But he also cautioned against an overturn of the DRB decision, stating that the Council would never be able to say "no" again to a second story, if this were allowed. Vice Mayor Fredericks described her thought process on the appeal. She said the plans for the Bell home were well designed and that it was a charming house; however, she said she thought that neighborhood character was more than style; she said it was the character of the homes themselves. She said the challenge was how to maintain a pace of change without eroding this character and that numbers alone are not the entire story. The Vice Mayor reiterated that the Zoning Ordinance allows review of applications on a case -by- case basis. She said that the review process allows for minimizing conflicting needs and has a harmonizing effect. Fredericks said that the DRB rejected this application because of its impacts on 27 Juno Road; its direct view into the Thor's backyard, etc. She said that even though the lots are small in Belveron, a one -story home would still allow a play area for the Bell family, especially since theirs was one of the larger lots in the area. The Vice Mayor said she would recommend waiver of the re- submittal fees if the Bells came back with a one -story design. She said she also favored further discussion of the second -story issue in a workshop setting. Councilmember Fraser agreed that this was a polarizing issue and discussion. He said that the Town's guidelines and principles are part of what keeps the Town special. He said these guidelines encourage folks to knock on their neighbors' doors and find out what they think of their plans. He said that staff should encourage this, as well. He said the Design Review Board does a great job, as well as a tough job; he said the Board got it right in this instance. Fraser acknowledged the concessions made by the Bells; he said they had lowered their ceiling heights, for instance, and he suggested that the neighbors should not be upset if they come back with a one -story design with higher ceilings. In closing, Councilmember Fraser said that he would vote to deny the appeal and preserve the neighborhood character. Mayor O'Donnell said that he strongly disagreed and would vote to grant the appeal. He said that privacy was a false issue; that sometimes the loss of privacy is exaggerated in hearings in all neighborhoods in the Town. DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 10 O'Donnell said that this [Belveron] area is a dense suburban area. He said that the Bell's proposal would not result in view blockage but would actually upgrade the [Thor's] view because it would block out telephone lines in the view corridor. O'Donnell said this was all a matter of perspective. The Mayor said that he, too, had served on the DRB. He said that during his tenure, the Board had allowed second stories in Belveron as long as they were centered on the property in order to avoid the creation of "walls" to the side or front; those were the guiding principles they used. And if an applicant did not want a two -story home, O'Donnell said the Board was generous with variances and the Council had supported this thinking in workshops where it was discussed. Mayor O'Donnell said that the Council would fail the community if it didn't provide guidance on this issue. He suggested coming up with a set of "Belveron Guidelines'', similar to the format of the Hillside Design Guidelines. He said the Bell's two -story application was modest and would fit within the character of the neighborhood. He said the Council should think carefully about what the opinion of the entire neighborhood was on this issue. MOTION: To direct staff to return with a resolution of findings to deny the appeal. Moved: Slavitz, seconded by Fredericks Mayor Fredericks asked to amend the motion in order to waive fees for submittal of a one -story design. Fredericks also spoke in favor of a community forum on the matter however, she said that consistency is difficult when review is made on a case -by -case basis. She said it would be difficult to create a new set of criteria on which to base this type of review. She said that privacy is one of the criteria referenced in the guiding principles already in existence. Mayor O'Donnell disagreed; he said that the comparisons between the Dibble application and this application were misguided and false. He maintained that there was a way to come up with criteria on which to review a second -story application; for instance, having a percentage of the square footage allowed for the first floor, and a percentage for the second floor; centering on the property, etc.; similar to the Hillside Design Guidelines. MOTION: To direct staff to return with a resolution of findings denying the appeal and to waive the fees for submittal of a one -story design. Moved: Fredericks, seconded by Fraser Vote: AYES: Fraser, Fredericks, Slavitz NOES: O'Donnell ABSENT: Doyle DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 11 TOWN COUNCIL REPORTS • Update from Councilmember Fraser on marketing and communication Councilmember Fraser gave a report from the Marketing and Communications Task Force (part of the Council's Downtown Revitalization ad hoc committee). He showed two sign boards that were being considered for use on Caltrans signs on Tiburon Boulevard to provide direction to visitors coming to the Town. The first sign board showed an earlier version of "Tiburon by the Bay" with a graphic rendition of the downtown fountain, Conning About. He also showed a more recent version with a graphic rendition of water in the Bay. Councilmember Fredericks said the second version was much nicer. Councilmember Slavitz commended the group for its work. Town Manager Curran noted that no action was being asked of the Council; that this was simply a Town Council report. She did note, however, that the new signage had been approved in the 2012 -13 budget and that this [latest version of signage] was the direction recommended by the Task Force, as well as one that would fit within the stringent Caltrans guidelines. • Other reports Vice Mayor Fredericks said that a Telework Initiative was being sponsored by the Transportation Authority of Marin (TAM) to help ease traffic congestion. She asked whether local businesses might be notified of the upcoming webinar. Town Manager Curran agreed. Mayor O'Donnell reported on a proposal before the RBRA Board to issue citations to unoccupied or abandoned boats in Bay. He said that local law enforcement could assist in the citation process. He said the purpose of the action was to prevent ongoing environmental degradation of the Bay by these vessels. Mayor O'Donnell also reported on a request he had received for a Mayor's proclamation in honor of Harvey Roger's 901h Birthday which falls on Thanksgiving this year. TOWN MANAGER'S REPORT In her report, Town Manager Curran provided some addition information on the Harvey Roger's item by informing the Council of the Tiburon Peninsula Foundation's interest in funding a water fountain in the vicinity of Blackie's Garden. She also said the TPF would like to inscribe the fountain with the words, "Harvey's Garden" in recognition of his efforts in developing and maintaining the garden over the years. WEEKLY DIGESTS • Town Council Weekly Digests for November 8 & 15, 2013 DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 12 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor O'Donnell adjourned the meeting at 10:55 p.m. EMMETT O'DONNELL, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #18 -2013 November 20, 2013 Page 13 TOWN COUNCIL MINUTES CALL TO ORDER cc-a Mayor O'Do called the regu ar eeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesd y, December 4, 2013, i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cal ornia. ROLL CALL PRESENT: COUNCILMEMBERS PRESENT: EX OFFICIO: ORAL COMMUNICATIONS None. CONSENT CALENDAR Doyle, Fraser, Fredericks, O'Donnell, Slavitz Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works /Town Engineer Nguyen, Building Official Lustenberger, Police Chief Cronin, Police Captain Hutton, Planning Manager Watrous, Assistant Planner O'Malley, Town Clerk Crane Iacopi 1. Annual Appointments List — Recommendation to adopt annual list of local appointments made by the Town Council in 2013 (Town Clerk Crane Iacopi) 2. Garden at Blackie's Pasture — Recommendation to waive the Town's naming policy and adopt a resolution renaming the garden at Blackie's Pasture as ``Harvey's Garden" (Town Manager Curran) 3. Downtown Restrooms — Recommendation to approve budget amendment for the Downtown Restroom project (Director of Public Works /Town Engineer Nguyen) MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 3, as written. Slavitz, seconded by Fraser AYES Unanimous DRAFT Town Council Minutes #x -2013 December- 4, 2013 Page I ACTION ITEM - SWEARING IN AND REORGANIZATION OF TOWN COUNCIL 1. Recognition of Interim Councilmember Slavitz — The Council will thank Interim Councilmember Slavitz for his service and he will have an opportunity to share his thoughts. Mayor O'Donnell thanked Councilmember Slavitz for stepping in to fill the late Councilmember Collins' seat; a sentiment that was echoed by the rest of the Council. Slavitz thanked his wife for allowing him to take on this commitment. He thanked the members of the Town staff without whom, he said, none of the Council's initiatives would be realized. He thanked his colleagues on the Council for the opportunity to serve and commended each one of them for their many talents — Doyle for his great humor and design; O'Donnell for his excellent leadership as Mayor; Fraser for his efforts to revitalize the downtown; and Fredericks for her sense of humor and the many hats she wears in representing Tiburon on other boards and agencies countywide. 2. Oath of Office — The Town Clerk will administer the oath of office to appointed Council members Jim Fraser, Alice Fredericks, Emmett O'Donnell, and Erin Tollini and they will take their seats at the dais. Town Clerk Crane Iacopi administered the oath to Councilmembers Fraser, Fredericks, O'Donnell and Tollini, and they took their seats at the dais. Recognition of Mayor O'Donnell — The Council will thank outgoing Mayor O'Donnell for his service and he will have an opportunity to share his thoughts. Vice Mayor Fredericks led off with the Council's praise for Mayor O'Donnell and listed the many projects that the Council, under his leadership, had either begun or continued to work on during his tenure — the completion of the Del Mar Undergrounding project, traffic management and the construction of a new parking lot at Lyford Drive, the initiation of a "Bike Train" for kids to ride to school, the continuation of Friday Nights on Main, the completion of a new recreation facility at Dairy Knoll, the hosting of the Youth America's Cup in 2013, and many others. She commended O'Donnell for his clarity of purpose and the resourcefulness he brought to the job. Councilmember Fraser also commended O'Donnell, stating that he was a person who likes to "do the right thing ". He noted how he had handled the difficult situation of losing a Councilmember and finding a way to make the transition as smooth and seamless as possible. Councilmember Doyle said he had known O'Donnell for 12 years and had served with him briefly on Design Review Board before he moved on, as did Doyle, to the Planning Commission and Town Council. He said he appreciated O'Domiell's advice and point of view. O'Donnell thanked his colleagues for their remarks and moved on to the next item of business. DRAFT Town Council Minutes #xx -2013 December 4, 2013 Page 2 4. Election of Mayor — As his final act, Mayor O'Donnell will receive nominations for the Office of the new Mayor and conduct the election. MOTION: To nominate Alice Fredericks to serve as Mayor. Moved: Fraser, seconded by Doyle Vote: AYES: Unanimous 5. Election of Vice Mayor — The Mayor -elect will conduct the election of Vice Mayor. MOTION: To nominate Frank Doyle to serve as Vice Mayor. Moved: O'Donnell, seconded by Fraser Vote: AYES: Unanimous 6. Town Council Comments — The Council may share any additional comments at this time. Mayor Fredericks welcomed Erin Tollini to the Council. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT • Holiday Meeting Schedule Town Manager Curran noted that Town Hall would close on December 20 for the holiday break, re- opening on January 2, 2014. She also said noted that the December 18 regular meeting was cancelled for the Town's annual holiday party, and that because January 1, 2014 is a holiday, the first Council meeting of the New Year would take place on Wednesday, January 15, 2014. Town Manager Curran invited everyone to attend the Holiday Festivities in downtown Tiburon on Saturday, December 7. She reconfirmed with the Council the proposal by the Chamber to close Main Street to traffic from noon to 7 p.m. Curran also noted the Landmarks Society Annual Holiday Sale would take place at the Art and Garden Center from 10 a.m. until 4 p.m. WEEKLY DIGESTS • Town Council Weekly Digest — November 22, 2013 • Town Council Weekly Digest — November 29, 2013 DRAFT Town Council Minutes #x -2013 December 4, 2013 Page 3 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor -elect Fredericks the meeting at 7:55 p.m. ALICE FREDERICKS, MAYOR -ELECT ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2013 December 4, 2013 Page 4 TOWN OF TIBURON �\ T 1505 Tiburon Boulevard ;i Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Office of the Town Clerk Tovc n Council Meeting January 15, 2014 Agenda Item: CC Subject: Announcement of Vacancies on Town Boards, Commissions & Committees Reviewed By: l BACKGROUND Town Council Resolution No. 16 -2007 (Appointments Procedure) requires that the Mayor announce pending vacancies on Town boards, commissions and committees at the first regular meeting of the New Year. A notice is subsequently published in the Ark newspaper and posted at Town Hall and the Belvedere- Tiburon Library for the purpose of informing the public of these vacancies and to seek applicants to fill the positions. Commissioners whose terms are expiring in 2014 will be notified by the Town Clerk of their term expirations and asked whether they are interested in seeking reappointment. Due consideration will be given to incumbent commissioners, however, the Council is required to interview all new applicants, pursuant to Resolution No. 16 -2007. An exception to this rule is for commissioners who have served terms of less than two years in duration; the Council is not required to interview new applicants for these pending vacancies, if the incumbent seeks reappointment to the position. The attached Notice of Current & Pending Vacancies itemizes all of the known vacancies to which the Council will make appointments in 2014. RECOMMENDATION Staff recominends that the Town Council: 1. Announce the pending vacancies in 2014 on Town boards, commissions and committees by adoption of this report on the Consent Calendar; 2. Direct staff to publish and post the notice of pending vacancies in accordance with Town policy. Exhibit: Notice of Pending Vacancies on Town Boards, Commissions & Committees beginning in January 2014 Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees Beginning in January 2014 BELVEDERE- TIBURON JOINT RECREATION COMMITTEE BELVEDERE - TIBURON LIBRARY AGENCY BOARD BUILDING CODE APPEALS BOARD HERITAGE & ARTS COMMISSION MARIN COMMISSION ON AGING PARKS, OPEN SPACE & TRAILS PLANNING COMMISSION The following vacancies on Town Boards, Commissions and Conunittees are current or pending in 2013. Pursuant to Resolution No. 16 -2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2014. Current commissioners whose terms are expiring may seek re- appointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Most Town appointments are made for four -year terms, effective March 1. Other terms are stated in the agency's by -laws, for instance, the Belvedere- Tiburon Library Agency terms are for three years and expire at the end of June. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as the Heritage & Arts Commission, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, wi4gt . townoftibziron. of (click on "Useful Forms "). You may also contact Town Clerk Diane Crane Iacopi at deranegtownoftiburon.org, (tel: 435 -7377) for more information. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2014 BELVEDERE - TIBURON JOINT RECREATION COMMITTEE Appointee Appointed Terfn Expires • Nuria Ibars October 2012 2/28/14 • Jim Fraser [Council appointee] June 2012 2/28/14 BELVEDERE - TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires • Ric Postle June 2011 6/30/14 BUILDING CODE APPEALS BOARD Appointee Appointed Terfn Expires • Jerry Thompson April 2012 2/28/14* HERITAGE & ARTS COMMISSION • Dave Gotz 2001;2002;2006;2011 2/28/14 • Francella Hall October 2012 2/28/14* • Azita de Mujica October 2010 2/28/14 MARIN COMMISSION ON AGING Appointee Appointed Terfn Expires • Allan Bortel 2002;2005;2008;2011 6/30/14 MARIN - SONOMA MOSQUITO ABATEMENT BOARD Appointee Appointed Term Expires • Roger Smith 1994; 1999; 2003; 2006; 2010 12/31/14 PARKS, OPEN SPACE & TRAILS Appointee Appointed Term Expires • Robert McDermott March 2010 2/28/14 • Park Allen May 2010 2/28/14 PLANNING COMMISSION Appointee Appointed Term Expires • John Corcoran 2008; 2010 2/28/14 • Jon Welner 2011; 2012 2/28/14 • Erin Tollini 2010; reapptd. 2011 2/28/15 ** * *stepped down -- appointed to Town Council *Appointees who have sewed terms of 2 years or less are eligible for automatic reappointment pursuant to Town Council Resolution No. 16 -2007. Copies to: The Arlo (for publication on January 22, 2014) Courtesy copy to: The Marin Independent Journal Notice Posted at Tiburon Town Hall and BelnedereMburon Library TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed by: BACKGROUND Mayor & Members of the Town Council Community Development Department Town Council Meeting January 15, 2014 Agenda Item: CC_ V Annual Reporting of Development Impact Fees Pursuant to the California Government Code Similar to most cities and counties in California, the Town of Tiburon imposes public facilities fees on development projects during the approval process. Certain of these fees are categorized as "development fees" under Section 66000 et seq. of the California Government Code. Section 66006 of that code requires that specific data regarding development fees is made available to the public within 180 days following the end of each fiscal year, with a public meeting held on the matter at the next regularly scheduled meeting following release of the data. This report sets forth the required annual data reporting for the Town's development fee accounts for Fiscal Year 2012 -2013, which closed on June 30, 2013. ANALYSIS The Town of Tiburon imposes four categories of fees that could qualify as development fees. These categories are 1) traffic impact fees 2) street impact fees 3) affordable housing in -lieu fees and 4) stormwater runoff fees. Park and recreation in -lieu fees, which the Town also collects, are not defined as development fees in the statute. Reporting data for each of the Town's development fee categories is shown below. Traffic Mitigation Fees Traffic mitigation fees have been collected by Town since 1980; the two current fee accounts were established in 1996, each addressing different portions of the Tiburon Planning Area. In March 2007, an updated Traffic Mitigation Fee Schedule based on projections from the Town's General Plan Tiburon 2020 went into effect. The Town Council received a mandatory five -year report on these funds in January 2012 and made findings regarding the future use of unexpended funds in these accounts; the next five -year review is scheduled for January 2017. The two traffic mitigation accounts and the required data for this annual report are as follows: Circulation System Improvement Fund (CSIF): This fund contains the collected exactions for construction of public traffic improvements in the incorporated portions of the Tiburon Planning Area. The fee varies depending on the location of the project in relation to intersections Town Council Meeting January 15, 2014 identified in the General Plan Circulation Element as requiring improvement. The fee varies from $0 per PM peak trip to $5,278 per PM peak trip. TIBURON CIRCULATION SYSTEM IMPROVEMENT FUND Fund Balance, July 1, 2012 $33,780 Revenues: Fees Collected $5,603 Interest Income 33 TOTAL REVENUES $5,636 Expenditures: $0 TOTAL EXPENDITURES $(0) Fund Balance, June 30, 2013 $39,416 In the adopted Fiscal Year 2013 -14 budget, there are no planned expenditures identified from this account. No inter -fund loans or transfers occurred from this account for FY2012 -13 and no refunds from this account were issued in FY 2012 -13. Planning Area Mitigation Fund (PAMF): This fund contains the collected exactions for public traffic improvements in portions of the Tiburon Planning Area outside of the Town's corporate limits. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element for improvement. The fee varies from $0 per PM peak trip to $361 per PM peak trip. TIBURON PLANNING AREA MITIGATION FUND Fund Balance, July 1, 2012 Revenues: Fees Collected $721 Interest Income $421 TOTAL REVENUES Expenditures: $0 TOTAL EXPENDITURES Fund Balance, June 30, 2013 $180,177 $1,133 $(0) $181,310 The FY 2013 -14 Town budget does not contain any planned expenditures from this account. Additional future projects to which these funds would be contributed include a TO\v\ oi-, TIGt iwx Pa�,c 2 cif 5 Town Council MCCtin, Jarmary 15, 1-01=4 merge /acceleration lane at the Tiburon Boulevard /Cecilia Way intersection and capacity improvements at the Tiburon Boulevard /Redwood Highway Frontage Road intersection. These improvements are set forth in the General Plan Circulation Element, but are likely to be at least five years away. The cost of these improvements will exceed funds available at this time. No inter -fund loans or transfers occurred in this account for FY2012 -13 and no refunds from this account were issued in FY 2012 -13. Street Impact Fee The street impact fee went into effect in July 1999. This fee partially off -sets the Town's costs of public roadway maintenance by assessing a fee of 1.0% (.01) on the valuation of all building permits issued by the Town. A project with a $100,000 building permit valuation would therefore be subject to a street impact fee of $1,000. TIBURON STREET IMPACT FUND Fund Balance, July 1, 2012 Revenues: Fees Collected $394,725 Interest Income $6,493 Refund /Reimbursement $0 TOTAL REVENUES Expenditures: $742,669 TOTAL EXPENDITURES Fund Balance, June 30, 2013 $2,193,931 $401,218 $(742,669) 1,852,480 EXPENDITURES Projects completed FY 2012 -13: Cost % from Fund Annual Pavement Management Program $742,669 100% Miscellaneous Projects $0 Total Projects FY 2012 -13 $742,669 For FY 2013 -14, the Town has identified in its adopted budget $683,000 in planned street improvement projects to be funded by the Street Impact Fund. There is also a carry -over of $442,686 for street resurfacing from the prior CIP budget. All these street improvements are expected to be completed in FY 2013 -14. The Town maintains a Pavement Management Program (PMP), which analyzes the condition of the Town's streets and suggests appropriate repair /replacement techniques based on this analysis. In 2006, the Town embarked on an To\\ ,ot,Tirt i ov o15 TO W11 CnunCil Mcctimy IanLiary 15, 2014 aggressive program to eliminate its "failed" street segments, which will be successfully completed at the conclusion of the Del Mar work. The Town's overall Pavement Condition Index (PCI) now stands at 73, up from a PCI of 66 in 2006. The PCI is expected to rise further following completion of the street work scheduled in the current fiscal year. No refunds or transfers were issued from this account in FY 2012 -2013. The Town Council received a mandatory five -year report on these funds in January 2010 and made findings regarding future use of the unexpended funds. The next five -year report will be due in January 2015. Affordable Housing In-Lieu Fee This fee is collected either at the subdivision map or building permit stage, at the option of the developer. Its revenues are used for the design and construction of permanently affordable housing units or for other actions that would directly preserve, conserve, rehabilitate, or increase the supply of affordable units in the Tiburon Planning Area. The fee is calculated using a formula contained within Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. The formula contains several variables (such as interest rates) and the amount of the fee can vary over time depending on these variables. Generally, at the current time, the in -lieu fee amount is approximately $405,000 for each required affordable unit that is not built, dependent upon prevailing interest rates and other variables at the time of calculation. A project creating 12 or more units or lots would be responsible to provide 20% affordable units or pay the resulting in- lieu fee. Projects that create 7 through 11 units would be responsible for providing 15% affordable units or pay the resulting in -lieu fee. Projects that create 2 through 6 new lots or units pay a prorated share of the in -lieu fee for a single affordable unit. For example, a 6 -unit project would pay 0.9 (15% X 6 units = 0.9) of the in -lieu fee. It is unclear whether affordable housing in -lieu fees are a "development fee" as defined in state law; however, the following information is public record. AFFORDABLE HOUSING IN -LIEU FUND Fund Balance, July 1, 2012 $1,094,607 Revenues: Reimbursements $13,503 Interest Income $4,433 TOTAL REVENUES Expenditures: Bank Fees $284 Marin Housing JPA $11,601 Legal Expenditures $22,164 Homeward Bound TOTAL EXPENDITURES $17,936 $(34,049) Fund Balance, June 30, 2013 $1,078,494 Tovy! ,.\ off. Ti >t i,,o� Pale 4 of 5 To -n Council \icctirng januar%? 15, 2014 The Town Council received a mandatory five -year report on these funds in January 2011 and made findings regarding future use of unexpended funds in this account. The next such report will be due in January 2016. For FY 2013 -14 the Town has $21,190 in expenditures planned from the Affordable Housing In- Lieu Fund, primarily for Marin Housing Authority- related services and an annual contribution to the Homeward Bound program for homeless persons. Several affordable housing sites are identified in the Housing Element of the Tiburon General Plan, and as developers move forward with actual projects, the housing in -lieu funds collected will be expended toward affordable housing projects. No inter -fund loans or transfers occurred in this account for FY2012 -13, and no refunds from this account were issued in FY 2012 -13. Storm water Runoff Fee The Town began collecting stormwater runoff fees, also known as impervious surface fees, in 2005. The stormwater impact fee helps recover the costs of upgrading the Town's public storm drain system to accommodate additional runoff caused by new construction. The fee is $1.00 per square foot of new impervious surface created by construction projects. The Town Council received a mandatory five -year report on these funds in January 2011 and made findings regarding the use of unexpended funds in this account. The next such report will be due in January 2016. STORMWATER RUNOFF FUND Fund Balance, July 1, 2012 $54,231 Revenues: Fees Collected $41,922 Interest Income 101 TOTAL REVENUES $42,023 Expenditures: Storm Drainage Improvements $88,259 Railroad Marsh Maintenance $0 TOTAL EXPENDITURES $(88,259) Fund Balance, June 30, 2013 $7,995 For FY 2013 -14 the Town has no expenditures planned from the Storm Water Runoff Fund. No inter -fund loans, transfers, or refunds were issued to or from this account in FY 2012 -13. RECOMMENDATION Staff recommends that the Town Council accepts this annual report. No other action is required. Prepared By: Scott Anderson, Director of Community Development Ti)��' of T1Bl'Rn\ I'agc 5 of 5 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting January 15, 2014 Agenda Item: Cc Subject: 26 Apollo Road: Appeal of Site Plan and Architectural Review Denial for the Construction of New Single - Family Dwelling; Nikita and Suzanna Bell Owners; File #713039; Assessor's Parcel No. 034 - 271 -13 Reviewed By: BACKGROUND At its meeting of November 20, 2013, the Town Council held a public hearing and considered an appeal of the Design Review Board's denial of this application. The Town Council voted 3 -1 (Mayor O'Donnell dissenting) to direct staff to prepare a resolution denying the appeal for consideration of adoption at a future meeting. That resolution now comes before the Town Council for adoption. RECOMMENDATION Staff recommends that the Town Council adopt the resolution (Exhibit 1) denying the appeal and the project. The resolution includes a fee waiver for a future design review application provided that the application is for a single story project. EXHIBITS 1. Draft Resolution Prepared By: Scott Anderson, Director of Community Development<4-� TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. (DRAFT) -2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL BY NIKITA AND SUZANNA BELL OF THE DESIGN REVIEW BOARD'S DENIAL OF A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF A NEW SINGLE - FAMILY DWELLING ON PROPERTY LOCATED AT 26 APOLLO ROAD (ASSESSOR PARCEL NO. 034-271-13) WHEREAS, on July 18, 2013 the Design Review Board (Board) held a public meeting on a Site Plan and Architectural Review application (File #713039) filed by Nikita and Suzanna Bell for the construction of a new single - family dwelling on property at 26 Apollo Road; and WHEREAS, at that meeting, the Board received extensive testimony on the merits and impacts of the proposed project and on the issue of whether two -story homes are appropriate for the lower, flatter, interior section of the Belveron East neighborhood where the project site is located. The Board determined that the proposed two -story home would be inconsistent with the predominantly single -story character of that portion of the Belveron East neighborhood and provided direction to the applicant to design the home as a single - story dwelling that would more appropriately fit with the neighborhood and minimize impacts on neighbors, and continued the project to the September 5, 2013 Board meeting; and WHEREAS, the applicant submitted revised drawings for the project and on September 19, 2013, the Design Review Board held a duly- noticed continued public meeting and again heard and considered extensive testimony from interested persons; and WHEREAS, the Board noted that the applicants had not heeded the Board's direction from the prior meeting to return with a single -story design and that the revised drawings still proposed a two -story residence; and WHEREAS, the Board reviewed the revised drawings for the proposed project in accordance with Section 16- 52.020 (H) of the Tiburon Zoning Code (Guiding Principles in the Review of Site Plan and Architectural Review Applications), and the Tiburon Hillside Design Guidelines; and after deliberation voted 3 -2 to direct staff to prepare a resolution denying the application; and WHEREAS, on October 3, 2013, the Board voted 3 -0 to adopt Resolution 2013- 02 denying the application; and WHEREAS, on October 10, 2013, the applicants filed a timely appeal of the Board's decision; and HIBIT No. Town Council Resolution No. (DRAFT) -2014 01/15/2014 Page 1 of 6 WHEREAS, on November 20, 2013, the Town Council held a duly- noticed de novo public hearing on the appeal, during which testimony was heard and considered regarding the proposed project and the Board's review of the application; and WHEREAS, the project application consists of File #713039 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 report, minutes, application materials, and all comments and materials received at the public hearing; and WHEREAS, after hearing all testimony and receiving the project record, the Town Council agreed with the findings and conclusions of the Board regarding this application. The Town Council determined that the Board appropriately applied the Guiding Principles for Site Plan and Architectural Review, the Hillside Design Guidelines, and other relevant provisions of the Zoning Ordinance in its review of this project. The construction of the project as proposed at this site would be inconsistent with the predominantly single -story character of the interior portion of the Belveron East neighborhood and would result in unacceptable privacy impacts and material view impacts for the residents of adjacent property at 27 Juno Road; and WHEREAS, the Town Council further finds that that the application is inconsistent with the Guiding Principle set forth in Tiburon Zoning Ordinance Section 16.52.020 (H [3]), which states: "Neighborhood Character: The height, size, and /or bulk of the proposed project bears a reasonable relationship to the character of existing buildings in the vicinity. A good relationship of a building to its surroundings is important. For example in neighborhoods consisting primarily of one -story homes, second story additions shall be discouraged, or permitted with increased setbacks or other design features to minimize the intrusion on the neighborhood ". The Town Council finds that the interior portion of the Belveron East neighborhood in which the subject property is located is an overwhelmingly one -story neighborhood. Only four homes with second stories comparable to the proposed project are located amongst dozens of one -story dwellings within this "interior" portion of this neighborhood, which is comprised of the non - perimeter, lower, flatter portions excluding all lots on Venus Court due to topographic differences. None of these two -story residences has been approved since adoption of the Town's current General Plan, which sets forth policies specific to preservation of neighborhood character. The Town Council finds that approval of two -story homes in the Belveron East neighborhood has generally been limited to the perimeter and higher - elevation Venus Court portions of the Belveron East neighborhood, where privacy, view and neighborhood character impacts are more limited in scope. The Town Council finds that the upper level of the proposed house is too visually massive and has not been designed in such manner as to sufficiently minimize its intrusion on the neighborhood. For example, four bedroom windows on the second story Town Council Resolution No. (DRAFT) -2014 01/15/2014 2 would face and have unobstructed views of the rear yard and primary living areas of the adjacent residence at 27 Juno Road. The proposed two -story home lacks design features that would minimize privacy, view and height/bulk impacts on its surroundings, and would therefore not bear a reasonable relationship to the character of existing buildings in the vicinity; and WHEREAS, the Town Council further finds that that the application is inconsistent with the Guiding Principle set forth in Tiburon Zoning Ordinance Section 16.52.020 (H [2]), which states: "Site layout in relation to adjoining sites: The location of proposed improvements on the site in relation to the location of improvements on adjoining sites, with particular attention to view considerations, privacy, location of noise - generating exterior mechanical equipment, adequacy of light and air, and topographic or other constraints on development imposed by particular site conditions." The Town Council finds that the proposed house would result in unacceptable privacy impacts in that four second story windows on the proposed addition, comprising approximately 35 square feet of window area, would face the rear yard and several rooms of the adjacent home at 27 Juno Road, with views into the master bedroom, dining room and study, thereby materially impacting the existing privacy of the residents. Several Belveron East residents spoke at the Design Review Board and Town Council meetings in favor of retaining the existing privacy levels achieved by single -story development in the neighborhood, which forms a key element of the neighborhood's character. Councilmember Slavitz noted stated that the example of the second story addition at 29 Juno Road, a photo of which had been shown in the appellant's presentation, was especially telling in that the second story appeared out of place, and constituted an unusual intrusion of privacy not typically found in the interior section of Belveron East. Additionally, the Town Council finds that the upper level of the proposed second story would materially intrude into views toward Ring Mountain from primary living areas of 27 Juno Road; and WHEREAS, the Town Council also finds that in addition to inconsistency with the Zoning Ordinance's Guiding Principles of Site Plan and Architectural Review, the application would be inconsistent with the following goals and policies of the Land Use Element of the Tiburon General Plan from which legislative policy support for the above - referenced Guiding Principles H [2] and H [3] are derived: Goal LU -H.• To protect and preserve existing neighborhood character and identity. The proposed two -story home would be inconsistent with the predominantly one -story character of the interior of the Belveron East neighborhood and would result in material and unacceptable privacy impacts for the adjacent residence at 27 Juno Road. The Town Council finds that approval of this application could set a precedent for the approval of numerous other second story additions in the interior portion of the Belveron East neighborhood that Town Council Resolution No. (DRAFT) -2014 01/15/2014 would cumulatively result in the fundamental alteration of the existing neighborhood character. Councilmember Slavitz stated that if this application were approved, he feared the Town Council would never be able to say "no" to a second story addition in the interior section of Belveron East. Boardmenber Kricensky expressed a similar conclusion when speaking before the Town Council at the appeal hearing. Policy LU -12: The Town shall encourage projects that enhance its character and image through the development and design review processes. Monotony in design, and massive or inordinately large or bulky structures and site coverage that overwhelm or that are inconsistent with the surrounding area, shall be avoided. The proposed home would have a massive and inordinately bulky two -story design when compared to the one -story homes which comprise the predominant development pattern and character of the interior portion of the Belveron East neighborhood. Councilmember Slavitz stated that the proposed second story project, similar to that of the second story addition at 29 Juno Road, would "stick out like a sore thumb" and alter the neighborhood character. Policy LU -13: Neighborhood character, which is defined by the predominant architectural styles, type of buildings, building heights, mass, setbacks, landscaping, and natural characteristics, shall be of material consideration and preserved in all construction projects, including remodels and additions, to the maximum extent feasible. The neighborhood character of the interior portion of the Belveron East neighborhood consists of predominantly one - story dwellings, with only four comparable two -story homes amongst the seventy -four homes in this interior portion of the neighborhood. Therefore, the proposed two -story residence would be inconsistent with the existing character of the immediate neighborhood and would not preserve this character to the maximum extend possible. Councilmember Slavitz noted that the construction of very few second story additions in the interior portion of Belveron East since 1955 represented a remarkably slow rate of change that clearly establishes the existing neighborhood character as one of predominantly single -story homes. He further stated that the Belveron East neighborhood "looks as good as it does" because of the practice of restricting second story additions to the perimeter of the Belveron East neighborhood. Policy LU -I5: Remodels, tear -dozvn /rebuilds, and new construction shall be compatible with the design, size, and scale of existing dwellings in the surrounding neighborhood. This project would demolish an existing single -story dwelling and construct a new two -story dwelling on the premises. With a height of over 22 feet and with multiple second -story windows, the two -story design of the house would not be compatible with the scale of the existing one -story dwellings that predominate in the interior portion of Belveron East. Town Council Resolution No. (DRAFT) -2014 01/15/2014 Policy LU -11: Property owners cherish their views. Development, new construction, and associated landscaping shall be so situated or kept low to interfere minimally with existing primary views. Based upon display graphics presented at the Design Review Board and Town Council meetings, the Town Council finds that the proposed two -story portion of the project would materially and unnecessarily intrude into views of Ring Mountain from the primary living areas and rear yard of the adjacent residence at 27 Juno Road; and WHEREAS, the Town Council finds that the subject 8,605 square foot lot is larger than most other lots in this subdivision and that most other homes that have been recently expanded in this neighborhood have been able to successfully expand on smaller lots without adding a second story while still providing adequate yard area for outdoor recreational use. The Town Council finds the comments of Belveron East residents Diane Larson, Marti Andrews, and Jon Welner at the September 19, 2013 Board meeting to be compelling with respect to impacts resulting from second story additions, adequacy of children's play space, and neighborhood character; and WHEREAS, the Town Council concludes that readily achievable options exist whereby a substantially larger residence than currently exists on the site could be designed while avoiding the neighborhood character, privacy and view impacts associated with the proposed project. Councilmember Fredericks noted the larger than average size of the subject lot and the fact that considerable yard area could remain for play purposes with a one -story design, as that result had been successfully achieved with single -story additions on even smaller lots in the neighborhood. Councilmember Fraser stated that higher ceilings could be incorporated into a one -story design without sacrificing views, privacy or neighborhood character. WHEREAS, at the conclusion of the hearing, the Town Council voted 3 -1 (O'Donnell dissenting) to direct Staff to prepare a resolution denying the appeal, but waiving any zoning permit application fees for a re- submittal with a one -story project design. NOW, THEREFORE, BE IT RESOLVED that, based on the above findings and on the entire record, the Town Council of the Town of Tiburon hereby denies the appeal of Nikita and Suzanna Bell of the Design Review Board's decision to deny their application (File # 713039) for Site Plan and Architectural Review for construction of a new single - family dwelling on property located at 26 Apollo Road. PASSED AND ADOPTED at a regular meeting of the Town Council on January 15, 2014, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Town Council Resolution No. (DRAFT) -2014 01/15/2014 ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. (DRAFT) -2014 01/15/2014 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Administrative Services Department Town Council Meeting January 15, 2014 Agenda Item: Cc --� Recommendation to Adopt Resolution to Establish Check Signature Authority The Town Council adopts by resolution those officials and employees who shall have authority to sign and endorse Town checks. Now that Councilmember Erin Tollini has been sworn in it is appropriate to officially authorize her to sign and endorse Town checks. FINANCIAL IMPACT There is no financial impact from this action. RECOMMENDATION Staff recommends that the Town Council: Move to adopt the exhibit Resolution authorizing the signing and endorsing of checks and other instruments of payment and access to documents retained in safekeeping Exhibits: Draft Resolution Prepared By: Heidi Bigall, Director of Administrative Services RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE SIGNING AND ENDORSING OF CHECKS AND OTHER INSTRUMENTS OF PAYMENT & ACCESS TO DOCUMENTS RETAINED IN SAFEKEEPING WHEREAS, the Town of Tiburon has, by resolution, adopted a policy which identifies the employees and officials who may sign and endorse checks and other instruments of payment on behalf of the Town, and which employees may have authorization for access to Town documents held in safekeeping: and WHEREAS, from time to time as employees or Councilmembers authorized to sign and endorse checks and other instruments of payment on behalf of the Town leave the Town's service it becomes necessary to add an authorized signer, and NOW THEREFORE, BE IT RESOLVED THAT: 1. The Bank of Marin, Tiburon Branch, shall be the depository for all funds of the Town of Tiburon. Commercial accounts shall be established and maintained by and in the name of the Town of Tiburon at the designated bank upon and subject to such terms as may be agreed to from time to time. 2. All checks, drafts and other instruments for payment from the Town's commercial account in the amount of $2,500.00 or less, or relating to the Town's state and federal payroll tax obligations, PERS retirement, or health insurance obligations in any amount shall be signed on behalf of the Town by any two (2) of the following people: Town Manager (Margaret A. Curran), Director of Administrative Services (Heidi Bigall), Town Attorney (Ann Danforth), or any member of the current Town Council (Alice Fredericks, Frank Doyle, Jim Fraser, Emmett O'Donnell, Erin Tollini). 3. All payroll, payroll payable, and payroll benefit checks shall be signed by the Town Manager and Director of Administrative Services, and in the case of either's absence the Town Attorney, or any member of the Town Council. 4. All other checks, drafts and instruments for payment shall be signed on behalf of the Town by the Town Manager and Director of Administrative Services or Town Treasurer and by one member of the Town Council. 5. All checks, drafts or other instruments for payment made payable to the Town of Tiburon may be endorsed for deposit by written or stamped endorsement in the name of the Town of Tiburon without individual signatures. 6. Staff is directed to provide a certified copy of this resolution to the Bank of Marin along with signature authorization forms which include signatures of the individuals currently -1- holding the following positions: Town Manager, Director of Administrative Services, Town Attorney, and Town Council members. The Town Clerk shall inform the Bank of Marin of any changes in these positions and provide new signature cards when necessary. 7. The Bank of Marin is requested and authorized to honor, receive, certify or pay any instrument signed or endorsed in accordance with this Resolution. This Resolution and signature authorization forms submitted by the Town Clerk shall remain in full force and effect, and the Bank is authorized and requested to rely and act thereon, until such time as the Bank receives written notice of any changes from the Town Clerk. 8. The Bank of America, Tiburon Branch is the location of four Safe Deposit Boxes that the Town rents from the Bank. The following employees of the Town are authorized by signature to place, extract, or review items held in safekeeping: Town Manager (Margaret A. Curran), Town Attorney (Ann Danforth), and Town Clerk, (Diane Crane Iacopi) Director of Administrative Services (Heidi Bigall). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on 2014, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ATTEST: DIANE CRANE IACOPI, TOWN CLERK - MAYOR Town of Tiburon -2- TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Investment Summary — December 2013 Reviewed By: dgil� - BACKGROUND To-"7n Council Meeting January 15, 2014 Agenda Item: CC- 2 Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended December 31, 2013. ANALYSIS December 2013 Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $18,683,676.59 0.264% Liquid Fund (LAIF) Housing note to $ 800,000.00 0.271% Based on Town Manager Contract Money Market $ 100,000.00 0.10% Liquid (Bank of Marin) Note to Former $ 14,910.17 5.55% June 1, 2017 Town Em loyee Total $19,598,586.76 The total funds invested at the end of the prior month were $17,289,026.77, therefore the Town's investments increased by $2,309,559.99 in December 2013. This increase is due to the receipt of the first 55% of property taxes for the year. FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing — safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for December 2013 Prepared By: Heidi Bigall, Director of Administrative Services 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 Manager Town Council Meeting January 15, 2014 Agenda Item: Annual Report on Automated License Plate Reader System As part of the approval for acquisition and use of the Automated License Plate Reader System (ALPRS) the Town Council required the Chief of Police to adopt a policy governing system use. A provision of the policy requires the Chief of Police to submit annually a report to the Town Manager: 378.6 ANNUAL REVIEW OF THE ALPRS. The Chief of Police or his�her designee will conduct an annual review of the ALPRS. The annual review will include an inventory of all ALPRS related equipment, annual system costs and a summary of any policy violations, or a statement of compliance with the established policy. The review shall be submitted to the Town Manager who, along with the Chief of Police, shall review the performance of the system with the Town Council commencing one year from the date the system becomes operational and annually thereafter. ANALYSIS I have reviewed the attached report by the Chief of Police Cronin and find the system to be operating in accordance with the Town's policy. RECOMMENDATION Staff recommends that the Town Council accept the report. Exhibit: Memorandum on ALPRS dated January 9, 2014 Prepared By: Peggy Curran, Town Manager TOWN OF TIBURON TIBURON POLICE DEPARTMENT 1155 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: January 9, 2014 To: Peggy Curran, Town Manager From: Michael Cronin, Chief of Police Subject: Annual Automated License Plate Reader Report for 2013 Tiburon Police Department policy 378 governs use of the Automated License Plate Reader System ( ALPRS). The policy requires the Chief of Police to prepare an annual report for submission to the Town manager. The report includes an inventory of system equipment, annual system costs and a summary of policy violations or a statement of compliance. SYSTEM COSTS: The annual cost of operation for the system for 2013 was $11,172.67. Costs were divided between one time costs of $6,414.03 for equipment repair and replacement and recurring costs of $4,758.64 for monthly use fees for data transmission. The City of Belvedere and the County Marin will pay 25% and 15% of the cost respectively. Actual cost to the Town will be $6703.00. SYSTEM USE: There were 17 inquiries made in the system in 2013. They resulted in identification of suspects in four cases. All inquiries were made in accordance with the policy. No violations of the policy were detected. ANALYSIS: Overall, the system continues to function as expected. On several occasions, cameras were off -line for varying periods of time resulting in less actual use than preceding years. Repairs were delayed because the company that manufactured the system was sold by Allied Signal to 3M who does not have a local service representative. The crimes we were specifically targeting when we acquired the ALPRS system; theft from vehicles and auto theft have both continued to decline. There were 8 reported thefts from vehicles in 2013 versus 11 in 2012 and no stolen cars in 2013 vs. 2 in 2012. In our baseline year of 2007 there were 50 reported thefts from vehicles and I 1 stolen autos. *Part 1 Crime overall has continued to decline. Our year over year comparison with 2012 shows 86 Part 1 Crimes reported vs. 108 for 2012, a decline of 20 %. In 2007 we recorded 146 Part 1 crimes. SYSTEM INVENTORY: Attachment 1 * Part 1 Crime includes Homicide, Rape, Robbery, Assault, Burglary, Larceny, Auto Theft & Arson. It is a report submitted monthly by all police agencies in the US to the US Department of Justice and the most commonly used comparative statistic in US law enforcement. Tiburon Police Department ALPRS INVENTORY 01/06/2014 escri tion Unit Unit Cost $ Qt Gross Cost $ andard Camera & r EA 11,108 6 66,648 ssociated hardware 9 000 Modem & Antenna EA 3,000 3 8,000 Software License EA 8,000 1 3,000 Server EA 3000 1 2,568 Backup memory EA 428 6 3 2,625 Termination Cabinet EA 875 w/ power supply Subtotal $91,841 Pole & Foundation EA 3,000 1 9,000 9,000 Power Service EA 3,000 3 Cabinet Pull Box EA 550 6 3,300 Subtotal $21,300 Total $113,141 Page 2 of 2 ALPRS REPORT 2013 To: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Council Meeting January 15, 2014 Agenda Item: AT— From: Office of the Town Manager Subject: Recommendation to Adopt Resolution Authorizing the Town Manager to Execute an Agreement with Ms. Paula Little to Accept Donation for Funding Flower Baskets in the Downtown Reviewed By: BACKGROUND Over the past five years, the Town has enjoyed hanging flower baskets in the downtown provided through private funding and management. The Town's role has been limited to coordinating installation and the provision of irrigation. Hazel Carter -Hattem and Randi Brinkman have kindly managed the process of procuring the baskets and their maintenance, while funding was generously provided by Carol Rayner and her late husband, Arno. Ms. Rayner has indicated this funding will no longer be provided. Local resident Ms. Paula Little has very generously offered to fund the basket program going forward, and has worked out terms for this gift with the Town Manager. This staff report presents this Agreement and a Resolution affecting its passage. Staff recommends adoption of the Resolution. ANALYSIS Ms. Paula Little recently approached the Town to indicate her desire to indefinitely fund the flower basket program in the downtown. Upon learning that the annual cost of the 30 baskets and their maintenance is approximately $10,000 /year, more than originally expected, Ms. Little sought an approach whereby her funding would be matched in part by the Town. The result of this process was an Agreement in which Ms. Little, through an annual contribution, will pay for 75% of the cost of the baskets and the Town would agree to pay the remaining 25 %. Funds will be deposited into a newly created Paula Little Flower Fund to ensure they are appropriately segregated from other Town funds. The Agreement indicates that should the Town be unwilling or unable to make this contribution in the future, it will first consult with Ms. Little regarding options. Should no approach to fund the basket program result from the consultation, the Agreement stipulates that any remaining funds will be donated to the Landmarks Society for the preservation of Old St. Hilary's. PAGE 1 OF 2 TOWN OF TIBURON Town Council Meeting January 15, 2014 FINANCIAL IMPACT The Agreement before the Town Council calls for a Town "match" of 25% of flower basket costs. At present costs, this would be approximately $2,500 per year and would come from General Funds. Future costs may be expected to increase with inflation. The Town would continue to provide irrigation for the baskets (in addition to the 25% contribution); management of the program is expected to be provided by the same parties, Ms. Carter -Hattem and Ms. Brinkman, as in the past at no cost to the Town. RECOMMENDATION Staff recommends that the Town Council: Exhibits: 1. Accept this donation with thanks and move to approve a Resolution authorizing the Town Manager to execute an Agreement with Ms. Paula Little for funding flower baskets in the downtown 1. Agreement 2. Resolution Prepared By: Peggy Curran, Town Manager Page 2 of 2 T(-)\ \',x ()PTIBUR(�\ GIFT AGREEMENT FOR THE PAULA LITTLE FLOWER FUND This Agreement is entered into between Paula W. Little (the "Donor ") and The Town of Tiburon, a municipal corporation (the "Town "). Donor wishes to make a gift of to Town, and Town agrees to accept that gift upon the conditions specified below. 1. The gift will be used to establish the "Paula Little Flower Fund" (the "Fund ") 2. The purpose of the Fund is to contribute to the financing of the hanging flower baskets in the Town of Tiburon. For this purpose, said financing includes: purchasing, repairing, replacing and maintaining the baskets and their contents but excluding costs associated with irrigation ( "Basket Expense "). Town may, for investment purposes, commingle the gifted property with any of its investment assets; however, the gift shall be entered and separately identified on Town's books and records as the Paula Little Flower Fund. Town will invest the Fund assets and may reinvest some or all of the earnings at its discretion in accordance with the Town's adopted policies and procedures. In all events, income derived from Fund investments and the proceeds of sale of any Fund assets shall inure to the benefit of the Fund. 4. As specified in Town of Tiburon Town Council Resolution No. , the Town will pay for one - quarter (1/4) of the Basket Expense annually and the remaining balance of the Basket Expense will come from the Fund. The Town Council shall notify, and seek the prior consent of, Donor or her successor before amending or repealing Resolution No. 5. The Town Manager or his /her designee will determine how much of the Fund will be spent annually for the balance of the Basket Expense. Both parties understand the current annual Basket Expense to be approximately Ten Thousand Dollars ($10,000), although they recognize that this amount could change over time. Assets not spent on the annual Basket Expense will remain in the Fund for use in subsequent years. 6. Donor or other contributors may add to the Fund with gifts of cash, securities, or other assets which, if accepted by Town, will become subject to this Agreement. The term "gift" in this Agreement includes inter vivos gifts and testamentary gifts, whether made through a will, a trust agreement, a beneficiary designation, IRA distribution, or any other legal means. 7. In the event that the Fund is insufficient to provide for the balance of the Basket Expense in any given year, or the Town is unwilling or unable to fund one - quarter of the Basket Expense or to otherwise meet its obligations under this Agreement, Town will contact Donor to discuss an alternate use of the Fund or the possibility of an additional contribution. In the absence of further directions or contributions, or if it becomes impossible or impractical to use the Fund for its specified purpose, or if Resolution No. is amended or repealed without the prior consent of Donor or her successor, or if this Agreement is determined to be in conflict with any federal, state, or local law, regulation, or ordinance, Town agrees to contribute all of the Fund assets (including PAULA LITTLE FLOWERS AGREEMENT PAGE 1 accrued and undistributed income) to the Belvedere Tiburon Landmarks Society, earmarked for the upkeep of Old St. Hilary's Church. 8. Town agrees to provide Donor with an annual accounting of the Fund, for so long as the Fund and the Paula W. Little Revocable Trust are both in existence. 9. Donor gives Town permission to publicly recognize her current and future contributions. Town agrees to obtain Donor's approval of any press release prior to issuing such release. 10. This Agreement may be amended or revoked by the written agreement of both Donor and Town. 11. Town represents that gifts to it are tax deductible under 26 U.S. Code §170. Town agrees to notify Donor if its tax status changes in any way that would affect the continued deductibility of Donor's gifts. 12. This Agreement shall be binding upon Donor and Town and their respective successors in interest. For purposes of this Agreement, Town shall treat the successor trustee(s) of the Paula W. Little Revocable Trust (as that Trust may be amended and restated hereafter) as Donor's successor in interest, for as long as that Trust is in existence. 13. This Agreement may be executed in counterpart originals. All of any such counterparts, taken together, shall be deemed to constitute one original document. This Agreement shall become effective upon signature by both parties set forth below. DONOR: TOWN: Paula W. Little Dated: APPROVED AS TO FORM: Genevieve M. Moore, Attorney for Donor The Town of Tiburon, a municipal corporation By: Margaret A. Curran Its: Town Manager 2014 Dated: Ann Danforth, Town Attorney 2014 PAGE 2 PAULA LITTLE FLOWERS AGREEMENT RESOLUTION NO. 2014 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING A GIFT FROM PAULA W. LITTLE AND APPROVING A RELATED AGREEMENT REGARDING THE MAINTENANCE OF HANGING FLOWER BASKETS IN THE TOWN OF TIBURON WHEREAS, the Town of Tiburon has benefitted from the hanging flower baskets that adorn the downtown area; WHEREAS, the Town anticipates that the private funding that has paid for those baskets will no longer be available after December 2013; WHEREAS, Paula W. Little has generously offered to donate assets to a newly created "Paula Little Flower Fund," to provide funding for a significant portion of the costs associated with the hanging flower baskets; WHEREAS, the Town of Tiburon is committed to funding the remainder portion of the hanging flower baskets to enable the basket program to continue; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: The Town of Tiburon will fund one - quarter (1/4) of the annual cost of purchasing, repairing, replacing and maintaining the hanging flower baskets and their contents in the Town ( "Basket Expense "). This funding does not include irrigation expenses associated with the hanging flower baskets, which shall be provided by the Town. The Town Manager is authorized to enter into the agreement attached as Exhibit A hereto, with Paula W. Little. The agreement will provide for the payment of the balance of the annual Basket Expense through the "Paula Little Flower Fund" and it shall remain in place unless Mrs. Little or the Town wishes to amend or withdraw from the agreement. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on January 15, 2014 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MAYOR TOWN OF TIBURON ATTEST: TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk 2014 Town Council Committee Appointments 4��,__ Town Council Meeting January 15, 2014 Agenda Item: /1— Members of the Town Council are appointed to serve on a variety of local and regional committees, and as Town representatives on a number of joint powers authorities. They also serve on ad hoc Town committees, formed to study specific issues or projects in town, such as the Martha Property applications and the installation of emergency sirens on the Tiburon Peninsula. The Town Council reorganized at its December 4, 2013 meeting, welcoming Erin Tollini to the Council and appointing Alice Fredericks as Mayor and Frank Doyle as Vice Mayor. It is now timely to review the list of committee appointments and make any changes or new appointments, and to fill the vacancies on various committees held by the late Councilmember Dick Collins. Staff notes that several committees may be appropriate for disbandment, including Lyford Drive Parking Lot and Peninsula Sirens. CART (Community Action to Reduce Traffic) has completed its investigation and issued its report; the Council should determine if it wishes to have this or a newly constituted traffic- related committee for any efforts that might take place in 2014. The Diary Knoll project is very close to completion, but that committee should remain in place until it has been finalized. A new appointment for Council's consideration in 2014 is a request from the Transportation Authority of Marin (TAM) for the appointment of a Town Council representative to the TAM Safe Routes to Schools Program. Correspondence from Executive Director Dianne Steinhauser is attached regarding this appointment. RECOMMENDATION Staff recommends that the Town Council review the attached worksheet and consider any revised or new appointments for 2014. Exhibits: 1) Worksheet for 2014 Council Appointments 2) Letter from TAM Executive Director to Mayor Fredericks, dated December 30, 2013 Prepared By: Diane Crane Iacopi, Town Clerk v d' O N a� O om /l C/] U ct M O U ct U C3 i V U 00 bo cz � d � � bA cat c3 bq .x s to cz c �1 d A a3 � W Ca c3 N C N U - F+ a �A y Wo ¢ Q crnD N C N bD N c" N to N o� N bD N b0 q +� > � +� H Cad Qd Qd Q�3 � qd Qd z � ti) cz U ci w�aa°oU� o� w H� U ^ o 0 ° U v�d dC7 � o UC7Ua�l�a� O Y rrpy F�1 O A •ir C3 b4 CL3 iii G$ C� � O U A Q Q : Cd d W b D N r ~ tO O N N N N ZW qd old Qd �Q Y N > Y O cn N r—, 'y C bA � :. 4. c °11 Y cz � F" A z Q (D o .. Y Y O 0 �.:. p U p a� °> ° U ° C/) W O ti° 'O ti N' — bA ci c3 N o �Q ���, Q V � o�o U AH �� �. > Q° —as o 'O Cd cz O _ Ip O -Z� 03 z S cd b U bU W 0 0 'b a� ° 0 0 o NC;3 vi >, o ° o r4 U C�od H:� a md�aP4 E-+U :� c) �1 § � D / � � « / 2 0 Q 2 � U ' � : d � � ■ k O z G / Gƒ f � � d 3 w * •§ § J ° m / 7 � \ \ / a § \ / n %• 2 2 « k § w �' 8 E g o= % B% o 2 t U t r cn / � ) q 2•\ & 0 \ 0 ƒ: 8 o u u k u 9 q t %) 7.7 ®%(% k ƒ ƒ2 9lzi . 7 \ \ \ \ k `\ b ) ) \ \ \ 2 U& Q m q / Q# U 2 U w Q\ 2 S / w Q EC[r,�V G Z014 TOWN CLERK TOWN OF TIBURON Transportation Authority of Marin 781 Lincoln Avenue Suite 160 December 30, 2013 San Rafael California 94901 The Honorable Alice Fredericks Phone: 415/226 -0815 Mayor of the Town of Tiburon Fax: 415/226 -0816 1505 Tiburon Boulevard www.tam.ca.gov Tiburon, CA 94920 Belvedere Re: Appointment of Representative for the Transportation Authority of Sandra Donnell Marin's Safe Routes to Schools Program Corte Madera Dear Mayor Fredericks: Diane Furst Fairfax Per the action taken at its December 5th Board Meeting, the Transportation John Reed Authority of Marin (TAM) requests a representative from the Town of Tiburon Council to represent and support the Safe Routes to Schools Program within Larkspur Dan Hillmer your jurisdiction. Mill valley The council representative will be briefed on the current Safe Routes to Schools Stephanie Moulton- Peters activities and be asked to assist occasionally in addressing issues that arise in your jurisdiction. Note that TAM's Safe Routes team has a close partnership with Novato local schools, local law enforcement, and public works staff. The council Eric Lucan representative will serve as an extra level of support for Safe Routes activities. Ross P. Beach Kuhl TAM is requesting the appointment of a Safe Routes to Schools representative from each of Marin's jurisdictions. We request that you appoint one person from San Anselmo the Town of Tiburon Council. Ford Greene San Rafael Should you have any questions or comments please do not hesitate to contact Gary Phillips the TAM Executive Director Dianne Steinhauser at (415) 226 -0820 or dsteinhauser(a)tam.ca.gov. Sausalito Herb Weiner Sincerely, /- Tiburon Alice Fredericks County of Marin Dianne Steinhauser Susan L. Adams Executive Director, Transportation Authority of Marin Katie Rice Kathrin Sears cc: Margaret (Peggy) Curran, City Manager Steve Kinsey Diane Crane - lacopi, Town Clerk Judy Arnold Making the Most of Marin County Transportation Dollars Page 1 of 1 Diane Crane lacopi From: Nannette Brown [NBrown @tam.ca.gov] Sent: Friday, January 03, 2014 5:46 PM To: Mayor Alice Fredericks Cc: pcurren @ci.tiburon.ca.us; Diane Crane lacopi Subject: Requesting Representative from your Council for Safe Routes to Schools Program Attachments: Tiburon - Appointment of Safe Routes To School Rep.pdf Greetings, Please find the attached letter requesting a representative from your council be appointed to support the Safe Routes to Schools Program within your jurisdiction. You will also receive a hard copy in the mail. The council representative will help make the program more successful overall with the help of TAM and its team on Safe Routes issues. Should you have any questions or comments, please do not hesitate to contact me at (415) 226 -0820 or dsteinhauser(a)tam.ca.gov. Sincerely, Dianne Steinhauser Executive Director Transportation Authority of Marin (TAM) 781 Lincoln Avenue, Suite 160 San Rafael, CA 94901 (415) 226 -0815 1/6/2014