HomeMy WebLinkAboutTC Agd Pkt 2014-11-19TOWN OF TIBURON
Tiburon Town Hall
Tiburon Town Council
November 19, 2014
1505 Tiburon Boulevard Regular Meeting - 7:30 pm.
Tiburon, CA 94920 Closed Session - 6:30 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION - (6:30 p.m.)
PUBLIC EMPLOYEE PERFORMANCE REVIEW
(Section 54957)
Titles: Town Manager
CALL TO ORDER AND ROLL CALL
Councilmember Fraser, Councilmember O'Donnell, Councilmember Tollini, Vice Mayor Doyle,
Mayor Fredericks
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
PRESENTATION
Recognition of outgoing Commissioner Roger Smith, Tiburon representative to the Marin-
Sonoma Mosquito Abatement District
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. 515 Hilary Drive — Adopt resolution partially granting the appeal of the Design Review
Board's approval of a site plan and architectural review application for the construction of a
fence at 515 Hilary Drive; AP No. 039 - 133 -10 (Community Development Department)
2. Dairy Knoll Property — Adopt resolution accepting Grant Deed for Dairy Knoll property to
reflect its increased size and current boundaries subsequent to the Town's recent purchase of
property from the Chandler's Gate Homeowners Association (Director of Community
Development Anderson)
3. Fee Waiver — Request for waiver of fees associated with Design Review and Encroachment
Permit applications filed by the Belvedere- Tiburon Landmarks Society for the Gallows Wheels
Relocation project (Planning Manager Dan Watrous)
4. Destination:Tiburon Contract — Approve contract between the Town of Tiburon and
Destination:Tiburon for use of Tiburon Tourism Business Improvement District (TTBID)
funds (Town Manager Curran)
PUBLIC HEARINGS
1. General Plan Circulation Element Amendments — Consider adoption of proposed
amendments to the Tiburon General Plan Circulation Element Incorporating "Complete
Streets" policies and concepts and consider adoption of a Negative Declaration for the
amendments (Director of Community Development Anderson)
2, Alta Robles Precise Development Plan — Consider request for time extension of an
approved Precise Development Plan for a 14 -unit single family residential project on
approximately 52 acres of land (Planning Manager Watrous)
Address: 3625 Paradise Drive
AP Nos.: 039 - 021 -13 and 039- 301 -01
ACTION ITEMS
1. Legal Services — Discuss process for considering legal service alternatives after current Town
Attorney's retirement in 2015 (Town Attorney Danforth)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests November 7 & 14, 2014
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere - Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability- related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
14 "(44 :kvtiR $
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
To:
From
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
November 19, 2014
Agenda Item: cc — ]
Subject: 515 Hilary Drive; File #714094: Adoption of Resolution Partially
Granting an Appeal of Design Review Board's Approval of Site Plan and
Architectural Review for the Construction of a Rear Yard Fence for an
Existing Single - Family Lot; Rich and Christi McElreath, Owners; David
and Charito Mittelman, Appellants; Assessor's Parcel No. 039 - 133 -10
Reviewed By:
BACKGROUND
At its meeting of November 5, 2014, the Town Council held a hearing on this item and directed
Staff to return with a resolution partially granting the appeal. The draft resolution is attached as
Exhibit 1.
RECOMMENDATION
Staff recommends that the Town Council adopt the attached resolution partially granting the
appeal.
EXHIBIT
1. Draft Resolution
Prepared By: Daniel M. Watrous, Planning Manager
SAAdminisiraiionlTown CoanciH3mffReporis120141Nov ember 19 DrafW515 Hilary Drive appeal reporiZeloc
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION NO. XX -2014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PARTIALLY GRANTING AN APPEAL
BY DAVID AND CHARITO MITTELMAN
OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR
CONSTRUCTION OF A FENCE FOR AN EXISTING SINGLE - FAMILY
DWELLING ON PROPERTY LOCATED AT 515 HILARY DRIVE
WHEREAS, on October 2, 2014, the Design Review Board held a public
hearing to consider a Site Plan and Architectural Review application (Town File
#714094) for the construction of a six foot high, 68 -foot long fence along the rear
property line of an existing single- family lot located at 515 Hilary Drive, proposed by
Rich and Christi McElreath ( "Applicants "); and
WHEREAS, at that hearing, the representative of the owners (David and
Charito Mittelman, `-Appellants ") of the adjacent home to the north at 20 Rowley Circle,
raised objections to the proposed project and asserted that the fence would block views of
Sausalito and a portion of Richardson Bay and would give their rear yard a "walled -in"
feeling; and
WHEREAS, after receiving public testimony, reviewing all of the evidence in
the record and making site visits, the Design Review Board found that the proposed six
foot tall fence could potentially affect the Appellants' views even though the height
would be similar to that of the existing landscaping. The Board also found that a five foot
tall fence would not result in any substantive view blockage and would reasonably
provide some measure of privacy for the Applicants. The Board voted (3 -0) to
conditionally approve the fence, with an additional condition of approval limiting the
fence to a maximum height of five feet; and
WHEREAS, on October 13, 2014, the Appellants filed a timely appeal of the
Design Review Board's decision; and
WHEREAS, on November 5, 2014, the Town Council held a duly- noticed
hearing on the appeal, during which the Council held a de novo hearing, heard public
testimony and considered all evidence in the record regarding the proposed project and
the Design Review Board's review of the application; and
WHEREAS, the Town Council determined that the Design Review Board
appropriately applied the guiding principles for Site Plan and Architectural Review and
the Hillside Design Guidelines in its review of the project, and
WHEREAS, after hearing all testimony and reviewing all documents in the
record, the Town Council determined that the five foot tall fence approved by the Design
Review Board would not create an onerous visual appearance for the Appellants'
TBURON TOWN COUNCIL RESOLUTION NO. (DRAFT) -2014 NOVEMBER l9, 2014
_i�'�I�IT IVO
.! __
property and represented a reasonable solution to the Applicants' privacy concerns.
However, the Council determined that the length of the proposed fence should be
shortened by six feet, to 62 feet, to even better protect Appellants' views; and
WHEREAS, the Town Council also found that, as amended, the fence would
be consistent with Municipal Code Section 16- 52.202 (H), which establishes the guiding
principles for Site Plan and Architectural Review. Without limiting the foregoing, the
Town Council specifically found that the location of the proposed fence on the site is
appropriate in relation to the location of improvements on adjoining sites, particularly
with respect to view considerations. The fence would not obstruct any protected views
from the Appellants' property or significantly impair the light and air available to
Appellants' property, as indicated by photographs of the location of the proposed fence
taken both by the Appellants and Town Staff, and visual inspection of the site by
members of the Council; and
WHEREAS, the Town Council found that the fence as approved by the
Design Review Board would be consistent with Municipal Code Section 16-30 -
.040(B)(2) regarding allowable fence heights; and
WHEREAS, the Town Council voted 4 -1 to direct Staff to prepare a
resolution partially granting the appeal and adding a condition of approval to reduce the
length of the fence as set forth in this Resolution; and
WHEREAS, the Town Council finds that the project is exempt from
requirements of the California Environmental Quality Act (CEQA) pursuant to section
15301(e) of the CEQA Guidelines in that the fence constitutes a minor accessory
structure addition to an existing single family dwelling and no increase in floor area is
proposed; and pursuant to section 15303(e) of the CEQA Guidelines in that the fence
constitutes new construction of an accessory (appurtenant) structure on an already
developed lot and no unusual environmental circumstances exist on the site and there is
no reasonable possibility that the project will result in a significant effect on the
environment.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby partially grants the appeal of David and Charito Mittelman.
BE IT FURTHER RESOLVED that the Town Council adds the following
conditions of approval to those imposed by the Design Review Board:
8. The length of the fence shall be reduced to 62 feet, beginning at the
northeast corner of the property.
BE IT FURTHER RESOLVED that the final and consolidated conditions of
approval are attached as Exhibit "A" hereto.
TIBURON TOWN COUNCIL RESOLUTION NO. (DRAFT) -2014 NOVEMBER 19, 2014 2
EXHIBIT NO.� I
PASSED AND ADOPTED at a regular meeting of the Town Council on
November 19, 2014, by the following vote:
AYES: COUNCILMEMBERS:
NAYS: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
TIBURON TOWN COUNCIL RESOLUTION NO. (DRAFT)-2014 NOVEMBER 19, 2014
EXHIBIT N0. I
.n:
CONDITIONS OF APPROVAL
515 HILARY DRIVE
FILE NO. 714094
(AS AMENDED BY TOWN COUNCIL)
This approval shall be used within three (3) years of the approval date, and shall
become null and void unless a building permit has been issued.
2. Construction shall conform to the application and plans dated by the Town of Tiburon
on August 28, 2014, as amended by these conditions of approval. Any modifications to
the plans of August 28, 2014 must receive Design Review approval.
3. Project elements shown on construction drawings submitted to the Building Division
for plan check shall be essentially identical to those project elements shown on
drawings approved by the Design Review Board. The permit holder is responsible for
clearly identifying on construction drawings any and all changes to project elements.
Such changes must be clearly highlighted (with a "bubble" or "cloud ") on the
construction drawings. A list describing in detail all such changes shall be submitted
and attached to the construction drawings, with a signature block to be signed by the
Planning Division Staff member indicating whether these changes have been reviewed
and are approved, or will require additional Design Review approval. All such changes
that have not been explicitly approved by the Town are not "deemed approved" if not
highlighted and listed on construction drawings. Construction of any such un- approved
project elements is in violation of permit approvals and shall be subject to Stop Work
Orders and removal.
4. If this approval is challenged by a third parry, the property owner /applicant will be
responsible for defending against this challenge. The property owner /applicant agrees
to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or
liabilities arising from the approval, including, without limitations, any award of
attorney's fees that might result from the third party challenge.
5. A copy of the Planning Division's "Notice of Action" including the attached
"Conditions of Approval" for this project shall be copied onto a plan sheet at the
beginning of the plan set(s) submitted for building permits.
6. The applicant must meet all requirements of other agencies prior to the issuance of a
building permit for this project.
7. The fence is limited to the height of five feet.
8. The length of the fence shall be reduced to 62 feet, beginning at the northeast corner of
the property.
EXHIBIT N0. 1
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of Town Council
Community Development Department
Town Council Meeting
November 19, 2014
Agenda Item: CC
Subject: Accept Grant Deed Related to the Town's Recent Purchase of Property from
the Chandlers Gate Homeowners Association in Order to Reflect Current
Property Boundaries (Resolution)
Reviewed By: di�
BACKGROUND
The Town recently purchased a small triangle of the Chandlers Gate Homeowners Association
"common area" lands for the purpose of installing a pathway to the Dairy Knoll recreation
facility. The property exchange added roughly 200 square feet of land to the Dairy Knoll parcel,
and removed roughly 200 square feet from the Chandlers Gate `common area ". As a side effect
of the purchase, the legal description of the Diary Knoll parcel has changed. In order to make the
new legal description a matter of record, the Assessor - Recorder's office recommends the filing of
a deed containing the new legal description.
ANALYSIS
The filing of the deed provides on record a current and accurate boundary line description of the
property as currently held by the Town. The process involves the Town granting to itself the
property as set forth in the attached legal description, reflecting its true current boundaries. This
process constitutes sound property management practice, and the Chandlers Gate Association is
pursuing similar action such that its "common area" is accurately described for all future property
transactions that may occur in the 25 -unit development, where each unit owns a 1 /25u' interest in
the common area.
RECOMMENDATION
Adopt the Resolution accepting the Grant Deed and authorize its recordation.
EXHIBIT
1. Resolution with form of grant deed attached.
Prepared By: Scott Anderson, Director of Community Development
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION NO. XX -2014
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING A GRANT DEED FROM THE TOWN OF TIBURON
TO REFLECT A CHANGE IN LEGAL DESCRIPTION OF REAL PROPERTY
RESULTING FROM A LOT LINE ADJUSTMENT
(ASSESSOR PARCEL NUMBER 058- 151 -27)
WHEREAS, the Town of Tiburon ( "Town ") recently acquired approximately 200
square feet of land from the Chandlers Gate Homeowners Association and has added the
newly - acquired land to the adjacent Dairy Knoll parcel located at 600 Ned's Way, thereby
creating the need for a new and accurate legal description for the resulting parcel of land
held by the Town of Tiburon; and
WHEREAS, the Town has presented to the Town a form of grant deed with legal
description accurately describing the resulting resultant real property and desires that said
legal description be made of record for any future transactions, financing, or other relevant
purposes regarding the property. Said form of grant deed with legal description is attached
hereto as Exhibit 1 and incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon Town of Tiburon hereby accepts the grant deed from the Town of Tiburon and
directs the Town Clerk to record it with the Office of the County Recorder.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on 12014 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit l— Form of Grant Deed with Legal Description
Tiburon Town Council Resolution No. XX -2014 - -A -12014
j sr1 T^
Ex�;L+ l
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
Town of Tiburon
Town Attorney
1505 Tiburon Boulevard
Tiburon, CA 94920
APN: 058- 151 -27
Record without Fee per G. C. 27383
FOP, 01 0 [--
GRANT DEED
(Change in Legal Description due to acquisition of 199.93 square feet by Town)
FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged,
the Town of Tiburon, a California municipal corporation, ( "Grantor ") hereby grants to the Town
of Tiburon, a California municipal corporation, ( "Grantee "), all of Grantor's right, title and
interest in that real property ( "Property ") described on Exhibit "A ", attached hereto and
incorporated herein by this reference.
IN WITNESS WHEREOF, the undersigned has executed this Grant Deed on this
day of 12014.
GRANTOR:
TOWN OF TIBURON
0
Alice Fredericks, Mayor
ATTEST:
Diane Crane Iacopi, Town Clerk
Attachment: Exhibit "A ", Legal Description
Exhibit "A"
LANDS OF TOWN OF TIBURON - DAIRY KNOLL LOT
INCLUDING 199.93 SF TRANSFERRED FROM CHANDLERS GATE
TO TOWN OF TIBURON
Certain real property situate in the Town of Tiburon, County of Marin; State of California being
all of Parcel` C'as shown on that certain map entitled Map of`%Iaritd; filed May 2e, 1974 in
Volume 16 of Maps at Page 1, Records of Marin County, California, plus Parcel 1 hereof
containing 199.93 square feet transferred from Chandlers Gate to the Town of Tiburon; more
particularly described as follows:
Beginning at a point in the Easterly line of said Parcel" O, this point being the former
Southeasterly coiner of subject property, thence along the Southeasterly extension of said
Easterly line S 9° 15'30" W, 28.87 feet; thence N400 55'34"W, 19.03 feet, to the Southeasterly
line of said Parcel" C; thence along said Southeasterly line S 47° 54'00" W, 118.30 feet; S 76° 29'
08" W, 42.18 feet; and N 82° 48'00"W, 180.00 feet to a point on a curve to the right from which
a radial line bears N 32 °00'00" W, said curve having a radius of 498 feet, through a central angle
of 2° 20' 00 ", an are length of 20.28 feet to a point of reverse curvature from which a radial line
bears S 29° 40' 00" E; thence along a curve to the left having a radius of 380 feet through a
central angle of 3° 13'58", an arc length of 21.44 feet to a point in the Easterly line ofNeds
Way (formerly known as Hilarita Drive) (40 feet wide); thence along said Easterly line N 57° 06'
00" E, 101.50 feet; thence along a tangent curve to the left having a radius of 370.00 feet
through a central angle of 39" 40130", an arc length of 256.21 feet to a point of compound
curvature; from which a radial line bears N32 '54'00' W; thence along a curve to the left having a
radius of 128.00 feet through a central angle of 80° 19'34", an arc length of 145.35 feet; thence,
tangent to last said curve N 560 05130" E, 142.62 feet; thence S 76" 16'07" E, 147.96 feet;
thence S 15" 12'00" W, 182.55 feet; thence S 9° 15'30" W, 174.82 feet to the Point of
Beginning.
Containing 87,319 square feet or 2.005 acres more or less.
All of original A.P.N. 058- 460 -15 plus 199.93 square feet
Page 4 of .,
T TO ACCOMPANY LEGAL DESCRIPTION
N5TO6'00 "E
,J 101.50
2
Y
�2� o J
L= 145.35(2)
L= 145.37, R= 380.00 Q0'- SCALE "
A= 21'55'06' L= 16.14, R= 498.00
A= 21'54'56 "(211. g d= 1'51'25" /
DETAIL °B° LL =4.14, R= 498.00
A= 0'2835"
SCALE 1'=10'
�70k L= 145.37, R= 380.00
3
L= 0.80(2) A= 21'55'06"
L =0.78, R= 380.00 I II m n
A= 0'07'03" ?g N ^
A= 907'14 "(2) .y ! $,
>zp 8 rn
DETAIL "A" ss• °�
SCALE Yh0' "R
LEGEND: PARCEL 1
(R) - RADIAL BEARING 199.93 SF
PRC - POINT OF REVERSE CURVATURE
(1) - PER MAP OF HILARRA BK. 16 PG. 1 SCALE 120'
PORTION OF 442 OR 427 (PD #34)
(2) - PER MAP OF CHANDLERS GATE AT TIBURON
BK. 2000 PG.138 (PD #44)
(3) - BOUNDARY, MAP OF CHANDLERS GATE AT TIBURON
BEING ALSO PARCEL 1, 26 PM 43
(4) - RADIAL BEARING ERRONEOUSLY SHOWN AS
532'00'00 "E ON CHANDLERS GATE MAP.
P
\gyp9✓
DETAIL °B'
LT IN
L= 145.35(2) \ L4�
L= 145.37, R=380.00
A= 21'54'56 "(2)
,,p
o /
SEE
DETAIL °A' - - - -- a
A= 0.07'1
\C
e
N OF CAL"°
'
2& lS�
TOWN OF TIBURON
APN OSB- 151-27
PARCEL 3
3Q 87,119 SF,
yi
POB
LNDLERS GATE COMMON AREA -
APN 058- 460 -26
PARCEL 2 L7;
1 L19311561 SF. L7
L17--\ L15
L18 ` L16 Li
L1
TOWN OF TIBURON, 1505 TIBURON BLVD.
TIBURON, CA 94920, (415) 435 -7373
F
ti
.Q.
T 11�y�
w c5
J
U
0.
0
o�
O �
F-
DATE: 09/25/14 1 1 JOB NO.14.387 '
PARCEL 1
LANDS TRANSFERRED FROM
PARCEL 2 TO PARCEL 3
:
199.93 SF-------"
LNDLERS GATE COMMON AREA -
APN 058- 460 -26
PARCEL 2 L7;
1 L19311561 SF. L7
L17--\ L15
L18 ` L16 Li
L1
TOWN OF TIBURON, 1505 TIBURON BLVD.
TIBURON, CA 94920, (415) 435 -7373
F
ti
.Q.
T 11�y�
w c5
J
U
0.
0
o�
O �
F-
DATE: 09/25/14 1 1 JOB NO.14.387 '
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of Town Council
Community Development Department
Town Council Meeting
November 19, 2014
Agenda Item: CC-3
Request by the Belvedere- Tiburon Landmarks Society to Waive Permit
Processing Fees Associated with the Gallows Wheels Relocation Project;
1920 Paradise Drive /Shoreline Park
The Belvedere- Tiburon Landmarks Society has submitted an application for Site Plan and
Architectural Review (File #714108) associated with the relocation of the Northwestern Pacific
Railroad "gallows wheels" from the Mar West Street/Tiburon Boulevard intersection to Shoreline
Park adjacent to the Railroad and Ferry Museum building. The Landmarks Society has submitted
a letter (Exhibit 1) requesting that the $485.00 fee for this permit be waived in accordance with
the Town's fee waiver policy.
The Site Plan and Architectural Review application is a condition of approval placed on the
gallows wheels relocation project by the Town Council during the granting of a preliminary
approval in 2005. A subsequent Encroachment Permit application ($285 fee) would also be
required per Town ordinance.
ANALYSIS
The Town's current fee waiver policy is attached as Exhibit 2. Sections 4 through 6 of the
Town policy contain the portions pertaining to fee waiver requests made by non -profit agencies
such as the Landmarks Society. The applicability of these policies to the subject fee waiver
request is described below.
4. In considering a fee waiver application, the Council will consider the following
factors:
A. Whether the applicant is a governmental agency, a charitable non -profit
organization, a private individual or a for profit organization. A private
individual or for -profit entity shall not be eligible for a fee waiver unless
substantially all of the benefit of the project will accrue to a charitable,
non -profit organization. The Landmarks Society is a non-profit entity
that meets these criteria.
TOWN OF TIBURON PAGE 1 OF 2
Tow ii Council Mccring
November 19, 2014
B. If the applicant is a non - profit entity with the power to impose dues or fees,
or otherwise has the power to raise revenue to fund the project from project
beneficiaries, the extent to which the project will benefit residents of the
Town of Tiburon that are not subject to such power. For example, if the
applicant has dues paying members, the Council will consider waiving fees
only to the extent that the project will benefit non- member residents in the
Town of Tiburon. The Landmarks Society does have the ability to raise
revenue to fund the project However, the installation of the gallows
wheels is intended to celebrate the Town's railroad history at a public
location that can be enjoyed by the community as a whole. The project
would therefore benefit residents of the Town of Tiburon.
C. The extent to which the project will benefit the general public of the Town
of Tiburon. As noted above, the installation of the gallows wheels at
Shoreline Park would benefit the general public of the Town of Tiburon.
5. If the Council finds the applicant is eligible under Section 4.A of this Resolution,
and does not have the power to fund the project's costs by raising revenue from
the project's beneficiaries, the Council may grant a waiver of up to 100% of the
otherwise- applicable fees. The Council shall determine the amount of the waiver
granted based on the percentage of project benefit that will be realized by the
general public of the Town of Tiburon. The proposed project does not have
specific beneficiaries other than the general public and residents of Tiburon.
Therefore a 100% waiver of the fee would be appropriate.
6. If the Council finds the applicant is eligible under Section 4.13 of this Resolution,
the Council shall determine the amount of the waiver based on the percentage of
project benefit that will be realized by those residents of the Town that are not
subject to the applicant's revenue - raising powers. In no event shall the waiver
exceed 50% of the otherwise- applicable fees. The installation of the gallows
wheels would benefit residents of the Town that do not contribute directly to the
Landmarks Society.
RECOMMENDATION
Staff recommends that the Town Council move as part of the Consent Calendar adoption to:
1. Authorize the waiver of the $485.00 fee for the Site Plan and Architectural Review
application and direct staff to process a refund check to the Landmarks Society.
2. Pre - authorize a waiver of the anticipated $235 Encroachment Permit application fee to be
applied at such time as that application may be filed.
EXHIBITS
1. Letter from Belvedere - Tiburon Landmarks Society. dated October 6, 2014
2. Town fee waiver policy
Prepared By: Daniel M. Watrous, Planning Manager
TOWN OF TIBURON PAGE 2 OF 2
October 6th 2014
To: Town of Tiburon
Planning Division
From: Belvedere Tiburon Landmarks
Subject: Request for Waiver
OCT 04 zuiy
P_ANINIIN;, Divisiord
The Belvedere Tiburon Landmarks respectfully requests a waiver of the land development application
for the Railroad Ferry Museum. As a local nonprofit, we realize that the costs are going to be
significant for this project and anything we can do to keep expenses down would be beneficial. As
well since the Town of Tiburon is the owner of the Railroad Ferry Museum we view this project as a
shared endeavor. We are hoping for a favorable review.
Attached is our application for the Gallow wheel installation which includes site elevation, plaque size
and installation and text. Please contact me if you have any additional questions at 415 -435 -1853 or
email me at Imsalanasbcglobal.net
Sincere) ,
i
Alan K. Brune
Executive Director
Belvedere- Tiburon Landmarks
tom• ^. -��� /
Belvedere -'
5-435 -1853 mww1andnwks- society.org
EXHIBIT, NO, I
RESOLUTION NO. 31 -2001
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ESTABLISHING A POLICY TO GOVERN THE PARTIAL
AND TOTAL WAIVER OF TOWN FEES
WHEREAS, the Town of Tiburon assesses fees upon project applicants for the purpose of
recovering the administrative and processing costs of such project applications; and
WHEREAS, Section 3.01.08 of the Town's Zoning Ordinance provides that the Town
Council may waive any fees required under the Ordinance for any public, quasi- public body, district
or agency of the Federal, State, County or Municipal government; and;
WHEREAS, such fees are set by resolution of the Town Council, the current resolution being
Resolution No. 11 -2001; and
WHEREAS, on March 17, 1999, the Council adopted Resolution No. 3323, establishing a
policy governing applications for fee waivers; and
WHEREAS, the Council finds that the relocation of overhead electric and communication
lines to underground conduits serves the public interest and wishes to promote undergrounding
projects by absorbing the project costs associated with Town permits; and
WHEREAS, the Council therefore intends to amend the Town's Fee Waiver Policy to extend
to undergrounding projects.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows:
Resolution No. 3323 is hereby repealed and replaced by this Resolution.
2. The Town shall waive fees for projects to relocate overhead electric and communication lines
to underground conduits. Notwithstanding the foregoing, in the event that a project involves
work that is not directly associated with the undergrounding of public utilities, Town fees
shall be assessed against those portions of the project that Town staff finds are not directly
associated with the undergrounding portion of the project. Work considered not directly
related to the undergrounding portion of the project shall include, without limitation, work to
improve individual electric services.
3. With respect to all other projects, any public, quasi- public body, district or agency of the
Federal, State, County or Municipal government may apply for a total or partial waiver of
Town fees as set forth in this Resolution.
S. Unter Depffown PoliciesTee Waiver policy.2001. doc
1
Ell
XHIM m ?�To.
4. In considering a fee waiver application, the Council will consider the following factors:
A. Whether the applicant is a governmental agency, a charitable non -profit organization,
a private individual or a for profit organization. A private individual or for - profit
entity shall not be eligible for a fee waiver unless substantially all of the benefit of the
project will accrue to a charitable, non - profit organization.
B. If the applicant is a non -profit entity with the power to impose dues or fees, or
otherwise has the power to raise revenue to fund the project from project
beneficiaries, the extent to which the project will benefit residents of the Town of
Tiburon that are not subject to such power. For example, if the applicant has dues
paying members, the Council will consider waiving fees only to the extent that the
project will benefit non - member residents in the Town of Tiburon.
C. The extent to which the project will benefit the general public of the Town of
Tiburon.
5. If the Council finds the applicant is eligible under Section 4.A of this Resolution, and does
not have the power to fund the project's costs by raising revenue from the project's
beneficiaries, the Council may grant a waiver of up to 100% of the otherwise- applicable fees.
The Council shall determine the amount of the waiver granted based on the percentage of
project benefit that will be realized by the general public of the Town of Tiburon.
6. If the Council finds the applicant is eligible under Section 43 of this Resolution, the Council
shall determine the amount of the waiver based on the percentage of project benefit that will
be realized by those residents of the Town that are not subject to the applicant's revenue -
raising powers. In no event shall the waiver exceed 50% of the otherwise- applicable fees.
7. This resolution shall only apply to fees imposed pursuant to the Schedule of Fees adopted by
the Town Council to recover the Town's internal processing and administrative costs. The
project applicant shall remain responsible for paying the cost of any outside consultants or
other costs incurred by the Town in connection with the processing of the project application.
Such outside costs include, without limitation, the cost of retaining plan- checkers and
environmental consultants.
S.-Unter DeptlTown PolicieslFee Waiver policy.2001.doc
2
ice" - TDTT Tp z
PASSED AND ADOPTED at a regular meeting of the Town Council ofthe Town of Tiburon
on June 6, 2001, by the following vote:
AYES: COUNCIL MEMBERS: Bach, Gram, Matthews, Slavitz, Thompson
NOES: COUNCIL MEMBERS: None
ANDREW THOMPSON, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: Unter DeptlTown PoliciesWee Waiver policy.2001.doc , Z-
3 �� a{ C- ' d ��
'�_
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Town Council Meeting
November 19, 2014
Agenda Item: CC
Subject: Recommendation to Approve an Agreement with "Destination:Tiburon" to
Direct Hotel Business Improvement District and Other Funds to Promote
Tiburon as a Destination for Visitors
Reviewed By:
BACKGROUND
In 2007, the Town Council formed the Tiburon Tourism Business Improvement District
( "TTBID") to finance a tourism promotion program. The TTBID imposes annual assessments
upon the Town's lodging establishments, creating a revenue source to market the Town as an
overnight tourism destination. State law requires the Council to levy the TTBID assessments on
an annual basis after reviewing the TTBID's activities during the prior fiscal year and approving
a program for the next. On July 16, 2014, the Council adopted Resolution No. 36 -2014,
approving this year's TTBID program.
Between 2007 and 2013, the Town directed the TTBID funds to the Marin Convention and
Visitor's Bureau (MCVB) for use in a County-wide program. Concluding that this use of these
funds was providing insufficient benefit to the assessees, the two hotels requested that the Town
terminate that contract and retain these funds to be spent locally to increase visitors to Tiburon.
Accordingly, the Town terminated its agreement with the MCVB effective February 1, 2013 and
began retaining the TTBID funds. The Town Council authorized the Town Manager to expend
these funds, in consultation with the hotels and other business interests, to fulfill the TTBID's
marketing objectives.
Destination:Tiburon incorporated last September to act as a private, non -profit tourism bureau.
Its mission is to "Promote Tiburon as a world class destination" using TTBID and other funds
from the TTBID. D:T's initial Board of Directors includes representatives of the two hotels, the
Chamber of Commerce, downtown landowner Matt Howarth (AC Ventures), Patrick Sherwood
of the former Marketing and Communications Task Force, Councilmember Jim Fraser (in his
private capacity) and the Town Manager (in her official capacity). The Board has appointed Ms.
Anh Sundstrom as the Executive Director of the Destination:Tiburon.
Ur c
rwUe
TOWN OF TIBURON L
Town Council Meeting
November 19, 2014
ANALYSIS
The TTBID assessees and the Town will benefit from contracting out the TTBID function in
several ways. The new corporation will pay and track each marketing- related expenditure,
reducing the burden on Town staff. Destination:Tiburon will be accountable to its Board of
Directors, which includes hotel, Town and business representatives. D: T will also be
accountable to the Town through the annual assessment process, during the Council will review
past expenditures and the proposed program and budget for the next fiscal year. The contract
further requires D:T to submit to a regular audit of its books and the Town will have access to the
results. As a separate entity, Destination:Tiburon intends to maintain its own website which can
be more expressive and pro - active about tourism than is possible or practical with a Town's
website. The Town can terminate the Agreement at any time upon 60 days notice.
In sum, operating as a separate entity will allow D:T a significant measure of freedom to
creatively fulfill its mission while still operating within a framework that is broadly accountable
to the Town as required by law given its source of funding. This model has been employed
successfully by many communities with similarly funded "visitors' bureaus."
FINANCIAL IMPACT
The two sources of funding for Destination:Tiburon are the TTBID funds described above,
comprised entirely of assessment funds, and 5% of the Transient Occupancy Tax (TOT) the
Town receives from The Lodge at Tiburon (the Chamber of Commerce also receives 5% of this
TOT). The Town has long provided 10% of The Lodge's TOT to the Chamber for marketing, so
there is no net increase in funding for marketing with this contract. The Town retains the ability
to decide annually the degree to which it wishes to augment D:T's budget with TOT or other
funds. The Town retains one percent (1 0/6) of assessed funds for administrative purposes per the
terms of the assessment.
RECOMMENDATION
Staff recommends that the Town Council:
Approve the attached Agreement with Destination:Tiburon.
Exhibits: Agreement between Town and Destination:Tiburon
Prepared By: Peggy Curran, Town Manager
Ann Danforth, Town Attorney
Tn"'NoFTIBIIRON Page 2 of 2
AGREEMENT BETWEEN THE TOWN OF TIBURON AND
DES TINA TION: TIB UR ON T 0 DEVELOP AND ADMINISTER THE
TIBURON TOURISM BUSINESS
IMPROVEMENT DISTRICT PROGRAM
THIS AGREEMENT ( "Agreement"), made and entered into this _ day of 2014,
between the TOWN OF TIBURON, a municipal corporation ( "Town "), and DESTINATION:
TIBURON, a non -profit corporation ( "D:V );
RECITALS
1. On September 5, 2007, after completing the procedures required by Section 36500 et
seq. of the Streets and Highways Code of the State of California ( "Code "), the Town Council
adopted Chapter 7A of the Tiburon Municipal Code ( "Ordinance "), establishing the Tiburon
Tourism Business Improvement District ("District "), to promote mid -week and off -season
overnight lodging business, to promote the District as an overnight tourism destination, and to
fund projects, programs, and activities that benefit lodging establishments within the District
("Resolution of Intention"). The operators of the two lodging establishments in the District, the
Lodge at Tiburon and the Water's Edge ( "District Hotels ") actively supported the District's
formation.
2. As originally adopted by the Town Council, the Ordinance funded the District's
programs by a one percent assessment on gross room rental revenue ("District Assessments ").
On April 6, 2011, at the request of the District Hotels and after compliance with the procedures
mandated by the Code, the Town amended the Ordinance to increase the District Assessments to
two percent (2 %) of gross room rental revenue. The Town receives the District Assessments on
a monthly basis.
3. From January 1, 2008 to February 1, 2013, the Town contracted with the Marin
County Visitors Bureau ( "MCVB ") to administer the District and its program. On February 1,
2013, the Town and MCVB terminated their Agreement and the Town began to develop a more
locally focused program.
4. On July 16, 2014, the Town Council adopted Resolution No. 36 -2014, which adopted
the District Program for fiscal year 2014 -2015 as recommended by the District's Advisory Board
in the Advisory Board's Report dated June 10, 2014 ("District Report"), a copy of which
attached to this Agreement as Exhibit A. The District Report provided that the Town Manager
would retain a consultant or consultants to further develop and implement the District Program.
5. D:T is a non - profit public benefit corporation, created to attract visitors to the Town
for the purpose of generating revenue for local hotels and other businesses, creating jobs and
increasing transient occupancy and sales tax revenue. D:T represents that it has the marketing
expertise required to develop and implement the District Program as provided in the District
Report.
6. On 2014, D:T's governing board approved this Agreement and
authorized the Board Chair to execute it on behalf of D:T.
Page 1 of 9
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. D:T Obligations. D:T's obligations under this Agreement shall be as follows:
A. District Services: D:T shall develop and implement the District Program as set forth
herein and in the District Report. D:T shall create and implement a marketing strategy
designed to promote Tiburon as a destination to attract overnight visitors to the Tiburon
peninsula. This strategy may include, without limitation, promotion of the Town's
attractions and services on internet and traditional media, attendance at trade shows,
funding promotional tours and other activities described in the District Report ("District
Services "). Consistent with state law, no activity or program funded under this
Agreement may directly financially benefit of any individual business entity or entities
nor may the members of the Assessment District use D:T funds for directly marketing
their businesses.
i. All activities funded with the District Assessments must be eligible expenditures of
District funds. This means, among other things that all District Services so funded
must be directed at promoting the overnight lodging industry as a whole.
ii. All activities funded with funds other than District Assessments must be directed at
promoting the Town's business community as a whole.
iii. The District's Advisory Board annually prepares a new District Report for approval
by the Town Council. When approved by the Town Council, the new District Report
supersedes the prior ones. As used in this Agreement, District Report shall mean the
District Report most recently approved by the Town Council approval.
B. Budget for 2014 -2015: Within 30 days of the date of this Agreement, D:T shall prepare
and submit to the Town a budget for fiscal year 2014 -2015 in accordance with all
relevant provisions of the District Report.
C. Annual Reoort and Budget: Beginning in 2015, D:T shall prepare and submit an Annual
Report and Budget ( "Annual D:T Report'j no later than May 15`s of each year, which the
Advisory Board shall review in connection with the preparation of its Annual Report and
the Town Council shall review in connection with the annual levy of District
assessments. The Annual D:T Report shall describe the District Services provided during
the prior 12 months and the results of those Services. The Annual D:T Report shall also
set forth proposed District Services for the upcoming fiscal year, including the elements
required by Sections 36533 of the California Streets and Highways Code or its successor
statute. A list of the current required elements is set forth in Exhibit B.
D. Annual Audit: D:T shall, at its sole expense, employ the services of a qualified,
independent Certified Public Accountant ("CPA"), who will annually review the books,
records, inventories and reports of D:T and its officers and employees who receive,
handle and disburse funds received from Town pursuant to this Agreement. At the Town
Manager's request, D:T shall cause the CPA to perform a full audit. D:T shall present the
review or audit to the Town Manager by June 30th of each year.
Page 2 of 9
E. Subcontracts. D:T shall administer all subcontracts necessary for performing the District
Services and shall be responsible for the contracting for and payment of all necessary
support services. D:T shall comply with all state, federal and regulations.
F. Other: D:T shall continue to develop the District Program and recommend
new District Services to Town throughout the term of this Agreement.
G. Insurance Requirements. D:T shall maintain insurance as set forth below in a form
satisfactory to the Town Attorney.
i. D:T shall procure and maintain during the period of performance of this Agreement
and for one year following completion, insurance from insurance companies
authorized to do business in the State of California, as set forth in this section. These
policies shall be primary insurance as to Town so that any other coverage held by
Town shall not contribute to any loss under D:T's insurance.
ii. General liability (with coverage at least as broad as ISO form CG 00 01 10 01)
coverage in an amount not less than $2,000,000 general aggregate and $1,000,000 per
occurrence for general liability, bodily injury, personal injury, and property damage.
The Town (including its officials, officers, employees, and agents) shall be named as
additional insured, and the policy shall be endorsed with a form equivalent to ISO
form CG 20 10 10 93, that contain the provisions required by this Agreement
iii. Automobile liability (with coverage at least as broad as ISO form CA 00 01 10 01, for
"any auto ") coverage in an amount not less than $1,000,000 per accident for personal
injury, including death, and property damage.
iv. Workers' compensation and employer's liability coverage shall comply with the laws
of the State of California, but not less than an employer's liability limit of $1,000,000.
V. D:T's insurance is primary to any other insurance available to the Town with respect
to any claim arising out of this Agreement. Any insurance maintained by the Town
shall be excess of the D:T's insurance and shall not contribute with it. The D:T's
endorsement of insurance shall include a waiver of any rights of subrogation against
the Town and its officials, officers, employees and agents.
vi. D:T's insurance will not be canceled, limited, amended, reduced in coverage amount,
or allowed to expire without renewal until after thirty (30) days' written notice has
been given to the Town or after ten (10) days' written notice in the case of
cancellation for non - payment of premium.
H. Independent Contractor; Corporate Status. D:T is an independent contractor under this
Agreement.
i. D:T is responsible for any federal, state and local taxes applicable to payments made
under this Agreement.
ii. D :T's employees are not Town employees and are not entitled to or eligible for any
benefits that the Town provides to its employees. Without limiting the foregoing,
Consultant shall maintain complete control of its operations and personnel and shall
be solely liable and responsible to pay all required salaries, wages, expenses, taxes
and other obligations, including, but not limited to, withholding and Social Security.
iii. Neither D:T nor its officers, employees or contractors are agents of the Town.
Page 3 of 9
iv. D:T will take all actions necessary to maintain its status as a corporation in good
standing with the State of California.
I. Assig_ ent. D:T shall not assign its obligations under this Agreement without the
Town's prior written consent. The Town shall have sole discretion to approve or deny a
request for assignment. Any attempt by D:T to assign its obligations without the Town's
prior written consent shall be null and void.
J. District Assets. In the event that the District is discontinued or dissolved, D:T shall
return all unexpended District funds to the Town within 30 (thirty days) for distribution
pursuant to State law.
2. Town Obligations.
A. Collection of District Assessments. During the term of this Agreement, Town shall effect
the timely collection of District Assessments from lodging establishments within the
Town; provide general direction to D:T and maintain an on -going liaison with D:T and
the assessed lodging business.
B. Disbursement of District Assessments. Town shall disburse District Assessments to D:T,
retaining one percent (1%) for administrative expenses, as set forth in this Section.
Within 30 days of execution of this Agreement, the Town will disburse ninety -nine
percent (99 %) of the District Assessments currently held by Town to D:T. Town shall
thereafter remit District Assessments to D:T on a monthly basis.
C. Disbursement of Other Funds. Beginning January 1, 2014, the Town has earmarked five
percent (5 %) of the transient occupancy tax received from The Lodge at Tiburon for
marketing purposes ( "TOT Funds "). Town shall remit said TOT funds currently held by
Town to D:T within 30 days of execution of this Agreement. Town shall thereafter remit
said TOT Funds to D:T on a monthly basis. Notwithstanding the foregoing, Town shall
retain discretion to redirect said TOT Funds to other purposes upon sixty (60) days notice
to D:T.
3. General Provisions.
A. Indemnifications.
i. Town shall defend, indemnify, hold harmless, and release D:T, its officials, officers,
agents, and employees, from and against any and all actions, claims, damages,
liabilities, or expenses (hereinafter "Liability") that may be asserted by any third
party arising out of or in connection with Town's performance under or the making of
this Agreement, except to the extent that Liability is caused by the negligence or
willful misconduct of D:T.
ii. D:T shall defend, indemnify, hold harmless, and release Town, its officials, officers,
agents, and employees, from and against any and all actions, claims, damages,
liabilities, or expenses (hereinafter "Liability ") that may be asserted by any third
party arising out of or in connection with D:T's performance under or the making of
Page 4 of 9
this Agreement, except to the extent that Liability is caused by the negligence or
willful misconduct of Town.
B. Termination.
i. Town's Rights. The Town has the right to terminate this Agreement giving sixty (60)
days' written notice. Upon receipt of a notice of termination, D:T shall perform no
further work except as specified in the notice. Before the date of termination, D:T
shall deliver to Town all work product, whether completed or not, as of the date of
termination and not otherwise previously delivered. D:T shall return to Town all
remaining Districts and other funds provided by Town pursuant to this Agreement,
minus the reasonable cost of District Services performed before the notice of
termination and not previously reimbursed or for such work as may be specified in
the notice of termination. The Town shall not be liable for any fees or costs
associated for the termination or abandonment except for the fees and reimbursement
of authorized expenses, payable pursuant to this section.
ii. D:T's Rights. D:T, if D:T is not in default or breach, may terminate D:T's obligation
to provide further services under this Agreement upon thirty (30) days' written notice
only in the event of a material default by the Town, which default has not been cured
within thirty (30) days following the written notice. In all other cases, D:T shall have
the right to terminate this Agreement effective at the end of any fiscal year (i.e., June
30) by giving Town 90 days prior written notice of intent to terminate.
iii. Automatic Termination: This Agreement shall automatically terminate in the event
that the Town ceases to levy and collect District Assessments. In such event, D:T
shall return to Town all remaining Districts and other funds provided by Town
pursuant to this Agreement, minus the reasonable cost of District Services not
previously reimbursed and performed before the earlier of (a) the Town Council's
decision not to continue to levy and collect District Assessments or (b) the receipt of
a notice of termination.
C. General Fund Not Liable. Neither the Town's General Fund, nor any other monies of the
Town, shall not be liable for payment for any obligations arising under this Agreement
except as expressly provided herein. The obligations arising under this Agreement are
not charges or debts against the Town or its property or revenues, with the sole exception
of the disbursements described in Section 2.B.
D. Continuing Obligations. Notwithstanding anything in this Agreement to the contrary, the
provisions of Sections 3.A ( "Indemnifications ") shall remain in full force and effect after
the Termination Date with respect to any claims arising before the Termination Date.
E. Notices. Wherever in this Agreement it is required or permitted that notice or demand be
given or served by either party to or on the other, such notice or demand shall be in
writing and shall be deemed duly served or given only if personally delivered or three
business days after the date it is sent by United States mail, certified, or registered,
postage prepaid, to the address of the parties as specified below.
Page 5 of 9
To Town:
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94707
Attn: Town Manager
To D:T:
Destination:Tiburon
c/o The Lodge at Tiburon
1651 Tiburon Boulevard
Tiburon, CA 94920
Attn: Executive Director
F. Governing Law; Dispute resolution. The laws of the State of California shall govern this
Agreement and the legal relations between the parties. In the event that any dispute
arising concerning this Agreement, the County of Marin shall be the venue for resolving
such dispute.
G. Waiver. The waiver by any party to this Agreement of breach of any provision of this
Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach
of that or any other provision of this Agreement.
H. Advice of Counsel. The parties are aware that they have the right to be advised by
counsel with respect to the negotiations, terms, and conditions of this Agreement and that
the decision of whether or not to seek the advice of counsel with respect to this
Agreement is a decision which is the sole responsibility of each of the parties hereto.
This Agreement shall not be construed in favor or against either party by reason of the
extent to which each party participated in the drafting of the Agreement.
I. Entire Agree . This document, including the Resolution and the Ordinance, contains
the entire Agreement between the parties and supersedes whatever oral or written
understanding they may have had prior to the execution of this Agreement.
J. Severability. If any portion of this Agreement or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, the remainder of this
Agreement shall not be affected thereby and shall be enforced to the greatest extent
permitted by law.
K. Counterpart. This agreement may be executed in one or more counterparts, each of
which shall be deemed an original, and will become effective and binding upon the
parties at such time as all of the signatories hereto have signed a counterpart of this
Agreement. All counterparts so executed shall constitute one Agreement binding on all
of the parties hereto, notwithstanding that all of the parties are not signatory to the same
counterpart.
L. Exhibits. This Agreement includes the following exhibits, which are attached hereto and
incorporated herein by reference:
Page 6 of 9
Exhibit A: District Report
Exhibit B: Required Elements of Annual Report
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
DESTINATION: TIBURON
Jim Fraser, Chair, Destination:Tiburon
TOWN OF TIBURON
Lo
APPROVED AS TO FORM:
Ann Danforth, Town Attorney
Margaret A. Curran, Town Manager
Page 7 of 9
Exhibit A
District Report for Fiscal Year 2014 -2015
Page 8 of 9
Exhibit B
Required Elements of Annual D:T Report
The Annual D:T Report must contain the following elements:
1. The improvements and activities to be provided for the upcoming fiscal year,
i.e., the business improvement program.
Z. An estimate of the cost of the business improvement program for that fiscal
year.
3. The amount of any surplus or deficit revenues to be carried over from a
previous fiscal year.
4. The amount of any contributions to be made from sources other than
assessments levied pursuant to this part.
Page 9 of 9
To:
From
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Attorney
Town Council Meeting
November 19, 2014
Agenda Item: AT-1
Subject: Recommendation to Appoint Ad Hoc Committee to Study Future Legal
Se 'c� r}u eg Requirements
Reviewed By: %, u�ugj �
BACKGROUND
During my last review, I advised the Town Council that I would be retiring as the Town Attorney
at the end of March 2015. This memorandum is to provide the Council with an overview of its
options for retaining legal services after my retirement and several recommendations as to how to
evaluate those options.
ANALYSIS
A. The Workload
Since 1998, I have worked 75% time, which translates to an average 27 hours per week. This 27-
hour average does not include Council meetings, which I almost always attend, or the board and
commission meetings that I occasionally attend. I estimate that I attend about 22 meetings each
year in total. Assuming that the average duration of each meeting is two hours, this would equate
to 44 hours per year. This tally does not include closed session time, which varies widely
depending on the amount of litigation requiring such meetings.
For the past two years, almost all of my time has gone to "advisory services," i.e., providing
advice to Town officials and staff. These services generally include the following:
• Interpreting federal, state and local laws and regulations, orally and in writing.
• Drafting contracts, ordinances, resolutions and legal correspondence.
• General advisory services, legal and non - legal.
Recently, the Public Works Department has consumed the largest share of my time; at other
times, the Community Development, Police and/or Administration Departments have dominated.
There is often overlap between projects, i.e., I have worked on personnel matters, contracts and
policies that affect multiple departments.
TOWN OFTIBUIZON Page 1 of 2
Town Council Meeting
November 19, 2014
I also provide litigation - related services. These fall into several categories:
Claim management: I handle most of the interface with ABAG in the processing of
claims against the Town.
Litigation oversight: Our ABAG Plan requires that we contract out covered litigation to
ABAG- approved counsel. Covered litigation includes most claims for damage to persons
or property. In these cases, I supervise the outside counsel and provide them with
necessary support from the Town.
Direct litigation: This usually occurs when a private party files suit to overturn a Council
decision. I have handled most of these cases myself.
B. Options.
As with other types of services, the Town has the option of obtaining legal services by hiring an
in -house employee or by contract with an individual attorney or law firm. I would argue that the
legal form of the relationship with the Town should not be the determining factor is selecting a
new Town Attorney. The critical goal is to find a knowledgeable and skilled lawyer in whom the
Town Council and department heads have confidence.
Sorting through individual attorneys and firms will be a complex process. One obvious issue is
cost, but there are other, equally important factors, such as breadth and depth of legal expertise,
communication skills, problem - solving abilities and accessibility and responsiveness to Council
members and other Town officials and staff. After the Town has adequately studied these and
other relevant issues, it should prepare and circulate a Request for Proposals C "RFP "), screen the
responses and determine which proposals merit review by the full Council. I recommend that the
Council create an Ad Hoc Committee to work with staff on these tasks.
FINANCIAL IMPACT
None at present.
RECOMMENDATION
Staff recommends that the Town Council appoint an Ad Hoc Committee to work with staff to:
1. Study the Town's options for securing the services of a new Town Attorney after
my retirement;
2. Draft and circulate an appropriate RFP; and
3. Screen the responses to the RFP.
Prepared By: Ann R. Danforth, Town Attorney
Page 2 of 2