Loading...
HomeMy WebLinkAboutTC Agd Pkt 2008-08-06 TOWN COUNCIL MINUTES c.c-/ CALL TO ORDER gular meeting of the Tiburon Town Council to order at 7:30 , in Town Council Chambers, 1505 Tiburon Boulevard, ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Collins, Gram, Fredericks ABSENT: COUNCILMEMBERS: Slavitz (excused) PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Associate Planner Tyler, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Diane Crane Iacopi At 6:45 p.m., prior to the regular meeting, the Town Council met in closed session to discuss the following: CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town ofTiburon v. Sylvia; Sylvia v. Town ofTiburon Wayne v. Town ofTiburon CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(b)) Claim of Robert Gilles ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION~ IF ANY Vice Mayor Fredericks said that no action was taken on the matters discussed. ORAL COMMUNICATIONS None. PRESENTATIONS · Sonoma Marin Area Rail Transit (SMART) - Charles McGlashan, Marin County Board of Supervisors, Diane Steinhauser, Transportation Authority of Marin; Lillian Hames, SMART (consideration of related resolution under Action Items) @Town Council Meeting #12-2008 July 16, 2008 Page 1 Vice Mayor Fredericks, who serves as the Town's representative to the Transportation Authority of Marin, said that a working group of TAM members had held six meetings and presented their findings to the executive board. She introduced Supervisor Charles McGlashan, who serves as the Chair of SMART, who noted that the Board of Supervisors had just today voted to place the [sales tax] measure on the November ballot. Supervisor McGlashan complimented Lillian Hames of SMART for her work on the project. He said the SMART Board had prepared a supplemental environmental impact report, ordinance and spending plan, which had been reviewed extensively. He also complemented Diane Steinhauser of the Transportation Authority of Marin for her work on a strategy for the plan, and the TAM Board members and working group for their "value added" work on the project. Lillian Hames (SMART) said that commuter rail is one of the fastest growing means of transportation. She cited the success of a light rail program in San Diego and Seattle. Ms. Hames said that the [Northwest Pacific] railroad right-of-way is currently in public ownership and can be upgraded. If approved, SMART could be operational in 2014. The train would go from Cloverdale to Larkspur which is 70 miles with 14 stations. Parallel to the tracks will be bike and pedestrian trails. The cost of the rail project will be $450 million and the bicycle and pedestrian pathways will cost $91 million. When asked about funding, Ms. Hames said they are looking at a 20-year sales tax measure, which was longer than they initially anticipated, but that upon advice of bond counsel, it would render a more favorable rate and proceeds for the project. She said the cost assumptions include sales tax revenue but the plan does not include any state transportation funding. Other items discussed by Ms. Hames included the following: · The Environmental Impact Report (EIR) has been reviewed and there is a supplemental EIR that includes new station sites. · They envision a citizen's advisory committee. · The differences in the lighter and heavier rail cars. · Cumulative impacts including horn noise and delays. · There is an operating agreement between NCR and SMART. · Improvements will be made to the rail and trestles. In response to a question from Councilmember Berger, she listed some points from opponents of the project which included concerns about cost, fear of freight being carried on the line, "NIMBYism", "dirty" diesel, and that the trains cannot be electrified. With regard to capacity, Ms. Hames said that a heavier car that is being considered has a "seated load" of 100 passengers, while a lighter car has a "seated load" of 130-137. Councilmember Gram asked about liability to the Town if the project stalled. Ms. Hames responded that Assembly Bill 2224 established SMART as a district and there would be no liability to other agencies. She said that SMART had a 10% contingency and could phase the project, if necessary, if there was no federal funding or if the contingency was depleted. In response to additional questions, she said connections to southern Marin would be at the transit center in downtown San Rafael. Ms. Hames also said that the cost of a ticket will be established by SMART and estimated it would cost $4.50 for the whole corridor. Councilmember Berger said that a water taxi that connected with the train would be a good connection in southern Marin. Draft-Town Council Meeting #12-2008 July 16,2008 Page 2 Ms. Hames also said that white papers had been prepared and would be distributed to all council members and city managers to facilitate answering questions. Diane Steinhauser, Executive Director of the Transit Authority of Marin (TAM), clarified two questions by stating that there had been efforts to improve access to SMART and that TAM is studying access to other forms of transportation. She said that an update of the Marin Transportation Plan is underway, whether SMART is approved or not. She said both the working group and TAM had looked at issues affecting the SMART plan. TAM also did an independent analysis of cost assumptions and agreed that they were in accordance with the funding sources. Ms. Steinhauser said that language had been adopted that day ensuring that both transit and transportation funds earmarked for TAM will not be taken by SMART. She said that it was feasible for them to move forward as planned. Ms. Steinhauser said that SMART needs to continue to share information with the public. She said that the TAM working group recognizes that there are still some issues outstanding. She encouraged SMART to continue their discussions; she said that SMART had been very responsive to the working group. Councilmember Collins asked if deck parking at Larkspur Landing had been considered. Ms. Steinhauser said that discussions were ongoing with the Golden Gate Transit District, as well as Larkspur City officials, about parking. She said that a parking area was under consideration that would require commuters to walk about the same distance they currently do from the ferry landing in San Francisco to the BART station at the Embarcadero. Councilmember Gram asked what the benefits of the SMART rail are to southern Marin. Ms. Steinhauser said that one benefit would be the delivery of passengers from the north end of the corridor to southern Marin for emplOYment, or a reverse commute situation. She also said that there is a strong case for "if you build it they will come." Councilmember Gram said that the parking problem had to be solved. Ms. Steinhauser said that the solutions would come in time and there needs to be more discussion regarding options. She agreed that Larkspur Landing does not have enough parking now. Lillian Hames said the benefits of a rail system include improved air quality, getting people out of their cars, recreational benefits, and less reliance on individual automobiles. She agreed that parking was an issue. She questioned whether pulling out housing for parking would be a solution; she said there were other alternatives being discussed; and stated that they were not in favor of building huge parking lots. Ms. Hames als.o said that other cities, such as Seattle, were building their second rail system and that it had been hugely successful. Supervisor McGlashan said that there were benefits to residents of southern Marin and that the southern Marin electorate had supported the last ballot measure in 2006. He said that they may look at a jitney service to the train, or other solutions. McGlashan also said that in 20 years, a large percentage of Marinites will work in Sonoma. Supervisor McGlashan thanked the Council for considering a resolution of support; he said that every year of delay increases the cost of the project about $40 million; he said they will continue to seek federal funds for the project, as well. Draft-Town Council Meeting #12-2008 July 16, 2008 Page 3 · Draft Update to the County-wide Bicycle/Pedestrian Master Plan - Eric Anderson, Alta Planning (consideration of plan will be on future agenda) Eric Anderson said the update of the County-wide Bicycle/Pedestrian Master Plan was required by the state every 5 years. He said that Alta Planning had been designated by TAM to do all of the updates. He also said that projects to be included in the plan would have community input by residents and interested groups. Mr. Anderson said that there had been three countywide meetings since 2006. He said there are three elements of the plan-policies, projects and programs. He briefly discussed some details of these elements. Associate Planner Tyler said the plan will be brought back for Council consideration when the EIR process is completed. CONSENT CALENDAR V ice Mayor Fredericks said Item 2 would be removed from the Consent Calendar for discussion. 1. Town Council Minutes - Adopted minutes of June 18, 2008 meeting (Town Clerk Crane Iacopi) 2. Neighborhood Permit Parking - Adopted resolution amending the existing Mar West area Residential Parking Permit Program (Chief of Police Cronin) - continued from June 18, 2008 3. Employee Contract - Approved Memorandum of Understanding between Town of Tiburon and Service Employees International Union (SEIU) and authorized Town Manager to execute agreement (Director of Administrative Services Bigall) 4. Biennial Conflict of Interest Code Review - Adopted resolution amending Town's Conflict of Interest Code to reflect changes in Town staff and addition of Parks, Open Space & Trails Commission (Town Clerk Crane Iacopi) 5. 2008-09 Fiscal Year Street Improvement Project - Approved proposed list of streets and authorized Town Manager to execute task order with CSG Consultants to prepare plans and specifications and to provide construction management (Director of Public Works/Town Engineer Nguyen) 6. Lyford Cove Underground District - Approved final paYment and settlement to Harris & Associates for services rendered (Director of Public Works/Town Engineer Nguyen) MOTION: Moved: Vote: . To adopt Consent Calendar Item Nos. 1, 3, 4, 5 and 6. Gram, seconded by Collins AYES: Unanimous ABSENT: Slavitz Item Removed from the Consent Calendar: 2. Neighborhood Permit Parking - Adopt resolution amending the existing Mar West area Residential Parking Permit Program (Chief of Police Cronin) - continued from June 18, 2008 Draft-Town Council Meeting #12-2008 July 16, 2008 Page 4 Chief Cronin said the only change was to the fee structure and the fees have been reduced. He said there was no change to the map or the fiscal report. Helen Lindqvist commented regarding the map that included her parcel on Cazadero Lane within the parking area program. She said Cazadero is a private road and objected to being included. At any rate, she said that there was no place to park there anyway. Director of Community Development Anderson said the map included properties which bordered on the parking area; he said that the map showed that these properties were eligible for permit parking. Town Manager Curran said that Ms. Lindqvist would not be negatively impacted by the inclusion of her property, rather, it presented an option to join the program. Ms. Lindqvist, speaking on behalf of the Lyford Cove/Old Tiburon Homeowners' Association, asked whether a portion of Mar West could be added to the parking permit program. She said that some residents in the vicinity of the Tiburon Peninsula Club often could not find parking because users of the club parked in front of their houses rather than in the TPC lot. Town Manager Curran said that the report and resolution did not seek to alter the existing parking program at this time. She said that staff had not evaluated extending the area and therefore could not address her question at this meeting. Ms. Lindqvist was advised to submit a proposal to alter the parking area if she so desired. MOTION: Moved: Vote: To adopt Consent Calendar Item No.2, as written. Berger, seconded by Gram AYES: Unanimous ABSENT: Slavitz ACTION ITEMS 1. Sonoma Marin Area Rail Transit (SMART) - Consider adoption of resolution in support of SMART measure on the November 4, 2008 ballot (Town Manager Curran) Vice Mayor Fredericks opened the item to public comment. Alan Bortel said that he was disappointed that completion of the project will be pushed out two years longer than previously anticipated. Supervisor McGlashan said that it would take five years to build the project and the extra time allows them to run the bonds at a favorable rate time. He said that due to narrow loss of the ballot measure in 2006, the project will cost $80 million more. Councilmember Collins said he sees the benefits of SMART in a reduction of greenhouse gas, as and that residents of Tiburon would benefit because there would be fewer cars going south. He said that he was happy to hear about shuttle services and thinks it can be done. Councilmember Berger said he was looking forward to riding the San Diego rail. He said that more effective connections made at Larkspur would be an attractive option but that he supported the concept overall. Supervisor McGlashan responded to Councilmember Gram, stating the Tiburon was the first town considering endorsement of the ballot measure; however, he said that all of the members of Draft-Town Council Meeting #12-2008 July 16, 2008 Page 5 the Mill Valley City Council had personally endorsed it. Ms. Steinhauser said that the Sausalito Council had heard a presentation the issue the night before, with a favorable response. Vice Mayor Fredericks said there would be positive long-term impacts, with more buses going to jobs and that Tiburon residents needed bus service, as well. She also said that the Marin County Visitor's Bureau wanted to capture some of the ridership of tourists going to the Sonoma and Napa Valleys. MOTION: To adopt a resolution in support of the SMART measure on the November 4, 2008 ballot. Berger, seconded by Collins AYES: Unanimous ABSENT: Slavitz Moved: Vote: PUBLIC HEARINGS 1. "Green Building" Ordinance - Consider introduction and first reading of ordinance adding Article vm (Green Building) to Chapter 16 of Town Code to establish Green Building requirements for new residential and non-residential projects and resolution establishing Green Rating System (Director of Community Development Anderson) Community Development Director Anderson reviewed the history of the proposed program and said that the program was refined and sent to the Planning Commission in June, where it was approved with a 3-1 vote. He said staff recommended "Build It Green" for residential development and that the numbers are achievable. Regarding commercial development, the costs would be based on LEED certification. The residential proposal has an incentive program and issues with the original LEEDS Program have been worked out. The fiscal impact is minor and staff has budgeted $5,000 for this fiscal year. Vice Mayor Fredericks opened the public hearing. There was no public comment. The Vice Mayor closed the public hearing. Councilmember Berger asked about the cost to the builders and homeowners. He said that 75 points is not trivial and that he believes builders in this community already employ green practices that bring them to or near the more common 60 points; requiring 75 points would be penalizing them for their current good practices. He was reluctant to jump 15 points above what other communities are doing without first trying the 60-point standard. He further recommended a change to the proposed process by having the Building Department do the "green" review at the time of permit rather than requiring an applicant to submit specifications at the design review level, which was too early for the applicant to make the decisions required by the green regulations. Director Ander,son responded that San Rafael's experience was that applicants needed to start thinking about these requirements very early in the process. Councilmember Gram suggested solving the issue by making it clear to applicants in the beginning but requiring them to meet the requisite numbers at the time of permit issuance. Councilmember Gram asked about the cost of having the "green guys" out for assessment of a project. Anderson said that it was about $1,000 for a new home (not a remodel). Vice Mayor Fredericks opined that an applicant might have to have them out twice, once at the beginning of the project, and again at permit time. Draft-Town Council Meeting #12-2008 July 16, 2008 Page 6 After further discussion, Vice Mayor Fredericks asked if the Council would be happy with lower points. Councilmember Collins said he would like to see some actual examples of different point systems. Councilmember Gram said he would like to hear form people with experience in the industry. Councilmember Berger said he wanted to hear from builders, as well. Director Anderson suggested continuing the first reading, but noted that if there were any substantive changes, the item would have to be returned to the Planning Commission for another reVIew. Vice Mayor Fredericks continued the public hearing to August 6,2008. 2. Cypress Hollow Landscape & Lighting District (LLD) - Consider renewal of assessment and adoption of resolution for fiscal year 2008-2009 (Director of Administrative Services Bigall) Council waived the staff report. Vice Mayor Fredericks opened the public hearing. There was no public comment. The Vice Mayor closed the public hearing. MOTION: Moved: Vote: To adopt the resolution renewing the Cypress Hollow LLD. Gram, seconded by Berger AYES: Unanimous ABSENT: Slavitz TOWN COUNCIL REPORTS Councilmember Berger commented about how nice the new street lights were and that he had received favorable feedback from residents that the uphill glare had been reduced. TOWN MANAGER'S REPORT Town Manager Curran said that appointments to the Design Review Committee will be on the August 6th agenda. She said that there were problems getting a quorum of the existing board. She announced that the Marin Clean Energy group will hold its next public forum in Tiburon on October 7th. WEEKLY DIGESTS · Town Council Weekly Digest - June 20, 2008 · Town Council Weekly Digest - June 27, 2008 · Town Council Weekly Digest - July 4,2008 · Town Council Weekly Digest - July 11, 2008 ADJOURNMENT · Adjourn in memory of long-time resident Fred Mantegani; Fire Captain Robert Confer, Tiburon Fire Protection District; & Deputy Chief Jeff Powers, Southern Marin Fire District. Draft-Town Council Meeting #12-2008 July 16, 2008 Page 7 There being no further business before the Town Council, Vice Mayor Fredericks adjourned the meeting at 9:50 p.m. after reading statements about the lives of the men for whom the meeting was being adjourned--Mr. Mantegani, Mr. Confer and Mr. Powers. ALICE FREDERICKS, VICE MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Draft-Town Council Meeting #12-2008 July 16, 2008 Page 8 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 6, 2008 Agenda Item: CC-~ STAFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: ~~ent Snmmary - June 2008 Reviewed By: BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities. ANAL YSIS The Town of Tiburon currently invests all idle funds for the Town and the Redevelopment Agency in the California Local Agency Investment Fund (LAIF). Below illustrates the funds on deposit with LA IF at month end, June 30, 2008: Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $19,501,913.18 2.8940/0 Liquid Investment Fund (LAIF) Redevelopment Agency Local Agency $1,054,893.92 2.8940/0 Liquid Investment Fund (LAIF) FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the June 2008 investment summary Exhibits: Prepared By: None Heidi Bigall, Director of Administrative Services TOWN OF TIBURON p:o 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 6, 2008 Agenda Item: CC - 3 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department S ubj ect: Authorize Budget Amendment for Preparation of Housing Element ~ Reviewed By: SUMMARY State law requires that the Town update its Housing Element every five years. The current cycle requires that the Town submit its updated Housing Element to the State by July 1,2009. The Town Council appropriated $25,000 in the FY 2008-2009 budget for this update. However, more stringent state rules governing Housing Element contents and site analysis have increased the cost of preparation beyond that envisioned by staff during the budget preparation cycle earlier this year. The current cost estimate for the Housing Element update is approximately $40,000. This figure does not include compliance with the California Environmental Quality Act (CEQA). Whether the Town is be able to declare a negative declaration or will be required to prepare an EIR for the Housing Element update will not be known until the draft element is well underway. The cost differential between the two documents would be substantial. Staff will likely be returning for an additional budget appropriation once the scope and estimated cost of required CEQA compliance is better known. FISCAL IMPACT Long-range planning efforts of this type are funded by a restricted reserve account, which currently contains sufficient funds to pay for the Housing Element update and anticipated CEQA work required for the update. There will be no impact on the Town's operating budget. RECOMMENDATION Authorize a budget amendment in the amount of$15,000 from the Long-Range Planning Reserve Fund for purposes of updating the Town's General Plan Housing Element. Prepared By: Scott Anderson, Director of Community DevelopmentcA TOWN OF TIBURON ..p:; 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 6, 2008 Agenda Item: c.c _I STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Authorize the Town Manager to Execute Two Task Orders With Harrison Engineering, Inc. Consultants In Amounts Not-To- Exceed $118,000 and $122,300 To Prepare Plans and Specifications and To Provide Construction Management For the Del Mar Safe Routes To School and Non-Motorized Transportation Pilot Projects Reviewed By: BACKGROUND Within the past year, staff applied for and was awarded two federal grants in the total amount of $752,165 to develop two separate projects. The projects are described below: a. The Del Mar Routes to School (SR2S) project includes repainting and painting ladder crosswalks along Tiburon Boulevard and those in the vicinity of Del Mar Middle School, and widening the sidewalk along A venida Miraflores in front of Del Mar Middle School. The Town received a 100% federally funded grant in the amount of$352,165 for engineering, design and construction of the project. b. The Non-Motorized Transportation Pilot (NTPP) program Paths, Lanes, and Steps project entails (1) rehabilitating the walking path at Lower Raccoon Lane from Centro West Street to Mar West Street and designing a ramp or steps at the north end; (2) rehabilitating the walking path at Cayford Drive and constructing a curb ramp at the west end; and (3) reconstructing a set of pedestrian steps and the walking path from Jefferson Drive to Reed R~ch Road along the existing alignment. The Town received a 100% federally funded grant in the amount of$350,000 for engineering, design and construction of the project. To provide the necessary engineering and support services, staff sought consultant support and undertook a request for proposal (RFP) process to identify an appropriate firm. Staff has received and reviewed two separate consulting proposals from Harrison Engineering, Inc., (not to be confused with Harris and Associates - a different firm) to provide environmental clearance, design, and construction management assistance for both the SR2S and NTPP federally funded projects. The proposals and engineering firm ideally suit the Town's needs. 'To\\ n C\)unctl \.lccting August 6, lc108 The funds needed are a greater proportion of the project than typical projects due to the nature of the federal grants which necessitates more oversight, reporting and archeological review. We believe there will be efficiencies that result from undertaking these projects in tandem that may lower costs in the end. FISCAL IMPACT Harrison Engineering, Inc, an engineering firm the Town has worked with successfully in the past, is prepared to assist the Town with both of these federally funded projects. They have provided competent proposals for both projects with fees not-to-exceed $118,000 for the Safe Routes to School project, and $122,300 for the Non-Motorized Transportation Pilot project. These are reasonable proposals which staff recommends. Although both projects will be receiving federal reimbursement for development and construction, these projects have been included in the 2008-2009 fiscal year Town budget to initiate the work. RECOMMENDA TION Staff recommends that the Town Council move to authorize the Town Manager to: a. Execute a task order with Harrison Engineering, Inc. in an amount not-to-exceed $118,000 to provide environmental clearance, design, and construction management assistance for the Del Mar Safe Routes to School project; and b. Execute a task order with Harrison Engineering, Inc. in an amount not-to-exceed $122,300 to provide environmental clearance, design, and construction management assistance for the Non-Motorized Transportation Pilot (NTPP) program Paths, Lanes, and Steps project. Prepared By: Laurie Tyler, Associate Planner Nicholas T. Nguyen, Director of Public Works/Town Engineer RtY\ Pagl' 2 TOWN OF TIBURON .p; 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 6, 2008 . Agenda Item: LC -'...~ STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Award the Pine Terrace Pedestrian Path Improvement Construction Project to Maxicrete, Inc. Reviewed By: ~ BACKGROUND On October 3 rd, 2007, the Council authorized staff to advertise and seek bids for the construction of the Pine Terrace Pedestrian Path Improvement project. Staff worked with Caltrans over the next seven months to acquire a highway encroachment permit since the site interfaces with Tiburon Boulevard. The project was subsequently posted and advertised as required by the Public Contract Code. In addition to the required advertising notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids were recently opened on July 25, 2008. The Town received four bids: . Maxicrete, Inc. in the amount of $164, 175, . W.R. Forde Associates in the amount of $184,990, . W.K. McLellan in amount of$194,088.50, and . Ghilotti Brothers, Inc. in the amount of $312, 130. The Engineer's Estimate was $209,000 for the project. Work will involve the improvement of the existing paved connection path including tree trimming, re-grading, a restored asphalt surface 5 feet wide, and handrails for ADA accessibility. It also includes the construction of a new access path to McKegney Green which will follow the general direction of the existing informal path and will be 4 feet wide with either a stabilized soil or mulch material surfacing. Staff has reviewed the bid proposals and found them to be consistent. The low bidder, Maxicrete, Inc., is a qualified contractor with a valid Contractor's License, and is responsive to the contract specifications with reasonable references. row n (() unc.il:vlcl'ting If the project is approved by Council, the following general timeline can be established: . Contract documents could be executed by the end of August. . A preconstruction meeting could be scheduled by mid September. . Construction could start by the end of September. . With twenty five (25) working days allocated for this project, the bulk of the work could be completed by early November, 2008. FISCAL IMPACT Based on the recent low bid and a 15 percent contingency for any approved unforeseen work, $188,801 will be needed to complete the project. Sufficient funds have been budgeted in this fiscal year. RECOMMENDATION Staff recommends that the Town Council: Approve the award of a construction contract for the Pine Terrace Pedestrian Path Improvement to Maxicrete, Inc. in the amount of $164,175, plus 15 percent for contingency, or $24,626. Exhibits: Bid Summary Sheet Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer r~l J\ Page 2 Town of Tiburon 2007 Pine Terrace Paths Rehabilitation Project Opinion of Probable Construction Cost Printed on: 7/30/20086:05 PM .~'"'''' "" ,',":~ ~ \i \ .ir. il . .iit .... 11(::< · .i. w !I:' I'I~ ~liii~i'l[l['jl['1r "... ..L Maxicrete Inc. WR Forde WK McLellan Ghilotti Bros 1 Mobilization LS 1 $10,000,00 $10,000,00 10,000.00 8,500.00 19,000.00 32,000,00 2 Clearing & Grubbing LS 1 $8,000,00 $8,000,00 15,500.00 40,000,00 10,000.00 41,500.00 3 Traffic Control and Construction Area Signs LS 1 $5,000.00 $5,000.00 5,000.00 3,500,00 3,000.00 8,000,00 4 Remove Chain Link Fence LF 100 $10,00 $1,000.00 1,250,00 500,00 700.00 500.00 5 Remove AC Dike LF 35 $10.00 $350.00 700.00 350.00 210,00 420.00 6 Roadside Signs and Relocate Roadside Signs EA 1 $250,00 $250,00 2,000,00 250.00 500,00 400.00 7 Excavation and Grading CY 80 $100.00 $8,000.00 12,800.00 24,000.00 21,600,00 40,000.00 8 Permanent Erosion Control LS 1 $2,000,00 $2,000.00 7,500,00 2,500.00 1,500,00 2,000,00 9 Aggregate Base CY 45 $60.00 $2,700.00 3,375.00 5,400,00 16,875,00 15,750.00 10 Asphalt Concrete TON 20 $150,00 $3,000.00 4,000,00 6,500,00 8,060,00 16,000.00 11 AC Wheel Guide and AC Dike LF 470 $15,00 $7,050,00 9,400,00 11,750,00 11,421.00 9,400,00 12 Color Coat AC SF 1,500 $4.00 $6,000.00 7,500,00 9,000.00 17,430.00 8,250.00 13 Resin Based Pavement SF 850 $10.00 $8,500,00 8,500,00 8,500.00 9,562.50 13,600.00 14 Steel Landscape Edging LF 260 $5.00 $1,300,00 2,600,00 2,600.00 4,290,00 5,200.00 15 Chain Link Fence LF 90 $25.00 $2,250,00 4,500,00 3,600.00 3,150,00 3,330.00 16 Interlocking Retaining Wall SF 350 $80,00 $28,000.00 26,250.00 22,750,00 27,300,00 29,750.00 17 Hand Railing LF 440 $200.00 $88,000.00 26,400,00 24,200.00 28,600.00 74,800.00 18 Square Steel Tubing LS 1 $300.00 $300.00 2,500,00 800.00 700,00 1,000.00 19 Concrete Pad SF 70 $15,00 $1,050,00 700,00 1,050,00 1,050.00 1,330,00 20 Concrete Curb LF 4 $35,00 $140.00 200.00 240,00 240.00 500,00 21 Barricade LS 1 $2,000,00 $2,000,00 2,500.00 1,500.00 1,500,00 1,900.00 22 Adjust Existing Structures to Grade EA 1 $300.00 $300.00 3,000,00 1,500,00 400,00 500.00 23 Archaeological Monitoring HOUR 40 $75,00 $3,000.00 4,000,00 3,000,00 3,000.00 3,200.00 24 Native American Monitoring HOUR 40 $55,00 $2,200.00 4,000.00 3,000,00 4,000.00 2,800.00 Subtotal = $190,390 $ 164,175.00 $ 184,990.00 $ 194,088.50 $ 312,130.00 15 % Contingency = $28,559 Path and File:S:\Public Works\Capitallmprovement Program\07 _Pine Terrace Path\BidSum_Pine Terrace Cost.xls Page 1/1 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 6, 2008 Agenda Item: CC - C STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation to approve Memorandum of Understanding with Point Tiburon Bayside Condominium Association regarding maintenance and irrigation of the parking lot and landscaping at Paradise Dr. and Mar West St. Reviewed By: ~. BACKGROUND When the Pt Tiburon Bayside condominiums were created, the developer was required to improve and deed to the town a piece of land at Mar West Street and Paradise Drive for public parking purposes. Improvements included an irrigation system, which is part of the larger system that serves the Association property. Responsibility for ongoing maintenance for the property is not spelled out in the original agreements, and has shifted over time between the Town and the Association. The Association approached the Town to seek clarification of the arrangement. The attached MOU proposes to split the responsibility for the maintenance of the parking lot between the Town and the Association. The Town will maintain the landscaping, including keeping the trees trimmed to a reasonable height, and will fix broken sprinkler heads and other surface aspects of the irrigation system that get damaged by public use. The Association will continue to irrigate the property, paying both for water and for major maintenance to the irrigation system. Either party may withdraw from the MOU upon proper notice to the other party. FINANCIAL IMPACT Staff believes it can resume maintenance of this small area without any incremental cost increase in staffing or supplies. RECOMMENDATION Staff recommends that the Town Council move to: 1. Approve the attached Memorandum of Understanding between the Town of Tiburon and the Point Tiburon Bayside Condominium Association. Exhibits: Prepared By: Memorandum of Understanding Peggy Curran, Town Manager "f' ()~lV J~; 1'..1 St} F{ (} f:l PAGE 1 Of MEMORANDUM OF UNDERSTANDING MAR WEST/PARADISEPARKINGLOT THIS MEMORANDUM OF UNDERSTANDING made and entered into this _ day of , 2008, by and between the TOWN OF TIBURON, a municipal corporation ("Town") and the PT. TIBURON BA YSIDE CONDOMINIUM ASSOCIATION, a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corporation Law ("Association"). RECIT ALS A. Approximately 25 years ago, the Innisfree Companies ("Developer") developed the Pt. Tiburon project in the Town. The project's subdivision improvement agreement ("Subdivision Agreement) required the Developer to construct a parking lot at the comer of Paradise Drive and Mar West Street ("Parking Lot"). The Subdivision Agreement is ambiguous as to the responsibility for maintaining the Parking Lot. B. Since project completion, the Association has provided water for irrigation purposes. For much of that time, including the last ten years, the Association has also maintained the landscaping of the Parking Lot. However, the Town maintained the landscaping of the Parking Lot for at least one extended period of years since project completion. C. The Association now contends that the Town may be responsible for maintaining the Parking Lot. The Town disputes this contention. Both parties wish to settle this controversy amicably and accordingly are entering into this agreement to share maintenance responsibilities without conceding responsibility for the Parking Lot in the absence of this agreement. AGREEMENT I. Scope of Town Duties. Town will maintain the landscaping and pavement of the Parking Lot except as otherwise provided herein. The Town's maintenance duties shall consist of keeping trees and other vegetation pruned in a reasonable manner and making minor repairs to the irrigation system. For purpose of this Memorandum, "minor repairs" shall mean the repair or replacement of the surface components of the irrigation system located on the Parking Lot. 2. Scope of Association Duties. The Association will supply water sufficient to the Parking Lot irrigation system to maintain the landscaping at its current level and shall be responsible for any non-minor repairs to the irrigation system. 3. Mutual Indemnities. The Town shall indemnify, defend and hold the Association harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by Town's negligent act or omission or willful misconduct in the performance of the Town's duties under this Memorandum. The Association shall indemnify, defend and hold the Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by Association's negligent act or omission or willful Mar West Pkg Lot, MOU 2008 1 misconduct in the performance of the Association's duties under this Memorandum. 4. Term of Contract Automatic Renewat Termination. This agreement shall have a one- year term and shall automatically renew for additional one year terms on the anniversary of its effective date unless either party gives the other party written notice of intent to terminate. The terminating party must give said notice no less than four months prior to the next anniversary date. 5. Implementation of MOD. The Town Manager shall be authorized to manage this MOD, including but not limited to interpretation and termination thereof. The Town Manager shall also have the authority to negotiation and execute amendments to this MOD provided that such amendments do not substantially increase the Town's obligations. 6. Miscellaneous. A. Governing Law. The laws of the State of California shall govern this Agreement. B. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. C. 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. D. Entire Agreement Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. PT. TIBURON BA YSIDE CONDOMINIUM ASSOCIATION TOWN OF TIBURON By: William L. Teiser Its: President By: Margaret A. Curran Its: Town Manager APPROVED AS TO FORM: Ann R. Danforth, Town Attorney Mar West Pkg Lot, MOU 2008 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 6, 2008 Agendaltem:cc -- r STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation to Approve a Resolution Urging the State Legislature to ~v' o.rr. owing Local Funds to Balance the State Budget . I A~) Reviewed By: '--C" BACKGROUND As a member of the Legislative Committee of the Marin County Council of Mayors and Councilmembers (MCCMC), Vice Mayor Fredericks is involved in monitoring state legislative issues that affect cities and towns. In that capacity, Vice Mayor Fredericks brought the proposed resolution on the state budget forward to the Town's Legislative Action Sub-Committee, which is comprised of Vice Mayor Fredericks and Mayor Slavitz. The Sub-Committee, in turn, has placed this item on the agenda for Town Council action. ANAL YSIS The state budget continues in a crisis mode. The state constitutional budget adoption deadline of July I has come and gone, yet there is no resolution of how the state will close the approximately $16 million budget gap. One of the strategies that has emerged is to balance the budget, at least in part, by borrowing funds from local governments. The attached resolution urges the State Legislature to avoid this short-sighted step and find more appropriate and lasting means of addressing the imbalance between revenues and expenditures at the state level. FINANCIAL IMPACT There is no impact associated with the passage of this Resolution per se. Should the Resolution prove useful as part of the overall strategy to deter the State Legislature from borrowing local funds, that outcome would be financially beneficial to Tiburon and cities throughout California. RECOMMENDATION The Legislative Action Sub-Committee and staff recommend that the Town Council: Move to approve the attached Resolution urging the State Legislature to avoid borrowing funds from local governments to balance the state budget. Exhibits: Resolution Prepared By: Peggy Curran, Town Manager TOWN OF TI8URON OF 1 RESOLUTION NO. XX-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OPPOSING STATE BUDGET ACTIONS THAT WOULD BORROW OR SEIZE LOCAL GOVERNMENT, REDEVELOPMENT AND TRANSPORTATION FUNDS WHEREAS, the State Legislature missed its Constitutional budget adoption deadline on July 1, 2008; and WHEREAS, both the Governor and the Legislative Budget Conference Committee have recommended balanced budgets without resorting to "loans" from or seizures of local government property tax, redevelopment tax increment and transportation sales tax funds; and WHEREAS, in 1952, the voters of California approved Article XVI, Section 16 of the California Constitution, providing for tax increment financing for community revitalization-but not for balancing the state budget; WHEREAS, in 2004, by an 84% margin, the voters of California approved another important measure, Proposition 1 A, that sent an unambiguous message to state leaders that they should cease the practice of taking local government funds to finance the state budget; and WHEREAS, in 2006, by a 77% margin, the voters of California approved Proposition 42, providing similar protections to transportation funding for state and local transportation projects, including important street maintenance and public transit programs; and WHEREAS, both ballot measures allow the Governor to declare a "severe state of fiscal hardship" and "borrow" these funds if they are repaid in three years with interest, WHEREAS, the Governor did declare such a "severe state of fiscal hardship" on January 10, 2008, making such borrowing permissible; and WHEREAS, "borrowing" such funds would only serve to deepen the state's structural deficit and cripple local government and transportation services; and WHEREAS, a "severe state of fiscal hardship" must be resolved by meaningful compromises by the Governor and State Legislature to balance the budget in a responsible and lasting manner; and Tiburon Town Council Resolution No. xx-2008 August 6, 2008 Page 1 of2 WHEREAS, the Legislature should balance the state budget with state revenues and respect the overwhelming judgment of voters by not using local property taxes, redevelopment tax increment and transportation sales tax funds to fund the day-to-day operating cost of state programs; and WHEREAS, city investments in infrastructure, affordable housing and basic public safety and other community services will create needed jobs and speed our economic recovery and should not be hampered by State seizure of local funding; NOW, THEREFORE, BE IT RESOLVED, that the Town of Tiburon hereby opposes efforts by state government to "borrow" or seize local tax funds, redevelopment tax increment and transportation sales tax funds by the state government to finance state operations. BE IT FURTHER RESOLVED, that the Mayor of Tiburon is hereby directed to sign this resolution and the Town Manager is directed to communicate the Tiburon Town Council's position on this matter to our State Legislature and the Governor. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on , 2008. AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. xx-2008 August 6, 2008 Page 2 of2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 6, 2008 Agenda Item: kI-1 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Appointments to Town Boards, Commissions and Committees ~ Reviewed By: BACKGROUND Since the beginning of the year, the Town Council has interviewed 28 candidates for vacancies on Town boards and commissions-Planning Commission, Design Review Board, Jt. Recreation, and the newly-formed POST (Parks, Open Space & Trails) Commission-and has appointed applicants to the following positions: Planning Commission, two vacancies (Cathy Frymier and John Corcoran); Design Review Board, two vacancies (Bryan Chong and Michael Tollini); POST Commission (Ralph Leighton, Peter Winkler, Mike McMullen, Jill Sperber, Phil Feldman); Marin Commission on Aging (Allan Bortel); and Library Agency Board of Directors (Mary Falk). These appointments created another vacancy on the Design Review Board, and the resignation of two members of the Jt. Recreation Committee resulted in the two existing vacancies on that board. Several of the applicants for the POST commission indicated their interest in other commissions, as well. One applicant from this group has been scheduled to interview with the Council tonight (see exhibit 1). Another POST applicant has subsequently applied for the Design Review Board (exhibit 2). The resumes of two other applicants with multiple interests are attached (exhibits 3 & 4). Another applicant, Matt Turley, expressed interest in the Recreation Committee but is unable to serve at this time. In summary, there are two remaining vacancies to be filled: one on the Design Review Board and two on the Jt. Recreation Committee. RECOMMENDATION Staff recommends that the Council consider the following actions: a) Interview the remaining applicant; b) Make appointments to fill the vacancies on Design Review Board and Jt. Recreation Committee from the pool of applicants; c) Direct staff to schedule second interviews with any of the previous applicants; d) Direct staff to continue to advertise and schedule interviews for one or all of these vacancies on the Design Review Board and Jt. Recreation Committee. '1'\l\\n C":nund! 6. 2C1US Exhibits: 1) Application of Jeff Foran; 2) E-mail/Application of Jackie Brown; 3) Application of Erin Tollini; 4) Application of Mark Cappell Prepared by: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON . . 1 S~ OF 1, .~ :;,,~ .~~ ,,<:::~~~ -. ~A'-::--~ ~Q'O .'.':.O~' ~'A \t'(.' ~ I · . COMMISSION. BOARD & COMMITTEE APPLICA TION The Town Council considers appointments to various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which Would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. The application form can also be found on the Town's website, www.ci.tiburon.ca.us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy OCcurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. @ ~~~~W~ fill UIJ MAY 1 4 2008 /1!) TOWN CLERK T0WN OF T/BURON )/I~~flcCY?f Diane Crane Iacopi Town Clerk *********************************************** AREAS OF INTEREST 3 PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY Please Indicate Your Area(s) of Interest In Nnmerical Order --r-, /'./ /-: (#1 Being tbe Greatest Interest) ,-) eft r~)V C "L / PARKS, OPEN SPACE & TRAILS 1... JT. RECREATION COMMITTEE DISASTER PREPAREDNESS MARIN COMMISSION ~ QU,I rs,f jUl-L,Jvt v I. - ('f1/v '/1., If {\j()/.tt t~j ~/vl( ,'~. -- 1 f.e __ S'''c~ l~>cC(,~ - [Y:--tLl t; II / PERSONAL DATA (PLEASE PRINT OR TYPE - A RESUME MAyaS ATtACHED AS WELL) NAME: c JoII d t (1/Err) s :2.... L 1/11 JJI h,</lAI J/I JT-1 AI //IE: / 176' CJILOAJ MAILING ADDRESS: TELEPHONE: Home: lf3S-~ 3 ~l/Work: 3( 7-S--cY s- tf Fax No. LfJ0 0 C' J' 7 PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) "/ DATE SUBMITTED: ,,",' ",.. ; ..:.;."::: ":':.-; ,:' _AS/ONSF()R~Et "tflitJ1/: ""L t.ll~/{ ro .fa. ye #;/ CdH/"{ t/rlI ,.r~ rt/-< 71( c;f,L' 1(4 toe f( j( Qtt)6 . 1/1/ TO CJ T /~o/ JlJe 6'/J LA /tl a? (A~ C l/L1'LI/l "'::; L; vj I./) {;, r;~/fI cc (( t:. cA6f) ({OA) a /Jc/J FI'4C$ 4M'l (16" /?/lyI'tCr! t.- A /Y'I!?"/(1~If/C2 doe ~;/' Co/tNt/PITY. ,r tJl!,1IT Tv I4-vJ'J.0 ,Af,.'?T '1';{(f ~4J~CC lCe(ffI~1 C/ll!eFvi.. '(tIOv(;'I{f.J"ZV,NlJ /1A./V/lJI.iV'< A,;tIV t04:.CC',tVC ::r;,~/1e~&J;41/r)/z! r vy!w~ lhS' /SLavn of ,R~)(1J~TI/Ji- f' Lt/,~/~8CII(}L Ll///,lI({ 1./17//' &I'&v J~ GET ~CL/lo.:J- T/'a-t,l /!/f,.ekJ,' f/! ,/flU 6-fc, /!? EUt,re t:F I4c /11//'1("11'- f~ ~~NT4L J,JI?U'-ij>t5'I/lJ~<- iT O/;'FCAI 1).111; /'.tf()t,'/~Ei 71 iT.I LITIZCN) ::::: ,.1."1 lJ ...r'1It.ATc6iI'7 6'y ~A?OI-::-LJ...JI()~ ///'P//lI~ r;-~,pOtS() /r'1/t1j ;'VI/'/l/I!6'iS~ /I &/!/i)/(.I) iT Y1/e4 rt;;','y' Ca.vft-<.-I/NC' N.A',,~ ~ .2-c.> Y&1tfs: :E /f.~I/.c VEl/at:) /'cJ /'~ t!ccfrCj' r;7! flA4 TCtY' UE"t/cltJ /~C/Y7 ,4.,rUl fV,( Cu,{/'o,/(fiTe VC{.:f,)//.rr' /frJ/(Jf(IA/C /?/ /-(-1'#4C;'c~.eNr (Qt1I,f'ul11/lJC C:X~{C/t)CE If' /!!,~t(C4,t?LC "10 {ht: ~c)~c1.l'rI8tLI1/CI or' (h? f;lvh' 'f L~Hlvfl)J/IL~[ IN 1/JE /6'4[/1 Q-::' /bJv/lkAlC 1o/6/,v//v6' ~/,-raCNT j/l/[(6)' /ldil :EJJTc/!. C"JTf' I "via Ld/4-'1 ()# /! c.e~C'&HC/V7J ~ A).J J/~ (..-=-c7/tJ.-1/. ---------------------------------------------- Town Hall Use ------------------------------------------------- Date .APPlication ReceiVi: ~ Interview Date: AppOinted to: ~r' ,-~r (Date) Date Term Expires: T.OWN CLERK TOWN OF J ItlUKUI\I Length of Term: 2 SDG f5) ~ ~ ~ ~ w ~. ~.. mJ MAY 1 4 Z008 1m Strategic Decisions Group · John F.(JefJ) Foran TOWN CLERK TOWN OF TIBURON Mr. Foran was a founder of SDG and of its strategy organization, and he has extensive experience in strategy formulation, corporate restructuring, corporate and asset valuation, mergers, new ventures, and operations improvements in several industries. He has served on the board of directors of several public and privately owned companies. Mr. Foran is a frequent lecturer on applications of decision science in strategy at major business schools in the United States and Europe. Currently, he is a consulting professor in the Management Science and Engineering Department of Stanford University teaching a graduate level course in corporate decision making. While at SDG, Mr. Foran held, at various times, the positions of Chief Financial Officer, Co-CEO and was the founder of several of the firm's practice areas. He opened the firm's Boston office, managed the acquisition of the firm that initiated the firm's New York office and was a member of the firm's Executive Committee and a member of its Board of Directors. His consulting work covered hundreds of Global 1000 companies across several industries on key strategic decisions facing the organizations. He represented several companies in negotiating acquisitions, in selecting CEOs and COOS and in spinning off assets. He developed the methodology for evaluating and designing the structure of bank. and insurance assets to be securitized and sold in public markets. The methodology called the "Good-Bad Bank." enabled billions of dollars of illiquid assets to be converted to cash for several banks and insurance companies. · He has testified as an expert witness before legislative and regulatory bodies in several states and the national government on matters of pricing, market concentrations, fair asset value, business interruption and rate of return on capital. The testimonies involved quantitative analysis of the impact of public policy or corporate actions on consumers and/or investors. · In addition to being one of the original founders of SDG, he founded also Resource Planning Associates, an energy and environmental consulting firm, and he is one of the original founders of the Decision Education Foundation which focuses on the logic and discipline of good decision making as a life skill for high school students. For the past six years, Mr. Foran has been a member of the Board of Directors of Save the Children. Currently, he is a Fellow of the Decision and Ethics center at Stanford University and is on the board of directors of three software companies. Before founding Strategic Decisions Group, Mr. Foran worked with US Departments of Defense, the US Army, and the US Navy. In this work, he analyzed weapon systems to assist in the choice of systems and assisted in the logistics of transport and support of weapon systems, materiel, and armed forces around the world. Mr. Foran received an MBA from the Wharton School of Finance and Commerce at the University of Pennsylvania, where he held a Wharton Fellowship in Public Finance, and a BA in economics from Middlebury College. Diane Crane lacopi From: Sent: To: Subject: jackie brown Dacquilyn@hotmail.com] Thursday, July 03, 2008 5:04 PM Diane Crane lacopi Design Review Board Diane, Could you please put my resume that is still on file there, in for the vacancy on the Design Review Board. Thank you, Jackie Brown 1 C' . l to I"~ 2 1 ej--' vi ( I ( - -RECEIVED I MAY 2 2 2008 I TOWN CLERK TOWN OF TIBURON Instructions and Application to Serve on a Town Boardlt Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AREAS OF INTEREST # #X # # # Please Indicate Your Area(s) oflnterest in Numerical Order (#1 Being the Greatest Interest) (~ _) PLANNING - # X PARKS & OPEN SPACE I OJ I DESIGN REVIEW # RECREATION HERITAGE & ARTS # DISASTER PREPAREDNESS LIBRARY # MARIN COMMISSION ON AGING IKfT'T......T..... ~l?ft~~THTAT.f .u 1 IJOlty C0filJ.\1111EE 1 ---:/ ~..~ L !< ( (: /l vi); Z-fA. ~ l PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, ifnecessary. NAME: 0ackle Brown MAILING ADDRESS: TELEPHONE: Home: q3~-J05"~ 13 Marsh Road, Tiburon 94920 W k cell 4327440 or : Fax No. <# Here> PROPERTY OWNERS' ASSOC. (If applicable) <E1Ltcr IIcrc>pr: Td'.Juron/fVla.rSh H61-\ , TIBURON RESIDENT: (Years) 5 YRS. DATE SUBMITTED: May 23,2008 REASONS FOR SELECTING YOUR AREAS OF INTEREST I enjoy good design within the community. I love and enjoy the open spaces of the Tiburon area. APPLICABLE QUALIFICATIONS AND EXPERIENCE I studied interior architecture in grad school, and have done and enjoyed doing some interior design work. I use the bike and hiking trails, and one of the reasons I bought my condo is that I look out at a hillside with Old St. Hilarys, that is not completely built out. ----------------------------------------------1rovvn lIall 1Jse ------------------------------------------------- Date Applicati9n Received: .r1,zL/Of' I Interview Date: &:.- I j:-:_- (,/ {~/ Appointed to: (Commission, Board or Committee) (Date) Date 1rerm Expires: Length of 1rerm: 2 13 Marsh Road Tiburon, CA 94920 jacquilyn@hotmail.com /.ArE ,1 (/JI L - j t'r /2,,"(//~:)(.4.lr fD) ~ ~ ~ ~ W ~ ~ ref f' mJ JUN 1 7 2008 W?ojT TOWN CLERK LV hLf~-~~5-3Itj5'goN ;1/1 /L !/itr,j cell: 415-342-7440 JACKIE BROWN OPIAT Highly organized and multi-faceted double-certified Event Planner with outstanding experience working with the u.s. Consulate and Secret Service Areas of Expertise . Marketing . Sales . Advertising . Major Event Planning . Wedding Planning . Festivals & Parades . Logistics . Training . Corporate Sponsorships Relevant Experience FRENCHLINKS, EVENTS & COMPANY - Paris, Prance US Sales Associate 2007 - Present BEL VEDERE- TIBURON LANDMARKS SOCIETY - California, USA 2000 - 2002 Wedding Planner and Event Coordinator handling approximately 40 weddings and catered formal affairs per year in two historical and elegant settings. TIBURON CHAMBER OF COMMERCE - CA 1998 - 2002 Marketing and Event Planner . Planned lunches, parties, and meetings, hired speakers, and organized city parades on behalf of a local business association with approximately 400 members. · Planned the city's first holiday parade, the Tiburon Christmas Parade, securing sponsors, handling marketing, writing press releases, generating media publicity, and increasing tourism. · Assisted with organizing the Tiburon Wine Festival, working with 40 wineries and 15 restaurants. · Rejuvenated website design and maintained event and member listings. PROFESSIONAL PLANNING - Hong Kong, Singapore, Indonesia 1976 - 2000 President and Founder of an event planning company. · Worked with Presidents and CEOs of major corporations to coordinate board meetings throughout Asia, choosing menus, selecting locations, chartering planes, and planning entertainment. · Arranged and accompanied tour groups visiting Europe and Asia. Civic Involvement US CONSULATE - Sydney, Australia 1990 -1996 Fundraising Coordinator · Set up the counseling service that prepares foreign students attending U.S. Universities. · Initiated private funding for the counseling center in the state department, securing computer donations and scholarships from AT&T. . Visited by Presidents George H. Bush and Bill Clinton during tenure. JACKIE BROWN jacquilyn@hotmail.com Page two Civic Involvement (continued) AMERICAN SOCIETY - Sydney, Australia 1986 - 1996 Vice President of a non-profit organization with approximately 300 members celebrating American culture. · Planned holiday-themed garties and events celebrating US food and culture, including Thanksgiving Dinners, 4 of July BBQs, and Christmas Black Tie Affairs. · Coordinated fundraisers and ranked #1 for monies and goods solicited. · Oversaw the Ball thrown in honor of Vice President Gore during a visit to Australia; working with the Secret Service to secure the premises. Training and Development Certified Wedding Planner - University of California at San Diego · 2001 International Event Planner - University of California at San Diego · 2001 Recent Volunteer Work AMERICAN HOSPITAL - Paris Receptionist and Patient Greeter 2007 CASA - Marin County, CA Court Appointed Special Advocate for Children 2001 Professional Affiliations ROTARY INTERNATIONAL · Member, Tiburon Sunset Rotary Club 1999 - Present WORLD WINGS INTERNATIONAL A worldwide charitable organization comprised of former PanAm Flight Attendants · President of the Paris Chapter, Event Planner (annual convention) · President of the London Chapter, Event Planner (annual Convention) 1981- Present 2005 - 2007 1982 -1985 Interests Cooking · Alpine Skiing · Sailing Education UNIVERSITY OF CALIFORNIA - San Jose Bachelor of Arts in Liberal Studies UNIVERSITY OF TEXAS Graduate work in Interior Architecture I '. , ..' "r2~~ '~.' .. '. ~ I ... ~~. .' I, " ,. ,~"~~ >O"'~c1Ki,'l" ."~~t'OWN~OF,,.t1B.9N~,,::'..\.:>. "~L..-~,~~, ;.;\~r,~~~~,t~~~!j!~';c':,,~, . ;j" . ;~., "i'( ; . "U.LJ~ ~tJtl';>">'~I;fl" .., ,.; ...~\" .14'~~-.<ti4"j ",:'f'-" '.' "J,~-.:.,;:"i!,'r'_'J""".'" "".'." :jor",.~" ......",. :,;, ':'C,' ,J. :"t'~f::':t:-~;c~,;~~~~ir.,;'''"'..'''' "-- ":~- ~. .,", ,\". ,. "'-M'," ,...w... .... .' ," , . " . . ,: \- ' ~ ~ , fr,r.' . . i , ,,~ ~...-:~, '. .~, .~~,.:'~\1.~..1i ~" }'~,. :_ .:, ;'. ~'r:.., ',. ,.:. ':- ~ . ~ ,,;' .' . l:"'" J..,: .~.. . '.,' 'L..-; . ~J,I" 1.. '.Y. ,. ~.~ ". ~.., :,' '~': . " . ,;'..-.. ,;,,,,,..i\;..~ .:....., ..... ~ 1~~11,.'" ." ~., _~...... "- . ,"'" ,;~ .'i:",.~ ,.Ii,<< ';, ,,'~~j,...:. ',} ',I' >',. ~:'Y'&":i:~.J,. . ',!..' .. .. to",~",'"" . . , - ,-.',: ,", "'~;;;,r,.... ". "" ,.. ' '~,,",;._'. ,.,~.~ :. ',..,,,... ,_." "". ~f.~~ ~~:!;~~~f .. - ,..~.".. ~,_.. ~.".-~ ...."... -, ... -' ,.,...,........(f1.,..............'lr~..._ ........ 'd'. --- . ..." "'-. .,'-. ... ',' ~i.."',:' ,'W'- :,'",,0' ,'ADDN'8P:MJJC~...,..n.. ',. "4~-"pg.~~" "'-""MAUI~,o.~G "'''0 . "'~'~.,..~.T~ ,-,'LANNING.. - '. ...' ".-..vmw ." ,.,.,~ItA__;.: ARTs UBRAIl'J,,~. :: .,. I j :.;;, ),:'. ~- , ... I, " 2y L'i~)-t. f 3 c NAME: PERSONAL DATA (PLEASE PRINT OR TYPE - A RESl,JMEMf\Y ae ATTACHED AS WELL) E~/~1 /0//',,[ t' MAILING ADDRESS: J fS 70 1/,5-/,;. ?,) 1./;51 5,"1-. { 7:6tRECEIVED TELEPHONE: Home: Cv-l;;t+s- Work: ')~"",<( Fax No. .A.-j;1 r MA~=Y~ J TOWN CLERK PROPERTY OWNERS' ASSOC. (If applicable) .A) I f I ~'BURON TIBURON RESIDENT: (Years) <</ ni(),\-(tlS DATE SUBMITTED: 515/(:-, ~> I,c /u('?", !eel It.:! T~ ,"a'l /;) r1 /if 0 t"Yl OA r;()L.' Y" a,..- '- J~'(" -At> {,(. I~ (.,.... ';:17:5) fedA .> '.-'( ~ c .~ c-/? C/? (;,,,,,,, /I-t I /-k:../ rl...d -12 <.( l-lr Ie' S' ht? r/f.' r-i' / 6(" let' (,,( a (-/~. s-S" /v A.;c L~{ f.-', :tOr r 5,' j U i }&z / tvi'-'A-{'~"( '~h"" t:. .f {.~'!U / k.... ,(.. ~~ a;~( ,'''''~(.:v,,'-ljj...i...~' ~ ----------------------------------------------1rovvn lIall 1Jse ------------------------------------------------- Date Application Received: ~ )=-01 Interview Date: ,:;;-:2/-- tJj/ Appointed to: (Date) Date Term Expires: Length of1rerm: 2 ERIN (RILEY) TOLLINI 1870 Vistazo West Street Tiburon, California 94920 (646) 345-2216 erin2000@hotmail.com EXPERIENCE Cahill Gordon & Reindel LLP Associa te New York, New York September 2002 - February 2008 Drafted various documents on behalf of investment banks and company clients for public and Rule 144A/Reg S transactions, including initial public offerings, secondary offerings, investment grade, convertible and high yield debt offerings, project finance, exchange offers and tender offers and consent solicitations. Drafted and negotiated commitment letters, engagement letters, fee letters and documents in connection with secured and unsecured syndicated bank and bridge loan facilities. Interacted on a daily basis with company management, investment bankers, public accountants and SEC officials. Independently conducted and coordinated legal due diligence on-site throughout the U.S. Supervised due diligence and transaction teams of up to five associates. Active role in recruiting. EDUCA TION Fordham University School of Law J.D. New York, New York May 2002 Grade Point Average: 3.25/4.00 Approximate top 30% of class Honors: Member of Fordham Journal of Corporate and Financial Law Quarterfinalist in William H. Mulligan Moot Court competition Council representative of Student Bar Association Murray State University B.A., summa cum laude Murray, Kentucky May 1994 Major: Organizational Communications Minor: Spanish Grade Point Average: 3.82/4.00 Honors: Dean's List each semester Member of Gamma Beta Phi, a National Service Oriented Academic Society Member of Alpha Chi, a National Honor Society ADMISSIONS Admitted to practice in New York State ACTIVITIES AND INTERESTS Running, Snowboarding, Traveling, Fine Dining, Sailing and Reading 2008-May-16 09:49 AM FSA 14159958095 1/3 Instructions and Application to Serve on a Town Board., Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon'8 governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special sldlls or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on fIle at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk ***** * * ***** * *** *** ** **** ******* * * * *** **** *:1: *** AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Or(ler (#1 Being the Gre..test Interest) ~ :s PLANNING ..LLPARKS & OPEN SPACE if ~ DESIGN REVIEW 1F '2. RECREATION # HERITAGE & ARTS If 5 DISASTER PREPAREDNESS * LIBRARY if MARIN COl\1MISSION ON AGING jf I BICYCLEfPEDESTlUAN ADVISORY COMMITTEE (5) ~ ~ ~ ~ W ~ ~. "'. {flJ MAY 1 6 2008 IHI 1 / / ,. ) . . / ( , _:' . /1 / 'C-7 - /1 ) . "~ 1/ I [.. , . '. . . C I"""\:: / ..-' '- /," '-- TOWN CLERK TOWN OF TIBURON r)C~f 2008-May-16 09:50 AM FSA 14159958095 2/3 PERSONAL DATA Only computer~generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: M A~K J. CAP~LL MAILING ADDRESS: '-}Y/O ~ARA O:.t:SE ORsvE. 41 ~ YIS" YIo- TELEPHONE: Home: gttf-sS"Sq Work: '1"5- 102.3 Fax No. ~q5- go '15 PROPERTY OWNERS' ASSOC. (If applicable) TmURON RESIDENT: (Years) 0.5 DATE SUBMITTED: sf I b J b a , , REASONS FOR SELECTING YOUR AREAS OF INTEREST See attached. APPLICABLE QUALIFICATIONS AND EXPERIENCE See attached. -------------------------------------- Town Hall Use -------------------------------------------- Interview Date: &, -- If - ~.( ,J ~ ~~oo~ r~1 (Date) ~ ' , Date Application Received: Appointed to,: (Commission, Board or Committee) Date Term Expires: Length of Term: TOWN CLERK TOWN OF TIBURON 2 2008-May-16 09:50 AM FSA 14159958095 3/3 Reasons for Selectinf! The POST commission is of particular interest to me for many reasons. I am a lifelong participant in nunlerous 'open space' activities including hiking, camping and backpacking, Dlountain biking, diving, hunting, and gardening. Maintaining access to open space and parks in Tiburon is increasingly important to me now that I am the proud father ofa 2-1/2 year old daughter who will grow up as part this community. Meanwhile, my wife was diagnosed with Multiple Sclerosis several years ago and this has sensitized me to note (with a critical eye) access issues for the disabled and elderly. My considerable experience in the outdoors bas led me to become a hue believer in the outdoors as a source of health and pride in the conununity. Preserving these resources is of great interest to me as a father, husband, and Tiburon resident. Applicable Qualifications My key qualifications are as follows. First, I have worked as a Inunicipal bond analyst for over ten years, first as a credit rating analyst and now for a Inunicipal bond insurance conlpany. In this capacity I have reviewed and analyzed thousands of municipal credits including cities, counties, utilities, and special districts. This gives me a broad understanding of public finance as well as how effective management and oversight can positively or negatively impact financial resources and in infrastructure maintenance. Among other lessons learned, open space and parks are good indicators of a community's priorities relative to quality of life. These resources are key to the long-term goal of a sustainable, healthy and strong underlying economy. A second qualification is my educational background. Prior to nlY cun'ent career in public finance I completed a Political Science degree at U.C. Davis and subsequently completed a Masters of Public Adlninistration at use. In conjunction with numerous internships in Sacramento and Washington DC, my understanding of govermnent at all levels (federal, state, and local) has a solid academic basis, This has provided me with a solid foundation upon which my current 'real-world' experience in public finance and mlll1icipal analysis is based. Lastly, I strongly believe in the role of public service to one's conununity and that this position is a logical step for me personally and professionally while delivering to the Tiburon conununity my deep and sincere interest, passion, and energy. I recognize that my time within this cOlnmunity has only just begun but aIU hopeful that this will give me an opportunity to meet with local leadership and work to sustain the nature of this conununity that has drawn my family and me here. Thank you. Mark J. Capell TOWN OF TIBURON ~ 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 6, 2008 Agenda Item:~ r -2 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Designation of Voting Delegate and Alternates - League of California Cities Annual Conference, September 24-27,2008 Reviewed By: BACKGROUND The League of California Cities' Annual Conference is scheduled for September 24 - 27 in Long Beach. In order to vote at the Annual Business Meeting, the Town Council must designate a voting delegate. The Town's delegate, along with the representatives from other cities, will consider and take action on resolutions that establish League policy. According to the League's bylaws, a city may appoint a voting delegate and up to two alternates. RECOMMENDATION Staff recommends that the Town Council: 1) Determine who from the Council will be attending the League's Annual Conference; 2) Appoint a voting delegate to represent the Town at the conference; 3) Appoint up to two Alternates, in the event the voting delegate is unable to serve in that capacity. Exhibits: June 13, 2008 letter from League of California Cities Voting Delegate/Alternate Form Prepared By: Diane Crane Iacopi, Town Clerk ] 400 K STREET SACRAMENTO, CA 958]4 PH: (9]6) 6')8-8200 l'X: (9] 6) 658-8240 "-\;'~'ECEI\/En ' I;{. ", i m Il._ _'.'".',._..t..~. ;,."",rr'!i'~' LEAGUE ~~_c 20~] ~ OF CALIFORNIA TOWN GLERl\ C I TIE S -~. \VW\\',L\U 11 j.\.()\((. Please review this memo carefully. New procedures were adopted in 2006 regarding designation of voting delegates and altemates and voting at the Annual Conference. June 13, 2008 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference - September 24-27, Long Beach The League's 2008 Annual Conference is scheduled for September 24-27 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting, scheduled for 8:30 a.m., September 27, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. In the event that the designated voting delegate is unable to serve in that capacity, your city may appoint up to two alternate voting delegates. In 2006, the ability to appoint up to two alternates was the result of approval of a League bylaws amendment that increased the number of voting delegate alternates from one to two. Please complete the attached Voting Delegate form and return it to the League's office no later than September 5, so that voting delegate/alternates records may be established prior to the conference. At the conference, voting delegate forms may be returned to the Voting Delegate Desk located in the conference registration area. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. . Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. . Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. At least one must be present at the Business Meeting and in possession of voting card in order to cast a vote. Voting delegates and alternates -more- are requested to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegates Desk. This will enable them to receive the special stamps on their name badges that will admit them into the voting area during the Business Meeting. . Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. . New Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they should be sure to sign in at the Voting Delegate desk and obtain the special stamps on their badges. The Voting Delegate desk in the conference registration area will be open September 24, 25 and 26, and prior to the Business Meeting on September 27. The conference registration area will open at 12:00 p.m., on September 24, at the Long Beach Convention Center. The Voting Delegate desk will also be open at the Business Meeting, but not during a roll call vote, should one be undertaken. The voting procedures that will be used at the conference are attached to this memo. Please share it and this memo with your council and especially with the individuals your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by September 5. If you have questions, please call Mary McCullough at (916) 658-8247. Attachments: . 2008 Annual Conference Voting Procedures . Voting Delegate/Alternate Form LEAGUE OF CALI FORN lA 'CITIES 1400 K Street, Suite 400. Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Annual Conference Voting Procedures 2008 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City V oting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. We encourage voting delegates and alternates to sign in at the Voting Delegate Desk so that they may receive a special stamp on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates) and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is not either a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission will be limited to those individuals with a special stamp on their name badge identifying them as a voting delegate or alternate. If the city's voting delegate and alternates wish to sit together, all should sign in at the Voting Delegate desk and obtain the special stamps on their badges. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE OF CALIFORNIA CITIES CITY: --r; iA.iAl i- '71>15 (j /C.(j 1/ 2008 ANNUAL CONFERENCE VOTING DELEGA TEl AL TERNA TE FORM Please complete this form and return it to the League office by September 5~ 2008. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates) who are identified with a special stamp on their conference badge. If your city's voting delegate and alternates wish to sit together at the Business Meeting, they are all encouraged to sign in at the Voting Desk in order to obtain the identifying stamp that will admit them to the special voting area. 1. VOTING DELEGATE Name: ffi c,{:. FNc{.J.LY'lcKj Title: Lif ~ ), 1 do' 2. VOTING DELEGATE - ALTERNATE ( profOJpJ ) 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. ATTEST (I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate.) Name: Phone: Title: Date: Please complete and return bv September 5 to: League of California Cities ATTN: Mary McCullough FAX: (916) 658-8240 1400 K Street Sacramento, CA 95814 AC2008 V otingDe legateLetter,doc TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting August 6, 2008 Agenda Item: 'j) I.J-I STAFF REPORT To: Mayor and Members of the Town Council From: Town Department Heads Subject: Recommendation to Introduce and Pass First Reading of Ordinance Amending Title VI, Chapter 23 of the Municipal Code (Motor Vehicles and Traffic) Reviewed By: ~/ BACKGROUND Title VI, Chapter 23 of the Tiburon Municipal Code governs motor vehicles and traffic in the Town. The Town Council performed its last comprehensive update of Chapter 23 in 1996. The Council amended the chapter in 1999 to regulate rollerblades, skateboards and similar devices and in 2001 to prohibit overnight parking of oversized vehicles. With the passage of time, Town staffhas noted several new problems warranting amendments to Chapter 23: · The expanding variety - and popularity -- of recreational devices such as skateboards, scooters, in-line skates, and the like has created conflicts with other users and risks to public and private property. · Vehicles parking overnight in the Blackie's Pasture Park parking lot. · Vehicles, and non-motorized containers and equipment left overnight on Tiburon Boulevard and in residential neighborhoods. · The Police Department's continuing difficulty enforcing the existing Municipal Code Section 23-32, regulating storage of vehicles on streets. ANAL YSIS 1. Skateboards~ scooters and similar devices. The ordinance would revise Section 23- 23 of the Municipal Code to expand its application to skateboards, in-line skates, roller skates, pocket bikes, or any motorized or non-motorized coaster, bicycle, toy vehicle, or similar device. It would also simplify implementation of the regulation by allowing the Town Manager to prohibit these devices anywhere she found them to be unsafe or inappropriate, by posting a sign. Lastly, the ordinance specifically identifies use of those devices in Shoreline Park and in Fountain Plaza as unsafe or inappropriate. TOWN OF TIBURON PAGE 1 OF 2 2. Overni!!ht Parkin!! in Blackie's Pasture.. on Tiburon Boulevard~ and on Streets in Residential Areas. The ordinance would create three new subsections of Section 23- 31. Subsection (a) is the same as the current law. The new subsection (b) would prohibit overnight parking of vehicles in Blackie's Pasture between the hours of 3 a.m. and 6 a.m. without Town permission and would also prohibit overnight parking on Tiburon Boulevard, where signed by the Town. New Subsection (c) allows similar overnight parking prohibitions, where signed, on streets in residential areas. 3. Placin!! of Dumpsters~ Debris Boxes~ and Similar Containers in Blackie's Pasture and Richardson Bav Lineal Park~ on Tiburon Boulevard~ and on Streets in Residential Areas. New Subsection (d) of Section 23-31 would prohibit placement of dumpsters, debris boxes, and similar containers in Blackie's Pasture Park, on Tiburon Boulevard, and on streets in residential areas without Town permission. 4. Stora!!e of Vehicles on Public Streets. At present, Section 23-32 requires motorists parking on public streets to move their vehicles by at least one car length every three days. According to the Police Department, this regulation has proved ineffective to achieve the section's goal of prohibiting the use of the public streets for long-term vehicle storage. Accordingly, Chief Cronin recommends that the Town increase the minimum distance to 1000 feet, as provided in the draft ordinance. FINANCIAL IMPACT Town staff does not anticipate any financial impact from these proposed changes to the Town's Municipal Code. RECOMMENDATION Staff recommends that the Town Council: 1. 2. 3. Conduct a public hearing on the proposed new ordinance; By motion, read the ordinance by title only; and Pass first reading of the ordinance by roll call vote. Exhibits: 1. Draft Ordinance 2. Current sections of Chapter 23 Prepared By: Ann R. Danforth, Town Attorney Scott Anderson, Community Development Director Nick Nguyen, Town Engineer Michael Cronin, Chief of Police ',) ~) t ') ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE VI, CHAPTER 23 OF THE TIBURON MUNICIPAL CODE (MOTOR VEHICLES AND TRAFFIC) The Town Council of the Town of Tiburon does ordain as follows: Section 1: Findin2S. A. The Town Council has held public hearings on ,2008 and 2008, and has heard and considered any and all public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. D. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. E. The Town Council finds that this is not a "project" as defined by the California Environmental Quality Act. Section 2. Amendment to Title VI~ Chapter ~ Section 23-23. Title VI, Chapter 23, Section 23-23 of the Tiburon Municipal Code is amended to read as follows: Section 23-23 USE OF SKATEBOARDS, COASTERS AND SIMILAR DEVICES REGULATED. (a) It is unlawful for any person upon a skateboard, in-line skates, roller skates, or riding in, upon, or by means of, any pocket bike, as defined in Section 473 of the California Vehicle Code, or any motorized or non-motorized coaster, bicycle, toy vehicle, or similar device to go upon any public street; upon any public sidewalk; or upon any other public area that the town manager has posted to prohibit such activity as unsafe or otherwise inappropriate. EXHIBIT No.L Town of Tiburon Ordinance No. N.S. Effective _1_/2008 Page (b) The town manager has designated the following public areas and any adjoining public sidewalks as being unsafe or inappropriate for the activities listed in Section 23-23(a) of this Code: (1) Fountain Plaza, defined as the brick plaza with fountain, located at the northwest corner of the intersection of Tiburon Boulevard and Main Street, between the building commonly known as 10 Main Street/1704 Tiburon Boulevard and Tiburon Boulevard. (2) Shoreline Park, defined as the park located in the downtown area between Paradise Drive on the north, San Francisco Bay on the south, the intersection of Mar West Street and Paradise Drive on the east, and the property commonly known as 1 & 5 Main Street on the west. Section 3. Amendment to Title VI~ Chapter ~ Section 23-31 Title VI, Chapter 23, Section 23-31 of the Tiburon Municipal Code is amended to read as follows: Section 23-31 NO PARKING AREAS; DUMPSTERS, DEBRIS BOXES, AND SIMILAR CONTAINERS (a) No driver of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or other authorized officer, or traffic sign or signal: (1) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings; (2) In any area where the town has indicated that parking is prohibited by appropriate signs or red paint on the curb; (3) In any area where the town traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by no parking signs upon the curb surface; (4) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property; , (5) On any street or highway where the use of such street or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use Town of Tiburon Ordinance No. N.S. Effective _1_12008 Page 2 or movement; provided that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking; (6) At any place within twenty feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated stop; (7) Within twenty feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device. (b) No driver of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or other authorized officer, or traffic sign or signal: (1) In any area designated for parking at Blackie's Pasture Park, between the hours of 3 a.m. and 6 a.m., except for vehicles authorized to do so by the town traffic engineer. (2) On Tiburon Boulevard, where signed by the town, between the hours of 3 a.m. and 6 a.m., except where authorized to do so by the town traffic engineer. (c) Where signed by the town, no driver of any vehicle shall stop, stand, park or leave standing such vehicle on the streets in residential areas between the hours of 3 a.m. and 6 a.m., except for vehicles authorized to do so by the town traffic engineer, or when necessary to avoid conflict with other traffic, or when in compliance with the directions of a police officer or other authorized officer, or traffic sign or signal. (d) No person shall place any dumpster, debris box, or other similar container in any of the following places except when authorized to do so by the town traffic engineer or the town building official: (1) In any portion of Blackie's Pasture Park. (2) In any portion of Richardson Bay Lineal Park. (3) On Tiburon Boulevard. (4) On any street in residential areas. Section 4. Amendment to Title VI.. Chapter ~ Section 23-32 Title VI, Chapter 23, Section 23-32 of the Tiburon Municipal Code is amended to read as follows: Town ofTiburon Ordinance No. N.S. Effective _/_/2008 Page 3 Section 23-32 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two hours. For purposes of this section, a vehicle must be moved at least one thousand (1000) feet every seventy-two (72) hours or it shall be considered parked for that period of time. Section 5. Severability . If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 6. Effective Date. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on ,2008, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on ,2008, which was noticed pursuant to relevant sections of the California Government Code, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S:\Administration\Town Council\StaffReports\2008\August 6 Drafts\Chapter 23 Traffic Amendments ordinance,doc Town of Tiburon Ordinance No. N.S. Effective _/_/2008 Page 4 Current Municipal Code provisions 23-23 Use of skateboards, coasters and similar devices regulated. (a) It is unlawful for any person upon a skate- board, roller skates, or riding in, upon, or by means of, any coaster, toy vehicle, or siInilar device to go upon any roadway in the Town of Tiburon between the hours of sunset and sunrise and on those road- ways designated by the town traffic engineer as being hazardous for such activity during daylight hours and so posted after due public notice. (b) The towD traffic engineer has designated the following streets are hazardous to subject activities, and may designate others by properly posting: Reed Ranch Road Via Capistrano Blackfield Drive Trestle Glen Boulevard Hacienda Drive Porto Marino Drive Stewart Drive Geldert Drive A venida Miraflores Roundhill Road Lyford Drive Mar West Street Centro West Street Solano Paradise Drive Main Street Beach Road Tiburon Boulevard Juanita Lane Centro East Street Mar East Street Diviso Street Ridge Road Mountain View Drive Lagoon View Drive Straits View Drive (Ord. No. 423 N.S., ~ 2 (part)) 23-31 No parking areas. No driver of any vehicle shall stop, stand, park or leave standing such vehicle in any of the following places, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or other authorized officer, or traffic sign or signal: (a) Within any divisional island unless authorized and clearly indicated with appropriate signs or markings; (b) In any area where the town has indicated that parking is prohibited by appropriate signs or red paint on the curb; (c) In any area where the town traffic engineer determines that the parking or stopping of a vehicle would constitute a traffic hazard or would endanger life or property, when such area is indicated by no parking signs upon the curb surface; (d) In any area where the parking or stopping of any vehicle would constitute a traffic hazard or would endanger life or property; (e) On any street or highway where the use of such street or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or the installation of underground utilities or where the use of the street or highway or any portion thereof is authorized for a purpose other than the normal flow of traffic or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicle would prohibit or interfere with such use or movement' , provided that signs giving notice of such no parking are erected or placed at least twenty-four hours prior to the effective time of such no parking; (f) At any place within twenty feet of a crosswalk at an intersection when such place is indicated by appropriate signs or by red paint upon the curb surface except that a bus may stop at a designated stop; (g) Within twenty feet of the approach to any traffic signal, boulevard stop sign or official electric flashing device; (h) No vehicle shall be parked in any area of "Blackie's Pasture Park" overnight, for storage, or camping. (Ord. No. 423 N.S., S 2 (part); Ord. No. 458 N.S., S 2(E), (F)) 23-32 Use of streets for storage of vehicles prohibited. No person who owns or has possession, custody or control of any vehicle shall park such vehicle upon any street or alley for more than a consecutive period of seventy-two hours. For purposes of this section, a vehicle must be moved at least one car length every seventy-two hours or it shall be considered parked for that period of time. (Ord. No. 423 N.S., S 2 (part)) EXHIBIT NO. ~