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HomeMy WebLinkAboutTC Agd Pkt 2005-05-04 r . . . '( IU Zl ?0 !~ TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 May 4, 2005 5:30 P;M. - Finance Subcommittee 7:10 P.M. - Interviews 7:30 P.M. - Regular Meeting ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you maybe limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Agenda - Town Council Meetin.9 May 4, 20015 Page 2 of 3 AGENDA INTERVIEWS . Planning Commission (7:10 p.m.) - Donald Pino, 108 Marinero Circle . Design Review Board (7:20 p.m.) - Nadine Hill, #7 Heathcliff Drive CALL TO ORDER AND ROLL CALL Council member Fredericks, Councilmember Gram, Councilmember Slavitz, Vice Mayor Smith, Mayor Berger ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please limit your comments to no more than three (3) minutes. 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 public, staff or Town Council that an item be transferred to the Regular Agenda for separate discussion and consideration. Likewise, any item on the Regular Agenda may be moved to the Consent Calendar. If you would like to speak on any of these items on the Consent Calendar below, please do so now. 1. Approval of Town Council Minutes - April 20, 2005 2. Recommendation by Town Attorney - Authorize Town Manager to Convey Property located at 20 Marsh Road a) A Resolution of the Town Council of the Town of Tiburon Authorizing the Town Manager to Execute Documents Related to the Sale of 20 Marsh Road, Tiburon, cA and The Conveyance of the Property to Gary Fitzgerald REGULAR AGENDA 3. Recommendation by Town Manager - Creation of Marin General Services Agency and Termination of Marin Street Light Joint Powers Authority a) A Resolution of the Town Council of the Town of Tiburon Approving the Joint Powers Agreement Creating the Marin General Services Authority and Authorizing the Mayor to Sign the Agreement on Behalf of the Town of Tiburon b) A Resolution of the Town Council of the Town of Tiburon Authorizing the Termination of the Marin Street Light Acquisition Joint Powers Authority , ." . . . " .,j Agenda - Town Council Meeting May 4, 2005 Page 3 of 3 .. . 4. Report by Director of Public WorkslTown Engineer - Update on MMWD Pipeline Replacement Project along Tiburon Boulevard and Request for Direction Regarding potential Impacts and Restoration 5. Recommendation by Town Engineer/Director of Public Works - Award of Contract for Installation of Solar Panels at Town Hall- continued from Apri/20, 2005 6. Recommendation by Town Manager - Authorize Town Manager to Negotiate and Execute Agreement for Retention of Public Opinion Survey Firm 7. Recommendation by Director of Community Development - Review and Adoption of Amended Standards Pertaining to Approval of Secondary Dwelling Units a) A Resolution of the Town Council of the Town of Tiburon Amending the "Standards for Secondary Dwelling Units" COUNCIL AND COMMITTEE REPORTS WRITTEN COMMUNICATIONS . Town Council Weekly Digest - April 22, 2005 Town Council Weekly Digest - April 29, 2005 ADJOURNMENT . FUTURE MEETINGS & AGENDA ITEMS - Note: These items are tentative until thev apoear on the final agenda . Continuation of Planning Commission Interviews - (May 18) . Annual Heritage Preservation Award - (May 18) . Funding Agreement for Downtown Plaza Fountain - (May 18) . Del Mar Valley Undergrounding Assessment District Public Hearing & Ballot Tabulation - (May 18) . Adopt Final Plans and Specifications - Lyford Cove Utility Undergrounding Assessment District- (May 18) . FY 2005-06 Municipal Budget Public Hearing - (June 1) . FY 2005-06 Budget Adoption - (June 15) . Continuation of Police Services for "Friday Nights on Main" - (June 1) . Mill Valley Refuse Service 18th Amendment to Franchise Agreement - (June) . Resolutions Calling an Election in November 2005 for the purpose of Electing Three Councilmembers - (June 15) . Amend Ordinances pertaining to Encroachment Permits and Economic Exceptions - (June) . Cypress Hollow Landscape & Lighting District adoption of annual Assessment - (June) . Lyford Cove Utility Undergrounding Assessment District Award of Contract . Tiburon Glen Precise Development Plan . Drainage Improvements - Notice of Completion . Energy Aggregation Presentation . Tiburon Hosts MCCMC - SeN;no's (June 22) .'(f Town ofTIburon 0 1505TIburon Boulevard oTIburon, CA 94920 0 P. 415.435.7373 F. 415.435.2438 0 www.ci.tiburon.ca.us .Office ofTiburon Town Clerk! 415.435.7377 April 27, 2005 Mr. Donald J. Pino 108 Marinero Circle Tiburon, CA 94920 SUBJECT: TOWN COUNCIL INTERVIEW - PLANNING COMMISSION Dear Mr. Pino: This will confirm your interview with the Tiburon Town Council on Wednesday, May 4,2005 at 7:10 p.m. for a position on the Planning Commission. The interview will take place in the Town Hall Conference Room, directly in back of the Council Chambers, and will last approximately 10 minutes. Thank you for your interest in serving the Tiburon community, and if you have any questions, please do not hesitate to call. . VPl1l!1y~. Diane Crane lacopi Town Clerk cc: Town Manager Mcintyre . v "Aftl.'\I I '-1/,,(, 0 U ==' '. ... @ ~~~~w~ ~~ ~ u J1h ,4"~j J=>~ . MAR 222005 {O~ ~ ~ TOJi'NW6'F;',~~~ON J~,O\ q'fq)..O . ~.J:f~-d.~ iT~ ~ 4-'~' 7fCf-o'l-Q3 ~I CA 4ljQ.2,o ~~.~~: '-d~ ., ;dti4~Ms~k.~X~ ~~;/:A<. J1taMJvlb ~ ~ A ';f-k ~~ II . . . ~ 'P.,k~ ~ · 'v V t.~ ~~ (J"lt'v ., --. ~ -. - -~ I' /IAlY\/. g C1'M. ~:<'d -d /WM. ~ ~ r {f-AA. M~ " r ~ .;tJv.. ~ d: t:I.-t 4+-. {fjl(~M.M 'r~ CUvb tf WM- ~().~~~c!b~~ ;Ctwt ~ 1 ~ ~ ~ J~ J11a.t. '~M ;to Je. fA ~ .-wt 7f;JtL.e;r~ ~:f~ ~ff~vw- In-rY~.j~~to~(). ~. bXJU-~1..<r~r-dM -~~ loA-. / ao.rA~~~~OO'f).J~~~ ~ ',' ~.&.~~,.f)~ ~J~~Ov ~iowMj:A.L ~c1d~'~' ~.d~~ f ~ ~ 0Yl.L ~:t;tu. ~ ~ ~ ;:p~ · 1yj d~rJ DIGEST ". , j",. Town ofTiburon. 1505 Tiburon Boulevard. Tiburon, CA 94920. P. 415.435.7373 E 415.435.2438. www.ci.tiburon.ca.us . Office of Tiburon Town Clerk! 415.435.7377 April 27, 2005 Mrs. Nadine Hill #7 Heathcliff Drive Tiburon, CA 94920 SUBJECT: TOWN COUNCIL INTERVIEW - DESIGN REVIEW BOARD Dear Mrs. Hill: This will confirm your interview with the Tiburon Town Council on Wednesday, May 4,2005 at 7:20 p.m. for a position on the Design Review Board. The interview will take place in the Town Hall Conference Room, directly in back of the Council Chambers, and will last approximately 10 minutes. Thank you for your interest in serving the Tiburori community, and if you have any questions, please do not hesitate to call. . 71,ryt~y 0 S'd2'i/ II / " / " . ~tJM- Diane Crane lacapi Town Clerk cc: Town Manager Mcintyre . Town of Tiburon 1505 Tiburon Blvd Tiburon, CA 94920 ~E~E~'~ rrn ~. MAR 2 2 2005 I.l)) 'tOWN CLERK T.QWN OF;flBURON Nadine Hill #7 Heathcliff Dr. Tiburon,CA 94920 (415) 435-3631 March 22, 2005 Re: Vacancy on the Design Review Board Dear Sirs, In response to the notice in. the Ark, I would like to apply for the position on the Design Review Board. Having served in the past on the Design Review Board and the Heritage and Arts Commission, I feel I am well qualified. My education is in architectural drafting and interior design. Bcing fully aware oftha time involved. for this position -reading the plans and surveying the site, I feel I would contribute to the Board. 1 have lived in Tiburon for over 20 years. Thank you in advance for your consideration. Sincerely, '~u thL Nadine Hill DIGEST .\ ., . . . , . . . TOWN COUNCIL MINUTES 'rk?~ 1Uu. -.:---" ! CALL TO ORDER Mayor Berger ~ledlIie-~eeting of the Tiburon Town Council to' order at 7:30 p.m. on Wednesday, April20,200ZJTown Council Cluunbers, 1505 Tibnron Bonlevard, Tibnron, California. '----' ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith Town Manager Mcintyre, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Echols, Town Clerk Crane Iacopi PRESENT: EX OFFICIO: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Negotiator: MAPE Town Manager and Director of Administrative Services ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Berger said that no action was taken but that the Council would. reconvene in closed session at the conclusion of the regular meeting. ORAL COMMUNICATIONS None. INTRODUCTION OF NEW TOWN EMPLOYEE . Troy Bassett, Project Coordinator Town Engineer Echols introduced the new undergrounding project coordinator, Troy Bassett. He . said that Ms. Bassett was a graduate ofUC Berkeley and a State-registered architect; in addition, Town Council Minutes # 10-2005 April 20, 2005 Page 1 she is a long-time Tiburon resident, and that her experien.se and qualifications made her well- suited for the position. Mayor Berger welcomed Ms. Bassett and also said that it was gratifYing to him that a friend was joining the Town Staff. Ms. Bassett thanked the Council and concurred with the Mayor's remarks. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES . Design Review Board - (One Vacancy) Item continued pending the interview of another candidate. CONSENT CALENDAR 1. Approval of Town Council Minutes - April 6, 2005 2. Recommendation by Director of Administrative Services - Accept Town Monthly Investment Summary for March 2005 3. Recommendation by Director of Administrative Services - Accept third Quarter FY04-05 Financial Reports 4. Recommendation by Town Engineer/Director of Public Works - Approve Plans and Specifications 2005 Street Rehabilitation Program 5. Recommendation by Town Engineer/Director of Public Works - Award of Contract for Installation of Solar Panels at Town Hall 6. Recommendation by Town Engineer/Director of Public Works - Award of Contract for Trestle Glen Bike & Pedestrian Path 7. Recommendation by Town Engineer/Director of Public Works - Award of Contract for South Knoll Restroom Councilmember Gram asked that Item No.5 be removed for further discussion. MOTION: Moved: Vote: To approved Consent Calendar Item Nos. 1 through 4"and 6 & 7, above. Slavitz, seconded by Fredericks AYES: Unanimous Town Council Minutes # 10-2005 April 20, 2005 Page 2 ~~ . . . , . Consent Calendar Item No.5: Recommendation by Town Engineer/Director of Public Works - Award of Contract for Installation of Solar Panels at Town Hall Councilmember Gram said that he felt compelled to ask for discussion of the item. He said that the contract price had comein 33% higher than estimated and previously approved by CounCil. Town Engineer Echols said that the low bidder for the contract had been rejected by the Town in December 2004 because of a failure to provide adequate insurance coverage. According to Echols, new bids were subsequently solicited and opened in March 2005. The Engineer stated that two bids received in the amount of$57,000 and $80,000, both of which were substantially higher than the estimates. Mr. Echols said that one of the contractors had told him that the Town's insurance requirements portion of the bid cost him $30,000. Mayor Berger asked whether the Town's insurance requirements could be amended. Town Engineer Echols said that the Town Attorney had advised additional liability insurance for this type of project [work on building t)1at was open to the public]. He acknowledged that ifthe requirements were reduced, the bids would probably be more favorable. Councilmember Smith asked about the insurance limits. The Town Engineer said that the Town asked for $2 million liability in the aggregate, as well as automobile liability. He noted that the installers of solar panels were not large contractors who would normally have large liability . policies. Councilmember Gram asked whether the solar panel consultants had misrepresented the price of the installation; the Town Engineer said that they were correct based on their experience for the size of job. Councilmember Fredericks asked if there was some sort of pool insurance that could be obtained. The Town Engineer said that he had called other cities and agencies to no avail. Mayor Berger noted that as energy costs continue to rise, these contractors would be more and more in demand. The Council noted that part of the attraction of installing solar panels was the eventual pay-off over time; they asked how much longer the additional contract cost would take to amortize. Councilmember Gram pointed out that since the Town was fully funding the project, with money up front, a revised amortization schedule was important. Town Manager Echols agreed to bring back an undated financial analysis. The Mayor and Vice Mayor said it was important to review such an analysis because it had been part of the reasoning used by the Council to approve the installation of solar panels at Town Hall in the first place. . Town Council Minutes # 10-2005 April 20, 2005 Page 3 , Councilmember Slavitz asked whether any more rebate opportunities would be lost as a result of . further delays. The Town Engineer said that the rebates would continue to be reduced over time and that the Town was under obligation to have a signed contract (per the State program) by June. Item continued to May 4,2005. COUNCIL AND COMMITTEE REPORTS The Council discussed a date for the next Homeowner's Summit. A tentative date of Saturday, June 11 was selected, pending confirmation of a location. WRITTEN COMMUNICATIONS Town Council Weekly Digest - April 8, 2005 Town Council Weekly Digest - April 15, 2005 ADJOURNMENT . There being no further regular business before the Town Council of the Town ofTiburon, Mayor Berger adjourned the regular meeting at 8:00 p.m., to closed session. Continuation of Closed Session CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Negotiator: MAPE Town Manager and Director of Administrative Services ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Berger announced that no action was taken. ADJOURNMENT There being no further business before the Town Council ofthe Town ofTiburon, Mayor Berger adjourned the regular meeting at 8:30 p.m., to the next regular meeting scheduled for May 4, 2005.. Town Council Minutes # 10-2005 April 20, 2005 Page 4 . /' . . . ATTEST: DIANE CRANEIACOPI, TOWN CLERK Town Council Minutes # 10-2005 MILES BERGER, MAYOR April 20, 2005 Page 5 . . FROM: Heidi Bigall, Director of Administrative Services SUBJECT: Authorize Town Manager to Execute Documents - Sale of 20 Marsh Road, Tiburon, CA ~ May 4, 2005 REVIEWED BY: MEETING DATE: At Council's regular meeting of January 19, 2005, the Town Manager was authorized to negotiate a contract to sell a Town owned below market rate unit in the Point Tiburon Marsh Development. Such a contract has been negotiated with a purchaser through the Marin County Housing Authority. In order to close escrow, the County Recorder's Office is requiring a Resolution of the Town Council authorizing the Town Manager to execute all documents related to the sale of the property. RECOMMENDATION It is recommended that the Town Council adopt the attached Resolution authorizing the Town Manager to execute all documents necessary to accomplish the conveyance of 20 Marsh Road, Tiburon, CA. Attachment RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE TOWN MANAGER TO EXECUTE DOCUMENTS RELATED TO THE SALE OF 20 MARSH ROAD, TIBURON, CA AND THE CONVEYANCE OF THE PROPERTY TO GARY FITZGERALD . WHEREAS, on January 19,2005, the Town Council of the Town of Tiburon authorized the Town Manager to negotiate a contract for the sale of Town owned property at 20 Marsh Road, Tiburon, CA, Assessor's Parcel No. 058-440-20; WHEREAS, state law provides that a deed conveying an interest in land shall not be accepted for recordation without the consent of the Town evidenced by its certificate or resolution of acceptance attached to pr printed on the deed or grand; and WHEREAS, close of escrow will require the Town to execute and record the Grant Deed to Purchaser and other documents relating to the transfer of title;; and NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Manager is authorized to execute all documents necessary to accomplish the conveyance of 20 Marsh Road, Tiburon, CA, including, without limitation, the Grant Deed. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on May 4, 2005 by the following vote: . AYES: NOES: ABSENT: MILES BERGER, MAYOR ATTEST: DIANE CRANE-IACOPI, TOWN CLERK . . . . Town of Tiburon STAFF REPORT AGENDA ITEM ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -. . . . . . . '. . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Alex D. Mcintyre, Town Manager ~ SUBJECT: Creation of the Marin General Services Agency and Termination of the Marin Street Light Joint Powers Authority MEETING DATE: May 4, 2005 . . . . . . . . .. .. .. .. .' .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. BACKGROUND In 1999, the Marin Cities/Towns and the County established the Joint Services Committee to review the operation of the joint powers agencies operating in Marin. Then Tiburon Town Councilmember Harry Matthews served as the co-chair of the committee. In November of 2000, the Joint Services Committee submitted its report entitled, "Final Report and Recommended Actions to Improve Accountability and Operation of Marin Joint Powers Authority (Exhibit A)." This report was adopted by the Cities/Towns and the County. It recommended that the Streetlight JPA be renamed to the General Services JPA. One of its other recommendations was the creation of the Joint Services Authority Oversight Committee to, among other things, implement the Joint Services Committee's recommendations. This Committee began meeting in May 2002 and issued the attached report (Exhibit B). They made four recommendations: 1. That no further efforts be made to consolidate current joint powers agencies at this time. 2. That the Board of Directors on the Streetlight Acquisition Joint Powers Authority be requested to restructure itself onto a "general services joint powers authority." 3. That the Joint Services Authority Oversight Committee continues to meet, as needed, to provide policy oversight. 4. Each City/Town and the County adopt this report. In November 2003, the Tiburon Town Council adopted the report via resolution (Exhibit C). Each city/town in the County (as well as the County) adopted similar resolutions in support of the report. As requested by every City/Town and the County, the Board of Directors of the Marin Streetlight Acquisition Joint Powers Authority developed a draft of the Joint Powers Agreement creating the Marin General Services Authority. This draft has been discussed with member agencies, the Joint Services Authority Oversight Committee and the Marin Managers' Association. The changes that resulted from these discussions are discussed below. The resulting agreement that would establish the Marin General Services Authority is before you for approval (Exhibit D). STAFF REPORT Town of Tiburon The provisions of the proposed General Services Authority Joint Powers Agreement are summarized as follows: 1. Members All Cities, Towns, County and the Special Districts are eligible for membership. Marinwood and Bel Marin Keys Community Services Districts are current members of the Streetlight JPA for purposes of streetlight matters. Actual members will be those agencies that adopt the joint powers agreement. The consequences of not becoming a member are discussed later in this report. 2. Purpose The purpose of the agreement is to establish a separate public entity to finance, implement and manage various municipal services assigned to it. 3. Board of Directors There are seven directors (and provisions for alternates): a. The Marin County Administrator (1) b. The City Managers of San Rafael and Novato (2) c. Two City or Town Managers appointed by the Marin Managers Association (2) d. Two Public Works Directors appointed by the Marin Public Works Association (2) With the possible exception of the appointment of the County of Marin Public Works Director, no member agency shall have more than one representative on the Board at any time. The Tiburon Town Manager is presently the Marin Managers Association appointment to this proposed agency. . 4. Powers of the Authority The agreement establishes the powers of the new agency, which includes the power to: a. Contract b. Adopt budgets c. Acquire grants d. Hold, lease, and dispose of public property e. Sue and be sued f. Exercise eminent domain g. Issue debt The following powers are restricted. . Eminent domain . Debt issuance; and . Constructing a facility without obtaining permit. . April 27, 2005 Page 2 of 6 . . . .. Town of Tiburon STAFF REPORT .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. These powers can only be exercised by the Authority after a majority of the member agencies constituting a majority of the population of Marin County adopt a resolution authorizing the exercise of this power. 5. Duties of the Agency The Authority has the ability to take on other duties that its members determine to provide through the new agency. Initially, the General Services Authority will have the following duties: a. Own and insure the streetlights of member agencies that have been transferred to the Authority by the member agencies. b. Advise the County on the non-point discharge pollution prevention system for M~rin known as the Marin County Storm Water Pollution Prevention Program. c. Govern and manage the Marin County taxicab regulation program. d. Investigate and advise member agencies on energy issues. e. Lease access to agency owned streetlights. f. Provide regional information management services, including PC support, networks and shared applications. g. Manage the MarinMap Geographic Information System. 6. Funding of the Agency The agency will be funded by two separate funding formulas (depending on the service). a. Special Services The duties authorized in the proceeding section of this report have dedicated funding sources (fees, membership dues, or service charges). b. General Services Authority costs not funded by dedicated revenue will be assessed to member agencies on a relative population and assessed value formula. 7. Staffing The Authority shall have an Executive Officer, who shall be responsible for the administration of the agency. The agreement provides for periodically soliciting competitive proposals for the position of Executive Officer. 8. Amendments The joint powers agreement may be amended by the two-thirds vote of the Board of Directors. April 27, 2005 Page 3 of 6 4 Town of Tiburon STAFF REPORT .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. -. . . . . . . . . . . . . . . . . . . . . . 9. Withdrawal Members may withdraw from the Authority by giving notice of 90 days before the start of the fiscal year. 10. Assets of the Streetlight JPA All assets and funds of the Streetlight JPA are transferred to the General Services Authority once it is effective and the Streetlight JPA is abolished. The Streetlight JPA reviewed and edited several draft versions of the general services agency joint powers agreement. As part of this effort, the JPA circulated a draft to all members and considered the comments received. Meetings with the Joint Services Authority Oversight Committee and the Marin Managers' Association were held. The following comments were received: 1. The Joint Services Authority Oversight Committee (JSAOC) wanted all agencies to be represented with an elected official on the GSA's Board of Directors. The Streetlight JPA would act as a technical advisory committee to this board. The JSAOC also appointed a subcommittee to further discuss requested changes. The JPA also appointed a subcommittee to meet with JSAOC representative. . The JSAOC also wanted the role of this Committee reflected in the JPA, a requirement for a majority vote to act, approval of this restricted duties to require majority of members with a majority of the population, include MCCMC legislation committee in JPA legislation and other minor technical changes. ' 2. The Town of Tiburon's concerns were: a. Every member agency should have a director. b. Fees should be proportionate to benefits. c. GSA must comply with local land use laws. d. The covenant of cooperation should be deleted. 3. Marinwood Community Services District (CSD) (a MSLAJPA member): a. CSD's should only be included for streetlights and should not have any liability for other services or costs. b. Scope of powers is too broad. c. Board of Directors should be elected officials. d. Certain actions should be ratified by a majority of all members. e. Metricom funding should be limited to streetlight administration costs. . 4. The County Administrator requested that the JPA be amended to provide for one of the . two public works director Board members permanently be the County Director of Public Works. April 27, 2005 Page 4 of 6 . . . i Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . In response to those comments and meetings, the MSLAJPA has made the following changes to the proposed General Services JPA: 1. Added a New Article 7: Power of the Authority Exercised by the Majority of Member Agencies, which provides for a majority vote of member agencies (by resolution adopted by each agency's governing board) to exercise the following powers: a. Eminent domain b. Issue debt c. Proceed to build a facility without first obtaining a building permit from the member jurisdiction. d. Assume new duties. 2. Article 11: Covenant of Cooperation ,Eliminated this Article at the request of the Town of Tiburon. 3. Role of CSD's. Added language to clarify that the CSD's are members only for purposes of streetlight administration. 4. , Provided that no member agency can have two directors (city manger and public works director) except the County. 5. Added provisions clarifying the role of the Joint Services Authority Oversight Committee. 6. Clarified that agencies had the option in which services they choose to participate. 7. Amended transaction of business to require a majority of the Board's approval (was majority of a quorum). 8. Amended the section on action on restricted powers to require approval of a majority of the members to add "constituting a majority of the population of Marin County." 9. Added requirement to advise the MCCMC Legislation Committee on legislation that would affect the operation of the Authority. 10. Added a provision on competitive proposals for the position of Executive Officer. The Board did not agree to: 1. Have every agency appoint a director because this would make the governance of what is to be an administrative, not policy setting, agency too cumbersome to manage. 2. Give the County two permanent directors (County Administrator and County Public Works Director) because a proportionate membership from the County raises a parallel issue with the other members. April 27, 2005 Page 5 of 6 4 STAFF REPORT Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Have all directors be elected because the plan for the new GSA (recommended by the Joint Services Authority Oversight Committee and ratified by every municipality) called on the Streetlight JPA to become a General Services Agency and did not recommend that the new Board be all elected. 4. Also due to the administrative nature of the work the Street Light JPA Board didn't see any value in having a technical committee and a General services JPA to duplicate the tasks necessary. The proposed General Services Authority agreement has been sent to each member for adoption. Each member agency of the Marin Streetlight Acquisition Joint Powers Authority is requested to approve two resolutions. The first resolution (Exhibit E) agrees to the terms of the Marin General Services Agreement; the second resolution (Exhibit F) acknowledges the termination of the Marin Streetlight Acquisition Joint Powers Authority. Once seven agencies have adopted the JPA, the Board of Directors of the Marin Streetlight Acquisition Joint Powers Authority will adopt a resolution ending the agency and transferring all of its assets to the Marin General Services Agreement. Assuming that the General Services Authority is established (and consequently the Streetlight . JPA is abolished), any agency who decides to not join would assume legal responsibility for its streetlights and regulate its own taxicab program. Nonmembers could still participate in MarinMap information service projects but would do so as a contractor without any participation in agency governance, including the establishment of budgets and fees. RECOMMENA TION It is recommended that the Town Council adopt the following resolutions agreeing to join the Marin General Services Agency: 1. A Resolution of the Town Council of the Town of Tiburon Approving the Joint Powers Agreement Creating the Marin General Services Authority and Authorizing the Mayor to Sign the Agreement on Behalf of the Town 2. A Resolution of the Town Council of the Town of Tiburon Approving Authorizing the Marin Street Light Acquisition Joint Powers Authority EXHIBITS Exhibit A - Final Report and Recommended Actions to Improve Accountability and Operations of Marin Joint Powers Authorities Exhibit B - Report on General Services Joint Powers Agency and Role of Joint Services Authority Oversight Committee Exhibit C - Tiburon Town Council Resolution - Exhibit 0 -- Draft Joint Powers Agreement Creating the Marin General Services Agency . Exhibit E - Draft Resolution Creating the Marin GSA Exhibit F - Draft Resolution Terminating the Street Light JPA April 27, 2005 Page 6 of 6 . . . EXHIBIT NO.-A- JOINT SERVICES COMMITTEE OF THE MARIN COUNTY' COUNCIL OF MAYORS AND COUNCILMEMBERS November 21,2000 City/Town Councils Board of Supervisors Marin County, California RE: Final Report and Recommended. Actions to ImproveAccountability and Operations of Marin Joint Powers Authorities RECOMMENDED ACTIONS REGARDING THIS REPORT: This report represents the efforts of the Joint Services Committee to review Marin County joint powers authorities. Later on in the report we recommend a process for the cities and towns and the Board of Supervisors to review and consider our recommendations. Therefore, our recommendations for this report are: A. That you receive the report, and B. That you approve and adopt the recommended review and adoption process. BACKGROUND In 1998 MCCMC and the Board of Supervisors received a consultant's report recommending the establishment of a joint services administrator to manage and oversee the many Marin County joint powers authorities (JPA's.) In response to this recommendation MCCMC established the Joint Services Committee with one representative from each city and town and the BOS. This Committee's charge was to review the work of the consultant and each of the existing JP A's and prepare recommendations regarding needed improvements to accountability and operational practices The Joint Services Committee began meeting in Feb. of 1999. Meeting monthly, the Committee has reviewed the operations of the major JP A's and subsequently met to develop these recommendations. The work of the Committee was staffed by Mr. Martin J. Nichols, in the Office of the County Administrator, utilizing the remaining funds of a grant from the Marin Community Foundation for purposes of studying JP A's. 2 FINDINGS: . The J oint Services Committee, based on our review 0 f the major JP A's, makes the following findings: A. The JP A structure is necessary for effective local government in Marin County with its limited population, and numerous cities, towns and special districts. B. The JPA's are free of any major operational or administrative problems; however, there are areas for improvement, and a need to establish standard practices for the JP A's and consider some consolidation. C. The major JP A's are responsible for significant amounts of public funding. D. The major JP A's are responsible for important policy areas 'critical to health and safety of Marin residents. E. The work of the major JPA's is not well understood by local elected officials and the public. F. There is a need for improved understanding, accountability, and oversight of the major JPA's. G. There is a need to establish standardized practices for the distribution of JP A agendas, minutes, budgets, annual activity reports, audits and legislative actions. . H. There is a need for some organizational changes, possibly consolidation, for continued evaluation of duties between JP A's. . 1. There is a need toe stablish an 0 versight committee comprised 0 f elected officials for continued evaluation and review ofthe JPA's, and to implement these recommendations, and discuss and recommend action on the policy issues confronting these agencies. RECOMMENDATIONS: 1. JP A reorganizations. The Joint Services Committee does not find compelling reasons for major reorganization of the JP A's. We did find, however, that some consolidation and/or shifting of directions could be of benefit to the overall effectiveness and efficiency of these joint efforts, We do recommend that some further staff evaluation be conducted regarding the benefits of combining some sub-functions of individual JP A's with another JP Aso those activities may be more appropriately coordinated with public services of a like nature. To implement this recommendation, Mr. Nichols will prepare a report regarding the transfer of functions between JP A's for further consideration by this Committee, and present to the Joint Services Oversight Committee. . .. . . . 3 The Joint Services Committee further recommends that the Marin Street Light Acquisition JPA be renamed as the "General Services JPA." Presently, the Street Light JP A is comprised of several unrelated functions (i.e. street lights, abandon vehicles, metricom contract, geographic information system, non-point discharge prevention, and electric supply alternatives.) Also, we further recommend that Mr. Nichols prepare suggestions regarding the governance structure of the new General Services JP A. Additionally, Mr. Nichols will prepare a further report to the Joint Services Committee on what activities should be added or deleted from the General Services JP A. Finally, we recommend a detailed review of the existing joint power agreements by the Joint Services Oversight Committee and make amendments if necessary to reflect service or law changes in the individual JP A's areas of responsibility. 2. JP A staffing and oversight. The Joint Services Committee recommends that a permanent Joint Powers Authority Oversight Committee (comprised of elected officials) be established to periodically review the operations of our many JP A's, and provide a forum to discuss policy issues affecting their joint efforts. Mr. Nichols should be directed to prepare recommended operational and financing plans and membership ofthis oversight committee. We further recommend that a joint services manager position be established and report to the Joint Services Oversight Committee and be responsible for the following: a. Implement the recommendations of this report and those that are adopted by city/towns and County regarding JP A's ( b. Monitor the activities of the various JP A's for purposes of discussing and reporting to the elected bodies regarding major policy issues that should be considered at the elected level. c. Establish and maintain a directory of JP A services and their membership on www.marin.org., and d. Coordinate legislative issues affecting JP A activities. The position of Joint Services Manager should be combined with the duties of managing the new General Services Joint Powers Authority. The costs for the oversight responsibilities should be apportioned among the various JP A's. We recommend that the Marin Managers Association prepare recommendations as to how these costs should be levied. 3. JPA Standard Practices. We recommend that in the interest of better understanding and accountability, the following practices be implemented: a. Elected officials on certain Joint Powers Governing Boards. 4 Elected officials review of the activities of the JP A' s activities is provided through the appointment of governing board members and the proposed establishment of the oversight committee. . We recommend that each appointing agency be given the discretion of appointing an elected official or a staff member to the advisory bodylboard to which they belong, excepting the Joint Powers Oversight Committee, which is to be comprised of only elected officials. b. Distribution of Agendas and Minutes. We recommend that agendas and minutes of each JP A (and their executive committee, if they have one) be routinely sent to city/town managers and the County Administrator if requested. We further recommend that each JP A establish a process by which they can send copies of agendas and minutes to individual elected officials, if so requested by that official. Finally, we further recommend that the Joint Services Manager implement procedures to make copies of agendas and minutes of the various JP A's available on line at www.mann.org. c. Audits. We recommend that each individual JP A be given authority to determine the need for a nnual audits in lieu 0 f t he statutorily required b i-annual audit. 0 ne copy of each. audit and management letter should be provided to each participating agency. . d. Minimum Insurance Requirements. We recommend that the individual JPA's determine their own individual insurance requirements based on an analysis of the risk potential associated with their individual functions. e. . Standard Indemnification Clauses. We recommend that each JP A determine the indemnification requirements necessary for their individual areas of responsibility. f. Legislation We recommend that JPA's not take positions on legislation, but submit recommendations regarding pending legislation for consideration by the MCCMC Legislative Committee and the Board of Supervisors. We also believe county-wide coordination regarding legislative issues is a more effective way to achieve our policy objectives. g. By-laws. Each JP A should adopt by-laws that a re referred for review tot he appointing agencies bi-annually. . " . . . 5 4. Staffing for Marin County Council of Mayors and Councilmembers. We recommend that permanent staffing be established for MCCMC to coordinate the appointments, bylaw reviews, meeting coordination, and agendas. We recommend that this function be combined with the duties of the J oint Services Manager and t hat the Marin Managers Association prepare recommendations on how the cost of this function should be shared among the cities and towns. REVIEW AND ADOPTION PROCESS The Joint Services Committee recommends that this report be discussed before each city/town council and the Board of Supervisors. The chair or vice chair of the Joint Services Committee, assisted by Mr. Nichols, will be available to make presentations at each agency's meeting regarding this report Based on the input we receive from this process, the Joint Services Committee will meet one last time to prepare final recommendations for consideration by the MCCMC and the Board of Supervisors. Dated: Harry Matthews, Chair Joint Services Committee Dated: Pat Eklund, Vice Chair Joint Services Committee FOR THE JOINT SERVICES COMMITTEE: Amy Belser, Sausalito Susan Brandborg, Fairfax Paul Chignell, San Anselmo John Dupar" Corte Madera John Gray, Ross Barbara Heller, San Rafael John Kress, County of Marin Joan Lubamersky, Larkspur Christopher Raker, Mill Valley Bruce Sams, Belvedere . . . EXHIBIT NO...fL. MARIN JOINT SERVICES AUTHORITY OVERSIGHT COMMITTEE 27 Commercial Blvd., Suite C, Novato, CA 94949 Phone: (415) 883-9100 FAX: (415) 883-9155 MEMORANDUM DATE: July 1, 2003 TO: City/Town Councils Board of Supervisors Marin County, California SUBJECT: REPORT ON GENERAL SERVICES JOINT POWERS AGENCY AND ROLE OF JOINT SERVICES AUTHORITY OVERSIGHT COMMITTEE Recommendations (adopted April. 30, 2003): 1. That no further efforts be made to consolidate current joints powers agencies at this time. With the exception of the Street Light JP A, existing agencies will remain unchanged. 2. That the Board of Directors of the Streetlight Acquisition Joint Powers Authority be requested to restructure itself into a "general services joint powers authority," with its current duties. The new joint pqwers agreement forming the General Services Agency will be sent to the member agencies for adoption. 3. That the Joint Services Authority Oversight Committee continue to meet, as needed, to review the operations of the various JP A's, encourage the establishment of "the standard practices" recommended by the Joint Services Committee, and provide a public forum to discuss policy issues affecting regional programs, and to encourage public understanding and participation in the operation of the various JP A's. The staff of the JP A's would be requested to prepare reports for the Oversight Committee on operational and policy issues before the JP A Board for the consideration of the Oversight Committee. Staffing for the Committee will be provided by Supervisor Susan Adams' office, in order to not create new costs at this time of great fiscal restraint. 4. Finally, for purposes of providing clear direction to the many JP A's, we request that each City/Town and the County bring this report before its Council/Board of Supervisors for adoption. C:\Documents and Settings\amcintyre\Local Settings\Temporary Internet Files\OLK5C\Final Rpt on GS JPA-2003.doc City/Town Councils and Board of Supervisors July 1, 2003 Page 2 . Background: In November of2000, the Joint Services Committee submitted its report entitled, "Final Report and Recommended Actions to Improve Accountability and Operation of Marin Joint Powers Authority (copy attached)". This report was adopted by the Cities/Towns and the County. One of its recommendations was for the creation of a Joint Services Authority Oversight Committee. That Committee was created with the following memberships: Pat Eklund, Novato - Chair Chris Raker, Mill Valley - Vice Chair Bruce Sams, Belvedere Jeff Slavitz, Tiburon Paul Albritton, Sausalito John Dupar, Corte Madera Ron ArIas, Larkspur Paul Chignell, San Anselmo Lew Tremaine, Fairfax Barbara Heller, San Rafael John Gray, Ross John Kress and then Susan Adams, County of Marin The Joint Services Authority Oversight Committee concurs in the findings of the 2000 Joint Services Committee and strongly supports the continuing efforts of our regional agencies to provide cost-effective services to cities, towns and the County of Marin. Joint powers agencies are an effective method for the mostly small public agencies in Marin to provide selected services that are common to us all. . We find a continuing need for a flexible, regional agency to manage several, generally umelated programs with the ability to assume new duties, should that be determined to be the most effective way to meet a new common need. Over the course of several meetings, the Committee considered and evaluated different organizational models for creating a "General Services Agency" and to provide the previously recommended JP A oversight. We discussed new organizations that assumed the duties of some existing agencies, thereby reducing the number of JP A's. We considered a fully staffed Joint Services Oversight Committee to fulfill the duties contemplated by the Joint Services committee. In the end, we were very concerned about creating new administrative costs, especially facing the major retrenchment by the pending State budget. We did not find sufficient benefits from further consolidation to justify new the costs. . C:\Documents and Settings\arncintyre\Local Settings\Ternporary Internet Files\OLK5C\Final Rpt on GS JPA-2003.doc . . . City/Town Councils and Board of Supervisors July 1, 2003 Page 3 The existing Streetlight JP A currently manages several regional programs in an effective manner. We agreed with the Joint Services Committee that it should be renamed to more accurately reflect its general services mission. To avoid new costs and streamline the process, we decided that the current JP A Board should be requested to undertake the mission of redoing its own joint powers agreement to become a regional general services agency. The Joint Services Authority Oversight Committee will continue to meet as needed to continue in its efforts to encourage the JP A's to implement standard practices, monitor the "activities of JP A's, discuss regional policies and provide a regional forum for greater public understanding and participation in the important programs run through Marin's JPA's. We believe that the staffs of the individual JP A's can make periodic reports to the Oversight Committee. Supervisor Adams offered her staff as the coordination of the efforts of the Oversight Committee in order to not create new costs in this review effort. Conclusions In making its recommendation, the Committee finds that the goals of improved policy oversight of the various JP A's and restructuring of the Streetlight Acquisition JP A must be achieved without creating new costs at this time of major fiscal problems. These recommendations achieve this goal, and once implemented, will provide: a) For an established and staffed mechanism for elected officials to monitor the policy and activities of the individual JP A's and assure improved policy and administrative oversight. b) For a General Services JPA whose name reflects its multifaceted duties and whose structure provides a mechanism to assume new duties should that be mandated and/or is cost justified. Respectfully submitted on behalf of the Committee, Pat Eklund, Novato - Chair Chris Raker, Mill Valley - Vice Chair C:\Docurnents andSettings\arncintyre\Local Settings\Ternporary Internet Files\OLKSC\Final Rpt on os JPA-2003.doc . . . EXHIBIT NO.~ RESOLUTION NO. 42-2003 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AFFIRMING THE ROLES OF THE MARIN COUNTY GENERAL SERVICES JOINT POWERS AGENCY AND THE MARIN COUNTY JOINT SERVICES AUTHORITY OVERSIGHT COMMITTEE WHEREAS, the Town of Tiburon has been a participant in the Marin Joint Services Authority Oversight Committee and its efforts to implement the 2000 Final Report of the Joint Services Committee; and WHEREAS, the Joint Services Authority Oversight Committee has issued its July 2003 "Report on General Services Joint Powers Agency and the Role of the Joint Services Authority Oversight Committee; and WHEREAS, the Town of Tiburon has received and considered the Oversight Committee's recommendations; NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby agrees that: 1. No further efforts shall be made to consolidate current joint powers agencies at this time and with the exception of the Streetlight JPA, existing agencies will remain unchanged. 2. The Board of Directors of the Streetlight Acquisition Joint Powers Authority is hereby requested to restructure itself into a "general services joint powers authority,"with its current duties, and the ability to assume new duties should that be mandated and/or is cost justified. 3. The Joint Services Authority Oversight Committee continue to meet, as needed, to review the operations of the various JPA's, encourage the establishment of ''the standard practices" recommended by the Joint Services Committee, and provide a public forum to discuss policy issues affecting regional programs, and to encourage public understanding and participation in the operation of the various JPA's. Town Council Resolution 42-2003 re: JPA Oversight Adopted 11/5/03 Page I of2 PASSED AND ADOPTED at a regular meeting of the Town Council on this 5th day of November, 2003 by the following vote: . COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: AYES: NOES: ABSENT: -Fredericks, Gram, Slavitz None Berger, Thompson . . Town Council Resolution 42-2003 re: JPA Oversight Adopted 11/5/03 Page 2 of2 . . . ~ ~ ~ ~ ~ EXHIBIT NO.~ A JOINT POWERS AGREEMENT CREATING THE MARIN GENERAL SERVICES AUTHORITY This Agreement is entered into this _ day of following local agencies: , 2005, by and between the , pursuant to Sections 6500, et seg., of the California Government Code. RECIT ALS The local governments of Marin County find it effective and economic to collaborate in the provision of various municipal services and establish the Marin General Services Authority to administer, finance and govern those local government functions assigned, in the past, to the Marin Street Light Acquisition Joint Powers Authority, and those that may be added in the future. For these and other reasons, the Cities, Towns and Special Districts within Marin County and the County of Marin itself have determined it is in the public interest to create the Marin General Services Authority, an entity separate from its Agencies, which will provide various municipal services to its Members. NOW, THEREFORE, these Members agree as follows: ARTICLE 1: DEFINITIONS Certain words as used in this Agreement shall be defined as follows: A. "Agencies" shall mean the County, Cities and Towns and Special Districts within Marin County. B. "Agreement" shall mean this Agreement that establishes the Marin General Services Authority. C. "Authority" shall mean the Marin General Services Authority. D. "Board" shall mean the Board of Directors, which is the governing body of the Marin General Services Authority. E. "County" shall mean County of Marin. - 1 - JP A Creating - GSA FINAL EDITED VERSION 03-22-05 F. "Cities" shall mean the Cities of Belvedere, Larkspur, Mill Valley, Novato, San Rafael and Sausalito. G.. "Joint Powers Authority Oversight Committee" shall mean that committee created by Marin County Council of Mayors and Council Members (MCCMC) and its member agencies. H. "Towns" shall mean Towns of Corte Madera, Fairfax, Ross, San Anselmo and Tiburon. 1. "Special Districts" shall mean governmental agencies created for single or limited purposes within the County of Marin. 1. "Members" shall mean the County, Special Districts, Cities or Towns, which are or become signatories to this Agreement. K. "Quorum" shall mean a majority of the Board members. . ARTICLE 2: PURPOSE 2.1 The purpose of this Agreement is to establish a public entity separate from the County, Cities, Towns and Special Districts. This public entity is to be known as the Marin General Services Authority. The Authority will finance, implement and manage the various municipal services assigned to it. Those services are listed and included by reference in Exhibit A. . ARTICLE 3: TERM OF AGREEMENT 3.1 This Agreement becomes effective upon a) the lawful adoption of this Agreement by seven Agencies by resolution and b) the adoption of an implementation resolution by the Board of Directors of the Marin Street Light Acquisition Joint Powers Authority. To become a Member, a local agency must execute this Agreement by September 1,2005. It shall remain in effect until it is terminated pursuant to Article 19. ARTICLE 4: RELATIONSHIP TO JOINT SERVICES AUTHORITY OVERSIGHT COMMITTEE 4.1 The Joint Powers Authority Oversight Committee was established to oversee the operations of the JP A's and provide a forum to review and recommend policy issues affecting their joint efforts. The General Services Authority will raise significant policy issues and respond to inquiries from the Joint Powers Authority Oversight Committee for discussion by the Joint Powers Authority Oversight Committee, and the General Services Authority will report to the Joint Powers Authority Oversight Committee annually. . - 2- IPA Creating - GSA FINAL EDITED VERSION 03-22-05 . . . ARTICLE 5: MEMBERS 5.1 The County, Cities, Towns and Special Districts who enter into this Agreement by September 1, 2005. 5.2 The County, any Special District and any City or Town may be considered for Membership in the Authority after the date the Authority is fully established, by presenting an adopted Resolution to the Board, which includes a request to become a Member of the Authority. That Resolution shall be in a form prescribed by the Board with no modifications. 5.3 The Board shall accept propose~ Members upon a majority affirmative vote of the Board, upon payment of any Board determined fee and interest, and upon satisfaction of any conditions established by the Board as a prerequisite for Membership. 5.4 Member agencies may elect to participate in selected services of the Authority. ARTICLE 6: BOARD OF DIRECTORS 6.1 The Authority shall be governed by the Board, which shall exercise all powers and authority on behalf of Authority. The Authority shall provide Errors and Omissions Insurance for the Board. 6.2 A majority ofthe directors of the Board shall constitute a quorum for the transaction of business. The Authority shall act upon majority vote (each member having one vote) of the Board of Directors. 6.3 The Board shall elect by majority vote from its directors, a President and Vice President. The President shall represent the Authority and preside at Authority meetings. The Vice President shall serve in the absence of the President. 6.4 The Board shall be comprised of seven directors: a. The Marin County Administrator. (1) b. The City Managers of San Rafael and Novato. (2) c. Two City or Town Managers appointed by the Marin Managers Association. (2) d. Two Public Works Directors appointed by the Marin Public Works Association. (2) e. With the possible exception of the appointment of the County of Marin Public Works Director pursuant to paragraph 6.4.d. above, no member shall have more than one representative on the Board at any time. - 3- lP A Creating - GSA FINAL EDITED VERSION 03-22-05 6.5 Alternate directors, to act in the absence of the appointed representative, shall be appointed as follows: a. The Marin County Administrator shall designate an alternate for himself or herself. b. The City Managers for San Rafael and Novato shall each designate an alternate for himself or herself. c. The Marin Managers Association shall appoint another City or Town Manager/Administrator to serve as the single alternate for the two directors. d. The Marin Public Works Association shall appoint another Public Works . . Director as the single alternate for its two directors. e. Written confirmations of these appointments shall be transmitted to the Authority. 6.6 Agenda packets and minutes ofthe adjourned, regular and special meetings of the Board shall be kept by the Executive Officer and distributed to each member agency. Said minutes shall be adopted by the Board at its next meeting. 6.7 Each member of the Board shall have one vote. An alternate appointed pursuant to paragraph 6.5 above, shall have only one vote in any situation. A majority ofthe members of . the Board will constitute a quorum. For purposes of conducting business, a majority ofthe Board of Directors will be authorized to act on behalf of the Authority. The Board shall act by Motions duly adopted or Resolution when required by law. 6.8 All directors shall comply with any economic or other reporting requirements under state or, federal law. Upon formation of the Authority, the Board shall adopt a conflict of interest code pursuant to Government Code S 87300. 6.9 The Board may adopt from time to time such policies, procedures, bylaws, rules or regulations for the conduct of its affairs as deemed necessary by the Board. 6.10 The Board shall hold meetings as follows: a. The Board shall hold its regular meeting at 10:00 a.m. on the second Thursday of the odd numbered months. b. Special Meetings of the Board may be called in accordance with the provisions of Section 54956 of the California Government Code. c. All meetings of the Board shall be held subject to the provisions of the Ralph M. Brown Act (Sections 54950, et~, of the California Government Code) and other applicable laws of the State of California requiring notice be given of meetings of public bodies. . -4- JP A Creating - GSA FINAL EDITED VERSION 03-22-05 . . . . d. The agency or individual with whom the Authority contracts to provide Executive Officer services shall be the custodian of the official records ofthe Authority. 6.11 Other subcommittees of the Board shall hold meetings as follows: a. Other committees shall hold meetings as may be called by the Committee Chair or a majority of the members. b. Minutes of all meetings shall be kept and forwarded to members of the Committee and to each member and alternate member of the Board. ARTICLE 7: POWERS OF THE AUTHORITY EXERCISED BY THE BOARD OF DIRECTORS 7.1 The Authority shall have all of the necessary powers and authorities granted by law to provide the services authorized in Exhibit A, which may be amended from time-to-time pursuant to Article 13. 7.2 The Authority may contract with private companies and public agencies to create, implement and operate the programs and services outlined in Exhibit A. 7.3 The Authority may adopt budgets, determine fees and dues of Members, retain personnel, retain legal counsel, retain consultants and engineers, acquire grants, acquire, hold, lease and dispose ofreal and personal property, use the power of eminent domain, accept donations, sue and be sued, and possesses all other powers associated with the operation of a joint powers authority on behalf of the citizens, and public agencies within Marin County. No property, real or personal, shall be considered property of the Authority unless the Authority formally accepts it by Resolution. The Authority may exercise implied as well as these expressed powers. 7.4 The Authority shall have the responsibility to keep Members informed of and advise the MCCMC Legislative Committee regarding pending legislation that would affect the operations of the Authority. 7.5 The Authority shall defend, hold harmless and indemnify the Members ofthe Authority. 7.6 The Authority may contract with a Member for services from a Member's employees. 7.7 The Authority may exercise the powers permitted under Government Code S 6504 or any successor statute. Specifically, (a) contributions from the treasuries may be made for the purpose set forth in the Agreement, (b) payments of public funds may be made to defray the cost of such purpose, (c) advances of public funds may be made for the purpose set forth in the Agreement, such advances to be repaid as provided in the Agreement, or (d) personnel, - 5- JP A Creating - GSA FINAL EDITED VERSION 03-22-05 equipment or property of one or more of the Members to the Agreement may be used in lieu of other contributions or advances. 7.8 The Authority shall determine how any Agency will become a Member subsequent to the date the Authority is fully established as provided for in Section 5.2. Specifically, the Board shall establish fees and any other conditions necessary for an Agency to become a Member. Such fees shall be calculated based upon all priorproject expenditures in a manner consistent with the cost allocation of existing Members and any additional costs necessary to serve that new Member. Such a proposed new Member shall also pay interest at the rate of Bank of America prime rate, calculated on a quarterly basis, from the date this Authority is fully established, to its date of membership. The determination of the Board regarding fees and any other required conditions for new Members shall be within its sole discretion. 7.9 The Authority shall determine the amounts each Member shall contribute to the funding of the Authority. The contribution is set forth in Article 8 of the Agreement. 7.10 The Authority may do all things necessary and lawful to carry out the purpose of the Agreement. 7.11 As is required by Government Code S 6509, one Member must be designated such that the power of the Authority is subject to the restrictions upon the manner of exercising power. possessed by that Member. The County of Marin is designated the Government Code S 6509 agency. The Members agree that by this designation they agree not to interfere with any exercise of power by the Authority, be it general or specific, that would othelWise be lawful for the County to exercise. All powers and immunities possessed by the County are therefore possessed by the Authority. 7.12 Agencies, which become Members of the Authority expressly agree to delegate all lawful power to the Authority to carry out those acts and projects of the Authority in which they participate. 7.13 In addition to the powers discussed above, the Authority shall have the following additional powers but the exercise of these following powers shall only be permitted in the manner specified below: a. The Board possesses the following powers to be exercised as stated in Section 7.13 (b): 1. The power of eminent domain 2. The power to issue debt. Specifically, the authority can incur debt on its own under any law authorizing a joint powers authority to do so, including Government Code S 6540, et seq., and the Marks-Roos Local Bond . Pooling Act of 1985, Government Code S 6584, et seq. The Authority can - 6- lP A Creating - GSA FINAL EDITED VERSION 03-22-05 . . . . . use lease financing, certificates of participation, installment purchase certificates, short-term notes and any other suitable form of borrowing. The Authority may enter into an agreement with a Member regarding that Member incurring debt on behalf of the Agency. 3. The power, right and immunity to construct any facility in a member's jurisdiction without obtaining a permit of any nature from that member. b. These powers and rights may only be exercised after a majority vote of the participating Members constituting a majority ofthe population of Marin County, as defined by the State Department of Finance, by resolution of each agency's governing board. Such action would be reviewed with the Joint Powers Authority Oversight Committee. 7.14 The Authority shall keep the Joint Powers Authority Overs~ght Committee informed of issues that may affect the duties ofthe JP A. ARTICLE 8: FUNDING OF THE AUTHORITY 8.1 The Board shall adopt annual budgets for the Authority's activities within ninety (90) days of the effective date of this Agreement and by June 1 of each succeeding year. Public funds may not be disbursed by the Authority without adoption of the approved budget and all receipts and disbursements shall be in strict accordance with the approved budget. The budget shall identify the programs of the Authority'and allocate funds by the program. The Board shall allocate these costs for each program with the adoption of the annual budgets. 8.2 Members shall contribute funds to the Authority. The contributions of Members shall be based on their participation in the duties specified in Exhibit A. All budget items shall be considered general unless identified as special in Exhibit B. The formula for contributions for general budget items is based on a combination of two pro rata factors designed to develop an equitable and proportional sharing. The formula uses two factors equally: assessed valuation of real property and population in an effort to develop a fair apportionment of costs. To fund general budget items, each Member shall contribute a sum equal to: (A VM) (GB) (.5) + (PM)(GB)(.5) = C AVAM PAM A VM means the most current Assessed Valuation of Real Property of an individual Member as determined by the County Assessor; A V AM means the most current Assessed Valuation of Real Property of All Members as determined by the County Assessor; GB means general budget items; -7 - IPA Creating - GSA FINAL EDITED VERSION 03-22-05 PM means Population of Member; P AM means Population of all Members; C means Contribution of Member. For the County, the variables shall be based on the unincorporated assessed value of real property and the population in the unincorporated area. 8.3 Special Districts shall only be obligated for those programs related specifically to the administration and operation of street lighting facilities. Special budget items shall be funded by the participating Members as designated in Exhibit B. 8.4 Members shall pay their contributions within thirty (30) days after a request for payment has been made by the Authority. The Authority shall have the ability to fund general and special budget items from fees charged for the use of Authority assets. . ARTICLE 9: EXECUTIVE OFFICER 9.1 There will be an Executive Officer of the Authority who shall be responsible for the administration of the Authority. The Executive Officer shall be appointed by and may be removed for any reason by a majority vote of the Board. The Executive Officer shall be designated the Government Code 9 6505.1 officer who shall file an official bond. The Executive Officer is hereby delegated the authority by the Board to enter into agreements or . modifications to agreements in an amount not to exceed $25,000.00. By Resolution the Board may delegate to the Executive Officer any other power not expressly prohibited by law. 9.2 The Executive Officer shall cause an independent annual audit of the accounts and records to be conducted by a certified public accountant in compliance with the requirements of Section 6505 of the Government Code and generally accepted auditing standards. 9.3 The Authority shall solicit competitive applications, including compensation for the services of executive officer every four years. The first application process will be within two years after ratification of the JP A. ARTICLE 10: TREASURER / CONTROLLER 10.1 a. The Treas~rer shall be the County Auditor/Controller who shall also function as Controller of the Authority. b. The Treasurer shall serve as the depository and have custody of all Authority funds and establish and maintain such books, records, funds, and accounts as may be required by reasonable accounting practice. The books and records of the Authority shall be open . to inspection at all reasonable times to the Members. - 8- JPA Creating - GSA FINAL EDITED VERSION 03-22-05 . . . c. The Treasurer, within ninety (90) days after the close of each fiscal year (which shall be from July 1 to June 30), shall give a complete written report of all financial activities for such fiscal year to the Members. d. The Treasurer shall prepare such financial reports as may be directed by the Board. e. The Authority shall reimburse the Treasurer for all costs incurred in the fulfilment of these duties. ARTICLE 11: DEBTS AND LIABILITIES 11.1 As permitted under Government Code S 6508.1, no debt, liability, or obligation of the Authority shall constitute a debt, liability, or obligation of any Agency and each Member's obligation hereunder is expressly limited only to the appropriation and contribution of such funds as may be levied pursuant to this Agreement. ARTICLE 12: INDEMNIFICATION 12.1 The Authority shall acquire such insurance protection as is necessary to protect the interest of the Authority, the County, Special Districts, Cities, Towns and the public. The Authority created by this Agreement shall assume the defense of and indemnify and hold harmless the County, Special Districts, Cities, Towns and each of their respective officers, agents and employees, from all claims, losses, damages, costs, injury and liability of every kind, nature and description directly or indirectly arising from the performance of any of the activities of the Authority or the activities undertaken pursuant to this Agreement. Notwithstanding the foregoing language orthat language contained in Article 7, S 6.6, the Authority shall not be obligated to defend, indemnify or hold harmless any member, its officers, agents, or employees from any and all claims, losses, damages, costs, injury and liability of every kind and nature when such claim arises from any effort of any nature by a member, either directly or indirectly, which hinders or prevents implementation of an act or project of the Authority. ARTICLE 13: AMENDMENTS 13.1 This Agreement may be amended only upon the two-thirds (2/3) affirmative vote of all the Directors of the Board with such proposed amendment having been noticed Members thirty (30) days prior to the date of the meeting. Changes to Sections 7.13 and 5.4 must be approved by a majority of member agencies representing the majority of the population. - 9- JP A Creating - GSA FINAL EDITED VERSION 03-22-05 ARTICLE 14: WITHDRAWAL 14.1 Any City, Town, Special District or the County may withdraw from this Agreement effective July 1 of any year, by giving written notice to the Authority's Executive Officer ninety (90) days prior to that July 1. Upon withdrawal, a City, Town, Special District or the County retains its financial obligations for current contracts executed to fulfill this Agreement, and assumes that respon"sibility at its own expense. In the event a Member withdraws, the Authority will deed all assets within the Member's jurisdiction to the Member. . ARTICLE 15: SEVERABILITY 15.1 If any provision of this Agreement or its application to any person or circumstances is held invalid, the remainder of this Agreement and the application of the provision to other persons or circumstances shall not be affected. ARTICLE 16: NOTICES 16.1 All notices to Members shall be deemed to have been given when mailed to the governing body of each Agency. The Board may provide for notice bye-mail or facsimile or some other reliable method by resolution. All notices to the Authority shall be delivered to its Executive Officer. . ARTICLE 17: NO RIGHTS IN THIRD PARTIES 17.1 All of the terms, conditions, rights and duties provided for in this Agreement are, and shall always be, solely for the benefit of the Members. It is the intent ofthe Members that no third party shall ever be the intended beneficiary of any performance, duty or right created or required pursuant to the terms and conditions of this Agreement. ARTICLE 18: MARIN STREETLIGHT ACQUISITION JPA 18.1 The Marin Streetlight Acquisition Joint Powers Authority shall be disbanded upon the effective date of this Agreement as specified in Section 3.1 and all assets, fund balances, trust funds and/or cash shall become the assets of the Marin General Services Authority upon the effective date of this Agreement. ARTICLE 19: TERMINATION 19.1 This Agreement may be terminated by the Board upon notice of withdrawal being received from a majority of the Members. Upon termination, payment of the obligations and . division of the property of the Authority shall be as follows: -10 - JPA Creating - GSA FINAL EDITED VERSION 03-22-05 . . . a. In the event of termination of the Authority where there is a successor public entity, which will carry on the activities ofthe Authority and assume its obligations, Authority funds, including any interest earned in deposits, remaining upon termination of the Authority and after payment of all obligations shall be transferred to the successor public entity. . b. If there is no successor public entity, which would carry on any of the activities of the Authority or assume any of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be divided in proportion to the accumulated contributions of each agency. c. If there is a successor public agency, which would undertake some of the functions of the Authority and assume some of its obligations, Authority funds, including any interest earned on deposits, remaining upon termination of the Authority and after payment of all obligations, shall be allocated by the Board between the successor public entity and Members. d. In the event the Authority is terminated under circumstances falling with (b) or ( c) above, all decisions of the Board with regard to determination of amounts to be transferred to Members or any successor shall be final. ARTICLE 20: AGREEMENT COMPLETE 20.1 The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. Any such agreements merge into this Agreement. This Agreement can only be amended pursuant to Article 13. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their proper duly authorized officers and it will be effective as of the date of execution of all the parties hereto. This Agreement may be executed in counterparts. Dated: Attest: Title: -11- JP A Creating - GSA FINAL EDITED VERSION 03-22-05 EXHIBIT A . DUTIES OF MARIN GENERAL SERVICES AUTHORITY 1. Own and insure the streetlights of member agencies that have been transferred to the Authority by the member agencies. 2. Advise the County of Marin on the non-point discharge pollution prevention system for Marin known as the Marin County Storm Water Pollution Prevention Program. 3. Govern and manage the Marin County taxicab regulation program. 4. . Manage the abandoned vehicle abatement program. 5. Explore, investigate, advise, and assist member agencies on energy issues. 6. Lease access to agency owned streetlights. 7. Provide regional information management services, including PC support, networks and shared applications. 8. Manage the MarinMap Geographic Information System. . . . . . EXHIBIT B FUNDING OF MARIN SPECIAL BUDGET ITEMS 1. Streetlights - Members shall pay the costs of this function in proportion to the number of streetlights owned by the Authority in each member's jurisdiction. :/ 2. Taxicab - Funded by fees set by the Authority. 3. Abandoned Vehicle Program - Funded by state imposed surcharge on vehicle registration. 4, Technology Services - Funded by user charges paid by participating agencies. 5. MarinMap - Funded by member fees, grants and special assessments on members. General Services Authority's administration, accounting and legal costs will be reimbursed by the MarinMap budget. . . . ~~~~ ~\\ '. \J0 \ \\ \ ~, \. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE JOINT POWERS AGREEMENT CREATING THE MARIN GENERAL SERVICES AUTHORITY AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT ON BEHALF OF THE TOWN EXHIBIT NO.~ WHEREAS, the Town of Tiburon is a member of the Marin Streetlight Acquisition Joint Powers Authority; and WHEREAS, the Town of Tiburon has participated in the joint powers agency reviews by the Joint Services Committee and the Joint Services Authority Oversight Committee; and WHEREAS, the Town of Tiburon supports the formation of a regional agency to provide shared municipal services in a cost-effective manner; and NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby agrees to become a member of the Marin General Services Authority and authorizes the Mayor to sign the Joint Powers Agreement creating the Marin General Services Authority on behalf of the Town of Tiburon. . PASSED AND ADOPTED at a regular meeting of the Town Council on this 4th day of May, 2005 by the following vote: COUNCILMEMBERS: AYES: NAYES: ABSENT: ABSTAIN: MILES BERGER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK , U'T'C.';\E'~\ ,,; ;1 i ._)' r;:. :-~it'..l~ )1',. ~ ~~ kr~ Ii EXHIBIT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE TERMINATION OF THE MARIN STREET LIGHT ACQUISITION JOINT POWERS AUTHORITY WHEREAS, the Town of Tiburon is a member of the Marin Street Light Acquisition Joint Powers Authority; and WHEREAS, the Town of Tiburon has adopted Resolution No. _ agreeing to become a member of the new Marin General Services Authority; NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby agrees and authorizes the termination of the Marin Street Light Acquisition Joint Powers Authority and the transfer of all assets, fund balances, trust funds, and/or liabilities to the Marin General Services Authority, which shall become assets and liabilities of the Marin General Services Authority upon the effective date of the agreement creating the Marin General Services Authority. PASSED AND ADOPTED at a regular meeting of the Town Council on this 4th day of May, 2005 by the following vote: COUNCILMEMBERS: AYES: NA YES: ABSENT: ABSTAIN: MILES BERGER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK F' . . . . Town of Tiburon STAFF REPORT AGENDA ITEM ~ TO: Mayor and Members of the Town Council FROM: Pat Echols, Director of Public Works/Town Engineer Update on MMWD Pipeline Replacement projEect ngT.iburon Multi-Use Path MEETING DATE: May 4, 2005 REVIEWED BY: SUBJECT: BACKGROUND AND DISCUSSION . As part of t he Marin Municipal Water District (MMWD) 2004-05 Fire Flow Master Plan (FFMP), MMWD plans to install a replacement pipeline along the Tiburon Multi- Use Path between the South of Knoll and Lagoon Road. The new pipeline will replace two smaller (1O-inch and 14-inch diameter) cast iron pipes that were installed in the 1920's and in 1957. These pipes have been identified in the District's FFMP and Reliability Plan as critical "backbone" infrastructure. These lines are the main supply of water to Tiburon. In the event of a large earthquake, these mains have a high probability of failure. 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. The preliminary project plans indicate that the new pipeline will generally be located along the northern edge of the paved path. To provide required public accessibility along the path during construction, MMWD will create a 6-foot wide temporary path adjacent to the existing paved path. Given that construction vehicles will occasionally use the widened portion for access, MMWD will likely construct the temporary path using asphalt for stability. In order to excavate the pipeline, an approximately 2 to 3- foot wide level surface will be needed to the north of the path. This will necessitate removal of some existing landscaping and irrigation. These two conditions present an opportunity to achieve physical enhancement of the path upon completion of construction. Since MMWD will be working on Town property (an easement is currently being negotiated through the Town Attorney's office), they must obtain an encroachment permit from the Department of Public Works. The permit will provide specific conditions with respect to the execution of construction (work hours, public safety, path restoration requirements, etc.) Based on discussions with MMWD and input from members of the Town's Bicycle & Pedestrian Advisory Committee (BPAC), staff has developed two basic path restoration alternatives for the Town Council to consider: . 1. Restore asphalt pavement including an additional two feet along the northern side and restore a 4 to 6-feet wide pedestrian/jogging surface composed of stabilized decomposed granite (referred to as DG). This material was used for the paths that were installed as part of the Blackie's Grove project several 4/27/2005 1 of 2 Town of Tiburon STAFF REPORT . AGENDA ITEM . . .. . . . .1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . years ago in Blackie's Pasture and as shoulder material as part of last year's resurfacing along the multi-use path between Blackie's Grove and McKegney Green. 2. Same as above,' but utilize a rubberized pavement surface for the running surface. The material specified would be similar to all-weather surfaces used for outdoor track-and-field facilities. Staff is currently researching products and costs. It is likely that this material will be more expensive than DG, but that cost may be offset by the fact that the asphalt placed or the temporary access path would not need to be removed and would serve as a base for the rubberized surfacing. 3. Restore path to its pre-existing condition including an improved DG walking/jogging surface. Alternatives 1 & 2 are consistent with the general recommendations of the BPAC contained in their draft Multi Use Path Plan. Staff would request that MMWD solicit bid alternates for these three scenarios. After bids are opened, the Town and MMWD would have the opportunity to meet and discuss the bid amounts for the alternatives. The duration of the project is expected to last approximately three months. MMWD has indicated that the duration may be reduced if work is allowed to be performed between 7:00 AM and 6:00 PM (Monday through Friday). Standard encroachment permit work hours are 8:00 AM to 5:00 PM (Monday through Friday). Staff proposes to allow the extended work hours with the limitation that operation of heavy equipment (and other vehicles with back-up alarms) not commence until 8:00 AM. . MMWD intends to host a public meeting/workshop in Tiburon to allow residents an opportunity to learn more details about the project purpose, schedule and the anticipated construction. The District plans to solicit 'contractor bids in June and award a contract in early August. Construction is anticipated to begin on or about September 1 and be complete by December 2005. RECOMMENDATION It is recommended that the Town Council provide direction to staff regarding the path restoration alternatives discussed herein and the proposed construction work hours. . April 26, 2005 2of2 LATE MAIL #~ RECEIVED MAY 04 Z005 Memorandum PLANNING DIVISION TOWN OF TIBURON To: Kris Krasnove, Town of Tiburon Planning Department From: Tyler Phillips, Member, BP AC sub-committee for MUP configuration RE: MUP and MMWD Date: May 4, 2005 Kris, please print this Memo and add to the Late Mail for tonight's Council Meeting. While the BP AC' s next meeting is not until May 24th, the sub-committee assigned to deal with this issue has been actively reviewing the options and will make the following recommendation at the meeting on May 24th. 1) An asphalt surfaced path, same width as is, flanked, on both sides by jogging paths in crushed granite; and 2) The approved MUP layout plan should run from Mar West (Library to Blackies). The BPAC sub-committee recognizes that not all of the MUP will be impacted by the MMWD project, but believes that the recommended MUP configuration provides the most inviting pedestrian surface and a seamless transition to the paved surface. I will be at the meeting to answer any questions. Respectfully submitted: Tyler Phillips ;J . ~ Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor & Members of the Town Council FROM: Pat Echols, Director of Public Worksl Town Engineer SUBJECT: Award Contract for Town Hall Photovoltaic System Installation MEETING DATE: May 4, 2005 REVIEWED BY: ~ --" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND & DISCUSSION . At the October 6,2004 Town,Council meeting, the Council received a presentation from Community Cooperative Energy (CCE) regarding the proposed installation of a solar photovoltaic system on the Town Hall roof. A part of the presentation included an analysis indicating that the acquisition and installa.tion cost for the solar panels at that time would be paid back. through operational savings in 16 years. Based on the presentation, staff was directed to have CCE develop plans & specifications for the system and authorized funding for the project. CCE subsequently prepared plans & specifications and contractor bids were solicited. Bids were opened on December 22, 2004. Two bids were received. Servco Construction (with an apparent low bid of $39,300) was determined to be non-responsive due to inadequate insurance coverage and the second bid of $73,600 was deemed too high. Accordingly, staff rejected both bids and re-bid the project. New bids were opened on March 16, 2005. The low responsive bidder was Sustainable Technologies of Alameda, CA with a bid of $57,095. The second bid was $80,620. Once a contract is awarded, CCE will order the PV equipment and submit a rebate application to the California Energy Commission. The rebate rate is scheduled to decrease by 8% in Ju11, 2005. Accordingly, the Town must apply by June 30 to avoid the rebate reduction. On December 1, 2004 the Town Council authorized a budget amendment of $113,230 for the equipment purchase and installation and authorized the Town Manager to execute a purchase agreement. At that time, CCE estimated that installation costs would be roughly $37,000. The estimate was based on over 300 similar-sized system installations on private facilities. Due to the insurance requirements, bidders' costs are higher than CCE anticipated. Additionally, the State rebate decreased by $4,500 on January 1, 2005. Despite the rebate reduction, the net installation costs have been reduced by $12,000 by re-bidding the project. Accordingly, the revised total net project cost (including 10% construction contingency) is estimated to be approximately $142,800 (representing a 26% increase) which requires a budget amendment of $29,570. . At its April 20 meeting, the Town Council elected to postpone contract award pending submission of a revised financial analysis utilizing the actual bid price rather than the estimated cost. CCE has provided the revised analysis (Exhibit 1). g.". . - ~ . . .. 4/27/2005 1 of 2 ,- " Town of Tiburon STAFF REPORT . AGENDA ITEM . . fl. . .. . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . RECOMMENDATION It is recommended that the Town Council authorize award of contract to Sustainable Technologies in the amount of $57,095 and approve a budget amendment of $29,570 to be funded by the General Fund Infrastructure & Facility Reserve. Exhibit 1 - Revised CCE Financial Analysis . . April 27, 2005 2of2 . Cooperative Community Energy Chris Neider Field Rep,Marin County / North Bay Cooperative Community Energy 534 Fourth Street, Suite C San Rafael, CA 94901 chrisn@ccenerQy.com 415-497-7044 (m) / 415-457-0215 (w) EXHIBIT e;H- I "-.-/ ."I .- April 28,2005 Pat Echols Town of Tiburon 1505 Tiburon Blvd Tiburon, California 94920 Dear Pat, At your request, here is an updated financial analysis of the Town Hall solar project, reflecting the situation as it now stands in April, 2005. The salient changes from the Sept. 2004 analysis are: . At the end of 2004, the rebate available from the CEC dropped from $3.00/watt to $2.80/watt. . The town has opted to pay for the system in cash, instead of financing it. (This is the most significantfactor in the difference between the two analyses.) . . The winning installation bid came in at $57,095, instead of the estimated $36,000, due to the town's high requirements for insurance and bonding. . We have since revised our financial analysis tools to more accurately model projects such as this. . The Marin County sales tax rate has increased a half point. Although the final, installed, after-rebate cost has increased from $110,919 to $137,093, the net effect of all these changes is fairly minimal from a financial analysis standpoint: . Theproject still breaks even in year 18, instead of year 16. . The after-tax internal rate of return dropped from 12% to 9%. . The savings (avoided cost) of the solar project has dropped from 209,880 over 30 years of operation to 175,951. I hope that answers your questions. Please let me know if you need additional information. Most importantly, bear in mind that the rebate is scheduled to drop again at the end of June, so we should make every effort to get the installation contract signed and the rebate application filed as soon as possible. . Sincerely, Chris Neider Cooperative Community Energy chrisn@ccenerQV.com / 415-497~ 7044 CCEnergy - Confidential Document l'\ Cooperative Community Energy Cashflow Analysis for Town of Tiburon's Energy Project: A 23 kW Commercial PV System - Kyocera 167 Modules, SMA Inverters, Flush Roof Mount to be installed at 1505 Tiburon Blvd, Tiburon, California 94920 4/28/05 . This project will save $175,951 over 30 years of operation. Doing nothing will cost $313,045 in additional energy bills over 30 years. Renewable Energy...... $0.118 per kW-hr Utility Energy............... $0.146 per kW-hr Utility costs $0.487 per kW-hr in 30 years. Installed Cost: Total Rebates: Net Cost: $199,306 -$62,213 $137,093 Pay $137,093 out of pocket. After-tax Internal Rate of Return is 9%. all calcuJationsare adjusted for inflation, and reported in today's dollars Cumulative Cost of Utility Energy o 3 6 9 $0 12 Year 15 18 21 24 27 30 -$50,000 . -$100,000 -$150,000 - -$200,000 -$250,000 -$300,000 -$350,000 Cumulative Savings with Project 036 $200,000 9 Year 12 15 18 21 24 27 30 $0 ~ $150,000 - $100,000 - $50,000 -$50,000 -$100,000 -$150,000 . Cash flow projections are based on assumptions about system performance and economic circumstances. Actual results may vary. CCenergy gives no express or implied warranty of specific performance or savings. .-' CCEnergy - Confidential Document . . . 4/28/05 Cashflow Details Member Name: Town of Tiburon Address: 1505 Tiburon Blvd Tiburon, California 94920 Cooperative Community Energy all cash flows are adjusted for inflation, and reported in today's dollars Year 1 2 3 4 5 6 7 8 9 10 Energy Savings/Cost $5,736 $5,943 $6,160 $6,387 $6,624 $6,871 $7,129 $7,399 $7,681 $7,975 Tax Savings $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Additional Income $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Rebate Income $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Short-Term Capital -$137,093 $0 $0 $0 $0 $0 $0 $0 $0 $0 Loan Payment: Principal $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Loan Payment: Interest $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Savings, this year -$131,357 $5,943 $6,160 $6,387 $6,624 $6,871 $7,129 $7,399 $7,681 $7,975 Cumulative Savings -$131,357 -$125,414 -$119,254 -$112,867 -$106,243 -$99,372 .:~92~~ J~,8~ -$77,163 -$69,188 ----------. =i5,736 ":$1'1 ,679 -i1 '7,839 :$24"]2'6 ---- -$3'7)21 -$59.'930 ":'$67,905 Cumulative Energy Cost -$30,850 -$44,850 -$52,250 Year 11 12 13 14 15 16 17 18 19 20 Energy Savings/Cost $8,281 $8,601 $8,935 $9,283 $9,646 $10,024 $10,419 $10,830 $11,258 $11,705 Tax Savings $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Additional Income $0 .$0 $0 , $0 $0 $0 $0 $0 $0 $0 Rebate Income $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Short-Term Capital $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Loan Payment: Principal $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Loan Payment: Interest $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Savings, this year $8,281 $8,601 $8,935 $9,283 $9,646 $10,024 $10,419 $10,830 $11,258 $11,705 Cumulative Savings -$60,907 -$52,305 -$43,370 -$34,088 -$24,442 -~~4!.8 _ -!3~~ _ $6,83~ ~ ~1liO~ $29,794 ----------. :$76:'18'6 ':$8'4,788 -i9'3, 723 --- ....--- -.--- Cumulative Energy Cost -$103,006 -$112,651 -$122,675 -$133,094 -$143,924 -$155,182 -$166,887 Year 21 22 23 24 25 26 27 28 29 30 Energy Savings/Cost $12,171 $12,656 $13,161 $13,688 $14,236 $14,808 $15,403 $16,023 $16,669 $17,342 Tax Savings $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Additional Income $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Rebate Income $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Short-Term Capital $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Loan Payment: Principal $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Loan Payment: Interest $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Total Savings, this year $12,171 $12,656 $13,161 $13,688 $14,236 $14,808 $15,403 $16,023 $16,669 $17,342 Cumulative Savings $41,965 $54,620 $67,781 $!1~~ ..!~, 7~~ $110,513 ~~5~,!! $1~,9~2 $.!.5~6~ $175,951 C~m~l3ti;e EnergyCost ....--- 1---- -$179,058 -$191,713 -$204,874 -$218,562 -$232,798 -$247,606 -$263,009 -$279,033 -$295,702 -$313,041 Monthly Cash Flow $4,000 $2,000 $0 -$2.000 '$4.000 -$6,000 '$8.000 -$10.000 -$12,000 Yea .- -~D-~~q--4-tl-l:I'-tl---I:!-!l-I:I-I:I-I:I-D--a-n-rI---O---n--O--ll-O-O-D-rLal 3 6 9 12 15 18 21 24 27 lJ Savings: I Energy + Tax II EI Loan Payment . r Cash flow projections are based on assumptions about system performance and economic circumstances. Actual results may vary. CCenergy gives no express or implied warranty of specific performance or savings. CCEnergy - Confidential Document Net Cash Flows 4/28/05 Cooperative Community Energy Member Name: Town of Tiburon Address: 1505 Tiburon Blvd Tiburon, California 94920 . 30 year net cash flows, reported in today's dollars With Project No Project Member's income Surplus $ 10,620,625 $ 10,620,625 $ 10,620,625 $ 10,620,625 Cash orshort4erm loan Electricity expense Net income $ (137,093) $ (898,366) $ 9,585,165 $ (1,211,411) $ 9,409,214 Net income with Project Net income without Project Net benefit with Project $ 9,585,165 $ (9,409,214) $ 175,951 . Assumptions: Member's base income is 17 times historical energy cost, and rises with inflation. Inflation is 3.5% per year. Energy costs increase by 4.1 % per year. Member pays $137,093 out of pocket. System performance declines by 0.5% per year. Federal Income Tax is 0% and State Income Tax is 0%. . Cash flow projections are based on assumptions about system performance and economic circumstances. Actual results may val}'. CCenergy gives no express or implied warranty of specific performance or savings. .:' . . . .. Town of Tiburon b STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: FROM: Mayor and Members of the Town C~'I Alex D. Mcintyre, Town Manager ~ Retention of Public Opinion Survey . SUBJECT: MEETING DATE: May 4, 2005 . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . Background At the Council-Staff retreat in January 2005, the Town Council asked staff to gain critical feedback on our performance as an organization from Town residents. Specifically, the Town Council indicated that specific feedback from those who visit Town staff at the counters would be helpful in critiquing the individual's customer service skill while also measuring the overall service provided. Unfortunately, while that measure could be useful for that specific individual providing counter assistance, the Town certainly provides more types of public service than that. Recognizing this, I want to go a few steps further to discover the overall success that the Town organization is having in serving all of our residents' and customers needs and expectations. Receiving statistically accurate feedback on our performance as an organization is vital in order to keep the organization responsive to its constituency. There are a number of public opinion survey firms that can work with the Town to identify the types of services to be surveyed (e.g., public works, planning, building, law enforcement, etc.) as well as the overall impression of the Town. Further, working in conjunction with the economic development committee of the Tiburon Peninsula Chamber of Commerce, there is much speculation as to why Tiburon residents might resist shopping in downtown Tiburon. It would be helpful for the Committee as well as the Town to understand this reluctance and what it might take to lure our residents back downtown. Proposal I contacted Godbe Research (GR) of Half Moon Bay who has a wealth of experience in this type of public opinion work. They have previously conducted this type of work for the cities of Novato and San Rafael and also have conducted voter surveys for the recently successful Marin County Congestion Management Agency - Measure A campaign (recently renamed the Transportation Agency of Marin (TAM)). Communications with the Field Research Corporation went unanswered. GR submitted a full proposal (Exhibit A). GR would work with Town staff and Council to develop a questionnaire addressing the issues important to the Town. For the customer satisfaction survey, 400 randomly selected residents would be selected to answer a series of questions by telephone. In addition, these same residents would also be queried on the downtown issues. In addition, recognizing that Tiburon's downtown also belongs to Belvedere and those living on Paradise side of the peninsula, fifty STAFF REPORT Town ofTiburon . . . . . . . . . a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . residents in Belvedere and the county unincorporated area will be surveyed which will focus solely on the respondent's impressions of downtown. This information would be collected and analyzed and presented in a final report before the Town Council. The process would take approximately six to eight weeks to complete with a final presentation to the Town Council. The report can then be used as a tool for the Town Council to have staff focus better on certain areas of performance, enhance services, eliminate services and continue to be responsive to the Town. Financial Impact At this time, it is difficult to accurately assess how long it would take to gain the important feedback necessary for a successful survey. As such, I would suggest that the Town Council authorize an 18-minute Town survey and an 8-minute downtown survey costing up to $19,525. I would imagine however, that these costs could be reduced if it was desired by the Town Council. Sufficient funds have been budged in the economic development program in the Administrative budget to cover these costs. The cost to fully execute the survey is dependent upon the length of the survey and how long each interview would require. For the customer satisfaction and downtown portion, the survey . should take no more than 18 minutes; the downtown portion only should require no more than eight minutes. Finally, you will note in the cost portion of the proposal (page 17) that GR also provided an estimate to undertaken a completely different survey (Survey Event Two) of voter interest should the Town Council ever consider any future tax or bond measures. This information was simply gathered for information only and has nothing to do with the survey under consideration. Recommendation It is .recommended that the Town Council authorize the Town Manager to negotiate and execute an agreement with Godbe Research in an amount not to exceed $19,525 for the purpose of developing and executing a customer satisfaction survey of Tiburon's organization, services and its downtown. Exhibits Exhibit A - Godbe Research Proposal . May 4,2005 Page 2 of 2 .. . . G EXHIBIT NO. A CONDUCT DENT VOTER STUDIES Presented to the Town of Tiburon March 29, 2005 I I . Q'l Godbe Research, a California Department of Transportation (Caltrans) certified DBE and state registered small business, was founded in January of 1990. The firm isa full~service public opinion research agency that offers its clients extensive experience in public opinion research for community satisfaction and needs assessments, public education and outreach strategies, strategic and general planning efforts, ballot measure feasibility, and public sector marketing efforts. Our fully-staffed offices in Half Moon Bay (San Francisco), Los Angeles, and Carlsbad (San Diego) house a staff of highly trained and experienced researchers (all Master's or Ph.D. level), and a commitment to providing superior quality research and client services. The firm has been employed by public and private sector clients, throughout the United States and internationally. The combined expertise of the Godbe Research team spans over 50 years in the field of public opinion research. The Godbe Research Team consists of the President (Bryan Godbe), a Director of Research, two Associate Research Directors, and a staff of Senior Research Analysts, Research Analysts, and Research Associates. Each team member has the education and experience commensurate with their position at Godbe Research and the team regularly teaches and speaks in the field of survey research. In short, you will not find a more experienced and educated team in public opinion research. Since 1990, Godbe Research has conducted over 1,000 resident, voter, employee, and user opinion studies for public agencies throughout the western United States. Godbe Research has conducted or is in the process of conducting research studies aimed at assessing satisfaction with the quality of life in general as well as with specific city/town services for the cities/towns of San Rafael, Novato, Petaluma, EI Cerrito, Albany, Brentwood, Clayton, Davis, West Sacramento, South Lake Tahoe, Santa Monica, Cupertino, Redwood City, Campbell, Newport Beach, Los Gatos, Dublin, Mountain View, Malibu, Henderson (Nevada), and Portland (Oregon). This includes providing actionable information to help drive planning processes for various specific geographical areas within Cities/Towns (e.g. downtowns, historic districts, specific city/town parks, piers and boardwalks, etc.). . Godbe Research also has significant experience in conducting voter studies to assess the feasibility of passing revenue measures with voters. This includes projects for many of the aforementioned clients as well as for the cities/towns of San Anselmo, Los Altos Hills, San Marino, Atherton, Yucaipa, Lake Arrowhead, Mill Valley, as well as for the San Rafael City Schools, Novato Unified School District, Marin County Free Library, and College of Marin. Through our voter research process, the team can determine the appropriate funding mechanism, assess baseline and informed support for a measure, determine the specific projects or programs that voters are most interested in funding, identify the arguments and features of a measure that increase support for the measure, determine whether there is a need for a public information campaign and the substantive content of the campaign, as well as determine the tax threshold at which the necessary proportion of voters will support a revenue measure. As an organization, Godbe Research is a small business (less than 25 employees) and we manage our commitments wisely. This means managing our project load so that the President, Director of Research, or Associate Research Directors can be directly involved in each project we conduct. Similarly, we do not take on so many projects that we need to move team members or remove team members from current projects. Thus, Godbe Research is committed to allocating the team members outlined in this proposal for the duration of the project. . 2 .. . . . Godbe Research has well defined quality assurance and control measures in place, especially for a small business. We use a defined task based approach for our projects, as well as a dedicated project manager to ensure that all tasks are performed without error, on time, and by the appropriate team member. For example, our Associate Research Directors do not perform data processing or vendor management duties, just as our Research Analysts are not involved in managing projects or making recommendations to clients, as this is not their area of expertise. However, both Associate Research Directors were once Research Analysts for Godbe Research, as we promote internally. Thus, they can manage and oversee all tasks completed by other team members given that they are intimately familiar with the Godbe Research processes for each task we perform for a given project. .T"mMn of Tiburor! -- Pub!lc Opinion Research 3 ~ . Godbe Research is a recognized leader in public opinion research of both residents and voters. The firm believes that a project's success depends on recognizing the individual needs of each client and not simply taking a 'cookie cutter' approach to survey research. To this end, Godbe Research has crafted the following project plan for the Town of Tiburon (Town) to illustrate the types of considerations that go into each of our research projects. Research Objectives Before beginning any research project, Godbe Research spends a significant amount of time reviewing the client's research objectives to choose the most appropriate research design. Based on our understanding of the project at this point, Godbe Research understands that the Town of Tiburon has several research objectives that will necessitate two separate surveys; one a survey of all Tiburon residents (and residents of Belvedere), and one survey of Tiburon voters. These research objectives include: . exploring resident opinion and satisfaction with the quality of life in Tiburon as well as with specific Town programs and services (survey of residents); . exploring issues with Tiburon and Belvedere residents on the Tiburon downtown and what factors might increase patronage of Tiburon's downtown (survey of residents); . assessing the feasibility of passing a bond for facilities improvements within the Town of Tiburon (survey of voters), and; . collecting demographic information on Town of Tiburon residents and voters for profiling and segmentation purposes (both surveys). . Given the four primary research objectives, we can accomplish the goals of the Town of Tiburon with two surveys. The first survey will be a survey of Tiburon residents with an additional oversample of Belvedere residents. The second survey will be a survey of Tiburon voters that are likely to vote in the election or election of interest. A discussion of each survey event is presented below. Sample Size Godbe Research's approach to any quantitative research project includes rigorous attention to research methodology. The first step in this process is to determine the appropriate sample size to meet a client's research objectives, reduce the sampling error to an acceptable level, and conform to the client's budget. To survey a local community such as a city, town, county or special jurisdiction on satisfaction and quality of life related issues, a sample of 400 (n=400) respondents is generally satisfactory. This will reduce the overall maximum statistical margin of error to between three and five percent at the 95% confidence level for all Town of Tiburon residents. However, given the need to explore downtown patronage issues with residents of both Tiburon and Belvedere, we are suggesting sampling an additional 50 Belvedere residents, for a total sample size of 450 (n=450) residents. The margin of error for the Belvedere residents will be significantly higher at +/- 13% at the 95% confidence level, but 50 interview will give the Town of Tiburon a good feel for the opinions and . 4 . . . attitudes of Belvedere residents on Tiburon's downtown without having to conduct a full study of Belvedere residents. Sampling Method Godbe Research can work with a variety of different types of sampling methodologies, including random digitsamples, random cluster samples, or a sample of a special universe appropriate to a client's research objectives. For a project such as this, Godbe Research usually recommends drawing a random digit dial (ROO) sample of residents. This type of sample accurately identifies potential participants for the telephone survey by their residency status and is most appropriate when it is necessary to sample the attitudes df an entire population, and notjList registered voters or a special group of respondents. Because all households with telephones in the Town of Tiburon (and Belvedere for the downtown issues) have an equal probability of being chosen for the survey, we can confidently extrapolate the information gained in the sample to the larger population. The ROO sample is drawn by determining the active phone exchanges within a given sampling area (typically by zip code) and then producing a random list of all active residential phone numbers in the area. Although this method produces both listed and unlisted phone numbers and thereby eliminates the bias of unlisted phone numbers, it can not match names with each number. The respondent's name, address and other demographic information, however, are easily acquired during the actual telephone interview. One concern associated with the ROO sampling method is the incidence rate--the probability that a given number will connect to a person who is eligible to take the survey. Because phone exchanges are distributed according to several factors in addition to geography, certain exchanges will service households both within and outside of the sampling anola of interest. The probability that a number will service a household within the sampling area of interest is the primary factor that determines the incidence rate. As the overall incidence rate for active phone exchanges in the Town decreases, the number of attempts that must be made to attain the desired sample size of Town of Tiburon residents consequently increases. Such a reduction in the incidence rate increases the costs associated with the sample and telephone interviewing as well as the total time required to complete the desired number of interviews. For the majority of Godbe Research's town, city, and county clients, the incidence rate tends to be between 50 and 70 percent. Using a reliable data base from which ROO samples are drawn, GodbeResearch has determined that the active phone exchanges for the Towns of Tiburon and Belvedere collectively have an incidence rate of approximately 65 percent. This means that 65 in every 100 calls will reach a resident of Tiburon and 35 will reach a resident of a surrounding community. Thus, the ROD sampling method is the most appropriate as well as the most cost effective sampling design for this project. Survey Instrument To capture a detailed 'picture' of Tiburon residents' opinions on the various issues and needs related to satisfaction and quality of life, as well as the downtown issues, Godbe Research estimates that it will take approximately 12 to 18 minutes to administer each interview. Godbe Research will work with the Town to develop and refine a survey which corresponds to the project's research objectives and the survey will also be designed to be tracked over time. Town or Tibmon ... Pubiic Opinion Research 5 For the interviews with the Belvedere residents, we envision a much shorter survey consisting of some questions related to demographic information and use/potential use of Tiburon's downtown. This portion of the survey should take approximately 5 to 8 minutes. We envision one survey instrument for both Tiburon and Belvedere residents with skip patterns for Belvedere residents. . Survey Pretest After a draft of the survey has been finalized, the document will be pretested at the data collection facility. Even after over 14 years in business and without a single survey having to be pulled out of the field, Godbe Research still pretests all of our interviewing projects. This is to ensure the document can be read to respondents in the time budgeted; the words, phrases and subject matter are easily understood by the respondents; the answer categories match what the respondents want to say and the document achieves the research objectives identified at the onset of the project. . CATI Programming -Once the pretest results have been integrated into the final instrument, it will be sent to the data collection facility to be programmed into a computer-assisted telephone interviewing system (CA TI). While CA TI programming takes approximately two days to complete before the data collection can begin, its benefits far outweigh the costs associated with its implementation in the data collection process. These benefits include: automatically routing the interviewer through the interview to ensure skip- patterns are properly navigated, allowing the entry of only legal codes in any particular field which prevents many data entry errors, and assisting supervisorial tasks by ensuring that the appropriate number of call-backs are made at the specified times. CA TI programming is another one of our quality assurance and control procedures. . Data Collection Once the CA TI programming has been completed, data collection will take approximately three to three days to complete. Godbe Research currently uses several different phone banks depending on the type and timing of the survey. Quality control measures during data collection include CA TI programming the survey instrument to ensure proper navigation of skip patterns and response options, training the interviewers on the instrument (minimum 1 hour session), active supervisor monitoring of interviews, random review of completed surveys to identify and correct errors, random supervisor call-backs to confirm responses, and daily review of sample characteristics to ensure that they match the population. During the data collection period, Godbe Research can provide the Town with weekly or even daily reports of the call disposition and progress during the data collection phase of the project. Data Cleaning and Processing The Godbe Research team will personally clean and process the data for the project, thereby ensuring a level of detail and quality control not possible through subcontracting data cleaning and processing services. Once the interviewing is completed, each response is coded and detailed cross-tabulations are produced. The cross-tabulations generally include age, gender, ethnic group, income, home ownership, parental status, number of children and area of residence, as well as other banner points based on attitudinal data. . 6 . Once the data is collected, the sample characteristics are compared to those of the population to ensure that the data are representative. If disparities exist (which may arise simply by statistical chance or through known limitations of a sampling design), Godbe Research's staff are experts in 'weighting' the data to adjust for these disparities and ensure that the results are representative of the entire population of interest. Analysis of Data and Reporting Analysis of the data and documentation of the findings are the last components of any research project. Because a concise summary of the data and actionable recommendations are critical to a client's objectives, Godbe Research takes great care analyzing the data and preparing a comprehensive written report. Godbe Research's reports are the most thorough and insightful in the industry. They are written in clear simple English, and are designed to be read by those with little of no experience with statistics. The report includes information about the methodology used to complete the project, an executive summary of important findings, conclusions and recommendations, a question-by-question summary of the data, and a complete set of crosstabulations. Godbe Research can also provide the Town with survey results, the final report, and all other data in an electronic format. The following figures and tables illustrate just a few of the graphic illustrations that the Town of Tiburon can expect to find in Godbe Research's final report. Figure 1. Example: Overall Satisfaction . Very dissatisfied 2.7% DKlNA Somewhat dissatisfied 4.6% 4.1% Very satisfied 49.0% Somewhat satisfied 39.6% . of "Tiburon --- Pub!!c Opinion Research 7 Table 1. Example: Satisfactionllmportance Matrix High Imp Low Sat Low Imp Low Sat 1.2D 2.00 '" u <: '" ~ &. LSD ~ .E .' Q10g Informlng'the community 1.tlO~ 1,410 -i ."Q10b'R2uit8Iiziilgdo?Nrrtown 'r.... 0.00 .. .....................................r... 'DO ~ Satisfaction ..20 Table 2. Example: Satisfaction/Importance Matrix High Imp Low Sat 2.40 Low Imp 0.00 Low Sat A ; Q8g'Mailltlinlng 1Ii'low cr'ime r~e. 2.20 +Q8jRcducing traffic congestio Q88 . Repairingl maintaining'. local'stteets-and roads '" u <: '" ~ o Q. .E 2.00 Q8h:Prouiding . nelghbo~hood police-patrols Q8c:Prouldlng tresh.and recycling.er.~i.ces . Q~i Man8gin~,:,~,r:~~h 8nddeueloprnerlt::~ . .,.~~b'~r~ui(j~ggretr~i',' :. '<:' -',. , ,;,~~m,~~:~I:~:erVices' ()8e~8i~~~ning p8rk~ "8ndrecreationfacilitiea -'Q8d'Prov'iding recfe8tioll llrograms .'Q8f:E~.orci~g"8nimal control:laws LeD 'D D.!iD 1.00 1.50 ~ Satisfaction . High Imp High Sat 1.40 Low Imp ~ High Sat . High Imp High Sat B c Low Imp ~ High Sat . . . . Project Presentations Godbe Research will also prepare an oral presentation aided by PowerPoint slides for Town staff, the Tiburon Town Council, or other stakeholders. We will also remain available to answer any questions about the research findings in the future. Unlike many of our competitors, we take pride in not practicing 'hit and run' research projects for our clients. That is, we will be here for your questions and concerns about the findings of your research whether it's next month or next year. Moreover, this service is provided without additional consulting fees. Sample Size Given that there are an estimated 6,135 total voters in Town of Tiburon, a sample of 400 (n=400) will allow for meaningful analysis at the overall Town level. Again, a sample size of 400 voters will allow for a margin of error of no greater than 5% at the 95% confidence level. Sampling Method Because this current study is interested in assessing the feasibility of passing a bond (or other voter mandated revenue measure), Godbe Research recommends sampling voters who are likely to vote in the election or elections of interest, rather than all residents. In order to accurately understand the opinions of that portion of the electorate that is expected to participate in an election, one must consider each individual's voting history and assess their likelihood of participating in the election of interest. This will maximize the reliability of the research. Once Godbe Research has identified voterswho are likely to participate in the election or elections of interest, the sample is drawn by stratifying the universe of residents by characteristics known to be related to voting behavior, such as age, partisanship, gender, household party type, and geography. Voters are then randomly selected into clusters based on their demographic profile. This method ensures that the resulting sample will accurately represent the. universe of voters specified in the sampling frame. Survey Instrument To capture a detailed 'picture' of residents' opinions on the various issues and needs regarding the potential bond or other revenue measure, Godbe Research estimates that it will take approximately 12 to 15 minutes to administer each interview. Special care will be taken to ensure the methodological structure of the survey is comparable to any prior studies that may have been conducted for the Town of Tiburon. Survey Pretest and CATI Programming Like the resident survey, the voter survey will be pretested at the data collection facility on contract for the project. This is to ensure the document can be read to respondents in the time budgeted; the words, phrases and subject matter are easily understood by the respondents; the answer categories match what the respondents want to say and the document achieves the research objectives identified at the onset of the project. Once the pretest results have been integrated into the final instrument, it will be sent to the data collection facility to be CA TI programmed. "1o\.vn "rlburon -, Public Opinion Research 9 Data Collection Once the CA TI programming has been completed, data collection will take approximately four to six days to complete. Godbe Research will maintain the same quality control measures outlined in the survey of residents. . Data Cleaning and Processing The Godbe Research team will personally clean and process the data for the project, thereby ensuring a level of detail and quality control not possible through subcontracting data cleaning and processing services. Once the data is collected, the sample characteristics are compared to those of the population to ensure that the data are representative. If disparities exist (which may arise simply by statistical chance or through known limitations of a sampling design), Godbe Research's staff are experts in 'weighting' the data to adjust for these disparities and ensure that the results are representative of the entire population of interest. Analysis of Data and Reporting Godbe Research takes great care analyzing the data and preparing a written final report, as well as offering a shorter, more abbreviated report for our revenue measure/voter studies. This report will be approximately 25 pages, and will contain abbreviated results, as well as the value added modules listed below. A short report will contain all the data and recommendations needed to move forward with a revenue measure. The Town can expect a number of value-added modules in our voter survey report, including: . Ballot Question Wording: Godbe Research will recommend a version of the ballot question that reflects the benefit ranking results from the survey. . · Tax Threshold Report: In many cases, a voter's decision to vote for or against a measure depends on how much a measure will cost. Godbe Research's tax threshold report looks at how various tax levels and overall bond amounts will affect the Town's chance of passing a measure in order to maximize the revenue amount to meet the Town's needs. . Geographic Targeting Report: The geographic targeting report is used to demonstrate how survey findings can be integrated into a field-based communications effort. . Election Timing Report: The election timing report section will describe the factors associated with the election the Town of Tiburon is considering, integrate these factors with survey findings, and determine if there are any potential problems with that date. . Household Targeting Report: Godbe Research is a state leader in targeting voters through an analysis of various household demographic groupings. Household targeting acknowledges the fact that most local elections rely heavily on direct mail to communicate to voters. When a mail piece reaches a household, a campaign cannot control who will view the piece. In some cases, the addressee will view the piece, other times only the first person to pick up the mail will see the piece and many times an entire household will view the piece. Because of this, our household targeting report interprets survey results and demonstrates how they can be used to communicate with targetable household . Opinion Research 1" " .' . . groups. Godbe Research's household targeting report frequently looks at household targeting in terms of household party type. household gender makeup, household absentee history, and household age characteristics. Presentation Similar to the resident study, Godbe Research will develop a thorough PowerPoint presentation of the survey findings and present the findings to the Town of Tiburon. In addition, we will also remain available to answer any questions or provide more information after the project is completed and throughout any resulting campaign to support the measure. Pre-Eh:~ctoraland Campaign Consultant Recommendations After the project has been completed, and if the Town is advised to move forward with a revenue measure, Godbe Research can offer our recommendations on qualified campaign consultants to work with the Town and the campaign committee. Godbe Research has worked with a variety of consultants on revenue measures over the past 15 years, and we have good insight into what consultant might work best with an , agency given that consultant's experience, fees, and approach. Should the Town already have a consultant or a consultant in mind, we are happy to work with the consultant already selected. 'Town 'Tiburon -~ Publlc Opinion Research 11 E . Because of our experience in conducting public opinion research for a wide variety of clients including cities, counties, school districts, transportation agencies, and other public agencies, Godbe Research can generally conduct each survey event (resident surveyor voter survey) in about six to eight weeks. In some situations, preliminary data can be available much sooner as deadlines require, and some tasks listed below can be completed concurrently. Project Task Project Kick-Off Meeting with Town Questionnaire Drafting Town Review of Questionnaire Questionnaire Changes Survey Pretest Finalize Questionnaire CA TI Programming Data Collection I Interviewing Data Cleaning and Processing Delivery of Topline Data to the Town Data Analysis and Repot Writing Presentation Time Required 1 Day 3 to 5 Days 5 to 7 Days 1 to 2 Days 1 Day 1 Day 2 Days 4 to 6 Days 2 to 3 Days 1 Day 7 to 10 Days Anytime After Final Report Submittal and Acceptance . . 12 . . . TEAM Reliable survey results depend on having a team that understands the complexities and nuances of survey research design, including sampling theory, questionnaire design, and data analysis. Indeed, although it is easy to conduct a survey, it is very difficult to design and conduct a survey where the resulting data are reliable measures of the opinions and behaviors one intends to measure, and the data can be accurately projected to the larger population of interest. It is also important to select a research firm that has experience in the community to be surveyed, or experience in conducting research with applicable communities. The team at Godbe Research is comprised of recognized experts in survey research design and implementation, and for this project we will assign our most experienced team members with the ability to add more should the need arise. For example, the Co-Project Managers for this project, Bryan Godbe (President) and R. Sean Bridge (Associate Research Director) have designed and conducted over 150 survey research projects in the past three years alone, including projects for the Cities of Novato and San Rafael, as well as the College of Marin, Measure A, Novato Unified School District, San Rafael City Schools, and the County Administrator's Office (Countywide satisfaction survey). Mr. Bridge will execute all stages of the project, including sampling design and questionnaire development, project management, analysis, reporting, and presentations, and will be the day to day contact for Town of Tiburon administration and staff. Bryan Godbe will provide strategic direction for the project and work with Mr. Bridge in all other facets of the project. Cathy Blair and Bryan Murray (Research Analysts) will assist in managing the data collection sub-contractor and performing data processing duties. Bryan Godbe, M.A. President Co-founder of Godbe Research, Mr. Godbe has over 19 years of experience in public opinion research, public relations and government affairs. .In this capacity, he has conducted public opinion and market research projects at the national, state, and local levels including projects for the Cities of Portland (Oregon), Tacoma (Washington), Henderson (Nevada), San Francisco, San Diego, Los Angeles, Sacramento, and San Jose (California). Mr. Godbe received a Silver Anvil Award from the Public Relations Society of America for the development and implementation of an outstanding government affairs program on behalf of the Contra Costa Water District. This program was based on Mr. Godbe's extensive research including baseline research, focus groups and three tracking polls. Prior to founding the firm, Mr. Godbe was Vice President of Research at a California based public relations firm. Mr. Godbe also serves as the Senior Research Consultant at the Center for the Study of Los Angeles, at Loyola-Marymount University. He has a Master's Degree from the University of Michigan where he studied survey research methodology at the Institute for Social Research; and a BA degree from the University of California, Berkeley. Tovm of Tiburon - F'uLl!c Opinion Research 1") ", R. Sean Bridge, MBA Associate Research Director Mr. Bridge has more than 10 years experience in the design and execution of survey research projects. As an Associate Research Director for Godbe Research, Mr. Bridge acts as a project lead in every project and is instrumental in the questionnaire development and report preparation phases. While overseeing the field management and data processing functions, he ensures a high-level of data integrity. His wide variety of expertise in quantitative research and analysis techniques combined with a broad array of industry-specific experience, come from his experience at Godbe as well as past experience with other full-service research companies. . Prior to joining Godbe Research, Mr. Bridge held senior project management positions at Frost & Sullivan, Socratic Technologies, and at TNS Prognostics. He managed marketing-related research projects including customer and employee satisfaction, customer segmentation, conjoint, and new product concept testing. He received his B.A. in economics from the University of California at Davis and his M.B.A. from the Leavey School of Business at Santa Clara University. Cathy Blair, M.S., MBA and Bryan W. Murray, M.A. Research Analysts As Research Analysts for Godbe Research, Ms. Blair and Mr. Murray are responsible for ensuring high quality data collection and data processing for the firm's research projects, and support questionnaire design, data analysis, report writing, and project presentations. Their comprehensive experience in research methodology, data analysis, and advanced statistical techniques make them valuable assets to the Godbe Research team. Prior to joining Godbe Research, Ms. Blair worked at a market research firm in San Francisco. Previous to that, shewas Project Director at a branding agency. Ms. Blair earned B.A.'s in Psychology and Music from Illinois Wesleyan University, and earned an M.S. in Psychology and an MBA in Marketing from Kansas State University. A paper she co-authored while at Kansas State, "Consumer Motivations for Spreading Negative Word-of-Mouth," was presented at the 2002 European Applied E3usiness Research Conference in Italy. In her spare time, she enjoys playing in Peninsula Symphony Orchestra and various Bay Area quartets. . Prior to joining Godbe Research, Mr. Murray was pursuing his doctorate in economics from the University of California, Davis. His fields of specialization were in Econometrics, and Monetary and International Economics. His dissertation work included developing new models that were used to investigate any effect that monetary policy has on the risk premium associated with exchange rates. Mr. Murray received his B.A. in Economics from Colorado State University and earned an MA in Economics from the University of California, Davis. . C;ni!l!on Pesearch 14 . . . GODBE RESEARCH REFERENCES On the following page are a few examples of applicable projects and firm references for the Town to contact. If you would like Godbe Research to facilitate contacting any of our references, please let us know. We understand that Town administration and staff are extremely busy (like our references) and will we aid in the process any way we can. City of Novato Project: Contact: Phone: City of San Rafael Projects: Contact: Telephone: Resident Opinion and Satisfaction Surveys Community Needs Assessment Survey Voter surveys Larry Dito, Director of Parks and Recreation 415-899-1447 Resident Satisfaction Survey Potential Revenue Measure Voter Survey Rod Gould, City Manager 415-485-3075 Marin County Congestion Management Agency (Measure A) Projects: Countywide Voter Survey for Transportation Improvements Cynthia Murray, County of Marin Council Member 415-499-7339 Craig Tackabery, Executive Director 415-499-6582 Contact: Phone: Contact: Phone: City of Cupertino Projects: Contact: Phone: City of Redwood City Projects: Contact: Phone: San Rafael Schools Contact: Projects: Phone: Town of Tiburon - Public Opinion Research Resident Satisfaction Surveys 2000/2002/2004 2003 Parks and Recreation Planning Surveys Ballot Measure Survey Regarding Open Space Rick Kitson, Public Information Officer 650-252-4505 Resident Opinion and Satisfaction Surveys 2001/2003 Park and Recreation Ballot Measure Focus Groups LibraryBallot Measure Focus Groups Magda Gonzalez, Asst. to the 'City Manager 650-780-7302 Laura Alvarenga, Superintendent Bond Measure Feasibility Studies Parcel Tax Feasibility Studies Potential Succession Research Study 415-897-4201 15 Marin County Free Library Projects: Contact: Phone: Parcel Tax Measure Feasibility Study Sales Tax Measure Feasibility Study Carol Starr, County Librarian 415-499-6053 . Novato Unified School District Projects: Parcel Tax Feasibility Studies Bond Measure Feasibility Studies Contact: Jan La Torre-Derby, Superintendent Phone: 415-897-4211 . . . . . PRO!POSED PROJECT COST OPTIONS Godbe Research takes great pride in delivering reliable and practical research projects 'on time and on budget'. In doing so, we prefer to provide a firm, fixed fee format for our cost proposals. This is because we do not believe in assigning arbitrary hours and rarely do projects (even highly similar in nature) take the same amount of time or resources. For example, if we needed to add an additional team member for this project this would be covered under the Godbe Research fixed fee format without any cost increase to the Town. Below are cost options to conduct two separate survey events. Survey event one consists of a 12 to 18-minute survey of 400 (n=400) Town of Tiburon and 50 (n=50) Town of Belvedere residents on satisfaction (Tiburon residents only) and downtown (Tiburon and Belvedere residents) issues. Survey event two consists of a 12 to 15- minute survey of (n=400) Tiburon voters, regarding the feasibility of passing a bond or other revenue related measure. The prices below for each option reflect a firm, fixed-fee to complete the entire project- -the overall cost will not exceed those shown below, provided that parameters (survey length, sample size, incidence rate, sampling design, etc.) of the project conform to those outlined in this proposal. Survey Event One: Survey of 400 (n=400) Tiburon Residents Proiect Task Random Sample CA TI Programming Pretest Telephone Interviewing Data Processing Research Fee Project Management Miscellaneous Expenses TOTAL 12-min. $650.00 $520.00 $200.00 $5,800.00 $730.00 $6,500.00 $1,000.00 $150.00 $15,550.00 15-min. $650.00 $625.00 $200.00 $7,000.00 $850.00 $6,500.00 $1,000.00 $150.00 $16,975.00 5-min. $100.00 $425.00 $500.00 $1,025.00 Survey Event One: Survey of 50 (n=50) Belvedere Residents Proiect Task Random Sample Telephone Interviewing Research Fee TOTAL 8-min. $100.00 $525.00 $500.00 $1,125.00 12-min. $800.00 $520.00 $5,400.00 $700.00 $6,000.00 $1,000.00 $150.00 $14,570.00 Survey Event Two: Survey of 400 (n=400) Tiburon Voters Proiect Task Random Sample CA TI Programming Telephone Interviewing Data Processing Research Fee Project Management Miscellaneous Expenses TOTAL 15-min. $800.00 $625.00 $6,600.00 $820.00 $6,000.00 $1,000.00 $150.00 $15,995.00 "Tcvm of Tiburon .. Public Opinion Research 18-min. $650.00 $730.00 $200.00 $8,200.00 $970.00 $6,500.00 $1,000.00 $150.00 $18,400.00 17 G . GODBE RESEARCH CiO Stone Pine Road Half Moon Bay, CP\ 94019-1739 Phone. 650.712.3137 Fax. 650.7'12.3131 445 Soutt1 Figueroa Street, Suite 2600 Los Angeles, CA 90071-1631 Phone. 213.624.8863 Fax. 213,624,8864 . 785 Grand Avenue, Suite 200 Carlsbad, CA 92008-2365 Phone, 760,730,2941 Fax. 760,7204706 . 18 . . . +' Town of Tiburon STAFF REPORT AGENDA ITEM 1- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . II. . . . . . . . . . TO: MAYOR & MEMBERS OF THE TOWN COUNCIL KEVIN BRYANT, ADVANCE PLANNER t AMENDMENT OF STANDARDS FOR SECONDARY DWELLING UNITS FROM: SUBJECT: MEETING DATE: May 4, 2005 REVIEWED BY: ADM . . . . . . . . . . . . . . . . . . . . ........................... BACKGROUND Following passage of a 2002 state law which prohibits discretionary review or a public hearing for applications for secondary dwelling units, the Town Council amended the Zoning Ordinance to eliminate the need for any discretionary permit for secondary dwelling units. TheOrdinance (No. 475 N.S.) establishes that in order to grant a Secondary Dwelling Unit Permit, an application must demonstrate that the secondary unitwould comply with the current Standards for Secondary Dwelling Units. The Ordinance also states that the Standards for Secondary Dwelling Units shall be established by Resolution of the Town Council, and may be amended from time to time. The current Standards for Secondary. Dwelling Units were adopted on July 16, 2003. At the time the current Standards for Secondary Dwelling Units were adopted by the Town Council, Staff indicated that the standards took a very conservative and cautious approach and was hopeful that some of the more rigorous standards could be relaxed once a comfort level is reached that potentially undesirable outcomes will be avoided. Since adoption of the new Ordinance and Standards, the Town has approved only one Secondary Dwelling Unit. ANALYSIS Plannina Commission Review The Planning Commission adopted Resolution No. 2005-05 on April 27, 2005, recommending adoption of amended "Standards for Secondary Dwelling Units" to the Town Council (Exhibit A). Recommended Chanaes to Standards for Secondary Dwellina Units Currently, the Standards for Secondary Dwelling Units make a distinction between applications which consist of any new construction and applications which do not require any new construction. Several Standards are designed to limit the impact of new construction, regardless of whether or not the application for a Secondary Dwelling Unit requires any other Zoning Permit. Town of Tiburon STAFF REPORT . . . . .1 . . . . . . . .. . . .1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Planning Commission believes a better distinction would be between applications for Secondary Dwelling Units which are part of a project which requires other Zoning Permits and those that are not. This is because applications which require additional Zoning Permits will.be reviewed for issues relating to view blockage, privacy, compatibility, and appropriate site placement. Below is review of the existing Standards that the Planning Commission recommends for revision. Standard 5: Unit Size. Under this standard, any Secondary Unit which requires any new construction is limited to 400 square feet in size. This is true even if the Secondary Dwelling Unit is proposed as part of larger project which requires additional Zoning Permits, such as Site Plan and Architectural Review. The Planning Commissio~n believes that an applicant who is making an application for a Secondary Unit as part of a larger projectthat would be subject to discretionary review should be allowed to apply for a Secondary Unit larger than 400 square feet because the unit can be evaluated for potential negative impacts. In addition, the Planning Commission believes that 500 square feet, which is the cutoff . point between Staff-level and Design Review Board-level Site Plan and Architectural Review applications, would be a more appropriate size limit for newly constructed Secondary Dwelling Units that are not part of a larger project. Standard 9: Location within Existino Home. Standard 9 limits a proposed Secondary Dwelling Unit located within an existing Primary Unit to only that portion of the existing Primary Unit which conforms to the height and bulk (zoning) regulations of the Zoning District where it is located. This creates a situation where portions of a main house which are legal but nonconforming with respect to the Zoning Ordinance could not be used as a Secondary Unit, while the same portions could be used as part of the Primary Unit. The Planning Commission believes that because an area could be used for living area as part of the Primary Unit, it should also be able to be used as living area as part of a Secondary Unit. Standard 11: Slope. The current Standards do not allow newly constructed Secondary Dwelling Units to be located on land in excess of 30 percent slope. The Planning Commission believes that the size and height limits of new Secondary Dwelling Units proposed without the need for other Zoning Permits eliminate the need for this standard. Standard 12: Gradino. This Standard limits grading for a Secondary Dwelling Unit that constitutes new construction to 30 cubic yards of grading or earth movement. After preliminarily reviewing some plans and conferring with the Building Official, Staff has . determined that 30 cubic yards is too limiting. The Planning Commission agrees with May 4, 2005 page 2 of 4 .' . . . Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the conclusion of Staff, but believes that some limitation should still be in place, and recommends that the grading/earth movement maximum be revised to 100 cubic yards. Recommended Changes to the Standards for Secondary Dwelling Units To implement the changes described above, the Planning Commission would recommend replacing Standards 5 through 12 with the following: 5. The proposed Secondary Dwelling Unit, if any portion thereof constitutes New Construction and is not proposed as part of a project for which any other Zoning Permit is required, would: a. Not exceed a maximum Floor Area of 500 square feet. b. Conform to the minimum required yard regulations for the Zone or Planned Development in which it is located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. In addition, the Primary Unit and proposed Secondary Dwelling Unit together would conform to the lot coverage and floor area ratio limitations for the Zone or Planned Development in which they are located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. No variances or floor area exceptions are permitted. c. Be single story and would not exceed fifteen (15) feetin Height, as defined in Section 16-5.6.7 of the Municipal Code. d. Not require more than 100 cubic yards of grading (earth movement). 6. The proposed Secondary. Dwelling Unit, if located in an existing Primary Unit or lawfully existing detached Accessory Building or Structure, or if proposed as a part of a project for which at least one other Zoning Permit is required, would not exceed one-third (1/3) of the maximum Floor Area Ratio Guideline for the property (as prescribed in Section 16-4.2.8 of the Municipal Code), or 1,000 square feet of Floor Area, whichever is less. 7. The proposed Secondary Dwelling Unit, if converted from a lawfully existing detached Accessory Building or Structure and not proposed as part ofa project for which any other Zoning Permitis required, would meet all minimum required yard regulations for a Dwelling Unit, notwithstanding provisions of Section 16-5.6.4(a) of the Tiburon Municipal Code applying to detached accessory buildings. May 4, 2005 page 3 of 4 Town of Tiburon STAFF REPORT . . . I . . . . . . . . . . . . . . . . . . . . . 01 . . . . . . . . . . . . . . . . . . . . . . . . . I' RECOMMENDATION Take any public testimony on the proposed revisions to the "Standards for Secondary Dwelling Units" and make any desired revisions. Adopt the Resolution (Exhibit B) approving the revised Standards for Secondary Dwelling Unit document. EXHIBITS A. Planning Commission Resolution 2005-05 recommending adoption of amended "Standarqs for Secondary Dwelling Units". B. Draft Town Council Resolution adopting the amended "Standards for Secondary Dwelling Units". S:\Administration\Town Council\Staff Reports\2005\2nd Unit Standards.doc . . May 4,2005 page 4 of 4 . . . EXBIB~ A RESOLUTION OF TIlE PLANNING COMMISSION OF TIlE TOWN OF TIBURON lV RECOMMENDING TO THE TOWN COUNCIL ADOPTION OF AMENDED "STANDARDS FOR SECONDARY DWELLING UNITS" RESOLUTION NO. 2005-05 WHEREAS, the Town of Tiburon adopted Ordinance No. 475 N.S. on June 18,2003, which established the process for obtaining a Secondary Dwelling Unit Permit; and WHEREAS, pursuant to Ordinance No. 475 N.S., Section 16-4.5.6 of the Municipal Code requires that for the Director of Community Development or his designee to. grant a Secondary Dwelling Unit Permit, he/she must find that Secondary Dwelling Units would comply with the currently adopted "Standards for Secondary Dwelling Units"; and WHEREAS, Section 16-4.5.7 of the Municipal Code states that the "Standards for Secondary Dwelling Units" shall be established by Resolution of the Town Council and may be amended from time to time by Resolution of the Town Council; and WHEREAS, the currently adopted "Standards for Secondary Dwelling Units" were adopted by the Town Council on July 16,2003; and WHEREAS, since July 16,2003, the Town of Tiburon has been approached by potential applicants for Secondary Dwelling Unit Permits which would have been an appropriate use of property compatible with the surrounding neighborhood, but did not comply with all of the "Standards for Secondary Dwelling Units". NOW, THEREFORE BE IT RESOLVED that the Planning Commission hereby recommends that the Town Council adopt the "Standards for Secondary Dwelling Units" as set. forth in the attached Exhibit "A". PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town of Tiburon on April 27, 2005, by the following vote: AYES: COMMISSIONERS: Collins, Fraser, Hermann, Kunz~eiler & Snow NOES: COMMISSIONERS: None RICHARD COLLINS, CHAIRMAN TIBURON PLANNING COMMISSION ATTEST: SCOTT ANDERSON, SECRETARY TIBURON PLANNING COMMISSION RESOLUTION NO. 2005-05 APRIL 27, 2005 1 EXHIBIT A STANDARDS FOR SECONDARY DWELLING UNITS . 1. The proposed Secondary Dwelling Unit would be located in one of the following residential Zones: R-1, R-1-B, RD, or RPD. 2. The proposed Secondary Dwelling Unit would be the only Secondary Dwelling Unit on the Lot. 3. The proposed Secondary Dwelling Unit would be located on a Lot with a Lot Area of not less than 10,000 square feet. 4. The proposed Secondary Dwelling Unit would be located on the same Lot on which the Owner of Record maintains his or her Principal Place of Residence. 5. The proposed Secondary Dwelling Unit, if any portion thereof constitutes New Construction and is not proposed as part of a project for which any other Zoning Permit is required, would: a. Not exceed a maximum Floor Area of 500 square feet. b. Conform to the minimum required yard regulations for the Zone or Planned Development in which it is located, as set forth in Article . 2 of Chapter 16 of the Tiburon Municipal Code. In addition, the Primary Unit and proposed Secondary Dwelling Unit together would conform to the lot coverage and floor area ratio limitations for the Zone or Planned Development in which they are located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. No variances or floor area exceptions are permitted. c. Be single story and would not exceed fifteen (15) feet in Height, as defined in Section 16-5.6.7 of the Municipal Code. d. Not require more than 100 cubic yards of grading (earth movement). 6. The proposed Secondary Dwelling Unit, if located in an existing Primary Unit, or if proposed as a part of a project for which at least one other Zoning Permit is required, would not exceed one-third (1/3) of the maximum Floor Area Ratio Guideline for the property (as prescribed in Section 16-4.2.8 of the Municipal Code), or 1,000 square feet of Floor Area, whichever is less. . Exhibit A - Planning Commission Resolution 2005-05 Standards for Secondary Dwelling Units . . . 7. The proposed Secondary Dwelling Unit, if converted from a lawfully existing detached Accessory Building or Structure and not proposed as part of a project for which any other Zoning Permit is required, would meet all minimum required yard regulations for a Dwelling Unit, notwithstanding provisions of Section 16-5.6.4(a) of the Tiburon Municipal Code applying to detached accessory buildings. 8. The proposed Secondary Dwelling Unit would provide one (1) off-street Parking Space for each bedroom within the Secondary Dwelling Unit, but in no case less than one (1) Parking Space. The Parking Spaces would comply with all Town standards and regulations regarding Parking Spaces. Tandem parking is not permitted. 9. The required Parking Spaces for the proposed Secondary Dwelling Unit would be served by the same driveway access to the street as the Primary Unit. 10. Landscaping, including trees and shrubs, would be installed as part of the project to minimize the visual impacts of the project, including the screening of parking areas; to provide shade; and to provide a visual buffer between the Secondary Dwelling Unit and its surroundings. Proposed trees would comply with proviSions of Chapter 15A of the Tiburon Municipal Code. 11. The exterior appearance of the proposed Secondary Dwelling Unit would closely resemble the architectural style, building materials, and building colors of the Primary Unit. 12. The design of the proposed Secondary Dwelling Unit shall include privacy-enhancing techniques to be applied to allwindows, doors and other openings that face and are within 20 feet of adjacent property lines, in order to reduce adverse privacy impacts. Such techniques include, but are not limited to, use of frosted windows, window placement at least six (6) feet above floor level, extended roof overhangs, and other permanent structural treatments. 13. The Secondary Dwelling Unit would be in conformance with the current building codes adopted by the Town. Unless the project constitutes New Construction, a building inspection shall be performed by the Town's Building Division, and a memo establishing the feasibility of the project to meet current building codes shall be provided to the Director of Community Development, prior to approval of a Secondary Dwelling Unit permit. Exhibit A - Planning Commission Resolution 2005-05 Standards for Secondary Dwelling Units 2 14. Adequate sanitary service capacity for the additional increment of effluent resulting from the Secondary Dwelling Unit would be available. If the . Lot is connected to the public sewer system, the Applicant has submitted . a letter from the appropriate Sanitary District to that effect. If the Lot is not connected to the public sewer system, the Applicant has submitted a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the Lot has adequate capacity to accommodate the proposed Secondary Dwelling Unit. 15. The Secondary Dwelling Unit would comply with all Fire District regulations. 16. The Secondary Dwelling Unit would comply with all Water District regulations. NO TE: Bold and italics indicates a term defined in Chapter 16 (Zoning) of the Tiburon Municipal Code. Exhibit A - Planning Commission Resolution 2005-05 Standards for Secondary Dwelling Units . . 1 . . . RESOLUTION NO. -05 EXHIBIT @) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE "STANDARDS FOR SECONDARY DWELLING UNITS" WHEREAS, the Town of Tiburon adopted Ordinance No. 475 N.S. on June 18,2003, which established the process for obtaining a Secondary Dwelling Unit Permit; and .. WHEREAS, pursuant to Ordinance No. 475 N.S., Section 16-4.5.6 of the Municipal Code requires that for the Director of Community Development or his designee to grant a Secondary Dwelling Unit Permit, he/she must fmd that Secondary Dwelling Units would comply with the currently adopted "Standards for Secondary Dwelling Units"; and WHEREAS, Section 16-4.5.7 of the Municipal Code states that the "Standards for Secondary Dwelling Units" shall be established by Resolution of the Town Council and may be amended from time to time by Resolution ofthe Town Council; and WHEREAS, the currently adopted "Standards for Secondary Dwelling Units" were adopted by the Town Council on July 16,2003; and WHEREAS, since July 16,2003, the Town of Tiburon has been approached by potential applicants for Secondary Dwelling Unit Permits which would have been an appropriate use of property compatible with the surrounding neighborhood, but did not comply with all of the "Standards for Secondary Dwelling Units"; and WHEREAS, the Planning Commission adopted Resolution No. 2095-05 on April 27, 2005, recommending adoption of amended "Standards for Secondary Dwelling Units"; and WHEREAS, the Town Council considered the recommendations of the Planning Commission at a public meeting held on May 4,2005; and WHEREAS, the Town Council fmds that the proposed "Standards for Secondary Dwelling Units" are consistent with the goals, policies, and programs of the Tiburon General Plan; and WHEREAS, the project is statutorily exempt from the requirements ofCEQA pursuant to Section 21080.17 of the Public Resources Code.. NOW, THEREFORE BE IT RESOLVED that the Town Council hereby adopts the "Standards for Secondary Dwelling Units" as set forth in the attached Exhibit "A". PASSED AND ADOPTED ata regular meeting ofthe Town Council of the Town of Tiburon on May 4, 2005, by the following vote: AYES: NOES: ABSENT: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: DIANE CRANE IACOPI, TOWN CLERK MILES BERGER, MAYOR ", . . . 2 t . . . EXHIBIT A STANDARDS FOR SECONDARY DWELLING UNITS 1. The proposed Secondary Dwelling Unit would be located in one of the following residential Zones: R-1, R-1-B, RO, or RPD. 2. The proposed Secondary Dwelling Unit would be the only Secondary Dwelling Unit on the Lot. 3. The proposed Secondary Dwelling Unit would be located on a Lot with a Lot Area of not less than 10,000 square feet. 4. The proposed Secondary Dwelling Unit would be located on the same Lot on whic~ the Owner of Record maintains his or her Principal Place of Residence. 5. The proposed Secondary Dwelling Unit, if any portion thereof constitutes New Construction and is not proposed as part of a project for which any other Zoning Permit is required, would: a. Not exceed a maximum Floor Area of 500 square feet. b. Conform to the minimum required yard regulations for the Zone or Planned Development in which it is located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. In addition, the Primary Unit and proposed Secondary Dwelling Unit together would conform to the lot coverage and floor area ratio limitations for the Zone or Planned Development in which they are located, as set forth in Article 2 of Chapter 16 of the Tiburon Municipal Code. No variances or floor area exceptions are permitted. c. Be single story and would not exceed fifteen (15) feet in Height, as defined in Section 16-5.6.7 of the Municipal Code. d. Not require more than 100 cubic yards of grading (earth movement). 6. The proposed Secondary Dwelling Unit, if located in an existing Primary Unit, or if proposed as a part of a project for which at least one other Zoning Permit is required, would not exceed one-third (1/3) of the maximum Floor Area Ratio Guideline for the property (as prescribed in Section 16-4.2.8 of the Municipal Code), or 1,000 square feet of Floor Area, whichever is less. Exhibit A - Standards for Secondary Dwelling Units , 7. The proposed Secondary Dwelling Unit, if converted from a lawfully existing detached Accessory Building or Structure and not proposed as part of a project for which any other Zoning Permit is required, would meet all minimum required yard regulations for a Dwelling Unit, notwithstanding provisions of Section 16-5.6.4(a) of the Tiburon Municipal Code applying to detached accessory buildings. . 8. The proposed Secondary Dwelling Unit would provide one (1) off-street Parking Space for each bedroom within the Secondary Dwelling Unit, but in no case less than one (1) Parking Space. The Parking Spaces would comply with all Town standards and regulations regarding Parking Spaces. Tandem parking is not permitted. 9. The required Parking Spaces for the proposed Secondary Dwelling Unit would be served by the same driveway access to the street as the Primary Unit. 10. Landscaping, including trees and shrubs, would be installed as part of the project to minimize the visual impacts of the project, including the screening of parking areas; to provide shade; and to provide a visual buffer between the Secondary Dwelling Unit and its surroundings. Proposed trees would comply with provisions of Chapter 15A of the Tiburon Municipal Code. 11. The exterior appearance of the proposed Secondary Dwelling Unit would closely resemble the architectural style, building materials, and building colors of the Primary Unit. . 12. The design of the proposed Secondary Dwelling Unit shall include privacy-enhancing techniques to be applied to all windows, doors and other openings that face and are within 20 feet of adjacent property lines, in order to reduce adverse privacy impacts. Such techniques include, but are not limited to, use of frosted windows, window placement at least six (6) feet above floor level, extended roof overhangs, and other permanent structural treatments. 13. The Secondary Dwelling Unit would be in conformance with the current building codes adopted by the Town. Unless the project constitutes New Construction, a building inspection shall be performed by the Town's Building Division, and a memo establishing the feasibility of the project to meet current building codes shall be provided to the Director of Community Development, prior to approval of a Secondary Dwelling Unit permit. . Exhibit A - Standards for Secondary Dwelling Units 2 . . . 14. Adequate sanitary service capacity for the additional increment of effluent resulting from the Secondary Dwelling Unit would be available. If the Lot is connected to the public sewer system, the Applicant has submitted a letter from the appropriate Sanitary District to that effect. If the Lot is not connected to the public sewer system, the Applicant has submitted a letter from the County of Marin Environmental Health Department confirming that the individual or alternative sewage disposal system serving the Lot has adequate capacity to accommodate the proposed Secondary Dwelling Unit. 15. The Secondary Dwelling Unit would comply with all Fire District regulations. 16. The Secondary Dwelling Unit would comply with all Water District regulations. NOTE: Bold and italics indicates a term defined in Chapter 16 (Zoning) of the Tiburon Municipal Code. Exhibit A - Standards for Secondary Dwelling Units '1