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Home My WebLink AboutTC Digest 2007-02-09 ~ TOWN COUNCIL WEEKLY DIGEST Week of Febmary 5 -9,2007 Tiburon 1. Correspondence from Fani Hansen - re: 2135 Vistazo East - Fence 2. Memorandum from Dan Watrous - re: 2135 Vistazo East - Fence 3. Correspondence from Henry Herold - re: Breach of Duty - BMR Program 4. Correspondence from Reed School- re: Thank You for Use of Town Hall Agendas & Minutes 5. Agenda - Bel{Tib Jt. Recreation - February 12, 2007 6. Agenda - POSC - February 13, 2007 7. Agenda - Design Review Board - February 15, 2007 Regional a) Notice of Public Hearing - MMWD Rate Increase - March 21, 2007 b) Amend. To App. - Blue & Gold Fleet - Fare Increase - Tib-SF & Points c) Invitation - MCCMC - Town of Fairfax - February 28,2007 d) Correspondence from Bay Area Council- re: Outlook Conference 2007 * e) Comcast Bay - Newsletter - January 2007 * f) Great Age - Newsletter Marin Commission on Aging - Winter 2007 * g) Connections - Newsletter Center for Civic Partnerships - Winter 2007 * h) Bay Area Monitor - Newsletter League of Women Voters - Feb./March 2007 * Agendas & Minutes i) Agenda - Marin Countywide Mtg - Growth, Conserv.,& Fund. - Feb. 12, 2007 j) Agenda - Marin Healthcare District - February 5, 2007 * Council Only _w .._,--~._~- --.------.-.----"-...-.....' ^ ~._,---_.,"---_.,,--_._,,--,-"_._----,------,._-_..--_.--------,--_.. I. February 6, 2007 Town Council DIGEST Planning Commission Design Review Board Town ofTiburon 1505 Tiburon Blvd., Tiburon, CA 94920 Re: 2135 Vistazo East, Tiburon, CA Design Review, New single- family dwelling, scheduled for February 15,2007 Dear Mayor Gram, Council Members, Planning Commissioners, Design Review Members: This communication refers to the application for a new home at 2135 Vistazo East. The purpose of it is to bring to your attention the process used to notify or fail to notify neighbors in the immediate area of the proposed improvement. The fence of the subject property significantly impacts the value of the adjacent neighbors. None of the immediate neighbors: 450 Ridge Road, Danadjieva 460 Ridge Road, Armitage 2151 Vistazo East, Halprin- Reynolds 2131 V istazo East, O'Donovan have received notifications, not withstanding the fact that there is a record of such notification in the Town's files. The fence was approved on staff level without neighbor's notification receipt. This letter is to request that the two improvements, the house and the fence be reviewed simultaneously by the Design Review Board and any other Board or Commission that may be involved in the approval of this project. We, as well as our neighbors, expect that you will correct the failed notification and approval process. Thank you for your attention. ~.~ Fani D. Hansen, AlA Architect P.O.Box 868, Tiburon, CA 94920; (415) 794-6401 0207/ Design Review Fcb.06.07.doc cc: Armitage, Halprin- Reynolds, O'Donovan d. TOWN OF TIBURON DIGES.,. k 1505 Tiburon Boulevard Tiburon, CA 94920 \11 \IOI{ \ \ III \1 Date: February 9, 2007 To: Mayor and Members of Town Council From: Daniel M. Watrons, Planning Manager Subject: Letter re: Design Review Approval for Fence at 2135 Vistazo East On April 18, 2005 a Staff-level Site Plan and Architectural Review application was filed to construct a six foot (6') tall wire mesh deer fence with wood posts along the rear portion of the property located at 2135 Vistazo East Street. Notices were mailed on April 27, 2005 to all property owners of record within 100 feet of the applicant's property. The notice indicated that a decision would be made on the application no later than May 9,2005. A copy of the notice and the property owners' list is attached. No public comments were received regarding this application, and no notices were retwned to Town Hall as undeliverable. As a result, Staff approved the application on May 10, 2005. No appeal was filed regarding this decision, and the applicant subsequently obtained a building permit and has constructed the fence. The Town records indicate that Planning Staff correctly followed all procedures in the approval of this fence application. There is no evidence in the record to indicate that the permit was issued in error, and therefore the fence was legally constructed. Town ofTiburon. 1505 Tiburon Boulevard. Tiburon, CA 94920. P 4] 5.435.7373 F. 415.435.2438 . WW'N.ci.riburon.ca.m PLANNING DIVISION PUBLIC COURTESY NOTICE SITE PLAN & ARCHITECTURAL REVIEW APPLICATION ADDRESS: 2135 Vistazo East APPLICANT/OWNER: Quirk FILE NO.: 705058 NOTICE IS HEREBY GIVEN an application for Site Plan and Architectural Review for the following exterior alterations to the property located at the address mentioned above was filed with the Town of Tiburon Planning Division on April 18, 2005. PROJECT DESCRIPTION: Install a wire mesh deer fence with wood posts not to exceed six feet in height around the rear hillside area of the property. The proposed deer fence would be connected to the existing solid board fence toward the front of the property. The application is on file at the office of the Town of Tiburon Planning Division. The proposed project has been determined to be categorically exempt from the requirements of the California Environmental Quality Act, pursuant to Section 15301. No formal public hearing is scheduled to be held on this application. A decision on this application will be reached administratively by the Planning Division no earlier than Mav 9. 2005. Appeal of the administrative decision of the Planning Division may be made by the applicant or any aggrieved person within five (5) working days following the date of the decision. Appeals must be made in writing to the Planning Division accompanied by a $300 filing fee. Appeals are scheduled for a meeting and public hearing before the Design Review Board. If you have any questions or concerns regarding this proposal, please contact this office at (415) 435-7397. Knstin ~<istant Planner ~<o/as- Date r (j) . $;i.. .....- """~ lmpression antibourrage et a sechage raplde - WWW.dV~IY.~UIII ~ A.VC.~T\!Y :,lbU"->' Utilisez Ie gabarit 51601> - 1.SOD-GQ-AVERY 059-082-04 059-141-01 059-082-23 ARMITAGE-BAKKUM MARGUERJTE 1 BIALLA MELISSA M FIGOUR MICHAEL P TR 460 RlDGE RD 285 HILLSIDE AVE 2131 VISTAZO EAST ST TIBURON CA 94920 MILL V ALLEY CA 94941 TlBURON CA 94920 059-082-07 059-082-21 059-082-03 HALPERN IRVING TR ETAL HANNAHS FRED C TR HANSEN F ANI D 215 I VIST AZO EAST ST 440 RJDGE RD PO BOX 868 TIBURON CA 94920 TlBURON CA 94920 ! TlBURON CA 94920 059-141-04 059-141-25 059-082-08 HEILBRON DAVID M ITR LARSEN KELL B QUIRK JOSEPH F JR 2140 VISTAZO EAST ST 2120 VIST AZO EAST ST 2135 VISTAZO EAST ST TIBURON CA 94920 TlBURON CA 94920 TlBURON CA 94920 Quirk 2135 vistazo east Staff 04-19-05 1l09~S @l\HaJ\V ~ AlI3^,lf-o!)-(JOB- ~ - 1l09~5 3J.Y1dIl\lll1lI.JaA'\f asn WO,"l.JaAe'N\MN\ - 6u~U"'d aaJ~ a6pnws pue wer RECE!VED HENRY HEROLD ARCHITECT FEB - 7 ZOO7 3. ARCHITECTURE - PLANNING roWN MANAGER" OFFICE INTERIOR DESIGN TOWN OF TIBURON 2 DAVIS DRIVE * TIBURON, CALIFORNIA 94920 * TEL: (415)435-0326 February 7, 2007 Barbara Collins Marin Housing Authority Board of supervisors 3501 ci~ic Center Drive, suite 329 San Rafael, California 94903 Re: Authority Correction for Breach of Duty and Covenant by Failing to Monitor, Supervise and Oversee the BMR Homeownership Program. Dear Ms. Collins, Board and Authority: Thank you for the review of February 1, 2007 with Ms. Collins on the abuse of discretion by the Town, County and Judicial Coact'as a 'club: ietaliatory actions and 'entrapment' with excessive measures to smear and demonize me for just complaints against the Town of Tib- uron open Space and Nature Preserve abuses, and misuse of the BMR Homeownership Program as a device to gain discriminatory Staff rental units. Just complaints weresubject to many harrassments culminating with the use of a wilY disbarred Attorney'" lure to entrap me into an honest mistake by mistakenlY including a transposed similar statment in a just $f,lOO car damage Small Claims Court claim without benefit of prior discovery. Physical injury was added to this abuse by a totally unnecessary 'political' jail incarceration which threatened my elderly infirm mother's life and caused me to be hospitalized with a near heart at- tack and a permanent continuing heart condition. The Authority Director should advise and mandate the Board of Sup- pervisors,as the Authorit~ to perform its duty as specified in the followinf documents (previously attached). 1. Addendum A To Condominium Grant Deed (Homeownership) (1987) 2. Memorandum of Procedures for Resale of Units (with Monitoring of Occupancy for' purchasers) (1987 ) 3. Return of Original Documents Specifying Authority Responsibility for Overseeing the BMR Homeownership Program (199l) Therefor~,the Authority should ,after over 16 yearsrdb its monitory supervisory and overseeing duty by directing the Town of Tiburon · to conform to the intention of the Homeownership Program by selling all it now owns and rents to qualified purchasers as specified. Further, the Authority should direct the Town to abandon its Option to Purchase my unit because the publicly~on the record"actions of Town R~nager Alex McIntyre ( now Assistant County Administrator) and Town Mayor Andrew Thompson to "leave town)!' ,have precluded the peaceful enjoyment bf my home during retirement. Perforce. I must relocate. Enclosed are Legal excerpts that allow you declaratory relief to accomplish this. Yours truly, -I f~M1:r ~ Enclosurs Henry He old ee: Town >-" . "" ~ CALIFORNIA REAL ESTATE CONTRACTS (Relevant Excerpts) CALIFORNIA INTERPRETATIONS OF RESTRICTIVE COVENANTS The Restrictive Covenant Documents must be constructed as a whole; and particular words or clauses will be subordinated to general intent. In ascertaing the intent of the language expressing the Covenant the Court will look to the purpose for which the restriction was imposed. (Resale Option addendum was intended for new purchasers for the Homeownership Program not rentals by the Town) Statute of Limitations (Code Civil Proc.336 (bd) will not bar commission of an action for violation of a restriction before January 1, 2001) ~Refusing Relief) City of Tiburon v. Northwestern Pac.RRC. (1970) 4 CA APP. 3d * 160,177.) REVIEW OF ADMINISTRATIVE AGENCY POLICY. Declarative Relief is available under C$de. Civ.Porc. 11060. to challenge an Administrative Agency Policy (Town of Tiburon and Marin Housing Authority) of ignor- ing or violating applicable Laws and regulation: (calif. Real Estate Laws) even though no specific agency decision is challenged, In declaratory relief action to challenge an administra+ '1 I I: tion agency pOlicy; trial Court may consider evidence of Agency POlicy and Practices; administration actions had been challenged by administrative mandamus. {Maaadamus is a writ issued by Superior Court ordering a public official or body (Town of Tiburon) or a lower court to perform a specified duty (Secure new purchaers as Homeowners in order to maintain the Homeownership Policy intention.) The Marin County Housing Authority in administering the Town of Tiburon '.s BMR Homeownership Program failed to challenge by administrative mandamus the Town of Tiburons illegal diversion of the BMR Homeownership Project for its own Staff' rental purposes contrary to the Resale Option Addendum intention to secure other purchasers. The Housing Authorty, Board of Supervisors and the Town of Tiburon, have failed to serve the BMR Homeowners, the Homeownership Program intention and the Public interest. 6, CALIFORNIA REAL ESTATE CONTRACTS (Relevant Excerpts) Article 3:50 Contractual Liability (Undisclosed P~pal) The Principal is liable for the acts of the Agent (Authority) with" the actual or ostensible Authority. Knowledge is imparted between the Principal (Town) and the Agent(Authority). In any third party claim against the principal (Town) both principal (Town) and agent (Authority) are both deemed to of whatever either has notice of, which should in good faith and exercise of ordinary care communicate to the other. ( This was not done between the Town and the Authority. Authority did not know of Town's Staff Rental policy.) Liability of undisclosed Principal. Inadequate Contract ident- ification. When a Contract is executed by an agent and does not indentify the principal, or contains an inadequate identification of the principal the agent is personally liable for the perform- ance of the Contract. ( The alledged 'clerical error' mis- use of the 'Authority:) Either the principal or the agent is liable. When an agent signs a Contract without adequate identity of the principal both the Agent and the Principal are liable under the contract. (Applies to alledged 'clerical error' refering to nAuthority~) Article 34:2 What Constitutes a Breach of Contract. Failure to perform a covenant is a breach of contract. A covenant is a promise to do (or not do) a specific act. ( Resale to middle income purchasers.) This is sometimes referred to as a 'breach of duty~ under the contract. A breach of contract is an unjustified or unexcused failure of a material covenant in the contract. (Resale to middle in- come purchasers) Breach of Covenant or a duty which is also a condition just- ifies recovery of damages. When a party (Town or Authority) fail to perform a term of the contract that is both a covenant and a condition of the contract (Resale to midd18 income purchasers) the other party is excused from performing (Option offering first right of refusal to the Town at unreasovable low cost.) and is entitled to damages for the breach. 4, RELEVANT DICTIONARY DEFINITIONS OPTION: The act of choosing; choice. By Contract; the right or privledge of demanding a specified fulfillment during a specified time. (Law: Unspecified time to b~ a reasonable time.) OVERSEE: To watch over and direct; Supervise. SUPERVISE: To direct and inspect performance. To oversee or superintend. AUTHORITY: The right and power to command, enforce, determine or judge. ADMINISTRATOR: One who administers, especially Public affairs. ADMINISTER: To have charge of, direct or manage. ADMINISTRATION: The management of affairs. AGENT: One that acts for or has the power or Authority to act. One that acts for or as a representative for another. PURCHASE: Law: To aquire property legally by means other than inheritance. PURCHASER: One who purchases by the act of buying. RENTER: One who pays rent to another for the use of anothers property. ( Govermental agencies (Towns, etc. ) do not own and rent private property. Example; The U.S. Postal Services leases and rents its facilities.) BREACH: A violation or infraction of a Law, legal obligation or promise. COVENANT: A formal contract, a particular clause of such contract or a suit to recover damages for violation of such a contract made by two or more persons or parties. --..-- - DIGEST RECEIVED FEB - 9 2007 ell REED UNION SCHOOL DISTRICT - z Q., TOWN MANAGERS OFFICE c: '" 277-AKarenWay' Tibumn,CA94920. lel,415.381.1112. fa" 415.384.0890 'f. TOWN OF TIBURON ~ '" (:.;. .-.....; Board of Trustees e . reaC~ Merrill Boyce Teri Jacks Daniel Jackson Lisa Mathews Vickie Mavromihalis Christine M. Carter Superintendent John C. Frick Business Manager February 7, 2007 Ms. Peggy Curran Town Manager !505 Tiburon Blvd. Tiburon, CA 94920 Re: Reed Union School District Use of Tiburon Town Han Dear Peggy; Thank you for allowing the Reed Union School District to use the Tiburon Town Hall Council Chambers on February 1 and 2, 2007. The use of the room allowed our Strategic Planning Team to meet "off-site" and focus on how the District can continue to best meet the needs of the children of our community. The room certainly met all of our needs, and your staff was very helpful throughout the process. Thank you again for making your facility available to the Reed Union School District and the Tiburon community. Sincerely, ~ Christine M. Carter Superintendent !:: DIGEST $. ~ -vr :i .~ '- ~Recreatlon Department BEL VEDERE- TIBURON JOINT RECREA nON COMMITTEE Special Meeting Monday, February 12, 2007 7:00 p.m. Tiburon Town Hall - Tiburon Community Room 1505 Tiburon Boulevard, Tiburon Tbe public is invited to attend. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact: Belvedere-Tiburon Recreation (415) 435-4355. Notification 48 hours prior to the meeting will enable Belvedere-Tiburon Recreation Committee to make reasonable accommodation for full participation. (28 CFR 35,102- 35,104 ADA Title 11) 7:00 Call to Order Committee: Jerry Riessen, Chair Tiburon Jennifer Muller, Vice-Chair Belvedere Robert McCaskill Belvedere Tara Sullivan Tiburon Priscilla Tripp Tiburon Denise Bauer Belvedere Merrill Boyce RUSD I. Public Comment The public may direct questions or comments related to Belvedere- Tiburon Recreation business to the Committee and Director concerning matters not listed on the agenda. The Committee can take no action unless the matter is placed on a subsequent agenda II. Minutes 1. Approval of minutes for the Regular Meeting held January 16, 2007. Motion Second by Vote 111. Finance RCDorts 1. Review of the January cash reports. IV. Information and Discussion Items 1. Summer Camp Planning Update 2. FY 2007-08 Budget Draft review. 3. Workers Compensation Update 4. Customer I Market Assessment Plan 5. Spring Cotillion I Filming of Documentary 6. Belvedere-Tiburon Open Golf Toumament V. Action Items: 1. Resoiution to authorize participation in the Park and Recreation District Employee Compensation program, (PARDEe). VI. Adiourn ,. TOWN OF TIBURON DIGEST PARKS & OPEN SPACE COMMISSION AGENDA Regular Meeting, Tuesday, February 13, 2007 6:00 PM Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California I. ROLL CALL 11. PUBLIC QUESTIONS AND COMMENTS (Please limit comments to no more than three (3) minutes.) III. STAFF AND COMMISSION BRIEFING IV. CONSENT CALENDAR Minutes of January 9,2007 - (No. 214) V. BUSINESS ITEMS A. Peter Berg Kite Day B. Broom Removal from Open Space C. Review Commission's subcommittee assignments VI. ADJOURNMENT S:\Public WorksIPOSClAgendas\2007107.02.1 3Agenda.doc IJ/Gtsr 1. DESIGN REVIEW BOARD AGENDA TOWN OF TIBURON DATE: 2/15/07 1505 TIBURON BOULEVARD MEETING TIME 7:00 P.M. TIBURON, CA 94920 AGENDA NO.: #3 PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always address the Chair; (2) State name for the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the meeting mustfirst be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent out for items continued to a specific date. A. ROLL CALL: Chair Doyle, Boardmembers Beales, Frymier and Teiser B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. CONSENT CALENDAR 1. 14 Sutter Court SinghlDab Resolution Partially Granting Appeal E. NEW BUSINESS BEFORE THE BOARD 2. 30 Old Landing Road Edington AdditionsNariancelFloor Area Exception 3. 9 Burrell Court Hariri AdditionsN ariances 4. 1 San Rafael A venue Lam New Dwelling 5. 213 5 Vistazo East Quirk New Dwelling/V ariances F. APPROVAL OF MINUTES #2 OF THE 2/1/07 DESIGN REVIEW BOARD MEETING G. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** DIGEST c,. ~ MARIN MUNICIPAL ~ WATER DISTRICT NOTICE OF PUBLIC HEARING ON WATER RATE INCREASE A Special Legal Notice in Compliance with State Proposition 218 A public hearing before the Board of Directors of the Marin Municipal Water District to consider the issue of a rate increase is scheduled for: 7:30 PM, Wed., March 21, 2007 San Rafael City Council Chambers 1400 Fifth Avenue, San Rafael CA Public Notification Required At the board meeting of Jan. 17, 2007 the MMWD Board of Directors proposed an increase in water rates. In compliance with State Proposition 218, passed by California voters in 1996, MMWD is hereby notifying all affected property owners and water customers of the proposed water rate changes. See the enclosed water rate tables for a comparison of the current rates and the proposed rates. How to Oppose the Rate Increase Under the guidelines established by State Proposition 218 you have the right to protest this proposed rate increase. If you do, you must submit your protest in writing, even if you plan to attend the public hearing. If written protests are submitted by a majority of the affected property owners, the proposed rate changes will not be imposed. Your written protest must be received prior to the close of the March 21 public hearing. Written protests must include a description of the parcel (parcel number) or utility (MMWD) account number. E-mail protests will not be accepted. Send written protests to: Board Secretary Marin Municipal Water District 220 NeUen Avenue Corte Madera, CA 94925 For more information visit MMWD's website at www.marinwater.org or call our Customer Service Department at (415) 945-1400. ..). Marin Municipal Water District Proposed Water Rate Changes EFFECTIVE MAY 1, 2007 PROPOSED CHANGES INCLUDE: . A 3.5% increase in rates . Changes in the tier breaks for the summer schedule . A 4% increase in the bimonthly service charge (less water in tiers 1-3) SINGLE-FAMILY RESIDENTIAL AND DUPLEX CUSTOMERS 1. One CCF, or hundred cubic feet. is 748 gallons 2. 0-24 for duplexes 3. 25-48 for duplexes BI-MONTHLY SERVICE CHARGE $1,106.44 For more information visit MMWD's website at www.marinwater.org or call our Customer Service Department at (415) 945-1400. ~-- - Marin Municipal Water District Proposed Water Rate Changes EFFECTIVE MAY 1, 2007 MULTI-FAMILY RESIDENTIAL CUSTOMERS $2.43 $2.52 0-12 $4.86 $5.03 13-22 13-24 $9.72 $10.06 23-30 25-32 4 $14.58 $15.09 31+ 33+ BUSINESS, INSTITUTIONAL & IRRIGATION CUSTOMERS - ,",. p.roposed Rate Per CCF' 'J.. $2.52 86-150% 86-150% over 150"10 over 150% SINGLE-FAMILY RESIDENTIAL IRRIGATION CUSTOMERS $2.43 $2.52 0-50% 0-50% $4.86 $5.03 51-100% 51-100% $9.72 $10.06 over 100% over 100% RECYCLED WATER CUSTOMERS -Proposed Rate 'Per CCP' 1 $1.36 $1.63 0-100% 0-100../. 2 $2.72 $3.26 101-150% 101-150% 3 $5.44 $6.52 over 150"1. over 150% RAW WATER CUSTOMERS Proposed Rate 'Per CCF' 1 $2.22 $2.30 0-85% 0-85% 2 $4.22 $4.60 86-150% 86-150% 3 $8.88 $9.20 over 150% over 150% 1. One CCF, or hundred cubic feet, is 748 gallons 2. CCFs per living unit For more information visit MMWD's website at www.marinwater.org or call our Customer Service Department at (415) 945-1400. IMPACT OF PROPOSED RATES ON SINGLE-FAMILY RESIDENTIAL CUSTOMERS 0-28 CCFs Tier 1 just like you are now An increase of up to $3.05 65.6% (Tier 1) 29-31 CCFs Tier 2 even though you An increase in the range $5.65-$10.85 were formerly in Tier 1 28.9% 32-63 CCFs Tier 2 just like you are now An increase in the range of $11.02-$16.29 (Tier 2) 64-78 CCFs Tier 3 even though you were An increase in the range of $21.50-$94.30 formerly in Tier 2 4.4% 79-105 CCFs Tier 3 just like you are now An increase in the range of $94.64-$103.48 (Tier 3) 106-125 CCFs Tier 4 even though you An increase in the range of $108.85-$210.89 were formerly in Tier 3 1.1% 126+ CCFs Tier 4 just like you are now An increase in the range of $211.40 or (Tier 4) more depending on actual consumption. One CCF, or hundred cubic feet, is 748 gallons For more information visit MMWD's website at www.marinwater.org or call our Customer Service Department at (415) 945-1400. 1/ilI>' '1",,1 I DIGEST J,. BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA ~~uunw In the Matter of the Application of FEB - / 2007 ~ TOWN ATTORNEY'S O"~I~- Blue & Gold Fleet, L.P., a Delaware Limited TOWN OF TIBURON ,,'" Partnership (VCC-77), For Authorization for Passenger Fare Increases on Its Vessel Common Carrier Service on San Francisco Application No. 07 01 006 Bay Between Tiburon on the One Hand and Authorized Points in San Francisco on the Other Hand / AMENDMENT TO APPLICATION OF BLUE & GOLD FLEET, L.P., ADELA W ARE LIMITED PARTNERSHIP (VCC-77), FOR AUTHORIZATION FOR PASSENGER FARE INCREASES ON ITS VESSEL COMMON CARRIER SERVICE ON SAN FRANCISCO BAY BETWEEN TIBURON ON THE ONE HAND AND AUTHORIZED POINTS IN SAN FRANCISCO ON THE OTHER HAND BLUE & GOLD FLEET, L.P., a Delaware Limited Partnership ("Applicant" herein), hereby respectfully informs the California Public Utilities Corrunission that it has discovered that its Application for rate relief and authorization for passenger fare increases on its Vessel Common Carrier service between Tiburon on the one hand and authorized points in San Francisco on the other hand ("the TiburonlSF Service") filed on January 4, 2007 included two charts that contained errors and some erroneous narrative analysis thereof. By this Amendment, Applicant hereby informs the Corrunission and the local govermnents on the Service List of the errors in the original filing and hereby presents correct replacements of the Charts and applicable narrative text: I. Corrected and Reulaced Auuendix A. Appendix A in the original Application is a copy of a Tariff Supplement page issued by the Applicant and filed with the Commission on December 28, 2006 that listed - I - ~, . ..\. . the Applicant's current passenger fares between San Francisco and Angel Island, Sausalito and Tiburon with the Commission-authorized fuel surcharge noted for each category of fare. After the Application was filed, Commission staff checked the fare numbers and noted that the column for the Base Fares had incorrect numbers. The passenger fares adjusted by the fuel surcharge that were listed in the filing on December 28, 2006 were correct and within the authorized range of adjustment over the actual Base Fares. The incorrect Base Fare numbers were the result of a clerical error in preparing the Tariff Supplement page for its filing. Attached hereto as a replacement for the original Appendix A is "Appendix A - Corrected and Revised 1/22/07" which has the correct Base Fares for the Tiburon/SF Service that were requested by the Applicant in Application No. 02 06 015 and which were approved by the Commission on September 5,2002 in Decision No. D.02-09-008. 2. Corrected Chart of Overview of Requested Passene:er Fare Increases. Paragraph lOon page 5 of the original Application contained a Chart comparing current passenger fares in various categories with proposed passenger fares in the same categories. The column listing current Base Fares had the same incorrect numbers as in Appendix A. The following is a replacement for Paragraph 10 of the Application: "10. By this Application, authority is requested, pursuant to Sections 454 and 491 of the Public Utilities Code, to increase the authorized base passenger fares in the fare schedule as follows: Category Current Proposed OfFare Fares (In $) Fares (In $) One-Way Round- TriD One Way Round-Trio Base With Base With Base With Base With Fare Surcharee Fare Surcharlle Fare Surcharee Fare Surcharlle Adult (Age 12+) 7.25 8.50 14.50 17.00 8.00 9.00 16.00 18.00 Child (Age 5-11) 4.00 4.50 8.00 9.00 475 5.00 9.50 10.00 Group Adult 6.75 8.00 13.50 16.00 7.50 850 15.00 17.00 Group Child 375 4.25 7.50 8.50 4.75 5.00 9.50 10.00 Group Wholesale 6.25 7.25 12.50 14.50 6.75 7.25 13.50 14.50 Short Hop 1.25 1.50 175 2.00 Commuters (20 Tickets) 85.00 100.00 125.00 140.00 " - 2 - I 3. Revision of Narrative Overview and Analvsis of Proposed New Fares. Paragraph 16 on Page 9 of the original Application is a summary overview and analysis of the degree of the requested passenger fare increases, and some of the comparisons were based on the incorrect numbers given for the Base Fares in the Chart shown in Paragraph lOin the original Application which needed to be corrected as noted above. The following is a replacement for Paragraph 16 of the Application: "16. The requested increases in fares that are listed in the Chart shown in Paragraph 10, as corrected and replaced in the Amendment to the Application, break down as follows: (I) $2.00 per cormnuter one-way ticket, which is an increase from $5.00 to $7.00 on the base fares and also on the fares with the fuel surcharge included; (2) for one-way adult trips that do not use the commuter ticket books, an increase of $0.75 on the base fares without the fuel surcharge from $7.25 to $8.00 and an increase of $0.50 from $8.50 to $9.00 with the fuel surcharge included; (3) for one-way trips of children (age 5-11), an increase of$0.75 on the base fares without the fuel surcharge from $4.00 to $4.75 and an increase of$0.50 from $4.50 to $5.00 with the fuel surcharge included; (4) for group sale tickets for adults, an increase of$0.75 on the base fares without the fuel surcharge from $6.75 to $7.50 and an increase of $0.50 from $8.00 to $8.50 with the surcharge included; (5) for group sale tickets for children, an increase of $1.00 on the base fares without the fuel surcharge from $3.75 to $4.75 and an increase of $0.75 from $4.25 to $5.00 with the surcharge included; and (6) an increase of $0.50 for the short hop between Sausalito and Tiburon, which is an increase from $1.50 to $2.00. The cormnuter tickets have been priced at a substantial discount over regular passenger fares and even with the proposed fare increase will be priced 22% less than the regular one way adult fare. For the proposed fare increases in the other categories, the small dollar value of the increase in individual fares, i.e., 50 cents or 75 cents for most of the fare categories, is a modest level of increase and warrants authorization. In its second last prior decision on Applications from Blue & Gold Fleet, L.P. for fare increases for its - 3 - TiburonlSF Service, namely Decision No. D.99-02-024 issued eight years ago on February 4,1999, which combined approvals for pending applications for the Sausalito/SF Service and the Angel Island/SF Service as well into one Decision, the Commission approved increases of $0.50 for one-way adult trips, for adult group ticket sales, and for children group ticket sales. In its last prior approval of a fare increase application for the TiburonlSF Service, namely Decision No. D.02.09-008 issued on September 5, 2002, the Commission approved increases of between $0.75 and $1.25 for a one-way trip and noted that "even with the proposed fare increase, Applicant will not operate at the break -even point." The fare increases requested in this Application fall within the range of prior Commission approvals of passenger fare increases for this very Service. " Respectfully submitted on behalf of the Applicant, Blue & Gold Fleet, L.P. LAW OFFICES OF DANIEL F. REIDY By: Dated: February 6, 2007 Daniel F. Reidy, Esq. Applicant's Authorized Representative - 4- I, ii BLUE & GOLD FLEET, L.P. VCC-77 Surcharge Supplement No.2 Cal P.U.C. No.2 to 12th Revised Page 8 - with corrected data on base fares ITEM Number 100 SECTION 2 PASSENGER FARES (in dollars and cents per passenger) (Fares published herein do not include any charge, fee or cost oflanding permit imposed by State, municipal or other governmental bOdies) BETWEEN: San Franc;isco One.Wav Round-Trio Commute Base With Base Wtth Base With Fare Surcharee Fare Surchar2':e Fare Surchari!e (A) And: Angel tsland _, Adult 450 5.10 9.00 10.20 ,-~ r:::: Child (See Item 50) 2.50 2.90 5.00 5.80 :_~ r:::i:S-1] *GroupAdult 4.00 4.25 8.00 8.50 ~.;. -":}.;--)"rn -Group Child (See Item 50) 2.00 2.25 4,00 4.50 .~: \<,: '~-:~C) \...)-,':;.:rn (A) And: SausaHto ,:.,..) j ._"_~ Adult 7.25 850 14.50 17.00 C:' .( Child (See Item 50) 4.00 450 8.00 9.00:') \Y; p\ .Group Adult 6.75 g,OO 13.50 16.00 _ -;7 (....; 0 -Group Child (See Item 50) 3.75 4.25 7.50 8.50 ..::- '~C~) "Group Wholesale 6.25 7.25 12.50 14.50 vJ ""'-;:.. :1) ':t: (A) And: Tiburon Adult 7.25 850 14.50 1700 85.00 100.00 Child (See Item 50) 4.00 4.50 8.00 9.00 'Group Adult 6.75 8.00 13.50 16.00 'Group Child (See Item 50) 375 4.25 7.50 8.50 .Group Wholesale 6,25 7_25 1250 14.50 Note I-Angel Island fares do not reflect the current Angel Island entrance fees of $1.50 peT adult ticket and $1.00 per child ticket nor the franchise fees of $0_65 per adult and $0.35 per child ticket. . Group fares applicable only on 15 or more adult and child fares combined. Tickets must be purchased at least 48 hours prior to the scheduled sailing on which the group will travel Group tickets must be ordered and paid for as a single purchase, and no refund will be made for any unused group ticket or portion thereof after the trip begins. The entire group purchase IS refundable only if cancellation and refund are accomplished at leasl24 hours prior to the scheduled departure Authority to adjust fares by adding a reasonable surcharge to recover increased fuel costs under temporary authority initially granted by P.D.C. Resolution TL-19042, extended by P.D.C. Resolution TL-19051, further extended and expanded by P.D.C. Resolution TL- 19066 to up to a 20% surcharge and with a further allowance to round upward by five cents, and further extended for one additional year I1ll1Iling to November 30, 2007 by P.D.C. Resolution TL-19080 adopted on November 30, 2006. ISSUED: January 22, 2007 EFFECTIVE: January 23, 2007 [Corrects data on base fares listed in Supplement issued on December 28, 2006.] Issued By: Taylor Safford, President Pier 41 Marine Terminal San Francisco, CA 94133 APPENDIX' A' Corrected and Revised 01/22/07 CERTIFICATE OF SERVICE BY MAIL I, BRENDA D. REIDY, hereby certify and declare as follows: I am a citizen of the United States over the age of eighteen years, and I am not a party to this proceeding. My business address is 3701 Sacramento Street, # 386, San Francisco, California 94118. On the date stated below, in the County of San Francisco, which is the county of my employment, I served the following document: AMENDMENT TO APPLICATION OF BLUE & GOLD FLEET, L.P., ADELA W ARE LIMITED PARTNERSHIP (VCC-77), FOR AUTHORIZATION FOR PASSENGER FARE INCREASES ON ITS VESSEL COMMON CARRIER SERVICE ON SAN FRANCISCO BAY BETWEEN TIBURON ON THE ONE HAND AND AUTHORIZED POINTS IN SAN FRANCISCO ON THE OTHER HAND on interested parties by placing a true copy thereof enclosed in a sealed envelope on February (p, 2007 by mail with postage thereon fully prepaid, in the United States Post Office at San Francisco, California, addressed as on the attached service list. I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed at San Francisco, California on February ~, 2007. ~~d2.& BRENDA D. REIDY - 5 - J " SERVICE LIST Clerk, Town of Tiburon Tiburon Town Hall 1505 Tiburon Blvd. Tiburon, CA 94920 Tiburon City Attorney Tiburon Town Hall 1505 Tiburon Blvd. Tiburon, CA 94920 Marin County Clerk Marin County Civic Center 350 I Civic Center Drive San Rafael, CA 94903 Marin County County Counsel Marin County Civic Center 3501 Civic Center Drive, # 303 San Rafael, CA 94903 Clerk of the Board of Supervisors City & County of San Francisco San Francisco City Hall, 2nd Floor I Dr. Carlton B. Goodlett Place San Francisco, CA 94102 City Attorney Dennis Henara City and County of San Francisco San Francisco City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 - 1 - DIGEST C. TOWN OF FAIRFAX ~~'~~iW~W is pleased to host the February meeting of the FEB - 6 2007 MARIN COUNTY COUNCIL OF 'tOWN CLERK MAYORS & COUNCILMEMBERS TOWN OF TIBURON Wednesday, February 28, 2007 at Deer Park Villa 367 Bolinas Road Fairfax 6:00 Social Hour with appetizers 7:00 Business Meeting 7:45 Dinner MENU Buffet Dinner, with selection of salads and entrees, Including Prime Rib, Salmon, and Pasta Dessert, Coffee or Tea 8:30 Speaker: Thomas G. Robinson, CBG Communications, Inc. Topic: Wireless Broadband in Marin County Price: $40.00 per person (includes tax & gratuity) Please make checks payable to The Town of Fairfax Directions: Go west on Sir Francis Drake Blvd., turn left when you see the Fairfax Theatre, turn right immediately on Broadway (Broadway runs parallel to Sir Francis Drake), turn left on Bolinas at the first stop sign, and continue on Bolinas Road approximately Y, mile to 367 Bolinas. The entrance driveway for Deer Park Villa will be on your left before Bolinas Road turns and goes up the hill. ((s'UP -10 7 u eJIJ (L6<: 1< f) '. CI-. . 1_ 12-10:- f q,-C J? C <)<H Please C-6Btact Jnd", (458 2343)--with your reservation by February 23rd. DIGEST . .A.- Marin County-wide Meeting Local Governments Setting Bay Area Growth, Conservation, and Funding Priorities Monday, February 12,2007 -, HECEIV ~D i 7pm to 9pm l FEB - 7 2007 San Rafael City Council Chambers 'IW' f',';c - c "1VI ENT ~. ;,',,1 \lLJL iH'i 'TV!\! I" c'BURC N i ___,~~:r l!~ . 6:45 Meet and Greet 7:00 Welcome & Opening Remarks 7:10 Working Together to Address Smart Growth-related Issues 7:40 New Funding Opportunities for Local Governments in 2007 and beyond 8:00 Marin County Local Governments' Smart Growth Successes, Barriers & Needs 8:50 Next Steps Association of Bay Area Governments Metropolitan Transportation Commission Bay Area Air Quality Management District DIGEST . r MARIN HEALTHCARE DISTRICT It 00 South Eliseo Drive, Suite 4, Greenbrae, CA 94904 Telephone: 415-461-5700 Fax: 415-461-0308 DIRECTORS: SHARON J. JACKSON, MBA,CHAIR ARCHIMEDES RAMIREZ, M.D., VICE-CHAIR JAMES CLEVER, M.D., SECRETARY LARRY BEDARD, M.D. JENNIFER RIENKS, PH.D. NOTICE Special Closed Meeting of the Marin Healthcare Board of Directors Monday, February 5, 2007 5:00 pm Best Western Inn 56 Madera Boulevard Corte Madera, CA 94925-1225 A copy of the agenda for the Regular Meeting will be posted and distributed at least twenty-four (24) hours prior to the meeting. American Sign Language Interpreters may be requested by calling (415) 461-5700 (voice) or (415) 461-0308 (facsimile) at least 48 hours in advance of this meeting . t MARIN HEALTHCARE DISTRICT 1100 So. Eliseo Dr, Suite 4, Greenbrae, CA 94904 Telephone: 415-461-5700 Fax: 415-461-0308 http://www.marinhealthcare.org AGENDA Special Closed Meeting Monday* February 5, 2007*5:00 pm Board of Directors Corte Madera Best Western 56 Madera Boulevard Corte Madera, CA 94925-1227 ........................................................................................1 NOTE: This is a Closed Meeting of the Board of Directors of the Marin Healthcare District. By law, no items of business other than those on the agenda may be considered by the Board of Directors at the Special Meeting. Members of the public will have an opportunity to address the Board regarding only those items listed on this agenda. (I) Call to Order (2) Announcement of Purpose of Special Meeting (3) Roll Call: Dir. L. Bedard, M.D., Dir. J. Clever, M.D., Dir. Sharon Jackson, Dir. Archimedes Ramirez, M.D., Dir. Jennifer Rienks, Ph.D. (4) Public Comment Regarding Agenda Item (5) Closed Session A. Interview Candidates for the position of Executive Director. (6) Open Session: Announcement of Results of Closed Session (7) Adjournment A copy of the agenda for the Special Meeting will be posted and distributed at least twenty-four (24) hours prior to the meeting. American Sign Language Interpreters may be requested by calling (415) 461-5700 (voice) or (415) 461-0308 (facsimile) at least 48 hours in advance of this meeting.