The URL can be used to link to this page

Home My WebLink AboutTC Agd Pkt 2007-06-06 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Town Council June 6,2007 7:30 p.m. Closed Session - 6:00 p.m. Interviews - 7:00 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION (6:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Tiburon Neighborhood Coalition v. Town ofTiburon and Congregation Kol Shofar Bonander v. Town of Tiburon; Tiburon v. All Persons Interested in the Validity of the Del Mar Valley Utility Under grounding Assessment District INTERVIEWS (7:00 p.m.) Belvedere' Tiburon Library Agency Board of Directors - (One Vacancy) Beverlee Johnson, BOO Mar West Street - 7:00 p.m. Barbara T omber, 50 Harbor Oak Drive - 7:15 p.m. CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Berger, Councilmember Smith, Vice Mayor Slavitz, Mayor Gram CLOSED SESSION ANNOUNCEMENT 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. APPOINTMENTS TO BOARDS. COMMISSIONS &: COMMITTEES Belvedere' Tiburon Library Agency Board of Directors - (One Vacancy) CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of tije 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 - May 16, 2007 2. Town Investment Summary - Adopt April 2007 Statement (Director of Administrative Services Bigall) 3. Lyford Cove Street Overlay Project - Approve Contract Change Order for Maggiora &t Ghilotti to Resurface Roads within Lyford Cove Undergrounding District (Director of Public Works Nguyen) 4. November 6,2007 Municipal Election - Adopt Resolutions ordering Election for purpose of Electing Two Councilmembers, Requesting Consolidation of Election Services with County of Marin, and Setting Cost of Candidate's Statements (Town Clerk Crane Iacopi) 5. Grand Jury Report - Authorize Town Response to Grand Jury Report on Retiree Health Care Benefits (Town Attorney Danforth) 6. Tiburon Peninsula Club Public Pedestrian Easement - Adopt Resolution Accepting an Easement from Tiburon Peninsula Club for Public Access Purposes over Property located at 1600 Mar West Street; AP Nos. 058,171,17 &t 058,171,76 (Director of Community Development Anderson) 7. Solar Energy Proclamation - Approve Proclamation in Support of Tiburon, Belvedere Rotary Club Sponsorship of Solar Energy Projects on Tiburon Peninsula (Town Manager Curran) 8. 30th Anniversary of Belvedere' Tiburon Rotary Club - Adopt Resolution Commending the Tiburon'Belvedere Rotary Club on their 30th Anniversary (Town Manager Curran) ACTION ITEMS 1. Belvedere' Tiburon Library Expansion - Consider Approval of Agreement to Convey Real Property to Belvedere,Tiburon Library Agency (Town Manager Curran) 2. Tiburon Tourism Business Improvement District - Consider Adoption of Resolution of Intention to form a Tiburon Tourism Business Improvement District to enable the Town's Lodging establishments to self,assess 1% for the purpose of funding participation in the Marin County Visitor's Bureau (Town Manager Curran and Town Attorney Danforth) PUBLIC HEARINGS 1. Fiscal Year 2007,2008 Municipal Budget - Introduction of FY 2007,08 Municipal Budget (Town Manager Curran and Director of Administrative Services Bigall) 2. Eminent Domain Ordinance - Recommendation to Hold Second Reading and Adoption of an Ordinance Regarding the Tiburon Redevelopment Project's Eminent Domain Policy and Program (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weeldy Digest - May 18, 2007 . Town Council Weekly Digest - May 25, 2007 . Town Council Weekly Digest - June 1, 2007 ADTOURNMENT Future Meetings: June 20, 2007 July 4,2007 - Regular Meeting Cancelled GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435, 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere' Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability,related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: June 6, 2007 To: Mayor and Town Council From: Peggy Curran, Town Manager Subject: Chamber of Commerce Request for Funding for Friday Nights on Main I have been advised that the Chamber of Commerce will attend this evening's meeting with a request for support for the Friday Nights on Main series. I have talked to the Chamber about the proposed budget for this event and we concur that the attachment is a fair approximation of anticipated revenues and expenses. It indicates a projected shortfall of some $3,500. Chamber of Commerce Friday Nights on Main 2007 Proposed Budget 15 nights (excluding Octoberfest) Expense One time Weekly I5-night Total Season Total Insurance . 1,666 1,666 ABC license 550 550 Health Dept 90 Set up/clean up 270 4,050 4,050 3 @} 6 hrs @} $15/hr Accounting 2hrs @ 44 660 660 $22/hr Music (two groups) 900 13,500 13,500 Misc. expenses (labels, 500 banners, etc.) Ads, promotion, misc 1 ,000 Total $22,016 Revenue One time Weekly I5-night Total Season Total Foundations 4,200 4,200 Sponsors 4,000 4,000 Belvedere (requested) 1,000 1,000 Angelo music donation 300 4,500 4,500 Art Auction 200 3,000 3,000 20% mark-up on 120 1,800 1,800 projected $600/wk wholesale liquor sales Total $18,500 Shortfall $3,516 BEVERLEEJOHNSON 1300 MAR WEST TIBURON CA 94920 415.435.2620 beverlee. iohnson(QJcomcast.net TO: TIBURON TOWN COUNCIL J5) ~~~~W~ Ni) ~ MAY - 8 2007 1W FROM: BEVERLEE JOHNSON TOWN CLERK TOWN OF TmURON RE: LIBRARY AGENCY/POSITION AVAILABLE DATE: MAY 8, 2007 I am attaching an application for the position that is becoming available on the Belvedere Tiburon Library Agency. I am also attaching a resume and a professional biography to summarize my business experience. Since 1999 I have been Vice President of Business Development for Professional Strategic Alliances. For the past several years I have been an active volunteer for the Belvedere Tiburon Library. I have been an officer on the Belvedere Tiburon Library Foundation for the past eight years and am currently the Assistant Secretary of the BTLF. I have served on the Foundation's nominating committee three times, once as Chair. I am an active member of the Library's Program Committee and am co-chair of the Film Committee. I am confident that I can continue to make real contributions to our Library as a member of the Library Agency. I look forward to meeting with the Town Council to discuss this position. In the meantime, if you have any questions or need additional information, please don't hesitate to get in touch w/me. Thank you for your consideration. ~tih~fX Attachments (3) ...... . 1 .s Q FrIll ~. ~~~.'~' . ~~~'~f~ .:~ A ~.. ~. I,~~~ ('\'-::::. :S::-~,." 'V.~ ~ ~.,'O C";";to~.....o. .'.':. 0 ~1\ii7f '" c.. ~. T . TOWN OF TIBURON COMMISSION" BOARD & COMMITTEE APPLICATION The Town Council considers appointments to various Town commi boards and committees throughout the year due to term expirations and unfo vacancies. In an effort to broaden participation by local residents in Tibl.t~flns governmental process and activities, the Council needs to know your inte~ijst serving the Town in some capacity. Please indicate your specific areas of interest and special skills or expe~~~~~:~ which would be beneficial to the Town, by com pleting both sides of this forDl)i~:~~ returning it to Town Hall. The application form can also be found on the T()\f'n~s website, www.ci.tiburon.ca.us. Copies of the application will be forwarded to the Town Council and.an informal interview will be scheduled when a vacancy occurs. Your applicati()JI,~_1 remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. 11/J /) /11/f/~14{ . Diane Crane Iacopi Town Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **i*?lC AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) /, t/ PLANNING PARKS & OPEN SPACE DESIGN REVIEW JT. RECREATION COMMITTEE HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING BICYCLEIPEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: p.vJrZY!ee do A n.s.DYJ Street & Mailing ADDRESS: 1300 M,4-re.. W~ e-mail= je~v~/e-e: ~ JOn'YJS:lrY7'(?J) (11fYYlc~r, nee. TELEPHONE: Home: 4352J::ZlWork:1'3? 2h2D Fax No. 4-3..5 55 Z- / PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Year8~) DATE SUBMITTED: cr Z~)O ~ REASONS FOR SELECTING YOUR AREAS OF INTEREST [ATTACH ADDITIONAL PAGES, IF NECESSARY] ~~~. ~~ APPLICABLE QUALIFICATIONS AND EXPERIENCE [ATTACH ADDITIONAL PAGES, IF NECESSARY] rY~/ Ii:~)~~ Town Hall Use Date Application Received: Interview Date: Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: S:dcrane:comm.app (4/05) 2 BEVERLEEJOHNSON 1300 Mar West Tiburon, California 94920 415.435.2620 Beverlee. iohnsonCCUcomcast. net Corporate Executive with strong management and communication skills. Extensive experience in building and directing highly motivated teams. Successful track record in achieving goals in demanding environments. Career Experience Bowne Business Solutions - San Francisco, California Director of Sales 1997 -1998 · Opened San Francisco office for New York based outsourcing division of Bowne & Co., an $800 million financial printing company established in 1775. · Developed and executed a strategic marketing plan for new business which resulted in $2.2 million annual sales in first year. · Hired, trained, and managed sales staff to meet sales goals. Recruited and hired operations managers to support new business. · Made a number of substantive presentations to legal groups as part of company's marketing plan. Pitney Bowes Management Services - San Francisco, California (Formerly Ameriscribe Management Services) General Manaoer · Responsible for sales and operations in Northern California, Oregon and Washington. · Managed an annual budget of $22 million to meet revenue and profit targets. · Directed planning, marketing, sales, finance, human resources and training, with a total employee base of 375. · Introduced the company's Total Quality Management process in San Francisco; reengineered the internal structure to support the goals and objectives of the process; directed training of 375 employees; Chaired the Quality Improvement Team. 1994-1997 . Ameriscribe Management Services - San Francisco, California Vice President and General Manaoer · Opened San Francisco office of New York based $300 million outsourcing company with responsibilities for sales and operations in Northern California, Oregon and Washington. · Developed and implemented sales strategy resulting in annual revenues of $15 million, and a staff of 300 employees. · Directed all planning, marketing, sales, finance, human resources, and training. · Awarded with "General Manager of the Year" recognition for two consecutive years. 1988-1994 BEVERLEE JOHNSON Page 2 Landels, Ripley & Diamond - San Francisco, California Executive Director · Managed the business affairs of a major San Francisco law firm with an annual budget of $28 million. · Developed and directed a support structure as the organization grew from 17 to 90 lawyers. · Directed financial management, human resources, facilities, technology, information services, and long-range planning. · Member of Executive Committee and ex-officio member of all lawyer committees; chair of all non-lawyer committees. · Directed staff of 175 with six senior management direct reports. 1973-1988 Professional Activities PRESIDENT (1985-1986), Association of Leqal Administrators. Served as president of international professional association with 7000 members and an operating budget of $3 million. Member of Board of Directors for seven years. FELLOW, Colleqe of Law Practice Manaqement. Elected and inducted in 1994. PUBLIC SPEAKER on substantive and motivational topics. Have spoken to legal groups, educators, city government agencies and management groups throughout the United States, and in Canada and Japan. Have conducted training programs and workshops for client organizations and professional groups. MEMBER OF THE BOARD, Leqal Assistance to the Elderly. Acted as Business Management Advisor and involved in fund-raising activities for not-for-profit San Francisco based legal organization. AUTHOR of articles published in National Law Journal, Leqal Administrator, The Bottom Line, and Law Library Journal. LEADER of People-to-People exchange programs for lawyers and legal administrators. Guests of China's Ministry of Justice in 1988; Soviet Union in 1993. Education University of Oregon, Eugene, Oregon Bachelor of Arts Beverlee Johnson Ms Johnson was the Executive Director of a 90 lawyer San Francisco law firm, a position she held for 14 years. She served as president of the Association of Legal Administrators, an international association with over 10,000 members. She was active in the California State Bar's Section on Law Office Management and in the ABA's Law Practice Management Section. She has spoken at ABA Annual Meetings, at ALA conferences, at Legal Tech and has been on the faculty of the Institute of Continuing Legal Education. She served as a member of the board for Legal Assistance to the Elderly and has authored articles published in National Law Journal, Legal Administrator, The Bottom Line, and Law Library Journal. She has 10 years experience as a general manager and sales executive with Fortune 500 companies concentrating on the legal market. She is a life member of the Association of Legal Administrators and a Fellow in the College of Law Practice Management. She is a graduate of the University of Oregon. Bev is currently Vice President for Business Development for Professional Strategic Alliances (PSA) based in the Bay Area. (5) ~~~~w~ n1l ~ MAY 2 3 2007 l!1J TOWN CLERK TOWN OF T~BURON Instructions and Awlication to Serve on a Town Board. Commission or Committee The Town Council considers appointments to various Town boards, commissions and cOllllnittces throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to knOll' your interest in serving the Town in SOlile capacit)'. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the To,vn, by completing both pages of this form and n.:lurniilg a 10 'f 0 wn Ilall, 1505 rribui'on Blvd, 'fiburon CA 94920, or fax it to ( 415)435- 2438. Copies of the application will be forwarded to the Town Council and an informal intcfyiclV ,viII be scheduled lvhen a vacancy occurs. Your application will remain on rile ~t 'ro~\'lllIall [Oi. a period of Oil~ (1) year. Tb IT T n cnf' ~ ~fr,' 'f.!l~;-<'~H,"-;"{' ~(', C'l"--',C. ~.",_, l"fd'~',-,,!,' ("--'-';:",:c:~t." Rn...)'O...iCl\...i ~,(},;.,;. ",l~;'''.l'''b'''':':)<'~ ~...; ......"'1 \;. lL.. 1~-,<..~_'~"_ ....'.I,_~,.LL~:~,..J.. Diane Crane Iacopi Town Clerk * * * * * ** ** * * ** * * * * ** * * * * ** * * ********** **** * * *** * AREAS Of JNTITREST Please Indicate Your Area(s) of Interest in Numerical Order (N1 r'L;~ig ~"1e Cf,2:~hs1 Inkiest) PLANNING DESIGN REVIEW X HEIUT,A.GE &, AI~TS x LIBRARY x PARKS & OPEN SPACE RECREA TION DISi]l.STl:l~ r i~l'i\'..I~L.u=<LSS MARIN COMMISSION ON AGING nlC'lCl,~lrrl;:FSTn!AN AD'l1S0RY COI'/il'iliTTEE 1 PERSONAL DATA Only computeT gene-rated or tYPCYTtttep. copy v.,'!H h'..' 3.('('('ptcd; Attach separate pages, including resumes and cover letters, if necessary. l'f..:).DIE: n~,l1'b.ara TOlllber - MAIJ,--,ING ADDRESS~~Q1!~rPQrQ~kl)r,tf3J,<,rihHron> <7?, 9:~9'O TELEPHONE: Home: 415 789 5449 Work: nfa Fax No. nfa c.~ ;'~:... ..---.,.;,-, '}'"'.' ~'I"'t T ..i...... :or", .T-"'.. r-,---, -".(1' ,. t;.'-~~J""'t,.,C ..i. .IL~'v.t L~{ 1 -1 ,~.. ~ i '~L~\..~' .i l...J0U . (If upp.kable) TIBIJRON RFSIDrl\;T: (YL",;_.~l__,_. 5/24/07 DA TF: StTJr~JrTTrn_ r----m ... I ~'==<TO>",,".~=,=-,,=,,--_='_;';~"'---''''''-L -_-. REASONS FOR SELECTING '{QjJRAREASOf INTEREST ------1 ,_______J I served on the P~rks ?nd R.ecreation and l\rts Commis~ions in S~nls~dito. I believe in the community value of having a good library, and would like to help ensure that the Belvedere/Tiburon library continues to be of the best quality. I moved from Sausalito to TiburoD ht~;i r'o\'cLnb.:' Bi":d v. lif- c {(; f/< f;' {;J.,.., .:~. -- ...,; -~ contribute my energy and knowledge and skills to help out. APPLICABLE QUALIFICATIONS A~lQJ;~XPERTFNCF 1 I See ~bove. Bo~rd Member.. San Frfln('iseo Film Society for 7 years. Member of lu06-l007 lVlarin County Civil Grand Jury. Retired Executive Vice President of First Hawaiian Bank/Bank of the West. ----------------------------------------------1r()1V1l lliall (Jse ------------------------------------------------- ~.-: ~;.~ ,~\i i') ~~: ~~.('.~ t: ~.~: fl nr;;-i.;(~i \'ed: fi/;;, JI[xt~_ ! 'lto"kw nate:~,~/~~L App()illted to: 2 cc-I TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram cal!ed the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on W ednesda~~(:l\1:ay 16, 2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. (_ / ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Director of Administrative Services Bigall, Chief of Police Cronin, Town Clerk Crane Iacopi CLOSED SESSION (6:30 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) County of Marin v. Martha Company CLOSED SESSION ANNOUNCEMENT Mayor Gram said that no action was taken on the litigation discussed in closed session. ORAL COMMUNICATIONS None. INTRODUCTION AND SWEARING IN OF NEW POLICE OFFICER . Marcello Pereira Chief Cronin introduced Pereira, who he said came from a "long line" of police officers in his native Argentina. Town Clerk Crane administered the oath of office. His wife Julie pinned his badge. Mayor Gram welcomed the new officer to the Town of Tiburon. Town Council Minutes #10-2007 May 16, 2007 Page 1 PRESENTATION OF 2007 HERITAGE PRESERVATION AWARD . Branwell Fanning, Recipient Heritage & Arts Chairman Dave Gotz presented the award, the 10th in the series since its creation by Chair Emeritus Victoria Arnett. Gotz said that Fanning was a founding father of the town who had continued to stay involved for over 40 years. He said that he had been active in the Landmark's Society and Tiburon Audubon Society, and that he had been appointed Town Historian in1988. According to Gotz, Bran's most recent accomplishment was as author of two books about the town, the first entitled, "The History of the Tiburon Peninsula, " and the second entitled, "The History of Angel Island." After receiving the award, Mr. Fanning gave a brief history on the efforts of local citizens to incorporate the Town in the early 1960's and admonished future generations to help preserve its unique character. Mayor Gram and the members of the Council acknowledged Bran's role as leader and teacher, and expressed their gratitude for his efforts in preserving the Town's heritage. CONSENT CALENDAR 1. Town Council Minutes - May 2, 2007 MOTION: Moved: Vote: To adopt consent calendar item No.1, as submitted. Slavitz, seconded by Smith AYES: Unanimous PUBLIC HEARINGS 1. Eminent Domain Ordinance - Recommendation to Introduce and Hold First Reading of an Ordinance Regarding the Tiburon Redevelopment Proj ect' s Eminent Domain Policy and Program (Director of Community Development Anders~n) Director Anderson gave the report. He said that State laws that went into effect this year required the Town to adopt an ordinance setting forth the Town's Redevelopment Project Area eminent domain policy and program, as well as a revised statement of institution specifically including the policy and program. Anderson said that although the Town's Redevelopment Agency no longer had condemnation authority, the statute nevertheless required adoption of the ordinance. Councilmember Smith commented that adopting a Town ordinance would be effectively meaningless because the RDA had no condemnation authority; however, he noted that compliance was necessary because the statute had no exceptions built into it. Town Council Minutes #10-2007 May 16, 2007 Page 2 Mayor Gram asked for clarification of language in Exhibit C concerning the Reed Union School District property. Director Anderson said that the wording had been added at one time to give the Town the right to acquire school district property in the event the district sold its school site(s) to a private entity. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Berger, seconded by Smith AYES: Unanimous Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon adopting a Description of the Program for the Acquisition of Real Property by Eminent Domain and adopting a Revised Statement of Institution for the Redevelopment Plan for the Tiburon Redevelopment Project Area and Taking related actions." MOTION: Moved: Vote: To pass first reading of above ordinance. Berger, seconded by Smith AYES: Berger, Fredericks, Gram, Slavitz, Smith TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - May 4, 2007 . Town Council Weekly Digest - May 11, 2007 Town Manager Curran noted a memo prepared by Chief Cronin requesting funds to purchase certain police equipment and supplies. She said that the cost of the purchase was estimated at $13,000, less grant funding and competitive pricing, for a net expenditure of $8,000. She asked that the Council endorse her plan to purchase this equipment. Councilmember Smith asked if the purchase was in the interest of mutual aid, since it appeared that the equipment would be rarely used in Tiburon. Town Council Minutes #10-2007 May 16,2007 Page 3 Chief Cronin acknowledged that it would be more probable for use outside of the Town's jurisdiction; however, he said that it was equipment that was universally used in public safety and he recommended its purchase. He also said that it would be used in situations of extremely high risk but low probability. In response to a question from Vice Mayor Slavitz, Cronin said that additional Police Department equipment purchases would be discussed as part of the upcoming FY budget program. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 8:02 p.m., to the next regular meeting scheduled for June 6, 2007. TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #10-2007 May 16,2007 Page 4 y; TOWN OF TIBURON .;;0 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 6, 2007 Agenda Item: Cc - ), STAFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Investment Summary - April 2007 Reviewed By: ~ BACKGROUND Pursuant to Government Code Section53601, staff is required to provide the Town Council with a report regarding the Town's investment activities. ANAL YSIS The Town of Tiburon currently invests all idle funds for the Town and the Redevelopment Agency in the California Local Agency Investment Fund (LAIF). Below illustrates the funds on deposit with LAIF at month end, April 30, 2007: Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $19,905,544.57 5.2220/0 Liq uid Investment Fund (LAIF) Redevelopment Agency Local Agency $1,004,788.51 5.2220/0 Liquid Investment Fund (LAIF) FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the April 2007 investment summary Exhibits: Prepared By: None Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 6, 2007 Agenda Item: Cc - S STAFF REPORT To: Mayor and Members of the Town Council Prom: Department of Public Works Subject: Recommendation to Approve Contract Change Order For Maggiora & Ghilotti to Resurface Roads within the Lyford Cove Undergrounding District at a Not To Exceed Cost of $427,000. @~ Reviewed By: DISCUSSION Per our Town Administrative Policy 01-2006, the Public Works Department is planning to resurface all the streets impacted by trenching within the Lyford Cove Undergrounding District (LCUGD) this summer just after Maggiora & Ghilotti's (M&G) completion of the joint trench construction. With the joint trench completion anticipated within one month, Public Works is positioning itself to perform the resurfacing using annual street resurfacing funds. We have negotiated a new estimate of $427,000 with M&G to perform this work; the original bid from M&G was $529,000. All affected streets, except Paradise Drive, will receive an overlay. Paradise Drive had a relatively high pavement condition index prior to the work, and will receive a slurry seal over approximately 80% of its length; the other 20%, in the County right of way, will receive an asphalt concrete leveling course and slurry seal. This has been determined to be the most cost effective approach to resurface and preserve these roads while maximizing our dollars. The following streets will not be resurfaced: Linda Vista A venue because no trench excavation was performed; Agreste Avenue because it is a concrete street that has been sufficiently restored with new concrete trench backfill; and Tower Pt. Lane because it is a private street. A map indicating those streets that will be resurfaced is attached as Exhibit A. The overlay work was originally specified as an optional work item within the contract documents for the project but was never awarded. Th~ desire to potentially bid the work separately and/or an uncertain funding source may have been why the work was not awarded. Public Works proposes to perform the resurfacing work via a contract change order with M&G as part of the undergrounding project. This change order is consistent with the original contract document and plans from the project. Harris & Associates can be engaged through our as-needed Town Council Meeting engineering contract with them. Work can begin in late June or early July, and should take approximately 50 working-days to complete. Construction inspection will be provided by Harris & Associates, who are intimate with the project, at a cost not to exceed $49,300. FISCAL IMPACT Resurfacing the streets in the undergrounding district is a cost borne by the Town through its annual resurfacing process, not the district itself. The estimate for resurfacing the undergrounding district is $427,000. The estimate for construction inspection is $49,300. Funding for this work is available through the 2006-2007 annual resurfacing budget. Staff proposes rolling over funding to account for the transition to fiscal year 2007-2008. RECOMMENDA TION Staff recommends that the Town Council: Move to approve a contract change order for Maggiora & Ghilotti to resurface all the roads within the Lyford Cove Undergrounding District at a cost of $427,000 for construction and $49,300 for inspection, and authorize the Town Manager to execute the necessary agreements to perform the work. Exhibit: Exhibit A - Map of Lyford Cove streets to be resurfaced. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer TO\\"N OF TIEl fRON Page :2 of :2 H~ J \, -n 0:,," .~ o () < m ~ '''-- 7' \J rn !U G\ ~ o 11""""" ~ L \J Z ~"ff t\\~ n U IU G L m () -i ~~" ~;\f.,. .....,... <>~.\\ ), ... ~"l ~ 1'-." ~\~ "}"" Ul (\ )> r ,r.' -' C! = -' - () 0 Q. C! '" 0 \II q "- IJI -' 0 "- C! () w / DDEJDDO~ UIUU~ ~, ~ m . 01 ~ m ~ o <. (1\ 7f r ):P "< (Jl r c. :Xl ]J "'< lfl ~ r @ TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 6, 2007 Agenda Item: -EC ~ i STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Recommendation to Adopt Resolutions Pertaining to November 6, 2007 Municipal Election Reviewed By: B BACKGROUND The Town Clerk must notify the County Clerk and Registrar of Voters in the month of June of the Town's intention to conduct an election in November. The terms of two members of the Town Council, Jeff Slavitz and Paul Smith, will expire in November of this year. The filing period for both the incumbents and other interested residents opens on July 16 and runs until August 10, 2007. At that time, if anyone of the incumbents does not file for re-election, the filing period is extended for five days, until August 15, 2007,for non- incumbent candidates only. If only two candidates file for the two seats, the Council will have the option of either conducting an election or appointing candidates to fill the pending vacancies. Other important deadlines are contained in the attached calendar. As the date of the election draws closer, the Town Clerk will provide the candidates with the appropriate forms and other information. RECOMMENDATION Staff recommends that the Town Council adopt the following resolutions: . Calling the Election on November 6, 2007 . Requesting Consolidation of Election Services with the County of Marin . Establishing the Cost and Payment requirements for Candidate's Statements EXHIBITS . Municipal Election Calendar . Resolutions Prepared By: Diane Crane Iacopi, Town Clerk MARIN COUNTY REGISTRAR OF VOTERS ELECTION TIMETABLE FOR MUNICIPAL ELECTION FOR CANDIDATES November 6, 2007 Days Before Election 7/2-7/16 (EI27-113) 7/16-8/10 (E-113 - E-88) 8/10 (E-88) --. .. .. .., . .. Publish or post Notice of Election once. Include time of election and offices to be filled. Notice of measure to be voted on can be consolidated with this notice pursuant to EC Sec. 12112. If this is a special election to fill a vacancy, the notice shall state that if one or fewer persons are nominated for an elected office, appointment may be made pursuant to EC Sec. 10229. Nomination papers to be obtained and filed during this period. Candidates' Statements, which are optional, must be filed at the same time as nomination papers and must remain confidential until expiration of filing period. Disclosure of Economic Interests must be filed at the same time as nomination papers. Code of Fair Campaign Practices: form must be issued to each candidate, to be completed and filed at candidate's option. Last day to file with County Board of Supervisors (with copy to Registrar of Voters) a Council resolution requesting consolidation of municipal election with other local elections to be held on same date. Resolution must include exact form ofmeasure(s) or office(s) to be voted upon, as they are to appear on the ballot. This resolution must be adopted and filed at the same time as the ordinance or resolution calling the election. Last Dav to file nomination papers with the City Clerk's office. A candidate shall not file nomination papers for more than one municipal office or term of office for the same municipality in the same election. Last day for a candidate to withdraw hislher nomination papers that have been filed. 1 Code Sections EC 12101-02 EC 12111 GC6061 EC 10220 EC 13307 EC 13311 GC 87201 et seq. EC 20440 EC 10400 EC 10402 EC 10403 EC 10220.5 EC 10510 Time extension of fIlin!! period if incumbent fails to file. If EC 10225 8/15 nomination rapers for an incumbent officer of the city are not filed by E-83 or in the 88t day before the election during normal business hours, as posted, the voters have until E-83 to nominate other candidates. Not applicable where there is no incumbent eligible to be elected. A candidatae filing under this section has until E-83 to withdraw papers that have been filed. Insufficient candidates. Ifby E-88 or E-83 if an incumbent fails to file EC 10229 and there are no candidates or insufficient candidates for the office, the governing body of the city may appoint the person who has been nominated, or appoint any eligible elector if no one has been nominated, or hold the election. See Sec. 10229 of the CA Elections Code for procedures. 8/16 Random alphabet drawin!! by Secretary of State. Results will be sent EC 13112 (E-82) to Registrar of Voters and Registrar will send a copy to each City. 8/17 Last day for City Clerks to file candidates' names and occupational EC 10403 (E-81 ) designations with Registrar of Voters. The Candidates' Statements should also be forwarded to the Registrar of Voters no later than this date. 9/10-10/23 Write-in candidates may obtain and file nomination papers at the EC 8600-05 (E57-EI4) office of the City Clerk during this period. 9/27-10/16 Mailin!! of Sample Ballots - Registrar of Voters mails Voter EC 13303 (E40- E21 ) Information Pamphlets to voters registered by E-29. 10/8 Absentee ballots. Registrar of V oters begins issuing absentee ballots to EC 3001 (E-29) voters in person or by mail. Applications received before this date will be held and processed beginning on this date. 10/22 Re!!istration deadline. Last day to register to vote in the election. EC 2107 (E-15) 10/27 Notice of Central Count. Last day for Registrar of Voters to publish EC 12109 (E-I0) notice of Central Count. 10/30 Notice of Pollin!! Places. Last day for Registrar of Voters to publish a EC 12105-06 (E- 7) list of polling places. Publication to be made one time in a newspaper of GC 6061 general circulation. Registrar of Voters to post the list of polling places and precinct board - members appointed by the 15th day before the election in office and on website. 10/30 Deadline to apply for an absentee ballot by mail. EC 3001 (E- 7) 10/30 Notice of nominees. Last day for City Clerk to publish the Notice of EC12110 (E-7) Nominees, which is a list of the names of the nominees as they appear on the ballot, and the respective offices for which they have been nominated. (one time) 2 10/31-11/6 Absentee V otine: - After mail application deadline. After deadline for EC 3021 (E6-0) requesting absentee ballot by mail, voters unable to vote at the polling Also see place on election day may request, receive and return their Absent Voter Sections 3100 - 3110 re: Ballots to Registrar's Office (in person or through authorized "Special representative) not later than the close of the polls on election day. Absentee Voters." NOV. 6,07 ELECTION DAY - Polls open 7 a.m. until 8 p.m. EC 10242 (0) EC 14212 11/8 Registrar of Voters commences official canvass. EC 15301 (E+2) 12/4 Deadline for Registrar of Voters to complete official canvass, prepare EC 10411 (E+28) certified statement of the results and forwards it to City. EC15300 et. Seq. City Clerk certifies results to governing body. EC 1 0262(b) City Council meets no later than the next regularly scheduled meeting following presentation of the 28-day canvass of results, or at a special 10263(b) meeting called for this purpose, to declare the results and install the newly elected officers. City Clerk enters results in council minutes. 10264 City Clerk prepares and delivers Certificate(s) of Election to the elected 10265 candidates. + 5 after official Deadline for voters to file request for recount. EC 10266 canvass IS EC 15620 completed *When deadline falls on weekend or holiday, deadline is extended to the next weekday. 3 RESOLUTION NO. XX-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ORDERING AND CALLING A MUNICIPAL ELECTION IN THE TOWN OF TIBURON ON NOVEMBER 6, 2007 FOR THE PURPOSE OF ELECTING TWO COUNCILMEMBERS BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is hereby ordered as follows: Section 1. Date of Election - Offices to be Filled. A general municipal election is hereby called and ordered to be held in the Town of Tiburon, State of California, on Tuesday, November 6, 2007, for the purpose of electing two Town Councilmembers, the terms of the incumbents of which are about to expire. Section 2. Registration to Close October 22. 2007. Registration for said election shall close on October 22, 2007; no persons registered after that date will be entitled to vote at said election. Section 3. Procuring and Filing Nomination Papers. Nomination papers may be procured from the Town Clerk and shall be filed with the Town Clerk no later than 5:00 P.M. of the eighty-eighth day before the election. Nomination papers may not be circulated prior to July 16, 2007 and must be filed no later than 5:00 P.M. on August 10,2007. If anyone of the incumbents does not file for re-election to office by August 10, 2007 at 5 :00 P.M., the filing period for such office is extended until 5:00 P.M. on August 15, 2007, for non- incumbent candidates only. Section 4. Time When Polls Are Kept Open. At said election the polls shall be opened at 7:00 A.M. of the day of said election, and shall be kept open until 8:00 P.M. in the evening of the same day, when the polls shall be closed, subject to the provisions of Section 10242 of the Elections Code. Resolution No.xx-2007 - Calling November 6, 2007 Election 1 Section 5. Certification of Vote by Council. The Council shall meet at its usual meeting place on the first available date following the canvass of the vote by the County Registrar of Voters to certify the election and install the newly elected officers. The official date of assuming office shall be December 5, 2007. Section 6. Publishing Notice of Election. The Town Clerk shall cause to be published in a newspaper of general circulation a Notice of Election which will include the date of election, hours the polls open and close and the offices to be filled. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June xx, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Resolution No. xx-2007 - Calling November 6, 2007 Election 2 RESOLUTION NO. XX-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING THE MARIN COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE ELECTION AND AUTHORIZE THE COUNTY CLERK TO RENDER SERVICES REGARDING THE MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 6'12007 WHEREAS, the Town Council of the Town of Tiburon has ordered an election for November 6,2007; and WHEREAS, pursuant to Section 10403 of the California Elections Code, the Town Council of the Town of Tiburon may request the Board of Supervisors of the County of Marin to consolidate the General Municipal Election with any other election conducted on the same date; and WHEREAS, pursuant to Section 10002 of the California Elections Code, the Town Council of the Town of Tiburon may request the Board of Supervisors to permit the County Clerk to render specified services to said Body relating to the conduct of the election on a reimbursable basis, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. That the Board of Supervisors of the County of Marin is hereby requested to consolidate the election and authorize the County Clerk to render the following specified services for said Body relating to the conduct of the election to be held on November 6,2007: V oter Indexes Voter Count by Precinct Verification of Signatures Drayage and Rental of Polling Places . Printing of Measures and Arguments Printing of Sample and Official Ballots Appointment and Notification of Election Officers Mailing of Sample Ballots and Polling Place Notification Precinct Supplies Training of Precinct Workers Processing of Absentee Ballots Central Counting Canvass of Votes Cast Resolution No. XX-2007 - Consolidate November 6, 2007 Election 2. That the Clerk of said Body be and hereby is ordered and directed to file a copy of this resolution with the Board of Supervisors of the County of Marin. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June xx, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Resolution No. XX-2007 - Consolidate November 6, 2007 Election 2 RESOLUTION NO. XX-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROVIDING THAT THE COST OF PRINTING AND HANDLING THE CANDIDATE'S STATEMENT SHALL BE BORNE BY THE CANDIDATE AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED WHEREAS, Section 13307 of the California Election Code provides that candidates for nonpartisan elective office in any local agency, including any city, county, or district, may prepare a candidate's statement of qualifications, which statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications; and WHEREAS, the amount for printing 200 words has been estimated by the County of Marin to be $190 for each typed candidate's statement of qualifications in the November 6,2007 municipal election; NOW, THEREFORE, BE IT RESOLVED, that in the event a candidate wishes to avail himself/herself of the right to prepare a candidate's statement of qualifications, that the cost of printing will be borne by the candidate and not by the Town of Tiburon; BE IT FURTHER RESOLVED, that the estimated cost of$190 for printing candidate's statements of qualifications shall be paid for in advance by the candidate at the time Nomination Papers are filed with the Town Clerk. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June xx, 2007, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 6, 2007 Agenda Item: ( CC - -.J STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Attorney Subject: Recommendation to Approve Response to Grand Jury Report Retiree Health Care Costs Reviewed By: ~ BACKGROUND On March 19, 2007, the Marin County Civil Grand Jury issued a report entitled "Retiree Health Care Costs: I Think I'm Going to Be Sick." The Report describes a new Government Accounting Standards Board requirement that governmental agencies disclose their obligations to report certain non-pension benefits for retirees. The Town is obliged to begin this reporting in Fiscal Year 2009-2-10. The Grand Jury voices a fear that local government agencies are ill- prepared to either comply with the new reporting requirement and or pay for retiree health benefits. The Report does not contain any specific criticism of the Town of Tiburon. The Grand Jury has requested that we respond to the Report's Findings Nos. 1 - 11, inclusive and Recommendations Nos. 3 -6, inclusive. By law, our response is due on June 18,2007. In staffs view, the Report is unduly pessimistic, at least with respect to the Town. I have attached the Town's draft response for the Council review and approval. The response is the product of consultation with the Town Manager and Director of Administrative Services. ANAL YSIS 1. Grand Jurv Findines. Under 9 933.05 of the Penal Code, the Town is required to either state that it (a) agrees with the finding; or (b) disagrees wholly or partially with the finding. In the latter case, we must include an explanation of the portion of the finding that is disputed and include an explanation of the reasons therefore. . Finding 1: Health care coverage is a valuable benefit to attract and retain employees. The Report does not detail the basis for this conclusion, but merely asserts it as a fact. We have no basis for disagreeing with this conclusion and it seems intuitively obvious. Therefore we recommend that the Town agree with it based solely on the assertions of the Report. . Finding 2: Government entities generally pay more of their compensation in the form of benefits than the private sector. The Report does not detail the basis for this conclusion, but merely asserts it as a fact. The Town has not researched whether governments generally pay more of their compensation in the form of benefits than the private sector and the report offers little evidence in support of this finding. Nevertheless, it is consistent with the general practice of government employers to offer lower wages and enhanced benefits. Therefore, we recommend that the Council agree with this finding, with appropriate caveats. . Finding 3: Most government entities providing retiree health care and other non-pension retirement benefits must disclose the future and accrued cost of those benefits to the public within the next fours years pursuant to GASB 45. Staff recommends that the Town agree with this finding. . Finding 4: Government budgets and union negotiations will be affected by the implementation of GASB 45. There is scant discussion of this finding in the report. It may be true with respect to agencies that have made commitments to employees that may consume more resources than the agency can afford, but untrue with respect to agencies whose commitments are more modest. Based on the information available to Town staff at this time, we believe that this finding is untrue with respect to the Town of Tiburon, but we will not know for certain until we have the results of our actuarial stuffy. With that proviso, we recommend that the Town disagree with this finding. . Finding 5: Unless legally determined otherwise, the issue of vesting for retiree health care benefits requires a fact-specific analysis. Staff recommends that the Town agree with this statement. . Finding 6: Some government entities have not done the extensive research to determine if retiree health care benefits and the manner in which they are calculated are vested or can be changed or eliminated. Staff recommends that the Town agree with this statement. . Finding 7: Public comments on vesting by government entities could result in creating a vested right where none previously existed. Staff recommends that the Town agree with this statement, with the caveat that the actual potential for creating a new vested right will depend on the facts of each agency's circumstances. 'lo\vn C:oundl June 6, ::cue? . Finding 8: Unless government employers prudently manage the liability for retiree health care benefits, they will be forced to cut services, reduce benefits, and/or raise taxes to satisfy credit agencies. This finding appears both highly speculative and unduly pessimistic. The Grand Jury seems to assume that government agencies have not historically managed their obligations with care, which is untrue with respect to the Town. Accordingly, staff recommends that the Town agrees with the need to prudently manage these liabilities, but disagree with the finding insofar as it predicts catastrophic consequences. . Finding 9: Financially weak government entities faced with staggering liabilities will be required to reduce benefits, raise taxes or reduce services. Failure to manage the liability could well result in bankruptcy for those government entities. Staff recommends that the Town disagrees with this statement in that it does not appear to apply to the Town. If all employees that currently qualify for retiree health benefits were to retire immediately, the annual cost to the Town would be $48,000. This amount is not negligible, but the Town could absorb it without any of the drastic consequences predicted in the finding. This annual exposure will fluctuate; the Town's liability will increase as more employees become eligible for benefits, or for higher levels of benefits, and decrease as employees leave the Town pre-retirement and as retirees decease. . Finding 10: The municipalities and special districts have not taken appropriate aggressive steps to understand and begin to comply with the requirements of GASB 45. Staff recommends that the Town disagrees with this finding in that it does not appear to apply to the Town. The Town's budget for FY 2007-2008 includes the funds necessary to hire an actuarial for GASB 45. If the Town retains the actuarial in the next fiscal year, it will have ample time to meet is statutory deadline of compliance in fiscal year 2009-2010 (Heidi, please confirm deadline). . Finding 11: Whether elected or appointed, public employees managing the retiree heal care liability may also be eligible to receive the retiree health care benefits they manager. They are subject to a conflict of interest. Staff recommends that the Town disagrees with this finding in that it does not appear to apply to the Town. The officials responsible for managing such benefits are the Town Council and the Town Manager. The Town Council does not receive any retiree health care benefits and the Town Manager's benefits are set by her employment contract. 2. Grand Jurv Recommendations. In responding to the Grand Jury's Recommendations, Penal Code ~ 933.05 requires the Town to report one of the following actions: (a) The recommendation has been implemented, with a summary regarding the implemented action. (b) The recommendation has not been implemented, but will be implemented in the future, with a timetable for implementation. (c) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a time frame for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This time frame shall not exceed six months from the date of publication of the Grand Jury Report. (d) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. The Report directs the Town to respond to Recommendation Nos. 3, 4, 5 and 6. These recommendations, and staff s recommended response, are as follows. . Recommendation 3. All municipalities and special district do extensive research on the facts and seek professional help to determine vesting issues. This work should be done by the end of 2007. Recommended Response: The Town will not implement this recommendation by the end of 2007, because it is not currently warranted. The Town will consider this recommendation after completing its actuarial study. If the study indicates that the issue could significantly affect the Town's future budget decisions, the Town will research the vesting issue, retaining professional assistance as needed. . Recommendation 4. The county, all municipalities and the special districts offering health care benefits consult with professional advisers to state clearly in employee and public communications whether retiree health care benefits are vested and the extent to which they can be changed, modified or eliminated. Recommended Response: The Town will not implement this recommendation because it is unwarranted at this time. This recommendation assumes the Town faces a significant problem with its retiree health care benefit liabilities, which the Town does not believe is correct. To the extent that the actuarial study indicates a potential future problem, the Town will consider addressing this issue in future union negotiations and benefit resolutions, but will not commit to doing so at this time. . Recommendations 5. Unless they are certain of the status of vesting for retiree health care benefits, no government entity should comment publicly on the question of vesting because doing so may create a vested right where none exists currently. Recommended Response: The Town will implement Recommendation No.5 by directing Town officials not to comment on the vesting issue. . Recommendation R6. The municipalities and special districts take immediate, aggressive steps to understand now the requirements of GASB 45 reporting and that these entities, included the county, begin using the information generated for GASB 45 in labor negotiations and budgeting. Recommended Response: The Town will not implement this recommendation because it is not currently warranted. The Town has until FY 2009-2010 to complete its actuarial study and begin the GASB 45-requried reporting. The Town will begin this process in the next fiscal year, well in advance of the deadline. That said, the Town will consider information generated for GASB 45 in labor negotiating and budget decisions. RECOMMENDATION The Town Council should review and approve the Town's proposed response to the Grand Jury's Report of June 20, 2006. EXHIBITS Proposed Response to Grand Jury Report Grand Jury Report of March 19,2007 Prepared By: Ann R. Danforth, Town Attorney Office of the Town Manager (415) 435-7383 June 7, 2007 The Honorable Lynn Duryee Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Ms. Karin J. Hem, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room 303 San Rafael, CA 94903 Re: Response to Grand Jury Report February 14, 2007 Disaster Preparedness Dear Honorable Judge Duryee and Ms. Hem: This letter explains in detail the Town of Tiburon's response to the Grand Jury Report dated March 19,2007. The Report directs the Town to respond to Findings Nos. 1 - 11 and Recommendations Nos. 3,4,5 and 6. These findings and recommendations involve a number of agencies other than the Town. The Town does not have sufficient information to evaluate the Report's accuracy with respect to these other jurisdictions. The Findings also involve conclusions of fact that the Town has little or no independent basis to evaluate. In responding to these findings, the Town assumes that the information in the Report is correct and relies on that information. Lastly, the Recommendations require action by agencies and individuals that are outside the Town's control. Accordingly, this letter is intended only to apply to the Report's recommendations insofar as they pertain to the Town. FINDINGS Finding 1: The Town agrees that health care coverage is a valuable benefit to attract and retain employees. Finding 2: The Town has not researched whether governments generally pay more of their compensation in the form of benefits than the private sector and the report offers little evidence in support of this finding. Nevertheless, it is consistent with the general practice of government employers to offer lower wages and enhanced benefits. Accordingly, the Town tentatively agrees with this finding, based on the assertions of the report. Response to Grand Jury June 7, 2007 Page 2 of 4 Finding 3: The Town agrees that most government entities providing retiree health care and other non-pension retirement benefits must disclose the future and accrued cost of the benefits to the public with the next four years, pursuant to GASB 45. Finding 4: This finding asserts that government budgets and union negotiations will be affected by the implementation of GASB 45. There is scant discussion of this finding in the report. It seems likely to be true with respect to agencies that have made commitments to employees that may consume more resources than the agency can afford, but untrue with respect to agencies whose commitments are more modest. Based on the information available to Town staff at this time, we believe that this finding is untrue with respect to the Town of Tiburon, but we will not know for certain until we have the results of our actuarial stuffy. Accordingly, the Town provisionally disagrees with this finding. Finding 5: The Town agrees that determining whether retiree health benefits are vested will require a fact-specific analysis. Finding 6: The Town agrees that some agencies have not researched whether retiree health care benefits and the manner in which they are calculated are vested. Finding 7: The Town agrees that public comments by government entities could result in creating a vested right where none previously existed. However, this will depend on the facts of each agency's circumstances. Finding 8: This finding states that unless government employers prudently manage the liability for retiree health care benefits, they will be forced to cut services, reduce benefits and/or raise taxes to satisfy credit agencies. This finding appears both highly speculative and unduly pessimistic. The Grand, Jury seems to assume that government employers have not historically managed their obligations with care. Accordingly, the Town agrees with the need to prudently manage these liabilities, the Town disagrees with the finding's prediction of catastrophic consequences, at least with respect to the Town. Finding 9: This finding states that financially weak government entities faced with staggering liabilities will be required to reduce benefits, raise taxes or reduce services and that failure to manage the liability could well result in bankruptcy for those entities. The Town disagrees with this statement in that it does not appear to apply to the Town. If all employees that currently qualify for retiree health benefits were to retire immediately, the annual"cost to the Town would be $48,000. This Response to Grand Jury June 7, 2007 Page 3 of 4 amount is not negligible, but the Town could absorb it without any of the drastic consequences predicted in the finding. This annual exposure will fluctuate; the Town's liability will increase as more employees become eligible for benefits, or for higher levels of benefits, and decrease as employees leave the Town pre- retirement and as retirees decease. Finding 10: The Town disagrees that it has not taken appropriate aggressive steps to understand and begin to comply with the requirements of GASB 45. The Town's budget for FY 2007-2008 includes the funds necessary to hire an actuarial for GASB 45. If the Town retains the actuarial in the next fiscal year, it will have ample time to meet is statutory deadline of compliance in fiscal year 2009-2010 (Heidi, please confirm deadline). Finding 11: The Town disagrees that its elected and appointed employees that manage the retiree health care liability are subject to a conflict of interest with respect to retiree health care benefits. The officials responsible for managing such benefits are the Town Council and the Town Manager. The Town Council does not receive any retiree health care benefits and the Town Manager's benefits are set by her employment contract. The Grand Jury has not asked the Town to respond to any other findings. RECOMMENDATIONS . Recommendation 3: The Town will not implement this recommendation by the end of2007, because it is not currently warranted. The Town will consider this recommendation after completing its actuarial study. If the study indicates that the issue could significantly affect the T9wn's future budget decisions, the Town will research the vesting issue, retaining professional assistance as needed. . Recommendation 4: The Town will not implement this recommendation because it is unwarranted at this time. This recommendation assumes the Town faces a significant problem with its retiree health care benefit liabilities, which the Town does not believe is correct. To the extent that the actuarial study indicates a potential future problem, the Town will consider addressing this issue in future union negotiations and benefit resolutions, but will not commit to doing so at this time. Response to Grand Jury June 7, 2007 Page 4 of 4 . Recommendation 5: The Town will implement this Recommendation by directing Town officials not to comment on the vesting issue. . Recommendation 6: The Town will not implement this recommendation because it is not currently warranted. The Town has until FY 2009-2010 to complete its actuarial study and begin the GASB 45-requried reporting. The Town will begin this process in the next fiscal year, well in advance of the deadline. That said, the Town will consider information generated for GASB 45 in labor negotiating and budget decisions. The Grand Jury has not asked the Town to respond to any other recommendations. * * * * * The Tiburon Town Council reviewed and approved this response on June 6 2007 at a duly noticed and agendized public meeting. If you have further questions on this matter, please do not hesitate to call. Very truly yours, MARGARET A. CURRAN Town Manager cc: T own Council Town Attorney Town Chief of Police TOWN OF TIBURON .P=O 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 6, 2007 Agenda Item: CC~fp STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation by Director of Community Development to Accept Grant of Public Access Easement over a Portion of the Tiburon Peninsula Club Property located at 1600 Mar West Street; APN 058- 171-17 & 058-171-76 Reviewed By: 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 decades ago through overgrowth of vegetation near Railroad Marsh. The Tiburon General Plan Downtown Element, in Program DT -s, calls for the re- establishment of this pathway. In June 2006, the Town entered into an Easement Agreement with the TPC regarding the timing and precise location of the easement, which could not be precisely determined at that time due to ongoing construction and site disruption. The TPC project is now approaching final completion and a public access alignment has been agreed upon and the grant of easement executed by the TPC. The Town Attorney has reviewed the Grant Deed of Easement. FINANCIAL IMPACT Staff sees no direct financial impact to the Town from acceptance of this easement. Initial clearing of vegetation from the easement and ongoing maintenance of the pathway will entail minor expenses and commitment from the Town's Public Works Department. RECOMMENDATION Staff recommends that the Town Council: Move to adopt the Resolution accepting the offer of public access easement. Exhibits: 1. 2. Draft Resolution of Acceptance Executed Grant Deed of Easement Prepared By: Scott Anderson, Director of Community Developmen~ RESOLUTION NO. XX-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING AN EASEMENT FOR PUBLIC ACCESS PURPOSES OVER PROPERTY LOCATED AT 1600 MAR WEST STREET, TIBURON (ASSESSOR PARCEL NUMBERS 058-171-17 AND 058-171-76) WHEREAS, in February 2005 the Town of Tiburon Planning Commission adopted Resolution No. 2005-02 approving a conditional use permit authorizing the expansion and renovation of the Tiburon Peninsula Club private recreational facilities located at 1600 Mar West Street. Condition No. 10 of Resolution No. 2005-02 required the conveyance of an easement for public access purposes across a portion of the Tiburon Peninsula Club property; and WHEREAS, on June 8, 2006, the Town of Tiburon and the Tiburon Peninsula Club entered into an Easement Agreement establishing, among other things, the general alignment of the easement and timing of offer and acceptance, said Easement Agreement being recorded as serial number 2006-0036668 in the Official Records of Marin County; and WHEREAS, pursuant to the terms of the Easement Agreement, the Tiburon Peninsula Club has now formally offered the grant of public access easement, executed on May 29,2007, to the Town of Tiburon for acceptance. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon Town of Tiburon hereby accepts said grant deed of easement and directs the Town Clerk to record it with the Office of the Marin County Recorder together with a certified copy of this Resolution. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Tiburon Town Council Resolution No. xx-2007 --/--/2007 EXIDBIT I ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. xx-2007 TOM GRAM, MAYOR TOWN OF TIBURON --/--/2007 2 AP# 058-171-17 (portion) AP# 058-171-76 (portion) This document is for the benefit of the Town of Tiburon Recording Requested, Return to: TOWN OF TIBURON ATTN: DIRECTOR OF COMMUNITY DEVELOPMENT 1505 TIBURON BOULEVARD TIBURON, CA 94920 DOCUMENT TITLE GRANT OF EASEMENT FOR PUBLIC ACCESS (with Resolution of Acceptance Attached) EXHIBIT J GRANT DEED OF EASEMENT The Southern Marin Recreation Center, Inc., a California Corporation doing business as the Tiburon Peninsula Club, ("Grantor"), the owner of real property situated in the Town of Tiburon, Marin County, California, said real property being described in attached Exhibit "A", does hereby grant to the Town of Tiburon, a municipal corporation ("Grantee"), an easement for public access purposes over a portion of said real property, said easement being more particularly described in Exhibit "B" attached hereto and incorporated herein. The easement area is graphically depicted for illustrative purposes on attached Exhibit "C". GRANTOR: SOUTHERN MARIN RECREATION CENTER, INC d.b.a. TIBURON PENINSULA CLUB By: ?L,4.~ Tom Packer Its: President of the Board of Directors ALL-PURPOSE ACKNOWLEDGMENT State of California County of J/I// ./7--1:( ( A./ On ,//[!CA,y ;). 1, J{) c' 1-' before me, f (DATE) / personally appeared 'j C,iA D personally known to me - OR - I~.~P::~:-.--f _@ c::....,. cur::=a J -, NlIc - CQIIon*> f Maftn CoIny - _ _ _ ~~_~~1:+- }ss. /9-/?~' ;/Jrf-c (c: ;;:~~ /;' l'r 2vJ;. 72 ;:-cc'y:z-t (NOTARY) SIGNER(S) [2(P~-oved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) o ~DIVIDUAL !:1r' CORPORAT7;PFFICER . /1\(/ Pz c&J~ T1TLE(S) I D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: !5 tl~/[)/ (1-f j/) pv?c>/>./( SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) - .' /l - r; ~(ftt~ /~"f-~-f vie'. C. (;-1..10 DESCRIPTION OF ATTACHED DOCUMENT /") . r' / i/?' I f L;.JW oj (2J-c;~-- /lY- //()~ (( TITLE OR TYPE OF DOCUMENT ! f r;,.kp~ It ;9-1 /-~ f C NUMBER OF PAGES ;- c: a...t- /1 'ff' If" f /i/{j/~7 )-- 27-(;J7.- DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER Q) Ci; .c C .~ J:l E E o 0. ~ APA 5/99 VALLEY-SIERRA. 800-362-3369 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, 189.2 in Book 21 qf Deeds at Page 221. Marin County Records; thence running along the Northerly line of said parcel North a90 '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 fine, North 180 51' 40" West 117.46 feet, North 110 23' 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: Be9inning at a %" iron pipe survey monument located at the Northerly corner of Lot 10 as said lot and monument are shown on the hereinabove referenced map; said point of beginning also being the Northerly comer of a 7.835 acre parcel described in 'Book 21 of Deeds at Page 221, Marin County Records; thence from said point of beginning 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. ' I-~ -- -~- I ~I .. I , I I Ire. i MUIR CONSULTING, n c . Surveying ~ Geographic Information Systems · G.P.S. May 8, 2007 Job No.: 2877-03 DESCRIPTION OF EASEMENT All that certain property situate in the Town of Tiburon, County of Marin, and being a portion of the Lands of the Southern Marin Recreation Center, more particularly described as follows: A 6' wide easement, lying easterly of the following described line: BEGINNING at the most northerly corner of Lot 8 as said lot is shown on that certain map entitled "Point Tiburon" filed for record on February .16, 1984 in Volume 19 of Maps at page 4 in the Office of the Recorder, Marin County; thence North 08049'09" West, a distance of 114.00 feet; thence North 30032'35" East, a distance of 138.49 feet; thence North 41011'14" East, a distance of 93.32 feet; thence North 06020'37" East, a distance of 267.03 feet; thence North 54036'59" West, a distance of 50.78 feet to the beginning of a non-tangent curve to the left, from which point a radial line bears South 67020'59" West, thence along said curve having a radius of 259.00 feet, through a central angle of 14054'53", an arc length of 67.42 feet; thence North 37033'53" West, a distance of 80.17 feet; thence North 22033'02" West, a distance of 25.58 feet, more or less, to a point on the westerly boundary line of Mar West Street, the easterly sideline of said easement being elongated or shortene4 to said Lot 8 and Mar West Street. A plat showing the above description is attached hereto and made part hereof. This description was prepared by me or under my direct supervision. rY'A-1 20D7 Page 1 of 1 EXHIBIT "B" EXHIBIT "c" MA TCH LINE - - - MATCH LINE - -- PORTION LOT 1 0 I\.~ 19 MAPS 4 ~. "tV .lv ,~ .",:>CO ~ ~ LANDS OF SOUTHERN MARIN RECREA TION CENTER PORTION LOT 10 19 MAPS 4 LOT 9 19 MAPS 4 / N89.36' 40"W o 1"=50' ~ MUIR CONSUL TING, INC. 460 N. YOSEMITE AVE., SUITE #9 OAKDALE, CA 95361 (209) 845-8630 FAX (209) 845-8639 www.muirconsulting.com Sub ject EASEMENT Job No. 2877-03 By JMS Date 05/08/07 Scale 1"=50' Sheet 1 Chkd. of 2 1"=50' ~ ~~. t~. (S). ~"S ~ ~~ ~. ~~.. ~~ ~ (S)o ? :,..\.. o ~ o~~ ~/ \9 t' '0 o 0 ~ (' p. ~ IS' ~ 1l'.. . cS' -!... lr. ~.. "S \ LANDS OF SOUTHERN MARIN RECREA TION CENTER 6' WIDE EASEMENT ;" o " co N W : I:'-. I"') o f\I co o z MATCH LINE - - - MATCH LINE - -- ~ MUIR CONSUL TING, INC. 460 N. YOSEMITE AVE., SUITE #9 OAKDALE, CA 95361 (209) 845-8630 FAX (209) 845-8639 www.muirconsulting.com Sub ject EASEMENT Job No. 2877-03 By JMS Date 05/08/07 Scale 1"=50' Sheet 2 Chkd. of 2 TOWN OF TIBURON ~ 1505 Tiburon Boulevard j Tiburon, CA 94920 T own Council Meeting June 2, 2007 Agenda Item: CC - t STAFF REPORT To: Mayor and Members of the Town Council From: Town Manager Reviewed By: Recommendation to Approve Solar Energy Proclamation as Requested by the Tiburon Belvedere Rotary Club ~ Subject: BACKGROUND The Tiburon Belvedere Rotary Club, a charitable organization, has formed a Solar Committee in the hopes of educating citizens of the peninsula about the benefits of solar energy and urging them to consider solar panels for their homes. As part of this effort, both the Town of Tiburon and the City of Belvedere have been asked to approve proclamations citing the benefits of solar energy use. Since Tiburon has the first public building in the county with solar panels and has already adopted a solar policy, it seems appropriate and consistent that the Town Council encourage the Rotary Club in its efforts to expand the use of solar energy throughout the community. Belvedere's Mayor has already approved a similar proclamation. FINANCIAL IMPACT There is no financial impact associated with this action. RECOMMENDATION Staff recommends that the Town Council: Move to approve the Proclamation. Exhibits: Proclamation Prepared By: Peggy Curran, Town Manager TOWN OF TIBURON PROCLAMATION IN SUPPORT OF THE TIBURON,BELVEDERE ROTARY CLUB SPONSORSHIP OF SOLAR ENERY PROJECTS AND USAGE IN THE TOWN OF TIBURON WHEREAS, solar energy conserves fossil fuel and reduces dependence on foreign oil; and WHEREAS, is easy to deploy and helps to keep our air clean; and WHEREAS, the financial return on an investment in solar energy is attractive and will enhance future property values; and WHEREAS, the Town of Tiburon adopted a solar policy in 2005 in order to encourage property owners to use this alternate energy source; WHEREAS, the Town of Tiburon was the first city in Marin County to install solar panels on one of its public buildings; WHEREAS, the Tiburon--Belvedere Rotary Club has expressed a desire to support the use of solar energy on the Tiburon Peninsula; NOW THEREFORE I, Tom Gram, Mayor of the Town of Tiburon, on behalf of the Tiburon Town Council, do hereby proclaim support of the Tiburon-- Belvedere Rotary Club sponsorship of solar energy projects and usage by residents and businesses in the Town of Tiburon. IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the Town of Tiburon to be affixed this day of 6th day of June 2007. TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 2, 2007 Agenda Item: C C'- ? STAFF REP()RT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation to Approve a Resolution Commending the Rotary Club of Tiburon-Belvedere on its 30th Anniversary Reviewed By: ~ I~ ____- BACKGROUND The Rotary Club of Tiburon-Belvedere is celebrating its 30th anniversary this month. Rotary International is a service organization of business and professional people. It was started in 1905 in Chicago and how has over 1.2 million members worldwide. Its members are dedicated to humanitarian and charitable causes and work on a variety of issues ranging from global health initiatives and world hunger to local school scholarships. A resolution commending the Rotary Club of Tiburon-Belvedere on the occasion of its 30th anniversary is being prepared and will be provided to the Town Council at the June 6, 2007 meeting. FINANCIAL IMPACT There is no financial impact associated with this resolution. RECOMMENDA TION Staff recommends that the Town Council: Approve the Resolution Commending the Rotary Club of Tiburon-Belvedere on the occasion of its 30th Anniversary. Exhibits: A resolution is being prepared and will be provided at the meeting. Prepared By: Peggy Curran, Town Manager TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 2, 2007 Agenda Item: AI- / ST AFF REPORT To: Mayor and Members of the Town Council From: Town Manager Subject: Recommendation to Approve Agreement to Convey Real Property with the Belvedere- Tiburon Library Agency Reviewed By: ~ BACKGROUND and ANALYSIS The Belvedere- Tiburon Library Agency (BTLA) has long anticipated the need to expand its 10- year-old facility. This need was confirmed through a recent Space Needs Assessment conducted by a consulting firm engaged by the BTLA, which concluded that a substantial expansion, essentially tripling the existing square footage, would be put to good use by the community. To accommodate this expansion the BTLA seeks the use of the land directly behind its current building, some approximate 16,000 square feet as indicated in Exhibit A of the Agreement. The land in question is zoned "public/quasi-public", and is identified as a potential expansion site in the Tiburon General Plan. Specifically, the Downtown Element, adopted in September of2005, sets forth a policy to "support an appropriate expansion of the Belvedere- Tiburon Public Library adjacent to Zelinsky Park" (DT-35). To facilitate a dialogue about the potential transfer of the property, the Town Council authorized a negotiating team, Vice Mayor Slavitz and Councilmember Fredericks, to meet with the BTLA Board. The outcome of those discussions is embodied in the attac~ed Agreement, which is presented for Town Council's consideration. The BTLA Board has already approved the Agreement. The Agreement sets up a two-stage transfer of the land. The BTLA has six years in which to raise the funds needed to construct the project. Once the BTLA notifies the Town that sufficient funds have been raised, the land will change hands. Also contained in the Agreement are reverter provisions whereby the land will conle back to the Town if the project is not constructed within five years of transfer, it ever ceases to be used as a public library, it is improperly transferred to a third party or there is dissolution of the BTLA. 'T'o\vn June 6, 2UCF FINANCIAL IMP ACT There is no cost to the Town for the transfer of the land apart from the value of the land itself. Staff initially sought to determine the value of the property through an appraisal, even thought it was likely that the property would be partially or entirely gifted to the BTLA as a pubic entity offering substantial community benefit. After consulting eight different appraisers, staff reached the conclusion that, while the property has some monetary value, any imputed sale price would be highly speculative due to the lack of comparably zoned land. Because of this, and that an appraisal is not required when Town land is used for a public purpose such as a library, the negotiating sub-committee and staff determined that commissioning an appraisal would not be particularly helpful or a prudent use of funds. Through the Agreement the BTLA indemnifies the Town against any lawsuits that might arise from this use of the property. BTLA assumes all responsibility for developing the land including proceeding through the development approval process, resolving any existing conditions that might be found on the site, creating necessary parking and so forth. The Agreement does not obligate the Town to provide any further contribution to the project beside the land itself. It also provides that the BLTA shall give the Town priority over other non-Library users in the use of meeting spaces, which will be provided to the Town at no cost. The City of Belvedere has informally indicated its intention to contribute to the project, but the amount of such a contribution is not known at this time. RECOMMENDATION Staff recommends that the Town Council: Approve the "Agreement to Convey Real Property" as presented. Exhibits: Agreement to Convey Real Property Prepared By: Peggy Curran, Town Manager RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Town of Tiburon Town Clerk 1505 Tiburon Blvd. Tiburon, California 94920 APN: 058-171-62 (portion) SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE (Exempt from recording fees pursuant to Government Code Sections 6103 and 27383) AGREEMENT TO CONVEY REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into this day of , 2007, by and between the TOWN OF TIBURON, a municipal corporation ("Town") and the BELVEDERE-TIBURON LIBRARY AGENCY, a joint powers agency ("BTLA"). RECITALS A. Town is the owner of certain real property situated in the Town of Tiburon located generally at 1503 Tiburon Boulevard, more particularly described in Exhibit A, attached hereto and incorporated herein by reference ("Property"). B. BTLA owns and operates a public library ("Library") at 1501 Tiburon Boulevard, adjacent to the Property. The Library is very popular and demand for its use exceeds its current size and capacity. C. BL T A wishes to expand the Library and is in the process of designing a physical expansion ("Project") and fundraising for its construction. BLTA has requested that the T own contribute the Property for the Proj ect. T own is willing to convey the Property to BTLA subject to the terms and conditions of this Agreement. AGREEMENT NOW THEREFORE BASED UPON THE FOREGOING RECITALS AND THE COVENANTS AND CONDITIONS SET FORTH BELOW, THE PARTIES HEREBY AGREE AS FOLLOWS: 1. Aereement to Convey the Property: Town will convey title to the Property to BTLA for the sole purpose of public library use as set forth herein. For purposes of this Agreement, "public library use" shall include accessory parking, landscaping and lighting improvements. 1 A. When BTLA has completed the design and raised sufficient funds to proceed with construction of the Project, it will so notify the Town in writing. B. Within sixty (60) days of receiving said notice, Town will convey title to the Property to BL T A. The deed of conveyance will contain the conditions and restrictions set forth in this Agreement. C. In the event that BL T A has not completed the design and fundraising for the Project and provided the Town with the notice specified within six (6) years of the date of this Agreement, this Agreement shall terminate and be of no further force and effect. ' D. The Town makes no representations or warranties regarding the Property. Prior to conveyance, the Town will afford BTLA reasonable access to the Property and records pertaining thereto to perform inspections of the physical condition of the Property and the Town's title to it. The Town hasperformed no such inspections and does not intend to do so. The Property will be conveyed to BTLA in an "as-is" condition. 2. Reverter: Title to the Property will revert back to the Town upon the occurrence of any of the following events: A. Failure of BTLA to begin construction of the Project within five (5) years of the date of the conveyance of the Property. B. Failure ofBTLA to diligently pursue and complete construction of the Project after construction has begun. C. Failure to continuously use the Property ,for public library use after completing construction. Notwithstanding the foregoing, the property will not revert to the Town for any interruption in public library use caused by fire, earthquake or other event beyond the control of BL T A, provided that BTLA acts promptly and diligently to reinstate public library use and provided that public library use is reinstated within two (2) years of the date of interruption. D. Dissolution of BL T A. E. Transfer of the Property to any other entity or agency without the Town's prior written permission. F. A finding by a court of law that the Property has been used in any way that has violated applicable legal restrictions on its use. 3. Indemnity: BL T A will indemnify, defend and hold harmless the Town and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or payout as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement; (ii) the transfer of the Property pursuant to this Agreement; and (iii) the use of the Property. 4. Town Use of BTLA Space: Following completion of the Project, BLTA shall give the Town priority over other non-Library users in the use of meeting spaces in the Library facility, and shall provide such spaces at no cost to the Town. 2 5. Covenants Run With the Land: All of the provIsIons, agreements, rights, powers, standards, terms, covenants and obligations contained in this Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons acquiring the Property, or any portion thereof, or any interest therein, whether by operation of Laws or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this Agreement shall constitute covenants running with the land pursuant to applicable law. 6. Recordation: All parties shall execute this Agreement with appropriate attestations so that the Agreement may be recorded with the County Recorder of the County of Marin, State of California. Upon full execution of this Agreement, the Town shall cause this Agreement to be recorded in the official records of the County of Marin, State of California. 7. Governin2 Law: Venue: The laws of the State of California shall govern all questions with respect to this Agreement and the rights and liabilities of the parties hereto. The County of Marin shall be the venue for resolving any dispute that arises under this Agreement. 8. Attornev Fees: In the event of any controversy, claim or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. 9. Entire A2reement: This Agreement contains the entire Agreement of the parties hereto concerning the subject matter herein, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between the parties hereto, relating to the subject matter contained in this Agreement, which are not fully expressed herein. 10. Additional Documents: The parties hereto agree to execute any and all additional documents and instruments necessary to carry out the terms of this Agreement. 11. Notice: Any notice to be given or other document or documents to be delivered to either party by the other hereunder may be delivered in person or may be deposited in the United States Mail in the State of California, duly registered or certified, with postage prepaid, and addressed as follows: BTLA: Library Director Belvedere- Tiburon Library 1501 Tiburon Boulevard Tiburon, California 94920 Town: Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, California 94920 3 Any notice or other document sent by registered or certified mail as aforesaid shall be deemed to have been effectively served or delivered at the expiration of five (5) days following the deposit of said notice or other document in the United States mail. 12. Assienment: Neither party shall assign this Agreement, nor any interest herein, without prior written consent of the other party. 13. Appraisals and Administrative Costs: BTLA shall pay for all reasonable costs necessary to complete the transfer and/or termination of property interests specified in this Agreement, including, without limitation, the costs of any title reports, appraisals and administrative hearings necessary to complete the transactions. 14. Modifications and Amendments: This Agreement may be modified or amended only by a written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed as of the date indicated next to the authorized signatures of the principals, members or officers of each of them, as appear below. TOWN: BTLA: By: Margaret A. Curran Town Manager APPROVED AS TO FORM: APPROVED AS TO FORM: Ann R. Danforth, Town Attorney 4 EXHIBIT A Legal Description of the Property 5 N I I Exhibit" A" (Preliminary Graphic) _________ Proposed circle / /'------- turnaround /' .~ // /' Property Line ;' , \J'J a.tef / r\e 0\ . .. /' A d / €.I.i~. . . /' ~ ssume Edge I -.- /' ~ ",. 96V \ 2e\\nsv...'l ~ \ parv... H- '\ \ rt"opE ./ - I , I I ~ ~ \ \b{af'J 1.butOfl . \.-. eeNedere- \ II 1/ 1/ II J..- I /I fJj ,. II IE I /I C/J__, L----~' C/) ~ Approximate boundaries of parcel to be described in Exhibit "A". Legal description is being prepared by a licensed surveyor. Parcel size will be approximately 16~OOO square feet. ---- -~ ----- ----- ---- Approximate Parcel Boundary TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 6, 2007 Agenda Item: A-I- 2 STAFF REP()RT To: Mayor and Members of the Town Council From: Town Manager Town Attorney Subject: Recommendation to Approve Resolution of Intention to Participate in the Marin County Tourism Business Improvement District Reviewed By: ~- BACKGROUND The Town's two hotels, The Lodge at Tiburon and the Water's Edge Hotel, have requested that the Town form a Business Improvement District to fund partnering with the Marin County Tourism Business Improvement District ("MCTBID") to promote tourism in the Town. This organization operates as the Marin County Visitors Bureau (MCVB), with seven participating cities: Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, San Anselmo and San Rafael. The MCTBID would be funded through a 1 % self-assessment paid by the hotels. This is over and above the Transient Occupancy Tax that currently flows to the Town, a portion of which in turn flows to the Chamber of Commerce to support their promotional efforts. The Town was invited to participate in the MCTBID upon its formation by the Marin County Board of Supervisors in 2003. At that time the Council decided against participation because the community was divided in its support. Chamber of Commerce opposed it, believing the Town would receive more benefit by creating a purely local BID. Since that time the Chamber has abandoned its plans for a local BID and now supports this effort, as do both of the Town's hotels (see Exhibits A and B). Staff also believes this is a prudent action for the Town: the dollars collected will supplement, rather than deplete, existing resources and the Town and its businesses will benefit from the MCVB's sophisticated marketing efforts. Collecting entities, which the Town would be in this instance, are entitled to retain 1 % of the collection to cover administrative costs. PROCESS If the Council wishes to have the town join the MCTBID, the process is as follows: Town Council Meeting June 6, 2007 1. The Council passes the attached resolution stating that the Town intends to establish the Tiburon Tourism Business Improvement District ("TTBID") and directs staff to mail a joint notice for a public meeting and a public hearing. 2. Within 7 days of adopting the resolution of intention, the Town mails the joint notice to and a copy of the approved resolution to all hotel businesses that would be assessed to fund the TTBID (The Lodge at Tiburon and the Water's Edge Hotel). 3. The Town publishes the approved resolution and notice in a newspaper of general circulation, for at least 7 days before the public hearing. 4. The Town Council holds a public meeting on the TTBID, opening the item for discussion, but taking no action. 5. At least 45 days after the adoption of the resolution of intention, the Council holds the public hearing to take testimony on the TTBID and implementing ordinance. If there is no majority protest (50% or more of the affected hotels, weighted by assessment), the Council passes first reading of the ordinance. 6. At its next meeting, the Council holds a public hearing for second reading and adopts the ordinance. 7. The Council appoints an advisory board (this can be done any time after adoption of the ordinance forming the TTBID). 8. The Town contracts with the Marin County Visitors Bureau for services, paying with the hotel business assessments paid by the hotels pursuant to the TTBID ordinance. RECOMMENDATION Staff recommends that the Town Council: Approve the Resolution of Intention to participate in the Marin County Visitors Bureau. EXHIBITS A. Letter from Water's Edge Hotel B. Letter from The Lodge at Tiburon C. Resolution of Intention D. Notice of Proposed Assessment Prepared by: Peggy Curran, Town Manager TO\\'N OF TIBl TRON Page 2 of 2 Exhibit A WATERS EDGE hot e I tiburon September 27, 2006 The Honorable Paul Smith Mayor, Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 I'" Dear Mayor Sm ith: The Marin County Board of Supervisors approved the formation of the Marin County Tourism Business Improvement District (BID) in May of 2004. Currently the BID includes seven communities; Novato, San Rafael, San Anselmo, Larkspur, Corte Madera, Mill Valley, and Fairfax. As a self-assessment, the lodging properties within these communities contribute 1 % of their gross room revenue to fund the BID, which is administered by the Marin County Visitors Bureau (MCVB). The MCVB has demonstrated a pro-active and responsible approach in promoting the BID communities and Marin County. . I I The Waters Edge Hotel welcomes the opportunity to partner with the MCVB in promoting Marin County, the BID communities, and the Town of Tiburon. The dedicated source of funding for tourism promotion will provide economic benefits for the entire community. Therefore, we support and encourage the Town of Tiburon's inclusion within the Marin County Tourism BID. Joie de Vivre Hospitality respectfully requests your consideration and action on this important issue. If you have any qu~stions, please feel free to contact me at 415-364-5586. Si~C;reIY,. 1/. ~naht~ Karlene Holloman Regional Vice President, Operations Joie de Vivre Hospitality 25 Main Street Tiburon California 94920 Direct 415.789.5999 Fax 415.789.5888 Reservations 877.789.5999 www.marinhotels.com y ~J ~ THELODGEATTIBURON Exhibit B 'j ~. f,' April 12, 2007 t~~ "" ! \ Ms. Peggy Curran T own Manager 1505 Tiburon Blvd. Tiburon CA 94920 RE: Marin County Visitors Bureau Application Dear Peggy, The Marin County Board of Supervisors approved the formation of the Marin County Tourism Business Improvement District (BID) in May of 2004. Currently the BID includes seven communities; Novato, San Rafael, San Anselmo, Larkspur, Corte Madera, Mill Valley and Fairfax. As a self assessment the lodging properties with in these communities contribute 10/0 of their gross room revenue to fund the BID which is administered by the Marin County Visitors Bureau (MCVB). The MCVB has demonstrated a pro/active and responsible approach in promoting the BID Communities and Marin County. The Lodge at Tiburon welcomes the opportunity to partner with the MCVB in promoting Marin County, the BID Communities, and the town of Tiburon. The dedicated source of funding for tourism promotion will provide economic benefit for the entire community. Therefore, we support and encourage the town of Tiburon's inclusion within Marin County's Tourism BID. Larkspur Hospitality Co. respectfully requests your consideration and action on this important issue. If you have any questions, please feel free to contact me directly at 415.435.6869. ' W..arm Reg.ards",.-----" L(;" ^ \ ,\ ~/ . . ^ ) -+ I -'-......."~. ~ -'-~ Gregory~tinez ("::S Director of Sale &: Marketing The lodge at Tiburon cc: Ken leon, CHA, Executive Vice President Mark Essman, Executive Director, MCVB 1651 TIBURON BLVD. TIBURON, CALIFORNIA 94920 T 415.435.3133 F 415-435.2451 WWW.THELoDGEATTIBURON.COM I ~:... LA H K S P L Jt Exhibit C RESOLUTION NO. XX-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN SUPPORT OF THE ESTABLISHMENT OF A TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT (TTBID) AND THE LEVY OF ASSESSMENT OF LODGING ESTABLISHMENTS WITHIN THE TTIBID WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et seq., authorizes counties to establish parking and business improvement areas for the purpose of promoting tourism; and WHEREAS, the County of Marin Board of Supervisors formed the Marin County Tourism Business Improvement District (MCTBID) in 2003 in order to improve off-season and mid-week business at the request of several lodging businesses located within the County of Marin, which program is administered by the Marin County Visitors Bureau ("MCVB"); WHEREAS, the Lodge at Tiburon and the Water's Edge Hotel, the Town's two lodging businesses, and the County of Marin, have requested that the Town form a Business Improvement District to participate in the MCTBID and MCVB' s County-wide effort to improve lodging business; and NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby resolve, determine, and find as follows: Section 1. The recitals set forth herein are true and correct. Section 2. The Town Council has declared its intention to form the Tiburon Tourism Business Improvement District (TTBID), whose boundaries are the Town's borders; Section 3. The name of the district shall be the Tiburon Tourism Business Improvement District (TTBID); Section 4. The TTBID proposes to join with the MCTBID and contract with MCVB to administer marketing programs to promote mid-week and off-season overnight lodging business, to promote the TTBID as an overnight tourism destination, and to fund proj ects, programs, and activities that benefit lodging establishments within the TTBID, including management and visitor services. Section 5. The assessment is proposed to be levied on all lodging establishments, existing and future, within the TTBID based upon 1 % of gross room rental revenue. The TTBID projected annual assessment revenues in year one total approximately $44,450. The assessment is Page 1 of 4 proposed to be 1 % of the gross room rental charges for the following reasons: a. An assessment based on percentage is most fair to lodging establishments because it will cost smaller, lower service level and perhaps more inexpensive lodging businesses less money than it will cost larger, perhaps higher service level and higher room rate lodging businesses. b. Benefits received by the assessed lodging businesses may be proportional to their assessment, depending upon programs implemented. c. An assessment based on percentage will result in revenues that rise and fall in reflection of greater and lesser business in an overall up or down tourism market and world economy. d. An assessment based on percentage is direct, and easy to understand and calculate. Section 6. New hotels within the boundaries will not be exempt from the levy of assessment pursuant to Section 36531. Section 7. Except where funds are otherwise available, the lodging business assessment will be levied annually to pay for all improvements and activities within the TTBID, in keeping with the "Marin Visitor Network Strategic Plan for the Marin County Tourism Business Improvement District" and contract between the County of Marin and the Marin Visitor Network for specific lodging-related and visitor services. These include, but are not limited to, Wed-site construction and maintenance, including assessed hotels, operation of a visitor center that will promote mid-week and off-season overnight lodging; Management/ Alliances/Board of Directors; Research; Sales in Target Markets, and Administration & Personnel. Section 8. The Tiburon Tourism Business Improvement District shall collect the assessments from the lodging businesses within its jurisdiction and forward the assessments to the Marin County Tourism Business Improvement District in a method jointly approved by the TTBID and the County. The TTBID may deduct from the assessment totals its actual costs of collection and forwarding to the MCTBID. Section 9. The MCVB budget and work program for MCTBID and TTBID shall undergo annual review by the city councils of Larkspur, Mill Valley, Novato, San Rafael, Sausalito, and the town councils of Corte Madera, Fairfax, San Anselmo, and Tiburon. The MCTBID-based budget and work program shall be approved annually by the Marin County Board of Supervisors. Section 10. The Town of Tiburon shall appoint the Advisory Board as described in Section 36550, with full consideration of the recommendations of the lodging industry and MCTBID. Page 2 of 4 Section 11. The time and place for the public meeting for comments on the proposed TTBID is set for 7:30 p.m. on June 20, 2007, at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon CA 94920. Section 12. The time and place for the public hearing to establish the TTBID and the levy of assessments is set for 7:30 p.m. on August 15,2007, at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon CA 94920. Section 13. At the public hearing, the testimony of all interested persons for or against the establishment of the TTBID, the extent of the TTBID area, the types of lodging businesses to be assessed, or the furnishing of specified types of improvements or activities will be heard. Section 14. A protest against the TTBID or any aspect of it may be made in writing. To count in the majority protest against the TTBID, a protest must be in writing. A written protest may be withdrawn from writing at any time before the conclusion of the public hearing. Each written protest shall contain a written description of the lodging business in which the person signing the protest in interested, sufficient to identify the business and its address. If the person signing the protest is not shown on the official records of the County of Marin or Town of Tiburon as the owner of the lodging business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the business. Any written protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to which objection is made. Written protests should be mailed to the Town Clerk, 1505 Tiburon Boulevard, Tiburon CA 94920. Section 15. If, at the conclusion of the public hearing on August 15, 2007, there are of record written protests by the owners of the lodging businesses within the TTBID that will pay fifty percent (50%) or more of the total assessments of the entire TTBID, no further proceedings to created the TTBID shall occur. New proceedings to form the TTBID shall not be undertaken again for a period of at least one (1) year from the date of the finding of the majority written protest by the Tiburon Town Council. If the majority written protest is only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the TTBID. If there are no written protests by fifty percent (50%) or more of the owners of the lodging businesses within the TTBID, the Council will introduce an ordinance to establish the district. The second public hearing of that ordinance will be on September 5,2007. If the ordinance is adopted, the district will be formed. Section 16. Further information regarding the proposed Tiburon Tourism Business Improvement District (TTBID) may be obtained from Margaret A. Curran, Town Manager, 1505 Tiburon Boulevard, Tiburon CA 94920, telephone (415) 435-7373. Page 3 of 4 Section 17. The Tiburon Town Council supports the establishment of the TTBID within the legal process set forth above. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on June 6, 2007, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 4 of 4 Exhibit D NOTICE OF PROPOSED ASSESSMENT TO ESTABLISH THE TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT NOTICE IS HEREBY GIVEN that on June 6,2007, the Town Council (the "Council") of the Town of Tiburon (the "Town") adopted a resolution of intention to establish the Tiburon Tourism Business Improvement District ("TTBID") and levy an assessment on lodging establishments within the TTBID as set forth in said Resolution of Intention. The resolution is attached hereto and hereby incorporated into the notice. NOTICE IS HEREBY FURTHER GIVEN that at 7:30 p.m., on Wednesday, June 20, 2007, at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon CA 94920, a public meeting shall be held pursuant to Government Code section 54954.6 to allow public testimony regarding the establishment of the TTBID and the levy of assessments therein as set forth in the enclosed resolution of intention and pursuant to Government Code section 54954.6. NOTICE IS FURTHER GIVEN that 7:30 p.m., on Wednesday, August 15,2007, at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon CA 94920, has been set as the time and place for a public hearing at which time members of the Council propose to enact the proposed assessment as set forth in the Resolution of Intention and pursuant to Government Code section 54954.6. NOTICE IS FURTHER GIVEN that 7:30 p.m., on Wednesday, September 5, 2007, at the Town Council Chambers, 1505 Tiburon Boulevard, Tiburon CA 94920, has been set as the time and place for a second public hearing at which time members of the Council propose to adopt an ordinance establishing the district. Assessment: An assessment is proposed to be levied on all lodging establishment with the TTBID boundaries. The assessment is proposed to be 1 % of the gross room rental revenue. It has been determined, in consultation with the lodging industry in the Town of Tiburon that an assessment of 1 % gross room rental rates is the fairest method for all lodging businesses and the most accurate measure of the benefits to be received by each lodging establishment within, and from the activities of, the TTBID. Estimate: The estimated amount of revenue to be raised by the assessment in the first year is $44,450. Purpose: The TTBID proposes to fund projects, programs and activities that benefit the lodging establishments within the boundaries of the TTBID as an overnight tourism destination, plus the provision of tourism management and visitor services. Collection: The Town of Tiburon shall collect the assessments from the lodging businesses within its jurisdiction and forward the assessments to the Marin County Tourism Business Improvement District ("MCTBID") in a method jointly approved by the Town and the County. The Town may deduct from the assessment totals its actual costs of collection and forwarding to the MCTBID. Protest: Upon receipt by the Council of written petitions of the owners of lodging businesses in the area who would pay 50 percent or more of the annual assessments levied, the assessment shall be abandoned. Should you desire to mail a protest against this assessment, the address is: Tiburon Town Council c/o Tiburon Town Clerk 1505 Tiburon Boulevard Tiburon, CA 94920 Information: Should you desire additional information about this assessment, contact: Margaret A. Curran, Town Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dated: xxxxxx, 2007 Diane Crane Iacopi, Town Clerk TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 6, 2007 Agenda Item: f:rlf _ I STAFF REPORT To: Mayor and Members of the Town Council From: Director of Administrative Services Reviewed By: Introduction of FY 2007-08 Municipal Budget &1. Subject: BACKGROUND A draft of the Fiscal Year 2007-08 Municipal Budget is attached for your consideration. It includes a cover memorandum from the Town Manager that summarizes its key elements. Staff will make a presentation on the proposed budget at the June 6 Council meeting and answer any questions. The final draft will be brought to the Council for adoption at the June 20, 2007 regular meeting. RECOMMENDA TION Staff recommends that the Town Council: Hear the report by staff summarizing the proposed FY 2007-08 Municipal Budget. Exhibits: Draft FY 2007-08 Budget Prepared By: Diane Crane Iacopi, Town Clerk c.... c: :J CD en ~ I\.) o o ~ -I Q(:;c"!' ~ -u :J ~ ., o 0 (lJ -c -h cO-l C. en -- co CD 0- CD C. ~ r-+~O -UC:J Q):JI\J :J --0 $2 _{mO -c.~ Q) -- 1\5 o o (Xl )-,".-:.,. ~- -,'.--.t. ,- . ,"; ,'" '-":". ',- .. :::~:;:\~,{_:i~~_:::,,:;,. - ('--_:::,T_:;',>':~:'" - :,:">c~'<<~>,: :- ..-::.i-:_ .-)?~:< . "_",'-'C"c'j ."",- -I o ~ I>> - )> -a -c ~ o -c ~ -. I>> ~ -. o ::s fn . . -tit N o '- ..Ii. = ~ ~ ~ --... --... ~ o ~ c.n ... o o o '0 o o - -a. o '0 o o ... o o o ~ -a. .9' o o ~ o o o ~ N 01 b <<:) <<:) b <<:) <<:) ~ w o ... o o ~ o <<:) <<:) ~ N o ... o o o ... o o o '-'0 -M-a SA CD ~ enil CD!:t .. ::s ~ce =m c a- ce !l o - 1:J ~ -M W k C>> b o o ~ .-.. -c en::s .. '0.. ~CD ~ca 8a oc ~::s a- -. ::s ce ;"'<:<S,"/'{s--:':\ ;_.~t"::~c{i,,::;"; t:::..}?~:.<_:; , ::'~,;,r'-<- '-"0 ~CD .. CJ" 0.... CO(/) jIICD ~ .;! ~ -. ......n CD ::0 o )> .-. -M .9' (II o o ~. ",,- r o :J to 0:::0 . Q) ~c5 o CD -0 or :J G> CD CDlj ~iil ....Ji,. _ ~" o C :J a. -0 ~. ~2 ....Ji,. ~() i\Jen 00 ~...,. -0 O..L. (J) o o =E r c;: ~DJ :~ ~c... o -0 )> d ~ o "1jti . c CD m:J ~a.a.. o :::I: o c ~. :J to r- o .:1; .~ 0.0 ia.. o -- CD oc5 D1 ......0 r+ 0...... -n CD c - :J :J 0.0 o 3 CD () o 3 "tJm CD 0:J3 . en "tJ ~m- *6t~ Q.. CD 1"0'!. .I;;{;/ "I'i' 'w..",_ r- Q" ~m OCD . CJ) -..JQo cft.-o CD 3 fj "'0 a ~"'C mCD ~~ cft.~ r>> ~ CJ) I 1\)0 . :< m ~Qo o )> (Q CD :J ~ " ::" i1 ~5 '#.2'. m CJ) () if ca (11(1) . CJ) ~O' 0...... .., (J) (1) s. Q ~ CJ) ~i -..Ja cft.m r>> 3 ~. CJ) ~ ~.., ~~ cft.(fi i ." i" CJ) I\)Qo en" .....0 0 0...... & e= ca CJ) '"-'~>>~ en c "'C "'C - ~ ar .... =..-.JII ~...,.:"<n CD ;! (IS- CD (It o I>> "'C N -. . if w- ~O c ... ii" '< 1:J 01. ~...,a d'. ~::s o ::s !. i.,K'~ ~ ~ ~ ~ ~ ~ ~ ~ ~ I'.> I'.> W W CJ1 " g " CJ1 " CJ1 0 0 0 0 0 0 0 0 0 0 0 0 0 " 0 " " 0 " 0 ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 )> ;41'.> -.0 Q.O "'CO) m25 Cit--..J a. ......... I'.> o o I'.> 25 w I'.> o o w ~ I'.> o o ~ 25 CJ1 I'.> o o CJ1 25 0) o D>> "C i o c ... ii '< m CD ::s CD ::ft t1 en c "'C '"0 - i- AD en CD ;! rr CD UI "tI CD Ul o ~ ::s !. ~ ~ ~ ~ ~ -EI=) -EI=) ~ ~ I\) I\) w W 01 0 (n '"0 01 '"0 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -0 '"0 '"0 0 b b ~ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~a ~ ~a ~a v ~ ')f ~a f2 ~ ~ ~a ~ ~ (5' ~ Va. ~> ~ ~~. ~. ~t& ~ ~a v> fl <9~ .l'-a ~o \S'6l ~ . I \ \ \ . , \ I I r r 0 m en D) CD C "'C ::s " i CD "'C ::::!I - -. - 11 I 0 c go ... Dr en '< CD < r)" CD tn "-'- ~ 6/066 ~ Z6/~66 ~ €6/Z66 ~ + v6/€66 ~ ., S6/v66 ~ < CD ::s 96/S66 ~ c CD tn t L6/966 ~ 96/L66 ~ m >< -c ,66/966 ~ CD ::s Q. -. OO/6.66~ ... c ... CD tn ~O/OOOZ ZO/ ~ OOZ €O/ZOOZ VO/€OOZ SO/vOOZ 90/S00Z (paledlolluV) LO/900Z (pasodoJd) 90/ LOOZ -EIt -EIt . -EIt -09 -09 -09 -09 N W .,f:l.. 01 m -..J (X) b b b b b b b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 b b b b b b b 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ",-, ~ ~ ~ ~ ~ ~ ~ I\) U) ~ 01 0') ...... 00 -0 -0 -0 -0 -0 b -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -0 b b b b b b 0 0 0 0 0 0 o. 0 0 0 0 0 0 0 ~ 6/066 ~ Z6/~66 ~ €6/Z66 ~ t v6/€66 ~ l < S6/v66 ~ CD ::s c 96/S66 ~ CD tn t L6/966 ~ m >< 96/ L66 ~ "C CD ::s 66/966 ~ Q. -. ~ c ... 00/666 ~ CD tn ~O/OOOZ ZO/~OOZ €O/ZOOZ vO/€OOZ SO/vOOZ 90/S00Z (pasodoJd) LO/900Z ...~'''''~ N o o N o W -tit -tit -M -M -M -M -M -tit -tit -M -M ... (II (II en en .---- ---- CO CO U) U) 0 .. ~ .. .. .. .. .. .. .. ~ ~ 0 (II 0 (II 0 (II 0 01 0 ell 0 0 0 0 0 0 0 0 0 0 I 0 0 0 0 0 0 0 0 0 0 0 .. ~ .. .. .. .. .. .. .. ... .. 0 0 0 0 0 0 0 0 0 C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N o o w ........ Q ... N o o ~ o 01 N Q o (II ........ o en N Q o en o .....a / / / ~ N o o ---- ........ o CO ." ~ ~ "" '" "" "" "" ~ "" "" "" ..... 01 01 en en ---a ---a CO CO CD CD 0 .. .. ~ .. .. .. .. ~ .. .. ~ 0 01 0 01 0 01 0 01 0 QI 0 0 0 0 0 0 0 0 0 0 0.. I:) 0 0 0 0 0 0 0 0 0 CD 0 .. .. ~ .. ~ .. ' .. .. ~ ..- ~ 0 0 0 0 0 0 0 0 0 CD 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 0 N C5 W N 0 0 W ........ 0 .,. N 0 0 .,. ........ 0 01 N )> 0 ::J 0 ro+ 01 Q: ........ -C # 'U 0 .., # m en 0 # CD 'U # c.. 0 # en # N CD 0 c.. # 0 "T1 # en -< . C5 ~ ---a 0 0 ~ N 0 0 ....... 0 OJ ---a c C5 c.. (C CO CD ro+ w-g !Do w= ~n o (I) N '" :-t.C .tr ........0 -<:., 0........ -. n :E o ... rI ~co ~(I)O CJ1<3 ........0 (I) 0........ 0 3 -c C 3 2. !~ .. N~ !\'a. ~3 ?f!- -. :s -. tn .. D1 .. o. ~ " ,,""'- C :::;. " CD ;" a o ..., 0" .... )> a.. . 3 '. :r f[ iil ~. Cii en, CD :2 20. ' en ,,:'::~~ I; ~ca en iii. ~ii" o I:Z <. CD -t NO ~~ '#.:J: m Ci)-t CD 0 :2 &t CD - i1 m -C "'0. C(Q ::I CD a.rr -a* OJ') ~CD -. CO o --a ::I W .. .. *G) ...01 W G) G) CO W o .... o r- CD ca ~m W- . en co CD '#.~ n. CD CI) ~ 3 w -. co= o iii. ~q o m ct. o = z o = ~C ~CD ."'C Nm '#.g CD = !t >'>'- -I a et OJ c a. (Q ~ . . ~ I\.) (0 00 ~ ~ m CJ1 OJ ~CD o :J ~CD '#.::!'! (it en Q) iU N~ ~Qo ~~ o Q) co CD en en c:: "'C "'2. 0) ar CQ/m .i\l.....~ ~.o......,en ,... CD ~o o CD en (') m "'C ~ ii" U) - ~o o C ,.... Q) ~ (J) Q) iii' w~ :"Qo ~ ~~ o ~ CD tJ) -I sa. !!!. m t: a. (Q ~ -69 ...:. ~ I\.) ...:. ~ Q) c.n ....Ji,.OJ WCD . :J .,J:ll.CD ......0 :::!! 0...... (it (J) C '"C -s!. .,J:ll. Cir mtJ) . Qo m ~(J) o CD < ci" CD tJ) (") D) "'0.. !'> ife,;' w- ~o o C ..... Q) '< ,';;o.Q.~ . . . - G)O:J )>. "'., 0.....".,......... eo ... ..,.. en 0)<>\$ tD ~. .~ ~ N CD W~a. -- QoOC) ~ ::J 0 01~;a )>~Q1 na.n c: 0 c: t\) t\) .., -c - Dr CD r - ..., CD en~eo r+ -- Dl c: 0 _ a.:Jen '< ~ CD :::0 s. co. 0.......... < co. ffi- en :E tD c: a. eo CD r+ () ::T D) ::J co CD en -t, a 3 11 -< N o o 0> I o ---.J ..., ".,- r -, ~ 0 tI1 ~ ~ ~ (t) (t) (/.l I - "<~- -u ii" ::s ::s .. ::u -. --..CD::S . < fa W -. I!!I& ......0 CD ..... o~ ~ C CD (I>> cD" ::s m c -" s: (JI S" ~(Q ~5" ~(I>> o '"C CD (') cr. o ::s ~ < I>> ::s ~(') " CD NO. 'ffl.-u ii" ::s :s = fa ,",,- ci ...... at aJ c: a. (Q ~ -fit ...... i\J ...... Q) o ~ m ...,Jo,OJ -....I CD . :J co CD ......0 :::!'! 0...... en en Q) or CJ1~ ~Qo m ~~ o Q) CC CD en en c "C ""2- 1\.)' Cir CJ1en 00$20 ~cn o CD < c)" CD (f) o -8 ...,Jo, ::;: . Q) -....I - ~O o C ro+ ~ ,,,,- . . . Ncn o \:J Q) :J 0,.. ,...',. i'" _.Q)~ :J ...' ....1. I CO CD 0 00< -, -+- CD a.I-' :i" 0 Q, ~ ~ 0 o -- 0 CD :J (') CO c cm3 ~~~ CD~- en r-+ 3 D.l CO -- :J CO -g ..., o CO .., D.l 3 () :::T Q) ::J co CD en ....., a 3 .,., -< I\.) o o (J) I o ~ .,- ........ \Q ~ tn ~ ...... o '< ('t) ('t) ~ f,~f~ (1) ,'- ~ 0(,.,0,: CD!: .., I :-;'i/!t' ,:;-",c o l1J:; 31 fiJ .., c' ~'L;:~1$-.... ,_-:':';;;,,~tll;~~ G)-t CD 0 :sit CD-- DlUJ -c "a. CCD :s CD a.~ ,,- O~ ;lCO ... G) o ____ :s w .. II\) _0 II\) CO Co G) ---- w II\) o CO ." 2- n co CD ~cn OCD ~~ s. 0>> ." 2- ... c:;- ......CD · "TI ~IJ e. ~ d r+ e!.. CD c: C- eo m. . . en Q) Dr 01~ <>>Qo ~~ o ~ CD en ~ Co 0) ---J N g Ng' ~:J (n~ ~ -. o at o D) "'C' ." ClJ6f ~- ~O o c fit '<' t)) c: ."'C "E. ....Ji,. Cir co en . Qo N ~en o CD <. o CD en ."",- . . . ~ ;0 ." 0 CD c < -a ::s -- .... 0- :J Q) -- CO 0 ::J ;0 CD CO ~ 0 Dl - () 0- 0 ~ Dl C- O :::T Q) .., -- - ." ::J G) CD -I CO < CD c m en ::J -- 0- -h en CD -u a ~ 0 0 3 I\.) - -- ~ () 0 " Dl CD -< 3 en '" CD CD 0 .., ;: 0 Dl CJ) -- I en 0 0 CD ----J CA., ):> -- 0- CD \0 . o tI1 ~ ~ o '-< (t) (t) 00 s:: r>> :i" - CD :J r>> :J Q ~ o ~ CD .., s:: r>> S" - CD :J r>> :J Q ~ o ~ .., s:: r>> S" - (1) :J r>> :J ~ ~ ~ .., s:: r>> S" - (1) :J r>> :J Q ~ ~ (1) .., )> CJ) CJ) , Cii" - r>> :J - (J) C "'C (1) :::!" :J - CD :J 0- CD :J - a ""tJ c 2: cr ~ o a- (J) - ca !l " o CD 3 r>> :J )> 0- 3 S" Cii" - 01 - <" CD )> ~ CD (;)-1 CD S :J D) CD - m m -c: .-n c. c:CC :J SQ. C. .. -c~ g..o, -. Q) g~ .. ~ -ER~ ....a. co 01 en ....a. U) 01 ~ ~ m3 :J _. W ceo i2. w:Jtn o,CD;:r ......0 CD !Y- o...... :::1. _. :J 0 CC :J Qo en ro+ OJ CD ro+ W3: OQ) en :r ~Cit ::J Q) :J ~ () () ~ 0 CIl -a ....Ji,.tn Otno)o ~::J:o,i 2.~g cr E ~ a -c Q) ~ ~3: (10) i\J :i" ~Cit ::J Q) ::J n CD en ~Cl -. CD W;3.ro+ OCDQo ~liJen o ::J _. nCC CD liJ "'-\>i'~ -I a e!- m c: a. CD m. . . ~ ..... u, ~ ~ N CD CD ....Ji,.CD ~:J . CD 0....., ~ -. o en en Q) Dr w< !Dgo ~~ o Q) cc CD en (") .fj, ~.'..'If 01 -. ~o o S- Ol '<" en c "'C ~ ~ Cir ..Jo.en . go (X) ~C/) o CD s. o CD en ''''''.- NS:: ~Q) -- -- ::l ::l ~CD '< ::l Il~ o 0 c CD a() ~- 0 ::l CIJ ,...... CIJ )> CIJ CIJ o o -- Q) ,...... CD 0. ~ -- ,...... ::T o o ~ ::l r+ o ~ ::l . . . o en -0 :;- o c a (') (') 0. -- '! >,i c: -. CD'I) 3 m U:cn CD () CD a O() o 0 a..::l - - ,...... ::l .., Q) Q) ,......0 o ,...... .., c Q) -0- oen CIJ CD ;::+~ -- <:: o -- ::l 0 Q) m ::l ,...... 0.0 OJIl CD C CIJ ::J. ......0. -0< D3 Q) 8:~ o ::J CD ,...... CIJ () ::r Q) :::J co CD en -h a 3 " -< I\.) o o 0> I o ---.J - 3 Q) co -- ::l co -0 .., o co .., Q) 3 /:i"~~ TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: June 6, 2007 To: Mayor and Town Council From: Peggy Curran, Town Manager Subject: Chamber of Commerce Request for Funding for Friday Nights on Main I have been advised that the Chamber of Commerce will attend this evening's meeting with a request for support for the Friday Nights on Main series. I have talked to the Chamber about the proposed budget for this event and we concur that the attachment is a fair approximation of anticipated revenues and expenses. It indicates a projected shortfall of some $3,500. Chamber of Commerce Friday Nights on Main 2007 Proposed Budget 15 nights (excluding Octoberfest) Expense One time Weekly I5-night Total Season Total Insurance . 1,666 1,666 ABC license 550 550 Health Dept 90 Set up/clean up 270 4,050 4,050 3 @} 6 hrs @} $15/hr Accounting 2hrs @ 44 660 660 $22/hr Music (two groups) 900 13,500 13,500 Misc. expenses (labels, 500 banners, etc.) Ads, promotion, misc 1 ,000 Total $22,016 Revenue One time Weekly I5-night Total Season Total Foundations 4,200 4,200 Sponsors 4,000 4,000 Belvedere (requested) 1,000 1,000 Angelo music donation 300 4,500 4,500 Art Auction 200 3,000 3,000 20% mark-up on 120 1,800 1,800 projected $600/wk wholesale liquor sales Total $18,500 Shortfall $3,516 TOWN OF TIBURON po 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 6, 2007 Agenda Item: pH - ;( STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Hold Second Reading and Adopt an Ordinance Regarding the Tiburon Redevelopment Agency's Eminent Domain Policy and Program Reviewed By: @~... BACKGROUND At its meeting of May 16, 2007, the Council passed first reading of this ordinance. The ordinance now comes before the Council for second reading and adoption. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and take any public comment on this ordinance. 2. Move to read the ordinance by title only, adopt the motion, and read by title only. 3. By roll call vote, adopt the ordinance Exhibits: 1. Draft Ordinance Prepared By: Scott Anderson, Director of Community Dev.elopment,-~ RECORDING REQUESTED BY: TffiURON REDEVELOPMENT AGENCY WHEN RECORDED RETURN TO: Tiburon Redevelopment Agency c/o Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 f'{.~~~~ \ r"'\\ \ \ ;' ~ L-~- ;' ~~.~~~;/ ~.~tlh~Y ~ r.--~-c-:' . '\ ~.::~- ~ ~, i' "~ ,; '-'-- -.' L... t rr...r-....J ''''.'''',).i . '~:\~\.'~':~\,' "~t\.if"'~C-_\ .', ..'~.\' i: b--'- '/ I ~\" ru," -.,.,,\ '. -- .. ' ~ \ \ ',J ;, ~ .~" ~. . \\11' I". U '.---., J NO RECORDING FEE PURSUANT TO GOVERNMENT CODE SECTION 27383 ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A DESCRIPTION OF THE PROGRAM FOR THE ACQUISITION OF REAL PROPERTY BY EMINENT DOMAIN AND ADOPTING A REVISED STATEMENT OF INSTITUTION FOR THE REDEVELOPMENT PLAN FOR THE TIBURON REDEVELOPMENT PROJECT AREA AND TAKING RELATED ACTIONS WHEREAS, the Town Council of the Town of Tiburon adopted the Tiburon Project Area Redevelopment Plan by Ordinance No. 279 N. S. adopted on November 28, 1983 (the "Redevelopment Plan", establishing the Tiburon Redevelopment Project Area (the "Project Area"); and WHEREAS, the Project Area is situated in the County of Marin, State of California, as set forth in the Redevelopment Plan for the Tiburon Redevelopment Proj ect, recorded on December 27, 1983 as Recorder's Serial No. 83-65111, of Marin County Records; said Project Area being more particularly described on Exhibit A attached hereto; and 'WHEREAS, the Redevelopment Plan authorizes the use of eminent domain under specified circumstances to acquire real property by the Redevelopment Agency of the Town of Tiburon (the "Agency"); and WHEREAS, SB 53 added Health and Safety Code Section 33342.7 to the Community Redevelopment Law, which requires the Town Council to adopt by ordinance a description of the Agency's program to acquire real property by eminent domain; and WHEREAS, the Agency has prepared the required description of the program (the "Acquisition Program") which is attached to and incorporate.d in this Ordinance as Exhibit B; and Town of Tiburon Ordinance No. --- N. S. Effective --/--/2007 Page] EXHIBIT , WHEREAS, the Agency has prepared and submitted and the Town Council has reviewed and considered the staff report on this Ordinance; and WHEREAS, the Agency staff has prepared and submitted to Town Council for review and adoption a CEQA Notice of Exemption for the Ordinance; and WHEREAS, the Town Council has held duly-noticed public hearings on this Ordinance on May 2, 2007 and May 18, 2007; and WHEREAS, SB 1809 added Health and Safety Code Section 33373(c) to the Community Redevelopment Law, which requires the Agency to record a revised Statement of Institution which includes a description of the Agency's program to acquire real property by eminent domain (the "Statement"); and WHEREAS, Agency staff has prepared and submitted the Statement to the Town Council for its review and approval and said Statement is attached as Exhibit C hereto. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON: Section 1. true and correct. The Town Council hereby finds and declares that the above recitals are Section 2. It is hereby found and determined that the adoption of this Ordinance is required by law is thus necessary and desirable. Section 3. In compliance with Health and Safety Code Section 33342.7, the description of the Agency's Acquisition Program for the Project Area, as set forth in the attached Exhibit B, is hereby approved and adopted. Section 4. The Town Council hereby approves the CEQA Notice of Exemption and directs the Town Clerk to file the Notice of Exemption with the County Clerk of the County of Marin. Section 5. attached hereto. The Town Council hereby approves the Statement set forth in Exhibit C Section 6. The Town Clerk is hereby directed to file a copy of the Ordinance, CEQA Notice of Exemption and Statement with the minutes of this meeting. Copies of this Ordinance and the Statement shall be transmitted to the Agency and the Agency is vested with the responsibility of implementing the Ordinance. Section 7. The Executive Director of the Agency is hereby directed to record the Ordinance and the Statement in compliance with the provisions of Health and Safety Code Sections 33342.7 and 33373(c), and Government Code Section 27295. Town of Tiburon Ordinance No. --- N. S. Effective --/--/2007 Page 2 Section 8. If any provision, section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portion or portions of the Ordinance. Section 9. This Ordinance shall take effect and be in full force from and after thirty (30) days from the date of its final passage. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on May 16, 2007, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2007 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TffiURON DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. --- N. S. Effective --1--/2007 Page 3 .. ~ " l 1 -t l l l 1 1 '1 1 f I I J J J J -L J I '" ! ,. EXHIBIT A Project ;.rea Tiburon Redevelo~ment Plan All those certain areas situated in the Town of Tiburon, County of Marin, State of California, described as follows: Ar e a " ."A. " , , Beginning at the most southerly.comer of Parcell ,as said. parcel is shown on the map entitled "Hap of Belveron Gardens Unit One, Marin County,.Calif9rnia, r~~?rded in April, 1950 in Volume 7 of Official Maps Page 2, Marin County Records, said Point of Beginning also being on the northerly right-ai-way line of Tibuton Boulevard (State Highway 131) and on the easterly line.of the forme~ Northwestern Pacific Railroad Company right- of-way, thence leaving said northerly right-of-way line of Tiburon Boulevard' and easterly right-of-way li~e of Northwewstern Pacific Railroad Company along the westerly right-oi-way line of Trestle Glen Boulevard North 790 18' East, 1.65 feet to a point; thence from said point along a circular curve to the left the center of which bears North 100 42' West a radius of 185 feet, through 2 central angle of 450 41' 00", an arc length of 147.51 .feet to a point; thence from said point North 330 371 East, 199.31 feet to a point; thence leaving said westerly line of Trestle Glen Boulevard South 560 23' East, 60 feet to' a point .on the'easterly right-of-way line of Trestle Glen Bouleva=c, thence along said line South 330 37' West, 148.88 feet to a point; thence from said point along a circular curve to the left the center of which bears South 560 23' East, a racius of 120 feet, through a central a~9le of 550 59', an arc le~gth of 117.25 feet to a point; thence from said point South 22C 22' East, 140.21 feet to a point on the northerly right-of-~ay line of Tib~=on Boulevard; thence leaving said easterly line of '" \ , . \. . '\. l lr--- '- l l l 1 I 1 1. r~ I I I I I J Jc 1 I Trestle Glen Boulevard and the no~therly right-of-~ay line ofT i bur 0 n B 0 U 1 e v a r d, Sou t h 6 7 0 3 B' ,.~ est, 30 fee t top 0 in t II X It , point 'II X" being oOn the centezo.line or Tiburon Bo~levard rigtt- of-way, ~hich is 60 feet wide; thence contin~in9 along b~aring South 67038' West, 30 fee~ to a point on the southerly right- of-way line on Tiburon Boulevard, said point also being a ~ point on curvei thence from said point along a ci~cular curve ',to the left, the center of which bears South 67038" \'~est, a radius of 185 feet, through a central angle of 6l006121n, an arc length of 197.30' feet to a point; thence leaving said southerly line of Tiburon Boulevard, North 3028' 2111 \'iest, 62 feet to the Point of Beginning. Area lIB" Besinning at Point "X", as said point is described in the above description of 'p.xea "A", Point "X" being on the cente= lin~ of a 60 feet wide right-of-way of Tiburon Boulevard, lying 30 feet on either side of said centerline, the centerline of said right-of-way (Redevelopment Area) being described as 10110.......5: Beginning at said Point "X" and running along a circular curve to the right the center of ~hich bears South 67038' West, with a radius of 215 feet, through a central angle of 36004'30", an . arc length of .135.37 feet to a point, thence from said point South 13042'30" West, 154.54 feet to a point; thence from said point along a circular curve to the left the center of which bears North 76017' 30" \<1est, a radius of 500 feet, through a central angle of 35045'3011, an arc length of 312.05 feet to a point; th~n?e from said poi~t along a circular curve to the left, said curve having co~~on tangent Nith the previous cu=ve at said point, with a radius of 1372.4 feet, through a cen~=al angle of 13028'30", .an arc length of 322.78 feet to a point; thence ~rom said point along a circular curve to the left, said curve he.\' ing a COiTh"";1on tangent y;i th the prev ious curve at said point, 'a radius of 2308 ~ . Iee~, through a central angle of _1 " \... 1 ],H ;: "- l 1 1 1 1 1 1 lG,-- 1 I J J J J Jl J f 1048', an arc le~gth of 72.51 feet to a poi~ti thence from said point South 37019'30" East, 222.19 fe,et to a point; thence from said point along 'a circular ~urve to the 1 eft the center of \ow' hi c hb ear s North 5 2 c 4 0 ' 3 0 " East, 2. red ius of 4050 feet, through a central angle of 2006'00', an arch length 9f 148.44 feet to a point, thence from said point along a circular curve to the left, said curve having a co~~on tangent with the previous curve at said point, a radius of 2805 feet, through a central angle of 13054', an arc length of 680.50 feet to a point; thence from said point along a circular curve to the left, said curve having a common tangent with the previou:s curve at said point, a radius of 1000 feet, through a central angle of 20046'30", an arc length of 362.59 feet to a po.inti thence from said point'/~.South 740061..'Ea~t, 122.92 feet to a point; thence from said point along a circular curve to the right the center of which bears South 15054' West, a radius of 500 feet, through a central angle of 53012'01", an arc length of 464.26 .feet to a point: thence from said point South 20054' East, 133.53 feet to a point; thence from said point along a circular curve to the left the center of which bears North 69006' East, a radius of 500 feet, through a cent~al ~ angle of 63030', an arc length of 554.14 feet to a . .. po~n~i thence from said point. South 84024" East, 100 feet to a point i thence from said point along a circular curve to the right, the center of which bears South 5036' West, a radius of 500 f~et, through a central angle ~f 53000', an. arc length of 462.51 feet to a point; thence from said point South 31024' East, 564.95 feet to a point: thence from said point along a circula= cu=ve to the left, the center of which bears North 58036' East, a radius of 1000 feet, through a central angle of 17041'30", an arc length of 308.78 feet to a point: thence from said point South 4900513011 East, 119.98 feet to a Joint; thence from said point along a circular curve to the right, the cente= 0: which be a r s Sou t h 4 0 0 5 4 I 3 0 II \.~ e s't, a r ad ius 0 f 11, 5 1 4 fee t, t hr 0 ugh a 1 1 ~ 203....' centra ang e or ~, an,a=c length of ~19.l4 feet to a point: 3 1 J( 1 1 1 1 1 1 1. lQ- I I I I J J J ~ I \ ,....... then'ce from said point along a circular curve to the right said curve having ~ corn....non "tangent wi t.h the previous curve at said point, a radius of 2920 feet, through a ~entral angle of 6002' 30", an arc length 307.91 feet to ;a point; thence from said point South 40028' East, 908.90 feet to'. Point "Y", said Point "Y" being the Point of Beginning of a circular curve to the left, with a radius of 1750 feet, said point also being th~ point of ~eginning of 80 feet wide right-of-way of.Tiburon Boulevard, (the northerly right-of-way line being 50 feet from said point and the southerly right- of-way line being 30 feet from said point). Area lie" Beginning at Point "Y" as said point Point is described i:1 the above description of ..~rea "BII, thence from said Point "Y" South 49032' West, 30 feet to a point, said point being on the southerly right-af-way line of Tiburon Boulevard (State HiShw~y 131), thence from said point along the southerly right-of-way line 'of Tiburon Boulevard along a circular c~rve ta the left, with a radius of 178D feet (f) I an arc length af 691.55 feet (z), to a point; thence from said point South 62054' East, 1157.95 feet ta a point; thence from said point along a circular curve to the right, the center of which bears South 27006' West, with a radius of 1463 feet through a central "angle of 33021 r" an arc length o~ 847.99 feet to a point; thence from said point South 290331 East 365.08 feet to a point: thence ,from sa~Q point along a circular curve to the left, the center of whi~h bears North 60027' East, with a radius of 927.37 feet, through a central angle of 7043'22" (i), 'an arc length 6f 125 :feet (:t) to a point: thence :::-om se.id point South 25030'30" East 325.70 feet to a point: thence from s2id point along a circular curve to the left, the center of which bears North 64029'30" East, with a radius of 1050 feet, through a ce:1t:ral " angle of.27046', an arc length of 508.85 feet to a point; thence from said point South 53016'30" East, 496.52 feet to a point: 4- l Jt 1 1 1 1 1 1 1 I~=- I I I J J J Jc J I " \ ",-. thence- f~o~ said point along a circ~lar curve to the left, the center of \.:hich bears South 36043'30" \1est, with 2. =2.cius of 1050 feet, through a cent.ra1 angle of 10013117", an arc length . of 187.32 feet to .a point; thence from said point, along a circular curve to the right, having a CO!7L.'1lon tang.ent. '.o.'it'h the previous curve at said point, a radius of 950 feet, through a central angle of 10015 r 48", an arc length of 170.17 feet to a , point; thence from said point South 530191 East 179.75 feet to i point of intersection with the most southerly right-of-way line of Tiburon Boulevard, and the most northwesterly right-of- way line of Beach Road, thence from said point of intersection along the said most southerly right-of-way line of Tiburon Boulevard, South 53019' East, 80 feet (t) to a point of inter- section of northeasterly right-af-way line of Beach Road .and most southerly right-ai-way line o~ Tib~ron Boulevard, thence from said intersection. point South 53019i East, 925.20 feet to a point of intersection of most northwesterly right-of-way. line of Juanita Lane and most southerly right-ai-way line of Tiburon Boulevard; thence from said intersection point South . ~ 53019" East, 30 feet (:t) to the intersection point of most northeasterly right-of-way line of Juanita Lane and most southerly right-of-way line of TiburonBoulevard, thence from said intersection point South 53019' East, 107.64 feet (:t) to the intersection point af most'northwesterly right~of-way line of Main Street and most southerly right-of-way line of Tiburon Boule- vard; thence leaving said most southerly right-of-way line of Tiburon Boulev~rd, South 53019' East, 52.80 feet (:t) to a point on most southerly right-oi-way line of Main Street, thence fro~ 'said po~nt 'along said southe~ly right-oi-way line North 70010' 30" East, 60 feet; thence leaving said southerly right-ai-way line of Main St=eet South 19049' E~st, 240.07 feet; South 1005' West, - 250.60 feet) East 806.50 fee::; South 830 East, 438.90 feet; North 610451 East, 195.60 feet; North 410531 West, 6~.64 feet (!) to a point on the nost southe~ly right-c:-~ay line 0: Paradise Drive; thence along said southerly right-af-way line North 69010' .East, 119.88 feet; North 500141 East, 131.32 feet; North 16054' Eas~, 244.38 feet to a p~int; the~ce leaving said southerly '-C:; ~I J~ .A \.. 1 1 1 1 ~ 1 1. I~: I I J I J I 1 l I ....... . right-of-~2Y line of Paradise Drive North 720331 West, 40 feet (i) ~o a poiht on the most northerly right-oi-way line of Paradise Drive, thence leaving said point and line North 72033' West, '. ' 748 feet (i) to a point on the southerly right-o~-way line of !--~ar l~est Street; thence leaving said point and l~ne North 16052' East, 50 feet to a point on the most northerly right-of-way line of Mar West Street, thence along said northerly right-of-way ~ine North 73008' West, 150 feet (t) to a point of intersection of the northerly right-oi-way line of Mar West Street and most south- easterly right-of-way line of Las Lomas Lane; thence from said point of intersection along said northerly right-oi-way line North 730081 West 38.feet (t) to the point of intersection of northerly rig~t-of-way line of Har ~\Iest 2.r.d southwesterly right-of-way line of Las Lomas Lane, thence from said point of intersection North 73008'a... West, 290.feet (t); N.orth 52017' West, o 0 378 feet (i); North 7042' West 310.5 feet; North 180471 West, 105.7 feet; North 46054' West, 92.11 feet; North 65047' West, 63.73 feet; North 83007' West, 80 feet; North 87058' West, 160 feet to the point of intersection of northerly right-ai-way line of Mar West Street and the southeasterly right-of-way l{ne of Esperanza Street, thence from the said point of intersection along said northerly right-oi-way line of Mar West Street 50 feet (i) to the point of intersection of northerly right-oi-way line of Mar West Street and the northwesterly right-ai-way line of Esperanza street; thence from said point of intersection South 54003' West, 65 feet; North 59049' West, 200 feet, North 670 West, 92.5 feet (i) to a point; thence from said point along a circul~r curve to the right, along the ~ortheasterly right-of-way line of ~.1ar \~est St.reet, an arc length of 49.56 feet (:t) to a point; thence from said point North 10020' West 93.5 feet to a point; thence from said point along a circular curve to the right, the cente= of ~hich bears No~th 79040' East, ~ith a radius of 40 f "h - cen..r::01 ~ngl_e 0'_-= ::::'2020', _eet, ~ :rough c. .......- w_ ~ - -' 1n arc len~th of 36.54 feet to a point, thence from said point North 430 East, 185.90 feet; No=th 33013' East, 49.19 feet to a point; thence from said point along a circular curve to the left along the ~ost easte~ly =isht-of-~ay lirie of Mar West Street with an arc length ~ . \ l { 1 1 1 1 1 1 1 ~\-- I I I J J J J t J I '", . . of 57.6 feet to a point; thence from said point Ncrth ]0111 West, 78 feet to the point of intersection of riortheaste=ly right-of-~ay line of Mar West Street and the most southwesterly right-af-way , line of Esperanza Street, thence from said point ,of intersection along said northeasterly right-of-way line of Mar West Street along a circular curve to the left, a radius of 305 feet to the 'point of intersection of the northeasterly right-of-wcy line of Mar West stree~ and the mos~~northwesterly right-oi-way line of Esperanza Street; thence from said point of intersection along said circular curve to the left having a radius of 305 feet, an arc length of 150.75 feet to a point; thence from said point North 430031 West, 189.64 feet to a point; thence from said point along a circular curve to the le~t, the center of which bears South 46057' West, a radius of 230 feet through a central angle of 78005157", an arc. length of: 325.56 fee~ to. a point; thence from said point South 55051' West, 577.66 feet to a point; thence from said point along a circular curve to the right, the center of which bears North 340091 West, with a radius of 420 feet through a central angle of 50047', an arc length of 372.26 fe~t to a pointj thence from the said point North 73022' West, 166.4 feet to a pointj thence from said point along a. circular curve to the right, the center of which bears North 160381 East, ~ith a radius of 355 feet, through a central angle of 16045140", an arc length of 103.85 feet to the point of intersection of northerly right-of-way line of Mar \~est Street and northerly right-of-way line of Tiburon Boulevard; thence from the said point or inter- section along the northerly right-oi-way line of Tiburon Boule-' vard North 24004'30" v~est, 4.17 fee,\: to a point; thence from s'aid .point a~ong a circular curve to the left the center of which bears South 65053' 30" '''iest, a radius of 1050 fee.t through a central angle ... of 8044'08", an a=c length of 160.09 feet to the point of inter- section of .northerly right-of-way line of Tiburon Boulevard and . .c tJ' 0 k D' ~h J:: . ... ..... f the centerllne OoL. ..arDor 2.' r~ve; I... .en(:= J..rc:n sa.l.Q po~n,- 0_ intersection along said northerly right-oi-way .line of Tiburon Boulevard and continuing along said circular curve to the left, . G radi\;.s of 1050 feet through a central angle of ~029'22", an arc , ,l-' _eng~n of 82.27 - .... . reel....-co a point; ,l-' I...nence f:-om saic. point 1- ( . l J '-. l l 1. 1 1 1 1 tG..~... . I I I I I I Ie I . ....- : to r t h 3 7 c 2 0' \.~ est, 6 6 8 .5 0 fee t to th e poi ~ :: c: in t e r see t ion c: the southeasterly right-of-way line of Lyfo~d Drive and the northerly right-of-way line of Tiburon Boulevardi the~ce fro~ , said point of intersection ~lo~g said northerly '~ight-of-way line of T iburon Boulevard North 29044 110 It East, 919. Ot feet to a point on the southeasterly right-of-way line of Lyford Drive; thence leaving said right-of-way line North 60015~'50" West, 65 feet ~o a point on the northwesterly right-oi-way line of Lyford Drive; thence leaving,said ,right-ai-way line'North 58050'20" West 591.82 fee t ; North 15 0 12 lEa s t , 9 0 fee t ; North 7 6 0 4 6 I 07 II We s t , 14 7 . 9 6 ... ~ feet; and South 56005'30" v~est, 142.62 feet to a point on the north, easterly access easement line of Upper Hilarita Drive; thence along said northeasterly easement line on a circular curve to the right, the center of which bears South 270061 West, a radius of 128 feet, through a cent-ral a~gle o.f 80.019' 2,8", an arc length of 179.45 feet to a point; thence from said point along a circular curve to the right, said curve having a co~~on tangent with the previous curve at said point, a radius of 370 feet through a central angle of 3904013211, an arc length of 256.21 feet to a point; thence from said point South 57006' hest, 101.50 feet to a point; thence from said point along a circular curve to the left, the cehter of which bears South 3205411 East, a radius of 380 feet, through a central angle of 27030', an arc length of 182.39 feet to a point; thence leaving said northeasterly access easement line North 60024' West, 55 feet to a point; thence from said point along a circular curve to the left, the center of which bears South 60024' Eas~1 a radius of 43? feet, through a centr~l angle of 2030', an arc length of 18.98 feet to a poi~ti thence .from said point South 27006' West, 56.14 feet to a point on the northerly right-ai-way line or Tibu~on Boulevarc; thence along said northerly right-ai-way line North 62054' ~est, 1030.75 feet to a point; the~ce from said point along a circular curve to the right, the center of which ~)ears North 27006' East a radius of 1700 feet, through a central angle of 22026', an arc length of 665.61 feet to a point; thence leaving said northerly riGht-of~wav line of Tiburon Boulevard, South 49032' West .,I .. 50 feet to Point ~Y", said point being the point of beginning . 0 f 1-. rea .11 C " '. g, END EXHmIT B PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY The Tiburon Redevelopment Agency is authorized to acquire or obtain options to acquire real property located within the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever for the purpose of providing needed land for construction of any of the improvements set forth in Section A of the Redevelopment Plan for the Tiburon Redevelopment Project or for development of moderate-income housing. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Proj ect Area. Prior to any acquisition through eminent domain, the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such acquisition. With the exception set forth below, the Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land disposition within the Project Area. As described in Part N.A of the Redevelopment Plan for the Tiburon Redevelopment Project, the Town Hall and Reed School properties have been included in the Project Area as possible sites for future Agency-assisted moderate-income housing should the use of those properties by the Town and the Reed School District be discontinued. The Agency may not acquire these properties from the Town or the School District without the consent of those public bodies. As a further imitation on the Agency's land acquisition authority, the Agency may not acquire the Reed School property by the power of eminent domain from any non-public entity to which the School District may transfer the property in the future. EXHIBIT C REVISED STATEMENT OF INSTITUTION OF REDEVELOPMENT PLAN THE PROPERTY THAT IS SUBJECT TO THIS STATEMENT IS IN A REDEVELOPMENT PROJECT AREA (THE "PROJECT AREA") The Proj ect Area is subj ect to the Redevelopment Plan for the Tiburon Redevelopment Proj ect Area (the "Redevelopment Plan"). The Project Area is situated in the County of Marin, State of California, and is more particularly described on Exhibit "A" to the Redevelopment Plan for the Tiburon Redevelopment Project, recorded with the Marin County Recorder on December 27, 1983 as Serial No. 83-65111, of Marin County Records. Proceedings for the redevelopment of the Project Area have been instituted under the Redevelopment Plan and the California Community Redevelopment Law (Health and Safety Code Section 33000 et seq.). The Redevelopment Plan authorizes the use of eminent domain by the Redevelopment Agency of the Town of Tiburon (the "Agency") in the Project Area as set forth on pp. 18-20 of the Redevelopment Plan for the Tiburon Redevelopment Project, recorded with the Marin County Recorder on December 27,1983 as Serial No. 83-65111, of Marin County Records, as generally described below: PROPERTY ACQUISITION BY EMINENT DOMAIN POLICY The Tiburon Redevelopment Agency is authorized to acquire or obtain options to acquire real property located within the Project Area by gift, devise, exchange, purchase, eminent domain or any other lawful method whatsoever for the purpose of providing needed land for construction of any of the improvements set forth in Section A of the Redevelopment Plan for the Tiburon Redevelopment Project or for development of moderate-income housing. Since it is in the public interest and is necessary for the elimination of those conditions requiring redevelopment, the power of eminent domain may be employed by the Agency to acquire real property in the Proj ect Area. Prior to any acquisition through eminent domain, the Agency shall adopt a resolution declaring a need to acquire any specific property and authorizing the acquisition by such method. The Agency is not authorized to acquire real property owned by public bodies which do not consent to such -acquisition. With the exception set forth below, the Agency is authorized, however, to acquire property devoted to a public use, if it is transferred to private ownership before the Agency completes land. disposition within the Project Area. As described in Part IV.A of the Redevelopment Plan for the Tiburon Redevelopment Project, the Town Hall and Reed School properties have been included in the Project Area as possible sites for future Agency-assisted moderate-income housing should the use of those properties by the Town and the Reed School District be discontinued. The Agency may not acquire these p1;"operties from the Town or the School District without the consent of those public bodies. As a further limitation on the Agency's land acquisition authority, the Agency may not acquire the Reed School property by the power of eminent domain from any non-public entity to which the School District may transfer the property in the future. The Agency's authorization to commence any eminent domain proceedings with respect to the Redevelopment Plan has technically expired. , 2007 Dated: Redevelopment Agency of the Town of Tiburon Margaret A. Curran, Executive Director