HomeMy WebLinkAboutTC Agd Pkt 2013-03-20TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon. Boulevard
Tiburon, CA 94920
AGENDA
Tiburon Town Council
March 20, 2013
Regular Meeting - 7:30 p.m.
Interviews - 7 p.m.
TIBURON TOWN COUNCIL
INTERVIEWS - (For vacancies on Design Review Board and Planning Commission)
7 p.m. - Gordon Cousins
7:10 p.m. - Ali Kuhzarani
7:20 p.m. - Richard Wodehouse
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Doyle, Councilmember Fraser, Vice Mayor
Fredericks, Mayor O'Donnell
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
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 February 20, 2013 meeting (Town
Clerk Crane Iacopi)
2. Town Council Minutes - Adopt minutes of March 5, 2013 Town Council/Staff
Retreat (Town Manager Curran)
3. Angel Island Fire Agreement - Adopt resolution approving an amendment to the
Town of Tiburon's Agreement with the California Department of Forestry and
Fire Protection for Angel Island (Town Attorney Danforth)
ACTION ITEMS
1. Tiburon Tourism Business Improvement District - Recommendation to approve
an agreement terminating the contract with the Marin County Visitors Bureau
and to appoint an advisory board for the Tiburon Tourism Business
Improvement District (Town Attorney Danforth)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest - March 8, 2013
• Town Council Weekly Digest -March 15, 2013
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,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN OF TIBURON
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 Tiburon=s 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.
tl/
Diane Crane Iacopi
Town Clerk
AREAS OF INTEREST
Indicate Your Area(s) of Interest in Numerical Order
(#I Being the Greatest Interest)
PLANNING
I DESIGN REVIEW
-HERITAGE & ARTS
LIBRARY
-AFFORDABLE HOUSING
-PARKS, OPEN SPACE & TRAILS
RECREATION
,-DISASTER PREPAREDNESS
-COMMISSION ON AGING
-OTHER
1
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PERSONAL DATA
(PLEASE PRINT OR TYPE - A RESUME MAY BE ATTACHED AS WELL)
NAME: G. o l?'A> 0
MAILING ADDRESS: 4- O'y1 1 L Gw OCT> ZL-> j1-Lv t.oN Ck 0S4'~s ZQ
E-mail n address (optional):
TELEPHONE: Home: a 15 515 abbework: Fax No.
PROPERTY OWNERS= ASSOC. (if applicable)
- is
TIBURON RESIDENT: (Years) ~ I X DATE SUBMITTED: 3/,5/
- REASONS FOR SELECTING
YOUR AREAS OF INTEREST
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----------------------------------------------Town Hall Use
Date Application Received: S - ' Interview Date:
Appointed to:
Date Term Expires:
(Date)
Length of Term:
2
Partial List of Projects
Private House, Tiburon CA
A new, 3 bedroom house. Set on a steeply
sloping, west facing, site with a panoramic view
of Richardson Bay, San Francisco and Mt. Tam.
Designed and built by the Architect.
Offices, Irvine CA
A new 600,000sf office development for owner
occupier. A series of three story office
buildings, set in a landscaped campus,
connected by covered walkways.
Completed master plan, schematic design and
design development.
Office Tower, Madrid
A new 50 story, 600,000sf office tower with
glass climate wall. In a prime location in the
center of Madrid.
Completed schematic design and design
development.
Royal Opera House, London
The renovation of the Victorian Opera House
and Floral Hall and the redevelopment of an
entire city block in the heart of Covent Garden.
To provide a state of the art home for the Royal
Opera and Royal Ballet Companies and
Orchestra. Including new foyers, stage areas,
studio theatre and ballet studios.
Schematic design to completion in 1999
Partial List of Projects
Said Business School, Oxford
A new business school for Oxford University.
Set at the western entrance to the City.
Schematic design to construction.
School of Bio-medicinal Sciences, Portsmouth
A new science building, set on a busy roadway,
in England's major south coast naval town.
Flues from the fume cupboards are collected in
four "funnels".
Schematic design to completion in 1996.
Supermarket, Plymouth
A new superstore for 1 Sainsbury in a town with
a strong naval history. The design features a
dramatic landscape element of overlapping
sales above a perforated stainless steel wall
running the width of the site.
Schematic design to completion in 1994.
Student Housing, Aberdeen
Two new towers providing accommodation for
50 students set among the trees on the banks
of the River Dee.
Schematic design to completion in 1993.
Partial List of Projects
Darwin College Study Center, Cambridge
A new library and study center with an oak
frame. Built on the site of a walled garden,
beside the River Cam.
Design development.
Luxury Apartments, Docklands London
Renovation of a Victorian warehouse to house
52 apartments on the banks of the River
Thames.
Design development, construction documents
and construction.
Student Housing, Oxford
Two new buildings with accommodation for 30
students.
Schematic design to construction.
Renovation of 15th Century Inn, Oxford
Restoration and conversion of an existing oak
frame building to retail and fellows
accommodation.
Design development to completion in 1986.
IN
ry
TOWN OF TIBURON
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Y OWN CLERK
OWN 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 Tiburon's 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
(#I Being the Greatest Interest)
X PLANNING
. DESIGN REVIEW
-HERITAGE & ARTS
-LIBRARY
AFFORDABLE HOUSING
S:dcrane%omm.app
-PARKS, OPEN SPACE & TRAILS
-RECREATION
-DISASTER PREPAREDNESS
-COMMISSION ON AGING
-OTHER
1
PERSONAL DATA
(PLEASE PRINT OR TYPE - A RESUME MAY BE ATTACHED AS WELL)
NAME: ~ l a l
MAILING ADDRESS: _ a g
E-mail address (optional): _akuhzarani@gmail.com_
TELEPHONE: Home: ~ ~ 2' Work:
Fax, No.
PROPERTY OWNERS' ASSOC. (If applicable)
TIBURON RESIDENT: (Years) . DATE SUBMITTED: J)1
REASONS FOR SELECTING
YOUR AREAS OF INTEREST
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APPLICABLE ODALIFICATIONS
AND EXPERIENCE
111A I
t
----------------------------------------------Town Hall Use
Date Application Received: LI Interview Date: Z G`
11
Appointed to:
Date Term Expires:
(Date)
Length of Term:
2
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'TOVJN CLERK
TOWN OF TIBURON
TOWN OF TIBURON
COMMISSION, BOARD & COMMITTEE
APPLICATION
Thle 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 Tiburon o s 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
X DESIGN REVIEW
HERITAGE & ARTS
LIBRARY
!AFFORDABLE HOUSING
S: dcrane%omm. app
PARKS, OPEN SPACE & TRAILS
RECREATION
DISASTER PREPAREDNESS
COMMISSION ON AGING
!BUILDING CODE APPE BOARD
1
PERSONAL DA TA
(PLEASE PRINT ORTYPE -A RESUME MAY BE ATTACHED AS WELL)
NAME: Richard Wodehouse
MAILING ADDRESS: 2356 Spanish Trail, Tiburon
TELEPHONE: Home: 944 0278 Work: Fax No.
PROPERTY OWNERS ASSOC. (If applicable)
TIBURON RESIDENT: 3 ,years DATE SUBMITTED:
1/29/13
REASONS FOR SELECTING
YOUR AREAS OF INTEREST
My experience and knowledge, dedication to making the built environment be as good
as it can be.
APPLICABLE Q UALIFI CA TIONS
:AND EXPERIENCE
Served 2 years in a Design Review Board in Mountain Village Colorado.
(Neighbor to Telluride Colorado while Peggy Curran was TM of Telluride)
Served 3 years as Chair of DRB for Hillside Home Owner's Assoc. while acting
as President of that board. (Also a neighbor to Telluride)
37 Years of experience and knowledge from building close to 100 fine residences
and light commercial buildings. Almost all Architecturally significant designed
by prominent architects.
Green Builder; who has practiced environmentally sound building techniques
since before anyone knew it as green building. Hold the following credentials:
Certified Sustainable Building Advisor (SBA Program graduate)
Certified Green Building Professional (Build It Green)
LEED Associate
2
Date Application Received:
Appointed to:
Date Term Expires:
--Town Hall Use
Interview Date.
(Date)
Length of Term:
RICHARD E WODEHOUSE
Professional Project Manager
Owner's Representative
Certified in Mediation
CA. G.C. Lic #305719
March 14, 2013
PO Box 211
Tiburon, CA. 94920
Cell: 415 944 0278
rewodehouse&gmail.com
STATEMENT OF INTEREST AND SUMMARY OF QUALIFICATIONS FOR TIBURON
DRB CONSIDERATION
Why I am interested in joining this board:
1. I wish to integrate into the community. I cannot imagine living here for long and not
contributing.
2. 1 wish to contribute by using the knowledge and experience I have gained in 37
years of building architecturally significant homes and structures.
3. 1 value the integrity and feel of the built environment in this town. I have seen how
lack of control can result in an undesirable outcome in other communities.
Qualifications:
1. Served on Design Review Board for Mountain Village Colorado. A high-end new
community over the mountain from Telluride Colorado. (At the same time as Peggy
Curran was manager of the Town of Telluride).
2. Served as president of the HOA and chair of DRB at Hillside, a community just out-
side the Town of Telluride. During my tenure I changed the HOA from a contentious
dysfunctional group to a smooth functioning organization accomplishing many
neighborhood improvements.
3. 1 have been an ardent promoter of Green Building Practices for my entire career.
I am now a semi-retired builder acting as an Owner's Representative on selected pro-
jects.
~rC_
TOWN COUNCIL
MINUTES
CALL TO ORDER
1 ¢c~, rUa
Mayor O'Donnel lied-Itie reglar meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, ebruary 20, 2013 in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Californi .
ROLL CALL
PRESENT:' COUNCILMEMBERS
PRESENT: EX OFFICIO:
ORAL COMMUNICATIONS
Collins, Doyle, Fraser, Fredericks, O'Donnell
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Police Chief
Cronin, Town Clerk Crane Iacopi
Pamela McConnell-Douglass apologized for the recent actions of her son and asked the
Council's consideration of some matters related to traffic and safety in the vicinity of Tiburon
Boulevard and Ned's Way. She listed the need for additional seating at the bus stop in the area;
she noted that the fence had collapsed (but had recently been repaired by Caltrans); she pointed
out that school traffic turning onto Ned's Way often blocks the cars of Ned's Way residents who
are trying to get to Tiburon Boulevard; and also noted the dangerous crossing for pedestrians in
that area. She said this dangerous crossing had not been addressed for many years; she asked that
the Town consider putting flashing lights and dots in the crosswalk, similar to the ones recently
installed at Stewart Drive.
PRESENTATION
• Presentation on Peninsula Sirens (Chief Rich Pearce, Tiburon Fire Protection District)
Chief Pearce and Battalion Chief Bradley made a presentation about the proposed emergency
alert system through the installation of a series of six sirens located at different points on the
Tiburon Peninsula. Chief Pearce said the idea of an emergency siren system had been under
review for a long time, at least since the rollout of the Get Ready program. He said that with the
support of the Reed Union School District, the sanitary districts, as well as the municipalities,
they were now ready to bring the program to fruition.
DRAFT
Ybvm- until Minutes #02 -2013 February 20, 2013
Page 1
Chief Pearce said that siren technology had been around for a long time (since World War II) and
was a very reliable system. He said that together with the local emergency radio station, 860AM,
the system was uniquely designed to cover the Tiburon Peninsula. He said there were six
proposed sites for the sirens. The Chief also said that once installed, it would be important to
educate the public about what the sirens meant.
In his Powerpoint presentation, Battalion Chief Bradley said that siren systems were already
utilized by the communities of Mill Valley, Corte Madera, Kentfield, and Fairfax. He showed
what the sirens would look like. He said they would primarily be mounted on power poles and
would be both directional and rotational at 360 degrees. He said they had a decibel level of up to
130, but that 118 decibels would be adequate.
Battalion Chief Bradley listed the proposed locations as Fire Station 11, Tiburon Corporation
Yard, Del Mar School, Bel Aire School, Sanitary District No. 5 Pump Station, and Fire Station
10, and he showed map overlays of the proposed coverage areas. Councilmember Fraser pointed
out that a testing phase would also be necessary, as discussed by the Disaster Advisory Council.
In response to a question about coverage in historically difficult to reach areas, Bradley
acknowledged these areas (such as the Keil Cove/Old Tiburon area) and said that the sirens
might not be as loud there as in some other areas.
During public comment, Pamela McConnell Douglass agreed there was a need to educate the
public about emergency response. She noted that when she worked as a crossing guard, it was
evident that people driving down Tiburon Boulevard did not know what to do when they heard
fire engines coming, for instance.
Town Manager Curran talked a bit more about the cost of the system ($200,000) and proposed
cost-sharing arrangement between the Fire District, the City of Belvedere, and the Town of
Tiburon. She said that if directed by Council, staff would bring the item back as a proposed
budget amendment at the March 6 meeting; also, that the Council might also discuss the matter
further at its March 5 retreat.
Vice Mayor Fredericks said that if it became clear that the system did not provide coverage to
certain areas and needed to be enhanced, the same cost-sharing arrangement between the parties
should be followed for any supplemental work that was needed. Councilmember Fraser agreed;
Mayor O"Donnell said it seemed the logical thing to do.
Vice Mayor Cromwell said that the Belvedere Council would be hearing about the siren system
at its next meeting and that he would raise the question of cost-sharing for supplemental work.
He noted the importance of moving forward with installation of the sirens for the benefit of both
communities.
DRAFT
Town Council Minutes #02 -2013 February 20, 2013 Page 2
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of January 16, 2013 meeting (Town
Clerk Crane Iacopi)
2. March for Meals Month - Adopt proclamation in support of the Meals on
Wheels programs to provide meals for seniors (Mayor O'Donnell)
3. Resolution for Laurie Tyler - Adopt resolution commending Laurie Tyler for her
six years of service to the Town of Tiburon (Director of Community
Development Anderson)
4. Town Audit Report - Accept Town Audit Report for Fiscal Year ending June 30,
2012(Director of Administrative Services Bigall)
5. Mid-Year Budget Review - Accept mid-year budget report for Fiscal Year 2013-14
(Director of Administrative Services Bigall)
MOTION: To adopt Consent Calendar Item Nos. 1 through 5, as written.
Moved: Fredericks, Fraser
Vote: AYES: Unanimous
ABSTAIN:
ACTION ITEMS
Collins (Item No. 1 - Minutes)
1. Caltrans Relinquishment of Highway 131, Tiburon Boulevard, from Lyford Drive to
Paradise Drive - Consideration of potential relinquishment including review of costs
and benefits, determination whether to initiate legislation related to relinquishment and
request for direction (Town Manager Curran/Town Engineer Nguyen)
Town Manager Curran said that cities sometimes pursue the process of relinquishment in order to
gain local control over Caltrans roadways. She said staff recognizes that relinquishment entails
tradeoffs--the "plus" being control over the main roadway in the downtown, versus the "minus"
of expanded liabilities for maintenance, management and periodic reinvestment. She said the
question before the Council tonight was whether to continue the relinquishment process to the
next steps: 1) initiation of legislation (because Tiburon Boulevard is a State Highway), and 2) the
preparation of a Project Scope Study Report (PSSR) by Caltrans.
Curran described the actions taken by the Council to date. She said that Caltrans had replied to
the Town's Letter of Interest by advising the Town that Caltrans is interested in moving forward
on the basis that the Town will make a good faith effort to complete the relinquishment process.
DRAFT
Toxin Council Minutes #02 -2013 February 20, 2013 Page 3
The letter also advised the Town that Caltrans is only able to move forward on a "no cost" basis,
according to the Town Manager. Curran said that Caltrans is preparing a Transportation System
Analysis and Evaluation, a report prepared by its staff to be approved by Caltrans headquarters.
She said this report was estimated to be complete in the Spring of 2013. (This report is not the
aforementioned PSSR.)
The Town Manager said that at its 2012 retreat, the Council had asked staff to develop a
cost/benefit analysis of relinquishment. She said staff's analysis of costs was included in the staff
report as Exhibit 4, which illustrated the maintenance expense the Town would incur with
relinquishment. She said it showed that the most expensive elements are storm drain replacement
(every 50 years) and periodic paving of the roadway (every 20 years). Curran said that the
relinquishment under consideration, Tiburon Boulevard from Lyford Drive to its terminus
downtown,'would increase the Town's current roadway infrastructure of 64.5 lane miles by 1.4
lane miles, or 2%. She said this 2% increase in the Town's street and drainage inventory would
be rolled into its long-term capital planning. Curran said the increment for ongoing maintenance
is $31,580 per year for tasks that range from weekly to once every seven years.
Curran said staff believes that controlling the right-of-way would confer meaningful benefits.
One example was expedited process. She said that having to go through Caltrans had delayed the
Lyford Parking Lot project by approximately a year, and modified it in ways the Town might not
have chosen on its own. She said that relinquishment would allow the Town to control future
decisions over small matters such as curb cuts, plantings, news rack regulation, and signage, and
position it to act upon larger opportunities that may arise including reconfiguration of some
sidewalk/parking areas (e.g. along Shark's Deli and The Boardwalk property), possible
roundabouts and so forth.
The Town Manager noted that the Caltrans right-of-way (ROW) is very wide - 100 feet in most
locations. Therefore, she said relinquishment involved a lot of property and if the Council
believes it may want to pursue any ROW changes in the foreseeable future, she said it would be
prudent to act now to put relinquishment in motion. That being said, Curran said there was no
reason to believe Caltrans would not be willing to relinquish the roadway in the future, so the
option would remain open should the Council choose to pass on it at this time.
The Town Manager described the process to initiate legislation and said that Assembly member
Marc Levine's office had expressed a willingness to initiate it on behalf of the Town. She noted,
however, that it was late in the legislative cycle and a delay would put it over to the next
legislative year.
Curran said the Caltrans process requires it to conduct, at the Town's expense, a Project Scope
Study Report (PSSR). She said this mandatory document evaluates environmental, engineering
and other aspects of the subject property and includes a survey (identifying the boundaries of the
property changing hands), a necessary prerequisite for a land transfer of this nature. She said it
typically takes 12-14 months to complete per Caltrans. She said that the initial cost quoted to
staff for preparation of the PSSR was $180,000, however, upon being pressed by Town staff, the
DRAFT
Town Council Minutes #02 -2013 February 20, 2013 Page 4
cost had dropped to $108,000. The Town Manager expressed her hope to have this one-time, out-
of-pocket cost reduced through further negotiation.
Town Manager Curran said that in short, relinquishment was a public policy decision and the
trade-offs should be carefully weighed. She said staff believed that moving forward with the next
steps would favorably position the Town and would provide information the Council could use in
determining its final decision. She asked the Council for direction on how to proceed-either in
this direction or another.
Councilmember Fredericks wondered what the Transportation Analysis would reveal. Town
Manager Curran said she was not certain but she believed the analysis would tell Caltrans
whether or not it needs this portion of the road.
Councilmember Fredericks asked whether the PSSR was an environmental report. The Town
Manager said that, per Caltrans, it would include environmental analysis, some engineering
assessment of conditions on the ground (such as where the pipes are located, etc.), as well as a
survey. Curran said that she thought it would follow CEQA but not be an EIR. She said it might
identify contaminants, as well as archeological elements (such as Native American sites, for
instance).
Fredericks questioned whether the PSSR would include enough information for the Council to
really be able to analyze current and future costs. She questioned the hurry and the need for the
Town to proceed at this juncture, especially when many of the possible projects contemplated by
the Town were still not fully conceived. Curran agreed the PSSR might be insufficient for the
Council's purposes and further analysis might need to be conducted.
Mayor O'Donnell opened the public hearing.
Randy Greenberg, who had submitted a late mail letter to the Town, said she could see some
benefits to control over the Boulevard, but there were issues that needed to be addressed before
the Council moved forward. First, Ms. Greenberg asked what was driving the effort to take on a
new annual expense and whether the stated costs might underestimate the potential real costs.
Ms. Greenberg also raised the issue of completeness of the PSSR. She said that while the staff
reports says the PSSR will address environmental issues, it is not clear that the report is anything
more than an assessment of current conditions on the ground. Ms Greenberg said that given
climate change, seismic issues and the permanency of relinquishment, it is vital to the Town's
interest that a longer range evaluation be made that would include future liability, sea level rise
and related flooding and drainage issues, as well as the aforementioned seismic issues.
Pamela McConnell-Douglass spoke and once again urged the Council to pay attention to the
Ned's Way intersection. She said that Caltrans had ignored it for years.
Mayor O'Donnell closed the public hearing.
DRAFT
Town Council Minutes #02 -2013 February 20, 2013
Page 5
Mayor O'Donnell said that in his experience working on the Council subcommittee for the
Lyford Drive Parking project, that the cost of the project was certainly increased and the project
time lengthened, due to the process of navigating the bureaucratic maze of Caltrans regulations.
He therefore agreed with the assessment that relinquishment might make local projects easier to
manage, although it could also come with costs that needed further analysis.
Mayor O'Donnell wondered whether the price for the PSSR could be further negotiated as it
would be in Caltrans' interest for the Town to take on the maintenance of the Boulevard. Town
Manager Curran said that this made perfect sense, and yet, said in her dealings with Caltrans to
date, they recognize the benefit but she had not been successful in convincing them to further
lower the cost. She said she would welcome the Council's help, possibly through the formation
of a subcommittee.
Mayor O'Donnell also said that he had hoped that the Town might get one more paving of the
Boulevard prior to relinquishment. Town Manager Curran said that Caltrans had been adamant
about a "no cost" relinquishment which is now State policy.
Director of Public Work/Town Engineer Nguyen noted that the paving of the downtown section
of Tiburon Boulevard had only recently been done at a cost [to Caltrans] of $1.3 million in
response to a comment by Mayor O'Donnell said that amount seemed high for a 1.4 mile stretch
of road.
Councilmember Fraser suggested calling in Assemblymember Marc Levine to help negotiate a
possible cost-sharing arrangement that could smooth the transition. Vice Mayor Fredericks said
that she had read a Caltrans memo in a technical bulletin (California Performance Review) that
indicated that relinquishment in other cities had included extra work [by Caltrans] but that it was
not legally required.
Councilmembers Collin and Fraser both argued for local control and the timeliness, with new
property owners and a movement towards revitalizing and promotion of the downtown area, of
proceeding with the next steps at this time. Councilmember Fraser said that the demographics of
the town were changing and that profile of the downtown was changing, as well. He cited the
new library project as an example as well as the new recreation center, and the other projects
envisioned in the Parking & Circulation study recently received by the Council.
Councilmember Doyle agreed that relinquishment seemed worthy of further consideration and
that waiting to take the next step might disadvantage the Town in its planning for future projects.
Councilmember Fredericks said that it was really too early in the process to be either for or
against relinquishment. She said that some of the projects had not yet been conceived or
envisioned yet for the downtown area. She said that vision was speculative while costs are
forever and she reiterated the importance to the Town to have enough information on which to
base its decisions.
DRAFT
Town Council Minutes #02 -2013 February 20, 2013 Page 6
The Council did not disagree with this and thought the reports would, if anything, help achieve
this goal. Fredericks said she hoped the Caltrans reports would provide this, as long as the Town
could influence the type and scope of information needed. She urged the Council not to set itself
on a path of no return without it.
Town Attorney Danforth noted that Caltrans would not begin the PSSR unless the Assemblyman
filed the relinquishment bill. She said that the Town had a way to slow down the process until it
had the necessary information; f the Town took the next step to initiate legislation in this session,
the Assemblyman's staff had said that the legislation could be held in committee until the Town
was ready to move forward.
MOTION:' To take the next step in the relinquishment process by authorizing staff to seek
legislation through Assemblymember Levine's office; to request preparation of a
PSSR from CalTrans after further negotiation with CalTrans regarding the cost of the
report and a scope of items and information to be included in the PSSR; to appoint a
Town Council subcommittee consisting of Mayor O'Donnell and Councilmember
Fredericks to assist staff in its negotiations with CalTrans [regarding the preparation
of the PSSR and possibly future items].
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
2. Appointments to Boards, Commissions & Committees - Update on Board and
Commission term expirations; consider reappointment of those members seeking another
term; advertise remaining vacancies (Town Clerk Crane Iacopi)
Town Clerk Crane Iacopi gave the report. She said that all the incumbent commissioners whose
terms were set to expire in February, with the exception of Greg Johnson (Design Review Board)
and John Kunzweiler (Planning Commission) sought reappointment. She noted that the
commissioners who had served less than two years were eligible for automatic reappointment,
under Town policy.
There were no Council questions or public comment.
MOTION: To reappoint Elizabeth Merrill to the Heritage & Arts Commission; Chuck Clemons
and Rich Ostaggi to the Building Code Appeals Board; and Jane Jacobs and Jerry
Riessen to the Jt. Recreation committee; and to direct staff to advertise to fill the
remaining vacancies on the Design Review Board and Planning Commission.
Moved: Fredericks, Collins
Vote: AYES: Unanimous
DRAFT
Town Council Minutes #02 -2013 February 20, 2013 Page 7
PUBLIC HEARINGS
1. 23 Cecilia Court/Tiburon Highlands Precise Plan - Recommendation to adopt a
resolution approving an amendment to the Tiburon Highlands Precise Plan to establish a
secondary building envelope at 23 Cecilia Court (Director of Community Development
Anderson) - continued without hearing fi°om February 6, 2013
Owner:
Applicant:
Assessor Parcel No.
Thibault de Chatellus
Pedersen Associates
034-360-08
Director Anderson summarized the staff report. He said the owners of the property at 23 Cecilia
Court had filed an application proposing an amendment to the Tiburon Highlands Precise Plan.
He said the application proposed construction of an expanded patio area for the purposes of
installing a spa and other landscape improvements outside of the approved building envelope for
the lot. He said a 766 square foot "secondary" envelope would be created to the rear of the
house, adjacent to the rear of the approved building envelope. He said there would be no
buildings allowed in the secondary building envelope.
Anderson said that the Planning Commission had found the application to be compatible with the
development pattern in the neighborhood and had voted unanimously to approve the amendment
to the Precise Development Plan. He said there was no neighborhood opposition.
Mayor O'Donnell opened the public hearing. The applicant had no comment but said he was
available to answer any questions. There was no other public comment.
Mayor O'Donnell closed the public hearing.
MOTION: To adopt the resolution approving the amendment, as written.
Moved: Collins, seconded by Fraser
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
Councilmember Fredericks reported on the plans for electronic tolling on the Golden Gate
Bridge, and described how out-of-state license plates would be recorded and billed.
TOWN MANAGER'S REPORT
• Report on Multi-Use Path Safety Measures
Town Manager Curran described the plan to add a stripe down the middle of the path to
encourage separation of bicyclists and pedestrians. The Council concurred but said that signage
DRAFT
Town Council Minutes #02 -2013 Februan' 20, 2013 Page 8
("Share the Path") and adding a color to the striping would be helpful. Councilmember Doyle
even said that adding some sort of graphic, such as a swimming shark, could provide an easy
visual directional reference, as well.
WEEKLY DIGESTS
• Town Council Weekly Digests - January 18 & 25, 2013
• Town Council Weekly Digests - February 1, 8, & 15 2013
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 9:32 p.m.
EMMETT O'DONNELL, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT
Town Council Minutes #02 -2013 February 20, 2013 Page 9
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
cc - ~
MEMORANDUM
Date: March 20, 2013
To: Mayor and Town Council
U,.
From: Peggy Curran, Town Manager x%'10
Subject: ` Summary of March 5, 2012 Council-Staff Retreat
On the morning of March 5, 2013, the Town Council and staff met for a retreat at The Lodge in
Tiburon to review current projects, discuss the state of the Town's budget reserves and provide
direction for the upcoming fiscal year. Councilmember Collins had an excused absence due to
illness. The staff members present were the Town Manager, Town Attorney, Director of Public
Works, Police Chief and Captain, Community Development Director, Director of Administrative
Services, Town Clerk and IT Coordinator. One member of the public attended (Deirdre
McCrohan of The Ark Newspaper). The agenda is attached to this memorandum.
After calling for oral communication from the public (there was none), Mayor O'Donnell kicked
off the day with a review of the agenda.
Manager Curran briefly reviewed completed projects since the last retreat. Capital project
highlights included the completion of the Lyford Parking Lot, Dairy Knoll construction, which is
underway, and Del Mar undergrounding. Programmatic highlights included the downtown effort,
CART, circulation and parking analysis, Library and Alta Robles approvals, Residential Building
Report process improvements and website development.
IT Coordinator Chad Monterichard ran a brief video he prepared to introduce the Town's new
website, and then proceeded to give a demonstration of the new website to the group. There were
many questions about searchability, use of Google searches, user-friendliness and concern that
the resident side of the site be especially useful. Overall the new site garnered great enthusiasm
from the group and Chad got a round of applause for his efforts.
Town Attorney Ann Danforth gave a brief overview of a memorandum she and Director of
Administrative Services Heidi Bigall prepared on the Town's Association of Bay Area
Governments (ABAG) insurance coverage. The memo offered comparative information about
other insurance options. The Mayor summed up the gist of the discussion by saying the memo
said it all and the current carrier and coverage were appropriate.
Community Development Director Scott Anderson gave a report summarizing his memorandum
on the FEMA flood map process, noting that the flood threat to downtown Tiburon (except along
A)f
the water side of Main Street) primarily results from water coming through Belvedere, which is
more vulnerable via the lagoon and its seawalls. Questions were posed about what might happen
if a downtown property owner wanted to rebuild a site. Director Anderson pointed out that
commercial property owners have options if they wish to build in the FEMA designated flood
areas: they can flood-proof their properties or raise the lowest floor to the appropriate heights.
Residential properties do not have the first option. The flood-proofing option can be important
for downtown properties as raising the lowest floor can sometimes trigger ADA problems that
can be hard to solve if there is insufficient space for ramping. A question was asked about what
triggers the need for compliance with the FEMA regulations in designated flood areas. The
answer was that all new construction must comply, as must any project with a "substantial
improvement" as determined through an appraisal process. It was noted the Library and Town
Hall are already at sufficient elevations to be out of trouble. Director Anderson noted that
Belvedere is considering higher levees at Beach Road and San Rafael Avenue, but it is not clear
yet whether this is even technically feasible. Town Manager Curran noted that once Belvedere
determined its approach to flood control it was quite likely they would look to the Town to make
some contribution to the effort.
Director of Administration Heidi Bigall gave a presentation on the impact of PEPRA, the Public
Employees Pension Reform Act of 2012. She amplified upon the memorandum in the packet that
described how PEPRA now governs the process by which new hires are categorized as "classic",
meaning an employee who is vested in PERS and been working in a PERS agency within the
prior six months, and "new" employees, which is everyone else. She described the differences
between the tiers, and answered questions about our employee profile and how long it might take
for the Town's workforce to migrate to the new state PEPRA tier.
Police Chief Michael Cronin gave a crime report, showing a slide indicating how low crime is in
Tiburon, particularly since the advent of the security camera discussions in 2008. He said there
were 325 moving violations in the past year and 8,103 calls for service, a broad category which
includes officer initiated acts that are "reports" or discrete activities logged into the system.
Overall it was a positive report that we are among the very safest communities in Marin.
Councilmember Jim Fraser gave a report on the past year's downtown vibrancy effort. He
reminded the Council of the work that the Marketing and Communications Task Force undertook
in the creation of the branding approach: Tiburon by the Bay. Near. Perfect. as presented to the
Town Council on July 14. He reported how they "own the mission" and are totally invested in
helping the Town achieve its goals of revitalizing the downtown. He handed out the brochure
that has been developed, which appeared to be very well received, and spoke of upcoming
opportunities such as with the event planner engaged for Angel Island activities during the
America's Cup event later this year and generally noted that M&C is working on determining
next steps to implement its branding message.
After a lunch break, Director Bigall gave a Powerpoint presentation on the Town's budget
reserves, describing each line. Mayor O'Donnell inquired whether Director Bigall thought 70%
funding was adequate for funding OPEBs (Other Post Employment Benefit Obligations). She
responded that, generally, yes, it was considered adequate and many cities have no reserve for
this purpose.
01
A discussion then ensued around the presentation of a five-year capital spending plan by Public
Works Director Nguyen and Director Bigall. Manager Curran noted that the plan was not a
recommendation from staff, but was offered as a tool to prompt a discussion by Council on a
wide range of capital spending ideas. A suggestion emerged that the budget should reflect
routine open space management costs in the operating budget (in the range of $25,000 annually)
rather than the capital budget, and have a reserve fund as well for extraordinary items that might
arise.
The group discussed the five year capital budget significant items, such as the rebuilding of the
Corporation Yard; Mayor O'Donnell expressed his belief that this could be done economically
and perhaps for less than the $3,000,000 identified in the draft. Councilmember Fraser
commented that a lighted cross-walk (like the one at Stewart Drive) might be appropriate for
Ned's Way at Tiburon Boulevard as sight lines can sometimes be an issue. This prompted Chief
Cronin to suggest their might be benefit in reversing the direction of traffic on Kleinert Way to
force exiting traffic through controlled intersection at Lyford. Director Nguyen said this has been
explored before, but that it might merit a revisit as an idea.
The question of a round about at Mar West was discussed; Councilmember Doyle suggested the
Town wait until the Library expansion was happening before determining whether this was the
right course of action. Director Anderson thought the earlier we get engineering info (and traffic
impact info) the better, as cost information, engineering feasibility and an analysis of how it
would really function (its potential benefit) will be a necessary part of its evaluation down the
road. There appeared to be concurrence that getting budgeting analysis, but not construction, was
appropriate at this time.
Vice Mayor Fredericks posed several drainage questions to Public Works Director Nguyen. He
described that the Storm Drain Master Plan identifies both testing (televising and flushing) and
repair as necessary activities.
Funding for replanting the medians on Tiburon Boulevard between Cecilia Way and Bay Vista
Drive, included in the presented five year budget, was discussed. Vice Mayor Fredericks asked if
it was possible to simply put planters on top of the concrete rather than removing it at
substantially greater cost. It was noted that any plan would require Caltrans approval, which
might serve to drive up the cost from its current $500,000 estimate. Mayor O'Donnell argued in
favor of completely overhauling the medians as an important contribution to that part of Town
which serves as its secondary commercial area and yet receives only a fraction of the attention of
the downtown. He suggested asking Supervisor Kate Sears for funding assistance since the
medians in question lie in the unincorporated county. He also mentioned Belvedere and the local
foundations as possible funding partners. Councilmember Fraser agreed with the Mayor, citing it
as an investment and part of a long-term strategic approach to making aesthetic improvements for
the community. While absent, Councilmember Collins' support for the idea was intoned by the
Mayor and others. Regarding the use of traffic mitigation fees for this project, Director Anderson
that was not possible (they are collected from developers for the limited purpose of improving
capacity and not eligible for unrelated safety or aesthetic enhancements), he did note that this
source might be appropriate for studying the round-about at Mar West as it would be an
alternative capacity solution to a traffic signal. Mayor O'Donnell suggested the Town send a
letter to Supervisor Sears as soon as possible.
_..W._ ...,_..._.__..._..v._............ _
Manager Curran noted the $125,000 identified to build the open space access trail over the Rabin
property was simply a ball-park placeholder number as a tighter cost estimate had not yet been
developed.
Councilmember Fraser made positive comments about the proposed funding for Blackie's Pasture
improvements in light of its potential to be a hub for multi-modal travel. He noted there may be
opportunities to increase connections across the site. There was a discussion whether the
intersection by Blackie's Pasture at Trestle Glen could be improved for greater safety. It was
noted that Shapiro Bridge railings were in need of replacement.
Councilmember Fraser expressed support for widening the Multi-Use Path in the areas that lack
decomposed granite shoulders. Mayor O'Donnell thought there might be opportunities to
accomplish widening concurrently with undergrounding projects along the Boulevard.
Regarding undergrounding, Mayor O'Donnell noted the benefits of undergrounded utilities for
reliability and safety in storms, specifically referring to a photograph that was displayed of an
entire row of downed poles that resulted from Hurricane Sandy. A discussion of funding
resources for undergrounding ensued, with Director Nguyen describing that there are some
$600,000 in credits available from PG&E, as well as the ability to borrow future credits, but that
it can take years for PG&E to undertake this work. The Council appeared to settle upon a plan
whereby the poles between the new Lyford lot and Mar West might be undergrounded using
Town funds in the near term (identified as costing approximately $200,000), while
simultaneously getting in the queue for the Lyford to San Rafael stretch. The Blackie's Pasture
area would be the third priority as resources become available.
Vice Mayor Fredericks noted the need to ensure funding is available for traffic calming needs in
Old Tiburon and elsewhere, including the possible installation of speed humps. There was
agreement to set aside $20,000 annually for this purpose to use as the need arises.
Mayor O'Donnell raised the question of under or over passes at the Avenida Miraflores and
Trestle Glen intersections with Tiburon Boulevard, pointing out their value in promoting
transportation by bicycle and the benefit of eliminating pedestrian crossings and their
concomitant slowing of traffic. He wondered if it might be possible to solicit grant funding for
such endeavors in the future. Councilmember Fraser spoke briefly about the CART committee
(Community Action to Reduce Traffic), noting that it was trying to see if it could get pro bono
engineering services for a "back of envelope" analysis to get an idea of what these over and under
passages might cost. Vice Mayor Fredericks said she would ask Dianne Steinhauser of the
Transportation Authority of Marin (TAM) for ideas and possible engineering analysis funds.
The Mayor shifted the agenda to Town Council reports. Vice Mayor Fredericks gave a brief
report on TAM and showed a short video illustrating the Greenbrae Twin Cities Project for the
101 corridor. Councilmember Doyle opined the Town should not expect to receive any
Community Development Block Grant funding.
The Mayor turned the agenda to its final item, the question of "how we are doing". He
complimented staff on the wonderful job it was doing, stating it was a privilege to work with
staff, but also noted that collectively we always have the opportunity to do even better and that
we should strive for this. Councilmember Fraser commented on the collegiality of work with his
colleagues on Council and with the staff, noting that Council may not always agree but is always
willing to work out difficulties together. Councilmember Doyle said he thought the public
appreciated the respectful environment created by with Council, staff and community all working
well together, and complimented staff for finding short term solutions to issues while exploring
longer-term fixes. Vice Mayor Fredericks echoed the comments of her colleagues and said she
appreciated the dedication of the staff. Manager Curran thanked the Town Council for their kind
words, stating that the staff feels very fortunate to work for such a supportive and hard-working
Council.
In closing, Manager Curran noted that the Town's 50th anniversary of incorporation is coming up
on June 23, 2014 and that soon we will need to be developing plans for an appropriate celebration
of that auspicious occasion.
Adjournment
The meeting adjourned at 4:00 p.m.
EMMETT O'DONNELL, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
To:
From:
Subject:
Reviewed By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor & Members of the Town Council
Office of the Town Attorney
Town Council Meeting
March 20, 2013
Agenda Item: 2
Recommendation to Adopt a Resolution Approving an Amendment to
the Agreement with the State Department of Forestry and Fire
n for Providing Fire Protection Services on Angel Island.
BACKGROUND AND ANALYSIS
As of July 1, 2013, the Town and the State of California are parties to an agreement for the
California Department of Forestry and Fire Protection ("Cal Fire") to provide fire protection
services to Angel Island ("Wildfire Agreement"). The Council approved the Wildfire
Agreement on July 21, 2013. At that meeting, staff provided a copy of the Wildfire Agreement
that had been the subject of several years of negotiation. However, the final version that Cal Fire
presented to the Town Manager for signature included a page that Town staff had not seen
before and that could be read to allow the State to terminate the contract mid-year without
refunding the Town's advance payments. Cal Fire staff described this language as a standard
requirement for all statewide agreements. However, they agreed to the attached amendment to
clarify that, in the event that Cal Fire terminated the Wildfire Agreement, the Town would be
reimbursed.
FINANCIAL IMPACT
None.
STAFF RECOMMENDATION
Staff recommends that the Town Council:
Move to approve a Resolution Approving an Amendment to the Agreement with the State
Department of Forestry and Fire Protection and the State Department of Parks and
Recreation to provide fire protection services to Angel Island and authorizing the Town
Manager to execute said amendment.
Exhibits: 1. Draft Resolution, with Amendment to Wildfire Agreement
2. Wildfire Agreement, Exhibit B, page 2 (provisions to be amended)
Prepared By: Ann R. Danforth, Town Attorney
Draft
RESOLUTION NO. XX-2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON APPROVING AN AMENDMENT TO THE
AGREEMENT WITH THE CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION (CAL FIRE) TO PROVIDE
FIRE PROTECTION SERVICES ON ANGEL ISLAND
WHEREAS, when the Town of Tiburon incorporated in 1964, fire protection services on
the Tiburon peninsula were provided by two special districts, the Tiburon Fire Protection District
("TFP") and the Southern Marin Fire Protection District ("SMFP" To avoid needless
duplication, the Town did not develop its own fire protection department; and
WHEREAS, the Town of Tiburon's municipal borders include Angel Island, which
consists entirely of a park owned, managed and controlled by the State of California through the
State's Department of Parks and Recreation ("State Parks Department"), but Angel Island is not
within the boundaries of either TFP or SMFP; and
WHEREAS, to provide baseline fire protections services on Angel Island, Town staff and
officials from the California Department of Forestry and Fire Protection ("Cal Fire") and the
State Parks Department negotiated an agreement that was approved by the Town Council on
July 21, 2013 ("Wildland Agreement").
WHEREAS, due to a clerical error, the Wildland Agreement that Cal Fire presented to
the Town for signature contained new provisions in Exhibit B that had not been included in the
drafts exchanged by the parties.
WHEREAS, the parties now wish to amend the Wildland Agreement to modify said new
provisions in a manner that is mutually satisfactory, as set forth in Exhibit A, which is attached
hereto and incorporated herein by reference ("Amendment").
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of Tiburon
as follows:
1. All the Recitals above are true and correct and incorporated herein.
2. The Town Council hereby approves and authorizes the Town Manager to execute the
Amendment.
3. The Town Clerk shall certify to the adoption of this Resolution.
Tiburon Town Council Resolution No. XX-2013
Sf:~IH .GW?<~ f
~ki~ll~f
4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon this _ day of March, 2013, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EMMETT O' DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Tiburon Town Council Resolution No. XX-2013 2
COOPERATIVE FIRE PROGRAMS AGREEMENT AMENDMENT
FIRE PROTECTION REIMBURSEMENT AGREEMENT AMENDMENT, NUMBER NUMBER
LG-1A REV. 03/2011
❑ CHECK HERE IF ADDITIONAL PAGES ARE ATTACHED Pages 1 CA01755 1
1. This Agreement is entered into between the State Agency and the Local Agency named below:
STATE AGENCY'S NAME
California Department of Forestry and Fire Protection - (CAL FIRE)
LOCAL AGENCY'S NAME
Town of Tiburon
2. The term of this Agreement is: July 1, 2012 through June 30, 2015
3. The maximum amount of this $ 55,660.18
Agreement is: Fifty five thousand, six hundred sixty dollars and eighteen cents.
4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a
part of the Agreement.
Exhibit B, Budget Detail, Invoicing, Payment and Reconciliation, 2. Budget Contingency Clause, C.
The following sentence will be added to C.
"In the event this agreement is terminated by STATE in accordance with this provision, LOCAL AGENCY may seek a
pro rata reimbursement for services not rendered, beginning from the date of termination, for advanced payments made to
STATE."
All other terms and conditions shall remain the same.
IN WITNESS WHEREOF, this Agreement has been executed by the
LOCAL AGENCY
es hereto.
LOCAL AGENCY'S NAME
BY (Authorized Signature) DATE SIGNED(Do not type)
,~K
PRINTED NAME AND TITLE OF PERSON SIGNING
ADDRESS
STATE OF CALIFORNIA
AGENCY NAME
California Department of Forestry and Fire Protection
BY (Authorized Signature) DATE SIGNED(Do not type)
.4K
PRINTED NAME AND TITLE OF PERSON SIGNING
Clare Frank, Assistant Deputy Director, Cooperative Fire Protection, Training & Safety
California Department of General
Services Use Only
1''
C~
ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460
EXHIBIT B
BUDGET DETAIL AND PAYMENT PROVISIONS
3. BUDGET CONTINGENCY CLAUSE
A. If the LOCAL AGENCY's governing authority does not appropriate sufficient
funds for the current year or any subsequent years covered under this
Agreement, which results in an inability to pay the STATE for the services
specified in this Agreement, the LOCAL AGENCY shall promptly notify the
STATE and this Agreement will terminate pursuant to the notice periods required
herein.
I
B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for
purposes of this program, the LOCAL AGENCY shall promptly notify the STATE,
and the STATE shall have the option to either cancel this Agreement with no
liability occurring to the STATE, or offer an agreement amendment to LOCAL
AGENCY to reflect the reduced amount, pursuant to the notice terms herein.
C. If the STATE Budget Act does not appropriate sufficient funds to provide the
services for the current year or any subsequent years covered under this
Agreement, which results in an inability to provide the services specified in this
Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL
AGENCY, and this Agreement will terminate pursuant to the notice periods
required herein.
D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for
purposes of this program, the STATE shall promptly notify the LOCAL AGENCY,
and the LOCAL AGENCY shall have the option to either cancel this Agreement
with no liability occurring to the LOCAL AGENCY, or offer an agreement
amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the
notice terms herein.
E. Notwithstanding the foregoing provisions in paragraphs A and B above, the
LOCAL AGENCY shall remain responsible for payment for all services actually
rendered by the STATE under this Agreement regardless of LOCAL AGENCY
funding being reduced, deleted or not otherwise appropriated for this program.
The LOCAL AGENCY shall promptly notify the STATE in writing of any
budgetary changes that would impact this Agreement.
F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall
not relieve or excuse either party from its obligation(s) to provide timely notice as
may be required elsewhere in this Agreement.
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Attorney
Town Council Meeting
March 20, 2013
Agenda Item: l
Subject: Recommendation to Approve Agreement Terminating Contract with
the Marin County Visitors Bureau and Appoint Advisory Board for
Tiburon Tourism Business Improvement District
Reviewed By:
BACKGROUND AND ANALYSIS
In 2007, the Town formed the Tiburon Tourism Business Improvement District (TTBID) in
response to a request from the Town's two hotels, the Lodge at Tiburon and the Water's Edge
Hotel. The TTBID initially imposed assessments on lodging establishments equal to one percent
of their gross revenues. In April of 2011, at the hotels' request, the Council raised the assessment
to two percent.
The TTBID's essential purpose is to finance tourism promotion activities that will increase
occupancy at the Town's hotels. Originally, both the hotels and Town intended to use the funds
to participate in the County-wide tourism promotion effort operated by the Marin County Visitors
Bureau ("Visitors Bureau"). This intention is reflected in the ordinance that created the TTBID,
codified as Chapter 7A of the Municipal Code and in the Agreement between the Town and the
Visitor's Bureau dated January 1, 2008. However, the hotels have subsequently been in
discussion with Town staff to explore whether the assessments would be more fruitfully spent on
a locally-based program, an opinion that is held by the Downtown Vibrancy Committee. This
would require an agreement between the Town and the Visitors Bureau to terminate the 2008
contract. The Visitors' Bureau has verbally agreed that it will enter into such an agreement.
If the Council decides to divert the TTBID funds to locally based tourism promotion activities,
the Town will assume full responsibility for the proper handling of the TTBID financing. This
will involve establishing an Advisory Board, which would prepare annual reports in connection
with the levy of assessments (the Council appointed two members to the County program's
advisory board, but the Town would now need a stand alone board). The Board would prepare a
report with recommendations for future tourism promoting programs, which report would come
back to Council and become the basis for the formal modification of the activities that the Town
may fund with TTBID assessments.
If the Council decides to pursue the more local direction, Staff recommends that the Council form
the Advisory Board at this time to be composed as follows: one representative to be appointed by
each assessed business establishments (i.e., the Lodge at Tiburon and the Water's Edge Hotel),
the Town Manager and one member of the Town Council. Staff would return at a later meeting
with a draft ordinance approving the financing of a local program.
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to approve and authorize the Town Manager to execute the Agreement
Terminating the Contract with the Marin County Visitors Bureau.
2. Form an Advisory Board, to consist of the following: one representative to be
appointed by each assessed business establishment (i.e., the Lodge at Tiburon and the
Water's Edge Hotel), the Town Manager and one member of the Town Council.
3. Appoint a Council member to sit on the Advisory Board.
Exhibit: 1. Draft Agreement
2. January 1, 2008 Agreement between the Town and Visitors Bureau
Prepared By: Ann R. Danforth, Town Attorney
DRAFT
AGREEMENT BETWEEN THE MARIN CONVENTION AND
VISITORS BUREAU AND THE TOWN OF TIBURON TO
TERMINATE TOURISM BUSINESS IMPROVEMENT
DISTRICT ADMINISTRATON AGREEMENT
THIS AGREEMENT ("Agreement"), made and entered into this _ day of March, 2013,
between the TOWN OF TIBURON, a municipal corporation ("Town"), and the MARIN
CONVENTION VISITORS BUREAU, a non-profit corporation ("Corporation");
RFCITALS
1. On June 6, 2007, the Town Council adopted a resolution of intention to form the
Tiburon Tourism Business Improvement District ("District"), to promote mid-week and off-
season overnight lodging business, to promote the District as an overnight tourism destination,
and to fund projects, programs, and activities that benefit lodging establishments within the
District ("Resolution of Intention"). The operators of the two lodging establishments in the
District, the Lodge at Tiburon and the Water's Edge ("District Hotels") actively supported the
District's formation.
2. On September 5, 2007, after holding the hearings and meeting required by Section
36500 et seq. of the Streets and Highways Code of the State of California (``Code"), the Town
Council adopted Chapter 7A of the Tiburon Municipal Code ("Ordinance"), establishing the
District and levying an assessment on lodging businesses within the District to promote tourism
and undertake the tourism-promoting activities described in the Resolution of Intention, all as
authorized by the Code;
3. On January 1, 2008, the Town and the Corporation entered into an agreement
whereby the Town would transfer ninety-nine percent (99%) of the assessment funds raised
under the Ordinance ("District Funds") and the Corporation would expend the District Funds for
the programs promoting tourism in the District, as set forth in the Resolution of Intention
("Original Agreement"). Pursuant to the Original Agreement and Section 7A-7 of the
Ordinance, the Town would retain up to one percent of the assessment funds to defray its
administrative expenses.
4. On April 6, 2011, at the request of the District Hotels and after compliance with the
procedures mandated by the Code, the Town amended the Ordinance to increase the District
assessment from one percent (I%) to two percent (2%) of gross room rental revenue.
5. The District Hotels have suggested, and the Town concurs, that the purposes of the
District would be better and more directly served if the District Funds were devoted to a more
locally-based effort to promote the Town's specific attractions as a desirable tourist destination.
t
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6. Section 3.1) of the Original Agreement provides that the parties can mutually agree to
terminate said agreement and the Town and the Corporation have agreed to end their current
contractual amicably, with the expectation of future opportunities to work together to promote
tourism in Marin County.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. TERMINATION OF ORIGINAL AGREEMENT. Effective ("Tennination
Date"), the Original Agreement shall be terminated and be of no further force and effect
except as otherwise provided herein.
2. REMAINING DISTRICT FUNDS. Any unexpended District Funds remaining in the
Corporation's possession as of the Termination Date shall be transferred to the Town.
3. FUTURE DISTRICT FUNDS. The Town will retain all District Funds assessed and levied
on or after the Termination Date and shall be fully responsible for the proper use of said
funds.
4. CONTINUING OBLIGATIONS. Notwithstanding anything in this Agreement to the
contrary, the provisions of Sections 3.B ("Indemnity and Hold Harmless") shall remain in
full force and effect after the Termination Date with respect to any claims arising before the
Termination Date.
5. GENERAL PROVISIONS
A. Attorneys Fees. If the services of any attorney are required by any party to secure the
performance of this Agreement, or otherwise upon the breach or default of either party, or
if any judicial remedy or arbitration is necessary to enforce or interpret any provision of
this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs
and other expenses, in addition to any other relief to which such party may be entitled. It
is understood that for purposes of calculating reasonable attorney fees for the Town, that
the Town Attorney's billing rates shall be calculated at the prevailing rate.
B. Governing Law. The laws of the State of California shall govern this Agreement and the
legal relations between the parties. In the event that any dispute arising concerning this
Agreement, the County of Marin shall be the venue for resolving such dispute.
C. Waiver. The waiver by any party to this Agreement of breach of any provision of this
Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach
of that or any other provision of this Agreement.
D. Entire Agreement. This document, including the Resolution and the Ordinance,
contains the entire Agreement between the parties and supercedes whatever oral or
written understanding they may have had prior to the execution of this Agreement.
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DRAFT
E. Severability. If any portion of this Agreement or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, the remainder of this
Agreement shall not be affected thereby and shall be enforced to the greatest extent
permitted by law.
F. Counterpart. This agreement may be executed in one or more counterparts, each of
which shall be deemed an original, and will become effective and binding upon the
parties at such time as all of the signatories hereto have signed a counterpart of this
Agreement. All counterparts so executed shall constitute one Agreement binding on all
of the parties hereto, notwithstanding that all of the parties are not signatory to the same
counterpart.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
MARIN CONVENTION AND VISITORS BUREAU
By:
President
TOWN OF TIBURON
By:
Margaret Curran, Town Manager
ATTEST:
Diane Crane Iacopi, Town Clerk
APPROVED AS TO FORM:
Ann Danforth, Town Attorney
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AGREEMENT BE'T'WEEN
THE MARIN CONVENTION AND VISITORS BUREAU
AND THE TOWN OF TIBURON TO
ADMINISTER THE TIBURON TOURISM BUSINESS
IMPRO'V'EMENT DISTRICT
THIS AGREEMENT, made and entered into this 1 day January, 2008, between the
TOWN OF TIBURON, a municipal corporation ("Town"), and the MARIN CONVENTION
VISITORS BUREAU (MCVB), a non-profit corporation ("Corporation");
RECITALS
WHEREAS, TOWN and CORPORATION recognize that it is in the best interests of
TOWN and CORPORA'T'ION to promote tourism development;
'WHEREAS, Section 36500 et seq. of the Streets and Highways Code of the State of
California (hereinafter "Code") authorizes Town to establish a Tourism Business Improvement
District ("District") to promote tourism;
WHEREAS, on June 6, 2007, at the request of lodging business owners within the Town
of Tiburon, he Town Council adopted Resolution No. 26-2007 ("Resolution"), declaring its
intention to form the Tiburon Tourism Business Improvement District and levy an assessment on
certain lodging businesses within the District (District);
WHEREAS, the the Town Council held public hearings on an ordinance to form the
District ("Ordinance") on August 15, 2007 and September 5, 2007, and receiving no objections,
adopted the Ordinance at the latter meeting;
WHEREAS, the Ordinance provides that the Town may contract with the Corporation to
provide District Services;
WHEREAS, the Corporation represents a large number of lodging business owners
within the County and possesses the capacity to provide tourism promotion, and the Town will
receive one Board of Directors seat within the Corporation during the time of participation with
the Corporation;
WHEREAS, the Town and the Corporation desire to enter into this Agreement to set
forth the roles and responsibilities of the parties with respect to providing District Services.
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. CORPORATION OBLIGATIONS. The Corporation's obligations under this Agreement
shall be-as follows:
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A. Provide District Services. The Corporation shall provide, manage and administer all
District Services and provide an annual District Budget Report, during the following time
periods (calendar years). The District Services are more fully described in Exhibit A,
which is attached hereto and incorporated herein by reference.
B. The Corporation shall be fully msponsible for developing, implementing, directing and
operating the District programs as described in this Agreement, the Resolution and the
Ordinance.
C. Budgets. The Corporation shall submit to the Town its annual report budget information
for which the yearly assessments are levied and collected. The Corporation shall prepare
the budget in accordance with this Agreement, the Resolution and Ordinance and all
applicable requirements of the County of Marin and shall submit it to the Town within
the first quarter of each calendar year.
D. Annual Reports. The Corporation shall prepare and submit to the Town an annual report
for each calendar year for which assessments have been levied and collected. The
Corporation shall prepare the report in accordance with this Agreement, the Resolution
and Ordinance and all applicable requirements of the County of Marin . Said report must
be submitted to the County of Marin on or before September 30 of each calendar year as
per agreement with of the County Board of Supervisors and shall be submitted to the
Town of Tiburon within 60 days thereafter.
E. Independent Audit J Financial review. Corporation shall employ, at its sole expense, the
services of a qualified independent Certified Public Accountant who shall annually
examine the books, records, inventories and reports of Corporation and its officers and
employces who receive, handle or disburse funds obtained by Corporation from Town
pursuant to this Agreement. The Corporation shall have this review (rather than a full
audit) annually. The Corporation will perform a full audit whenever requested by the
Town Manager.
F'_ Subcontracts. The Corporation shall administer all subcontracts necessary for providing
the District Services. The Corporation assumes responsibility for the contracting of, and
payment for, all support services as may be required. The Corporation shall comply with
all applicable State and Town laws and regulations.
G. Other Programs. The Corporation will continue to look for ways to improve the District
and enhance business opportunities for all District lodging businesses and the community
and business resources within the Town.
H. Assessment Records. The Corporation shall maintain a complete database, current to the
most recent tax year available, of all lodging businesses within the District. Said
database shall contain the following information for each lodging business: the address of
the lodging business and the name and address of the owner of the lodging business.
Said database shall be updated-at-least once each year during District operations to reflect
changed conditions and to accurately reflect the status of the lodging businesses. The
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Town shall provide assistance in compiling information relative to lodging businesses in
the Distract.
1. Insurance Requirements. During the term of this Agreement, the Corporation shall
maintain the following minimum insurance requirements:
(1) A comprehensive general liability insurance with minimum limits of $1,000,000
combined single limit (CSL), or $1,000,000 bodily injury per occurrence and
5300,000 property damage per occurrence covering all bodily injury and property
damage arising out of its operations, activities andlor special events, under this
Agreement.
(2) For vehicles owned by the corporation, automobile insurance covering all bodily
injury and property liability incurred during the performance of this Agreement with
minimum coverage of $250,000 for property damage per accident, $500,000 for
bodily injury for each person, and not less than $2,000,000 for bodily injury per
accident; or $1,000,000 per accident combined single limit (CSL).
(3) Workers' compensation insurance covering all the Corporation's employees.
Said policies shall name Town as an additional insured and shall constitute primary, non-
contributory insurance as to Town, and their officers, agents and employees, so that any
other policies held by Town shall not contribute to any loss under said insurance under
the stated limits. Said policies shall provide for thirty (30) days prior written notice to
Town of cancellation or material change.
The Corporation will submit certificates and endorsements, or other sufficient proof of
compliance with these insurance provisions to the Town Attorney within 10 days of the
date of this Agreement.
J. Corporation Status. The Corporation shall perform its obligations tinder this Agreement
and shall be responsible for any federal, state, and local taxes and fees applicable to
payments made to the Corporation hereunder. The Corporation shall take all actions
necessary to maintain itself as a corporation in good standing with the State of California.
Acting in the capacity Town of an independent contractor, the Corporation's employees
and subcontractors are not Town employees and are not entitled to or eligible for any
benefits provided by the Town.
K. Assignment. The Corporation covenants and agrees that it will not assign or transfer its
rights or obligations under this Agreement, either in whole or part., without first obtaining
the written consent of the Town; such consent must be granted or denied at the sole
discretion of the Town. Any attempt by the Corporation to assign or transfer its rights or
obligations without such written consent shall be null and void.
L. Assets of the District. Pursuant to State law-, in the event that the District is
disestablished or otherwise discontinued, then the existing assets shall only be used: (1)
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to pay the Town any outstanding sums due to it from the District; and, (2) said assets
shall be dispersed only to the owners of assessed lodging businesses in the District, in
amounts proportionate to the amounts of assessments paid.
M. Independent Contractor. Corporation (including the Corporations' employees) and the
Corporation president are independent contractors and no relationship of employer-
employee exists between the parties hereto; and specifically between the Town and the
Corporation President.
The Corporation President and/or the Corporation's assigned personnel shall not be
entitled to any benefits payable to employees of the Town. The Town is not required
to make any deductions or withholdings from the compensation payable to the
Corporation under the provisions of the Agreement and neither is required to issue
W-2 Forms for income and employment tax purposes for any of the Corporations'
assigned personnel.
The Corporation hereby indemnifies and holds the Town harmless from any and all
claims that may be made against the Town based on any contention by a third party
that an employer-employee relationship exists by reason of this agreement.
N. Corporation Not Agent of the Town. Neither the Corporation nor any of the
Corporation's employees, agents, representatives or subcontractors are or shall be
considered to be agents of the Town in connection with the performance of the
Corporation's obligations under this Agreement, or for any other purpose.
0. Conflicts of Interest. The Corporation and the Corporation President certify as of the
date of execution of this Agreement they do not have any actual, apparent, or potential
conflicts of interest relative to the service to be provided pursuant to this Agreement. The
Corporation and the Corporation President shall advise the Town of any actual apparent,
or potential conflicts of interest that may develop subsequent to the date of execution of
this Agreement.
2. TOWN OBLIGATIONS. The Town's obligations under this agreement shall be as follows:
A. The Town shall effect the timely collection of the annual assessments from lodging
businesses within the Town; provide general assistance, clarification, or information to
the Corporation, the assessed lodging businesses and the public at large; maintain an
ongoing liaison with the Corporation, including the coordination of services from various
Town departments; authorize supplemental assessments, adjusted assessments,
exemptions, reductions or rcfunds to be issued by the Town; and, direct the disbursement
of assessment funds to be made to the Corporation to fund District Services.
Notwithstanding anything in this Agreement, the Town shall have the right To retain a
portion of the assessment funds to recover its administrative costs, as provided in the
Ordinance.
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B. Billings and Collections. The Town will coordinate the levy, the placement, and the
collection of all assessments for the District.
C. Disbursements to the Corporation. The Town shall disburse assessments collected from
lodging businesses within the District to the Corporation on a quarterly basis, no later
than March 30`h, June 30th, September 300` and December 300' of each year.
D. Collcction / Enforcement. The Town shall be responsible for the collection of
assessments. The Corporation shall cooperate with the Town in the collection of any past
due charges and will assist the "town by attending all court appearances that may be
required.
3. GENERAL PROVISIONS
A. General Fund Not Liable. Neither the General Fund of the Town nor any other fund or
monies of the Town, except for the actual District assessments received, shall be liable
for payment of any obligations arising from the Agreement. Said obligations are not
debts of the Town, nor a legal or equitable pledge, charge, lien or encumbrance upon any
of their property or upon the income, receipt or revenues. This Agreement embodies all
of the Corporation's reimbursement rights and no further note or other document shall be
required to be executed by the Town.
B, Indemnification and Hold Harmless. To the fullest extent permitted by law, the
Corporation shall defend, indemnify, and hold harmless the Town, and their officers,
employees, and agents from and against all losses and expenses (including reasonable
attorneys' fees) incurred by reason of liability imposed by law upon the Town for
property damage, personal injury, or bodily injury, including death, at any time resulting
therefrom, sustained by any person or persons on account of damage to person or
property, including loss of use thereof, arising out of or in the consequence of the
Corporation's performance pursuant to this Agreement, provided such injuries to persons
or damage to property are due to the Corporation's willful or negligent acts or omissions
of the Corporation.
To the fullest extent permitted by law, the Town shall defend, indemnify, and hold
harmless the Corporation, its officers, employees, and agents from and against all losses
and expenses (including reasonable attorneys' fees) incurred by reason of liability
imposed by law upon the Corporation for property damage, personal injury, or bodily
injury, including death, at any time resulting therefrom, sustained by any person or
persons on account of damage to person or property, including loss of use thereof, arising
out of or in consequence of the performance of this Agreement, provided such injuries to
persons or damage to property are due to the negligent acts or omissions of the Town.
For purposes of this Paragraph I.H, references to the Corporation and to the Town shall
include their respective officers, employees, agents, volunteers, or any other persons
under the their respective direct supervision and control, or of its subcontractors, or any
one directly or indirectly employed by either of them.
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C. Notices. Any notice, tender, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given when delivered
or mailed in the manner provided in this paragraph to the following persons:
Town: Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
Corporation: Marin Convention and Visitors Bureau
I Mitchell Blvd, Suite B
San Rafael, CA 94903
Attn: President
Any party may change that party's address for these purposes by giving written notice of
the change to the other party in the manner provided in this section. If sent by mail, any
notice or other conununication shall be effective 48 hours after it has been deposited in
the United States mail, with postage prepaid, and addressed as set forth above.
D. Terre, Termination and Amendments. The term of this Agreement shall be from the date
of execution first noted until otherwise revised, unless the District is terminated earlier in
which case this Agreement shall otherwise terminate. The Corporation may request an
extension of the ending date in order to allow the Corporation to expend remaining
District funds for District Services in the event that all District funds are not received and
spent by December 3,1, 2010 or other earlier termination date. Said extension of the
ending date of this Agreement shall not be effective except by mutual agreement of the
parties and set forth in writing, signed by both parties. A failure to object to a breach of
this Agreement shall not constitute an amendment thereof, nor shall it waive any future
breach of this Agreement. If the Town finds there has been misappropriation of fimds,
malfeasance, or a violation of law in concoction with the management of the District
pursuant to Streets and Highways code section 36670, the Town may also terminate this
Agreement by mailing a notice in writing to the Corporation, giving the Corporation sixty
(60) days' notice of the Town's intent to so terminate. The termination shall be effective
on the 61 st day after providing such notice. This Agreement shall then be deemed
terminated, and no further funding shall be allocated by the Town to the Corporation.
D. Attorneys Fees. If the services of any attorney are required by any party to secure the
performance of this Agreement, or otherwise upon the breach or default of either party, or
if any judicial remedy or arbitration is necessary to enforce or intcrpret any provision of
this Agreement, the prevailing party shall be entitled to reasonable attorney fees, costs
and other expenses, in addition to any other relief to which such party may be entitled- It
is understood that for purposes of calculating reasonable attorney fees for the Town, that
the 'M'own Attorney's billing rates shall be calculated at the prevailing rate.
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E. Governing Law. The laws of the State of California shall govern this Agreement and the
legal relations between the parties. In the event that any dispute arising concerning this
Agreement, the County of Marin shall be the venue for resolving such dispute.
F. Waiver. The waiver by any party to this Agreement of breach of any provision of this
Agreement shall not be deemed a continuing waiver or a waiver of any subsequent breach
of that or any other provision of this Agreement.
G. Entire Agreement. This document, including the Resolution and the Ordinance, contains
the entire Agreement between the parties and supersedes whatever oral or written
understanding they may have had prior to the execution of this Agreement.
H. Severability. If any portion of this Agreement or the application thereof to any person or
circumstance shall be invalid or unenforceable to any extent, the rernainder of this
Agreement shall not be affected thereby and shall be enforced to the greatest extent
permitted by law.
1. Counterpart. This agreement may be executed in one or more counterparts, each of
which shall be deemed an original, and will become effective and binding upon the
parties at such time as all of the signatories hereto have signed a counterpart of this
Agreement. All counterparts so executed shall constitute one Agreement binding on all
of the parties hereto, notwithstanding that all of the parties are not signatory to the same
counterpart.
IN WITNESS VMEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
MAR1N CONVENTION AND VISITORS BUREAU
By: I
President
TOWN OF TIBURON
By:
Margaret rran, Town Manager
ATTEST:
Diane Crane-lacopi, Town Clerk
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APPROVED AS TO FORM:
G .r
Ann Danforth, T ` Attorney
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Exhibit A
SCOPE OF SER'V'ICES
1. The Corporation will fund projects, and activities that benefit the lodging establishments
within the Tiburon Tourism Business Improvement District ("TTBID")and within the
Town of Tiburon. This includes promotion of the TTBID region as on overnight tourism
destination (particularly mid-week and during the off-season), plus the development of a
tourism management program and the provision direct visitor services. These services
shall be rendered under the direction of the Advisory Board of the Marin County Tourism
Business Improvement District ("MCTBID"), which shall include at least one
representative from the TTBID.
2. The Corporation will develop and maintain financial records related to receipt and/or
expenditures of all funds received from the Town and/or the TT'BiD. The Town has the
right to audit said funds at any time.
3. By October, 2008, the Corporation shall submit to the Town Manager or her/his designee,
for Town Council approval, a summary report on actual expenditures and program
accomplishments during the term of the contract.
4. By October 30, 2008, the Corporation shall submit summary reports concerning actual
expenses and program accomplishments during the term of this contract to each
participating city.
5. By October 30, 2008, the MCTTBID Advisory Board shall also submit to the Town
Clerk, and to the Town Manager, that information as required by the State Street and
Highways Code, Section 36533 - 36542 (see attached) pertaining to the continuance of
the 'fBID and the levy of assessments for the 2008 calendar year. The Corporation shall
have full responsibility for preparation of information and its costs required for
continuation of TTBID and the levying and collection of assessment, including non-
Town legal assistance.
b. By October 30, 2008, preparation of a proposed Scope of Services for a 2009 the
Corporation /Town Agreement after consultation with the Town.
7. Without limiting the foregoing, the Town will realize the following benefits:
a) The Corporation will dedicate 100% funding of the funds that the Town pays
pursuant to this agreement to promoting tourism in Tiburon.
b) The Town's representation on the MCTBID will be equal to that of MCTBID
members,
c) The Corporation will establish a website presence, with links to information
regarding the Town's tourism-related businesses.
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T-686 P011/011 F-477
d) The Corporation will provide direct referrals to Town's tourism-related
businesses.
e) The Corporation will provide trade show opportunities/exposure
} The Corporation will create and circulate support materials included in fiflfillment
packages
g) The Corporation will create co-op promotional opportunities.
h) The Corporation will create networking/marketing opportunities with other
members.
i) The Corporation will create information regarding the Town's-tourism-related
businesses at industry/statelregional events.
J) The Corporation will create'and maintain resources contact/information database.
k) The Corporation will create and maintain marketing/advertising opportunities on
a local, regional and national level.
I) The Corporation will create and maintain marketing exposure for both vacationers
and business travelers.
m) The Corporation will represent the Town with other associations to promote
tourism within the Town.
n) The Corporation will keep a list of available rooms in the Town at the visitor's
center.
o) The Corporation will represent the Town at public meetings, events and other
functions that could stimulate tourism within the Town.
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