James H. AndrewsMayor

Eli BeckmanVice Mayor

Sloan BaileyCouncilmember

David KunhardtCouncilmember

Bob RavasioCouncilmember

Town of Corte Madera Regular

Town Council Meeting Todd CusimanoTown Manager

Teresa StrickerTown Attorney

Rebecca VaughnTown Clerk

Town Hall300 Tamalpais Drive

Corte Madera, CA 94925 townofcortemadera.org

TUESDAY, MARCH 17, 2020, 6:30 PM

1. CALL TO ORDER, ROLL CALL AND SALUTE TO THE FLAG

2. OPEN TIME FOR PUBLIC COMMENT

All meetings are live-streamed via the Town's website:https://www.townofcortemadera.org/623/Watch-Live-VideoFor those who are limiting attendance at public gatherings, the Town will accept public commentvia email both prior to the start of the meeting, as well as during the meeting from 6:30 p.m. untilthe adjournment of the meeting. All public comment received via email will be read aloud by staffat the appropriate time on the agenda for each agenda item, forwarded to the Town Council,posted to the Town website, and placed in the Town’s permanent records. Emailed publiccomment for the Town Council meeting should be sent to PublicComment@tcmmail.org.

At the beginning of each regular Town Council meeting, any member of the public may addressthe Town Council concerning any item not on the Council's agenda. Speakers will be limited tothree (3) minutes unless otherwise specified by the Mayor or the Presiding Officer. The publicwill be given an opportunity to speak on each agenda item at the time it is called. The Councilmay discuss and/or take action regarding any or all of the items listed below. Once the publiccomment portion of any item on this agenda has been closed by the Council, no furthercomment from the public will be permitted unless authorized by the Mayor or the Council and ifso authorized, said additional public comment shall be limited to the provision of information notpreviously provided to the Council or as otherwise limited by order of the Mayor or Council.

3. PRESENTATIONS: NONE

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4. CONSENT CALENDAR

The purpose of the Consent Calendar is to group items together which are routine or have beendiscussed previously and do not require further discussion. They will be approved by a singlemotion. Any member of the Town Council, Town Staff, or the Public may request removal of anitem for discussion. Rescheduling of the item(s) will be at the discretion of the Mayor and TownCouncil.

4.A. Authorize Introduction and/or Adoption of Resolutions and Ordinances by TitleOnly. (Standard procedural action – no backup information provided)

4.B. Second Reading and Possible Adoption of Ordinance No. 993 to amendChapters 18.18 (Special Purpose Overlay District) and 18.31 (AccessoryDwelling Units) related to Accessory Dwelling Unit regulations to (1) MakeAccessory Dwelling Units (ADUs) converted from existing floor space, and allJunior Accessory Dwelling Units (JADUs), subject to the existing ADU capacitylimitations in the Christmas Tree Hill Overlay District, (2) Provide an option fordiscretionary review to allow non-clerestory windows in ADUs, and (3) Makenon-substantive clean-up changes and clarifications to Chapter 18.31

Recommendation: Adopt Ordinance No. 9934.B. Staff Report and Attachments.pdf

4.C. Authorize the Director of Public Works to Approve the Plans and ContractDocuments and Advertise for Bids for the 2020 Accessibility ImprovementProject #20-001

Recommendation: Approve item as requested4.C. Staff Report and Attachments.pdf

4.D. Authorize Public Works Director to Execute and Record a Notice ofCompletion for the 2019 Slide Repair Project, Project No. 18-005

Recommendation: Approve item as requested4.D. Staff Report and Attachments.pdf

4.E. Authorize Town Manager to Execute an Amendment to the Town’s ExistingContract with David Wilkinson for Expert Guidance and Services to the Parksand Recreation Department to Extend the Not to Exceed Amount From$40,000 to $50,000

Recommendation: Approve item as requested4.E. Staff Report and Attachments.pdf

4.F. Approval of the General Fund Revenue and Expenditure Report for the Period2

Ending February 29, 2020

Recommendation: Approve item as requested4.F. Staff Report and Attachments.pdf

4.G. Approve Warrants and Payroll for February 2020

Recommendation: Approve item as requested4.G. Staff Report and Attachments.pdf

4.H. Approval of Minutes of the March 2, 2020 Regular Town Council Meeting

Recommendation: Approve item as requested4.H. 030220 Draft Corte Madera Regular Town Council Minutes.pdf

5. PUBLIC HEARINGS: NONE

6. BUSINESS ITEMS

6.A. Consideration and Possible Action to Approve SubcommitteeRecommendations (1) To Appoint Louise Brown to the Seat on the Parks andRecreation Commission to be Vacated by Commissioner Fred Casissa, for aTerm Commencing Upon Commissioner Casissa’s Swearing-in as aCouncilmember and Expiring on June 30, 2021; and (2) Related to theAppointment of an Applicant to the Seat on the Planning Commission to beVacated by Commissioner Charles Lee, with a Term Commencing UponCommissioner Lee’s Swearing-in as a Councilmember and Expiring on June30, 2021

Recommendation: Approve item as requested6.A. Staff Report and Attachments.pdf

6.B. Consideration and Possible Adoption of Resolution No. 12/2020 Approvingthe Town of Corte Madera’s Housing Element Annual Report

Recommendation: Adopt Resolution No. 12/20206.B. Staff Report and Attachments.pdf

6.C. Requested by Mayor Andrews – Discussion and Possible Action to ApproveRequest for a Temporary Exemption Waiver Submitted by the Town ResilienceCoordinator for Use of Gas Powered Leaf Blowers in the Town’s EvacuationRoutes Fuel Reduction Program

Recommendation: Approve item as requested

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6.C. Staff Report and Attachments.pdf

7. TOWN MANAGER AND COUNCIL REPORTS

- Town Manager Report - Council Reports

8. REVIEW OF DRAFT AGENDA FOR UPCOMING TOWN COUNCIL MEETING

8.A. Review of Draft Agenda for April 7, 2020 Town Council Meeting

Recommendation: Review item and provide direction to staff8.A. 4.7.20 Draft Town Council Agenda.pdf

9. ADJOURNMENT

ORDER OF BUSINESS: The Sanitary District No. 2 (SD2) meetings begin upon conclusion ofthe meeting of the Corte Madera Town Council. Agendas for SD2 are posted separately.

REPORTS: Town Council Staff Reports are usually available by 5:00 p.m., Friday prior to theCouncil Meeting, and may be obtained at the Corte Madera Town Hall, or by calling415-927-5050. Copies of the reports relating to agenda items are available for review in the TownClerk's Office, at the Corte Madera Library, Fire Station 13 (5600 Paradise Drive) andhttps://www.townofcortemadera.org/681/Agendas-Minutes-and-Notices. Materials related to anitem on this agenda that have been submitted to the Town Council or staff after distribution of theagenda packet are available for public inspection in the Town Clerk's Office located at Town Hall,300 Tamalpais Drive, Corte Madera, CA 94925, during normal business hours, 8 a.m. to 12 p.m.and 1 p.m. to 4 p.m.

AMERICANS WITH DISABILITIES ACT: If you need special assistance to participate in thismeeting, please contact the Town Clerk at 415-927-5085. For auxiliary aids or services or otherreasonable accommodations to be provided by the Town at or before the meeting please notifythe Town Clerk at least 3 business days in advance of the meeting date. If the town does notreceive timely notification of your reasonable request, the Town may not be able to make thenecessary arrangements by the time of the meeting.

NOTIFICATION LIST: To sign up to receive automatic notifications regarding meetings andagendas, please visit the Town's website at https://www.townofcortemadera.org and click on"Notify Me" to register, or email the Town Clerk at: rvaughn@tcmmail.org.

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CORTE MADERA TOWN COUNCILSTAFF REPORT

REPORT DATE: March 13, 2020 MEETING DATE: March 17, 2020

TO: Honorable Mayor and Members of the Town Council

FROM: Martha Battaglia, Senior Planner

SUBJECT: Second reading and possible action by the Town Council of Corte Madera to adopt Ordinance No. 993 to amend Chapters 18.18 (Special Purpose Overlay District) and 18.31 (Accessory Dwelling Units) related to Accessory Dwelling Unit regulations to (1) Make Accessory Dwelling Units (“ADUs”) converted from existing floor space, and all Junior Accessory Dwelling Units, subject to the existing ADU capacity limitations in the Christmas Tree Hill Overlay District, (2) Provide an option for discretionary review to allow non-clerestory windows in ADUs, and (3) Make non-substantive clean-up changes and clarifications to Chapter 18.31

RECOMMENDED ACTION:

Staff recommends that the Town Council adopt Ordinance No. 993 (Attachment 1).

BACKGROUND:

The Town Council conducted a public hearing and introduced Ordinance No. 993 on March 2, 2020.

Relevant background related to the proposed ordinances is included in the staff report from the March 2, 2020 Town Council meeting. The staff report (without attachments) is included as Attachment 2. The draft Town Council meeting minutes from the March 2, 2020 meeting are included as part of this agenda packet as item 4H. Additional staff reports, attachments, minutes, videos of meetings are also accessible at the Town’s Accessory Dwelling Unit Ordinance Webpagehttps://www.townofcortemadera.org/639/Accessory-Dwelling-Units.

As required by state law, the Town will submit the adopted ordinance to the Department of Housing and Community Development (HCD) to review. HCD may have comments on the Town’s ADU Ordinance that could require changes to the ordinance.

The Town has received one comment letter since the March 2, 2020 Town Council meeting (Attachment 3). The comment letter raises concerns about limiting ADUs converted from existing floor space, and all Junior Accessory Dwelling Units, in the Christmas Tree Hill Overlay District.

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ENVIRONMENTAL IMPACT:

The proposed ordinance amendments are not subject to the provisions of the California Environmental Quality Act (CEQA). The amendments are exempt from CEQA under statutory exemption 15282(h) to allow implementing regulations for accessory dwelling units consistent with Government Code Section 65852.2.

OPTIONS:

1. Adopt the attached Ordinance No. 993 as presented2. Continue this item to a future date

ATTACHMENTS:

1. Draft Ordinance No. 9932. March 2, 2020 Town Council staff report without out attachments3. Comment Letter

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Attachment 1 Draft Ordinance No. 993

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ORDINANCE NO. 993

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF CORTE MADERA ADOPTING AMENDMENDMENTS TO TITLE 18 OF THE CORTE MADERA

MUNICIPAL CODE TO AMEND CHAPTERS 18.18 – SPECIAL PURPOSE OVERLAY DISTRICTS AND 18.31 – ACCESSORY DWELLING UNITS TO 1) MAKE ACCESSORY DWELLING UNITS (“ADUS”) CONVERTED FROM EXISTING FLOOR SPACE, AND ALL JUNIOR ACCESSORY DWELLING UNITS, SUBJECT TO THE EXISTING ADU CAPACITY LIMITATIONS IN THE CHRISTMAS TREE HILL OVERLAY DISTRICT,

2) PROVIDE AN OPTION FOR DISCRETIONARY REVIEW TO ALLOW NON-CLERESTORY WINDOWS IN ADUS; AND 3) MAKE OTHER NONSUBSTANTIVE

CLEAN-UP CHANGES AND CLARIFICATIONS TO CHAPTER 18.31 ___________________________________________________________________________

WHEREAS, the availability of housing is a substantial concern for individuals of all demographics, ages, and economic backgrounds in communities throughout the State of California; and

WHEREAS, accessory dwelling units (“ADUs”) offer lower cost housing to meet the needs of existing and future residents while ensuring that they remain compatible with the existing neighborhood; and

WHEREAS, the 2009 General Plan, and 2011 and 2015 Housing Element updates included policies and programs to support and create affordable housing, a diverse range of housing types, including accessory dwelling units, and implementation through the adoption of amendments to the Corte Madera Zoning Ordinance; and

WHEREAS, the State of California has established that a local agency may, by ordinance, provide for the creation of ADUs in single family and multi-family residential zones and that ordinances may designate areas within the jurisdiction of the local agency where ADUs are not permitted based on the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety; and

WHEREAS, state laws related to the review and approval of ADUs apply whether or not a local agency has adopted a local ordinance; and

WHEREAS, it is the intent of the Town Council to adopt amendments to the existing ADU ordinance that have the effect of providing for the creation of ADUs and that provisions in this ordinance relating to matters including unit size, parking, fees, and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create ADUs in zones in which they are authorized by local ordinance; and

WHEREAS, the State of California has made several legislative changes since 2016 intended to increase the supply of ADUs by limiting a local jurisdiction’s ability to impose certain standards, review processes, and fees, as codified in California Government Code Section 65852.2 and 65852.22; and

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WHEREAS, on December 6, 2016, in response to state legislation, the Town Council of the Town of Corte Madera adopted substantial amendments to the Town’s ADU regulations to comply with state legislation adopted at that time and added provisions for the development of junior accessory dwelling units (“JADUs”); and

WHEREAS, the Town adopted the Christmas Tree Hill Overlay District in 1994 (as set forth in Section 18.18 of the Town of Corte Madera Municipal Code (“CMMC”)) and, at that time recognized the unique development conditions of Christmas Tree Hill, which create a potential for public safety hazards. The unique development conditions of Christmas Tree Hill that create a public safety hazard are:

(1) The roads on Christmas Tree Hill are steep, narrow and winding;(2) There are many small developed lots with severely limited off-street parking;(3) Christmas Tree Hill is heavily vegetated and developed with numerous older, wooden

structures resulting in high fuel loading and severe fire hazard;(4) The road configuration and proliferation of on-street parking limit emergency access to all

Christmas Tree Hill residents and property, as well as evacuation of residents in the eventof fire, natural disaster, or other emergency; and

WHEREAS, in acknowledgement of these unique conditions, CMMC Section 18.18.405 and 18.18.410 limit the number of ADUs within a substantial portion of Christmas Tree Hill to avoid jeopardizing the safety of persons residing in the area related to traffic flow, fire hazards and emergency evacuation, and infrastructure capacity; and

WHEREAS, the Town’s ADU ordinance adopted in 2016 exempted ADUs located within an existing structure and JADUs from the capacity limits established in the Christmas Tree Hill Overlay District; and

WHEREAS, since 2016, public safety concerns about fire risk and evacuation challenges within portions of Christmas Tree Hill have intensified because of the recent increase in wildfires in northern California, which have resulted in significant loss of life and property; and

WHEREAS, the Marin County Civil Grand Jury Report on Wildfire Preparedness dated April 18, 2019 notes that areas in the Wildland Urban Interface (WUI) – which includes the portion of Christmas Tree Hill that is subject to ADU capacity limitations – are at greater risk of wildfires due to the surrounding vegetation and proximity to wildlands. The grand jury report notes that houses built on hills are frequently connected to safety only by narrow, winding roads that lack shoulders and have a steep drop on one side. The report further notes that the topography and overgrown vegetation in these areas make Marin County vulnerable to catastrophic evacuation failures; and

WHEREAS, to protect public safety in light of the heightened fire risks and evacuation hazards in Christmas Tree Hill, the Town Council has determined that all types of ADUs, including ADUs within an existing structure and JADUs, should be subject to the capacity limits established in the Christmas Tree Hill Overlay District; and

WHEREAS, residential units within the capacity limitation districts of Christmas Tree Hill Overlay District comprise approximately 6.8% of the residential units within the Town of Corte Madera; and

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WHEREAS, because the vast majority of residential properties within the Town of Corte Madera are not within the Christmas Tree Hill Overlay District capacity districts, and are therefore not subject to ADU capacity limits, the overall effect of the Town’s ADU ordinance continues to be to increase the supply of smaller and more affordable housing while ensuring that they remain compatible with the existing neighborhood; and

WHEREAS, the Planning Commission discussed proposed amendments to Chapter 18.31 (Accessory Dwelling Units) on May 14, 2019 and August 13, 2019; and

WHEREAS, on October 22, 2019, the Planning Commission held a public hearing, received the staff report and reviewed a presentation from the Planning Department and received comments from the public and interested parties; and

WHEREAS, on October 22, 2019 by Resolution No. 19-021, the Planning Commission did consider and recommend, by a vote of 4-0, with one Commissioner absent, that the Town Council adopt amendments to the Town of Corte Madera Zoning Ordinance; and

WHEREAS, on December 3, 2019, the Town Council of the Town of Corte Madera conducted a public hearing on the item, and considered all oral and written comments submitted to the Town regarding the item prior to taking its actions on the item and introduced Ordinance No. 992 to repeal and replace Chapter 18.31 (Accessory Dwelling Units) and amend Chapters 18.04 (Definitions), 18.18 (Special Purpose Overlay District), and 18.20 (Off-street Parking and Loading) related to Accessory Dwelling Unit regulations; and

WHEREAS, on January 21, 2020, the Town Council of the Town of Corte Madera adopted Ordinance No. 992 to repeal and replace Chapter 18.31 (Accessory Dwelling Units) and amend Chapters 18.04 (Definitions), 18.18 (Special Purpose Overlay District), and 18.20 (Off-street Parking and Loading) related to Accessory Dwelling Unit regulations; and

WHEREAS, based on public safety concerns associated with increased fire and evacuation risks on Christmas Tree Hill, on January 21, 2020, the Town Council directed staff to bring back to the Town Council for consideration further amendments to Chapters 18.18 and 18.31 to restrict additional units in the Christmas Tree Hill Overlay District; and

WHEREAS, on January 31, 2020, notice of the Corte Madera Planning Commission public hearing on the proposed Zoning Ordinance amendments was sent by email to all those who signed up for the ADU interested parties list and the Planning and Building Weekly Newsletter newsflash item, was posted at the Town’s fire station, Town Hall, library and post office, and was posted to the Town’s website and on Nextdoor; and

WHEREAS, on February 1, 2020, notice of the Planning Commission public hearing was published in the Marin Independent Journal in compliance with California Government Code Section 65090 and posted in public places throughout Town; and

WHEREAS, on February 11, 2020, the Planning Commission held a public hearing, received the staff report and reviewed a presentation from the Planning Department and received comments from the public and interested parties, and

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WHEREAS, by Resolution No. 20-003, the Planning Commission did consider and recommend, by a vote of 4-1 that the Town Council adopt amendments to the Town of Corte Madera Zoning Ordinance to (1) make ADUs converted from existing floor space and all JADUs subject to the existing ADU capacity limitations in the Christmas Tree Hill Overlay District, (2) provide for an option for discretionary review to allow non-clerestory windows in ADUs, (3) and make other non-substantive and clean-up changes; and

WHEREAS, on February 21, 2020, notice of the Corte Madera Town Council public hearing on the proposed Zoning Ordinance amendments was sent by email to all those who signed up for the ADU interested parties list and the Planning and Building Weekly Newsletter newsflash item, was posted at the Town’s fire station, Town Hall, library and post office, and was posted to the Town’s website and on Nextdoor; and

WHEREAS, on February 21, 2020, notice of the Town Council public hearing was published in the Marin Independent Journal in compliance with California Government Code Section 65090 and posted in public places throughout Town; and

WHEREAS, on March 2, 2020, the Town Council of the Town of Corte Madera conducted a public hearing on the item, and considered all oral and written comments submitted to the Town regarding the item prior to taking its actions on the item.

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF CORTE MADERA DOES HEREBY ORDAIN AS FOLLOWS:

Section 1. Recitals

The foregoing recitals are true and correct and are incorporated into the findings herein.

Section 2. Record

The Record of Proceedings (“Record”) upon which the Town Council makes its recommendation includes, but is not limited to:

(1) the 2009 General Plan, (2) the FEIR certified for the 2009 General Plan, including the appendices and technical reports cited in and/or relied upon in preparing the FEIR, (3) the Housing Element update adopted by the Town Council in 2015, including the adopted environmental determination (4) all staff reports, Town files and records and other documents prepared for and/or submitted to the Town Council related to the adoption of ADU-related Zoning Ordinance amendments, including but not limited to Ordinance No. 992 and Ordinance No. 993.

Section 3. Compliance with the California Environmental Quality Act (CEQA)

Based on the Record, the Town Council finds the ordinance amendments are not subject to the California Environmental Quality Act (CEQA). The ordinance amendments are exempt from CEQA under statutory exemption 15282(h) to allow implementing regulations for accessory dwelling units consistent with Government Code Section 65852.2.

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Section 4. General Plan Consistency

The Town Council of the Town of Corte Madera hereby finds that the proposed Zoning Ordinance amendments to Chapters 18.18 and 18.31, are in the best interest of the Town because they further establish goals, policies and implementation programs of the General Plan to promote housing opportunities, maintain a diverse range of housing options, provide infill housing that is potentially affordable, encourage the improvement of existing housing stock while preserving quality of life in residential zones. The ordinance amendments also implement specific policies of the Housing Element by modifying and improving the existing accessory dwelling unit provisions to ensure consistency with state code while balancing the implementation of the General Plan as a whole. The Zoning Ordinance amendments balance the promotion of housing in Corte Madera with the General Plan policies and implementation programs established to protect the Town from risks associated with fire hazards.

The amendments specifically are consistent with and implement the following General Plan and Housing Element policies and programs:

Goal H-2 Use land efficiently and sustainably. Develop a variety of housing to meet community needs and to promote sustainability.

Policy H-1.4 Variety of housing choices. In response to the broad range of housing needs in Corte Madera, the Town will strive to achieve a mix of housing types, densities, affordability levels and designs. The Town will work with developers of nontraditional and innovative housing approaches in financing, design, construction and types of housing to meet local housing needs.

Policy H-2.1 Housing to meet local needs. Provide for the development of new housing to meet the diverse economic and physical needs of existing residents and projected population capacity by planning for adequate sites and supporting programs to achieve Corte Madera’s Regional Housing Needs Allocation.

Policy H-2.15 Second dwelling units. Encourage well designed, legal second units in all residential neighborhoods.

Policy H-2.16 Second dwelling units in new development. Require new second units as part of new detached single family dwelling subdivision development where five or more new units are proposed.

Implementation Program H-2.15.a Second unit ordinance. Continue to implement the second unit ordinance.

Implementation Program H-2.15.c Second unit fees. Encourage the development of second units by waiving or reducing fees as follows: consider waiver or reduction of the second unit permit application fee. Work with special districts, e.g. water and sanitary, to reduce or waive connection and/or service fees.

Implementation Program PSH – 1.1.c: Firefighting Access. Continue to require access for emergency vehicles and firefighting equipment on all new and redevelopment projects. The Town shall also identify the feasibility of constructing additional emergency access improvements, such as additional vehicle pullouts at key hillside locations, limiting or restricting on-street parking at key hillside locations, and potential for construction of new or improved emergency access routes.

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Implementation Program PSH – 1.2.a: Vegetation Management. Continue to aggressively enforce vegetation management as required by the Fire Code.

Implementation Program PSH – 1.3.d: Wildland Urban Interface Ordinance. Continue to implement the Wildland Urban Interface Ordinance.

Policy PSH – 2.1. Establish and maintain an effective emergency response program that anticipates the potential for disasters.

Implementation Program PSH – 2.1.b: Community Based Disaster Plan. Continue to involve community-based disaster response planning that involves local businesses and neighborhoods.

Implementation Program PSH – 2.1.c: Emergency Response Plan. Regularly update and publicize the Town’s Emergency Response Plan to include evacuation routes, emergency connectors, and emergency shelters in conformance with state guidelines through the Library, Town website, local radio and other community outreach sources.

Implementation Program PSH 2.1.d: Emergency Drills. Hold regular emergency preparedness drills, and include the services of the Community Emergency Response Training, Marin OES and related emergency services agencies and groups.

Implementation Program PSH – 2.1.e: Natural Hazards Awareness. Promote awareness and caution among residents regarding possible natural hazards, including landslides, earthquakes, flooding, and fire hazards through a publicized disaster plan.

Implementation Program PSH – 3.1.a: Ingress and Egress Routes. Work with the Christmas Tree Hilldweller’s Association and similar groups to identify emergency ingress and egress routes, including opportunities for construction of periodic vehicle pullouts.

Implementation Program PSH – 3.2.a: Emergency Vehicle Access. Increase accessibility to emergency vehicles in hillside areas and improve evacuation routes through construction of vehicle pullouts and through exploration of road widening or construction in selected wildland fire hazard areas. Section 5. Amendment To The Corte Madera Municipal Code. Subsection 18.18.405(3)(K) and Subsection 18.18.410 of Chapter 18 of the Corte Madera Municipal Code are amended, as shown in strike-out (deleted) and underline (added) text, as follows: 18.18.405(3)(K)

Consistent with the recognition of the unique physical constraints on Christmas Tree Hill that create public safety concerns, as described in Section 18.18.400 (1-4), this section seeks to limit and distribute accessory dwelling units and junior accessory dwelling units on the Hill, acknowledging that, if overdeveloped, accessory dwelling units and junior accessory dwelling units will jeopardize the health and safety of persons residing in the area. “Overloading the capacity of the neighborhood” is defined as the number of accessory dwelling units and junior accessory dwelling units exceeding ten percent of the total number of primary residential units existing in the area on August 2, 1994 on the date this section becomes effective. Christmas Tree Hill has been divided into capacity districts. In

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each capacity district, the percentages of the total allowable accessory dwelling units and junior accessory dwelling units are as follows: Capacity District Percent

1 10 2 7 3 7 4 8 5 7 6 11 7 7 8 8 9 8 10 14 11 13

Example: With two hundred fifty dwelling units on Christmas Tree Hill, a total of twenty-five accessory dwelling units/junior accessory dwelling units are permitted within the capacity districts. Capacity District 4, with eight percent of the total dwelling units, is allowed two accessory dwelling units, two junior accessory dwelling units, or one of each. 18.18.410 (a) In recognition of the approximate pattern of town-approved accessory dwelling units to date, to minimize public safety impacts of accessory dwelling units and junior accessory dwelling units in any particular area given the unique characteristics of Christmas Tree Hill set forth in Section 18.18.400 (1-4), and to provide for an even, equitable distribution of these accessory dwelling units and junior accessory dwelling units, capacity districts have been delineated as shown on the Christmas Tree Hill capacity map (See Figure 16). (b) Accessory dwelling units and junior accessory dwelling units on parcels greater than twenty thousand square feet in size shall not be considered overloading the capacity of the neighborhood, and therefore shall not be included in calculating the maximum allowable number of accessory dwelling units and junior accessory dwelling units. (c) Interior accessory dwelling units and junior accessory dwelling units as defined in Chapter 18.31 shall not be included in calculating the maximum allowable number of accessory dwelling units per capacity district. (c) The allowed maximum total number of accessory dwelling units and junior accessory dwelling units shall include existing legal accessory dwelling units and junior accessory dwelling units and future accessory dwelling units and junior accessory dwelling units, except those excluded above. If a capacity district already contains more than its allotted number, by virtue of the existence of legal conforming and legal nonconforming accessory dwelling units and junior accessory dwelling units, these units shall not be rendered illegal by the provisions of this section.

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Section 6. Amendment To The Corte Madera Municipal Code. Subsection 18.31 of Chapter 18 of the Corte Madera Municipal Code is repealed and replaced as follows: Chapter 18.31 - ACCESSORY DWELLING UNITS/JUNIOR ACCESSORY DWELLING UNITS 18.31.010 - Purpose. The purpose of this chapter is to establish the procedures and development standards for the ministerial, non-discretionary processing of applications for new accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”) in compliance with California Government Code Section 65852.2 and Section 65852.22 and consistent with the policies, goals and programs of the Housing Element of the General Plan. ADUs and JADUs increase the overall supply of housing within established residential neighborhoods or as part of new residential subdivisions, while maintaining the existing character of the neighborhood. Such units are intended to increase the supply of smaller, more affordable housing within existing residential neighborhoods and provide independent living units for prospective and current residents, including family members, students, local employees, the elderly, in-home health and childcare providers, and single adults, among others. The intent of the Town in adopting the code section is to ensure that the Town’s ordinance has the effect of providing for the creation of ADUs and JADUs and that the provisions in this ordinance relating to matters including size, parking, and other development standards are not arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create ADUs or JADUs consistent with state law intended to promote their development. 18.31.020 - Definitions. "Accessory dwelling unit” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. “Accessory dwelling unit – attached” means an accessory dwelling unit that is constructed as a physical expansion (i.e. addition) of the primary dwelling unit and shares a common wall with the primary dwelling unit. “Accessory dwelling unit – detached” means an accessory dwelling unit that is constructed as a separate structure from the primary dwelling unit. “Accessory dwelling unit – interior” means an accessory dwelling unit that is created within an existing structure as defined in this chapter. “Efficiency unit” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. “Efficiency kitchen” shall have the same meaning as defined in California Government Code Section 65852.22, as amended from time to time. “Existing structure” means an existing permitted or otherwise legal single family residence, including all fully enclosed areas such as a partial basement, an attached garage, or an accessory structure that can be made safety habitable under building codes.

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“Junior accessory dwelling unit” shall have the same meaning as defined in California Government Code Section 65852.22, as amended from time to time. “Kitchen” means a room or portion thereof containing permanent facilities designed and used for food preparation, cooking, eating and dish washing. A kitchen shall include all of the following: a sink with hot and cold running water; a stove-top/cook-top or an oven; a refrigerator; and built-in dish and utensil storage spaces. In addition to the aforementioned improvements, a kitchen may also include any of the following: microwave, convection oven, hot plate or automatic dishwasher. “Living area” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. “Local agency” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. “Neighborhood” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. “Non-conforming zoning condition” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. “Passageway” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. “Proposed dwelling” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. “Public transit” means a location, including but not limited to, a bus stop or train station, where the public may access buses, trains, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. Public transit does not include school bus stops associated with bus routes operated seasonally or only during school hours for the intended purpose of serving students, even if the general public may access such bus service; or school bus routes provided by a school district for the exclusive use of students. “Tandem parking” shall have the same meaning as defined in California Government Code Section 65852.2, as amended from time to time. 18.31.030 – Permit required – detached and attached ADUs. An ADU permit is required for the creation of an attached or detached ADU as defined in Section 18.31.020 above, except as provided below: (1) The ADU is a detached structure that has a floor area no greater than 800 square feet and maintains a minimum 4 foot side yard and rear yard setback. (2) The ADU(s) is located on a parcel with an existing multi-family building. Detached and attached ADUs not subject to the ADU permit procedures shall comply with Section 18.31.050 regarding submittal of a building permit application and an Accessory Dwelling Unit Checklist. 18.31.035 – ADU Application – detached and attached ADUs. For all ADU permits, an application shall be submitted to the Planning Department on prescribed forms that demonstrates that the ADU complies with the requirements contained in this chapter.

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18.31.040 – Procedures for detached and attached ADUs. The Zoning Administrator or his/her designee shall issue an ADU permit as a ministerial permit. The application shall be processed within the timelines established by California Government Code Section 65852.2. In addition to an ADU permit, the applicant shall also be required to obtain a building permit prior to the construction of a detached or attached ADU. 18.31.045 – Notice. A courtesy notice that includes a description of the project shall be provided for all attached ADUs and for detached ADUs greater than 800 square feet as defined in Section 18.31.020 above at least ten days prior to a decision by the Zoning Administrator. The notice shall be mailed to all owners within 300 feet of the project site. No public hearing shall be required. 18.31.050 – Procedures for Interior ADUs and JADUs. (1) An ADU permit shall not be required if a proposed unit meets all of the following conditions:

a) The unit is fully contained within an existing structure as defined in Section 18.31.020 above or increases the gross floor area of an existing accessory structure by no more than 20 percent or 150 square feet, whichever is greater.

b) The unit is located on a parcel that permits residential uses. c) The unit has an exterior access independent from the existing residence. Access from the

public right-of-way to the unit may be provided through the front yard, side yard or rear yard of the primary residence.

d) The unit has side and rear setbacks sufficient for fire safety as determined by the Fire Marshal.

(2) For any ADU Any structure that does not require an ADU permit, an applicant may submit a building permit application directly to the Building Department. An Accessory Dwelling Unit Checklist on the Town form shall be submitted to the Planning Department at the same time of building permit submittal to ensure that the above requirements are met.

(3) A JADU is exempt from an ADU permit. An applicant and may submit for a building permit application directly to the Building Department. A Junior Accessory Dwelling Unit Checklist on the Town form shall be submitted to the Planning Department at the same time of building permit submittal to ensure that the above requirements are met.

18.31.060 - Deed restriction required – JADUs. All JADUs are subject to deed restriction requirements. The Town shall require the property owner to record a deed restriction in the official records of Marin County, California in a form approved by the Town Attorney. The deed restriction shall run with the land, and shall be binding on future owners, heirs, or assigns. Proof of recordation shall be submitted to the Planning Department prior to issuance of a building permit. 18.31.070 –General requirements – ADUs/JADUs. All ADUs/JADUs shall be subject to the following standards: (1) Allowable units on residential lots with a proposed or existing single-family dwelling:

a) One ADU or one JADU may be constructed within an existing or proposed single family dwelling or within an accessory structure, except as limited by Section 18.18.405(3)(K); and

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b) One detached, new construction, ADU consistent with Section 18.31.080, except as limited by Section 18.18.405(3)(K). provided in Section 18.31.110. The detached, new construction, ADU may be combined with in addition to a JADU described in Section 18.31.070(1)(a) above.

(2) ADU(s) shall be allowed on a parcel with an existing multi-family dwelling consistent with state law except as limited by Section 18.18.405(3)(K).

(3) Owner Occupancy.

a) Owner Occupancy (ADU) – owner occupancy is not required for either the primary residence or the ADU.

b) Owner Occupancy (JADU) – owner occupancy is required for either the JADU or the remaining portion of the single family residence.

(4) Street addresses shall be assigned to all ADUs to assist in emergency response responders. Address creation for a JADU may be required depending on the configuration of the unit, and subject to the Fire Marshal’s recommendation.

(5) The ADU/JADU shall not be sold independently of the primary dwelling on the parcel. (6) The ADU/JADU shall not be rented for less than 30 consecutive days. (7) Permanent Foundation. A permanent foundation shall be required for all ADUs. (8) Adequate Services. The proposed method of water supply and sewage disposal via the Sanitary

District No. 2 for the ADU/JADU must be provided, as well as service availability from any associated electric and gas provider for the lot. Letters of service availability must be provided by the appropriate utilities service provider(s) for the lot. The property owner must also demonstrate existing or future legal access to these utilities.

(9) Survey. The owner shall be required to respond to the Town of Corte Madera’s annual survey regarding the occupancy and monthly rent charged for the ADU/JADU and any other information as deemed necessary by the Director of Planning and Building.

18.31.080 – Development standards - ADUs. (1) Separate Entry, Kitchen and Bathroom. All ADUs shall contain a separate entrance, kitchen

and bathroom independent of the primary residence. (2) Zoning Conformance. All ADUs shall meet all development standards of the Zoning District

in which it is located except as modified by this section. (3) Location. Detached ADUs shall be separated from the primary dwelling and any accessory

structures by a minimum of 3 feet. (4) Height. An attached ADU or detached ADU shall not exceed 16 feet in height; or, when more

than 50% of the gross floor area of an ADU is located above an existing or proposed garage, the entire combined structure shall not exceed 25 feet in height.

(5) Bedrooms. All ADUs are limited to a maximum of two bedrooms. (6) Size. ADUs shall be subject to all of the following requirements related to size.

a) Except as provided in subsection (b), ADUs shall be limited to the following maximum sizes:

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Fewer than two bedrooms 850 square feet of gross floor area Two bedrooms 1,000 square feet of gross floor area

b) ADUs may exceed the above maximum unit sizes provided in subsection (a) following submittal of an application and approval of a discretionary Design Review application by the Planning Commission. In no case shall an the ADU exceed 1,200 square feet of gross floor area.

c) The gross floor area of attached or interior ADUs shall not exceed 50% of the existing living area (as defined in California Government Code Section 65852.2, as amended from time to time) of the primary residence. Notwithstanding the prior sentence, the an attached or interior ADU may contain at least 800 square feet of gross floor area.

d) The minimum allowable gross floor area of an ADU shall be the minimum size permitted by the Building Code at the time of application, but in no case shall it preclude a minimum sized efficiency unit.

(7) Lighting. All exterior lighting, including landscape lighting, must be dark sky compliant and/or have a BUG (Backlight, Uplight, Glare) rating of B5 or less, U0 or less and G5 or less. All new exterior lighting must be designed and installed so that the filaments, light sources or lenses are shielded with opaque materials in such a way that they will not be visible at property lines. The exterior lights shall have a color temperature of 3500 Kelvin or lower (warm not cool).

(8) Landscaping. Any tree over 30 inches in circumference removed in conjunction with the construction of an ADU must be replaced by a minimum 24 inch box tree on the project site, unless it is determined by the Fire Marshal that replacement planting is not feasible consistent with current vegetation management standards. If a tree permit is required to remove a tree, then a tree permit shall be obtained pursuant to the tree permit requirements set forth in Chapter 15.50 of the Municipal Code.

(9) Windows. a) All windows that face a side or rear yard adjoining a side yard or rear yard of an adjacent adjoining property and are located within 15 feet of the shared property line shall be clerestory (minimum of 6.5 feet above the finished floor height), except that this standard does shall not apply if a structure on the adjacent adjoining property does not have any non has only clerestory windows on the building elevation that faces the ADU. Notwithstanding the prior sentence, non-clerestory windows may be allowed on the building elevation that faces the side or rear yard adjoining a side or rear yard of an adjoining property located within 15 feet of that shared property line following approval of a discretionary Design Review application by the Zoning Administrator, or with written approval from the adjoining property owner whose property faces the window(s). For purposes of this sub-section (9), an adjoining property means a property that touches at some point the property with the ADU.

b) All windows that face a rear yard adjoining a rear yard or side yard of an adjacent property that are located within 15 feet of the shared property line shall be clerestory (minimum of 6.5 feet above the finished floor height), except that this standard does shall not apply if a structure on

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the adjacent property does not have any non has only clerestory windows on the building elevation that faces the ADU.

(10) Grading. The site grading associated with the construction of an ADU, including associated site work, shall not exceed 50% of the volume of the structure. The volume of the structure shall not include area above the height of perimeter walls, such as the volume of attic space associated with a pitched roof.

(11) Setback for a structure converted to an ADU. No setback shall be required for an existing living area or accessory structure that is fully or partially converted to an ADU, or for a structure constructed in the same location and to the same dimensions as an existing living area or accessory structure that is fully or partially converted to an ADU.

(12) Flood Plain. An attached or detached ADU located in the a flood plain shall comply with Title 16 of the CMMC.

(13) Prior Discretionary Approvals. The ADU shall be compliant with any other requirements associated with prior land use entitlements (e.g. Design Review) granted for the subject property, unless such requirements have been amended through required approval processes.

(14) Permits from Other Agencies. As part of the application for an ADU permit or building permit, the applicant shall provide approved permits from the appropriate agency(cies) or written statements that a permit is not required from the local, state or federal agencies with jurisdictions over construction activities at the project site.

(15) Notwithstanding the above development standards, an attached or detached ADU may reduce the applicable rear yard or side yard setback requirements to 4 feet, and may exceed applicable lot coverage and floor area ratio, pursuant to state law. The maximum allowable size of any ADU that exceeds standards related to lot coverage or floor area ratio, or reduces rear or side setback beyond otherwise applicable standards, is 800 square feet of gross floor area.

18.31.090 – Development standards - JADUs. JADUs are subject to the following objective standards. (1) Entryways. A JADU must include a separate entrance from the main entrance to the primary

residence, and may include an interior entry to the main living area. If an interior entry to the main living area is provided, then the JADU may include a second interior doorway for sound attenuation.

(2) Location. The JADU must be created within the existing walls of an existing single family residence and must include an existing bedroom.

(3) Kitchen. The JADU shall include an efficiency kitchen as defined in California Government Code Section 65852.22.

(4) Bathroom. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

(5) Size. The size of a JADU shall not exceed 500 square feet of gross floor area. The gross floor area of a shared sanitation facility shall not be included in the maximum gross floor area of the unit.

(6) Zoning Conformance. Any exterior improvements associated with the development of a JADU shall conform to zoning regulations and any existing land use entitlements on the property.

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18.31.100 – Parking. (1) Unless otherwise specified in Section (2) below, one on-site parking space in a location

permitted pursuant to this chapter shall be required for an attached or detached ADU as defined in Section 18.31.020 above. This parking space is in addition to those spaces required for the primary residence. The parking space for the ADU may be uncovered.

(2) On-site parking is not required for an ADU in any of the following instances: a) The ADU is located within one-half mile walking distance of public transit as defined in

Section 18.31.020 above. b) The ADU is located within an architecturally and historically significant historic district. c) The ADU is contained entirely within an existing structure as defined in Section 18.31.020

above. d) When on-street parking permits are required but not offered to the occupant of the ADU. e) When there is a car share vehicle located within one block of the ADU.

(3) The required parking space for the ADU may be located in any configuration on the same lot as the accessory dwelling unit, including, but not limited to, as covered spaces, uncovered spaces, or tandem spaces, or by the use of mechanical automobile parking lifts. With approval of the Public Works Director or his/her designee, the required parking space for the ADU may be located within the required front yard setback within the existing driveway or proposed expanded driveway. Alternatively, with the approval of the Public Works Director or his/her designee, the required parking space for the ADU may be located within the front setback between an existing driveway and the closest side property line.

(4) When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU, the space(s) eliminated from that structure are not required to be replaced elsewhere on the lot.

18.31.110 – ADUs & JADUs in the Christmas Tree Hill Overlay District. Sections 18.18.400 – 18.18.425 of the Municipal Code establishes limits on the number of ADUs and JADUs that can be created within portions of the Christmas Tree Hill Overlay Zone District. These limitations are in place because of the public safety issues that arise related to fire hazards and evacuation routes due to the unique physical constraints on Christmas Tree Hill. The combined number of ADUs and JADUs in the ADU capacity districts of Christmas Tree Hill is limited to ten percent of the total number of primary residential units. The total combined number of ADUs and JADUs in the ADU capacity zones in Christmas Tree Hill Overlay District shall not exceed the total number permitted by Sections 18.18.405(3)(K) and 18.18.410 of this title. However, the limitations set forth in Section 18.18.405(3)(K) shall not apply to an interior ADU contained within an existing structure or a JADU. To protect the capacity districts established in the Christmas Tree Hill Overlay District, any new square footage of an attached addition or new square footage of a detached structure shall be in existence for five years before the space can be converted to an ADU. The start of the five-year period shall begin on the date when the building permit is signed-off by the Building Official or his/her designee. 18.31.120 – Review of the record. The decision of the Zoning Administrator granting or denying an ADU permit is a ministerial decision as required by state law, and shall not be subject to a public hearing. Following the decision of the Zoning Administrator, a request for a review of the record must be filed within ten calendar days of the date of the decision with the Town Clerk. Within ten calendar days after receipt of the request for review of the record, the Town Manager, or his/her designee, shall conduct a review of

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the record based on all documents submitted as part of the application and review process. For the purpose of calculating the ten days for review of the record, the request for review will be deemed to be received on the first day Town Hall is open to the public after receipt of the request. The fee to request a review shall be a flat fee of $300. The ADU applicant and individual(s) filing for the review shall be notified in writing of the decision and such decision shall be final. 18.31.130 – Termination of permit and use. At his/her discretion, the Planning Director or his/her designee may grant an owner’s request to terminate an ADU/JADU. As a condition of termination, the Planning Director or his/her designee shall require the owner to make modifications to the property to comply with current building code requirements, and remove the kitchen in the ADU/JADU. The property owner shall apply for a building permit to remove the kitchen as required by the Town’s building and fire codes. Section 7. Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the ordinance. The Town Council hereby declares that it would have passed this and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases or clauses be declared unconstitutional on their face or as applied. Section 8. Effective Date This ordinance shall go into effect thirty (30) days after the date of its passage and adoption. Section 9. Posting The Town Clerk shall cause a summary of this ordinance to be published in the Marin Independent Journal within 5 days prior to passage and within 15 days after passage.

* * * * * * * * * * * *

This ordinance was introduced on the 2nd day of March, 2020, and adopted on the 17th day of March, 2020 by the following vote: AYES: NOES: ABSTAIN: ABSENT: RECUSED:

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_______________________________

JAMES ANDREWS, MAYOR

ATTEST:

_________________________________ REBECCA VAUGHN TOWN CLERK

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Attachment 2 March 2, 2020 Town Council staff report without out attachments

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CORTE MADERA TOWN COUNCIL

STAFF REPORT REPORT DATE: February 27, 2020 MEETING DATE: March 2, 2020 TO: Town Council FROM: Martha Battaglia, Senior Planner SUBJECT: Introduction of Ordinance No. 993 to amend Chapters 18.18 (Special Purpose

Overlay District) and 18.31 (Accessory Dwelling Units) related to Accessory Dwelling Unit regulations to (1) Make Accessory Dwelling Units (“ADUs”) converted from existing floor space, and all Junior Accessory Dwelling Units, subject to the existing ADU capacity limitations in the Christmas Tree Hill Overlay District, (2) Provide an option for discretionary review to allow non-clerestory windows in ADUs, and (3) Make non-substantive clean-up changes and clarifications to Chapter 18.31

RECOMMENDED ACTION: That the Town Council introduce Ordinance No. 993 to amend Chapters 18.18 (Special Purpose Overlay Districts) and 18.31 (Accessory Dwelling Units) related to Accessory Dwelling Unit (ADU) regulations (Attachment 1). BACKGROUND: On May 14, 2019, August 13, 2019, and October 22, 2019, the Planning Commission discussed proposed amendments to the Town’s ADU ordinance. On October 22, 2019, the Planning Commission adopted Resolution No. 19-021 recommending that the Town Council repeal and replace Chapter 18.31 and approve amendments to Chapters 18.04 (Definitions), 18.18 (Special Purpose Overlay District), and 18.20 (Off-street Parking & Loading). The Town Council conducted a public hearing and introduced Ordinance No. 992 on December 3, 2019 to repeal and replace Chapter 18.31 and amend Chapters 18.04, 18.18, and 18.20 related to Accessory Dwelling Unit regulations. The Town Council adopted Ordinance No. 992 on January 21, 2020 (Attachment 2). This ordinance went into effect on February 21, 2020. The ADU regulations adopted in Ordinance No. 992 exempted from the existing ADU capacity limitations in Christmas Tree Hill Overlay District ADUs created from existing spaces and all Junior Accessory Dwelling Units (JADUs). At the January 21, 2020 meeting, the Town Council raised concerns about allowing the creation of any additional ADUs and JADUs within the Christmas Tree Hill Overlay District given recent wildfires and the public safety issues that

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could arise given the fire hazards and evacuation challenges in Christmas Tree Hill. Based on those concerns, the Town Council directed staff to bring back for the Council’s consideration an ordinance amending the ADU regulations to restrict additional units in the Christmas Tree Hill Overlay District. The meeting minutes from the January 21, 2020 Town Council meeting are included as Attachment 3. Based on direction provided by the Town Council, the Planning Commission held a public hearing on February 11, 2020 to consider further amendments to Chapters 18.18 and 18.31 to (1) make ADUs converted from existing floor space (i.e. basements, garages & accessory structures), and all JADUs, subject to the existing ADU capacity limitations in the Christmas Tree Hill Overlay District, and (2) make a variety of clean-up changes and non-substantive clarifications recommended by staff. Three members of the public provided comments at the February 11, 2020 Planning Commission meeting on the proposed zoning ordinance amendments. One person spoke in opposition to limiting ADUs converted from existing floor space and JADUs within Christmas Tree Hill. Two people spoke in support of the amendments to make ADUs converted from existing floor space and all JADUs subject to the existing ADU capacity limitations in the Christmas Tree Hill Overlay District. A summary of the public comments are included in the draft Planning Commission minutes (Attachments 4). Comment letters were also submitted prior to the Planning Commission hearing. The comment letters addressed fire safety concerns in Christmas Tree Hill, concerns with limiting ADUs in Christmas Tree Hill, and concerns with the window development standard. As part of the discussion at the Planning Commission hearing, staff noted that there are other potential policies that could be considered by the Town to achieve the desired goal of minimizing the number of vehicles evacuating from Christmas Tree Hill during an emergency, such as limiting the number of bedrooms and off-street parking spaces for the primary residence. Staff also noted that more extensive studies would be required before the number of ADUs within other areas of Town could be limited. The Planning Commission approved Resolution No. 20-003 (Attachment 5) by a vote of 4-1, recommending that the Town Council adopt the proposed amendments to Chapters 18.18 and 18.31 before the Planning Commission, with an additional revision to include an option for discretionary design review to allow for non-clerestory windows in situations where the Town’s existing regulations require only clerestory windows. Proposed Ordinance No. 993 includes the proposed amendments recommended by the Planning Commission, as well as additional non-substantive clean-up changes that do not change the meaning or intent of Ordinance No. 992. The modifications to the window standard in the proposed ordinance would allow non-clerestory windows on an ADU wall that faces a side yard or rear yard adjoining a side or rear yard of an adjoining property and located within 15 feet of the shard property line following approval by staff of a discretionary Design Review application or with written approval from the adjoining property owner whose property faces the windows(s). The proposed ordinance amendment to the window standard clarifies that an adjoining property is a property that touches the property with the proposed ADU at some point.

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This development standard would not apply in situations where an adjacent property does not share a property line with the adjacent parcel where an ADU is proposed. Refer to Attachment 1, Section 18.31.090(9) for the proposed modification to the window development standard. Additional staff reports, attachments, minutes, videos of meetings are also accessible at the Town’s Accessory Dwelling Unit Ordinance Webpage https://www.townofcortemadera.org/639/Accessory-Dwelling-Units. DISCUSSION: The Town’s ADU ordinance currently limits the number of ADUs in a substantial portion of the Christmas Tree Hill Overlay District. The Christmas Tree Hill Overlay District comprises eleven capacity districts and each capacity district is allotted an allowable number of ADUs. Eight of the eleven capacity districts are at maximum capacity; therefore, an amendment to make all types of ADUs and JADUs subject to the capacity limits would essentially preclude any additional ADUs or JADUs within those portions of Christmas Tree Hill that are subject to the ADU capacity limitations.

A small portion of the Christmas Tree Hill Overlay District falls outside of the ADU capacity districts. Approximately 30 of the 280-285 residential parcels within the Christmas Tree Hill Overlay District lie outside of the ADU capacity districts and are not subject to the ADU capacity limits that apply elsewhere within the capacity districts of the Christmas Tree Hill Overlay District.

As of December 2019, there are approximately 277 to 282 residential units in the portion of the Christmas Tree Hill Overlay District that is subject to ADU capacity limitations. Approximately 250-255 of those residential units are single-family residences and the remaining 27 residential units are ADUs. In Corte Madera as a whole, there are approximately 4,131 residential units, of which approximately 3,206 are single-family residences (based on Corte Madera’s participation in the 2017 American Community Survey).

At the time that the Christmas Tree Hill Overlay District was adopted there were 250 dwelling units, and a total of 25 ADUs were allowed. The allowable ADUs are distributed among the eleven capacity districts. These limitations are in place based on findings made by the Council in 1994 and readopted again in 2016 and earlier in 2020 regarding public safety issues that arise due to the unique development conditions in most areas within Christmas Tree Hill. The unique development conditions of Christmas Tree Hill create a public safety concern are the following:

(1) The roads on Christmas Tree Hill are steep, narrow and winding. (2) There are many small developed lots with severely limited off-street parking. (3) Christmas Tree Hill is heavily vegetated and developed with numerous older, wooden

structures resulting in high fuel loading and severe fire hazard. (4) The road configuration and proliferation of on-street parking limit emergency access to

all Christmas Tree Hill residents and property, as well as evacuation of residents in the event of fire, natural disaster, or other emergency.

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The Town’s ADU ordinance adopted in December 2016, as well as the ADU ordinance re-adopted by the Council earlier this year in Ordinance No. 992, exempts ADUs located within an existing structure and all JADUs from the capacity limits established in the Christmas Tree Hill Overlay District. Since 2016, public safety concerns about fire risk and evacuation challenges within portions of Christmas Tree Hill have intensified because of recent wildfires in northern California, which resulted in significant loss of life and property. The Marin County Civil Grand Jury Report on Wildfire Preparedness dated April 18, 2019 states as follows: “About 69,000 homes in Marin are in the WUI. Due to surrounding vegetation and proximity to wildlands these areas are considered to be at greater risk of wildfires. In the WUI, many residential communities are in steep, box canyons with only one entry or exit road. Houses built on hills are frequently connected to safety only by narrow, winding roads that lack shoulders and have a steep drop to one side. Roads in these areas also snake through the hills covered by dense vegetation. The topography and overgrown vegetation of this county makes us vulnerable to catastrophic evacuation failures.” In light of these concerns, the Town Council will consider further amendments to the recently adopted ADU ordinance to make all types of ADUs and JADUs subject to the existing Christmas Tree Hill ADU capacity limits established in Section 18.18.405(3)(K) of the Municipal Code. The vast majority of residential properties within the Town of Corte Madera are not within the ADU capacity districts of the Christmas Tree Hill Overlay District and are therefore not subject to ADU capacity limits. Therefore, even with the proposed amendment, the overall effect of the Town’s ADU regulations will still be to increase the supply of smaller and more affordable housing while ensuring that they remain compatible with the existing neighborhood. In addition to the amendments related to ADUs and JADUs located within the ADU capacity limitation districts of the Christmas Tree Hill Overlay District, staff asks the Town Council to consider additional non-substantive clean-up changes and clarifications to Chapter 18.31. These additional changes do not change the meaning or intent of the ordinance adopted by the Town Council on January 21, 2020. Finally, the proposed draft ordinance also includes a proposed modification to the window standard as recommended by the Planning Commission on February 11, 2020. As required by state law, the Town submitted the previously adopted ADU ordinance (Ordinance No. 992) to the Department of Housing and Community Development (HCD) for review. As outlined in Government Code Section 65852.2, HCD may submit written findings to the Town as to whether the ordinance complies with state law. The Town will also submit any future amendments to the ADU ordinance to HCD for review, including the amendments that are before the Town Council for consideration in Ordinance No. 993. The Town has received several comment letters since the Town Council adopted Ordinance No. 992 on January 21, 2020. Those letters are included as Attachment 6. The public comments address fire safety concerns in Christmas Tree Hill, opposition to limiting ADUs and JADUs in Christmas Tree Hill, concerns with the proposed window development standard, and potential privacy impacts resulting from non-clerestory windows on an ADU. The public comments received prior to the January 21, 2020 Town Council meeting were included as an attachment to that staff report and are available at the following link:

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https://legistarweb-production.s3.amazonaws.com/uploads/attachment/pdf/512606/6.B._Staff_Report_and_Attachments.pdf FISCAL IMPACT: None. ENVIRONMENTAL IMPACT: The proposed ordinance and ordinance amendments are not subject to the provisions of the California Environmental Quality Act (CEQA). The ordinance and amendments are exempt from CEQA under statutory exemption 15282(h) to allow implementing regulations for accessory dwelling units consistent with Government Code Section 65852.2. OPTIONS: 1. Introduce Ordinance No. 993 2. Provide direction to staff about further revisions to the proposed ordinance. 3. Take no action at this time. ATTACHMENTS: 1. Draft Town Council Ordinance No. 993 2. Ordinance No. 992 3. Town Council Minutes from the January 21, 2020 meeting 4. Draft Planning Commission Minutes from the February 11, 2020 meeting 5. Planning Commission Resolution No. 20-003 6. Public Comments

O:\Planning Department\SUBJECT FILES\ADU Second Unit\Ordinance Update 2019\TC Meeting 12.3.19\ADU Staff Report 12.3.19.doc

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Attachment 3 Comment Letter

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From: Michael HarlockTo: Adam Wolff; Todd CusimanoCc: Martha Battaglia; Deborah Gallegos; techart@earthlink.netSubject: Latest ADU revisionsDate: Wednesday, March 4, 2020 9:33:38 AM

Hi Adam & Todd, (Please distribute to the Council and Town Attorney) I was surprised, to say the least, that this collection of amendments was approved at first reading bythe Council on Monday evening: This, especially after hearing from Adam and the Town Attorneythat their current understanding of State HCD’s direction, would find the revisions in violation ofState ADU provisions. The population “explosion” on Christmas Tree Hill is not a result of the trickle of ADU’s approved onthe Hill. It is much more the result of numerous grandfathered apartments (without parking),together with replacement of small cottages with 3000-4000 SF houses with many more occupants. Besides providing important diversity in housing types; ADU’s offer long-residing single parents andempty nesters the means of staying in their homes. (Mr. Kunhardt’s testimony was compelling in thisregard.) One can also plausibly make the case, which I have raised regarding home occupations, thatHillside areas are safer with a resident daytime population, who can assist emergency efforts betterthan residents working in San Francisco. And let’s not forget, ADU’s help meet the Town’s RHNAallocations without crowding them into fast disappearing Wincup sites. I believe the Town has an obligation to seek further legal council and State approval for this unequaltreatment of similarly zoned and situated properties (read Chapman Hill); before enacting thisdraconian prohibition. Respectfully, Michael Harlock533 Redwood Avenue

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4.C.

CORTE MADERA TOWN COUNCIL

STAFF REPORT

REPORT DATE: March 10, 2020

MEETING DATE: March 17, 2020

TO: Honorable Mayor and Members of the Town Council

FROM: Jared Barrilleaux, Senior Civil Engineer

R.J. Suokko, Director of Public Works

SUBJECT: Authorize the Director of Public Works to Approve the Plans and Contract

Documents and Advertise for Bids for the 2020 Accessibility Improvement Project

#20-001

RECOMMENDED ACTION:

Staff recommends that the Town Council authorize the Director of Public Works to approve the

plans and contract documents and advertise for bids for the 2020 Accessibility Improvement

Project #20-001.

BACKGROUND:

In June of 2019 the Town Council adopted the Fiscal Year 20/21 & 21/22 two-year Capital

Improvement Program budget, which included the 2020 Pavement Preventative Maintenance

Project. The goal of this project is to install a “slurry seal” or a thin asphalt overlay known as a

“thin bonded wearing course” to approximately 7 miles of Town streets (or about 20% of the Corte

Madera maintained road network), which spans 23 road segments.

During the design phase, staff determined that it was more advantageous to split the construction

effort into two distinct bid projects where the 2020 Accessibility Improvement Project would be

the initial phase in the two-step process. This initial project will satisfy compliance with the

Americans with Disabilities Act of 1990 by installing 65 accessible curb ramps at required street

corners and will also prepare the existing roadways by installing crack seal and asphalt “digout”

repairs in advance of the second project that will be brought to Council at a later date so that it can

be completed by early fall.

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DISCUSSION:

The separation of the over-arching project into two separate bid projects was driven by a desire to

better satisfy engineering practices, improve cost benefits, and reduce the potential for risks in

construction. Crack-sealing is an important component of most slurry seal projects and it is

recommended to be applied several months in advance of preventative maintenance treatments due

to its engineering properties relating to curing. Costs were also considered in this decision as the

scopes of each of the projects are likely to be performed by two distinct types of contractors; one

that is more skilled in concrete flatwork and asphalt repairs; another that specializes in preventative

maintenance treatments; and thus by bidding them separately it increases the probability of more

competitive bids. Lastly, given the initial project involves more potential for unforeseen conditions

we are able to reduce our risk of delay costs by deferring the second bid project several months to

when the construction completion of the first project is more certain.

Similarly, Public Works saw an opportunity to improve its Capital Improvement Program (CIP)

delivery and cost effectiveness by including two other smaller concrete projects into this larger bid

effort for improved economy of scale. In 2019 Public Works applied for multiple Safe Pathways

grants around Town. One of these successful grant application was to enhance pedestrian crossing

facilities at the intersection of Pixley Avenue and Redwood Avenue. Since these improvements

primarily involve concrete curb ramp work, which aligns with the scope of the 2020 Accessibility

Improvement Project, this intersection has also been added to the bid package. Also. Public Works

has recently received a growing number of requests for pedestrian safety enhancements along

Madera Boulevard between Tamalpais and Monona Drive and this project presents an ideal

opportunity to implement these safety improvements without delay.

FISCAL IMPACT:

The total estimated construction cost of this project is $640,000

Estimated Expenditures:

Engineer’s Construction Estimate $580,000

10% Construction Contingency $60,000

Total Estimated Expenditures $640,000

$50,000 has been awarded as grant funding from Safe Pathways, the funding mechanism for the

Safe Routes to Schools program. The remainder of $590,000 will be funded from Measure F Sales

Tax Revenue.

ENVIRONMENTAL IMPACT:

This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines).

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OPTIONS:

1. Authorize the Director of Public Works to Approve the Plans and Contract Documents

and Advertise for Bids for the 2020 Accessibility Improvement Project #20-001.

2. Take no action.

ATTACHMENTS:

Attachment A - Curb Ramp Locations (3 Pages)

THIS ITEM HAS BEEN REVIEWED AND APPROVED BY THE TOWN MANAGER.

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A- C

urb

Ram

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ocatio

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4.D.

CORTE MADERA TOWN COUNCIL

STAFF REPORT

REPORT DATE: March 5, 2020

MEETING DATE: March 17, 2020

TO: Honorable Mayor and Members of the Town Council

FROM: RJ Suokko, Director of Public Works

SUBJECT: Notice of Completion for the 2019 Slide Repair Project, Project No. 18-005

RECOMMENDED ACTION:

Authorize the Public Works Director to execute and record the attached Notice of Completion and authorize the

release of retention 35 days following action by your Council to Oak Grove Construction of San Rafael in the

amount of $20,056.91.

BACKGROUND:

In September of 2019 your Council authorized the Director of Public Works to award the construction contract

for the referenced project. On October 30, 2019, the Director of Public Works awarded the contract to the

lowest responsible bidder Oak Grove Construction for $364,363.00 with a 15% construction contingency of

$54,637.00 for a total cost of $419,000.00. The physical work was completed on February 21, 2020 in

accordance with the plans and specifications.

The project consisted of two “soldier pile” retaining walls to stabilize slide repairs adjacent to 150 Edison Avenue

and 57 Summit Drive; and landslide debris removal and installation of two catchment fences along Endeavor

Cove.

DISCUSSION:

In accordance with Public Contract Code the Notice of Completion signifies agency acceptance of the project and

triggers the minimum 35 day continuous holding period before retention is released. Staff has reviewed the project

and believes the contractor has completed the work in accordance with the project plans and specifications.

FISCAL IMPACT:

The project contract was for $364,363 with a contingency of $54,637 and total budget of $419,000. 38

2

Below is a summary of actual costs incurred during construction:

Final Contract Amount $401,138.13

Remaining Budget $17,861.87

Some contingency funds were used for extra work to repair critical drainage facilities above Endeavor Cove on

Ring Mountain after it was discovered that they were failing during the course of work.

In summary, the remaining budget of $17,861.87 will be returned to the Town’s sale tax fund.

ENVIRONMENTAL IMPACT:

Pursuant to Section 15301 (c) and 15304 (h) of the California Environmental Quality Act, this project is

categorically exempt from the provisions of that Act.

OPTIONS:

1. Authorize the Public Works Director to execute and record the attached Notice of Completion and authorize

the release of retention 35 days following action by your Council to Oak Grove Construction of Petaluma in

the amount of $20,056.91.

2. Take no action at this time.

ATTACHMENTS:

1. Photos of Completed Work

2. Notice of Completion

THIS ITEM HAS BEEN REVIEWED AND APPROVED BY THE TOWN MANAGER.

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Attachment 1 – Photos of Completed Work

150 Edison Drive – Soldier Pile Retaining Wall

57 Summit Drive - Soldier Pile Retaining Wall40

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Endeavor Cove – North New Catchment Fence

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Endeavor Cove – South Improved Catchment Fence

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ATTACHMENT 2

Notice of Completion

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RECORDING REQUESTED BY

TOWN OF CORTE MADERA

WHEN RECORDED MAIL TO

Town of Corte Madera Town Clerk 300 Tamalpais Drive Corte Madera, CA 94925

SPACE ABOVE FOR RECORDER'S USE ONLY

Recording Fees Exempted per Government Code Section 27383

NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN:

1. That the interest or estate stated in paragraph 3 herein in the real property herein described isowned by the Town of Corte Madera, 300 Tamalpais Drive, Corte Madera, CA 94925.

2. That the full name and address of the owner of said interest or estate is set forth in the precedingparagraph.

3. That the nature of the title of the stated owner is: In fee.4. That on February 21, 2020 a work of improvement on the real property herein described was

completed.5. That the name of the original contractor(s), if any, for said work of improvement was: Oak Grove

Construction, address 431 Payran St. Suite 101, Petaluma, CA 94952.6. That the name and address of the transferor is the same.7. That the real property herein referred to is situated in the Town of Corte Madera, County of Marin,

State of California, and is described as follows: 2019 Slide Repair Project, Project No. 18-005.8. Approved by Corte Madera Town Council at the March 17, 2020 Council Meeting.

I certify (or declare) under penalty of perjury that the TOWN OF CORTE MADERA foregoing is true and correct.

Town of Corte Madera Date and Place R.J. Suokko

Director of Public Works

Name

Street Address

City & State

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1 4.E.

CORTE MADERA TOWN COUNCIL

STAFF REPORT

REPORT DATE: March 12, 2020 MEETING DATE: March 17, 2020

TO: Honorable Mayor and Members of the Town Council FROM: Todd Cusimano, Town Manager SUBJECT: Authorize Town Manager to Execute an Amendment to the Town’s Existing Contract

with David Wilkinson for Expert Guidance and Services to the Parks and Recreation Department to Extend the Not to Exceed Amount From $40,000 to $50,000

RECOMMENDED ACTION: That the Town Council authorize the Town Manager to execute an amendment to the Town’s existing contract with David Wilkinson for expert guidance and services to the Parks and Recreation Department to extend the not to exceed amount from $40,000 to $50,000. BACKGROUND AND DISCUSSION: The Town Council, at its November 5, 2019 meeting, authorized the Town Manager to enter into a contract for up to $40,000 with David Wilkinson for expert guidance and services to the Parks and Recreation Department, while the Town completed a full recruitment for a new director. That recruitment has been completed and the Town has hired a new Parks and Recreation Director, who begins her employment on March 17, 2020. Due to the new director’s anticipated start date, it was necessary to extend Mr. Wilkinson’s contract by one month to ensure a smooth transition and continuity of operations within the Parks and Recreation Department. This extension increased the original contract by $10,000. Staff is not requesting a budget appropriation for the requested action at this time. Sufficient funds are available to stay within the approved budget, due to the current vacancy at the director level, as well as operational changes that have resulted in savings. FISCAL IMPACT: The original contract for FY 2019-20 was for approximately 400 hours at $100 an hour. Total cost for the contract this fiscal year was for $40,000. This amendment will increase the original contract by $10,000.

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ATTACHMENTS:

1. Original Agreement for Consultant Services

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ATTACHMENT 1

Services Agreement

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TOWN OF CORTE MADERAPROFESSIONAL SERVICES CONTRACT

THIS CONTRACT is made and entered into this lst day of November 2019, by andbetween the TOWN OF CORTE MADERA, hereinafter referred to as o'Town" and DavidWilkinson hereinafter referred to as "Consultant" whose address is (CONSULTANTADDRESS). TOWN and Consultant ("the Parties") hereby agree as follows:

RECITALS:WHEREAS, Town desires to retain a person or firm to provide the following service:Provide expert guidance and recommendations on personnel, operations and the recruitmentof a Director for the Parks and Recreation Department, for the Town; and

WHEREAS, Consultant warrants that it is qualified and competent to render the aforesaidservlces;

NOW, THEREFORE, for and in consideration of the Contract made, and the payments tobe made by Town, the parties agree to the following:

1. SCOPE OF SERVICES:A. Consultant agrees to provide all of the services described in Exhibit A attached

hereto and by this reference made part hereof. Consultant shall provide these servicesat the time, place, and in the manner specified in Exhibit A. Exhibit A is notintended to, and shall not be construed so as to, modifu or expand the terms,conditions or provisions contained in this Agreement. In the event of a conflictbetween this Agreement and any Exhibit or other document relating to the scope ofservices or payment, the terms of this Agreement shall control.

B. Changes to the Scope of Services shall be by written amendment to this Agreementand shall be paid at the rates set forth in Exhibit B or as otherwise agreed upon bythe parties in writing prior to the provision of any such additional services.

C. Standard of Performance - Consultant shall perform all services under thisAgreement in the manner and according to the standards currently observed by acompetent practitioner of Consultant's profession in California.

2. FURNISHED SERVICES:The Town agrees to:

A. Guarantee access to and make provisions for the Consultant to enter upon public andprivate lands as required to perform their work.

B. Make available all pertinent data and records for review

C. Provide general bid and Contract forms and special provisions format when needed.

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3. FEES AND PAYMENT SCHEDULE:The fees and payment schedule for furnishing services under this Contract shall be based onthe rate schedule which is attached hereto as Exhibit B and by this reference incorporatedherein. Said fees shall remain in effect for the entire term of the Contract. Consultant shallprovide Town with his/her/its Federal Tax I.D. number prior to submitting the first invoice.Consultant shall submit monthly invoices to Town in the form approved by Town. Suchinvoices shall at a minimum itemize the services performed as of the date of the invoice andset forth a progress report, including work accomplished, percent of each task completed,and plarrned effort for the next period.

4. MAXIMUM COST TO TOWN:In no event will the cost to Town for the services to be provided herein exceed themaximum sum of $40,000 (forby thousand dollars and zerc cents). The payments shallconstitute all compensation to Consultant for all costs of services, including but not limitedto, direct costs of labor of employees engaged by Consultant, travel expense, telephonecharges, copying and reproduction, computer time, and any and all other costs, expensesand charges of Consultant, its agents and employees. Only specific expenses requested andapproved in advance in writing by the Town Manager will be reimbursed. In no event shallTown be obligated to pay late fees or interest, whether or not such requirements arecontained in Consultant's invoice. As set forth in section 15 of this Contract, should thefunding source for this Contract be reduced, Consultant agrees that this maximum cost toTown may be amended by written notice from Town to reflect that reduction.

5. TIME OF CONTRACT:This Contract shall commence on the date this agreement is made as set forth above andshall terminate on January 30,2020. All Certificate(s) of Insurance must be received byTown prior to approval of this Agreement. Insurance must be current on the day theAgreement commences and if scheduled to lapse prior to termination date, must beautomatically updated before final payment may be made to Consultant. The final invoicemust be submitted within thirty (30) days of completion of the stated scope of services.

6. INSURANCE:o Commercial Automobile Liabilitv: Where the services to be provided under this

Contract involve or require the use of any type of vehicle by Consultant, Consultantshall provide comprehensive business or commercial automobile liability coverage,including non-owned and hired automobile liability, in the amount of $1,000,000.00.

Workers' Compensation: The Consultant acknowledges the State of Californiarequires every employer to be insured against liability for workers' compensation orto undertake self-insurance in accordance with the provisions of the Labor Code. IfConsultant has employees, a copy of the certificate evidencing such insurance, a

letter of self-insurance, or a copy of the Certificate of Consent to Self-Insure shall beprovide to Town prior to commencement of work.

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a Errors and Omissions, Professional Liabilitv or Malpractice Insurance:Consultant may be required to carry effors and omissions, professional liability ormalpractice insurance.

All required insurance policies shall remain in force through the life of this Contract andshall be payable on a "per occuffence" basis unless Town specifically consents to a "claimsmade" basis. The insurer shall supply Town adequate proof of insurance andlor a certificateof insurance evidencing coverages and limits prior to approval of this Agreement andcommencement of work. Should any of the required insurance policies in this Contract becancelled or non-renewed, it is the Consultant's duty to notiff the Town immediately uponreceipt of the notice of cancellation or non-renewal.

If Consultant is not required to carry an insurance coverage described above and/or isapproved to meet lower coverage limits, waivers and coverage limits and deductibles shallbe set forth on a waiver, Exhibit C, attached hereto.

Failure to provide and maintain the insurance required by this Contract will constitutematerial breach of this Contract. In addition to any other available remedies. Town maysuspend payment to the Consultant for any services provided during any time that insurancewas not in effect and until such time as the Consultant provides adequate evidence thatConsultant has obtained the required coverage.

7. ANTI DISCRIMINATION AND ANTI HARASSMENT:Consultant andlor any sub-Consultant shall not unlawfully discriminate against or harassany individual including, but not limited to, any employee or volunteer of the Town basedon race, color, religion, nationality, sex, sexual orientation, age or condition of disability.Consultant andlor any sub-Consultant understands and agrees that Consultant andlor anysub-Consultant is bound by and will comply with the anti-discrimination and anti-harassment mandates of all Federal, State and local statutes, regulations and ordinances.

8. SUBCONTRACTING:The Consultant shall not subcontract nor assign any portion of the work required by thisContract without prior written approval of the Town except for any subcontract workidentified herein. If Consultant hires a sub-Consultant under this Contract, Consultant shallrequire sub-Consultant to provide and maintain insurance coverage(s) identical to what isrequired of Consultant under this Contract and shall require sub-Consultant to nameConsultant and the Town as an additional insured. It shall be Consultant's responsibility tocollect and maintain current evidence of insurance provided by its sub-Consultants and shallforward to the Town evidence of the same.

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9. ASSIGNMENT:The rights, responsibilities and duties under this Contract are personal to the Consultant andmay not be transferred or assigned without the express prior written consent of the Town.

10. LICENSING AND PERMITS:The Consultant shall maintain the appropriate licenses throughout the life of this Contract.Consultant shall also maintain any and all permits which might be required by the work tobe performed herein.

11. BOOKS OF RECORD AND AUDIT PROVISION:Consultant shall maintain on a cuffent basis complete books and records relating to thisContract. Such records shall include, but not be limited to, documents supporting all bids,all income and all expenditures. The books and records shall be original entry books with ageneral ledger itemizing all debits and credits for the work on this Contract. In addition,Consultant shall maintain detailed payroll records including all subsistence, travel and fieldexpenses, and canceled checks, receipts and invoices for all items. These documents andrecords shall be retained for at least five (5) years from the completion of this Contract.Consultant will permit the Town to audit all books, accounts or records relating to thisContract or all books, accounts or records of any business entities controlled by Consultantwho participated in this Contract in any way. Any audit may be conducted on Consultant'spremises or, atthe Town's option, Consultant shall provide all books and records within a

maximum of fifteen (15) days upon receipt of written notice from the Town. Consultantshall refund any monies erroneously charged.

12. WORK PRODUCT/ PRE.EXISTING WORK PRODUCT OF CONSULTANT:Any and all work product resulting from this Contract is commissioned by the Town as a

work for hire. The Town shall be considered, for all pu{poses, the author of the workproduct and shall have all rights of authorship to the work, including, but not limited to, theexclusive right to use, publish, reproduce, copy and make derivative use of, the workproduct or otherwise grant others limited rights to use the work product.

To the extent Consultant incorporates into the work product any pre-existing work productowned by the Consultant, Consultant hereby acknowledges and agrees that ownership ofsuch work product shall be transferred to the Town.

Consultant shall fully defend, indemniff and hold harmless the Town, its officers, agentsemployees and each and every one of them, from and against any and all claims, actions,lawsuits or other proceedings alleging that all or part of the information prepared, produced,or provided by Consultant pursuant to this Agreement infringes upon any third party'strademark, trade name, copyright, patent or other intellectual property rights. Thisobligation shall survive any termination of this Agreement.

Page 4 of 12 Revised I l07l 8

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13. CONFIDENTIALITY OF TOWN INFORMATION:During performance of this Agreement, Consultant may gain access to and use Towninformation including but not limited to inventions machinery, products, prices, apparatus,costs, discounts, future plans business affairs, governmental affairs, processes, trade secrets,technical matters, systems, facilities, customer lists, product design, copyright, data, andother vital information (hereafter collectively referred to as "Town Information" that arevaluable, special and unique assets of the Town. Consultant agrees to protect all Towninformation and treat it as strictly confidential, and further agrees that Consultant shall notat any time, either directly or indirectly, divulge, disclose or communicate in any mannerany town information to a third party without the prior written consent of Town. Inaddition, Consultant shall comply with any Town policies governing use of Town's networkand technology systems. A violation by Consultant of this section shall be a materialviolation of this Agreement and shall justiff legal andlor equitable relief.

14. TERMINATION:A. Either party hereto may terminate this Contract without cause at any time. Notice of

termination shall be by written notice to the other parties and be either hand deliveredor sent by registered mail.

B. In the event of termination not the fault of the Consultant, the Consultant shall bepaid for services performed to the date of termination in accordance with the terms ofthis Contract so long as proof of required insurance is provided for the periodscovered in the Contract or Amendment(s). Consultant shall submit to the Town anitemized statement of services performed as of the date of termination. Theseservices may include both completed work and work in progress at the time oftermination. The Town shall pay Consultant for any services for whichcompensation is owed; provided, however, the Town shall not in any manner beliable for lost profits that might have been made by Consultant had the Agreementnot been terminated or had Consultant completed the services required by theAgreement. Consultant shall promptly deliver to the Town all documents related tothe performance of this Agreement in its possession or control. All such documentsshall be the property of Town without additional compensation to Consultant.

C. The Town shall have the right to temporarily suspend Consultant's performance inwhole or in part, by giving a written notice of suspension to Consultant. If the Towngives such notice of suspension, Consultant shall immediately suspend its activitiesunder this Agreement, as specified in such notice.

15. APPROPRIATIONS:The Town's performance and obligation to pay under this Contract is contingent upon anannual appropriation by the Town of Corte Madera Town Council ("Town Council"), theState of California or other third party. Should the funds not be appropriated, Town mayterminate this Contract with respect to those payments for which such funds are not

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appropriated. Town will give Consultant thirty (30) days' written notice of suchtermination. All obligations of Town to make payments after the termination date willcease.

Where the funding source for this Contract is contingent upon an annual appropriation orgrant from the Town Council, the State of California or other third party, the Town'sperformance and obligation to pay under this Contract is limited by the availability of thosefunds. Should the funding source for this Contract be eliminated or reduced, upon writtennotice to Consultant, the Town may reduce the Maximum Cost to the Town identified insection 4 to reflect that elimination or reduction.

16. RELATIONSHIP BETWEEN THE PARTIES:It is expressly understood that in the performance of the services herein. the Consultant. andthe agents and employees thereof, shall act in an independent capacity and as anindependent Consultant and not as officers, employees or agents of the Town. Consultantshall be solely responsible to pay all required taxes, including but not limited to, allwithholding social security, and workers' compensation.

17. AMENDMENT:This Contract may be amended or modified only by written Agreement of all parties

IS.ASSIGNMENT OF PERSONNEL:The Consultant shall not substitute any personnel for those specifically named in itsproposal unless personnel with substantially equal or better qualifications and experienceare provided, acceptable to the Town, as is evidenced in writing.

19. JURISDICTION AND VENUE:This Contract shall be construed in accordance with the laws of the State of California andthe parties hereto agree that venue shall be in Marin County, California.

20. INDEMNIFICATION:To the extent allowed by the California Government Code, the Town shall defend, holdharmless, and indemniff Consultant using legal counsel of the Town's choosing, againstexpense or legal liability for acts or omissions by Consultant occurring within the courseand scope of Consultant's performance under this Agreement except as provided below.

Consultant agrees to indemnify, defend, and hold Town, its employees, officers, and agentsharmless from any and all liabilities including, but not limited to, litigation costs and attorney's feesarising from any and all claims and losses to anyone who may be injured or damaged by reason ofConsultant's recklessness or willful misconduct in the performance of this Contract.

21. COMPLIANCE WITH APPLICABLE LAWS:The Consultant shall comply with any and all Federal, State and local laws, rules,regulations, ordinances and resolutions: including, but not limited to Marin Nuclear Free

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Zone and Living Wage Ordinance. Copies of any of the above-referenced local laws andresolutions may be secured from the Town Manager referenced in section 22. Consultantshall conform with the Americans With Disabilities Act of 1990 (42 U.S.C. l2l0l, et seq,)and any regulations and guidelines issued pursuant to that law and Labor Code sections1720, et seq. which require prevailing wages (in accordance with DIR determinations (seewww.dir.ca.gov) be paid to any employee performing work covered by Labor Code sections1720 et seq. Consultant shall pay to the Town when due all applicable business taxes. TheTown may deduct any delinquent business taxes, and any penalties and interest added to thedelinquent taxes, from its payments to Consultant.

In addition, the following NOTICES may apply:

1. Pursuant to California Franchise Tax Board regulations, the Town will automaticallywithhold 7%o from all payments made to vendors who are non-residents of California.

2. Consultant agrees to meet all applicable program access and physical accessibilityrequirements under State and Federal laws, as amended from time to time, that mayapply to services, programs or activities for the benefit of the public.

22. NOTICES:This Contract shall be managed and administered on Town's behalf individual namedbelow. Except as otherwise provided in this Agreement, any notice, submittal orcommunication required or permitted to be served on a party, shall be in writing and may beserved by personal delivery to the person or the office of the person identified below.Service may also be made by mail, by placing f,rrst-class postage, and addressed as indicatedbelow, and depositing in the United States mail to:

If to the TOLITN:

TOWN OF CORTE MADERAAttn: Todd Cusimano, Town Manager300 Tamalpais DriveCorte Madera, CA94925

If to the CONSULTANT.David Wilkinson

23. CONFLICT OF INTEREST:A. Consultant covenants that neither it, nor any officer or principal of its firm, has or

shall acquire any interest, directly or indirectly, that would conflict in any mannerwith the interests of the Town or that would in any way hinder Consultant'sperformance of services under this Agreement. Consultant further covenants that inthe performance of this Agreement, no person having any such interest shall be

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employed by it as an ofhcer, employee, agent or sub-Consultant, without the writtenconsist of the Town. Consultant agrees to avoid conflicts of interest or theappearance of any conflicts of interest with the interests of Town at all times duringthe performance of this Agreement.

B. Consultant shall comply with the requirements of the Political Reform Act,California Government Code sections 87200 et seq., and comply with the conflict ofinterest provisions of the Political Refor,m Act that generally prohibit individualsfrorrr making or partiuipating in the rnaking of decisiorrs l.hat will have a rrraterialfinancial effect on their economic interests. This includes individuals who makegovernment decisions or who serye in a staff capacity.

C. The indi who will provide services or perform work pursuant to thisare "Consultants" within the meaning of the Political Reform Act.Yes No If Yes is checked by Town, Consultant must,

within 30 days after execution of the Agreement ensure that all individuals subject tofiling requirements, file with Town the appropriate Statements of Economic Interests.

D. The above Statements of Economic Interest are public records subject to publicdisclosure under the California Public Records Act. Town may withhold all or aportion of any payment due under this Agreement until all required statements arefiled.

24. INTERPRETATION:The headings used herein are for reference. The terms of the Agreement are set out in thetext under the headings.

25. SEVERABILITY:If any provision of this Agreement, or any portion thereof, is found by any court ofcompetent jurisdiction to be unenforceable or invalid for any reason,such provision shallbe severable and shall not in any way impair the enforceability of any other provision of thisAgreement.

26. ENTIRETY OF CONTRACT:This Agreement constitutes the entire agreement between the parties relating to the subjectof this Agreement and supersedes all previous agreements, promises, representations,understandings and negotiations, whetherwritten or oral, among the parties with respect tothe subject matter hereof.

27. NO WAIVER:Waiver by either party of any breach or violation of any requirement of this Agreementshall not be deemed to be a waiver of any such breach in the future, or of the breach of anyother requirement of this Agreement.

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X Exhibit A. Scope of Services +{ilX Exhibit B. Fees and Payment d) "fu/,

X Exhibit C. Insurance Reduction/ Waiver e7-tu/

28. ACKNOWLEDGEMENT OF EXHIBITS:

J Check ExhibitsConsultanttsInitials

IN WITNESS WHEREOF, the parties have executed this Contract on the date first writtenabove.

CONSULTANT: APPROVED BY TOWN OFCORTE MADERA:

By: #*,TilM ByName: David Wilkinson

as F

ToddTitle: Town Manager

T

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EXHIBIT "A''SCOPE OF SERVICES

The services provided by the Consultant shall be as follows:

This Engagement anticipates expert advice, guidance and oversight within the Parks andRecreation Department, and to assist on the transition and recruitment of a new Director,

COORDINATOR may function as representative of Corte Madera in scheduling andcoordinating any activities related to the agreed to Scope of Services. All activities underthis Agreement shall be performed in a professional manner. COORDINATOR shall makeany documents and records relating to the Scope of Services available for review andloraudit evaluation by the Town at all reasonable times during the contract period.

COORDINATOR shall have no independent power to bind or commit the Town to anydecision or course of action, and shall not represent to any person or business that they havesuch power.

Scope shall include:

(1) Staffing:a. Evaluate organizational structure; including supervision, scheduling, staffing, part-

time employees;

b. Mentor, train and evaluate staff perfonnance;c. Develop succession plan;d. Oversee the recruitrnent of a new Director for the Parks and Recreation Department;

(2) Improvement of Processes:

a. Improve internal capital improvement process;

b. Evaluate and improve website, technology and registration process whereappropriate;

(3) Programming:a. Complete a community survey for programming and services;

b. Improve services and programs;(4) The Commission:

a. Improve staff reports/agenda setting process with Commission;b. Collaborate with the Commission throughout the transition process on the

recruitment of a new Director and all improvements to the decision making process;(5) Outside Partnerships/Best Practices

a. Survey community stakeholders to ensure strong partnerships;b. Develop opportunities to partner with Larkspur in every aspect of Parks and

Recreation;c. Evaluate best practices provided by other jurisdictions, as well as cost recovery

models and fee structures.

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EXHIBIT O'B''

FEES AND PAYMENT SCHEDULE

Consultant shall perform the services outlined in Exhibit A for a fee not to exceed themaximum sum indicated in section 4 of this Contract.

TOWN agrees to pay Consultant for services related the accomplishment of activitiesspecified in the Scope of Work and invoiced on a monthly basis as provided inSection 3 of the Agreement.

Pavment Schedule: Consultant shall receive $100 an hour upon the submission ofwork product summaries and service related invoices. Provided no default of thisagreement has occurred, Consultant shall be compensated, within thirty (30) days ofreceipt of monthly invoices, based on services specified above. Total payment shallnot exceed $40,000.

A11 changes and/or extra work shall be performed and paid for in accordance with thefollowing:

Only the Town Manager may authorize inwriting payment of expenses or extraandlor changed work. Consultant expressly recognizes that other TOWN personnelare without authoization to either order extra and/or changed work or waive contractrequirements. Failure of Consultant to secure the TOWN Manager's authorization forsuch extra and/or changed work shall constitute a waiver of any and all right toadjustment in contract price due to such unauthorized work. All changes to thescope of work or payments pursuant to this Agreement must be approved in writingprior to the work being performed.

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EXHIBIT "C'NINSURANCE REDUCTION/ WAIVER (if applicable)

All insurance provisions set forth in Section 6 of the Agreement are hereby waived exceptCommercial Automobile Liability. Worker's Compensation Insurance will be waived uponreceipt of a declaration from Consultant specifying that she has no employees and is exemptfrom the State requirement to carry Worker's Compensation Insurance

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1

4.F.

CORTE MADERA TOWN COUNCIL

STAFF REPORT

REPORT DATE: March 4, 2020

MEETING DATE: March 17, 2020

TO: Honorable Mayor and Members of the Town Council

FROM: Daria Carrillo, Finance Director

SUBJECT: February 2020 General Fund Revenue and Expenditure Report

RECOMMENDED ACTION:

That the Town Council approve the Revenue and Expenditure Report for the period ending

February 29, 2020.

BACKGROUND:

The attached revenue and expenditure reports are as of February 29, 2020 and reflect financial

activity transacted during 67% of the budget year. These reports include the General Fund only.

The first report shows revenue and expenditures by major category. The second shows

expenditures by department; revenues in the general fund are not categorized by department.

The reports show the total activity for the previous year and the activity through February 2019 as

well as the budget and activity through February 2020. The current year budget shown is the

Revised Budget as approved at the January 21, 2020 Town Council meeting.

Attachment #1 displays the information by category and Attachment #2 displays the information

by department. Revenue is not included on Attachement #2 as revenue in the general fund is not

recorded by department.

DISCUSSION:

Revenue:

As indicated on the attached document, the General Fund revenue received through February

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20,2020 is approximately 58% of the total budgeted for the fiscal year. Last year at this time, the

Town had received 56% of total General Fund revenue for the 2019-2020 fiscal year The Town

has received $336,911 less revenue than at the same time last year.

Property tax revenue has increased by $231,588, or 6.4%, compared to last year at this time.

Property tax accounts for approximately one third of the General Fund revenue. Property tax

revenue is received mainly in December (55%) and April (40%).

Sales tax revenue, which accounts for approximately one third of General Fund revenue, has

decreased by $650,833 compared to last year at this time. The Town has received six of the twelve

sales tax payments it will receive for the fiscal year. The decrease in sales tax was anticipated and

included in this year’s budget. In 2018-2019, the Town’s sales tax increased by approximately

$1.9 million, or 30%, as compared to 2017-2018. This was a one time increase due to a vendor in

town fulfilling several back orders, as well as the State implementing new software which resulted

in some of the 2017-2018 being received and posted in 2018-2019. The total sales tax received

for 2019-2020 as of February 29 is 60% of the total budgeted amount. Last year at the same time

the Town had received 58% of the total sales tax revenue received for 2018-2019.

The totals listed above do not include the Corte Madera local sales tax which is accounted for in a

separate fund and has increased by $324,005 as compared to last year. The increase is due to an

increase in the rate effective October 2018.

Expenditures:

Expenditures are at approximately 73% of budget, compared to 67% last year at the same time.

Expenditures are $3,000,874 more than last year at this time. Please note the following:

• Salaries have decreased by $1,936,090 as compared with last year. This is due to the fact

that fire services are provided by Central Marin Fire Authority as of March 2019. Last

year at this time, the Town employed fire employees and the salaries and benefits for those

employees are reflected in the activity through February 2019. Those salaries and benefits

were ultimately transferred to Central Marin Fire Authority, resulting in the negative

number in the Fire Department Salaries and Benefits Transferred category in the 2018-

2019 total activity column.

• Other Benefits have decreased by $271,424 for the same reason that salaries have

decreased, mainly the transfer of Fire Department employees to Central Marin Fire

Authority. Included in this category is health and welfare benefits and payroll taxes.

• Retirement expenditures have increased by $1,045,433. As approved at the January 21,

2020 Town Council meeting, the Town increased its contribution to the pension

stabilization trust by and additional $1 million as a result of the 2018-2019 ending fund

balance increasing by $3 million. Additionally, retirement costs have increased this year

due to an increase in the amount of $217,178 for unfunded CalPERS pension liability.

With respect to the Fire Department, the Town retains liability for the unfunded liability

for past service, while the normal CalPERS cost (the portion driven by payroll) is now the

responsibility of Central Marin Fire Authority.

• Outside Services have increased by $3,961,248. $3,534,157 has been paid to Central Marin

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Fire Authority for fire services. In previous years, the majority of this amount would have

been paid as salaries and benefits rather than outside services. Central Marin Fire Authority

was effective in March 2019. The mid year change distorts the comparison of categories

between years. Additionally, the payment for fire services is made on a quarterly basis

beginning this fiscal year, therefore the payment to Central Marin Fire Authority represents

75% of the payments for this fiscal year.

• Not including the Fire Department, salaries and benefits have increased by $340,821 for

Town employees. This includes a 3% increase to the salary schedule, step increases and

additional employees in the Engineering and Building Departments.

Please also notice the following on Attachment #1:

• Mayor and Council expenditures are at 55% of budget as compared to 86% at this time last

year. The decrease is mainly due to election expenditures in the previous year.

• Non Departmental expenditures are at 91%. Included in this category is the CalPERS

unfunded liability payment made in July in the amount of $1,391,795, payments of

$1,956,000 to the pension stabilization trust and a $250,000 payment to the OPEB trust.

Also included are payments made to various Joint Powers Authorities to which the Town

belongs. The JPA payments are generally due in July and include payments to Marin

Emergency Radio Authority ($41,809), Marin Housing Authority ($22,950),

Transportation Authority of Marin ($19,751), and Animal Control ($108,349). Overall,

Non Departmental payments have increased by $1,278,743 as compared to last year at this

time. $1 million of the increase is the additional payment made to the pension stabilization

fund. The majority of the remaining increase is due to the increase in the unfunded liability

payment made to CalPERS.

• Fire expenditures have increased by $791,575 are are at 74% as compared to 63% in the

previous year at this time. As noted above, beginning in this year, payments for fire

services are made on a quarterly basis. The expenditures shown on the report are for three

quarters of the fiscal year. Also included in this increase is a 2% increase to the salary

schedule and scheduled step increases.

• Police Department expenditures are also at 74%, the same percentage as last year at this

time, as payments for police services are also made on a quarterly basis. This was also the

case in the previous year. Police expenditures have increased by $66,694, or 2.5%, as

compared to last year at this time.

• Legal expenditures have increased by $141,320 and are at 85% of budget.

Overall, both revenues and expenditures are as expected for the current year.

FISCAL IMPACT:

There is no fiscal impact associated with this report.

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ENVIRONMENTAL IMPACT:

None.

OPTIONS:

1. Approve the Revenue and Expenditure Report as presented.

2. Direct staff to make changes to the report.

3. Take no action at this time.

ATTACHMENTS:

1. Attachment 1 – Budget Report by Category for the Period Ending February 29, 2020.

2. Attachment 2 – Budget Report by Department for the Period Ending February 29, 2020.

THIS ITEM HAS BEEN REVIEWED AND APPROVED BY THE TOWN MANAGER.

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ATTACHMENT 1

Budget Report by Category

64

Budget Comparison ReportCorte Madera, CA

2018‐2019

Total Activity

2018‐2019

YTD Activity

Percent 

Received/ 

Expended

2019‐2020 

Revised Budget

2019‐2020

YTD Activity

Percent 

Received/ 

Expended

through 

February 2019

through 

February 2020

Fund: 01 ‐ GENERAL FUND

Revenue400 ‐ PROPERTY TAX 6,629,879 3,630,352 54.76% 6,786,126 3,861,940 56.91%410 ‐ SALES TAX 8,129,176 4,712,981 57.98% 6,814,784 4,062,148 59.61%411 ‐ BUSINESS LICENSE 614,045 564,269 91.89% 589,000 556,572 94.49%412 ‐ PARAMEDIC TAX 493,105 270,873 54.93% 510,000 258,030 50.59%

1,199,914 713,003 59.42% 1,194,495 712,843 59.68%

414 ‐ PROPERTY TRANSFER TAX 156,552 90,859 58.04% 90,000 85,540 95.04%420 ‐ FRANCHISE FEES 1,195,057 523,003 43.76% 1,239,216 544,413 43.93%430 ‐ PERMITS AND FEES 1,854,812 1,145,350 61.75% 1,646,000 1,166,259 70.85%431 ‐ COST RECOVERY 187,116 89,802 47.99% 131,000 60,089 45.87%440 ‐ FINES 53,370 23,400 43.84% 30,800 34,305 111.38%450 ‐ LEASES 22,913 17,053 74.42% 22,800 17,579 77.10%451 ‐ RENTS 357,150 344,350 96.42% 360,000 345,750 96.04%452 ‐ INTEREST 311,539 90,429 29.03% 360,000 185,004 51.39%460 ‐ STATE REVENUE 154,141 72,057 46.75% 101,977 73,865 72.43%

0 0 0.00% 95,000 15,663 0.00%

490 ‐ OTHER REVENUE 598,204 36,284 6.07% 690,000 7,155 1.04%510 ‐ TRANSFERS IN 0 0 0.00% 155,000 0 0.00%

Total Revenue: 21,956,973 12,324,067 56.13% 20,816,198 11,987,156 57.59%

Expense600 ‐ SALARIES 5,433,195 4,174,614 76.84% 3,766,107 2,238,524 59.44%601 ‐ RETIREMENT 2,546,617 2,453,433 96.34% 3,659,256 3,498,876 95.62%602 ‐ OTHER BENEFITS 998,974 743,335 74.41% 845,007 471,911 55.85%603 ‐ RETIREE BENEFITS 720,280 595,876 82.73% 785,000 613,978 78.21%

‐2,990,901 0 0.00% 0 0 0.00%

611 ‐ OUTSIDE SERVICES 9,966,543 3,842,220 38.55% 10,514,162 7,803,468 74.22%36,403 15,754 43.28% 52,700 17,588 33.37%

14,031 11,535 82.21% 12,600 12,729 101.02%

265,912 171,860 64.63% 280,100 240,418 85.83%

168,460 89,420 53.08% 270,000 147,025 54.45%

616 ‐ VEHICLE MAINTENANCE 9,165 4,191 45.72% 21,500 5,758 26.78%19,673 9,752 49.57% 86,500 13,317 15.40%

619 ‐ EQUIPMENT RENTAL 5,579 2,934 52.59% 6,000 1,262 21.03%620 ‐ UTILITIES 351,073 212,312 60.48% 410,100 245,925 59.97%630 ‐ SUPPLIES 244,795 117,463 47.98% 296,300 179,503 60.58%640 ‐ DEBT SERVICE 79,413 79,413 100.00% 69,263 34,631 50.00%651 ‐ EQUIPMENT 3,539 0 0.00% 0 0 0.00%670 ‐ TRANSFERS OUT 812,059 0 0.00% 156,000 0 0.00%680 ‐ OTHER EXPENDITURES 202,407 119,962 59.27% 203,064 120,036 59.11%

Total Expense: 18,887,216 12,644,074 66.95% 21,433,659 15,644,948 72.99%

Total Fund: 01 ‐ GENERAL FUND: 3,069,757 ‐320,007 ‐617,461 ‐3,657,792

618 ‐ OTHER MAINTENANCE AND REPAIRS

615 ‐ BUILDING AND GROUNDS 

MAINTENANCE

413 ‐ TRANSIENT OCCUPANCY TAX

480 ‐ OTHER LOCAL AGENCY REVENUE

604 ‐ FIRE DEPT SALARIES AND BENEFITS 

TRANSFERRED TO CMF

612 ‐ TRAINING, EDUCATION, MEETINGS

613 ‐ DUES AND SUBSCRIPTIONS

614 ‐ EQUIPMENT MAINTENANCE

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ATTACHMENT 2

Budget Report by Department

66

2018‐2019

Total Activity

2018‐2019

YTD Activity

Through 

February 

2019

Percent 

Received/ 

Expended

2019‐2020

Revised 

Budget

2019‐2020

YTD Activity

Through 

February 

2020

Percent 

Received/ 

Expended

Fund: 01 ‐ GENERAL FUND

00 ‐ UNDESIGNATED 812,059 0 0.00% 156,000 0 0.00%

11 ‐ MAYOR AND COUNCIL 93,677 80,994 86.46% 120,400 66,594 55.31%

12 ‐ LEGAL 337,379 157,462 46.67% 355,000 298,782 84.16%

13 ‐ ADMINISTRATION 624,621 399,755 64.00% 623,786 417,895 66.99%

14 ‐ FINANCE 680,142 467,015 68.66% 820,553 498,748 60.78%

21 ‐ NON DEPARTMENTAL 3,727,277 3,327,322 89.27% 5,061,134 4,606,065 91.01%

30 ‐ FIRE DEPARTMENT 4,301,733 2,723,947 63.32% 4,769,710 3,515,522 73.71%

40 ‐ POLICE DEPARTMENT 3,590,587 2,705,341 75.35% 3,711,808 2,772,034 74.68%

52 ‐ PLANNING 651,322 402,637 61.82% 828,108 492,441 59.47%

53 ‐ BUILDING 615,357 346,381 56.29% 696,078 456,745 65.62%

954,636 595,965 62.43% 1,183,600 785,932 66.40%

2,083,090 1,188,331 57.05% 2,683,398 1,477,407 55.06%

80 ‐ RECREATION ‐ GENERAL FUND 415,336 248,923 59.93% 424,084 256,782 60.55%

Total Fund: 01 ‐ GENERAL FUND: 18,887,216 12,644,074 66.95% 21,433,659 15,644,948 72.99%

73 ‐ ENGINEERING/PUBLIC WORKS 

ADMINISTRATION

74 ‐ STREETS AND PARKS ‐ PUBLIC 

WORKS

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1

4.G.

CORTE MADERA TOWN COUNCIL

STAFF REPORT

REPORT DATE: March 2, 2020

MEETING DATE: March 17, 2020

TO: Honorable Mayor and Members of the Town Council

FROM: Daria Carrillo, Finance Director

SUBJECT: Accounts Payable Warrants, February 2020

RECOMMENDED ACTION:

Acknowledge and file: 1) warrant numbers 222620 to 222796 in the amount of $867,011.68, 2) transfers

to the payro1l account totaling $380,943.16 and 3) voided checks 222673 and 222685 in the amount of

$5,029.96.

BACKGROUND/DISCUSSION:

The attached Check Report, Attachment 1, was produced from the Town’s financial system. It includes

all warrants issued from the Bank of Marin operating account during the month of February 2020.

Warrants issued on behalf of Central Marin Fire Authority are not included. A separate Check Report will

be presented to the Central Marin Fire Authority Council.

In addition to the Bank of Marin operating account, the Town maintains a payroll account at Bank of

Marin. The payroll account is a controlled account for payroll transactions only. All payroll related items

will be paid from the payroll account. Nearly all of the transactions, including direct deposit payments to

employees, state and federal tax payments, and CalPERS payments for retirement and for medical

payments, are made electronically. Also paid through this account are reimbursements for retiree health

insurance.

In February 2020, the Town transferred $380,943.16 from the operating account to the payroll account for

payroll and payroll related expenditures. This does not include transfers made for Central Marin Fire

Authority payroll; those transfers will be included on a separate report to the Central Marin Fire Authority

Council.

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FISCAL IMPACT:

None.

ENVIRONMENTAL IMPACT:

This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines).

OPTIONS:

1. Approve the warrant listing as presented.

2. Take no action at this time.

ATTACHMENTS:

1. Attachment 1 – Check Report, February 2020

THIS ITEM HAS BEEN REVIEWED AND APPROVED BY THE TOWN MANAGER.

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ATTACHMENT 1

Check Report, February 2020

70

71

72

73

74

75

76

77

78

79

80

81

4.H.

MINUTES OF MARCH 2, 2020 1 2

REGULAR MEETING 3 OF THE 4

CORTE MADERA TOWN COUNCIL 5 6

Mayor Andrews called the Regular Town Council Meeting to order at Town Hall Council 7 Chambers, 300 Tamalpais Drive, Corte Madera, CA on March 2, 2020 at 6:30 p.m. 8

9 1. CALL TO ORDER AND ROLL CALL 10

11 Councilmembers Present: Mayor Andrews; Vice Mayor Beckman; Councilmembers 12

Bailey, Kunhardt and Ravasio 13 14

Councilmember Absent: None 15 16

Staff Present: Town Manager Todd Cusimano 17 Town Attorney Teresa Stricker 18 Director of Planning and Building Adam Wolff 19 Senior Planner Martha Battaglia 20 Town Clerk/Assistant Town Manager Rebecca Vaughn 21

22 SALUTE TO THE FLAG – Mayor Andrews led in the Pledge of Allegiance. 23

24 2. OPEN TIME FOR PUBLIC COMMENTS 25

26 DON WILBURG, 13 Seminole, stated he was before the Council four weeks ago regarding the 27 project on Baltimore and afterwards he spoke to the applicant who was very emotional and 28 who thanked him for his comments at the hearing. He questioned the process which tears 29 apart the community. He is a landscape architect and has been through the process several 30 times, and he asked that the Council discuss and address this in the future. 31

32 3. PRESENTATIONS – None 33

34 4. CONSENT CALENDAR 35

36 Mayor Andrews asked and confirmed there were no public comments or requests for 37 removal of items from the Consent Calendar. 38

39 A. Authorize Introduction and/or Adoption of Resolutions and Ordinances by Title40

Only.41 (Standard procedural action – no backup information provided)42

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B. Adopt Resolution No. 10/2020 Reaffirming Designation of the Town Manager as 1 Primary Representative to the Marin Emergency Radio Authority (MERA) Board 2 of Directors and Designating the Public Works Director As Alternate 3 Representative 4

5 C. Approval of Minutes of the February 18, 2020 Regular Town Council Meeting6

7 MOTION: Moved by Ravasio, seconded by Bailey, and approved unanimously by 8

the following vote: 5-0 (Ayes: Bailey, Beckman, Kunhardt, Ravasio and 9 Andrews; Noes: None) 10

11 To approve Town Consent Calendar Items A, B and C. 12

13 5. PUBLIC HEARINGS 14 15

A. Public Hearing to Consider Introduction of Ordinance No. 993 to amend16 Chapters 18.18 (Special Purpose Overlay District) and 18.31 (Accessory17 Dwelling Units) related to Accessory Dwelling Unit regulations to (1) Make18 Accessory Dwelling Units (ADUs) converted from existing floor space, and all19 Junior Accessory Dwelling Units (JADUs), subject to the existing ADU capacity20 limitations in the Christmas Tree Hill Overlay District, (2) Provide an option for21 discretionary review to allow non-clerestory windows in ADUs, and (3) Make22 non-substantive clean-up changes and clarifications to Chapter 18.3123

24 Recusals: 25 Vice Mayor Beckman recused himself due to a conflict of interest with his business which 26 sells pre-fabricated ADUs. Councilmember Kunhardt recused himself as well due to a 27 conflict of interest as a resident of Christmas Tree Hill. Both Councilmembers left the 28 Council Chambers. 29

30 Town Attorney Teresa Stricker reported that she has advised Councilmember Kunhardt 31 that based upon his ownership of a home in Christmas Tree Hill, he may under an 32 applicable FPPC regulation return and provide public comments on the item, stay in the 33 Chambers during public comment, but during all other portions cannot remain in the 34 Chambers. 35

36 Senior Planner Martha Battaglia gave an overview of the staff report and background 37 regarding amendments to Chapter 18.18 and 18.31 related to the Town’s ADU regulations. 38 Staff recommends the Council hold a public hearing, provide direction to staff regarding 39 further amendments, and decide whether to take action on adoption of the ordinance. 40

41 Councilmember Ravasio asked if this puts the Town at odds with State law. 42

43 Town Attorney Stricker stated there is a provision that allows for the Council to pose some 44

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limitations on ADUs based upon public safety concerns, parking capacity and other utility 1 type capacity issues. There is some language added recently to the State law that seems to 2 suggest that certain types of ADUs may not be restricted under that public safety exception; 3 however, it is unclear at this time as to how those provisions will be construed. As 4 discussed when Ordinance 992 came forward, the process is for all amendments to the 5 ADU ordinances must go through California Department of Housing and Community 6 development (HCD) and HCD will review and provide findings if HCD determines the 7 ordinance does not comply with State law. Anything adopted here would move forward to 8 HCD and the Town would potentially receive input regarding whether any amendment(s) 9 is consistent with State law. 10

11 Councilmember Ravasio asked if any other agencies in Marin were experiencing this issue 12 and were pursing it. 13

14 Ms. Battaglia noted staff is aware that the City of Larkspur has raised concerns with 15 allowing ADUs in certain portions of their community and their ordinance limits ADUs in 16 Madrone Canyon. They have also submitted their ordinance to HCD and have received no 17 comments back. 18

19 Mayor Andrews opened the public comment period. 20

21 Public Comments: 22

23 MICHAL HARLOCK, Christmas Tree Hill homeowner, stated there is no question there are 24 hazards on Christmas Tree Hill and Chapman Hill and was happy to hear about the 25 requirement for the State to review ordinances. He cited unequal ADU restriction 26 treatment under the law for certain neighborhoods, said the allocation formula developed 27 many years ago is arbitrary, and his two clients of his would be prevented from adding an 28 ADU within the existing structure which he believes is illegal. He also noted there are 12 29 illegal apartments in the vicinity, each barely having one parking space which results in 30 additional impacts from additional residents and reduced parking. 31

32 CHARLES VORHEES, Crescent Road, said his family purchased their home in 1985 and have 33 witnessed many natural disasters through the lens of concerned homeowners on Christmas 34 Tree Hill. He echoed comments of the previous speaker and said they take safety and fire 35 concerns seriously. The overlay district was inspired by the Oakland Hills fire and he 36 described actions to make it safer and considered the ordinance to be a taking of property 37 rights. 38

39 DAVID KUNHARDT, speaking on behalf of himself as a citizen and his wife Susan, Christmas 40 Tree Hill residents, said he has served on the Board of the Christmas Tree Hilldwellers 41 three times as President and safety has always been a priority. He also volunteers on the 42 NRG for the hill given the Board is now defunct. He said the Planning Commission’s 43

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recommendation for safety is to prohibit any new ADUs or JDUs even if they are within the 1 existing envelope of a structure, which contradicts State law. He spoke of outdated findings 2 describing the Hill which are no longer true and he cited reduction of vegetative fuels, 3 improvements with ingress/egress, cited this as an uncompensated taking, and voiced 4 opposition to complete prohibition of ADUs in Christmas Tree Hill. 5

6 LOUISE BROWN, 9 Summit Drive, cited her previous comments and correspondence on her 7 concerns with public safety and adding density on the Hill and said housing is needed but 8 needs to be done in a way that protects residents where densities are already in risk of 9 safety, should more people be added. Improvements made on the Hill are not sufficient, 10 given road widths, impassible areas, high vegetation and fuel loads, wooden structures, 11 ingress/egress issues, and fire and life safety risks. Limiting ADUs and JDUs on the Hill is 12 not the only answer to resident’s fire danger and safety but it is one thing that can be done 13 now, given its timeliness and she urged the Council to move forward with proposed 14 revisions. 15

16 LUCINA SMITH, Alta Way, asked the Council to consider adding the similar conditions for 17 Christmas Tree Hill to the Chapman Hill, cited significant difficulties with circulation and 18 traffic issues from Camino Alto around through Chapman, Alta Way and Sausalito. The 19 infrastructure will not support adding density to the area, said nothing has been done or 20 considered, voiced her opposition to ADUs and JDUs unless the Town imposes controls on 21 density, and she urged the Council to address these concerns. 22

23 MIKE ANDERSON, East Corte Madera, voiced concerns and spoke about the discretionary 24 review allowance for clerestory windows, stating they live next door to someone proposing 25 to build an ADU on top of his garage which looks directly down into their bedroom and 26 bathroom. He cited privacy issues and requirements for clerestory windows to be put into 27 additions within 15 feet of the property to protect privacy. The Council is considering an 28 option for discretionary review when someone does not meet those requirements and said 29 his architect neighbor created a plan that would not comply with building codes without 30 having non-clerestory windows, so he asked that he not be able to obtain this exception 31 given significant privacy issues to his family. 32

33 INGA MORRISON, 27 Lakeside Drive, referred to the ADU ordinance and voiced concerns 34 with tax assessment changes, provisions for additional parking, noise, increase in traffic, 35 people, school kids, cars, privacy and setbacks and questioned levels of rents, limits on ADU 36 rentals as they relate to vacation rentals, and requirements for owner occupancy. She also 37 asked about requirements for separate meters, sewer lines, and other utility additions and 38 impacts. 39

40 Mayor Andrews asked staff to briefly outline State law regarding ADUs. 41

42 Ms. Battaglia said per State law, an ADU must be allowed if there is an existing residence. It 43

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establishes minimum sizes of at least 850 square feet for a one bedroom and up to 1,000 1 square feet for a two bedroom unit. It allows for the ADU to be within 4 feet of a side and 2 rear yard setback and if the property is at its maximum lot coverage and floor area it allows 3 for at least an 800 square foot ADU. It removes many restrictions that may have been in 4 place previously with the intent to encourage them throughout communities. 5

6 It had requirements relating to owner occupancy for either the primary residence or the 7 ADU which has been eliminated, so it is now possible to rent out both residences without 8 owners being on premises. In certain instances, there could be an ADU and a JADU which 9 can exist when the JADU is created within the existing residence. A JADU is no more than 10 500 feet created in an existing home’s bedroom. A JADU can be added as well as a detached 11 ADU as well. It also allows for ADUs in multi-family properties and it limits many 12 requirements cities can impose. 13

14 Standards need to be objective standards and it is removing any discretionary review from 15 an ADU. The Town has had some conversations with HCD about meeting the minimum size 16 of an ADU and then having an option for discretionary review to be larger than that, so this 17 is something the current ordinance does do. 18

19 Lastly regarding parking, there are certain instances where no parking spaces are required 20 to be provided, for example, if the ADU is within an existing structure or within one-half 21 mile of a transit stop, and also if a garage is converted to an ADU. 22

23 Councilmember Ravasio asked if most ADU applications would simply be an over-the-24 counter process. 25

26 Ms. Battaglia said for many of them, yes. A person would submit a building permit 27 application which is routed to all Town departments to ensure standards are met. If it is an 28 attached ADU the permit would be the first step, but if it is a detached ADU less than 800 29 square feet or conversion of existing space, the applicant would submit directly for a 30 building permit. 31

32 Mayor Andrews asked if the Town cannot require applicants to apply for a separate water 33 meter or sewer hook-up. 34

35 Ms. Battaglia said no, but in some cases for a detached structure, people may elect to get a 36 separate meter especially if they are expecting to rent it out but it is not required. 37

38 Director of Planning and Building Services Adam Wolff noted that applicants do need to 39 meet requirements for adequate sewage and water capacity the same way an expansion of 40 an existing house must do the same thing. He also clarified that this has actually been a 41 non-discretionary process since 2001 for most ADUs but there were noticing requirements 42 and aspects of ADUs that had standards tied to them. Staff has been getting rid of what 43

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were supposed to objective standards but read more like subjective standards in the past. 1 The ordinance has very clear direction as to whether or not applicants meet standards or 2 not. 3

4 He said regarding numbers, in 2018 the Town had 7 ADUs that received building permits 5 and in 2017 there were less. The Council will review the Housing Element and Annual 6 Report at its next meeting where the number of ADUs in 2019 which he believes total 7. 7

8 Mayor Andrews asked if that includes the Preserve, and Mr. Wolff stated these will be 9 counted in the following year because they are just getting their building permits now. 10

11 Councilmember Bailey referred to process and said he saw in the report that it was 12 submitted for State comments. 13

14 Ms. Battaglia stated staff submitted the ordinance to HCD on February 3rd and have not 15 received any comments from them. The Town is required to send the ordinance within 60 16 days and there is nothing that requires the State with a timeline for comments and they 17 may choose not to provide comments. 18

19 Councilmember Bailey asked if it would be prudent to wait and receive comments from 20 HCD and asked if there was any urgency with the ordinance’s adoption. 21

22 Mr. Wolff replied there are two different ordinances and staff is currently waiting response 23 from HCD on the first ordinance and this ordinance will be more restrictive. HCD will not 24 officially opine unless there is an actual ordinance adopted but are offering technical 25 assistance with respect to staff submitting draft language but they are not going to officially 26 weigh in until they are required to. They are inundated with a backlog of ordinances 27 throughout the State, but this is an option staff and the Council could consider—developing 28 draft guidance on this particular ordinance. 29

30 Councilmember Bailey asked if the Town Attorney has conducted an analysis of objective 31 standards as to whether the Town is violating State law with the iteration of the current 32 proposed ordinance as it applies to Christmas Tree Hill. 33

34 Ms. Stricker responded that with respect to the piece of the ordinance relating to Christmas 35 Tree Hill, she thinks there is a question about whether it is consistent with State law. At 36 times, questions are asked that are attorney-client privilege and this would be if she was 37 being asked for a legal opinion. She can say as to this particular question there is language 38 in the new State law that would suggest that what the Town is trying to do may be 39 problematic. But, HCD has not yet determined how it will construe this provision and the 40 Town has received some initial, informal conversations from HCD staff that suggest the 41 Town can do this. 42

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Mr. Wolff said informally staff has had conversations with HCD staff on this particular issue 1 regarding allowing or precluding ADUs within an existing structure and the conversations 2 he has had with this staff member said it was not permitted. But again, it is difficult to 3 receive an official opinion from HCD given the Town is hearing different answers from 4 different people but this is the answer he heard directly from the person in charge at HCD 5 relating to the ADU ordinance discussion. 6

7 Councilmember Bailey asked if there were volumes of 4 to 6 JADU applications per year 8 and asked what this number relates to. 9

10 Ms. Battaglia said the Town has never received an application for a JADU. As far as the 11 ADUs since 2017 when State laws went into effect that removed many barriers, the Town 12 received 27 ADU applications. This includes the 8 at the Preserves. 13

14 Councilmember Bailey asked if there was any reason that the Town was reaching a 15 threshold here or he asked if the pace was consistent. 16

17 Ms. Battaglia said the pace seems pretty consistent over the last couple of years and staff 18 receives public questions inquiring about ADUs. 19

20 Mayor Andrews asked if staff has a sense of whether those applying for ADUs have been 21 owners who will occupy the property or someone else. 22

23 Ms. Battaglia said most common is for owners who reside at the property and they create 24 ADUs for a variety of reasons—to create space for a parent or child graduated from college, 25 people who are aging and looking to downsize and interested in living in the ADU and 26 renting out the primary residence. Given Marin County is very expensive, she did not think 27 it made sense to purchase a property and not live there. She has generally seen people 28 residing on the property and it makes sense for them to add an additional unit. 29

30 Mayor Andrews said of the three options, number 3 is to take no action at this time. He 31 asked what would be the implication of this and he asked if people on Christmas Tree Hill 32 might get vested rights a future Council would have problems removing. 33

34 Ms. Battaglia said if there is no action taken at this time, the interior ADUs and JADUs on 35 Christmas Tree Hill would not be limited and someone could convert a basement or 36 existing accessory structure. If they wanted to add a detached ADU or an attached ADU and 37 create floor space, these are subject to the existing capacity limitations. As part of 38 Ordinance 992 recently adopted, the Town created the 5 year rule which would require 39 someone to live there for 5 years before converting it to an ADU. 40

41 Councilmember Bailey asked if the Fire Chief, Police Chief or Public Works Director have 42 weighed in on whether the conditions are so intense that they have an opinion about this 43

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ordinance. 1 2

Mr. Wolff said this has not been presented to them in this way. He believes they are always 3 concerned about adding more vehicles, people and homes in areas with current fire danger, 4 but he did not want to specifically speak for them. They recognize much of this as coming 5 down from the State, so they are not weighing in legally. 6

7 Councilmember Bailey said one of the policy concerns he is struggling with is the relative 8 immediacy of fire danger as opposed to basic property rights to develop land. 9

10 Mr. Wolff said they would widen the scope and say to reduce density, period, in those fire 11 areas. 12

13 Councilmember Ravasio said he had a conversation with the Fire Marshal about this and he 14 also toured Christmas Tree Hill recently and viewed vegetation removal. He said he would 15 restrict the number of units and he said increasing density was not a good idea because it is 16 already very dense and the roads are incredibly narrow and tight which creates greater 17 risk. 18

19 Ms. Stricker said the Mayor asked a question as to whether the Council might create a 20 vested right if they do not act now. She clarified the Council would not and a future Council 21 would be free to consider the same issue before the Council tonight in understanding how 22 to weigh the policy in light of State law. 23

24 Mayor Andrews said the Town has no idea of when they might or might not hear back from 25 HCD regarding the ordinance that current exists, and Ms. Stricker confirmed. 26

27 Councilmember Bailey asked if there was a State-wide database that will provide a 28 continuum of objective standards being permitted and those that are not. 29

30 Ms. Battaglia said she has not heard of any such database and thinks it makes sense to post 31 other ordinances and staff can visit other town websites and look at their ADU ordinances 32 and have follow-up conversations with their staff about it. Also, HCD will be putting out a 33 memo that clarifies many of the questions, the timeframe of which is unknown but they are 34 working on it. 35

36 Mr. Wolff added that staff is discussing this at the County’s Planning Director groups along 37 with all jurisdictions, as well. But, he is afraid there may even be different responses from 38 people at HCD when they get back on this, but he knows there are others very interested in 39 receiving a definitive interpretation of State law, how it applies and whether cities have the 40 ability to restrict ADU for fire or other reasons as indicated by HCD. 41

42 Mayor Andrews said he vaguely recalls that when cities submit their General Plan or 43

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Housing Element for review, they could track which cities have submitted theirs and which 1 have been approved and asked if something comparable was done here. 2

3 Mr. Wolff said he thinks there are many nuances with the State law and it comes back to the 4 overall approach to ADUs in the first place in achieving housing goals, as well. But, staff is 5 part of other Marin County jurisdictions and posting all of their ordinances and links on a 6 county website which is a project they are working on this year with some grant funding 7 and they are following this on a monthly basis with other jurisdictions and responses they 8 are getting. 9

10 Ms. Stricker said there are cities across the State grappling with what to do and many 11 jurisdictions have passed emergency ordinances to get something on the books to comply 12 with State law and then have taken a slower approach. HCD is most likely being inundated 13 with ordinances at this time and it is very difficult to know from a staffing perspective how 14 fast they can go through it. They also must implement policies on how to construe new 15 State law once ordinances are received, so it will take some time. 16

17 Mayor Andrews said if the Council just outright restricts ADU in violation of the State law, 18 he asked what the penalty would be. 19

20 Ms. Stricker stated HCD would come back and likely tell the Town it violated State law. 21 There is a period of time the Town would have to hold a Meet and Confer with HCD. If HCD 22 determines at the end of the process, the Town is still not in compliance it can be referred 23 to the Attorney General for enforcement action against the jurisdiction and private parties 24 may have some recourse, as well. 25

26 Mayor Andrews asked what the enforcement action consists of. 27

28 Ms. Stricker replied the Attorney General would essentially sue the Town. 29

30 Councilmember Bailey asked for the understood load on a per unit basis for an ADU and a 31 JADU. 32

33 Ms. Battaglia said the Town does not have a metric per se, but with a JADU it is limited to 34 500 square feet so it is essentially conversion of a bedroom for one to two people. The 35 Town has not been tracking the number of people living in the ADUs but the ordinance 36 includes a provision for annual surveys and rents charged, so this will be done in the future 37 but it not information they have at this time. She confirmed the expectation would be one 38 to two people and an additional vehicle. 39

40 Councilmember Ravasio said this is an incredibly difficult and complex issue for the Council 41 and for him, their job as an elected official is to protect public health and safety. This is 42 what he always comes back to whenever he is in question as to whether how to proceed. 43

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1 He then quoted Ford Greene, San Anselmo Councilmember and CMPA Board Member, “It is 2 March right not but June as far as the weather is concerned.” He said weather is changing, 3 fire danger is increasing and it is not getting better. The issue he is concerned with if the 4 Town does not adopt the ordinance is that they have the opportunity to dramatically 5 increase density on Christmas Tree Hill which could happen very easily and quickly 6 without much public input. 7 8 One of the comments made by a public member is that this is taking away property rights, 9 but he does not see this because this is an existing ordinance and application that has been 10 in place for years and the Council is simply extending it into new State law. He spoke with 11 the Fire Marshal and he thinks the fire danger on Christmas Tree Hill is huge and, 12 increasing density will dramatically increase that danger. He thinks there will be other 13 towns with the same situation. He spoke with Marc Levine about this and he is willing to 14 coordinate with other towns in Marin County to help them work with this because any 15 town that has hills will have this same issue. Therefore, for all of these reasons he voiced 16 support with moving forward with introducing Ordinance 993. 17 18 He would also ask staff to talk about adding Upper Chapman Hill as well, stating he walks 19 the area and sees the congestion. The app, Waze, is directing people through there during 20 rush hour to get them off of the main roads. 21 22 Mayor Andrews said he was thinking back when the Council first heard about these 23 ordinances and talking to various people from Sacramento. He kept raising environmental 24 risk as something the State needed to consider which went right over their heads. 25 Someone from Tiburon raised the issue as well with dangerous parking along narrow 26 roads, and a response from someone in San Francisco was to paint their curbs red and it 27 was then state that many of Tiburon’s roads did not have curbs. 28 29 Therefore, he thinks the Town needs to start pushing back against State mandates like this 30 that ignore health and safety risks of increasing densification and he voiced support to 31 introduce the newly slightly more restrictive ordinance. 32 33 Councilmember Bailey cited the persuasive comments and said he starts from a place 34 where a homeowner has the right to do what they want under the Constitution. He gets 35 concerned when mixing broader philosophical concepts with very local policies which are 36 what they must do today. They are sensitive to the catastrophic fire danger here and he 37 questioned how to weigh basic Constitutional rights against overwhelming fire risks. 38 39 He said State law is also not clear to him so he was also apprehensive about doing anything 40 until they could wait and see. He was not like this generally but this is a situation where he 41 is tempted to wait and see about what is permissible by the State. That said he agrees with 42 Councilmember Ravasio to err on the side of protecting their residents, given they are also 43

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approaching another drought year and imminent fire risk. 1 2 He added that the quantum is important, and asked if the Town could reasonably anticipate 3 8 or 10 more ADUs in the entire town. 4 5 Ms. Battaglia clarified that within Christmas Tree Hill there have been 5 ADUs; 4 have been 6 interior and one was a new structure over the last 3 years. 7 8 Councilmember Bailey said he thinks the number is therefore small, but he also asked how 9 many people it would take to have a choke hold on people trying to escape if there are only 10 2 or 3 additional people which seem light. But, it depends on where they park their car. 11 12 He also thinks the JADU load is very light but the question is whether the Town is doing 13 what it can to mitigate the risk of fire by widening streets, providing other parking places, 14 having escape routes, thinning of vegetation, and he was supportive of introducing the 15 ordinance. 16 17 Councilmember Ravasio said he would feel different if he knew an answer would be 18 received from the State in 30 or 60 days. 19 20 Councilmember Bailey noted the difference would be 5 people at most but Councilmember 21 Ravasio said what could happen is that there may be a rush of people pushing units 22 through and this is what he would do while the law has not yet changed. 23 24 Councilmember Bailey agreed that the only reason not to do this is one of fire and safety 25 danger. He recognizes the Town is fully built out, but they must also recognize rights to 26 modestly improve properties. 27 28 Councilmember Ravasio noted the Town will be asked to add many more units through the 29 RHNA process over the next few years, and this area has special danger. 30 31 Councilmember Bailey said also important is that they are trying to blunt what is otherwise 32 a purely ministerial review. People can still add an ADU or JADU going through the normal 33 planning restrictions so it is still possible, except for certain zone(s) in Christmas Tree Hill. 34 35 Ms. Battaglia replied the majority of zones in Christmas Tree Hill are at their maximum 36 capacity. There are 11 districts and 8 of those are at the maximum. Therefore, she 37 confirmed those in the 8 districts cannot add more density, and this law has been in place 38 since the 1990’s. 39 40 Mr. Wolff clarified that there were capacity zones in place since 2001 or earlier which were 41 with the overlay district of 1994. In 2016 when the Town went through the ordinance 42 changes for the first round of State legislation relating to ADUs, the Town exempted 43

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interior ADUs and JADUs from that capacity limitation at the end of 2016. So over the last 3 1 years, those interior units have been allowed in excess of the capacity. 2 3 Councilmember Bailey noted that when he was on the Planning Commission, they saw 4 multiple applications for ADUs and it must have been districts not in capacity or new 5 construction. 6 7

MOTION: Moved by Ravasio, seconded by Andrews, and approved unanimously 8 by the following vote: 3-0-2 (Ayes: Bailey, Ravasio and Andrews; 9 Noes: None; Recused: Beckman and Kunhardt) 10

11 To introduce Ordinance 993 amending Chapters 18.18 (Special 12 Purpose Overlay District) and 18.31 (Accessory Dwelling Units) 13 related to Accessory Dwelling Unit regulations to (1) Make Accessory 14 Dwelling Units (ADUs) converted from existing floor space, and all 15 Junior Accessory Dwelling Units (JADUs), subject to the existing ADU 16 capacity limitations in the Christmas Tree Hill Overlay District, (2) 17 Provide an option for discretionary review to allow non-clerestory 18 windows in ADUs, and (3) Make non-substantive clean-up changes 19 and clarifications to Chapter 18.31. 20

21 Noted Present: 22 Vice Mayor Beckman and Councilmember Kunhardt returned to the dais to participate in 23 the remainder of the meeting. 24 25 6. BUSINESS ITEMS 26 27

A. Discussion Of How The Town Currently Evaluates View Impacts In The Review 28 Of Residential Development Projects, And Direction To Staff Regarding Whether 29 To Initiate A Work Program To Develop Further Policies To Guide The Town’s 30 Evaluation Process 31

32 Mr. Wolff referred to the staff report and said this item is a discussion of how the Town 33 currently evaluates view impacts in the review of residential development projects and 34 direction to staff as to whether to initiate a work program to develop further policies to 35 guide the Town’s evaluation process. 36 37 The issue of views and what constitutes a significant view impact crops up periodically and 38 often can create controversy in neighborhoods and consume Town resources. As a result, 39 this was one of the areas identified in the Council’s strategic planning meeting for 40 consideration and staff seeks feedback. 41 42 He then provided an overview of when view issues occur during the Town’s review of 43 various applications and Finding 3 and whether or not it can be made, a lack of criteria that 44

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can be used in striking a balance, and what information should be included in the case-by-1 case assessment of view, other jurisdictions and how they regulate view issues. He spoke 2 about what is in place today with an option could be for Town staff to continue to strive to 3 improve processes to help minimize the number of view impacts and concerns, take 4 direction to the Council to develop further policies and work with the Planning Commission 5 on these, or the option to drill down into a more rigid ordinance, which is something that 6 can be further researched and discussed. 7 8 Vice Mayor Beckman referred to the options and asked if it was fair to say that those 9 jurisdictions that have view ordinances see fewer view-related Planning appeals at the 10 Council level. 11 12 Mr. Wolff said from those he spoke with, he did not have specific data. He was speaking 13 with Sausalito and Tiburon and thinks Corte Madera has about one per year which is 14 similar to other jurisdictions. 15 16 Mayor Andrews referred to page 2 of the report it states, “A view is a scene from a 17 residence and/or its active use area and includes both upslope and downslope scenes.” He 18 asked if staff ranks where the scenes are such as a picture window in a living room versus a 19 view from a clerestory in the bathroom, etc. 20 21 Mr. Wolff said there is no official ranking. All of that is part of the evaluation process by 22 staff, the Planning Commission or Town Council. There is a hierarchy they fall back on, but 23 because there are no rules, if staff, the PC or Council changes that could change with it. 24 25 Mayor Andrews asked and confirmed that in 2A and 2B, they are trying to determine 26 primary and secondary views, whether it is heavily utilized areas of the property or is the 27 impacted view from the area of the property that is designed oriented to take advantage of 28 the view, so these are up for interpretation because some people heavily utilize portions of 29 their house more than someone else. This is where the flexibility allows that to be 30 considered on a case-by-case basis. 31 32 Councilmember Kunhardt referred to items on page 8 in the present guidelines, and he 33 asked if it was staff’s view that the current language is ambiguous and invites appeals. 34 35 Mr. Wolff said he thinks it does invite more technical claims than otherwise, but there are 36 things that could be done to just categorically restrict and state a view is not a view if 37 outside the house, or another alternative which would take certain claims off of the table. If 38 the Council wished to get further restrictive, they could remove the word “view” from that 39 finding itself. It may not necessarily address an issue neighbors may have about actual 40 impacts to people. 41 42 Councilmember Ravasio said the Council’s desire would have something black and white, 43

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simple, and clear and staff is saying this should not be done because it will create more 1 problems; that they should keep some flexibility because there will be judgement involved 2 and that is how they will have to deal with this matter. 3 4 Mr. Wolff said yes, he believes so, although others may think differently. It is a difficult 5 process but one that can be improved based on the emotional aspect of it while addressing 6 people’s concerns. He thinks if they are really trying to address view impacts, more 7 subjectivity and flexibility is a better approach than creating hard and fast rules. 8 9 Councilmember Ravasio stated in the appeal the Council dealt with a few weeks ago, one of 10 the Planning Commissioners said there was a Mt. Tam view and a Mt. Tam view must be 11 preserved above all else. He asked if there was anything in the ordinance that states that. 12 13 Mr. Wolff said there is nothing that states that other than there is some discussion in the 14 General Plan about the fact Corte Madera has some of the most beautiful and captivating 15 views of any Bay Area community on page 8, with a backdrop of Mt. Tam to the west, etc. 16 But there is no hard and fast rule that states someone cannot block a Mt. Tam view of any 17 kind. 18 19 Councilmember Ravasio said if the Council was to adopt guidelines he asked if it would 20 ultimately result in fewer appeals. 21 22 Mr. Wolff said he was unsure and thought it is hard to say creating guidelines would result 23 in additional or fewer appeals. Often, he feels appeals happen because of personality 24 differences amongst the neighbors or somehow the communication began in the wrong 25 fashion and noted 223 Baltimore as a good example. The applicant did not have one 26 comment in opposition until the day of the PC hearing when they first found some 27 neighbors were concerned. They tried to reach out early but people misinterpreted the 28 information they received and it just unfortunately happened. These tend to lead into 29 entrenched feelings that ultimately result in factors leading to an appeal rather than if they 30 are working through it and work things out with small changes here and there. 31 32 Mayor Andrews referred to the Planning Department Guidelines for Evaluating Views and 33 asked when this was developed and asked if it was the latest iteration. 34 35 Mr. Wolff said staff added these questions most recently after discussions with the last 36 application they saw. They first began a few years ago and began drafting this document. 37 When they had conversations with the millimeter lens and how to gather evidence 38 consistently, it is a living document where he will at times go in and tweak it a bit, but 39 something more to give staff help in how they go about evaluating and gathering 40 information. 41 42 Mayor Andrews said if this was done years ago, he could see it addressing a number of 43

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controversies, and Mr. Wolff concurred. 1 2 Mayor Andrews said when talking about view evaluation he asked if it would make sense to 3 add a question #5 to ask, “What view mitigations are available?” This might be useful in 4 thinking about moving buildings over a certain distance, and others. 5 6 Mr. Wolff said yes, and he believes in another draft it was not worded exactly like this but 7 they could ask what opportunities might be available or considered to reduce or minimize 8 view impacts. 9 10 Mayor Andrews opened the public comment period. 11 12 Public Comments: 13 14 CHRISTINE MARTIN said she very recently went through the PC and remodeled their 15 house. They then had cause to have some concern with their neighbors that were doing a 16 remodel and felt it impacted their house negatively. They could have appealed it but she 17 said the entire process was very denigrating, biased from the beginning and spoke about 18 pictures taken from all over their house and posted publicly. There was also a letter from 19 their neighbors that discussed her husband’s disability and where they could go and what 20 was important, etc. She suggested a pre-planning session where final plans could be 21 reviewed, suggested staff lay out what was important, identify those affected and that a 22 summary be provided of what went into the decision-making. 23 24 She only learned today that the upstairs small bedroom which does not have a bathroom 25 has a seasonal water view which went into their considerations because her house had a 26 water view. She believes staff tries their best but they are people with biases. She did not 27 want to codify the entire process and asked to ensure pictures are from specific angles, and 28 said the overall experience was horrible but did not want to make a big deal about it and 29 complain or appeal to the Council to expose her husband’s disability. Therefore, she asked 30 that the Council take this into consideration and for a clear process to be developed. 31 32 JENNIFER LARSON, Willow Avenue, echoed comments of the speaker and agreed this sort 33 of thing divides a community. She thanked Mr. Wolff for taking on the matter and spoke 34 about a guy who suggested the PC use graph paper to achieve an objective look of what a 35 view impact is, noting that if someone has a 10 foot view and all of a sudden it looks like the 36 development will take up 80% of that view, they could simply graph it out. 37 38 She also asked that sign-off be obtained from neighbors up front, that information be sent 39 to neighbors about the development plans, supported the idea about story poles, 40 recommended neighbors take a quick tour of the inside of the home to identify any view 41 issues or impacts and said views are important to everybody. 42 43

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Councilmember Kunhardt agreed with the importance of having an initial conversation for 1 any and all developments which is helpful as well as story poles. He thinks the existing 2 standards as shown on page 8 are so general that someone can interpret it many ways. 3 Given the fact that most properties have a front, back and sides, most sides do not have 4 views and they could start identifying primary views, main living areas, and likes 1st and 3rd 5 suggestions on page 4 and thinks judgements are unique to circumstances. 6 7 Councilmember Bailey asked if there was a situation where a prime view is being impacted 8 he asked if the new construction could not happen. 9 10 Councilmember Kunhardt thought every circumstance could be unique. It would be a 11 matter of whether there is any development space on that property other than what is 12 being used, or if there is a shape of that new development that would allow the main views 13 to be preserved. He also did not think views should be protected by people who must 14 crank their neck around the side of a deck. 15 16 Councilmember Bailey said he comes down on the side of staff’s view. He respects 17 Councilmember Kunhardt’s comments but he thinks there are too many laws and words 18 already and that in trusting the decision-makers, it is better to give him/her latitude to 19 make a decision based upon the circumstances. So, under the guise of making something 20 very objective, you can introduce such a heightened level of specificity that it does not 21 allow for the flexibility of every situation. 22 23 He said the reason he asked about the “prime” view, it became most significant during the 24 most recent application which the view being impacted as not the primary view. The 25 Council was able to find their way around it so he was not sure he was in favor of adding 26 language, so he thinks they are better off not trying to put too much additional clarity or 27 words into it. 28 29 Therefore, he would not ask staff to do anything at this time except possibly to continue to 30 make process improvements. He agreed with Ms. Larson’s points as well as Ms. Martin’s, 31 and he recognizes how important the pre-planning and overall processes are. Regarding 32 having neighbors sign off, some neighbors will never do this, but at least they can confirm 33 they received a copy asking about the sign off. The requirement to visit neighbor’s windows 34 makes sense as well. 35 36 He would not ask staff to initiate any work program to develop additional policies or 37 change the ordinance. He would rather change the way his process works before it makes it 38 to the PC and thereafter to the Council. He said Option #2 states, “Direct staff not to initiate 39 a work program to develop further policies, but continue to make design review process 40 improvements aimed at minimizing view impact concerns.” This would capture public 41 comments but would not introduce additional laws. 42 43

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Vice Mayor Beckman noted that when they were actually having the Planning appeal two 1 meetings ago, he said it seemed to illustrate the fact that they needed more regulation. He 2 was hoping it would take some of the contention out of this process for homeowners and 3 neighbors. The fact this might be counter-productive is new to him, especially in light of 4 the fact that more strict and hard and fast regulations will really have any material impact 5 on the number of appeals makes him open. 6 7 He would defer to staff’s judgement and his colleagues that have been doing this longer 8 than him. The planning appeal two meetings ago was his first ever so he did not want to 9 over-react to it. If it seems to be the consensus that more regulation is not necessary, it 10 makes sense to him. 11 12 Councilmember Ravasio voiced support for Option #1 but basically the Council supports no 13 change to the ordinance but to continue develop policies and guidelines that will help guide 14 the process and to try and add more clarity to it. He understands the point about the law, 15 and Belvedere has a very clear view ordinance regarding a primary view that should be 16 protected. He understands the point to purposely leave it vague but providing some 17 guidelines is helpful for everyone to help work through appeals relating to views in the 18 future. 19 20 Councilmember Bailey said Belvedere, Tiburon and Sausalito are ripe for lawsuits related 21 to views all the time, so he sees it in his office and part of this is because you give some 22 weight to a challenge when there is a hard and fast regulation to point to. Alternatively, the 23 kind of discretionary review making is not ordinarily challengeable. So, when the Council 24 makes on findings based on facts as they apply to the law, an appeal of that is virtually 25 impossible. 26 27 Mayor Andrews said in terms of the planning document on page 106 or 17, Step 2, View 28 Evaluation, he would ask staff to think of more questions as to what mitigations are 29 available such as rotating buildings or other things. He was unsure about marking down 30 whether it is primary or secondary, and lastly, he hopes the Town will avoid calling out Mt. 31 Tam views and Bay views. 32 33 Lastly, he asked if staff could discuss photographing homes and views for hearings and first 34 talking with applicants and neighbors prior to taking them to preserve their privacy. 35 36 Mr. Wolff said he thinks once of the things staff reviews which is in their internal policy is 37 he takes a literal reading of that finding which states “views” in the plural, given the focus 38 on certain images and impacts. While he understands this raises privacy issues, he feels it is 39 important to take pictures and give the full context of the properties which should be 40 incorporated into the decision. However, if someone does not allow staff to take pictures, 41 they will not and they will note that in the staff report. 42 43

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Mayor Andrews asked if staff could simply walk through the rooms with the person and 1 explain fully about the photography process and public process to ensure they are willing 2 to allow them for privacy concerns. Mr. Wolff agreed and said staff can explain their 3 reasoning behind it and if someone does not want pictures taken of their home, he can 4 respect this but he pointed out it may create challenges and it gets personal. 5 6 If decisions are based upon evidence, it must be in the record but staff does not have to 7 provide all of them. Staff has taken another process seriously which is to go through the 8 findings and spend a lot of time explaining what evidence was used to make those findings 9 and the rationale behind it, and it takes a lot of time to put them together. 10 11 Mayor Andrews confirmed that there was Council consensus that there be no ordinance at 12 this time but to continue and improve the process based upon comments from the public, 13 staff and the Council. 14 15

B. Consideration And Possible Action To Assign Councilmembers To 16 Subcommittees For Board, Commission And Committee Interviews 17

18 Town Clerk/Assistant Town Manager Rebecca Vaughn stated the item is to consider 19 whether the Council would like to reappoint committees that will be interviewing 20 vacancies to the Planning Commission and to the Parks and Recreation Commission. 21 Tomorrow is Election Day and the two candidates for Town Council, when seated on April 22 7th, will be vacating their respective terms on these Commissions, and both terms expire 23 June 30, 2021. 24 25 There is an open application period for the regular appointments commencing July 1, 2020 26 and expiring 2022, but this is further down the road, with interviews most likely scheduled 27 for May. In the meantime, next week or the week after before the March 17th meeting, staff 28 is hoping to hold interviews for applicants interested in being appointed for the shortened 29 terms to the Planning Commission and Recreation Commission. 30 31 Currently, the Council subcommittees for those interviews are: Mayor Andrews and 32 Councilmember Kunhardt for the Planning Commission and Mayor Andrews and 33 Councilmember Ravasio for the Parks and Recreation Commission. 34 35 There was a question as to whether it would make sense the Councilmembers assigned to 36 those subcommittees be continuing Councilmembers and she would like the Council to 37 discuss this and make new appointments if they wish. 38 39 Mayor Andrews opened the public comment period, and there were no speakers. 40 41 Councilmember Bailey said the issue came up because he thought he was serving as the 42 Planning Commission subcommittee liaison, but he was replaced. His opinion remains that 43

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same—he thinks the decision for determining the next Planning Commissioner or Parks 1 and Recreation Commissioner should be the continuing Councilmembers. He suggested 2 Councilmember Kunhardt remain on the PC and Councilmember Ravasio remain on P&R 3 and the remaining Councilmembers should disperse themselves such that there are two 4 subcommittee members just for the interim terms. 5 6 Mayor Andrews questioned whether the interviewers must be on the Town Council. 7 8 Ms. Stricker said this is the Council prerogative. The Council can appoint an individual who 9 is not currently seated on the Council to any standing committee. 10 11 Mayor Andrews voiced his preference to have Charles Lee and Councilmember Kunhardt 12 interview for the PC and to have Fred Cassisa and Councilmember Ravasio interview for 13 the P&R Commission to provide continuity. He confirmed that they would interview and 14 then make a recommendation to the seated Council on March 17, 2020 and would like the 15 upcoming Councilmembers to be able to participate if they are willing to. 16 17 Vice Mayor Beckman said he believes that breaking from what has been done for decades, 18 the Council should have a great reason to sway from that. 19 20 Councilmember Ravasio said his concern is having an existing Planning Commission 21 member interview and choose a replacement when he is still on the PC or vacating it, 22 especially because a PC member is the most difficult position in Town. 23 24 Ms. Vaughn stated in looking at the calendar, she anticipates convening interviews on 25 either March 12, 16 or 17th in the afternoon before the start of the Council meeting and 26 both Councilmember elects would have their final PC meeting on March 24th and their final 27 P&R Commission meeting on March 23rd so they would not yet be done with their service. 28 29 Vice Mayor Beckman suggested and there was Council consensus for the Mayor to approve 30 keeping the interviews to current and continuing Councilmembers; for Councilmember 31 Ravasio to interview for the PC members, and Vice Mayor Beckman to interview for the 32 P&R Commissioner. 33 34

C. Discuss And Consider Adoption of Resolution No. 11/2020 Approving 35 Reinstatement Of Recreation Coordinator Classification, Revisions To Job 36 Description And Establishment Of A Salary Range Of $5,200 To $6,321 Per 37 Month – Two Meeting Business Item Per Council Policy. This Item Was First 38 Reviewed By The Town Council At Its February 18, 2020 Regular Meeting 39

40 Town Manager Cusimano stated this item requires two meetings per Council policy. The 41 item was reviewed at the Council’s February 18th meeting and was supportive of the 42 requested action. Staff was directed to bring back a resolution for additional discussion at 43

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this meeting for possible adoption. No facts have changed from the last meeting and he was 1 available to answer questions. 2 3 Mayor Andrews opened the public comment period, and there were no speakers. 4 5

MOTION: Moved by Ravasio, seconded by Bailey, and approved unanimously by 6 the following vote: 5-0 (Ayes: Bailey, Beckman, Kunhardt, Ravasio and 7 Andrews; Noes: None) 8

9 To Adopt Resolution No. 11/2020 Approving Reinstatement Of 10 Recreation Coordinator Classification, Revisions To Job Description 11 And Establishment Of A Salary Range Of $5,200 To $6,321 Per Month. 12

13 7. COUNCIL AND TOWN MANAGER REPORTS 14

15 - Town Manager Report 16

17 • Update on Brush Clearing in Open Space: Ms. Cusimano stated staff is taking 18

an aggressive approach to vegetation management. Per the recommendation 19 of Martha Orth and Ruben Martin is to hold a stakeholders meeting with 20 PG&E, Caltrans, City of Mill Valley, and the Marin County Open Space District. 21 22 Much of the Town’s threatened areas are right outside their jurisdiction, 23 which he described. Staff will return with a plan to use goats if possible or an 24 alternative plan, receive approval from those jurisdictions to do some work 25 upfront, and share the cost. The Town may be spending money outside of its 26 jurisdiction and this may come as a budget amendment in the very near 27 future. 28

29 - Council Reports 30

31 • Councilmember Kunhardt gave the following report: 32

o Tony Cavaras, Caltrans Regional Director, attended the TAM Board 33 meeting and he took note of the fence near Nordstrom’s and he reported 34 Caltrans will commence widening of the Bike/Ped Crossing of Corte 35 Madera Creek on the side of the bridge. 36

o He reported that 300 e-bikes will be acquired from Gotcha which is 37 advancing and serving both Sonoma and Marin. They need hubs, one of 38 which will be the ferry terminal, SMART train stations and the Town may 39 choose to identify a hub space which requires one or two parking spaces 40 for locking spaces. 41

o They held considerable discussion on EV vehicles and TAM is continuing 42 its policy of promoting EVs and working with agencies to leverage dollars. 43

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o The County committee of Bay Wave met and Route 37 planning was 1 discussed. The Marin segment is the lowest and has been flooding over 2 the last 3 years, and agencies are working to solve that problem. 3

o Safe Routes to School had an audit session near Lucky Drive and TAM is 4 looking at potential improvements for bikes, pedestrians and sea level 5 rise. 6

o MCCMC’s Climate Action Committee held their first meeting and focused 7 on advancing green building codes. 8 9

• Vice Mayor Beckman gave the following report: 10 o The Chamber of Commerce held its February Mixer at the newly opened 11

Fieldwork Brewing Company in Town Center which has been the most 12 successful mixer he has attended. 13

o They held their first meeting of the Climate Action Committee with 14 Councilmember Kunhardt, himself, Ms. Vaughn and 12 members of the 15 public with many great ideas brought to the table. 16

o He reached out to the School District regarding the Coronavirus and 17 check in with their plans and needs. They have the situation under 18 control and are working with the County Health Department. 19 20

• Councilmember Bailey gave the following report: 21 o He serves as the Vice Chair of the MCCMC Legislative Committee meeting 22

and he will be leaving shortly. He reported 3,360 new bills were 23 introduced this year and this is significant. SB 50 has experienced 24 difficulty but it is largely being morphed into a new AB 1279 with 25 substantive parts and continuing with the need for vigilance moving 26 forward. 27 28 He spoke about follow-up reports from various legislators and Marc 29 Levine’s agenda indicated much to do about the PSPS events and trying to 30 harden the system and survive better with at least 4 new Assembly bills. 31 Senator McGuire’s new bills include things like the TOT revenues, a new 32 commission on home hardening and preparation for fires and school 33 meals. The League of California Cities is working on funding for 34 infrastructure as well as housing. 35

o There were no meetings for Marin Clean Energy or others he serves as 36 liaison. 37 38

• Councilmember Ravasio gave the following report: 39 o He attended the Disaster Preparation Council Meeting today and he had 40

no report. 41 o A BPAC meeting was held last week and people spoke about the proposed 42

roundabout near Town Center near Tamalpais and Madera, and R.J. 43 102

Corte Madera Town Council Regular Meeting Minutes

March 2, 2020

22

Suokko gave an incredible to show how it is part of a Complete Streets 1 project which goes from Tamalpais to Fifer and makes improvements 2 along the entire corridor. The entire roundabout project for the corridor 3 is approximately $3.7 million and the roundabout is $700,000 to 4 $900,000 with a lot of information presented as well as public comments. 5 6 Councilmember Bailey asked and confirmed with Ms. Vaughn that staff 7 takes the Council comments from the end of each meeting and reiterate 8 them in the week’s newsletter on Fridays. Councilmember Ravasio noted 9 Mr. Suokko’s presentation can be seen on video and he noted there is an 10 increase in traffic safety, a huge increase in pedestrian and bike safety, 11 reduced emissions and most interesting, whenever a roundabout is 12 proposed, 75% are against it and within one year about 75% thinks it is 13 fantastic. Vice Mayor Beckman cited the improved look of roundabouts 14 with landscaping. 15 16 Mr. Cusimano agreed to send the link to Councilmembers and will ask 17 him to post a notice alert on the website. He reported that he and Mr. 18 Suokko met today with the core group of concerned citizens and they 19 have asked for a broader group with follow-up in three weeks. It has 20 resulted in statistics and facts which drove them to choose a roundabout 21 rather than a 4-way stop. 22

23 • Mayor Andrews had no report. 24

25 8. REVIEW OF DRAFT AGENDA FOR UPCOMING TOWN COUNCIL MEETING 26

27 A. Review of Draft Agenda for March 17, 2020 Town Council Meeting 28

29 Mayor Andrews stated with the brush abatement program, Ms. Orth noticed that 30 contractors do not want to give up their gas-powered blowers and think the electric 31 blowers are less efficient. He asked if there was a way to allow these contractors to use gas-32 powered blowers and questioned if there was support to place this item on a future 33 agenda, and Councilmembers voiced their support. 34 35 Mr. Cusimano reported that he will be on vacation and not in attendance at the next Council 36 meeting. 37 38 9. ADJOURNMENT 39 40 The meeting was adjourned at 9:10 p.m. to the next regular Town Council Meeting on 41 March 17, 2020 at Town Hall Council Chambers. 42 43

103

1 6.A.

CORTE MADERA TOWN COUNCIL

STAFF REPORT

REPORT DATE: March 12, 2020 MEETING DATE: March 17, 2020 TO: Honorable Mayor and Members of the Town Council FROM: Rebecca Vaughn, Town Clerk / Assistant Town Manager SUBJECT: Consideration and Possible Action to Approve Subcommittee Recommendations

(1) to appoint Louise Brown to the seat on the Parks and Recreation Commission to be vacated by Commissioner Fred Casissa, for a term commencing upon Commissioner Casissa’s swearing-in as a Councilmember and expiring on June 30, 2021; and (2) related to the appointment of an applicant to the seat on the Planning Commission to be vacated by Commissioner Charles Lee, with a term commencing upon Commissioner Lee’s swearing-in as a Councilmember and expiring on June 30, 2021.

RECOMMENDED ACTION: That the Town Council:

1) Ratify the recommendations of the Parks and Recreation Commission Subcommittee of Vice Mayor Beckman and Councilmember Ravasio to waive the interview process and appoint Louise Brown, the sole applicant, to serve the remainder of the unexpired term of the seat on the Parks and Recreation Commission that will be vacated by Commissioner Fred Casissa, with a term commencing upon Commissioner Casissa’s swearing in as a Councilmember and expiring on June 30, 2021;

2) Ratify the recommendation of the Planning Commission Subcommittee of Councilmembers Kunhardt and Ravasio regarding appointment of one applicant to serve the remainder of an unexpired term of the seat on the Planning Commission that will be vacated by Commissioner Charles Lee with a term commencing upon Commissioner Lee’s swearing in as a Councilmember, and expiring on June 30, 2021. The Subcommittee is scheduled to interview two applicants on March 17, 2020, from 5:30pm - 6:15pm, just prior to the start of the regular Town Council meeting. The Subcommittee will report its recommendation at the Council meeting.

BACKGROUND:

At the March 2, 2020 Town Council meeting, Town Council appointed Councilmembers Kunhardt and Ravasio to the Subcommittee for Planning Commission Interviews to conduct Planning Commission member interviews and Vice Mayor Beckman and 104

2

Councilmember Ravasio to the Subcommittee for Parks and Recreation Commission Interviews to conduct Parks and Recreation Commission member interviews.

PARKS AND RECREATION COMMISSION

The Parks and Recreation Commission is comprised of seven members, and currently has one seat with a term expiring June 30, 2021, that will be vacated when current Commissioner Fred Casissa is sworn in as a member of the Town Council. Staff received one application for the position, from Louise Brown. It is the recommendation of the Subcommittee, consisting of Vice Mayor Beckman and Council member Ravasio, to appoint Louise Brown to serve the remainder of Commissioner Casissa’s unexpired term, with Ms. Brown’s term commencing upon Commissioner Casissa’s swearing in as a Councilmember (anticipated to occur on April 7, 2020) and expiring June 30, 2021.

PLANNING COMMISSION The Planning Commission is comprised of five members and currently has one seat with a term expiring June 30, 2021, that will be vacated when current Commissioner Charles Lee is sworn in as a member of the Town Council. Staff received two applications for the position, from James Rizzo and Brooks Hoehn. The Planning Commission Subcommittee, consisting of Councilmembers Kunhardt and Ravasio are scheduled to interview the two applicants at 5:30pm on Tuesday, March 17, 2020, just prior to the start of the regular Town Council meeting and will report their recommendation for appointment at the meeting.

FISCAL IMPACT: This item does not have any fiscal impact. ENVIRONMENTAL IMPACT: This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines). OPTIONS:

1. Ratify the recommendations of the Subcommittees and make the appointments as requested.

2. Discuss and possibly recommend changes to one or more of the recommended appointments

3. Take no action at this time.

105

3

ATTACHMENTS: 1. Applications received for Parks and Recreation Commission and Planning Commission

THIS ITEM HAS BEEN REVIEWED AND APPROVED BY THE TOWN MANAGER.

106

4

ATTACHMENT 1:

Applications received for Parks and Recreation Commission and Planning Commission

107

TOWN OF CORTE MADERA

APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES

NAME: ____________________________________________________

DATE: __________________

ADDRESS: (Home) ___________________________________________ ___________________________________________

PHONE: _________________

ADDRESS: (Business) _________________________________________ _________________________________________

PHONE: _________________

EMAIL ADDRESS: ____________________________________________

BOARD, COMMITTEE OR COMMISSION DESIRED: ____________________________________________

SELECT ONE: ______ Full 2 year term or ______ Partial term (to begin 4/7/20 and expiring 6/30/21) (PARTIAL TERM IS AN OPTION FOR PLANNING COMMISSION AND PARKS & RECREATION COMMISSION ONLY)

STATEMENT OF INTEREST AND/OR QUALIFICATIONS:

STATEMENT REGARDING KNOWLEDGE OF CORTE MADERA AND ANY PAST OR PRESENT COMMUNITY INVOLVEMENT: PERSONAL INFORMATION (How long have you lived in Corte Madera, family size, etc.)

If you are not selected at this time, may we keep your application on file for future consideration?

YES: ______ NO: _____

MAIL OR DELIVER TO: Rebecca Vaughn, Town Clerk/300 Tamalpais Drive/Corte Madera 94925 OR EMAIL TO: rvaughn@tcmmail.org

108

TOWN OF CORTE MADERA

APPLICATION FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES

NAME: ____________________________________________________ DATE: __________________

ADDRESS: (Home) ___________________________________________

___________________________________________

PHONE: _________________

ADDRESS: (Business) _________________________________________

_________________________________________

PHONE: _________________

EMAIL ADDRESS: ____________________________________________

BOARD, COMMITTEE OR COMMISSION DESIRED: ____________________________________________

SELECT ONE: ______ Full 2 year term or ______ Partial term (to begin 4/7/20 and expiring 6/30/21) (PARTIAL TERM IS AN OPTION FOR PLANNING COMMISSION AND PARKS & RECREATION COMMISSION ONLY)

STATEMENT OF INTEREST AND/OR QUALIFICATIONS:

STATEMENT REGARDING KNOWLEDGE OF CORTE MADERA AND ANY PAST OR PRESENT COMMUNITY INVOLVEMENT: PERSONAL INFORMATION (How long have you lived in Corte Madera, family size, etc.)

If you are not selected at this time, may we keep your application on file for future consideration?

YES: ______ NO: _____

MAIL OR DELIVER TO: Rebecca Vaughn, Town Clerk/300 Tamalpais Drive/Corte Madera 94925 OR EMAIL TO: rvaughn@tcmmail.org

Brooks Hoehn 3/4/2020

81 Lakeside Drive

Corte Madera

415-307-5004

All California Mortgage

17 E Sir Francis Drake, Larkspur

925-464-8232

brooksdhoehn@yahoo.com

Planning Commission

✔

Born and raised here in Marin - grew up in Greenbrae. Strong background in both volunteer boards, committees, as well as corporate leadership. Care about the community, its vision with respect to governance around present and future use of property - both commercial and residential. Professional experience includes (7) years in commercial real estate, (6) years in mortgage. Worked more than half my career based here in Marin. Lived in same home for the past (27) years, previously in Greenbrae and prior to that, Tiburon. Boards include Marin Special Olympics (as well as coach for seven plus years), Bay Area Sports Hall of Fame and Belvedere Tennis Club. Also various other volunteer roles over the decades, including present as Block Captain.

In addition to above, as a local mortgage professional, extremely involved in local residential and light commercial real estate. Strong knowledge of both socio and economic implications of growth vs conservation and the balance required to support best possible outcomes for decisioning. BS in Political Science from UC Berkeley. Wife also UC Berkeley graduate. Daughter a Junior at UC Berkeley and son has BS from UCSC in Cellular Molecular Biology - now in research at UCSF. Other community involvement includes volunteer work annually for RHS teacher/admin recognition day lunch, other events such as sponsorship of girls youth softball.

See above. Additional information: parents still live in Greenbrae - Dad 91, Mom 88. My wife and I love our home and the community, and plan to retire and live here in our home for the balance of our lives. We respect and cherish our community, and with the additional time I now have, I am very motivated to find something I can do to give back.

✔

109

TOWN OF CORTE MADERA APPLICATION

FOR APPOINTMENT TO BOARDS, COMMISSIONS AND COMMITTEES

NAME: James Rizzo DATE: 02-18-2020

ADDRESS: (Home) 16 Serra Street

Corte Madera, CA 94925

PHONE: (415) 290-1670

ADDRESS: (Business) 16 Serra Street

Corte Madera, CA 94925

PHONE: (415) 290-1670

EMAIL ADDRESS: jrizzo@rizzoassociates.com

BOARD, COMMITTEE OR COMMISSION DESIRED: Planning Commission

SELECT ONE: ______ Full 2-year term or X Partial term (to begin 4/7/20 and expiring 6/30/21) (PARTIAL TERM IS AN OPTION FOR PLANNING COMMISSION AND PARKS & RECREATION COMMISSION ONLY)

STATEMENT OF INTEREST AND/OR QUALIFICATIONS:

I hold a Bachelor of Architecture degree and have worked in the architecture and construction industries for 25 years. I studied urban planning extensively in school and did a thesis on a redevelopment plan for downtown Scottsdale, Arizona. My firm, Rizzo Associates, was founded in 1999 and specializes in residential and retail design and construction management. My experience in residential design in Marin coupled with the experience I have directing national retail programs has led me to many planning commission presentations locally and around the country as an applicant. I am very familiar with the planning process and feel I am a good fit for being a Planning Commissioner in Corte Madera.

STATEMENT REGARDING KNOWLEDGE OF CORTE MADERA AND ANY PAST OR PRESENT COMMUNITY INVOLVEMENT:

My family and I bought our home in Corte Madera in 2004. I have applied several times for this position and still have great interest in serving my community via a role with which I am very familiar with the material content. Although I have not had involvement with Corte Madera on a civic level, I am very involved with my neighbors surrounding our house as well as the business owners surrounding Menke Park. I also have intimate knowledge of the planning code based on several projects I’ve worked on in Corte Madera. I am also fairly familiar with the town’s general plan.

PERSONAL INFORMATION (How long have you lived in Corte Madera, family size, etc.)

My family and I have lived in Corte Madera for 16 years. My wife and I have been together for 26 years and we have a 16 year old daughter who attends Marin Catholic. If you are not selected at this time, may we keep your application on file for future consideration?

YES: X NO: _____

MAIL OR DELIVER TO: Rebecca Vaughn, Town Clerk/300 Tamalpais Drive/Corte Madera 94925 OR EMAIL TO: rvaughn@tcmmail.org

110

CORTE MADERA TOWN COUNCILSTAFF REPORT

REPORT DATE: March 13, 2020 MEETING DATE: March 17, 2020

TO: Honorable Mayor and Members of the Town Council

FROM: Adam Wolff, Director of Planning and Building Tracy Hegarty, Administrative Analyst, Planning and Building

SUBJECT: Consideration and Possible Action to Adopt Resolution No. 12/2020 Receiving and Accepting the Calendar Year 2019 Housing Element Annual Progress Report for the Town of Corte Madera’s Fifth Cycle Housing Element (Cycle Years 2015-2023; Construction Period 2014-2022)

RECOMMENDED ACTION:

Adopt Resolution 12/2020

BACKGROUND:

Government Code Section 65400(2) establishes a requirement that each governing body (Town Council, City Council, Board of Supervisors) prepare a Housing Element Annual Progress Report (APR) on the status and progress in implementing the jurisdiction’s Housing Element by April 1st of each calendar year. The APR includes information on the jurisdiction’s progress in addressing the Regional Housing Needs Allocation (RHNA) and the status of housing policies/programs listed in the jurisdiction’s Housing Element. The report is required to be considered at a meeting before the Town Council

DISCUSSION:

The California Department of Housing and Community Development (HCD) provides prescribed forms and instructions for preparation of the APR. The APR for calendar year 2019 represents progress made in the fifth year of the 2015-2023 RHNA planning period and therefore information contained in this report shows progress toward meeting a Regional Housing Needs Allocation (RHNA) of 72 dwelling units.

6.B.111

It should be noted that for past APRs, HCD requested that the Town provide information related to new housing units that were granted building permits in the calendar year for which the report is being prepared. Starting with the Calendar Year 2018 APR, the amount and type of information requested by HCD has increased substantially as a result of SB 35 and AB 879, which were passed into State law in 2017. The additional information requested by HCD includes information about new housing units that received planning entitlement; received building permit; and/or were granted occupancy. As in years past, however, only issued building permits are used for the purposes of determining progress towards RHNA.

As a reminder, the passage of SB 35 requires that jurisdictions apply a streamlined non-discretionary development review process for residential projects that meet certain criteria. A threshold criterion relates to whether the jurisdiction in which the housing project is located has issued building permits consistent with RHNA housing production targets at each income category (very low, low, moderate, and above moderate). Given that Corte Madera met its housing production targets through 2018 (a minimum of 50% of the total in each income category), SB 35 does not apply in Corte Madera until at least 2023 (see attached Statewide Determination Summary in Attachment 3). Nonetheless, APRs are still required to be filed with HCD and cities are encouraged to continue to keep pace with production goals.

Table A below shows the Town’s progress in meeting its RHNA targets at each income category through the 2019 calendar year.

RHNA 2015 2016 2017 2018 2019 Total % Total

Very Low 22 5 2 1 5 3 16 73% Low 13 12 1 13 100% Moderate 13 2 1 2 2 1 8 62% Above Moderate

24 164 13 2 179 746%

Total 72 183 17 5 7 4 216 300%

The Town’s ability to continue to keep pace with the RHNA targets for the moderate and low income categories can largely be attributed to the increased production of accessory dwelling units (ADUs). For example, all new housing units issued building permits in the last two years (2018 and 2019) were for ADUs.

Once accepted by the Town Council, the APR is sent to HCD and the Governor’s Office of Planning and Research. The APR for the reporting calendar year 2019 is due April 1, 2020.

The draft resolution (12/2020) includes “Exhibit A”, the Housing Element Annual Progress Report for Calendar Year 2019, for review by the Town Council (see Attachment 1 and Attachment 2).

FISCAL IMPACT:

There is no impact to the budget beyond staff time researching and preparing the Housing 112

Element Annual Progress Report as required by Government Code Section 65400(2).

ENVIRONMENTAL IMPACT:

This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines).

OPTIONS:

1. Adopt Draft Resolution 12/2020 as presented.2. Direct Staff to return to the Town Council with additional information or modifications.

ATTACHMENTS:

1. Resolution 12/20202. Exhibit A to the Resolution: Housing Element Annual Progress Report for Calendar Year

2019 (Tables A, A2, B, D)3. SB 35 Statewide Determination Summary

THIS ITEM HAS BEEN REVIEWED AND APPROVED BY THE TOWN MANAGER.

113

Attachment 1 Resolution 12/2020

114

RESOLUTION NO. 12/2020

A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF CORTE MADERA RECEIVING AND ACCEPTING THE CALENDAR YEAR 2019 HOUSING ELEMENT

ANNUAL PROGRESS REPORT FOR THE TOWN OF CORTE MADERA’S FIFTH CYCLE HOUSING ELEMENT (CYCLE YEARS 2015-2023; CONSTRUCTION PERIOD

2014-2022)

WHEREAS, California Government Code Section 65400(2) requires the planning agency to provide an annual report to the Town Council, the State Office of Planning and Research, and the State Department of Housing and Community Development (HCD) regarding progress toward implementation of the housing element of the general plan; and

WHEREAS, planning staff has prepared an annual progress report for the calendar year 2019, utilizing the prescribed forms and instructions provided by HCD; and

NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF CORTE MADERA DOES RESOLVE AS FOLLOWS:

The Town Council hereby accepts and receives the annual progress report on the Housing Element (“Exhibit A”) prepared by Planning Department staff and forwards the report to the State Office of Planning and Research and the State Department of Housing and Community Development pursuant to Government Code Section 65400(2).

This resolution is adopted on the 17th day of March, 2020 by the following vote:

AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers:

__________________________________ Jim Andrews, Mayor

ATTEST:

____________________________ Rebecca Vaughn, Town Clerk

115

Attachment 2 Exhibit A to the Resolution: Housing Element Annual Progress Report

for Calendar Year 2018 (Tables A, A2, B, D)

Table Description Page(s)

Table A: Applications received for new units, 2019 ............................................1

Table A2 part 1: Approved Planning Entitlements for new units, 2019 ...............................................................................................2

Table A2 part 2: Issued Building Permits for new units, 2019 ...............................................................................................3

Table A2 part 3: Issued Certificates of Occupancy for new units, 2019 ...............................................................................................4

Table B: Regional Housing Needs Allocation Progress .......................................5

Table D: Housing Element Program Implementation Status .......................... 6-11

116

Jurisdiction Corte Madera ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional fieldReporting Year 2019 (Jan. 1 - Dec. 31) Housing Element Implementation

Date Application Submitted

Total Approved Units by Project

Total Disapproved

Units by Project

Streamlining Notes

2 3 4 6 7 8 9 10

Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+

Unit Category(SFA,SFD,2 to 4,5+,ADU,MH)

Tenure

R=RenterO=Owner

Date Application Submitted

Very Low-Income Deed

Restricted

Very Low-Income Non

Deed Restricted

Low-Income Deed

Restricted

Low-Income Non Deed Restricted

Moderate-Income Deed

Restricted

Moderate- Income

Non Deed Restricted

AboveModerate-

Income

Total PROPOSED Units by Project

Total APPROVED

Units by project

Total DISAPPROVED Units by Project (Auto-calculated

Can Be Overwritten)

Was APPLICATION SUBMITTED

Pursuant to GC 65913.4(b)?

(SB 35 Streamlining)

Notes+

Summary Row: Start Data Entry Below 0 6 0 1 0 0 0 7 3 0 0026-211-23 267 Golden Hind

Psg ABL-2019-0689 ADU R 12/16/2019 1 1 0 No Pending Building Permit approval

025-113-19 274 Sausalito St A

BL-2019-0458 ADU R 8/29/2019 1 1 0 No Pending Building Permit approval

025-111-22 45 Buena Vista Ave A

BL-2019-0498 ADU R 9/12/2019 1 1 1 0 No Building Permit approved in 2020

021-163-28 311 Summit Dr A

BL-2019-0037 ADU R 1/28/2019 1 1 1 0 No

025-216-13 20 Fairview AveA

BL-2019-0052 ADU R 2/4/2019 1 1 1 0 No

025-053-20 202 Eastman AveA

BL-2019-0705 ADU R 12/19/2019 1 1 0 No Pending Building Permit approval

025-012-12 48 Crescent Rd BL-2019-0379 ADU R 7/22/2019 1 1 0 No Pending Building Permit approval

Housing Development Applications SubmittedTable A

Cells in grey contain auto-calculation formulas(CCR Title 25 §6202)

51

Project Identifier Unit Types Proposed Units - Affordability by Household Incomes

1

117

Jurisdiction Corte Madera ANNUAL ELEMENT PROGRESS REPORTReporting Year 2019 (Jan. 1 - Dec. 31) Housing Element Implementation

Table A2Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units

2 3 5 6

Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+

Unit Category (SFA,SFD,2 to 4,5+,ADU,MH)

Tenure

R=RenterO=Owner

Very Low- Income Deed

Restricted

Very Low- Income Non

Deed Restricted

Low- Income Deed

Restricted

Low- Income Non Deed Restricted

Moderate- Income Deed

Restricted

Moderate- Income Non

Deed Restricted

AboveModerate-

Income

EntitlementDate Approved # of Units issued

Entitlements

Summary Row: Start Data Entry Below 0 3 0 3 0 5 16 27033-011-58 to 73 1425 Casa Buena Dr

#101-116The Enclave (16 Townhomes)

BL-2016-0172, BL-2017-0551 , 2, 3

SFA O 0

025-011-33 516 Chapman Dr BL-2016-0420 SFD O 0

021-163-01 251 Summit Dr A

BL-2017-0296 ADU R 0025-012-40 21 Edison Ave

ABL-2018-0002 ADU R 0

025-241-02 410 Sausalito St A

BL-2018-0496 ADU R 0026-211-23 267 Golden Hind Psg

APL-2019-0055, BL-2019-0689 ADU R 1 9/6/2019 1

025-113-19 274 Sausalito St A

PL-2019-0018, BL-2019-0458 ADU R 1 4/30/2019 1

025-011-22 45 Buena Vista Ave A PL-2019-0014, BL-2019-0498 ADU R 1 7/29/2019 1

038-011-21 0 Robin Dr Robin Drive The Preserve Phase II - (16) SFDs

PL-2017-0056 SFD R 16 4/2/2019 16038-011-21 0 Robin Dr Robin Drive The Prserve

Phase II - (8) ADUsPL-2016-0060 ADU R 3 5 4/2/2019 8

025-191-04 481 Montecito Dr A

BL-2018-0479 ADU R 0038-274-01 159 Prince Royal Dr

ABL-2018-0617 ADU R 0

025-216-13 20 Fairview Ave A

BL-2019-0052 ADU R 0021-163-28 311 Summit Dr

ABL-2019-0037 ADU R 0

(CCR Title 25 §6202)

Project Identifier

1

Unit Types Affordability by Household Incomes - Completed Entitlement

4

2

118

Jurisdiction Corte Madera

Reporting Year 2019 (Jan. 1 - Dec. 31)

2 3

Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+

Unit Category (SFA,SFD,2 to 4,5+,ADU,MH)

Tenure

R=RenterO=Owner

Summary Row: Start Data Entry Below033-011-58 to 73 1425 Casa Buena Dr

#101-116The Enclave (16 Townhomes)

BL-2016-0172, BL-2017-0551 , 2, 3

SFA O

025-011-33 516 Chapman Dr BL-2016-0420 SFD O

021-163-01 251 Summit Dr A

BL-2017-0296 ADU R

025-012-40 21 Edison Ave A

BL-2018-0002 ADU R

025-241-02 410 Sausalito St A

BL-2018-0496 ADU R

026-211-23 267 Golden Hind Psg A

PL-2019-0055, BL-2019-0689 ADU R

025-113-19 274 Sausalito St A

PL-2019-0018, BL-2019-0458 ADU R

025-011-22 45 Buena Vista Ave A PL-2019-0014, BL-2019-0498 ADU R

038-011-21 0 Robin Dr Robin Drive The Preserve Phase II - (16) SFDs

PL-2017-0056 SFD R

038-011-21 0 Robin Dr Robin Drive The Prserve Phase II - (8) ADUs

PL-2016-0060 ADU R

025-191-04 481 Montecito Dr A

BL-2018-0479 ADU R

038-274-01 159 Prince Royal Dr A

BL-2018-0617 ADU R

025-216-13 20 Fairview Ave A

BL-2019-0052 ADU R

021-163-28 311 Summit DrA

BL-2019-0037 ADU R

Project Identifier

1

Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Unit

Types

8 9

Very Low- Income Deed

Restricted

Very Low- Income Non

Deed Restricted

Low- Income Deed

Restricted

Low- Income Non Deed Restricted

Moderate- Income Deed

Restricted

Moderate- Income Non

Deed Restricted

AboveModerate-

Income

Building Permits Date Issued

# of Units Issued Building Permits

0 3 0 0 0 1 0 40

0

0

0

0

0

0

0

0

0

1 3/28/2019 1

1 6/4/2019 1

1 6/18/2019 1

1 6/25/2019 1

Affordability by Household Incomes - Building Permits

7

3

119

Jurisdiction Corte Madera

Reporting Year 2019 (Jan. 1 - Dec. 31)

2 3

Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID+

Unit Category (SFA,SFD,2 to 4,5+,ADU,MH)

Tenure

R=RenterO=Owner

Summary Row: Start Data Entry Below033-011-58 to 73 1425 Casa Buena Dr

#101-116The Enclave (16 Townhomes)

BL-2016-0172, BL-2017-0551 , 2, 3

SFA O

025-011-33 516 Chapman Dr BL-2016-0420 SFD O

021-163-01 251 Summit Dr A

BL-2017-0296 ADU R

025-012-40 21 Edison Ave A

BL-2018-0002 ADU R

025-241-02 410 Sausalito St A

BL-2018-0496 ADU R

026-211-23 267 Golden Hind Psg A

PL-2019-0055, BL-2019-0689 ADU R

025-113-19 274 Sausalito St A

PL-2019-0018, BL-2019-0458 ADU R

025-011-22 45 Buena Vista Ave A PL-2019-0014, BL-2019-0498 ADU R

038-011-21 0 Robin Dr Robin Drive The Preserve Phase II - (16) SFDs

PL-2017-0056 SFD R

038-011-21 0 Robin Dr Robin Drive The Prserve Phase II - (8) ADUs

PL-2016-0060 ADU R

025-191-04 481 Montecito Dr A

BL-2018-0479 ADU R

038-274-01 159 Prince Royal Dr A

BL-2018-0617 ADU R

025-216-13 20 Fairview Ave A

BL-2019-0052 ADU R

021-163-28 311 Summit DrA

BL-2019-0037 ADU R

Project Identifier

1

Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Unit

Types

11 12

Very Low- Income Deed

Restricted

Very Low- Income Non

Deed Restricted

Low- Income Deed

Restricted

Low- Income Non Deed Restricted

Moderate- Income Deed

Restricted

Moderate- Income Non

Deed Restricted

AboveModerate-

Income

Certificates of Occupancy or other forms of readiness (see instructions)

Date Issued

# of Units issued

Certificates of Occupancy or other forms of

readiness

1 1 1 0 0 3 14 201 1 1 13 4/18/2019 16

1 1/2/2019 1

1 2/4/2019 1

1 11/12/2019 1

1 9/10/2019 1

0

0

0

0

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Affordability by Household Incomes - Certificates of Occupancy

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Jurisdiction Corte Madera ANNUAL ELEMENT PROGRESS REPORTReporting Year 2019 (Jan. 1 - Dec. 31) Housing Element Implementation

(CCR Title 25 §6202)

1 3 4

RHNA Allocation by Income Level 2015 2016 2017 2018 2019 2020 2021 2022 2023 Total Units to

Date (all years)Total Remaining RHNA by Income

Level

Deed Restricted 4 1Non-Deed Restricted 1 1 1 5 3Deed Restricted 12 1Non-Deed RestrictedDeed RestrictedNon-Deed Restricted 2 1 2 2 1

Above Moderate 24 164 13 2 17972

183 17 5 7 4 216 11Note: units serving extremely low-income households are included in the very low-income permitted units totalsCells in grey contain auto-calculation formulas

Total RHNATotal Units

Income Level

Very Low

Low

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This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.

8Moderate

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Please contact HCD if your data is different than the material supplied here

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Table BRegional Housing Needs Allocation Progress

Permitted Units Issued by Affordability

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Jurisdiction Corte MaderaReporting Year 2019 (Jan. 1 - Dec. 31)

1 2 3 4Name of Program Objective Timeframe in H.E Status of Program Implementation

Program H-1.2.aAnti-Discrimination Ordinance

Continue to enforce the town Ordinance to prohibit discrimination based on source of person’s income or use of rental subsidies.

OngoingTown is continuing to enforce the Ordinance. Non-discrimination clauses are required and monitored for affordable housing agreements for Tam Ridge Residences, San Clemente Place, and The Enclave.

Program H-1.2.bRespond to Discrimination Complaints

Director of Planning and Building is Equal Opportunity Coordinator for the Town responding to complaints and will refer warranted cases to appropriate county or state agency.

As needed Town continues responsibility to review and refer cases.

Program H-1.3.aTargeted Marketing

Condition a targeted marketing inclusionary program for new housing project approvals.

As neededOn-going; projects are required to focus outreach and advertisement locally. The requirement was included in affordable housing agreements for Tam Ridge Residences, San Clemente Place and The Enclave Town Homes.

Program H-1.4.a.aHousing Types

Adopt the following revision to the Zoning Ordinance: Add “factory-built housing” and “mobile-home” to definition of the Zoning Ordinance

One year This program has not yet been implemented. It will be considered the next time the town amends the Zoning Ordinance.

Program H-1.4.a.bHousing Types

Adopt the following revision to the Zoning Ordinance: Add “single room occupancy” to the definition of the Zoning Ordinance allowed in C-1, C-2 and C-3 Districts

One year This program has not yet been implemented. It will be considered the next time the town amends the Zoning Ordinance.

Program H-1.5.a.aRemove Zoning Barriers

Adopt the following revisions to the Zoning Ordinance: Add “Transitional Housing” and “Supportive Housing” to the definition of the Zoning Ordinance allowed in all residential districts subject to the same development standards as other housing types in these zones consistent with state law

One year

COMPLETED: Ordinance No. 945 adopted January 20, 2015. Transitional and supportive housing were added to the definitions of single-family dwelling, multiple dwelling, and multiple houses, thereby ensuring that supportive housing and transitional housing are treated as residential uses subject to the same restrictions as residential dwellings of the same type in the same zone. Existing 79-unit, 100% affordable, San Clemente Housing project referenced above includes 20 supportive housing units.

Housing Programs Progress Report Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing

element.

Table DProgram Implementation Status pursuant to GC Section 65583

ANNUAL ELEMENT PROGRESS REPORTHousing Element Implementation

(CCR Title 25 §6202)

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Program H-1.5.a.bRemove Zoning Barriers

Adopt the following revision to the Zoning Ordinance: In compliance with SB 2, amend the Zoning Ordinance to allow Emergency Shelters by right in the Public/Semi-Public District with development and operational standards

One year

COMPLETED: Ordinance No. 946 adopted January 20, 2015. The Zoning Ordinance was amended to allow emergency shelters as a permitted use in the P/SP Public and Semi-Public Facilities District, subject to operational standards permitted by State law including parking requirements, on-site management and security requirements, location of waiting/intake areas, proximity to other shelters, lighting, and length of stay. The maximum number of beds or clients permitted to be served is 13.

Program H-1.5.bReasonable Accommodation

Reduce barriers in housing for individuals with disabilities by amending the Zoning Ordinance to provide exceptions to development standards, e.g. access ramps.

One year

COMPLETED: Ordinance No. 947 adopted January 20, 2015. The Zoning Ordinance was amended to provide a procedure for people with disabilities to request reasonable accommodation in the application of zoning laws and other land use regulations, policies and procedures. Applications are reviewed and approved by the Planning and Building Director if no discretionary permit approval is required other than the request for reasonable accommodation. Otherwise, the request is reviewed by the appropriate reviewing authority.

Program H-1.5.c.Neighborhood Relations

Encourage relations/communications between neighborhoods and operators of emergency shelters and residential care facilities

Ongoing This program has not yet been implemented. Currently there are no emergency shelters or residential care facilities in Town.

Program H-1.6.aAdaptable Units for the Disabled

Ensure new housing developments include units that can be adapted for use by the disabled

Ongoing On-going; as development occurs.

Program H-1.6.bResidential Care Homes

Continue to allow small licensed group homes by right in all residential districts consistent with the development standards of that district

Ongoing Use is currently by right in all residential districts.

Program H-1.7.aDensity Bonus for Special Needs Housing

Continue to grant bonuses for projects thatinclude units for persons of special needs Ongoing Senior Housing projects are currently allowed in the Zoning Ordinance at greater

density (1/2,000 sf) in the R-2 District.

Program H-1.8.a.Family Housing Amenities

Require amenities for families with children Ongoing On-going; as development occurs. The Enclave project includes an on-site tot lot.

Program H-1.9.a.Countywide homeless programs

Engage with other Marin jurisdictions to provide additional housing and other options for the homeless.

Ongoing The town continues to work with Marin Housing Authority to address homeless issues.

Program H-1.11.a.Rental Assistance Programs

Continue to publicize available affordable units and programs as they come available in conjunction with the Marin Housing Authority

OngoingThe town includes Marin Housing Authority announcements in Town’s Monthly Newsletter. The Town advertised available affordable housing units at The Enclave through Marin Housing Authority.

Program H-1.12.a.Energy Assistance Programs

Develop and implement measures publicizing use of energy assistance programs to low and moderate income families

Ongoing The Town has adopted the Property Assessed Clean Energy (PACE) CaliforniaFIRST program.

Program H-2.1.a.Provide a variety of Housing Types & Affordability

Promote mix of housing types andaffordability by working with developers. Ongoing On-going; as development occurs.

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Program H-2.2.a Update programs and ordinances to address needs of Extremely Low- Income HHs

Amend Affordable Housing Ordinance and Affordable Housing Fund to include percentage of units to Extremely Low- Income Households; amend requirements in AHO, AHE-A, AHE-B and AHMU overlay districts to include percentage of units to Extremely Low- Income Households

Ongoing

Existing 79-unit, 100% affordable, San Clemente Housing project referenced above includes 31 “extremely low-income housing” units.Extremely Low Income (ELI) housing needs are typically best addressed through specific housing types (e.g., single room occupancy units), rental housing, and housing developed by non-profits that can provide supportive services. As such, staff does not recommend a one-size-fits-all approach by requiring ELI units in affordable housing districts and under affordable housing inclusionary requirements. Instead, staff recommends prioritizing funding for ELI households.

Program H-2.3.aNonresidential Development Impact Fee

Continue to enforce the town Ordinance to collect nonresidential impact fee for the Affordable Housing Fund (CMC, Chapter 3.48)

Ongoing The Town collected $285,201.84 in non-residential impact fees in calendar year 2019 (1/1/2019 through 12/31/2019).

Program H-2.3.bAffordable Housing Fund

Continue to administer the Town’s Affordable Housing Fund (CMC Chapter 3.48)

Ongoing

The Town collected $285,201.84 in non-residential impact fees in calendar year 2019 (1/1/2019 through 12/31/2019). The Affordable Housing Fund’s balance is $544,002.80 (as of 12/31/2019). While the fund has been used for affordable housing projects in the past, no monies were expended during 2019.

Program H-2.3.cAffordable Housing Fund Ordinance Update

Update Affordable Housing Fund Ordinance as needed reflecting current housing costs.

Ongoing Not completed at this time.

Program H-2.4.aEmployee Housing

Offer flexible development standards to encourage employee housing on-site. Ongoing Dependent on developer interest. No applications submitted during 2019.

Program H-2.4.bEmployee Housing Bonus Units

Offer density bonus as an incentive to providing employee housing in overlay districts

Ongoing Dependent on developer interest. No applications submitted during 2019.

Program H-2.5.a. First-time Homebuyer programs

Support first-time homebuyer programs as funding comes available Ongoing Town includes Marin Housing Authority announcements in Town’s Monthly Newsletter.

Program H-2.6.a.Facilitate development of high potential housing sites

Using funding resources and other staff assistance in on-site and off-site mitigation that may be required.

Ongoing Continue to administer the Housing Fund for qualifying projects.

Program H-2.6.b.Actions for Robin Drive

Implement the mandatory Second Unitrequirement for development on this site. Ongoing

The Preserve at Marin project has received planning entitlements for an application that includes second units consistent with policy. The Town Council approved Ordinance 985, Resolutions 13-2019, 14-2019, 15-2019 on 4/2/2019.

Program H-2.6.c.Actions for 1421 Casa Buena Drive

Facilitate development of 1421 Casa Buena Drive which is designated Medium Density Residential.

Ongoing

The Enclave Townhomes were approved in 2015, and completed in 2019, consisting of 16 units; 3 units of which will be affordable under the Town’s inclusionary zoning regulations. Construction was completed and Certificates of Occupancy issued on 9/10/2019.

Program H-2.6.dActions for Wornum Drive Extension, Town owned parcel

Amend Zoning Ordinance to include AHE-B Overlay District for up to 25 affordable units 31.5 units/acre 100% affordable multifamily project.

Two years Zoning amendment completed; realistic development capacity changed to 20 units and incorporated into 2015-2023 Housing Element.

Program H-2.7.aActions for Old Corte Madera Sq.

Facilitate development up to the allowed AHO Overlay district density of 25 units/acre.

Dependent on Developer Interest

Dependent on developer interest; no properties have come available to take advantage of the AHO incentives.

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Program H-2.8.aGeneral Plan Amendments

Discourage General Plan Amendments and Rezoning actions that would reduce residential densities on High Potential Housing Sites.

Ongoing

No General Plan Amendments or Rezoning applications were submitted that reduced residential densities on High Potential Housing Sites. However, the Marin Montessori project was approved in 2017. This project amended the General Plan from Low Density Residential to Public and Semi-Public Facilities and rezoned an R-1-A parcel to Public and Semi-Public District. This resulted in the loss of one single family residential parcel. This site is not a High Potential Housing site.

Program H-2.9.aMixed-Use Zone

Amend Zoning Ordinance to include Mixed-Use Zone to sites in the General Plan with Mixed-Use designation on a case by case basis as incentive for higher density housing.

Completed A new Mixed-Use Zoning District - MX-1 was adopted in 2016 as part of the Tamal Vista Corridor Study which allows residential densities at 15 units per acre or 20 units per acre for senior housing exclusive of density bonus.

Program H-2.10.bMixed Use Development

Encourage mixed-use projects and live-work combinations Ongoing

1) Tam Ridge Residences, a 180 unit mixed use development with 3,000 squarefeet of ground floor retail is complete with ±90-95% of the residential units occupiedand the commercial space occupied by a small grocery store (March,2018).2) A new Mixed-Use Zoning District - MX-1 was adopted in 2016 as part of theTamal Vista Corridor Study which encourages mixed use projects.

Program H-2.9.cRegional Transportation/ Housing Activities

Coordinate with regional transportation planning activities and facilitate TOD using incentives through regional transportation plans.

Ongoing Town would only consider this program if the development is consistent with the underlying zoning densities.

Program H-2.10.a Incentives for Affordable Housing

Offer incentives, such as State Density Bonus, fee waivers, to encourage development of affordable housing projects.

Ongoing Application was approved for The Enclave Townhomes in 2015 including use of the State Density Bonus. The project was completed in 2019.

Program H-2.11.a Affordability controls

Require deed restrictions to maintain affordability as a condition of approval for affordable housing projects.

Ongoing This is a standard requirement for all projects with inclusionary affordable units.

Program H-2.11.bAffordability Mgt

Continue contractual agreement with Marin Housing Authority to manage affordable housing stock in Corte Madera

Ongoing The Town continues the contractual agreement with Marin Housing Authority to manage the affordable for-sale and rental housing stock in Corte Madera.

Program H-2.12.a Affordable Housing Ordinance

Continue to implement the AffordableHousing Ordinance in the Municipal Code Ongoing

San Clemente Place, built in 2008, has 79 units affordable to extremely low, very low and low income households. Tam Ridge Residences, completed in 2017, has 18 deed-restricted affordable units for very low, low and moderate income households. The Enclave Townhomes, built in 2019, consists of 16 units 3 of which are affordable, pursuant to the Inclusionary Zoning Ordinance.

Program H-2.16.bUpdate Affordable Housing Ordinance

Update Inclusionary Housing Ordinance to consider the following: adjust % of required affordable units; adjust income categories; adjust in-lieu fee schedule; allow in-lieu for projects with 10+ units

Two yearsThe Town has applied for an received SB2 grant funding to undertake an analysis that may lead to adjustments to our Inclusionary percentage or other modifications to our Inclusionary Ordinance to ensure it is not an impediment to housing development.

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Policy H-2.15.aSecond Dwelling Units

Continue to implement the Second Unit Ordinance. The goal for the 2015-2023 Housing Element is 16 new second units by 2022

Ongoing

COMPLETED: Zoning Ordinance Amendment No. 886 (2004) continues to allow a streamlined process to permit Second Units in conformance with State law.

On December 6, 2016 the Town adopted Ordinance No.961. This ordinance was in response to State legislation AB-2299 and SB-1069. Ordinance No. 961 establishes standards for the development of accessory dwelling units so as to increase the supply of affordable housing while ensuring that they remain compatible with the existing neighborhood context.

Zoning Ordinance Amendment No. 992, adopted on 1/21/20, repealed and replaced the Town's existing ADU ordinance to reflect 1) changes necessary to comply with new state law (SB-229 and AB-94); 2) changes to clarify existing regulations; and 3) changes to existing policy to better reflect the Town’s ADU goals.

Four (4) Accessory Dwelling Units were issued building permits during 2019.

Program H-2.15.b Junior Second Units

Review and adopt standards to allow the creation of junior second units. Two Years

COMPLETED: On December 6, 2016 the Town adopted Ordinance No. 962; which outlines requirements for the creation of junior accessory dwelling units and lists provisions relating to matters including unit size, utility provisions, parking, fees, and other requirements.

Zoning Ordinance Amendment No. 992, adopted on 1/21/20, repealed and replaced the Town's existing ADU ordinance to reflect 1) changes necessary to comply with new state law (SB-229 and AB-94); 2) changes to clarify existing regulations; and 3) changes to existing policy to better reflect the Town’s ADU goals.

No junior second units were issued building permits in 2019.

Program H-2.16.a Requirement for Second Units in new developments

Amend Zoning Ordinance to require Second Units as a condition of a Parcel or Tract Map. The goal for the 2015-2023 Housing Element is 16 new second units by 2022.

Ongoing

Four (4) second units were developed during 2019; none were a result of this program. The Preserve at Marin project, which received entitlement on April 2, 2019, requires 50% of residential lots in subdivision include ADUs - this computes to a total of eight (8) ADUs for the project.

Program H-2.17.a Second Unit Amnesty

Consider an amnesty program for existing Second Units constructed without prior authorization. A specific period will be allowed for owners of un-permitted units to obtain permits for their units without incurring fines.

Ongoing This program has not yet been implemented.

Program H-3.1.a Adopt Residential Design Guidelines

Adopt Design Guidelines for those specific individual residential neighborhoods throughout town.

Ongoing This program has not yet been implemented.

Program H-3.1.bDesign Flexibility

Revise Zoning Ordinance development standards to ensure flexibility of design solutions.

Three years Ordinance No 967, adopted 9/19/17, increased residential lot coverage in R-1 Zoning Districts to allow additional design flexibility.

Program H-3.2.aHousing Design Principals Adopt residential Design Guidelines Three years This program has not yet been implemented.

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Program H-3.3.aResidential Scale and Character

Require new housing developments be of high quality and compatible with the existing residential character.

Ongoing Implemented through design review process.

Program H-3.5.aCondominium Conversion Ord.

Continue to enforce the criteria included inthe condominium conversion ordinance. Ongoing Ongoing; current ordinance is being enforced.

Program H-3.6.a“At Risk” Units

Continue to fund Marin Housing Authority’s program to monitor “at risk” affordable units with deed restrictions.

Ongoing This program is funded annually. No Below Market Rate ownership units were lost during the planning period.

Program H-3.7.aProtect and conserve the existing housing stock and existing residential areas

Protect residents and maintain properties in good condition and appearance to eliminate unsafe and unhealthy conditions and encourage programs to rehabilitate viable older housing to preserve neighborhood character.

Ongoing The existing older apartments at 1441 Casa Buena have been renovated and improved and are available for rent.

Program H-3.7.b Property Maintenance Ordinance

Amend Municipal Code authorizing Town to abate poorly maintained properties if owner does not voluntarily comply with order to abate nuisance

Ongoing Completed: Public Nuisance Sections 9.04 and 9.05 were adopted by Town Council on June 7, 2011.

Program H-4.1.aCommunity Outreach

Prepare information and conduct outreach on housing issues. Ongoing The Town developed information and conducted outreach on housing issues,

especially during the update of the Housing Element and the ADU Ordinance process.

Program H-4.2.aNeighborhood Meeting Procedures

Adopt procedures for developers to meet with neighbors prior to development application submittals.

OngoingCompleted: Early neighborhood outreach is common for proposed projects and encouraged by staff early in the planning stage and is included in the application process.

Program H-4.3.aInter-jurisdictional Planning

Collaborate with other Marin jurisdictionsfor efforts to plan for and provide housing. Ongoing

Due to the new streamlined review housing element update process, an updated Marin Countywide Housing Workbook was not prepared for the 2015-2023 planning period. The county’s planners regularly share information and best practices for housing strategies. The junior second unit concept was a result of this inter-jurisdictional effort.

Program H-4.4.aPlanning & Building Department

Departments will continue to provide lead responsibility implementing town’s housing policies and programs.

Ongoing Ongoing efforts by both Planning and Building Departments.

Program H-4.5.aStaff Responsibilities

Planning and Building Departments will work with community and elected leaders to seek revenue resources for housing developments as they become available.

Ongoing This program has not yet been implemented.

Program H-4.6.a.Affordable Housing Fund

Implement Affordable Housing Fund Ordinance and add to funds. Ongoing

The Town collected $285,201.84 in non-residential impact fees in calendar year 2019 (1/1/2019 through 12/31/2019). The Affordable Housing Fund’s balance is $544,002.80 (as of 12/31/2019). While the fund has been used for affordable housing projects in the past, no monies were expended during 2019.

Program H-4.7.aHousing Element Review

Comply with requirements for Housing Element Annual Review Report. Ongoing Calendar year 2019 Housing Element Annual Review Report will be submitted to the

Town Council on March 17, 2020.Program H-4.7.bHousing Element Update

Undertake Housing Element Updates in accordance with State Law. Ongoing The 2015-2023 Housing Element will be updated in 2023

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Attachment 3 SB 35 Statewide Determination Summary

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SB 35 Statewide Determination Summary

June 2019 Page 1 of 6

This determination represents Housing Element Annual Progress Report (APR) data received as of June 25, 2019. The following 28 jurisdictions have met their prorated Lower (Very-Low and Low) and Above-Moderate Income Regional Housing Needs Assessment (RHNA) for the Reporting Period and submitted their latest APR (2018). These jurisdictions are not currently subject to the streamlined ministerial approval process (SB 35 (Chapter 366, Statutes of 2017) streamlining), but the jurisdictions are still encouraged to promote streamlining. All other cities and counties beyond these 28 are subject to at least some form of SB 35 streamlining, as indicated on the following pages.

For more detail on the proration methodology or background data see the SB 35 Determination Methodology.

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10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Cities and Counties Not Currently Subject to SB 35 Streamlining Provisions

JURISDICTION ATHERTON BEVERLY HILLS CALISTOGA CARPINTERIA CORONADO CORTE MADERA EL CERRITO FOSTER CITY GUADALUPE HILLSBOROUGH INDUSTRY LAGUNA NIGUEL LEMON GROVE MENLO PARK MILL VALLEY MONTE SERENO MONTEREY COUNTY ROHNERT PARK SAINT HELENA SAN BERNARDINO COUNTY SANTA ANA SANTA CLARA COUNTY SANTA MONICA SOLVANG SONOMA COUNTY UKIAH WEST HOLLYWOOD WOODSIDE 129

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CORTE MADERA TOWN COUNCILSTAFF REPORT

REPORT DATE: March 11, 2020 MEETING DATE: March 17, 2020

TO: Honorable Mayor and Members of the Town Council

FROM: Marla Orth, MPH, MS – Town Resilience Coordinator

Todd Cusimano, Town Manager

SUBJECT: Request by Mayor Andrews for a Temporary Exemption Waiver submitted by the Town Resilience Coordinator for the use of gas-powered leaf blowers in the Town’s evacuation routes fuel reduction program.

RECOMMENDED ACTION:

Mayor Andrews and Resilience Coordinator Orth are requesting a temporary waiver of the provision in the recently adopted Ordinance No. 989 that pertains to the ban on gas-powered leaf blowers in the Town of Corte Madera. The temporary waiver is requested for the contractors completing this year’s Evacuation Routes and Fuel Reduction Program. The program completion is Summer 2020, and should not require repeat effort for two to three years.

BACKGROUND:

At its November 19, 2019 meeting, the Town Council adopted an amended noise ordinance, which included a provision that enacted a complete ban on gas-powered leaf blowers, effective March 1, 2020. During the meeting, the Town Manager requested that the council consider allowing an exemption for Town staff and its contractors. The concerns raised by staff in this staff report were not specifically discussed at the November 19th meeting, but budget, efficiency and productivity were. At the time of this discussion, the Town Council was unanimous and clear that they were not in favor of exempting town staff, or its contractors. Ordinance No. 989, as adopted, reflects that decision.

In November 2019, the Town of Corte Madera launched the town-wide Evacuation Route Fuels Reduction Program. This program is intended to further increase defensible space in residential neighborhoods, to improve ingress & egress for first responders, to improve primary and secondary evacuation routes for residents, to improve vehicular sightlines, and to enhance safety for both pedestrian and bicyclist users of the roadway.

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Per the California Fire Code (Section 4907.2) and ordinances adopted by the Town, roadside vegetation is required to be cleared from overhanging or crowding the roadway and sidewalks. This clearance allows for safe and unimpeded access by emergency vehicles and unobstructed sidewalk access wherever they exist. Overhead clearance should be 15 feet. The sides of roads and driveways should have 10 feet clearance and special emphasis given to encroachments into the public right-of-way.

Adherence to the Code and Town ordinances is the property owner’s responsibility; however, the Town recognized that this level of vegetation removal is unprecedented, daunting and expensive for a homeowner. Using Measure F funds, the Town has offered a one-time abatement at no cost to the homeowner, to bring our streets into compliance. Participation is voluntary. A homeowner may choose to opt-out but is still responsible for bringing vegetation on their property into compliance.

In collaboration with the Central Marin Fire Department, the Town prioritized streets to be abated and the scope of work to be performed. The Town’s Resilience Coordinator then designed and implemented the goals and objectives of each abatement project. Working full-time, the contract Resilience Coordinator and her core contractors have abated the most critical of the Town’s streets. They will continue to abate streets in order of priority. Many of the streets in Town have never been abated with the exception of the work performed by PG&E contractors.

The fuel loads that have been removed are impressive. The work is laborious and challenging. To this date, approximately 16 streets have been completed. An additional 16 streets are scheduled for March and early April. Work will continue until all the required streets have been abated or Red-flag weather conditions make continuance imprudent.

DISCUSSION:

Mayor Andrews and Town Resilience Coordinator Orth feel the decision to not exempt Town staff and/or its contractors, may have had an unintended consequence and have requested a discussion at the Town Council level.

Effective March 1, 2020, the Town enacted a no-exception ban on the use of gas-powered leaf blowers. We did not contemplate the impact that the ordinance would have on the fire safety effort.

• Electric blowers are inefficient and lack the power necessary to quickly andthoroughly clean debris from the streets during and following abatement of trees andbrush. Most machines last at best for 3 hours in a normal setting. Continuous use ofthese machines however is 1 ½ to 2 hours with current technology. Battery packsprovide about the same charge to the base machine. The average workday is 9 hoursand each crew has five to six workers. To perform our tasks therefore would require3-4 electric blowers fully charged in addition to battery backup as there is no placefor contractors to recharge their machines during the workday. This is per landscape

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team. The Town has 2-3 contractor crews working at any one time during peak activity.

• The machines are very costly ranging $1,700-$2,000 retail. This is a cost notcontemplated in the original bids sought of landscape contractors working on this firesafety project. For that reason, the Town is considering the purchase of a fewmachines and giving the contractors access to them. This would be beneficial to theTown because we would not need to rebid on any projects since the Town would beproviding the machines to conduct the work.

• Because the town’s streets are narrow, public right-of-way heavily encroached, andfuel loads extensive, the project experiences considerable challenges with trafficmanagement. Every time a car approaches to pass a work in progress, the crews muststop, chip materials already in the street, and remove debris from the roadway inorder to ensure safe passage. This results in an inefficient stop and restart processthroughout the day. Dozens of interruptions per day are not uncommon. The electricblowers are ineffective in removing detritus quickly, which results in driverfrustration due to more extensive delays, crew down-time and impeded progress.Thus far, it has been estimated we lose 20-25% in production and a correspondingincrease in cost. Projects cannot be aggressively scheduled as was originallyenvisioned and as planned.

• There are no current or feasible technology approaches to the use of “quiet” heavyequipment which must be used to effectively & efficiently clear our long-standing firerisks. Leaf blowers are a minor part of the overall noise level for these projects.

Request for project waiver:

The Town remains committed to aggressive fuel load management in our fire-prone hillsides. With compromised ingress/egress, a waiver needs to be considered for this fire safety program. The ban on gas-powered blowers has created unintended consequences.

The goal is to complete most of the evacuation route fuels project by mid-summer, however completion is dependent on weather conditions, landscape contractor availability, resident cooperation and better coordination of all available resources.

Therefore, I respectfully request the Town Council consider a temporary waiver for the evacuation route fuels reduction program contractors so that we may maintain our production levels and accomplish a tantamount goal in our Town’s resiliency efforts.

FISCAL IMPACT:

• If a temporary exemption is approved, there will be no fiscal impact to the budget.• If a temporary exemption is denied, there will be a number of financial considerations:

1. Purchase electric powered leaf blowers and battery packs for Town contractors.Potential costs are estimated to be $20,000 to $25,000.

2. Contractor work will be less effective and would take longer to complete. Costswill be passed on to the Town. It is difficult to anticipate what the additional cost

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will be at this time.

ENVIRONMENTAL IMPACT:

This activity is not defined as a project under CEQA (Section 15378 CEQA Guidelines).

ATTACHMENTS:

1. Ordinance No. 9892. Evacuation Route Fuels Reduction Program List of Completed Streets

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ATTACHMENT 1

Ordinance No. 989

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ORDINANCE NO. 989

AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF CORTE MADERA REPEALING AND REPLACING CHAPTER 9.36 OF THE MUNICIPAL CODE TO UPDATE AND CLARIFY THE REGULATION OF EXCESSIVE AND OFFENSIVE NOISE

WHEREAS, Based on extensive scientific research, the World Health Organization and the U.S. Environmental Protection Agency have determined that persistent exposure to elevated levels of community noise is responsible for public health problems; and

WHEREAS, the Town has a significant challenge in protecting public health from the adverse effects of community noise arising from diverse sources such as transportation, construction, mechanical equipment, entertainment, and human behavior; and

WHEREAS, In recent years, the continuing increased use of leaf blowers has become an additional and significant source of disturbing noise in the Town; and

WHEREAS, The General Plan for the Town recognizes noise as a threat to the community's well-being and identifies policies and programs to address noise impacts related to new uses and construction activities; and

WHEREAS, The Town has faced ongoing challenges with implementation and enforcement of its existing noise regulations; and

WHEREAS, The Town Council wishes to update, modernize and clarify its existing noise ordinance to address these challenges.

NOW THEREFORE, the Town Council of the Town of Corte Madera does hereby ordain as follows:

SECTION 1. Repeal of Existin~ Chapter 9.36 of the Municipal Code.

Corte Madera Municipal Code Title 9, Chapter 9.36 is hereby repealed.

SECTION 2. Adoption of New Chapter 9.36 of the Municipal Code.

Corte Madera Municipal Code Title 9 is hereby amended by adding Chapter 9.36 thereto to read as follows:

9.36.010 - Declaration of policy.

It shall be the policy of the town to prohibit excessive and offensive noises from all sources. At certain levels, noises are detrimental to the health, safety and welfare of the citizenry and in the public interest should be systematically proscribed and declared a nuisance.

9.36.020 - Definitions.

Unless the context otherwise clearly indicates, certain words and phrases used in this chapter are defined as follows:

(a) "Ambient noise" means the all-encompassing noise associated with a given environment, being a composite of sounds from any sources, near

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and far. For the purpose of this code, ambient noise level is the average over five minutes excluding random or intermittent noises and the alleged offensive noise measured at the location and time of day at which a comparison with an alleged offensive noise is to be made. Averaging may be done by instrumental analysis in accordance with American National Standards S.13-1971, or may be done manually as follows:

(i) Observe a sound level meter for five seconds and record the best estimate of central tendency of the indicator needle, and the highest and lowest indications;

(ii) Repeat the observations as many times as necessary to provide that observations be made at the beginning and at the end of the five­ minute averaging period and that there shall be at least as many additional observations as there are decibels between the lowest low indication and the highest high indication;

(iii) Calculate the arithmetical average of the observed central tendency indications.

(b) "Decibel" means a unit for measuring the relative loudness of sounds equal approximately to the smallest degree of difference of loudness ordinarily detectable by the human ear whose range includes approximately one hundred thirty decibels on a scale beginning with one for the faintest audible sound.

( c) "Mechanical device" means any machinery or equipment; pump, fan, air­ conditioning apparatus, or similar device; radio receiving set, musical instrument, phonograph, television set, or other similar device; motorized landscape equipment, including lawn mowers, shears, leaf blowers or similar equipment; and burglar alarm or other emergency signaling device. Mechanical device does not include vehicles or motor carriers.

( d) "Multi-unit residence" means property containing two or more units with a shared wall including for example, rental complexes, common interest complexes, senior citizen residences, and nursing homes. This does not include single family homes with detached or attached accessory dwelling units or junior accessory dwelling units.

( e) "Noise level" means the sound level in decibels dBA measured on the A­ weighted scale as defined by the American National Standard Institute specifications S 1.41971 or the most recent revision thereof.

(f) "Noise level measurement." For the purpose of enforcement of the provisions of this chapter, noise level shall be measured on the A­ weighted scale with a sound level meter satisfying at least the applicable requirements for Type 1 sound level meters as defined in American National Standard Section 1.4-1971 or the most recent revisions thereof. The meter shall be set for slow response speed, except that for impulse noises or rapidly varying sound levels, fast response speed may be used. Prior to each measurement, the meter shall be verified, and adjusted to ±0.3 decibel by means of an acoustical calibrator.

The location selected for measuring noise levels shall be at any appropriate point at the property plane of the property from which the

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noise is emitted. Where feasible, the microphone shall be at a height of three to five feet above ground level and at least four feet from walls or similar reflecting surfaces.

(g) "Person" means a person, firm, association, co-partnership, joint venture, corporation, or any entity, public or private.

(h) "Powered construction equipment" means any tools, machinery or equipment used in connection with construction operations which can be driven by energy in any form other than manpower, including all types of motor vehicles when used in the construction process on any construction site, regardless of whether such construction site be located on-highway or off-highway.

(i) "Property plane" means the vertical line through the property line which determines the property boundaries in space.

G) "Residential property" means a building contammg one or more "dwelling units" as the term is "dwelling unit" is defined in Title 18 of this code.

(k) "Zoning districts" shall be as defined and described in Title 18 of this code.

9.36.030 - Specific maximum noise levels for mechanical devices.

(a) Except as provided in subsections (b)-(d) below, it is unlawful for any person to operate any mechanical device in any manner so as to create any noise which would cause the noise level at the property plane of the property from which the noise is emitted to exceed the following values:

(i) For noises emitted from residential zoning districts (R-1-A, R-1-B, R-1-C, R-1, R-2, R-3), a noise level more than twenty five (25) dBA above the local ambient for a cumulative period of more than ten (10) minutes in any hour, a noise level more than thirty five (35) dB A above the local ambient or a cumulative period of more than three (3) minutes in any hour, or a noise level more than forty ( 40) dBA above the local ambient noise level for any amount of time.

(ii) For noises emitted from all zoning districts other than those listed in subsection (a)(i), a noise level more than forty (40) dBA above the local ambient for a cumulative period of more than ten (10) minutes in any hour, a noise level more than fifty (50) dBA above the local ambient for a cumulative period of more than three (3) minutes in any hour, or a noise level more than fifty five (55) dBA above the local ambient noise level for any amount of time.

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TABLE 1

The noise limits described in subsection (a) are as follows:

Zoning District Sound Level Above Ambient Cumulative Time of Condition Not to Be Exceeded (dBA) R-1-A R-1-B Noise than 10 ' ' occurs more R-1-C R-1 25 ' ' minutes in any hour R-2 R-3 ' R-1-A R-1-B Noise occurs more than three ' ' R-1-C R-1 35 ' ' minutes in any hour R-2 R-3 ' R-1-A R-1-B ' ' R-1-C R-1 40 Noise occurs any amount of time ' ' R-2 R-3 ' All other 40 Noise occurs more than 10 zoning districts minutes in any hour All other 50 Noise occurs more than three zoning districts minutes in any hour All other 55 Noise occurs any amount of time zoning districts

(b) Except on federal holidays, the provisions of subsection (a) shall not apply to construction or demolition work performed during the following times: Monday through Friday from seven a.m. to five p.m.; and Saturday and Sunday from ten a.m. to five p.m.; provided, that all powered construction equipment is equipped with intake and exhaust mufflers recommended by the manufacturers thereof; and provided, further, pavement breakers and jackhammers shall also be equipped with acoustical attenuating shields or shrouds recommended by the manufacturers thereof. In lieu of or in the absence of manufacturer's recommendations, the town engineer shall have the authority to prescribe such means of accomplishing maximum noise attenuation as that person deems to be in the public interest, considering the available technology and economic feasibility. The Director of Planning and Building shall have the sole discretion to increase the hours exempt from the provisions of subsection (a) for construction or demolition work. Such decision shall be based upon the likelihood of noise impacts to residential uses and the emergency nature and/or purpose of construction activities, and shall be made in writing, specifying the exempt hours and any conditions under which such exemption shall apply.

(c) The provisions of subsection (a) shall not apply to: (1) motorized landscape equipment, including lawn mowers, shears, leaf blowers or similar equipment; (2) any burglar alarm or other emergency signaling device; or (3) any standby machinery or equipment necessarily operated in emergency situations, including but not limited to generators used in emergency periods such as during power outages.

9.36.040 - Leaf Blower Restrictions.

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(a) Ban on Gas-Powered LeafBlowers: Beginning on March 1, 2020, it shall be unlawful for any person to operate a gas-powered leaf blower at any time in the town.

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(b) Restricted Hours for Leaf Blowers: It shall be unlawful for any person to operate any leaf blower during the following times:

(1) Residential Properties other than Multi-Unit Residences: No leaf blower may be operated at any residential property that is not a multi-unit residence except between the hours of nine a.m. and five p.m. on weekdays and between the hours of ten a.m. and four p.m. on Saturdays.

(2) Other Properties and Use by Town: No leaf blower may be operated at any multi-unit residence or nonresidential property, and no leaf blower may be operated by on-duty staff or contractors of the town, except between the hours of seven a.m. and five p.m. on weekdays, and between the hours of ten a.m. and four p.m. on Saturdays.

(3) Sundays and Holidays: It shall be unlawful for any person to operate a leaf blower in any area of the town on Sundays or federal holidays.

( c) Debris Removal: It shall be unlawful for any person who operates a leaf blower within the town to allow any leaves, dirt or any other debris blown to enter the storm drain system. All leaves, dirt, or any other debris blown on to public property or in the public right-of-way must be cleaned up and removed.

( d) Exemption for School District: The restrictions in subsections (a) and (b) above do not apply to the use of leaf blowers by on-duty staff or contractors of the Larkspur-Corte Madera School District on property owned or leased by the School District.

9.36.050 - Night Time General Noise Regulations.

(a) It is unlawful for any person without justification to make or continue, or cause to permit to be made or continued, between the hours of ten p.m. and six a.m. daily, any excessive or offensive noise that disturbs the peace or quiet of any neighborhood or that is unreasonably disturbing to a person of ordinary sensitivities residing in the area. The standards that shall be considered in determining whether a violation of this section exists shall include, but not be limited to:

( 1) The level of the noise, which shall be the primary standard utilized;

(2) Whether the nature and origin of the noise is usual or unusual;

(3) Whether the origin of the noise is natural or unnatural;

( 4) The level of ambient noise;

( 5) The proximity of the noise to residences, hotels and other buildings containing sleeping accommodations;

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(6) The nature and zoning of the property from which the noise emanates;

(7) The duration of the noise; and

(8) Whether the noise is intermittent or constant.

(b) Subsection (a) is intended to regulate, among other types of noises, noises created by mechanical devices that do not exceed the maximum noise levels set forth in section 9.36.030; provided, however, that subsection (a) shall not be construed to regulate noises made by ( 1) emergency vehicles, (2) any burglar alarm or other emergency signaling device, or (3) any standby machinery or equipment necessarily operated in emergency situations, including but not limited to generators used in emergency periods such as during power outages,

(c) Subsection (a) shall not be construed to regulate noises made by animals. Rather, pursuant to Section 8.040.010 of this Code, the Town regulates animal noise by enforcement of section 8.04.179 of the Marin County Animal Services Ordinance, or successor ordinance, which prohibits habitual animal noise that unreasonably disturbs the peace.

9.36.060 - Violation-Penalty and Remedies.

(a) A violation of any provisions of this chapter shall constitute an infraction.. Each calendar day any such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

(b) As an additional remedy, the operation or maintenance of any device, instrument, vehicle or mechanical device in violation of any provision of this chapter shall be deemed and is declared to be a public nuisance and may be subject to summary abatement, to a restraining order, or to a temporary or permanent injunction issued by a court of competent jurisdiction.

( c) The penalties and remedies provided in this section shall be in addition to any other remedy, remedies, or penalties provided in this code or any other law or ordinance, including but not limited to public nuisance. Application of remedies in addition to or in place of those provided in this subsection (a) shall be at the sole discretion of the Town, and shall conducted in accordance with the code provisions, ordinance or laws providing for such additional remedies or penalties.

9.36.070 Construction and Application.

(a) This chapter shall be construed so as not to conflict with applicable federal or state laws, rules, or regulations, including but not limited to the federal Noise Control Act (42 U.S.C. section 4971) and the California Vehicle Code, or their successor statutes. Nothing in this chapter shall authorize any Town agency or department to impose any duties or obligations in conflict with limitations on municipal authority established by state or federal law at the time such agency or department action is taken.

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- (b) To the extent the regulations set forth in this chapter affect speech activity protected by the federal or California Constitution, they are to operate as reasonable time, place and manner regulation of that activity. This chapter shall not be construed to authorize its enforcement, and shall not be enforced or applied, based on the content of protected speech activities, or the identity or viewpoint of the person engaged in such speech activities.

SECTION 3. CONFORMITY WITH THE GENERAL PLAN.

The Town Council finds that this Ordinance is consistent with the policies and programs of the 2009 Town of Corte Madera General Plan. Specifically, the Ordinance updates the current noise ordinance of the Town consistent with Policy PSH - 5.5 and Implementation Program PSH - 5.5.a, related to exemptions from noise standards for emergency vehicles and emergency generators; Policy PSH - 5. 7 and Implementation Program PSH - 5. 7 .a, related to permitted hours and allowances for construction activities; and Policy - 5 .6 related to updating the Town's noise ordinance with the standards and policies in the General Plan.

The General Plan contains several other policies and programs related to noise that relate specifically to performance standards for new proposed uses in the Town and the evaluation of such standards during the planning and development review process. This Ordinance complements and supplements the policies of the General Plan by addressing uses and sources of noise for approved projects and the existing environment.

SECTION 4. Severability.

The Town Council hereby declares every section, paragraph, sentence, clause and phrase in this ordinance is severable. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected by such invalidity or unconstitutionality.

SECTION 5. Inclusion in the Corte Madera Municipal Code.

It is the intention of the Corte Madera Town Council that the text in Section 2 be made a part of the Corte Madera Municipal Code and that the text may be renumbered or re- lettered and the word "Ordinance" may be changed to "Section", "Chapter", or such other appropriate word or phrase to accomplish this intention.

SECTION 6. Compliance with the California Environmental Quality Act.

The Town Council finds that the proposed Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) since it can be seen with certainty that there is no possibility that the changes to the Corte Madera Municipal Code (activity in question) will have a significant effect on the environment. This Ordinance updates, clarifies, and modernizes the existing noise ordinance to address ongoing challenges with implementation and enforcement of existing noise standards. The Ordinance will not have any effect on the existing ambient noise levels in Town, cause ground borne vibration or noise levels, or have any effect on aircraft flight paths since the Ordinance will not facilitate any particular project, but rather clarify and modify the Town's standards under which certain noises will be determined to be excessive and offensive.

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Additionally, the Town Council finds that the proposed Ordinance is within the scope of the Program EIR for the 2009 General Plan, certified by the Town Council on April 21, 2009, and therefore no subsequent EIR is required pursuant to CEQA Guidelines Section 15162 and 15168, since the Ordinance implements two programs of the Town of Corte Madera General Plan, as described in Section 3 above.

SECTION 7. Effective Date.

This Ordinance shall go into effect thirty (30) days following its adoption. The prohibition against operation of gas-powered leaf blowers set forth in Municipal Code section 9.36.040 (a) shall not take effect until March 1, 2020.

SECTION 8. Posting.

The Town Clerk shall cause a summary of this ordinance to be published in the Marin Independent Journal within 5 days prior to passage and within 15 days after passage.

IT IS HEREBY CERTIFIED that the foregoing ordinance was duly introduced at a regular meeting of the Corte Madera Town Council held on November 5, 2019, and thereafter passed and adopted by the Corte Madera Town Council on November 19, 2019, by the following vote, to wit:

A YES: Andrews, Bailey, Beckman, Kunhardt, Ravasio NOES: - None - ABSENT: - None - ABSTAIN: - None -

~~ 4esi.Andrews, Mayor

ATTEST:

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ATTACHMENT 2

Evacuation Route Fuels Reduction Program List of Completed Streets

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TOWN OF CORTE MADERA EVACUATION ROUTE FUELS REDUCTION PROGRAM

STREETS COMPLETED AS OF 3/10/20-22

• Meadowcrest • Meadowsweet • Hawthorne • Deer Run • Lupine • Casa Buena • Montecito • Meadow Valley • Palm • Nellen • Valencia • Redwood • North Willow • Conow • Sanford • Hart • Alta • Alta Way • Laurel Drive • Endeavor Court • Verona Place • Pixley

STREETS SCHEDULED/NOTICED BALANCE OF MARCH-14

• Stetson • Fairview • Pleasant

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• Madrono • South west Sausalito • Woodhue • Wildwood • Encina Lane • Manzanita • Eastman • Oakdale • Rocklyn Court • Buena Vista • South Willow

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8.A.

Placing an item on the agenda: An item may be placed on the agenda by submitting a request to the Town Clerk or the

Town Manager, or their designee, by Tuesday at 5p.m. 21 days prior to the Council meeting during which the item is sought

to be considered. If such item requires staff investigation or if it will be considered at a future date in the normal course of

business (e.g., planning and budget matters), it may be deferred to a later date with concurrence of the person submitting

the item. Staff will accommodate submissions after the deadline whenever practical. (Town Council Rules and Procedures,

Section 7.4)

PRESENTATIONS: None

DECLARATION OF THE RESULTS OF THE MARCH 3, 2020 MUNICIPAL ELECTION

1. Adopt Resolution No. xx/2020 Reciting the Facts of the Election held on March 3, 2020 and Declaring

the Results and Such Other Matters as Provided by Law

OATH OF OFFICE

1. The Town Clerk will administer the Oath of Office to Newly Elected Councilmembers:

Fred Casissa and Charles Lee

REORGANIZATION OF THE TOWN COUNCIL

1. Selection of Mayor

2. Selection of Vice Mayor

CONSENT CALENDAR:

1. Waive Further Reading and Authorize Introduction and/or Adoption of Resolutions and

Ordinances by Title Only

(Standard procedural action – no backup information provided)

2. Approval of Minutes of Previous Town Council meeting

PUBLIC HEARINGS:

1. Public Hearing to Consideration and Possible Action to (1) Introduce Ordinance No. __ Providing

for the Termination of the Marin Telecommunications Agency and Repealing the

Telecommunications Ordinance Codified in Chapter xx.xxx of the Town of Corte Madera

Municipal Code; and (2) Adopt Resolution No. xx/2020 Authorizing The Marin General Services

Authority To Collect Franchise And Peg Access Fees From Cable Television Providers And To

Exercise All Powers And Functions Associated With The Digital Infrastructure And Video

Competition Act

BUSINESS ITEMS:

1.

CORTE MADERA TOWN COUNCIL DRAFT OF UPCOMING AGENDA ITEMS FOR APRIL 7, 2020

PROPOSED ITEMS, AND ORDER, ARE SUBJECT TO CHANGE

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