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HomeMy WebLinkAboutTC Agd Pkt 2012-11-07TOWN OF TIBURON Regular Meeting Tiburon Town Hall Tiburon Town Council 1505 Tiburon Boulevard. November 7, 2012 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. Closed Session - 5:30 p.m. Interviews - 6:45 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (5:30 p.m.) PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager (continued from October 30, 2012) Title: Town Attorney INTERVIEWS - (6:45 p.m.) Library Agency Board of Trustees - One Vacancy • Gideon Sorokin • Tom Gram • Jeff Foran 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. PRESENTATION • Recognition of Marketing & Communications Task Force members (Mayor Fraser & Councilmember Collins) CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes -Adopt minutes of October 17, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Amendment to Chapter 13D of the Town Code - Adopt ordinance amending Title IV, Chapter 13D regarding Flood Damage Prevention (Director of Community Development Anderson) 3. Volunteer of the Year Commendation - Adopt resolution commending Harvey Rogers upon his appointment as the Tiburon Peninsula Chamber of Commerce 2012 Volunteer of the Year (Town Clerk Crane Iacopi) 4. Streets Maintenance Program - Recommendation to adopt a "Complete Streets" Policy in order to maintain eligibility for One Bay Area Grant (OBAG) monies (Resolution) (Director of Public Works/Town Engineer Nguyen) 5. Alcopop-Free Zones - Recommendation to adopt a resolution in support of Alcopo-Free Zones and to encourage voluntary restrictions on the sales and marketing of Alcopops (Town Manager Curran) 6. Budget Amendment toReplace Town Computer Network - Approve budget amendment for replacement and installation of Town Hall and Police Department computer network servers (Director of Administrative Services Bigall) 7. Fee Waiver Request - Recommendation to approve fee waiver for Sanitary District No. 5 project (Town Attorney Danforth) ACTION ITEMS 1. Appointments to Boards, Commissions &t Committees - Consider appointment of Tiburon representative to fill vacancy on Belvedere-Tiburon Library Agency Board of Trustees (Town Clerk Crane Iacopi) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -October 19, 2012 • Town Council Weekly Digest -October 26, 2012 • Town Council Weekly Digest -November 2, 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, wwvv.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. CC-/ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser called the regufar eeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesda October 17, 201'2, n Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Cali, ia. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Works/Town Engineer Nguyen, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6 p.m., to discuss the following: CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE REVIEW (Section 54957) Title: Town Manager Following the closed session, the Council conducted an interview at 7:15 p.m.: INTERVIEW Jt. Recreation Committee - One Vacancy • Nuria Ibars ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY Mayor Fraser announced that the Council had conducted an evaluation of the Town Manager during closed session. He also announced that the evaluation would be continued to a subsequent closed session meeting. Dk4- 1 Town Council Minutes x -2012 October 17, 2012 Page I Mayor Fraser noted that the Council had been unanimous in its praise of Town Manager Curran; that the Town was indeed fortunate to have such a talented manager. He said that she was well regarded not only by the Council but by the Marin Manager's Association and other groups in the county for her leadership and expertise. He said that each Councilmember was also appreciative of the individual support and guidance that they received from Ms. Curran. ORAL COMMUNICATIONS None. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of October 3, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Storm Drain Maintenance - Authorize award of contract to Roto-Rooter for annual storm drain work (Director of Public Works/Town Engineer Nguyen) MOTION: To adopt Consent Calendar Item Nos. 1 and 2, as written. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS 1. Appointments to Boards, Commissions & Committees - Consider appointments to fill vacancies on Joint Recreation Committee and Heritage & Arts Commission (Town Clerk Crane Iacopi) Mayor Fraser waived the staff report. MOTION: To appoint Nuria lbars to the Joint Recreation Committee. Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous MOTION: To appoint Francella Hall to the Heritage & Arts Commission. Moved: Fredericks, seconded by Fraser Vote: AYES: Unanimous 2. Measure A Sales Tax Increase for Parks, Open Space and Farmland - Consider recommendation of 2012 Legislative Action Committee (Councilmembers Collins and Fredericks) to approve resolution in support of Marin County Measure A (Town Manager Curran) Town Council Minutes #xx -2012 October 17, 2012 Page 2 Town Manager Curran said that a discussion of Measure A had been placed on the agenda at the request of the Town's Legislative Action Committee, comprised of Councilmembers Collins and Fredericks. Curran introduced by Linda Dahl, Director and General Manager of the Marin County Parks and Open Space District, who made a presentation in support of Measure A. Ms. Dahl described the history of open space acquisition in the County and how it had been curtailed somewhat in the years following the passage of Proposition 13. Nevertheless, she said the County had over 20,000 acres of parks and open space in its portfolio. She said that the maintenance of infrastructure in some locations had fallen victim to budget cuts and were in need of repair. She said that Measure A would raise $10 million over 9 years through a half cent increase to the sales tax to be used for these purposes. Ms. Dahl also said that the Board of Supervisors had been determined that some of the funds raised by Measure A would be directly available for use by cities. She said that while there would be an oversight committee in charge of the fund allocations, the Supervisors had purposely left it up to the cities to determine how to use the funds that came under their purview. Councilmember Collins asked whether the $15 million portion earmarked for cities might be used to acquire new parks. Ms. Dahl said that the Supervisors wanted to leave the actual decision-making over funds allocation up to the cities. Collins commented that he wished the sales tax increase was higher in order to make a bigger impact upon the acquisition of open space. Collins also asked whether the annual amount might accrue to the cities over time. Vice Mayor O'Donnell asked whether funds might be used to maintain and upgrade city park facilities. He also asked whether they might be used for beautification and upgrade of the medians on Highway 131 (Tiburon Boulevard). Ms. Dahl said that the ballot measure intended that that the funds be used specifically for "parks and recreation" uses. Mayor Fraser opened the item to public comment. Jerry Riessen, Vistazo West, said he was working with Ms. Dahl on the passage of Measure A. He said he had his doubts about whether enough money could be raised to acquire new open space but said that the issue of maintenance of existing lands was real and critical. He cited his experience in fighting invasive species on Town open space. George Landau, Sugarloaf, said he was a regular hiker in the open space areas in Town and he said he, too, supported Measure A because it would make more funding available to maintain the Old St. Hilary Open Space, and other areas. Mayor Fraser closed the item to public comment. Town Council Minutes #.xx -2012 October 17, 2012 Page 3 Councilmember Fredericks said that the Town was surrounded by contiguous open space areas. Fredericks said that passage of the measure would directly benefit residents through the ability to better maintain theses areas for recreational uses, as well as maintain their safety. She urged support of Measure A. Councilmember Doyle said that when he was growing up, no one thought ahead about the preservation of open space. He said the areas that were once were farms and orchards were now developed land. He said that he, too, would support the measure for the local benefits, as well as the benefit of future generations. Vice Mayor O'Donnell concurred; he said that he had already endorsed the measure personally and would vote for the Council's support for the reasons stated by Councilmember Fredericks. Mayor Fraser also agreed. He said that the Town had a line item in its budget for Parks & Open Space, and that the funds would be well used in the community. He also said that the Town was blessed with an abundance of open space but that it should not be taken for granted. MOTION: To adopt the resolution in support of Measure A. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous The Town Manager also asked for Council feedback, per the staff report, on the idea of whether to agendize a discussion of a Town policy governing support of ballot measures and other political initiatives. Councilmember Fredericks noted that the Council had an informal' policy in place that guided it. She said the policy had been limited to initiatives that directly affected the ability of the Town to provide services. Councilmember Collins noted that on occasion he received requests from other cities or groups to endorse ballot measures or initiatives. He said that a "general boundary" would be helpful in determining which measures were appropriate to bring to the Council. He suggested that the matter might be placed on an agenda in the New Year. Councilmember Fredericks agreed that individual council members were often approached for their endorsement of ballot measures or initiatives. She said that bringing an item to the Council required staff time to do research and provide an objective analysis., Councilmember Fredericks said that the MCCMC Legislative Committee had a policy that she could provide the Town Manager to use as an example. Vice Mayor O'Donnell said he favored a policy whereby each Councilmember was free to support any matter it chose to, however, he agreed that the Council as a whole should strive to entertain only the matters that directly affected the Town. Town Council Minutes #xa -2012 October 17, 2012 Page 4 Mayor Fraser said that he thought this informal policy had worked well for past Councils and did not see a need for a formal, written policy. Matter continued to 2013. PUBLIC HEARINGS 1. Cypress Hollow Precise Development Plan Amendment - Consider application to amend the Cypress Hollow Precise Development Plan to increase the maximum floor area at 110 Rancho Drive (Planning Manager Watrous) Applicant: John-Peter Curcio Address: 110 Rancho Drive AP No. 034-393-01 Planning Manager Watrous said the application was for a proposed amendment to the Cypress Hollow Precise Development Plan for the property located at 110 Rancho Drive. He said the applicant wished to increase the maximum floor area permitted for this lot, which is currently developed with a single-family home. Watrous said the Cypress Hollow Precise Development Plan currently limits each parcel to a maximum floor area of 30.0% of the lot size. He said the applicant proposed amending the text of the precise plan to allow a floor area ratio of 31.5% for this property. The Planning Manager noted that the single-family residence on this property was originally constructed with a floor area of 2,678 square feet (29.6% floor area). He said a previous property owner converted one garage space within an existing three-car garage into a 176 square foot office on the second floor of the house. The office increased the floor area of the house to 2,854 square feet, resulting in an as-built floor area ratio of 31.5%. As the resulting floor area ratio is in excess of the 30.0% maximum floor area permitted for this property, the current property owner wishes to legalize this as-built addition and requests to amend the Cypress Hollow Precise Development Plan to increase the maximum permitted floor area for this property to 31.5%. Watrous also said that the Town Council had generally supported amendments to the Cypress Hollow Precise Development Plan if the amendment was under the Floor Area Ratio for a house this size. He said the Planning Commission held a public hearing on this application at its September 12, 2012 meeting and at that meeting, the Commission determined that the requested amendment was consistent with the intent of the Cypress Hollow Precise Development Plan and the Tiburon General Plan and Zoning Ordinance, and adopted Resolution No. 2012-14 recommending approval of the amendment to the Town Council. Mayor Fraser opened the hearing to the applicant. Town Council Minutes #xx -2012 October 17, 2012 Page 5 John-Peter Curcio, owner of 110 Rancho Drive, said that he wanted to do things "the right way" which had led him to make this application to the Town. He offered to answer any questions. Council had some questions for staff. Vice Mayor O'Donnell noted that other addresses were listed in the resolution, as well. Planning Manager Watrous said that the resolution added this property to the existing list of properties in Cypress Hollow that had received precise plan amendment approvals by the Council. Vice Mayor O'Donnell asked whether the approval of the current application might trigger the surrounding neighbors to seek similar approvals. Planning Manager Watrous said that they would have to go through the Town's approval process if they sought to make similar changes to their properties. He said that some had wanted to "bump out" their existing footprint but that the crawl space [at 110 Rancho Drive] was already within the existing building footprint and that had not created an issue in the neighborhood. Vice Mayor O'Donnell said that when he served on the Design Review Board, the Board had approved applications for amendments for increased FARs within the "cut" of a house. Mayor Fraser asked if there was a sense of how many more property owners might seek amendments. Planning Manager Watrous thought it would be low number. Planning Manager Watrous noted that past Councils had chosen to review each application on a case by case basis; he said that if the Council wished, it might look holistically at the range of amendments in the subdivision. Mayor Fraser opened the public hearing. There was no public comment. Mayor Fraser closed the public hearing. MOTION: To adopt the resolution amending the Precise Development Plan, as written. Moved: O'Donnell, seconded by Collins Vote: AYES: Unanimous 2. Amendment to Chapter 13D of the Town Code - Introduction and first reading of an ordinance amending Title IV, Chapter 13D regarding Flood Damage Prevention (Director of Community Development Anderson) Director of Community Development Anderson said that the Town of Tiburon is a member of the National Flood Insurance Program, which membership enables property owners to secure flood insurance through federal insurance programs and provides other benefits and protections. He said there were currently has 107 federal flood insurance policies in effect, in Tiburon, for a total coverage of $35 million. Town Council Minutes #xx -2012 October 17, 2012 Page 6 Anderson said the State Department of Water Resources (SDWR), in conjunction with the Federal Emergency Management Agency (FEMA), periodically reviews the flood damage prevention-related ordinances of cities and counties to ensure conformity with the latest state and federal regulations. He said the Town received its most recent review in June 2012, and that the findings were set forth in a letter from the SDWR dated August 30, 2012 (Exhibit 1 of the staff report). Among the findings, according to Anderson, is direction to revise the Town's flood damage regulations to remain compliant with current provisions of Title 44 of the Code of Federal Regulations. Director Anderson said the proposed amendments had been provided in a red-lined version of the ordinance for the Council, along with a map of the affected areas. He recommended that the Council hold a public hearing and move to read the ordinance by title only, and pass first reading. Councilmember Collins asked whether there was a map of the "coastal high hazard areas." Anderson said that these areas are mapped on the community's Flood Insurance Rate Maps. Vice Mayor O'Donnell asked whether any of the affected zones were changed or expanded. Anderson said that the latest federal flood maps, which became effective in 2009, had added most of downtown Tiburon to the flood hazard zone, but that the properties in the coastal high hazard zone had previously been mapped as Zone A-1-Tidal and the primary change was in nomenclature (changing the term "A-1-Tidal" to "Coastal High Hazard Zone"). Vice Mayor O'Donnell asked whether there would be higher insurance premiums or any other effects to property owners as a result of these changes. Anderson said that the changes proposed to the ordinance should not affect the insurance premiums or impose new or more stringent standards than already exist on properties within the special flood hazardd zones; however, he stressed the importance of keeping the Town's regulations up to date to maintain membership in the flood insurance program. Mayor Fraser opened the public hearing. There was no public comment. Mayor Fraser closed the public hearing. MOTION: To read the ordinance by title only. Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous Mayor Fraser read, "An ordinance of the Town Council of the Town of Tiburon amending Title IV, Chapter 3D regarding flood damage prevention." MOTION: To pass first reading of the above ordinance. Moved: Collins, seconded by Fredericks Vote: AYES: Collins, Fredericks, Doyle, O'Donnell, Fraser NAYES: None Town Council Minutes #xx -2012 October 17, 2012 Page 7 TOWN COUNCIL REPORTS Mayor Fraser said that he had attended the first meeting of the Building Code Appeals Board. He said the meeting was primarily informational and included the election of a Chair (David Kallmeyer) and Vice Chair (Mark Swanson). He said that he had ratified these appointments [as Mayor] pursuant to the resolution creating the Board. On another topic, Vice Mayor O'Donnell said that he would like to see the CART committee continue its work. He said that the death of a young bicyclist in Novato had underscored for him the need to find safe passage across Tiburon Boulevard for the majority of Tiburon's neighborhoods to the multi-use path. He said this might include tunnels, overpasses, or other creative and perhaps costly solutions; nevertheless, he encouraged the group to continue looking for solutions to this problem. Town Manager Curran said that the mayors of both cities, along with the Police Chief and city managers had planned a follow-up meeting after the public presentation of the CART report. She said they planned to discuss the next steps in the process and would report on this meeting to the Council in future. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - October 5, 2012 • Town Council Weekly Digest - October 11, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 8:30 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #xx -2012 October 17, 2012 Page 8 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting November 7, 2012 Agenda Item: may- Adoption of Ordinance Making Amendments to Title IV, Chapter 13D of the Tiburon Municipal Code Regarding Flood Damage Prevention The Town Council held first reading of this ordinance following a public hearing at its meeting on October 17, 2012, and waived all further readings. The ordinance now comes to the Town Council for adoption. PROCEDURE This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council enact final adoption of the ordinance, a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance. Prepared by: Scott Anderson, Director of Community Development'`-` ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING PROVISIONS OF TITLE IV, CHAPTER 13D OF THE TIBURON MUNICIPAL CODE REGARDING (FLOOD DAMAGE PREVENTION) The Town Council of the Town of Tiburon does ordain as follows: Section 1. Findings. A. The Town Council held a public hearing on October 17, 2012 and has heard and considered any and all public testimony on this matter. B. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. C. The Town Council finds that the amendments made by this Ordinance are necessary in order for the Town's flood damage prevention regulations to be consistent with the latest provisions of Title 44 of the Code of Federal Regulations and in order to remain compliant with the National Flood Insurance Program (NFIP), of which the Town of Tiburon is a member. D. The Town Council finds that the amendments made by this Ordinance are necessary for the protection of the public health, safety, and welfare. E. The Town Council finds that the amendments made by this Ordinance are consistent with the goals and policies of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon. F. The Town Council finds that this project is categorically exempt from the requirements of the California Environmental Quality Act pursuant to Sections 15305 and/or 15308 of the CEQA Guidelines. Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 1 Section 2. Adoption of Amendments. A. Title IV, Chapter 13D, Article I, Section 13D-2 of the Tiburon Municipal Code is amended to add the following definitions: "Coastal high hazard area" means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. It is an area subject to high velocity waters, including coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map (FIRM) as Zone V 1-V30, VE, or V. "Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. B. Title IV, Chapter 13D, Article I, Section 13D-2 of the Tiburon Municipal Code, the following definitions are amended to read as follows: "Special flood hazard area (SFHA)" means an area in the flood plain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, AR, Al-A30, AE, A99, AH, V1-V30, VE or V. "Mean sea level" means, for purposes of the National Flood Insurance Program, the North American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. "Water surface elevation" means the height, in relation 'to the North American Vertical Datum (NAVD) of 1988 or other datum used on the community's Flood Insurance Rate Map, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. C. Title IV, Chapter 13D, Article I, Section 13D-4 of the Tiburon Municipal Code is amended to read as follows: 13D-4 Basis for establishing the areas of special flood hazard. The areas of special flood hazard identified by the Federal Insurance Administration (FIA) of the Federal Emergency Management Agency (FEMA) in the Flood Insurance Study (FIS), effective May 4, 2009, for Marin County, California and Incorporated Areas, and accompanying Flood Insurance Rate Maps (FIRMs), as amended or revised from time to time, are hereby adopted by reference and declared to be a part of this chapter. This FIS and attendant mapping is the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter and which are recommended to the town council by the floodplain administrator. The FIS and attendant mapping are on file at the Community Development Department, Town Hall, Town of Tiburon. Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 2 D. Title IV, Chapter 13D, Article 11, Section 13D-11 of the Tiburon Municipal Code is amended to read as follows: 13D-11 Duties and responsibilities of the floodplain administrator. The duties and responsibilities of the floodplain administrator shall include but not be limited to: (a) Permit review. (1) Review all development permits to determine that the permit requirements of this chapter have been satisfied; (2) All other required state and federal permits have been obtained; (3) The site is reasonably safe from flooding; (4) The proposed development does not adversely affect the carrying capacity of the areas where base flood elevations have been determined but floodways have not been delineated. For purposes of this chapter, "adversely affects" means that the cumulative effect of the proposed development when combined with all other existing and anticipated development will not increase the water surface elevation of the base flood more than one foot at any point. (5) Base flood elevation changes due to physical alterations: a. Within 6 months of information becoming available or project completion, whichever comes first, the floodplain administrator shall submit or assure that the permit applicant submits technical or scientific data to FEMA for a Letter of Map Revision (LOMR). b. All LOMR's for flood control projects are approved prior to the issuance of building permits. Building permits must not be issued based on Conditional Letters of Map Revision (CLOMR's). Approved CLOMR's allow construction of the proposed flood control project and land preparation as specified in the "start of construction" definition. c. Such submissions are necessary so that upon confirmation of those physical changes affecting flooding conditions, risk premium rates and floodplain management requirements are based on current data. (b) Use of other base flood data. When base flood elevation data has not been provided in accordance with section 13D-4, the floodplain administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer article III of this chapter. Any such infonmation shall be submitted to the town council for adoption. (c) Whenever a watercourse is to be altered or relocated: (1) Notify adjacent communities and the California Department of Water Resources prior to such alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration; (2) Require that the flood carrying capacity of the altered or relocated portion of said watercourse is maintained. (d) Obtain and maintain for public inspections and make available as needed: (1) The certification required in section 13D-15(a) (floor elevations); (2) The certification required in section 13D-I5(b)(3) (elevation or floodproofing of Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 3 nonresidential structures); (3) The certification required in sections 13D-15(c)(1) or (2) (wet floodproofing standard); (4) The certified elevation required in section 13D-17(b) (subdivision standards); (5) The certification required by section 1313-20 of this chapter. (e) Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in article IV of this chapter. (f) Changes in corporate boundaries: Notify FEMA in writing whenever the corporate boundaries have been modified by annexation or other means and include a copy of a map of the community clearly delineating the new corporate limits. (g) Take action to remedy violations of this chapter as specified in section 13D-5, herein. E. Title IV, Chapter 13D, Article III, Section 13D-17 of the Tiburon Municipal Code is amended to read as follows: (a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of the base flood. (b) All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the base flood, the final pad elevation shall be certified by a registered professional engineer or surveyor and provided to the floodplain administrator. (c) All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage. (d) All subdivision proposals and other development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (e) All subdivision proposals and other proposed development shall provide adequate drainage to reduce exposure to flood hazards. (f) All new subdivision proposals and other proposed development, including proposals for manufactures home parks and subdivisions, greater than 50 lots of 5 acres, whichever in the lesser, shall: (1) Identify the special flood hazard areas (SFHA) and base flood elevations (BFE). (2) Identify the elevations of lowest floors of all proposed structures and pads on the final plans. (3) If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the floodplain administrator: a. Lowest floor elevation. b. Pad elevation. c. Lowest adjacent grade Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 4 F. G. Title IV, Chapter 131), Article III, Section 1313-18 of the Tiburon Municipal Code is amended to read as follows: 1313-18 Standards for manufactured homes. (a) All manufactured homes that are placed or substantially improved within Zones A, AE, AH, AO, AR, Al-30, or A99 on the community's Flood Insurance Rate Map, on sites located outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home has incurred "substantial damage" as the result of a flood shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to at least two feet above the base elevation and be securely anchored to an adequately anchored foundation system to resist flotation collapse and lateral movement. (b) All manufactured homes that are placed or substantially improved on sites located within Zones V , VI-30, or VE on the community's Flood Insurance Rate Map will meet the requirements of Section 13D-18 (a). (c) All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A, AE, AH, AO, AR, Al-30, A99, V, V1-30, or VE on the community's Flood Insurance Rate Map that are not subject to the provisions of section 13D-18 (a) will be elevated so that either the: (1) Lowest floor of the manufactured home is at least two feet above the base flood elevation, or (2) The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. Title IV, Chapter 131), Article III, Section 13D-19 of the Tiburon Municipal Code is amended to read as follows: 13D-19 Standards for recreational vehicles. (a) All recreational vehicles placed on sites within Zones A, AE, AH, AO, AR, A 1- 30, A99, V or VE on the community's Flood Insurance Rate Map will comply with at least one of the following: (1) be on the site for fewer than 180 consecutive days, or (2) be fully licensed and ready for highway use-a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions, or (3) meet the permit requirements of Section 13D-9 of this chapter and the elevation and anchoring requirements for manufactured homes in Section 13D-18. Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 5 H. Title IV, Chapter 13D, Article 111, Section 13D-20 of the Tiburon Municipal Code is amended to read as follows: 13D-20 Floodways and Coastal High Hazard Areas. (a) Floodways. Located within areas of special flood hazard established in Section 13D-4 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply. (1) Prohibit encroachments, including fill, new construction, substantial improvement, and other new development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge. (2) If Section 13D-20(a)(1) is satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Article III of this chapter. (b) Coastal High Hazard Areas. Within coastal high hazard areas, Zones V, VI -30, and VE, as established under Section 13D-4, the following standards shall apply: (1) All new residential and non-residential construction, including substantial improvement/damage, shall be elevated on adequately anchored pilings or columns and securely anchored to such pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards. (2) All new construction and other development shall be located on the landward side of the reach of mean high tide, unless it complies with all standards of the Flood Resistant Construction provisions as set forth in the current California Building Code and/or the current California Residential Code for construction in coastal high hazard areas. (3) All new construction and substantial improvement shall have the space below the lowest floor free of obstructions or constructed with breakaway walls as defined in Section 13D-2 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for,parking of vehicles, building access or storage. (4) Fill shall not be used for structural support of buildings. (5) Man-made alteration of sand dunes which would increase potential flood damage is prohibited. (6) The floodplain administrator shall obtain and maintain the following records: a. Certification by a registered engineer or architect that a proposed structure complies with Section 1313-20; and b. The elevation (in relation to mean sea level) of the bottom of the lowest Town of Tiburon Ordinance No. XXX N.S. Effective -4-42012 DRAFT Page 6 horizontal structural member of the lowest floor (excluding pilings or columns) of all new and substantially improved structures, and whether such structures contain a basement. 1. Title IV, Chapter 13D, Article IV, Section 13D-22(e) of the Tiburon Municipal Code is amended to read as follows: (e) Any applicant to whom a variance is granted shall be given written notice over the signature of a community official that: (1) The issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage, and (2) Such construction below the base flood level increases risks to life and property. It is recommended that a copy of the notice shall be recorded by the floodplain administrator in the office of the Marin County Recorder and shall be recorded in a manner so that it appears in the chain of title of the affected parcel of land. Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force thirty (30) days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on , 2012, and was 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: Town of Tiburon Ordinance No. XXX N.S. Effective --/--/2012 DRAFT Page 7 JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. XXX N.S. Effective --i--/2012 DRAFT Page 8 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting November 7, 2012 Agenda Item: cc Subject: Recommendation to Adopt Resolution for 2012 Volunteer of the Year Reviewed By: BACKGROUND Harvey Rogers is the recipient of the 2012 Tiburon Peninsula Chamber of Commerce Volunteer of the Year award. He is being recognized for his long-term involvement with Blackie's Brigade, and especially as the creator and benefactor of Blackie's Garden. Mr. Rogers was recognized at the 19th Annual Spirit of Marin Awards luncheon on October 24, 2012, and he will be presented with the Town's commendation at a luncheon on November 14, 2012 at the San Francisco Yacht Club. RECOMMENDATION Staff recommends that the Council adopt the resolution commending Harvey Rogers as the 2012 Tiburon Peninsula Chamber of Volunteer of the Year. Exhibit: Resolution Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON RAGE 1 OF 1 DRAFT RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CONGRATULATING HARVEY ROGERS UPON HIS APPOINTMENT AS 2012 VOLUNTEER OF THE YEAR WHEREAS, Harvey Rogers is a third generation San Franciscan, who began early in life to dig in the dirt and encourage flowers and vegetables to grow in his parents' Presidio Heights backyard, and WHEREAS, in 1943, he joined the U.S. Navy and attended officers' training at Midshipmen's School at Northwestern University and was assigned as a gunnery officer to the USS Columbus to patrol the waters off China and Japan from 1945-1946, and WHEREAS, after his military service, he returned home and graduated from University of California at Berkeley where he studied math, physics, and military science, and WHEREAS, he had the great foresight to marry Nancy Bernheim, his life partner for 55 years, and build their home in Belvedere, becoming a permanent part of the community, raising their two sons Ken and Steve with Belvedere lagoon on one side of the house, and, naturally, a garden on the other, and WHEREAS, In 1967 Rogers founded Creative Business Forms and ran it until 1992, and WHEREAS, in 1996 he jumped with both feet into a weed-filled, muddy part of Blackie's Pasture and transformed it into a native plant garden which had, at last count, 2500 plants growing there, with markers identifying the plants for interested gardeners, and WHEREAS, Harvey leads an enthusiastic group of volunteer master gardeners who thrive on the interaction of appreciative passers by, imparting wisdom and enthusiasm about the garden and who help make the Blackie's Garden miracle happen. NOW THEREFORE BE IT RESOLVED that the Town Of Tiburon thanks Harvey Rogers for his leadership in the creation of an area that has become a source of pride for the community - Blackie's Garden. BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon does hereby join with the Chamber of Commerce in heartfelt congratulations to Harvey Rogers upon his appointment to the position of 2012 Volunteer of the Year. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Public Works Department Town Council Meeting November 7, 2012 Agenda Item: Recommendation to Adopt a "Complete Streets" Policy as Necessary to Maintain Eligibility for One Bay Area Grant (OBAG) monies---Resolution In order to continue to qualify for One Bay Area Grant (OBAG) monies, cities and counties are required by January 31, 2013 to have two components in place: 1) a state-certified housing element; and 2) a Complete Streets policy either in the General Plan Circulation Element or adopted by separate resolution of the Town Council. The Town has a state-certified housing element but does not have the Complete Streets component in place at this time. Adoption of the proposed Resolution (Exhibit 1) would satisfy the OBAG requirements and ensure the Town's continuing eligibility for OBAG funds. The Town's Circulation Element is scheduled for a substantial update in 2013-14, at which time Complete Street policies must be incorporated, but there is no possibility of the element update being completed by January 2013. State law (Complete Streets Act of 2008) currently requires that Complete Streets policies be included in a general plan circulation element at the next substantial circulation element update occurring after January 1, 2011. The Complete Streets resolution would serve the interim purpose of maintaining the Town's eligibility for OBAG monies until such time as the Complete Streets policies are incorporated in the Town's Circulation Element. ANALYSIS One Bay Area Grant Program The One Bay Area Grant program is a new funding approach for federal transportation grants that better integrates the region's federal transportation program with California's climate law (Senate Bill 375, Steinberg, 2008) and the Sustainable Communities Strategy. However, it may prove to be more limiting for communities such as Tiburon for some of the reasons described below. Funding distribution to the counties will encourage land-use and housing policies that support the production of housing with supportive transportation investments. This is accomplished through the following policies: TOWN OF TIBURON PAGE 1 OF 3 • Using transportation dollars to reward jurisdictions that accept housing allocations through the Regional Housing Need Allocation (RHNA) process and produce housing. • Supporting the Sustainable Communities Strategy for the Bay Area by promoting transportation investments in Priority Development Areas (PDAs). • Providing a higher proportion of funding to local agencies and additional investment flexibility by eliminating required program targets. The OBAG program allows investments in transportation categories such as Transportation for Livable Communities, bicycle and pedestrian improvements, local streets and roads preservation, and planning and outreach activities, while also providing targeted funding opportunities for Safe Routes to School (SR2S) and Priority Conservation Areas. OBAG is funded primarily from three federal fund sources: STP (Surface Transportation Program), CMAQ (Congestion Mitigation and Air Quality Improvement Program) and TE (Transportation Enhancement Program). The local matching fund percentage for these grants is typically 11.5 percent. While the Town does not routinely receive federal grants, we have been successful in garnering approximately $450,000 in federal grants within the past five years in the form of American Reinvestment and Recovery Act (ARRA) stimulus funds and Safe Routes to School (SR2S) monies. The latest OBAG funding cycle, Cycle 2 for FY 2012-13 through FY 2015-16, provides some opportunities for the Town in the form of TAM-supported revision of the Town's Bicycle and Pedestrian Master Plan, potential pavement management program support through MTC's Pavement Management Technical Assistance Program (P-TAP), and potential Safe Routes to School and bicycle/pedestrian capital project funding support. However, the Town has typically not relied on federal grants for two main reasons: • The Town would not generally rank well in competitive grants given our relatively low level of significance within the regional transportation network. • Federal grants have many front and back-end reviews and requirements that often increase the complexity and cost of projects, rendering our typically smaller projects highly inefficient. Compliance Items The Metropolitan Transportation Commission (MTC) has distributed materials that provide the basic components (Exhibit 2) of an adequate complete streets policy acceptable for OBAG funding purposes. The nine (9) required elements that must be addressed in the policy are: 1) Serve all "users" (defined as bicyclists, children persons with disabilities, motorists, movers of commercial goods, pedestrians, users of public transportation, and seniors) 2) Context sensitivity 3) Inter-department and outside agency coordination 4) Application to all roadway projects and phases 5) Consistency with adopted bicycle, pedestrian and transportation plans 6) Street Network/Connectivity 7) Consultation with the local Bicycle-Pedestrian Advisory Committee 8) Ongoing evaluation and data collection ~ SfS4 S i.. v i. - x 9) Exception process to be created requiring written findings These elements are described in additional detail in attached Exhibit 2. FINANCIAL IMPACT The adoption of a Complete Streets policy will have a range of financial and resource impacts to the Town's capital projects. Since Complete Streets policy implementation is still rather nascent and varies greatly within Marin County, the impacts are not quite clear countywide. For example, the Public Works Department currently practices a version of "Complete Streets," as defined in the Bicycle and Pedestrian Master Plan, by evaluating each significant Town capital project to determine if existing pedestrian, bicycle, transit, and accessible facilities within a project site can be enhanced. The Complete Streets policy would require somewhat more. By adopting the Complete Streets policy, the Town will need to provide additional stages of project review (inter-department, POST) and otherwise comply with the provisions of the Complete Streets Policy, including the making of written findings when accommodations for all modes are not included in the project. Implementing the policy will likely add staff time, increase capital project costs, and create additional review and processing steps for capital project items involving streets, but appears necessary to comply with the Complete Streets Act of 2008. RECOMMENDATION Staff recommends that the Town Council move to approve the Resolution adopting a Complete Streets policy. EXHIBITS 1. Draft Resolution 2. Complete Streets Policy Requirements from MTC dated 7/16/2012 Prepared By: Scott Anderson, Director of Community Development Nicholas Nguyen, Director of Public Works/Town Engineer I Itown] lsharedUdministration lTown CouncillStaffReportsl2012lNovember 7Draftslcomplete streets reportv2.doc - - - i, < < ~]"(~'I fit;`; .~i RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A COMPLETE STREETS POLICY WHEREAS, the term "Complete Streets" describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, seniors, children, youth, and families, among others; and WHEREAS, the Town of Tiburon acknowledges the benefits and value for the public health and welfare of reducing vehicle miles traveled and increasing transportation by walking, bicycling, and public transportation; and WHEREAS, the Town of Tiburon recognizes that the planning and coordinated development of Complete Streets infrastructure provides benefits for local governments in the areas of public health and environmental sustainability; and WHEREAS, the State of California has emphasized the importance of Complete Streets by enacting the California Complete Streets Act of 2008 (also known as AB 1358), which requires that when cities or counties revise general plans, they identify how they will provide for the mobility needs of all users of the roadways, as well as through Deputy Directive 64, in which the California Department of Transportation explained that it "views all transportation improvements as opportunities to improve safety, access, and mobility for all travelers in California and recognizes bicycle, pedestrian, and transit modes as integral elements of the transportation system"; and WHEREAS, the California Global Warming Solutions Act of 2006 (known as AB 32) sets a mandate for the reduction of greenhouse gas emissions in California, and the Sustainable Communities and Climate Protection Act of 2008 (known as SB 375) requires emissions reductions through coordinated regional planning that integrates transportation, housing, and land-use policy, and achieving the goals of these laws will require significant increases in travel by public transit, bicycling, and walking; and WHEREAS, numerous California counties, cities, and agencies have adopted Complete Streets policies and legislation in order to further the health, safety, welfare, economic vitality, and environmental well-being of their communities; and WHEREAS, the Town of Tiburon, in light of the foregoing benefits and considerations, wishes to improve its commitment to Complete Streets and desires that its streets form a comprehensive and integrated transportation network promoting safe, equitable, and convenient travel for all users while preserving flexibility, recognizing community context, and using the latest and best design guidelines and standards. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. That the Town of Tiburon adopts the Complete Streets Policy attached hereto as Exhibit A, and made part of this Resolution, and that said exhibit is hereby approved and adopted. 2. That the next substantial revision of the Town of Tiburon General Plan Circulation Element shall incorporate Complete Streets policies and principles consistent with the California Complete Streets Act of 2008 (AB 1358) and with the Complete Streets Policy adopted by this resolution. PASSED AND ADOPTED by the Town Council of the Town of Tiburon on , 2012, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Attachment: Exhibit A Exhibit A COMPLETE STREETS POLICY OF THE TOWN OF TIBURON A. Complete Streets Principles 1. Complete Streets Serving All Users. The Town of Tiburon expresses its commitment to creating and maintaining Complete Streets when and where feasible that provide safe, comfortable, and convenient travel along and across streets (including streets, roads, highways, bridges, and other portions of the transportation system) through a comprehensive, integrated transportation network that serves all categories of users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, seniors, children, youth, and families. 2. Context Sensitivity. In planning and implementing street projects, the Town of Tiburon shall maintain sensitivity to local conditions in both residential and business districts as well as urban, suburban, and rural areas, and shall consider input from residents, merchants, and other stakeholders to ensure that a strong sense of place ensues. Improvements that will be considered include sidewalks, shared use paths, bicycle lanes, bicycle routes, paved shoulders, street trees and landscaping, planting strips, accessible curb ramps, crosswalks, refuge islands, pedestrian signals, signs, street furniture, bicycle parking facilities, public transportation stops and facilities, transit priority signalization, and other features assisting in the provision of safe travel for all users, such as traffic calming circles, transit bulb outs, way-finding signs and traffic channelization. 3. Complete Streets Routinely Addressed by All Departments. All relevant departments of the Town of Tiburon shall work towards making Complete Streets practices a routine part of everyday operations, approach every relevant project, program, and practice as an opportunity to improve streets and the transportation network for all categories of users, and work in coordination with other departments, agencies, and jurisdictions to maximize opportunities for Complete Streets, connectivity, and cooperation. The following projects provide opportunities: pavement resurfacing, re-striping, accessing above and underground utilities, signalization operations or modifications, and maintenance of landscaping/related features. 4. All Projects and Phases. Complete Streets infrastructure sufficient to enable reasonably safe travel along and across the right of way for each category of users shall be considered in all planning, funding, design, approval, and implementation processes for any construction, reconstruction, retrofit, maintenance, operations, alteration, or repair of streets (including streets, roads, highways, bridges, and other portions of the transportation system), except that specific infrastructure for a given category of users may be excluded if an exemption is approved via the process set forth in section C.1 of this policy. B. Implementation 1. Plan Consultation and Consistency. Maintenance, planning, and design of projects affecting the transportation system shall be consistent with local bicycle, pedestrian, transit, multimodal, and other relevant plans, except that where such consistency cannot be achieved without negative consequences, consistency shall not be required if the head of the relevant department provides written approval explaining the basis of such deviation. At the discretion of the Town Manager, such deviations shall be presented to the Parks, Open Space & Trails (POST) Commission, which acts as the Bicycle and Pedestrian Advisory Committee for the Town, early in the planning and design stage, to ensure the Commission has an opportunity to provide comments and recommendations. 2. Street Network/Connectivity. As feasible, the Town of Tiburon shall incorporate Complete Streets infrastructure into existing streets to improve the safety and convenience of users and to create employment, with the particular goal of creating a connected network of facilities accommodating each category of users, and increasing connectivity across jurisdictional boundaries and for existing and anticipated future areas of travel origination or destination. 3. Bicycle and Pedestrian Advisory Committee Consultation. At the discretion of the Town Manager, transportation projects maybe referred for review by the Bicycle and Pedestrian Advisory Committee early in the planning and design stage, to provide the Bicycle and Pedestrian Advisory Committee an opportunity to provide comments and recommendations regarding Complete Streets features to be incorporated into the project. 4. Evaluation. As feasible, departments shall perform evaluations of how well the streets and transportation network of the Town of Tiburon are serving each category of users by collecting baseline data and collecting follow-up data on a regular basis. C. Exemptions 1. Leadership Approval for Exemptions. Projects that seek Complete Streets exemptions must provide written findings as to why accommodations for all modes were not included in the project, and shall be signed off by the Public Works Director or Town Manager. Projects that are granted exceptions must be made publicly available for review. Federal guidance on exceptions can be found from the Federal Highway Administration (FHWA) Accommodating Bicycle and Pedestrian Travel link at: http://www.fhwa.dot.gov/environment/bicycle pedestrian/guidance/design guidance/design.cfm ' TOWN OF TIBURON l 1505 Tiburon Boulevard frY Tiburon, CA 9490 To: Mayor and Members of the Town Council From: Office of the Town Manager Town Council Meeting November 7, 2 012 Agenda Item: (r Subject: Recommendation to Consider Adoption of Resolution Supporting Alcopop- Free Zones and Encouraging Retailers to Adopt Voluntary Restrictions on the Sales and Marketing of Alcopops Reviewed By: BACKGROUND The Mayor has requested that the Town council consider adoption of a resolution supporting alcopop-free zones and encouraging retailers to adopt voluntary restrictions on the sales and marketing of alcopops. Alcopops are youth-oriented flavored malt beverages that are packaged and marketed to encourage underage youth to drink them. The Marin County Board of Supervisors adopted a similar resolution on May 8, 2012, and staff has prepared a draft resolution based on the County resolution. FINANCIAL IMPACT There is no financial impact associated with this resolution as compliance would be voluntary and not require enforcement. RECOMMENDATION Staff recommends that the Council consider adopting the resolution supporting alcopop- free zones and encouraging retailers to adopt voluntary restrictions on the sales and marketing of alcopops. Exhibit: Resolution Prepared By: Dan Watrous, Planning Manager TOWN OF TiBURON PAGE 1 OF 1 RESOLUTION NO. (DRAFT)-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON SUPPORTING ALCOPOP-FREE ZONES AND ENCOURAGING RETAILERS TO ADOPT VOLUNTARY RESTRICTIONS ON THE SALES AND MARKETING OF ALCOPOPS WHEREAS, the Town of Tiburon acknowledges the epidemic of underage drinking kills more youth than all other drugs combined; and WHEREAS, alcohol is the number one drug of choice among America's youth; and WHEREAS, alcopops, for the purposes of this resolution, are defined as youth-oriented flavored malt beverages (as described under 27 C.F.R. Section 25.55); and WHEREAS, alcopops are packaged and marketed in a way that encourages underage youth to drink them and increases the likelihood that underage youth, their families and the community will suffer from the consequences of underage drinking; and WHEREAS, alcopops are often fruity, bubbly, high in sugar, brightly colored, brightly packaged, and with youthful and sexually connotated names, backed up by trendy and social media-oriented sales campaigns; and WHEREAS, inexperienced drinkers are particularly sensitive to alcoholic beverages containing high alcohol contents and may be unaware of the alcohol content due to flavorings and sweeteners; and WHEREAS, many of the newer alcopops are supersized, that is they are single servings of malt beverage in cans containing the equivalent of four to five standard drink sizes (with 23.5 or 24 ounces of liquid and 8% to 12% alcohol), which is enough alcohol to cause dangerous inebriation and possible poisoning if consumed by underage youth; and WHEREAS, alcopops appeal to underage drinkers with about one-third of teenage girls ages 12 to 18 one one-fifth of teenage boys having tried an alcopops beverage; and WHEREAS, the low cost of alcopops and supersized single serving malt beverages make them appeal to underage persons; and WHEREAS, retailers may voluntarily enter into agreements with youth and community leaders to participate in zones where alcopops are not bought, stocked, sold or marketed; and WHEREAS, alcopops are a minimal percentage of retailer alcohol sales but a huge percentage of underage consumption. Town Council Resolution No. (Draft)-2012 November 7, 2012 Page 1 of 2 NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon supports the establishment of an Alcopop-Free Zone in this Town and encourages all alcohol retailers to voluntarily stop buying, selling, and marketing alcopops for the health of our youth. PASSED AND ADOPTED at a regular meeting of the Town Council on November 7, 20121) by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. (Draft)-2012 November 7, 2012 Page 2 of 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Administrative Services Town Council Meeting November 7, 2012 Agenda Item: CC #s Recommendation to Approve Budget Amendment - Purchase and Installation of Replacement Computer Servers at Town Hall and Police Department The Town Hall and Police Department file and e-mail servers were scheduled to be replaced last fiscal year, and $26,000 was appropriated in the Technology Outlay budget to purchase the hardware and related licenses. The replacements were postponed last year; however, the appropriation was not carried over in the current's year budget. The Police Department file server was last replaced in 2006, and the Town Hall server in 2008. These servers have an estimated useful life of 5-6 years and are depreciated accordingly. To take advantage of newer and more diverse technologies, supplement limited staff resources, and to enhance the Town's ability to recover data in the event of a disaster, the Information Technology Coordinator recommends consulting with Marin IT, the primary networking contractor for the County of Marin and its local agencies and special districts, on portions of the server upgrade project. As part of this project, the Information Technology Coordinator also recommends the implementation of a cloud-based backup system hosted by Asigra. Additionally, the Town will re-purpose a decommissioned server for use as a secondary, onsite backup system. The Town has a long running and successful working relationship with Marin IT. They were a valuable asset during license plate reader (LPR) system deployment in 2010, and have been consulted on numerous other projects. Staff is seeking a budget amendment in an amount not to exceed $40,000 for this project. FINANCIAL IMPACT The requested $40,000 would be expended from the Technology Fund and would leave the fund with approximately $370,000 in resources at the end of the fiscal year. The Technology Fund receives revenues from the Operating Department's depreciation budget and fees charged when a building permit is issued. TOWN OF TIBURON PAGE 1 OF 2 RECOMMENDATION Staff recommends that the Town Council: Move to approve a budget amendment in an amount not to exceed $40,000 for the above subject work, to be funded from the Town's Technology Fund Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting November 7, 2012 Agenda Item: CC- Recommendation to Approve Fee Waiver for Sanitary District No. 5 Project 1 Sanitary District No. 5 is conducting a major renovation project at its 2001 Paradise Drive facility. The portions of the project that directly involve the District's wastewater treatment equipment are exempt from the Town's Building Code. However, the project includes construction in the office and reception areas, bathroom, public entrances and other non-exempt components. The District has asked the Town to waive the permit and inspection fees that would normally be associated with the non-exempt portions of the project. ANALYSIS The Town Council's policy regarding fee waiver requests is set forth in Resolution No. 31-2001, attached. Pursuant to its policy, the Council should consider three factors in considering the District's request: 1. Whether the applicant is a governmental agency, a charitable non-profit organization, a private individual or a for-profit organization. A private individual or for-profit entity shall not be eligible for a fee waiver unless substantially all of the benefit of the project will accrue to a charitable, non-profit organization. 2. If the applicant is a non-profit entity with the power to impose dues or fees, or otherwise has the power to raise revenue to fund the project from project beneficiaries, the extent to which the project will benefit residents of the Town of Tiburon that are not subject to such power. For example, if the applicant has dues paying members, the Council will consider waiving fees only to the extent that the project will benefit non-member residents in the Town of Tiburon. 3. The extent to which the project will benefit the general public of the Town of Tiburon. The District is a governmental agency and is therefore eligible for a waiver under the first criteria. The project clearly satisfies the third criteria, as the District's operations are vital to the Town residents. TOWN OF TIBURON PAGE 1 OF 2 The application of the third criteria is slightly less clear. At first blush, the District would appear to have the ability to raise fees to fund the project. However, However, the District's 2010 rate plan has already raised rates very significantly, from $478 per year a single family home or dwelling unit to $598 in 2010, to $717 in 2011, to $825 in 2012. The rates are scheduled to rise again to $923 in 2013 and to $1,034 in 2014. Given these already-planned adjustments, staff does not believe that another rate increase to fund the Town's permit and inspection fees is practical.' FINANCIAL IMPACT Building Division fee levels are calculated to recover the cost of Building Division services. Building Official Fred Lustenberger estimates that absent a wavier, the permit fees and inspection costs would total $7589.00. We cannot pass these costs on to other permittees, so the Town would ultimately bear the expense. RECOMMENDATION Staff recommends that the Town Council: 1. Approve a waiver of 100% of the fees that the Town would otherwise charge the District for permit and inspections for its project. Exhibit: Fee Waiver Policy Prepared By: Peggy Curran, Town Manager ' The District's fees are sect to ratepaerprotestproceedinas under Proposition 218 RESOLUTION NO. 31-2001 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING A POLICY TO GOVERN THE PARTIAL AND TOTAL WAIVER OF TOWN FEES WHEREAS, the Town of Tiburon assesses fees upon project applicants for the purpose of recovering the administrative and processing costs of such project applications; and WHEREAS, Section 3.01.08 of the Town's Zoning Ordinance provides that the Town Council may waive any fees required under the Ordinance for any public, quasi-public body, district or agency of the Federal, State, County or Municipal government; and; WHEREAS, such fees are set by resolution of the Town Council, the current resolution being Resolution No. 11-2001; and WHEREAS, on March 17, 1999, the Council adopted Resolution No. 3323, establishing a policy governing applications for fee waivers; and WHEREAS, the Council finds that the relocation of overhead electric and communication lines to underground conduits serves the public interest and wishes to promote undergrounding projects by absorbing the project costs associated with Town permits; and WHEREAS, the Council therefore intends to amend the Town's Fee Waiver Policy to extend to undergrounding projects. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. Resolution No. 3323 is hereby repealed and replaced by this Resolution. 2. The Town shall waive fees for projects to relocate overhead electric and communication lines to underground conduits. Notwithstanding the foregoing, in the event that a project involves work that is not directly associated with the undergrounding of public utilities, Town fees shall be assessed against those portions of the project that Town staff finds are not directly associated with the undergrounding portion of the project. Work considered not directly related to the undergrounding portion of the project shall include, without limitation, work to improve individual electric services. 3. With respect to all other projects, any public, quasi-public body, district or agency of the Federal, State, County or Municipal government may apply for a total or partial waiver of Town fees as set forth in this Resolution. C: Documents and Settings Wcranelocal Settings lTemporary Internet FilesDLK28Tee Waiver policy 2001.doc 4. In considering a fee waiver application, the Council will consider the following factors: A. Whether the applicant is a governmental agency, a charitable non-profit organization, a private individual or a for profit organization. A private individual or for-profit entity shall not be eligible for a fee waiver unless substantially all of the benefit of the project will accrue to a charitable, non-profit organization. B. If the applicant is a non-profit entity with the power to impose dues or fees, or otherwise has the power to raise revenue to fund the project from project beneficiaries, the extent to which the project will benefit residents of the Town of Tiburon that are not subject to such power. For example, if the applicant has dues paying members, the Council will consider waiving fees only to the extent that the project will benefit non-member residents in the Town of Tiburon. C. The extent to which the project will benefit the general public of the Town of Tiburon. 5. If the Council finds the applicant is eligible under Section 4.A of this Resolution, and does not have the power to fund the project's costs by raising revenue from the project's beneficiaries, the Council may grant a waiver of up to 100% of the otherwise-applicable fees. The Council shall determine the amount of the waiver granted based on the percentage of project benefit that will be realized by the general public of the Town of Tiburon. 6. If the Council finds the applicant is eligible under Section 43 of this Resolution, the Council shall determine the amount of the waiver based on the percentage of project benefit that will be realized by those residents of the Town that are not subject to the applicant's revenue- raising powers. In no event shall the waiver exceed 50% of the otherwise-applicable fees. 7. This resolution shall only apply to fees imposed pursuant to the Schedule of Fees adopted by the Town Council to recover the Town's internal processing and administrative costs. The project applicant shall remain responsible for paying the cost of any outside consultants or other costs incurred by the Town in connection with the processing of the project application. Such outside costs include, without limitation, the cost of retaining plan-checkers and environmental consultants. C: Documents and Settings ldcranelocal Settings7empormy Internet FileOOLK28Tee Waiver policy 2001.doc 2 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 6, 2001, by the following vote: AYES: COUNCIL MEMBERS: Bach, Gram, Matthews, Slavitz, Thompson NOES: COUNCIL MEMBERS: None ANDREW THOMPSON, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK C: Documents and Settings Wcranelocal Settings lTemporary Internet FilesDLK28Tee Waiver policy 2001 (2).doc 3 % TOWN OF TIBURON 7-7- 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Office of the Town Clerk Town Council Meeting November 7, 2012 / Agenda Item: ki-- Subject: Appointments to fill a vacancies on Town Boards and Commissions (Library Agency Board of Trustees) Reviewed By: BACKGROUND The Belvedere-Tiburon Library Agency was initially formed under a joint powers agreement between the Town of Tiburon and the City of Belvedere in 1995. The Library Agency is governed by a Board of Trustees consisting of three residents from the City of Belvedere and three residents from the Town of Tiburon, along with a representative appointed by the Reed Union School District Board of Trustees. There is currently a vacancy for a Tiburon appointee. The service of each trustee is limited to two, three-year terms, pursuant to the Library Agency by- laws. The second term of Tiburon appointee Lois Epstein concluded in June of this year and her seat has been vacant since that time. The Town Clerk advertised the pending vacancy earlier in the year and received two applications to fill the position; however, the interviews and appointment were postponed until after the Library's Design Review application hearings were concluded. The Town then re-opened the application period to allow for any other interested residents to apply. The Town Clerk re-ran a notice in the Ark newspaper for three subsequent weeks, as well as posted the notice of vacancy at Town Hall and the Belvedere-Tiburon Library. As of October 311 2012 (closing date), the Town had received a total of three applications. RECOMMENDATION Staff recommends that the Town Council: 1. Conduct interviews of the three applicants and consider making an appointments to fill the vacancy on the Library Agency Board of Trustees; or 2. Direct staff to continue the matter to a future Town Council Agenda. Exhibits: Applications of Jeff Foran, Tom Gram, Gideon Sorokin Prepared By: Diane Crane Iacopi, Town Clerk May 9, 2012 Ms. Diane Crane Iacopi Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Ms. Iacopi, H D E C E ~ V E MAY 14 2012 TOWN CLERK TOWN OF TIBURON Thank you for the invitation to meet with the Town Council regarding the Belvedere-Tiburon Library Agency Board of Directors. I am available to meet with the Town Council on Wednesday, June 6th at 7:15pm and look forward to this meeting. Do I need to prepare comments or bring any material for the meeting? I have a strong interest in this position and I appreciate your coordinating a meeting to discuss our mutual interest. Verv sincerely RECEW-j) ~ r7 APR r L V L L i t PLANNING DIVISION 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 (#I 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 resurnes and cover letters, if necessary. NAME: <Ent JLrt~lr ~Z"-ev > ..,V 4 MAILING ADDRESS: <EntJ__ H e r 64 /K XA~5_ TELEPHONE: Home:3K--r Work:` 0 Fax No. `Dc/,, k7 . 61-1e, PROPERTY OWNERS' ASSOC. (if applicable)` Enter Here > & C_-07w: TIBURON RESIDENT: (Years)<# 1 re> DATE SUBMITTED:`Dat eT_F/_/2_ REASONS FOR SELECTING YOUR AREAS OF INTEREST <Enter Here><~~~~~~1` f!~/~~ i9N /fir ~ ~ U~~i~ oC~ i~~~ 7 ~N~~2~1~~ . ae -rh'C 114AM102' 4A- 7~f APPLICABLE QUALIFICATIONS AND EXPERIENCE <Enter Here> 44- 17"X, T? 7 ca t / i J74,' fa /f, ()II?ec 'C ur is r ~o n~~ /9 ltd 1JL~~v,~~ ~ ~~~~o.✓~ Town Hall Use Date Application Received: itzS,/ Z Interview Date: ` -1z Appointed to: (Commission, Board or Committee) Date Term Expires: (Date) Length of Term: i 2 Thomas J. Gram Eight Venado Dr Tiburon, CA 94920 (415)435-9328 FAX (415) 435-2404 Email: tomgram@pacbell.net May 28, 2012 Tiburon Town Council Re: Library Agency Board Dear Councilmembers: H Q E G E ~ V E MAY 2 9 2011 TOWN CLERK TOWN OF TIBURON I would like to apply.for the upcoming Tiburon opening on the Belvedere Tiburon Library Agency Board. Janice and I have lived in Tiburon for over 41 years. I was a co-founder of the Belvedere Tiburon Joint Recreation Committee and served as a member (and Chairperson many tunes) for 2; years. The Recreation Department serves the same community members as the Library. I also served on the Town Council for 12 years during which I served for 12 years on the Legal subcommittee and 7 years on the Finance subcommittee, Consequently, I believe I can act as a liaison between the Library and the City and Town, and I believe I can contribute to the Library on financial, legal and dispute resolution issues. Please let me know if you want additional information. Sinc ely, Tom Gram Instructions and A piication 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 shills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Fall, 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 Fall 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 (41 Being the Greatest Interest) # PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW # RECREATION # HERITAGE & ARTS # DISASTER PREPAREDNESS xx LIBRARY # MARIN COMMISSION ON AGING # BICYCLEIPEDESTRIAN 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. Tom Gram FAILING ADDRESS: I venado Dr ~~5-y~Lti TELEPHONE: Work: 510-654-7500 Fax No. 435-2404 Home: PROPERTY OWNERS' ASSOC. (If applicable) <Enter Here> 41 yrs DATE SUBMITTED: <Date~ 2 TYBIURON RESIDENT. (Years) REASONS FOR SELECTING YOUR. AREAS OF INTEREST See attached APPLICABLE QUALIFICATIONS AND EXPERIENCE See attached ----------------------------------------------Town Hall Use Date Application Received: Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: (Date) Length of Term: 2 RECEWPI OCT 18 2012 TOWN MANAGERS OFFICE TOWN OF TIBURON TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon0s local 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 sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also 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 Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS _LIBRARY COMMISSION ON AGING AFFORDABLE HOUSING BUILDING CODE APPEALS BOARD S:dcrane%omm.app 1 MAILING ADDRESS: 12D r c. PrzA,r Mkt V r-~ 'f 1 at) ~ CA ~j T ~b TELEPHONE: Homer 1 S3 0; Work: 362-3 /T Fax No. ?A f 7 Y3 PROPERTY OWNERSO ASSOC. (If applicable) t I TIBURON RESIDENT: (Years) i'- DATE SUBMITTED: 64 ( `1 /fo I _ ----------------------------------------------Town Hall Use Date Date Application Received: /0- 1~-/ 2- Interview Date: : r 12- Appointed to: (Date) Date Term Expires: Length of Term: 2 NAME: & G-(Dt-e~ So ok ikl