HomeMy WebLinkAboutTC Agd Pkt 2013-06-19TOWN OF TIBUR ON
Tiburon Town Fall
1.505 Tiburon. Boulevard
Tiburon, CA 94920
AGENDA
Tiburon Town Council
June 19, 2013
Regular Meeting - 7:30 p.m.
Closed Session - 6:45 p.m.
TIBURON TOWN COUNCIL
CLOSED SESSION - 6:45 p.m.
CONFERENCE WITH LEGAL COUNSEL - THREATENED LITIGATION
Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9:
1 potential case
CALL TO ORDER AND ROLL CALL - 7:30 p.m.
Councilmember Doyle, Councilmember Fraser, Vice Mayor Fredericks, Mayor O'Donnell
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action. on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
RECOGNITION OF TOWN COMMISSIONER
• John Kunzweiler
INTERVIEWS FOR TOWN COUNCIL VACANCY
• Alannah Kinser
• Miles Berger
• David Kulik
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 15, 2013 regular meeting (Town
Clerk Crane Iacopi)
2. 4 Southridge East - Adopt resolution denying an appeal by Rick and Lalita
Waterman of the Design Review Board's approval of a site plan and architectural
review to construct a new single - family dwelling with variances for reduced
front yard setback and excess lot coverage (Planning Manager Watrous)
3. Dog - Walking Policy - Adopt ordinance amending Chapter 20 of Town
Code (Director of Community Development Anderson)
4. FY 2013 -14 Municipal Budget - Adopt authorizing resolutions (Director of
Administrative Services Bigall)
5. Town Council Vacancy - Recommendation to waive second reading and adopt an
ordinance governing unscheduled Council vacancies (Town Attorney Danforth)
6. Town Council Election - Adopt resolutions a) calling an election on November 5,
2013; b) requesting consolidation of election services with the County of
Marin; and c) providing that the cost of printing the candidate's statement shall
be borne by the candidate (Town Clerk Crane Iacopi)
7. Street Naming Resolution - Adopt resolution renaming Palmer Avenue to Palmer
Court (Director of Community Development Anderson)
S. Downtown Restrooms - Adopt agreement with Steve Sears regarding
maintenance of downtown restrooms (Town Attorney Danforth and Town
Manager Curran)
9. Parking Enforcement on Private Property - Recommendation to authorize the
Tiburon Police Department to enforce parking restrictions on private
commercial property (Chief of Police Cronin)
10. John McKelvie Retirement - Adopt resolution commending John McKelvie for
39 years of cumulative service to the Town upon his retirement from the Tiburon
Public Works Department (Director of Public Works Nguyen)
11. Stormwater Discharge Phase II Permit Compliance - Recommendation by
Marin County Stormwater Pollution Prevention Program (MCSTOPPP) to
adopt resolution complying with the State of California's 2013 Phase Il Permit
program(Director of Public Works /Town Engineer)
12. Tiburon Tourism Business Improvement District ( TTBID) - Consider report
by Advisory Board; adopt Resolution of Intention and related actions to form
TTBID (Town Manager Curran)
ACTION ITEMS
1. Town Council Vacancy - Consider appointment to fill vacancy on Town Council
on an interim basis (Town Attorney Danforth/Town Clerk Crane Iacopi)
2. Permit Services Survey - Presentation and acceptance of report regarding Permit
Services Survey by Godbe Research (Town Manager Curran /Director of
Community Development Anderson)
OWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests June 7 & June 14, 2013
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 4S 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.
r
JOHN : Ji' U N P Y EILER
In Appreciation of Your Leadership
and Dedicated Service to the
'own of Tiburon
DESIGN REVIEW BOARD
2003-2004
PLANNING COMMISSION
2004-2013
Chairman
2005-2006 2009-2010
Page 1 of 1
Diane Crane lacopi
From:
Scott Anderson
Sent:
Monday, June 17, 2013 10:50 AM
To:
Diane Crane lacopi
Subject:
John Kunweiler items for the Mayor
Diane,
Below is a list of major or controversial items that John Kunzweiler worked on while on the Planning Commission
from 2004 -2013:
• Tiburon 2020 General Plan update
• Comprehensive Zoning Ordinance Update
• Tiburon Peninsula Club and Belvedere Tennis Club Expansion projects
• Kol Shofar Synagogue Expansion project
• Belvedere- Tiburon Public Library Expansion project
• CVS drug store project
• Alta Robles, Parente Vista, Tiburon Court, Ling, and Trestle Glen Circle planned developments
• Served as Town's Green Building Committee Representative
Please add to or forward as appropriate.
Scott
6/19/2013
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor O'Donnell called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, May 151 2013, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Doyle, Fraser, Fredericks, O'Donnell
PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Building
Official Lustenberger, Police Chief Cronin, Police
Captain Hutton, Town Clerk Crane lacopi
Prior to the regular meeting, the Council conducted interviews for vacancies on Town Boards and
Commissions:
INTERVIEWS
(Current and Pending Vacancies on Planning Commission and Library Agency Board)
7 p.m. — Jeff Foran
7:10 p.m. — Ali Kuhzarani
7:20 p.m. — Lawrence Drew
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor O'Donnell said there was no closed session.
ORAL COMMUNICATIONS
Mayor O'Donnell started the meeting with an acknowledgement of Councilmember Dick Collins'
recent passing. He gave the Council, staff and public an opportunity to say a few words about
Dick after a moment of silence in his honor.
Recommendation to Add Urgency Item to Council Agenda and Select a Process to Fill
Council Vacancy
After the Council and staff had mourned the loss of the beloved Councilmember in their remarks,
Mayor O'Donnell asked if the Council to consider placing an urgency item on the agenda
regarding the Council vacancy.
Town Council Minutes #xx -2013 May 15, 2013 Page I
b1tAFT
Town Attorney Danforth said that state law required action by the Council within 60 days of the
vacancy. She said the short timeframe, combined with the fact that the matter had come to staff's
attention after the publication of the agenda, were reasons for Council to consider adding the
matter as an urgency item to the agenda for discussion.
Vice Mayor Fredericks moved and Councilmember Fraser seconded the motion and it was
unanimously passed.
Mayor O'Donnell asked if there were any additional oral communications.
Christopher Wand, speaking on behalf of The Reedlands, asked the Council to "harmonize" the
Town's hours of construction with surrounding communities by placing the issue on a Council
agenda as soon as possible.
Bob Dougherty said that Councilmem ber Fraser and his group "got it right" with the name, Old
Rail Trail. He said there were in fact just 2,000 such designated trails in the U.S. that could claim
that provenance. He said the remarks by Vice Mayor Fredericks had inspired him to write a song
about it to the tune of "In the Pines" (performed by Bill Monroe and others) which he shared with
the group.
PRESENTATIONS
• Mayor's Commendation for MMWD Recognition of Pt. Tiburon Condominium
Association Landscape Project
Mayor O'Donnell read and presented the commendation to Pt. Tiburon Bayside Landscape
Committee members Pam Rice and Linda Robins [committee member Robert Liburdy was absent]
for their work on behalf of Condominium Association. He noted that the recognition by MMWD
was the first awarded to a residential complex in Marin for a drought tolerant and water efficient
landscaping plan. Ms. Rice thanked the Mayor on behalf of the committee. She said that Pt.
Tiburon Bayside was included in the MMWD garden tour scheduled for Saturday, May 18, 2013.
CONSENT CALENDAR
1. Town Council Minutes — Adopt minutes of May 1, 2013 meeting (Town
Clerk Crane Iacopi)
2. Town Investment Summary — Accept report for period ending April 2013
(Director of Administrative Services Bigall)
Town Council Minutes #xx -2013 May 15, 2013 Page 2
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)
MOTION: To adopt Consent Calendar Item Nos. 1 -3, as written.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
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)
Town Manager Curran described the proposal in her staff report which addressed the issues of
precedent, traffic, security and insurance. Curran said "Art by the Bay ", as it is being called, is a
10 -day temporary installation along the Old Rail Trail and Shoreline Park, coinciding and
culminating with the Tiburon Art Festival. She said it could bring significant positive attention to
the Tiburon Peninsula, help the Tiburon Art Festival achieve greater prominence and success, and
boost the appeal of a private fundraiser at the Drever residence, in the process. She said the
potential traffic impacts were difficult to assess and that Council might consider, if the event was
approved, adding a condition to the approval that would require publicity surrounding the event to
encourage people to walk and bike to the event, come to Town via the ferry, or to park at
Blackie's Pasture and walk or bike the rest of the way into downtown.
Curran said that there were no direct costs associated with the proposal, due to the generosity of
the Drever Foundation. However, she noted that there may be indirect expenses associated with
the possible need for public works or police time; also, that the Town would need to oversee the
installation to ensure the sites were suitable from a public safety and convenience standpoint.
The Town Manager said that while the Town had no recent experience with an event of this scale
and hence could not draw upon historic comparisons, its unique quality and apparent benefits
make it a prospect worth considering. She said the organizers had gone to great lengths to speak
with residents about the proposal (including Point Tiburon Bayside property owners) and appear
to have developed a significant amount of support for the concept. She noted that the Chamber of
Commerce had endorsed the concept, as well.
Isabelle Drever, representing the Drever Family Foundation, gave a slide show presentation of the
two international artists and their work. She said the foundation would underwrite all the costs
associated with the installation and public display, including security and insurance. Ms. Drever
described how the artists install their work and the care they take to ensure that it is safely and
securely done. She said they would work closely with Town staff on the placement and other
details.
Town Council Minutes #x -2013 May 15, 2013 Page 3
Ms. Drever noted that the Drever Family Foundation believed in supporting education and had
chosen the organization 10, 000 Degrees as the recipient of its fund- raising efforts for the event
that would take place at the Drever residence.
Patrick Sherwood, Marketing & Communications Task Force member, underscored the comments
made by the previous speakers. He said that Art by the Bay would broaden the appeal of the
Tiburon Art Festival and contribute to the revitalization of downtown Tiburon, all at no cost to the
Town, thanks to the Drever Family Foundation. Sherwood said the event would appeal to visitors
and residents alike; he said it would showcase Tiburon's natural beauty and build on the Town's
new positioning — Tiburon By the Bay. Near. Perfect.
The Council had some questions about the details of the project and installation of the artwork.
Vice Mayor Fredericks asked whether placement of the pieces at Blackie's could be done to
minimize view blockage for those people who wanted to simply walk and see the view along path.
Ms. Drever said that both artists had done numerous installations and that their clients were happy
with the results. She said they start with a thorough site survey and at the end of the installation,
they restore the landscape completely. She said that she was "on the same page" with the Vice
Mayor and her request.
Mayor O'Donnell opened the item to public comment.
Steve Sears spoke in favor of the installation. He said we should consider ourselves fortunate to
have something this big in our small town. He noted that the event was endorsed by the Chamber,
the Tiburon Peninsula Foundation, and other local groups. He thanked the Drever family for its
generosity.
Mayor O'Donnell closed the public comment period.
Councilmember Doyle said he loved the idea, which was fun and would draw people to town. He
agreed with a concept introduced by Patrick about showcasing the natural beauty of Tiburon with
an art installation along the shoreline. He also said it was a way to distinguish the Tiburon Art
Festival from other festivals in the county.
Vice Mayor Fredericks said it was a very exciting idea that linked the Town and the Art Festival
together in a new way. She expressed the Town's gratitude to the Drever Family Foundation for
its work on the proposal and its generosity in agreeing to underwrite the event. She said she would
support the proposal but recommended that Town staff be given the authority on behalf of the
Council to negotiate the site details and address any safety and security concerns.
Councilmember Fraser said it seemed like an idea whose time had come; that residents know how
special a place this is and it was an opportunity to showcase Tiburon in a broader way. He, too,
said that staff should have a back -up plan in place to address any potential impacts to traffic on
Tiburon Boulevard; perhaps to partner with a bike shop downtown to rent bikes for the event; and
to have a plan for any security and crowd control issues.
Town Council Minutes #xx -2013 May 15, 2013 Page 4
Mayor O'Donnell agreed that this would be a wonderful exhibition of artwork in a public space
and a fabulous opportunity for the Town to showcase itself. He said he supported the proposal
100 %.
MOTION: To approve the installation as presented, with oversight provided on behalf of the Town
by the Town Manager.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
2. America's Cup Youth Team Sponsorship — Consider contract for Town
sponsorship of the Youth Team USA45 (Town Manager Curran)
In her report, Curran said that the Marketing & Communications (M &C) Task Force and the
Town's Marketing Director had identified an opportunity for the Town to be involved with the
upcoming America's Cup races scheduled for San Francisco Bay this summer. She said the
Council was being asked to consider a Cooperation and Sponsorship Agreement whereby the
Town would sponsor a team in a newly created race designed for young sailors, the "Youth
America's Cup ". Under the proposal, Curran said that Tiburon would become the "Official Home
of Youth America's Cup TEAM USA45 ".
The Town Manager said the contract itself was a work in progress but the benefits to the Town
would be, among other things, regional, national and international press. As such, she said it was
a "long game ". She said the contract details still needed to be finalized but that it was a "best
efforts" contract with no penalty to the Town. Curran said the Town would be obligated to
organize a fundraiser on behalf of the team but noted that both yacht clubs had already indicated
their interest and support of the Town in this effort. She said the fundraiser would not be a Town
event. Vice Mayor wondered about the distinction if it was part of the Town's contract.
Town Manager Curran said that M &C Task Force member Janice Anderson Gram had been
working closely with the sponsors of the team and could provide more details about the contract
and its details.
Janice Anderson Gram said she had been assigned to the project and was working with the Town's
Marketing Director, Jill Rodby. She said this opportunity would offer a tangible way to leverage
awareness about the Town of Tiburon to the target market identified by the Task Force, that is,
visitors and residents of San Francisco, bicyclists, and corporate meeting planners.
Anderson Grain said that for the Town of Tiburon to become the "official home" of this team
would give the Town bragging rights forever more (not to mention the "cool" factor). She also
said that it was a unique and fun way for the community to come together around a unique event.
Town Council Minutes #xx -2013 May 15, 2013 Page 5
Anderson Gram also reported on the offers of support from both yacht clubs; she said that the
Commodore of the Corinthian Yacht Club had offered free usage of the ballroom for a fundraising
event, and the San Francisco Yacht Club had talked about ways their youth sailing program could
become involved in the process.
Mr. Tom Huston, representing AC45, also spoke briefly about the opportunities for the team and
the Town to work together.
Mayor O'Donnell opened the public hearing.
Steve Sears said that the downtown merchants had been contemplating how to connect with
opportunities surrounding the America's Cup, especially since the event itself would not be visible
from the Tiburon shoreline. He said this opportunity now seemed to simply "fall into our lap" and
should not be missed.
Mayor O'Donnell closed the public hearing.
Councihmember Fraser said he fully endorsed pursuing the opportunity and, in full disclosure, said
that he was the one who had been contacted by Mr. Huston initially and had invited him to speak
to the M &C Task Force.
Vice Mayor Fredericks said that she, too, supported the proposal. Councilmember Doyle
concurred.
Mayor O'Donnell asked staff to clarify whether there was a financial obligation to the Town.
Town Manager Curran said that there was no cost to the Town, per se, in the contract but that the
Town must still fulfill the contract terms. To this end, she said staff recommended Council
approve a $12,250 expenditure to cover the Marketing Director's additional time, and associated
costs such as creating banners and the like. She noted that the Town stood to gain from the
expenditure, as well.
Mayor O'Donnell agreed that it was a fantastic opportunity, that the youth race would be terrific,
and that it was consistent with the Town's history and orientation on San Francisco Bay.
MOTION: To approve the sponsorship and authorize the Town Manager to negotiate and execute
the contract on behalf of the Town.
Moved: Fraser, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
Town Council Minutes #xx -2013 May, 15, 2013 Page 6
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)
Town Manager Curran gave a short report stating that the item had been carried forward from a
previous meeting and was primarily ministerial. She said the newly- appointed Advisory Board
would return to the Council with a report and proposal for the use of BID funds at a future
meeting.
Mayor O'Donnell asked for public comment, if any. There was none.
MOTION: To approve the formation of a BID Advisory Board and to appoint Councilmember Fraser
and Town Manager Curran to the Advisory Board.
Moved: Doyle, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
4. Parking Bail Adjustments — Consider resolution modifying parking bail schedule
(Police Captain Dave Hutton)
Captain Hutton said that the Council had approved in increase in parking bail in September 2010,
the first increase in 19 years. At that meeting, Hutton said that staff was directed to review the
bail schedule on a more regular basis, and every three years was recommended.
Captain Hutton said that during its most recent review, staff discovered that the Town's parking
bail schedule for the Town's Code and the California Vehicle Code violations were (with one
exception) lower than other agencies in Marin. He said this discrepancy means that the Town is
out of compliance with the California Vehicle Code section which authorizes the Town to set bail
and penalties consistent with surrounding communities. He cited Section 40203.5 (a) which states
"...to the extent possible, issuing agencies within the same county shall standardize parking
penalties ".
Hutton said that another consideration for modifying the parking fines is the steady erosion of
revenue attributable to the state legislature and county increasing processing fees which now total
$12.50 per citation, in addition to the charges (currently $1.50 per citation) the Town pays to a
outside firm for processing its citations. The net result, according to the Police Captain, is that that
expense of the town's parking enforcement is being increasingly borne by the general population
rather than by violators.
Captain Hutton presented a comparative chart showing the fines charged by other Marin
jurisdictions, noting that most all of the similarly sized jurisdictions had recently updated their
schedules. He recommended that the Council consider updating the Town's bail schedule which
would yield an increase of $27,242 (for a total of $74,826) in parking fine revenue for the year.
Town Council Minutes #xx -2013 May 15, 2013 Page 7
Mayor O'Donnell opened the matter for Council discussion.
Councilmember Fraser said that he held an alternative view of the proposed parking fine increases
and asked that the matter be continued. Fraser said that he and Councilmember Collins had been
working on parking issues in the downtown area for some time (on the downtown task force). He
said they had heard a lot of complaints about the perceived lack of parking downtown and related
issues. He said the Town had hired a consulting fin-n, Nelson Nygaard, to study the problem. He
said the study had revealed that the available parking downtown was not being properly utilized,
and the consultants had therefore recommended that the town implement a parking management
plan. Fraser said that he would defer making any changes to the bail schedule until there was an
overall parking strategy.
Vice Mayor Fredericks said that the action Council would take tonight would address the
violations of parking laws rather than an overall parking strategy, saying they are separate issues.
She also said that the Town was being told it was out of compliance with the Vehicle Code and
should consider that issue.
Mayor O'Donnell concurred. He asked how far below the average Tiburon was in its parking
fines. Captain Hutton said the proposed new fine levels would put theTown $1 below the [Mann]
average.
Councilmember Doyle said that parking in the downtown area was confusing. He said that while
he agreed with the recommendation to bring the Town's fines into compliance, and raise revenues
in the process, he also thought the timing might be a bit off, in the sense that people were being
encouraged to come downtown but would face increased parking fines.
Councilmember Fraser added that there was a perception that the powers that be had not done
anything to change or improve the parking situation downtown, after several public meetings and
a consultant's report.
Mayor O'Donnell said that he could see both sides of the issues being raised. He asked the Town
Manager when a parking plan would come to Council for its consideration.
Town Manager Curran was that the core recommendation in the consultant's report for a parking
program was to install parking meters downtown; she noted that the Council had expressed mixed
opinions about this, which would make developing a plan a slow process.
Curran also noted that the parking fine issue was more ministerial in nature and agreed with the
Vice Mayor that it was independent of the parking plan issue. She also said that the fines were
aimed at parkers who violated the law and that the increase in the fines would help pay for the
parking program. Mayor O'Donnell concurred with this assessment and said he would support the
amending resolution.
Councilmember Doyle said he agreed that the Town should have a parking plan, one that might
include residents being issued parking passes or pen-nits. He also wondered whether the parking
Town Council Minutes #xx -2013 May 15, 2013 Page 9
enforcement program might be utilizing funds that Town did not have.
Chief of Police Cronin said that violators of the parking laws were the ones that paid for the
program, and that if fines did not keep up with enforcement costs then Town taxpayers would end
closing the gap. He also said that the vehicle code urged conformity in fines between
jurisdictions.
Cronin agreed that the fines should not be onerous and that on average, the Town's parking fines
were proposed to be $1 below the rest of the county. He said that two - thirds of the violations were
for overtime parking. He added that the Town was working on other approaches, such as adding
new parking spaces downtown.
Town Attorney Danforth said many fines target public safety violations. She also said that there
had to be disincentives for people to break the [parking] laws. She said that the Council could pick
and choose [to amend] certain line items in the bail schedule.
The Mayor noted that the issue was not about charging for parking downtown, but rather to fine
those parkers who violated the law. He pointed out that there was 2 -hour free parking in much of
the downtown area. Councilmember Fraser maintained that it simply was not a strategic move at
this time, in his opinion.
MOTION: To adopt the resolution, as written.
Moved: Fredericks, seconded by Doyle
Vote: AYES: Doyle, Fredericks, O'Donnell
NOES: Fraser
ABSENT: 1 Vacant Seat
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 Iacopi) '
Town Clerk Crane Iacopi noted that another candidate had applied for the Planning Commission
after publication of the agenda. She recommended that consideration of an appointment be
deferred to a subsequent meeting to allow the Council to interview the candidate, according to
Town policy.
Vice Mayor Fredericks said that while both candidates interviewed by the Council for the Library
vacancy were qualified, Mr. Foran had broad experience which could be a good fit for the Library
at this time.
Mayor O'Donnell said that Mr. Foran was previously interviewed by the Council for a vacancy
last year and was well received. Councilmember Doyle also noted that Foran was familiar with
and had stayed in touch with the Library's activities over the past several years.
Town Council Minutes #.xx -2013 May 15, 2013 Page 9
MOTION: To appoint Jeff Foran to the Library Board.
Moved: Doyle, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
PUBLIC HEARINGS
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
Council heard the report and appeal and decided to grant the waiver because of
miscommunication.
Building Official Lustenberger reviewed the material contained in the written staff report,
summarized below. He said the Town had required undergrounding of utility extensions from
newly constructed buildings for nearly 40 years. He said this requirement also applies to remodel
projects where the main electrical service is being replaced or relocated.
The Building Official noted that the current "hardship exception" process has been in place in
Tiburon since 1998. He said the process grants the Building Official the authority to grant
hardship exceptions for remodel projects when certain criteria are met, including high cost,
unusually lengthy trenching, or trenching across streets. Lustenberger said that the hardship
exception was never intended to apply to construction of a new building, where undergrounding
costs constitute only a fraction of the project cost.
Lustenberger said that last September when the Building Inspector went out for a framing a shear
wall inspection at 12 Apollo Road, he saw that a new service panel had been installed and asked
why the power was not being undergrounded. The inspector reported that the owner said that it
was because they had received a waiver from the Town, however, when he later reviewed the file,
there was only a blank application form in the file.
Lustenberger said he visited the site one to two weeks later and reiterated to the property owner
that a waiver had not been granted and that the appropriate paperwork would be needed. He said
he also informed the owner that the waiver does not apply to rebuilds [as opposed to remodels].
The Building Official noted in his report that a definition of a remodel project is not on the waiver
fonn but said that it clearly applies to smaller projects. He also noted that technology had
Town Council Minutes #xx -2013 May 15, 2013 Page 10
advanced such that it was much easier than before to trench across a street using horizontal boring
technology which would cut down on cost.
The Building Official then reviewed the grounds of the appeal, filed on April 25, 2013.
Ground No. 1 states that the DRB- approved building plans clearly showed the location of a new
electric meter and upgraded 200-amp service panel. However, Lustenberger said the plans also
contained a notation stating that the "contractor [had] to provide and submit load calculations for
sizing of electric panels along with size to Building Department prior to installation."
Lustenberger said had this been followed, any potential confusion regarding undergrounding
requirements would have been resolved earlier in the process. As it was, he said the way the
electrical panel was installed was inconsistent with the approved permit drawings and without
undergrounding efforts of any sort.
Ground No. 2 discussed the missing stamp stating that "relocation or replacement of the main
electrical services requires that the service lateral be placed underground ". Lustenberger
acknowledged that the "red stamp" normally placed on final plans was inadvertently left off the 12
Apollo plans, but he maintained that the same information had been communicated by staff to the
applicants.
Ground No. 3 theorized that other recent "new construction" projects in the Belveron East
neighborhood were not required to underground their utilities. The appellants listed 48 Mercury
Avenue, 34 Mercury Avenue, 20 Juno Road, and 31 Juno Road as examples. Lustenberger said
that three out of 4 of these examples were not "new" construction.
With regard to 48 Mercury Avenue, Lustenberger noted that in 2005, a waiver was approved by
the Building Official because it exceeded 10% of the stated valuation of the project; however,
Lustenberger said that this was a mistake, under the Town's policy, because it did not meet the
other Town criteria and definitions.
In conclusion, Lustenberger said that undergrounding is a community standard. But he also noted
that the Belveron neighborhood would continue to have overhead utilities for several decades due
to recent patterns of [remodel] construction.
Lustenberger said that the hardship waiver for 12 Apollo Road did not meet the criteria of the
Town's policy. He said that the cost to underground had been estimated by the owners to be under
10% of the project cost; he said that the trenching [across the street] was not more than 150 feet,
and that even if the project were a remodel project [versus new construction] it would not likely be
granted a waiver by the Building Official. In addition, Lustenberger said that no application for
hardship exception was received by the Town until after the electrical service panel had been
installed.
Town Council Minutes #xx -2013 May 15, 2013 Page 11
Lustenberger said that even at this juncture, the property owners could perform the
undergrounding quickly and be allowed to move into their home without delay.
Mayor O'Donnell asked about the Building Official about the cost of trenching. Lustenberger said
that he had spoken with several contractors who said it could be done for between $2,000 and
$4,000. The Mayor said he recalled that the cost of doing the lateral connections in the Del Mar
Undergrounding District ranged between $3,000 and $4,000, but also opined that they may have
been the beneficiaries of economies of scale due to the size of their project.
Mayor O'Donnell opened the hearing to the appellants.
Kristina Wollan, appellant, reviewed the grounds of the appeal in her report to the Council.
Ms. Wollan said they were unaware of the Town's undergrounding requirement until it was
brought to their attention by the Building Inspector and Building Official. She said that she was
never given a form, or stated or implied that they had submitted one. If she had, she said she
would have filed it immediately like they had done with every other document requested by the
Town.
Ms. Wollan said that she and her husband had not tried to game the system and that contrary to
staff's assertions, they had never truly received notice of the requirements until it was too late.
Nevertheless, she acknowledged that ignorance was not a valid excuse [for not complying with
regulations]. Once they were given the chance to file for a hardship waiver, she said it had been
denied by the Building Official [for the reasons he stated above].
Wollan said that undergrounding at this juncture in their project would truly constitute a hardship.
She had said she had received a letter from PG &E that said estimated the cost at $20,000.
Wollan said the Town's definitions of new construction seem to differ in different parts of the
Town Code and also with the State Building Code. She said that application of the Town's
underground policy for new construction in her neighborhood had also differed widely. She cited
the case of 48 Mercury which she said was essentially new construction but had received a waiver
of the Town's undergrounding requirements from a previous Building Official.
In Ground No. 2, Ms. Wollan said that all four Belveron homes listed in the appeal would have
had to underground their utilities pursuant to Town policy. But she said they had asked for
hardship waivers and had been granted them. Additionally, she said the 48 Mercury had originally
been approved by the Town as a new single - family dwelling; she said this fact led her to come to
Town Hall to inquire about undergrounding requirements (since 48 Mercury had not, in fact, been
undergrounded). She said that staff could not find the file for her review. She said that the Town's
form was intended to deal with remodels, and smaller projects, as noted by staff. She said that the
question of precedent had been established in that the previous Building Official had granted a
waiver to the owners of 48 Mercury. She said that she and her husband had always been sensitive
Town Council Minutes #xx -2013 May 15, 2013 Page 12
been sensitive to the neighborhood with regard to their projects and had designed it according to
the standards of the neighborhood and the Town. She said they embraced our communities'
standards and wanted nothing more than to move back into their home.
Vice Mayor Fredericks asked Ms. Wollan what percentage of the cost of new construction did the
undergrounding represent? Wollan said that the total cost (both their contractor and PG &E) to
underground at this juncture was estimated to be close to $32,000, representing 8.3% of the total
project cost.
Mayor O'Donnell opened the hearing for public comment.
Courtney Whittaker, realtor, spoke in support of the appellants. She said that they had spent
$800,000 for a dilapidated bungalow in Belveron which they were upgrading at additional cost,
and now, at the 11 ffi hour, were being asked to spend more.
Ms. Whittaker said that no one else in the neighborhood had been required to underground their
utilities and that $32,000 was a huge amount of money. She said that no one wanted to point
fingers, but that the owners of 48 Mercury had "gotten away" with calling their project a remodel
when in fact it was new construction. She challenged the Town's application of its definition of
remodel in this [48 Mercury] case. She said it was "unfair" and not right. She said that mistakes
had been made in this application as well, but suggested that everyone should admit culpability
and move on. She asked the Council to uphold the appeal.
Mayor O'Donnell closed the public hearing.
Vice Mayor Fredericks asked about the significance of the stated discrepancies between the Town
Code, Design Review, and State Building Code.
Town Attorney Danforth said that definitions varied from one chapter to another because they
served different purposes. She said that the Town's policy imposed higher requirements on new
construction because it was easier to underground when the foundation was replaced.
Bulding Official Lustenberger said that Ms. Wollan was correct in that the State Building Code
did not have a hard and fast definition of what constituted new construction. He said she was also
correct that the definition had been given leeway in order to grant a hardship waiver for 48
Mercury. He said that his reading was different, in that his view of what "new" is means that the
structure is torn down and part of it is not reused. He said that an advantage to homeowners of the
definition of "new" construction was that a property could be listed by realtors as "new" in date,
whereas remodels kept the date of the original home and the property values were established
accordingly.
Lustenberger also said that waivers were granted based on project valuation and that in the case of
48 Mercury, the hardship waiver was granted because the owner met the cost of hardship at 11-
12% of the project cost, in addition to other criteria.
Town Council Minutes #xx -2013 May 15, 2013 Page 13
Vice Mayor Fredericks also asked about the assertion that State law took precedent over local law.
Town Attorney Danforth said that yes, the State can preempt but in this case, preemption did not
apply because the source of the undergrounding requirement was the Town's Municipal Code, not
State law.
Danforth said that the Town Council could broaden or narrow or even get rid of its definition, if it
chose to do so; she said the Council had wide latitude in this case. Danforth suggested that the
Council might amend its policy in order to give more clear direction in implementation of the
policy if it chose to grant the waiver.
Councilmember Fraser asked staff if the Town's hardship policy required meeting just one or all
three hardship requirements. The Building Official said that only one was needed, if the pole was
on the other side of the street and trenching would be required.
Director Anderson agreed with the Town Attorney. He said there was a lot of mixing of
definitions going on. He said that Chapter 16 (Zoning) contained a specific definition of new
construction which was done for particular reasons unrelated to the undergrounding of utilities. He
said that the State Building Code was altogether different.
Vice Mayor Fredericks raised the question of how applicants for building permits received notice
of the Town's undergrounding requirements. She asked where they would go to receive this
notice.
Building Official Lustenberger said that there were several means: 1) during the plan check
process, he said plans were reviewed to see if there was is an overground panel, then it is flagged;
2) then a stamp in placed on the plans indicating the requirement for underground (which was
omitted in this case); and 3) when they obtain the permit, staff usually goes over specific items
with the applicants, various regulations, such as work rules and the like, and does so in person for
clarity. He said there are several levels of oversight during the process.
Lustenberger noted that this project was originally approved as a remodel /addition then later
changed to a complete new structure; he said he did not know exactly when during the process the
discussion about undergrounding would have taken place.
Vice Mayor Fredericks wondered if some sort of checklist might help, or if there was a better way
of record keeping. Lustenberger acknowledged that while there was always room for
improvement, his preference would be to not have a situation like this come up again. He said
there were a dozen new homes under construction right now in Tiburon and that it was well
known that undergrounding is just part of what takes place in new construction, pursuant to Town
policy.
Mayor O'Donnell said he was inclined to grant the applicant's appeal; he said that the trenching
would constitute a hardship pursuant to the estimates received and that there did seem to be some
Town Council Minutes #xx -2013 May 15, 2013 Page 14
inconsistency in applying the Town's undergrounding requirements. He said that in any event,
there appeared to be some sort of miscommunication along the way rather than deliberate or
outright action to avoid the requirement.
Mayor O'Donnell said he supported the idea of undergrounding and its benefits for the
neighborhood and for the Town as a whole. He said he would love to see Belveron achieve this
some day. He said that the property was being improved, however, and the tax base was increasing
which also was a benefit to the Town.
Vice Mayor Fredericks agreed that there was an interest in a community upgrading its housing
stock. She said that she was troubled, however, by the [definitions] for undergrounding
requirements for remodels; she said there was not a good record that these applicants had been put
on notice that their project was required to be undergrounded.
Fredericks said that she was inclined to grant the appeal without changing the Town's policy, but
to find a way to establish a record of notice to applicants in a timely manner. She said the
deficiency seemed to lie in the process rather than the policy itself.
Councilmember Doyle agreed with the above comments. He said he had driven around the
neighborhood and that there were lots of homes there with overhead utilities that had undergone
construction. He said there were also sharp practices by contractors who understood the
definitions, but he said the applicants should not be penalized for this, and that trenching across
the street constituted a hardship.
Councilmember Fraser said that he agreed with his colleagues. He said that there were
communication issues and errors that were made inadvertently, such as the omission of a stamp on
the plans. But he said that the cost to underground this project came with an enormous cost at this
juncture. He said that other hardship waivers in that neighborhood had already been granted,
creating a precedent to do so.
Town Attorney Danforth asked Council to clarify its direction as to whether it wanted to change
the waiver application to include new construction projects, or whether it wanted to grant the
appeal based on the unfortunate history and that fact that undergrounding does not seem imminent
in this neighborhood.
Mayor O'Donnell said that he agreed with the Vice Mayor's comments that the policy should not
be changed. He said that the applicant /appellant had demonstrated economic hardship; also, the
pole was on the other side of the street.
Vice Mayor Fredericks reiterated that the appeal should be granted because there was no record of
notice, as well as miscommunication. She said the Town's policy should not be changed.
Town Manager Curran said that while the Town could review its processes and seek
improvement, it would not be possible to communicate every single aspect of the Town Code
Town Council Minutes #xx -2013 May 15, 2013 Page 15
specifically to applicants and that the responsibility of meeting the code needed to remain with
them.
MOTION: To direct staff to return with a resolution granting the appeal.
Moved: Doyle, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
URGENCY ITEM
ISelect a Process to Fill Council Vacancy]
Town Attorney Danforth gave the report that outlined the steps the Council could take to fill the
vacancy created by the untimely demise of Councilmember Collins. She said that state law
provided for filling the vacancy (that is, the remainder of Collins' term) through outright
appointment or by calling a special election which could be consolidated with the November 2013
election. Danforth said the statute allowed a third option whereby the Council could snake an
interim appointment to fill the vacancy, as well as conduct a special election as outlined above.
Danforth said that, in any event, the Council had 60 days to make its decision, according to law.
Mayor O'Donnell said his preference was to allow the voters to choose the successor in
November. Councilmember Fraser noted that the appointment process had been utilized to fill
vacancies in the past had also worked well for the Council. Mayor O'Donnell asked the Town
Manager for her opinion on the process.
Town Manager Curran said that due to the lengthy nature of Councilmember Collins' illness, the
Council had been without a fifth member for some time. She said that if the Council chose to wait
until the November election to fill the vacancy, it would further delay filling the seat due to the
nature of the election process (it takes 30 days to certify the vote and a new councilmember would
not be sworn in until December 2013). Manager Curran said it was up to the Town Council to
detennine how to fill the position, but she urged that it not be left vacant until the election.
The Council thought it might be worth considering an interim appointment based on these facts.
Vice Mayor Fredericks commented that a previous councilmember might be willing to step in to
fill the vacancy on a short-term basis.
MOTION: To direct staff to come back with an ordinance calling a special election and allowing for
an interim appointment; and to immediately start advertising for the interim vacancy.
Moved: Doyle, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
Town Council Minutes #xx -2013 May 15, 2013 Page 16
TOWN COUNCIL REPORTS
Mayor O'Donnell volunteered to step in to fill Dick's position on the RBRA. Councilmember
Fraser said he would be happy to continue to serve as alternate. The Mayor asked that a formal
appointment to be agendized at a subsequent meeting.
Councilmember Fraser gave a brief report on the activities of the CART committee which was
convened in 2011 and recently concluded its meetings and issued a Summary Report, which was
in the Digest. Councilmember Fraser noted that one of the conclusions of the Report regarded the
importance of public transit on the peninsula. He thought the Town Manager might wish to
comment on this.
TOWN MANAGER'S REPORT
The Town Manager said that the Marin Transit District would consider approval of a new shuttle
bus service and route that would benefit the Tiburon Peninsula at its meeting next week. She said
that the proposed shuttle service was consistent with recommendations by the CART committee to
alleviate traffic on Tiburon Boulevard and was an important and essential service to downtown
Tiburon. However, she said the proposed route had very recently come under intense criticism by
a number of residents along Belvedere Drive in Strawberry. She referenced a draft letter from the
Mayor supporting the proposed service (which had been previously distributed) but suggested that
the Council as a whole consider endorsing the proposed shuttle service in a letter to strengthen the
endorsement. Vice Mayor Fredericks ... (she brought up adding an urgency item to the agenda I
think)
Ark Reporter McCrohan called the request for action into question as the item was not listed on
the agenda. Manager Curran agreed the item was not on the agenda, and explained that even
though the hearing date of May 20 had been known for some time the fact that the proposed transit
service appeared to be in jeopardy was information that had only become manifest in recent days
and since the publication of the agenda packet.
Town Attorney Danforth said that the matter might be added as an urgency item, if the Council
desired to do so, since the threat to the service had not come to staff's attention until after posting
of the agenda and the fact that the Marin Transit District meeting was scheduled to take place
before the next Council meeting.
MOTION: To add the item to the agenda on an urgency basis.
Moved: Doyle, seconded by Fredericks
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
MOTION: To approve an amended letter to Marin Transit, voicing support for the proposed transit
route and shuttle service to Tiburon, on behalf of the entire Council.
Moved: Doyle, seconded by Fredericks
Town Council Minutes #xx -2013 May 15, 2013
Page 17
Vote: AYES: Unanimous
ABSENT: 1 Vacant Seat
Addressing another issue, Town Manager Curran noted that June 2014 would be the 50th
Anniversary of the Town's incorporation. She recommended formation of a committee to start
planning a celebration. Mayor O'Donnell ( ?) and Vice Mayor Fredericks volunteered to serve on
the committee.
Finally, Town Manager Curran reported on the Annual Golf Tournament sponsored by the Jt.
Recreation Committee. She said this year's beneficiary would be the Belvedere - Tiburon
Landmarks Society. She said that, after consultation with the Mayor, the Town would sponsor a
foursome and also provide a $500 donation by the Town, noting that the City of Belvedere had
contributed the same amount.
WEEKLY DIGESTS
• Town Council Weekly Digest — May 3 & 10, 2013
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
O'Donnell adjourned the meeting at 11:30 p.m. in memory of Councilmember Richard Collins.
EMMETT O'DONNELL, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #xx -2013 May 15, 2013 Page 18
To:
From:
Subject:
Reviewed By:
BACKGROUND
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
June 19, 2013
Agenda Item:
CC&O
Z„
4 Southridge East: Adoption of Resolution Denying an Appeal of Site
Plan and Architectural Review Approval for the Construction of a New
Single- Family Dwelling, With Variances for Reduced Front Yard
Setback and Excess Lot Coverage; Maureen and George Sandison,
Owners; Rick and Lalita Waterman, Appellants; File #21307; Assessor's
Parcel No. 034 - 243 -03
At its meeting of June 5, 2013, the Town Council held a hearing on this item and directed Staff to
return with a resolution denying the appeal. The draft resolution is attached as Exhibit 1.
RECOMMENDATION
Staff recommends that the Town Council adopt the attached resolution denying the appeal.
EXHIBIT
1. Draft Resolution
Prepared By: Daniel M. Watrous, Planning Manager
S: IAdministration7oivn CouncibStaff Reports l2013 Vune 19 Draftsl4 Southridge East appeal report2doc
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION NO. (Draft) -2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DENYING AN APPEAL BY RICK AND LALITA WATERMAN
OF THE DESIGN REVIEW BOARD'S APPROVAL OF SITE PLAN AND
ARCHITECTURAL REVIEW APPROVAL FOR THE CONSTRUCTION
OF A NEW SINGLE - FAMILY DWELLING, WITH VARIANCES FOR
REDUCED FRONT YARD SETBACK AND EXCESS LOT COVERAGE,
ON PROPERTY LOCATED AT 4 SOUTHRIDGE EAST
(ASSESSOR PARCEL NO. 034-243-03)
WHEREAS, on April 18, 2013 the Design Review Board held a public hearing on
a Site Plan and Architectural Review application (File #21307) filed by Maureen and George
Sandison for the construction of a new single- family dwelling, with variances for reduced
front yard setback and excess lot coverage, on property at 4 Southridge East; and
WHEREAS, at that hearing, the property owners at 36 Southridge West, Rick and
Lalita Waterman ( "Appellants "), asked questions about the story poles for the project and
requested that the hours of construction for the project be limited to start no earlier than 9:00
a.m. The Design Review Board reviewed the proposed house design and determined that the
house fit into the scale of the property and the neighborhood and was consistent with the
principles of the Hillside Design Guidelines. The Board agreed that the findings for the
requested variances could be made as described in the staff report. Several Boardmembers
noted the distance between the subject property and the appellants' home (approximately 300
feet) and determined that the proposed house would not create any substantive view or
privacy impacts on homes in the vicinity; and
WHEREAS, the Design Review Board voted 4 -0 to conditionally approve the
project; and
WHEREAS, on April 29, 2013, the appellants filed a timely appeal of the Design
Review Board's decision, raising issues relating to the construction hours and the applicant's
other development activities; and
WHEREAS, on May 30, 2013, after the appeal deadline, the appellants submitted
a document entitled "Amended Appeal of Design Review Board Action & Items Not
Required as Part of a Design Review Application," which raised new issues that were not
mentioned in the April 29, 2013 appeal and which Town staff rejected as untimely; and
WHEREAS, the project application consists of File #21307, on file with the Town
of Tiburon Community Development Department. The official record for this project
application is hereby incorporated and made part of this resolution. The record includes,
without limitation, the Staff Report, minutes, application materials, and all comments and
materials received at the public hearing, and
Town Council Resolution No. (Draft) -2013 06/19/2013 Page 1 of 2
WHEREAS, on June 5, 2013, the Town Council held a duly- noticed public
hearing on the appeal, during which testimony was heard and considered regarding the
proposed project and the Design Review Board's review of the application; and
WHEREAS, the Town Council finds that the project is exempt from the
requirements of the California Environmental Quality Act per Section 15303 of the
CEQA Guidelines; and
WHEREAS, after hearing all testimony and receiving all documents in the
record, the Town Council agreed with the findings and conclusions of the Design Review
Board regarding this application. The Town Council determined that the Design Review
Board appropriately applied the guiding principles for Site Plan and Architectural
Review, the Hillside Design Guidelines, and other relevant provisions of the Zoning
Ordinance in its review of this project. The limitations on hours of construction and other
matters raised in the appeal are not within the purview of the Site Plan and Architectural
Review application process and do not constitute a basis for denying the application
before the Council; and
WHEREAS, the Town Council acknowledges that the applicant has
voluntarily agreed to limit construction activities for this project so that construction
workers cannot arrive at the work site before 7.30 a.m. and construction activities cannot
commence before 8.00 a.m., said provision to be applied at the building permit phase of
approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby denies the appeal of Rick and Lalita Waterman of the Design Review
Board's approval of the application (File #21307) for Site Plan and Architectural Review
approval for construction of a new single- family dwelling, with variances for reduced front
yard setback and excess lot coverage, on property located at 4 Southridge East.
PASSED AND ADOPTED at a regular meeting of the Town Council on June 19,
2013, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EMMETT O' DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No. (Draft) -2013 06/19/2013 Page 2 of 2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Community Development Department
Town Council Meeting
June 19, 2013
Agenda Item:
Subject: Adoption of Ordinance Amending Title VI, Chapter 20 (Animals) of
the Tiburon Municipal Code with Respect to Regulation of Dogs
Reviewed
BACKGROUND
The Town Council held first reading of this ordinance following a public hearing at its meeting
on June 5, 2013, and waived all further readings. The item now comes to the Town Council for
adoption.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance. Should any Councilmember choose to vote differently on this item than other items
on the consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be /properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council enact final adoption of Ordinance No. 544 N. S., a draft
of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 544 N. S.
Prepared by: Scott Anderson, Director of Community Development
S: Wministration l Town CouncibStaff Reports 12013Uune 19 DraftslAnimal Regulation Amendments related to dog walking2doc
ORDINANCE NO. 544 N.S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING PROVISIONS OF TITLE VI, CHAPTER
20 OF THE TIBURON MUNICIPAL CODE REGARDING
ANIMALS
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Purpose.
The purpose of this ordinance is to protect the public health, safety and welfare and to protect
the natural environment by regulating the number of dogs that may be walked by a person at any
one time in Public Places and by prescribing the location of dog walking within Town Open
Space areas.
Section 2. Findings.
A. The Town Council held a public hearing on June 5, 2013 and has heard and considered
any and all public testimony on this matter.
B. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
C. The Town Council finds that the amendments made by this Ordinance are necessary for
the protection of the public health, safety and welfare and for the protection of sensitive
plant species, including rare and endangered plant species, located within Town open
spaces.
D. The Town Council finds that the amendments made by this Ordinance are consistent
with the goals and policies of the Tiburon General Plan and other adopted ordinances
and regulations of the Town of Tiburon.
E. The Town Council finds that this project is categorically exempt from the requirements
of the California Environmental Quality Act pursuant to Sections 15305, 15307 and/or
15308 of the CEQA Guidelines.
Section 3. Adoption of Amendments.
A. Title VI, Chapter 20, Article I, Section 20 -2 of the Tiburon Municipal Code is amended to
add the following definitions:
Biologically Sensitive Area: An area where biologically sensitive flora or fauna are known or
believed to exist and which is identified by appropriate signage or other demarcation as an area
not to be entered.
Town of Tiburon Ordinance No. 544 N.S. (DRAFT) Effective - -/- -/2013 Page 1
T F7, -NT I�
Dog Running at Large: A dog that is not under the immediate control and direction of a
competent, responsible person who is capable of controlling the dog.
Dog Walker: A person who brings more than three (3) dogs into a Public Place at any one
time.
Dog Walking Permit: A permit issued by the Tiburon Public Works Department authorizing a
Dog Walker to walk a maximum of six (6) dogs at any one time on Town Open Space.
Permits will be valid for one year from the date of issuance.
Fire Road: A readily identifiable and generally twin -track or graded passage way in
Town Open Space capable of providing vehicular use, specifically for emergency and
maintenance vehicles. Fire roads are generally at least eight (8) feet wide.
Identification Vest: A numbered vest issued by the Tiburon Public Works Department to
Dog Walking Permit holders.
Town Open Space: Any Town -owned Public Place that is protected from development by
state or local law, easement, grant deed or other legally binding instrument. Town -owned
Public Places include land that the Town owns outright or in which the Town holds an
easement, leasehold or other real property interest. Town Open Space lands are generally
zoned "OS- -Open Space" on the Tiburon Zoning Map.
Trail: A readily - identifiable and often incised unpaved passage way in Town Open Space that is
generally single -track and generally allows users to walk not more than two abreast. Trails are not
permitted to have vehicles on them and are generally not more than two (2) to three (3) feet wide.
B. Title VI, Chapter 20, Article II, Sections 20 -2.160 through 20 -2.177 of the Tiburon
Municipal Code, are amended and/or added to read as follows:
20 -2.160 Dogs running at large in certain public places.
It is unlawful for the owner /guardian or person having control of any dog to permit the
dog to run at large in any public place, including without limitation, parks, school grounds,
commercial districts, wildlife preserves or game refuges, or in any public watershed areas;
except where the Town Council by ordinance or resolution has specifically permitted dogs to
run at large; and where signs acknowledging such permission have been erected by the Town.
Every dog found running at large in violation of the provisions of this section shall be
immediately seized and impounded. Any duly authorized peace officer or person exercising
peace officer powers shall be entitled to take such other action as may be reasonably necessary
for the protection of public health and safety.
Town of Tiburon Ordinance No. 544 N.S. (DRAFT) Effective 442013 Page 2
20 -2.165 Dogs - - -- Owner /guardian responsible for removing feces.
It is unlawful for the owner /guardian or person having custody or control of any dog to
allow such dog to defecate upon any public property or upon any private property not owned or
possessed by said person unless the person immediately removes and disposes of the feces in a
sanitary manner.
20 -2.170 Dogs running on certain private lands.
It is unlawful for the owner /guardian or person having control of any dog to suffer or
permit the same to run upon the lands of another whereon livestock or domestic fowl are kept,
without the consent of the owner /guardian or person entitled to the use or possession of such
lands.
20 -2.171 Walking of More than a Certain Number of Dogs Prohibited.
a) It is unlawful for any person to walk more than three (3) dogs at any one time in
any Public Place in the Town of Tiburon, except as allowed in section 20- 2.173.
b) Subsection (a) above shall not apply to any person on land owned by the Marin
County Open Space District ( "District "), provided that said person is in full
compliance with any applicable rules and regulations promulgated by the
District.
20 -2.172 Dogs Prohibited in Biologically Sensitive Areas.
It is unlawful for any person having control of any dog to allow said dog to enter a
Biologically Sensitive Area or any area identified by appropriate signage or other demarcation
as an area not to be entered.
20 -2.173
Dogs on Town Open Space.
a)
It is unlawful for any person to walk more than three (3) dogs at any one time in
any Public Place other than on a Fire Road in Town Open Space specifically
signed to allow Dog Walkers. In no instance shall a person walk more than six
(6) dogs at any one time, and in no instance shall a person walk more than three
(3) dogs on any Trail in any Town Open Space.
b)
Any person walking more than three (3) dogs at any one time on any Town Open
Space pursuant to subsection (a) above must be in possession of a Dog Walking
Permit issued by the Tiburon Public Works Department, and must be wearing a
numbered Identification Vest issued by the Tiburon Public Works Department.
C)
The Town Manager or designee shall establish the requirements and conditions
for the Dog Walking Permit program.
d)
Any Dog Walker failing to possess a Dog Walking Permit or failing to wear the
Town - issued Identification Vest shall be in violation of this section and shall be
Town of Tiburon
Ordinance No. 544 N.S. (DRAFT) Effective 442013 Page 3
punishable as set forth in section 20- 1.005.
e) Any Dog Walker failing to comply with any of the conditions of their Dog
Walking Permit shall be in violation of this section and shall be punishable as set
forth in section 20- 1.005.
f) Notwithstanding the foregoing, this section shall not apply to any person on land
owned by the Marin County Open Space District, provided that said person is in
full compliance with any applicable rules and regulations promulgated by the
Marin County Open Space District.
20 -2.175 Control of dogs - -Leash requirement in certain places.
It is unlawful for the owner /guardian or person having custody or control of any dog to
allow such dog in the places listed below unless such dog is restrained by a leash of sufficiently
short length to enable such person to maintain constant control over such dog:
a) The entire length of the Old Rail Trail, defined as the paved pathway
commencing on the west at Blackie's Pasture Road and terminating on the east at
the intersection of Cove Road and Tiburon Boulevard;
b) McKegney Green, defined as the large grassy field located in the Richardson Bay
Lineal Park across Tiburon Boulevard from Del Mar Middle School and
immediately northwest of the prominent knoll (South Knoll) located near the
public street known as Pine Terrace;
C) South Knoll Park and Playground, defined as that portion of Richardson Bay
Lineal Park bounded on the north by South Knoll, on the east by the Old Rail
Trail, and on the south and west by Richardson Bay, including the irrigated and
non - irrigated field areas and the playgrounds;
d) Zelinsky Park and Railroad Marsh, defined as those grassy park and freshwater
marsh and fringe areas located directly behind (north of) the Belvedere Public
Library and Tiburon Town Hall at 1501 -1505 Tiburon Boulevard, and bounded
on the west by Mar West Street, on the east by the Point Tiburon Marsh
residential condominiums, and on the north by the, Judge Field portion of the
Tiburon Peninsula Club property;
e) Shoreline Park, defined as the park located in the downtown area between
Paradise Drive on the north, San Francisco Bay on the south, Mar West Street on
the east, and the Main Street/Tiburon Boulevard intersection on the west;
f) Any street, sidewalk or parking lot in the downtown area, as that term is defined
in Section 20- 1.002;
g) Any commercial district, as that term is defined in Section 20- 1.002.
20 -2.177 Control of dogs by responsible person - - -- General
(a) Every owner /guardian or possessor of a dog shall at all times prevent such dog
from biting or physically harassing any person engaged in a lawful act and from interfering with
the lawful use of public or private property.
(b) Every owner /guardian or possessor of a dog shall at all times prevent such dog
from causing injury to another domestic animal that results in veterinarian treatment or death
Town of Tiburon Ordinance No. 544 N.S. (DRAFT) Effective 442013 Page 4
while such domestic animal is lawfully upon public or private property.
(c) Every owner /guardian or possessor of a dog shall desist from commanding or
provoking such dog to attack, sic or threaten a person when such person is peaceably and
lawfully upon public or private property.
Section 4. Severability.
If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
Section 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at least
once in a newspaper of general circulation published in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on June 5, 2013, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on June 19, 2013, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town of Tiburon Ordinance No. 544 N.S. (DRAFT) Effective - -/- -/2013 Page 5
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Department of Administrative Services
Town Council Meeting
June 19, 2013
Agenda Item:
•
Subject: Recommendation to Adopt Resolutions Establishing Municipal Budget Plan
and Establi ing an Appropriation Limit (Gann Limit) for FY 2013 -14
Reviewed By:
DISCUSSION
Municipal Budget
At their regular meeting of June 5, 2013, the Town Council received a presentation and held a
public hearing on the proposed Municipal Budget for FY 2013 -14. It is now appropriate that the
Town Council adopt the exhibit resolution approving a municipal budget plan for fiscal year
2013 -14.
Recapping the presentation at the June 5, 2013 meeting, the total Town budget appropriates
$12,696,279 in expenditures. The total budget includes $9,347,919 in operating expenditures,
$178,800 in capital equipment and IT outlay, $2,307,500 in capital improvements, and $862,061
in debt services. The operating budget is balanced and provides a $93,877 surplus. No revisions
have been made since the first presentation.
Appropriation Limits (Gann) FY 2013 -14
Proposition 4, approved by California voters in November 1979, established and defined annual
revenue appropriation limits on all government entities. Proposition 4 became effective in Fiscal
Year 1980 -81; however the calculations to determine the annual limit are carried from a Fiscal
Year 1978 -79 base. Proposition 4 was modified in 1990 with the passage of Proposition 111,
which slightly changes the annual adjustment factors, further identification of the types of
expenditures which are excluded from the limit, and provisions for the exclusion of emergency
expenditures from the limit. Implementation legislation provides that the Town Council shall, at
a regularly scheduled meeting, establish by resolution the amount of appropriation subject to
limitation. The State is to be provided with informational forms with the filing of the Annual
Statement of Financial Transactions no later than ninety days after the start of the fiscal year.
The appropriations limit is the calculated dollar amount which limits the Town's ability to receive
and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales
Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State
Motor Vehicle Fees, Off - Highway Taxes, certain rental income, other revenues and rebates, a
TOWN OF TIBURON PAGE 1 OF 3
share of Investment Earnings, and transfer of funds from other funds into reserves of the General
Fund.
The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the
State of California Per Capita Income Growth, and (2) the Town's Population Growth. Both
these figures are provided by the State Department of Finance. The limit is further adjusted if
cities bear the costs of legislated fees for the transfer of responsibility. The County, through SB
2335, established fees for the collection of property taxes and for booking prisoners.
The calculation for the Town of Tiburon's Appropriations Limitation for FY 2013 -14 is
illustrated below:
Gann Limit Calculation — FY 2013 -14
1. Previously established limit, July 1, 2012
2. Adjustment Factors
Per capital personal income
Population growth
3. Multiplier, for adjustment to limit
4. Annual Adjustment Amount
5. Add: legislated pass - through fees
County property tax collection
6. Revised limit, July 1, 2013
Amount
$7,463,102
5.12%
0.27%
(1.0512 x.1.0027) 1.0541
(1) x (3) $403,754
$35,000
$7,901,856
Once the Appropriations Limitation has been determined for the upcoming fiscal year, Staff must
then determine the amount of revenues that the Town expects to receive that are subject to the
limit. The table below illustrates revenues that are subject to the Gann Limit.
2013 -14 Appropriations Subject to Gann Limit
Amount
A. Proceeds of Taxes $ 5,8501176
B. Exclusions -0-
C. Appropriations subject to Limitation $5,850,176
D. Current Year Limit (from above) $7,901,395
E. Over (Under) Gann Limit ($2,051,219)
F. Percent Over (Under) Limit (35.06 %)
Any additional revenues received during FY 2013 -14 that are considered "proceeds of taxes" will
reduce the amount the Town is currently under the Gann Limit.
FINANCIAL IMPACT
By approving the Resolutions as presented, the Council is authorizing the level of expenses,
within funds, for the 2013 -2014 fiscal year, and establishes the Appropriations subject to
Limitation amount for FY 2013 -14.
RECOMMENDATION
Staff recommends that Council:
1. Approve the attached resolutions
a. Adopting the Municipal Budget Plan for FY 2013 -14
b. Establishing the Town's Appropriation Limit for FY 2013 -2014
Exhibits
1. Resolution Adopting the Municipal Budget Plan for FY 2013 -14
2. Resolution Establishing the Town's Appropriation Limit for FY 2013 -14
Prepared By: Heidi Bigall, Director of Administrative Services
RESOLUTION NO. -2013
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ADOPTING A MUNICIPAL
BUDGET PLAN FOR THE TOWN OF TIBURON FOR
THE FISCAL YEAR ENDING JUNE 30, 2014
WHEREAS, the Town Council conducted a Public Hearing concerning the
proposed Municipal Budget Plan for fiscal year 2014 at its regularly scheduled meeting
on Wednesday, June 5, 2013; and
WHEREAS, the Town Council now finds that the proposed Municipal Budget
Plan, as estimated, provides for all appropriate municipal purposes and services with
current fund(s) and resources and estimated revenues for fiscal year 2014; and
NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget
Plan appropriates revenues and other sources of funds for expenditures associated with
operations, capital outlays, capital improvements, and debt service, in the following
amounts:
Section 1. Operating Budget Program - The proposed Plan has sufficient
resources to finance the planned expenditures:
Revenues and Funding Sources
$9,441 ,795
Expenditures
9,347,919
Total Operating Net:
$ 93,877
Section 1 a. Operating Revenue Appropriation — Estimated Revenues and
Sources of Funds for fiscal year 2014
GENERAL FUND
Property Taxes
$ 4,289,150
Other Taxes
1118300
Franchise Fees
606,147
Fines & Forfeitures
2371469
Investment Earnings
31,300
Intergovernmental & Agency
79,400
Licenses & Permits
848,350
Charges for Services
324,800
Other Revenues
101,750
Subtotal General Fund Revenues
$ 7,701,366
OTHER FUNDING SOURCES
Low /Moderate Housing Fund
21,190
Town Owned Housing Fund
71,310
Page 1 of 5
Peninsula Library Agency
1,426,179
Police COPS /SLESF Fund
100,000
Cypress Hollow Fund
16,750
Long Range Planning Fund
105,000
Total Revenues & Sources
59,4419795
Legislative
61,500
Section 1 b. Operating Expenditures Appropriation — Planned Department
expenditures for fiscal year 2014:
Page 2 of 5
AMOUNT
ADMINISTRATION
Town Attorney
$ 265,439
Town Administration
1,037,193
Administration Building
224,300
Legislative
61,500
COMMUNITY DEVELOPMENT
Planning & Design Review
$ 488,950
Building Inspection
531,277
Advanced Planning
10500
POLICE
Police Department
$2,979,192
Police Building
64,300
PUBLIC WORKS
Administration
$ 343,987
Streets Maintenance
482,448
Parks Maintenance
410,955
Street & Signal Light Maintenance
40,100
Corporation Yard
81,300
Cypress Hollow
16,750
NON - DEPARTMENTAL
Insurances & JPAs
698,549
Low - Moderate Income Housing
21,190
Town Owned Housing
71,310
Belvedere /Tiburon Library Agency
1,426,179
Total Expenditures:
$9,3499919
Page 2 of 5
Section 2. Capital Improvement Program — Sources of Funding for Planned Streets,
Drainage and Community Development Improvements in fiscal year 2014:
Page 3 of 5
SOURCES
PROJECTS
General Fund
250,000
Infrastructure & Facility Fund
452,500
Gas Tax Fund
185,000
General Fund Streets & Drainage Reserve
597,000
Street Impact Fund
68300
Measure "A" Funds
9000
General Fund Park Development Fund
5000
STREETS
Resurfacing Engineering & Administration
$ 750,000
Paradise Drive Maintenance
165,000
Contingency Provision
15,000
Traffic Calming Improvements
20,000
Subtotal Streets Improvements
$ 950,000
DRAINAGE
Drainage Improvements
50000
Subtotal Drainage Improvements
$ 500,000
COMMUNITY IMPROVEMENTS
Median Improvements — Cecilia Way to Bay
Vista — Preliminary Engineering & Design
$ 65,000
Railroad Marsh — Preliminary Engineering for
Major Dredging in FY 2015
15,000
Undergrounding of Utility Lines — Lyford to San
Rafael Avenue — Preliminary Engineering
1500
Undergrounding of Utility Lines — Mar West to
Lyford — Construction
40000
Curb Ramps and Misc. Sidewalk Improvements
17,000
Town Hall Carpet Replacement — Upstairs
151000
Town Hall Clock Tower — Replace Clocks
7,500
Elephant Rock Pier — Scale and Repaint
10,000
Fountain Plaza Maintenance
15,000
Blackie's Pasture Parking Lot — Slurry Seal
800
Blackie's Pasture Frontage Improvements
40,000
Down Town Public Restrooms Renovation
150,000
Down Town Marketing Program
30,000
Down Town Signage, cross walk, sidewalk
7000
Page 3 of 5
Section 3. Debt Service Program — Planned Debt Service and related expenses for
special assessment, community facilities districts, and general obligation bond issues of
the Town are as previously planned:
BOND ISSUE
AMOUNT
Main Street Assessment District
39,926
Stewart Drive Assessment District
106,303
Subtotal Community Development Projects
373,311
$ 857 500
212,319
Del Mar 2010 Supplemental Assessment
130,203
Total Capital Improvements
$2,307,500
$293079500
Section 3. Debt Service Program — Planned Debt Service and related expenses for
special assessment, community facilities districts, and general obligation bond issues of
the Town are as previously planned:
BOND ISSUE
AMOUNT
Main Street Assessment District
39,926
Stewart Drive Assessment District
106,303
Lyford Cove Assessment District
373,311
Del Mar Valley Assessment District
212,319
Del Mar 2010 Supplemental Assessment
130,203
Total Debt Service
$ 8629061
IT IS FURTHER RESOLVED that the Town Manager may make adjustments
and activities within the budget provided that no increase or diminishment in salaries
result other than that provided by the Town's Personnel System and Master Salary
Program, or as authorized by the Town Council, and provided that no expenditure or
encumbrance contingent on contract agreement, or other engagement requiring approval
of the Town Council shall be made until such contract is first approved by the Town
Council.
Page 4 of 5
PASSED AND ADOPTED at a special meeting of the Town Council of the Town
of Tiburon on Tune , 2013, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
Page 5 of 5
RESOLUTION NO. -2013
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON ESTABLISHING
AN APPROPRIATION LIMIT FOR FISCAL YEAR 2013 -14
PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION
OF THE STATE OF CALIFORNIA
WHEREAS, Article XIII B. of the Constitution of the State of California provides
that total annual appropriations subject to exceed the appropriations limit of such entity
of government for the prior year adjusted for changes in the cost of living and population,
except as provides in Artic e XIII B; and
WHEREAS, pursuant to Article XIII B of the Constitution of the State of
California, the Town Council of the Town of Tiburon deems it to be in the best interest of
the Town of Tiburon to establish an appropriations limit for Fiscal Year 2013 -14; and
WHEREAS, the previously established limit for Fiscal Year 2012 -13 was
$7,463,102, and the State Department of Finance has determined that the 2013 -14 Per
Capita Personal Income Factor is 5.12 %, and the Population Change Factor is 0.27 %; the
Director of Administrative Services estimates that legislated pass - through fees of the
County will be $35,000; the Director of Administrative Services of the Town of Tiburon
has determined that the appropriations limit in the amount of $7,901,856 shall be
established for Fiscal Year 2013 -14.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon that an appropriations limit in the amount of $7,901,856 is established for Fiscal
Year 2013 -14 pursuant to Article XIII B of the Constitution of the State of California.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on Tune , 2013 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
EMMETT O'DONNELL, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
To:
From:
Subject:
Reviewed By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Town Attorney
Town Council Meeting
June 19, 2013
Agenda Item: 6few f,
Recommendation to Waive Second Reading and Adopt an Ordinance
Governing Unscheduled Council Vacancies
BACKGROUND AND ANALYSIS
On May 15, 2013 the Town Council decided to call a special election on November 5, 2013 to fill
the seat of the late Richard Collins and to solicit applications for candidates to serve until the
special election. On June 5, 2013, the Council introduced an ordinance to authorize an interim
appointment, as required by the California Government Code. The ordinance is before the
Council at the June 19th meeting for adoption.
PROCEDURE
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confine the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councihnember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance. Should any Councilmember choose to vote differently on this item than other items
on the consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve final adoption of Ordinance No. 545 N. S., a
draft of which is attached as an exhibit and which is part of the consent calendar.
Exhibits: Draft Ordinance
Prepared By: Ann R. Danforth, Town Attorney
ORDINANCE NO. 545 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING SECTION 2 -3.1
OF THE MUNICPAL CODE ( "REDEVELOPMENT
AGENCY") AND ADOPTING A NEW SECTION 2 -3.1
REGARDING INTERIM APPOINTMENTS FOR
COUNCIL VACANCIES
The Town Council of the Town of Tiburon does ordain as follows:
Section 1. Findings.
A. The Town of Tiburon Redevelopment Agency has been terminated by state law,
rendering the current Section 2 -3.1 of the Town of Tiburon Municipal Code
inoperative.
B. California Government Code section 36512 provides that, in the event of an
unscheduled vacancy on the Town Council, the council shall, within 60 days from
the commencement of the vacancy, either fill the vacancy by appointment or call
a special election to till the vacancy. The special election shall be held on the next
regularly established election date not less than 114 days from the call of the
special election. A person so appointed or elected to fill a vacancy holds office for
the unexpired term of the former incumbent.
C. California Government Code section 36512 authorizes the Town to adopt an
ordinance that authorizes the Council to appoint an interim Council member to fill
an unscheduled vacancy until the date of the special election.
D. Council member Richard Collins passed away on May 8, 2013, after many years
of service to the Town. The Town Council favors calling a special election to fill
the unexpected vacancy, which would be consolidated with the regular election on
November 5, 2013.
E. The Council wishes to have the option of appointing an interim member, because
the Council's current heavy workload requires a five- member Council for
satisfactory conduct of the Town's business and because maintaining a four -
member Council creates an unacceptable risk of tie votes.
F. As an ordinance relating to an election, Section 2 of this ordinance shall take
effect immediately upon adoption pursuant to Section 36937(a) of the California
Government Code.
Now, therefore, be it further ordained by the Council of the Town of Tiburon as
follows:
Section 2. Repeal of Existing Section 2 -3.1.
Section 2 -3.1, regarding the Town of Tiburon Redevelopment Agency, is hereby
repealed.
Section 3. Adoption of New Section 2 -3.1
Section 2 -3.1, is hereby added to the Town of Tiburon Municipal Code to read as
follows:
Section 2 -3.1 -- Appointment of Interim Council Members Pending Special
Elections.
(a) If any vacancy on the Town Council occurs other than by expiration of a term
and the Town Council calls a special election to fill said vacancy, the Town
Council may appoint any person, otherwise qualified, to fill said vacancy and
hold office only until the date of the special election.
(b) The special election shall be held on the next regularly established election
date not less than one hundred fourteen days from the call of the special
election.
(c). Notwithstanding any other provision of this section, an appointment shall not
be made to fill a vacancy on the City Council if the appointment would result
in a majority of the members serving on the Council having been appointed.
Section 4. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
Ordinance, or its application to any person or circumstance, is for any reason held to be
invalid or unenforceable, such invalidity or unenforceability shall not affect the validity
or enforceability of the remaining sections, subsections, subdivisions, paragraphs,
sentences, clauses or phrases of this Ordinance, or its application to any other person or
circumstance. The Town Council of the Town of Tiburon hereby declares that it would
have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase
hereof, irrespective of the fact that any one or more other sections, subsections,
subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or
unenforceable.
Section 4. Effective Date; Publication.
This Ordinance shall take effect and be in force upon passage, and before the
expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on June 5, 2013, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on June 19, 2013, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
June 19, 2013
Agenda Item:
Recommendation to Adopt Resolutions Pertaining to the
November 5, 2013 Municipal Election
(i Z
The Town Clerk must notify the Marin County Clerk and Registrar of Voters in the month of
June of the Town's intention to conduct a municipal election for the purpose of electing members
to the Town Council in November of odd - numbered years. In addition, the Town Council is
adopting an ordinance tonight which provides for a special election to be called immediately to
fill the Council vacancy created by the untimely demise of Councilmember Collins, and to fill
any future unscheduled vacancies on the Council.
Actions Required by Council.
The terms of three members of the Town Council - -Mayor O'Donnell, Vice Mayor Fredericks,
and Councilmember Fraser - -will expire in November of this year. The Council will be asked
tonight to adopt a resolution calling for a municipal election to be held on November 5, 2013 to
fill these three seats. The seats are for regular, four -year terms. The Council will also be asked to
call a special election to fill the remainder of Councilmember Collins' term which expires in
November of 2015. This special election can be consolidated with the regular election, as long as
it is 114 days or more after the date of the adoption of the resolution.
The Council will then be asked to adopt a resolution requesting that the Board of Supervisors
consolidate these two elections with any elections being conducted by the County of Marin
(which is the nonnal practice of all 11 cities in Marin). The cost of the special election will be
absorbed into the regular election costs which are estimated to run between $1.50 and $2.00 per
registered voter.
Finally, the Council will be asked to adopt a resolution tonight requiring that the cost of
Candidate's Statements in the upcoming election be borne by the candidates. This is and has
been the Town's practice in previous elections.
Election Calendar.
Important dates are contained in the attached timetable for municipal candidates, prepared by the
Marin County Elections Department. As the date of the election draws closer, the Town Clerk
will provide the candidates with the appropriate forms and other information.
RECOMMENDATION
Staff recommends that the Town Council adopt the following resolutions on Consent Calendar:
1. Calling a Municipal Election on November 5, 2013;
2. Requesting Consolidation of Election Services with the County of Marin;
3. Providing that the Cost of Printing of the Candidate's Statements shall be Borne by
the Candidates.
Exhibits: 1. Resolutions
2. Election Timetable
Prepared By: Diane Crane Iacopi, Town Clerk
RESOLUTION NO. XX -2013
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ORDERING AND CALLING A MUNICIPAL ELECTION
IN THE TOWN OF TIBURON
ON NOVEMBER 5, 2013 FOR THE PURPOSE OF
ELECTING FOUR COUNCILMEMBERS
BE IT RESOLVED by the Town Council of the Town of Tiburon, that it is
hereby ordered as follows:
Section 1. Date of Election - Offices to be Filled.
A general municipal election is hereby called and ordered to be held in the
Town of Tiburon, State of California, on Tuesday, November 5, 2013, for the
purpose of electing three Town Councilmembers, the terms of the incumbents of
which are about to expire; and
A special election is also called to fill a vacancy for the remainder of the
term of Town Councilmember Richard Collins;
Section 2. Registration to Close October 21, 2013.
Registration for said election shall close on October 21, 2013; no persons
registered after that date will be entitled to vote at said election.
Section 3. Procuring and Filing Nomination Papers.
Nomination papers may be procured from the Town Clerk and shall be filed
with the Town Clerk no later than 5:30 P.M. of the eighty- eighth day before the
election, or August 9, 2013, during regular business hours. Town Hall is nonnally
closed to the public on Fridays; however, staff works on alternate Fridays from
8:30 a.m. until 3:30 p.m., so nomination papers must be filed in the office of the
Town Clerk by 3:30 P.M. on August 9, 2013.
Nomination papers may not be circulated prior to July 15, 2013 and must be
filed no later than 3:30 P.M. on August 9, 2013. If any one of the incumbents does
not file for re- election to office by August 9, 2013 at 3:30 P.M., the filing period
for such office is extended until 5:30 P.M. on August 14, 2013, for non - incumbent
candidates only.
Resolution No xx -2013 - Calling November S, 2013 Election
Section 4. Time When Polls Are Kept Open.
The polls shall be opened at 7:00 A.M. of the day of said election, and shall
be kept open until 8:00 P.M. in the evening of the same day, when the polls shall
be closed, subject to the provisions of Section 10242 of the Elections Code.
Section 5. Certification of Vote by Council .
The Council shall meet at its usual meeting place on the first available date
following the canvass of the vote by the County Registrar of Voters to certify the
election and install the newly elected officers. The date of assuming office shall be
Wednesday, December 4, 2013.
Section 6. Publishing Notice of Election.
The Town Clerk shall cause to be published in a newspaper of general
circulation a Notice of Election which will include the date of election, hours the
polls open and close and the offices to be filled.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on June 19, 20131 by the following vote:
AYES:
COUNCILMEMBERS:
NAYES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
EMMETT O' DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Resolution No xx- 2013 - Calling November 5, 2013 Election 2
RESOLUTION NO. XX - 2013
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
PROPOSING THAT AN ELECTION BE HELD IN ITS JURISDICTION
AND
REQUESTING THE BOARD OF SUPERVISORS
TO CONSOLIDATE WITH ANY
OTHER ELECTION CONDUCTED ON SAID DATE,
AND
REQUESTING ELECTION SERVICES
BY THE MARIN COUNTY ELECTIONS DEPARTMENT
WHEREAS, it is the determination of the Town Council of the Town of Tiburon to call a
regular municipal election on November 5, 2013 at which election the issue to be presented to the
voters shall be:
To elect members to the Town Council
Number of Regular Term Positions (4 years) = 3
WHEREAS, it is the determination of the Town Council of the Town of Tiburon to call a
special election on November 5, 2013, to fill the remainder of the term of Councilmember Richard
Collins at which election the issue to be presented to the voters shall be:
To elect a member to the Town Council
Number of Short Term Positions (2 years) = 1
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of the County
of Marin is hereby requested to:
1) Consolidate said elections with any other applicable election conducted on the
same day;
2) Authorize and direct the Elections Department at District expense, to provide all
necessary election services and to canvass the results of said election.
Request Consolidation of November 5, 2013 Election and Services Page I of 2
BE IT FURTHER RESOLVED, that the Town Clerk is hereby ordered and directed to file a
copy of this resolution with the Board of Supervisors of the County of Marin.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on the 19th day of June, 2013, by the following vote:
AYES: COUNCILMEMBERS:
NAYES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
EMMMETT O'DONNELL, MAYOR
TOW OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Request Consolidation of November S, 2013 Election and Services Paoe 2 of 2
RESOLUTION NO. XX -2013
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
PROVIDING THAT THE COST OF PRINTING AND HANDLING
THE CANDIDATE'S STATEMENT
SHALL BE BORNE BY THE CANDIDATE
AND PAID FOR AT THE TIME NOMINATION PAPERS ARE FILED
WHEREAS, Section 13307 of the California Election Code provides that candidates for
nonpartisan elective office in any local agency, including any city, county, or district, may
prepare a candidate's statement of qualifications, which statement may include the name, age and
occupation of the candidate and a brief description of no more than 200 words of the candidate's
education and qualifications; and
WHEREAS, the amount for printing 200 words has been estimated by the County of
Marin to be $193.00 for each typed candidate's statement of qualifications in the November 5,
2013 municipal election; and $486.00 for the English and Spanish candidate's statement;
NOW, THEREFORE, BE IT RESOLVED, that in the event a candidate wishes to avail
himself/herself of the right to prepare a candidate's statement of qualifications, that the cost of
printing will be borne by the candidate and not by the Town of Tiburon;
BE IT FURTHER RESOLVED that the estimated cost of $193.00 (or $486.00) for
printing candidate's statements of qualifications shall be paid for in advance by the candidate at
the time Nomination Papers are filed with the Town Clerk.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on June 19, 2013, by the following vote:
AYES:
COUNCILMEMBERS:
NAPES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
47
L
0
,O
V
m
V
V
/P! O
� N
LA
L.
4=
O
U_
C
c
O
N
N
E
C
U
c
d
C
O
O
Q
i
.0
.Q
CL
W9
F•
t—•
W
O
N
W
LO
r
L
.0
r
75
O
c
ch
L
C
Q
U
O
U)
s
'O
(0
O
N
c
O
C
U
C
O
^O`
L
c
ch
N
E
O
U
O
II
CV
O
F
N
F
U
W
O
F
N
F
W
C
O
w
U
N
N
a
0
U
L
O
C
O
C6
N
m
-F
N
U
O
s
A
U
C
U
N>
tCi
O
C
O
U
N
U
in
m
cn
4-
N
U
C)
F
O
0
to
F
F
N
F
W
O
C
CB
to
L
Q.
C
E
O
i?
(I5
U
O
'O
O
U
N
c
0
a)
c
O
nC,,
c�
N
C
cn
L
L
C6
N
O
U
Cn
w
v�
C
E
a)
c�
in
a)
C
(tS
A
u
O
O_
cn
a)
C-
CU
C
a�
O
N
L
CL
O
cc
.E
Z
co
W
O
cn
F
F
W
CD
LO
Q
L
L
t
C
m
O
L
C
E
C
cn
L
Q.
Q.
O
C
O
C
cn
tU
E
E
En
C-
cn
C
E
O
0-
N
L
s
U
L
O
cn
F
U
W
0
N
N
LU
O
F
U
v�
C
O
U
CU
CU
a
0
U
t6
N
4=
cn
C
E
cn
cn
N
a)
C
U
E
O
O
U
ui
4--
N
L
C
U)
O
cn
O
a)
cm
C
0
c
O
c6
^X'
W
C
C
t6
C
4-
C
O
a
cz
a�
tb
F
O
N
0o
e=
ti
cn
cn
F
O
to
4-
C
E
E
O
U)
N
U
U
m
a_
Q
C6
U
0
O
u
L
iZ
O
C
O
C
U)
O
E
O
E
cn
r--+
O
It-
O
N
W
C
O
c6
C
U
(6
tU
C
O
U
O`
W
ca
C
U
^U`
W
O
_
C
O
^
L
O
C
O
N
-C
C
O
cn
O
O
a)
u:)
c)
N
O
C
N_
E
c
C
N
v
O
-0
o
O
c�
cn
�
O
-i-D
p
O
O
4-1
�
O
L
O
O
O
U
Q
O
►+-
V
O
j
s
C
O-
O
U
to
L
C
O
O
.n
N
to
E
o
Q
O
ca
N
U
O
cn
U
E
L
O
U
p
O
II.
Q.
C
O
C
—
con
N
�.
(n
O
m
o
cn
.>1
O
J
c6
Q
U
�
O
O
-f
ca
O
c
O�
U
E
O
4-
N
N
C
O
C
O
a-=•
:
N
cn
o
CU
O
O
C
O
N
�
cn
=
U
O
=
cn
'�'
U
O
o-
Q
O
c6
C
E
—
°-
U
0
O
E
L
O
U
N
N
O
to
O
C
L
O
C
p
C6
o
N
O
�
to
_�.!
L
C
°
O
�
W
E
ccn
cu
Q
`
N
L
O
C
o
N
N
0-
C
E
N
Q
chi
U
O
N
N
O
O
O F
F LO
W C)
W
F
o U
o W
O
L
_ F p
CO Uj O CN
� � W
to U O
co
O
C) U
Q U W
Cb
a)
rte;,
L
U �
E
W E--
V W
L �
� O
� N
Ln
L
E
0)
N
bD
C1,
(-
II
II
II
L
C
II
II
O
II
p
II
11
II
0
II
II
+,
•�
Q
II
II
II
�
II �
�-
C
O
II
II
II
II
C
Z
N
O
s✓
Co
O
II O
,.
It _r_
a)
II U
E
O
-0
I I
II C
11 :t-_
II
I I
II
`-
`�
�
ii cn
ii r
.f
11 U
a
O
- LE
a)
c
c
ii o
�
�
m
U
C
=
O
O
O
II
II �
C113
O
II _C
c-
c>3
��
o
vi
i i —
11
o
4-
O
I I
I t t�
O
I I
O
+-
O
L
a)
ct3
-0
C
R7
O
O
I I
11 U)
-0
11 O
U
IIII I
m
-I r
L
-O
(D
�,
-D
�+_
�
p
11
C
O
O
U
(n
II
I O
Q
-
O
II O
I
j,
O
N
O
C
`+-
O
4•
Q
C_
U
Q
I I
II
U
I I O
II
N
I I L
II �'
O
p
11
II
II
E
a)
m
N
II
(�
II
11 to
OC
U
4=
C
p
-n
N
v OQ)
I I U
N
L;-,
O
p
4-1
w
O
0)
1
p
11
CL
II N
+'
o0
�
a)
>'
Z
I I -0
=3
O
11 Q
N
O
co
a)
-0
a)
II
O
11 C
II
11 C
11 0
�
1.
O
II
s
c
)
j
m
11 N
cn
`_'
11
C
c
a�
�.
c
�
E
C
ii c
-
a)
o
:
cb
0-
i t
a)
11 c
11
Q
O
_
+'
co
CO
a)
C
Q-
U
11 o
�
I !
N
o
11
E
c
>
W
—
II �.
_
II cn
4-
C
II
L
L-
N
W
i
p
�
O
p
'-'
11
11 C
11 a)
11 —
M
�
II N
II
U
0
4-
-
O
N
m
W
II `-
,+ .
O
a
E
a
00
00
N
+-J
w
I I U
II N
L-
I I �
II C
w
11 c
II m
p
W
t�
_0
M
C
�
II Cn
11
cn
II m
II U
to
.D
II
11 C
O_
N
c
�,
C
O
11 �
I I
a)
II
1 I a)
II N
C
U
O
C(i
O
U
0
U
C
a)
C
II
.�
�
II O
C.)
-0
II >.
C
N
N
N
N
O
I I
"O
C
I I n
Q3
cn
O
EL
L-
N
CO
'~'
-C
''J
II L
II L
~
.c
4-j
II
�O
cn
L
:
cn
11 �
If
C
If
C
N
N
L
—
C
s
O
11 m
II
a)
II ),
II
a)
+-'
II Ri
II Z7
O
V
L
O
�,
C
cc
C
-
O
II
-+-
O
II
-4-
O
0
p
' N
.c
v
L
S
I I -_
>
11 U
�
N
I I C
N
C
a:
�
C
N
II
11 Ri
"�
°
II O
�+-
4--
°
II Cli
L)
p"
cn
K
c
N
a)
�
a
�
V
a)
'-'
�
N
,,
1t E
I I
11
II
11
O
c
II
II =
O
O
M
U
C
O
`
L-
O
(�
C
II O
j
11 a
N
L
II
E
V
cn
a
U
N
�
�
E
II C
t�
II N
:�
�
II L
i—
:3
Q
N
—
c�
p
II ca
II
II
II
II
Q)
cl�
11
II
II
11
II
O
p
II
II
II
II
II
=3
II
II
II
Il
II
II
II
II
II �
II
II
II �
II
II
II W
II
II
II O
II
II
II
II
II
it
II
II Lo
W
II
II
II
11
II N
II
N
II
CO
II
�
I1 C)
O
W
w
co
ti
ii
ii
U
�t
11
Lc)
I
f CD
it
W
.�.+
LO
II
f,,
N_ 11
,�.,
cr)
II
O
U)
CN
II
r' II
N
d'
II
O
_
II
it
C) II
O
it CL
co
C',
�
U
d
U
a
w
it
a
w it
a
w
11 Cl)
w
N
bD
C1,
11.
Lm
m
L
O 0
i�
.E
W j-
_ ,O
U
O O
V W
�= M
L �
c!a O
G N
0
U)
-1--j
a
Q
m
n
0
E
L
O
4-
C
a)
cn
m
E
En
L
`O
4-
O
cn
CD
a)
R—,
L
El-
4-
N
w
O
O
LL1
LO
r
O
L
N
,w
a
O?
N
a)
N
0)
a)
cn
O
CIO
O
Co
CIO
ti
JA J._
C
C
C
U
N
O
o U)
}' U
O
O Q.
M "D
� C
_ m
M -o
O
0)
m
cn
cn .
cn
C N
O
U
O >
> o
O O
L
fn O
cn 4-4
N m
Q
o Q
m
.Cc
E o ca
-0
M C cn
ol O
O
� Q O
rn
N
LLB
ti
L
v
O 11J
C
O
U
N
(D
C
O
O
L
U)
N
O
U)
Q1
C
O
N
�41�
r
N
L
.a O
�+ N
V
O L11
C
U
C
U
4-
N
U
O
C
s
D
CL
O
L
4-
0
L
O
to
C
0
U
d
m
O
7
LW
CO
N
O
O N
V 'T-
o W
-a
Q
O
cn
�
0
o
L
L-
O
m
u_
cn
s
U
N
�
U
L
O
cn
a)
U
o
4--
O
Ca
cn
.�
r
O
C
E
O
Z
>
+.
Q
co
N
N
O
N
U
O
N
Q
O
°-
U
L-
C
O
a.
CD
U
O
T3
C
O
v
0-
Z
m
M
C6
N
O
>
4-'
0
a)
cm
4-
0
(n
L
-0
E
E
Q
—
•
�
O
L-
Lm
cm
a)
O
0
CL
a.
�.
O
O
U
'++
O
Z
L
a)
ca.
0-
in
a)
E
O
a)
O
c
0
c6
U
.n
CL
-
-0
-
CL
-0
m
cn
W
(6
a.
Q
C/)
—
�
j
O
Q
-n
W
C
o
m
a)
O
C
0
O
U
N
a)
�
a)
O
>
m
>,
cl-
0
�--
O
m
O
0
Q.
o
U
L
-0
4cn
m
_
=
w-.
O
O
'}+
O
Z
o
a)
a)
++
U) cn
W
o
s
4-
N
m
c
o
E
-a-�
C
O
N
c
E
0
C
N
m
m
bb
::4
O
O
O
U
U
CD
—.
O
W
N
CD
Q
N
W
L
L
O
o
O
N
O
N
�—
CYI)
�-
V
O
W
W
W
E
-a-�
C
O
N
c
E
0
C
N
m
m
bb
::4
E
i
m
.0
V
■NUNN
�U
L
WI i=
c .o
� V
0
U W
�= M
L �
to
El 0
N
ol
LA
0
Z
O
>
O)
cn
O
p-
�
0)
0
►I
f f
II
tl
C
O
• —
M
C
a
O
tLi
o
i
j
cn
0
L..
O
C
O
L
a
C1
>+
C
O
+
U
N
O
C
O
O
n.
O
CL
o
C
U
Q
O
_U
cn
L
w
p)
.a
C
• O
U
O
O
C
O
0
CL
O
`+--
O
ii
►1
II
II
II
II
II
II
If
if
11
II
II
_
U
m
SZ
N
0-
_
m
>
a
t?
CY)
o
0
O
C
_0
N
o
Q
D
CL
L
M
U
0)
N
C 1
U I
•U I
I
1
1
N
0 1
C I
O I
I
W I
V
Rf
�
a
C
0
>
�
.O
ce
4-6
Ol >�
0
O
+•
N
E
M
U)
o
(0
E
>+
O
..0
2t
U)
+•
m
-
N
o
>
CD
�
�,
m
O
�'
0
s
C
M
+�
L
N
O
C
°'
'-'
+-.
Q)
cn
Q
N
0
O
s
m
OD
N
C
Q)
0_
o
—
d-
}"
a
O
V
W
w
II
11
I I
II
11
fl
ff
II •-
11 O
11
II
If U
11 W
f f
�� N
-
II 0
11 m
If N
II >
II c
II V
II
►f
�C�
I I
II O
u
II
II
n
O
Q
E
0
U
O
0
>
4-
�.
�
�
=
al
o
>,
()
0
�
"0
m
(CS
cn
�
a)
�.
Q
O7
C
C
L
N
>
O
�
cn
�
U
'i
f�
V
v
C
N
'_'
C
m
�'
�-
0
O
C
cn
-f-a
O
.�
�
V
v
—
(D
0_
M
i
O
-
U)
cn
a�
�-
cn
cn
m
M
;�
00
O
0
vn
U
0
_0
O
''-a
U
CD
O
�'
C
N
C
+ �
cn
-
tt3
:t-
0
in
°'
vi
C
E
—
U
C
0
C
cn
N
L
O
i
C1
V
U
O I
) I
� 1
U
I
if 1
O I
1
U I
I
I
> I
I
1
C
� I
cn 1
I
Q III
� I'
Q II
II
C1 II
V I I
I I
V ii
II
II
11
ff
II
n
if
�
II
II
I I
I I
II N
I I
W
II
II
If O
I(
to
LO
U
Lli
M
II +
f f
�
Q)
I I
II
I I
0
Z
i
c
M
O
O
cr)
U
W
O
II
04
L
G1
N
d
u J
V
If (D
I I Q
I I
L
MO
LO
W
D
O
-O
cn
O
�
O
II
II
I I
LO
O II
0
W
Z
W
If Z
LU
fl►
f-u
W
uj 11
Q.
O
w
N
m
c
t�
V
O
cc
cc
.0
LO
C
O
U
N
L
0
cn
aT
0
cn
0
0
111
MENEM
w
w
O
N
c�
W
co
N
O
LU
A
!C
Y
m
Qyi
i
x
a�
c
m
0
C
a�
x
.y
c
co
d
a�
r
c�
0
s
L
O
C
d
CD
C
O
N
m
a�
C
d
L
cw
;s.
To:
From:
Subject:
Reviewed By:
SUMMARY
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
June 19, 2013
Agenda Item: Ccal-
Recommendation to Adopt a Resolution Renaming Palmer Avenue
as Palmer Court
Town staff recently received a letter petition signed by all owners of property having Palmer
Avenue addresses requesting that the Town officially rename the street "Palmer Court".
Pursuant to Town procedures, the lead representative for the name change has submitted a formal
application to change the street name. Street name changes must be approved by Resolution of
the Town Council.
BACKGROUND
In 1948, Fred Palmer subdivided his property located between the state highway and the
Northwestern Pacific Railroad tracks into eight lots, known as the Little Reed Park Subdivision.
The primary street that would serve the subdivision was (not surprisingly) named "Palmer
Avenue" and was offered for dedication to the County of Marin. The, County of Marin accepted
Palmer Avenue at some point in time as a public street, and it has been publicly maintained ever
since.
At some point in time, probably at least as long ago as the 1980's, the Town apparently replaced
the street sign for Palmer Avenue with one that read "Palmer Court". The Town's files currently
represent a blend of the two suffixes, with older files generally carrying the Palmer Avenue
designation and newer files being labeled Palmer Court. Officially, the street name has never
been changed and continues to show as Palmer Avenue on the County Assessor maps and with
the U.S. Post Office for mail delivery purposes.
ANALYSIS
Town staff has no objection to the request, as the "Avenue" suffix appears to have stopped being
the more commonly used of the two some years ago, both by its residents and by the Town.
Due to the history and circumstances surrounding the name change, the applicants have requested
that the $750 filing fee for street name change be waived. Staff has no objection to the request, as
t"o€inc.:il Mc cU1110
(t €I?t' .�.L .. 2'l!.H
it appears the Town shares responsibility for the name confusion based on the mislabeled street
sign installation which occurred many years ago.
It is fortunate that there are no similarly -named streets in the Southern Marin area, and it appears
that the two suffixes have been used interchangeability without substantive problems over the
years. Staff is hopeful that the street name change will not result in any future problems for the
street's homeowners. However, the ever - increasing role of computers, technology, globally -
oriented data bases, and other complex systems can sometimes result in unanticipated problems,
even when associated with something as seemingly innocuous as this request. Staff makes this
point only as a caution to the requesting homeowners to be alert for unforeseen consequences of
the street name suffix change.
FINANCIAL IMPACTS
There is no direct financial impact associated with this action. However, it is anticipated that a
few hours of staff time will be required to complete the process of official notification of agencies
and utilities, and the re- labeling of files and records regarding Palmer Avenue. Mapping
companies will also be notified of the change. No street sign change is necessary.
RECOMMENDATION
Staff recommends that the Town Council:
1. Adopt the resolution renaming Palmer Avenue to Palmer Court.
2. Authorize a 100% fee waiver for the cost of the permit application.
Exhibits: 1. Letter petition and application
2. Assessor's map page for Palmer Avenue area
3. Draft Resolution
Prepared By: Scott Anderson, Director of Community Development
LPLANNINIG To: Scott Anderson 8 2013
Director of Community Development DIVISION
Town of Tiburon
505 Tiburon Blvd
Tiburon, CA 94920
From: Residents of Palmer Ave /Ct
Tiburon, CA 94920
Date: May 24, 2013
Re: Palmer street name
Dear Scott:
We write today regarding the Palmer street name. For many years, predating most
of us who live here, the road sign of our street says Palmer Ct but legal documents,
GPS systems, maps, etc. say Palmer Ave. This discrepancy causes a great deal of
confusion and unnecessary headache for those of us who live here. Per your email
dated August 23, 2012 which is copied below, it is unclear how this mistake came
about in the first place. Residents who have been here for many years do not know
why the road sign was misprinted.
We, the residents of Palmer, respectfully request that the road name be officially
changed to Palmer Ct to reflect the quaint, quiet, lovely neighborhood that it is.
Because the sign already says Palmer Ct, this is the "path of least resistance" for all
of us. Further, there will be no road sign costs incurred to make this change.
We ask that you waive the name change fees given the residents of our
neighborhood are simply trying to rectify a confusing situation that was not caused
by any of us.
Our signatures below reflect our unanimous perspective on the issue. Thank you for
your consideration of this matter.
Sincerely,
Allison and Alex Mast
allisonmastOgmail.com
9 Palmer
NO.—L,
Trace and Jonathan Turner
traceyturnerO gmail.com
3 Palmer
Ben and Bryn Argov
biynargov@gmall.com
2 Palmer
Judy and Joe Bell
wargh�gmail.com
4 Palmer and 8 Palmer
Imo- d, Q
Martha and Bruce Auld
mcauld Dacbell.net
7 Palmer
5 Palmer
From: Scott Anderson <snderson @ci.tiburon.ca.us>
Date: Thursday, August 23, 2012 8:59 AM
To: Tracey Turner <traceyturner @Rmaif.com>
Tracey and Jonathan Turner
tracevt -urner(� mail °cc��n
3 Palmer
Ben and Bryn Argov
brynarrov@gin ail. col
2 Palmer
_nom'
Judy end Joe Bell
w5f 111(cbgrnail.cc�ln
�4 Palmer and 8 Palmer
Martha and Bruce Auld
rncauldO acbell.net
7 Palmer
5 Palmer
From: Scott Anderson <sonderson@ci.tr'iDuron.ca.Ls>
Date: Thursday, August 23, 2012 8:59 AM
To: Tracey Turner <tracevturne�, @gi- naii.coM>
Cc: Nicholas Nguyen <nn u en ci.tiburon.ca.us >, Tarun Sanghvi
<tsan hvi ci.tiburon.ca.us>
Subject: RE: street name change advice
Tracey,
The street is officially shown as Palmer Avenue on the Town's street
list. My belief is that at some point in timemany years ago, the original
street SIGN was replaced with one reading "Palmer CtAsp-. That change
may have been made at the request of street residents, who may have
preferred "Courts over "AvenueA" for various reasons, or it may have
been a simple error made by whoever ordered the replacement street
sign. In any event, residents began to file for permits under "Palmer
Court *" and somehow, the name stuck.
Town Staff has no preference for either Avenue or Court; this is really a
choice for the property owners on Palmer to make. At this point, I would
ask that you gather signatures of the various property owners with Palmer
addresses, stating their preference for one or the other, and submit them
to me. E -mails from the various owners will also be acceptable. We are
familiar with most of the owners on the street.
Since the official street name is already Palmer Avenue, if that option is
chosen the Town would order a new street sign and correct the recent
permits to reflect Avenue rather than Court. All older permits issued by the
Town appear to be under Palmer Avenue.
If Court is preferred by the owners, then a formal application to change the
street name would be required. I have attached the application
forms. There is a fee.
I hope this helps. Call me at 435 -7392 if you have any questions.
Scott Anderson
Director of Community Development
NOTICE: This email message is for the sole use of the intended
recipient(s) and may contain information that is confidential and
protected from disclosure by the attorney- client privilege, as
attorney work product, or by other applicable privileges. Any
unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender
by reply email and destroy all copies -of the original message.
Friday, May 24, 2013 3:56:28 PM Pacific Daylight Time
Subject: Re: Steer name change
Date: Wednesday, May 22, 2013 2:48:20 PM Pacific Daylight Time
From: david johnson
To: Tracey Turner
Absolutely - sure
thx
On Wed, May 22, 2013 at 2:41 PM, Tracey Turner <traceyturnerAgmail.com> wrote:
Sure thing! An email approval works too so you I can just use this email as your official approval. Thanks!!
Sent from my iPhone
On May 22, 2013, at 2:31 PM, David Johnson <d4ohnson087Pgmail.com> wrote:
> Hi Tracy
> Lets make this easy - Can you sign my name for me
> Cheers
> David Johnson
> 415 - 725 -3735
> d*ohnson087@gmail.com
> Sent from my iPad
Page 1 of 1
Of T!
0 2
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
• Conditional Use Permit
• Precise Development Plan
• Secondary Dwelling Unit
• Zoning Text Amendment
• Rezoning or Prezoning
• General Plan Amendment
• Change of Address
TYPE OF APPLICATION
• Design Review (DRB)
• Design Review (Staff Level)
• Variance(s) #
• Floor Area Exception
• Tidelands Permit
• Sign Permit
• Tree Permit
• Tentative Subdivision Map
• Final Subdivision Map
• Parcel Map
• Lot Line Adjustment
• Condominium Use Permit
• Certific t of Comp fiance
Other
APPLICANT REOUIRED INFORMATION
SITE ADDRESS: =11WIM PROPERTY SIZE:
PARCEL NUMBER: ZONING:
PROPERTY OWNER:
MAILING ADDRESS:
PHONE/FAX NUMBER: E -MAIL:
APPLICANT (Other tha P e Owner):
MAILING ADDRESS:
PHONE/FAX NUMBER. tar% �qnZ- AIL: -V- t r –.%
is --r —0
ARCHITECT/DESIGNER/ENGINEER
MAILING ADDRESS:
PHONE/FAX NUMBER: E -MAIL:
Please indicate with an asterisk ( *) persons to whom Town correspondence should be .rent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach se rate sheet if needed):
I, the undersigned owner (or authorized agent) of the property herein described, hereby make application
for approval of the plans submitted and made a part of this application in accordance with the provisions
of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best
of my knowledge and belief.
I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the
Town grants the approval, with or without conditions, and that action is challenged by a third party, 1 will
be responsible for defending against this challenge. I therefore agree to accept this responsibility for
defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from
any costs, claims or liabilities arising from the approval, including, without limitation, any award of
attorney's fees t migh sult from the third party challenge.
Signature: * Date:
*If other tlran o , mus save authorization letter from the owner or evidence of de facto control
of the property or premises for purposes of filing this application
DO NOT WRITE BELOW THIS LINE
DEPARTMENTAL PROCESSING INFORMATION
Application No.: GP Designation: Fee Deposit:
Date Received: `] - I � 1 - � c; t 3 Received By: j!A— Receipt #:
Date Deemed Complete: By:
Acting Body: Action: Date:
Conditions of Approval or Comments: Resolution or Ordinance #
t I
i
I
40
NOTICE TO APPLICANTS
Pursuant to California Government Code Section 65945, applicants may request to receive notice from
the Town of Tiburon of any general (non - parcel - specific), proposals to adopt or amend the General Plan,
Zoning Ordinance, Specific Plans, or an ordinance affecting building or grading permits.
If you wish to receive such notice, then you may make a written request to the Director of Community
Development to be included on a mailing list for such purposes, and must specify which types of
proposals you wish to receive notice upon. The written request must also specify the length of time you
wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed
envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such
envelopes to the Town for the duration of the time period requested for receiving such notices.
The notice will also provide the status of the proposal and the date of any public hearings thereon which
have been set. The Town will determine whether a proposal is reasonably related to your pending
application, and send the notice on that basis.
Such notice shall be updated at least every six weeks unless there is no change to the contents of the
notice that would reasonably affect your application.
Requests should be mailed to:
Town of Tiburon
Community Development Department
Planning Division
1505 Tiburon Boulevard
Tiburon, CA 94920
(415) 435 -7390 (Tel) (415) 435- 2438(Fax)
www.ei.tiburon.ca.us
I*lV
1
0
.,
iy
ue
A
W
d
H
O
d
H
W
M+"I
a
O
P
w;
F.
a
v
v
r'
J
m
RESOLUTION NO. XX -2013
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON CHANGING THE NAME OF PALMER AVENUE TO
PALMER COURT
WHEREAS, Palmer Avenue was designated in 1948 by the Marin County Board
of Supervisors as part of its approval of the Little Reed Park subdivision, filed for record
in Book 6, Page 67 of Maps (RM 6 -67) in the official records of the County of Marin; and
WHEREAS, the Town of Tiburon has received a petition dated May 24, 2013
from all property owners having Palmer Avenue addresses requesting that the official
name of that publicly- maintained street be changed to Palmer Court; and
WHEREAS, it appears that the street sign for the street has read "Palmer Court"
for at least 20 years; and
WHEREAS, the Town Council has reviewed this request and determined that the
safety and convenience of the subject residential properties and the general public would
be enhanced by the renaming of the street; and
WHEREAS, the Town Council finds that the street has previously been accepted
into the Town of Tiburon street system pursuant to Streets and Highways Code Section
1806.
NOW, THEREFORE BE IT RESOLVED by the Town Council of the Town of
Tiburon that the street name of that certain street named Palmer Avenue is hereby
changed to Palmer Court, effective July 19, 2013.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on , 2013 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town of Tiburon Resolution No.xx -2013 - -1- -12013 1
r r T.
To:
From:
Subject:
Reviewed By:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Manager
Town Council Meeting
June 19, 21013
Agenda Item:
%. _" rp
Recommendation to Approve Agreement with Sam's Anchor Cafe for
Maintenance of Downtown Restrooms and Contribution to Restroom
Renovation
BACKGROUND AND ANALYSIS
On March 6, 2013, the Town Council authorized the Town Manager to execute a Lease
Agreement with Zelinksy Properties for public restrooms at 23 -25 Main Street. The Lease, which
is contingent upon the State of California's agreement to abandon its current leasehold of the
space, anticipates the Town will demolish and reconstruct the restrooms to substantially upgrade
their utility and attractiveness for the public. Historically the restrooms at this location have been
maintained by Sam's Anchor Cafe ( "Sam's ") pursuant to an agreement in which it received
contributions from the Town, the Angel Island Ferry and the Chamber of Commerce for this
work. Monthly maintenance contributions currently total $730.00.
Because the State is no longer willing to support restrooms at this location, the finances for this
amenity have changed substantially. As the new leaseholder, the Town will be liable for lease
payments previously paid by the State, as well as capital improvements for restroom renovation.
The Town is currently negotiating agreements with Blue and Gold Ferry, the Angel Island Ferry
and the Chamber of Commerce for substantial contributions to offset this ongoing lease payment;
these agreements will be brought to the Town Council for approval once completed.
Sam's Anchor Cafe will be a unique beneficiary of these new restrooms given their adjacency to
the restaurant and heavy use by Sam's patrons, who, under this arrangement, will now have
significantly upgraded restrooms available for use. Sam's is also capable of maintaining the
restrooms more readily and inexpensively than the Town or other parties as it already engages
staff for this purpose on its own premises. Consequently, Sam's and the Town have agreed that
Sam's will maintain the restrooms at its expense, including minor repairs such as fixing plumbing
problems, for as long as the Town retains restrooms at this location. The Town will be
responsible for major repairs to the facility should they be required, such as replacing fixtures.
Sam's has also agreed to a modest $5,000 contribution to the capital construction expense; total
capital costs are estimated at this time to be $150,000, although this number cannot be ascertained
until the project is bid out. Sam's will not be required to contribute to the lease payment.
TOWN OF TIBURON PAGE 1 OF 2
To,,N,n Council Meeting
June 19, 2013
FINANCIAL IMPACT
Under the proposal, Sam's Anchor Cafe will assume full responsibility for maintaining the
restrooms in a clean, functional and well supplied manner and make a small ($5,000) capital
contribution to the restroom renovations. The Town will be responsible for the capital
construction of the restrooms and periodic major repairs should they become necessary. The
Town will also be responsible for the lease payment but will have substantial offsetting
contributions, in amounts to be finalized shortly, from several third parties. (Lease costs were
detailed in the March 6, 2013 staff report on this subject.)
RECOMMENDATION
Staff recommends that the Town Council:
Approve the attached Agreement between the Town and Sam's Anchor Cafe for the
maintenance of the downtown restrooms at 23 -25 Main Street and authorize the Town
Manager to execute it, making any minor changes if necessary.
Exhibits: Agreement
Prepared By: Peggy Curran, Town Manager
TOWN Or Tmt i1W� Page 2 of-2)
AGREEMENT REGARDING MAINTENANCE OF
DOWNTOWN TIBURON
PUBLIC RESTROOM FACILITIES
THIS AGREEMENT, made and entered into this 1� "day ofT�. , 2013, by and between the
TOWN OF TIBURON, a municipal corporation ( "Town ") and Sam's Anchor Cafe, an LLC
(«Samlsl)�
RECITALS
A. Sam's is the owner of certain property located at 27 Main Street, Tiburon, CA, which
property is described in Exhibit A, attached hereto and incorporated herein by reference
( "Sam's Premises ").
B. For over twenty years, the Town, Sam's and other parties have shared the benefit of certain
public restroom facilities located at 23 -25 Main Street in Tiburon, shown on Exhibit B as
Parcel C and described in more detail on Exhibit C ("Premises"). Exhibits B and C are
attached hereto and incorporated herein by reference. The improvements on the Premises
are aging and in need of significant renovation.
C. The Premises are currently subject to a lease dated March 5, 1996 ( "Existing Lease ")
between Zelinsky Properties ( "Landlord ") and the State of California ( "State "), which
includes the right to access the Premises by an adjacent hallway show as Parcel A on
Exhibit A ( "Hallway "). The Hallway is separately leased by Sam's, which has maintained
the Premises and Hallway throughout the term of the Lease, with financial contributions
from the Town and other parties.
D. The Lease will terminate on June 30, 2014 and the State does not intend to renew it. The
Town is currently negotiating with the Landlord to lease and remodel the Premises. These
negotiations may result in the early termination of the Existing Lease as of the effective date
of the proposed lease between the Town and Landlord ( "Town Lease ").
E. In consideration of the benefit that Sam's would realize from continued access to the
restroom facilities on the Premises, which will be increased substantially by the proposed
renovations, Sam's and the Town have agreed to share responsibility for the Premises as set
forth here.
i
AGREEMENT
1. This Agreement shall take effect on the effective date of the Town Lease ( "Effective Date ").
2. Sam's Obligations.
A. Within 10 (ten) days of the Effective Date, Sam's shall pay the Town $5000 (five
thousand dollars) as a one -time contribution to the Town's renovation of the Premises
Page 1
B. Within 90 (ninety) days of written notice of the anticipated completion by Town of the
Town Project, Sam's will clean, repair and paint the Hallway, using white or a light
color paint and replacing the light fixtures therein, to make it a more attractive
accessway for the Premises.
C. Sam's will at all times keep the Premises and Hallway in a clean, safe and sanitary
condition, free from trash, garbage or debris of any kind and in full compliance with all
state and local laws governing sanitation, public health, safety or welfare.
D. Sam's shall perform all housekeeping activities necessary and appropriate to keep the
Premises and Hallway clean, neat and orderly, including, without limitation, sweeping,
vacuuming, dusting, mopping, wiping, washing, hosing and other general cleaning of
the doors, walls, floors, ceilings, windows and fixtures and replacing non - functioning
light bulbs.
E. For purposes of this Agreement
i. A "Mai or Repair" shall mean an individual repair that costs more than $1000, which
amount shall be increase by 2% (two percent) each anniversary of this Agreement.
All other repairs shall be Minor Repairs.
ii. A "Major Replacement" shall mean the replacement of an entire toilet, sink or
urinal. All other replacements shall be Minor Replacements.
F. Sam's shall be responsible for keeping the Premises and its fixtures in good repair
including promptly fixing plumbing problems that arise, replacing light bulbs, and
making other Minor Repairs and Minor Replacements.
G. Sam's shall supply all cleaning chemicals, equipment and tools necessary and
appropriate to perform the housekeeping activities described in this section.
H. Sam's shall supply all materials and supplies customarily used in public restrooms,
including, without limitation, toilet paper, paper towels, soap, tissue toilet seat covers
and light bulbs and ensure that the restrooms themselves are appropriately stocked on a
daily basis.
I. Sam's shall lock the Premises each night when the Sam's Anchor Cafe closes Ior - ,
business (or 9:00 p.m. if Sam's is not open), and open them each morning �y 7:00 a.m. l
,
I Sam's shall notify the Town promptly if the Premises require a Major Repair or Major
Replacement.
3. Town's Obligations.
A. During the term of this Agreement, the Town shall use the Premises for public restroom
Page 2
facilities and customary accessory uses.
B. Town shall be responsible for all payments due to the Landlord under the Town Lease,
including, without limitation, rent, all water and other utility charges, insurance costs
and real and personal property tax payments.
C. Town shall be responsible for Major Repairs and Major Replacements, as defined in
Section 3 of this Agreement.
4. Mutual Indemnities.
A. The Town will indemnify, defend and hold Sam's harmless against any and all claims,
damages and expenses (including, without limitation, attorneys fees), liabilities and
judgments relating to injury to persons, loss of life or damage to property arising from
the alleged active negligence or willful misconduct of Town or from its failure to
perform its duties under this Agreement.
B. Sam's will indemnify, defend and hold the Town harmless against any and all claims,
damages and expenses (including, without limitation, attorneys fees), liabilities and
judgments relating to injury to persons, loss of life or damage to property arising from
Sam's alleged active negligence or willful misconduct or from Sam's failure to perform
its duties under this Agreement.
C. As used in this Section, "Town" and "Sam's" shall include the named party's agents,
employees, officials and contractors.
5. Miscellaneous.
A. Governing Law. The laws of the State of California shall govern this Agreement. In the
event that a dispute arises under this Agreement, the venue for resolving said dispute
shall be the County of Marin.
B. Severability. If any provision of this Agreement is found to be invalid or unenforceable,
the validity and enforceability of the remaining portions shall not be affected unless the
effect thereof would materially change the economic burden on either party.
C. Successors in Interest; Assignment. This Agreement is intended to run with the land
with respect to the Sam's premises and be binding on the assigns and successors in
interest to both parties. Notwithstanding the forgoing:
i. Sam's shall have no obligations under this Agreement during any period of six
months or more during which there is no restaurant on Sam's Premises.
ii. In the event that the Town ceases to use the Premises for public restaurants, this
Agreement shall terminate and be of no further force and effect.
Page 3
D. Entire Agreement; Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
Sam's Anchor
By Steve Sears
Its: Owner
APPROVED AS TO FORM:
Ann R. Danforth, Town Attorney
Ken Downs, Attorney for Sam's
Page 4
TOWN OF TIBURON
By: Margaret A. Curran
Its: Town Manager
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subj ect:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Tiburon Police Department
Town Council Meeting
June 19, 2013
Agenda Item: CC407
Recommendation to Authorize the Tiburon Police Department to
Enforce Parking Restrictions on Private Commercial Property
6��
Enforcement of parking restrictions on private property has traditionally been the responsibility
of the property owner. The sole recourse available to property owners is to have vehicles towed
from their property. This approach is expensive and difficult for the offender, typically in the
$500 -$600 range for persons whose cars have been towed, and time consuming for property
owners. Several local commercial property owners have experienced misuse of their parking lots
by commuters, employees of other businesses and visitors and thus are seeking alternative modes
of enforcement. Property owners (or their agents) including Zelinsky Properties, The Belvedere
Land Company and James Mantagani have expressed interest in having the Police Department
enforce parking restrictions on their private lots.
ANALYSIS
The Tiburon Police Department (TPD) has been in discussion with several downtown property
owners regarding their desire to find alternatives for enforcing parking limits. The Department
and these private owners have come to agreement about an enforcement model, similar to that
found in some other municipalities, in which the Town would conduct enforcement and retain the
fines from the citations it issues to pay for this service.
Tiburon Municipal Code Section 23 -15 provides sufficient authority for enforcement on private
property provided that signs are posted at all entrances to the parking lots where enforcement is
desired. The signs would advise users of the lots of a two -hour (for instance) maximum for
customers only.
Enforcement would be done on a complaint basis. A property owner, or their agent, would call
the TPD with a description of an offending vehicle, one that the property owner believes belongs
to someone who is not a customer or employee of a tenant or is overstaying the posted time limit.
The Department would dispatch a parking enforcement officer or other available officer to chalk
the vehicle tire. The officer would return two hours later and cite the vehicle, if it was still there,
Town Council Meeting
June 19, 2013
for overtime parking ($45.00). Use of "overtime parking" as the basis for a citation rather than
"customers only" achieves the same effect but is an objective standard the TPD can readily
establish.
The property owners would bear the cost of signage and be required to sign a letter, prepared by
the Town Attorney, releasing the Town from any liability arising from enforcement and
authorizing the TPD to engage in enforcement under the conditions outlined in this report. The
Town would keep the proceeds from any fines collected. An appeal process already in use by the
Department is available to individuals who believe they have been wrongly cited.
Staff recommends this service be made available only for commercial properties in the downtown
area and the Cove Shopping Center, at least at this time. Inclusion of other private property
throughout the community has the potential to increase response time and render it economically
unsustainable.
Enforcement could be terminated by either party by e -mail notification, or removal of the signs
by the property owner.
FINANCIAL IMPACT
The TPD has the capacity to support this enforcement without the addition of personnel or
equipment and does not anticipate any increased costs associated with enforcement as it is
routinely undertaking this activity. A small increase in citation revenue is anticipated which will
offset the use of employee time for this enforcement.
RECOMMENDATION
It is recommended that the Town Council:
1. Approve the establishment of a private property parking enforcement service for
commercial properties in specified areas on a request basis; and
2. Direct the Town Attorney to prepare and the necessary letter and obtain the required
signatures.
Prepared By: Michael Cronin, Chief of Police
Toyvv'y O1- T1 I!I-I,O N Page 2 ��f 2
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Director of Public Works Nicholas Nguyen
Town Council Mceting
June 19, 2013
Agenda Item: Cc so /0
Resolution Commending Foreman John McKelvie Upon His Retirement
Following 39 Cumulative Years of Service With the Town of Tiburon
--—
On June 28, 2013 Public Works' Foreman John McKelvie will conclude 39 years of cumulative
service to the Town of Tiburon and retire from public service. Foreman McKelvie has made an
indelible impression upon the community, the Department of Public Works, and the quality of
life in Tiburon.
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to adopt a resolution commending Foreman John McKelvie for his 39 years of
cumulative service with the Town of Tiburon.
Exhibit: Resolution
Prepared By: Nicholas Nguyen, Director of Public Works
TOWN OF TIBURON PAGE 1 OF 1
Resolution No. xx -2013
A Resolution of the Town Council of the Town of Tiburon
Commending Public Works Foreman John McKelvie upon his
Retirement from the Tiburon Public Works Department
WHEREAS, John began his career at the Tiburon Public Works Department in December, 1969,
where he worked until September 16, 1983, as a Maintenance Worker II;
WHEREAS, John then took a job in the Reno, Nevada, Public Works Department but after three
years he returned to the Town of Tiburon on October 6, 1986, and has worked here ever
since;
WHEREAS, John has been a dedicated employee of the Tiburon Public Works Department for a
total of 39 cumulative years and has participated in the completion of many public works
projects including the construction of the new Town Hall and Police Department, the
installation of the downtown plaza fountain, Coming About, and various other public
works throughout the town;
WHEREAS, as the Public Works Foreman, John led the Public Works staff year after year in
helping to maintain and protect the public streets and rights -of -way, especially during our
winter storms, many times diverting disaster from flooding and downed trees.
WHEREAS, John has been a leader and mentor to staff during his tenure at Public Works, and
his unwavering dedication speaks to his exemplary strength of character.
NOW THEREFORE, the Town Council of the Town of Tiburon does hereby heartily thank and
congratulate John McKelvie for his 39 years of distinguished service to the Town of
Tiburon upon his retirement from the Tiburon Public Works Department, and extends its
sincere best wishes for all future success in his life.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on June 19, 2013.
AYES: COUNCILMEMBERS:
EMMETT O'DONNELL, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Town Council Meeting
June 19, 2013
Agenda Item:
C`- 0
Office of the Director of Public Works / Town Engineer
Compliance with the State of California's 2013 General Permit for
Stormwater Discharges from small Separate Storm Water Systems (MS4s)
Phase II Permit
The Federal Government adopted the Clean Water Act in 1971 to improve water quality. In 1987
the Clean Water Act was amended to extend regulatory authority over "non -point source" (a.k.a.
stormwater) discharges and in 1991 the Environmental Protection Agency (EPA) issued rules and
started regulating storm water, requiring large communities to obtain a National Pollution
Discharge Elimination System (NPDES) permit, and develop and implement plans to control
stormwater pollution. The EPA started regulating small communities in 1999. Marin County and
all its cities are considered small communities and have been regulated under a General Permit
since 2003. That permit was revised on February 5, 2013 (Phase H Permit).
In 1993 Marin County communities formed an administrative group to assist agencies to respond
to the new regulations. This group eventually evolved into the Marin County Stormwater
Pollution Prevention Program ( MCSTOPPP) whose role is to coordinate permit compliance,
conduct compliance activities for the benefit of all MCSTOPPP members, and track stormwater
regulations on behalf of member agencies. The new Phase H Permit significantly expands the
responsibilities of both MCSTOPPP and local jurisdictions to monitor and report on stormwater
pollution prevention efforts in their communities by compliance with the 27 chapters of the new
permit.
ANALYSIS
The following is a summary of tasks that must be completed in the next five years. Some of these
activities are already being performed by Tiburon, other municipalities and MCSTOPPP, but will
need to be enhanced to meet Phase II Permit requirements. MCSTOPPP will play a significant
role in this effort, reducing the overall expense and operational burden for member agencies.
General Categories
• For planning purposes, establish a countywide MCSTOPPP permit implementation plan
and update the MCSTOPPP Joint Exercise of Powers Agreement. These documents will
define Countywide MCSTOPPP tasks versus local municipal tasks.
TOWN OF TIBURON PAGE 1 OF 3
1
• Revise the Town of Tiburon boundary map showing the municipal boundary. This work
has already been completed by MCSTOPPP and is attached as Exhibit # 1.
• Map and inspect Town owned facilities such as parks, corporation yards, and building
sites with potential pollutant discharge exposure risks.
• Create a process to include Water Quality and Habitat enhancement features in flood
control projects.
• Implement a Water Quality Monitoring program.
• Implement the applicable Urban Creek Diazinon and Pesticide Toxicity Total Maximum
Daily Load (TMDL) and the Richardson Bay Pathogen TMDL requirements.
• Utilize the Storm Water Multi- Application, Reporting and Tracking System (SMARTS), a
State reporting system to document compliance efforts and to submit the Notice of Intent
(NOI) to comply with the permit.
Changes affecting development (private and public)
• Require certain development projects to install permanent stormwater treatment measures.
Projects that add or replace 5000 square feet (SF) of impervious surface are subject to
prescriptive requirements. Projects that add or replace 2500 -4999 SF of impervious are
subject to less involved requirements. It will be necessary to annually report on the
performance and upkeep of the facilities. Some road and utility projects will are subject to
stormwater treatment requirements.
• Require all building and grading permit projects that disturb soil to submit and comply
with an Erosion and Sediment Control Plan.
• Ensure that staff is trained and that key staff are certified to review and approve Erosion
and Sediment Control Plans and to inspect their implementation.
• Create and continuously update a database to document and track projects' pollution
control practices during construction and their ongoing operations and maintenance of
permanent stormwater treatment facilities.
Illicit Discharge Detection and Elimination
• Track and report Sanitary Sewer Overflows as illicit discharges.
• Update urban runoff pollution prevention ordinance to prohibit over watering from
landscaped areas.
• Conduct dry weather flow outfall monitoring to detect and require corrective actions for
over watering and illicit discharges and connections. This will require procurement of test
kits, and specialized training to ensure testing is done in accordance with accepted
sampling and testing protocols and practices.
Municipal Maintenance Operations
• Assess and prioritize storm drain system maintenance based on accumulation of sediment,
trash and debris, verify that activities are performed according to priorities and document
waste material disposal procedures.
• Implement landscape maintenance and design programs to minimize the use of pesticides.
Public Education and Effectiveness Assessment
• Develop a targeted Public Outreach Strategy designed to measurably increase knowledge
and awareness and conduct surveys in order to assess changes.
• Conduct construction industry outreach.
_Vown ( "o nail Mccling
I _J LUIC 1' 1 2013 ]
• Develop and implement a staff training program to ensure effective implementation of the
Illicit Discharge Control, the Municipal Maintenance Operations, and the Construction
Site Management requirements.
• Create a plan to establish criteria for measuring and improving successful performance.
While the totality of these new regulations appears daunting, the implementation schedule is
sufficient to allow MCSTOPPP and its member agencies to maximize the benefits of countywide
coordination and cost sharing. In the coming year, most of the workload impact will be the result
of increased administrative requirements. Fieldwork and reporting will ramp up in year two.
The Town is required to adopt the attached Resolution designating a "Discharger ", who must be
an executive officer or ranking elected official, to apply for the permit and provide required maps
and other documentation.
FINANCIAL IMPACT
Current Town funding cost for MCSTOPPP is $19,447 annually, not including staff time of the
Engineering Technician/Stormwater Coordinator. This is anticipated to increase to $28,000 over
the next five fiscal years. The financial impact of the new permit regulations are still being
estimated by local agencies but the State estimates range from $18 to $46 per household. A
review of permit requirements reveal local costs could increase 20 to 30% above what staff
currently perform.
MCSTOPPP staff estimate the new regulations will require one (1) additional full time employee
(FTE) for the County to comply with permit requirements and that this cost could increase their
operational cost by 25 %. At this time, staff believes local compliance will be achieved through
partnering with MCSTOPPP and possible consultant contracts for specialized tasks.
RECOMMENDATION
Staff recommends that the Town Council:
1. Adopt the resolution appointing the Town Manager or designee as "Discharger" and
authorize application to the State for coverage under the Phase II Permit.
Attachments: Resolution
Exhibits: Exhibit #1 — Town of Tiburon Boundary Map
Exhibit #2 — State Water Board Fact Sheet
Prepared By: Matthew S. Swalberg, Engineering Technician
RESOLUTION NO. -2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AUTHORIZING THE TOWN MANAGER TO APPLY FOR COVERAGE UNDER THE
STATE WATER RESOURCES CONTROL BOARD'S PHASE II SMALL MUNICPAL
SEPARATE STORM SEWER SYSTEMS (MS4) GENERAL PERMIT
WHEREAS, the federal Clean Water Act (CWA) establishes the basic structure for
regulating discharges of pollutants into waters of the United States; and
WHEREAS, the CWA was amended in 1987 to address nonpoint source pollution,
thereby requiring the U.S. Environmental Protection Agency (EPA) to issue National Pollutant
Discharge Elimination System ( NDPES) permits for stormwater discharge; and
WHEREAS, on December 8, 1999, the EPA promulgated regulations under the
authority of the CWA establishing Phase II of the NPDES stormwater program, thereby
requiring municipalities serving populations less than 100,000 in implement a stormwater
management program as a means to control polluted discharges from their municipal separate
storm sewer systems; and
WHEREAS, the EPA delegates NPDES permitting authority to the California State
Water Resources Control Board (State Board); and
WHEREAS, on April 30, 2003, the State Board adopted Water Quality Order No. 2003-
005 DWQ, , NPDES General Permit CAS000004 Waste Discharge Requirements for Storm
Water Discharges from Small Municipal Separate Storm Sewer Systems (`Phase II Permit ") to
comply with Clean Water Act; and
WHEREAS, the Town of Tiburon is currently covered by the State Board's 2003 Phase
II Permit; and
WHEREAS, on February 5, 2013, the State Board adopted a revised Phase II Permit,
which goes into effect on July 1, 2013; and
WHEREAS, the Town of Tiburon is required to apply for coverage under the new Phase
II Permit by the effective date; and
WHEREAS, the current permit cost is $19,447 annually and will increase over the next
five fiscal years to approximately $27,500 or more; and
WHEREAS, the application for coverage, known as the Notice of Intent (NOI), must be
signed by a "Discharger" who is an executive officer or designee (Director of Public
Works/Town Engineer of the designated municipality; and
WHEREAS, the Discharger is responsible for reviewing, validating and certifying the
NOI for accuracy and correctness and submitting it electronically using the Storm Water Multi -
Application, Reporting and Tracking System (SMARTS) by July 1, 2013; and
1/2
WHEREAS, the applicable NPDES permit fee, jurisdiction boundary map, and guidance
document noting overall program planning and identification of all Permit requirements and
responsible implementing parties must be submitted with the NOI; and
WHEREAS, through the SMARTS application process the Discharger may assign one or
more Duly Authorized Representatives (DARs) to certify and submit annual reports on behalf of
the Discharger.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon as follows:
Section 1. The Town Council does hereby authorize the Town Manager to serve as the
Discharger and to apply for coverage under the Phase H Permit on behalf of the Town of
Tiburon, by electronically submitting a Notice of Intent via SMARTS. This authorization
extends to other actions that may be necessary to complete and submit the NOI.
Section 2. The Town Council does hereby authorizes the Town Manager to assign one or
more Duly Authorized Representatives to certify and submit annual reports on behalf of the
Town Manager.
PASSED AND ADOPTED at a regular meeting of the Town Council on the 19th day of
June 2013, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
EMMETT O'DONNELL, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
2/2
O�
ad�5e '
------- - - - - -- -
Town of - - - - - -- -n
ci
Corte Madera o
0
Unincorporated
Marin County San Francisco zz
�\ I
Bay
a�
G teeµ.
t
G�
tide
,
' Para dise Cove
Town of..'
'1
Tiburon
,,
�\
A
Oise
I
0
11 \
/
I
Y 1
1 -
I
I
00
Richardson
City of �' �<
i
Ba y
Belvedere Seta
GGO
City of
Sausalito y -,
�0
Main Streets
and Highways
Angel Island
Waterways.
,
r
'
State Park
Town of Tiburon
10
�
Permit Boundary
I Other Cities
and Towns
- Unincorporated
;
Marin County
,
Angel Island
State Park
Gour�y
1 Ma��r Gour�y
Census 2010 Boundaries:
-'G\soo
Cities and Towns
SarF�a
Counties
N
Feet
Town of Tiburon
MS4: Municipal Separate
Marin County
0 1,000 2,000
A
MS4 Permit Boundary Map
Storm Sewer System
stormwater Pollution
The Town of Tiburon MS4 permit boundary includes the land area within the Town Limits. Within
Prevention Program
=`k
MAP IS REPRESENTATIONAL ONLY
oATAARE NOT SURVEY ACCURATE,
the permit boundary there are parcels over which the Town does not have jurisdiction, such as
state and /or federal land. Other than Angel Island State Park, these parcels are not indicated.
.tune 2013
Phase 11 Small Municipal Separate Storm Sewer System
(Small MS4) General Permit
The State Water Board renewed this Permit February 2013, it becomes effective July 1, 2013.
SigniPcant Changes to Permit Include:
• New and re- development standards focus efforts on storm water recovery and use.
• Less pollution entering Areas of Special Biological Significance.
• Less pollution entering polluted water bodies.
• Reduce cost of permit implementation by folding in compliance efforts into existing
activities of the Small MS4.
History of Storm Water Regulation
For nearly two decades, the State Water Resources Control Board (State Water Board) has
regulated runoff and treatment of storm water from industrial and municipal sources in
California. The State Water Board bases permits on the National Pollutant Discharge
Elimination System ( NPDES) storm water regulations adopted by the US Environmental
Protection Agency (US EPA) in 1990 and 2000. Both the US EPA and the Water Boards have
determined that storm water and urban run off are significant sources of water pollution that
can threaten aquatic life and public health.
Phase 11 Small Municipal Separate Storm Sewer System
(Small MS4) General Permit Renewal
The Small MS4 permit regulates storm water discharges from municipalities that serve
populations of less than 100,000 persons. The permit provides coverage for about 250
traditional (municipal government) and about 185 non - traditional (state and federal
government) Small MS4s.
Background of the Small MS4 Permit
In 1999, the US EPA established regulations requiring that Small MS4s be regulated pursuant
to a NPDES permit. The regulations also specified six minimum control measures including
Public Education and Outreach, Public Participation /Involvement, Illicit Discharge Detection
and Elimination, Construction Site Run -off Control, Post - Construction Run -off, and Pollution
Prevention /Good Housekeeping that were to be included in the permits. As adopted in 2003,
the first generation permit contained the six control measures but only in very broad terms.
The permit required the Permittees to develop storm water management plans (SWMPs) with
time frames for accomplishing the tasks described.
STATE WATER RESOURCES CONTROL BOARD
1001 I Street, Sacramento. CA 95814 • 916.341 -5254 • Mailing Address: P.O. Box 100, Sacramento, CA 95812 -0100 . www,waterboards.ca.gov
Permit Renewal Changes
The State and Regional Boards have learned, through audits and other means, that programs
having more specific permit requirements were generally more comprehensive and effective in
controlling storm water pollution. The specificity of the provisions enabled the permitting
authorities to enforce the MS4 permits and improve the water quality of storm water
discharges.
The 2013 Small MS4 permit specifies actions necessary to reduce the discharge of pollutants
in storm water to the Maximum Extent Practicable (MEP). This level of specificity was included
in order to clearly define Water Board expectations for control of storm water runoff from
Phase 11 dischargers and address concerns raised by the federal courts about whether
submittal of the SWMP was allowing the Permittee to write its own permit without benefit of
public review and comment. It also eliminates the need for the municipality to prepare a
SWMP.
Summary of Changes in Phase II Small MS4 General Permit
• Implementation of Low Impact Development (LID) Principles — Requires incorporation of the
principles of LID including storm water recovery and use for most types of new and re-
development.
• Areas of Special Biological Significance (ASBS) — Incorporates the Special Protections for
discharges of storm water to ASBS that were recently adopted by the State Water Board.
These Special Protections will ensure that natural water quality in the ASBS will be maintained.
• Total Maximum Daily Load Implementation (TMDL) Requirements — Incorporates
implementation requirements for adopted TMDLs and the associated waste load allocations and
load allocations. TMDLs set a limit for the amount and types of pollution allowed to enter
receiving waters that storm water may drain into.
• Specific Management Measures — Includes specific management measures and describes the
associated tasks and implementation levels that municipalities must meet.
• Elimination of Submission of SWMP — Eliminates the requirement to submit a SWMP for
review and approval by the Regional Water Boards.
• Designation Criteria & Waiver Certification — Describes the criteria used for designation and
provides for some communities to "opt out" of the permit if specific waiver criteria are met.
• Program Management — Requires that the storm water program is actively managed and a
specific point person responsible for permit administration and compliance.
• Storm Water Multi Application Reporting and Tracking System (SMARTS) — Requires that
Notices of Intent and Annual Reports be submitted electronically using the SMARTS system, an
online database maintained by the State Water Board.
(This fact sheet was last updated May 1, 2013)
• Water Quality Monitoring — Prioritizes monitoring for ASBS, TMDLs and 303(d) listed
waterbodies. Permittees having a population of 50,000 or more are required to choose from a
number of monitoring options. While Regional collaboration among jurisdictions is encouraged,
the permit provides options for conducting the monitoring program.
• Program Effectiveness Assessments — Requires Permittees to assess their programs to
ensure that efforts to control pollutants and debris are effective. The MS4 programs should be
able to demonstrate the link between program activities and water quality improvements.
For more information on this program, please visit:
http:// www. waterboards .ca.gov /phasellpermit
(This fact sheet was last updated May 1, 2013)
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Town Council
Town Attorney
Town Council Meeting
June 19, 2013
Agenda Item: -6/ •-- 404
Subj ect: Recommendation to Approve the Report of the Tiburon Tourism
Business Improvement District Advisory Board; Adopt Resolution of
Intention to Continue Assessments and Take Related Actions
Reviewed By:
BACKGROUND
On March 20, 2013, the Town Council considered significant changes to its tourism promotion
program. The Town funds the program by assessments imposed through the Tourism Business
Improvement District ( "TTBID "). Since the TTBID's creation in 2007, the Town had used
assessment revenues to fund participation in a County -wide program administered by the Marin
County Visitors Bureau ("MCVB "). However, in 2012, the assessed businesses, the Town's two
lodging establishments, requested that the Town redirect the funds to a more locally focused
effort. At the March 20th meeting, the Council approved an agreement to terminate the Town's
contract with the MCVB. On May 15, 2013, the Council took the next step by appointing four
members to an Advisory Board to developed the framework of the new TTBID program:
Council Member Jim Fraser, Town Manager Peggy Curran, and one representative from each
hotel.
The Board will meet on June 17, 2013 to consider and approve a Advisory Board Report to
govern the TTBID program for the upcoming fiscal year. Staff has prepared a draft for the
Board's consideration, which is attached to this staff report. If the Board directs staff to make
any changes to the Advisory Board Report, staff will provide the Council with a revised draft
prior to its June 19th meeting.
To create funding for the TTBID program, the Town Council must also take certain actions to
continue the levy of assessments. The first such action is the adoption of the attached Resolution
of Intention.
ANALYSIS
1. Advisory Board Report
The draft Report recommends that the Town use the TTBID assessments to fund a pilot
marketing program, administered by the Town Manager in consultation with the TTBID
Town Council Meeting
June 19, 2013
beneficiaries — the Town's lodging establishments — and other interested parties. We expect that
the TTBID program will consist of the following activities:
• A broad -based destination marketing campaign to raise Tiburon's profile as a
premiere location for vacations, conferences, meetings and other events. This
campaign will be directed both at leisure tourists and at travel, event and conference
professionals.
• Market research to determine the best means of attracting customers to the assessed
businesses.
• Strategies to raise Tiburon's profile on the internet and in social media.
• Creation and distribution of maps, brochures, advertising materials and similar
tourism- related documents that support the TTBID mission.
• Representation at trade conferences and other events directed towards the tourism and
event industry.
• Identification and implementation of opportunities to attract favorable media attention
to the Town (an example is the Town's sponsorship of the America's Youth Cup
TEAM USA45).
• Provision of visitor services to improve room night consumption.
2. Resolution of Intention and Related Actions
The proposed TTBID program requires changes to the plan that Council approved in 2007 and
statutorily prescribed actions to continue the TTBID levy of assessments. The first step is for the
Council to adopt the attached Resolution, which, among other things, does the following:
Declares the Council's intention levy the assessments during the upcoming year.
Describes the proposed activities and improvements authorized by the Town's
ordinance, Chapter 7A, and any substantial changes to those activities and
improvements.
Fixes the time and place for a public hearing on the proposed assessments and
states that written and oral protests may be made.
The attached draft Resolution of Intention includes all of the statutorily required actions.
If the Council decides to proceed with the TTBID process and adopts the Resolution, staff will
mail and publish notice of the July 17th public hearing as required by State law. After holding the
public hearing and considering public testimony, the Council would determine whether there was
a majority protest. Assuming that there was not, the Council could confirm the report and levy
the assessments.
If the Council decides to levy the assessments pursuant to the Advisory Board Report and
Resolution of Intention, it will need to amend Chapter 7A of the Municipal Code to reflect that
the TTBID funds will now be used to fund a local program instead of the MCVB program
envisioned when the Town created the TTBID in 2007. Staff will prepare a draft amendment for
Council consideration on July 17th after the TTBID item.
Town Council Meeting
June 19, 2013
FINANCIAL IMPACT
Staff does not expect any significant financial impact. The Town will fund the TTBID program
from the TTBID assessments and, as before, keep a I% allowance to recover its administrative
costs.
RECOMMENDATION
Staff recommends that the Town Council:
1. Consider the Advisory Board Report.
2. Approve the Report with any desired changes.
3. Adopt the Resolution of Intention
Exhibit: (1) Draft Report of the TTBID Advisory Board
(2) Resolution of Intention
Prepared By: Ann R. Danforth, Town Attorney
To:
From:
Subject:
I.
Tl
2(
Ti
Cc
Cc
Y
thl
PL
M
re]
fu
lot
of
its
the
as
nc
re,
II.
TOURISM BUSINESS IMPROVEMENT DISTRICT
ADVISORY BOARD REPORT
Mayor and Members of the Town Council
TTBID Advisory Board
LATE MAIL # c2, .
Report of the TTBID Advisory Board re TTBID Funding and Program;
Recommendation to Annrove Renort - REVISED
A. Procedural Requirements.
)") in
P,, at
Aarin
Marin
ict. The
i raised
;quest.
to
he hotel
TTBID
,r a
Town
severed
First,
iness
awn must
;sment
The Town created the TTBID in 2007 pursuant to the Parking and Business Improvement Area
Law of 1989, Section 36500 et seq. of the California Streets and Highways Code (the "Act ").
The formation process required several Council meetings and a public hearing to hear any
protests. At the end of that process, the Council adopted an ordinance that created the TTBID
and levied the assessments on lodging establishments within the Town. In 2011, the Town went
through a similar process to increase the assessments.
TOWN OF TIBURON PAGE 1 OF 4
EXHIBIT i
The Act includes annual reporting responsibilities that now fall to the Town. The Council took
the first step on May 15"' by appointing the Advisory Board for the TTBID. Each year, the
Advisory Board will prepare a report. Under Section 36533 of the Act, the Report must contain
the following:
1. The improvements and activities to be provided for the upcoming fiscal year,
i.e., the business improvement program.
2. An estimate of the cost of the business improvement program for that fiscal
year.
3. The method and basis of levying the assessment in sufficient detail to allow
each business owner to estimate the amount of the asss`tot to be levied
against his or her business for that fiscal year.
4. The amount of any surplus or deficit revenues tQ'rred over from a
previous fiscal year.
5. The amount of any contributions to be made . ft6;`m sources' tier than
assessments levied pursuant to this part:::= ::;:.:,
Several of these items do not apply because this is thirst year oche Town's program. This
. ............:::.:....
Report addresses the applicable issues in Section II:B, 1,
The Council must review this report at a public meeting. If the uncil approves the report,
either in its current form or with changes,heouncil should adc fine .attached Resolution of
.........:.
Intention, which sets a public hearing on thrsd program. Pie note that the original
TTBID formation documents expressly statedahat *t'� ' ` �v . would use the assessment funds to
......................
..
.....................
participate in the County -wide program. The ' esoluto ,: df ion includes modifying the
permissible use of the funds, as proposed by the tvo hotels.:.;:; '
After the Council adopts If e Reso, "lion of Intention staff will provide notice as required by the
.....:.. ..:.:.
Act. On the stated dale ::::Council vvi uld hold the p lic hearing and consider any protests from
s................:.:.
the assessed businesses Rabe t'lod. in ::establishments . Assuming no majority protest,
............................ ...................................... ........1......................
the Council would adopt a r "lotion cori` ` g the report and levying the assessments. At this
same meetin cil shontroduce an ordinance amending Chapter 7A of the M
g :.:.......:q g p Municipal
Code to reflect the red -hon of t TBID funds. The Council would adopt the ordinance at its
next 1n ting. ...............
1. Ii�rovem'nts and Activities
This will be the Tovv" s first year undertaking this endeavor, which the Town Manager will
implement as a pilot program. Town staff has worked closely with the hotels' representatives and
marketing professionals to lay the groundwork for our local program. The Town Manager will
continue that consultation process with the assessed businesses and others to develop and fund
specific activities over the upcoming months. We expect that the TTBID program will consist of
the following:
• A broad -based destination marketing campaign to raise Tiburon's profile as a
premiere location for vacations, conferences, meetings and other events. This
EXHIBIT
campaign will be directed both at leisure tourists and at travel, event and
conference professionals.
• Market research to determine the best means of attracting customers to the
assessed businesses.
• Strategies to raise Tiburon's profile on the internet and in social media.
• Creation and distribution of maps, brochures, advertising materials and similar
tourism- related documents that support the TTBID mission.
• Representation at trade conferences and other events directed towards the
tourism and event industry.
• Identification and implementation of opportunities to attruwt favorable media
attention to the Town (an example is the Town's sponsi-orshlb of the America's
Youth Cup TEAM USA45).
• Provision of visitor services to improve room night Wmption.
... ........
The Board does not expect that Town staff will undertake tk activities dire Marketing lies
well outside the normal business of running a local govemnent, which is staff s'ary..
responsibility. The Board recommends that the Town,:M, ' anager retain a consultant° onsultants
to assist in further program development and impleon.
2. Revenues.
The TTBID raised $109,309 in assessmenti�:
raise a similar amount in Fiscal Year 2012 -01-1
accumulated revenue since the termination 0 t
expect the revenues to remain fairly stable dun
thereafter. The Advisory Boar- : q, ects to expe
TTBID program. Any suns rer ng would b
3. Method ri!€ Basisf Assessment
4. S lus .Or Deficit Revenues to be carried over.
As noted above, the `TBID currently holds $48,649 of accumulated revenue. The Town has
expended approximately $1,960.00 to date on hotel advertising, at the joint request of the hotels.
The Board recommends ratifying this expenditure. The remaining $46,689 will be carried over
and expended in Fiscal Year 2013 -2014.
EXHIBIT j
5. The Amount of Contributions from non - TTBID Sources.
Other sources of income are unknown at this time. However, the Advisory Board recommends
exploring participation from local merchants that could benefit from tourism promotion activities.
FINANCIAL IMPACT
None. The Town will continue to collect the 1 % administrative allowance as provided by law.
All remaining funds would be expended on the TTBID program without further contributions
from the Town.
RECOMMENDATION
The Advisory Board recommends that the Town Council:
1. Hear public testimony and make any desired ches
and
2. Move to approve a Resolution Approving Report,
::::::
to Levy Assessments as set forth herein and s . g a
Assessments.
the Advisory Board Report;
laring the To" s Intention
is Hearing on said
EXHIBIT
RESOLUTION NO. -2013
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON DECLARING ITS INTENTION TO CONTINUE TO
LEVY AND COLLECT ASSESSMENTS ON LODGING
ESTABLISHMENTS WITHIN THE TIBURON TOURISM
BUSINESS IMPROVEMENT DISTRICT AND ADOPT A
MODIFIED PROGRAM
WHEREAS, the Parking and Business Improvement Area Law of 1989, Section 36500 et
seq., authorizes counties to establish parking and business improvement areas for the purpose of
promoting tourism; and
WHEREAS, in 2007, the Town formed the Tiburon Tourism Business Improvement
District ( "TTBID "), whose boundaries are the Town's borders, with the intention of participating
in the County of Marin Board tourism promotion efforts, administered by the Marin County
Visitors Bureau ( "MCVB "); and
WHEREAS, the TTBID levies assessments on lodging establishments in the Town; and
WHEREAS, in 2010, at the request of the Town's two lodging establishments, the Lodge
at Tiburon and the Water's Edge Hotel ( "collectively, "Town Hotels "), the Town increased the
TTBID assessments and
WHEREAS, the Town Hotels have requested that the Town continue to levy and collect
assessments for the TTBID but have asked that the Town expend those funds on a locally -
focused program; and
WHEREAS, in March of this year, the Town severed its contractual relationship with the
MCVB and intends to use existing and future TTBID revenues to fund activities that directly
promote the Town and its hotels.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town of
Tiburon does hereby resolves, determines, and finds as follows:
Section 1. The recitals set forth herein are true and correct.
Section 2. The Town Council hereby declares its intention to continue levying and
collecting assessments within the Tiburon Tourism Business Improvement District ( "TTBID "),
whose boundaries are the Town's borders, during the 2013 -2014 fiscal year;
Section 3. The Town will use the TTBID funds to finance and administer marketing
programs to promote mid -week and off - season overnight lodging business, to promote the Town
as an overnight tourism destination, and to fund projects, programs, and activities that benefit
Page 1 of 4
Z-vA I) c f
lodging establishments within the TTBID, including management and visitor services, all as set
forth in this Resolution and the Advisory Board Report approved by the Council on June 19,
2013 ( "Advisory Board Report") and on file with the Town Clerk. The Town will amend
Chapter 7A of the Municipal Code to reflect this use of funds.
Section 4. The assessment is proposed to be levied on all lodging establishments,
existing and future, at a rate of 2% of gross room rental revenue. The assessment is proposed to
be this percentage for the following reasons:
a. An assessment based on percentage is most fair to lodging establishments
because it will cost smaller, lower service level and perhaps more inexpensive
lodging businesses less money than it will cost larger, perhaps higher service
level and higher room rate lodging businesses.
b. Benefits received by the assessed lodging businesses are likely to be
proportional to their assessment, depending upon programs implemented.
c. An assessment based on percentage will result in revenues that rise and fall in
reflection of greater and lesser business in an overall up or down tourism
market and world economy.
d. An assessment based on percentage is direct, and easy to understand and
calculate.
Section 5. New hotels within the boundaries will not be exempt from the levy of
assessment pursuant to Section 36531.
Section 6. Except where funds are otherwise available, the lodging business
assessment will be levied annually to pay for all improvements and activities within the TTBID,
specifically lodging- related and visitor services. These include, but are not limited to, Web -site
construction and maintenance, including assessed hotels, providing visitor information to
promote mid -week and off - season overnight lodging; Management /Alliances /Board of Directors;
Research; Sales in Target Markets, and Administration & Personnel.
Section 7. The time and place for the public hearing on the proposed levy of
assessments is set for 7:30 p.m. on July 17, 2013, at the Town Council Chambers, 1505 Tiburon
Boulevard, Tiburon CA 94920.
Section 8. At the public hearing, the oral and written testimony of all interested
persons for or against the levy of the TTBID or the extent of the TTBID area, the types of
businesses to be assessed, or the furnishing of specified types of improvements or activities will
be heard.
Section 9. Any interested party may make a written or oral protest against the TTBID
Page 2 of 4
or any aspect of thereof. However, in determining whether there is a majority protest against the
TTBID, the Council will only count written protests from persons or entities that would be
subject to the proposed assessment. A written protest may be withdrawn in writing at any time
before the conclusion of the public hearing. Each written protest shall contain a written
description of the lodging business in which the person signing the protest in interested,
sufficient to identify the business and its address. If the person signing the protest is not shown
on the official records of the County of Marin or Town of Tiburon as the owner of the lodging
business, then the protest shall contain or be accompanied by written evidence that the person is
the owner of the business. Any written protest as to the regularity or evidence of the proceedings
shall be in writing and clearly state the irregularity or defect to which objection is made. Written
protests should be mailed to the Town Clerk, 1505 Tiburon Boulevard, Tiburon CA 94920.
Section 10. If, at the conclusion of the public hearing on July 17, 2013, there are of
record written protests by the owners of the lodging businesses within the TTBID that will pay
fifty percent (50 %) or more of the total assessments of the entire TTBID, no further proceedings
to levy the TTBID assessments shall occur. New proceedings to levy the TTBID assessments
shall not be undertaken again for a period of at least one (1) year from the date of the finding of
the majority written protest by the Tiburon Town Council. If the majority written protest is only
as to an improvement or activity proposed, then that type of improvement or activity shall not be
included in the TTBID.
If there are no written protests by fifty percent (50 %) or more of the owners of the
lodging businesses within the TTBID, the Council will introduce an ordinance to modify the
TTBID as recommended by the Advisory Board Report. The second public hearing of that
ordinance will be on August 7, 2013.
Section 11. Further information regarding the proposed Tiburon Tourism Business
Improvement District (TTBID) may be obtained from Margaret A. Curran, Town Manager, 1505
Tiburon Boulevard, Tiburon CA 94920, telephone (415) 435 -7373.
Section 12. The Tiburon Town Council supports the establishment of the TTBID
within the legal process set forth above.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on June 19, 2013, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
EMMETT O' DONNELL, MAYOR
TOWN OF TIBURON
Page 3 of 4
E �- '�
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Page 4 of 4
c jc