HomeMy WebLinkAboutTC Digest 2006-08-18
1) Correspondence from Scott Anderson ~ re: Kol Shofar Appeal
2) Correspondence from Troy Bassett - re: Del Mar Undergrounding Update
3) Email to Diane Crane lacopi - re: Additional Parking for TPSL at Blackie's
4) Correspondence from Matt Odetto - re: School Crossing Guard Services
5) Correspondence from H.Herold - re: Exploitive BMR Re-Sale Price-6 Marsh
6) Invitation to enter Landmarks Society Fiscal Fitness Drawing
7) Invitation - Kick Off of SMART Train Campaign - August 22, 2006
8) Correspondence from Comcast - re: Addition of VeneMovies - Channel 600
9) Correspondence from Comcast - re: Addition of KFTY to Basic Level
10) Correspondence from Comcast - re: Changes to Level of Service
11) Minutes - Design Review Board - August 3,2006
12) Action Minutes - Design Review Board - August 17, 2006
13) Agenda - RBRA - August 17, 2006
14) Monthly Report - Office of Design Review - July 2006
15) Yearly Recap - Design Review Submittals - July 2006
Attached Original Separates (Councilmembers Only)
1a) Invitatiori - Environmental Luncheon w/ Barbara Boxer - August 25, 2006
2a) Invitation - MCL Business Breakfast - September 7, 2006
3a) Marin Conservation League News - August 2006
4a) Invitation from Buxton - Re: "Recruiting Retail" - Booth 408 - LCC 9/6-9/06
Town ofliburon · 1505liburon Boulevard .liburon, CA 94920. P. 415.435.7373 E 415.435.2438 · www.ci.tiburon.ca.us
Community Development Department
August 14, 2006
Mr. Forrest Morphew
400 Greenwood Beach Road
Tiburon, CA 94920
D/Gcsr
Mr. Bruce Abbott
458 Greenwood Beach Road
Tiburon, CA 94920
RE: KOL SHOFAR APPEAL
Dear Messrs. Morphew and Abbott:
It was a pleasure meeting with you last week to discuss the pending Kol Shofar appeal
scheduled for September 19,2006.
You had requested whether the appeal hearing could be scheduled for a different date,
or your appeal heard separately from the other two appeals, since it appears that both of
you have conflicts. As I explained at our meeting, this has been a very difficult hearing
to schedule for a variety of reasons. Therefore, the meeting date was selected and
announced a full six weeks in advance of the hearing such that there would be a
reasonable opportunity to adjust personal schedules. It will not be possible to
reschedule the meeting, nor will the Town Council hold separate hearings on each of
the three appeals. All three appeals will be heard at the same meeting. ,
It would be regrettable if neither of you were able to attend. However, the thrust of
your homeowner's association appeal is quite clear, as we all agreed during the
meeting. I would suggest either sending a representative to speak on behalf of the
Association, or sending a separate letter in place of, or along with, a representative. The
Town Council will fully consider your appeal in any event.
At our meeting, we also discussed your association's desire for a street sign advising
drivers that Greenwood Cove Drive/Greenwood Beach Road is not a through street. I
have forwarded this matter to the Town Engineer in a memorandum (attached), and you
should be hearing from him shortly. In the meantime, if you have any questions, please
call me at 415-435-7392.
~
Scott Anderson
Director of Community Development
Attachment: Memo to Town Engineer dated 8111/2006
cc: Digest
(.
TOWN OF
TIBURON
MEMORANDUM
TO:
NICK NGUYEN, TOWN ENGINEER.
SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT~
FROM:
SUBJECT:
REQUEST BY GREENWOOD BEACH HOA FOR STREET SIGNAGE
DATE:
AUGUST 11, 2006
I met earlier this week with Forrest Morphew and Bruce Abbott of the Greenwood Beach
Homeowners Association. Among other items discussed was a request by them for a street sign
that would indicate "Not a Through Street" or similar language that would inform drivers of
vehicles that Greenwood Cove Drive/Greenwood Beach Road is a dead end street.
They had suggested placing the sign at the Town limit line where Greenwood Beach Road begins
and Greenwood Cove Drive ends. I suggested (and they agreed) that a sign closer to the
beginning of the dead end street (perhaps shortly after the 90 degree turn on Greenwood Cove
Drive) might be a more effective location. In that case, the sign would be in County right-of-way
and not in the Town ofTiburon.
I might suggest that you conduct a site visit and then phone either Mr. Morphew (383-1386) or
Mr. Abbott (383-9133) with your preliminary response to the request.
Please let me know if I can be of further assistance on this matter.
Cc: Chief Odetto
Deputy Director Iacopi
Town ofliburon. 1505liburon Boulevard .liburon, CA 94920 · P. 415.435.7373 E 415.435.2438 · www.ci.tiburon.ca.us
Department of Public Works 415.435.7354
IJIG~8"
August 15,2006
To
Del Mar Valley Property Owners
Subject:
Construction Schedule Update
Del Mar Valley Undergrounding Assessment District
The good news: PG&E have completed their work on their final design for
the utility undergrounding. They have forwarded this information to the
District engineers (Harris & Assoc), and Harris is working on completion of
final composite drawings. Once the Town receives this information, I will
forward to you a drawing showing the approved location for you to connect
your lateral (if one is needed) into the main system.
However, the allegations by property owners opposed to the project, and
their rejection of the Town's attempts to settle their disputes, may warrant
delaying the project until next year. This may increase project costs, but
we do not believe that it will threaten our ultimate ability to complete the
project. We will have a better idea of when construction will begin in a
couple of months.
If you have any questions or concerns about the undergrounding project,
you can always contact me by telephone at 435.7359, or bye-mail at
tbassettaucLtiburon.ca.us. If you have tried to reach me in the past
without success, please do try again.
--
~~
Troy A. 'Bassett
Project Coordinator
Utility Undergrounding Projects
~.
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Diane Crane lacopi f) (lTt 0 N if eX r;~If-{~
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Sent: Tuesday, August 15, 2006 10:56 AM ..
To: Diane Crane lacopi rfo 6e brA. t ~ c,( fLR..X-1- tJee /( "
Subject: Re: FW: TPSL field use of McKegney Green
Hi Diane,
DIGEST
*
Any additional parking for the Aug 26/27 weekend at Blackie's would be appreciated, I'm sure. Both
days there will be game running back to back all day.
As for the regular season weekend games, we have games running back to back on some days, other days
are very light. Once I receive confirmation of all of our scheduled games, I can provide you with an
outline of our use on the weekend if you want. Saturdays are usually the heavier use days. And, the last
weekend of the month is usually light to almost no use. It's no more use that we've had in the past.
Our annual board meeting will be in January so we have a bit of time to schedule that. I will address this
at our next meeting and get a date so we can book early.
Thanks so much,
Kim
In a message dated 8/15/2006 9:10:54 A.M. Pacific Daylight Time, DCrane@ci.tiburon.ca.us writes:
Dear Kim, Thank you so much! Now I know who the "go-to" person is!
From what I can tell from this schedule, additional parking will be needed for the August 26/27
tournament at the very least.
Do you anticipate a lot of players/spectators for the September 9 through November weekend games?
We look forward to working with you; .btw, are you planning your annual meeting here in the Chambers
sometime soon? Let me know.
Thanks again,
Diane Crane lacopi
Tiburon Town Clerk
8/17/2006
McKegney Field Use
Tiburon Peninsula Soccer League
2006 Season
August 1-18: team camps and practices starting as early as 9:00 AM until dusk.
August 12-13: UI0 Jamboree, 2 Under 10 fields lined and games going on from 9:00
AM until 5:00 PM
August 14 through mid November: Mondays through Fridays, team practices from 3:30-
dusk.
f
August 26-27: Fall Kickoff Tournament, tournament games over the weekend from 8
AM until dusk,
September 9 through mid November: Saturday and Sunday games starting at 9:00 AM
until dusk.
Other weekends: we may have the occasional friendly scrimmage game but field use
would be very light.
After mid November, we usually fence off the field to let it rest for a few months. Please
let me know if you need additional information.
Kim Stibich
Administrator, TPSL
Stibich{cV,aol.com
945-0928
TOWN OF TIBURON
L(,
POLICE DEPARTMENT
MATTHEW C. ODETTO
Chief of Police
IJIG~8"
Date: August 16, 2006
Dianne Steinhauser, Executive Director
Transportation Authority of Marin
P.O. Box 4186
San Rafael CA. 94913-4186
Dear Ms. Steinhauser,
This letter will serve as authorization for the Transportation Authority of Marin to
provide school crossing guard services within the Town of Tiburon, pursuant to
California Vehicle Code Section 2815. It is my understanding the crossing guard
company, All City Management Services, will provide crossing guards for the following
locations:
. Tiburon Blvd. and Blackfield Dr., Bel Aire School, Tiburon.
. Karen Way at the school entrance, Bel Aire School, Tiburon
. Tiburon Blvd. and Trestle Glen, Del Mar School, Tiburon.
. Tiburon Blvd. and A venida Miraflores, Del Mar School, Tiburon.
. A venida Miraflores fronting the school, Del Mar School, Tiburon
. Tiburon Blvd. and Lyford Dr, Reed School, Tiburon.
If you have any questions, please feel free to contact me directly.
Sincerely,
~
Matthew C. Odetto, Chief of Police
Town of Tiburon
cc. Christine Carter, Reed Union School District
Nicholas Nguyen, Director of Public Works
Town Council Digest
CARING "'COMPETENCE~COMMITMENT
1155 Tiburon Boulevard · Tiburon, CA 94920 · (415) 789-2801 · Fax: (415) 789-2828
HENRY HEROLD ARCHITECT
ARCHITECTURE - PLANNING
INTERIOR DESIGN
IJ 5.
'1G~8r
RECEIVED
AUG 1 4 2006
2 Davis Drive. TIBURON, CA 94920 . TEL: 415-435-0326 · FAX: 415-435-5321
August 10, 2006
Marin County Housing Authority
Marin Board of Supervisors
4040 Civic Center Drive
San Rafael, California 94903
Attn: Maurice W olohan
Town of Tiburon
Town Council
1505 Tiburon Boulevard
Tiburon, California 94920
Attn: Heidi Bigall
TOWN MANAGU,:S OFFICE
TOWN OF TI8URON
Re: Request for all documentation and source of determination of the exploitive BMR Re-Sale Price
6 Marsh Road, Tiburon, California
Dear Town and Authority:
I am in receipt of the Town letter dated August 2, 2006. The Town states that the Housing
Authority practice is responsible for the ambiguous 4% per annum tabulation. My letter of July 21~ 2006
requests under the California Public Records Act (CA PRA) the following information with its source
from the Town or the Authority, as applicable.
1. Who determined the unfair and exploitive re-sale condition initially, the Authority or the
Town? This re-sale condition with its low, one-third Consumer Price Index, provides only
$116,061.00 from a $97,435.00 purchase price, almost twenty years ago, providing only a
$19,246.00 increase, which is so far below normal inflationary indexes as to create an
exploitive loss for the middle-income buyers. Who determined this?
2. The initial buyers' purchased the BMR units with a median-income tabulation. In fairness, it
should be sold to the next purchaser under the same tabulation method, which would be
$209,466.00 (this is slightly higher than a fair 40/0 per annum compounded rate).
If the Town as agent sells the BMR unit purchased under the initial median-income
tabulation, it would sell for $209,466.00. The 4% per annum simple interest gives a price to
the Town of $161,435.00, which is an exploitive windfall of $48,000.00. Under the initial
low one-third Consumer Price Index tabulation of $116,671.00, it would be a windfall for the
Town of$92,795.00.
If sold under the current median-income formula for $209,466.00, how is this windfall - at
the expense of the middle-income sellers - to be directed?
3. What was the intention of the 4% per annum unwritten "price flo,or" tabulation if not to bring
the re-purchasing price to be in line with the initial median-income tabulation that occurred
twenty years before?
4. When was this "unWritten practice" of applying the 4% per annum to earlier contract Re-Sale
Option agreements as a "price floor" implemented? Since this was a contractual Re-Sale
Option adjustment, why was it "unwritten"? There must have been -some correspondence or
record of this and request is made for its disclosure.
Marin County Housing Authority / Town of Tiburon
August 10, 2006
Page Two
5. Was there any fair due disclosure to the owners of this "unwritten" alteration to the BMR
unit owners' re-sale option contract as required by California Real Estate Law as follows:
Article 1:2 OPtions. "An option must contain all the material terms of a
transaction. These must be stated with specificity." (4% per annum
without stating simple or compound interest makes the tabulation unclear
and ambiguous).
Options must contain all material terms of a transaction. This must be stated with
specificity.
6. Further California Real Estate Contract Law provides the following:
Article 1 :128. Partial Disclosure Corrections of Errors. "Qualifications to
representations must be disclosed."
'Article 1: 124. Assignment of Contracts. "Performance conditioned on a future
event." (re-sale). "When a performance is to be conditioned on the occurrence of
any future event (re~sale) the nature of the condition must be clearly specified.
The obligation of the parties should be clarified if the event does not occur." (i.e.,
the lower, unfair exploitive price of one-third Consumer Price Index of
$116,671.00).
Article 1:161. When A True Statement Becomes False. "When a representation
is true at the time it was made becomes false by subsequent events, and before a
change of position by the other party, the party making the representation has a
duty to disclose the falsity to the other party.
In this case the facts (terms of re-sale) are treated as a course of continuous
conduct and if the earlier statement is not corrected (by Authority or Town),
there is actionable misrepresentation."
Please indicate all material and the source (either the Town or the Authority) of the one-third
Consumer Price Index markdown providing unjust enrichment at the expense of the initial middle-
class BMR owners. Thank you for your prompt response.
Sincerely,
~d~
HH/dm
cc: State Representative Nation
State Senator Migden
HENRY HEROLD ARCHITECT
ARCHITECTURE - PLANNING
INTERIOR DESIGN
2 Davis Drive. TIBURON, CA 94920 . TEL: 415-435-0326 . FAX: 415-435-5321
RECEIVED
AUG 1 4 2006
August 10,2006
TOWN MANAGERS OFFICE
TOWN OF TIBURON
Carole Migden, Senator 3rd District
3501 Civic Center Drive, Room 420
San Rafael, California 94903
Reference:
Exploitation of Open Space and Homeownership Program by the Tiburon Town
Manager and Staff .
Dear Ms. Migden:
Enclosed is another letter to apprise you on the above-referenced topic. Please contact me
if you need any further information or assistance.
Thank you for reviewing and putting forth necessary legislation to prevent the misuse of
these programs in the public interest.
Sincerely,
f~o~
HH/dm
Town ofTiburon · 1505 Tiburon Boulevard · liburon, CA 94920 · P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us
August 2, 2006
RECEIVED
AUG 1 4 lGCl
TOWN MAN",!,.\t:"~( .~1<C .
, 'j ,;,i - f <,~.-, i ,k .f.I,.....r-
TOWN I; ',. ., \J1;:
......,. , It..;....1; \ '../I\~
Mr. Henry Herold
2 Davis Drive
Tiburon, CA 94920
SUBJECT: Determination of Current BMR Resale Price
6 Marsh Road, Tiburon, California
Dear Mr. Herold:
I am in receipt of your letter dated July 21, 2006 in which you request the Town of
Tiburon to recalculate the formula for the resale price of your unit at 6 Marsh Road.
You request the Town use a 40/0 compounded annual interest rate on the original
purchase price plus all related closing costs ($97,434.90) to determine the resale
value. This request was based on my letter to you dated July 11, 2006 in which the
Housing Authority calculated the resale value of your unit at $161,435. This
calculation was based on the original purchase price of $91,700, increased by 401<>
simple interest per annum.
Please note that the option agreement applicable to your unit does not provide for the
4%) formula. The Housing Authority added this "price floor" to later agreements,
always using simple interest, and has adopted the unwritten practice of applying it to
earlier agreements such as yours. I am unwilling to change the calculation method
that has been used in all previous resale of BMR units in this development. I am also
not able to provide you with a written source for the 4%) simple interest rate, because it
comes from the Housing Authority's practice. Please note that if the Town used the
formulas provided for in your Grant Deed, the resale price would be $116,671.
PI~ase be advised that the Town of Tiburon desires to exercise its option to purchase
you'l\ unit should you choose to sell. However, if you feel that you have made
improvements to your unit that would warrant an increase to the established resale
price of $161 ,435, I would be interested in knowing.
Sincerely,
tlo-L--:' cl;,~
~~
Heidi Bigall
Interim Town Manager
c-Town Council
Town Attorney
BELVEDERE-TIBURON LANDMARKS SOCIETY
PO, Box 134 Belvedere- Tiburon. California 94920 415-435-1853
Landmarks Society D RA WIN G
A
Non-Profit Charitable
Organization
50 I (C)(3)
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RECEIVED
AUG 1 4 2006
TOWN MANAGERS OFFICE
TOWN OF TlBURON
ENTER the FISCAL FITNESS FUND DRAWING NOW!
This year the Landmarks Society has successfully enhanced our community outreach programs AND
added space for our (ever-expanding) historical collections. To help underwrite these efforts, Landmarks
is holding a Fiscal Fitness Fund Drawing. The goal is to raise $20,000 by September 3D, 2006, the end of
our Fiscal Year.
ENTER NOW TO WIN:
o Each $1,000 donation will be eligible to win a beautiful teak bench at the Art & Garden
Center, complete with an engraved brass plaque with your choice of inscription.
o Each $100 donation will be eligible to win an autographed copy of the out-ot-print book
Tiburon. A California Railroad Town.
Historically yours,
~C~~
Phil Cassou
President, Board of Directors
~___L~ -.
. ~ r----O - ._ A..L. r~
Beverly W. Bastian
Honorary President
---Detach & Mail by September 15, 2006----Enter me in the Fiscal Fitness Fund Drawing!--
Name Address
Email
Telephone
Amount of contribution:
Credit Card #:
Expiration date: Signature:
I msa ffi e e@sbeqlabe I. net WWW .1 end marks-sac ie tv. orq
HOllorary President: Beverly Wright BastianHonorary Members: Rose R. Verrall*, Thomas M, Lacey, Caroline S, Livermore', Thomas B, Crowley', William R.D, & Dorothy Cuthbertson',
Marion p, Allen', Winifred B, Allen', Elizabeth Terwilliger, Britton Rey',Peter Behr', Helen G, Booth', Gordon W, Strawbridge', Russell & Bernidet Kei!*, Frederick & Juanita Zelinsky',
Miriam B, Grbac', Admiral CN, Payne, Ir,', Phyllis Ellman, Thomas' & Jeanne Price, Maria Woodward, Helen Newman', David & Louise Teather', David Allen', Howard Allen,
Erwin Farley', Esther Meyer', Barbara Gnoss, Robert Van Blaricom, Shirley Mitchell, Edward G, Zelinsky', George Gnoss, Ron Ryland, Patricia Locke, Helen Benedict', Anna Jean Cole',
Ann N, Allen, Lewis Vogler, G, Roger Felton, Thomas E, Brown, Betty McKegney, William R. Kimball*, Marty Gordon, Frank & Maureen Buscher, Gabrielle D, KeiL 'Deceased
h
~/,.,.
Q~8~.
Please join the Transportation Alliance and
Norman Y. Mineta
Former U .8. Secretary of Transportation
Kick off the SMART Train Campaign!
DATE: Tuesday, August 22, 2006
TIME: Noon
WHERE: San Rafael Transit Center,
890 Tamalpais Ave
San Rafael, CA
For more information or questions, please call
Georgine Tnljillo (415) 999-6875.
Parking available at Whistle Stop
IT'S TIME TO GET ON BOARD
Ms. Heidi Bignall
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
ComcastCable DI(J~~r
12647 Alcosta Boulevard . g
Suite 200
San Ramon, CA 94583 RECEI
Office: 925,973,7000 VE 0
Fax: 925,973.7015
www,comcast.com AUG 1 5 2006
TOWN MANAGERS OFFICE
TOWN OF TI8URON
<b.
@omcast
August 9, 2006
Dear Ms. Heidi Bignall:
As you may already be aware of, it is our goal at Comcast to ensure that your
office remains informed of the programming services we offer to our customers
who reside in your community.
In keeping with that goal we are sending you this letter to inform you of our
intention to adjust the current channel line-up in your community.
Effective September 5, 2006 we will remove the CasaClub TV channel from
channel 600 and add the VeneMovies channel to the line up at channel 600 on the
Hispanic tier of services. VeneMovies offers a comprehensive collection of current
movies in Spanish and original productions; the biggest blockbusters from Mexico,
Colombia, Puerto Rico, Argentina, Chile, Venezuela and other Spanish speaking
countries with no commercial breaks, 24 HOURS A DAY!
These adjustments will not result in a price increase at this time.
If you should have any questions or concerns regarding the matter, .please feel free
to contact your local Government Affairs Director, Kathi Noe at (707) 541-3502.
Si~
~
Mitzi Givens-Russell
Government Affairs Manager
Franchise Compliance-Bay Market
Cc: Martin Nichols, Executive Director, Marin Telecommunications Agency
q
@omcast
Comcast Cable ~ ~
12647 Alcosta Boulevard ~" -
Suite 200 ~~
San Ramon, CA 94583 ~e~
August 10, 2006
Ms. Heidi Bignall
T own of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
Dear Ms. Heidi Bignall:
RECEIVED
AUG 1 5 2006
TOWN MANAGERS OFFICE
TOWN OF TIBURON
As you may already know, it is our goal at Comcast Cable to ensure that your office remains
informed of the programming services that we offer to our subscribers who reside in your
community:
In pursuit of keeping with that goal, we are sending you this letter. We are excited to inform you
of a Digital programming addition that took place in your community on July 26, 2006! Comcast
added the KFTY channel to the Limited Basic level of service on channel 199.
The KFTY channel is available to all Limited Basic subscribers with a Digital Control Terminal at
no extra charge.
This addition will not result in a price increase at this time.
If you should have any questions or concerns regarding the matter please feel free to contact
your local Government Affairs Director, Kathi Noe at (707) 541-3502.
Sincerely,
~~
Mitzi Givens-Russell
~n\!ornrnontAff~airc ""a'naner
'l~.. w--.". i; i"",.. . . -, I!,'-"" IV,,- ,..,.~..
Franchise Compliance-Bay Market
Cc: Mr. Martin Nichols, Executive Director, Marin Telecommunications Agency
/0-
@omcast,
August 16, 2006
Comeast Cable
12647 Aleosta Boulevard
Suite 200
San Ramon, CA 94583
Office: 925,973,7000
Fax: 925,973,7015
www,eomeast.eom
Ms. Heidi Bignall
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
Dear Ms. Heidi Bignall:
As you may already know, it is our goal at Comcast to ensure that your office
remains informed of the ongoing programming enhancements that affect our
customers who reside in your community.
In an effort to meet our goal we are sending you this letter.
Effective September 20, 2006 Comcast plans to make the following adjustments to
the existing programming line-up:
Action
Drop
Add
Add
Channel Name
INHD 2
TV One
TNT HD
Channel Location
720
483
726
Level of Service
High Definition
Digital Classic
High Definition
Customers will be informed of the adjustment via a message on their Digital
Control Terminal.
This programming adjustment will not result in a price increase at this time.
If you should have any questions or concerns, please feel free to contact your local
Government Affairs Director, Kathi Noe at (707) 541-3502.
Sincerely,
~
Mitzi Givens-Russell
Government Affairs Manager
Franchise Compliance-Bay Market
Cc: Martin Nichols, Executive Director, Marin Telecommunications Agency
/1.
MINUTES #13
TmURON DESIGN REVIEW BOARD
MEETING OF AUGUST 3, 2006
()IG~
~8r
The meeting was opened at 7:00 p.m. by Chair Bird.
A. ROLL CALL
Present:
Chair Bird, Boardmembers Beales, Frymier and Teiser
Absent:
Boardmember Doyle
Ex-Officio:
Planning Manager Watrous, Associate Planner Tyler and Minutes
Clerk Ashworth
B. PUBLIC COMMENTS
There were none.
C. STAFF BRIEFING
Planning Manager Watrous announced that the project for 8 Acela Drive was continued
to the August 17 meeting and the project for 5 Rolling Hills Road was continued to the
September 7 meeting. He introduced and welcomed Roxanne Ashworth as the new
Minutes Clerk for the Board.
D. CONSENT CALENDAR
1.
41 MAIN STREET
CACERES, SIGN
The applicant is requesting approval for one on-building sign for the purpose of
advertising a new restaurant at 41 Main Street in Downtown Tiburon. The sign would be
located directly above the front entrance to the new restaurant facing Main Street. Sign
materials would consist ofb1ack metal lettering spelling "Ginza Sushi" and would be
back-lit with white neon to create a halo effect around the lettering.
Tommy Y oon, applicant's representative, described the requested sign design. In
response to questions from the Board, he said that it would be possible to reduce the size
of the sign to comply with the sign area requirements for the building.
Boardmember Beales stated that this would be a nice looking sign when it has been
reduced to the appropriate size.
Chair Bird stated that the lighting for the sign would be subtle.
TmURON D.R.B.
8/3/06
1
MIS, Bealesffeiser (passed 4-0) to determine that the project is categorically exempt
from the provisions of CEQA and approve the application subject to the conditions
of approval as set forth in the Staff report.
2.
43 MAIN STREET
CORINTmAN YACHT CLUB, SIGN
The applicant is requesting approval for one arched entry sign for the purposes of
identifying the Corinthian Yacht Club on the property located at 43 Main Street, in
downtown Tiburon. The sign would be located approximately 53' from Main Street,
suspended from a wooden arch at the entrance to the club parking lot. Sign materials
would consist of wood and sandblasted sign foam No illumination is proposed.
Aubrey Klein, Club Captain and Chief Executive Officer of the Corinthian Yacht Club,
stated that the requested sign would replace a previously removed sign. He said that the
height of the sign was necessary to allow delivery trucks to pass beneath. He stated that
the size of the sign certainly could be reduced. He reiterated that there was a sign there
years ago, with the same vehicles coming through so that is why they are requesting this
height for the sign.
Boardmember Beale asked about the purpose of the sign. Klein responded that it is just
for informational purposes. He described the previous sign that had been there. He said
that they also had a sign over the entryway and a secondary sign put up on special .
occasions attached to a pole.
Chair Bird asked if there were any photos of the old sign. Mr. Klein responded that the
old sign was plywood and really awful looking. Boardmember Beales said that there were
signs on the gateposts that were not that visible.
Boardmember Tesier said that the proposed sign would not be visible until someone is in
the driveway and asked if it would be better to have a smaller sign in another location.
Mr. Klein replied that that alternative has been considered, but it would require mounting
a sign on someone else's property; the proposed sign would be visible from Main Street
and Ark Row.
Attorney Ron Goldman stated that the sign would not be visible from the street, because
everyone always pulls in there to see if they are at the correct yacht club. He, stated that
there are four signs on the site that all contain wording that indicate the Corinthian Yacht
Club, so the property is well signed. He noted that many of these signs are exempt from
permits. He stated that his greatest concern is that the sign would block views from his
office window. He felt that the sign would not be aesthetically consistent with the area.
Chair Bird asked Mr. Goldman ifhe would be happier if the smaller signs were removed
in place of this sign. Mr. Goldman said that his concern with this sign is aesthetic and the
impact to his small slice of a view.
Boardmember Beales stated that the sign was attractive, but is excessively high. He said
that if the sign was lower trucks could not get through and it would block neighbors'
TffiURON D.R.B.
8/3/06
2
views. He stated that signs are meant to attract the public to a specific place, and that this
would be a vanity sign for a private clubhouse where the members all know where it is.
He said that he cannot support the sign application as presented.
Boardmember Teiser stated that he also cannot support this application. He said that if
the purpose of the sign is to let people know where the club is, it does not serve that
purpose. He hoped that the club can work with the neighbors to come up with a more
appropriate sign design.
Boardmember Frymier states that she also did not understand the purpose of this sign.
She said that a smaller sign that would be more consistent with others on Main Street
would be better.
Chair Bird states that she thought that this was an attractive sign. She understood the
need for the sign, stating that she had previously attended an event at the Corinthian
Yacht Club and she could not find it. She expressed a desire to have the club work with
the neighbors on an appropriate sign design, but did not want to cloud the issue with
other concerns about the club. '
MIS, Bealesrreiser (passed 4-0) to continue this item to the October 5, 2006 meeting.
E. OLD BUSINESS BEFORE THE BOARD
3.
490 RIDGE ROAD
DUNPHY, ADDITIONSN ARIANCE
LOT SIZE
FLOOR AREA
LOT COVERAGE
BUILDING HEIGHT
SIDE YARDS
FRONT YARD
REAR YARD
V ARIANCESIEXCEPTION
DANmL AND LfflDA DUNPHY
EXISTING PROPOSED REQUIRED
21,660 S.F. NA NA
3,161 4,121 4,166MAX
17.0% 17.5% 15.0% MAX
22'6" 23'6" 30' MAX
9' & 19'8" 13' & 15'3" 15'
5' 5' 30'
102' 89' 25'
REDUCED SIDE YARD SETBACK
. 490 RIDGE ROAD
The applicant is requesting Design Review approval to construct additions to an existing
two-story single-family dwelling located at 490 Ridge Road. Additions to the upper level
of the house would include an expanded entry to the front, expanded master bedroom and
study to the rear, a new family room and an expanded kitchen. The lower level of the
house would be expanded to the rear to add a play room and expand two bedrooms. A
trellis would be placed above much of the upper level deck. An existing garage would be
removed and replaced with a cabana with an open trellis roof and an adjacent bathroom.
A variance is requested for reduced side yard setback.
TIBURON D.R.B.
813/06
3
Roger Hartley, project designer and engineer, described the proposed project. He said
that this is an extensive remodeling of the existing house, due to the condition of the
house having at least four years of deferred maintenance. He described changes made to
the project design in response to concerns from the neighbor regarding possible view
impacts. He said that the master bedroom addition was scaled back to essentially a bay
window projection. He stated that a metal roof would be installed and distributed a color
sample of the material.
Boardmember T eiser noted that the staff report contained a question about whether
skylights shown on the plans were existing or proposed. Mr. Hartley responded that six
new skylights are proposed to be installed.
Pamela Peterson stated that she was representing both herself and Richard Dwyer, who
lives next door to the project and could not attend the meeting. She said that Mr. Dwyer
had viewed the revised story poles and unfortunately he is still not satisfied. She said that
he would like to preserve his view exactly the way it is. She distributed a photo showing
the view of the story poles from Mr. Dwyer's deck off the living room and dining room
She was concerned that once a small encroachment into the view is approved, there is no
going back. As for herself: she was concerned about viewing skylights, as she has a view
across the roof the house which could be affected. She asked for markings on the mofto
show the skylight locations. She also asked for information on the roofheight and
whether the pizza oven would have a tall chimney. She asked that any new trees not be
too tall, as the trees could also grow into her views.
Leann Baker stated that she is a downhill neighbor and her only potential issue was
regarding potential privacy impacts from the new deck.
Mr. Hartley stated that the roofline is not being raised at the ridge line but rather would be
raised from the edges. He said that he did not think that the skylights would be visible
from uphill.
Dan Dunphy, owner, stated that he wants to be a good neighbor. He said that the new
trees would be olive trees, as he is in the process of making olive oil. Olive trees grow to
about twelve feet at maturity. He said that the downhill neighbors would be looking up at
the trees, not the deck. He described the history of the previous property owner and the
trees, and stated that he would be willing to trim the trees.
Boardmember Frymier stated that the Golden Gate Bridge view impact from Mr.
Dwyer's house is a concern. She said that she would need a better feel for the possible
impacts from the skylights. She felt that the project was a beautiful concept, and
acknowledged that the applicant had made efforts to work with the neighbors.
Boardmember T eiser stated that the view blockage would not be from an interior living
area, but from one spot on an exterior deck. He said that he was unsure whether the Board
has enough information on the skylights, but perhaps Staff could review those later.
TIBURON D.R.D.
8/3/06
4
Boardmember Beales agreed that the view impacts would only be from a comer of a deck.
He stated that there is a misconception about skylights, as the requirements about tinting the
glass and eliminating lights in the wells often make skylights no different from windows as
far as light pollution. He said that cutting back the addition to a bay window was very
considerate of the architect and the owner, and that he supports the project as it is.
Chair Bird agreed that pulling back the bedroom addition was very considerate, and that
the view blockage :from a deck is not the same as from an interior living area. She said
that she thought that the skylights would not be as bad as the neighbors fear. She
expressed surprise that there were no objections about the red root: as this will be a very
large roof. She said that she supports the project as it is, but would like to see Staff
review the skylights from the Ms. Peterson's house.
MIS, Bealestreiser (passed 3-1, Frymier dissenting) to determine that the project is
categorically exempt from the provisions of CEQA and approve the appUcation
subject to the conditions of approval as set forth in the Staff report, with the
additional condition of approval that StatT review the placement of skylights from
the home at 510 Ridge Road.
F. NEW BUSINESS BEFORE THE BOARD
4.
15 VENUS COURT
BRECK, ADDITIONS
15 VENUS COURT
LOT SIZE
FLOOR AREA
LOT COVERAGE
BUILDING HEIGHT
SIDE YARDS
FRONT YARD
REAR YARD
V ARlANCESIEXCEPTION
WILLIAM AND MARY BRECK
EXISTING PROPOSED REQUIRED
10,711 S.F. NA NA
1,952 2,587 3,071 MAX
18.2% 19.8% 30.0% MAX
15' 23'5" 30' MAX
8' & 5'4" 8' & 5'4" 8'
19' 19' 15'
60' 60' 25'
NONE
The applicant has submitted a request for Site Plan and Architectural Review for
additions to the single-family dwelling located at 15 Venus Court. Additions include an
entry foyer, two bay windows and a second floor master bedroom and bathroom, totaling
755 square feet. Also proposed are an entry trellis, three skylights and a new garage
door. The proposal to expand the existing dwelling unit will add approximately 113
square feet of floor area at the front of the house (east) to create an entry foyer and a bay
window, 10 square feet to the rear (west) of the structure for an additional bay window,
and a 632 square foot second story, which will contain a master bedroom and bathroom.
Laura Conte, architect, described the proposed project. She described different options
for expanding the house that were explored. She said that the owners had met with the
TmURON D.R.B.
8/3/06
5
neighboring property owner, who had concerns about impacts from the possible
construction, including noise and vibration. She said that the owners had also held an
open house for the neighbors to review the addition, and had received positive comments
on the design. In response to a question from the Board, she stated that the existing
house foundation would not be removed.
Rebecca Ets Hokin stated that she and her husband Joshua have lived in the
neighborhood for fifteen years. She supported the project, noting that the first remodel of
this house was done beautifully and think that this one will go well too.
Boardmember Beales stated that he was initially concerned about the second floor, but
noted that ibere are other two-story homes in the area.
Boardmember Teiser stated that this is a wonderful neighborhood and complimented the
owners on working with the neighbors.
Boardmember Frymier stated that this would be an enormous upgrade to the house and
would add a lot of appeal to the home.
Chair Bird stated that this is a beautifully design project that would be sensitive to its
surroundings.
MIS, Bealeslfeiser (passed 4-0) to determine that the project is categorically exempt
from the provisions of CEQA and to approve the app6cation subjeet to the
conditions of approval as set forth in the StatJ report.
s. 5 ROLLING HILLS ROAD WESTERN LIABILITY INSURANCE,
ADDITIONS - CONTINUED TO SEPTEMBER 7, 2006
6. 8 ACELA DRIVE OLLENDORFF, NEW DWELLING/ADDITIONSIFLOOR
AREA EXCEPTION - CONTINUED TO AUGUST 17,2006
F. APPROVAL OF MINUTES #12 OF THE 7/20/06 DESIGN REVIEW
BOARD MEETING
There were no corrections to the minutes.
MIS, Bealestreiser (passed 4..0) to approve the minutes as written.
G. ADJOURNMENT
The meeting was adjourned at 8:20 p.rn.
TmURON D.R.B.
8/3/06
6
rJ.
ACTION MINUTES #14
/. - ~
IJIG~8"
TIBURON DESIGN REVIEW BOARD
THURSDAY, AUGUST 17,2006
1505 TIBURON BOULEVARD
A.
ROLL CALL: Present -
Absent -
Ex-Officio -
Chair Bird, Boardmembers Doyle, Beales, Frymier and Teiser
None
Planning Manager Watrous, Associate Planner Tyler and
Minutes Clerk Ashworth
B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA)
C. STAFF BRIEFING
D. OLD BUSINESS BEFORE THE ROAD
1.
1911 Mar West St. Balog
New DwellingN ar./Fl. Area Excpt. CONTINUED TO 9/21/06
E. NEW BUSINESS BEFORE THE ROAD
2.
3.
4.
270 Blackfield Drive Harney
3 Rolling Hills Road Jansheshki
8 Acela Drive Ollendorff
Additions/Floor Area Exception APPROVED
Additions APPROVED
New DwellingN ar./Fl. Area Excpt. CONTINUED TO 9/21/06
F. APPROVAL OF MINUTES OF THE 8/3/06 D.R.B. MEETING - APPROVED AS AMENDED
G. ADJOURNMENT - 9:15 P.M.
I).
RICHARDSON'S BAY REGIONAL AGENCY ~~
Thursday, August 17, 2006 ~r
5:30 P.M. to 6:30 P.M.
Sausalito City Council Chambers 420 Litho Street Sausalito, CA
PUBLIC COMMENT IS INVITED CONCERNING EACH AGENDIZED ITEM PURSUANT TO THE
BROWN ACT. PLEASE LIMIT YOUR COMMENTS TO THREE (3) MINUTES.
AGENDA
5:30 P.M. CALL TO ORDER - ROLL CALL.
REceIVED
AUG 1 4 2006
1. Minutes of June 15, 2006 Meeting
TOWN MANAGERS OFFICE
TOWN OF TIBURON
2. Review report of Harbor Administrator
3. Rapid Response Program discussion
4. Approval of prior expenditures for month of June, 2006
a. End of the year report
5. Mooring Plan budget status
6. Discussion of RBRA - Sausalito Police Department patrol vessel joint use
a. Draft boat share agreement
7. Public comments invited concerning items NOT on this Agenda (3-minute limit)
8. Staff comments
9. Board member matters
Adjourn. NEXT MEETING: Tentatively planned for October 19, 2006. Please review
your calendars and advise Staff on your availability.
A complete agenda packet is available for viewing at the Sausalito city library. To receive
meeting notices via email, please email Don Allee at dallee(ji)cO.nlarin.ca.us and request to be
added to the meeting notice emaillist.
Marin County Community Development Agency, 3501 Civic Center Dr. Room 308, San Rafael, CA 94903
Office 415/289-4143 bprice@co.marin.ca.us
RICHARDSON'S BAY REGIONAL AGENCY
REGULAR MEETING
MINUTES OF JUNE 15, 2006
HELD AT SAUSALITO CITY HALL CHAMBERS
MEMBERS PRESENT: Board Chairman Paul Albritton (Sausalito); Charles
McGlashan, (Marin County); Jerry Butler; (Belvedere); Chris Raker, (Mill Valley)
ABSENT: Paul Smith, (Tiburon)
STAFF: Bill Price (Harbor Administrator); Ben Berto (RBRA Clerk)
Session Called to Order at 1730 hours.
Minutes of April 20, 2006 Meeting
Minutes were approved unanimously.
Chairman Albritton's request that all future meeting be recorded is being accomplished
now through the use of the City's computerized recording system. All future meetings,
will be recorded to CD with this system.
Accept Report of Harbor Administrator
Mr. Price was asked to provide a year-end report on the number of vessels wrecked by
RBRA.' There was a discussion of-reporting the scenarios by ,which RBRA ends up with
vessels to be wrecked.
Chairman Albritton informed Staff that there was a local high school "Coastal Patrol"
program that might assist in cleaning up beaches. Member Raker asked about the Clean
Marina program and Staff explained that this program has tended in the past to single out
boaters as the main source of non-point source pollution, and that after years of boater's
organizations refuting these claims, the regulators are beginning to realize that boaters
are not the culprits.
Report was approved unanimously.
Approval of prior expenditures for months of April and May 2006
The expenditure reports were approved unanimously.
Policies on drifting vessels
The draft letter to the residents of West Shore Road was reviewed. Member McGlashan
asked who would be first point of contact; he wanted the RBRA to be called first.
Chairman Albritton asked that a paragraph be added explaining that the letter proposed
an interim solution. Member Butler was interested in having the letter go out quickly, to
provide the residents with a "what do I do today" plan. Chairman Albritton discussed the
need for a proper legal disclaimer and Counsel Vuillermet said she would work with staff
to craft that in the final draft. Member McGlashan wanted to outline the interim, short-
term, and long-term solutions that were being worked on. Chairman Albritton asked that
we get the interim solution with its immediate advice out to the residents immediately,
and he asked that Staff include the monetary costs in their bUdget review for FY 06/07.
The letter was approved with recommended chances and the Board will have a final
chance for review before the letter is sent out to residents.
Mooring Plan discussion
Member Raker began the discussion by asking if the sub-committee should seek out Will
Travis, BCDC's director, and ask him about the basic legal objections. Member
McGlashan said that Travis and Ellen Sampson seemed to differ in their interpretations
of the law, and that we would need to get through the quagmire. Member Butler thought
the program would be better received if it carried a guaranteed I 0% annual reduction in
the number of anchorouts. Chainnan Albritton stated that BCDC would not accept an
illegal program, and that we would have to sell it to the Commission as an achievable
enforcement program. He also stressed the need for public buy-in. Member Butler
thought an attomey to attomey approach might be most Productive, and Mr. Berto
suggested that we might bring in Clem Shute, who helped draft the Richardson Bay
Special Area Plan, as a consultant to do this Work. He explained that we were looking
at a two-year time frame at a minimum for the approval process.
Discussion of Sausalito Police Department's proposal to share patrol vessel with
RRBA
Chainnan Albritton said that the Sausalito CityAttomey was drafting an MOD. Member
Raker asked about the potential for vandalism, and wanted to be sure that the RBRA had
priority use on the vessel. Mr. Price advised that there would be clauses in the MOD that
covered both issues. Chainnan Albritton said that RBRA should also put an "Out clause"
in the MOD. Mr. Price stated that Communications between law enforcement and the
RBRA had been much better, and that he believed that the program would work well.
Both Member Raker and Chainnan Albritton stressed that this program should be run as
a trial program for a limited time and a structured review, and they asked that the Draft
MOD be circulated for the Board's review.
Rapid Response Program update
After presentation of a draft letter to the West Shore Road residents, Member Raker
asked that the "call order" be changed to have the RBRA first on the list, then the
contract salvage expert, so that the RBRA response could get underway if possible.
Chainnan Albritton had questions regarding who would be financially responsible for a
vessel adrift versus a vessel hitting a private dock, and he didn't want the program
outlined in the draft letter to haunt us from a liability standpoint. He Wanted immunity
from liability and some sort of waiver incorporated into the letter after review by County
Counsel. Member Butler was unclear about the responsibility of the reporter of an
incident, and wanted to get clear on who was responsible for private property incidents.
[Member Raker had to depart at 1925 hours)
Gigi Sims, from Waldo Point Harbor, asked that the Floating Homes Association be
added to the list of homeowners receiving this letter once it is through the draft process.
Member Butler asked ifthere was a way to direct liability back to the vessel owner. Mr.
Price said that most instances would end up with the vessel owner seen as "judgment
proof' due to their limited econQmic status. Member McGlashan stated that the Mooring
Field plan would alleviate the need for the Rapid Response Program.
It was decided to review the letter with County Counsel and agendize it at the next
RBRA meeting.
Items from the Public
Members of the public who receive agendas in the mail complained that the agendas had
been arriving late. Member Butler and Chairman Albritton asked that the agenda be sent
out electronically, and that Staff also solicit e-mail addresses in the next agenda, to build
an electronic agenda group mailing list in order to e-mail future agendas with a two week
lead time.
Board Member Matters
Member McGlashan reported on the progress of Carol Migden's bill SB 2701 which
allows for land swaps in exchange for underwater paper streets, thus allowing the
houseboat community a chance to secure title to the lots they live above. He also spoke
about the effort to improve the tidal prism at Bothin Marsh, and the long-term vision for
reclaiming the industrial marshfront area in Tam Valley.
Chairman Albritton stated that the bathrooms near the "Tall Building" site should be on
the Sausalito City Council agendas within the next two months, and that the project had
been approved by the former City Engineer
Items from Staff
None
The meeting was adjourned at 1945 hours. The next meeting is scheduled to be held
on August 17,2006, at the Sausalito City Hall Council Chambers at 1730 hours.
Submitted by Bill Price & Ben Berto
RICHARDSON'S BAY REGIONAL AGENCY
HARBOR ADMINISTRATOR'S REPORT
AUGUST 6, 2006
WORKING RELATIONSHIPS
· Dept. of Boating and Waterways - 1) Submitted a claim reimbursement for $26.601. for
demolition costs related to the removal of 17 abandoned watercraft. 2) Reimbursed for
$11,068. for final, pre-grant extension funds on the original A W AF 2003 grant. 3) Working
with Governor' sAbandoned Vessel Advisory Committee to continue moving forward in
addressing this important issue through creation of new laws and programs designed to
alleviate the impact of abandoned derelict vessels on California's waterways. 4) Received
clearance and approval for the joint use of the harbor patrol vessel "Mud Puppy" from DBW.
They have asked to review and comment on the MOD between RBRA and Sausalito PD.
· City of Sausalito - On-the-water training has begun for the four SPD officers who will be
operating the "Mud Puppy".
DEBRIS REMOVAL
· Disposed of 11 vessels as well as 3 skiffs. 6 boats are . currently impounded.
· Community Service Program workers have been maintaining area beaches over the past two
months. Supervised Adult Offender Work Program workers have not conducted additional
concentrated clean-up efforts on beaches during the winter since boat disposal has taken
precedence
· Responded to two calls for two drifting boats off Belvedere. USCG took one in tow while I
was on the way out, and one was aground at San Rafael A venue and removed promptly by
the owner.
WATER QUALITY
· The weekly beach monitoring program is up and running at Schoonmaker Point beach in
Sausalito, and results have been very good, with no closures this season.
OTHER
· Worked with Marin County Public Administrator's office to remove vessels that had
belonged to two deceased anchor-outs. Vessels are being held through probate and it is
expected that they will be disposed of after due process has run out.
· Working with Marin Housing Authority to achieve placement for an anchor-out who is
interested in living ashore.
RICHARDSON'S BAY REGIONAL AGENCY
MEMORANDUM
August 11, 2006
TO: RBRA Board
FROM: Ben Berto, RBRA Clerk
SUBJECT: Rapid Response program liability
Background:
As noted in the June minutes, several Board members raised the issue of potential
liability issues associated with the RBRA Board's direct involvement with a "Rapid
Response" to intercept drifting boats in Richardson's Bay. Staff has investigated the
legal concerns since that meeting. As RBRA Counsel Vuillermet will report, the RBRA
will incur liability if we are involved in the operation of such a program.
Last December's fierce storms resulted in the unfortunate grounding of a vessel under a
resident's dock in Belvedere. RBRA received a number of lawsuit threats following that
incident. Counsel subsequently determined that RBRA has no legal responsibility to
implement a formal drifting boat interception program. Absent a formal program, RBRA
also has no liability in connection with whatever damage drifting vessels may cause.
The Harbor Administrator's efforts to minimize drifting boat and debris problems have
resulted in very few actual problems over the years (in fact, the Harbor Administrator,
with 11 years on the job, cannot recall another instance where the extent of damage
caused last December was matched). Unfortunately, given the immediate proximity of a
some houses in Belvedere to Richardson's Bay, and the results of such proximity to the
dynamics of nature, boats or other debris does from time to time end up bumping into, or
wedged, in somebody's structure. In an effort to address this problem, RBRA has been
exploring the possibility of contracting with a salvage operator who would be able to
provide 24-7 backstop service to the Harbor Administrator's efforts intercepting drifting
vessels or other debris, or quickly removing it if it makes landfall.
Analysis:
Whether or not the RBRA should proceed with direct participation and involvement in a
program that will create new legal liability exposure is a policy question for the Board.
On one hand, RBRA always tries to provide good service to its member jurisdictions and
the citizens of those jurisdictions, and adrift vessels are a legitimate problem and
potential hazard that should be addressed.
One the other, RBRA already intercepts and removes the vast majority of vessels and
other debris in the course of its normal operations. Removing stuck vessels from private
property and structures can raise additional challenges beyond the normal scope of
operations. In some circumstances and conditions, it is neither prudent nor possible for
the Harbor Administrator to single-handedly even attempt removal. Such was the
temporary situation last December. Further, even with the rapid removal and nominal
damages incurred as a result of the wedged vessel, threats of lawsuits abounded,
reminding all of the litigious arena in which a program would operate.
The liability stems from the fact that with such a program, RBRA is in essence saying to
those homeowners, "we']] take care of you." Even with the excellent job already being
done, and likely further improvements with a rapid response program, anyone claiming to
have suffered damages could (and possibly already would have) sued the RBRA about
drifting boat damages. While a carefully worded indemnification form or liability release
would reduce the legal risk to the RBRA from current signors, everyone is familiar with
lawsuits that proceeded apace regardless of such paper constructs. Further, there is no
guarantee that everyone on West Shore Road would be willing to sign, and every time
that a property changes hands, the agreement would be moot.
Regardless of the eventual outcome, RBRA will suffer a financial loss if it is sued.
While RBRA' s insurance company has not returned calls on this question, it is likely that
the current insurance policy does not cover RBRA for any costs associated with such
lawsuits. It may be possible to add a clause or rider to RBRA' s insurance to provide such
coverage, however this will entail additional expense. How well will that insurance serve
RBRA's program, given our limited resources and the possibility of well-financed
litigants?
Staff has attempted to determine the extent of the individual risk to the County through
the County's risk management office. . While so far there has been no reply, a new
program raising legal liability could be of concern to all of RBRA' s member
jurisdictions. Additional indemnification for those jurisdictions might be necessary
before the RBRA could implement such a program. Is every member jurisdiction going
to support additional liability risk?
Recommendation:
Given the unavoidable increased liability exposure resulting from implementation of a
rapid response program by RBRA, Staff recommends against RBRA itself proceeding
with the program. Staff has already outlined the parameters of a rapid response program,
including identifying a salvage operator. It should be possible for the 49 residents on
Belvedere's West Shore Road to implement the program themselves. Any liability
incurred would be limited to the program's direct beneficiaries. The "free rider" problem
could be addressed through the salvage contractor maintaining a list of current
participants. Program non-participants would have to contract separately with the
salvage operator, or wait for the Harbor Administrator to deal with the problem. Drifting
boats rarely cause substantial damage. Within the constraints dictated by liability issues,
if the Board so directs, Staff would be happy to assist Belvedere residents in setting up
their own rapid response program.
2
RICHARDSON'S BAY REGIONAL AGENCY
MEMORANDUM
TO: RBRA Board
FROM: Bill Price
SUBJECT: End of the year Vessel Disposal Report
DATE: August 10,2006
Background:
The Richardson Bay Regional Agency Board has asked for a report that outlines the
number of vessel disposed of in the fiscal year 2005/06.
Status:
The RBRA had a very busy year in the vessel disposal business. From July 2005 to June
2006, the total number of vessels disposed added up to an impressive 66. The size range
was between 20' to 55', with 24 wooden boats, 41 fiberglass boats and 1 ferrocement
boat.
Total disposal costs reimbursed by the A WAF to RBRA (90% of total invoiced costs)
were $99,738.00. The RBRA paid 10% of the total invoiced costs, or $10,822.00.
The majority of the boats were disposed of after being impounded, or signed over by
owners incapable of dealing with them anymore. Two vessels were impounded and
disposed of after washing up onto Belvedere, while another five were retrieved and
disposed of after washing up on beaches in Tiburon and Strawberry. Eleven vessels sank
and were disposed of after salvage.
In addition, approximately 15 vessels were recovered adrift and placed into impound. 11
of these vessels were consequently disposed of after running through their due process.
Recommendation:
In the future, Staff will endeavor to track the vessel type, location, and origin for the
Board's report, while acknowledging that there are practical limits to such efforts.
TR 06 June.xLS
TRIAL BALANCE BY ACCOUNTING DISTRIBUTION THROUGH JUNE 30, 2006
OPENING BALANCE 59,423.61
PV8253 SBC Mobile phone (94.52)
PV0824 Day Labor - Steve Schwartz (75.00)
PV0787 Wedlock - Marine Survey (185.00)
PV0795 San Rafael Yacht Harbor - boat disposal (4,458,25)
PV0786 Hertz Equipment rental - two weeks (1,424.02)
PV0794 Hertz Equipment rental (547,22)
PV0791 Bay Cities Debris boxes . (3,169,00)
PV0797 Henderson Marine - replacement buoys (667.80)
PV2491 Day Labor - Tim Fleshman (170.00)
PV2291 Wedlock - Marine Survey (370,00)
PV2216 Hertz Equipment rental ~522.00)
PV2488 Schoonmaker Point Marina - slip for patrol boat (275.00)
PV2489 Schoonmaker Point Marina - slip for pump-out boat (250.00)
PV2490 Arques Shipyard - impound storage (450.00)
PV2221 Bay Cities Debris boxes (708.00)
PV2215 Port Supply - boat parts (3.99)
PV2217 Independent Journal - public notices (704.48)
PV2486 Pager (8.13)
PV2225 Volunteer lunches (68.89)
PV3471 San Rafael Yacht Harbor - boat disposal (3,500.00)
PV3470 Hertz Equipment rental (505.89)
PV3816 SBC Mobile phone (70,06)
PV4742 Office rent for ICB (420.00)
PV5343 Hertz Equipment rental (477.88)
PV5342 Bay Cities Debris boxes (594.98)
PV2492 Cal Card expenses (473.97)
PV5795 Hertz Equipment rental (520.60)
PV5797 Parker Dive Service - launch vessel off trailer (310.00)
PV5632 Andersons Boatyard - haul and paint "Mud Puppy" (980.33)
CR2658 Close out petty cash 89.58
CR2978 Herrera - boat diposal fees 200.00
CR3567 Clipper Yacht Harbor - boat disposal fees 464.00
CR3656 AWAF reimbursement 1,008.07
JV5778 transfer of cash - year end - 1 (83.01)
JV-029 transfer of cash - year end - 2 (55,25)
JV-030 transfer of cash - year end - 3 (49.35)
JV-022 transfer of cash - year end - 4 (27.50)
ENDING BALANCE 38,965.14
Cal Card breakdown (from line item #15)
Saylor's Landing - volunteer crew lunch (3) 25.65
SBC Internet and fax 124.29
Marin Resource Center - debris fees 72.00
Parking - US Coast Guard 7.00
Parking - Harbormaster's Board Meeting 18.00
Shell Oil - gas for volunteer truck use 25.53
Earthlink internet 5.90
Post Office 10.20
Best Buy - Phone batteries, Camera memory card 75.40
Parking - CCBN meeting SF 15.00
Maximum Oil Service - recycling 95.00
473.97
Page 1
Percent of Budget and Percent of Year as of June 30, 2006
Fiscal Year
Remaining
0%
-
III ...
.
.. II
IE
I III .
I I
-
-
IIlI!
Occurred
100%
Total Budget
Remaining
(4%)
Expenditures vs. Budgeted Expenditures
Expenditures
Adopted Budget
$269,720
$257,276
Expended
104%
Revenue
Realized Revenue vs. Budgeted Revenue
Remaining
0%
Realized Revenue
Budgeted Revenue
$252,543
$250,326
Realized
100%
RICHARDSON'S BAY REGIONAL AGENCY
MEMORANDUM
August 11 , 2006
TO: RBRA Board
FROM: Ben Berto, RBRA Clerk
SUBJECT: Sausalito-RBRA Boat Share Agreement
Background:
On Wednesday RBRA received from Sausalito a draft version of a boat share agreement
between the City of Sausalito/Sausalito Police Department (SPD) and the RBRA. RBRA
Staff and Legal Counsel has quickly looked it over, made some preliminary changes, and
is forwarding our edited version to your Board and the Sausalito City Attorney. Owing to
the extremely short timeframes, with no way to get a response from Sausalito on RBRA' s
edited version before the agenda packet goes out, the attached draft should be considered
very much a work in progress.
Analysis:
RBRA Staff and Counsel are approaching this agreement with several objectives: plan
for the worst but hope for the best; limit RBRA' s operational, legal, and financial
exposure; and keep the level of detail in the agreement within reason. For clarity, staff
will highlight agreement elements under bullet headings by Section:
· Section 1. State Boating and Waterways is included as a signatory to the
agreement to formalize their approval of the same.
· Section 2. RBRA has priority for emergency use. Staff doesn't anticipate this
will be a problem, but ifboth users feel the need for emergency use of the boat,
and cannot agree on who should take it, it's RBRA's boat and we get to use it.
SPD will inform RBRA ahead of time about its schedule for use of the boat, and
all parties will keep a use log.
· Section 3. RBRA and SPD will split the cost of two new motors, estimated to
cost a maximum of approx. $10,000 each. Because RBRA would otherwise
simply swap out like motors in the absence of SPD's need for more horsepower,
any re-instrumentation, new mechanical, hydraulic, etc. equipment will be at
SPD's sole expense. Police specific equipment will also be at SPD's expense.
· Section 4. The anticipated term of use will be for one year, with automatic
renewal unless one party informs the other of intent to non-renew. RBRA is
reserving the right to unilaterally terminate this agreement. While Staff is
proceeding with good faith that the minimum term will be for a year, police
activity and use entails special demands on equipment. Problems may arise that
cannot be easily resolved, or repeatedly reoccur. There may be problems
meeting the spelled out terms of this agreement. In any of these circumstances,
or possibly some other that cannot be anticipated, RBRA must maintain the
protect the functionality and primacy of its boat for RBRA-related purposes. If
the agreement is terminated, RBRA would reimburse Sausalito for a pro-rated
share of the cost of the motors.
· Section 5. To date, the Mud Puppy has experienced almost no unexpected
maintenance or repair down time. Much of the credit for this goes to the skill,
experience, and proactive maintenance of boat's heretofore solo oper~tor, the
Harbor Administrator. Four police officers are currently being trained to pilot
and use the Mud Puppy. It's impossible to predict the extent to which repairs and
maintenance, both expected and unexpected, will increase. Half of annual
maintenance costs will be split by RBRA, plus any damage caused by RBRA
operation. Any SPD-related or damages occurring outside the scope of RBRA
operations will be SPD's responsibility, and RBRA gets to make the final
decision on what repair or maintenance expenses are considered SPD's
responsibility.
· Section 6: Each party shall refill the vessel at its own expense at the end of
individual operations, to most accurately and efficiently assign fuel expenses.
· Section 7: Pro forma dual indemnification language, although there is a
possibility that RBRA' s indemnification of the City of Sausalito is unnecessary
since the City is already a member of the RBRA Joint Powers Agreement.
· Section 8: This came to RBRA as us insuring the City, which Staff is reversing
since it is RBRA that would incur additional exposure by the City's use of the
RBRA vessel, not vice-versa. If the City also needs to be additionally insured,
the City should probably set that up and the cost could be included in the
agreement as a City expense.
· Section 10. Allows for modification of the agreement in writing. Likely this
would entail taking the proposed change to the RBRA Board for approval.
· Section 12. Notices are to be in writing. Notification ofSPD's proposed
schedule of use could be via prior phone and equivalent (albeit less cumbersome)
written means.
Recommendation:
Staff recommends that your Board review the attached draft agreement and provide Staff
with direction on what additional changes should be made. Staff has invited the Sausalito
City Attorney (and will invite SPD) to attend this RBRA meeting in the hopes of
facilitating dialogue on the agreement's provisionsand language. In the event that
substantial additional amendments are deemed necessary, the Board may wish to appoint
an ad-hoc subcommittee to expedite a final version for Board action.
Attachment: Draft Boat Share Agreement dated August 11, 2006
AGREEMENT
This AGREEMENT, (this "Agreement") is made and entered into this day
of , 2006, by and between the CITY OF SAUSALITO, a municipal
corporation (hereinafter "City") the RICHARDSON BAY REGIONAL AGENCY, a Joint
Powers Authority (hereinafter "RBRA") and the California State Department of Boating
and Waterways (hereinafter "CSOBW'). The City and RBRA may be referred to herein
collectively as the "Parties" and individually as a "Party."
RECITALS
The following Recitals are a substantive part of this Agreement:
A. The City is a member agency of the RBRA.
B. The City's Police Department desires to conduct periodic patrols on those
portions of Richardson Bay which are within the jurisdictional limits of the City.
C. The California State Department of Boating and Waterways C'CSDBW')
owns and has provided the RBRA with a Munson Pac Cat, Aluminum power catamaran
CF 4198 XC (the "Vessel")
O. The Parties desire to enter into this Agreement in order to provide for the
SPD's use of the Vessel on the terms and conditions set forth herein.
E. The California State Department of Boating and Waterways does not
object to the City's use of the Vessel as set forth in this Agreement.
NOW THEREFORE, in consideration of the mutual covenants and conditions
contained in this Lease, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, City, RBRA and CSOBW hereby agree
as follows:
1. CONSENT OF CSDBW
Notwithstanding anything to the contrary in the Safety Boating and Enforcement
Grant between CSDBW and the RBRA (Grant #98-204-178), CSOBW consents to the
City's use of the Vessel as set forth herein.
2. SPO'S USE OF VESSEL
a. SPO's personnel that have received and passed the training described in Section
2c. below shall be entitled to utilize the Vessel to conduct routine patrols on the marinas
and waterways within the City's jurisdiction for purposes of crime prevention and
deterrence and for emergency response and follow up during the Term of this
Agreement. RBRA shall have first priority to utilize the Vessel in emergency
circumstances. All SPD patrols shall be conducted with prior notification to RBRA to
avoid Vessel use conflicts.
b. Both Parties shall utilize the monthly operations log (the "Log") provided by the
RBRA's Harbor Administrator ("Harbor Administrator") to record their use of the Vessel
including the time, duration and purpose of each use as well as any unusual
circumstances or activity, and any operation and/or maintenance-related notes.
c. ,RBRA shall train (up to [number]?) of SPD staff on the proper operation and use
of the Vessel. Such training shall occur prior to SPD's first scheduled use of the Vessel
and periodically thereafter on an as-needed basis as requested by the City at mutually
agreeable times.
3. PURCHASE AND INSTAllATION OF EQUIPMENT
The parties agree to purchase the following outboard motors and other items of
equipment to be utilized on the Vessel as set forth below:
a. Motors. The RBRA shall acquire two 75 horse power outboard motors ("Motors")
for a total cost not to exceed Dollars ($ ) for both Motors. The Parties
shall mutuaUy agree upon the manufacturer of such Motors prior to their purchase. City
shall reimburse the RBRA for one-half of the cost of the Motors within thirty days of the
City's receipt of written notification from RBRA of the amount due. The City shall be
solely responsible for any miscellaneous costs associated with installing and converting
to the two 75 horse power motors, including labor, controls, and any electrical or
mechanical equipment.
b. Equipment. The City, at its sole expense, shall purchase and pay for the
installation and maintenance of the additional following equipment ("Equipment"):
1. spotlights and additional navigation lights, the make(s) and model(s) of
which shall be selected by the City;
2. Emergency lights and siren systems, the make(s) and model(s) of which
shall be selected by the City;
3. Global Positioning System, the make and model of which shall be selected
by the City.
4. TERM
a. This Agreement shall be for an initial period of one year commencing on
September 1, 2006 and terminating at midnight on August 31, 2007 ("Term"). This
Agreement will automatically renew for additional periods of one year each provided,
however, that on or before July 1 of each year during the Term a Party may notify the
other Party in writing of its intent not to renew the Agreement. Upon the delivery of such
2
notice this Agreement will terminate on the immediately following August 31 and will be
of no further force and effect.
b. RBRA reserves the right to unilaterally terminate this agreement for any reason
upon 30 days written notice.
c. Upon the termination of this Agreement the RBRA shall be entitled to purchase
the outboard motor acquired by the City described in Section 2a above for a price equal
to the cost of such motor to the City depreciated at the rate of twelve percent (12%)) per
annum. All other items of Equipment purchased by the City pursuant to Section 2b
above shall be retained by the City and the City shall remove such items from the
Vessel within 30 days of the termination of this Agreement unless the Parties agree in
writing that such items may be purchased by RBRA for a mutually agreed upon price. If
the City does not remove such items within 30 days of termination of this Agreement,
RBRA shall be entitled to remove said items and bill the City for the expense of said
removal. RBRA shall deliver all items so removed to the City.
5. MAINTENANCE AND REPAIRS
a. Maintenance and Repairs to Equipment. City shall be solely responsible for
management and cost of all maintenance and repairs to the Equipment listed in Section
3b above. City shall have final say on all maintenance and repair issues with respect to
this Equipment.
b. Maintenance and Repairs to Vessel and Motors.
1. Each party shall be solely responsible for any maintenance or
repair costs for damages caused directly or indirectly to the Vessel or Motors or
while being operated by the respective Parties. Upon discovering any damage,
the City shall immediately inform RBRA, who shall make arrangements for an
expedited repair in order to keep Vessel available for work. Maintenance and
repairs and associated billing will be the responsibility of the RBRA, and any
costs owed by the City shall be paid within thirty days of the City's receipt of
written notification of amount due.
2. The City and RBRA shall each be responsible for one half of the
annual scheduled maintenance costs of the Vessel and its Motors. City shall
reimburse the RBRA for these maintenance costs within thirty days of the City's
receipt of written notification of amount due.
3. Except for any needed annual scheduled maintenance as set forth
above in Section 5.b.(2), the City shall be solely responsible for the cost of any
repairs necessary to restore the Vessel or its Motors to its condition prior to the
inception of any term of this Agreement, when such damages occur as a result of
3
any causes outside RBRA operation of the Vessel, including vandalism by
persons known or unknown.
4. RBRA shall be responsible for management of all maintenance and
repairs to the Vessel or its Motors. RBRA shall have final say on all maintenance
and repair issues with respect to the Vessel or its Motors.
6. FUEL, AND DOCKING/SLIP FEES
a. Each Party shall be responsible for the cost of fuel related to its actual use of the
Vessel. To this end, each party shall refuel the Vessel to full level after every use.
b. During the Term the Vessel shall be docked in the Schoonmaker Marina. Each
Party shall be responsible for payment of one half of the annual slip (berthing) fee
charged for docking the Vessel. The fee shall be paid by RBRA and the City shall
reimburse the RBRA for the City's half of the fee within thirty days of the City's receipt of
written notification from RBRA of the amount due. Berthing billing from RBRA shall be
semi-annually.
7. HOLD HARMLESS AND INDEMNIFICATION
a. City shall indemnify, defend and save RBRA, its officers, elected and appointed
officials, employees, contractors and agents harmless from and against any and all
liability, claims, suits, actions, damages and/or causes of action of any kind arising out
of any and all claims or losses to anyone who may be injured or damaged by reason of
City's use and operation of the Vessel or negligent performance of this Agreement
b.. RBRA shall indemnify, defend and save City, its officers, elected and appointed
officials, employees, contractors and agents harmless from and against any and all
liability, claims, suits, actions, damages and/or causes of action of any kind arising out
of any and all claims or losses to anyone who may be injured or damaged by reason of
RBRA's use and operation of the Vessel or negligent performance of this Agreement..
8. INSURANCE
a. The City shall be responsible for taking out and maintaining during the life of the
Agreement: (a) Comprehensive General Liability insurance in an amount not less than
$5,000,000. The RBRA, its officers, elected and appointed officials, employees,
contractors and agents shall be named as an additional insured on the comprehensive
general liability policy and the certificate of insurance shall include an additional
endorsement page.
b. The comprehensive general liability insurance coverage shall be substantiated
with a certificate of insurance and must be signed by the insurer or its representative
evidencing such insurance to RBRA. The certificate of insurance and required
4
insurance shall be furnished to RBRA prior to the City's use of the Vessel. The
certificate of insurance shall provide for thirty (30) days advance notice to RBRA of any
cancellation in coverage. Said policy shall remain in force through the life of this
Contract and shall be payable on a per occurrence basis only.
c. Nothing herein shall be construed as a limitation of City's liability,
9. RELATIONSHIP BETWEEN THE PARTIES
It is expressly understood that the City and the RBRA shall act in independent
capacities and not as officers, employees or agents of each other.
10. AMENDMENT
This Contract may be amended or modified only by written agreement of all parties.
11. REMEDIES; CHOICE OF LAW
No remedy or election exercised hereunder shall be deemed exclusive, but shall be
cumulative with all other remedies at law or in equity. This Agreement shall be
governed by the laws of the State of California.
12. NOTICES
Wherever in this Agreement it is required or permitted that notice or demand be given;or
served by either party to this Agreement to or on the other, such notice or demand shall
be in writing and shall be deemed duly served or given only if personally delivered or . '.
sent by United States mail, certified or registered, postage prepaid, to the address of the
parties as specified below.
To City:
To RBRA:
THE CITY OF SAUSALlTO
CITY MANAGER
CITY OF SAUSALlTO
420 LITHO STREET
SAUSALlTO, CA 94965
RBRA
ATTN: BILL PRICE
3501 CIVIC CENTER DRIVE,
ROOM 308, SAN RAFAEL, CA 94903
The Parties may change their respective addresses for notices by giving notice of such
new address in accordance with this Section 12.
13. EXECUTION
5
This Agreement may be executed in duplicate original counterparts, each of which shall
constitute one and the same instrument.
In Witness Whereof, City and RBRA have executed this Agreement as of the
date first written above.
City of Sausalito
By:
Its:
approved as to form:
Mary Anne Wagner
City Attorney
CAL State DBW
By:
Its:
RBRA
By:
Its:
Approved as to form:
RBRA Legal Counsel
6
TOWN OF TIBURON
OFFICE OF DESIGN REVIEW
MONTHLY REPORT
JULY 2006
DESIGN REVIEW BOARD APPLICATIONS:
NUMBER SUBMITTED
~ NEW SINGLE F AMIL Y RESIDENCES
~
~ SECONDARY DWELLING UNITS
~
~ MAJOR ADDITIONS/ AL TERA TIONS
~
~ MINOR ADDITIONS/ AL TERA TIONS
~ (not eligible for Staff Review)
~ SIGN PERMITS
~
~ V ARIANCE REQUESTS
~ FAR EXCEPTIONS REQUESTS
~ EXTENSION OF TIME
STAFF REVIEW APPLICATIONS:
1
o
3
1
2
4
2
o
Review of minor exterior alterations and additions of less than 500
square feet.
TREE PERMIT APPEALS:
16
o
APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL
o
REPORT PREPARED BY: Connie Cashman, Planning Secretary
DATE OF REPORT: August 17, 2006
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