HomeMy WebLinkAboutTC Agenda 2018-04-04 TONIN OF TIBUIZON Tiburon Town Council
Tiburon Towel Hall Aril 4,2018
1505 Tiburon Boulevard p
Tiburon, CA 94920 Regular Meeting
7:30 p.m.
TIBURON
TOWN COUNCIL
AGENDA
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 comments to three(3)minutes.
INTRODUCTION OF NEW TOWN STAFF
• Sung Kwon,Planning Manager
PRESENTATION
• Sue Kwentus,Tiburon representative to the Marin Commission on Aging
"Age Friendly Cities"
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 29, 2018 special meeting (Town Clerk
Stefani)
CC-2. Municipal Code Amendments — Adopt ordinance making amendments to Chapter 25 of the
Tiburon Municipal Code Regarding Unlawful Juvenile Gatherings and Chapter 22 (Minors and
Social Host Accountability) (Police Department/Community Development Department)
CC-3. 2017 Storm Drain Lining Project — Award contract to Miksis Services and authorize Town
Manager to increase design contract contingency(Department of Public Works)
CC-4. 2017 Storm Drain Rehabilitation Project — Award contract to Oak Grove Construction and
authorize Town Manager to increase design contract contingency (Department of Public
Works)
ACTION ITEMS
AI-1. Tiburon Peninsula Traffic Relief Joint Powers Authority — Discussion regarding possible
modified contract with First Student and potential increased cost to Town (Town Manager
Chanis)
TOWN COUNCIL REPORTS
TOWN MANAGER REPORT
WEEKLY DIGESTS
• Town Council Weekly Digests—March 23&30,2018
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
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 5 days before the meeting.
Requests should be sent to the Office of the Town Clerk at the above address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at,or prior to,the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN COUNCIL
SPECIAL MEETING
DRAFT MINUTES
SPECIAL MEETING—8:30 A.M.
Ma as called the spe ng of the Tiburon Town Council to order at 8:30 a.m.
on Thursday, March 29, 2018, in To Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS: Fraser, Fredericks, Welner
ABSENT: COUNCILMEMBERS: Kulik, Thier
PRESENT: EX OFFICIO: Town Manager Chanis, Town Attorney Stock,
Director of Public Works/Town Engineer Barnes,
Town Clerk Stefani
ORAL COMMUNICATIONS
There were none.
ACTION ITEMS
AI-1. Hawthorne Design Contract Award—Authorize Town Manager to execute contract
with Harris & Associates for completing Plans and Specifications for Hawthorne
Undergrounding project,and authorize related budget amendment(Department of Public
Works)
Town Manager Chanis said the Council held the required Public Hearing and tabulation of votes for
the Hawthorne Undergrounding District on February 7, 2018, and there was not a majority protest.
He said the 30-day protest period has expired,and the next step in the project is to award the design
contract to Harris & Associates, and authorize two related budget amendments for completion of
plans and specifications on the undergrounding project and the associated paving project.
Councilmember Fredericks explained that the Town's contribution toward this project was based the
Town's interest in seeing the poles along the Old Rail Trail come down, and a discount to the non-
profits in the district. She said it has been the Town's policy in the past to not contribute to
undergrounding districts, and wished to clarify that was still the case.
Mayor Fraser opened the floor for public comment.
Town Council Minutes#08-2018 DRAFT March 29, 2018 Page 1
Ken Weil said he would like to see improved communication between the Town and the district on
this project, and suggested the Town distribute a newsletter to the neighborhood with relevant
information and/or hold more neighborhood meetings as project milestones approach.
Mayor Fraser suggested Mr.Weil work with Town staff to determine the best way to approach future
communications with the district as the project moves forward. Chanis agreed.
MOTION: To authorize a budget amendment of $500,000 for the Hawthorne Utility
Undergrounding project from Unallocated General Fund Reserves, authorize the Town
Manager to award a design contract for the Hawthorne Utility Undergrounding project to
Harris & Associates in the amount of$427,476, authorize a budget amendment for the
Hawthorne Utility Undergrounding Resurfacing project to Harris & Associates in the
amount of$46,220 from the Street Impact Fund, and 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.
Moved: Fredericks, seconded by Welner
VOTE: AYES: Fraser, Fredericks, Welner
ABSENT: Kulik, Thier
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser
adjourned the meeting at 8:40 a.m.
JIM FRASER, MAYOR
ATTEST:
LEA STEFANI, TOWN CLERK
Town Council Minutes#08-2018 DRAFT March 29, 2018 Page 2
" Town Council Meeting
TOWN OF TIBURON April 4,2018
f1ti 1505 Tiburon Boulevard Agenda Item:
Tiburon,CA 94920
P,
STAFF REPORT
To: Mayor & Members of the Town Council
From: Police Chief and Director of Community Development -
Subject: Amendments to Municipal Code Regulations Regarding Minors and
Social Host Accountability: Consider Amendments to Tiburon
Municipal Code Title VI, Chapter 22 and Chapter 25 (Offenses---
Miscellaneous); File MCA2018-01; Town-initiated Amendments
(Adop of Ordinance)
Reviewed by:
BACKGROUND
This Ordinance would expand provisions of the Town's Social Host Accountability regulations
regarding parties, events and gatherings where underage persons consume alcohol. It would also
update curfew provisions relating to minors (persons under the age of 18). The Town Council
made revisions to the draft of the ordinance following a public hearing at its meeting on March
21, 2018, then passed first reading and waived additional readings. The ordinance now comes to
the Town Council for adoption.
PROCEDURE
This is a Consent Calendar item. The Council's motion to adopt this item on the Consent
Calendar will constitute a motion to confirm the waiver of second reading from the previous
meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item
on the Consent Calendar will constitute the equivalent of a roll call vote and will be recorded
within the ordinance. Should any Councilmember choose to vote differently on this item than
other items on the Consent Calendar,then the vote on this item should be taken separately from
other items appearing on the Consent Calendar such that individual votes may be properly
recorded. Should the Council wish to discuss the item, it must be removed from the Consent
Calendar and voted upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve the adoption of Ordinance No. 576 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBIT
1. Draft Ordinance No. 576 N. S.
1 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 Town. Such loitering
16 therefore represents a threat to the health, safety, and general welfare of the Town,
17 and to the welfare of its youth.
18 2. Reasonable restrictions on late-night loitering by minors in the Town will reduce
19 criminal activity by and against youth, enhancing the health, safety, and general
20 welfare of the Town's residents.
21 3. It is the intent of the Town 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 Article 1 herein with the permission of his or her
24 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.
F
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.ADOPTION 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.ADOPTION 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 emancipated within
147 the meaning of the California Family Code, accompanied by a parent, guardian or other adult
148 person having the care and custody of the Minor, or where the Minor is upon an emergency
149 errand or legitimate business directed by his parent, guardian or other adult person having the
150 care and custody of the Minor, or when the Minor is going to or returning directly home from
151 an educational or school-related activity, a recreational, religious, political, or cultural activity,
152 as well as going to and from such activity.
153 22-40. Presence of Minors in hotels, boarding houses, etc., to be reported; exceptions.
154 Each owner, agent, manager or keeper of a hotel, motel, boarding house, lodging house,
155 tenement house, apartment house or similar establishment shall immediately report to the chief
156 of police or other designated officer in charge of law enforcement for the Town the presence
157 therein of any Minor who he or she has reason to believe to be under the age of eighteen years;
158 provided that the provisions of this section do not apply when the Minor is accompanied by a
159 parent, guardian or other adult person having the care and custody of the Minor. In making such
160 report, the name, age, last known place of abode and the names and residences of the parents,
161 guardians or other custodians of such Minor shall be stated, and such report shall include such
162 other or further information as can be ascertained from such Minor or otherwise.
163 22-50. Minors prohibited in restaurants, cafes, bars, dance halls, etc., after certain hours;
164 exception.
165 No proprietor, keeper, clerk or any other person having charge or control of any cafe,
166 tavern, restaurant, bar, eating place, public dance hall, or similar establishment shall permit any
167 Minor to remain in such public place between the hours of eleven p.m. and daylight
168 immediately following; provided that the provisions of this paragraph do not apply when the
169 Minor is accompanied by a parent, guardian or other adult person having the care and custody
170 of the Minor.
171 22-60. Operation, etc., of vehicles by Minors after certain hours prohibited; exceptions.
172 It is unlawful for any Minor to operate a motor vehicle or ride in or on a motor vehicle,
173 about the public streets, alleys, avenues, parks, public squares or any other public places
174 between the hours of eleven p.m. and daylight immediately following, when not accompanied
175 by a parent or legal guardian having legal custody and control of the Minor, or when not
Town of Tiburon Ordinance No.XXX N.S.ADOPTION DRAFT Effective 4--/2018 4
176 accompanied by another adult person having the care and custody the Minor; provided that the
177 provisions of this section do not apply to any Minor who shall be operating or riding in a motor
178 vehicle engaged in gainful employment or upon an emergency errand, or on legitimate business
179 directed by the parent, guardian or other adult person having the care and custody the Minor.
180 The chief of police or other designated officer in charge of law enforcement for the Town is
181 empowered and authorized to impound any motor vehicle that is being operated or used in
182 violation of this section.
183 22-70. Violations by Minors; penalties.
184 Any Minor who shall violate any of the provisions of this article shall be subject to the
185 provisions of division 2, chapter 2 of the Welfare and 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.
189 Article 11. Social Bost Accountability
190
191 22-90. Title.
192
193 This article shall be known as the Social Host Accountability regulations of the
194 Town of Tiburon.
195
196 22-100. Purpose.
197
198 The purpose of this article is to protect the public health, safety, and welfare by
199 establishing reasonable regulations regarding the possession or consumption by underage
200 persons of alcohol, controlled substances, and/or marijuana at gatherings and events;
201 setting forth responsibility for hosting gatherings or events at which such possession or
202 consumption occurs; and setting forth penalties for violations and recovery provisions for
203 police service costs and related costs.
204
205 22-110. Definitions.
206
207 For the purpose of this article, the following definitions shall apply.
208 A. "Alcohol" means ethyl alcohol, hydrated oxide of ethyl, or spirits of
209 wine, from whatever source or by whatever process produced.
210 B. "Alcoholic beverage" includes alcohol, spirits, liquor, wine, beer, and
211 every liquid or solid containing alcohol, spirits, liquor, wine or beer, and which
212 contains one-half of one percent or more of alcohol by volume and which is fit for
213 beverage purposes either alone or when diluted, mixed, or combined with other
214 substances.
215 C. "Controlled substance" means a drug or substance described in
216 California Health and Safety Code section 11007, as may be amended or
Town of Tiburon Ordinance No.XXXNS.ADOPTION DRAFT Effective--1--/2018 5
217 superseded, provided that the term does not include any drug or substance for
218 which an individual found to have possessed or consumed such drug or substance
219 has a valid prescription issued by a licensed medical practitioner authorized to
220 issue such a prescription.
221 D. "Marijuana"means all parts, as a whole or in part, of the Cannabis
222 plant, whether growing or not, the seeds thereof, and/or the resin extracted from
223 any such plant; and every compound, manufacture, derivative or preparation of
224 such plant including seeds, resin, and concentrated marijuana. The prohibition
225 herein includes marijuana in any form including, but not limited to, cigarettes,
226 vapor, food products, or any other product of marijuana that can be smoked or
227 ingested.
228 E. "Underage person" means any person less than 21 years of age.
229 F. "Party, gathering, or event" means a group of persons who have
230 assembled, or are assembling, for a social occasion or for a social activity that is
231 occurring at a place where alcohol, controlled substances, and/or marijuana are
232 being consumed by one or more persons.
233 G. "Police services" include: the salaries and benefits paid to the police
234 personnel for the amount of time actually spent in responding to, or in remaining
235 at, the party, gathering, or event, at a rate established by resolution of the Town
236 Council; the actual cost of any medical treatment to injured personnel; and the
237 cost of repairing any damaged Town equipment or property.
238 H. "Responsible person" means a person or persons with a right of
239 possession of the residence or other private property, party bus, or limousine, at
240 which a party, gathering, or event takes place including, but not limited to:
241 1. Any owner of the residence or other private property,
242 regardless of the actual residence of the person or entity.
243 2. A tenant or lessee of such residence or other private
244 property.
245 3. The landlord of another person responsible for the party,
246 gathering, or event provided that the landlord received notice of a prior loud or
247 unruly gathering at the same residence or private property.
248 4. The person or persons in charge of the residence or other
249 private property.
250 5. The person(s) who organizes, supervises, officiates,
251 conducts, or controls the party, gathering, or event. A Responsible Person need
252 not be present at such party, gathering, or event and prior knowledge of the
253 gathering is not a prerequisite to a finding that an individual is a Responsible
254 Person as defined in this article.
255 I. "Restorative justice program" means a program accredited or approved
256 by a California Superior Court or by the Director of the Marin County
257 Department of Health and Human Services or his or her designee that
258 incorporates restorative practices such as peer-to-peer review, accountability, and
259 parent participation, in an effort to reduce youth recidivism and deter future adult
260 criminality.
261 J. "Threat to the public peace, health, safety or general welfare" shall
262 mean any of the following: excessive noise, vandalism, boisterous or unruly
Town of Tiburon Ordinance No.XXX N.S.ADOPTION DRAFT Effective--1--/2018 6
263 conduct, street congestion, public drinking and/or usage of controlled substances
264 and/or marijuana, fighting, disturbance of the peace of the neighborhood in which
265 the event is taking place, or any violation of law committed by anyone in
266 attendance at the party, gathering or event.
267
268 22-120. Unlawful Gatherings by Underage Persons on Private Property.
269
270 It shall be a violation of this article for any responsible person to conduct or allow
271 in a residence or other private property,place, or premises under his or her control
272 (including but not limited to rental halls or facilities whether publicly or privately owned
273 and maintained; rental vehicles of any type; watercraft; and vehicles of any type licensed
274 and/or hired to transport passengers in return for payment of a fare) a party, gathering, or
275 event at which an underage person consumes or possesses alcohol, controlled substances
276 and/or marijuana, where the responsible person knows, or reasonably should have known,
277 that an underage person has obtained, possesses, or is consuming alcoholic beverages,
278 controlled substances, and/or marijuana. This article shall not apply to possession or
279 consumption of alcohol under the supervision of a parent or guardian in connection with
280 a cultural or religious activity.
281
282 22-130. Hosting by Underage Persons.
283
284 In the event that an underage person hosts a party, gathering, or event at which an
285 underage person consumes or possesses alcohol, controlled substances and/or marijuana,
286 in violation of this article, and no other responsible person is present at such gathering,
287 then the underage person shall be deemed to be a responsible person. If the underage
288 person is not emancipated within the meaning of the California Family Code, then the
289 parents or legal guardians having custody of that underage person shall be jointly and
290 severally liable with the underage person for any penalties and response costs imposed
291 pursuant to this article, whether or not such parents or guardians are deemed to be
292 responsible persons hereunder or have or had knowledge of the gathering.
293
294 22-140. Violations; Civil Fines; Mandatory Community Service.
295
296 Each violation of this article is punishable as follows:
297 A. Each violation shall constitute a civil violation punishable as set forth in
298 Chapter 31 of this Code or by any other remedy available to the Town under this
299 Code or state law. The election of remedies shall be at the sole discretion of the
300 Town.
301 B. A first violation of this article may be punishable by a fine of seven
302 hundred fifty dollars ($750). A second violation of this article may be punishable
303 by a fine of eight hundred seventy-five dollars ($875). A third and each
304 subsequent violation of this article may be punishable by a fine of one thousand
305 dollars ($1000).
306 C. In place of, or in addition to, any other remedies available to the Town
307 under this Code, the Town may require a person who is under the age of eighteen
308 at the time of the violation to participate in a restorative justice program.
Town of Tiburon Ordinance No.XXX N.S.ADOPTION DRAFT Effective 4--/2018 7
309
310 22-150. Police services—second response.
311 When a party, gathering or event occurs on private property and a police officer at
312 the scene determines that there is a threat to the public peace, health, safety, or general
313 welfare, the responsible person(s) for the event will be held liable for the cost of
314 providing police services during a second or additional response by the police, after a
315 first warning to the responsible person(s) for the event, to control the party, gathering, or
316 event.
317
318 22-160. Police services cost.
319 The police services cost to be assessed under this article shall include the cost of
320 personnel and equipment, but shall not exceed two thousand ($2,000.00) dollars for a
321 single party, gathering, or event, provided, however, that the Town does not hereby waive
322 its right to seek reimbursement for actual costs exceeding two thousand ($2,000.00)
323 dollars through other legal remedies. The amount of costs for providing police services
324 shall be deemed a debt owed to the Town by the responsible person. If the responsible
325 person is under 18 years of age and is not emancipated within the meaning of the Family
326 Code, the parent(s) or guardian(s) of the responsible person shall be jointly and severally
327 liable. Any person liable under this article for the costs of providing police services shall
328 be liable in an action brought in the name of the Town for recovery of such costs,
329 including reasonable attorney's fees incurred by the Town in recovering the costs under
330 this article. In addition to the remedies provided by this article, the Town may seek to
331 recover costs for damage to any Town-owned property that arises out of a violation of
332 this article by any means available pursuant to this Code or state law.
333
334 SECTION 5. Severability.
335
336 If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
337 Ordinance, or any part thereof, is for any reason held to be unconstitutional or invalid or
338 ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
339 effectiveness of the remaining portions of this Ordinance. The Town Council hereby declares
340 that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or
341 phrase of this Ordinance irrespective of the fact that one or more sections, subsections,
342 subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional or invalid or
343 effective. To this end the provisions of this Ordinance are declared to be severable.
344
345 SECTION 6. Effective Date.
346
347 This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
348 and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
349 ordinance shall be published with the names of the members voting for and against it at least
350 once in a newspaper of general circulation published in the Town of Tiburon.
351
352 This Ordinance was introduced at a regular meeting of the Town Council of the Town of
353 Tiburon on March 21, 2018, and was adopted at a regular meeting of the Town Council of the
354 Town of Tiburon on , 2018, by the following vote:
Town of Tiburon Ordinance No.XXXXS. ADOPTION DRAFT Effective--1--/2018 8
355
356
357 AYES: COUNCILMEMBERS:
358
359 NAYS: COUNCILMEMBERS:
360
361 ABSENT: COUNCILMEMBERS:
362
363
364
365
366
367 JIM FRASER, MAYOR
368 Town of Tiburon
369
370 ATTEST:
371
372
373
374
375 LEA STEFANI, TOWN CLERK
Town of Tiburon Ordinance No.XXX N.S.ADOPTION DRAFT Effective--1--/2018 9
TOWN OF TIBURON Town Council Meeting
Aril 4,2018
• 1505 Tiburon Boulevard P
<r v Tiburon, CA 94920 Agenda Item:
a
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Recommendation to Award the 2017 Storm Drain Lining Project to Miksis
Services
Reviewed By: Greg Chanis, Town Manager
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 second project, pipe lining with permit requirements. The Town
received one bid from Miksis Services in the amount of$347,702. The engineer's estimate was
$350,000. The bid is 0.7% under engineer's estimate.
ANALYSIS
Miksis Services was deemed to be a responsive and responsible bidder.
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
lined saving a considerable amount of money. The combined construction estimate for all three
contracts in this project is $600,000. We now have the bid results for all three projects with the
combined contractual obligation of$576,364 which is 4% less than the combined estimate.
Bid Results
Pipe Lining w/Permits $66,630.00
Pipe Lining w/o Permits $347,702.00
Civil Work $162,032.00
Total $576,364.00
RECOMMENDATION
1. Allow the Town Manager to approve the award of contract for the 2017 Storm Drain
Lining Project to Miksis Services for $347,702.
2. Allow the Town Manager the flexibility to increase the design contract by 15%
($52,000) as a contingency to cover any design or construction issues that are not now
readily apparent.
Prepared by: Patrick Barnes,Town Engineer
Town Council Meeting
TOWN OF TIBURON g
�•
April 4,2018
1505 Tiburon Boulevard
Tiburon, CA 94920 Agenda Item: 9
STAFF REPORT
To: Mayor and Members of the Town Council
From: Department of Public Works
Subject: Recommendation to Award the 2017 Storm Drain Rehabilitation Project to
Oak Grove Construction
Reviewed By: Greg Chanis Town Manager
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 that it would be cost
efficient to split the project into three parts. 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 third project, civil work to replace pipes. The Town received the
following eight bids:
Oak Grove Construction - $162,032
Glosage Engineering - $184,499
D&D Pipelines - $185,000
Ghilotti Bros - $244,660
WR Forde - $178,650
Massa Construction - $248,220
Wildcat Engineering - $214,172
Wylatti Construction - $194,120
ANALYSIS
Oak Grove Construction was deemed to be a responsive and responsible bidder.
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
lined saving a considerable amount of money. The combined construction estimate for all three
contracts in this project is $600,000. We now have the bid results for all three projects with the
combined contractual obligation of$576,364 which is 4% less than the combined estimate.
Bid Results _
Pipe Lining w/Permits $66,630.00
Pipe Lining w/o Permits $347,702.00
Civil Work $162,032.00
Total $576,364.00
RECOMMENDATION
1. Allow the Town Manager to approve the award of contract for the 2017 Storm Drain
Rehabilitation Project to Oak Grove Construction for $162,032
2. Allow the Town Manager the flexibility to increase the design contract by 15%
($24,304) as a contingency to cover any design or construction issues that are not now
readily apparent.
Prepared by: Patrick Barnes,Town Engineer
r
TOWN OF TIBURON Town Council Meeting
Aril 4,2018
c. 1505 Tiburon Boulevard P
Tiburon, CA 94920 Agenda Item: Al - I
. t
STAFF
PO .
To: Mayor& Members of the Town Council
From: Office of the Town Manager
Subject: Tiburon Peninsula Traffic Relief JPA-Town Contribution Update
Reviewed by:
BACKGROUND
In 2015, the Town of Tiburon ("Town") partnered with the City of Belvedere ("City") and the
Reed Union School District ("RUSD") to create the Yellow Bus Challenge ("YBC"). The goal of
the YBC was to reduce traffic congestion along Tiburon Boulevard by providing safe, high
quality yellow bus transportation for students of the RUSD. In 2016, the Town, City and RUSD
formed the Tiburon Peninsula Traffic Relief Joint Powers Authority ("JPA") to administer the
YBC program. Prior to the formation of the JPA, the District entered a 5-year contract with First
Student to provide transportation services for the District (July 2015 - June 2020). Subsequent to
the formation of the JPA, all parties agreed to transfer the contract from the District to the JPA.
At the conclusion of the current school year in June, there will be two years remaining in the
current contract, with the contract expiring on June 30, 2020.
The 6-member Board of the JPA, which is comprised of 2 representatives from each member
agency (Town, City and District), recently directed the Tiburon Town Manager to explore the
possibility of extending/modifying the existing contract beyond the current expiration date, with a
goal of achieving the following objectives:
• A new 5-year term
• Stronger penalty provisions for service disruptions caused by factors the Contractor
controls
• A requirement that new buses be provided at the beginning of the next school year
(August 2018)
The JPA Board feels if a new contract meets the above objectives, the YBC program could
benefit in the following ways:
Decrease in Service Disruptions
To date, in the current school year, there have been 29 service disruptions attributed to factors
within the control of First Student. Of these disruptions, 23, or 79%, were caused by driver
absences, and 6, or 21%, were caused by mechanical issues with buses. Stronger penalty
provisions, along with a requirement to provide new equipment, have the potential to address
both of the causes of service disruptions.
Potential Enhanced Safety
California is one of only six states with a law requiring school buses have seat belts. However,
this only applies to buses manufactured after July 2005, and as some of the buses currently used
in our program were manufactured prior to that date, only some of the buses used in our program
include seat belts. A provision requiring all new buses would result in all of the buses used in our
program having seat belts.
It should be noted the efficacy of school bus seat belts in increasing rider safety is not universally
agreed on. In fact, a National Highway Traffic Safety Administration study, which looked at
accident data between 2003 and 2012, concluded requiring seat belts on large new school buses
"would appear to have little, if any, benefit in reducing serious-to-fatal injuries."
Other studies offer different, but less concrete conclusions. For instance, the National Traffic
Safety Board — a separate but related agency to the National Highway Traffic Safety
Administration— investigated a 2012 New Jersey school bus crash in which one child was killed.
Investigators concluded that riders with belts — particularly the shoulder-style belts required in
California — are safer than riders in buses without any belts and safer than riders with only lap
belts, writing: "School buses with compartmentalization alone or lap belts are at risk."
Increased Pass Sales
The continued viability of the YBC program ultimately relies on selling a sufficient number of
bus passes to both achieve a meaningful reduction in traffic congestion and minimize the burden
on the Town (and City) to financially subsidize the program. This will be increasingly
challenging in coming years as the RUSD is experiencing a decrease in overall enrollment, a
trend which District staff anticipates will continue in the future. The JPA Board believes a
modified contract as described above has the potential to attract new passholders to the program.
ANALYSIS
Conversations with First Student regarding modified contract language are ongoing, but they
have provided proposed pricing for a new 5-year contract which would include a provision to
provide all new buses for the 2018-19 School Year, and this pricing is unlikely to change. Based
on this pricing, the estimated cost increase in the Transportation Service Contract would be an
estimated $113,400, or 18%, higher than if we continued with the current contract. The
spreadsheet attached as Exhibit 1 includes columns which show the following:
• Fiscal Year 2018 (Current Year) Budget
• Draft Fiscal Year 2019 Budget if the program continued under the current contract
• Draft Fiscal Year 2019 Budget if the program continued under a modified contract as
described above
In the current Fiscal Year, the Town provided a subsidy to the program of $198,841. If the
program continued forward under the current contract, the estimated required subsidy from the
Town would decrease by $14,627, or 7.3%, as compared to the FY 2018 subsidy.
Alternatively, if the program moves forward under a new contract as described above, the
estimated required subsidy from the Town would increase by$75,758, or 38.1% as compared to
the FY 2018 subsidy.
Finally, comparing the estimated Town subsidy moving forward under the current contract to the
estimated Town subsidy under a new contract results in a difference of$90,404, or 49%.
Staff is bringing this item to Council now as if the JPA Board wishes to move forward with a
modified contract soon, the anticipated financial impact will need to be incorporated into the
Town's upcoming Fiscal Year 2019 budget process.
One additional piece of information to note is the JPA is likely to have reserves totaling
approximately $150,000 at the end of the current Fiscal Year (June 30, 2018). The JPA Board
could choose to allocate a portion of these reserves to the Fiscal Year 2019 Operating Budget,
This would, for at least a year, lessen the financial impact to the Town (and City) resulting from
any contract modification.
RECOMMENDATION
Staff recommends the Town Council receive the Staff Report on this item and provide direction
to staff and the Town's representatives on the JPA Board as to their position on this matter.
EXHIBIT
1. Tiburon Peninsula Traffic Relief JPA Budget Scenario Spreadsheet
Tiburon Peninsula Traffic Relief Joint Powers Agency
Fiscal Year 2019 Budget Scenarios
April 4, 2018
s
Revenue
Pass Sale Revenue FV 2018 Budget Draft Budget Draft Budget
Current Contract New Contract
RUSD Bus Pass Sales 383,500 414,225 414,225
Cove School Bus Pass Sales 20,650 36,225 36,225
Pass Sale Revenue Sub'-Totali 404,150 450,450 450,450
Other Revenue
Tiburon Contribution(80%of unfunded subsidy) 198,841 184,214 274,618
Belvedere Contribution to Subsidy(20%of unfunded subsidy) 49,710 46,053 68,654
RUSD Contribution 15,000 15,000 15,000
Corte Madera Contribution 25,000 25,000 25,000
County of Marin Contribution 37,000 50,000 50,000
Grant Funding 25,000 15,000 15,000
Private Donations 2,5001 605 1,000
Other Revenue Sub-Total 353,0511 335,872 449,272'`
Program Revenue Total'1 $757,201 $786.3221 $899,722'
°EXP�NSE$
First Student Bus Contract Cost 587,580 619,920 733,320
Operations Support Contract with Marin Transit 63,950 65,868 65,868
JPA Program Manager 25,000 25,000 25,000
Consulting to Develop Program 5,000 5,000 5,000
Vehicle Tracking System 9,000 9,000 9,000
Find My Bus App 3,571 3,571 3,571
Bus Parking(Paid to County of Marin) 12,600 12,600 12,600
Credit Card Processing Fees(Shopify) 10,500 10,500 10,500
Administrative Expenses 5,000 7,500 7,500
JPA Liability Insurance 8,500 5,863 5,863
Legal expense 5,000 5,000 5,000
Miscellaneous 5,000 5,000 5,000
Portable Toilets for bus parking 1,500 1,500 1,500
Contigency Allowance 15,000 10,000 10,000
Expense Total1 $757,2011 $786,3221 $899,722`
Budget Assumptions
Cost Per 4-hour Bus 424 441
Cost Per 5'-hour Bus 473 ,;; f 212
Number of 4-hour Buses per day 0 0 0
Number of 5 hour buses per day 7 7 7
School Days 180 181 r < .
RUSD Pass Sales ` 1,300 V
Cove School Pass sales 70
Pass Price(One Way) 295
Draft Budget under 'Current Contract'assumes no equipment change
Draft Budget under 'New Contract'assumes all new buses
EXHIBIT NO. --'