Loading...
HomeMy WebLinkAboutTC Agd Pkt 1999-02-17 (3) TOWN OF TIBURON STAFF REpORT .t :;l ITEM NO. i Date: MAYOR AND TOWN COUNCIL ANN R. DANFORTH, TOWN ATIORNEY RESTRICTIONS ON HOLIDAY ROAD CLOSURES DOWNTOWN TIBURON February 9, 1999 t To: From: Subject: BACKGROUND During the 1998 holiday season, the City of Belvedere conducted a public works road improvement project that had the effect of partially blocking Main Street in downtown Tiburon. This created traffic problems during a period of nonnally high retail activity of great economic importance to downtown businesses. The Chamber of Commerce and individual Tiburon business owners have .~. asked that the Council enact an ordinance restricting such activities during the holiday season. ANALYSIS The proposed ordinance would prohibit construction activities that bf,ve the effect of restricting traffic capacity in the downtown during the holiday season. The holid.y' season is defined as the period beginning the day after Thanksgiving and ending New Year's Day. If New Year's Day falls on a weekend, the holiday season would be deemed to continue until the. clo~ df business on the first Monday in January. The Town Manager would have the authd~ to waive the application of the proposed ordinance when, in his judgement, the public interest advanced by the waiver outweighed the likely adverse impacts. I RECOMMENDATION Staff recommends that the Council: 1. Conduct a public hearing on the proposed new ordinance; 2. By motion, read the ordinance by title only; and 3. Pass first reading of the ordinance by roll call vote. EXHIBITS Draft Ordinance , , .\.; \ t" ~ . '.". I t t . I ~. I . f I , , ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROHIBITING ANY CONSTRUCTION ACTIVITY THAT ADVERSELY IMPACTS THE FREE FLOW OF TRAFFIC IN THE DOWNTOWN DURING THE HOLIDAY SEASON The Town Council of the Town ofTiburon does ordain as follows: SECTION 1. FINDINGS. t A. Main Street, in the downtown area, is a primary thoroughfare for the Town's ret~ district. B. The holiday season, between Thanksgiving Day and New Year's Day, is generally a very busy period in the downtown, generating high levels of traffic. C. The sales that occur during the holiday season are of vital importance to the downtown retail area, and are likely to be adversely affected by construction activities that restrict the traffic capacity of streets in the downtown. SECTION 2. ROAD BLOCKAGES PROHIBITED DURING HOLIDAY SEASON 1. For purposes of this Ordinance, the Holiday Season is deemed to commence at 9 a.m. on day after Thanksgiving Day and end at 5 p.m. on January the first. Notwithstanding the foregoing, if January the first falls on a Saturday or Sunday, the Holiday Season shall be extended to 5 p.m. on the first Monday in January. 2. No person or public agency shall conduct road improvement, street repairs or construction activities that have the affect of restricting, blocking or interfering with the free flow of traffic on Main Street during the Holiday Season. t 3. The Town Manager shall have the authority to waive the application of this Ordinance, in whole or in part where, in his judgement, the public interest advanced by the waiver outweighs the likely adverse impacts. 4. Violation of this Ordinance shall be an infraction, punishable by a fine as provided in Government Code S 36900, or by administrative citation as set forth in Chapter 31 of the Town's Municipal Code. 1 l. i SECTION 3. 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 hereby declares that it would have passed this Ordinance, any section subsection, sentence, clause or phrase thereo:f, irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage. Within fifteen (15) days after its passage, a copy of this Ordinance shall be published with the t.-' 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 adjourned meeting of the Town Council of the Town ofTiburon on February ~ 1999, and was adopted at a regular meeting of the Town Council of the Town ofTiburon on ~ 1999 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: MOGENS BACH, MAYOR Town of Tiburon DIANE CRANE, TOWN CLERK t 2 i ~ TOWN OF TIBURON STAFF REpORT , . ;~ ITEM NO. IV i j To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER TOWN ENGINEER POSITION FEBRUARY 17,1999 BACKGROUND , Since incorporation, the Town of Tiburon has utilized contract-engineering services. The past four (4) years the County of Marin has provided such services to the Town of Tiburon. Sia Barmand, Senior Engineer, Marin County Public works Department, was assigned to the Town as its Town Engineer and served Tiburon the entire time in a very efficient, effective and outstanding manner. His professional engineering skills, experience, and ability to work with the public, Town officials and Staff resulted in an excellent working relationship and a mutually beneficial association. However, these contract services came to an end in January, for both the Town and the County of Marin, as Sia accepted a new role in the private sector. , In anticipation of the Town Engineer's departure, last November the Town Manager explored the possibility of recruiting a full-time civil engineer to serve the Town.dfTiburon. While the concept was not rejected by the Town Council, there was consensus t<t.cont~hue, ifpossible, the contract engineering services similar to those provided to the Town in ;thepast. ~ ~-. Several civil engineers and engineering firms were subsequently g'olicited by'the Town. There was limited interest, due primarily to current major engineering activity both in the public and private sectors. After many discussions, meetings, interviews, and proposal considerations, I am please to submit the following recommendations for Council's consideration: t RECOMMENDATION That Town Council approve retaining Irving L. Schwartz, C.E. as the Town's contract Town Engineer subject to the following basic terms and conditions: 1) General Consulting: Services: Provide consultation and support for Town Department Heads and officials on an as requested basis. Address citizen's inquiries and complaints. Provide Civil Engineering services including Design, , Contract Administration and Inspection of capital improvement projects such as street and drainage work. Provide input, as requested, relating to budgeting, facilities maintenance and similar issues, serve as the Town's representative to the Marin Public Works Association. Serve as an advocate, as necessary, for the acquisition for State, Federal and local funding for street improvement, storm damage and similar projects. Provide emergency assistance for storms or other situations as requested by the Town Manager. , f t. . t f 2) Retainer Hours: 15 hrs per week or 64 hrs. per month (six (6) of these hours in Tiburon each week) 3) Retainer Fee: $90.00/hr. or $5,760/month t 4) Excess Hours: Approved in advance by Town Manager, and billed at mutually agreed upon hourly rate. 5) Private Prooertv Proiects: As requested by Town Staff: will review applications and perform appropriate inspections for Building Permits, Design Review Applications, Tentative Subdivision Maps and similar private development proposals. Review parcel, Maps and Final Subdivision Maps for conformance with Town Requirements and State law. t. ~ , , Jo. ".' 6) Private Prooertv Fees: Billed by Town Engineer directly .to:private property owner/developer. Basic fee recei~'d prior to qommencement of work. .'.k f .~" 7) Meetini! Attendance: As required basis. Time charged against basic retainer hours/fee. t 8) Commencement Date: February 26, 1999 9) Contract Review: At the completion of three (3) month services, retainer hours and services to be reviewed by Town and town Engineer and re- evaluated for possible adjustment It should be noted that Sia Barmand has continued to assist the Town with engineering services during this transition period, and he has advised the Town that he will complete certain Town capital improvement projects that are currently underway. He will be reimbursed by the Town on an hourly basis. , EXHIBITS I ~ 1. Schwartz Associated ltr. To Town Manager dt'd 1/19/99 (proposal for Services) 2. Schwartz Associates ltr. To Town Manager dt'd 2/1/99 (Items Included in Proposal) 3. Schwartz Associates ltr. To Town Manager dt'd 2/1/99 (Revised Proposal) 4. Town Council Staff Report dt'd 11/4/98 # t o f , i ) :",' ~ ~.. . ,} ~ t , ~ :.... ( \ \ .}L' , ~ > f t I t ~ 1 . F t , I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING , January 19,1999 RECEIVED JAN 2 0 1999 Mr. Robert Kleinert, Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON RE: Town Engineer Position Dear Bob: t I was quite flattered and excited about your inquiry as to whether I would be interested in performing the functions of Town Engineer for the Town of Tiburon. I am very much interested in pursuing this matter and have the following information for you. LL. Schwartz Associates, Inc. is a general practicing Civil Engineering and Land Surveying firm providing services to private individuals, developers, contractors and public agencies. A copy of our company brochure is enclosed which outlines our areas of practice as well as the qualifications and experience of our key staff members. With regard to my specific qualifications in the area of Municipal Engineering, I was employed by the Marin County Department of Public Works from 1965 to 1979. During that period of time I held numerous positions, starting out as an entry level Civil Engineer and working my way up to Associate Civil Engineer and then Deputy Director of Public Works. As I mentioned to you, when Tiburon was first incorporated the Council appointed Arthur Knutson, the Assistant Director of the Marin County Department of Public Works, as'the Town Engineer. As I worked for Art at that time, I performed some of the Tiburon Town Engineer's duties. I was also Design Engineer and Project Engineer on numerous County Public Works projects involving drainage, street improvements, soil stabilization, storm damage repairs, park improvements and other similar work. A large part of my time while working for the County was as its Land Development Engineer, in which capacity I was responsible for the section dealing with the review, approval and inspection of all private development projects within the unincorporated area. I also acted as the County's first environmental coordinator and was the Department of Public Works liaison to both the Planning Commission and the Board of Supervisors as related to private development projects. As Deputy Director of Public Works I was responsible for the County's road maintenance and building maintenance divisions. I In the context of private practice, our firm has .i-'rovided Civil Engineering and Land Surveying services to many of the towns and cities in Marin as well as to the County. Our work includes site improvement design for public buildings, road improvements, and drainage repairs as well as topographic mapping and boundary surveys. We have also been involved with a number cities and towns in the County including Tiburon in facilitating Undergrounding and other Assessment Districts. 79 GALLI DRIVE NOVATO I CA 94949-5705 (415) 883-9200 EXHIBIT NO. FAX 883-2763 \ Page 2 i January 19, 1999 Mr. Robert Kleinert, Manager Town ofTiburon RE: Town Engineer Position Continued Based on my qualifications and experience, I believe that I would be an excellent candidate for Town Engineer, especially when considering the available support of our well qualified staff. As we are currently engaged in a number of projects within the Town of Tiburon, I propose that if I am selected as Town Engineer, my firm would operate under the following guidelines (unless changed by mutual agreement between the Town and us) to avoid any potential conflict of interest. 1. We will complete our current Civil Engine~ring projects within the Town of Tiburon for private clients and will not provide the services of Town Engineer relative to these projects. These projects include, the Round Hill Oaks Subdivision; The Ned's Way Garden Homes project; a shoreline protection project at a single family residential property on Paradise Drive; a private sewage connection project on Ranch Road that may involve Town streets; site improvement plans for approximately 2 or 3 single family residences at various locations within the Town. t 2. We will continue to provide Civil Engineering services for other public agencies and utility agencies as well as providing Civil Engineering services for undergrounding assessment districts within the Town. 3. We will continue to provide Land Surveying services within the Town of Tiburon except where these services will result in the preparation of a Parcel Map or Subdivision Map. We propose to provide the Town of Tiburon, a~ Town Engineer, with the following three general categories of services: CATEGORY I - GENERAL CONSULTING t a. We will provide general consulting services that may be requested by the Town staff or Council on an as needed basis to provide input as required at staff meetings, meetings with the property owners and residences, or meetings with the Planning Commission or Town Council. b. We will act as the Town's representative to the Marin Public Works Association and act as an advocate as necessary for the acquisition of State and Federal Funding for street improvement, storm damage and similar projects. c. We will provide input as requested relateing to budgeting, facilities maintenance and similar issues. \ I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING Page 3 j January 19, 1999 Mr. Robert Kleinert, Manager Town ofTiburon RE: Town Engineer Position Continued d. We will be available to provide assistance in case of storm or other situations where our expertise or input is helpful to the Town. You have estimated that Category I would involve an average of approximately 20 hours per week. CATEGORY II - SPECIFIC TOWN PROJECTS t This category involves specific Town projects assigned to the Town Engineer, such as the preparation of contract documents for a street improvement project along with project construction administration and inspection, or the performance of a boundary survey to determine the location of a right-of-way line. CATEGORY III - REVIEW OF PRIVATE PROJECTS The third category of services is the review of private development projects in coordination with the Community Development Department or the Building Inspection Department as deemed necessary by those departments or as required by Town Code and State Law. We propose to receive compensation for the above three categories of work as follows: I. The general consulting function estimated at 20 hours per week would be performed at a rate of $98.00 per hour for the first eighty hours within any monthly billing cycle (our normal billing cycle runs from the 26th of any given month to the 25th of the subsequent month). Any services in excess of eighty hours in a given billing cycle would be billed at our standard hourly rates which are shown on the attached Work Order and Agreement. II. Fees for services provided for specific Town projects will be by prior agreement with the Town, either by using our standard hourly rates or a pre-determined fee. I III. Charges for review of private development projects will be made directly to the private developer, generally with the fee collected prior to the commencement of our work. This will eliminate the need for the Town to ue involved in bookkeeping or accounting relative to this segment of the work. We are ready to commence providing services to the Town of Tiburon as Town Engineer when authorized by the Town to do so. I am enclosing a copy of our Standard Form Work Order and Agreement which could be used to authorize our services, unless you prefer some alternative document. If an alternative document is used, it will first need to be reviewed by our professional liability insurance carrier prior to my execution. t I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING Page 4 j f January 19, 1999 Mr. Robert Kleinert, Manager Town of Tiburon RE: Town Engineer Position Continued If there are other items not included in this letter that need to be addressed or if clarifications are necessary, I will be pleased to work with you to develop a mutually agreeable document. Thank: you for offering me the opportunity to provide you with this proposal and I look forward to being your Town Engineer. Sincerely, t t ILS/dlh \enc. CORRESPO.MIS TIBENG.LTR \ I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING '-....... 1 0 ~.'.~- I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING i February 1, 1999 REceIVED FEB - 2 1999 Robert Kleinert, Manager T own of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF T1BURON RE: Tiburon Town Engineer Dear Bob: As I continue to think about our proposal to provide you with the services of Town Engineer, I wanted to clarify a number of items that would be included in, and considered to be a part of. our hourly rate. They are as follows: t . Public Liability and Property Damage Insurance . Worker's Compensation Insurance . Professional Liability (Errors and Omissions) Insurance . Y2K Compliance . Secretarial/Clerical Support . In- House Plan Reproduction, Plotting, and Copying . Computer System for Drafting and Design . Telephone and Postage Charges . Sufficiently large enough staff to provide 24 hour, 7 day week coverage if necessary in an emergency . No overtime charges for evening meetings or out-of-normal working hours emergency calls The services of a fully integrated Civil Engineering and Land Surveying firm t . Again, I thank you for considering me and my firm to provide Town Engineering Services to the Town of Tiburon. Sincerely, EXHffiITNO. 2.. ILSldlh CORRESPO.OFF TlBURON.LTR 79 GALLI DRIVE NOVATO, CA 94949-5705 (415) 883-9200 FAX 883-2763 ~ t t t \ I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING REceiVED FEB .. 2 1999 ,~., I February I, 1999 TOWN MANAG~AS OFFICE. TOWN OF TIBURQN Robert Kleinert, City Manager Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 RE: Town Engineer Dear Bob: t Following our telephone conversation this morning, I am providing you with the following revised scope of services and fees from that shown in our letter to you of January 19,1999. We propose to provide the Town of Tiburon, as Town Engineer, under the supervision of the Town Manager, with the following two general categories of services: CATEGORY I - GENERAL CONSULTING We will provide consultation and support for Town Department Heads and Officials on an as requested basis. We will also address citizens inquiries and complaints. We will provide Civil Engineering services including Design, Contract Administration and Inspection of capital improvement projects such as street and drainage work. We will provide input, as requested, relating to budgeting, facilities maintenance and similar issues and will act as the Town's representative to the Marin Public Works Association as well as act as an advocate, as necessary, for the acquisition for State and Federal funding for street improvement, storm damage and similar projects. We will be available to provide emergency assistance for storms or other situations as requested by the Town Manager. ' We will provide approximately 6 hours per week of the above services within Tiburon with agreed-upon set "hours." t CATEGORY II - PRIVATE PROJECTS As requested by Town staff, we will review applications and perform appropriate inspections for Building Permits, Design Reviews, Tentative Subdivision Maps and similar private development proposals. We will also review Parcel, Maps and Final Subdivision Maps for conformance with Town requirements and State law. COMPENSA TION We propose to receive compensation for the above two categories of work as follows: EXHIBIT NO. 3 1; 79 GALLI DRIVE NOVATO, CA 94949-5705 (4'15) 883-9200 FAX 883-2763 Page 2 February I, 1999 Robert Kleinert, City Manager Town ofTiburon RE: City Engineer Continued Category I - We propose to perform the first 64 hours per monthly billing cycle (which begins the 26th of any given month and ends the 25th of the subsequent month) for a fixed fee retainer of$5,760.00 (64 hours per monthly billing cycle times $90.00 per hour). Any time in excess of 64 hours per monthly billing cycle and any time expended by our survey crew will be billed at our standard hourly rates unless other arrangements are made prior to the commencement of an increment of work. Category II - Charges for review of private development projects including inspections and attendance at meetings will be billed directly to the private developer, generally with the fee collected prior to the commencement of our work. t It is proposed that the fixed fee retainer be adjusted proportionately for any work performed during a portion of the monthly billing cycle either at the commencement or completion of authorization of our work as Tiburon Town Engineer, as applicable. It is also further proposed that at the completion of three complete monthly billing cycles, our time expended as Town Engineer will be evaluated and adjustments made to our agreement as is applicable or appropriate. I trust these revisions will meet with the Town's approval; however if you have any questions or desire additional information, please feel free to call on me. Sincerely, t ILS/ dlh CORRESPO.JOB TIBTRV2.L TR \ I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING TIBURON TOWN COUNCIL STAFF REPORT DUPLI CATEi ;; MEETING: TO: FROM: SUBJECT: November 4, 1998 ITEM: TOWN COUNCIL ROBERT L. KLEINERT, TOWN MANAGER POSITION OF TOWN ENGINEER - AUTHORIZE RECRUITIAENT BACKGROUND This item is to authorize the Town Manager to initiate the recruitment process for the position of full-time Town Engineer. I The Town currently contracts with the County of Marin Public Works Department for general and project engineering services (the assigned engineer has been Siavash Barmand). The County has notified the Town that the current contractual arrangement will not be renewed in 1999, therefore it is necessary for the Town to recruit for professional engineering services. It is proposed that the Town Engineer be a full-time employee of the Town, responsible for professional engineering services, and direction of the Department of Public Works. DISCUSSION Recent Town Engineer Services The Town has contracted for engineering services since its incorporation in 1964. From 1971 to 1994, the Town contracted with Bala & Strandgaard (later, S.M. Bala Associates) for engineering services. Since 1994 the Town has contracted with the County for general and project engineering services. Since 1991 the Town has annually expended $50,000 to $83,000 for engineering services. Since contracting with the County annual engineering costs have been in the range $50,300 to $64,000. The share normally allocated to general engineering has ranged from $29,000 to $38,000; remaining costs have been associated with streets improvements and other capital improvement projects, and have been allocated to those projects and funds where possible. I Proposed Town Engineer Position As proposed, the Town Engineer would be responsible for engineering services, as well as direction and supervision of the Town Department of Public Works. By reorganizing the Department of Public Works and reallocating Department resources, the Town will be better able to provide and deliver engineering and regular streets, parks and facilities maintenance servic"es to the Town. The proposed salary range for the position of Town Engineer would be $6,200 to $6,900 per month. Comparative information, obtained in April 1998 from the cities and towns used in the general salary survey, showed that experienced City/Town Engineers, with supervisory " responsibilities, receive a salary in the range of$6,304 to $7,558 per month. The recommended EXHIBIT NO.-j- Tiburon Town Council Staff Report Recruitment of Town Engineer Meeting of November 4, 1998 Page 2 salary range for the full-time Town Engineer is within the low-to-middle range of the surveyed cities. The following Draft Advertisement/Listing for the position of Town Engineer delineates qualifications, experience, and salary & benefit compensation levels for the position. DRAFT ADVERTISING/liSTING: PUBLIC WORKS DIRECTOR/TOWN ENGINEER - Town ofTiburon, CA (pop. 8,500). Salary Range: $6,200-$6,900/monthly, plus excellent fringe benefit package including fully paid PERS. The Town of Tiburon is seeking an individual to perform professional civil engineering work on the planning, organization and direction of major public works projects. Responsibilities include selecting, training and supervising the Public Works Superintendent and staff; serving as Town Traffic Engineer; and all required duties under the Subdivision Map Act. Bachelor's Degree in Civil Engineering or a related administrative field, registration as Civil Engineer issued by the California State Board of Registration for Civil and Professional Engineers, a valid California Driver's License before date of appointment, and eight (8) years increasingly responsible professional engineering experience, preferably in a governmental organization are required. Contact the Town of Tiburon to receive application package, 1505 Tiburon Blvd., Tiburon, CA 94920, by 5:00PM , 1998. Faxes are not accepted. Phone (415) 435-7373. EOE. t Benefits & Advantages Associated with Full Time Town Engineer In the capacity of full time director of the Department ofP~blic Works, the Town Engineer would provide additional advantages and benefits to the residents and Staff in the following areas: . Enable the Superintendent to allocate additional time to field work, and supervising streets, parks and facilities maintenance and construction. t . Enable the Department of Public Works to perform important construction projects, with cost savings to the Town. . Department of Public Works Staffwould be more available and responsive to the inquiries and requests of residents and Staff · T own Engineer would be more available during emergencies, storm/rainy seasons, and on- call for other occurrences. \ Tiburon Town Council Staff Report Recruitment of Town Engineer Meeting of November 4, 1998 Page 3 i Proposed Timetable for Recruitment & Employment November 9 November 27 December 7 December 14 December 21 January 4-15 January 18 Advertise Deadline Complete Screening of Applicants (5 or 6) (TM, TE) 1 st Interviews (TM, TE, PO) 2nd Interview (TM, 2 TC members) Background & Town Council Approval Employment Offer t PD=Planning Director TC=Town Council TE=Town Engineer TM=Town Manager RECOMMENDA nON Town Council authorize the Town Manager to initiate the process to recruit a full-time Town Engineer. RFS t " ~ t ~., t t \ TOWN OF TIBURON STAFF REpORT .t ~ 'Of' ITEM NO. II f. To: From: Subject: MAYOR AND TOWN COUNCIL ANN R. DANFORTH, TOWN A'lTORNEY LIMITATION OF VIEW PROTECTION ORDINANCE CHAPTER 15 OF THE MUNICIPAL CODE February 9, 1999 t Date: BACKGROUND This item has been placed on the agenda at the request of Vice Mayor Gram. Chapter 15 of the Municipal Code, the Town's View Preservation Ordinance, provides for the restorations of views and sunlight that have become obstructed by unreasonable tree growth. At present, the Ordinance allows the owner or occupant of a property to seek the restoration of any view of sunlight from the primary living area or active use area that existed any time since they purchased or occupied the property. This allows a property owner or occupant to seek restoration of views that may have become obstructed many years ago. ! ~. ~ ...; 1 ANALYSIS \ ..k '.. . . The Council has the power to limit the length of the period that a ci8imant may look back in restoring a view or sunlight that has become lost to unreasonable tree growth. The attached sample draft t.'.... ordinance imposes one possible limitation. Under this draft, a claimant could restore any documentable view or sunlight that existed during the shorter of (a) the claimant's tenure in owning or occupying the property; or (b) the ten years prior to the time that the claimant first notified the tree owner of his concerns as required by the ordinance. One argument for imposing a limit of the number of years that a claimant may look back in restoring lost views and sunlight is that the restoration of a view lost twenty years before may impose a large cost, both financially and in terms of quality of life. If many years have gone by, the tree owner may previously had no notice that the tree was causing a problem, and the problem might have been easier to remedy had the claimant raised his concerns more promptly. The current ordinance does address some of these problems by providing for flexibility in the apportionment of costs and the extent of restorative action (~~ 15-6, 15-13). 1 , .t ) I RECOMMENDATION Staff recommends that the Council consider whether it wishes to consider amending Chapter 15 to limit the length of the period that a person can look back in seeking view or sunlight restoration. If the Council decides to pursue the consideration of such an amendment, it should direct staff to prepare an appropriate amendment and re-agendize the matter for a public hearing and first reading. i } ~ , } ; { ~ ~ t EXHIBITS Draft Sample Ordinance Chapter 15 of the Municipal Code , r ~ , t I t t. ~ ~... ).;.:. " \. ,} ~ t .~ 2 , ORDINANCE NO. N.S. D,'i4J:j- i\ f <' AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING CHAPTER 15 OF THE TIBURON MUNICIPAL CODE, PERTAINING TO VIEW AND SUNLIGHT OBSTRUCTION FROM TREES The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. Section 15-l.B.4 of the Tiburon Municipal Code is hereby amended to read t as fOllOWS:: 4. The Town shall establish a process by which persons may seek to preserve and restore views or sunlight that existed at any time since they purchased or occupied property, up to a maximum period of ten years, from unreasonable obstruction by the growth of trees. The Town shall also establish a list of factors to be considered in determining appropriate actions to restore views or sunlight. SECTION 2. Section 15-3 of the Tiburon Municipal Code is hereby amended to read as follows: Section 15-3 Ri2hts Established. Any person shall have the right to preserve and seek restoration of views or sunlight that existed at any time since he purchased or occupied a property, when such views or sunlight are from the primary living area or active use area and ~ve become unreasonably obstructed by the growth of trees within ten years prior to such person first notifying the Tree Owner of his concerns, as required by Section 15-9 of this Code. In order to establish such rights pursuant to this Chapter, the person must follow the process t established in this Chapter. In addition to the above rights, private parties have the right to . seek remedial action for imminent danger caused by trees. All persons are advised that the alternation, removal and planting of certain trees requires a permit under Chapter 15A of the Tiburon Town Code ("Trees"). The applicability of Chapter 15A should be determined prior to any action on trees. SECTION 3. Section 15-5 (e) is hereby added to the Tiburon Municipal Code, to read as follows: 1 ViewProtection/imit. 99. doc l ~ , ( e) Whether the obstruction occurred within ten years prior to the Complaining Party first notifying the Tree Owner of his concerns, as required by Section 15-9 of this Code. SECTION 4. Section 15-7 of the Tiburon Municipal Code is hereby amended to read as follows: Section 15-7 Tvoes of Restorative Action. Restorative actions include, without limitation, the following: . Trimming . Thinning or wind owing . Topping . Removal with replacement plantings . Removal without replacement plantings t In all cases, the maximum limit of Restoration Action that may be required is that necessary to restore the documentable view or sunlight that existed during the shorter of (a) the tenure of the present owner or legal occupant; or (b) during the ten years prior to the date that the Complaining Party first notifying the Tree Owner of his concerns as required by Section 15-9 of this Code. Restorative Action may include written conditions (including ongoing maintenance) and directions as to appropriate timing of such actions and may be made to run with the land and apply to successors in interest. Where removal is required, replacement by appropriate species should be considered. In cases where trimming, windowing or other Restoratiy~ Action may affect the health of a tree which is to be preserved, such actions should be carried out in acCordance with standards established by the International Society of Arboriculture for use in the State of California. SECTION 5. SEVERABILITY. t 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. 2 ViewProtection/imit.99.doci \ , . SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty days after the date of passage. . Pursuant to the provisions of Government Code Section 36933, the Town Attorney shall prepare a summary of this ordinance. At least five (5) days prior to the Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the ordinance. Within fifteen (15) days after adoption of the ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along with the names of the Town Council members voting for and against the ordinance. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on ~ 1999, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on ~ 1999, which was noticed pursuant to Government ,".' Code Section 50022.3, by the following vote: AYES : COUNCIL1v1EMBERS: NOES: COUNCIL1vffiMBERS: ABSENT: COUNCIL1vffiMBERS: MOGENS BACH, MAYOR Town of Tiburon DIANE L. CRANE, TOWN CLERK I 3 ViewProtection/imit. 99. doc \; .. , t t \ i CHAPTER 15: VIEW AND OBSTRUCTION FROM SUNLIGHT TREES Section 15-1. Purpose and Principles. Section 15-2. Definitions. Section 15-3. Rights Established. Section 15-4. Unreasonable Obstruction Prohibited. t Section 15-5. Criteria for Determining Unreasonable Obstruction. Section 15-6. Criteria for Determining Appropriate Restorative Action. Section 15-7. Types of Restorative Action. Section 15-8. Town Guidelines Concerning Restorative Action. Section 15-9. Process for Resolution of Obstruction Disputes. Section 15-10. Tree Claim Preparation. Section 15-11. Binding Arbitration. Section 15-12. Litigation. I Section 15-13. Apportionment of Costs. Section 15-14. Liabilities. Section 15-15. Limitations. Section 15-16. Trees on Town-owned Property. Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 1 '\ . , . . section 15-1. Purpose and Principles. The purposes of this Chapter are to: A. Establish the right of persons to preserve views or sunlight which existed at any time since they purchased or occupied a property from unreasonable obstruction by the growth of trees. B. Establish a process by which persons may seek restoration of such views or sunlight when unreasonably obstructed by the growth of trees or other vegetation (see definition of "Tree"). The rights and the restorative process are based upon the following general principles: 1. The Town recognizes that residents, property owners, and businesses cherish their outward views from the Tiburon Peninsula, and that they also cherish the benefits of plentiful sunlight reaching their buildings and yards. The Town recognizes that both outward views and plentiful sunlight reaching property contribute greatly to the quality of life in Tiburon, and promote the general welfare of the entire community. t 2. The Town also recognizes the desire of many of its residents, property owners, and businesses for beautiful and plentiful landscaping, including trees. The Town realizes that this desire may sometimes conflict with the preservation of views and sunlight, and that disputes related to view or sunlight obstruction are inevitable. 3. Owners and residents should maintain trees on their property in a healthy condition for both safety reasons and for preservation of sunlight and outward views. Before planting trees, owners and residents should consider view and sunlight blockage potential, both currently and at tree maturity. Persons have the right to seek civil remedies when threatened by dangerous tree growth. t 4. The Town shall establish a process by which persons may seek to preserve and restore views or sunlight which existed at any time since they purchased or occupied property from unreasonable obstruction by the growth of trees. The Town shall also establish a list of factors to be considered in determining appropriate actions to restore views or sunlight. 5. When a view or sunlight obstruction dispute arises, the parties should act reasonably to resolve the dispute through Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 2 \: A , friendly communication, thoughtful negotiation, compromise, and other traditional means, such as discussions with the appropriate neighborhood or homeowner association. Those disputes which are not resolved through such means shall follow the procedure established herein. 6. It is the intent of the Town that the provisions of this Chapter receive thoughtful and reasonable application. It is not the intent of the Town to encourage clear-cutting or substantial denuding of any property of its trees by overzealous application of provisions of this Chapter. Section 15-2. Definitions. For the purpose of this Chapter, the meaning and construction of words and phrases is as follows: t Active Use Area: The most frequently occupied portion or portions of a commercial building from which views are available. Arbitrator: A neutral person who will conduct a process similar to a trial, and who will hear testimony, consider evidence, and make a binding decision for the disputing parties. Binding Arbitration: A legal procedure as set forth in section 1280 et seq. of the Code of civil Procedure. Complaining Party: Any property owner (or legal occupant with written permission of the property owner) who alleges that trees located on the property of another person are causing unreasonable obstruction of his or her pre-existing views or sunlight. Mediator: A neutral, objective third person who assists people in finding mutually satisfactory solutions to their problem. I Person: Any individual, corporation, partnership, firm, or other legal entity, excluding the Town of Tiburon. Primary Living Area: The portion or portions of a residence from which a view is observed most often by the occupants relative to other portions of the residence. The determination of primary living area is to be made on a case-by-case basis. Protected Tree: Any of the following: HERITAGE TREE, meaning any tree which has a trunk with Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 3 \, ~ , a circumference exceeding sixty (60) inches, measured twenty-four (24) inches above the ground level. OAK TREE, including coast live oak, blue oak, California black oak, interior live oak, canyon live oak, Engelmann oak, or valley oak tree. DEDICATED TREE, meaning a tree of special significance so designated by resolution of the Town Council. Removal: The elimination of any tree from its present location. Restorative Action: Any specific requirement to resolve a tree dispute. stump Growth: New growth from the remaining portion of the tree trunk, the main portion of which has been cut off. t Sunlight: The availability of direct or indirect sunlight to the primary living area of a residence. Thinning: The selective removal of entire branches from a tree so as to improve visibility through the tree and/or improve the tree's structural condition. Topping: Elimination of the upper portion of a tree's trunk or main leader. Tree: Any woody plant with the potential to obstruct views or sunlight, including but not limited-to trees, shrubs, hedges, and bushes. References to '~tr~e" shall include the plural. Tree Claim: The written basis for arbitration or court action under the provisions of this Chapter. Tree Owner: Any person owning real property in Tiburon upon whose land is located a tree or trees alleged by a Complaining Party to cause an unreasonable obstruction. t Trimming: The selective removal of portions of branches from a tree so as to modify the tree(s) shape or profile or alter the tree's appearance. view: A scene from the primary living area of a residence or the active use areas of a non-residential building. The .term "view" includes both upslope and downslope scenes, but is generally medium or long range in nature, as opposed to short range. Views include but are not limited to skylines, bridges, landmarks, distant cities, distinctive geologic Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 4 \ j , features, hillside terrains, wooded canyons, ridges, and bodies of water. Some additional examples are: San Francisco Bay (including San Pablo Bay, Richardson Bay, and islands therein); The San Francisco-Oakland Bay Bridge; The Golden Gate Bridge; The Richmond-San Rafael Bridge; Mount Tamalpais; The Tiburon Peninsula or surrounding communities (including the city of San Francisco). Windowing: A form of thinning by which openings or "windows" are created to restore views and or sunlight. t section 15-3. Rights Established. Persons shall have the right to preserve and seek restoration of views or sunlight which existed at any time since they purchased or occupied a property, when such views or sunlight are from the primary living area or active use area and have subsequently been unreasonably obstructed by the growth of trees. In order to establish such rights pursuant to this Chapter, the person must follow the process established in this Chapter. In addition to the above rights, private parties have the right to seek remedial action for imminent danger caused by trees. All persons are advised that the alteration, removal, and planting of certain trees requires a permit under Chapter 15A of the Tiburon Town Code (Trees). The applicability of Chapter 15A should be determined prior to any action on trees. section 15-4. Unreasonable Obstruction Prohibited. (a) No person shall plant, maintain, or permit to grow any tree which unreasonably obstructs the view from, or sunlight reaching, the primary living area or active use area of any other parcel of property within the Town of Tiburon. I (b) Because the maintenance of views and sunlight benefits the general welfare of the entire Town, any unreasonable obstruction of views or sunlight from the primary living area or active use area shall also constitute a public nuisance. Section 15-5. criteria for Determining Unreasonable obstruction. The following criteria are to be considered (but are not Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 5 t j , '4 . . exclusive) in determining whether unreasonable obstruction has occurred: (a) The extent of obstruction of pre-existing views from, or sunlight reaching, the primary living area or active use area of the Complaining Party, both currently and at tree maturity. (b) The quality of the pre-existing views being obstructed, including obstruction of landmarks, vistas, or other unique features. (c) The extent to which the trees interfere with efficient operation of a Complaining Party's pre-existing solar energy systems. t (d) The extent to which the Complaining Party's view and/or sunlight has been diminished over time by factors other than tree growth. section 15-6. criteria for Determining Appropriate Restorative Action. When it has been determined that unreasonable obstruction has occurred, then the following unweighted factors shall be considered in determining appropriate restorative action: (a) The hazard posed by a tree or trees to persons or structures on the property of the Complaining Party including, but not limited to, fire danger and the danger of falling limbs or trees. (b) The variety of tree, its projected rate of growth and maintenance requirements. (c) Aesthetic quality of the tree(s),' including but not limited to species characteristics, size, growth, form and vigor. t (d) Location with respect to overall appearance, design, or use of the Tree Owner's property. (e) Soil stability provided by the tree(s) considering soil structure, degree of slope and extent of the tree's root system. (f) Privacy (visual and auditory) and wind screening provided by the tree(s) to the Tree Owner and to neighbors. Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 6 \ 1 I .:<; (g) Energy conservation and or climate control provided by the tree(s) . (h) wildlife habitat provided by the tree(s) . (I) Whether trees are "Protected Trees", as defined herein. section 15-7. Types of Restorative Action. Restorative actions include but are not limited to the following: trimming thinning or windowing topping removal with replacement plantings removal without replacement plantings t In all cases, the documentable extent of view or sunlight existing at any time during the tenure of the present owner or legal occupant is the maximum limit of Restorative Action which may be required. Restorative Action may include written conditions (including ongoing maintenance), and directions as to appropriate timing of such actions, and may be made to run with the land and apply to successors in interest. Where removal is required, replacement by appropriate species should be considered. In cases where trimming, windowing, or other Restorative Action may affect the health of a tree which is to be preserved, such actions should be carried out in accordance with standards established by the International Society of Arboriculture for use in the State of California. section 15-8. Town Guidelines Concerning Restorative Action. The Town of Tiburon provides the following general guidelines concerning restorative actions: I Undesirable Trees. By reason of their tall height at maturity, rapid growth, dense foliage, shallow root structure, flammability, breakability, or invasiveness, certain types of trees have been deemed "undesirable" by the. Town, including Blue Gum Eucalyptus, Coast Redwood, Monterey Pine, Monterey Cypress trees, or any other tree which generally grows more than 3 feet per year in height and is capable of reaching a height of over 35 feet at maturity. When considering restorative action for "undesirable" trees, aggressive action is preferred. Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 7 t Protected Trees. The Town of Tiburon has designated certain trees to be "protected trees", defined in section 15-2. Any alteration or removal of protected trees will require a permit from the Town's Planning Director pursuant to Chapter 15A of the Tiburon Town Code. stump Growth. Stump growth generally results in the hazard of weak limbs, and its protection is not desirable. When considering restorative action for stump growth, aggressive action is preferred. Restorative action which will result in future stump growth should be avoided. Trimming. Trimming is the most minor form of physical restorative action. This option is recommended when minor unreasonable obstruction has occurred, provided that ongoing maintenance is guaranteed. t Thinning or Windowing. When simple trimming will not resolve the unreasonable obstruction, thinning or windowing may be necessary. These should be supervised by a certified arborist. Topping. Topping as a restorative action should be used with caution. Topping can have deleterious effects on a tree's health, appearance, and cost of maintenance. Topping frequently results in stump growth. Tree removal, with replacement plantings, may be a preferable alternative. Removal. Tree removal may be required where such removal is essential to preserve pre-existing views or sunlight. While normally considered a drastic measure,tree removal can be the preferred solution in many circumstances. Maintenance. Ongoing tree maintenance requi)p:~ments are strongly recommended as part of Restorative Action in order to achieve lasting preservation of pre~existing views or sunlight. Permanence. Conditions of Restorative Action should be recorded and run with the land to help guarantee permanent preservation of pre-existing views and sunlight. t Section 15-9. Process for Resolution of Obstruction Disputes. The following process shall be used in the resolution of view and sunlight obstruction disputes between parties. 1. Initial Reconciliation: A Complaining Party who believes that tree growth on the property of another has caused unreasonable obstruction of views or sunlight from the primary living area or active use Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 8 , . , ~ area shall notify the Tree Owner in writing of such concerns. The notification should, if possible, be accompanied by personal discussions to enable the Complaining Party and Tree Owner to attempt to reach a mutually agreeable solution. If personal discussions fail, neighborhood associations may be willing to assist with the resolution of the obstruction dispute. For trees located on Town-owned property, see section 15-16. 2. Mediation: If the initial reconciliation attempt fails, the Complaining Party shall propose mediation as a timely means to settle the obstruction dispute. t Acceptance of mediation by the Tree Owner shall be voluntary, but the Tree Owner shall have no more than 30 days from service of notice to either accept or reject the offer of mediation. If mediation is accepted, the parties shall mutually agree upon a Mediator within 10 days. It is recommended that the services of a professionally trained mediator be employed. The County of Marin provides professional Mediation Services at a nominal cost. The mediation meeting may be informal. The mediation process may include the hearing of viewpoints of lay or expert witnesses, and shall include a site visit to the properties of the Complaining P~rty and the Tree Owner. Parties are encouraged to contact immediate neighbors and solicit input. . The Mediator shall consider the purposes and policies set forth in this Chapter in attempting to help resolve I the dispute. The Mediator shall not have the power to 1 issue binding orders for Restorative Action, but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for binding arbitration or litigation. section 15-10. Tree Claim preparation. In the event that the Initial Reconciliation process fails, and mediation either is declined by the Tree Owner or fails, the Complaining Party must prepare a Tree Claim, and provide a copy to the Tree Owner, in order to pursue either binding arbitration or litigation under the authority established by this Chapter. Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 9 \) ~ I .~ ( A Tree Claim shall consist of all of the following: (a) A description of the nature and extent of the alleged obstruction, including pertinent and corroborating physical evidence. Evidence may include, but is not limited to photographic prints, negatives or slides. Such evidence must show absence of the obstruction at any documentable time during the tenure of the Complaining Party. Evidence to show the date of property acquisition or occupancy by the Complaining Party must be included. (b) The location of all trees alleged to cause the obstruction, the address of the property upon which the tree(s) are located, and the present tree owner's name t. and address. (c) Evidence of the failure of initial reconciliation, as described in section 15-9, to resolve the dispute. The Complaining Party must provide physical evidence that written attempts at reconciliation have been made and have failed. Evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence. (d) Evidence that mediation, as described in section 15-9, has been attempted and has failed, or has been declined by the Tree Owner. (e) Specific restorative actions proposed by the Complaining Party to resolve the >unreasonable obstruction. section 15-11. Binding Arbitration. In those cases where the initial reconciliation process fails and where mediation is declined by the Tree Owner or has failed, the Complaining Party must offer in writing to submit the dispute to i..,. binding arbitration, and the Tree Owner may elect binding 1 arbitration. The Tree Owner shall have 30 days from service of notice to accept or reject binding arbitration. If accepted, the parties shall agree on a specific Arbitrator within 21 days, and shall indicate such agreement in writing. The Arbitrator shall use the provisions of this Chapter to reach a fair resolution of the Tree Claim and shall submit a complete written report to the Complaining Party and the Tree Owner. This report shall include the Arbitrator's findings with respect to sections 15-5 and 15-6 of this Chapter, a pertinent list of all Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 10 ~ II , .. mandated Restorative Actions with any appropriate conditions concerning such actions, and a schedule by which the mandates must be completed. A copy of the Arbitrator's report shall be filed with the Town Attorney upon completion. Any decision of the Arbitrator shall be enforceable pursuant to the provisions of Code of civil Procedure section 1280 et seq. section 15-12. Litigation. In those cases where binding arbitration is declined by the Tree Owner, then civil action may be pursued by the Complaining Party for resolution of the view or sunlight obstruction dispute under the rights and provisions of this Chapter. The litigant must state in the lawsuit that arbitration was offered and not accepted, and that a copy of the lawsuit was filed with the Town Attorney. A copy of any order or settlement in the lawsuit shall also be filed with the Town Attorney. t section 15-13. Apportionment of Costs. Cost of Mediation and Arbitration: The Complaining Party and Tree Owner shall each pay 50% of Mediation or Arbitration fees, unless they agree otherwise or allow the Mediator or Arbitrator discretion for allocating costs. Cost of Litigation: To be determined by the Court or through a settlement. Cost of Restorative Action: To be determined by mutual agreement, or through mediation, arbitration, court judgment, or settlement. section 15-14. Liabilities. The issuance of mediation findings, an arbitration report or a court decision shall not create any liability of the Town with regard to the Restorative Actions to be performed. Failure of the Town to enforce provisions of this Chapter shall not give rise to any civil or criminal liabilities on the part of the Town. I section 15-15. Limitations. It is not the intent of the Town in adopting this Chapter to affect obligations imposed by an existing easement or a valid pre-existing covenant or agreement. Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 11 t i , .~ section 15-16. Trees on Town-owned property. Trees located on Town-owned property are exempt from the provisions of this Chapter. Requests or complaints regarding trees located on Town-owned property should be made in writing to the Superintendent of Public Works for consideration in accordance with policies adopted by the Town. t t Town ofTiburon Municipal Code Chapter 15: Views & Sunlight Effective 1/2/92 12 , Professional construction management for homeowners, nonprofits and businesses . · New Homes · Remodels · Feasability Studies · Dispute Resolution · Expert Witness . 124 Locust Avenue Mill Valley California 94941 Tel4IS.389.6346 Fax 4IS.389.98IS Steven Podesta The Owner s Advocate Ifew.- a. February 8, 1999 REceIVED FEB 1 0 1999 PLANNING DEPARTMENT TOWN OF TlBURON Scott Anderson Director of Planning Tiburon Planning & Building Department 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Scott, I am seeking a waiver of the building permit fees for an upcoming construction project at the National Audubon Society's Richardson Bay Nature Sanctuary on Greenwood Beach Road. In general, the project is a remodel of the building that houses the classrooms and the nature store. The value of the project is roughly $150,000. Without relief, I am anticipating that the Audubon Society would have to pay roughly $2,500 for building permits and plan checking. The Richardson Bay Sanctuary is a very valuable asset to the town of Tiburon. Every year, thousands of children attend the educational programs offered at the sanctuary. Thousands of others hike the nature trails of this unique property Wednesday through Sunday. While the sanctuary is helping youth and adults to better appreciate nature, it is also bringing a great deal of money into the ,community, because those that visit buy food, gas and other items. ., As with most nonprofit construction projectsi: money .is 'hard to come by. We are currently looking for an additional $30,000 for 'exhibits in the new "Exhibit" area. If the city agrees to waive the building permit and plan check fees, you can be certain that the money saved would be used on these educational exhibits. We hope to apply for a building permit this Friday, the 12th. I would very much appreciate anything that you can do for us. We have already received design review approval. Emi Theriault was the planner. Thank you. Sincerely, Steven Podesta 12-1 , l \ " ~ 1 -1 I r , .~ t , 1 , , 1.-. , \. . .. .~; I " j I t , , ,. ~ , r ..~ f 1 }' ~ .' ;. J.icl . 'f :', '. ,;" , , TOWN OF TIBURON STAFF REpORT I , ,~ ITEM NO. /3 To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER DOWNTOWN MAIN STREET ASSESSNIENT DISTRICT FEBRUARY 17, 1999 BACKGROUND t Last December the Town Council adopted Resolution No. 3314 stating its intention to establish a benefit assessment district in downtown Tiburon on lower Main Street. The purpose of the assessment district would be to assist the downtown Main Street property owners in achieving ADA compliance by constructing certain street, sidewalk and access improvements. .#.. J ~ The proposed assessment district area includes nine (9) major downtown property owners representing fourteen (14) assessor's parcels located adjacent to lower Main Street. The preliminary estimate of construction costs, including engineering, design, environmental review, construction management and contingency is approximately $330,000. The City of Belvedere and Town of Tiburon have previously approved contributions of $60,000 each towards the improvements. ,- ~.< f. .~ The initial step in the assessment district process is to retain ari e~gineer to p~oceed with the design of assessment district project improvements, determine.the estim~ted cost of the project improvements, and finally determining the benefit spread of the district 'costs. ANALYSIS I Several local engineering firms were considered for both the design and assessment district engineering work. I.L. Schwartz Associates, Inc. of Nova to was considered to be the most qualified engineering firm for this project. They have considerable experience with assessment district procee'dings and have served as assessment district engineer for many Marin County and Tiburon Peninsula projects in the past. Prior to submittal of their proposal. Mr. Schwartz met on site with Mayor Bach, Councilmember Gram, Town Engineer Barmand and Town Manager Kleinert to discuss the scope of the project. The Schwartz Associates proposal is comprehensive and their fee competitive. It should be noted that a local Marin architect will also be utilized in the design effort and those costs are included in , the basic fee. An ADA consultant (Richard Skaff) will also provide assistance and these costs included as a separate line item in the assessment district budget. , , I I i , ~ J ~ ~ ~ ~ .~ ~ r i i ~ , r t ., I Design engineering and assessment district engineering costs will be reflected as individual line items in the district budget. The Town will receive credit for those up-front engineering costs from its previously committed contribution to the assessment district improvement project. Assuming concurrent appointment ofIrv Schwartz as the Town's new contract engineer, there is an additional matter that should be addressed at this time. While there is no apparent conflict with the Town's contract engineer providing assessment district engineering services for the Main Street ADA project, it is recommended that the engineering task and the fee allocation associated with the benefit spread determination be removed from the Schwartz proposal and be contracted for separately by the Town. By separate letter (attached) Mr. Schwartz has removed this function and related fee from his contract proposal. Former Town Engineer Sia Barmand has also offered to assist the Town regarding the assessment district improvements design review and proceedings if there are concerns of possible conflict. RECOMMENDA TION It is recommended that the Town Council approve I.L. Schwartz Associates, Inc. to provide the lower Main Street Assessment District engineering and civil engineering services as outlined in their January 21, 1999 proposal to the Town Manager and subsequent February lOth letter. This includes (1) civil engineering and architectural services, and (2) assessment district engineering services as follows: ~ Main Street Civil Engineering Services: ~ Main Street Assessment Engineering Services: $24,750 $ 4.100 TOTAL $~8,850 f "", ' , '1 . . The above approval includes authorization for the T own Manager~to execute the amended work order and agreement with I.L. Schwartz Associates for the tasks outlined in the January 21, 1999 proposal, excluding the benefit spread analysis function. I .1 EXHIBITS 1. I.L. Schwartz Associates, Inc. letter proposal to the Town Manager dated 1/21/99 2. I.L. Schwartz Associates, Inc. letter regarding the benefit spread engineering services, dated 2/10/99 , I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING t , .~, January 21, 1999 RECEIVED JAN 2 2 1999 Robert L. Kleinert, Town Manager T own of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 TOWN MANAGERS OFFICf TOWN OF TIBURON RE: Lower Main Street Assessment District Dear Bob: t It is a pleasure for us to provide the Town of Tiburon with the following proposal to provide Assessment Engineering and Civil Engineering Services for the improvements to lower Main Streets in order to resolve certain ADA access deficiencies while at the same time enhancing traffic flow, parking and aesthetics. In order to prepare this proposal, I have met on site with you, the Town Engineer, the Mayor and a Council Member. I have also reviewed your file including the "Tiburon Main Street Task Force, Summary of Task Force Findings" dated August 27, 1998. It is my understanding that the street and sidewalk area of lower Main Street between Tiburon Boulevard and the turning circle would be improved in order to provide ADA compliant access to all adjoining businesses. As recommended in the Task Force Summary, the design would include two traveled lanes, parking on one side with the sidewalks widened somewhat in order to address the ADA issue and consideration would be given to elimination of the curbs. The actual configuration of the street and parking as well as the sidewalk and street area surfacing materials would be developed in consultation with representatives of the Town, adjacent property owners and business owners. ' A.side from our OVvTI staff, we plan to tap the expertise uf Ed ward Hageman, a long time JvIarin County Architect, in developing the details for the interface of the new sidewalk and the existing buildings. I Once the plans have been sufficiently developed, we will prepare a preliminary cost estimates as well as a proposed Method of Assessment Spread as a part of our function as Assessment Engineer. Additionally, we will prepare the required maps and other documents in consultation with Bond Council and Bond Underwriter in order to establish the Assessment District for funding of this project. We propose to include in the budget for the Assessment District, a fee to cover the services of an ADA Consultant in order that the Town can be assured that the design, as developed, complies with all ADA criteria. I have talked to Richard Skaff, who has agreed to perform this service, if desired by the Town. L EXHIBIT NO. ~ 79 GALLI DRIVE NOVATO I CA 94949-5705 (415) 883-9200 FAX 883-2763 Page 2 i January 21, 1999 Robert L. Kleinert, Town Manager Town ofTiburon RE: Lower Main Street Assessment District Continued Our current schedule will allow us to begin work on this project within two weeks of your authorization to proceed. The first order of work relative to the actual design of the project will be to perform a detailed Topographic Survey of the area and the first order of work relative to the Assessment District will be to prepare the Proposed Boundaries Map for incorporation into the petition asking the Town to commence Assessment District proceedings. Construction Documents including detailed plans and specifications for the improvements would be completed by us within twelve weeks of your authorization to proceed after which bids would be solicited and the public meetings and hearings scheduled in order to conclude formation of the District towards the end of 1999 so that construction could commence following the Christmas 1999 shopping season. ~ A listing of the scope of services that we would provide to the Town of Tiburon are as follows: 1. Civil Engineering a. Prepare a detailed Topographic Map of the street and adjacent area. b. Meet with affected property owners, business owners, utility agency representatives and Town representatives to coordinate the design of the project. c. Prepare detailed construction plans, details, and contract documents for construction of the improvements. d. Provide telephone consultation with Town representatives, bidders, owners, and utility agency representatives to answer engineeripg questionsabout the improvements. 2. Assessment Engineering t a. Prepare map showing proposed boundaries of the Assessment District. b. Check the adequacy of signatures on the petitions for the project. c. Prepare a general description of improvements. d. Prepare an estimate of the cost of the improvements. e. Prepare an Assessment Diagram showing the parcels of land to be assessed. f. Prepare a written rational for the spread of the assessment over the properties within the District g. Prepare assessment of the total cost of the improvement on benefited parcels of property within the assessment district. h. Prepare a list of the names and addresses of all owners of land within the assessment district in accordance with the records of the County Assessor. 1. Attend up to two general meetings and up to three Town Council meetings/hearings. , I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING Page J j , January 21, 1999 Robert L. Kleinert, Town Manager Town ofTiburon RE: Lower Main Street Assessment District Continued Our scope of services proposed at this time does not include preparation of Environmental Documents, Construction Coordination and Contract Administration, Construction Staking, or Construction Inspection. U sing our standard hourly rates and our estimation of the time involved to perform the various tasks outlined above, our fixed fee for Civil Engineering services including the services of Edward Hageman, is $24,750.00. Our fixed fee for Assessment Engineering services is $5,150.00. t Any authorized extra work will be charged at our standard rates unless other prior arrangements are made. We look forward to working with the Town of Tiburon on this project and are ready to commence work, as stated above, within two weeks of your authorization to proceed on the attached Work Order and Agreement. However, if you have any questions or desire additional information or would like my attendance at a Town Council meeting, please feel free to ('qll on me. Sincerely, I ILS/ dlh CORRESPO.JOB MAINSTPR.L TR " I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING j ~ ~ t , I.L. SCHWARTZ ASSOCIATES, INC. CIVIL ENGINEERING AND LAND SURVEYING i , February 10, 1999 RECEIVED FEB 1 1 1999 Robert L. Kleinert Town Manager Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON RE: Lower Ivlain Street Assessment District t Dear Bob: This letter is a follow-up to our conversations regarding the potential appearance of a conflict of interest if our firm is selected to provide the Town of Tiburon with Civil Engineering Services for the Lower Main Street Assessment District and also provides the services of Assessment Spread Engineer. In order to prevent any potential problem or conflict it is suggested that the function of Assessment Spread Engineer be specifically deleted from our scope of services and that the Town of Tiburon hire an independent Civil Engineer to perform this specific service. Specifically this would delete items 2f and 2g from our scope of services as included in our letter to you of January 21, 1999. With scope of services items 2f and 2g deleted, our fixed fee for Assessment Engineering is $4,100.00. If you have any questions or desire additional information, please feel free to call on me. Sincerely, t ILS/ dlh CORRESPO.OFF MAINST2.L TR EXHIBIT NO. .2 ~ 79 GALLI DRIVE NOVATO, CA 94949-5705 (415) 883-9200 FAX 883-2763 ) I, i t . T-le/f4. it Ii .t == GOLDEN GATE BRIDGE. HIGHWAY AND TRANSPORTATION DISTRICT CARNEY J. CAMPION t J :~ ~ GENERAL MANAGER RECEIVED FEB - 5 1999 ~~ , February 1, 1999 Mr. Robert Kleinert Town Manager Town ofTiburon 1505 Tiburon Boulevard Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TliURQN .~~ J ; t t' t Re: Bus Shelters , t ~ Dear Mr. Kleinert: The Golden Gate Bridge, Highway and Transportation District ("District") is pursuing efforts to reduce operating costs by seeking relief from on-going bus shelter maintenance and to also generate added revenue for District transit programs. In this regard, the District is seeking proposals from interested firms to implement a program of bus shelters with advertisements within the District's service area. .~ t ~, The District currently nlaintains 115 bus shelters throughout the Counties of Marin and Sonoma, of which four are located in the Town ofTiburon ("Town"). In this regard, the District is requesting the Town's agreement regarding inclusion of these shelt,~rs, and future shelters that may be installed, in the new bus shelter advertising program. Shcit)ld the Town prefer, the District would be willing to transfer title to the Town for the;t,us sllelters along with on-going maintenance and repair. '\ ..:.' \, The District is eager to proceed with preparations necessary to so'lcit proposals for its bus shelter advertising program; therefore, a timely response would be appreciated. , If additional information is required, please call or write Wayne Diggs, Bus Transit Manager, at (415) 257-4422, 1011 Andersen Drive, San Rafael, CA 94901. c: Wayne T. Diggs, Bus Transit Manager h:\BT-99-O1 \City Town County , BOX 9000. PRESIDIO STATION · SAN FRANCISCO. CALIFORNIA 94129-0601 . TELEPHONE 4151921-5858 , ~. II<- '} ~ t I ! 1 J ~ ~ ~ \ f J . .~ I r , .~ 1 ~' ,I. . . \- I ., , TIBURON TOWN COUNCIL STAFF REPORT t MEETING: TO: FROM: SUBJECT: February 17, 1999 TOWN COUNCIL RICHARD STRANZL, FINANCE DIRECTOR S1REET IMPROVEMENT PROGRAM - STATUSIUPDATE ITEM: I~ . i: ~ ~ " >II This item is to provide status information concerning the Town's Street Improvement Program. i ,: ~ ~ i ., f l' ~ .,' ! , BACKGROUND DISCUSSION 1. Fiscal Year 1997-98 Status Budgeted $526500 Expended: $351 000 , r The Town appropriated $526,500 of Gas Tax Fund resources for street improvement projects, for engineering and resurfacing and contingency costs. Many of the approved street improvement projects were carried forward:from 1996 and 1997. A total of eighteen (18) improvement projects were complet~ there were also storm-related contingency repairs that were undertaken and charged to the ftmd. A total of $350.500 was expended for resurfacing improvements, contingency repairs, and engineering. Six (6) projects, with a combined estimated cost of $247.000, were catned forward to FY 1999. .~ 1 2. Fiscal Year 1998-99 Status Budgeted $621 200 Expended: $ 2500 t .~ The Town has now appropriated $621,200 of Gas Tax Fund resources for street projects, contingency repairs, and engineering. At this time twenty (20) projects are authorized for completion. Initial budget plans called for the appropriation of$417,OCYJ: Including carry-forward projects, a total of eleven (11) projects are scheduled for completion (at this time. it appears that the Greenwood Beach Road project will be carried forward due to MMWD plans.) As part of the County Flood Control Zone-funded Bel Aire Project ($700,000 to' imprpyesidewalk, curb, gutter and drainage facilities) the Town was required to, and agreed to, undertake improvement of cerlainStreets - Blackfield Drive, Pamela Ct., Harriet Ct. - in the Bel Aire neighborhood. The Town has allocated over $96~OOdtOr this purpose. ; .,1 ~, .1~ \ When the Town Engineer submitted these street projects for bid he also requested'~ altemate:bJd'~ other streets, including some scheduled for FY 2OCYJ. Because the alternate bid was favorable the Town ~nsmeer .recommended that these projects be moved up and undertaken now. The Town appropriated $156,OCYJ for the alternate projects (these monies were advanced from the General Fund Reserve.) t 3. Fiscal Year 1999-00 Status Budgeted $274 000 Expended: $ o Most of the street projects scheduled for FY 2000 have been moved up and scheduled for completion in FY 1999, however because the Town expects to receive State Transportation ftmds , there are street improvement projects which will be scheduled in FY 2000. In December 1998, The Marin County Congestion Management Agency indicated that the Town will receive State Transportation Funding (STIP) in the amount of $247,000 for roadway rehabilitation and overlays for nine (9) streets projects recommended by the Town Engineer. The Town agreed, as a condition of receiving these monies, to appropriate an additional $27,CXXJ to completely ftmd the proposed projects. The Town Engineer anticipates that the Town will receive these monies at the end ofFY 1999, and that the projects will be completed during FY 2000. , Streets Improvement Program Status Report Town Council, February 17, 1999 . 1 4. Gas Tax Fund Status .1 ~ The majority of Town street improvements are funded with Gas Tax proceeds. In FY 2000 Gas Tax proceeds will be used to repay the advance of monies from the General Fund Unallocated Reserve. By FY 200 1, Gas Tax proceeds will be utilized to fund street projects on a current basis, as the fund's reserve balance will be approximately $20,000. t I ~~, FY 1999 FY 2000 FY2001 Beginning Balance, July 1 st $305,000 $ 22,000 $ 21,000 Revenue from Gas Tax & Interest 182,000 175,000 175,000 Advance from General Reserve 156,000 Expenditures for Projects & Engineering -621 ,000 - 20,000 -175,000 Repay Advance to General Reserve -156,000 Ending Balance, June 30th $ 22,000 $ 21,000 $ 21,000 5. Prqjeets Completed or Scheduled. 1998-2000 ~! , .!/ ! ~ 1 '\ { t t !' FY 1997-98. Completed FYI998-99. Scheduled FY 1999-2000. Scheduied* , r Durini this period it is estimated that the Town will complete $1 245700 in street il:Qprovement prqjects~ of this amount $972,000 in Gas Tax proceeds will be utilized, and State STIP funds ($274,000) will be used to fund the difference. Lyford Drive Esperanza Theresa Court Mar East I McCart Court Venus Court Sommer Court Terrace N. Terrace Stewart Palmer Court Lagoon Vista Pine Terrace Mara Vista Mar East n East Terrace Centro West n Centro West I Apollo Road Beach Road Blacldield Drive Cayford Drive Cecilia Way, lower Centro West Claire Way Corte Las Casas Corte Palos Verdes Greenwood Beach Road Harriet Way Juno Road Karen Way Leland Way Mercury Road Pamela Court Racoon Lane, seal Reed Ranch Road Southridge Road Southridge West Vistazo West Solano Street Centro East Virginia Drive Comstock Drive Silverado Drive Jefferson Drive Irving Court Washington Court , ~ t f f . ,\ ..'.' y. J.j,,, . .\!l1 ~/I., ' I ;,~. .. \ , ,~ ,. .~. I .. $350,500 actual $621,200 estimated $274,000 estimated .State Transportation funded projects (FY 2000). 6. Future Street IInprovement Projects By the end of the current fiscal year, the Town will have completed many of the projects developed by Former Town Engineer Bannand in 1995, and it will be an important responsibility of the new Town Engineer to evaluate our streets and develop a new multi-year Street Improvement Plan. , Streets Improvement Program Status Report Town Council, February 17, 1999 2 .r' rk~ -:F/~ I . ~' TOWN OF TIBURON MEMORANDUM 1 ~ ~ .\ I ;. } ~' TO: FROM: SUBJECT: ROBERT KLEINERT, TOWN MANAGER SCOTT ANDERSON, PLANNING DIRECTOR* REED RANCH ROAD @ TIBURON BOULEVARD INTERSECTION: POSSmLE ROADWAY IMPROVEMENTS 2/10/99 I . DATE: , f t I met recently with Councilmember Thompson, who described for me some possible roadway improvements near the Reed Ranch Road intersection with Tiburon Boulevard. Briefly, these are as follows: } . Extend the existing merge lane for right turns from Reed Ranch Road onto westbound Tiburon Boulevard. A "yield" sign currently regulates this transition. According to Councilmember Thompson, rear-end accidents are common at this location. t l' . Create a dedicated merge/acceleration lane on Tiburon Boulevard to accommodate left-hand turns from Reed Ranch Road onto eastbound Tiburon Boulevard. Currently, drivers "hide' their vehicles in between the landscape islands on Tiburon Boulevard until it is safe to enter the ~qw of eastbound traffic on Tiburon Boulevard. '.. . I .\ . Reposition the existing two-lane to one-lane merge on eastbound 1;ifJ~on Boule,vard from its current location near the entrance to Blackie's Pasture Park westward a sufficient distance to accommodate the , ,\ ., proposed dedicated merge/acceleration lane from Reed Ranch Road onto eastbound Tiburon Boulevard. These improvements, if pursued, would probably require changes to raised landscape islands, pavement striping, and possible grading and retaining of slopes. While the scope of physical improvements associated with these proposals is not dramatic, there could be complex and far-reaching operational and safety consequences associated with the proposals. I Should the Town Council direct Staff to further pursue these proposals, it is my recommendation is that some level of internal review and analysis (Town Engineer and Traffic Safety Committee) take place before Caltrans becomes involved. Based on past practice, the Town of Tiburon would be responsible for designing and constructing any improvements in the area. The County of Marin Public Works Department should also be consulted, as all of Tiburon Boulevard west of the Baptist Church is in unincorporated territory. I have attached an enlarged section of aerial photograph identifying the area of proposed improvements. , '.-"")'-~"" ?''If,i-''''~~'~'''~''~~J,~~,_,t ,...,...,,-,.. .'--'.' ,- .,..............-..,"'."". .... ...., . ~'I.O ,~ Reposition the existing two-lane to one-lane merge on eastbound Tiburon Boulevard from its current location near the entrance to Blackie's Pasture Park westward a sufficient distance to accommodate the proposed dedicated merge/acceleration lane from Reed Ranch Road onto eastbound Tiburon Boulevard. ~ Create a dedicated merge/acceleration lane on Tiburon Boulevard to accommodate left-hand turns from Reed Ranch Road onto eastbound Tiburon Boulevard. TOWN OF TIBURON MEMORANDUM TO: FROM: SUBJECT: DATE: TOWN COUNCIL SCOTT ANDERSON, PLANNING DIRECTOR ~ MULT~USEPATHSURVEYFORMS 2/10/99 BACKGROUND I~M. I~ . ~. 1 ~ ~ '{ ~ ~, i .~' f , , , f The Parks & Open Space Commission has been developing a survey questionnaire to administer to users of the Multi-use Path. Information on users of public paths is often helpful in securing funding or grants monies for improvements to public parks such as the Richardson Bay Lineal Park. .! , , r Parks & Open Space Commissioners Alice Fredericks and Judy Burgin have prepared a draft survey form. Councilmember Thompson and Town Staff have been working with the POSC members on the information to be solicited from Multi-use Path users. It is anticipated that the surveys would be conducted once good weather arrives. " ~.' \.. , ; .. ~ . { The draft survey form is submitted for the Town Council's review. 'and comm~nt at the request of Councilmember Thompson. ...\ .. i<:. .' '}'" EXlllBITS 1. Draft survey form. t -l- , -"'~,;~~""' .......~... .''^""",",C'_.-.'~_''~'''''' c,.~ -...,.. ~.,. ,., MULTI USE }lATH USE SURVEY Resi- dence Tiburon Belve- Corte Mill Straw- Other Ala- Contra Napa San Santa Sonoma Other Other dere Madera Valley berry Marin meda Costa Fran- Clara U.S. Coun- CISCO tries ~ ....... .... ~ - . How did Car .. - you Parking.:. . -- arrive? - .::-' - - 11/1111 Bus Ferry Bike Car Walk Other //1/1/ . BIaclde' s Down- Park & Other 11/1/1/ III/II town Ride Tiburon Lots Use Fre- Activity quency 1///// Daily 1-5 1-5 1-5 1////1 Walk Bike Dogs Jogl Skate/ Other ///11/ Times/ Times/ Timesl 1///// Run Ro lIer week Month Year Blade Date Tune Person Conducting Survey I/e~ -;:: If' I .jjl I !:l< TOWN OF TIBURON MEMORANDUM ~ J! 1 l 'i .~ f TO: FROM: SUBJECT: DATE: ROBERT KLEINERT, TOWN MANAGER /1 SCOTT ANDERSON, PLANNING DIRECTOR~-\ - MMWD FIRE FLOW MASTER PLAN PIPELINE WORK FEBRUARY 10, 1999 , i The Marin Municipal Water District has submitted its application to the Town for an Encroachment Permit to perform pipeline replacement and installation pursuant to its Fire Flow Master Plan. i .i ~ will be performing work along a major portion of Greenwood Beach Road and in two separate locations in Blackie's Pasture Park. Please refer to the attached drawing. ~TI hopes to begin the work in March and complete it in August 1999. ~ j I I :f 1 Following completion of the work in Blackie's Pasture, the Town has previously agreed to grant an easement for ~'s most easterly pipe as shown on the dr~:wing. There is currently no easement in this location. In exchange for the easement, :MMWD waived review fees and provided water allocation credit for the Blackie's Pasture R~~.irq~rn project. ~ ,~. \- The Town ofTiburon postponed planned roadway improvement ~ork.6nGreenwood Beach Road until such time as ~ completed with the pipeline work, which by necessity will damage the road surface. I ~ t ) ~ P'1 ~ -r\ fT1 AJ V) o z. ,',....:.>:..,-;. i,\'.;. ,;. '. ... " -..,:')./' ,.'I"j).i v.. ". ~.' ,~,llt.t'.Pf'~ . .. 021~:;:~~1~1~~; .' .'. : ~"lh..~.t .,..,.,~.,....~~~-~ · ::'~~i~i~~~;~~~~:l 4 'Wy .-.---.- .------ :', .~: ~ . ........ _ I, \' ~_'f I I ,~( . I I '[CILIA ,~.._/ -- - --------- .". - ), WAY ,\ l\ \ -f>~~ ~ <: C) :z: \ \ , . .. :,~ .~~' ,.~,. . ; ~\ ~ :r,.: ~I.. ~., . . . ,. \ . . ~ .~- ;.. '~. ,. RICHARDSON BA Y .~ \ l ~vA\t\. INSTALL 2240 LF OF IB"WSP INSTALL 40 LF OF 16 "WSP WSP=Welded Steel pipe INSTALL 380 LF OF .., .............. '.",-,. .... <,. -.................."'................- ,.,~ '\. . . .' , '-..... . /.. ~ . ~ ~.~~.z;.i11l~Jl\.,.. _~l__ -Jii".......Mat;L;_,~f<, ~ ~."j;:.:.i.,