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HomeMy WebLinkAboutTC Agd Pkt 2010-10-06TOWN OF TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard October 6, 2010 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. AGENDA TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Slavitz, Mayor Collins CLOSED SESSION ANNOUNCEMENT, 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 • Presentation of Proclamation in recognition of World Polio Day - October 24, 2010 • Presentation of Resolution Commending Laleh Zehnsky for the Success of the Harbor Light Building Reconstruction Project 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 25, 2010 Special Meeting 2. Town Council Minutes - Adopt minutes of September 1, 2010 Regular Meeting 3. World Polio Day - Proclamation in recognition of World Polio Day, October 24, 2010 (Town Clerk Crane Iacopi) 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. cc-/ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Colli 7August eting of the Ti buron Town Council to order at 6:30 p.m. on Wedne da010, i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California., ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Fredericks, Fraser, O'Donnell, Slavitz Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Nguyen, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. CONSENT CALENDAR 1. Town Council Minutes - Adopt Minutes of July 21, 2010 meeting (Town Clerk Crane Iacopi) 2. 2010 Annual Street Improvement Project - Approve award of contract to Ghilotti Bros., Inc., and budget amendment to complete the project (Director of Public Works/Town Engineer Nguyen) MOTION: To approve Consent Calendar Item Nos. 1 and 2, as written. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS Mayor Collins said that Action Item No. 2 would be heard first. 2. SmartMeters - Brief presentation on installation of Pacific Gas & Electric (PG&E) SmartMeters; public comment and consideration of whether communication with the California Public Utilities Commission (PUC) or other action is warranted. DRAFT Town Council Minutes #xx -2010 August 25, 2010 Page I PG&E representative Brian Jensen gave his presentation regarding the SmartMeter program and responded to questions from the Council. He said that PG&E had applied to the California Public Utilities Commission in 2005 for an advanced meter reading infrastructure which was subsequently approved in 2006. He said that the current [federal] administration supported and funded "smart grid" technology and that PG&E's SmartMeters were part of this technology. He said that they were already widely deployed in Southern California. Mr. Jensen briefly described how the technology works-that it was a two-way radio transmission between customer and utility that would provide hourly, daily, and weekly readings. He said that the transmission signal for gas was once a day and that the electricity signal would be no more than once a month. He said the new technology would allow customers to have more accurate information and also allowed the utility to remotely hook-up new accounts thereby saving time and money. It would also allow PG&E to respond and reactivate more quickly in times of power outages, according to Jensen. In response to questions concerning the accuracy of the meters, Mr. Jensen said that SmartMeters were far more accurate than the old meters; he said that in 6 million meters deployed, only 12 had shown problems. He said that PG&E was not "Big Brother" and that SmartMeters did not invade the privacy of its customers. With regard to EMF transmissions, Mr. Jensen said that the transmissions were 45 seconds per day, in bursts. He said the World Health Organization said there were no short or long-term effects from the meters, and that supplemental studies conducted by PG&E in 1998 could be found at P GE. com. Councilmember O'Donnell asked how the Data Collection Unit functioned. Mr. Jensen said that it was a 1 x 1 foot unit that would be mounted on a PG&E facility in a neighborhood or, failing that, on a light pole. O'Donnell asked if there was a possibility that they would be located on private property. Jensen said that PG&E sought to use its own facilities first but that PG&E engineers would work with "partners" in the community to find locations. Councilmember Slavitz asked if the data transmission, which had previously been described as not in "real time", was a cell phone call, could the Data Collection Units could be located miles away. Mr. Jensen said that the box had to be within one square mile of the customer. Councilmember Fredericks asked how SmartMeters would integrate with customers who already have solar panels and "time of use" meters. Mr. Jensen said that he believed these meters would also have to be replaced. Fredericks said that she found the "time of use" reports to be difficult to understand and wondered whether SmartMeter customers would really fine the data useful. She said that she hoped that the data would be presented simply. DRAFT Town Council Minutes #xx -2010 August 25, 2010 Page 2 Mayor Collins asked Mr. Jensen if he could remain at the meeting to answer questions from the public after Action Item No. 1 was heard. Jensen said that he could. Mayor Collins moved to Action Item No. 1. ACTION ITEMS 1. Del Mar Valley 2010 Supplemental Utility Undergrounding Assessment District - Adoption of resolutions determining unpaid assessments and authorizing bond issuance (Town Attorney Danforth) a) Resolution Detennining Supplemental Assessments Remaining Unpaid, with Certificate of Unpaid Assessments; b) Resolution Authorizing the Issuance and Sale of Subordinate Lien Limited Obligation Improvement Bonds and Directing Related Actions Town Attorney Danforth gave a brief report, stating that the adoption of the two resolutions, plus the disclosure statement attached as an exhibit to the second resolution, were the next steps to move forward with completion of the Del Mar Utility Undergrounding District. She said that 10 residents in the district had prepaid their assessments by the end of business on August 24, in the amount of $145,159.66, and that the unpaid assessments totaled $1,962,600, which would be the amount of the bond to fund the district. Mayor Collins opened the public hearing. There was no public comment. Councilmember O'Donnell thanked members of Town staff for their efforts in bringing the district forward, and resolving the outstanding litigation. Town Manager Curran also thanked members of the Town Council ad hoc litigation subcommittee and said that staff profited greatly from their input. MOTION: To approve Resolution (a) above, as written. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous MOTION: To approve Resolution (b) above, along with the Continuing Disclosure Statement. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous Mayor Collins returned to Action Item No. 2. 2. SmartMeters - Brief presentation on installation of Pacific Gas & Electric (PG&E) SmartMeters; public comment and consideration of whether communication with the California Public Utilities Commission (PUC) or other action is warranted DRAFT Town Council Minutes #xy -2010 August 25, 2010 Page 3 Mayor Collins opened the public hearing The following people spoke: • Bob Doherty, Sugarloaf, expressed anger regarding the safety of his pacemaker and said that no one had talked to the manufacturers about how he and other users would be affected by this program; • Irene Silesky, Lyford Drive, said there were too many unanswered questions and asked what was the rush; said that hackers might invade the system and turn it off, said PG&E should come up with better data and test the system to see how it works; said cells phones do not work in this area so how could the meter's data transmission work; • Brian Lantier, Sugarloaf, said that any savings to PG&E customers would be offset by the rate increase to fund the SmartMeter program; • Diane [could not hear name], Fairfax resident and realtor, said that some people want to buy homes in communities without SmartMeters, and that the transmissions would take a toll on young children; she asked the Council to join the towns and cities asking for a moratorium on this program; • Mary Beth Branigan, Bolinas, co-director of Ecology Options Network, cited several studies on the dangers of radiation from radio transmissions; said that the FCC regulations were based on one single short-term exposure, not the frequent strong pulses from SmartMeters transmissions and the transmitters located in neighborhoods; • Lynn Fox, Sugarloaf, said that she was involved with an EMF conference at SF State; said that the Europeans were "guinea pigs" for these programs and that some people had developed brain tumors; shad that her hearing aids were affected by radio transmissions and that the transmissions would not only be in her home but throughout the neighborhood; • Valerie Hood, Fairfax, also called for a moratorium on the program until the questions of privacy, security and health were more fully answered by PG&E; • Barbara Wilson, President of Marinero Owners Association, said that the Board of Directors had also submitted a letter to the Council asking for a temporary moratorium until these questions could be answered; she pointed out that the PG&E representative was unable to answer them to anyone's satisfaction tonight, suggested that there should be an independent study conducted on these issues; • Carolyn Friedman, Lyford Drive, asked whether the transmission boxes would operate all day long; said she would like to see schematics of the EMF transmissions; said that her "brain left her body" when she was around EMFs; • Michael Arthur, Virginia Drive, said that he was worried about the cumulative effect on the children of our community and asked the Council to "stop these people right now"; • Jim Ingram, Cecilia Place Homes, said the information was difficult to understand and that the Council should take legal action so that the public could get answers to their questions. Mayor Collins closed the public hearing. DRAFT Town Council Minutes #xx -2010 August 25, 2010 Page 4 In response to a question from Vice Mayor Slavitz concerning the Town's authority in this matter, Town Attorney Danforth said that the ultimate authority in approving the program was the California Public Utilities Commission (CPUC). She said that the CPUC had scheduled hearings for next month. She said that the Town might have some aesthetic input on the placement of boxes, etc. but that its authority was limited. She noted that PG&E had voluntary agreed to some of the moratoriums being discussed. The Council asked some additional questions of Mr. Jensen. The Council noted that many of the responses they received seemed incomplete. Councilmember Fraser asked Mr. Jensen why he thought there was such a hue and cry against the program. Mr. Jensen said that PG&E had not done a good job of outreach and was trying to rectify that situation with workshops and voluntary moratoriums. Councilmember Fraser agreed that it would be beneficial to pause and listen before moving forward. Councilmember Fredericks said that the debate about radio frequencies (EMFs) had gone on for several decades and that there were many studies available. She agreed that people should have their questions answered concerning the safety and accuracy of the data. Mayor Collins noted that at one time, people thought that sun tanning was not harmful but had been later proved wrong. Councilmember O'Donnell said that some aspects of the program clearly seemed to be beneficial to PG&E in allowing it to downsize its workforce and negotiate with energy producers; however, he agreed that it might be useful to call for a moratorium so that the other questions and concerns raised by citizens could be addressed. After further discussion, the Town Council agreed that calling for legal action [moratorium] was not within the Town's purview. The Council also noted that it was not in a position to evaluate all of the information and data concerning the SmartMeter program. However, the Council noted the importance of the issue to the residents of Tiburon, and asked Mr. Jensen to take back the questions and concerns of the Council and its citizens to PG&E and ask for a response. MOTION: To authorize the Mayor to write a letter to PG&E requesting additional information regarding safety, accuracy of the Smart Meters and to publish response on Town's website and electronic newsletter, and in Town Council Digest. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. DRAFT Town Council Minutes kr -2010 August 25, 2010 Page 5 TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - July 23, 2010 • Town Council Weekly Digest - July 30, 2010 • Town Council Weekly Digest - August 6, 2010 • Town Council Weekly Digest - August 13, 2010 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Collins adjourned the meeting at 8:45 p.m. to the next regularly scheduled meeting of September 1, 2010. RICHARD COLLINS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2010 August 25, 2010 Page 6 C'C-,) TOWN COUNCIL MINUTES CALL TO ORDER Mayor Collins c t e regular ting of the Tiburon Town Council to order at 7:30 p.m. on Wednesd September 1, 2010, in wn Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cali rnia. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Fredericks, Fraser, O'Donnell, Slavitz 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 Prior to the regular meeting, the Council conducted an interview. INTERVIEW FOR BOARD AND COMMISSION VACANCY - (7:15 p.m.) (Heritage & Arts Commission - One Vacancy) Azita de Mujica, 53 Eastview Avenue CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Mr. Daniel LaCoste, Blackfield Drive, told the Council that all of the parking adjacent to his house had been eliminated due to the Town's painting the curb red concurrent with the re- opening of Congregation Kol Shofar's new facility. He said that he was aware that the Town's approval of the project required monitoring of traffic and parking on a six-month trial period, but he said he wanted the Council to know how this affected him. Mayor Collins said that the issue was on the Town's "radar". Town Manager Curran added that the curb painting (and other traffic and parking measures solutions) was part of a negotiated settlement with Congregation Kol Shofar. She said that sometimes a good idea "on paper" might not be so good in practice. DRAFT 'own Council Minutes #xx -2010 September 1, 2010 Page I 1 Councilmember Fredericks suggested that rather than the Town Council having to revisit these issues, it might be better for the complaints to be directed to the neighborhood council, which was also fonned and made part of the aforementioned agreement with CKS. The second speaker during Oral Communications was Chris Morrison, who stated that he was part of a national organization that worked to raise awareness of prostate cancer and the steps men could take to receive early detection and treatment. He asked the Council to consider signing a proclamation in support of this group. Mayor Collins presented Mr. Morrison with a signed proclamation (that had previously appeared in the Town Council Digest). PRESENTATION • Recognition of Outgoing Heritage & Arts Commissioners Berg, Bremer, and Schmidt Mayor Collins said that it was a Town tradition to honor outgoing commissioners. He presented plaques to Commissioners Bremer and Schmidt and said that Commissioner Berg was unable to attend. Mayor Collins thanked the commissioners for their service to the Town and invited them to say a few words. Mayor Collins then said there was a surprise presentation to honor Joan Palmero on the occasion of her 20t" anniversary of employment with the Town of Tiburon. The Mayor called Ms. Palmero to the podium and presented her with a proclamation, which he read into the record: Town of Tiburon Proclamation Commending JOAN PALMERO on her 20th Anniversary of Employment with the Town of Tiburon WHEREAS, Joan Pahnero began her career with the Town of Tiburon on September 1, 1990 when Town Hall was still located on Ned's Way; and WHEREAS, Joan's talents are many, and it soon became apparent that she was not only a terrific receptionist but a great resource and repository of local history and lore, which she willingly shares with any caller who needs help or wants to remember the name of the person who used to live down the street; and WHEREAS, after moving to the new Town Hall in 1997, Joan traded the quiet, pastoral scene of the hills behind Town Hall for a more vibrant downtown location, where her administrative duties were expanded to Office Assistant and Business License Administrator, thereby increasing the many ways she readily serves the public and the Town; DRAFT Town Council Minutes #xy -2010 September 1, 2010 Page 2 WHEREAS, on an hourly basis, Joan moves mountains (and hills) to satisfy a wide variety of requests presented by residents, from reuniting the dearly departed cat "Ripper" with its owner; ordering the Blue Angels not to fly over the Town; turning the fog horns off because they are disturbing one's sleep; to making the seals stop barking and getting dead critters removed from the Town's thoroughfares; WHEREAS, Joan deftly manages, and in several different languages, to calm and accommodate the most challenging of "customers"- members of the public who are angry, upset or in the middle of some crisis for which they hold the Town accountable- and helps steer them in a direction that will resolve their issues all the while maintaining compassion mixed with quick wit and her famous humor that is scathingly irreverent but never mean-spirited; WHEREAS, Joan is also known and recognized for her extraordinary flair in event planning, where her efforts have been put to use on countless occasions to plan the major commemorative milestones of the Town, such as its 25t''* 35t" and 40ti1 anniversary parties, the retirement of its long-time Town Manager, Bob Kleinert, the dedication of the "Coming About" Fountain, and fetes and festivals from holiday parties and parades to funerals; and; WHEREAS, Joan is the staff liaison to the Heritage & Arts Commission, to which she brings not only her organizational skills and expertise, but her great love of art, and her support of local artists and history; and WHEREAS, Joan's work ethic is unparalleled: she unfailingly lends a hand to anyone who needs her help with grace and humor and is a "can do", "go the extra mile" person of the highest magnitude; and WHEREAS, Joan is a friend to all and an enemy to none and she embodies the highest level of public service. NOW THEREFORE, I, Mayor Richard Collins, on behalf of the Town Council of the Town of Tiburon, does hereby heartily commend and congratulate Joan Palmero for her 20 years of outstanding service to the citizens of our community. Furthermore, finding Joan to be a unique and irreplaceable asset for Tiburon's citizenry, the Town Council urges Joan to stay for another 20 years of service, but will settle for another five if that is the best it can do. Ms. Palmero accepted the proclamation, noting her surprise, and said what a pleasure it had been to work for the Town of Tiburon for the past 20 years. Mayor Collins asked for a brief recess for cake and refreshments. CONSENT CALENDAR 1. Town Investment Summary - Accept report for July, 2010 (Director of Administrative Services Bigall) 2. Parente Vista Precise Plan Development - Adopt resolutions approving application to create two (2) single-family residential lots on a 10.2 acre site off Parente Drive and Antonette Drive and making CEQA findings (Planning Manager Watrous) DRAFT Toii.w Council Minutes #xx -2010 September 1, 2010 Page 3 Applicant: Lionel Achuck AP No. 038-111-16 3. Harbor Lights Building - Adopt resolution commending Laleh Zelinsky and Zelinksy Properties for the success of the Harbor Light Building reconstruction project (Director of Community Development Anderson) Town Manager asked that Item No. 3 be continued to the next meeting when Mrs. Zelinsky could be present. MOTION: To approve Consent Calendar Item Nos. 1 and 2. Moved: Slavitz, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS 1. Update Parking Fines - Consider adoption of resolution updating fines for parking violations (Police Captain Hutton) Police Captain Hutton gave the report and said that the Town's fines for parking violations had not been updated since 1991.He said the proposed increases to the fines were based on an average of fines levied by other municipalities around the County. Councilmember O'Donnell commented that while it is common practice to increase fees during tough economic times, it does not sit well with the public. He said he also disagreed with one of the statements in the report that said an increase in fines might change the behavior of parking scofflaws. Councilmember Fredericks pointed out that these were fines, not fees, being increased. She said that the costs of parking enforcement had risen in the past 19 years, including the portion of the payment that goes to State, so that the increase was justified. O'Donnell asked if there really was a parking scofflaw problem. Captain Hutton said that some areas were worse than others. Mayor Collins said that raising the fines were appropriate, and cited the example of the old bail schedule which set the fine for parking in front of a fire hydrant at $20. He said that this was too much of a risk to public safety to justify not raising the fine. Town Manager Curran said that while the amount of parking fines may not affect behavior, it was important to encourage turnover and short-term parking downtown for the benefit of merchants and shoppers. DRAFT Town Council Minutes #xx -2010 September 1, 2010 Page 4 In response to another question from Council regarding fines for parking cars "for sale" in certain parts of Town, Curran noted that next time the traffic chapter of the Town Code came to the Council for review, an amendment would be added to reflect this violation. MOTION: To adopt resolution updating parking fines, as written. Moved: Fredericks, seconded by Slavitz Vote: AYES: Unanimous PUBLIC HEARINGS 1. 2 Miraflores Lane Precise Plan Amendment - Consider amendment to Miraflores Precise Plan to extend existing secondary building envelope to accommodate a proposed gazebo, fencing and outdoor barbeque area (Planning Manager Watrous) Applicant: Davoud Sadeghi AP No.: 039-271-21 Planning Manager Watrous gave the report. The Council noted that the Planning Commission had done a thorough review. Mayor Collins opened the public hearing. Applicant Sadi Sadeghi said she would be happy to answer any questions. With no further comment, Mayor Collins closed the public hearing. MOTION: To adopt resolution approving the precise plan amendment, as written. Moved: Fraser, seconded by O'Donnell Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran recommended cancellation of the September 15 meeting. She added that two "meaty" items would be coming before the Council on October 6. WEEKLY DIGESTS • Town Council Weekly Digest -August 27, 2010 DRAFT T614,77 Council Minutes #xx -2010 September 1, 2010 Pabe 5 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Collins adjourned the meeting at 8:34 p.m., in honor of former Fire Chief Franklin J. Buscher. RICHARD COLLINS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2010 September 1, 2010 Page 6 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 Proclamation for World Polio Day - October 24, 2010 /A. I Town Council Meeting October 6, 2010 Agenda Item: CICO03 Dean Popplewell, President of the Tiburon/Belvedere Rotary Club, has contacted the Town requesting a proclamation in support of World Polio Day on October 24, 2010. Polio eradication has been the Rotary Club's top priority since 1985. Worldwide, Rotary has raised and contributed $1.2 billion to the effort. Microsoft Founder Bill Gates, himself a contributor through the Bill & Melinda Gates Foundation, has praised Rotary for providing the volunteers, advocates, and donors who have helped bring about a 99 percent decline in the number of polio cases since the beginning of this effort. President Popplewell will be at the Council meeting to say and few words and ask for the Council's support in the form of a proclamation. RECOMMENDATION Staff recommends that the Town Council: Authorize the Mayor to sign the proclamation on behalf of the Town of Tiburon and present it to Tiburon/Belvedere Rotary Club. Exhibits: Prepared By: Draft proclamation Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 4 BUILDING COMMUNITIES BRIDGING CONTINENTS Proclamation World Polio Day October 24, 2010 WHEREAS, TIBURON/BELVEDERE ROTARY CLUB WORLD POLIO DAY, OCTOBER 24, 2010 is a positive initiative to create awareness and educate the citizens of TIBURON about the vital importance to eradicate Polio worldwide. Rotary brings 105 years of history to this initiative. Its members are business, professional and community leaders who provide humanitarian service, encourage high ethical standards, and help build goodwill and peace in the world. TIBURON/BELEDERE ROTARY CLUB, is one of 32,000 Rotary clubs located in more than 200 countries and geographical areas, that initiate service projects to address today's challenges, including illiteracy, disease, hunger, poverty, lack of clean water, and environmental concerns. WHEREAS, When Rotary began it's mission to eradicate polio more than 350,000 children were stricken with polio every year, and nearly 1,000 people were affected by the crippling disease every day. Since then, polio cases have been reduced by 99% to fewer than 1,700 cases in 2009. Today only four countries - Afghanistan, India, Nigeria, and Pakistan - remain polio-endemic. Due to the efforts of Rotary and its partners, the world is on the threshold of ending polio forever - making it only the second disease after smallpox to be eradicated. WHEREAS, The Bill & Melinda Gates Foundation has awarded US$355 million to Rotary International in the global effort to eradicate polio, $200 million is a challenge grant to Rotary. And is one of the largest challenge grants ever given by the Gates Foundation and the largest received by Rotary in its 105-year history. These funds will provide critical support to polio eradication activities that is spearheaded by RI and its partners, the World Health Organization, the U.S. Centers for Disease Control and Prevention, and UNICEF. Rotary will distribute the funds through grants to WHO and UNICEF. WHEREAS, Polio eradication has been Rotary's top priority since 1985, with more than $1.2 billion contributed to the effort. At the Rotary District Conference in San Diego, California in February 2009, Bill Gates praised Rotary for providing the volunteers, advocates, and donors who have helped bring about a 99 percent decline in the number of polio cases. "The world would not be where it is without Rotary, and it won't get where it needs to go without Rotary," Gates said. Rotary is now nearing the three-quarter mark - having raised $140 million of the $200 million challenge. WHEREAS, TIBURONBELVEDERE initiative is one more community effort to invite the citizens of TIBURON to support Rotary's goal. The world stands firmly on the threshold of victory thanks to the achievements of the last 25 years. A polio-free world will be Rotary's ultimate gift to children everywhere. World Polio Day, October 24th is one small step in helping Rotary achieve its goal. THEREFORE, I, Mayor Richard Collins, on behalf of the Town Council of the Town of Tiburon, do hereby proclaim October 24, 2010 Woi-ld Polio Day in the Town of Tiburon, and urge all citizens to consider joining the efforts of Belvedere/Tiburon Rotary in eradicating this terrible disease. Dated: October 6, 2010n P n Richard Collins, Mayor' Town of Tiburon t \Rotary International World Polio Day Initiative - October 24, 2010^1 Lt`s TOWN OF TIBURON 1505 Tiburon Boulevard r~~ 3 Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Town Manager & All Departments Town Council Meeting October 6, 2010 Agenda Item: CC. Subject: Adopt Resolution Commending Laleh Zelinsky and Zelinsky Properties for the Success of the Harbor Light Building Reconstruction Project Reviewed By: BACKGROUND The reconstructed Harbor Light building at 20 Main Street, owned by Laleh Zelinsky and Zelinsky Properties, was recently completed and is a fine addition to the Town's Main Street. The building replaced a deteriorated older structure that had become unsalvageable. The new building is by all measures a success and this Resolution has been prepared to recognize Mrs. Zelinsky and Zelinsky Properties for their efforts with this project. The fact that the work was undertaken during very difficult economic times locally and nationally only increases the praise- worthiness of the project. RECOMMENDATION Staff recommends that the Town Council: Move to adopt the resolution commending Laleh Zelinsky and Zelinsky Properties for their efforts in making the Harbor Light Reconstruction Project a success Exhibits: Draft resolution Prepared By: Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. DRAFT-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RECOGNIZING AND COMMENDING LALEH ZELINSKY AND ZELINSKY PROPERTIES FOR THE SUCCESS OF THE HARBOR LIGHT BUILDING RECONSTRUCTION PROJECT WHEREAS, in 2007 Laleh Zelinsky and Zelinsky Properties filed applications to replace the vacant and deteriorated Harbor Light Building at 20 and 22 Main Street with a new structure; and WHEREAS, the new Harbor Light Building was completed in 2010 and is a handsome structure that blends well with surrounding buildings, complements the mix of architectural styles, and enhances the pedestrian experience on Main Street; and WHEREAS, upgrading or replacement of aging buildings and continued investment in the Downtown area by property owners is critical to the health and vitality of Downtown Tiburon, and such investment during difficult economic times is truly special and deserving of recognition. NOW THEREFORE, the Town Council of the Town of Tiburon does hereby heartily thank and congratulate Laleh Zelinsky and Zelinsky Properties for their efforts in making the new Harbor Light Building a successful project and an asset to Downtown Tiburon. PASSED AND ADOPTED at a regular meeting of the Town Council on October 6, 2010, by the following vote: AYES: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 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 October 6, 2010 Agenda Item: Resolution Commending Joan Palmero on her 20th Anniversary of Employment with the Town of Tiburon At its September 1 meeting, the Town Council made a surprise presentation of a proclamation to 20-year employee ("the Voice of Town Hall") Joan Palmero. Town Staff has reformatted the proclamation to standard resolution format for adoption by the Town Council so that it can become a permanent record of the Town. RECOMMENDATION Staff recommends that the Town Council: Adopt the resolution commending Joan Palmero on her 20th anniversary of employment with the Town of Tiburon. Exhibits: Prepared By: Reformatted Resolution Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION No. XX-2010 A Resolution of the Town Council of the Town of Tiburon Commending JOAN PALMERO on her 20th Anniversary of Employment with the Town of Tiburon WHEREAS, Joan Palmero began her career with the Town of Tiburon on September' 1, 1990 when Town Hall was still located on Ned's Way; and WHEREAS, Joan's talents are many, and it soon became apparent that she was not only a terrific receptionist but a great resource and repository of local history and lore, which she willingly shares with any caller who needs help or wants to remember the name of the person who used to live down the street; and WHEREAS, after moving to the new Town Hall in 1997, Joan traded the quiet, pastoral scene of the hills behind Town Hall for a more vibrant downtown location, where her administrative duties were expanded to Office Assistant and Business License Administrator, thereby increasing the many ways she readily serves the public and the Town; WHEREAS, on an hourly basis, Joan moves mountains (and hills) to satisfy a wide variety of requests presented by residents, from reuniting the dearly departed cat "Ripper" with its owner; ordering the Blue Angels not to fly over the Town; turning the fog horns off because they are disturbing one's sleep; to making the seals stop barking and getting dead critters removed from the Town's thoroughfares; WHEREAS, Joan deftly manages, and in several different languages, to calm and accommodate the most challenging of "customers"- members of the public who are angry, upset or in the middle of some crisis for which they hold the Town accountable- and helps steer them in a direction that will resolve their issues all the while maintaining compassion mixed with quick wit and her famous humor that is scathingly irreverent but never mean- spirited; WHEREAS, Joan is also known and recognized for her extraordinary flair in event planning, where her efforts have been put to use on countless occasions to plan the major commemorative milestones of the Town, such as its 25th' 35th and 40th anniversary parties, the retirement of its long-time Town Manager, Bob Kleinert, the dedication of the "Coming About" Fountain, and fetes and festivals from holiday parties and parades to funerals; and; WHEREAS, Joan is the staff liaison to the Heritage & Arts Commission, to which she brings not only her organizational skills and expertise, but her great love of art, and her support of local artists and history; and Page 1 of 2 WHEREAS, Joan's work ethic is unparalleled: she unfailingly lends a hand to anyone who needs her help with grace and humor and is a "can do", "go the extra mile" person of the highest magnitude; and WHEREAS, Joan is a friend to all and an enemy to none and she embodies the highest level of public service. NOW THEREFORE, the Town Council of the Town of Tiburon does hereby heartily commend and congratulate Joan Palmero for her 20 years of outstanding service to the citizens of our community. BE IT FURTHER RESOLVED, finding Joan to be a unique and irreplaceable asset for Tiburon's citizenry, the Town Council urges Joan to stay for another 20 years of service, but will settle for another five if that is the best it can do. PASSED AND ADOPTED at the Town Council on October 6, 2010, by the following vote, to wit: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell, Slavitz ABSENT: COUNCILMEMBERS: None RICHARD COLLNS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 2 of 2 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 Office of the Town Attorney Biennial Review of Town's Conflict of Interest Code Town Council Meeting October 6, 2010 Agenda Item: 6f The Political Reform Act requires every public agency to adopt a conflict of interest code, and review that code every two years to make sure that it remains current. The Town last reviewed its code in 2008.The Fair Political Practices Commission ("FPPC") has notified the Town that it is time to review and update, if necessary, the code again. The FPPC has promulgated a model conflict of interest code, which the Town has historically adopted by reference. The model code contains most of the provisions required by law. However, by design, the model code does not specify the agency employees whose economic interests render them subject to the code's reporting requirements nor the extent of those requirements for the designated employees. The Act itself mandates reporting requirements for certain positions. With respect to the Town, those officials are the following: the members of the Town Council and Planning Commissions, the mayor, Town Manager, Town Attorney, Town treasurer, other Town officials who manage Town investments, and any candidates for any of these offices at any election. Under the Act, the Town's code must (i) indentify any other Town positions that involve making (or participate in making) decisions that could foreseeably have a material financial effect on any economic interest; (ii) for each designated position, specify the types of economic interests that the person holding the position could materially affect; and (iii) require persons holding those positions to disclose any of the specified types of economic interests for their positions. The Town Attorney and Town Clerk have reviewed the Town's code and recommend minor amendments to reflect the inclusion of one additional designated filer (IT Coordinator), and to update and clarify the filing disclosure categories for all positions. The revisions are shown in shaded areas on Appendix "B" and Appendix "D" of the draft resolution. RECOMMENDATION Staff recommends that the Town Council: Move to adopt the attached resolution amending its Conflict of Interest Code and direct Staff to complete the 2010 Local Biennial Notice, as required by law. TOWN OF TIBURON IMAGE 1 OF 8 Exhibits: 1. DRAFT Resolution Repealing and Amending Town's Conflict of Interest Code 2. FPPC - 2010 Local Biennial Notice Prepared By: Diane Crane Iacopi, Town Clerk DRAFT RESOLUTION NO. XX-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 35-2008 AND AMENDING THE TOWN'S CONFLICT OF INTEREST CODE WHEREAS, in 1980 the Town Council adopted Resolution No. 1094 which incorporated by reference the Fair Political Practices Commission's (FPPC) model Conflict of Interest Code (Title 2, Division 6, Section 18730 of the California Code of Regulations), including appendices detailing which positions must file an annual disclosure statement and what interests must be disclosed; WHEREAS, since 1980, the Town Council has amended its Conflict of Interest Code in 1991, 1997, 1998, 2002, 2004, 2006 and 2008, in order to comply with changes to FPPC regulations regarding disclosure, the adoption of new filing forms, as well as changes to job descriptions and titles of its required filers; WHEREAS, Section 87302 of the California Government Code requires the Town to designate other positions within the Town that are required to file disclosure statements; and WHEREAS, pursuant to the 2010 Biennial Review of the Town's Conflict of Interest Code, there has been one addition to designated positions and revisions to disclosure categories (shown in italics on Exhibit "B"), as well as the updated language describing disclosure categories (Exhibit "D"), pursuant to Section 87302; NOW, THEREFORE, the Town Council of the Town of Tiburon RESOLVES as follows: 1) Resolution No. 35-2008 is hereby repealed; 2) The FPPC's Model Conflict of Interest Code as set forth in Section 18730 shall continue to be incorporated by reference as the Town's Conflict of Interest Code; 3) Appendix "B" attached to this resolution is hereby amended and incorporated into the Conflict of Interest Code. 4) Appendix "D" attached to this resolution is hereby amended and incorporated into the Conflict of Interest Code. 5) The Town Clerk continues to be designated as the filing officer for the Town. E 1 (I C,?, ; T k PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October 6, 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK APPENDIX "A" DESIGNATED POSITIONS DISCLOSURE CATEGORIES (Unless otherwise specified, Government Code Section 87200 filers must review all schedules on Form 700. See Appendix "D" for specific disclosure categories.) 1. Members of the Following: BOARDS P. COMMISSIONS A. Town Council Form 700 B. Planning Commission Form 700 2. GENERAL MANAGEMENT A. Town Manager Form 700 B. Town Treasurer Form 700 3. TOWN ATTORNEY Form 700 y 20 APPENDIX "B" DESIGNATED POSITIONS DISCLOSURE CATEGORIES (Unless otherwise specified, review all schedules on Form 700. See Appendix "D" for specific disclosure categories.) 1. Members of the Following: BOARDS & COMMISSIONS A Design Review Board 4-new category = 2 B. Parks, Open Space & Trails 3 new category = 2 C. Heritage and Arts Commission 1 2. GENERAL MANAGEMENT A. Director of Administrative Services 1 B. Town Clerk 4-new category = 3 C. lT Coordinator 3, 3. DEPT. OF COMMUNITY DEVELOPMENT A. Director of Community Development 1 B. Planning Manager 1 C. Associate Planner 4- new category = 2 D. Assistant Planner 4- new category = 2 E. Contract Planner 4- new category = 2 F. Building Official 4- new category = 2 G. Building Inspector 4 new category 2 4. PUBLIC WORKS DEPARTMENT A. Dir. of Public Works/Town Engineer Form 700 B. Superintendent of 'Public Works new category 4 5. POLICE DEPARTMENT A. Chief of Police 2 new category 4 B. Police Captain 2 new category = 4 6. CONSULTANTS As deemed applicable by Town Manager . iii: I't,S; i~# r~ APPENDIX "C" DESIGNATION OF POSITIONS AND APPLICABLE DISCLOSURE CATEGORIES FOR THE TIBURON REDEVELOPMENT AGENCY Designated Position Disclosure Category 1. REDEVELOPMENT AGENCY MEMBERS Form 700 (which may be combined with Town Council Statement) 2. CONSULTANTS As deemed applicable by Town Manager ' 4. - 41 APPENDIX "D" DISCLOSURE CATEGORIES A. APPROPRIATE FORM All persons holding offices or positions specified in Government Code Section 87200 shall file FPPC Form 700 for purposes of complying with the financial disclosure requirements of the Conflict of Interest Code. All other positions and offices designated in Appendix B shall only file the appropriate schedules in Form 700 based on the disclosure categories listed below. B. DISCLOSURE CATEGORIES (as amended below) Category 1: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency; and investments and business positions in business entities, and income, including loans, gifs, and travel payments, from all sources. Category 2: Interests in real property located within the jurisdiction or within two miles of the boundaries of the jurisdiction or within two miles of any land owned or used by the agency. Category 3: Investments and business positions in business entities, and income, including loans, gifts, and travel payments, from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the agency. Category 4: Investments and business positions in business entities, and income, including loans, gifts, and travel payments from sources that provide services, supplies, materials, machinery, or equipment of the type utilized by the designated position's division or department. 2010 Local Agency Biennial Notice Name of Agency: Mailing Address 1J S~ 77 /6 vrz~V /Oeu-! Contact Person: Office Phone No: E-mail: ''C `/2.116 L'>_)%Ct, f/ ~ C'a' Fax No: Accurate disclosure is essential to monitor whether officials have conflicts of interest and to help ensure public trust in government. This agency has reviewed its confl ict-of-i nte rest code and has determined that (Check one box): AAn amendment is required. The following amendments are necessary: (Mark all that apply.) include new positions (including consultants) that must be designated. O Delete positions that manage public investments from the list of designated positions. 0" Revise disclosure categories. O Revise the titles of existing positions. O Delete titles of positions that have been abolished. O Other (describe) ❑ No amendment is required. Verification The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments, business positions, interests in real property, and sources of income that may foreseeably be affected materially by the decisions made by those holding the designated positions; and the code includes all other provisions required by Government Code Section 87302. Signature of Chief Executive Officer Date Complete this notice regardless of how recently your code was approved or amended. Please return this notice no later than-October 1, 2010, to: (PLACE RETURN ADDRESS OF CODE REVIEWING BODY HERE) PLEASE DO NOT RETURN THIS FORM TO THE FPPC. California Fair Political Practices Commission www.fppc.ca.gov/866-ASK-FPPC 6/2010 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Department of Public Works nr Town Council Meeting October 6, 2010 Agenda Item: Subject: Authorization To Award Professional Service Agreements To CSG Consultants, CSW / Stuber-Stroeh, Winzler & Kelly, Nichols Consulting Engineers, And Harrison Engineering To Perform As- Needed Municipal Engineering And Construction Management Services For A Period Of Three Years Reviewed By: BACKGROUND AND ANALYSIS The Public Works Department occasionally requires professional and technical consultants to provide as-needed specialized municipal engineering, surveying, construction management, and other professional services in a broad area of technical disciplines to supplement staff in the implementation of various Town projects and daily tasks. The Town received eight proposals for As-Needed Municipal Engineering and Construction Management Services. Five proposals (CSG Consultants, CSW / Stuber-Stroeh, Winzler & Kelly, Harrison Engineering, and Nichols Consulting Engineers) submitted for professional services best matched the Town's need for support services. Retaining multiple consulting firms greatly enhances the Town's ability to secure the needed support to complete capital projects and engineering-related tasks within reasonable timeframes and in a cost-effective manner. The Town's annual capital improvement and as-needed engineering budget anticipates using contract services for various engineering related projects including: • Traffic safety improvements • Street resurfacing • Utility undergrounding • Storm drainage improvements • Facilities design and construction E C E ~ V E OCT - 4 2010 TOWN CLERK TOWN OF TIBURON To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Department of Public Works Town Council Meeting October 6, 2010 Agenda Item: Subject: Authorization To Award Professional Service Agreements To CSG Consultants, CSW / Stuber-Stroeh, Winzler & Kelly, Nichols Consulting Engineers, And Harrison Engineering To Perform As- Needed Municipal Engineering And Construction Management Services For A Period Of Three Years Reviewed By: BACKGROUND AND ANALYSIS The Public Works Department occasionally requires professional and technical consultants to provide as-needed specialized municipal engineering, surveying, construction management, and other professional services in a broad area of technical disciplines to supplement staff in the implementation of various Town projects and daily tasks. The Town received eight proposals for As-Needed Municipal Engineering and Construction Management Services. Five proposals (CSG Consultants, CSW / Stuber-Stroeh, Winzler & Kelly, Harrison Engineering, and Nichols Consulting Engineers) submitted for professional services best matched the Town's need for support services. Retaining multiple consulting firms greatly enhances the Town's ability to secure the needed support to complete capital projects and engineering-related tasks within reasonable timeframes and in a cost-effective manner. The Town's annual capital improvement and as-needed engineering budget anticipates using contract services for various engineering related projects including: • Traffic safety improvements • Street resurfacing • Utility undergrounding • Storm drainage improvements • Facilities design and construction The Public Works Department's daily activities also includes public work encroachment permitting, assistance with development review, traffic and public safety review, land survey analysis, grant preparation, and other administrative/municipal procedural duties. The desired scope of work for the agreements includes, but is not limited to: • Project development • Land Use, Surveying, and Development Review • Municipal Engineering and Capital Projects • Construction Management and Inspection • Planning policies and programs • Other professional services as authorized by the Town The Public Works Department conducted a Request for Proposal process in which various known engineering consulting firms were invited to participate. Eight proposals were received from CSG Consultants, CSW / Stuber-Stroeh, ILS Associates, Harrison Engineering, Green Valley Consulting Engineers, BKF Engineers, Nichols Consulting Engineers, and CSG Consultants. The Town Engineer reviewed the proposals, and determined that all five consultants were best qualified to support the Town in the areas described above. He also checked the consultants' references and confirmed that all five firms are responsive and capable. Three of the firms have successfully supported the Town during the past three years. The Town has budgeted funds for capital and other as-needed engineering related projects which will fund these services. The Town would let contracts for these services for a period not to exceed three years and $1 million limit per agreement consistent with Council directions through the adopted budget. The agreements will enable the Town to obtain professional and technical assistance on short notice on an as-needed basis from the consultants at the Town's discretion, and does not commit the Town to request or pay for any services. There is no fiscal impact associated with the following recommended action. RECOMMENDATION Staff recommends that the Town Council: 1. Authorize the award of professional service agreements for As-Needed Municipal Engineering and Construction Management Services to CSG Consultants, CSW / Stuber-Stroeh, Winzler & Kelly, Harrison Engineering, and Nichols Consulting Engineers for a period not to exceed three years, and 2. Authorize the Town Manager to negotiate and sign all necessary documents to implement the award of the agreements. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting October 6, 2010 Agenda Item: cr"- Adopt Resolutions Amending the Pine Terrace, Ned's Way, and Mar West/Centro West/Esperanza Street Permit Parking Program Resolutions to Reflect Recently-Increased Overtime Parking Fines On September 1, 2010 the Town Council adopted a resolution updating the parking violation fines assessed by the Town. As part of this action, overtime parking fines for "parking permit required areas" were increased from $30 to $37. However, the resolutions creating the three permit parking areas in Tiburon continue to specify a $30 fine, and should be amended to eliminate any inconsistency with the new parking violation fine schedule. Staff has prepared draft resolutions amending each of the three permit parking area resolutions to remove the specific fine amount and refer to the amount contained in the most-recent parking violation fine resolution adopted by the Town Council. This generic reference should eliminate any current and potential future inconsistencies in fine amounts related to all three parking permit required areas in Tiburon. RECOMMENDATION Staff recommends that the Town Council adopt the three resolutions. A motion to adopt the consent calendar item will constitute a motion to approve all three resolutions. No separate action would be required unless the item is removed from the consent calendar. Exhibits: Prepared By: Draft resolutions (3) Scott Anderson, Director of Community Development TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. XX-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 34-2008 REGARDING VIOLATIONS OF THE MAR WEST, ESPERANZA & CENTRO WEST STREET RESIDENTIAL-PARKING PERMIT PROGRAM WHEREAS, on July 16, 2008, the Town Council adopted Resolution No. 34- 2008 amending and re-adopting the Mar West, Esperanza, and Centro West Street Parking Permit Program; and WHEREAS, Section 12 of said Resolution No. 34-2008 established a fine of $30 for violation of the permit parking program; and WHEREAS, on September 1, 2010, the Town Council adopted Resolution No. 50-2010 establishing a revised "Bail Schedule for Parking Violations of the Tiburon Traffic Ordinance", said traffic ordinance being codified and more commonly known as Title VI, Chapter 23 (Motor Vehicles and Traffic) of the Tiburon Municipal Code; and WHEREAS, said Resolution No. 50-2010 established a bail schedule (parking violation fine) amount different and higher than that contained in Resolution No. 34- 2008; and WHEREAS, the Town Council desires to amend Resolution No. 34-2010 in order to achieve consistency with the most current Bail Schedule for Parking Violations and ensure that such that future inconsistencies in the bail amounts and parking violation fines are permanently avoided. NOW, THEREFORE, THE TOWN COUNCIL ON THE TOWN OF TIBURON DOES HEREBY RESOLVE AS FOLLOWS: Section 12 of Resolution No. 34-2010 is amended to read as follows: Section 12. Violation. Vehicles parked in violation of the program authorized by this Resolution are hereby decreed a public nuisance and shall be subject to a fine as set forth in the most recent Bail Schedule for Parking Violations of the Tiburon Traffic Ordinance, adopted by Resolution of the Town Council and amended from time to time. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: Tiburon Town Council Resolution No. XX-2010 --1--12010 AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK S:WdministrationlTown CouncillStaffReports 1201010ctober 6 draftslMar West parking permit reso amendment.doc Tiburon Town Council Resolution No. XX-2010 --1--12010 H ~ A RESOLUTION NO. XX-2010 i, A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 29-2008 REGARDING VIOLATIONS OF THE PINE TERRACE RESIDENTIAL PARKING PERMIT PROGRAM WHEREAS, on July 16, 2008, the Town Council adopted Resolution No. 29- 2008 establishing the Pine Terrace Residential Parking Permit Program; and WHEREAS, Section 11 of said Resolution No. 29-2008 established a fine of $30 for violation of the permit parking program; and WHEREAS, on September 1, 2010, the Town Council adopted Resolution No. 50-2010 establishing a revised "Bail Schedule for Parking Violations of the Tiburon Traffic Ordinance", said traffic ordinance being codified and more commonly known as Title VI, Chapter 23 (Motor Vehicles and Traffic) of the Tiburon Municipal Code; and WHEREAS, said Resolution No. 50-2010 established a bail schedule (parking violation fine) amount different and higher than that contained in Resolution No. 29- 2008; and WHEREAS, the Town Council desires to amend Resolution No. 29-2010 in order to achieve consistency with the most current Bail Schedule for Parking Violations and ensure that such that future inconsistencies in the bail amounts and parking violation fines are permanently avoided. NOW, THEREFORE, THE TOWN COUNCIL ON THE TOWN OF TIBURON DOES HEREBY RESOLVE AS FOLLOWS: Section 11 of Resolution No. 29-2010 is amended to read as follows: Section 11. Violation. Vehicles parked in violation of the program authorized by this Resolution are hereby decreed a public nuisance and shall be subject to a fine as set forth in the most recent Bail Schedule for Parking Violations of the Tiburon Traffic Ordinance, adopted by Resolution of the Town Council and amended from time to time. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: Tiburon Town Council Resolution No. XX-2010 --1--12010 AYES : COUNCILMEMBERS : NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: WdministrationITown CouncillStaffReports12010lOctober 6 draftslPine Terrace parking permit reso amendment.doc Tiburon Town Council Resolution No. XX-2010 --1--12010 a 1 RESOLUTION NO. =2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NO. 32-2003 REGARDING VIOLATIONS OF THE NED'S WAY RESIDENTIAL PARKING PERMIT PROGRAM WHEREAS, on July 16, 2003, the Town Council adopted Resolution No. 32- 2003 establishing the Ned's Way Residential Parking Permit Program; and WHEREAS, Section 7 of said Resolution No. 32-2003 established that "vehicles parked in violation of this resolution shall be subject to citation pursuant to the Tiburon Municipal Code and to immediate towing"; and WHEREAS, the text of Section 7 is no longer consistent with procedures used to enforce residential parking permit programs in the Town of Tiburon; and WHEREAS, on September 1, 2010, the Town Council adopted Resolution No. 50-2010 establishing a revised "Bail Schedule for Parking Violations of the Tiburon Traffic Ordinance", said traffic ordinance being codified and more commonly known as Title VI, Chapter 23 (Motor Vehicles and Traffic) of the Tiburon Municipal Code; and WHEREAS, said Resolution No. 50-2010 established a bail schedule (parking violation fine) amount that would apply to violations of the Ned's Way Residential Parking Permit Program; and WHEREAS, the Town Council desires to amend Resolution No. 32-2003 in order to achieve consistency with the Town's current citation procedures and to be subject to the most current Bail Schedule for Parking Violations as adopted by Resolution of the Town Council. NOW, THEREFORE, THE TOWN COUNCIL ON THE TOWN OF TIBURON DOES HEREBY RESOLVE AS FOLLOWS: Section 7 of Resolution No. 32-2003 is amended to read as follows: Section 7. Violation. Vehicles parked in violation of the program authorized by this Resolution are hereby decreed a public nuisance and shall be subject to a fine as set forth in the most recent Bail Schedule for Parking Violations of the Tiburon Traffic Ordinance, adopted by Resolution of the Town Council and amended from time to time. Tiburon Town Council Resolution No. XX-2010 --1--12010 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES : COUNCILMEMBERS : NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: IAdministrationlTown CouncitlStaffReports 12010lOctober 6 draftsWed's Wayparking permit reso amendment.doc Tiburon Town Council Resolution No. XX-2010 --1--12010 To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting October 6, 2010 Agenda Item: Appointments on Town Boards, Commissions & Committees There is currently a vacancy on the Heritage & Arts Commission due to the resignation of Ida Mae Berg earlier in the year. Two Tiburon residents, Azita de Mujica and Rayna Bernard, applied for the position and were scheduled for interviews with the Town Council. The Town Council interviewed Ms. De Mujica on September 1. Ms. Bernard, who was scheduled for an interview on September 15, subsequently withdrew her application due to her other volunteer commitments. No other applications were received during the vacancy notice period. RECOMMENDATION Staff recommends that the Council: Consider appointment of Azita de Mujica to fill the vacancy on the Heritage & Arts Commission at its October 6 meeting. Exhibits: Applications of Azita de Mujica and Rayna Bernard, and e-mail correspondence Prepared By: Diane Crane Iacopi, Town Clerk D AS WELL) NAME: MAILING ADDRESS: 6 3 L~ (e. t l ,ql5~ TELEPHONE: Home: .4.3s- rov Work: -.2-Lc3 2-e2g Fax No. PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) '2~S, DATE SUBMITTED: 'rte . L r s a-1-- .-4v] zc u.~_id ior, .r; Fzg P( L"-" r 4 .Bc l-cit ----------------------------------------------Town Hall Use Date Application Received`) L -1 /j Interview Date: - T" Appointed to: (Date) Date Term Expires: Length of Term: TOWN CLERK TOWN OF TIBURON 2 67 ~I;z r l t ~ A gg Yf::. NAME: % AS WELL) MAILING. -ADD SS : 2-C0:5 JI a .J 1 • co C~s~• " 41°..5 250 2"~°~ Coe" 4C a r 'rtLE HON X-:: ome~359411 Work: VA~m-A Fax No. s PROPERTY O ERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) DATE SUBMITTED: l Y" 'a r 'W" n c%' 'I 4L h aw A SAC--% .44 • Ivfe' P-Donzema zMb '-h,,.~ I -ter. d cr ~iGc ----------------Town Hall Use Date Application Received: d Interview Date: 115- Appointed to: Date Term Expires: (Date) Length of Term: 2 Page 1 of 1 Diane Crane lacopi From: Rayna Bernard [raynabernard@gmail.com] Sent: Thursday, August 26, 2010 3:28 PM To: Diane Crane lacopi Subject: Re: Heritage & Arts Commission Interview with Town Council Dear Diane, I look forward to being interviewed but do not want to be misleading. I have committed to some new volunteer positions this summer, becoming a manager @ Corner Books and an adding co-chair of a Bouquet to Art committee with the Bel/Tib Art Aux. I'm currently on the board of the Art Aux and docent for Landmarks too. I feeling completely committed to our wonderful town. I know I'd love to serve on Art and Heritage, but not for this current year. My question is can I be interviewed for a future position on the Commission? I knew being interviewed does not mean you will be offered a position. Hence my taking on other opportunities when they presented themselves. Let me know. Thank you Diane, Rayna 8/26/2010 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Office of the Town Manager TmA7n Council Meeting October 6, 2010 Agenda Item: Subject: Consider action on State-wide and Local Ballot Propositions Reviewed By: BACKGROUND Councilmember Fredericks, who is the Town's representative to, and current Chair of, the Legislative Committee of the Marin County Council of Mayors & Council members (MCCMC), requested that this item be placed on the agenda for Council consideration. At its September 27 meeting, the MCCMC Legislative Committee voted unanimously to take positions on three initiatives on the State ballot and one local initiative in the upcoming November 2, 2010 election which have an impact on local cities: • Support Proposition 22 - League's initiative to protect local funding for transportation • Oppose Proposition 23 - Suspension of AB 32 Climate Change legislation • Oppose Proposition 26 - New 2/3 vote approval for state and local government fees • Support Measure B - Transportation Authority of Marin (TAM) initiative to add $10 to VLF for local projects & programs A brief summary and analysis of each initiative follows. In addition, Councilmember Fredericks may wish to make a brief report or answer questions concerning the actions taken by the MCCMC Legislative Committee on these initiatives. RECOMMENDATION Staff recommends that the Town Council: 1. Consider adoption of resolutions in support or opposition to the (4) initiatives. 2. Direct staff to send the resolutions to the League and local legislators showing the Town's position. Exhibits: Draft resolutions Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE I OF 5 D EC EIVE OCT - 4 2010 TOWN CLERK TOWN OF TIBURON October 1, 2010 Dear Colleague: I am asking that you join with me in supporting Measure B on the November ballot. Measure B represents the very best of the work done by the Transportation Authority of Marin (TAM) and your representative on the Board. The Measure will generate approximately $2 million dollars each year from a $10 vehicle license fee. The funds raised will be retained and spent here in Marin for three specific purposes: ✓ 40% dedicated to cities and towns for use to maintain your streets, roads and paths ✓ 35% to improve transit for Seniors and people with disabilities by expanding transit options through Para transit and other support services ✓ 25% to reduce Congestion and Pollution thru commute alternatives, Safe Routes to Schools programs, crossing guards, EV charging stations, etc I am asking you to join in with me to endorse the measure which will add significantly to the quality of transportation options in your community. I am also asking that you reach out and enlist others to join the endorsement with you at http://bfonnarin.org//MeasureB. Simply sign on today. Since the ballot is so crowded this year it is crucial that we send out at least one mailing reminding voters that Measure B stands out above the rest as far as the return for investment. The Measure has no known opponents. However, mailings cost money and the campaign needs to raise these funds in the next two weeks. If every elected official contributes a minimum of $100, over $6,000 could be raised in a day! Donations to the campaign are most conveniently done through Pay Pal via this link: http://bformarin.org/Measure B/Donate.html. If you prefer using a check, simply mail it to" Bformarin" at : 862 Sir Francis Drake Blvd, Box 203, San Anselmo, Ca 94960. The election is close at hand and time is short. Your immediate action will go a long way towards success in November. Best Wishes, Peter Breen, Chair Bformarin Campaign Committee LATE MAIL /Ou- ANALYSIS Proposition 22 Initiative Constitutional Amendment Prohibits the State from Taking Funds Used for Transportation or Local Government Projects and Services. Qualified: 06/22/10 Proponents: Joshua Shaw, Christopher K. McKenzie, and James N. Earp Prohibits the State from shifting, taking, borrowing, or restricting the use of tax revenues dedicated by law to fund local government services, community redevelopment projects, or transportation projects and services. Prohibits the State from delaying the distribution of tax revenues for these purposes even when the Governor deems it necessary due to a severe state fiscal hardship. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Significant constraints on state authority over city, county, special district, and redevelopment agency funds. As a result, higher and more stable local resources, potentially affecting billions of dollars in some years. Commensurate reductions in state resources, resulting in major decreases in state spending and/or increases in state revenues. (Source: Secretary of State website) (Full text available on-line) What your Vote Means A "Yes" vote on this measure means: the state's authority to use or redirect state fuel tax and local property tax revenues would be significantly restricted. A "No" vote on this measure means: the state's current authority over state fuel tax and local property tax revenues would not be affected. (The Town Council previously adopted a resolution in support of the League initiative before it qualified for the November ballot. Now that it has qualified and has a number, Staff recommends that the Council indicate its support in the form of a second resolution.) FINANCIAL IMPACT: There is a potential negative impact to local transportation projects and services in Tiburon if this measure does not pass and the State continues to redirect revenues. ANALYSIS Proposition 23 Initiative Statute Suspends Air Pollution Control Laws Requiring Major Polluters to Report and Reduce Greenhouse Gas Emissions That Cause Global Wanning Until Unemployment Drops Below Specified Level for Full Year. Qualified: 06/22/10 Proponent: Thomas W. Hiltachk (916) 442-7757 Suspends State laws requiring reduced greenhouse gas emissions that cause global warming, until California's unemployment rate drops to 5.5 percent or less for four consecutive quarters. Requires State to abandon implementation of comprehensive greenhouse-gas-reduction program that includes increased renewable energy and cleaner fuel requirements, and mandatory emission reporting and fee requirements for major polluters such as power plants and oil refineries, until suspension is lifted. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potential positive, short-term impacts on state and local government revenues from the suspension of regulatory activity, with uncertain longer-run impacts. Potential foregone state revenues from the auctioning of emission allowances by state government, by suspending the future implementation of cap-and-trade regulations. (Source: Secretary of State website) (Full text available on-line) What your Vote Means A "Yes" vote on this measure means: Certain existing and proposed regulations authorized under state law (Assembly Bill 32) to address global warming would be suspended. These regulations would remain suspended until the state unemployment rate drops to 5.5 percent or lower for one year. A "No" vote on this measure means: The state could continue to implement the measures authorized under AB 32 to address global warming. The League of California Cities did not take a position on Proposition 23. FINANCIAL IMPACT: There is a no direct financial impact from this proposition's passage to the Town of Tiburon; it may have the effect of slowing down the creation of "green" businesses in response to AB 32. ANALYSIS Proposition 26 Initiative Constitutional Amendment Increases Legislative Vote Requirement to Two-Thirds for State Levies and Charges. Imposes Additional Requirement for Voters to Approve Local Levies and Charges with Limited ` Exceptions. Qualified: 06/24/10 Proponent: Allan Zaremberg c/o Steve Lucas (916) 446-6752 Increases legislative vote requirement to two-thirds for state levies and charges, with limited exceptions, and for certain taxes currently subject to majority vote. Changes Constitution to require voters to approve, either by two-thirds or majority, local levies and charges with limited exceptions. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Potentially major decrease in state and local revenues and spending, depending upon future actions of the Legislature, local governing bodies, and local voters. (Source: Secretary of State website) (Full text available on-line) What your Vote Means A "Yes" vote on this measure means: the definition of taxes would be broadened to include many payments currently considered to be fees or charges. As a result, more state and local proposals to increase revenues would require approval by two-thirds of each house of the Legislature or by local voters. A "No" vote on this measure means: current constitutional requirements regarding fees and taxes would not be changed. The Town of Tiburon complies with current law when adopting regulatory fees. The Town conducts fee studies to assure that fees charged do not exceed the reasonable costs of providing services. FINANCIAL IMPACT: There is a potential negative impact to the Town if this proposition passes but the actual costs are unknown at this time. ANALYSIS With the downturn of the economy, the Transportation Authority of Marin has experienced a decrease in revenues from its voter-approved V2 cent sales tax. SB 83, passed in 2009 allows the Department of Motor Vehicles to assess an additional-$I 0.00 fee to the annual license fee in jurisdictions where the majority of voters have agreed to the additional fee. The additional funds can only be used for transportation projects within a specified area. Measure B has been placed on the November 2010 ballot by TAM in accordance with the requirements of SB 83. The fees can only be used for transportation projects within the County of Marin. TRANSPORTATION AUTHORITY OF MARIN MEASURE B To help reduce traffic congestion, maintain roads, improve safety, and reduce air pollution by: maintaining local and residential streets and pathways; funding transportation options for seniors and disabled persons; funding local pothole repair; providing school crossing guards and providing safe access to schools; and, reducing commute trip congestion and supporting a cleaner environment, shall Marin County voters authorize a $10 fee on the registration of vehicles, with citizen's oversight, to be spent entirely within Marin County? (TAM website) What your Vote Means TAM estimates annual revenues of $2.4 million if this measure passes. An expenditure plan was created to direct the revenues as follows: 40% to improve safety and roadway performance for local street and pathways and Class 1 bike and pedestrian pathways for local jurisdictions that maintain or own them; 35% to improve transit for seniors and people with disabilities; 25% to projects and programs that reduce congestion and pollution, and school safety, including crossing guard program. FINANCIAL IMPACT: The Town of Tiburon stands to gain from the passage of this ballot measure as a source of funding for local streets and pathway projects. RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING PROPOSITION 22 - "PROHIBITS THE STATE FROM TAKING FUNDS USED FOR TRANSPORTATION OR LOCAL GOVERNMENT PROJECTS AND SERVICES" ON NOVEMBER 2010 BALLOT WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund local and state transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these locally-dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, which will be on the November 2010 statewide ballot as Proposition 22; and WHEREAS, approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. THEREFORE, BE IT RESOLVED that the Town of Tiburon formally endorses Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010, a proposed constitutional amendment. BE IT FURTHER RESOLVED that we hereby authorize the listing of the Town of Tiburon in support of Proposition 22, the Local Taxpayer, Public Safety and Transportation Protection Act of 2010. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on October 6, 20101 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: . DIANE CRANE IACOPI, TOWN CLERK RESOLUTION NO. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OPPOSING PROPOSITION 23 - "'SUSPENDS IMPLEMENTATION OF AIR POLLUTION CONTROL LAW (AB 32) REQUIRING MAJOR SOURCES OF EMISSIONS TO REPORT AND REDUCE GREENHOUSE GAS EMISSIONS THAT CAUSE GLOBAL WARMING UNTIL UNEMPLOYMENT DROPS TO 5.5 PERCENT OR LESS FOR FULL YEAR" ON NOVEMBER 2010 BALLOT WHEREAS, Proposition 23 has qualified for the November 2010 statewide ballot; and WHEREAS, Proposition 23 would suspend the implementation of the AB 32, the Global Warming Solutions Act of 2006 requiring California to develop regulations that will reduce greenhouse gas emissions to 1990 levels by 2020; and WHEREAS, in January 2008, the Town of Tiburon adopted a resolution approving the Town's membership in ICLEI: Local Governments for Sustainability, and began work on a Climate Change Action Plan; and WHEREAS, in July 2008, the Town of Tiburon amending its Zoning Ordinance to add "Green Building" standards; and WHEREAS, in 2009, the Town of Tiburon became a member of the Marin Energy Authority ("MEA"); and WHEREAS, Marin County has been on the forefront of investing in green initiatives including Marin Energy Authority to provide a renewable energy alternative to local residents and businesses and the Marin Green Building Energy Retrofit and Solar Transformation (BERST) program. The BERST program has already been adopted by the County and three of the eleven cities and towns, with the others anticipated to follow within the next year; and WHEREAS, suspending AB 32 would slow the impact of the actions that the Town of Tiburon and the County of Marin have taken to address climate change; and WHEREAS, suspending AB 32 may negatively impact California's emerging clean energy industry that is creating jobs throughout the State including in Marin County; and WHEREAS, the County of Marin, the Marin Municipal Water District, the Town of Fairfax, the City of San Rafael, and Assemblymember Huffinan have opposed this Proposition. NOW, THEREFORE, BE IT RESOLVED that the Town of Tiburon hereby joins with other cities and government entities throughout the State in opposing Proposition 23. BE IT FURTHER RESOLVED that the Tiburon Town Council hereby directs staff to notify the League of California Cities and its elected representatives to the State Legislature regarding this action. - PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on October 6, 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK RESOLUTION NO. XX - 2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OPPOSING PROPOSITION 26 - "REQUIRES THAT CERTAIN STATE AND LOCAL FEES BE APPROVED BY TWO- THIRDS VOTE. FEES INCLUDE THOSE THAT ADDRESS ADVERSE IMPACTS ON SOCIETY OR THE ENVIRONMENT CAUSED BY THE FEE-PAYER'S BUSINESS" ON NOVEMBER 2010 BALLOT WHEREAS, cities are the economic engine of California and the vitality of cities and the state's economic recovery is dependant on their fiscal stability and local autonomy; and WHEREAS, the Town of Tiburon supports local control and funding for vital local services; and WHEREAS, all local taxes, assessments, and property-related fees (such as for water and sewer services) already are required to be subject to local voter approvals; and WHEREAS, similar voter approval requirements do not apply to tax increases proposed by the State Legislature; and WHEREAS, local governments have made the necessary cuts and enacted local balanced budgets on time, which has not been the practice of the State Legislature; and WHEREAS, the State Legislature has repeatedly sought to raid local funding rather that adopt balanced budgets that reflect the State's resources; and WHEREAS, Proposition 26 on the November 2, 2010, California state ballot -while attempting to address the authority of the state legislature to raise revenue - overreaches and seeks to impose additional and unjustified constraints on local governments; and WHEREAS, by arbitrarily imposing a new definition of "taxes" applicable to local government in the state Constitution, Proposition 26, if approved, will invite additional litigation and destabilize existing funding for local public safety, health, transportation, and environmental protection. NOW, THEREFORE, BE IT RESOLVED that the Tiburon Town Council hereby joins with other cities throughout the State and the League of California Cities in opposing Proposition 26. BE IT FURTHER RESOLVED that the Tiburon Town Council hereby directs staff to notify the League of California Cities regarding this action. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on October 6, 20101 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK RESOLUTION NO. xx - 2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING MEASURE B - "A MEASURE PROVIDING. FOR TRANSPORTATION IMPROVEMENTS IN MARIN COUNTY THROUGH A TEN DOLLAR VEHICLE REGISTRATION FEE" ON THE NOVEMBER 2010 BALLOT WHEREAS, SB 83, passed in 2009, allows the Department of Motor Vehicles to assess an additional $10 fee to the annual license fee in jurisdictions where the majority of voters have agreed to the additional fee; WHEREAS, these additional funds can only be used for transportation projects within a specified area; WHEREAS, the Transportation Authority of Marin is the locally designated congestion management agency in Marin County and is authorized, under SB 83, to received funding from an additional vehicle license fee; WHEREAS, because of the decline in sales tax revenue, there continues to be unfunded transportation needs in Marin County; and WHEREAS, Measure B would provide an ongoing and stable source of funding for local transportation projects, despite economic conditions; and WHEREAS, Transportation Authority of Marin has approved Measure B to be placed on the November, 2010 ballot to collect a $10 vehicle license fee to be used for transportation projects within Marin County; and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby joins with others in support of Measure B. BE IT FURTHER RESOLVED that the Tiburon Town Council hereby directs staff to notify the Transportation Authority of Marin regarding this action. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on October 6, 2010, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK To: ~I From: III Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Manager Town Council Meeting October 6, 2010 Agenda Item: 4--' 22 J Review of Proposed Facility for Belvedere Tiburon Joint Recreation Programs and Staff Offices at 600 Ned's Way and Direction to Staff The Belvedere Tiburon Joint Recreation Committee was formed by the Town of Tiburon and City of Belvedere in 1975 through a Joint Powers Agreement (JPA), a collaboration for the benefit of the peninsula that by all accounts has been a productive one. The Committee oversees a staff which conducts programming at several locations throughout Belvedere and Tiburon. The staff and programming are referred to herein as Belvedere Tiburon Joint Recreation (BTJR). One of the services provided by BTJR is the after-school enrichment program, which has been housed for many years at the Reed Elementary School and from which nearly all of the program's children are drawn. Due to increasing enrollment at the school; the BTJR after-school program will be displaced from the Reed Elementary School grounds sometime during this school year. Since receiving word of the pending displacement last year, BTJR, the Town of Tiburon and City of Belvedere have searched for suitable replacement locations. The two-acre Town-owned Ned's Way site. located upslope from the Chandlers Gate senior housing project and across Ned's Way from the Hilarita Apartments, was identified as the most promising site for a facility to house the after-school program. Its proximity to Reed Elementary School makes it a particularly attractive choice. The Town Council gave an initial go-ahead to Town staff to develop the idea, and appointed Councilmembers Fraser and O'Donnell to a Ned's Way committee. Preliminary investigation work began last spring, including the development of a proposed Site Plan (Exhibit A) by former Councilmember Miles Berger, graciously working on a pro-bono basis. A Project Description is attached (Exhibit B). A meeting was held with neighbors to review concepts and get feedback on potential problems and issues. Addressing those issues flagged by neighbors, notably parking, noise and traffic, has been at the heart of the project design. The building as proposed is set back and down, largely below the grade of the street, and all parking is expected to be accommodated on site. The proposed play area is now located behind the building under a canopy of trees rather than out on the parking surface. The Ned's Way facility was again brought to Town Council, and on May 19, 2010, the Town Council provided direction to move forward with the project and to employ streamlined development review procedures. On July 21, 2010, Council adopted an ordinance establishing a Streamlined Development Review Procedure for the Ned's Way Project and exempting it from certain Town regulations. Since last spring, cost estimates for project development have increased substantially as more has been understood about necessary site work and environmental review requirements. Current estimates place project costs at approximately $950,000, and it is possible this cost could rise somewhat as engineering progresses. Projects costs are discussed below, and are attached (Exhibit Q. PROJECT PROGRAMMING While the loss of the after-school space was the catalyst for seeking out a new location for BTJR, the size of the two-acre Ned's Way site, coupled with the unavoidable costs of site work to create parking and a building pad, led Town staff and the Council committee to consider if it would be more cost effective and beneficial for the community to expand the use of the site to include relocated BTJR offices and create additional program space. The current concept calls for 1,150 square feet of office space (essentially the same as BTJR offices in Town Hall) and 3,650 square feet in two adjoining rooms for programs. Twenty-six parking spaces, an outdoor play area, storage shed, pedestrian path, landscaping and a roundabout for drop-off are currently contemplated as ancillary improvements to the main building. BTJR currently offers programs in the Belvedere Community Center (the downstairs area of City Hall), the Tiburon Community Room (upstairs at Town Hall), occasionally in the Tiburon Council Chambers and at the tennis courts in both communities. These community spaces are often booked to capacity. BTJR believes it will be able to use the proposed new "classroom" spaces throughout the year, on both weekdays and weekends, for child and adult programs. More information regarding potential programming has been prepared by BTJR and is attached (Exhibit D). Also attached to this report is a memorandum (Exhibit E) from the preparers of the recently conducted telephone survey for the Recreation Master Plan. The memorandum addresses elements of the survey that relate to the decision of whether to proceed with this facility. Its overall conclusions are that the facility will be well received and used by the community, particularly the replacement space for the highly-valued after-school programs. BELVEDERE CONTRIBUTION The Town and Belvedere originally discussed the concept of sharing the capital costs of the project. The idea was for Belvedere to make a substantial up-front contribution, more than the 25%-75% traditional cost split between the City and Town, in recognition of the Town's contribution of land. However, this model proved problematic for several reasons. An up-front contribution would effectively give Belvedere an "interest" in a facility owned by and on Town land, a complicated arrangement necessitating a mechanism by which Belvedere could protect its investment. Belvedere also expressed a preference for making smaller contributions over the life of the project rather than making a large up-front contribution. Finally, Belvedere expressed its belief that since the Town had traditionally provided office space to BTJR, the relocation of those offices to this site should be a cost borne solely by Tiburon. To address these concerns, the Town developed a pay-as-you-go approach in which Belvedere would make an annual contribution for the non-office portion of the project rather than an up- front capital contribution for the entire project. In addition to addressing the office issue, this approach eliminates any "investment" in the facility by Belvedere, hence mooting the issue of protection of that investment over time. It also eliminates the requirement for up-front capital, easing the cash flow concerns City representatives expressed. Of course, this plan requires the Town to fully develop the project with its own resources, but it has the advantage of clarifying that the facility will be a Town-owned asset. While the space would be built for the purpose of housing BTJR offices and programming indefinitely, the Town would have authority over this resource in the future. This reflects the fact that it is the Town's land, capital and staff time making the project come to life. It is also consistent with thirty years of history during which both Belvedere and Tiburon have supported BTJR through the provision of office and program space without either municipality having the legal obligation to do so. It reinforces the notion that it is the success of BTJR programs for the peninsula's residents that makes them endure, not any binding rights to physical space. The hope and expectation is that this space will enable BTJR to be all the more successful in its endeavors. A draft agreement with Belvedere was negotiated and is attached (Exhibit F). It provides that Tiburon will absorb the expense of the 1,150 square foot office space. The remaining square footage, the classrooms and related public spaces totaling 3,650 square feet, will be cost-shared by Belvedere through an annual contribution of $30,000 per year, which would escalate annually by a capped annual CPI adjustment. (This starting rent was arrived at through negotiation with a Belvedere committee and is subject to confirmation by the entire Belvedere City Council at its October 11, 2010, meeting.) The agreement sets forth the intention of the Town to provide the facility indefinitely for BTJR's use, anticipating a separate Use Agreement for that purpose, but retains the Town's rights to use this Town-created resource for other purposes if it deems appropriate in the future. Of course, the unlikely rededication of the facility for another purpose would serve to terminate any further contributions from Belvedere. PROJECT COSTS AND FUNDING The Tiburon 2010/11 fiscal year budget indicates estimated revenues of $187,500 from a Per Capita Grant Program, and $67,500 from the City of Belvedere for this project to cover expenditures totaling $250,000. As indicated above, both the model for sharing costs with Belvedere and the costs themselves have substantially shifted since these estimates were included in the budget. Additionally, the Per Capita Grant program cannot be used for this project due to its time constraints (it will be used for other projects). In short, the entire approach to funding this project has changed since the June adoption of the budget. Project Cost Escalation: Initial cost estimates reflected a smaller project than the 4,800 square foot one currently proposed. The building "program" was expanded for several reasons, but the principal concept behind creating more programmable space is economy of scale. Increasing modular building increments is a relatively modest cost in the overall project and does not materially increase site costs. The "bang for the buck" of more classroom space is readily evident when one considers it does not increase most sunk costs such as restrooms, kitchen, office, parking, or the outdoor play area, and only negligibly impacts site work. At 4,800 square feet, the total per square foot cost for the project is just under $200 including all soft and site costs and amenities such as parking. If one 36 x 40 classroom space were eliminated, the project would save $100,800 in modular building expense, but the cost of the project would rise to approximately $256 per square foot. While either cost is quite reasonable on a square foot basis, the additional space is a very cost effective modification to the project assuming it is a well-used element of the project. Cost estimates rose not only with the size of the project, but also as a function of staffs expanding understanding of the demands of this sloping location. The site work is challenging and requires a significant amount of earth movement and compaction. There are substantial and unavoidable costs for utilities hook ups and environmental work. The current estimate also includes funding for an all-weather walking path between the school and the building at a cost of $30,000. Staff does not wish to understate the cost of the project, and believes its current estimate may not be high enough. Once the project is fully engineered and bid we will know with much greater clarity what the final cost will be. Until that time, staff, s best estimate is $950.000. This still results in a very reasonable price per square foot, although certainly higher than previous estimates. By comparison, a conventionally built project would cost approximately $275 per square foot solely for construction, plus additional costs for engineering and other soft costs and environmental work, etc. In other words, a conventionally built project of the same size would cost at least $1,000,000 more to construct or roughly double the proposed expense. Maintenance Costs: As facility owner, capital expenditures for building maintenance would be the responsibility of the Town. However, the intent is to transfer all regular maintenance responsibilities to BTJR. It is anticipated that the ability to schedule new revenue-producing programs in the space at the Ned's Way project will allow them to absorb this additional cost. DISCUSSION This project has shifted and evolved several times over its short life. The project vision itself has grown, starting out as a classroom replacement, possibly in a mobile building, to a more substantial facility that includes BTJR offices and 3,650 square feet of program and support space and accommodation for 26 cars. The cost has grown as well: initial estimates for the smaller project were in the $250,000-$300,000 range, but were found to be unrealistic; costs are now estimated at $950,000. The expansion of the project and budget beg the question: is this a good use of Town resources, especially in a time of budgetary contraction? Staff believes there are good reasons to proceed with the project. While the contemplated expenditure is significant, and may yet grow another 10 or 15%, it can be accommodated within the Town's discretionary reserves and does not necessitate any borrowing to accomplish. BTJR has been providing excellent services to the community for some 35 years on a largely cost- covering basis. The Town and City provide substantial in-kind support, but even with those contributions, the benefit to the two communities from BTJR programs is a very cost effective return on investment. While the use of Town land and cash in this fashion comes at no small opportunity cost, when seen as an investment over several decades, the programming space it will offer will be long-term added value for the community. Tiburon is also freeing up space in Town Hall through the relocation of offices to Ned's Way, effectively "expanding" it and creating a solution for a long-standing space shortage. The Town will be able to rid itself of the storage container that now occupies three parking spaces behind Town Hall, providing a modest cost savings and a meaningful benefit in terms of parking availability for both Town Hall and Library users. Staff also believes the project's modest size (4,800 square feet) relative to its land area (two acres) is a low intensity use of this location: While this small project arguably underutirizes a valuable piece of land, it does so to the benefit of the surrounding neighborhood. NEXT STEPS At this time, staff requests Council review and direction prior to incurring additional costs associated with environmental and design/engineering consultants. These steps are needed in order to develop construction cost information, and to process a Development Application. Environmental Determination: Staff plans to prepare an Initial Study as required by the California Environmental Quality Act. The Initial Study would be prepared in-house, but requires the assistance and expertise of consultants in several of the technical impact areas that must be analyzed. A mitigated negative declaration is anticipated to be appropriate for the project (as opposed to an environmental impact report), although of course the Town Council would ultimately make any necessary environmental determination. Total estimated cost for the Initial Study/Draft Negative Declaration preparation is estimated at $221000, of which $7,580 has already been spent. Consultant reports would be due by the end of October, after which the Initial Study would be compiled and released for a mandatory 21-day public review period. The project could be ready for Town Council consideration at a public hearing in early January. Design Engineering and Bid Documents: Staff proposes to retain an engineering consultant to prepare design engineering drawings and specifications for the required work of the project. Engineering costs through preparation of a complete bid package are estimated at $60,000. Upon completion of the Initial Study, and at 65% completion of the engineering plans and specifications, per the streamlining Ordinance, staff will submit project plans and updated cost estimates for Town Council review and a public hearing will be held in early January 2011. The public bid process can begin in February with construction bids to be received in March 2011. Construction is anticipated to begin in April with completion in late August. The drier weather at that time of year will be important for the site work to be completed without complication or delay. Public Hearing: As indicated in the streamlining ordinance, "In conducting its review and evaluation of the Project, the Town Council shall utilize those standards and criteria that the Planning Commission and Design Review Board would have normally applied absent the adoption of this streamlined processing procedure." At an upcoming public hearing, staff would anticipate asking the Town Council to: ➢ Review and consider the Initial Study, and if appropriate, adopt the Mitigated Negative Declaration ➢ Review, and if appropriate, approve the development application ➢ Approve an amendment to the Town Budget to fund the project ➢ Authorize staff to solicit bids for the project construction Once bids are received, the Town Council would have one more opportunity to review the project's costs and provide final direction to proceed or, in the event bids are unacceptably high, cancel the project. RECOMMENDATION Staff recommends the Town Council: 1. Review the project information developed to date; 2. Determine if it is appropriate to continue with pursuit of this project; and if so, 3. Approve the attached agreement between Tiburon and Belvedere for cost sharing; and 4. Authorize staff to proceed with the environmental and engineering work outlined herein. EXHIBITS A. Site Plan B. Project Description C. Estimated Project Costs D. Letter from Cathleen Andreucci, Recreation Director dated August 26, 2010 E. Memorandum from Godbe Research regarding survey findings F. Draft Agreement between Tiburon and Belvedere Prepared by: Troy Bassett, Management Assistant Peggy Curran, Town Manager Nick Nguyen, Director of Public Works/Town Engineer t-- ~ a ~ C ~ ~i T~ • 1 1 w_ tl. F . ~ ' f N V MH H W , O , n d I~ ~M 4- W j 4 { G; ? ? Gi J 043 ~ " < ulc, ,g4 U f Z tt u a 1-, Lt z 6 lei` Y Z4 l i W W. ,u QiI r 1 ' 4 " -N ~:~R • I ~ U ri VLL'1 f.l i V ~ 0l1 'D Q a.{2Y y A a` 4i Q ~ ' ~ a w~ ~jk j ~ r i • C,y q . ,yy .-.7 _ uZ K _l ~~j ~ ~'il~ I,Yr aW 4 ZW _7 TM'LL ~~.-3S14 ilr~t,., ::n mow.... c~u~S•_~w L , h ryG~„~ ~b~4,.=WMI 1 '~Lyu. ~`a~ti•t ~J, min wu`+ -nni-r r.-c l..v o---- nia c. ca n: ncr in io= ,cA&F c, fay of f~L,4N 1f"V2~P~Ze e~ oc✓N y~ cc.. NED'S WAY PROJECT DESCRIPTION OCTOBER 2010 The project site is a currently vacant 2.0 acre property located at 600 Ned's Way. The site consists of a compacted fill slope atop a moderately sloping, southeast-facing hillside along the eastside of Ned's Way, directly upslope from the Chandler's Gate senior housing development and the Tiburon Police Station, and across Ned's Way from the Hilarita Apartments. Residences located uphill from the site on Round Hill Road and Spring Lane are buffered by separate Town-owned open space parcels. The site is a short walking distance from Reed Elementary School. From 1943 to 1973, the project site was occupied by five buildings housing the families of Navy personnel stationed at the Net Depot on Paradise Drive, and by subsequent rental occupants. Those residential buildings were demolished in 1973 and the site has been vacant since that time. Site Improvements: The planned improvements at the site include placement of a 4,800 pre-fabricated (modular) single-level structure for use by the Belvedere Tiburon Joint Recreation Committee for program activities, and to replace the existing offices currently housed at Town Hall, along with parking for approximately 26 cars. The building has been sited so that it will be substantially screened by the existing tree canopy. Site improvements have been planned to make use of the existing compacted fill area, in order to minimize the loss of trees and to avoid the need for retaining structures. A modular or pre-fabricated building is proposed to minimize costs, and to allow for the project to be completed as quickly as possible. The Reed School after-school programs are currently operating without dedicated space, and are losing participants. Proposed NewFacility: The building as proposed includes: • 29400 square feet of classroom space, the equivalent of approximately two kindergarten classrooms, which can be divided into four smaller spaces for maximum flexibility. • Program storage space of 400 square feet; ample storage increases the flexibility of the spaces by allowing easy changes of furnishings.. • a kitchenette, separate men's and women's bathrooms and a tot toilet room • 1,150 square feet of office space, which includes dedicated office storage, to replace similar space currently used by Belvedere-Tiburon Joint Recreation Staff in Town Hall for six full time office staff, and four part time program staff members. Site Access: A vehicular turn-around has been included in the design to allow program participants to be dropped off at the facility without disrupting traffic flow on Ned's EXMBIT J5 Way, and to discourage traffic from continuing further up onto the privately-maintained section of Ned's Way, where there is no outlet or turn-around provided. Parking and Paving: On-site parking for 26 cars is included to minimize the impact of the facility on the surrounding neighborhood. Two public parking spaces on Ned's Way would be eliminated in order to accommodate vehicular access to the site. . Exterior Play Areas: Proposed is one softscape playing field (15x30') for games, with the possible addition of one hardscape play area (3005') with a basketball hoop. Access Path: An all-weather pedestrian access path would be installed at Kleinert Way (from the top of the driveway used by AT&T personnel to access their facility) to create an additional access point for pedestrians coming from Reed School. Landscaping: Existing vegetation will be maintained as much as possible; hydro-seeding is proposed at all cut and fill slopes. Some planting along Ned's Way is proposed to help screen the parking area from the street, and one specimen tree is proposed for the center of the turnaround. Exterior Lighting: All exterior lighting would be less than 4 feet in height (bollard type), low-wattage lighting and shielded. CONSTRUCTION COST ESTIMATE Belvedere Tiburon Joint Recreation 600 Ned's Way Preliminary Design & Engineering Site Survey $ 8,250 Geotechnical/Soils Report $ 11,700 Total $ 19,950 Initial Study (CEQA) Photo Simulation/Rendering $ 1,200 Air Quality/Greenhouse Gas $ 2,100 Biological Resources $ 5,300 Geology and Soils $ 2,000 Hydrology & Water Quality: $ 3,740 Noise $ 4,000 Transportation & traffic $ 3,500 Total $ 21,840 Design/Bid package Including: grading and drainage plans; site electrical plan ; utilities plan; hydrology and hydraulic calcs; planting and irrigation plans; and a play area design layout and details; and bid documents Estimated Total $ 60,000 Building Permit Fees/Utilities Town Planning and Building fees have been waived $ - These include any School District fees, water installation and water hook-up fees, a separate fire sprinkler service; sewer hookup, Fire Protection District Review fees; and PG&E Estimated Total $ 72,000 Construction Phase Services Including bid phase services; const ruction management; and testing and inspection. Estimated Total Preliminary Construction costs Modular Unit Costs 4,800 $ 70 $ Total Site Work: Construction Staking $ 3,000 Site grading $ 43,000 Site prep & soil stabilization $ 40,000 Site work: $ 60,900 Landscape $ 50,350 Play Area: 1500 sf $ 9,000 Parking & paving $ 48,800 Pedestrian Path $ 30,000 The "Trimming" $ 40,000 Subtotal $ 325,050 Contingency 20% $ _ 65,010 PROJECT TOTAL 336,000 $ 50,000 $ 390,060 $ 726,060 $ 949,850 9/29/2010 EXHIBIT G ~~.1 I B UR?4,* LLJ 00 - V";WWWV'Recreation August 26. 2010 Belvedere Tiburon Community Recreation Recreation Facility on Ned's Way Our purpose is to provide quality recreation and education programs that inspire and enrich the lives of children and adults in the community while maintaining a self- supporting agency. One of the biggest hurdles we face in accomplishing our goal is securing affordable facilities that are consistently available. We are fortunate to have use of the Belvedere Community Center (BCC) and the Tiburon Community Room (TRC). Both of these facilities are free of charge for our use and we have scheduling authority of them. We use both the BCC and the TRC facilities heavily. I have attached a copy of the October Belvedere Community Room calendar and Tiburon Community Room Calendar so you have the opportunity to see how much we use the facilities. Both facilities have programs currently running that overflow the space available. The most obvious need is for the yoga classes at the TCR and bridge and ballet at the BCC. These programs as well as many others would fill additional space if we had it. The most pressing concern has been and continues to be securing adequate space at Reed School. As far back as Joint Recreation goes, the shuffle for space at the start of each school year has been stressful. In the best year's we have had a dedicated classroom and in the worst, as we discovered last year, there is very limited space on campus and our programs suffer as a result. Last year in particular, the situation was more than just inconvenient. It was always stressful, we could not offer our best to the community and it was actually unsafe at the start of the school year. The BTJR staff is excited about the possibilities afforded by the space at Ned's Way. First, thank you for the consideration you are giving and have given to this project. I have put together the attached information so that you have the details you need to make a sound decision. Following are the highlights: Our goal is to provide opportunity for the entire community to participate in recreational and educational programs. Belvedere-Tiburon Recreation Department 1505 Tiburon Blvd., Suite A • Tiburon, California 94920 (415) 435-4355 • Fax 435-8157 EXHIBIT D www.btrecreation.org We strive to cover our costs - whether we offer one program or one thousand programs. We do not look to make a profit at the end of the year. BTJR does a fantastic job of offering a huge array of programs to our community, more than most communities this size, especially for adults. Additionally, we are able to do this with less direct financial subsidy than any other Recreation Department in Marin ` County (or anywhere I think!). Some programs create a profit; generally programs for elementary aged children. We use the profit generated to offer programs that traditionally do not cover costs on their own; seniors, teens and start-up programs stand out as programs that usually have to be subsidized. The after school programs we offer at Reed School are some of the most profitable, o We currently serve 585 children a week in our Academy Program (after school at Reed, Bel Aire, Del Mar and the BCC) o Without Reed - we would be able to sustain programs for only 214 children. o With the Ned's Way Facility we would be able to serve 819 children/week (2 yr goal) o None of these numbers include tennis participants. The new facility would allow us to serve 156 more adults a week. Our Campus Kids summer program will be better for the community with extended hours and a better facility. We will serve 10-20 more children a week at Parties and Special Events to start. We expect that number will grow. This facility is close to both the school and the senior housing at Chandlers Gate which is perfect of programming for those demographics. I have attached a proposed facilities use schedule so you can begin to understand the broad programming possibilities at the new facility. We anticipate programs for all ages, all day, everyday, both during the school year and over the summer! ! Please let me know if you want any additional information. Thank you, Cathleen Andreucci Recreation Director 435-4355 director@btrectration.org Belvedere-Tiburon Recreation Department 1505 Tiburon Blvd., Suite A • Tiburon, California 94920 (415) 435-4355 • Fax 435-8157 E CL c O M O (A 'lp (u ~ ;3 Y Cl) M M M 0) C "CD Q m o ► : C M C 4) N ' 13 .Z ca `CL U) c0 a) LO E Z a) U , N ; <c`a C) 4 g cn n E C: Q (D O U 3 r. E CL c°OO 'c se N M d r , t6 U ~iJe 'G cM N c M ~ v N N ~ p 00 -c O M p U N ,Z 'cc > O e V N p~.N a C ) (V M C E o N C V ° O CN O . d N _d N . N r w C co M N. N y. 2. L G) .0 O M c O O Z O M U c~a Y m h ~ _ ' C r r N (D Y $ ~ -E c 1? ~v C) 3 o N CC N ' O O 0 O CO O M , E U c c _ E 0 y..~ N a ,C) 'p N. N .x •r° a) N . Z cc rn 'ea ~ --dam s N a Y (D d U (D a~ N N C. 3 w tLf Ic n 'I.2 a)U o M C ,p CV (Lf N p LJ. 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E c E E T) ofU (n a_ M ,C to G C ~ ~ CL o ~c N CD "O o L C y N N (D O M ip O O M ice) O M N 0 M T O M c 0 0 z M T co O M O 0 T 0 M O E cu O) a) T E 0 0 w cm E 0 L- .O a O O O N O a) cn cc a) C ca C a) L U O 0 N Q co .O L O cn O L .0 C O N C1 O Q C .O C Y a) a) O O U CA a) a) cc C a) Y m a) 3 O O C O 3 N a) a) ui Q C ICY rn a) N a) O co a 3 C 2 c O Q N ~ O O O CU U CD o 0 m ate) a) U O ' c 0 -c ~ C m = N N Z N NL1a) N Y O U O CU O :E FE A a cu Cl) > C 'O cu a) Z U * a) (D a) . ~ H 'o N , Co O O Q ma) cc c~ ~D a) = O U 3 to N a) C N ;E C O 0- x E a) O C c0 cr- ca ~E20 a E c Qocv~ E O = a) O C 0 CD C cc O N a) a) C Q > 0 o m -C *.a w w~ 3: MEMORANDUM September 29, 2010 TO: Peggy Curran, Town Manager, Town of Tiburon Scott Anderson, Community Development Director, Town of Tiburon FROM: Bryan Godbe, President, Godbe Research Amelia Davidson, Senior Research Manager, Godbe Research Lauren Livingston, Principal, The Sports Management Group RE: Tiburon Peninsula Recreation Needs Assessment - Results on After-School Program Facilities The results of the Recreation Needs Assessment survey strongly recommend that access to public recreation facilities for after-school programs be maintained on the Tiburon Peninsula. In addition to high use of local public recreation programs and facilities among households with children, the availability of after-school facilities and programs emerged as a leading priority across the community. Godbe Research, in partnership with The Sports Management Group, conducted a telephone survey of Tiburon Peninsula residents to assess the community's recreation needs. The study assessed residents' use of existing recreation facilities and programs, and the importance of the availability of local recreation services. This memo summarizes the findings of the study that relate to the community's opinions toward local public recreation facilities for after-school programs. Interviews were conducted from August 16 through August 22, 2010. The average interview time was 15 minutes, and 300 adult residents participated in the survey. The study parameters resulted in a margin of error of plus or minus 5.6 percent, which is typical for a planning study conducted in a community of this population size. The survey sample is representative of adult residents of the Tiburon Peninsula in terms of gender, age, and other key demographics. The survey found that households with children are highly engaged in public recreation facilities and programs on the Tiburon Peninsula. Overall, two-thirds of households with children reported that they use local public recreation facilities. Moreover, many households with children use these facilities on a regular basis - fully one-third use these on a weekly basis. The survey also found that households with children in grade school use local public recreation facilities the most frequently. Among households with children ages 5 to 11 years, three-quarters reported that they use these facilities, with close to half using these on a weekly basis. The survey also found that a majority of households with children have attended a recreation program, class, or event sponsored by Belvedere-Tiburon Joint Recreation. Here as well, attendance of recreation programs was significantly higher among households with children ages 5 to 11 years, and two-thirds of these households reported that they had attended a program within the past 12 months. . The Sports Management Group in Association with Godbe Research Page 1 of 2 FM EX1.1IBIT No. The availability of local public recreation facilities for after-school programs for children emerged as the leading priority for residents. The survey asked residents to consider the importance of the availability of 11 different types of public facilities for recreation and sports on the Tiburon Peninsula, including an indoor swimming pool, gymnasium, community center, fitness center, outdoor sports fields and courts, and others. Across the community, local public recreation facilities for after-school programs were rated as the most important. As shown in Figure A, 53 percent of residents rated these facilities as "extremely" or "very important," and another 20 percent indicated a rating of "somewhat important." Figure A: Importance of Facilities for After-School Programs Extremely Important Very Important Somewhat Important Not Important DK/NA As might be expected, local public recreation facilities for after-school programs were particularly important to households with children. Overall, 70 percent of households with children rated the availability of these facilities as "extremely" or "very important," and another 16 percent indicated a rating of "somewhat important." Ratings of the importance of the availability of after-school programs for children further emphasize the priority of these facilities on the Tiburon Peninsula. The survey also asked residents to consider the importance of the availability of 10 different types of recreation programs and events, including community special events, programs for adults, programs for seniors, organized sports leagues, and others. After- school programs for children were rated as among the most important across the community. In this case, 51 percent of residents rated the availability of these programs as "extremely" or "very important," and another 16 percent indicated a rating of "somewhat important" (see Figure B.) Figure 8: Importance of After-School Programs Extremely Important Very Important Somewhat Important Not Important DK/NA Here as well, households with children rated after-school programs as particularly important. Approximately 66 percent of households with children rated the availability of these programs as "extremely" or "very important," and another 15 percent indicated a rating of "somewhat important." The Sports Management Group in Association with Godbe Research Page 2 of 2 0% 20% 40% 0% 20% 40% AGREEMENT Between Town of Tiburon and City of Belvedere Regarding Ned's Way Facility, Tiburon Whereas, this Agreement is entered into by the Town of Tiburon ("Town") and the City of Belvedere ("City"), together the "Parties", on this day of October, 2010, to set forth the terms and conditions for the use of an offices, classrooms and related improvements anticipated to be constructed on Town property located on Ned's Way (Facility). Whereas, Town and City created the Belvedere-Tiburon Joint Recreation Committee ("BTJR") pursuant to a Joint Powers Agreement ("JPA") executed in June of 1975 and most recently amended on October 8, 2001. The BTJR provides programs and services on the Tiburon Peninsula meeting the needs of the Parties; Whereas, BTJR has rented space at local Reed School District school sites, most specifically for after-school programs; Whereas, recently, space has become limited at some of the local school sites and BTJR is facing difficulty maintaining consistent and suitable space within which to operate its programs; Whereas, BTJR requires additional programmable space if it is to satisfy and expand local programming to meet the growing needs of the Tiburon Peninsula; Whereas, Town is willing to use its monetary, land and staff resources to construct a facility of approximately 4,800 square feet of building, parking for approximately 26 vehicles and an outdoor play area on Town-owned land ("Facility") for BTJR use so long as it receives the annual contribution from City, as set forth in this Agreement, and so long as Town believes this to be 'an appropriate use of Town resources; Whereas, the Parties enter into this Agreement with the hope and expectation that Facility will provide a long-term means of addressing the office and programmatic space needs of BTJR. Now, therefore, the Parties agree as follows: 1. PURPOSE. Nothing in this Agreement shall obligate Town to construct the Facility. However, if Town constructs Facility, Town agrees to allow Facility to be used by BTJR for office and classroom purposes subject to the terms and conditions set forth in this Agreement. 2. TERMS. This Agreement establishes a year-to-year contract between Town and City for the use of Facility by BTJR. While it is the intent of the Town to allow this use of Facility to continue indefinitely, the Town retains the right to terminate this Agreement upon one year written notice to City and BTJR. NED"S WAY FACILITY AGREEMENT PAGE of 3 EXHIBIT F 3. CONTRIBUTION FROM CITY. On or before the first day that BTJR occupies the Facility ("Occupancy Date"), City shall pay an annual contribution to the Town of $30,000 ("Annual Contribution") for use of Facility by BTJR during the following year. The Annual Contribution is in consideration for BTJR's use of the classrooms and other non-office elements of the Facility. On each anniversary of the Occupancy Date during the term of this Agreement, the Annual Contribution shall be increased each year by the Consumer Price Index for San Francisco All Urban Wage Earners for the prior year provided, however, Annual Contribution shall not increase by more that 4% annually. If City fails to pay the Annual Contribution within sixty days of the said date, Town may cancel this Agreement upon three days written notice. 4. RESPONSIBILITIES OF THE PARTIES. Town shall be responsible for major building repair and maintenance, such as roof repair and replacement, structural repair, HVAC system, etc., however, nothing in this Agreement shall require the Town to repair Facility if the Town decides, in its sole discretion, that such expenditure is not an appropriate use of the Town's resources. If failure of Town to repair Facility renders Facility unhabitable, no further rental payments shall be due from City and Town shall rebate, on a pro-rata basis, rents paid for balance of year, and this Agreement shall terminate. 5. BTJR USAGE. Town shall enter into a separate agreement allowing BTJR to use Facility in accordance with direction from the BTJR Committee and which allows BTJR to retain proceeds from said activities ("Use Agreement"). The Use Agreement shall provide that (a) BTJR shall be responsible for the Facility's care and maintenance including minor Facility repairs and replacement, janitorial services, grounds maintenance and furnishings; (b) the Use Agreement shall terminate upon termination of this Agreement and (c) upon termination of the Use Agreement, BTJR shall vacate the Facility. Unless the basis for termination of the Use Agreement is due to City's failure to pay the Annual Contribution, an Act of God or other unforeseeable action, or damage to the Facility rendering it uninhabitable, Town shall provide BTJR with one year advance notice of such termination. Town shall provide City with the opportunity to review and comment on the Use Agreement before it is executed. 6. NO THIRD PARTY BENEFICIARY. This Agreement is solely between Town and City to promote the interest of their respective residents. No other party, including, without limitation, BTJR, is a third party beneficiary of this Agreement. 7. RENTAL INCOME FROM BTJR. In the event that the Parties determine that BTJR has become capable of, and should, pay rent to the Parties for its use of the non-office portion of the Facility, said rent shall be allocated between the Parties as described in Section 8 of the JPA. 8. CONTINUATION OF JOINT POWERS AGREEMENT. This Agreement is subject to the JPA between the Parties as it exists at the time of execution or as it may be amended from time to time. Should either Town or City terminate the JPA as set forth in Section 16 of said JPA, this Agreement shall become null and void. NED"S WAY FACILITY AGREEMENT PAGE 2 OF 3 TOWN OF TIBURON Dated: Richard Collins Mayor, Town of Tiburon CITY OF BELVEDERE Dated: John Talischak Mayor, City of Belvedere APPROVED AS TO FORM: By R. Danforth, Esq. Town Attorney, Town of Tiburon ATTEST: DIANE CRANE IACOPI TOWN CLERK Dated: By_ Robert Epstein City Attorney, City of Belvedere Ann NEWS WAY FACILITY AGREEMENT PAGE of To: From: Mayor and Members of the Town Council Department of Public Works Town Council Meeting October 6, 2010 Agenda Item: • Subject: Lyford Drive Multi-Modal Parking Lot Update and Information Regarding Utility Relocation - Request for Direction and Authorization to Staff Reviewed By: ' u BACKGROUND In November 2009, the Town Council approved a design concept for a parking lot at the intersection of Lyford Drive and Tiburon Boulevard that generally consisted of a 60-foot wide paved parking area with retaining wall, drainage system, irrigation crossover, curb ramp, 4-foot wide raised island on north east side of the parking area for future landscaping, and chain link fence. This concept would provide a total of 58 parking spaces (55 standard and 3 handicap spaces) in two rows with a single drive aisle, as well as a significantly wider sidewalk to provide room for future installation of a bus shelter, bicycle racks, monument entry sign and information kiosk. Council subsequently authorized staff on April 21, 2010 to work with PG&E and engage an engineering consultant to prepare an environmental review, develop plans for construction and provide more detailed estimates to the various options of what to do with the aerial utility line that run through the site. Councilmember O'Donnell further requested staff to consider a significant undergrounding project extending from Lyford Drive to Mar West Street. Undergrounding would be a concurrent activity but, from a funding perspective, an essentially separate project from the parking lot. Staff has embarked on this process. DISCUSSION Design and Site Planning The overall project concept remains consistent with the last update provided to Council. The detail design continues to provide two rows of parking with a single drive aisle. However, "finger islands" have been inserted into the design replacing various parking spaces to break up the potential starkness of the lot and provide for landscaping and lighting. Several larger parking TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 spaces were also added to accommodate commercial vehicle parking. Combined these revisions resulted in eight fewer parking spaces. The larger spaces could be converted through re-striping to more, smaller, spaces in the future should that be desired. Finally, the finish elevation of the lot has been lowered up to 4 feet as compared to Tiburon Blvd to minimize retaining wall costs and the visual impact from the boulevard. Utility Relocation Since April of this year, staff has worked with PG&E to obtain estimates for various relocation and undergrounding options for the project. PG&E has two separate means by which it contributes to undergrounding projects. One is known as Rule 20A, where the Town is allocated a certain sum every year toward undergrounding which accumulates and can be spent only in coordination with PG&E, a process that often takes years of planning. Under Rule 20A, PG&E leads the effort and performs the project on its own, and on its own time schedule. The other is Rule 208, where PG&E allots undergrounding third parties an imputed value or credit for the benefit it receives from the elimination of overhead power lines. Based on discussions with PG&E, the options appear to be as follows: 1. Underground parkin lot only To underground the parking lot only using the PG&E Rule 20B process, the estimate is about $260,000, minus a credit from PG&E for an equivalent aerial system of roughly $45,000. Total estimate: $215,000. 2. Include undergrounding to Mar West To underground remaining portion of aerial line to Mar West St requires an additional $240,000, minus a credit for an equivalent aerial system of roughly $35,000. Total estimate: $205,000. 3. Span parking, lot PG&E can span the entire parking lot with its line so that there are no poles situated in the proposed lot. Staff previously reported that PG&E may potentially relocate its facilities at its expense. However, staff has learned that since it is Caltrans' right-of-way, this relationship would not apply. Total estimate: $60,000. 4. Relocate poles outside of lot PG&E can relocate every existing pole outside of the parking lot at $15,000 per pole. We have between 3 to 5 poles that must be relocated. Total estimate: $45,000 to $75,000. 5. Install conduit To install the underground facilities and conduit without converting over would be about $125,000, plus Option 3 or 4 must be included to relocate the poles for a minimum additional amount of $60,000. Total estimate: $185,000. Regarding undergrounding options, staff has determined that use of Rule 20A funds is not feasible for this project. Even if the Town received an accelerated status, the expedited schedule is still projected to be at least 2.5 years out, which is inconsistent with the project schedule. The Town will continue to accumulate Rule 20A funds and has formally requested PG&E to place it in the queue for further Tiburon Boulevard undergrounding between Mar West Street and San Rafael Avenue. Staff believes the most economically viable option is to underground just the parking lot (option #1) at a cost of about $215,000. It accomplishes the objective with no funds wasted on interim solutions. Caltrans Approval Staff met again with Caltrans officials on August 17th to discuss project plans. Contrary to what was previously communicated to the Town, Caltrans now believes that a more in-depth review process is necessary with a greater emphasis on design input. As a result, there is a strong likelihood that project cost will increase and delivery time lengthen. Based on this second meeting with Caltrans, project cost could increase from $885,000 for soft costs and construction to $1,145,000, not including undergrounding. Delivery time may require an additional five months. Staff intends to make every effort to prevent unnecessary redesign and concomitant cost increases so as to keep the project closer to its current estimate. Caltrans representatives have also indicated that they are now reluctant to allow the Town to charge a fee for parking as new department policies evolve regarding the state's Park and Ride lots. This is a potentially serious issue; this lot will exist long into the future and charging for parking may become an indispensable management tool to ensure appropriate use of the lot as well as the opportunity to recoup maintenance costs. Caltrans representatives have indicated they will continue to consider our proposal to allow us to manage the parking as the Town deems appropriate. Belvedere Participation The City of Belvedere declined to make a capital contribution to the project (many of the parkers are contractors destined for jobs in Belvedere), but indicated previously that it would allow the Town to use its nearby well water for irrigation. However, Belvedere recently advised the Town that no longer believes it has adequate water resources to make this contribution. It remains an open issue whether Belvedere will contribute any landscaping to the project. It expressed interest in, but made no commitment to, landscaping the south-facing elements of the project along the multi-use path. FISCAL IMPACT The base project was projected to be approximately $885,000 for soft costs and construction. At this point, a minimum of an additional $60,000 is anticipated for the PG&E relocation, as well as funds the Town may need to meet new design demands from Caltrans. Town allocated $785,000 for the project in this fiscal year, which includes a $314,000 grant from the California Transportation Fund for Clean Air (TFCA) program which was awarded to the Town by the Transportation Authority of Marin through a competitive process. Town council McctinCT Octohcr h. 2010 Any funding shortfall necessitated by Caltrans conditions or for undergrounding, including contingency, must be made up through a budget amendment. Next Steps While the project has become potentially more expensive, and the coordination with Caltrans more daunting, staff nevertheless believes it is a worthy project. One third of the project is grant- funded, and the utility undergrounding, while it does add expense, is consistent with the Town's long-term objectives for Tiburon Boulevard. An important caveat is if Caltrans insists on imposing an absolute restriction on the Town ever charging for parking at this location. This'turn of events may lead staff to return with a different recommendation. If Council so directs, staff will finalize engineering of the project, including the proposed utility undergrounding. This in turn will form the basis for putting the project out to bid. Once bids are received, the matter will be brought back to Council for contract approval (or, if the bids are unacceptably high, rejection). Staff will move forward with the project apace, but given Caltrans' extensive involvement, it is expected that a bid package may not be ready until May 2011. Following this timeline, construction could begin in August 2011 with a three to six month construction period. RECOMMENDATION Staff recommends that the Town Council: Review the options for utility relocations, consider the implications with Caltrans review of the Lyford Drive Multi-modal Parking Lot, and provide direction to staff. Exhibit: Exhibit A - Draft site design Prepared By: Nicholas T. 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I I OZ m ~D0 o ~ r p I I I I, ~ ~ 1 it O ; O 1 1 ' 1 UI ~I I m° I z I 1 v ~ I 1 C rU 1 1I j I V 1 nn i ~ y z ~ I 10.' m N v I I i 1 1 Iff 1 ' 1 ' I I 8 =j -Ti `6A Z I I ` 1.,5• I ~I ° ~ I Oo r C 1 1 '.I~ I N I 1 I ~ I 1 T I O I , \ I~ I z z 1 , I I O O CITY of BELVEDERE 450 San Rafael Ave. • Belvedere, CA 94920-2336 Tel: 415/435-3838 * Fax: 415/435-0430 October 4, 2010 Nick Nguyen f Director of Public Works/Town Engineer = - Town of Tiburon r 2010 Ji 1505 Tiburon Blvd. C~i. CIT Tiburon CA 94920 fay -AS Re: Lyford Drive Parking Lot Project Dear Nick, As requested, we have reviewed the recently provided plans for this project, dated July 30, 2010. Our comments are as follows: 1. The retaining wall proposed adjacent to the multi-use path will be visually impactful due to its height (9-ft to almost 12-ft.). Even with the proposed vines it will loom large to Lagoon Road residents between the tennis courts and the corporation yard where there is little or no existing vegetation to screen it. 2. There is no indication about the plans for the existing utility poles. They will fall within the parking area. Undergrounding will be very expensive. Developing around them will elevate the public much closer to the overhead electrical wires - perhaps within minimum required clearances. 3. We can probably provide water and electric power from our corporation yard. Tiburon would be responsible for the cost of routing these services. 4. We strongly suggest that lighting be LED fixtures. This is a better `green' approach and would save Belvedere money if we are to cover the energy costs. Lighting may also be a view issue for up-hill residents. 5. Please reconsider the use of Heteromelas Arbutifolia near the multi-use path. It sheds it berries. 6. The bus pad section of 4" AC over 12"AB is probably not up to the transit district's standard. A reinforced concrete pad may be more appropriate. 7. Note 4 on the Title Sheet makes the contactor responsible for costs associated with working around existing utilities. This is unrealistic and unienforceable. The de sib n :ngireer should determine where there are existing utilities and show them on the plans. Only then can the contractor be held responsible for working around these identified utilities and having them field located by USA. In conclusion, it appears to be a very expensive project for the number of parking spaces it will create. The existing shoulder could be developed for a fraction of the cost for a substantial number of spaces. Si e e , Bob Branz City Engineer •~4/ CC: George Rodericks #-(t4ertj Scott Derdenger / 0 Im (V Im /V U.\CITYENGINEER\ENGINEERS SPECS\MISCELLANEOUS\TIBURONNGUYEN LYFORD PART: LOT PROJECT 104-IO.DOC OR. tv * ' TO«%N OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 E, ~/4-' W C & - /G FREW • R Date: October 6, 2010 To: Margaret Curran, Town Manager From: Heidi Bigall, Director of Administrative Services Subject: Annual General Fund Operating Surplus FY 2001 - FY 2011 For information purposes, below illustrates the annual General Fund Operating surplus (deficit) from Fiscal Year 2001 forward. Most of the surplus is allocated out to the Designated General Fund Reserves by Council action during the following fiscal year. FY 2000-01 $ 1,2427528 FY 2001-02 $ 1,0041063 FY 2002-03 $ 1,198.620 FY 2003-04 $ 1,107,902 FY 2004-05 1,248,065 FY 2005-06 $ 5847671 FY 2006-07 $ 1,094,096 FY 2007-08 $ 1,270,244 FY 2008-09 $ 1,191,749 FY 2009-10 $ (73,177) Includes one-time $640,000 Del Mar settlement expenditure FY 2010-11 $ 51 (est.) Based on the historic downturn in General Fund Operating revenues, which significantly began to impact the Town in FY 2009-10, it is not projected that there will be any considerable General Fund Operating surpluses to replenish the Designated General Fund Reserves for the foreseeable future. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: October 5, 2010 _ To: Mayor and Town Council From: Peggy Curran, Town Manager Heidi Bigall, Director of Administrative Services CU,-k. r-f- Subject: Projected Impact of Pending Projects on Reserves Staff recently met with the 2010-2011 Budget Committee, Vice Mayor Jeff Slavitz and Councilmember Alice Fredericks, to review the status of the Town budget after the first quarter. Additionally, staff and the committee reviewed the Town's General Reserves to evaluate how two pending projects might affect them. The projects are the Ned's Way Facility, currently estimated to cost $950,000, and the Lyford Parking Project, currently estimated at $885,000, with another $215,000 in expense if utility undergrounding is included. The Lyford project is offset by a $314,000 grant from the Transportation Authority of Marin (TAM). Since both of these projects are on the October 6, 2010, agenda, staff wanted to ensure that the entire Town Council was aware of the cumulative impact they will have on the Town's reserves. Current Reserves In the adopted budget total General Reserves as of June 30, 2011, were estimated to be $8,722,249, of which $2,72.5,070 is "unallocated", that is, not set aside for any purpose other than as a "rainy day" surplus. The balance of $5,997,179 is allocated for various future projects or liabilities including the redevelopment of the Public Works Corporation Yard, at just over two million dollars, along with fourteen other categories. All of these funds may be reprogrammed as Town Council sees fit. Since budget adoption and closing the books from last fiscal year, along with finalizing the Del Mar undergrounding expenses, the General Reserve picture has improved. The unallocated reserves are now estimated to be $3,235,782 as of June 30, 2011, bringing total General Reserves to $9,667,510. Ned's Way This project is essentially unbudgeted at this time as the two sources of funding identified in the budget are no longer available: a Per Capita Grant of $187,500 that staff thought would be available for this purpose but which is not due to the timing of the project, and a capital contribution to the project from Belvedere of $67,500, for a total of $250,000. (The current estimate of $950,000 emerged as a result of the project growing in size and undergoing engineering which revealed that more site work is required than originally anticipated.) If Council wishes to proceed with the Ned's Way Facility, it will need to appropriate an additional $700,000 to the $250,000 current in the Capital Improvement Project budget for this project; the General Reserves will be impacted by the total amount of $950,000. Lyford Parking Project Total project costs, including utility undergrounding, are estimated at $1,100,000, less the $314,000 TAM grant. The project is currently budgeted at $785,000. Thus, the additional cost of its increase to $885,000, along with the undergrounding, would require a budget amendment of $315,000 from the General Reserves. Use of Reserves for Ned's Way and Lyford Drive Projects Together the projects would require $1,265,000 from General Reserves. Staff believes that the additional funding can come partially from unallocated reserves (which per Town policy must be maintained at a minimum of 25% of the Operating Budget which in this fiscal year is $2,143,750) and partially from a reallocation of reserves. In particular, staff believes the $450,000 set aside for "traffic system" improvements in the budget is higher than necessary and may be reduced. Therefore the additional funding for these projects is proposed as follows: $1,000,000 from unallocated reserve $265,000 from traffic system reserve $1,265,000 Summary of Reserves STARTING POINT Revised General Reserves (adjusted for Del Mar, etc) $9,667,510 FINANCIAL IMPACT Additional cost of combined projects ($1,265,000) ENDING POINT General Reserves' balances if both projects are built $2,235,782 (unallocated) $6,166,728 (allocated) Total Remaining General Reserves $8,402,510 There are two attachments to this memorandum. The first (A) is the Fund Resources Overview from the 2010-2011 adopted budget. The second (B) is a revised Fund Resources Overview reflecting both the increase in reserve estimates and the reallocation of funds proposed for these two projects. No budget action is requested or required to be taken at the October 6 meeting. This memorandum's sole purpose is to make Town Council aware of the eventual impact on reserves that would result from these projects if Council elects to award construction contracts further down the road. Please contact either of us if you have any questions about these numbers. Thank you. , , T'. FUND RESOURCES OVERVIEW Changes to Fund Balance, projected June 30, 2011 Fiscal Year 2010111 FUND/RESERVE GENERAL RESERVES Estimated Fund Balance 7/1/2010 Projected Projected Operating Revenues Expenses Projected Capital Project Expenses Other Sources In (out) Projected . Fund PROJECTED . BALANCE 777 } `r 1 General Unallocated $ 2,725,019 6,937,143 6,937,092 - - 51 4 2;725WD 2 Capital Equipment Replacement 245,179 122,200 54,000 30,000 - 38,200 X283;37.9. 3 Infrastructure & Facility Replacement 446,088 - - 594,300 250,000 (344,300 ':x'101,788 4 Employee Compensated Leave 366,773 - - - - - ~~~,°366~773~r 5 Employee Housing Assistance 800,000 - - - - - "40%00110'0o, 6 OPEB Fund GASB 45 300,000 80,000 80,000 380$D057, 7 PWCorp Yard Improvement 2,041,383 - - - - - ~2,0411,383 8 Park Development 459,861 - - 75,000 - 75,000 `384,861° 10 Self Insurance 151,645 - - - - - `51845` 11 Streets & Drainage 1,043,627 - - 810,000 314,000 496,000 *,,547;6Z 12 Storm Damage 100,000 - - - - W'~~io0-000'a 13 Traffic System 450,000 - - - - - 45D,000> 14 Technology Fund 329,098 115,000 92,600 - - 22,400 x`'°51,498` 15 Open Space Management 88,225 50,000 - 50,000 f f 'ft -38,•225 . Total General Fund $ 9,546,898 7,174,343 7,083,692 1,559,300 644,000 824,649 $ .-8;722249' B & FUND RESOURCES OVERVIEW Changes to Fund Balance, projected June 3 0, 2011 Fiscal Year 2010/11 FUND/RESERVE ENERAL RESERVES Fund Balance 010 Projected Projected Operating Revenues Expenses Projected Capital Project Expenses PROJECTED Other Projected (Out) Fund BALANCE 6/3012011 Ps` " 1 General Unallocated $ 3,235,731 6,937,143 6,937,092 1,000,000 - 999,949 M2,,235 7 1Z 2 Capital Equipment Replacement 265,324 122,200 54,000 30,000 - 38,200 *WW 03'j1524-`.- 3 Infrastructure & Facility Replacement 447,032 - - 344,300 - 344,300 ~J02,732-: 4 Employee Compensated Leave 346,462 - - - - - *~~346;462. 5 Employee Housing Assistance 800,000 - - - 8'DO000` - - AM f 6 OPEB Fund GASB 45 300,000 80,000 80,000 80;000` 7 PW Corp Yard Improvement 2,161,383 - - - - - V;l61; 383'` 8 Park Development 440,484 - - 75,000 - 75,000 X365484 10 Self Insurance 114,589 - - - - -174,S8g-: 11 Streets & Drainage 1,370,695 - - 810,000 314,000 496,000 874 695" 12 Storm Damage 100,000 - - - - ~1;00;000 13 Traffic System 450,000 - - 265,000 - 265,000 y;'85,~000? 14 Technology Fund 362,237 115,000 92,600 - - 22,400 ~ 384y637 15 Open Space Mana ement 98,222 50,000 - 50,000 Total General Fund $ 10,492,159 7,174,343 7,083,692 2,574,300 394,000 (2,089,649)1;$'81,401,161. 0"