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HomeMy WebLinkAboutTC Agd Pkt 2024-04-03 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Tiburon Town Council April 3, 2024 Regular Meeting 6:30 P.M. TIBURON TOWN COUNCIL AGENDA The meeting will be held in person and will be televised live on Zoom. Members of the public have the option of participating in-person or remotely via Zoom at: Webinar: https://us06web.zoom.us/j/89217087066 Webinar ID: 892 1708 7066 Call-in Number: 1 669 444 9171 Submit public comment by: 1. Email comments@townoftiburon.org prior to 5:00 the Monday prior to the meeting. Written comments received will be saved as part of the record of the meeting. 2. Attend the meeting in person at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 and provide public comment. 3. If on Zoom, during the public comment portion of the agenda item, select the “Raise Hand” option or *9 if using a phone. Please be advised that those participating in the meeting remotely via Zoom do so at their own risk. The Town Council meeting will not be cancelled if any technical problems arise during the meeting. TELECONFERENCE LOCATIONS: Vice Mayor Holli Thier The Mill Club Lobby 0178 Copper Circle Frisco, CO 80443 Councilmember Isaac Nikfar Moxy NYC East Village Lobby 112 11st Street New York, NY 10003 Pursuant to the Ralph M. Grown Act, all votes shall be by roll call due to Vice Mayor Thier and Councilmember Nikfar teleconferencing from Frisco, CO and New York, NY respectively. REGULAR MEETING – 6:30 P.M. CALL TO ORDER AND ROLL CALL Councilmember Nikfar, Councilmember Ryan, Councilmember Welner, Vice Mayor Thier, Mayor Fredericks ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR CC-1. Cypress Hollow Landscape and Lighting District (LLD) – Adopt resolution ordering the annual Engineer’s Report for the Cypress Hollow Lighting and Landscape District (Department of Public Works) CC-2. Nowruz Event – Approve request for $2,117 in additional funding for the 2024 Nowruz event and approve a Fiscal Year 2024 Budget Amendment in the same amount (Office of the Town Manager). ACTION ITEMS AI-1. 2000 Paradise Drive – Review encroachment permit by Caprice Restaurant for the use of a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pick up valet service location (Department of Public Works) AI-2. Martha Property Additional Pledge Request – Consider request for an additional pledge up to $1,000,000 to be used for the acquisition of the Martha Property (Office of the Town Manager) TOWN COUNCIL REPORTS TOWN MANAGER REPORT CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Paragraph (1) of Subdivision (d) of Section 54956.9) Name of case: (Committee to Preserve the Paradise Cove Salt Marsh, Tidelands and Neighborhood Safety v. Town of Tiburon, Marin County Superior Court Case No. CIV0000086) ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY 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.townoftiburon.org. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Adopt A Resolution Ordering the Annual Engineer’s Report for the Landscape and Lighting District in the Cypress Hollow Subdivision. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council will adopt a Resolution (Exhibit 1) Ordering the Annual Engineer’s Report for the Landscape and Lighting District in the Cypress Hollow Subdivision. RECOMMENDED ACTION(S) 1. Adopt a Resolution Ordering the annual Engineer’s Report. BACKGROUND On July 3, 1990, the County of Marin established a Landscaping and Lighting District in Cypress Hollow. The County of Marin received assessments from the parcels therein for the purpose of operating and maintaining the following areas with the Cypress Hollow Subdivision: (1) landscaping and irrigation of the 25-foot sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site. In 1998, the residents of Cypress Hollow petitioned and received approval from the Local Agency Formation Commission for annexation from unincorporated Marin County into the Tiburon Town Limits. Subsequent to that annexation, the Tiburon Town Council and the Marin County Board of Supervisors passed a joint resolution transferring jurisdiction of the Cypress Hollow Landscape and Lighting District to the Town of Tiburon. The resolution also transferred the financial resources and documentation associated with operation, maintenance, and funding to the Town. Based on this resolution, the Town of Tiburon has maintenance responsibility for: 1. The 25-foot sanitary sewer easement landscape and irrigation on the east boundary; 2. Entry landscaping and the 30-foot storm drainage easement on the southwesterly boundary and irrigation system; and 3. Ownership and maintenance of the park site. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting April 3, 2024 Agenda Item: CC-1 Town Council Meeting April 3, 2024 TOWN OF TIBURON PAGE 2 OF 2 Since 1998, the Town of Tiburon has continued the operation and maintenance activities of the Cypress Hollow Landscaping and Lighting District and assessed the residents the cost thereof. ANALYSIS To proceed with the renewal of the assessments, the Town prepares an Engineer’s Report for the upcoming fiscal year for which assessments are to be levied and collected to pay for the costs of the improvements described in the report. State law requires three Council meetings to complete the annual assessment process. At today’s meeting, the Town Council will adopt a resolution ordering the preparation of the annual Engineer’s Report for the LLD. This resolution formally orders preparation of the annual Engineer’s Report to come back to Town Council for consideration at the second meeting scheduled on May 1, 2024. At that meeting, Town Council will adopt a resolution of intent approving the Engineer’s Report for Fiscal Year 2024/2025 and set the time and place for a public hearing. On May 15, 2024 the Town Council will hold the third meeting. At this public hearing it will consider confirming the diagram and assessment for the landscape and lighting district. If the Council confirms the assessment, then Staff will finalize the engineer’s report and complete the necessary paperwork and submit to the County assessor’s office. FINANCIAL IMPACT The Cypress Hollow Landscape and Lighting District assessment is necessary to offset some of the costs of maintaining and improving the facilities in the district. Without this source of funding, these costs would be paid for solely from the General Fund. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Adopt a Resolution Ordering the annual Engineer’s Report. Exhibit(s): 1. Resolution Ordering Annual Engineer’s Report Prepared By: David O. Eshoo, Engineering Manager EXHIBIT 1 Tiburon Town Council Resolution No. 04/03/2024 1 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON INITIATING PROCEEDINGS FOR THE LEVY AND ASSESSMENT FOR THE LANDSCAPE AND LIGHTING DISTRICT IN CYPRESS HOLLOW FOR FISCAL YEAR 2024/2025 AND ORDERING PREPARATION OF THE ANNUAL ENGINEER’S REPORT WHEREAS, on July 3, 1990 the County of Marin established a Landscape and Lighting District in Cypress Hollow; and WHEREAS, the County of Marin received assessments from the parcels therein for the purpose of operating and maintaining the following areas: (1) landscaping and irrigation of the 25-foot sewer sanitary easement on the east boundary, (2) entry landscaping and irrigation of the 30-foot storm drainage easement in the southwest boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow Development; and WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and WHEREAS, the Town of Tiburon, after completing annexation of the parcels in the Cypress Hollow District, stated its intention and continued the operation and maintenance activities of the Cypress Hollow Landscape and Lighting District; and WHEREAS, the Town Council desires to move forward with proceedings to levy the Fiscal Year 2024/2025 assessments. NOW THEREFORE IT IS RESOLVED, as follows: Section 1. The Town Council hereby initiates proceedings to levy the Fiscal Year 2024/2025 assessments for the Landscape and Lighting District in Cypress Hollow. Section 2. The Town Council directs the Town Engineer to prepare the annual Engineer’s Report for Fiscal Year 2024/2025. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on April 3, 2024 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _________________________________ ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: ___________________________________ LEA DILENA, TOWN CLERK TOWN OF TIBURON PAGE 1 OF 2 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Request from Nowruz Event Organizers to Increase the Approved Event Budget by $2,117 and Authorize a Fiscal Year 2024 Budget Amendment in that Amount with the Source of Funds Being General Funds Operating Reserves (Fund 101) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY On February 7, 2024, as recommended by the Diversity Inclusion Task Force, Council approved $8,000 in funding for the 2024 Nowruz Celebration. Council is now considering a request from the organizers of the 2024 Nowruz Celebration for additional funding in the amount of $2,117. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Approve request from the Nowruz Event organizers for an additional $2,117 in event funding, and 2. Authorize a Fiscal Year 2024 Budget Amendment in the amount of $2,117, with the source of funds being General Fund Operating Reserves (Fund 101), or 3. Deny the request. BACKGROUND Over the course of their meetings in December 2023, January 2024 and February 2024, the Diversity Inclusion Task Force (DITF) voted to recommend the Council approve funding for the following 4 DITF sponsored events: • $8,000 for the 2024 Juneteenth Celebration • $8,000 for the 2024 Diwali Celebration (Fiscal Year 2025 Expense) • $8,000 for the 2024 Nowruz event. • $8,000 for the Asian American and Pacific Islander Heritage Month Event On February 7, 2024, Council considered and approved the first three requests as proposed, and at their March 6, 2024 meeting, Council considered and approved the fourth request. Staff notes the March 6, 2024 item also required Council approval of a Fiscal Year 2024 Budget Amendment in the amount of $6,806, as the total amount approved for events exceeded the amount budgeted in FY 24 DITF budget line item ($20,000). TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 3, 2024 Agenda Item: CC-2 Town Council Meeting April 3, 2024 TOWN OF TIBURON PAGE 2 OF 2 Staff now has received a request from the Nowruz event organizers for an additional $2,117 in funding from the Town, bringing the total contribution to $10,117. If Council approves the additional funding, staff also requests Council approve a Fiscal Year 2024 Budget Amendment in that amount. A copy of the revised event budget provided by the organizer is attached as Exhibit 1. ANALYSIS No further analysis provided. FINANCIAL IMPACT As noted above, if Council approves the additional funding request, staff also asks that Council approve a Fiscal Year 2024 Budget Amendment in the same amount, with the source of funds being General Fund operating Reserves (Fund 101). Staff currently estimates the balance in Fund 101 at the end of FY24 (June 30, 2024) will be approximately $6.05M, reduced by the amount of any future approved Budget Amendments. Town Policy commits the Town to maintaining, at minimum, General Fund Reserves equal to 25% of the annual Operating Budget. For Fiscal Year 2024, the Town’s Operating Budget (adjusted to remove the Library pass through payments) equals approximately $14M. As a result, pursuant to the Reserve Policy, the minimum amount of General Fund Operating Reserves would be approximately $3.5M. CLIMATE IMPACT Staff has determined this action will have no direct climate impact to Tiburon. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Approve request from the Nowruz Event organizers for an additional $2,117 in event funding, and 2. Authorize a Fiscal Year 2024 Budget Amendment in the amount of $2,117, with the source of funds being General Fnd Operating Reserves (Fund 101), or 3. Deny the request. Prepared By: Greg Chanis, Town Manager EXHIBIT 1 Item Buisness Location Cost Cove Banner Davis Sign Co San Rafael 265.35 DJ Turker Self Marin 600 Tara Pandeya Tara Pandeya Dance ?1000 Sina, Shaheen, Samandar Raaz Group Marin 2000 2 tar, daf x saz = Niousha dancers Niousha Dance Academy South Bay 1250 Stage, table, linen, chair rentals A Party Center San Rafael 4 floor speakers, 8 channels for microphones, SM 57s and SM 58 micropheans, adapters, fi 1500 Ark ad- 1/4 page 399 Stage rental, tables, chairs, etc A Party Center San Rafael 3102 Tent- 30x50 Hernandez Party Rentals San Pablo 800** TOTAL 10116.35 ** looking for last minute cheaper option Paid Forwarded to Town of Tiburon Forwarded to Town of Tiburon Forwarded to Town of Tiburon Forwarded to Town of Tiburon TBD TBD Forwarded to Town of Tiburon TBD TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works – Administration & Engineering Subject: Review Encroachment Permit (No. 19-032) for Caprice Restaurant using a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pick up valet service location. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Town Council will review Encroachment Permit (No. 19-032) for Caprice Restaurant Valet Service and consider either modifying or revoking the current permit. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Provide staff with specific modifications to Encroachment Permit (No. 19-032) and direct staff to return to Council at a future meeting for consideration of a revised permit. 2. Revoke Encroachment Permit (No. 19-032) for failure to comply with permit conditions set forth by Town Council, or 3. If the Council is not prepared to provide direction at this meeting, direct staff as to what additional information is needed for Council to consider the matter at a future meeting. BACKGROUND On March 19, 2019, Jerry Dal Bozzo, owner of Caprice Restaurant (Permit Holder), submitted an encroachment permit application for 2000 Paradise Drive in Tiburon. The applicant sought permission to use a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a valet service drop off and pick up location. On July 17, 2019, Town Council approved the encroachment permit application with a set of specific conditions that the Permit Holder must adhere to. A copy of the permit is attached as Exhibit 1, with the list of conditions starting on Page 8 of the PDF. Perhaps most importantly with regards to the conditions, per the permit, vehicles utilizing the valet service should not be parked in any of the public parking spaces in the vicinity, but rather, are to be parked in the private parking lot located at Point Tiburon Plaza. A copy of the full agenda packet from the July 17, 2019 meeting is attached as Exhibit 2. As part of the approval, Town Council also requested to review the permit at a future date to allow the permittee to correct any noncompliance issues that would arise once the valet services started. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting April 3, 2024 Agenda Item: AI-1 Town Council Meeting April 3, 2024 TOWN OF TIBURON PAGE 2 OF 3 The Caprice Restaurant opened, and valet services started in late 2021. From the inception of valet service, staff has both observed and received complaints, about the valet service operating in a manner inconsistent with the approved conditions. Despite staff’s repeated efforts to improve the situation, it is clear the current valet operation is not operating in accordance with the permit conditions and staff is seeking direction from Council as to how they wish to proceed. ANALYSIS Below is a list of violations that have triggered this review: 1. Vehicles utilizing the valet service are not being parked at the Point Tiburon Plaza Parking Lot, but rather are being parked in several public parking areas near the restaurant including; The parking lot at Mar West / Paradise Drive 9 (Location of the Pick up/Drop Off zone), the public parking lot adjacent to the Donahue Building (Railroad Museum), and along the public right-of-way on Mar West Street. Doing so restricts visitors and residents from being able to publicly park to access nearby areas. 2. Multiple reports from the public that valet service staff have turned away visitors and residents from utilizing the parking lot at Mar West/Paradise Drive for public parking. 3. Valet staff are not parking vehicles in the designated parking location at Point Tiburon Plaza. The Permit Holder acknowledges the service is not operating in accordance with the permit provisions, and staff has convened multiple meetings with the valet service staff and Permit Holder to correct the violations, to no avail The Permit Holder reports they have been providing valet service to the public regardless of whether they are patrons of Caprice Restaurant, and propose re-evaluating the current permit conditions to include this type of service A copy of a letter received from the permit holder is attached as Exhibit 3. In summary, Encroachment Permits are revocable by the Town, and their issuance is guided by the provisions contained in Council Resolution No. 45-2014, attached as Exhibit 4. Further, all parties agree the current valet operations are not in accordance with the permit issued in July 2019, and staff is seeking direction from Council as to how to proceed. Options for Council to consider include the following: • Provide staff with suggested specific modifications to the existing permit and direct staff to return to Council at a future meeting for considering of approval of a revised permit. • Revoke the current permit. • If Council is not prepared to decide the matter tonight, direct staff as to what additional information is required for Council to consider the matter at a future meeting. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. FISCAL IMPACT Staff anticipate no direct impact. Town Council Meeting April 3, 2024 TOWN OF TIBURON PAGE 3 OF 3 ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Provide staff with specific modifications to Encroachment Permit (No. 19-032) and direct staff to return to Council at a future meeting for consideration of a revised permit. 2. Revoke Encroachment Permit (No. 19-032) for failure to comply with permit conditions set forth by Town Council, or 3. If Council is not prepared to provide direction at this meeting, direct staff as to what additional information is needed for Council to consider the matter at a future meeting. Exhibit(s): 1. Encroachment Permit No. 19-032 packet. 2. July 17, 2019 agenda material 3. Letter from Permit Holder 4. Resolution 45-2014 Prepared By: Greg Chanis, Town Manager David O. Eshoo, Engineering Division Manager EXHIBIT 1 11 OAK #4839-7997-9933 v1 06935-0001 Final 08/15/19 EXHIBIT B Permit Conditions 8 OAK #4839-7997-9933 v1 06935-0001 Final 08/15/19 [This document to be recorded at the County of Marin Recorder’s Office] EXHIBIT A Application for Encroachment 9 OAK #4839-7997-9933 v1 06935-0001Final 08/15/19 EXHIBIT A 10 OAK #4839-7997-9933 v1 06935-0001 Final 08/15/19 EXHIBIT A CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 11/01/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Heffernan Insurance Brokers (SF) 44 Montgomery Street, Ste 1950 San Francisco, CA 94104 License # 0564249 CONTACT NAME: PHONE (A/C, No, Ext): 1 (415) 778-0300 FAX (A/C, No): 1 (415) 778-0301 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Stink, Inc. 2000 Paradise LLC The Caprice Restaurant, Inc. 420 Columbus Ave. San Francisco, CA 94133 INSURER A : Travelers Property Casualty Company of America 25674 INSURER B : Republic Indemnity Company of California 22179 INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 7. The Caprice 21-22 GL, AU, UM, 21-22 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 X LIQ LIAB $2m/1m X 6303G016205TIL21 09/10/2021 09/10/2022 MED EXP (Any one person) $ 5,000 DEDUCTIBLE: $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: EMPLOYEE BENEFITS $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A X ANY AUTO BA4N1921762143G 09/10/2021 09/10/2022 BODILY INJURY (Per person) X ALL OWNED AUTOS X SCHEDULED AUTOS BODILY INJURY (Per accident) X HIRED AUTOS X NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 A EXCESS LIAB CLAIMS-MADE CUP0L9625502143 09/10/2021 09/10/2022 AGGREGATE $ 10,000,000 DED X RETENTION $ 0 B WORKERS COMPENSATION AND EMPLOYERS’ LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 17414914 01/01/2021 01/01/2022 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: 2000 Paradise Drive, Tiburon, CA 94920 Town of Tiburon is included as an additional insured on General Liability policy per the attached endorsement, if required. CERTIFICATE HOLDER CANCELLATION Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT 2 TOWN OF TIBURON PAGE 1 OF 4 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Encroachment Permit (No. 19-032) application by Caprice Restaurant for the use of a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pick up valet service location. Reviewed By: ______________________ Greg Chanis, Town Manager ________________________ Benjamin Stock, Town Attorney SUMMARY Consider an Encroachment Permit (No. 19-032) application by Caprice Restaurant for the use of a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pick up valet service location. The Caprice Restaurant site is located at 2000 Paradise Drive, and is Marin County Assessor Parcel No. 059-172-46. RECOMMENDED ACTION(S) 1. The Town Engineer/Director of Public Works has referred this application to Town Council for approval. BACKGROUND On March 19, 2019, Jerry Dal Bozzo, owner of Caprice Restaurant, submitted an Encroachment Permit Application for 2000 Paradise Drive in Tiburon. The applicant is seeking permission to use a portion of the public parking lot at the intersection of Paradise Drive and Mar West Street as a drop off and pick up valet service location for the restaurant. The applicant originally wanted the valet service located on the restaurant’s property on Paradise Drive. Staff objected to this location due to safety reasons. The valet drivers and restaurant patrons would have to make a U-turn on Paradise Drive to head back into town. The applicant then suggested using the parking area at the intersection of Mar West and Paradise Drive. Staff agreed that this was a better proposal. However, as this proposal uses public property for a private purpose, staff informed the applicant that, in accordance with Town policy (Exhibit 1) this request would need to be approved by the Town Council. On April 19, 2019, the applicant provided additional documentation to staff related to their requested encroachment permit. This information is attached as Exhibits 2, 3 and 4. In preparation for the meeting tonight a Legal Notice was published in the ARK on July 3, 2019 and mailed out to property owners within 300 feet of 2000 Paradise Drive the same day. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting July 17, 2019 Agenda Item: PH -1 Town Council Meeting July 17, 2019 TOWN OF TIBURON PAGE 2 OF 4 ANALYSIS Town Policy Town Council Resolution No. 45-2014 (Exhibit 1) states, “Encroachment permits for work within, upon, or beneath Town streets, street right of ways, and other Town interests in real property (including easements) should not be issued in the following instances:” D.1 Encroachment for the purpose of, or having the practical effect of, privatizing the affected area for the exclusive use or benefit of one or a limited number of individual owners in lieu of the general public, except as may be authorized under section C.5. D.2 Encroachments that would block, impede, or discourage public use or access over an area determined by the Town Engineer to be appropriate and suitable for public use or access either at present or in foreseeable future. Section C.5 of the resolution reads: To accommodate parking that would be required by the Municipal Code for a newly constructed use of the type associated with the encroachment permit, where the Town finds that (a) the applicant cannot feasibly locate such parking on private property; (b) the public safety or welfare is better served by allowing such parking to encroach; (c) a substantial and material public safety benefit will result in that a substandard safety related public street condition (such as inadequate width or sight distance) in the project's public street frontage will be made standard or significantly improved; and d) the physical extent of the encroachment is minimized to the extent feasible. The Applicant The applicant’s documentation (Exhibits 2 and 3) documentation includes: 1. Proposed Valet Service Operations (Exhibit 2). 2. Photographs and aerial maps showing the valet service route and podium location options (Exhibit 3). The applicant states that Section D.1 allows for an encroachment under section C.5 specifically “that the encroachment would serve the public safety or welfare.” The applicant asserts that the valet service will provide a location where patrons can safely drop their vehicle off to an attendant and use the crosswalk at the intersection of Paradise Drive at Mar West Street to arrive at the restaurant. The applicant states that the valet service will not impede on the existing parking spaces as they are for general public use. The valet service will only be using the ingress/egress isles of the parking lot and then transporting the vehicles to the restaurant’s leased spaces at the Point Tiburon Plaza Lot. Staff Opinion The Applicant’s documentation shows six proposed valet podium locations. Staff believes that this indicates that the applicant is flexible to changes should Council wish to discuss options or variations on the proposal. Town Council Meeting July 17, 2019 TOWN OF TIBURON PAGE 3 OF 4 Option 1 places the valet station and sign near the opening to the parking lot on Paradise Drive. After review and a site visit, staff agrees with the applicant that Option 1 seems to work best for visibility and preventing bypassing the valet. The patrons can pull into the parking lot from Paradise Drive as valet staff will guide them towards Mar West Street. The patrons will disembark and use the new curb ramp and sidewalk to proceed towards the crosswalk on Paradise Drive to the restaurant. This arrangement avoids crossing the uncontrolled crosswalk at Mar West and Paradise. The crossing would now be after a stop sign at Mar West. Staff believes that the valet service can be reasonably accommodated with this configuration should Council choose to grant an encroachment permit for this purpose. Staff did receive on comment letter on the proposed valet parking plan (Exhibit 5). This was from the Tiburon Condominium Association. Their concern was the use of or trespass on Bayside property while implementing the parking plan. Staff believes that the plan as presented does not use or trespass on the Bayside property and so should satisfy the concerns of these residents. All encroachment permits are, by their nature revocable. However, Council Resolution No. 45- 2014 Paragraph E.2. provides that, “the Town shall have discretion to issue a permit for a long-term encroachment if it finds that the encroachment is necessary for public safety reasons or that the encroaching improvement will have a long-term public benefit commensurate with the private benefit to the permit holder.” In such cases, Paragraph E.3. requires indemnification and a Memorandum of Encroachment Permit Conditions. These would be required should Council approve the encroachment permit. FINANCIAL IMPACT Staff anticipates no direct fiscal impact to the Town. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Hear the Applicant pursuant to the Town’s adopted procedures. 2. Indicate its intention and direct staff to prepare a resolution to that effect for adoption at a future meeting. Town Council Meeting July 17, 2019 TOWN OF TIBURON PAGE 4 OF 4 Exhibit(s): 1. Passed and adopted Resolution No. 45-2014. 2. Proposed Valet Service Operations 3. Photographs and aerial maps showing the valet service route and podium location options. 4. Encroachment Permit 19-032 5. E-mail from Tiburon Condominium Association. Prepared By: David O. Eshoo, Associate Engineer The Caprice Restaurant 2000 Paradise Drive -Tiburon Ca. 94920 Encroachment permit from Town of Tiburon/Public Works Department Staff concluded that the valet parking route through the town-owned parking lot would be safer than a direct U-turn on Paradise Drive from the Caprice and will eliminate the routing of the valet parking through residential neighborhood streets of Old Tiburon. Both the Police Chief and Town Traffic Engineer believe that the proposed valet parking plan is the safest and least impactful route. The Planning Commission agrees and that it is acceptable and worthy of support and recommends to the Public Works Department to grant an encroachment permit or license for this specific purpose, with the conditions stated below. 1. The use of the Town-owned parking lot across Paradise Drive from the Caprice restaurant, for valet parking drop- off and pick-up only. 2. Valet service shall be limited from 6:00 pm to 10:00 pm daily 3. A Stainless-steel valet podium directing vehicles into the parking lot (see attached cut sheet) 4. The Director of Community Development approves any required sign age for valet parking 5. Podium is on wheels and will to be stored in restaurant when not in use 6. The podium location can be one of 6 options 7. Option 1 seems to work best, for visibility, and preventing bypassing the valet and pulling up to the restaurant 8. Vehicles pull into parking lot from either entrance and passengers will disembark 9. Valet will immediately remove the vehicle, causing minimal impact to the parking lot 10. Valet will use the only route available, Paradise Drive, to the Pt. Tiburon Plaza parking lot 11. No residential routes will be taken, as none are practical 12. Returned vehicles will be pulled into the parking lot for patron pick up 13. City parking lot spaces are for the general public's use To the director of Community Development, a detail narrative and graphics describing the function of the valet parking, as recommended by The Planning Commission. 1. Shall not use walkie-talkies and shall not produce electronic sound plainly audible from nearby residential units. 2. Communication for valet program shall be limited to wired or Bluetooth-type earpieces and voices shall not be plainly audible from nearby residential units. 3. Route to Tiburon Point parking lot is to use Paradise drive only -no residential routes. 4. The valet service shall not make use of any cones or other devices to block off or discourage parking in any public parking spaces or in any off-premises private parking spaces without express permission from the property owner 5. The valet service shall not park cars in any public parking spaces and shall confine its parking to the leased spaces in the Point Tiburon Plaza lot. Details of Validated parking for restaurant patrons parked at the Point Tiburon Plaza parking lot 1. Validated parking at the Point Tiburon Plaza parking lot, will be for the lifetime of this permit 2. Patrons obtain a parking ticket at the Pt. Tiburon Plaza parking lot. Park their vehicle. 3. The Caprice validates their parking ticket. They present it to the attendant, for free parking This will be on our web site and printed documents Parking: 1. We recommend Ride Share for comfort and carefree dining 2. Limited public parking near the restaurant 3. Validated parking at Point Tiburon Plaza Parking lot, turn left at the roundabout and it's a pleasant walk on Paradise Drive, along the beautiful scenic shoreline promenade to the Caprice 4. Limited Valet Parking available -Turn left JUST BEFORE the restaurant and valet is nearby Thank You ,. Description The Stainless Podium has fashionable stainless steel accents with rounded edges decorating all three customer facing sides. This gives the podium a sharp look rather than a sharp touch. It also has an inviting customer counter that not only looks good but helps hide the working surface. The structure, exterior, and even the hardware are all stainless steel. So this podium is great for accounts with harsher weather conditions that have to deal with heat, humidity, and/ or coastal air. This podium can accommodate up to 200 ca r keys. It comes with a built-in umbrella holder so you don't need to buy an V\/rite a review Key [so ~] Hooks - Door Lock Style ?* lMetal Sta ~J m Lock Ke y Fob l No Key Fob Pouc Pouch ? Tip Box l No Tip Box Caster t; l Regular Casters Umbrella l No Umbrella Podium l No Podium Cove Cover ';" USB l No USB Chargin1 Charging Station Portable l No Portable PoVI Power on Station umbrella base. More perks are recessed handles for easy maneuvering through door frames, an elegant trim which hides casters making the podium look permanent, a tip box slot in the drawer, and grommets on the working surface for hiding messy electronic cables. *Please note that like with any type of steel equipment, maintenance and care precautions need to be taken to ensure the longevity of the product. We recommend using a stainless steel cleaner periodically to help increase the life of your podium.The stainless steel podium should not be left unattended. Please contact us for further information! Features • 50-200 key capacity o 18 gauge brushed stainless steel metal • Staggered key hooks w/ white, screen printed numbers, corrosion resistant • Brushed stainless steel working surface, silicon sealed edges • Umbrella holder • Grommet for routing electronics • Locking Casters • Stainless steel trim covering the wheels • 2 Slam-action locks with 2 keys • Combo Lock Option • Recessed Handles • Tip slot with option to add a lockable tip box • Replaceable parts • Pre-assembled • Manufacturer's Warranty Dimensions & Weight Quantity 1 : Add to cart 100 ~~SECURE CHECICOUT i.lfil.A,i ~l~m:;J EXHIBIT 3 The Caprice Restaurant Reevaluating the parking system for The Caprice Restaurant The exclusive use of the valet service for the Caprice restaurant in a public parking lot gives a few the incorrect impressions that the lot and parking service is exclusively for the Restaurant. To clear up this misconception, we propose the following solution: 1. That the parking service be open to the general public at no charge, for everyone and anyone. 2. The lot is often full and now there will always be space available for the public. 3. The public will have access to the additional spaces at the. Pt. Tiburon Plaza. 4. Signage will say “Complimentary Public Valet Parking”. 5. Removal of all signage that refers to The Caprice, anywhere in the parking lot. 6. This will provide a positive experience for the community and a service to all. 7. the public parking service will be available daily from 5pm to 10pm. 8. The cost, approximately $3,500 per week, is fixed and is not conditioned upon the number of cars parked. 9. There is no need for the attendants to discriminate as to who uses the service. 10. The Caprice will completely subsidize this public service. We feel that this is a win win solution for everyone, it would be parking service for the general public, not for just The Caprice Thank You Jerry Dal Bozzo EXHIBIT 4 Tiburon Town Council April 3, 2024 AI-1: Caprice Restaurant Encroachment Permit Late Mail PUBLIC REVIEW COPY DO NOT REMOVE From:Mark FreibergTo:Lea DilenaSubject:Review of Encroachment Permit 19-032Date:Monday, April 1, 2024 4:45:17 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Town Council, As you consider how best to address issues related to the Encroachment Permit regarding valet parking for the Caprice Restaurant, please ensure you address the current conditions illustrated in the attachedphotos, which negatively impact public access for mobility-impaired individuals. Currently, vehicles are often parked on sidewalks, preventing passage by pedestrians in wheelchairs or with other mobilitylimitations. Ironically, this has often been done adjacent to curbs that the Town spent money modifying specifically to enhance sidewalk access for individuals with mobility limitations. Please see the two attached photos for some very recent (3/30/2024) examples. Unfortunately, I will be traveling during your April 3 meeting, and will not be able to join in the discussion. I appreciate and support The Caprice as a local business, and I hope an appropriate solution can be identified, implemented and enforced. Thank You, Mark Freiberg408 Paradise DriveTiburon, CA 94920 From:Parker Pringle To:Lea Dilena; Lea Dilena Subject:Comment for Item AI-1 2000 Paradise Date:Tuesday, April 2, 2024 12:45:44 PM Some people who received this message don't often get email from pwpringle@gmail.com. Learn why this isimportant CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi Lea, Late mail for the 2000 Paradise Drive item on the town council's agenda. This isn't too late is it? Dear Tiburon Town Council, The Caprice's encroachment permit before you is a trailing permit to their conditional use permit, approved by the Planning Commission in 2018, which contained the followingconditions: [10.] The valet service program shall include the following prohibitions:a. The valet service shall not make use of any cones or other devices toblock off or discourage parking in any public parking spaces or in any off-premisesprivate parking spaces without express permission from the property owner.b. The valet service shall not park cars in any public parking spaces andshall confine its parking to the leased spaces in the Point Tiburon Plaza lot. (Town of Tiburon Resolution No. 2018-05) These conditions now appear pretty naive with respect to the valet industry. In fairness, therewas never any discussion by the planning commision with the conditional use permit, or the town council with this encroachment permit, about the high cost of valet service or the factthat valet attendants rely on tip income for a substantial portion of their income and thus are incentivized to drive up the volume of patrons for their business by engaging in a variety ofpractices to control or block public parking spaces around their service. In the Caprices case these practices include opening the valet service a half hour or more before the restaurantopens, storing patron vehicles in public spaces, moving patron vehicles from private spaces(Sanitary 5 permit spots) into open public spaces, maneuvering the valet kiosk to blockopen public spaces, the positioning of signage and even the attendants' bodies to create impression to incoming Caprice patrons or other members of the public that the Mar West lotis a valet parking lot, and probably encouraging or arranging for the use of the Mar West lot by Caprice employees to eliminate public spaces. In fact, it would be very unreasonable toexpect the valet attendants to not engage in these kinds of activities to some extent. And so the Caprice valet parking plan was basically flared from the beginning. In municipal code terms the above activities constitute an unpermitted encroachment, a kind ofpublic nuisance. But the Caprice's valet is also a public amenity for the patrons of a valued downtown business that the town should support. And the Caprice absolutely needs a valetservice at some times, and could probably benefit from one at most times. So this is a thorny issue. My suggestion is you ask staff to come up with some options for a new parking/valetplan for the Caprice with which the Caprice could realistically be expected to comply. So you'd have to get rid of the requirement that valets park cars at Pt. Tiburon Plaza. Also,because the valet service would be located in a public parking lot, which is probably the worst competition for a valet service, you'd need to set things up so the valet attendants wereagnostic about whether patrons use the service or not. In short, you'd need to make the service both complimentary and forbid the acceptance of gratuities by the attendants. A new plancould have some combination of the following features: some use of certain public parking spaces with conditions condition that use of private parking spaces (Sanitary District 5) is preferredrequirement that valet attendants accept no gratuities and that the service iscomplimentary in order to remove incentives to drive up volume of patrons forvalet service by blocking/controlling public parking spacestown review of Caprice's contract with valet provider to ensure Caprice contracts for a service which meets permit requirementsvalet ordinance with penalties to give town staff a tool to disincentivize permit violationsvalet service allowed on only certain days of the week/year, e.g., thurs-sat evenings, holidays like New Year's and Eastersome use of public parking with emphasis on valet finding non-public parking if available, e.g., Sanitary District 5 spotslimit Caprice to a single attendant, as was usual under previous owner, except for select dates, e.g. Easter Sunday, New Year's Day, etc. valet attendant functions as a kind of parking director--direct patrons to available parking spaces to self-parkprovision for monitoring compliance that preferably does not rely solely on public complaints which would remove maybe repurpose parking spots on Mar West for the valet service pickup/dropoff location to get it out of the public parking lotno intimidating, misleading or harassing the public maybe using the Mar West lot to stand vehicles for storage I'm sure there are lots of problems with all of these and there is probably no perfect solution at hand here. Having to do a valet ordinance probably is not preferred although Sausalito hasone. But the town should use the experience base gathered through the past two year to try to come up with something more appropriate for a valet service operating in a public parking lotadjacent to an extremely valuable public park. It will have to meet the Caprice's needs while eliminating the negative consequences which have fallen mainly on the public's shouldersthese past two years. I hope you can reach out to the nearby residents such as at 2002 Paradise Drive and Pt. Tiburon Bayside homeowners who have borne the brunt of the impacts ofprevious valet programs at the Caprice. It would be unfortunate if the changes you come up with now end up harming these parties anew. Mr. Dal Bozzo's plan is interesting but it mostly describes the existing status quo going backto around November 2022 when the Caprice stopped charging $15 for their service. It fails to offer a solution for any of the nuisance practices of the valet attendants in terms ofblocking/controlling public parking spaces. Town staff had some success over the past year in keeping the valet attendants from using the Donahue Building parking spaces, which are owned and controlled by the town (not leased toLandmarks Society). It would be informative if town staff could explain how this was accomplished. Thanks, Parker Pringle From:Parker Pringle To:Lea Dilena; Lea Dilena Subject:Comment on ITem AI-1 2000 Paradise Date:Tuesday, April 2, 2024 1:08:40 PM CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Tiburon Town Council, When you look at this Caprice valet service permit would you please keep in mind that by ordinance only the town council can authorize long-term encroachments of the kind in theCaprice's encroachment permit which involve impacts to public parking and streets. In dealing with this Caprice valet problem--which might be one these wicked problems that can't besolved and never go away and you have just have to keep monitoring--it is important that agreements with the Caprice regarding the valet service are made only between your body andthem through a transparent public process. I think it would to the bad if have town staff making ad hoc informal agreements of a long-term nature with the Caprice about the valetservice even if these are meant to serve the public interest, e.g., any arrangement made that might have mostly eliminated valet use of the Donahue Building parking spaces at ShorelinePark. The reason I say this is that if informal agreements such as these exist, and the Caprice is sold, the new owner might reasonably feel that part of their purchase price for the Capriceincluded these informal agreements and any parking or encroachment privileges they confer. If, after the sale, these informal agreements are challenged by the town or the public, the newowner could make a reasonable plea to the town council that they had paid for those informal agreements and the town was partly responsible for their existence and ask the town council toconvert the informal agreement into a permitted long-term encroachment. So it would be best to avoid that if possible. This happened over in Pt. Richmond where the city staff allowed an carport-type encroachment which they lacked the authority to grant. Thehouse was sold. The neighbors challenged the encroachment. The new homeowners went to the town council and made the argument outlined above and were successful. So it would be best to avoid those types of arrangements going forward even though theymight be expedient in the near-term for dealing with this thorny problem. Parker Pringle From:Parker Pringle To:Lea Dilena; Lea Dilena Subject:Item AI-1 200 Paradise Drive Comment Date:Wednesday, April 3, 2024 11:35:33 AM Attachments:RM019-004-ALL.pdf CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Lea, I apologize to you and the council for the tardiness of this email but here's yet another comment for the 2000 Paradise item. Hi Town Council, If you find yourselves keen on Mr. Dal Bozzo's fine proposal and are leaning towards selecting that solution can you consider the following issues: The Caprice changed its hours recently--now opens at 5:30. Mr. Dal Bozzo proposes a 5pm start time for valet service. Can you ask him to clarify if he is proposing to beginvalet service a half an hour before the restaurant opens? Currently, the valet service starts up a half hour before restaurant opens. Also ask about the purpose of the openingvalet service before restaurant opens. Where do Caprice employees park? How cars are using the Caprice's service each day of the week roughly? A valet service depending on gratuities and operating in the public Mar West/Paradise lot is going to strive to create a parking scarcity in the lot to drive incoming Capricepatrons to its service. If you accept that this is going to happen, should the Town try to set conditions of the valet service to allow this scarcity to be created in some preferredway? Encourage Caprice employees to park in the Mar West/Paradise lot therefore removing spots for the entirety of the valet service? Allow valet service to open half hour before restaurant, which would discouragegeneral public from using the Mar West/Paradise lot, and perhaps facilitate Caprice employees filling in the lot? What would happen if the Caprice was granted exclusive valet service use of theMar West/Paradise lot during restaurant hours on certain days of the week? This would create the needed scarcity that the valet service desires. Would it provideenough public benefits to justify allowing an exclusive private use of this public land? How many cars could the valet service fit in that lot while still being able to do pickup/dropoff in it?Could the Town require, or could the Caprice guarantee, that the Caprice employees park at Pt. Tiburon Plaza and not use other public parkingspaces around the Caprice? Valet attendants cone off spots in the lot around 5pm each evening?Would this result in a net increase of available public parking around the Caprice? Could the town require only one valet on those nights to reduce the range of the valet service and try to keep them operating only within the MarWest/Paradise lot and perhaps the Sanitary District 5 spots? Any way to combine this with the requirement that the valets use no publicparking spaces aside from these, i.e., have them use only Mar West/Paradise lot and the Sanitary District 5 spots?What days of the week would this not make sense--Saturday? Can the town make any money on this deal? Pickleball The parking spots at the Donahue Building should not be used by the Caprice's valet service ever. Those spots are in a parks and rec zone so there's a zoning thing. They arealso encumbered by conditions on the Point Tiburon Final Subdivison Map. See attached. You can't allow valet service use of those spots is my understanding. Parker Pringle From:David Eshoo To:Lea Dilena Cc:Greg Chanis Subject:FW: Valet parking at Caprice restaurant area Date:Wednesday, April 3, 2024 1:41:28 PM FYI David O. EshooEngineering Manager | Administration & Engineering1505 Tiburon Blvd | Tiburon, California 94920Tel: 415-435-7388 | Email: deshoo@townoftiburon.org -----Original Message-----From: Bob Placak <bob.placak@gmail.com>Sent: Wednesday, April 3, 2024 1:40 PMTo: David Eshoo <deshoo@townoftiburon.org>Subject: Valet parking at Caprice restaurant area [You don't often get email from bob.placak@gmail.com. Learn why this is important athttps://aka.ms/LearnAboutSenderIdentification ] CAUTION: This email originated from outside of the organization. Do not click links or open attachments unlessyou recognize the sender and know the content is safe. David , I have been a resident of TIBURON since 1994. I am the founder of the RCP TIBURON Mile open waterswim since 1999. For 10 years I lived on the hill just above the Capris restaurant at 10 Tower point. I now live onthe other side of TIBURON.It has been brought to my attention that a few months ago a someone is trying to stop the positive effect that CPAValet is having on our community.As we know there is an abundant shortage of parking after 4 pm in the area . This was resolved by CPA providingfree valet parking. What a great solution! Weather taking a walk or going out to dinner , such a convenience!I was surprised to hear the attendants sometimes are forced to take the car to downtown TIBURON?! What aninconvenience and inefficiency? Let’s appreciate the convenience being created for we citizens of TIBURON and our guests by CPA ! Robert Placak From:David Eshoo To:Lea Dilena; Greg Chanis Subject:FW: Caprice Date:Wednesday, April 3, 2024 4:20:26 PM Late Mail David O. Eshoo Engineering Manager | Department of Public Works 1505 Tiburon Blvd | Tiburon, California 94920 Tel: 415-435-7388 | Email: deshoo@townoftiburon.org From: Patrick <Patrick@cpavalet.com> Sent: Wednesday, April 3, 2024 4:01 PM To: David Eshoo <deshoo@townoftiburon.org> Cc: Jerry Dal Bozzo <jdboz@me.com> Subject: Caprice CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi David Please see below. Thank you, Sent from my iPhone Patrick Aughney President Certified Parking Attendants WWW.CPAVALET.COM Hi David, As a longtime resident at 1891 Centro West in Tiburon I have cherished memories of fishing off Elephant Rock thus I am thrilled to see the implementation of C.P.A. Valet parking services. By offering convenient parking options near popular fishing spots like Caprice, C.P.A. Valet is not only easing the parking burden for anglers but also ensuring a smoother experience for all visitors. By parking there cars at both the museum and in the general parking lots allows fishermen to easily access their gear and supplies, enhancing their fishing excursions. This initiative truly benefits the public by promoting orderliness and accessibility in our community. I fully support C.P.A. Valet's efforts to improve parking options in Tiburon and believe it will contribute to a more enjoyable experience for all. Warmest regards, Brooke Halsey ___________________________Brooke P. HalseyLaw Office of Brooke P. HalseyP.O. Box 287 Tiburon, California 94920415-789-5119brooke@brookehalseylaw.com - please note new email address TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Consider Authorizing an Additional Pledge of up to $1,000,000 Towards the Purchase of the Martha Property and Direct Staff to Transfer any Additional Pledge Amount from General Fund Operating Reserves (Fund 101) to the Martha Property Reserve Fund (Fund 188) Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY The Council is considering a request from the coalition working to acquire the Martha Property for an additional $1,000,000 pledge towards purchasing the property. RECOMMENDED ACTION(S) Staff recommends that the Town Council: 1. Approve an additional pledge to contribute towards the purchase of the Martha Property, indicating the contribution amount, and 2. Direct staff to transfer the pledge amount from General Fund Operating Reserves (Fund 101) to the Martha Property Reserve Fund (Fund 188), or 3. If Council is not prepared to decide the matter, direct staff as to what additional information is needed before returning to Council to reconsider the matter, or 4. Deny the request. BACKGROUND At the regular Town Council meeting on November 16, 2022, the Council considered a request to contribute Town funds for the purchase of the Martha Property. This 110-acre property, located in unincorporated County of Marin jurisdiction, abuts existing open space parcels owned by The Marin County Open Space District (MCOSD). The Trust for Public Land (TPL), has reached an agreement with the property owners for an option to purchase the property for $42.1M, and a coalition (Coalition) including TPL and Tiburon Open Space (TOS) is working to fundraise for the acquisition. Once purchased, the property would be transferred to, and managed by, the MCOSD. Since reaching an agreement, the Coalition has been actively fundraising from a variety of both public and private sources. This includes securing a $1,000,000 pledge from the Town of Tiburon at Town Council’s November 16, 2022 meeting. A copy of the Staff Report from the November meeting is attached as Exhibit 1, with the approved motion reading as follows: 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting April 3, 2024 Agenda Item: AI-2 Town Council Meeting April 3, 2024 TOWN OF TIBURON PAGE 2 OF 3 To approve a pledge to contribute $1,000,000 to be used for the acquisition of the Martha Property and to direct staff to create a Martha Property Discretionary Reserve Account and transfer the contribution pledge amount from the General Fund Operating Reserve account. Subsequent to the November 16 meeting, a representative of the Coalition contacted the Town with a revised request related to the Town’s pledge. Specifically, the Coalition requested the Council authorize a contribution of $200,000 from the pledged amount to assist in making a required non-refundable option payment per the Agreement. After discussing the item, Council voted unanimously to authorize the $200,000 cash payment and directed staff to finalize a Contribution Agreement related to the funds. A copy of this Contribution Agreement is attached as Exhibit 2. The Coalition now seeks an additional pledge of up to $1,000,000 from the Town of Tiburon, as the Coalition works to close its final funding gap with state and philanthropic funds. Any additional contribution, over and above the Town of Tiburon’s initial $1,000,000 pledge, will be made only after an accounting is provided by the Coalition demonstrating a funding need, if any. ANALYSIS No further staff analysis is provided; however, representatives of the Coalition are planning to attend tonight’s meeting to give a brief presentation as well as answer any questions from Council. FINANCIAL IMPACT As directed by Council on November 16, 2022, staff established a Martha Property Reserve Fund (Fund 188) and transferred $1,000,000 from General Fund Reserves (Fund 101) to the newly established fund. In January 2023, the Council authorized a $200,000 payment to TPL from Fund 188, leaving a current balance of $800,000. If the Council chooses to authorize an additional pledge in any amount, the Council is also being asked to direct staff to transfer the additional pledged amount from General Fund Operating Reserves (Fund 101) to the Martha Property Reserve Account (Fund 188). Staff currently estimates the balance in Fund 101 at the end of FY24 (June 30, 2024) will be approximately $6.05M, reduced by the amount of any future approved Budget Amendments. Town Policy commits the Town to maintaining, at minimum, General Fund Reserves equal to 25% of the annual Operating Budget. For Fiscal Year 2024, the Town’s Operating Budget (adjusted to remove the Library pass through payments) equals approximately $14M. As a result, pursuant to the Reserve Policy, the minimum amount of General Fund Operating Reserves would be approximately $3.5M. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of Town Council Meeting April 3, 2024 TOWN OF TIBURON PAGE 3 OF 3 the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: 1. Approve an additional pledge to contribute towards the purchase of the Martha Property, indicating the contribution amount, and 2. Direct staff to transfer the pledge amount from General Fund Operating Reserves (Fund 101) to the Martha Property Reserve Fund (Fund 188), or 3. If Council is not prepared to decide the matter, direct staff as to what additional information is needed before returning to Council to reconsider the matter, or 4. Deny the request. Exhibits: 1. November 16, 2022 Town Council Meeting Staff Report 2. Contribution Agreement Prepared By: Greg Chanis, Town Manager EXHIBIT 1 TOWN OF TIBURON PAGE 1 OF 3 STAFF REPORT To: Mayor and Members of the Town Council From: Department of Administrative Services Subject: Consider Request for a Pledge to Contribute $1,000.000 Towards the Acquisition of the Martha Property. Reviewed By: _________ Greg Chanis, Town Manager ________ Benjamin Stock, Town Attorney SUMMARY Council is considering a request from a coalition of groups to pledge a $1,000,000 contribution towards the purchase of the Martha Property. RECOMMENDED ACTION(S) Staff recommends Town Council: Receive the Staff Report and presentation, and 1. Approve a pledge to contribute, indicating the contribution amount, and 2.Direct staff to establish a Martha Property Discretionary Reserve account and to transfer the contribution pledge amount from the general Fund Operating Reserve to the new account, or 3.If Council is not prepared to decide the matter, direct staff as to what additional information is needed before returning to Council to reconsider the matter. BACKGROUND For over 30 years, a coalition of groups including the Trust for Public Land, County of Marin and Tiburon Open Space has been working to preserve approximately 110 acres of undeveloped land located in unincorporated Marin County at the southern end of the Tiburon Peninsula. The property, known as the Martha Property, abuts existing open space parcels owned by The Marin County Open Space District and offers unparalleled 360-degree views of the San Francisco Bay area. In addition to outstanding views, the area is also home to a number of important plant and animal species including: Tiburon Jewel Flower, Serpentine Reed Grass, California Red-Legged frog and Marin Dwarf Flax. After many years of effort, the coalition, led by the Trust for Public Land, has reached an agreement with the property owners for an option to purchase the property for $42.1M. Currently, the coalition has identified a total of $26.1M in funding for the acquisition, leaving a $16.1M shortfall they hope to raise through various fundraising efforts. Once purchased, the TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting November 16, 2022 Agenda Item: AI-3 Town Council Meeting November 16, 2022 TOWN OF TIBURON PAGE 2 OF 3 property would be transferred to the Marin County Open Space District. Representatives of the coalition have contacted the Town with a request for a commitment to contribute $1M towards the effort. ANALYSIS The sale of the property will not occur any earlier than mid-2023. As a result, the request before Council this evening is to pledge a contribution amount. It is not to authorize a payment, which would occur once the remaining funds have been raised. In addition, the Town would require execution of a Contribution Agreement acceptable to all parties. Staff anticipates returning to Council to adopt the agreement and formally authorize expenditure of the funds at the appropriate time. With regards to the source of funds for any contribution amount, staff recommends utilizing General Fund Operating Reserves. Further, if Council chooses to pledge a contribution, staff recommends transferring the contribution amount from the General Fund Operating Reserve Fund to a new Discretionary Reserve Fund set up for this project. FINANCIAL IMPACT As noted above, if Council chooses to pledge a contribution, staff recommends using General Fund Operating Reserve Fund (GFOR) for the contribution. The GFOR is the Towns primary reserve fund and per long standing town policy, should maintained at a minimum balance equal to 25% of the towns current annual operating budget. For Fiscal Year 23, this would indicate a minimum reserve balance of $3,000,000. The estimated balance of the GFOR at Fiscal Year end is $6.8M. The Town has maintained a GFOR balance well above the policy required minimum for many years, using funds from the account to complete important projects like the renovation of McKegney Green and the update to the towns General Plan. The GFOR will also be looked to in the future to fund mid-year budget amendments and to at least partially fund projects to address sea level rise, street and storm drain maintenance, or infrastructure improvement projects in town owned parks. CLIMATE IMPACT Staff has determined this action will have no significant impact on the Town’s contribution to global climate change. ENVIRONMENTAL REVIEW Staff has preliminarily determined that adoption of this item is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA, and if it were found to constitute a project, it would be exempt pursuant to the general rule set forth in CEQA Guidelines Section 15061 (b)(3). RECOMMENDATION Staff recommends that the Town Council: Receive the Staff Report and presentation, and 1. Approve a pledge to contribute, indicating the contribution amount, and Town Council Meeting November 16, 2022 TOWN OF TIBURON PAGE 3 OF 3 2. Direct staff to establish a Martha Property Discretionary Reserve account and to transfer the contribution pledge amount from the general Fund Operating Reserve to the new account, or 3. If Council is not prepared to decide the matter, direct staff as to what additional information is needed before returning to Council to reconsider the matter. Prepared By: Greg Chanis, Town Manager EXHIBIT 2