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Home My WebLink AboutTC Agenda 2018-03-21 TOWN OF TIBURON Tiburon Town Council Tiburon Town Hall March 21,2018 1505 Tiburon :Boulevard Amended Special Meeting Tiburon, CA 94920 6:15 p.m. TIBURON TOWN COUNCIL AGENDA AMENDED SPECIAL MEETING-6:15 p.m. CALL TO ORDER AND ROLL CALL Councilmember Fredericks,Councilmember Thier,Councilmember Welner,Vice Mayor Kulik,Mayor Fraser INTERVIEWS FOR VACANCIES ON TOWN BOARDS AND COMMISSIONS (Parks,Open Space and Trails Commission-1 vacancy) (Planning Commission-2 vacancies) • Peter Brooks • Kristina Wollan • Roy Crumrine • Valerie Montague • Kathleen Defever ADJOURNMENT-to regular meeting GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.townoftiburon.org. 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 S days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If. you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at,or prior to,the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. —� TOWN OF TIBURON Tiburon Town Council Tiburon Town Hall March 21, 2018 1505 Tiburon Boulevard Special Meeting-5:30 p.m. Tiburon, CA 94920 Regular Meeting-7:30 p.m. TIBURON TOWN COUNCIL AGENDA SPECIAL MEETING-5:30 p.m. CALL TO ORDER AND ROLL CALL Councilmember Fredericks,Councilmember Thier,Councilmember Weiner,Vice Mayor Kulik, Mayor Fraser CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION (Government Code Section 54956.9(d)(1)) County ofMarin vs.Martha Co.,et al.-United States District Court, Northern District of California-Case No. C06 0200 SBA CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Initiation of litigation pursuant to paragraph(4)of subdivision (d)of Section 54956.9: (1 potential case) INTERVIEWS FOR VACANCIES ON TOWN BOARDS AND COMMISSIONS (Parks,Open Space and Trails Commission-1 vacancy) (Planning Commission-2 vacancies) • Peter Brooks • Kristina Wollan • Roy Crumrine • Valerie Montague • Kathleen Defever ADJOURNMENT- to regularmeeting REGULAR MEETING-7:30 p.m. CALL_TO ORDER AND ROLL CALL Councilmember Fredericks,Councilmember Thier,Councilmember Welner,Vice Mayor Kulik,Mayor Fraser ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission,Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your continents to three (3)minutes. INTRODUCTION OF NEW TOWN STAFF • Ken Lehr,IT Coordinator RECOGNITION OF TOWN SERVICES • Dan Watrous,Planning Manager,21 years 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. CC-1. Town Council Minutes - Adopt minutes of March 2, 2018 special meeting (Town Clerk Stefani) CC-2. Town Council Minutes -Adopt minutes of March 7, 2018 special and regular meetings (Town Clerk Stefani) CC-3. Storm Drain Project Contract Award - Authorize Town Manager to execute contract for a portion of the Storm Drain Restoration Project (Department of Public Works) CC-4. Hawthorne Design Contract Award - Authorize Town Manager to execute contract with Harris and Associates for completing Plans and Specifications for Hawthorne Undergrounding project, and authorize related budget amendment (Department of Public Works) CC-5. Road Repair and Accountability Act (SB 1) Fluids - Approve allocation of SB 1 funds to fund resurfacing of certain roadways during undergrounding district construction (Department of Public Works) CC-6. Investment Summary - Adopt investment summary for month ending February 28, 2018 (Director of Administrative Services Bigall) CC-7. Construction Management - Award construction management contracts to GHD Inc. and authorize budget amendment of$175,000 (Department of Public Works) ACTION ITEMS AI-l. Reappointments/Appointments to Town Boards & Commissions - Consider reappointment of commissioners whose terms have expired or appointment of new members to boards commissions (Town Clerk Stefani) AI-2. Town Council Committee Assignments - Creation of and appointment to Technology ad hoc subcommittee(Town Clerk Stefani) AI-3. Town Manager Employment Agreement - Consider approval of amendment to Town Manager's Employment Agreement (Town Attorney Stock) AI-4. McKegney Green .Project - Discuss bids received on McKegney Green Restoration Project and provide staff direction on how to proceed(Department of Public Works) PUBLIC HEARINGS PH-l. Virginia Undergrounding District - Conduct public hearing, count ballots and consider. adoption of resolution confirming assessments or abandoning proceedings (Office of the Town Manager) PH-2. "Social Host"Ordinance-Consider amendments to the Tiburon Municipal Code to update the Town's existing regulations regarding parties or gatherings at which alcohol,marijuana, or other controlled substances are served to persons under 21 years of age - Introduction and first reading of ordinance TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests-March 2 &16, 2018 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to ToNvn Hall. Agendas and minutes are posted on the Town's website, www.town oftiburon.org. 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. REGEIVED FEB 13 2018 i, ,; T0\N N OF T 1 B UR ti TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLl A ' Iasi The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies.In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one(1)year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk AREAS OF INTEREST Indicate Your Area(s)of Interest inumerical Order (#I Being the Great nterest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY COMMISSION ON AGING AFFORDABLE HOUSING OTHER S:dcrane%mm.app NAME: MAILING ADDRESS: e7 UIA-__1 E-mail address(optional): oOS'��fz�1�,�►r_��" TELEPHONE: Home:q�2l 3166Work: 3~ 03,4ax No. PROPERTY OWNERS ASSOC. (if applicable) TIBURON RESIDENT: (Years) DATE SUBMI'I"I'ED: r x -------------------- --------------------------Town Hall Use------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 K0,I 571NA WO"�4 TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. . Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during theyear. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk AREAS OF INTEREST Indicate Your Area(s)of Interest in Numerical Order (#I Being the Greatest Interest) I PLANNING 6 PARKS, OPEN SPACE &TRAILS 3 DESIGN REVIEW 5 RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS 2 LIBRARY COMMISSION ON AGING 4 AFFORDABLE HOUSING OTHER S:dcrane%omm.app 1 PERSONAL DATA..: • , (PLEA E PRINT"OR=Z YPE A RESi7Zv]E MAY BE ATTACD AS;WELL) NAME. Kristina Wollan MAILING ADDRESS: 12 Apollo Road, Tiburon CA E-mail address (optional): kwollan(a-)-gmail.corn TELEPHONE: Home: 415-533-9859 Work: 415-395-4950 Fax No. PROPERTY OWNERS ASSOC. (If applicable) Belveron East Home Owners Association (Board member, Treasurer 5+ years) TIIIURON RESIDENT: Gears) 6'h years DATE SUBMITTED: 2/25/18 '' ,�, � I am interested in serving on the Planning Commission due to my deep real estate experience (both commercial and residential)which I believe is relevant to this commission's focus, and my strong desire to help maintain and enhance the wonderful and unique qualities that make Tiburon so special. Many of these qualities, which have inspired and drawn so many of us here to raise our families and make new connections, are affected and/or influenced by the Town's land use regulations. I spent a lot of time studying the Tiburon Zoning Ordinance when we rebuilt our home here about six years ago, and recently reviewed the General Plan including the Updated Housing Element, and I respect the ideas and vision contained therein. I believe in adhering to these guiding elements, and making common sense amendments if and when they are sensible, supported by a majority of the Town's residents and elected/appointed leaders, and aim to strengthen and create greater, healthier, and more fluid connections across our community. I've lived in the Bay Area nearly 20 years, and moved to Tiburon in 2011 with my husband and two daughters (now in 1St and 4th grade at Reed/Bel Aire). My professional life has been primarily focused on finance and commercial real estate, including 13 years at Jones Lang LaSalle, one of the world's largest commercial real estate firms. i am currently a Senior VP/Director at JLL advising real estate owners/investors such as pension funds, corporations, developers, operators and lenders on their real estate portfolios and strategy. During this time, I've dealt with a variety of land use and zoning issues between owners and Bay Area municipalities. I believe the unique combination of my professional background, my strong interest in the role played by city planning to shape and enhance our daily lives, my hands-on experience developing a home from the ground up in Tiburon, and my passion for real estate and smart design in general will help me provide a thoughtful perspective on the issues that the Planning Commission will face in the years ahead. I continue to serve on the board of my local homeowners association (5+years)with an eye toward improving our local neighborhood for its residents, and look forward to having a positive impact on our greater Tiburon community working alongside the Town Council via the Planning Commission. For more details on my work experience: https://www.linkedin,com/in/kristina-wollan/ ----------------------------------------------Town Hall Use------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 Kristina C. Wollan 12 Apollo Road,Tiburon, CA 94920 (415) 533-9859 I kwollan@gmail.com I www.linkedin.com/in/`kristina-wolIan SUMMARY Accomplished, results-oriented team leader with 16+years of capital markets and investment management experience with primary focus on executing sell-side transactions across industries including commercial real estate (office, retail and hotel), building products and materials,aerospace and defense,and consumer goods. Effective communicator adept at building authentic,lasting relationships with clients,partners,and management teams. Enthusiastic, creative problem-solver that thrives in fast-paced,deadline-driven environments where maintaining the big picture is as important as managing the details. PROFESSIONAL EXPERIENCE Jones Lang LaSalle, Inc.(JILL) 2015-present Senior Vice President,Director,Capital Markets(San Francisco) • Current responsibilities include:sourcing and executing on new business development initiatives;overseeing the deal pipeline and development of all marketing materials,offering memoranda and underwriting; collaborating with national marketing and PR team to drive global awareness of team's accomplishments; overseeing all operational elements of the Bay Area platform;and strategically growing the Bay Area Capital Markets team and platform. Also currently serve as the Director of Programming for the firm's Northwest Women's Business Network. Harris Williams&Co. 2004-2006 Senior Associate,M&A Advisory(San Francisco) • Managed all aspects of executing middle market sell-side transactions across multiple industries, including Aerospace/Defense, Building Products and Materials,Consumer Products,and Specialty Distribution.Sourced and pitched new business opportunities,performed due diligence,developed Confidential Information Memoranda,identified and marketed to potential corporate and private equity buyers,counseled management teams, evaluated offers,and negotiated purchase agreement terms and conditions.Completed over$240 million in transactions of both family-and private equity-owned businesses. Goldman Sachs&Co./Whitehall Funds 2003 Summer Associate,Real Estate Principal Investment Area(Dallas) • Focused on developing and structuring potential new operating partnerships, refinancing the debt on a 5-star beachfront resort in Mexico,and analyzing various acquisition/disposition opportunities across the Funds' $3 billion hospitality portfolio. Jones Lang LaSalle,Inc. 1992-2002 Vice President(San Francisco,Los Angeles,Chicago) • Managed and executed commercial real estate transactions valued at over$1.1 billion.Structured and negotiated deal terms and contract points, and consistently achieved premiums to asset valuations. Notable successes include the sale of Citicorp Center in San Francisco, U.S. Bank Centre in Seattle, Fox Plaza in Century City,and San Diego Tech Center. • Prepared client proposals,strategic plans, budget reviews and valuations for the firm's$1.6 billion retail portfolio. Developed and implemented short and long-term strategic plans for a 4.5-million square foot regional mall portfolio in the western U.S.;worked with city councils and planning commissions in securing redevelopment rights and tax incentives. Kristina C.Wollan Page 2 • Developed and managed long-term strategic alliances with clients,advising on all of their real estate occupancy needs. Key clients:Sybase, Inc. (2.4 million s.f.global real estate portfolio; managed 20+brokers globally working to dispose of 600,000 s.f.of space);and Cisco Systems(worked to dispose of one million s.f.of space in Silicon Valley;performed portfolio valuations and led weekly progress and strategy meetings). • Managed entire new business development process including strategic evaluation of projects and client requirements/expectations,writing and producing pitch books and presenting proposals to potential clients. • Recruited, managed and reviewed a team of associates and analysts in the execution of all projects including the strategic advisory;financing and disposition of assets. • Helped design and build Jones Lang LaSalle's proprietary 5,000+investor database. • Awarded Jones Lang LaSalle Club(awarded to worldwide top performers). EDUCATION University of California at Berkeley,Haas School of Business Berkeley,CA • Masters of Business Administration,2003. Team won first place in the University of Texas at Austin Real Estate Finance Challenge. Member of Berkeley Real Estate Club, Urban Land Institute, Haas Finance Club, Berkeley Entrepreneurs Forum, and Wine Club. Northwestern University Evanston,IL • Bachelor of Arts, 1992. Double major in Mathematical Methods in the Social Sciences(honors program)and Political Science. OTHER • Enjoy photography,running,skiing,travel,architecture and design,and spending time with family. • Board member(5 years)of Belveron East Homeowners Association. Active volunteer in the Reed School District. • During eight year break from my professional career to focus on family, acted as co-general contractor on the complete teardown and new construction of our single-family home in Tiburon (first time renovation project). Managed all aspects of the project, interfaced with Tiburon planning and building departments,and assuaged any/all neighborhood concerns before and during the process. Ru , V4 EF Fll'r D FI-D- J U L 2. 7 2017 TowN cLERIt TOWN of TIBUfON .instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and all informal interview will be scheduled when a vacancy occurs. Your application will remain oil file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk It 1: ( 8: I: * 4: * I, It * W 8t 4: $: $: * I: * It * It :;: 41 Y It v,: It * It * It It k AREAS OF INTEREST Please Indicate Your Area(s)of interest in Numerical Order (41 Being the Greatest Interest) PLANNING it PARKS & OPEN SPACE DESIGN REVIEW RECREATION �► HERITAGE & ARTS DISASTER PREPAREDNESS 'f 3 LIBRARY MARIN COMMISSION ON AGING it BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: troy Crumrine MAILING ADDRESS: 1/8 Stewart Drive TELEPHONE: Horne: Work: 279-6024 Fax No. 0 Here> PROPERTY OWNERS' ASSOC. (if applicable)we .live wttn.in rinuron xnoils TIBURON RESIDENT: (Years)24 DATE SUBMITTED: '/26/17 REASONS FOR SELEcrING YOUR AREAS OF INT'ERE'ST As a 24 year resident, and an avid reader of the Ark, I would like to contribute to Tiburon's future. My children are now 18, and 16, and I am at a point in my career where I have more. fr_ee time to devote to serving. APPLICABLE QUALIFICATIONS AND EXPERIENCE My first choice is the Planning Commission. At UC Berkeley, I got an A in Architecture and was strongly encourage by my Professor to pursue that Career. Instead, I went into Business, passing the CPA exam in College; and later becoming a CPA with Price Waterhouse (now PWC) . For fun, I got my real. estate license. This later came in handy when I worked for Syufy Enterprises, a major commerial. real estate developer. I 'm fluent in Spanish, and I 'm always striving for win-win situations; which I tope to bring to the Planning Conunission. Thank you. ----------------------------------------------Town Hall Use----------------------------- -------------------- Date Application Received: Inteiwiew Date: Appointed to: (Conunission,Board or Committee) (Date) Date Term Expires: Length of Term: 2 Tiburon Planning Commission Roy Crumrine Application Additional Information In addition to the information provided in my application and cover email, I'd like to mention the following: I actively follow via the ARK,the local events and issues related to the town. After we purchased our house on Stewart Drive in 1993, 1 spent many hours at the library reading all the issues of the ARK prior to October 1993 to get a better understanding of the community we decided to call home. I either bought or checked out all the Landmark Society books on the history of the Town, Belvedere,and the history of the Tiburon Peninsula. Not only has this historical knowledge made me feel more connected to our town; but, over the years, it has enabled me to share the history with the young Cub Scouts, Boy Scouts, and with newer residents of the community. Over the years, I have occasionally attended Council, Design Review Board,and Planning Commission meetings. Since I submitted my application for the Planning Commission in July, I would have liked to have attended a more recent Planning Commission meeting; but,as of today(September 91"),they have all been canceled. So,to bring myself more up to speed, I have also read the last 2 years of agendas and minutes. Throughout my career,currently Controllerfor Thunder(an advertising technology company), or my volunteer activities, I like to be prepared and ready to get to work. Hopefully, I won't have to use the skills; but,several years ago, I participated in one of the first CERTtraining classes held in town. Now that my Boys are older, I have more free time. Since the Town and Real Estate have always been strong interests of mine, I'd like to serve on the Planning Commission. As both a CPA and having previously earning a real estate license, I am familiar with both real estate and legal terminology,and codes and ordinances. I would like to think that my more than 30 years of business experience would help lead to positive outcomes,and hopefully win-win situations for all parties involved. Personally,from reading all the minutes, I like the fact that the Planning Commission has a hand in making decisions that impact the economic development of the town;on top of being involved with residential matters. Again, I think my business experience, from retail,to start-ups,to multinational corporations could be helpful to the commission. Thank you, Roy Crumrine Lea Stefani From: Roy Crumrine <racrumrine@yahoo.com> Sent: Thursday, November 09, 2017 11:27 AM To: Lea Stefani Subject: Re:Another Planning Commission Vacancy - More Info Lea: Hope all is well. Last night, I was able to attend the Planning Commission meeting. It was the first one held since July 12 (so during this application process I haven't had the opportunity to see a recent meeting until now). The meeting was lightly attended. As far as I know, no other potential candidate (such as Jeff Tsai)was there; just applicants, their supporters, and neighbors. It was helpful to see our Planning Commission in action, and to see how the Planning Staff prepares the background and recommendations on the meeting agenda items. I reviewed both Staff Reports before the meeting last night. I didn't plan on speaking; but, from my review of the Staff Report, and my knowledge of the Audubon Center operations, I felt I had to point out that there would be a lot more cars and traffic at the site when they run their camps. The applicants omitted this. After I made this comment, the Commissioners were able to speak with the applicant again, and they asked that more work be done to mitigate the traffic issues when there may be as many as 70 children on the site at one time (not just the 20 for the preschool). At the start of the meeting, Lou Weller was thanked for his years of service. It was specifically pointed out that due to him being a long time resident of the Town, he had a uncanny sense of what the Town's residents' position would be on various projects before the Commission. After thinking about it, I realized that long term residency can have a lot of value to the Commission. It was because my own children have attended the Audubon Camps and because I had been the in the building that they intend to lease to the preschool that I knew there were going to be a lot more children on the site than the Applicant originally implied. So, if I had a do-over interview with the Town Council, having attended a recent meeting, and seeing the value of long term Town knowledge, I would stress that more in my interview. Another thing that came up in my interview is whether or not I had read the General Plan. I had read it years ago; but, 1 didn't want to represent to the Council members that it was fresh on my mind. However, it seemed to be an important prerequisite that they were looking for in a candidate. So, if I had a do-over interview, I would tell them that I have completed rereading through all of the elements of the General Plan. And, I'd be prepared to answer questions about it. Please add these comments to my application package; and, if the Council requests, I'd be happy to do another interview with them. Regards, Roy From: Lea Stefani <Istefani(@townoftiburon.orq> To: Roy Crumrine <racrumrinepyahoo.com> Sent: Monday, October 16, 2017 10:35 AM Subject: RE: Another Planning Commission Vacancy VALE - E MAR 13 2018 TOWN CLERK TOWN OF TIBURON TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies.In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk AREAS OF INTEREST Indicate Your Area(s)of Interest in Numerical Order (#I Being the Greatest Interest) --V—/PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY COMMISSION ON AGING AFFORDABLE HOUSING OTHER S:dcrane%omm.app 1 -.. 'q { �- s. r t£l"`�n � s.. 6 A"WAflrzs. J r' t s li Fz��T�" Ss u� f t NAME: Valerie Montague MAILING ADDRESS: 662 Hilary Drive E-mail address (optional): nyullm@yahoo,com TELEPHONE: Home: (415)937-5238 work: Fax No. PROPERTY OWNERS ASSOC. (If applicable) TIPIIRON RESIDENT: (Years)20 DATE SUBMITTED:3/13/18 See attached letter See attached letter Hall Use------------ Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 Valerie Montague 662 Hilary Drive Tiburon CA 94920 Town of Tiburon Town Council 1505 Tiburon Blvd Tiburon CA 94920 Attention: Lea Stefani March 13, 2018 RE:Application for the Planning Commission Seat To Whom It May Concern, I am applying for a volunteer position on the Planning Commission. I am a 55 year old woman with experience and qualifications that will be of benefit to the Town. I have been admitted to the Bar for almost 30 years, practiced in law and international accounting firms,served as counsel at two major U.S. corporations,taught at graduate law and business programs at Bay Area universities,started my own non-profit organization to benefit children with special needs and their families,and now manage a portfolio of real estate and other investments as well as avidly practice my craft as an abstract landscape painter. In my life, I have owned homes across the country,travelled the world and held many positions which required me to listen to opposing points of view, analyze data, review compliance with technical aspects of the law and balance public and private interests,all of which will assist me in performing my duties as a member of the Planning Commission. I have a strong understanding of site plans, lot coverage rules,variances and other aspects of home ownership as I have owned, renovated, and managed numerous homes in upscale residential communities around the country. My husband and I have owned the house at 662 Hilary Drive in Tiburon for 20 years where we reside and have raised our 23 year old son,who has developmental disabilities. He teaches me daily to make every day a learning experience and to always keep an open mind. I have grown over the years to have greater respect for everyone I meet along the way and appreciate the uniqueness of every individual. As Tax Counsel at a Fortune 25 company, l analyzed complex transactions and created solutions after taking into consideration varying points of view while applying relevant aspects of the law. As Executive Director of a non-profit entity, I advocated for long term planning initiatives that included community improvement through the integration and inclusion of all types of people. In these roles and in others I have served, I have balanced individual interests against larger concerns to find the most appropriate solutions. I have found that being a fair minded and keen listener assists me whether I am instructing a person with special needs learn to play tennis or a room full of law students or executives. Each requires a sound understanding of the rules at play, consideration of different points of view,an ability to work as a team player and, perhaps most of all, employment of patience and perseverance. Based on these qualifications and experiences, 1 hope you will consider my application to join the Planning Commission of the Town of Tiburon. Respect lly submitted, Valerie Montague KAffiUE5t%A JE FOW, Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s)of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW # RECREATION # HERITAGE & ARTS # DISASTER PREPAREDNESS # LIBRARY # MARIN COMMISSION ON AGING # BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: Kathleen M. Defever MAILING ADDRESS: 1550G Tiburon Blvd#500 TELEPHONE: Home:312-286-1076 Work:855-366-1415 Fax No. 415-366-1415 PROPERTY OWNERS' ASSOC. (If applicable)Marinero TIBURON RESIDENT: (Years)5 DATE SUBMITTED:3/1/18 REASONS FOR SELECTING YOUR AREAS OF INTEREST See Attached Sheet. APPLICABLE QUALIFICATIONS AND EXPERIENCE See Attached Sheet. ----------------------------------------------Town Hall Use------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Commission,Board or Committee) (Date) Date Term Expires: Length of Term: 2 Kathleen M Defever-Application for Planning Commission 3 118 Reasons for selecting your area of interest: The Planning Commission is most interesting to me because I am a long-term, big picture thinker- hence, a natural planner. I enjoy exploring the many elements of a society or community and then finding solutions and strategies for improvement. Applicable Qualifications and Experience: I've been an insurance lawyer for 9 years (after a stint in Federal Criminal Defense). I am a plaintiff's lawyer, which means I help policyholders obtain their benefits from insurance companies. I handle both disability and property claims. My work requires great attention to detail, excellent listening skills, and the ability to both advocate for individuals who have been mistreated and understand the viewpoint of the other side.To reach settlements or successful jury verdicts, I need to understand not only my clients and their particular needs, but also the value placed on their claim by the community they reside in. These skills transfer very well to a role in civil government, where I will need to listen and understand citizens effectively, as well as work toward solutions which are net positive for the community as a whole. My expertise in Property Law will also be very useful for the Planning Commission. I am well-versed on the rights and regulations connected to property issues. KATHLEEN M. DEFEVER 1550G Tiburon Boulevard#500 e Tiburon,CA 94920 kathleendefever@yahoo.com e (312) 286-1076 EDUCATION/CERTIFICATIONS State Bar of California,Number 291085 California Department of Insurance Public Adjuster License,Number 2K46618 University of Connecticut College of Law,Hartford,CT Master of Laws in Insurance Law,Graduation May 2018 • Distance Learning Program-live,real-time interactive courses taught by esteemed lawyers and experts from all sectors of the insurance industry DePaul University College of Law,Chicago, IL Juris Doctor with Specialization in International and Comparative Law,July 2007 • Coach/Instructor for Kent College of Law Inter-American Court of Human Rights Moot Court Team (international writing and advocacy competition),2008 • Recipient of CALI award of excellence for Jessup International Moot Court(writing and advocacy competition),2006-2007 • Niagara International Moot Court Team Oralist,2005-2006 • DePaul College of Law Academic Scholarship,2003-2004 DePaul University College of Liberal Arts and Sciences,Chicago,IL Bachelor of Arts in International Studies,June 2003 • Student Leadership Institute;Michigan Competitive Scholarship EXPERIENCE Defever Law (Property and Disability Insurance Litigation),Tiburon,CA Principal Attorney, April 2013 -Present • Mediating and litigating insurance coverage claims (handling all stages of case development / litigation / court_ appearances ; depositions, etc.), both as a solo and as co-counsel with The Veer. Firm,Gumbiner&Williams,and Ribera Law Firm • Co-author of pending insurance/investment book,with best-selling author Mary Buffett • Author of blog"Mislnsured" at htW://www.misinsured.net/ The Greenspan Co./Adjusters International (Property Insurance),South San Francisco,CA Public Insurance Adjuster,July 2015-April 2017 • Advising homeowners on their insurance claims due to fire,flood, and collapse • Managing and advising on all aspects of property claims from beginning to end, including emergency services, personal property inventories, building structure repair/rebuild estimations, and the calculation of additional living expenses and/or business income Thomson Reuters/Findlaw.com (Law Publishers),Sunnyvale,CA Legal Content Writer(Contract), May 2014-August 2014 • Researching, editing, and writing informational legal content for the online presence of the largest legal resource in the world (links to samples provided below) Ray Bourhis Associates(Disability Insurance Litigation),San Francisco,CA Managing Attorney, May 2009- March 2013 • Successfully mediated several seven-figure cases as only co-chair to Ray Bourhis • Independently researched and authored all documents which left the office, including demand letters, meet and confer letters, mediation briefs, and all motions/filings submitted to Federal or State court (e.g. discovery documents, oppositions to motions for summary adjudication, oppositions to demurrers,motions to compel discovery) • Interacted daily with clients,mediators, and opposing counsel as their sole contact within firm • Single-handedly managed all law firm operations, including the hiring, training, and termination of legal assistants,clerks,and Mr. Bourhis' personal assistant • Directed the firm's successful marketing and client acquisition, resulting in an average of$3 million of attorney's fees per year Office of the Federal Public Defender(United States Federal Government,Criminal Law),Chicago,IL Legal Intern,January 2007-May 2008 • Researched federal case law and statutes, wrote legal memoranda, drafted motions, interviewed witnesses,and investigated evidence • Independently managed several investigations, including gathering factual information from investigators and clients in Federal correctional facilities • Participated in Federal Defender Trial Skills Program • Mentored by Terence MacCarthy, the nations first Federal Defender and noted cross-examination expert Elite Model Management,Chicago, IL Professional Fashion Model,1999-2003 • Modeled clothing,jewelry,and hair products in runway shows,print advertisements,and on television PUBLICATIONS • Warren Buffett Insurance/Investment book with New York Times Best-Selling Author Mary Buffett(forthcoming 2018) • Blog"MisInsured" at htt2://www.misinsured.net/ (2013-Present) • Numerous articles on Findlaw.com(samples: ERISA Preemption and HIPAA:The Health Insurance Portabiliq and Accountability Act) (2014) • Pamphlet"Advising Long Term Disability Insurance Policyholders Concerning Insurance Coverage and Bad Faith";second edition with co-author Ray Bourhis (2012) • Physician's Practice Articles on Disability Insurance (sample: Introduction to Disability Insurance: Why is it so important for an Ob/Gyn?) (2011-2012) SPEAKING ENGAGEMENTS/FILM • Presented "American Insurance Law:The Consumer Experience" to the University of Antwerp, Belgium law students and professors,April 24, 2017 • Selected as interviewer for upcoming documentary"A Wound in the Heart" ht!p://www.awoundintl-ieheart.com • Speaker and Contributor for upcoming Serbian meeting of the Association Internationale des Droit des Assurances (AIDA / International Insurance Law Association), April 2019 Other • Co-founder,with Angelo Servino,of successful Servino Opera Night in Tiburon,CA(2009) • Spanish,French,and Italian comprehension CC-1 ' TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 MEMORANDUM Date: March 6, 2018 To: Mayor and Members of the Town Council From: Lea Stefani, Town Clerk Subject: Summary of March 2, 2018 Council-Staff Retreat On March 2, 2018, the Town Council held a special meeting at The Ranch at Dairy Knoll for the purpose of its annual retreat with Town staff. At 8:30 a.m., Mayor Fraser called the meeting to order. Councilmembers Fredericks, Thier and Welner, Vice Mayor Kulik and Mayor Fraser were present. Staff members present were Town Manager Chanis, Town Attorney Stock, Director of Community Development Anderson, Director of Public Works/Town Engineer Barnes, Director of Administrative Services Bigall, Chief of Police Cronin, Planning Manager Watrous, Associate Engineer Lashkevich, Emergency Services Coordinator Nilsen and Town Clerk Stefani. Building Official Salzman and Management Analyst Creekmore arrived mid-morning. One member of the public (Deirdre McCrohan) attended, and was joined later by several members of the public. Mayor Fraser asked for oral communications. Lynn Fox expressed concern about fire mitigation on Town-owned open space land near her home. and suggested landscaping content coming from the Town be available in Spanish. Mayor Fraser and Town Manager Chanis reviewed the agenda. Chanis said the goal of the retreat was to review several open discussion topics in the morning, and to focus on capital project priority setting in the afternoon. He said each discussion item should be limited to approximately 30 minutes, and is a good forum for a brief discussion and direction to staff. He said last year's retreat had been in the same format and had resulted in several successful projects. The list of topics discussed, a brief summary and direction given is below: Emerl4ency Preparedness Laurie Nilsen, Emergency Services Coordinator_ discussed the various resources available on the Peninsula in case of an emergency. She explained the Town has an Emergency Operations Plan, which guides local emergency response, and a joint Emergency Operations Center at the Tiburon Police Department, shared with the City of Belvedere. She said the EOC operates as a central location to coordinate response to an emergence, has necessary supplies, and is due for a laptop \1:11:011 3.2hir C.Vit_ \n! Sr%d \_1 <L P;Ip.' ] of S upgrade this year to ensure better connectivity with the County of Marin and other agencies in the event of an emergency. She said there are first aid stations on the peninsula, stocked with supplies and agreements with doctors, nurses and local vendors and shelters to call upon if necessary. Nilsen said personnel is another great asset—two cities sharing the sane EOC is beneficial, and the Town can always call on reserve police, volunteer firefighters and mutual aid from other agencies. Nilsen said a frequently asked question in recent months is how the public will be notified if there is an emergency. She said there are six sirens on the peninsula that can be sounded to alert citizens to tune in to the local radio station, and AlertMarin can send out a mass-notification via text, landline, or email. Nilsen emphasized that if the recent earthquake in Alaska had triggered a tsunami warning in the San Francisco Bay, AlertMarin would have notified subscribers. Town Manager Chanis and Nilsen explained that all public employees are disaster service workers, and must be trained to understand that, in the event of an emergency, they will be working for a possibly unknown period of time. Nilsen said public employees are trained to work in the EOC, and there is an annual county-wide EOC exercise. She said there are also trainings available to the public. The Council expressed interest in leadership-specific training. Affordable Housing Director of Community Development Anderson said California is suffering a housing crisis — for both affordable units, and the overall supply of housing. He said not enough new units are being built across California, including in Tiburon. He said much of Tiburon is already built, and vacant lots are vanishing. Anderson said the State has passed many laws recently in response to the housing crisis — many of which undermine local control and require a streamlined review and/or approval of housing projects to meet a certain number of units. He said this is particularly troubling as most cities do not have ability to influence housing construction. He said one common solution has been the accessory dwelling unit, but this is not particularly popular in Tiburon. Furthermore, he said remaining undeveloped lots are not necessarily suitable for housing projects. He said the Town has money available to support affordable housing projects, but do not have any sites where the owners are willing to take on such a project. Anderson said removing obstacles for production of units is no longer enough to comply with new legislation; new units must be built. Anderson said another troubling matter is the attempts to tie unrelated funding, like street maintenance funds, to the production of housing; the end result being that cities that don't build affordable housing might lose some of those funds. Anderson said many Marin County cities are in the same situation as Tiburon. Town staff and the Council briefly discussed one promising multi-unit site near the Police Station and Corporation Yard, and the local school district's interest in the same site for their employees. The Council also discussed the potential impacts of upcoming legislation on the Town, and the concern of losing grant money fi-om the State of California over this matter. Councilmember Thier suggested educating Tiburon residents further on accessory dwelling units, and Director Anderson explained that while these units might not officially be designated as "affordable housing units", the Town is usually able to ascertain that the units are rented at an affordable rate, and it counts toward the Town's unit requirement. Richardson Bay Sanitation District Town Manager Chanis said the Richardson Bay Sanitation District property on Blackie's Pasture had been the subject of some discussion lately, and the question has been raised about the future of the property. Chanis explained the existing use of the property — he said it is a functioning sanitation district with offices, a pump station, and a corporation yard onsite, but no longer treats sewage at this facility. He pointed out the three ponds on their property were used for recycling water, and the Town is currently their only customer for recycled water. Chanis explained that the Town will likely stop purchasing recycled water from the district soon, and given that the Town is their only customer, there may be no need for them to maintain this part of their property. Chanis said the manager has expressed interest in working with the Town to determine the best future for this real estate. He said the sanitation district is its own government entity, so anything will have to be reviewed and approved through their board. Councilmember Fredericks inquired if there would ever be a need for the Town to use recycled water again, and wondered how the sanitation district board felt about this idea. Chanis said the board's specific thoughts are still unknown at this time, and it will be up to the district to decide what to do with this land when the district no longer has recycled water customers. Chams said the Town would gladly use recycled water, if it were cleaner. He said this water probably should not be used on public areas where children are playing and next to a playground. Councilmember Thier thought the potential of finding a public use for this land was an excellent opportunity for Tiburon residents that should be discussed soon. She said it is in an ideal location for recreational use, and would like the Council to study potential uses for this area, and see if the district board has any interest in moving forward with a proposal for acquisition of the land. Mayor Fraser said sone members of the Parks, Open Space and Trails Commission are also currently studying possible improvements in the Blackie's Pasture area. He said that group should be reporting their findings to the Council soon. He suggested linking the two initiatives together and discussing both at the same Council meeting, which would also allow for public input from the community on the big picture. Thier expressed concern about grouping a longer-term initiative of a larger scale with this short- term opportunity, and the Council agreed that it was important to consider the improvements of this area in a larger context. Mayor Fraser suggested Councilmember Thier continue to work with the Town Manager on specific discussions with the sanitation district, and recommended the Parks, Open Space and Trails Commission bring forward their findings or proposals to the Council as soon as possible. EV Charging Stations Director of Public Works/Town Engineer Barnes said the Town must now comply with ADA regulations when installing electric vehicle charging stations. He said staff had previously identified the Lyford parking lot to be the best public lot for a station, but with the new ADA compliance regulations, five existing parking spaces would be lost. He said staff did not recommend proceeding with that location for that reason. Barnes and the Council had a brief discussion about the rates charged at the stations, and Barnes concluded the Town would not likely recoup its costs. The Council discussed potential locations for charging stations. Planning Manager Watrous said the owner of a private lot downtown will be installing a station, and Councilmember Thier wondered if a charging station closer to the 101 freeway would be more useful. Building Official Salzman suggested asking Tesla to install a charging station. Staff and the Council discussed the merits of this suggestion. Councilmember Welner wondered if the demand for a charging station was high at that specific lot — he supposed Tiburon residents charged their vehicles at their homes, and visitors would not likely visit that lot to charge. Barnes said staff had looked at a number of locations in Town for a charging station, and explained the complications. He said it is difficult to put a charger curbside due to the ADA regulations, lack of curbside space, and the fact that electric vehicles have a variety of different plug in locations on the actual vehicle. Barnes explained another obstacle is to find an private parking lot owner willing to install a station. He said one owner is planning to install a station, but staff would have to work with the others to see if they are agreeable to installation at perhaps more advantageous locations. Councilmember Thier suggested asking the library to install charging stations during their expansion. Chanis agreed, and said they are just beginning design development. Mayor Fraser asked how other cities are approaching this issue. Barnes said other entities have built them into their own facilities, and the City of San Rafael has installed them in their paid parking garage and charges users. He said charging stations can also end up in developments \11Ri I, �,:'i�l- C�C�1 �: IL �i �: ��1 fR1 :-\1�SL\i\1;1R1' R" ( 10 S (like shopping centers) because the municipality required them as a condition of approval, but they often go unused. Welner suggested doing some market research to determine where the charging stations would be most useful and needed. Chanis said the most likely successful scenario of EV charging station installation would be for staff to work with the private landowners to see if there is a way that they will locate them in their paid lots. Mayor Fraser suggested Town staff continue to work with private property owners to see if there can be an agreement, and report back to the Council at a later date. Library Expansion Town Manager Chanis said the library expansion project is moving into a different phase. He said the Library Foundation is acting as the fundraising arm of the library for this project, and they have recently obtained a bridge loan. He said they can now begin the design development phase of the project. He showed an architectural rendering of what the library could look like after completion of the expansion. Director of Community Development Anderson summarized that there will be a significant change to the Mar West intersection, as the parking lot would be accessed from Mar West Street as opposed to Tiburon Boulevard. He also noted the library will need to secure a flood zone variance from the Town Council to build their proposed project, as the FEMA flood maps changed after project approval. He said another outstanding issue is a permit from CalTrans to reconfigure Tiburon Boulevard in front of Town Hall and the library and extend the left turn pocket on Tiburon Boulevard for cars headed to Mar West Street. Anderson said staff is in frequent communication with the library project manager as the project moves forward. Councilmember Thier wondered if the library had asked for a monetary contribution from the Town. Chanis explained that while there has been no official request for a monetary contribution, he anticipates the library will soon make a request due to the creation of a `civic center'-like improvement to the area between Town Hall and the library. Chanis added that construction is anticipated to begin in about one year. Technology Town Manager Chanis said the Town has implemented and is actively integrating several new software programs in use day-to-day at Town Hall, including Trak-it for building and planning permit tracking, Facility Dude for Public Works daily task management, Granicus for public meeting management. and a new financial management software. Chanis and the Council discussed Granicus' capability to video stream meetings. Chanis explained the Town would need to install cameras and other hardware, and the Council thought \IT RUT I�EFA T St'\i\9:Af21 _.__ — Rt"(, 5 of this would be a great addition to the Town's public meetings. Chanis also explained the Council could consider implementing OpenGov, a financial transparency tool now utilized by local governments for budgeting purposes. He said staff could return to the Council at a later meeting with a demonstration. Councilmember Weiner reiterating the benefits of adding video to public meetings, and suggested staff and the Council decide if other boards and commissions should be video streamed as well. He also suggested adding board and commission member biographies and photos to the Town's website for the public's benefit. Weiner said there are several other improvements that could be made to the Town's website for the public's benefit—he said some people have had difficulty finding agendas, and it would also be beneficial to make some of the building permit process online. Weiner also believed it was important to follow best legal practices and for the Council to utilize Town-owned email addresses for official business. He said the one major obstacle for successful implementation of this would be the limitations of the current webmail platform. He suggested forming a technology ad-hoc subcommittee to study these issues and general technology usage. Traffic on Tiburon Boulevard Director of Public Works/Town Engineer Barnes informed the Council that several local crossing guards may be lost due to lack of funding, and showed a chart outlining the results of a risk study to determine which lower-risk intersections will lose the crossing guards. The Council discussed the importance of having crossing guards near schools, even if those intersections did not score high for risk in the study. Councilmember Thier emphasized the importance of teaching kids to cross roads safely, and Mayor Fraser suggested involving the Reed Union School district leadership in the conversation. Chief of Police Cronin pointed out that the intersection at Blackfield Drive and Tiburon Boulevard may also lose their crossing guard. He said that while this is a controlled intersection, there is still a perception that it is unsafe. Chanis added that no changes will be made this calendar year, and depending on funding, the Town may still have the same number of crossing guards, but at different intersections as a result of the study. Chanis clarified that the Town could move the crossing guards, and Director Barnes said the Transportation Authority of Marin will ask the Council to understand that an official traffic study has determined which intersections should have crossing guards, and the Council is choosing to move them. Mayor Fraser said the Council needs to figure out a way to cover intersections that aren't covered. Vice Mayor Kulik asked if the data was only specific to young children. Director Barnes confirmed the study only counted children between ages 5-14. ,t M- lL I,\[ I- RI IR]\tSt-VIN,"ARY 6 o On another note, Chief Cronin spoke briefly to traffic light signal timing on Tiburon Boulevard. He said changing the signal timing cannot be done on Tiburon Boulevard because the gaps between the lights are too far apart. He said staff has successfully gotten CalTrans to steadily extend and shorten times for cars coming off of the side streets, which has generally added some improvement to the traffic. Speeding in Neighborhoods Town Manager Chanis said staff receives regular complaints from residents that cars and speeding in their neighborhoods. Director of Public Works/Town Engineer Barnes said staff has been putting up speed signals in these neighborhoods to collect speed data. He said the data shows the average car is going the posted speed limit, but some cars are going a little faster. Barnes explained that the results of a traffic study would not likely lower the posted speed limit, but could raise it, which is not the solution Tiburon residents are looking for to feel safer. Barnes said residents often ask for speed bumps or speed dots, but ultimately neither are solutions for Tiburon. He said speed dots are loud and do not effectively reduce speed, and speed bumps are difficult to install due to the basic regulations of where they are permitted. Barnes said he has also received requests for adding in stop signs. He said if a stop sign is unwarranted in a specific location, drivers will tend to not stop at the sign. Chief Cronin said the data shows that most drivers are not actually violating the posted speed limit, and residents likely feel unsafe next to cars driving at that speed on a narrow road with no sidewalk. He explained that the only way to lower the speed limit on the roads with the most complaints is to conduct a speed study by a traffic engineer, and if the traffic engineer's results are to instead raise the speed limit, the Town will have no choice but to raise the speed limit. He said the only way to lower a speed limit is for the drivers to actually drive slower on the street. Cronin said the only solution is increased enforcement, but it is difficult to place a police car on some of the small streets to do effective enforcement. He said the police department is also not staffed for sustained periods of enforcement. Mayor Fraser suggested an increase in visibility of police on some of these problem streets. Cronin agreed, and said the police strategically place themselves at various parts of Town in between calls. He said a police presence helps residents feel safer. Capital Improvement Program and Review of Budget Reserves Town Manager Chanis offered a broad view of large upcoming projects in Town. He said the Town is at a high peak of projects over the next several years, including: storm drain pipe repairs, McKegney Green, the Streets Overlay Project, Rule 20A undergrounding along Tiburon Boulevard, solar on the police station, the Hawthorne and Virginia Undergrounding Districts, Beach Road drainage, and the ferry dock pile repair. \L;�,,, . '()l-'Col Xcii SRI I I StNm;a[.), I'auu7A A discussion of the impact of the Hawthorne Undergrounding District construction followed. Town Attorney Stock advised that building permits in this area could not be limited during the undergrounding construction, and Director of Public Works/Town Engineer Barnes said certain conditions to building permits will be needed, like limiting parking or debris containers, to give the contractor room to work and access to the road. Chanis then summarized the Town's overall financial strategy and reviewed various figures of the budget reserves maintained by the Town, and the reserves the Town uses to fund capital projects like these. He also summarized the various policy-directed, discretionary set-asides, unallocated and restricted funds the Town maintains. Capital Project Priority Setting Town Manager Chanis gave an overview of the capital project priority setting process, and showed a list of 31 projects in the current portfolio. LIe said the 31 projects were ranked by staff members in different departments, and explained the projects were weighted differently, with the heaviest weight given to those projects that reduced health and safety threats, those required by legal mandate and the cost of deferred maintenance. Chanis said the results of the ranking exercise resulted in a three-tiered (not individually ranked) project list that guides the Council and staff in future budgeting decisions. He said another useful tool in the priority setting process is the individual project data sheet made for each capital project. He said each sheet now includes an indicator for if the project will be impacted by sea level rise. Chanis and Director Bigall explained that the best time for the Council to make comments or changes to the portfolio and rankings is during the annual budget process, when the Capital hnprovement Program is presented in depth to the budget committee. Mayor Fraser suggested that, given three new council members, staff bring the CIP back to the Council as an individual item for a more robust review as part of the budget process. The meeting adjourned at 2:00 p.m. JIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK ,IAC I13,2017Cou\Cu_ SI \I FRl fSL:A1izl So{ S CC 22 TOWN COUNCIL SPECIAL & REGULAR MEETING DRAFT MINUTES SPECIAL MEETING—6:00 P.M. F� n March 7, 2018, the ouncil held a special meeting as follows: CALL TO ORDER AND ROLL CALL Councilmcmber Fredericks, Councilmember Thier, Councilmember Welner, Vice Mayor Kulik, Mayor Fraser CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPIATED LITIGATION Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Section 54956.9: (2 potential cases) 2. Public Employee Performance Review: Government Code Section 54957 Title: Town Manager 3. Conference with Labor Negotiators: Government Code Section 54957 Agency designated representative: Mayor Fraser Unrepresented Employee: Town Manager ADJOURNMENT* —to regular meeting 'Prior to the Regular Meeting, the Town Council sat for a group photograph REGULAR MEETING —7:30 P.M. Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:35 p.m. on Wednesday.. March 7. 2018, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Welner ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock, Director of Community Development Anderson, Town Clerk Stefani ORAL COMMUNICATIONS Town Council Minutes 906-2018 DRAFT March 7, 2018 Page I There were none. CONSENT CALENDAR CC-1. Town Council Minutes — Adopt minutes of February 7, 2018 special and regular meetings (Town Clerk Stefani) CC-2. Town Council Minutes—Adopt minutes of February 21, 2018 regular meeting(Town Clerk Stefani) CC-3. CalRecycle — Adopt resolution authorizing grant application (Department of Public Works) CC-4. 2018 Various Streets Overlay Project — Award contract to Ghilotti Bros., Inc. and authorize a budget amendment in the amount of$1,250,363.00 (Department of Public Works) CC-5. Investment Summary—Adopt investment summary for month ending January 31,2018 (Director of Administrative Services Bigall MOTION: To adopt Consent Calendar Item Nos. 1-5, as written. Moved: Fredericks, seconded by Kulik VOTE: AYES: Unanimous ACTION ITEMS AI-1. Annual General Plan Status Report— Consider acceptance of Annual General Plan Implementation Status Report (Community Development Department) Director of Community Development Anderson said this annual report is a requirement of state law, and is meant to update the Council of the past year's progress on implementation of programs set forth in the General Plan. Anderson said the General Plan is nearing the end of its lifetime and will need a comprehensive update in the next several years. He said the Town sets aside funds for that update every year, and staff anticipates there will be sufficient funds for that project when the time comes. Anderson summarized the status report, as follows: Land Use Element: new subdivision ordinance adopted, updated digital maps, website updates, Rule 20A undergrounding progress Open Space and Conservation Element: improved open space and fire management, enhanced energy savings efforts Toinn Councr!Minutes #06-2018 DRAFT March 7, 2018 Page 2 Circulation Element: improved traffic mitigation efforts, ferry commuter runs assumed by Golden Gate Ferry, downtown parking amendments, downtown farmer's market Parks and Recreation Element: McKegney Green Field Improvements project will soon be under construction ➢ Housing Element: 7 vacant lots were developed into single family units,efforts to encourage more robust housing projects have not been largely successful Mayor Fraser suggested updating the Downtown Element section to include a Mar West roundabout rather than a Mar West traffic signal,as has been previously discussed. Anderson added that change was clearly noted in the 2016 Circulation Element update. Mayor Fraser opened the floor for public comment. There was none. MOTION: To accept the Annual General Plan Implementation Status Report for 2017. Moved: Thier, seconded by Fredericks VOTE: AYES: Unanimous AI-2. Rule 20A Credits — Consider authorizing Town Manager to execute agreement to purchase Rule 20A credits from County of Trinity (Office of the Town Manager) Town Manager Chanis said the Council had previously authorized staff to negotiate with other jurisdictions to purchase their Rule 20A credits at an advantageous rate to complete a priority undergrounding project along Tiburon Boulevard, between Lyford and Ned's Way. He said the Council authorized an agreement to purchase Rule 20A credits from the City of Rocklin at their most recent meeting, and tonight, staff is returning to the Council with another proposed agreement to purchase credits from the County of Trinity for the same project. He said tonight's proposed agreement is to purchase$700,000 worth of credits at$0.50/credit,with the option to purchase an additional $345,000 worth of credits, also at $0.50/credit. He said the option to purchase additional credits would expire on June 30, 2019. Chanis concluded his report by discussing the overall financing of the project across several different cost scenarios, and the purchase of credits from the different entities. Councilmember Fredericks asked if there will be enough time to determine the final cost of the project before the agreement to purchase more credits, if necessary, expires. Chanis clarified that there will be plenty of time to exercise that portion of the agreement, as staff anticipates beginning construction on the project this summer. Councilmennber Thier and Chanis then discussed the merits of purchasing even more credits than needed for future projects at a discounted rate. Thier believed the Council should consider this possibility in greater detail if it would allow the Town to continue doing projects at a lesser cost. Chanis further clarified that if the Town were to acquire a bank of Rule 20A credits,the Town could Tovnn Council Minutes #06-2018 DRAFT March 7, 2018 Page 3 sell them to other entities. He said this is allowable under the existing Rule 20A program, but may not be permissible in the future. Councilmember Welner said another factor to consider is that while theTown may be purchasing the credits at a discount, paying for a project with credits is "more expensive"than paying for it with cash. Vice Mayor Kulik inquired about the expiration of acquired credits, and how long it would take to acquire additional credits if the cost for this project exceeds the estimate. Chanis said the credits will not expire, and additional credits can be acquired relatively quickly for a similar discounted price. Mayor Fraser opened the floor for public comment. There was none. MOTION: Adopt resolution and authorize the Town Manager to execute Memorandum of Understanding with the County of Trinity to purchase Rule 20A credits. Moved: Thier, seconded by Welner VOTE: AYES: Unanimous AI-3. Chandler's Gate Public Utility Easement(PUE)—Consider acceptance of public use of an easement for public utility purposes over a portion of Chandler's Gate property on Ned's Way (Office of the Town Manager) Town Manager Chanis said a number of easements are necessary to construct the Tiburon Boulevard Rule 20A undergrounding project between Lyford and Ned's Way, including an easement on the Chandler's Gate property. He said there is an existing Public Utility Easement that the Town did not accept when it was originally dedicated in 2000. Chanis said there is now a need to accept the dedication of the easement for completion of this project. Mayor Fraser opened the floor for public comment. There was none. MOTION: Adopt the Resolution accepting dedication of Public Utility Easement over a portion of property located at 2-98 Ned's Way (Chandler's Gate). Moved: Fredericks, seconded by Thier VOTE: AYES: Unanimous TOWN COUNCIL REPORTS There were none. TOWN MANAGER REPORT There was none. WEEKLY DIGESTS Totim Council Minutes 906-2018 DRAFT March 7, 2018 Page 4 Received. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 8:05 p.m. JIM FRASER, MAYOR ATTEST: LEA STEFANI, TOWN CLERK Town Council Minutes 406-2018 DRAFT March 7, 2018 Page 5 R� R TOWN OF TIBURON Town Council Meeting March 21, 2018 1505 Tiburon Boulevard Tiburon,CA 94920 Agenda Item: CCSTAFF _z REPORT l To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Award the 2018 Storm Drain Rehabilitation Project to Miksis Services Reviewed By: Greg Chanis,Town Manager y BACKGROUND The 2018 Storm Drain Rehabilitation Project repairs corrugated metal pipes that are deteriorated and have holes in them. The Project was included in the 2017/18 Capital Improvement Plan and was funded,based on a preliminary estimate,for$1.1 million. This budget assumed the lines would all need to be replaced rather than lined. As design progressed, we determined a majority of the lines were suitable candidates for lining, reducing the cost of the project. The project was split into three parts as the design progressed. This was due to permit restrictions and receiving no responsive bidders on the first bid attempt. The three parts are: 1. Pipe lining with permit requirements by regulators. The permit requirements virtually guarantee a sole source contract in this area. 2. Pipe lining without permit requirements. 3. Civil work replacing pipes. The subject of this award is the first project, pipe lining with permit requirements. As anticipated, the Town received one bid from Miksis Services in the amount of $66,630. The engineer's estimate was $64,000. The bid is 4% above engineer's estimate. ANALYSIS Miksis Services was deemed to be a responsive and responsible bidder. Staff anticipated only one bid for this contract. This is due to regulatory requirements that essentially dictated a folded PVC liner. Miksis Services is the only company in this area that installs this type of liner. The Town has worked with Miksis Services on previous projects and has been happy with their work. FINANCIAL IMPACT The Annual Drainage Improvements Project in the 2017/18 CIP was funded at $1.1 million, with $990,000 remaining after design. Many pipes, including those in this contract were able to be TowToWN or=TiBURON PAGEJL of 2 Town t o llc:il me ct:i#i„ 1'l sa rc is 21,21017 lined saving a considerable amount of money. The combined construction estimate for all three contracts in this project is $600,000. RECOMMENDATION 1. Allow the Town Manager to approve the award of contract for the 2018 Storm Drain Rehabilitation Project to Miksis Services for$66,630. 2. Allow the Town Manager the flexibility to increase the design contract by 15% ($10,000) as a contingency to cover any design or construction issues that are not now readily apparent. Prepared by: Patrick Barnes,Town Engineer TOWN OF T BURG dAG '2 OF 2 ' TOWN OF TIBURON Town Council Special Meeting March 21, 2018 1505 Tiburon Boulevard da Item: Agenda Tiburon,CA 94920 g CC-14 STAFF REPORT To: Mayor and Members of Town Council From: Department of Public Works Subject: Awof Design Contract for Hawthorne Undergrounding District to Harris s dates Reviewed By: BACKGROUND In 2016,property owners on portions of Rock Hill Drive, Hawthorne Drive, Hilary Drive, Hilary Court, Mira Vista Court, Del Mar Drive, Palmer Court and Tiburon Boulevard submitted petitions to form a utility undergrounding district (The District). On January 4, 2017, the Town Council unanimously passed Resolution No. 01-2017 which indicated the Town's intent to form The District. On November 29, 2017, the Town Council adopted Resolution No. 35-2017, which approved the Preliminary Engineer's Report and fixed February 7, 2018 at 6:00 p.m. at Town Hall as the time and place of hearing protests and objections to The District as proposed and count the ballots for and against the proposed assessments to be levied. On February 7, 2018, Town Council held a public hearing on the proposed undergrounding district. After the public hearing ballots were tabulated. There being no majority protest, Council adopted Council Resolution No. 04-2018 confirming assessments. The next step is for the Town to award a contract to complete the design of the undergrounding proj ect. Town policy provides that"For those streets which are identified in the Town's Pavement Management Program for pavement rehabilitation within five (5) years of district ballot approval, the Town will fund the incremental cost between trench patching and a full overlay of the street." Hawthorne Drive and a portion of Rock Hill Drive were scheduled for overlay in 2015, prior to receiving petitions for the undergrounding district. That project was put on hold pending the undergrounding. Town policy also states that"Town-maintained streets with a Pavement Condition Index (PCI) of 70 or greater will receive a slurry seal fully funded by the Town." The remainder of the roads in The District meet this condition. 1,-P() 'Fowil Cou)-' it �Cectin�7 March 21,2018 Staff has received two proposals from Harris & Associates, one for the design of the undergrounding and a separate proposal for the additional overlay and slurry seal work. ANALYSIS The proposal from Harris for the design of the undergrounding district has a proposed cost of $427,476. The Town Council has agreed to pay for the cost of this design from a maximum contribution amount of$500,000 toward the project. This will pay for the design by Harris and fund any costs from PG&E. The Town has paid an initial deposit of$20,000 to PG&E but PG&E can ask for additional funds if needed. The proposal from Harris for the design of the paving undergrounding district has a proposed cost of$46,220. This would be paid from Road Impact Fees. The schedule for this design work is shown in table 1 below. Table 1 - Hawthorne Undergrounding Design Schedule Milestone Due date Notice to Proceed with Design March 22, 2018 65% Design June 7, 2018 Prepare Individual Plats and Coordinate with Property Owners August 2, 2018 95% Submittal October 11, 2018 Form B completed January 17, 2019 Final submittal February 28, 2019 Prepare Right-of-Way Acquisition Documents Aril 25, 2019 Out for bid Aril 25, 2019 Bid opening May 30, 2019 Harris &Associates has a Master Agreement with the Town that covers the terms of the contract, therefore this work will be awarded using a two separate task orders. RECOMMENDATION Staff recommends that the Town Council: 1. Authorize a budget amendment of$500,000 for the Hawthorne Utility Undergrounding project from Unallocated General Fund Reserves. 2. Authorize the Town Manager to award a design contract for the Hawthorne Utility Undergrounding project to Harris &Associates in the amount of$427,476.00. 3. Authorize a budget amendment for the Hawthorne Utility Undergrounding Resurfacing project to Harris & Associates in the amount of$46,220 with funds to come from the Streets Impact Fund. 4. Authorize the Town Manager to award a design contract for the Hawthorne Utility Undergrounding Resurfacing project to Harris & Associates in the amount of$46,220. Prepared By: Patrick Barnes,Town Engineer r TOWN OF TIBURON Town Council Meeting •� 1505 Tiburon Boulevard March 21,2018 c r .. 1 Tiburon, CA 94920 Ade CC- 5 STAFF PO . To: Mayor and Members of the Town Council From: Dmitriy Lashkevich, Department of Public Works Subject: Allocating Road Repair and Accountability Act Funds to Pave Roadways Reviewed By: BACKGROUND Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017. It provides additional funds for roadway maintenance. In the upcoming fiscal year, the predicted revenue to the Town is estimated at $177,439 for FY 2018-19. These funds are anticipated to be allocated by the State in equal monthly payments. One of the reporting requirements is for the Town Council to pass and adopt a Resolution on a recurring annual basis that allocated expenditure of the received funds to specific projects. Last year the Town Council passed and adopted Resolution No. 29-2017 (Exhibit 1) amending the 2017-18 fiscal year budget to include an additional $53,693 in State Road Maintenance and Rehabilitation Account revenues for funding a portion of the 2018 Various Streets Project. Staff was instructed to submit a new resolution for the upcoming fiscal year with an updated list of projects for which SBI funding will be allocated. The resolution is enclosed as Exhibit 2. ANALYSIS The actual amount of funding to be received is uncertain and depends on constantly changing factors such as the price of gasoline and the quantities purchased by the public. All of the received SB 1 funding will be allocated towards the resurfacing of Hawthorne Drive and Rock Hill that is anticipated to occur during the Hawthorne Undergrounding in the summer of 2019. RECOMMENDATION Staff recommends that Town Council approve the attached resolution to save all SB 1 funds, estimated at $177,439, fiscal year 2018-2019 and allocate in the Capital Improvement Plan budget of fiscal year 2019-20 to fund construction of the Hawthorne Undergrounding Project. Exhibits: Exhibit 1:Passed and adopted resolution authorizing RMRA expenditures. Exhibit 2: Draft Resolution allocating and authorizing the RMRA funding expenditures. Prepared By: Dmitriy Lashkevich, Associate Engineer TOWN OF TIBURON PAGE 1 OF 1 EXHIBIT NO. I RESOLUTION NO. 29-2017 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APROPRIATING ROAD REPAIR AND ACCOUNTABILITY ACT FUNDING AND AMMENDING THE 2017-18 BUDGET TO INCORPORATE A LIST OF PROJECTS FUNDED BYSB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1),the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year•, and WHEREAS,the Town must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account(RMRA), created by SB 1,in the Town budget,which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS,the Town will receive an estimated $53,693 in RMRA funding in Fiscal Year 2017-18 from SB 1; and WHEREAS,the Town Council considered the 2018 Various Streets Paving Project in Public Meetings on July 5, 2017 and August 6,2017; and WHEREAS, the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS,the funding from SB 1 will help the Town overlay the Las Lomas Lane road segment in Tiburon this year and similar projects into the future; and WHEREAS,the 2016 California Statewide Local Streets and Roads Needs Assessment found that the Town's streets and roads are in"good"condition and this revenue will help us increase the overall duality of our road system over the next decade; and WHEREAS,without revenue from SB 1,the Town will have a decreased ability to undertake currently planned pavement repair projects; and WHEREAS,the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. Page 1 of 2 Town Council Resolution No. 29-2017 101412017 NOW,THEREFORE IT IS HEREBY RESOLVED,ORDERED AND FOUND by the Town Council of the Town of Tiburon, State of California, as follows: 1. The foregoing recitals are true and correct. 2. The Capital Improvement Plan budget for fiscal year 2017-18 is amended to incorporate the Las Lomas portion of the 2018 Various Streets Overlay project planned to be fiinded with Road Maintenance and Rehabilitation Account revenues: The 2018 Various Streets Overlay Las Lomas project is to be constructed in 2018 with a useful life of 20 years including the following roadway segments: Street Name From To PCI LAS LOMAS LANE MAR WEST END 12 3.The Capital Improvement Plan budget for fiscal year 2017-18 is amended as follows: Amend the Capital Improvement Plan to include an additional$53,693 in State Road Maintenance and Rehabilitation Account revenues for funding a portion of the 2018 Various Streets Project. PASSED AND ADOPTED by the Town Council of the Town of Tiburon, State of California this 4"'day of October, 2017, by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks,Kulik, O'Donnell, Thier NAYS: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JIM FRASER,MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI,TOWN CLERK Page 2 of 2 Town Council Resolution No. 29-2017 101412017 EXHIBIT NO. RESOLUTION NO. XX-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APROPRIATING ROAD REPAIR AND ACCOUNTABILITY ACT FUNDING AND INCLUDING IN THE 2018-19 BUDGET TO INCORPORATE A LIST OF PROJECTS FUNDED BY SB l: THE ROAD REPAIR AND ACCOUNTABILITY ACT WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our Town are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the Town must include a list of all projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, in the Town budget, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and WHEREAS, the Town will receive an estimated $177,439 in RMRA funding in Fiscal Year 2018-19 from SB 1. WHEREAS, the Town is anticipating to construct the Hawthorne Undergrounding Project in the 2019-20 fiscal year. WHEREAS,the Town used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS,the funding from SB 1 will help the Town resurface Hawthorne Drive, Rock Hill Drive and similar projects into the future; and WHEREAS,the 2016 California Statewide Local Streets and Roads Needs Assessment found that the Town's streets and roads are in"good" condition and this revenue will help us increase the overall quality of our road system over the next decade; and WHEREAS, without revenue from SB 1, the Town will have a decreased ability to undertake currently planned pavement repair projects; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide. Page 1 of 2 Town Council Resolution No. xx-2018 DRAFT 3/21/2018 NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the Town Council of the Town of Tiburon, State of California, as follows: 1. The foregoing recitals are true and correct. 2. Funding received from the SB 1 RMRA Program shall be saved in the fiscal year 2018- 2019 and shall be incorporated in the Capital Improvement Plan budget of fiscal year 2019-2020 for the Hawthorne Undergrounding Project. The Hawthorne Undergrounding Project is anticipated to be constructed in the Summer of 2019 with a useful pavement life of 20 years. Street Name From To PCI Hawthorne Drive EAST END ROCK HILL 46 Hawthorne Drive ROCK HILL WEST END 23 Rock Hill TIBURON BLVD DEL MAR 35 Rock Hill DEL MAR CUL DE SAC 77 PASSED AND ADOPTED by the Town Council of the Town of Tiburon, State of California this 21s'day of March, 2018, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Page 2 of 2 Town Council Resolution No. xx-2018 DRAFT 3/21/2018 TOWN OF TIBURON Town Council Meeting March 21, 2018 1505 Tiburon Boulevard AQcnda ltcnl: CC- Tiburon, CA 94920STA b �D iREPORT- To: PO .To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Investment Summary—February 2018 Reviewed By: BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended February 28, 2018. ANALYSIS February 2018 Agency Interest Investment Amount Rate Maturity Town of Tiburon Local Agency Investment 24,310,793.02 1.412% Liquid Fund (LAIF) Money Market(Bank of $ 100,000.00 0.15% Liquid Marin) Total $24,410,793.02 The total invested at the end of the prior month was $21,535,793.02, therefore; the Town's investments decreased by $125,000 from January 2018. FINANCIAL IMPACT No financial impact occurs by accepting this report. The Town continues to meet the priority principles of investing-- safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for February 2018 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON Town Council Meeting March 21,2018 1505 Tiburon Boulevard Tiburon, CA 94920 Agenda Item: C C STAFF PO . To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Award Construction Management Contracts to GHD In . fpr the 2018 Paving Project and Storm Drain Project Reviewed By: l� BACKGROUND The Town will construct two major projects this summer: • 2018 Various Streets project—This project will pave thirteen road segments. The construction cost is estimated at $1.1 million. • Storm drain projects — This larger project was split into three separate projects to gain more bidders and better costs. The total construction cost is estimated at$600K. In January, as these projects were placed out to bid, staff requested proposals from engineering firms for the construction management of these projects. Staff received proposals from five engineering consultants although not all consultants provided proposals on both projects. ANALYSIS Staff evaluated the proposals and selected GHD Inc. for the construction management work on the 2018 Various Streets project and the Storm drain projects. GHD Inc. brought together the best combination of project understanding, team experience and project approach to manage these two projects. The proposed cost for the construction management: • 2018 Various Streets Overlay Project—$145,456 • Storm drain projects—$74, 356 Construction management costs are based in part on the number of working days for the projects and based on the working days in the contract. Changes to this by the contractor can reduce costs. For instance,the 2018 Various Streets Paving Project is scheduled for this summer and has a duration of 55 working days. Recently, Ghilotti Brothers Construction Inc. has asked if they can construct the 2018 Various Streets Overlay Project during spring break. This would involve a very aggressive construction schedule that only GHD could staff. If this plan moves forward and is successful, it would save a lot of money on the construction management estimate above by reducing working days. The storm drain project is still fluid. The project was cut in thirds to get more interested bidders after the Town received no responsive bidders for a combined project. Given this, the proposal for Fovvrl t:'osm dl .'ketin" "Aar"11 21,211 18 construction management of this work is still preliminary, but staff believes the cost proposal will cover the construction management of the project. GHD Consultants have a master agreement contract with the Town that covers work doing construction management. Therefore, this work can be covered by executing task orders in accordance with that contract. FINANCIAL IMPACT Funding for construction management for the projects is found in various places in the budget: • 2018 Various Streets project—The project is listed in the 5-year CIP for 2018/19 when most of the expense will take place. The amount listed in the 5-year CIP is $175,000. This is sufficient to cover the proposed cost of$145,456 for the construction management work for this project. The funds should be brought forward to this fiscal year. 0 Storm drain projects — The Annual Drainage Improvements Project in the 2017/18 CIP was funded at $1.1 million, with $990,000 remaining after design. This included funding for construction management. The construction is estimated at$600,000, leaving $390,000 in the budget for construction management. This is sufficient to cover the proposed cost of$74, 356 for the construction management work for this project. RECOMMENDATION Staff recommends that the Town Council: 1. Authorize the Town Manager to execute task orders with GHD Inc. for the construction management of: a. 2018 Various Streets project in the mount of$175,000. b. Storm drain projects in the amount of$74,356. 2. Authorize a budget amendment of$175,000 to fund the construction management of the 2018 Various Streets project with funds taken from the Street Impact fund. Prepared By: Patrick Barnes, Director of Public Works/Town Engineer TowToWN OF TmURON PAGE 2 OF 2 TOWN OF TIBURON Town Council Meeting l 1505 Tiburon Boulevard March 21,2018 Tiburon, CA 94920 Agenda Item:Al STAFF PO . To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Consider Reappointment of Commissioners and Appointments to Fill Vac cies on Town Boards, Commissions and Committees Reviewed By: BACKGROUND At the January 17, 2018 regular meeting, Mayor Fraser announced the current and pending vacancies on Town boards, commissions and committees in the coming year. Pursuant to Town Council Resolution No. 16-2007 (Appointments Procedure), the Town Clerk published a Notice of Current & Pending Vacancies on Boards & Commissions in The Ark (1/3, 1/10 and 1/17 editions), and posted it at Town Hall and the Belvedere-Tiburon Library. This notice serves to inform the public of the current or pending vacancies and invites applications for the positions. The Town Clerk contacted all the current commissioners whose terms were set to expire in February, and several of them notified the Town of their interest in seeking reappointment to another term. To recap, the terms of the following board and commission members expired on February 28, 2018: • Building Code Appeals Board—Jerry Thompson (does not seek reappointment) • Heritage &Arts Commission—Fran Hall (seeks reappointment) • Heritage &Arts Commission—Azita de Mujica-Beavers (seeks reappointment) • Heritage &Arts Commission—Vince de Quattro (does not seek reappointment) • Parks, Open Space and Trails Commission—Park Allen(seeks reappointment) • Parks, Open Space and Trails Commission—Isaac Nikfar(seeks reappointment; eligible for automatic reappointment) • Planning Commission—John Corcoran (seeks reappointment), Jon Welner (resigned 1/18) Other Vacancies There are several boards or committees on which there have been vacancies of a year, or more. One is the Town's Building Code Appeals Board, a five-member board that has had an open seat since one of the incumbents stepped down in 2015. Board member Jerry Thompson is stepping down this year, meaning there are now two vacant seats on this board. The term of the Tiburon Artist Laureate, Jaleh Etemad, expired in August of 2016. The appointment process for this position is overseen by the Heritage & Arts Commission. The H&A extended their 2017 year-end deadline for applicants, and are currently accepting applications until March 31, 2018. Upcoming Vacancies Later in 2018 The term of Belvedere-Tiburon Library Trustee Ric Postle will expire at the end of June, 2018. In May, the Town Clerk will determine if Mr. Postle seeks reappointment. The Council will consider this appointment in June, prior to the end of the term. One application has already been received for this position. The term of the Town's Marin-Sonoma Mosquito and Vector Control District Board of Trustees representative will expire at the end of December, 2018. Ms. Alannah Kinser was appointed to this seat in 2017, and will have held the seat for less than two years at the time of expiration. Therefore, Ms. Kinser will be eligible for automatic reappointment. Tonight's Appointments Tonight, the Council will first consider reappointment of commissioners whose terms have expired, and no applications have been received from other members of the public interested in the appointment to the seats: Fran Hall and Azita de Mujica-Beavers (H&A) and Isaac Nikfar (POST; eligible for automatic reappointment). The Council has also interviewed several additional applicants that would like to be considered for the vacancies on the Planning Commission (2) and the Parks, Open Space and Trails Commission (1). There are currently two vacant seats on the Planning Commission. John Corcoran has indicated he would like to be reappointed to one of the seats, and the Council has also interviewed Roy Crumrine, Kristina Wollan, Kathleen Defever and Valerie Montague. There are currently two vacant seats on the Parks, Open Space and Trails Commission. Isaac Nikfar is eligible for automatic reappointment, and Park Allen has indicated he would like to be reappointed to his seat. The Council has also interviewed Peter Brooks. If the Council makes all recommended appointments tonight, there will still be one new vacancy on the Heritage & Arts Commission. Prior Artist Laureate Jaleh Etemad has submitted an application for this appointment. The Council will interview her, and any other interested applicants, in April, and likely make the appointment soon after. RECOMMENDATION Staff recommends that the Town Council: 1. Consider reappointment (by Council motion) of all board and commission members, including: i a. Fran Hall—Heritage & Arts Commission b. Azita de Mujica-Beavers—Heritage &Arts Commission c. Isaac Nikfar—Parks, Open Space and Trails Commission 2. Consider appointment (by separate Council motions) of the following: a. Planning Commission (2): John Corcoran (reappointment), Roy Crumrine, Kathleen Defever, Kristina Wollan, Valerie Montague b. Parks, Open Space and Trails (1): Park Allen (reappointment), Peter Brooks 3. Direct staff to continue to accept applications and schedule interviews for the remaining vacancies at a future Council meeting. Exhibits: 1. Notice of Pending Vacancies on Town Boards, Commissions&Committees-January 2018 2. Emails from Board and Commission members concerning reappointment 3. Applications Prepared By: Lea Stefani, Town Clerk ----------- __ _ TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees January 2018 ARTIST LAUREATE BELVEDERE-TIBURON LIBRARY BOARD OF TRUSTEES BUILDING CODE APPEALS BOARD HERITAGE & ARTS COMMISSION MOSQUITO & VECTOR CONTROL DISTRICT BOARD PARKS, OPEN SPACE AND TRAILS COMMISSION PLANNING COMMISSION The following vacancies on Town Boards, Commissions and Committees are current or pending in 2018. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2018. Current commissioners whose terms are expiring may seek reappointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as the Heritage &Arts Commission, and The Ranch, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, townoftibitron.oz (click on"Forms and Documents" under"Government"). You may also contact Town Clerk Lea Stefani at lstefani@townoftiburon.org (tel: 435-7377) for more information. O. EXHIBIT 1�1 TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2018 TOWN ARTIST LAUREATE Appointee Appointed Term Expires • Jaleh Etemad September 2012 8/31/2020 [position vacant] BELVEDERE-TIBURON LIBRARY BOARD OF TRUSTEES Appointee Appointed Term Expires • Ric Postle June 2014 6/30/2018 BUILDING CODE APPEALS BOARD Appointee Appointed Term Expires • David Kallmeyer(resigned) April 2012 2/28/2019 [position vacant since 2015] • Jerry Thompson March 2014 2/28/2018 HERITAGE & ARTS COMMISSION Appointee Appointed Term Expires • Francella Hall March 2014 2/28/2018 • Azita de Mujica-Beavers March 2014 2/28/2018 • Vince de Quattro June 2014 2/28/2018 MOSQUITO & VECTOR CONTROL DISTRICT BOARD Appointee Appointed Term Expires • Alannah Kinser* June 2017 12/31/2018 PARKS OPEN SPACE AND TRAILS COMMISSION Appointee Appointed Term Expires • Park Allen March 2014 2/28/2018 • Isaac Nikfar* September 2017 2/28/2018 PLANNING COMMISSION Appointee Appointed Term Expires • John Corcoran March 2014 2/28/2018 • Jon Welner March 2014 2/28/2018 *Appointees who have served terms of 2 years or less are eligible for automatic reappointment pursuant to Town Council Resolution No. 16-2007. **No set term limit Copies to: The Ark(for publication on 12127, 113 and 1/10/18) Courtesy copy to: The Marin Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library OR 12 Lea Stefani GPS From: Integrity Electric, Inc <office.integrityelectric@gmail.com> *TK01Kj®Vk Sent: Monday, March 05, 2018 10:58 AM To: Lea Stefani Subject: Re: Building Code Appeals Board:Jerry Thompson Hi Lea, Thank you for your interest in having me serve. At this time I am respectfully declining the off to continue on the Building Code Appeals Board. Thank you Jerry Thompson On Mon, Mar 5, 2018 at 10:41 AM, Lea Stefani<lstefaniL&townoftiburon.org> wrote: Dear Jerry, Per our phone conversation, I understand you are not seeking another 4-year term on the Building Code Appeals Board. Please confirm, and I will inform the Council. Thanks, Lea Lea Stefani Town Clerk I Town of Tiburon (415)435-7377 lstefaniL&ownoftiburon.org Integrity Electric, Inc. EXHIBITNO 3817 Redwood Highway, Suite AP9 - 14 Lea Stefani From: Lea Stefani -iatl Sent: Tuesday, January 23, 2018 8:22 AM To: Lea Stefani Subject: H&A From: Walt & Fran Hall [mailto:waltandfranhall@gmail.com] Sent: Monday, January 22, 2018 8:08 PM To: Lea Stefani Subject: Re: You are invited . . . Jan.22,2018 Dear Lea, I received your letter asking me if I would continue as a commissioner for the Heritage and Arts Commission. Yes,l would like to continue to serve the Heritage and Arts Commission as I enjoy volunteering for the commission. Sincerely, Francella T. Hall waltandfranhall[a@gmail.com 415-302-3374 Lea Stefani -444A From: Azita Mujica <azimomu@gmail.com> 4C Kuya Sent: Tuesday, February06, 2018 4:42 PM To: Lea Stefani Subject: Re: Heritage &Arts Term Expiration Dear Lea, Thank you for your heads up and I'm so sorry that I missed your previous email.Yes I'm interested to keep on serving the town as the Heritage and Srt Commissioner for another term. I'll be at the office to sign the necessary papers tomorrow. Thank you again. AZITA On Feb 6, 2018, at 4:46 PM, Lea Stefani<Istefani@townoftiburon.org>wrote: Good afternoon Azita, I am following up on my letter dated 1/16/2018 inquiring if you would like to be considered for another term on the Heritage &Arts Commission.Your existing term is scheduled to expire on 2/28/2018.The Council will be considering appointments (or reappointments) at their regular 3/7 meeting. Thank you! Lea Lea Stefani Town Clerk I Town of Tiburon (415)435-7377 Istefani@townoftiburon.org Lea Stefani --H" From: Vince De Quattro <vincedeq@gmail.com> tBqa*6 Sent: Tuesday, February 06, 2018 4:24 PM !!! To: Lea Stefani Subject: Re: Heritage &Arts Term Expiration hi lea, i will not seek another term. thanks for a great four years! i think we've made some substantial changes for the better during that time. peace, vince Sent from my Whone On Feb 6, 2018, at 2:47 PM, Lea Stefani<Istefani@townoftiburon.org>wrote: Good afternoon Vince, I am following up on my letter dated 1/16/2018 inquiring if you would like to be considered for another term on the Heritage &Arts Commission. Your existing term is scheduled to expire on 2/28/2018.The Council will be considering appointments (or reappointments) at their regular 3/7 meeting. Thank you! Lea Lea Stefani Town Clerk I Town of Tiburon (415)435-7377 Istefani@townoftiburon.org OODA Lea Stefani Wsr From: Lea Stefani Mai Sent: Tuesday, February 06, 2018 3:28 PM To: Lea Stefani Subject: Re: POST Term Expiration From: Park Allen [mailto:parkallen(@gmail.com] Sent: Tuesday, February 06, 2018 3:06 PM To: Lea Stefani Subject: Re: POST Term Expiration Hi Lea, I'd like to be considered for another term. thanks, Park On Tue, Feb 6, 2018 at 2:49 PM, Lea Stefani <lstefani@townoftiburon.org> wrote: Good afternoon Park, I am following up on my letter dated 1/16/2018 inquiring if you would like to be considered for another term on the Parks, Open Space and Trails Commission. Your existing term is scheduled to expire on 2/28/2018. The Council will be considering appointments (or reappointments) at their regular 3/7 meeting. Thank you! Lea Lea Stefani Town Clerk I Town of Tiburon (415)435-7377 Istefani@townoftiburon.org Lea Stefani ./ From: Isaac Nikfar <isaac@nikfar.com> i K Sent: Monday,January 29, 2018 12:00 PM To: Greg Chanis; Lea Stefani Subject: Nikfar POST Term Renewal Hi Lea and Greg, I'd like to renew for a new term as POST Commissioner. Do I need to submit anything in writing? Also, do i need to submit a new Financial Declaration? Thank you, Isaac Lea Stefani F 1.00 From: John Corcoran <johncorcoran@gmail.com> coreiran Sent: Monday, February 12, 2018 1:00 PM To: Lea Stefani Subject: Re: Planning Commission Term Expiration Hi Lea- It has been a pleasure to serve on the Planning Commission and I would enjoy continuing to serve if the Council would like to have my continued service. Thank you! John John Corcoran Chief Revolutionary, Smart Business Revolution Co-founder, Rise25, LLC Lea Stefa n i Cr From: Jon Welner welvier Sent: Friday, January 19, 2018 2:17 PM To: Lea Stefani Cc: Scott Anderson; Dan Watrous Subject: Resignation from Planning Commission Lea, In light of my appointment to the Town Council, I hereby resign from my position on the Planning Commission. It has been a pleasure serving on the Planning Commission over the last six years. Sincerely, Jon Welner Exhibit 3: Applications 1. Peter Brooks (Parks, Open Space and Trails Commission) 2. Kristina Wollan (Planning Commission) 3. Roy Crumrine (Planning Commission) 4. Valerie Montague (Planning Commission) 5. Kathleen Defever (Planning Commission) ?M1Z?)RD0KS RE .. i TD F E B 13 2018 M,'ti d OF TGU JID-V TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE AIS-F-LICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies.In its effort to broaden participation by local residents in Tiburon Is local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1)year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk AREAS OF INTEREST Indicate Your Area(s)of Interest in umerical Order (#1 Being the Greater nterest) PLANNING { PARKS, OPEN SPACE & TRAILS DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY COMMISSION ON AGING AFFORDABLE HOUSING OTHER S:dcrane/comm.app 1 tV .LY �� ET� 1tF �v.-. d<$2 s � stn ?v �_., t• v �,x `.� tk n� S \6 � Lh7 ,d �' z NAME: P,5_7_Xom MAILING ADDRESS: �1q 7e- `/ E-mail address(optional): bec7®�-7-;e�� Q TELEPHONE: Home:q0r) 3 166Work: 3W- /c23),Fax No. PROPERTY OWNERS ASSOC. (If applicable) TIBURON RESIDENT: (Years) SDS DATE SUBMITTED: ( {:. �\a ;St13 s' t;:. r�a3 .E � "`Sd"�:/ z � .�3 - - `?,w4 ✓ S N r 5-, 77 d:t F i a v�. � �`N 1� �� • y ��fi'`� �w�z?��.Y��"�.'.s�� T ��7jr .ex?a�",.��ati�w_m-�.*�.�_.e�w:�c •��sa�.,. 1:�`R& c��.�s'`'.'s t ��:b��.�ta: "��^•l�Scs�,t�,�-vL�.,'"�5��:c�`4z#i`�v��2� �>��:':� �..-. ..o-^# `._ � �. v "'".� �1'�' }-�aa "tW tiy"'�`v� ��i� ,�h .,+�.\�.\_A(�.+1.'zG FS Y,14'�k'iv"�.ti�"hS'F;S71. J aS.'S#I AS•-).� '.#��G,aS�C��t. ,�'��}t.$,.�_.;� ..4"o -------------------------Town Hall Use------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 KRONA W TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies.In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during theyear. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk AREAS OF INTEREST ----------- ---.- Indicate Your Area(s)of Interest in Numerical Order (141 Being the Greatest Interest) 1 PLANNING 6 PARKS, OPEN SPACE &TRAILS 3 DESIGN REVIEW 5 RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS 2 LIBRARY COMMISSION ON AGING 4 AFFORDABLE HOUSING OTHER S:dcrane%omm.app 1 PERSONAL DATA (PLEASE PRINT OR TYPE ;A RESUME MAY BE ATTACHED AS WELL) NAME. Kristina Wollan MAILING ADDRESS: 12 Apollo Road, Tiburon CA E-mail address (optional): kwollan(Dgmail.com TELEPHONE: Home: 415-533-9859 work: 415-395-4950 Fax No. PROPERTY OWNERS ASSOC. (If applicable) Belveron East Home Owners Association (Board member, Treasurer 5+ years) TIBURON RESIDENT: (Years) 6'h years DATE SUBMITTED: 2/25/18 REASONS FOR SELECTING YOUR AREAS OF INTEREST' I am interested in serving on the Planning Commission due to my deep real estate experience (both commercial and residential)which I believe is relevant to this commission's focus, and my strong desire to help maintain and enhance the wonderful and unique qualities that make Tiburon so special. Many of these qualities, which have inspired and drawn so many of us here to raise our families and make new connections, are affected and/or influenced by the Town's land use regulations. I spent a lot of time studying the Tiburon Zoning Ordinance when we rebuilt our home here about six years ago, and recently reviewed the General Plan including the Updated Housing Element, and I respect the ideas and vision contained therein. I believe in adhering to these guiding elements, and making common sense amendments if and when they are sensible, supported by a majority of the Town's residents and elected/appointed leaders, and aim to strengthen and create greater, healthier, and more fluid connections across our community. APPLICA&LE QUALIFICATIONS AND EXPERIENCE I've lived in the Bay Area nearly 20 years, and moved to Tiburon in 2011 with my husband and two daughters (now in 1s'and 4'h grade at Reed/Bel Aire). My professional life has been primarily focused on finance and commercial real estate, including 13 years at Jones Lang LaSalle, one of the world's largest commercial real estate firms. i am currently a Senior VP/Director at JILL advising real estate owners/investors such as pension funds, corporations, developers, operators and lenders on their real estate portfolios and strategy. During this time, I've dealt with a variety of land use and zoning issues between owners and Bay Area municipalities. I believe the unique combination of my professional background, my strong interest in the role played by city planning to shape and enhance our daily lives, my hands-on experience developing a home from the ground up in Tiburon, and my passion for real estate and smart design in general will help me provide a thoughtful perspective on the issues that the Planning Commission will face in the years ahead. I continue to serve on the board of my local homeowners association (5+years)with an eye toward improving our local neighborhood for its residents, and look forward to having a positive impact on our greater Tiburon community working alongside the Town Council via the Planning Commission. For more details on my work experience: https://www.linkedin.com/in/kristina-wollan/ ----------------------------------------------Town Hall Use------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 Kristina C. Wollan 12 Apollo Road,Tiburon, CA 94920 (415) 533-9859 1 kwollan@gmail.com I www.linkedin.com/in/kristina-wollan SUMMARY Accomplished,results-oriented team leader with 16+years of capital markets and investment management experience with primary focus on executing sell-side transactions across industries including commercial real estate (office,retail and hotel),building products and materials,aerospace and defense,and consumer goods. Effective communicator adept at building authentic,lasting relationships with clients, partners,and management teams. Enthusiastic,creative problem-solver that thrives in fast-paced,deadline-driven environments where maintaining the big picture is as important as managing the details. PROFESSIONAL EXPERIENCE Jones Lang LaSalle,Inc.(JLL) 2015-present Senior Vice President,Director,Capital Markets(San Francisco) • Current responsibilities include:sourcing and executing on new business development initiatives;overseeing the deal pipeline and development of all marketing materials,offering memoranda and underwriting; collaborating with national marketing and PR team to drive global awareness of team's accomplishments; overseeing all operational elements of the Bay Area platform;and strategically growing the Bay Area Capital Markets team and platform. Also currently serve as the Director of Programming for the firm's Northwest Women's Business Network. Harris Williams&Co. 2004-2006 Senior Associate,M&A Advisory(San Francisco) • Managed all aspects of executing middle market sell-side transactions across multiple industries,including Aerospace/Defense, Building Products and Materials,Consumer Products, and Specialty Distribution.Sourced and pitched new business opportunities, performed due diligence,developed Confidential Information Memoranda,identified and marketed to potential corporate and private equity buyers,counseled management teams,evaluated offers,and negotiated purchase agreement terms and conditions.Completed over$240 million in transactions of both family-and private equity-owned businesses. Goldman Sachs&Co./Whitehall Funds 2003 Summer Associate,Real Estate Principal Investment Area(Dallas) • Focused on developing and structuring potential new operating partnerships,refinancing the debt on a 5-star beachfront resort in Mexico,and analyzing various acquisition/disposition opportunities across the Funds'$3 billion hospitality portfolio. Jones Lang LaSalle,Inc. 1992-2002 Vice President(San Francisco,Los Angeles,Chicago) • Managed and executed commercial real estate transactions valued at over$1.1 billion.Structured and negotiated deal terms and contract points,and consistently achieved premiums to asset valuations. Notable successes include the sale of Citicorp Center in San Francisco, U.S. Bank Centre in Seattle, Fox Plaza in Century City,and San Diego Tech Center. • Prepared client proposals,strategic plans, budget reviews and valuations for the firm's$1.6 billion retail portfolio. Developed and implemented short and long-term strategic plans for a 4.5-million square foot regional mall portfolio in the western U.S.;worked with city councils and planning commissions in securing redevelopment rights and tax incentives. Kristina C.Wollan Page 2 • Developed and managed long-term strategic alliances with clients,advising on all of their real estate occupancy needs. Key clients:Sybase, Inc. (2.4 million s.f.global real estate portfolio; managed 20+brokers globally working to dispose of 600,000 s.f.of space);and Cisco Systems(worked to dispose of one million s.f.of space in Silicon Valley; performed portfolio valuations and led weekly progress and strategy meetings). • Managed entire new business development process including strategic evaluation of projects and client requirements/expectations,writing and producing pitch books and presenting proposals to potential clients. • Recruited, managed and reviewed a team of associates and analysts in the execution of all projects including the strategic advisory,financing and disposition of assets. • Helped design and build Jones Lang LaSalle's proprietary 5,000+investor database. • Awarded Jones Lang LaSalle Club(awarded to worldwide top performers). EDUCATION University of California at Berkeley,Haas School of Business Berkeley,CA • Masters of Business Administration,2003. Team won first place in the University of Texas at Austin Real Estate Finance Challenge. Member of Berkeley Real Estate Club, Urban Land Institute, Haas Finance Club, Berkeley Entrepreneurs Forum, and Wine Club. Northwestern University Evanston,IL • Bachelor of Arts, 1992. Double major in Mathematical Methods in the Social Sciences(honors program)and Political Science. OTHER • Enjoy photography,running,skiing,travel,architecture and design,and spending time with family. • Board member(5 years)of Belveron East Homeowners Association. • Active volunteer in the Reed School District. • During eight year break from my professional career to focus on family,acted as co-general contractor on the complete teardown and new construction of our single-family home in Tiburon(first time renovation project). Managed all aspects of the project, interfaced with Tiburon planning and building departments,and assuaged any/all neighborhood concerns before and during the process. NV yc RVM R1 t, � RE J U L 2. 7 2.017 —TRWIN TOWN OF TIBURON Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to ternn expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and all informal interview will be scheduled when a vacancy occurs. Your application will remain oil file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Cleric * * I; * 4: x AREAS OF INTEREST Please Indicate Your Area(s)of Interest in Numerical Order (41 Being the Greatest Interest) 1 PLANNING 115 PARKS & OPEN SPACE "l DESIGN REVIEW RECREATION 41 HERITAGE & ARTS DISASTER PREPAREDNESS it 3 LIBRARY If MARIN COMMISSION ON AGING II BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: troy (:rumri ne 1 /8 Stewart Drive MAILING ADDRESS: TELEPHONE: Home: L/Lbu/_y Work: 279-6024 Fax No. <11 Here> PROPERTY OWNERS' ASSOC. (if ap)licable)we ilve wttn.Ln 1'inuron xnoiis TIBURON RE, (Years)2�' DATE SUBMITTED: 7/26/17 EE REASONS FOR SELEcrING YOUR AREAS OF INTEREST As a 24 year resident, and an avid reader of the Ark, I would like to contribute to Tiburon's future. My children are now 18, and lo, and I am at a point in my career where I have more. free time to devote to serving. APPLICABLE QUALIFICATIONS AND EXPERIENCE My first choice is the Planning Commission. At UC Berkeley, I got an A in Architecture and was strongly encourage by my Professor to pursue that Career. Instead, I went into Business, passing the CPA exam in College; and later becoming a CPA with Price Waterhouse (now PWC) . For. fun, I got my real. estate license. This later came in handy when I worked for Syufy Enterprises, a major commerial real estate developer. I 'm fluent in Spanish, and I 'm always striving for win-win situations; which I tope to bring to the Planning Corcunission. Thank you. ----------------------------------------------Town Nall Use------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Commission,13oard or Committee) (Date) Date Term Expires: Length of Term: 2 Tiburon Planning Commission Roy Crumrine Application Additional Information In addition to the information provided in my application and cover email, I'd like to mention the following: I actively follow via the ARK,the local events and issues related to the town. After we purchased our house on Stewart Drive in 1993, 1 spent many hours at the library reading all the issues of the ARK prior to October 1993 to get a better understanding of the community we decided to call home. I either bought or checked out all the Landmark Society books on the history of the Town, Belvedere,and the history of the Tiburon Peninsula. Not only has this historical knowledge made me feel more connected to our town; but, over the years,it has enabled me to share the history with the young Cub Scouts, Boy Scouts, and with newer residents of the community. Over the years, I have occasionally attended Council, Design Review Board, and Planning Commission meetings. Since I submitted my application for the Planning Commission in July, I would have liked to have attended a more recent Planning Commission meeting; but, as of today(September 9"'),they have all been canceled. So,to bring myself more up to speed, I have also read the last 2 years of agendas and minutes. Throughout my career,currently Controller for Thunder(an advertising technology company),or my volunteer activities, I like to be prepared and ready to get to work. Hopefully, I won't have to use the skills; but,several years ago, I participated in one of the first CERT training classes held in town. Now that my Boys are older, I have more free time. Since the Town and Real Estate have always been strong interests of mine, I'd like to serve on the Planning Commission. As both a CPA and having previously earning a real estate license, I am familiar with both real estate and legal terminology, and codes and ordinances. I would like to think that my more than 30 years of business experience would help lead to positive outcomes, and hopefully win-win situations for all parties involved. Personally,from reading all the minutes, I like the fact that the Planning Commission has a hand in making decisions that impact the economic development of the town;on top of being involved with residential matters. Again, I think my business experience,from retail,to start-ups, to multinational corporations could be helpful to the commission. Thank you, Roy Crumrine Lea Stefani From: Roy Crumrine <racrumrine@yahoo.com> Sent: Thursday, November 09, 2017 11:27 AM To: Lea Stefani Subject: Re:Another Planning Commission Vacancy - More Info Lea: Hope all is well. Last night, I was able to attend the Planning Commission meeting. It was the first one held since July 12 (so during this application process I haven't had the opportunity to see a recent meeting until now). The meeting was lightly attended. As far as I know, no other potential candidate (such as Jeff Tsai)was there,just applicants, their supporters, and neighbors. It was helpful to see our Planning Commission in action, and to see how the Planning Staff prepares the background and recornmendations on the meeting agenda items. I reviewed both Staff Reports before the meeting last night. I didn't plan on speaking; but, from my review of the Staff Report, and my knowledge of the Audubon Center operations, I felt I had to point out that there would be a lot more cars and traffic at the site when they run their camps. The applicants omitted this. After I made this comment, the Commissioners were able to speak with the applicant again, and they asked that more work be done to mitigate the traffic issues when there may be as many as 70 children on the site at one time (not just the 20 for the preschool). At the start of the meeting, Lou Weller was thanked for his years of service. It was specifically pointed out that due to him being a long time resident of the Town, he had a uncanny sense of what the Town's residents' position would be on various projects before the Commission. After thinking about it, I realized that long term residency can have a lot of value to the Commission. It was because my own children have attended the Audubon Camps and because I had been the in the building that they intend to lease to the preschool that I knew there were going to be a lot more children on the site than the Applicant originally implied. So, if I had a do-over interview with the Town Council, having attended a recent meeting, and seeing the value of long term Town knowledge, I would stress that more in my interview. Another thing that came up in my interview is whether or not I had read the General Plan. I had read it years ago; but, I didn't wart to represent to the Council members that it was fresh on my mind. However, it seemed to be an important prerequisite that they were looking for in a candidate. So, if I had a do-over interview, I would tell them that I have completed rereading through all of the elements of the General Plan. And, I'd be prepared to answer questions about it. Please add these comments to my application package; and, if the Council requests, I'd be happy to do another interview with them. Regards, Roy From: Lea Stefani <Istefani(atownoftiburon.org> To: Roy Crumrine <racrumrine(Dyahoo.com> Sent: Monday, October 16, 2017 10:35 AM Subject: RE: Another Planning Commission Vacancy VAI. r E MAR 13 2018 TOWN CLERK TOWN OF TIBURON TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies.In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk AREAS OF INTEREST Indicate Your Area(s)of Interest in Numerical Order (#I Being the Greatest Interest) --V—/PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY COMMISSION ON AGING AFFORDABLE HOUSING OTHER SAcrane%omm.app 1 4;"� ?�`G. 4�fi ; i>> � '� 1iili�.� r��.>.1.' L1.✓rS NAME: Valerie Montague MAILING ADDRESS: 662 Hilary Drive E-mail address (optional): nyullm@yahoo.com TELEPHONE: Home: (415)937-5238 work: Fax No. PROPERTY OWNERS ASSOC. (If applicable) TIBURON RESIDENT: (Years)20 DATE SUBNHTTED:3/11 3/18 See attached letter See attached letter ----------------------------------------------Town Hall Use------------------------------------------------ Date Application Received: Interview Date: Appointed to: (Date) Date Term Expires: Length of Term: 2 Valerie Montague 662 Hilary Drive Tiburon CA 94920 Town of Tiburon Town Council 1505 Tiburon Blvd Tiburon CA 94920 Attention: Lea Stefani March 13, 2018 RE:Application for the Planning Commission Seat To Whom It May Concern, I am applying for a volunteer position on the Planning Commission.I am a 55 year old woman with experience and qualifications that will be of benefit to the Town. I have been admitted to the Bar for almost 30 years, practiced in law and international accounting firms, served as counsel at two major U.S. corporations,taught at graduate law and business programs at Bay Area universities, started my own non-profit organization to benefit children with special needs and their families, and now manage a portfolio of real estate and other investments as well as avidly practice my craft as an abstract landscape painter. In my life, I have owned homes across the country,travelled the world and held many positions which required me to listen to opposing points of view, analyze data, review compliance with technical aspects of the law and balance public and private interests, all of which will assist me in performing my duties as a member of the Planning Commission. I have a strong understanding of site plans, lot coverage rules,variances and other aspects of home ownership as I have owned, renovated, and managed numerous homes in upscale residential communities around the country. My husband and I have owned the house at 662 Hilary Drive in Tiburon for 20 years where we reside and have raised our 23 year old son,who has developmental disabilities.He teaches me daily to make every day a learning experience and to always keep an open mind. I have grown over the years to have greater respect for everyone I meet along the way and appreciate the uniqueness of every individual. As Tax Counsel at a Fortune 25 company, I analyzed complex transactions and created solutions after taking into consideration varying points of view while applying relevant aspects of the law. As Executive Director of a non-profit entity, I advocated for long term planning initiatives that included community improvement through the integration and inclusion of all types of people. In these roles and in others I have served, I have balanced individual interests against larger concerns to find the most appropriate solutions. I have found that being a fair minded and keen listener assists me whether I am instructing a person with special needs learn to play tennis or a room full of law students or executives. Each requires a sound understanding of the rules at play, consideration of different points of view, an ability to work as a team player and, perhaps most of all, employment of patience and perseverance. Based on these qualifications and experiences, I hope you will consider my application to join the Planning Commission of the Town of Tiburon. Respect lly submitted, R 6 Valerie Montague KATHLBer4 DeFsvEp,.., Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In arra effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s)of Interest in Numerical Order (##1 Being the Greatest Interest) PLANNING # PARKS & OPEN SPACE # DESIGN REVIEW # RECREATION # HERITAGE & ARTS # DISASTER PREPAREDNESS # LIBRARY # MARIN COMMISSION ON AGING # BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: Kathleen M. Defever MAILING ADDRESS: 1550G Tiburon Blvd#500 TELEPHONE: Home:312-286-1076 Work:855-366-1415 Fax No. 415-366-1415 PROPERTY OWNERS' ASSOC. (If applicable)Marinero TIBURON RESIDENT: (Years)5 DATE SUBMITTED:3/1/18 REASONS FOR SELECTING YOUR AREAS OF INTEREST See Attached Sheet. APPLICABLE QUALIFICATIONS AND EXPERIENCE See Attached Sheet. ----------------------------------------------Town Hall Use------------------------------------------------- Date Application Received: Interview Date: Appointed to: (Commission,Board or Committee) (Date) Date Term Expires: Length of Term: 2 Kathleen M Defever-Application for Planning Commission 3 118 Reasons for selecting your area of interest: The Planning Commission is most interesting to me because I am a long-term, big picture thinker- hence, a natural planner. I enjoy exploring the many elements of a society or community and then finding solutions and strategies for improvement. Applicable Qualifications and Experience: I've been an insurance lawyer for 9 years(after a stint in Federal Criminal Defense). I am a plaintiff's lawyer, which means I help policyholders obtain their benefits from insurance companies. I handle both disability and property claims. My work requires great attention to detail, excellent listening skills, and the ability to both advocate for individuals who have been mistreated and understand the viewpoint of the other side.To reach settlements or successful jury verdicts, I need to understand not only my clients and their particular needs, but also the value placed on their claim by the community they reside in. These skills transfer very well to a role in civil government,where I will need to listen and understand citizens effectively, as well as work toward solutions which are net positive for the community as a whole. My expertise in Property Law will also be very useful for the Planning Commission. I am well-versed on the rights and regulations connected to property issues. KATHLEEN M. DEFEVER 1550G Tiburon Boulevard#500 .Tiburon,CA 94920 kathleendefever@yahoo.com • (312) 286-1076 EDUCATION/CERTIFICATIONS State Bar of California,Number 291085 California Department of Insurance Public Adjuster License, Number 2K46618 University of Connecticut College of Law,Hartford,CT Master of Laws in Insurance Law,Graduation May 2018 • Distance Learning Program-live,real-time interactive courses taught by esteemed lawyers and experts from all sectors of the insurance industry DePaul University College of Law,Chicago,IL Juris Doctor with Specialization in International and Comparative Law,July 2007 • Coach/Instructor for Kent College of Law Inter-American Court of Human Rights Moot Court Team (international writing and advocacy competition),2008 • Recipient of CALI award of excellence for Jessup International Moot Court(writing and advocacy competition), 2006-2007 • Niagara International Moot Court Team Oralist,2005-2006 • DePaul College of Law Academic Scholarship,2003-2004 DePaul University College of Liberal Arts and Sciences,Chicago,IL Bachelor of Arts in International Studies,June 2003 • Student Leadership Institute;Michigan Competitive Scholarship EXPERIENCE Defever Law (Property and Disability Insurance Litigation),Tiburon,CA Principal Attorney, April 2013 -Present • Mediating and litigating insurance coverage claims (handling all stages of case development / litigation / court appearances / depositions, etc.), both as a solo and as co-counsel with The Veen Firm,Gumbiner&Williams,and Ribera Law Firm • Co-author of pending insurance/investment book,with best-selling author Mary Buffett • Author of blog"MisInsured" at http:/Lwww.misinsured.net/ The Greenspan Co./Adjusters International (Property Insurance),South San Francisco,CA Public Insurance Adjuster,July 2015-April 2017 • Advising homeowners on their insurance claims due to fire,flood,and collapse • Managing and advising on all aspects of property claims from beginning to end, including emergency services, personal property inventories, building structure repair/rebuild estimations, and the calculation of additional living expenses and/or business income Thomson Reuters/Findlaw.com(Law Publishers),Sunnyvale,CA Legal Content Writer(Contract), May 2014-August 2014 • Researching, editing, and writing informational legal content for the online presence of the largest legal resource in the world (links to samples provided below) Ray Bourhis Associates(Disability Insurance Litigation),San Francisco,CA Managing Attorney, May 2009 -March 2013 • Successfully mediated several seven-figure cases as only co-chair to Ray Bourhis • Independently researched and authored all documents which left the office, including demand letters, meet and confer letters, mediation briefs, and all motions/filings submitted to Federal or State court (e.g. discovery documents, oppositions to motions for summary adjudication, oppositions to demurrers,motions to compel discovery) • Interacted daily with clients,mediators,and opposing counsel as their sole contact within firm • Single-handedly managed all law firm operations, including the hiring, training,and termination of legal assistants,clerks, and Mr. Bourhis' personal assistant • Directed the firm's successful marketing and client acquisition, resulting in an average of$3 million of attorney's fees per year Office of the Federal Public Defender(United States Federal Government,Criminal Law),Chicago, IL Legal Intern,January 2007-May 2008 • Researched federal case law and statutes, wrote legal memoranda, drafted motions, interviewed witnesses,and investigated evidence • Independently managed several investigations, including gathering factual information from investigators and clients in Federal correctional facilities • Participated in Federal Defender Trial Skills Program • Mentored by Terence MacCarthy, the nation's first Federal Defender and noted cross-examination expert Elite Model Management,Chicago,IL Professional Fashion Model,1999-2003 • Modeled clothing,jewelry,and hair products in runway shows,print advertisements, and on television PUBLICATIONS • Warren Buffett Insurance/Investment book with New York Times Best-Selling Author Mary Buffett(forthcoming 2018) • Blog"MisInsured" at http:1/www.misinsured.net/ (2013-Present) • Numerous articles on Findlaw.com(samples: ERISA Preemption and HIPAA:The Health Insurance Portability and Accountability Act) (2014) • Pamphlet"Advising Long Term Disability Insurance Policyholders Concerning Insurance Coverage and Bad Faith";second edition with co-author Ray Bourhis (2012) • Physician's Practice Articles on Disability Insurance (sample: Introduction to Disability hlsurance: Why is it so important for an Ob/Gyn?) (2011-2012) SPEAKING ENGAGEMENTS/FILM • Presented"American Insurance Law: The Consumer Experience" to the University of Antwerp, Belgium law students and professors, April 24,2017 • Selected as interviewer for upcoming documentary "A Wound in the Heart" http://www.awoundintl-ieheart.com • Speaker and Contributor for upcoming Serbian meeting of the Association Internationale des Droit des Assurances (AIDA / International Insurance Law Association),April 2019 Other • Co-founder,with Angelo Servino,of successful Servino Opera Night in Tiburon,CA(2009) • Spanish,French,and Italian comprehension f TOWN OF TIBURON Town Council Meeting 1505 Tiburon Boulevard March 21,2018 411' Tiburon, CA 94920 Agenda Item:Al — STAFF PO . To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Tow Council Appointments List Update: Creation of Use of Technology Ad ocbcommittee Reviewed By: z BACKGROUND Members of the Town Council are appointed to serve on a variety of ad hoc Town committees, formed for a limited duration of time, to study specific issues or projects in Town. Councilmember Welner has expressed interest in creating an ad-hoc subcommittee to study the Town's use of technology in its day-to-day operations and make recommendations on how additional technologies or software could improve the Town's services to residents. This matter was discussed at the annual Town Council-staff retreat on March 2, 2018, at which time the Council requested staff bring back the item at an upcoming Council meeting. RECOMMENDATION Staff recommends that the Town Council create a new ad-hoc subcommittee called "Use of Technology" and appoint two councilmembers to serve on the subcommittee. Prepared By: Lea Stefani,Town Clerk TOWN OF TIBURON To Council Meeting t 1505 Tiburon Boulevard March, 21, 2018 -� � Tiburon, CA 94920 Agenda Item: Al STAFF PO . To: Mayor and Members of the Town Council From: Benjamin Stock, Town Attorney Subject: Recommendation to Approve Second Amendment to Town Manager's Employment Agreement Reviewed By: BACKGROUND AND ANALYSIS The Town retained Gregory Chanis as the Town Manager pursuant to an Employment Agreement dated December 22, 2016. Section 5 of the Agreement provides for annual performance reviews. On January 10, 2018, the Council established an ad hoc subcommittee of Mayor Fraser and Councilmember Fredericks to the Town Manager Performance Evaluation ad hoc subcommittee. The Council completed its annual performance review on March 7, 2018 and was very satisfied with the Manager's performance. The ad hoc subcommittee has recommended the following adjustments to the Town Manager's agreement based on the Council's evaluation that are attached hereto as a draft Second Amendment to the Employment Agreement (Exhibit 1). The Town's compensation policy provides that Town salaries shall be competitive with comparable positions in the market. Accordingly, the ad hoc subcommittee recommends a 2.7% cost of living increase in the Town Manager's base salary, and a 4% increase based on excellent performance. Therefore, the combined base salary increase recommended by the ad hoc subcommittee is 6.7%. In addition, the ad hoc subcommittee recommends increasing the housing allowance provided in the Agreement from $750 per month to $1,000 per month with the continued requirement that any housing allowance is expressly contingent on the Town Manager residing within the Town limits. Also, pursuant to provision 10 of the Employment Agreement the ad hoc subcommittee recommends that the Council provide consent for the Town Manager to invest in real estate located at 19 Marsh Road. Finally, the ad hoc subcommittee recommends awarding the Town Manager a retention incentive in the amount of$2,500. FINANCIAL IMPACT The financial impact of the proposed amendment would be approximately $6,539.00 in the current fiscal year, but staff believes there are sufficient allocated funds in the current fiscal year budget to cover this cost, and therefore is not requesting a budget amendment. RECOMMENDATION 1. Approve the draft Resolution Approving the Second Amendment to the Manager's Employment Agreement and authorize the Mayor to execute it on behalf of the Town. Exhibits: I. Draft Resolution Approvin- Second Amendment to Town Manager Employment Agreement 2. Draft Second Amendment to Town Manager Employment Agreement Prepared By: Benjamin Stock, Town Attorney _- . ------------- -- ...... . _.._._.... .___------...__ ___- __----_-. DRAFT RESOLUTION NO. xx-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PROVIDING A LUMP-SUM RETENTION INCENTIVE TO THE TOWN MANAGER AND APPROVING THE SECOND AMENDMENT TO TOWN MANAGER'S EMPLOYMENT AGREEMENT WHEREAS, on December 22, 2016, the Town Council approved a contract for the employment of Gregory Chanis to the position of Town Manager ("Manager's Agreement"); and WHEREAS, on February 11, 2017, the Town Council entered into a First Amendment to the Town Manager's Employment Agreement ("First Amendment"); and WHEREAS, the Town Council conducted the Town Manager's performance evaluation on March 7, 2018; and WHEREAS, the Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the public. After completing the Town Manager's annual review, the Council has decided to modify the Manager's Agreement and compensation as set forth in the Second Amendment to Town Manager's Employment Agreement attached hereto and incorporated herein. NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Tiburon as follows: Section 1. Payable on the first regular payroll following adoption of this Resolution, the Town Manager shall receive a lump-sum retention incentive of$2,500 (subject to applicable payroll taxes). Section 2. The Town Council consents to the Town Manager's investment in real estate located at 19 Marsh Road. and hereby authorizes the Mayor to sign the attached Second Amendment to Town Manager's Employment Agreement. PASSED AND ADOPTED at a regular meeting of the Town Council on March 21, 20181 by the following vote: AYES: NAYS: ABSENT: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: LEA STEFANI, TOWN CLERK Page I of I Town Council Resolution No. XX- 2018 DRAFT 03/21/2018 SECOND AMENDMENT TO TOWN MANAGER'S EMPLOYMENT AGREEMENT This SECOND AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT AGREEMENT ("Amendment") is effective as of March 21, 2018, by and between The Town of Tiburon("Town") and Gregory Chanis ("Employee"). RECITALS A. The Town employs Employee as its Town Manager, pursuant to an Employment Agreement effective December 22, 2016 ("Manager's Agreement"). B. The Town entered into a First Amendment to the Town Manager's Employment Agreement on February 2, 2018 ("First Amendment"). B. The Town Council has conducted its annual performance evaluation of Employee as set forth in the Manager's Agreement and is well satisfied with Employee's performance. The Council finds that the Employee has demonstrated management and leadership skills that compare favorably to persons holding similar positions in similar agencies. C. The Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the public. After completing the Manager's annual review, the Council has decided to modify the Manager's Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AMENDMENT, IT IS AGREED AS FOLLOWS: 1. Base Salary. Section 4.1 of the Manager's Agreement shall be amended as follows: Employee's current base salary of$196,800 shall be increased by 6.7%to Two Hundred Nine Thousand Nine Hundred Eighty Six dollars ($209,986) per year. 2. Housinst Assistance. Section 4.9 of the Manager's Agreement shall be amended as follows: 4.9 Housinjj Assistance Allowance The Town will pay Employee a Housing Assistance Allowance in the amount of One Thousand dollars ($1,000)per month on the condition that he maintains his primary residence within the corporate limits of the Town of Tiburon. 3. Manager's Agreement Otherwise Unchanged. Except as expressly modified by this Amendment, the Manager's Agreement between the Town and Employee shall remain in full force and effect. IN WITNESS WHEREOF, this First Amendment to the Manager's Agreement shall be effective as of the day and year written above. Dated: THE TOWN OF TIBURON: By: Mayor, Town of Tiburon APPROVED AS TO FORM Benjamin Stock Town Attorney, Town of Tiburon EMPLOYEE Gregory Chanis Town Manager, Town of Tiburon TOWN OF TIBURON Town Council Meeting March 21, 2018 1505 Tiburon.Boulevard <r Tiburon,CA 94920 Agenda Item:AIA STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Consid, r Award of Construction Contract for the McKegney Field Impr ement Project to Bauman Landscape and Construction, Inc. Reviewed By: BACKGROUND Since Spring 2015, staff has been meeting with representatives of the Tiburon Peninsula Soccer Club (TPSC), outside consultants, interested residents and Town Council regarding the condition of McKegney Green and a potential project to upgrade the field. During this process the Council looked at fifteen design options, and ultimately established four goals for the parameters of the field design: 1. Convert to potable water for irrigation 2. Reduce the existing crown 3. Utilize Sand based turf field 4. 110,000 square foot size Due to soil conditions and the requirement to reduce the crown,the size of the field grew to 135,000 square feet during the design. On April 19, 2017, Council agreed to proceed with an estimated $1.8 million project, with$400,000 of the required funds to come from private sources. On February 7, 2018, staff provided an update on the project and noted that the project was ready to bid and the Tiburon Soccer Club guaranteed that the $400,000 would be available at award. Council authorized staff to put the project out for bid. The project estimate of $1.8 million includes funds for construction of the field, equipment purchase, contingency, soft costs and the MMWD water meter. The construction of the field was estimated at $1,127,345. Bids for the construction of the field were opened on March 8, 2018. The Town received the following three bids: Suarez& Munoz Construction, Inc. $1,392,704.00 Bauman Landscape and Construction, Inc. $1,439,783.00 Star Construction, Inc. $1,579,429.55 At the bid opening it appeared that Suarez & Munoz Construction, Inc was the low bidder with Bauman Landscape and Construction, Inc. about 3.5% higher. Subsequent to the bid opening, staff discovered an error on the Bauman bid. The error on the Bauman Landscape and TOWN OF TiBURON PAGE I OF Ti)Wil t',0UJ'1ci1 We!i[I Marc h 21,2018 Construction, Inc. bid appears to be a clerical error resulting in a$51 K reduction in their bid. Bauman was informed of the error but declined to claim a mistake in bid. When the bid was corrected in accordance with procedures contained in the contract documents, Bauman was the low bidder as indicated below. Both Bauman and Suarez& Munoz Construction, Inc. were informed of this. Bauman Landscape and Construction, Inc. $1,388,103.00 Suarez& Munoz Construction, Inc. $1,392,704.00 Star Construction, Inc. $1,579,429.55 Suarez & Munoz Construction, Inc. submitted a protest of our intent to award the project to Bauman on March 15, 2018. The bid protest is attached (Exhibit 1). Staff forwarded this to Bauman Landscape and Construction, Inc. The Town received a response to the bid protest on March 16, 2018 (Exhibit 2). Staff will evaluate the protest and response and advise Council at the meeting. ANALYSIS Staff has reviewed the bids submitted by Bauman Landscape and Construction, Inc and Suarez& Munoz Construction, Inc. Staff notes that the two low bids were very close and the third low bidder is within 14% of the low bid. All three contractors are experienced in this type of work. The project was put out for bid February 8th. Six contractors picked up plans for the project from our plan room, and staff knows that at least two other contractors considered bidding on the project. Of these eight contractors only three submitted bids. Staff heard from one contractor who did not bid. He asked for bids from six different landscaping subcontractors and heard back from none of them. Another contractor, after reviewing the project, decided it was largely landscaping work and ultimately did not bid. Generally, the later in the Spring projects are bid, the less competition there is. Therefore, it is uncertain re-bidding this project will result in a substantially lower price. The low bid is 23% ($260,758) above the engineer's estimate for construction. Staff has noted previously that a project estimate presumes five to six bidders and that, when there are two to three bidders, prices can be expected to be 10%to 25% above the estimate. Still, the designer was surprised by the bids. Staff notes that a previous project bid this year with three bidders came in slightly below engineer's estimate. Also this year, two storm drain projects, each with the same estimator had one bidder each; one came in at 4% above engineer's estimate while another project was 50% over engineer's estimate. Based on our recent experience and the experience of other local municipalities, the current bidding climate remains unpredictable. Analyzing the individual line items for the low bidder, the additional overage is in soil removal, stockpiling and rough grading. The cost for these three items alone is $359,500 above the engineer's estimate for these three items, more than accounting for the difference between the low bid and the engineer's estimate. However, the second low bidder was only $47,300 over the engineer's estimate for these same items and the highest bidder was $65,500 over the engineer's Towel OF TiBURON PAGE 2 of Town Council M<:ct:izi March 21,2018 estimate. In short, what was significantly high for one bidder was lower for another bidder; there was not a clear pattern in the three bids indicating the cause of the additional cost. The construction cost is only one part of the total project cost, which is now estimated at $2,035,763, or approximately $236K (13%) over the budget of$1.8 million. A revised cost breakdown is shown in Table 1 below. Table 1 - Cost of McKegney Green Project Estimate Current Costs Construction $1,127,345 $1,388,103 Contingency $151,435 $138,810 Meter $312,000 $312,000 Equipment $75,000 $75,000 Construction Management $106,004 $121,850 Misc. (rounding) $28,216 Total $1,800,000 $2,035,763 An explanation of these costs follows: 1. Contingency - Given the potential variability in the project, staff is recommending that a 10% construction contingency is included in the project budget if approved. 2. Meter—This is the current cost estimate for the new water connection from MMWD. Most of is the cost of water allocation. 3. Equipment—This is the cost of equipment to maintain the field. The $75,000 has always assumed the purchase of used equipment and staff has recently confirmed that used equipment should currently be available at this cost. New equipment would be substantially more expensive if used equipment becomes unavailable when we need to purchase it. It is important to note that this estimate does not include a new tractor, which was due to be replaced and never included in the McKegney estimate. This will cost an additional $54,000 and will be funded through the Capital Equipment Replacement Fund as part of the FY 2018-19 Budget process. 4. Construction Management— Staff solicited proposals from six consultants for construction management. After reviewing the project, two consultants stated they could not properly staff the project. One has yet to submit a proposal indicting a similar staff problem. Three consultants submitted proposals with estimated costs of$164K and $169K and $122K. The firm at $122K, mack5, has a construction manager who has the most experience managing the construction of play fields of any person in any of the firms that submitted proposals. Staff is therefore recommending this firm be selected for construction management of the project. FINANCIAL IMPACT The McKegney Field Improvements Project was included in the 2017/18 budget and funded at $1.8 million, with $400,000 to come from private funds. ToWN OFTIOURON PAGE 3 OF Town Council Mceting marcls 21,2018 The total cost of the construction, including 10% contingency is $1,526,913, with the total estimated project costs now at$2,036K which is $236K(13%) over the budget estimate of$1.8 million. At early design, annual maintenance costs were estimated as a$45,000 increase over existing costs. Since then, the size of the field has increased by about 25% and we now have a better idea of the costs of materials based on the bids. Staff has refined these numbers and cost increases are estimated as follows: Table 3 - Annual Maintenance Costs Increases Estimate Staff time (755 hrs.) $33,000 Sand for topdressing $19,000 Seed $2,000 Fertilizer& amendments $8,000 Total $62,000 The projected increase in annual maintenance costs will be included in the proposed FY 2018-19 Operating Budget. This does not include resodding the field at least every 10 years. The estimate for this was at least $100,000 or at least $10,000 per year amortized. Given the unit costs in the recent bids and the size of the field this would be $230,000, or $23,000 per year amortized. RECOMMENDATION Staff recommends that the Town Council consider options and provide staff direction for the next steps in this project. Options include: 1. Award the project to the low responsible and responsive bidder and authorize the Town Manager to enter into a contract with mack5 for construction management of the project. Staff hopes to have made a determination regarding the low bidder by the time of the Council meeting. Staff notes that the two bids are very close and do not have a significant effect on the overall cost. The project is currently about $236K over the budget of$1.8 million (13%). 2. Put the project back out for bid. Staff is uncertain whether this would result in substantially lower bids. Rebidding would likely preclude any play on the field this year. 3. Redesign the project. Staff believes the existing project is the best design that meets the criteria established by Council: a) Convert to potable water for irrigation b) Reduce the existing crown c) Sand based field d) Minimum 110,000 square foot size However, changing the above criteria could result in a lower cost project. For example, not reducing the crown would save on grading and off haul costs. It would also allow the TOWN OF TIBURON PAGE 4 off= l own Council Rtcctizi March 21,018 field to go back to 110,000 SF, which could further lower costs. Alternatively, shrinking the field even further to 75,000 square feet would reduce the play area, but still allow the crown to be removed, with adjoining areas sloped back to the existing crown. These sloped areas would be unplayable, and the field area suitable for play would be reduced compared to what exists today. These are two possibilities for seeking cost savings by changing the design criteria. Staff does not know whether a reduced option would result in a loss of financial support by the Soccer League. 4. Redesign the project as a non-sand turf field. This was an estimated $1 million project that was to be the fallback position for the Town if funds were not raised by private parties. While this could reduce the cost of the project by $800,000 it would also result in a loss of funding of$400,000. Staff notes that a full design and bid have not been done for this project and the $1 million estimate is an estimate based on very preliminary numbers. Prepared by: Patrick Barnes,Town Engineer Exhibit: 1. McKegney Field Improvements Project No. 18-PK-03 Protest of Award 2. McKegney Field Improvements, Town of Tiburon- Response to Bid Protest by Suarez &Munoz ToWN OF TiBURON PAGES OF 5 a. SMC Suarez & Munoz Construction, Inc. General Engineering and Landscape Contractors 2490 American Ave., Hayward, CA 94545 Lic. No. 873996, Class A, B, C8, C27 (510) 782-6065 (510) 782-6078 FAn N/la•ch 15, 2018 Mr. Patrick Barnes, P.I . Via Enwil:pbnri�es�i7low�roftiGur��r.orn Director oil'Public Works/Town Engineer Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Re: McKegney Field Improvements Town of Tiburon Project No.: 18-PK-03 Bid Opened: 3/8/18 Protest of Award Dear Mr. Barnes, On 3/8/18 at 2PIvI, the Town of Tiburon received and opened three bids for the IvlcKegney l'ield finprovement Project, and Suarez & Munoz Construction, Inc (SMC) was publicly disclosed as the lowest monetary bidder with the bid results read as follows: 1) Suarez & Munoz Construction, Inc.: $1,392,704 2) Bauman Landscape & Construction, Inc.: $1,439,743 3) Star CO1lstruCtl0n, Inc.: $1,545,656 Later that afternoon we received a voicemail from the Town statim that: "SMC was no longer the apparent lowest bidder and that Bauman Landscape & Construction, file (BLC) is currently the apparent low bidder."' The Town, later that evcnin&,, posted revised results on their website (refer to Exhibit A. attached) which revised the total bid by Bl_,C to $1,388,103, makingtheir bili $4,601 lower than ours. Upon review of BIX's Bid Proposal, it is clear they made a mistake on filling out.Bid ]tem No. 2 (Demolition, "Turf Removal) by including$20 in the unit 1)1'icC C01u111n, even though this is a EXHIBIT NO.,,,,_,_____ Lump Sum item. Prior to Addendum#2,the Bid Proposal listed this item as a Unit Price Item, with an Estimated Quantity of 2,585 CY(refer to Exhibit B, attached). Addendum No. 2 (Exhibit C, attached)changed Bid Item No. 2 from a Unit Price Item to a Lump Sum Item. The table below shows how Bid Item No. 2 was indicated before and after Addendum#2 Comments Item Description QTY Unit Unit Price Total Prior to Addendum Demolition,Turf #2 2 Removal 2,585 CY After Addendum Demolition,Turf #2 2 Removal 1 LS $51,700 After Bid Demolition,Turf Opening 2 Removal 1 LS �ZO X20 Although BLC used the correct Addendum#2 Bid Form,they appear to have not updated their internal estimating sheets to reflect Addendum#2,so when filling out the bid they erroneously entered$20/CY in the Unit Price column(Exhibit D, attached). Their mistake became obvious when we multiplied the original quantity of 2,585 CY x $20 =$51,700. However, as per Addendum#2, Item No. 2 is no longer a Unit Price Item, it is a Lump Sum Item. By definition of a Lump Sum item the Unit Price column should have been written as the same as the Lump Sum total, or alternatively as"Lump Sum,"or"LS"(using Caltrans standards). Although the Instructions to Bidders Section 3.02 E states that"discrepancies between the multiplication of units of work and unit prices will be resolved in favor of the unit prices,"this case does not involve a discrepancy of units of work and unit prices, since Addendum#2 changed Bid Item to a Lump Sum item, which,by definition, does not have a Unit Price. Bid Proposal forms for Caltrans for example,have the Unit Price column for Lump Sum items filled in with the words"Lump Sum"for clarity and to avoid the type of mistake BLC made on this bid (Exhibit E, attached). Per General Conditions, Section 1.02 A 5,the 2015 Caltrans Standard Specs are listed as a reference document for this project. Please refer to SMC's bid proposal (Exhibit G, attached)which has all Lump Sum Unit Price columns filled in as"LS"to avoid the types of clerical errors that occurred on BLC's Proposal. Also reference Exhibit E, attached, which shows Caltrans Bid Proposal instructions for Unit Price Items and Lump Sum Items. The intent of the language in Section 3.02E of the Instructions to Bidders is to resolve obvious mathematical errors when bidding unit price items. The Town is incorrectly interpreting the specs in this case since it is clear this is not a mathematical error, i.e. BLC did not think 1 x$20 = $51,700, and they did not intend for it to be 1 x$20=$20. By this same logic, in Addendum #2,the Town changed Bid Items 21 thru 23 from Lump Sum to Unit Price by changing the unit column to"Each" from "Lump Sum." If there were no difference between Lump Sum and Per Each, the Town would not have needed to make this change in Addendum fit (Exhibit C, attached). The Town did this to avoid a bidder having to perform the abnormal act of multiplying the L,u►l-rp Sum "quantity" by the Unit Price column. The Town correctly avoided this by making the changes Bid Items 21 thru?3 in Addendwn 112, but it is now doing precisely the same abnormal act in its post-bid revision ofBLC's Proposal. The"Town appears to have erroneously morphed this Lump Sum item into a combination Unit Price /Lump Sum ltcm and multiplied 1 LS x $20/CY to revise the Lump Sum amount to a total of$20. 'Twenty Dollars is very obviously not the correct amount for]Demolition and 'Turf It.emoval of approximately 195,000 Square Foot Field, BLC is a highly respected firm but it is obvious that the correct amount bid by BLC is what they wrote down as their Lump Sum amount of$51,700. If the Town insists on reconstructing BLC's bid by treating the Lump Sum item as a Unit Price item, this would basically be admitting that there was a material mistake in the bid. Public Contract Code Section 5103 allows a contractor to withdraw its bid if it made an error"in Filling out the bid," which would be the case here. If BL,C mistakenly misstated its bid, it could seek relief by giving the ']'own notice of that mistake. Consequently, 131-Cs ability to withdraw its bid without forfeiting its bond constitutes an unfair advantage and the Town cannot waive this irregularity. A bid of$20 for ail item that should be in the range of$50,000 - $100,000 does not reflect the reasonable actual costs that BLC anticipates for performance of thus item. Caltrans routinely rejects unbalanced bids in order to establish a fair bidding environment and avoid the problems inherent in an Unbalanced bid (Exhibit F, attached). In this example a bid of$20 is a factor of 2,500 — 5,000 times less than the range of the actual 13L.0 bid arul the SMC bid. Respectfully, we ask that the Town reconsider their initial interpretation of the Instructions to Bidders, and consider the specific concerns listed in this letter as well, on the grounds of basic logic, fairness, the requirements of Caltrans, the Public Contract Code and revert to the original Laid Results at the time of bid. For these reasons we protest award of'this contract to any contractor other than SMC. Sincerely, John Suarez, P.1?. Secretary/Treasurer Suarez & Munoz Construction, Inc. Ce: Mr. Mike Bauman, iitikeb((aI)attmrtitlnitd.eoin Mr. Ernest M. Isola, eisola a g srt xom \f,1 �--(--,�, C�)Q) �� Town of Tiburon Public Works Department Bid Opening for the McKegney Field Project DATE 3/8/2018, 2:001)m in the Town Council Chambers Engineer's Estimate: $1,000,000 to 1,100,000 Contractor Name: Total Bid in dollar amount: LA r)0 2 2�j ID 1; 10 > 3 Con sT R\Ac-r ko N S- 4 5 6 7 Lump Sums and Unit Prices are defined as Exhibit B - Original Bid separate items in the Schedule of Bid Prices. Proposal Form prior to Lump Sums do not have Unit Prices Addendum #2 SCHEDULE OF BID PRICES All Bid items, including lump sums, unit prices and alternates(if any), must be filled in completely. Bid items are described in Section 01 1100 (Summary of Work). Quote in figures only, unless words are specifically requested. ESTIMATED UNIT PRICE ITEM DESCRIPTION QUANTITY UNIT TOTAL Temporary Facilities, 1 Mobilization/Staking/ 1 LS SWPPP 2 Demolition, Turf Removal 2,585 CY In Addendum #2, Remove and Stockpile this item was 3 existingsand 1,100 CY changed to Lump 4 Soil Removal and Off-haul 1 Lump Sum 5 Rough Grading 1 Lump 6 Fine Grading 1 Lump 7 Irrigation-POC, BFP, & 1 Lump Enclosure Irrigation-Distribution 8 S 1 Lump System 9 Irrigation-Adjust Existing 1 Lump Irrigation New Sand Section 10 (exclusive of salvaged 3,390 ton sand 11 Reinstall Salvaged Sand 1,375 ton Section 12 Perforated Drainage Lines 2,800 LF 13 Cleanouts 10 EA 14 Solid Drainage Lines 230 LF 15 Sod Turf 175,625 SF 16 Soil Preparation 59,958 SF 17 1 Gal. Plants 365 EA 18 2" Plant Containers 5,400 EA (Liners) 19 Mulch 155 CY 20 Wood Header 465 LF Notice Inviting Bids 004113-2 McKegney Field Improvements 21 Energy Dissipators 3 Lump Sum In Addendum #2 22 Concrete Catch Basins 2 Lump Sum these Items were Concrete Catch Basin Change to Unit 23 Extension 1 Lump Sum Price "per Each" 24 60 Day Maintenance 1 LumpSum Period TOTAL TOTAL BASE BID $ PRICE Total Bid Price: (Indicate Bid Price in Words) BID ALTERNATE DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE NO. QUANTITY FOR BID ALT. Porous Inorganic Soil Amendments at Sand Turf, 1 (less cost of sand displaced 1 LS by Inorganic Soil Amendment 2 Concrete Header(less cost 465 LF of wood header) 3 Post and Rail Fencing 655 LF 5. The undersigned acknowledges that the Apparent Low Bidder will be determined as provided in Documents 00 1113 (Notice Inviting Bids) and Document 00 2113 (Instruction to Bidders). 6. Subcontractors for work are listed on Document 00 4314(Subcontractors List), submitted herewith. 7. The undersigned Bidder understands that Owner reserves the right to reject this Bid. 8. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in Paragraph 2 of this Document 00 4113 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00 2113(Instructions to Bidders)within the times specified therein. 9. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below. 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00 2113 (Instructions to Bidders), in the amount of ten percent (10%) of the Total Bid Price and made payable to the TOWN OF TIBURON. Notice Inviting Bids 004113-3 McKegney Field Improvements ADDENDUM Exhibit C, Addendum #2 February 28, 2018 McKegney Field Improvements Project# 18-PK-03 Town of Tiburon Addendum #2 Item Description 1. Project Manual, Bid Form Replace Schedule of Bid Prices, with Attachment `1', `Schedule of Bid Prices'. Quantities and/or Unit descriptions for items 2, 10, 11, 21, 22, 23 were revised, (revisions made are in bold font). Dated: February 28, 2018 Patrick Barnes, P.E, Director of Public Works Town of Tiburon Addendum#2,Town of Tiburon,McKegney Field Improvements Page 1 of 1 Lump Sums and Unit Prices are defined as separate items in the Schedule of Bid Prices. �ump Sums do not have Unit Prices SCH ULE OF ID PRICES (ADDENDUM 2,ATTACHMENT 1) All Bid items, including lump sums, unit prices and alternates(if any), must be filled in completely. Bid items are described in Section 01 1100 (Summary of Work). Quote in figures only, unless words are specifically requested. ESTIMATED UNIT PRICE ITEM DESCRIPTION QUANTITY UNIT TOTAL Temporary Facilities, 1 Mobilization/Staking/ 1 LS SWPPP 2 Demolition, Turf Removal 1 Lump This Addendum #2 Remove and Stockpile 1100 CY changes Bid Item 3 existing , sand #2 to Lump Sum Item 4 Soil Removal and Off-haul 1 Lump 5 Rough Grading 1 Lump 6 Fine Grading 1 Lump 7 Irrigation-POC, BFP, & 1 Lump p 8 Irrigation-Distribution 1 Lump System 9 Irrigation-Adjust Existing 1 Lump Irrigation New Sand Section 10 (exclusive of salvaged 2,700 CY sand 11 Reinstall Salvaged Sand 1,100 CY Section 12 Perforated Drainage Lines 2,800 LF 13 Cleanouts 10 EA 14 Solid Drainage Lines 230 LF 15 Sod Turf 175,625 SF 16 Soil Preparation 59,958 SF 17 1 Gal. Plants 365 EA 18 2" Plant Containers 5,400 EA (Liners) 19 Mulch 155 CY 20 Wood Header 465 LF Notice Inviting Bids 004113 -2 McKegney Field Improvements 21 Energy Dissipators 3 Each This Addendum #2 22 Concrete Catch Basins 2 Each Changes these items from Lump 23 Concrete Catch Basin 1 Each Sum to Unit Price Extension 24 60 Day Maintenance 1 LumpSum Period TOTAL TOTAL BASE BID $ PRICE Total Bid Price: (Indicate Bid Price in Words) BID ALTERNATE DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE NO. QUANTITY FOR BID ALT. Porous Inorganic Soil Amendments at Sand Turf, 1 (less cost of sand displaced 1 LS by Inorganic Soil Amendment 2 Concrete Header(less cost 465 LF of wood header) 3 Post and Rail Fencing 655 LF 5. The undersigned acknowledges that the Apparent Low Bidder will be determined as provided in Documents 00 1113 (Notice Inviting Bids)and Document 00 2113 (Instruction to Bidders). 6. Subcontractors for work are listed on Document 00 4314(Subcontractors List), submitted herewith. 7. The undersigned Bidder understands that Owner reserves the right to reject this Bid. 8. If written notice of the acceptance of this Bid, hereinafter referred to as Notice of Award, is mailed or delivered to the undersigned Bidder within the time described in Paragraph 2 of this Document 00 4113 or at any other time thereafter before it is withdrawn, the undersigned Bidder will execute and deliver the documents required by Document 00 2113(Instructions to Bidders)within the times specified therein. 9. Notice of Award or request for additional information may be addressed to the undersigned Bidder at the address set forth below. 10. The undersigned Bidder herewith encloses cash, a cashier's check, or certified check of or on a responsible bank in the United States, or a corporate surety bond furnished by a surety authorized to do a surety business in the State of California, in form specified in Document 00 2113 (Instructions to Bidders), in the amount of ten percent (10%) of the Total Bid Price and made payable to the TOWN OF TIBURON. Notice Inviting Bids 004113-3 McKegney Field Improvements SCHEDULE OF BID PRICES (ADDENDUM 2,ATTACHMENT 1) All Bid items,including lump sums,unit prices and alternates(if any),must be filled in completely. Bid items are described in Section 01 1100(Summary of Work). Quote in figures only, unless words are specifically requested. ESTIMATED UNIT PRICE ITEM DESCRIPTION QUANTITY UNIT TOTAL Temporary Facilities, 1 Mobilization/Staking/ 1 LS SWPPP 2 Demolition,Turf Removal 1 Lump 69 3 Remove and Stockpile 1,100 CY AP �h existin sand V 4 Soil Removal and Off-haul 1 Lump 5 Rough Grading 1 Lump 6 Fine Grading 1 Lump 7 Irrigation-POC, BFP, & 1 Lump t Enclosure 8 Irrigation-Distribution 1 Lump Coo System W Irrigation-Adjust Existing 9 Irrigation 1 Lump New Sand Section 10 (exclusive of salvaged 2,700 CY '" o Q,Q sand) (l/ V t 11 Reinstall Salvaged Sand 1,100 CY �✓�i Section v 12 Perforated Drainage Lines 2,800 LF 13 Cleanouts 10 EA 14 Solid Drainage Lines 230 LF SCJ t 15 Sod Turf 175,625 � SF� 16 Soil Preparation 59,958 SF 17 1 Gal. Plants 365 EA 18 2"Plant Containers 5,400 EA (Liners) 19 Mulch 155 _ CY 20 Wood Header 465 LF 10 Notice Inviting Bids 004113-2 McKegney Field Improvements CALTRANS 4 a STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION BID FOR Exhibit E - Typical Caltrans Bid Proposal. The majority of their bids have this same CONSTRUCTION ON STATE HIGHWAY IN format and requirements for SOLANO COUNTY FROM CARQUINEZ BRIDGE TO YOLO COUNTY LINE Lump Sum vs. Unit Price In District 04 on Route 80 items. UNDER Notice to Bidders and Special Provisions dated February 12, 2018 Project plans approved December 28, 2017 Standard Specifications dated 2015 Standard Plans dated 2015 Identified by Contract No. 04-OQ5104 04-Sol-80-0.0/44.7 Project ID 0418000110 Bids open Thursday, March 8, 2018 Dated February 12, 2018 AADD -------------------------------------------------------------------------------- Contract No. 04-OQ5104 Page 1 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Contract No. : 04-OQ5104 Project ID: 0418000110 Bidder Name: Chrisp Company Bidder ID: VC0000018985 BID TO THE DEPARTMENT OF TRANSPORTATION DES-OE-0102. 1 Name of Bidder Chrisp Company C's t"6 Bidder ID VC0000018985 �~ Business Street Address 43650 Osgood Road ep (Include even if P.O. Box is used) Business P.O. Box G•� City, State, Zip Fremont, CA, 94539 Telephone No. 5106562840 Fax No. 5106562397 Contractor License No. 374600 California Department of Industrial Relations Registration number 1000000306 Checksum PEA761DF 1. Bidder agrees, if this bid is accepted, to enter into a contract with the Department, in the form included in the Standard Specifications, to perform the work provided in the Contract under the terms of the Contract for the price or prices bid. For a lump sum or unit price based bid, Bidder additionally agrees to perform the work within the number of working days shown on the Notice to Bidders. For a cost plus time based bid on a contract without a plant establishment or permanent erosion control establishment period, Bidder additionally agrees to perform the work within the number of working days bid. For a cost plus time based bid on a contract with a plant establishment or permanent erosion control establishment period, Bidder additionally agrees to perform the non-establishment work within the number of working days bid for non-establishment work. 2. 1. If a discrepancy between the unit price and the item total exists, the unit price prevails except: 2. 1.1. If the unit price is illegible, omitted, or the same as the item total, the item total prevails and the unit price is the quotient of the item total and the quantity. 2. 1.2. If a decimal error is apparent in the product of the unit price and the quantity, the Department will use either the unit price or item total based on the closest by percentage to the unit price or item total in the Department's Final Estimate. 2 .2. If the unit price and the item total are illegible or are omitted, tha bid may be determined nonresponsive. If a lump sum total price is illegible or is omitted, the bid may be determined nonresponsive. 2.3. Bids on lump sum items are item totals. If a unit price for a lump sum item is entered and it differs from the item total, the item total prevails. ntries are to be expressed in dollars or decimal fractions of a dollar. Symbols such as commas and dollar signs are ignored and have no significance in establishing unit price or item total. Item Total Prevails on Lump Sum Items 2 .5. Unit prices and item totals are interpreted by the number of digits and decimal placement. Do not round item totals or the total bid. 2. 6. For a lump sum based bid, the item total is the bid amount the Department uses for bid comparison. For a unit price based bid, the sum of the item totals is the bid amount the Department uses for bid comparison. For a cost plus time based bid, the sum of the item totals and the total bid for time is the bid amount the Department uses for bid comparison. 2 . 7 . The Department's decision on the bid amount is .final. 3. Bidder has and acknowledges the following addenda: 0 4. Bidder submits this bid with one of the following forms of bidder's security equal to at least 10 percent of the bid, including any additive items: Electronic Bidder's Bond 5. Bidder's signature is an affirmation of the included certifications. Bidder is cautioned that making a false certification may result in one or more of the following: 5. 1. Criminal prosecution 5 . 2 . Rejection of the bid 5 .3 . Rescission of the award 5 . 4 . Termination of the Contract PRINTED NAME:David L. Morris AND TITLE OF PERSON SIGNING:Vice President BY (Authorized signature) DATE SIGNED( Do not type) --------------------------------------------__---------------------------------- Contract No . 04-OQ5104 Page 3 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Contract No. : 04-OQ5104 Project ID: 0418000110 Bidder Name: Chrisp Company Bidder ID: VCO000018985 +------------------------------------------------- - - - - -- - - - -------------+ I I I I Estimatedl I Item I Item I Item I Quantityl Unit Price I Item Total I No. I Code I Description (Unit of I i I I I I IMeasure I 1 ! ------------------------------------------------ --------------- ----------_--_- 1 1070030 LEAD COMPLIANCE I I I 11 IPLAN I LUMP SUM I LUMP SUM 1, 500.001 1 1 1 LS I I I ------------------------------------------------ --------------- --------------- 1 1120090 CONSTRUCTION 1 I 1 12 (AREA SIGNS I LUMP SUM I LUMP SUM I 15, 000.001 I I I LS I I I +------------------------------------------------ ---------------- -------------+ 1 1120100 TRAFFIC CONTROL I 1 1 13 ISYSTEM I LUMP SUM I LUMP SUM 277, 258.001 1 1 1 LS I I +----------------------------------------------- ---------------- -------------+ 1 1128652 PORTABLE I I 1 1 14 ICHANGEABLE MESSAGE SIGN I LUMP SUM I LUMP SUM 1 18,000.001 1 I (LS) I LS I I ------------------------------------------------ --------------- ____---_------+ 1 1130100 JOB SITE I I 1 15 IMANAGEMENT I LUMP SUM I LUMP SUM 20,000.001 1 1 I LS I I I +---------------------------------------------------- - -------------------------------- 1 1130200 PREPARE WATER I 1 1 16 ( POLLUTION CONTROL I LUMP SUM I LUMP SUM 1, 200.001 1 ( PROGRAM I LS I I +----------------------------------------------- --------------- --------------+ 1 1130730 STREET SWEEPING 1 I 1 17 I I LUMP SUM I LUMP SUM 1 180, 500.001 1 1 1 LS I I I ------------------------------------------------ -- - -- - - - - --------------+ 1 1141103 REMOVE YELLOW I I I I 18 ITHERMOPLASTIC TRAFFIC 1 329, 800.01 0.301 98, 940.001 1 ISTRIPE (HAZARDOUS WASTE) ILF I I I +------------------------------------------------------- ----------------------+ 1 1810120 REMOVE PAVEMENT i I I I 19 IMARKER 1 142, 000.01 0. 601 85, 200.001 1 1 I EA I Lump Sum Items I +------------------------------------------------ have Unit Price ---------------- 1 1810230 PAVEMENT MARKER I I I 110 I (RETROREFLECTIVE) 1 53, 900.01 Column pre-filled 215, 600.001 J I 1 EA I out with the words I ------------------------------------------------ "LUMP SUM" to __-____-_------+ 1 1840621 6" THERMOPLASTICI I avoid any I 111 { TRAFFIC STRIPE (ENHANCED► 101500,01 unnecessary 8, 400.001 I I WET NIGHT VISIBILITY) I I mistakes/typos I I ► (BROKEN 17-7) ILF I I +------------------------------------------------------------------------------+ --------------------------------------_------------------_---_-------------__---------- Contract No. 04-OQ5104 Page 4 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Contract No. : 04-OQ5104 Project ID: 0418000110 Bidder Name: Chrisp Company Bidder ID: VC0000018985 +------------------------------------------------------------------------------+ I I I I Estimatedl I I I Item 1 Item I Item I Quantityl Unit Price I Item Total I 1 No. 1 Code I Description (Unit of I I I I I I [Measure I i I +------------_-----------------------------------------------------------------_-----+ 1 1840623 6" THERMOPLASTICI I 1 1 112 (TRAFFIC STRIPE (ENHANCED[ 1, 050,700.01 0.801 840, 560.001 1 IWET NIGHT VISIBILITY) I I I I I ( (BROKEN 36-12) ILF I +------------------------------------------------------------------------•-------+ 1 1034694 2" PAINT TRAFFICI I 1 1 113 (STRIPE (2-COAT) 1 10, 000.01 0.351 3, 500.001 1 1 ILF I I I +-------------------------------------------------------------------------------+ I 1034695 6" PAINT TRAFFICI I 1 1 114 ( STRIPE (2-COAT) 1 14,200.01 0. 601 8,520.001 1 f ILF I I I +----------------------------------_-___------___--------------------_-___---------_--+ 1 1846007 6" THERMOPLASTICI I 1 1 115 ITRAFFIC STRIPE (ENHANCED[ 658, 900.01 0.951 625, 955.001 1 IWET NIGHT VISIBILITY) ILF I I I +--------------------------------------- -----------------------_--_------------------+ 1 1846009 8" THERMOPLASTICI I 1 1 116 (TRAFFIC STRIPE (ENHANCED[ 68, 400.01 1.501 102, 600.001 1 IWET NIGHT VISIBILITY) ILF I I I ------------------------------------------------_-_-------------------------------+ I 1846010 8" THERMOPLASTICI I 1 1 117 ITRAFFIC STRIPE (ENHANCED[ 21, 600.01 1 .501 32, 400.001 1 IWET NIGHT VISIBILITY) I I I I I I (BROKEN 12--3) ILF I I I +_---------_-----...__...-------------------------_______------------------------------+ 1 1846030 REMOVE I I 1 1 118 (THERMOPLASTIC TRAFFIC 1 668, 000.01 0.261 173, 680.001 1 (STRIPE ILF I I I ------------------------------------------------ - - -- - - ,._.. - -------------+ 1 1999990 MOBILIZATION I 1 119 1 I LUMP SUM LUMP SUM 195, 000.001 f i i LS i +---------------------------------------------- - ---_------_--_-+ I I ( I I I Total Bial 1 $2, 903, 813. 00 1 +-----------_--------------------------------------------------------------------+ -----------------------__---------------------_-_-------------------------------- Contract No. 04-OQ5104 Page 5 5.1AIt, IDSIN t-M RALISTOR')A11t1_A<„tl N(.t--- _. _.__.__ _.-- 6}) l!N.;{l li 1,3(�{)WN)c_((ycl)L r DEPARTMENT OF TRANSPORTATION DIVISION OF 1NGIM"'F.RING SERVICES '► OFFICE ENGINE-E-R, MS 43 Exhibit E - 1727.10"'STRUT Unbalanced Bid P.C). BOX 168041 flex your prruver` 4ACRAMEN` O.CA 95816-8641 Rejected by Beerrsr,g e.�rcrent? P1 IONE (916)227-6300 Caltrans FAX (916)227-6282 'ITY 711 2�71 November 17, 2011 Facsimile: (559) 322-(mo9 Karry Wendel, Owner 04-4A8824 Clear Cut Landscape 04-Son-128-17.3/21.7 8406 N. Armstrong Ave. 13.0. 10/19/2011 Clovis,CA 93619 Dear Mr. Wendel: Bids on Contract 04-253764 were opened on October 19, 2011. Clear Cut Landscape (CCI_.) submitted the low bid amount on this contract. As part of the contract award process, the Department examines the bids submitted to determine whether a bid is materially and /or mathematically unbalanced to the detriment of the State. In its examination of CCL's bid,the Department has determined that there is obvious unbalancing as follows: —Item Second law No Item Description CCL's Bid Bid $49,000 $93,770 19Plant Establishment Work (lump sum) (lump sum) ---------------_......._._..,.. _ $112,000 $7,207 26 Mobilization (lump sum) (lump sum) Based on the information above,the Department finds: 1. CCL's bid price for Item 19 and 26 is not reasonable conformance with the other bids. 2. This project is an environmental mitigation project, and successful plant establishment work is critical to achieve good plant establishment and cover and is necessary for compliant report to permitting agencies. 3. Awarding this contract to CCL would be unfair to the other bidders who developed their bids (on item 19 and 26) based on realistic labor and material costs involved in the items. "C'alUaits iurynoves ntitliltn'<reros.�Ctrlt(nnuu., Mr. Wendel November 17, 2011 Page 2 Based on the above, the Department determines that CCUs bid is materially unbalanced, The Department therefore rejects CCL's bid in conformance with Section 2-1.10, "Disqualification of Bidders", of the Standard Specifications. The Department will be returning this project to the District for re advertisement since there are no qualified bidders. If you have any questions, please contact Loren Newell, Contract Awards Branch Chief, at (916) 227-6285. Sincerely, -1O1IN McM ILLAN Deputy Division Chief Office Engineer Division of Engineering Services "Cahrons impt-ores mobdill,acrws Califiwnja SCHEDULE OF BID PRICES (ADDENDUM 2, ATTACHMENT 1) All Bid items, including lump sums,unit prices and alternates(if any), must be tilled in completely. Bid items are described in Section 01 1100 (Summary of Work). Quote in figures only, unless words are specifically requested. ESTIMATED UNIT PRICE ITEM DESCRIPTION QUANTITY UNIT TOTAL Temporary Facilities, 1 Mobilization/Staking/ 1 LS ~�� 000r-- SWPPP 2 Demolition, Turf Removal 1 Lump �- 100, 000 - 3 Remove and Stockpile 1,100 CY , t } existin sand -4 Soil Removal and Off-haul 1 Lump L-5 /nc opo- 5 Rough Grading 1 Lump LISA Gbo. 6 Fine Grading 1 Lump LI-S jS Oac) 7 Irrigation-POC, BFP, & 1 Lump (os Enclosure opG Irrigation- Distribution 8 System 1 Lump (v per"'' 9 Irrigation-Adjust Existing 1 Lump LIS ��® Irrigation New Sand Section 10 (exclusive of salvaged 2,700 CY 99 3� S ~ sand) 11 Reinstall Salvaged Sand 1,100 CY I 1 j, 2,po ^°-' Section 12 Perforated Drainage Lines 2,800 LF 13 [Cleanouts 10 EA C/ 000.-- 14 Solid Drainage Lines 230 LFA /// 73o - 15 // "7'3O - 15 Sod Turf 175,625 SF / 7 g'" 4;2J' 16 Soil Prep ration 59,958 SF 0> Lo a 97? 17 1 Gal, ants 365 EA /2 . 6 �76 -~ 18 21' PI j Containers 5,400 EA c2 71 Line s steal! wnS Mu h 155 CY l06 — 7rr 5,0Dduan-! aol uwn!oo ao!ad i!un u! „Si„ - ood Header 465 LF c�0 - Notice Inviting Bids 004113-2 McKegney Field Improvements sao!ad P!8 ONS '!D j!q gxEl �`— --/ u ,/ 22 Concrete Catch Basins 2 Each 000— tw 23 Concrete Catch Basin 1 Each Extension '( 006 — ow 24 60 Day Maintenance I Lump Sum 000— Period TOTAL TOTAL BASE BID $ )o PRICE Total Bid Price: (94e 611'111 �Pj (Indicate Bid Price in Words) V t1V BID ALTERNATE DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE NO, QUANTITY FOR BID ALT. Porous Inorganic Soil Amendments at Sand Turf, 1 (less cost of send displaced I LS by Inorganic Soil 2 Concrete Header(less cost 465 LF of wood header) I 3 Post and Rail Fencing 655 LF Ei The undersigned acknowledges that the Apparent Low Bidder will bodetermined ae provided in Documents 00 1113 (Notice Inviting Bids) and Document 00 2113 (Instruction to Bidders). 6. Subcontractors for work are listed on Document 00 4314(Subcontractors List),submitted herewith. 7. The undersigned Bidder understands that Owner reserves the right to reject this Bid. 8. If written notice of the acceptance of this 8id, hereinafter referred to as Notice of Award, is mailed o/ delivered to the undersigned Bidder within the time described in Paragraph 2 of this Document DO4113oratany other time thereafter before itiuwithdrawn, the undersigned BiddarwU| nxoouta and deliver the documents required by Document 00 2113(Instructions to Bidders)within the times specified therein. 0. Notice of Award or request for additional information may be addressed to the undersigned Bidder o!tile address set forth below. 10. The undersigned Bidder herewith ono|uouo oaoh, o cashier's chaok, orcertified check oforon o responsible bank inthe United States, urocorporate bond furnished byasurety authorized to do o surety business in the State of California, in form specified in Document 00 2113 (Instructions to Biddaru), in the amount of ten percent (10%) of the Total Bid Phuo and made payable tothe TOWN OFTlBURON, Notice Inviting Bids 004113' 8 K4cKegnoyField Improvements BAUMAN LANDSCAPE CONSTRUCTION GENERAL SITEWORK March 16. 2018 Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Attn: Patrick Barnes, Director of Public Works RE: McKegney Field Improvements,Town of Tiburon- Response to Bid Protest by Suarez&Munoz Mr. Barnes, Bauman Landscape and Construction Inc. is in receipt of the bid protest filed by Suarez and Munoz for the McKegney Field Improvements. The following is our response: In the Instruction to Bidders,section 3.02E, it clearly states that unit prices prevail over totals. Bauman Landscape does not plan on claiming any errors in our bid and is comfortable with our total bid. Suarez and Munoz reference Caltrans specifications in their protest, however specification section 014100 Regulatory Requirements,section 1.02 B, clearly states that the contract specifications take precedence over any other document. Should you have any questions, please feel free to call us. Si Merely, s AngkBaan Corporate Secretary is i I; 1255 Battery St.,Suite 400,San Francisco CA 94111 PH:415-447-4800 FAX:415-447-4258 ®� An Equal Opportunity Employer EXHIBIT 1�i'r TOWN OF TIBURON Town Council Meeting • � r 1505 Tiburon Boulevard March 21, 2018 Tiburon, CA 94920 Agenda Item: PH-1 STAFF REPORT To: Mayor and Members of Town Council From: Town Manager Town Attorney Subject: Vir inia Undergrounding District-Public Hearing and Ballot Tabulation Reviewed By: BACKGROUND In 2017, property owners on a portion of Virginia Drive submitted petitions to form a utility undergrounding district(The District). A boundary map of The District is attached as Exhibit 1. On May3, 2017 the Town Council unanimously passed Resolution No. 10-2017 which, in addition to indicating Town's intent to form The District, did the following: • Approved the Preliminary Boundary Map for The District • Appointed Stradling, Yocca, Carlson and Routh as Bond Counsel, and Samuel Sperry as advisory Bond Counsel for The District • Appointed Harris and Associates as Assessment Engineer for the project. • Directed the Assessment Engineer to prepare a Preliminary Engineer's Report with certain information including the following: o Preliminary plans and specifications for the improvements. o An estimate of the costs of the improvements. o The proposed assessment to each of the parcels within The District based on the direct and special benefit received by each parcel from the improvements. o The assessment diagram depicting the boundaries of The District and the parcels to be assessed. On January 7, 2018, Council considered the Draft Preliminary Engineer's Report for the project. After receiving a staff presentation, conducting a public hearing and deliberating, Council adopted Resolution No. 03-2018, which approved the Preliminary Engineer's Report and fixed March 21, 2018 at 7:30 p.m. at Town Hall as the time and place of hearing protests and objections to The District as proposed and count the ballots for and against the proposed assessments to be levied. A copy of the adopted Resolution from the January 7, 2018 meeting is attached hereto as Exhibit 2. Consistent with Resolution No 03-2018, the Town Clerk caused notice to be given of the time and place of tonight's hearing. Likewise, the Town Clerk caused the mailing of the proposed March 71,201 assessments and ballots to the Property Owners on January 26, 2018, more than the required 45 days prior to tonight's hearing. For ballots received prior to tonight's public hearing, the Town Clerk has kept such ballots in a secure location, and they have not been opened. Finally, consistent with the Town's adopted policy, on March 5, 2018, the Town, Sperry Capital, and the Assessment Engineer met with the property owners to provide an update on project, and to discuss financing of the proposed improvements. DISCUSSION After the January 7, 2018 meeting, the District Engineer prepared the Final Engineer's Report, and attached hereto as Exhibit 3 is the Final Engineer's Report that sets forth the description of the improvements to be constructed, the cost estimate, the assessment for each parcel, the boundary map and the assessment diagram. At tonight's meeting, the Council will open the public hearing to listen to any public comment for or against the District and will then announce prior to the close of the public hearing that any remaining votes, or requests to change previously submitted voted, be submitted to the Town Clerk. Upon the close of the public hearing,property owners will no longer be able to vote on the District, and the Council will call for the tabulation of ballots. The Town Clerk will open and count the ballots, with ballots being weighted on dollars assessed. If based on the ballots cast and the required weighting of the ballots the majority of the votes are against the proposed assessments, the proceedings must be abandoned, and the Council will adopt the Resolution Declaring the Abandonment of Proceedings attached hereto as Exhibit 4. If there is no majority protest, and the Council concurs with the assessments, the Council will adopt the Resolution Confirming Assessments attached hereto as Exhibit 5. The Town will then promptly record a notice of assessment for all of the individual parcels assessed and there will be a 30-day opportunity for any property owner to prepay their assessment. There will also be a second 30-day period to prepay assessments which will occur immediately prior to the sale of the bonds. ENVIRONMENTAL This project was deemed categorically exempt under CEQA and filed September 22, 2017. RECOMMENDATION After hearing a presentation from staff and answering any questions, Council should open the public hearing to allow public testimony on this item. Upon closing the public hearing, the Council should direct the Town Clerk to tabulate the ballots. If a majority protest is received, the Council must adopt the attached Resolution Declaring the Abandonment of Proceedings for Assessment District No. 2017-2. If there is no majority protest, the Council has the following options: 1. Move forward with the District by adopting the Resolution Making Determinations, Confirming Assessments and Proceedings and Designating the Superintendent of Streets to Collect and Receive Assessments and to Establish a Special Fund for Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District); i)w)1 C.ULII1t'fi 2. Abandon the undergrounding District by adopting the Resolution Declaring the Abandonment of Proceedings for Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District). EXHIBITS 1. Proposed Boundary Map for Proposed Undergrounding 2. Resolution from the January 7,2018 3. Final Assessment Engineer's Report 4. Draft Resolution to Abandon 5. Draft Resolution Confirming Assessments Prepared By: Greg Chanis,Town Manager O Ld 7 U 1.FILED IN THE OFFICE OF THE TOWN CLERK OF THE TOWN OF TIBURON THIS DAY OF , 2017. D � icy t— w F- TOWN CLERK O 2 NTENAYA DRIVE 2.1 HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSED BOUNDARIES OF HAWTHORNE TERRACE UNDERGROUND DISTRICT, TOWN OF TIBURON, COUNTY OF MiARIN, STATE OF CALIFORNIA, WAS APPROVED BY THE TOWN COUNCIL OF THE TOWN OF TIBURON, AT A MEETING STEWART DRIVE THEREOF, HELD ON THE DAY OF 2017, BY ITS RESOLUTION NO. 055–pg1-03 055�pg1/p1 055– TOWN CLERK 055-091-06 C)55- 055-091-04 091-05 055—091-07 055-091-09 055-091–OS 3,FILED THIS DAY OF 2017, AT THE HOUR 055-091-11 055-091-10 OF O'CLOCK _M., IN BOOK OF MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS AT PAGE 0� IN THE OFFICE OF THE COUNTY RECORDER IN THE 055,092 COUNTY OF MARIN, STATE OF CALIFORNIA. W p55'0g2/p2 > VIRGINIA DRIVE 2 03 p55-09 – 0 055- 0 07 055-092-06 055` p92-05 Q 092– COUNTY RECORDER, W055-092-11 055-092-10 055-092-09 055-092-08 055– COUNTY OF MARIN F-- (n TIBURON BOULEVARD PROPOSED BOUNDARIES OF VIRGINIA DRIVE UNDERGROUND DISTRICT GRAPHIC SCALE TOWN OF T13UROK COUNTY OF MARIN o ' ° "° =w 1 1 STATE OF CALIFORNIA ( IN FEET) 1 inch = 80 ft ■ m ASSESSMENT DISTRICT BOUNDARY REFERENCE IS HEREBY MADE TO THE MAPS OF RECORD IN THE OFFICE OF THE ASSESSOR OF Harris & Associates PARCEL UNE THE COUNTY OF MARIN FOR A DETAILED DESCRIPTION OF THE LINES AND DIMENSIONS OF ANY 1401 Willow Pass Rd,Concord CA.94520 TOWN LIMITS PARCELS SHOWN HEREIN, WHICH MAPS SHALL GOVERN FOR ALL DETAILS CONCERNING THE LINES hards-assoc.com (925)827-4900 xxx–xxx–xx ASSESSOR PARCEL NUMBER AND DIMENSIONS OF SUCH PARCELS. ow,e. MAY 2017 SH— 1 °F 1 EXHIBIT ISO. RESOLUTION NO. 03-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PRELIMINARILY APPROVING THE ASSESSMENT ENGINEER'S REPORT AND FIXING THE TIME AND PLACE OF THE PUBLIC HEARING FOR TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-2 (VIRGINIA DRIVE ASSESSMENT DISTRICT) WHEREAS, by Resolution No. 10-2017 (the"Resolution of Intention") in the proceedings for the formation of Town of Tiburon Assessment District No. 2017-2 (Virginia Drive Assessment District)(the"Assessment District")this Town Council ordered a report(the"Report")prepared by Harris&Associates(the "Assessment Engineer") in accordance with the provisions of the Municipal Improvement Act of 1913 (the"1913 Act")to include the information required by Section 10204 of the Streets and Highways Code, and in accordance with Part 7.5 of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Streets and Highways Code Section 2960 et seq. (the "1931 Act")and to include the information required by Streets and Highways Code Section 2961; and WHEREAS, the Assessment Engineer has prepared the Report which includes the information required under the 1913 Act and the 1931 Act and filed it with the Town Clerk, and the Report has been presented to this Town Council for consideration; and NOW, THEREFORE, The Town Council of the Town of Tiburon does hereby find, order and resolve as follows: SECTION 1. The above recitals, and each of them, are true and correct. SECTION 2. The Report is preliminarily approved, and the Town Clerk is directed to endorse the fact and date of such approval on the Report and to file the Report in her office. The Report shall stand as the report for the purpose of Section 10204 of the Streets and Highways Code and for all subsequent proceedings under the 1913 Act and Article XIIID of the California Constitution ("Article XIIID"), except that it may be conformed, modified or corrected as provided in the 1913 Act and Article XIIID. SECTION 3. Pursuant to Section 2961 of the Streets and Highways Code and based on the information set forth in the Report, this Town Council finds that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, other than contemplated by the present proceedings, plus the principal amount of the special assessment proposed to be levied in the instant proceedings, do not exceed one-half of the total value of the parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of Section 2961. SECTION 4. A public hearing shall be held on March 21, 2018 at 7:30 p.m. at the regular meeting place of the Town Council at Town Hall Council Chambers, 1505 Tiburon Boulevard, Tiburon, California 94920 to hear and consider protests and objections to the proposed Assessment Page 1 of 2 Tiburon Town Council Resolution No. 03-2018 01/17/2018 EXHIBIT N®. 2, District and the Report and to receive and count the ballots for and against the proposed Assessment District. SECTION 5. At least 45 days prior to the public hearing referred to in Section 4 hereof, the Town Clerk shall cause a notice of the public hearing referred to in Section 4 hereof to be mailed, postage prepaid, to all persons owning real property proposed to be assessed and whose names and addresses appear on the last equalized County of Marin assessment roll or the State Board of Equalization assessment roll, as the case may be. Such notice shall conform in all respects to the provisions of Section 53753 of the California Government Code and Section 4 of Article XIIID. SECTION 6. Not later than fifteen (15) days following the adoption of this Resolution, the Town Clerk shall cause a copy of the map of the proposed boundaries of the Assessment District to be recorded in the Office of the County Recorder for the County of Marin in accordance with the requirements of Section 3111 of the Streets and Highways Code. SECTION 7. This Resolution shall take effect immediately upon its passage. SECTION 8. The Town Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on this 17th day of January, 2018, by the following vote: AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik NAYS: COUNCILMEMBERS: None DISQUALIFIED: COUNCILMEMBERS: Thier ABSENT: COUNCILMEMBERS: One Vacant Seat JIM FRASER, Mayor ATTEST: LEA STEFANI,Town Clerk Page 2 of 2 Tiburon Town Council Resolution No. 03-2018 01117/2018 qG ENGINEER'S REPORT Assessment District No. 2017-2 (Virginia Undergrounding District) Prepared under the provisions of the Municipal Improvement Act of 1913 Forthe TOWN OF TIBURON County of Marin, California February 5, 2018 Harris & Associates EXHIBIT NO. 3 Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report TABLE OF CONTENTS Page Introduction and Certifications............................................................................................ I PART I Description of Improvements...........................................................................7 PARTII Cost Estimate.....................................................................................................8 PART III Method of Assessment Spread and Assessment Roll.....................................9 Exhibit 1 - Assessment Roll..............................................................................22 Exhibit 2 - Debt Limit Valuation......................................................................26 PART IV Annual Administrative Assessment...............................................................27 PART V Boundary Map and Diagram of Assessment District..................................28 PART VI Description of Facilities..................................................................................29 Right-of-Way Certificate..................................................................................30 Certification of Completion of Environmental Proceedings ............................31 APPENDICES A. Assessment Calculations B. Assessment Diagram Harris &Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 1 AGENCY: TOWN OF TIBURON PROJECT: ASSESSMENT DISTRICT NO.2017-2 TO: TOWN COUNCIL ENGINEER'S "REPORT"PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE The purpose of this Assessment District is to provide financing to underground power,telephone and cable facilities along a portion of Virginia Drive within the Town of Tiburon. The proposed underground utility improvements will provide conversion to an upgraded utility system and will enhance neighborhood aesthetics, safety and reliability. The construction of these improvements will conform to existing Town of Tiburon, Pacific Gas and Electric, AT&T and Comcast Communications standards. The proposed improvements are of special and direct benefit to the properties within the boundary of the proposed Assessment District to the extent described herein. Pursuant to the provisions of Article XIIID of the State Constitution, Part 7.5 of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California,and the"Municipal Improvement Act of 1913", being Division 12 of said Code, and the Resolution of Intention, adopted by the Town Council of the TOWN OF TIBURON, State of California, in connection with the proceedings for Assessment District No. 2017-2 (Virginia Undergrounding District) (hereinafter referred to as the "Assessment District"), I, K. Dennis Klingelhofer, P.E., a Registered Professional Engineer and authorized representative of Harris&Associates, the duly appointed Assessment Engineer, herewith submit the "Report" for the Assessment District, consisting of six(6)parts as stated below. PART I This part contains the preliminary plans and specifications which describe the general nature, location and extent for the proposed improvements to be constructed, and are filed herewith and made a part hereof. Said plans and specifications are on file in the Office of the Town Engineer. PART II This part contains an estimate of the cost of the proposed improvements,including capitalized interest, if any, incidental costs and expenses in connection therewith as set forth herein and attached hereto. Harris &Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 2 PART III This part consists of the following information: A. A description of the method of assessment spread; and B. A finding that there is no General Benefit which will result from the proposed improvements, and the proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land within the Assessment District, in proportion to the special benefits to be received by such subdivisions from said improvements, which is set forth upon the assessment roll filed herewith and made a part hereof, and C. The total amount,as near as may be determined,of the total principal sum of all unpaid special assessments previously levied and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated for the Assessment District, which would require an investigation and report under the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931"against the total area proposed to be assessed; and D. The total true value, determined from the latest Assessor's roll, of the parcels of land and improvements which are proposed to be assessed. PART IV This part contains the proposed maximum annual administrative assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the TOWN OF TIBURON, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration and registration of any associated bonds and reserve or other related funds, or both. PART V This part contains a map showing the boundaries of the Assessment District, and a diagram showing the Assessment District, the boundaries and the dimensions of the subdivisions of land within said Assessment District,as the same existed at the time of the passage of the Resolution of Intention.The Boundary Map and Assessment Diagram are filed herewith and made a part hereof, and part of the assessment. A reduced copy of the Assessment Diagram is included in this Report as Appendix B. PART VI This part shall consist of the following information: A. Right-of-Way Certificate B. Environmental Certificate Harris & Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 3 Certificate of Assessment Engineer WHEREAS, on May 3, 2017 the Town Council of the TOWN OF TIBURON, State of California, did, pursuant to the provisions of the 1913 Act"Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code,of the State of California(the"1913 Act"),adopt Resolution No. 10-2017 (the "Resolution of Intention") declaring its intention to provide for the installation and construction of certain public improvements,together with appurtenances and appurtenant work in connection therewith, in a special assessment district known and designated as TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-2 (VIRGINIA UNDERGROUNDING DISTRICT) (hereinafter referred to as the "Assessment District");and WHEREAS,said Resolution of Intention,as required by law,did direct the Engineer of Work to make and file a "Report", consisting of the following as required by Section 10204 of the Act: A. Description of Improvements; B. A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvement, if the works, appliances, or property are to be acquired as part of the improvement; C. Cost Estimate; D. Assessment Diagram showing the Assessment District and the subdivisions of land therein; E. A proposed assessment of the costs and expenses of the works of improvement levied upon the parcels within the boundaries of the Assessment District; F. The proposed maximum annual assessment to be levied upon each subdivision or parcel of land within the Assessment District to pay the costs incurred by the Town and not otherwise reimbursed resulting from the administration and collection of assessments or from the administration and registration of any associated bonds and reserve or other related funds. For particulars, reference is made to the Resolution of Intention as previously adopted. NOW, THEREFORE, I, K. Dennis Klingelhofer, P.E., the authorized representative of HARRIS & ASSOCIATES,pursuant to Article XIIID of the California Constitution and the 1913 Act, do hereby submit the following: 1. Pursuant to the provisions of law and the Resolution of Intention, I have assessed the costs and expenses of the works of improvement to be performed in the Assessment District upon the parcels of land in the Assessment District specially benefited thereby amounts which do not exceed the reasonable costs of proportional special benefit to be confirmed on each of said parcels. For particulars as to the identification of said parcels, reference is made to the Assessment Diagram (the "Diagram"), a copy of which is attached hereto and incorporated herein.All parcels specially benefited by the works of improvement have been included within the Assessment District. 2. As required by law, the Diagram is attached hereto, showing the Assessment District,as well as the boundaries and dimensions of the respective parcels and subdivisions of land within said Assessment District as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions of land or parcels or lots respectively have been given Harris & Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 4 a separate number upon the Diagram and in the Assessment Roll as defined below. 3. The subdivisions and parcels of land with the numbers shown on the Diagram as attached hereto correspond with the numbers as appearing on the Assessment Roll as defined below. 4. NOTICE IS HEREBY GIVEN that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"),to represent all unpaid assessments,which bonds shall be issued in one or more series, each with a term not to exceed the legal maximum term as authorized by law,THIRTY-NINE (39) YEARS from the 2nd day of September next succeeding twelve (12)months from their date. Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12%per annum. 5. By virtue of the authority contained in said 1913 Act, and by further direction and order of the legislative body, I hereby recommend the following assessment to cover the costs and expenses of the works of improvement for the Assessment District based on the costs and expenses as set forth below: As Preliminarily As Approved Confirmed Estimated Cost of Construction: $912,151 Estimated Incidental Expenses: $520,849 Estimated Financing Costs: $250,000 Estimated Total to Assessment: $1,683,000 For particulars as to the individual assessments and their descriptions, reference is made to Part III, Exhibit I(Assessment Roll)which describes the assessment to be levied upon each parcel based upon the special benefit which it receives from the improvements to be funded by the assessments. 6. Under the Resolution of Intention,the requirement of Division 4 of the California Streets and Highway Code shall be satisfied with Part 7.5 of said Division 4, for which the following is presented: a. The total amount, as near as can be determined, of the total principal amount of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than contemplated in the instant proceeding is: $0 Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 5 b. The total amount of the principal sum of the special assessment (the "Balance of Assessment")proposed to be levied in the instant proceedings is: $1,683,000 c. The total amount of the principal sum of unpaid special assessment levied against the parcels proposed to be assessed, as computed pursuant to paragraph (a), above, plus the principal amount of the special assessment proposed to be levied in the instant proceedings from paragraph (b), above is: $1,683,000 The total true value, as near as may be determined, of the land and improvements for the parcels which are proposed to be assessed in the instant proceedings,as determined by the full cash value of the parcels as shown upon the last equalized assessment roll of the County of Marin, is: $18,551,919 This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. EXECUTED on January 17, 2018. HARRIS &ASSOCIATES K. DENNIS KLINGE OFER, .E. R.C.E.NO. 50255 ASSESSMENT ENGINEER TOWN OF TIBURON COUNTY OF MARIN, STATE OF CALIFORNIA Harris &Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 6 This report is submitted on January 17, 2018. HARRIS &ASSOCIATES K. DENNIS KLINGELAOFER,(Pk- R.C.E.NO. 50255 ASSESSMENT ENGINEER TOWN OF TIBURON COUNTY OF MARIN, STATE OF CALIFORNIA Preliminary approval by the TOWN COUNCIL of the TOWN OF TIBURON,CALIFORNIA,on the day of January 17, 2018. TOWN CLERK TOWN OF TIBURON STATE OF CALIFORNIA Final approval by the TOWN COUNCIL of the TOWN OF TIBURON,CALIFORNIA, on the day of ) 2018. TOWN CLERK TOWN OF TIBURON STATE OF CALIFORNIA Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 7 Part I Description of Improvements The following provides a description of the public improvements proposed to be constructed, installed or acquired under the provisions of the Act as shown on the Preliminary Plans on file in the office of the Town Engineer. The project includes the construction of the public improvements, including all planning, design, construction administration and general administration services,the acquisition of all necessary rights of way, the acquisition of licenses, franchises and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof, in accordance with the final plans and specifications to be approved by the Town of Tiburon prior to the start of construction. The construction of the public improvements may be phased as necessary and convenient for the Town of Tiburon. Phasing will be undertaken in a manner that results in a complete and functional portion of each system described below. The following improvements are proposed to be constructed and installed in the general location referred to as the Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District) (the"Assessment District")and will include: 1. Construction of mainline underground power,telephone and cable conduit, with appurtenant manholes, pull boxes and surface-located transformers and like structures. 2. Construction of service conduit and appurtenances to property line. 3. Installation of new conductor within said conduit and underground structures by the utility companies. 4. Removal of existing overhead power,telephone and cable wires and poles. The improvements will be designed by PG&E, AT&T, Comcast, and the Town of Tiburon (joint trench).The Town of Tiburon will inspect the work to ensure conformance to Town ordinances,rules, warrants, regulations, standards and specifications where applicable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work to be funded by the Assessment District. The estimated time for completion of the undergrounding of the utilities is 24 months after the formation of Assessment District. Construction is estimated to begin approximately 12 months after the formation of the Assessment District. Property owners will be required to provide necessary underground connections within 120 days of the completion of the underground facilities. Harris & Associates Town of Tiburon February 5,2018 Assessment District No.2017-2(Virginia Undergrounding District) Engineer's Report Page 8 Part II Cost Estimate Estimated Costs Preliminary Confirmed CONSTRUCTION COSTS JOINT TRENCH CONSTRUCTION $482,576 30%construction contingency $144,775 Total Construction Costi $627,351 UTIILITY COST(PG&E,AT&T and Comcast) PG&E $243,100 AT&T $22,600 Comcast $19,100 Total UtiItyCosts $284,800 TOTAL CONSTRUCTION COSTS $912,151 INCIDENTAL EXPENSES Design Engineering and Assessment Engineering $205,877 Construction Management(8%of construction cost) $72,972 Town Administration $35,000 Legal Advice to Property Owners $10,000 Placement Agent $50,000 Bond Counsel $35,000 Financial Advisor $60,000 Paying Agent $4,500 Financial Printing,Registration and Servicing $10,000 Filing Fees $2,500 Bond Anticipaton Note Costs $20,000 Incidental Contingencies $15,000 TOTAL INCIDENTAL EXPENSES $520,849 TOTAL COSTS $1,433,000 FINANCING COSTS(Estimate) Bond Reserve $149,000.00 Funded Interest $101,000.00 Total Financial Costs: $250,000 TOTAL AMOUNT TO ASSESSMENT: $1,683,000 Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017-2(Virginia Undergrounding District) Engineer's Report Page 9 Part III Method of Assessment Spread and Assessment Roll Since the improvements are to be funded by the levying of assessments,the"Municipal Improvement Act of 1913"(the"Act")and Article XIIID of the State Constitution require that assessments be based on the special benefit that the properties receive from the works of improvement. Section 4 of Article XIIID provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits. In addition, Section 4 requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Neither the Act nor the State Constitution specifies the method or formula that should be used to apportion the costs to properties in any special assessment district proceedings. The responsibility for recommending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer,who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. In order to apportion the assessments to each parcel within the boundaries of the assessment district in an amount which does not exceed the reasonable cost of the proportional special benefit which it will receive from the improvements, an analysis has been completed and is used as the basis for apportioning costs to each parcel within the Assessment District. The approval of the assessments rests with the Town Council. The Council renders its decision after hearing testimony and evidence presented at a public hearing and tabulating the assessment ballots, which are mailed to all record owners of property within the Assessment District. Only ballots delivered to the Town Clerk prior to the close of the public hearing are tabulated. The Council's findings must include a determination the assessment spread is consistent with the requirements of Article XIIID with the assessment on each parcel being proportional to and not greater than the special benefits received by such parcel. The following sections set forth the methodology used to apportion the costs of the improvements to each parcel. SEPARATION OF GENERAL AND SPECIAL BENEFIT Under Article XIIID, only special benefits may be assessed, and it is the responsibility of the Assessment Engineer to identify, quantify, and exclude general benefits from the assessment that is apportioned to parcels in proportion to the special benefit they will receive from the improvements. As stated in the "Proposition 218 Guide for Special Districts" prepared by the California Special Districts Association, the requirement that a public agency separate the general benefits from the special benefits helps ensure that the special benefit requirement is met. As defined in Article XIIID, "special benefit"means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. Harris &Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 10 The benefits associated with the undergrounding of overhead utilities are related to increased reliability, removal of obstructions to view, improved neighborhood aesthetics, and enhanced safety within the Assessment District and potentially for areas outside of the Assessment District. The specific location and nature of the undergrounding project will determine if the benefits are a"general benefit"or provide a "special benefit"to parcels within the Assessment District, or a combination of both. GENERAL BENEFIT Because of the localized nature of the improvements within the Assessment District and the small number of parcels that will be impacted by the undergrounding of the existing overhead utilities along Virginia Drive, which provides ingress/egress to the parcels within the District, the Assessment Engineer has determined the benefits described in the following section represent special benefits that are conferred on parcels within the Assessment District, and that there are no "general benefits"that will be conveyed to parcels outside the boundaries of the Assessment District, or to the public at large as a result of the undergrounding of the overhead utilities within the Assessment District. This determination is based upon the findings below: • Aesthetics Benefit. The Assessment Engineer has determined that there are no aesthetic benefits which represent general benefit or benefits to the public at large. This is based upon the fact that the utility poles and overhead facilities that will be undergrounded are located along Virginia Drive which is a local street that only serves the parcels within the Assessment District. The removal of the overhead utilities and poles will only provide an aesthetic benefit for the parcels within the District which the Assessment Engineer has determined represents a special benefit to those parcels, and that there is no general benefit to parcels outside of the District related to aesthetics. • Enhanced Reliability Benefit. The Assessment Engineer has determined that there is no general benefit that will be conveyed to parcels outside of the Assessment District, or to the public at large related to enhanced reliability since the utilities being undergrounded only serve the parcels within the Assessment District.Any interruption of service in the overhead utilities which will be undergrounded will not impact parcels that are outside of the District. ■ Removal of Obstructions to View. The Assessment Engineer has determined that there is no general benefit to parcels not within the Assessment District related to the removal of obstructions to view. Given the elevation of the parcels outside of the Assessment District,the existing overhead utilities along Virginia Drive do not obstruct views towards Richardson Bay to a degree which would impact the desirability of parcels outside of the district to a potential purchaser. ■ Safety Benefit. The safety benefit related to the undergrounding of the overhead facilities within the Assessment District is a result of the removal of the fixed obstructions (existing power poles, guy wires and related facilities) from the right-of-way, and the mitigation of the potential delay by emergency responders that will neither cross a downed power line nor set up equipment if an overhead utility line is in the way until it has been de-energized. In addition, the threat to structures or property being damaged by downed utility lines and poles caused by Harris& Associates Town of Tiburon February 5,2018 Assessment District No.2017-2(Virginia Undergrounding District) Engineer's Report Page 11 earthquakes, high winds and other unforeseeable events is reduced by the undergrounding of the existing overhead utilities. The Assessment Engineer has determined that there is no general benefit to parcels outside of the Assessment District or to the public at large related to the safety benefit of undergrounding the existing overhead utilities since the roadways only serve the residents within the District and the existing overhead utilities could not impact parcels not within the District if a power pole were to be hit by a vehicle or otherwise be damaged. SPECIAL BENEFITS While the courts have found that a general enhancement of property value does not constitute"special benefit"(Silicon Valley Taxpayers'Ass'n v. Santa Clara Cnty. Open Space Authority) if an assessment district is narrowly drawn so that parcels that benefit in a way that is particular and distinct from parcels outside of the district, or the public at large they are deemed to receive a special benefit. Specifically, the undergrounding of existing overhead utilities adjacent to parcels provides a particular and distinct benefit to those parcels that is not realized by other parcels or to the public at large. The courts have found that the characterization of a benefit(special vs.general)may depend on whether parcels within a district receive a direct advantage from the improvement based upon their proximity to the improvement, or receive an "indirect, derivative advantage resulting from the overall public benefits of the improvement" (e.g., general enhancement of the district's property values). There are four (4) types of special benefit that parcels may receive as a result of the proposed replacement of the existing overhead utility facilities (power, telephone, and cable facilities) with underground facilities. ■ Aesthetics Benefit. All of the parcels within the Assessment District will specially benefit from the removal of the overhead wires and utility poles serving the parcels within the boundaries of the Assessment District, including the removal of guy wires and other support structures related to the overhead facilities. The improvements will enhance the aesthetics of the streetscape by removing the physical and visual impediments related to the existing overhead utilities within the right-of-way along the local streets, and will improve the visual environment for properties within the Assessment District. In addition, the removal of the overhead utilities within the Assessment District will bring the area surrounding each parcel closer to current development standards,which require that all utilities be placed underground. The undergrounding of the overhead utilities within the Assessment District will increase the desirability of the parcels to a potential purchaser when compared to a similar parcel served by overhead wires and utility poles. ■ Removal of Obstructions to View. The removal of the existing overhead utilities along Virginia Drive will provide a special benefit to parcels within the Assessment District that will vary in proportion to the impact the existing overhead utilities and poles have on the view from within structures or from outdoor living areas looking towards Richardson Bay. The special benefit will also vary based upon impact of the existing overhead utilities. The removal of obstructions from the existing overhead utilities for parcels on the north side of Virginia Drive will enhance their views of Richardson Bay. Those parcels along the south side of Virginia Drive will not receive a view benefit from the removal of the overhead utilities since their view of Richardson Bay is from the rear of their parcels and not affected by the overhead utilities. Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 12 ■ Enhanced Reliability Benefit. The installation of all new wires and new equipment installed underground within the Assessment District will reduce the frequency of service interruptions to parcels within the Assessment District due to the increased reliability of the upgraded facilities. Parcels which have not already undergrounded their service will also see a reduction in outages related to damages to their individual service lines which will be required to be replaced to connect to the new underground services. As a result, each parcel within the Assessment District will receive a special benefit related to enhanced reliability from the undergrounding of the existing overhead utilities within the Assessment District that is not received by parcels outside of the District. ■ Safety Benefit. The undergrounding of the overhead facilities along Virginia Drive within the District will specially benefit parcels in two ways from a safety perspective. The first relates to the elimination of the threat to structures or property including any occupants within from being damaged or harmed by downed utility lines and poles caused by earthquakes,high winds and other unforeseeable events. The second relates to the removal of the fixed obstructions from the right-of-way and the potential delay by emergency responders that will neither cross a downed power line nor set up equipment if an overhead utility line is in the way until it has been de-energized. As described in the Methodology section below, not all parcels receive these benefits to the same extent based upon their location in proximity to the existing overhead utilities. To establish the special benefit each individual parcel within the Assessment District receives in relation to the other parcels within the Assessment District, a Benefit Point system is used. Each parcel of land is assigned benefit points in proportion to the estimated special benefit a parcel receives relative to the other parcels within the Assessment District from the utility undergrounding activities. The parcels within the Assessment District are entirely developed for residential use. Benefit points have been assigned to each residential parcel based upon its current use and the benefit which it receives from the undergrounding of the existing overhead utilities as discussed below. ■ Aesthetics Benefit. All residential parcels within the Assessment District that have their primary ingress/egress along streets where the existing overhead utilities adjacent to their parcel frontage(along either side of the street)will be undergrounded will benefit equally from the undergrounding of the existing overhead utilities. Each parcel which has existing overhead utilities adjacent to its frontage is assigned one (1) benefit point for each existing or potential dwelling unit which could be constructed on the parcel. Those parcels where the existing overhead utilities do not front the parcel but which receive utility services from the existing overhead utilities within the Assessment District and must use the street(s)where the existing utilities will be undergrounded will receive one-half benefit point(1/2)since they are impacted to a lesser degree by the existing overhead utilities. ■ Removal of Obstructions to View. The removal of obstructions to view looking towards Richardson Bay will provide a special benefit to the parcels on the north side of Virginia Drive based upon the location of the existing overheard utilities that will be undergrounded. The level of benefit a parcel receives is based on the following definitions. Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 13 o High (1.0). The current view of Richardson Bay from within the dwelling or from outside living areas is significantly obstructed by the presence of the existing overhead utilities located adjacent to the parcel and will be improved by the removal and undergrounding of the existing overhead utilities. o Medium (0.5). The current view of Richardson Bay from within the dwelling or from outside living areas is only partially obstructed by the presence of the existing overhead utilities and will be improved by the undergrounding of the existing overhead utilities. o Low(0.25). The current view of Richardson Bay from within the dwelling or from outside living areas is minimally obstructed by the presence of the existing overhead utilities and will be minimally improved by the undergrounding of the existing overhead utilities. o None (0.0). The existing overhead utilities that will be undergrounded are not visible from within the dwelling or from outside living and their removal will not provide a special benefit to the parcel from the removal of the obstruction to view. ■ Safety Benefit. Parcels within the District will benefit from the elimination of potential property damage from downed utility lines and poles, the removal of the fixed obstructions from the right-of-way, and the mitigation of the potential for delay by emergency responders that will neither cross a downed power line nor set up equipment if an overhead utility line is in the way until it has been de-energized. Each parcel that has its point of ingress/egress along the street with overhead utilities adjacent to the parcel frontage that will be undergrounded is assigned one (1) benefit point for the special benefit related to safety. Parcels which do not have overhead utilities adjacent to the parcel frontage and whose ingress/egress would not be impacted in the event of downed power lines,but where the utility pole or utility lines providing service to the parcel could impact structures on the parcel are assigned one-half(1/2)a benefit point since they receive a reduced benefit. This is because structure; or occupants could still be damaged from downed utility lines and poles which are located near the corner of the parcel, but they do not receive a special benefit related to the mitigation of potential delays by emergency responders as a result of the downed utility lines since access is still possible even in the event of downed poles or utility lines. Parcels which do not have overhead utilities adjacent to the parcel frontage and whose ingress/egress would not be impacted in the event of downed power lines, and where downed utility poles or lines would not damage structures on the parcel are assigned zero(0)benefit points since they do not receive a safety benefit. ■ Enhanced Reliability Benefit. All parcels within the District that receive services from the existing overhead utilities or which would be impacted by a service outage of the existing overhead utilities within the District will specially benefit from the enhanced reliability of service due to having all new wires and equipment underground, and the intelligent technology which minimizes the number of parcels impacted by a service outage. Each parcel is assigned one (1)benefit point for enhanced reliability. Harris &Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 14 ASSESSMENT APPORTIONMENT The special benefit allocated to parcels within the Assessment District is based upon a weighting of the benefits as shown below: Aesthetics Benefit 50% Safety Benefit 10% Enhanced Reliability Benefit 10% View Enhancement Benefit 30% The weighting shown is based upon the judgement and experience of the Assessment Engineer and the degree to which each of the factors contributes to the special benefit realized by each parcel within the Assessment District. The Aesthetics and View Enhancement Benefits were given the highest weighting since the special and direct benefit received by parcels will increase the desirability of parcels to a potential purchaser and increase property values. Parcels also receive a direct and special benefit related to the Safety and Enhanced Reliability Benefits, but they were assigned a lower weighting since the desirability of parcels or the increase in property value is not as significantly tied to those benefits. The amount of special benefit allocated to each parcel within the Assessment District that receives a special benefit, has been apportioned to each parcel in proportion to the benefit points assigned to the parcel as a percentage of the total benefit points for each benefit factor. The assessment on a parcel does not exceed the costs of the proportional special benefit conferred on the parcel. There are no publically owned parcels within the boundaries of the Assessment District. Incidental Expenses and Financial Costs have been assessed to the entire Assessment District on a pro rata basis relative to the total construction cost allocations. The benefit points assigned to each parcel and the preliminary assessment by parcel are provided in Exhibit 1 which is attached. Harris& Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 15 Exhibit 1 Assessment Roll Assessor's Total True Existing Assessments as Assessments asValue-to-Lien Asmt No. parcel Number1 Liens Preliminarily Confirmed and Ratio Value Approved Recorded 1 055-091-01 $658,719 NA $81,176.18 8.1 : 1 2 055-091-02 $993,508 NA $106,421.18 9.3 : 1 3 055-091-03 $1,154,420 NA $106,421.18 10.8 : 1 4 055-091-04 $1,895,368 NA $106,421.18 17.8 : 1 5 055-091-05 $393,770 NA $106,421.18 3.7 : 1 6 055-091-06 $1,493,668 NA $106,421.18 14.0 : 1 7 055-091-07 $1,433,424 NA $106,421.18 13.5 : 1 8 055-091-08 $128,385 NA $106,421.18 1.2 : 1 9 055-091-09 $460,439 NA $106,421.18 4.3 : 1 10 055-091-10 $1,418,676 NA $106,421.18 13.3 : 1 11 055-091-11 $274,305 NA $52,930.70 5.2 : 1 12 055-092-01 $522,491 NA $55,931.18 9.3 : 1 13 055-092-02 $1,246,032 NA $55,931.18 22.3 : 1 14 055-092-03 $113,889 NA $55,931.18 2.0 : 1 15 055-092-04 $1,255,625 NA $55,931.18 22.4 : 1 16 055-092-05 $812,099 NA $55,931.18 14.5 : 1 17 055-092-06 $782,311 NA $55,931.18 14.0 : 1 18 055-092-07 $1,407,127 NA $55,931.18 25.2 : 1 19 055-092-08 $404,514 NA $55,931.18 7.2 : 1 20 055-092-09 $1,228,643 NA $55,931.18 22.0 : 1 21 055-092-10 $125,676 NA $55,931.18 2.2 : 1 22 055-092-11 $348,830 NA $31,790.58 11.0 : 1 Total $18,551,919 $1,682,999.84 11.0 :1 1/Total True Value is the value of the land and improvements as shown on the last equalized tax roll,and may be greater than or less than the actual market value of the property. Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 16 Exhibit 2 Debt Limit Valuation A. ESTIMATED BALANCE TO ASSESSMENT $1,683,000 B. UNPAID SPECIAL ASSESSMENTS $0 TOTAL A& B $1,683,000 C. TRUE VALUE OF PARCELS $18,551,919 xx AVERAGE VALUE-TO-LIEN RATIO 11.0 :1 * Unpaid Special Assessments shall consist of the total principal sum of all unpaid special assessments previously levied or proposed to be levied other than in the instant proceedings. ** True Value of Parcels means the total value of the land and improvements as estimated and shown on the last equalized roll of the County or as otherwise reasonably calculated. This report does not represent a recommendation of parcel value, economic viability or financial feasibility, as that is not the responsibility of the Assessment Engineer. Harris &Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 17 Part IV Annual Administrative Assessment An amount shall be added to each annual installment of the unpaid assessments to pay costs incurred by the City and not otherwise reimbursed,which result from the administration of the bonds and reserve or other related funds,all as set forth in Section 10312 of the Act.The maximum annual administrative assessment is authorized pursuant to the provisions of Section 10204(f) of the Streets and Highways Code and shall not exceed fifty dollars($50.00)per parcel per year,subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the San Francisco-Oakland-San Jose areas. The exact amount of the administration charge will be established each year by the Town of Tiburon. It should be expressly understood that the annual administrative assessment, as set forth above, is separate from and is in addition to the $16.00 per parcel collection fee which will be added to each annual installment pursuant to Section 8682 of the California Streets and Highways Code,and is further separate from and in addition to specific fees payable to the Town in connection with(a)prepayments of assessments by property owners, (b) apportionments of assessments to reflect divisions of parcels and (c) late charges and penalties which become payable in the event of delinquency in the payment of assessment installments by December 10 and April 10 each year. The above fees and assessments (except those for prepayments and apportionments)will be collected in the same manner and in the same installments as the assessment levied to pay for the cost of the works of improvement. Properties that have paid their assessments in full will not be subject to this annual administrative assessment. Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 18 Part V Boundary Map and Diagram of Assessment District A reduced copy of the Assessment Diagram is provided as Appendix B. Full-sized copies of the Boundary Map and Assessment Diagram are on file in the Office of the Town Clerk, of the Town of Tiburon. As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assigned to each parcel of land corresponding to its number as it appears in the Assessment Roll contained in Part III Table 1. The Assessor's Parcel Number is also shown for each parcel as they existed at the time of the passage of the Resolution of Intention and reference is hereby made to the Assessor's Parcel Maps of the County of Marin for the boundaries and dimensions of each parcel of land. Harris &Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 19 Part A Description of Facilities Section 10100 of the Act provides for the legislative body of any municipality to finance certain capital facilities and services within or along its streets or any public way or easement. The following is a list of proposed improvements as allowed under the Act to be installed, or improved under the provisions of the Act, including the acquisition of required right-of-way and/or property. For the general location of the improvements to be constructed, reference is hereby made to the Plans and Specifications described in Part I of this report. The following improvements are proposed to be constructed and installed in the general location referred to as the Town of Tiburon Assessment District No.2017-2(Virginia Undergrounding District) and will include: 1. Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes, pull boxes,transformers and like structures. 2. Construction of service conduit and appurtenances to property line. 3. Installation of new conductor within said conduit and underground structures by the utility companies. 4. Removal of existing overhead power,telephone and cable wires, and poles. The improvements will be designed by PG&E, AT&T, Comcast, and the Town of Tiburon (joint trench). The Town of Tiburon will inspect the work to ensure conformance to Town ordinances,rules, warrants, regulations, standards and specifications where applicable. Each owner of property located within the Assessment District will be responsible for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in the public streets and alleys to the points of connection on the private property. Conversion of individual service connections on private property is not included in the work to be funded by the Assessment District. Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 20 Right-of-Way Certificate STATE OF CALIFORNIA COUNTY OF MARIN TOWN OF TIBURON The undersigned hereby CERTIFIES UNDER PENALTY OF PERJURY that the following is all true and correct. That at all time herein mentioned, the undersigned was, and now is, the authorized representative of the duly appointed TOWN ENGINEER of the TOWN OF TIBURON, CALIFORNIA. That there have now been instituted proceedings under the provisions of Article XIIID of the California Constitution, and the "Municipal Improvements Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 2017-2 (hereinafter referred to as the"Assessment District"). THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: All easements or right-of-way necessary for the construction and installation of the public improvements of the Assessment District either have been obtained or are in process of being obtained and will be obtained and in the possession of the affected utility company, the Town, the County of Marin or the State of California prior to commencement of the construction and installation of such public improvements. EXECUTED this day of 12018, at TOWN OF TIBURON, CALIFORNIA. TOWN ENGINEER TOWN OF TIBURON STATE OF CALIFORNIA By: Harris &Associates Town of Tiburon February 5,2018 Assessment District No.2017.2(Virginia Undergrounding District) Engineer's Report Page 21 Certificate of Completion of Environmental Proceedings STATE OF CALIFORNIA COUNTY OF MARIN TOWN OF TIBURON The undersigned, under penalty of perjury, CERTIFIES as follows: 1. That I am the person who is authorized to prepare and process all environmental documentation as needed as it relates to the fort-nation of the special Assessment District being formed pursuant to the provisions of the "Municipal Improvement Act of 1913" being Division 12 of the Streets and Highways Code of the State of California, said special Assessment District known and designated as the TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-2 (VIRGINIA UNDERGROUNDING DISTRICT)(hereinafter referred to as the "Assessment District"). 2. The specific environmental proceedings relating to this Assessment District that have been completed are as follows: CEQA compliance review: * The proposed project is Categorically Exempt (Class 2) from the provisions of CEQA (replacement or reconstructions). 3. 1 do hereby certify that all environmental evaluation proceedings necessary for the formation of the Assessment District have been completed to my satisfaction,and that no further environmental proceedings are necessary. EXECUTED this day of , 2018, at TOWN OF TIBURON, CALIFORNIA. By: TOWN OF TIBURON STATE OF CALIFORNIA HI Harris& Associates Town of Tiburon February 5,2018 Assessment District No.2017-2(Virginia Undergrounding District) Engineer's Report Appendix A Appendix A Assessment Calculations Assessor's Remove View Aesthetics Safety Reliability Primary Aesthetics Safety Reliability Total Asmt Parcel No. View Benefit Benefit Benefit Benefit View Benefit Benefit Benefit Assessment Property Address No. APN Obstruction Factor Factor Factor Factor Assessment Assessment E Assessment Assessment Amount 595 VIRGINIA DR 1 055-091-01 Low 0.250 1.000 1.000 1.000 $25,245.00 $40,071.43 $8,209.76 $7,650.00 $81,176.18 591 VIRGINIA DR 2 055-091-02 Medium 0.500 1.000 1.000 1.000 $50,490.00 s $40,071.43 $8,209.76 $7,650.00 $106,421.18 587 VIRGINIA DR 3 i 055-091-03 Medium 0.500 1.000 1.000 1.000 $50,490.00 $40,071.43 $8,209.76 $7,650.00 $106,421.18- 583 VIRGINIA DR 4 055-091-04 Medium 0.500 1.000 1.000 1.000 $50,490.00 $40,071.43 $8,209.76 $7,650.00 $106,421.18 579 VIRGINIA DR �5- 055-091-05 Medium 0.500 1.000 1.000 1.000 $50,490.00 $40,071.43 $8,209.76 $7,650.00 $106,421.18 575 VIRGINIA DR 6 055-091-06 Medium 0.500 1.000 1.000 1.000 $50,490.00 $40,071.43 $8,209.76 $7,650.00 $106,421.18 i - 571 VII2GINIADR 7 i 055-091-07 Medium 0.500 1.000 1.000 1.000 $50,490.00- $40,071.43 $8,209.76 $7,650.00 $106,421.18 567 VIRGINIA DR 8 # 055-091-08 Medium 0.500 1.000 1.000 1.000 $50,490.00 $40,071.43 - $8,209.76 Jr $7,650.00 $106,421.18 563 VIRGINIA DR 9 055-091-09 Medium 0.500 1.000 1.000 1.000 $50,490.00 $40,071.43 $8,209.76 $7,650.00 $106,421.18 559 VIRGINIA DR 10 055-091-10 Medium 0.500 1.000 - 1.000 1.000 $50,490.00 $40,071.43 $8,209.76 - $7,650.00 $106,421.18 555 VIRGINIA DR 11 055-091-11 Low 0.250 0.500 0.000 1.000 $25,245.00 1 $20,035.71 $0.00 $7,650.00 $52,930.70 594 VIRGINIA DR 12 055-092-01 None 0.000 1.000 1.000 1.000 $0.00 $40,071.43 $8,209.76 $7,650.00 $55,931.18 590 VIRGINIA DR 13 055-092-02 None 0.000 1.000 1.000 1.000 $0.00 $40,071.43 $8,209.76 $7,650.00 $55,931.18 586 VIRGINIA DR 14 055-092-03 None _ 0.000 1.000 1.000 1.000 $0.00 -$40,071.43 $8,209.76 r $7,650.00 $55,931.18 582 VIRGINIA DR 15 € 055-092-04 None 0.000 1.000 1.000 1.000 $0.00 $40,071.43 $8,209.76 $7,650.00 $55,931.18 578 VIRGINIADR 16 055-092-05 None 0.000 T 1.000 1.000 1.000 $0.00 $40,071.43 $8,209.76 $7,650.00 $55,931.18 574 VIRGINIA DR 17 055-092-06 None 0.000 1.000 1.000 1.000 $0.00 $40,071.43 $8,209.76 $7,650.00 $55,931.18 -------- - -------- -- ------ ---- -- ---- - ---- ----_ - -- ----- __-- ._ 570 VIRGINIA DR 18 i 055-092-07 None 0.000 1.000 1.000 1.000 $0.00 $40,071.43 $8,209.76 $7,650.00 $55,931.18 566 VIRGINIA DR 19 055-092-08 None 0.000 1.000 1.000 1.000 $0.00 $40,071.43 $8,209.76 $7,650.00 $55,931.18 562 VIRGINIA DR 20 055-092-09 None 0.000 i 1.000 1.000 1.000 - $0.00 $40,071.43 $8,209.76 $7,650.00 _ $55,931.18- 558 VIRGINIA DR 21 € 055-092-10 None 0.000 L000 1.000 1.000 $0.00 $40,071.43 $8,209.76 $7,650.00 $55,931.18 554 VIRGINIA DR 22 055-092-11 None 0.000 0.500 0.500 1.000 $0.00 $20,035.71 $4,104.88 $7,650.00 $31,790.58 Totals: 22 Parcels 5.000 21.000 20.500 22.000 $504,900.00 $841,500.00 $168,300.00 $168,300.00 $1,682,999.84 Harris&Associates Town of Tiburon February 5,2018 Assessment District No.2017-2(Virginia Undergrounding District) Engineer's Report Appendix B Appendix B Assessment Diagram ` ! / r Fsr.o Ix THE O� OF T4=_*pr<urJ CLERK;a,r�,a- TEtlRON. THS- %JAY OF 2_t& STEwkRT DR ! 2RECQPOE1,:N THE OFR-_E OF T-IE'CY 7 ENGINEER f �TOIh'h OF'iE'JROt., -+LS —DAY OF I' � T^roN ErJGirJEER S Ah PSS=-SVEN WAS Ei ED SY THETO `3C OJ 3C'_ 1 — &qS 1 01 J11%C B O`!. OLI -NIAR.1 a E 555 11 — — — — — — — I 591 2 ti OF C.4Li/'�PN�.� Cts E LOTS PIECE-. ty AP,,,_t.5 559 .10 I 5G{ g } 587 3 , O-Lai SHOWN OM1'+ .S_S S J•1.D a P b-5AI? 567 !8 571 17 575 b 579 5 583 4 i�} ' t,., h EN S L JI2 r D v OF kGP h Ar• •H_ i ! S [ • F 3 Ea,R LL t PZK DED Ik TH O=C_OF THE TO h^:ENGINEER,OF '.E TO&N OF TE PON. i COUNTY OF t4 PIN. STA7 OF CALFORN 4 ON THE j 9 taY OF "7!8. — =^ E IS WADE i TO THE ASS.-ESSP.'E ROLL P.ECOR ED IN.-i=-OF=—ICE C:-THE T011N Ev31Ny.R FOR THE EY:ACT.11 OF EACH ASSESSMENT LEVIED AGA.I�FA :A.RCE-OF ��1RGINL4fi•iE y LAND s�-+Ow�a CN THIS a5;=E s+,ruT DIAGF.u:�. _ 5554 !22 4 594 :"t2 558 '.21: _ 1 F. 13 jt 562 :20 — — — f — 586 14 () 570 '18 — 578 ''i6 5-+82 15 } 574 17 { Z HOL o O LOCrt N EOOK OF MARS OF FS:EZ511U'AY-_CCATMUMFAI-1 -_S D'S AT PACE P --IE OFFICE OFT= jy �+•�� COORCOPD P O 1=.E COl,fv c.=t aTE ,:IF-..AU, C;AL OFNt4 COLiN rY RECORDEF., Tl$uRON BLVD 1—- COUNTY OF S5A.R1!'1 ___.._.._. { ASSESSMENT DIAGRAM FOR VIRGINIA AVENUE _ UNDERGROUND DISTRICT TOWN OF TIBURON,COUNTY OF MARIN STATE OF CAI IFORNIA LEGEND: NOTES: GRAPHIC SCALE ...% *ASSESSMENT DISTRICT BOUNDARY REFERENCE:S HEREEY MADE TO THE.�h.^.PS OF RECORD IN THE OFFICE 0 30 60 120 184 240 ti�'a OF THE ASSESSOR OF THE COUarrY of MARIN FOR A DETAILED (Harris&Associates =PARCEL LINE DESCRIPTION OF THE LINES AND OINENSION'S OF Xlt PARCELS SHOWN Feet HEREIN.?.0;€CH IJA.PS SHALL-0YERN FOR ALL DETAILS COiCERP37NG THE DXX ASSESSMENT NO_ UNESAND DIMENSIONS OF SUCH PARCELS. _- �`�' � DF 1A1"'DARY�2.2aIe [ Harris&Associates DRAFT RESOLUTION NO. xx-2018 RESOLUTION OF TOWN COUNCIL OF THE TOWN OF TIBURON DECLARING THE ABANDONMENT OF PROCEEDINGS FOR TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-2 (VIRGINIA UNDERGROUNDING DISTRICT) WHEREAS, this Town Council on May 3, 2017 adopted Resolution No. 10-2017 (the "Resolution of Intention") and initiated proceedings for the acquisition of certain public works of improvement to underground utilities as described in the Resolution of Intention (the "Improvements"), in a special assessment district designated as "Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District)" (hereinafter referred to as the "Assessment District") pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California(the "Act"), Article XIIID of the Constitution of the State of California ("Article XIIID"), and the Proposition 218 Omnibus Implementation Act (commencing with Section 53750 of the Government Code) (the "Implementation Act") (the Act, Article XIIID, and the Implementation Act are referred to herein collectively as the "Assessment Law"); and WHEREAS, this Town Council on January 17, 2018 adopted Resolution No. 03-2018 which preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the "Engineer's Report") and fixed March 21, 2018 at the hour of 7:30 p.m. at the regular meeting place of the Town Council, Town Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests and objections to the Assessment District as proposed, including the Improvements and assessments included in the Engineer's Report, and to receive and count the ballots for and against the proposed assessments to be levied; and WHEREAS, the Town Clerk caused notice to be given of the adoption of the Resolution of Intention, the filing of the Engineer's Report and the time and place and purpose of the March 21, 2018 public hearing, all as required by the Assessment Law; and WHEREAS, this Town Council has received all ballots filed with the Town Clerk prior to the conclusion of the hearing the Town Clerk has counted all ballots for and against the formation of the Assessment District as provided in Article XIIID; WHEREAS, the Town Clerk has conducted the ballot tabulation and has advised this Town Council that a majority of the ballots received are in opposition to the assessment. NOW, THEREFORE, the Town Council of the Town of Tiburon does hereby find, order and resolve as follows: SECTION 1. The above recitals, and each of them, are true and correct. SECTION 2. The March 21, 2018 public hearing has been duly held in accordance with the requirements of the Assessment Law, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. ExH11T N®e I Page 1 of 3 Town Council Resolution No. xx-2018 DRAFT 03/21/2018 SECTION 3. This Town Council finds and determines based upon a report from the Town Clerk, who conducted the ballot tabulation, that a majority of the ballots received and tabulated as described herein are in opposition to the assessment. In tabulating the ballots, the ballots were weighted according to the proportional financial obligation of the affected property. SECTION 4. Given the majority protest against the assessment, the proceedings had and taken under and pursuant to the Assessment Law for the work and Improvements proposed by the Resolution of Intention in the Assessment District are hereby ordered abandoned. SECTION 5. The Town Clerk shall immediately cause the recordation of a certified copy of this Resolution of Abandonment with the County Recorder. The certificate attached to this Resolution shall include a reference to the date of the adoption of this Resolution, the date of the original Resolution of Intention, and the date the map of the Assessment District was previously filed with the County Recorder. SECTION 6. This Resolution shall take effect immediately upon its passage. SECTION 7. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on March 21, 2018. JIM FRASER, Mayor ATTEST: LEA STEFANI, Town Clerk Page 2 of 3 Town Council Resolution No. xx-2018 DRAFT 03/21/2018 STATE OF CALIFORNIA COUNTY OF MARIN TOWN OF TIBURON The undersigned CERTIFIES as follows: 1. During all of the times herein mentioned, the undersigned was, and now is, the duly qualified and acting Town Clerk of the Town of Tiburon, California. 2. The attached Resolution abandoning proceedings for the construction of certain improvements to underground utilities in the proposed Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District) was duly adopted on March 21, 2018. 3. Reference is hereby made to the Resolution of Intention, Resolution No. 10-2017, adopted on May 3, 2017 and the Resolution Preliminarily Approving the Assessment Engineer's Report, Resolution No. 03-2018, adopted on January 17, 2018 for a further and complete description of the works of improvement and assessments proposed for the Assessment District. 4. A map of the proposed boundaries of the Assessment District was filed in the Office of the County Recorder of the County of Marin on 2018 in Assessment District Maps Book 2018, Page_. EXECUTED this day of , 2018. TOWN CLERK Page 3 of 3 Town Council Resolution No. xx-2018 DRAFT 03/21/2018 DRAFT RESOLUTION NO. xx-2018 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS AND DESIGNATING THE SUPERINTENDENT OF STREETS TO COLLECT AND RECEIVE ASSESSMENTS AND TO ESTABLISH A SPECIAL FUND AND AUTHORIZING OTHER ACTIONS RELATED TO TOWN OF TIBURON ASSESSMENT DISTRICT NO. 2017-2 (VIRGINIA UNDERGROUNDING DISTRICT) WHEREAS, this Town Council on May 3, 2017 adopted Resolution No. 10-2017 (the "Resolution of intention") declaring its intention to order the construction of certain improvements to underground utilities as described in the Resolution of Intention (the "Improvements") and to form the Town of Tiburon Assessment District No. 2017-2 (Virginia Undergrounding District) (the "Assessment District") under the provisions of the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, "the Act"); and WHEREAS, this Town Council on January 17, 2018 adopted Resolution No. 03-2018 which preliminarily approved a report prepared under and pursuant to the Act and, in particular, Section 10204 of the California Streets and Highways Code (the "Engineer's Report") and fixed March 21, 2018 at the hour of 7:30 p.m. at the regular meeting place of the Town Council, Town Hall, 1505 Tiburon Boulevard, Tiburon, California 94920, as the time and place of hearing protests and objections to the Assessment District as proposed, including the Improvements and assessments included in the Engineer's Report, and to receive and count the ballots for and against the proposed assessments to be levied; and WHEREAS, the Town Clerk has caused notice to be given of the passage of the Resolution of Intention, the filing of the Engineer's Report and the time and place and purpose of the March 21, 2018 public hearing, all as required by the Act and by Section 53753(c) of the California Government Code and Article XIIID, Section 4 of the California Constitution ("Article XIIID"); and WHEREAS, a final Engineer's Report (the "Final Report") has been prepared setting forth the Improvements to be acquired and constructed, and the Final Report has been filed with the Town Council and has been available for review by the property owners within the proposed Assessment District; and WHEREAS, at the time and place stated in the notice of the public hearing, a hearing was duly held by this Town Council and, during the course of the hearing, the Final Report was duly presented and considered, all written protests and objections received, if any, were duly presented, read, heard and considered and all persons appearing at the hearing and desiring to be heard in the matter of the Final Report were heard, and a full, fair and complete hearing has been conducted; and WHEREAS this Town Council has received all ballots filed with the Town Clerk prior to the conclusion of the hearing, and the Town Clerk has counted all ballots for and against the proposed levy of the assessments and the formation of the Assessment District as provided in Article XIIID; and EXHIBIT NO.5 Page 1 of 4 Town Council Resolution No.xx-2018 DRAFT 03/21/2018 WHEREAS, this Town Council has considered the assessments proposed in the Final Report and the evidence presented at said hearing; and WHEREAS, under the provisions of Section 10424 of the California Streets and Highways Code, funds collected by the Public Works Director/Town Engineer acting as the Superintendent of Streets (the "Superintendent of Streets") pursuant to an assessment under the Municipal Improvement Act of 1913 are required to be placed in a special improvement fund designated by the name of the assessment proceeding; WHEREAS, the adoption of this resolution and the confirmation of the assessments for the Improvements is exempt from the requirements of the California Environmental Quality Act (Division 13 of the California Public Resources Code;"CEQA"); NOW, THEREFORE, the Town Council of the Town of Tiburon does hereby find, order and resolve as follows: SECTION 1. The above recitals, and each of them, are true and correct. SECTION 2. The March 21, 2018 public hearing has been duly held in accordance with the requirements of Article XIIID, the Act and Government Code Section 53753, and each and every step in the proceedings prior to and including the hearing has been duly and regularly taken. This Town Council is satisfied with the correctness of the Final Report, including the assessments and diagram and the maximum annual assessment for administrative expenses, the proceedings and all matters relating thereto and adopts each of the findings, determinations and conclusions stated therein as a basis for confirming the assessments. SECTION 3. All of the property specially benefitted by the Improvements has been included in the Assessment District. The property within the Assessment District to be assessed as shown in the Final Report will be specially benefited by the Improvements over and above the benefits conferred on the public at large, no parcel has been assessed in an amount that exceeds its proportionate share of the special benefit conferred on such parcel by the Improvements and no general benefit from the Improvements has been included in the amount assessed. SECTION 4. The Town Council overrules and denies any and all protests, objections and appeals made in regard to these proceedings; and it finds and determines that based the ballots received and tabulated as described herein, there is not a majority protest against the assessments. In tabulating the ballots, in accordance with the requirements of Article XIIID, the ballots were weighted according to the proportional financial obligation of the affected property. SECTION 5. The amount of the assessments shown in the Final Report and the proposed maximum annual assessment per parcel for administrative expenses shown therein are confirmed and are fixed in said amounts. SECTION 6. The amounts to be assessed against the individual parcels shown on the assessment diagram contained in the Final Report are hereby approved and confirmed; and the Town Clerk is authorized and directed to endorse the fact and date of such approval on the Final Report. SECTION 7. The assessment diagram and assessment is to be placed on file in the office of the Superintendent of Streets, and the Town Clerk is authorized and directed to record, or cause to be Page 2 of 4 Town Council Resolution No.xx-2018 DRAFT 03/21/2018 recorded, the assessment diagram and assessment in the office of the County Recorder of the County of Marin as required by Sections 3114, 10401 and 10402 of the California Streets and Highways Code; and the Town Clerk shall record, or cause to be recorded, a Notice of Assessment as required by Section 3114 of said Code. The Town Clerk is further authorized and directed to post a notice of exemption pursuant to CEQA related to the adoption of this resolution and the confirmation of the assessments. Section 8. The Superintendent of Streets is authorized and directed to give notice of the recordation of the assessment, as provided in Section 10404 of the California Streets and Highways Code. In accordance with Section 5896.16 of the California Streets and Highways Code, the Superintendent of Streets shall provide notice to all assessed parcels that the individual service connections to each parcel shall be completed within 120 following the completion of the Improvements and that a failure to do so could result in a disconnection of service. SECTION 9. The Superintendent of Streets is designated to receive the assessments paid during an initial 30-day cash payment period which shall commence on the date of filing the assessment diagram with the Superintendent of Streets. The Superintendent of Streets is authorized and directed to provide notice to the owners of all parcels with unpaid assessments of a second 30- day cash payment period which will begin at least 30 days prior to the date of execution by the Town of a purchase contract for the bonds to be secured by the unpaid assessments. SECTION 10. The Superintendent of Streets is authorized and directed to proceed with the final design of the Improvements, to prepare for approval by the Town Council any agreement required pursuant to Section 10110 of the California Streets and Highways Code and to return to the Town Council to consider further actions with respect to the construction and acquisition of the Improvements. SECTION 11. This Resolution shall take effect immediately upon its adoption. SECTION 12. The Town Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED, and ADOPTED on March 21, 2018 by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, Mayor ATTEST: Page 3 of 4 Town Council Resolution No.xx-2018 DRAFT 03/21/2018 LEA STEFANI, Town Clerk Page 4 of 4 Town Council Resolution No.xx-2018 DRAFT 03/21/2018 TOWN OF TIBURON Town Council Meeting E� March 21,2018 1SOS Tiburon Boulevard g Tiburon, CA 94920 Agenda Item: T)�-2— STAFF PO . To: Mayor and Members of the Town Council From: Michael J. Cronin, Chief of Police , Scott Anderson, Director of Community Development Subject: Amendments to Tiburon Municipal Code: Consider Amending Chapter 25 of the Municipal Code to Delete Sections 25-4 and 25-5 Regarding Unlawful Juvenile Gatherings; Repeal and Replace Chapter 22 (Minors) of the Tiburon Municipal Code with a New Chapter 22 (Minors and Social Host untability); Town File#MCA2018-0 l Reviewed By: � BACKGROUND This proposed ordinance would update the Town's existing regulations regarding parties, gatherings or events at which alcohol is served to persons under 21 years of age, and would consolidate these provisions with other regulations in the Municipal Code that relate to minors. The proposed ordinance would also expand the provisions to include prohibitions on the consumption of marijuana and controlled substances by persons under the age of 21 at such parties, gatherings or events. Although drinking alcoholic beverages is illegal for people under the age of 21, parties involving underage drinking and drug use present a significant danger to young people and the community due to the risks associated with intoxicated driving. The gatherings occur both with and without parents' knowledge or consent. The purpose of"Social Host Ordinances" is to address the problem of underage parties where drinking and/or drug use occurs. Such ordinances hold adults responsible for any youth drinking that occurs on their property, whether or not the adults are present. The ordinances are enforced by local law enforcement, and penalties consist of a series of escalating fines. The Town adopted its first social host-type ordinance in 1992. By 2009, every Marin municipality and the County of Marin had adopted some form of social host ordinance. Tiburon's current Social Host Ordinance (codified as Municipal Code Sections 25-4 and 25-5) and entitled "Unlawful Juvenile Gatherings", broadly prohibits all parties or gatherings where alcohol is being consumed by a minor. A violation of this section is an infraction with a fine of$100.00 for the first offense, $200.00 for a subsequent offense within one year, and $500.00 for subsequent offenses within the same year. Additionally, Section 25-5 permits the police department to recover the actual costs of police response for any additional response to a gathering beyond an initial contact. TOWN OF TIBURON PAGE 1 OF 3 Town.Council Mecting March 21,2018 With the recent state-wide legalization of marijuana use for recreational purposes by adults, many Marin jurisdictions are updating their social host ordinance provisions to include marijuana and controlled substances. Recent experience dictates the necessity to also consider the prohibition of juvenile parties, gatherings or events in vehicles such as party buses, motor homes, mobile homes, and limousines, and in hotels or on rented property, when alcohol, marijuana or controlled substances are consumed. ANALYSIS In brief summary, the proposed ordinance (Exhibit 1)would amend the municipal code by: 1. Adding use of marijuana and any controlled substances to the existing alcohol prohibition. 2. Adding new locales in which an unlawful juvenile party, gathering, or event will be prohibited to include: party buses, limousines, motor homes and mobile homes, hotels, and rented properties. 3. Adding the potential for referral to the "restorative justice program" of the Juvenile Probation Department for persons less than 18 years of age found to be participating in a party, gathering or event in violation of the Ordinance. 4. Relocating the social host ordinance provisions from Chapter 25 (Offenses---Miscellaneous) to Chapter 22 (Minors and Social Host Accountability) to be grouped with other Municipal Code provisions regarding juveniles and minors. The proposed amendments also contain non-substantive changes in existing ordinance provisions regarding minors, including curfew provisions, and in consistency of use of defined terms. With respect to social host provisions, the proposed amendments provide the following new elements: Marijuana and Controlled Substances The recent legalization of marijuana has increased its availability and may reinforce the idea that it is a"harmless" substance. Additionally,teen use of controlled substances such a prescription drugs, including Oxycodone and Norco continues to rise. The amendments to the Social Host regulations seek to prevent teen drug use by prohibiting parties where (in addition to alcohol), marijuana and controlled substances are consumed by people under the age of 21 years. Unlawful "Party, Gathering, or Event"Includes Buses and Rental Properties, etc. Unlawful youth parties occur not only in residences, but also in party buses and limousines, motor and mobile homes, hotels, and rented properties. In a widely reported case in 2016, police officers stopped a rental bus at the Larkspur Ferry Terminal that contained 33 minors between the ages of 15 and 17, along with 30 containers of hard alcohol, marijuana, and various prescription drugs. To address this aspect of the issue, the ordinance amendments prohibit gatherings on buses and limousines and in rental properties at which alcohol, marijuana or controlled substances are consumed by underage individuals. Juveniles Accountable for Hosting Unlawful Parties The proposed ordinance amendments clarify that both adults and minors may be held responsible for hosting an unlawful party. If the minor is not emancipated, then the parents or legal guardians will be held liable for any penalties. TOWN OF TIBIJRON Page 2 of 3 Town Council Meeting March 21,2018 Restorative Justice Program Restorative justice programs utilize peer-to-peer communication, accountability strategies, and parent participation in an effort to reduce recidivism and prevent future illegal activity. These programs are useful in encouraging an underage violator to learn from the experience. The proposed amendments provide that the Chief of Police or his designee may require a violator who is under the age of 18 years to participate in a restorative justice program that is accredited by the Marin Superior Court and the Director of the Marin County Department of Health and Human Services. The participation would be required in lieu of a fine. Definitions New or revised definitions for"minor", "alcohol", "alcoholic beverage", "marijuana", "party, gathering or event", "controlled substance", "underage person", "police services", "responsible person", "restorative justice program", and"threat to the public peace, health, safety or general welfare". Existing Municipal Code provisions being amended or replaced are attached as Exhibit 2. FINANCIAL IMPACT No substantive financial impacts are anticipated. ENVIRONMENTAL DETERMINATION The proposed amendments are covered by the general rule that the California Environmental Quality Act(CEQA) applies only to projects that have the potential for causing a significant effect on the environment pursuant to CEQA Guidelines Section 15061(b)(3). It can be clearly seen that the proposed amendments have no potential to cause a significant impact on the environment. RECOMMENDATION 1. That the Town Council conducts a public hearing and considers the proposed ordinance. 2. Initiate a motion to read the ordinance by title only. If the motion is seconded and passed, the Mayor will read aloud the full title of the proposed ordinance. 3. Initiate a motion to approve by a roll call vote the first reading of the ordinance and to wave all future reading of the ordinance. If the motion is seconded and passed,the proposed ordinance would return for adoption at the next regular meeting of the Town Council. EXHIBITS 1. Draft ordinance. 2. Current provisions of Municipal Code being affected by the proposed amendments. TOWN OF TIBURON Page 3 of 3 I ORDINANCE NO. XXX N. S. 2 3 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON 4 REPEALING PORTIONS OF CHAPTER 25 "OFFENSES—MISCELLANEOUS", 5 REPEALING CHAPTER 22 "MINORS", AND ADOPTING A NEW CHAPTER 22 6 "MINORS AND SOCIAL HOST ACCOUNTABILITY" 7 OF THE TIBURON MUNICIPAL CODE 8 9 10 SECTION 1. Findings. 11 12 (A)With respect to the adoption of Article I set forth herein, the Town Council of the Town 13 of Tiburon finds as follows: 14 1. Loitering by minors during the late hours of the night increases the likelihood of 15 criminal activity by and against the young people of the City. Such loitering therefore 16 represents a threat to the health, safety, and general welfare of the City, and to the 17 welfare of its youth. 18 2. Reasonable restrictions on late-night loitering by minors in the City will reduce 19 criminal activity by and against youth, enhancing the health, safety, and general 20 welfare of the City's residents. 21 3. It is the intent of the City Council to allow minors under the age of eighteen to move 22 about freely while participating in legitimate activities, and to pursue legitimate 23 activities during the hours specified in Section 9.06.020 with the permission of his or 24 her parent, guardian, or other adult person having the lawful care and custody of the 25 minor. 26 4. The Town Council finds that the provisions contained in Article I are in large part a 27 restatement and re-codification of existing ordinance provisions adopted by the 28 Council in 1964. 29 (B)With respect to the adoption of Article II set forth herein, the Town Council of the Town 30 of Tiburon finds and declares as follows: 31 1. Underage drinking is directly involved in the deaths of approximately 5,000 youths 32 under the age of 21 every year nationwide. 33 2. A 2007 Surgeon's General's Call to Action reports that alcohol use may alter 34 adolescents' development and put them at a higher risk for long-lasting, detrimental 35 effects on the developing brain. 36 3. State law now allows the use of marijuana by adults age 21 and over, and data is 37 available indicating marijuana use by minors is increasing. 38 4. Minors obtain, possess, or consume alcohol, marijuana and/or controlled substances 39 at private parties held on private property that are under the control of an adult or 40 "social host" who knows, or should know, of such conduct but fails to stop it. 41 5. Town of Tiburon Municipal Code provisions regarding Social Host Accountability 42 were first adopted in 1992 in order to reduce underage access to alcohol by holding 43 adults responsible for hosting youth gatherings where alcohol is present. 44 6. Unlawful youth gatherings with alcohol and controlled substances not only occur in 45 homes, but also in other private property including rented halls and facilities, and 46 rented vehicles. 1"_IiZIMTIBIT NO. p, L ®� "I 47 7. The Town of Tiburon wishes to discourage minors from using alcohol and other 48 controlled substances, and prevent unlawful minor gatherings with alcohol and other 49 controlled substances wherever they occur. 50 8. The Town of Tiburon wishes to add a restorative justice component to its regulations 51 for offenders under the age of 18 in order to encourage rehabilitation. 52 9. The consumption of alcohol, controlled substances and/or marijuana by 53 persons under the age of 21 years is unlawful and presents a danger to the 54 well-being of the underage persons consuming alcohol and those persons 55 coming into contact with such persons. 56 10. A party or gathering is not properly supervised or controlled and presents a 57 threat to the public safety, health, and welfare when the person owning or 58 controlling the premises suffers or permits any person under the age of 21 59 years to consume alcohol, controlled substances, and/or marijuana. 60 11. Any party or gathering where persons under the age of 21 years are 61 consuming alcohol, controlled substances, and/or marijuana constitutes a 62 potential hazard for those present at the event and those who might come into 63 contact with any such underage persons after said persons leave the event and 64 enter the public realm. 65 12. Control by the police of parties or gatherings where alcohol, controlled 66 substances, and/or marijuana is being consumed by persons under the age of 67 21 years is necessary when such activity is determined to be a threat to the 68 peace, health, safety, or general welfare of the public. 69 13. The occurrence of parties or gatherings at which persons under the age of 21 70 years consume alcohol, controlled substances, and/or marijuana contributes to 71 an increase in alcohol and other substance abuse, driving under the influence, 72 excessive noise, traffic, and vandalism within the neighborhood or area of the 73 party or gathering, and threatens public safety by increasing the risks of 74 alcohol, controlled substance, and/or marijuana-related incidents causing 75 personal injury and/or death. 76 14. Police responses associated with dispersing parties and gatherings where 77 alcohol, controlled substances, and/or marijuana is consumed by persons 78 under the age of 21 years and/or controlling participants at such events causes 79 a shift of police staffing and resources and diverts police resources from other 80 law enforcement activities that are necessary to protect the public safety and 81 welfare. 82 15. Current State law prohibiting conduct that contributes to the delinquency of a 83 minor does not address liability for allowing the consumption of alcohol, 84 controlled substances, and/or marijuana by persons who are 18 years of age or 85 older on premises under the control of an adult. 86 87 (C)With respect to the adoption of this Ordinance generally, the Town Council of the Town 88 of Tiburon finds as follows: 89 1. The Town Council held a duly noticed public hearing on March 21, 2018 to consider 90 the adoption of this Ordinance, and considered all information and public input 91 received. Town of Tiburon Ordinance No.XXX N.S. DRAFT Effective--1--/2018 2 92 2. Based upon the findings above, the Town Council finds that adoption of this 93 Ordinance is necessary for the protection of the public health, safety, and welfare. 94 3. The Town Council finds the adoption of this Ordinance consistent with the goals and 95 policies of the Tiburon General Plan and in furtherance of its objectives. 96 4. The Town Council finds that adoption of this Ordinance is categorically exempt from 97 the California Environmental Quality Act("CEQA") under CEQA Guideline 98 15061(b)(3) (common sense exemption), because it can be seen with certainty that 99 there is no possibility that the adoption could have a significant environmental effect. 100 101 SECTION 2. Amendment of Chanter 25. 102 103 Title VI, Chapter 25 (Offenses—Miscellaneous) of the Tiburon Municipal Code is hereby 104 amended as follows: 105 106 A. Section 25-4 (Unlawful Juvenile Gatherings) is hereby repealed. 107 108 B. Section 25-5 (Police Services Fee for Second Response) is hereby repealed. 109 110 SECTION 3. Reveal of Chapter 22. 111 112 Title VI, Chapter 22 (Minors) of the Tiburon Municipal Code is hereby repealed in its entirety. 113 114 SECTION 4. Adoption of Chapter 22. 115 116 Title VI, Chapter 22 (Minors and Social Host Accountability) of the Tiburon Municipal Code is 117 hereby adopted to read as follows: 118 119 120 Chapter 22 121 MINORS AND SOCIAL HOST ACCOUNTABILITY 122 123 Article I. Curfew for Minors and Minors Generally 124 125 22-10. Purpose. 126 127 The purpose of this article is to establish reasonable restrictions on the 128 unaccompanied activities of minors with respect to curfew hours; unaccompanied 129 presence in hotels, motels, restaurants, cafes, and similar establishments during curfew 130 hours, and unaccompanied operation of motor vehicles during curfew hours; and to 131 establish penalties for the violation of such restrictions and for aiding and abetting the 132 violation of such restrictions. The adoption of these regulations is for the express 133 purposes of protection of the public health, safety and welfare and curtailing juvenile 134 delinquency. 135 136 137 Town of Tiburon Ordinance No.XXX N.S. DRAFT Effective--1--/2018 3 138 22-20. Definitions. 139 140 For the purpose of this article, the following definition shall apply: 141 142 "Minor" means a person under the age of eighteen years. 143 22-30. Curfew for persons under eighteen years of age (minors). 144 It is unlawful for any Minor to loiter, idle, stroll or play in any public street, public square, 145 park or any public place between the hours of eleven p.m. and daylight immediately following; 146 provided that the provisions of this section do not apply when the Minor is accompanied by a 147 parent, guardian or other adult person having the care and custody of the Minor, or where the 148 Minor is upon an emergency errand or legitimate business directed by his parent, guardian or 149 other adult person having the care and custody of the Minor, or when the Minor is going to or 150 returning directly home from a meeting, dance, recreational activity, as well as going to and 151 from such activity. 152 22-40. Presence of Minors in hotels, boarding houses, etc., to be reported; exceptions. 153 Each owner, agent, manager or keeper of a hotel, motel, boarding house, lodging house, 154 tenement house, apartment house or similar establishment shall immediately report to the chief 155 of police or other designated officer in charge of law enforcement for the Town the presence 156 therein of any Minor who he or she has reason to believe to be under the age of eighteen years; 157 provided that the provisions of this section do not apply when the Minor is accompanied by a 158 parent, guardian or other adult person having the care and custody of the Minor. In making such 159 report, the name, age, last known place of abode and the names and residences of the parents, 160 guardians or other custodians of such Minor shall be stated, and such report shall include such 161 other or further information as can be ascertained from such Minor or otherwise. 162 22-50. Minors prohibited in restaurants, cafes, bars, dance halls, etc., after certain hours; 163 exception. 164 No proprietor, keeper, clerk or any other person having charge or control of any cafe, 165 tavern, restaurant, bar, eating place, public dance hall, or similar establishment shall permit any 166 Minor to remain in such public place between the hours of eleven p.m. and daylight 167 immediately following; provided that the provisions of this paragraph do not apply when the 168 Minor is accompanied by a parent, guardian or other adult person having the care and custody 169 of the Minor. 170 22-60. Operation, etc., of vehicles by Minors after certain hours prohibited; exceptions. 171 It is unlawful for any Minor to operate a motor vehicle or ride in or on a motor vehicle, 172 about the public streets, alleys, avenues, parks, public squares or any other public places 173 between the hours of eleven p.m. and daylight immediately following, when not accompanied 174 by a parent or legal guardian having legal custody and control of the Minor, or when not 175 accompanied by another adult person having the care and custody the Minor; provided that the Town of Tiburon Ordinance No.XXX N.S. DRAFT Effective--1--/2018 4 176 provisions of this section do not apply to any Minor who shall be operating or riding in a motor 177 vehicle engaged in gainful employment or upon an emergency errand, or on legitimate business 178 directed by the parent, guardian or other adult person having the care and custody the Minor. 179 The chief of police or other designated officer in charge of law enforcement for the Town is 180 empowered and authorized to impound any motor vehicle that is being operated or used in 181 violation of this section. 182 22-70. Violations by Minors; penalties. 183 Any Minor who shall violate any of the provisions of this article shall be guilty of a 184 misdemeanor and subject to the provisions of division 2, chapter 2 of the Welfare and 185 Institutions Code of the state. 186 22-80. Aiding, abetting, permitting, etc.,violations by Minors. 187 Any person assisting, aiding, abetting, permitting or encouraging any Minor to violate any 188 of the provisions of this article is guilty of a violation of this Code. As used in this section, the 189 word "permitting" is not limited to its affirmative meaning, but includes negative action 190 implying no affirmative act and involving no intent, but shall include passivity or abstaining 191 from preventive action; as used in this section, such term means to allow to be done, either by 192 consent or by not prohibiting; as used in this section such term also means to give an 193 opportunity to a Minor who will take advantage of the opportunity unless restrained; and such 194 term, as used in this section, also means allowing or acquiescing by failing to prevent, or 195 conceding or granting or giving leave or suffering or tolerating or sanctioning. 196 Article II. Social Host Accountability 197 198 22-90. Title. 199 200 This article shall be known as the Social Host Accountability regulations of the 201 T own of Tiburon. 202 203 22-100. Purpose. 204 205 The purpose of this article is to protect the public health, safety, and welfare by 206 establishing reasonable regulations regarding the possession or consumption by underage 207 persons of alcohol, controlled substances, and/or marijuana at gatherings and events; 208 setting forth responsibility for hosting gatherings or events at which such possession or 209 consumption occurs; and setting forth penalties for violations and recovery provisions for 210 police service costs and related costs. 211 212 22-110. Definitions. 213 214 For the purpose of this article, the following definitions shall apply. 215 A. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of 216 wine, from whatever source or by whatever process produced. Town of Tiburon Ordinance No.XXX N.S. DRAFT Effective--1--/2018 5 217 B. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and 218 every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which 219 contains one-half of one percent or more of alcohol by volume and which is fit for 220 beverage purposes either alone or when diluted, mixed, or combined with other 221 substances. 222 C. "Controlled substance"means a drug or substance described in 223 California Health and Safety Code section 11007, as may be amended or 224 superseded, provided that the term does not include any drug or substance for 225 which an individual found to have possessed or consumed such drug or substance 226 has a valid prescription issued by a licensed medical practitioner authorized to 227 issue such a prescription. 228 D. "Marijuana" means all parts, as a whole or in part, of the Cannabis 229 plant, whether growing or not, the seeds thereof, and/or the resin extracted from 230 any such plant; and every compound, manufacture, derivative or preparation of 231 such plant including seeds, resin, and concentrated marijuana. The prohibition 232 herein includes marijuana in any form including, but not limited to, cigarettes, 233 vapor, food products, or any other product of marijuana that can be smoked or 234 ingested. 235 E. "Underage person" means any person less than 21 years of age. 236 F. "Party, gathering, or event" means a group of persons who have 237 assembled, or are assembling, for a social occasion or for a social activity that is 238 occurring at a place where alcohol, controlled substances, and/or marijuana are 239 being consumed by one or more persons. 240 G. "Police services" include: the salaries and benefits paid to the police 241 personnel for the amount of time actually spent in responding to, or in remaining 242 at, the party, gathering, or event, at a rate established by resolution of the Town 243 Council; the actual cost of any medical treatment to injured personnel; and the 244 cost of repairing any damaged Town equipment or property. 245 H. "Responsible person" means a person or persons with a right of 246 possession of the residence or other private property, party bus, or limousine, at 247 which a party, gathering, or event takes place including, but not limited to: 248 1. Any owner of the residence or other private property, 249 regardless of the actual residence of the person or entity. 250 2. A tenant or lessee of such residence or other private 251 property. 252 3. The landlord of another person responsible for the party, 253 gathering, or event provided that the landlord received notice of a prior loud or 254 unruly gathering at the same residence or private property. 255 4. The person or persons in charge of the residence or other 256 private property. 257 5. The person(s) who organizes, supervises, officiates, 258 conducts, or controls the party, gathering, or event. A Responsible Person need 259 not be present at such party, gathering, or event and prior knowledge of the 260 gathering is not a prerequisite to a finding that an individual is a Responsible 261 Person as defined in this article. Town of Tiburon Ordinance No.XXX N.S. DRAFT Effective--1--/2018 6 262 I. "Restorative justice program" means a program accredited or approved 263 by a California Superior Court or by the Director of the Marin County 264 Department of Health and Human Services or his or her designee that 265 incorporates restorative practices such as peer-to-peer review, accountability, and 266 parent participation, in an effort to reduce youth recidivism and deter future adult 267 criminality. 268 J. "Threat to the public peace, health, safety or general welfare" shall 269 mean any of the following: excessive noise, vandalism, boisterous or unruly 270 conduct, street congestion, public drinking and/or usage of controlled substances 271 and/or marijuana, fighting, disturbance of the peace of the neighborhood in which 272 the event is taking place, or any violation of law committed by anyone in 273 attendance at the party, gathering or event. 274 275 22-120. Unlawful Gatherings by Underage Persons on Private Property. 276 277 It shall be a violation of this article for any responsible person to conduct or allow 278 in a residence or other private property, place, or premises under his or her control 279 (including but not limited to rental halls or facilities, whether publicly or privately owned 280 and maintained, rental vehicles of any type, or vehicles of any type licensed and/or hired 281 to transport passengers in return for payment of a fare) a party, gathering, or event at 282 which an underage person consumes or possesses alcohol, controlled substances and/or 283 marijuana, where the responsible person knows, or reasonably should have known, that 284 an underage person has obtained, possesses, or is consuming alcoholic beverages, 285 controlled substances, and/or marijuana. This article shall not apply to possession or 286 consumption of alcohol under the supervision of a parent or guardian in connection with 287 a cultural or religious activity. 288 289 22-130. Hosting by Underage Persons. 290 291 In the event that an underage person hosts a party, gathering, or event at which an 292 underage person consumes or possesses alcohol, controlled substances and/or marijuana, 293 in violation of this article, and no other responsible person is present at such gathering, 294 then the underage person shall be deemed to be a responsible person. If the underage 295 person is not emancipated within the meaning of the California Family Code, then the 296 parents or legal guardians having custody of that underage person shall be jointly and 297 severally liable with the underage person for any penalties and response costs imposed 298 pursuant to this article, whether or not such parents or guardians are deemed to be 299 responsible persons hereunder or have or had knowledge of the gathering. 300 301 22-140. Violations; Civil Fines; Mandatory Community Service. 302 303 Each violation of this article is punishable as follows: 304 A. Each violation shall constitute a civil violation punishable as set forth in 305 Chapter 31 of this Code or by any other remedy available to the Town under this 306 Code or state law. The election of remedies shall be at the sole discretion of the 307 Town. Town of Tiburon Ordinance No.XXX N.S. DRAFT Effective--1--/2018 7 308 B. A first violation of this article may be punishable by a fine of seven 309 hundred fifty dollars ($750). A second violation of this article may be punishable 310 by a fine of eight hundred seventy-five dollars ($875). A third and each 311 subsequent violation of this article may be punishable by a fine of one thousand 312 dollars ($1000). 313 C. In place of, or in addition to, any other remedies available to the Town 314 under this Code, the Town may require a person who is under the age of eighteen 315 at the time of the violation to participate in a restorative justice program. 316 317 22-150. Police services—second response. 318 When a party, gathering or event occurs on private property and a police officer at 319 the scene determines that there is a threat to the public peace, health, safety, or general 320 welfare, the responsible person(s) for the event will be held liable for the cost of 321 providing police services during a second or additional response by the police, after a 322 first warning to the responsible person(s) for the event, to control the party, gathering, or 323 event. 324 325 22-160. Police services cost. 326 The police services cost to be assessed under this article shall include the cost of 327 personnel and equipment, but shall not exceed two thousand ($2,000.00) dollars for a 328 single party, gathering, or event,provided, however, that the Town does not hereby waive 329 its right to seek reimbursement for actual costs exceeding two thousand ($2,000.00) 330 dollars through other legal remedies. The amount of costs for providing police services 331 shall be deemed a debt owed to the Town by the responsible person. If the responsible 332 person is under 18 years of age and is not emancipated within the meaning of the Family 333 Code, the parent(s) or guardian(s) of the responsible person shall be jointly and severally 334 liable. Any person liable under this article for the costs of providing police services shall 335 be liable in an action brought in the name of the Town for recovery of such costs, 336 including reasonable attorney's fees incurred by the Town in recovering the costs under 337 this article. In addition to the remedies provided by this article, the Town may seek to 338 recover costs for damage to any Town-owned property that arises out of a violation of 339 this article by any means available pursuant to this Code or state law. 340 341 SECTION 5. Severability. 342 343 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this 344 Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or 345 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or 346 effectiveness of the remaining portions of this Ordinance. The Town Council hereby declares 347 that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or 348 phrase of this Ordinance irrespective of the fact that one or more sections, subsections, 349 subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or 350 effective. To this end the provisions of this Ordinance are declared to be severable. 351 352 353 Town of Tiburon Ordinance No.XXX N.S. DRAFT Effective--1--12018 8 354 SECTION 6. Effective Date. 355 356 This Ordinance shall take effect and be in force thirty (30) days after the date of passage, 357 and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the 358 ordinance shall be published with the names of the members voting for and against it at least 359 once in a newspaper of general circulation published in the Town of Tiburon. 360 361 This Ordinance was introduced at a regular meeting of the Town Council of the Town of 362 Tiburon on , 2018, and was adopted at a regular meeting of the Town Council of the 363 Town of Tiburon on , 2018, by the following vote: 364 365 366 AYES: COUNCILMEMBERS: 367 368 NAYS: COUNCILMEMBERS: 369 370 ABSENT: COUNCILMEMBERS: 371 372 373 374 375 376 JIM FRASER, MAYOR 377 Town of Tiburon 378 379 ATTEST: 380 381 382 383 384 LEA STEFANI, TOWN CLERK Town of Tiburon Ordinance No.XXXN.S. DRAFT Effective--1--/2018 9 22-1 Chapter 22 to be under the age of eighteen years; provided that the provisions of this section do not apply when the MINORS minor is accompanied by a parent,guardian or other adult person having the care and custody of such Sections: minor. In making such report, the name, age, last 22-1 Curfew for persons under known place of abode and the names and residences eighteen years of age. of the parents,guardians or other custodians of such 22-2 Presence of minors in hotels, minors shall be stated, and such report shall include lodginghouses, etc., to be such other or further information as can be ascer- reported; exceptions. tained from such minor or otherwise. (Ord. No. 23, 22-3 Minors prohibited in § 3) restaurants, cafes, dance halls, etc., after certain hours; 22-3 Minors prohibited in restaurants, exception. cafes, dance halls, etc., after 22-4 Operation, etc., of vehicles after certain hours; exception.* certain hours prohibited; No proprietor, keeper, clerk or any other person exceptions. having charge or control of any cafe,tavern,restau- 22-5 Violations by minors; penalties. rant, bar, eating place or public dance hall shall 22-6 Aiding, abetting, permitting, permit any person under the age of eighteen years etc., violations by minors. to remain in such public place between the hours of eleven p.m. and daylight immediately following; 22-1 Curfew for persons under provided, that the provisions of this paragraph do eighteen years of age. not apply to a minor accompanied by his parent, It is unlawful for any minor under the age of guardian or other adult person having the care and eighteen years to loiter, idle, stroll or play in any custody of the minor. (Ord. No. 23, § 4) public street,public square,park or any public place between the hours of eleven p.m. and daylight of * As to food and food establishments generally, see ch. 10 of this the following day; provided that the provisions of code. this section do not apply to a minor accompanied by 22-4 Operation, etc., of vehicles after his parent,guardian or other adult person having the certain hours prohibited; care and custody of the minor, or where the minor exceptions. is upon an emergency errand or legitimate business It is unlawful for any person under the age of directed by his parent, guardian or other adult per- eighteen years to operate a motor vehicle or ride in son having the care and custody of the minor. (Ord. or on a motor vehicle, about the public streets, No. 23, § 1) alleys, avenues, parks, public squares or any other public places between the hour of eleven p.m. and 22-2 Presence of minors in hotels, the time of sunrise of the following day, when not lodginghouses, etc., to be reported; exceptions. accompanied by his parent or legal guardian having legal custody and control of such person or other Each owner,agent,manager or keeper of a hotel, adult person having the care and custody of such boardinghouse,lodginghouse,tenement house,apart- person; provided, that the provisions of this section ment house or motor court shall immediately report do not apply to any such person who shall be oper- ating the chief of police or other designated officer in or riding in a motor vehicle engaged in gainful charge of law enforcement for the town the presence employment or upon an emergency errand, or on therein of any minors who he has reason to believe 211 . B ofd 22-4 legitimate business directed by his parent, guardian or other adult person having the care and custody of such person. The chief of police or other designated officer in charge of law enforcement for the town is empowered and authorized to impound any motor vehicle which is being operated or used in violation of this section. (Ord No. 23, § 5) 22-5 Violations by minors; penalties. Any minor who shall violate any of the provi- sions of this chapter shall be guilty of a misdemean- or and subject to the provisions of chapter 2, divi- sion 2 of the Welfare and Institutions Code of the state. (Ord. No. 23, § 6) 22-6 Aiding, abetting, permitting, etc., violations by minors.* Any person assisting,aiding,abetting,permitting or encouraging any minor under the age of eighteen years to violate any of the provisions of this chapter is guilty of a violation of this Code. As used in this section, the word "permitting" is not limited to its affirmative meaning, but includes negative action implying no affirmative act and involving no intent, but shall include passivity or abstaining from preventive action; as used in this section, such term means to allow to be done, either by consent or by not prohibiting; as used in this section such term also means to give an opportunity to a minor under the age of eighteen years who will take advantage of the opportunity unless restrained; and such term, as used in this section, also means allowing or acquiescing by failing to prevent, or conceding or granting or giving leave or suffering or tolerating or sanctioning. (Ord. No. 23, § 2) * As to motor vehicles and traffic generally,see ch.23 of this Code. 212 EXHIBITof P• __, _ 25-5 other donations by calling upon residences in pe ° constitute an infraction,punishable as set forth in s n; and Government Code section 36900. (Ord. No. 387 (2) The peddling,hawking or offering for ale N.S., §2; Ord. No. 453 N.S., §2(part)) of ods for profit by any individual or org iza- tion Ming upon residences in person. 25-5 Police services fee for second (i) Any person violating any provisio of this response. section all be guilty of an infraction nd upon (a) For purposes of this section the follow- convictio shall be subject to payme of a fine ing definitions shall apply: not to exc d the limits set forth in s ction 36900 "Party" means a group of persons who have of the Gov nment Code. (Ord. 46, ch. 10; assembled, or are assembling, for a social occa- Ord. No. 39 N.S., § 1; Ord. No. 453 N.S., § 2 sion, activity, event or gathering. (part)) 'Person responsible for the event" means the person who owns, rents, leases or otherwise has 25-3 Wat rcourses— bstructing, control of the premises where the party takes place, divert g, etc.* the person in charge of the premises, and/or the (a) It is unlawfu for a y person to dump or person who organized the party. If the person place,or to permit to b d ped or placed,depos- responsible for the party is a minor, then the par- ited, maintained or ac mulated in any natural ent(s) or guardian(s) of that minor will be jointly watercourse on publi private property any and severally liable for the costs incurred for police debris,garbage,rubbi ,tr sh,brush,timber,dirt, services pursuant to this section. fill, rocks, waste pi s or y other commodity 'Police services" means and includes the ac- whatsoever that ob ructs,pre nts,diverts or tends tual time spent by police officers, dispatchers or to obstruct, prev t or divert t e normal, natural other police department personnel in responding or ordinZoythi flow of water in sue watercourse. to or remaining at the party for the purpose of (b) g contained in thi section shall be controlling or dispersing those persons present. deemed to p hibit the improvem nt or realign- (b) When a party occurs on private property ment on pr' ate property of any n tural water- and a police officer at the scene determines that course so not to obstruct, prevent divert the there is a threat to the public peace, health, safety natural w of water in such waterco rse at its or general welfare, the officer shall inform the point o entry onto or exit from sue private person(s) responsible for the party that they will prope y, provided that all required per its are be liable for the cost of providing police services obta' ed prior to such work. (Ord. No. 1 , § 1; during a second or follow-up response by the po- Or . No. 453 N.S., §2 (part)) lice. ( d. No. 557 N.S., §4, 5-20-2015) (c) If the police are required to respond to the * As to harbors and waterways,see ch. 17 of this Code. party a second time, the person(s) responsible for the party shall be liable for all actual costs of 25-4 Unlawful juvenile gatherings. police services related to the second and any sub- No person shall suffer,permit,allow or host a sequent responses. The costs billed may include, party, gathering or event at his or her place of but are not limited to, all costs of police depart- residence or other private property,place or prem- ment personnel involved in the response,damages ises under his or her control where five or more to town property or equipment and any medical persons under the age of twenty-one are present costs incurred. The amount of such fees shall be and alcoholic beverages are in the possession of, deemed a debt owed to the town by the person(s) or being consumed by,any person under the age of responsible for the party,and,if those persons are twenty-one years. A violation of this section shall minors, their parents and guardians. The per- 233 (Tiburon Supp.No.22,7-15) EXHIBIT I p._I_of 25-5 son(s)responsible shall also be liable for the town's reasonable attorney fees if legal proceedings are required to recover the debt. (Ord. No. 387 N.S., § 3; Ord. No. 453 N.S., §2(part)) (Tiburon Supp.No.22,7-15) 234 EXHIBIT �� P. L- of