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Home My WebLink AboutTC Agd Pkt 2008-08-20 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard . Tiburon, CA 94920 Regular Meeting Tiburon Town Council August 20, 2008 7:30 p.m. AGENDA TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor Fredericks, Mayor Slavitz ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION . Recognition of Bicycle/Pedestrian Advisory Committee members CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of August 6, 2008 meeting (Town Clerk Crane Iacopi) ACTION ITEMS 1. Appointment of Artist Laureate - Consider adoption of resolution appointing Mary Musalo to serve as Town Artist Laureate and authorize Town Manager to sign agreement on behalf of the Town of Tiburon (Town Manager Curran/Heritage & Arts Commission Chair Bremer) 2. Hours of Delivery on Main Street - Consider request by Tiburon Peninsula Chamber of Commerce and adoption of resolution to extend hours of delivery on Main Street (Town Manager Curran) 3. Suicide Barrier on Golden Gate Bridge - Consider adoption of resolution in support of Golden Gate Bridge District's finding a solution to deter & prevent further suicides from the bridge (Town Manager Curran) PUBLIC HEARINGS 1. Update Town Traffic Ordinance - Consider adoption of ordinance amending Chapter 23 of Town Code pertaining to motor vehicles and traffic (Town Manager Curran) ; 2nd reading & adoption TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - August 8, 2008 . Town Council Weekly Digest - August 15, 2008 ADTOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435; 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere; Tiburon Library located adjacent to Town Hall. Agendas and staff reports are posted on the Town's website, \VWW .ci. tiburon.ca. us. Materials related to an item on this agenda submitted to the Town Council after distribution of the agenda packet are available for public inspection at Town Hall during normal business hours. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability;related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. cc-; D- Jc r-t h. rBT .. j~:\.Jt4I- I TOWN COUNCIL MINUTES CALL TO ORDER eeting of the Tiburon Town Council to order at 7:38 p.m. Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Collins, Fredericks, Gram, Slavitz PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Crane Iacopi INTERVIEW - Vacancies on Boards & Commissions . Jeff Foran, 52 Linda Vista Avenue At 7:15 p.m., prior to the regular meeting, the Town Council interviewed Jeff Foran for a vacancy on a town board or commission. ORAL COMMUNICATIONS Tiburon residents Sarah Barr, her sister Nora, her mother Elizabeth, and John Brooks, all spoke in favor of erecting a suicide barrier on the Golden Gate Bridge. Ms. Barr provided the Council with a sample resolution that she drafted with the help of town staff urging the Bridge District to move forward with plans to erect a physical barrier. Town Manager Curran pointed out that staff had stopped short of endorsing a particular solution while supporting the Bridge District's public process. Citing the immediacy of the issue to town residents, including the suicide earlier this year of Mr. Brooks' daughter, Casey, Council agreed to hear further discussion of the matter at the August 20 meeting. PRESENTATIONS · Recognition of Parks & Open Space Commissioners (Mayor Slavitz) Mayor Slavitz presented plaques on behalf of the Council to outgoing commissioners Margo Zender, Chris Wand, and Mike McMullen, for their years of service to the Town. Commissioners Town Council Minutes #13 -2008 August 6,2008 Page 1 Mindy Canter and Helen Lindqvist were absent. The Mayor cited the contributions of each person to the commission and the greater community-Margo for her vision and initiative in developing the Tot Lot and Zelinsky Playgrounds at South Knoll Park; Chris for his knowledge of plants and landscape experience; Mike for his consensus-building and business acumen. The commissioners spoke of their deep commitment to preserving and maintaining the town's open space and parks during their terms on the commission. · Sanitary District No.5 Report (Board President Claire McAuliffe & Vice President Connie Wiley) Boardmembers McAuliffe and Wiley reported on the current budget, as well as future projects and challenges facing the district in the future. McAuliffe said that the district served approximately 3,600 households and that 2,577 of those were in Tiburon. She said that the district projected an annual revenue of $4 million. Wiley said that the district expected to spend $100,000 per year for line replacement and other infrastructure improvements in Tiburon between 2009 and 2015. She also said that the Playa Verde plant was being replaced. The boardmembers spoke of potential state take-aways which might reduce the amount of revenue to the district. They also said the district was looking into the use of reclaimed water, or "gray water." Councilmember Gram asked if they were looking into tertiary treatment. The response was "not at this time." The Council thanked the boardmembers for their report. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of July 16, 2008 meeting (Town Clerk Crane Iacopi) 2. Town Monthly Investment Summary - Accept June 2008 report (Director of Administrative Services Bigall) 3. Housing Element - Authorize budget amendment in the amount of$15,000 from Long- Range Planning Reserve Fund for purposes of updating the Town's General Plan Housing Element (Director of Community Development Anderson) 4. Non-Motorized Grant Projects - Authorize Town Manager to execute two task orders with Harrison Engineering to prepare plans and specifications and to provide construction management for the Del Mar Safe Routes to School and Non-Motorized Transportation Pilot Projects (Director of Public Works/Town Engineer Nguyen) Town Council Minutes #13 -2008 August 6, 2008 Page 2 5. Pine Terrace Path Improvements - Approve award of contract for Pine Terrace Pedestrian Path Improvements to Maxicrete, Inc. (Director of Public Works/Town Engineer Nguyen) 6. Parking Lot Maintenance - Approve Memorandum of Understanding with Pt. Tiburon Bayside Condominium Association for Maintenance of Parking Lot at intersection of Mar West and Paradise Drive (Town Manager Curran) 7. State Budget Action - Adopt resolution opposing state legislature's proposal to borrow from Proposition lA (property tax) and/or Proposition 42 (transportation sales tax) to balance state budget (Town Manager Curran) Item No.3 and 6 were removed for discussion. Item No.3: Councilmember Berger asked about the cost of preparing the Housing Element and what it entailed. Director of Community Development Anderson said that the state regulations required a comprehensive update every five years; that the level of detail increased each time and therefore drove up the cost; he said that the last update had cost $15,000 more than the current proposal. Item No.6: Town Manager Curran said that there would be a minor change to the Pt. Tiburon Bayside Condominium Association agreement pertaining to the parking lot boundaries that had come to light subsequent to distribution of the report. She said that the agreement authorized the Town Manager to make appropriate changes, as necessary; but that she wanted the Council to be aware of the fact, prior to their consideration of the agreement, that there would be additional clarification regarding the boundaries of the parking lot. Town Manger Curran also said that a correction had been made to Item No.7 (resolution opposing State budget take-aways). She said a revised copy had been distributed. Mayor Slavitz commented that it was wonderful to see the culmination of some of the BicycleIPedestrian Advisory Committee's work in Item No.5 (Pine Terrace Path and Del Mar Safe Routes to School). MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through, as written. Gram, seconded by Berger AYES: Unanimous ABSTAIN: Slavitz, July 16, 2008 minutes ACTION ITEMS 1. Appointments to Boards, Commissions & Committees - Consider appointments to fill vacancies on Design Review Board and Jt. Recreation Committee (Town Clerk Crane Iacopi) Town Council Minutes #13 -2008 August 6, 2008 Page 3 Council directed the Town Clerk to continue advertising for the vacancies on the Design Review Board and Jt. Recreation Commission. Councilmember Berger commented that they had advised applicant Jeff Foran to attend some Design Review Board meetings in order to determine his interest in that commission. 2. League of California Cities - Consider appointment of voting delegates to represent Town at annual conference business meeting on September 27,2008 (Town Clerk Crane Iacopi) Council waived the staff report. MOTION: Moved: Vote: To appoint Alice Fredericks as voting delegate. Berger, seconded by Collins AYES: Unanimous PUBLIC HEARINGS 1. Update Town Traffic Ordinance - Consider introduction and first reading of ordinance amending Chapter 23 of Town Code pertaining to motor vehicles and traffic (Town Manager Curran) - Introduction & 1 st reading of Ordinance Town Attorney Danforth said the proposed amendments to the ordinance were a collaborative effort between town department heads, including the Director of Community Development, Director of Public Works, and the Chief of Police and Police Captain. Danforth said the updates were driven, in part, by an increase in the number of wheeled devices now available for public use, and the need to regulate their use in some areas. She said that Section 23-23 would be revised 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. She said it would allow the Town Manager to prohibit these devices anywhere she found them to be unsafe or inappropriate by posting a sign. She also said the ordinance specifically identified use of these devices in Shoreline Park and Fountain Plaza as unsafe or inappropriate. Councilmember Berger asked if there was signage at the Fountain Plaza now that banned wheeled devices. Danforth said that it was "subtle" and more was needed. The Town Attorney said the ordinance was also being amended to clarify regulations pertaining to overnight parking at Blackie's Pasture and other locations, and on town streets, where signed. Danforth said that a new section of the ordinance would prohibit placement of dumpsters and debris boxes in Blackie's Pasture, on Tiburon Boulevard, and on streets in residential areas without town permission, and empowered the Town Engineer to regulate their use. Finally, Ms. Danforth said that the section pertaining to storage of vehicles on public streets was being changed to state that they would have to be moved 1,000 feet every 72 hours versus the Town Council Minutes #13 -2008 August 6,2008 Page 4 "one car length" in the current ordinance. She said that this would address problems of long- term storage of unused vehicles on town streets. Mayor Slavitz asked whether the ordinance prohibited placing dumpsters on town streets. The Town Attorney said that dumpsters were allowed on the street during construction projects and for other uses. She noted, however, that there had been complaints of dumpsters being located in front of adjacent properties or in other areas. She said that under the new regulations, residents would be required to obtain a permit and to tell Mill Valley Refuse (or other providers) where to locate the dumpsters. Mayor Slavitz opened the public hearing. Jill Barnett asked about vehicles that were stored over 72 hours near Lyford Drive. She said they were there day and night and wondered how the Town could prevent that. The Town Manager clarified that overnight parking would be prohibited on Tiburon Boulevard under the new ordinance. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read ordinance by title only. Fredericks, seconded by Berger AYES: Unanimous Mayor Slavitz read, "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)." MOTION: Moved: Vote: To pass first reading of above ordinance. Fredericks, seconded by Berger AYES: Berger, Collins, Fredericks, Gram, Slavitz TOWN COUNCIL REPORTS Mayor Slavitz said that during his family vacation in Europe, he had noted that stores in Ireland charged 15 cents for plastic bags. He said there was currently a bill before the state legislature proposing to ban plastic bag use. He suggested that the Town might want to consider being a leader in this area and encourage its merchants to provide incentives to use cloth bags and to further reduce plastic bag use. He asked the Council if they would like to agendize this discussion. Council concurred. Vice Mayor Fredericks suggested adding "recyclable" plastic bags to the discussion, as well. Councilmember Gram suggested including a discussion of non- recyclable containers as part of this item. Councilmember Berger followed up the SMART discussion with his report of riding the San Diego light rail. He said that it was quiet and comfortable and could go on both rail and city streets. He said that the residents used it as "real transportation" and loved it. Town Council Minutes # 13 -2008 August 6, 2008 Page 5 TOWN MANAGER'S REPORT · Request for direction to staff regarding color of Police Department vehicles Town Manager Curran said that staff would bring this item back on a future agenda. · Proposed cancellation of September 3, 2008 regular Town Council meeting Council directed staff to cancel the meeting. WEEKLY DIGESTS · Town Council Weekly Digest - July 18,2008 . Town Council Weekly Digest - July 25, 2008 . Town Council Weekly Digest - August 1,2008 ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Slavitz adjourned the meeting at 8:38 p.m. JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #13 -2008 August 6, 2008 Page 6 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 20, 2008 Agenda Item: A- -1- I STAFF REPORT To: Mayor and Members of the Town Council From: Heritage & Arts Commission Subject: Appointment of Mary Musalo as Tiburon Artist Laureate ~ Reviewed By: BACKGROUND In September of2001, the Town Council established the position of Town Artist Laureate as an appointment to carry a four-year term. The original appointee passed away in July of 2003, leaving the position vacant. The Heritage and Arts Commission felt that it was a missed opportunity to leave this position vacant, and set about creating a selection committee to recommend a candidate to the Town Council for appointment. The committee was comprised of Mayor Jeff Slavitz, Pamela Morton from Drawbridge and Marin Arts Council, and Commissioners Ann Thull and Elizabeth Schmidt. This group interviewed five candidates out of eleven applications, unanimously selecting Mary Musalo as their recommendation for Town Artist Laureate. Mrs. Musalo was selected because of her energy and her plan of action, which she outlined during the interview. She put a great deal of thought into what the position could become. It showed Mary to be not only an accomplished artist but a highly community-oriented resident. The selection committee believes Mrs. Musalo will make an excellent Artist Laureate. She is anxious to share her art and work with the community in her capacity as a Tiburon Town Official. The Town Attorney prepared an agreement to memorialize the understanding between the Artist Laureate and the Town. An agreement is principally necessary to clarify issues of copyright, ownership and liability associated with the conduct of this position. The agreement also grants the Artist Laureate a modest stipend of $250 per year. FINANCIAL IMPACT This appointment will have minimal financial impact on the Town. Under the agreement, the Town will pay a $250 annual stipend to the Artist Laureate from the Heritage & Arts Commission's Donation Fund. Additionally, as outlined in the agreement, the Town will use the same fund to reimburse the artist for expenses incurred in connection with any Town assigned and approved projects which the artist undertakes. l.\ H Ilk. d it. >.. \. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the resolution appointing Mary Musalo to the position of Tiburon Artist Laureate for a term of 4 years. 2. Authorize the Town Manager, on behalf of the Town of Tiburon, to sign the attached agreement between the Artist Laureate and the Town. Exhibits: Resolution of Appointment Agreement for Artist Laureate Prepared By: Peggy Curran, Town Manager RESOLUTION NO. XX - 2008 A RESOLUTION OF THE TIBURON TOWN COUNCIL APPOINTING MAV~ MUSAL() AS THE TOWN OF TIBURON'S ARTIST LAUREATE WHEREAS, Mary Musalo moved to Tiburon from New York in 1988 and, under the tutelage of her artist cousin, Rex Fink, began painting, and capturing the beauty of the Tiburon peninsula, entering her first painting in a Landmarks Society exhibition, and subsequently holding numerous other exhibitions in Tiburon, painting for the joy of it, passing along that joy to family and friends, and WHEREAS, in 2003, Mary began teaching classes, free of charge, in St. Hilary's parish to adults and children, encouraging each and every person to try their hand at creating artwork meaningful to them, and WHEREAS, her wonderful and evocative images caught the eye of the Tiburon Chamber of Commerce who contracted with Mary to use her designs to advertise their Festival of Wine, Friday Nites on Main, and Oktoberfest, and WHEREAS, Mary intends to continue, through free art classes, open dialogue, and enthusiastic encouragement, to put a friendly face on community art, believing that there is an artist in everyone just waiting to be set free, and WHEREAS, in the role of Artist Laureate, Mrs. Musalo also envisions establishing a liaison with other Artist Laureates to uncover ways in which everyone can foster the arts in their respective communities, and WHEREAS, in January of 2008, the Heritage & Arts Commission, on behalf of the Town of Tiburon, began a search for an artist to fill the vacant position of Tiburon's Artist Laureate, and WHEREAS, after carefully deliberation by a Selection Committee on a field of 13 applicants, the decision was made by the Heritage & Arts Commission to recommend Mary Musalo to the Town Council as the person whose qualifications appear to best serve the Town as Artist Laureate, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby express its appreciation for the enthusiasm with which Mrs. Musalo prepares to enter the position of Artist Laureate, giving of her time, energy and creative spirit to benefit the Town of Tiburon, and BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby appoint Mrs. Mary Musalo as Tiburon's Artist Laureate and does hereby bestow upon her the traditional and symbolic laurel wreath as a sign of that office. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUCILMEMBERS: Jeff Slavitz, Mayor Attest: Diane Crane lacopi, Town Clerk AGREEMENT FOR ARTIST LAUREATE This agreement is entered into this day of August, 2008, by and between the Town of Tiburon, a municipal corporation (hereinafter "Town"), and Mary Musalo (hereinafter "Artist"). Recitals A. In September of2001, by Resolution #49-2001, the Town Council established the position of Town Artist Laureate, appointing a well-known local artist for a four-year' term. The first appointee occupied the position from September of 2001 to his demise in July of2003. The position has been vacant since July of2003. B. In January of2008, the Heritage & Arts Commission, an advisory board appointed by the Town Council (hereinafter "Commission"), began soliciting candidates for the vacancy. The Commission reviewed applicant submissions and narrowed the field to five finalists. C. The Town formed an interview panel comprised of two Heritage & Arts Commissioners, the Mayor, and one person from the Marin Arts Council ("Panel"). The Panel interviewed each finalist and recommended that the Town select the Artist to fill the position of Artist Laureate. The full Commission unanimously recommended that the Council appoint Artist to the position. The Heritage & Arts Commission also decided to appoint a person annually from their membership to act as liaison between the Town Manager, the Tiburon Artist Laureate, and the Commission ("Artist Liaison"). D. On August 20,2008, the Tiburon Town Council appointed the Artist as recommended by the Panel and Commission and authorized the Town Manager to execute this Agreement. NOW THEREFORE, the Town, the Commission and the Artist Laureate, for the consideration and under the conditions hereinafter set forth, agree as follows: 1. Scope of Services: The Town shall assign projects to the Artist Laureate as set forth in this Agreement ("Artist Services"). Possible Artist Services include, without limitation, design of the following: A. Main Street Holiday Posters/Flyers B. Labor Day Parade Poster/Flyers C. Heritage Preservation Award Invitation D. Heritage Preservation Award - Annual award (in lieu of a trophy) E. Salmon Release Advertisements F. Invitations to Town events such as the recent Fountain Inauguration or the upcoming Town's 45th Anniversary Celebration G. Design of Town of Tiburon Official Proclamation Stationery 1. H. Community outreach projects, such as art classes and discussions. 2. Compensation: The Artist Laureate will receive an annual payment of Two Hundred Fifty Dollars ($250) to be paid on the date of appointment to the position, and then annually on the anniversary of the appointment. This annual payment shall be the sole payment for the Artist Services except as expressly set forth in Section 3 of this Agreement. 3. Procedure for Assi2nin2 Artist Services. A. The Town may assign and reimburse the Artist Laureate for specific art projects as set forth in this section. The Artist Liaison will serve as the project manager for the Artist Services unless the Town Manager assigns another official or staff member. B. Either the Commission or the Artist Laureate may propose a specific Artist Service. The Commission shall consult with the Artist Laureate regarding the scope and budget for each proposal. The budget may include reimbursement of the Artist Laureate for materials, publicity and similar out-of-pocket expenses, but shall not include compensation for the Artist Laureate's time beyond the payment described in Section 2 of this Agreement. C. The Artist Laureate shall submit the scope and budget to the Commission for consideration in the form of a written proposed work order. The Town Council must approve any proposed work order whose estimated cost is expected to exceed $ . The Commission shall have the authority to approve and authorize the Town Manager to execute a proposed work order whose costs are not expected to exceed $ , provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the work order. Upon execution, the work order shall become incorporated into this Agreement as an Artist Service. 4. Release and Waiver of Claims. The Artist Services may involve individual participants in such activities as art classes, lectures and exhibitions. To enable the Town to sponsor such activities, the Artist Laureate shall take the following actions: A. The Artist Laureate shall require that each participant in an art class or other similar activity must sign a document approved by the Town Attorney that acknowledges that the participant is engaged in the activity at his or her own risk and waives and releases any claims that may arise from his or her participation in the activity. 2. B. The Artist Laureate shall require that any person or entity that displays his or her art, collections, or other property of value sign a statement that they do so at their own risk and responsibility; that Town accepts no responsibility for any loss of or damage to the property and that they waive and release any and all claims that might arise from loss or damage to said property. 5. Insurance. Artist Laureate shall maintain comprehensive automobile liability, with a combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate insurance. Town shall be added as an additional insured to this policy, such that coverage shall be primary and non-contributory. The Artist Laureate shall invoice the Town for the cost of said endorsement, which invoice Town will pay within 30 days. 6. Copvri2ht. A. Ownership of Work Product. All intellectual property rights in the works of Artist Laureate produced pursuant to this Agreement (including but not limited to copyright throughout the world) will be owned jointly by the Town and the Artist. Except as expressly authorized by this Agreement, no use of the copyright will be made by the Artist or the Town without the written consent of the other, which consent will not be unreasonably withheld. As used in this Agreement, the terms "work" or "works" means any work of the visual or graphic arts, including, but not limited to, paintings, drawings, sculptures, crafts, photographs, or films. Artist Laureate will, from time to time, upon request from Town, execute such document or documents as are necessary or desirable to evidence the license to Town of any copyright. Town may give, lend or sell works or copies of works without the consent of Artist Laureate, subject to the rights of Artist Laureate under the applicable provisions of the Visual Artists Rights Act and the California Civil Code. B. The Artist certifies that the works created pursuant to this Agreement will be unique works of art especially designed for the Town, and shall not duplicate or reproduce such works nor shall the Artist permit others to do so except with the written permission of the Town. C. The Town has the right to reproduce and distribute in printed form and on commercial documents and or brochures or any other literature of the Town, photographs, realistic renderings, videotapes, or films of the works. Such reproductions and use of the images of the Artwork for promotional purposes shall not constitute a breach of copyright and no royalty shall be due and payable by the Town to the Artist for such use. 7. Warranty of Non Infrin2ement. With respect to each work created by Artist Laureate for Town, Artist Laureate warrants to Town that the work is an original work, and that no work infringes on any copyright, patent or other intellectual property rights belonging to persons other than Artist Laureate or Town. 3. 8. Limitation of Liabilitv. Artist Laureate will perform Services under the Agreement with the degree of care and skill ordinarily exercised by members of Artist Laureate's profession. Except for the warranty of non-infringement given in the preceding Section 7, Artist Laureate makes no other representations, warranties or guarantees, express or implied, with respect to the services, including but not limited to any warranty of merchantability or fitness for a particular purpose, nor shall Artist Laureate be liable for loss of profits or other losses to Town or other damages to any third party arising from the services. In no event shall Artist Laureate be liable for consequential, special, punitive and/or incidental damages relating to or arising out of the services, even if advised of the possibility of such damages. 9. Entire A2reement. The Agreement, the exhibits and schedules thereto together contain the entire agreement between the parties hereto with respect to the matters covered herein. 10. Governin2 Law: Venue: Dispute Resolution. The laws of the State of California shall govern this Agreement. If any dispute arises between the parties regarding this Agreement, to promptly participate in mediation with a recognized mediator with appropriate skill, fully and in a good faith effort to resolve any differences. In the event either party seeks judicial resolution of a dispute, the venue for such resolution shall be the County of Marin. 11. Partial Invaliditv. If court of competent jurisdiction holds any provision of this Agreement to be unenforceable or contrary to public policy by any, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent and agree that the scope of such provision may be judicially modified accordingly such that the whole of the Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to applicable law. 12. Amendment: Waiver. The Agreement may not be modified or amended orally, nor may any provision hereof or thereofbe waived orally by any party, but only in a written agreement executed by both parties thereto. It is understood that no waiver of any breach of any term hereof shall constitute a waiver of any preceding or succeeding breach of the same or any other term. 13. Assi2nment. The Agreement may not be assigned by Town without the prior written consent of Artist Laureate. Except as provided in the immediately preceding sentence, the Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 13. Section Headin2s. The section and paragraph headings in the Agreement are for convenience of reference only. 4. 14. Credit To The Artist. All reproductions of the works by the Town shall contain a credit to the Artist. 15. Credit To The Town. The Artist shall give a credit in any public showing under the Artist's control of reproductions illustrations of the work to the Town. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by his/her respective authorized officers or representatives as of the day and year set forth below. TOWN: Artist Laureate: By: Margaret A. Curran Town Manager By: Mary Musalo APPROVED AS TO FORM: APPROVED AS TO FORM: Ann R. Danforth, Town Attorney By: Artist Laureate Counsel 5. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 20, 2008 Agenda Item:Ar ...... :- STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation to Approve an Amendment to Resolution 3417 Regarding Delivery Hours on Lower Main Street Reviewed By: BACKGROUND The Tiburon Peninsula Chamber of Commerce has requested that the Town Council consider a modification to the current restrictions on deliveries on Lower Main Street. Pursuant to Resolution 3417, which was adopted in 2000 and subsequently amended in 2004, deliveries are permissible on Main Street everyday from 6:30 a.m. to 11 :00 a.m. The Chamber has requested that this time limit be extended to 11 :30 a.m. ANALYSIS The Chamber of Commerce addressed a letter to the Town on July 28, 2008 asking that delivery hours be extended by 45 minutes from the current 11 :00 a.m. cut-off to 11 :45 a.m. This request was taken up at the August 6, 2008 meeting of the Chamber of Commerce Board of Directors. As the attached Chamber of Commerce letter describes, some purveyors making large regular deliveries of fresh food and other products find it difficult to comply with the current limitation. The Chamber feels that the half-hour extension will grant some additional leeway to those making deliveries without having them subjected to citation. At the Chamber Board meeting there was one dissenting opinion, from a merchant who is not a member of the Board, regarding the extension. The owner of a dress shop on Main Street felt that an extended time period would create potential conflict with her customers being dropped off at her store, which is open on an appointment-only basis but sometimes at 11 :00 a.m. The balance of those present at the Chamber Board meeting felt the extension was warranted and would not result in any problems or hardships for those doing business on the street. The Town Manager was present at the meeting and urged that the extension request be reduced from 45 minutes, as originally proposed, to 30 minutes to avoid conflicts with lunch-goers. The Chamber agreed to pursue the lesser extension and voted unanimously to make the request of the Town Council for an extension to 11 :30 a.m. Staff agrees with the Chamber of Commerce that a half-hour extension is unlikely to create problems and may help ease delivery challenges for those who require large regular deliveries. TOWN OF TIBURON PAGE 1 OF 2 FINANCIAL IMPACT There is no material impact to the Town from this proposed action. There may be some modest reduction in the number of citations that are issued as a result of the additional delivery time. RECOMMENDATION Staff recommends that the Town Council: 1. Hear from the Chamber of Commerce representative and any others wishing to speak on this request. 2. Move to approve the attached Resolution approving the requested change to the hours of delivery on Main Street. Exhibits: A. B. C. July 28, 2008 Letter from Chamber of Commerce Resolution 3417 (2000) and Amendment (2004) Proposed Resolution Prepared By: Peggy Curran, Town Manager TOWN OFTIBURON PAGE 2 OF 2 /'/ I'.//'/ / A. July 28, 2008 Town of Tiburon 1505 Tiburon Blvd Tiburon, Ca. 94920 To Whom It May Concern: The Belvedere Tiburon Chamber of Commerce proposes a change in the ordinance regarding deliveries on Main Street. Currently'delivery vehicles are not allowed past 11 :OOam. We would like the 11 :OOam deadline changed to 11 :45am. We believe the change to 11 :45am will have very little impact on downtown traffic or business. The downtown is generally very quiet before noon Monday thru Friday. The few deliveries that happen on weekends are normally done by 10:30am. Even though purveyors (mostly of restaurants) are aware of the current 11 :OOam deadline, it is sometimes difficult for them to comply. Many times beer, liquor or grocery deliveries will be well over 100 cases (sometimes even 200 cases). It may take as long as one to two hours to unload and deliver one truck. Fresh seafood presents another delivery issue. Fresh fish is ordered in the morning for same day delivery. An extra 45 minutes will give seafood companies significient extra time to receive product and deliver it to Tiburon. Fuel costs are another sign ificient issue relating to delivery times. All companies are taking their costs into account when planning their routes. Again, the extra 45 minutes would give them some extra leeway. (This matter will be voted on at the Board Meeting 8/6/08) E. RESOLUTION NO. 3417 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING CHANGES IN PARKING RESTRICTIONS IN THE DOWNTOWN AREA The Town Council of the Town ofTiburon does hereby resolve as follows: WHEREAS, the Town Council has reviewed the various parking zones in the Downtown Area in light of the nearly-completed reconstruction and major modifications to Main Street; and WHEREAS, the Town Council has determined that various curb markings along Main Street and its vicinity are in need of modification as a result of the street reconstruction; and WHEREAS, pursuant to Section 23-42(a) of the Tiburon Municipal Code, the Council may authorize by Resolution the establishment and designation of parking and loading zones. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon that the following parking and/or loading zones are hereby established and designated: 1. The south side of Lower Main Street shall be a red zone for its entire length. 2. The north side of Lower Main Street shall contain a .green zone, approximately 48 feet in length and located generally in front of 20-28 Main Street. Said green zone shall allow 5-minute parking any time. 3. The north side of Lower Main Street shall contain a yellow zone, approximately 95 feet in length in length and generally located in front of 30-38 Main Street. Said yellow zone shall allow loading and unloading only of freight for a maximum of 20 minutes, and of passengers for a maximum of three (3) minutes, from 6 :30 am to 11 :00 am every day. No parking, stopping, or loading shall be permitted any day outside of those hours. 4. The south side of Tiburon Boulevard, in the vicinity of its terminus at Paradise Drive, shall contain a yellow zone approximately 100 feet in length. Said yellow zone shall allow loading and unloading only of freight for a maximum of 20 minutes, and of passengers for a maximum of three (3) minutes, any day. No buses shall be allowed to stop, stand, load or unload passengers in said yellow zone. Tiburon Town Council Resolution No. 3417 - Downtown Curb Markings 5/17/2000 1 5. The south side of Paradise Drive, adjacent to Shoreline Park and just east of the turning circle at the Tiburon BoulevardlParadise Drive terminus, shall contain a white zone approximately 100 feet in length. Said white zone shall allow passenger loading and unloading for a maximum of three (3) minutes any day. No buses shall be allowed to stop, stand, load or unload passengers in said white zone. BE IT FURTHER RESOLVED that the Town Council of the Town ofTiburon hereby rescinds all previously adopted Resolutions, or portions of Resolutions, that are in direct conflict with the foregoing. PASSED AND ADOPTED at a regular meeting of the TOWrfCouncil of the Town ofTiburon, State ofCalifomia, held this 17th day of May, 2000, by the following vote: AYES: COUNC~MElVfBERS: Bach, Gram, Hennessy & Matthews NOES: COUNCILMEMBERS: None ABSENT: A DiANE CRANE IACOPI, TO CLERK Downtown Curb marldng8.rel.doc Tihuron Town Council Resolution No. 3417 - Downtown Curb Markings 5/17/2000 2 RESOLUTION NO. 16-2004 A RESOLUTION OF THE TOWN OF COUNCIL OF THE TOWN OF TIBURON APPROVING CHANGES TO THE PARKING REGULATIONS IN THE DOWNTOWN AREA WHEREAS, the Town's Traffic Safety Committee met on May 11,2004 to discuss the request from the Tiburon Peninsula Chamber of Commerce to make changes to the downtown parking regulations; and WHEREAS, after considering the requests from the Chamber of Commerce and information presented, the Traffic Safety Committee recommends approval of changes to the downtown parking regulations; NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the following changes in parking regulations in the downtown area: 1. Change all I-hour parking zones to 2-hour parking zones in the downtown area; 2. Expand the existing 20-minute zone one additional car length fronting Point Tiburon Plaza (1771 Tiburon Boulevard). PASSED AND ADOPTED at the regular meeting of the Town Council of the Town ofTiburon on May 19, 2004 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ( . Berger, Fredericks, Gram, SlaVItz None Smith :' ~----<, eJ2/ .~L ALICE FREDERICKS, MAYOR ~~. DIANE cR.ANf( COP I TOWN CLERK C-. Resolution No. A Resolution of the Town Council of the Town of Tiburon Approving a Change to Delivery Times on Main Street WHEREAS, delivery hours on Main Street are set forth in Resolution 2417 (2000) as being limited to between 6:30 a.m. and 11 :00 a.m.; and WHEREAS, the Chamber of Commerce has requested that the delivery hours on Main Street be modified to be from 6:30 a.m. to 11 :30 a.m. in order to facilitate the frequent large deliveries required by many merchants, especially restaurateurs; and WHEREAS, pursuant to Section 23-42 (a) of the Tiburon Municipal Code the Council may authorize by Resolution the establishment and designation of parking and loading zones. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby change the permitted time for deliveries to Lower Main Street from 6:30 a.m. - 11 :00 a.m. to 6:30 a.m. - 11 :30 a.m. All other provisions of Resolution 3417, as amended, shall remain in full force and effect. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on August 20,2008 by the following vote: AYES: NOES ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR ATTEST DIANE CRANE IACOPI TOWN CLERK Little Black Dress, LLC 26 Main Street Tiburon, California 94920 fD) ~~ ~ ~W ~ ml ~ AUG 2 0 2008 W August 19, 2008 TOWN CLERK TOWN OF TIBURON By Hand TOVlIN COUNCIL lATE MAIL #AI-Z MEETING D,ATE o,lO::?:_[ Town ofTiburon 1505 Tiburon Blvd Tiburon, California 94920 Attention Town Council Dear Council Members: On Tuesday August 5, 2008 late during the afternoon the enclosed document accompanying this letter was distributed to my place of business through the front door mail slot. Upon receipt of this letter I telephoned the Chamber of Commerce to question the assertions established in the contents of this document. I questioned how this Chamber had performed their due diligence considering the fact that the entire street is a red zone except in front of my store and extending beyond until 3 shops forward of the main street parking lot. I further explained that Main Street has no parking meters on it and as a result to the human eye on glancing appears to be dead of activity. I asked about the vote and how to register my opinion. The Chamber female employee named "Georgia" responded by stating that I had to attend the meeting in person to resgister my vote. I had several additional questions for her, however, she abruptly dismissed my queries by stating that, "you need to call Angelo or Steve." I telephoned Sam"s for "Steve." I was told that he was on the other line. I called back several minutes later and was told that he was gone for day. Meanwhile....he wasn"t gone for the day...he was next door at the Tommy Bahama store. Following that he returned to his bar. I telephoned Angelo and was told that he was "in a bridge tournament." At 8am the following day I attended the Chamber meeting at Servinds. I questioned the president Jim Allen at the meeting table in front of all the Chamber directors as to "how does this work? how do I have a say in registering my opinion on this attempt to increase the present time frame in the loading zone? Firstly, a woman by the name of Connie Wiley stated outwards toward the table head, "oh, I think we've already decided this haven"t we Peggy?" I sat right beside Jim Allen and he looked at me and said, "well if you were a member of the Chamber I could take the half hour to explain it to you, but, since you"re not you can a have a say at this meeting." Angelo Semno spoke next. He stated his argument for attempting to change the sign by-law. He said that there were more restaurants in Marin County and so deliveries are later, and also... the gas... the gas cost more...and you know we need to have the groceI)' deliver." Steve Sears didn"t attend. Angelo Servino stated that Mr. Sears was out on the golf course. When my turn came to speak I attempted to explain to the Chamber board that I felt the proper due diligence had not been performed. A proper study. I stated that I felt that this time increase in the loading zone was as a direct result of the letter I had written to the police captain several weeks earlier describing an incident which I found enormously unacceptable. A copy of that letter is attached. Following this letter shortly thereafter it was brought to my attention that this young ticket officer was complaining to various merchants that she had been reprimanded by the police captain because of my complaint. Therefore, she was now out conducting her job appropriately. A couple of weeks or so after the letter to the Captain while standing outside one morning at Ham watering my flowers I observed the ticket woman standing at the loading zone directing trucks to park elsewhere. One of the owner"s of Sam's approached her and for a good 4 minutes they conversed while staring directly at me. Hence, a week later the attempt to change the law was on the Chamber agenda. I continued to explain that our Main Street was the only one in the entire County without parking. Hence, it always appears quiet of activity. Furthermore, how did the Chamber come to the determination that 'WE BELIEVE THE CHANGE TO n:ooAM WILL HAVE VERY LITTLE IMPACT ON DOWNTOWN TRAFFIC OR BUSINESS. THE DOWNTOWN IS GENERALLY VERY QUIET BEFORE NOON MONDAY TO FRIDAY. Who decided that? How can that be decided without the opinion from the business"s that actually are negatively impacted when the entire street is a red zone except in front of my store and several stores beside me? I was interrupted by Jim Allen-"so -you"re point is... to which I responded- "my business is negatively impacted and as a result I am not in favour of the increase of time limit. " Fresh seafood is not an issue. The seafood truck is quite small and 99% of the time parks immediately in front of my store in the 3 minute passenger zone to attempt his delivery to Sam"s. His truck is not refrigerated. The man is in and out inside of 10 minutes max. Fuel costs are not an issue. All freight companies levy a fuel surcharge fee. This is a fluctuating fee representing the irregularities of petrol costs associated with the fluctuating oil markets. It has nothing to do with delivery to Tiburon. WeVe all been hit with an increase with our freight fees. As much as our suppliers may be fond of us, our vendors are not absorbing the additional fuel costs. I enjoy my morning coffee every day at the Boulange @ Strawberry, and the coffee has increased from $3.00 to $3.10 per cup. The cost of doing business has increased all across the board in the face of rising fuel costs. The deliveI)' trucks parking in front of my business are mostly for Sam"s bar. Their deliveries are always throughout the full day well beyond the Ham time limit and have been tolerated for years. What's at issue are the 5 ton and 7 ton freight trucks. Consider this: These freight trucks are loud -often with refrigeration equipment that does not shut down. They are substantial in size and when lined up cause traffic congestion. The people from these vehicles use unsavory language sometimes, don"t turn off their radio music, which is loud and unappealing, operate hydraulic lift ramps are noisy, dangerous, dirty, obstructive, and there is an appropriate time and place for everything. We vacuum our floors, clean our mirrors, wash our counters, dust our shelves, water our flowers, sweep and clean our sidewalks, wash our windows, fold our clothing, merchandise our stores and this is all done out of view from the customer before Ham for the opening hour of our operations to receive our Belvedereffiburon customers in a gracious and inviting environment. If an elderly lady wants to be let out of a car onto the sidewalk-she can with ease and safely -because their won"t be any trucks there. She won"t be intimidated because she"s 82 and a bit cranky and fragile because she has a pain in her back or her leg, etc. A young mother can pull up and easily help her children out of a car, etc. Clients staYing in the hotel Waters Edge have convenient access for off loading and on-loading their luggage/ passengers. The loading zone time limit is in place to protect the retail shopping environment. It is in place to protect trade. Just as there are trade barriers in eveI)' Country in the world from non resident aliens ascending to set up business and disturlrcompete with a nations economy, so it is that a time limit is in place to protect the retail trade and its fragile shopping environment. An environment that should be inviting, peaceful, beautiful, the flowers and the charm of the town noticed along with the attractive storefront window displays, etc. A calm and inviting setting at ease and safe for small children, elderly individuals, etc. I have been a retailer in large cities since 1978. Most loading zones are limited to a time frame of up until 10 am in the morning. Even shopping malls with interior loading docks operate with strict delivery time limits. I find it truly unfair standards that a person sitting on the local Chamber board can alter the law at any dislike or whim to support his own interests. Lastly, and most importantly, I wish much success to my oommerce neighbors. However, I did not take the ris~ not did I make this substantial financial investment to be blocked in by large freight trucks all day long. I ask all committee members to please consider conducting an impact study before passing the law in favour of Sam"s rest/bar. We (store owners and rest,Ibar owners) have the choice and the power to ask fur our deliveries at the times that suit our various operations. I ask with all due respect that all business"s taking deliveries organize their deliveries to arrive before the Ham deadline. After Ham these large freight trucks should continue parking out onto the boulevard whereby they will not obstruct the operating flow of the fragile retail district. Yours truly, Carolyne I. Coon .....","'.,-. Town of Tiburon 1505 Tiburon Blvd Tiburon, Ca. 94920 July 28, 2008 To Whom It May Concern: The Belvedere Tiburon Chamber of Commerce proposes a change in the ordinance regarding deliveries on Main Street. Currently delivery vehicles are not allowed past 11 :OOam. V\'e would like the 11 :OOam deadline changed to 11 :45am. We believe the change to 11 :45am will have very little impact on downtown traffic or business. The downtown is generally very quiet before noon Monday thru Friday. The few deliveries that happen on weekends are normally done by 10:30am. Even though purveyors (mostly of restaurants) are aware of the current 11 :OOam deadline, it is sometimes difficult for them to comply. Many times beer, liquor or grocery deliveries will be well over 100 cases (sometimes even 200 cases). It may take as long as one to two hours to unload and deliver one truck. Fresh seafood presents another delivery issue. Fresh fish is ordered in the morning for same day delivery. An extra 45 minutes will give seafood companies significient extra time to receive product and deliver it to Tiburon. Fuel costs are another significient issue relating to delivery times. All companies are taking their costs into account when planning their routes. Again, the extra 45 minutes would give them some extra leeway. (This matter will be voted on at the Board Meeting 8/6/08) J Tiburon Peninsula Chamber of Commerce · P.O. Box 563 · Tiburon, CA 94920 · 415-435-5633 e-mail - tibcc@sbcglobal.net website - www.tiburonchamber.org Little Black Dress., LLC 26 Main Street Tiburon, California 94920 CO~ June 26, 2008 ----------- Tiburon Police Department n55 Tiburon Blvd Tiburon, California 94920 BY FACSIMILE and U.S. POSTAL SERVICE ATTENTION: CAPTAIN DAVID HUTTON Re: TIburon Parking TIclretAgent Dear Captain Hutton: I write to apprize you of a matter that I find most disconcerting and unacceptable. Yesterday., Wednesday June 25., 2008 while working in my store with the Consul General of Luxembourg's wife, Mrs. Barbara Mohr, a five ton COSTCO truck pulled into the Three (3) minute parking zone. The truck lowered a metal hydraulic platform onto the street pavement and proceeded to abandon the vehicle hauling a hand hydraulic dolly transporting an enormous palette of dry goods destined for the restaurants situated on the far waterfront (Guaymas, etc.). The truck remained in front of my store for an hour. I had a Belvedere resident client scheduled to attend my store for a styling appointment. While concluding my styling appointment with Mrs. Mohr I received a telephone call from my customer, Mrs. Rice, advising that she could not pull into the passenger pickup zone to drop her aging mother out of the car to attend my store with her. She was scheduled to leave town by way of driving for the summer months with her 3 children and aging parent for Sun Valley, Idaho. This woman is an attorney and one of my top clients. The financial revenue that I could have easily counted on from that sale could have been upwards of $7,000.00 to $8,000.00. Instead, given the fact that she couldn"t accommodate her Mom, she asked me to send a selection of merchandise to her summer residence in Sun Valley. I can now count on perhaps $2.,000.00 and another $2.,000.00 next month. I fs not the same success as being in the store styling her directly from all the collections. When Barbara Mohr finished purchasing her selection and left I immediately called the police dispatch to request removal of these trucks. I also went outside and told the (2) drivers to move out onto the boulevard as it was after I o"clock in the afternoon. I had to take matters into my own hands as this has become uncontrollable. Further., that morning as I drove my car into the Zelinsky parking lot I observed the young woman that is responsible for parking control standing in front of the parking lot booth chatting and carrying on with the Zelinsky parking booth employee. On tuesday morning June 24., 2008 I observed her carrying on in the same manner in the same spot engaged with the parking booth employee. I have observed this young woman on so many occasions that I must advise that as a Tiburon business owner, and as a Tiburon resident I find this unacceptable conduct. Again this morning I observed her at the same place with the booth employee. I attempted to snap a pho~o of her with my cell phone. However, it would not capture her smiling and hand signal of a peace sign to me at such a distance. She did attend my store yesterday following my call to the dispatch. I blasted her outrightly for very good rea.")on. I have zero prejudice against this young woman except for the fact that she does not pert()rm her job professionally and diligently. Several weeks ago, I received a telephone call from Ms. Deborah Molinar proprietor of "THE ART BAR" at mid day alerting me to the fact that this young lady was sitting inside the parking booth with the Zelinsky employee. I took a walk over to observe myself and in disbelief held myself back from going over to physically remove her to send her oif to work-that which she is paid to perform on my tax dollar. During my reprimand to her in my store she DENIED OUTRIGHTLY having been in the booth with the young gentleman. Further, she had the audacity of arrogance to assert that I was crossing the line. She went on the state that "YOU ARE NEVER HERE." There is no harder working person in this town than me. That girl is far too comt()rtable in her job and her disrespect for honorable commerce people here is deplorable and completely unacceptable. She spends her time gossiping with all the local busy bodies on Arc Row., etc. with zero regard for responsible and professional conduct for the job. The demonstration that she has not performed her job professionally is the constant barrage of large delivery trucks blocking my store from view and vehicle accessibility and her daily social conduct and disregard for the professional task. I lost a potentially great sale yesterday. I'm not the local Warden around here, yet that is how I feel. I feel quite angry and disappointed that such a dishonest girl works for this community. She may have endeared herself to all the handsome fellows that work for the Police Department, but she is incompetent and most unprofessional. It is my sincere hope that you investigate the matter and act on it. Yours truly, ........ Carolyne I. Coon sole member ',- TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 20, 2008 Agenda Item: /rr _ , STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation to consider resolutions addressed to the Golden Gate ~~nd Highway Transportation District regarding suicide prevention Reviewed By: ~ BACKGROUND On May 21, 2008, Tiburon resident Sarah Barr addressed the Town Council under Oral Communications, asking it to consider adoption of a resolution addressing the issue of Golden Gate Bridge suicide prevention. The specific concern stemmed from the tragic suicide of a Tiburon teen in January of this year. At that time the Town Council suggested that Ms. Barr obtain assistance from staff in the development of a resolution. Staff and Ms. Barr did meet and staff made suggestions regarding how to go about creating a resolution. Ms. Barr indicated satisfaction with the draft resolution which called for support of the Golden Gate Bridge and Highway Transportation District's efforts to consider measures to prevent or reduce suicides from the bridge. Ms. Barr returned to the Town Council again on August 6, 2008, asking it to consider placing the resolution on the next (August 20) agenda. Ms. Barr also pointed out that she wanted to see one change made to the resolution, namely, that the installation of a "physical barrier" be included as part of the recommendation to the GGBHTD. Several other members of the community spoke to the issue as well, all supporting Ms. Barr's request for a stronger resolution. Town Council agreed to consider the matter of resolutions on its August 20, 2008 agenda. ANAL YSIS Two resolutions are attached for the Town Council's consideration. The first ("A"), is the resolution as originally developed by Ms. Barr with Town staffs assistance. It recognizes that the GGBHTn has been working on the issue of suicide prevention for some time and asks them, as the body with the responsibility for any action to be taken, to seriously consider what it can do to reduce suicides. It does not dictate what the solution should be. The second ("Resolution B") is identical but for the inclusion of the words ".. .physical barrier..." in two paragraphs. This version, requested by Ms. Barr, specifically asks the GGBHTD to install a physical impediment to reduce suicides. TOWN OF TIBURON PAGE 1 OF 2 Of course, the Town Council may elect to revise any resolution before it, or reject all resolutions and take no action. FINANCIAL IMPACT There is no financial impact to the Town from action or inaction in this matter. RECOMMENDATION Staff recommends that the Town Council: Consider the resolutions presented, determine which, if either, it wishes to adopt or modify, and move approval accordingly. Exhibits: Resolution A Resolution B Prepared By: Peggy Curran, Town Manager TOWN OF TIBURON PAGE 2 OF 2 Resolution No. xx-2008 A Resolution of the Town Council of the Town of Tiburon In Support of the Golden Gate Bridge, Highway & Transportation District's efforts to address the problem of Suicides on the Golden Gate Bridge Whereas, the Golden Gate Bridge is one of the Seven Wonders of the Modem World, known throughout the world for its beauty and functionality as the main transportation artery between Marin County and the City and County of San Francisco; Whereas, the Golden Gate Bridge was built without a suicide barrier, although one was considered in Joseph Strauss' original design, and close to 1,300 people have jumped off and died since the bridge's opening; Whereas, the bridge still has no barrier, and there is an average of two suicides a month, including the tragic suicide earlier this year of a Tiburon teen; Whereas, teenagers in particular often act impulsively, and the low bridge rails do not prevent them, or others, from climbing over and jumping off the bridge; Whereas, in 2006, the Golden Gate Bridge & Highway Transportation District (GGBHTD) launched a million-dollar study (the Suicide Deterrent System Study) which is currently going through preliminary engineering and environmental review; Whereas, GGBHTD has completed Phase 1 of this study and continues to conduct public hearings on the matter, in addition to providing information and soliciting public input on its website; Whereas, the GGBHTD Board of Directors will release the final EIR in the fall of 2008, at which time it will also decide the next step to take to address this problem; Now, therefore, be it resolved that the Town Council of the Town of Tiburon supports the efforts of Golden Gate Bridge District officials to find a solution to this long-standing problem that can have long-term, positive results; Be it further resolved that the Town Council of the Town of Tiburon encourages its citizens and those of other Marin cities and towns to participate in the GGBHTD process and to speak out in favor of finding a solution to prevent more tragic suicide deaths of our own Bay Area residents and children. cz~ ft ff -- rc -OJ- Passed and adopted at a regular meeting of the Tiburon Town Council on , 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Resolution No. xx-2008 A Resolution of the Town Council of the Town of Tiburon In Support of the Golden Gate Bridge, Highway & Transportation District's efforts to address the problem of Suicides on the Golden Gate Bridge Whereas, the Golden Gate Bridge is one of the Seven Wonders of the Modem World, known throughout the world for its beauty and functionality as the main transportation artery between Marin County and the City and County of San Francisco; Whereas, the Golden Gate Bridge was built without a suicide barrier, although one was considered in Joseph Strauss' original design, and close to 1,300 people have jumped off and died since the bridge's opening; Whereas, the bridge still has no barrier, and there is an average of two suicides a month, including the tragic suicide earlier this year of a Tiburon teen; Whereas, teenagers in particular often act impulsively, and the low bridge rails do not prevent them, or others, from climbing over and jumping off the bridge; Whereas, in 2006, the Golden Gate Bridge & Highway Transportation District (GGBHTD) launched a million-dollar study (the Suicide Deterrent System Study) which is currently going through preliminary engineering and environmental review; Whereas, GGBHTD has completed Phase 1 of this study and continues to conduct public hearings on the matter, in addition to providing information and soliciting public input on its website; Whereas, the GGBHTD Board of Directors will release the final EIR in the fall of 2008, at which time it will also decide the next step to take to address this problem; Now, therefore, be it resolved that the Town Council of the Town of Tiburon supports the efforts of Golden Gate Bridge District officials to fin~~ solution to this long-standing problem that can have long-term, positive results; Be it further resolved that the Town Council of the Town of Tiburon encourages its citizens and those of other Marin cities and to articipate in the GGBHTD process and to speak out in favor of finding hysical-barrier olution to prevent more tragic suicide deaths of our own Bay Area residents c 1 ren. "- ['{Ilk hL'f 6- o -- ~ -or? s~o-L D~r ;-eSD '. . Passed and adopted at a regular meeting of the Tiburon Town Council on , 2008, by the following vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting August 20, 2008 Agenda Item: PH-I STAFF REPORT To: Mayor and Members of the Town Council From: T own Department Heads Subject: Recommendation to Pass Second Reading and Adopt Ordinance Amending Title VI, Chapter 23 of the Municipal Code (Motor Vehicles and Traffic) ~. Reviewed By: BACKGROUND AND ANALYSIS The new ordinance would amend the existing Chapter 23 of the Municipal Code, to expand restrictions on recreational devices such as skateboards and in-line skates and impose new parking restrictions. The Town Council held the first public hearing on the ordinance on August 6,2008. Only one member of the public spoke during the hearing, to ask if overnight parking on Tiburon Boulevard near Lyford Drive would be prohibited. The Town Manager advised that it would. At the close of the public hearing, the Council introduced and unanimously passed first reading of the ordinance. 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 second reading and adopt the ordinance by roll call vote. Exhibits: Draft Ordinance Amending Chapter 23 Prepared By: Ann R. Danforth, Town Attorney TOWN OF TIBURON PAGE 1 OF 1 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.: Findines. 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 / /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 / /2008 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 of3 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 of Tiburon 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