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HomeMy WebLinkAboutTC Agd Pkt 2013-04-17TOWN Or TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council April 17, 2013 Regular Meeting - 7:30 p.m. Closed Session - 6:45 p.m. Interview - 7:15 p.m. TIBURON TOWN COUNCIL CLOSED SESSION - (6:45 p.m.) CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1 claim INTERVIEW - (For vacancy on Heritage & Arts Commission) 7:15 p.m. - Phillip Ramirez CALL TO ORDER AND ROLL CALL Councilm.ember 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. PRESENTATION Marin Clean Energy award of "Green Power Community" designation to Town of Tiburon (Justin Kudo, Marin Clean Energy) 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 March 6, 2013 meeting (Town Clerk Crane Iacopi) 2. Lyford Drive Parking Project - Adopt resolution accepting project as complete and authorize filing of Notice of Completion (Director of Public Works/Town Engineer Nguyen) 3. League of California Cities - Authorize Vice Mayor Fredericks to act as voting delegate for proposed League of California Cities Bylaws Amendments (Town Clerk Crane Iacopi) 4. Downtown Restrooms - Approve agreement with Sam's Anchor Cafe for maintenance of downtown restrooms and contribution to restroom renovation (Town Attorney Danforth) ACTION ITEMS 1. Marin Telecommunications Agency - Recommendation to adopt resolution authorizing the Mayor to Execute the First Amendment to the Agreement of the Formation of the Marin Telecommunications Agency (Town Attorney Danforth) 2. Appointments to Town Boards and Commissions - Consider appointments to fill vacancies on the Heritage &t Arts Commission, Design Review Board, and Planning Commission (Town Clerk Crane Iacopi) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -March 22 &z 29, 2013 • Town Council Weekly Digest -April 5 & 12, 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 COUNCIL MINUTES CALL TO ORDER Mayor O'DonnejI called the lee lar meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday( March 6, 2013 'in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT' COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell Collins PRESENT: EX OFFICIO: ORAL COMMUNICATIONS None. CONSENT CALENDAR Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Building Official Lustenberger 1. Town Investment Summary - Accept report for January, 2013 (Director of Administrative Services Bigall) 2. Security Cameras - Accept annual report for security cameras located on Tiburon Boulevard and Trestle Glen Boulevard (Chief of Police Cronin) MOTION: To adopt Consent Calendar Item Nos. 1 and 2, as written. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Collins ACTION ITEMS 1. 1 Blackfield Drive, Suite F through P - Consideration application for a flood variance for proposed improvements at the Cove Shopping Center (Director of Community Development Anderson) Owner: Cove Shopping Center Inc. Applicant: Paradise Foods -Assesspr Parcel No.: 034-212-18 ~D~R_A_F_~.~' oT wn Council Minutes #xx -2013 March 6, 2013 Page 1 Director of Community Development Anderson said that Paradise Foods is in the process of upgrading, expanding, and occupying the vacant grocery market space in the Cove Shopping Center. He said the interior and exterior improvements were valued at approximately $4 million dollars. In addition, Anderson said that because the building the building is located in a FEMA- designated special flood hazard zone and the value of the proposed improvements exceeds 50% of the current appraised value of the building, a variance form the Town's flood damage prevention regulations is required before the Town can issue a building permit for the new construction. Anderson said that the Cove Center and portions of the surrounding Bel Aire neighborhood have experienced episodic flooding during the roughly 60 years since they were developed, usually when high tides coincide with unusually heavy rainfall during severe storms. He said that ponding and inundation can occur until the tide goes out, at which time the site drains normally again. The Director said that the Town, as part of its membership in the National Flood Insurance Program (NFIP), is required to maintain and enforce flood damage prevention. He said that membership in the NFIP also requires that the lowest floor level of new buildings and substantially-improved buildings be located at least "one foot above the base flood elevation" as set forth on the FEMA flood maps. Anderson said that partly in response to rising sea levels, the Town of Tiburon increased its standard in 2007 to "two feet above the base flood elevation" for new buildings and substantially-improved buildings. In 2009, Anderson said FEMA released updated flood insurance rate maps for the peninsula that more clearly depict the limit of areas subject to inundation during a 100-year storm event; these new maps continue to show the entire Cove Shopping Center within the 100-year flood zone. A base flood elevation (BFE) of 9 feet has been established by the 2009 maps for the vicinity of the Cove Shopping Center, using the North American Vertical Datum (NAVD 1988). Thus, Anderson said a new or substantially improved building located at the Cove Shopping Center would need to have a minimum finished floor level of 11 feet NAVD under current Town regulations, and a minimum finished floor level of 10 feet NAVD under current federal regulations. Both sets of regulations require that "the entire building" be raised above the base flood level if newly-constructed or part of substantial improvement project. The Director said the applicant is requesting a variance from the requirement to raise the entire building above the required minimum of 11 feet NAVD. This request entails a variance ranging from approximately 4 i/2 inches (at the Paradise Foods portion of the building) to over 3 1/2 feet in height (for the building wings to either side of the Paradise Foods portion) for various portions of the affected building. In addition, Anderson said the applicant has provided a detailed description and analysis of the proposed improvement project and has addressed each of the required items and findings set forth in the Town's flood damage prevention ordinance. Town Council Minutes #xx -2013 March 6, 2013 Page 2 Director Anderson described three primary options that could be considered by the Council with respect to the variance request: 1) Grant the requested variance. The extent of the variance would range from approximately 4.5 inches to 3.6 feet. Under this option, no raising of existing finished floor levels within the building would be required, and no flood-proofing of any portion of the building would be required. Anderson noted that the variance approval can be conditioned such that the potential for property damage for the grocery store portion of the building can be minimized through relatively simple measures, such as ensuring that merchandise, electrical boxes, and mechanical equipment are elevated at least 4.5 inches above the finished floor level. Conditions to this effect are included in the draft'resolution. 2) Grant a partial variance applying only to the two "wings", which are considerably lower than the grocery store's finished floor level. Under this scenario, Paradise Foods would either need to raise the finished floor level of its leased area by approximately 4.5 inches, or install "flood- proofing" around the entire perimeter of its leased area. Anderson said that the applicant indicates there are technical difficulties to implementing this option, as the existing floor slab may be unable to support the additional weight of the new slab; the weight of the new slab may increase the rate of settlement of the original slab; and existing perimeter walls could not be raised to match the new floor level without complete structural removal and reinstallation. Similarly, flood-proofing of the existing exterior walls and doors would require extensive modification (if not reconstruction) of the perimeter walls and would negatively impact surrounding tenants. This option would not improve flooding potential at the lower-lying portions of the building, which are the most likely portions to suffer flood damage. It would slightly reduce flood damage potential on the highest portions of the building, which already exceed the federal (but not local) standard for clearance above the base flood elevation. 3) Deny the variance request. Under this option, Anderson said the entire building would need to be raised, or the entire building would need to be flood-proofed. Town staff does not consider either to be a viable alternative course of action as all other tenants in the building would be forced out while the work was being performed. Negative impacts would be extensive and widespread throughout the Center, and the closure would disrupt the provision of services from the shopping center to the surrounding community. Anderson noted that the type of flooding that has occurred in the shopping center historically has been short-term inundation of the parking lot and water intrusion into some tenant spaces due to combined high tides, heavy rains and excessive run-off from the watershed. Property damage has occurred but loss of life has not been threatened. The installation of pump stations and the making of improvements to drainageways in the area (all performed by the Marin County Flood Control District #4) have dramatically reduced both the frequency and severity of flooding in the Bel Aire neighborhood over the years. Town Council Minutes #xx -2013 March 6, 2013 Page 3 Anderson said that sea level rise is an increasingly-recognized threat to coastal and bay-front areas worldwide. Given the scale of areas potentially affected by sea-level rise (even in the Bay Area alone) adaptation strategies for existing developed areas have focused on possible construction of seawalls, dikes, expanded wetland buffers, and combinations thereof as possible solutions. Reconstruction of individual buildings to higher finished floor elevations on a piece- meal basis is seen as, at best, a partial and uneven solution given the lifetime of buildings, roadways, infrastructure, and other improvements that fonn the connective fabric of modern urbanized areas. In closing, Director Anderson said that staff recommended adoption of a resolution granting conditional approval of the variance, after receiving a presentation from the applicant and any public comment. Councilmember Fredericks asked how private properties could come into compliance with Town and FEMA regulations. She said that if the duty falls on the lessee rather than the building owner, was there really any clear path to achieve compliance. Anderson said that in this case, the property owner had to sign off on the application and that it was common for a tenant to ask the owner for assistance. Fredericks commented that it was part of the bargaining process, then, although it did not seem fair somehow for the lessee to shoulder the full burden of compliance. Referring to the staff report, Fredericks asked how one would go about waterproofing walls that were below flood level. Building Official Lustenberger replied that in a 50-year old building such as this, it would be virtually impossible to do so. He said that in newly constructed building, watertight doors would be installed, as well as other methods of sealing the building. He said that in cases like this, the floor would most likely need to be elevated above flood level. Councilmember Fraser asked whether the variance was site specific. Anderson said yes, it was site specific and that a variance would be recorded against the property. Councilmember Fraser asked whether this [kind of variance] had been granted by the Town previously and whether there was any impact on the national flood insurance program as a result. Anderson said that the Town has not previously issued any flood variances. He said he did not know whether the property owner had flood insurance, but said that potentially it could raise their rates. Fraser asked if the Town could be adversely in other ways. Anderson said that he did not believe the granting of a single flood variance would have any impact on the Town's status in the National Flood Insurance Program or any other effect. Fredericks asked if there was a change in lessee or a change in use, the flood variance, if granted, would result in the building never being raised above the flood plain. Anderson said that was not how the process worked. He said if another improvement project came before the Town in that location, the application review process would be repeated, and another variance could be granted or the entire building could be raised at that time. Town Council Minutes #xx -2013 March 6, 2013 Page 4 Fraser asked about the NAVD, and definition of mean high tide, and whether the terms were the same. Anderson said he did know all the complexities of the calculations, but said he thought that the mean high tide was in the ballpark of 4-1/2 feet on the Tiburon Peninsula using NAVD data. He said it varied slightly from location to location on the peninsula. Councilmember Doyle asked why the rest of the building was included if Paradise Food was only occupying the center part of that space. Anderson said that FEMA's goal is to remove buildings from the flood hazard category, and that they apply their rules on a building-by-building basis in order to capture the most occupied space and reduce flood damage and insurance claims. The FEMA rules apply to entire buildings and not to portions of them. Sean Kennings, a planning consultant retained by Paradise Foods, described the work performed by his company in preparing the variance application and spoke in favor of the granting of the variance. He also introduced Tim Shell, the architect who prepared the Paradise Food drawings approved by the Design Review Board. Kennings said that he had worked with Community Development Director Anderson during the application process to resolve many of the same questions posed by the Council. He noted that the FEMA requirement is one foot above finished floor elevation and that each corner of the building was 10.63 feet [and the NAVD flood elevation is 11 feet in that location] which made the variance request actually only 4-1/2 inches for the Paradise Foods portion of the building. Kennings said that Flood District No. 4 operates and maintains the pump building adjacent to the property and had reported only one instance of flooding, in 2005, when packing peanuts from the UPS store got stuck in the machinery. Mr. Shell described the need for a full variance and the measures to be taken by Paradise Foods to secure any outdoor accessories, such as shopping carts, when a high tide (or King Tide) might occur. Mayor O'Donnell closed the public hearing and asked for Council comments. Councilmember Doyle said it made no sense to raise the building portions to the left and right of Paradise Foods, therefore Option Nos. 2 and 3 in the staff report were not viable. He said that a variance for the market seemed appropriate and that everything appeared to be already elevated in that portion of the building. He said he would vote to approve Option No. 1. Councilmember Fredericks said that she, too, was ready to proceed with adoption of the variance. Mayor O'Donnell said he was looking forward to the opening of the market. MOTION: To adopt resolution approving flood variance. Moved: Doyle, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Collins Town Council Minutes #.xx -2013 March 6, 2013 Page 5 2. Public Restrooms at 23-25 Main Street - Recommendation to approve an agreement with Zelinsky Properties to lease public restrooms in the downtown; Authorize Town Manager to negotiate and execute agreement with State Parks; Approve plans and specifications and authorize solicitation for bids (Town Attorney Danforth) Town Attorney Danforth said the public restrooms located at 23-25 Main Street have served customers of Sam's Anchor Cafe, Angel Island Ferry and the general public since 1996. She said the State of California leases the restrooms from Zelinsky Properties which have been maintained by Sam's, with financial contributions from Angel Island Ferry, the Chamber of Commerce and the Town. Danforth said the State's lease will expire in 2014 and the State has decided not to renew it. To ensure that'the facilities remain available to downtown visitors, she said the Town has negotiated a new lease with Zelinsky Properties, noting that the Town intends to perform much-needed renovation of the facilities, which will greatly enhance their appearance and comfort. In addition, Danforth said that Steve Sears, Sam's owner, has agreed to continue maintaining the bathrooms and contribute to the capital improvements. She added that staff is currently preparing an agreement to document that commitment. Danforth also noted that there is a tentative agreement with the State to end its lease before the 2014 expiration date, with the State paying the Town the rental amount that would otherwise be due to the landlord under the lease. Finally, she said, the Town is negotiating agreements with Angel Island Ferry and Blue and Gold to contribute to the on-going costs of leasing the bathrooms. Danforth described the terms of the 20-year lease. She said the initial rent would be $700 per month, with a 4% increase every two years. She noted this was slightly greater than the State's current monthly payment of $684. She also said that Zelinksy Properties requires a triple-net lease which means that the Town would be responsible for the utilities, insurance, taxes and other costs. She estimated the initial annual costs as follows: Rent: $8,400; Insurance: $395; Water: $2,700; Electricity: $721; Real Estate Taxes: $1,648; Annual Sanitary District No. 5 Assessment: $5,470, for a total amount of $19,334. Danforth said that staff was negotiating with the parties to help offset these costs. Other significant provisions of the lease described by the Town Attorney: 1. The Town is responsible for maintaining the premises, including the fixtures, plumbing, sewer and gas lines and HVAC. 2. The Town will indemnify, defend and hold the landlord harmless from any claims arising from the use of the premises. 3. The premises will be covered by the Town's ABAG plan at no additional cost to the Town. 4. The Town will be responsible for the premises' proportionate share of other expenses provided jointly to the entire property, such as refuse collection and recycling (she said Town Council Minutes #xx -2013 March 6, 2013 Page 6 this would be included in the Sam's maintenance contract and that staff had calculated the proportionate share to be 2.9%, based on square footage). Danforth said that staff recommended completing the bathroom improvements before the next tourist season if possible. She said that a new agreement being negotiated between the State and Zelinksy Properties would ask the State would pay the equivalent of $684 per month until the term expiration date. Danforth said that the next step to make the improvements would be to approve the plans and specifications and authorize Town staff to go out to bid. Therefore, she recommended that the Council take the following actions: 1. 'Move to approve the attached Lease Agreement with Zelinsky Properties and authorize the Town Manager to sign it. 2. Move to authorize the Town Manager to negotiate and execute an agreement with the State of California and Zelinsky Properties terminating the lease of March 6, 1996. 3. Find the project exempt from CEQA pursuant to Section 15301 of the CEQA Guidelines. 4. Move to approve the draft plans and specifications; and 5. Move to authorize the solicitation of bids. Mayor O'Donnell asked for Council comments. Councilmember Doyle asked about the Sanitary District assessment and how it was calculated. Danforth said that it was calculated on the same basis as a residential service based on fixtures, but differently than restaurants, for instance, which would incur higher charges for the amount of usage and treatment. Mayor O'Donnell asked who paid the Sanitary District Assessment now. The Town Attorney said that the State has paid it. Councilmember Doyle asked if any cost savings could be achieved because the Town's plans called for low-flow toilets. He also noted there were fixtures such as no-water urinals that might be utilized. Town Manager Curran said that the architects had gone to some lengths to ensure that the plans were energy and water efficiency. She offered to make further inquiries about the no-water urinals. Mayor O'Donnell asked whether the number of fixtures in the new restrooms were greater or fewer than the current restrooms. The Town Manager said she believed the number was the same. Mayor O'Donnell also asked about insurance costs and noted the Town Attorney had said the Town's costs would not increase. Town Attorney Danforth said that the Town's improvements would be covered under the ABAG plan, as previously noted, but said that property damage and Town Council Minutes #xx -2013 March 6, 2013 Page 7 causality insurances were needed and that the cost was estimated on square footage of the area. Councilmember Doyle said the new restrooms were needed and would be good for the downtown area. Councilmember Fraser agreed, but said that the escalator clause of 4% compounded over time seemed high. He said he had seen leases which based the escalator on the CPI, or a maximum of 4%. He asked that Town staff pursue this with the landlord. Councilmember Fredericks asked if triple-net leases were common and whether a remodel of the restrooms would trigger a reassessment of the property. Town Attorney Danforth said that Councilmember Collins had advised her that triple-net leases were common in his experience. She also noted that the Town's leased improvements are tax exempt and that she did not think the property owner's taxes would go up very little if at all, as the property in question had been reassessed 'following the recent subsequent division of property. Mayor O'Donnell opened the item to public comment. There was no public comment. MOTION: To approve the five actions in the Staff recommendation, as written, except to first make further inquiry into the terms of the escalator clause of the Lease with Zelinksy Properties. Moved: Fredericks, seconded by Fraser Vote: AYES: Unanimous ABSENT: Collins 3. Annual General Plan Implementation Status Report - Consider adoption of the annual report for calendar year 2012 (Director of Community Development Anderson) Director of Community Development Anderson gave the report. He said this year staff had underlined for easy identification all commentary added or amended for the current year report as compared to the prior year's report. Anderson said that Government Code Section 65400(b)(1) requires that an annual report be prepared by the planning agency of each town or city, which is then forwarded to the appropriate legislative body, on the status of the General Plan and progress in its implementation. In Tiburon, Anderson said the "planning agency" is the Planning Commission. The statute also requires a progress report on meeting the community's regional fair share housing allocations. The accepted Annual Report must be forwarded to two state agencies by April 1 of each year. The Director said Exhibit 1 to the staff report sets forth the General Plan programs and describes progress by the Town in the implementation of those programs subsequent to the adoption of the General Plan in 2005, or in the case of the Housing Element, since its adoption in 2012. Anderson noted that the Housing Element program section is entirely new material (based on the freshly-adopted Element) and is formatted differently to reflect state law requirements for housing element reporting. He said that progress was made on a broad range of implementation programs Town Council Minutes #xx -2013 March 6, 2013 Page 8 across the various Elements during 2012, with no single area or Element standing out. The Director said the Planning Commission reviewed the report at its meeting of February 13, 2013 and recommended acceptance as presented to the Town Council. He asked for questions or comments from Council prior to the recommended adoption of the report. Mayor O'Donnell had two questions about the Land Use Element. He noted that it stated that the use of 20A underground funds "had been completed." Director Anderson clarified the meaning of that statement as the fact that the Town Council had adopted a resolution identifying the priority locations for use of Rule 20A funds, versus the actual completion of the work. Mayor O'Donnell also asked about the Downtown Element (DT), page 7, which describes a possible traffic signal at Mar West Street and Tiburon Boulevard but no mention of a possible traffic circle (roundabout). Director Anderson said the roundabout was mentioned immediately following in DT-Q. Councilmember Doyle noted that staff had recently recommended the hiring of a consultant to create an updated use policy for McKegney Green. He asked if this was included in the Parks & Recreation Element. Director Anderson said that was more of a policy matter versus an implementation program; therefore it did not appear in the element. Vice Mayor Fredericks asked whether there was any interest or impetus in the historical designation of the Railroad Palm tree because she noted that it was a program listed in the General Plan. Director Anderson said that Council had received a letter in the Digest from the Green Team recommending adoption of a resolution designating the palm tree as a protected tree. He said that staff had previously recommended to the Green Team that the property owner be contacted first, as a courtesy, but that it was not a requirement to proceed. He said the Council could, however, recommend that staff proceed at this juncture. Mayor O'Donnell said he had been told that the Railroad Palm had already been "preserved". Anderson said that this notion may have come out of an arrangement to preserve it through relocation; however, he was unaware of any formal historical designation or other preservation mechanism currently in place. Vice Mayor Fredericks said there was an interest in the historical designation but agreed that the property owner should be given the courtesy of notification and responding first. The Vice Mayor also raised the issue of the relinquishment of Tiburon Boulevard and whether the use of Town resources for that purpose might divert funds previously envisioned for other purposes. Specifically, she mentioned the possibility of having to annex the Martha Property or possibly Rabin property, in future, and the need for funding to maintain Paradise Drive in either of those locations. She said that this should be taken into account in any further discussions of the overall costs and benefits of relinquishment. Town Council Minutes #xx -2013 March 6, 2013 Page 9 Fredericks said the relinquishment process was indeed underway and that the bill had now been given a number, SB 747, introduced on February 21, 2013, and that it had been referred to committee. She raised this to illustrate that the process was moving ahead and possibly much faster than anticipated. The Mayor asked whether the Town had agreed to the annexation of the Martha and Rabin properties. Director Anderson said that the Martha MOU was silent on annexation; Town Manager Curran noted that the MOU would require the Martha Company to annex to the Town but that the Town is not required to annex the property. Anderson noted that the Town had agreed to take over the Rabin property frontage along Paradise Drive. Councilmeinber Fraser noted that the Town still had to go through the Caltrans PSSR process prior to making any decisions about Tiburon Boulevard. The Town Manager also noted that the Town would be able to control the speed of the legislation, during its 2-year cycle, and even go so far as to ask the Governor not to sign the bill. The Town Attorney said the Town could also "park it" in committee. The Town Manager also said the PSSR study would provide information the Town needed prior to making any further decisions. MOTION: To accept the updated report Moved: Fraser, seconded by Fredericks. Vote: AYES: Unanimous ABSENT: Collins TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - February 22, 2013 • Town Council Weekly Digest - March 1, 2013 Town Council Minutes #xx -2013 March 6, 2013 Page 10 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor O'Donnell adjourned the meeting at 8:15 p.m. EMMETT O'DONNELL, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #xa -2013 March 6, 2013 Page 11 To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Department of Public Works Town Council Meeting April 17, 2013 Agenda Item: A~jlf Z Recommendation To Accept The Lyford Drive Multi-Modal Parking Lot Project And Authorize The Filing Of The Notice Of Completion For The Work On May 2, 2012, the Council authorized staff to advertise and seek bids for the construction of the Lyford Drive Multi-Modal Parking Lot Project. The project was posted and advertised as required by the State of California's Public Contract Code. In addition to the required advertising notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids were opened on July 2, 2012. The contract was awarded to Michael Paul Company, Inc. on July 18, 2012 in the amount of $789,008, plus $120,000 for contingency. Work consisted of construction of a paved parking lot and bus stop on Tiburon Blvd., SR 131 at the intersection of Lyford Drive. The project included grading, paving, constructing sidewalk, curb and gutter, and a retaining wall, striping, signing, lighting, landscaping, and related work, including traffic control and water pollution control. The work will also consisted of undergrounding existing PG&E utilities within the project site. The work was substantially completed on February 20, 2013, and included change orders for unforeseen items in the total amount of $51,182.68. Based on the work performed, material installed, and total change orders, the final construction project cost is $851,898.40. Due to inclement weather and extensive PG&E coordination, the project experienced minor delays resulting in additional need for construction management services in the amount of $8,188. The construction project came in under the awarded budget. Sufficient funds have been programmed in the FY 2012-2013 year to cover the project. J ov"n Council Niectina RECOMMENDATION Staff recommends that the Town Council: Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council, and upon completion of the 35 day period, release the retention funds to the contractor pending release of any stop notices or Town claims. Exhibits: Resolution Accepting The Lyford Drive Multi-Modal Parking Lot Project, And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer T(i',VN i-)F IRI ZON Page 2 of''. RESOLUTION NO. : - 2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE LYFORD DRIVE MULTI-MODAL PARKING LOT PROJECT, AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK WHEREAS, The Town Council budgeted funds in Fiscal Year 2012-13 to complete the project; WHEREAS, Michael Paul Company, Inc. was awarded the contract on July 18, 2012 to perform the work; WHEREAS, The construction of the project was substantially completed under budget on February 20, 2013; and WHEREAS, The final construction cost, including payment of total quantities installed is $851,898.40. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the construction of the Lyford Drive Multi- Modal Parking Lot Project as complete by Michael Paul Company, Inc. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to release the retention payment 35 days after the recordation date of the Notice of Completion, pending release of any stop notices or Town claims. PASSED AND ADOPTED at a regular meeting of the Town Council on the 17th day of April, 2013, by the following vote, to wit: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK 1/1 When recorded mail to: Town of Tiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 SPACE ABOVE THIS LINE FOR RECORDER'S USE Town of Tiburon NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 20th day of February, 2013, and accepted the 17th day of April, 2013; that the name, address and nature of the title of the party giving this notice is as follows: The Town of Tiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town has an easement; that said work or improvement is described as follows: The Lyford Drive Multi-Modal Parking Lot Project and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Michael Paul Company, Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on , 20 TOWN OF TIBURON By: A Municipal Corporation Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer 1/2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting April 17, 2013 Agenda Item: (fc Authorize Voting Delegate for League of California Cities Bylaws Amendments The League of California Cities' Executive Director, Chris McKenzie, sent out a packet to the cities in March that included two proposed amendments to the League Bylaws. These amendments are more fully detailed in the enclosed summary. Vice Mayor Fredericks has served as voting delegate for the Town in matters pertaining to the League of California Cities in previous years. She has volunteered to act as the Town's voting delegate for the bylaw amendments, if it is the pleasure of the Council for her to do so. RECOMMENDATION Staff recommends that the Town Council authorize Vice Mayor Fredericks (by adopting this report on Consent Calendar) to act as the Town of Tiburon's voting delegate for the proposed League of California Cities Bylaws amendments. Exhibits: Letter from League of California Cities Executive Director, with attachments Prepared By: Diane Crane Iacopi, Town Clerk 1400 K S ria"u" r SACRAMENTO, CA 95814 i)w (916) 658-8200 rx: (916) 658-8240 March 5, 2013 To: League Membership From: Chris McKenzie, Executive Director Re: Proposed Amendments to League Bylaws LEAGUE OF CALIFORNIA C I T I E S'N, At its February meeting, the League's Board of Directors approved submitting two amendments to the League's Bylaws to the membership. The proposed amendments would amend the Bylaws to provide that: i 1. Resolutions submitted to the League for presentation to the General Assembly must be concurred in by at least five or more cities or by city officials from at least five or more cities. 2. The League Board may take a position on a statewide ballot measure by a 2/3 rd vote of those Directors present. Currently, the Board may take positions with a simple majority vote. The Board's purpose in submitting the first proposed amendment is to encourage members to seek concurrence of other cities and city officials that the subject of a proposed resolution is a substantial one and of broad interest and importance to cities. The Board's purpose in submitting the second proposed amendment is to ensure that when the Board considers a position on possibly controversial statewide ballot measures, the Board's ultimate decision represents a broad consensus of the Directors. The language of the proposed amendments is provided in the attached Resolution. To be approved, the Bylaws require each amendment must receive a 2/3rd vote of those members voting. To consult the League's Bylaws: go to www.cacities.ora. The link is at the bottom of the page. As provided in the League's Bylaws, the Board of Directors is submitting these amendments to the membership for approval by mail ballot. Please return the enclosed ballot, signed by an authorized city official, by April 19, 2013. Ballots may be submitted by email to: ballots (,',c a cities. org. By mail to: League of California Cities Attn: Ballots 1400 K Street, 4th Floor Sacramento, CA 95814 Or by fax to: (916) 658-8240 Thank you for your attention to this important matter concerning the League's governance. If you have questions, please direct them to Patrick Whitnell, General Counsel at pwhitnell @caciti es. ore. --GCIU 636-M PROPOSED RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS WHEREAS, the League of California Cities is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, the League Board of Directors at its February 7-8, 2013 meeting approved submitting the following amendments to the League's bylaws to the League's membership by mailed ballot: 1. Article VI, section 2 of the League's bylaws is amended to read as follows: "Resolutions may originate from city officials, city councils, regional divisions, functional departments, policy committees, or the League Board or by being included in a petition signed by designated voting delegates of ten percent of the number of Member Cities. Except for petitioned resolutions, all other resolutions must be submitted to the League with documentation that at least five or more cities, or city officials from at least five or more cities, have concurred in the resolution." 2. A new Article VII, section 16 is added to the League's bylaws to read as follows: "Section 16: Positions on Statewide Ballot Measures. Notwithstanding _an other ther provision of these bylaws, the League Board may take a position on a statewide ballot measure by a 2/3rd vote of those Directors present." Now, therefore, be it RESOLVED, that the League Board of Directors at its April 24-25, 2013 meeting in Sacramento, California, after a canvass of mailed ballots, has determined that the above amendments to the League bylaws have been approved by a 2/3rd vote of those Member Cities voting. These amendments shall take effect 60 days after the approval of this resolution. Ballot on Bylaws Amendments City of Does your city vote to approve the amendment of article VI, section 2 of the League's bylaws relating to submission of resolutions to the League's General Assembly as set forth in the Proposed Resolution and incorporated by reference in this ballot? Li Yes No Does your city vote to approve the addition of article VII, section 16 to the League's bylaws relating to the League Board vote threshold for taking positions on statewide ballot measures as set forth in the Proposed Resolution and incorporated by reference in this ballot? Yes No Ballot returned by: City Official Name City Official Title Please return this ballot by April 19, 2013 to: League of California Cities Attn: Ballots 1400 K Street, 4th Floor Sacramento, CA 95814 or by email to: ballots @ cacities.org or by fax to: (916) 658-8240 Thanks in advance for your participation in this important decision. TOWN OF TIBURON Town Council Meeting f ? Aril 17, 2013 f 1505 Tiburon Boulevard P Tiburon, CA 94920 Agenda Item To: From: Subject: Reviewed By: Mayor and Members of the Town Council Office of the Town Manager Recommendation to Approve Agreement with Sam's Anchor Cafe for Maintenance of Downtown Restrooms and Contribution to Restroom Renovation BACKGROUND AND ANALYSIS On March 6, 2013, the Town Council authorized the Town Manager to execute a Lease Agreement with Zelinksy Properties for public restrooms at 23-25 Main Street. The Lease, which is contingent upon the State of California's agreement to abandon its current leasehold of the space, anticipates the Town will demolish and reconstruct the restrooms to substantially upgrade their utility and attractiveness for the public. Historically the restrooms at this location have been maintained by Sam's Anchor Cafe ("Sam's") pursuant to an agreement in which it received contributions from the Town, the Angel Island Ferry and the Chamber of Commerce for this work. Monthly maintenance contributions currently total $730.00. Because the State is no longer willing to support restrooms at this location, the finances for this amenity have changed substantially. As the new leaseholder, the Town will be liable for lease payments previously paid by the State, as well as capital improvements for restroom renovation. The Town is currently negotiating agreements with Blue and Gold Ferry, the Angel Island Ferry and the Chamber of Commerce for substantial contributions to offset this ongoing lease payment; these agreements will be brought to the Town Council for approval shortly. Sam's Anchor Cafe will be a unique beneficiary of these new restrooms given their adjacency to the restaurant and heavy use by Sam's patrons, who, under this arrangement, will now have significantly upgraded restrooms available for use. Sam's is also capable of maintaining the restrooms more readily and inexpensively than the Town or other parties as it already engages staff for this purpose on its own premises. Consequently, Sam's and the Town have agreed that Sam's will maintain the restrooms at its expense, including minor repairs such as fixing plumbing problems, for as long as the Town retains restrooms at this location. The Town will be responsible for major repairs to the facility should they be required, such as replacing fixtures. Sam's has also agreed to a modest $5,000 contribution to the capital construction expense; total capital costs are estimated at this time to be $135,000, although this number cannot be ascertained until the project is bid out. Sam's will not be required to contribute to the lease payment. TOWN OF TIBURON PAGE 1 OF 2 Town Council Mccting April 17, 2013 FINANCIAL IMPACT Under the proposal, Sam's Anchor Cafe will assume full responsibility for maintaining the restrooms in a clean, functional and well supplied manner and make a small ($5,000) capital contribution to the restroom renovations. The Town will be responsible for the capital construction of the restrooms and periodic major repairs should they become necessary. The Town will also be responsible for the lease payment but will have substantial offsetting contributions, in amounts to be finalized shortly, from several third parties. (Lease costs were detailed in the March 6, 2013 staff report on this subject.) RECOMMENDATION Staff recommends that the Town Council: Move to approve the attached Agreement between the Town and Sam's Anchor Cafe for the maintenance of the downtown restrooms at 23-25 Main Street and authorize the Town Manager to execute it, making any minor changes if necessary. Exhibits: Agreement Prepared By: Peggy Curran, Town Manager TOWN O r Tint RO N Page ? of 2 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Attorney Town Council Meeting April 17, 2013 Agenda Item: ATC Subject: Recommendation to Approve Resolution Authorizing the Mayor to Execute the First Amendment to the Agreement of the Formation of the Marin Telecommunications Agency Reviewed By: BACKGROUND AND ANALYSIS In 1998, the County and all cities and towns in Marin except Novato executed an Agreement of Formation creating the Marin Telecommunications Agency ("MTA"). The MTA negotiates and administers franchise agreements with various service providers. The Formation Agreement provides that the net franchise fees received by the MTA (i.e., the total franchisee fees received less the MTA's operating budget) shall be distributed to the members based on each member's percentage share of the total number of subscribers to the MTA franchise. Thus, under the Formation Agreement, the Town's percentage share of the net franchise fees paid by Comcast equals the Town's percentage of total Comcast subscribers living in the MTA's jurisdiction. The same distribution provisions govern MTA's distribution of AT&T franchise fees. AT&T and Comcast now operate their video programs in Marin under state franchises granted by the CPUC pursuant to the Digital Infrastructure and Video Competition Act of 2006 (known as "DIVCA"). Under DIVCA, state video franchisees are not required to report their number of subscribers to local jurisdictions. Instead they report their gross revenues by jurisdiction for the purposes of calculating the local 5% franchise fee. AT&T has refused to provide subscriber numbers to the MTA, thus the MTA has been unable to distribute the AT&T franchise fees to its members. Initially, the MTA received a very small amount of franchise fees from AT&T, but these fees have increased significantly and the accumulated funds now exceed $440,000. While Comcast has continued to report subscriber numbers to the MTA, it need not do so. On December 12, 2012, the MTA's Board of Directors approved the First Amendment to the Agreement of Formation of the MTA. The Amendment will allow MTA to distribute the AT&T franchise fees and ensure that there will be no future delay in distributing Comcast's franchise fees. Specifically, the First Amendment provides that the distribution of net franchise fees to the members of the MTA will be based on each franchisee's revenue report. Each member will receive franchise fees based on the gross revenues generated by each video provider in its jurisdiction. TOWN OF TIBURON PAGE 1 OF 2 FINANCIAL IMPACT The MTA's new method of distributing Comcast franchise fees between its members will benefit Tiburon, as show in Exhibit 3 - the Town's quarterly distribution will increase by more than 13 Franchise Fees are unrestricted general fund revenues. RECOMMENDATION Staff recommends that the Town Council: 1. Move to approve a Resolution Authorizing the Mayor to Execute the First Amendment to the Agreement of the Formation of the Marin Telecommunications Agency. Exhibits: 1. Draft Resolution 2. Draft First Amendment to the Agreement for the Formation of the Marin Telecommunications Agency 3. Franchise Fee Revenue Analysis - Comcast 4. Franchise Fee Revenue Analysis - AT&T 5.1997 Agreement for the Formation of the Marin Telecommunications Agency Prepared By: Ann R. Danforth, Town Attorney RESOLUTION NO. RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT OF FORMATION OF THE MARIN TELECOMMUNICATIONS AGENCY WHEREAS, in 1998, the Town of Tiburon entered into an Agreement for the Formation of the Marin Telecommunications Agency ("MTA") for the purpose of creating a joint powers authority for policy-making and coordination of telecommunication matters in Marin ("Formatiop Agreement"); WHEREAS, at its December 12, 2012 meeting, the Board of Directors of the Marin Telecommunications Agency ("MTA" or "Agency") approved the First Amendment to the Formation Agreement; and WHEREAS, the First Amendment amends the Formation Agreement to provide that MTA shall distribute net franchise fees to the members of the MTA based on the franchise fee revenue reports received from each provider, which will facilitate allocation of said fees to the member agencies; and WHEREAS, the Town Council finds that this First Amendment to the Agreement of Formation is in the best interests of the Town. 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 Mayor to execute the Amendment. 3. 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 April, 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EXHIBIT N0. I EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK FIRST AMENDMENT TO AGREEMENT OF FORMATION MARIN TELECOMMUNICATIONS AGENCY This First Amendment to Agreement of Formation ("First Amendment") is entered into as of 2013 (the "First Amendment Effective Date"), and is made by and among the County of Marin and the Cities of Belvedere, Larkspur, Mill Valley, Sausalito and San Rafael, and the Towns of Corte Madera, Fairfax, Ross, San Anselmo and Tiburon (collectively, the "Constituent Jurisdictions"), with reference to the following: RECITALS A. The Constituent Jurisdictions entered into that certain Agreement of Formation (the "Agreement") in 1997 for the purpose of creating the Marin Telecommunications Agency, a joint powers authority existing pursuant to California Government Code 6500 et seq. (the "Agency"). All capitalized terms used herein without definition shall have the same meanings assigned to them in the Agreement. B. Due to changes in state law affecting the operation of cable franchises, certain provisions of the Agreement relating to the distribution of franchise fees among Constituent Jurisdictions are either obsolete or cannot be implemented due to legal limitations on the Agency's ability to obtain certain information about subscribers from providers. C. The Constituent Jurisdictions have agreed to revise the provisions of the Agreement with respect to such distributions, all as provided more particularly below. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Constituent Jurisdictions agree as follows: AGREEMENT 1. The Recitals above are hereby declared to be true and correct, and are hereby incorporated into this Amendment as if fully set forth below. 2. Section 6, Payments, is hereby deleted in its entirety and replaced by the following revised Section 6, Franchise Fee Payments to Constituent Jurisdictions: (a) DIVCA State Franchises. The Constituent Jurisdictions acknowledge and agree that all franchise fees payable to local jurisdictions from franchises issued by the state pursuant to the Digital Infrastructure and Video Competition Act of 2006 ("DIVCA") are being paid to the Agency. From the total amount of such fees paid to the Agency annually, the Agency shall deduct the amount of its annual operating budget and reserves, as set forth in the final budget approved by the Board of Directors pursuant to Section 2 above. The remaining amount shall be distributed to the Constituent Jurisdictions as the franchise fees are received by EXHIBIT NO.- I 1 1373-0001\ 1512441 v l .doc -1- the Agency each quarter in accordance with the franchise fee reports for each Constituent Jurisdiction received by the Agency from each video provider. (b) Other Franchises. For any other franchises that the Agency is legally entitled to grant, franchise fees will be distributed among the Constituent Jurisdictions as may be determined by the Board of Directors in accordance with the procedure set forth in Section 2 for adopting the annual budget. (c) Agency Statements Required. Each distribution shall be accompanied by a statement describing the amounts of all franchise fees received by the Agency for each Constituent Jurisdiction during the distribution period, the dates of receipt, and the amount of revenue required to fund the Agency Budget and reserves. 3. This First Amendment may be executed in any number of counterparts, each of which shall be deemed to be an original, but all together shall constitute but one and the same instrument. Except as expressly modified by this First Amendment, all other terms and conditions of the Agreement remain in full force and effect. [Signatures appear on following pages.] 11373-0001\1512441v1.doc -2- IN WITNESS WHEREOF, the parties hereto have executed this instrument as of the date first written above. ATTEST: County Counsel ATTEST: City Clerk ATTEST: City Clerk ATTEST: City Clerk COUNTY OF MARIN By: Name: , Chairperson, Board of Supervisors CITY OF BELVEDERE, a municipal corporation By: _ Name: Mayor CITY OF LARKSPUR, a municipal corporation By: _ Name: Mayor CITY OF MILLVALLEY, a municipal corporation By: Name: , Mayor 1512441 v1 CITY OF SAUSALITO, a municipal corporation ATTEST: City Clerk ATTEST: City Clerk ATTEST: Town Clerk ATTEST: Town Clerk By: Name: , Mayor CITY OF SAN RAFAEL, a municipal corporation By: _ Name: Mayor TOWN OF CORTE MADERA, a municipal corporation By: _ Name: Mayor TOWN OF FAIRFAX, a municipal corporation By: Name: , Mayor ls1?441v1 TOWN OF ROSS, a municipal corporation ATTEST: Town Clerk ATTEST: Town Clerk ATTEST: Town Clerk By: _ Name: Mayor TOWN OF SAN ANSELMO, a municipal corporation By: Name: , Mayor TOWN OF TIBURON, a municipal corporation By: Naive: , Mayor 1512441v I N N N N O N w W O O of m a) m o Iv o O o) M D cu < D w m tA D N x r+ C m -1 ~ f m m CL A O I Iv I x N (D C (D s rD 3 t/~ = n D (D - r+ p r+ 00 V)- N N p -M o \ r+ t O -1 r+ 3 F ' M U, W -Ph F- + M W F-' W r D - r+ W O V ~ N O F- to ~ ~ tD ~ rD 0 O 3 n S rD O o0 0o Lo w co Ln N w ~ O O O h W rD e+ r D •w m w 0) Lo co co Ul F, O O m A l Ln v O S D cr ~n N O N a) ~ 00 N ~ V F- W p r+ O rD r+ a M Oo V Ln W Ol O O N 00 Ln N cn a- as Q ? 1 '0 O I rn - ~ - - w - W - N U, W w N O - a) n r+ - - - - - rD O 3 to t!~ V)- ih Ql- . th 4^ th 1^ 4-n- ih 1^ 3 n z n m rD n 3 - 3 n ' n 1 - rD co N N m a O rD r° h p F, ~ V U, N ~ M W W F" I" e+ = - 3 r+ w O O w w m w N N 00 W I~ 0 ~ A C a .-r " n 3 00 V V V iD N V V F' lD Ql N rD ~ rD < Q N ) O m rn W o, n Ul W 01 i O 1 : O V O N .A 00 ~ rD v rD C r1 O C N r+ U I U, rn Ln 4 ~k .A W Ln W W ~ p,• n :3 v, O - ' m oo N 1 O 01, W Ili O in w O cw ~ p s fD N Q 0l Q1 01 w V N I- W W F- =3 014 A (D rD rD < 0_ p a~ ! 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O N (n m N V O N In lD E W in O in v -j 0 W O in V O ~ ~ 00 W I N W In N A Ln 4N W (n W S O C 04 S RESOLUTION NO. 97-137 RESOLUTION OF THE MARIN COUNTY BOARD OF SUPERVISORS APPROVING AGREEMENT OF FORMATION OF MARIN TELECOMMUNICATION AGENCY WHEREAS, the County and a substantial majority of the Cities and Towns ~of the County of Marin are desirous of entering into a joint powers agreement of formation of a Marin Telecommunications Agency the provisions of which are attached hereto as EXHIBIT "A"; and WHEREAS, the County is in the process of adopting a Telecommunication Ordinance in connection with approval of the Agreement, NOW, THEREFORE, BE IT RESOLVED as follows: 1. The Agreement of the Formation of a Marin Telecommunications Agency is hereby approved but only upon completion of all conditions contained therein; and upon adoption by the County of Marin of the Marin Telecommunications Ordinance but also only upon completion of all of the conditions contained therein. 2. The President of the Board of Supervisors Is authorized to execute the Agreement on behalf of the County of Marin but only in accordance with completion of all of the conditions set forth in paragraph 1. hereinabove, PASSED AND ADOPTED at the regular meeting of the Board of Supervisors of the County of Marin held on this mt-h day of ,a 1997 by the following vote: AYES: SUPERVISORS John Kress, Harold Brown, Jr., Steve Kinsey, Annette Dose, Harry Moore NOES: _ ABSENT: - ATTEST: Clerk i.. - r _ El's.i.~fill~P~l~hlfA!°F9rV•sa AGREEMENT OF FORMATION MARIN TELECOMMUNICATIONS AGENCY THIS AGREEMENT is made and entered into pursuant to the provisions of Section 6500 et seq. Of the Government Code of the State of California by and between the County of Marin therein referred to as "County") and the Cities of Belvedere, Larkspur, Mill Valley, Novato, Sausalito and San Rafael, and the Towns of Corte Madera, Fairfax, Ross, -San Anselmo and Tiburon, (the foregoing Cities and Towns are herein collectively referred to as "Municipalities" and the Constitu- ent Jurisdictions are sometimes herein collectively referred to as the "Constituent Jurisdictions") who do hereby mutually agree as follows: 1. Establishment. There is hereby created an organization known and denominat- ed as the MARIN TELECOMMUNICATIONS AGENCY, which shall be a public enti- ty, separate and apart from the Constituent Jurisdictions. The Marin Telecommuni- cations Agency (hereinafter referred to as "Agency") shall be governed by the terms of this Agreement, the- terms of an ordinance enacted by each Jurisdiction which enters into this Agreement which is entitled "Telecommunications Ordi- nance", and is hereinafter referred to as the "Ordinance", and by such rules as are duly passed and adopted by the Board of Directors of the Agency. Notwithstanding the provisions of the introductory paragraph of this Agree- ment, it is specifically contemplated that some of the Municipalities may not exe- cute this Agreement and participate in the formation of and become members of the Agency. Therefore, the Agency shall be formed by, as members, the Constitu- ent Jurisdictions, provided that all of such Constituent Jurisdictions do so. 2. Board of Directors. The Agency shall be governed by and the powers of the Agency vested in a Board of Directors, subject to its delegatory powers as set out in section 5.3Q270 of the Ordinance. The number of members of the Board of Directors, composition thereof, and tenure of Directors shall be prescribed by sec- tion 5._U..220 of the Ordinance. Meetings of the Board of Directors and of such advisory or other committees as the Board may appoint, shall be governed by the provisions of the Ralph N. Brown Act (Government Code Section 54950 et seq.). The Board of Direc- tors shall establish a time and a place for its regular meetings, which shall be held not less frequently than every six (6) months. A meeting composed of at least six (6) members of the Board shall constitute a quorum for the purpose of transacting business, and a majority of the quo- rum shall be necessary to approve any action of the Board provided that notwithstanding the foregoing the following actions shall require the approv- al of not less than six (6) members of the Board in recorded vote: (1) the EXHIBIT "A" enactment of an ordinance, (2) the approval of a final budget, (3) the Initia- tion of litigation (not including the authorization of defense brought against the Agency and the initiation of a cross-complaint), and (4) the creation or assumption of indebtedness. No action taken by the Board of Directors shall be effective except by duly adopted motion receiving the votes of a majority of the Directors of the Board then present. The Board of Directors shall annually elect its Chairperson. The 'Clerk of the Board of Supervisors of the County shall serve as Secretary to the Board of Directors, unless the Board by resolution shall designate the Clerk of another Constituent Jurisdiction to so serve, shall be responsible for recordation of the official actions by the Board, and shall be the official custodian of all records of the Board of Directors. 3. Powgrs. The Board of Directors of the Agency shall be vested with the follow- ing powers: To employ in the name of the Agency such staff as the Board of Directors deems appropriate. Such staff shall be appointed by and serve at the plea- sure of the Board of Directors. To make and enter into contracts in the name of the Agency as authorized by or in order to carry out the objects or purposes of this Agreement or the Ordinance, including, but not limited to, contracts with any Constituent Jurisdiction providing for provision by personnel of that Constituent Jurisdic- tion of services for the Agency and reimbursement of that Constituent Juris- diction by the Agency of the costs thereof; To acquire in the name of the Agency, take title to, hold and dispose of real and personal property; To incur in the name of the Agency debts, liabilities and obligations, which shall not constitute debts, obligations or liabilities of any of the member agencies; To accept in the name of the Agency grants, gifts and donations in the public interest to carry out the purposes and functions of the Agency; and To exercise such other powers as are expressly conferred by the provisions of this Agreement or the ordinance. The Board of Directors shall also be authorized to sue in the name of the ' Agency. The Agency shall be subject to suit in its name. 4. Limitations. Pursuant to the provisions of Government Code Section 6509, the powers of the Agency are subject to the restrictions upon the manner of exercising such powers of one (1) of the designated member agencies. For such purposes, the County of Marin is hereby designated. 5. Budget. Prior to July 1st of each fiscal year, the Board of Directors shall adopt a final budget. 6. Payments. (a) Existing Franchises. As to Franchises in existence prior to the Effective Date of the Ordinance which have been devolved upon the Agency pursuant to Sections S .3Q140 and s .30.260 above, and which have not theretofore been renewed, extended or otherwise materially amended, the Franchise Fees derived therefrom shall, notwithstanding the assignment to the Agency, be paid to the Constituent Jurisdiction which was the franchisor prior to the Effective Date and the Constitu- ent Jurisdiction shall thereupon be billed by the Agency for that Constituent Juris- diction's allocable share of the Agency's budget for the applicable period. The Agency's budget shall be allocated among the Constituent Jurisdictions who are members of the Agency in the same proportion as the ratios which the total num- ber of Subscribers in each of the Constituent Jurisdictions bear to the total number of Subscribers in the Constituent Jurisdictions which are then members of the Agency, as disclosed by reports as to numbers of Subscribers filed by said Cable Television Systems with the Agency. Such amounts billed to the Constituent Jurisdiction shall be due and payable within thirty (30) days of the billing date and shall be an enforceable contractual obligation of the Constituent Jurisdiction to the Agency. (b) Agency Cable Franchises. As to Franchises for the provision of Cable Television Services by Cable Television Systems which were granted by the Agency or re- newed, extended or otherwise materially amended by the Agency, the Net Fran- chise Fees (the total franchise fees received by the Agency less the Agency's budget for the applicable period and reasonable reserves) shall be paid to each of the Constituent Jurisdictions who are members of the Agency In the same propor- tion as the ratios which the total number of Subscribers in each of the Constituent Jurisdictions bear to the total number of Subscribers in the Constituent Jurisdic- tions who are members of the Agency, as disclosed by reports as to numbers of Subscribers filed by said Cable Television Systems with the Agency. (c) Agency Non-Cable Franchises (All Constituent Jurisdictions) As to Franchises which were granted by the Agency or renewed, extended or otherwise materially amended by the Agency, the Net Franchise Fees (the total franchise fees received by the Agency less the Agency's budget for the applicable period and reasonable reserves) shall be paid to the Constituent Jurisdictions who are members of the Agency in the same proportion as the ratios which the population of the unincorpo- rated area of the County and incorporated area of the Municipalities bear to the total population of the Constituent Jurisdictions who are members of the Agency, as disclosed by the Federal Decennial Census for 1990 for the period ending June 30, 2001, the Federal Decennial Census for 2000 during the period commencing July 1, 2001 and ending June 30, 2011, the Federal Decennial Census for 2010 during the period commencing July 1, 2011 and ending June 30, 2021, the Feder- al Decennial Census for 2020 during any period after July 1, 2021. (d) Aoe_r,),c )n-Cable Franchises (Less than All Constituent JuriNdictiQns) As to Franchises which were granted by the Agency and which substantially and directly affect less than all of the Constituent Jurisdictions, the Net Franchise Fees (the total franchise fees received by the Agency less the Agency's budget for the appli- cable period and reasonable reserves) shall be paid to the affected Constituent Jurisdictions who are members of the Agency in the same proportion as the ratios which the population of each affected Constituent Jurisdiction bears to the total population of the affected Constituent Jurisdictions who are members of the Agen- cy, as disclosed by the Federal Decennial Census for 1990 for the period ending June 30, 2001, the Federal Decennial Census for 2000 during the period com- mencing July 1, 2001 and ending June 30, 2011, the Federal Decennial Census for 2010 during the period commencing July 1, 2011 and ending June 30, 2021, the Federal Decennial Census for 2020 during any period after July 1, 2021. (e) Allocation of Agency Budget. For purposes of the foregoing calculations, the Agency's budget for the applicable period and reasonable reserves shall be allocated as between various types of Franchises in the relative proportions of the Franchise Fees derived therefrom. Each distribution shall be accompanied by a statement by the Auditor of the Agency stating the amounts of all Franchise Fees received by the Agency for the distribution period, the dates of receipt, the amount of revenue required to finance the Agency Budget, and the population and/or subscriber ratios upon which appor- tionment of the distribution is being made. 7. Treasurer. The Treasurer of the County shall be the depository of funds of the Agency, and said Treasurer shall be the ex officio Treasurer of the Agency, unless the Board of Directors shall act by resolution to appoint the Treasurer of another Constituent Jurisdiction or, to the extent provided by law, a certified public ac- countant, to that position. The Treasurer shall receive and have custody of and disburse Agency funds on the warrant of the Auditor and shall make disbursements authorized by this Agreement. The Treasurer shall invest Agency funds in accordance with the gen- eral law. All interest collected on Agency funds shall be accounted for and posted to the account of said funds. The County for other Constituent Jurisdiction as applicable) may determine reasonable charges to be made against the Agency for the services of the Treasur- er, and the Agency shall include such costs in its annual budget. 8. Au itin . The Auditor of the County shall be the ex officio Auditor of the Age- ncy, and shall draw warrants against the funds of the Agency when the demands are approved by the Executive Director or other designee of the Board, unless the Board of Directors shall act by resolution to appoint some other person, as allowed by law, to that position. At the close of each fiscal year, as provided in Govern- ment Code Section 6505, the Auditor shall make an audit. In the alternative, the Board of Directors may contract with a certified public accountant to make an audit of the accounts and reports of the Agency. The Auditor shall establish and maintain such funds and accounts as are deemed necessary to account for and report on receipts and disbursements. The Agency shall keep such additional records and accounts which are deemed neces- sary to account for and report on sources of funds, expenditures, grants and pro- grams as may be required by good accounting practices. The books and records of the Agency shall be open to inspection at all reasonable times by representatives of the member agencies. The County (or other Constituent Jurisdiction as applicable) may determine reasonable charges to be made against the Agency for the services of the Auditor, and the Agency shall include such costs in its annual budget. 9. T rm. Except as otherwise provided herein, this Agreement shall terminate and the Agency shall be deemed dissolved on December 31, 2027. In the event that, at any time, the Board of Directors reasonably determines that it will no longer receive Franchise Fees under any Franchise then existing or reasonably expected to provide sufficient revenues to pay its costs of administra- tion and yet make the required payments to the Constituent Jurisdictions, this Agreement shall be deemed terminated and the Agency shall be deemed dissolved on the date of that determination. 10. Disposition of Assets. Upon dissolution of the Agency, its assets shall be distributed to member agencies in the same proportion as distributions to member agencies have most recently been made pursuant to the provisions of Paragraph 6, above. Any real property owned by the Agency shall, in advance of dissolution, be conveyed by the Board of Directors to member agencies as tenants in common with proportional interests equal to the proportion of distributions most recently made pursuant to the provisions of said Paragraph 6. 11. Debts. The debts, liabilities and obligations of the Agency shall not constitute any debts, liabilities or obligations either jointly or severally of the County or the Municipalities. 12. Amendment. This Agreement may be amended by written contract approved by and executed in behalf of the Governing Bodies of each member agency. No Franchisee shall be deemed to either expressly or impliedly be a party to this Agre- ement, a third party beneficiary thereof, or to have any interest which precludes amendment of the terms of this Agreement in any manner In which the Governing Bodies of the member agencies, in their discretion, may mutually agree. 13. Te minalion. Except as otherwise provided herein, this Agreement may only be terminated by the enactment of an ordinance in identical form by a majority of the of the Constituent Jurisdictions which are then members of the Agency speci- fying such termination, each such ordinance adopted within no more than ninety (90) days of each other. Upon such action, the Agency shall be deemed terminat- ed and its assets disposed of pursuant to Paragraph 10 hereof. 14. Withdrawal. Any Constituent Jurisdiction may withdraw from membership in the Agency upon notice in writing to the Agency and the other members of the Agency by the enactment of an ordinance on or before May 1 of any year specify- ing that such withdrawal shall become effective not earlier than the end of the next successive fiscal year, provided that the withdrawal of any Constituent Juris- dictions from membership in the Agency (not resulting in the termination of the Agency pursuant to Paragraph 13 above) during the initial term of any Franchise issued pursuant to the provisions of this Chapter shall not operate to either divest the Franchisee of its authority to install or provide services through its Telecommu- nications Facilities within the area of the withdrawing Constituent Jurisdiction(s) or vest the withdrawing Constituent Jurisdiction with any administrative or other authority whatsoever respecting operations by the Franchisee under the Franchise. Notwithstanding the foregoing, a duly appointed member of the governing body of a withdrawing jurisdiction may continue to participate and vote in actions coming before the Agency after withdrawal which pertain solely and exclusively to a Fran- chise in which a Franchisee has installed and is providing services through at least a portion of its Telecommunications Facilities, which are located within the jurisdic- tion of the withdrawing jurisdiction (such a Franchise hereinafter an "Affecting Franchise"), provided that nothing in this sentence shall authorize the member appointed by the withdrawing jurisdiction to participate or vote in any matters pertaining to or having an effect upon more than a single Affecting Franchise. During such initial term, the Agency shall continue to administer the provisions of this Chapter for the benefit of the inhabitants of a Constituent Jurisdiction in the same manner as if the Constituent Jurisdiction had not withdrawn. In the event that a Constituent Jurisdiction should give timely notice of withdrawal and that withdrawal should become effective before a cable television franchise assigned to the Agency as a part of its initial entry shall have been renewed, extended or oth- erwise materially amended, the Agency shall reassign said franchise to the with- drawing entity, said entity shall resume administration of said franchise and the - Franchise Fees derived therefrom shall continue to be paid to the Constituent Juris- diction which was the franchisor prior to the Effective Date. 15. Reservation of Rights. The provisions of this Agreement shall not be so con- strued as to in any manner restrict or impair the power or authority of the Constitu- ent Jurisdictions to independently manage the sale, leasing, management, transfer and/or other disposition of Telecommunications Facilities owned by the Constituent Jurisdiction within their own jurisdictional boundaries. Nothing in the foregoing sentence shall be construed to obviate the necessity of a Franchise issued by the Agency in connection with the use of such Telecommunications Facilities, 16. Coua1erpa[Js. This Agreement may be executed in counterpart. IN WITNESS HEREOF the parties have approved and executed this Agree- ment as follows. COUNTY` ?R MARIN r, Chairman, Board of Supervisors A4tcst : , Clerk Approved as to Form: Allen A. Haim Chief Deputy County Counsel nehZadm+nltelsaom.pm . TOWN OF TIBURON Town Council Meeting J April 17 2013 105 Tiburon Boulevard Tiburon CA 94920 Agenda Item: - Z 41 To: From: Subject: Reviewed By: BACKGROUND Current Vacancies Mayor and Members of the Town Council Office of the Town Clerk Appointments to fill vacancies on Town Boards and Commissions There are currently vacancies on three Town Boards and Commissions-the Heritage & Arts Commission, Design Review Board, and Planning Commission. These vacancies are a result of the resignation of Heritage & Arts Commissioner Ric Postle and the term expirations of two other commissioners, Greg Johnson (DRB) and John Kunzweiler (PC), who did not seek reappointment for another term. The Town Clerk has advertised these vacancies in the Ark, Marin Independent Journal and posted notices at Town Hall and Belvedere- Tiburon Library, pursuant to Town policy. At its March 20 meeting, the Council interviewed two applicants (Gordon Riba Cousins and Richard Wodehouse) for the Design Review Board vacancy; a third applicant (Ali Kuhzarani) was unable to make the interview and has not rescheduled. Mr. Wodehouse, who initially stated an interest in serving the Design Review Board, has contacted the Town to let staff know of his interest in the Planning Commission vacancy, as well. At tonight's meeting, the Council will interview an applicant (Phillip Ramirez) for the Heritage & Arts Commission vacancy. No other applications have been received by the Town. Pending Vacancy - Library Agency There is a pending vacancy on the Library Agency Board of Trustees due to the term expiration of Beverlee Johnson in June 2013. The Town Clerk has begun the noticing process for this vacancy. Staff has received one application (from Lawrence Drew) and a letter of interest from a previous candidate (Jeff Foran). Both of these have appeared in recent Town Council Digests and interviews for the vacancy will be scheduled in May. RECOMMENDATION Staff recommends that the Town Council: 1. Consider making appointments to fill the vacancies on the Heritage & Arts Commission, Design Review Board, and Planning Commission at its meeting tonight; or 2. Direct staff to continue advertising for the positions. Exhibits: Applications of Phillip Ramirez, Gordon Cousins Riba and Richard Wodehouse Prepared By: Diane Crane Iacopi, Town Clerk n cam--~ k-e 0 RECEWF. r;r Awn sur mAR VVf4 TOWN TOINt,a 0F- ? i 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. Diane Crane Iacopi Town Clerk AREAS OF INTEREST 1 Indicate Your Area(s) of Interest in Numerical Order (#I Being the Greatest Interest) PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY -AFFORDABLE HOUSING S:dcrane%omm.app ' I PARKS, OPEN SPACE & TRAILS RECREATION DISASTER PREPAREDNESS COMMISSION ON AGING OTHER 1 PERSON DA TA LEASE P NT OR TYPE A RESU MAYBE ATTACHED AS WELL) NAME: MAILING ADDRESS: <s n E-mail address (optional): . t TELEPHONE: Home: 1,` ` Work: Fax No. PROPERTY OWNERS= ASSOC. (If applicable) r TIBURON RESIDENT: (Years) t DATE SUBMITTED: REASONS FOR SELECTING YOUR AREAS OF INTEREST ----------------------------------------------Town Hall Use Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 PHILLIP RAMIREZ Cell- 415-307-8548 - Philrarn2000 a,yahoo.com Msg.- 415-435-3549 SAG / AFTRA Ht:5'10"/Eyes:Green /Waist:33/30 /Hair: U. Brn. /Wt:170/ Shirt:Lg, /Shoes 9 1/2 FILM Rose Supporting Dir. Hoku Uchiyama Hajikari La Mission Milk Lead Featured Featured Pursuit Of Happyness Featured Valley Of The Heart's Delight Supporting The Other Side Lead TELEVISION Dir. Sugimasa Yamashita Dir. Peter Bratt Dir. Gus Van Sant Riding The Bus, Inc. Banana Peel Entertainment Dir. Simon Oliver The Evidence Supporting N.S. Pictures Inc. Monk Day Player OCPI Productions Presidio Med Recurring Think Films The Fugitive Day Player Warner Bros. Slam Dunk/Nash Bridges Day Player Paramount Entertainment Inc Something Borrowed/ " Day Player Paramount Entertainment Inc THEATER The Odd Couple Felix Honolulu Commu. Theater Bye Bye Birdie Mac Afee Honolulu Commu. Theater Mandate Carlton Honolulu Commu. Theater Damn Yankees Linville Alley Theater Houston Twelve Angry Men Juror # 5 Alley Theater Houston COMMERCIALS Complete list upon request TRAINING/ EDUCATION Robert& Michelle Colt - Acting Success Workshop Tom Logan/Commercials Audition Techniques weekend workshop-Sarah Kliban Prod. Film Acting/Advanced Camera FilmActing -S.F.School Digital Filmakina-Celia Shuman Advanced Im-prov For Camera - S.F. School of Digital Filmmaking - Barbara Scott Advanced Acting For The Camera -.S.F. School of Digital Filmmaking - Hester Schell Voice-Over Workshops - VoiceOne-S.F.,CA. (7-diff. classes) Elaine Clark & Associates Audition Techniques Workshop- Nancy Hayes,& Shirley Davalos-S.F.,Ca On Camera Workouts- Paul Ghiringhelli-S.F. Casting Degree: BA Psych. - Univ. Of Houston Voice- S.F. Conservatory of Music, B. Hudson-Houston, Tx. SPECIAL SKILLS / ADDITIONAL INFO. Singing (base/ baritone), Horseback Riding, Speak Spanish Conversationally, Master Haircutter (lic:TX.,CA.,HI.), Acrylics Artist S.F. SAG Executive Board member, S.F. SAG Conservatory- Chairman. Phillip Ramirez 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 ! DESIGN REVIEW -HERITAGE & ARTS LIBRARY -AFFORDABLE HOUSING PARKS, OPEN SPACE & TRAILS RECREATION `DISASTER PREPAREDNESS COMMISSION ON AGING OTHER 1 S: dcrane%omm. app PERSONAL DATA (PLEASE PRINT OR TYPE - A RESUME MAY BE ATTACHED AS WELL) NAME: C-A 0 0 c aVs Q 111A, MAILING ADDRESS: ZL-> C-01-4 CA.." °.A L~ E-mail address (optional): TELEPHONE: Home:,4 1S 515 abbvork: t~ f Fax No. PROPERTY OWNERS= ASSOC. (if applicable) ,'vr A 1 "I 1 TIBURON RESIDENT: (Years) ► X DATE SUBMITTED: 3/,5 REASONS FOR SELECTING YOUR AREAS OF INTEREST . 0 V k0 t13 I & 1 \ f ► ~T f ► 1 ye- V ~l : L 11~ l rll~ on I w CAN Ncu kT*-t Ec i 1 ^t V,, L ~_Z>G `Y F ~)!Z_ y I r c)7r 01✓ s k!C^ tl~ ZZlj I L i qty t ~ .a l~ ~ w Z~t'l rZ MY 'rr~1.~ _ I i~t'~ ~y y~ ArS ti 40 y -'I ~y Ci C-~t ~C -l v'~ I hi C uu I N 1, i .)r: _111 I C V yL 01 r F " j tv cc V tc-T q N<. 115'N `ice nu ; L ~`~1~ ~_ay+G,Fr ti~ C`"i~-+-~''~~1 ~~:►,v ` ~1~~[y ----------------------------------------------Town Hall Use Date Application Received: Interview Date: Appointed to: Date Term Expires: JI-C) -13 (Date) Length of Term: 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 J 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. c~Cau~e.- RICHARD E WODEHOUSE PO Box 211 Tiburon, CA. 94920 Professional Project Manager Owner's Representative Cell: 415 944 0278 Certified in Mediation CA. G.C. Lic #305719 rewo ehouse amail.com r L) April 10, 2013 ' P46 Lb Tiburon Town Council Members TOWN CLERK RE: Application for Planning Commission Member TOWN OF TIBURON Dear Council members: After studying the advice from Ann Danforth I have come to the conclusion that there would be no conflicts if you wish to appoint me to the Planning Commission. Indeed, I have looked at the agendas for all of 2012 and don't see any items that I would have had any participation in to cause a possible conflict or even "perception" of conflict. I hope that my 37 years of experience and knowledge gained as president of a Home Owner's Association, and DRB member, and building and development of architecturally noteworthy projects can allow me to be a contributing member of this team. I feel I have a good handle on the tasks and procedures since I have witnessed many Planning Commission meetings in surrounding communities. Respectfully, Richard Wodehouse Cc: Peggy Curran /~CC~( zrr~ W~~td U,~P f 6 !1 1 34 TOWN 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. 61-1 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 OR TYPE- - 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: REASONS FOR SELECTING YOUR AREAS OF INTEREST 1/29/13 My experience and knowledge, dedication to making the built environment be as good as it can be. APPLICABLE QUALIFICATIONS j 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 ----------------------------------------------Town Hall Use Date Application Received. W 5 Interview Date: Appointed to: Date Term Expires: (Date) Length of Term: