Loading...
HomeMy WebLinkAboutTC Agd Pkt 2012-06-20TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON TOWN COUNCIL CLOSED SESSION-- (7 p.m.) CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Regular Meeting Tiburon Town Council June 20, 2012 Meeting time - 7:30 p.m. Interview - 7:15 p.m. Closed Session - 7 p.m. Bargaining Units: Service Employees International Union (SEIU) Negotiators: Town Manager and Director of Administrative Services INTERVIEW - (7:15 p.m.) Heritage & Arts Commission Vacancy • Elizabeth Merrill, Lagoon Vista Road CALL TO ORDER AND ROLL CALL Councilmember Doyle, Councilmember Collins, Councilmember Fredericks, Vice Mayor O'Donnell, Mayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. 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. Town Council Minutes - Adopt Minutes of June 6, 2012 regular meeting (Town Clerk Crane Iacopi) 2. FY 2012-13 Municipal Budget - Adoption of Municipal Budget resolutions for fiscal year ending June 30, 2013 (Director of Administrative Services Bigall) 3. Employee Compensation Program - Adoption of resolutions Amending Management and Mid-Management/Unrepresented Employees Compensation Program for FY 2012-2013 and FY 2013-2014 (Director of Administrative Services Bigall) ACTION ITEMS 1. Appointments to Boards, Commissions and Committees - Consider appointments to fill a) Town Council position on it. Recreation Committee and b) vacancy on Heritage & Arts Commission (Town Clerk Crane Iacopi) 2. Bay Trail Gap Study - Presentation of report providing recommendations to extend Bay Trail from Blackie's Pasture to East Strawberry Drive (Director of Community Development Anderson/Planning Manager Watrous) PUBLIC HEARINGS TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -June 8, 2012 • Town Council Weekly Digest -June 15, 2012 ADJOURNMENT 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, w,A,-w.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-1 TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, June 6, 2012, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Building Official Lustenberger, Director of Public Works/ Town Engineer Nguyen, Police Chief Cronin, Town Clerk Crane Iacopi CLOSED SESSION - (6:30 p.m.) CONFERENCE WITH LABOR NEGOTIATOR (Government Code Section 54957.6) Bargaining Units: Tiburon Police Association; SEIU Negotiators: Town Manager and Director of Administrative Services CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Subdivision (a) of Government Code Section 54956.9) Zwonarz v. Marinero Condominiums Homeowners Association, Town of Tiburon, et al. The Council also conducted an interview, as follows: INTERVIEWS - Current and pending vacancies on the Tiburon Building Code Appeals Board and the Belvedere-Tiburon Library Agency Board of Trustees *New Time 7:15 p.m.. - Rich Ostaggi (Building Code Appeals Board) 7:00 p.m. - Jeff Foran (Library Agency) - cancelled* 7:15 p.m. - Tom Gram (Library Agency) - cancelled* DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 1 ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Fraser reported that no action was taken in closed session. PRESENTATION • Presentation of Proclamation in Honor of Sam Chapman, Tiburon's Hometown Hero (Mayor Fraser) Mayor Fraser read the proclamation and presented it to the family members who were present Sam's three sons Blake, Mark, and Chris, and daughter, Caitlin. "WHEREAS, Samuel Blake Chapman was born on April 11, 1916, to Katherine and Charles Chapman of Mar West Street in Tiburon, California; WHEREAS, Sam worked in his father's post office and general store in downtown Tiburon, attended the one-room Tiburon school, played baseball on a rail yard lot, and attended Tamalpais High School where he earned his letters in five sports; WHEREAS, Sam attended UC Berkeley where he was "All American" in both football and baseball, and, helped lead the 1937 Cal Bears football team to their last Rose Bowl win; and WHEREAS, Sam played professional baseball on Connie Mack's Philadelphia Athletics straight out of college, and in his first season hit 17 home-runs; WHEREAS, Sam hung up his cleats to aid the war effort becoming a Navy pilot and flight instructor from 1942 to 1945; WHEREAS, Sam returned to the Philadelphia Athletics after the war, playing in the 1946 All Star game, then went to the Cleveland Indians in 1951, and finally, ended his baseball career with the Pacific Coast League Oakland Oaks; WHEREAS, Sam was truly a "hometown hero," and has provided inspiration for generations of local youth; THEREFORE, I, Jim Fraser, Mayor of the Town of Tiburon, do hereby issue this proclamation on behalf of the Town in Honor of Sam Chapman." Mayor Fraser noted that the dedication of the Sam Chapman plaque would take place at 6 p.m. on Friday, June 8 at Pt. Tiburon Plaza. The youngest Chapman son thanked Heritage & Arts Commissioner and Landmarks Society archivist Dave Gotz, Tiburon Fire District Battalion Chief Ed Lynch, and Heritage & Arts Commission Staff Liaison Joan Palmero for their efforts to see this through. He also thanked the Town for its recognition of their father. ORAL COMMUNICATIONS None. DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 2 CONSENT CALENDAR 1. Town Council Minutes - Adopt Minutes of May 2, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt Minutes of May 16, 2012 special meeting (Town Clerk Crane Iacopi) 3. Town Investment Summary - Adopt report for April, 2012 (Director of Administrative Services Bigall) 4. Lyford Drive Multi-Modal Parking Lot Project - Adopt resolution approving an agreement with the State Department of Transportation (CalTrans) permitting the construction and maintenance of the Lyford Drive Parking Lot Project (Town Attorney Danforth) Councilmember Fredericks asked to remove Item No. 4 from the Consent Calendar. MOTION: To approve Consent Calendar Item Nos. 1, 2 and 3, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous 4. Lyford Drive Multi-Modal Parking Lot Project - Adopt resolution approving an agreement with the State Department of Transportation (CalTrans) permitting the construction and maintenance of the Lyford Drive Parking Lot Project (Town Attorney Danforth) Councilmember Fredericks asked for clarification of the terms of the agreement. Town Attorney Danforth said the agreement allowed the Town to construct and maintain a parking lot in that location, as long as it was kept open for public parking. Councilmember Fredericks asked whether the agreement would allow Caltrans to repurpose the parking lot at any time. The Town Attorney said this issue had been the subject of a heated debate in negotiating the agreement. However, she also noted that the Town used the same language in its encroachment permits. She said the likelihood of Caltrans "repurposing" the parking lot was quite remote, in staff s opinion. Councilmember Fredericks asked if there was anything to prevent Caltrans from taking such action. Danforth said that while she could not envision this happening in the real world, she acknowledged that it was a significant concern because the Town was investing significant resources in land not owned by the Town. DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 3 Councilmember Fredericks said this risk should be ,known to the Town Council if it wants to develop the land. She said she wished the Council had known this before sending the project out to bid. Town Attorney Danforth said she understood the Councilmember's position. MOTION: To adopt the resolution approving the agreement with Caltrans. Moved: O'Donnell, seconded by Collins Vote: AYES: Unanimous ACTION ITEMS 1.- Appointments to Boards, Commissions and Committees - Consider appointment to fill vacancy on Building Code Appeals Board (Town Clerk Crane Iacopi) Mayor Fraser noted that the two interviews for the Library Board vacancy had been cancelled but that the Council had interviewed a candidate for the Building Code Appeals Board. Vice Mayor O'Donnell said that plumbing contractor Rich Ostaggi would be an excellent addition to the Board. MOTION: To appoint Rich Ostaggi to the Building Code Appeals Board. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous Councilmember Fredericks asked what noticing requirements, if any, existed to cancel the interviews. Town Attorney Danforth said that there were no legal requirements to remove an item from the agenda, only to place an item on the agenda. Councilmember Fredericks asked what these legal requirements were. Danforth said that according to the Brown Act, a public entity must publish its agenda 72 hours in advance of a meeting, and 24 hours in the case of a special meeting. Fredericks asked whether posting the agenda at Town Hall met the minimum requirements. Town Attorney Danforth said agendas were normally sent to the newspaper of local circulation, as well as posted at Town Hall. 2. Joint Recreation Committee Composition - Recommendation to approve amendment to the Belvedere-Tiburon Joint Recreation Committee expanding the Governing Board to include members of the Town of Tiburon and City of Belvedere City Councils (Town Attorney Danforth) Town Attorney Danforth said that during the hearings on the development of the Ned's Way project which will house the new Joint Recreation facility, Mayor Fraser had recommended that a councilmember from Belvedere and Tiburon be appointed to the Committee in recognition of the significant monetary investment both cities were making to the project. DRAFT Town Council Minutes #x -2012 June 6, 2012 Page 4 Danforth said that the amendment to the Joint Powers Agreement would increase the number of voting committee members from seven to nine. She said the City of Belvedere was set to discuss the matter at its next Council agenda, as well. Councilmember Fredericks complemented the Mayor on the wisdom of his recommendation. MOTION: To approve amendment, as written. Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous 3.- Residential Resale Building Reports - Review of Residential Building Reports (RBRs) process (Director of Community Development Anderson) Director Anderson said that since 1970, the Town of Tiburon has required preparation of a Report of Residential Building Record, cominonly called an RBR, prior to the sale or exchange of a dwelling unit. He said that newly-constructed units are exempted. Anderson said the intent of the RBR is to protect the public health and safety of residents; he noted that RBR ordinances have been adopted by all of the ten other municipalities in Marin County. Recently, Anderson said that Town staff was asked to prepare a review of the regulations and process, along with preparing a general comparison of Tiburon's RBR regulations with other Marin municipalities. He said this review was summarized in more detail in the written staff report. Anderson said that staff generally provided an owner with a copy of the RBR within 10 days of the inspection, and that they then had 30 days to make the corrections. He said the report was good for one year and clearly delineates mandatory versus an advisory corrections. Anderson said that Building Official Lustenberger was present and could provide additional information. Councilmember Collins asked if the inspections followed the regular building permit inspection protocol. Director Anderson said that in the case of a building permit, the inspector normally only inspected the work that was subject to the permit; he said the RBR was a broader inspection and the purpose was to make the house safer for the new owners. Collins said that the cities of Mill Valley and Ross cited the same Government Code Section as Tiburon did for their RBR ordinance; however, Collins said those cities provided sellers with a punch list but not a mandate to make the corrections. He asked how the Town had come to expand on this authority. Director Anderson said that the process used by Mill Valley was identical to Tiburon's; he said that Ross was better in clarifying that a physical inspection is required to comply with the ordinance, and Ross sends a Fire Marshal to inspect the property, as well. DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 5 Councilmember Collins said he wanted to know how the Town came to go beyond the express authority of the Government Code. Town Attorney Danforth said that the Town's police power allowed it to require broader report. Vice Mayor O'Donnell asked about-the cost to prepare an RBR and whether a homeowner would have to pay an additional fee for a permit to make the repairs. Building Official Lustenberger said staff generally waived the permit fees for repairs as most things could be done for $250 or less (the cost of the RBR permit). However, he said that separate permits are required for work when the inspection discovers work that has been done without a permit. The Vice Mayor asked how this differed from private inspections. Lustenberger said that private inspections were done at the behest of the buyer or seller, and that they were voluntary. He said those reports belong to the person who hires the inspector while the Town's reports are a public record. Vice Mayor O'Donnell asked whether the RBR process was a matter of interjecting the Town into a private transaction and, if so, was there an issue of liability to the Town. He also asked what happens if the work to be performed is so onerous that it either delays or dumps a sale. Town Attorney Danforth said that work performed without a permit was by definition illegal and said that it would be difficult to frame a cause of action against the Town on this basis. Councilmember Doyle asked if there was liability if the Town "missed something" in its RBR. Town Attorney Danforth said that the Town's inspections were covered by statutory immunity. Vice Mayor O'Donnell referenced the case of a collapsing deck in San Francisco that had not been identified in a building report. He asked what would happen if the Town missed something this serious. Town Attorney Danforth said she had heard of this case. She commented that the Town's resale inspections looked for deficiencies that were egregious and obvious; she said it would be difficult to construct a case of liability if the cause could not have been seen. Collins asked if there was a risk involved in preparing these reports. Danforth said that one could argue that every time the Town does an inspection there is a risk, but the Town does it anyway because the public safety is served. She maintained that all cities have statutory immunity for this reason. Mayor Fraser said the Town Council of Corte Madera had decided not to renew its RBR ordinance because of the perceived liability to the Town. He said it would be helpful to find out more about the reasons for this Council's decision. Mayor Fraser said he was a supporter of the RBR process and noted that nine out of 11 cities performed these inspections, although the County did not. However, the Mayor pointed out that the report criteria is not standardized between cities; he said that property owners and contractors did not know what to expect across jurisdictions. He said that the items subject to inspection DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 6 depended on the building officials of those jurisdictions. He wondered whether there was a way to improve the process, to aid homeowners and contractors, through standardization. Director Anderson said that each municipality had the authority to create its own regulations. In some cases, however, he said regulations were based on a model ordinance like the recently- adopted construction and demolition ordinance adopted by the Marin cities. He said he had not heard of a desire to standardize the RBR process. He also noted that most counties did not perform RBRs because they were too far flung geographically and did not have enough personnel to provide this kind of service. Mayor Fraser said that standardization would be a huge benefit and agreed with the Director that the cities and county had moved toward standardization in Green Building regulations and in other areas, as well. He asked staff to consider taking a leadership role in this area. Councilmember Fredericks cited her experience in buying and selling homes in several communities; she said that her real estate agent handled these transactions and that it was simply a matter of complying with local requirements. She said that she did not think it was a good use of staff time to seek standardization from other cities. Vice Mayor O'Donnell suggested that an interested party, the Marin Association of Realtors, might be able to marshal the resources to take this on. He said that he agreed with the Mayor's philosophy but also thought that Councilmember Fredericks had a valid point. The Mayor agreed that this might be a better approach. Vice Mayor O'Donnell said that while health and safety were paramount, he was still concerned about liability and risk to the Town in the RBR process. O'Donnell asked about shifting the responsibility for inspections to private parties. Town Manager Curran noted that the Town had been issuing RBRs for 40 years without any related lawsuits. O'Donnell took issue with the direction of the conversation at this juncture. Vice Mayor O'Donnell stated that the reason the Mayor had raised the issue was that there was discontent in the community with the process. He described a "horrendous" experience he had with a former Town building inspector while trying to sell his home; he said that the inspector refused to tell him what was in his report and that O'Donnell had to wait 10 days to obtain a copy. He said if the Town could better manage the process, it would be the better way to go. Councilmember Fredericks said that the Vice Mayor had made an excellent suggestion earlier in proposing that the Marin Association of Realtors might look into the possibility of standardizing the inspection process. Town Manager Curran also offered to raise the issue at the Marin Manager's Association monthly meeting. She said that the City Managers might canvass their respective councils to see if there was interest in pursuing this, and then turn it over to the realtor's association. Curran said that she would report back to the Council on this issue. DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 7 Mayor Fraser said he concurred with this recommendation, as well as following up with the Town of Corte Madera. No further action was taken on the matter by the Council. PUBLIC HEARINGS 1. Animal Control Services - Recommendation to adopt a revised fee schedule for Animal Control Services provided by the Marin Humane Society under a Joint Powers Agreement between all the Marin cities and the County of Marin (Director of Community Development Anderson) Director Anderson said that an increase in fees for animal control services had been adopted by the County of Marin; he said that the JPA member cities were being asked to adopt the same fee schedule. Anderson said that increased fees for services provided by the Marin Humane Society to the cities and county would help avoid or off-set increases to the JPA dues. Vice Mayor O'Donnell commented that if it is possible to standardize fees for animal control services, why not standardize home inspection reports. Councilmember Collins said that the fee increases were small and seemed to be in order, as stated in the staff report. MOTION: To adopt the fee resolution, as written. Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous 2. FY 2012-13 Municipal Budget - Introduction and adoption of Municipal Budget for fiscal year ending June 30, 2013 (Director of Administrative Services Bigall) Director Bigall reported on the state of the Town's finances. She said that the Town had lived through the worst recession since the Great Depression but because of fiscal adjustments it had made, the Town was emerging in a better position than some other public agencies. She said these adjustments included salary and benefit reductions, not filling positions in certain departments, capping future pension liabilities, and paying off the PERS side fund liability. Therefore, Bigall said that 2012-13 Operating Budget of $16,239,761 was projected to have a modest surplus of $73,484. Director Bigall reviewed the budget assumptions and projections more fully in her power point presentation. She then turned the presentation over to Director of Public Works/Town Engineer Nguyen who made a presentation on the capital improvement budget for the coming year. Director Nguyen listed the three categories of projects: streets, drainage, and community projects. He said that some of these projects were rolling forward from the last fiscal year-the Del Mar Undergrounding project, the Lyford Drive Parking project, the Ned's Way project, and others. DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 8 Nguyen listed the community projects that had been completed in the past year: the license plate reader project, the TPC pedestrian path, and others. He said that some projects in process were minor renovations to the Corporation Yard (painting and fencing), and ongoing projects such as maintenance of the Railroad Marsh and Town Open Space. He also said there was a placeholder in the coming year's budget for improvements to the downtown restrooms, as well as signage and other possible improvements arising out of the downtown committee's Marketing & Communications Task Force. Director Nguyen said that Town had received an $80,000 grant from ABAG to study ways to close the Bay Trail gap which would create safe passage for bicycles, pedestrians and vehicles. Town Manager Curran noted that this would be the topic of an upcoming Town Council meeting. Nguyen said that once the Del Mar area streets had been repaved in September or October he would be able to report that all of the Town's streets had been resurfaced, in accordance with the pavement management plan. Nguyen said this would allow the Town to focus its resources in future on drainage projects which had been identified in the storm drain master plan as a backlog totaling 11 million dollars. Vice Mayor O'Donnell asked about the scope of the drainage work. He expressed concern about the $11 million price tag. Director Nguyen said that an inventory had been prepared of the Town's drainage system, and that the consultants hired by the Town had come up with an improvement plan which identified a list of projects. He said that it cost $2 million to clean the lines. He said the Town had made the first attack on this last year and had budgeted $100,000 in the coming year to continue the flushing and to replace a slip line under the Multi-Use Plath near the Belvedere Tennis Club out to Richardson Bay. The Vice Mayor said that given the scope of work being contemplated in the capital budget, he had not pushed for funding for the Tiburon Boulevard median improvements. However, he asked that the Council consider doing this in the future. He said it seemed timely given the recent improvements in the Cove Shopping Center and revitalization in other areas of town, as well. Town Manager Curran noted that the City of Belvedere had decided not to participate in the median improvements but that the matter could be revisited in the future. Vice Mayor O'Donnell said he supported an idea expressed by Councilmember Fredericks at an earlier meeting of a two-year capital budget cycle, or perhaps even longer. Town Manager Curran noted that page 65 of the budget document contained a five-year capital program. She also pointed out that there were dollars set aside, pending further details, for a possible marketing program, and circulation improvements and signage downtown. She said that staff would return to the Council with specific details at a future meeting. The Council discussed the Railroad Marsh maintenance plan. It concurred with the idea of obtaining a permit from Fish and Game and the Army Corps of Engineers to remove the cattails at the root level, rather than simply cutting them. Director Nguyen said that was the intention of DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 9 staff, and that it would be part of a longer-term program to reduce siltation and restore the drainage basin. Mayor Fraser opened the budget hearing to the public. There was no public comment. Mayor Fraser closed the public hearing. - Town Manager Curran said that staff would return to Council at its next meeting with the necessary resolutions to adopt the budget. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - May 4, 2012 • Town Council Weekly Digest - May 11, 2012 • Town Council Weekly Digest - May 18, 2012 • Town Council Weekly Digest - May 25, 2012 • Town Council Weekly Digest - June 1, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:30 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2012 June 6, 2012 Page 10 To: From: Subject: Reviewed By: DISCUSSION Municipal Budget TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor -and Members of the Town Council Department of Administrative Services Town Council Meeting June 20, 2012 Agenda Item CC • Recommendation to Adopt Resolutions Establishing Municipal Budget Plan and Establishing an Appropriation Limit (Gann Limit) for FY 2012-13 At their regular meeting of June 6, 2012, the Town Council received a presentation and held a public hearing on the proposed Municipal Budget for FY 2012-13. The Planning Commission reviewed the Capital Improvement Program at its meeting of June 13, 2012. It is now appropriate that the Town Council adopt the exhibit resolution approving a municipal budget plan for fiscal year 2012-13. Appropriation Limits (Gann) FY 2012-13 Proposition 4, approved by California voters in November 1979, established and defined annual revenue appropriation limits on all government entities. Proposition 4 became effective in Fiscal Year 1980-81; however the calculations to detennine the annual limit are carried from a Fiscal Year 1978-79 base. Proposition 4 was modified in 1990 with the passage of Proposition 111, which slightly changes the annual adjustment factors, further identification of the types of expenditures which are excluded from the limit, and provisions for the exclusion of emergency expenditures from the limit. Implementation legislation provides that the Town Council shall, at a regularly scheduled meeting, establish by resolution the amount of appropriation subject to limitation. The State is to be provided with informational forms with the filing of the Annual Statement of Financial Transactions no later than ninety days after the start of the fiscal year. The appropriations limit is the calculated dollar amount which limits the Town's ability to receive and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State Motor Vehicle Fees, Off-Highway Taxes, certain rental income, other revenues and rebates, a share of Investment Earnings, and transfer of funds from other funds into reserves of the General Fund. TOWN OF TIBURON PAGE 1 OF 3 ,y...', ? iii s'` The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the State of California Per Capita Income Growth, and (2) the Town's Population Growth. Both these figures are provided by the State Department of Finance. The limit is further adjusted if cities bear the costs of legislated fees for the transfer of responsibility. The County, through SB 2335, established fees for the collection of property taxes and for booking prisoners. The calculation for the Town of Tiburon's Appropriations Limitation for FY 2012-13 is illustrated on the following page: Gann Limit Calculation - FY 2012-13 Amount 1. Previously established limit, July 1, 2011 $7,071,142 2. Adjustment Factors Per capital personal income 3.77% Population growth 1.00% 3. Multiplier, for adjustment to limit (1.0377 x 1.00) 1.04808 4. Annual Adjustment Amout (1) x (3) $339,959 5. Add: legislated pass-through fees County property tax collection $52,000 6. Revised limit, July 1, 2011 $7,463,102 Once the Appropriations Limitation has been determined for the upcoming fiscal year, Staff must then determine the amount of revenues that the Town expects to receive that are subject to the limit. The table below illustrates revenues that are subject to the Gann Limit. 2011-12 Appropriations Subject to Gann Limit Amount A. Proceeds of Taxes $ 5,666,802 B. Exclusions -0- C. Appropriations subject to Limitation $596669802 D. Current Year Limit (from above) $79463,102 E. Over (Under) Gann Limit ($1,796,300) F. Percent Over (Under) Limit (31.70%) Any additional revenues received during FY 2012-13 that are considered "proceeds of taxes" will reduce the amount the Town is currently under the Gann Limit. FINANCIAL IMPACT By approving the Resolutions as presented, the Council is authorizing the level of expenses, within funds, for the 2012-2013 fiscal year, and establishes the Appropriations subject to Limitation amount for FY 2012-13. RECOMMENDATION Staff recommends that Council: 1. Approve the attached resolutions a. Adopting the Municipal Budget Plan for FY 2012-13 b. Establishing the Town's Appropriation Limit for FY 2012-2013 Exhibits 1. Resolution Adopting the Municipal Budget Plan for FY 2012-13 2. Resolution Establishing the Town's Appropriation Limit for FY 2012-13 3. Memorandum from Scott Anderson regarding Planning Commission Comment on ClP Prepared By: Heidi Bigall, Director of Administrative Services EXHIBIT NO.Z 0.. RESOLUTION NO. -2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUNICIPAL BUDGET PLAN FOR THE TOWN OF TIBURON FOR THE FISCAL YEAR ENDING JUNE 30, 2013 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for fiscal year 2012 at its regularly scheduled meeting on Tuesday, June 6, 2012; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for fiscal year 2013; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, capital improvements, and debt service, in the following amounts: Section 1. Operating Budget Program - The proposed Plan has sufficient resources to finance the planned expenditures: Revenues and Funding Sources $8,882,981 Expenditures 81809,500 Total Operating Net: $ 735481- Section 1 a. Operating Revenue Appropriation - Estimated Revenues and Sources of Funds for fiscal year 2012 GENERAL FUND Property Taxes $ 4,189,092 Other Taxes 1,080,925 Franchise Fees 593,587 Fines & Forfeitures 1131500 Investment Earnings 39,500 Intergovernmental & Agency 45,500 Licenses & Permits 8101250 Charges for Services 290,600 Other Revenues 995785 Subtotal General Fund Revenues $71262,739 OTHER FUNDING SOURCES Low/Moderate Housing Fund 24,725 Town Owned Housing Fund 62,600 Page 1 of 5 Peninsula Library Agency 11384,167 Police COPS/SLESF Fund 100,000 Cypress Hollow Fund 165750 Long Range Planning Fund 3200 Total Revenues & Sources $ 8,8829981 Section 1b. Operating Expenditures Appropriation - Planned Department expenditures for fiscal year 2012: AMOUNT ADMINISTRATION Town Attorney $ 243,121 Town Administration 9681646 Administration Building 199,300 Legislative 41,500 COMMUNITY DEVELOPMENT Planning & Design Review $ 4741304 Building Inspection 511,460 Advanced Planning 32,000 POLICE Police Department $20801 Police Building 64,300 PUBLIC WORKS Administration $ 306,889 Streets Maintenance 479,616 Parks Maintenance 379,589 Street & Signal Light Maintenance 371400 Corporation Yard 841600 Cypress Hollow 16,750 NON-DEPARTMENTAL Insurances & JPAs 629,852 Low-Moderate Income Housing 24,725 Town Owned Housing 62,600 Belvedere/Tiburon Library Agency 1,3 84,167 Total Expenditures: $8,809,500 Page 2 of 5 Section 2. Capital Improvement Program -Sources of Funding for Planned Streets, Drainage and Community Development Improvements in fiscal year 2013: SOURCES PROJECTS Del Mar Assessment District 1,2001)000 Infrastructure & Facility Fund 11)915,000 General Fund Public Works Corp Yard Reserve 50,000 Gas Tax Fund 10,000 General Fund Streets & Drainage Reserve 993,000 Drainage Impact Fund 100,000 General Fund Open Space Management Reserve 251000 Street Impact Fund 11043,000 Measure "A" Funds 861000 City of Belvedere Contribution 3001000 General Fund Park Development Fund 82,500 TAM Grant 314,000 General Fund Unallocated Reserve 3001000 STREETS Resurfacing Engineering & Administration $ 1,115,000 Traffic Safety Improvements 10,000 Subtotal Streets Improvements $ 11125,000 DRAINAGE Drainage Improvements 100,000 Subtotal Drainage Improvements $ 100,000 COMMUNITY DEVELOPMENT Del Mar Valley Utility Undergrounding 1,200,000 Sidewalk & Curb Ramps (ADA Compliance) 17,000 Recreation Facility at Ned's Way 2,215,000 Parking Improvements @ Tib. Blvd./Lyford Dr. 1,250,000 Downtown Vitalization Implementation Program 1001000 Downtown Vitalization Improvements 150,000 Open Space Vegetation Clearance 25,000 Way Finding Signage Program 509000 Public Works Corp Yard Improvements 50,000 Racoon Lane Handrail Improvement 151000 Rehab Pedestrian Bridge on MUP near PD 101000 Railroad Marsh Vegetation Removal 401000 Street Light Replacement Shoreline Park 201000 Donahue Parking Lot Slurry Seal 7,000 Elephant Rock Parking Lot Slurry Seal 71000 Blackie's Pasture Restroom Upgrade 151000 Shoreline Park Rip-Rap 15,000 Page 3 of 5 McKegney Green Turf Renovation 7,500 Subtotal Community Development Projects $5,1931500 Total Capital Improvements 1 $6,418,500 I $6,418,500 Section 3. Debt Service Program - Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: BOND ISSUE AMOUNT Main Street Assessment District 39,312 Stewart Drive Assessment District 108,339 Lyford Cove Assessment District 373,347 Del Mar Valley Assessment District 211,113 Del Mar 2010 Supplemental Assessment 130,450 Total Debt Service $ 8629561 IT IS FURTHER RESOLVED that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. Page 4 of 5 PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon on June , 20121 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 5 of 5 EXHIBIT NO..2.. RESOLUTION NO. -2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIATION LIMIT FOR FISCAL YEAR 2012-13 PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION OF THE STATE OF CALIFORNIA WHEREAS, Article XIII B. of the Constitution of the State of California provides that total annual appropriations subject to exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost of living and population, except as provides in Artic e XIII B; and WHEREAS, pursuant to Article XIII B of the Constitution of the State of California, the Town Council of the Town of Tiburon deems it to be in the best interest of the Town of Tiburon to establish an appropriations limit for Fiscal Year 2012-13; and WHEREAS, the previously established limit for Fiscal Year 2011-12 was $7,071,145, and the State Department of Finance has determined that the 2012-13 Per Capita Personal Income Factor is 3.77%, and the Population Change Factor is 1.00%; the Director of Administrative Services estimates that legislated pass-through fees of the County will be $52,000; the Director of Administrative Services of the Town of Tiburon has determined that the appropriations limit in the amount of $7,463,102 shall be established for Fiscal Year 2012-13. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit in the amount of $7,463,102 is established for Fiscal Year 2012-13 pursuant to Article XIII B of the Constitution of the State of California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June , 2012 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon MEMORANDUM EXHIBIT NO.~_ TO: Peggy Curran, Town Manager Heidi Bigall, Director of Administrative Services FROM: Scott Anderson, Director of Community Development SUBJECT: Planning Commission Review of Draft CIP Budget for Consistency with Tiburon General Plan DATE: June 14, 2012 At its meeting of June 13, 2012, the Tiburon Planning Commission reviewed the Draft Capital Improvement Budget for FY 2012-2013, as required by the California Government Code. The Commission voted 4-0 to find the Draft CIP budget consistent with the goals and policies of the Tiburon General Plan. The Commission requested that the following additional comments be forwarded to the Town Council regarding the Draft CIP budget: 1. A recommendation that more substantial funds (above and beyond the current $100,000) be allocated to repair, maintenance and upgrading of the Town's storm drain system in future CIP budgets. 2. That the line item in the Community & Miscellaneous Projects list for Marketing Implementation (Marketing Assistance, Collateral Materials, Website Development) seems unusual for a CIP in that the physical/capital nature of the improvements is not readily apparent in contrast to other line items. Please include this memo with the Town Council staff report for the budget adoption item scheduled for the June 20, 2012 Town Council agenda. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Administrative Services Town Council Meeting June 20, 2012 Agenda Item: CC403 Recommendation to Adopt Resolutions Amending the Management and Mid- management/Unrepresented Employees Recognition and Incentive Compensation Program for FY 2012-13 and FY 2013-14 Annually the Town Council adopts resolutions restating the employee recognition and incentive compensation programs for the Town's Management and Mid-Management/Unrepresented employee groups. The resolutions outline any changes over the previous year's program relative to compensation and benefits. To provide some background, since July 1, 2009, employees covered under the Management and Mid-management/Unrepresented Employee Recognition and Incentive Compensation Program have agreed to the following concessions: I . Paying the employee portion of retirement costs previously paid by the Town. For every I% the employee picked up, the Town provided a 0.5% increase in salary. Employees took an average effective pay cut of 4%. Annual savings of approximately $80,000. 2. No COLA or Merit/Step increases since July 1, 2008. 3. No longer being able to cash out excess vacation leave at year-end. Annual savings of approximately $30,000. 4. No longer providing a paid medical allowance at retirement for employees hired after July 1, 2010. 5. Suspending the Town's Education and Incentive Program. 6. No increase in Cafeteria Benefit Program. The key changes proposed to the current recognition and incentive compensation programs are: 1. Term Instead of the traditional one year term, it is proposed that the exhibit resolutions cover fiscal years 2012-13 and 2013-14. TOWN OF TiBURON PAGE 1 OF 3 2. Salary Ranges: Based on the Town's Compensation Policy, for fiscal year 2012-13, the top step for each position has been adjusted to the average top step for comparable positions of surveyed Marin agencies. The salary range for each position in FY 2013-14 has been increased by 2%. 3. Salary Adjustment Effective July 1, 2012, all positions covered by the exhibit resolutions will be increased by 2.5%. If a 2.5% salary increase would place an employee above the maximum of their salary range, that employee will be compensated only to the extent that their salary range allows. Effective July 1, 2013, all positions covered by the exhibit resolutions will be increased by 2.0% If a 2.0% salary increase would place an employee above the maximum of their salary range, that employee will be compensated only to the extent that their salary range allows. 4. Cafeteria Benefit Plan Effective July 1, 2012, the Town will contribute a dollar amount equal to the Kaiser two- party rate to each employee's cafeteria benefit plan to purchase medical, dental, life and disability insurance. 5. Retirement Program Currently the Town provides all Miscellaneous employees the CalPERS 2% @ 55 retirement formula, using the single highest year compensation. The Town provides all Safety employees the Ca1PERS 3% @ 55 retirement formula, using the average three highest years compensation. For employees hired on, or after, July 1, 2013, the Town will provide Miscellaneous employees the Ca1PERS 2% @ 60 retirement formula, using the average three highest years, and Safety employees the 2% @ 50 formula also using the average three highest years compensation. 6. Tuition Reimbursement Program The Town's tuition reimbursement program for employees of each group is suspended again for FY 2012-13 and FY 2013-14. FINANCIAL IMPACT As proposed, the cost of this program in FY 2012-13 is approximately $85,000 and has been incorporated into the FY 2012-13 Preliminary Municipal Budget. The cost of this program in FY 2012-13 is estimated to be approximately $68,000. Additionally, the Town will realize savings in retirement costs as new employees are hired after July 1, 2013 and enrolled in a less expensive retirement plan. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the following Resolutions: a. Amending the Management Recognition and Incentive Compensation Program; and b. Amending the Mid-Management/Unrepresented Employees Recognition and Incentive Compensation Program Exhibits: 1. Management Incentive Program Resolution 2. Mid-Management/Unrepresented Employees Recognition and Incentive Program Prepared By: Heidi Bigall, Director of Administrative Services RESOLUTION NO. 2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 32-2011 AND ADOPTING AN AMENDED MANAGEMENT RECOGNITION AND INCENTIVE COMPENSATION PROGRAM WHEREAS, in January 1979, the Town Council established and adopted a Management Recognition and Incentive Compensation Program, in order to promote the development of a strong, more effective management team and a means of recognizing outstanding management performance in all public service areas; and WHEREAS, the Management Recognition and Incentive Compensation program enhances the professional growth, motivation, and loyalty of management employees and promotes a consistently higher level of service to the public; and WHEREAS, the Town Council has updated and amended the Management Recognition and Incentive Compensation Program on several occasions, most recently in 2011 by the adoption of Resolution No. 32-2011; and WHERAS, the Town of Tiburon management employees are defined to mean the following positions: Town Manager Town Attorney Chief of Police Director of Administrative Services Director of Community Development Director of Public Works/Town Engineer NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 32-2011 and all predecessor versions of the Management Recognition and Incentive Compensation Program and adopts the following amended Management Recognition and Incentive Compensation Program: SECTION 1. SALARIES Effective July 1, 2012 salary ranges for management positions shall be: Chief of Police $101474 - $ 13,093 Director of Administrative Services $ 8,406 - $ 10,507 Director of Community Development $ 8,515 - $ 10,644 Director of Public Works/Town Engineer $10,214 - $ 12,768 Effective July 1, 2013 salary ranges for management positions shall be: Page 1 Chief of Police $1084 - $13,355 Director of Administrative Services, $ 8,574 - $10,717 Director of Community Development $ 81)686 - $10,857 Director of Public Works/Town Engineer $10,419 - $13,023 SECTION 2. SALARY ADJUSTMENTS Effective July 1, 2012 Management employees shall receive a 2.5% compensation adjustment, but shall not exceed the maximum of their respective salary range. Effective July 1, 2013 Management employees shall receive a 2% compensation - adjustment, but shall not exceed the maximum of their respective salary range. Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the Town Manager. SECTION 3. BENEFITS AND INSURANCE Effective July 1, 2012 the Town shall contribute a dollar amount equal to the CalPERS Kaiser two-party premium to a Management employee's cafeteria plan to purchase medical, dental, life and disability insurance. This dollar amount will float with the increase or decrease in the cost of the CalPERS Kaiser two-party rate. If the full sum specified is exceeded for group insurances of a given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction from the first two payrolls of the month. If the full sum specified is not used for the group insurances cost of a given employee, then that amount, not to exceed $400 per month, shall deposited into one of the Town's Deferred Compensation Plans in the employee's name. Any employee who on December 31, 2008 receives more than $400 per month accruing fringe shall be capped at the higher amount. Should, at any time, such employee's accruing fringe fall below the grandfathered cap, but more than $400 per month, the lower amount becomes that employee's new cap. Retirement - For Miscellaneous Members of the Public Employee's Retirement System hired prior to July 1, 2013, the Town of Tiburon shall provide the CalPERS 2% @ 55 retirement benefits, with highest single year calculation. For Miscellaneous members hired after July 12013, the Town shall provide the CalPERS 2% @ 60 retirement formula using the average three highest year calculation. For Local Safety Members hired prior to July 1, 2013, the Town shall provide the Ca1PERS 3% @ 55 retirement benefit, average three highest year's calculation. For Safety members hired after July 1, 2013, the Town shall provide the CalPERS 2% @ 50 retirement benefit using the average three highest year's calculation. Effective July 1, 2010, all employees covered under this resolution were required to pay the employee's portion of retirement costs. The employee retirement contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code 414(h)(2). Page 2 Medical Insurance - The Town of Tiburon offers management employees and their dependents medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers management employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Life Insurance - The Town of Tiburon offers management employees a life insurance policy equal to one year's salary, not to exceed $95,000. Such insurance is mandatory for all full-time employees. If the mandatory amount is not exceeded, the Town of Tiburon offers management employees additional life insurance up to a combined total of no more than $95,000. Participation is optional. Disability Insurance - The Town of Tiburon offers management employees long term disability insurance. Such insurance is mandatory. Long Term Care - The Town of Tiburon offers management employees a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan to management employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - The Town of Tiburon offers management employees the ability to participate in its IRS Section 125 Plan. Participation is optional. SECTION 4. VACATION LEAVE In recognition of the fact that many top management personnel are recruited from outside the Town, that the average tenure for those management personnel is substantially more than that of non-management personnel, and that at least three years prior experience is required, the following vacation leave policy for management personnel shall be implemented: Management employees shall accumulate vacation leave in accordance with the following vacation time entitlement: Service Work Days 0-5 Years 15 Days 6-15 Years 20 Days 16+ Years 25 Days Page 3 Upon termination of a management employee's service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation of vacation leave is 40 workdays. SECTION 6. SICK LEAVE Management employees shall be entitled to accrue one working day of sick leave with pay for each month or major fraction thereof. Sick leave maybe accrued by management employees without a maximum limitation. SECTION 7. SICK LEAVE PAY OFF Management employees hired prior to July 1, 2001, or if their employment contract states differently, may receive cash equivalent compensation of 50% of their accrued sick leave, up to a total of 60 days, if the following conditions are met: a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. Effective July 1, 2011, the cash value of this benefit will be determined based on each employee's hourly rate and number of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days). This value will be documented and the value capped. This value cannot grow through additional accrued sick leave or though increases in pay. Employees with 15 years or more service with the Town may request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% of the eligible sick leave hours, they will not be entitled to any further sick leave cash-out upon retirement or separation of employment with the Town. Those hours cashed out will be deducted from the employees sick leave balance. If an employee is not eligible for, or elects not to take, the early cash-out option, they shall be paid the frozen dollar value upon separation of employment with the Town. The only way the frozen dollar amount can be lowered is if an employee has less accrued sick leave hours upon separation of employment than they do on July 1, 2011. For tax planning purposes, should an employee desire to take the early cash out option, they will be allowed to take this payment in either 2011 or in January 2012. For management employees hired after July 1, 2001, they may accrue unlimited sick leave with no option for "cashback" benefits. Page 4 SECTIONS. HOLIDAYS The Town agrees to provide management employees the following holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September December 27 Fourth Thursday in November Friday after Thanksgiving December 24 December 25 December 31 When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following Monday to observe the holiday. When a holiday falls on Sunday, the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday. For management employees who work an alternative work schedule and a holiday falls on his/her regular day off, he/she shall select either the preceding or following regular working day off. Effected employees shall provide the Town Manager with at least one week's notice as to which day they will observe as a holiday. SECTION 9. HOLIDAY CLOSURE All represented employees will be required to take a 1 day vacation or administrative leave furlough. The day furloughed will be December 28, 2012. Tiburon Town Hall will be closed from December 24, 2012 through January 1, 2013. Proposed Schedule: Monday, December 24, 2012 Tuesday, December 25, 2012 Wednesday, December 26, 2012 Thursday, December 27, 2012 Friday, December 28, 2012 Monday, January 2, 2012 Christmas Eve Holiday (-1) Christmas Day (-1) Veteran's Day Observed (-1) Furlough Day on Town (-1) Furlough Day on Town (-8,-9) New Years Eve Holiday Observed (-1) Page 5 SECTION 10. ADMINISTRATIVE LEAVE In recognition of the long hours required to perform at the management level, including attendance at numerous meetings outside normal working hours, the following Administrative Leave policy shall be implemented: Management employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. Administrative Leave shall be taken in one-hour increments. SECTION 11. DINNER ALLOWANCE All management employees who live more than 10 miles from Town and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed in an amount not to exceed $20.00 for the purchase of dinner for that night. This allowance applies to management employees who reside outside a ten-mile radium of the Town. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt, which shall include the amount, date, meeting or purpose, and the employee's name. SECTION 12. TERMINATION ALLOWANCE In order to foster job security within a professional climate, management employees will be entitled to severance pay when they are terminated from Town service. However; such employee must be in the employ of the Town for at least three (3) years, and such termination is not for cause or for reasons listed in Government Code Section 19572, the Town's Personnel Rules & Regulations, Section 6, or any employee who voluntarily resigns from Town Service for personal reasons. Unless otherwise noted in an Employment Agreement, Management employees shall be covered by the following termination allowance schedule: Service Work Weeks After: 3 years 1 month 7 years 2 months 10 years 3 months This severance pay is in addition to any accrued vacation leave, unused at the time of termination. SECTION 13. VEHICLE USAGE/ALLOWANCE Management employees, to a far greater extent than other Town employees, are required to travel throughout the Town, County, and Bay Area to fulfill their job requirements. This travel is frequently required outside of normal working hours. In recognition of this employment requirement, the Town shall provide either the use of a Town vehicle or an Page 6 automobile allowance, as provided in the Town budget. Use of a Town vehicle shall be in accordance with the Town's Administrative Policies and Procedures and is not intended for private use. SECTION 14. TUITION REIMBURSEMENT In order to promote continued development of skills, knowledge, and abilities among management employees, the Town of Tiburon shall reimbursement the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. This provision was suspended in Fiscal Year 2011-12. SECTION 15. PROFESSIONAL MEMBERSHIP FEES Most management personnel are expected to maintain membership in appropriate professional organizations. These memberships serve to acquaint the Town with current programs and procedures in these professional areas by means of publications and specific activities. The Town will include the cost of these membership fees in the respective departmental budgets. SECTION 16. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE For any Management employee hired prior to July 1, 2009, the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. C. The Town's contributions rate is based on the following formula: Percent of Kaiser Single Rate Years of Consecutive Service to Town 50% 75% 100% 15 Years 20 Years 25 Years Such coverage is not extended to employee's spouse or other dependents. NOW, THEREFORE, BE IT FURTHER RESOLVED that the provisions of this resolution shall supersede any other previous rules and resolutions of the Town of Tiburon which may be in conflict herewith. Page 7 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 8 RESOLUTION NO. 33-2011 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING RESOLUTION NO. 35-2010 AND ADOPTING AN AMENDED MID-MANAGEMENT, PROFESSIONAL, CONFIDENTIAL AND UNREPRESENTED EMPLOYEES RECOGNITION AND INCENTIVE COMPENSATION PROGRAM WHEREAS, in January 2002, the Town Council established and adopted a Mid- management Recognition and Incentive Compensation Program in order to attract and retain professional, competent and qualified employees to carry out the Town's public service mission, and WHEREAS, such a program enhances the professional growth, motivation, and loyalty of mid-management, professional and confidential employees and promotes a consistently higher level of service to the public, and WHEREAS, the Town Council has updated and amended the Mid-management Recognition and Incentive Compensation Program most recently in 2010 by the adoption of Resolution No. 35-2010; and WHEREAS, the Town of Tiburon mid-management, supervisory and confidential employees are defined to include the following positions: Assistant Planner Building Permit Technician Associate Planner Superintendent of Public Works Building Official Information Technology Coordinator Emergency Services Coordinator Police Secretary Police Captain Planning Manager Town Clerk Engineering Technician WHERAS, the Town of Tiburon Unrepresented employees are defined to include the following positions: Office Assistant III Building Inspector Planning Secretary Building Permit Clerk NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby repeal Resolution No. 35-2010 and all predecessor versions of the Mid- Management, Profession & Confidential Employees Recognition and Incentive Compensation Program and adopts the following amended Mid-Management, Profession & Confidential Employees Recognition and Incentive Compensation Program: Page I SECTION 1. SALARIES Effective July 1, 2011 salaries ranges for covered positions shall be: Assistant Planner Associate Planner Building Permit Technician Building Official Superintendent of Public Works Emergency Services Coordinator Engineering Technician Information Technology Coordinator Police Captain Police Secretary Planning Manager Town Clerk Office Assistant III Planning Secretary Building Inspector Building Permit Clerk SECTION 2. SALARY ADJUSTMENTS $4,443 - $ 51554 $4,937 - $ 61171 $4,318 - $ 5,398 $7,132 - $ 81,915 $7,017 - $ 8,772 $4,955 - $ 6,193 $5,042 - $ 6,302 $6,153 - $ 7,691 $81653 - $10,817 $400 - $ 51850 $5,924 - $ 7,405 $5,505 - $ 61882 $3,402 - $ 49253 $3,402 - $ 4,253 $51629 - $ 71036 $39755 - $ 45694 The Town Manager shall submit annually to the Town Council recommended salary ranges for mid-management, professional and confidential employees. These ranges will be based upon the Compensation Policy adopted by the Town Council. Movement through the salary ranges will be based upon merit following a comprehensive written performance evaluation by the employee's supervisor. Merit increases are suspended for fiscal year 2011-12. SECTION 3. BENEFITS AND INSURANCES Effective January 1, 2009, the Town shall contribute $1075 per month towards covered employee's fringe benefits. If the full sum specified is exceeded for group insurance of a given employee, then that employee shall pay the balance of the monthly cost via a payroll deduction from the first two payrolls of the month. If the full sum specified is not used for the group insurance cost of a given employee, then the employee shall have the option to have an amount not to exceed $400 per month deposited into one of the Town's Deferred Compensation Plans in the employee's name. Any employee who on December 31, 2008 receives more than $400 per month "accruing fringe" shall be capped at the higher amount. Should at any time such employee fall below the grandfathered cap, the new lower amount shall become their new cap and the employee shall not be able to return to the higher figure in the future. Page 2 Retirement - For Miscellaneous Members of the Public Employee's Retirement System, the Town of Tiburon shall provide management employees the PERS 2% @ 55 retirement benefits, with highest single year calculation and service credit for unused sick leave. For Local Safety Members of the Public Employee's Retirement System the Town shall provided management employees the PERS 3% @ 55 retirement benefit, average three highest year's calculation, and service credit for unused sick leave. Effective July 1, 2010, each employee shall contribute the required member contribution towards retirement. This employee retirement contribution shall be made on a pre-tax basis as allowed under Internal Revenue Code 414(h)(2). Medical Insurance - The Town of Tiburon offers its employees and their dependents medical/hospital insurance coverage. A qualified employee may choose from the plans offered through the Public Employees Retirement System Health Benefits Division for medical/hospital insurance coverage. Such insurance is mandatory for covered employees unless they can demonstrate compliance with other coverage. Dental Insurance - The Town of Tiburon offers qualified employees and their dependents a dental plan. Such insurance is mandatory for all qualified employees unless they can demonstrate compliance with other coverage. Life Insurance - The Town of Tiburon offers qualified employees a $25,000 life insurance policy. Such insurance is mandatory for all full-time employees. The Town of Tiburon offers qualified employees additional life insurance above the mandatory $25,000 policy, up to a combined total of no more than $95,000. Participation is optional. Disability Insurance - The Town of Tiburon offers qualified employees long term disability insurance. Such insurance is optional, except for the position of Captain. Long Term Care - The Town of Tiburon offers covered employee a long-term care policy. Participation is optional. Deferred Compensation Plan - The Town of Tiburon offers a deferred compensation plan to qualified employees. Such monies deposited would become tax-deferred and would be subject to income taxation in the year they are withdrawn from the deferred compensation plan. Participation is optional. IRS Section 125 Plan - The Town of Tiburon offers covered employees the ability to participate in its IRS Section 125 Plan. Participation is optional. Page 3 SECTION 4. VACATION LEAVE Mid-management, professional and confidential employees shall accumulate vacation time in accordance with the following vacation entitlement schedule: Service Work Days 0-5 Years 12 Days 6-10 Years 18 Days 1 l+ Years 20 Days Upon termination of a covered employee's service with the Town, such employee shall be paid a lump sum equivalent to his/her accrued vacation leave. Maximum accumulation of vacation leave is 35 workdays. SECTION 5. SICK LEAVE Mid-management, professional and confidential employees shall be entitled to accrue one working day of sick leave for each month or major fraction thereof. Sick leave may be accrued by qualified employees without a maximum limitation. SECTION 6. SICK LEAVE PAY OFF Mid-management, professional and confidential employees hired prior to July 1, 2001 may receive cash equivalent compensation of 50% of their accrued sick leave, up to a total of 60 days, if the following conditions are met: a. The employee files for a service retirement from the Town, or b. The employee voluntarily separates from the Town and has at least 15 years of service with the Town. Effective July 1, 2011, the cash value of this benefit will be determined based on each employee's hourly rate and number of eligible hours for cash-out purposes (50% of sick leave balance, up to 60 days). This value will be documented and the number of eligible hours and hourly rate capped at current values. This value cannot grow through additional accrued sick leave or though increases in pay. Employees with 15 years or more service with the Town may request a cash-out of 60% of the eligible hours (early cash-out option). Should an employee request the early cash-out of 60% of the eligible sick leave hours, they will not be entitled to any further sick leave cash-out upon retirement or separation of employment with the Town. Those hours cashed out will be deducted from the employees sick leave balance. If an employee is not eligible for, or elects not to take, the early cash-out option, they shall be paid the frozen dollar value upon separation of employment with the Town. The only way the frozen dollar amount can be lowered is if an employee has less accrued sick leave hours, or a lesser hourly rate, upon separation of employment than they do on July 1, 2011. For tax planning purposes, should an employee desire to take the early cash Page 4 out option, they will be allowed to take this payment in either 2011 or in January 2012. For employees hired after July 1, 2001, in the mid-management, professional or confidential positions, they may accrue unlimited sick leave with no option for "cashback" benefits. SECTION 7. HOLIDAYS The Town agrees to provide management employees the following holidays: New Year's Day Martin Luther King Day President's Day Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Day Christmas Eve Christmas Day New Year's Eve January 1 Third Monday in January Third Monday in February Last Monday in May July 4 First Monday in September December 26 Fourth Thursday in November Friday after Thanksgiving December 24 December 25 December 31 When a holiday falls on a Saturday, the preceding Friday shall be observed. However, if a holiday falls on a Saturday and the preceding Friday is also a holiday, the Town Manager may designate the preceding Thursday or following Monday to observe the holiday. When a holiday falls on Sunday, the following Monday shall be observed. However, when a holiday falls on a Sunday and the following Monday is also a holiday, the Town Manager may designate the preceding Friday or following Tuesday to observe the holiday SECTION 8. HOLIDAY CLOSURE All represented employees will be required to take a 2 days vacation or administrative leave furlough. The days furloughed will be December 28 and December 29. Tiburon Town Hall will be closed from December 23, 2011 through January 2, 2012. Proposed Schedule: Friday, December 23, 2011 Monday, December 26, 2011 Tuesday, December 27, 2011 Wednesday, December 28, 2011 Thursday, December 29, 2011 Friday, December 30, 2011 Monday, January 2, 2012 Christmas Eve Holiday Observed (+7, 8) Christmas Holiday Observed (-1) Veteran's Day Observed (-1) Employees contribute 1 day vacation (-8, 9) Employees contribute 1 day vacation (-8, 9) New Years Eve Observed (+1) New Years Eve Holiday Observed (-1) Page 5 SECTION 9. ADMINISTRATIVE LEAVE In recognition of the long hours required to perform at the mid-management and professional level, including- attendance at numerous meetings outside normal working hours, the following Administrative Leave policy shall be implemented. Each exempt mid-management, professional or confidential employee may receive up to ten days administrative leave annually, to be awarded at the discretion of the Town Manager. Administrative Leave shall be taken in one day increments. SECTION 10. DINNER ALLOWANCE All mid-management, professional and confidential employees who live more than 10 miles of Town and who are required to attend night meetings or work after office hours beyond 7:00 P.M. may be reimbursed in an amount not to exceed $20.00 for the purchase of dinner for that night. Employee reimbursement is subject to the approval of the Town Manager and must be accompanied by a restaurant receipt which shall include the amount, date, meeting or purpose, and the employee's name. SECTION 11. TUITION REIMBURSEMENT In order to promote continued development of skills, knowledge, and abilities among employees, the Town of Tiburon shall reimburse the costs of tuition, books and fees at the rate of the California State University system. Employees must receive prior approval of the Town Manager and submit certified transcripts with the evidence of a grade of "C" or better from an accredited college or university and submit bona fide receipts to qualify for tuition reimbursement. This provision shall be suspended for FY 2011-12. SECTION 12. RETIRED EMPLOYEE'S MEDICAL ALLOWANCE For employees covered by this Resolution, plus the positions of Building Inspector, Planning Secretary, Building Permits Clerk, Office Assistant III, and Account Clerk, and who are hired prior to July 1, 2009, the Town of Tiburon will make contributions toward a retired employee's medical insurance plan based upon the following conditions: a. Employee must retire directly from employment with the Town of Tiburon and apply to PERS for retirement benefits. b. The retiree's medical insurance allowance is fixed and capped at the Kaiser single rate that is in effect at the time of the employee's retirement. Page 6 C. The Town's contributions rate is based on the following formula: Percent of Kaiser Single Rate 50% 75% 100% Years of Consecutive Service to Town 15 Years 20 Years 25 Years Such coverage is not extended to employee's spouse or dependents. Employees hired after July 1, 2009, shall not be eligible for retiree medical allowance. SECTION 13. PERSONNEL RULES & REGULATION In the event any provisions of this Resolution contradict those included in the Town's Personnel Rules & Regulations, the terms of this Resolution shall prevail. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 6, 2011, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ATTEST: DIANE CRANE IACOPI, TOWN CLERK JEFF SLAVITZ, MAYOR TOWN OF TIBURON S.•lAdministrationlTovvn CouncillResolutions1201112011-12 Mid-Management Incentive Resolution; Resolution 33-2011.doc I Page 7 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 June 20, 2012 Agenda Item: Appointment of Councilmember to Joint Recreation Committee Z41i L At its June 6, 2012 regular meeting, the Town Council voted to approve an amendment to the Joint Powers Agreement Establishing the Belvedere-Tiburon Joint Recreation Committee that would expand the governance of the committee from seven to nine members. The Belvedere City Council met on Monday, June 11, and also approved the amendment. Currently, the committee is comprised of three appointed representatives from the City of Belvedere, three from the Town of Tiburon, and a representative from the Reed Union School District Board that is ratified by both Councils. In addition, a Councilmember from each city is appointed by their respective Council to act as a liaison to the Committee. Mayor Fraser is the current Council liaison to the Committee for the Town of Tiburon. The expanded membership will change the role of the elected officials from advisory to voting members. The Council directed staff to agendize the matter of the appointment to a subsequent meeting. RECOMMENDATION Staff recommends that the Town Council appoint one Councilmember to the Joint Recreation Committee, pursuant to the above amendment. Prepared By: Diane Crane Iacopi, Town Clerk 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 June 20, 2012 Agenda Item: Appointment to fill Vacancy on the Heritage & Arts Commission 1~ There have been several vacancies on the Heritage & Arts Commission since late last year. Commissioner Patricia Navone stepped down in November, and Commissioner Anne Thull notified the Town that she would not seek reappointment at the end of February 2012. This created two vacancies on the Commission. Mayor Fraser announced both the existing and pending vacancies at the first Council meeting in January, pursuant to Town policy, and the Town Clerk placed notices in the Ark and at Town Hall and the Library to solicit applicants. In April, the Council appointed Commissioner Daniel Amir to fill one of the vacancies. The Town has received a second application and will interview that candidate (Elizabeth Merrill) tonight. A third vacancy has recently occurred due to the resignation of Commissioner Jaleh Etemad. The Town Clerk has not yet advertised that vacancy. RECOMMENDATION Staff recommends that the Town Council consider snaking an appointment to fill the current vacancy on the Heritage & Arts Commission, and direct staff to advertise for the most recent vacancy. Exhibit: Application of Elizabeth M. Merrill Prepared By: Diane Crane Iacopi, Town Clerk D U 'U►° , 2012 TOWN CLERK TOWN OF TIBURON NAME: Elizabeth M. Merrill MAILING ADDRESS: 31 Lagoon Vista Road Tiburon, CA 94920 TELEPHONE: Home: 415 435 3658 Mobile: 415 272 8164 Fax: 415 789 9259 TIBURON RESIDENT: 30 Years DATE SUBMITTED: June 5, 2012 REASONS FOR SELECTING YOUR AREA OF INTEREST HERITAGE & ARTS COMMISSION It would be a privilege to serve the Town of Tiburon, in particular the Heritage and Arts Commission. A community with out respect or value for historical preservation and art is not fulfilling or honoring its civic obligation. APPLICABLE QUALIFICATIONS & EXPERIENCE Serving and supporting the visual and performing arts and appreciating a community's heritage have always been an important civic and cultural value. Among my current affiliations are: Fine Arts Museums of San Francisco, San Francisco Museum of Modern Art, San Francisco Opera, and the Belvedere-Tiburon Landmarks Society. My husband and I are also avid art collectors of modern art and sculpture and have supported the San Francisco Symphony and Ballet. Please see attached Curriculum Vitae for further information. D iU I N11 - 2012 TOWN CLERK TOWN OF TIBURON Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) # PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW # RECREATION =HERITAGE & ARTS # DISASTER PREPAREDNESS # LIBRARY # MARIN COMMISSION ON AGING BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: <Enter Here> MAILING ADDRESS: <Enter Here> TELEPHONE: Home: Here> Work:<# Here> Fax No. Here> PROPERTY OWNERS' ASSOC. (If applicable) <Enter Here> TIBURON RESIDENT: (Years) Here> DATE SUBMITTED: <Date Here> REASONS FOR SELECTING YOUR AREAS OF INTEREST <Enter Here> APPLICABLE QUALIFICATIONS AND EXPERIENCE <Enter Here> ----------------------------------------------Town Hall Use Date Application Received: & -~--t)- Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: (Date) Length of Term: 9 Elizabeth Martin Merrill 31 Lagoon Vista Road Tiburon, CA 94920 415-435-3658 Land 415-272-8164 Cell 415-789-9259 Fax elizabothmmorrill@yahoo.com Highlights from Curriculum Vitae 1976 - Present Serving the non-profit sector in fund development and event planning for medical research, education, human services, the arts, parks and recreation, historical preservation, and youth development. CURRENT AFFILIATIONS 2012 Marin General Hospital, Raccoon Branch Past President Active Member Women's Board of California Pacific Medical Foundation Past President Active Member Hospitality Chair Fine Arts Museum of San Francisco Belvedere-Tiburon Auxiliary Active Member San Francisco Opera Guild Past Vice President, Development Associate Director PAST AFFILIATIONS 1976-2011 MEDICAL RESEARCH Women's Board of California Pacific Medical Center Foundation Past President San Francisco Debutante Ball Chair Marin General Hospital Volunteer Board Governance Chair Raccoon Branch of Marin General Hospital Chair, annual fundraiser Publicity Chair Easter Seals of Northern California Au Marche with Jacques Pepin & Claudine Publicity Chair Cystic Fibrosis Foundation, No. California Chapter Founder, Breath of Life Auction Gala Susan G.Komen Breast Cancer Foundation Chair, Race for the Cure Children's Hospital of San Francisco President, Little Jim Club Chair, Mardi Gras Ball Director Broadcast Services for the Blind Anchor, Radio News THE ARTS San Francisco Opera Guild Vice-President, Development Chair, Closing Night Merola Opera Steering Committee, Auction Gala San Francisco Conservatory of Music Chair, 75th Anniversary Gala San Francisco Museum of Modern Art Director and Special Events Chair, Docent Council Ruth Langridge Dance Company Development Intern Chair, Auction Gala PARKS & RECREATION San Francisco Parks and Recreation Publicity Chair Garden & Landscape Show; Preview-Party Friends of Belvedere Park Chair, Fund Development and Major Restoration of Belvedere Playground EDUCATION The Branson School President, Parent's Association Trustee Chair, On-Line Auction Gala Mount Tamalpais School Chair, 20th Anniversary Gala Chair, Grandparents Tea Chair, Auction Gala Chair, Special Events Trustee Marin Horizon School Trustee Chair, Auction Gala Belvedere-Tiburon Library Founder, Story Time for Toddlers HUMAN SERVICES North Bay Children's Center, Family Law, Marin Advocates for Children Chair, Marin Valentine Ball HISTORICAL PRESESERVATION Landmarks Society Chair, Gardens Paradiso YOUTH DEVELOPMENT San Francisco Yacht Club Auxiliary Past President Entertainment Co-Chair California Mentor Foundation Steering Committee & Design Chair, San Francisco Benefit Premiere: "Star Wars Episode II, Attack of the Clones" SPECIAL RECOGNITION 2001 Mentor & Special Youth Advocate, Role Model San Francisco Youth Commission Honoree, Ambassadors Ball, Breath of Life Gala No. California Chapter, Cystic Fibrosis Foundation PROFESSIONAL Elizabeth Merrill Events Strategic Planning and Management of Corporate and Special Events Wedding Consultant Fragrance Specialist To: From: Subject: Reviewed By: SUMMARY TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting June 20, 2012 Agenda Item: #r Bay Trail Gap Closure Study: Recommendation to Receive and Accept Report The Town of Tiburon has conducted a study to close a gap in the Bay Trail. The Town's consultant has developed the study with input from Town, Marin County, and Association of Bay Area Government (ABAG) staff and comments from residents and other stakeholders in the study area. The study includes conceptual design options for eight segments of the study area. The POST Commission has recommended that the Town Council accept the study. BACKGROUND On February 14, 2011, ABAG awarded the Town an $85,000 grant to conduct a study to close a gap in the Bay Trail. The proposed study seeks to evaluate and develop engineering concepts for a Class 1, 2, or 3 facilities to enhance service of bicycle and pedestrian traffic along the Tiburon Boulevard/Greenwood Beach Road/Greenwood Cove Drive corridor from East Strawberry Drive to McKegney Green. This would be a planning study in nature, and is not a project approval for construction of any specific improvements. Alta Planning + Design was hired as a consultant to help the Town prepare this study. ABAG requires that the study be completed by June 30, 2012. At the November 15, 2011 POST Commission meeting the Town and its consultant conducted the first of three neighborhood meetings to be held at key intervals during the course of the study. These neighborhood meetings were intended to gather information and discuss project alternatives. At the first workshop, the Town received input from neighboring residents and the Commission about potential issues that need to be addressed by the study. After the first workshop, the consultant developed preliminary design concepts for the study. The design concepts reflected the discussions at the first workshop and constraints that were more thoroughly evaluated subsequent to the workshop. A second public workshop was held at the March 20, 2012 POST meeting. At that meeting, the Town's consultant presented the alternative routes and improvements. The Commission then adjourned the meeting to allow residents to review the presented materials in a more informal workshop setting. Several residents expressed concerns that they were not able to speak in front TOWN OF TIBURON PAGE 1 OF 7 of the Commission as a whole, but were informed that the third workshop, at the May POST meeting, would include opportunities for formal public testimony. i . Following the March workshop the Town's consultant further refined the study design concepts based on input from public, as well as from Town, County, and ABAG staff. Staff also solicited recommended options for each of the study segments from the consultant team and agency staff and compiled a consensus list of recommended options. The POST Commission held a third workshop on May 15, 2012. At that meeting, numerous residents in the study area expressed concerns about implementation of the study recommendations. In particular, residents along Greenwood Beach Road objected to additional improvements along their street and encouraged the construction of a separate path closer to Tiburon Boulevard to reduce bicycle and pedestrian traffic along Greenwood Beach Road. Residents of the unincorporated County areas along Harbor Cove Way and Greenwood Bay Drive also objected to any additional improvements in their area. The POST Commission discussed the study and the options for each segment recommended by staff and the consultant team. The Commission voted (5-0) to recommend that the Town Council accept the study and made specific recommendations for each segment (4-1), which are summarized below. The Council's final action at this time would be to accept the Bay Trail study. In the future, the Town Council would have the authority to fund and approve the construction of any improvements recommended by the study that are within the Tiburon town limits. The study itself is a planning study does not obligate the Town to fund or construct any improvements within the study. Any future improvements recommended by the study would be subject to CEQA review and discretionary permit approval. Although the POST Commission made specific recommendations about preferred options for each segment of the study, the Town Council is not obligated to make such recommendations in accepting the study. In the future, as funding becomes available, the Town Council may evaluate any and all options identified by the study in making a decision on a discretionary permit for construction of future improvements. For portions of the study area located within unincorporated areas, the Marin County Public Works Department would approve construction of any improvements, possibly after review by the Strawberry Design Review Board. The County has not made specific recommendations at this time regarding preferred segment options, but has provided input on technical modifications to sections of the study. ANALYSIS AND OPTION RECOMMENDATIONS The draft Bay Trail study (Exhibit 19) contains a series of potential evaluation criteria that could be used in selecting the preferred Bay Trail alignment in the study area. The criteria are spelled out in detail in the study, and include the following: TOWN OF TIBURON RAGE 2 OF 7 • Emergency access and response • Bikeway and community connections • User experience • Functionality/efficiency • Right-of-way availability/issues • Possible environmental issues • Adjacent property issues • Neighborhood compatibility • Cost • Potential for funding • Permitting requirements • Maintenance operation requirements As noted above, the Bay Trail study has been divided into eight segments, described in detail as follows: Segment 1: McKegney Field to Blackie's Pasture Parking Lot The Bay Trail route consists of a 16- to 29-foot wide travel way that is used by pedestrians and bicyclists. The wide travel way also enables vehicles access to the Richardson Bay Sanitary District wastewater treatment plant. Blackie's Pasture's public restrooms are located along this segment. Option A would install enhanced wayfinding signage and markings designating the northern portion of the trail for westbound pedestrians and bicyclists and the southern portion for eastbound pedestrians and cyclists. Option B would install enhanced wayfinding signage and markings designating the northern portion of the trail as a two-way bikeway and the southern portion as a two-way pedestrian path. Recommendation: The POST Commission recommended Option A, as the pavement markings for Option B would be unlikely to keep all pedestrians and bicyclists from straying into the inappropriate lanes and the transitions to shared facilities on either end of Segment 1 would be difficult. Segment 2: Blackie's Pasture/Greenwood Beach Road connection Blackie's Pasture is served by an access road with on-street parking and two parking lots. The Bay Trail route runs along this access road, south of the southern parking lot, and is used by pedestrians, bicyclists, motorists, as well as Town and Sanitary District service vehicles. An unpaved pedestrian path exists on the south side of Blackie's Grove. Option A would improve the pedestrian and bicycle path along the access road south of the parking lot. The gravel shoulder that currently serves as on-street parking would be paved and converted into a 10-foot wide multi-purpose path with a 4-foot wide striped buffer or raised island between the path and access road. Four or five parking spaces would be eliminated by this option. TOWN OF TIBURON PAGE 3 OF 7 Option B would be similar to Option A, but would barrow the roadway to allow paved on-street parking outside the striped buffer or raised island, maintaining the existing number of parking spaces. An existing fence would be moved approximately 4 feet to the south to accommodate the multi-purpose path and parking spaces. Option C would route the Bay Trail to the south of the Blackie's Pasture parking lot by creating a new 10-foot wide multi-purpose path around Blackie's Grove. Recommendation: The POST Commission recommended Option B, which would provide a more logical, defined connection for pedestrians and bicyclists that minimizes vehicular traffic conflicts and preserves parking spaces. Segment 3: Greenwood Beach Road from eastern terminus to Town/County boundary Greenwood Beach Road is a collector street that connects to the bicycle/pedestrian/emergency access point to the east and transitions to Greenwood Cove Drive at the Town/County boundary to the west. Option A would widen the existing travel way to 20 feet and create a 6-foot wide striped pedestrian path by constructing 1,600 feet of retaining walls, 6 inches to 10.1 feet in height, along the northern side of Greenwood Beach Road. The path would be at the same level as the roadway. Shared lane use arrows (known as "sharrows") would be painted on the roadway. Parking would not be allowed along some areas on the north side of the roadway. Option B would be similar to Option A, except that the pedestrian path would be raised above the level of the roadway, reducing the retaining walls to 1,200 feet in length and a maximum height of 9.7 feet. Parking would not be allowed along some areas on the north side of the roadway. Option C would maintain or slightly narrow the existing travel way width and add a 6-foot wide raised pedestrian path to the north of the roadway. Approximately 1,000 feet of retaining walls would be installed, with heights ranging from 6 inches to 6 feet. Sharrows would be painted on the roadway. Parking would not be allowed along some areas on the north side of the roadway. Recommendation: The POST Commission recommended Option C, as the grade separation for the pedestrian path would create a more defined space for pedestrians that currently use the roadway, while minimizing the need for retaining walls to create these improvements. Segment 4: Greenwood Cove Drive from Town/County boundary to Tiburon Boulevard Greenwood Cove Drive is a collector road that extends from Greenwood Beach Road at the Town/County boundary eastward to its tenninus at Tiburon Boulevard. Option A would install painted sharrows along the existing travel way. TOWN OF TiBURON PAGE 4 OF 7 Option B would install a 6-foot wide pedestrian path on the north side of Greenwood Cove Drive, south of Tiburon Boulevard. Sharrows would be painted on the Greenwood Cove Drive travel way. Option C would eliminate parking on the north side of Greenwood Cove Drive and convert the remaining travel way into two 11-foot wide vehicle lanes and two 5-foot wide bicycle lanes, one in each direction. Option D would be identical to Option C, but would also incorporate the pedestrian path described in Option B. In addition to these options, the study has indentified a potential for a gateway treatment at the Town/County boundary at the beginning of Greenwood Beach Road. A treatment that potentially incorporates pillars, signage, medians, textured paving, striping, etc., would serve to identify the entry to the Greenwood Beach Road neighborhood and serve to slow down vehicular and bicycle traffic into the area. Recommendation: The POST Commission recommended Option D, which would better accommodate the volume of bicycle traffic along Greenwood Cove Drive and provide a better pedestrian connection to Greenwood Beach Road. Staff also recommends that the potential for a gateway treatment at the Town/County boundary be further explored with participation from Greenwood Beach Road residents, Greenwood Cove Drive property owners and the Richardson Bay Audubon Society. Segment 5: Tiburon Boulevard from Greenwood Cove Drive to East Strawberry Drive Tiburon Boulevard between the intersections with Blackfield Drive/Greenwood Cove Drive and East Strawberry Drive/Bay Vista Drive is a divided, four-lane major arterial road with wide shoulders on both the northern and southern sides. Option A would create a new 8-foot wide sidewalk to the south of the shoulder on the southern side of Tiburon Boulevard. A single-span bridge would be installed over the slough midway between East Strawberry Drive and Greenwood Cove Drive, and 740 feet of retaining walls would be installed, ranging in height from 6 inches to 6.8 feet. Option B would create a new 12-foot wide Class I multi-use path to the south of the shoulder on the southern side of Tiburon Boulevard. The path would be either at the same grade or slightly below the travel way of Tiburon Boulevard. This option would also require the installation or the same bridge described in Option A, as well as the construction of 740 feet of retaining walls, ranging in height from 6 inches to 10.7 feet. Recommendation: The POST Commission recommended O tion B, which would more safely separate pedestrians and bicyclists from Tiburon Boulevard traffic, with the preferred alignment below the Tiburon Boulevard travel way, as appropriate. TOWN OF TiBURON PAGE 5 OF 7 Segment 6: San Francisco Bay Trail from intersection of Greenwood Bay Drive and Greenwood Cove Drive to Harbor Cove Way A 5- to 6-foot wide asphalt path, designated as part of the Bay Trail, connects Greenwood Cove Drive to a foot bridge to the south. West of the foot bridge, a 4-foot wide path connects to Harbor Cove Way. Option A would reconstruct the existing pathway and add wayfinding signage and markings, but not otherwise alter or expand the existing pathway. Recommendation: The POST Commission recommended that this segment be designated for pedestrians only, with no improvements for bicycle traffic. Segment 7: Harbor Cove Way Harbor Cove Way is a two-way residential street that is currently designated as part of the Bay Trail. The western end of the street as it approaches East Strawberry Drive is very steep. Option A would add wayfinding signage and markings, possibly including sharrows, to the roadway, but would not otherwise alter or expand the existing roadway. Recommendation: The POST Commission recommended that this segment be designated for pedestrians only, with no improvements for bicycle traffic. The recommendations for Segments 6 & 7 would require that the bicycle route in this area be modified to connect directly from East Strawberry Drive to Tiburon Boulevard, connecting to Segment 5. The consultant has prepared a preliminary analysis of the constraints for this connection, and ABAG has authorized an augmentation to the Bay Trail study to further analyze this new segment, which will be conducted after the initial study has been completed. Segment 8: Tiburon Boulevard from Blackie's Pasture Road to Greenwood Cove Drive Tiburon Boulevard between the intersection of Blackfield Drive/Greenwood Cove Drive and Blackie's Pasture Road is a divided, four-lane major arterial road with wide shoulders on both the northern and southern sides. Option A would establish a new 12-foot wide Class I multi-use path to the south of the southern shoulder of Tiburon Boulevard. The path would be either be separated by a barrier from the roadway and shoulder or would be grade separated below the elevation of the roadway. Approximately 1,200 feet of retaining walls ranging in height from 6 inches to 5.8 feet would be required along the length of the at-grade path, while 1,700 feet of retaining walls ranging in height from 6 inches to 5.1 feet would be required along the length of the below grade path. Up to 75 trees and shrubs, including many non-native plants, would need to be removed. Option B would be identical to Option A, but would veer to the south at the Town/County boundary and route the western portion of the path along the northern side Greenwood Cove Drive. Up to 65 trees and shrubs, including many non-native plants, would need to be removed. TOWN OF TIBURON PAGE 6 OF 7 Recommendation: The POST Commission recommended that either Option A or Option B be strongly considered by the Town as a means of addressing the concerns of residents on Greenwood Beach Road by diverting some of the bicycle traffic away from that street. In particular, the Commission hoped that avid cyclists and those renting bicycles and riding from San Francisco would be more likely-to use the new path. RECOMMENDATION Staff recommends that the Town Council take testimony and accept the Bay Trail Gap Closure study. EXHIBITS 1. Minutes of the November 15, 2011 POST Commission meeting 2. Minutes of the March 20, 2012 POST Commission meeting 3. Minutes of the May 15, 2012 POST Commission meeting 4. Letter from Patricia Leonard, dated November 9, 2011 5. Letter from Ann Mizel, dated November 10, 2011 6. Letters from Jill and Craig Dorsey, dated November 10, 2011 and May 9, 2012 7. Letter from Leslie Solmes and David Grunau, dated November 11, 2011 8. Letter from Brooke Langston, dated November 11, 2011 9. Letters from Lloyd and Jane Wiborg, dated November 12, 2011 and March 31, 2012 10. Letter from Abol and Shadeh Hosseinioun, dated November 13, 2011 11. Letter from Isis Spiniola-Schwartz, dated November 13, 2011 12. Letter from Art and Drue Gensler, dated November 15, 2011 13. Letter from Ron and Sydney Bushman, dated December 2, 2011 14. Letter from Philip and Barbara Richardson, dated April 22, 2012 15. Letter from Brenda Foster, dated May 14, 2012 16. Letter from Lee Hwang, dated May 14, 2012 17. Letter from Robert Placak, dated May 15, 2012 18. Letter from Nicky Hall, dated June 4, 2012 je; w. 19. Draft Bay Trail Study Prepared By: Daniel M. Watrous, Planning Manager S: IAdministrationl Town CouncillStaffReports120121 UNE20 draftslBav Trail study report.doc TOWN OF TIBURON PAGE 7 OF 7 BUSINESS ITEMS 1. Bay Trail Gap Closure Study - Public Workshop: • Planning Manager Watrous gave the staff briefing and introduced the consultant team led by Dave Parisi. • Mr. Parisi presented the scope of work and project schedule. • All work must be completed by June 2012. • Public testimony was then taken. Approximately 6 members of the public made comments. • A number of Greenwood Beach Road residents expressed concern about any improvements that would increase bicycle traffic on their street and indicated safety problems at various locations along the street. Mr. Parisi, Chair Winkler and staff indicated that the intent of the study was to make things safer for everyone, not to promote increased usage. • Several Commissioners asked that signage be addressed in the study, including both wayfinding and safety signage. • Future public workshop will be conducted and scheduled once the consultant has prepared preliminary options to be reviewed. ADJOURNMENT There being no further business, the meeting was adjourned at approximately 7:15 P.M. PETER WINKLER, CHAIR Parks, Open Space & Trails Commission ATTEST: NICHOLAS NGUYEN, SECRETARY Tiburon Parks, Open Space & Trails Commission November 15, 2011 Page 2 11AHIBIT NO, BUSINESS ITEMS 1. Bay Trail Gap Closure Study - Update and Public Workshop: • Planning Manager Watrous gave the staff briefing and introduced the consultant team led by Dave Parisi. • Mr. Parisi presented the scope of work and project schedule. He presented the draft design concepts for 8 different segments covered by the study. • Mr. Watrous explained the process for the workshop, stating that the meeting would be adjourned to allow for a more informal workshop where the consultants and staff could answer questions and take comments from the public. He stated that public testimony would be taken at the final POST meeting on the study, which is tentatively scheduled for May 15. ADJOURNMENT There being no further business, the meeting was adjourned to hold the workshop at approximately 6:50 P.M. PETER WINKLER, CHAIR Parks, Open Space & Trails Commission ATTEST: NICHOLAS NGUYEN, SECRETARY Tiburon Parks, Open Space & Trails Commission March 20, 2012 Approved Minutes T Page 2 vo. Z BUSINESS ITEMS 1. Introduction of Amendments to POST By-Laws. • This item was continued to a future meeting date without discussion. 2. Bay Trail Gap Closure Study - Update and Public Workshop: • Planning Manager Watrous gave the staff briefing and introduced the consultant team led by Dave Parisi. • Mr. Parisi presented the scope of work and project schedule. He presented the draft design concepts for 8 different segments covered by the study. • Mr. Watrous explained the process for the workshop, stating that the intent of the meeting was for the Commission to take and consider public testimony, deliberate on recommended study options, and recommend acceptance of the Bay Trail Study to the Town Council The following residents spoke about the study: • Bruce Abbott was opposed to the path along Greenwood Beach Road, stating that this would be a gross waste of public resources and encouraging finding another way to accommodate bicycle needs. • Harry Heath felt that the improvements proposed for Segment 3 would harm Greenwood Beach Road to satisfy cyclists from out of town and encouraged the improvements for Segment 8. • Jeff Wong, a member of the Strawberry Design Review Board, appreciated the work done on the study, particularly along Segment 5, but thought that more improvements could be done along Segments 6 & 7. • Art Gensler described safety concerns along Harbor Cove Way and though it was irresponsible to encourage cyclists in that area. • Phil Richardson discouraged more traffic along Greenwood Beach Road and supported the improvements on Segment 8. • Cecille Muller opposed the improvements on Greenwood Beach Road and supported the improvements on Segment 8. • Leslie Somes raised concerns about cyclist safety on Harbor Cove Way and supported the improvements on Segment 5. • Pam Snellgrove described the slope and safety concerns on Greenwood Beach Road and supported the sentiments raised in Mr. Wong's letter and the improvements on Segment 8. • Lloyd Wiborg described dangerous conditions on Harbor Cove Way and supported the improvements on Segments 5 & 8. • Jake Steinman said that portions of Greenwood Beach Road are too narrow for additional improvements and supported the improvements on Segment 8. Tiburon Parks, Open Space & Trails Commission May 15, 2012 DRAFT Minutes Page 2 EXHIBIT NO. v3 • Nancy Peterson found the study to be very' helpful, felt that Segment 4 would be a huge improvement, supported Segment 8, but felt that it would not move everyone off Greenwood Beach Road. • Ginny Savage agreed with her neighbors about the conditions on Greenwood Beach Road and thought that the improvements on Segment 8 were feasible. • Sylvia Wilkerson thought that the improvements on Segment 8 would help route rental bikes off Greenwood Beach Road and that funds would be better spent on that segment than on Greenwood Beach Road. • Alisha Oloughlin, Marin County Bicycle Coalition, stated that bicycle use is continually increasing, felt that a small percentage of cyclists would use Segment 8, and recommended possibly phasing in improvements over time as a way of helping serve all stakeholders. • Maureen Gaffney, Association of Bay Area Governments and the San Francisco Bay Trail Project, described the Bay Trail and its goal to provide Class I trails as close to shorelines as possible, adding that the Town's Multi-use Path is the gold standard for such trails. Chair Winkler closed the public comment period. The Commissioners made the following comments: • Commissioner McMullen supported acceptance of the study and agreed with the staff recommendations about options for each segment. He agreed that Segment 7 was steep and impractical for cyclists and thought that Segment 5 was critical. He believed that local cyclists would not use Segment 8, but those from out of town might. He thought that the improvements on Segment 3 might get some people off the roadway and that doing nothing was not the right thing to do. • Commissioner McDermott agreed with Commissioner McMullen. He said that most of the roads in the study were public roads with public access and that bicyclists would still come. He said that the improvements would improve safety. He said that the study was excellent and agreed with most of the staff recommendations for segment options. He thought that Harbor Cove Way was inappropriate for the Bay Trail and suggested connecting Segment 5 to the trail via Strawberry Drive. • Commissioner Feldman agreed with recommending acceptance of the study, but felt that Segment 8 seemed safe and doable and that Segments 5-7 were inappropriate for bicycles. He could not see spending money on Segment 3 and rather spend funds on Segment 8. He stated that bicycle safety is a priority. • Commissioner Allen described safety and hazard concerns when riding along Tiburon Boulevard and agreed with most of the staff recommendations for segment options. He said that he understood the concerns of the residents, adding that Segment 5 would greatly help Strawberry residents. He was unsure why Harbor Cove Way was part of the Bay Trail. He said that he wanted to attract more cyclists to Tiburon as a help to the economy and community as a whole. • Chair Winkler acknowledged that bike speeds and attitudes are an ongoing problem. He saw quite a few children walking to school along Greenwood Beach Road and thought that they would benefit from the improvements on Segment 3. He liked the idea of Segment 8 and said that funds are available from different sources. He agreed with most of the staff Tiburon Parks, Open Space & Trails Commission May I5, 2012 DRAFT Minutes Page 3 EXHIBIT No. 3 recommendations for segment options and said that the study gives the Town a road map at looking at improvements. He said that Segment 5 would solve the problem of the Strawberry Narrows but thought that Segments 6 & 7 were not suitable for cyclists and suggested splitting off the bay Trail to connect with Segment 5. Commissioner Feldman made a motion, seconded by Commissioner McMullen, to recommend acceptance of the Bay Trail study to the Town Council. Approved 5-0. Commissioner McMullen made a motion, seconded by Commissioner McDermott, to pass on to the Town Council its support of the staff recommendations for segment options, with the exceptions that Segments 6 & 7 be designated for pedestrians only and that Segment 8 should be considered. Approved 4-1 (Commissioner Feldman opposed) ADJOURNMENT There being no further business, the meeting was adjourned at 8:10 P.M. PETER WINKLER, CHAIR Parks, Open Space & Trails Commission ATTEST: NICHOLAS NGUYEN, SECRETARY Tiburon Parks, Open Space & Trails Commission May 15, 2012 DRAFT Minutes Page 4 EXHIBIT NO. 3 Dan Watrous From: Patricia Leonard [patleonard94920ga comcast. net] Sent: Wednesday, November 09, 2011 3:01 PM To: Dan Watrous Subject: Study of pedestrian and bicycle traffic on Greenwood Cove Drive Dear Mr. Watrous: Thank you for returning my telephone call. As I explained to you, I did not receive the flyer regarding the hearing on November 15. Unfortunately, I will not be able to attend that meeting and am sending you my observations and comments, per your suggestion. Several of my neighbors and I have great reservations about any kind of enhancement of Greenwood Cove Drive which will encourage additional pedestrian and bike traffic along our already crowed street. At the current time, traffic on our two lane street is beyond overcrowded with cars that do not adhere to the posted speed limit, parked cars for both the overflow traffic on the weekends for the church at the corner of Tiburon Blvd. and Greenwood Cove Dr., traffic entering and exiting the 76 gasoline station on the opposite corner, and cars parked by people who unload their bikes for the trip down to Blackie's Pasture and the bike path, and occasionally a guest of one of the homeowners of our condominium complex. Additionally, bike traffic is out of control, especially on weekends. Children returning from school ride their bikes at any which way they please. At all times of day and night walkers and bikers use the street to access the Tiburon bike path, many without a care to the noise they make. We, whose condominiums are on this part of Greenwood Cove Drive, have our bedrooms on the street side of our buildings. We have problems getting into and out of our garages. To add to the mix, the gas station receives deliveries of gasoline at all times of the night, perhaps during the day as well, to say nothing of Coca Cola trucks, etc. For some time dumpsters have been deposited in the early morning hours right across the street from my bedroom, and them spirited away by some other truck. Add to this all the traffic associated with the Cove Apartments and Greenwood Beach Road, and things are already out of hand. Then we have the garbage trucks and the recycle trucks, and all the commercial vehicles that use this dead-end street, the bird sanctuary, as well as the church further down the street, and I doubt the street was ever intended for this much traffic. My husband and I purchased our property in 1976 and traffic, automobile, commercial vehicle, pedestrian, and bicycle, has grown exponentially, Please take my comments into consideration in your study. As a post script, I back my car into my garage so that I can see oncoming traffic as I leave. I am right after the curve and cars far exceed the speed limit. Last Monday, the day after we returned to Standard Time, I arrived home at 5:30 p.m. and it was pitch black on Greenwood Cove Drive As I prepared to back into my driveway, I noted oncoming cars and, of course, waited for them to pass before proceeding. I just happened to see two bike riders in full bike gear flying toward me. I was in the parking lane and rolled down my window and called out that they should have lights on their bikes - I noted a small reflector on one person's head gear. His reaction to me was to give me the finger and yell f--- it! Real gentlemen and bike riders going far too fast on a road with cars at night. Thank you for your consideration. Patricia Leonard 6 Greenwood Cove Drive, Apt. c Tiburon, CA 94920 EXHIBIT NO. 14 Page 1 of 1 Dan Watrous From: Ann Mizel [a. mizel@comcast. net] Sent: Thursday, November 10, 2011 11:37 AM To: Dan Watrous Subject: Greenwood Cove Drive Please count me among those opposed to any increased bike or auto traffic on this road. I am tired of speeding cars and almost getting hit by bikers racing around onto Greenwood Cove Drive from Tiburon Blvd. This area is an accident waiting to happen! Sincerely, Ann G. Mizel, on behalf of my mother, Dorothy Berelson, 6-A Greenwood Cove Dr. EXHIBIT NO. 15 6/6/2012 Page 1 of 1 Dan Watrous From: Jill Dorsey Dillmdorsey@yahoo.comj Sent: Thursday, November 10, 2011 4:01 PM To: Dan Watrous Cc: Craig Dorsey Subject: Bay trail We are unable to attend the meeting on 15th Nov re the bike path. Our house in Marin (26 Harbor Cove Way) is located off of East Strawberry Dr. and runs behind the Strawberry Pt Grade School to Greenwood Cove condos. It is a narrow steep street and most of it is privately owned.- Consequently, the residents pay for street paving and maintenance. If you inspect this street you will be able to see that it unsuitable to be included in the proposed bay bike path. The bike rental co. in S.F., Blazing Saddles, does have us on their map which they hand out to bikers. It has become quite hazardous, for those of us living on this cul de sac, to back out of our driveways as bicylists hurtle down the hill out of control. If they would have to stop in a hurry there would be a nasty accident. As this is a private street would we the resident be libel for this? We would prefer less bike traffic rather than more. Thank you for your consideration. Jill Dorsey EXHIBIT NO.-4?- T, I oP 2-- 6/6/2012 Page 1 of 1 Dan Watrous From: Jill Dorsey Oillmdorsey@yahoo.com] Sent: Wednesday, May 09, 2012 9:37 AM To: Dan Watrous Subject: Bay Trail Dan, We want once again to voice our objections to Harbor Cove Way being a designated part of the Bay Trail. As has been mentioned in previous e-mails, our street is very narrow and steep and totally unsuitable for a large volume of bike traffic. We ask that you please by pass Harbor Cove Way in your plans. Thank you. Jill & Craig Dorsey 26 Harbor Cove Way EXHIBIT NO._&! R 2 vFZ- 6/6/2012 Page 1 of 1 Dan Watrous From: Leslie Solmes [leslie@solmesgrunau.com] Sent: Friday, November 11, 2011 10:12 AM To: Dan Watrous Cc: Jill Dorsey Subject: Bike Path Please be advised that my husband, David Grunau, and I, Leslie Solmes, are highly enthusiastic about the bike path but fully agree with the comments below sent by Jill Dorsey. Her question regarding liability is a very good one. David and I would like to receive your answer. David and I will be out of the country on the date of your meeting. Please advise us my email of the outcome and keep us updated on your progress. Thank you for your help. Sincerely, Leslie Solmes and David Grunau 30 Harbor Cove Way Mill Valley, CA 94941 EXHIBIT NO.-7- Page 1 of 1 Dan Watrous From: Langston, Brooke [BLANGSTON@audubon.org] Sent: Friday, November 11, 2011 8:19 AM To: Dan Watrous Cc: Peggy Curran; Wilcox, Kerry; Borgmann,Kathi Subject: Bike path Good morning Dan, Although we are unable to attend the public meeting next week, Richardson Bay Audubon Center is in favor of an improved bike path along Greenwood Beach and Greenwood Cove Rds. We hope it will improve safety for cars, bikes and pedestrians along this corridor. Please keep us abreast of plans, and we hope to attend a future meeting, or provide comment in other ways. Thank you, Brooke Brooke Langston Director Richardson Bay Audubon Center & Sanctuary Tiburon, California 415 388 2524 x 109 blangston _audubon.org Connect with the Center on Facebook. EXHIBIT NO. 6/6/2012 Page 1 of 1 Dan Watrous From: Lloyd Wiborg [wiborgs@pacbell.net] Sent: Saturday, November 12, 2011 10:49 AM To: Dan Watrous Cc: jillmdorsey@yahoo.com Subject: Bay Bike Path We'd like to go on written record as opposing the Bay Bike Path being routed onto Harbor Cove Way, which is a steep, narrow, mostly privately owned, one block long, dead-end street off E. Strawberry Drive along the southeast border of the Strawberry Point School and adjoining MMWD lands. There has already been a bad accident when a speeding biker could not avoid an auto backing out of a driveway - he collided with the car, flew off his bike, hit the car and then the pavement, and suffered considerable injury. Fortunately, he had a helmet on, or he probably would have been killed. More bike traffic will only increase the number of injury accidents on this street, a risk no one should encourage or tolerate. There are several much safer options to route cyclers around Harbor Cove Way and onto the adjoining and well established Tiburon Bike Path - please use them! Lloyd & Jane Wiborg 70 Harbor Cove Way EXHIBIT NO. C1 (C)Fz 6/6/2012 Page 1 of 1 Dan Watrous From: Lloyd Wiborg [wiborgs@pacbell.net] Sent: Saturday, March 31, 2012 10:46 AM To: clando@co.marin.ca.us; Dan Watrous Cc: Abolfath Hosseinioun; Craig Dorsey; Ron and Sydney Bushman; sydney Bushman; drue Gensler; lbellows@pacbell.net Subject: Tiburon Bay Trail Gap Study Presentation on Mar. 20 Dear Ms. Lando & Mr. Watrous, We are 26-year residents of Strawberry, at 70 Harbor Cove Way. I attended the presentation on March 20. Thank you for inviting us. It was clever of you to deny open and public discussion (and recordation) at the meeting, instead opting to adjourn the meeting 'to allow the public to view the exhibits and question various city and county representatives individually'. It was apparent that most of the residents in attendance from both Strawberry and Tiburon were not in favor of the "improvements" presented, so a public discussion and record would have been unfavorable to the goals of the study. We look forward to, and hope to be able to attend further meetings where you will allow public discussion. Harbor Cove Way is too steep, too narrow, too dangerous to encourage increased use by walkers, joggers and cyclists. There are many small school children being dropped off and picked up daily, suddenly emerging onto the road from narrow openings in a variety of landscaping which blocks views for cyclists and drivers. And residents and their guests back out of blind driveways, right into the path of out-of-control cyclists speeding down the hill at (literally) breakneck speeds. There is also the issue of non-County maintenance, as most of Harbor Cove Way is private - only part of the downhill portion has been dedicated and accepted by the County. The best resolution (if you are determined to "improve" access for walkers and cyclists), is to complete the optional part of the study along Tiburon Blvd. all the way from Strawberry Drive to Blackie's Pasture. We recognize that Tiburon Blvd. is a busy roadway, but there's ample room to put a safe pathway along the south side, and that stretch would be much safer than some of the existing Bay Trail currently in use in Sausalito and other parts of the County. We strongly urge you to eliminate any plans for signage or changes that would encourage use of Harbor Cove Way by walkers, joggers and cyclists, and trust that you will make this message a part of the record. Sincerely yours, Lloyd & lane Wiborg 70 Harbor Cove Way Mill Valley, CA., 94941-2510 EXHIBIT NO. 2 v1-2 , 6/6/2012 November 13, 2011 Dear Mr. Dan Watrous, We are residents of 32 Harbor Cove Way, Mill Valley, the street on which you are proposing to put a bike path. Harbor Cove Way is a very steep, narrow, small cul-de-sac that is already overwhelmed by a number of bikers daily. The drop starts at the very top of Harbor Cove Way, off of E. Strawberry, which naturally induces bikers to ride their bikes at breakneck speed down the hill without applying brakes or exercising caution. Our house is at the very end of the incline and on many occasions when we back out of our garage, one moment no bikers are to be seen, yet in a matter of seconds, one or more bikers are bound to materialize in a blur behind our car, as they so often do, narrowly escaping collision. We have also witnessed how on several occasions the bikers (some of them children) lose control, with terrible results. Again, considering the street's situation on a steep slope and the condition of the privately maintained asphalt, etc., we respectfully submit that Harbor Cove Way is NOT a place to invite more bikers; it would irresponsible and hazardous to do so. While we can see how tempting it might be for Bay Trail to look for a shortcut to Blackie's Pasture, the number-one priority should be the safety of the bikers and the community living and walking on this street. As such, we encourage your organization to focus on a safer and more practical route in order to avoid potential liabilities. Please let this message go on official record, in the event that we are unable to personally attend the meeting on the 15th of November. Also kindly keep us up to date with the latest developments via this e-mail address. Thank you very much for your care and consideration. Abol & Shahdeh Hosseinioun Residents, 32 Harbor Cove Way Mill Valley CA 94941 EXHIBIT NO. 10 Page 1 of 1 Dan Watrous From: Isis Spinola-Schwartz [isis@sustainable-plans.com] Sent: Sunday, November 13, 2011 3:30 PM To: Dan Watrous Subject: REGARDING A BIKE PATH ON-Harbor Cove Way Dear Dan, It has come to my attention that some of the residents of Harbor Cove Way don't want a bike path on the road. My response, as a resident of Strawberry Drive as it intersects Harbor Cove Way: 1. -Residents whose garage are located too close to street: the garage was granted with a special permit. There shouldn't have been a garage door so close to the street edge. They need to pay attention when exiting from the garage. 2. A bike path on this road is better than directing tourists to Tiburon Blvd. I often tell people to go down Harbor Cove Way rather than going to Tiburon Blvd, especially when there are children 3. Place a "steep hillside" sign warning bikers to slow down, this would hopefully prevent collisions or wipe outs (please note these happen anyway regardless of whether the street is steep or not) It seems only logical to have a bike path on this road as it would provide continuity to the bike path people take from the city to Tiburon. If you have a public hearing and notify the residents ahead of time I will attend and speak in favor of this measure. Thank you, Isis Sustainable Plans International Isis Spinola-Schwartz, MBA SE Associate AIA; RLA 3998 145 Stonegate Road Portola Valley, CA 94028 (415)299-9231 mob isis@sustainable-plans.com www.sustainableplansinternational.com EXHIBIT NO. 6/6/2012 Dan Watrous From: Drue Gensler [drue_gensler@gensler.com] Sent: Tuesday, November 15, 2011 11:51 AM To: Dan Watrous Subject: FW: Bay Bike Path Dear Dan, Art and I would like to go on record opposing the Bay Bike Path being routed on to Harbor Cove Way. The road is dangerous to pedestrians, cyclist and motorist. Living on the street where it is private, we are concern about the homeowner's liability if there was an accident. We would appreciate your consideration and corporation in this matter. Please keep us posted on the ongoing discussions. Best Regards, Art and Drue Gensler 50 Harbor Cove Way Mill Valley, CA 94941 EXHIBIT NO. I Z Dan Watrous From: Sydney Bushman [sydneybushman@a gmail.com] Sent: Friday, December 02, 2011 9:44 PM To: Dan Watrous Subject: Tiburon Bay Trail Mr Watrous; We are residents of Harbor Cove Way and have lived here for 29 years. Harbor Cove way is not a suitable street to increase bike traffic on for several reasons. It is very steep and bikes tend to speed down from the top of the hill. Many times either cars are backing out of their driveways or people are walking their dogs, both being a danger to speeding bikes. There have already been several accidents on this street involving bicycles. It does not make sense to increase the possibility of more accidents. We hope you will take this into consideration. Thank you, Ron & Sydney Bushman EXHIBIT N0. `S_ Page 1 of 1 Dan Watrous From: Phil Richardson [padr@comcast.net] Sent: Sunday, April 22, 2012 5:16 PM To: Nicholas Nguyen; Dan Watrous Cc: Philip Richardson; Barbara C. Richardson Subject: Bay Trail Gap Closure Study Dear Mr. Nguyen and Mr. Watrous: We are residents of Greenwood Beach Road and prefer Segment 8 to Segment 3 for the Greenwood Beach Road area. Please notify the members of the Parks, Open Space & Trails Commission of our feedback. Regards, Philip and Barbara Richardson 418 Greenwood Beach Road Tiburon, CA 94920 EXHIBIT NO. Iq 6/6/2012 Page 1 of 1 Dan Watrous From: brenda_foster@comcast.net Sent: Monday, May 14, 2012 2:51 PM To: Dan Watrous Subject: greenwood Beach Road, bay trail study Brenda Foster 396 Greenwood Beach Road. Tiburon. I am a resident of Greenwood Beach Road, I will not be able to attend the public hearing on Tuesday evening 5/15/12. 1 am therefore submitting these written comments. I strongly urge the Town of Tiburon not to pursue the options listed for closing the gap of the Bay Trail in regard to Greenwood Beach Road (segment C of the Draft Bay Trail Gap Closure study). The options listed are overly expensive, aesthetically inappropriate and detrimental to the peace and serenity of this neighborhood. Property values will be ultimately reduced as will the availability of parking. This plan will not provide additional safety between cyclists and auto traffic. Any and all environmental impacts need to be fully explored before any options are carried out. The cost appears to be exorbitant considering none of the options provide a dedicated Class 1 or Class 2 bike lane, something entirely out of the question considering the average width of Greenwood Beach Road. Please consider my comments. sincerely, Brenda Foster EXHIBIT N0. 15' 6/6/2012 Page 1 of 3 Dan Watrous From: Lee D. Hwang [leehwang@ymail.com] Sent: Monday, May 14, 2012 12:38 PM To: Dan Watrous; Nicholas Nguyen; Scott Anderson Cc: Bruce Abbott; 'Bernwall, Hans'; 'Bernwall, Hans & Wilkerson, Sylvia'; 'Dixon, Rose'; 'Federal, Aubrey and Gaby'; 'Federal, Gaby and Aubrey'; 'Foster, Brenda'; 'Gherkin, Lou'; 'Heath, Harry'; 'Jones, Mary'; 'MacDougall, Margot'; 'Moller, Sidsel'; 'Moore, Greg'; 'Morphew, Forrest and Ephimia'; 'Peterson, Nancy 'Petrin, Chris'; 'Placak, Bob'; 'Placak, Bob and Graciela'; 'Richardson, Barbara'; 'Richardson, Phil'; 'Savage, Gini'; 'Shorten, Chris'; 'Shorten, Jocelyn'; 'Snellgrove, Pam'; 'Soden, John'; 'Steinman, Jake'; 'Steinman, Jake'; 'Wolf, Nicky'; 'Zaluski, Karen' Subject; Re: Tiburon Bay Trail To: Nicholas Nguyen, Director of Public Works, Town of Tiburon Dan Watrous, Planning Manager, Town of Tiburon Scott Anderson, Community Development Director, Town of Tiburon Cc: Greenwood Beach Road Residents As a resident of Greenwood Beach Road, I am writing to urge strongly that the Town of Tiburon not pursue any of the options listed for "closing the gap" of the Bay Trail with regard to Greenwood Beach Road (Segment C of the Draft Bay Trail Gap Closure Study). Unfortunately, I will not be able to attend the public hearing and give my testimony tomorrow evening 5/15/12 at 6:30 pm , and therefore I am submitting these written comments in lieu of in-person testimony. In summary, the options listed for "closing the gap" with regard to Greenwood Beach Road are overly expensive, do not mesh well aesthetically with the neighborhood, will lower property values, will detract from the peace and quiet enjoyment of our homes, will drastically reduce the parking available to residents, and ultimately will not create any additional meaningful safety as there is no buffer provided between bikers and automobile traffic, or between bikers and pedestrian traffic. Also, it is unclear what environmental impact would occur, and these impacts need to be fully investigated prior to the Town pursuing any of these options further. COST. The cost of the 3 options listed in the draft Study range from $1,600,000 to $2,950,000. This is exorbitant sum, especially considering that none of these options appears to provide for a dedicated Class I or Class II bike lane, which as the Study notes, simply does not seem possible given the narrowness of Greenwood Beach Road. By comparison, the options for "closing the gap" elsewhere in Tiburon can be accomplished at a relatively modest cost. When one compares the cost-effectiveness of the options for "closing the gap" at Greenwood Beach vis-a-vis other areas of Tiburon, it is clear that none of the options for Greenwood Beach Road comes close in terms of "bang for the buck." AESTHETICS. The proposed options will remove much needed greenspace and replace it with tall, lengthy concrete retaining walls. It is most likely fair to say that neither the homeowners, nor the bike riders or pedestrians, would prefer a view of a concrete wall 6/6/2012 EXHIBIT NO. 1(0 - P. t a-- Z ragc/_ 01J over the existing greenspace. This is especially so since the bike riders and pedestrians would not see the waterfront from this segment of Greenwood Beach Road. None of the proposed options improves the view or experience for any of the stakeholders, but in fact lowers the aesthetics for everyone involved. PROPERTY VALUES. It goes without saying that this is very important for all of the homeowners of Greenwood Beach Road. Many of these homes are multimillion dollar properties. The additional traffic and congestion, and the lessened peace and quiet enjoyment of their homes, will surely detract from property values. PEACE AND QUIET ENJOYMENT. As a Greenwood Beach Road resident, I particularly appreciate the tranquility and natural setting of the neighborhood. One of the prime reasons I bought my home was that there was little traffic on this road, given that it is essentially a dead-end road along the waterfront. It is beyond reasonable dispute that all 3 options listed in the draft Study for Greenwood Beach Road would result in increased noise, traffic, and congestion. This also necessarily impacts the safety of homeowners and trail users, as discussed below. PARKING. The options listed in the draft Study basically eliminate for the most part parking on the north side of Greenwood Beach Road. This parking is a very important and utilized feature of the neighborhood. On weekends, I walk along Greenwood Beach Road and regularly notice that there are more cars parked on the north side than the south side. The same applies for night time occasionally as well. I note that there was no parking impact analysis included in the draft Study. This aspect needs to be fully investigated prior to the Town taking action on this proposal. SAFETY. Safety is obviously of paramount concern. As a Greenwood Beach residents, I often notice that bikers ride in the middle of the road or take up as much as half the entire road when riding in groups of two or more. However, none of the proposed options provides a Class I or Class II dedicated bike lane that would provide an effective buffer between the bikers and the residents, and between the bikers and pedestrians. It does not make sense that the Town of Tiburon would pursue any option that does not include such a buffer. It is questionable even whether any of these options "closes the gap" in reality. ENVIRONMENTAL IMPACT. The draft Study notes that there may be wetland impacts, and that new drains may require installation of erosion filtering components. Since Richardson Bay is a prime habitat for wildlife (and a substantial reason why people are attracted to this area), this is obviously a major concern. I request that a full environmental impact analysis be done before any further action is taken on this proposal. In conclusion, there are so many reasons that "closing of the gap" does not make sense for Greenwood Beach Road. I ask that you please incorporate these comments into the official public record and have the Commission consider these comments as though I attended in person. Thank you, Lee D. Hwang 412 Greenwood Beach Tiburon, CA 94920 (415) 272-0511 6/6/2012 leehwang@ymail.com Road EXHIBIT NO, P. z ,:`z Dan Watrous From: RCPAssociates [RCPAssociates@placak.com] Sent: Tuesday, May 15, 2012 3:28 PM To: Dan Watrous; Nicholas Nguyen; Scott Anderson Subject: Re: Tiburon Bay Trail As the holn.eowner of 342 Greenwood Beach Rd., I am in filll support of the well thought out comments and position stated by Lee D. Hwang below. We need further discussion and planning regarding these proposed changes before anything is implemented on Greenwood Beach Rd. Best regards, Robert C. Placak 382 Greenwood Beach Rd. 415-507-1440 rcpassociateskplacak.com v EXHIBIT NO.~_ June 4, 2012 Dan Watrous Planning Manager, Town of Tiburon r h 1505 Tiburon Blvd. t: Tiburon, CA 94920 j Dear Dan; The mixed-traffic problem on Greenwood Beach Rd. is bicyclists, who ride in swarms in both directions, sometimes taking up the entire road. The Tiburon Bay Trail Gap Study does nothing to alleviate this situation. As I interpret it, the only possible benefit would be to segregate pedestrians. Segment 3 options B and C both create a curb from sidewalk to street. A curb seems a bad idea as it could easily cause people to trip and, as we know, will be a training area for very young Game Xers. As people frequently walk abreast and often with dogs, there will inevitably be times when they will opt out of the six foot wide section dedicated to them. For this questionable benefit, parking will be lost on the north side of the street. Although the study states "Parking demand on the north side of road is generally low.", there are times when parking is needed, e.g. anytime there is an event at Blackie's Pasture. There are also times when residents have guests or workers who need to park on that side of the street. Parking on the south side is very limited due to the number of driveways and closeness of the houses. Another concern is feasibility and aesthetics. The street in front of my house is approximately 25 feet across. That would seem to point to Option C as the only feasible configuration at that point. I would much prefer to keep the street green and natural, than have any of the suggested walls for that option. The wall in the other options has a more natural look, but as you can see here, I estimate that they would have to widen the road approximately nine feet in front of my house. Given the steepness of the bank, and the degree to which it would be necessary to cut into it, I wonder about the feasibility. I recommend further analysis of the narrowest part of the road, to verify if the other options are indeed possible for the full length of the street. As nice as it might be to have a completely gap-free mixed-use trail, eliminating parking and adding hardscape, while leaving bicycles and cars intermixed, doesn't seem worthwhile. Best regards, Nicky Hall 426 Greenwood Be EXHIBIT NO..! 1, t OF- Z_ EXHIBIT NO. (0 P: 2D~Z Page 1 of 1 Dan Watrous From: Chris Shorten [chrisshortenphoto@comcast.net] Sent: Friday, June 15, 2012 12:23 PM To: Dan Watrous Cc: Jocelyn Shorten Subject: Bay trail... Hi Dan, Fe P- A We have lived on Greenwood Beach Road for over 35 years and strongly oppose a Bay Trail along Greenwood Beach Rd, however we do support the Segment 8/Tiburon Blvd approach to the Bay Trail. Unfortunately we will not be able to attend next Wednesday's meeting although many of our neighbors will be there! Please register our opinion, thank you. Chris & Jocelyn Shorten. 394 Greenwood Beach Road. L ATE MAIL # hz-L 6/15/2012 C cl /V Petition in Favor of Bike Path on 'Tiburon Blvd. and Opposing 16 -a Proposed Construction Along Greenwood Beach Road To: Tiburon Town Council Re: Bay Trail Gap Study Date: June 20, 2012 We, the undersigned residents of Tiburon, strongly urge that the Town of Tiburon not pursue any of the construction proposed by the Bay Trail Gap Study for Greenwood Beach Road (Segment 3). Instead, we urge that the Town of Tiburon strongly consider pursue constructing a Class I bike path along Tiburon Blvd. (Segment 8). In summary, the proposed bike path along Tiburon Blvd. (Segment 8) would be the safest option by providing for a Class I bike path separating bikers from pedestrians and automobile traffic while also diverting busy bike traffic away from Greenwood Beach Road. Compared with other proposed options, a bike path along Tiburon Blvd. (Segment 8) "would be most consistent with the overall intent of the Bav Trail s stem," as the Bay Trail Gap Study itself found. Moreover, as a Class I bike path, it could qualify for Bay Trail funding, whereas the options for the much narrower Greenwood Beach Road would not qualify for such funding. In contrast to a Class I bike path on Tiburon Blvd., the options proposed for Greenwood Beach Road would be less safe, would greatly reduce the parking available to residents, would detract from the peace and quiet enjoyment of our homes, would not mesh well aesthetically with the neighborhood, and ultimately will not create any additional meaningful safety as there is no buffer provided between bikers and automobile traffic. Also, it is unclear what environmental impact would occur, and these impacts need to be fully investigated prior to the Town pursuing any of the options for Segment 3 further. SAFETY. Safety is obviously of paramount concern. As Greenwood Beach residents, we often notice that bikers ride in the middle of the road or take up as much as half the entire road when riding in groups of two or more. The problem has been especially noticeable within the past 5 years. However, the only feasible location wide enough to provide a safe Class I or Class II bike path separating bike traffic from pedestrians and automobile traffic would be Tiburon Blvd. Greenwood Beach Road is simply too narrow. None of the options proposed for Greenwood Beach provides a Class I or Class II dedicated bike lane that would provide an effective buffer between bikers and automobile traffic. It would not make sense for the Town of Tiburon to pursue any option that does not include such a buffer. The staff recommendation in favor of "Option C" does not address the safety between cyclists and automobiles at all; it only addresses pedestrian safety. We request that the Town conduct a formal traffic safety study that specifically evaluates the safety of the options proposed and formulates options that actually improve the safety of Greenwood Beach Road for the benefit of all. PARKING. The options listed in the draft Study basically eliminate most parking on the north side of Greenwood Beach Road. This parking is a very important and utilized feature of the neighborhood. On weekends, there are regularly more cars parked on the north side than the south side The same applies occasionally for night time as well. We request that the Town conduct a formal parking study to more carefully evaluate the impact of these options on the availability of parking and to formulate options that would preserve these valued parking areas. ENVIRONMENTAL IMPACT. With respect to each of the proposed options for construction along Greenwood Beach Road, 2 the Bay Trail Gap Study notes that there may be wetland impacts, and that new drains may require installation of erosion filtering components. Since Richardson Bay is a prime habitat for wildlife (and a substantial reason-why people are attracted to this area), this is obviously a major concern. We strongly urge the Town of Tiburon to conduct a full environmental impact analysis before taking any further action on this proposal. AESTHETICS. The proposed construction along Greenwood Beach Road will remove much needed greenspace and replace it with tall, lengthy concrete retaining walls. It is most likely fair to say that neither the homeowners, nor the bike riders or pedestrians, would prefer a view of a concrete wall over the existing greenspace. This is especially so since the bike riders and pedestrians would not see the waterfront from this segment of Greenwood Beach Road. None of the proposed options for Greenwood Beach Road improves the view or experience for any of the stakeholders, but in fact lowers the aesthetics for everyone involved. PEACE AND QUIET ENJOYMENT. As Greenwood Beach Road residents, we particularly appreciate the tranquility and natural setting of the neighborhood. One of the prime reasons we bought our homes on Greenwood Beach Road was that there was little traffic on this road, given that it is essentially a narrow, dead-end road. It is beyond reasonable dispute that the proposed construction would result in increased noise, traffic, and congestion. This also, by necessity, reduces the safety of homeowners, pedestrians, and cyclists. COST. The cost of the 3 options listed for Greenwood Beach Road in the Bay Trail Gap Study range from $1,600,000 to $2,950,000. This is an exorbitant sum, especially considering that none of these options appears to provide for a dedicated Class I or Class II bike lane, which as the Study notes, is not possible given 3 the narrowness of Greenwood Beach Road. By comparison, the options for "closing the gap" elsewhere in Tiburon can be accomplished at a relatively modest cost. The construction along Tiburon Blvd. would cost an estimated $3 million; however, because it provides for a Class I bike path, it would potentially qualify for Bay Trail funding, and is therefore more likely to be financially feasible. When one compares the cost-effectiveness of the options for "closing the gap" at Greenwood Beach vis-a-vis other areas of Tiburon, it is clear that none of the options for Greenwood Beach RZoad comes close in terms of "bang for the buck." In short, "closing the gap" can be done more safely and effectively, and in a more financially responsible manner, by creating a Class I bike path along Tiburon Blvd. 2 3 S { 3 8. 9. 1C t2 4 Name Signature Date 11. 12. 13. 14. 15. 16. 17.. 18.. 19. 20. ~~~2~ ~ ~t~SIfZ r~ i ~ f 5 Mayor and Council City of Tiburon Tiburon, CA 94920 June 20, 2012 Dear Mayor and Council: 7C: I oppose Option 3, in any of its various forms, as advanced by the POST Commission, that would make Greenwood Beach Road a permanent part of the Bay Trail. Greenwood Beach Road is a narrow, winding road with restricted visibility that is barely adequate for use by residents, guests and infrequent visitors. It has become an auxiliary parking lot for Blackie's Pasture, and a conduit for a substantial numbers of users of the linear park who find it more convenient to park on Greenwood Beach Road than in the designated parking areas in Blackie's. The practice of parking on Greenwood Beach Road reduces it's effective description at places to a one lane road. The heavy volume of bicycle traffic, introduced by the designation of Greenwood Beach Road as a portion of the Bay Trail has not blended well with automotive traffic, producing conflicts that are frequently accompanied by outburst of loud and profane language by bikers with perceived rights of priority over all other users of the street. Navigation in any form on Greenwood Beach has become a hazardous and unpleasant undertaking. Most serious has been the occurrence of numerous accidents involving bicycles on the street. The appearance of tranquility on this street can be most dangerously deceptive, and the confluence of parked automobiles, bicycles, residents attempting to enter traffic during periods of heave bike use, and automobiles attempting to turn around at the street closure can and does produce a dangerous mix that has resulted in serious injuries. The designation of Greenwood Beach as a segment of the Bay Trail constitutes an unreasonable burden to the street and those who live on it. There is not one resident of Greenwood Beach Road who cannot recite numerous personal experiences of bicycle horror stories, and we are universally opposed to the perpetuation of this situation. We are baffled by the insistence of the POST Commission who persist in making the situation even worse. Considering that the primary beneficiaries of this proposal will be visitors from far away places, the residents of Greenwood Beach Road and perplexed and dumbfounded. It is not possible to construct a path of sufficient capacity to safely accommodate the objectives of the Bay Trail concurrently with the use normally required of such a residential street. And, it is not necessary. If the funneling of bicycle traffic into downtown Tiburon is of such manifest importance, the Town should accept the responsibility of making proper provision for it. Tiburon Boulevard has the capacity to accommodate bikes on both sides of the street, and do it safely. Sincere , Bruce Abbott 458 Greenwood Beach Road