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Home My WebLink AboutTC Agd Pkt 2006-09-06 TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 September 6, 2006 7:30 P.M. - Regular Meeting ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAilABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.cLtiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Agenda - Town Council Meeting September 6,2006 Page 2 of 4 AGENDA CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Fredericks, Councilmember Slavitz, Vice Mayor Gram, Mayor Smith ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please limit your comments to no more than three (3) minutes. CONSENT CALENDAR 1. Approval of Town Council Minutes - August 2, 2006 2. Recommendation by Town Attorney - Response to Marin County Grand Jury Report on Disaster Preparedness 3. Recommendation by Town Clerk - Biennial Update of Town's Conflict of Interest Code (Resolution) 4. Recommendation by Director of Public WorkslTown Engineer - Approval of Agreements for As- Needed Engineering Services 5. Recommendation by Chief of Police - Approve Special Event Permit Applications a) Request by Library Bookmarks' Group - "Black ie's Hay Day" - September 30, 2006 b) Request by Special Olympics/RCP Tiburon Mile - Open Water Swim - October 1, 2006 REGULAR AGENDA 6. Recommendation by Interim Town Manager - Appoint Council Ad Hoc Subcommittee for Library Expansion Plan Property Negotiations 7. Recommendation by Director of Public WorkslTown Engineer - Authorization to Change Configuration, Size, and Color of Fountain Plaza Benches PUBLIC HEARING 8. Recommendation by Planning Manager - Request for Precise Development Plan Amendment (Cypress Hollow Precise Development Plan) to increase maximum floor area at 40 Monterey Drive Address: Owner/Applicant: Assessor Parcel No. 40 Monterey Drive Nasser Kashefi 034-394-04 Agenda - Town Council Meeting September 6,2006 Page 3 of 4 9. Recommendation by Planning Manager - Ling Precise Development Application to Create Five Building Sites on a 5.6 Acre Parcel at the end of Stony Hill Road Owner: Applicant: Assessor Parcel No. Joe Ling, et al. William Verelley 055-261-10 Application withdrawn by Applicant 10. Report by Building Official -Appeal of Fines for Expired Building Permit and Reactivation Fees Address: Appellant: Assessor Parcel No. 121 Sugarloaf Drive Abraham Valentino 058-313-03 Request for Continuance by Appellant COUNCIL AND COMMITTEE REPORTS WRITTEN COMMUNICATIONS . Town Council Weekly Digest - August 4,2006 . Town Council Weekly Digest - August 11, 2006 . Town Council Weekly Digest - August 18, 2006 . Town Council Weekly Digest - August 25, 2006 . Town Council Weekly Digest - September 1, 206 ADJOURNMENT - to a special meeting on September 19, 2006, 7:00 p.m., The Lodge at Tiburon SPECIAL MEETINGS & EVENTS . Saturday, September 16 - Coastal Clean-Up . Tuesday, September 19 - Kol Shofar Expansion & EIR Appeal (Tiburon Lodge) . Sunday, September 24 - TOT LOT re-opening celebration . Saturday, September 30 - Blackie's Hay Day . Sunday, October 1 - RPC Tiburon Mile Open Water Swim . Friday, October 13 - Oktoberfest (Last Friday Night on Main for Year) Agenda - Town Council Meeting September 6,2006 Page 4 of 4 FUTURE AGENDA ITEMS . Jt. Recreation Committee Annual Report - (October 4) . Request by Chamber of Commerce for Contribution to Oktoberfest - (October 4) . General Plan Implementation Annual Status Report - (October 4) . Adoption of Policy Concerning Use of Public Resources and Ethics Training Requirements pursuant to Assembly Bill 1234 ("Sunshine Bill") - (October 4) . Maintenance of Trees on Town Property at South Knoll . "Project Lightspeed" Encroachment Agreement . NIMS (Emergency Management Training) Certification for Town Staff . Abandon Old Easement and Accept new Drainage Easement on Town Property - 6 Mateo Drive . Replacement of Light Standards on Tiburon Boulevard Ile ItA- ))0, I .- TOWN COUNCIL MINUTES CALL TO ORDER """~y Mayor Smith c dtne regulal'me ting of the Tiburon Town Council to order at 7:30 p.m. on W ednesd:<~gUst 2, 2006 ,in own Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. \-' , ~ ~~ "'~"",-,-,-,~---"---"" ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Smith ABSENT: COUNCILMEMBERS: Gram, Slavitz PRESENT: EX OFFICIO: Interim Town Manager Bigall, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Odetto, Interim Director of Administrative Services Stott, Town Clerk Crane Iacopi Prior to the regular meeting, beginning at 6:30 p.m., the Council met in closed session to discuss the following: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Section 54946.9(a)) Sylvia v. Town ofTiburon Town ofTiburon v. Sylvia Town of Tiburon v. Siciliano Bonander et al. v. Tiburon ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY Mayor Smith said that no action was taken on the matters discussed in closed session. ORAL COMMUNICATIONS None. Town Council Minutes # 17-2006 August 2, 2006 Page 1 CONSENT CALENDAR 1. Approval of Town Council Minutes - July 19, 2006 2. Approval of Town Council Minutes - July 26, 2006 3. Recommendation by Interim Director of Administrative Services - Accept Monthly Investment Summary for June 2006 4. Recommendation by Interim Town Manager - Budget Amendment for Supplemental Richardson Bay Regional Agency JP A Dues Councilmember Fredericks asked for a discussion of Item No.4. MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1-3, above. Berger, seconded by Fredericks AYES: Unanimous ABSENT: Gram, Slavitz 4. Recommendation by Interim Town Manager - Budget Amendment for Supplemental Richardson Bay Regional Agency JP A Dues Councilmember Fredericks asked for more information about the scope of activities related to the increase in dues. Mayor Smith said that there were two separate components. The first component related to the issue of boats that break free during the winter storms and wash ashore; he said that residents of Belvedere were particularly concerned about this and that there had been an incident where a vessel had washed ashore and become lodged under a home on West Shore road, which was also leaking fuel. Mayor Smith said that idea was to find a mechanism that would alert the agency of a break-away and allow for interception before it hit the shore. He said that the JP A contracted with a salvage boat for after-the-fact clean-up but that this was a different request for funding. He said that there had been discussions of whether or not Belvedere should pay for this program, but that in the short-term, the agency had agreed to fund a "rapid response" program on a one-time basis during the upcoming winter season and then to decide how to allocate costs on a long-term basis. According to Mayor Smith, the larger picture under consideration by the JP A is the idea of creating a mooring field in Richardson Bay. He said that while there were many benefits associated with the idea of a mooring field, the costs would most likely be substantial. He said that he would bring more information to the Council on this subj ect at a future meeting. Town Council Minutes # 17-2006 August 2, 2006 Page 2 In summary, the response to Councilmember Frederick's question was that the budget amendment, allocated among all the member agencies of the JP A, was for a one-time expense, and that Tiburon's share was $2,163. MOTION: Moved: Vote: To adopt Consent Calendar Item No 4, above. Fredericks, seconded by Berger AYES: Unanimous ABSENT: Gram, Slavitz PUBLIC HEARING 5. Report by Interim Town Manager - Request for Final Approval for Placement of Statue of Sam Chapman in Ferry Plaza Proponent Jay MacMahon gave some background and a summary of the project, which he said was started three years ago by [retired Tiburon Fire Chief] Frank Bushcher. Mr. MacMahon reviewed Sam's athletic history and noted that his children were in the audience tonight. Mr. MacMahon said that in March 2005, the Heritage & Arts Commission had approved the concept of the creation and placement of a statue of Sam Chapman in the Ferry Plaza area, and that in January of2006, the Council had also approved it subject to further inquiry and investigation. MacMahon said that the Town wanted agreements regarding maintenance and indemnity, as well as an encroachment permit. Mr. MacMahon said that attorney Hadden Roth was working with Town Attorney Danforth to craft an indemnity agreement that would be subject to final approval by the Council. Mr. MacMahon showed the Council a new version of the model statute sitting on a bench in the proposed location. The bench in the ferry plaza closest to Main Street and facing Pt. Tiburon, the site of the old ballfield where Sam had played, was the best location, according to MacMahon. McMahon said that the previous artist selected for the project had withdrawn and that Daniel Oberti had agreed to take it on. Mr. Oberti briefly described some recent projects and credentials. He also described his vision for the creation of the statute and stated his enthusiasm for the proj ect. In response a question from the Mayor about the process of creating the sculpture, Mr. Oberti described of using a plaster cast of a model's body (his son-in-law), and that he would collaborate with another artist (Heidi Hornberger) on the facial expression. He said that the statute would be sculpted in plasticene clay and cast in bronze at a foundry in Sebastopol. In response to a question from Council, Mr. MacMahon said that the artist's estimate of $40,000 was a "base figure" which would most likely go up. Town Council Minutes # 17-2006 August 2,2006 Page 3 Chris Morrison said that the Tiburon Peninsula Foundation had pledged to "take over" the stewardship of the project and provide maintenance in perpetuity. Councilmember Fredericks asked whether the $2,000 described in the TPF minutes (handed out by Mr. Morrison) was the total amount pledged for maintenance. She said that while it was a generous offer, she questioned whether it was, in fact, a pledge for maintenance in perpetuity. Mr. Morrison said that while he would personally keep the statute clean during his lifetime, the Foundation's pledge was for $2,000, rather than in perpetuity. Mayor Smith opened the public hearing. Mayor Smith commented that in addition to Sam's athletic achievements, Mr. Chapman had family roots in Tiburon which also warranted consideration of the statue in his honor. Mark Chapman, Sam's youngest son, and his daughter Kathy, both expressed their appreciation on behalf of the family. Phil Cassou, Landmark's Society President, said that his organization also wanted to lend its support. He noted how few memorials there were in town to honor local citizens (')ust a horse"), and said that there was now an opportunity to honor a "native son." He applauded the efforts. Mayor Smith closed the public hearing. Councilmember Fredericks said that while it was clear that Sam was deeply loved and had excellent bona fides, she was concerned about the lack of a memorial policy which could lead to the shoreline becoming a "memorial park." She spoke in favor of creating such a policy. Ms. Fredericks said that she viewed the statute as a piece of artwork, and that in its current form, it did not meet the aesthetic standard of the nearby fountain. She said that there were better locations for such a statute, and in the absence of a ball field, Zelinsky Park, McKegney Green, or South Knoll Park would be preferable to the proposed location. She also said that the Town's history was one of the rail road, and that a plaque with lengthy text was called for in order to explain who the person being honored [Sam Chapman] was. Councilmember Berger said that he was SYmpathetic to some of Councilmember Frederick's concerns, however, he said that the benefits of the statute outweighed these concerns. He said that it would keep the historic idea of the town alive, and that there was in fact a ball field in that location at one time where the "Tiburon Timec1ocks" played; and that this was the time when the town was "rough and tumble." Mr. Berger also said how happy he was to have Mr. Oberti, one of the artist finalists on the fountain proj ect, "back on the team." Town Council Minutes # 17-2006 August 2, 2006 Page 4 Mayor Smith said that two years ago, he had received a letter "out of the blue" from Frank Buscher with the concept for the Sam Chapman statute in downtown. He said the idea was now supported by the Heritage & Arts Commission, Landmarks Society, and Tiburon Peninsula Foundation and that he had heard no objection from the public. Mayor Smith said that he could not think of a better person to honor, with his family ties to Tiburon. Smith said that baseball was the "quintessential American sport," and that Sam's athletic career and his service to his country would continue to set an example for current and future generations. Mayor Smith noted that the Zelinksy family was also placing a plaque on the fountain across the street. He said he thought that the proposed location was appropriate, as it was secure and well lit. Nevertheless, Mayor Smith said that the statute and bench should be affixed in a "permanent way" to avoid vandalism. MOTION: Moved: Vote: To support the placement of the Sam Chapman statute in the proposed location pending finalization of the indemnity agreement and encroachment permit. Smith, seconded by Berger AYES: Berger, Smith NOES: Fredericks ABSENT: Gram, Slavitz 6. Recommendation by Planning Manager - Tiburon Highlands Precise Development Plan Request to Amend a Building Envelope Applicants: Address: Assessor Parcel No. Andrew & Robin Bloch 18 Upper Cecilia Way 034-360-23 a) A Resolution of the Town Council of the Town of Tiburon Approving an Amendment to the Tiburon Highlands Precise Development Plan (PD #15) for Property located at 18 Upper Cecilia Way - AP No. 034-360-23 Council waived the staff report, noting that the Planning Commission had voted 5-0 in support of the amendment and that the building envelope was well back from the rear yard setback. Mayor Smith opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To adopt resolution, as presented. Berger, seconded by Fredericks AYES: Unanimous ABSENT: Gram, Slavitz Town Council Minutes # 17-2006 August 2, 2006 Page 5 COUNCIL AND COMMITTEE REPORTS Councilmember Fredericks said that she and Councilmember Berger served on the Town's Public Works Committee; she asked for consideration at a future meeting of replacement street lights for the downtown area. She said that the problem with the alternatives that had been presented by staff was that the light standards were not strong enough to support them; she said that the replacements should be "non-scatter" lights that were aesthetically pleasing. Councilmember Berger agreed and added that they should be "unobtrusive, simple, and modern down lights." WRITTEN COMMUNICATIONS . Town Council Weekly Digest - July 21,2006 . Town Council Weekly Digest - July 28,2006 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Smith adjourned the meeting at 8:40 p.m., in honor of San Francisco Police Officer Nick Berko, who died in the line of duty. PAUL SMITH, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 17-2006 August 2, 2006 Page 6 Town of Tiburon STAFF REPORT AGENDA ITEM 2- ... .................... .... ...... To: MAYOR AND TOWN COUNCIL From: ANN R. DANFORTH, TOWN ATTORNEY Subject: RESPONSE TO REPORT OF MARIN COUNTY GRAND JURY DISASTER PREPAREDNESS IN MARIN COUNTY Date: September 6, 2006 BACKGROUND On June 20, 2006, the Marin County Civil Grand Jury issued a report entitled "The Next Disaster- Are Marin Citizens Prepared?" The Report does not contain any specific criticism of the Town of Tiburon, but finds that Marin citizens, as a general rule, are not prepared for a disaster. The Grand Jury has requested that we respond to the Report's Findings Nos. 1, 4, 5 and 6 and Recommendations Nos. 2, 3, 4 and 5. By law, our response is due on September 16,2006. I have attached the Town's draft response for Council review and approval. The response is the product of consultation with the Town's Interim Town Manager and Police Chief. ANAL YSIS 1. Grand Jurv Findin2s. Under 9 933.05 of the Penal Code, the Town is required to either state that it (a) agrees with the finding; or (b) disagrees wholly or partially with the finding. In the latter case, we must include an explanation of the portion of the finding that is disputed and include an explanation of the reasons therefore. In Finding No.1, the Report states that there is widespread agreement among government officials and concerned citizens that there is pervasive public apathy with regard to citizen disaster preparedness in Marin County. The Report does not detail the basis for this conclusion, but merely asserts it as a fact. We have no basis for disagreeing with this conclusion, therefore we recommend that the Town agree with it based solely on the assertions of the Report. In Finding No.4, the Grand Jury finds that motivating our citizens to prepare for disasters requires sustained and persuasive reminders of the inevitability of disasters in Marin. Although this conclusion is certainly plausible, the Report does not contain any facts in its support. 1 Accordingly, we recommend that the Town agree with it based solely on the assertions of the Report. In Finding No.5, the Grand Jury found that three County entities, the Director of Emergency Services, the Office of Emergency Services and the Marin Operational Area Disaster and Citizens Corps Council have provided considerable leadership and support to County-wide efforts to get citizens to prepare for disasters and are in positions to provide additional leadership and support. Staff recommends that the Town agree with this finding. Lastly, in Finding No.6, the Grand Jury states that local disaster councils, disaster preparedness committees and local neighborhood organizations represent sound community approaches to getting citizens to prepare; however, some cities and towns do not have active disaster councils, disaster preparedness committees or their equivalent. We recommend that the Town agree with this statement, with a caveat that, with respect to the practices of other cities and towns, our agreement is based solely on the assertions of the Report. 2. Grand Jurv Recommendations. In responding to the Grand Jury's Recommendations, Penal Code 9 933.05 requires the Town to report one of the following actions: (a) The recommendation has been implemented, with a summary regarding the implemented action. (b) The recommendation has not been implemented, but will be implemented in the future, with a timetable for implementation. (c) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the Grand Jury Report. (d) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. In Recommendation 2, the Grand Jury recommends that the Office of Emergency Services ("OES") expands its Disaster Service Worker ("DSW") database to include the results of citizen preparedness certification programs conducted by local disaster councils, disaster preparedness committees and neighborhood organizations and periodically publish statistical information as an informal gauge of the level of preparedness to keep this issue in the public eye. The Town will not implement this recommendation because it is not reasonable; the OES is a County entity and the Town does not have the authority to direct it to take the recommended action. However, the 2 Town agrees that the OES should take the recommended action and will cooperate with it by providing any requested information. In Recommendation No.3, the Grand Jury recommends that the Marin Operation Area Disaster & Citizen Corps Council dedicate a forum for community disaster preparation organizations to come together on a regular basis to share ideas and coordinate programs to get citizens to prepare for disasters. The Town will not implement this recommendation because it is not reasonable; the Town has no authority to direct the Council to take the recommended action. However, the Town agrees that the Council should take the recommended action and will cooperate with any efforts to convene the disaster forum. In Recommendation No.4, the Grand Jury recommends that the OES institute on-going campaigns to remind the citizens of the inevitability of disasters and the need to prepare for them. The Town will not implement this recommendation because it is not reasonable; the OES is a County entity and the Town does not have the authority to direct it to take the recommended action. However, the Town agrees that the OES should take the recommended action and will cooperate with any efforts to conduct the disaster preparedness campaigns. In Recommendation No.5, the Grand Jury recommends that each city and town in the County establish and maintain an active disaster council to get citizens to prepare for disasters; that these councils develop and implement certification programs that will motivate and recognize citizen disaster preparedness and that they report the results of their programs to OES for incorporation into its database. This recommendation has been implemented. RECOMMENDATION The Town Council should review and approve the Town's proposed response to the Grand Jury's Report of June 20, 2006. EXHIBITS Proposed Response to Grand Jury Report Grand Jury Report of June 20, 2006 3 Office of the Town Manager (415) 435-7383 September 7, 2006 The Honorable LYnn Duryee Marin County Superior Court Post Office Box 4988 San Rafael, CA 94913-4988 Ms. Catherine D. McKown, Foreperson Marin County Grand Jury 3501 Marin Civic Center Dr., Room 303 San Rafael, CA 94913-4988 Re: Response to Grand Jury Report June 20, 2006 Disaster Preparedness Dear Honorable Judge Duryee and Ms. McKown: This letter explains in detail the Town of Tiburon's response to the Grand Jury Report dated June 20,2006. The Report directs the Town of Tiburon to respond to Findings Nos. 1, 4, 5 and 6 and Recommendations Nos. 2, 3, 4 and 5. These findings and recommendations involve a number of agencies other than the Town of Tiburon. The Town does not have sufficient information to evaluate the Report's accuracy with respect to these other jurisdictions. More specifically, Findings Nos. 1, 5 and 6 are conclusions of fact that the Town has no independent basis to evaluate. In responding to these findings, the Town assumes that the information in the Report is correct and relies on that information. Recommendations Nos. 2, 3,4 and 5 require action by agencies and individuals that are outside the control of the Town of Tiburon. Accordingly, this letter is intended only to apply to the Report's recommendations insofar as they pertain to the Town of Tiburon. FINDINGS . The Town agrees with Finding Nos. 1, 4, 5 and 6. As noted above, to the extent that these findings involve conditions or practices of agencies other that the Town of Tiburon, the Town's concurrence is based on, and relies upon, the information in the Grand Jury Report. . The Grand Jury has not asked the Town to respond to any other findings. Response to Grand Jury September 7, 2006 Page 2 of2 RECOMMENDATIONS . Recommendation No.5 has been implemented. The Town of Tiburon has an active disaster council and will report the results of their program to the Office of Emergency Services ("OES"). . Recommendations Nos. 2 and 3 require initial action by other agencies. After such action, the Town will implement these recommendations by cooperating promptly with those efforts. . Recommendation No.4 will not be implemented by the Town because Town implementation is not warranted; this recommendation calls solely for actions by another agency, the OES. However, the Town is prepared to assist the OES in implementing this recommendation. . The Grand Jury has not asked the Town to respond to any other recommendations. * * * * * The Tiburon Town Council reviewed and approved this response on September 6, 2006 at a duly noticed and agendized public meeting. If you have further questions on this matter, please do not hesitate to call. Very truly yours, HEIDI BIGALL Interim Town Manager cc: Town Council Town Attorney Director of Administrative Services c.-p~~ H~-Id-- 1 ~ ~ ~ ~ ~ ~ ~ ...~~~,~.::~.~~::.~::.:.~~ .~--- '"0".( :Lvlarin County Civil Grand Jury RECEIVED JUN 2 1 2006 TOWN MANAGERS OFFICE TOWN OF TIBURON June 20, 2006 Re: Grand Jury Report: The Next Disaster: Are Marin Citizens Prepared? Report Date: June 20, 2006 To the Tiburon Town Council: Enclosed please fmd a copy of the above report. Please note that Penal Code Section 933.05(f) specifically prohibits any disclosure of the contents of this report by a public agency or its officers or governing body prior to its release to the public, which will occur three days after the date of this letter. The Grand Jury requests that you respond in writing to the Findings and Recommendations contained in the report pursuant to Penal Code Section 933.05 (copy enclosed). The Penal Code is specific as to the format of responses. The enclosed Response to Grand Jury Report Form should be used. Governing bodies should be aware that the comment or response from the governing body must be conducted in accordance with Penal Code section 933 (c) and subject to the notice, agenda, and open meeting requirements of the Ralph M. Brown Act. The Brown Act requires that any action of a public entity governing board occur only at a noticed and agendized meeting. The Penal Code is also specific about the deadline for responses. You are required to submit your response to the Grand Jury within 90 days: 1 hard copy to: The Honorable Lynn Duryee Marin County Superior Court P.O. Box 4988 San Rafael, CA 94913-4988 2 hard copies to: Catherine D. McKown, Foreperson Marin County Grand Jury 3501 Civic Center Drive, Room #303 San Rafael, CA 94913-4988 Responses are public records. The clerk of the public agency affected must maintain a copy of your response. Should you have any questions, please contact me at 415-499-6132 or at the above address. Sincerely, (~"i \ \ ']\.. \ ~ cI / ~A.:tl'\ fA \V\{': '\) '. IV,- \\.. 0 LUv, Catherine D. McKown ' F oreperson, Marin County Civil Grand Jury Enclosures: Penal Code Sec. 933.05; Response Form 3501 Civic Center Drive, Room 303, San Rafael, CA 94903 Tel. 415-499-6132 ~ 933.05. Responses to Findings (a) For purposes of subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall indicate one of the following: (1) The respondent agrees with the finding. (2) The respondent disagrees wholly or partially with the finding, in which case the response shall specify the portion of the finding that is disputed and shall include an explanation of the reasons therefor. (b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions: (1) The recommendation has been implemented, with a summary regarding the implemented action. (2) The recommendation has not yet been implemented, but will be implemented in the future, with a timeframe for implementation. (3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report. (4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation therefor. (c) However, if a finding or recommendation of the grand jury addresses budgetary or personnel matters of a county agency or department headed by an elected officer, both the agency or department head and the board of supervisors shall respond if requested by the grand jury, but the response of the board of supervisors shall address only those budgetary or personnel matters over which it has some decision making authority. The response of the elected agency or department head shall address all aspects of the findings or recommendations affecting his or her agency or department. (d) A grand jury may request a subject person or entity to come before the grand jury for the purpose of reading and discussing the findings of the grand jury report that relates to that person or entity in order to verify the accuracy of the findings prior to their release. (e) During an investigation, the grand jury shall meet with the subject of that investigation regarding the investigation, unless the court, either on its own determination or upon request of the foreperson of the grand jury, determines that such a meeting would be detrimental. (f) A grand jury shall provide to the affected agency a copy of the portion of the grand jury report relating to that person or entity two working days prior to its public release and after the approval of the presiding judge. No officer, agency, department, or governing body of a public agency shall disclose any contents of the report prior to the public release of the final report. (Added by Stats.1996, c.1170 (S.B.1457), 9 1. Amended by Stats.1997, c.443 (A.B.829), 9 5.) RESPONSE TO GRAND JURY REPORT FORM Report Title: The Next Disaster: Are Marin Citizens Prepared? Report Date: June 20, 2006 Response by: Title: FINDINGS · I (we) agree with the findings numbered: · I (we) disagree wholly or partially with the findings numbered: (Attach a statement specifying any portions of the findings that are disputed; include an explanation of the reasons therefor.) RECOMMENDATIONS · Recommendations numbered have been implemented. (Attach a summary describing the implemented actions.) . Recommendations numbered have not yet been implemented, but will be implemented in the future. (Attach a timeframe for the implementation.) . Recommendations numbered require further analysis. (Attach an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or director of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.) . Recommendations numbered will not be implemented because they are not warranted or are not reasonable. (Attach an explanation.) Date: Signed: Number of pages attached_ Response Form 2005-2006 MARiti COUtiTY CIVIL GRAtiD JURY The tiext Disaster: Are Marin Citizens Prepared? June 20, 2006 .. .. . . '.. ,I S I ,I I ~ ~ l~;~ .- .....;...'.....- ,,'.. ',: ... . .. ~: , .... . ..-, . ,', . .. '-~.' ' ....-. .. , .. ' .." . .. " '..i1 . .iI. .. .. .. '!II" . . . ... ' , iII!" +_ '.. I" ,_ l,. ," ... . ,iI .." I + >II . + !II '. . it - '. .. iI . .ii- . II'" ' ..:.. ' .-, . .. .",..,!., , ! 1 ~7~.J ,~,"'..., ..... ..... ..... "-::,.. '<~ ~ ...-... ..-.... ........( Marin County Civil Grand Jury THE NEXT DISASTER: ARE MARIN CITIZENS PREPARED? SUMMARY When disaster strikes Marin County again, as it surely will, local officials are concerned that the citizens will not be adequately prepared. Procrastination and apathy are the reasons most frequently given by citizens and officials for not preparing for disasters. Citizens who are not prepared and wait for the government to respond following a disaster may endanger themselves and their families. The nightmare of events surrounding hurricane Katrina offered many lessons concerning the limitations of government to respond to a catastrophic event - one being that tragic consequences can befall citizens who are least prepared. The 2005-2006 Grand Jury found that the County of Marin has made significant progress in improving the government's ability to respond to disasters since the Grand Jury reports addressed that topic in 2002. However, according to top city, town, and county officials, citizen preparedness - the ability of individuals and families to take care of themselves until government help arrives - has lagged. This Grand Jury investigation focused on two issues: (1) the state of citizen preparedness for disaster and (2) the efforts by the County, cities and towns, community organizations and citizens to get the public to prepare for disasters. Among the Grand Jury findings are that: . There is widespread agreement among government officials and concerned citizens that lack of citizen preparedness is the biggest problem in disaster preparedness in Marin County. . A few sustained efforts are being undertaken to define an acceptable level of citizen preparedness and track progress toward it. . Numerous organizations are committed to solving the problem of the lack of citizen preparedness for disasters. . Motivating our citizens to prepare for disasters seems to require continual reminders of the inevitability of disasters in Marin. . Three County entities - the Director of Emergency Services (a member of the Board of Supervisors), the Office of Emergency Services and the Marin Operational Area Disaster & Citizen Corps Council - have been providing Marin County Civil Grand Jury Page1of13 The /text Disaster: Are Marin Citizens Prepared? considerable leadership and support and are in positions to provide additional leadership and support to county-wide efforts to get the citizens to prepare for disasters. . Local disaster councils, disaster preparedness committees, and neighborhood organizations represent sound community approaches to getting citizens to prepare; however, some cities and towns do not have active disaster councils, disaster preparedness committees, or their equivalents. The Grand Jury recommends: . That the Director of Emergency Services lead an effort to determine an acceptable level of citizen disaster preparedness for Marin County and how to attain it. . That the County Office of Emergency Services 1) expand its Disaster Service Worker database to include the results of citizen preparedness certification programs conducted by local disaster councils, disaster preparedness committees, and neighborhood organizations and 2) periodically publish statistical information as an informal gauge of the level of preparedness to keep this issue in the public eye. . That the Marin Operational Area Disaster & Citizen Corps Council provide a forum for community disaster preparation organizations (such as local disaster councils, disaster preparedness committees, homeowners associations, neighborhood organizations, and individual citizens) to come together on a regular basis to share ideas and coordinate programs to get the citizens to prepare for disasters. . That the Office of Emergency Services institute on-going campaigns to remind the citizens of the inevitability of disasters and the need to prepare for them (e.g., Marin Disaster Preparedness Week). . That each city and town in Marin County establish and maintain a disaster council that is actively engaged in getting its citizens to prepare for disasters; that these disaster councils and any local neighborhood organizations develop and implement certification programs that will motivate and recognize citizen disaster preparedness; and that they report the results of their programs to OES for incorporation into its database. BACKGROUND Marin County is no stranger to natural disasters. We have endured earthquakes, wildfires, floods, and mudslides. Like the rest of the world, we watched in horror as hurricane Katrina unleashed its fury on the Gulf Coast in the fall of 2005. Although Katrina was devastating, the inability of government and relief agencies to provide help before, during, and after the hurricane signaled a significant change in how the public must prepare for disasters. This realization prompted the 2005-2006 Grand Jury to focus on the state of disaster preparedness of the citizens of Marin County. Marin County Civil Grand Jury Page 2 of 13 The tlext Disaster: Are Marin Citizens Prepared? Our investigation revealed that the County has made significant progress in improving its organization, resources, and facilities for responding to disasters since the 2001-2002 Grand Jury reports, "Bio-Terrorism Preparedness in Marin" and "Emergency Preparedness and Operations in Marin County." The key area of concern expressed by the various officials responsible for disaster preparedness is the public's lack of preparedness to meet the challenges of a disaster until the government and other agencies can respond. As a result, we undertook this investigation to evaluate public and private efforts to get the public to prepare for disasters, and to recommend improvements. APPROACH The investigation had two points of focus: . To assess the public's preparedness for disasters . To evaluate the existing efforts to get the public to prepare for disasters We interviewed County Office of Emergency Services (OES) officials, a top County official, County Supervisors, County school officials, city and town officials throughout Marin, representatives from the Marin Operational Area Disaster & Citizen Corps Council (DC3), volunteers with the Red Cross, and various neighborhood disaster response teams. We also met with principals of a public relations firm specializing in social issues. Members of the Grand Jury attended several DC3 meetings. To assess the public's preparedness for disasters, we asked officials and representatives from OES and each city, town, and volunteer organization we interviewed how they measured and assessed the public's preparedness in their area. To evaluate the existing efforts to get the public to prepare for disasters, we: . Determined which organizations are responsible for getting the public to prepare . Determined what efforts, programs, and resources have been initiated . Consulted with communications/marketing/political action experts. DISCUSSION How Prepared Are the Citizens of Marin County? There was unanimity among those we interviewed that the state of citizen preparedness in Marin is inadequate. However, we found only one source of data that attempted to measure disaster preparedness in Marin County. This was the OES database of Disaster Service Workers (DSW), citizens who have completed some version of Community Emergency Response Team training (CERT), taught by some local fire departments. OES includes the database as one of its "Direction, Control, and Coordination" functions on its Web page: . Marin County Civil Grand Jury Page 3 of 13 The tiext Disaster: Are Marin Citizens Prepared? "Operational Area Disaster Service Worker (DSW) Registration Guidelines Develop and implement a standardized DSW management program for the Operational Area. Develop registration procedures and provide materials and assistance to local jurisdictions. Maintain a centralized database of all registered DSW s and issue standardized ID cards."1 This database of CER T -trained citizens is also the only ongoing measure of current disaster preparedness we have found. The Grand Jury was told by an OES official that OES hopes that one and one-half percent of Marin County's population will be trained by 2010. In early summer 2006, OES compiled the list ofCERT-trained individuals provided in Appendix A. According to this data, only one-half of one percent was CER T trained at that time. What Is Being Done to Get the Citizens of Marin to Prepare for Disasters? We found efforts at many levels from the Board of Supervisors to local community volunteers to get the public to prepare for disasters. The following sections provide brief descriptions of their roles. Role of the Board of Supervisors The Board of Supervisors designates one of its members as Director of Emergency Services. The Director of Emergency Services is empowered to: "Direct and control the effort of the emergency organization of this county. . ." and to "Direct cooperation between and coordination of services and staff of the emergency organization of this county and resolve questions of authority and responsibility that may arise between them."2 That Supervisor also serves as the chair of Marin Operational Area Disaster & Citizen Corps Council (DC3). "Disaster preparedness is a front burner issue," said a high level county official who lamented the pervasive public apathy and voiced frustration that nothing stays in the public's consciousness because they don't want to think about disasters. This official requested the Grand Jury's help to motivate the public to get prepared. The official told the Grand Jury that the OES database is the only measure of citizen preparedness. Role of Office of Emergency Services The Marin County Sheriffs Office of Emergency Services (OES) has as its stated mission: "To protect life, property, and the environment by developing, coordinating, and 1 http://www.co.marin.ca.us/depts/ES/mainlOESOverview/functions.cfm#4 2 Marin County Code, Section 2.99.035(A)(4) and (5) Marin County Civil Grand Jury Page 4 of 13 The liext Disaster: Are Marin Citizens Prepared? managing programs that prepare for, respond to, and mitigate disasters and emergencies. "3 Key elements of OES programs that pertain to getting the public to prepare for disasters include:4 . CER T training: support the formation and training of CER T teams; develop and maintain a standardized set of CER T reference and training materials . Crisis communications, public education, and information: Threat-specific preparedness campaigns: Organize and coordinate focused public education campaigns to enhance personal and community preparedness. Campaigns include Earthquake Month and Winter Storm Preparedness Week. - Public education literature and a public education resource library Community and organizational presentations Media outreach OES officials have informed us that: . There have been no sustained efforts by OES to determine the level of public preparedness other than OES's Disaster Service Worker database. . OES lacks public relations expertise to communicate with and to motivate the public to prepare for disasters, has not engaged any public relations firms, nor does it have any staff position responsible for media/public relations. One senior staff member told the Grand Jury, "All staff are responsible for public outreach." This year several OES staff members have made numerous presentations to local civic groups that include mention of citizen preparedness; however, they have not kept records of their efforts. OES has no staff position dedicated to getting the public to prepare for disasters. There is only one key function listed for OES in the OES Proposed Budget FY 2005-06 that pertains to getting the public to prepare for disasters: "Provide ongoing information and education programs for the public through participation in community events and in response to requests from neighborhoods and homeowner groups." Role of Marin Operational Area Disaster & Citizen Corps Council DC3 was established by the Marin County Code. The duties, powers, and scope of the council, which is mandated to meet at least quarterly, include: a) "Review and evaluate disaster preparedness progress in the public and private sectors 3 County of Marin, Office of Emergency Services Overview, October 2005; http://www.co.marin.ca.us/deptsIES/main/O ESOver View / functions.cfm 4 Ibid Marin County Civil Grand Jury Page 5 of 13 The /iext Disaster: Are Marin Citizens Prepared? b) Promote disaster preparedness through communication and education c) Harness the power of every resident through education and outreach, training, and volunteer service to make their families, homes and communities safer from natural and/or man-made disasters or emergencies d) Report annually to the Board of Supervisors."5 The members of DC3 are appointed by the Board of Supervisors and serve staggered two-year terms. Appointments are made as deemed necessary to carry out the duties assigned to DC3, to include, but not limited to representation by: Director of Emergency Services, to permanently serve as chair Alternate Director of Emergency Services to serve as vice chair Consumer representatives appointed from each supervisory district Consumer representative, at large County Health and Human Services County Public Works Mayor's and City Council Member's Association City Manager's Association Fire Chiefs Association Police Chief s Association Marin Interagency Disaster Coalition Emergency Medical Care Committee or Emergency Medical Services Administrator Economic Commission Marin County Office of Education Marin County Office of the American Red Cross Bay Area Chapter 6 The Public Disaster Education and Preparedness Committee ofDC3 (PDEP) reported that "Most Marin residents are neither trained nor prepared to deal with disasters" and has proposed that "the County develop a Public Disaster Preparedness Plan to persuade Marin residents to take personal responsibility for their own protection against inevitable, unpredictable disasters." The solution proposed by PDEP is to modify behavior through a "continuous and persuasive program of education, training and preparedness for county residents andbusinesses." PDEP's proposed plan recommended funding a position in OES for a coordinator. The Grand Jury has been unable to learn why this plan has never been adopted. PD EP currently consists of 6 members, 4 of whom are DC3 members and 2 of whom are citizen volunteers. The current activities of the PDEP include: . Preparing new CER T training manuals that will be used by all fire departments that provide CER T training . Exploring the possibility of providing disaster preparedness training in area high schools . Working with COMCAST on a 24/7 television station for disaster preparation 5 Marin County Code, Section 2.99.025 6 Marin County Code, Section 2.99.020 Marin County Civil Grand Jury Page 6 of 13 The tiext Disaster: Are Marin Citizens Prepared? . Making presentations about preparedness to various organizations, i.e. Rotary, etc. . Searching for a compelling message to motivate the public Role of Marin County Office of Education The Marin County Office of Education (MCOE) has an extensive disaster preparation program. The MCOE program is focused primarily on the preparedness of the school sites, staff, and students, but it has also provided materials to guide family disaster planning. MCOE has a Parents' Page on their Web site that includes extensive family preparedness information. In October 2005, MCOE conducted a Parent Emergency Preparedness Workshop that addressed personal/home preparedness as well as parent responsibilities with respect to their children at school. What are the Cities, Towns and Communities Doing about Getting the Public to Prepare for Disasters? The only formal disaster training programs in Marin County are the CERT programs and its equivalents (NERT, DART, HEART)7. CERT programs are taught by local fire departments. One of the central principles ofCERT and its equivalents is that citizens are likely to be on their own during the early stages of a catastrophic disaster, so some basic training in disaster preparation, survival, and rescue skills would improve their ability to survive until responders arrive. While the courses include citizen preparedness, there are no records to indicate whether the participants undertook any subsequent action to prepare their families and homes. Local disaster councils provide another approach to citizen preparedness. The Grand Jury learned that the councils, when actively engaged, can be useful in encouraging citizen preparedness. In early 2006, we surveyed a number of Marin cities and towns about their disaster councils and disaster preparedness committees. The results are summarized in Table 1, below. The towns of Belvedere and Tiburon, which have a joint disaster council, established a goal of making every household prepared for disaster. Their Disaster Task Force offers modified CERT training and has determined that an acceptable level of preparedness is to have at least one adult per household earn a certificate. Disaster councils have also been established in unincorporated areas of Marin, such as Bolinas, Inverness, Nicasio, Muir Beach, Stinson Beach, and Point Reyes Station where physical isolation serves as a motivator. 7 NERT: Neighborhood Emergency Response Team, DART: Disaster Area Response Team, HEART: Homeowner Emergency Action Response Marin County Civil Grand Jury Page 7 of 13 The tiext Disaster: Are Marin Citizens Prepared? Table 1 Status of Disaster Councils in Marin Incorporated Areas City/T own Belvedere Corte Madera Fairfax Larkspur Mill Valley Novato Ross San Anselmo San Rafael Sausalito Tiburon Status of Disaster Council Joint disaster council and a joint Disaster Task Force with Tiburon. Disaster council appointed by the Town. The Municipal Code does not provide for a Disaster Preparedness Council, but there is an informal Disaster Preparedness Committee. May consider establishing a disaster council. Emergency Preparation Committee. No disaster council. Hired an Emergency Services Coordinator. No disaster council. Disaster Preparedness Committee, that has not met for several years. No disaster council. Disaster council that meets monthly. Joint disaster council and a joint Disaster Task Force with Belvedere. Local governments are not the only entities getting citizens to prepare. There are grassroots efforts by homeowners' associations and other neighborhood organizations to get local citizens, individually and collectively, ready for disasters. We spoke with representatives of several neighborhood groups and were impressed by how well- organized they are despite meager funding. Some of the common techniques these groups employ are: . Divide neighborhoods into smaller units and assign each a neighborhood liaison who is the initial contact . Obtain written emergency assistance information from each residence . Collect and store communal emergency supplies . Provide classes to update skills . Disseminate current information by newsletters . Lobby local officials (i.e., Supervisor, Fire Chief, etc.) for grants, supplies and special presentations . Stage drills to test preparedness There is unanimity among the various governmental agencies and other organizations that the citizens of Marin are not prepared for a disaster. There is even agreement that the lack of preparedness is due to procrastination and apathy. Unfortunately, the many well- conceived, but fragmented and uncoordinated attempts to get citizens to prepare have not remedied this serious problem. Marin County Civil Grand Jury Page 8 of 13 The tiext Disaster: Are Marin Citizens Prepared? FINDINGS F 1. There is widespread agreement among government officials and concerned citizens that there is pervasive public apathy with regard to citizen disaster preparedness in Marin County. F2. A few sustained efforts are being undertaken to define an acceptable level of citizen preparedness and track progress toward it. Without such information, efforts to combat lack of preparedness, either public or private, cannot be appropriately targeted (i.e., which communities are most vulnerable and/or behind others) or evaluated (i.e., what works and what doesn't). . OES's DSW database currently tracks people who have gone through formal CERT training; however, it appears to provide a basis for tracking more general citizen preparedness, given proper input. . Certification programs, like the CER T program or Belvedere- Tiburon' s modified CER T program, can provide the data needed to track the progress of citizen preparedness. F3. Numerous community organizations are committed to solving the lack of citizen preparedness for disasters and are to be commended. Many are developing their own approaches, Web sites and materials, generally with meager funding and reliance on local talent. F4. Motivating our citizens to prepare for disasters requires sustained and persuasive reminders of the inevitability of disasters in Marin. F5. Three County entities have been providing considerable leadership and support to county-wide efforts to get the citizens to prepare for disasters and are in positions to provide additional leadership and support. . The Director of Emergency Services is empowered by the County Code to "Direct and control the effort of the emergency organization of this county. . ."; and to "Direct cooperation between and coordination of services and staff of the emergency organization of this county, and resolve questions of authority and responsibility that may arise between them." . The mission of the Office of Emergency Services is "To protect life, property, and the environment by developing, coordinating, and managing programs that prepare for, respond to, and mitigate disasters and emergencies." One of the key elements of its programs is to organize and coordinate focused public education campaigns to enhance personal and community preparedness. Campaigns include Earthquake Month and Winter Storm Preparedness Week. . The Marin Operational Area Disaster and Citizen Corps Council's duties, powers, and scope include: "a) Review and evaluate disaster preparedness progress in the public and private sectors; b) Promote disaster preparedness through communication and education; Marin County Civil Grand Jury Page 9 of 13 The liext Disaster: Are Morin Citizens Prepared? c) Harness the power of every resident through education and outreach, training, and volunteer service to make their families, homes, and communities safer from natural and/or man-made disasters or emergencies; and d) Report annually to the Board of Supervisors." F6. Local disaster councils, disaster preparedness committees, and local neighborhood organizations represent sound community approaches to getting citizens to prepare; however, some cities and towns do not have active disaster councils, disaster preparedness committees, or their equivalent. RECOMMENDA liONS The 2005-2006 Grand Jury recommends: RI. That the Director of Emergency Services use his/her authority under the Marin County Code to lead an effort to determine an acceptable level of citizen disaster preparedness for Marin County and how to attajn ~t. R2. That the County Office of Emergency Services expand its DSW database to include the results of citizen preparedness certification programs conducted by local disaster councils, disaster preparedness committees, and neighborhood organizations and periodically publish statistical information as an informal gauge of the level of preparedness to keep this issue in the public eye. R3. That the Marin Operational Area Disaster & Citizen Corps Council dedicate a forum (perhaps PDEP) for community disaster preparation organizations (such as local disaster councils, disaster preparedness committees, homeowners associations, neighborhood organizations, and individual citizens) to come together on a regular basis to share ideas and coordinate programs to get citizens to prepare for disasters. R4. That the Office of Emergency Services institute on-going campaigns to remind the citizens of the inevitability of disasters and the need to prepare for them (e.g., Marin Disaster Preparedness Week). R5. That each city and town in Marin County establish and maintain a disaster council that actively engages in getting its citizens to prepare for disasters; that these disaster councils, disaster preparedness committees or their equivalent and any local neighborhood organizations develop and implement certification programs that will motivate and recognize citizen disaster preparedness; and that they report the results of their programs to OES for incorporation into its database. Marin County Civil Grand Jury Page 10 of 13 The liext Disaster: Are Marin Citizens Prepared? REQUEST FOR RESPONSES Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows: From the following governing bodies: . Marin County Board of Supervisors: Fl, F2, F3, F4, F5, R2, R3, R4, R5 . The city and town councils of the incorporated areas of Marin County: Fl, F4, F5, F6, R2, R3, R4, R5 The governing bodies indicated above should be aware that the comment or response of the governing body must be conducted in accordance with Penal Code Section 933( c) and subject to the notice, agenda and open meeting requirements of the Brown Act. The California Penal Code Section 933( c) states that". .. the governing body of the public agency shall comment to the presiding judge on the findings and recommendations pertaining to matters under the control of the governing body." Further, the Ralph M. Brown Act requires that any action of a public entity governing board occur only at a noticed and agendized public meeting. From the following individual: . The Marin County Sheriff: Fl, F2, F3, F4, F5, F6, Rl, R2, R3, R4, R5 The Grand Jury invites the following individuals to respond: . The Marin County Director of Emergency Services: Fl, F2, F3, F4, F5, F6, RI, R2, R3, R4, R5 . The Marin County Emergency Services Manager: FI, F2, F3, F4, F5, F6, RI, R2, R3,R4,R5 . The Marin Operational Area Disaster and Citizen Corps Council: FI, F3, F4, F5, F6, R1, R3, R4, R5 BIBLIOGRAPHY . Marin County Civil Grand Jury report, Marin County Emergency Disaster Preparedness, included in the 1995 Marin County Civil Grand Jury Final Report . Marin County Civil Grand Jury report, Disaster Preparedness of Marin County, included in the 1995 Marin County Civil Grand Jury Final Report . Marin Operational Area Disaster and Citizen's Corps Council (DC3), Public Disaster Preparedness Plan for Marin County, California, April 2005 . County of Marin Website (http://www.co.marin.ca.us) . Marin County Sheriff, Office of Emergency Services (OES), Mission and Program Description, October 2005 Marin County Civil Grand Jury Page 11 of 13 The liext Disaster: Are Marin Citizens Prepared? . County of Marin Proposed Budget FY 2005-06 (http://www.co.marin.ca.us/depts/ AD/main/bgt05/0506ProposedBudget. pdt) Reports issued by the Civil Grand Jury do not identify individuals interviewed. Penal Code Section 929 requires that reports of the Grand Jury not contain the name of any person or facts leading to the identity of any person who provides information to the Civil Grand Jury. The California State Legislature has stated that it intends the provisions of Penal Code Section 929 prohibiting disclosure of witness identities to encourage full candor in testimony in Civil Grand Jury investigations by protecting the privacy and confidentiality of those who participate in any Civil Grand Jury investigation. Marin County Civil Grand Jury Page 12 of 13 The /iext Disaster: Are Marin Citizens Prepared? APPENDIX A Belvedere Bolinas Corte Madera Dogtown Fairfax Forest Knolls Greenbrae Inverness Kentfield Lagunitas Larkspur Marin City Marshall Mill Valley Nicasio Novato (not by HEART) Pt. Reyes Station Ross San Anselmo San Geronomo San Rafael Sausalito Stinson Beach Tiburon Woodacre CERT Registrations As of June 2006 City of Residence Number Registered 8 27 238 1 15 11 19 28 16 14 14 17 7 273 11 105 Total 18 6 32 6 363 75 21 50 18 1,269 Marin County Civil Grand Jury Page 13of13 STAFF REPORT AGENDA ITEM :3 Town of Tiburon TO: MAYOR SMITH AND MEMBERS OF THE TOWN COUNCIL FROM: TOWN CLERK DIANE CRANE IACOPI SUBJECT: CONFLICT OF INTEREST CODE - BIENNIAL NOTICE AND REVIEW MEETING DATE: SEPTEMBER 6, 2006 REVIEWED BY: BACKGROUND Every two years, the Town receives notification from the State to review and update, if necessary, its Conflict of Interest Code. The last review and revision took place in 2004. The Town Attorney and Town Clerk have reviewed the Code and have found that only minor changes are needed to reflect changes in job descriptions and titles for certain members of Town Staff. RECOMMENDATION That the Town Council adopt the attached resolution reflecting the amendments to its Conflict of Interest Code and direct Staff to complete the 2006 Local Biennial Notice, as required by law. ATTACHMENT . Resolution Repealing and Amending Town's Conflict of Interest Code . FPPC - 2006 Local Biennial Notice Diane Crane lacopi Town Clerk 2006 Local Agency Biennial Notice Name of Agency: Mailing Address: Contact Person: Office Phone No: E-mail: Fax No: This agency has reviewed its conflict-of-interest code and has determined that: ~n amendment is required. The following amendments are necessary: (Check all that apply) o Include new positions (including consultants) that must be designated o Delete positions that manage public investments from the list of designated positions o Revise disclosure categories ~ Revise the titles of existing positions @"/ Delete titles of positions that have been abolished o Other (describe) D No amendment is required. The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income which may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than October 1, 2006 to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) Fair Political Practices Commission (866) ASK-FPPC/www.fppc.ca.gov Biennial Notice Locals - May 2006 PLEASE DO NOT RETURN THIS FORM TO THE FPPC. RESOLUTION NO. XX-2006 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 32-2004 AND AMENDING THE TOWN'S CONFLICT OF INTEREST CODE WHEREAS, in 1980 the Town Council adopted Resolution No.1 094 which incorporated by reference the Fair Political Practices Commission's (FPPC) model Conflict of Interest Code (Title 2, Division 6, Section 18730 of the California Code of Regulations), including appendices detailing which positions must file an annual disclosure statement and what interests must be disclosed; WHEREAS, since 1980, the Town Council has amended its Conflict of Interest Code in 1991, 1997, 1998, and 2002, in order to comply with changes to FPPC regulations regarding disclosure, the adoption of new filing forms, as well as changes to job descriptions and titles of its required filers; WHEREAS, on July 7,2004, the Town Council adopted Resolution No. 32-2004, in order to reflect the revisions of certain job descriptions and titles of the officials listed on Appendix "B"; and WHEREAS, Section 87302 of the California Government Code requires the Town to designate other positions within the Town that are required to file disclosure statements; and WHEREAS, pursuant to the 2006 Biennial Review of the Town's Conflict of Interest Code, there have been further revisions to job titles (shown in italics on Exhibit "B"), as well as the addition of positions pursuant to Section 87302; NOW, THEREFORE, the Town Council of the Town of Tiburon RESOLVES as follows: 1) Resolution No. 32-2004 is hereby repealed; 2) The FPPC's Model Conflict of Interest Code as set forth in Section 18730 shall continue to be incorporated by reference as the Town's Conflict of Interest Code; 3) Appendix "B" attached to this resolution is hereby amended and incorporated into the Conflict of Interest Code. 4) The Town Clerk continues to be designated as the filing officer for the Town. Town Conflict of Interest Resolution - Amended September 6, 2006 Page 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 6, 2006, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: PAUL SMITH, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Conflict of Interest Resolution - Amended September 6, 2006 Page 2 3. APPENDIX "A" DESIGNATED POSITIONS 1. Members of the Following: BOARDS & COMMISSIONS A. Town Council B. Planning Commission DISCLOSURE CATEGORIES (Unless otherwise specified, Government Code Section 87200 filers must review all schedules on Form 700. See Appendix "D for specific disclosure categories.) Form 700 Form 700 Form 700 Form 700 Form 700 Town Conflict of Interest Resolution - Amended September 6, 2006 2. GENERAL MANAGEMENT A. Town Manager B. Town Treasurer TOWN ATTORNEY Page 3 APPENDIX "B" DESIGNATED POSITIONS CATEGORIES 1. Members of the Following: BOARDS & COMMISSIONS A. Design Review Board B. Parks & Open Space Commission C. Heritage and Arts Commission DISCLOSURE (Unless otherwise specified, review all schedules on Form 700. See Appendix "D" for specific disclosure categories.) 1 3 1 1 1 1 Form 700 2 2 2 2 As deemed applicable by Town Manager 7. TOWN ENGINEER Form 700 [replaced by Director of Public Works/Town Engineer] 2. GENERAL MANAGEMENT A. Director of Administrative Services B. Administrative/Financial Analyst C. Town Clerk Town Conflict of Interest Resolution - Amended September 6, 2006 3. DEPT. OF COMMUNITY DEVELOPMENT A. Director of Community Development 1 B. Planning Manager 1 C. Associate Planner 1 D. Assistant Planner 1 E. Contract Planner 1 F. Building Official 1 G. Building Inspector 1 4. PUBLIC WORKS DEPARTMENT A. Dir. of Public Works/Town Engineer B. Deputy Director of Public Works C. Asst. Superintendent of Public Works 5. POLICE DEPARTMENT A. Chief of Police B. Police Captain 6. CONSULTANTS Page 4 APPENDIX "C" DESIGNATION OF POSITIONS AND APPLICABLE DISCLOSURE CATEGORIES FOR THE TIBURON REDEVELOPMENT AGENCY Designated Position Disclosure Category 1. REDEVELOPMENT AGENCY MEMBERS Form 700 (which may be combined with Town Council Statement) 2. CONSULTANTS As deemed applicable by Town Manager Town Conflict of Interest Resolution - Amended September 6, 2006 Page 5 APPENDIX "D" DISCLOSURE CATEGORIES A. APPROPRIATE FORM All persons holding offices or positions specified in Government Code Section 87200 shall file FPPC Form 700 for purposes of complYing with the financial disclosure requirements of the Conflict of Interest Code. All other positions and offices designated in Appendix B shall only file the appropriate schedules in Form 700 based on the disclosure categories listed below. B. DISCLOSURE CATEGORIES Category 1: All investments, sources of income, interests in real property or business positions in which the designated employee or official is a director, officer, partner, trustee, employee, or holds any position of management. Category 2: Investments in, income from and positions held in business entities which have contracted with the Town of Tiburon within the past year to provide services, supplies, materials, machinery or equipment. Category 3: All investments or interests in real property located within the Town of Tiburon or subject to the authority of the department, board or commission. Town Conflict of Interest Resolution - Amended September 6, 2006 Page 6 Town of Tiburon STAFF REPORT AGENDA ITEM ~ TO: Mayor and Members of the Town Council FROM: Nicholas Nguyen, Director of Public WorkslTown Engineer SUBJECT: Authorization To Award Professional Service Agreements To CSG Consultants, CSW I Stuber-Stroeh, Gannett Fleming, And Harrison Engineering To Perform As-Needed Municipal Engineering And Construction Management Services For A Period Of Three Years MEETING DATE: September 6, 2006 REVIEWED BY: BACKGROUND AND ANALYSIS The Public Works Department occasionally requires professional and technical consultants to provide as-needed specialized municipal engineering, surveying, construction management, and other professional services in a broad area of technical disciplines to supplement staff in the implementation of various Town projects and daily tasks. The Town received four Proposals for As-Needed Municipal Engineering and Construction Management Services. All four proposals (CSG Consultants, CSW / Stuber-Stroeh, Gannett Fleming, and Harrison Engineering) submitted for professional services matched the Town's need for support services. Retaining multiple consulting firms will greatly enhance the Town's ability to secure the needed support to complete capital projects and engineering-related tasks within reasonable timeframes and in a cost-effective manner. The Town's annual capital improvement and as-needed engineering budget anticipates using contract services for various engineering related projects including: . Traffic safety improvements . Street resurfacing . Utility undergrounding . Storm drain improvements and master plan . Corporation yard improvements The Public Works Department's daily activities also includes public work encroachment permitting, assistance with development review, traffic and public safety review, land survey analysis, grant preparation, and other administrative/municipal procedural duties. The desired scope of work for the agreements includes, but is not limited to: 1 of 2 Town of Tiburon STAFF REPORT AGENDA ITEM Administrative Duties · Land Use, Surveying, and Development Review · Municipal Engineering and Capital Projects Construction Management and Inspection · Planning policies and programs · Other professional services as authorized by the Town The Public Works Department conducted a Request for Proposal process in which various known engineering consulting firms were invited to participate. Four proposals were received from CSG Consultants, CSW I Stuber-Stroeh, Gannett Fleming, and Harrison Engineering. I reviewed and rated the proposals against pre-established criteria. I determined that all four consultants were qualified to support the Town in the areas described above. I have checked the consultants' references and confirmed that all four firms are responsive and capable. The Town has budgeted funds for capital and other as-needed engineering related projects which will fund these services. The Town would let contracts for these services for a period not to exceed three years and $1 million limit per agreement. The agreements will enable the Town to obtain professional and technical assistance on short notice on an as-needed basis from the consultants at the Town's discretion, and does not commit the Town to request or pay for any services. There is no fiscal impact associated with the following recommended action. RECOMMENDATION Authorize the award of professional service agreements for As-Needed Municipal Engineering and Construction Management Services to CSG Consultants, CSW / Stuber-Stroeh, Gannett Fleming, and Harrison Engineering for a period not to exceed three years. Authorize the Acting Town Manager to negotiate and sign all necessary documents to implement the award of the agreements. Attachments: . Scope of Work and Fee structure for CSG Consultants, CSW I Stuber-Stroeh, Gannett Fleming, and Harrison Engineering . Sample agreement 2of2 AGREEMENT FOR PROFESSIONAL SERVICES FOR THE PROVISION OF AS-NEEDED MUNICIPAL ENGINEERING and CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT is made and entered into by and between the TOWN OF TIBURON, a Municipal Corporation of the State of California ("Town") and , a California Corporation ("Consultant"). RECIT ALS A. The Town occasionally requires civil engineering, construction management, land surveying and similar services ("Services") that cannot be provided by the Town's in-house staff and therefore wishes to engage a qualified independent contractor to provide such services on an as-needed basis. B. Consultant has the skill, experience, ability, background, certification and knowledge to provide the Town with the necessary Services. C. The parties wish to contract for the Consultant to provide said Services to the Town as provided herein. NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows: AGREEMENT: 1. Scope of Service. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to Town the Services described below and further detailed in Exhibit A (which is attached hereto and incorporated herein by reference), as directed by the Town. To the extent that there are any conflicts between the provisions described in Exhibit A and this Agreement, this Agreement shall control. This Agreement is to enable the Town to obtain professional and technical assistance on short notice on an as-needed basis from Consultant at the Town's discretion, but does not commit the Town to request or pay for any Services. As the Town Engineer may direct, Consultant will provide, without limitation, the following Services: A. Administrative Duties . Prepare written reports and attend meetings and present information to the Town Council, Public Safety Commission, or Planning Commission. 1 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services . Analyze the Town's needs and prepare and administer long and short-range capital improvement programs consistent with the economic capabilities of the Town to include the preparation of the "eIP" book. . Attend staff level meetings with Town staff, public officials, community leaders, developers, contractors and the general public. . Review and provide written comments on planning policies and land development and use matters. . Recommend and prepare regulations and ordinances pertaining to development, engineering, construction, architectural and other matters. . Provide technical advice to Town personnel related to all matters of municipal engineering, including but not limited to civil, transportation, traffic, soils, and structural engineering. . Establish working relationships and coordination with other public agencies, the public and utility companies involving public works, municipal engineering, and landscape matters. B. Municipal Engineering and Capital Projects . Prepare plans, specifications and estimates for Town projects. . Administer Town projects, including but not limited to traffic, pavement, buildings, tenant improvement, recreational parks, storm drain and utility projects. . Provide special reports regarding such matters as capital improvements, construction materials, and maintenance. . Process the plans and specifications through other agencies for review and approval in connections with special funding programs and permit requirements. . Provide all necessary bidding and construction management and inspection services. C. Land Use, Surveying, and Development Review . Review, check and provide written recommendation on land use applications to the Town Engineer. . Review tentative and final maps and other proposed development submittals and provide recommendations as to public works, municipal engineering, and landscape matters. . Check all improvement plans for public works, municipal engineering, and landscape improvements under the jurisdiction of Town. 2 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services . Establish performance, labor and material bond amounts, when required, and require the posting of such securities and other development fees within the proper time sequence of development review. . Prepare the needed documentation for agreements and covenants related to subdivision requirements. . Provide field observation as a Town Agent during the construction of such improvements by private developers and at the proper time, recommend notices of completion and acceptance of the work. . Provide such necessary and related functions as are the normal practice in the review of private developments. . Provide land surveYing expertise and expertise on legal matters related to surveYing and real property. D. Construction Management and Construction Observation . Act as a Town Agent to receive and process requests for construction observation services. . Act as a Town Agent, provide construction and maintenance observations associated with work performed within Town streets, medians, slopes, and parks. . Check engineering plans and specifications, and provide construction management, administration (e.g. change order, progress paYment), and observation for Town projects designed by others. . Provide on-call construction contract administration and construction observation. E. Other Professional Services . Provide other professional services as authorized by the Town. Consultant shall provide the services within a reasonable time, place, and as directed by the Town Engineer. 2. Compensation. Town hereby agrees to pay Consultant for all of the services rendered under this agreement using one of three paYment mechanisms: Lump Sum task-based, Time and Material, or Percentage of Town Permit/Processing Fees. The Town will, at its discretion, choose the most appropriate mechanism prior to work beginning. Consultant will have the option of accepting or rejecting this paYment mechanism. If Consultant rejects the mechanism, the Town may elect to accomplish the work by other means. . Under Lump Sum compensation, the Town will direct Consultant to establish a fee to complete the task or project requested by the Town. 3 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services . Under Time and Material compensation, the Consultant will submit invoices for paYment based onjob classification and hourly rates listed in Exhibit B. For each project Consultant performs using this compensation mechanism, the Town will establish a maximum total fee. Hourly rates will match the work being performed. The Consultant may submit annual adjustments to the rates, which the Town must approve in writing before taking effect. · Under Percentage of Town Permit/Processing Fees, the Consultant will charge by the Time and Material, not to exceed a predetermined percentage of the latest Town-established permit/processing fee, to complete the requested task. Applicable work for this mechanism includes public work encroachment issuance and inspection Total compensation for the life of this agreement shall not exceed $1,000,000.00. 3. Effective Date and Term. The effective date of this agreement is , 2006, provided that Consultant shall not commence any work under this agreement unless and until Town provides Consultant with a written notice to proceed. This agreement shall terminate December, 30, 2009. 4. Billings. Consultant shall submit monthly invoices to the Town describing its services and fees, by task, provided during the previous month. Invoices shall correspond to the paYment mechanism selected by the Town. Consultant shall not bill the Town for duplicate services performed. Consultant's monthly bills shall include, at the minimum, the following information: A brief description of services performed by tasks and sub-tasks, percent completion of each task and in total for the month (if applicable), fee earned amount of the tasks and subtasks for the months (if applicable), hours (if applicable), totals to date, and the Consultant's signature. If necessary, the invoice shall also contain a brief description of any costs incurred. The invoice format shall be approved by the Town in advance. 5. Status Reports. Consultant shall provide the Town with weekly written reports of all developments arising during performance of its services hereunder. 6. Providing Services. Consultant shall assign only qualified, competent personnel to perform services pursuant to this agreement. If Town asks Consultant to remove a person assigned to the work called for under this agreement, Consultant agrees to do so immediately regardless of the reason, or the lack of a reason, and replace the personnel to the satisfaction of the Town. 7. Assignment and Subcontracting. A substantial inducement to Town for entering into this agreement was, and is, the professional reputation and competence of Consultant. Neither this agreement nor any interest therein may be assigned by Consultant without the prior written approval of the Town. 8. Insurance. On or before beginning any of the services or work called for by any term of this agreement, Consultant, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the Town, the insurance 4 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services specified in subsections (a) through (c) below with insurers and forms of insurance satisfactory in all respects to the Town. Consultant shall not allow any subcontractor to commence work on any subcontract until all insurance required of the Consultant has also been obtained for the subcontractor. (a) Workers' Compensation. Satisfactory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant shall be provided with limits not less than one million dollars ($1,000,000.00). In the alternative, Consultant may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. (b) Commercial General and Automobile Liabilitv. Consultant, at Consultant's own cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this agreement in an amount not less than one million dollars per occurrence ($1,000,000.00), combined single limit coverage for risks associated with the work contemplated by this agreement. The Town Attorney shall have discretion to lower this limit for proj ects that s/he finds, in her sole discretion, to have relatively low risk. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general annual aggregate limit is used, either the general annual aggregate limit shall apply separately to the work to be performed under this agreement or the general annual aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this agreement including the use of owned and non-owned automobiles. No endorsement shall be attached limiting the coverage. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: (i) Town, its officers, employees, agents, and volunteers are to be covered as additional insureds as respects to each of the following: Liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired, or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded Town, its officers, employees, agents, or volunteers. (ii) The insurance shall cover on an occurrence or an accident basis, and not on a claims made basis. (iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the Town will be called upon to contribute to a loss under the coverage. 5 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services (iv) Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to Town and its officers, employees, agents, and volunteers. (v) Insurance is to be placed with California-admitted insurers with a Best's rating of no less than A: VII. (vi) Written notice of cancellation or non-renewal must be received by Town at least thirty days prior to such change, ten days notice if cancellation is due to nonpaYment of premium. (vii) The policy must contain a cross liability or severability of interest clause. (c) Professional Liabilitv. Consultant, at Consultant's own cost and expense, shall maintain professional liability insurance for licensed professionals and staff under direction of licensed professional performing work pursuant to this agreement in an amount not less than one million dollars ($1,000,000.00) covering Consultant's errors and omissions, as follows: (i) Written notice of cancellation must be mailed to the Town at least thirty days prior to cancellation and shall be included in the coverage or added as an endorsement to the policy. (ii) The following provisions shall apply if the professional liability coverages are written on a claims made form: 1. The retroactive date of the policy must be shown and must be before the date of the agreement. 2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the agreement or the work. 3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the work. The Town shall have the right to exercise at the Consultant's cost, any extended reporting provisions of the policy should the Consultant cancel or not renew the coverage. 4. A copy of the claim reporting requirements must be submitted to the Town prior to the commencement of any work under this agreement. (d) Town's Remedies. In addition to any other remedies Town may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Town may, at its sole option: 6 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services (i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the agreement; (ii) Order Consultant to stop work under this agreement or withhold any paYment which becomes due to Consultant hereunder, or both stop work and withhold any paYment, until Consultant demonstrates compliance with the requirements hereof; (iii) Terminate this agreement. Exercise of any of the above remedies is an alternative to other remedies Town may have, and is not the exclusive remedy for Consultant's failure to maintain insurance or secure appropriate endorsements. ( e) Consultant shall submit evidence of compliance with the insurance and endorsement requirements of this Section for the approval of the Town Attorney. 9. Consultant's Responsibilitv. Town is retaining Consultant in reliance on its representations that it has the skills, experience and knowledge necessary to perform the work agreed to be performed under this agreement in a competent manner. Acceptance by Town of the work performed under this agreement does not operate as a release of said Consultant from responsibility for the work performed. It is further understood and agreed that Consultant is apprised of the scope of the work to be performed under this agreement and Consultant agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of practice applicable to Consultant's profession. If the Town determines, at its sole opinion, the Consultant does not progress with the completion of the scope of work in a competent manner, the Town may terminate this agreement at its sole discretion. 10. Indemnification. Consultant shall indemnify and hold Town, its officers, employees, and agents harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of applicable federal, state or municipal law or ordinance, or other cause arising out of the willful or negligent acts or omissions of Consultant, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising solely out of the negligence or willful misconduct of the Town, its officers, employees, or agents. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 11. Licenses. If a license of any kind having terms intended to include evidence of registration is required of Consultant, its employees, agents, or subcontractors by Federal or State law, Consultant warrants that such license has been obtained, is valid and in good standing, and 7 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services Consultant shall keep it in effect at all times during the terms of this agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations. 12. Termination. The Town may terminate this Agreement immediately for violation of any provision thereof and/or may terminate it without cuase upon fifteen (15) days written notice to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; provided, however, that the Town may condition paYment of such compensation upon Consultant's delivery to the Town of any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the Town in connection with this agreement. 13. Abandonment by Consultant. Fifteen (15) days written notice must be given to the Town in the event Consultant decides to cease performing services under this agreement or otherwise abandons the project prior to completing all of the services described in this agreement. Consultant shall, without delay, deliver to Town all materials and records prepared or obtained in the performance of this agreement, and shall be paid for the reasonable value of the services performed up to the time of cessation or abandonment, less a deduction for any damages or additional expenses which Town incurs as a result of such cessation or abandonment. 14. Ownership of Materials. Upon paYment therefor, any and all documents, including draft documents where completed documents are unavailable, or materials prepared or caused to be prepared by Consultant pursuant to this agreement shall be the property of the Town at the moment of their preparation. All materials and records of a finished nature, such as final plans, specifications, reports, and maps, prepared or obtained in the performance of this agreement, shall be delivered to and become the property of Town. All materials of a preliminary nature, such as survey notes, sketches, preliminary plans, computations and other data, prepared or obtained in the performance of this agreement, shall be made available, upon request, to Town at no additional charge and without restriction or limitation on their use consistent with the intent of the original design, and without liability to Consultant for changes, alterations, or use by Town thereof in a manner not intended hereby. 15 Conflict of Interest. Consultant warrants and covenants that Consultant presently has no interest in, nor shall any interest be hereinafter acquired in, any matter which will render the services required under the provisions of this agreement a violation of any applicable State, local, or Federal law. In the event that any conflict of interest should nevertheless hereinafter arise, Consultant shall promptly notify the Town Attorney of the existence of such conflict of interest so that the Town may determine whether to terminate this agreement. Consultant further warrants its compliance with the Political Reform Act (Gov. Code S 81000 et seq.) respecting this agreement, and that it has not place any undue influence upon Town staff or representatives concerning this agreement. In addition, Consultant possesses no authority with respect to any Town decision beyond the rendition of information, advise, recommendation or counsel. 16. Copyright. At Town's sole expense and upon Town's request, Consultant shall execute appropriate documents to assign to the Town the copYright to work created pursuant to this agreement. The issuance of patent or COPYright to Consultant or any other person shall not affect Town's rights to the materials and records prepared or obtained in the performance of this agreement. Town reserves a license to use such materials and records without restrictions or 8 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services limitation consistent with the intent of the original design, and Town shall not be required to pay any additional fee or royalty for such materials or records. The license reserved by Town shall continue for a period of fifty years from the date or execution of this agreement unless extended by operation of law or otherwise. 17. Time is of the Essence. Consultant agrees to diligently prosecute the services to be provided under this agreement to completion and in accordance with any schedules specified herein. In the performance of this agreement, time is of the essence. Consultant shall be not responsible for delays outside Consultant's control. 18. Compliance with Laws. In the performance of this agreement, Consultant shall abide by and conform to any and all applicable laws of the United States and the State of California, and the Town of Tiburon Municipal Code and all ordinances of the Town. Consultant warrants that all work done under this agreement will be in compliance with all applicable safety rules, laws, statutes, and practices, including but not limited to Cal/OSHA regulations. 19. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others it may employ to engage in discrimination in the emploYment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 20. Independent Contractor Status. In performing any Services under or relating to this Agreement, Consultant is an independent contractor and not an employee of the Town. Consultant shall not represent, at any time or in any manner, that Consultant is an employee of the Town. 21. Waiver. The waiver by either party of a breach by the other of any provision of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent breach of either the same or a different provision of this Agreement. 22. Attorney's Fees. In the event of any breach of this Agreement, the party aggrieved shall be entitled to recover from the party who breaches, in addition to any other relief provided by law, such costs and expenses as may be incurred by said party, including court costs, reasonable attorney's fees, and other costs and expenses, taxable or otherwise, reasonably necessary in preparing the defense of, defending against, or seeking or obtaining an abatement of, or an injunction against, such action or proceeding, or in enforcing this Agreement, or in establishing or maintaining the applicability of, or the validity of, this Release, or any provision thereof, and in the prosecuting any counterclaim or cross-complaint based thereon. 23. Notices. All notices under this Agreement shall be in writing and shall be delivered by personal service or by certified or registered mail, postage prepaid, return receipt requested, of the parties. Any written notice to any of the parties required or permitted hereunder shall be deemed to have been duly given on the date of service if served personally or if served by facsimile transmission (with confirmation of receipt), or seventy-two (72) hours after the mailing. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given as provided hereunder shall be deemed to be receipt of the notice, demand or request sent. Notices of the parties shall be addressed as follows: 9 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services To Consultant: To Town: Nicholas Nguyen, Public Works Director / Town Engineer Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Tel. (415) 435-7388 Fax (415) 435-2438 Each party shall provide the other party with telephone and written notice of any change in address as soon as practicable. 24. No Third-Partv Rights. The parties intend not to create rights in, or to grant remedies to, any third party as a beneficiary of this agreement or of any duty, covenant, obligation, or undertaking established herein. 25. Whole Agreement. This agreement has 11 pages excluding the exhibits described on its signature page. This agreement constitutes the entire understanding and agreement of the parties. This agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. 26. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and the Public Works Director and approved as to form by the Town Attorney; otherwise by the Town Council. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this agreement. 27. Interpretation. This Agreement shall not be construed in favor of or against either party but shall be construed as if all parties prepared this Agreement. The masculine and neuter genders, the singular number and the present tense shall be deemed to include the feminine gender, the plural number and past and future tense, respectively, where the context so requires. 28. Controlling Law. The laws of the State of California shall govern this Agreement. In the event that a dispute arises between the parties, Marin County shall be the venue for resolving said dispute. 29. 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 of five 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. 10 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services 30. 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. 31. Severability. Should any part of this agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this agreement, which shall continue in full force and effect, provided that the remainder of this agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 32. Counterparts. This Agreement may be executed in multiple identical counterparts, each of which shall be deemed an original, but all of which together will constitute one and the same instrument but the parties agree that the agreement on file in the Office of the Town Clerk is the version of the agreement that shall take precedent should any differences exist among counterparts of the document. IN WITNESS WHEREOF, Consultant has executed this agreement, and the Town, by its Acting Town Administrator, who is authorized to do so, has executed this agreement. CONSULTANT By: Name: Title: Dated: TOWN OF TIBURON Dated: By: Heidi Bigall Interim Town Manager Attachments: Exhibit A, Scope of Work to provide As-Needed Municipal Engineering and Construction Management Services for the Town of Tiburon. Exhibit B, Hourly Rates 11 of 11 Agreement For As-Needed Municipal Engineering And Construction Management Services STAFF REPORT AGENDA ITEM t)~ Town of Tiburon TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL SUBJECT: MATTHEW C. ODETTO, CHIEF OF POLICE BOOKMARKS SPECIAL EVENT PERMIT REQUEST SEPTEMBER 6, 2006 REVIEWED By:-0- FROM: MEETING DATE: BACKGROUND The Town has received a Special Event Permit request from the Belvedere - Tiburon Library Bookmarks to hold an event at Blackies Pasture. The event will take place on Sunday, September 30, 2006 between the hours of 1 0:00AM through 2:00 PM and will utilize a portion of the pasture adjacent to the temporary parking area. The Bookmarks plan to erect 8-10 (1 Ox1 0) tents for children's activities. In addition to the activities, there will be a pony ride and a "jumpy" for the children. All proceeds from this event will benefit the Belvedere - Tiburon Library Bookmarks. ANAL YSIS Staff has met with the planner for this event. Staff is satisfied with their current site, parking and cleanup plan, RECOMMENDATION It is recommended that the Town Council of the Town of Tiburon approve the Special Event Permit for the Belvedere - Tiburon Library Bookmarks event. TOWN OF TIBURON SPECIAL EVENT PERMIT DATE OF EVENT: ~O~TIME:(StarttoFiniS,h) IDC4J1'~ ciLpm TYPE OF EVENT;~rtt.mdV tJm.lio..y 1/ (~h/fj~ct I !3R-~rs ~~ I,) Number of People anticipated: ..,z~ 6 - 0115 0iA iJ tlv.fA/1 (), J hL oG - 0 YV:J. LOCATION: 010J;i(( lS ~V DJGESi~r Please describe YOUR PLAN for the following: (Attach separate sheets if nec.ess. ary) . . -L.L ~ PARKING: U~r.0 p4AItt( parKJ(J ltrf)?oJT WfU fJ4SD nwL ~ dAk:flPI IVv Street Blockage or Closure: ND Will alcohol be served? NO CLEAN-UP & RECYCLING - A recycling plan is REQUIRED BY TOWN OF TIBURON. (Contact Romney Fennell at 435-7357 for details.) FIRST AID: Do you anticipate ~singsound amplification eq, uipment? .HiX ,(}w/ntl.11?b . ( Mlth 1(" U-.A oV~ Wl 0J-Uh If so, please descnbe: W{ aN'{ ~ct>Vlq let l.lt..a1 CVt'/ tLv,(,(!)'S yYlV~ c.t;r IUVJ I 'I '7 J )1) It1lv-hVWI--hv ~ Vi 0 ~. Your Permit will be approved onlV after receipt of dbcurhemtatitbn showing that the Town of Tiburon has been added as an additional named insured to your insurance policy' for this event. This normally requires an endorsement. A certificate showing only that you have insurance is not sufficient. Special Event Insurance can be purchased through the Ji. Recreation Department at 435-4355 (ask for Dana Thor). Fax or mail your completed form to Town Hall at 435-2438,1505 Tiburon Blvd. 94920. Thank you. Date: Applicant APPROVED BY: Chief of Police Date Date Deputy Director of Public Works Date Fo ~ f vtAITJ (),} 7TJt)J Of' (Jv?JltC ~ fJ~fflTY Director of Comm. Development Date T own Manager ..ackUJ ram,) .~ Du ! D tl.J',lIv Au; J s-ijlrMvth<v ~ () 1h I D cLYVI -:2- pm m 0 f/v JM,.1 ilvtW JJ-< A1 puvr 5?V d b!J tJ;c.;, liWi ~ v t s~ ~, 0Vf1C(.;Y)12/~~W1 lA/~1;t l41 V'1-'1'7{,5 :~Y1t{S fw: ~ U/tJJ..~~'s y(ioYVI L~ ~ !3e{.vul~- T/Y;/JI//f1JYI L-tWV<'M-tf, Th I~ wi' 0 bf. .qtu.f> vlJt1J/I1.1flfv ~~. ./ K I eta /;'1 ut a 4-0 w /,,u I?t vt~ C1AM.e u ~4 b Lrj- '-i1f.t {l/~ 1'7 ~.(c4v{ vl -hrwtwt~ fl -ro 1(3 VOl/V 0 I ds. :.:r;,.,tl.il/)~ Wi vl m ~t;lL ~ fl,ttM1us{- '-h\.Q n.v.u c~ I tW..al"S bct/<.. ~0v",* Y!?/ ~U0W; VL 0 (0{ tcv'! d 'Pt{,1/r' 01 pwr.( I VI l( V(i/Vl-dy u.r QufwHi{'!> '7 ~ "A-'7 : flt({ -P&t~.-H^Y1J/ Q co-l(( i"Vtll~) aL \lDc~ ,CYI, ~k11t-11 lVtV{, pDVI V vt NS . VI. (}1IVj) f1v:stvv~~ V 14 t) -S'-P jt1 rn'{I/ ~ ,/.W{)'l VVl V.01 (A tl.-Y7 (Wl,c.,t, Kl Ify "v I J VV1 (ClAn) J ~ pvth Y1 0 ::z 001 J.. c.A,1 d ~V.l'V: (, I v /lit P I ~ q Wl tlc.M) n is # CU/t ol ~AQ.. l1iW\(~~~ otc>1}v1hi"S tv IG-IA4.. .... V/J w,{ CM.W~_~ p~c{ltlJ D~'+1A.e.'3( ~PVttLc7<:>P flVld/.'U.. ~ 1ycto!-- 0oo~l". ~Y) dttd'il-lV\}Vl fPW lJe O\J~vt.>\-l/~' 1;:0 A V-tt.'\4,ov':> } IvU tllly~ ~ rlLVV/1l v'S mOvv1~. . ~---r '7V\ NIA I \tlUWvV ~ r Vb11W1 rlt.l~ 3 -Ltfboc{ V (,1/\4 c j/~ . J CU1/I hcrr y-h (.) V11V I ~ OVL\y '!- tltidllrn orf mf VYV1~ Un \{,O'^- W1 cry jtLU d, '/h tWl K 1..1 M fw V Vt,.vV AS0 1':> ftw.c-~ (11-~10 JWlCYlt~. J / :K I W) A D~tto Y1 p(.e~ll,~t- J 000'~JIV1ctVl(0 ~,6/4~L?'. 520~ VtoWl0 4.j "} lv01o' J I ~ D c iLl WI ~j I Vl :) @ ttVY1C us.t . net STAFF REPORT AGENDA ITEM 66 Town of Tiburon TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: MATTHEW C. ODETTO, CHIEF OF POLICE SPECIAL EVENT PERMIT REQUEST, RCP MILE SWIM (jI September 6, 2006 REVIEWED BY:~ SUBJECT: MEETING DATE: BACKGROUND The Town Clerk received a Special Event Permit request for an open water swim race known as the RCP Tiburon Mile Swim. The event is to take place on Sunday October 1, 2006 between the hours of 9:00 AM through 12:00 PM. The promoter of this event requests to utilize the area of Shoreline Park for swimmer registration, spectator use and the awards ceremony. The RCP Staff expect over 800 swimmers and 2000 spectators for this event and will have approximately 250 volunteers on site to assist the swimmers and spectators. As in previous years, the event staff will set up various tents and tables the evening before the event on the lawn area of Shoreline Park. Paradise Drive will remain open throughout the event. This use of Shoreline Park is consistent with the Town Councils Policy for the use of this area. All proceeds from this event will benefit Special Olympics. ANAL YSIS The police department has met with the promoter on several occasions regarding this event. A comprehensive plan has been developed to address the following concerns. (Exhibit 1) . Provide adequate parking and traffic control. . Provide adequate security. . Provide adequate volunteer staff for the event. . Provide adequate first aid. . Provide adequate bathroom and garbage pick up. The Point Tiburon Lagoon, pt. Tiburon Bayside and the Old Lyford Cove Homeowners Association have been advised of the event. RECOMMENDATION It is recommended that the Town Council of the Town of Tiburon approve the Special Event Permit for the RCP Tiburon Open Water Swim, Exhibit 1: Attached 41543.2438 PAGE e 3 ,.&~ 11/2e/...2,~.~5 ,,2B~J3Q .I. ~4l~~~~551?OWM OF T J BURDM SONC SF ................~ :.1 TOWN OF nBURON SPECIAL EVENT PERMIT i DAn OF EVENT: 10-/~ 0 " T1III!:(SIIut.'~~~:,~~ -..ll-.; 39 p~ TYP!OFEVENT: Ope..., LDa~r S~,"r"Y\ Nun" 01 People .nticlpat.d: R D~ LOCATION: ,a.eQ~,U Se., (\e.~+ -fa C"C~ lA;>a cr vr+-IA~"""P~'<.5~,- l~~.. '. ...... ~ Add_ rzIlndividual at lpo-.l.. 0rIII.........: 81-. r;)t""'f'J . Spe&IAI ObVh:~,"<; 1 ~~~~~Q.~.,pr Cd 1 ........ Phone: ~ ~(J .. I S 9 ~ Work......: ~ .. . . , . . ttl S. 5'ClJ.a .1 ~:S'D "uNtIIIl"r:2l/5'59~'3~5S . .. ~ c::r . . Plene desQribe YOUR PLAN for the ~: {AIfIcIh ___... ,~ . .'. ~.: ". .....L _ PARKI'NG: Re9\u.\a..("~\r bu-r~ O\..L.+l~--ts. 'vol~~ers.~..~ "40'"",~<<~S ~~",\m~ \.A.:>\\\' \oe. ~~Q..o(\ \nS~Lt\6Y1S on ~~.:re..~o~K...'. I .... Itrwt BIo~,. or Cloeu..,=, . : See Ol *~c.. ~-e.ct eve..n+~~.. l . . , . W'" alcohol be'MlYed? ~ . CLEAN-UP. RECYCLING - A ntcydtng ,*n it REQUIUQ IV TONN OF T18UION; f_. .', l' (CantIIat Ro~ F,"neM 1t435-T!S7 for deUsl".) ? \~SC-; ~ ~~c....n.c~: """ AID: -:r~ See, cct\~~. Do,.. ..."... ....na~nd ......catIan .......A.., y\e Sa 1_ _ ~. If... ....-.a"...: 7\e.a.~ ~~.. ~~nre.~ Your PermIt will be 1IPP'OWd'~ .... ,.... of docurn..,~ ....'" .. ..... r.- .d ..,...... ..... ....,...., .. en eddIIon. named Ine4Qd 10 ~ur In...... polcW for ... ..... .,......... ...... ..., .....mant. A cer1i1k:n .hOWlfl9 only "It )(JU tww ".~.. ........ .....~. . . ,....... <*1 be pureha_ Ittm"'" h Jt, ~ o.p.....1l QI~_ (IIk!b,__ TIIat). . Fg.or rNR ~Uf~ form t:l Town HIIfl.~~~~" ....... .......,., "" : ...J .~o'DCo ~\.> L'\ H .. . AppIIQant. C~\s-H~ u.:)\.YID.O~ APPROVED BY: cnw of Police Date Oaputy O4receor of F'ubNc WOr1(1 Data 0.. Fb/.f~ (),II ': ~ty~ ~ Dtrectar of Comm. Oev*opment Data Town M.n-o_ ~ lO, THE RCP TIBURON MILE OPEN WATER SWIM Event Plan Summary EXHmIT NO. DATE: Sunday, October 1, 2006 TIME: 9:00 A.M. - 12:00 NOON LOCATION: Angel Island to Downtown Tiburon EXPECTED NUMBER OF SWIMMERS: 800 EXPECTED NUMBER OF SPECTATORS: 2000 NUMBER OF VOLUNT.Lc:RS (on shore): 150 NUMBER OF VOLUNTEERS (on water): 100 RACE CONTACT: Christine Wilson-Ev6nt Manager 415-593-3250 prior to event 415-260-1593 day of event --------------------------------------------------------------------------------------------------------------------------- SET UP: We will provide people in orange bibs with signs as traffic control during set up. Please have sprinklers shut off from 4pm Fri, 9/29/06-Monday morning. 1 :OOpm to 8:00pm-Saturdav. September 30. 2006 1 large tent (approx. 20 x 80) for swimmer's brunch will be set up. Six awnings (10 x 10) will be set up for swimmer registration, check in, etc. Mill Valley refuse will deliver one dumpster to be placed in the parking lot of the Historical Society. Portable toilets will also be delivered and placed in the parking lot. Toilets will be enclosed in a tented area and clearly marked and covered with white lattice like last year. Two additional toilets will be located on the plaza and will be enclosed in a tented area as well. Tables, chairs and all ancillary equipment and signage will be posted the evening prior to the event to minimize early morning noise. Picket fencing will be placed along the length of the event on the park side of street to prevent foot traffic from walking on the lawn. Parking signage will be 1_. ,.~ visible. Please review the attached Site Map for layout. PARKING & TRAFFIC CONTROL: As in past years, we provide all swimmers, volunteers and sponsors with pre-event letters explaining the parking situation in Tiburon and encouraging car-pooling. In addition, our personnel will manage traffic flow. There will also be 2 designated spots with traffic control. The drop-offs will be at the Main Street turnaround and at the water fountain. There will be no double-parking allowed. SAFETY ISECURITY: Security will be provided the same 2004. One security personnel will be at the site ~om 8:00 pm Saturday, September 30th to 6:00am Sunday, October 1 st. The security personnel will guard the event site during the course of the evening. At 6:00 am two more security personnel will arrive. At this time, security will be stationed at the entrance to the Homeowner's parking lot to assure that event participants do not park in the Homeowner's lot. Security will be stationed at the awards/staging area and at the swimmer baggage area as well. One Police Officer will be scheduled to be on duty from 6:00am to 12:0Opm. CLEAN UP AND RECYCLING: Garbage receptacles will be used as well as dumpsters. Volunteers will clear beach morning of race. Will have clean up crew to clear race area and assure no garbage is left. FIRST AID: First Aid will be located at the finish line, on Angel Island Tiburon Ferry dock and the American Red Cross will be available at the event site (Waterfront park) in addition to water safety personnel. This will include approximately 9 people. Doctors will be on hand at the finish line, and an ambulance will be located in the parking lot of the Corinthian Yacht club. An event safety plan is attached for your reference. SOUND/P A SYSTEM: A small P A system will be used to Sam's Deck to update swimmers with information and at waterfront park for awards ceremony. TEAR DOWN: The event runs to 12:00 noon and we expect to have our tear down complete between 2:00 and 5:00 pm. The dumpster and porta-potties will be picked up between 1:00 pm and 3:00 pm on Sunday, along with all other equipment. The RCP Tiburon Mile 0 en Water Swim - ~~006 Sunday October 1, 2006 Guaymas Event MaD Town of Tiburon. CA -" Blue & Gold Ferry / Angel Island Ferry / "'''0. ".'.,." . ...,'.,,'_ /. ,', c. ,- ", ' :',' ,,~ ".]~. J.. ';;;-f,}, /;'l'/~:' ; ;:,1-,;""' I " i>...: ~;-',', ," ,-' ,~' ,:}:~>;':~-}t\ ,;"" j;j.~ cj .5 ClJ c: ~ ~ ~ ~ :r: a OJ L.. C'I 0 "0 .c w g ,lJ) <: L.. ,l/l 2 E co co 3: U) RCP TIBURON MILE Open Water Race Guidelines & Safety Plan Pre-Race Instructions Note: A strong effort should be made to involve all the contestants in the pre-race briefing and ensure instructions can be heard and understood. A good public address systems essential. Please use the following guidelines for briefing. WELCOME: Name of Swim Thank Sponsors GENERAL ANNOUNCEMENTS: Awards Refreshments Other facilities (Bathrooms, swimmer bag location, etc.) CONDITIONS: Water temperature Possible hazards Currents or tides SAFETY/EMERGENCY PROCEDURES: (items to be covered) 1. If you are apprehensive about participation in the swim or your ability to complete the distance, please withdraw before entering the water at the start - this is not the time to test your open water swimming skill for the fIrst time. 2. If you need assistance during the race, wave one arm overhead. a uaddler will come to vou. 3. If you drop out before or during the race, report immediately to the fInish line judge under the finish banner so your safety can be accounted recorded. 4. Faster swimmers should position themselves closer to the start line at the edge of the water with slower swimmers assuming a less risky position farther back on the beach. 5. Emereencv staff will be stationed on a desienated boat on the bay, and at the fInish line. 6. A cut off time of 50 minutes will be enforced. Any swimmer still in the water at this time will be brought to shore, please cooperate for your own safety. THE FINISH: Chute directions Clock Computer tag directions Discourage non-registrants from participation THE COURSE: Direction of swim on course Required Buoys - Boat positions Reference to map or other bearing markers (balloons on deck) Re-caution about possible course hazards THE START: Time of start Ferry location Repeat position of faster and slower swimmers on beach (slower swimmers assume less risky position farther back on the beach) Spread out, be courteous Explain start command and signals (red flag= 2 minutes, green flag + gun or horn = GO) GENERALINFO~TION COURSE 1) Swim Course - the swim course is defined by: a. The start line. b. The turn markers with explicit directions as to which side of the marker the swimmer must pass. All other markers are for directions only and do define the limits of the course. c. The finish line. (2) Maps/Diagram - The maps/diagram of the proposed course show the start, finish, course distances, course marker locations, and medical evacuation points. (Medical evacuation points are shoreline locations \to which swimmers will be transported for emergency medical aid.) (3) Course Design - The course of the swim is designed so as to minimize confusion of the swimmers. This course design avoids head-on traffic patterns where swimmers could pass close to each other in opposing directions. (4) Course Markers - Fixed and anchored course markers will be used as follows: a. Brightly colored. Turn markers will be easily distinguished from course markers. b. Markers will have a visible surface area of at least four square feet. c. Markers will be high above the water, three feet minimum. d. Hazards and danger areas on the course will be marked with a marker different than course or turn markers. (5) Large Map. - A large map of the course will be available for the viewing of the contestants at the race site. (6) Start a. Beach will be clean and free from hazards (large rocks, glass, etc.) b. Starting line will be the length of Ayala Cove Beach. c. The starter will be clearly identified and visible to all persons on the starting line, and in front of the starting line. d. The starting area will be controlled so as to keep non-participants clear. e. A gun, horn or siren will be used with simultaneous waving ofa large green flag which swill stand out from the surroundings. A two minute red flag warning will be given. EVENT SAFETY 1) Emergency provisions (a) all event personnel shall be informed of the emergency provisions for the event. The event director win hold a meeting including all personnel just prior to the event to make them aware of these safety provisions. (b) The RCP Tiburon Mile has an Open Water Safety Plan. The plan includes detailed procedures and methods of transport for swimmers needing emergency medical aid from water pickup to land based medical services. The details procedures for both the start and the finish of the race. ( c) Mechanisms and procedures will be provided in order to transport swimmers to shore- based medical assistance in less than ten minutes. (d) Safety monitor stations (i.e., row boats, kayaks, long boards, jet skis) will be positioned on the course in a minimum ratio of one station per 30 entrants. It is the intent of this guideline to provide coverage of the complete field at all times. Pilots are considered safety stations. Emergency evacuation boats are not. ( e) Safety monitor stations will be equipped with first aid supplies and an emergency signaling device to summon a medical evacuation boat (signals may be day flares, smoke flares, radios or flags). (t) Emergency evacuation boats (i.e., power boats) shall not approach the race course at any time. Persons in trouble will be brought to the evacuation boat by a safety monitor using non-motorized transportation. (g) A detailed plan is available for event cancellation during the event due to safety considerations arising after the competition has started. (h) Procedures have been developed to account for each participant. (i) A public briefing of all swimmers will be held prior to the start of the event. Attempts will be made to involve all contestants in the briefing to ensure that instruction are heard and understood. A public address system will be used. The briefing will include: a. A description of general conditions (water temp, depth, unusual hazards....) b. Opportunity for withdrawal if any swimmer has apprehensions as to their ability or desire to participate. c. Participants obligations if they drop out/quit. d. Procedures for getting aid while swimming. e. Finish procedures and cutoff time. f. Encouragement of the contestants to position themselves at the start with the faster swimmers in the front. Encouragement of swimmers to be courteous and pay attention to other's safety. g. Review of course directions/markers and rules h. Starting procedures and signals. RCP Tiburon Mile Open Water Races Medical Evacuation Plan This document details the medical evacuation plan for the RCP Tiburon Open Water Swim. Safety monitors in kayaks, canoes, or on paddle board will be posted around the course at intervals of at least one every seventy-five (75) yards, or one safety monitor water craft for every 15 swimmers- whichever is greater. Safety monitors will have first aid supplies and tow ropes attached to a flotation device available for swimmers needing assistance. Any swimmer in distress can signal the safety monitors by raising a closed fist to indicate that they are in trouble, or by calling out. The 'safety monitors will then tow the swimmer on the float out of the race course where the medical evacuation boat can pick them up. All safety monitors will have first an emergency signaling devise (brightly colored flat) to summon a medical evacuation boat once they are clear of the race course. The medical evacuation boat will then transport the distressed swimmer to shore within ten minutes where appropriate medical care can be administered. A first aid station will be ashore where emergency medical personnel are on duty. They will have the equipment and supplies to re-warm swimmers who are hypothermic, or perform basic first aid. In the event of major injury, there will be a basic life support ambulance standing by to transport the swimmer to Marin General Hospital or other facility as deemed appropriate by emergency medical technicians. The RCP Tiburon Mile Open Water Swim May 8, 2006 Jf~~ ~~.f'? Specl.I DIJlllIplcs Northern Californiil Bill Lukens Old Lyford Cove of Tiburon P.O. Box 1014 Tiburon, CA 94920 Dear Mr. Lukens, I do hope this letter finds you well. For the last several years yourself and Old Lyford's Cove have been a wonderful supporter of the RCP Tiburon Mile Open Water Swim. As you know, the 2005 event was postponed and now we are in the planning stages to get the 2006 event running again. The RCP Tiburon Mile Swim has made some positive changes in the last year, transitioning most of the race production and organization to the Special Olympics Offices, further focusing the event on raising money for this special charity. I too, having been the Event Manager for the last couple of years have moved to the Special Olympics offices and look forward to making the future of this event even more successful as it has been for the last six years. That being said, the success of this event is due in large part to the support of the Tiburon community and I thank you once again for your ongoing support. In this regard, I wanted to touch base with you and Old Lyford Cove of Tiburon Association in notification of the 2006 event as well as offer to answer any questions or concerns that you may have in its regard. We would like to be sure that the inhabitants of Tiburon and its neighbors are proud to be the home of the RCP Tiburon Mile Swim and will do our best to achieve this. The th Annual Tiburon Mile Open Water Swim will take place, Sunday, October I, 2006. At 9am, swimmers will begin the competition from Ayala Cove on Angel Island swimming towards Tiburon where they will finish on the beach next to Sam's Anchor Cafe. As in year's past, tents for Registration, Food, First Aid and Sponsors will be set up along the grass areas of Paradise Drive beginning Saturday afternoon, September 30th and torn down late Sunday afternoon, October I st. As the event begins at 9am, volunteers will be arriving in the downtown Tiburon area at 6am for set-up and swimmer registration. In its th year, the RCP Tiburon Mile has been described by Swimming World Magazine as, "A Magical Event - close-knit and very inspiring." Labeled the "World's Premier International Open Water Swim," The Tiburon Mile attracts over 700 swimmers and 2,000 spectators. An event such as this gives competitors, sponsors, volunteers and more importantly the Tiburon community, an opportunity to partake in supporting a wonderful cause, the Special Olympics. We are hoping to raise $100,000 for Special Olympics this year and can not do it without your support and cooperation. Thus, we thank you in advance for aiding in this achievement. Mr. Lukens, it would be an honor if you would accept our invitation to come to our VIP Deck during and after the event. This VIP only affair is a catered event, where you will be among world-class athletes and media personalities all gathered to watch the event. If you have any questions, please let me know, (415) 593-3250. Thank you for your time and consideration. Sincerely, Christine Wilson Event Coordinator The RCP Tiburon Mile Open Water Swim May 8, 2006 (;.~ SpecialDIYnJpics Northern California Diane Kay Point Tiburon Lagoon/Bayside Homeowner's Association 55 Lagoon Vista Tiburon, CA 94920 Dear Ms. Kay, I do hope this letter finds you well. For the last several years yourself and The Pt. Tiburon Lagoon and Bayside Homeowner's Association has been a wonderful supporter of the RCP Tiburon Mile Open Water Swim. As you know, the 2005 event was postponed and now we are in the planning stages to get the 2006 event running again. The RCP Tiburon Mile Swim has made some positive changes in the last year, transitioning most of the race production and organization to the Special Olympics Offices, further focusing the event on raising money for this special charity. I too, having been the Event Manager for the last couple of years have moved to the Special Olympics offices and look forward to making the future of this event even more successful as it has been for the last 6 years. That being said, the success of this event is due in large part to the support of the Tiburon community and I thank you once again for your ongoing support. In this regard, I wanted to touch base with you and The Pt. Tiburon Lagoon/Bayside Homeowner's Tiburon Association in notification of the 2006 event as well as offer to answer any questions or concerns that you may have in its regard. We would like to be sure that the inhabitants of Tiburon and its neighbors are proud to be the home of the RCP Tiburon Mile Swim and will do our best to achieve this. The ih Annual Tiburon Mile Open Water Swim will take place, Sunday, October 1, 2006. At 9am, swimmers will begin the competition from Ayala Cove on Angel Island swimming towards Tiburon where they will finish on the beach next to Sam's Anchor Cafe. As in year's past, tents for Registration, Food, First Aid and Sponsors will be set up along the grass areas of Paradise Drive beginning Saturday afternoon, September 30th and tom down late Sunday afternoon, October I st. As the event begins at 9am, volunteers will be arriving in the doWntown Tiburon area at 6am for set-up and swimmer registration. In its ih year, the RCP Tiburon Mile has been described by Swimming World Magazine as, "A Magical Event - close-knit and very inspiring." Labeled the "World's Premier International Open Water Swim," The Tiburon Mile attracts over 700 swimmers and 2,000 spectators. An event such as this gives competitors, sponsors, volunteers and more importantly the Tiburon community, an opportunity to partake in supporting a wonderful cause, the Special Olympics. Weare hoping to raise $100,000 for Special Olympics this year and can not do it without your support and cooperation. Thus, we thank you in advance for aiding in this achievement. Ms. Kay, it would be an honor if you would accept our invitation to come to our VIP Deck during and after the event. This VIP only affair is a catered event, where you will be among world-class athletes and media personalities all gathered to watch the event. If you have any questions, please let me know, (415) 593-3250. Thank you for your time and consideration. Sincerely, Christine Wilson Event Coordinator CERTIFICATE OF INSURANCE I 08/04/2006 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION American Specialty Insurance & Risk SeNices, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND, OR 142 North Main Street ALTER THE COVERAGE AFFORDED BY THE POLICY BELOW. Roanoke, Indiana 46783 INSURED INSURERS AFFORDING COVERAGE Special Olympics, Inc., All Special Olympics Accredited U.S. Programs INS. A: Philadelphia Indemnity Insurance Company 11 33 19th St NW INS. B: Washington, DC 20036 INS. C: SPECIAL OLYMPICS NORTHERN CALIFORNIA, WEST BAY REGION 3480 BUSKIRK AVENUE #340 PLEASANT HILL, CA 94523 CERT NUMBER: 1000437929 COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH ~ESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITION OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS POLICY POLICY POLICY LTR TYPE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS General Aqqreqate 5,000,000 GL PHPK152030 12/31/2005 12/31/2006 Products-Completed Ooerations Aaareaate 1,000,000 A Personal and Advertisina IniuN 1,000,000 12:01 a,m. 12:01 a,m. Each Occurrence 1,000,000 Damaae to Premises Rented to You (Anv One Premises) 100,000 Medical Exoense Limit (Anv One Person) Excluded Non-Owned/Hired Auto Liability 1,000,000 AUTO PHPK152030 12/31/2005 12/31/2006 A 12:01 a,m. 12:01 a,m. DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS - The Hired Auto Physical Damage limit contains a $1,000 collision deductible and a $100 other than collision deductible, Nonowned and Hired Auto (NOHA) liability is excess of any valid and collectible insurance, - The Certificate holder is only an Additional Insured with respect to liability caused by the negligent acts or omissions of the Named Insured as respects to the SPECIAL OLYMPICS NORTHERN CALIFORNIA, WEST BAY REGION, RCP TIBURON MILE OPEN WATER SWIM AT ANGEL ISLAND AND DOWNTOWN TIBURON on October 01,2006. - Coverage for Damage to Premises Rented to You and damage to property in the care, custody, or control of the Insured, $100.000 limit subject to a $2,500 deductible per loss, excluding watercraft, aircraft, and autos, CERTIFICATE HOLDER TOWN OF TIBURON ATTN: DIANE CRANE IACOPI, TOWN CLERK 1505 TIBURON BLVD. TIBURON, CA 94920 CANCELLA TION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES, AUTHORIZED REPRESENTATIVE American Specialty Insurance & Risk SeNices, Inc, also conducts business as A.S.LR.S,L Insurance Agency in the state of California, Q~ TOWN OF TIBURON STAFF REpORT ITEM NO. {o To: MAYOR AND TOWN COUNCIL From: ANN R. DANFORTH, TOWN ATTORNEY Subject: APPOINTMENT OF AD HOC SUBCOMMITTEE NEGOTIATION RE LIBRARY EXPANSION Date: September 6, 2006 BACKGROUND AND ANALYSIS The Belvedere- Tiburon Library's expansion project is moving forward. In anticipation of this project, Library officials have asked to begin discussing how the Library should acquire the property interest necessary to build on what is currently Town-owned land. The Library has appointed Steger Johnson, Vicky Fong & Debbie Mazzolini to represent it in these negotiations. To facilitate this conversation, we recommend that the Council appoint the Town's negotiation team as an ad hoc subcommittee. We recommend that the team be composed of two Council members and the Town Manager, with Community Development Director Scott Anderson and me serving in an as-needed, advisory capacity. Alice Fredericks has said that she is interested in serving as one of the Council members on the team. We expect that Interim Town Manager Heidi Bigall would serve on the subcommittee until new Town Manager Peggy Curran has begun work and is available to step into that role. RECOMMENDATION The Council should appoint an ad hoc subcommittee to negotiate with the Library regarding the latter's request to acquire Town property for use in the Library expansion project. EXHIBITS Letter from Library Director Debbie Mazzolini 1 l I I Belvedere - Tiburon Library 1501 Tiburon Boulevard Tiburon, CA 94920 415- 789- 266 5 415- 789- 26 50 (fax) June 6, 2006 Paul Smith, Mayor Tiburon Town Council Tiburon Town Hall Tiburon, CA 94920 cc: Ann Danforth, Tiburon Town Attorney To the members of Tiburon Town Council, As you are aware, the Belvedere- Tiburon Library Agency (BTLA) is in the planning stages of a building expansion project. The BTLA considers the next step in the planning to be for the two public agencies to meet in order to negotiate the conditions for the transfer of the title of the land to the Library. The Initial Study and mitigated negative declaration received project approval by Tiburon Town Council in June, 2004. In March of this year the first phase of a consultant's assessment of library space and service needs was completed. Phase two of the assessment will be completed by the end of the calendar year. Concurrently, the Belvedere- Tiburon Library Foundation is preparing for a major fund raising initiative. Thank you for your support and we look forward to meeting with you in the near future. (~Sl,nCerelf' ')' · .~~JjZ Deborah Mazzolini, Libr/ (415) 789-2656 / Email: dmazzolini @ Town of Tiburon STAFF REPORT AGENDA ITEM ~ TO: Mayor and Members of the Town Council FROM: Nicholas Nguyen, Director of Public WorkslTown Engineer SUBJECT: Fountain Plaza Art Installation - Authorization to Change the Configuration, Size, and Color of the Benches to Better Match Field Conditions MEETING DATE: September 6, 2006 REVIEWED BY: BACKGROUND AND DISCUSSION On February 2, 2005, the Town Council selected the Coming About fountain design by Reed Madden Designs (RMD) as the finalist for the downtown fountain plaza art project. At the time Coming About consisted of a 22-foot-diameter, 18-inch deep pool with seven stainless steel kinetic sail elements. On March, 1, 2006, the Council approved the concept plan for the downtown plaza prepared by Pedersen Associates (PA) and subsequently approved entering into an agreement with PA to provide construction drawings, estimates, and inspection services on March 15, 2006. On April 5, 2006, the Council approved a set of changes to the RMD scope of work which refined various design elements of the fountain. On June 7, 2006, the Council approved a contract amendment that expanded RMD's limits of construction to include the construction of the outer perimeter concentric concrete ring, fabrication and installation of three feature benches that match the fountain benches, miscellaneous concrete work, and additional excavation, which are all consistent with and called out in the PA plaza design. As the project progresses and all of the design elements are coming together, it has come to our attention that the new "ferry" benches that were recently installed on the north-west end of the plaza are of an incorrect size; 72 inches instead of 48 inches. As per the landscape architect's (PA) plan, they are the same design and black in color matching all the other existing benches in the ferry plaza area. Key project stakeholders have shared their opinions on the situation. Of key concern are the four (4) benches that run perpendicular to the project site and the black color of all the benches in the site. Although the four benches are longer than planned making for a more imposing design element, many feel that they would be imposing even if they were shorter and serve to inadvertently split the project site in two. Lastly, many feel that the black color contrasts too much with the artists' (RMD) fountain design elements. go',. . . ~ , . 8/25/2006 1 of 3 Town of Tiburon STAFF REPORT AGENDA ITEM To resolve this situation staff proposes two (2) options plus a recommended option: Option 1 - Recommended Keep the eight 72-inch benches parallel to the project site and Tiburon Boulevard, re-color them to a light brown to match with the artists' beach sand design element, remove the eight benches that are perpendicular to the site, and place the planter pots as planned. This option would open up the site by removing the benches that bisect the plaza site and give an unimpeded view of the fountain from the north-west end. It would also provide for more "open space" at the plaza, facilitating more formal public events. The incremental cost of this option would be approximately $5,000 to professionally powder-coat a different color and would take approximately 8 weeks to complete from drop-off. This option is ideal since it would allow stakeholders to observe and appreciate the arrangement of all design elements once installed, and if needed allow for additional revisions such as Option 2 and 3 below. Option 2 Keep the eight 72-inch benches parallel to the project site and Tiburon Boulevard, re-color them to a light brown to match with the artists' beach sand design element, remove four 72-inch benches at the north end and replace the four at the south end that are perpendicular to the site with a 48- inch version (also with a light brown color), and place the planter pots as planned. This option would not open up the site but provides a potentially more intimate public seating arrangement. The incremental cost of this option would be approximately $7,400 to professionally powder-coat a different color and would take approximately 8 weeks to complete from drop-off. This time estimate would also include approximately 2 weeks of staff time to convert the benches from 72-inch to 48-inch. Option 3 Keep the eight 72-inch benches parallel to the project site and Tiburon Boulevard, re-color them to a light brown to match with the artists' beach sand design element, remove four 72-inch benches at the north end and replace the four at the south end that are perpendicular to the site with shorter back-less benches (also with a light brown color), and place the planter pots as planned. This option may open up the site, as well as providing a potentially more intimate public seating arrangement. The incremental cost of this option could 20f3 Town of Tiburon STAFF REPORT AGENDA ITEM be approximately $10,000 to professionally powder-coat a different color, custom fabricate the back-less benches, and would take approximately 8 weeks to complete from ordering. This option is logistically more complex. There are sufficient funds to complete any of the three options presented. Anyone of the options would not be completed before the planned October dedication. RECOMMENDATION Staff recommends that the Council authorize the bench arrangement change and adopt Option 1. EXHIBIT Exhibit A - Original construction plan Exhibit B - Option 1 Exhibit C - Option 2 and 3 Exhibit D - Color palette 3 of 3 c as it c o +:; u ::s ~ .... en c o o "'i c -- C) -i: o I c( .... :a -- ..c >< W .., c. ../ ^ "Y , ,/?' -Is' -'1-' ,',~~:, I f..- 'I" -- <:kl._ -r;~:-" __, ,("; .- - ".l ..-.. .- ''oj., I~ '. .,~' a! I .' .~.::~.a; r :~~~~"\\ ':J: \ t-.J,...-:"-7- ./.~ .:" '. ^' \. ''t"".. '; II t~ I '; . " .' \~ "':(~\ - ::.. ,,/'/ , · :<--:=.,:i-::::;:;/ /,~~,'::"-'" 1"/"'-/' \ I i t ~...! ./ ~,,~ l... i /. - /. . '., .'.. ~:.:.-4 ~~,~~::' '~- .1. ,," , . . . . _ . ~..~ w... . ..... ".. . -+ . -. - -- . '\:'..........'.-.:..... ,. @ I' :" ., ~~:~>:::, ':: ~, , ' ~.:.,:.;."."...'.. ~, ~-.:_,-- (:;. 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T358-GR539 Chrome 80% Gloss* T091-GN57 Verdigris Texture Semi-Gloss TCl$4..(;N81 Green Hammertone Semi-Gloss' T091-BR47 Rust Texture Semi-Gloss August 31, 2006 LATE MAIL # 1- fD) ~~~~w~ Mil 1m AUG 3 1 Z006 W Tiburon Town Council 1.0WN CLERK T0WN OF TIBURON Enough already. First there were eight ugly, cold, black metal benches on the Ferry Plaza. Then five more ugly, cold, black frame metal benches appeared on the waterfront. Then twelve more ugly black metal benches appeared by the new fountain. Then four more ugly, cold, black metal benches appeared by the New Morning Cafe and Tiburon Deli. Finally, today we have two more ugly, cold black metal frame benches placed at the South Knoll Park. Enou2h alreadv. There is an alternative, a very attractive alternative that evokes a kinder and gentler time; the graceful, warm, beautiful teak bench. I urge those in charge of selecting future benches in Tiburon to look at the bench in front of the Tiburon Town Hall dedicated to Bob Kleinhart. It is a teak bench. Look also at the benches in the park behind the Library and the Town Hall. They are beautiful, graceful, warm teak benches. Look at the benches in Belvedere's Price Park opposite the new Reed School. Look at the benches in front of Belvedere's Town Hall and all along San Rafael Avenue from Tiburon Boulevard. Look at the benches in front of the San Francisco Yacht Club's new Junior Sailing Center. Look at the benches in the park beside Blackie's Pasture. All are beautiful, graceful, warm teak benches. Look also at the benches at the ferry pier in Sausalito or in front of the town hall in San Anselmo and along San Anselmo Avenue. All are beautiful, graceful, warm teak benches. Please, oh please stop installing the ugly metal benches. The teak benches that have been out there for years still look handsome. The small dedication plaques in Belvedere and San Anselmo that have been inserted into the headboards look handsome. There are no ugly "tombstones" like we have on the Tiburon waterfront or along the multi-purpose bike path. The teak benches are not carved up nor are the plaques ripped off. Let's go first class and stop ugly, cold metal benches and only put out handsome, warm, beautiful teak benches in Tiburon. If the cost of the teak benches is a problem for the Town Council, I urge it to advertise that dedication plaques can be purchased for x amount which will cover the cost of the plaque and the bench. I am confident that you will find donors. Turn the dedication plaque/bench donor project over to the Parks and Recreation Committee. Let us begin already. Sincerely, John E. Sanford and Judy B. Sanford cc: The Tiburon Ark Town of Tiburon STAFF REPORT ~/ 1 .... Q f T llJ U ",. ::r.~. . ..-9 0- ~Z.c3 ~~. ('\ ~ "'--~ --'--"-=- V;~;~~~JI .~ ~.\o"A\~<" '. , . AGENDA ITEM ...... .... ....... ... ......... .... ........... .... ... MAYOR AND MEMBERS OF TOWN COUNCIL DANIEL M. WATROUS, PLANNING MANAGER FILE #30602: AMENDMENT TO CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PO #45) TO ALLOW ADDITIONAL FLOOR AREA; 40 MONTEREY DRIVE; NASSER KASHEF', OWNER; ASSESSOR'S PARCEL NO. 034-394-04 TO: FROM: 5 SUBJECT: MEETING DATE: SEPTEMBER 6, 2006 REVIEWED BY: SA ..... ... ............. ..... ..... PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: General Plan: Zoning: Subdivision: Current Use: Owners: Applicant: Date Complete: BACKGROUND 40 Monterey Drive 034-394-04 30602 10,847 square feet Medium Density Residential RPD (Cypress Hollow Precise Development Plan, PD #45) Cypress Hollow (Lot 36) Single-Family Residential Nasser Kashefi Mohamad Sadrieh July 21, 2006 This application proposes an amendment to a precise development plan (the Cypress Hollow Precise Development Plan) for property located at 40 Monterey Drive. The applicants wish to increase the maximum floor area permitted for this lot, which is currently developed with a single-family home. On August 9,2006, the Planning Commission adopted Resolution No. 2006-19 (Exhibit 4) recommending to the Town Council that the Precise Development Plan amendment be approved. PROJECT DESCRIPTION The Cypress Hollow Precise Development Plan currently limits each parcel to a maximum floor area of 30.00/0 of the lot size. The applicants propose to amend the text of the precise plan to allow a floor area ratio of 35.20/0 for this property. The single-family residence on this property was originally constructed with a floor area of 3,213 square feet (29.60/0 floor area). The property owners wish to convert undeveloped space within the existing mass and bulk of the house, beneath the garage, into a 605 square foot playroom adjacent to the upper floor level of the house. The proposed addition would increase the floor Town of Tiburon STAFF REPORT . I ." ~9t D!Ju ". 0- ~~6: /JC"o-'~~"o. .' Riv/A I~(.' ~. , . . ... ...... ...... ..... ..... ........ ..... ..... ..... ... area of the house to 3,818 square feet, resulting on a floor area ratio of 35.20/0. As the resulting floor area ratio is in excess of the 30.00/0 maximum floor area permitted for this property, the applicants are requesting to amend the Cypress Hollow Precise Development Plan to increase the maximum permitted floor area for this property to 35.20/0. HISTORY The Cypress Hollow Precise Development Plan was originally approved in 1988 by the Marin County Board of Supervisors. County Resolution No. 88-252 (the relevant portion of which is attached as Exhibit 3), which currently governs this precise development plan, states that the floor area ratio for each parcel"shall be a maximum of 300/0." This subdivision was annexed into Tiburon in 1999. These house size limitations in the Cypress Hollow Precise Development Plan were established prior to annexation into Tiburon, and prior to the Town's adoption of Floor Area Ratio (F.A.R.) limits in all residential zones. House size limits were placed on certain precise plans in both the County and in Tiburon in the early 1980's, as a precursor to current floor area limitations. Current practice for the Town of Tiburon is that all precise development plan approvals specify floor area limits on all lots within a development. For comparison purposes, under the Town's current "defaulf' F.A.R. standards, adopted in 1990, the subject property would be allowed a maximum floor area of 3,050 square feet, plus an additional 600 square feet for garage space. The floor area ratio provided under the Cypress Hollow Precise Development Plan would allow 3,149 square feet of floor area for this property. The 3,531 square foot total floor area requested by this amendment would exceed the Cypress Hollow floor area ratio by 382 square feet, and would exceed the Tiburon default floor area ratio by 481 square feet. Six requests have been approved since 2000 to amend the Cypress Hollow Precise Development Plan to increase the maximum allowable floor area for the properties located at 70 Monterey Drive, 170 Rancho Drive, 70 Cypress Hollow Drive, 120 Rancho Drive, 50 Monterey Drive and 20 Baccharis Place. The previOUS approvals included qualifying language noting that special circumstances were considered in the approval of the requests, including findings that additions were located within the existing walls of the houses, and did not result in any increase in mass and bulk to the existing residences which could impact nearby property owners; that the additions would not increase the intensity of use of the residence; that the additional floor area requested by these applications did not significantly exceed the maximum floor area currently permitted by the Cypress Hollow Precise Development Plan; and/or that the requests had been evaluated by the potentially affected neighboring property owners, who raised no objections to these applications. ANAL YSIS All of the proposed floor area requested in this application would be situated within previously undeveloped areas beneath the originally constructed house, and would not involve any exterior expansion to the walls of the residence. Several windows proposed for the exterior of the play September 6, 2006 page 2 of 4 Town of Tiburon STAFF REPORT . I .~ ~9lll!J& ~. 0- ~:...,*::~ - 1* ~:-5 ~~, r;;~;'~0J .; ~^,iA \~(.- '. , . . ..... ..... ........... ..... ... ...... ...... ...... ....... room would face into landscaped side yards of the site, and would be minimally visible from neighboring homes on either side of the subject property. The proposed playroom would include a chimney and what appears to be a wet bar. Concerns were raised during the review of the prior amendments to the Cypress Hollow Precise Development Plan that these requests could set a precedent for other floor area increases in the subdivision. The contentious history of the development of this subdivision was also noted, and concerns were raised that these additions would constitute a "back door" approach to achieving additional floor area beyond the limits specified within the Cypress Hollow Precise Development Plan. As noted above, previous approvals included qualifying language noting that special circumstances were considered in the approval of the requests, including findings that additions were located within the existing walls of the houses, and did not result in any increase in mass and bulk to the existing residences which could impact nearby property owners; that the additions would not increase the intensity of use of the residence; that the additional floor area requested by these applications did not significantly exceed the maximum floor area currently pennitted by the Cypress Hollow Precise Development Plan; and/or that the requests had been evaluated by the potentially affected neighboring property owners, who raised no objections to these applications. The proposed application would be generally consistent with the findings mentioned as part of the approvals of prior amendments to the Cypress Hollow Precise Development Plan. The proposed playroom would be contained within the existing exterior walls of the residence and is not opposed by nearby property owners. A playroom would not likely increase the intensity of use of the house in the same manner that additional bedrooms would; the previous request to add a playroom only without any additional bedrooms for the adjacent home at 50 Monterey Drive was viewed as a means to increase the amenities of that dwelling without necessarily increasing the intensity of its use. The proposed addition would exceed the maximum floor area currently permitted by the Cypress Hollow Precise Development Plan by 564 square feet and would exceed the default Tiburon floor area ratio for a lot of this size by 733 square feet. Again, the amount of living space in excess of the default floor area ratio would be similar to the 481 square foot overage approved for the neighboring residence at 50 Monterey Drive. If approved, Staff recommends that a statement be recorded against this property identical to that recorded for 50 Monterey Drive, requiring that "no bathroom, bedroom or kitchen be constructed within the area approved under this application" to discourage future improvements that would increase the intensity of use of the residence. REVIEW BY THE PLANNING COMMISSION The Planning Commission held a public hearing on this application at its August 9, 2006 meeting. The Planning Commission voted 4-1 to recommend the application for approval as submitted, finding that it was in confonnance with prior guidelines established for such amendments in the Cypress Hollow Subdivision, particularly with the adjacent home at 50 Monterey Drive. There was no opposition to the application. September 6, 2006 page 3 of 4 STAFF REPORT Town of Tiburon ENVIRONMENTAL REVIEW Staff has made a preliminary determination that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEOA Guidelines. RECOMMENDATION Staff recommends that the Town Council: . Hold a public hearing on this item . Adopt the draft resolution (Exhibit 2) approving the application EXHIBITS 1. Application form 2. Draft resolution 3. Marin County Board of Supervisors Resolution No. 88-252 4. Planning Commission Resolution No. 2006-19 5. Submitted plans September 6, 2006 page 4 of 4 EXHIBIT NO. TOWN OF TIBURON r~ [E ~[E ~ VI [~ ron~~l LAND DEVELOPMENT APPLlCATI IN.) JiiL 6 _ l~ TYPE OF APPLICA TIQN PLANNING DIVT~ TOWN OF TIBUI~ON o Tentative Subdivision ap o o o o o o Conditional Use Permit '0"""Precise Development Plan o Conceptual Master Plan o Rezoning/Prezoning o Zoning Text Amendment o General Plan Amendment o Design Review (ORB) o Design Review (Staff level) o Variance o Sign Permit o Tree Permit o Underground Waiver Final Subdivision Map Parcel Map lot line Adjustment Certificate of Compliance Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: 4 () AJDf..t~ -~ ()~ ~ \J-t:- PROPERTY SIZE: 10.1 2> 4-7 ~, f PARCEL NUMBER: o~q...-~-"4- -~4- ZONING: OWNER OF PROPERTY: MJZ. . + K,..c;. ......lA. c;.47~ ~C7~~\ MAILING ADDRESS: ~ MOH.T"e..~~~ Avl!!. . CITY /ST A TE/ZIP: ~ ~"~N.#' C ~ ' ~ 4-) Z-o PHONE NUMBER: FAX APPLICANT: (Other than Property Owner) ---1:1:".oH,A..tA.A 0 ~Ar.:>~\~ MAILING ADDRESS: \ Q J\,~ II ~o - ~ U l,....p, ~. CITY/STATE/ZIP: ~AlD~A~"T'O... C-A. Cl'J t.i 0) Co-C;- PHONE NUMBER: 4-\ C;; - '?~ \ -tt:::::>~' 0 FAX 4--1 ~ - ~~ 1- ~ I t;. ~ ARCHITECT/DESIGNER/ENGINEER: c::;, A,....,.... ~c:.- A ~~~ ~ MAILING ADDRESS: CITY/STATE/ZIP: PHONE NUMBER: FAX Please i"dicate with an asterisk (*) persons to whom correspondence should be sellt. . BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): .J1;.vELDf~j ~p ~ ~A~f:- ~ UHt?'E..E.- -n+e- ~FUZ.ACtfE.-' I,' the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Ordinances, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible f~r defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the, Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorneys fees that might result from the th ird party challenge. Signature: h ~ 11 ; u4tl i( ~ h ~ Date: :r1A.~ 512 fX) It:> (If other than owner, must have letter from owner) . .... P'pqN}?t,.'WR(t;6a~fbwdllf~,1J{Nc~ ...., ...... , p ,..,."......".....,',.',.:.,...:.:......,'..::,i:~,F:~~~!M~~:r~y::~~p~~~~~~~jiINFOR~~],I~~:.....,.'.::L..L,.":...,. ... .".. ... ".. ApplicatIOn No~~a~ t;r~'" '."..:...' " np'ppppp' .;,:.'/,/>.:.,. ::.!i:l:i:;:m!,:Hp~~~!I~~~()$i~:~E:~f.l.~~'.. 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Receipt# p ZJB ~ ~ . ... . .. ... . . ... ..,~=.~.. \.......i...~~~,...~........~~....'...i...;j~:.... ... AttingBody: . Ac~j()hi:"'.. . . P~*13:P" I ,. . .... . . .. . . -. . ..' . .,....... . ., .', .. -...... .. ..-. .Re~dlutIQhOt.'dt<:Ji hanced!:.,. .,.,.... " .. .-. ._,., ... .... . .' . - ,., . ....,. . .. Conditions of ^pproVal&rHCdn1m~hts:. ....' " .1c;iW.bl. . . iia.9(liii RECORDING REQUESTED RETURN TO: TOWN CLERK TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. (Draft)-2006 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PO #45) FOR PROPERTY LOCATED AT 40 MONTEREY DRIVE ASSESSOR PARCEL NO. 034-394-04 Section 1 . Findinas. WHEREAS, the Town of Tiburon has received and considered an application filed by Nasser Kashefi to amend the Cypress Hollow Precise Development Plan (PO #45) to increase the maximum floor area permitted for Lot 36 of the Cypress Hollow Subdivision, located at 40 Monterey Drive; and WHEREAS, the Precise Development Plan application consists of File #30602, on file with the Town of Tiburon Community Development Department. Materials from that application include but are not limited to the following: 1 . Land Development Application form and project description, dated July 6, 2006; and 2. Project plans (7 sheets) prepared by Mohamad Sadrieh, dated July 6, 2006. WHEREAS, on August 9, 2006 the Planning Commission held a public hearing to consider the approval of this application to amend the Cypress Hollow Precise Development Plan; and WHEREAS, after receiving public testimony and considering the application at that hearing, the Planning Commission adopted Resolution No. 2006-19 recommending to the Town Council that the Precise Development Plan Amendment be approved; and WHEREAS, on September 6, 2006, the Town Council held a public hearing on this application and after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise development plan amendment to increase the maximum floor area permitted for the property located at 40 Monterey Drive would be consistent with the overall intention of the Cypress Hollow Precise Development Plan and the policies contained within the Land Use Element of the Tiburon General Plan; and WHEREAS, the Town Council has found that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CECA Guidelines. TIBURON TOWN COUNCIL RESOLUTION NO. (Draft)~2006 SEPTEMBER 6, 2006 1 EXHIBIT NO. Z NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the Cypress Hollow Precise Development Plan, subject to the following conditions: 1. Condition of Approval No. 3 (C) of Marin County Board of Supervisors Resolution No. 88-252 shall be amended to read as follows: "The FAR shall be a maximum of 30%; except that greater area is permitted for the following lots: a. Lot 33 (70 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 10/1/99, prepared by Marshall Balfe (4 sheets); b. Lot 16 (170 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/4/2000, prepared by Mahoney Architects (4 sheets); c. Lot 7 (70 Cypress Hollow Drive), as generally depicted on drawings dated 4/18/2001, prepared by Geoffrey Butler Architect (6 sheets), approving the garage conversion and limiting the deck enclosure so that the total floor area of the house does not exceed the Town of Tiburon default floor area ratio for this property; d. Lot 11 (120 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 9/1412002, prepared by Marshal Balfe (6 sheets); e. Lot 35 (50 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/28/2004, prepared by Richard Esteb (5 sheets); f. Lot 26 (20 Baccharis Place) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 11/1/2005, prepared by Richard Esteb (6 sheets); g. Lot 36 (40 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 7/6/2006, prepared by Mohamad Sadrieh (7 sheets)." 2. Prior to issuance of a buijding permit, a statement shall be recorded against this property requiring that no bathroom, bedroom or kitchen may be constructed within the area approved under this application. 3. This approval shall in no way alter other provisions of the Cypress Hollow Precise Development Plan not specifically described herein. TIBURON TOWN COUNCIL RESOLUTION NO, (Draft)-2006 SEPTEMBER 6, 2006 2 EXHIBIT NO. 'Z- PASSED AND ADOPTED at a regular meeting of the Town Council on September 6, 2006, by the following vote: AYES: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSENT: ATTEST: DIANE CRANE IACOPI, TOWN CLERK TfBURON TOWN COUNCIL PAUL SMITH, MA VOR TOWN OF TIBURON RESOLUTION NO. (Draft)-2006 SEPTEMBER 6. 2006 EXHIBIT NO. 3 2- .1. ..LU..O:l V 1. u..u.uJ,.Ll....."'" ~ : (..II 1111 1111 "LL(..ILL"\"o.L)' \.A.Il.J.C;~I.C:;U &.U .! Case No. 140135 of :!:e Cali-r _ ~ shown by overstriking dLd the ( ~ J:-"VL a l.C; L-UC; I.CJ. ~. ... ~ Superior Court Lled .-,os by bold type. Stipulated Settlement 11/30/88. The deletic MARIN COUNTY BOARD OF SUPERVlSORS R ESO L UTION NO. 88-252 A RESOLUTION GRANTING THE APPEAL OF THE CYPRESS HOLLOW PARTNERSHIP AND APPROVING THE CYPRESS HOLLOW DEVELOPMENT PLAN AND VESTING TENT A TIVE MAP FOR ASSESSORS PAR,CELNOS. 34-153-15, 34-012-34, 35, ~7 and 51. * * * * * * * * * * * * * * * 1. WHEREAS on August 15, 1988 the Marin County Planning Co~rnission voted to recommend that the Board of Supervisors approve with conditions the Cypress Hollow Master Plan and voted to approve the Cypress Hollow Development Plan and Vesting Tentative Map; and ' TI. WHEREAS on August 23, 1988 the Marin County Board of Supervisors certified the Cypress Hollow Environmental Impact Report and approved the Cypress Hollow Master Plan with several changes to the conditions as recommended by the Planning Commission; and III. VJ}1'EREAS the Cypress Hollow, a California limited partnership, filed a timely appeal on August 25, 1988 requesting that the Board of Supervisors amend the approval of the Cypress Hollow Development Plan/Vesting Tentative Map to bring it into conformance with the Cypress HoI'Iow Master Plan as approved by the Board of Supervisors; and IV. \VHEREAS the Board of Supervisors held a duly noticed public hearing on September 13, 1988 to consider the appeal by Cypress Hollow; and v. \VHEREAS the Board of Supervisors, after conducting a public hearing and considering the administrative record concurs in the following findings made by the Planning Commission: a. that, based on the recommended Draft EIR, the proposed project incorporates all necessary enyironmental mitigations in the modifications 'and conditions contained herein and meets all the County's public health and safety standards for design, and it will not have a significant effect on the environment or substantially or avoidably injure wildlife or their habitat, and will not cause public health or saf ety problems; and b. that, based on the modification~ and conditions contained herein, the Development Plan and Vesting Tentative Map are in substantial accordance with the Master Plan as recommended to the Board of Supervisors; and c. that the proposed project, with the modifications and conditions contained herein, is consis~ent with the policies ot. the Marin Countywide Plan, particularly Housing . Policy A-3, Transportation Policy B-3, and the Urban Services Area Policies, and the Visual Quality policies with respect to Wooded Hillsides given the proposed mitigations of removing one lot, reconfiguring building envelopes to move development away from the retained eucalyptus trees, the increased clustering of the house sites, a reforestation program for the designated non-development portions of upslope lots, and the retention of several significant tree specimens by reconf iguring the lots along Rancho Drive; and EXHIBIT NO._ . 3 p. {OF3 -1- envelope line. The maximum finish floor elevation of the second floor at the rear (east) wall shall not be greater than sh<;>wn below for the respective lots above finished grade: a) Fourteen feet (14') for Lots 10, 11, 14, 15 and 16; b) Sixteen feet (l6~ for'Lots 12,13, and 17; and c) Eighteen feet (18') for Lots 18,19,20, and 21. B. Buildin?; envelopes. The house structure, garage and all accessory buildings or structures shall be located entirely within the "building or development envelope" area defined for each lot, except that roof overhangs, chimneys, exterior balconies or ,similar architectural appendages may project two feet beyond the building envelope line. This shall not include any enclosed portion of the house structure. 'The building envelopes are approved as shown on Exhibit t!8!.!. "V" to the Master Plan with the following exception: "'1) For Lot 46 44, the development envelope setback from the northerly property line shall be increased to 30 feet. However, retaining walls may be placed outside the development envelope, to within 20 feet of the northerly property. boundary . -. c. Floor Area Ratio: The FAR shall be a maximum of 30%. D. Maximum Lot Coverage The ma:ximum lot coverage requirements are deleted. E. The buiJding envelopes shallbe shown on the final map, or recorded on the property through a separate iristrument. 4. All utilities within the subdivision and extended to the subdivision shall be underground. 5. Prior to recording the Final Map, the applicant shall submit proposed driveway maintenance agTeements for Lots 22, 23, 24, and for lots 41 40 through 45 44. Such agreements shall be subject to the review and approval of the Planning Department and Department of Public Works and shall be recorded with the Final Map. 6. A minimum of 4 off-street parking spaces shall be provided for Lots 22 to 24 and 40 to 45 44. While independently accessible spaces are preferred, two of the parking spaces may be proviqed as tandem spaces where independently accessible spaces cannot be provided without substantially constraining the house location arid design or causing extensive grading. 7. The change in paving and entrance design at Cypress Hollow Drive and Bay Vista Road as shown on Sfieet 8 6f Exl1fBi-E UAll the originally submitted Landscape Plan is expressly prohibited. 8. All conditions of Master Plan, Development Plan and Tentative Map approval shall be complied with prior to recordation of the final map, or, where appropriate, th-e required -4- EXHIBIT NO._~ _ p.'Zer ~ A. Where the average ground slope on any side of a structure exceeds 15 % , a three foot wide hard surface path shall be provided. B. Where the slope of a lot exceeds 30% , hard surface steps shall be provided. C. Spark arrestors shall be provided (opening not larger than 1/2 inch (iron mesh)). Tree branches shall.be kept 10 feet away from fire place chimney outlets. D. Provide smoke detectors. The detectors shall receive their primary power from the building wire (commercial source). E. Each house shall have the street address clearly posted in numbers that contrast to their backgrounds. F. Class A fire resistant roofing materials shall be used for all structures. Pacific Bell 28. A 10 foot \vide public utilities easement shall be provided within the proposed road rights- of-way. Iv1arin Municipal Water District 29. Prior to recordation of final map, the applicant shall enter into a pipeline extension easement with Marin Municipal Water District and' shall guarantee necessary project improvements and water service for all proposed residential lots. 30. Low flow water fixtures shall be utilized in all house construction. Richardson Bav Sanitarv District 31. Prior to recordation of Final Map, the applicant shall enter into an agreement with Richardson Bay Sanitary district to provide for the extension of the sanitary sewer facilities and provision of sewer connections for the Cypress Hollow Subdivision. PP ASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the County of 1vlarin, State of California, on the 13th day of September , 1981, by the following vote to- wit: ..; YES: Supervisors: Gary Giacomini, Bob Stockwell, Harold Brown, Al Aramburu NOES: Supervisors: None ABSENT: Supervisors: Bob Roumiguier~ ' ~. /') It - ( -~ .~' .~ '-~..~ ~ ' CHAIRMAN OF THE BOAR,D OF SUPERVISORS COUNTY OF MARIN ATTEST: ;f), t~/ /. ~ /1 ~~~~/ L.-c:c...-r:;, ~ Margaret Council Clerk of the Board :3 EXHIBIT NO. "'r f. .3 Dc-=- 3 RESOLUTION NO. 2006-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE CYPRESS HOLLOW PRECISE DEVELOPMENT PLAN (PD #45) FOR PROPERTY LOCATED AT 40 MONTEREY DRIVE ASSESSOR PARCEL NO. 034-394-04 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. Findinas. A. The Town has received and considered an application filed by Nasser Kashefi for an amendment to the Cypress Hollow Precise Development Plan to increase the maximum floor area permitted for Lot 36 of the Cypress Hollow Subdivision. The subject property is developed with existing single-family residence, and is commonly known as 40 Monterey Drive. The application consists of the following: 1. Application form, dated July 6, 2006 2. Site Plan, Floor Plans and Elevations, received July 6,2006 B. The Planning Commission held a duly-noticed public hearing on August 9, 2006, and heard and considered testimony from interested persons. C. The Planning Commission has found that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. D. The Planning Commission finds, based upon application materials and analysis presented in the August 9,2006 Staff Report, as well as visits to the site and testimony received from the applicant, that the project is consistent with the requirements of the Tiburon Zoning Ordinance regarding precise development plan amendments and is compatible with the overall intentions of the Cypress Hollow Precise Development Plan. The requested increase in floor area does not alter the visual mass and bulk of the existing home, and does not increase the number of bedrooms. E. The Planning Commission finds that the project is consistent with the goals and policies of the Tiburon General Plan. Policy LU-15 of the Land Use Element states that "remodels, tear-down/rebuilds, and new construction shall be compatible with the design, size, and scale of existing dwellings in the surrounding neighborhood." The proposed project would involve construction entirely within currently undeveloped space beneath the house in a manner similar to numerous other homes in the Cypress Hollow neighborhood. The minimal exterior changes proposed would be compatible with the design of other homes in the vicinity. F. The requested addition does not add to the mass and bulk of the existing house nor change the structure's relationship to the contours of the property. The structure is still consistent with the surrounding neighborhood and does not result in privacy concerns for nearby residences. This project therefore is not detrimental to the public health, safety or welfare. TIBURON PLANNING COMMISSION RESOLUTION NO. 2006-19 AUGUST 9, 2006 EXHIBIT NO.3- Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the amendment to the Cypress Hollow Precise Development Plan to the Town Council, subject to the following conditions: 1. Condition of Approval No.3 (C) of Marin County Board of Supervisors Resolution No. 88-252 shall be amended to read as follows: "The FAR shall be a maximum of 300/0; except that greater area is permitted for the following lots: a. Lot 33 (70 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 10/1/99, prepared by Marshall Balfe (4 sheets); b. Lot 16 (170 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/4/2000, prepared by Mahoney Architects (4 sheets); c. Lot 7 (70 Cypress Hollow Drive), as generally depicted on drawings dated 4/18/2001, prepared by Geoffrey Butler Architect (6 sheets), approving the garage conversion and limiting the deck enclosure so that the total floor area of the house does not exceed the Town of Tiburon default floor area ratio for this property; d. Lot 11 (120 Rancho Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 9/14/2002, prepared by Marshal Balfe (6 sheets); e. Lot 35 (50 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 1/28/2004, prepared by Richard Esteb (5 sheets); f. Lot 26 (20 Baccharis Place) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 11/8/2005, prepared by Richard Esteb (6 sheets); g. Lot 36 (40 Monterey Drive) if attained entirely within undeveloped space within the existing mass and bulk of the approved house, as generally depicted on drawings dated 7/6/2006, prepared by Mohamad Sadrieh (7 sheets)." 2. This approval shall in no way alter other provisions of the Cypress Hollow Precise Development Plan not specifically described herein. TIBURON PLANNING COMMISSION RESOLUTION NO, 2006-19 AUGUST 9, 2006 2 EXHIBIT NO.j 3. A statement shall be recorded against this property requiring that no bathroom, bedroom or kitchen may be constructed within the area approved under this application. PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on August 9, 2006, by the following vote: NOES: COMMISSIONERS: FRASER, AGUIRRE, COLLINS AND O'DONNELL COMMISSIONERS: KUNZWEILER AYES: ABSENT: COMMISSIONERS: NONE ATTEST: ~~ SCOTT ANDERSON, SECRETARY TIBURON PLANNING COMMISSION RESOLUTION NO. 2006-19 AUGUST 9, 2006 3 EXHIBIT NO.-L #1 Town of Tiburon MEMORANDUM ...... ..... ..... ..... ... ..... ..... ..... ........ FROM: MAYOR AND MEMBERS OF TOWN COUNCIL DANIEL M. WATROUS, PLANNING MANAGER TO: SUBJECT: WITHDRAWAL OF LING PRECISE DEVELOPMENT PLAN APPLICATION DATE: SEPTEMBER 6, 2006 . ... ...... ..... ..... ........ ....... ... ..... ..... ... A public hearing was scheduled for the September 6, 2006 Town Council to consider the merits of the Ling Precise Development Plan application to develop five lots on 5.6 acres located at the end of Stony Hill Road. On August 30,2006, the attomey representing the applicant submitted a letter withdrawing the application. The letter indicated that the applicant will be working on submitting a revised project application. The item will therefore not be heard at this meeting. Notices have been sent to surrounding properties owners regarding the withdrawal. No further action is required at this time. ATTACHMENT 1. Letter from Neil Sorensen, dated August 30, 2006 Rug 30 06 02:31p Lahart, L~nch L Sorensen 4154919515 p.2 o LAW OfFices OF 950 NORTI1GATE DRIVC, SUIT~ 107 SAN RAFAEL. CALI fO RN IA 9~ 903 WEB www.sorensenlaw.com NEIL SORENSEN TELEPHONE 1115 1:99-8600 FACSJ,...."LE ':151199-01':0 :/.\AI L neil@sorensenlow,com August 30, 2006 ~ ~~~::6~ ~ via FAX (fI\0'TIh! () D! \! IS iON Daniel M. Watrous Planning Manager TOVvTI ofTiburon 1505 Tiburon Blvd Tiburon, CA 94920 Re: Ling Precise Development Plan File No. 30302; AP# 55-261-10 Dear Mr. Watrous: On behalf of the applicant in this matter, this letter is our request that the Ling Precise Development Plan application be withdrawn. We intend to submit a redesigned plan shortly. Sincerel)'~'. f' -'.7 ,--7 . ,//" r' /;/~ ._'~ /''/'' ~ '[,[ / !/ NEIL SORENSEN NSfm b cc: Bill Leung, Esq. EHiott Grimshaw Ling 675.01 W:\lTous 03