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HomeMy WebLinkAboutTC Agd Pkt 2016-06-01l l►cI(gney areen K;nal 'Free i es hrr° on Prone t June 1, 20i6 To: Tiburon Mayor and Members of I own Council From: Neighbors of Reed Heights, 11 irron Knolls and Dei Mar Recently the Reed Heights Tiburon Knolls Homeowners' Association (RHTK) undertook the successful removal of 11 blue gum eucalyptus trees on The Old Rail Trail, where it intersects the bottom of Stewart Drive. The project, approved unanimously by the Parks, Open Space and Trails Commission. eliminated fire and limb falling hazards and opened the view corridor from Stewart Drive. Goal Neighbors in the Reed Heights, Tiburon Knolls and the Del Mar area have created a collective group that are requesting the removal of the non-native eucalyptus and pine trees on the McKegney Green Knoll. The focus of this project is native plant restoration of the native species of trees and shrubbery on the Knoll, whose growth is being stopped or inhibited by the overbearing presence of the eucalyptus and pine trees. RON HURWIN Cell (415) 302-7814 fl@gttiail.com Specifications A photograph and restoration proposal of the restoration area and a Knoll tree map is attached as Exhibit 1. The proposal has been prepared by Arborscience, Mr. Kent Julin, Ph.D, who is an ISA Certified Arborist and a California Registered Professional Forester. In his report, Mr. Julin states "that the native trees on the Knoll are being suppressed by the shade and allelopathic chemicals from the taller trees. Once the large trees, the eucalypts and pines, are removed, the numerous, established native trees will be free to grow." Mr. Julin states "that the restoration of the Knoll will allow the native trees and plants to flourish, promote wildlife health, remove trees that are considered "undesirable" and are highly prone to failure and fire, and reestablish neighborhood views that have been lost." Consistent with the General Plan land use, the restoration project would be beneficial in the Conservation of natural resources, the Restoration of native habitats, providing Wildlife sanctuaries and an Improvement intended to enhance the enjoyment of nature while minimizing impacts on the natural qualities of the land. Eucalyptus removal has become common procedure in California, including Angel Island and the Oakland Hills, due to them being an invasive species, prone to spontaneous falling limbs and being very flammable. Removal of the eucalyptus would also reduce the town's maintenance costs and potential liability. No one can forget the devastation of the Oakland Hills' fire and how the eucalyptus trees carried much of the fire. We have spoken to Fire Chief Richard Pearce and he is not opposed to the removal of the above stated Knoll trees. Proposals We are requesting that the McKegney Green Knoll Tree Restoration Project be considered as a town land management project. We have a collective group of Tiburon residents that are willing to fund the project, estimated to cost $30,000, with private donations, at no cost to the Town. We will provide a fully detailed tree map highlighting the trees that will be removed and a detailed list of the existing native vegetation and trees that are currently on the Knoll. With the current proposal for the renovation and expansion of the McKegney Green, the improvement to the Trestle Berm Portion of Blackie's Pasture and the Trestle Trail Project, this Project will complement the town's projects. ARBORSC1ENCE Duffy Herwin 558 Tenaya Drive Tiburon, CA 94920 Subject: McKegney Green Knoll Restoration Project Dear Ms. Herwin, SOUND TREE ADVICE May 31, 2016 At your request I have developed this restoration concept for the McKegney Green Knoll in Tiburon to enhance native habitat, improve public safety, and reestablish neighborhood views. The McKegney Green Knoll is a natural hill that rises above Richardson Bay to an elevation of 85'. McKegney Field, South Knoll Playground, Tiburon Linear Park, and a service road border the 3 -acre knoll. Vegetation on the knoll includes native coastal scrub, annual grassland, and introduced trees including bluegum eucalyptus and pines. Scattered throughout the knoll are native trees including coast live oak, buckeye, toyon, and madrone. propose that the non-native invasive trees—eucalypts and pines—be replaced with native trees such as coast live oak, buckeye, and toyon. Many of these native trees are already established on the knoll but are being suppressed by the shade and allelopathic chemicals from the taller trees. The project would include cutting approximately 16 bluegums, and then their stumps would be cut low and covered as needed to prevent resprouting. In addition it would be advisable to remove 20 pine trees that form a dense canopy that shades out all native vegetation. There are numerous, small oaks (not mapped) that are growing beneath the eucalypts. All native trees and shrubs present on knoll would be protected to the greatest extent possible by flagging and onsite supervision of tree removal work. Wood chips would be spread to prevent erosion. Once the large trees are removed, the numerous, established native trees would be free to grow. Restoration of the McKegney Green Knoll will provide opportunities for native plants to flourish, promote wildlife health, remove trees highly prone to failure and fire, and reestablish neighborhood views that have been lost. ARBORSCIENCE Kent R. Julin, Ph.D. ISA Certified Arborist WE -8733A President, Marin ReLeaf California Registered Professional Forester P.O. Box 111 ® Woodacre, CA 94973-0111 Office: 415.419.5197 Y Field: 415.419.6960 0 PayPal: kent.julin@gmail.com Web: http j/arborscientist.com Page 2 "I( • pap Legend (.) acacia • bluegum • buckeye O cypress e) laurel madrone • oak pine pittosporum • toyon ARBORGIS 2016 0 TREE MAP MCKEGNEY GREEN KNOLL RESTORATION PROJECT TIBURON, CALIFORNIA 200 Feet TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council June 1, 2016 Regular Meeting — 7:30 p.m. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Doyle , Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Fraser, Mayor Tollini ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION , 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. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes — Adopt minutes of May 18, 2016 regular meeting (Town Clerk Crane Iacopi) 2. Library Agency Joint Powers Agreement — Recommendation to adopt first amendment to the Joint Powers Agreement for the Belvedere -Tiburon Library to change the terms of service for appointed board members from three to four years (Town Clerk Crane Iacopi / Library Director Mazzolini) 3. Police Department Administrative Services — Recommendation to approve renewal of Agreement for Police Department Administrative Services with the City of Belvedere, effective July 1, 2016 through June 30, 2017 (Chief of Police Cronin) ACTION ITEMS 1. Public Finance Authority — Adopt resolutions creating the Tiburon Parking Authority and approve execution of a Joint Exercise of Powers Agreement between the Town and the Tiburon Parking Authority to create a public finance authority for the purpose of bond refinance (Town Manager Challis) ADJOURNMENT (7:40 p.m.) ADJOURN TO CONDUCT THE MEETING OF THE TIBURON PARKING AUTHORITY IN TOWN COUNCIL CHAMBERS AGENDA TIBURON PARKING AUTHORITY JUNE 1, 2016, 7:40 PM TOWN COUNCIL CHAMBERS ORAL COMMUNICATIONS Persons wishing to address the Tiburon Parking Authority on subjects not on the agenda may do so at this time. Please note however, that the Tiburon Parking Authority 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 Tiburon Parking Authority meeting agenda. Please limit your comments to three (3) minutes. ACTION ITEMS 1. Public Finance Authority — Adopt a resolution authorizing the execution of a Joint Exercise of Powers Agreement relating to the Tiburon Public Financing Authority. ADJOURNMENT RECONVENE REGULAR MEETING — Tiburon Town Council (7:45) PUBLIC HEARINGS 1. 2016 -17 Municipal Budget — Introduction of Fiscal Year 2016-17 Municipal Budget and Capital Improvement Program (Town Manager Chanis/ Director of Administrative Services Bigall) Marin Municipal Water District (MMWD) Water Efficient Landscaping — Amend Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon Municipal Code to adopt by reference the most current MMWD ordinance regarding water -efficient landscapes and water conservation (Community Development Department) — Second reading and adoption of ordinance TOWN COUNCIL REPORTS TOWN MANAGER REPORT WFFKLY DIGESTS • Town Council Weekly Digests - May 20 & 27, 2016 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 Hail. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN COUNCIL SPECIAL AND REGULAR MEETING MINUTES CALL TO ORDER — Special Meeting (7 p.m.) Mayor Tollini called the Council to order at 7 p.m. o meeting in the Town Hall Conference Room, located California. ROLL CALL CC- / Wednesday, May 18,2016 or a special 505 Tiburon Boulevards uron Councilmembers Doyle, Fraser Fredericks and Tollini were present. Councilmember O'Donnell was absent. CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of Subdivision (d) of Section 54956.9: One potential case ADJOURNMENT — to regular meeting CALL TO ORDER — Regular Meeting (7:30 p.m.) Mayor Tollini called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, May 18 , 2016, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell, Tollini PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Anderson, Director of Administrative Services Bigall, Chief of Police Cronin, Town Clerk Crane Iacopi ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION , IF ANY llini said there was nothing to report from closed session. Minutes #10-2016 May 18, 2016 Page 1 ORAL COMMUNICATIONS Angela McInerney of Round Hill Road said she was working on improving safety for bicyclists and pedestrians on Round Hill Road. She said an inunediate goal was to cut back vegetation to improve sight lines; another goal was to reduce the speed limit, and have it painted onto the road after the upcoming slurry seal project. Ms. McInerney asked the Council to consider these recommendations, on behalf of her and her neighbors. She also said that having a sidewalk would be the ultimate goal (and perhaps to install "Botts' dots") but she understood that sidewalks were an expensive undertaking. PRESENTATION OF ANNUAL ART EDUCATOR AWARD (Presentation of award by Heritage & Arts Corrunission Chair Fran Hall) • Chyah Weitzman, Arts Educator, Saint Hilary School Chair Hall said the award recognized excellent in the arts and education. She presented a plaque to Chyah Weitzman of Saint Hilary School and described her achievements. Hall said Chyah Weiztman had joined the faculty of Saint Hilary's in 1998. She noted that in addition to teaching art, Ms. Weitzman has spearheaded two global programs — Pencils for Africa, and another, a quilting project that connected the students to children in orphanages in South America and India. Ms. Weitzman accepted the award and said her work combined the study of art with global leadership and education. She thanked her Saint Hilary family for allowing her to undertake these projects. Mayor Tollini commended Ms. Weitzman for her inspiring work. CONSENT CALENDAR 1. Town Council Minutes — Adopt minutes of May 4, 2016 regular meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary — Accept report for month ending April 2016 (Director of Administrative Services Bigall) MOTION: To adopt Consent Calendar Items 1 and 2, as written. Moved: Doyle, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS Mayor Tollini asked to take the Farmer's Market Item first. 3. Farmer's Market on Main — Consider approval of Main Street closure for a weekly farmer's market during the summer and fall months (Office of the Town Manager/ Mayor Tollini) DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 2 Tollini said that the idea of a Farmer's Market had come about during the planning for this year's Summertime on Main. She said last year's events had improved merchant exposure in the downtown area. However, when the question arose this year of how to improve the event overall, she said a different format was proposed, in the form of a farmer's market. Mayor Tollini said the market would enhance the experience of coming to downtown Tiburon, and she proposed the idea to the Council. The Mayor said the farmer's market would be organized and operated by Kelly Smith, who runs 12 other farmer's markets through an organization called Agricultural Community Events Farmers' Markets (ACEFM). She said the idea was to close Main Street on Thursday afternoons for 20 weeks, from approximately 1 until 7 p.m. [tentative], beginning June 16. She asked the Council to authorize the Town to enter into an agreement with ACEFM, as well as authorize the street closure. Councilmember O'Donnell raised the question of whether the duration of the market was too long. He said that Friday Nights on Main had originally been every Friday during the summer and into Fall. He said that although it proved to be very popular, it had been scaled back to a four to five monthly events, and was tailored to school calendars and the like. He said that sometimes "less is more". Mayor Tollini noted that the Summertime on Main events had taken place every other week. But she said more continuity was needed for the overall effectiveness of the farmer's market. Councilmember Fredericks wondered whether a farmer's market would undermine our local grocery stores which also sell local and organic produce. Mayor Tollini said the farmer's market would offer a wider array of items and might serve different people, or serve people who liked to shop in both kinds of venues. Fredericks asked if the markets had been consulted because it would have been nice to have their feedback. Mayor Tollini said that we could still do that. Vice Mayor Fraser said that the idea deserved vetting; that there was lots of energy from the merchants and it would be a positive experience for the community and visitors. He said the farmer's market fit within the framework of the ongoing efforts to help define our downtown, and to bring people downtown to utilize our local businesses. Mayor Tollini opened the hearing to public comment. Steve Sears said he had spoken with the General Manager of Woodlands Market who was all in favor of the Farmer's Market. Sears said his comments mirrored the comments of the downtown merchants; that "anything we can do to bring people downtown" would be a good idea. DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 3 Sears said that Ms. Kelly's markets have a good reputation in the community, and he said he thought 100% of the merchants would be in favor of the proposal. He also said there would be food trucks, as well, as part of the weekly event. There being no additional speakers, Mayor Tollini closed the matter to public comment. Councilmember O'Donnell asked about the proposal for vendors on the plaza areas (Fountain and Ferry Plaza). Mayor Tollini said the purpose was to have vendors and food "upfront" to bring interest and bring people in. Councilmember Fredericks said she was happy to hear that our grocery stores had been part of the conversation because the Council would not want to create competition with local merchants. She said that citizens had asked for farmer's markets to be considered in the past. But she also said it was important to keep an eye on possible effects on other local businesses. Councilmember O'Donnell suggested that Woodlands Market might want to have their own booth at the farmer's market. He said that he, too, was in favor of making our downtown more lively. But he acknowledged the realities of shopping — that people buy goods on the internet now more than ever. He also expressed concern about the viability of a 20 -week program during the "dog days of summer". Vice Mayor Fraser said that he, too, had met with Woodlands market representatives — owner Don Santa, as well as the general manager. He said he hoped Steve Sears' meeting tomorrow with the downtown merchants would be as successful. Councilmember Doyle said that a farmer's market would have a different kind of variety and not impact the local markets. He said it would be great to see this take place. MOTION: To approve the street closure of Main Street for the duration of the Farmer's Market and to authorize Mayor Tollini to sign the agreement for its operation, as submitted. Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous 1. Tiburon Taps Beer Festival — Consideration of a special event permit application to stage Tiburon Taps festival on Shoreline Park (Town Manager Chanis) — continuedfrom April 20, 2016 Town Manager Chanis noted Councils' request for information about possible alternative locations for the festival at the last meeting. He said Ranch Director, Cathleen Andreucci, would provide the report. DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 4 Ms. Andreucci said that since the last Council meeting, she had explored alternate locations for the festival at Council's request. She said that closing either Main Street or Ark Row would be problematic, as it would require separating casual pedestrians and shoppers from the festival attendees. The net result, after installing fencing, and setting up tents and booths, would be 12- 15 feet of usable space on the street on Ark Row, without room for tables and chairs. She said Mrs. Zelinsky, one of the major downtown properties owners, said Mrs. Zelinsky said she would not be in favor of having the festival on Ark Row or Main Street because of the loss of parking on the street and other negative impacts to the local businesses. Ms. Andreucci offered, instead, to reduce the size of the beer festival along Shoreline Park to about half of the previously requested area of use. She said instead of stretching from the turnaround to the Donahue Building, the organizers could use about half of that length by tenting on both sides of the street. She said the band would also be moved from in front of the closest residences, and nearer to Main Street. Andreucci said the portable restrooms would be moved out of the Donahue Parking lot and brought closer in, as well but that they would be delivered and removed in the same day. Ms. Andreucci said she had heard the concerns of the residents of Point Tiburon and had attempted to address them. She said the sidewalk would remain open along Shoreline Park for use by residents and other visitors. She said she hoped the Council would support this compromise plan for the festival which was devised to lessen the impact on the surrounding neighbors. Director Andreucci added that Blackie's Pasture had also been considered. And even though there is currently an event scheduled to take place there that day, the location would not bring people to the downtown area which would be highlighted by the festival, and hopefully create an impression for visitors who would return. Andreucci said that visitor access to the festival via ferry was important, as well, and the location adjacent to the ferry was ideal. The Director also noted that most of The Ranch events state they are "open to the public" while charging some sort of fee. She said Tiburon Taps was no different. She said the event would bring 800-1,000 people to Tiburon. Councilmember O'Donnell asked how much money was made on the event. Ms. Andreucci said it was The Ranch's largest fundraiser of the year and brought in $13,000. She said this paid for the utilities at Dairy Knoll, plus scholarships to some of its programs. Mayor Tollini opened the matter to public comment. The following people spoke: 1. Hank McWhinney, President of Point Tiburon Bayside homeowners, said the issue of the contractual agreement between the Town and their homeowners specified the types of uses to be made of the park; said that after consulting two attorneys, both concluded that the event would be improper and in violation of the agreement and dedication documents; said that no DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 5 action had been taken by the homeowners at this juncture but that it remained a concern. He also said the festival had not been invited back to the commercial area of Point Tiburon because it was not adequately cleaned up; said if it was problematic there, what would happen at Shoreline Park. 2. EC Grayson, Bayside resident, said we reside in the umbrella of a "sanctuary city" and the event would attract gangs from San Francisco; said that car shows and fine wine tastings are okay but beer is different, noting that college fraternities are in danger of being thrown off campuses because of beer events. 3. Betty Beale, former and current resident, said she loved Tiburon dearly and that a beer festival did not typify the community; said it was not something to be proud of; said that residents should come first. 4. Jay Key, 29 -year resident of Point Tiburon, said the neighbors had never objected to other special events at Shoreline Park such as the Car Show, the Chili Festival, and Town Anniversary party, among others; and noted the Chili Festival had been held in the parking lot at Town Hall. He wondered about the park behind Town Hall as a possible location for the festival. Also noted there were many other non -sponsored events, such as Fleet Week and the 4`h of July fireworks also brought many people to Shoreline Park, but he said a beer festival goes against the covenant governing use of the area. 5. Steve Sears, resident and business owner, said the festival was being cast in a bad light; said this was inaccurate based on his experience from the previous two festivals where he said he had not seen gangs or drugs or out -of -hand behavior. Sears said beer is the "in thing" and although they had not served tap beer in his restaurant for the past 38 years, they were now installing it based on demand. He said the festival would draw a sophisticated crowd and most would come by ferry. Sears said Mrs. Chong (owner of Point Tiburon Plaza) had called him after last year's event, and he went to inspect the area and found it to be clean. He said that there was [a lingering] odor of beer and he understood that some people find it objectionable. He said he didn't think this odor would affect the residents of Point Tiburon, and wondered whether people might be overthinking a festival that lasted only four hours. He asked that people give it a chance in the new location, and if it did not work out, to revisit the matter. 6. Ed Lederer, resident and voter, pointed out that the festival had not been invited back to Point Tiburon for a reason; also said that relocating it to in front of the Point Tiburon residences was in violation of the agreement. 7. Jerry Riessen, resident and volunteer at the last two festivals, said he was part of last year's clean-up crew and could certify that the area had been cleaned up. He did say that some beer had been spilled on the pavement; he said this should not be an issue in the park. He said that the previous Council discussion had centered on bringing people downtown; he said this was a way to do it, and to use mass transit (the ferry system), as well. He said beer was as "elite" as wine nowadays, and beer festivals were not like fraternity parties. 8. Julie Jacobs, Bayside resident, spoke about appreciating and respecting the beauty of this area; said the use of the area should be appropriate to this beauty and noted a "bottomless" beer festival did sound like a fraternity party. She asked the Council to please allow the area to be used and shared with others who appreciate and respect it, as well. DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 6 Mayor Tollini closed the hearing and opened the discussion to Council deliberation. In response to a question from the Council, Town Attorney Stock said that Town staff had looked at the documents mentioned by the speakers and had concluded that the proposed use fit within the confines of the dedication documents. He said that the final [subdivision] map was what governed; and that it says we can use Shoreline Park for recreational and other uses. He said the latter was within the Town's discretion. He said these dedication documents are incorporated into the Town's [Shoreline Park] policy and staff thinks the policy encompasses the activities proposed in the permit application. Attorney Stock also noted that just because an event is fenced and charges an admission fee, did not mean that it was not a "public" event. Councilmember O'Donnell asked when the Shoreline Park policy was last revised — before or after the Town's 50th Anniversary party at Shoreline Park. Attorney Stock said it was revised last summer, after the aforementioned event. He said the policy incorporates various restrictions on public use for recreational purposes; he said the Town is guided by this policy. Councilmember Fredericks asked what type of event would not qualify under the policy, for instance would a for-profit, non -recreational, and closed to the public event qualify. It was noted that an entrance fee does not make it a non-public event. The lack of permanent structures and the temporary duration of the use were also noted. Town Attorney Stock said the Town's [Shoreline Park] policy restricts uses more so than the dedication documents. Vice Mayor Fraser complimented The Ranch for doing a great job in bringing programs and events to the community. However, he said the Council's has the responsibility to approve or disapprove a permit under its policy. He said the beer festival had created angst in the community; he said he thought Point Tiburon Plaza was a perfect location and the property owner had been a supporter until last year. He said he had attended the first year but not last year. He said he still thought Main Street might work, and perhaps expanding it to the Ferry and Fountain Plaza area. But he acknowledged that this would not be ideal. Vice Mayor Fraser said he had asked one of his colleagues on the Belvedere City Council whether they would support the festival taking place in the Belvedere Community Park. He said the response was that it would be a "non-starter" because it's in a residential area. So the Vice Mayor concluded it was all about the location. He commented that he was not sure the wine festival would work in Shoreline Park, either. Councilmember Fredericks agreed with the Vice Mayor's conclusions. She said that independent of the arguments about legality, she thought the event seemed incompatible with the location. DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 7 Fredericks also expressed distaste for "branding" Tiburon as a place for alcohol festivals. She said this is the Town's stellar park, with views of San Francisco and the Golden Gate Bridge, with a large, accessible area. So she said her reservation centered around location, and a desire for our "brand" to be other than alcohol-related events. Fredericks said she understood that alcohol made money but she would like the festival to have a lower profile (and location). Councilmember O'Donnell commented that this was more of a "craft beer" festival. He said special attention should be paid to allay the fears regarding how it was run and managed, as well as clean-up. He said he thought this location would provide the best opportunity for the festival's success, as well as the success of downtown Tiburon. He said The Ranch had just entered its first year of being self -funding and that money was an important consideration. He agreed that The Ranch does wonderful things and events for the community; he also said there were "good people" on both sides of the issue. He said that moving the logistics 200 yards was not too much of a burden; he also said that there was no legal issue, in his opinion. Councilmember Doyle noting that he did not drink, or drink much, said he had been to both the beer and wine festivals and observed that some people "overused". However, he said that being part of a community meant not always getting your way. He said that four hours out of 8,600 in a year did not seem too much to ask, especially noting how much The Ranch does for seniors, kids, and other members of the community. Doyle said he would allow The Ranch to stage the festival in his front yard. He jokingly said perhaps there was another way to raise the same amount of money, e.g. everyone at Point Tiburon could contribute $100 and not have to stage the festival. On the other hand, he said he might consider leaving town for the day if it bothered him. The Councilmember said the Tiburon "brand" was a community that shares itself with people who appreciate it. He said if the festival could reasonably be held elsewhere, he might still consider it. But Doyle also noted the compromises made by The Ranch to cut the usage area way back, and he said he would support the event going forward. Mayor Tollini also said she heard the concerns of the neighbors who had a truly beautiful "front yard". She said that part of having such a beautiful front yard is that people want to congregate there. She said the Town had met with the Bayside neighbors in formulating its Shoreline Park Policy and had set parameters on use based on these meetings. She said the beer festival fits within these parameters, and would have the added benefit of doing good things for the community by bringing people downtown. In her mind, Tollini said that four hours of inconvenience is outweighed by the benefit to the community overall. Councilmember Fredericks said she would not vote against the event, but rather, the location. Councilmember O'Donnell said that the Town should be vigilant but see how it works out this year. DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 8 Councilmember Doyle said that all the Town's events are vetted and we feel responsible for them. Vice Mayor Fraser said he agreed with Councilmember Fredericks' comments about location. He also said that the Council had discussed the possibility of reducing the hours of the event. Councilmember Doyle said he was oaky with this suggestion, while Councilmember O'Donnell thought it better to let the organizers (Director) run the event the way they it had been projected, that is, from 1 until 5 p.m. He said they should make sure it's run properly, respectfully, and cleaned up afterwards. Vice Mayor Fraser suggested that they try three hours versus four, on a trial basis. MOTION: To approve the permit for Tiburon Taps, as amended and presented by Director Andreucci in her report. Vice Mayor Fraser asked to amend the motion to reduce the hours of operation from four to three hours (either 1 — 4 p.m. or 2 — 5 p.m.). Moved, as amended: O'Donnell, seconded by Doyle Vote: AYES: Doyle, O'Donnell, Tollini NAYES: Fraser, Fredericks 2. Town Refuse Contract Extension — Discussion of Mill Valley Refuse Service contract renewal teens; provide direction to staff (Director of Administrative Services Bigall) In her report, Director of Administrative Services Bigall said that an extension of the Town's contract with Mill Valley Refuse Service (MVRS) would occur automatically under the terms of the franchise agreement, unless Council took action to cancel it by June 30, 2016. Director Bigall said the Town has had an exclusive franchise agreement for solid waste collection with Mill Valley Refuse Service (MVRS) since 1965. She said the current franchise agreement was approved by Council in 2011 (with an effective date of July 1, 2011). She said the initial term of the agreement was for 10 years, with two optional five-year extension periods. She said these two extensions will occur automatically, unless the Town Council chooses not to extend the agreement. Bigall said if the Council determines it does not wish to exercise its option for the first five-year extension period it must provide written notice to MVRS by June 30, 2016. This would result in the agreement terminating on June 30, 2021. Should the Council determine it does wish to exercise its option for first five year extension period, Bigall said it will have an opportunity to consider the second five-year extension by June 30, 2021. DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 9 Director Bigall said the Town has enjoyed a good relationship with MVRS, with the latter providing competitive rates and a willingness to adapt to the Town's evolving needs and resident preferences. She said MVRS is responsive to requests of individual citizens and Town staff relating to all aspects of its refuse collection services. She said the current agreement is the result of significant hours of staff, contract attorney, and Council time to negotiate. Other than concerns with annual rate increase requests, she said the agreement appears to be working well in providing this vital service to Town residents and businesses. Bigall said the purpose of bringing the item to the Council is to provide the Council with an opportunity to exercise its rights under the agreement in a timely manner should it have significant concerns with any portion of the current agreement with MVRS. She said no formal action is required if the Council is satisfied with the current agreement and wishes to allow the first five-year extension period to proceed; however, she said Council may choose to acknowledge this decision through a motion. Finally, Bigall said that if the Council determines it does not wish the first five-year extension period to proceed, it should direct staff to deliver a Notice of Non -Extension as required by the agreement. Vice Mayor Fraser asked if the contract would be voided as of the "drop dead" date. Town Attorney Stock said it would be terminated at the end of five years, if the non -extension notice was delivered. He said the Council would not be able to re-enter an agreement on new terms if that action was taken; rather, it would have to go out to bid on new service. Fraser asked whether the notice period might be changed to three years, or the like. Town Attorney Stock said the Town did not have unilateral ability to change the terms of the contract. Councihnember Fredericks said her understanding of "evergreen contracts" was they were necessary so that businesses could have long-term guarantees in order to not put the viability of the business at risk. Director Bigall concurred with this understanding. Jim Iavarone, MVRS principal, said this was true. He said, for instance, that the company had just purchased new trucks and would like 10 years to amortize the cost. However, he also said that alone was not a reason to keep a contract intact; rather, he said the reason is what had been previously stated; that MVRS provides good service to the Town's residents and is responsive to their changing needs. He said there seemed to be a level of satisfaction with the contract as evidenced by the lack of public speaking in favor of termination. He said that if there is something that is not working, he would be willing to talk with the Town about it at any time, without having the company's "feet held to the fire". Mayor Tollini opened the public hearing. There being no public comment, Tollini closed the public hearing. DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 10 Councilmember Doyle responded to Mr. Iavarone's comments by saying there is simply a "feeling" sometimes of "nickel and diming" of services. He used the example of Marin Municipal Water District raising its rates even though its ratepayers had cut back on water usage. He said it seems, sometimes, that rates continue to go up, while services go down. But Doyle agreed that MVRS provides great service; he said the challenge is rates and how to manage them. He suggested an improvement might be to better explain to the ratepayers what they are paying for. Councilmember O'Donnell said the nature of the problem with evergreen contracts was that they Lead to a monopoly provider, and that this leads to a "cost plus" mentality when it comes to setting rates. As a businessman, O'Donnell agreed that costs such as health care, fuel, and the like, do go up, which can drive rate increases. He said if there were five or six providers out there for garbage service, it would be different. O'Donnell said the fiduciary responsibility of the Council is to the taxpayer and the ratepayer. He noted there were not a lot of options for providers in Southern Marin. He said MVRS provides great service and it would be destructive to residents to lose this service. So, he said the process was to find a balance. Councilmember O'Donnell said he helped write the current agreement, along with former Councilmember Collins. He said he was satisfied with the contract extension based on the excellent service provided by MVRS, as well as extra benefits in the contract, such as porta potties and dumpsters provided free of charge for Town events. No action was taken by the Council, thereby allowing the extension of the MVRS franchise agreement, as written. 3. Farmer's Market on Main — Consider approval of Main Street closure for a weekly farmer's market during the summer and fall months (Office of the Town Manager/ Mayor Tollini) - Heard first on agenda. 4. Appointments to Boards, Commissions & Committees — Consider appointment to fill pending vacancy on Belvedere -Tiburon Library Agency Board of Trustees (Town Clerk Crane Iacopi) Town Clerk Crane Iacopi gave the report. She said that Tiburon appointee Jeff Foran was interested in, and eligible for, a second term on the Board. She also said there were no other applicants. There were no Council questions or public comments. MOTION: To reappoint Jeff Foran to the Library Agency Board for a second term, effective July 1, 2016. DRAFT Town Council Minutes #10-2016 May 18, 2016 Page 11 Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous TOWN COUNCIL REPORTS Councilmember O'Donnell reported that Marin Clean Energy had expanded to all the cities and towns in Napa County, as well as to the City of Lafayette. He said MCE was also poised to reduce rates to its customers, which had been achieved through cost savings of various types. He said the rates would not be much cheaper than PG&E, however, due to the PCIA fee [a customer departure fee it is allowed to assess]. He said MCE is "carrying the torch" to eliminate these fees. He said the state legislature is also interested in the elimination of the fee. O'Donnell also reported on a meeting of the Town's budget subcommittee. He said one idea that had been floated by Town Manager Chanis was to control costs through the use of seasonal hires in the parks and recreation areas. He said this would be discussed in more detail going forward. TOWN MANAGER REPORT Town Manager Chanis said that this issue and a full presentation of the Town's FY 2016-17 budget would come to the Council at the June 1 and June 15, 2016 regular meetings. WEEKLY DIGESTS • Town Council Weekly Digests — May 6 & 13, 2016 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Tollini adjourned the meeting at 9:05 p.m. ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes 1410-2016 ERIN TOLLINI, MAYOR May 18, 2016 Page 12 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 1, 2016 Agenda Item: �C=� STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Clerk Library Agency Joint Powers Agreement: Agency Request to Amend Agr ement e. BACKGROUND The Town of Tiburon and City of Belvedere entered into a Joint Powers Agreement in 1995 to form the Belvedere -Tiburon Library. The agreement has remained in effect without amendments since that time. The Library Agency is now requesting that the term of office of its appointed members be changed from three to four years. The reasons for the request are more fully outlined in the letter from Library Director Deborah Mazzolini, but they center on the agency's desire for greater continuity for members of its board, its governing body. The Town of Tiburon appoints three members to the board, the City of Belvedere appoints three members, and the Reed Union School District appoints one member. Each member is appointed for one three-year term and has the option of seeking reappointment to a second three-year tern. The proposed change to the agreement would change the terns of office from three to four years, and would apply to seated members as well as new appointees. The Agency is also requesting some clean-up amendments to the JPA to eliminate outdated language pertaining to the Library Foundation (see Section 3 amending Paragraph 4 of the original JPA). RECOMMENDATION Staff recommends that the Town Council consider the proposed amendments and authorize the Mayor to sign the First Amendment to the Joint Powers Agreement for Belvedere -Tiburon Library. Exhibits: 1) Letter and memo from Belvedere -Tiburon Library Agency Director Mazzolini 2) First Amendment to the Joint Powers Agreement for Belvedere -Tiburon Library Prepared By: Diane Crane Iacopi, Town Clerk Belvedere Tiburon Library TOWN CLERK TOWN OF TEBURON Date: May 24, 2016 To: Erin Tollini, Mayor, Tiburon Town Council From: Deborah Mazzolini, Belvedere Tiburon Library Director Re: Joint Powers Agreement: Agency Request to Change the Term of Office The Belvedere Tiburon Library Agency is requesting that the term of office of an Agency Board Member be changed from a three year to a four year term. At the May 16, 2016, meeting of the Belvedere Tiburon Library Agency, an item was placed on the agenda regarding the Agency's term limits as written in the Joint Powers Agreement (JPA). The Agency voted to move forward and ask that the Tiburon Town Council, Belvedere City Council, and the Reed Union School District Board change the term limit from a three year to a four year term. What would remain in the JPA is "each member may be reappointed for only one successive term at the discretion of the appointing authority." The Agency is also requesting that the lines In the JPA, Agreement, #4 - Membership of the Library Board, sections 'a' and 'b' be updated, eliminating the phrase regarding the Peninsula Library Foundation. This aspect has not been actively applied for fifteen years. The Foundation has been restructured and renamed. Library Counsel, Riley Hurd, has written an amendment to the JPA for your Council's consideration. Also included, is a copy of the Joint Powers Agreement, and a document from the Agency's meeting explaining the reasoning for this request. If any further information is required, please contact me. Thank you. On behalf of the Belvedere Tiburon Library Agency Deborah Mazzolini, Library Director dmazzolini@beltiblibrary.org 415.789.2656 Belvedere Tiburon Library Date: May 16, 2016 To: Belvedere Tiburon Library Agency From: Deborah Mazzolini, Library Director Re: Library Agency Board Terms of Office Agenda: Consideration of making a recommendation to the Tiburon Town Council and the Belvedere City Council that the term limits be changed from three years to four years, effective immediately, for library board members. Reasoning: The Joint Powers Agency (JPA) agreement specifies terms of appointment for the Agency. In order to change the terms of office, the Town and City Councils need to vote to make that change to the JPA. At the request of the Agency Executive Committee, a recommendation is being made to the full Agency Board. Currently an appointment to the Agency is for a three year term. A second three year term can be requested. After discussion, the Executive Committee suggests that the Town and City Councils be approached to change the term limits in the Joint Powers Agreement from three year terms to four year terms. Terms of both Belvedere the City Council and Tiburon Town Council are four years. This term of office coincides with both Tiburon Town Council and Belvedere City Council terms. The Executive Committee believes that a 4 year term, plus one renewal, allows a new member more time to familiarize herself/himself with the Library structure and issues, and thereby become a more constructive Agency member. The Committee felt that currently just when a Member has gotten up to `speed' they are required to leave the Board. Changing the terms will support the long term goal of stability and continuity. Further, the Executive Committee stated that there is much at stake in the next few years and having an Agency that is knowledgeable about the Library, the coming expansion, and the history of the Library, is crucial. Continuity of leadership will be essential during this transition phase for the library. Note on Belvedere: The City Council has five members. Elections are held in June in even -numbered years. The mayor and vice mayor are chosen by vote of council at the regular July meeting and they serve for one year in that capacity. Council members serve a four-year term. There are no term limits. Note on Tiburon: The five members of the Town Council are elected for staggered, four-year terms in odd -numbered years. The Town Council appoints one of its members to be Mayor during the December Town Council meeting. It is an honorary position that is rotated each year. FIRST AMENDMENT TO THE JOINT POWERS AGREEMENT FOR BELVEDERE-TIBURON LIBRARY This First Amendment to the Joint Powers Agreement For Belvedere -Tiburon Library ("Amendment") is entered into by and between the City of Belvedere ("Belvedere") and the Town of Tiburon ("Tiburon") and shall be effective on the date it is fully executed. Belvedere and Tiburon may be referred to herein as the "Parties." RECITALS WHEREAS, in 1995 the Parties entered into a Joint Powers Agreement For Belvedere - Tiburon Library ("JPA Agreement") for the purpose of establishing a new entity to construct, own, and operate, and maintain a new public municipal library under the authority of Education Code Section 18900 et seq.; WHEREAS, the JPA Agreement established a Library Board of Trustees ("Board") with each appointed Board member serving a 3 -year term with the opportunity to be reappointed for one successive term; WHEREAS, the JPA Agreement referenced certain members of the Board being chosen from a list prepared by the "Peninsula Library Foundation," an organization that no longer exists in the same form as the time when the JPA Agreement was first entered into; WHEREAS, the Parties seek to amend the JPA Agreement such that: 1. Each Board member would instead serve a 4 -year term with the opportunity to be reappointed for one successive term, 2. This Amendment regarding 4 -year terms would be effective immediately and apply to currently sitting Board members, and, 3. The provision regarding selection of certain Board members from a list submitted by the "Peninsula Library Foundation" is deleted. AGREEMENT NOW, THEREFORE, the Parties do hereby agree as follows: 1. That Paragraph 6 of the original JPA Agreement is hereby deleted and replaced with the following: "6. Tenn. The term of office for each Library Board member shall be four (4) years. The terms of the members shall be staggered so that no more than three terms expire during any one year. Members may be reappointed for only one successive term at the discretion of the appointing authority." Page 1 of 3 2. That the 4 -year terms of office for Board members shall be effective immediately and apply to currently sitting members of the Board. 3. That Paragraphs 4 (a) and (b) of the original JPA Agreement are amended as follows: "4.Membership of the Library Board: The governing board (Library Board of Trustees) shall consist of seven members, residents of Belvedere and Tiburon, appointed as follows: (a.) The Town Council of the Town of Tiburon shall appoint three (3) members of the Library Boaxdone-of-whom-shall Foundation. (b.) The City Council of the City of Belvedere shall appoint three (3) members of the Library Board, -onc of hom shall be Foundation." 4. That all other terms of the original JPA Agreement shall remain in full force and effect. [Original JPA was adopted on April 19, 1995 by the Town Council of the Town of Tiburon, and on May 1, 1995 by the City Council of the City of Belvedere.] I do hereby certify that the foregoing First Amendment to the Joint Powers Agreement For Belvedere -Tiburon Library was approved by the Town Council of the Town of Tiburon on , 2016. By: ERIN TOLLINI, MAYOR [Seal] Town of Tiburon Attest: Diane Crane Iacopi, Town Clerk Page 2 of 3 I do hereby certify that the foregoing Joint Powers Agreement For Belvedere - Tiburon Library was approved by the City Council of the City of Belvedere on , 2016. By: CLAIRE McAULIFFE, MAYOR [Seal] City of Belvedere Attest: Alison Foulis, City Clerk Page 3of3 JOINT POWERS AGREEMENT FOR BELVEDERE-TIBURON LIBRARY This Joint Powers Agreement (hereinafter "Agreement") is entered into by Belvedere and Tiburon for the purpose of establishing a new entity to construct, own, and operate, and maintain a new public municipal library under the authority of Education Code Section 18900 et seq. NOW, TI-IEREFORE, the parties hereto do agree as follows: 1. Purpose of Agreement. The Joint Powers Agreement (hereinafter "Agreement") is entered into for the purpose of establishing an agency to construct, own, operate, and maintain a new public library conveniently located for the residents of Belvedere and Tiburon 2. Administering Agency. Pursuant to California Government Code Section 6500 et seq. there is hereby created a public entity to administer and execute this Agreement. This entity shall be known as the Belvedere -Tiburon Library Agency (hereinafter the "Library Agency"). 3. Powers of Library Agency, The Library Agency shall have all necessary powers and authority provided to municipal libraries under Education Code Section 18900 et seq. and all other powers necessary to operate and maintain a library, including but not limited to: (A) The power to own or lease property and to plan, construct and hold title to a library (located at the corner of Mar West and Tiburon Boulevard and or other appropriate sites.) (B) The power to incur debt or borrow money as necessary for the needs of the Agency; to accept donations, gifts or other funds from all sources; and to invest and deposit funds of the Agency in accord with adopted investment policies. (C) The power to contract with the Marin County Library System and/or with any other entities for professional library services and for other services if appropriate. (D) The power to appoint or employ officers, employees, and agents and establish the terms of their employment. (E) The power to contract for professional and other services as may from time to time appear reasonable and appropriate. (F) The power to establish a volunteer system which permits volunteers to serve in any role deemed appropriate by the Board. (G) The power to prepare and administer an annual budget using a combination of public, private, and fee-for-service funds. (H) The power to pursue and receive funds from private sources and through the Peninsula Library Foundation. (D The power to sue or be sued in its own name. <D The power to purchase personal property, including books and other necessary materials. 4. Membership fo the Library Board: The governing board (Library Board of Trustees) shall consist of seven members, residents of Belvedere and Tiburon, appointed as follows: (a.) The Town Council of the Town of Tiburon shall appoint three (3) members of the Library Board, one of whom shall be chosen from a list submitted by the Peninsula Library Foundation. (b.) The City Council of the City of Belvedere shall appoint three (3) members of the Library Board, one of whom shall be chosen from a list submitted by the Peninsula Library Foundation. (c.) A seventh member who is designated an "at large" member and shall be recommended by the Reed Union School District Board of Trustees and approved by the Parties hereto. (d.) Each member shall be subject to removal and replacement at the pleasure of the appointing government body(ies). It will require action by both councils to 'remove the at -large member. (e.) For the initial seven members three members (including the at - large member) shall serve only until the end of the first fiscal year after the creation of the Joint Powers Agency, two shall serve until the end of the second fiscal year and two until the end of the third fiscal year. (Initial appointments will be eligible for two additional full terms.) (f.) Initial appointments should give due consideration to the selection of individuals who have made significant efforts toward making the new library a reality. 5. Compensation. The members of the Library Board shall serve without compensation. 6. Term. The term of office for each Library Board member shall be three (3) years. The terms of the members shall be staggered so that no more than three terms expire during any one year. Members may be reappointed for only one successive term at the discretion of the appointing authority. 7. Library B oard Officers. The Library Board shall select a chairperson and vice chairperson whose terms shall run for one (1) year, commencing on the first meeting of the fiscal year. The Library Board shall hold regular meetings at least monthly and special meetings as may be called pursuant to the Bylaws. Four members shall constitute a quorum. 8. Bylaws. The Library Board shall adopt Bylaws which make provision for the calling and conduct -Of meetings, casting of votes, appointment of officers and other matters normally contained in Bylaws, all to be consistent with the Ralph M. Brown Act (Section 54900, et sea. of the Government Code) and all other applicable state statutes. 9. Financial Responsibility. The Library Agency shall be responsible for all debts, liabilities and obligations arising from the exercise of the Agency's powers. 10. Annual Reports. The Library Agency shall submit an annual written report on the state of the library to the two appointing parties. In addition, the minutes of all Library Agency meetings will be forwarded to Belvedere and Tiburon. 11. Treasurer and Controller. Pursuant to the provisions of Government Code Section 6505.6, the Treasurer of the Library Board shall be an officer or an employee of the Library Board. The treasurer shall receive and have custody of all monies of the Library Board, shall be responsible for the safekeeping and disbursement of all such monies and shall pay all sums due when appropriately presented to the Library Board. All withdrawals from the Agency's bank accounts shall be made by check signed by officers or employees designated by the Library Board by resolution. Pursuant to this section, the Treasurer shall cause an independent annual audit to be made by a. certified p u b l i c accountant, or public accountant in compliance with Government Code Section 6505.5. The Treasurer shall obtain a public official surety bond. The premium for this bond shall be paid by the Library Board. 12. Independent Contractors. The Library Board may, within its discretion, contract with independent consultants or individuals to perform administrative and/or operational functions of the Library Board. The Library Board may in its discretion require independent contractors to provide liability insurance in appropriate amounts. 13. Budget. The Library Board shall prepare an annual budget using a July 1 through June 30 fiscal year. This budget will identify proposed revenues and proposed expenditures. 14. Transfer o f funds. All public funds provided by the county tax collector for library purposes, including any portion of the property t ax levied for library purposes shall be transferred by the parties as soon as received and without diminution to the Library Agency. 15. Liability of Library Board and Board Members, Employees and Independent Contractors. The Library Agency shall obtain appropriate liability insurance for the Agency, Board Members, employees, volunteers and independent contractors. Notwithstanding the above, the Agency may in its discretion require independent contractors to indemnify, defend and hold harmless the Agency. 16. Term: Termination. This agreement shall be for an indefinite term, and may be terminated only with at least one year's written notice by either party to the other party. 17. Disposition of Assets Upon Termination. While this Agreement is in effect all property and monies received by the Library Agency shall be held by the Library Agency. If this Agreement is terminated as provided for inparagraph 13, the building, its contents, and all other assets of the Library Agency will be held in trust by the Peninsula Library Foundation or its successor local non- profit organization. If the building ceases to be used as a library, the facility and all other assets should continue to be used to provide cultural, educational, and recreational benefits to the residents of Belvedere and Tiburon at the sole discretion of Belvedere and Tiburon. 18. Entire Agreement. This document constitutes the entire agreement between the parties as to the subject matter thereof, and may be altered or amended only be an agreement in writing duly executed by both parties. 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of successors to the parties hereto. 20. Modification or S u s p e n s i on. In the event State or Federal laws or regulations enacted after the effective date of this Agreement, prevent or preclude compliance with one or more provisions herein, such provisions shall be modified or suspended as may be necessary to comply with such laws or regulations. 20. Notice Pursuant to Government Code §6503.5. Within thirty (30) days after the adoption of this agreement, the parties shall cause a notice of the Agreement to be prepared and filed with the Office of the Secretary of State, as required by California Government Code §6503.5. 21. Effective Date. This Agreement shall become effective on the first day of the month immediately following adoption of this Agreement by the governing bodies of Belvedere and Tiburon. . 22. Assumption of Liability by Agency. Pursuant to Government Code Section 895.4, the parties agree that the Agency shall be solely liable for any damages or liabilities arising out of the performance of this agreement and shall indemnify, defend and hold harmless Belvedere and Tiburon. I do hereby certify that the foregoing Agreement for Joint Exercise of Powers was approved by the Town Council of the Town of Tiburon on Aril 19 , 1995 Mayor, Town on le k, Town of Tiburon do hereby certify that the foregoing Agreement for Joint Exercise of. Powers was approved by the City Council of the City of Belvedere on May 1, 1995. Seal DECEMBER 24%• 1886 rn y y City Clerk, City of Be TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 1, 2016 Agenda Item:./] STAFF REPORT To: From: Mayor and Members of the Town Council Office of the Town Manger Subject: Recommendation to Adopt a resolution activating the Tiburon Parking Authority and the resolution approving the joint exercise of powers agr ement establishing the Tiburon Public Financing Authority. /Z^ Reviewed By: BACKGROUND Staff has been exploring the possibility of refinancing the Town's previously -formed undergrounding assessment districts by issuing refunding bonds with lower interest rates. Depending on interest rates, this could reduce annual property assessment payments for property owners in the affected districts, which include the following: • 1999 Main Street District • 2001 Stewart Drive Undergrounding District • 2005 Del Mar Valley Utility Undergrounding District • 2010 Del Mar Supplemental Undergrounding District • 2005 Lyford Cove Undergrounding District 1&2 • 2006 Lyford Cove Supplemental Undergrounding District Preliminary analysis indicates if market interest rates do not change significantly in the near term, debt service savings as a result of the refinancing are available. ANALYSIS The process to refinance the outstanding bonds previously issued by the Town for the existing assessment districts, payable from assessments levied by Town annually on owners of property in the assessment districts, involves the formation of a single reassessment district and the levy by the Town of reassessments that will supplant the current property owner assessments. To proceed with the formation of the new reassessment district, the levy of reassessments and the issuance of refunding bonds without the need for an otherwise -required elongated notice and public hearing process, relevant State law requires that three tests be met: 1. effectively, each annual property owner reassessment must be less than the property owner's corresponding original annual assessments being superseded and supplanted (the "Reduced Assessment Requirement"); 2. the final maturity of the bonds payable from the reassessments cannot be later than the TOWN OF TIBURON PAGE 1 OF 4 Town Council Meeting June 1, 2016 final maturity of the original assessment bonds being refunded (the "No Extension of Maturity Requirement"); and 3. the reduction in the annual assessment payments by reason of the reassessments must be the same percentage for each property owner (the "Proportional Reduction Requirement"). The No Extension of Maturity Requirement (#2 above) and the Proportional Reduction Requirement (#3 above) can be met by properly structuring the proposed refunding bonds, so long as interest rates generally remain at current levels. However, the Reduced Assessment Requirement (#1 above) can only be met if both (a) interest rates remain at levels that provide for savings (individual assessment district bonds are at varying interest rates, and increases in interest rates may not make a refunding for one or more of the assessment districts economically feasible so any such district could be dropped from the refunding program in that event); and (b) the Town utilizes a Joint Exercise of Powers Authority, hereinafter called the "Financing Authority", to assist in the financing and refinancing of public capital improvements. The latter is necessary in order to pay the costs of issuance of the refunding transaction and fully fund a reserve fund for the refunding bonds, yet still be able to decrease the annual assessment installments of the property owners. The proposed refunding structure using the Financing Authority would operate as follows: The Financing Authority would issue refunding revenue bonds that are sold to the public at market interest rates. The proceeds of the refunding revenue bonds will be used by the Financing Authority to purchase a pooled reassessment bond issue of the Town, fund the reserve fund for the Financing Authority bonds and pay the costs of issuance of the refinancing transaction. The Town will use the proceeds of the Financing Authority's purchase of the reassessment bonds to retire the currently outstanding assessment bonds. The interest rate on the reassessment bonds will be set at a rate necessary to provide sufficient income (made up of principal and interest payments) to the Financing Authority, as owner of the reassessment bonds, so the Financing Authority can pay debt service payments on the refunding revenue bonds. With proceeds of the Financing Authority's refunding bonds funding the reserve fund and costs of issuance for the refunding transaction, the reassessment liens on the properties in the assessment districts can be reduced to below the present assessment liens and the Reduced Assessment Requirement can be satisfied. Use of this type of financing structure is common in public finance. Some representative local examples include: • Sanitary District 5 in the sale of its bonds in 2013. • Marin County's issuance of $80 million in Certificates of Participation early in 2015. • Mill Valley for its recent Community Center, Library, and Sewer improvement projects. • Marin County Open Space District to refinance a combination of assessment districts and Mello -Roos CFD bonds (Old St. Hilary's) in 2013. • Tiburon to fund, and subsequently refinance, public improvements for the Point Tiburon project. Under California law, a Joint Powers Authority has the authority to issue revenue bonds secured by a pool of underlying obligations, such as assessment bonds. However, California law requires TOWN OF TIBURON Page 2 of 4 Town Council 1ccring junc 1, 2016 that at least two independent parties enter into the agreement creating a Joint Powers Authority (referred to as the Financing Authority in this Staff Report). In order that the Financing Authority proposed for the refunding bonds remains wholly controlled by the Town Council (similar to the agreement between the Town and the former Redevelopment Agency), staff proposes that the Town form a new entity, the Tiburon Parking Authority, to serve as the other member of the new Financing Authority. The new Parking Authority entity would essentially replace the former Redevelopment Agency as a partner to the new Financing Authority. It is expected that the Town Council, as the governing board of the new Parking Authority, would limit the activities of the Parking Authority to its membership in the new Financing Authority, and it would not be expected that the new Parking Authority would have any other property or operations. By creating the new Financing Authority, the Town will have an entity that can issue refunding revenue bonds and purchase reassessment bonds, as well as participate in future financings to the extent such a need arises. The Town can create the Parking Authority by adoption of a resolution declaring the need for the Parking Authority to function. Creating the new Financing Authority requires the adoption of a resolution by the Town Council and a resolution by the members of the Parking Authority (which will consist of the members of the Town Council) to form the Financing Authority. All resolutions can be adopted at a single meeting in the following steps: 1. Town Council adopts the resolution creating the Parking Authority (Exhibit 1), and approving the JPA Agreement (Exhibit 2), and then adjourns its meeting. 2. The Town Council then convenes as the governing board of the Parking Authority, adopts a resolution approving the JPA agreement (Exhibit 3), and then adjourns its meeting. 3. The Town Council then reconvenes, and continues with its agenda. FINANCIAL IMPACT As previously mentioned, the financial benefit derived from the proposed refinancing will be to the affected property owners. Staff anticipates no significant financial impact to the Town as a result of Council approving the staff recommendation. RECOMMENDATION Staff recommends that the Town Council: Adopt the resolution activating the Tiburon Parking Authority and the resolution approving the joint exercise of powers agreement establishing the Tiburon Public Financing Authority. A resolution related to the establishment of the Tiburon Public Financing Authority is on the agenda for the Parking Authority. TOWN O- Page 3 of 4 Town Council Meeting .June 1. 2016 Exhibits: 1) A resolution of the Town Council of the Town of Tiburon Declaring that there is a need for a Parking Authority to function in the Town, Declaring that the Town Council shall be the Legislative Body of the Parking Authority, and Designating Officers of the Parking Authority; 2) A Resolution of the Town Council of the Town of Tiburon authorizing the Execution of a Joint Exercise of Powers Agreement establishing the Tiburon Public Financing Authority; 3) A resolution of the Members of the Tiburon Parking Authority authorizing the Execution of a Joint Exercise of Powers Agreement Establishing the Tiburon Public Financing Authority. Prepared by: Greg Chanis, Town Manager Tow \OF -rim 'RON Paw 4of.1 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING THAT THERE IS A NEED FOR A PARKING AUTHORITY TO FUNCTION IN THE TOWN, DECLARING THAT THE TOWN COUNCIL SHALL BE THE LEGISLATIVE BODY OF THE PARKING AUTHORITY, AND DESIGNATING OFFICERS OF THE PARKING AUTHORITY WHEREAS, the Parking Law of 1949 is codified in California Streets & Highways Code Sections 32500 and following (the "Law"); and WHEREAS, Section 32650 of the Law provides that in each city, including the Town of Tiburon (the "Town"), there is a public body corporate and politic known as the parking authority of the city (with respect to the Town, the "Parking Authority"); and WHEREAS, Section 32651 of the Law additionally provides in effect that the Parking Authority shall not transact business or exercise its power unless the Town Council, as the legislative body of the Town, declares by resolution that there is a need for the Parking Authority to function in the Town; and WHEREAS, Section 32661.1 of the Law effectively provides that the Town Council may declare itself to be the legislative body of the Parking Authority; and WHEREAS, the Town Council now desires to declare the need for the Parking Authority to function in the Town, to declare itself to be the legislative body of the Parking Authority, and to designate a Chair, a Vice Chair, an Executive Director, a Finance Officer and a Secretary for the Parking Authority. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. Findings. The Town Council finds that there is a need for the Parking Authority to function in the Town, which Parking Authority shall be known as the "Tiburon Parking Authority." 2. Town Councilmembers to Serve as Members of the Parking Authority. Pursuant to Section 32661.1 of the Law, the Town Council finds that the appointment of the members of the Town Council as the members of the Parking Authority will serve the public interest and promote the public welfare in an effective manner and, therefore, the members of the Town Council are hereby declared to be members of the Parking Authority and all the rights, powers, duties, privileges and immunities that are vested by the Law in the Parking Authority shall be vested in such members, except as otherwise provided by the Law. 3. Designation of Officers. The Mayor of the Town shall serve as the Chair of the Parking Authority, the Vice Mayor shall serve as the Vice Chair of the Parking Authority, the Town Manager shall serve as the Executive Director of the Parking Authority, the Town Director of Administrative Services shall serve as the Finance Officer of the Parking Authority and the Town Clerk shall serve as the Secretary to the Parking Authority. 4. Effective. This Resolution shall be effective upon its adoption by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: Mayor ATTEST: Town Clerk 20034.01:114062 5/23/16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING THE TIBURON PUBLIC FINANCING AUTHORITY WHEREAS, the Town of Tiburon (the "Town") and the Tiburon Parking Authority (the "Parking Authority") desire to establish a joint exercise of powers agency under Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act") to be known as the "Tiburon Public Financing Authority" (the "JPA"); WHEREAS, there has been presented to this meeting a form of a Joint Exercise of Powers Agreement (the "JPA Agreement"), by and between the Parking Authority and the Town establishing the JPA; and WHEREAS, under the Act and as provided in the JPA Agreement, the JPA will be a public entity separate and apart from its members, and the debts, liabilities and obligations of the JPA will not be the debts, liabilities or obligations of its members. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. Approval of JPA Agreement. The JPA Agreement, in the form placed on file with the Town Clerk, is hereby approved. The Mayor and the Town Manager (each, a "Designated Officer"), each acting alone, are hereby authorized and directed, for and on behalf of the Town, to execute, and the Town Clerk is hereby authorized to attest and deliver, the JPA Agreement in said form, together with such changes thereto that the Designated Officer executing the JPA Agreement, with the advice of counsel, may approve, such approval to be conclusively evidenced by the execution and delivery of the JPA Agreement by a Designated Officer. 2. Official Actions and Filings. The Designated Officers, as well as the Town Finance Director, are hereby authorized and directed, for and on behalf of the Town, to take any and all other actions related to the establishment of the JPA and the JPA Agreement consistent with the purposes of this Resolution, including but not limited to the filing of a notice with the Secretary of State as required by Sections 6503.5 and 6503.7 of the Act. C L� f�7 3. Effective. This Resolution shall be effective upon its adoption by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: ATTEST: Town Clerk 20034,01;)14063 5/23/16 Mayor JOINT EXERCISE OF POWERS AGREEMENT TIBURON PUBLIC FINANCING AUTHORITY THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement"), dated as of 2016, is between the TOWN OF TIBURON, a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of California (the "Town"), and the TIBURON PARKING AUTHORITY, a public, corporate instrumentality duly organized and existing under the laws of the State of California (the "Parking Authority"). BACKGROUND: The Town and the Parking Authority desire to enter into this Agreement to establish a joint exercise of powers authority under Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), in order to assist in the financing and refinancing of certain public programs (including but not limited to the undergrounding assessment district program of the Town) and projects, and assist in the financing and refinancing of public capital improvements, as defined in the Act, for the benefit of the Town and the Parking Authority. AGREEMENT: For and in consideration of the premises and the material covenants hereinafter contained, the parties hereto hereby formally covenant, agree and bind themselves as follows: Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 have the meanings herein specified. "Act" means Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended. "Agreement" means this Joint Exercise of Powers Agreement establishing the Authority, as originally executed by the Town and the Parking Authority and as it thereafter may be amended from time to time by the Members. "Authority" means the Tiburon Public Financing Authority established by this Agreement. "Board of Directors" means the governing board of the Authority. "Bonds" means bonds and any other evidence of indebtedness of the Authority duly authorized and issued by the Authority. "Brown Act" means the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California), or any successor legislation hereinafter enacted. "Town" means the Town of Tiburon, a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of California. 20034.01:J14067 "Member" or "Members" means the members of the Authority from time to time as may be modified in accordance with this Agreement. As of the date of this Agreement, the sole Members are the Town and the Parking Authority. "Parking Authority" means the Tiburon Parking Authority, a public, corporate instrumentality duly organized and existing under the laws of the State of California. Section 2. Purpose. This Agreement is entered into under the Act for the purpose of assisting in the financing and refinancing of certain public programs (including but not limited to the undergrounding assessment district program of the Town) and projects of the Members, and assisting in the financing and refinancing of public capital improvements, as defined in the Act, for the benefit of the Members by exercising the powers of the Authority described in Section 5 and otherwise conferred by the Act. Section 3. Term. This Agreement shall effect upon its execution by the Town and the Parking Authority and shall remain in full force and effect until terminated by the Members, as evidenced by a resolution adopted by the governing board of each respective Member. However, in no event shall this Agreement terminate while any Bonds or other obligations of the Authority remain outstanding under the terms of any indenture, trust agreement, contract, agreement, lease, sublease or other instrument under which such Bonds are issued or other obligations are incurred. The Authority shall administer this Agreement and shall cause all records regarding its formation, existence, any Bonds issued by it, obligations incurred by it and proceedings pertaining to its termination to be retained for at least six years following termination of the Authority or final payment of any Bonds, whichever is later. Section 4. The Authority. (a) Status of Authority. There is hereby established under the Act an agency and public entity to be known as the "Tiburon Public Financing Authority." As provided in the Act, the Authority is a public entity separate and apart from the Members. The debts, liabilities and obligations of the Authority do not and shall not constitute debts, liabilities or obligations of the Members. Within 30 days after the effective date of this Agreement, and of any further amendment hereto in the future, the Authority, or the Town on behalf of the Authority, will cause a notice of this Agreement or any future amendment to be prepared and filed with the office of the California Secretary of State in the manner required by Section 6503.5 of the Act, as amended. (b) Governing Board. The Authority shall be administered by the Board of Directors whose members shall be, at all times, the members of the Town Council of the Town from time to time. The term of office as a member of the Board of Directors will terminate when such member of the Board of Directors ceases to be a member of the Town Council of the Town; and the successor to such member of the Town Council of the Town will become a member of the Board of Directors upon assuming such office. Members of the Board of Directors will not receive any compensation for serving as such, but are entitled to reimbursement for any expenses actually incurred in connection with serving as a member if the Board of Directors determines that such expenses will be reimbursed, and unencumbered funds are available for that purpose. 2 (c) Meetings of the Board of Directors. (i) Time and Place. The time and place for holding Board of Directors meetings shall be established, and may be changed at any time, by resolution of the Board of Directors. Initially, meetings shall be held as follows: (1) The Board of Directors shall conduct regular meetings on the same date, at the same time and at the same location as the regular meetings of the Town Council of the Town. Such regular meetings may occur either during or after the regular meetings of the Town Council of the Town, but may not commence earlier than the starting time for the regular meetings of the Town Council of the Town. If the Secretary does not post an agenda for a regular meeting pursuant to the Brown Act, then such failure to post shall be deemed to be a determination by the Chair that no items required discussion and, therefore, that the regular meeting of the Board of Directors has been cancelled, except as otherwise provided in the Brown Act. (2) The Board of Directors may hold special meetings at any time and from time to time in accordance with law. (ii) Legal Notice. All meetings of the Board of Directors will be called, noticed, held and conducted in accordance with the provisions of the Brown Act. (iii) Minutes. The Board of Directors will cause minutes of all meetings of the Board of Directors to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board of Directors and to the Members. (iv) Quorum. A majority of the members of the Board constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings from time to time. (v) Voting. Each Director shall have one vote. The affirmative vote of the Directors at a meeting at which a quorum is present shall be required to take any action by the Board of Directors. (d) Officers; Duties; Bonds. The Officers of the Authority shall be the Chair, Vice -Chair, Executive Director, Secretary and Treasurer. (i) The Chair shall be the person serving as the mayor of the Town; the Vice -Chair shall be the person serving as the vice -mayor of the Town; the Executive Director shall be the person serving as the Town Manager of the Town; and the Secretary shall be the person serving as the Town Clerk. The officers shall perform the duties normal to their respective offices. The Chair or the Executive Director shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board of Directors. The Vice Chair shall act, sign contracts, and perform all of the Chair's duties in the absence of the Chair. The Secretary shall perform such duties as may be imposed by the Board of Directors and cause a copy of this Agreement to be filed with the California Secretary of State pursuant to the Act. These officers shall have such additional powers and duties as may be determined by the Board of Directors from time to time by resolution. 3 (ii) Pursuant to Section 6505.6 of the Act, the chief financial officer of the Town (currently the Director of Administrative Services of the Town) is hereby designated as the Treasurer of the Authority. The Treasurer shall be the depositary, shall have the duties and obligations set forth in sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. Pursuant to section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds, and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. (iii) So long as required by Section 6505 and Section 6505.5 of the Act, the Treasurer shall prepare or cause to be prepared a special audit as required under Section 6505 of the Act every year during the term of this Agreement, which may be incorporated into the audited financial statements of the Town. (iv) The Town shall determine the charges, if any, to be made against the Authority for the services of the Treasurer and the other officers of the Authority. (v) The Board of Directors shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (vi) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation and other benefits which apply to the activities of officers, agents or employees of the Members when performing their respective functions within the territorial limits of their respective Member, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. (vii) None of the officers, agents or employees directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by any Member or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member. Section 5. Powers. The Authority shall have the following powers: (a) all powers separately conferred upon joint exercise of powers authorities under California law, including without limitation the Act, and (b) any and all powers that are common powers of the Members. All such powers, whether separately conferred by law or common to the Members, are specified as powers of the Authority except any such powers that are specifically prohibited to the Authority by law. The Authority's exercise of its powers is subject to the restrictions upon the manner of exercising the powers of the Town. The Authority is authorized, in its own name, to do all acts necessary for the exercise of its powers. Notwithstanding the foregoing, the Authority has any additional powers conferred under the Act or under applicable law, insofar as such additional powers may be necessary to accomplish the purposes described in Section 2. Section 6. Fiscal Year. Unless and until changed by resolution of the Board of Directors, the fiscal year of the Authority is the period from July 1 of each year to and including the following June 30. 4 Section 7. Disposition of Assets. Upon termination of this Agreement under Section 3, any surplus money in possession of the Authority or on deposit in any fund or account of the Authority will be returned in proportion to any contributions made to the Authority as required by Section 6512 of the Act. The Board of Directors is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. After rescission or termination of this Agreement under Section 3, all property of the Authority, both real and personal, shall be distributed to the Town, subject to Section 8. Section 8. Contributions and Advances. Contributions or advances of public funds and of personnel, equipment, or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance made in respect of a revenue-producing facility shall be made subject to repayment, and will be repaid, in the manner agreed upon by the respective Member making the contribution and the Authority as provided by 6512.1 of the Act. It is mutually understood and agreed that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though a member may do so. Any Member may allow the use of personnel, equipment or property in lieu of other contributions or advances to the Authority. Section 9. Conflict of Interest Code. The Authority hereby adopts the conflict of interest code of the Town, as it may exist from time to time, as the conflict of interest code governing the Authority. Section 10. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk or secretary of each Member. Section 11. Addition of Member. (a) Any public agency may be added as a party to this Agreement, and become a Member, by filing with the Board of Directors a certified copy of a resolution of the governing body of such public agency whereby it agrees to the provisions of this Agreement and requests to become a Member. The Board of Directors may accept or reject any such proposal in its sole and absolute discretion, and if accepted, such public agency shall become a Member when (i) its admission is approved by a vote of a majority of the Board of Directors voting on the matter and (ii) such public agency deposits or agrees to deposit with the Authority an amount equal to such share of the costs and expenses incurred by the Authority prior to the date of admission of such public agency as a Member, as determined by the Board of Directors in its discretion. (b) Upon satisfaction of the provisions of subsection (a) above, such public agency shall be a Member for all purposes of this Agreement. The effectiveness of such membership shall not constitute an amendment or modification of this Agreement. Section 12. Withdrawal or Exclusion of a Member. (a) Any Member may withdraw from the Authority by filing with the Board of Directors a certified copy of a resolution of the governing body of the Member expressing its desire to so withdraw, whereupon the withdrawing Member shall no longer be considered a Member for any reason or purpose under this Agreement and its rights and obligations under this Agreement shall terminate. Any Member that is dissolved or ceases to exist for any reason shall be deemed to have withdrawn from this Agreement as of the date of such Member's dissolution. 5 The withdrawal of a Member shall not affect any obligations of such Member under any contract between the withdrawing Member and the Authority. (b) No withdrawal from membership shall constitute an amendment or modification of this Agreement. (c) Notwithstanding the foregoing, no Member may withdraw from the Authority so long as there are only two members of the Authority. Section 13. Severability. If any part, term, or provision of this Agreement is decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof will not be affected thereby. Section 14. Successors; Assignment. This Agreement is binding on and inures to the benefit of the successors of the Members. No Member may assign any right or obligation hereunder without the written consent of the other Members. Section 15. Amendment. This Agreement may be amended at any time by supplemental agreement executed by all of the Members. However, any such supplemental agreement is subject to any restrictions contained in any documents related to outstanding Bonds or other obligations of the Authority. Section 16. Waiver of Personal Liability. No member of the Board of Directors, officer or employee of the Authority or any Member is individually or personally liable for any Bonds or any claims, losses, damages, costs, injury or liability of any kind, nature or description arising from the actions of the Authority or the actions undertaken under or pursuant to this Agreement. To the full extent permitted by law, the Board of Directors shall provide for indemnification by the Authority of any person who is or was a member of the Board of Directors, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member of the Board of Directors, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in the course and scope of his or her office, employment or agency. In the case of a criminal proceeding, the Board of Directors may provide for indemnification and defense of a member of the Board of Directors, or an officer, employee, or other agent of the Authority to the extent permitted by law. Section 17. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Where reference is made to duties to be performed for the Authority by a public official or employee, such duties may be performed by that person's duly authorized deputy or assistant. Where reference is made to actions to be taken by a Member, such action may be exercised through the officers, staff or employees of that Member in the manner provided by law. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 6 IN WITNESS WHEREOF, the parities hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. Attest: By Town Clerk Attest: By Secretary 7 TOWN OF TIBURON By Mayor TIBURON PARKING AUTHORITY By Chair A RESOLUTION OF THE MEMBERS OF THE TIBURON PARKING AUTHORITY AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING THE TIBURON PUBLIC FINANCING AUTHORITY WHEREAS, the Town of Tiburon (the "Town") and the Tiburon Parking Authority (the "Parking Authority") desire to establish a joint exercise of powers agency under Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act") to be known as the "Tiburon Public Financing Authority" (the "JPA"); WHEREAS, there has been presented to this meeting a form of a Joint Exercise of Powers Agreement (the "JPA Agreement"), by and between the Parking Authority and the Town, establishing the JPA; and WHEREAS, under the Act and as provided in the JPA Agreement, the JPA will be a public entity separate and apart from its members, and the debts, liabilities and obligations of the JPA will not be the debts, liabilities or obligations of its members. NOW, THEREFORE, BE IT RESOLVED by the Members of the Tiburon Parking Authority as follows: 1. Approval of JPA Agreement. The JPA Agreement, in the form placed on file with the Secretary, is hereby approved. The Chair, the Vice Chair and the Executive Director (each, a "Designated Officer"), each acting alone, are hereby authorized and directed, for and on behalf of the Parking Authority, to execute and deliver the JPA Agreement in said form, together with such changes thereto that the Designated Officer executing the JPA Agreement, with the advice of counsel, may approve, such approval to be conclusively evidenced by the execution and delivery of the JPA Agreement by a Designated Officer. 2. Official Actions and Filings. The Designated Officers, as well as the Finance Officer and the Secretary, are hereby authorized and directed, for and on behalf of the Parking Authority, to take any and all other actions related to the establishment of the JPA and the JPA Agreement consistent with the purposes of this Resolution. C �(U/ LCr i 3. Effective. This Resolution shall be effective upon its adoption by the Members. PASSED AND ADOPTED at a special meeting of the Members of the Tiburon Parking Authority on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: ATTEST: Secretary 20034.01:J 14064 5/23/16 Chair JOINT EXERCISE OF POWERS AGREEMENT TIBURON PUBLIC FINANCING AUTHORITY THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement"), dated as of , 2016, is between the TOWN OF TIBURON, a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of California (the "Town"), and the TIBURON PARKING AUTHORITY, a public, corporate instrumentality duly organized and existing under the laws of the State of California (the "Parking Authority"). BACKGROUND: The Town and the Parking Authority desire to enter into this Agreement to establish a joint exercise of powers authority under Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), in order to assist in the financing and refinancing of certain public programs (including but not limited to the undergrounding assessment district program of the Town) and projects, and assist in the financing and refinancing of public capital improvements, as defined in the Act, for the benefit of the Town and the Parking Authority. AGREEMENT: For and in consideration of the premises and the material covenants hereinafter contained, the parties hereto hereby formally covenant, agree and bind themselves as follows: Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 have the meanings herein specified. "Act" means Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended. "Agreement" means this Joint Exercise of Powers Agreement establishing the Authority, as originally executed by the Town and the Parking Authority and as it thereafter may be amended from time to time by the Members. "Authority" means the Tiburon Public Financing Authority established by this Agreement. "Board of Directors" means the governing board of the Authority. "Bonds" means bonds and any other evidence of indebtedness of the Authority duly authorized and issued by the Authority. "Brown Act" means the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California), or any successor legislation hereinafter enacted. "Town" means the Town of Tiburon, a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of California. 20034.01:J14067 "Member" or "Members" means the members of the Authority from time to time as may be modified in accordance with this Agreement. As of the date of this Agreement, the sole Members are the Town and the Parking Authority. "Parking Authority" means the Tiburon Parking Authority, a public, corporate instrumentality duly organized and existing under the laws of the State of California. Section 2. Purpose. This Agreement is entered into under the Act for the purpose of assisting in the financing and refinancing of certain public programs (including but not limited to the undergrounding assessment district program of the Town) and projects of the Members, and assisting in the financing and refinancing of public capital improvements, as defined in the Act, for the benefit of the Members by exercising the powers of the Authority described in Section 5 and otherwise conferred by the Act. Section 3. Term. This Agreement shall effect upon its execution by the Town and the Parking Authority and shall remain in full force and effect until terminated by the Members, as evidenced by a resolution adopted by the governing board of each respective Member. However, in no event shall this Agreement terminate while any Bonds or other obligations of the Authority remain outstanding under the terms of any indenture, trust agreement, contract, agreement, lease, sublease or other instrument under which such Bonds are issued or other obligations are incurred. The Authority shall administer this Agreement and shall cause all records regarding its formation, existence, any Bonds issued by it, obligations incurred by it and proceedings pertaining to its termination to be retained for at least six years following termination of the Authority or final payment of any Bonds, whichever is later. Section 4. The Authority. (a) Status of Authority. There is hereby established under the Act an agency and public entity to be known as the "Tiburon Public Financing Authority." As provided in the Act, the Authority is a public entity separate and apart from the Members. The debts, liabilities and obligations of the Authority do not and shall not constitute debts, liabilities or obligations of the Members. Within 30 days after the effective date of this Agreement, and of any further amendment hereto in the future, the Authority, or the Town on behalf of the Authority, will cause a notice of this Agreement or any future amendment to be prepared and filed with the office of the California Secretary of State in the manner required by Section 6503.5 of the Act, as amended. (b) Governing Board. The Authority shall be administered by the Board of Directors whose members shall be, at all times, the members of the Town Council of the Town from time to time. The term of office as a member of the Board of Directors will terminate when such member of the Board of Directors ceases to be a member of the Town Council of the Town; and the successor to such member of the Town Council of the Town will become a member of the Board of Directors upon assuming such office. Members of the Board of Directors will not receive any compensation for serving as such, but are entitled to reimbursement for any expenses actually incurred in connection with serving as a member if the Board of Directors determines that such expenses will be reimbursed, and unencumbered funds are available for that purpose. 2 (c) Meetings of the Board of Directors. (i) Time and Place. The time and place for holding Board of Directors meetings shall be established, and may be changed at any time, by resolution of the Board of Directors. Initially, meetings shall be held as follows: (1) The Board of Directors shall conduct regular meetings on the same date, at the same time and at the same location as the regular meetings of the Town Council of the Town. Such regular meetings may occur either during or after the regular meetings of the Town Council of the Town, but may not commence earlier than the starting time for the regular meetings of the Town Council of the Town. If the Secretary does not post an agenda for a regular meeting pursuant to the Brown Act, then such failure to post shall be deemed to be a determination by the Chair that no items required discussion and, therefore, that the regular meeting of the Board of Directors has been cancelled, except as otherwise provided in the Brown Act. (2) The Board of Directors may hold special meetings at any time and from time to time in accordance with law. (ii) Legal Notice. All meetings of the Board of Directors will be called, noticed, held and conducted in accordance with the provisions of the Brown Act. (iii) Minutes. The Board of Directors will cause minutes of all meetings of the Board of Directors to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board of Directors and to the Members. (iv) Quorum. A majority of the members of the Board constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings from time to time. (v) Voting. Each Director shall have one vote. The affirmative vote of the Directors at a meeting at which a quorum is present shall be required to take any action by the Board of Directors. (d) Officers; Duties; Bonds. The Officers of the Authority shall be the Chair, Vice -Chair, Executive Director, Secretary and Treasurer. (1) The Chair shall be the person serving as the mayor of the Town; the Vice -Chair shall be the person serving as the vice -mayor of the Town; the Executive Director shall be the person serving as the Town Manager of the Town; and the Secretary shall be the person serving as the Town Clerk. The officers shall perform the duties normal to their respective offices. The Chair or the Executive Director shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board of Directors. The Vice Chair shall act, sign contracts, and perform all of the Chair's duties in the absence of the Chair. The Secretary shall perform such duties as may be imposed by the Board of Directors and cause a copy of this Agreement to be filed with the California Secretary of State pursuant to the Act. These officers shall have such additional powers and duties as may be determined by the Board of Directors from time to time by resolution. 3 (ii) Pursuant to Section 6505.6 of the Act, the chief financial officer of the Town (currently the Director of Administrative Services of the Town) is hereby designated as the Treasurer of the Authority. The Treasurer shall be the depositary, shall have the duties and obligations set forth in sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. Pursuant to section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds, and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. (iii) So long as required by Section 6505 and Section 6505.5 of the Act, the Treasurer shall prepare or cause to be prepared a special audit as required under Section 6505 of the Act every year during the term of this Agreement, which may be incorporated into the audited financial statements of the Town. (iv) The Town shall determine the charges, if any, to be made against the Authority for the services of the Treasurer and the other officers of the Authority. (v) The Board of Directors shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (vi) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation and other benefits which apply to the activities ,of officers, agents or employees of the Members when performing their respective functions within the territorial limits of their respective Member, shall apply to there to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. (vii) None , of the officers, agents or employees directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by any Member or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member. Section 5. Powers. The Authority shall have the following powers: (a) all powers separately conferred upon joint exercise of powers authorities under California law, including without limitation the Act, and (b) any and all powers that are common powers of the Members. All such powers, whether separately conferred by law or common to the Members, are specified as powers of the Authority except any such powers that are specifically prohibited to the Authority by law. The Authority's exercise of its powers is subject to the restrictions upon the manner of exercising the powers of the Town. The Authority is authorized, in its own name, to do all acts necessary for the exercise of its powers. Notwithstanding the foregoing, the Authority has any additional powers conferred under the Act or under applicable law, insofar as such additional powers may be necessary to accomplish the purposes described in Section 2. Section 6. Fiscal Year. Unless and until changed by resolution of the Board of Directors, the fiscal year of the Authority is the period from July 1 of each year to and including the following June 30. 4 Section 7. Disposition of Assets. Upon termination of this Agreement under Section 3, any surplus money in possession of the Authority or on deposit in any fund or account of the Authority will be returned in proportion to any contributions made to the Authority as required by Section 6512 of the Act. The Board of Directors is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. After rescission or termination of this Agreement under Section 3, all property of the Authority, both real and personal, shall be distributed to the Town, subject to Section 8. Section 8. Contributions and Advances. Contributions or advances of public funds and of personnel, equipment, or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance made in respect of a revenue-producing facility shall be made subject to repayment, and will be repaid, in the manner agreed upon by the respective Member making the contribution and the Authority as provided by 6512.1 of the Act. It is mutually understood and agreed that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though a member may do so. Any Member may allow the use of personnel, equipment or property in lieu of other contributions or advances to the Authority. Section 9. Conflict of Interest Code. The Authority hereby adopts the conflict of interest code of the Town, as it may exist from time to time, as the conflict of interest code governing the Authority. Section 10. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk or secretary of each Member. Section 11. Addition of Member. (a) Any public agency may be added as a party to this Agreement, and become a Member, by filing with the Board of Directors a certified copy of a resolution of the governing body of such public agency whereby it agrees to the provisions of this Agreement and requests to become a Member. The Board of Directors may accept or reject any such proposal in its sole and absolute discretion, and if accepted, such public agency shall become a Member when (i) its admission is approved by a vote of a majority of the Board of Directors voting on the matter and (ii) such public agency deposits or agrees to deposit with the Authority an amount equal to such share of the costs and expenses incurred by the Authority prior to the date of admission of such public agency as a Member, as determined by the Board of Directors in its discretion. (b) Upon satisfaction of the provisions of subsection (a) above, such public agency shall be a Member for all purposes of this Agreement. The effectiveness of such membership shall not constitute an amendment or modification of this Agreement. Section 12. Withdrawal or Exclusion of a Member. (a) Any Member may withdraw from the Authority by filing with the Board of Directors a certified copy of a resolution of the governing body of the Member expressing its desire to so withdraw, whereupon the withdrawing Member shall no longer be considered a Member for any reason or purpose under this Agreement and its rights and obligations under this Agreement shall terminate. Any Member that is dissolved or ceases to exist for any reason shall be deemed to have withdrawn from this Agreement as of the date of such Member's dissolution. 5 The withdrawal of a Member shall not affect any obligations of such Member under any contract between the withdrawing Member and the Authority. (b) No withdrawal from membership shall constitute an amendment or modification of this Agreement. (c) Notwithstanding the foregoing, no Member may withdraw from the Authority so long as there are only two members of the Authority. Section 13. Severability. If any part, term, or provision of this Agreement is decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof will not be affected thereby. Section 14. Successors; Assignment. This Agreement is binding on and inures to the benefit of the successors of the Members. No Member may assign any right or obligation hereunder without the written consent of the other Members. Section 15. Amendment. This Agreement may be amended at any time by supplemental agreement executed by all of the Members. However, any such supplemental agreement is subject to any restrictions contained in any documents related to outstanding Bonds or other obligations of the Authority. Section 16. Waiver of Personal Liability. No member of the Board of Directors, officer or employee of the Authority or any Member is individually or personally liable for any Bonds or any claims, losses, damages, costs, injury or liability of any kind, nature or description arising from the actions of the Authority or the actions undertaken under or pursuant to this Agreement. To the full extent permitted by law, the Board of Directors shall provide for indemnification by the Authority of any person who is or was a member of the Board of Directors, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member of the Board of Directors, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in the course and scope of his or her office, employment or agency. In the case of a criminal proceeding, the Board of Directors may provide for indemnification and defense of a member of the Board of Directors, or an officer, employee, or other agent of the Authority to the extent permitted by law. Section 17. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Where reference is made to duties to be performed for the Authority by a public official or employee, such duties may be performed by that person's duly authorized deputy or assistant. Where reference is made to actions to be taken by a Member, such action may be exercised through the officers, staff or employees of that Member in the manner provided by law. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 6 IN WITNESS WHEREOF, the parities hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. Attest: By Town Clerk Attest: By Secretary 7 TOWN OF TIBURON By Mayor TIBURON PARKING AUTHORITY By Chair A RESOLUTION OF THE MEMBERS OF THE TIBURON PARKING AUTHORITY AUTHORIZING THE EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT ESTABLISHING THE TIBURON PUBLIC FINANCING AUTHORITY WHEREAS, the Town of Tiburon (the "Town") and the Tiburon Parking Authority (the "Parking Authority") desire to establish a joint exercise of powers agency under Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act") to be known as the "Tiburon Public Financing Authority" (the "JPA"); WHEREAS, there has been presented to this meeting a form of a Joint Exercise of Powers Agreement (the "JPA Agreement"), by and between the Parking Authority and the Town, establishing the JPA; and WHEREAS, under the Act and as provided in the JPA Agreement, the JPA will be a public entity separate and apart from its members, and the debts, liabilities and obligations of the JPA will not be the debts, liabilities or obligations of its members. NOW, THEREFORE, BE IT RESOLVED by the Members of the Tiburon Parking Authority as follows: 1. Approval of JPA Agreement. The JPA Agreement, in the form placed on file with the Secretary, is hereby approved. The Chair, the Vice Chair and the Executive Director (each, a "Designated Officer"), each acting alone, are hereby authorized and directed, for and on behalf of the Parking Authority, to execute and deliver the JPA Agreement in said form, together with such changes thereto that the Designated Officer executing the JPA Agreement, with the advice of counsel, may approve, such approval to be conclusively evidenced by the execution and delivery of the JPA Agreement by a Designated Officer. 2. Official Actions and Filings. The Designated Officers, as well as the Finance Officer and the Secretary, are hereby authorized and directed, for and on behalf of the Parking Authority, to take any and all other actions related to the establishment of the JPA and the JPA Agreement consistent with the purposes of this Resolution. 3. Effective. This Resolution shall be effective upon its adoption by the Members. PASSED AND ADOPTED at a special meeting of the Members of the Tiburon Parking Authority on , by the following vote: AYES: NOES: ABSENT: ABSTAIN: APPROVED: Chair ATTEST: Secretary 20034.01:J14064 5/23/16 JOINT EXERCISE OF POWERS AGREEMENT TIBURON PUBLIC FINANCING AUTHORITY THIS JOINT EXERCISE OF POWERS AGREEMENT (the "Agreement"), dated as of , 2016, is between the TOWN OF TIBURON, a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of California (the "Town"), and the TIBURON PARKING AUTHORITY, a public, corporate instrumentality duly organized and existing under the laws of the State of California (the "Parking Authority"). BACKGROUND: The Town and the Parking Authority desire to enter into this Agreement to establish a joint exercise of powers authority under Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), in order to assist in the financing and refinancing of certain public programs (including but not limited to the undergrounding assessment district program of the Town) and projects, and assist in the financing and refinancing of public capital improvements, as defined in the Act, for the benefit of the Town and the Parking Authority. AGREEMENT: For and in consideration of the premises and the material covenants hereinafter contained, the parties hereto hereby formally covenant, agree and bind themselves as follows: Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section 1 have the meanings herein specified. "Act" means Articles 1, 2 and 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California, as amended. "Agreement" means this Joint Exercise of Powers Agreement establishing the Authority, as originally executed by the Town and the Parking Authority and as it thereafter may be amended from time to time by the Members. "Authority" means the Tiburon Public Financing Authority established by this Agreement. "Board of Directors" means the governing board of the Authority. "Bonds" means bonds and any other evidence of indebtedness of the Authority duly authorized and issued by the Authority. "Brown Act" means the Ralph M. Brown Act (Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California), or any successor legislation hereinafter enacted. "Town" means the Town of Tiburon, a municipal corporation and political subdivision duly organized and existing under the Constitution and laws of the State of California. 20034.01:J14067 "Member" or "Members" means the members of the Authority from time to time as may be modified in accordance with this Agreement. As of the date of this Agreement, the sole Members are the Town and the Parking Authority. "Parking Authority" means the Tiburon Parking Authority, a public, corporate instrumentality duly organized and existing under the laws of the State of California. Section 2. Purpose. This Agreement is entered into under the Act for the purpose of assisting in the financing and refinancing of certain public programs (including but not limited to the undergrounding assessment district program of the Town) and projects of the Members, and assisting in the financing and refinancing of public capital improvements, as defined in the Act, for the benefit of the Members by exercising the powers of the Authority described in Section 5 and otherwise conferred by the Act. Section 3. Term. This Agreement shall effect upon its execution by the Town and the Parking Authority and shall remain in full force and effect until terminated by the Members, as evidenced by a resolution adopted by the governing board of each respective Member. However, in no event shall this Agreement terminate while any Bonds or other obligations of the Authority remain outstanding under the terms of any indenture, trust agreement, contract, agreement, lease, sublease or other instrument under which such Bonds are issued or other obligations are incurred. The Authority shall administer this Agreement and shall cause all records regarding its formation, existence, any Bonds issued by it, obligations incurred by it and proceedings pertaining to its termination to be retained for at least six years following termination of the Authority or final payment of any Bonds, whichever is later. Section 4. The Authority. (a) Status of Authority. There is hereby established under the Act an agency and public entity to be known as the "Tiburon Public Financing Authority." As provided in the Act, the Authority is a public entity separate and apart from the Members. The debts, liabilities and obligations of the Authority do not and shall not constitute debts, liabilities or obligations of the Members. Within 30 days after the effective date of this Agreement, and of any further amendment hereto in the future, the Authority, or the Town on behalf of the Authority, will cause a notice of this Agreement or any future amendment to be prepared and filed with the office of the California Secretary of State in the manner required by Section 6503.5 of the Act, as amended. (b) Governing Board. The Authority shall be administered by the Board of Directors whose members shall be, at all times, the members of the Town Council of the Town from time to time. The term of office as a member of the Board of Directors will terminate when such member of the Board of Directors ceases to be a member of the Town Council of the Town; and the successor to such member of the Town Council of the Town will become a member of the Board of Directors upon assuming such office. Members of the Board of Directors will not receive any compensation for serving as such, but are entitled to reimbursement for any expenses actually incurred in connection with serving as a member if the Board of Directors determines that such expenses will be reimbursed, and unencumbered funds are available for that purpose. 2 (c) Meetings of the Board of Directors. (i) Time and Place. The time and place for holding Board of Directors meetings shall be established, and may be changed at any time, by resolution of the Board of Directors. Initially, meetings shall be held as follows: (1) The Board of Directors shall conduct regular meetings on the same date, at the same time and at the same location as the regular meetings of the Town Council of the Town. Such regular meetings may occur either during or after the regular meetings of the Town Council of the Town, but may not commence earlier than the starting time for the regular meetings of the Town Council of the Town. If the Secretary does not post an agenda for a regular meeting pursuant to the Brown Act, then such failure to post shall be deemed to be a determination by the Chair that no items required discussion and, therefore, that the regular meeting of the Board of Directors has been cancelled, except as otherwise provided in the Brown Act. (2) The Board of Directors may hold special meetings at any time and from time to time in accordance with law. (ii) Legal Notice. All meetings of the Board of Directors will be called, noticed, held and conducted in accordance with the provisions of the Brown Act. (iii) Minutes. The Board of Directors will cause minutes of all meetings of the Board of Directors to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board of Directors and to the Members. (iv) Quorum. A majority of the members of the Board constitute a quorum for the transaction of business, except that less than a quorum may adjourn meetings from time to time. (v) Voting. Each Director shall have one vote. The affirmative vote of the Directors at a meeting at which a quorum is present shall be required to take any action by the Board of Directors. (d) Officers; Duties; Bonds. The Officers of the Authority shall be the Chair, Vice -Chair, Executive Director, Secretary and Treasurer. (1) The Chair shall be the person serving as the mayor of the Town; the Vice -Chair shall be the person serving as the vice -mayor of the Town; the Executive Director shall be the person serving as the Town Manager of the Town; and the Secretary shall be the person serving as the Town Clerk. The officers shall perform the duties normal to their respective offices. The Chair or the Executive Director shall sign all contracts on behalf of the Authority, and shall perform such other duties as may be imposed by the Board of Directors. The Vice Chair shall act, sign contracts, and perform all of the Chair's duties in the absence of the Chair. The Secretary shall perform such duties as may be imposed by the Board of Directors and cause a copy of this Agreement to be filed with the California Secretary of State pursuant to the Act. These officers shall have such additional powers and duties as may be determined by the Board of Directors from time to time by resolution, 3 (ii) Pursuant to Section 6505.6 of the Act, the chief financial officer of the Town (currently the Director of Administrative Services of the Town) is hereby designated as the Treasurer of the Authority. The Treasurer shall be the depositary, shall have the duties and obligations set forth in sections 6505 and 6505.5 of the Act and shall assure that there shall be strict accountability of all funds and reporting of all receipts and disbursements of the Authority. Pursuant to section 6505.1 of the Act, the Treasurer shall have charge of, handle and have access to all accounts, funds, and money of the Authority and all records of the Authority relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Authority. (iii) So long as required by Section 6505 and Section 6505.5 of the Act, the Treasurer shall prepare or cause to be prepared a special audit as required under Section 6505 of the Act every year during the term of this Agreement, which may be incorporated into the audited financial statements of the Town. (iv) The Town shall determine the charges, if any, to be made against the Authority for the services of the Treasurer and the other officers of the Authority. (v) The Board of Directors shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. (vi) All of the privileges and immunities from liability, exemptions from laws, ordinances and rules, all pension, relief, disability, worker's compensation and other benefits which apply to the activities ,of officers, agents or employees of the Members when performing their respective functions within the territorial limits of their respective Member, shall apply to them to the same degree and extent while engaged in the performance of any of their functions and duties extraterritorially under the provisions of this Agreement. (vii) None , of the officers, agents or employees directly employed by the Authority shall be deemed, by reason of their employment by the Authority, to be employed by any Member or, by reason of their employment by the Authority, to be subject to any of the requirements of any Member. Section 5. Powers. The Authority shall have the following powers: (a) all powers separately conferred upon joint exercise of powers authorities under California law, including without limitation the Act, and (b) any and all pgwers that are common powers of the Members. All such powers, whether separately conferred by law or common to the Members, are specified as powers of the Authority except any such poweTs that are specifically prohibited to the Authority by law. The Authority's exercise of its powers is subject to the restrictions upon the manner of exercising the powers of the Town. The Authority is authorized, in its own name, to do all acts necessary for the exercise of its powers. Notwithstanding the foregoing, the Authority has any additional powers conferred under the Act or under applicable law, insofar as such additional powers may be necessary to accomplish the purposes described in Section 2. Section 6. Fiscal Year. Unless and until changed by resolution of the Board of Directors, the fiscal year of the Authority is the period from July 1 of each year to and including the following June 30. 4 Section 7. Disposition of Assets. Upon termination of this Agreement under Section 3, any surplus money in possession of the Authority or on deposit in any fund or account of the Authority will be returned in proportion to any contributions made to the Authority as required by Section 6512 of the Act. The Board of Directors is vested with all powers of the Authority for the purpose of concluding and dissolving the business affairs of the Authority. After rescission or termination of this Agreement under Section 3, all property of the Authority, both real and personal, shall be distributed to the Town, subject to Section 8. Section 8. Contributions and Advances. Contributions or advances of public funds and of personnel, equipment, or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution. Any such advance made in respect of a revenue-producing facility shall be made subject to repayment, and will be repaid, in the manner agreed upon by the respective Member making the contribution and the Authority as provided by 6512.1 of the Act. It is mutually understood and agreed that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though a member may do so. Any Member may allow the use of personnel, equipment or property in lieu of other contributions or advances to the Authority. Section 9. Conflict of Interest Code. The Authority hereby adopts the conflict of interest code of the Town, as it may exist from time to time, as the conflict of interest code governing the Authority. Section 10. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk or secretary of each Member. Section 11. Addition of Member. (a) Any public agency may be added as a party to this Agreement, and become a Member, by filing with the Board of Directors a certified copy of a resolution of the governing body of such public agency whereby it agrees to the provisions of this Agreement and requests to become a Member. The Board of Directors may accept or reject any such proposal in its sole and absolute discretion, and if accepted, such public agency shall become a Member when (i) its admission is approved by a vote of a majority of the Board of Directors voting on the matter and (ii) such public agency deposits or agrees to deposit with the Authority an amount equal to such share of the costs and expenses incurred by the Authority prior to the date of admission of such public agency as a Member, as determined by the Board of Directors in its discretion. (b) Upon satisfaction of the provisions of subsection (a) above, such public agency shall be a Member for all purposes of this Agreement. The effectiveness of such membership shall not constitute an amendment or modification of this Agreement. Section 12. Withdrawal or Exclusion of a Member. (a) Any Member may withdraw from the Authority by filing with the Board of Directors a certified copy of a resolution of the governing body of the Member expressing its desire to so withdraw, whereupon the withdrawing Member shall no longer be considered a Member for any reason or purpose under this Agreement and its rights and obligations under this Agreement shall terminate. Any Member that is dissolved or ceases to exist for any reason shall be deemed to have withdrawn from this Agreement as of the date of such Member's dissolution. 5 The withdrawal of a Member shall not affect any obligations of such Member under any contract between the withdrawing Member and the Authority. (b) No withdrawal from membership shall constitute an amendment or modification of this Agreement. (c) Notwithstanding the foregoing, no Member may withdraw from the Authority so long as there are only two members of the Authority. Section 13. Severability. If any part, term, or provision of this Agreement is decided by a court of competent jurisdiction to be illegal or in conflict with any law of the State of California, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining parts, terms or provisions hereof will not be affected thereby. Section 14. Successors; Assignment. This Agreement is binding on and inures to the benefit of the successors of the Members. No Member may assign any right or obligation hereunder without the written consent of the other Members. Section 15. Amendment. This Agreement may be amended at any time by supplemental agreement executed by all of the Members. However, any such supplemental agreement is subject to any restrictions contained in any documents related to outstanding Bonds or other obligations of the Authority. Section 16. Waiver of Personal Liability. No member of the Board of Directors, officer or employee of the Authority or any Member is individually or personally liable for any Bonds or any claims, losses, damages, costs, injury or liability of any kind, nature or description arising from the actions of the Authority or the actions undertaken under or pursuant to this Agreement. To the full extent permitted by law, the Board of Directors shall provide for indemnification by the Authority of any person who is or was a member of the Board of Directors, or an officer, employee or other agent of the Authority, and who was or is a party or is threatened to be made a party to a proceeding by reason of the fact that such person is or was such a member of the Board of Directors, or an officer, employee or other agent of the Authority, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding, if such person acted in good faith and in the course and scope of his or her office, employment or agency. In the case of a criminal proceeding, the Board of Directors may provide for indemnification and defense of a member of the Board of Directors, or an officer, employee, or other agent of the Authority to the extent permitted by law. Section 17. Miscellaneous. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Where reference is made to duties to be performed for the Authority by a public official or employee, such duties may be performed by that person's duly authorized deputy or assistant. Where reference is made to actions to be taken by a Member, such action may be exercised through the officers, staff or employees of that Member in the manner provided by law. All section headings contained herein are for convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. 6 IN WITNESS WHEREOF, the parities hereto have caused this Agreement to be executed by their respective duly authorized officers as of the day and year first above written. Attest: By Town Clerk Attest: By Secretary 7 TOWN OF TIBURON By Mayor TIBURON PARKING AUTHORITY By Chair TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 1, 2016 Agenda Item: c -C STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Police Chief Michael J. Cronin Consideration of Agreement between Town of Tiburon and City of Belvedere for Police Department Administrative Services .,E1 BACKGROUND On December 31, 2014, Captain David M. Hutton retired from the Town of Tiburon. Rather than replace his position with a new hire, the Town took the opportunity to evaluate the needs and services of the Tiburon Police Department at that time. This analysis led to a proposal to share administrative services with the Belvedere Police Department, for the mutual benefit of both agencies. An agreement was developed whereby Belvedere Police Chief Patricia Seyler would divide her time between the two jurisdictions, beginning in April of 2015. Under the terms of this agreement, Chief Seyler performs the duties and/or provides services including police report review and other communications; oversees management of officer training and scheduling; oversees management of patrol operations; provides occasional representation of the Town at police -related meetings, and assumes the role of Tiburon Police Chief in the absence of Tiburon Police Chief Michael Cronin. The agreement has proved advantageous to both communities and its continuance has the support of both Police Chiefs. The current contract for services expires on June 30, 2016. FISCAL IMPACT The total compensation for the Tiburon Police Captain's position, if it had been filled, would be $191,160 for Fiscal Year 2016-17. The total cost to the Town of Tiburon for the services of Chief Seyler for Fiscal Year 2016-17 will be $109,416, as proposed, representing a net savings of $81,744.00 for the Town. RECOMMENDATION Staff recommends that the Town Council authorize the Town Manager to execute the attached Amended and Restated Agreement for Police Department Services for the Fiscal Year 2016-17. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting June 1. 2016 EXHIBIT: Amended and Restated Agreement for Police Department Administrative Services Prepared by: Michael Cronin, Chief of Police TOWN OF TIM '162 N P 3.g,e 2 of 2 AMENDED AND RESTATED AGREEMENT FOR POLICE DEPARTMENT ADMINISTRATIVE SERVICES This Agreement is made and entered into this day of 2016, by and between the TOWN OF TIBURON (hereinafter "TOWN"), and the CITY OF BELVEDERE (hereinafter "CITY"). RECITALS WHEREAS, City employs a Police Chief ("City Chief") in a full time, FLSA exempt position; and WHEREAS, Town has a need for supervisor -level administrative assistance in its Police Department; and WHEREAS, City Chief can efficiently assist Town with administrative services similar in nature to services that City Chief routinely performs for City, without affecting the services that City Chief performs for City. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. The Town Police Chief is hereby designated the PROJECT MANAGER for Town, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. 2. DUTIES OF CITY CHIEF. CITY CHIEF shall perform the duties and/or provide services as follows: Review Police reports and other communications; oversee officer training and other scheduling; assist with managing patrol operations; occasionally represent Town at countywide meetings and other regional activities and assume the role of Town Police Chief in the absence of the Town Police Chief. 3. DUTIES OF TOWN. Town shall pay the compensation as provided in Paragraph 4, and continue to maintain sole and primary responsibility for all aspects of, and all services provided by, the Town Police Department. Rev. Date: 5/12/2016 1 4. COMPENSATION. For the full performance of the services described herein by City Chief, Town will pay City a monthly payment of fifty percent (50%) of the total amount of City Chief's monthly costs, as set forth in Exhibit "A" ("Monthly Costs). Said compensation shall be due the first working day of every month. Exhibit "A" may be updated from time to time by the City in the event Monthly Costs are changed. 5. TERM OF AGREEMENT. The Term of this Agreement shall be from July 1, 2016 through June 30, 2017. Upon mutual agreement of the parties, and subject to the approval of the City Manager and Town Manager, the Tenn of this Agreement may be extended for additonal renewal periods to be determined by both Managers. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. 7. HOLD HAMRLESS. A. Town shall defend, hold harmless and indemnify City, its officers, agents, and/ or employees from any and all claims for injuries to persons and/ or damage to property which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of Town, its officers, agents and/ or employees. In addition, Town shall defend, hold harmless and indemnify City, its officers, agents, and/or employees from any and all claims for injuries to persons and/ or damage to property caused by or alleged to be caused by Town, its officers, agents and/or employees and which occurred prior to the effective date of this Agreement. B. City shall defend, hold harmless and indemnify Town, its officers, agents and/ or employees from any and all claims for injuries to persons and/ or damage to 2 property, which arise out of the terms and conditions of this Agreement and which result from the negligent acts or omissions of City, its officers, agents, and/ or employees. C. In the event of the concurrent negligence of Town, its officers, agents and/or employees, and City, its officers, agents and/ or employees, then the Liability for any and all claims for injuries or damages which arise out of the terms and conditions of this Agreement shall be apportioned under California's Theory of Comparative negligence as presently established or may be hereafter modified. 8. INSURANCE. Both parties shall maintain sufficient insurance, self-insurance or a combination thereof to comply with the following requirements, and, if requested, each party shall furnish the other party with certificates of insurance evidencing the required coverage. Thirty (30) days' notice must be given, in writing, to City of any pending change in the limits of liability or of any cancellation or modification of the policy. A. Worker's Compensation and Employer's Liability Insurance. Both parties shall have in effect during the entire life of this Agreement Worker's Compensation and Employer's Liability Insurance, or an acceptable program of self-insurance providing full statutory coverage. In signing this Agreement, both parties certify that they are aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake e self-insurance in accordance with the provisions of the Code, and parties will comply with such provisions before commencing the performance of the work of this Agreement. B. Liability Insurance. Town and City shall secure and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance for services covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from Town's and City's operations under this Agreement, whether such operations be by himself / herself or by any sub -contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified on the following page. 9. INDEMNIFICATION. Town shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees 3 and volunteers, from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not Limited to attorney's fees, expert fees and all other costs and fees of litigation arising out of City Chiefs performance of the services under this Agreement. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 9. NOTICES. All notices and other corrununications required or permitted to be given under this Agreement shall be in writing and given by personal delivery to the Town Manager or the City Manager. 10. INDEPENDENT CONTRACTOR. For the purposes, and for the duration, of this Agreement, City Police Chief shall act in the capacity of an Independent Contractor for Town, and not as an employee of Town. 11. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter of this Agreement. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Town Manager and the City Manager. 4 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. TOWN OF TIBURON CITY OF BELVEDERE GREG CHANIS, Town Manager MARY NEILAN, City Manager A l PEST: DIANE IACOPI, Town Clerk ALISON FOULIS, City Clerk APPROVED AS TO FORM: ROBERT F. EPSTEIN, Belvedere City Attorney BENJAMIN L. STOCK, Tiburon Town Attorney 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 1, 2016 Agenda Item: r STAFF REPORT To: From: Mayor and Members of the Town Council Community Development Department Subject: Amend Title IV, Chapter 13E (Water Efficient Landscape) of the Tiburon Municipal Code to Incorporate and Adopt by Reference Provisions of the Current Marin Municipal Water District Ordinance Regarding Water Efficient Landscape; (Ordinance, Second Reading and Adoption) Reviewed By: BACKGROUND The Town Council held first reading of this ordinance at its meeting on May 4, 2016. There was no public comment. Pursuant to state law, when adopting another agency's regulations by reference, a second public hearing is required as well as a second reading prior to adoption. The item now comes to the Town Council for a second reading and adoption. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and consider any testimony. 2. Move to read by title only and pass the motion. 3. Mayor reads by title only and calls for a roll call vote. EXHIBITS 1. Draft Ordinance Prepared by: Kyra O'Malley, Associate Planner ORDINANCE NO. 565 N.S. DRAFT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING TITLE IV, CHAPTER 13E (WATER EFFICIENT LANDSCAPE) OF THE MUNICIPAL CODE AND ADOPTING BY REFERENCE MARIN MUNICIPAL WATER DISTRICT (MMWD) ORDINANCE NO. 430 REGARDING WATER CONSERVATION The Town Council of the Town of Tiburon does hereby ordain as follows: Section 1. Findings. A. The Town Council has held public hearings on May 4, 2016 and June 1, 2016 and has heard and considered any public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare, and are necessary to comply with state law. D. The Town Council has found that the amendment actions made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. E. The Town Council finds that this project is categorically exempt from the requirements of the California Environmental Quality Act per Section 15308 of the CEQA Guidelines because these regulations constitute an action by a regulatory agency to assure the maintenance, restoration, enhancement, or protection of the environment where the regulatory process involves procedures for protection of the environment. The Town Council further finds that this project qualifies for an exemption under the General Rule section 15061(b)(3) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Section 2. Amendment. Title IV, Chapter 13E of the Tiburon Municipal Code is amended as follows: A. Section 13E-1 is amended to read as follows: Town of Tiburon Ordinance No. 565 N.S. DRAFT Effective —/--/20.1 6 1 -`TDTTNO. 1 Section 13E-1. Purpose and Authority. As mandated under State Government Code Section 65595(c), certain new construction, remodel, and rehabilitation projects that include landscape and irrigation improvements are required to comply with water -efficient landscape requirements and monitoring of water usage for irrigation. The purpose of this chapter is to comply with this state mandate regarding water -efficient landscaping. For the purpose of administering this State mandate, the Town of Tiburon will herein adopt by reference the most current Marin Municipal Water District (MMWD) Ordinance No. 430 (Water Conservation), and any amendments or successors thereto, and designate MMWD, the local water provider, to implement, enforce, and monitor its requirements. The MMWD ordinance contains provisions that include but are not limited to, the following: (1) The application and monitoring of a "maximum applied water allowance" that is established for applicable projects. (2) The review of required landscape and irrigation plans, specifications and supportive documents prepared for applicable projects for compliance with water -efficient landscape restrictions, including limitations on the type and amount of landscape materials and plant species. (3) The review, inspection and approval of landscape and irrigation that is installed for applicable projects to ensure compliance with the approved landscape and irrigation plans and specifications. (4) The post -installation monitoring of water usage for irrigation by applicable projects. B. Section 13E-2 is amended to read as follows: Section 13E-2. Adoption by Reference of Marin Municipal Water District Water Efficient Landscape Regulations. (a) Pursuant to Government Code Section 50022.2, Marin Municipal Water District Ordinance No. 430, including amendments and successors thereto, is hereby adopted by reference and shall be in full force and effect within the Town of Tiburon. Said Ordinance, and amendments and successors thereto shall be applicable to projects that are subject to the water efficient landscape requirements set forth therein, which projects include, without limitation: Town of Tiburon Ordinance No. 565 N.S. DRAFT Effective --/--/2016 2 (1) New construction projects with an aggregate landscape area equal to or greater than 500 square feet requiring a building or landscape permit, plan check or design review; and (2) Rehabilitated landscape projects with an aggregate landscape area equal to or greater than 1,000 square feet requiring a building or landscape permit, plan check or design review; and (3) Any project with an aggregate landscape area of less than 1,000 square feet requiring a building or landscape permit, plan check, or design review shall comply with the performance requirements of the ordinance or conform to the prescriptive measures contained therein. (b) For the purpose of administering these regulations, the Town of Tiburon hereby designates MMWD, the local water provider, to implement, enforce, and monitor the requirements therein. (c) Town review of applicable projects shall be processed as follows: (1) Projects requiring approval of a Site Plan and Architectural Review (a.k.a. Design Review) permit. When an applicable project is subject to Site Plan & Architectural Review approval pursuant to Title IV, Chapter 16 of the Tiburon Municipal Code, the landscape and irrigation plans required by and submitted with this permit application shall be designed and prepared to comply with the provisions and requirements of the applicable MMWD regulations adopted by reference herein. The process for application review of applicable projects and compliance with applicable MMWD regulations shall be as follows: a. The application and plans submitted to the Town shall be designed in accordance with the most current MMWD Ordinance provisions regarding water efficient landscape; b. The permit approval shall include a condition or conditions that include the following: 1. The final landscape and irrigation plans must comply with the current water efficient landscape requirements of MMWD. 2. The construction plans submitted to the Town for the issuance of a building permit/grading permit must be pre -approved by MMWD with the submitted plans stamped as approved by MMWD. Town of Tiburon Ordinance No. 565 N.S. DRAFT Effective --/--/2016 3 3. The building permit application must be accompanied by a letter from MMWD approving the landscape and irrigation plans. 4. If the MMWD-approved plans substantially differ from the Town -approved plans, these differences may require additional review through the Town's design review permit process and/or a revision to the Town's permit. 5. The applicant is responsible for contacting MMWD for all inspections, approval and sign -off on landscape and irrigation installation. Upon approval, MMWD shall issue a Certificate of Completion, which must be submitted to the Planning Division before building permit final sign -off or a Certificate of Occupancy is issued by the Tiburon Community Development Department. 2) Projects requiring a Building Permit and/or Grading Permit only. When an applicable project is not subject to a Site Plan and Architectural Review permit but is required to secure a Building Permit and/or Grading Permit pursuant to Title IV, Chapter 13 of the Tiburon Municipal Code, such perrnit(s) shall not be issued until the applicant has secured, in writing, MMWD approval of the landscape and irrigation plans confirming compliance with the most current MMWD Ordinance provisions regarding water efficient landscape. (d) Inspections and Post -Installation Monitoring and Enforcement. MMWD shall be responsible for: (1) Inspecting and approving all landscape and irrigation installed for applicable projects prior to project permit final and/or occupancy; and (2) Monitoring water usage for installed landscapes to ensure compliance with the most current MMWD Ordinance provisions regarding water efficient landscape. All enforcement actions for ordinance non- compliance or violations shall be administered by MMWD. C. Section 13E-3 is amended to read as follows: 13E-3. Designation of Marin Municipal Water District for Enforcement. The Marin Municipal Water District, as the Town's local water provider, is hereby designated as the implementing and enforcement agency for provisions of Ordinance No. 430 and any amendments or successors thereto. Town of Tiburon Ordinance No. 565 N.S. DRAFT Effective --/--/20I 6 4 D. Section 13E-4 is amended to read as follows: 13E-4. Availability of Copies. Three (3) copies of Marin Municipal Water District Ordinance No. 430, and any amendments or successors thereto, shall be kept on file for public review in the office of the Tiburon Town Clerk. Section 3. Severability. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of this Ordinance as a whole, or any part thereof except that part or provision so declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance is to take effect and be in force at the expiration of thirty (30) days from and after its passage, and before the expiration of fifteen (15) days after its passage, the same, or its legally required equivalent, shall be published with the names of the members voting for and against the same at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was first read and introduced at a regular meeting of the Town Council of the Town of Tiburon on May 4, 2016, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on June 1, 2016, which was noticed pursuant to Government Code Sections 6066 and 50022.3, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ERIN TOLLINI, MAYOR TOWN OF TIBURON ATTEST: Town of Tiburon Ordinance No. 565 N.S. DRAFT Effective --/--/2016 5 DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No, 565 N.S. DRAFT Effective --/--/2016 6