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Home My WebLink AboutTC Agd Pkt 2007-06-20 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard . Tiburon, CA 94920 Regular Meeting Tiburon Town Council June 20, 2007 7:30 p.m. Closed Session - 6:30 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (6:30 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town of Tiburon v. Slyvia; Sylvia v. Town ofTiburon County of Marin v. Martha Company Tiburon Neighborhood Coalition v. Town ofTiburon and Congregation Kol Shofar Bonander v. Town of Tiburon; and Tiburon v. All Persons Interested in the Validity of the Del Mar Valley Utility Under grounding Assessment District CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Negotiators: Tiburon Police Association Town Manager and Director of Administrative Services CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Berger, Councilmember Smith, Vice Mayor Slavitz, Mayor Gram CLOSED SESSION ANNOUNCEMENT 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. PRESENTATIONS · Annual Report from T own~appointed Representative to Marin Commission on Aging (Allan Bortel) CONSENT CALENDAR -All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - June 6, 2007 2. Mar West Overlay Project - Approve Plans and Specifications and Authorize Bids for Mar West Street Overlay (Director of Public Works Nguyen) 3. Friday Nights on Main - Recommendation regarding funding for Chamber of Commerce Friday Nights on Main series of events (Town Manager Curran) 4. Agreement re: Annexation of 4185 Paradise Drive - Recommendation to Approve and Authorize Town Manager to Execute an Agreement regarding Annexation of Real Property (Director of Community Development) Property Address: Property Owner: Assessor Parcel No. 4185 Paradise Drive J an she ski 039~041~ 16 5. Commendation - Recommendation to Adopt Resolution commending Dave Davenport for IS years of Distinguished Service to the Town of Tiburon (Town Manager Curran) ACTION ITEMS 1. Rehabilitation of Fire Roads - Recommendation to Approve Encroachment Permit to Rehabilitate Fire Road Segments in Town Open Space near Gilmartin Drive and near Shepherd Way (Director of Community Development Anderson) 2. Airport Expansion Committee - Recommendation to Metropolitan Transportation Commission (MTC) regarding Appointment to MTC Regional Airport Expansion Committee (Councilmember Fredericks) PUBLIC HEARINGS 1. Tiburon Tourism Business Improvement District - Public Information Meeting (Town Manager Curran and Town Attorney Danforth) 2. Amendment to Refuse Franchise Agreement - Consider Request by Mill Valley Refuse Service for Rate Increase in FY 2007~2008 (Town Manager Curran) 3. 280 Roundhill Road Appeal- Recommendation to Deny Appeal by Alexander and Yami Anolik of the Denial of an Encroachment Permit Requesting the Installation of a Solar Panel Array on Town~held Open Space Easement (Director of Community Development Anderson/Director of Public Works Nguyen) 4. Fiscal Year 2007 ~ 2008 Municipal Budget ~ Approve Adoption of FY 2007 ~ 2008 Municipal Budget and Capital Improvement Program (Town Manager Curran and Director of Administrative Services Bigall) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS · Town Council Weekly Digest - June 8, 2007 · Town Council Weekly Digest - June 15,2007 ADJOURNMENT Future Meetings: June 26,2007 - TC/DRB Workshop (6:00 p.m.) July 4,2007 - Regular Meeting Cancelled 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) 4 35~ 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere~ Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. - Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability~related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues _ you or someone else raised at the Public Hearing( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing ( s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. C'C~-- / TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram ca -tIiereg~lar me ing of the Tiburon Town Council to order at 7:30 p.m. on Wednesd , June 6, 2007, in wn Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLLCALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Director of Administrative Services Bigall, Chief of Police Cronin, Town Clerk Crane Iacopi Prior to the regular meeting, the Council convened for the following purposes: CLOSED SESSION (6:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Tiburon Neighborhood Coalition v. Town of Tiburon and Congregation Ko/ Shofar Bonander v. Town of Tiburon; Tiburon v. All Persons Interested in the Validity of the Del Mar Valley Utility Undergrounding Assessment District INTERVIEWS (7:00 p.m.) Belvedere- Tiburon Library Agency Board of Directors - (One Vacancy) Beverlee Johnson, 1300 Mar West Street - 7:00 p.m. Barbara Tomber, 50 Harbor Oak Drive -7:15 p.m. CLOSED SESSION ANNOUNCEMENT Mayor Gram said that no action was taken on the matters discussed in closed session. Town Council Minutes #11-2007 June 6, 2007 Page 1 ORAL COMMUNICATIONS Mayor Gram noted that some members of the Chamber of Commerce wished to address the Council; he asked that they wait until the Council discussed Action Item No.2 on the agenda. Vicky Fong, outgoing Library Agency President, thanked the Council and staff for the Town's continuing support of the Belvedere- Tiburon Library. She said that the Council's vision for future investment in the library would benefit everyone in the community. She thanked the Council for the opportunity to serve on the board. Jim Hermann thanked the Council for its support of the Classic Car Show. He said that this year's event would take place on June 16; he handed out posters to each member of the Council. APPOINTMENTS TO BOARDS" COMMISSIONS & COMMITTEES Belvedere-Tiburon Library Agency Board of Directors - (One Vacancy) MOTION: To appoint Beverlee Johnson to the Library Board of Directors Moved: Fredericks, seconded by Slavitz Vote: AYES: Unanimous ABSENT: Smith CONSENT CALENDAR 1. Town Council Minutes - May 16, 2007 2. Town Investment Summary - Adopt April 2007 Statement (Director of Administrative Services Bigall) 3. Lyford Cove Street Overlay Project - Approve Contract Change Order for Maggiora & Ghilotti to Resurface Roads within Lyford Cove Undergrounding District (Director of Public Works Nguyen) 4. November 6, 2007 Municipal Election - Adopt Resolutions ordering Election for purpose of Electing Two Councilmembers, Requesting Consolidation of Election Services with County of Marin, and Setting Cost of Candidate's Statements (Town Clerk Crane Iacopi) 5. Grand Jury Report - Authorize Town Response to Grand Jury Report on Retiree Health Care Benefits (Town Attorney Danforth) 6. Tiburon Peninsula Club Public Pedestrian Easement - Adopt Resolution Accepting an Easement from Tiburon Peninsula Club for Public Access Purposes over Property Town Council Minutes #11-2007 June 6,2007 Page 2 located at 1600 Mar West Street; AP Nos. 058-171-17 & 058-171-76 (Director of Community Development Anderson) 7. Solar Energy Proclamation - Approve Proclamation in Support ofTiburon-Belvedere Rotary Club Sponsorship of Solar Energy Projects on Tiburon Peninsula (Town Manager Curran) 8. 30th Anniversary of Belvedere- Tiburon Rotary Club - Adopt Resolution Commending the Tiburon-Belvedere Rotary Club on their 30th Anniversary (Town Manager Curran) MOTION: To adopt Consent Calendar item Nos. 1 through 8, above. Moved: Berger, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Smith ACTION ITEMS 1. Belvedere- Tiburon Library Expansion - Consider Approval of Agreement to Convey Real Property to Belvedere- Tiburon Library Agency (Town Manager Curran) Town Manager Curran gave the report. She said that the Library Agency had long anticipated a need to expand its existing facility, and had already undertaken a needs analysis which called for a tripling of size (from approximately 10,000 to 31,000 square feet). To accommodate this expansion, Curran said that the Agency sought the use of the land directly behind its current building. Town Manager said that this area, which is zoned "public/quasi- public," had been identified in the Town's General Plan as a potential expansion site. More specifically, she said that the Downtown Element, adopted in 2005, set forth a policy to "support an appropriate expansion of the Belvedere- Tiburon Public Library adjacent to Zelinsky Park." Town Manager Curran said that the Library Agency had approached the Town with a request for use of the land which had been evaluated by the Town Council subcommittee, comprised of Councilmember Fredericks and Slavitz, in addition to the Town Manager and Town Attorney. She said that the subcommittee recommended adoption of an agreement which would allow transfer of title of land to the library after fundraising had been completed and construction was underway. She said that there was no financial impact to the Town, except for the value of the land, and that there was substantial indemnification to the Town in its conveyance of the land in an "as is" condition. Vice Mayor Slavitz said that the proposed agreement was a great use of the land which would further improve library services on the peninsula. He said that it represented a "win-win situation" for the town and the library. Mayor Gram opened the public hearing. Town Council Minutes #11-2007 June 6,2007 Page 3 Ann Otter, Chair of the Library Agency, said that she was very grateful to the Town for its support and for the thoughtful consideration given to the agreement by the Town's subcommittee. She said that the fund-raising efforts were "ramping up" and that the hard work would result in a fruitful outcome. Deborah Mazzolini, Library Director, said that her files showed the first letter requesting use of the land in June of2001. She said that the Library had sought an initial EIR approval in 2004, had commissioned a needs analysis in 2005, and now a full building program was underway. She said that an agreement for the land was part of the next formal process. She thanked the Council for its support. Mayor Gram closed the public hearing. He jokingly said that he remembered the 2001 letter and had wanted to charge the Library Agency $2 million for the land; he said that the agreement contemplated at this time was an indication of the successful negotiations by Library Agency personnel. Councilmember Fredericks said that the Library Agency had lived through a period of escalating costs and that the land was an additional gift in that it would allow the Agency to not worry about that cost when contemplating a large capital expansion program. Councilmember Berger said that this was an opportunity to work with members of other public agencies on the peninsula and to "see ourselves as one community." He said that he was encouraged by the Library's desire to provide more teen programs. Berger said that it would be a challenge to expand the building and keep the integrity of the original design; he said that the goal should be to achieve a "satisfying whole." Mayor Gram suggested changes to language on page 2 of the proposed agreement: ".. ..has raised or committed sufficient funds;" and in Section C, Passage of Time, that the "Town shall have the right to terminate;" Section D, Due Diligence, "the Library (Diane - I think he was talking about them, not us) may decide not to proceed with the conveyance for any reason. " On Page 4, paragraph 13, Mayor Gram suggested adding to the section on closing costs, "and transfer tax, if necessary." He also requested that staff develop language to clarify the "as is" nature of the conveyance regarding any environmental or other conditions that might be found on site. Steger Johnson, representing the Library Agency, asked to further modify the language proposed by Mayor Gram, page 2, to "has received commitments for... "funding. Council concurred with all of the changes recommended above. Town Council Minutes #11-2007 June 6, 2007 Page 4 MOTION: To approve the agreement, as amended; to authorize the Town Attorney to make the requested changes; to authorize the Town Manager to sign the agreement on behalf of the Town. Fredericks, seconded by Slavitz AYES: Unanimous ABSENT: Smith Moved: Vote: 2. Tiburon Tourism Business Improvement District - Consider Adoption of Resolution of Intention to form a Tiburon Tourism Business Improvement District to enable the Town's Lodging establishments to self-assess 1 % for the purpose of funding participation in the Marin County Visitor's Bureau (Town Manager Curran and Town Attorney Danforth) Town Manager Curran gave the report. She said that the Town had been approached by the two hotels and the Chamber of Commerce about joining the Marin County Visitor's Bureau. In order to accomplish this, a Business Improvement District (BID) would have to be formed to raise the necessary funding, according to Curran. This would be accomplished through a self-imposed 1 % tax which would be in addition to the current transient occupancy tax, or approximately $44,000 per year. Curran said that while there had not been unanimous support for a previous BID, there was now. She said that both hotels and Chamber believe this is a good opportunity to take advantage of a more sophisticated and broader method of advertising. In addition, she said that there appears to be a greater focus on southern Marin than in previous efforts. She noted that the communities of Corte Madera, Larkspur and Mill Valley had also joined the district, in addition to San Anselmo and Fairfax. Councilmember Berger asked if there was any change from the previous proposal, in which it appeared that that 80% of the funds raised would go to pay for administrative costs and overhead. Town Manager Curran said that Steve Sears had researched this question and said that the costs appeared to have come more into appropriate proportion. Mayor Gram asked if there would be any issues relating to Proposition 218, in the formation of such a district. Town Attorney Danforth said that the town had researched the necessary steps and would implement them so that the Town could satisfy its obligations under, Prop. 218. Town Manager Curran said that the action contemplated tonight was the adoption of a resolution of intention to form the district. She said that would be additional meetings, as outlined in the staff report, for further discussion and action on the district. MOTION: To approve the Resolution of Intention to form the TTBID. Moved: Berger, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Smith Town Council Minutes #11-2007 June 6,2007 Page 5 Mayor Gram returned to ORAL COMMUNICATIONS. Jim Allen, President of the Chamber of Commerce, addressed the Council on the issue Council funding for Friday Nights on Main. He said that due to ABC restrictions, it was no longer profitable for the restaurants to serve alcohol at the event, making the event less cost-effective.. Mr. Allen said that the Chamber had asked for and received support from the Tiburon Peninsula Foundation, as well as the Belvedere Community Foundation, and the City of Belvedere; in addition, he said that Angelo Servino had committed to carry one-third of the music budget, or $4,500. However, Allen said that the event still had a shortfall of $3,500; he asked the Council to commit to this amount as a minimum to insure the success of the events. Councilmember Berger asked if Oktoberfest, and some of the other theme nights, generated revenues for Friday Nights on Main. Mr. Allen said that while the Chamber received money from sponsors for these events, they were basically "break even." Mr. Allen said that the Chamber had allowed non-profit groups to set up tables for fund-raising at the events; he mentioned the Reed Schools Foundation, Rotary, and this year, the Sam Chapman statue fundraising efforts. He said that the Chamber would have a table, as well. Vice Mayor Slavitz referred to a hand-out provided by Allen and asked whether the Chamber was a [monetary] contributor to Friday Nights on Main. Mr. Allen said that the Chamber's job was to promote the event and that a substantial amount of volunteer labor went into this and actually getting the events up and running. Mayor Gram noted that the item was not on the agenda for Council action; he referred it to the Town Manager to come up with a report and recommendation for the Council. PUBLIC HEARINGS 1. Fiscal Year 2007-2008 Municipal Budget - Introduction of FY 2007-08 Municipal Budget (Town Manager Curran and Director of Administrative Services Bigall) Town Manager Curran introduced the FY 2007-08 budget. She said that it was a balanced budget with a $132,000 surplus; she described it as a "going forward" budget with modest salary increases and no new staffing proposals, with the exception of the reclassification of the Emergency Operations Coordinator and replacement of a part-time Police Service Aide. Curran said that the Town had reached a point where there was no more PERS set aside and therefore would have to endure a $220,000 hit to the operating budget. This represented an overall increase of 11 %, along with increased GASB 35 & 45 expenses, as well as increased litigation costs. Town Council Minutes #11-2007 June 6, 2007 Page 6 The Town Manager turned the report over to Director of Administrative Services Bigall and acknowledged her for a great job in preparing the budget. Director Bigall gave a powerpoint presentation which detailed the anticipated revenues and expenditures by department. She also briefly touched on the capital improvement program. Bigall said that the true indicator of the Town's financial health was its general fund unallocated reserves, which she anticipated to be $2.7 million at the end of the coming fiscal year. She said that even with an aggressive capital improvement program, the Town was still in "excellent financial shape." To put it in perspective, Bigall said that the Town could operate for one year without additional revenues. Councilmember Fredericks asked about the "trending chart" which showed a cross-over of expenditures versus revenue at a future date. Director Bigall said that if every position called for in the budget, primarily in the police department, was funded, the trending would go this way. However, she said that a full complement of officers was never realized historically. Mayor Gram added that the Town staff was always conservative in its revenue estimates. Councilmember Fredericks asked if the Town would have to spend its reserves if the lines crossed. Town Manager Curran said that before that took place, "tough choices" would have to be made; she said that Council would be presented with "one time" options or would have to look at other places to cut back, if this were to occur. Mayor Gram complimented Staff on its presentation and asked for a copy of the powerpoint presentation. Mayor Gram opened the public hearing. There was no public comment. Item continued to June 20,2007. 2. Eminent Domain Ordinance - Recommendation to Hold Second Reading and Adoption of an Ordinance Regarding the Tiburon Redevelopment Project's Eminent Domain Policy and Program (Director of Community Development Anderson) MOTION: To read ordinance by title only. Moved: Fredericks, seconded by Berger Vote: AYES: Unanimous ABSENT: Smith Mayor Gram read, "An Ordinance of the Town Council of the Town of Tiburon Adopting a Description of the Program for the Acquisition of Real Property by Eminent Domain and Adopting a Revised Statement of Institution for the Redevelopment Plan for the Tiburon Redevelopment Project Area and Taking Related Actions." Town Council Minutes #11-2007 June 6, 2007 Page 7 MOTION: Moved: Vote: To adopt ordinance as written. Slavitz, seconded by Fredericks AYES: Unanimous ABSENT: Smith TOWN COUNCIL REPORTS Councilmember Fredericks asked for an appointment to the MTC Regional Airport Expansion committee to be place on the next meeting's agenda. TOWN MANAGER'S REPORT Town Manager Curran acknowledged Town Staff for its work on and successful outcome of a Safe Routes to School grant. Director of Public Works Nguyen said that it had been a collaborative effort by his department and Community Development. Mayor Gram asked what the grant monies would be used for. Nguyen said that it was earmarked for the Del Mar School area; Vice Mayor Slavitz noted the striping of a bike lane on A venida Miraflores had been recommended as a proj ect. WEEKLY DIGESTS . Town Council Weekly Digest - May 18, 2007 . Town Council Weekly Digest - May 25,2007 . Town Council Weekly Digest - June 1,2007 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 8:30 p.m., to the next regular meeting scheduled for June 20, 2007. TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #11-2007 June 6, 2007 Page 8 TOWN OFTIBURON '~ 1505 Tiburon Boulevard- Tiburon, CA 94920 Town Council Meeting June 20, 2007 Agenda Item: g r2- ST \FF REPOR I To: Mayor and Members oftbe Town Council From: Nicbolas T. Nguyen, Director of Public Works/Town Engineer Subject: Recommendation to Approve Plans/Specifications for tbe Mar West Improvement Project - Tiburon Blvd. to Paradise Drive and Autborize Call for Bids Reviewed By: @- DISCUSSION Plans and specifications have been prepared by Hanis & Associates for the improvement of Mar West Street from Tiburon Blvd. to Esperanza Street (phase I) and Esperanza Street to Paradise Drive (phase IT). The project is part of the adopted 2006-07 capital improvement program, listed as Phase 2 Street Resurfacing with a budget of $672,000 including a federal STP grant of $112,000. The preliminary Engineer's Estimate for Phase I is $450,000 and $450,000 for Phase IT. The bid documents have been prepared to accommodate either the awarding of Phase I only or both phases. Phase I improvements will provide a continuous asphalt pathway from Tiburon Blvd. to the existing Tiburon Peninsula Club (TPC) sidewalk and a two-inch asphalt concrete (AC) overlay on Mar West. The pavement section at the Mar West hairpin curve near Esperanza will be reinforced along with installation of an AC dike for drainage channelization. Esperanza will be slurry sealed from Mar West to Cazadero Lane. Phase IT improvements consist of essentially a two-inch AC overlay from Esperanza Street to Paradise Drive. FISCAL IMPACT The 2006-07 Phase 2 street program funding will not sufficiently cover both phases. Hence, Staff does not intend to award the second phase of the project. Proposals are being reviewed to provide construction management and inspection for this project; which is anticipated to be approximately $45,000. Staff proposes rolling over funding to account for the transition to fiscal year 2007-08 when project construction will actually commence. IO\\1l \JUlllil \lccLillG ,-" RECOMMENDATION Staff recommends that the Town Council: 1) Move to approve the plans/specifications for the improvement of Mar West - Tiburon Blvd. to Paradise Drive. 2) Move to authorize the solicitation of bids for the improvement of Mar West - Tiburon Blvd. to Paradise Drive. Prepared By: Nicholas T. Nguyen, Director of Public Works / Town Engineer I\l!~( :2 ill .., I ,II TOWN OF TIBURON .~ 1505 Tiburon Boulevard Y Tiburon, CA 94920 Town Council Meeting June 20, 2007 Agenda Item: ['{:- 3 STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation regarding funding request from Chamber of Commerce for _"Friday Nights on Main" /--~ ~~? Reviewed By: INTRODUCTION The Tiburon Chamber of Commerce approached the Town Council on June 6, 2007 requesting a contribution toward the presentation of "Friday Nights on Main", its popular summer series. At the core of the Chamber's appeal for funding is their belief that this series is staged as much for the benefit of the Town as a whole as it is for the Chamber. Seeking to conduct FNOM in a manner that is cost neutral, the Chamber has requested the Town fund the projected deficit of approximately $3,500. At the June 6 meeting the Town Council directed the Town Manager to return with a recommendation for consideration at the next meeting. DISCUSSION FNOM was started in the fall of 2004, making this its 4th year. In the past, the Chamber has invited restaurateurs to bring tables out onto Main Street for their patrons, live music has been provided at both ends of the street, and some additional activities such as an art auction have been programmed. Fees have been collected from all the parties using the street to help underwrite the event. In 2005 the Chamber paid $9,200 for police services. The Chamber was not charged for this service in 2006 and the Town Council determined earlier this year that once again police services would be provided without charge. Recent events have produced special challenges for FNOM. In the past the restaurants served their own alcohol at outdoor tables, but this has been found to be inconsistent with Alcohol Beverage Control requirements. This year the ABC has clarified rules which allow only the Chamber itself to sell liquor outdoors. The restaurants may sell Chamber-procured liquor, essentially on consignment, to its patrons with whatever mark-up they choose, but the arrangement is unquestionably more challenging for both the Chamber and the restaurateurs. The latter must ensure that any liquor purchased outdoors under the Chamber's liquor permit is not co-mingled with the liquor sold by the restaurants on their licensed premises, which in most cases will necessitate the use of a doorman. Because of these extra requirements and attendant costs, the Chamber feels that it can no longer ask the restaurants to pay fees for participation in the event. This results in a loss to the Chamber of approximately $500 per evening, or $7,500 over the course of the IS-night series. The Chamber must also incur additional expenses to collect orders and purchase alcohol, label it, arrange its delivery to restaurants, and account for all these activities with appropriate documentation. In short, the event is more costly and difficult to stage now than in years past. A proposed budget for FNOM 2007 is attached. Staff consulted with the Chamber in the development of the budget and finds it to be a reasonable estimate of expenses and revenues. ANALYSIS Even though it is possible for the Chamber to fund the budget shortfall from other sources of revenue, there is merit to the argument that FNOM has become a community event, the benefit of which reverberates far beyond the exposure it affords local businesses. Therefore staff recommends funding the deficit of $3,500. Staff further recommends that these funds be allocated from the Transient Occupancy Tax the Town receives from the Water's Edge Hotel. Unlike the TOT from the Lodge at Tiburon, of which the Chamber receives 10% (approximately $34,000), the Chamber does not receive any portion of the Water's Edge TOT (100/0 of which would be approximately $12,000). Staff believes any funding for the Chamber beyond its existing TOT allocation should come from the Water's Edge TOT receipts. Staff does not believe the Town needs to contribute to "Octoberfest" as that event has become self-sufficient. FINANCIAL IMPACT The financial impact of this approach is $3,500, which would be allocated from the Water's Edge TOT receipts. RECOMMENDATION Staff recommends that the Town Council: Move to approve a grant of $3,500 to the Tiburon Chamber of Commerce for the 2007 Friday Nights on Main series, allocating this funding from the Water's Edge TOT receipts. Exhibits: A. Overview of recent Town contributions to the Chamber of Commerce B. Friday Nights on Main 2007 proposed budget Prepared By: Peggy Curran, Town Manager Exhibit A CHAMBER FUNDING This chart provides an overview of Town funding for the Chamber in the last several years. * Because FNOM straddles two fiscal years each summer, the information has been allocated into calendar years. This chart does not reflect in-kind assistance such as that provided by the Public Works Department. Year Source or Purpose FundinJ! Comments 2005 Transient Occupancy Tax $24,405 Octoberfest 2,000 2006 Transient Occupancy Tax $8,572 Lodge at Tiburon remodel impact Unreimbursed Police for FNOM $3,000 Octoberfest $2,000 2007 Transient Occupancy Tax $34,228 Art Festival Contribution $2,000 To be reimbursed from proceeds, if any Police for Art Festival (Unreimbursed) $1,211 Belvedere contributing $1,000 Police for FNOM (Unreimbursed) $6,360 Belvedere paying 25% or $2,120 Octoberfest 0 * Since Chamber contributions are not specifically itemized in the budget (except TOT) it is possible this does not reflect all funding. Exhibit B Chamber of Commerce Friday Nights on Main 2007 Proposed Budget 15 nights (excluding Octoberfest) Insurance 1,666 1,666 ABC license 550 550 Health De t 90 Set up/clean up 270 4,050 4,050 3 6 hrs $15/h r Accounting 2hrs @ 44 660 660 $22/hr Music (two roups) 900 13,500 13,500 Misc. expenses (labels, 500 banners, etc.) Ads, romotion, mise 1,000 Total $22,016 300 200 120 4,500 3,000 1,800 4,200 4,000 1,000 4,500 3,000 1,800 Foundations Sponsors Belvedere (requested) An elo music donation Art Auction 200/0 mark-up on projected $600/wk wholesale liquor sales 4,200 4,000 1,000 Total $18,500 Shortfall $3,516 Town Council Meeting June 20, 2007 - ^+lenda Item: CC f ST \ F F I{ E P() R') To: Mayor and Members of the Town Council From: Community Development Department Subject: Future Annexation Agreement for 4185 Paradise Drive to Enable Installation of a Sewer Line Annexed into Sanitary District No. 5 to Service the Subject Property and Several Properties in the Vicinity ~/ Reviewed By: BACKGROUND At its meeting of January 17, 2007, the Town Council received a report on a referral from the Marin Local Agency Formation Commission (LAFCO) regarding an appli~ation for annexation to Sanitary District No.5, by multiple properties on Paradise Drive. The annexation request was spearheaded by local builder Mark Jansheski, who is building a home at 4185 Paradise Drive (near Eden Lane, north of Sea firth Estates, upslope side of Paradise Drive) and is interested in hooking into the public sewer system, rather than installing a septic system. Mr. Iansheski intends to construct a 4" sewer force main from his home, near the intersection of Trestle Glen Boulevard with Paradise Drive, that would run south within the Paradise Drive right--of-way to the existing private sewer line that connects the Rabin residence (3900 Paradise Drive) to the Paradise Cove treatment plant. The project has the support of approximately 20-25 other property owners in the vicinity who also wish to tie into this proposed sewer line. At the January 17 meeting, the Town Council directed Town Staff to forward its comments on this application to LAFCO. The comments included a recommendation that properties involved with this project enter into an "annexation agreement" with the Town prior to any annexation to Sanitary District NO.5. Such agreements waive the ability of property owners to protest annexation to the Town ofTiburon at such time the Town may choose to pursue annexation. As the project proponent, Mr. Iansheski is required by the County of Marin to obtain an encroachment permit for installation of the sewer line. One of the conditions placed on the encroachment permit is annexation to Sanitary District No. 5 prior to commencement of project construction. As a result, Mr. Jansheski is seeking approval of his annexation agreement for the property at 4185 Paradise Drive so that the construction process can begin. Other property owners along Paradise Drive wishing to tie into the proposed sewer line are anticipated to submit additional annexation agreements for Town approval in the near ~ture. The location of the property is shown on Exhibit 1. The owner-executed agreement is attached as Exhibit 2. Town Council l\ieeliIlL' b Jdllll<lry 4, .~UOl RECOMMENDATION Staff recommends that the Town Council: Move to authorize the Town Manager to execute an Annexation Agreement for 4185 Paradise Drive. Exhibits: 1. 2. 3. Vicinity Map of Subject Property Agreement with 4185 Paradise Drive Minutes of the January 17,2007 Town Council meeting Prepared By: Dan Watrous, Planning Manager T,-y\\0. ,-IF T1Hl!I~,-I0. PaRe /~ uJ' 2 a ~ f I-' . f/} ~ ~. s ~ o """l ~ ~ ~ ~ ?a """l ~f I~ """l o (J ~ f/) f/} ~ CI) "t:l -~/,1 - _'_, '/ ' - . '1..-- -. ~~-" I~., .~.. >.' .:,o~'_ L.__. - - ~\ ,~~) , ~.z', 1 ,I ' 'f -"- , , .!J '\,""'}\ ___ ,'.--. : " I ~__~., '- ~ ' ' I' \ .,.- --- '~ .-1- , -"'-, 1!'Cp t / I ~~. .,.,. :' ...-_1- . // :--,., . ~ ~. a ~ ~ ~ ~ ~ '\ --~\ \. :'1.-.," \'i, " '\ \ -~', j \.</ I\~::~;} < . ">/~< <~ ','. ---'-.-{)O \, '<" h' \~ ,1/ ... II i I ~/~- ...... "'... s: S>> -c Q w CD o ~ ...Iio I ...Iio en ......... l . ..-..... /', X D\ \DD[] Q "0 CfJ I CfJ. r i f a I (.. lIl!!.sr :: i i 1m CD Ill' lJ EXHIBIT I ~ ~ ~ 0'\ --- ,..... +::. --- N o o .....:J ..... o H'; ..... Town ofTiburon · 15051iburon Boulevard .1iburon, CA 94920. P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us June 13, 2007 Mark J ansheski 1 Blackfield Drive #306 Tiburon, CA 94920 RE: REQUEST FOR ANNEXATION TO SANITARY DISTRICT NO. 5 WITHOUT CONCURRENT ANNEXATION TO THE TOWN OF TIBURON Dear Mr. & Mrs. Jansheki: Please find enclosed an agreement regarding future annexation to the Town of Tiburon. At this point, the Agreement is ready for your signature, which must be notarized. The Tiburon Town Clerk, Diane Crane Iacopi, can perform such notarization free of charge. Her phone number is 415-435-7377; please call in advance to make an appointment with her. However, you may choose any public notary to perform this service if you wish. Once the Agreement has been signed by you, the Agreement would be placed on the Tiburon Town Council's agenda as a "Consent Calendar" item for approval. This type of item does not normally require the applicant's attendance, but you may certainly attend the meeting if you desire. Once the Council approved the Agreement, the Town will complete the execution of the document and have it recorded. You will receive a reco~ded copy approximately 4-6 weeks after recordation. If you have any questions regarding the document or the procedure, please call me at 435-7385. Sincerely, s~ cott IpS Assistant Planner Ene.: Annexation Agreement i~'-',:/., ,~l,> ~. . . . ~.?:~;:'~',,~:>'~'./;f ::f;~;--'; '~. . . . j~~f;$b:v!tz Mt~e~~!or ~11~s~~~r.~er C~#~~~D1ber . . . tf;.'.:;I"~'~~~~'.~I:i:'~~'~':. . . . Ali~%'>Rr;e~~icks C~tlt'lci1member r'" . . . ~.. '=.'_". ~..o.;. ,..'-, '. . . . PtuJSriiith CQuhcilmember ','- . Marg~fet.;)......Curran TOvvn.lvIallager APN NO. 039-041-16 Recording Requested By: TOWN OF TIBURON Return to: Director of Community Development Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 This document is for the benefit of the Town of Tiburon. DOCUMENT TITLE AGREEMENT REGARDING ANNEXATION OF REAL PROPERTY COMMONL Y KNOWN AS 4185 PARADISE DRIVE TO THE TOWN OF TIBURON " EXHJJ3lT J AGREEMENT REGARDING ANNEXATION OF REAL PROPERTY TO THE TOWN OF TIBURON This Agreement is made and entered into this _ day of June, 2007 by and between the Town of Tiburon, a municipal corporation, ("Town" hereafter) and Mark Jansheski ("Owner" hereafter) and is based upon the following facts: (a) Owner holds title to that certain real property ("the Property" hereafter) described in Exhibit "A" attached hereto and shown for illustrative purposes only on the attached Exhibit "B"; and (b) Owner desires to connect to the public sewer system provided by Sanitary District No.5. As a result of the Marin Local Agency Formation Commission (LAFCO) dual annexation policy, Owner would be required to annex to the Town of Tiburon concurrently with annexation to the Sanitary District unless the policy is waived. Town recognizes that at this time, annexation of this non-contiguous property would result in inefficient provision of Town services to the property, but that at some point in the future, the Town may desire annexation. (c) The Town has agreed to defer annexation of the Property and recommend such to the Local Agency Formation Commission on the conditions set forth in this Agreement. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. Owner agrees on behalf of himself, his heirs, successors and assigns that, in the event any future proceedings for the annexation of the property to the Town shall be initiated by the Town, Owner shall neither directly nor indirectly oppose or protest such annexation. 2. Owner agrees that his obligations hereunder shall run with the Property and that the Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used and occupied subject to the provisions of this Agreement and that the obligations undertaken by Owner hereunder shall be binding on all parties having or acquiring any 'right, title, or interest in the Property. 2 OWNER: ~. Mark J an eski . TOWN OF TIBURON: By: Margaret A. Curran, Town Manager APPROVED AS TO FORM: By: Ann R. Danforth, Town Attorney Attachments: Exhibits "A" and "B". 3 "Exhibit A" DESCRIPTION ESCROW NO. 532546 KD ALL THAT CERTAIN real property situate in the County of Marin, State of California, described below as follows: PARCEL ONE: Beginning at a point on the Southerly line of Paradise Drive at the most Southwesterly corner of that certain parcel of land conveyed by Henry Hess and wife to' County of Marin by Deed recorded October 8, 1943 in Book 456 of Official Records at Page 6, Marin County Records; thence South 7.34 feet; thence South'430 15' East 83.42 feet; thence South 6042' 50" West 6.01 feet; thence South 360 08'West 71.89 feet; thence North 550 39' West 64.36 feet; thence North 800 39' West 6Q.78 feet to the Westerly line of that certain parcel of land conveyed to Helen C. BuUock by Deed dated November 8, 1962 and recorded December 10, 1962 in Book 1638 of Official Records at Page 597 Marin County Records; thence along said Westerly line, North 119.19 feet to the Southerly line of Paradise Drive as described in the Deed from Fred N. Bullock, et ux to County of Marin, recorded September 3D, 1943 in Book 449 of Official Records at Page 479, MarinCounty Records; thence along said last mentioned- fine~ SOlJU'r640-30' 30n-EaSl61.38 feet and South 80048' 30" East 42.78 feet to the point of beginning. PARCEL TWO: An easement for roadway purposes over the following described parcel: A strip of land 30 feet in width and lying t5 feet on each side Qf and contiguous to the following described' centerline: Beginning at the point of intersection of the courses North 50 21' West 130.13 feet and North 230 DO' West 175.00 feet in Deed from Bert J. Williams, et ux to Elva Paske, recorded September 3, 1947 in Book 561 of Official Records at Page 165, Marin County Records; thence running North 230 00' West 175.00 feet, North 110 30' West 28.00 feet; thence on a curve to the left of radius 130 feet, whose center bears South 780 30' West through a central angle of 310 45', a distance of 72.04 feet; thence North 430 15' West 95.31 feet to the Southerly Iihe of Tiburon Boulevard. Excepting therefrom any portion lying within the boundaries -of Parcel On'e described herein. Containing approximately 0.34 acres. lIP ---~- ---r-~ I~--- I I I ., I .. . _.', ' l-----.-. 11 I '\ I ! \ "--"~---JI/r-- -1/./ I / l. , ~-~.-' ./ -- >---j ", - / - J- ____t/' o ,---,--- -'Ii, \" "". --"-, \\ I", )~ \ \~, \ \;1 \ 11:, - ~._._j,~./\.~ ,,' \ I \ \, "'0 " ,." "\\ \0 \~ I I I I I i I I, 't \ I 'I II " I ) --------/ // i __-! J ~..v ~ . ~ - .4 ,1:rJ -\ I \ 0\\0 DO jcnlfn( QQ~ l i Q'. a ; IiJ file = I i i f II II I I , , I I\,~- r- --------l I_------j I --'--', I . I _..---1 r.--- [- I I I I .j r., ~ >- -- J if -~. ~_. c a = ,/ " A>> c:J !.. ~ i: A>> 9- "C ~. c:r ~. 0 ~ w ~ co I 0 ~ ..Ii. I ..Ii. 0') Cl ALL-PURPOSE ACKNOWLEDGMENT - - - - - - - State of California }ss. f}124~ G~~ County of 4~ r; (I( Mol (DATEf before me, .~(2f/~ D personally known to me - OR - :z~~c~ . fd 2AA [-~ [tfe '" (NOTARY) r:r SIGNER(S) .0 proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 9/!N<i personally appeared On I.~.--==~~."J -~~: .~ I ~ NoIaIy NllIc . CCIIIIomIa ~ t ~ _ _ ~~~~1~~ WITNESS ;~}~2)d OffiC~1 seal~ ;1~~~. , NOTAR);.:,s..B1""GNATURE OPTIONAL INFORMATION The information below is not required by law. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. CAPACITY CLAIMED BY SIGNER (PRINCIPAL) ~INDIVIDUAL D CORPORATE OFFICER DESCRIPTION OF ATTACHED DOCUMENt. ~LP~d/)~ o/! 4'1>@~ H' 4d! /hy- TITLE 9~. TYPE O~OC.U~ENT A. ... ~I r r //2,,- cd-<. (j; /r~i'~ ~B T ["X A,dr~iAy NUMBER OF PAGES 0::DO~~EN~ 1 TITLE(S) ~ D PARTNER(S) D ATTORNEY-IN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: >< J I I OTHER ~ Q) .c. C 8- .Q E :S '0 0- t2 SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(lES) RIGHT THUMBPRINT OF SIGNER ----- APA 5/99 VALLEY-SIERRA, 800-362-3369 I I I I ) 1 ) ) ) ) J ( INTRODUCTION OF NEW TOWN EMPLOYEE Steve Arana, Police Officer (Interim Chief of Police Dave Hutton) Interim Chief Hutton introduced Mr. Arana and his girlfriend, who pinned his badge. Town Clerk Crane lacopi administered the Oath of Office. Interim Chief Hutton said that Officer Arana had served for lOyears in the United States Coast Guard before going to the police academy. Mayor Gram welcomed Officer Arana to the Town. PRESENTATION Citizen Commendations (Interim Chief of Police Dave Hutton) Interim Chief Hutton introduced Sgt. Mike Mourgos, who eloquently acknowledged four citizens for their effort and valor in aiding local law enforcement. Mayor Gram presented the commendations on behalf of the Council and Police Department. The citizens recognized were: Margarita McLeod, Ms. Pamela Swain and Mr. James Chandler, and Chrissie Cutting. CONSENT CALENDAR 1. Town Council Minutes - January 3, 2007 2. Police Department Video Upgrade - Approve Utilization of COPS funding for Upgrade of Police Department's Video System(Interim Chief of Police Hutton) MOTION: Moved: Vote: To adopt Item Nos. 1 and 2, as written. Fredericks, seconded by Berger AYES: Unanimious ABSENT: Slavitz ABSTAIN: Smith, January 3, 2007 Minutes ACTION ITEMS 3. Annexation of Property to Sanitary District No.5 - Referral by Marin Local Agency Formation Commission (LAFCO) regarding Application for Annexation to Sanitary District No.5 by multiple properties on Paradise Drive Councilmember Smith recused himself and left the room, stating that he represented a homeowner's association in the affected area. Town Council Minutes #02-2007 January /7, 2007 Page 2 EXHIBIT 3 Director Anderson said that LAFCO had referred an application to the Town consisting of 20 properties located along Paradise Drive that desired annexation to Sanitary District No.5 (SD 5). Concurrent annexation to the Town was not being proposed at this time, according to Anderson. Anderson said that the annexation request was being spearheaded by local builder Mark Jansheski, who was constructing a home near Eden Lane (north of Seafirth Estates on the upslope side of Paradise Drive). He said that Mr. Jansheski was willing to front the cost of installing a force main that would have the capacity to serve all development between the SD 5 sewer plant at Paradise Cove and Trestle Glen Boulevard. This line would connect down to another private line that runs to the plant already, according to Anderson. Both lines would be accepted as public lines by the Sanitary District. Mr. Anderson said that the benefit of the proposal was that existing homes in the area could stop using outdated or failing septic systems. He said that the Seafirth Estates Subdivision might also be able to join, thereby benefiting from a new, improved sewer system. The Director said that LAFCO was, seeking comments from the Town. Additionally, LAFCO would require that all the affected property owners enter into pre-annexation agreements with the Town. He said that there were 33 such agreements in place already, and that this would probably add another 25-30 to the list. Mr. Anderson said that the proposal was consistent with the Town's General Plan policies and could aid the Town in its negotiations with the County over the future potential annexation of Paradise Drive. Councilmember Fredericks asked whether the capacity rating upgrade of SD 5' s Paradise Cove treatment plant by the Regional Water Quality Control Board was a result of a recalculation or was due to upgrades to the plant, and whether SD 5 still planned to upgrade the plant. Director Anderson said that he thought the District was moving ahead with upgrades, rather than pursuing other alternates, such as going around the Peninsula and/or pumping over the Tiburon ridge. Mayor Gram opened the public hearing. Mr. Jansheski said that he had grown up in Tiburon and was respectful ofconcems expressed about future development in the Paradise Drive area. He said that he had heard about the problems with the failing septic systems since the commencement ofhis construction, and that he had received overwhelming support for the idea of a force main from all the neighbors he had talked to. Jahnsheski told the Council that LAFCO had received the preliminary environmental analysis for the project and that the sewer line would have environmental merit. Town Council Minutes #02-2007 January 17,2007 Page 3 Randy Greenberg, Norman Way, said that she had tracked the sewer issue for 25 years and strongly supported the proposal. She acknowledged that it would create a growth incentive, or "spurt," to develop legal lots in the area. She said that this would result in traffic impacts from construction; nevertheless, Ms. Greenberg said that she supported the proposal as a "big correction" that was "long overdue." Greenberg asked the Council to be sensitive to any new development in order to keep the "rural" character of the area intact. She said that she also supported the pre-annexation agreements. Mayor Gram noted that the requirement for pre..annexation agreements for sewer service was Town policy; Ms. Greenberg asked the Council to ensure that this policy continued. Mayor Gram asked whether LAFCO was making the agreements mandatory; Director Anderson said it would be a requirement and that LAFCO wanted 1 00% of the owners who join the annexation effort to be willing to sign the annexation agreement; otherwise a protest hearing would cause several weeks' delay. Councilmember Fredericks asked whether the agreements included anything about the Town's right of first refusal to review development projects. Mr. Anderson said that they did not. I Mayor Gram closed the public comment portion and directed Staff to forward the comments to LAFCO. ........ L A. P vH\;~ 'Venlcle Replacement - Consider Budget Amendment for Replacement of Vehicle (Interim Chief of Police Hutton) Interim Chief Hutton said that two patrol vehicles had been damaged, leaving the department without a back-up vehicle. He asked the Council to authorize a budget amendment for replacement of one vehicle in the current fiscal year. He noted that two vehicles were scheduled for replacement in the next fiscal year and that this represented moving up the purchase of one of these two. In his report, Interim Chief Hutton noted that one of the vehicles had been damaged in art incident with a juvenile. Councihnember Smith asked whether restitution was being sought from the parents of the juvenile. Interim Chief Hutton said that restitution would depend on whether the juvenile was convicted. Councilmember Smith and Mayor Gram said that the Town's desire for restitution should be strongly expressed to the District Attorney, in this case. Interim Chief Hutton said that he would follow up. Town Attorney Danforth said that she would investigate the statutory obligations of the parents. Mayor Gram offered to have a letter sent to the DA under his signature. Town Council Minutes #02-2007 January J 7, 2007 Page 4 RESOLUTION NO. 27-2007 CC-s A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON COMMENDING DAVE DA VEPORT FOR 15 YEARS OF DISTINGUISHED SERVICE TO THE TOWN OF TIBURON WHEREAS, in 1992, the Town of Tiburon hired Dave Davenport to be its Assistant Superintendent of Public Works, and WHEREAS, Dave has brought credibility, integrity and professionalism to the position and has overseen dozens of landscaping, maintenance, and drainage projects that have improved the quality of life for our residents and visitors, including the Median Maintenance Beautification Project, Plaza Fountain Art Project, South of Knoll Community Playground Project, McKegney Green, Blackie's Grove, Avenida Miraflores entrance and median, installation and maintenance of the Gazebo, Library Circle Garden, Anchor Circle, Cypress Park also known as "Secret Garden", and WHEREAS, Dave's knowledge, leadership, patience, and horticulture expertise has been readily available and much appreciated by the Parks and Open Space Commission and the Town, and WHEREAS, Dave's spirit of collaboration, cooperation and ability to forge critical relationships with his crew, community members, Town officials and other public agencies have been invaluable to the Town's success, and WHEREAS, although Dave is leaving to pursue an excellent new position with the City of San Rafael, his history of accomplishments, spirit, hard work and calm manner will remain with us, and NOW THEREFORE BE IT RESOLVED that the Town of Tiburon does hereby commend Dave Davenport for his outstanding level of public service to Tiburon and extends its sincere best wishes for all success in his life and career, and BE IT FURTHER RESOLVED that the Town of Tiburon extends its gratitude to Dave Davenport whose legacy has been a Town that is green and-flourishing. PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on June 20,2007. AYES:' COUNCILMEMBERS: TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town CouncJ Meeting June 20,2007 Agenda Item: /fI-! STAFF REP()RT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Approve Rehabilitation of Fire Road Segments in Town Open Space ~ Reviewed By: BACKGROUND In 2006, the Tiburon Fire Protection District (TFPD) approached the Town with a request to rehabilitate certain fire road segments on the Tiburon Peninsula that have in recent years become impassable to fire and other emergency vehicles. These existing fire road segments are considered by the TFPD to be of critical importance in successfully fighting a wildland fire. The especially dry winter of 2006-2007 has increased the urgency of the fire road rehabilitation. The Tiburon Peninsula is classified as a high-risk area for wildland fires due to the topography, expansive open spaces, fuel loads, and the proximity of homes and development to the open spaces. PROPOSAL TPFD has indicated that the Marin County Fire Department (MCFD) would rehabilitate three fire road segments on Town open space land and one on County Open Space District open space land this summer. The MCFD owns the proper equipment, has the trained personnel to operate the equipment, and routinely maintains 100 to 200 miles of fire roads throughout Marin County, on both public and private lands. The three fire road segments on Town land proposed for rehabilitation are as follows: 1. The Middle Ridge Slope Fire Road extending from the vicinity of 100 Gilmartin Drive to near the terminus of Hacienda Drive (see Exhibit 1). Segments of this fire road totaling about 700 linear feet need substantial clearing of French broom and pampas grass as well as repair of damage caused by erosion. Other sections are in working order and will not need major rehabilitation, although the equipment would need to traverse the entire length of the fire road. 2. The Middle Ridge Ridgetop Fire Road, between the crest of Gilmartin Drive and the terminus of Hacienda Drive (see Exhibit 1). This fire road is in fairly good condition with only a few eroded areas needing a light grading effort to restore acceptable passage by fire vehicles. Town Council Meeting June 20,2007 3. The Shepherd Way Extension Fire Road extending from the end of Shepherd Way up the slopes of Ring Mountain to the Town's boundary with unincorporated territory within the Ring Mountain Open Space Preserve (see Exhibit 2). An approximately 900 linear foot long Town-owned segment of this lengthy fire road would be rehabilitated. One pine tree, some coyote brush and various invasive plant species would be removed. Severe erosion has created an incised channel where the lower edge of the fire road formerly ran. This incision would be partially filled during restoration of the fire road and appropriate drainage established. The Marin County Fire Department also intends to rehabilitate the Vistazo West Fire Road, which is contained within the Old St. Hilary Open Space Preserve. This work would be on land owned by the Marin County Open Space District and does not require Town approval. The Marin County Fire Department uses adopted operational procedures (Exhibit 3) in maintaining emergency access roads. These procedures will be used in conjunction with the proposed work. MCFD Deputy Chief Mark Brown indicates that rehabilitated fire roads would be roughly 10 feet in width, not to exceed 12 feet at a maximum. The work will be performed with a bulldozer. Neither the TFPD nor the MCFD will indemnify the Town from any claims arising from the maintenance work. In fact, the County requires as a condition of performing the work that the Town hold it harmless for damages, other than those arising from its negligence (Exhibit 4). Town Staff believes that the risks associated with the work are relatively low. Accordingly, we recommend that the Town Council should waive the typical indemnification conditions required for work on Town land, which is normally performed by private entities for private benefit. The overall public benefit derived from rehabilitation of the fire road segments outweighs the small risk incurred. The Tiburon Fire Chief reports that approximately one week would be required to complete the fire road rehabilitation. The Middle Ridge Fire road work would probably proceed from the top of Gilmartin Drive where delivery, unloading, and reloading of the equipment could safely occur. Work on the Shepherd Way fire road would probably be staged from the Lutheran Church parking lot at the end of Shepherd Way, pending separate approval by that private entity. PUBLIC NOTICE Notice of the proposed fire road rehabilitation (including reduced copies of the maps attached to this report) was mailed to approximately 100 property owner addresses in the vicinity of the proposed work. FINANCIAL IMPACT Staff anticipates relatively minor staff and contract personnel costs associated with monitoring of the work while in progress. The work will be performed at no direct charge. There is some liability exposure for the Town during and after the work as the Town would not be requiring indemnification as a condition of the work and would have a hold harmless agreement with MCFD. It is anticipated that, as in decades past, the MCFD or another entity will (with Town permission) perform occasional ongoing maintenance of the fire roads once they are rehabilitated TOWN OF TIBURON Page 2 of 3 Town Council Meeting June 20, 2007 such that they do not fall into an advanced state of disrepair. It is likely that some minimal level of on-going Town monitoring of these fire roads for erosion, siltation, and drainage purposes will be required over the years. The Town has preliminarily budgeted $50,000 for fire road maintenance in the 2007-2008 capital improvement budget, but Staff estimates Town costs for monitoring of the proposed work would be under $5,000. ENVIRONMENT AL DETERMINATION Staff has preliminarily determined the project to be exempt from the California Environmental Quality Act pursuant to Section 15301(d) of the CEQA Guidelines. The existing fire roads would receive relatively light grading and leveling to restore passage of emergency vehicles. Standard measures adopted by the Marin County Fire Department will be employed to address potential erosion, slope instability, and drainage. The fire road segments to be rehabilitated are largely overgrown with French broom, Pampas grass, and other invasive plant species and/or are eroded into sediment-laden channels. There is not expected to be any impact on protected species of flora or fauna, as equipment will be required to remain on existing fire road alignments. RECOMMENDATION Staff recommends that the Town Council: 1. Take any public comment on the proposal 2. Move to find the project exempt from CEQA 3. Move to approve the fire road rehabilitation project 4. Move to authorize the Town Manager to enter into the right-to-enter and hold harmless agreements with the MCFD and negotiate final details Exhibits: 1. 3. Aerial Photo showing linear extent of Middle Ridge Fire Road rehabilitation work Aerial Photo showing linear extent of Shepherd Way Fire Road rehabilitation work Marin County Fire Department operational guidelines for emergency access road maintenance Right to Enter Agreement form of County Fire Department Scott Anderson, Director of Community Development ~ 2. 4. Prepared By: TOWN I...'F TTBl TRON Pi1~e 3 of 3 MARIN COUNTY FIRE DEPARTMENT OPERATION GUIDELINE SERVICES - EMERGENCY ACCESS ROAD MAINTENANCE - OG7000.1 GENERAL INFORMATION PURPOSE THE DEPARTMENT MAINTAINS A NETWORK OF APPROXIMATELY 200 MILES OF UNPAVED ROADS WITHIN PRIVATE AND PUBLIC LANDS THROUGHOUT THE COUNTY. THESE ROADS PROVIDE RAPID AND SAFE ACCESS FOR EMERGENCY VEHICLES AND ATTENDANT PERSONNEL. EROSION FROM POORLY MAINTAINED UNPAVED ROADS IS RECOGNIZED AS A MAJOR SEDIMENT CONTRIBUTOR TO WATERCOURSES AND DETRIMENTAL TO RESIDENT AND ANADROMOUS FISH. THIS POLICY ESTABLISHES A SET OF MAINTENANCE GUIDELINES THAT, WHEN APPLIED BY THE DEPARTMENT'S HEAVY EQUIPMENT OPERATORS, WILL PROVIDE NECESSARY ACCESS AND CONTROL UNNECESSARY EROSION. PROCEDURE I. NETWORK OF ROADS MAINTAINED A. THE DEPARTMENT WILL MAINTAIN THE NETWORK UNPAVED ROADS DESIGNATED AND MAPPED AS "EMERGENCY ACCESS ROADS" BY THE DEPARTMENT. B. ADDITIONAL EMERGENCY ACCESS ROADS MAY BE ADDED TO THIS NETWORK AT THE DISCRETION OF THE FIRE CHIEF OR'DEPUTY FIRE CHIEF. II. INSPECTION A. EMERGENCY ACCESS ROAD SURFACES, CUT AND FILL SLOPES, AND DRAINAGE STRUCTURES SHOULD BE INSPECTED ANNUALLY BEFORE THE BEGINNING OF THE RAINY SEASON. PAGE OG7000.1 - 1 3 EXHIBIT MARIN COUNTY FIRE DEPARTMENT OPERATION GUIDELINE SERVICES - EMERGENCY ACCESS ROAD MAINTENANCE - OG7000.1 III. ROAD SURFACE MAINTENANCE A. ROAD SURFACES SHOULD BE GRADED ONLY WHEN NEEDED TO MAINTAIN A STABLE, SMOOTH RUNNING SURFACE AND TO RETAIN THE ORIGINAL SURFACE DRAINAGE-RAISE THE BLADE WHENEVER POSSIBLE. B. ROADS WILL BE APPROXIMATELY 12-FEET WIDE IV. CUT SLOPE MAINTENANCE A. WHEN EXCESSIVE RAVELLING, RILLING, AND SLUMPING BLOCKS DITCHES APPLY THE FOLLOWING: 1. SHORT-TERM REMEDY: CLEAN OR WIDEN BLOCKED DITCHES. 2. LONG-TERM REMEDY: CONTACT THE LANDOWNER TO DEVELOP AN ENGINEERED DESIGN. V. FILL SLOPE MAINTENANCE A. WHEN FILL SLOPE INSTABILITY IS NOTED APPLY THE FOLLOWING: 1. SHORT-TERM REMEDY: REMOVE UNSTABLE MATERIALS BEFORE THEY FAIL. 2. LONG-TERM REMEDY: CONTACT THE LANDOWNER TO DEVELOP AN ENGINEERED DESIGN. VI. DRAINAGE STRUCTURE MAINTENANCE A. OUTSLOPING IS THE PREFERRED METHOD OF ROAD DRAINAGE. MAINTAIN AN OUTSLOPED ROAD SURFACE. WHENEVER POSSIBLE, REGRADE INSLOPED ROADS WITH DITCHES TO OUTSLOPED ROADS WITHOUT DITCHES. B. WATERBARS SHOULD BE MAINTAINED WHENEVER PUTSLOPING OF ROADS IS NOT POSSIBLE. 1. ANNUALLY RECONSTRUCT WATER BARS AT A PROPER SPACING ACCORDING TO THE GRADE OF THE ROAD.1 2. SKEW WATERBARS TO 300 OF THE DITCH LINE. 3. EXTEND WATERBARS TO THE CUT SLOPE TO INTERCEPT ALL DITCH FLOW. 1 HANDBOOK FOR FOREST AND RANCH ROADS-FIGURE 29, TABLES 3 AND 17. PAGE OG7000.1 - 2 MARIN COUNTY FIRE DEPARTMENT OPERATION GUIDELINE SERVICES - EMERGENCY ACCESS ROAD MAINTENANCE - OG7000.1 4. DIRECT WATER FLOW TO A STABLE SLOPE PROTECTED BY RIPRAP OR VEGETATION. CONTACT LANDOWNER TO OBTAIN RIPRAP. WHENEVER POSSIBLE INSTALL PERFORATED PIPE WITH END-CAPS TO DISSIPATE WATER ENERGY. C. CULVERTS SHOULD BE MAINTAINED ANNUALLY. 1. REMOVE OBSTRUCTIONS AT THE CULVERT INLET. 2. REPLACE RIPRAP AND SOIL AROUND CULVERT INLET. 3. REPLACE RIPRAP AT THE CULVERT OUTLET. 4. REPLACE UNDERSIZED OR DYSFUNCTIONAL CULVERTS. CONTACT LANDOWNER TO OBTAIN A REPLACEMENT CULVERT. PAGE OG7000.1 - 3 RIGHT TO ENTER The undersigned, being the Owner(s) of the following described property: Assessor's Parcel No.(s) Address: grants to the County of Marin and its authorized agents, contractors, and employees the Right to Enter said property as is necessary in order to maintain the emergency access road over and across the above parcel. This Right to Enter is granted in consideration for the work to be done and is subject to the following conditions: 1. This Right to Enter grants access to the County of Marin to perform road maintenance over the existing unpaved access road consistent with Marin County Fire Department Operation Guideline 7000.1 which is attached hereto and incorporated herein. 2. The Right to Enter hereby granted shall be effective for from the date of signature. 3. The County shall give the Owner a minimum of commencing maintenance. notice prior to 4. The unpaved road surface shall only be graded if necessary to maintain a stable, smooth running surface. The original or existing surface drainage shall be maintained. 5. The County shall not be liable to the Owner for an incidental damage to improvements which may encroach upon County property, including landscaping insofar as those damages are necessarily incurred in performing the above described work. The Owner holds harmless the County, its authorized agents, contractors, and employees from all claims by the Owner or by any third party, except insofar as said claims can be shown to be caused by the negligence of the County, or its authorized agents, contractors, and employees. OWNER Signature Date Print Name: Signature Date Print Name: EXHIBIT J I - 23280 T fO) ~.~~~~~ ~ m1 JUN 1 9 Z007 lW ~tv;t/ CO (/,1/("(L ~(f6. b '. .{ 0,-(/;' LATE MAIL # Ar-I TOWN CLERK TOWN OF rmURON Allan N. Littman 100 Rolling Hills Road Tibruon, CA, 94920 ( 415-435-0886) June 20, 2007 To The Mayor and Council of the Town of Tiburon Council Meeting on June 20. 2007. Agenda Item. "French Broom" French broom has become widespread on Town open space lands, and threatens their recreational and preservation functions. It should be removed and its resurgence prevented by periodic control. I understand that the Town may be ready to budget $50,000 for that purpose. In conversations with Ms. Janet Klein, an expert with the Marin Municipal Water District, which has considerable experience in French broom removal, I have been informed that August and September may be the best time to do the necessary work. I respectfully urge the Council to consider taking the following action: 1. Include at least the recommended $20,000 in this year's budget. Somewhat more will be needed. 2. Appoint a small committee of citizens to report back to the Council by July 31, 2007 on: a) the most effective, and efficient methods of French broom eradication and control; b) the selection of two 5 acre sites (one where native plants are threatened, and one not presenting that problem) where methods approved by the Town could be applied as samples in August 2007; and c) the estimated cost of carrying out the work on the sample sites; d) the estimated cost of carrying out the work on the remaining sites in Tiburon; e) a strategy for accomplishing item 2 d. Ms. Alison Pence has provided me with a photograph of the location of endangered plants in the Gilmartin area, which I have delivered to Scott Anderson. . She and Ms. Eva Buxton suggest that immediate attention be given to the careful removal of French broom from proximity to those plants Ms. Klein has advised me that there are reputable contractors who do the removal work, at least one of which has experience in preparing long range plans for permanent control of this noxious plant. Yours Si~~ ~ ittman I I 1-3 ; l - J j ~.i TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 20, 2007 Agenda Item: -IJ I - Z STAFF REPORT To: Mayor and Members of the Town Council From: Councilmember Fredericks Subject: Recommendation to Metropolitan Transportation Commission of Appointment to MTC Regional Committee on Airport Expansion Reviewed By: ~ BACKGROUND The Regional Airport Planning Committee is comprised of representatives from MTC, ABAG, and BCDC. The body's role is advisory and informational and does not limit the independent actions of the agencies involved. It convenes on an as-needed basis, when a member body requests a meeting. Since 1972, the RAPC has taken responsibility for development and updating of the Regional Airport System Plan (RASP) on a periodic basis. The current plan, updating the 1994 plan, was adopted in 2000. The FAA and the Bay Area Air Quality Management District each utilize information in the plan for their regulatory purposes. A work plan approved in 2006 authorized preparation of baseline technical information to be used in the next update of the plan. Those reports are scheduled to be completed this year. Supervisor Charles McGlashan has resigned from the committee, thereby creating a vacancy for a Marin County representative. Supervisor Steve Kinsey, who is also Marin County's MTC Commissioner, has asked for recommended candidates for the position which he will then convey to the Chair ofMTC, Napa Supervisor Bill Dodd, for his consideration. RECOMMENDA TION Staff recommends that the Town Council: 1) Determine whether anyone on the Council has an interest in serving on the committee as the Marin County representative; and if so, 2) Direct Staff to submit the name of the interested Councilmember to MTC for its consideration. Prepared By: Diane Crane Iacopi, Town Clerk {! TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 20, 2007 Agenda Item: PH ~- I STAFF REPORT To: Mayor and Members of the Town Council Prom: Town Manager and Town Attorney Subject: Tiburon Tourism Business Improvement District - Information Meeting Reviewed By: @ BACKGROUND The Town Council adopted a Resolution of Intention to form the Tiburon Tourism Business Improvement District (TTBID) at its June 6, 2007 regular meeting. As noted in the resolution, there are several meetings that follow adoption of the resolution, including a public information meeting. That meeting was publicly noticed for June 20, 2007. Staff is available to answer any questions about the formation of the district. No further action is required by the Council until the next public hearing which is set for August 15, 2007 ("protest hearing"). At that time, the Council will take public testimony and determine whether it is appropriate to take the next steps in the district's formation. RECOMMENDATION Staff recommends that the Town Council: 1) Hear public comment, but take no action on, the proposed district. Exhibit: June 6, 2007 Staff Report (without exhibits). Prepared By: Diane Crane Iacopi, Town Clerk '~ .~ TOWN OF TIBURON , L 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 6, 2007 Agenda Item: hI-/... STAFF REP()RT To: Mayor and Members of the Town Council From: Town Manager Town Attorney Subject: Recommendation to Approve Resolution of Intention to Participate in the Marin County Tourism Business Improvement District Reviewed By: ~. BACKGROUND The Town's two hotels, The Lodge at Tiburon and the Water's Edge Hotel, have requested that the Town form a Business Improvement District to fund partnering with the Marin County Tourism Business Improvement District ("MCTBID") to promote tourism in the Town. This organization operates as the Marin County Visitors Bureau (MCVB), with seven participating cities: Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, San Anselmo and San Rafael. The MCTBID would be funded through a 1 % self-assessment paid by the hotels. This is over and above the Transient Occupancy Tax that currently flows to the Town, a portion of which in turn flows to the Chamber of Commerce to support their promotional efforts. The Town was invited to participate in the MCTBID upon its formation by the Marin County Board of Supervisors in 2003. At that time the Council decided against participation because the community was divided in its support. Chamber of Commerce opposed it, believing the Town would receive more benefit by creating a purely local BID. Since that time the Chamber has abandoned its plans for a local BID and now supports this effort, as do both of the Town's hotels (see Exhibits A and B). Staff' also believes this is a prudent action for the Town: the dollars collected will supplement, rather than deplete, existing resources and the Town and its businesses will benefit from the MCVB's sophisticated marketing efforts. Collecting entities, which the Town would be in this instance, are entitled to retain 1 % of the collection to cover administrative costs. PROCESS If the Council wishes to have the town join the MCTBID, the process is as follows: T own Council Meeting June 6, 2007 1. The Council passes the attached resolution stating that the Town intends to establish the Tiburon Tourism Business Improvement District ("TTBID") and directs staff to mail a joint notice for a public meeting and a public hearing. 2. Within 7 days of adopting the resolution of intention, the Town mails the joint notice to and a copy of the approved resolution to all hotel businesses that would be assessed to fund the TTBID (The Lodge at Tiburon and the Water's Edge Hotel). 3. The Town publishes the approved resolution and notice in a newspaper of general circulation, for at least 7 days before the public hearing. 4. The Town Council holds a public meeting on the TTBID, opening the item for discussion, but taking no action. 5. At least 45 days after the adoption of the resolution of intention, the Council holds the public hearing to take testimony on the TTBID and implementing ordinance. If there is no majority protest (50% or more of the affected hotels, weighted by assessment), the Council passes first reading of the ordinance. 6. At its next meeting, the Council holds a public hearing for second reading and adopts the ordinance. 7. The Council appoints an advisory board (this can be done any time after adoption of the ordinance forming the TTBID). 8. The Town contracts with the Marin County Visitors Bureau for services, paying with the hotel business assessments paid by the hotels pursuant to the TTBID ordinance. RECOMMENDA TION Staff recommends that the Town Council: Approve the Resolution of Intention to participate in the Marin County Visitors Bureau. EXHIBITS A. Letter from Water's Edge Hotel B. Letter from The Lodge at Tiburon C. Resolution of Intention D. Notice of Proposed Assessment Prepared by: Peggy Curran, Town Manager T OVlN OF TIEl TRON Page 2 of 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 20, 2007 Agenda Item: IIII:2. STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Subject: Recommendation to Approve 20th Amendment to Franchise Agreement with Mill Valley Refuse Service Authorizing FY 2007-2008 Rate Increase q ,{ L.'.'.---.....~. ) .) ,.. - Reviewed By: BACKGROUND Refuse service for the Town is provided under a franchise agreement with Mill Valley Refuse Service. Under the agreement, MVRS is entitled to seek a rate increase each fiscal year. The history of increases in recent years is as follows: Fiscal Year Percent 2000/2001 3.8% 2001 / 2002 4.3% 2002 / 2003 3.0% 2003 / 2004 8.1% 2004 / 2005 0% 2005 / 2006 3.7% 2006 / 2007 2.9% DISCUSSION On May 1,2007, the Town received a letter from MVRS seeking an increase of 4.42%. MVRS was to have sent each of its southern Marin cities with comparable contracts, Mill Valley, Belvedere and Corte Madera, a request for an increase by April 1. This late request, which was due to changes in MVRS staff, meant that the cities could not avail themselves of the opportunity to have an analysis conducted and still make rate changes effective at the start of the upcoming fiscal year. To address this problem, the cities met with MVRS. The parties agreed that only a cpr adjustment of 3 .20/0 would be sought for the upcoming year by MVRS for both its regular service and for debris boxes. It is expected that a larger increase will be sought next year, in part to offset costs associated with fuel and clean air retrofitting of its fleet, but MVRS has assured us that any request will be provided with sufficient lead time to permit an analysis. It should be noted that the cost of an analysis is borne by MVRS which, in turn, is passed through to its customers. FINANCIAL IMPACT There is no direct financial impact as a result of this rate increase except in anticipated franchise fees. MVRS provides many services to the Town including debris box pick-up for Public Works as well as trash removal in Town park and path areas, but these are at no charge under the Town's contract. Franchise fees, which are a percentage of collections, are likely to increase by the 3.20/0; this increase is reflected in the proposed budget. RECOMMENDATION Stafftecommends that the Town Council: Move to approve an amendment to the franchise agreement with Mill Valley Refuse Service, Inc. authorizing a rate increase of 3.20/0 for fiscal year 2007-2008. Exhibits: A. B. 20th Amendment to Franchise Agreement Letter from McLoughlin, Beiese and Co, LLP, Certified Public Accountants for Mill Valley Refuse Service, Inc. Prepared By: Peggy Curran, Town Manager TWENTIETH AMENDMENT TO FRANCHISE AGREEMENT The parties are the TOWN OF TIBURON, a municipal corporation organized and existing under and by virtue of the laws of the State of California, hereafter referred to as "Town," and "MILL VALLEY REFUSE SERVICE, INC.," a California corporation hereafter referred to as "Company." WITNESSETH WHEREAS, the parties heretofore entered into a written agreement dated November 12, 1965 and renewed a modified Solid Waste Management Agreement on December 6, 1995, relating to the collection and disposal of all refuse within the Town, and have amended said rates for services referred to in the agreement on several occasions; and WHEREAS, the parties now desire to amend said agreement in the respects hereafter set forth; and WHEREAS, the Town has heretofore held a hearing in the matter, and has determined that said further amendment is proper and in the best interests of its citizens; and WHEREAS, it has been determined that the rates charged by the Company for the services referred to herein should be modified and adjusted as hereafter set forth; NOW, THEREFORE, it is mutually agreed that the written agreement between the parties dated December 6, 1995, and the subsequent amendments thereto, shall be amended in the following manner, effective for the period July 1,2007 to June 30, 2008: The monthly rates shall be those set forth in Exhibit A, which is attached hereto and incorporated herein by reference. These rates include and incorporate a three point 2 percent (3.2%) adjustment to all rates for solid waste collection and recycling for all residential and commercial customers. Other than as herein specifically provided, the aforesaid Agreement, and the amendments thereto, are hereby ratified and confirmed to be and shall continue in full force and effect. 1// /11 III Twentieth Amendment to MVRS Franchise Agreement - Adopted 06/XX/2007 Page 1 0[2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of this _ day of June, 2007. TOWN OF TIBURON TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK MILL VALLEY REFUSE SERVICE, INC. By: Its. Approved as to Form: ANN DANFORTH, TOWN ATTORNEY Twentieth Amendment to MVRS Franchise Agreement - Adopted 06/XX/2007 Page 2 of2 McLauGHLIN? BRIESE & Ca_? LLP CERTIFIED PUBLIC ACCOUNTANTS 900 LARKSPUR LANDING CIRCLE, SUITE 175 LARKSPUR, CA 94939 TEL. (415) 461-8866 FAX. (415) 461-0561 www.mcbco.com TERENCE V. McLOUGHLIN, c.PA. (1930-2006) ERIC A. BRIESE, c.PA. ebriese@mcbco.com CARROLL W NG, CPA. cng@mcbco.com June 8, 2007 RECEIVED JUN 1 1 Z007 Peggy Curran Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 TOWN MANAGERS OFFICE TOWN OF TIBURON Re: Mill Valley Refuse Service, Inc. Dear Peggy, On behalf of our client, Mill Valley Refuse Service, Inc., we enclose herewith their cover letter and rate sheets pertaining to their requested rate increase for 2007. If you need any additional information, please do not hesitate to contact me. Thank you, f~' /5~~~ Eric A. Briese, CPA EncIs. Cc: Mill Valley Refuse Service, Inc. OVERSEAS CORRESPONDENTS - LONDON, ENGLAND - SYDNEY, AUSTRALIA ~ MILLp.r~~~!~}!!!~!~o!~'!~!~!~ INC. ~ PHONE (41 5) 457-9760 FAX (4 15) 457-3003 June 8,2007 TO' All Interested Parties: SUBJECT: 2007 RATE APPLICATION Mill Valley Refuse Service has campleted its internal rate review and respectfully submits this rate applicatian. The percent increases that we are requesting effective July 1, 2007 are detailed in Table 1 below Table 1- Percent Rate Increase by Municipality 2007 CITY OF MILL V ALLEY 3.20% TOWN OF BELVEDERE 3.20% TOWN OF CORTE MADERA 5.24% ALTO SANITARY DISTRICT 3.20% TOWN OF TIBURON 3.20% COUNTY OF MARIN 3.20% HOMESTEAD SANITARY DISTRICT 3.20% STRAWBERRY RECREATION DISTRICT 3.20% We are alsO' asking far a debris bax rate increase af 3.200/0. The requested increase is based an the annual 12 manth Cansumer Price Index increase far 2006 as published by the u.S. Bureau af Labar Statistics. Given aur averall strategy to' attain further efficiencies to' keep rates at reasanable levels, we respectfully submit this applicatian far the year 2007. Please feel free to' cantact us with any questians. Respectfully Y aurs, Mill Valley Refuse Service, Inc. Bureau of Labor Statistics Data Page 1 of 1 u.s. Department of Labor Bureau of Labor Statistics Bureau of Labor Statistics Data www.bls.gov Advanced Search I A-Z Index BlS Home I Programs & Surveys I Get Detailed Statistics I Glossary I What's New I Find It! In DOL Change Output Options: From: 2006 To: 2007 ~ include graphs NEW! Data extracted on: June 8, 2007 (5:20:31 PM) More Forrnatting Options.... Consumer Price Index - All Urban Consumers 12 Months Percent Change Series Id: CUURA422SAO,CUUSA422SAO Not Seasonally Adjusted Area: San Francisco-Oakland-San Jose, CA Item: All items Base period: 1982-84=100 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF 1 HALF2 2006 2.9 3.2 3.9 3.8 2.5 3.4 3.2 3.2 3.3 2007 3.2 3.3 Fr~qygJltlYuA~L<gduQIJ~~tiQO~ IFre,e,dQmu,QfmlnfQrm~,tiQouA(;t I CYu$tQ,mgruuSY..v~y Privacy & Security Statement I Linking to Our Site I Accessibility U.S. Bureau of Labor Statistics Phone: (202) 691-5200 Postal Square Building Do you have a Data auestion? 2 Massachusetts Ave., NE Do you have a Te,(;hnicaJ{weblquestiQn? Washington, DC 20212-0001 Do you have Other_comments? http:// data. b Is. gov IPDQI serv letlS urveyOutputS erv let 6/8/2007 ALTO EFFECTIVE 7/1/07 INCREASE 3.200/0 BASE GRN BASE wI RECYC MONTHL Y QTRLY # OF CANS RATE CAN GRN CAN $ 17.69 $ 1.57 $ 19.27 $ 3.14 $ 22.41 $ 67.22 MINI CAN $ 20.82 $ 1.85 $ 22.67 $ 3.14 $ 25.81 $ 77.42 1 CAN $ 37.83 $ 3.38 $ 41.21 $ 3.14 $ 44.35 $ 133.04 2 CANS $ 55.14 $ 4.93 $ 60.07 $ 3.14 $ 63.21 $ 189.63 3 CANS $ 72.47 $ 6.47 $ 78.93 $ 3.14 $ 82.07 $ 246.21 4 CANS $ 89.80 $ 8.02 $ 97.82 $ 3.14 $ 100.96 $ 302.87 5 CANS $ 31.19 $ 2.79 $ 33.98 $ 3.14 $ 37.12 $ 111.35 1-45 GAL $ 48.25 $ 4.31 $ 52.55 $ 3.14 $ 55.69 $ 167.08 2-45 GAL Multiple Unit Residential* All areas charged a minimum of one 32-gallon can per unit at the same rates applicable to single-family residential customers. 45-gallon cans or additional cans charged at the applicable residential rate. Multiple weekly pick-ups charged as a multiple of the applicable once-per-week rate. A 10% discount will be applied if all units are paid by the property owner. *If 1- or 2-yard containers supplied by MVRS are used, rental rates apply. Collections from containers are charged at the 32-gal. can rate based on 7 cans per 1-yard container or 14 cans per 2-yard container, less 10% if all units are paid by the owner. PER YARD CHARGE 1 YARD CONTAINER BASE GRN BASE wI RECYC MONTHL Y RENTAL # PICKUPS RATE CAN GRN CAN $ 89.56 $ 7.99 $ 97.56 $ 13.23 $ 110.79 $ 16.70 1 PICKUP $ 179.05 $ 15.98 $ 195.03 $ 26.46 $ 221.49 $ 16.70 2 PICK UPS $ 268.64 $ 23.94 $ 292.59 $ 37.04 $ 329.63 $ 16.70 3 PICK UPS $ 358.17 $ 31.95 $ 390.12 $ 52.96 $ 443.08 $ 16.70 4 PICK UPS $ 447.66 $ 39.94 $ 487.60 $ 66.18 $ 553.78 $ 16.70 5 PICK UPS $ 537.20 $ 47.93 $ 585.12 $ 79.41 $ 664.53 $ 16.70 6 PICK UPS 2 YARD CONTAINER BASE GRN BASE wI RECYC MONTHL Y RENTAL # PICKUPS RATE CAN GRN CAN $ 179.05 $ 15.98 $ 195.03 $ 26.46 $ 221.49 $ 33.41 1 PICKUP $ 358.17 $ 31.95 $ 390.12 $ 52.96 $ 443.08 $ 33.41 2 PICK UPS $ 537.20 $ 47.93 $ 585.12 $ 79.41 $ 664.53 $ 33.41 3 PICK UPS $ 716.28 $ 63.90 $ 780.18 $ 105.88 $ 886.06 $ 33.41 4 PICK UPS $ 895.39 $ 79.86 $ 975.26 $ 132.37 $ 1,107.63 $ 33.41 5 PICK UPS $ 1 ,074.48 $ 95.84 $ 1,170.32 $ 158.84 $ 1,329.17 $ 33.41 6 PICK UPS 52 BELVEDERE EFFECTIVE 7/1/07 INCREASE 3.20% FLAT AREA FLAT AREA BASE GRN CAN BASE W/GRN RECYCLE MONTHLY QUARTEr # CANS/PU 23.31 1.77 25.08 3.30 28.39 85.16 1 CAN/1PU 38.69 2.94 41.63 3.30 44.93 134.79 1 CAN/ 2PU 76.19 5.79 81.98 3.30 85.28 255.85 2 CAN/2PU 63.49 4.82 68.31 3.30 71.62 214.85 3 CANS/1 PU 115.06 8.73 123.79 3.30 1.27.09 381.27 3 CANS/ 2PU 84.93 6.45 91.38 3.30 94.68 284.04 4 CANS/1 PU 154.44 11.73 166.17 3.30 169.47 508.42 4 CANS/ 2PU 108.13 8.20 116.32 3.30 119.63 358.88 5 CANS/1 PU 19.80 1.51 21.31 3.30 24.62 73.85 MINI CAN/1PU 26.93 2.05 28.98 3.30 32.28 96.85 1-45GAL CAN/1 PU HILL AREA HILL AREA . 29.22 2.22 31.44 3.30 34.75 104.24 1 CAN/1 PU 50.26 3.81 54.07 3.30 57.38 172.13 1 CAN/2PU 98.98 7.50 106.48 3.30 109.78 329.35 2 CANS/2PU 78.68 5.96 84.64 3.30 87.94 263.81 3 CANS/1 PU 150.03 11.38 161.41 3.30 164.72 494.15 3 CANS/ 2PU 104.42 7.92 112.34 3.30 115.64 346.93 4 CANS/1 PU 174.01 13.20 187.21 3.30 190.51 571.53 4 CANS/2 PU 24.85 1.89 26.74 3.30 30.04 90.13 MINI CAN/1PU 43.77 3.32 47.10 3.30 50.40 151.20 1-45GAL CAN/1PU Multiple Unit Residential* All areas charged a minimum of one 32-gallon can per unit at the same rates applicable to single-family residential customers, 45-gallon cans or additional cans charged at the applicable residential rate, Multiple weekly pick-ups charged as a multiple of the applicable once-per-week rate, A 10% discount will be applied if all units are paid by the property owner, */f 1- or 2-yard containers supplied by MVRS are used, rental rates apply. Collections from containers are charged at the 32-gal, can rate based on 7 cans per 1-yard container or 14 cans per 2-yard container, less 10% if all units are paid by the owner, 1 YARD CONTAINER BASE GRN BASE/W GRN RECYCLE MONTHLY RENTAL # OF PICK UPS 102.23 7.76 109.99 13.79 123.79 16.68 1 PICK UP 204.45 15.53 219.98 27.58 247.56 16.68 2 PICK UP 306.68 23.28 329.96 41.38 371.35 16.68 3 PICK UP 408.77 31.04 439.81 55.16 494.96 16.68 4 PICKUP 511.17 38.79 549.96 68.97 618.93 16.68 5 PICK UP 613.41 46.55 659.97 82.77 742.73 16.68 6 PICK UP 2 YARD CONTAINER BASE GRN BASE/W GRN RECYCLE MONTHLY RENTAL #OF PICK UPS 204.45 15.53 219.98 27.58 247.56 32.25 1 PICK UP 408.92 31.04 439.96 55.16 495.11 32.25 2 PICK UP 613.41 46.55 659.97 82.77 742.73 32.25 3 PICK UP 817.87 62.07 879.93 110.36 990.29 32.25 4 PICK UP 1,022.34 77.61 1,099.95 137.94 1,237.89 32.25 5 PICK UP 1 ,226.79 93.11 1,319.90 165.52 1,485.42 32.25 6 PICK UP COMMERCIAL TRASH CANS BASE GRN CAN BASE W/GR~ RECYCLE MONTHL Y # CANS/PU 24.65 1.88 26.53 3.33 29.86 1-32GAU1 PU 37.01 2.80 39.81 5.00 44.81 1-45GAU1 PU 53 Residential Multiple Unit Residential* All areas charged a minimum of one 32-gallon can per unit at the same rates applicable to single-family residential customers. 45-gallon cans or additional cans charged at the applicable residential rate. Multiple weekly pick-ups charged as a multiple of the applicable once-per-week rate. A 10% discount will be applied if all units are paid by the property owner. */f 1- or 2-yard containers supplied by MVRS are used, rental rates apply. Collections from containers are charged at the 32-gal. can rate based on 7 cans per 1-yard container or 14 cans per 2-yard container, less 10% if all units are paid by the owner. Commercial 1 YARD CONTAINER 54 COUNTY RATES 1-4 EFFECTIVE 7/1/07 INCREASE 3.20%1 COUNTY #1 SHORELINE &GIBSON BASE GRN CAN RECYCLE MONTHLY QT # OF CANS $ 19.47 $ 1.96 $ 2.57 $ 24.00 $ 72.00 1 CAN $ 42.80 $ 4.36 $ 2.57 $ 49.73 $ 149.19 2 CAN $ 66.13 $ 6.73 $ 2.57 $ 75.43 $ 226.30 3 CAN $ 89.46 $ 9.11 $ 2.57 $ 101.14 $ 303.41 4 CAN $ 112.79 $ 11 .48 $ 2.57 $ 126.84 $ 380.52 5 CAN $ 32.00 $ 3.26 $ 2.57 $ 37.83 $ 113.50 45 GAL CAN $ 16.79 $ 1.71 $ 2.57 $ 21.07 $ 63.22 MINI CAN COUNTY #2 PARADISE CAY- BAY VISTA - RANCHO BASE GRN CAN RECYCLE MONTHLY aT #OF CANS $ 18.94 $ 1.92 $ 2.57 $ 23.43 $ 70.29 1 CAN $ 37.83 $ 3.86 $ 2.57 $ 44.26 $ 132.79 2 CAN $ 56.44 $ 5.74 $ 2.57 $ 64.75 $ 194.26 3 CAN $ 74.94 $ 7.62 $ 2.57 $ 85.13 $ 255.40 4 CAN $ 93.54 $ 9.52 $ 2.57 $ 105.64 $ 316.91 5 CAN $ 28.44 $ 2.89 $ 2.57 $ 33.91 $ 101.72 45 GAL CAN $ 16.29 $ 1.65 $ 2.57 $ 20.51 $ 61.54 MINI CAN COUNTY #3 PARADISE-MAR EAST-CYPRESS HOLLOW BASE GRN CAN RECYCLE MONTHL Y aT # OF CANS $ 23.33 $ 2.37 $ 2.57 $ 28.28 $ 84.83 1 CAN $ 37.83 $ 3.86 $ 2.57 $ 44.26 $ 132.79 2 CAN $ 56.44 $ 5.74 $ 2.57 $ 64.75 $ 194.26 3 CAN $ 74.94 $ 7.62 $ 2.57 $ 85.13 $ 255.40 4 CAN $ 93.54 $ 9.52 $ 2.57 $ 105.64 $ 316.91 5 CAN $ 34.97 $ 3.56 $ 2.57 $ 41.10 $ 123.29 45 GAL CAN $ 20.67 $ 2.11 $ 2.57 $ 25.35 $ 76.04 MINI CAN COU NTY #4 MILL VALLEYCOUNTY BASE GRN CAN RECYCLE MONTHL Y aT # OF CANS $ 24.45 $ 2.50 $ 2.57 $ 29.53 $ 88.58 1 CAN $ 39.30 $ 4.00 $ 2.57 $ 45.87 $ 137.61 2 CAN $ 54.91 $ 5.60 $ 2.57 $ 63.07 $ 189.22 3 CAN $ 70.13 $ 7.14 $ 2.57 $ 79.85 $ 239.55 4 CAN $ 85.74 $ 8.73 $ 2.57 $ 97.04 $ 291.12 5 CAN $ 36.73 $ 3.74 $ 2.57 $ 43.04 $ 129.11 45 GAL CAN $ 22.05 $ 2.24 $ 2.57 $ 26.86 $ 80.57 MINI CAN Multiple Unit Residential* All areas charged a minimum of one 32-gallon can per unit at the same rates applicable to single-family residential customers. 45-gallon cans or additional cans charged at the applicable residential rate. Multiple weekly pick-ups charged as a multiple of the applicable once-per-week rate. A 10% discount will be applied if all units are paid by the property owner. 'If 1- or 2-yard containers supplied by MVRS are used, rental rates apply. Collections from containers are charged at the 32-gal. can rate based on 7 cans per 1-yard container or 14 cans per 2-yard container, less 10% if all units are paid by the owner. COUNTY 1-4 CONTAINER RATES 1 YARD CONTAINER BASE GRN CAN RECYCLE MONTHLY RENTAL # PICK UPS $ 75.97 $ 7.73 $ 11 .44 $ 95.14 $ 16.67 1 PICK UP $ 151.94 $ 15.46 $ 22.89 $ 190.29 $ 16.67 2 PICK UP $ 227.89 $ 23.20 $ 34.35 $ 285.44 $ 16.67 3 PICK UP $ 303.85 $ 30.93 $ 45.80 $ 380.58 $ 16.67 4 PICK UP $ 379.79 $ 38.68 $ 57.25 $ 475.72 $ 16.67 5 PICK UP $ 455.77 $ 46.39 $ 68.68 $ 570.85 $ 16.67 6 PICK UP 2 YARD CONTAINER BASE GRN CAN RECYCLE MONTHLY RENTAL # PICK UPS $ 140.54 $ 14.30 $ 21.18 $ 176.02 $ 33.33 1 PICK UP $ 279.90 $ 28.50 $ 43.59 $ 351.98 $ 33.33 2 PICK UP $ 421.60 $ 42.91 $ 63.52 $ 528.03 $ 33.33 3 PICK UP $ 562.08 $ 57.22 $ 84.73 $ 704.03 $ 33.33 4 PICK UP $ 702.63 $ 71.52 $ 105.90 $ 880.06 $ 33.33 5 PICK UP $ 837.11 $ 96.82 $ 127.06 $ 1,060.99 $ 33.33 6 PICK UP 55 GRN CAN IS $4.96 MONTHLY FOR 1 CAN Multiple Unit Residential* All areas charged a minimum of one 32-gallon can per unit at the same rates applicable to single-family residential customers. 45-gallon cans or additional cans charged at the applicable residential rate. Multiple weekly pick-ups charged as a multiple of the applicable once-per-week rate. A 10% discount will be applied if all units are paid by the property owner. */f 1- or 2-yard containers supplied by MVRS are used, rental rates apply. Collections from containers are charged at the 32-gal. can rate based on 7 cans per 1-yard container or 14 cans per 2-yard container, less 10% if all units are paid by the owner. PER YARD CHARGE 56 CUBIC YARD COMMERCIAL TRASH 1 YARD CONTAINER BASE GRN CAN $ All areas charged a minimum of one 32-gallon can per unit. Additional cans charged at the applicable rate. Multiple weekly pick-ups charged as a multiple of the applicable once-per-week rate. A 10% discount will be applied if all units are paid by the property owner. */f 1- or 2-yard containers supplied by MVRS are used, rental rates apply. Collections from containers are charged at the 32-gal. can rate based on 7 cans per 1-yard container or 14 cans per 2-yard container, less 10% if all units are paid by the owner. 57 STRAWBERRY EFFECTIVE 7/1/07 INCREASE 3.20% PER YARD 1 Y ARD CONTAINERS BASE GR. CAN 2 Y ARD CONTAINERS BASE GR. CAN STRA WBERRY APARTMENTS RA TES ( including recycling) 1 PICKUP WEEKLY PER UNIT 2 PICKUPS WEEKLY PER UNIT 3 PICKUPS WEEKLY PER UNIT $ 22.16 $ 41.33 $ 60.47 58 59 MILL VALLEY REFUSE SERVICE, INC. DEBRIS BOX RATES Effective 7/1/07 Increase 3.200/0 MV BELV CM TIB ALM / ALTO MVCO STRAW TV/HOME/CO PERMIT PERMIT CM PERMIT PERMIT Debris Box Rec cle Fees* MV 40 YO $250.86 $258.78 $247.84 $279.36 * Due to additional dump fee at Marin Resource Recovery Center 4YD 54" LONG 74.5" WIDE 51" HIGH 40YD 22FT LONG 8FT WIDE 82" HIGH 10YD 12FT LONG 5YD 12FT LONG 5FT WIDE 5FT WIDE 5FT HIGH DIRT OR 30" HIGH ROCK ONLY 20YD 16FT LONG 10YD DIRT 14FT LONG 8FT WIDE 8FT WIDE 54" HIGH DIRT OR 3FT HIGH ROCK ONLY Overweight= $1 DO/TON 60 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 20, 2007 Agenda Item: /-113 STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Community Development Department Department of Public Works Town Attorney's Office 280 Roundhill Road; Recommendation to Deny Appeal of the Denial of an Encroachment Permit Requesting the Installation of a Solar Panel Array on a Town-held Open Space Easement /::~-~.. ~ ~ PROJECT DATA OWNER: ADDRESS: ASSESSOR PARCEL NUMBER: FILE NUMBER: ZONING: GENERAL PLAN: FLOOD ZONE: Alexander & Yami Anolik 280 Roundhill Road 039-171-20 EP No. 2007-50 Open Space Open Space C BACKGROUND On May 4, 2007, the Director of Public Works denied an encroachment permit application filed by Alexander Anolik requesting permission to install a solar panel array on a portion of his property at 280 Roundhill Road, over which the Town holds an op~n space easement. Mr. Anolik subsequently filed a timely appeal of this decision. CHRONOLOGY February 2002: February 2007: The Town accepts a grant of open space easement (Exhibit 1) over a portion of Planned Development #27 as part of the project approval process for a two-lot subdivision on 4.66 acres of land. The Town had required the grant as conditions on both the Precise Development Plan and Tentative Subdivision Map approvals from 2000 and 2001 respectively. The appellant attempts to file a building permit application to install a solar panel array on a Town-held open space easement (Exhibit 2). Town Council Meeting June 20, 2007 March 2007: The Town sends letter (Exhibit 3) refusing to issue the building permit on the grounds that it conflicts with the terms of the grant of open space easement. Staff noted in its letter that the grant of easement does allow an encroachment permit application process for limited purposes; staff also noted that it considered an attempt to secure an encroachment permit for this solar panel array to be futile. April 2007: The appellant files an encroachment permit application with the Town (Exhibit 4). May 2007: The Director of Public Works denies the encroachment permit application (Exhibit 5). May 2007: The appeal is filed (Exhibit 6). PROJECT DESCRIPTION The approximately 66- foot long by 29- foot wide proposed solar panel array would consist of 120 high efficiency multi-crystal photovoltaic modules ground-mounted at an angle of 22.5 degrees for optimal sun exposure. At its highest point, the array would be approximately six feet above grade and would be anchored with concrete footings. While a small portion of the array would appear to be located on property outside the open space easement, approximately 55 feet of its length would be located inside the easement, resulting in a coverage of nearly 1,600 square feet within the open space easement. This larger portion is the subject of the denied encroachment permit and the subsequent appeal. ANAL YSIS The applicant sets forth several grounds for the appeal, each of which is summarized and addressed below. Please refer to the appeal form and letter (Exhibit 6) for full particulars. Ground #1. The California Solar Rights Act pre-empts the Town from prohibiting solar panels on appellant's property. Response: Staff does not dispute the existence of the Solar Rights Act. However, the Act does not appear to apply where the applicant lacks the property rights necessary to construct the subject improvements, as is the case here. By granting the Town an open space easement, to mitigate his 2001 project's biological impacts, Appellant voluntarily relinquished the property rights to construct upon or use the property in a manner inconsistent with the purpose of the easement, which is to "preserve the area in its natural, scenic and open space condition due to the presence of fragile serpentine bunchgrass and native bunchgrasses and for the preservation of the open space character of the area". If the applicant constructs the solar panels, the mitigation will be partially undone, resulting in impacts to natural resources; there would be no efficacious mitigation for this impact if the Town allows open space easements to be disregarded as proposed. Specific provisions of the easement prohibit "buildings, structures, or other improvements". Accordingly, construction T ,--lWN \...'F TIBlTRON Page 2 of 4 Town Council Meet i ng June 20,2007 of the panels would violate the terms of the easement and, by extension, the statutory scheme authorizing such easements, found at Sections 815-816 of the California Government Code. Lastly, the Council should note that Appellant's property includes sufficient unrestricted land to accommodate the solar panels, although not necessarily in a single 1,900 square foot array. Accordingly, denial of the application is fully consistent with the Act and with the Town's own support for solar energy. Ground #2. The Town is engaging in unconstitutional practices in that it failed to use eminent domain to secure the open space easement. Response: Mr. Anolik agreed to grant the open space easement as a condition of his 2001 project permit, as he admits in his appeal, and he has availed himself of that permit by building his project without filing a timely challenge to the open space condition. The Town accordingly accepted the easement in 2002. The time for the Appellant to object to the condition has long since passed. Ground #3. The Town has received free land and ridge1ine open space; denial of land usage is error and an abuse of discretion. Response: See responses # 1 and #2. Ground #4. a) Applicants had three lots on Gilmartin Drive and the Town allowed only two houses and a small cabana. b) The easement is "shared". c) The Town should pay compensation for an unlawful taking. Response: a) The property in question was never comprised of three lots. A tentative subdivision map for Planned Development #27 (filed by a prior owner) was approved by the Town for three lots in the 1980's. That approval expired before proceeding to the parcel map phase. The appellant acquired the property as a single holding of land. b) The easement is not "shared;" the Town is the sole holder. c) See response #2. The U.S. Supreme Court case of Loreto v. Teleprompter Manhattan turned on the government agency permanently placing its facilities on private land without permission; that is not the case here. Ground #5. Town Staffs recommendation that the solar panel array be placed elsewhere on the appellant's property [i.e. outside the open space easement] is in error. Response: Staff disagrees for the reasons stated in response #1. Ground #6. a) The easement does not allow public access. b) The solar panels would be difficult to see. c) Again, the Loretto case forbids the government from physically occupying or invading private property, including an easement without compensating the owner. Response: a) The Easement does not allow public access, but is for preservation of the natural, scenic and open space character of the area. Placement of the solar panel array would be directly contrary to the stated purposes of the easement. b) The TO\X7N or TlBllRl.'N Page 3 of 4 Town Council }vleeting June 20, 2007 solar panels would be visible from numerous off-site locations including neighboring properties. C) Denial of the requested permit is not an invasion or physical occupation of the property, but is necessary to achieve the environmental mitigation that motivated the easement requirement in 2001. The Loretto case does not help appellant here, because he is the party seeking to encroach on the easement. Ground #7. The open space easement was void from the start and the Town is in error to enforce its limitations. Response: See responses #1 and #2. Ground #8. The Town has abused its discretion in not allowing appellant usage of its portion of the easement; the Town should share its easement with the appellant in order to allow the solar panels. Response: See responses #1, #2, and #4(b). CONCLUSION The grant of easement clearly prohibits the type of improvement proposed on the legitimate basis that such improvement would be contrary to the preservation of the natural, scenic and open space character of the area. Granting of the encroachment permit would create a troubling precedent for the future of open space lands and easements held by the Town for the benefit of the general public. Staff also notes that the area in question is designated as Open Space in both the Tiburon General Plan and the Tiburon Zoning Ordinance. Approval of the solar array would be in conflict with these designations. RECOMMENDA TION Staff recommends that the Town Council: 1. Conduct a hearing in accordance with adopted appeal procedures 2. Indicate its intent to deny the appeal 3. Direct Staff to return with a Resolution denying the appeal Exhibits: 1. Grant of Open Space Easement and Acceptance 2. Building permit application 3. Letter of March 12, 2007 rejecting building permit application 4. Encroachment permit application supporting materials 5. Letter of May 4,2007 denying encroachment permit 6. Notice of Appeal filed May 14, 2007 7. Letter of May 16,2007 setting appeal hearing date Prepared By: Scott Anderson, Director of Community Development Nicholas Nguyen, Director of Public Works Ann Danforth, Town Attorney TO\Y'N OF TIBURON Page 4 of 4 If) ~ rv.t~1 ~ 1111111111111111111111111111111111 . 2002-00'12873 . Recorded I REC FEE .00 Official Records I County Of I MarIn I JOAN C. THAYER I Recorder I I I FS 02:33PflI 19-Feb-2002 I Page 1 of 10 AP #39-171-05 (PORTION) fF'li',,;~n' ,',lL" ~' @.,..,-.....rf="',,=,.','.'1 ;". r, . , '," inl!if> "./ , ' \U4Jr"- " I. '_ _~ y ~ Recording Requested, Return to: TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 ATTN: SCOTT ANDERSON DOCUMENT TITLE GRANT OF OPEN SPACE EASEMENT & RESOLUTION OF ACCEPTANCE A 1-rt-\C H ~j) ~ EXHIBIT I FILING REQUESTED BY: Alexander Anolik, Esq. 2107 Van Ness Avenue, Suite 200 San Francisco, California 94109 AND WHEN FILED RETURN TO: Alexander Anolik, Esq. 2107 Van Ness Avenue, Suite 200 San Francisco, California 94109 GRANT OF OPEN SPACE EASEMENT This GRANT OF OPEN SPACE EASEMENT ("Easement") is made this~day of July, 2001, by Alexander and Binyamina Anolik on behalf of the Anolik Family Partnership, a California Limited Partnership ("Grantor"). RECIT ALS A. Grantor owns certain real property situated in the Coupty of Marin, State of California, more particularly described in attached Exhibit" A" (" Property"). See Attachment "A". B. Grantor desires to grant to the Town of Tiburon ("Grantee"), an open space easement on, upon, over, across and under that portion of the Property described in the attached Exhibit "B". Said Open Space Easement is also shown on Exhibit "c" attached for graphical information purposes only. C. The purpose of the Open Space Easement is to preserve the area in its natural, scenic and open space condition due to the presence of fragile serpentine and native bunchgrasses and for the preservation of the open space character of the area. NOW, THEREFORE, Grantor hereby grants to Grantee a permanent open space easement over all that property described in attached Exhibits "B" and "C", subject to the following conditions and restrictions: 1. Use Restrictions. All use of the Open Space Easement shall be compatible with the preservation of the Open Space Easement in its natural, scenic and open space condition. No use of the Open Space Easement shall be made that would impair or interfere with the natural, scenic, open space and other environmental values of the Open Space Easement. No buildings, structures, or other improvements shall be constructed on, no natural resources shall be extracted from, and no activities shall be conducted in, the Open Space Easement that would alter, diminish, damage, or destroy any physical or scenic characteristic of the Open Space Easement. No planting of trees or other vegetation is permitted. No cutting of vegetation is permitted without prior approval of an encroachment permit by the Town of Tiburon, except the cutting back of grasses or other vegetation as may be required by the Fire District. Said fire-preventive cutting shall not occur prior to June 15 of any year, and shall be done in such manner that the root systems of the dormant grasses are not damaged. There shall be no dumping or accumulation of trash. green waste, garbage or other offensive material in the Open Space Easement. The Open Space Easement area is not intended to be disturbed and will be required to be enclosed with temporary protective fencing prior to any construction. 2. No Public Access. The granting of this Easement and its acceptance by Grantee does not authorize and is not to be construed as authorizing members of the public to enter upon or to use the Open Space Easement in any manner whatsoever without the consent of the owners of the Property. This provision shall not prevent Grantor, or his successors or assigns, at any time in the future, from dedicating or granting public access over the Open Space Easement. 3. Access by Grantee. The Grantee, its successors or assigns, shall have the right, from time to time, during business hours on business days and after giving reasonable prior written notice to the owners of the Property, to enter the Open Space Easement and to inspect the Open Space Easement for the purpose of determining compliance with the terms and conditions of this Grant of Easement. 4. Non-liability. The Grantee, its successors or assigns, shall have no responsibility or liability of any kind whatsoever in connection with the use or maintenance of the Open Space Easement or any part thereof. All responsibility and liability for the Open Space shall remain with Grantor and its successors' in interest. Except in the event of injury or death of any person utilizing the easement for which injury or death liability is sought to be imposed on either party hereto, Grantor shall not be liable for the consequences of acts or omissions which are directly attributable to Grantee or its officers, agents, employees or contractors. 5. Enforceable Restrictions. This Easement and each and every term, condition and restriction is intended for the benefit of the public. and constitutes an enforceable restriction pursuant to the provisions of Section 8 of Article XIII of the California Constitution. This Easement shall bind Grantor and his successors or assigns and is intended to run with the land. 6. Unenforceable Restriction. If any provision of this Easement or the covenants and restrictions contained herein shall be held to be unenforceable by a court of competent jurisdiction, this instrument shall be construed as if such provision had not been included herein. If any provision hereof is ambiguous or shall be subject to two or more interpretations, one or more of which would render such provision invalid or inconsistent with the open space purposes of this Easement, then such provision shall be given the interpretation that would render it valid and would be consistent with the open space purposes of this easement. 7. Exhibits. This Easement includes the following Exhibits that are attached hereto and incorporated herein by reference: Exhibit A: Exhibit B: Exhibit C: Legal Description of the Property Legal Description of the Easement Diagram of the Easement IN WITNESS WHEREOF, Grantor has executed this instrument the day and year first written above. Grantor: By: Anolik Family Partnership, a California Limited Partnership / / / //1 / / I :2 STATE OF CALIFORNIA ) ) SS. ) COUNTY OF SAN FRANCISCO ) On July A!L, 2001, before lne, the undersigned, a Notary Public in and for said State, personally appeared ALEXANDER ANOLIK, personally known to~ or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrun1ent and acknowledged that he executed the same, in his or her autho~ized capaci ty. Witness my hand and official seal. ~~ ei r Q ",kJJ:jJ..-e:1~. ~ ~ ~~ Notary Public :A/ By: ~r~ Binyamina Anoli ST ATE OF CALIFORNIA ) ) ) COUNTY OF SAN FRANCISCO ) SS. r ~ ~ ~ LEONID NAKHODKIN "t .... @..~. Commission _1248786 c ~ . ,,; Notary Public · California ~ ::> ' San Francisco County 1 J ~ ~ ~ ~ ~ ~y _c~~~, ~X~i~~:F:~. ~ ~O~4~ On July ~ ~, 2001, before n1e, the undersigned, a Notary PEblic in and for said State, personally appeared ALEXANDER ANOLIIZ, personally known to ~ (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instnllnent and acknowledged that he executed the same, in his authorized capacity. Witness my hand and official seal. t OOIl..kfJ Ii'()...UsnJ~(}jJ Notary Public //{/ Grantee: · ~S:.7l1d,..s Harry S. Matthews, Mayor Town of Tiburon I~@' ~- . LEONID NAKHODKIN f rn: I . Commission N1248786 c ~ ,- .. Netary PUblic. California (J) . San Francisco County ~ My Comm. Expires Feb. 1,2004 Approved as roForm: ~~/~ AIm R. Danforth Attorney for Town of Tiburon G:\IOIOO-IOIl)l)IIOI~3-VIST^ GOLDEN (,ATE ESTATESI070501 . upel1 space easclllcm gram i'orl11.1Juc 3 ALL-PURPOSE ACKNOWLEDGEMENT ---- x ) ~ ~ ( State of Califon1ia ~A ~ (AJ On j;...eJr)(t) ~ J' J~efore me, personally appear~~r. { tis f. g 'I D County of gf personally known to me - OR - ( ( I ~@. DIANE CRANE IACOPI ~ - · Comm. # 1286660 U). .. NOT ARY PUBlIC.CAlIFORNIA lj) ~, Marin County : 1" My Camm. Expires Dec. 8, 2004 T I ~ ) -- -- x }ss D14N'€ CM))€- t', A1.4 7fHEWS SIGNERISI :rACofJ~ proved to me on the basis of satisfactory evidence to be th~ person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WIT~ official seal. I '0,,"' ,~ OPTIONAL INFORMATION The information below is not required by law. However. it could prevent fraudulent attachment of this acknowl- edgement to an unauthorized document. I I CAPACITY CLAIMED BY SIGNER (PRINCIPAL) D INDIVIDUAL ~ CORPORATE OFFICER /1114 TX'E~ I{ I ~ D PARTNER(S) D ATTORNEY-iN-FACT D TRUSTEE(S) D GUARDIAN/CONSERVATOR D OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY( IES) -r~tJIJ ~ ~ 11 t'Svl!ut1) DESCRIPTION OF ATTACHED DOCUMENT I I I ~ ~ I )< )( )( )( )( )( )( )( (; !fAN, ~ f 0 fM r-fJAce ~~ ~r TITLE OR TYPE OF DOCUMENT .J- T &~.4-, Ii (! NUMBER OF PAGES I DATE OF DOCUMENT OTHER RIGHT THUMBPRINT OF SIGNER CIJ Q; .c C ~ .0 '" '5 E '0 c. .2 APA 5/99 VALLEY-SIERRA. ROO-362-3369 -- EXHIBIT "A" DESCRIPTION All that certain real property located in the Town ofTiburo~ County of Marin, State of California described as follows: Parcel One: Lot 8 as shown upon that certain map entitled "Map of Smithridge Estates" filed for record December 19, 1963 in Volume 12 of Maps, at Page 49 Marin County Records. Parcel Two: Parcel "C" as shown upon that certain map entitled" Parcel Map Lands of Flanagan in the City of Tiburon, Marin County California", filed for record September 18, 1972 in Volume 7 of Parcel Maps at Page 78, Marin County Records. Parcel Three: A portion of the property described in the Deed of Trust from the Equinox Group Inc., a California Corporation, to Alexander Anolik and.Binyamina Anolik recorded February 19, 1998 as D.N. 98-009884, said property also shown on that certain map entitled "Lands ofCahn" filed for record July 21,1981 in Book 17 of Surveys at Page 32, Marin County Records; . Beginning at the westerly comer of said property, and the comer common to Lots 10 and 11 as shown on said map; 1. Thence North 410 16' 32" East (North 420 37' 00" East deed) 118.44 feet; 2. Thence South 470 32' 55" East 241.80 feet; 3. Thence South 410 16' 35" West (North 420 37' DO" East deed) 121.82 feet; 4. Thence North 46044' 55" West (North 450 24' DO" West) 241.89 feet to the point of beginnin'g. EXHIBIT "B" OPEN SPACE AND CONSERVATION EASEMENT All that certain real property located in the Town of Tiburon, County of Marin, State of California described as follows: A portion of the property described in the Deed of Trust from the Equinox Group Inc.., a California Corporation, to Alexander Anolik and Binyamina Anolik Recorded February 19, 1998 as D.N. 98-009884, said property also shown on that certain map entitled "Lands of Cahn" filed for record July 21, 1981 in Book 17 of Surveys at Page 32, Marin County Records; Beginning at a point on the Southwesterly boundary line, that bears South 460 44' 55" East 137.00 feet from the Southeast comer of Lot 10 as shown upon that certain Map entitled "Map ofSmithridge Estates in the County of Marin, Calif" filed for record December 19, 1963 in Volume 12 of Maps, at Page 49, Marin County Records; 1. Thence leaving said Southwesterly boundary North260 29' 27" East 125.16 feet; 2. Thence South 470 32' 55" East 136.797 feet; 3. Thence South 410 16' 35" West (North 420 37' 00" East deed) 121.82 feet; 4. Thence along said Southwesterly boundary line North460 44' 55" West (North 450 24' 00" West) 104.89 feet to the point of beginning. EXHIBIT "e" LANDS OF SWEET D.N. 83-33682 LOT 29 LANDS OF ANOLIK D.N. 98-09884- 17 0.5. 32 LANDS OF NOWELL D.N. 96-33041 27 0.5. 39 ;..... m .. f'. f'. . mCO ""P") . ..- ~ ('oJ ~I [t) 10\ 'N. f'I') ~-o va CIlLli o or- LANDS OF CHASE LOT 28 11 R.M. 37 N CX) ~ LANDS OF MAHA81R lO D.N. 94-31827 LOT 13 N411S13SllE 121.821 1 OPEN SPACE EASEMENT ~ r--.. ..q: .. en mP") CX) + o ..- , '2.1"~ .;..- 5'2.6-29 ~ ___ ~5.'\6 }LI 10 LO .. ;,. Ov O. .CO """'v ncn ..- , I N41 1 6135"E 118.44f -' , LOT 8 LANDS OF THE ANOLIK FAMILY PARTNERSHIP P ARea .c'. O.N. 96-66824- 7 P.M. 78 LANDS OF ERB . D.N. 85-53992 LOT 12 o <( o 0::: --1 --1 :r: o z :::J o 0:: POINT OF BEGINNING LANDS OF SMARTT D.N. 90-11993 LOT 11 12 R.M. 49 LANDS OF BRONTE D.N. 9~33475 LOT 10 EXHIBIT OPEN SPACE EASEMENT l18URON MARIN COUNTY CAUF'tRflA SCALe1. - so' IRA" 1m A.ct DAm 5/22/01 LAWRENCE P. DOYLE SHEEr 1 CF 1 LAND SURVEYOR/CIVIL ENGINEER ' P.O. BOX 1609 MILL VALLEY CA 94942 415-388-9585 lItA..c NO. 7~B-01 RESOLUTION NO. 06-2002 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE ADJUSTMENT OF LOT LINES ON PARCELS OF LAND LOCATED AT 280 ROUND HILL ROAD AND 210 GILMARTIN DRIVE AND ALSO ACCEPTING A GRANT OF OPEN SPACE EASEMENT AND APPROVING AN AGREEMENT REGARDING BUNCHGRASS MITIGATION FEES (ANOLIK: PD#27) ASSESSOR PARCEL NUMBERS 39-203-01 & 39-171-05 RECITALS A Parcel Map proposing the adjustment of lot lines on two parcels of land has been submitted by the property owner, Anolik F~ily Partnership. The map adjusts the lot boundaries but does not result in the creation of additional lots. The submitted map has been examined by the Town Engineer and returned to the Town Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance. The Town Engineer and Planning Department Staff have determined that the map is in substantial conformance with an approved Precise Development Plan (Resolution No. 3439) and an approved Tentative Map (Resolution No. 2001-04) adopted on September 6~ 2000 and February 14,2001, respectively, and that all required conditions of approval have been met. A grant of open space easement (by separate instrument) has been offered to the Town in conjunction with the parcel map. An Agreement Regarding Bunchgrass Mitigation Fees (by separate instrument) has also been submitted in conjunction with the parcel map. APPROV AL NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does approve the map entitled "Lot Line Adjustment, Parcel Map, Lands of Anolik and Lands of Anolik Family Partnership" (3 sheets), prepared by Lawrence P. Doyle, dated 2/26/01, and does direct that said map be duly recorded with Marin County, together with a Declaration of Restrictions and a Release of Easement prepared under separate instrument. Tiburon Town Council Resolution .Vo. 06.;.2002 2/6/2002 BE IT FURTHER RESOLVED that the Town Council of the Town ofTiburon hereby accepts the Grant of Open Space Easement (to be recorded under separate instrument) and approves the Agreement Regarding Bunchgrass Mitigation Fees (to be recorded under separate instrument) and authorizes the Mayor to 'execute both docwnents. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on February 6, 2002, by the following vote: AYES: COUNCILMEMBERS: Fredericks, Gram, Matthews, Thompson NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Slavitz ~ 1!L~s HARRY MATTHEWS, MAYOR TOWN OF TIBURON ATTEST: H:wpdocslAnolik parcel map2002.res.doc Tiburon Town Council Resolution No. 06-2002 2/6/2002 2 .. "fit TmURON BUILDING PERMIT APPLICATION IS05 Tiburon Blvd. Tiburon CA 94920 Tel: 415\35-,380 Fax: 415-435-7395 ~ i ~ ~ C-' ~ ~ ~ ~ ~ = < ~ o z ~ ~ ~ r:Ll r:Ll ~ r:Ll ~ ~ i ~ ~ ~ ~ E-4 Z ~ ~ o ~ z ~ ~ ~ = ~ o z o ~ OWNER ADDRESS CITY PHONE DESIGNER/ARCHITECT ADDRESS CITY PHONE ENGINEER ADDRESS CITY pHONE LICENSE NO. CONTRACTOR ADDRESS CITY PHONE NAME OF APPLICANT PERMIT TYPE If4:LECfRlCAL 0 PLUMBING o CONSTRUCTION 0 MECHANICAL OTHER 6.\",.') PROJECT INFORMATION: STOP WORK ORDER? 0 YES 0 NO ARE YOU MAKING ANY EXTERIOR CHANGES? 0 YES 0 NO IF YES DO YOU HAVE PLANNING DEPT. APPROVAL? 0 YES 0 NO NEW BUILDING CONSTRUCTION? 0 YES 0 NO IF NOT, CLASS OF WORK BUILDING TYPE o ADDITION 0 SINGLE F AMIL Y DWELLING o REMODEL 0 ACCESSORY BUILDING o ALTERATION 0 ACCESSORY DWELLING o REPAIR 0 DUPLEX DWELLING o DEMOLITION 0 APARTMENT BUILDING o REPLACEMENT 0 COMMERCIAL BUILDING o UPGRADE TO CODE 0 CONDOMINIUM o CONVERSION HISTORIC BLDG.? 0 YES 0 NO o EXPANSION FLOOD ZONE "A"? 0 YES 0 NO o LEGALIZE WORK WITHOUT PERMIT STATE 1Z-O STATE FAX ZIP ZIP FAX FAX CHECK AND lOR CIRCLE ALL WHERE WORK DESCRIBED UNDER CLASS OF WORK WILL BE AFFECTED. o GATE / DRIVEWAY 0 ELECTRICAL o GARAGE / CARPORT / PARK'G PAD 0 SERVICE PANEL o ENTRY /FOYER o LIVING IF AMIL Y / DINING ROOM o KITCHEN o STUDY / MEDIA ROOM / OFFICE o BED ROOM o BATH / POWDER ROOM o LAUNDRY / STORAGE ROOM o CLOSET o FIRE PLACE o DOOR / WINDOW / SIDING o STAIRS o CRAWL SPACE / BASEMENT o ELEVATOR o ROOF / SKYLIGHT o DECK / TERRACE / PATIO o HANDRAILS / GUARDRAILS o TRELLIS / ARBOR o SUN ROOM o LANDSCAPE / GRADING o RETAINING WALL / FENCE o SWIMMING POOL / POOL HOUSE o SPA / HOT TUB o SEISMIC / FOUNDATION/ SHEAR WALL o OTHER o SUB PANEL ORE-WIRING o NEW CIRCUIT o UNDER GROUND SERVICE o OTHER o MECHANICAL o AlC SYSTEM o HEATING SYSTEM o FURNACE / BOILER o OTHER o PLUMBING o WATER HEATER\ADD FlXT. o GAS LINE o WATERLINE o SEPTIC TANK o SEW AGE EJECTOR o OTHER o DRAINAGE WORK o SUB DRAIN o FOUNDATION DRAIN o TIGHT LINE (RWL / AREA DRAINS) o OTHER o TENANT IMPROVEMENT o TELECOM EQUIPMENT o OTHER tsanghviH:\BP APPLICATION FORMS\BP APPLICATION9A IN USE.doc c;qlp REVISION TO ACTIVE PERMIT? 0 YES 0 NO IF YES, PRINT PERMIT NO: ~ ~ LiLfi-J<-. \ -(-~~J~~cJ _) SQ. FT. EXISTING CONDITIONED GARAGE/CARPORT DECK IMPERV. SURFACES NEW TOTAL OFFICE USE. ONLY DATE RECEIVED RECEIVED BUlLDINGFEES PLAN CHECK $ 2S57 RECEIPT#... fO~.rQ- Received by BUILDING PERMIT $ BUSINESS LICENSE $ PLAN STORAGE $ CASEISMIC TAX $ PLUMBING $ ELECTRICAL $ MECHANICAL $ GRADING $ ENCROACHMENT $ PENALTY $ OCCUPANCY $ STREET IMPACT $ . TRAFFIC MITIGAT; $ D/R COMPLIANCE $ GEN. PLAN. MANT. $ S.W. RUNOFF IMP. $ TOTAL' $ RECEIPT # Received by , Thank you FES 2 tJ Z007 ~L SUBMl1TED (WHEN REQUIRED) 2 COPIES STAMPED AND WET SIGNED OF: o SURVEYED PLOT PLAN o SITE PLAN o CONSTRUCTION DRAWINGS 0 SmUCTURAL CALCS. o SOILS REPORT 0 mLE 24 ENERGY CALCS. o 1 COPY OF FLOOR PLANS AND EXTERIOR ELEVATIONS FOR COUNTY. PLANS SENT TO o Outside plan check service Date . 0 Fire Marshal Date o Town Engineer Date o Marin County Assessor Date DRB COMPLIANCE VERIFIED BY DATE EXHIBIT >!""Alexander and Yami Anolik 280 Roundhill Road Tiburon, CA 94920-0531 RECEIVED FEB 2 0 2007 TOWN OF TIBURON BUILDING DIVISION February 19,2007 Tihuron Building Department 1505 Tiburon Boulevard Tiburon, CA 94920 Re: Application for Building Permit to Install Solar Panels on Parcel No. 039-171-24, Permit No.7 Our File #: 7450-S01ar Gentlemen: Attached please find a memorandun1 of law by our land use attonley regarding our application to install solar panels on the private open space area that we own adjacent to our 280 Roundhill residence. Weare the owners of the 280 Roundhill property the City has designated as private open space and we are still responsible for the taxes on this property. Because of the change in the State law that preempts City action contrary to State law, we are subnlitting the enclosed legal memorandmTI together with our application to install solar panels. When the City originally made Iny wife and I deed over almost $1 million worth of land as private open space adjacent to our property, it created a questionable situation, but we have lived with the proposal until being advised that the City had exceeded its authority with ~he taking of the use of our land. Due to the new solar energy laws and the change in the legal theories of preemption that basically state the City cannot take away our use of this land without just compensation, which is different from the Agins' case on the other side of our property, but is appropriate now because of the public policy of the State to have solar insulation, sinlilar to that which Tiburon has installed on its City Hall. We all agree that we nlUst use more solar power. The only question that remains is where to build panels, wind machines or water pov/er. We believe that Section 65850.5 preempts any action that the City Council might have taken with regards to not allowint~ LIS to com~trLlct on the parcel. Tiburon Building Department February 19, 2007 Page 2 We believe the issue of solar is extremely important to all of us, and we would appreciate you giving a copy of this memorandum to the Tiburon City Attorney to review prior to your decision on whether or not to permit the installation of our solar panels. We are enclosing an additional copy for her. Alexander and Yami Anolik AA:lf Encl.: (1) Memorandum of Law re Preemption (2) Building Permit Application (3) Sets of Plans cc: SPG Solar 863 East Francisco Blvd., Suite A San Rafael, CA 94901 nE. '~!""""\/!"""D. !r"i LrE:' b \i !::: ~ ;-rB ') {; ?OO" 'it.., k' U ,-I Le2al Question TOWN OF TIBURON The legal question is whether California's Solar Rights Act preempts (the "Act"~U!LDING DIVISION local planners and design review boards fro.m preventing solar energy system installations, and whether Mr. Alexander Anolik (" Anolik") has the right to install solar panels on his property to electrify his residence, even after he agreed not to do so in order to receive build permission. Analvsis Background- Solar rights Act The Act, which was adopted in 1978 and went into effect on January, 19792, encompasses a series of laws designed to protect consumer's rights to install and operate solar energy technology on their property. According to the original legislation, the purpose of the Act is to promote and encourage the widespread use of solar energy systems. Solar energy systems California Civil Code Section 801.5(a)(1) defines a solar energy system as "any solar collector or other solar energy device... or any structural design feature of a building whose primary purposes is to provide for the collection, storage and distribution of solar energy for space heating, space cooling, electric generation, or water heating." Anolik is planning to install solar panels to electrify his residence. Since solar panels are a solar energy device and since the sole purpose of this device is to electrify Anolik's residence, the solar panels are within the definition of solar energy system. Local government's ability to restrict solar installations California Government Code Section 65850.5 (2006) ("Section 65850.5"), California Civil Code Section 714 (2006) ("Section 714") and California Health and Safety Code Section 17959.1 ("Section 17959.1") limits the ability of local governments to restrict solar energy systems by requiring use of a non-discretionary permitting process. I The Solar Rights Act comprises the following California codes of law: California Civil Code Sections 714 and 714.1, California Civil Code section 801, California Civil Code Section 801.5, California Government Code Section 65850.5. California health and Safety Code Section 17959.1, California Government Code Section 66475.3 and California Government Code Section 66473.1. 2The Solar rights Act was amended twice in recent years: AS 1407 (Wolk) was signed into law on September 3,2003; and AS 2473 (Wolk) was signed into law on September 24,2004. Non-discretionary permitting of solar energy systems Section 65850.5 Section 65850.5(b)-Section 65850.5(g) to the Act3 establishes permitting standards for solar energy systems based on health and safety concerns, equipment certification and performance standards. Pursuant to these Sections, local governments cannot use a discretionary permitting process to review solar energy applications; instead they must use a ministerial or administrative process that is based on the following criteria: Section 65850.5(b) requires cities and counties to "administratively" approve applications to install solar systems by issuing a building permit or other non-discretionary permit. This Section requires that the review of solar energy applications must "... be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safetv." The law defines adverse impact as "a significant, quantifiable, direct, and avoidable impact based on objective, identified, and written public health or safety standards, policies...,,4 In order to prevent the installation, the city of Tiburon must review Anolik's application using objective standards such as pollution rate, radiation magnitude, hazardous structures, etc. Moreover, even.if the solar energy system does not completely comply with these standards and violates them, the violation must specifically and adversely impact upon the public health and safety. Section 65850.5( c) prohibits any city or county from denying an ". ..application for a use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact." . This section emphasizes the importance of extending the use of alternative sources of energy to the Legislature. The legislature will not allow discretionary decisions on this issue and requires Tiburon to submit written findings whenever the city decides not to approve Anolik's application. 3 Went into effect on January 2004 4 California Health & Safety Code Section 17591(e)(3) 2 Section 65850.5( e) provides that any conditions imposed on an application to install a solar energy system, shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. Based on the above, it is clear that the city of Tiburon must approve Anolik's application to install a solar energy system, unless such a system imposes an adverse impact on the public health and safety, where there is no alternative to mitigate such impact. Permittin2 standard- Section 17959.1 Section 17959.1 (a) provides that the: "A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. However, if the building official of the city or county has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, the city or county may require the applicant to apply for a use permit." This Section also was amended to show the intent of the Legislature to encourage the use of solar energy systems. Permittin2 standard- Section 714 The Act seeks to ensure that the processes to consider and approve solar energy system installations are fair to the applicant. California civil code Sections 714 (e) provides that: "Whenever approval is required for the installation or use of a solar energy system, the application for approval shall be processed and approved by the appropriate approving entity in the same manner as an application for approval of an architectural modification to the property, and shall not be willfully avoided or delayed." In our case, the city should process Anolik's application in the same manner any other applications are reviewed. Moreover, a local government is required to certify compliance with Section 714(h) prior to receiving state-sponsored solar energy incentives. Aesthetic considerations are not Dart of Health and Safety It is important to mention that the city of Tiburon cannot base the prohibition on its police power as part of Health and Safety. It is well known that the exercise of the police power to protect the health and welfare of the public and the environment is primarily and 3 historically a matter of local concern upon which the states traditionally have had great latitude (Medtronic, Inc. v. Lohr, supra, 518 U.S. at p. 475 [135 L. Ed. 2d at p. 709]; Huron Portland Cementa Co. v. Detroit (1960) 362 U.S. 440, 442 [4 L. Ed. 2d 852, 855, 80 S. Ct. 813]; The people v. Union Pacific railroad company et al. 141 Cal. App. 4th 1228; 47 Cal. Rptr. 3d 92; 2006 Cal.) However, as mentioned above it is clear that the legislature purposely mentioned in the Act that a valid basis for legislation or administrative decisions on solar energy systems of the Public Health and Safety. If the legislature intent was that local governments can use it's police power it would have mentioned public health, safety, morals, or general welfare. On this point, it is well settled that the state may legitimately exercise its police power to advance aesthetic values. However court specifically mentioned that these values fall within the public welfare component and not under public health or safety. Court ruled that: "The state may legitimately exercise its police powers to advance aesthetic values. .. The concept of the public welfare is broad and inclusive. The values it represented are spiritual as well as physical, aesthetic as well as monetary". (City Council v. Taxpayers for Vincent (1984) 466 U.S. 789, 805 [104 S. Ct. 2118, 2129, 80 L. Ed. 2d. 772]; Gilbert Kucera ET AL V. Tiberio Lizza (1997) 59 Cal. App. 4th 1141; 69 Cal. Rptr. 2d 582). Therefore, the city Tiburon cannot argue that the decision was based on its police power including aesthetic considerations because by the aforementioned health and safety, the Legislature limited the review to these tow specific elements. Solar energy as a statewide affair- Section 65850.5(a) When this section was amended in 2004, the Legislature chose to surely intend that the local government will take any possible effort to encourage the installation of solar energy systems. Therefore it is clear that the new Section 65850.5 is broader then the old one and applies not only to ordinances. Discussion of the prior version of Section 65850.5 The previous version of Section 65850.5 stated that: 4 "The legislative body of any city or county shall not enact an ordinance which has the effect of prohibiting or of restricting the use of solar energy system other then for the preservation or protection of the public health or safety. . . " In ARNOLD LARSEN V. TOWN OF CORTE MADERA (March 25 1996), Arnold filed an action against Town of Corte Madera for not granting him permission to build an addition to his house that would raise the height of the roof to 22 feet. He argued that Section 65850.5 requires the Town of Corte Madera to allow him to make the requested modification to his home. Court held that Section 65850.5 applies only to ordinances passed by a local legislative body and does not apply to specific land use decisions made by a local government in its non-legislative capacities. Court held that the statute specifically refers to "the legislative body" of a local government and not to "the administrative body", and that using the term "ordinances" twice in the statute limits the scope of Section 65850.5 to actions of the legislative branch. The court also stated that it is mindful that Section 65850.5 states that "it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto." However, such language does not function to broaden the scope of the statute beyond its clear terms. The courts would probably reach a different conclusion in light of the amended Section. Anolik case with the Amended section The amended Section 65850.55 states: "The implementation of consistent statewide standards to achieve the timely and cost effective installation of solar energy systems is not a municipal affair as that term is used in... but instead a matter of statewide concern". "...It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems. . . " ". . . It is the intent of the Legislator that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems. " 5 was signed into law on September 3, 2004 5 When amending the Section, the legislature chose to discourage local goven1ment from placing barriers on solar installations by ordinance [only aesthetic so it's discretionary]; furthermore, encouraging local governments to promote solar energy in general and encouragIng local governments to remove barriers to the installment of solar energy systems. The Legislature specifically mentioned that local agencies must comply not only with the language of the section regarding ordinances, but also with the legislative intent to encourage the installation of solar energy systems. According to the aforementioned, the city will have to review Anolik's application to install solar panels while taking into account the spirit of the amended Section by using non-discretionary factors. The Court will probably arrive to a different decision then the one it took in ARNOLD LARSEN regarding the state policy to promote and encourage the use of solar energy systems. Therefore, it is clear the new language of the law does function to broaden the scope of the statute by mentioning the intent of the legislature. Conclusion It is clear that California's solar market will grow significantly in the near future as a resulted of expended financial incentives for solar energy systems. As more homes install solar energy systems and local governments pursue renewable energy solutions, the provisions of this Act will likely have more relevance and importance. Therefore it is clear that Anolik is entitled to install a solar energy system on his property and the city of Tiburon has a duty to encourage him to do so. As part of the interests of local governments to encourage renewable energy solutions, this application should be approved. 6 Town ofTiburon · 1505 Tiburon Boulevard. Tiburon, CA 94920. P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us Office of Planning Division/(4l5) 435-7393 March 12, 2007 Alexander Anolik 280 Round Hill Road Tiburon, CA 94920 Dear Mr Anolik: I am writing in response to your Building Permit application received on February 20, 2007 requesting permission to install ground-mounted solar panels on a portion of your property located at 280 Round Hill Road. The Town of Tiburon will not issue a building permit for construction or installation of any improvements at the location requested. Asyou are aware, on February 19, 2002 a Grant of Open Space Easement was recorded against this portion of your property, granting an open space easement to the Town of Tiburon. This easement includes the following language: . liThe purpose of the Open Space Easement is to preserve the area in its natural, scenic and open space condition due to the presence of fragile serpentine and native bunchgrasses and for the preservation of the open space character of the area." . IIUse Restrictions. All use of the Open Space Easement shall be compatible with the preservation of the Open Space Easement in its natural, scenic and open space condition. No use of the Open Space Easement shall be made that would impair or interfere with the natural, scenic, open space and other environmental values of the Open Space Easement." . IINo buildings, structures, or other improvements shall be constructed on, no natural resources shall be extracted from, and no activities shall be conducted in, the Open Space Easement that would alter, diminish, damage, or destroy any physical or scenic characteristic of the Open Space Easement." Installation of ground-mounted solar panels on the area controlled by the open space easement would be clearly inconsistent with the restrictions contained in the Grant of Open Space Easement. By granting this easement to the Town or Tiburon, you have voluntarily relinquished to the Town the ability to use this land in any manner inconsistent with the restrictions contained within the grant of easement. For that reason, the California Solar Rights Act that you reference in your letter simply does not apply here. You may apply for an Encroachment Permit with the Town's Department of Public Works to allow installation. of the solar panels within the open space easement. However, given the history and environmental sensitivity of the site, Staff considers it highly unlikely that the Town would grant such a permit and would consider the effort futile. 280 Round Hill Road March 12,2007 Page 2 of 2 Please call me at (415) 435-7393 if you have any questions regarding this letter. Sincerely, ~~.J Daniel M. Watrous Planning Manager Attachment: Grant of Open Space Easement, recorded February 19, 2002 c: Scott Anderson, Director of Community Development Ann Danforth, Town Attorney Nicholas Nguyen, Director of Public Works Payment Amt: .:z.a- $" "V 0 f'i Check No: :;.3 7 ~ / T' / o Cash FOR OFFICE USE ONLY EP: ~o~ Encroachment Permit No: Date Received: IfjtJtJ7 Plan Attached: O-Y:s ENCROACHMENT PERMIT APPLICATION Town of Tiburon · 1505 Tiburon Boulevard · Tiburon. CA 94920. (415) 435-7354 DIRECTOR nF PI JAlIC WORKS TOWN OF TIBUR N o No Notes: o Inspection Required. Contact Tony Iacopi, Deputy Director of Public Works, at 435-7399. o Additional Conditions Apply - See Attached List. CONDITIONS OF APPROVAL: .. ~ -y~~ Approved by Tony Iacopi, Deputy Director of Public Works Approval Date APPLICATION INFORMA nON Basic applications (e.g., driveway resurfacing or routine utility connections) are reviewed by the Deputy Director of Public Works and usually granted within 5 to 7 business days. The basic Encroachment Application fee is $85 with a $150 Inspection Fee (for 1 inspection). Applications for more involved projects are reviewed by the Town Engineer and there may be an additional fee charged. After the encroachment application has been reviewed and granted by either the Deputy Director of Public Works or the Town Engineer, the applicant will be notified to pick up a copy of the approved application which serves as the permit. When the project is completed, a final'inspection may be performed by the Deputy Director of Public Works and/or Town Engineer. Ot ~D RotJ~J II,'/(' 8:- G/ (~+~^ Location of Work & Nearest Cross Street A /e)( c.,d./.r' ~ '1" ~; A lit) I.' k Name of Property Owner Description of Proposed Work -Attach drawings to illustrate. For driveways, specify type of surfacing and size of culvert, if applicable. . 20 oCf!rt'A.. 5't:> 4,(' 2";Z.5 ('~ht bi4V hale ;It.verfer5 f\l .s-vbf""t 1 " Estimated Start Date:' s 50.,. Cl~ .e.~ 1~~),~ Estimated Completion Date: Sf 6 Sl>fG..~ Name of Contractor Cc.l 1 ~ l1 08" . Lic~se Nj' 'ItS"' 'I~- '1~DI (Ar Code) Phone-Number The undersigned hereby applies for permission to perform the above described workand/or otherwise encroach on Town of Tiburon right-of-way or property p~rsuant to any required building permits. Applicant agrees that all work shall be performed in accordance with the rules, regulations and standards of the Town of Tiburon, in addition to the General Provisions or Special Conditions as applicable. All work shall be subject to inspection and approval ,by the Public Works Department. Applicant agrees to indemnify, defend and hold the Town of Tiburon, and its employees, agents, and officials, harmless from any claims, losses or damages that may arise from Applicant's exercise of this encroachment permit and any other permit granted by the Town/; I? 0 ~ Applicant's Signature: ~ ~ Date: '1~b-:I:IBIT J..f- A lexQ t1( rf~ r k i ~14A : Name of Applicant . . ( ,,(;:) L/3~ - ~'1o 'I '(Area Code) Phone Number At4DlIk , ENCROACHMENT PERMIT APPLICATION INSTRUCTIONS AND FEES An encroachmeI}t permit must be obtained from the Department of Public Works for any work performed within Town streets, public right-of-ways, or Town-owned land; or for any work that may affect these areas. Examples of minor work requiring an encroachment permit are: · Debris Box (special fee may apply - see No.5 below) · Driveway approach · Street and drainage improvements · Repair and maintenance of utility services · Minor tree trimming or thinning · Sidewalk repair or installation · Traffic control or lane closures, e.g. work or events requiring temporary closure or diversion of traffic lanes. (Closures also require an encroachment permit application from the Police). The following items must be submitted prior to the issuance of an encroachment permit: 1. A completed encroachment permit application, including a description of the proposed work, start and finish dates, and contractor's name and phone number, must be filed in person at Town Hall. 2. A site plan or other diagram illustrating general location and scope of the work. 3. Payment of an $85.00 application processing fee (cash or check only). The Deputy Director of Public Works will determine whether the proposed work is considered to be a minor or major improvement. In accordance with the current Engineering Fee Schedule Exhibit A, the applicant may be required to submit-additional fees if the work is determined to be a major improvement and involves review by the Town Engineer. · Minor Improvement or Application Associated with a Building Permit.......$235.00 · Major Improvements.......3% of Value of Right-of-Way Improvements ($300.00 min) 4. Additional application fees for major improvements will be due at the time of pick-up. The applicant may not begin work until these fees have been paid. 5. Debris Box Application Fee is $85 with a $75 Inspection Fee. Inspection Fees associated with. Building Permits may be waived. Routine applications are reviewed by the Deputy Director of Public Works and are usually granted within 5 to 7 business days. Applications for more involved projects are reviewed by the Town Engineer and may require additional time to proces~. Once the application has been reviewed and granted, the applicant will be notified to pick up a copy of the approved application which serves as the permit. The applicant must comply with all special notes, general conditions, and/or special provisions applicable to their project. A Final Inspection will usually be performed by the Department of Public Works upon completion of the project. A phone call is required to the Deputy Director for niinorprojects (or to the Town Engineer if involved for major work). ALL PERMITS ARE VALID FOR EXACTLY ONE YEAR FROM THE DATE OF ISSUANCE 3/15/07 ALEXANDER AlVOLIIi SAN FRANCISCO OFFICE 2107 Van Ness Ave., Suite 200 San Francisco, CA 94109-2572 a Refer to the above main office A Professional Law Corporation * ALEXANDER ANOLIK * Also admitted in District of Columbia JOHN H. CROSSFIELD II ALEX F. PEVZNER MARIN COUNTY OFFICE 280 Roundhill Road Tiburon, CA 94920-0531 (J Refer to the above branch office April 6, 2007 ~ [E If\' r.? 1'1 'f\ r'- 6 ([~ l ~," !, \'"., '> D ~,: I~ '! \ APR ", , 2007 DIRECTOR OF PU2Li,,;,;','l;jj.;;,\~ TOWN OF TlSi,j~~N Tiburon Department of Public Works 1505 Tiburon Boulevard Tiburon, CA 94920 . Re: 280 Round Hill Encroachment Permit Aoolication Our File Nos.: 7450-74 and 7450-89 Gentlernen / Ladies: On febrlJa.ry 20. 2007 I suhnl1.tted a building pernlit application for the in~tallati.on of solar panels to service my residence and to comply with what I thought 'vas not just tl1('mandate of the state to move towards solar energy, but position of the Town of Tiburon to encourage and utilize solar~, having been an example therl1selves by installing solar panels on the roof of T o\vn Hall. The March 12, 2007 denial letter that 1 am enclosing as Exhibit A states the reason for Mr. \Vatrous, planning manager's denial and his suggestion or procedural advice th;;lt I could apply for this encroachment permit. I am ensuing that I exhaust my administrative remedies because this issue is so much bigger than just one residential applic.ation, and also want you to consider that there are no cases on the new solar law, mainly because no cities have been complying with it. 1 am attaching as Exhibit B a copy of the Melllorandum of Law that \vas pFepared for me along with Exhibit C~ Government Code Section 65H50 speci1ically subsection (b) stating my legal position that I \vish to submit with this application. Although I have not heard from Tiburon Town Counci 1 after the l\tla.rch 12 lener of denial was se~t I am hoping that your department receives a legal opinion before any decision is made as to whethel or not you will grant the En~roachment: Permit. Govenmlent Code Section 65850 specifically states that a city or county .'shaH" administrath'.dy approve applications to install solar energy systems through the issuance of a Building Permit or similar non-discretionary permit. I can appreciate Mr. Watrous' position, and I have the highest respect for him~ Telephone (415) 673-3333 · Facsimile (415) 673-3548 · www.travellaw.com · anolik@travellaw.com Re: 280 Round Hill Encroachment Permit Application Our File Nos.: 7450-74 and 7450-89 Page 2 of3 Avril 6, 2007 considering the hard vvork and dedication he has always given to the Town of Tiburon, but he has to be wrong in this case due to the difference of opinion we appear to have on the open space easement that was forced upon myself on the 24th of July, 2001. Considering my Gilmartin property was always three lots, and I had been paying taxes on three lots, and the prior temporary owner had submitted plans to build on only two lots, the fact that I should have been able to have approval for three separate houses, especially since their sizes were basically limited and their ridgeline regulations deprived me of hundreds of thousands of dollars, if not more, in the Town of Tiburon' s position. I can understand The Building Permit Department's position that there is a purpose of preserving open space areas in natural and scenic conditions, and I can appreciate that and that there would be no buildings or structures under the To\\'ll of Tiburon~s position. Considering that the hill is only utilized by myself, since very few other tenants can even see where the panels will be going, and considering that the slope of the hill \\111 basically hardly allow the paneb to be seen, combined with the fact that I am still an owner of the property and still being taxed as such, makes it reasonable to believe the Town of Tiburon Public Works has to consider my rights as an owner and how the new law affects me. The mere fact that I was not happy with the Town of Tiburon taking my property without just compensation when they ordered a private open space area. has to be balanced with the fact that the Tovvn of Tiburon and I did enter into an agreement. The problem with the agreement is ~I~. thatundeT this IiG~.~'lavv, -the' TO.wTIui' TJ:hui\)i1 Gt1dI Gould 'u01. rrtn~;e .suc}.<.an agi'e\;ilicntthdt would be contravening .public policy, and therefore is void ab intuitich (from the beginning). The Town of Tiburon andl"could not make an agreelnentto restrict the use of land to prohibit certain races, colors, or creeds, because it would be againsl puhlic policy as well as probably in California something like the ENRA, and as an analogy the TO'Nn of Tiburon and I cannot make an agreement not to allow me to have solar panels on propeny that I do own. The one issue that the Town of Tiburon has raised thus far is that I share that private easement with the Town of Tiburon and therefore they will not issue file a building permit If\ve are equal owners of the easement, and one does not overrule the other, then we have to look at the State's position that there shall be solar. The cities that Ignore this are only asking for problems in the future, the same \vay as this State and this country will have additional problems if we ignore the utilization of solar panels and thus the preservation of not only our resources, but the world's resources. Since I can hardly think of another parcel that would be In the same predicaJnent that the To\\'ll of Tiburon is now in, this should not have the same pl't:cedential value that would have you be worried about future cases that may also arise. This is a very unique situation, there is a dire need for proliferation, utilization, expansion of solar power sources and alternative sources of energy and I believe the Town of Tiburon can Re: 280 Round Hill Encroachment Permit Application Our File Nos.: 7450-74 and 7450-89 Page 3 of3 Avril 6, 2007 be a leader in this green movement by allowing this unique encroachment and allowing me to put my panels in the area as designated in the site plan from SPG Solar (Exhibit C). cc: SPG Solar Ann Danforth, Esq., Attorney for the Town of Tiburon Respectfully yours, /~1 jn ," : .; . ..' ;1I'1' ~., " . . " 'IF il . ~I " t,., III .1 ~M,.".I i.)~ I . V:'~I 'lexander Anflik, Esq. }' ti' l l ,j enclosures: . Check #3376 $235.00 (Basic Encroachment Application Fee $85.00 and $150,00 Inspection fee) . Exhibit A- March 12,2007 denial letter . Exhibit B - Memorandum of Law . ExhibIt C - Government Code Section 65850 /I, t~ c. "" s,...." .. 130.3' ~ OJ, <!> ''6-... ;0 0 ~ C ~5' :J ~ 0. ~~ :r: ~ =:.: - "'U ;0 Z 0 Q) 0 0. W (0 ~ I ~ -......I ~ I ~ ~ ~~~ ~ ,;:):~. ' 1 ~ -i I , S' <1l ~I o n o ~. -=- ~8 <1l ;r;; pt~ b>ca 3 ;r;; sr.n :> '" ~ g g'~ ~~ ~ ~ ~ ~ m I/O@ :g~ en . 7~ [ PROPERTY Alexanel O'w'NER/LOC 280 R er Anolik A TJON, 1'1a ounelhill Rei I uron C ' (415) 860 A, 94920 -7656 ~ re rru f? " ""., r- ~ D If: ~ APR "I I.. LUU? DIRECTOR OF PU2i...iC VVURKS TOWN OF TIBURON January 11, 2006 Anolik/280Rounhill/Solar Tiburon City File # 702170 Anolik File # 7450-74 / 7450-89 Vista Golden Gate Estates Precise Development Plan On September 6, 2000, the Tiburon Town Council adopted resolution #3439 approving the Vista Golden Gate Estates precise development plan for the development of a 4.66 acre property at 200 and 210 Gilmartin Drive with two single family dwellings. This property is adjacent to the Anolik residence at 280 Roundhill Road, and both properties are under the same ownership. As part of the approval of the Golden Gate Estate's precise development plan, a lot line adjustment was approved that allowed a .66 acre portion of land to be added to the property at 280 Roundhill with specific building, landscaping and open space envelopes established for this portion. History: The Anolik's have owned the 4.66 acre Gilmartin parcel for a number of years. They had sold it, but the purchaser had defaulted on the property and the Anolik's had to take it back. Since the Anolik's have had the property, they have always paid taxes for the three lots that were within the 4.66 acres. It had originally been designated from its early subdivision into three lots but the pr9spective purchasers tried to obtain only two houses, and had submitted the plans as two parcels. When Anolik took the parcel back through a defaulted loan lawsuit, his intent had always been to retain the bottom portion of the 4.66 acres and therefore, rather than resubmitting and waiting for years for the upper two residential lots to sell, Anolik merely had the bottom .66 acres added on to his residence and then later submitted plans for development. The development of the Anolik project had an application date by the town of Tiburon of October 8, 2002, and was then amended with conditions of approval for plans of November 21,2002. For permission to build what came out to be only a 1000 sq. foot cabana on the new acreage adjacent to his house, along with a new swimming pool, Anolik had to agree on what amounted to city enforced extortion by saying he would take approximately Y2 of the .66 acres and make it private open space. Anolik understood private open space to mean that other people cannot go on it and that Anolik still owns the land and pays taxes on it, but as open space there was not to be any fencing, landscaping, or building. EXHIBIT B-MEMORANDUM OF LAW To proceed with the city, state and federal concept of building "'green" and having solar applications wherever possible, something the city has for itself in its own city hall, a new California state law was passed, Govt. code 65850, that says that the local design review and probably the local planning departments cannot tell you where to put the solar panels, the theory being to have more utilization of panels: ""(b) A city or county SHALL administratively approve applications to install solar energy systems through the issuance of a building permit. . .." I know that this new law was acknowledged by city planner Dan Waltrous at a hearing that Anolik attended where somebody on the Planning Commission tried to limit where some solar panels were going. Waltrous specifically said on October 5, 2006 at the design review board hearing that ""the state law has exempted solar panels from the design review process." (I am enclosing the October 5 hearing that has background information) (Anolik . is not finding info right now on the extorted 12 of the 2/3 acres but remembers the council being adamant about no building on that parcel) The state law preempts local planners and design review boards from hindering solar enactment and placement. Thus, even though Anolik agreed to not build on this open space which, because it is down hill from other parcels and very steep cannot really be seen by any others other than Anolik, can he not now argue that since the State law preempts the City from limiting the placement of panels Anolik must now be permitted to put up what amounts to approximately 120 solar panels to electrify his residence on his pri vat~ open space. 2 ....-- ~J CALIFORNIA CODES GOVERNMENT CODE SECTION 65850 65850.5. (a) The implementation of consistent statewide standards to achieve the timely and cost-effective installation of solar energy systems is not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution, but is instead a matter of statewide concern. It is the intent of the Legislature that local agencies not adopt ordinances that create unreasonable barriers to the installation of solar energy systems, including, but not limited to, design review for aesthetic purposes, and not unreasonably restrict the ability of homeowners and agricultural and business concerns to install solar energy systems. It is the policy of the state to promote and encourage the use of solar energy systems and to limit obstacles to their use. It is the intent of the Legislature that local agencies comply not only with the language of this section, but also the legislative intent to encourage the installation of solar energy systems by removing obstacles to, and minimizing costs of, permitting for such systems. (b) A city or county shall administratively approve applications to install solar energy systems through the issuance of a building permit or similar nondiscretionary permit. Review of the application to install a solar energy system shall be limited to the building official's review of whether it meets all health and safety requirements of local, state, and federal law. The requirements of local law shall be limited to those standards and regulations necessary to ensure that the solar energy system will not have a specific, adverse impact upon the public health or safety. However, if the building official of the city or county has a good fa~th belief that the solar energy system could have a specific, adverse impact upon the public health and safety, the city or county may require the applicant to apply for a use permit. (c) A city or county may not deny an application for a use permit to install a solar energy system unless it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The findings shall include the basis for the rejection of potential feasible alternatives of preventing the adverse impact. (d) The decision of the building official pursuant to subdivisions (b) and (c) may be appealed to the planning commission of the city or county. (e) Any conditions imposed on an application to install a solar energy system shall be designed to mitigate the specific, adverse impact upon the public health and safety at the lowest cost possible. (f) (1) A solar energy system shall meet applicable health and safety standards and requirements imposed by state and local permitting authorities. (2) A solar energy system for heating water shall be certified by the Solar Rating Certification. Corporation (SRCC) or other nationally recognized certification agency. SRCC is a nonprofit third party supported by the United States Department of Energy. The certification shall be for the entire solar energy system and EXHIBIT C--GOVENRMENT CODE installation. (3) A solar energy system for producing electricity shall meet all applicable safety and performance standards established by the National Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability. (g) The following definitions apply to this section: (1) "A feasible method to satisfactorily mitigate or avoid the specific, adverse impact" includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by a city or county on another similarly situated application in a prior successful application for a permit. A city or county shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of subparagraphs (A) and (B) of paragraph (1) of subdivision (d) of Section 714 of the Civil Code. (2) "Solar energy system" has the same meaning set forth in paragraphs (1) and (2) of subdivision (a) of Section 801.5 of the Civil Code. (3) A "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. ,-------.-.--::..--'~. ~ Town ofTIburon - 1505 TIburon Boulevard -liburon, CA 94920 - P. 415.435.7373 E 415.435.2438 - www.ci.tiburon.ca.us May 4, 2007 Mr. Alexander Anolik 280 Round Hill Road Tiburon, CA 94920 RE: Encroachment Permit Application Dear Mr Anolik: Thank you for your submittal dated April 6, 2007 requesting an Encroachment Permit to install ground-mounted solar panels on a portion of your property located at 280 Round Hill Road. The drawing submitted with your Encroachment Permit depicts most of the proposed solar panel array as being placed within a portion of your property that is burdened by a Town of Tiburon-held Open Space Easement. The terms of this Easement do not permit the installation of structures or devices such as you propose. The purpose of the Easement, as stated therein, is to "preserve the area in its natural, scenic and open space condition due to the presence of fragile serpentine bunchgrass and native bunchgrasses and for the preservation of the open space character of the area". Installation of the solar array would be contrary to the purpose of the Easement: Per the Community Development Department, the location you propose for the majority of the solar panel array is designated as Open Space on both the Town's General Plan Land Use Diagram and the Tiburon Zoning Map. These designations are coterminous with the Open Space Easement boundaries. Neither of these designations permits installation of new structures of the type you are proposing. Approval of your permit application would therefore be inconsistent with the Tiburon General Plan and not in conformance with the Tiburon Zoning Ordinance. We appreciate and respect the reasoning you provided in your letter dated April 6, 2007 regarding the Solar Rights Act; however, that Act does not apply in this case. You relinquished the right to install any type of structure within the Open Space Easement when you granted it to the Town in July 2001. For these reasons, we are denying your application for Encroachment Permit as of the date of this letter. It appears to me that there are other locations on your property, which are outside the Open Space Easement, where you could install your solar panel array. I would encourage you to strongly consider such alternate locations. --r- J~>.~""'" < :" , ,,-: , , ':'.- - . '--' \ .... -~ ,'; .--'~'-~ ,. ,",.'."" ....:---,...,. t()-fiiGr~1n ">:M~i.or .... . . . :;>-".-,." ,_:~.: ...'. . . . i~tf'$i~y~tz \'i~eMayor ~iles Berser Cauncilmember Alice Fredericks Caunciltnetnber Paul s nHth Cauncilmember MargaretA. ...(Jurran Town MelEager EXHIBIT ~ 280 Round Hill Road May 4, 2007 Page 2 of 2 Pursuant to Section 19-5 of the Tiburon Municipal Code, you may appeal the decision to deny your Encroachment Permit application to the Town Council within ten (10) days, or by Monday, May 14, 2007. ~L Nicholas T. Nguyen, PE Director of Public Works I Town Engineer ~ cc: Peggy Curran, Town Manager Scott Anderson, Director of Community Development Ann Danforth, Town Attorney Dan Watrous, Planning Manager Jj m re LC '... 1/ /J /u' D ~ @fEaWfE@.Ylll....,.'.:.,..,........." n D I~<,;. MA Y 1 5 Z007 U ~.,~ t .::; Jr'~( /f-.~,.;. .."... i; '. A\ TOWN QF TmUR~~~~Ot:~:~~~rors ~ ~ ~ ~ W ~ ~ (.,,,.. NOTICE OF APPEAL ~ MAY 1 4 2007 t!!J TDWN CLERK TOWN OF T~BURON APPELLANT Name: Alexander & Yami Anolik . Address: 280 Roundhill Road, Tiburonr Califnrni~ Q4Q?()-()S11 Telephone: 415-435-0404 0Vork) 415-673-3333 (Home) ACTION BEING APPEALED Body: Buildinq. Pennit Application/Dept. of Public Vbrks-EncroachrTtent Permit Date of Action: Rejection of t-1arch12, 2007/Rejection of May 4, 2007 Name of Applicant: Alexarider & Yami Anolik Nature of Application: permit to install solar system C;ROUNDS FOR APPEAL (Attach additional pages, if necessary) See attached grounds for Appeal dated 5-11-07 and 3 exhibits showinq placement. S:-IV-tJ7- to k dekr~~ . Jf/~~BIT , Ik rr wl--cf H~~ ~ A~ f'\...: L" f 'f (J - '- ~ /', f"::-V . ~ ~ )'VYlt:;2i) 0 /C ~ . '. ,J-a #f) Date of Hearing: Last Day to File: :)- (C(-- 07- ~~ Fee Paid: '0J:lJL January 2004 c{j{ It 3 3 7~ f Date Received: / ALEXANDER & YAMI ANOLIK 280 Roundhill Road Tiburon, California 94920-0531 415-435-0404 May 11,2007 1. California's Solar Rights Act preempts the City from prohibiting solar panels on Property applicants still owned and paying taxes on. Government Code 65850(b) states "a city SHALL administratively approve applications to install solar energy systems through the issuance of a building permit." 2. The City is forcing applicants to give a shared private easement in the form of open space and then disallowing applicants public policy shared usage is an unlawful taking of property according to U.S. Supreme Court Nollan vs. Cal. Coastal Commission, 483 U.S. 825 and open space cannot be taken without eminent domain proceedings which the City failed to file for. 3. The City has already received over a million dollars of free land and ridgeline open space and denial of potential land usage is error and is an abuse of discretion. 4. Applicants had three lots on Gilmartin and the City only allowed two houses and then a small cabana on the contiguous area to applicants' house. When the City "excludes or controls" its shared easement, it has "destroyed" owners' control and the Supreme Court in Loretto vs. Teleprompter, 458 U.S. 419 says the City must pay compensation which it has not. It won't even share the easement it unlawfully took. 5. The City's recommendation to have applicants use another area on applicants' property is in error in light of what Tiburon attempted in its recognition of the need for solar. Although the City should be commended for the idea and usage of its solar acquisition, the City's waste of money and tax paying dollars on a less efficient roof system being blocked and shaded by its tower is not the most effective installation to fulfill the goals of the States' Solar Rights Act. Contemplated with the State's preempting law is the realization that the State and all of us bound by the law utilize effective non-wasteful solar. The proposed location (attached three exhibits) will not have any shade issues making it the most effective location. Any shade on a singular module will have a detrimental effect on that entire string such as the wasted shaded panels on City Hall. The proposed ground-mount configuration will allow more air flow under the modules than a roof mount and thus keep the modules at the ideal tempera!ure. The silicon used for the photovoltaic modules has a temperature MAY/14/2007/MON 01: 17 PM ALEXANDER ANOLIK,PLC FAX No, 4156733548 P,OOl/OOl gradient .As a module temperature goes above 250 Celsius~ the production drops .5 percent per degree Celsius. Rooftop temperatures have been recorded at up to 170 higher than ambient temperature (National Elec1ric Code). This would mean an 8.S production less for roof mount versus our proposed ground mount. If we, the Town of Tiburon and the U.S., are to wean away from Venezuelan and Middle East oil dependence~ every energy saving percentage is important to all of us. 6. Since the area requested to be utilized is on a private open space easement, with NO public access or even views near the parcel area and difficult to see the panels due to placement on the low end of hill slope, the applicants' and possibly only a couple of neighbors would see the panels if neighbors were to go out of their way to see them. Loretto tells us that where governmental ,action results in a permanent physical occupation "without regard" to whether the action achieves an important benefit, the city was in error not to weigh the benefits of this private purchase of solar power. Loretto tells us that "even if the Oovemm.ent physically invades only an easement in property, it must nonetheless pay compenSation." 7. If the City and applicants could not legally make the agreement of the initial taking of applicants' property than the agreement cannot be valid and is void ab initio (from the beginning). It is City error to enforce the tough limitation on the gift of land extracted. 8. The City abused its discretion in not allowing applicants usage of its portion of the easement. This ap~l is not to rescind the granting of the easement and its million dollar plus loss to the homeowner aPplicants. It is merely to ask the City to review an abuse of discretion and error on a transaction replete with "unclean hands" defenses and allow the homeowners of the property to follow State solar mandate as well as basic "green" commitment owed by each of us as residents of this fine City J to place these panels in their most effective and energy efficient manner. The highest elevation from the ground is less than 6 feet. .. 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Z c.. <( .: ~ ~ c: 'iii ~ ~, '1> ,_~;~.':'~~:~7",.~~~:~:':':'~~~:::"~;T" . ~,~~~ F){~~i ~ Q ~,~ i ,,,,,;;!.;l tv \;',~!' il':i,': ~. I',., 10.',"1' ~,", ~'1 ~ ,,' .aO ~,~ li!1 L\! ~ m ~ ' ,_I .-..... ....:::::::.-:-- ~ _._~ . ...." :~;.A...:.',; .....--- ~.,.... ..._____...1 ~.~ _"":.,1,-4,,.:-::: ......~.;;;;;:;;;-- ""0 CO o cr - ~ ""0 c: :J o cr Town ofTIburon · 1505TIburon Boulevard -TIburon, CA 94920. P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us Office of the Director of Public Works / Town Engineer - 415.435.7388 May 16,2007 Mr. Alexander Anolik 280 Roundhill Road Tiburon, CA 94920 RE: Appeal of Encroachment Permit Application The Town has received your Notice of Appeal regarding denials for a building permit and encroachment permit to construct a solar panel array on dedicated open space. Your appeal hearing is scheduled for the'June 20th, 2007, Council Meeting. If you have any questions, please contact me or Lynn Skillings at (415) 435-7354. --- Si"!reIY, ~~'- ----= Nicholas T. Nguyen, PE Director of Public Works I Town Engineer Cc: Diane Crane lacopi Scott Anderson Dan Watrous N. c.-........ Margare~~.Curran Town Manager EXHIBIT 1- ~ ~ ~ -1.. "-"" I\) -n 0 , "-"" 0 -u^ :J -- :::T '< C 0 0 en r-+() - o CD (;) < , o Q) 01 - -1.. ID^ 0 -- n 0 () I\) 01 S:o - 0 0 -1.. 0..(;) "" ~ ~-I CD I\) - en 0 :J ... < 0 I CD ~ ::l. CD Q) , r-+ en r-+ s~~~~~ J: :;:0""::0""" ~i~~~~ o a'V~~ ~;8~i~ ~~:!1~~Vi " 2S~~~o AJ 0 E...2..,oi " I"'l ~ifip\G~~ AJ o~fil~i~ =< ;;B~~~o 0 C1l~~_ ..,~ .., VI lS~lii~~~ " ~:l"" !!l> (;) " ..,~~~" VI z~zo~~ 0 (')..,~Vlolll S; ~~5~~~ _AJ ,...~~,...,,~ Z ~~~~~~ 0 Vl~z~~~ ~~~~~~ ~~"..,~~~ !" 5!a... "i!l ! n ~ lj' ~ lj' .. ! j .. 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""U :::T o r-+ o < o r-+ Q) o en '< en r-+ CD 3 PROPERTY O'WNER/LOCA TION: Alexander Anolik 280 Roundhill Rd, Tiburon, CA, 94920 (415) 860-7656 3: (1) ~ .9 ~ o ~ o iii' n' 3: 8. f fIo~~ 1\J~5 ~~~ 2:!e.g ~~~ UllDlO ;-::6' ;;~i 1ll(1)1Il i~~ ~mi (1)a.c. ~ (;;20 g.~ lOa. ~5. im en -- :::s CD r -- :::s CD o -- Q) ..., Q) 3 )> ::::J o =" I'V o ~ =" ~ - ! d ~ i ~ I ~ ij~~~~W~~ ~ JUN 1 8 2007 W TOWN CLERK TOWN OF TmURON LATE MAIL # ?II-~ ~ /{)fA../A/CrJrJ/l/CIL (t1$TfIU6: , JUME 2t) 2001- ~ re~' ~~~ o~ ~ IJ'S..e. ~ r\::.'-=~ ~OL -1P tf".~~ ~~~- ..QM ho.M.~ ~~~) ~~ ~+ )..A+ ~r.'\ (2J . ~~, JUN 1 8 7007 '. June 20, 2007 /D) ~ ~ ~ ~ w ~ m) ~ J U N 2 0 2007 lW . TAROM GROUP A FULL-SERVICE CONSTRUCTION COMPANY Tiburon Town Council 1505 Tiburon Blvd. Tiburon CA 94920 T.OWN CLERK TOWN OF T1BURON PH 415.789.5000 FAX 415.789.5084 46 A MAIN ST. TIBURON, CA 94920 RE: 280 Round Hill Road Installation of Solar Panels (Appeal of Denial of Encroachment Permit) Dear Council Members: I, Siamak Taromi, reside at 240 Round Hill Road. I have been in discussions with my good neighbor, Mr. Al Anolik, and he assures me that the solar panels, which would cover an envelope of approximately 2,000 square feet of land right above my house, will not be installed as proposed. Rather, he plans to install them in a different location. I have every confidence that Mr. Anolik will do as he has said. As a real estate developer of high-end luxury homes for the past 25 years in Marin County and Silicon Valley, I can empathize with Mr. Anolik regarding city and county regulations and procedures, as well as how neighbors can sometimes seem unreasonable or unforgiving. I would back Mr. Anolik 100 percent to finish his project in as timely a manner as possible; however, the proposed location of his panel array would directly affect my property value and the view lines from my back yard and master bedroom. I'm confident that the Council can assist Mr. Anolik in finding a more suitable place for this critical energy-saving device, and then we can all continue to enjoy our serpentine bunchgrass. Thanking you for your time and attention to this matter, I am Sincerely yours; " ~ "roWN COUNCIL LA1E MA\l 1;,1:1 MEETING DATE (r2-cYor Siamak Taromi 240 Round Hill Road, Tiburon CA 94920 415-789-8829 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 20, 2007 Agenda Item: 'P-II t STAFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Fiscal Year 2007-08 Municipal Budget Plan and Related Resolutions Reviewed By: @~~ BACKGROUND At its meeting of June 6, 2006, the Town Council received a presentation and held a public hearing of the proposed FiscalY ear 2007 -08 Municipal Operating Budget. This evening Staff will present the Capital Improvement, Debt Service and Redevelopment Agency portion of the Municipal budget. ANAL YSIS Capital Improvement Program As presented, the overall Capital Improvement Program is $10,109,099. Approximately 66% ($6.71 Million) is attributed to the anticipated Del Mar Utility Underground project. The remaining $3,348,000 consists of $1.9 million in Street and Traffic Safety improvements, $510,000 in drainage improvements and $938,000 in community projects. Detailed information is attached. Since providing the Council and public with the preliminary budget, staffhas identified two additional projects that should be added to the Capital Improvement ,Program, should Council concur. The first is the resurfacing of the Beach Road tennis courts with an estimated cost of $9,000. Historically, the Belvedere- Tiburon Joint Recreation Department has been responsible for the maintenance of the Town's tennis courts. These courts are in need of resurfacing and the BTJRC indicates it would create an undue financial hardship for them to fund this resurfacing project. The funding source would be the General Fund Infrastructure & Facility Fund. Secondly, staff recommends that $20,000 be appropriated for consultant work to prepare an Open Space Management Plan. Funding would be from the General Fund Open Space Management fund. Debt Service The Town's debt service program consists of eight bond issues, totaling approximately $12 million in outstanding principal. The Town acts as the fiduciary agency for the payment of these Redevelopment Agency The proposed FY 2007-08 budget for the Tiburon Redevelopment Agency totals $5,500 which will provide for costs related to the annual financial audit of the agency and legal services that maybe required during the year. The Redevelopment Agency will continue to be a component part of the Town's municipal budget until such time as the Town fulfills the Agency's housing requirements. Municipal Budget Re-Cap The operating budget is balanced as follows: Proj ected Revenues Proj ected Expenses $8,902,062 $8,769,571 Operating Surplus $ 132,491 As proposed, including the recommended additions to the Capital Improvement Program, the total budget for the Town is $20,213,477. Most importantly, the 2007-08 Municipal Budget is balanced. Once adopted, the final document will be printed and circulated to all interested parties. FY 2007-08 APPROPRIATION LIMIT Proposition 4, approved by California voters in November 1979, established and defined annual revenue appropriation limits on all government entities. Proposition 4 became effective in Fiscal Year 1980-81; however the calculations to determine the annual limit are carried from a Fiscal Year 1978-79 base. Proposition 4 was modified in 1990 with the passage of Proposition 111, which slightly changes the annual adjustment factors, further identification of the types of expenditures which are excluded from the limit, and provisions for the exclusion of emergency expenditures froin the limit. Implementation legislation provides that the Town Council shall, at a regularly scheduled meeting, establish by resolution the amount of appropriation subject to limitation. The State is to be provided with informational forms with the filing of the Annual Statement of Financial Transactions no later than ninety days after tl).e start of the fiscal year. The appropriations limit is the calculated dollar amount which limits the Town's ability to receive and expend proceeds of taxes. Such revenues include: Property Taxes, ERAF rebates, Sales Taxes, Real Property Transfer Taxes, Transient Occupancy Taxes, Business License Taxes, State Motor Vehicle Fees, Off-Highway Taxes, certain rental income, other revenues and rebates (excluding Redevelopment Agency Fees), a share of Investment Earnings, and transfer of funds from other funds into reserves of the General Fund. The limit is calculated by adjusting the previously adopted limit by factors which include: (1) the State of California Per Capita Income Growth, and (2) the Town's Population Grown. Both these figures are provided by the State Department of Finance. The limit is further adjusted if cities 'l~()~\ Page .'2 '~ bear the costs of legislated fees for the transfer of responsibility. The County, through SB 2335, established fees for the collection of property taxes and for booking prisoners. The calculation for the Town of Tiburon's Appropriations Limitation for FY 2007-08 is illustrated on the following page: Gann Limit Calculation - FY 2007-08 Amount 1. Previously established limit, July 1, 2006 2. Adjustment Factors Per capital personal income Population growth $5,957,308 4.80% 4.42% 3. Multiplier, for adjustment to limit (1.0480 x 1.0442) 1.04921 4. Subtotal new limit (1) x (3) $6,250,468 5. Add: legislated pass-through fees County property tax collection County Booking Fees $48,800 7,500 6. Revised limit, July 1, 2007 $6,306,768 Once the Appropriations Limitation has been determined for the upcoming fiscal year, staff must then determine the amount of revenues that Town expects to receive that are subject to the limit. The table below illustrates revenues that are subject to the Gann Limit. 2007-08 Appropriations Subject to Gann Limit Amount A. Proceeds of Taxes $5,532,460 B. Exclusions -0- C. Appropriations subject to Limitation $5,532,460 D. Current Year Limit (from above) $6,306,768 E. Over (Under) Gann Limit ($ 774,308) F. Percent Over Limit -14.00% RO\ I'cnvn ("ounc!l June 20, :2007 Any additional revenues received during FY 2007-08 that are considered "proceeds of taxes" will reduce the amount the Town is currently under the Gann Limit. FY 2007-08 SLESF (COPS) BUDGET The COPS Program allocates funds to local governments to be used for front line municipal police services. In 1996, the State of California established the Citizens Options for Public Safety (COPS) Program. While the 1996 Legislature could not bind future legislatures, the current legislature has confidence that the program will continue and they encourage agencies to use these funds to hire and maintain additional public safety personnel. The California Legislature passed legislation for the twelfth year that allocates State funds to local government for the purpose of ensuring public safety. The Town of Tiburon will receive $100,000 from this program to be used front line municipal police services by funding the majority of the Police Investigator position. The legislation requires that each local agency report expenditures of COPS funds to a Supplemental Law Enforcement Oversight Committee that is formed by the County. The oversight committee in Marin County is the Marin County Sheriff s Office. On July 1,2007, the fund balance of the COPS fund is anticipated to be approximately $300 and we anticipate receiving $100,000 in revenues during the fiscal year. The proposed Fiscal Year 2007-08 Budget for the Police COPS program is $113,390; however, $13,390 is being funded through the General Fund and the remaining $100,000 with COPS funds. The chart below illustrates the Town's Proposed FY 2007-08 COPS Operating Program: Beginning Fund Balance (July 1,2006) $300 Revenues - Anticipated SLESF ICOPS Allocation $100,300 - General Fund $13,090 Projected FY 2006-07 Expenditures - Investigator's Salary & Benefits ($112,190) - Investigator's Supplies ($1,200) Anticipated Ending Fund Balance (June 30, 2007) $0 FINANCIAL IMPACT By approving the Resolutions as presented, the Council is authorizing the levels of expenses, within funds, for the 2007-2008 fiscal year. 'RtY\ rown ("ounc! I 20, ,:'.007 RECOMMENDATION Staff recommends that Council: 1. Hold a public hearing and after due consideration, 2. Approve the attached resolutions: a. Adopting the Municipal Budget Plan for FY 2007-08; b. Establishing the Town's Appropriation Limit for FY 2007-2008; and c. Adopting Proposed Utilization for the Supplemental Law Enforcement Services (COPS) Fund for FY 2007-08. Exhibits 1. Capital Improvement Program Budget (Revised) 2. Redevelopment Agency Budget 3. Resolution Adopting the Municipal Budget Plan for FY 2007-07 4. Resolution Establishing the Town's Appropriation Limit for FY 2007-08 5. Resolution Adopting COPS Funding for FY 20907-08 Prepared By: Heidi Bigall, Director of Administrative Services RO\J ;~ ~ ~ ~ ~ ~ ~ c ~ ~ ~ . . . . . . . , . . I . . . . . ~ ::T CD Q)0~0 - CO CD S. ~ 5' ~ -ffl~I1Q) _----.J@-<~ rj()I'\.)C _oooo~ O~oCD <o"C ----.J ~ <oQ OCO (ii' ~ ?> g 0' - ~ ~ ~ ~ 5' o -<Q)co @Q)&C ma.;:::;:c::!': 0. - 0" ~ -+o3~ Q"Qs."Q "C ~ ~~, ii)CD~o ~3-r-+ ~ '~ c 0 o..CD~O r_+ -, 3 o 11~"C OcCO~ 3 ~ en en 3 _0. g CD c"U~g ~ Q) @ CD ~~en3 0. -. Q) CD ~ ~ o' Ci5<E~ o~g.-g "CO :::J. 3"3 go' ~ CD CD ~ =: _3- G) S. 3oo~r-+ "C~CD~ aCD~ < CD () CDr-+110 3 en c 3 ~~~g en ~~, ~ ~ ~-< 11 eno -. tE ~ CD ~ CD c < Q)- $l~ -Q)~.g -<~CD3 m~QoCD ~::TI1~ I'\.)CDQ)r-+ 8G)g3" ----.J CD -'"C o~-<a ?>CDI1< 01 c CD -~3 11_0. 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RESOLUTION NO. -2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A MUNICIPAL BUDGET PLAN FOR THE TOWN OF TIBURON AND THE TIBURON REDEVELOPMENT AGENCY FOR THE FISCAL YEAR ENDING JUNE 30, 2008 WHEREAS, the Town Council conducted a Public Hearing concerning the proposed Municipal Budget Plan for fiscal year 2008 at it regularly scheduled meetings of Wednesday, June 6, 2007 and June 20,2007; and WHEREAS, the Town Council now finds that the proposed Municipal Budget Plan, as estimated, provides for all appropriate municipal purposes and services with current fund(s) and resources and estimated revenues for fiscal year 2008; and NOW, THEREFORE, BE IT RESOLVED; that the proposed Municipal Budget Plan appropriates revenues and other sources of funds for expenditures associated with operations, capital outlays, capital improvements, debt services, and the Redevelopment Agency in the following amounts: Section 1. Operating Budget Program - The proposed Plan has sufficient resources to finance the planned expenditures: Revenues and Funding Sources $8,902,062 Expenditures 8,769,571 Total Operating Net: $ 132,491 Section 1 a. Operation Revenue Appropriation - Estimated Revenues and Sources of Funds for fiscal year 2008 GENERAL FUND Property Taxes $3,065,085 Other Taxes 1,233,250 Franchise Fees 441,550 Fines & Forfeitures 169,400 Investment Earnings 375,000 Intergovernmental & Agency 708,525 Licenses & Permits 989,700 Charges for Services 356,600 Other Revenues 92,997 Subtotal General Fund Revenues $7,432,107 OTHER FUNDING SOURCES Employee Compensated Leave $ 20,000 Page 10f5 Low IModerate Housing Fund 4,375 Town Owned Housing Fund 49,400 Peninsula Library Agency 1,265,680 Police COPS/SLESF Fund 100,000 Cypress Hollow Fund 15,500 Long Range Planning Fund 15,000 Total Revenues & Sources $8,902,062 Section lb. General Fund Expenditures Appropriation - Planned Department expenditures for fiscal year 2008: AMOUNT ADMINISTRATION Town Attorney $ 412,049 Town Administration 1,135,861 Administration Building 73,100 Non-Departmental 1,319,455 Legislative 47,000 COMMUNITY DEVELOPMENT Planning & Design Review $ 576,726 Building Inspection 626,319 Advanced Planning 15,000 POLICE Police Department $2,906,409 Police Building 60,800 PUBLIC WORKS Administration $ 535,651 Streets Maintenance 491,432 Parks Maintenance 402,669 Street & Signal Light Maintenance 48,000 Corporation Yard 103,600 Cypress Hollow 15,500 Total Expenditures: $8,769,571 Page 2 of 5 Section 2. Capital Improvement Program - Sources of Funding for Planned Streets, Drainage and Community Development Improvements in fiscal year 2008: SOURCES PROJECTS Del Mar Assessment District 6,761,099 Infrastructure & Facility Fund 204,000 Circulation System Improvement Fund 105,000 Gas Tax Fund 280,000 General Fund Streets & Drainage Reserve 570,000 Drainage Impact Fund 100,000 General Fund Open Space Management Reserve 20,000 Street Impact Fund 1,208,000 General Fund 50,000 PW Corporation Yard Improvement Fund 100,000 TEA Grant 87,000 Per Capita Grant 45,000 Measure A Funds 75,000 General Fund Park Development Fund 1 71 ,000 Non-Motorized Transportation Grant 250,000 STP Grant 112,000 STREETS Resurfacing Engineering & Administration $1,675,000 Traffic Safety Improvements 225,000 Subtotal Streets Improvements $1,900,000 DRAINAGE Culvert Rehabilitation/Replacement 160,000 Storm Drain Master Plan 65,000 Catch Basin/Inlet Repairs 20,000 Construction Administrative & Inspection 65,000 Drainage Improvements 200,000 Subtotal Drainage Improvements $ 510,000 COMMUNITY DEVELOPMENT Del Mar Valley Utility Undergrounding 6,761,099 Sidewalk & Curb Ramps (ADA Compliance) 30,000 MUP Improvements (jiJ A venida Miraflores 237,000 Replace Tiburon Blvd. Street Light Shades 100,000 Public Works Corporation Yard Master Plan 100,000 MUP Enhancements with MMWD Project 66,000 Gilmartin/ Atkinson Fire Road Repairs 50,000 Railroad Marsh Maintenance 40,000 Walking Lane Improvements 250,000 Page 3 of 5 Police Department Exterior Painting 35,000 Informational Signage 30,000 Resurfacing Beach Road Tennis Courts 9,000 Open Space Management Master Plan 20,000 Subtotal Community Development Projects $ 7,728,099 Total Capital Improvements $10,138,099 $10,138,099 Section 3. Debt Service Program - Planned Debt Service and related expenses for special assessment, community facilities districts, and general obligation bond issues of the Town are as previously planned: BOND ISSUE AMOUNT Linda Vista Undergrounding District 7,177 Main Street Assessment District 39,801 Pt. Tiburon Community Facilities District 131,981 Stewart Drive Assessment District 107,3 13 Tiburon Public Facilities Financing Authority 140,410 Via Capistrano Assessment District 17,347 Lyford Cove Assessment District 368,430 Del Mar Valley Assessment District 273,518 Total Debt Service $1,085,707 Section 4. Redevelopment Agency Budget Plan - The following tables provide overview information for the general increment and Housing Set-Aside Funds of the Redevelopment Agency in fiscal year 2007. Redevelopment General Increment Fund: AMOUNT Revenues & Sources $ 9,000 Expenditures 3,000 Total Operating Net $ 6,000 Redevelopment Agency Housing Set-Aside Fund: AMOUNT Revenues & Sources $ 25,000 Expenditures 2,500 Total Operating Net $ 17,500 Page 4 of 5 IT IS FURTHER RESOLVED that the Town Manager may make adjustments and activities within the budget provided that no increase or diminishment in salaries result other than that provided by the Town's Personnel System and Master Salary Program, or as authorized by the Town Council, and provided that no expenditure or encumbrance contingent on contract agreement, or other engagement requiring approval of the Town Council shall be made until such contract is first approved by the Town Council. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 20, 2007, by the following vote: AYES: NOES: ' ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Page 5 of 5 RESOLUTION NO. -2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING AN APPROPRIATION LIMIT FOR FISCAL YEAR 2007-08 PURSUANT TO ARTICLE XIII B. OF THE CONSTITUTION OF THE STATE OF CALIFORNIA WHEREAS, Article XIII B. of the Constitution of the State of California provides that total annual appropriations subject to exceed the appropriations limit of such entity of government for the prior year adjusted for changes in the cost of living and population, except as provides in Artic e XIII B; and WHEREAS, pursuant to Article XIII B of the Constitution of the State of California, the Town Council of the Town of Tiburon deems it to be in the best interest of the Town of Tiburon to establish an appropriations limit for Fiscal Year 2007-08; and WHEREAS, the previously established limit for Fiscal Year 2006-07 was $5,957,308, and the State Department of Finance has determined that the 2007 Per Capita Personal Income Factor is 4.42%, and the Population Change Factor is 0.48%; the Director of Administrative Services estimates that legislated pass-through fees of the . County will be $56,300; the Director of Administrative Services of the Town of Tiburon has determined that the appropriations limit in the amount of $6,306,780 shall be established for Fiscal Year 2007 -08. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that an appropriations limit in the amount of $6,306,780 is established for Fiscal Year 2007 -08 pursuant to Article XIII B of the Constitution of the State of California. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June_, 2007 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIDURON ATTEST: RESOLUTION NO. -2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN EXPENDITURE PLAN FOR THE UTILIZATION OF SUPPLEMENTAL LAW ENFORCEMENT FUNDS ("COPS") MONIES RECEIVED FISCAL YEAR 2007-2008 WHEREAS, Assembly Bill 3229, signed into law as Chapter 134, Statutes of 1996, estab~ished the Citizen's Option for Public Safety Program (COPS); and WHEREAS, on July 1,2001, the Governor signed Assembly Bill 2885, that extends the COPS program to January 1, 2007 and provides local government law enforcement jurisdictions with an annual baseline funding in the amount of $100,000, for frontline law enforcement personnel and other related equipment; and WHEREAS, the Town Council, at a public hearing held annually, must approve of a spending plan for the expenditure of COPS; and WHEREAS, the Town Council of the Town of Tiburon, at its regular meeting held on June 20, 2007, adopted the recommended Police Department Budget that included authorization ofa COPS-funded frontline position of Investigator. NOW, THEREFORE, IT BE RESOLVED that the Town Council of the Town of Tiburon approves the proposed and recommended use of the COPS funds, and further, that the action to employ additional frontline personnel shall be contingent upon receipt and continuation of baseline funding in the amounts referred to above. This Resolution, which approves the recommended plan for the expenditure of COPS monies, is to be submitted to the County Supplemental Law Enforcement Oversight Committe,e. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on June 20, 2007 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK