HomeMy WebLinkAboutTC Agd Pkt 2007-08-15
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
. Tiburon, CA 94920
Regular Meeting
Tiburon Town Council
August IS, 2007
7:30 p.m.
Closed Session - 6:45 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION - (6:45 p.m.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
County of Marin v. Martha Company
Bonander v. Town ofTiburon; Tiburon v. All Persons Interested in the Validity of the Del Mar Valley Utility
Under grounding Assessment District
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.
PRESENTATION
· Annual Report from Mosquito Abatement District Representative (Roger Smith)
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes - July 18,2007
2. Town Council Minutes -July 19, 2007
3. Mar West Street Rehabilitation Project - Award of Contract to Ghilotti Construction
for 2007 Mar West Street Rehabilitation Project (Director of Public Works/Town
Engineer Nguyen)
4. Stormwater Master Plan - Approve Budget amendment for additional funding to
complete Storm Drain Master Plan (Director of Public Works/ Town Engineer Nguyen)
5. Office of Emergency Services - Approve renewal of Memorandum of Understanding with
County of Marin Office of Emergency Services (Police Chief Cronin)
6. Community Development Department Records- Approve Contract for Digital Scanning
Services (Director of Community Development Anderson)
7, Alta Robles Project EIR - Approve and Authorize Town Manager to Execute Professional
Services Agreement to prepare the Environmental Impact Report for Alta Robles
Residential Project -14 homes proposed on 52 acres off Paradise Drive (Director of
Community Development Anderson)
8. Parente/ Amerippon Project EIR - Approve and Authorize Town Manager to execute
Amendment to Professional Services Agreement to prepare an Addendum to a certified
Environmental Impact Report for the Parente/ Amerippon Residential Project - 2 homes
proposed on 10 acres off Antonette Drive (Director of Community Development
Anderson)
ACTION ITEMS
1. Marin Housing Authority - Recommendation to enter into a Memorandum of
Understanding with Marin Housing Authority for Below Market Rate Housing Services
(Town Manager Curran)
2. Multi~Use Path Signage - Approve Signage for the Tiburon Multi~Use Path as
Recommended by the Bicycle/Pedestrian Advisory Committee and Town Staff (Town
Manager Curran, Director of Public Works/Town Engineer Nguyen)
PUBLIC HEARINGS
1. Tiburon Tourism Business Improvement District (TTBID) - Introduction and First
Reading of ordinance to establish District (Town Manager Curran and Town Attorney
Danforth)
2. Cypress Hollow Landscape & Lighting District (LLD) - Renewal of Assessment for
Fiscal year 2007 ~ 2008 (Director of Administrative Services Bigall)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
· T own Council Weekly Digest - July 20, 2007
· Town Council Weekly Digest - July 27,2007
· Town Council Weekly Digest - August 3, 2007
· Town Council Weekly Digest - August 10, 2007
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 4 35~
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
T own 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.
cell- /
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Gra a led the re .r eeting of the Tiburon Town Council to order at 7:30 p.m.
on Wedne day, July 18, 2007, in own 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, Police
Captain Hutton, Town Clerk Crane Iacopi
CLOSED SESSION - (7:00 p.m.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Bonander v. Town ofTiburon; Tiburon v. All Persons Interested in the Validity of the Del Mar
Valley Utility Undergrounding Assessment District
CLOSED SESSION ANNOUNCEMENT
Mayor Gram said that no final action was taken on the matters discussed in closed session.
ORAL COMMUNICATIONS
Bob Austrian, Southridge West, asked the Council to consider and formal and detailed review of
the tree and view ordinance. He submitted a letter detailing his request.
Somebody Waterman also asked for Council's consideration on the issue, especially the portion
of the ordinance that requires the complainant to submit to binding arbitration while not requiring
the tree owner to do the same. He said that the Belvedere City ordinance was preferable in this
regard.
Mayor Gram informed both speakers that while the matter could not be undertaken for discussion
at the present, it was one of the subjects on the Town Council/Staff retreat agenda the following
day.
DRAFT Town Council Minutes #13 -2007
July 18, 2007
Page 1
PRESENTATIONS
. Annual Report from Heritage & Arts Commission
Outgoing Chair Dave Gotz introduced the new Chair, Peggy Bremer, and other members of the
commission who were present.
Gotz gave the annual report and powerpoint presentation which listed the Commission's
accomplishments in the followings areas: art shows at Town Hall; Heritage Preservation award;
slide shows; special events such as the dedication of the fountain; a new Heritage & Arts
webpage; the redesign of the Walking Guide by Chair Bremer; old St. Hilary concerts, and other
ongoing projects.
Gotz said that the commission's fund-raising efforts of the had netted over $10,000 from the art
shows and sales of the new books, History of Tiburon and History of Angel Island.
Mayor Gram asked when the video of the fountain construction and dedication would be
available. Commissioner Gotz said that he had many hours of footage and hoped to have a
finished product by the Spring.
The Mayor thanked Gotz and the commission for a job well done and wonderful art exhibits at
Town Hall.
CONSENT CALENDAR
1. Town Council Minutes - June 20, 2007
2. Town Investment Summary - Adopt May and June 2007 Reports (Director of
Administrative Services Bigall)
3. Agreement re: Annexation of 3344 Paradise Drive - Recommendation to Approve and
Authorize Town Manager to Execute an Agreement regarding Annexation of Real
Property (Director of Community Development)
Property Address:
Property Owner:
Assessor Parcel No.
3344 Paradise Drive
Alan & Nancy McMillen
058-151-13
4. 280 Roundhill Road Denial of Appeal- Resolution to Deny Appeal by Alexander and
Yami Anolik of the Denial of an Encroachment Permit Requesting the Installation of a
Solar Panel Array on Town-held Open Space Easement (Director of Community
Development AndersonlDirector of Public Works Nguyen/Town Attorney Danforth)
DRAFT Town Council Minutes #13 -2007
July 18, 2007
Page 2
5. Reed Ranch Road Acceleration Lane - Approve Plans and Specifications and Authorize
Bids for Construction of Acceleration Lane on Tiburon Boulevard in the vicinity of Reed
Ranch Road (Director of Public Works Nguyen)
6. Failed Streets Projects - Approve Plans and Specifications and Authorize Bids for Failed
Streets (Director of Public Works Nguyen)
7. Year-End Budget Amendments - Approve FY 2006-2007 Year-end Budget Amendments
(Director of Administrative Services Bigall)
8. Tiburon Police Officers Association Contract - Authorize adoption of 3-year
Memorandum of Understanding (Director of Administrative Services Bigall)
9. Management/Mid-Management Incentive Program - Adopt Resolutions for FY 2007-
2008 (Director of Administrative Services Bigall)
10. Official Designation of Street - Approve Designation of Unnamed Roadway off Tiburon
Boulevard between Owlswood Road and Ned's Way as "Egret Court" (Director of
Community Development Anderson)
11. Pt. Tiburon Community Facilities District - Establish Special Tax Levy for Fiscal Year
2007 -08 (Director of Administrative Services Bigall)
12. Commendation - Adopt Resolution commending Tony Iacopi for 18 Years of
Distinguished Service to the Town of Tiburon upon his Retirement (Town Manager
Curran)
MOTION:
Moved:
Vote:
To approve Consent Calendar Item Nos. 1 through 12, as written.
Slavitz, seconded by Berger
AYES: Unanimous
ABSTAIN: Fredericks and Smith, Item Nos. 1 and 4
Mayor Gram commended Administrative Services Director Bigall o~ obtaining a wonderful
result with the renegotiation of the Police Association MOU. He said that it was his third police
MOD he had considered while serving on the Council and he noted that everyone came out of the
negotiations "happy."
Mayor Gram read and presented Item No. 12 (resolution) to Tony Iacopi.
Town Manager Curran noted that Mr. Iacopi's farewell party was scheduled for August 3, at
Servino's.
DRAFT Town Council Minutes #13 -2007
July 18,2007
Page 3
ACTION ITEMS
1. League of California Cities Annual Conference - Appoint Delegate and Alternate(s) to
represent Town at Annual Business Meeting on September 8, 2007 (Town Clerk Crane
Iacopi)
MOTION:
Moved:
Vote:
To appoint Councilmember Fredericks as delegate.
Slavitz, seconded by Berger
AYES: Unanimous
PUBLIC HEARINGS
1. Tiburon Tourism Business Improvement District - Public Information Meeting (Town
Manager Curran and Town Attorney Danforth)
Town Manager Curran said that due to a postal change regarding envelope size, not all of the
business owners had received the notice of the June 20 hearing. She said that a second notice
had been mailed notifying the owners of a second (July 18) opportunity for an information
meeting on the proposed district.
Mayor Gram opened and closed the public hearing. There was no public comment.
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
Town Manager Curran discussed the possibility of cancelling the August 1 regular meeting. She
also noted the proposed date of the annual town holiday party (on December 19). Council concurred
with both recommendations.
The Town Manager also said that she and the Chief of Police are interested in exploring possible
placement of security cameras at various intersections coming in an~ out of town to be used as an
aide to law enforcement for the apprehension of suspects of serious crimes.
Town Manager Curran said that extensive public input would needed, as well as policies formulated,
concerning the use of such technology. She asked for Council's direction in order to pursue the
development of information on this subject.
Council concurred that it was interested in hearing more on the subject, and that guidelines would be
necessary. Mayor Gram stated and the Council concurred that it would be very important to hear
what the public had to say on the subject. Councilmember Fredericks noted that some residents
might be opposed to the perception of an "electronically gated community."
DRAFT Town Council Minutes #13 -2007
July 18,2007
Page 4
WEEKLY DIGESTS
. Town Council Weekly Digest - June 22,2007
. Town Council Weekly Digest - June 29,2007
. Town Council Weekly Digest - July 6, 2007
. Town Council Weekly Digest - July 13, 2007
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Gram
adjourned the meeting at 8: 17 p.m., to the next regular meeting scheduled for August 15, 2007.
TOM GRAM, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #13 -2007
July 18, 2007
Page 5
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
CC-:H2.
MEMORANDUM
Date:
July 31, 2007
To:
Mayor and Town Council
Peggy Curran, Town Manag$
From:
Subject:
Summary of July 19, 2007 Council-Staff Retreat
On the afternoon of July 19,2007, the Council and staff met for a retreat at Servino's Restaurant
to review last year's goals and talk about direction for the upcoming fiscal year. A summary of
the discussion follows.
I. REVIEW OF PROGRESS ON 2006 GOALS
Below Market Rate Housing Development Strategy
Discussion: Ordinances to enable BMR housing have been completed. Some funds exist
for this purpose but the greatest need is for land. Council said staff should be looking to
redevelopment in the downtown for opportunities to create mixed-use projects that
include BMR housing.
Direction: Staff should actively seek out opportunities to work with property owners who
are considering redevelopment and work with them to include BMR housing.
Pavement Management System Strategy
Discussion: Public Works Director Nick Nguyen reported on the plan to upgrade streets,
especially "failed streets". The Lyford Cove area is scheduled to be overlaid shortly now
that the undergrounding is in its final stages; all affected Del Mar streets will also be
overlaid after that undergrounding project is commenced (post litigation) and completed.
The resurfacing of these streets will take priority, but may take several years depending on
budget allocations. The schedule for other streets is being pursued. Director Nguyen
reported that all failed streets may be repaired by the end of the 2008-09 fiscal year, which
is sooner than previously anticipated.
Direction: Continue implementing the current program.
DRAFT
Community Center Opportunities
Subject was folded into Recreation Master Plan discussion later on agenda.
Bus/Shuttle/Jitney Opportunities
Discussion: There was agreement that there were no viable opportunities for the Town
to pursue transit at this time.
Direction: Consider the matter closed.
Ferry Service Opportunities
Discussion: Town Manager Curran and Councilmember Berger provided a sYnopsis of
the status of ferry service and discussions with the Golden Gate Bridge and Highway
Transportation District, the Water Transit Authority and Blue and Gold Ferry Service.
The recent increase in fares, unfortunate but necessary, seems to have stabilized service
for a while. A longer-term outlook might include an agreement whereby B&G service is
provided under contract to GGBHTD with capital contributions from WTA for a boat.
This would make the Tiburon route eligible for public transit subsidies and perhaps ensure
ferry service to the peninsula into the future.
Direction: Staff should stay in communication with the parties and explore opportunities
for the alternative mode of service delivery described above over the next several years.
Opportunities to Streamline Major Development applications Processes
Discussion: Community Development Director Anderson updated the Council on the
status of streamlining efforts, including staff revisions to and streamlining of the RFP
process. Mayor Gram encouraged staff to be mindful of the cost and timing of EIRs and
that we let people know we're doing what we can to assist applicants get through the
process. He recommended firm milestones and penalty clauses in contracts in order to
encourage EIR firms to meet their deadlines.
Direction: Continue working with applicants to provide a high level of service
throughout the development review process.
Paradise Drive Strategy
Discussion: Councilmember Slavitz reported on meetings he has attended with
Councilmember Fredericks and staff regarding Paradise Drive.
Direction: Staff will explore with LAFCO and County representatives the possibility of
annexing property adjacent to the road without annexing the road itself. This arrangement
would necessitate a payment agreement to keep the County whole with regard to income
to maintain the road.
Commission/Committee/Board Restructuring Opportunities
Discussion: Council members expressed an interest in exploring whether some
committees, etc. can be consolidated or may have served their purpose and no longer be
needed. In particular, Council wondered if BP AC and POSC present opportunities for
consolidation or modification. Councilmember Smith questioned whether it might be
useful to have, or create from existing committees, a "Community Facilities Commission"
to act as an umbrella group to assist the Council in evaluating public elements including
open space, a community center, recreation facilities, etc.
Direction: Staff should explore possibilities and make recommendations to Council for
reducing, consolidating or restructuring existing committees.
Green Building Policy
Discussion: Staff noted that the Council had provided direction on this issue at the recent
workshops with the Design Review Board and Planning Commission. That direction had
been to adapt green building programs successfully implemented by other local
jurisdictions for use by the Town.
Direction: Looking to other Marin cities and the County for guidance, staff should bring
forth modifications to the Municipal Code to promote green building and energy
efficiency.
Downtown Project Development
Discussion: Councilmembers agreed that redevelopment in the downtown presents great
opportunities for the creation of housing, including BMR housing as well as other
amenities for the community. It was also noted that this can only happen through the
cooperation of private property owners. The Town alone does not have control over this
Issue.
Direction: Staff should work with property owners as they express interest in
redeveloping their properties to optimize the results for the benefit of the community.
II. CURRENT ISSUES
Communication with Citizens
Discussion: IT Coordinator Chad Monterichard gave a status report on the Town's
information technology, concluding it was in good shape and that huge progress had been
made over the past few years to advance it to its current status. Manager Curran reported
on plans to bring an electronic newsletter to fruition shortly. Council encouraged greater
use of the Town's website to bring important timely news to citizens such as road
closures, etc.
Direction: Staff should proceed to implement the electronic newsletter and make as
extensive use as possible of our information capabilities with regards to keeping citizens
informed.
Recreation Master Plan
Discussion: Council expressed an interest in seeing staff proceed to conduct a Recreation
Master Plan that would address assess the communities interest in and need for facilities
and programs the town currently or might offer in the future.
Direction: Working with BTJRC and Belvedere, staff should develop a scope of work
and budget for a Recreation Master Plan and return to Council for direction to proceed.
Legislative Action
Discussion: The problem of timely response on urgently-needed legislative action was
discussed. Council agreed it was comfortable with an ad hoc committee of two, the
Mayor and the Council's MCCMC representative, speaking on behalf of the whole
council on legislative matters.
Direction: Staff will communicate with the ad hoc sub-committee as necessary to se~k
direction on legislative action and act accordingly.
Open Space Management
Discussion: Director of Community Development Anderson and Planning Manager
Watrous presented an overview of management issues related to Town-owned open space,
including proliferation of invasive plants and increased awareness of defensible space
concerns where open space borders residential properties. Councilmember Smith stated
that the Town needs to make a greater effort to maintain its open space. It was noted that
the County is preparing an open space management plan for Ring Mountain, and the
Town was encouraged to coordinate with the County's efforts, along with those of local
citizens attempting to address the issue of removing invasive plants.
Direction: Staff should proceed with development of an Open Space Management Plan.
Comprehensive Signage
Discussion: The Mayor opined and the Council agreed that the Town's graphic image,
including Skippy, the current shark logo, is in need of modernization. All Town signage
could use an overhaul in both graphic appearance and content. Councilmember Berger
stated he thought we needed to look broadly for inspiration, not just at the new fountain.
Manager Curran pointed out that funds have been appropriated for this purpose. Council
concurred that changes to both the logo and overall signage program were warranted.
Direction: Staff should develop an approach to review and overhaul the Town's signage
including a new graphic look and the development of a new Town logo.
"View and Sunlight Obstruction from Trees" Ordinance
Discussion: Council discussed the pros and cons of the Town's tree ordinance as well as
language from Belvedere's ordinance. The conclusion was that the ordinance we have
now is working well and should not be changed.
Direction: None.
Other Items
Discussion: Council requested that staff revise the Undergrounding District Policy, so
that future districts benefit from prior experience.
Direction: Prepare an updated policy.
III. INDIVIDUAL COUNCIL MEMBERS ANSWERS TO THE QUESTION: WHAT IS
THE ONE OBJECTIVE YOU WOULD MOST LIKE TO SEE ACCOMPLIHSED BY
THE TOWN DURING THE NEXT 3-5 YEARS?
Mayor Gram: Stated he was pleased that we had moved into the digital age so successfully and
wants to see us continue to progress on that front. We need to aggressively collect e-mail
addresses for our electronic newsletter and other communications and maximize use of the
website.
Councilmember Slavitz: Feels the Town is looking great and functioning well, but he would
like to see us do a better job of serving the underserved, particularly youth, which should be
addressed in the Recreation Master Plan, and the provision of affordable housing. He would like
to see us educate people that affordable housing is not a bad thing and that they should support
the creation of more of it.
Councilmember Berger: We should encourage, facilitate and coordinate redevelop of the
downtown. It could be a place where people live with rental and for-sale units, senior housing,
big and small dwellings, second floor offices, modern, pedestrian-oriented retail at ground level.
On a case-by-case basis we should consider increasing Floor Area Ratios. An idea: perhaps we
should convene a property owners' summit for those with redevelopable land?
Councilmember Fredericks: We need a recreation plan; youth programs or facilities are an
important part of that. As for a community center, we should think of it expansively. Perhaps it
is more than just a building (or not even a building) but a compendium of resources for the
community. The recreation plan should consider all these things. .
Councilmember Smith: He wants to see Tiburon live up to its potential. Last year's fountain
was a great example of what is possible. Many people don't participate in community, and we
should try to increase involvement with local government and other local institutions. We should
find better ways to communicate with citizens and try to provide a better local-serving downtown
with mixed use projects.
IV. WHAT IS COUNCIL'S SATISFACTION LEVEL WITH STAFF AND WHAT CAN
WE DO BETTER?
All Council expressed appreciation for staff and the level of service provided. Specifically,
Councilmembers added:
Councilmember Berger: We have a first rate planning staff - the best around.
Councilmember Slavitz: Town Hall seems to work very cooperatively with each other and with
citizens. Keep it up. Communication is key area where even more can be done.
Councilmember Fredericks: Service delivery is excellent, and it is impressive how we work
together. Last year's Labor Day Parade was an example of something that was unscheduled yet
ended up being well organized.
Councilmember Smith: Really appreciates what we do best: deal successfully with a
demanding public.
Mayor Gram: Despite turnover in key positions in the last 18 months, Public Works Director,
Town Manager, and Police Chief, the Town continues to run smoothly. Staffhas done a great job
of embracing change. Staff should "keep following up" when issues arise, and over-
communicate rather than under-communicate. We can't be static - we can't assume what
happened yesterday is good enough today. We need to continually adapt.
TOWN OF TIBURON
- 1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 15, 2007
Agenda Item: -EC - 3
ST AFF REPORT
To:
Mayor and Members of the Town Council
From:
Department of Public Works
Subject:
Recommendation to Award the 2007 Mar West Street Rehabilitation
Project to Ghilotti Construction Inc.
Reviewed By:
iIfIifo, _"
~-=-
BACKGROUND
On June 20, 2007, the Council authorized staff to advertise and seek bids for the construction of
the 2007 Mar West Street Rehabilitation project. The project was posted and advertised as
required by the State of California's Public Contract Code. In addition to the required advertising
notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids
were opened on July 20, 2007.
The Town received three bids:
. Ghilotti Construction in the total amount of $584,297 ($418,358 for Base Bid plus
Additive A),
. JA Gonsalves & Sons in the total amount of$606,590 ($409,990 for Base Bid plus
Additive A), and
. Ghilotti Brothers in total amount of $698,768 ($492,937 for Base Bid plus Additive A).
The Engineer's Estimate was $573,064 for the entire length of the project. Staff proposes to
complete the Base Bid plus Additive A ($418,358) which resurfaces Mar West Street from
Tiburon Blvd to Esperanza Street, as well as Esperanza Street. The bid summary sheet is attached
for the Council's review.
The types of improvement include asphalt concrete grinding and resurfacing, pedestrian path
construction along Mar West Street, slurry sealing, localized base repair, curb and gutter
installation, traffic striping, and other miscellaneous drainage improvements.
Staff has reviewed the bid proposals with other jurisdictions across the Bay Area and found them
to be consistent. The low bidder, Ghilotti Construction, is a qualified contractor with a valid
Contractor's License, and is responsive to the contract specifications with reasonable references.
Town Council Meeting
Construction management and materials testing fees will be provided by Gannet Fleming, located
in Mill Valley, at a cost of approximately $21,000. Based on allocated budgets for FY 2007-08,
there are enough funds to complete the project.
If the project is approved by Council, the following general timeline can be established:
. Contract documents could be executed by the end of August.
. A preconstruction meeting could be scheduled during the first week of September.
. Construction could start by September 24th.
. With thirty (30) working days allocated for this project, all work could be completed by
early November, 2007.
RECOMMENDATION
Staff recommends that the Town Council:
Approve the award of a construction contract for the 2007 Mar West Street Rehabilitation
project to Ghilotti Construction in the amount of $418,358, plus 10 percent for
contingency, or $41,836.
Exhibits:
Bid Summary Sheet
Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer p---.
TOWN OF TIm TRON
Page 2 of 2
Analysis Using Engineer quantities and bidder
unit prices.
Base Bid
Traffic Control
Mobilization
Clearing and Grubbing
Sheeting Shoring and
Bracing
Asphalt Concrete
Pavement reinforcing
Fabric
Mill Asphalt Concrete
pavement 2"
Asphalt Concrete Wedge
Grind
Asphalt Concrete
Conform grind 20'
Roadway Excavation
Asphalt Concrete Base
repair
Aggregate base
Install 4" Concrete Dike
Install 6" Concrete Dike
Install Mountable
Concrete Dike
Pothole Existing Utility
Install 12" reinforced
Concrete Pipe
Install Storm Drain
Manhole
Install Shallow Storm
Drain Manhole
Install Catch basin
Install Grated Drop Inlet
Adjust manhole to grade
Adjust Sanitary Sewer to
Grade
Adjust Monument to
Grade
Remove Yellow Traffic
Stripe and pavement
Marking and Lead
Compliance
Bidder
Base Bid
Add itive A
Additive B
Total Bid
Surety
Addenda #1
Equal Employment
Public Contract
Non Collusion
Debarement &
Suspension
Lobbying
license
DBE
Subs Listed
Tiburon Mar West Road
Preliminary Bid Analysis
J.A. Gonsalves & Son
Ghilotti Construction Construction
$393,273.00
$25,085.00
$165,938.80
$584,296.80
Ghilotti Brothers
$396,690.00
$13,300.00
$196,600.00
$606,590.00
$462,536.60
$30,400.00
$205,831.80
$698,768.40
10% bid Bond 10% bid Bond 10% Bid Bond
Acknowledged Acknowledged
Yes Yes Yes
No No No
Included Included Included
N/A N/A N/A
None Signed Blank None
A 64415 A 676166 A 132128
2% $12,133.11 96% $381029.00
Yes Yes
11,000.00
22,000.00
2,500.00
25,106.10 40,000.00
15,000.00 30,000.00
15,000.00 18,000.00
15,000.00 9,000.00
107,613.00 119,570.00
11,419.50 12,180.80
672.00 744.00
21,372.40 19,037.60
1,720.00 1,182.50
2,000.00 5,000.00
21,219.00 32,150.00
6,300.00 16,800.00
7,752.00 2,244.00
15,540.00 6,105.00
1,295.00 407.00
2,400.00 7,200.00
38,220.00 50,050.00
25,000.00 10,000.00
6,500.00 7,500.00
4,500.00 4,000.00
4,500.00 5,000.00
6,800.00 4,400.00
850.00 550.00
850.00 550.00
2,250.00
145,658.00
17,509.90
4,320.00
13,290.40
4,300.00
2,050.00
32,150.00
8,484.00
1,020.00
2,775.00
185.00
4,170.00
46,410.00
9,000.00
4,500.00
3,800.00
3,800.00
3,600.00
450.00
450.00
21,000.00
2,500.00
21,000.00
Install Detail 1 (paint) 807.10 9,224.00 807.10
Install Detail 21 (Paint) 342.95 1,083.00 342.95
Install 12" White Stripe 1,478.40 2,304.00 1,478.40
Install White Pavement
markiing (Paint) 1,188.25 1,960.00 1,188.25
Install Type "A" White
Non Reflective Marker 504.00 840.00 504.00
Replace and/or Install
Blue Marker 100.00 250.00 100.00
Remove and Install
Existing Bollard 1,000.00 750.00 1,500.00
Relocate Sign 325.00 500.00 1,000.00
Remove and replace
metal Beam Guardrail 7,605.00 6,500.00 14,625.00
Install Headwal Structure
#1 11,000.00 11,000.00 14,000.00
Handrail 2,250.00 3,150.00 4,320.00
Base Bid Total 393,273.00 396,690.00 462,536.60
Additive Bid A
Install Headwall Structure
#2 15,000.00 7,500.00 20,000.00
Install Rock Slope
Protection 9,020.00 3,300.00 9,900.00
Install Galvanized Steel
Checkered Plate 1,065.00 2,500.00 500.00
Additive Bid A SubTotal 25,085.00 13,300.00 30,400.00
Additive Bid B
Traffic Control 74.00 22,485.00 20,000.00
Mobilization 1,000.00 4,000.00 19,000.00
Clearing and Grubbing 70.00 7,500.00 7,500.00
Asphalt Concrete 103,224.00 82,110.00 86,020.00
Asphalt Concrete Wedge
Grind 13,338.00 20,520.00 22,230.00
Asphalt Concrete
Conform grind 20' 2,124.00 1,062.00 1,239.00
Asphalt Concret base
Repair 6,272.00 8,960.00 16,128.00
Slurry Seal 8,592.00 9,600.00 8,520.00
Adjust manhole to grade 7,200.00 13.600.00 8,800.00
Adjust Sanitary Sewer to
Grade 900.00 1,700.00 1,100.00
Adjust drainage Inlet to
grade 1,100.00 850.00 550.00
Adjust Monument to
Grade 450.00 850.00 550.00
Remove Yellow Traffic
Stripe and pavement
Marking and Lead
Compliance 8,400.00 3,500.00 8,400.00
Install Detail 1 (paint) 781.55 8,932.00 781.55
Install Detail 21 (Paint) 351.50 1,110.00 351.50
Install 12" White Stripe 1,516.90 2,364.00 1,516.90
Install White Pavement
markiing (Paint) 1,944.85 2,807.00 1,944.85
Install Type "A" White
Non Reflective Marker 1,080.00 1,800.00 1,080.00
Replace and/or Install
Blue Marker 120.00 300.00 120.00
Additive Bid B SubTotal 158.538.80 194.050.00 205,831.80
Total Bid 576,896.80 604,040.00 698,768.40
TOWN OF TIBURON
- 1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 15, 2007
Agenda Item: -6- - 'I
STAFF REP()RT
To:
Mayor and Members of the Town Council
From:
Department of Public Works
Subject:
Recommendation to Approve a Budget Amendment of $12,000 for
CSW -ST2 to Complete the Storm Drain Master Plan
Reviewed By:
~
DISCUSSION
In 2004, the Town adopted a stormwater runoff impact fee. The intent of the fee was to capture
revenue to offset the cumulative impact of new impervious surfaces created by construction
projects throughout the Town. Town streets and storm drain facilities have been impacted by the
effects of cumulative runoff over the years, requiring storm drain replacement and/or
improvements and street re-contouring to convey the increased flows.
The development of a Storm Drain Master Plan would enhance the management of the Town's
drainage network by updating the current inventory, analyzing overall needs, and identifying the
gaps to bridge for an effective drainage network.
On February 21,2007, the Council authorized staff to execute an agreement with CSW-ST2 to
prepare a Stormwater Master Plan at a cost of approximately $109,000.
The Consultant is requesting an additional $12,000 to complete the, inventorying effort of the
Town's drainage system prior to moving on with their hydrology analysis. It has been difficult for
the Consultant to complete this portion of the work for several reasons:
. Many portions of our drainage network are old and undocumented,
. The network is interspersed with private improvements, and
. The inventory of the storm drain infrastructure is substantially out-of-date.
The Consultant would like to reconcile our inventory as best as they can and will require
additional funds to do so. Although a definitive reconciliation effort comprised of extensive field
work would cost a substantial amount more, this proposed additional effort would be sufficient to
provide the Town with its first system-wide Storm Drain Master Plan. A better documented,
updated, and mapped inventory will provide us with improved base information and a master
plan. Future efforts will fine-tune the base information and plan.
Town Council Meeting
FISCAL IMPACT
The original contract agreement is $109,000. An additional $12,000 is necessary to complete the
work. There are sufficient funds from the Drainage Impact Fee account and Streets and Drainage
reserves for this budget adjustment.
RECOMMENDA TION
Staff recommends that the Town Council:
Move to approve a budget amendment of$12,OOO for CSW-ST2 to complete the Storm
Drain Master Plan.
Prepared By:
Nicholas T. Nguyen, Director of Public Works/Town Engineer~
TO\\'N OF TIBPR00!
Page 2 of 2
TOWN OF TIBURON
r=o 1505 Tiburon Boulevard
1 Tiburon, CA 94920
Town Council Meeting
August 15,2007
Agenda Item: ~ - S-
ST AFF REPORT
To:
Mayor and Members of the Town Council
From:
Police Department
Subject:
Recommendation to Approve Memorandum of Understanding for
Emergency Services Management
Reviewed By:
~/
BACKGROUND:
This report recommends re-approval of a Memorandum of Dnderstanding (MOD) between the
Town of Tiburon and the County of Marin for emergency management services. The MOD has
been in effect since June of 1997 and all municipalities within the county have executed similar
agreements. The agreement covers a three year period and the cost is based on population.
The services provided by the County assures the Town's compliance with Government Code
Section 8607 (4)( e)( 1) mandating the adoption and use of the Standardized Emergency
management System (SEMS) by state and local agencies in order to be eligible for any funding of
response-related costs under disaster assistance programs.
ANAL YSIS:
The MOD identifies the emergency planning services to be programmed, managed and delivered
to the Town of Tiburon by the County Office of Emergency Services. They are:
Emergency Plan - The County has developed and will continue to periodically update the Town's
Emergency Operating Plan and assure that such plans are in compliance with State and federal
guidelines and requirements.
Federal and State Program Requirements - The County will advise the Town concerning State
and Federal Emergency Management Program requirements.
Training - The County will provide training to members of the Town staff in emergency
operations planning, use of the Incident Command System (ICS) and the operation of an
Emergency Operations Center (EOC). The County will assist the Town in planning, coordinating
and evaluating emergency management.
FINANCIAL IMPACT:
The MOU requires the Town to pay $5,118.00 in each of the years covered. Funds for this
purpose have been appropriated in the FY 2007 -2008 budget.
RECOMMENDATION:
Staff recommends that the Town Council:
Move to approve the Memorandum of Understanding between the Town of Tiburon and
the County of Marin as presented.
EXHIBITS:
A. Memorandum of Understanding.
PREPARED BY:
Michael J. Cronin, Chief of Police
MEMORANDUM OF UNDERSTANDING
MARIN OPERATIONAL AREA
THIS AGREEMENT, made and entered into this day of , 2007,
by and between the COUNTY OF MARIN, a Political Subdivision of the State of California, acting
by and through its Board of Supervisors, hereinafter referred to as "County" and the Town of
TIBURON, a municipal corporation of the State of California, hereinafter referred to as "Town."
WITNESSETH:
WHEREAS, County has adopted the Standardized Emergency Management System pursuant
to the provisions of Division 2, Title 19 of the California Government Code; and
WHEREAS, County has adopted the National Incident Management Sys'tem pursuant to the
provisions of the President's Homeland Security Directive-5 (Management of Domestic Incidents);
and
WHEREAS, County has presently existing a well-established Emergency Operations Plan,
and a presently existing, well-established Emergency Organization functioning under the County
Director of Emergency Services pursuant to Section 2.99 of the Marin County Code; and
WHEREAS, it would be naturally advantageous to the parties hereto to have the County
Sheriffs Office of Emergency Services perform certain functions for the said Town;
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, it
is mutually agreed, in accordance with the terms and provisions of the California Emergency Services
Act (Title 2, Division 1, Chapter 7 of the Government Code), as follows:
I. LIAISON
County agrees to appoint a person, at staff level, as a liaison person to Town, and Town
agrees to appoint a primary point of contact person to County. The employee(s) who is (are)
assigned to act as liaison to the Town shall not be an employee of the Town. The personnel
management of such employee is the responsibility of the County.
II. SERVICES
County shall cause the County Emergency Program Manager, and other County Officers and
employees subject to his direction and control, to perform in coordination with and at the
request of the Town, during the term of this Agreement those functions identified in
Attachment A (Scope of Services) for said Town.
Continued
MOU
MARIN OPERATIONAL AREA
III. INDEMNIFICATION
A. The TOWN agrees to defend, indemnify, hold harmless and release the COUNTY, its
Board of Supervisors, and the officers, agents, and employees of the COUNTY, from
and against any and all actions, claims, damages, disabilities, or expenses that may be
asserted by any person or entity including the TOWN, arising out of or in connection
with the activities of the TOWN, its Council, the officers, agents, and employees of
the TOWN pursuant to this Agreement whether or not there is concurrent negligence
on the part of the COUNTY but excluding liability due to the sole active negligence
or sole willful misconduct of the COUNTY. This indemnification obligation is not
limited in any way by any limitation on the amount or type of damages or
compensation payable to or for the TOWN or its agents under workers' compensation
acts, disability benefits acts, or other employee benefit acts.
B. The COUNTY agrees to defend, indemnify, hold harmless, and release the TOWN, its
Council, and the officers, agents, and employees of the TOWN, from and against any
and all actions, claims, damages, disabilities, or expenses that may be asserted by any
person or entity including the COUNTY, arising out of or in connection with the
activities of the COUNTY, its Board of Supervisors, the officers, agents, and
employees of the COUNTY pursuant to this Agreement whether or not there is
concurrent negligence on the part of the TOWN but excluding liability due to the sole
active negligence or sole willful misconduct of the TOWN. This indemnification
obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable to or for the COUNTY or its agents under workers'
compensation acts, disability benefits acts, or other employee benefit acts.
IV. COMPENSATION
Town agrees to pay County a fee of$5,118 annually per the population base rate schedule in
this Agreement for which the term runs for three (3) fiscal years commencing on July 1, 2006
through June 30, 2009.
V. TERMS
This Agreement shall commence on July 1, 2006 and shall continue for three (3) fiscal years
thereafter. Either party may terminate this Agreement, effective at the end of the County
fiscal year, June 30, 2009, by written notice to do so on or before May 1,2009. The rights
and obligations the withdrawing party shall terminate at the end bfthe County fiscal year after
the date of notice.
VI. RATE SCHEDULE
The rate schedule for this agreement is based upon a population percentage rate of the total
population of the participating incorporated areas of Marin County.
Continued
2
MOU
MARIN OPERATIONAL AREA
IN WITNESS WHEREOF, COUNTY OF MARIN, acting and through its Board of Supervisors,
and the Town ofTIBURON, acting by and through its Council, have caused this Agreement to be
executed as of this day of , 2007.
COUNTY OF MARIN,
a Political Subdivision of the State of California,
By
President, Board of Supervisors
TOWN OF TIBURON,
a Municipal Corporation of the State of California,
By
(Title)
Attest:
By
(Title)
Reviewed as to Substance by Department
Sheriff, County of Marin
Reviewed as to form by County Counsel
County Counsel, County of Marin
Continued
3
MOU
MARIN OPERATIONAL AREA
MEMORANDUM OF UNDERSTANDING
ATTACHMENT A: SCOPE OF SERVICES
Emergency Planning
Sheriffs OES will produce emergency response and recovery plans and procedures for the County of
Marin and for the Marin Operational Area. These plans/procedures are designed to standardize and
coordinate emergency response to a wide variety of threats throughout the Operational Area. Some plans
are developed on short notice in response to evolving threats. Examples of the plans that could be
developed and supplied to the MOD member jurisdictions include:
. Operational Area Emergency Operations Plan
. Model Town/Town Emergency Operations Plan
Operational Area Weapons of Mass Destruction (WMD) Response Plan
. Operational Area Threat Level Severe (Red) Response Strategy
. Operational Area Tsunami Response Annex
. Operational Area Hazard Mitigation Plan
Training
Sheriffs OES will make available the County EOC staff development program to MOU member
jurisdictions. Additionally, OES staff may conduct customized training sessions for MOU members as
requested. Possible training subjects include:
. Emergency Operations Center (EOC) staff development
. National Incident Management System (NIMS)
. Standardized Emergency Management System (SEMS)
. Personal preparedness
. Executive Board emergency functions
Public Education and Outreach
Sheriffs OES will offer the following public education and outreach programs to MOD member
jurisdictions:
. Public presentations
. Literature mailouts
. Preparedness Website
. Safety fair representatives
Communications and Warning Systems
Sheriffs OES will maintain a variety of communications and warning systems designed to provide
reliable and redundant capabilities in the event of a major disaster. Systems available to MOU members
include:
. Telephone Emergency Notification System (TENS)
. Marin Emergency Automated Notification System (MEANS)
. Marin Operational Area Satellite Telephone Network
. Emergency Alert System (EAS)
. Radio Amateur Civil Emergency Service (RACES)
. Operational Area Satellite Information System (OASIS)
OES Emergency conference calls (ex. Winter Storms)
Continued
4
MOU
MARIN OPERATIONAL AREA
Disaster Service Worker (DSW) Registration
For MOU member jurisdictions, Sheriffs OES will maintain a uniform method of registering volunteers
as Disaster Service Workers, administer a central database of all registered volunteer DSWs, and prepare
and mail an identification card to each new registered volunteer DSW. OES will coordinate with the
MOU member jurisdiction to ensure compliance with state workers compensation regulations as they
pertain to DSW registration.
Liaison
Sheriffs OES will serve as a liaison between MOU member jurisdictions and the following State and
Federal entities:
. California Office of Emergency Services
. California Office of Homeland Security
United States Department of Homeland Security
. Federal Emergency Management Agency (FEMA)
. National Weather Service
Special Proiects and 'Programs
Sheriffs OES will continue to serve as the proponent for unique projects and programs. These projects
and programs may include:
National Incident Management System (NIMS) implementation
National Resource Typing System
. Operational Area Pandemic Influenza Preparedness Task Force and Working Groups
Biannual Functional Exercises - Golden Guardian Exercise Program
San Francisco Bay Area Regional Emergency Coordination Plan
. Homeland Security Grant Programs
Emergency Management Consulting and Support
Sheriffs OES will provide one-on-one consulting services for MOD member jurisdictions upon request.
As an example, MOU member jurisdictions may seek support in designing and conducting an exercise or
in training its Emergency Operations Center (EOC) staff. Potential consulting subjects include:
Planning
. Training
. Exercises
. Best practices
State and federal regulations
Town/Town emergency management staff development
Disaster Council organization and management
. Town/Town Council resolutions
. EOC staff selection
. EOC design and operations
Disaster supplies and equipment
Continued
5
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
August IS, 2007
Agenda Item:
CC - (p
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Community Development Department
Subject:
Recommendation to Authorize Town Manager to Execute a Services
Agreement with ECS Imaging for Scanning of Community
Development Department Records
/ -......,
~/
Reviewed By:
BACKGROUND
The Town of Tiburon is now using digital scanning technology to store its records. ECS Imaging
Services began sc'anning records for the Town Clerk's office earlier this year, and is
recommended to perform this task for Community Development Department records as well.
Community Development Department Staff prepared a scope of services for digital scanning and
indexing of Community Development Department records created after 1/1/2000. Records
created prior to that date have been microfiched using older technology. Staff discussed the
scanning with potential vendors and found ECS to be the most appropriate.
FISCAL IMPACT
A total of $80,000 was appropriated toward this project adopted operating budget for FY 2007-
2008.
RECOMMENDATION
Staff recommends that the Town Council:
Approve the services agreement with ECS Imaging Services and authorize the Town
Manager to execute it in an amount not to exceed $50,000.
Prepared By:
Scott Anderson, Director of Community Development W
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 15,2007
Agenda Item:
CC-l
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Community Development Department
Subject:
Recommendation to Authorize Town Manager to Execute Services
Agreement for an Environmental Impact Report for the Alta Robles
Residential Project
Reviewed By:
@
BACKGROUND
The Town of Tiburon has received an application for a precise development plan, prezoning and
annexation for the 52-acre Rabin & SODA properties located off Paradise Drive in the vicinity of
Seafirth Estates. Fourteen homes (13 new and one existing) are proposed. Staffhas determined
that an Environmental Impact Report (EIR) is required for this project. Staff received three
. proposals to prepare the EIR for this project, as follows:
Design, Community & Environment
Nichols-Berman
Lamphier-Gregory
$119,865
$154,915
$207,135
Staff reviewed the three proposals, found the Nichols-Berman proposal to be clearly superior, and
recommends that this firm be selected to prepare the EIR. This firm has an excellent track record
in preparing environmental documents for the Town, especially on larger-acreage projects.
FISCAL IMPACT
None. The applicant will be responsible for all consultant and Town costs associated with
preparation of the EIR.
RECOMMENDATION
Staff Recommends that the Town Council:
Approve the recommended selection and authorize the Town Manager to execute the
agreement for professional services with Nichols-Berman to prepare the ErR for the Alta
Robles project in an amount not to exceed $155,000.
Prepared By: Scott Anderson, Director of Community Development~
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 15, 2007 OJ
Agenda Item: CC - 0
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Community Development Department
Subject:
Recommendation to Authorize Town Manager to Execute Amendment
to Services Agreement for an Addendum to an Environmental Impact
Report for the Parente Residential Project
Reviewed By:
~/
BACKGROUND
The Town of Tiburon has been processing the Parente Precise Development Plan application for
some time and has certified an Environmental Impact Report for the proj ect. A new owner of the
property has recently filed a revised application that requires preparation of an Addendum to this
EIR. The Parente project originally proposed five homes on ten acres; the revised submittal calls
for two homes. Town Council action is required because the cost of the Addendum exceeds the
maximum amount ($20,000) that can be authorized by the Town Manager without Town Council
approval.
Staff has prepared an amendment to the original services agreement with the firm of Leonard
Charles & Associates authorizing preparation of the Addendum. The amount of the contract
amendment is $27,525.
FISCAL IMPACT
None. The applicant will be responsible for all consultant and Town costs associated with
preparation of the EIR addendum.
RECOMMENDATION
Staff recommends that the Town Council:
Approve the amendment to the services agreement and authorize the Town Manager to
execute the amendment in an amount not to exceed $27,525.
Scott Anderson, Director of Community Development ~
Prepared By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
August 15, 2007
Agenda Item: 4[-1
ST AFF REPORT
To:
Mayor and Members of the Town Council
From:
Office of the Town Manager
Subject:
Recommendation to Approve Memorandum of Understanding with Marin
~ Authority and Related Budget Amendment of$II,356
Reviewed By:
BACKGROUND
The Marin Housing Authority (MHA) currently monitors 19 units of deed restricted below market
rate (BMR) ownership housing in Tiburon, located in the Point Tiburon Marsh and Chandlers
Gate developments. MHA also owns and operates rental BMR units in the Town, located at the
Bradley House development on Esperanza Street.
These units were developed by private parties over the years in satisfaction of Town affordable
housing requirements. Once purchased by qualifying BMR buyers, these units are controlled
only by their deed restrictions. The Marin Housing Authority monitors these and other units
throughout the county to ensure compliance with deed restricts and that the units remain
affordable if they change hands or fall into foreclosure. This report addresses a request from
Marin County Housing to enter into a Memorandum of Understanding (MOU) to partially
compensate them for the services they provide to the Town.
DISCUSSION
Historically the Marin Housing Authority has undertaken a variety of services without direct
compensation from Marin cities. Due in part to cutbacks in federal funding, MHA Director
Barbara Collins believes it can no longer provide this level of support without annual
contributions from the jurisdictions that benefit from their activities. Consequently, Marin
Housing is seeking to establish a Memorandum of Understanding with Tiburon which includes a
contribution for this fiscal year of$11,356. This number is derived from Tiburon's proportional
share of units in the County that are serviced by Marin Housing. Most Marin cities (except those
with no relevant housing stock or their own housing authority) and the County are participating in
this effort and are executing Memorandums of Understanding similar to the one proposed herein.
The proposed MOU between the Town and Marin Housing, Attachment A, includes several
exhibits that detail the services it provides including monitoring for compliance, qualifying
buyers, establishing sales prices consistent with deed restrictions and stepping in during
foreclosures.
While Marin Housing sought a five year term for the MOU, Town staff thought it best to
establish a year-to-year agreement. This will provide greater control in the unexpected event that
problems develop or the Town is unsatisfied with the services provided. The MOU will run
concurrently with the Town's fiscal year cycle.
FINANCIAL IMPACT
The funds for the MOU are available in the Low -Moderate Housing Fund (housing in-lieu fees).
Its approval will require a budget appropriation at this time of $11 ,356.
RECOMMENDATION
Staff recommends that the Town Council move to:
1. Approve the Memorandum of Understanding with Marin Housing Authority as
presented;
2. Amend the 2007-2008 budget to appropriate $11,356 from the Low-Moderate
Housing Fund for the Marin Housing Authority Memorandum of Understanding
for fiscal year 2007-2008.
Attachment:
Memorandum of Understanding, with exhibits
Prepared By:
Peggy Curran, Town Manager
MARN
HOUSING
Making Housing More Affordable
Memorandum of Understanding
This Memorandum of Understanding ("MOU") is entered into as of July 1 , 2007 (Effective
Date"), between the Housing Authority of the County of Marin (the "Housing Authority") and the
Town of Tiburon (the "Jurisdiction") with respect to the administration of the Below Market Rate
Homeownership Program (the "BMR Program"). This MOU shall define all of the policies and
procedures which shall govern the pre-development planning, consulting services, initial sale,
monitoring, resale and refinance of each unit within the Jurisdiction that is administered by
Marin Housing through the BMR Program (the "BMR Unit").
The Housing Authority and the Jurisdiction agree as follows:
1. BMR Program Fees. The Housing Authority shall be paid for services and activities
provided in support of the BMR Program with respect to the Jurisdiction's BMR Units
according to the attached Exhibit A--BMR Program Fee Schedule. The Fee Schedule shall
be reviewed and revised annually by the parties to this MOU.
2. Term of MOU. The initial term of this MOU shall be one year from the Effective Date " The
term shall automatically renew for an additional one-year on the first four anniversaries of
the Effective Date unless either party notifies the other in writing of its intent not to renew no
later than May 1 for the subsequent fiscal year.
3. Notices. Notices shall be sent to the following addresses:
Housing Authority: Housing Authority of the County of Marin
Attention: Executive Director
4020 Civic Center Drive
San Rafael, CA 94903-4173
Jurisdiction: Town of Tiburon
Town Manager
1505 Tiburon Blvd.
Tiburon, CA 94920
4. Resale Restriction Documents. The BMR Unit shall be secured by a Resale and
Refinancing Restriction Agreement and Option to Purchase ("Agreement and Option"), and
a Housing Authority Deed of Trust, both of which will be recorded with the property at the
close of escrow. The Option to Purchase shall be on a form mutually agreed to by the
Housing Authority and the Tiburon Town Manager.
1 of 9
8/9/2007
5. Priorities and Preferences in the Selection of Buyers. The Housing Authority will utilize
a lottery system to select prospective buyers from among all BMR applicants. The Housing
Authority will utilize a standard definition of live/work in Marin County as a priority in the
selection of prospective buyers for any BMR Unit. If the jurisdiction desires to implement
any other priorities or preferences in the selection of buyers for any BMR Unit, the
jurisdiction must assume all of the duties associated with the selection of the buyer for the
BMR Unit. The Housing Authority will not participate in any buyer selection or qualification
that requires the use of any other priority or preference system.
6. Default, Foreclosure, or Over-Encumbrance of BMR Unit. Any BMR Unit that falls into
default or foreclosure, or that becomes over-encumbered, shall be subject to the Housing
Authority's assignment of the property back over to the jurisdiction. In such a case, if the
jurisdiction provides their fair share of program costs, then Marin Housing Authority will
provide the services to secure the property, but may require a short-term loan from the
jurisdiction to secure the property. Otherwise, the jurisdiction may elect to contract with
another agency or professional service, may choose to resolve the matter utilizing its own
staff and resources, or may choose to contract with the Housing Authority on a case-by-
case basis to provide services on a cost plus basis to resolve the matter.
7. This MOU includes the following Exhibits, which are attached hereto and
incorporated herein by reference:
Exhibit A
BMR Fee Schedule, January 2, 2007
Exhibit B
BMR Program Services and Fees
For the TOWN OF TIBURON:
MARGARET A. CURRAN, Town Manager
DATE
For MARIN HOUSING:
BARBARA COLLINS, Executive Director
DATE
2 of 9
8/9/2007
Exhibit A
BMR Program Fee Schedule
Effective January 2, 2007
1. Annual Retainer
For the 19 BMR Units in the Jurisdiction administered by the Housing Authority, the
Jurisdiction shall pay to the Housing Authority an annual fee of $11,356.00, payable
upon presentation of invoice. If the Annual Retainer is paid by the Jurisdiction, all
services except legal, title, recording, and loan charges will be provided by Marin
Housing Authority at no additional cost to the Jurisdiction. Exceptions will be charged at
actual cost to Marin Housing and the jurisdiction will be provided with an estimate of
those costs.
See Exhibit B for a list of services included in Annual Retainer
BMR Program Costs by Jurisdiction
Corte
Madera County Larkspur Mill Valley San Anselmo San Rafael Tiburon TOTAL
BMR Units 31 91 25 25 3 117 19 316
% of Inventory 9% 29% 8% 8% 1% 37% 8% 1 000/0
% of Operating $18,528.88 $54,391.22 $14,942.64 $14,942.64 $1,793.12 $69,931.57 $11,356.00 $188,875.00
Otherwise the following apply:
2. Sale of BMR Units
For each sale of an existing BMR Unit in the Jurisdiction that is facilitated by the Housing
Authority, the Housing Authority shall be paid a BMR Sales Transaction Fee equal to six
percent (6.00/0) of the sales price of the BMR Unit, to be divided and paid in equal
shares-one-half by the Buyer and one-half by the Seller, through the escrow account. If
at mid-year Marin Housing Authority has recovered all program costs for that Jurisdiction
through sales, then the Jurisdiction will be refunded their Annual Retainer.
3 of 9
Marin Housing MOU 8-9-07 GIn
8/9/2007
3. Pre-Development Activities and Consultation with Developers
The fee for pre-development activities and consultation with the City and with developers
regarding the City's inclusionary housing requirements, and the delivery and pricing of
work-force or affordable housing shall be arranged in advance by means of a written
contract with the Housing Authority for each specific development and/or developer at
$100 per hour.
4. Default. Foreclosure. Over-Encumbrance. Bankruptcv
For any BMR Unit that falls into default or foreclosure, or becomes over-encumbered, or
subject to bankruptcy proceedings, the Housing Authority will assign its option and all
rights under the BMR Resale Restrictions to the Jurisdiction. The Jurisdiction, at its
option, may elect to contract with the Housing Authority at $100 per hour plus legal costs
and/or engage outside professional legal services in recovering the BMR Unit.
40f9
Marin Housing MOU 8-9-07 cln
8/9/2007
Exhibit B
BMR Proqram Services and Fees
. Annual monitoring of at least one third of existing BMR units to verify current
owner for compliance with the Resale Restrictions (e.g., continuing owner
occupancy, property upkeep, not over-encumbering the property, etc.)
. Provide semi-annual status reports to the Jurisdiction on BMR sales activity
and related information (e.g., BMR owner demographics, current affordability
levels, number of BMR resales, etc.)
. Create and distribute an annual newsletter to BMR participants
. Respond to routine inquiries from BMR owners, lenders, realtors and
developers regarding how the BMR program works, how the resale
restrictions work, how to determine affordability, how to apply for capital
improvements, what is the resale procedure, what is the policy on renting,
matters dealing with inheritance and changes on title, etc.)
. Available "on call" to meet with the Jurisdiction and prospective developers to
discuss the locality's inclusionary requirements and how they can be met
through the BMR Program, and explain how to determine a specific
"affordable" sales price to be applied to a general income level target
. Provide current Median Household Income information to Jurisdictions and
prospective developers and explain the nuances of Income Limits, Median
Income, the relationship between them, and how they are typically used to
determine affordability
. First-time homebuyer counseling regarding mortgages, refinancing, and
HOA's
. Consult with Jurisdictions and instruct attorneys regarding Option Events:
.:. Over-encumbrance
.:. Defaults
.:. Deaths, Inheritance
.:. Renting out (living elsewhere)
Additional Programs:
. Administer ADDI (American Dream)
. Apply for funding and administer Mortgage Credit Certificate Program
. Administer Marin City Down Payment Assistance Program
5 of 9
Marin Housing MOU 8-9-07 c1n
8/9/2007
Incidental BMR Program Fees
.:. BMR Lottery Application: The application fee for individuals to enter the
lottery for BMR units that are sold by Marin Housing shall be an annual
fee $50 for the calendar year, payable at the time of submitting an
application.
.:. BMR Resale Price Valuation: The fee for preparing a BMR Resale Price
Valuation shall be $100, payable by the owner, in advance.
.:. Capital Improvements: The fee for inspecting and approving the value of
capital improvements to be added to the BMR Resale Price shall be
$100, payable by the owner, in advance. The Housing Authority will not
consider any capital improvements that total less than $1,000 and that the
Housing Authority has not approved in writing, in advance.
6 of 9
Marin Housing MOU 8-9-07 c1n
8/9/2007
BMR Re-Sale Services
1. MHA receives letter from BMR Owner ("Seller") notifying MHA of Owner's Intent to
Sell.
2. MHA calculates BMR Re-Sale Price as of date of receipt of letter (worksheet & cover
letter) and sends to Seller within 5 days; and prepares list for "Receipt of Documents"
for later use.
3. MHA sends Seller an acknowledgement letter confirming BMR Re-Sale Price and
proposed schedule to complete the re-sale transaction; and advises seller to order
Resale Inspection from City if Code Regulations state that City requires; and ask
Seller to send us copy.
4. MHA contacts local jurisdiction to inform them of resale and determine if locality
wants to do anything other than re-sell to a qualified first-time homebuyer.
5. MHA advises Jurisdiction of any additional costs related to title, recording fees, and
legal costs.
6. MHA makes an appointment and performs an inspection of the BMR unit to review
condition of the unit, assess any capital improvements to be factored into the price as
well as any necessary repairs or adjustments to the price, and reviews details of the
re-sale process with the Seller; and requests HOA disclosure documents from seller
(see detailed below in #7).
7. MHA orders Contractor's Inspection (to be charged to Seller out of close of escrow).
Contractor's Inspection will prevent last-minute complaints by Buyer, after close of
escrow.
8. MHA contracts for any repairs or replacement items with a licensed, insured, general
contractor. MHA will secure three competitive bids to complete the work.
9. MHA orders from Condo Certs (cost to be charged out of close of escrow to seller)
HOA Disclosure Docs, including Real Estate Transfer Disclosure Statement and
"Request For Response" from Management Co, and requests from Seller their HOA
disclosure documents, minutes, etc; lists them on a Receipt for Documents index;
performs a review of documents and does any necessary follow-up to verify that the
packet is complete. (MHA) meets later with Buyer, who signs for receipt of docs,
including Natural Hazard Disclosure Report and Earthquake Safety Booklet.
10. MHA order Natural Hazard Disclosure Report.
11. MHA conducts outreach and marketing; establishes deadline for applications; sets
date for lottery.
12. MHA orders Preliminary Title Report from the title company and a Structural Pest
Control Report from a local termite inspection company. MHA reviews both reports
and contacts HOA, if necessary, regarding follow-up on repairs.
13. MHA performs lottery (generally within one week of Notice to Sell) to select list of
prospective buyers from among all eligible applicants utilizing Access database and
random number generator software program.
14. MHA sends out a letter with the lottery results to the top 10 to 15 names and invites
those applicants to an Open House to be conducted by the Seller on a specified
7 of 9
Marin Housing MOU 8-9-07 cln
8/9/2007
weekend. The letter describes follow-up procedures if the applicant is interested, and
lists the required documentation the applicant will need to bring to the interview.
15. MHA logs and tracks confirmation of interest from the applicants and schedules
appointments for eligibility interviews with those who ranked highest in the lottery.
16. MHA conducts an eligibility interview to screen the applicant for BMR program
eligibility and applicant's ability to qualify for financing. MHA provides an overview of
the BMR Program, the Resale Restrictions and financing options. MHA also reviews
with the applicant a pro forma financial analysis of the purchase transaction (typically
runs 2 to 3 hours per interview session).
17. MHA contacts the applicant's lender to verify feasibility of the proposed financing and
any outstanding issues (e.g., crediUdebt issues, funds available for down payment
and closing, gift funds, required documentation, etc.); and remains in contact
regarding pre-approval for financing.
18. Once an applicant has been determined eligible and has provided evidence of loan
pre-approval, MHA draws up a Standard Residential Purchase Agreement, which is
signed in a one-on one session with MHA, first by the Buyer and then by the Seller.
The Purchase Agreement includes the proposed terms of the Buyer's financing and
establishes the proposed date for the close of escrow. Attachments to the Purchase
Agreement include the BMR Program Transaction Fee Disclosure and the BMR
Buyer's Disclosure Statement, and any Addendum regarding Buyer/Seller credits, if
applicable. Make sure that Buyer understands family inheritance rules before signing
Disclosure.
MHA gives Buyer a general presentation all of the required disclosure documents,
lists them on a Receipt for Documents index, and gives to Buyer, who signs for
receipt of each item.
19. MHA sends via Registered Mail the "Exercise of Option" letter, within 60 days of
receipt of owner's "Notice to Sell".
20. MHA provides copies of the signed Purchase Agreement (including any Addenda),
Contact Sheet, Preliminary Title Report, Resale Restrictions and Buyer Eligibility
Letter to the Lender.
21. MHA forwards Buyer's initial deposit of 30/0 of the purchase price to the Title Company
along with Escrow Instructions, Contact Sheet, and the original executed Resale
Restriction documents to be recorded at the close of escrow.
22. MHA receives Mortgage Credit Certificate application forms completed by the Buyer
and the Lender and MHA issues an MCC Commitment Letter confirming reservation
of an MCC allocation for that specific transaction. This process may periodically
alternate with the use of American Dream funds administration.
23. MHA interviews and qualifies at least one additional applicant (next in line from the
lottery) to fill a back-up position should the selected Buyer drop out for any reason or
fail to obtain final loan approval.
24. MHA continues to follow up with the Buyer, Seller, Lender and the Title Company to
coordinate final steps, resolve any outstanding issues and see the transaction
through to a successful close of escrow.
25. MHA does final walk-thru with Buyer 3 days prior to close of escrow; while Seller is
responsible for any applicable repairs.
8 of 9
Marin Housing MOU 8-9-07 cln
8/9/2007
26. MHA coordinates with Seller to bring keys to MHA and we give keys to Buyer at the
close of escrow.
27. MHA receives BMR post-loan-closing documents from the Title Company (BMR
Sales Transaction Fee, HUD-1 Settlement Statement, recording information for the
Resale Restriction documents, Request for Notice of Default, etc.).
28. MHA receives MCC post-loan-closing documents from the Lender and issues the
MCC.
29. MHA updates both the BMR and the MCC databases and the relevant files to
document the BMR re-sale transaction and the newly issued MCC.
*** American Dream or MCC will be explained to applicant, as available.
9 of 9
Marin Housing MOU 8-9-07 cln
8/9/2007
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
August 15, 2007
Agenda Item: 4-I.2
)1
...,
ST AFF REP()RT
To:
Mayor and Members of the Town Council
From:
Public Works Department and Community Development Department
Reviewed By:
Consideration of Future Multi-Use Path Striping and Marking
(fij)
Subject:
BACKGROUND
As part of the Marin Municipal Water District (MMWD) 2004-05 Fire Flow Master Plan
(FFMP), MMWD is currently installing a replacement pipeline along the Tiburon Multi-Use Path
(MUP) between South of Knoll and Lagoon Road. The new pipeline intends to replace two
smaller (10-inch and 14-inch diameter) cast iron pipes that were installed in the 1920's and in
1957. The new water main is to assure that the water supply will be available for fire fighting
and domestic use on the Tiburon peninsula in the advent of a major earthquake.
Construction has been ongoing for the past several months, with estimated completion in
September 2007. The new restored path, consisting of a 10- foot paved path flanked by 3 to 4-
foot decomposed granite jogging paths, presents a fresh opportunity to better manage the various
modes of traffic using the MUP.
The Tiburon Bicycle and Pedestrian Advisory Committee (BP AC) is currently proposing a multi-
use path re-opening ceremony, to be held in October. This event aims to educate local residents,
as well as cycling clubs and bike rental agencies about the need for safety and courtesy on the
path. With the installation of the signage proposed, BP AC would be able to effectively and
successfully reach multi-use path users and hopefully create a friendly and safe path for
everyone's enjoyment.
PROPOSAL
Many citizens have complained about speeding cyclists and an overall lack of courtesy on the
path. In an effort to create a more user-friendly and safer multi-use path, staffhas developed a
design proposal based upon the recommendations of BPAC. The proposal incorporates the
installation of new free-standing and stenciled signage along the path.
Overall, the Committee agreed that the revised multi-use path needed two designated areas as
"slow zones". By incorporating painted white stripes in descending order (i.e. 3, 2, 1) and then
the word "CAUTION" stenciled after the last stripe, this would send the message to cyclists and
skaters that they are entering a sensitive area; one in which children are more likely to be present,
or where a roadway intersects the path. These two areas are depicted on the aerial photo provided
in Exhibit 1, which also shows an example of what the path would look like. The stenciling
would be located once on the path, in the following locations:
Southbound: At the water treatment plant, where the path begins to narrow, again at the top of the
curve at McKegney Green, and just before the stairs approaching San Rafael Avenue.
Northbound: Between the Del Mar access point at the South of Knoll area and the gravel bypass,
and south of San Rafael Avenue just before the informal path from Lagoon Road.
In addition to stenciling the series of stripes and the word "CAUTION", the Committee agreed
that the existing dashed white line on both sides of San Rafael Avenue should be maintained fifty
feet in either direction. This would ensure that multi-use path users remain on the path and keep
to the right through this curved section. No other painted stenciling would be located on the path,
as both staff and BP AC agreed that too much would result in a path that is not aesthetically
pleasing when viewed from the roadway and the path itself.
Regarding free-standing signage, two types of signs are proposed. Entry signs would be located
at the beginning of the path near McKegney Green, and at the end of the path at Cove Road.
These signs would be three feet by two feet in size, and would contain basic multi-use path
etiquette. Specific design and wording can be found in Exhibit 2.
Half mile marker or bollard signs would be used to simply reiterate the message of the larger
entry signage, and would also serve a purpose of mile markers (Exhibit 3). This would aid
tourists in determining how much further the downtown area, the ferry landing or Blackie' s
Pasture is from their current position on the path. The signs would be fairly small, at roughly
three and half to four feet in height, with a sign size of approximately five inches by eight inches.
Countywide bike route signage would also be incorporated onto both the entry and bollard signs.
Many bike rental agencies incorporate the route signage on their handouts and maps. Route 10
specifically runs through Tiburon along the Boulevard. Through the placement of the route
signage on both the entry and bollard signs, cyclists who are following a route map will clearly
understand they are heading in the correct direction, at the same time as providing a link to the
countywide route signage.
The intersection of San Rafael Avenue and Tiburon Boulevard is known to be confusing to out of
town cyclists, as many are unaware to keep straight and not veer right down San Rafael Avenue.
As shown in Exhibit 4, two bollard style directional signs are proposed for each side of the
intersection to help direct cyclists to stay on the path, and to prevent them from traveling down
San Rafael Avenue into Belvedere.
A final bollard sign (Exhibit 5) would be installed on the south side of the intersection of Cove
Road and Tiburon Boulevard. The purpose would be to indicate to users of the path that while
the multi-use path appears to end, they are still heading in the correct direction to arrive in the
downtown area and reach the ferry landing.
FINANCIAL IMPACT
Staff anticipates that the cost of fabrication and installation of the signs and stenciling will be
approximately $8,000.00.
RECOMMENDATION
Staff recommends that the Town Council:
Move to authorize staff to proceed with the project as described.
Exhibits:
1.
2.
3.
4.
5.
Proposed Multi-Use Path Design and Signage Layout
Proposed Entry Signage
Proposed Half Mile Marker/Bollard Signage
Proposed San Rafael Avenue Directional Signage
Proposed Cove Road Signage
Prepared By:
Nick Nguyen, Director of Public W orks/T own Engineer
Laurie Tyler, Associate Planner
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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
August 15,2007
Agenda Item: II!-I
I STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Office of the Town Manager
Office of the Town Attorney
Subject:
Recommendation to Pass First Reading of the TTBID Ordinance
Reviewed By:
~
BACKGROUND
On June 6,-2007, the Town Council adopted Resolution No. 26-2007, declaring its intention to
establish a Parking and Business Improvement Area known as the Tiburon Tourism Business
Improvement District ("TTBID"). The TTBID would levy an assessment on lodging
establishments, to fund a partnership with the Marin County Tourism Business Improvement
District ("MCTBID") to promote tourism in the Town. The MCTBID operates as the Marin
County Visitors Bureau (MCVB), with seven participating cities: Corte tvladera, Fairfax,
Larkspur, Mill Valley, Novato, San Anselmo and San Rafael.
The Town undertook the process of forming the TTBID at the request of the Town's two hotels,
the Lodge at Tiburon and the Water's Edge Hotel (collectively, "Hotels"). The TTBID would
levy assessments against these two properties and against any future lodging establishments that
locate within the Town. The Ho~els would pay a one-percent assessment over and above the
current Town Transient Occupancy Tax. The Town, as the collecting entity, would retain 1 % of
the collection to cover administrative costs.
After the June 6th meeting, the Town sent all record owners of the Hotels a copy of the Resolution
and a written notice of the Town Council's pending public informational meeting and public
. hearing on the TTBID. The notice also advised the property owners that (1) the Town would
abandon the assessment process if they received written petitions by owners would pay 50
percent or more of the annual assessments levied; and (2) they make a protest against the
assessment by mail to the Town Council, care of the Town Clerk.
No one spoke at the Council's informational meeting on the TTIBD. As of the date of this
writing the Town has not received any written protests or other opposition to the TTBID
assessments. Assuming that the Town does not receive adequate protests by the close of the
public hearing on the ordinance, the Town Council may pass first reading of the TTBID
ordinance. If the Council elects to proceed with forming the TTBID, the ordinance will return for
second reading and adoption on September 5, 2007. At a subsequent meeting, staff will ask the
Council to appoint an advisory board, probably to consist of the current MCTBID board
-rO\vn C:oul1cil
June 15, 2007
(assuming that the Town has a representative on that Board), and authorize a contract with the
Marin County Convention and Visitors Bureau for services. Ultimately, the TTBID will be
merged into the MCTBID.
RECOMMENDATION
Staff recommends that the Town Council conduct a public hearing on the TTBID and the
proposed new ordinance.
1. At the close of the public hearing, the Town Clerk should report on the
number of written protests received, if any.
2. If the Town Clerk has received written protests by owners that will pay 50
percent or more of the annual assessments, the Council should terminate
the TTBID process and take no further action.
3. If the Town Clerk has not received written protests by owners that will pay
50 percent or more of the annual assessments, the Council should consider
whether it wishes to proceed with forming the TTBID.
4. If it finds in the affirmative, the Council should by motion, read the
ordinance by title only; and pass first reading of the ordinance by roll call
vote.
EXHIBITS
A. Staff Report of June 6, 2007 (without Exhibits)
B. Resolution of Intention, Resolution No. 26-2007
C. Draft Ordinance Establishing The Tiburon Tourism Business Improvement District
(TTBID )
Prepared by: Ann R. Danforth
'[0\\:\ or'I'IBLRO\
Page 2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
June 6, 2007
Agenda Item:
STAFF REPORT
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
.1 'I
~>-. i.A h, f A
'Town C:ouncil
6.2007
If the Council wishes to have the town join the MCTBID, the process is as follows:
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
D. Letter from Water's Edge Hotel
E. Letter from The Lodge at Tiburon
F. Resolution of Intention
G. Notice of Proposed Assessment
Prepared by: Peggy Curran, Town Manager
OF 'fUHRO"J
Page 2 2
RESOLUTION NO. 26-2007
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 projects,
programs, and activities that benefit lodging establishments within the TTBID, including
management and visitor services. The Town may merge the TTBID into the MCTBID upon
consent of the Marin County Board of Supervisors.
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
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
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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/ AlIi ances/B 0 ard 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, up to one percent of annual revenues collected. In the
event that the TTBID is merged into the MCTBID, the Town shall retain said collection costs.
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 coup.cils 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.
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.
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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.
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:
Berger, Fredericks, Gram, Slavitz
None
Smith
TOM GRAM, MAYOR
TOWN OF TIBURON
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ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
'rChV i\ (H'
ORDINANCE NO. XXX N.S.
AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ESTABLISHING THE TIBURON TOURISM
BUSINESS IMPROVEMENT DISTRICT (TTBID)
IN THE TOWN OF TIBURON
WHEREAS, on June 6, 2007, the Town Council of the Town of Tiburon adopted
Resolution No. 26-2007 (the "Resolution") entitled "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 TTBID,"
declaring its intention to establish a Parking and Business Improvement Area known as the
Tiburon Tourism Business Improvement District (TTBID) to levy a benefit assessment on
lodging establishments with the TTBID, the process of which shall be used for the public
purposes herein described to benefit the lodging establishments in the TTBID, pursuant to the
Parking and Business Area Law of 1989 Section 36500 et seq. of Division 18 of the California
Streets and Highways Code (the "Act"); and
WHEREAS, Resolution No. 26-2007 was duly published, and copies thereof were mailed,
as provided by law; and
WHEREAS, as specified in Resolution No. 26-2007, the Tiburon Town Council held a
public hearing concerning the formation of the district on August 15,2007, at 7:30 p.m., in the
Council Chambers at 1505 Tiburon Boulevard, Tiburon, California; and
WHEREAS, at the hearing, the Council considered and duly overruled and denied all
protests, both written and oral, made or filed, and determined that there was no majority protest
within the meaning of Section 36523 of the Law; and
WHEREAS, the Town has not received protests in writing from businesses in the
proposed TTBID paying fifty percent or more of the proposed assessment; and
WHEREAS, by Resolution 26-2007 the Town Council consented to the formation of the
below described TTBID within the incorporated territory of the Town of Tiburon, as required by
California Streets and Highways Code Section 36521.5;
WHEREAS, in the Council's opinion, the lodging establishments within the TTBID will
benefit by the expenditure of the funds raised and the assessment levied hereby, in the manner
prescribed herein; and
WHEREAS, the advisory board established by the Council pursuant to the Act shall file
an annual report with the Clerk of the Council for each fiscal year for which assessments are to be
levied and collected; and
WHEREAS, the levy of assessment on the lodging establishments will fund the programs
that the TTBID will provide for the special benefit of lodging establishments in the district. The
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revenue from the levy of assessments shall not be used to provide programs outside the district or
for any purpose other than the purposes specified herein and in the Resolution of Intention; and
WHEREAS, the assessments levied on businesses pursuant to this Ordinance shall, to the
maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within
the TTBID.
NOW THEREFORE, THE COUNCIL OF THE TOWN OF TffiURON HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. A new Chapter 7 A of Title II is hereby added to the Tiburon Municipal
Code to read as follows:
Section 7 A-I Purpose. The purpose of this chapter is to establish the Tiburon Tourism
Business Improvement District.
Section 7 A -2 Establishment of the District. Pursuant to the Act, a business improvement district
area is designated as the "Tiburon Tourism Business Improvement District" (TTBID) is hereby
created and established. The TTBID's boundaries shall be the Town's incorporated limits.
Section 7 A -3 Amendments. All lodging establishments within the boundaries of the district
established by this Ordinance shall be subject to any amendments of the Parking and Business
Improvement Area Law of 1989, codified as California Streets and Highways Code Sections
36500 through 35551, inclusive.
Section 7 A -4 Assessment. 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. 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.
Section 7 A-5 Protests of Formation. All protests, both written and oral, are overruled and denied
and the Town Council finds that there is not a majority protest within the meaning of Section
36523 of the Act.
Section 7 A-6 Annual Review of Assessments. All of the assessments imposed pursuant to this
Ordinance shall be reviewed by the Council annually, based upon the annual reports prepared by
the Advisory Board appointed pursuant to Sections 36530 and 36533 of the California Streets and
Highways Code.
Section 7 A-7 Use of Assessments. No portion of the revenues from the assessments within the
district shall be used to provide improvements outside of the district for any purpose other than
for the purposes of the expenses, services, activities and programs specified in the Resolution of
Intention to form the district, or as modified by the Town Council pursuant to compliance with
Sections 36534 and 36535 of the California Streets and Highways Code. Notwithstanding the
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foregoing, the Town may retain up to 1 % of the annual revenues from the assessments to recoup
the Town's administrative costs.
Section 7 A -8 Imposition of Assessment. The assessment imposed by this Ordinance is levied
upon the lodging establishments within the district, and the operator of each lodging
establishment shall be solely responsible for paying all assessments when due. Notwithstanding
the foregoing, in the event that the operator of a lodging establishment elects to pass on some or
all of the assessment to customers of the lodging establishment, the operator of the establishment
shall separately identify or itemize the assessment on any document provided to a customer.
Assessments levied on the operators of lodging establishments pursuant to this Ordinance and
passed on to customers are not part of a lodging establishment's gross receipts or gross revenues
for any purpose, including the calculation of sales or use tax, transient occupancy tax, or income
pursuant to any lease. However, assessments that are passed on to customers shall be included in
gross receipts for purposes of income and franchise taxes.
SECTION 2 SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held
by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the
remaining portions of this chapter. The Town Council declares that it would have passed this
chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact
that anyone or more section, sentences, clauses or phrases be declared invalid.
SECTION 3 EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty days after the date of passage. At
least five days prior to its adoption and within fifteen days after its adoption, a summary of this
Ordinance, the latter summary to include the names of those Town Council members voting for
and against the Ordinance, shall be published once in a newspaper of general circulation printed
and published in the County of Marin and circulated in the Town of Tiburon. At the time of the
publication of each summary, the Town shall post in the Office of the Town Clerk a copy of the
full text of this Ordinance in compliance with Government Code Section 39633(c)(I).
THE FOREGOING ORDINANCE was introduced at a regular meeting of the Tiburon
Town Council on the 15th day of August, 2007, and was adopted at a regular meeting of the
Tiburon Town Council on the 5th of September, 2007, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
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TOM GRAM, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
August 15, 2007
Agenda Item: 111-)
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Administrative Services Department ~
Subject:
Recommendation to Approve a Resolution Continuing the
Cypress Hollow Lighting & Landscaping District Assessment
for FY 2008
Reviewed By:
~
BACKGROUND
In 1998 the residents of Cypress Hollow petitioned and received approval from the Local
Agency Formation Commission for annexation into the Tiburon Town Limits. The area
was previously in unincorporated Marin County. The County of Marin had maintained
and operated a Landscaping and Lighting District in Cypress Hollow for the purpose of
park and storm drainage maintenance since the park was created in 1990. Since
annexation, the Town of Tiburon has continued the operation and maintenance activities
of the Cypress Hollow Landscaping and Lighting District and assessed the residents the
cost thereof.
ANAL YSIS
The California Streets and Highway Code require the Town to publicly notice the effected
residents annually in order to continue the Landscaping and Lighting Assessment District.
The Town must provide the residents an opportunity to submit either written or oral
. protests. On July 18,2007 the residents of Cypress Hollow were sent via U.S. a notice of
this evening's public hearing. To date the Town has not received any inquiries on the
proposed assessment. There is no change in the amount of the assessment since
incorporation, which is $378 per year.
FINANCIAL IMPACT
The levy of the annual lighting and landscaping assessment provides a funding source for
the cost of Town maintenance of the park and any required improvements. Without this
source of funding these costs would be paid for from the General Fund.
r'O\vn C:ouncd
RECOMMENDATION
Staff recommends that the Town Council:
1. Conduct a public hearing to hear any protests on the intent to levy the annual
levy, and
2. Move to adopt the resolution continuing the Cypress Hollow Lighting and
Landscaping District for FY 2007-08
Exhibits: Draft Resolution continuing the maintenance and operation of
the Landscape and Lighting District in the Cypress Hollow
Subdivision for Fiscal Year 2007-08
Prepared By:
Heidi Bigall
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CONTINUING
MAINTENANCE AND OPERATION OF THE LANDSCAPE
AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION
IN FISCAL/TAX YEAR 2007-2008
WHEREAS, the County of Marin has maintained and operated a Landscape and Lighting District
in Cypress Hollow, and received assessments from the parcels therein for the purpose of operating and
maintaining the following areas: (1) landscaping and irrigation of the sewer sanitary easement on the east
boundary, (2) entry landscaping and irrigation of the 30' storm drainage easement in the southwest
boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow
Development; and
WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in
April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and
WHEREAS, the Town of Tiburon, having completed annexation of the parcels in the Cypress
Hollow District, herein states its intention to continue the operation and maintenance activities of the
Cypress Hollow Landscape and Lighting District heretofore the responsibility of the County of Marin.
NOW THEREFORE IT IS RESOLVED, as follows:
Section 1. The special assessment levy for the District in Fiscal Year 2007 -2008 is
established as follows, for continued operation and maintenance District:
034.012.56220 Rancho Dr.
034.012.57110 Monterey Dr.
034.392.0210 Cypress Hollow.
034.392.0320 Cypress Hollow
034.392.0430 Cypress Hollow
034.392.0540 Cypress Hollow
034.392.0650 Cypress Hollow
034.392.0760 Cypress Hollow
034.392.0870 Cypress Hollow
034.392.0980 Cypress Hollow
034.392.10145 Rancho Dr.
034.393.01110 Rancho Dr.
034.393.02120 Rancho Dr.
034.393.03130 Rancho Dr.
034.393.04140 Rancho Dr.
034.393.05150 Rancho Dr.
034.393.06160 Rancho Dr.
034.393.07170 Rancho Dr.
034.393.08180 Rancho Dr.
034.393.09190 Rancho Dr.
034.393.10200 Rancho Dr.
034.393.11210 Rancho Dr.
$378.00 034.394.01
$378.00 034.394.02
$378.00 034.394.03
$378.00 034.394.04
$378.00 034.394.05
$378.00 034.394.06
$378.00 034.394.07
$378.00 034.394.08
$378.00 034.394.09
$378.00 034.394.10
$378.00 034.394.11
$378.00 034.394.12
$378.00 034.394.13
$378.00 034.394.14
$378.00 034.394.15
$378.00 034.394.16
$378.00 034.394.18
$378.00 034.395.01
$378.00 034.395.02
$378.00 034.395.03
$378.00 034.395.04
$378.00 034.395.05
10 Monterey Dr.
20 Monterey Dr.
30 Monterey Dr.
40 Monterey Dr.
50 Monterey Dr.
60 Monterey Dr.
70 Monterey Dr.
80 Monterey Dr.
90 Monterey Dr.
100 Monterey Dr.
60 Baccharis PI.
50 Baccharis PI.
40 Baccharis PI.
30 Baccharis PI.
20 Baccharis PI.
10 Baccharis Pl.
185 Rancho Dr.
35 Monterey Dr.
45 Monterey Dr.
55 Monterey Dr.
65 Monterey Dr.
75 Monterey Dr.
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
$378.00
Total assessment charge to the parcels of the District:
1
$ 16,632.00.
Section 2. The estimated District budget for Fiscal Year 2007-2008 provides for continuing
operating functions, and reserves funds for capital maintenance:
Contractual Services
Materials & Supplies
Capital Outlay - Facility Improvements
Amount
$12,000
3,000
500
Total Estimated Budget:
$15,500
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on
the day of August, 2007, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BY:
TOM GRAM, MAYOR
ATTEST:
DIANE CRANE IACOPI
TOWN CLERK
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