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HomeMy WebLinkAboutTC Agd Pkt 2013-05-15TOWN OF TIBURON Tiburon Town Hall 1.505 Tiburon. Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council May 15, 2013 Regular Meeting - 7:30 p.m. Interviews - 7:00 p.m. TIBURON TOWN COUNCIL INTERVIEWS (Current and Pending Vacancies on Planning Commission and Library Agency Board) 7 p.m. - Jeff Foran 7:10 p.m. - Ali Kuh7arani 7:20 p.m. - Lawrence Drew CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Doyle, Councilmember Fraser, Vice Mayor Fredericks, Mayor O'Donnell CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action ,vill 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. PRESENTATIONS • Mayor's Commendation for MMWD Recognition of Pt. Tiburon Condominium Association Landscape Project CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of May 1, 2013 meeting (Town Clerk Crane I acopi) 2. Town Investment Summary - Accept report for period ending April 2013 (Director of Administrative Services Bigall) 3. 110 Gilmartin Drive Building Permit Extension - Adopt resolution extending the building permit for construction of a single family dwelling and appurtenant structures at 110 Gilmartin Drive (Building Official Fred Lustenberger) ACTION ITEMS 1. Art Festival Display Request - Consider request for art installation along Tiburon Boulevard and Shoreline Park during annual Art Festival in August 2013 (Town Manager Curran) 2. America's Cup Youth Team Sponsorship - Consider contract for Town sponsorship of the Youth Team USA45 (Town Manager Curran) 3. Advisory Board for Tiburon Tourism Business Improvement District - Consider approval of Advisory Board and make Town Council appointment to the Board (Town Manager Curran) 4. Parking Bail Adjustments - Consider resolution modifying parking bail schedule (Police Captain Dave Hutton) 5. Appointments to Boards, Commissions and Committees - Consider appointments to fill a current and pending vacancy on the Tiburon Planning Commission and the Belvedere- Tiburon Library Agency Board (Town Clerk Crane lacopi) PUBLIC HEARINGS 1. Appeal of Denial of Underground Waiver - Consider appeal of denial of underground waiver for new construction at 12 Apollo Road (Building Official Fred Lustenberger) Property Owners: Jonathan Lacey and Kristina Wollan Address: 12 Apollo Road AP No.: 034 - 271 -06 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS Town Council Weekly Digest - May 3 & 10, 2013 ADIOURNMENT 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. (7r--/ TOWN COUNCIL MINUTES CALL TO ORDER Mayor O'Donne e gular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesda , May 1, 2013; n Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS Doyle, Fraser, Fredericks, O'Donnell Collins (Excused) PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Building Official Lustenberger, Police Chief Cronin, Town Clerk Crane Iacopi CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor O'Donnell said there was no closed session. ORAL COMMUNICATIONS Rick Waterman, Southridge West, said that five major construction projects over the last two years in his neighborhood had created such disruption with early morning noise and traffic that he and his wife had sought respite in hotels, at their own expense. He said the Town's hours of construction starting times were not adhered to; that the only enforcement [of the Town's ordinance] was ticketing of vehicles that blocked driveways. He asked the Council to help fine tune Section 13-6 of the Town Code so that he and his neighbors could have peaceful enjoyment of their homes. He asked that their signed petition on this matter be placed on a Council agenda as soon as possible. Bob Austrian, also of Southridge West, lent his support. He said the Town's own records had documented that traffic levels on Tiburon Boulevard were "beyond capacity" at certain hours of the day. He said the schools could not change their hours but suggested that the Town could control construction hours, and allow or disallow projects, through its building permitting process. He asked that the Council focus on the intersection of construction projects and roadway consider a change of policy. =DRAFT il Minutes #xx -2013 xxxxxxx, 2013 Page I PRESENTATIONS • Annual Heritage Preservation Award - Jack Fiorito, Recipient Heritage & Arts Commission Chair Azita Mujica-Beavers presented the 17th Annual Heritage Preservation Award to Mr. Fiorito for his dedication to history in teaching children about the China Cabin since it first opened its doors in the 1990s. She said the children referred to him as "Captain Jack", a fitting title for a former naval officer. Mr. Fiorito accepted the award and shared some humorous stories about the third-grade classes he leads through the China Cabin as docent. He acknowledged the members of his family who were in the audience, wife Shirley, daughter Ann and her husband, and son Mark. He said that he and his wife would later this year celebrate their 50ffi wedding anniversary, adding to the festivities of the evening.. I Mayor O'Donnell said that the award was well deserved and he thanked and congratulated Mr. Fiorito for his spirit of volunteerism on behalf of the Town Council. • Introduction of new Town Employee, Kyra O'Malley, Assistant Planner Director of Community Development introduced the newest member of the Tiburon Planning Department, Kyra O'Malley. He said that Ms. O'Malley held a degree in Urban and Regional Planning from Cal Poly San Luis Obispo and had worked for the City of Elk Grove, a State Assemblymember, as well as in the private sector, prior to accepting the position. Anderson noted that Ms. O'Malley had been chosen from a pool of over 150 applicants. Mayor O'Donnell welcomed O'Malley to the Tiburon "team". CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of April 17, 2013 meeting (Town Clerk Crane Iacopi) MOTION: To adopt the minutes, as written. Moved: Doyle, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Collins ACTION ITEMS Mayor O'Donnell reversed the order of the next items on the agenda; Action Item No. 2 was heard first. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 2 2. Rename Multi-Use Path - Consider recommendation by Heritage & Arts Commission to rename Richardson Bay Lineal Path (aka Multi-Use Path) to "Old Rail Trail" (Town Manager Curran) Town Manager Curran said that the Town's Naming Policy calls for the Town Manager to bring recommended place names, whether for a new facility or to rename an existing one, to the Heritage & Arts Commission (H&A). She said H&A then makes a recommendation to the Town Council for its consideration and decision. Curran said that for some time now, the Marketing & Communications Task Force (M&C) has been considering whether there might be better, more descriptive and attractive names for several Town facilities. Curran said that the Richardson Bay Lineal Path (its formal name in the General Plan) which is also known as the Multi-Use Path, struck M&C as particularly misnamed. She said the committee weighed many names and ultimately chose "Old Rail Trail" as its recommended new name which would reflect the Town's railroad history. On April 23, Curran said that H&A met to consider this recommendation and voted unanimously to endorse the new name. In doing so, she said they expressed agreement with M&C's thinking and went even further, talking about opportunities the new name might represent to creatively improve signage or even form the basis for a community event celebrating the Town's railroad history. The Town Manager said that Town records could be updated over time to reflect the new name, and that only minor expenses would be associated with the renaming, such as replacement of signage. She recommended that the Council consider adoption of the renaming resolution that was submitted as a supplement to the staff report, and authorize resultant expenditures, such as signage, where appropriate. Mayor O'Donnell opened the matter to public comment. Bob Dougherty, describing himself as a "wordsmith", read a poem he had submitted to the Ark newspaper endorsing another name, "Blackie's Byway". He riffed on the name in rhyme and sang, "whaddyasay?" Doherty said the only test of a name is whether people use it. He said that paths are to the future and trails trail behind. He cringed at the word "old" and said the path was used by people to "get healthy". He recommended that the Council pick the right name, one that would be used over time. Mayor O'Donnell closed the matter to public comment. Councilmember Doyle said that Mr. Doherty had made some good points; he said he thought people would continue to use the more well-known "bike path" name to describe the path. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 3 Councilmember Fraser said that the M&C Task had been working on rebranding the Town for over three years and that it was a significant initiative. He said they had received extensive input from the community during this time and that this was truly a long-term vision that would take years and decades to accomplish. He said that imagery reflected the soul of the community. He said he thought "Old Rail Trail" was the right name, reflecting the Town's history, and could be embraced by all. Vice Mayor Alice agreed; she said it was a good idea to connect the name to the Town's history and that it was a national history, as well. She said that many towns and cities had converted their old railroad rights of way to trails, byways and paths. She said it also fit because the railroad used to connect the Town to the ferry and San Francisco before 1906. Mayor O'Donnell concurred, and jokingly added that the word "old" might slow down some of the fast-moving bicycles on the trail, as well. MOTION: To adopt the resolution, as written. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Collins 1. Building Permit Extension - Consideration of building permit extension and related fees for a single-family residential project located at 110 Gilmartin Drive (Building Official Fred Lustenberger) Property Owners: Stuart and Gina Peterson AP No.: 309-171-12 Building Official Lustenberger gave the staff report. He said that the issue before the Council was the consideration of granting the extension of a building permit for the project located at 110 Gilmartin Drive. He said the Council could decide whether to grant the extension and determine the reactivation charges for the permit. He said this included two components - the recovery fee (for ongoing labor such as inspection services) and the penalty fee (a Town policy that was in place to reduce the number of construction projects that continue past 18 months and cause disruption to neighborhoods). He said that the Council had the ability to act in a number of ways and that the written staff report detailed three possible approaches for Council's consideration. Mr. Lustenberger said that in his opinion the project at 110 Gilmartin Drive was well managed and had experienced minimum delays. He said the site manager was responsive and attempted to minimize impacts to the neighbors. However, the Building Official acknowledged that for some of the neighbors, the project had gone on too long with no end in sight. He said that many of the neighbors had shared their comments but had asked to remain anonymous. DRAFT Town Council Minutes #xx -2013 xzx.xxxx, 2013 Page 4 One neighbor, according to Lustenberger, said that he had no issues at all with the project except for minor nuisances such as dust, and had even marketed his home with no negative result. But the Building Official said that five other neighbors had expressed opinions that ranged from somewhat negative to very negative, even going so far as to say that the project had been fraudulently misrepresented and should be punished to the maximum possible in order to discourage this kind of outcome in future. Vice Mayor Fredericks asked what kind of controls the Town had other than punishing pocketbooks? Building Official Lustenberger said that 10 years ago, the Town had tried to address the issue of ongoing construction and that the resultant ordinance covered most types of construction within the town. He said the intent of this policy was to deal with projects that were not managed well, "perpetual projects" as it were. He said that conventional homes could be built much quicker than the project in question, which contained many customized features, and that it was difficult to predict when some of the actual components might be ready for installation. Vice Mayor Fredericks asked whether it was possible to ask the project managers to create a timeline and describe benchmark goals. Lustenberger said that might be possible. He also said these types of issues might be more fully thought out in the Design Review process; he said that in his review of the minutes, there was no talk about the length of construction of the project, only a focus on the time involved in the demolition process. Vice Mayor Fredericks commented that it was possible that the Town would not see a project of this scope ever again and she asked whether accord might be reached through setting benchmarks. Councilmember Fraser asked for a definition of the term "substantially completed". Lustenberger said this meant the time at which a Temporary Occupancy Permit would be issued and the family could occupy the structure. He said that perhaps landscaping would be left to do, or paint and carpet. Fraser asked how long a temporary permit lasted; Lustenbeger said this timeframe was set on a project by project basis. Mayor O'Donnell asked whether the Town required a performance bond for this size of project. Lustenberger said that it did not. Councilmember Fraser asked for a best estimate of completion of the project and was told August 2014. He asked whether this meant, when the last [construction] vehicle would leave the site. Lustenberger said that meant heavy equipment. Fraser asked for a date that included every single truck; the Building Official said he would be hesitant to give a date certain. Councilmember Fraser acknowledged that this was an unusual new project with many known and unknown components. But he suggested that someone must have experience with this type and scope of project and could address these questions more fully. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 5 Building Official Lustenberger said that he had requested a project schedule and that it was, in fact, a prerequisite for the consideration of an extension. Fraser said that a comprehensive analysis would be helpful. Lustenberger said that construction flow charts for a regular home are generally predictable, but the nature of this project made it more difficult to predict. Mayor O'Donnell asked whether, at the time of issuance of the permit in June 2010, the Town was aware that the project would take more than 18 months to complete. Director of Community Development Anderson said that the Building Official had granted the initial permit for 24 months, the longest that he had authority to grant. O'Donnell wondered about some of the components of the project that had been described as unique or custom or complex, such as the cantilevered beams. He said that he was in the steel business and that steel certainly was not "esoteric" in his opinion. The Building Official described a window component that was being fabricated for the project and had to undergo wind tunnel testing before installation, as it was not a standard building code-recognized design or fabrication. He said this assembly, and other design features of the project, were not 'off the shelf', which made working with them more difficult and time-consuming. Councilmember Doyle said he was Chair of the Design Review Board at the time the project was approved. He agreed that it was not even "close" to a typical home and he said he had been worried at the time about the massive amount of material to be removed from the site prior to the start of construction of the new home. He said this included 100,000 pavers, ponds, waterfalls, and four to five buildings. He said the question did arise how it would be possible to both demolish the existing structures and build the new project in the allotted time. Doyle said that the architect for the project was well known for his unique designs and that this home will be remembered in this context, as well. He said the Town simply lacked the necessary guidelines for dealing with the scope of this type of project. Mayor O' Donnell asked whether adding more people to the job would get it done faster. Lustenberger said that with this high level of precision construction it could be counterproductive. He also noted that the Town's rules did not allow weekend work. Mayor O'Donnell noted that the Empire State Building was erected in 13 months. Building Official Lustenberger commented that he has been the inspector of record for several, similar-size projects in other locales, and that the current project timeline was consistent with those projects. Vice Mayor Fredericks asked whether the construction schedule could be modified and filed periodically with the Building Department for the benefit of keeping the neighbors informed. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 6 Lustenberger said that this is the first revision of the construction schedule he has received and that it is a public document, available for review by the neighbors. He clarified for the Council that this is the schedule they were being asked to consider for the extension of the permit. The Council noted that in just receiving the document, they had not had time to review it. Councilmember Fraser said it looked to him mostly like a historical schedule; he said the Council owed it to the community to have an accurate schedule, perhaps a 30-day at a time schedule. He said this was more important than the issue of penalty fees and punishment. Fraser said that the schedule lacked specific detail to his satisfaction. Mayor O'Donnell said that it appeared the end-date of the construction was December 9, 2014. Councilmember Doyle noted that included landscaping and other work. Town Attorney Danforth pointed out that the Council had to accept the schedule if it decided to extend the permit. She suggested that the Council might ask the applicant to more finely tune it, if desired. Mayor O'Donnell opened the matter for public comment. Judith Thompson, CEO of Thompson Brooks, contractor, said she would speak after a presentation by the Project Manager, Patrick Davis. Mr. Davis said he had brought hand-outs of the presentation and timeline for the Council but noted that the Council had already received them [as late mail]. Mr. Davis gave a brief report on the background and history of the project. He said that it was 66% complete. He said the plans were only schematic drawings during the Design Review process so it would have been difficult to pinpoint specific timelines. He said that final engineered plans were submitted in August of 2012. Mr. Davis commented that the Fire Marshal had required a commercial fire sprinkler system due to the size of the project and cited this as an example of the unique, customized nature of the project. He listed other features, as well, which had led to the slower construction and precluding options for fast-tracking it. Nevertheless, he said they had tried hard to address the concerns of the neighbors and that they would make every effort to complete the project as soon as possible. He asked the Council to grant the extension of the permit. With regard to fees levied, Mr. Davis requested a cap on fees similar to the system used in the City of Belvedere ($1,000 per day with a cap of $200,000). He said the DRB had granted the applicants a variance for the size of the home and he said the construction timeline should reflect this, noting that three homes could be built on the two parcels and would take even longer (if constructed serially) than the current one-home project. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 7 Ms. Thompson concurred with the argument to calculate the fees based on size of the project. But she suggested that the Council might consider another way to control the time of construction on this type of project. Ms. Thompson went on to say that the property owners had already paid penalties associated with the time of the project construction and that the team was moving as fast as we can. She asked the Council not to penalize them further, stating that they had done nothing wrong. Mayor O'Donnell asked her how she would respond to the letter asking for more people to be placed on the project to expedite it. Ms. Thompson said that she, too, wanted to complete it as soon as possible but the she could not get any more people on the job. Councilmember Fraser asked the project manager how much longer past the estimated completion date the punch list items would take and when the last truck would leave the property. There was an ensuing discussion of whether this was in fact two or three months, or even four to six months. Fraser asked whether it was possible to present a believable schedule. In summing up his presentation, the project manager said that the project would enhance the beauty of the community and increase its property values and the property tax revenue to the Town. Dr. Mark Singer, resident of Gilmartin Drive for 20 years, thanked the Building Official for his excellent staff report and the Council for giving him the opportunity to speak. He said that he was not a NIMBY; that the construction was actually taking place in his front yard for the better part of three years, obstructing his views and causing noise and seismic disturbances to his family. He said that they had had to keep their windows closed for three years. Dr. Singer asked why the Town's ordinance [penalties] should not be enforced in this instance. He said the project timelines could not be verified; that his property had sustained physical damage to its structure and had broken windows. He said that in hindsight, he felt that the public was "gamed" during the design review process because of the awesome features of the new home but that it was not neighborly, fair or equal for a project of this size and cost to impact the neighborhood in this way. Dr. Singer suggested that the Council might also get a second opinion, as in medicine, regarding the construction timeline. He said the Council needed to do this and preserve the integrity of the [review] process. Mayor O'Donnell closed the public hearing. Vice Mayor Fredericks asked staff about the suggestion of obtaining a second opinion. Building Official Lustenberger said that there was a provision in the Town Code whereby the Town can require that another firm come in if the project is not being managed properly. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 8 Fredericks asked whether Mr. Lustenberger was comfortable with the current project team. Lustenberger said that there was no evidence of incompetence or reason to believe that the team would not move ahead in a satisfactory manner. Vice Mayor Fredericks asked about the drawings that had been presented to the Design Review Board. Director Anderson said that the detailed construction drawings were always developed later and that essentially what the Board approved was "pretty pictures". Fredericks asked if engineering was ever considered at the Design Review Board level. Anderson said no, not at the time of public review. He said that engineering was considered at the Building Department level during the permitting process but that the DRB never sees engineered plans. Mayor O'Donnell asked if the [engineered] plans were reviewed by Town staff or outsourced. Anderson said they were outsourced due to the size and complexity of the project. Mayor O'Donnell asked about the initial cost of the project and the fees paid to date. Lustenberger said the building permit had estimated the project cost at $13.5 million and that $243,882 had been paid to the Town in fees for the initial building permit issuance. Councilmember Fraser said the Council needed to determine how long the construction would take and needed more specificity in the timeline. He said that while the project appeared to be managed well on a day-to-day level, somehow there was a failure on the strategic level and there might be some room for improvement. He suggested following up on a peer review by bringing in an outside expert. Mayor O'Donnell suggested not rehashing the project and moving on to obtaining an appropriate timeline and determining how to apply the fees. Councilmember Doyle said that the fees were meant to penalize someone who is not doing what they are supposed to be doing. He said that was not the case in this instance. He said he did not see how the team could move faster on this type and size of project, so that creating an incentive fee did not seem understandable. Mayor O'Donnell disagreed; he said that there had to be some sort of incentive and that a commercial incentive was the greatest incentive. Councilmember Doyle said he understood the Singers' point of view; he said that he had lived through six years of construction of three houses in front of his own home. However, he continued to argue against the notion that the project was being willfully delayed. Councilmember Fraser suggested getting both a comprehensive timeline and a peer review and linking the fees to performance along the way. He said he had little confidence in the dates that had been projected. Doyle asked him then if a realistic estimation of completion was more important than fees. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 9 Town Attorney Danforth said there were, in fact, two components to the fees to be considered by Council: 1) penalty fees (because the Code did not allow more than two years of construction); and 2) a cost recovery fee which she said should be adopted to track the hard costs of staff review and inspections. Vice Mayor Fredericks said that in her work as a behavioral psychologist, it was proven that incentives drive behavior. However, she said she was reluctant to ask staff to "micromanage" the project. She said the unknowns would diminish over time and that her idea of using benchmarks was to give feedback to the neighbors. She said an incentivized fee schedule and cost recovery was for public efficacy and she said she was happy with the staffs recommendation and Councilmember Fraser's request for a [monthly] updated timeline. However, she said the latter would require management by staff. Mayor O'Donnell said he would support staff recommendation No. 2 coupled with a detailed timeline and additional oversight (peer review). Vice Mayor Fredericks asked what peer review would accomplish. Councilmember Fraser said that it would help answer the question of why, after 34 months, the project was only 66% complete. Building Official Lustenberger noted that the fees (associated with the schedule) were for three separate, six-month extensions and that the fees would become increasingly punitive. Fraser said he would not support that type of incentivized schedule. Mayor O'Donnell noted the timeline estimated a final inspection date of September 19, 2014. He asked if the punch list items would extend past that time. Lustenberger said that date included the punch list. The Mayor proposed adopting an incentivized fee schedule that would go to monthly in August or September [2014] and would go straight to penalty phase if the project was not completed. Councilmember Doyle said he agreed with the recommendation to request a more complete schedule but did not understand what they were penalizing. Mayor O'Donnell said that point of the penalties was to demonstrate that the Council would apply the same standards to every resident of the Town regardless of wealth, size of home, etc. O'Donnell said that the applicants made a choice to embark on this design, level of engineering, etc., and would have to live with the consequences of the process. He said that they were no doubt aware of the penalties they would have to pay to accomplish it and he said he was also sure that they wanted to get it done. So, in his estimation, Option No. 2 seemed the best option as it involved the straight application of the Town Code. Councilmember Fraser said that he was "on board" but wanted to see the schedule. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 10 Mayor O'Donnell agreed that the applicant should provide a more detailed schedule and that the Building Official, not the Council, should manage the timeline. Vice Mayor Fredericks moved "To approve the permit extension based on an incentivized fee schedule, contingent upon receipt of a more detailed timeline, and straight application of the Town Code if the deadline was not met". The Mayor suggested that the applicants be given a few more months to finish, perhaps to the end of the year [2014]. He said it would be easier to resolve if they were given a few more months. He said the monthly fees at this juncture would be $73,000 in October, $73,000 in November and $73,000 in December, for a total of $544,000. Town Attorney Danforth and Town Manager Curran attempted to further clarify the motion. Danforth said the six-month permit issued in June 2014 would expire at the end of 2014. Curran said that the Council had discretion and was not bound by a six-month extension. There was a sidebar discussion between Councilmember Doyle and Fraser about the need for review at the DRB level of the length of construction. Doyle said that the Board was told that there would be two crews; one for take down and one for build up. The motion was amended to read, "To direct staff to return with a resolution which extends the permit based upon the receipt of a more detailed timeline, using an incentivized fee schedule up to the completion date of September 19, 2014, allowing a few months' grace period at the monthly rate; if the completion of the project is not met by January 1, 2015, the Town will penalize the project in a straight application of the Town Code". Moved: Fredericks, seconded by O'Donnell Vote: AYES: Fredericks, O'Donnell NOES: Fraser, Doyle ABSENT: Collins Motion failed. The Town Attorney noted that failure to adopt a motion would mean that the permit extension was denied. The motion was restated as above except that the final extension of the permit would be granted for six months, bringing the completion date to December 23, 2014. Moved: Fredericks, seconded by Fraser Vote: AYES: Fraser, Fredericks, O'Donnell NOES: Doyle ABSENT: Collins DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 11 TOWN COUNCIL REPORTS Vice Mayor Fredericks gave an update on Plan Bay Area, the State-wide program planning effort to produce regional plans to accommodate the predicted increase growth in population and jobs while reducing C02 and Greenhouse Gas emissions as mandated by SB 375. A written outline of the points covered in the Vice Mayor's report is attached to these minutes. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS • Town Council Weekly Digest - April 19 & 26, 2013 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 9:58 p.m. EMMETT O'DONNELL, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 12 1. What is Plan Bay Area Statewide program planning effort to produce regional plans to accommodate the predicted increase growth in population and jobs whie reducing CO2 ad GHG emissions as mandated by SB 375 Overall: link land use and transportation to compact growth along transportation corridors keep growth in urbanized areas Goal: reduce CO2 emissions 15% percent by the year 2040 Initial phases of the planning effort concentrated on accuracy of growth projections. Why? Ultimately those projections will inform the availability of transportation RHNA for local jurisdictions 1 2. Current Discussion A. Extension of Review Time i) Release Plan Bay Area: is the regional plan released in March Plan Bay Area Draft Eir, released 2 weeks ago 1.5K pages incl the appendix, ii) Deadlines a). MTC deadline to comment on the EIR, May 16. b) Extension of comment period - will ask unlikely since: tied to OBAG deadlines set by federal grant process B. Request to Support No Build Alternative from an ABAG rep from another jurisdiction who is on the Exec Committee i. cherry picking the voluminous data can create a good argument for or against no build position ii. Small difference in regional projections for household growth under Project compared to No Build, according to MTC and ABA Eds 2 3. COMPARATIVE GROWTH A. Regional growth to 2040 Linda Jackson Slide 4/5 email AS A PERCENT OF CURRENT HOUSEHOLDS, MARIN has LOWEST GROWTH UNDER PBA MARIN LOWEST OF ALL 9 NORTH BAY COUNTIES Housing Units - Predicted Regional Growth as a percent of Current Households Santa Clara - 36%, Alameda San Francisco, 29%, Napa - 15%, Sonoma -19% MARIN 9% - is 1.1% of the predicted regional growth B. TIBURON 1. ONE OF LEAST IMPACTED TOWNS AS A RESULT OF COUNCIL AND STAFF ADVOCACY Original projections of household units 2040: 330 Household Growth informs the RHNAs Progressive outcome - RHNA for Tiburon lower than past cycles March RHNA for 2014-2022: 159 April RHNA for 2014-2022: 78 Growth already accounted for in the General Plan 3 4. Analysis Extending the deadline/or voting no build has some worrisome consequences for all jurisdictions, including Tiburon a. Extending the comment period puts funding from OBAG program at risk. The program includes potential for parks and open space as well as transportation b. Supporting the no build alternative has fiscal consequences too because of continued sprawl, more transportation investment is required. More VMT, Less GHG reduction does not meet requirements of AB 375. 9% less CO2 reduction than preferred alternative, Other counties will have to take growth and build in green space, e.g. Alameda, San Mateo, Contra Costa Most environmental benefits of no build vs, project are due to delays in project approvals & transportation projects. Delays result from the CEQA requirement to develop another alternative and an associated EIR. Delay will result in missing Federal transportation funding cycle. Currently funded projects will continue, but planned projects cannot be submitted until the Plan Bay Area is complete. We miss a potential $80M in OBAG funding and $800M in the TIP, the primary Fed program for statewide and local transportation funds 4 Recommendation: 1. Extension of comment period already being requested, but not likely because of consequences. 2. Approval of the No Build alternative unlikely because of the consequences 3. SOME NOT ALL JURISDICTIONS ARE RESPONDING TO THE DEIR. MOSTLY THOSE WITH PDAS WHO ARE THE MOST IMPACTED 4. TIBURON A. IS NOT ON A TRANSPORTATION CORRIDOR B. HAS NO PDAS C. GROWTH IS CONSISTENT WITH OUR GENERAL PLAN D. ALREADY PLANNED FOR THE GROWTH ALLOCATED The Town has come thru the process unscathed 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: Mayor and Members of the Town Council Administrative Services Department Investment Summary - April 2013 Town Council Meeting May 15, 2013 Agenda Item: CC- BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended April 30, 2013. ANALYSIS Agency April 2013 Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $1893519419.45 0.264% Liquid Fund (LAIF) Housing note to $ 8009000.00 0.378% Based on Town Manager Contract Money Market $ 100,000.00 0.20% Liquid (Bank of Marin Note to Former $ 189344.16 5.55% June 1, 2017 Town Employee Total $19,269,763.61 The total funds invested at the end of the prior report were $19,210,854.88 or $58,908.73 less than the current reporting month. FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for April 2013 Prepared By: Heidi Big all, Director of Administrative Services To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting May 15, 2013 Agenda Item: 22 Cc----- Subject: Resolution Extending the Building Permit for Construction of a Single Family Dwelling and Appurtenant Structures at 110 Gilmartin Drive; Stuart and Gina Peterson; owners and permit-holders Reviewed By: BACKGROUND At its meeting on May 1, 2013, the Town Council considered an extension of the building permit for a single family residence currently under construction at 110 Gilmartin Drive. After hearing testimony and discussing the matter, the Town Council directed staff to return with a resolution incorporating the direction of the Council for possible adoption at the next meeting. The Town Council's direction was to adopt the "incentivized fee schedule" option as presented in the May 1, 2013 staff report, modified to require immediate full payment of a Reactivation Charge of five (5) times the building permit fee if the work was not completed by December 23, 2014. The permit holder would also be required to return to the Town Council at that point in time for consideration of an additional time extension and permit reactivation. The Town Council also directed that a comprehensive and detailed construction completion schedule be submitted prior to granting of the requested extension from June 23, 2013 to December 23, 2013, said schedule to be reviewed and found acceptable by the Building Official. A draft resolution (Exhibit 1) incorporating this direction is attached for consideration by the Town Council. RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution. EXHIBIT 1. Draft resolution Prepared By: Scott Anderson, Director of Community Developmenr\ SAAdministration\Town Council\Staff Reports\2013\May 15 drafts\110 Gilmartin building extension report.doc RESOLUTION NO. XX-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IMPOSING REACTIVATION CHARGES AND REQUIRING A DETAILED CONSTRUCTION COMPLETION SCHEDULE FOR THE EXTENSION OF A BUILDING PERMIT TO CONSTRUCT A SINGLE FAMILY DWELLING LOCATED AT 110 GILMARTIN DRIVE WHEREAS, on June 23, 2010, the Town of Tiburon issued a building permit to the owners of 110 Gilmartin Drive. The building permit authorized the construction of a new single family dwelling with a garage, swimming pool, spa, and three accessory structures including a Yoga studio, garage and storage building, and a pool house, for a total of approximately 18,500 square feet. The building permit was issued for a period not to exceed 24 months, or until June 235 2012, which was the maximum initial permit length allowed by Chapter 13 of the Tiburon Municipal Code; and WHEREAS, on May 16, 2012, the permit holders filed for and were granted by the Building Official a six-month extension of the permit until December 23, 2012, and paid the required Reactivation Charge, as set forth by the Municipal Code; and WHEREAS, on December 19, 2012, the permit holders filed for and were granted by the Building Official another six-month extension of the permit until June 23, 2013, and paid the required Reactivation Charge, as set forth in the Municipal Code; and WHEREAS, on or about February 2013, the Building Official determined, in consultation with the project builders, that the project would not be completed within the remaining term of the building permit, and advised the permit holders that a referral of the building permit to the local appeals board was required pursuant to Municipal Code Title IV, Chapter 13, Article II, Section 13-4.1.1 (c) (3) 4, prior to the issuance of any additional time extensions. The Town determined that due to the administrative, non-technical nature of the matter, the appropriate local appeals board is the Town Council; and WHEREAS, on May 1, 2013, the Town Council of the Town of Tiburon held a public meeting on the referral of the matter from the Building Official and considered, without limitation, the staff report and correspondence and testimony from the applicant's representatives, neighbors, and other interested persons; and WHEREAS, the Town Council considered a range of options as set forth in the staff report and authorized by the Municipal Code, including but not limited to "strict application" of the Municipal Code provisions regarding Reactivation Charges, an "incentivized fee schedule" of Reactivation Charges, and a "lump sum" approach to the Reactivation Charges; and TIBURON TOWN COUNCIL RESOLUTION NO. XX-2013 -4-42013 WHEREAS, the Town Council voted 3-1 (Doyle voting no, Collins absent) to direct staff to return with a resolution for consideration of adoption at the next meeting incorporating the following decision: 1. Incorporation of the "incentivized fee schedule" option as set forth in the staff report, modified such that the reactivation charges shall be structured as follows until completion of the project, or until December 23, 2014, whichever occurs first: a. Payment of Reactivation Charges of $155,292 due by June 23, 2013 for a 6-month time extension until December 23, 2013; b. Payment of Reactivation Charges of $232,938 due by December 23, 2013 for a 6- month time extension until June 23, 2014; c. Payment of $77,646 due by June 23, 2014, for a one-month time extension until July 23, 2014; d. Payment of $77,646 due by July 23, 2014, for a one-month time extension until August 23, 2014; e. Payment of $77,646 due by August 23, 2014, for a one-month time extension until September 23, 2014; f. Payment of $77,646 due by September 23, 2014, for a one-month time extension until October 23, 2014; g. Payment of $77,646 due by October 23, 2014, for a one-month time extension until November 23, 2014; h. Payment of $77,646 due by November 23, 2014, for a one-month time extension until December 23, 2014; 2. In the event that the project is not completed by December 23, 2014, the building permit shall be suspended and work shall not proceed further until and unless the permit is extended by the Town Council following a public meeting and the Town receives payment of a Reactivation Charge of $388,230. 3. By June 10, 2013, permit holder must submit to the Building Official for acceptance a detailed, specific, and verifiable construction completion schedule, based on a maximum of 30-day increments, which incorporates time-to-completion estimates for each major building component or element. The construction completion schedule must clearly define the project completion date. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby extend the building permit for 110 Gilmartin Drive subject to the Reactivation Charge schedule provisions and construction completion schedule requirements set forth hereinabove. PASSED AND ADOPTED at a regular meeting of the Town Council on , 2013, by the following vote: 2 TIBURON TOWN COUNCIL RESOLUTION NO. XX-2013 -4-42013 AYES : COUNCILMEMBERS : NOES: COUNCILMEMBERS : ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: Udministration I Town CoundhStaff'Reports 120131May 15 draf1s1110 Gilmartin building extension reso.doc TIBURON TOWN COUNCIL RESOLUTION NO. XX-2013 -4-42013 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 Manager Town Council Meeting May 15, 2013 Agenda Item: Recommendation to Consider Proposal for an Art by the Bay Installation in Various Public Parks in Tiburon in Association with the Annual Tiburon Art Festival The Town was approached several months ago by Maxwell Drever, a resident of the unincorporated portion of the Tiburon peninsula, representing the Drever Family Foundation (DFF), regarding the creation of a temporary but substantial Art by the Bay installation on public land in Tiburon from August 10-18, 2013. The concept behind the installation, which is described in the attached exhibit and will be the subject of a presentation at the Town Council meeting, is to draw attention to the peninsula in a grand manner for the benefit of both the annual Tiburon Art Festival and a private fundraiser occurring on the Drever property for the non-profit organization 10, 000 Degrees. The installation, which would last 10 days, would be completely managed and funded by the Drever Family Foundation. Staff believes this unusual proposal could offer significant benefits to the community and hence is worthy of Council consideration. ANALYSIS Precedent. When first approached about this exhibit, Town staff expressed concerns about setting the precedent of allowing Town parks to be used for art or other displays to support a private event (even if a worthy fundraiser for a non-profit organization). Many such private events occur in Town, and the parks could quickly become overused for a purpose inconsistent with their main role as places for active and passive recreation. Staff also was concerned about the basis, or lack thereof, in the future for choosing one exhibit over another. However, staff believes the linkage of this exhibit with the Tiburon Art Festival addresses this concern. Having such an exhibit be permitted only in conjunction with the Art Festival effectively limits the precedent the Town would be setting in allowing this to proceed. Traffic. The scope and scale of Art by the Bay raises concerns about traffic. The monumental and unusual character of the art presentation is such that it could garner a significant amount of regional attention and with it car trips to the peninsula. Up to a point this attention and traffic is TOWN OF TIBURON PAGE 1 OF 3 Town Council Meeting May 15, 2013 not only to be expected but is desirable and a natural result of holding events such as the Tiburon Art Festival which the Town hopes will attract visitations from people around the Bay Area. Whether Art by the Bay will cause that to be excessive to the point of significant disruption or traffic delays is difficult to gauge. The countervailing or mitigating factors with traffic is that the exhibit would take place over an extended 10-day period of time while school is not in session and during a month when many residents are out of town. The new Marin Transit Shuttle Service, if approved on May 20, should provide quick service from Blackie's Pasture to downtown and thus may make its use as a park-and-ride lot viable for this event. For instance, visitors could be encouraged to park at Blackie's Pasture, walk the length of the path to downtown and Shoreline Park to enjoy the artwork, and then take the shuttle back. Security and Insurance. The potential for damage to the Town parks displaying the artwork is inherent with the proposal; the DFF proposes to repair any damage that occurs, which it believes will be minor. The security of the artwork itself from theft or damage would be the responsibility of the DFF, not the Town or Art Festival. The event would be insured at the organizers' expense and the Town would be fully indemnified to the satisfaction of the Town Attorney. FINANCIAL IMPACT There is no direct cost associated with this proposal, although some indirect expense will be incurred through the incidental need for Public Works or Police time, and the Town would need to oversee the specific installation to ensure the sites are suitable from a public safety and convenience standpoint. The Town would benefit from any additional patronage of the Art Festival and local businesses that resulted from the exhibit, as well as reap a potential long-term benefit from the exposure of Art by the Bay regionally and beyond. CONCLUSION Staff believes Art by the Bay could bring significant positive attention to the peninsula, help the Tiburon Art Festival achieve greater prominence and success, and boost the appeal of the private 10, 000 Degrees fundraiser at the Drever residence in the process. The potential traffic impacts of the proposal are difficult to assess; staff believes a condition of approval, should Council wish to grant it, would be that publicity for the event encourage people to walk and bike to the event and come to Town via the ferry or, if by car, to use Blackie's Pasture as a park and ride, (or walk or bike) lot. While the Town has no recent experience with an event of this scale and hence cannot draw upon historic comparisons, its unique quality and apparent benefits make it a prospect worth considering. The organizers of the event have gone to great lengths to speak with residents about the proposal (such as the property owners at Point Tiburon Bayside) and appear to have developed a significant amount of support for the concept. The Chamber of Commerce has endorsed it, and of course the Tiburon Art Festival is urging its approval to support its event. To~yv',v ot- Ti Qt' Ia) Page 2 of 3 Town Council Meeting May 15, 2013 RECOMMENDATION Staff recommends that the Town Council: 1. Consider approval of the proposed Art by the Bay installation in Tiburon parks as part of the Tiburon Art Festival and consistent with the attached proposal. 2. If Council does wish to approve the proposal, direct staff to ensure appropriate insurance and indemnities are provided in a timely manner prior to final authorization and direct the Town Manager to execute any additional contracts or documents as may be necessary to ensure the Town is protected against any liability associated with this event. Exhibits: Drever Family Foundation Proposal Prepared By: Peggy Curran, Town Manager fo~\V'~\ of-Tiiii Paac 3 of 3 Drever Family Foundation 8 May 2013 A proposal for presentation to the Tiburon Town Council The Idea Art by the Bay: Bringing two world-class art installations to Tiburon in cooperation, with and as an extension of the 2013 Tiburon Arts Festival. In association with the Tiburon Arts Festival, a ten-day outdoor art installation is proposed along two Tiburon waterfront locations for the period of August 10-18, 2013. Two prominent, internationally recognized artists will display their work: Jean Pierre Rives and Kiril Jeliazkov. Mr Rives is also a Tiburon resident. Both artists have shown their work in public and private settings. This event will represent the first public, outdoor installation for both artists in the western United States. The Vision Designed to be a part of and to coincide with the annual Tiburon Art Festival, these installations will extend the reach of the Festival both over geography and time. Open to the public, the installations will engage the community as they will reach more deeply into town, and will be enjoyed whether walking or biking or driving along several of Tiburon's beautiful bayside locations. The Installation Sites There are two sites that have been chosen by the artists: Blackie's Pasture extending along the Old Rail Trail, and along Shoreline Park. The Opportunity Inspired by the nascent and popular Tiburon Arts Festival, Art by the Bay will bring world-class artists together with an unprecedented idea: to make great art, on a large scale, available to the community in a truly stunning setting that is our town. The Drever Family Foundation (DFF), based in Tiburon, has offered to underwrite expenses related to the installations-from set up to breakdown. This includes the cost for insurance. Already, under our Hotbed charity event for 10000 Degrees, one benefactor of Kiril Jeliazkov has verbally committed to underwrite part of the cost. Kiril and Jean Pierre are also showing at our Hotbed event, where they and their benefactors are sponsors. If others in the town are interested in joining our efforts, will be much appreciated. By partnering with both the Tiburon Arts Festival and the Town of Tiburon, the Drever Family Foundation hopes to inspire Tiburon residents, visitors and merchants, and to support and further grow Tiburon's reputation as a world-class town. Finally, it is believed that this effort will help to promote ongoing business and cultural activity in Tiburon. 1 Benefits of "Art by the Bay" • A unique opportunity to positively expand the scope, reputation and visibility of the Tiburon Arts Festival • The event brings two world-class artists to our community and will result in both positive press and word of mouth activity, but will also greatly extend the mission of the Festival • Creates a great number of marketing opportunities for the Town of Tiburon, its website, and subsequent opportunities in the traditional and non-traditional media • Provides opportunity for residents and guests to enjoy and experience downtown Tiburon and several other locations and community assets in a new way • Provides great upside for Tiburon merchants, and is very consistent with the short- and long-term goals of revitalizing downtown Tiburon • Leverages the messages that the town has recently adopted, and is aspirational activity that is clearly consistent with other town activities (e.g., Tiburon Wine festival, Friday Nights on Main) • We are exploring ways to further extend the reach of the event into the RUSD. If successful, details will follow. • Comes at no cost to the town as the Drever Family Foundation has agreed to underwrite all related costs to install/break down and insurance Logistics Jean Pierre Rives, sculptor The plan is to install 3 pieces along Shoreline Park. His medium is steel and his works are constructed in Mendocino and transported by truck to installation sites. The pieces he envisions for Tiburon are 1000- 3000 Ibs, and the dimensions (high and/or wide) are 5' to 20'. He provides the manpower to move and set each piece. Each piece will be anchored to metal bases for stability, and will be customized to accommodate the natural slope of the Park. The work is subject to the elements and in his words "are indestructible." Due to the hardness of the materials and the possible "attractive nuisance" they may attract, he plans to hang ropes around each piece with signage that says "Do Not Touch". Time to install is a full day; Breakdown is about the same. Some of the pieces will have minimal contact with the ground; others will rest on metal or wood plates. Upon removal, repairs to any damaged grass will be made. Both artists would like detailed plans of projected sites in order to design placement away from sprinklers. Kiril Jeliazkov, painter The concept behind Mr. Jeliazkov's installation was developed with an engineer due to the sheer size and vision. His piece, entitled The Orange Step is comprised of 128-20' x 10' brightly covered vinyl panels, which are assembled in 64 2-sided pieces. The installation is complex as it involves securing the artwork to posts that are anchored 3 feet into the ground and engineered so that they flex with the wind. The installation will take up to one week to install, and 4 days to take down. The process was designed to enhance the artwork and to leave the site the way it was found. We have detailed structural drawings illustrating the engineering and a video that shows the actual installation process available to provide greater detail. We understand that the water table is high in certain areas of Blackie's Pasture, and will adjust appropriate placement to areas that can safely handle the pieces. Former installations in a historic park in Savannah, Georgia and on a Palm Beach, Fla. golf course for a PGA tournament successfully addressed sensitive environmental issues. Both artists and their crews will be in the town of Tiburon for the duration of the exhibit to talk with the public and to oversee the event. Planning Considerations Traffic • While we take the issue of traffic seriously, we believe that, by stretching the display over 10 days when school is not in session, we feel traffic issues will be mitigated. Residents and visitors have the full period of time, across two weekends, to view the work. • Artwork will be displayed in areas that are not designated high traffic areas. They are not concentrated "up" the peninsula or in the downtown area. • Blackie's has ample free parking for 100-200 cars. • Both venues offer multiple viewing opportunities - by foot, by bike, boat and car. Both areas are also ADA accessible. Health & Safety • Both artists have strong track records for their previous outdoor exhibitions - no claims have ever resulted from prior installations • The pieces are built to withstand inclement weather and exposure, and do not represent hazards to passersby under virtually any traffic condition • Artists to be on-site for the duration of the event Insurance • DFF has agreed to provide the insurance that the Town of Tiburon requires, and is in process of developing full proposal and quote with the Fireman's Fund. Again, we are seeking local sponsorship to help DFF carry these expenses. Preliminary/projected Timetable Estimate for Insurance to be secured 5/15 Rives installation work begins 8/9 Jeliazkov installation work begins 8/2 Installations officially open 8/10 - 8/18 Tiburon Arts Festival officially opens 8/17 Tiburon Arts Festival closes 8/18 Rives installation breakdown begins 8/19 Jeliazkov breakdown begins 8/19 Breakdown/restoration complete 8/25 The Opportunity With the goodwill and approval of the Tiburon Council and staff, we will be moving towards revitalizing our downtown and setting a great precedent for future efforts. To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Peggy Curran, Town Manager Town Council Meeting May 15, 2013 Agenda Item: _ Consideration of Cooperation and Sponsorship Agreement with Youth America's Cup Challenger Team USA45 and Authorization of Town Manager to Execute Agreement ( e-,,_ ~ INTRODUCTION The Marketing & Communications Task Force (M&C) and the Town's Marketing Director have identified an opportunity for Town involvement in the upcoming America's Cup races scheduled for San Francisco Bay this summer. M&C is requesting that the Town Council consider a Cooperation and Sponsorship Agreement whereby the Town would sponsor a team in the newly created race designed for young sailors called the "Youth America's Cup". Under the proposal, Tiburon would become the "Official Home of Youth America's Cup TEAM USA45". BACKGROUND The America's Cup is the oldest trophy in sports history and is recognized as the premier sailing event in the world, happening only once every three or four years. The next America's Cup is scheduled for late summer on the San Francisco Bay. For the first time in its history, America's Cup has added a youth competition to the event for teams aged nineteen to twenty-four. The Red Bull (the event's major sponsor) Youth America's Cup races will take place between September 1 and September 4, 2013. The format will be fleet racing and will take place close to shore next to the Embarcadero. Two American teams were selected by Oracle Team USA through an extensive application and selection process. American Youth Sailing Force represents young sailors from the City of San Francisco, and USA45 represents young sailors from across the United States as a whole. Under the attached Agreement, the Town of Tiburon would be designated as the "Official Home of Youth America's Cup TEAM USA45". The M&C Task Force and the Town's Marketing Director believe this designation would provide the Town with international, national and local media coverage and the ability to participate in the staging of special events that will likely bring many visitors to the Town and raise the Town's profile as a destination to visit in the Bay Area. They also feel the positive effects of this exposure could last long after the event is over, as the Town would have permanent use of the designation. TOWN OF TIBURON PAGE 1 OF 3 Twwii Council Mectinc, May 15, 2013 In exchange for this publicity, Tiburon would agree to use its best efforts to provide assistance in a variety of areas including: Introduction to our two yacht clubs and local businesses to procure a variety of services including: a. training facilities and berthing for the team's practice boat(s) b. housing for 15 team members from June - September c. office space for the team's administration d. access to a gym 2. Tiburon's assistance with parking, logistics and permits for TEAM USA45 Angel Island/ Tiburon special events. 3. Assistance with the creation of one special event through the yacht clubs or another private venue. 4. Generation of community support for TEAM USA45 through its website and social media channels. If Tiburon is unable to secure yacht club cooperation and housing accommodations by May 31, 2013, either party may terminate the Agreement with no liability or future obligation of any kind to the other party. ANALYSIS The draft Agreement requires that the Town use its "best efforts" to secure goods (like housing) and services (like fundraisers) for the team, but is clearly written to not obligate the Town beyond that level of support. The Town would work with the local yacht clubs, which appear very receptive to this approach, and some local merchants to provide most of the elements described. The Town would not be required to fund anything directly, but there would be indirect costs which are described in the financial impact section below. M&C believes this is a rare opportunity to associate with a long-standing and highly prestigious international event at minimal cost. It also feels that this is appropriate for Tiburon given its bay orientation and local sailing culture; many residents might enjoy the opportunity to meet (for instance, at a Friday Night on Main, where the team is expected to have a presence) these national-caliber young sailors. Traffic to the Town's website could increase significantly as well, which in turn would help its "search engine optimization". Increased hits on the Town's website are a major goal of M&C in its long-range strategy to raise Tiburon's profile as a destination worth visiting. Staff does not see any significant downside to this approach, assuming the level of indirect cost and attendant Town effort is acceptable, and the upside potential appears substantial. Consequently, staff urges the Town Council to give the proposal consideration; if Council wishes to proceed, staff also recommends the Town Manager be granted some latitude to fine-tune the Agreement since it was completed with some haste as this opportunity only belatedly arose. To\v,v,, or Ti ki SRO N Paac ? of 3 To\vn Council Fleeting N,1 ay 15, 2013 FINANCIAL IMPACT While there is no monetary contribution required per the Agreement, staff estimates that Tiburon will incur approximately $12,250 in costs that include the following: 1. $1,000 - Graphic design services to reformat our promotional brand for placement on the boat, clothing and other promotional items and banners; 2. $200 - Production of banners for Main Street, Tiburon Boulevard and Blackies Pasture; 3. $65750 - Marketing Director (currently working 2 1/2 days per week - would extend that to 4 days per week for 16 weeks) to ensure Tiburon receives maximum benefit from this arrangement; and 4. $25500 - Miscellaneous costs. In exchange for this expense and effort, Tiburon would receive significant branding exposure. Tiburon businesses (and local tax revenue) would be expected to benefit from increased local and visitor activity via the special events that would stem from this sponsorship. RECOMMENDATION Staff recommends that the Town Council: 1. Consider approval of Cooperation and Sponsorship Agreement with TEAM USA45- Racing, LLC. 2. If Council wishes to proceed, authorize the Town Manager to execute the Agreement, including minor changes as necessary, and approve the expenditure of previously budgeted marketing funds for this purpose. Exhibits: Draft Agreement Prepared By: Jill Rodby, Marketing Director Peggy Curran, Town Manager To~vv,-,,, ()1- TIRt izo~y Page 3 of 3 m ~3 s' r f x Challenger for the Red Bull Youth America's Cup 2013 CO-OPERATION AND SPONSORSHIP AGREEMENT BETWEEN TEAM USA45-RACING, LLC AND THE TOWN OF TIBURON THIS AGREEMENT (the "Agreement") is made and entered into between the TEAM USA45-Racing, LLC, a California limited liability company organized for non-profit purposes ("TEAM USA45") and the Town of Tiburon, a California Municipal Corporation ("Town"). RECITALS TEAM USA45 is the United States challenger for the Red Bull Youth America's Cup, a yachting race for young sailors taking place in San Francisco from September 1St through 4th 2013 ("Youth Race"). TEAM USA45's official Marketing and Hospitality Agent is Golden Gate Arena, LLC. 2. TEAM USA45 desires to base its pre-race operations in the Town and has asked the Town to participate in a cooperative effort to highlight TEAM USA 45's activities and promote the image of the Town. The Town has agreed to assist TEAM USA45 on the terms and conditions set forth herein._ 3. In consideration of the respective rights and obligations under this Agreement, and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, TEAM USA45 and the Town agree to the following terms and conditions, including the Standard Terms and Conditions attached hereto and incorporated by reference herein: AGREEMENT 1. Term. The term of this Agreement shall commence upon execution and, except as otherwise provided herein, terminate on December 31, 2013. ("Term"). 2. Town - Rights and Obligations. a. Beginning on the effective date of this Agreement and continuing in perpetuity, the Town shall have the exclusive right to designate itself as the "Official Home of Youth America's Cup Challenger TEAM USA45" (Or other similar designation as mutually agreed between the Town and TEAM USA45). b. During the term of this Agreement, the Town shall have the exclusive right to authorize merchants and businesses in Marin County to describe themselves as Official Sponsors of Youth America's Cup Challenger TEAM USA45 ("Official Sponsors"). The right 5/9/2013 1:51 PM shall commence upon Town authorization and continue until one year after the Youth Race. The Town will grant this authority to merchants and businesses that it determines, in its sole discretion, have provided specific cost savings, revenue generating services or other material benefits to TEAM USA45. In the event that an Official Sponsor provides a material benefits to TEAM USA45 not provided by other Official Sponsors, the Town may authorize the use of an "Official" designation that identifies the nature of the unique service. Examples: Official Tiburon Hotel of the Youth America's Cup Challenger TEAM USA45, Official Tiburon Caterer of the Youth America's Cup Challenger TEAM USA45, etc. c. The Town shall include the official mark of TEAM USA45, as depicted in Exhibit A, which is attached hereto and incorporated herein by reference, in the Town website, social media pages and other forms of advertising employed during the course of this Agreement. Town may, in its sole discretion, continue to so use the mark of TEAM USA45 in perpetuity. d. The Town may, but is not required to, create a dedicated micro-site on its official town website dedicated to TEAM USA45. e. TEAM USA 45 shall provide the Town with the names, images and likenesses of TEAM USA45 team members, both individually and as a team. The Town may use said names, images and likenesses as it deems appropriate to further the purposes of this Agreement. f. The Town issues a special event permit to the Chamber of Commerce for Friday nights during the summer, known as "Friday Nights on Main" ("Friday Nights"). The Town will assist in arranging a location at six Friday Nights, the dates to be set by mutual agreement, where Team Members can meet the community, sign autographs and sell merchandise and other products benefiting the team. g. The Town will 'promote the TEAM USA45/Town relationship by the following methods. i. The Town will work with the local yacht clubs to organize and hold at least one fundraiser benefiting TEAM USA45. This fundraiser will be held on private property at no expense to the Town or TEAM USA45. ii. The Town will advertise the fundraiser in the Town's monthly newsletter and on its website. iii. If TEAM USA45 holds any other events in Marin County, the Town will advertise said event in the Town's monthly newsletter and on its website. iv. The Town will include on its website and in its monthly newsletter information about how local business and the public can support TEAM USA45 in the Youth Race. 3. TEAM USA45's Obligations. 2 5/9/2013 2:17 PM a. Town Brand v.l is set forth in Exhibit B and Town Brand v.2 is set forth in Exhibit B (collectively, "Town Brands"). Exhibits A and B are attached hereto and incorporated herein by reference. The Town shall have the right to modify either or both of the Town Brands, provided that such modification does not increase the burden on TEAM USA45. Wherever this Agreement refers to "a Town Brand," that reference shall mean, at the Town's sole discretion, either Town Brand v. I, Town Brand v.2 or a reasonable modification thereof. b. TEAM USA45 will place a 2.5 square meter rendition of Town Brand v. I on TEAM USA45 training and racing vessels on the outside rear location on each hull. c. Beginning on the effective date of this Agreement and continuing for a period of one year after the Youth Race, TEAM USA45 will incorporate a Town Brand into all signage at its Base facility in San Francisco. d. Beginning on the effective date of this Agreement and continuing for a period of one year after the Youth Race, all TEAM USA45 Casual (off-water) Clothing - Specific brand location and product lines will include Town Brand v.2. e. Beginning on the effective date of this Agreement and continuing for a period of one year after the Youth Race, TEAM USA45 will incorporate a Town Brand into Official Team Letterhead. £ Beginning on the effective date of this Agreement and continuing for a period of one year after the Youth Race, TEAM USA45 shall reference "Tiburon by the Bay" as the "Official Home of Youth America's Cup TEAM USA45" on any TEAM USA45 website, including a 2-way hyperlink between their respective websites, and, wherever possible, including a reference to Tiburon in any of its external communications. g. Beginning on the effective date of this Agreement and continuing for a period of one year after the Youth Race, TEAM USA45 shall identify "Tiburon by the Bay" as the "Official Home of Youth America's Cup TEAM USA45" on any TEAM USA45 website, including a 2-way hyperlink between their respective websites, and, wherever possible, including a reference to Tiburon in any of its external communications. h. Beginning on the effective date of this Agreement and continuing for a period of one year after the Youth Race, TEAM USA45 will include a Town Brand in its marketing and public relations programs including website and general media and shall identify "Tiburon by the Bay" as the "Official Home of Youth America's Cup TEAM USA45." Beginning on the effective date of this Agreement and continuing for a period of one year after the Youth Race, TEAM USA45 will use its best efforts to include a reference to "Tiburon by the Bay" as the Official Home of Youth America's Cup TEAM USA45" into media that may come under its control through the event from event organizers, event title sponsor or event broadcaster and other official media partners. 3 5/9/2013 2:17 PM J. The TEAM USA45 shall take all reasonable and appropriate actions to promote the Town throughout the Term of this Agreement. k. TEAM USA45 will provide the Town with the opportunity to reject any use of the Town Brand or name that is not expressly mandated by this Agreement. 1. TEAM USA45 will use its best efforts to arrange for Town merchants and businesses to market of tickets and hospitality packages benefiting TEAM USA45 and promoting the Town. in. TEAM USA45 shall provide the Town with the following: i. 10 VIP Passes per day into the TEAM USA45 Base `located on Marina Green in San Francisco September 1-4, 2013. ii. 2 VIP Sailing Excursions per day, to watch TEAM USA45 compete in the Red Bull Youth America's Cup on the boat `America', departing from the Golden Gate Yacht Club in San Francisco on September 1-4. 4. Special Events. In the event that TEAM USA45 elects to hold any special events on Town property to further the purposes of this Agreement, such events shall be subject to the Town's normal requirements, including, without limitation, special event insurance coverage, with an endorsement providing the Town with primary, non-contributory coverage. The Town shall provide reasonable support during the application process and during the event itself, provided that such support does not interfere with the Town's normal operations or entail extra cost for the Town. 5. Logistical Support. The Town will use its best efforts to obtain logistical support for TEAM USA45 by requesting local yacht clubs to provide the following services: a. Sailing Compound - An area(s) for operating TEAM USA45's sailing campaign, which shall include a covered, enclosed area to meet, securely maintain equipment and generally proceed with all things necessary to support the Youth America's Cup sailing program both on the water and on shore. b. Boat Yard - Access to an area where TEAM USA45 may pull its vessels out of the water as necessary to perform repairs and maintenance. Area will need to be large enough to house a crane for pulling the wing from the AC45. c. Access to a physical conditioning, exercise, and weight lifting facility where team members and coaches can work-out as necessary. d. Use of an office location and address, capable of receiving deliveries, wired for phone and internet and large enough to accommodate a minimum of 4 working positions. e. Housing accommodations for 15 people beginning June 1 through September 23, 2013. 4 5/9/2013 2:17 PM f. Meal Facilities - provide discounted or free food supplies, access to a kitchen for daily use and/or discounted meal options at local restaurants. g. The Town will organize and attend meetings between local merchants and businesses and TEAM USA45 representatives, to solicit their support and active participation in supporting the Tiburon and TEAM USA45. 6. Best Efforts Obligations. The parties acknowledge that the Town's primary obligation under this Agreement is to assist TEAM USA45 in obtaining support from community merchants and businesses and the Town cannot guarantee that TEAM USA45 will actually obtain said support. The parties also acknowledge that the needs of TEAM USA45 lie outside the Town's core function as a municipal government. Accordingly, the Town's obligations under this Agreement are on a best efforts basis. Notwithstanding the foregoing, TEAM USA/45 cannot perform its obligations under this Agreement without the support services listed in Section 5 (a), (b), (d), (e) and (f) ("Core Support Services"). If the Parties are unable to procure the Core Support Services by May 31, 2013, either party may terminate this Agreement with no further liability or future obligation of any kind to the other parry. The Parties will confer regarding the Core Support Services no later than May 31, 2013 to confirm whether they have secured said services. 7. This Agreement includes the additional terms and conditions set forth in Exhibit C, which is attached hereto and incorporated herein by reference. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands the day and year first herein above written. TEAM USA45-Racing, LLC By: Print Name: Title: Date: APPROVED AS TO FORM: By Ann R. Danforth, Esq. Town Attorney, Town of Tiburon TOWN By: Print Name: Title: Date: By Attorney, TEAM USA 45 5 5/9/2013 2:17 PM To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Attorney Town Council Meeting May 15, 2013 Agenda Item: 2 ig , J Recommendation to Appoint Advisory Board for Tiburon Tourism Business Improvement District 0~- BACKGROUND AND ANALYSIS On March 20, 2013, the Town Council approved an agreement terminating the 2007 contract with the Marin County Visitors Bureau. Upon doing so, the Town assumed responsibility for the proper handling of the funds collected by the Town's two hotels, the Lodge at Tiburon and the Water's Edge Hotel, per the existing 2% Tiburon Tourism Business Improvement District (TTBID) assessment for promoting tourism. State law establishes a special process for using TTBID funds. The next step in this process is for the Town Council to appoint an Advisory Board. The Board would prepare a report with recommendations for future tourism promoting programs, which report would come back to Council and become the basis for the formal modification of the activities that the Town may fund with these assessments. The Advisory Board would also prepare annual reports in connection with the levy of assessments. Staff recommends that the Council form the TTBID Advisory Board at this time to be composed as follows: one representative to be appointed by each assessed business (The Lodge at Tiburon and the Water's Edge Hotel), the Town Manager and one member of the Town Council. Staff will return at a later meeting with a draft ordinance approving the financing of a local program. RECOMMENDATION Staff recommends that the Town Council: 1. Form a TTBID Advisory Board consisting of. one representative to be appointed by each assessed business (The Lodge at Tiburon and the Water's Edge Hotel), the Town Manager and one member of the Town Council. 2. Appoint a Council member to sit on the Advisory Board. Prepared By: Ann R. Danforth, Town Attorney Peggy Curran, Town Manager TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Police Department Town Council Meeting May 15, 2013 Agenda Item: XJ- Z/ Recommendation to Adopt Resolution Modifying Parking Bail Adjustments In September, 2010, the Town Council approved an increase in parking bail for the first time in 19 years. At that meeting, Staff was directed to review the bail schedule on a more regular basis. Every three years was recommended, making this an appropriate time to revisit the Town's parking bail schedule. ANALYSIS Upon review, Staff has determined that the Town of Tiburon's parking bail schedule for Municipal Code and California Vehicle Code violation bail are, with one exception (Failure to Curb Wheels), lower than other agencies in Marin County. The discrepancy between our bail schedule and that of other communities leaves us out of compliance with the California Vehicle Code which authorizes the Town to set bail and penalties for parking violations. 40203.5. (a) The schedule of parking penalties for parking violations and late payment penalties shall be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties. Another consideration for the Town Council is the steady erosion of revenue attributable to the action by the state legislature and the county increasing fees which now total $12.50 per citation in addition to the charges (currently $1.50 per citation) the Town pays to the outside firm that processes the citations. The net result is that the expense of parking enforcement is being increasingly borne by the general population rather than violators. Town Council Meeting May 15, 2013 A comparison with other Marin jurisdictions is provided in Exhibit 1 "Parking Fine Comparisons". The attachment illustrates Tiburon's current parking bail, proposed parking bail and the parking bail schedules for all other similarly sized Marin County jurisdictions, all of whom have recently updated their schedules, except Fairfax (did not respond to request) and Mill Valley (in process of updating schedule). More than two-thirds of the citations the Police Department issues are for overtime parking; the new bail schedule would raise the fine for that violation from $35 to $45. FINANCIAL IMPACT Using last year's citation history as a basis, the proposed bail schedule would yield an increase of $27,242 forsan estimated total of $74,826.00 in parking fine revenue. RECOMMENDATION It is recommended that the Town Council: Move to approve the resolution. Exhibits: 1. Resolution 2. Parking Fine comparison Prepared By: David M. Hutton, Captain To~vv'N oi:TIRl1RO N Page 2 of 2 "'V ? T137 NO RESOLUTION NO. XX-2013 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING RESOLUTION NUMBER 50-2010 REVISING THE BAIL SCHEDULES FOR PARKING VIOLATIONS OF THE TIBURON TRAFFIC ORDINANCE WHEREAS, the bail schedules for parking violations were revised by Resolution No. 672, Resolution No. 2495, Resolution No. 2501, and Resolution No. 2823, and Resolution 50-2010, and WHEREAS, the Town of Tiburon has determined them to be inadequate for the deterrence of continued violations of the parking section of the Tiburon Traffic Ordinance, NOW, THEREFORE, BE IT RESOLVED that Resolution No. 50-2010 is hereby amended and a new bail schedule will be established for parking violations as indicated below: Section Violation Bail 21211(A)CVC BIKE LANE, OBSTRUCTING 65.00 22515CVC PARKED MOTOR RUNNING 55.00 22500(A)CVC IN INTERSECTION 75.00 22500(B)CVC PARKING IN CROSSWALK 45.00 22500(C)CVC BLOCKING SAFETY ZONE 55.00 22500(D)CVC 15 FEET FOF FIRE DRIVEWAY 100.00 22500(E)CVC BLOCKING DRIVEWAY 55.00 22500(F)CVC SIDEWALK PARKING 55.00 22500(G)CVC OBSTRUCTING TRAFFIC 45.00 22500(H)CVC DOUBLE PARKED 60.00 22500(1)CVC NO PARKING-BUS STOP 280.00 22500.1CVC PARKED IN FIRE LANE 100.00 22507.8(A)CVC HANDICAPPED PARKING 335.00 22507.8(B)CVC BLOCKING HANDICAPPED ACCESS 335.00 22507.8(C)CVC HANDICAPPED HATCHMARKS 335.00 22514CVC 15 FT OF FIRE HYDRANT 120.00 22522CVC BLOCKING ACCESS RAMP 45.00 23-15MC OVERTIME PARKING 45.00 23-22MC DISOBEYANCE NO PARKING SIGNS 45.00 23-30MC STOPPING OR STANDING IN PARKWAY PROHIBITED 45.00 23-31(2)MC POSTED NO PRKG W/O RES PERMIT 45.00 23-31MC NO PARKING AREAS - DUMPSTERS ETC 50.00 23-32MC PARKED IN EXCESS OF 72 HOURS 180.00 Parking Fines (Bail Schedule) Adopted 5/15/13 Pagel of 2 23-33MC PARKING ADJACENT TO SCHOOLS 45.00 23-34MC CLEARANCE REQUIRED ON NARROW STREETS 75.00 23-35MC FAILURE TO CURB WHEELS 50.00 23-36MC UNLAWFUL PARKING - VENDORS 45.00 23-37MC EMERGENCY PARKING ONLY 45.00 23-38MC OVER 18" FROM THE CURB OR FACING THE WRONG WAY 50.00 23-39MC NOT PARKED WITHIN SPACE MARKINGS 45.00 23-40MC COMMERICAL VEHICLES - RESIDENTIAL AREAS 45.00 23-41MC LOADING ZONES 50.00 23-42(1)MC GREEN ZONE 50.00 23-42(2)MC RED ZONE 75.00 23-42(3)MC YELLOW ZONE 50.00 23-42(4)MC WHITE ZONE 50.00 23-43MC NO PARKING/ STOPPING IN ALLEY 45.00 23-45MC TAXI PARKING ONLY 45.00 23-46MC PARKING FOR REPAIR 45.00 23-47MC WASHING/POLISHING VEHICLES FOR BUSINESS PURPOSES 45.00 5204(A)CVC NO CURRENT REGISTRATION TABS 135.00 4000(A)CVC NO EVIDENCE OF CURRENT REGISTRATION 196.00 27155CVC MISSING GAS CAP 45.00 52000VC FAILURE TO DISPLAY LICENSE PLATES 96.00 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on may 15, 2013, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EMMETT O'DONNELL, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Parking Fines (Bail Schedule) Adopted 5/15/13 Page 2 of 2 EXHIBIT NO. z O N a O V J Z_ Y a M-1 c-1 00 00 d 00 01 Ln M ~ m Ln m 111 00 l0 m Ln 0o N N r-I M M M r.% 01 Ln M d Ln ~t q* R* M Kil 00 Ict 0 N Ln d' r 111 d Ict Ln Nt Q~G J cn r-r 00 00 00 t.0 00 00 l0 00 w 00 w 00 l0 00 lD m N m r-I cn M cn M rn M 00 00 M M d M qt M d M M N 0o lfl M 0 J~Q~ O ~ ' PN Q 5 PJ 5 P~ ~y O O Ct o d O 0 0 r4 0 N 0 N 0 O O [t C) Ln a~-I Ln Ill 0 G~ cQJ OO ~O C R: P m r1 r1 00 00 ° o 00 00 LO m LD 00 La 00 LO 00 00 m m O m m W .-1 Ln m m Ln m m Ln m m m LD .-I Ln o m Ln m u-) Ln Ln m Ln ° 00 Ln ° 0 o Ln Ln Ln ~ J O 0+ 5p O Q. ~ ~Q Ln to Ln Ln Ln r- Ln Rt Ln Ln ° ° Ln Ln Ln Ln Ln K* o tD o 000 rNI o ° Ln m Ln m Ln m o ~ Ln q* Ln ~ Ln Ln Ln o Ln ° 00 Ln ~ Ln ~ o Ln Ln Ln Rt OC ~OJ Q O~ ~Q ~Q. o N O N v [t O O ~ m Ln o O It O N rn ~i LD N O Lr) 00 N 00 N 00 N 00 N O N Ln m w z O Z o O M 0 ,'n rl O Ln Ln O Ln o N 0 J O~ ~Q J~ P~ 0 w m 2 O N H W w m a } j ' U w m L~n > N V) LLJ U ~ N Z v1 ~ Q a w - a N O N _j O O ac Z Ln o Z Z j a Z Q 3 ? 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N L, N 0 Ln v M 0 Ln ~ Ln v r-I O N '~I' n ~ r-I O r-I M w l0 1.0 110 w Oo Oo 00 00 l0 w l0 w w w w co Oo 00 00 't Ln ° ~ r-I Lo 0 t Ln 1-t O Ln O Ln O 0 0 O Ln O o Ln to Ln d to t ICT r-1 lD (n Ln 1:T a r-I O Ln 0 R* 0 -tt O Ln O In Ln r- O Ln O Ln Ln M* 0 IQ, Ln ICT In Ln M W O1 Ln lqr W m v M O M o tt m M o N o M m M m M o N O N o Ln o I;t Ln m ° M o N w Cn L) LLJ N O C7 ccc O a cc N Q w w Z Q O co V w ~ O LL 00 > O LI) Z w Q w u a z w oc a O Z ~ Q z w oc w J U Lu > J U W p V w Z 0 o W w N w owc 0 Z w w O N p w w w Z N F- = > w Q z z a- o u~1 Z Y Q a O Z ~ z O 0 Z a Q F- a c Ow (D le Q a z N co oc Ow W U = > Z = li O Z = Ln < D F- Z N = H Z W cc V Z z o a ~ N w cl: F- Z V O W Z w 0 > w Z a v n 0 Z cn D N w F- N LLJ U g Q- O F- w Z) J IQ V V V V V V V V V V V V V U V U > V 2 00 M 2 Q1 M 2 O 2 -I IT rl N li N N ll~ M N 1* N 'IT M 'IT to KT l0 Rt I, d O O O U Ln r-I > O O M M M m M M m M M M M M N O r- N N N N N N r 4l N N N N N Ln 11t N Ln To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting May 15, 2013 Agenda Item: f t-- Appointments to fill vacancies on Town Boards and Commissions There is currently one vacancy on the Tiburon Planning Commission due to the resignation of Commissioner John Kunzweiler in February, after 11 years of service to the Town. There is also a pending vacancy on the Belvedere-Tiburon Library Agency Board due to trustee Beverlee Johnson's two-term limit expiration in June 2013. The Town Clerk has advertised these vacancies in the Ark and Marin Independent Journal, and posted notices at Town Hall and Belvedere-Tiburon Library, pursuant to Town policy. At its March 20 and April 17 meetings, the Council began conducting interviews for the vacancies on the Planning Commission, Design Review Board, and Heritage & Arts Commission, and subsequently filled two of the vacancies (Design Review Board and Heritage & Arts Commission). The Council then directed staff to continue to advertise for the Planning Commission vacancy. Council also directed staff to ask one of the Library applicants it had previously interviewed to come for a second interview at a subsequent meeting. At tonight's meeting, the Council will interview two applicants for the pending Library vacancy, and one for the Planning Commission vacancy. No other applications have been received by the Town. RECOMMENDATION Staff recommends that the Town Council: 1. Consider making appointments to fill the vacancies on the Planning Commission and Library Board at its meeting tonight; or 2. Direct staff to continue advertising for the positions. Exhibits: Vacancy Notices Applications of Jeff Foran, Ali Kuhzarani, Lawrence Drew, and Richard Wodehouse Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON SPECIAL VACANCY NOTICE* On Town of Tiburon Boards, Commissions & Committees April 2013 PLANNING COMMISSION - (Statutory Authority: Section 3.04 of Tiburon Zoning Ordinance) Purpose: The Planning Commission reviews and acts on applications for Conditional Use Permits, Secondary Dwelling Unit Use Permits, Minor Subdivisions, Lot Line Adjustments and certain other required applications. The Planning Commission also makes recommendations to the Town Council regarding Zone Changes, Zoning Text Amendments, Precise Development Plans, Major Subdivisions, and amendments to Master Plans and the Tiburon General Plan. Decisions of the Commission are final, unless appealed to the Town Council. Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, dedication and time commitment to promote the general welfare of the community through proper interpretation and implementation of the Tiburon General Plan and Tiburon Zoning Ordinance. Term: 4 years. The vacancy on the Planning Commission has occurred as follows: Appointee Date Appointed Date Resiened Term Expires 1) John Kunzweiler February 2004 February 2013 February 2013 Deadline for Applications: May 10, 2013 (Position open until.filled.). Applications can be found on the Town's website, www.ci.tiburon.ca.us (link to "Useful Forms"). Submit your application and letter of interest to Town Clerk, 1505 Tiburon Boulevard, Tiburon, CA 94920. --Notice published in The Ark on May I and 8, 2013 --Posted at Tiburon Town Hall and Bel/Tib Librarv *First notice published on February 20 and 27, 2013; Second notice published May 1 and 8, 2013. TOWN OF TIBURON NOTICE OF PENDING VACANCY ON TOWN BOARD OR COMMISSION April 2013 BELVEDEREMBURON LIBRARY AGENCY - BOARD OF TRUSTEES (Statutory Authority: Govt. Code Section 6500 et seq. and Joint Powers Agreement for Belvedere/Tiburon Library Agency) Position: TRUSTEE - TOWN OF TIBURON Term: 3 Years - (beginning July 1) Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, dedication and time commitment to serve as a trustee on the Board, including attendance at regular monthly meetings and other activities. The pending vacancy on the Library Board will occur as follows: Appointee Date Appointed Resiznation Term Expires 1) Beverlee Johnson June 2007; 2010 Two-term limit June 30, 2013 Interested residents can contact Tiburon Town Clerk Diane Crane at 435-7377 for more information, or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Applications are also on-line at www.ci.tiburon.ca.us (click on "Useful Forms'). Deadline for Applications = April 22, 2013 (Position open until filled) Notice posted at Town Hall & Library Published in the Ark Courtesy Copy to Marin IJ Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P. 415.435.7373 E 415A35.2438 - www.ci.tiburon.ca.us Office of the Town Clerk / 415.435.7377 dcrane@ ci. tiburon. ca. us April 23, 2013 Mr. John F. (Jeff) Foran 52 Linda Vista Avenue Tiburon, CA 94920 SUBJECT: BELVEDERE-TIBURON LIBRARY AGENCY BOARD Dear Jeff, Thank you for your recent letter informing the Town Council of your continued interest in serving on the Belvedere-Tiburon Library Agency Board of Trustees. The Council directed me to ask if you would be willing to come in for a second interview. At this moment, we have a time slot available on Wednesday, May 15, at 7 p.m. Please let me know if this date and time will work for you. As you know, the interviews take place in the Conference Room at the rear of the Council Chambers at Town Hall. Once again, thank you for keeping in touch with the Town about your interest in this position. Very truly your, Diane Crane lacopl Town Clerk Emmett O'Donnell Mayor Alice' Fredericks Vice' Mayor Richard Collins Councilmember Frank Doyle Councilmember Jim Fraser Councilmember Margaret A. Curran Town Manager Cc: Town Manager Curran J. F. Foran 52 Linda Vista Avenue Tiburon, CA 94920 April 4, 2013 The Honorable Emmett O'Donnell Mayor - Tiburon, California Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Mayor O'Donnell, 1"ra~\ V TOWN CLERK "TOWN OF TIBURON Last November I met with the Town Council to consider my candidacy for a vacant board seat on the Belvedere-Tiburon Library Agency. While another candidate was selected at that time, my interest remains strong and I'd like to be considered for the forthcoming vacancy on the board. I find the Belvedere-Tiburon Library to be an essential asset in our community and I wish to bring my experience and skills to its board. I look forward to meeting with you again to explore my qualifications for this position. CC: Alice Fredericks - Vice-Mayor Richard Collins - Councilmember Frank Doyle - Councilmember Jim Fraser - Councilmember Diane Crane-Iacopi - Town Clerk May 9, 2012 Ms. Diane Crane Iacopi Town Clerk Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Dear Ms. Iacopi, H D E C k ~ V E SAY 1-Ir 2012 TOWN CLERK TOWN OF TIBURON Thank you for the invitation to meet with the Town Council regarding the Belvedere-Tiburon Library Agency Board of Directors. I am available to meet with the Town Council on Wednesday, June 61h at 7:15pm and look forward to this meeting. Do I need to prepare comments or bring any material for the meeting? I have a strong interest in this position and I appreciate your coordinating a meeting to discuss our mutual interest. Ver sincerely, f'F Ft L"~14bh (Jean RECEiv,izi) PLANNING DIVISION Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's' governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#I Being the Greatest Interest) # PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW # RECREATION # HERITAGE & ARTS # DISASTER PREPAREDNESS LIBRARY # MARIN COMMISSION ON AGING BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: MAILING ADDRESS. <Ent F11-1 e r&-,v tV RU-711 Xk r TELEPHONE: Home: T34 Y Work: - F Fax No. <V?r? Oo/ k7 PROPERTY OWNERS' ASSOC. (if applicable) <Enter Here> J / _7t-W TIBURON RESIDENT: (vears)0 /f e> DATE SUBMITTED:<Dat a REASONS FOR SELECTING YOUR AREAS OF INTEREST <Enter rierL>~/'~L'~~(E~t ,9N ~ e?~ v~ U~C~~ aCP 44 60(r h`r sw/.Vy t--~. mac' APPLICABLE QUALIFICATIONS AND EXPERIENCE Enter Here> xr /0 C.-Y r~X<<#VzX .4V ~~9si 1 fig? ~'c~/~ tc_~vc J754,E Fad i f /-'7'.ovFa,C e ~~d l~L~ Svc y' f ~ o,✓ &I 6V 1~'47~y 01,41A 0 edxa~r 1,.ev ----------------------------------------------Town Hall Use Date Application Received: L~Z' 1Z Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: (Date) Length of Term: 2 7 ' TOWN OF TIBURON L0 13 TOWN CLERK 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. S/ 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 -OTHER 1 r PE~tS`©NA 'A ..T µ , (PLEASEPI1vT OR TY'EA RESUME"I~lAwBETTACI3EDWELL) µ :a w NAME: Ali 1,_" 11. hz,,-i rnni MAILING ADDRESS: 4 J`t1"1d.l NVnv. 104 'fibill'on. C`A 94920 E-mail address (optional): _akuhzarani@gmail.com TELEPHONE: Home: (41-) 888-2277 Work: Fag No. PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) 3.5 DATE SUBMITTED: i4/_'013 . erIm, n } I choSe Planning and Design Re-, ieNld Coma-iiSSions because I cn" oy contributing to tll~ a.Sthet]cs of Tibui-on and believe ttiat my analytical and jDrc)grail matic computei' enIcyi tiering SI<_Ills v\7ill bi-ii.icy a diffei`ent IDers e tive to these Comm ttes and volunteei` my tii:nt to making the tovm 1 love and erjoy living 1?i an even rnonc lovable city. a p k3 p_Fk M n nY ..~A APP IAZQ~TA_ T1~01VS'' -7 T~ 1 V E 7 1 ~ T T z. E 1 n ) G C s r lv. 7 (-a y' C Q^ r.. t ` T r, - to t! + iJ 1` 33 1: ti G'~ 1 x _ , 1.) i t~ i rri a C C)nITaC1C;ii'. - Detail oi-iented ----------------------------------------------Town Hall Use -----------------------------------------------r - Date Application Received: Interview Date: ay Appointed to: (Date) Date Term Expires: Length of Term: 2 Town of Tiburon • 1505 Tiburon Boulevard • Tiburon, CA 94920 • P. 415.435.7373 E 415:435.2438 • www.ci.tiburon.ca.us Office of the Town Clerk f 415.435.7377 clct•ane@ci.iibilroiz.ca.irs April 17, 2013 Mr. Lawrence Drew 2345 Spanish Trail Tiburon, CA 94920 SUBJECT: APPLICATION FOR LIBRARY AGENCY BOARD Dear Mr. Drew, Emmett O'Donnell mayor Alice Fredericks Vice, Mayor Richard Collins CouncilFrtember Frank Doyle Councilmerriber Jim Fraser Councilmernber Thank you for your application to serve on the Belvedere-Tiburon Library Agency Board of Trustees. We would like to invite you to come for a brief, informal interview with the Town Council on Wednesday, May 15, at 7:15 p.m. Please let me know if this Margaret A. Curran date and time will work for you. The interview will take place in the Conference Room Town Manager at the rear of the Council Chambers at Town Hall. Once again, thank you for your interest in this position. Please call me if you have any questions. Very truly yours, Diane Cran lacopi Town Clerk Cc: Town Manager Curran IFNI" PERSONAL DATA Only computer-generated or typewritten copy will be accepted; . Attach separate pages, including resumes and cover letters, if necessary. NAME: W. Lawrence Drew lawrence.arewLducstmeactr.org MAILING ADDRESS: 2345 Spanish Trail TELEPHONE: Home: 4154.5 ~.iy /ti Work: 415 885 7315 Fax No4154353955 . PROPERTY OWNERS' ASSOC. (If applicable) <Enter Here> L c z;) 1-F4 0 TIBURON RESIDENT: (Years) 43 DATE SUBMITTED: 3 /12 / 2 013 REASONS FOR SELECTING YOUR AREAS OF INTEREST Please see attached. APPLICABLE QUALIFICATIONS AND EXPERIENCE Please see attached. ----------------------------------------------Town Hall Use .r , o 1J D6 Date Application Received: J, -~-/3 Interview Date: e 4_. Appointed to: (Commission, Board or Committee) Date Term Expires: (Date) Length of Term: 2 Reasons for Selecting My Areas of Interest I am a frequent user of the library and visit there one to two times per week. I have been a member of the library foundation for ten years and served as one of its vice presidents prior to its reorganization. I have been an active supporter of the library expansion and have served on various committees, including the Community Engagement Committee. While definitely a supporter of the expansion, I know most of the opponents and have been told that many of them respect me as a fair-minded individual who will attempt to see their viewpoints as the expansion occurs. Qualifications I have considerable experience with books, having authored or co-authored six textbooks and written chapters in 36 more. My research has required the use of many library functions, e.g. literature searches, checking references, etc. As cited above, my experience in the foundation has made me very aware of our library's needs as well as community concerns. Having lived in Tiburon for 43 years I am familiar with the entire history of the library, going back to when it was next to the post office. I believe I have the overall perspective to judiciously utilize the library's financial resources. My contacts over the many years should help substantially in fund raising. Finally, I am semi-retired so I have ample time to devote to this effort. I believe the library is perhaps the jewel of this community. As a constant user, I am extremely proud of what it is and committed to helping it improve even more. i6~4fw~ 6~)vAAAX-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 rewodehouse&Urnail.com D E C E V E April 10, 2013 Ai' 10 2;13 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 /C, c,q 4ra. wxwzu ~p Wry t L':r 1'1 t ~ 0 'O 13 TOWN CLERK TOWN OF TIBURON TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in 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. t~~ Diane Crane Iacopi Town Clerk AREAS OF INTEREST Indicate Your Area(s) of Interest in Numerical Order (#I 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 DATA (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: 1/29/13 REASONS FOR SELECT17VG YOUR AREAS OF INTEREST My experience and knowledge, dedication to making the built environment be as good as it can be. APPLICABLE 0 UALIFICA TIONS AND EXPERIENCE Served 2 years in a Design Review Board in Mountain Village Colorado. (Neighbor to Telluride Colorado while Peggy Curran was TM of Telluride) Served 3 years as Chair of DRB for Hillside Home Owner's Assoc. while acting as President of that board. (Also a neighbor to Telluride) 37 Years of experience and knowledge from building close to 100 fine residences and light commercial buildings. Almost all Architecturally significant designed by prominent architects. Green Builder; who has practiced environmentally sound building techniques since before anyone knew it as green building. Hold the following credentials: Certified Sustainable Building Advisor (SBA Program graduate) Certified Green Building Professional (Build It Green) LEED Associate 2