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Home My WebLink AboutTC Agd Pkt 1999-04-07 --if X/f7EI{ TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: April 7, 1999 7:30 P.M. NONE PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair, (2) State Name and Addr...; (3) State Views Succinctly; (4) Llrnll Presentations to 3 minutes; (5) Spesk Directly Into Microphone. TIBURON REDEVELOPMENT AGENCY A. ROLL CALL B. APPROVAL OF MINUTES - (#04-98 - September 16, 1998) C. BUSINESS MEETING - (Ned's Way Garden Homes, LLC - Proposal to Transfer 50% Interest to new Equity Partner, Taylor Woodrow Homes, Inc. - (Approve Amendment to Disposition & Development Agreement) D. ADJOURNMENT TIBURON TOWN COUNCIL A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) C. PUBLIC OUESTIONS AND COMMENTS Please confine your comments during this portion of the agenda to matters not already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the time it is called. Presentations are limited to three (3) minutes. Matters requiring action will be referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting agenda D. COUNCIL. COMMISSION & COMMITTEE REPORT 1) POLICE BUILDING STATUS REPORT - (Chair Jim Wilson) 2) JOINT DISASTER ADVISORY COUNCIL REPORT - (Dr. Tom Cromwell & Stephanie Sedlock) 3) TffiURON HIGHLANDS MASTER & PRECISE PLAN APPEAL STATUS REPORT - (Mayor Bach) 4) MCCMC LEGISLATIVE COMMITTEE - ERAF Update - (Councilmember Matthews) E. APPOINTMENTS TO BOARDS. COMMISSIONS. AND COMMITTEES 5) IT. RECREATION COMMITTEE - (One Vacancy) 6) PARKS & OPEN SPACE COMMISSION - (One Vacancy) F. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which genemlly do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member of the Town Council, Town Staff, or the Public may request removal of an item for discussion. 7) TOWN COUNCIL MINUTES #1159 - March 3, 1999; #1160 - March 17, 1999 - (Approve) 8) TOWN MONTHLY INVESTMENT SUMMARY - As of February 28, 1999 - (Accept) 9) TOWN ENGINEER - Approval of Contract between Town of Tiburon & LL. Schwartz Associates for Provision of Engineering Services - (Authorize Mayor to Execute Agreement) G. NFINISHED BUSINESS 10) "MILLENIUM ON MAIN" - (proclaiming December 31, 1999 New Year's Eve Celebration) - (Resolution) H. PUBLIC HEARING 11) DOWNTOWN MAIN STREET ASSESSMENT DISTRICT PROCEEDINGS - A) Appointment of District Engineer, Bond Counsel & Underwriter - (Resolution) B) Intent to Make Acquisitions and Improvements - (Resolution) C) Form of Petition for Property Owners 12) TWO-YEAR TOWN BUDGET - (FY 1999 & 2000) - (Approve FY98-99 Budget Revisions) I. NEW BUSINESS 13) REQUEST FOR WAIVER OF TOWN PERMIT FEES - A) TffiURON PENINSULA CLUB EXPANSION PLAN B) AUBUBON SOCIETY - REMODEL OF GREENWOOD BEACH FACILITY 14) ANNUAL GENERAL PLAN STATUS REPORT FOR CALENDAR YEAR 1998 - (Accept) 15) SPECIAL EVENT PERMIT - (Request for Use of Town Council Chambers by Marin Abused Women's Services & Rape Crisis Center for Rally on Monday, April 19, 1999) 16) TOWN DEPARTMENT STAFFINGIPERSONNEL- A) Planning Department - (Building Inspector) B) Department of Public Works - (Maintenance Worker I) 17) UPDATE OF TOWN MUNICIPAL CODE - (Authorize Execution of Contract) J. COMMUNICA nONS 18) BAY AREA HOUSING CRISIS - (press Release received from Association of Bay Area Governments Regarding Town Hall Meeting in Petaluma on May 13, 1999) K. STAFF & TOWN MANAGER REPORTS 19) STATUS OF TOWN WEB SITE - (Town Clerk & Councilmember Thompson) 20) MARTHAlEASTON PROPERTY DEVELOPMENT STATUS REPORT - (planning Director) L. ADJOURNMENT Fufllre Aeenda Items . Marin County Congestion Management Agency Program - (April 21) . Presentation by American Association of University Women - Southern Marin - (April 21) . Town Parks & Town Hall Facilities Rental Policy - (April 21) . Tiburon Highlands Master & Precise Plan Appeal of Planning Commission Denial- (April 21) . Jt. Recreation Committee Annual Report - (May 19) K 1.Jft . REDEVELOPMENT AGENCY MINUTES DRAFT CALL TO ORDER Chair Matthews called the meeting of the Redevelopment Agency of the Town of Tiburon to order at 7:30 p.m., on Wednesday, September 16, 1998 in Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson BOARDMEMBERS: None EX OFFICIO: Executive Director Kleinert, Town Attorney Danforth, Finance Director Stranzl, Planning Director Anderson, Minute Clerk Crane B. BUSINESS MEETING 1) APPROVAL OF REDEVELOPMENT AGENCY MINUTES - (#03-98, June 17, 1998) MOTION: To adopt Minutes ofJune 17, 1998 Meeting. Moved: Thompson, Seconded by Hennessy Vote: AYES: Unanimous 2) ANNUAL REPORT & ACCEPTANCE OF AUDIT STATEMENT- FY97-98. The Agency boardmembers waived the Staff Report. Moved: Vote: To adopt Annual Report & Accept Audit Statement for FY97-98 Thompson, Seconded by Hennessy AYES: Unanimous MOTION: D. ADJOURNMENT There being no further business before the Redevelopment Agency of the Town of Tiburon, Chair Matthews adjourned the meeting at 7:35 p.m., sine die. HARRY S. MATTHEWS, CHAIR ATTEST: ROBERT L. KLEINERT, EXECUTIVE DIRECTOR Redevelopment Agency Minutes #04-98 - September 16, 1998 TOWN OF TIBURON STAFF REpORT ITEM NO. /2114-- - r!..- Date: TIBURON REDEVELOPMENT AGENCY ANN R. DANFORTH, TOWN ATTORNEY TRANSFER OF EQUITY INTEREST NED'S WAY GARDEN HOMES April 7, 1999 To: From: Subject: BACKGROUND Ned's Way Garden Homes, LLC, is the developer of the Redevelopment Agency's senior housing project on the old Town Hall site. The principals of this company wish to add an equity partner, Taylor Woodrow Homes, Inc., to assist in the financing of the project. The Agency must approve the proposed transfer under the Disposition and Development Agreement between the Agency and the Developer. The Developer's current principals are Raymond Buddie, Bruce Burman and Kim Feldman. Under the proposed agreement, these individuals would form Ned's Way Development Partners, LLC (''NWDP''). As NWDP, the current principals would retain a significant stake in the project. However, as explained below, Taylor Woodrow would have ultimate authority over the Developer. For this reason, staff recommends that the Council evaluate the proposed transaction as transferring primary control over the project to Taylor Woodrow. ANALYSIS The transfer would occur pursuant to a proposed Operating Agreement between NWDP and Taylor Woodrow. Under this Agreement, the functions of the Developer, Ned's Way Garden Homes, LLC, would be divided between the two member companies. NWDP would be responsible for obtaining project entitlements. Taylor Woodrow would be responsible for construction and marketing activities and would have final decision-making authority regarding the project's design and budget. The two entities would share management of the Developer. However, in the event that the two entities were unable to agree, Taylor Woodrow would have the right to make the final decision. After recouping Neds Waytransfer.rda. doc I its capital plus a ten percent return, Taylor Woodrow would receive fifty percent of the project profits. NWDP would receive the other fifty percent. The Agreement also provides for transfer of a small interest in the project to a "Special Member." At the writing of this report, Town staff had insufficient information regarding this transfer. Accordingly, if the Council decides to approve the transfer of interest to Taylor Woodrow, it should stipulate that it is not approving any further transfers at this time. Article 9 of the Disposition and Development Agreement restricts transfers of both the project itself and of ownership and control of the developer. This reflects the Agency and the community's interest in ensuring that the project will be well built, well run and well maintained. Town staffhas attempted to research the background of Taylor Woodrow so as to advise the Council on their suitability to assume control of the Ned's Way Garden Homes project. We have found that they are an international company based in the United Kingdom, with significant development experience throughout California. According to Dun & Bradstreet, Taylor Woodrow's payment record is good and as of December 31, 1997, its assets far exceeded its liabilities. The proposed Operating Agreement includes several references to the Disposition and Development Agreement. However, it does not acknowledge the primacy of that Agreement. If the Council approves the transfer, it should do so on the condition that the Operating Agreement contain a statement that Taylor Woodrow shall be bound by the Disposition and Development Agreement and that in the event of any conflict between the Operating Agreement and the Disposition and Development Agreement, the latter shall prevail. In addition, any transfers of interest in the two member entities should require Town approval. Mr. Burman ofNWDP has stated that they will make these changes. Representatives of both Ned's Way Garden Homes and Taylor Woodrow will be present to speak at the Agency's meeting. If after hearing their presentation, the Agency Board is satisfied that Taylor Woodrow is a suitable company to assume control of the project, the Board should approve Taylor Woodrow's acquisition ofa 50 percent interest in the developer. RECOMMENDATION That the Agency hear the presentation from Ned's Way Garden Homes and Taylor Woodrow, take public testimony and approve the proposed transfer subject to the following conditions: A. The Operating Agreement must be modified as follows: 1. Taylor Woodrow shall agree to be bound by the provisions of the Disposition and Development Agreement between Ned's Way Garden Homes, LLC, and the Town of Tiburon Redevelopment Agency dated June 17, 1998. NedsWaytronsfer. rdo.doc 2 2. In the event of any conflict between the Operating Agreement and the Disposition and Development Agreement, the latter Agreement shall prevail. 3. Section 6.1 of the Operating Agreement shall provide that any Transfer shall require the consent of the Town of Tiburon. B. The Town's approval of the transfer to Taylor Woodrow does not include a transfer of any interest in Ned's Way Garden Homes to any other person or entity. EXHmITS Request from Ned's Way Garden Homes Article 9 of the Disposition and Development Agreement NedsWaytra1l.Jfer.rda.doc 3 FILE No. 57003/22 '99 11:57 ID:LAW OF ICES F~GE 2 Ned's way Garden Homes LLC 1104 LINCOLN AVENUE SAN RAFAEL, CA 94901 (415) 458-5400 (4.15) 458-5401 RECEIVED MAR 2 2 1999 March 22, 1999 PLANNING DEPARTMENT TOWN OF TI8URON Mr. Robert Kleinert Town Manager Town of TIburon 1505 Tiburon Blvd Tiburon, CA 94920 Re: Ned's Way Garden Humes LLC Ned's Way Senior Housing Development Project Dear Bob: As you know, we are proceeding wit!l the proccssing of our application for the dcvelopment of thc Scnior Housing Project on the Ned's Way property. As was contemplated at thc time that Ned's Way Garden Homes LLC sigr:nj the Disposition and Dcvelopment Agreement, we have finalized a deal, subject to Redevelop::Jent Agency approval, for equity participation in and funding of the Project. Raymond M. Buddie, Bruce Burman om! Kim Feldman will remain as members of Ned's Way Garden Homes LLC and will retain ~ 50% ownership interest in the LLC. The new equity partner will be Taylor Woodrow HOl1les. Inc. We will be submitting to the Redevelopment Agency for approval copics of all dO'dmentation regarding the equity participation in the LLC and the Project by Taylor Woodrow. Enclosed is a copy of a summary of our Operating Agreemenr. We are very pleased to have Taylor Woodrow involved with us in this Development. They are a well respected developer and bLlldcr of high quality housing. Taylor Woodrow will be providing all project funding. The d~llIi1s of Taylor Woodrow's participation are more fully described in the Ned's Way Garden !:omes LLC Operating Agreement which is being FILE No. 570 03/22 '99 11 :57 ID:LAW OF ICES P~GE 3 Ned's Way Garden Homes LLC Mr. Robert Kleinert March 22, 1999 Page 2 forwarded to you for your review. We therefore request Tiburon Redevelopment Agency approval of the transfer of an interest in Ned's Way Garden Homes LLC to '1Ylor Woodrow Homes, Inc. in accordance with Article 9 of the Disposition and Development'\greemenl. We will be pleased to meet with you .\Od the Tiburon Redevelopment Agency to answer any questions you may have. Taylor W(;ddrow representatives are also available to meet with you at your convenience. We are very excited about this arrangement and its lmpact on our Project. We look forward to discuss I I1g this issue with you and receiving Agency approval in accordance with the Disposition and 1 )evelopment Agreement. Very truly yours, NED'S WAY GARDEN HOMES Ll.C RMB:mvg Enclosures cc: Mr. Bruce Burman Mr. Kim Feldman Mr. Dean Pearson, Taylor W"odrow Homes, Inc. Mr. Ian Gillis, Taylor WoodrClw Homes, Inc. C:\MVO\ Wf'POCS'"liif.MMoi\NaUSw n Y \Kl.~i.i... .8..300" : EXECUTIVE SUMMARY OF OPERATING AGREEMENT FOR THE NED'S WAY GARDEN HOMES. LLC 1. The Company: The Ned's Way Garden Homes, LLC, a California limited liability company. 2. The Members: NW Development Partners, LLC, a California limited liability company ("NWDP"), whose sole members are Ray Buddie, Bruce Burman and Kim Feldman; and Taylor Woodrow Homes, Inc., a California corporation ("TW"). 3. Purpose: To acquire the real property known as 1155 Tiburon Way, Tiburon, California, Assessor's Parcel Numbers 58-151-23 and 58-151-32, consisting of approximately 1.5 acres of land ("Property"), pursuant to the Disposition and Development Agreement between the Company and the Tiburon Redevelopment Agency dated June 17, 1998, and to develop, construct and market approximately twenty-five (25) residences and related improvements and amenities on the Property ("Project"). 4. Capitalization and Financing: On a going forward basis, TW is to provide all funds, in the form of equity contributions to the Company, necessary to acquire the Property and initiate and complete the Project. The Members do not anticipate that the Company shall require or seek any third party fmancing. 5. Management: The Company shall be member-managed, with each Member appointing a representative to facilitate communications and decision-making. Bruce Burman will be NWDP's representative. Each Member will be actively involved in operating the Company. NWDP will be primarily responsible for obtaining entitlements and TW will be primarily responsible for construction and marketing activities. Company operations and expenditures will be controlled through budgets to be cooperatively prepared, reviewed and approved by the Members, subject to TW's right to resolve good faith differences between the Members. 6. Profits: After TW receives its return of capital plus a ten percent (i 0%) return, profits shall be split 50/50 between the Members. 7. Fees and Expenses: Both Members shall be entitled to various management fees as reflected in the Company budgets. Both Members shall be reimbursed for their out-of- pocket costs, including expenses ofNWDP and its members incurred to date. 8. Transfer: No Member is permitted to transfer its interest in the Company without the consent of the other Member (which may be withheld in the other Member's sole discretion). 544801/55627.1 the insurance described in subsections (a)(l), (a)(2) and (a)(3) above. Liability and Comprehensive Automobile Liability insurance to be maintained by such contractors and agents pursuant to this subsection shall name as additional insureds the Agency, its boardmembers, officers, agents, and employees. (c) General Requirements. The required insurance shall be provided under an occurrence form, and the Developer shall maintain such coverage continuously throughout the Term. Should any of the required insurance be provided under a form of coverage that includes an annual aggregate limit or provides that claims investigation or legal defense costs be included in such annual aggregate limit, such annual aggregate limit shall be three times the occurrence limits specified above. There shall be no cross liability exclusion. Comprehensive General Liability, Comprehensive Automobile Liability and Property insurance policies shall be endorsed to name as additional insureds the Agency and the Town and its boardmembers, officers, agents, and employees using ISO Additional Insured Endorsement Form CG 20 10 11 85 (in no event will the Agency accept an endorsement from with an edition date later than 1990). All policies and bonds shall be endorsed to provide thirty (30) days prior written notice of cancellation, reduction in coverage, or intent not to renew to the address established for notices to the Agency pursuant to Section 12.1 below. (d) Certificates ofInsurance. Upon the Agency's request at any time during the term of this Agreement, the Developer shall provide certificates of insurance, in form and with insurers reasonable acceptable to the Agency, evidencing compliance with the requirements of this Section, and shall provide complete copies of such insurance policies, including a separate endorsement naming the Agency as additional insured. ARTICLE 9 ASSIGNMENT AND TRANSFERS Section 9.1 Definitions. As used in this Article 9, the term "Transfer" means: (a) Any total or partial sale, assignment or conveyance, or any trust or power, or any transfer in any other mode or form, of or with respect to this Agreement or of the Development or any part thereof or any interest therein or any contract or agreement to do any of the same; or (b) Any total or partial sale, assignment or conveyance, or any trust or power, or any transfer in any other mode or form, of or with respect to any ownership interest in Developer or any contract or agreement to do any of the same; or 102104\109685.8 20 (c) Any merger, consolidation, sale or lease of all or substantially all of the assets of Developer. Section 9.2 PU1:Pose of Restrictions on Transfer. This Agreement is entered into solely for the purpose of development and operation of the Development and its subsequent use in accordance with the tenns hereof. The Developer recognizes that the qualifications and identity of Developer are of particular concern to the Agency, in view of: (a) The importance of the redevelopment of the Property to the general welfare of the community; and (b) The land acquisition assistance and other public aids that have been made available by law and by the government for the purpose of making such redevelopment possible; and (c) The reliance by the Agency upon the unique qualifications and ability of the Developer to serve as the catalyst for development of the Property and upon the continuing interest which the Developer will have in the Property to assure the quality . of the use, operation and maintenance deemed critical by the Agency in the development of the Property; and (d) The fact that a change in ownership or control of the owner of the Property, or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in ownership or with respect to the identity of the parties in control of the Developer or the degree thereof is for practical purposes a transfer or disposition of the Property; and (e) The importance to the Agency and the community of the standards of use, operation and maintenance of the Property. The Developer further recognizes that it is because of such qualifications and identity that the Agency is entering into this Agreement with the Developer and that Transfers are pennitted only as provided in this Agreement. Section 9.3 Prohibited Transfers. The limitations on Transfers set forth in this Section shall apply throughout the Term. Except as expressly permitted in this Agreement, the Developer represents and agrees that the Developer has not made or created, and will not make or create or suffer to be made or created, any Transfer, either voluntarily or by operation oflaw without the prior written approval of the Agency. Any Transfer made in contravention of this Section 9.3 shall be void and shall be deemed to be a default under this Agreement whether or not the Developer knew of or participated in such Transfer. '02104"09685.6 21 Section 9.4 Permitted Transfers. Notwithstanding the provisions of Section 9.3, the following Transfers shall be permitted and are hereby approved by the Agency subject to meeting the requirements of Section 9.5: (a) Any Transfer creating a Security Financing Interest permitted pursuant to the approved Financing Plan; (b) Any Transfer directly resulting from the foreclosure of a Security Financing Interest or the granting of a deed in lieu of foreclosure of a Security Financing Interest or as otherwise permitted under Article 11; and (c) Any Transfer solely and directly resulting from the death or incapacity of an individual. Section 9.5 Effectuation of Certain Permitted Transfers. No Transfer of this Agreement permitted pursuant to Section 9.4 (other than a Transfer pursuant to a Security Financing Interest under Section 9.4(a) or (b)) shall be effective unless, at the time of the Transfer, the person or entity to which such Transfer is made, by an instrument in writing reasonably satisfactory to the Agency and in form recordable among the land records, shall expressly assume the obligations of the Developer under this Agreement and agree to be subject to the conditions and restrictions to which the Developer is subject arising during this Agreement, to the fullest extent that such obligations are applicable to the particular portion of or interest in the Development conveyed in such Transfer. Anything to the contrary notwithstanding, the holder of a Security Financing Interest whose interest shall have been acquired by, through or under a Security Financing Interest or shall have been derived immediately from any holder thereof shall not be required to give to Agency such written assumption until such holder or other person is in possession of the Property or entitled to possession thereof pursuant to enforcement of the Security Financing Interest. In the absence of specific written agreement by the Agency, no such Transfer, assignment or approval by the Agency shall be deemed to relieve the Developer or any other party from any obligations under this Agreement. Section 9.6 Other Transfers with Aiencv Consent. The Agency may, in its sole discretion, approve in writing other Transfers as requested by the Developer. In connection with such request, there shall be submitted to the Agency for review all instruments and other legal documents proposed to effect any such Transfer. If a requested Transfer is approved by the Agency such approval shall be indicated to the Developer in writing. Such approval shall be granted or denied by the Agency within thirty (30) days of receipt by the Agency of Developer's request for approval of a Transfer. 102104\109685.6 22 I jvM 4. -:; (1 ) TOWN COUNCIL MINUTES CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:38 p.m.on Wednesday, March 3, 1999, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. A. INTERVIEWS At 6:45 p.m., Council interviewed Traute Eckensdorff, Janet Way, for an opening on the Parks & Open Space Commission. B. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Senior Planner Watrous, Finance Director Stranzl, Superintendent of Public Works Iacopi, Chief of Police Herley, Town Clerk Crane C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Bach said no action was taken in closed session. D. PUBLIC OUESTIONS AND COMMENTS Bran Fanning, 67 Via Los Altos, commented on the issue of Corte Madera's proposed low-cost housing. He said Council should be aware of the effect the proposed additional housing would have on the Reed Union School District. Fanning noted that at one time, the Corte Madera Master Plan called for annexation of the area all the way to Trestle Glen. He said that by obtaining financial support from Belvedere, the Town of Tiburon was able to incorporate and keep the school district boundaries intact. Mayor Bach said that Unfinished Business Item No.8, Resolution Authorizing the Settlement Agreement in Connally v. Main Street Businesses & Town of Tiburon, would not be heard tonight. E. COUNCIL. COMMISSION & COMMITTEE REPORTS 1) MILLLENlUM COMMITTEE - Status Report - (Mary Catherine Bach, Larry Smith, Steve Sears, BB Bernheim) Mary Catherine Bach and Steve Sears gave Council a brief overview on the proposed New Year's Eve celebration and festivities, which are to take place on the Tiburon waterfront at several waterfront restaurant locations. F. CONSENT CALENDAR 2) TOWN MONTHLY INVESTMENT SUMMARY - January 30, 1999 - (Accept) Town Council Minutes #1159 March 3. 1999 Page 1 3) RICHARDSON BAY REGIONAL AGENCY (RBRA) - Harbor Administrator Infraction Citation Enforcement Authority - (Adopt Resolution) MOTION: Moved: Vote: To approve Consent Calendar Items 2 & 3 above Thompson, Seconded by Matthews AYES: Unanimous G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 4) CONSIDER APPOINTMENTS TO EXPIRING TERMS & CURRENT VACANCIES - A) PLANNING COMMISSION - (1) B) DESIGN REVIEW BOARD - (2) C) PARKS & OPEN SPACE COMMISSION - (2) D) IT. RECREATION COMMITTEE - (2) There were no public or Council comments. MOTION: To reappoint Lisa Klairmont to the Planning Commission; to reappoint Kirk Beales & Larry Doane to the Design review Board; the reappoint Mindy Canter to the Parks & Open Space Commission; and to reappoint Priscilla Tripp and Jerry Riessen to the Jt. Recreation Committee Matthews, Seconded by Gram AYES: Unanimous Moved: Vote: Council noted there was still one pending vacancy on the Parks & Open Space Commission. H. PUBLIC HEARING 5) APPEAL OF PLANNING COMMISSION DENIAL of Rezoning, Lot Line Adjustment and Amendments to Tiburon Highlands Master Plan & Precise Plan - AP Nos. 34-360-11, 38-182-30 & 38-322-11 - (Fred Grange, Applicant & Appellant) - (Continuedfrom February 3, 1999 Mayor Bach reported that progress had been made towards resolution of the matter between the affected parties, and suggested continuing the matter for 30 days. Council concurred that it would be preferable to have the neighbors work out their differences first before the Council made a ruling. Town Attorney Danforth said that any resolution or agreement would still have to come back to the Council for public hearing and approval. During public hearing, Tom Bomar, 71 Reed Ranch Road, said that 90 days would be more realistic to work out the differences between the multiple interest groups. He also stated that many of the neighbors felt resentful toward Staff, and therefore they were asking Council to be involved to hear the issues. Mayor Bach had previously offered his services to help mediate. Councilmember Hennessy suggested that another Councilmember be present at any negotiations. Town Council Minutes #1159 March 3, 1999 Page 2 Marshall Gross, Reed Ranch Road, concurred that 30 days was too short a time period to resolve the issues. In response to Councilmember Hennessy's question, Applicant Grange agreed to the proposed 90- day extension. MOTION: To extend public hearing on the Appeal of Planning Commission Denial of Rezoning, Lot Line Adjustment, and Amendments to Tiburon Highlands Master Plan & Precise Plan for 90 days Thompson, Seconded by Hennessy AYES: Unanimous Moved: Vote: Vice Mayor Gram said that the motion should call for resolution 90 days or sooner. MOTION: To grant authority to mediate the dispute to a subcommittee of Council, but in the event of an impasse between the parties, to return the matter to Council. Hennessy, Seconded by Thompson AYES: Unanimous Moved: Vote: I. NEW BUSINESS 6) TRAFFIC SAFETY COMMITTEE RECOMMENDATION - (proposal to Remove Median Island on Via Los Altos) Town Manager Kleinert said the Traffic Safety Committee recommended removal of the small median island on Via Los Altos because it posed a safety problem. Chief of Police Herley said this was especially true for drivers who were unfamiliar with the area. Although he could not provide statistical evidence of accidents occurring at that location, Chief Herley said the Traffic Safety Committee members, Town Engineer, Planning Director, Chief of Police, and Superintendent of Public Works, all viewed the island as a liability to the Town and unanimously recommended its removal. He noted that the island cut off two feet of each travel lane on Via Los Altos. During public hearing, Bran Fanning, 67 Via Los Altos, said he and his neighbors saw the issue in the exact opposite light, that is, that removal of the island would create more of a safety hazard than leaving it. He said that visually the island directed downhill traffic to stay to the right. This opinion was seconded by Deedee Kim, former president of one of the homeowner's associations on Via Los Altos. Councilmember Matthews said that while he valued the Chief of Police's judgment, he also felt it was important to listen to the affected neighbors. Councilmember Thompson agreed, and said in Town CouncilMinules #1159 March 3, 1999 Page 3 light of the fact that there were no serious accidents in the 15 years, the island may have been "doing its job," even though it probably would not be constructed in the same place and in the same way today. Councilmember Hennessy said she respected the judgment of the Traffic Safety Committee. Mayor Bach said it did not appear to be a clear-cut issue. Council made some further suggestions about possible modifications to the island. Town Manager Kleinert proposed letting Staff, including the new Town Engineer, take another look at the problem. Item continued. 7) DOWNTOWN FEE PARKING LOT TRAFFIC COUNTS - 1998 - (Report) Council accepted the report. Councilmember Thompson noted that report confirmed that there was still no significant impact on loss of parking created by the building of the new Town Hall and Library. J. UNFINISHED BUSINESS 8) Connally v. Main Street Businesses v. Town of Tiburon - Oral Report by Town Attorney- (Resolution Authorizing Settlement Agreement) Item continued. K. STAFF & TOWN MANAGER REPORTS 9) CORTE MADERA HOUSING ELEMENT UPDATE [Robin Drive] - Oral Report Planning Director Anderson said that approximately 150 people attended the hearing in Corte Madera, and that the Council had voted to accept the preliminary draft Housing Element with a lower number of units [65] in the latest draft. L. COMMUNICATIONS 10) BUS SHELTER ADVERTISING - Response from GGBH&TD, dated February 24, 1999 Town Manager said he had heard favorable reports from other cities on the provider, "Outdoor Systems. " Councilmember Hennessy said she liked the idea of adding more bus shelters as part of the Bridge District's incentive to start the advertising campaign. She said that former Mayor AI Kuhn had long asked for more covered shelters inbound on Tiburon Boulevard. Town Council Minutes #1159 March 3, 1999 Page 4 M. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Bach adjourned the meeting at 8:55 p.m., to the Employee Recognition Dinner on March 9, 1999. MOGENS BACH, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK Town Council Minules #1159 March 3, 1999 Page 5 TOWN COUNCIL MINUTES Ifr.-- ))6. 10) A. INTERVIEWS At 7:00 p.m., the Council interviewed Fred Mayo, 69 East View Avenue, who had applied for a position on the It. Recreation Committee. CALL TO ORDER Mayor Bach called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday, March 17, 1999, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. B. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT: EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson, Superintendent of Public Works Iacopi, Town Clerk Crane C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Bach said no action was taken in closed session. D. PUBLIC OUESTIONS AND COMMENTS Mayor Bach said that because no decision was made in closed session concerning Unfinished Business Item No.4, Adoption of Settlement Agreement in ADA Main Street Litigation, Connally v. Main Street Businesses & Town of Tiburon, the matter would not be heard. E. COUNCIL. COMMISSION & COMMITTEE REPORTS None. F. CONSENT CALENDAR 1) TOWN COUNCIL MINUTES #1154 - December 2, 1998; #1158 - February 17, 1999- (Approve) 2) AMICUSBREIF REQUESTS - A) Hardin v. City of Concord, etal.; B) Hahn, Los Angeles County Assessor, et al. v. State Board of Equalization; IBM, Real Party in Interest - C) Foster v. City of Napa, Cal. App. 101, Case No. A0846652 - (Approve) MOTION: Moved: Vote: To approve Consent Calendar Thompson, Seconded by Gram AYES: Unanimous ABSTAIN: Hennessy, February 17,1999 Minutes G. PUBLIC HEARING 3) ORDINANCE PREVENTING CONSTRUCTION DURING HOLIDAY PERIODS ON Town CouncilMinwes #1160 March 17, 1999 Page 1 MAIN STREET - (2nd Reading & Adoption) Mayor Bach opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read Ordinance by Title Only Thompson, Seconded by Matthews AYES: Unanimous Mayor Bach read, "An Ordinance of the Town Council of the Town of Tiburon Prohibiting any Construction Activity that Adversely Impacts the Free Flow of Traffic in the Downtown during the Holiday Season." MOTION: Moved: Vote: To adopt above Ordinance Gram, Seconded by Thompson AYES: Bach, Gram, Hennessy, Matthews, Thompson H. UNFINISHED BUSINESS 4) ADA MAIN STREET LITIGATION - Connally v. Main Street Businesses & Town of Tiburon - (Adoption of Settlement Agreement) Item Continued. 5) PUBLIC USE OF TOWN HALL FACILITIES & RECREATION AREAS - (Adopt Policy Regarding Use Fees, Clean-Up & Security Deposits) Town Clerk Crane said the question of whether or not to rent the Town Council Chambers to the public had previously been before Council. She said a decision had been deferred pending further study, but that Staff continued to receive requests to use the Chambers from both the private and public sector. Ms. Crane said that up until now, the Chambers had only been used by non-profit groups such as Reed Union School District, the Tiburon Peninsula Foundation, and Ritter House, but no fees had been charged. Town Manager Kleinert said it would be helpful if the Town could charge a fee that would cover both administrative and clean-up costs. Councilmember Thompson said the concept of creating a profit center through the rental of the Council Chambers had been discussed at some length during the planning and design phase of the new Town Hall. Councilmember Gram suggested that the rental of the Chambers be turned over the It. Recreation Department since they had experience in this area. Council directed Staff to come back with a proposal to that effect which would include sharing the profits with the It. Recreation Department. Town Council Minutes #1160 March 17, 1999 Page 2 Town Manager Kleinert also noted that the Town needed a policy concerning the use of McKegney Green and other Town-owned and maintained recreation areas. He said no maintenance or security deposits were charged and suggested that a policy be developed concerning this issue. Council directed him to develop such a policy for approval. L NEW BUSINESS 6) SPECIAL EVENT PERMIT APPLICATION - (Marin County Office of Education Request to Use McKegney Green for Fundraiser on June 12, 1999) Event Chairman Bill McLaughlin thanked the Council for their participation in the last fundraiser for Special Education in Marin County, which had raised over $100,000. He said he regretted the damage caused to the Green, but asked that the Staff Report be corrected to reflect that the damage was not caused by the tent or stage, but rather from the Big 4 trucks that came in afterwards to pick up the equipment. He also said that the Town was offered free rentals from Big 4 to cover the cost of repairs to the Green. Town Manager Kleinert recommended that the Town charge a $5,000 security deposit for the event. Mr. McLaughlin said that would be acceptable and noted that the Board's insurance certificate also contained a $500,000 damage clause. Mr. McLaughlin asked for permission to set up on Thursday, June 10, 1999 prior to the [Saturday evening] event. Council approved the Special Event Permit, and once again asked Staff to come back with a recommendation on charging security deposits for use ofMcKegney Green. Town Manager Kleinert echoed Councilmember Thompson remarks that the Town was not looking to make a profit for use of its facilities by non-profit organizations, but rather was concerned about an appropriate cleaning and damage deposit. 7) TOWN FEES - (Adopt Town Policy Regarding Fee Waivers) - (Resolution) Town Attorney Danforth said that Town fees imposed for applications, permits and services was for the purpose of covering the cost of administering and processing by the Town's Building and Planning Departments. She noted that from time to time, the Town receives requests for a waiver of its fees, and that Council had directed Staff to prepare a policy so that these requests could be properly evaluated. Ms. Danforth noted that waiver offees for any given project had the effect of transferring that portion of the project's cost to the residents of Tiburon. Therefore, she said that Staff recommended that fees be waived only if it could be proven that the project would have a substantial public benefit. Town Council Minutes #1160 March 17, 1999 Page 3 Under the proposed policy, according to Town Attorney Danforth, Council would consider both the project and the project applicant in making its decision. Only non-profit entities would be eligible for a waiver under normal circumstances. However, a private or for-profit entity might be eligible if Council found that substantially all of the project's benefit would accrue to a charitable non-profit or governmental agency. During public hearing, Bruce Ross, 1807 Centro West, questioned whether the City could currently demonstrate what it costs to perform its services. He said, for example, that the 15% processing fee charged for EIR's seemed arbitrary. Planning Director Anderson said the Town tracked what it cost to process applications. He said a 30"/0 deposit was coUected from applicants up front, and if there was any money left over at the end of the project, it was returned to the applicant. More often than not, Anderson noted, money was returned to the applicant. MOTION: To adopt Resolution Establishing a Policy to Govern the Partial and Total Waiver of Town Fees Gram, Seconded by Hennessy AYES: Unanimous Moved: Vote: Council also said it would like to see a comparison of fee schedules of other Marin cities. 8) TOWN OF TffiURON 35IT1 ANNIVERSARY CELEBRATION - (Scheduled for Friday, June 25, 1999) Town Manager Kleinert said a committee was needed to work on the details of the celebration. Mayor Bach said he had spoken to some individuals, and Bruce Ross (who was in the audience) agreed to serve. Mayor Bach noted that some of the arrangements had already been made and that it was hoped that the event would coincide with the grand opening of the new Tiburon Police station. J. COMMUNICA nONS None. K. STAFF & TOWN MANAGER REPORTS 9) MAR1N COUNTY CONVENTION & VISITOR'S BUREAU - (Oral Report by Mayor Bach & Town Manager) Town Manager Kleinert said that he and Mayor Bach had met with the representative of the Marin County Convention & Visitor's Bureau at their request. He said the Bureau was asking for monetary support from the cities. He and the Mayor informed the Bureau that the Town already contributed to the Tiburon Peninsula Chamber of Commerce. Town CouncilMinules #1160 March /7, 1999 Page 4 L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Bach adjourned the meeting at 8:36 p.m., sine die. MOGENS BACH, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK Town Council Minutes # 1 160 March /7, 1999 Page 5 TIBURON TOWN COUNCIL STAFF REPORT Meeting: To: From: Subject: April 7, 1999 Item: TOWN COUNCIL MEMBERS RICHARD STRANZL, FINANCE DIRECTOR MONTHLY INVESTMENT SUMMARY REPORT - AS OF THE MONTH ENDED FEBRUARY 28, 1999 CONSENT # gr TOWN OF TIBURON Institution! Agency Investment Amount Interest Rate Maturity State of California Local Agency $5,261,111 5.210% Liquid Investment Fund (LAIF) TotaIInvested: $5,261,111 TIBURON REDEVELOPMENT AGENCY Institution! Agency Investment Amount Interest Rate Maturity State of California Local Agency $406,271 5.210% Liquid Investment Fund (LAIF) Bank of America Other $0 T otaIInvested: $406,271 Notes to table information: State of California Local Agency Investment Fund (LAIF): the interest rate represents the effective yield for the month referenced above. The State of California generally distributes investment data reports in the third week following the month ended. (As received March 25, 1999) Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. ~~~~ March 29, 1999 cce: Town Treasurer AGREEMENT BETWEEN THE TOWN OF TIBURON AND I.L. SCHWARTZ ASSOCIATES. INC.. FOR THE PROVISION OF ENGINEERING SERVICES - TOWN ENGINEER T(e^^-' fth.1 THIS AGREEMENT, made and entered this _ day of February, 1999, by and between the TOWN OF TmURON, a political subdivision of the State of California, hereinafter called "Town," and I.L. SCHWARTZ ASSOCIATES, INC., hereinafter referred to as "Company." RECITALS A The Town is required to appoint a Town Engineer and desires to satisfY that requirement by retaining a qualified independent contractor. B. Irving L. Schwartz, C.E., ("Engineer") is the principal of Company and has the skill, experience, ability, background, certification and knowledge to serve as the Town Engineer. C. The parties wish to contract for the Company and Engineer to provide engineering services to the Town as provided herein. AGREEMENT 1. Scope of Emrineer Services. Engineer shall provide those Services described in the Engineer's letters dated February 1, 1999, copies of which are set forth in Exhibits 1 and 2 and in Paragraph l.C, below. A. Engineer is hereby appointed the Town Engineer. B. With the Town's consent, Engineer may delegate portions of the Services to another principal in the Company with appropriate skill, experience, ability, background, certification and knowledge, who shall serve as Deputy Town Engineer. In the event of such delegation, Company and Engineer shall remain responsible for the proper performance of the Services. The Town hereby consents to John Hugunin to serve as Deputy Town Engineer. C. Engineer shall perform work in excess of the Services upon direction of the Town Manager ("Additional Services"). 2. Compensation. A. Company's compensation for the Services described in Exhibit 2 as "Category 1- General Consulting" shall be as set forth in Exhibit 2. Company shall submit bills for 1 said Services on a monthly basis, which shall be due within 30 days of receipt by the Town. B. With respect to Services described in Exhibit 2 as "Category II - Private Projects," Company shall bill the private developer directly. Company and Town shaU develop a form agreement to be required of private developers requiring such services from Engineer. C. With respect to Additional Services, Town shall pay those rates set forth in Exhibit 3 except that the principal rate of $120 per hour shall be paid only for work performed outside of normal business hours that actually requires a principal level of expertise. 3. Standard of Work: Indemnity. Town has relied on the professional training and ability of Engineer to perform the services hereunder as a material inducement to enter into this Agreement. Engineer shall perform the services in a skiUful and professional manner compatible with applicable legal requirements and the standard of quality ordinarily to be expected of competent professional's in Engineer's field of expertise. Company shall indemnifY, defend and hold Town harmless from and against any claims, liabilities, suits, loss, cost, expense and damages arising from a negligent act or omission of Engineer's in the performance of the Services pursuant to this Agreement. 4. Engineer as Independent Contractor: Indemnity. Company (including Engineer and other agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Company shaU maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. Company shall indemnifY, defend and hold the Town harmless from any such liability that it may incur to the Federal or State Governments as a consequence of this contract. Notwithstanding the foregoing, in providing services under this Agreement, Engineer shall be acting as a Town Official. Therefore, with respect to claims that may be asserted by third parties arising from Engineer's provision of services as a Town official, Company shall be entitled to assert any immunities or similar defenses that would be available to the Town in defense of such actions against a Town official. 5. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Company's records and accounts of expenditures and activities of Company's performance under this Agreement at Town's own expense. AU such records shall be maintained for period of at least three years after the termination of this Agreement. Company shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 2 6. Insurance. Company shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies: A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence for bodily injury, personal injury and property damages; umbreUa policy raising the limit to $2,000,000. B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for each single occurrence for bodily injury and property damages; umbreUa policy raising the limit to $2,000,000. C. Engineers Professional Liability: Combined single limit of $250,000 for each single occurrence for protection against claims alleging negligent acts, errors and OmISSions. D. Workers' Compensation Coverage: As required by the laws of the State of California. E. The insurance required under paragraphs A and B, above, shall be endorsed with language covering the Town, its officials, officers, employees, agents and volunteers. Such coverage shall be primary insurance to the Town, its officials, officers, employees, agents and volunteers and shall act as though a separate policy had been written for each. Any failure to comply with the reporting requirements of the policies shall not affect coverage provided to the Town, its officials, officers, employees, agents and volunteers. F. The insurance required by this Paragraph shall not be suspended, voided, canceled or reduced in coverage or in limits except after thirty days written notice has been received by the Town. G. Evidence of compliance with the insurance and endorsement requirements of this Paragraph shall be subject to the approval of the Town Attorney. 7. OwnershiD of Documents: Re-Use: Indemnity. All plans, studies, documents and other writings prepared for and by Company, his officers, employees and agents and subcontractors in the course of performing the Services shall be the property of Town and Town shall have the sole right to use such materials in its discretion without further compensation to Company or to any other party. Company shall, upon request, provide such materials to Town. Town acknowledges that such documents are prepared for use only in connection with particular projects. Engineer and Company make no representation that said documents are suitable for re-use on any other project or on any expansion of the original project. 3 Any such re-use by Town without specific written approval by Company shall be at Town's sole risk. Town shall indemnify and hold Company harmless from all claims, losses, damages and expenses, including attorneys fees, that may arise from Town's unauthorized re-use of said documents for another project or for any expansion of the Project. 8. Interest of Engineer. Company is presently engaged in several private projects under the jurisdiction of the Town, which projects are listed in Exhibit 4. Engineer shall not act as the Town Engineer with respect to said projects. With said projects and this Agreement excepted, Engineer, on his own behalf and that of the Company, covenants and represents that he does not have any economic interest in any matter under the jurisdiction of the Town which would be affected in any manner by the performance of the Services and will not acquire any such interests. Company and Engineer will comply with the Town's Conflict of Interest code. 9. Licenses. Engineer represents and warrants to Town that he has all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Engineer to practice his profession. Engineer represents and warrants to Town that he shall, at his sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals that are legally required of Engineer to practice his profession. 10. Termination of Contract. This Agreement may be terminated immediately by Town for cause or by either party without cause upon 90 days written notice of termination to the other party. In event of termination, Company shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the Services. Company shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 11. Discrimination. In the performance of the terms of this Agreement, Company shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 12. Mediation. The parties will make a good faith attempt to resolve any disputes arising from this Agreement through mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names offive qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and the mediator thereafter remaining shall hear the dispute. 4 13. Miscellaneous. A Other Contract Provisions. Other contract provisions are set forth in Exhibit A To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governimz Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any proVISion of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shaU be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. 14. Exhibits. This Agreement includes the foUowing Exhibits, which are attached hereto and incorporated herein by reference: Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Letter re Included Items dated February 1, 1999 Letter re Categories of Services dated February 1, 1999 Personnel Charges List of Current Private Projects IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. I.L. SCHWARTZ ASSOCIATES, INC. TOWN OF TffiURON By: Mogens Bach Mayor, Town ofTiburon APPROVED AS TO FORM: Ann R. Danforth, Town Attorney 5 I.L, SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING ,.\NO LAND SURVEYING February 1,1999 Robert Kleinert, Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 RE: Tiburon Town Engineer Dear Bob: As I continue to think about our proposal to provide you with the services of Town Engineer, 1 wanted to clarify a number of items that would be included in, and considered to be a part of, our hourly rate. They are as follows: . Public Liability and Property Damage Insurance . Worker's Compensation Insurance . Professional Liability (Errors and Omissions) Insurance . Y2K Compliance . Secretarial! Clerical Support . In-House Plan Reproduction, Plotting, and Copying . Computer System for Drafting and Design . Telephone and Postage Charges . Sufficiently large enough staff to provide 24 hour, 7 day week coverage if necessary 10 an emergency . No overtime charges for evening meetings or out-of-normal working hours emergency calls . The services of a fully integrated Civil Engineering and Land Surveying firm Again, I thank you for considering me and my firm to provide Town Engineering Services to the Town of Tiburon. Sincerely, EXIDBIT NO.L ILSIdlh CORRE.SPO.O" TlBURON.L TR 79 GALLI DRIVE NOVATO, C\ 94949->705 14151 883-9200 FAX 883-2763 I.L. SCHWARTZ ASSOCIATES, INC. CIVIL E:'JGINEERING AND LAND SURVEYING February I, 1999 Robert Kleinert, City Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 RE: Town Engineer Dear Bob: Following our telephone conversation this morning, I am providing you with the following revised scope of services and fees from that shown in our letter to you of January 19, 1999. We propose to provide the Town ofTiburon, as Town Engineer, under the supervision of the Town Manager, with the following two general categories of services: CATEGORY I - GENERAL CONSULTING We will provide consultation and support for Town Department Heads and Officials on an as requested basis. We will also address citizens inquiries and complaints. We will provide Civil Engineering services including Design, Contract Administration and Inspection of capital improvement projects such as street and drainage work. We will provide input, as requested, relating to budgeting, facilities maintenance and similar issues and will act as the Town's representative to the Marin Public Works Association as well as act as an advocate, as necessary, for the acquisition for State and Federal funding for street improvement, storm damage and similar projects. We will be available to provide emergency assistance for storms or other situations as requested by the Town Manager. We will provide approximately 6 hours per week of the above services within Tiburon with agreed-upon set "hours." CATEGORY II - PRIVATE PROJECTS As requested by Town staff, we will review applications and perform appropriate inspections for Building Permits, Design Reviews, Tentative Subdivision Maps and similar private development proposals. We will also review Parcel, Maps and Final Subdivision Maps for conformance with Town requirements and State law. COMPENSATION We propose to receive compensation for the above two categories of work as follows: 7') GALLI DRIVE NOVATO, CA 94949-,705 FAX 883-2763 14151883-9200 ""/ g E-t I Page 2 February 1,1999 Robert Kleinert, City Manager Town ofTiburon RE: City Engineer Continued Category I - We propose to perform the fIrst 64 hours per monthly billing cycle (which begins the 26th of any given month and ends the 25th of the subsequent month) for a fIxed fee retainer of$5,760.00 (64 hours per monthly billing cycle times $90.00 per hour). Any time in excess of 64 hours per monthly billing cycle and any time expended by our survey crew will be billed at our standard hourly rates unless other arrangements are made prior to the commencement of an increment of work. Category II - Charges for review of private development projects including inspections and attendance at meetings will be billed directly to the private developer, generally with the fee collected prior to the commencement of our work. It is proposed that the fIxed fee retainer be adjusted proportionately for any work performed during a portion of the monthly billing cycle either at the commencement or completion of authorization of our work as Tiburon Town Engineer, as applicable. It is also further proposed that at the completion of three complete monthly billing cycles, our time expended as Town Engineer will be evaluated and adjustments maJe to our agreement as is applicable or appropriate. I trust these revisions will meet with the Town's approval; however if you have any questions or desire additional information, please feel free to call on me. Sincerely, ILS/dlh CORRESPO.JOB T1BTRV2.L TR I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING <<I ~ ~ I--; p:j ~ r::l I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING PERSONNEL CHARGES SHALL BE AS FOLLOWS: Principal.............................................................................................$120.00 per hour Senior Civil Engineer! Senior Land Surveyor ..................................$ 98.00 per hour Civil Engineer! Land Surveyor .........................................................$ 88.00 per hour Senior Drafter! Senior Technician ....................................................$ 78.00 per hour Drafter! Technician ...........................................................................$ 68.00 per hour Survey Crew (2-persons)....................................................................$136.00 per hour Survey Crew (3-persons)....................................................................$204.00 per hour Clerical..................................,............................................................$ 36.00 per hour Travel time to and from job site, is charged in accordance with foregoing schedule. The charge for Court Appearance or Deposition is $200.00 per hour (4 hours per day minimum). The minimum charge for attendance at a public hearing or public meeting outside of normal business hours is $240.00. MISCELLANEOUS CHARGES: Special or outside services are charged at cost plus 15 percent. Extra printing of work already completed is charged on a time and expense basis. Minimum charge is $5.00. FEES: In the absence of specific arrangements to the contrary, the client shall pay the cost of outside professional services, including soils engineering and/or testing and aerial mapping and also checking and inspection fees, application and permit fees, bond premiums and title company charges. Effective November I, 1997 GEN.SECYDA T A PERSCHGS.DOC EXHIBIT NO. 3 79 GALLI DRIVE NOVATO, CA 94949-5705 (415) 883-9200 FAX 883-2763 6695 6698 6859 6860 6872 I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING CURRENT TIBURON JOBS Cencal Homes, Inc. LaCresta Subdivision, Lot 22 Via Los Altos, Tiburon Single Family Dwelling Site Plan Masma Construction LaCresta Subdivision Lots 19,23,29 & 30 Single Family Dwelling Site Plans Susan Edwards 1921 Mar West, Tiburon A.P.N. 059-122-25 & 059-162-01 Single Family Dwelling Site Plan Biernoff-Hiat Family Trust 36 Old Landing Road, Tiburon A.P.N, 38-162-44 & 38-171-66 Subdivision Dr. Fraser Muirhead 4200 Paradise Drive, Tiburon A.P.N. 38-171-42, 43, 46 & 47 Shoreline Erosion Repair Plan 6876 The Ned's Way Garden Homes, LLC Ned's Way at Tiburon Blvd., Tiburon A.P.N.58-15l-23 6897 6909 February 1. 1999 POLlCY.PRO TIBURON.JOB Senior Housing Site Improvement Plans TRl Development, LLC Round Hill Oaks Subdivision Round Hill Road, Tiburon A.P.N.58-301-26 4 Lot Subdivision Site Improvement Plans & Parcel Map Board of Directors Belvedere- Tiburon Land- marks Society 841 Tiburon Blvd., Tiburon A.P.N. 55-252-06 Building Site Improvement Plan EXIllBIT NO.!L 79 GALLI DRIVE NOVATO. CA 94949-5705 1415i 883-9200 FAX 883-2763 I/e~.:/F (V RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ENDORSlNG THE DECEMBER 31, 1999, NEW YEAR'S EVE CELEBRATION "MILLENIUM ON MAIN" WHEREAS, as the Twentieth Century comes to a close, New Year's Eve 1999 will indeed be a very special and festive world-wide celebration, and WHEREAS, the Town of Tiburon not only supports, but strongly endorses a community celebration for New Year's Eve 1999/2000, and WHEREAS, the Tiburon Town Council does hereby appoint a New Year's Eve Celebration Committee and offers its sponsorship and assistance in the planning of the proposed celebration activities NOW, THERFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon, on behalf of the residents of Tiburon, does hereby support and proclaim the Tiburon Peninsula New Year's Eve Festivities which shall commence on December 31, 1999 at 8:00 PM and continue through I :00 AM, January 1, 2000, and BE IT FURTHER RESOLVED that all Tiburon Peninsula residents are urged to acknowledge and participate in the MILLENIUM ON MAIN celebration in downtown Tiburon PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on , 1999, by the following vote AYES NOES ABSENT COUNCILMEMBERS COUNCILMEMBERS COUNCILMEMBERS MOGENSBACH,MAYOR Town ofTiburon ATTEST DIAi'\TE L CRANE, TOWN CLERK I~~ AJt), II JONES HALL A PROFESSIONAL LAW CORPORATION ATTORNEYS AT LAW CHARLES F i\.DA:-1S STEPHEN R CASALl.:GGIO THOMAS A. DOW:-'"EY ANDREW C. HALL. .JH COI:fiTSEY L. JONES WILLIAM ,J. KADt CHRISTOPl-iER K. LYXGH WILLIAM H. ~ADISON DAVID ,J. OSTER DAVID A. WALTON KEN:'><ETII L JONES.OFC01"NSt:L e.~o CALIFORNIA STREET EIGHTEENTH FLOOR SAN FRANCISCO. CA 9410B Tuesday, March 30,1999 TELEPHONE (411:5) 391-~7BO FACSIMILE (411'5) 391-:5784 HOMEPAGE: http://~.jhhw_com Robert Kleinert Town Manager TOWN OF TIBURON 1505 Tiburon Blvd. Tiburon, CA 94920 RECEIVED MAR 3 1 1999 TOWN MANAGERS OFFICE TOWN OF TIBURON Re: Main Street Assessment District Dear Bob: This replaces my letter to you of March 23,1999. You have verified that all of the parcels in the proposed assessment district are in the Town of Tiburon. This makes life easier because you won't need to deal with items 2 and 3 of my previous letter (asking for and obtaining the consent of Belvedere). So, to begin things on April 7, 1999, I enclose: 1. Resolution Appointing Engineer, Attorneys and Underwriter. This brings aboard lrv Schwartz as engineer of work, our firm as bond counsel and Mark Pressman as the underwriter. These are the primary consultants needed to do the assessment proceedings and sell the bonds. The fees of the bond counsel and underwriter are expressly contingent on our selling bonds. 2. Resolution of Intention to Make Acquisitions and Improvements. This is for adoption by the Town Council on April 7. This resolution formally begins the process of assessment and indicates that we will proceed under the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code. That law specifies most of the contents of this resolution, including the intention of the Council to issue bonds at the end of the process. This resolution refers the making of the engineer's report to Irv Schwartz. Under the law, there will be full compliance with the provisions of Proposition 218, including an assessment ballot. 3. Petition. This is the form of petition to be completed and signed by each property owner in the proposed district. Each owner should sign a petition for all the property he or she owns in the district. I am assuming that no residential properties are included. If there are, please let me know before sending out petitions. As to the petitions, only actual owners of record can sign. Please identify each property by Robert Kleinert Tuesday, March 30, 1999 Page 2 assessor parcel number. The original signed petitions will be filed with the Town Clerk. It takes at least 60% of the land area in the district to get started. You can begin circulating petitions right away once you decide on the amount to be assessed and fill that number in the Petition. Please be sure to send me one certified copy of each resolution, as adopted, for the transcript file. Please call with any questions or comments. Very truly yours, SRCbfs Enclosures cc: w / enc Ann Danforth, Town Attorney, Irv Schwartz, Mark Pressman ; I i~ ;i;! " i -" o I ~ - ~ I I~ , II~~ i ~Ii, I ~ ~ ~!~ - . II ! ; ~~ I li ~ IJ lili~ ! iiil i ~~j,UI ~- , I- ~j 'il; I · 'l. ~ !~ .~ !~ r~;! H r If~~ " i ~I ~ '.! ~I ~'s~ II .~ .' ~ ~i~ ;i ~~i . ~. ~ ~ 1-0 dl. "l · ~J ~~ 5aM g Ii ~m~ ;Ih Ii III ; .' I If I -! ~ 1:<:; J: .ftlQ' ~~.t:W ....~ I , ~ ., " , ! i RESOLUTION NO. A RESOLUTION APPOINTING ENGINEER,ATTORNEYS AND UNDERWRITER TOWN OFTIBURON Main Street Assessment District RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the "Town"), County of Marin, California, that WHEREAS, this Council wishes to undertake proceedings pursuant to appropriate assessment and assessment bond acts in and for the Town's proposed Main Street Assessment District (the "Assessment District") for the acquisition and construction of public improvements; WHEREAS, the public interest and convenience will be served by appointing and employing certain consultants, as specified herein, for the preparation and conduct of said proceedings; and NOW, THEREFORE, IT IS ORDERED, as follows: 1. lrving L. Schwartz, 1.L. Schwartz Associates, Inc., Novato, California, is appointed as Engineer of Work and employed to do and perform all engineering work necessary in and for the proceedings, including the preparation of the requisite maps and descriptions of easements, estimate of costs, diagram and assessment. 2. The law firm of Jones Hall, A Professional Law Corporation, San Francisco, California, is appointed and employed to do and perform all bond counsel services for the Town as required in the conduct of the proceedings and in connection with the issuance of special assessment bonds therein. 3. The firm of Mark Pressman Associates, San Francisco, California, is hereby appointed as underwriter to the Town with respect to the proceedings and the issuance, sale and delivery of special assessment bonds therein. 4. The Town Manager is hereby authorized and directed to enter into written agreements with the aforesaid consultants for their services in connection with the proceedings, provided that the compensation of the bond counsel and underwriter shall be contingent upon the sale of bonds and the receipt of proceeds therefrom. ************ ~- c~<: 0c( fA S' (.".lj- "......J .~€~ PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this day of , 1999, by the following vote to wit: AYES: NOES: ABSENT: Mayor ATTEST: Town Clerk -2- AGREEMENT BETWEEN mE TOWN OF TIBURON AND I.L. SCHWARTZ ASSOCIATES. INC.. FOR THE PROVISION OF ENGINEERING SERVICES - MAIN STREET ASSESSMENT DISTRICT ENGINEER RECEIVED MAR 2 2 1999 , l. Schwartz Assoc., IflC. THIS AGREEMENT, made and entered this _ day of March, 1999, by and between the TOWN OF TffiURON, a political subdivision of the State of California, hereinafter called "Town," and I.L. SCHWARTZ ASSOCIATES, INC., hereinafter referred to as "Engineer," RECITALS A The Town has need of an engineer to provide services in connection with the formation and administration of a benefit assessment district and desires to satisfy that requirement by retaining a qualified independent contractor. B. Engineer has the skiU, experience, ability, background, certification and knowledge to serve as the District Engineer. C. The parties wish to contract for the Engineer to provide engineering services to the Town as provided herein. AGREEMENT 1. Scope of Engineer Services. Engineer shaU provide those Services described in the Engineer's letter dated January 21, 1999, a copy of which is attached as Exhibit 1. 2. Compensation. Engineer's compensation for the Services shall be as set forth in Exhibit 1. In the event that the Town requests additional services in connection with the project, Engineer's compensation for those services shall be as set forth in Exhibit 2. 3. Emzineer as Inde.pendent Contractor: Indemnitv. Engineer (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Engineer shall maintain complete control of its operations and personnel and shaU be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. Engineer shall indemnify, defend and hold the Town harmless from any such liability that it may incur to the Federal or State Governments as a consequence of this contract. 4. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and! or evaluation of the Engineer's records and accounts of expenditures and activities of Engineer's performance under this Agreement at Town's own expense. AU such records 1 shall be maintained for period of at least three years after the termination of this Agreement. Engineer shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 5. Insurance. Engineer shall maintain insurance as set forth below. Town shaU be added as an additional insured to all required insurance policies: A Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence for bodily injury, personal injury and property damages; umbrella policy raising the limit to $2,000,000. B. Comprehensive Automobile Liability: Combined single limit of$l,OOO,OOO for each single occurrence for bodily injury and property damages; umbreUa policy raising the limit to $2,000,000. C. Engineers Professional Liability: Combined single limit of $250,000 for each single occurrence for protection against claims alleging negligent acts, errors and omissions. D. Workers' Compensation Coverage: As required by the laws of the State of California. E. The insurance required under paragraphs A and B, above, shall be endorsed with language covering the Town, its officials, officers, employees, agents and volunteers. Such coverage shall be primary insurance to the Town, its officials, officers, employees, agents and volunteers and shall act as though a separate policy had been written for each. Any failure to comply with the reporting requirements of the policies shall not affect coverage provided to the Town, its officials, officers, employees, agents and volunteers. F. The insurance required by this Paragraph shall not be suspended, voided, canceled or reduced in coverage or in limits except after the Town has received thirty days written notice. G. Evidence of compliance with the insurance and endorsement requirements of this Paragraph shall be subject to the approval of the Town Attorney. 6. Ownership of Documents: Re-Use: Indemnity. All plans, studies, documents and other writings prepared for and by Engineer, his officers, employees and agents and subcontractors in the course of performing the Services shall be the property of Town and Town shall have the sole right to use such materials in its discretion without further compensation to Engineer or to any other party. Engineer shall, upon request, provide such materials to Town. 2 Town acknowledges that the documents prepared pursuant to this Agreement are intended for use only in connection with the project described in Exhibit 1. Engineer makes no representation that said documents are suitable for re-use on any other project or on any expansion of the original project. Any such re-use by Town without specific written approval by Engineer shall be at Town's sole risk. Town shall indemnifY and hold Engineer harmless from all claims, losses, damages and expenses, including attorneys fees, that may arise from Town's unauthorized re-use of said documents for another project or for any expansion of the Project. 7. Interest of Engineer. Engineer covenants and represents that he does not have any economic interest and shall not acquire any economic interest, direct or indirect, in the area covered by this Agreement that would be affected in any manner or degree by the performance of the Services. Engineer further covenants and represents that in the performance of its duties, no person having any such interest shall perform any services under this Agreement. Engineer will comply with the Town's Conflict of Interest code, 8. Licenses. Engineer represents and warrants to Town that he has all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Engineer to practice his profession. Engineer represents and warrants to Town that he shall, at his sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals that are legally required of Engineer to practice his profession. 9. Termination of Contract. This Agreement may be terminated immediately by Town for cause or by either party without cause upon 10 days written notice of termination to the other party. In event of termination, Engineer shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the Services. Engineer shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 10. Stop Work Order. Town may at any time, by written notice to Engineer ("Stop Work Order"), require Engineer to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Engineer. Upon receipt of the Stop Work Order, Engineer shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13. Engineer shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Engineer shall receive an equitable adjustment in compensation 3 11. Discrimination. In the performance of the terms of this Agreement, Engineer shaU not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 12. Mediation. The parties will make a good faith attempt to resolve any disputes arising from this Agreement through mediation prior to initiating litigation. The parties shaU mutuaUy agree upon a mediator and shall share the costs of mediation equaUy. If the parties are unable to agree upon a mediator, the dispute shaU be submitted to JAMS/ENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shaU have the option to strike two of the five mediators selected by JAMS and the mediator thereafter remaining shall hear the dispute. 13. Miscellaneous. A Other Contract Provisions. Other contract provisions are set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shaU prevail. B. Governing Law. This Agreement shaU be governed by the laws of the State of California. C. Severability. If any prOVISion of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materiaUy change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement: Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. 14. This Agreement includes the foUowing Exhibits, which are attached hereto and incorporated herein by reference: Exhibit 1 Exhibit 2 Letter Proposal January 21, 1999 Personnel Charges 4 IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. Z ASSOCIATES, INC. TOWN OF TffiURON By: ROBERT L. KLEINERT m'JN MANAGER APPROVED AS TO FORM: Ann R. Danforth, Town Attorney 5 I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING January 21,1999 Robert L. Kleinert, Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 RE: Lower Main Street Assessment District Dear Bob: It is a pleasure for us to provide the Town of Tiburon with the following proposal to provide Assessment Engineering and Civil Engineering Services for the improvements to lower Main Streets in order to resolve certain ADA access deficiencies while at the same time enhancing traffic flow, parking and aesthetics. In order to prepare this proposal, I have met on site with you, the Town Engineer, the Mayor and a Council Member. I have also reviewed your file including the "Tiburon Main Street Task Force, Summary of Task Force Findings" dated August 27,1998. It is my understanding that the street and sidewalk area of lower Main Street between Tiburon Boulevard and the turning circle would be improved in order to provide ADA compliant access to all adjoining businesses. As recommended in the Task Force Summary, the design would include two traveled lanes, parking on one side with the sidewalks widened somewhat in order to address the ADA issue and consideration would be given to elimination of the curbs. The actual configuration of the street and parking as well as the sidewalk and street area surfacing materials would be developed in consultation with representatives of the Town, adjacent property owners and business owners. Aside from our own staff, we plan to tap the expertise of Edward Hageman, a long time Marin County Architect, in developing the details for the interface of the new sidewalk and the existing buildings. Once the plans have been sufficiently developed, we will prepare a preliminary cost estimates as well as a proposed Method of Assessment Spread as a part of our function as Assessment Engineer. Additionally, we will prepare the required maps and other documents in consultation with Bond Council and Bond Underwriter in oruer to establish the Assessment District for funding of this project. We propose to include in the budget for the Assessment District, a fee to cover the services of an ADA Consultant in order that the Town can be assured that the design, as developed, complies with all ADA criteria. I have talked to Richard Skaff, who has agreed to perform this service, if desired by the Town. 79 GALLI DRIVE NOVATO, CA 94949-5705 FAX 883-2763 14151 883-9200 ~ ~ I ri:l Page 2 January 21,1999 Robert L. Kleinert:. Town Manager Town ofTiburon RE: Lower Main Street Assessment District Continued Our current schedule will allow us to begin work on this project within two weeks of your authorization to proceed. The first order of work relative to the actual design of the project will be to perform a detailed Topographic Survey of the area and the first order of work relative to the Assessment District will be to prepare the Proposed Boundaries Map for incorporation into the petition asking the Town to cornmence Assessment District proceedings. Construction Documents including detailed plans and specifications for the improvements would be completed by us within twelve weeks of your authorization to proceed after which bids would be solicited and the public meetings and hearings scheduled in order to conclude formation of the District towards the end of 1999 so that construction could commence following the Christmas 1999 shopping season. A listing of the scope of services that we would provide to the Town of Tiburon are as follows: 1. Civil Engineering a. Prepare a detailed Topographic Map of the street and adjacent area. b. Meet with affected property owners, business owners, utility agency representatives and Town representatives to coordinate the design of the project. c. Prepare detailed construction plans, details, and contract documents for construction of the improvements. d. Provide telephone consultation with Town representatives, bidders, owners, and utility agency representatives to answer engineering questions about the improvements. 2. Assessment Engineering a. b. Prepare map showing proposed boundaries of the Assessment District. Check the adequacy of signatures on the petitions for the project. Prepare a general description of improvements. Prepare an estimate of the cost of the improvements. Prepare an Assessment Diagram showing the parcels of land to be assessed. Prepare a written rational for the spread of the assessment over the properties within the District Prepare assessment of the total cost of the improvement on benefited parcels of property within the assessment district. Prepare a list of the names and addresses of all owners of land within the assessment district in accordance with the records of the County Assessor. Attend up to two general meetings and up to three Town Council meetings/hearings. c. d. e. f. g. h. 1. I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING -i ~ I Page 3 January 21, 1999 Robert L. Kleinert, Town Manager Town ofTiburon RE: Lower Main Street Assessment District Continued Our scope of services proposed at this time does not include preparation of Environmental Documents, Construction Coordination and Contract Administration, Construction Staking, or Construction Inspection. Using our standard hourly rates and our estimation of the time involved to perform the various tasks outlined above, our fixed fee for Civil Engineering services including the services of Edward Hageman, is $24,750,00. Our fixed fee for Assessme;:nt Engineering services is $5,150.00. Any authorized extra work will be charged at our standard rates unless other prior arrangements are made. We look forward to working with the Town of Tiburon on this project and are ready to commence work, as stated above, within two weeks of your authorization to proceed on the attached Work Order and Agreement. However, if you have any questions or desire additional information or would like my attendance at a Town Council meeting, please feel free to call on me. Irving L. Schwartz, C. ILS/dlh CORRESPO.JOB MAINSTPR.L TR I.L SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING "I ~ 8 m ~ I.L. SCHWARTZ ASSOCIATES, INC. CIVil ENGINEERING AND LAND SURVEYING PERSONNEL CHARGES SHALL BE AS FOLLOWS: Principal.............................................................................................$120.00 per hour Senior Civil Engineer / Senior Land Surveyor ..................................$ 98.00 per hour Civil Engineer / Land Surveyor .........................................................$ 88.00 per hour Senior Drafter / Senior Technician ....................................................$ 78.00 per hour Drafter / Technicia.!1...........................................................................$ 68.00 per hour Survey Crew (2-persons)....................................................................$136.00 per hour Survey Crew (3-persons)....................................................................$204.00 per hour Clerical...............................................................................................$ 36.00 per hour Travel time to and from job site, is charged in accordance with foregoing schedule. The charge for Court Appearance or Deposition is $200.00 per hour (4 hours per day minimum). The minimum charge for attendance at a public hearing or public meeting outside of normal business hours is $240.00. MISCELLANEOUS CHARGES: Special or outside services are charged at cost plus 15 percent. Extra printing of work already completed is charged on a time and expense basis. Minimum charge is $5.00. FEES: 10 the absence of specific arrangements to the contrary, the client shall pay the cost of outside professional services, including soils engineering and/or testing and aerial mapping and also checking and inspection fees, application and permit fees, bond premiums and title company charges. Effective November I, 1997 GEN.SECYDATA PERSCHGS.DOC EXHIBITNO.~ 79 GALLI DRIVE NOVATO, CA 94949-5705 (415) 883-9200 FAX 883-2763 RESOLUI10N NO. A RESOLUI10N OF INTENTION TO MAKE ACQUlSmONS AND IMPROVEMENI'S TOWN OFTIBURON MAIN SlREET ASSESSMENT DISIRICT RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the "Town"), County of Marin (the "County"), State of California, as follows: 1. Intention. The public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof in and for the Town's proposed Main Street Assessment District (the" Assessment District"). 2. Law Applicable. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Act"). 3. Nature and Location of and Grades for Improvements. All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on the plans, profiles and specifications. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on the plans to be done therein. The streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County and shall be shown upon the plans. 4. Change of Grade. Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed and that the work will be done to the changed grades. 5. Work on Private Property. 10 cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. 6, Official Grades. This Council does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon the plans, profiles and specifications. All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this Town. 7. Descriptions - General. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. 8. Special Benefit and Boundary Map. The contemplated acquisitions and improvements, in the opinion of this Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon the Assessment District, the exterior boundaries of which are shown on a map thereof on file in the office of the Town Clerk, to which reference is hereby made for further particulars, The map indicates by a boundary line the extent of the territory proposed to be included in Assessment District and shall govern for all details as to the extent of the Assessment District. 9. Engineer's Report. The acquisitions and improvements are hereby referred to Irving L. Schwartz, C.E., being a competent person employed for the purpose hereof, as Engineer of Work for this assessment district (the "Engineer of Work"), and the Engineer of Work is hereby directed to make and file with the Town Clerk a report in writing (the "Engineer's Report"), presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvements if the improvements are not already installed. The plans and specifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the Assessment District is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the Engineer's Report as a combined document. (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements. (d) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any cost of issuing and registering bonds. (e) A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: (1) The exterior boundaries of the Assessment District. (2) The boundaries of any zones within the Assessment District. (3) The lines and dimensions of each parcel of land within the Assessment District. Each subdivision, shall be given a separate number upon the diagram. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. - 2- (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the Assessment District in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses, 10. Use of Surplus. If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of the Act, for one or more of the following purposes: (a) Transfer to the general fund of this Town, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment or for the redemption of bonds, or both; or (c) For the maintenance of the improvements. 11. Contact Person. Irving L. Schwartz, C.E., Engineer of Work, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at 79 Galli Drive, Novato, California, 94949, or by calling telephone number (415) 883-9200. 12. Contracts with Others. To the extent that any of the work, rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this Town, or of any public utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of the Act, which agreement may provide for, among other matters, the ownership, operation and maintenance by such agency or utility of the works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by the agency or utility and for the providing of service to the properties in the area benefiting from the work, rights, improvements and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 13. Improvement Bonds, Notice is hereby given that serial and/ or term improvement bonds to represent unpaid assessments, and bear interest at the rate of not to exceed such rate of interest as may be authorized by applicable law a the time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Bond Law"), the last installment of which bonds shall mature not to exceed twenty-five (25) years from the second day of September next succeeding twelve months from their date. The bonds shall be issued in such series and shall mature in such principal amounts at such times as shall be determined by this Council at the time of the issuance of such bonds. The provisions of Part 11.1 of the Bond Law, providing an alternative procedure for the advance payment and calling of bonds, shall apply to the bonds - 3- issued in these proceedings. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of the Bond Law. It is the intention of the Town that the Town will not obligate itself to advance available funds from the treasury of the Town to cure any deficiency in the redemption fund to be created with respect to the bonds; provided, however, that a determination not to obligate itself shall not prevent the Town from, in its sole discretion, so advancing funds. 14. Refunding of Bonds. The bonds may be refunded pursuant to the provisions of Division 11.5 of the California Streets and Highways Code upon the determination of the Council of the Town that the public interest or necessity requires such refunding. Such refunding may be undertaken by the Council when, in its opinion, lower prevailing interest rates may allow reduction in the amount of the installments of principal and interest upon the assessments given to owners of property assessed for the works herein described. The refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of the Council expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the refunding bonds. The refunding shall be accomplished pursuant to Division 11.5 (commencing with Section 9500) of the California Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Council finds that each of the conditions specified in the resolution of intention to issue the refunding bonds is satisfied and that adjustments to the assessments are on a pro-rata basis, the Council may approve and confirm the report and may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11.5 of the California Streets and Highways Code. 15. Division 4. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code of California which are on file in the office of the Town Clerk. 16. No Private Contract. Notice is hereby given that, in the opinion of this Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and therefore that, pursuant to Section 20487 of the California Public Contract Code, no notice of award of contract shall be published. ************ -4- PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this day of , 1999, by the following vote to wit: AYES: NOES: ABSENT: ATTEST: Mayor Town Clerk -5 - EXHIBIT A TOWN OFTIBURON Main Street Assessment District DESCRIPTION OF WORK Within the Town of Tiburon, County of Marin, State of California, the construction and acquisition of the following public improvements, including the acquisition of all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplislunent thereof, including all required clearing, grubbing, relocation of existing improvements, trenching, backfill, installation of base material, wearing surfaces, curbs, monuments, signage and striping (and including, but not lirnited to the removal and disposal of toxic materials related to the public improvements), all in accordance with the standards of and plans and specifications to be approved by the Town of Tiburon: The reconstruction of sidewalks and street pavement, including adjustments to storm drainage, utility and other streetscape features within Main Street between Tiburon Boulevard and the westerly side of the property at 55 Main Street know as Assessor's Parcel Number 60- 105-80, and all other improvements and appurtenances necessary to make the above stated portion of Main Street and its access connections to the abutting buildings be in compliance with the Americans with Disabilities Act (ADA). A-I PETITION FOR IMPROVEMENTS UNDER SPEOALASSESSMENT ACTS AND WAIVER OF PROCEEDINGS UNDER DIVISION 4 OF 1HE STREETS AND HIGHWAYS CODE OF CALIFORNIA TOWN OFTIBURON Main Street Assessment District The Honorable Town Council Town of Tiburon c/o Mr. Robert Kleinert 1505 Tiburon Blvd Tiburon, CA 94920 Members of the Council: The undersigned respectfully petition and show that: 1. They are all of the owners of record (as shown on the Assessor's Roll, or in the Assessor's records, of the County of Marin, on which general taxes are collected) of more than 60% in area of the assessable property within the proposed assessment district hereinafter described. 2. You undertake special assessment proceedings and issue assessment bonds for the proposed acquisitions and improvements described in Exhibit A attached hereto. 3. You assess the costs of such acquisitions and improvements, which together with the incidental expenses of said proceedings are in the total estimated amount of $ , upon the proposed district benefited thereby, the boundaries of which are shown on a map to be filed in the office of the Town Clerk. Pursuant to Section 2804.3 of the Streets and Highways Code of the State of California, none of the parcels proposed to be subject to the assessments are now used primarily for residential purposes. 4. They waive the taking of proceedings under Division 4 of the California Streets and Highways Code pursuant to Section 2804(a)(3) thereof. They understand that in doing so they are waiving certain rights to protest against and stop the formation of the proposed assessment district. 5. They do not waive preparation of a report showing the estimate of the costs of the acquisitions and improvements divided among the lands benefited, the conduct by you of a public hearing and assessment ballot as required by law after written notice to us, and our rights to protest under the law. Dated: THE PROPERTY IS ,19_ Respectfully submitted, THE RECORD TITLE OWNER IS: County of Marin Assessor's Parcel No(s).: Print or Type Name(s) By: Title: EXHIBIT A TOWN OFTIBURON Main Street Assessment District DESCRIPTION OF WORK Within the Town of Tiburon, County of Marin, State of California, the construction and acquisition of the following public improvements, including the acquisition of all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof, including all required clearing, grubbing, relocation of existing improvements, trenching, backfill, installation of base material, wearing surfaces, curbs, monuments, signage and striping (and including, but not limited to the removal and disposal of toxic materials related to the public improvements), all in accordance with the standards of and plans and specifications to be approved by the Town of Tiburon: The reconstruction of sidewalks and street pavement, including adjustments to storm drainage, utility and other streetscape features within Main Street between Tiburon Boulevard and the westerly side of the property at 55 Main Street know as Assessor's Parcel Number 60- 105-80, and all other improvements and appurtenances necessary to make the above stated portion of Main Street and its access connections to the abutting buildings be in compliance with the Americans with Disabilities Act (ADA). A -1 TIBURON TOWN COUNCIL STAFF REPORT MEETING: TO: FROM: SUBJECT: April 7, 1999 TOWN COUNCIL RICHARD STRANZL, FINANCE DIRECTOR FISCAL YEAR 1998-99 BUDGET REVISIONS ITEM: Je!).. BACKGROUND: This item is to provide information concerning revisions to the adopted Municipal Budget Plan for Fiscal Year 1998-99. Tables outlining the adopted appropriations and subsequent revisions for the Operating Budget, Planned Reallocations of Funds, and Capital Improvement Program are presented in the following sections. GENERAL FUND REVENUES & EXPENDITURES: 1. General Fund Operating Revenues Adopted Appropriation Revised Estimates Net Change $ 3,511,700 $ 3,756,700 $ 245,000 The overall appropriation is modified by $275,000 in conjunction with projections and revenue trends following the Mid-Year Financial Report to Council. The overall increase is primarily attributable to projected final figures for certain revenues, including: Property Taxes Sales Taxes Investment Earnings Building Permits Vehicle Code Fines Adopted $ 1,150,000 $ 430,000 $ 80,000 $ 190,000 $ 12,000 Total Revenue Appropriation Revisions: Revised $ 1,175,000 $ 490,000 $ 120,000 $ 260,000 $ 62,000 Net Change $ 25,000 $ 60,000 $ 40,000 $ 70,000 $ 50,000 $ 245,000 (Council will receive updated information concerning 1999 final revenue estimates in the forth coming Third Quarter Financial Report) Fiscal Year 1998-99 Budget Plan Revisions to Appropriations Town Council, April 7, 1999 1 2. General Fund Operating Expenditures Adopted Appropriation Revised Appropriation Net Revisions $ 3,456,600 $ 3,567,400 $ 110,800 Subsequent to adoption of the 1999 budget, labor contracts and other compensation adjustments have been accepted and approved. The initial Budget Plan included provision for a three percent adjustment to salary and retirement benefits costs: Subsequent labor contract agreements and approved adjustments have resulted in further adjustments to salary, medical insurance, and retirement benefit compensation for represented Public Safety and Miscellaneous personnel, and Non-Represented Staff There are also changes that are the result of increased building construction and permit activity, and resolution of the staffing issues regarding Public Works and Engineering. The following section outlines important revisions to the expenditure appropriation in 1999. Summary ofImportant Revisions: Revisions 1. Contract Agreement Salary & Benefit Adjustments $ 40,800 2. Contract Public Works Parks Maintenance Worker $ 15,000 Resolution of the issues concerning augmentation of Public Works Field Staff have been pending while Staff and Council considered employment of a full-time Town Engineer to direct the Public Works. The Town has elected to continue to contract for part-time Engineering Services, therefore additional funds are appropriated to fund ongoing contract Maintenance Worker costs. 3. Contract Building Inspector $ 40,000 The Town elected to appropriate funds for contractual services following an unsuccessful effort to fill the full-time position last year. Construction and building permit activity has remained strong, and the need to have the Contract Inspector available at 75% to 80% time has remained. The revenues associated with these services have bee strong. Funds associated with permit activity are appropriated for Contract Inspection services. 4. Casual Hire Records Management Effort $ 15,000 In recent years the Town has utilized Casual Hire to review Planning and Building records in order to reduce file size and prepare them for micro-fiche. This effort has recently been expanded to further review and organize streets and engineering files that are located in the Public Works Building. The Town receives a plan storage fee with each building and design review application. Revenues associated with these fees are appropriated for records management activity. Total Expenditure Appropriation Revisions: $ 110,800 Fiscal Year 1998-99 Budget Plan Revisions to Appropriations Town Council, April 7, 1999 2 The foUowing table provides a summary of Department expenditure appropriations, including revisions, for 1999. Table: Summary of Department Expenditure Appropriations, FY 1999 Dl:Partment Ado,pted Revised Net Chanae Town Attorney $ 163,400 $ 164,900 $ 1,500 Town Administration $ 539,800 $ 547,300 $ 7,500 Administration Building $ 31,800 $ 31,800 $ 0 Planning $ 295,000 $ 298,800 $ 3,800 Building Inspection $ 149,700 $ 203,900 $ 54,200 Police $ 1,608,800 $ 1,628,100 $ 19,300 Police Building $ 17,800 $ 17,800 $ 0 Town Engineer $ 45,000 $ 45,000 $ 0 Public Works Streets $ 326,400 $ 323,800 $ (2,600) Public Works Parks $ 186,600 $ 213,700 $ 27,100 Street Light System $ 45,500 $ 45,500 $ 0 Public Works Facility $ 26,800 $ 26,800 $ 0 Town Council $ 16,000 $ 16,000 $ 0 Town Commissions $ 4,000 $ 4,000 $ 0 Column Totals: $ 3,456,600 $ 3,567,400 $ 110,800 (Council will receive updated information concerning 1999 final expenditure estimates in the forth coming Third Quarter Financial Report) 3. Overview of Revised Revenue & Expenditure Appropriations Adopted Revised Net Appropriation Estimate Chanlle Revenues $ 3,511,700 $ 3,756,700 $ 245,000 Expenditures $ 3,456,600 $ 3,567,400 $ 110,800 Net Excess (deficiency) $ 55,100 $ 189,300 $ 134,200 Revenues less Expenditures Fiscal Year 1998-99 Budget Plan Revisions to Appropriations Town Council, April 7, 1999 3 4. Planned TransferslReallocations of Funds Initially Adopted Transfers/Reallocations $ -0- Subsequent items: 1. Advance to Gas Tax Fund, to perform streets projects From General Unallocated Reserve To be repaid with future Gas Tax proceeds $ 156,000 2. Reallocation to Police Construction Fund From General Unallocated Reserve $ 336,000 3. Transfer to Downtown Main Street ADA Project Fund From General Unallocated Reserve Town contribution to project $ 60,000 Total Transfers/Reallocations: $ 552,000 CAPITAL IMPROVEMENT PROGRAM 1. Street Improvement Program Adopted Appropriation - Streets, Engineering & Contingency Revisions to Streets Plan Associated with FCZ4-Bel Aire Project Projects advanced from FY2000 Plan & added as Alternate for completion Greenwood Beach Road, deferred pending MMWD $ 432,900 $ 129,400 $ 166,000 ($ 40,000) Total Revised Streets Appropriation: $ 688,300 2. Drainage Improvement Program Adopted Appropriation - Drainage & Contingency Revisions to Drainage Plan FCZ4-Bel Aire Project (County Funded) $ 127,000 $ 700,000 Total Revised Drainage Appropriation: $ 827,100 Fiscal Year 1998-99 Budget Plan Revisions to Appropriations Town Council, April 7, 1999 4 3. Community Development Improvements Adopted Appropriation Revisions to Community Development Improvements Public Works Corp Yard Roofing - advance project Police Building Project - changed appropriation Tiburon Boulevard Median Landscape Town HaU Trellis Construction - completed prior Blackie's Pasture Park Restroom - completed prior Downtown Historical District Study - completed prior $ 2,088,400 $ 8,500 $ 242,000 $ 5,000 ($ 1,500) ($ 34,000) ($ 8,000) Subtotal Revised Community Development: $ 2,300,400 *** Downtown Main Street ADA Assessment District Anticipated Assessment Engineering & Technical Costs $ 20,000 Although General Fund Reserve monies($60,000) have been aUocated to the Project in 1999, the majority of expenditures (project construction) will take place in FY2000. In FY1999, it is likely that some funds be expended on engineering and other professional and technical services. Staff recommends that $20,000 be appropriated in anticipation of these expenses, if they are delayed or deferred the appropriation wiU be carried forward. Subtotal Revised Community Development: $ 2,320,400 RECOMMENDATION: That Town Council accept report concerning revisions to appropriations. Staff will revise General Fund Revenue and Expenditure and other Capital Project Appropriations, accordingly, and incorporate such figures in subsequent Financial Reports to Council. ~ R. Stranzl Fiscal Year 1998-99 Budget Plan Revisions to Appropriations Town Council, April 7, 1999 5 TOWN OF TIBURON STAFF REpORT ITEM NO. I 3 (A-. ) , To: MAYOR AND TOWN COUNCIL From: ANN R. DANFORTH, TOWN ATTORNEY Subject: REQUEST FOR WAIVER OF TOWN PLANNING AND BUILDING FEES TIBURON PENINSULA CLUB Date: April 7, 1999 BACKGROUND The Tiburon Peninsula Club ("TPC") has requested an amendment to its conditional use permit that would allow a substantial expansion of its recreational facilities. The TPC has requested that the Town waive its normal processing fees, estimated to amount to approximately $10,000. The Town imposes fees for applications, permits and services pursuant Resolution No. 2953, the Town's most recent fee schedule. The purpose of these fees is to recover the costs of processing applications and providing the other services of the Planning and Building Department. The Zoning Ordinance authorizes the Town Council to waive the normally applicable fees. On March 17, 1999, the Council adopted Resolution No. 3323, establishing a policy to govern fee waiver requests. A copy of this policy is attached. ANALYSIS The Town's fees are imposed to recover the Town's costs in providing services. Accordingly, a waiver offees has the effect of transferring a portion of the project costs from the project applicant to the residents of the Town. Under the Town's Fee Waiver Policy, a waiver is granted only in limited circumstances where the project will have substantial public benefit to the people of the Town of Tiburon and the project applicant is unable to pass the project costs through to the project beneficiaries. In evaluating the Council's request, the Council should consider the following factors: A. Whether the applicant is a governmental agency, a charitable non-profit organization, a private individual or a for profit organization. A private individual or for-profit entity shall not be eligible for a fee waiver unless substantially all of the benefit of the TPCFeeWaiverRequest.REP.doc 1 TPC Fee Waiver Request April 7, 1999 Page 2 of2 project will accrue to a charitable, non-profit organization. B. If the applicant is a non-profit entity with the power to impose dues or fees, or otherwise has the power to raise revenue to fund the project from project beneficiaries, the extent to which the project will benefit residents of the Town of Tiburon that are not subject to such power. For example, if the applicant has dues paying members, the Council will consider waiving fees only to the extent that the project will benefit non-member residents in the Town ofTiburon. C. The extent to which the project will benefit the general public of the Town ofTiburon. The TPC is a non-profit organization that charges fees to members for the use of its facilities. Accordingly, under the Town's Fee Waiver Policy, the TPC may be eligible for a waiver of up to fifty percent of the normally applicable fees. The extent of the waiver should depend on the extent to which the new facilities will be available to non-members either without charge or for a fee less than the proportionate cost of providing the facilities to non-members. The TPC's request does not provide any information as to the project's benefits to non-members. However, the TPC's manager, Barbara Matthew, is preparing a letter to explain how the benefits of the TPC's project will extend beyond the TPC's membership and merit a fee waiver. We expect to receive this letter before the April 7th Council meeting. If after reviewing the evidence from Ms. Matthew and hearing other public testimony, the Council finds that the project will provide a public benefit to non-TPC members that will not be recouped by user fees, the Council should grant a waiver of up to fifty percent of the normal fees. However, if the Council finds that non-members using the project facilities will pay a fee commensurate with the benefit received, the Council should deny the waiver request. RECOMMENDATION The Council should consider the request and supplemental letter and determine whether the TPC's project will have and any additional situations where a partial or total fee waiver is appropriate; and after making any appropriate revisions, adopt the attached resolution. EXHIBITS Resolution No. 3323 (Fee Waiver Policy) TPC Fee Waiver Request RESOLUTION NO. 3323 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLlSING A POLICY TO GOVERN THE PARTIAL AND TOTAL WAIVER OF TOWN FEES WHEREAS, the Town of Tiburon assesses fees upon project applicants for the purpose of recovering the administrative and processing costs of such project applications; and WHEREAS, Section 3.01.08 of the Town's Zoning Ordinance provides that the Town Council may waive any fees required under the Ordinance for any public, quasi-public body, district or agency of the Federal, State, County or Municipal government; and; WHEREAS, such fees are set by resolution of the Town Council and the Council wishes to establish a policy governing applications for fee waivers. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon as foUows: 1. Any public, quasi-public body, district or agency of the Federal, State, County or Municipal government may apply for a total or partial waiver of Town fees as set forth in this Resolution. 2. In considering a fee waiver application, the Council will consider the following factors: A Whether the applicant is a governmental agency, a charitable non-profit organization, a private individual or a for profit organization. A private individual or for-profit entity shall not be eligible for a fee waiver unless substantially all of the benefit of the project will accrue to a charitable, non-profit organization. B. If the applicant is a non-profit entity with the power to impose dues or fees, or otherwise has the power to raise revenue to fund the project from project beneficiaries, the extent to which the project will benefit residents of the Town of Tiburon that are not subject to such power. For example, if the applicant has dues paying members, the Council will consider waiving fees only to the extent that the project will benefit non-member residents in the Town of Tiburon. C. The extent to which the project will benefit the general public of the Town ofTiburon. 3. If the Council finds the applicant is eligible under Section 2.A of this Resolution, and does not have the power to fund the project's costs by raising revenue from the project's beneficiaries, 1 the Council may grant a waiver of up to 100% of the otherwise-applicable fees. The Council shall determine the amount of the waiver granted based on the percentage of project benefit that will be realized by the general public of the Town ofTiburon. 4. If the Council finds the applicant is eligible under Section 2.B of this Resolution, the Council shaU determine the amount of the waiver based on the percentage of project benefit that will be realized by those residents of the Town that are not subject to the applicant's revenue- raising powers. In no event shaU the waiver exceed 50% of the otherwise-applicable fees. 5. This resolution shall only apply to fees imposed pursuant to the Schedule of Fees adopted by the Town Council to recover the Town's internal processing and administrative costs. The project applicant shall remain responsible for paying the cost of any outside consultants or other costs incurred by the Town in connection with the processing of the project application. Such outside costs include, without limitation, the cost of retaining plan-checkers and environmental consultants. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on March 17, 1999, by the following vote: AYES: COUNCIL MEMBERS: Bach, Gram, Hennessy, Matthews, Thompson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOGENS BACH, MAYOR Town of Tiburon ATTEST: DIANEL.CRANE, TOWN CLERK 2 Tiburon Peninsula Club P.O. Box 436, Tiburon, CA 94920 (415i 435-0968 Fax (415) 435-6629 fr [/0 ~ 'p Tiburon Town Council Town of Tiburon 1505 Tiburon Blvd. Tiburon, California 94920 RECEIVED FEf; 1 6 1999 Dear Members of the Tiburon Town Council, TOWN MANAGERS OFFICE TOWN OF TlBURON For as long as you have been involved with the affairs of the Town of Tiburon, I'm sure that you have been hearing about the Tiburon Peninsula Club's potential plan for updating and expansion. Last year, the Club was 50 years old. Our need for an "Approved" Master Plan has never been greater than at this point in our history. The Club has been attempting to move this process ahead for the entire 10 years that I have been the manager of TPC. We have now submitted another application. This will be the third time that TPC has attempted to conclude this process successfully during my tenure at the Club. As a non-profit organization with a long history of serving the recreatiortal needs of both the adults and young people of the community, we hope that the Council will recognize that we are a unique entity and a valuable asset to this area. The club is neither a developer who will leave town nor a resident who will someday move from this community. The club plans to be here forever to help provide the recreational amenities so badly needed in the Belvedere/Tiburon area. Consequently, the Club needs every bit of assistance and support that we can engender so that we will firtally have an official plan for accomplishing all of the modernization that needs to be done to the TPC. Therefore, the Club respectfully requests that you cO!1.Sider waiving the 30 per cent processing fee that is currently being applied to Environmental Impact Reports. This is our second EIR. Even though this is just an update, the cost of this report plus the first one will be approximately $80,000. Your processing fee will add another $10,000 to this cost. We ask that the Council consider our non-profit status and our contributions to the community and please vote to waive this fee for the Club. Thank you for taking the time to consider this important matter' Sincerely, ~. ~/~,- .) Barbara Mathew, Martager TPC TOWN OF TIBURON STAFF REpORT ITEM NO. t ~6 ) , MEETING DATE: 4/7/99 To: From: Subject: Date: TOWN COUNCIL SCOTT ANDERSON, PLANNlNG DIRECTOR ~ REQUEST FOR WAIVER OF FEES NATIONAL AUDUBON SOCIETY 4/2/99 BACKGROUND The National Audubon Society maintains its Richardson Bay Nature Sanctuary and Headquarters on Greenwood Beach Road in Tiburon. An application has been filed for a remodel of the existing classroom and nature store at the site, as well as construction of a new entrance. The design review application has already been approved, and the building construction drawings are in the plan-check phase of review. The Audubon Society, through its representative Steven Podesta, is requesting a waiver of Town fees associated with the project. The following Town fees have been or would be charged for the project: Design Review: $150.00 (Paid) Building Permit: $1,683.00 ($495.00 Paid to date for outside service plan check) Business License: (for contractor) $96.00 ANALYSIS Under the Town's recently adopted fee waiver policy, the National Audubon Society, as a charitable non-profit organization funded by donations with no ability to recover through project beneficiaries, is eligible for up to a 100% waiver offees. The Council is directed to determine the amount of the waiver based upon the percentage of project benefit that will be realized by the general public of the Town of Tiburon. As described in the attached request for waiver, the project and use do benefit the Town and its citizens as well as many others in the region. On that basis, Staff would recommend fee waivers as follows: Tiburon Town Council Staff Report 4/7/99 1 Design Review fee of$ISO: Grant 80% waiver ($120.00). Building Permit fees . Outside service plan check fee of $495.00: The policy allows no waiver for this cost. . Plan Storage fee of$25.00: No waiver (the Town pays a part-time person for this work). . State Seismic Tax of $8.00: No waiver of the State Tax is appropriate. . Business License fee of$96.00: No waiver is appropriate. . Building, Plumbing, Electrical, & Mechanical fees of$I,059.18 Waive 80% ($847.34). The total fees waived would be $96734 of total fees due of$I,833.18 (53%). EXHmITS 1. Letter from Steven Podesta dated 2/8/99. Tiburon Town Council Staff Report 4/7/99 2 Professional construcnon management for homeowners, nonprot1ts and businesses . - New Homes - Remodels -feasabilicy Srudies .Oispme Resolution . Expert Witness . 124 Locust Avenue Mill Valley California 9494-1 Tel 411.j89.6146 Fax 411.j89.9811 .--..---..-- -*. Steven Podesta The Owners Advocate February 8, 1999 RECEIVED FEB 1 0 1999 Scott Anderson Director of Planning Tiburon Planning & Building Department 1 505 Tiburon Boulevard Tiburon, CA 94920 PLANNING DEPARTMENT TOWN OF TlBURON Dear Scott, I am seeking a waiver of the building permit fees for an upcoming construction project at the National Audubon Society's Richardson Bay Nature Sanctuary on Greenwood Beach Road, In general, the project is a remodel of the building that houses the classrooms and the nature store. The value of the project is roughly $150,000, Without relief, I am anticipating that the Audubon Society would have to pay roughly $2,500 for building permits and plan checking. The Richardson Bay Sanctuary is a very valuable asset to the town of Tiburon. Every year, thousands of children attend the educational programs offered at the sanctuary. Thousands of others hike the nature trails of this unique property Wednesday through Sunday. While the sanctuary is helping youth and adults to better appreciate nature, it is also bringing a great deal of money into the community, because those that visit buy food, gas and other items. As with most nonprofit construction projects, money is hard to come by. We are currently looking for an additional $30,000 for exhibits in the new "Exhibit" area, If the city agrees to waive the building permit and plan check fees, you can be certain that the money saved would be used on these educational exhibits. We hope to apply for a building permit this Friday, the 12th. I would very much appreciate anything that you can do for us, We have already received design review approval. Emi Theriault was the planner. Thank you. Sincerely, Steven Podesta FXHIBIT NO..-L TOWN OF TIBURON STAFF REpORT To: From: Subject: Date: ITEM NO. /f MEETING DATE 4/7/99 TOWNCOUNC~ ~A,/ SCOTT ANDERSON, PLANNING DIRECTOR )K-l ANNUAL GENERAL PLAN STATUS REPORT FOR 1998 MARCH 31, 1999 BACKGROUND Government Code Section 65400 requires that an annual report be prepared by the planning agency of each town or city, which is then forwarded to the appropriate legislative body, on the status of the General Plan and progress in its implementation. In Tiburon, the "planning agency" is the Planning Commission. The statute specifically requires a progress report on meeting the community's regional fair share housing allocations. Furthermore, the statute requires that the annual report include a description of "local efforts to remove governmental constraints to the maintenance, improvement, and development of housing." These topics are addressed on Page 2 of the annual report. State law also requires that the annual report be forwarded to the State Department of Housing and Community Development (HCD) in Sacramento each year. The Planning Commission reviewed the report at its meeting of March 24, 1999, and recommended its adoption by the Town Council. RECOMMENDA nON It is recommended that the Town Council review the draft annual report, make any desired revisions, and direct Staff to forward the report to the State Department of Housing & Community Development. ATTACHMENTS 1. Draft annual report for Calendar Year 1998. TOWN OF TmURON CALENDAR YEAR 1998 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT PREPARED BY TOWN OF TffiURON PLANNING DEPARTMENT ENDORSED BY TOWN OF TffiURON PLANNING COMMISSION ON MARCH 24, 1999 ADOPTED BY TffiURON TOWN COUNCIL ON , 1999 1998 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT (DRAFT) MARCH 24, 1999 1 INTRODUCTION This report is intended to satisfY statutory requirements of Government Code Section 65400 concerning the status and implementation of the Town ofTiburon General Plan. The following is an element-by element summary of the General Plan status for 1998. CIRCULATION ELEMENT The Circulation Element was adopted in 1989 and extensively amended in 1994. It is anticipated that the recent revisions to the Circulation Element will keep that element viable for at least another two (2) years. Periodic monitoring oftraffic counts and reassessment of policies will continue to occur as needed. The latest results of traffic counts (taken in June, 1995) contained no surprises and indicate that signalized intersections are operating as predicted and in many cases, are operating better than predicted by the Town's Traffic Model. At the Tiburon Wye, Caltrans made some minor striping and signalization improvements at the Southbound U. S. Highway lOl off-ramp to Tiburon Boulevard and E. Blythedale Avenue These appear to have made only a minimal effect on traffic stacking from the southbound ramp. Marin County, with assistance from Tiburon and Mill Valley, is leading the effort for a significant improvement at the southbound off-ramp. Such an improvement is several years away, at best. The Town has accumulated approximately $80,000 in a dedicated account for improvements at the Tiburon Wye, and will coordinate expenditure of the funds with Marin County as improvements are proposed in the future. These funds would probably be contributed to the southbound off-ramp improvement project, as needed. HOUSING ELEMENT The Housing Element was totally revised in 1991. In 1994, an appendix was added to comply with State requirements for "at risk" housing. The State Department of Housing & Community Development found this amendment satisfied the requirements of State law State law currently requires that the Town adopt a new Housing Element by June 30, 2001. Experience has shown that this process can take a minimum of one year to complete, primarily as a result of extensive data collection requirements and public controversy. As witnessed by the controversy involved with the ongoing Corte Madera Housing Element update, state requirements for designating affordable housing opportunity sites generate considerable public interest. Outside consultant services will be required to comply with detailed state requirements for this Element. 1998 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT (DRAFT) MARCH 24, 1999 2 The Town Council should be prepared to allocate funds for this comprehensive Housing Element update in FY 1999-2000. For calendar year 1998, no "below market rate" housing units were constructed in the Town of Tiburon. In the "above-moderate income" housing category, 15 new single family detached dwelling units were constructed, while 6 housing units were demolished. Applications were filed in 1998 for a 25-unit senior housing project at the former Tiburon Town Hall property on Ned's Way With assistance from the Tiburon Redevelopment Agency, this project will provide four very low-income units for ownership by senior citizens. Construction is anticipated to begin in late 1999 or early 2000. Section 65583(c)(3) of the California Government Code requires Housing Elements to "Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. " The Housing Element, at pages 18-26, describes these constraints and concludes that the existing constraints to housing are appropriately balanced with resource protection and quality oflife considerations. Staff is unaware ofany changes during 1998 that would significantly alter the existing framework in which the maintenance, improvement, or development of housing occurs. Tiburon's housing stock is in very good shape overall, and the Town's aggressive Residential Building Report (RBR) program, among others, encourages the maintenance and improvement of residential units prior to their sale. OPEN SPACE & CONSERVATION ELEMENT This element was adopted in 1989 and has not been amended since. The Town Council has requested amendments to this element be pursued during the next round of general plan amendments, including better definitions of certain terms, and incorporation of Resolution No. 2859 concerning secondary ridgelines. Portions of this Element should also be updated to reflect Marin County's adoption ofa revised Countywide Plan in 1994. It is not believed that any dramatic changes to this Element are needed, its content being of a more timeless nature than certain other Elements. LAND USE ELEMENTIDOWNTOWN SUB-ELEMENT The Land Use Element was adopted in 1989. Minor amendments to the Land Use Element/Downtown Sub-element were adopted in 1990, 1991, and 1994. Some updating of this Element, including its Downtown Sub-Element, should be performed in 1999-2000. SAFETY ELEMENT AND NOISE ELEMENT Both of these elements were adopted in 1989 and neither has been amended since then. No need for immediate revision is contemplated for these elements. A more thorough review should be 1998 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT (DRAIT) MARCH 24. 1999 3 considered for 1999-2000. PARKS & RECREATION ELEMENT The Parks & Recreation Element was adopted in 1989 and amended in, 1994. No further amendments are contemplated as being necessary at this time. CONCLUSION The General Plan, through periodic updates and amendments, continues to successfully function as the blueprint for Tiburon's future land use-related decisions. There have been relatively few amendments to general plan law in the past several years. This fact, in combination with relatively few major new development approvals in Tiburon, means that the General Plan has remained current longer than if other circumstances prevailed. The Town's current approach with its General Plan is to periodically review individual elements or small groups of elements to ensure currency and internal consistency. This is largely because of the enormous costs associated with comprehensive General Plan revisions. The Planning Commission and Town Staff believe that this approach is both effective and financially prudent, and recommend that it be continued. Iscottlgpanul98 report. doc 1998 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT (DRAFT) MARCH 24, 1999 4 TOWN OF TIBURON STAFF REpORT ITEM NO. IS- To: TOWN COUNCIL From: TOWN MANAGER TOWN CLERK CRANE Subject: REQUEST FOR USE OF TOWN COUNCIL CHAMBERS -MARlN RAPE CRISIS CENTER Date: April 7, 1998 BACKGROUND The Town was recently contacted by a representative from the Marin Rape Crisis Center for the purpose of holding an event in Tiburon to raise awareness on the issue of sexual assault. The group submitted Special Event Permit application forms for two events: 1) a table at the Tiburon Ferry terminal during commute hours on Friday, April 16; and 2) a "Take Back the Night March and Speak Out" on Monday evening, April 19. For informational purposes, the latter event would not cause street closure in downtown Tiburon or traffic disruption. An estimated 70- 80 participants are anticipated. The permits were approved by the Chief of Police, Planning Director and Superintendent of Public Works, except for the portion of the April 19 event which seeks to hold a gathering after the March at Town Hall and would utilize the Town Hall Council Chambers. RECOMMENDATION That Council consider the above request for use of the Town Council Chambers by the Rape Crisis Center on April 19, 1999. At this time, there are no other meetings scheduled for the Chambers that evening which was why the date was selected for the event. As noted in discussion at the March 17 meeting, the Town has allowed use of the Chambers by other non-profit groups for special events. Since the Town is still in the process of formulating its rental policy for this facility, it has is recommended that a $250 security deposit be required for this event. EXHIBITS --FAX copies of Special Event Permit Applications submitted by Rape Crisis Center F,"OM : RLi1N ~,-R;;S -.. ... &JJJ ~~.~~ P~ONE NO, : 141545a5331 ...,4......-.)..;.......:10 1t.U~ LJI- 'l~UN Mar. 23 1399 04:50PM P2 ~A<X. t1J. TOWN OF TIBURON r u' SPECIAL EVENT PERMIT f-t<;,,({)A'i . DATE OF eVENT: -!J/ Ir.c TIME:(SNltIo F"II) 7-~M o.....A t..(-b PM TYPE OF EVENT: -r;. b I'::J a.A f\\; t\ ;Iltwe. d.iSQ ~ ..,t. e\etlC',,\;~ ~jed Number of "eople ."tlclpated: rj~Cl.r ~ ~ml'T1l^+e C.row d LOCATION: -.-::.JI \'),,~t\ ~<"rl_...l.e "-""":'~o..l NAME & ACDRisa OIl INDMOUAL OR SPoNSORING ORGANIZATION: Sl . T~rro-ce Home I'hc)ne: FIX Numb..: L.1l~- - ~Q;- "'Ii 1<f o Pie... dexrl~ YOUR PLAN for the following: (Illtat:h ftP8nJ/8 m..t, if_liMY! PARKING: '-'-""I a o!.~sa...~ Street Blockage or Cl~...: 'v... '1\ "t'''( .....'" 0.. ~ ~ C\.EAN.UP & RECYCLING. ('~~ "YT~ OF TlBURON) f'." 1tJe. tft,,,, !l'~ ~--~o.J:E. I'IRtT AID: n I a.... 00 ,ow afttlclpate IM"'- _nd ampllftcello. ell"'Plllllnr? " /q . N, __ deecrlbe: Your PetmIt.... Ile 8flprIJVM lIIIIl a", ..-pI of ~OCU_1IDn "'ClWi"lllhat lIle Town of Tiluron nas Ile.n adcIed .. an .. -ti lltIl..mad illlIlQcllO yclut Nurance IIOIlc)' for _ _nl, This nonnally req"1r1S '" -_ant. A ........ ~ only l/Iet YG\I1lava InslnIICe ;. nolllUftIclent. s~ Event InlIqn~ ClIn bt pl/n:llased lhro\lgflllle.lt RlC:l'lallon Otpaltment;ll 435...355 (an for Dana Thor). "Of 0"" qlMd_ pMaining 10 01Ia pennIt, contact Titluron Tvwn C1etk Olene erln. at ~5.7377. YOII ..... fa M.... Y9UI' com....., form 10 TOWfl Hd . 435-243t, 1505 ToINhln IIMf. 84'20. T"ank 1C". Dal.: 3/((1 . ;!lolP,. -<'a J.S~J.. AppIieanl " JD:~G ~ Fr; I)~Cr44 ,4JII1 Cil.i ~ vc... ~c:2-Y 97 .0.1. :!JtJ.4!'1cL Date TO'IIll MMqe, 0.1. ...... FROM '1lRN =LAKS TI1~ Cl<:lr~~:;I:~~ Pruj",t PHONE NO, 141545<]5331 Mar. 23 1999 04:51PM P3 Pa~!: t cf::! The Clothesline Project 8e:1rin~ \Yicllcs,S (0 Violence 3~3iTlst Wom~n Tile CLorl:esf;'~e P,"ojiC: prc;\o'id1.'s (11: Cf1fO';:i::JtilY/Of W{);::c~ lu br:w' .....ifl:,-;.~:.,. h) rl~~:;:" pe:~~'oJt(J! (!.x,":'l1r:;"ol1t:!.! O/~'I'clt:rr<:.:. (md cdchral,," rr...dr fnJJ!.");nrm(:t:-'?'~fr~,,;m I:!t-:/m ;",,' :;..:r.T',or :'fT <J r'!'a""j~1 s:;:lcrl':.{':.'c(JI~rj)/i(('lt:j{X . ..,:.,~"..,'" How lr Bl:"~1I ,., Th...... C!o{:1~51in'..; P:oJ--:n t;.c.:~:.lS: in l~;l)() \\'hl".l: [nl.::"nna,\ uftl1c C.:.l{H: CQU ~':Cli,len':\ ,'\~~!l...~a h;.:.;~'.~:.l r . . c \Jchcsfir:<.: :u:ru~3 ch~ .'iL!~I,gC ~C~~~ ll1 Hy:.Inl1is. l'vl:.lssOl....!m~cU~ wi:h 31 shirt'l J~:)i~n~d bv ~iJn"~"',,')i"'", cd :J...:lS;1uh. r:Ji;'; :md i;l~"::iL \\~l,)!\~:.:n \'icwil~g [h...'" ch>lil"::il;tl~ l.:Jme t~Jn\lJn! t.., ere;\!; shirt; of 6c:r ,'}\\n :ltld the line jus~ k:pt !.'_\)\4'i~lg. ?i~t:e th:Jl firsT dl.~ri~)' the Praj~ei h:I.~ groWl' ll' 300... h,c:,!.1 C!vth-:s:ir~~ Proj..:e.::s na(~\Ir.~,lly ;l::d tl1{~m"Liord:y. witiJ ~n esdma(aJ j5.00!.} s[\irt,. rho Ct"lb~slU1~ Pruj",,: 11as becc,m. a di.linc:iv; re30~lrc~ tbe hc:ding (reo' \.;ole.'1C:: and ctc;"tlng scdal ctUn;;C. :('in~s b;.tv~ bc~n di:;;pbycd at sch~Ql5t universitks. Slal~ HOll$..... shopp;n" malls, churches, md women's events. rne first )latiot1:1! Visi'b:' to<lk pbec April $.'), 19~5 in '>V",hin'l'ton D.C. in .:onjunetioTl with N'')W', iblly Fe,,' W'J:11"n'< ti\'t;;~. Sirnil::r tu !h<: :\JJ")5 quill, the Clothe.lin" Proj>e<:l pul$ : h.unan 1300 M ~'1c ;It;ltistics "fviolence ;.:~ai~t women. The: PrQj~..c in~cs aW:ln:m:ss oft.,c impad ofviQlencc .:lg::un3~ worncn~ cel~b~tes ~ WOID:u1'S strm~th to su:vi\"t:, ;.uiJ pt"ovides anaveIIt:.e for he:%' to CQUl"4l~eously br~ak tiLe si1~nce" Families ,nd fri,,"d.'!ll,fwom~'n wb" have die.1 as a result ofviol..nc~ c;w. make 0 shirt to C.'press thell' deep 1",..,. Creating A Shirt Or.~ of the be:\~tie$ of this proj-ect i~ it:s .s11l1plicity_ Su:rvi....ors n~d llO[ be artists tu crctt[! a moving personOl! tribute. Wh~thcr (h.;. choose to US" pa.int. m,gic m,rksrs or "lob<'c:lt# embroidery 10 e"'~t. thet; shirt is up t\1 them. Th~ pow!::" i.'J in tho p<<sonoll. l:",c ClQ(ht,.~li..'e Pmj4.'ct i$ ~bou.:. direct. i'en~.mal ",'iolcnce agll1n5t WOlnt::t and shirts :l.re (;OIOt"-<:..1Cc:-d tur diffO':'entlype. "rv;ol.:nco: '\va..ite . for W(mtcn who """ere murJeC'.:d y ~Jl-Ul" ur bdg~ ~ for '....omen who have been bauered or assau !t~d R~d, pink. or or~l1g" for WO"'""O who ""''''' be.on r:lpt.-d nr ,~,u,lIy os."ult,,,,l 'Blue 01:'" ~r~t:u 4 foC' lVOI'nen who arc ~.uNivors Qr ince..;t or c.hUd st:.'t'Ual ilbus~ P~rpl~ o.r t:n'endcf" 4 (i)r WQmc:n ~rt::d;~'.hcc:Hlsc: they ati.: Qr were pt."Tceivt"tl fo b~ 1~5bi.:1n (7h~!ic ,,:nll,'rs ~t""..; nor marHin.tor)' if ;I ell rfc:rc::nc colnr has sr-o:ci<.ll s\g..,i1i~tt~cc_) To Get Involved: l~' you '.v\,1uld Iikc te ~rc:'u.[i: a 5hin IJC-:ln.~ wheh..'S5 h') you. pel"SLm;l.) e.,.pr;riellc~ ef vioki:tcc and ~on[ribuee i.: t~) the I"fQj..;:c;::, I,J'C' ifyou'rJ hk:: tc.l vOll...lr.l~"r to w~rk wil!l yeur l\J\:t:.[ CkHhe5unc, .C:Jtl th~ N;tlio(l:JI Nt::~\vork Office number- ~i\'c:1 bdow .:I.ud ;l.-;k for the conr::Cl r1Ol':1C f:,)C' the C!,,)thC:s:tlr:~ Pn"J.ied n~:u-::st ::-,nu t I" ~.Ull would lik.e Co _itllrt you:" o......n liu~. sp<Jtlj(;r :o;hirt-mukjng s~s$ions :1C1c..t <'::()l)rd~r:a:.-;: In..:ir di.,(!by. t'ftp: / /h~"mc.c >'b<.:~gr't' t. eoUl,' d\.'/or,gs' I..:p .htnlI 1/IO/'}') FROM : qLHN ~LHK3 PHONE NO, : 141545a5331 IUWlIl.l' IjiJ(Jj,U. Mar. 23 1999 a4:52PM P4 1'-. III TOWN OF TIBVRON A4 M I~ V SPECIAL EVENT PERMIT OATEOFeVENT; ~ TlM!:(s"/tCo"kMoft) 7- fa f'A1 TYPE OF evENT: To.kL (l,o.ck.. fl...e IJjJ.J /I1~~ch a~ <ro../:: O\.A+ ~r of "'01'1. IfItfclpated: :lIf. - ~o ~~~C~~5~~ 0; ,^-f:~ s~~.. t,',.-tr;,-:,.(. ~rt,~r:r;:,~_ HAMil! & ADDRess OF INDMDUAL OR SPoNSORING ORGANIZATION: Jr:;e ~iS S~ 'tf..'" / 11fz./;" /itw;d ~.5 ~"';<es It) ~~dl-Pu..~ ~/rare <..a,'/lfJ__J _ q_~__~ NOme Phon.: / Wortc a: "I1,,;.qq) -<)q'f-O ,.. Number: 41'- '1qJ_ "qW Pie... deJcribe YOUR PLAN for the following: (AIt<<h..".,.,. ~""', if ~$$am PARKING: '. . rl:. i &\ (1;)+ CIA 'i. ~ . St....t 1N00kaga or Cloa",.: I)" M'f P -;<M::::J Ct.!AN.U~ & RII!CYCLlNG . (~Q~I!Q,!l'l: TQ.v.t>l OF TIBU80N) I {j;J.f:,rdIA~~iJ..j Pr_ -.414~ ~+~Ji: o..n!2 FIR.TNO: wl'th P 0..;'" - ,'/( 0. J'lU ImJclpate .,..... ....n. _, lion eq,"'pmelll1 . ao, __ ducrlbe: ~ ^ .... uo/u. ",+ev-s~ k.P...~~t, You, p....... wIIIlle IPfII'lI:ed jHJJW I" I'ftelpl Of clocumelllallon ~ lhalltle Town Of lilla,on h.. lle'll ~ .. all ..........llJmlId "-urN to YO" InaurInClIlOllqr IIIr lIliI evant. Thia normally 'aqul," all tftda__ A --... Ihlll.Jlng anIy lIlItyo" nave 1Mur_ ;. llot sutllc:iant. Special Ewnt 1"IU,.n~ can .. pu,chlMd thrOUQft the.n. Recr.aIon OePl/lment 8( 435-4355 (I$k tor D.... Thor). For other "......... pel1ialnin; to "* permit, conlllc:l Tlbur.... Town Clark Ole". Cralle 8( 435-nn. You '*' fa or IIlfllI ",ur ~ form to TOWfI HeU al43$-2434, 15115 ~lQn lllwl. 84820. TlI.nk vou, O8le: ~/.B /9 <1 ;f;/"p ~ L' -~ ;1 < ~ ti.. - Appficanl. ~ Town Mll'lager o.ua p:~c. ~ Fr: fJ,uG~ T4JiV au", ....... F~OM RLAN FLRK5 OYONE NO. : 14154606331 Mar. 23 1999 04:52PM PS In recognition of National Sexual As~ault Awareness Month, we are requesting a special c"~nt permit to sponsor a Take Back the Night Event. Rape Crisis Center and Marin Abused Women's Services are collaborating with other individuals and groups from the community to take responsibility for this event as a response to the recent sexual as$ault in Tiburon, but additionally to raise awareness about the broader scope of this issue. Sexual assault is an issuc that allects everyone, and we wish to raise awareness about this being not just a Tiburon issue. Our hope is to open a dialogue among community members and various public and social sel"Vice agencies in order to better understand, prevent, and respond to sexual violence against women and children. Your support of this evcnt will be very much appreciated and will allow Marin County to join thousands of other communities throughout the nation in celebration of April's National Se>;ual Assault Awareness Month.. As we envision the event, it would be held on April 19 from 7:00 - 1 0:00PM. We would direct attendees to carpool and park in the lot at the east side of town, where we would gather at 7:00PM. From rouihly 7:15 to 8:00 we would form a procession through town. Rape Crisis Center and Marin Abused Women's Services would provide at leas1 eight parade marshals to ensure that the group slays on the sidewalk and maintains an orderly sense of assembly. The march would then culminate at the town hail, where we are requesting to use the Council Chambers. At the Council Chambers, We would provide a forum for learning more about the issue of sexual assault. Speakers from law enforcement, the District Attorney's office, Rape Crisis Center, and the community of Tiburon have expressed interest is supporting this forum, The Take Back the Night Speak Out wiII provide residents with information and resources tor dealing with the issue of se>;ual assault; they will learn about the upcoming Girls Assertiveness Training at the Belvedere COIMIUllity Center on April 25, about neighborhood watch programs, and about other ways to get involved to prevent se>;ual violence in our culture. In addition to providing parade marshals, the sponsors of this event will also provide the same number of vol untecrs to do clean up and recycling. The tiscal manager at Rape Crisis Center is also beginning to make the necessary provisions to make the Town of Tiburon a beneficiary for our insurance ccverage for this event. We hope that you support will allow us to take this important step in creating a safer community for everyone. Should you have any que"tions about this event please call Rebecca Smith or Bonnie Satre Daley from Rape Crisis Center at 492.5970, or Stephanie Linder of Mann Abused Women's Services at 457-2464, TIBURON TOWN COUNCIL STAFF REPORT MEETING: TO: FROM: SUBJECT: April 7, 1999 ITEM: TOWN COUNCIL RICHARD STRANZL, FINANCE DIRECTOR DEPARTMENT STAFFING LEVELS 1. Position of Building Inspector (Reinstate) 2. Position of Public Works Maintenance Worker 1 (Reinstate) /0 BACKGROUND: This item is for Town Council approval for the reauthorization and reinstatement of the Staff positions of Building Inspector and Public Works Maintenance Worker 1. 1. BUILDING INSPECTOR (REINSTATE FULL-TIME) For many years the Town employed both a full-time Building Official and a full-time Building Inspector. This staffing was based upon the overall level of home construction and remodel activity and the needed and desired level of service that is associated with this volume. The revenues associated with building permits, plan checking, and residential resale reports have always been sufficient to cover the expenditures required to support the Building Division. For Fiscal Year 1998-99, following an unsuccessful recruitment effort, the Town opted to not fill the vacated position of Building Inspector, and instead appropriated limited funds for contractual inspection services. The current contract inspector works at 75% to 80% time at a rate of$37.50 per hour. Construction activity has remained strong, as a result the demand and cost for contractual services has exceeded the nominal amount appropriated for this purpose. At current levels, the projected annual cost of contract services (up to 80% time) is $54,000. It is apparent that the current level of permit activity and the level of service needed to support the community requires two (2) full-time building inspection employees. The present part-time contractual arrangement is now projected to cost approximately the same amount as it now costs to employ a full-time Building Inspector ($58,500 v. $56,600 per year). As long as Tiburon's construction and remodel activity remains strong it is definitely cost-effective and beneficial to the community employ two full-time inspection professionals. The Town will evaluate the position annually based upon building and construction activity and revenue trends. The following Table provides summary information concerning Building Division expenditures - actual, estimated and revised projections, since Fiscal Year 1997. Included is a revised projection for the Fiscal Year 1999-00, assuming reinstatement of the position. Department Staffing Authorization(s) Town Council, April 7, 1999 1 Table: Building Division Costs, FY 1997 to FY 2000 (revised est.) FY 1996/97 FY 1997/98 FY 1998/99 FY 1999/00 actual actual estimated revised est~ Salary & Benefits 144,400 111,700 115,000 170,000 Supplies & Services 24,100 24,800 80,000 20,000 Capital Outlay 8,600 8,600 8,600 8,600 Total Costs: $177,100 $145,100 $203,600 $198,600 Inspection Stalling: Building Official & Position of Building Utilization of Reinstate Position of -- Building Inspector Inspector unfilled Contract Inspector Building Inspector The Town may further benefit from the reinstatement of the full-time position, because it is in a position to realize supplemental revenues through providing part-time inspection services to other agencies. It is anticipated that the Town will provide Building Inspection services to the City of Belvedere (one day per week, and for vacation or sick leave coverage.) Recommendation: That Town Council approve the reinstatement of the full-time position of Building Inspector, at Step B, and authorize Staff to take necessary administrative actions to fill the position. 2. PUBLIC WORKS MAINTENANCE WORKER 1. (REINSTATE FULL-TIME) During the Fiscal Year 1993 & 1994 recession and State budget crisis the Town reduced the overall Staffing level of the Public Works Department from six full-time employees to five - the position vacated or unfilled was that of Maintenance Worker 1. Since then five (5) Public Works employees have been and are responsible to monitor and maintain Tiburon's streets and drainage systems, maintain Town capital facilities and buildings, as well as all park land and open space areas. A few years ago the Town discontinued contract maintenance of_all of its major park areas - including the Richardson Bay Lineal Park, Downtown Shoreline Park, and McKegney Green- South of Knoll areas - opting instead to utilize Public Works Staff to provide comprehensive landscape and facility maintenance in those areas. Since 1994 the Town has added other parkland areas (e.g. Blackie's Pasture, Beach Road) and facilities (Town Hall, Police, Tiburon/Belvedere Library buildings) to the Public Works maintenance schedule, as a result Department resources are stretched extremely thin. Since 1994 the Town has attempted to provide needed administrative and field support by way of utilizing casual hire or contract temporary maintenance workers. Former Public Works Superintendent Brunini has provided part-time administrative support to the Department, and more recently the Department has utilized contract workers to support streets and parks field maintenance. For FY1999 the Town allocated $16,000 for both contractual administrative and Department Slaffing Authorization(s) Town Council, April 7, 1999 2 field support: At this time, because of the need for Public Works field services, the total estimated annual cost to the Department will be approximately $32,000. The Department currently utilizes a contract maintenance worker at nearly fuU-time, at a rate of nearly $13 per hour (annualized, nearly $27,000). The current estimated annual cost of a full-time Maintenance Worker 1., including benefits, is approximately $40,000. Although the contract worker costs less over the course of a year, the Town should not utilize a temporary or part-time worker at a rate greater than half-time without also providing the health and retirement benefits provided to other regular employees of the Town. The following Table provides an outline of Public Works Department expenditures since Fiscal Year 1997, including estimates and revised projections through 2000. Table: Public Works Department Expenditures, Combined FY 1997 to FY 2000 FY 1996/97 FY 1997/98 FY 1998/99 FY 1999/00 actual actual estimated revised est. Salary & Benefits $263,200 $260,300 $290,000 $338,000 Casual Hire Costs $12,500 $13,000 $32,000 $6,000 T ota! Department $507,300 $536,400 $585,300 $605,000 Expenditures Number of Employees: 5 5 5 6 The need and demand for Public Works field services in Tiburon is expected to remain high, and an additional full-time Maintenance Worker 1 is required to meet Department and community needs. The estimated added cost of moving from the current contract basis to an added regular full-time Maintenance Worker 1. position is $15,000-$17,000 annually. Recommendation: That Town Council approve the reauthorization and reinstatement of a second Maintenance Worker 1. position, at full-time, at Step B, and authorize Staff to take appropriate administrative actions to fill the position. ATTACHMENTS: 1. Letter, dated February 26, 1999 (City of Belvedere to Town Manager) @< R. Stranzl Department Staffing Authorization(s) Town Council, April 7, 1999 3 CITY of BELVEDERE 450 San Rafael Avenue. Belvedere, CA 94920 Tel: 415/435-3838 · Fax: 415/435-0430 February 26,1999 Bob Kleinert, City Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon Ca, 94920 ReceIVED MAR - 1 1999 Re: Letter of Intent in regards to use of your building inspector TOWN MANAGERS OFFICE TOWN OF TlBURON Dear Bob, The City of Belevedere proposes to use your building inspector on Friday's to supplement our field inspection of building and planning regulations. It is also our wish to utilize your building inspector when our Building Official is sick or on vacation, We realize your inspector may not always be available and are prepared, in that case, to utilize private inspection services. It is our desire to maintain this relationship as long as our current level of construction activity does not lessen or the financial conditions of the City do not deteriorate. We agree to reimburse the Town of Tiburon its hourly costs of employing the inspector to include salary and benefits, excluding any administrative overhead. We look forward to a mutually beneficial relationship in regards to this matter. If there is anything further I can add in clarification, please give me a call. Sincerely ~ Edmund H. San Diego City Manager ESD/pa cc: John Anastasio EXHIBIT NO. I TOWN OF TIBURON STAFF REpORT ITEM NO. H- To: From: TOWN COUNCIL TOWN CLERK CRANE TOWN ATTORNEY DANFORTH CONTRACT FOR TffiURON MUNICIPAL CODE UPDATE April 7, 1998 Subject: Date: BACKGROUND It has been nearly 10 years since the Town published an updated version of its Municipal Code. Since that time, more than 500 pages of new material has been adopted by Council, none of which is in consolidated form within the Town's Municipal Code. Among other things, this situation causes confusion and delay in responding to citizen requests for information. In 1997, under the supervision of the Town Attorney, Legal Intern Eric Sternberger made the first pass at necessary revisions to the code so that it could be formatted for republication. Since that time, the Town Council has adopted several more ordinances, including one for code enforcement and other important issues. Last Fan Town Clerk Crane prepared a request for proposal to recodification which was sent to three municipal code book publishers. She received responses from American Legal Publishing in Cincinnati, Ohio, Municipal Code Corporation (Tallahasse, Florida), and Book Publishing Company of Seattle, Washington, the last publisher employed by the Town and the lowest bidder. RECOMMENDATION That the Town Council award the contract for recodification of the Town's Municipal Code to Book Publishing Company of Seattle, Washington. The contract includes provisions for supplement services, as well as for publication of the code on the internet. EXlllBITS 1. Memo from Town Clerk to Town Attorney, dated January 11, 1999 2. Memo from Town Clerk to Town Attorney, dated January 5, 1999 3. Memo from Town Clerk to Town Attorney, dated October 6, 1998 4. Professional Services Proposal from Municipal Code Corporation, dated September 17,1998 TOWN OF TIBURON , I Memo Too TOWN A TIORNEY From: TOWN CLERK CC: TOWN MANAGER Datec 01/11/99 Reo REVISED PROPOSALS - TIBURON MUNICIPAL CODE We have received our second revised proposal in response to our request for updated bids for the 1999 version ofthe Tiburon Municipal Code. The attached revised bid is from our current (or last known) publisher, Book Publishing Company (BPC). In contrast to American Legal Publishing, BPC has lowered its bid, probably because they already have the current code in their system, and also because they very much want to keep our business. As a footnote, the Town of Corte Madera was very happy with the update BPC performed for them last year, and they also contraded with them to place their municpal code on the internet, a service we also requested. I would like to move forward on this project as soon as possible, keeping in mind that there is a minimum six-month lead time from submission of data to publication. Thanks for your help. lliL D.L. Crane Attachment EXHillITNO. / . Page 1 f- /8/ 3 RECEIVED JAN 1 1 1999 III TOWN MANAGERS OFFICE TOWN OF TI8URON January 7,1999 Book Pllhli~hill~ (:()ll1pall~ Ms. Diane L. Crane Town Clerk 1505 Tiburon Blvd. Tiburon, CA 94920 PIIIJlislll'{ u(Hollk.\ (/nd ('Odf'S li'f (;ol'l'rrrnwnf 1//IIllhf'I,I'i!I/II'mf;'s_\io/l. Dear Ms. Crane Happy New Year! I trust you had fun holidays with lots of food and friends. Thank you for sending me the ordinances for the Town of Tiburon for an estimate. I received the ordinances and had our legal department go through them to compile an estimate on pages added to and pages changed in the code. The good news is the previous estimates were higher than anticipated and the following numbers are more accurate. Based on our new estimate, your current code of approximately 220 pages will have about 275 pages supplemented and about 70 pages added to the code. This would make 'your code approximately 350 pages after all the work is done. The cost would be: Estimated 350 pages converted @ $10.00 each .............................................. $3,500.00 Estimated 275 pages supplemented @ $6.00 each.......................................... $1,650.00 350 pages formatted for Internet @ $1.50 each ................................................. $525.00 One-time Internet Setup Fee .............................................................................. $100.00 Annual Internet Storage Fee............................................................................... $500.00 TOTAL............................................................................................................ $6,27 5.00 This price would give the Town of Tiburon an up-to-date code that is double-sided with a new index and table of contents. The code would also be posted on the Internet with a link to the Town's homepage (I looked at the new Tiburon Web Site. . .very nice!). Other than the cover letter with pricing, the proposal sent to you in September 1998 is still accurate and can be considered current. Since we have all of the ordinances and the prior code in our inventory we could start immediately. I look forward to hearing from you on a possible start date. If there is anything I can do, please call me at 1-800-537- 7881. Sincerely, ll'kl~'~ Mike Millern Codification Consultant 201 \\,.:-;tlak,' .\venUt' ~()rth ~"'lttl,.. \\ \ qgIW)~.)2(n T,.I"IJ!J'jlll.12()fJ).ln-.)7f}() I-HIIII-.>:\;-;I\I\I f.1-{J --- III September 16, 1998 BooK Plddi....llIll!! ( :l JIll pilll ~ Ms. Diane L. Crane Town Clerk 1505 Tiburon Blvd. Tiburon, CA 94920 IJ'il)/{"/wr"II:",,i.., 'flld 1,''';'''''''II"uI'I.'/II1''111 '1I1,i/ilt, I..,:.:,!!, /'''''';'''11111 Dear Ms. Crane Thank you for requesting information for updating, republishing and creating an electronic copy of the Town of Tiburon's Municipal Code. Per our conversation, It is my understanding that your goal is to have a code that is user-friendly, internet accessible, double-sided and double-column to reduce bulk. After the code is completed, you would like to establish a schedule to keep both the electronic and printed code up-to-date. I have produced a proposal to specifically meet your needs. Some of the options and services are unique and only offered by Book Publishing Company. As discussed, I have assumed the zoning code will not be part of the project, except to be referenced in the table of contents and appropriate title page within the code. If you are interested, we can gi ve you pricing to add the zoning to the code. The enclosed proposal differs from the proposal sent to you in May in that it does not propose code restructuring or renumbering. You mentioned that you are happy with the numbering system and organization of the code, therefore, all you need to do is bring the code up-to-date by adding the ordinances passed since 1990, convert the code to a double-sided, double-column page style to keep the bulk down and then publish the code to the internet. I assume you will use your existing tab dividers and binders, however I have included pricing for both in the proposal. Included in the proposal are other areas of interest mentioned in the request such as updates, supplements and tables. Information concerning those services can be found in the Optional Services part of the proposal. Based on your estimate of a 500-page code with 250 pages of supplement changes, the cost would be: Estimated 500 pages converted @ $10.00 each .............................................. $5,000.00 Estimated 250 pages supplemented @ $6.00 each.......................................... $1,500.00 500 pages formatted for Internet @ $1.50 each ................................................. $750.00 One-time Internet Setup Fee .............................................................................. $100.00 Annual Internet Storage Fee............................................................................... $500.00 TOTAL............................................................................................................ $7,850.00 ~lll \\.,-d,lk,. h"III)" \"1111 -;"',1111.-. \\ \'1::111'1-.-);2'1:; L l'i,I'''II' ,~ll(d " L',-_-)~IfIJ 1;:1)41_ -,',-;- ;:::',1 f' Li} TOWN OF TIBURON Memo Toe TOWN ATTORNEY F....... TOWN CLERK CC: TOWN MANAGER _ 01/05199 Reo MUNICIPAL CODE We have received an updated proposal (attached) from Amertcan Legal Publishing (ALP) in response to our request for bids to update the Tiburon Municipal Code. As you can see from my October 6, 1998 memo (also attached), the prtce has gone up in response to my providing ALP with the actual 500 pages of ordinances adopted since 1990. Apparently, ALP was under the impression that we had been supplementing the code all along; something which we must do for future codes. Please take a moment to review the proposal and services offered by ALP. Also, keep in mind that it will take 9 months from the time we sign the contract until we have a new code. (Do you think we'll make II by the year 2ooo?) 17,1/J Thanks for your cooperation in this matter. , ~ D.L. Crane Attachments EXHIBIT NO. 0<. . Page 1 jJ-' I ~/1 , ~ I , , I I I I I I I I I I I I I I Recodification Proposal For The Town of Tiburon, California Diane Crane City Clerk American Legal Publishing Corporation 432 Walnut St. Cincinnati, Ohio 45202 1-800-445-5588 ;- 2 01 'f ~ I RECODIFICATION COST AND SERVICES SUMMARY . American Legal Publishing proposes to recodifY the ordinances for Tiburon, California, at the following prices. ~ Recodification ~ I) Base Cost, 20 copies of code, each set in one binder, with zoning section listed only by reference l Estimated number of dual column pages: 380* $8,350.00 Code content printed on both sides of pages to reduce size of book Base cost above includes the following at no additional charge: I I (1) Legal Analysis a) Research Internal Consistency b) Research State Law Consistency c) Legal and Editorial Research and Report d) Unique Annual Statutory Legal Review I (2) Special Features a) Tables of Special Ordinances b) Parallel References c) Comprehensive Index d) Tabular Matter (Tables, Charts, Graphs) e) Code on Diskette (WORD, WordPerfect or ASCII) I I I II) Variable Cost / Escalator Per Page lncrease/Decrease Rate 8 1/2" x II" Format / Dual Column $22.00 I III) Time to Completion J Number of Months Until Manuscript Months Until Completed Code (after return of manuscript) Days for Updated Supplements, including Statutory Updates 6 months 3 months 45 days I I * This revised proposal reflects modified page count after reviewing the approximate 500 pages of new ordinances to be included. Also see Exhibit A and Exhibit B at end of proposal in tab IV) b. Sample Code Format. You will notice that dual column pages typically contain 20% more text than single column pages. This is very important to know when comparing to other codification publishers. f- ~ 0/ i , , , , I I I I I IV) Optional Services A) Reorder Copies of Complete Extra Code. I) Minimum Number of Copies 2) Cost per Extra Code with Binder 3) Cost per Extra Code without Binder No minimum $60 $45 B) Subscription Service Surplus revenue is credited to your account YES C) Supplement Service 8Y," x II" Format 1 Dual-column $22.00/Per Page D) Pamphlets (With cardstock cover) Per Impression (Printed Page) I) I-50 copies 2) 51-99 copies 3) 100 copies or greater $.075 $.070 $.065 E) Folio VIEWS Search and Retrieval Software I) Your Code in Folio 2) On Site Installation & Training 3) Phone Support 4) Folio Supplement Service, per supplement 5) Additional Licenses 6) Folio Code on the Internet $924.00 $7951 day + Travel Expenses No Extra Charge $295.00 $149.00 each $200.00 per year V) Terms I) Forty Percent (40%) due upon acceptance of this agreement. 2) Forty Percent (40%) within 30 days of receiving the manuscript. 3) Balance within 30 days of receiving the completed code. We can spread your terms over two fiscal years if that would be more advantageous 10 you. f,'!ete; TOWN OF TIBURON MEMORANDUM . .~~'~ Or-Tie /:r~v. (,? ~".,,,. .1>0 -h. f' ~.z. (, \ ",' ~ t:;' , .,)" I ;\~ '\':~, ' '- -~~-~' '- ~~~~' ,f:: .:_::~x~~: ~NrA -\~""4: , . . From: To: TOWN ATTORNEY CC: TOWN MANAGER TOWN CLERK Subject: RECODIFICATION - TffiURON MUNICIPAL CODE Date: October 6, 1998 We have now received responses from three companies to our request for recodification of the Tiburon Municipal Code. The responses, while varied in format, consist of the following: A. BASIC RECODIFICATION SERVICES (500 pages approximate) I) 2) 3) Book Publishinf! Companv Municipal Code C017Joration American Lef!al Publishinf! $6.500" $8.530 $6.950 .Price assumes will we re-use our current binders. B. INTERNET SERVICES (Annual Charge) 2) 3) c. 1) 2) 3) I) Book Publishinl! Companv Municipal Code C017Joration American Lel!al Publishinf! SUPPLEMENT SERVICES Book Publishinf! Companv Municipal Code C017Joration American Lel!al Publishinf! $500 $250 ~tJ!~J.J).l (/~ hvf ~ff hVO;";;,.e;,~' 2r tvdf. (J~Iw~ ) $18/Dal!e ')D-'f( 0['--'1 ~~ $18/ Dal!e (one column) - $21/ Dal!e (two column) $18/ Dal!e (one column) - $22/ Dal!e (two column) Copies of the responses are in my office for your review. EXHIBIT NO. :3 D.L. Crane f. IOf ( ADDITIONAL COPY TO BE SIGNED AND RETURNED IF ACCEPTED ~' PROFESSIONAL SERVICES PROPOSAL TIBURON, CALIFORNIA MUNICIPAL CODE CORPORA TION September 17, 1998 EXHIBIT NO. i I, (of) /' ,/ / QUOTATION SHEET PART ONE - RECODIFICATION: (I) BASE COST, includes $8,530 a) Legal Review b) Sample Ordinance Service c) Editorial Work d) Typesetting and Proofs e) Indexing f) Printing and Binding i. II. 111. iv. Number of copies, as desired up to Number of binders Number of sets of special order tabs Estimated pages (please choose desired format)' 25 15 15 [] 8-1/2 x 11 inches, single column [] 8-1/2 x 11 inches, double column 500 415 (2) BASE COST DOES NOT INCLUDE: a) Pages in excess of those listed above will be billed as follows: l. II. 8Y2 x II inches, single column 8Y2 x II inches. double column $20 $24 b) Legal Research and Review c) Conference with MCC Attorney in Municipality and Conference Memorandum d) Tabular matter, additional per page e) Freight charges (invoiced upon shipment) $1,750 $1,250 no additional cost prepaid (3) ADDITIONAL SERVICES: a) Reprints of chapters quotation upon request I A page is defined as the area on one side of a sheet of paper. A sheet contains two (2) pages. 8 (l ).. 0/3 b) Code on computer I. Data integrated with Folio Bound VIEWS one license (includes handling) ii. Each additional license iii. Site license for up to 20 users $515 $100 $1,500 c) Code on the Internet (includes updates) per year $250 (4) PAYMENT FOR RECODIFICATION. (May be scheduled through two budget years) a) Upon signing of the contract b) Upon completion of the conference c) Upon receipt of proofs d) Balance upon delivery of Code. $2,500 $1,950 $1,950 PART TWO - SUPPLEMENT SERVICE (1) NUMBER OF PRINTED COPIES - as desired up to 25 (2) SUPPLEMENT SERVICE, Cost per page a) 8Y, x 11 inches, single column b) 8\1, x 11 inches. double column c) Updated Code in electronic media One set of disks or CD-ROM, per Supplement (cost in addition to regular Supplement per page charge) d) Additional sets of updated disks or CD-ROM, per set $18 $22 $75 $50 (3) ELECTRONIC SUPPLEMENTATION quotation upon request (4) SAi'\1PLE ORDINANCE SERVICE Sample Ordinance Service - during the first year following shipment of the Code no charge (5) PAYMENT FOR SUPPLEMENT SERVICE a) Payment for the Supplement Service will be due upon receipt of an invoice. Supplements will be invoiced when shipped. b) Freight charges for the supplements will be prepaid and invoiced at time of final billing. 9 r~7J- .Ik~ If It' ASSOClATlON OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area March 18,1999 Ms. Diane Crane City Clerk City of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 RECEIVED MAR 1 9 1999 TOWN MANAGERS OFFICE TOWN OF T1BURON Dear Ms. Cran.c: We are enclosing a press release announcing the upcoming broadcast of a documentary produced by the Association of Bay Area Governments on housing and growth issues in the Bay Area. We are hoping you would be willing to help us publicize the broadcast and a townhall meeting that will be held afterwards targeted to leaders and residents of Sonoma, Marin and Napa counties. The event will be held at 7pm on May 13th at Petaluma's City Council Chambers. Please pass this information on to the public by including it your calendar of upcoming events, newsletters, on your website or anywhere else you see fit. Thanks for your support. Feel free to call us if you need any additional information. We hope to see you in Petaluma on May 13th Tha kyou, ..c'l, . ,(~ U ~vLDfuiV-ldV0>+ L' ra Stuchi~sky, U ommunications Officer r!Jvt.w- Mt'0h.iA,. Chris Kramer, Communications Intern Enclosure ,'v1al.rng Adcress f-l O. DOX ~OCC' Oakland, California q4604-~rJ50 iY()),164-7900 Fax:i(,Ii)iI64-7970 info@abag.ca,gov '_OCJton ;oseoh:J, Bo:t MeuoCer,ter 101 erg'ltll Street Oakland, California ;")4607 <1756 o ABAG @ ASSOCIATION OF BAY AREA GOVERNMENTS Representing City and County Governments of the San Francisco Bay Area PR1';SS RELEASE March 18, 1999 Contact; Laura Stuchinsky at 5 10/161-7995 or lalll'as@abag".ca.g",,," Chris Kramer at 510/164-7929; cbrisk@abag.ca.guv Documentary and Town Hall Meeting Explore Solutions to Bay Area's Housing & Growth Crisis Frustrated with the rising price of housing;> Tired of getting stuck ill traIlic;> Auxious abollt hm\,: rapidly the region is growing;> Wondering it'thcrc's a way out oflhis mess? Come see "Hometown Blues," a 30-minutc documentary 011 the Bay Area's housing and grmvth crisis on Thursdav. Mav 13 at 7 Dm at Petaluma City Hall and join the discussion during the town hall meeting following thc broadcast. The program will be held in the pc(,tiuma City Council CIl<Unbers at II English Street. Residents of Peulluma will also be able to participate via cable. Tunc in to Pe~'lluma Cable Access, ch,umcl (i:1, to watch the pro6'f,un 'Uld participate in the discussion by phone. (The call-in number will be broadcast during the show.) The p'Ulcl will be moderated by Dick Spotswood, tanner l\hyor of Mill V,tiley 'Uld long-time Marin County volunteer. The p,mcl will also include: o Michael Gonion, Vice President of fair Issac; a .\UIlcttc Rose, Marin County Supervisor o E. Clark Thompson, Mayor of l'claluma '0 Betty Pagett, Director of Education and Advocacy for Ecumenical Association lor Housing; " John Young, Executive Director of Marin Grassrools Leadership Network; continued on next page \;1(1i1ing.'\dcress PO Box 205U Oakland, California 94604-2050 ,S:O)1j64-7900 Fax: :SlO) 464-7970 info@abag,ca,gov i_OLJII:::m Josfph ? Bort MelroCenter Oilkiand, California 94607-4756 101 Eighth Street o ABAG @ ~ Waync Goldberg, Planning Director lar thc City of Santa Rosa; and ~ Alan Strachan, General Partner, Courtside Village Co, .~ Volker Eisle, Napa County vintner and farmer President of Greenbelt Alliance; "Hometown Blues" was produced by the Association of Bay Area Govenunents, a rcgionallcmd- use plcuming organization whose mcrnbers include nine counties and 98 cities in dIe Bay Area. TOWN OF TIBURON STAFF REpORT ITEMNO.il To: From: TOWN COUNCIL TOWN CLERK CRANE/ COUNCILMEMBER THOMPSON TOWN OF TffiURON WEB SITE April 7, 1998 Subject: Date: BACKGROUND In 1996, the Digital Foundry generously offered to host a web site for the Town of Tiburon. The site, www.tiburon.org, was developed and maintained by several student interns employed by the Digital Foundry. Town Clerk Crane was responsible for submitting Town Council agendas and minutes for posting to the site. Over the past three years, Council and Staff expressed concern that agendas and minutes were not posted in a timely marmer on the web site. This was due to the nature of the agreement with the Digital Foundry; that is, the interns assigned to the project were only employed on a part- time basis and only allocated about one hour per week to the site. Nevertheless, Town Staff continued to submit agendas and minutes on a bi-weekly basis. The Town's Planning Department later submitted information concerning the Town's permit process, Tree and View Preservation Ordinance, and Business License applications. In January of 1999, after the new computer network was installed at Town Hall, Town Clerk Crane researched an alternative plan to host a separate government web page with the Town's internet service provider. The cost of hosting the site is included in the Town's monthly service charge, and she was directed by Council to enter into a contract for additional web site design services by an independent consultant for a one-time fee of $500-$600. The idea of creating a separate "Town HaU" government page (which would have been linked electronically to the www.tiburon.org site at The Digital Foundry), was proposed to accomplish two goals: 1) the timely posting of agendas and minutes; and 2) to separate Town Hall business from the other community and commercial information on the tibuom.org web site. CURRENT STATUS OF WEB SITE Vice Mayor Gram and Councilmember Thompson recently met with representatives from The Digital Foundry who asked that the Town not abandon www.tiburon.orgas its main web site address. TOWN COUNCIL STAFF REPORT Page 2 April 7, 1999 The Digital Foundry offered to give representatives from the Town direct access to their server so that minutes and agendas could be posted directly from Town HaU instead of having to wait for someone on their staff to post them. In addition, the Digital Foundry recommended that the Town purchase software that would allow these transmissions to take place. Staffhas received preliminary training but will not be able to perform the work until further training is received. As part of the discussion with Councilmembers Gram and Thompson, The Digital Foundry created a separate section on the tiburon. org home page called "Government." This portion of the site is to be used exclusively by Town officials for the design and posting of Town Council and Town Hall business. Council should determine how this design process will take place. RECOMMENDATION That the Town Council direct Staff to 1) continue to receive training for future posting of minutes and agendas to the tiburon.org web site [phase 1]; and 2) appoint a Council subcommittee to study the design and future allocation of resources by the Town for web site development [phase 2], both with The Digital Foundry and other possible sources (see attached exhibits) . EXHIBITS --E-Mail messages between Councilmember Hennessy, Town Clerk Crane, and Mill Valley City Clerk, dated 3/23/99 --Letter from Alpha Internet Services to Town Manager, dated 5/15/98 Diane Crane From: Sent: To: Subject: Hennessy, Teny [teny.hennessy@cotelligent.com] Tuesday, March 23,199910:44 AM 'Diane Crane' RE: Mill Valley Web Site One of the primary concems will be cost. I know Sausalito has dedicated Debbie full time to this project. How do the other cities handle. What are the monthly costs? I am not looking for anything elaborate. As you know, my primary concem has been to post agendas BEFORE the meeting, and the minutes as soon as they are approved by the Council. I am not big on the idea of promoting Tiburon so we get more tourists, but on assisting the residents. The next Newsletter could encourage people to use the Tiburon webpage for information and request what else they would like to see on it. Teny Hennessy Manager, Administrative Services Executive Assistant to CEO and President 415-439-6437 > ---Original Message-- > From:Diane Crane [SMTP:DCrane@ci.tiburon.ca.us] > Sent: Tuesday, March 23,19999:50 AM > To: Therese M. Hennessy (E-mail) > Cc: Andrew L. Thompson (E-mail); Robert Kleinert > Subject: FW: Mill Valley Web Site > > Hi, Teny, this is partially in response to your inquiry yesterday about > MIDAS. The Digital Foundry has hosted our site free of charge for the > last > 3 years. But I have also been spending a lot of time looking at other > city > sites-San Anselmo, Mill Valley, Sausalito, San Rafael--and had some > questions that Mary Herr (City Clerk) was kind enough to answer. I would > highly recommend that the Council visit all the city sites in Marin County > to see what they like and don't like, and how they see the Town's site > evolving in the future... > > FYI. > Diane Crane > Town Clerk > > > ----Original Message--- > > From: Mary Herr [mailto:mherr@a.crl.com] > > Sent: Tuesday, March 23,19999:20 AM > > To: Diane Crane > > Subject: Re: Mill Valley Web Site >> >> > > Our website is hosted my MIDAS (marin.org) but that just means it sits > > on their server. They don't do anything with it. We also have > > related links on our site, and Marin.org is one of them. We hired a > > guy to design the website. We paid $7,000, and is probably the lowest > > price you will find. He literally spent months researching, > > interviewing department heads, leaming all about city govemment, and > > then coming up with the design. I gave him the documents and wrote > > some of the content, but he did the bulk of the work. Now he has a > > full-time job with a PR firm and is not available except once in a > > while on the weekends, etc. Keeping up the website is a big job, and 1 > > although everyone told me it was a snap, I don't think it is. It's > > like having another part-time job, only not getting paid anything for > > it! My advice - let someone else do it! I'm stuck with for now, > > however. It also depends on how often you want to change the content > > - what you want to put on the site. Check out some of the other > > cities (All the cities are listed on the League's website at > > www.cacities.org - see "cities online; and you will see that most a > > pretty meagre - and almost all are maintained by someone NOT on > > staff. Now I also have City Manager Recruitment process to add to my > > list of things to do - better get back to world >> 2 ALPHA INTERNET SYSTEMS 525__ MI~CA94941 Phone: 4151383 8107 Fox: 41 tI'383 8720 E<Td: Alpha!S@cIp/"dLcorn Web: hltp://www.aIpI.do.com May 15, 1998 RECEIVED MAY 1 8 1998 Robert L. Kleinert. City Manager City of Tiburon 1505 Tiburon Boulevard Tiburon, CA-94920 TOWN MANAG€RS OFfiCE TOWN Or neURON SUBJECT: Request for presentation opportunity Dear Mr. Kleinert: In the past seveml months we have been communicating with your staff regarding the arrangement of a time for the presentation of City Hall Online~ (CRO) to key members of Tiburon's administration. Finance Director Richard Stanzl recently recommended that we petition you, in writing, for an opportunity to make such a presentation. CHO is a no-nonsense, intemctive, Internet-based, local government business installation designed by public administrators to increase the efficiency of existing staff and to provide citizens with full time access to public documents, processes and services. Enclosed is a packet of information describing our program and supporting software. In addition, you can review the qnalifications of Alpha Internet Systems by visiting our web site at http://www.alphais.com and browse the sites we have completed successfully. Our current clients include: City of Santa Clara: http://www.ci.santa-clara.ca.us Clicnt Contact: Carol J. McCarthy, Deputy City Manager (408) 984-3105 City of Sausalito: http://www.ci.sausalito.ca.us Client Contact: Brock Arner, City Manager (415) 289-4166 City of Milpitas: http://www.ci.milpitas.ca.us Client Contact: Elircn Pasion, Public Information Specialist (408) 942-2499 City of Larkspur: http://www.ci.larkspur.ca.us Client Contact: Police Captain Tony Hoke (415) 927 5150 City of Redlands: http://www.redlands.ca.us Client Contact: Mike Huffstutler, Chief Water Resources (909) 798 7698 City of San Pablo: http://www.alphais.comlsan-Pllblo/index.html Client Contact: Rory Robinson, City Manager (510) 215-3012 We would appreciate the opportunity to present a full demonstration of City Hall OnlinCtm to key staff and/or elected officials of Tiburon. Such a demonstration would take about thirty minutes. Thank you for your attention to this request. We will contact you in a week to discuss this matter furl CMO T SYSTEMS, INCORPORATED encl: cc: as noted Michael D'Amico, President/CEO '] cfJ f'/1J[ ALPHA INTERNET SYSTEMS 525 Mldvall!t 'Naf Mil 'bI1ev. CA 94941 Phone: 4151363 8107 Fax: 4151383 8720 e-mail: alphOls.C:a.lOlPhais.com "Neb: http://www.aIphOls.com TYPICAL CITY HALL ONLINE.. SITE CONTENT CITY COUNCIL ARRA Y: City Council member pages (including photos & bios.) City Council meeting schedule City Council minutes & agendas Current Issues City Council forms CITY MANAGER & ADMINISTRATION ARRAY: City Manager's page (photo, bio and statement) City Attorney's page (photo, bio and statement) Legal Notices (if desired) Finance Department page: Finance Director's photo, bio and statement City Budget Fee Schedule Fee Payment Options Personnel Department page: Personnel Director's photo, bio and statement Job Openings Employment Application form City Clerk's page: City Clerk's photo, bio and statement IT Department page: MIS' photo. bio and statement COMMUNITY DEVELOPMENT ARRAY: Community Development Department page: Community Development Director's photo, bio and statement Planning Division page: Planning Director's photo. bio and statement General Plan Amendment procedures Rezoning procedures Variance procedures Conditional Use Permit procedures Design Review procedures Environmental Review procedures Subdivision & Condominitun Conversion procedures Building Division page: Chief Building Official's photo. bio and statement Building Inspection Request form Residential Building Record Request form Engineering Division page: City Engineer's photo. bio and statement PUBLIC WORKS ARRAY Public Works Department page: Public Works Director's photo. bio and statement Encroachment Permit procedures Weekly Maintenance schedule Recycling Program descriptions PARKS AND RECREATION DEPARTMENT ARRAY Parks & Recreation Department page: Parks and Rec. Director's photo, bio and statement Park listing and/or map Facility Rental Procedures and Application form Events listings and Sign-up form Trips listings and Sign-up form Youth Programs & Classes listings and Sign-up fun Adult Programs & Classes listings and Sign-up form Senior Citizen Activities listings and Sign-up form PUBLIC SAFETY ARRAY Police Department page: Police Chief s photo, bio and statement Crime prevention education Citizen alert Fire Department page: Fire Chiefs photo, bio and statement Fire Department public education Fire safety tips & inspection Disaster preparedness program HAZMA T COMMISSIONS, COMMITTEES & BOARDS ARRAY Individual Commission, Committee & Board pages including: Member photos, bios and contact info. Minutes and agendas Membership solicitations & application form PLANS & ORDINANCES ARRAY Including key plans and ordinances such as: General Plan Zoning Ordinance Building Construction Ordinance Redevelopment Plan Animal Control Ordinance Etc.. etc. 2 PERMITS & LICENSES ARRA Y Including key permit and license application forms such as: Business License application forms Encroachment Permit application forms Planning & Development permit application forms Building Permit application forms Occupancy Permit application form Environmental Assessment application forms Public Works Permit application forms Police and Fire application forms REDEVELOPMENT, ECONOMIC DEVELOPMENT & BUSINESS OPPORTUNITY ARRAY Redevelopment Opportunities page: Redevelopment Director's photo. bio and statement Redevelopment opportunities, RFQs and RFPs Economic Development Opportunities page: Economic Development Director's photo, bio and statement Economic development opportunities. RFPs Requests for Services page Requests for Supplies page LffiRARY ARRAY: Public Library page: Librarian's photo, bio and statement Library program schedules Online Public Access Catalog link (if available) DEMOGRAPHICS: Normal demographics content. ~~ (j w.-dJI/V - (c; 9 7' if I ~{ rHJ cJ 10 Dvf {/Ir I; )00 I/M-ci . ')1...0 10 ~2;V\ ~ 3 OFFICE OF THE M"VOR THE CITY OF SANTA CLARA . CALIFORNIA CITY HALL 1500 WARBURTON "Vi SANTA CLARA. CA. 9~ (408) 984.3250 July 29, 1997 Michael D'Amico, President & CEO Alpha Internet Systems, Inc, 525 Midvale Way Mill Valley, CA 94941 Dear Mr. D'Amico: I want to express my appreciation to you for the outstanding web site presentation you gave to Council on Tuesday, July 22, 1997. Santa Clara now has an excellent web site and my sincere thanks to you and your dedicated associates for the very long hours you have all devoted to achieve this goal. As you mentioned, it will be important to keep our web site current and I appreciate your willingness to work with staff to further enhance the activity of Santa Clara's web pages. I have no doubt that, with your guidance and assistance, Santa Clara's web site will be among the very best! Sincerely, J<j-J mwt~ Judy Nadler Mayor City of Santa Clara IN:el , o State Capitol, Am. 1114, Sacramento, CA 95814 (916) 445-8994 FAX (916) 323-4998 E-Mail: Gray.Davis@ltg.ca.gov o 333 South Grand Avenue, Suite 2040, Los Angeles, CA 90071' (21 3) 620-221 1 FAX (21 3) 620-2033 .....'" Best regards, ~ ,..~~Q.\J'" GRAY DAVIS On behalf of the State of California, I wish you every success as the City of Sa usa lito travels the infonnation super highway. I am confident that the citizens of your City will greatly benefit from this new service. I am writing to commend you for introducing a Web site to the citizens of Sausalito. As one of the first cities to institute City Hall Online, the City of Sausalito sets an important example for other local governments throughout California. You recognize that internet technology represents an innovative and efficient way for your constituents to commwllcate with YOll, access help and information from the City of Sausalito, and enable interaction between citizens and their legislators. Dear Mayor Ziegler and the City Council of Sausalito: Mayor William 1. Ziegler and the City Council City of Sausalito 420 Litho Street Sausalito, CA 94965 January 21, 1997 Letter of Commend.ation GRAY DAVIS JUeutenant <!9obertWr 59tate of QCalifornia :,:-,i'";~~~.~ :,~.:~~~ -~-~~~~:; ,,~~:J o_=~