HomeMy WebLinkAboutTC Agd Pkt 2009-07-15TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Tiburon Town Council
1505 Tiburon Boulevard July 15, 2009
Tiburon, CA 94920 Regular Meeting - 7:30 p.m.
Closed Session - 7:00 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION - (7:0012.-m.)
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956.9(b))
Martha Company
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Gram, Councilmember Slavitz, Vice Mayor Berger,
Mayor Fredericks
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY
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
Street Smarts Marin Program - (Deborah Cole, Parisi Associates)
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. 2008-09 Streets Improvement Project - Approve award of contract for 2008-09 Streets
Improvement Project to Ghilotti Bros., Inc. (Director of Public Works/Town Engineer
Nguyen)
2. Street Smarts Marin Program - Approve implementation of program (Department of
Public Works)
3. Revisions to MCSTOPPP JEPA - Approve updated Joint Exercise of Powers Agreement
(JEPA) for the Marin County Stormwater Pollution Prevention Program (MCSTOPPP)
and authorize execution (Department of Public Works/Office of the Town Attorney)
4. Tribute to Amy Belser - Approve tribute to retiring Sausalito City Councilmember Amy
Belser (Town Manager Curran)
ACTION ITEMS
1. League of California Cities - Consider appointment of delegates to represent the Town of
Tiburon at the following conferences:
a) Local Government Summit on Governance and Fiscal Reform (Sacramento) -July 17-18,
2009;
b) League of California Cities Annual Conference (San Jose) - September 16-18, 2009
PUBLIC HEARINGS
1. Cypress Hollow Landscape &r Lighting District (LLD) - Consider protests and
adoption of resolution for continuation of the assessment for Cypress Hollow LLD
(Director of Administrative Services Bigall)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
• Request from Golden Gate Bridge &t Highway Transportation District and Blue and
Gold Ferry for Letter to California PUC regarding Sausalito ferry service
WEEKLY DIGESTS
• Town Council Weekly Digest -July 3, 2009
0 Town Council Weekly Digest -July 10, 2009
ADJOURNMENT - in memory of Barbara Gnoss
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 minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Public Works
Town Council Meeting
July 15, 2009
Agenda Item: 6C. Recommendation to Award the 2008-09 Streets Improvement
Project to Ghilotti Bros, Inc.
(a~~
On June 3rd, 2009, the Council authorized staff to advertise and seek bids for the construction of
the 2008-09 Streets Improvement Project. The project was posted and advertised as required by
the State of California's Public Contract Code. In addition to the required advertising notice, the
Town sent notices inviting bids to construction trade publication plan rooms, and bids were
opened on June 25th, 2009.
The Town received four bids:
• WK McLellan in the total amount of $1,057,334.50 with a bid alternate of $251,279.50
• Maggiora & Ghilotti, Inc. in the total amount of $1,018,018 with a bid alternate of
$231,075
• Ghilotti Brothers, Inc. in the total amount of $850,173.40 with a bid alternate of $217,775,
and
• W.R. Forde in the total amount of $1,365,472 with a bid alternate of $439,048.
The Engineer's Estimate was $928,082 with a bid alternate of $285,520 for the project.
The planned improvements include localized base repair, slurry seal, pavement grinding, asphalt
overlay, re-striping, and localized drainage repair. Based on the review of the lowest responsible
bid and the available funding, it will be possible to complete some, if not all, of the additive
alternate street segments in addition to the list of originally confirmed street segments.
Originally confirmed street segments for resurfacing:
1. Mar West St. from Esperanza St. to Paradise Dr.
2. Cecilia Way from Tiburon Blvd to Cayford Dr.
3. Meadowhill Dr. from Venado to End.
I s~L~ t~ Council Mccling
4. Main St ,
5. Juanita Ln
6. Diviso St
7. Stewart Dr. between Redding and Porto Marino
8. Via Lost Alto from Blackfield to 1300 feet west of Blackfield.
9. Vistazo East St from Vistazo West St. to End of road.
10. Loma Ave
11. Blackfield Dr. bet. Cecilia Ave and Tiburon Blvd.
Additive alternate street segments for resurfacing:
1. Acela Ct
2. Audrey Ct
3. Berke Ct
4. Cayford Dr. from Cecilia to end
5. Cecilia Way from Rancho Dr. to Leland Wy.
6. Leland Way
7. Karen Way
Of particular note, the resurfacing of Main Street will be performed at night between the hours of
8 PM and 6 AM to avoid impacts during daytime hours. This portion of work on Main Street
should take no more than 3 nights.
Staff has reviewed the bid proposals and found them to be consistent. The low bidder, Ghilotti
Bros, Inc. is a qualified contractor with a valid Contractor's License, and is responsive to the
contract specifications with reasonable references.
If the project is approved by Council, the following general timeline can be established:
• Contract documents could be executed by early August.
• A preconstruction meeting could be scheduled by late August.
• Construction could start by early September.
• With thirty (30) working days allocated for this project, the work could be completed by
the end of October.
FISCAL IMPACT
Based on the low bid of $850,173.40 and a 10 percent contingency for any approved unforeseen
work of $85,017, a total of $935,191 will be needed to complete the construction component of
this project. Approximately, $65,000 is still due to our engineering consultant for engineering,
and construction inspection. A total of $960,000 has been budgeted for this project. Sufficient
funds are available, and any gap between funding and overall cost will be resolved by the
reduction in resurfacing of additive alternate street segments.
(;)%%3: ( o(.In";'i ~Ic("i(Il~,
RECOMMENDATION
Staff recommends that the Town Council:
Move to approve the award of a construction contract for the 2008-09 Streets
Improvement project to Ghilotti Bros, Inc. in the amount not-to-exceed $935,191.
Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer
7
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Public Works
Town Council Meeting
July 15, 2009
Agenda Item: L
Recommendation to Approve the Implementation of the Street Smarts
Marin Program
The Street Smarts Marin (SSM) program is a public education and awareness campaign designed
to reduce bad behaviors of roadway users such as motorists, bicyclists and pedestrians. The goal
of the program is to decrease the number of traffic related crashes, injuries and deaths. The
current program in Marin is funded jointly by Measure A 1/2 cent transportation sales tax and the
Non-motorized Transportation Program.
The program was initially developed in 2002 by the City of San Jose in collaboration with
Caltrans, the Office of Traffic Safety (OTS), the American Automobile Association (AAA), the
Metropolitan Transportation Commission (MTC) and the Santa Clara Valley Transportation
Authority (VTA).
Street Smarts programs have been implemented in over 28 cities and counties throughout
California including the Cities of Danville, Davis, Santa Rosa and Napa.
In the fall of 2008, SMM implemented pilot programs in the communities of Corte Madera,
Larkspur and Mill Valley and was met with a 15:1 public support ratio. Not only was behavior
changed in the streets but positive public comments demonstrated to officials the strong support
for the program. Due to this success the program is being proposed for expansion in the
communities of Tiburon, Belvedere, Ross, San Anselmo and Fairfax.
DISCUSSION
The SSM program is a "social change" program, one much like recycling, aimed at motorists,
cyclists and pedestrians to engage them to become more aware of poor driving habits and to
encourage them to slow down, reduce right of way violations, "California Stops" and other bad
driving behaviors. Motorists would be educated through signage, banners, posters and brochures.
The town has asked local schools to become partners in this endeavor by installing signage in
.t~rr ri C ol.it,c:iI Jcctifig
July 15.2 0")
their drop-off areas, parking lots and along fences that front major streets where traffic violations
take place.
The various signs (there are 8 different ones) would be put up twice a year for a period of six
weeks in key "hot spots" around town where it is known that incidents or violations take place.
Additionally, the Police Department could hand out brochures with warnings during traffic stops.
In the pilot communities, signs were installed on public lawns along streets, at crosswalks, in
parking lots and along thorough-fares.
This is a three year program: the first year is designed to bring awareness to the driving problems
as outlined above. The second year is meant to influence attitudes and the third year is meant to
change behavior.
Samples of the various signs that are being proposed for installation are attached as Exhibit 'A,.
A sample program brochure is attached as Exhibit `B'. Listed below are the proposed locations
identified by Public Works and the Police Department for implementation:
1. Tiburon Blvd and Main Street
2. Tiburon Blvd and Beach Road
3. Centro West at Raccoon Lane
4. Mar West at the Tiburon Peninsula Club
5. Mar West at Tiburon Blvd (Library)
6. 1900 Block of Paradise Drive
7. Lyford Dr. and Tiburon Blvd. (Reed School)
8. Roundhill Rd. at Lyford Dr.
9. Hilary Dr. at Rockhill (St. Hillary's School)
10. Hilary Dr. at Avenida Miraflores (Del Mar School)
11. Trestle Glen Blvd at Tiburon Blvd
12. Karen Way (Bel Aire School)
A potential drawback to the program is the concern of sign pollution. However, the signs will
only be up for a period of six weeks twice a year, and have also been tastefully designed.
Deborah Cole with Parisi Associates, consultants on SSM for TAM, will provide an update on
the program and information about the timing and placement of the materials associated with the
program.
FISCAL IMPACT
Signs and materials are provided at no cost to the town. The town's only cost will be staff time
installing the smaller fence signs. TAM has retained a licensed sign manufacturer and installer to
install the vertical banners on the lamp posts in the down town area. A sample of the banner sign
is attached as Exhibit `C'. There is no other fiscal impact.
J1.6 15. ?009
RECOMMENDATION
Staff recommends that the Town Council:
Hear the presentation from David Parisi, provide direction as needed and move to approve
the program for the Town of Tiburon.
Attachments: Exhibit A
Exhibit B
Exhibit C
Prepared by: Matt Swalberg, Engineering Technician
Nicholas Nguyen, Director of Public Works/Town Engineer
1")"e I of
~IT
INA Transportation Authority of Marin A
STREET SMARTS MARIN MEDIA-AT-A-GLANCE
STREET SMARTS MARIN media include outdoor advertising in a series
of educational messages on banners, signs and posters. Other media
dude safety brochures, flyers and aids. See samples are show here.
StreetSmartsMarin.org 1
Horizontal Building and Fence Banners 36"h x 96"w
Horizontal Building and Fence Banners 36"h x 72"w
Lawn Signs: 24"h x 18"w,
Transportation Authority of Marin
EXI~IT
STREET SMARTS MARIN MEDIA-AT-A-GLANCE
Vertical Light Post Banners 84"h x 30"w
StreetSmartsMarin.org 2
Safety Posters 11" x 17"
Safety Posters 8.5" x 11"
Posted Signs 3' x 4'
Brochure: 9"x 4"
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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Public Works
Office of the Town Attorney
Town Council Meeting
July 15, 2009
Agenda Item: 5
Recommendation to Update the Joint Exercise of Powers Agreement
(JEPA) for MCSTOPPP
~L
The Marin County Strormwater Pollution Prevention Program (MCSTOPPP) was established in
1993 to provide collective stormwater management services to Marin's cities, towns and the
County. Until 2005, The Marin Streetlight Joint Powers Authority (now the Marin General
Services Authority) administered this program and provided budgetary review and approval. In
2005, Marin's municipalities adopted a Joint Exercise of Powers Agreement (JEPA) between the
Marin County Flood Control and Water Conservation District (District) and MCSTOPPP
member agencies in order to shift governance of MCSTOPPP to the District's Board of
Supervisors and to establish the Marin General Services Authority as an advisory body to
MCSTOPPP for review of the budget and other program elements.
SUMMARY
The District has revised the JEPA primarily to clarify that the District's Board of Supervisors is
MCSTOPPP's governing body and to reflect that the Marin Streetlight JPA is now known as the
Marin General Services Authority (MGSA). Previously the JEPA simply referred to the Board of
Supervisors. Other edits were made in order to correct or clarify language related to minor
administrative details, such as the date by which the MGSA must recommend approval of the
MCSTOPPP budget.
The JEPA directs the District to develop, implement and administer a stormwater pollution
prevention program to reduce the discharge of pollutants in stormwater to the maximum extent
practicable per the requirements of the State's General Permit for the Discharge of Stormwater
(WQ Order No. 2003-0005-DWQ) and subsequent permits. MCSTOPPP conducts the
Countywide Program activities for the benefit of all municipalities and the County. Each
MCSTOPPP member agency participates in the Countywide Program planning activities and
implements a Local Program. The roles of the Countywide Program and Local Programs for
LIlt'
each task are described in the MCSTOPPP stormwater management plan (Action Plan). The
JEPA includes the MCSTOPPP Action Plan and would be attached as Exhibit A but due to its
length of 203 pages has been omitted here. The Action Plan may be amended from time to time in
response to permitting requirements and can be viewed at www.mcstoppp.org.
RECOMMENDATION:
Staff recommends that the Town Council:
Move to Approve the attached revised Joint Exercise of Powers Agreement (JEPA)
between Marin County Flood Control and Water Conservation District and MCSTOPPP
member agencies and authorize the Mayor to sign the JEPA on behalf of the Town.
Attachments: Joint Exercise of Powers Agreement With Markup - For Review
Joint Exercise of Powers Agreement - For Execution
Prepared By: Matthew S. Swalberg, Engineering Technician
JOINT EXERCISE OF POWERS AGREEMENT
Relating to the
MARIN COUNTY STORMWATER
POLLUTION PREVENTION PROGRAM
MARIN COUNTY STORMWATER POLLUTION PREVENTION PROGRAM
JOINT EXERCISE OF POWERS AGREEMENT
This Joint Exercise of Powers Agreement is dated as of , 2;0052009,
and is made by and among the Marin County Flood Control and Water Conservation
District= the County of Marin, he Mari Germ" Food Cent o an Water- Cons r atie i
Dom, the Cities of Belvedere, Mill Valley, Novato, San Rafael and Satisalito, the
Towns of Corte Madera, Fairfax, Larkspur, Ross, San Anselmo, Tiburon, and such other
Local Agencies within the County of Marin as may hereafter become signatories hereto
(the "Member Agencies").
RECITALS
A. The Joint Powers Act provides that public agencies by agreement may
jointly exercise any power common to them.
B. The parties hereto are "public agencies" within the meaning of that term
under Section 6502 of the Joint Powers Act and possess in common the power to develop
and. maintain mapping and other informational data to meet the informational needs of
the public and each of the Member Agencies.
C. The parties desire to enter into this Agreement in furtherance of the Joint
Powers Act. '
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE J
DEFINITIONS
Section 1.01. Definitions. As used herein; the following terms shall have the
meaning ascribed thereto, unless the context requires otherwise.
"Agreement" means this Joint Exercise of Powers Agreement.
"CeyBoard of Supervisors" means-fie Board of Supervisors.of the Marin
County ef MafinFlood Control and Water Conservation District.
"District" means the Marin County Flood Control and Water Conservation
District
"Joint Powers Act" means Chapter 5 of Division 7 of Title 1 of the Government
Code of the State, as amended from time to time.
"Local Agency" has the meaning set forth in Section 53600 of the Government
Code of the State, as amended from time to time.
2
"Member Agency" means each of the original signatories to this Agreement and
any Local Agency, which hereafter becomes a signatory to this Agreement pursuant to
Section 6.12.
"MCSTOPPP" means the Marin County Stormwater Pollution Prevention
Program.
"State" means the State of California.
"Steering Committee" means the committee established pursuant to Section 5.01.
ARTICLE II
THE MCSTOPPP PROJECT
Section 2.01. Purpose of Agreement. The purpose of this Agreement is to
develop, implement and administer a stormwater pollution control program to reduce the
discharge of pollutants in stormwater to the maximum extent practicable per the
requirements of the General Permit for the Discharge of Stormwater from Small MS4s
(WQ Order No. 2003-0005-DWQ) and subsequent permits.
. Section 2.02. Program Structure. Countywide Program activities are conducted
for the benefit of all MCSTOPPP agencies. In addition to participating in Countywide
Program planning activities, each MCSTOPPP agency must also implement a Local
Program. The roles of the Countywide Program and Local Programs for each task are
described in the MCSTOPPP stormwater management plan (Action Plan), attached as
Exhibit A to this Agreement. Local Programs must also implement performance
standards described in Appendix A of the action plan. The Action Plan may be amended
from time to time in response to permitting requirements.
Section 2.03. Program Activity
(a) Caring for Our Creeks and Waterways
This activity describes watershed surveys, assessments, and monitoring to
identify impacts to water quality and habitat, integral to MCSTOPPP's
watershed approach. This activity also contains two important elements of
Federally mandated municipal stormwater programs: activities to prevent
pollutant discharge from municipal maintenance activities, and activities
to effectively eliminate non-stormwater discharges.
(b) Building and Renewing
This activity describes good site planning and development review
practices to ensure new projects are designed with watershed protection in
3
mind. This activity also describes control to minimize erosion and
sedimentation from construction activities. An important element of this
activity is continuing education for municipal staff, contractors, and
engineers.
(c) Educating Ourselves at Work
This activity describes how MCSTOPPP controls pollutant discharges
from business activities through inspection and outreach. Continuing
education for municipal staff, business owners, and their customers is also
an important element in this activity
(d) Educating Ourselves at Home and School
This activity describes general public education and information
dissemination, as well as targeted education efforts to residential
neighborhoods and schools.
(e) Protecting Our Future
This activity describes how MCSTOPPP will work with the regulatory
community to obtain coverage under a municipal stormwater permit and
influence other regulatory programs, such as Total Maximum Daily Load
(TMDL) development and allocation.
ARTICLE III
ADMINISTRATION OF THE AGREEMENT
Section 3.01. Marin County Flood.Control and Water Conservation District
(District) -to Administer Agreement. The District shall administer this Agreement, and
shall exercise in the manner herein provided the powers common to the Member
Agencies and necessary to the accomplishment of the purposes of this
Agreement, subject to the restrictions set forth in Section 3.02.
Section .3.02. Restrictions on Exercise of Powers. Such powers shall be exercised
in the manner provided in the Joint Powers Act and,shall be subject (in accordance with
Section 6509 of the Joint Powers Act) to the restrictions upon the manner of exercising
such powers that are imposed upon the District in the exercise of similar powers.
Section 3.03 Specific Services. The Mann County Flood Control and Water
Conservation District will oversee the implementation of the MCSTOPPP Program in
accordance with Article R. The District has the authority to submit an annual report and
5-year stormwater management plans to the California Regional Water Quality Control
Board on behalf of the member agencies.
Section 3.04. Compensation. In consideration for the services to be performed by
4
Marin County Flood Control and Water Conservation District an annual fee will be paid
by each Member Agency to the District upon approval of this Agreement and on or
before July 1 of each year thereafter while this Agreement is in effect. The fee shall be
paid within 60 days of billing unless alternate arrangements are submitted to and
authorized in writing. by MCSTOPPP. The annual fee is in addition to any permit fees
levied by the State.
The annual fee shall be based on the annual cost of the program as approved by
I 'the Eeuft~Board of Supervisors and allocated to member agencies in accordance with a
land and population pro rata as described below:
County Share = Population within Marin County (unincorporated areas)
Total population within Mann Co.
Each Cities Share = (1:00-County Share) 0.5 (Area) + 0.5(Population)
ECity areas' ECity population
ARTICLE IV
MEMBERSHIP
Section 4.01. Benefits of Membership. By participating in the MCSTOPPP
Project, a Member Agency receives the following benefits: MCSTOPPP provides
assistance with implementation of the technical and regulatory aspects of the National
Pollutant Discharge Eliminations System (NPDES) Phase II stormwater program.
MCSTOPPP assists municipalities with the implementation of their local program tasks.
Section 4.02. Obligations of Member Agencies. Membership in the MCSTOPPP
Project obligates Member Agencies to: Share costs of the Countywide Program through
annual contributions as calculated in Section 3.04.
Section 4.03. Member Qualifications. Member Agencies shall be limited to
Local Agencies located within Marin County.
Section 4.04. Indemnification.
(a) Each Member Agency shall be solely liable for the negligent acts or
omissions of its officers, representatives, agents or employees
occurring in the performance of this Agreement. If any Member
Agency becomes liable for damages, attorneys fees or any other costs
or liabilities caused by its officers, representatives, agents or
employees, it shall pay such damages, fees or costs without
contribution by the other Member Agencies.
5
ARTICLE V
GOVERNING STRUCTURE
Section 5.01. The Marin Stfeethebt ^ eouisifie ro n General Services Authority.
The Marin Stfeetl ght n sitior rP ^ General Services Authority shall be advisory to
County Board of Supervisors on the MCSTOPPP program.
Section 5.02. Powers of the Marin General Services Authority Stfeetlieht
n ^quisitiei rn n
(a) The Marin General Services Authority or
its successor shall make recommendations to the Board of Supervisors
on the annual MCSTOPPP stormwater management plan (Action
Plan).
(b) The Marin General Services. Authority
JPA-or its successor shall recommend to the Board of Supervisors an
annual budget no later than May 15 of each year.
6
ARTICLE VI
MISCELLANEOUS
Section 6.01. FundinLy.
The Marin General Services Authority
JAA-shall recommend an annual budget for adoption by the Board of
Supervisors no later than May 154- of each succeeding year.
MCSTOPPP funds shall be maintained in a trust account and these
funds shall not be interspersed with other funds held by the Treasurer.
(a) Funds may not *be disbursed by the District on behalf of the
MCSTOPPP project without adoption. of the approved budget, and all
receipts and disbursements shall be in strict accordance with the
approved budget. The budget shall identify the programs of the
MCSTOPPP project and allocate funds by program. The budget and
accounting system shall account for direct and overhead costs by
program. The Marin General Services Authority M
equis do rn" shall recommend and the Board of Supervisors shall
allocate these costs for each program with the adoption of the annual
budget.
Section 6.02. Treasurer. The Auditor-Controller of the County shall serve as the
Treasurer for the MCSTOPPP project.
The Treasurer shall serve as the depository, have custody of all funds and
establish and maintain such books, records, funds and accounts as may be required by
reasonable accounting practices, and in compliance with California Government Code
Section 6505. The books and records pertaining to the MCSTOPPP project shall be open
to inspection at all reasonable times to the Member Agencies and the public.
The Treasurer shall prepare such financial reports as may be requested by the
Marin General Services Authority Str°etla"t ;L•'~'*;,,,, TDn and/or as directed by the
Board of Supervisors.
The Treasurer shall cause an independent annual audit of the accounts and records
by a certified public accountant, in compliance with the requirements of Section 6505 of
the California Government Code and generally accepted auditing standards.
MCSTOPPP funds shall be maintained in a trust account and these funds shall not
be interspersed with other funds held by the Treasurer.
Section 6.03. Debts and Liabilities. Except as otherwise provided by Section
6.05(c), no debt, liability or obligation of the MCSTOPPP project shall constitute a debt,
liability or obligation of any Member Agency, and each Member Agency's obligation
hereunder is expressly limited only to the appropriation and contribution of such funds as
7
may be levied hereunder for services among the Member Agencies, or on a fee-for-
service basis, or as the parties hereto may otherwise agree.
Section 6.04. Effective Date. This Agreement shall become effective when it has
been executed by seven (7) Member. Agencies.
Section 6.05. Termination. This Agreement may be terminated as follows:
(a) By the Board of Supervisors upon thirty day written notice to the
member agencies
(b) By a majority of the Member agencies upon thirty day written notice to
the Member agencies.
(c) Upon termination, payment of the obligations and division of property
of MCSTOPPP shall be made pursuant to Section 6.06
Section 6.06. Disposition of authority Funds Upon Termination.
(a) In the event of termination of the MCSTOPPP project as organized
and managed under this Agreement, all funds remaining after payment
of all obligations of the MCSTOPPP project shall be transferred to any
successor organization or agency designated by the Board of
Supervisors to carry out the activities and operations of the
MCSTOPPP project.
(b) If there is no successor entity designated by the Board of Supervisors
to carry on the activities of the MCSTOPPP project, or assume its
obligations, all funds remaining after payment of all obligations shall
be distributed to the Member Agencies in proportion to their
contribution as approved by the Board of Supervisors after receiving
.the recommendation of the Marin General
Services. Authority.
(c) If a successor organization or agency undertakes some of the functions
of the MCSTOPPP project, and assumes some of its obligations, all
funds remaining after payment of all obligations shall be allocated by
the Board of Supervisors between the successor organization or
agency and Member Agencies after receiving the recommendation of
the Marin General Services Authority
JPA.
(d) If the MCSTOPPP project is terminated due to circumstances falling
within paragraph (b) or (c) above, the decisions of the Board of
Supervisors shall be final.
Section 6.07. Amendments. This Agreement may be amended only upon the
recommendation of a two-thirds affirmative vote of the Marin General Services Authority
8
I Stfeetli ht n equ itio !PA and subsequent approval by a majority of the Board of
Supervisors.
Section 6.08. Withdrawal.
(a) Any Member Agency may withdraw from the MCSTOPPP project
effective July 1 of any year upon ninety (90) days written notice to the
District.
(b) If a Member Agency withdraws, its financial obligation shall be
limited to its share of costs and liabilities incurred by the MCSTOPPP
project prior to the date its written notice of withdrawal is effective as
provided by Section 6.03.
Section 6.9. Default by Member A ena. Failure to adhere to the requirements
of this Agreement may result in termination of Member Agency status effective July 1 of
any year, upon ninety (90) days prior written notice to the defaulting Member Agency by
the County ~ment ef Public WorksMCSTOPPP, with subsequent approval by the
Board of Supervisors.
Section 6.10. Disputes and Arbitration.
(a) The Member Agencies agree that any dispute which arises between or
among them involving the interpretation or application of this
Agreement, or the rights and remedies of the Member Agencies, which
cannot be resolved through discussion shall be subject to mandatory
binding arbitration pursuant to California Code of Civil Procedure
Section 1280, and shall not be subject to judicial determination except
as expressly provided by law.
(b) If a Member Agency wishes to submit a dispute to arbitration, it shall
serve a demand for arbitration, setting forth the issues to be arbitrated
and the general contentions of the Member Agency on the other
Member Agencies. All demands for arbitration shall be served within
one year of the event giving rise to the dispute.
(c) The Member Agencies may mutually agree upon an arbitrator. If the
Member Agencies cannot agree upon an arbitrator, the Member
Agency demanding arbitration shall request a list of arbitrators with
prior experience in similar disputes from the San Francisco Office of
the American Arbitration Association. Each Member Agency
(commencing in alphabetical order) shall alternately strike a name
from the list until only one name remains.
Section 6.11. Additional Member Agencies. In addition to the original
signatories to this Agreement, any Local Agency within Marin County may become a
9
Member Agency. The addition of any new Member Agency shall become effective upon
the execution on behalf of such Local Agency of a counterpart of this Agreement and the
delivery of such executed counterpart to the EyDistrict.
Section 6.12. Notices. Any notice, request, or other communication under this
Agreement shall be given by first class mail or personal delivery to the party entitled
thereto, or by facsimile transmission or other form of telecommunication. Unless
otherwise provided herein, notice shall be effective either: (i) upon transmission by
facsimile transmission or other form of telecommunication, provided a telephonic
communication of such transmission is provided; (ii) forty-eight (48) hours after deposit
in the United States mail, postage prepaid; or (iii) in the case of personal delivery to any
person, upon actual receipt.
Section 6.13. Section Headings. All section headings.in this Agreement are for
convenience of reference only and are not to be construed as modifying or governing the
language in the section referred to or to define or limit the scope of any provision of this
Agreement.
Section 6.14. Law Governing. This Agreement is made in the State of California
under the constitution and laws of the State, and is to be so construed.
Section 6.15. Severability. Should any portion of this Agreement be held by any
court of competent jurisdiction to be invalid, unenforceable, void or voidable for any
reason whatsoever, the validity and enforceability of the remaining portions shall not be
affected thereby.
Section 6.16. Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute
one and the same instrument.
Section 6.17. Successors. This Agreement shall be binding upon and shall inure
to the benefit of the successors of the respective Member Agencies.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized on the respective
dates shown below.
Date: , 2005
By:
President of the Board of Supervisors
10
MARIN COUNTY FLOOD CONTROL
AND WATER CONSERVATION
DISTRICT
County of Marin
By:
iPresident of the Board of Supervisors
CITY OF BELVEDERE
By:
Mayor
CITY OF MILL VALLEY
By:.
Mayor
CITY OF NOVATO
By:
Mayor
CITY OF SAN RAFAEL
By: -
Mayor -
CITY OF SAUSALITO
By:
Mayor
TOWN OF CORTE MADERA
By:
Mayor
TOWN OF FAIRFAX
By:
II
Mayor
TOWN OF LARKSPUR
By:
Mayor
TOWN OF ROSS
By:
By:
Mayor
TOWN OF SAN ANSELMO
By:
Mayor
TOWN OF TIBURON
Mayor
12
EXHIBIT A
MCSTOPPP ANNUAL ACTION PLAN
JOINT EXERCISE OF POWERS AGREEMENT
Relating to the
MARIN COUNTY STORMWATER
POLLUTION PREVENTION PROGRAM
MARIN COUNTY STORMWATER POLLUTION PREVENTION PROGRAM
JOINT EXERCISE OF POWERS AGREEMENT
This Joint Exercise of Powers Agreement is dated as of , 2009, and is
made by and among the Marin County Flood Control and Water Conservation District,
the County of Marin, the Cities of Belvedere, Mill Valley, Novato, San Rafael and
Sausalito, the Towns of Corte Madera, Fairfax, Larkspur, Ross, San Anselmo, Tiburon,
and such other Local Agencies within the County of Marin as may hereafter become
signatories hereto (the "Member Agencies").
RECITALS
A. The Joint Powers Act provides that public agencies by agreement may
jointly exercise any power common to them.
B. The parties hereto are "public agencies" within the meaning of that term
under Section 6502 of the Joint Powers Act and possess in common the power to develop
and maintain mapping and other informational data to meet the informational needs of
the public and each of the Member Agencies.
C. The parties desire to enter into this Agreement in furtherance of the Joint
Powers Act.
NOW, THEREFORE, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
Section 1.01. Definitions. As used herein, the following terms shall have the
meaning ascribed thereto, unless the context requires otherwise.
"Agreement" means this Joint Exercise of Powers Agreement.
"Board of Supervisors" means Board of Supervisors of the Marin County Flood
Control and Water Conservation District.
"District" means the Marin County Flood Control and Water Conservation
District
"Joint Powers Act" means Chapter 5 of Division 7 of Title 1 of the Government
Code of the State, as amended from time to time.
"Local Agency" has the meaning set forth in Section 53600 of the Government
Code of the State, as amended from time to time.
2
"Member Agency" means each of the original signatories to this Agreement and
any Local Agency, which hereafter becomes a signatory to this Agreement pursuant to
Section 6.12.
"MCSTOPPP" means the Marin County Stormwater Pollution Prevention
Program.
"State" means the State of California.
"Steering Committee" means the committee established pursuant to Section 5.01.
ARTICLE II
THE MCSTOPPP PROJECT
Section 2.01. Purpose of Agreement. The purpose of this Agreement is to
develop, implement and administer a stormwater pollution control program.to reduce the
discharge of pollutants in stormwater to the maximum extent practicable per the
requirements of the General Permit for the Discharge of Stormwater from Small MS4s
(WQ Order No. 2003-0005-DWQ) and subsequent permits.
Section 2.02. Program Structure. Countywide Program activities are conducted
for the benefit of all MCSTOPPP agencies. In addition to participating in Countywide
Program planning activities, each MCSTOPPP agency must also implement a Local
Program. The roles of the Countywide Program and Local Programs for each task are
described in the MCSTOPPP stormwater management plan (Action Plan), attached as
Exhibit A to this Agreement. Local Programs must also implement performance
standards described in Appendix A of the action plan. The Action Plan may be amended
from time to time in response to permitting requirements.
Section 2.03. Program Activity
(a) Caring for Our Creeks and Waterways
This activity describes watershed surveys, assessments, and monitoring to
identify impacts to water quality and habitat, integral to MCSTOPPP's
watershed approach. This activity also contains two important elements of
Federally mandated municipal stormwater programs: activities to prevent
pollutant discharge from municipal maintenance activities, and activities
to effectively eliminate non-stormwater discharges.
(b) Building and Renewing
This activity describes good site planning and development review
practices to ensure new projects are designed with watershed protection in
mind. This activity also describes control to minimize erosion and
3
sedimentation from construction activities. An important element of this
activity is continuing education for municipal staff, contractors, and
engineers.
(c) Educating Ourselves at Work
This activity describes how MCSTOPPP controls pollutant discharges
from business activities through inspection and outreach. Continuing
education for municipal staff, business owners, and their customers is also
an important element in this activity
(d) Educating Ourselves at Home and School
This activity describes general public education and information
dissemination, as well as targeted education efforts to residential
neighborhoods and schools.
(e) Protecting Our Future
This activity describes how MCSTOPPP will work with the regulatory
community to obtain coverage under a municipal stormwater permit and
influence other regulatory programs, such as Total Maximum Daily Load
(TMDL) development and allocation.
ARTICLE III
ADMINISTRATION OF THE AGREEMENT
Section 3.01. Marin County Flood Control and Water Conservation District
(District) to Administer Agreement. The District shall administer this Agreement, and
shall exercise in the manner herein provided the powers common to the Member
Agencies and necessary to the accomplishment of the purposes of this
Agreement, subject to the restrictions set forth in Section 3.02.
Section 3.02. Restrictions on Exercise of Powers. Such powers shall be exercised
in the manner provided in the Joint Powers Act and shall be subject (in accordance with
Section 6509 of the Joint Powers Act) to the restrictions upon the manner of exercising
such powers that are imposed upon the District in the exercise of similar powers.
Section 3.03 Specific Services. The Marin County Flood Control and Water
Conservation District will oversee the implementation of the MCSTOPPP Program in
accordance with Article II. The District has the authority to submit an annual report and
5-year stormwater management plans to the California Regional Water Quality Control
Board on behalf of the member agencies.
Section 3.04. Compensation. In consideration for the services to be performed by
4
Marin County Flood Control and Water Conservation District an annual fee will be paid
by each Member Agency to the District upon approval of this Agreement and on or
before July 1 of each year thereafter while this Agreement is in effect. The fee shall be
paid within 60 days of billing unless alternate arrangements are submitted to and
authorized in writing by MCSTOPPP. The annual fee is in addition to any permit fees
levied by the State.
The annual fee shall be based on the annual cost of the program as approved by
the Board of Supervisors and allocated to member agencies in accordance with a land and
population pro rata as described below:
County Share = Population within Marin County (unincorporated areas)
Total population within Marin Co.
Each Cities Share = (1.00-County Share) 0.5 (Area) + 0.5(Population)
ECity areas ECity population
ARTICLE IV
MEMBERSHIP
Section 4.01. Benefits of Membership. By participating in the MCSTOPPP
Project, a Member Agency receives the following benefits: MCSTOPPP provides
assistance with implementation of the technical and regulatory aspects of the National
Pollutant Discharge Eliminations System (NPDES) Phase II stormwater program.
MCSTOPPP assists municipalities with the implementation of their local program tasks.
Section 4.02. Obligations of Member Agencies. Membership in the MCSTOPPP
Project obligates Member Agencies to: Share costs of the Countywide Program through
annual contributions as calculated in Section 3.04 .
Section 4.03. Member Qualifications. Member Agencies shall be limited to
Local Agencies located within Marin County.
Section 4.04. Indemnification.
(a) Each Member Agency shall be solely liable for the negligent acts or
omissions of its officers, representatives, agents or employees
occurring in the performance of this Agreement. If any Member
Agency becomes liable for damages, attorneys fees or any other costs
or liabilities caused by its officers, representatives, agents or
employees, it shall pay such damages, fees or costs without
contribution by the other Member Agencies.
5
ARTICLE V
GOVERNING STRUCTURE
Section 5.01. The Marin General Services Authority. The Marin General
Services Authority shall be advisory to Board of Supervisors on the MCSTOPPP
program.
Section 5.02. Powers of the Marin General Services Authority.
(a) The Marin General Services Authority or its successor shall make
recommendations to the Board of Supervisors on the annual
MCSTOPPP stormwater management plan (Action Plan).
(b) The Marin General Services Authority or its successor shall
recommend to the Board of Supervisors an annual budget no later than
May 15 of each year.
6
ARTICLE VI
MISCELLANEOUS
Section 6.01. Funding.
The Marin General Services Authority shall recommend an annual
budget for adoption by the Board of Supervisors no later than May 15
of each succeeding year. MCSTOPPP funds shall be maintained in a
trust account and these funds shall not be interspersed with other funds
held by the Treasurer.
(a) Funds may not be disbursed by the District on behalf of the
MCSTOPPP project without adoption of the approved budget, and all
receipts and disbursements shall be in strict accordance with the
approved budget. The budget shall identify the programs of the
MCSTOPPP project and allocate funds by program. The budget and
accounting system shall account for direct and overhead costs by
program. The Marin General Services Authority shall recommend
and the Board of Supervisors shall allocate these costs for each
program with the adoption of the annual budget.
Section 6.02. Treasurer. The Auditor-Controller of the County shall serve as the
Treasurer for the MCSTOPPP project.
The Treasurer shall serve as the depository, have custody of all funds and
establish and maintain such books, records, funds and accounts as may be required by
reasonable accounting practices, and in compliance with California Government Code
Section 6505. The books and records pertaining to the MCSTOPPP project shall be open
to inspection at all reasonable times to the Member Agencies and the public.
The Treasurer shall prepare such financial reports as may be requested by the
Marin General Services Authority and/or as directed by the Board of Supervisors.
The Treasurer shall cause an independent annual audit of the accounts and records
by a certified public accountant, in compliance with the requirements of Section 6505 of
the California Government Code and generally accepted auditing standards.
MCSTOPPP funds shall be maintained in a trust account and these funds shall not
be interspersed with other funds held by the Treasurer.
Section 6.03. Debts and Liabilities. Except as otherwise provided by Section
6.05(c), no debt, liability or obligation of the MCSTOPPP project shall constitute a debt,
liability or obligation of any Member Agency, and each Member Agency's obligation
hereunder is expressly limited only to the appropriation and contribution of such funds as
may be levied hereunder for services among the Member Agencies, or on a fee-for-
service basis, or as the parties hereto may otherwise agree.
7
Section 6.04. Effective Date. This Agreement shall become effective when it has
been executed by seven (7) Member Agencies.
Section 6.05. Termination. This Agreement may be terminated as follows:
(a) By the Board of Supervisors upon thirty day written notice to the
member agencies
(b) By a majority of the Member agencies upon thirty day written notice to
the Member agencies.
(c) Upon termination, payment of the obligations and division of property
of MCSTOPPP shall be made pursuant to Section 6.06
Section 6.06. Disposition of authority Funds Upon Termination.
(a) In the event of termination of the MCSTOPPP project as organized
and managed under this Agreement, all funds remaining after payment
of all obligations of the MCSTOPPP project shall be transferred to any
successor organization or agency designated by the Board of
Supervisors to carry out the activities and operations of the
MCSTOPPP project.
(b) If there is no successor entity designated by the Board of Supervisors
to carry on the activities of the MCSTOPPP project, or assume its
obligations, all funds remaining after payment of all obligations shall
be distributed to the Member Agencies in proportion to their
contribution as approved by the Board of Supervisors after receiving
the recommendation of the Marin General Services Authority.
(c) If a successor organization or agency undertakes some of the functions
of the MCSTOPPP project, and assumes some of its obligations, all
funds remaining after payment of all obligations shall be allocated by
the Board of Supervisors between the successor organization or
agency and Member Agencies after receiving the recommendation of
the Marin General Services Authority.
(d) If the MCSTOPPP project is terminated due to circumstances falling
within paragraph (b) or (c) above, the decisions of the Board of
Supervisors shall be final.
Section 6.07. Amendments. This Agreement may be amended only upon the
recommendation of a two-thirds affirmative vote of the Marin General Services Authority
and subsequent approval by a majority of the Board of Supervisors.
Section 6.08. Withdrawal.
(a) Any Member Agency may withdraw from the MCSTOPPP project
effective July 1 of any year upon ninety (90) days written notice to the
District.
(b) If a Member Agency withdraws, its financial obligation shall be
limited to its share of costs and liabilities incurred by the MCSTOPPP
project prior to the date its written notice of withdrawal is effective as
provided by Section 6.03.
Section 6.9. Default by Member Agency. Failure to adhere to the requirements
of this Agreement may result in termination of Member Agency status effective July 1 of
any year, upon ninety (90) days prior written notice to the defaulting Member Agency by
MCSTOPPP, with subsequent approval by the Board of Supervisors.
Section 6.10. Disputes and Arbitration.
(a) The Member Agencies agree that any dispute which arises between or
among them involving the interpretation or application of this
Agreement, or the rights and remedies of the Member Agencies, which
cannot be resolved through discussion shall be subject to mandatory
binding arbitration pursuant to California Code of Civil Procedure
Section 1280, and shall not be subject to judicial determination except
as expressly provided by law.
(b) If a Member Agency wishes to submit a dispute to arbitration, it shall
serve a demand for arbitration, setting forth the issues to be arbitrated
and the general contentions of the Member Agency on the other
Member Agencies. All demands for arbitration shall be served within
one year of the event giving rise to the dispute.
(c) The Member Agencies may mutually agree upon an arbitrator. If the
Member Agencies cannot agree upon an arbitrator, the Member
Agency demanding arbitration shall request a list of arbitrators with
prior experience in similar disputes from the San Francisco Office of
the American Arbitration Association. Each Member Agency
(commencing in alphabetical order) shall alternately strike a name
from the list until only one name remains.
Section 6.11. Additional Member Agencies. In addition to the original
signatories to this Agreement, any Local Agency within Marin County may become a
Member Agency. The addition of any new Member Agency shall become effective upon
the execution on behalf of such Local Agency of a counterpart of this Agreement and the
delivery of such executed counterpart to the District.
Section 6.12. Notices. Any notice, request, or other communication under this
Agreement shall be given by first class mail or personal delivery to the party entitled
9
thereto, or by facsimile transmission or other form of telecommunication. Unless
otherwise provided herein, notice shall be effective either: (i) upon transmission by
facsimile transmission or other form of telecommunication, provided a telephonic
communication of such transmission is provided; (ii) forty-eight (48) hours after deposit
in the United States mail, postage prepaid; or (iii) in the case of personal delivery to any
person, upon actual receipt.
Section 6.13. Section Headings. All section headings in this Agreement are for
convenience of reference only and are not to be construed as modifying or governing the
language in the section referred to or to define or limit the scope of any provision of this
Agreement.
Section 6.14. Law Governing. This Agreement is made in the State of California
under the constitution and laws of the State, and is to be so construed.
Section 6.15. Severability. Should any portion of this Agreement be held by any
court of competent jurisdiction to be invalid, unenforceable, void or voidable for any
reason whatsoever, the validity and enforceability of the remaining portions shall not be
affected thereby.
Section 6.16. Counterparts. This Agreement may be executed in counterparts,
each of which shall be deemed to be an original, but all of which together shall constitute
one and the same instrument.
Section 6.17. Successors. This Agreement shall be binding upon and shall inure
to the benefit of the successors of the respective Member Agencies.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed and attested by their proper officers thereunto duly authorized on the respective
dates shown below.
Date: , 2005
By:
President of the Board of Supervisors
MARIN COUNTY FLOOD CONTROL
AND WATER CONSERVATION
DISTRICT
10
County of Marin
By:
President of the Board of Supervisors
CITY OF BELVEDERE
By:
Mayor
CITY OF MILL VALLEY
By:
Mayor
CITY OF NOVATO
By:
Mayor
CITY OF SAN RAFAEL
By:
Mayor
CITY OF SAUSALITO
By:
Mayor
TOWN OF CORTE MADERA
By:
Mayor
TOWN OF FAIRFAX
By:
Mayor
TOWN OF LARKSPUR
By:
Mayor
11
TOWN OF ROSS
By:
Mayor
TOWN OF SAN ANSELMO
By:
Mayor
TOWN OF TIBURON
By:
Mayor
12
EXHIBIT A
MCSTOPPP ANNUAL ACTION PLAN
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council .
Office of the Town Manager
Town Council Meeting
July 15, 2009
Agenda Item: CC"'
Recommendation to Approve a Tribute to Amy Belser, Retiring City
Councilmember of the City of Sausalito, for her Many Years of Public
Serv`
'n aT),
lzy~
After many years of service on local committees and commissions, Amy Belser was first elected
to the City Council of Sausalito in 1992. Ms. Belser served as Sausalito's Mayor in 1993, 1998,
2003 and 2008. In her elected capacity she made significant contributions to the region. Ms.
Belser is resigning from her Council seat at this time for health reasons.
The text of the resolution passed by the Sausalito City Council, which provides more background
on Ms. Belser, is attached.
The attached Tribute to Amy Belser was written by Mayor Fredericks, who has worked closely
with Ms. Belser over the years. Council is asked to endorse this Tribute so that it may be
provided to Ms. Belser on behalf of the Town of Tiburon.
RECOMMENDATION
Staff recommends that the Town Council:
Move to approve the attached "Tribute to Amy Belser".
Exhibits:
Prepared By:
City of Sausalito Resolution
Town of Tiburon Tribute to Amy Belser
Peggy Curran, Town Manager
TOWN OF TIBURON PAGE 1 OF 1
City of Sausalito
Resolution
WHEREAS, Amy Belser became a resident of the City of Sausalito in the year 1967,
moving into what she thought was a beautiful, peaceful town; and
WHEREAS, in 1985, Amy suddenly found herself wanting to get involved in her little
community and, thus, began serving on the Tree Committee, and then three years later on the
Parks and Recreation Committee and then on to the Planning Commission a few years later; and
WHEREAS, Amy found this involvement to be so stimulating that she decided to run for
City Council and found herself immediately elected to the City Council in April, 1992; and
WHEREAS, Amy was found to serve on the Council with such commitment, that she
also served as the Mayor of the City of Sausalito in 1993, 1998, 2003 and 2008; and
WHEREAS, Amy's dedication did not end with just the City of Sausalito, she continued
her dedicated service within the Marin County Council of Mayors and Councilmembers
organization and served as President in 1995-96; and
WHEREAS, serving as President of the Marin County Mayors and Councilmembers was
not enough, Amy served on many of the committees including those relating to transportation
and became earnestly involved in their Legislative Committee, making relentless trips to the
State Capitol, and anywhere else, to keep up to date on the laws that would affect any of our
local jurisdictions, and ultimately serving on the North Bay Division of the League of California
Cities; and
WHEREAS, Amy has served her community with such dedication, all the while
continuing with her duties with the American Medical Association, that now after nearly 25
years of service to the City of Sausalito and her extended community, she finds that she must
take time to take care of herself first; and
WHEREAS, Amy has found that she must resign from the Sausalito City Council,
effective June 30, in order to dedicate some time to take care of herself.
NOW, THEREFORE, BE IT RESOLVED, that Amy Belser will be sorely missed, and
that all who have known and worked with her will find themselves with a heavy heart, all
knowing that this is only for the best. It is with deepest regard, that we, the Marin County
Council of Mayors and Councilmembers, truly recognize the contributions made by Amy Belser
and that we offer her our very best.
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TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
July 15, 2009
Agenda Item: j--
Designation of Delegates to upcoming League of California Cities
Conferences
The League of California Cities is hosting a summit on governance and fiscal reform in
Sacramento on July 17 and 18. Mayor Fredericks has requested that the Town appoint a delegate
to represent the Town at this conference.
Additionally, the League of California Cities' Annual Conference is scheduled for September 16
through 18 in San Jose. In order to vote at the Annual Business Meeting, the Town Council must
appoint a voting delegate. The Town's delegate, along with the representatives from other cities,
will consider and take action on resolutions that establish League policy. According to the
League's bylaws, a city may appoint a voting delegate and up to two alternates.
RECOMMENDATION
Staff recommends that the Town Council:
1) Appoint a delegate to represent the Town of Tiburon at the Local Government Summit
on Governance and Fiscal Reform on July 17-18, 2009;
2) Appoint a voting delegate to represent the Town of Tiburon at the League of
California Cities Annual conference on September 16-18, 2009;
3) Appoint up to two alternates, if desired, in the event the voting delegate is unable to
serve in that capacity (at the annual conference).
Exhibits: Invitation to Local Government Summit on Governance and Fiscal Reform
June 5, 2009 letter from League of California Cities
Voting Delegate/Alternate Form
Prepared By: Diane Crane Iacopi, Town Clerk
1400 K Street, Suite 400 • Sacramento, California 95814
L E AG U E Phone: 916.658.8200 Fax: 916.658.8240
OF C;ALI FC: KN [A
L,C www.cacities.org
IT I E S
You Are Invited to the
Local Government Summit on Governance
and Fiscal Reform
July 17-18, Sacramento
sponsored by the
Cities Counties Schools Partnership
A collaboration of the League of California Cities,
the California State Association of Counties and the California School Boards Association
Join with hundreds of city, county and school leaders to consider and help craft
reforms that will restore a greater degree of local control over services, taxation
and spending decisions and end the decades of the state's failure to adopt
balanced budgets and meet the pressing needs of our state.
✓ Hear from Experts
✓ Review Draft Local Government Principles of Reform
✓ Consider Whether We Need a Constitutional Convention to Do the job
✓ Work with Peers to Create a Plan for Reform Local Governments Need!
It's Time to Restore Local Control!
Additional Details
Who: Elected and senior appointed city/county officials and school board members
When: Friday, July 17: 1 - 2 p.m. - Registration
2 - 4:30 p.m. - Program
5 - 6:30 p.m. - Reception then dinner on your own
Saturday, July 18: 8 am - 3 p.m. - Program, including breakfast/lunch
Where: Hyatt Regency, Hyatt Regency Sacramento, 1209 L Street, Sacramento
Cost: $80 for elected and senior appointed city and county officials and school
board members; $120 for all others
How City Officials and Others' Can REGISTER:
• Summit Registration: online at www.cacities.org/events
• Hotel Reservation: Contact the Hyatt Regency directly at (800) 233-1234 and ask
for the special Local Government Summit room block, $99 (reduced from 1124)
plus taxes for the night of Friday, July 17
o Cut-Off Date for Hotel Rooms: July 7, 2009
' County officials should register through CSAC and school board members through CSBA.
1400 K Street, Suite 400 • Sacramento, California 95814
LEAGUE Phone: 916.658.8200 Fax: 916.658.8240
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C1TIE
Council Action Required by August 21, 2009
June 5, 2009
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference - September 16-18, San Jose
The League's 2009 Annual Conference is scheduled for September 16-18 in San Jose. An
important part of the Annual Conference is the Annual Business Meeting, scheduled for 3:15 p.m.,
Friday, September 18, at the San Jose Convention Center. At this meeting, the League
membership considers and takes action on resolutions that establish League policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity.
In order to establish voting delegate/alternates' records prior to the conference, please
complete the attached Voting Delegate form and return it to the League's office no later
than Friday, August 21, 2009.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
Action by Council Required. Consistent with League bylaws, a city's voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken, or have your city clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates must be done by cily council action and
cannot be accomplished by individual action of the mayor or city manager alone.
Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference; they
may register for Friday only. In order to cast a vote, at least one person must be present
at the Business Meeting and in possession of the voting delegate card. Voting delegates
and alternates need to pick up their conference badges before signing in and picking up
the voting delegate card at the Voting Delegate Desk. This will enable them to receive
the special sticker on their name badges that will admit them into the voting area during
the Business Meeting.
-more-
• Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but
only between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the San Jose
Convention Center, will be open at the following times: Wednesday, September 16, 10:00 a.m.;
Thursday, September 17, 7:30 a.m.; and September 18, 7:30 a.m. The Voting Delegate Desk
will also be open at the Business Meeting, but not during a roll call vote, should one be
undertaken.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city's voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by Friday, August 21 st. If you have questions, please call Mary McCullough
at (916) 658-8247.
Attachments:
• 2009 Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
y 1400 K Street, Suite 400 • Sacramento, California 95814
LEAGUE Phone: 916.658.8200 Fax: 916.658.8240
OF C AI.] FORN [A. www.cacities.org
ATI
E S
Annual Conference Voting Procedures
2009 Annual Conference
1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick
up the city's voting card at the Voting Delegate Desk in the conference registration area.
Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will
receive a special sticker on their name badge and thus be admitted to the voting area at the
Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates) and who have picked up their city's voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates, but may not be transferred to
another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card
will sit in a separate area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
LEAGUE
OF cA1.1FORNlA
C.T ES
CITY:
2009 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Friday, August 21, 2009.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in
the Annual Conference Registration Area. Your city council may designate one voting
delegate and up to two alternates.
In order to vote at the Annual Business Meeting, voting delegates and alternates must be designated by
your city council. Please attach the council resolution as proof of designation. As an alternative, the
Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the
council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this special area will be limited to individuals (voting delegates and alternates)
who are identified with a special sticker on their conference badge. This sticker can be obtained only at
the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE
AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: E-mail
Title: Phone:
Date:
Please complete and return by Fridav. August 21 to:
League of California Cities FAX: (916) 658-8240
ATTN: Mary McCullough E-mail: mccullom@cacities.org
1400 K Street (916) 658-8247
Sacramento, CA 95814
V otingDelegateLetterWdoc
TOWN OF TIBURON
71505 Tiburon Boulevard
l~
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Administrative Services Department
Town Council Meeting
July 15, 2009
Agenda Item: p
l
Subject: Recommendation to Approve a Resolution Continuing the Cypress Hollow
Lighting & Landscaping District Assessment for FY 2010
- 6, " L
Reviewed By.
BACKGROUND
In 1998 the residents of Cypress Hollow petitioned and received approval from the Local Agency
Formation Commission for annexation into the Tiburon Town Limits. The area was previously in
unincorporated Marin County. The County of Marin had maintained and operated a Landscaping
and Lighting District in Cypress Hollow for the purpose of park and storm drainage. maintenance
since the park was created in 1990. Since annexation, the Town of Tiburon has continued the
operation and maintenance activities of the Cypress Hollow Landscaping and Lighting District
and assessed the residents the cost thereof.
ANALYSIS
The California Streets and Highway Code require the Town to publicly notice the effected
residents annually in order to continue the Landscaping and Lighting Assessment District. The
Town must provide the residents an opportunity to submit either written or oral protests. On May
18, 2009 the residents of Cypress Hollow were sent via U.S. a notice of this evening's public
hearing. As of the writing of this report the Town has not received any inquiries on the proposed
assessment. There is no change in the amount of the assessment since incorporation, which is
$378 per year.
The adopted FY 2009-10 Municipal Budget appropriates $15,450 in assessment funds towards
on-going maintenance and renovations at the Cypress Hollow Park.
FINANCIAL IMPACT
The levy of the annual lighting and landscaping assessment provides a funding source for the cost
of Town maintenance of the park and any required improvements. Without this source of
funding these costs would be paid for from the General Fund.
RECOMMENDATION
Staff recommends that the Town Council:
1. Conduct a public hearing to hear any protests on the intent to levy the annual
assessment, and
2. Move to adopt the resolution continuing the Cypress Hollow Lighting and
Landscaping District for FY 2009-10
Exhibits: Draft Resolution continuing the maintenance and operation of
the Landscape and Lighting District in the Cypress Hollow
Subdivision for Fiscal Year 2009-10
Prepared By: Heidi Bigall, Director of Administrative Services
RESOLUTION NO. XX-2009
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON CONTINUING
MAINTENANCE AND OPERATION OF THE LANDSCAPE
AND LIGHTING DISTRICT IN THE CYPRESS HOLLOW SUBDIVISION
IN FISCAL/TAX YEAR 2009-2010
WHEREAS, the County of Marin has maintained and operated a Landscape and Lighting District
in Cypress Hollow, and received assessments from the parcels therein for the purpose of operating and
maintaining the following areas: (1) landscaping and irrigation of the sewer sanitary easement on the east
boundary, (2) entry landscaping and irrigation of the 30' storm drainage easement in the southwest
boundary area, and (3) ownership and maintenance of the park site, all as part of the Cypress Hollow
Development; and
WHEREAS, in December 1998 the Town of Tiburon annexed the Cypress Hollow Area, and in
April 1999 accepted the Grant Deed from the County of Marin for the Cypress Hollow Public Park; and
WHEREAS, the Town of Tiburon, having completed annexation of the parcels in the Cypress
Hollow District, herein states its intention to continue the operation and maintenance activities of the
Cypress Hollow Landscape and Lighting District heretofore the responsibility of the County of Marin.
NOW THEREFORE IT IS RESOLVED, as follows:
Section 1. The special assessment levy for the District in Fiscal Year 2009-2010 is
established as follows, for continued operation and maintenance District:
034.012.56220 Rancho Dr.
$378.00
034.394.01
10 Monterey Dr.
$378.00
034.012.57110 Monterey Dr.
$378.00
034.394.02
20 Monterey Dr.
$378.00
034.392.0210 Cypress Hollow.
$378.00
034.394.03
30 Monterey Dr.
$378.00
034.392.0320 Cypress Hollow
$378.00
034.394.04
40 Monterey Dr.
$378.00
034.392.0430 Cypress Hollow
$378.00
034.394.05
50 Monterey Dr.
$378.00
034.392.0540 Cypress Hollow
$378.00
034.394.06
60 Monterey Dr.
$378.00
034.392.0650 Cypress Hollow
$378.00
034.394.07
70 Monterey Dr.
$378.00
034.392.0760 Cypress Hollow
$378.00
034.394.08
80 Monterey Dr.
$378.00
034.392.0870 Cypress Hollow
$378.00
034.394.09
90 Monterey Dr.
$378.00
034.392.0980 Cypress Hollow
$378.00
034.394.10
100 Monterey Dr.
$378.00
034.392.10145 Rancho Dr.
$378.00
034.394.11
60 Baccharis Pl.
$378.00
034.393.01110 Rancho Dr.
$378.00
034.394.12
50 Baccharis Pl.
$378.00
034.393.02120 Rancho Dr.
$378.00
034.394.13
40 Baccharis Pl.
$378.00
034.393.03130 Rancho Dr.
$378.00
034.394.14
30 Baccharis Pl.
$378.00
034.393.04140 Rancho Dr.
$378.00
034.394.15
20 Baccharis Pl.
$378.00
034.393.05150 Rancho Dr.
$378.00
034.394.16
10 Baccharis Pl.
$378.00
034.393.06160 Rancho Dr.
$378.00
034.394.18
185 Rancho Dr.
$378.00
034.393.07170 Rancho Dr.
$378.00
034.395.01
35 Monterey Dr.
$378.00
034.393.08180 Rancho Dr.
$378.00
034.395.02
45 Monterey Dr.
$378.00
034.393.09190 Rancho Dr.
$378.00
034.395.03
55 Monterey Dr.
$378.00
034.393.10200 Rancho Dr.
$378.00
034.395.04
65 Monterey Dr.
$378.00
034.393.11210 Rancho Dr.
$378.00
034.395.05
75 Monterey Dr.
$378.00
Total assessment charge to the parcels of the District: $ 16,632.00.
Section 2. , The estimated District budget for Fiscal Year 2009-2010 provides for continuing
operating functions, and funds for capital improvements:
Amount
Contractual Services $125000
Materials & Supplies 4,632
Total Estimated Budget: $16,632
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, on
the xx day of July, xxxx, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
2