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Home My WebLink AboutTC Agd Pkt 2000-12-20 REVISED 12/20/00 TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: INTERVIEWS: DECEMBER 20, 2000 7:30 P.M. 7:00 P.M. 8:00 P.M. PLEASE NOTE: In order to eWe all interested persons an opportunity to be heard, and to ensure the presentation of all paints of view, members of the audience should: . (1) AhNys Address the Chair; (2) State Name and Address; (3) State Views Succincdy; (4) Limit Presentations to 3 minutes; (5) Spak Dlrecdy into Microphone. A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) C. PUBLIC QUESTIONS 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 REPORTS E. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is reqltired on a particular item. Any member of the Town COWlcil, Town Staff, or the Public may request removal of an item for discussion. 1. MARGARET AZEVEDO - Resolution in Memoriam - (Adopt) 2. GRANT APPEAL OF DESIGN REVIEW BOARD DECISION - (Based on Compromise Reached between Appellant and Applicants) - to Approve Site Plan and Architectural Review for Construction ofa Fence on property located at 163 Avenida Miraflores - AP No. 039-261-05 - Famoosh & Firuze Hariri, Applicants; Chester Judah, Appellant - (Adopt Resolution) 3. STEWART DRIVE INTERSECTION - (Authorize Agreement for Professional Services to perform Traffic Study - Korve Engineering) 4. TOWN COUNCIL MINUTES - No. 1204 - November 9,2000; No. 1205- November 14, 2000 - (Adopt amended Minutes) Town Council Agenda 12.20.00 Page 1 REVISED 12/20/00 F. UNFINISHED BUSINESS 5. ZELINSKY PARK -- (Award of Contract) G. NEW BUSINESS 6. PUBLIC WORKS DIRECTOR! TOWN ENGINEER -- (Authorize Recruitment for full-time position) H. PUBLIC HEARING 7. DOWNTOWN FERRY AREA ACCESS & SAFETY IMPROVEMENTS -- Ordinance Exempting Project from Tiburon Zoninf Ordinance and Establishing Streamlined Processing Procedures therefore -- (20 Reading and Adoption) I. STAFF & TOWN MANAGER REPORTS J. INTERVIEWS* - (Town Council Vacancy) 8:00 - 8: 1 5 Marsarlta Perry 8: 15 - 8:30 Jeff Slaviu 8:30 - 8:45 Miles Berpl' 8:45 - 9:00 Alice Fredericks"" 9:00 - 9: 1 5 Catharine Benedlktsson" " K. ADJOURNMENT- Future Allenda Items -- Local Appointments List-As of December 31, 2000 - (Adopt) -- (January 3,2001) --Announcement of Pending Vacancies on Boards. Committee and Commissions in 2001 - (January 3, 2001) --Town Council Committee Appointmentsfor 2001 - (January) --Greenwood Beach Road Funding Agreement Amendment (January) --Flood Ordinance Amendments (January) --Main Street Beautification Project (January) --Review of Secondary Dwelling Unit Ordinance (January) --Tree Ordinance Amendments (February) --Zomng Ordinance Amendments, including POSC membership change (February) " The deadline for receipt of applications for the Town Council vacancy is Monday, December 18, 2000 at 5:00 p.m. As of the date of publication of this agenda, the applicants listed above had submitted letters of interest. The Council may also interview other candidates whose letters are submitted by the deadline. "" Resumes received December 18, 2000. Town Council Agenda 12.20.00 Page 2 Town Council Tiburon Town Hall 1550 Tiburon Blvd Tiburon, CA 94920 LATE MAIL # (;)-<-0-00 ij ~ ~ ~ ~,~ ~ ~ DEe 1 8 2000 ~ TOWN CLERK TOWN OF TIBURON December 18, 2000 Mogens Bach, Harry Mathews, Andrew Thompson, Terry Hennessey, Thomas Gram Dear Members of the Town Council I would like you to consider me as a candidate for the position on the Town Council to be vacated by Terry. Attached is an update of my reswne. My connnitment to the town is unabated, though the nature of some of my activities has changed. Since we last officially met at the interviews for the Planning Connnission. I have continued to serve the town. I am privileged to work with an outstanding group of people on the Commission and glad that the choice they are bringing you in filling this position is not my pro blem. As a member of the Planning Commission, I have been conscientious about doing the job well. In addition to the usual research the bi monthly packet of applications calls for, I have attended seminars, read journals, trekked to county records and the law library when necessary and pored through old town records. I would bring the same dedication to the job of Town Council member. Although I resigned as president of the Lyford's Cove Old Tiburon Homeo\\<ners Association to furestall any apparent conflict of interest, I have continued to be active, focusing my attention on the paths in the neighborhoods. TIle goal is to preserve neighborhood paths from the ridge to Tiburon Blvd.. I even luckily found the deed to the town of a steep and extraordinarily convoluted path to Tiburon Blvd through a property to be developed on Rolling Hills. The nature of the path does make its discovery a mixed blessing, nevertheless, the benefit of path systems to neighborhoods is obvious. In the larger frame, paths through neighborhoods function as more than access to the ridge and transit through the neighborhoods they serve. I am a firm believer in the duty of municipalities and government agencies to make public transportation as accessible as possible. Paths to public transportation especially the ferries provide the mico links that will become more crucial as the area continues to develop.n I will continue to serve the town in whatever capacity is appropriate. At this time, I ask you to consider me as a candidate for the vacancy on the Town Council. Res/tUllY /d<-~ -~,t~~ <<c k-. Alice Fredericks One Cazadero Ln Tiburon, CA 94920 RESUME Alice Fredericks One Cazadero Lane Tiburon, CA 94920 415-789-5166 Objective: continued public service ProCessional Training: Admitted to the State Bar ofCA, currently inactive J.D.:Honors, 1984 USF School of Law Post-doctoral training: 1972-1975 Cardiovascular Research Institute & Clinical Phannacology Fellow. UCSF School of Medicine Ph.D.: 1972, University ofMiarni, Psychology Dept., Behavioral Medicine Program, Coral Gables, FI Research & Teaching Fellow 1968-1972, University of Miami, Psychology Department Experience Legal Extern: Jan. - June 1984 Justice Otto Kaus, California State Supreme Court Legal Extern: Superior Court, Marin County, Summer 1983. Hon. Henry Broderick Research Psychologist: 1976-1979 Drug Abuse Program Project, UCSF., Dept of Psychiatry & Medicine, UCSF Reese Jones, M.D. Director of the Project ProCessional Activity Member: 1982-1986 Committee on Human Research, UCSF, School of Medicine. Review of research and innovative treatment protocols for conformance with HHS, FDA, State and University regulation for protection of research subjects. Board Member: 1983-1984 San Francisco Public Interest Law Foundation Member: 1979-1981. Animal Care Committee, School of Medicine UCSF Publications Publications of original research in major pharmacological & behavioral research journals. Bibliography on request. Community Service Lyford's Cove Old Tiburon Home Owners Assoc- 1998- Present President 1998 - 2000 attended pertinent Council, Planning Commission and DRB meetings to present neighborhood concerns regarding remodeling, development, views, traffic, path access and other issues for consideration by the pertinent body. Participated in &lor helped organize neighborhood activities including emergency preparedness, block party, neighborhood cleanup, exchange of info re undergrounding Peninsula Library Foundation Board Executive Committee - Present Fund raising, program org~ni7ing, leading book group discussions, tutoring Internet research Town ofTiburon Parks & Open Space Commissioner - 1999 Town of Tiburon Planning Commission - Present Other pertinent activity: Coastal Clean-Up -helped organize the day Multi-Path Use Survey - organized volunteers, collected data References on Request Catharine Benediktsson 2352 Mar East 81. Tiburon, CA 94920 415-435-2707 home 415-613-3164 cell ccben@oacbell.net ijEC~IVE~ ~ DEe 1 8 2000 ~ TOWN CLERK TOWN OF TIBURON Tiburon Town Clerk Tiburon, CA 94920 This is a letter of interest in the position of Councilmember position vacated by Terry Hennessy. I am very interested in the position. I have a long history with the City of Tiburon, as my parents have lived here since the 60's, and we built our family home here. I recently relocated from Anchorage back to the family home in Tiburon. Although I have been in Alaska for many years, much of my free time has been spent with my parents at there home on the Belvedere lagoon. I believe the experience and skills I have developed will be useful to the City of Tiburon. I have attached a resume for background information regarding my experience and skills. Please consider me for the position on the council. Thank you, - .' ~~~~---------------, Catharine Benediktsson 12/18/00 LATE MAIL 4# IJ.-J..O-OD EDUCATION 1989 - 2000 CATHARINE BENEDIKTSSON 2352 Mar East St. Tiburon, CA 94920 415-435-2707 home 415-613-3164 cell ccbeniq)oacbell.net B.S. Civil Engineering University of Washington, 1981 Graduate work in Geography and Geology University of California, Berkeley, 1972-1973 B.A. in Physical Geography and Planning University of California, Berkeley 1972. Teacher Certification Department of Education, University of California, Berkeley 1974. Other certifications include: Asbestos Abatement, Underground Storage Tank Testing, Transportation of Hazardous Materials and Wastes, Microscopial Asbestos Identification. Regional Program Manager and Supervisor of Environmental and Safety Engineering Section. Federal Aviation Administration, Alaska Region.- Anchorage, AK Responsible for developing and executing compliance program involving extensive interface with all divisions, branches, sectors and unions. Ten year $120M program completed on time on budget. 78 Cleanup sites throughout AK gained the No Further Action Status from EPA. Initially FAA had no program to cleanup these sites, so brought program from startup through completion. Personally developed national and regional orders for environmental compliance program (still in place since 1990). Removed andlor replaced 429 large bulk fuel storage tanks, 13 pipeline distribution systems, 52 large scale asbestos abatements, managed 40 staff with 150 contractors, with various contracts from fixed price to indefinite delivery, indefinite quantity, to Small Business, 8A. Contact point for negotiations with EP A and the State of Alaska agencies for environmental and safety matters. Served as Chair for the National Steering Committed for Environmental Programs and Planning, National Program Management Steering Committee, National Maintenance Engineering Committee, and FAA representative for the Statement of Cooperation Federal Environmental Committee for AK. 1985 - 1989 1980 - 1984 1980 - 1981 1977 - 1978 1976 - 1977 1967 - 1975 Chief Environmental Engineer U.S. Army, 6th Infantry Division Army Alaska - Anchorage, AK Responsible for the environmental program for all the US Army operations in AK. Typically this involves permitting and compliance, funding acquisition and project management, operations management, preparation of environmental permits, management of hazardous wastes, contract acquisition and inspection for environmental requirements, budget development and management, civil and environmental engineering. USArmy operations in Alaska include three posts and four major petroleum terminals. Arctic training exercises involve as many as 35,000 personnel. This office is responsible for permitting and compliance for Air, Water, RCRA, TSCA, NPDES, NEPA and SPCC Plans, Noise, Historical Prope11y management, and Natural Resources management. Engineer Benediktsson Construction Co. - Seattle, W A. Commercial and residential reconstruction. Designed client proposals and construction plans, supervised employees and subcontractors, insured compliance with zoning regulations and permit requirements, structural design. Analyst University of Washington School of Engineering - Seattle, W A Researched water, wastewater, and storm drainage and prepared maps for the City Engineer of Port Orchard. Engineering Technician J.T. Thorpe & Sons, Inc. - Emeryville, CA. A refractory engineering contractor. Designed and dralted refractory, prepared engineering proposals, and trained in cash management, job materials scheduling and union negotiations. Science Director Collegio Jorge Washington - Cartagena, Colombia. Designed science education program for grades 3-12 got private bi-lingual school. Taught in English and Spanish. Lecturer (Planetarium, KQED, various programs) Lawrence Hall of Science - Berkeley, CA Developed the cafe, science classes, and summer programs. ;tI?5W ---- TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: INTERVIEWS: DECEMBER 20, 2000 7:30 P.M. 7:00 P.M. 8:00 P.M. PLEASE NOTE: In order to give all interested persons an oppommity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) Slate Name and Address; (3) Slate Views Succinctly; (4) Limit Presenladons to 3 minutes; (5) Speak Directly into Microphone. A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) C. PUBLIC QUESTIONS 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 REPORTS E. CONSENT CALENDAR The purpose of the Consent Calendar is to group items together which generally 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. 1. MARGARET AZEVEDO - Resolution in Memoriam - (Adopt) 2. GRANT APPEAL OF DESIGN REVIEW BOARD DECISION - (Based on Compromise Reached between Appellant and Applicants) - to Approve Site Plan and Architectural Review for Construction of a Fence on property located at 163 Avenida Miraflores - AP No. 039-261-05 - Famoosh & Firuze Hariri, Applicants; Chester Judah, Appellant - (Adopt Resolution) 3. STEWART DRIVE INTERSECTION - (Authorize Agreement for Professional Services to perform Traffic Study - Korve Engineering) 4. TOWN COUNCIL MINUTES - No. 1204 - November 9, 2000; No. 1205 - November 14, 2000 - (Adopt amended Minutes) Town Council Agenda 12.20.00 Page 1 F. UNFINISHED BUSINESS 5. ZELINSKY PARK - (Award of Contract) G. NEW BUSINESS 6. PUBLIC WORKS DIRECTOR! TOWN ENGINEER - <Authorize Recruitment for full-time position) H. PUBLIC HEARING 7. DOWNTOWN FERRY AREA ACCESS & SAFETY IMPROVEMENTS- Ordinance Exempting Project from Tiburon Zoninf Ordinance and Establishing Streamlined Processing Procedures therefore -- (2" Reading and Adoption) I. STAFF & TOWN MANAGER REPORTS J. INTERVIEWS* - (Town Council Vacancy) 8:00 - 8: t 5 Margarita Perry 8: 15 - 8:30 Jeff Slaviu 8:30 - 8:45 Miles Berger 8:45 - 9:00 Stephanie Pugash K. ADJOURNMENT- Future Arzenda Items -- Local Appointments List -As of December 31, 2000 - (Adopt) - (January 3, 2001) .-Announcement of Pending Vacancies on Boards, Committee and Commissions in 2001 - (January 3, 2001) -Town Council Committee Appointmentsfor 2001- (January) -Greenwood Beach Road Funding Agreement Amendment (January) --Flood Ordinance Amendments (January) --Main Street Beautification Project (January) --Review of Secondary Dwelling Unit Ordinance (January) --Tree Ordinance Amendments (February) --Zoning Ordinance Amendments, including POSC membership change (February) * The deadline for receipt of applications for the Town Council vacancy is Monday, December 18, 2000 at 5:00 p.m. As of the date of publication of this agenda, the applicants listed above had submitted letters of interest. The Council may also interview other candidates whose letters are submitted by the deadline. Town Council Agenda 12.20-00 Page 2 Date of Meeting: December 20, 2000 Closed Session No. 1 9-2000 NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a Closed Session. More specific infonnation regarding this meeting is indicated below: 1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) A) Lucy M Forbush, Plaintiff & Petitioner v. Main Street Properties, et al. Defendants, & City [sic] of Tiburon, Respondent (Marin County Superior Court - Unlimited Jurisdiction - Case No. 005003) B) Name of Case: Name withheld pursuant to this section because "to do so would jeopardize the agency's ability to conclude existing settlement negotiations to its advantage." 2. CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) EMPLOYEE GROUP: MAPE Town Council Agenda 12.20.00 page 3 ~#J ~ - RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TlliURON IN MEMORIAM OF MARGARET AZEVEDO WHEREAS, Margaret Azevedo has long been a part of the Tiburon Community having moved to Tiburon in 1951 with her late husband Alfred; and WHEREAS, she was well known as an active environmentalist, staunch advocate of preserving open space, and arguably the most important person in Marin County during the '60s and '70s in preserving the character of the Tiburon Peninsula and Marin county, and WHEREAS, Margaret Azevedo was a key leader and supporter of the Town's incorporation in 1964; and WHEREAS, she contributed so much of her time and expertise to the Tiburon Peninsula, laboring tirelessly for issues of self-governance, open space preservation, and sound planning; and WHEREAS, she acquired her vast knowledge by involving herself passionately in Marin County Planning, the California Coastal Conservancy, League of Women Voters Campaign Watch Committee, the Richardson Bay Foundation, the Bay Area Transportation Study Commission, the Golden Gate Bridge District, the Association of Bay Area Governments Housing Task Force, the North Central Coast Regional Commission, the Point Reyes National Seashore Foundation, and the Marin County Democratic Central Committee; and WHEREAS, Margaret Azevedo lived an active and vibrant life and is known for her love of the out-of-doors, wonderful sense of humor, zest for life, and as a woman who was unafraid to speak her mind, and WHEREAS, Margaret Azevedo passed away on Saturday, December 2, 2000, and is deeply mourned throughout the Tiburon Community and Marin County. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby join Margaret Azavedo's many friends in expressing its sincere condolences to her children Joseph and Janet Azevedo, sister Janet Hanford, and nieces and nephews, and BE IT FURTHER RESOLVED that this Town Council did hereby adjourn its December 6, 2000 regular meeting in the memory and honor of Margaret Azevedo. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 20, 2000, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNICLMEMBERS: ANDREW THOMPSON, MAYOR TOWN OF TffiURON ATTEST: DIANE CRANE IACOPI Town Clerk TOWN OF TIBURON STAFF REPORT ITEM NO. ;2 To: From: Subject: TOWN COUNCIL DANIEL M. WATROUS, SENIOR PLANNER ADOPTION OF RESOLUTION GRANTING APPEAL OF DESIGN REVIEW BOARD DECISION TO APPROVE SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF A FENCE; 163 AVENIDAMIRAFLORES Report Date: DECEMBER 15, 2000 Meeting Date: DECEMBER 20, 2000 SUMMARY On December 6,2000, the Town Council held a continued public hearing on the appeal of the Design Review Board' decision to conditionally approve a Site Plan and Architectural Review application to construct a fence on property located at 163 A venida MirafIores. At that meeting, the Town Council unanimously voted (4-0) to grant the appeal based on revised fence plans submitted at the meeting, and directed Staff to prepare a resolution memorializing this decision. The draft reso lution has been prepared and is attached. RECOMMENDATION Adopt the attached resolution conditionally granting the appeal. EXHIBIT 1. Draft resolution RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING THE APPEAL BY CHESTER JUDAH OF THE APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW AND IMPOSING ADDITIONAL CONDITIONS FOR PROPERTY LOCATED AT 163 A VENIDA MIRAFLORES WHEREAS, on September 21, 2000, the Design Review Board held a public hearing to consider the approval of an application for Site Plan and Architectural Review for construction of a fence on property located at 163 Avenida Miraflores, proposed by Farnoosh and Firuze Hariri ("Owners"); and WHEREAS, after receiving public testimony and considering the application, the Board determined that an alternate fence location would result in fewer impacts on neighboring property owners, and unanimously approved (4-0, Boardmember McLaughlin abstaining) to conditionally approve the application as amended; and WHEREAS, on October 2, 2000, Chester Judah, ("Appellant"), owner of the nearby property located at 166 Avenida Miraflores, filed a timely appeal of the Board's decision to conditionally approve this application; and WHEREAS, the appeal came before the Town Council ofthe Town of Tiburon on November 1,2000, at which time the Town Council continued the hearing to the December 6, 2000 meeting, to allow the Owners, the Appellant and neighboring property owners the opportunity to reach a mutually satisfactory solution; and WHEREAS, on December 6,2000, the Town Council held a duly-noticed public hearing on the appeal; and WHEREAS, on December 6, 2000, after hearing all testimony and reviewing all documents on the record, the Town Council found that a revised fencing plan jointly submitted to the Town of Tiburon on December 6,2000 by the Owners and the Appellant would further reduce the potential visual impacts of the fence when viewed from neighboring properties; and WHEREAS, based on the above findings, the Council determined to grant the appeal by the Appellant, based on the revised plans submitted to the Town (a vote of 4-0). NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon memorializes that the appeal of Chester Judah was granted, subject to the following conditions: Tiburon Tcwn Council Resolution No. December 20, 2000 1 1. The development of this project shall conform with the application dated by the Town ofTiburon on August 9, 2000, or as amended by these conditions of approval. Any modifications to the plans of December 6, 2000, must be reviewed and approved by the Design Review Board. 2. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued. 3. Plans submitted to the Building Department for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifYing all such changes when submitted to the Building Department for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Design Review Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Design Review approval is not valid and shall be subject to stop work orders and may require removal. 4. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. PASSED AND ADOPTED at a regular meeting of the Town Council on December 20, 2000, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ANDREW THOMPSON, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK H :dwatrous/resolutionsrrC700 150.resolution.doc Tiburoo TONI1 Council Resolution No. Decemlleo 20. 2000 2 .~ ", OF T, ~~"rz. -(~~9, ,:; 0"""", ",...'... TOWN OF TIBURON OFFICE OF THE TOWN ENGINEER Irving L. Schwartz, C.E. (4 I 5) 883-9200 . Fax: (4 I 5) 883-2763 ilschwartz@iIschwartz.com I~ #-3 LETTER OF TRANSMITTAL DATE 12-08-00 I JOB NO 6940 E9907 ATTENllON Alex Mcintyre RE: Stewart Drive at Tiburon Blvd. I ntersection Study To: .Town ofTiburon 1505 Tiburon Blvd. Tiburon, CA 94920 WE ARE SENDING YOU o Shop drawings I2l Copy of letter I2l Attached o Prints o Change Order o Under separaIe cover via o Plans 0 Samples o the following items: o Specifications COPIES DATE NO. DESCRIPTION 2 . 7 Signed Agreement for Professional Services from Korve Engineering 1 12.05-00 1 Korve cover letter THESE ARE TRANSMITTED as checked below: o For Approval I2l For your use o As requested D For review and comment o FOR BIDS DUE o Approved as submitted o Approved as noted o ReIurned for corrections o o Resubmit _ copies for approvai o Submit _ copies for distribution o Return _ corrected prints o PRINTS RETURNED AFTER LOAN TO US f REMARKS We solicited proposals from three consultants, however, Korve was the most qualified to perform the requested scope of work. The other two consultants declined to submit a proposal as they did not have available staff to perform the work. If funds are available, I request that the agreement be executed. 1C'l::;:.?1.(" ~M'lS::T'> ttZl~.!1 \,J \.:.:1 ': ~:.J."" :-l,.;J COPYTO DEe 1 1 2000 TCW~J \'1ANt..GF:S C'FFiC: TOVVN OF T!l,UHml SIGNED: , AGREEMENT FOR PROFESSIONAL SERVICES TIllS AGREEMENT, made and entered this _ day of ,2000, by and between the TOWN OF TIBURON, a political subdivision oftlte State of California, hereinafter called "Town," and Korve Engineering, a California corporation, hereinafter referred to as "Consultant," RECITALS A. The Town desires to retain a qualified professional to provide those services described in Exhibit A, which is attached hereto and incorporated herein by reference ("Services"). Consultant is fully qualified and possesses all necessary licenses and credentials to provide the Services. B. The parties wish to contract for the Consultant to provide the Services as set forth herein. AGREEMENT I. ScoDe of Consultant Services. Consultant shall perform those Services described in the Consultant's Proposal for Services ("Exhibit A"). Any Additional Services must be authorized by the Town in writing. , 2. Compensation. Consultant's fee for the Services shall be as shown on Exhibit A ("Base Fee"). Unless otherwise provided in Exhibit A, Consultant shall submit monthly invoices for payment based on the percentage of Services completed. All invoices shall be paid within 30 days of submission to the Town. Consultant's fee for any Additional Services shall be compensated on a time and materials basis up to a maximum amount that shall be established in the document in which the Town authorizes the Additional Services. 3. Time of Performance. The Schedule for Consultant's performance shall be as set forth in Exlnbit A 4. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnifY, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages (collectively, "Claims and Losses") to the extent that such Claims and Losses arise from Consultant's negligence or willful misconduct in performing the Services pursuant to this Agreement. In .the event that other parties are found to share responsibility for the Claims and Losses due to their negligence or willful misconduct, Consultant's liability under this paragraph shall not exceed its proportionate share of responsibility for the Claims and Losses relative to such other parties. 5. Consultant as Independent Contractor. Consultant (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, Consultant shall maintain 1 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 I)Ot limited to, withholding and Social Security. 6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation. 7. Insurance. Consultant shall maintain insurance as set forth below. A. Comprehensive General Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. ,/ B. Comprehensive Automobile Liability: Combined single limit of$l, 000,000 fOr each single occurrence for bodily injury and property damages; $2,000,000 JUlIlual aggregate. C. Engineers Professional Liability: For an amount of at least $1,000,000 on a claims made basis. 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 and employees 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 and employees. 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 appro-val of the Town Attorney. 8. Ownership of Documents. All plans, studies, documents and other writings prepared for and by Consultant, its officers, employees and agents and subcontra~tors 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. Consultant shall, upon request, provide such materials to Town. Unless otherwise provided in Exhibit A, this paragraph shall not apply to formulae, modes.9f analyses or other instruments used by Consultant to develop the plans, studies, . documents and other writings prepared in the course of performing the Services. Town acknowledges that such documents are prepared for use only in connection with particular projects. Consultant 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- 2 use by Town without specific written approval by Consultant shall be at Town's sole risk. 9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant 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 Consultant. Upon receipt of the Stop Work Order, Consult;mt shall immediately-comply therewith and take.a1l reasonable steps to minimize the incurrence of costs alIQcable to.the Services covered by thl} Stop Work Order during the period of work stDpl1age. 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..orterrninate this Agreement as provided.inParagraph I I. Consl.l!tant shall resunre-wotk upon the cancellation of the Stop WorkDrder. To the extent that tlie'StopWork Order results in a documentable increasem the cost of performing the Services or the time required for such periumance, Consultant shall receive an equitable adjustment in compensation or an extensionaftime-feFpetformance, as appropriate: 10. Delinquency. In the event that a proper invoice remains unpaid for more than 30 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of I .5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town IO days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 11. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 12. Discrimination. In the performance of the terms of this Agreement, Consultant 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. 13. Dispute Resolution. In the event that a dispute arises between the parties relating to this Agreement, the parties shall attempt in good faith to resolve the dispute through direct negotiation. In the event that direct negotiation is unsuccessful, the parties will attempt to resolve the dispute through mediation. Neither party shall have the right to institute litigation to resolve the dispute until they have tried in good faith to settle the matter through mediation without success. 14. . Miscellaneous. , 1 ~ A. Other Contract Provisions. Other provisions may be 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. Govemimz 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: Assil!Jl1Dent. 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. IS. Exhibits. This Agreement includes the following Exhibit(s), which are attached hereto and incorporated herein by reference: Proposal from Korve Engineering dated August 30, 2000 Exhibit A: IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT TOWN h--~~ ~ korve Engineering By: Its: P ..-< :5 ,'..\ c. ~.-\- APPROVED AS TO FORM: ~~~ Ann R. DanitS'fth, Town Attorney .. 4 SEP-01-00 11:18 Fr..:KORVE EN.INEERIN. OAKLAND 5108345110 T-598 P01/D4 Job-751 I~ Korve .~ Engineering EXHIBIT "A" August 30, 2000 Mr. Irving Schwartz Town Engineer, City of Tiburon clo LL Schwartz Associates. Inc. 79 Galli Dove Novato, CA 94949 SUB.lECT: STEwART DRIVe/SR 131 INTERSECTION Dear Mr. Schwartz: Korve engineering, Inc. (KORVE) is pleased 10 submit th.s proposal to conduct an analysis of Stewart DrivelTlburon Boulevara intersection. The work includes the preparatiOn of a cletalled traffic signal warrant study along with an assessment of Ihe existing horizontal and vertical alignment at the intersection. The pnmary purpose of Ihe study is to persuade Caltrans to pursue improvements al the intersection, including signalization. SCOPE OF WORK TaSk 1. Data COlleCtion To prepare traffic signal warrants and an evaluation of the existing geometry at the intersection, several pieces of information will need to be collected. These include the following: Eight hour vehicular traffic counts; Pedestrian counts; Accident records (TASAS): and . As.budt drawings. . Vehicle and pedestrian counts will be collecled by KORVE on a clear weekday during the schOOl year. Accident records and as-bUilt drawings for the intersection will be obtained from Callrans. The accident data will also be supplemented wilh information available from the police department. We assume that the intersecbon's existing geometry is readily available in Callrans' rGCard drawings and thaI no new surveys or aerial photographS need be collected ali: part of this work effort. Task 2. Traffic Signal Warrants KORVE Win prepare traHic SIgnal warrants for the intersection based on the information collected in Task t. The degree to which the intersection meelS Caltrans warrants will be noted. Task 3. Evaluate Intersection Geometry The eXlsting honzontal and vertical geometry altha intersection will be reviewed. In particular this analysis will focus on sight distance and lhe dangers Ihallimiled sight distance may pose. ..l, -':,',,, '..." . c. : ~ ..;.' :,' .{; ..:.. ~ ;~''''. ." -' .~. . ~ :,-': . --- .-..- ......- ...- ;'~. ::-: ::2: SEP-DT-DD IT:18 Froo:KORVE ENGI~EERING OAKLAND 5108345220 T-598 P 03/04 JDb-T51 IE" ICorve I.... Engineering Mr. Irving Schwartz August 30. 2000 Page 2 Accident records will be reviewed to determine if limited sight distance is resulting in a safety problem. If this is the case, it would be a pen:uasive argument towards the installation of a traffic signal at this location. Task 4. Letter Report A letter report summarizing the results of our data collection and analysis effort will be prepared. Our findings and recommendations regarding necessary improvements will be clearly presented. BUDGET We estimate the total cost of the above scope of work to be approximately $15.400 which we propose to bdl on a time and matenals not to exceed basis. A spr9adSneel is attached iUustrating our proposed labor hours and costs for each of the above tasks. Please do not hesitate to call Bill Burton or myself (510-763-2929) if you any Questions regarding this proposal. Sincerely. KORVE ENGINEERING, INC. W~?~ ,c~ Hans Korve. PE President .. .. .. '1' .. ~ ii .. .Ii!! -.. .. c: III 0 .. ... = e .. i ~ & ~ € > a t: ; ~ .. SEP-DT-DD 1T:18 F,..:KORVE ENGINEERING OAKLAND ~ I ~~~po a a : .. I:I~ - a .... ~ ....~~~cooo OQDQ = ,,~ - - , o 0 ~;z: --- ~ ;s 0 E .. ~ ~ .. "" _CD ... ~a j.:-_N_ . . 0 a:- ~ N ;;; ... " j ...... :!'S 'l> ~.... IC .... - Iii BCL~ ~ Os ~ !!l .. I 0 ~ 0" 0 Sl "" " 1- 0 I~ . ....c: - E I i 0 I c3 " 0 I I , i .0 i , ..- . I .. , c:t i , I 0_ _ , , j"C:1: I ~ 0- o _(jj 15 a -0 ~ct .- (,J ". i .. ~_=-i~ , ! dOI-~.! r.! .. I : . t: ~ 0 . ~ ~-N("t.... I ~ I 51D8345ZZ0 !ii!ii .. "S8pS :i~::~S2 .. .. ...... .....!! :~2! "~15!g :1:%0002 8<;110-..,1;1 .. l1. "0 .. ~g ~ 00 18 r~H I ~ 0( ~ -= i~ 2uQ.~a:U) '" ... .. :z: '" .. III ~ dl .. on IX: :> ~ Ii) a: is "'- w" .... z~ w- ..- illS ~! ""' <Iii l:!;z: :> .. '" Ii) a: " 15 JS . '" T-5a8 P 04/04 J.b-T51 ! :! .. ~ I 1 . ~ . ... ~ ~ t: ; .! .. TOWN OF TIBURON STAFF REPORT To: TOWN COUNCIL ITEM NO. + From: TOWN CLERK Subject: Amended Minutes - November 9 & 14,2000 Date: December 20, 2000 BACKGROUND At its December 6,2000 regular meeting, the Town Council continued adoption of the November 9 & 14,2000 meeting minutes pending amendments by Council and Staff. To date, Vice Mayor Matthews has submitted the following corrections to the transcripts of the hearings submitted by Jane Grossman Reporting Services. These changes are listed in the attached Exhibits. RECOMMENDATION That the Council adopt the November 9 & 14,2000 minutes as amended by Vice Mayor Matthews, or continue the item if there are further changes to be submitted by other Town Councilmembers or Staff. -==' / Diane Crane Iacopi EXHIBITS --Corrections to November 9,2000 Town Council Minutes --Corrections to November 14, 2000 Town Council Minutes Amended },,finales - November 9 & 14, 2000 Page 1 TOWN COUNCIL MINUTES NO. 1204 - November 9.2000 Changes submitted by Vice Mayor Matthews: Page 71, line 11 delete "very" Page 110, line 20 add "new" between 'of ^ additional' After "usage" add "?" rather than a period. Amended Minutes - November 9 & 14, 2000 Page 2 TOWN COUNCIL MINUTES NO. 1205 - November 14. 2000 (Changes submitted by Vice Mayor Matthews) Page 210, line 9 Page 211, line 6 Page 211, line 15 insert "rather" between 'locally ^ than' after the last word 'the' add "issues" "at" should be "with" ['which [strike 'it was'] ~ proposed [strike 'that the'] at [add "with"] Page 211, line 16 Page 211, line 23 add "olus" garage. Add "this" did not... add ability "to expand" Page 212, line 2 after "character" add "since larger remodeling has been taking olace in that neighborhood for some time." Page 212, lines 4 &5 should read, "has a height of30 feet and is an unusuallv orominent building for that site on Hilary Drive." Page 212, line 6 delete "and"; begin sentence with "Again" Change "would" to "agreed not to" Page 212, line 15 "Then" should be "when" Page 212, line 16 "from the" should be "of' Page 212, line 18 after "feet" add "of net new classroom space" Page 213, line 1 "underquality" should read, "inadequate and subaualitv" Page 213, line 16 "as l! landscaping plan on the ..." Page 213, line 19 "boils down to the gym" Page 213, line 23 "where we are on these issues" Page 213, line 25 "... partner, Councilmember Gram talk about the gym-I'm going home." Page 252, line 21 delete "And" and begin sentence "This" Page 252, line 22 delete "it has been" Page 252, line 25 replace "and" with "to where" Amended Minutes - November 9 & 14, 2000 Page 3 TOWN OF TIBURON ST AFF REPORT ITEM NO. 5 From: Mayor and Members of the Town Council Alex D. Mcintyre, Town Manager ~ Subject: Zelinsky Park - Award of Contract To: Date: December 15, 2000 At its December 6, 2000 meeting, the Town Council continued its decision to award a contract for the construction of Zelinsky Park pending a request for additional information. At issue is whether the Public Works Department can undertake such a project both timely and more cost effectively. Attached you will find: I. The original staff report dated November 30, 2000 recommending award of contract to Nealy Landscape for construction of Zelinsky Park; and 2. A memorandum from Public Works Superintendent Tony lacopi outlining a timeline and cost estimate for the Public Works to undertake the same project. As you can see, Public Works has indicated that they can begin the project after the first of the year and, barring any unforeseen emergencies that would detract the crews, the project would require approximately 40 working days (or eight weeks). The Public Works crews can complete the project for approximately $29,414 while Neary Landscape will cost $36,950, for a difference of$7,536. What remains unclear, yet will be clarified by the time of the Town Council meeting, is the $8,750 cost for AC paving which Public Works has not yet bid Tony Iacopi will have reviewed the final plans and will have an estimate to complete the AC paving portion of the project. One final important note, Public Works strongly encourages the Town Council to allow them to pour footings for future furniture (benches and trellises) prior to the installation of the irrigation system and landscaping. Recommendation It is recommended that the Town Council review the information attached and direct staff accordingly Attachments '. TOWN OF TIBURON STAFF REPORT ITEM NO. /1 To: Mayor and Members of the Town Council From: Alex D. McIntyre, Town Manager Subject: Zelinsky Park - Award of Contract Date: November 30, 2000 At the November 1, 2000 meeting, the Town Council directed staff to work with Bruce Ross, Ralph Alexander, staff and other interested parties to finalize the plans for the Zelinsky Park project Staff has had two meetings to further review and refine the plans for the proposed park. Minor modifications have been made to the plan including type of plantings, irrigation system, and the removal oflandscape furnishings. Bruce Ross was confident that the benches and related furnishings could be individually donated and installed at a later date. The revised plans have been shared with Neary Landscape and their revised proposal is attached. The new total cost for this phase of the project is $45,900 that is below the $50,000 budgeted in the 2000-2001 Capital Improvement Budget As you may recall from Scott Anderson's original staff report on this issue, the Town will also need to purchase a new water allocation from MMWD and either purchase a new water meter or upgrade the existing water meter to service the Park's irrigation needs. The cost ofa new water meter is estimated at $1,800. The current landscape plan is calculated to require a water allocation of approximately 0.5 acre-fee per year. The combined cost for the water meter and the new water allocation are approximately $13,625. Recommendation It is recommended that the Town Council: 1. Authorize the Town Manager to negotiate and execute an Agreement for Services with Neary Landscaping in an amount not to exceed $45,900; and 2. Allocate $13,625 from the Park-in-Lieu fund to purchase or upgrade the water meter and for a new water allocation of 0.5 acre-feet from MMWD. Attachment , IPROPOSAL : Neary Landscape \ P.O. BOX 4306 San Rafael, CA 94911 .(4lS) 492-1444 I CA#7~50440 PropoaI Submitte<l To ITa... of ntJuroll C/O IlaJpIl A1eJ.aDder aDd Au"", PI",",e: 338-8777 I1ate: 11/28/00 IJob NillIle Lul:aliou: Z./iuslly I'ark . We ~ hereby to fumi.h material and Ilbor-<;Oll1plerc ill tcCOtdaIIce witb IfI< cir~OlII below, filr tho ...... of: ~:::y~~~~';.ymen;----,-----'------'--'--'---'-4IIaB(SO.oo) All material is guaranteed to be as specified. All work to he compl~~ in a workmanlike manner according to staDdard pmctices. Any alteration or deYiation from spt1:iticalions below involving extra costs will be executed only upon written orders, IUId will betolae an extra charge over and above the estimate. All agreements con1ingclll upon strikes, accidellls or delays beyond our control. Owner to carty fire, earthq~ IUId other necessary insurance. Our MIlkers are fully covered by Workmen's Compensation Insurance. Note: Thi.ll'OpouJ may be with4nwn by u, tf1ll>11lCC:pted within 30 dayo. AUlbonzed SigMlure: Dale: -Remove allOl", alld invasive plants .-DELEIllD Furnish olll! inataU .. per Ralph AlIXllllder revised drwg. ",d specification. dol,,", 819/00. -PavillS (AC pith repai... odditional AC. COlI<t'Cle step..1 tlllf) -GroCiogl Topsoil. (I'C/IlOve 6" ...istina ",i1s to K05Ihodat. newtgptoil (&") at turf ORa. IlIChlda I>>ing existi... soil, to fill areas lower than 6") -Sllel'umi.lliDp-DELETED .Pl'Dliog (plantillg, lawn, soil prep., iDcludea &IllCPding ..isting ooil. II OIller pcrirD<<er p1lJlting _. .Irrigation .Site dean-up and n'laintcUll" Coot Cost $8,7S0 Cost $1,950 Cost COS! SI7,400 Cotl S9,6OO Coal SI200 TOIaI $ 45.900 Not.: -E",,!udc. bond.. .-en. pormita, fees, Dosed OIIItDCDdiog Cltisling soilll~ OUUI perimeter plaaI....... _ Import ",iIlimited to 6" depth ot turf ..... (appro". 250 c.y.), DcQ>rnp~ gnnite JMlha d.lclod. .; , In State of California: Contractors are req~ by law to be licensed and n:p1atcd by the Contracton' Stare Licensc Board Arri qucstioJlS concerning a conttllctor may be lIIfern:d to the board whose addn:ss is; CONTRACfORS' ST ATE LICENSE BOARD, P.O. BOX 26000. SAcRAMENTO, CA 9.5826 ACCEPTIfNCE OF PROPOSAL. The .bems pri_. ~"lio".1IIld toIIditior.. ~~, md are hereby 1CCqIlOd. You are autbarized to do !be w<<k .. opeo;ified. Paymea& will be lIlIde fS ou1Iined Ibov., Date of Acceptance: Signature_. ~'1 ~'-:ct'e (".0 180x tfCf)3 5~ ~J I CA ~<;t:!l:J , llc.. IF 7'sS-'NO c- Z7 PROPOSAL l sHlIiT NO. .' </I$-7'~Z -1'-1 lfcf WO"K TO BE PERFORMED AT: 1" __ MreOy pmp>>I to fullWh .,. n-.fIaAa al'1d,.mnn M iUDr ~ for the QOI,...J.llon at NlCHITICT '''''::''.' 7A ~ Q'TY, ITA'" ClATI f1f~ oOtCl<< .. - - \. gUo Ar')t..d to be .. specl"", and the above work 10 be p.rformed In aCQo,d_"ce wllh the dr.wing. ana .pectfteatlone l\tbmttted for abov. wortc and complet4td In II IJ'-lbatantl.' wortu'rlanllke manne.. fer \Me 'Jl,.lm of- 00IltI<1I (t wtth .,.yments to l:Mt a. 10t&o_ NfI~"""""""-"""""-'''''- ..........-"*"'..... ~.....~.....-. ~ ........ ........ ....,......,.................. ..........,..........----, -.-: ~7 Nolo . 111,. ",.,.,..1 ",.y be wilh_ by III ~ not ,"",,1O..1lIIin 3" dl)1 ACCI<PTANCE OF PROPOSAL ,.". ~ prioM., ~ tnG' ccndItklnli ate _41-=cotY and.,.. "',,"y ,tlct You.. ~ to do ttI. work"~. ~.. wtIf tMl ~ _ outIrNd~. _l\INi OlTl Sl<INATVI'II "'" " 0010 \ 9'1}" .IV ~,. I, . '" ,/..-"t.; I 47Q-7;,7? l'i-\"'''''~ . ~~l,.::.t. ?''''~ TOWN OF TIBURON MEMORANDUM i .~,~O-F-T-It... .... ,~q0 <- "0 - - ~-- ~r~, '.~7i~ ~\, \ ('\ ',~ ' - ; . '.' -,-' . I,...,... ~"~"'..,;;:/ li'fV"A '\~C.':'I: , . . To: From: Subject: Date: TOWN MANAGER SUPERINTENDENT OF PUBLIC WORKS ZELINSKY PARK TIMELINE December 14, 2000 Per your request, I have broken out times and costs associated with the construction of Zelinksy Park if Council decides to direct the Public Works Department to perform the work. You also asked me to separate the Landscape and Irrigation portion of the work from the . rest of the work (installation of benches, trellis, and walkways, etc.) However, I highly recommend that the concrete footings for the benches and trellises be poured before the landscaping is installed to avoid having to tear up any landscaping and irrigation after the fact. Work could begin in January 2001. Once we receive a notice to proceed, Public Works will need a two-week lead time to order materials and supplies. The times are estimates only, as we may encounter delays due to winter weather. Other variables might include whether or not any further changes are made to the adopted plans. Following is a list of tasks, costs and estimated times: TASK 1. Grading - (contracted out) COST $ 1,400.00 ESTIMATED TIME 1-2 working days 2. Install Irrigation System (trenching, pipe and sprinklers) 3. Soil Preparation (top soil, grading, finishing) 4. Planting and Clean-up 7 working days (3 men) 5 working days (1 man) 10 working days (2 men) $25,552.04 5. Hydro-seed lawn - (contracted out) 6. Finish work $ 1,050.00 $ 1,412.16 1 working day 3 working days (3 men) SUBTOTAL $29,414.20 Page 2 Memo to Town Manager re: Zelinsky Park Timeline December 14, 200 TASK COST ESTIMATED TIME 7. Install concrete footings (for benches, trellis & walkways) 8. Bench & trellis assembly 5 working days (3 men) 15 working days (3 men) $15,056.35 9. Brush removal (Marsh side) (Dump at Corp. Yard & Town Dump area) $ 6,228 10 working days (4 men) SUBTOTAL $21,284.35 GRAND TOTAL = $50,698.55 ~ Tony E. lacopi Superintendent of Public Works TEVdci TOWN OF TIBURON ST AFF REPORT ITEM NO. -k- From: Mayor and Members of the Town co~ J Alex D. Mcintyre, Town Manager ~ To: Subject: Retention of a Public Works DirectorlTown Engineer Date: December 14, 2000 I believe that the time is right to retain a full-time, in-house Public Works DirectorlTown Engineer. Former Town Manager Bob Kleinert previously advocated for such a position and the Town Council was uncomfortable with the concept at the time. The Council instead, asked staff to monitor the current contractual situation and assess a year's worth of data relating to service, quality, financial, and other issues. As you know, the Town Council contracts with Schwartz & Associates for Town engineering services including the appointment ofIrving Schwartz as the Town Engineer and John Hugunin as the Deputy Town Engineer. This arrangement has been in place since April 1999. Schwartz & Associates is located in Novato and the Town Engineer/Deputy Town Engineer spend Tuesday mornings and Thursday afternoons in Town. Otherwise, they are working from Novato This schedule and distance creates problems for times of urgency when an "engineering" opinion is needed In addition, Schwartz & Associates has a number of other clients as well and cannot necessarily respond to all of our needs. A town the size of Tiburon warrants a full-time in-house Public Works Director/Town Engineer. Of the 11 cities in Marin County, Tiburon is the only one without such a position. Public Works services are fundamental to the success of a town like Tiburon. Clearly, from a maintenance point of view, the Town appears to be well serviced. However, from an engineering and administrative point of view, I have concerns. Right now, there is a communication breakdown between the Town engineering and maintenance functions Clear management and leadership of the overall department is critical As consultants, Irving Schwartz and John Hugunin are professional attachments or appendages to the Town Typically, one tends to be generally unfamiliar with the other's work, causing another disconnect even within the engineering function. My preference would be to have one individual responsible and knowledgeable of all of the projects and who is a part of the Town's management team. For overall team effectiveness, it is critical to have the department head be an integral part of the management team. In fact, since my tenure, I have now asked Irv Schwartz to join us in Town Council December 14, 2000 Page 2 of4 our weekly management team staff meetings Having him there has proven to be rather beneficial for our collective benefit. The combined Public Works function is the second greatest resource-driven service the Town provides As proposed, the Town Public Works Department would have three basic units: engineering, maintenance and administration. In fiscal year 2000-2001, the Department would have nine employees and an overall operating budget of nearly $900,000 and a capital improvement budget of nearly $1 million rendering it the second largest Town department. A proposed Department Organization Chart is attached. Proposed Process In order to retain a qualified Public Works DirectorlTown Engineer and given the current employment market, I would strongly recommend that the Town retain an executive search firm to aid the Town in identifYing qualified candidates. The firm would work with Town staff in designing the candidate profile, proactively recruiting and screening candidates, arranging the interviews and conducting background checks on the final candidates. This process would take up to four months to complete. I would also recommend that the Town hire additional part-time clerical assistance for the new Public Works DirectorlTown Engineer and the Superintendent of Public Works. The Town Clerk currently provides this function. A new clerk would also provide public counter assistance as it relates to the Public Work/Town Engineering function. Concurrently, the Town would need to create and furnish offices for both positions. Conceptually, the Planning Department workspace would be converted into an office that would be adequate to serve the needs ofa Public Works DirectorlTown Engineer. In addition, the area adjacent to the Building Permits Clerk would be converted into clerical assistant office area. Fiscal Impact The estimated one-time and ongoing costs for a new Public Works DirectorlTown Engineer (PWD/TE) total $178,000 Ongoing Costs Annual salary & benefits - PWD/TE Annual salary & benefits - clerical assistant Sub-total $120,000 23.000 $143,000 One-time Costs Creation/furnishing of a work spaces Recruitment Sub-total 15,000 20,000 $35,000 Town Council December 14, 2000 Page 3 of 4 In Fiscal Year 2000-2001, the Town budgeted $109,500 for Town Engineering services with an additional $62,000 in design andlor project management related services for a total of $171,500. It should be noted that in 1999, the Town spent approximately $164,000 for Schwartz & Associates billing over 1,800 hours, which is roughly equivalent to a full-time position. Schwartz & Associates charge $90/hour for the first 64 hours of billed time, per month, then up to $120/hour for each hour thereafter. Even though the person who would be retained for the position would be a Civil Engineer, it is important to understand that the new Public Works DirectorlTown Engineer would not necessarily be able to perform all of the functions presently provided by Schwartz & Associates. For instance, the design of major public works projects would still likely need to be contracted with a private firm. Benefits In conclusion, the Town stands to improve public services by creating an in-house public works/engineering function. The benefits include: I. A tlexible, more responsive, committed team member running the Town's second largest department; 2. By being fully committed to the Town of Tiburon, a PWD/TE would have direct "ownership" of the Public Works and Engineering operations. He/she would care; 3. Improved management over the Town's Public Works Maintenance operations, which would relieve the Superintendent of Public Works to more closely supervise his crews in the field; 4. Such a position is cost-effective; and 5. Additional on site assistance with issues relating to engineering, maintenance and related administrative functions for the public and Town staff. Finance and Administration Committee Action At its December 13, 2000 meeting, the Finance and Administrative Committee of the Town Council reviewed and supported this proposal and recommended that it be forwarded to the full Town Council at the December 20, 2000 meeting for consideration. Town Council December 14,2000 Page 4 of 4 Recommendation It is recommended that Town Council approve the creation of a Public Works Director/Town Engineer position and direct staff to bring back the following for Town Council consideration: 1 . An agreement with an executive search firm to conduct the search 2. Modification to the salary and benefits resolution establishing the position and salary range; 3. A budget amendment to fund the one-time and ongoing financial needs for the position; and 4. Approval to create a half-time public works clerical position. Attachment Proposed Public Works Reorganization Public Works Director/ Clerical Town Engineer Assistant Superintendent of Technical Public Works Assistant (PIT) I I Streets Division I Public Works Foreman I Maintenance - Worker 2 - Maintenance Worker 1 Landscape Division Mechanic Division I Asst. Superintendent of Public Works I - Maintenance Worker 1 - Maintenance Worker 1 Maintenance Mechanic (proposed for 2002) (R. Stranzl, 12/14/2000) TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 12/20100 7- To: TOWN COUNCIL From: SCOTT ANDERSON, PLANNING DIRECTOR~ Subject: DOWNTOWN FERRY AREA IMPROVEMENT PROJECT: CONSIDER ADOPTION OF AN ORDINANCE EXEMPTING THE PROJECT FROM THE TIBURON ZONING ORDINANCE AND ESTABLISHING STREAMLINED PROCESSING PROCEDURES THEREFORE (Ordinance---Second Reading and Adoption) Date: DECEMBER 15, 2000 BACKGROUND At its regular meeting on December 6,2000 the Town Council passed first reading of the above- referenced Ordinance. Second reading and adoption are now in order. RECOMMENDATION 1. That the Town Council hold a public hearing on the draft ordinance. 2. That the Town Council move to read by title only and hold a role call vote on Second Reading and adoption of the Ordinance. EXHIBITS 1. Draft Ordinance. Tiburon Town Council Staff Report 12/20/2000 1 ORDINANCE NO. N. S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TmURON ESTABLISHING STREAMLINED PERMIT REVIEW PROCEDURES FOR THE DOWNTOWN FERRY AREA IMPROVEMENT PROJECT The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. PURPOSE The Town of Tiburon is proposing to make landscaping, signage, lighting, circulation and other improvements in the Downtown area in the vicinity of the Blue & Gold and Angel Island ferry docks in order to enhance public access to the ferries. The project is generally referred to as the Downtown Ferry Area Improvement Project. Under provisions of the Tiburon Zoning Ordinance, this project would require a review by and recommendation from the Parks & Open Space Commission, review and approval by the Tiburon Design Review Board, and possibly issuance of a conditional use permit from the Tiburon Planning Commission. The Tiburon Town Council is adopting this ordinance for the purpose of establishing more streamlined permit review and approval procedures for this major public investment, and providing for direct Town Council review and approval of the project. This ordinance exempts the Downtown Ferry Area Improvement Project from provisions of the Tiburon Zoning Ordinance while establishing review procedures for the project. The purpose of the ordinance is to streamline the review process in order to reduce public costs of the project while preserving the public input process by making the Town Council the sole decision- making body for the project. SECTION 2. EXEMPTION FROM ZONING ORDINANCE The Downtown Tiburon Ferry Area Improvement Project (File S2000-03) shall be exempt from all provisions of the Tiburon Zoning Ordinance, Tiburon Municipal Code Chapter 16. SECTION 3. REVIEW PROCEDURES ESTABLISHED Plans for the Downtown Ferry Area Improvement Project shall be reviewed pursuant to the following procedures: (A) The Town Council shall hold one or more public meetings to review and approve conceptual drawings for the project, and shall hold one or Town ofTiburon Ordinance No. Effective 1 EXHIBIT No.l more public meetings to review and approve final working drawings for the project. (B) At any time during the process, the Town Council may, as it deems appropriate, refer the project to the Planning Commission, Design Review Board, Parks & Open Space Commission, or any other Council-appointed Board or Committee for that group's input or analysis. Such referrals shall be advisory and not binding on the Council. (C) Prior to any work on the site, the Town's Building Official shall issue a grading or building permit for the project as necessary. (D) The project shall be exempt from all Town fees. SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of the court of competent jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable and shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town ofTiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council held on and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES: NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: Town ofTibumn Ordinance No. Effective 2 ATTEST: DIANE L. CRANE, TOWN CLERK Ferry access om.doc Town ofTiburon Ordinance No. , MAYOR TOWN OF TffiURON Effective 3 J. TOWN COUNCIL INTERVIEWS - Town Council Vacancy 8:00 - 8:15 8:15 - 8:30 8:30 - 8:45 8:45 - 9:00 Margarita Perry Jeff Slavitz Miles Berger Stephanie Pugash December 1, 2000 RECE~"ED DEe - 4 2000 Mr. Alex Mcintyre Town Manager 1505 Tiburon Blvd. Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON Dear Alex, I am submitting my name for consideration for the recently vacated position on the Tiburon Town Council. Over the last year I have become very involved with the Upper Stewart/Silverado undergrounding project. As an active member on the committee I was responsible for growing the originally proposed district from 47 homes to 87 homes. Being charged with the task of going door to door to gamer support for this project, I had the opportunity to meet personally with the majority of these homeowners. In addition to discussing the undergrounding project in great detail, I listened to their concerns and took action on their behalf, resulting in PG&E and other utilities finally responding to our concerns. I feel that my involvement with the community over this project has allowed me to get close to issues other than the undergrounding project - issues that impact our entire community. After months of meetings, countless phone calls, and trips door-to-door, I have come to believe that what the Town Council needs is not another "expert," but an individual who can access the needs of the community, has the tenacity to call the appropriate experts and the skill to manage those experts in an efficient way. As a Financial Consultant for twenty years, I am accustomed to dealing with tough and sensitive issues. I manage over $250 million in assets for my clients, many of whom are senior citizens. I have dealt with elderly individuals who are on a fixed income, high net worth individuals who need extensive planning regarding their estates, and dealt with tax and budget issues. Based on my experiences, I feel confident that I can add value to the Town Council. I would be pleased and honored to serve my community. Please let me know if I can provide the Town Council with any additional information. Thanks for your consideration. Sincerely, '-(Yl~CG~ GlU Margarita Perry Vice-president, Certified Financial Manager Merrill Lynch Private Client Group November 27, 2000 RECEIVED NOV 2 7 2000 TOWN MANAGERS OFFICE TOWN OF TIBUROfl Jeff Slavitz 45 Upper North Terrace Tiburon, CA 94920 Diane Crane Iacopi Tiburon Town Hall Tiburon, CA 94920 Dear Diane: I would like to submit my name for consideration by the Town Council to fill the council seat vacated by Terry Hennessy. I feel I have a lot to contribute to the council. My experience includes having been on the Design Review Board and the Board of Adjustments and Review for four years, the Heritage and Arts Commission for about six months, and most recently, on the Planning Commission for the past three years. I find that increasingly more appeals ofDRB and Planning decisions are making their way to the Town CounciL I believe the town would benefit by having somebody with my experience in local government on the council. I look forward to the opportunity to discuss my qualifications and interests in more detail with the Town Council. Thank you in advance for your consideration of me for this position. Sincerely, lJL~ BERGER/DETMER ARCHITECTS, INC. IDecember 4, 2000 Town Council- Mayor Andrew Thompson Town of Tiburon Clo Ms. Diane Crane Town Clerk Tiburon Town Hall 1505 Tiburon Blvd. Tiburon, California 94920 Re: Town Council Vacancy - Applicant ~;~:l~~~;' ""","mED DEe - 6 2000 TOI.4"!"." ,",. ,",',NAG"RS OF ^, Ti-:""\'", L, FIL,e "":iid l.,FTlBURON Dear Mayor Thompson and Town Council: I am sorry to leam that Council Member Hennesy's work obligations will require her to leave the council on which she has served with such distinction. She leaves a diffi- cult opening to fill. I would be honored to be considered to serve the Town on the Council, and this letter is to formally ask for your consideration. Over the last ten years I have served the Town as Parking and Traffic Commis- sioner, Design Review Board Commissioner for four years, with one year as Chair of that body. During that time the board strove to regularize the process of the Board and to refine the process of Design Review within predictable parameters. As with all DRB work we also tried our best to strike a fair balance between the de- sires and rights of applicants and neighbors. For the last six years, I have been privileged to serve on the Planning Commission, again serving as vice chair and chair. We have grappled with a wide range of land use and planning issues that face the Town and in this work I have come to further understand the growth issues and challenges that we face posed by growth. I have also had the pleasure of working with a wide sample of the residents of town and had the opportunity of seeing the careful and thorough way in which our citizens ap- proach issues of importance. It is this wider view of the heart and soul of living in a community that interests me about service on the council. As I have moved from each organ of service, I have widened the scope of my view of the civic duties involved in each board or com- mission. I believe that I can bring the experience of this past service to the duties of the council but also explore seeing the town from this widest of vistas. I look forward to considering the welfare of the Town beyond planning and design agendas. I also look forward to getting to know even more of our outstanding citizens and helping to represent their interests. I have talked with my family, and I have their OK to devote the extra time that I know the council requires. Thank you for your consideration. Sincerely, Inil 111 krJ-. ~ AtJ1 ~/ U '- Cc Ann Danforth 400 MONTGOMERY, PENTHOUSE. SAN FRANCISCO, CA 94104, TEL(415)677-09S6 FAX(41S) 677-0964 BERGERDETMER.COM FR:J~1 PlJGR3H RES I DENCE "RX N:J. 4154354288 Dec. 05 2000 03:40PM Pi TO\\m Clerk Tiburon, CA ~ ~~~I'~ ~ ID1 DEe 1 1 lOOO W December 6,2000 TOWN CLERK TOWN OF TIBURON To the Town Council of Tiburon, I would like to be considered for the council seat recently vacated by Terry Hennessy. I care very much about our tOIMl and feel r have the encrllY, thoughtfulness and sense of humor to help me get along with people and be an effective leader. At least this is what I have been told dlllini the thousands of volunteer hours r have put in with severa) organizations. Locally, I have been asked to take many leadership positions and have helped raise many thousands of dollars for the Reed Schools and the Tiburon Library in particular. I have also spent countless mundane, behind the scene hours helping organi;1.ations out. I realize I am lucky to have the financial ability to volunteer but I also do take my commitments seriously. One thing J have learned leading events and conunittees is that there are many sides to a problem and often many solutions. I like to understand all the alternatives available befure I make decisions. I am never without ideas of my own, but I do not have to feel I am always right. I am also very goal orientro and like to have fun! I do believe I would enjoy being part of our Town COlUlcil and I know you would find in me a thoughtful and responsible member with creative ideas and the ability to work with people and problems. Respectfully submitted, ~ ~~~. Stepllanie Anderson pugash c~JM P JS'15H ~,,5 ID"'I:,, Frl.~ NO. 4154354288 D"c. 05 2000 03:40P'1 P2 Personal Stephanie Patrice Anderson, known more as SteDhanie J>ue:ash Registered voter since 1973 Tiburon resident for 12 years Married to Jim Pugash. 3 children. One at Reed. one at Del JIJar and one at Redwood. BS in Consumer Studies from the University of Utah. Tiburon Involvement Be:l~e. Tiburon Librarv: I was on many initial planning and fundraising committees. President of the Bookmarks fund raising conunittee:-3 yrs President of the Art Committee-2 yrs Co-chair; 1" Library Boat Cruise ( before the Library was built) Co-chair of the: 2"" Boat Party Co-chair of Opening Night "Thank You" party and many smaller events Worked on the last Tiburon Library tax measure Current Board member of the Peninsula Library FOWldation Reed Union School district Chair of the Reed Regatta J 998, raising over 150,000 in one night. Helped redirect the Annual Reed Schools Foundation campaign, more th81l ck1ub\ing its income. Del Mar PI A board member Area Coordinator for the last RUSD school tax measure CoUDtk:ss other committees from Bike Day to Hot Dog day Marin General Hosoital Raccoons Member of the Raccoons, the Belvedcrc-Tiburon branch of volunteers for the Hospital 2001 Chair ofthe Raccoon Christmas Ball Sun COWltrv Arabians I owned and operated an Arabian Horse ranch doing marketing, leasing. buying, selling. contracts, shipping, showinl,:. and routine care. Paid Work Exoerience Prior to children I worked in Retail as a buyer, display person and clerk. I did Marketing for an ESPN televised Arabian Horse Show. Other Volunteer EXDerience Junior League of San Francisco, 8 years active. 3 years Sustainer. I still occasionally help. Vohmteer Center of Marin: Senior Connection and Human Race