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Home My WebLink AboutTC Agd Pkt 2006-06-07 TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 June 7, 2006 6:45 P.M. - Closed Session 7:30 P.M. - Regular Meeting 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 arra"ngements to ensure accessibility to this meeting. AVAilABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.cLtiburon.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. Agenda - Town Council Meeting June 7, 2006 Page 2 of 4 AGENDA CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Siciliano v. Town of Tiburon In re: Del Mar Valley CALL TO ORDER AND ROLL CALL Council member Berger, Councilmember Fredericks, Council member Slavitz, Vice Mayor Gram, Mayor Smith ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please limit your comments to no more than three (3) minutes. INTRODUCTION . New Police Sergeant - Shane Ford PRESENTATION . Tiburon Peninsula Chamber of Commerce Cable TV promotional piece CONSENT CALENDAR 1. Approval of Town Council Minutes - May 8, 2006 2. Approval of Town Council Minutes - May 17, 2006 3. Recommendation by Interim Director of Administrative Services - Accept April 2006 Town Investment Summary 4. Recommendation by Interim Town Manager - Add Belvedere-Tiburon Library Agency as additional Insured under Town's Liability and Property Insurance Policy 5. Recommendation by Interim Town Manager - Protect Local Authority in Telecommunications Services Agenda - Town Council Meeting June 7, 2006 Page 3 of 4 a) A Resolution of the Town Council of the Town of Tiburon In Support of Protecting' Telecommunications Services and Vital Town Interests 6. Recommendation by Interim Town Manager - Authorize Budget Amendment to make Payments pursuant to Settlement Agreement between Town of Tiburon and Reed Union School District 7. Recommendation by Director of Public WorkslTown Engineer - Fountain Plaza Art Installation a) Request for Contract Amendment (Reed/Madden Designs) b) Authorize Budget Amendment 8. Recommendation by Director of Community Development - Approve Agreement between Town of Tiburon and Tiburon Peninsula Club for Granting of Pedestrian Access Easement Property Address: Assessor Parcel No. 1600 Mar West Street 58-171-17; 76 & 84 PUBLIC HEARING 9. Presentation by Interim Director of Administrative Services - Introduction of FY 2006-07 Municipal Budget and Capital Improvement Program 10. Recommendation by Interim Town Manager - Mill Valley Refuse Franchise Agreement Amendment and Rate Increase 11. Report by Building Official - Appeal of Fines for Expired Building Permit and Reactivation Fees Appellant: Abraham Valentino Project Address: 121 Sugarloaf Drive AP No.: 58-313-03 (Continued without hearing until July 5, 2006) COUNCIL AND COMMITTEE REPORTS WRITTEN COMMUNICATIONS . Town Council Weekly Digest - May 19, 2006 . Town Council Weekly Digest - May 26,2006 . Town Council Weekly Digest - June 2, 2006 ADJOURNMENT - to next regular meeting scheduled for June 21, 2006 Agenda - Town Council Meeting June 7, 2006 Page 4 of 4 FUTURE AGENDA ITEMS . Award of Contract for Street Rehabilitation Project - (June 21) . Cypress Hollow LLD Annual Assessment - (June 21) . Presentation by Sanitary District NO.5 for Proposed Sewer Line Extension and Easement on Tiburon Ridge - (June 21) . Abandon Drainage Easement on Town Property - 6 Mateo Drive . Response to Grand Jury Report Re: Agendizing Responses - (July 19) .-;---. ) :Lie-At bo. I TOWN COUNCIL MINUTES CALL TO ORDER Mayor Smith called the spec~taeting of the Tiburon Town Council to order at 7:00 p.m. on W edneSd~Y..., May 8, 2006, in own Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. \, ...."~-. ,..,.".,..... .,.... ROLLCALL PRESENT: COUNCILMEMBERS: Fredericks, Gram, Slavitz, Smith ABSENT: COUNCILMEMBERS: Berger PRESENT: EX OFFICIO: Interim Town Manager Bigall, Director of Community Development Anderson, Interim Director of Public Works/Town Engineer Bernardi, Town Attorney Danforth, Town Clerk Crane Iacopi, Chief of Police Odetto, Director of Public Works/Town Engineer Nguyen, Interim Director of Administrative Services Stott, Project Manager Bassett, Meeting Recorder Williams ORAL COMMUNICATIONS None. PUBLIC HEARING 1. Recommendation by Director of Public Works/Town Engineer - Formation of Del Mar Valley Undergrounding Supplemental Assessment District Mayor Smith read the following statement: Before I open the hearing, are there any of you who have Assessment Ballots that you wish to present. If you do, please give them to the Clerk now. If you do not want to give your ballot now, you can wait until the end of the hearing and I will remind you at that time. The public hearing is now open and we will proceed as follows: First. There will be a summary of the project and the proposed financing by staff and the consultants. Town Council Minutes # 09-2006 May 8, 2006 Page 1 Second. I will then accept question and comments from the public. In asking questions and stating your views, please come forward to the speaker's podium, announce your name and address and identify the property you own or represent in the proposed assessment district. Third. When there is no further public comment, I will again ask for any remaining Assessment Ballots and then close the public hearing. No ballots may be submitted after the hearing is formally closed. After that, we will take a brief break to allow the Clerk time to open and tabulate the Assessment Ballots. When that is done, we will announce the results. Fourth. Based on the results of the balloting, the Council will discuss the matter and determine how to proceed. If the Council decides to proceed, we will consider and adopt the Resolution of the Town Council of the Town of Tiburon Adopting Engineer's Report, Confirming the Assessment, Ordering the Improvements and Directing Related Actions. a) Project Summary Interim Director of Public Works Dave Bernardi said that this was the culmination of a series of meetings that had been held for the formation of the district, including a property owner's advisory meeting earlier in the evening. He said that tonight was the final public hearing that would determine whether the district would be formed or not, based upon the vote. Mr. Bernardi said that if 50% of the ballots were in favor, the Council could take action to move forward; if it fell short, the process would stop here. District Engineer Joan, Cox, Harris & Associates noted that the boundaries of the supplemental district were the same as the original Del Mar Valley Assessment District. She said that the total proposed assessment is $3,173,222, which represents a reduction (from the previous engineer's report) of$6,778. Ms. Cox said that the property located at 1 Tanfield Road, which was not included in the assessment district, had been allocated special benefit from the proposed undergrounding. She said that this property takes its utility services and its main access from Tanfield Road, which is not part of the undergrounding project. Because this property has a secondary access point on Hacienda Drive, according to Cox, it had been deemed to receive half the benefit from aesthetics and half the benefit from safety. The District Engineer said that based on this criterion, its assessment allocation for the supplemental district is ($6,778); this would result in a reduced assessment for the properties in the Hacienda Drive area of approximately $200 dollars, and the Noche Vista properties' assessment would be reduced by between $55 and $100, due to their lesser benefit allocation. Town Council Minutes # 09-2006 May 8, 2006 Page 2 Councilmember Slavitz asked whether 1 Tanfield would also be assessed for the original district. Ms. Cox said that it was too late to assess the original district; its benefit was being allocated, however, and that amount of benefit had been reduced from the Hacienda Drive properties. With this change, District Engineer Cox said that she believed that the proposed assessments were in proportion for the properties within the assessment district. b) Public Hearing A member of the public asked if the outcome of the election was based on 50% of the parcels voting, or 50% of the vote. District Engineer Cox explained that the ballots were weighted in proportion to the assessment amount shown on the ballot. She clarified that the vote represented the amount of the assessment rather than the assessed [property] value. Additionally, she said that only ballots that had been received would be counted. Kevin MostYn, reading from a statement he presented to the Council, expressed concern about his ballot envelope being transparent and the contents visible. In addition, he said that he had observed June Strunk recording numbers off of the ballot envelopes at Town Hall. He said that Town staff had provided the envelopes to Ms. Strunk at the front counter and then left her alone with them "for a minute or so." He also described a scene wherein a staff member was confused about whether or not Ms. Strunk could take a replacement ballot away. He asked that the ballot envelopes be declared tainted; that the election be cancelled, and that a new set of ballots be issued for the election. Councilmember Slavitz asked Staff whether there was a problem with looking at the ballot envelopes. Town Attorney Danforth replied that the only issue raised by Mr. MostYn that might be a problem was wh~ther the ballots were left unattended by reception desk personnel. The Town Attorney said that generally speaking, there was not a problem in looking at the exterior of the envelope because it was a public record and could not be reasonably withheld. Councilmember Slavitz said that he understood the voting record was public and that if someone wanted to check to see how a person actually voted, they could do so. The Town Attorney confirmed this statement. Vice Mayor Gram asked Mr. MostYn whether he had followed up with the Town Clerk to see if he [too] could record the numbers on the ballot envelopes. Mr. MostYn replied that he had not. District proponent June Strunk asked to reply. She explained that she or [district proponent] Hank Broderick came to Town Hall to look at the ballot envelopes every day in order to keep track of whether their supporters had voted or not. Ms. Strunk said that it never occurred to her to look at the envelopes more closely. She also explained about picking up a replacement ballot for Mrs. Petri, who had requested one but could not drive to Town Hall to pick it up. Town Council Minutes # 09-2006 May 8, 2006 Page 3 A resident of Geldert Drive said that she had held her own envelope up to the light to make sure that she had signed the ballot. She said that the ballot was visible through the envelope. Marvin Breen, stating that he had voted in favor of every school bond and tax measure within the Town and was "not a malcontent," said that he felt the vote was tainted. He urged the Council to take an envelope, press it down, and see how someone voted. He said that because of this, "these people" would have had an opportunity to see how someone voted and would also have had an opportunity to speak with someone who had voted against the district and urge them to cast another vote. Mayor Smith asked Mr. Breen how seeing someone else's ballot envelope would affect him. Mr. Breen responded that he could imagine a proponent or opponent calling the property owner and pressuring them to change their vote. Councilmember Slavitz asked Mr. Breen ifhe'd spoken to anyone in the district who had been pressured to change his or her vote. Mr. Breen replied that he had not, although he said that he had not spoken to anyone other than his neighbors. Councilmember Slavitz said that a wider audience was present tonight and could speak to this issue. Councilmember Fredericks asked Staff if records were kept of people asking to change their ballots. Town Clerk Crane Iacopi first explained the assessment ballot process and how it differed from a regular election, wherein ballots were never viewed by the public. The Town Clerk then said that replacement ballots were requested for a variety of reasons, by residents claiming to have never received them, or having lost them, or just wanting another bal~ot. She said that they were either mailed out to the requesting party or picked up at Town Hall by the person requesting it, a spouse, or in this case, one of the proponents. Ms. Crane Iacopi said that the number on the upper left-hand corner of the envelope corresponded to an assessment [parcel] number in the engineer's report, and that this number was used by the proponents to determine whether a ballot for a property had been received. She also said that it was a way for her to determine whether a ballot had been received when a property owner made an inquiry; she showed an example of someone in the audience who had asked whether is ballot had been received and she found the corresponding number on the envelope. The Town Clerk said that she did not keep a list of everyone who had requested a replacement ballot for reasons other than withdrawing their ballot in order to change their vote, because she did not always know the reason for the request. She noted that someone had come in to Town Hall that day to change their vote and she had given their original ballot back to them. Sue Morris, 38-year resident of Del Mar, said that she was appalled by the challenge on June Strunk's and Hank Broderick's integrity and that it was not proper to impune them. Town Council Minutes # 09-2006 May 8, 2006 Page 4 Ms. Morris said that she herself had run for office and stated that everyone in the country had the same right to work toward ensuring that something passed in an election. She said that it was proper and legal to see who had voted in this election. Paula Kulp, 31-year resident of Del Mar, said that she had no idea that she could look at the sealed envelopes at Town Hall prior to the vote count. She said that she "grew up" with the notion that ballots were kept secret; she questioned whether the project was handled legally and ethically from the beginning. Ms. Kulp also said that a neighborhood was comprised of more than just "wires and poles." Ken Barber agreed that there had been a "heavy lobby" both for and against the project. He urged the audience not to waste time and money on more lawsuits. He said that that all residents had had ample time and opportunity to vote and urged the Council to move forward with the undergrounding. Betsy Wright said that undergrounding was a critical factor in her family's recent decision to purchase a home in Del Mar area. Mrs. Wright also noted that her family paid more money, "north of $2 million," because they thought the lines were coming down. Doris Eberts, stating that she was one of the original homeowners in Del Mar area, said that the neighborhood needed a "facelift" and asked people to support the project. She said that living in the neighborhood "comes with a price," but noted that the proposed assessments were only one or two percent of the value of the homes. She urged everyone to "put something back into the neighborhood. " Jean Bonander handed out a copy of Govemment Code Section 53753 which states that the contents of assessment ballots shall be concealed after they are sealed, and that the public agency can provide envelopes in which to return them. Bonander said that nothing in the section talked about handling the envelopes, or whether or not markings were allowed, in Proposition 218 elections. Ms. Bonander suggested that in this case, the contents of the ballots might not have been concealed before the ballots were opened; she said that while she "absolutely assumed that nothing happened outside of the realm of propriety," she was concerned that a reasonable doubt had been created about securing the vote. She asked the Council to continue the public hearing, under Section 53753. Ms. Bonander said that it had never dawned on her that the envelopes would be provided to opponents or proponents, stating that they did not become a public record until after the ballots were counted. She suggested that if people had questions about the vote, they could ask to view their own ballot and envelope after the votes were counted. Ms. Bonander noted that the costs of under grounding were very high, in her case $50,000 if she paid immediately and $150,000 if she paid over time. She said that each family had to weigh the Town Council Minutes # 09-2006 May 8, 2006 Page 5 value of the benefit, and whether it was affordable out of their discretionary income. She said she had heard that in some cases it might make the difference of whether someone could afford to stay in their home. Finally, Ms. Bonander asked for clarification on the deduction coming out of the contingency for the perceived value at 1 Tanfield Road and asked if the property owner would pay for that. Interim Town Manager Bigall replied that the Town had requested and would require District Engineers Harris & Associates to repay the contingency fund the exact amount of the assessment. Ms. Bonander asked if the Town Manager thought that any other properties might qualify for such a deduction. Ms. Bigall replied that she did not. Mayor Smith asked the Town Clerk to bring a random ballot envelope to examine to see if the ballot contents were visible. Town Clerk Crane Iacopi delivered the box of ballots to the dais. After examining an envelope, Vice Mayor Gram said, "I can't tell how that person voted." Mayor Smith concurred, as did Councilmember Fredericks. The Town Councilmembers examined different envelopes to see if the ballot contents were visible and concluded that they were not. Councilmember Slavitz asked the Town Clerk if the voting records would be posted on the Town website. Town Clerk Crane Iacopi said that the day after the vote, a print-out of who voted and how was available to any memJJer of the public, upon request. Del Mar Valley Homeowner's Association President Jim Taggart said that he was for undergrounding because it would improve the neighborhood; that it would protect his investment in his home and increase its value; that it would make everyone "richer" whether they voted for it or not. Mr. Taggart said that he was a working resident nearing retirement age but that he liked the neighborhood and would like to see it improved. He said that he was disappointed in the tenor of the evening and said that he hoped people could have a longer view and put their animosity behind them. He said that the opportunity to put the utilities underground would not come again. Roger Smith gave the following example of how the numbers on the ballot envelopes were used. He said that when June Strunk had looked at the ballot envelopes and realized that his vote was not in, she told a neighbor who came and told his wife. Mr. Smith said that he then went to recast his ballot at Town Hall. Brian Strunk thanked his wife June, and Hank Broderick, for all their hard work in organizing the undergrounding effort. He said that change was difficult but that he hoped this process might lead to even more proactive changes. Town Council Minutes # 09-2006 May 8, 2006 Page 6 Mr. Strunk said that while it was easy to criticize the process, there would never be a plan that everyone thought was "fair." He said that costs had doubled since the Stewart Drive project but that the increase over time was proportionate to the rising value of the homes in the area. Mr. Strunk said that Del Mar would be a "second-class neighborhood" without undergrounding and urged those who planned to vote no to consider changing their vote. Another resident asked if the discussed property enhancement as a result of undergrounding meant that the property would be re-assessed by the tax collector. Mayor Smith said that a property would be reassessed only if it were sold. Town Attorney Danforth added, "or in the case of a serious remodel." Priscilla Tripp said that she was concerned about the integrity of the process; she said that the government code section referred to by Ms. Bonander required the envelopes to be in a form that concealed their contents. She said that state officials would be concerned about this, as well. Mayor Smith asked where the envelopes came from; District Engineer Cox said that they were printed by Harris & Associates, along with the ballots. Mayor Smith asked if they were the same ones used [by Harris] throughout the state. Ms. Cox answered affirmatively. Councilmember Slavitz asked whether the Town Attorney saw any improprieties. Town Attorney Danforth said that some people had testified tonight that they were able to see the contents of the ballots, either by holding the envelope up to light or by making large, repeated x's. However, she noted that the Council had examined some of the ballot envelopes and had not been able to see the ballot results inside; she said that in the majority of cases, the contents could not be seen and even if there were an exception, she thought that the process would pass muster. Ms. Danforth also noted that the ballots would be available for public inspection, once opened, and that any resident who wanted to inspect their ballot for discrepancies could do so. Mayor Smith asked if the ballot envelope met statutory qualifications. Bond Counsel Scott Ferguson, Jones Hall, said that the ballot envelope and the procedures that he had discussed with the Town Clerk were reasonable under Government Code Section 53753. He said that Proposition 218 landowner elections were based on the assumption that people were not committing fraud; otherwise the procedures would be different. Frank Mulberg said that he had a problem with the handling of the ballots. He reiterated that the government code said that the ballots must be concealed; he asked bond counsel to explain why there should be any identifying mark on the envelope. Town Council Minutes # 09-2006 May 8, 2006 Page 7 Mr. Mulberg said that the problem was not whether the ballots were supervised or not. He claimed that they were not public documents until they were opened and tabulated; he said that only at that time could a member of the public look at the ballots. He said that the integrity of the process had been tampered with even though no direct allegations had been made [of ballot tampering] . In this case, Mr. Mulberg said that a ballot had not been concealed because it was in a translucent envelope. He noted that the information sheet attached to the ballots said that the voter was required to use the envelope supplied by the town or their vote would not be counted. Mr. Mulberg said that the Council should cancel the election and put forth another ballot. William Cox, 38-year resident, said that the ballot question was "ridiculous" and was an attempt to delay the process. He said that he had worked for the undergrounding and urged that the ballots be counted tonight in order to determine if the district should proceed. Hawthorne Terrace resident Kathleen Bailey also spoke in favor of formation of the district. She said that the ballot handling issue was a "red herring;" that this was a grass roots effort and unlike a presidential or gubenatorial election, the votes were published. She said that anyone could check to see if their vote was correctly reflected after the fact. Ms. Bailey said that undergrounding was different from remodeling, for instance, in that it required a group effort. She said that she had studied construction cost data since 1980 and that costs had not declined over time. She said that undergrounding would compliment the beauty of the area and she urged a vote in favor of the district in order to take the poles and wires down. c) Request final submittal of ballots to the Town Clerk Mayor Smith requested that anyone who would like to submit or change a ballot should do so at this time. Several residents submitted ballots or requested replacement ballots and submitted them to the Town Clerk. Thereafter, Mayor Smith closed the public hearing. ADJOURNMENT - TO CLOSED SESSION DURING BALLOT COUNT RECESS CALL TO ORDER FOLLOWING CLOSED SESSION Mayor Smith resumed the hearing on the Del Mar Valley Undergrounding Supplemental Assessment District. d) Town Clerk Crane Iacopi made the announcement of the results of ballot election. She stated that that 560/0 voted in favor of the Del Mar Valley Utility Undergrounding Supplemental Assessment District and 44% had voted against it. Town Council Minutes # 09-2006 May 8, 2006 Page 8 Mayor Smith congratulated the proponents and asked for consideration of the resolutions. i) A Resolution of the Town Council of the Town of Tiburon Ordering Changes and Modifications - Town ofTiburon, Del Mar Valley Utility Undergrounding Supplemental Assessment District ii) To adopt Resolution Ordering Changes and Modifications Slavitz, seconded by Gram AYES: Unanimous A Resolution of the Town Council of the Town of Tiburon Adopting Engineer's Report, Confirming the Assessment, Ordering the Work and Acquisitions and Directing Actions with Respect thereto - Town of Tiburon, Del Mar Valley Utility Undergrounding Supplemental Assessment District MOTION: Moved: Vote: MOTION: Moved: Vote: To adopt Resolution Adopting Engineer's Report, etc., above Fredericks, seconded by Slavitz AYES: Unanimous Mayor Smith commented that it had been "a long haul;" that some people were happy and some were not. He said that he was glad to see that the undergrounding was getting done. Councilmember Slavitz thanked Staff for the extra amount of energy and effort it took to get to this point. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY Siciliano v. Town of Tiburon Mu Ib erg, Bonander v. Town of Tiburon Mayor Smith said that no action was taken on the items discussed. CONSENT CALENDAR 2. Approval of Town Council Minutes - April 5, 2006 3. Approval of Town Council Minutes - April 19, 2006 4. Recommendation by Interim Director of Administrative Services - Accept March 2006 Town Investment Summary 5. Recommendation by Director of Community Development - Approve Professional Services Agreement for Traffic Mitigation Fee Program 6. Recommendation by Chief of Police - Approve Professional Services Agreements with County of Marin Town Council Minutes # 09-2006 May 8,2006 Page 9 a) Dispatch Services b) RMS (Record-keeping) Services 7. Recommendation by Interim Town Manager - Add Belvedere-Tiburon Joint Recreation Department as Insured under Town's Liability Insurance Program 8. Recommendation by Belvedere-Tiburon Library Agency - Support of Proposition 81 - Library Bond MOTION: Moved: Vote: a) A Resolution of the Town Council of the Town of Tiburon in Support of Proposition 81, Library Construction Bond To adopt Consent Calendar Item Nos. 1,2, 3,4,6 & 7; Item No.5 continued. Slavitz, seconded by Fredericks AYES: Unanimous APPOINTMENTS TO BOARDS.. COMMISSIONS & COMMITTEES . Heritage & Arts Commission The Council noted that both applicants were well qualified and were also involved with the Landmark's Society. MOTION: Moved: Vote: To appoint Ida Mae Berg to the Heritage & Arts Commission. Slavitz, seconded by Gram AYES: Unanimous . Design Review Board MOTION: Moved: Vote: To appoint Cathy Frymier to the Design Review Board. Slavitz, seconded by Fredericks AYES: Unanimous ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 9:15 p.m., to the next regular meeting, scheduled for May 17, 2006. ATTEST: PAUL SMITH, MAYOR DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 09-2006 May 8, 2006 Page 10 7"1 / -If ~ No, L TOWN COUNCIL MINUTES CALL TO ORDER Mayor Smith Calledthere~- ar meeting of the Tiburon Town Council to order at 7:30 p.m. onwednesdaf' ay 17,200..6...., i. Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ,...."...~ ROLL CALL ~-""_..._"...-,'--" PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Interim Town Manager Bigall, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Odetto, Interim Director of Administrative Services Stott, Town Clerk Crane Iacopi Prior to the regular meeting, beginning at 6:00 p.m., the Council met in closed session to discuss the following: CLOSED SESSION CONFERENCE WITH LEAGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Siciliano v. Town ofTiburon Mulberg, Bonander v. Town ofTiburon ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY Mayor Smith said that no action had been taken on the matters discussed. Prior to the regular meeting, beginning at 7 :00 p.m., the Council conducted the following interviews: INTERVIEWS . 7:00 p.m. - William Tellini, 32 Norman Way . 7:10 p.m. - Donna Kline, 697 Hilary Drive . 7:20 p.m. - Lois Epstein, 19 Noche Vista Lane .,.# Town Council Minutes #10-2006 May 17,2006 Page 1 ORAL COMMUNICATIONS San Anselmo City Manager Debra Stutsman and Chief of Police Charles Manor presented the Town Council with a proclamation commending the Tiburon Police Department for its mutual aid during the floods of December 31, 2005 and thereafter. Chief Manor said that Chief Odetto had been one of the first to respond to their disaster and even provided Tiburon police personnel to relieve his staff, who were working around the clock. APPOINTMENTS TO BOARDS" COMMISSIONS & COMMITTEES . Library Agency Board - (One Vacancy) MOTION: Moved: Vote: To appoint Lois Epstein to the Library Board Fredericks, seconded by Berger AYES: Unanimous / Councilmember Fredericks said that she had worked with Ms. Epstein on the Library Foundation and that she would be a creative contributor to the Board. Mayor Smith asked that the other finalists also be commended for their talents and interest. CONSENT CALENDAR 1. Recommendation by Chief of Police - Resolution Commending Robert Rossi for his Service to the Town of Tiburon upon his Retirement 2. Recommendation by Director of Community Development - Resolution Commending Kris Krasnove for her Service to the Town of Tiburon 3. Recommendation by Interim Town Manager - Appoint Nick Nguyen to Replace Kris Krasnove as Town Representative to Marin Map lP A 4. Recommendation by Director of Community Development - Approve Professional Services Agreement for Traffic ryiitigation Fee Program - continuedfrom May 8, 2006 MOTION: Moved: Vote: To adopt Consent Calendar Item Nos.l through 4, above. Fredericks, seconded by Gra~ AYES: Unanimous Mayor Smith read the adopted resolution to Sgt. Rossi, who was present at the meeting. . Town Council Minutes #10-2006 May 17, 2006 Page 2 PRESENTATION 5. Report by Tiburon Police Department - Annual Report (Captain Dave Hutton) Captain Hutton presented a power point presentation that reviewed the department's statistics and accomplishments over the past year. ' The Council commended Captain Hutton, Chief Odetto and the members of the department for a job well done. Chief Odetto said that the idea of community policing was to make people feel that the police were approachable; he commended his staff for making his job easy. Mayor Smith said that he never received a complaint call about the department; said that he had noticed a lot more awareness of pedestrian safety in crosswalks, etc. due to the department's efforts. Councilmember Berger suggested that a police presence on Centro West might help curb speeding in that area, in addition to the presence on Tiburon Boulevard. COUNCIL AND COMMITTEE REPORTS Councilmember Fredericks reported on the last meeting of the Belvedere- Tiburon Joint Disaster Advisory Council. She said that the Chair still wanted a first aid station to be set up in Town; she said that the Council was planning a retreat to consider its goals and mission. Vice Mayor Gram said that the Comcast Franchise agreement had finally been signed. Councilmember Slavitz said that he had been reappointed by MCCMC to the LAFCO Board. Councilmember Fredericks requested a resolution concerning telecommunications legislation be considered at the next meeting. . WRITTEN COMMUNICATIONS Town Council Weekly Digest - April21, 2006 Town Council Weekly Digest - April 28, 2006 Town Council Weekly Digest - May 5, 2006 Town Council Weekly Digest - May 12,2006 Town Council Minutes #10-2006 May 17, 2006 Page 3 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 8:10 p.m., to the next regular meeting scheduled for June 7, 2006. PAUL SMITH, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #10-2006 May 17, 2006 Page 4 Town of Tiburon STAFF REPORT AGENDA ITEM ~ g". . / ~. . . TO: Mayor and Members of the Town Council FROM: Brian M. Stott, Interim Director of Administrative Services SUBJECT: Monthly Investment Summary - April 2006 MEETING DATE: June 7,2006 REVIEWED BY: Y\f TOWN OF TIBURON I nstitution/ Agency Investment Amount Interest Rate Matu rity State of California Local Agency $20,555.818.15 4.305% Liquid Investment Fund (LAIF) Total Invested: $20,555.818.15 TIBURON REDEVELOPMENT AGENCY Institution/Agency Investment Amount Interest Rate Maturity State of California Local Agency $956,778.44 4.305% Liquid , Investment Fund (LAIF) Total Invested: $956,778.44 Notes to Table Information: State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the month referenced above. The State of California generally distributes investment data reports in the third week following the month ended. Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. Town of Tiburon STAFF REPORT AGENDA ITEM --.!/.- SUBJECT: MAYOR AND MEMBERS OF THE TOWN COUNCIL HEIDI BIGALL, INTERIM TOWN MANAGER .JJ BELVEDERE/TIBURON LIBRARY AGENCY - NAMING AS ADDITIONAL INSURED UNDER TOWN'S LIABILITY INSURANCE TO: FROM: MEETING DATE: JUNE 7, 2006 REVIEWED BY: . . . . '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Since inception, the Belvedere/Tiburon Library Agency has obtained its liability insurance coverage under the City of Belvedere's plan. Currently, both the City of Belvedere and Town of Tiburon acquire liability insurance coverage through the ABAG Plan Corp. Effective July 1, 2006 the City of Belvedere will be changing liability insurance providers. Recently, the Belvedere/Tiburon Library Agency approached the Town to determine the possibility of maintaining liability insurance coverage through ABAG Plan via the Town of Tiburon's policy. To provide the Library Agency liability insurance under the Town's plan, the Town would need to name the Agency as an additional insured. The mechanism to effect this change would be a letter from the Town Manager to ABAG Plan. The cost to provide this insurance is approximately $8,800 per year. This entire cost will be borne by the Library Agency. The Town will not be responsible for any costs associated with a claim that may be filed against the Library Agency. Council will recall at its May 8, 2006 meeting you approved adding the Belvedere- Tiburon Joint Recreation Department under its liability insurance because of Belvedere's move to a new provider. Recommendation It is recommended that the Town Council authorize the Interim Town Manager to have the Belvedere Tiburon Library Agency named as an additional insured under the Town's liability insurance policy with the ABAG Plan Corp. Iktk j/o. - !:J ~ RESOLUTION NO. xx-2006 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN SUPPORT OF PROTECTING TELECOMMUNICATIONS SERVICES AND VITAL TOWN INTERESTS WHEREAS, technological advances in telecommunications services are outpacing the current state and federal regulatory framework for those services; and WHEREAS, the new telecommunications services will be vital to the businesses, households and the public safety of local communities; and WHEREAS, Congress and the California state legislature are beginning a serious debate on a new regulatory framework for telecommunications services in the 2006 legislative session; and WHEREAS, financial resources. that cities receive under the current regulatory framework for telecommunications services are vital to support local public services such as public safety and transportation; and WHEREAS, the taxpayers have a financial interest to protect in the public's right-of- way; and WHEREAS, fair, level playing- field competition among telecommunications providers is important to delivering telecommunications services at the best price for our citizens, the consumers; and WHEREAS, telecommunications industry services to a local community such as Public Education and Government (PEG) channels, INET services to local schools and E911 and 911 public safety services to local citizens are important services to maintain; now there fore be it NOW, THEREFORE, BE IT RESOLVED, that the Town of Tiburon this _ day of , 2006 does hereby adopt the following principles for Congress and the state legislature to consider in its debate over a new telecommunications regulatory framework: REVENUE PROTECTIONS . Protect the authority of local governments to collect revenues from telecommunications providers and ensure that any future changes are revenue neutral for local governments. . Regulatory fees and/or taxes should apply equitably to all telecommunications service providers. . A guarantee that all existing and any new fees/taxes remain with local governments to support local public services and mitigate impacts on local rights- of-way. . Oppose any state or federal legislation that would pre-empt or threaten local taxation authority RIGHTS-OF-WAY . To protect the public's investment, the control of public rights-of-way must remain local. . Local government must retain full control over the time, place and manner for the use of the public right-of-way in providing telecommunications services, including the appearance and aesthetics of equipment placed within it. ACCESS . All local community residents should be provided access to all available telecommunications services. . Telecommunications providers should be required to specify a reasonable time frame for deployment of telecommunications services that includes a clear plan for the sequencing of the build-out of these facilities within the entire franchise ,area. PUBLIC EDUCATION AND GOVERNMENT (PEG) SUPPORT . The resources required of new entrants should be used to meet PEG support requirements in a balanced manner in partnership with incumbent providers. . For cities currently without PEG support revenues, a minimum percentage of required support needs to be determined. INSTITUTIONAL OR FIBER NETWORK (lNET) . The authority for interested communities to establish INET services and support for educational and local government facilities should remain at the local level. PUBLIC SAFETY SERVICES . The authority for E-911 and 911 services should remain with local government, including any compensation for the use of the right-of-way. All E-911 and 911 calls made by voice over internet protocol shall be routed to local public safety answering points (PSAPs); i.e., local dispatch centers. . All video providers must provide local emergency notification service. CUSTOMER SERVICE PROTECTION . State consumer protection laws should continue to apply as a minimum standard and should be enforced at the local level. Local governments should retain the authority to assess penalties to improve customer service OTHER ISSUES . Existing telecommunications providers and new entrants shall adhere to local city policies on public utility undergrounding. BE IT FURTHER RESOLVED, that copies of this resolution be transmitted to the Congressional Representative and all state legislative representatives for the Town of Tiburon, as well as all appropriate local media outlets. PASSED AND ADOPTED this xxx day of June, 2006, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: PAUL SMITH, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 1 of 1 Diane Crane lacopi From: Heidi Bigall Sent: Monday, May 22,2006 10:56 AM To: Diane Crane lacopi Subject: FW: Telecom Resolution protecting local authority Attachments: Telecommunications Legislation Resolution.doc Diane, Here is the draft resolutions Alice wants considered. As you can see, she is awaiting comment from Tom Gram. At least we can have a place holder on the agenda. Heidi -----Original Message----- From: AFREDERICKS [mailto:alice@alicefredericks.net] Sent: Monday, May 22, 2006 10:35 AM To: Heidi Sigal! Cc: Scott Anderson Subject: Telecom Resolution protecting local authority Heidi The attached resolution is from the League of CA cities. According to the League lobbyist SB1627 is the most current problem. The bill is sponsored by one of the smaller wireless companies that is trying to get it antennas deployed before there is any change in legislation that gives the big guys an advantage. The bill is sponsored by Kehoe and makes antenna siting a building permit application with no planning review at all, not even for aesthetics. Kehoe is getting major flack from her constituents and from all over the state about it. The TCWP policy committee of the League on which I serve voted to oppose unless amended. The bill is now at the Assembly Local Government Committee on which Joe Nation sits. The bill is a small bullet compared to the nukes being considered at the state and federal level. In any case, I would like the Council to consider the attached broader resolution regarding local control of the right of way and its revenues. I sent it to Tom (no Brown Act problem, just 2 of us) to look at last week and I am sure he will weigh in on it. Alice 5/22/2006 Town of Tiburon STAFF REPORT AGENDA ITEM ~ ................ ............ .............. ...... TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: HEIDI BIGALL, INTERIM TOWN MANAGER +d-- SUBJECT: AUTHORIZE BUDGET AMENDMENT - TERMS OF SETTLEMENT AGREEMENT BETWEEN TOWN AND REED UNION SCHOOL DISTRICT - DEL MAR VALLEY UNDERGROUNDING ASSESSMENT DISTRICT MEETING DATE: JUNE 7, 2006 REVIEWED BY: ........................ ... .................. ...... The Del Mar School real property lies within the boundaries of the Del Mar Valley Supplemental Undergrounding Assessment District. The Town of Tiburon and Reed Union School District disagreed as to whether the District was required to pay any assessment levied against its property. The District contended that the Town was obligated to pay any assessment levied against the Del Mar School based on their legal counsel's interpretation of Sections 5301 and 5303 of the California Streets and Highway Code. Further, the District believed it was exempt from the assessment as they did not deem their property would receive any special benefit from the assessment district. The Town's bond counsel strongly disputed both of the District's contentions. In an attempt to avoid potential litigation, the Town of Tiburon and Reed Union School District believed their financial resources would best be served by negotiating and reaching a mutually acceptable settlement agreement. These negotiations resulted in the execution of the exhibit Settlement Agreement and Mutual Release of all Claims. One condition of the Agreement requires the District to'pay the first $30,000 of the supplemental assessment against the Del Mar School property and the Town paying the remainder. The deadline for cash pre-payment of assessments is June 12, 2006. The Town has received the District's portion of its $81,146.20 levy. To meet the terms of the Agreement, the Town must now remit payment of $51,146.20 to the Assessment District Fund. As the Town's currentbudget does not authorize this expenditure, Council must now authorize a budget amendment before the Town can make payment. If the Supplemental District does not proceed for any reason the Town would be refunded its share of the District's payment. Recommendation That the Town Council authorize a budget amendment in the amount of $51,146.20 from the general fund unallocated reserve as its portion of the agreed upon Reed Union School District assessment for the Del Mar Valley Undergrounding District. Exhibit Settlement Agreement ..... ... '... SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF ALL CLAIMS This Settlement Agreement and Release of All Claims (hereinafter "Agreement") is made and entered into on this . t-f'X day of ItJ A"2006 between the Town of Tiburon (hereinafter "Town") and the Reed Union Sch~strict (hereinafter "District") to formalize termination of their involvement with respect to all- issues raised or that could have been raised in connection with the District's obligation J:o . pay assessments imposed by the Town on District property within the Del Mar Supplemental Assessment District ("Proposed Supplemental District") RECITALS A. Since January 2003, the Town has pursued the formation of an assesSment district to fm~ce the undergrounding of overhead utilities in the Del Mar Valley area. In June 2003, the Town adopted a resolution of intention to form the Del Mar Valley Utility 'Undergrounding Assessment District '("Assessment . District"). The District owns real property within the boundaries of that assessment district. In May 2005, the Town passed an initial assessment. B. The District believes that under Sections 5301 al;ld 5303 of the California Streets and Highways Code, the Town is obliged to pay any assessments levied against the District-property. The District also contends that in the event it is determined that Sections 5301 and 5303 of the California Streets and Highways Code are abrogated by article xm D, S 4(a) of the California Constitution, that the District property,is exempt from the assessment because its property receives no special benefit from the assessment district. The Town disputes both contentions. - C. The Town is now considering creating a second, supplemental district ("Supplemental Assessment District") to impose additional assessments ("Supplemental Assessments") to cover projected funding shortfalls for the project. As reCited above, the parties disagree as to the District's obligations to pay any assessments. ~ D. On March 20, 2006, the Town adopted a resolution preliminarily approving the Engineer's Report for the Supplemental Assessment District and directing related actions, including setting the dates for balloting and mailing ballots. On March 24, 2006, ballots, a notice of assessment, description of the assessment method, and information concerning the hearing to be held May 8, 2006 were mailed to the property owners. The final total Supplemental Assessment attributable to the District is $86,000. May 8,2005 is the deadline for voting on the assessment. On that date, the Council will hold a public hearing, tabulate ballots and, if sufficient property owners approve, the Council will decide whether to form the Supplemental Assessment District. Page 1 of 5 E. The Town and the District would prefer to act pro actively to resolve the dispute between them . through negotiation prior to the fmal decisions regarding the formation of the Supplemental District. Accordingly, they have agreed to settle this controversy on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing, and for good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. SETTLEMENT TERMS A. In the event that the Town Council votes to form the Supplemental Assessment District, the District shall pay the Town one-half of the amount assessed against the District's property, up to a maximum of $30,000 (hereinafter "Payment) within ten days of said vote. The Town will assume the responsibility of paying any assessed amount in excess of $30,000. Said payment by the District shall not constitute an admission that the District is obliged to pay any assessments against District property. B. Inconsideration for the Payment by the District, the Town agrees to construct a pedestrian bridge at Reed School on TiburQn Boulevard. The bridge will cross.the creek that.runs between Tiburon Boulevard and the Reed campus at a location to be determined by Reed officials and the Town Engineer. The Town shall be responsible for all costs associated with the construction of the pedestrian bridge. C. Except as expressly provided herein, this Agreement will terminate and be of no further force and effect if either of the following events oc~ur: (1) the property owners in the proposed Supplemental Assessment District fail to vote to approve the Supplemental District as required by law; or (2) the Town Council fails to take the actions necessary to complete formation of the Supplemental Assessment District. 2. MUTUAL RELEASE In consideration for the timely performance of all the terms and conditions of the Agreement in the manner provided herein, the Parties hereby. release and forever discharge each other and their administrators, trustors, trustees, beneficiaries, predecessors, successors, assigns, affiliated and related entities, which are or may ever become liable to either of the Parties of and from any and all claims asserted in the Dispute or concerning the Dispute, known or unknown, fixed or contingent which either of the Parties may now have or may hereafter have against each other by any reason of any matter or cause arising out of the Dispute. Page 2 of 5 3. KNOWLEDGE OF CLAIMS The Parties warrant, represent, and agree that in executing this Agreement, they do so with full knowledge of any and all rights, which they may, or might, have with respect to the Dispute. 4. COMPROMISE The Parties understand and agree that this settlement is a. compromise of disputed claims, and that the consideration herein is not, in any manner, to be construed at any' time or for any purpose, as an admission of liability by the Parties hereby released, and . by each of whom liability is expressly denied and controverted. 5~ WAIVER Each of the Parties hereto acknowledges that there is a risk that subsequent to execution of this. Agreement, it may incur injury, loss,' damages, costs, attorney's fees, expenses, or any of these, which are in some way caused by, and/or connected with the persons, entities, and/or matters referred to in the released claims, or which are unknown, or unanticipated at the time this Agreement is signed, or which are not capable of being ascertained. Each of the Parties hereto further acknowledges that there is a risk that such ~ages as are known may become more serious. ~hat any party now expects or anticipates. Nevertheless, each' of the Parties hereto acknowledges that this Agreement has been negotiated and agreed upon in light of those realizations, and each of the Parties hereby expressly waives all rights each may have in such unsuspected claims with respect to the Dispute. In. doing so, each of the Parties hereto have had the benefit of legal counsel and, with knowledge and understanding, and as to the Dispute only, specifically WAIVE their rights under California Civil Code S 1542, which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which, . if krlown by him or her, must have materially affected his settlement with the debtor. .. '6. GOVERNING LAW: VENUE The Parties agree that the laws of the State of California will govern the interpretation of this Agreement. The County of Marin shall be the venue for any litigation that may arise from this Agreement 7. CONSULTATION WITH COUNSEL The Parties acknowledge that they have read this Agreement and each part thereof and fully understand the implications of the same, have had the opportunity to discuss Page 3 of5 this Agreement with counsel of their own choice, and have either sought such consultation or have affmnatively chosen not to obtain such consultation. 8. WARRANTY OF SIGNATURES Each of the signatories hereto warrants and represents he or she is competent and authorized to enter into this Agreement on behalf of the Party for whom he or she purports to sign and. has the authority by executing this Agreement to bind the Party to the terms and conditions contained herein. Each party agrees to defend, indemnify and save the other party harmless from any and all loss, claim, expense, demand or cause of Dispute of any kind or character, including reasonable attorney's fees and costs, by reason of the falsity or inaccuracy of any representation by the Party. 9. ATTORNEY'S FEES The Parties acknowledge and agree that each of them will bear their own costs, expenses and attorneys fees out of or connected with the Dispute, the negotiation, drafting and execution of this Agreement, and all matters arising out of or connected herewith. . 10. ENTIRE AGREEMENT The Parties acknowledge that this instrument I contains the entire agreement between the Parties hereto, and the terms hereof are contractual and not a mere recital. This Agreement prevails over prior communications regarding matters contained herein between or among the Parties and/or their representatives. This Agreement was drafted by the . Parties and their representatives and there shall not be a presumption or construction against any signatory hereto, each such signatory expressly waiving any such presumption. This Agreement is an integrated agreement and no representations, warranties or promises have been made or relie,d upon by any other signatory hereto other than as set forth. Modifications concerning this Agreement shall be in writing only and executed by both Parties 11. SEVERABILITY This Agreement is the product of negotiation and preparation of the Parties hereto, who expressly agree that the Agreement shall not be deemed prepared or drafted by on~ party or the other, and shall be construed accordingly. 12. COUNTERPARTS This Agreement may be executed in counterparts and so executed shall constitute an Agreement which snap be binding upon both Parties hereto. A photocopy of the fully executed Agreement shall have the same force and effect as the original. Page 4 of5 IN WITNESS WHEREOF, the Parties execute this Settlement Agreement and Mutual Release as of All Claims follows: I accept the terms and conditions ~et out above: Dated:~' 2006 REED UNION SCHOOL DISTRICT By: (Jmd2du~ Its: Superintendent Dated: )..1\ Ol t1 t , 2006 TOWN OF TmURON BY:~'~~ Its: In-t-eflr1j -rOW~ ~(J..t\.a~ APPROVED AS TO FORM: Dated: 5/8 - , 2006 By: ~A"? Ann R. Danforth, Esq. Town Attorney ---. Dated: t? -( S- , 2005 -- MILLER, BROWN & DANNIS B~~J Glenn N. Gould, Esq. Attorneys for Reed School District Page 5 of5 Town of Tiburon STAFF REPORT 1- AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Nicholas Nguyen, Director of Public WorkslTown Engineer SUBJECT: Fountain Plaza Art Installation - Request to Approve A Contract Amendment With Reed Madden Design and Authorize Budget Amendment MEETING DATE: June 7, 2006 *d-- REVIEWED BY: ............................................. DISCUSSION On February 2, 2005, the Town Council selected the Coming About fountain design by Reed Madden Designs (RMD) as the finalist for the downtown fountain plaza art project. At the time Coming About consisted of a 22-foot-diameter, 18-inch deep pool with seven stainless steel kinetic sail elements. On March, 1, 2006, the Council approved the concept plan for the downtown plaza prepared by Pedersen Associates (PA) and subsequently approved entering into an agreement with PA to provide construction drawings, estimates, and inspection services on March 15, 2006. On April 5, 2006, the CouncH approved a set of changes to the RMD scope of work which refined various design elements of the fountain. Staff now proposes a contract amendment that would expand RMD's limits of construction to include the construction of the outer perimeter concentric concrete ring, fabrication and installation of three feature benches that match the fountain benches, miscellaneous concrete work, and additional excavation, which are all consistent with and called out in the PA plaza design. This work would have to be performed by a contractor. In this case, RMD is uniquely qualified to perform this work to integrate the concrete work with the fountain installation and craft the benches to reflect their sculpture. The contract agreement with RMD requires that any material changes in the scope of work be submitted to the Town for approval. Construction within the original limits has already begun on the fountain. This proposed action would facilitate the completion of the entire project in a timely manner. The cost proposal (see Exhibit A) to perform this work is approximately $59,400 which includes a 10 percent contingency. There are sufficient funds in the General Fund - Unallocated Reserve to cover these costs. 6/2/2006 1 of 2 Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The completion of the remaining plaza work as designed by PA would then be completed by Town forces in an effort to deliver the entire project in time to dedicate the project in September, 2006 and reduce construction costs. If the remaining construction work is bid out, the selection of a contractor may take approximately 2.5 months giving little time to complete the remaining construction items to coincide with the planned dedication. However, the fountain would be in place by this time. Lastly, the construction costs would be kept in check by Town forces as special discounts by vendors are typically received and markups and profit would not be added. RECOMMENDATION Staff recommends the following: a~ The Town Council approves the contract amendment to accept the additional scope of work for RMD. b. The Town Council approves a budget amendment of $59,400 to accommodate the additional scope of work for RMD in FY 2005-06 EXHIBIT Exhibit A - RMD May 22,2006 Cost Estimate 2 of 2 Jeff Reed and Jennifer Madden Reed Madden Designs 1014 Curtis 81., Albany, CA 94706 510-384-0804 Date: May 22, 2006 Client: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Project: Tiburon Plaza Cost Estimate ITEM COST CUSTOM BENCHES Two nine-foot (9') sculptural benches with installation Custom art benches include stainless steel circumferences and posts, With custom colored concrete interiors to match "Coming About" benches Six 1/8" bands of stainless steel to demark "planks" on interior. Benches made of the highest-grade 316L stainless steel for marine environments. Delivered and Installed. ($7, 700/ea.) $15,400 One thirteen-foot six-inch (13'- 6") sculptural bench with installation To match sculptural benches as above. Delivered &Installed. $8..600 Total Benches: $24,000 CUSTOM CONCRETE AREAS: 7-foot wide custom concrete band of pavement around sculpture plus (901 sq.ft.) 5'-6" wide radial band in front of long bench/planter area (120 sq.ft.) Part One Demolition and Hauling of Brick and loose material from Utility work within 7'-wide radial area Sub-slab reconstruction within radial area: Part of tree removal areas and almost all ofPG&E's trenches are within this radial area and need a new 8" sub slab dowelled into (and matching) existing slab before any finished concrete work. $6,500 Part Two Custom ColoredIFinished Concrete Hand placed river-rock stones $23,500 Total Demo and Custom Concrete: $30.000 TOTAL: $54,000 \ 0 Cf} l> (/Dn-t .. 5'4- D 0 , .1:J5C\.400 Town of Tiburon STAFF REPORT AGENDA ITEM L SUBJECT: MAYOR AND MEMBERS OF THE TOWN COUNCIL SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT~ E~SEMENT AGREEMENT WITH TIBURON PENINSULA CLUB; 1600 MAR WEST STREET TO: FROM: MEETING DATE: JUNE 7, 2006 REVIEWED BY: R BACKGROUND In February 2005, the Town approved a conditional use permit authorizing the renovation and expansion of the Tiburon Peninsula Club (TPC). One condition of the approval required that the TPC grant a public access easement that would connect Teather Park to Judge Field, in essence restoring an informal pathway lost years before through overgrowth of vegetation near Railroad Marsh. Tiburon 2020 Downtown Element Program DT -s calls for the installation of this pathway. Staff has been working with the TPC to identify an optimum alignment for the pathway, but agrees with TPC representatives that granting of the easement itself should be deferred until such time as construction of the extensive TPC renovation project nears completion. An Easement Agreement has been prepared setting forth the general nature of the easement (width, approximate location, and timing of creation) without establishing a precise alignment at this stage of project construction when site conditions are in flux. Under the terms of the Agreement, the public. access easement would need to be granted prior to issuance of an Occupancy Permit for the new TPC Clubhouse. The Town Attorney has reviewed the draft Easement Agreement. RECOMMENDATION Staff recommends that the Town Council approve the Easement Agreement and authorize the Interim Town Manager to execute it. EXHIBITS 1. Draft Easement Agreement Recording Requested by: Town Clerk of the Town ofTiburon 1505 Tiburon Boulevard Tiburon, CA 94920 APN 058-171-17, 76, and 84 EASEMENT AGREEMENT This Agreement, made this day of , 2006, by and between the Southern Marin Recreation Center, Inc. d.b.a. Tiburon Peninsula Club, a California corporation (hereinafter referred to as "Grantor") and the Town ofTiburon, a municipal corporation (hereinafter referred to as "Grantee"). RECIT ALS 1. Grantor owns certain property (hereinafter "Subject Property"), commonly known as Judge Field, which separates a Town of Tiburon-owned public park (Teather Park) from Mar West Street, a publicly-maintained street. The "Subject Property") is designated as Marin County Assessor Parcel Nos. 58-171-17, 58-171-76, and 58-171-84, and is further described in the attached Exhibit A. Teather Park is designated as Marin County Assessor Parcel No. 58-171-73, and is more fully described in attached Exhibit B. 2. As a condition of approval on a zoning permit issued by Grantee to Grantor and contained within Planning Commission Resolution No. 2005-02, Grantor is required to offer a public access easement to the Town of Tiburon for purposes of a pedestrian trail across the Subject Property. 3. As a portion of the Subject Property is currently overgrown with dense vegetation and is topographically steep in places, and the improvements authorized by the Town of Tiburon in approving the aforementioned zoning permit have not yet been constructed, the precise location and alignment of the access easement is not known at this time, but will be known in the foreseeable future. The precise location and alignment of the easement shall be determined mutually by Grantor and Grantee. The roughly approximate location of the easement from Teather Park to Judge Field is illustrated on attached Exhibit C. Once reaching Judge Field in the vicinity of the tennis courts, as shown of Exhibit C, the alignment of the easement is not yet determined but must .be level, easily walkable and unobstructed to Mar West Street. NOW, THEREFORE, it is agreed as follows: TPC Easement Agreement ard rev 5-26-06.doc 1 EXHIBIT NO. I Grant of Easement and Timing of Grant 1. For valuable consideration as set forth in this Agreement, Grantor will grant a public access easement over the Subject Property to Grantee, using the deed form set forth in Exhibit D. Said easement shall be granted prior to issuance of a Certificate of Occupancy for the new Clubhouse. Character of Easement 2. The easement granted herein is in gross to the Grantee. Description and Use of Easement 3. The easement granted herein is for the purpose of allowing Grantee to construct, improve and maintain, the costs of which are to be borne by Grantee, a recreational path leading from the Grantee's public park (Teather Park), across to Judge Field, and then connecting to Mar West Street. Location 4. The easement granted herein shall be a minimum of six (6) feet and a maximum of ten (l0) feet in width, as mutually determined in the field prior to the grant, and shall be located over the Subject Property described in Exhibit A. Hold Harmless and Insurance 5. Grantee shall hold harmless, indemnify and defend Grantor from any claim, lawsuit or liability involving the exercise of this easement. Arbitration 6. Any controversy, dispute or claim arising out of or relating to this Agreement or breach thereof shall be first informally discussed by the Parties. If the dispute cannot be resolved through negotiation the parties agree to attempt to resolve the dispute by mediation administered by Judicial Arbitration and Mediation Service ("JAMS") or its successor. If the parties are unsuccessful at resolving the dispute through mediation, the Parties agree to binding arbitration by one neutral arbitrator from JAMS and administered by JAMS or its successor in Marin County and pursuant to all of its then applicable rules relating to emplOYment disputes. Judgment on the Award may be entered in Marin County Superior Court. The parties shall split the costs of arbitration equally and they shall be responsible for their own attorney fees. However, the arbitrator may award forum fees, costs and reasonable attorney fees to the prevailing party. TPC Easement Agreement ard rev 5-26-06.doc 2 Entire Agreement 7. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. Binding Effect 8. This instrument shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Governing Law 9. The laws of the State of California shall govern this Agreement. Exhibits 10. This Agreement includes the following exhibits, which are attached hereto and incorporated herein by reference: Exhibit A Exhibit B Exhibit C Exhibit D Legal Description of Subject Property Legal Description of Teather Park Aerial Photograph showing approximate location of easement Form of Grant of Easement Executed on , 2006, at Tiburon, Marin County, California. GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a.TIBURON PENINSULA CLUB By: Its: President of the Board of Directors GRANTEE: TOWN OF TIBURON APPROVED AS TO FORM: By: Heidi Bigall, Interim Town Manager By: Ann R. Danforth, Esq. Town Attorney, Town of Tiburon TPC Easement Agreement ard rev 5-26-06,doc 3 EXHIBIT A All that certain real property situate in the Town of Tiburon, County of Marin, described as follows: Beginning at the Northeasterly corner of the parcel of land described in the Deed to the San Francisco and San Rafael Railroad Company, recorded Sept~mber 7, 1892 in Book 21 of Deeds at Page 221, Marin County Records; thence running along the Northerly line of said parcel North 890 36' 40" West 943.51 feet to the intersection thereof with the Northeasterly line of the "Fifth Tract" of the Deed to the San Francisco and San Rafael Railroad Company recorded July 22, 1886 in Book 3 of Deeds at Page 487, Marin County Records; thence Northwesterly along said last mentioned line to the intersection thereof with the Southeasterly line of the parcel of land described in the Deed to County of Marin recorded January 2, 1966 in Book 2016 of Official Record at Page 133, Marin County Records; thence Northeasterly along -the Southeasterly line to the intersection thereof with the Southeasterly line of Mar West Street; thence along said line of Mar West Street Northeasterly, Easterly, Southeasterly. Southwesterly and Southerly to the Northeasterly line of the "Fifth Tract" of the aforementioned Deed to the San Francisco and San Rafael Railroad Company, recorded July 22, 1886 in Book 3 of Deed at Page 487, Marin County Records; thence along said Northerly line, Northwesterly 50 feet, more or less, to the Easterly line of the aforementioned Deed to The San Francisco and San Rafael Railroad, recorded September 7, 1892 in Book 21 of Deed at Page 221. Marin County Records; thence along said Easterly line, North 180 51' 40" West 117.46 feet. North 110 231 20" East 99.00 feet and North 370 38' 20" East, 124.74 feet to the point of beginning. Excepting therefrom that portion thereof described in the Deed to the Town of Tiburon, recorded January 8. 1985 as Instrument No. 85 00732, Marin County Records. TOGETHER WITH all that certain real property situate in the Town of Tiburon, County of Marin, described as follows: Beginning at a %" iron pipe survey monument located at the Northerly corner of Lot 1 0 as said lot and monument are shown on the hereinabove referenced map; said point of beginning also being the Northerly corner of a 7.835 acre parcel described in Book 21 of Deeds at Page 221, Marin County Records; thence from said point of beginnin~~ along the Northerly property line of said Lot 10, North 890 36' 40" West, 181.53 feet to a point; thence leaving said Northerly property line of Lot 10, South 460 29' 17" East, 145.26 feet to a point on the Easterly property line of said Lot 10; thence from said point along said Easterly property line, North 370 38' 20" East, 124.74 feet to the point of beginning. EXHIBIT B All that certain real property situate in the Town ofTiburon, County of Marin, described as follows: Lot 8, as shown on that certain map entitled "Point Tiburon", filed for record on February 16, 1984 in Volume 19 at Page 4 of Maps, in the official records of the County of Marin, California. EXHmIT ~ ,: ~ct~',,:.:.~~.~ < t t 1 , ., ,f. (~J ~>,.J '~w... ~i~~ '1'4';. :~ ?:4 Approximate alignment of easement .to J u-.1r- Fl'~ t ~ EXHIBIT D Form Grant Deed Recording Requested by: Diane Crane Town Clerk of the Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 APN#s (portions) GRANT DEED The Southern Marin Recreation Center, Inc., a California Corporation doing business as the Tiburon Peninsula Club, ("Grantor"), does hereby grant to the Town of Tiburon, a municipal corporation ("Grantee"), an easement for public access purposes over that real property situated in the Town of Tiburon, Marin County, California, which is more particularly described in Exhibit A, attached hereto and incorporated herein. The Grantor intends hereby to convey to Grantee an easement over said property, which by said conveyance shall become a public recreational path. IN WITNESS WHEREOF, the Grantor has subscribed their names this _ day of , 200 . GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a. TIBURON PENINSULA CLUB By: Its: President of the Board of Directors Town of Tiburon STAFF REPORT AGENDA ITEM L .. ............ ....... ...................... ..... TO: Mayor & Members of the Town Council SUBJECT: Heidi Bigall, Interim Town Manager Brian M. Stott, Interim Director of Administrative Servic~ 2006-07 Fiscal Year Municipal Plan FROM: MEETING DATE: June 7,2006 REVIEWED BY: ... ................. .... ...................... ..... Under separate cover, the proposed Municipal Budget plan for Fiscal Year 2006-07 has been submitted for your consideration. Staff will make a presentation summarizing the proposed budget during the course of the Town Council Meeting. z o ~ ~ = ~ ~ ~ o z 0 ~ ~ o ~ ~~ ~ ~ ~ z ~ -.J () z :::> o () z S o I- W I l- Ll.. o C/) a: w (0 ~ W ~ o z <( a: o >- <( ~ o I- a: w (9 <( Z <( ~ Z S o I- ~ a: w I- Z -.J -.J <( (9 (0 o W I E o ... u. z <( -.J a.. I- W (9 o :::> (0 -.J <( a.. 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(/) :t: CO .- c ::t:: c ::J co eE1i) ::JE-e .ooc I-C,)CO ,+-Q)(/) o..e c +-' 0 C '+- .- ~O(/) o (/).~ I-Q)E (1) ~ E .='~ 8 c co (/) D...:c +-' +-' (1) 0) .g.~ ::J+-' CC ~ _(1) ctl c CL.(1) '0 0> . - L... 5~ ~~ (/).9 -c C/) ~ c o CO I- 'C (1)CC ..e(/) +-' (1) O).~ .~ 2: CL.(1) OC/) (1) (1) > > (1).- -eeo cl:; O.~ (1) c E'E ..e-e :t:<( ~'+- 0)0 .~ (; -ct5 o (1) ~.~ L...O ~E -e 'C (1) (1) -e+-' c c ,(1) 0 E...... E~ o c C,) CO (1)..e .0::: O.~ +-' u (/) (1) .- CL. E (/) CO CO 2-0 +-' C C (1) . (1) +-' C Exco (1)- (1)0D... 0> +-' +-' CO +-' (1) cco> coco-o E ~ ::J _CC (1) ~ s.: CO c ~.9- (1) (1) U (1) ~'c ..eO::J I-I~ Town of Tiburon STAFF REPORT AGENDA ITEM /0 ..................... ...................... ..... TO: Mayor and Members of the Town Council FROM: Heidi Bigall, Interim Town Manager SUBJECT: 2006 Refuse Collection Rate Application - Mill Valley Refuse Service MEETING DATE: June 7, 2006 REVIEWED BY: . .... .................. .... ......... ........... .... Mill Valley Refuse Service Inc. (MVRS) has submitted its request for its annual rate increase. The Town has had a franchise agreement with MVRS since 1965. MVRS is requesting a one-year across the board increase of a 2.900/0 rate adjustment effective July 1, 2006. They are also requesting a rate increase of 150/0 for debris boxes due to the large increase in dump expenses expected during 2006. A complete copy of the application is available in my office for review. The proposed rates are attached as Exhibit A. MVRS services the cities, towns of Belvedere, Corte Madera, Mill Valley and Tiburon as well as several unincorporated areas of Marin County. The Franchise Agreement between the Town of Tiburon and MVRS guarantees an automatic cost-of-living rate adjustment each year tied to the consumer price index. In years past, the Town has engaged the service of Environmental Planning Consultants to review and affirm the analysis supporting the rate application. For a number of reasons, the four cities/towns and the County opted not to retain EPC last year and that is the case again this year. Staff believes that the rate increase is appropriate. However, I would suggest the Town continue to join the other three cities/towns and the County to require mid-term evaluations of the system by EPC and to make any reasonable changes to the operation to increase efficiency to mitigate any significant increases next year. The cost of EPC will be borne by MVRS, Recommendation It is recommended that the Town Council open the public hearing, receive public comment on the proposed rate increase, then approve the attached Nineteenth Amendment to Franchise Agreement (Exhibit B) between the Town of Tiburon and Mill Valley Refuse Service. Exhibits A - Proposed 2006 Rates B - Nineteenth Amendment to Franchise Agreement r. I I I I I I I I I , <. I E.'1- h I b \T ,\ A " TIBURON RATES EFFECTIVE 7/1/06 EXHIBIT NO. '~ NINETEENTH AMENDMENT TO FRANCHISE AGREEMENT The parties are the TOWN OF TillURON, a municipal corporation organized and existing under and by virtue of the laws of the State of California, hereinafter referred as "Town," and "MILL VALLEY REFUSE SERVICE, INC." a California corporation hereinafter referred to as "Company." WITNESSETH WHEREAS, the parties heretofore entered into a written agreement dated November 12, 1965 and renewed a modified Solid Waste Management Agreement on December 6, 1995, relating to the collection and disposal of all refuse within the Town, and have amended said rates for services referred to in the agreement on several occasions, and WHEREAS, the parties now desire to amend said agreement in the respects hereinafter set forth; and WHEREAS, the Town has heretofore held a hearing in the matter, and has determined that said further amendment is proper and in the best interests of its citizens; and WHEREAS, it has been determined that the rates charged by the Company for the services referred to herein should be modified and adjusted as hereinafter set forth; NOW, THEREFORE, it is mutually agreed that the written agreement between the parties dated December 6, 1995, and the subsequent amendments thereto, shall be amended in the following manner, effective for the period July 1, 2006 to June 30, 2007: The monthly rates shall be those set forth in Exhibit A, which is attached hereto and incorporated herein by reference. These rates include and incorporate a two point nine percent (2.9%) adjustment to all rates for solid waste collection and recycling for all residential and commercial customers. Other than as herein specifically provided, the aforesaid Agreement, and the amendments thereto, are hereby ratified and confirmed to be and shall continue in full force and effect. III III III III III III Nineteenth Amendment to MVRS Franchise Agreement - Adopted XX/XX/2006 -1- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this 5th day of June, 2002. TOWN OF TIBURON PAUL SMITH, Mayor ATTEST: DIANE CRANE IACOPI, Town Clerk MILL VALLEY REFUSE SERVICE, INC. By: Its: Nineteenth Amendment to MVRS Franchise Agreement - Adopted XX/XX/2006 -2-