HomeMy WebLinkAboutTC Digest 2006-05-26
;/
I\Y
TOWN COUNCIL WEEKLY DIGEST
Week of May 22 - 26, 2006
1) Correspondence from A. Danforth - re: Del Mar Validation Proceeding
2) Court Documents relating to Del Mar Validation Action
3) Email from Bruce Abbott - re: Kol Shofar
4) Correspondence from City of Petaluma - re: Opposition to Rwy 101 Casino
5) Invitation from Marin Veterans Council- re: Memorial Day Celebration
6) Correspondence from Comcast - re: Programming Adjustment - Playboy
7) Minutes - Design Review Board - April 20, 2006
8) Action Minutes - Design Review Board - May 18, 2006
9) Agenda - Planning Commission - May 31, 2006
10) Agenda - Design Review Board - June 1, 2006
11) Tentative Agenda - Town Council- June 7, 2006
Attached Original Separates (Councilmembers Only)
1a) Bay Area Home Builder - May 2006
2a) Invitation - 5th Annual Clean Water Conference - May 31 - June 2, 2006
3a) Invitation - Marin Conservation League - Bus. Breakfast - June 8, 2006
4a) Correspondence from EAR
5a) Correspondence from Yes on 82 - Invest in our Kids
6a) Conference Announcement - LCC - 2006 Annual Conference 9/6-9/9/06
.
'-t1 e..- ,~_
May 25, 2006
O\GESl
.
1
.,. oL]le .,.
'~"$;c>--- --~'f<1'..
.~ ~L.. ~ 23. ~: -.
('\\~~~,--~i<:t
y\~ ::::-~o,'O
(",,;~ ~~~/,
.'/'. o~~~t.. ~.
I
.
/4
Town ofTiburon. 1505 Tiburon Boulevard. Tiburon, CA 94920. P. 415.435.7373 E 415.435.2438 · www.ci.tiburon.ca.us
Office of the Town Attorney
(415) 435-7370
Paul Smith
Mayor
Tom Gram
Re: Del Mar Valley Utility Supplemental Assessment District Vice Mayor
Validation Proceeding, Marin County Superior Court Case No. CV 062153 . . . . . . . . . . . . .
Miles Berger
TO PROPERTY OWNERS IN THE DEL MAR V ALLEY UTILITY Councilmember
UNDERGROUNDING SUPPLEMENTAL ASSESSMENT DISTRICT: . . . . . . . . . . . . .
Alice Fredericks
As you know, on May 8th the Del Mar Valley property owners voted in favor of Councilmember
the imposition of supplemental assessments to finance the undergrounding of . . . ;f" . : . . . .
utilities in your neighborhood and, via Resolution No. 24-2006, the Town C~~c~~;~ber
Council formed the Del Mar Valley Utility Undergrounding Supplemental
Assessment District ("Supplemental District"). As you probably also know, this
was the second time that Del Mar property owners have voted to form district to
finance the undergrounding. The first district was challenged in court --
unsuccessfully, but the plaintiffs have appealed.
The plaintiffs have said that they intend to file another suit against the new
district. According to papers they recently filed with the Court of Appeal, the
new lawsuit will claim that the District proponents somehow tampered with the
ballots and committed voter fraud. We don't think that this new challenge will
have any more success than the last one, but it could complicate the Town's
moving forward with the project. We'd like to get past the "litigation phase" as
quickly as possible, so we can move past the accusations and build your project.
So rather than wait for the plaintiffs to file, the Town has decided to initiate its
own suit.
California law provides a special set of statutes (the "Validating Proceeding
Statutes") for the quick judicial resolution of issues concerning the legality of
public agency action to approve certain contracts or assessment districts--such as
the Supplemental District. Such an action can be brought either by a challenger to
the action (e.g., by a person seeking to invalidate the Supplemental District) or by
the agency (e.g., by the Town Council seeking judicial validation of the
Supplemental District). Weare using this process to validate the Supplemental
District. To ensure that all interested parties are aware of this process, I enclose
with this letter is a Summons which formally notifies you that the Town has filed
this action. The Summons will also be published in the Marin Independent
Journal.
You do not need to resnond to the Summons nor narticinate in the litieation.
If no one does respond, the Town will request the Court to enter a judgment
affirming the validity of the Supplemental Assessment District on the basis that
.\
May 25, 2006
Page 2
.
1
.~ ~2LL'-..e(J .-:.
~~~/ 2~;
,..1/ _~'-z.
o~ ~i!f.i -0
"~Z~ '
.'/'. O~N~--'\tiC.' ~.
T
.
no property owner has presented a challenge thereto. If a challenger does
respond, . the Town will vigorously defend the legality of the Supplemental
District and the proceedings related thereto.
However, as indicated by the enclosed Summons, you do have the right to
participate in the litigation, whether you would claim that the Town legally or
illegally adopted the Supplemental Assessment District. If you have such an
interest, you must proceed as directed in the Summons. You may contact the
Town's litigation counsel, Kevin Siegel (whose contact information is included in
the enclosed Summons) to obtain a copy of the Complaint and other pertinent
documents.
Very truly yours,
~~~
Ann R. Danforth
Town Attorney, Town of Tiburon
Enclosure
/'~
77
1 McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
2 THOMAS R. CURRY (050348)
KEVIN D. SIEGEL (194787)
3 BENJAMIN D. WINIG (233090)
1901 Harrison Street, 9th Floor
4 Oakland, CA 94612
Phone: 510.273.8780
5 Fax: 510.839.9104
6 ANN R. DANFORTH (110399)
Town Attorney .
7 TOWN OF TIBURON
1505 Tiburon Boulevard
8 Tiburon, CA 94920
Phone: 415.435.7373
9 Fax: 415.435.2438
10
Attorneys for Plaintiff, Town of Tiburon
11
~.9/f'&;, C)(yJy
~a(l f~
Exempt from Filing Fees per Gov. Code ~ 6103
UiD [1~[])
'I' MAY 1 8.2006
KIM TURNE.~
Court Exccutivc 0 ttlcer
MARIN COUNTY SUPERIOR COURT
By: K. Main, Deputy ,
IN THE SUPERlOR COURT OF CALIFORNIA, COUNTY OF MARIN
12
13
14
15
16
17
TOWN OF TIBURON, a municipal corporation
Plaintiff,
v.
ALL PERSONS INTERESTED IN THE
18 VALIDITY OF -THE DEL MAR VALLEY
UTILITY UNDERGROUNDING
19 SUPPLEMENTAL ASSESSMENT DISTRICT
(WHICH WAS FOR1\1ED BY TIBURON
20 TOWN COUNCIL RESOLUTION NO. 24-
2006), AND ALL PROCEEDINGS LEADING
21 THERETO,
22
23
Defendant.
) caseN<oV062153
)
) SUMMONS
) CITATION JUDICIAL
) (~ 860 ET SEQ. OF THE CALIFORNIA
) . CODE OF CIVIL PROCEDURE)
) ,
)
)
)
)
)
)
)
) .
)
24 Notice! You have .been sued. The court may decide against you without your being
25 heard unless you respond not later than the 26th day of June, 2006, which is at least ten (10)
26 days after completion of the publica~on of this summons. Read the information below.
27 Aviso! Usted ha sido demandado. El tribunal puede decidir contra ~d. Sin audiencia a
28 menos que ud. Responda no mas tarde del 26 de Junio, 2006, que es por 10 menos diez (10) dias
Mfi.A-'
~_.AllenI'C
AIIo,_ . Lew '
1
Summons/Citation
925188vl 29146/0004
'--'\
--:-;
,,--"\
-:;
1 despues de terminacion de publicacion de esta citacion. Lea la informacion que sigue.
2 To All Persons Interested in the Validity of the Del Mar Valley Utility Undergrounding
3 Supplemental Ass~ssment District (which was formed by Tiburon TownCouncil Resolution No. 24-
4 2006), and all proceedings leading thereto,
5 PLEASE TAKE NOTICE that a complaint has been filed by Plaintiff Town of. Tiburon
6 ("Town") against all persons interested in the validity of the Del Mar Valley Utility. Undergrounding
7 Supplemental Assessment District (which was formed by Tiburon Town Council Resolution No. 26-
8 2004), pursuant to California Code of Civil Procedure section 860 ef' seq; and the Municipal
9 Improvement Act of 1913 (Sts. & Hy. Code, ~~ 10000-10706) for the purpose of validating the Del
10 Mar. Valley Utility Undergrounding Supplemental Assessment District (the "Supplemental District").
11 'On May 8, 2006, the Town Council adopted Resolution No. 24-2006, which created the
12 Supplemental District, -que to the fact that the assessments authorized by the adoption of the original
13 -Del Mar Valley Utility Undergrounding Assessment District in 2005, via Tiburon Town Council
14 Resolution No. 21-2005 (the "Original District"). were insufficient to finance the undergrounding of
15' utilities (electric, telephone and cable). If you wish to contest the legality or validity of this matter,
16 you must appear and file a written answer to the complaint not later than the 26th day of June, 2006,
17 which is at least 10 days after comp~etion of publication of this swnmons. Your pleading must be in
18 . the fonn required by the California Rules of Court. Your original pleading must be filed in this
19 court with proper filing fees and proof that a copy thereof was served on plaintiff's attorneys.
20 Unless Defendants respond accordingly, default will be entered upon application by the
21 Plaintiff, and the Plaintiff may apply to the court for the relief demanded in the complaint. Persons
22 who contest the legality or validity of this matter will not be subject to punitive action, such as wage
23 garnishment or seizure of their real or personal property.
24 You may seek the advice of an attorney in any matter connected with the complaint or
25 this summons. Such attorney should be consulted promptly so that your pleading may be filed
26 or entered within the time required by this summons.
27 III
28 III
J.AH~
~.::::"~ AlIeft... 2
Summons/Citation
925 J 88v 1 29146/0004
18
19
20
21
22
23
24
25
26
27
28
MHN
~~._ooc
AlI_" Uw
.....~
. -----;j
'. /
1 The name and address of the Court:
:2 Superior Court of the State of California
3 In and for the County of Marin
4 3501 Civic Center Drive
5 San Rafael, California 94903
6.
7 The names and addresses of Plaintiffs attorneys:
8
McDonough Holland & Allen PC
9' Attorneys at Law
Thomas R. Curry
10 Kevin D. Siegel
Benjamin D. Winig .
11 1901 Harrison Street, 9th Floor
Oakland, CA 94612
12 Phone: 510.273.8780
13 Ann R. Danforth
Town Attorney
14 Town ofTiburon
1505 Tiburon Boulevard
15 Tiburon, CA 94920
Phone: 415.435.7373
16
17
(
DATED:
MAY 1.8 -
3
,'-",
-:;
BY:
l "'1<.' MAl.
Clerk
Summons/Citation
925188v I 29146/0004
23
24
25
26
27
28
M:fM!
1 McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
2 THOMAS R. CURRY (050348)
BENJAMIN D. WINIG (233090)
3 KEVIN D. SIEGEL (194787)
1901 Harrison Street, 9th Floor
4 Oakland, CA 94612
Phone: 510.273.8780
5 Fax: 510.839.9104
6 . ANN R. DANFORTH (110399)
Town Attorney
7 TOWN OF TIBURON
1505 Tiburon Boulevard
8 Tiburon, CA 94920
Phone: 415A35.7373
9 Fax: 415.435.2438
10
11
Attorneys for Plaintiff, Town of Tiburon
1~
t-~IJg{ ~cV d.
eo- c(~. h riA V
Exempt fro~ tb ~tQj ~ 6103
MAY f9 2006
KIM TU~ER .
Court 'ExQcut1\'c 0 meet
MARIN COt:NT\~ SUPERIOR COURT
By: A. Garcia, Deputy
IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN
12
13
14
TOWN OF TIBURON, A municipal corporation)
15 )
)
)
)
ALL PERSONS INTERESTED IN THE )
V ALIDITY OF T~ DEL MAR V ALLEY )
UTILITY UNDERGROUNDING )
19 SUPPLEMENTAL ASSESSMENT DISTRICT)
(WHICH WAS FORMED BY TIBURON )
20 TOWN COUNCIL RESOLUTION NO. 24- )
2006), AND ALL PROCEEDINGS LEADING )
THERETO, )
)
)
16
Plaintiff,
Case No. CV 062153
EX PARTE APPLICA TION FOR
ORDER OF PUBLICATION OF
SUMMONS IN VALIDATION
ACTION (~ 860 ET SEQ. OF THE
CALIFORNIA CODE OF CIVIL
PROCEDURE)
APPLICA TION
Plaintiff applies to the Court for an Order directing the publication of summons in the above
D_O.::::....::~ An... PC 1
Ex Parte Application for Order of Publication of Summons
v.
17
18
21
22
Defendants.
entitled action.
925191 v 1 29146/0004
~.""lII....
.~ Vo
~.
... <::r
1 MEMORANDUM OF POINTS AND AUTHORITIES
2 This action is brought by the Town of Tiburon (the "Town") to determine the validity of the
3 Del Mar Valley Utility Undergrounding Supplemental Assessment District (the "Supple~ental
4 District"), which was formed by the Tiburon Town Council when it adopted Resolution No. 24-
5 2006. On May 8, 2006, the Town Council adopted Resolution No. 24-2006 due to the fact that the
6 assessments authorized by the adoption of the original Del Mar Valley Utility Undergrounding
7 Assessment District (the "Original District") in 2005 are insufficient to finance the undergrounding
8 of utilities.
9 This action is filed pursuant to section 860 et seq. of the California Code of Civil Procedure,
10 available to Plaintiff by virtue of the adoption of the Supplemental District under the authority of the
11 Municipal Improvement Act of 1913 (Sts. & Hy. Code, SS 10000-10706). (See, e.g., Not About
12 Water Committee v. Board of Supervisors (2002) 95 Cal.AppAth 982, 986 (Code Civ. Proc., S 860 et
13 seq. are the "exclusive" means by which one can present an action regarding the validity of an
14 assessment district adopted under the Municipal Improvement Act of 1913).)
15 This action is in rem, and pursuant to Code of Civil Procedure section 861, jurisdiction of all
16 interested parties may be had by publication of summons pursuant to Government Code section
17 6063. (Code of Civ. Proc., SS 860, 861.)
18 Code of Civ.il Procedure sections 861 and 861.1 provide that the contents of the summons
19 must be specially prepared. A copy of such summons is attached to the Order presented herewith.
20 Code of Civil Procedure section 861 provides:
21 Jurisdiction of all interested parties may be had by publication of summons
22 pursuant to Section 6063 of the Government Code in a newspaper of general
23 circulation designated by the court, published in the City where the action is
24 pending and whenever possible within the boundaries of the public agency,
25 and in such other counties as may be ordered by the court, and if there be no
26 such newspaper in any such city or counties then in some adjoining city. In
27 addition, prior to completion of such publication, the agency shall, to the
28 extent which the court finds reasonably practicable, give notice of the
M-J+A;
Don.=:~~ Allton PC 2
Ex Parte Application for Order of Publication of Summons
925191v129146/0004
23
24
25
26
27
28
~
1 pendency of the proceeding by mail or other means ordered by the court.
2 Section 6063 of the Government Code, referred to in Code of Civil Procedure section 861
3 above, provides for' publication once a week for three successive weeks. The proposed order
4 therefore provides for publication in the Marin Independent Journal, a newspaper of general
5 circulation published in Marin County, the county in which the Town is located.
6 In addition, the proposed order provides that copies of the summons be mailed to the
7 property owners located within the Supplemental District. Such additional notice is reasonable and
8 within the scope of the authority granted to the Court under Code of Civil Procedure section 861.
9 Plaintiff further requests the Court to order that, if publication commences on or before May
10 24, 2006, and if the .mailing is otherwise completed prior to the termination of publication, that
11 jurisdiction of the interested patties in this matter shall be deemed complete on or before June 26,
12 2006, which will be at least ten (10) days after the completion of publication of summons.
13 Accordingly, Plaintiff respectfully requests that the Court issue the proposed order.
14
15
16
17
18
19
20
21
22
DATED: May 18,2006
McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
BY:~' JT ~~
BenJa In D. WInIg
Attorneys for Town of Tiburon
.o.:..~":~ "'1M> PC 3
Ex Parte Application for Order of Publication of Summons
925191v129146/oo04
)1
1 McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
2 THOMAS R. CURRY (050348)
KEVIN D. SIEGEL (194787)
3 BENJAMIN D. WINIG (233090)
1901 Harrison Street, 9th Floor
4 Oakland~ CA 94612 .
Phone: 510.273.8780
5 Fax: 510.839.9104
6 ANN R. DANFORTH (110399)
Town Attorney
7 TOWN OF TIBURON
1505 Tiburon Boulevard
8 Tiburon, CA 94920
Phone: 415.435.7373
9 Fax: 415.435.2438
10
11
Attorneys for Plaintiff, Town of Tiburon
Exempt from Filing Fees per Gov. Code S 6103
~o [lJ3[Q)
MAY f9 2006
KIM Tu~E;.~ .
Court Exc~uo:;(: f~OR COURT
MARIN COlJNT\ SCP
By: A. Garcia. Deputy
IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN
12
13
14 TOWN OF TIBURON, A municipal corporation)
)
)
)
)
ALL PERSONS INTERESTED IN THE )
VALIDITY OF THE DEL MAR V ALLEY )
UTILITY UNDERGROUNDING )
SUPPLEMENT AL ASSESSMENT DISTRICT )
19 (WHICHWASFORMEDBYTIBURON )
TOWN COUNCIL RESOLUTION NO. 24- )
20 2006), AND ALL PROCEEDINGS LEADING )
THERETO, )
)
)
)
15
Plaintiff,
16
v.
17
18
21
22
Defendant.
23
24 I, Benjamin D. Winig, declare as follows:
25
Case No. CV 062153
DE CLARA TION OF BENJAMIN D.
WINIG IN SUPPORT OF EX PARTE
APPLICA TION FOR ORDER OF
PUBLICA TION OF SUMMONS IN .
VALIDA TION ACTION (~ 860 ET
SEQ. OF THE CALIFORNIA CODE
OF CIVIL PROCEDURE)
1.
I have personal knowledge of the facts stated in this declaration and if called as a
26 witness could and would testify to those facts.
27
2.
I am an attorney at law, admitted to practice in the State of California. I am
MtI-A!
28 employed by McDonough Holland & Allen PC, attorneys for Plaintiff Town of Tibur9n ("Town ").
'-.=r=.~~ A1'-n PC 1
Dee!. of BDW in Support of Ex Parte Application
925751 vI 29146/0004
\
i
1
3.
On May 8, 2006, the Town held a public meeting, duly noticed and conducted in
2 accordance with the provisions of all applicable laws and attended by a quorum of the Town
3 Council, and adopted Resolution No. 24-2006 (the "Resolution"), entitled "A Resolution of the
4 Town Council of the Town of Tiburon Adopting Engineer's Report~ Confirming the Assessment,
5 Ordering the Work and Acquisitions and Directing Actions with Respect Thereto," which approved
6 the Final Engineer1s Report and created the Del Mar Valley Utility District Undergrounding
7 Supplemental Assessment District ("Supplemental District"). A true and correct copy of the
8 Resolution is attached hereto as Exhibit "A."
9
4.
Pursuant to California Code of Civil Procedure section 860 et seq., the Town is
10 authorized to bring an action to determine the validity of the Supplemental District and the
11 Resolution. (See, e.g., Not About Water Committee v. Board of Supervisors (2002) 95 Ca1.App.4th
12 982, 986 (Code Civ. Proc., S 860 et seq. are the "exclusive" means by which one can present an
13 action regarding the validity of an assessment district adopted under the Municipal Improvement Act
14 of 1913).)
15
5.
Under Code of Civil Procedure section 861, jurisdiction of all parties may be had by
16 publication of Summons pursuant to Section 6063 of the Government Code, in a newspaper of
17 general circulation designated by the Court, in the county where the action is pending.
18
6.
The Marin Independent Journal is a newspaper of general circulation published in
19 Marin County, the county in which the Town is located.
20
7.
Although not required, in addition to publishing the Summons In the Marin
21 Independent Journal, it is reasonably practicable to mail a copy of the Summons to the interested
22 parties (i.e. the property owners located within the Supplemental District). Such additional notice is
23 within the scope of the authority granted to the Court under Code of Civil Procedure section 861.
24 I declare under penalty of perjury that the foregoing is true and correct and that this
25 declaration was executed in Oakland, California, on May 18, 2006.
26
27
28
~
~'h~
Benja i~D. Winig -
~~=~~~~~ 2
Dec!. ofBDW in Support of Ex Parte Application
925751 v 1" 29146/0004
1 McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
2 THOMAS R. CURRY (050348)
KEVIN D. SIEGEL (194787)
3 BENJAMIN D. WINIG (233090)
1901 Hamson Street, 9th Floor
4 Oakland, CA 94612
Phone: 510.273.8780
5 Fax: 510.839.9104
6 ANN R. DANFORTH (110399)
Town Attorney
7 TOWN OF TIBURON
1505 Tiburon Boulevard
8 Tiburon, CA 94920
Phone: 415.435.7373
9 Fax: 415.435.2438
10
Exempt from Filing Fees per GOY. Code S 6103
C?QLS@@)
~J~'{ \,-'9- 1000
r-', E~ _
1<lM '!~~Oft\c~ CoUll't
Court E~C~ SUPERlO ,
Cou~T\ , Deput)
MARIN BY:"1. GarcIa.
Attorneys for Plaintiff, Town of Tiburon
11
12
13
IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN
14
TOWN OF TIBURON, a municipal corporation ). Case No. CV 062153
15 )
Plaintiff, )
16 ORDER OF PUBLICATION OF
v. ) SUMMONS AND OTHER NOTICE IN
17 ) V ALIDA TION ACTION
ALL PERSONS INTERESTED IN THE ) . (~ 860 ET SEQ. OF THE CALIFORNIA
18 V ALIDITY OF THE DEL MAR V ALLEY ) CODE OF CIVIL PROCEDURE)
UTILITY UNDERGROUNDING }
19 SUPPLEMENT AL ASSESSMENT DISTRICT )
(WHICH WAS FORMED BY TIBURON )
20 TOWN COUNCIL RESOLUTION NO. 24- )
2006), AND ALL PROCEEDINGS LEADING )
21 THERETO, )
)
22 Defendants. )
23
24 Appearing from the complaint that the herein action is one brought pursuant to section 860 et
25 seq. of the California Code of Ci viI Procedure and based upon the Ex Parte Application for Order of
26 Publication of Summons in Validation Action,
27 IT IS HEREBY ORDERED that publication of Summons in the form attached hereto be
Mf-I.A!
28 made in the Marin Independent Journal, a newspaper of general circulation published in the county
_ugh Hollend & Allen PC
Altom.VII allaw
Order of Publication
1
925196v2 2914fi/OO0.:1
1 where the herein action in pending, for the period of time and in the manner prescribed in section
2 861 of the Code of Ci viI Procedure and section 6063 of the Government Code.
3 IT IS FURTHER ORDERED that copies of the Summons be mailed to the property owners
4 located within the Del Mar Valley Utility Undergrounding Supplemental Assessment District,
5 formed by the adoption of Resolution No. 24-2006 on May 8, 2006, before completion of the
6 publication.
7 IT IS FURTHER ORDERED that jurisdiction of the interested persons in this action shall be
8 complete after the date that is not less than ten (10) days after the completion of publication of the
9 Summons pursuant to section 6063 of the Government Code, and that the mailing is otherwise
J.R. Ritchie
Judge of the Superior Court
925 I 96v2 2914fl/OO04
McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
2 THOMAS R. CURRY (050348)
KEVIN D. SIEGEL (194787)
3 BENJAMIN D. WINIG (233090)
1901 Harrison Street, 9th Floor
4 Oakland, CA 94612
Phone: 510.273.8780
5 Fax: 510.839.9104
6 ANN R. DANFORTH (110399)
Town Attorney
7 TOWN OF TIBURON
1505 Tiburon Boulevard
8 Tiburon, CA 94920
Phone: 415.435.7373
9 Fax: 415.435.2438
10
11
12
13
14
15
16
17
18
Attorneys for Plaintiff, Town of Tiburon
Exempt from Filing Fees per Gov. Code g 6103
~Of1@@)
MAY 1 8,2006
C KIM TURNER
1t.6 A h'l"N Ourt Executiw 0 '-t-
.a.yU1JU COUNTY SUPE r leer
By: K lJ;' RIOR COURT
.i am, Depll~v
IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN
TOWN OF TIBURON, a municipal corporation )
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
ALL PERSONS INTERESTED IN THE
V ALIDITY OF THE DEL MAR VALLEY
UTILITY UNDERGROUNDING
SUPPLEMENTAL ASSESSMENT DISTRICT
(WHICH WAS FORMED BY TIBURON
TOWN COUNCIL RESOLUTION NO. 24-
2006), AND ALL PROCEEDINGS LEADING
THERETO,
Case No. CJV 062153
SUMMONS
CITATION JUDICIAL
(~ 860 ET SEQ. OF THE CALIFORNIA
CODE OF CIVIL PROCEDURE)
24 Notice! You have been sued. The court may decide against you without your being
19
20
21
22
23
Defendant.
25 heard unless you respond not later than the 26th day of June, 2006, which is at least ten (10)
26 days after completion of the publication of this summons. Read the information below.
27 Aviso! Usted ha sido demandado. EI tribunal puede decidir contra ud. Sin audiencia a
MtI-A!
28 menos que ud. Responda no mas tarde del 26 de Junio, 2006, que es por 10 menos diez (10) dias
-ugh HoI_ & AI.... PC:
Attorneys at t..w
925188v 1 29146/0004
S ummons/Citati on
despues de terminacion de publicacion de esta citacion. Lea la informacion que sigue.
2 To All Persons Interested in the Validity of the Del Mar Valley Utility Undergrounding
3 Supplemental Assessment District (which was formed by.Tiburon Town Council Resolution No. 24-
4 2006), and all proceedings leading thereto,
5 PLEASE TAKE NOTICE that a complaint has been filed by Plaintiff Town of Tiburon
6 ("Town") against all persons interested in the validity of the Del Mar Valley Utility Undergrounding
7 Supplemental Assessment District (which was formed by Tiburon Town Council Resolution No. 26-
8 2004), pursuant to California Code of Civil Procedure section 860 et seq. and the Municipal
9 Improvement Act of 1913 (Sts. & Hy. Code, 99 10000-10706) for the purpose of validating the Del
10 Mar Valley Utility Undergrounding Supplemental Assessment District (the "Supplemental District").
lIOn May 8, 2006, the Town Council adopted Resolution No. 24-2006, which created the
12 Supplemental District, due to the fact that the assessments authorized by the adoption of the original
13 Del Mar Valley Utility Undergrounding Assessment District in 2005, via Tiburon Town Council
14 Resolution No. 21-2005 (the "Original District") were insufficient to finance the undergrounding of
15 utilities (electric, telephone and cable). If you wish to contest the legality or validity of this matter,
16 you must appear and file a written ans~er to the complaint not later than the 26th day of June, 2006,
1 7 which is at least 10 days after completion of publication of this summons. Your pleading must be in
18 the form required by the California Rules of Court. Your original pleading must be filed in this
19 court with proper filing fees and proof that a copy thereof was served on plaintiffs attorneys.
20 Unless Defendants respond accordingly, default will be entered upon application by the
21 Plaintiff, and the Plaintiff may apply to the court for the relief demanded in the complaint. Persons
22 who contest the legality or validity of this matter will not be subject to punitive action, such as wage
23 garnishment or seizure of their real or personal property.
24 You may seek the advice of an attorney in any matter connected with the complaint or
25 this summons. Such attorney should be consulted promptly so that your pleading may be filed
26 or entered within the time required by this summons.
27 III
28 III
. MtI-A!
--.a... _ & ...._ PC
AttorneyS .t Law
2
SummonslCitation
925188vl 29146/0004
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
~
McDonouvh HoI....d .. A_ PC:
Attorneys allMv
The name and address of the Court
2
3
4
5
6
Superior Court of the State of California
In and for the County of Marin
3501 Civic Center Drive
San Rafael, California 94903
7 The names and addresses of Plaintiffs attorneys:
McDonough Holland & Allen PC
Attorneys at Law
Thomas R. Curry
Kevin D. Siegel
Benjamin D. Winig
1901 Harrison Street, 9th Floor
Oakland, CA 94612
Phone: 510.273.8780
Ann R. Danforth
Town Attorney
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Phone: 415.435.7373
DA TED:
NAY1s_
irK. f\e1AI
Clerk
BY:
Summons/Citation
3
925 I 88v I 29 146/0004
McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
2 THOMAS Roo CURRY (050348)
KEVIN D. SIEGEL (194787)
3 BENJAMIN D. WINIG (233090)
1901 Harrison Street, 9th Floor
4 Oakland, CA 94612
Phone: 510.273.8780
5 Fax: 510.839.9104
6 ANN R. DANFORTH (110399)
Town Attorney
7 TOWN OF TIBURON
1505 Tiburon Boulevard
8 Tiburon, CA 94920
Phone: 415.435.7373
9 Fax: 415.435.2438
10
Exempt from Filing Fees per Gov. Code 9 6103
[?D~~[Q)
MAY 1 8 2006
KIM TU~E.J~.
Court Exccuttn~ OttICcr
MARIN COUNTy'SUPERIOR COURT
By: K. ,\fain, Depw)!
Attorneys for Plaintiff Town of Tiburon
11
12
13
14
15
16
17
18
19
20
21
22
23
IN THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF MARIN
CaseNo.~JJ 062153
TOWN OF TIBURON, A municipal corporation)
)
)
)
)
ALL PERSONS INTERESTED IN THE )
VALIDITY OF THE DEL MAR V ALLEY )
UTILITY UNDERGROUNDING )
SUPPLEMENTAL ASSESSMENT DISTRICT )
(WHICH WAS FORMED BY TIBURON )
TOWN COUNCIL RESOLUTION NO. 24- )
2006), AND ALL PROCEEDINGS LEADING )
THERETO, )
)
)
Plaintiff,
COMPLAINT FOR VALIDATION OF
DEL MAR VALLEY UTILITY
UNDERGROUNDING
SUPPLEMENTAL ASSESSMENT
DISTRICT AND PROCEEDINGS
v.
(Code Civ. Proc. ~ 860 et seq.)
Defendants.
24 Plaintiff, Town of Tiburon (the "Town"), brings this action against "all persons interested"
25 under section 860 et seq. of the Code of Civil Procedure and alleges:
26
1.
This action is brought in this Court under section 860 et seq. of the Code of Civil
27 Procedure as a special in rem proceeding for the judicial examination, approval and confirmation of
28
MtI-A!
D-..gIt Mol_. AII_ PC
Attorneys at Law
Complaint for Validation
922959v 1 29146/0004
the administrative proceedings leading up to and including the adoption of Town Council Resolution
2 No. 24-2006, as described in detail below.
3
2.
The Town is and was at all times mentioned herein a municipal corporation organized
4 and existing under the laws of the State of California
5
3.
The governing body of the Town is the "Town Council" thereof with its principal
6 place of business located in Marin County, California.
7
4.
The Town has the right and power to make and enforce all laws and regulations in
8 respect to municipal affairs. The Town is a "public agency" authorized under section 860 et seq. of
9 the Code of Civil Procedure to bring this action to validate an assessment district adopted pursuant to
10 the Municipal Improvement Act of 1913 (8ts. & Hy. Code, ~~ 10000-10706). (See, e.g., Not About
II Water Committee v. Board o/Supervisors (2002) 95 Cal.AppAth 982, 986 (the "exclusivell means by
12 which one can present an action regarding the validity of an assessment district adopted under the
13 Municipal Improvement Act of 1913 is by filing an action under Code Civ. Proc., S 860 et seq.).)
14
5.
On May 18, 2005, following an affirmative, majority vote of the owners of the
15 subject properties, the Town Council adopted Resolution No. 21-2005, establishing the Del Mar
16 Valley Utility Undergrounding Assessment District (the "Original District"). The Original District is
17 not the "res" sought to be validated in this proceeding, but the Town sets forth 'facts related thereto
18 for the purpose of providing the context by which the Town adopted the supplemental assessment
19 district (defined below) which it seeks to validate herein.
20
6.
The Original District authorized the under grounding of utilities (electric, telephone
21 and cable) within the boundaries thereof and the Town's assessment of the real properties therein
22 certain amounts to finance the construction work. The assessment amounts were derived in part
23 from the Engineer of Work's estimate of the construction costs which would be incurred to
24 underground the utilities.
25
7.
On March 9, 2006 the Town received SIX construction contract bids for the
26 undergrounding of the utilities in the Original District. All the bids were higher than the Engineer of
27 Work's estimate of the construction costs. The assessments authorized by the adoption' of the
28 Original District are not sufficient to finance the undergrounding of the utilities.
~
-.. Holl_ & Allen PC
Attorneys .t tAw
2
Complaint for Validatiori
922959v129146/0004
8. Therefore the Town pursued the adoption a supplemental utility undergrounding
2 assessment district for Del Mar Valley. It-is this supplemental district which the Town seeks to
3 validate in this proceeding.
4
9.
On March 20, 2006, the Town Council adopted Resolution No. 18-2006 ("A
5 . Resolution of the Town Council of the Town of Tiburon Preliminarily Approving Engineer's Report
6 and Directing Related Actions"). Pursuant to Resolution No. 18-2006, the Town, inter alia,
7 (a) established the physical boundaries for the proposed supplemental assessment district and (b) set
8 a public hearing for May 8, 2006, for discussion of the proposed supplemental district, the tabulation
9 of the property owners' votes, and the determination by the Council whether to adopt the
10 supplemental district. A true and correct copy of Resolution No. 18-2006 is attached hereto as
11 Exhibit A and incorporated herein by reference. A true and correct copy of the boundary map of the
12 supplemental district is attached hereto as Exhibit B and incorporated herein by reference.
13
10.
On May 8, 2006, the Town held the public hearing required by the Municipal
14 Improvement Act of 1913. Interested persons and members of the Town Council discussed whether 6-
15 the supplemental district should be formed. The Town Clerk tabulated the property owners' votes.
16 As required by the Municipal Improvement Act of 1913, the ballots were weighted in proportion to
17 the proposed assessments (i.e., each property owner's vote equaled the dollar amount proposed to be
18 assessed). The majority property owners' vote was in favor of forming the supplemental district.
19 The Town Council voted (4-0) to adopt Resolution No. 24-2006 ("A Resolution of the Town
20 Council of the Town of Tiburon Adopting Engineer's Report, Confirming the Assessment, Ordering
21 the Work and Acquisitions and Directing Actions with Respect Thereto"), which approved the Final
22 Engineer's Report and created the Del Mar Valley Utility U ndergrounding Supplemental Assessment
23 District ("Supplemental District"). A true and correct copy of the Final Engineer's Report for the
24 Supplemental District is attached hereto as Exhibit C and incorporated herein by reference. A true
25 and correct copy of Resolution No. 24-2006 is attached hereto as Exhibit D and incorporated herein
26 by reference.
27
11.
The boundaries for the Supplemental District are those described in the boundary map
28 referenced in paragraph 9, supra.
M-fI-N
1cDono.... HoI_ . All... oc
AttOl'n8VS at t..w
""I
.)
Complaint for Validation
922959vl 29146/0004
12. Each of the properties to be assessed will be specially benefited, at least in the amount
2 of the applicable assessment, by the improvements to be financed by the Supplemental District.
3
13.
In adopting Resolution No. 24-2006 and forming the Supplemental District, the Town
4 proceeded in conformity all procedural and substantive requirements of laws and enactments
5 applicable to the proceedings, whether set forth by Constitution, statute, ordinance, case law, or
6 regulation, and whether federal, state or municipal, including without limitation California
7 Constitution, Art. XIIID, and the Municipal Improvement Act of 1913 (Sts. & Hy. Code, ~~ 10000-
8 10706).
9 14.. All such proceedings by and for the Town and the provisions of Resolution No. 24-
10 2006 were and are in the best interests of the Town and all persons interested.
11
15.
The Marin Independent Journal is a newspaper published and of general circulation in
12 the Town of Tiburon and is the newspaper most likely to give notice to persons interested in these
13 proceedings. Publication of the Summons in said newspaper should be ordered by the Court
14 pursuant to section 861 of the Code of Civil Procedure and section 6063 of the Government Code.
15 The Town is informed and believes, and thereon alleges, that the proceedings related to the adoption
16 of Resolution No. 24-2006 and the formation of the Supplemental District are of general knowledge
17 to the persons affected thereby or interested therein. The other notice reasonably practicable is
-18 notice given by mailing copies of the Summons to the property owners in the Supplemental District.
19
16.
The Town names "All Persons Interested in the Validity of the Del Mar Valley Utility
20 Undergrounding Supplemental Assessment District (which was formed by Tiburon Town Council
21 Resolution No. 24-2006), and all proceedings leading thereto" as defendants pursuant to the
22 Municipal Improvement Act of 1913 and Code of Ci viI Procedure sections 860, 861 and 861.1.
23 WHEREFORE, Plaintiff prays for entry of judgment as follows:
24
1.
That the Court order that the jurisdiction of interested persons be by publication of the
25 Summons pursuant to section 861 of the Code of Civil Procedure and section 6063 of the
26 Government Code in the Marin Independent Journal commencing as soon as is practicable, and that
27 the Court order the Town to give additional notice, prior to the completion of such publication, of
28 the pendency of this proceeding by reasonably practicable means, e.g., by mailing the Summons to
~
cOono.... __ ...._ PC:
Attorll8VS _lAw'
4
Complaint for Validation
922959vl 29146/0004
I the property owners in the Supplemental District.
2
2.
That the Court find that this action is properly brought under section 860 et seq. of the
3 Code of Civil Procedure.
4
3.
That judgment be entered determining that:
5 (a) This action is properly brought under the Municipal Improvement Act of 1913 and
6 section 860 et seq. of the Code of Civil Procedure;
7 (b) all proceedings by and for Plaintiff in connection with the formation of the
8 Supplemental District, including the adoption of Resolution No. 24-2006, were and are In
9 conformity with the applicable provisions of all laws and enactments at any time in force or
10 controlling upon such proceedings, whether imposed by law, constitution, statute or ordinance, and
11 whether federal, state or municipal, including without limitation California Constitution, Art. XIIID,
12 and the Municipal Improvement Act of 1913 (Sts. & Hy. Code, ~~ 10000-10706);
13 (c) all conditions, things and acts required by law to exist, happen or be performed
14 precedent to the adoption of Resolution No. 24-2006, have existed~ happened and been performed in
15 the time, form and manner required by law;
16 (d) the Town has the authority to collect the assessments authorized by Resolution
17 No. 24-2006 and/or to use the assessments as security for the issuance of bonds and the source of
18 repayment for those bonds are issued.
19
20
21
22
23
24
25
26
27
28
Mfi.A!
4.
5.
F or costs incurred herein.
For such other and further relief as the Court may deem just and proper.
DATED: May 18,2006
McDONOUGH HOLLAND & ALLEN PC
Attorneys at Law
By: ~~ .>--~ ~~~
KIND. SEGEL
Attorneys for Plaintiff Town of Tiburon
lcDormugh __d & AI.... PC
Attorneys at tAw
5
Complaint for Validation
922959v I 29146/0004
GREENWOOD BEACH HOMEOWNERS' ASSOCIATION
Page 1 of2
3,
Heidi Bigall
From: Bruce Abbott [BruceDAbbott@comcast.net]
Sent: Wednesday, May 24, 2006 10:03 AM
To: Heidi Bigal!
Cc: Forrest Morphew
Subject: Kol Shofar
lJlG~8r
Good morning Heidi:
At the request of Forrest Morphew, Greenwood Beach Homeowners Association President, I am forwarding you
his letter addressed to the Council, which I request you forward to members of the Council.
Thank you, and highest regards,
Bruce Abbott
GREENWOOD BEACH HOMEOWNERS' ASSOCIATION
400 GREENWOOD BEACH ROAD
TIBURON, CALIFORNIA 94920
PHONE; (415) 383-1386
FAX: (415) 383-5539
MAY 22, 2006
TIBURON PLANNING COMMISSION AND TOWN COUNCIL
TIBURON TOWN HALL
1505 TIBURON BLVD
TIBURON, CALIFORNIA 94920
RE; KOL SHOFAR'S CONDITIONAL USE PERMIT APPLICATION
HONORABLE GENTLEPERSONS:
Our recent experience on May 6, in which Kol Shofar held a huge event in which all
guests could not be accommodated within the confines of their own parking facilities, resulted
in a very negative impact upon Greenwood Beach Road and the entire surrounding areas of
west Tiburon. In order to accommodate their large parking problem, they apparently arranged
for the overflow of their guests to park in the lots of the Westminster Presbyterian Church and
Tiburon Baptist Church and along Greenwood Beach Road and used shuttles to bus visitors to
the Kol Shofar community center.
Unfortunately, this popular event coincided with a highly publicized public event being
held at Lyford House of the National Audubon Society on Greenwood Beach Road at the same
time, in addition to many people who park their cars daily at the end of the cul-de-sac to use
Blackie's Pasture,
5/25/2006
... GREENWOOD BEACH HOMEOWNERS ' ASSOCIATION
'1 t'
't
Page 2 of2
These events, superimposed upon Greenwood Beach Road which is a popular multi-
use path for bicyclers, walkers, and joggers used daily by the hundreds, if not thousands, of
tourists from around the world, resulted in a congested, chaotic, even hazardous conditions
along the road. Non-resident cars parked almost the entire length of this short street, blocked
off driveways, reduced visibility, and made it difficult for residents even to back their cars out of
their driveways safely without endangering themselves or others.
Another grave concern we have about Kol Shofar's present application is should
Tiburon Baptist Church and Westminster Presbyterian Church cancel Kol's parking rights,
where will they go? Will they be forced to park out on Greenwood Beach Road?
Greenwood Beach Road is a narrow, charming, country road, without sidewalks,
ending in a cul-de-sac and its rural charm is greatly valued by all residents who live here. But
because of its limitations, we respectfully request that, if approved, you limit the expansion of
the Kol Shofar facility to the size of the parking area that can accommodate the guests in
attendance, rather than an expansion that will negatively impact not only the Greenwood
Beach Road and Bel Aire areas but the entire western part of Tiburon.
Your consideration of our concerns will be greatly appreciated.
Respectfully yours,
FRM/s
FORREST R. MORPHEW,
President.
5/25/2006
Pamela Torliatt
Councilmember
Petaluma City Hall
11 English Street
Petaluma, CA 94952
Phone (707) 778-4345
Fax (707) 778-4419
E-Mail
CityCouncil@ci.petaluma.ca.us
or
ptorliatt@aol.com
lI.
CITY OF PETALUMA
/)IG~8r
POST OFFICE Box 61
PET ALUMA, CA 94953-0061
May 18, 2006
RECEIVED
MAY 222006
TOWN MANAGERS OFFICE
TOWN OF TIBURON
Mayor and Councilmembers
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
Dear Mayor and Councilmembers:
Enclosed please find a copy of a recent resolution passed by the City of Petaluma
opposing the proposed casino located near the Marin-Sonoma county line along
Highway 101.
I urge your elected bodies to join our efforts to stop reservation shopping in our
region. We must all work together as a coalition to prevent these types of projects,
which would greatly impact our transportation infrastructure and harm our
environment.
Thank you for your attention to this matter and I look forward to continuing to
work with you all on this issue and others affecting our region.
~~~
Pamela Torliatt
Petaluma City Councilmember
Enclosure
~
f,
THE WITHIN INSTRUMENT IS A
TRUE COpy OF THE ORIGINAL
ON FILE IN THIS OFFICE.
1 . ATTEST
Reso lltlon No. 2006-090 N.C.S. CITYCL~ ~~1~'bO:~~TALUMA
of the City of Pet alum a, Califomia~~:T
TITLE
RESOLUTION OPPOSING THE DRY CREEK RANCHERIA BAND OF POMO
/
INDIANS PROPOSED CASINO PROJECT SOUTH OF PETALUMA
WHEREAS, the Dry Creek Rancheria Band of Porno Indians has applied to federal
authorities to build a second casino south of Petal urn a; and
WHEREAS, the area of approxin1ately 220 acres is located between Highway 101 and
the Petahllna River, east of the Kastania Road exit, just south of Pet alum a city limits; and
WHEREAS, this site is the same approximate area that the Cloverdale Band of POI no
Indians of California, aka the Makahmo Porno Indian Nation, proposed to acquire for a
reservation site in March of 1994; and
WHEREAS, building a casino and associated uses on this site would violate city and
county general plans and good land use policy; and
WHEREAS, this land provides habitat for wildlife as well as being used for agricultural
uses and livestock grazing; and
WHEREAS, such lands represent an important scenic gateway and urban separator to
Sonolna County; and
WHEREAS, the Tribe's plans were announced in the media without any goven1ment-to-
government consultation with affected local communities; and
WHEREAS, the proposed project could overwhelm the local infrastructure in the area in
which the casino project is proposed, including unceliainties over water supply and
transportation impacts; and
Resolution 2006 - 090 N.C.S
Page 1 of2
WHEREAS, the environlnental impacts of the proposed project have the potential of
being far-reaching and of such magnitude that they would negatively affect a significant portion
of the North Bay, including aggravating of existing traffic problems along Highways; 37 and 101,
as well as county and city roads in the project vicinity; posing severe water quality risks and
availability; profound negative visual impacts in this scenic area; impacting the existing lack of
affordable housing; and in1pacting the service area of en1ergency services; and
WHEREAS, when California voters approved Proposition lA (Indian Gan1ing) in March
of 2000 as a means of supporting the laudable goal of Indian economic development and self-
sufficiency, they were not aware that such approval would allow Nevada developers to seize
prized off-reservation environmental resources for intense development without regard to locally
approved general plans or any meaningful environmental review or protection.
NOW, THEREFORE, BE IT RESOLVED that thePetaluma City COllilcil, based on
the information currently available, strongly opposes the creation of a gambling casino, resort or
hotel on the site proposed by the Dry Creek Rancheria Band of Porno Indians.
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE:
I hereby certify the foregoing Resolution was introduced and
adopted by the Council of the City of Petaluma at a Regular
meeting on the 15th day of May, 2006, by the following vote:
Approved as to
fornl:
City Attorney
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor Glass, Harris, Canevaro, Healy, Nau, O'Brien, Torliatt
None
None
None
ATTEST:
City Clerk
Mayor
Resolution 2006 - 090 N.C.S
Page 2 of2
MARIN COUNTY UNITED VETERANS COUNCIL
A COORDINATING ORGANIZATION OF THE VETERANS GROUPS IN MARIN COUNTY
A NON-PROFIT TAX EXEMPT CALIFORNIA CORPORATION
~j
May 20, 2006
Mayor Paul Smith
Tiburon Town Hall
1505 Tiburon Blvd
Tiburon, CA 94920
DIGESt
Dear Mayor Smith:
We hope you will join us at the Marin Civic Center, Veterans Memorial Auditorium, on Monday May 29th
for the Memorial Day Program. The doors open at 9:00 A.M. Starting at 9:30 our famous "Sewer Band"
aka the "Las Gallinas Sanitary District Non-Marching Band" will play until 1 0; 00 A.M. when our
program begins with our welcomes, introductions and honors ceremonies. Lt. Colonel Michael N.
Wells, Commanding Officer of the 250th Military Intelligence Battalion is our Memorial Day speaker. His
Battalion recently returned from IRAQ. A few members of his battalion will join us on stage. We are
enclosing a flyer which lists the scheduled events.
If you can with us on Memorial Day please let me know. We would welcome your company and
request that you join us on stage so we can introduce you during the welcoming ceremonies. It would
be helpful if you would arrive slightly before 9:45 A. M. so you can meet some of our veterans and other
guests.
When the program in the auditorium is finished we will have a short parade to the Monuments Area
where we will welcome more veterans and family members. . We will have seats reserved for those of
you who plan to join us at the Monuments area. Following this, individuals and organizations will
present floral tributes honoring our deceased military servicemen and woman. This is the high point of
our program.
Regardless of the controversies about many issues, we feel that it is very important that our people
remember and honor those members of our military services who are now dying in combat as they join
the millions of others who have lost their lives while serving our country.
Sincerely,
/J ...... .....r::-.:.~
~fc(f.;;r~v
Co!. USA, Ret.
Director /Opns
300 Mt. Sh asta Drive
San Rafael, CA 94903-1030
(415) 472-7677(fax or phone)
jaxpotter@aol.com
.
.(;
MONDAY MAY 29, 1:806
AlJMlS610N IS FREE
Marin Veterans Memorial Auditorium
MARIN CIVIC CENTER
DOORS OPEN AT 9:00 A.M.
9:30 A.M. -10:00 A.M. Band Music - Las Gallinas Sanitary
DistrictN on.. Marching Band
10:00 A.M. - 10:25 A.M. Welcome, Introductions, Presentations
and Honors Ceremonies.
10:25 A.M. - 10:45 A.M. Featured Speaker, Lt. ColoD:el Michael
N. Wells, Commanding Officer,
250th Military lntelligence Battalion
10:45 A,M. - 10:55 A.M. Form up for the Parade,
Avenue of Flags
11:00 A.M. Parade, Avenue of Flags.
~^~'V"'./v"~"~~~../"v ..../"....~^A./'v^v^-..../'../v"Vv...../',
FOLLOWED BY CEREMONIES AND FLORAL TRIBUTES
AT THE MONUMENTS AREA .
TODAY - WE HONOR mOSE WHO -HAVE
SERVED AND SACRIFICED
OUR FREEDOMS WERE PAID FOR
THEY WERE NOT FREE
After the ceremonies join JS in the Redwood Room for refreshments - Courtesy of the Airforce Sergeants Auxilary
Coordinated by the Marin County United Veterans Council
;.
@omcast
May 16, 2006
RECEIVED
MAY 222006
Comcast Cable
12647 Alcosta Boulevard
Suite 200
San Ramon, CA 94583
Office: 925.973.7000
Fax: 925.973.7015
www.comcast.com
Mr. Alex McIntyre
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
TOWN MANAGERS OFFICE
TOWN OF TIBURON
DIGEST
Dear Mr. Alex McIntyre:
As you may be aware of, it has always been our goal at Comcast to ensure that
your office remains informed of the programming services offered to our
customers who reside in your community.
In keeping with our pursuit of that goal we are sending you this letter to inform
you of an upcoming programming adjustment.
Effective June 14,2006 Comcast will add Playboy TV Subscription to the existing
optional programming services. Playboy TV Subscription will be offered on
channel 853.
Comcast will continue to offer the Playboy channel as a pay-per-view option on
channel 853, as well.
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
Franchise Compliance Manager
Bay Market
Cc: Mr. Martin Nichols, Executive Director, Marin Telecommunications Agency
\~
.",
7.
MINUTES #7
TIBURON DESIGN REVIEW BOARD
MEETING OF APRIL 20, 2006
l)IG~
,8.,.
The meeting was opened at 7:00 p.m. by Bird
A. ROLL CALL
Present:
Chair Bird, Boardmembers Beales, Doyle and Teiser
Absent:
None
Ex-Officio:
Planning Manager Watrous and Minutes Clerk Williams
B. PUBLIC COMMENTS
There were none.
C. ST AFF BRIEFING
Staff noted that the project at 2288 Spanish Trail has been withdrawn and is expected to
be resubmitted with revised plans at a later date. Staff also noted that there were
currently no items for the May 4,2006 Design Review Board meeting.
D. NEW BUSINESS BEFORE THE BOARD
1.
138 LYFORD DRIVE
MCCAFFREY, ADDITIONSN ARIANCE
The applicant is requesting Design Review approval for the construction of additions to
an existing single-family dwelling on property located at 138 Lyford Drive. A new pool
equipment and storage shed and outdoor barbecue area would be constructed along the
southwestern (right) side of the property. A wooden trellis would cover much of the
barbecue area. Decks on three levels of the house extending toward the rear of the
property would be replaced and slightly extended. A series of retaining walls would be
constructed in the rear yard. As a 15-foot side yard setback is required in the RO-2 zone,
a variance is requested for reduced side yard setback.
Michael Heckmann, architect, discussed the project and noted that the objective was to
re-orient the activity areas more towards the main access points from the house. Mr.
Heckman also noted that after discussion with the neighbor at 134 Lyford Drive, they
have elected to remove the elements to which she objected, including the barbeque area,
trellis, pool equipment and storage building.
Chair Bird asked if the pool equipment would be relocated. Mr. Heckmann responded
that the applicant would meet with the neighbor before deciding.
TIBURON D.R.B.
4/20/06
1
~'f>o.
..... tli
Boardmember Teiser noted that the submitted plans proposed to place the pool equipment
in the setback. He advised the applicant that for future applications he would have
problems justifying the request for a setback variance for such equipment as the lot has
plenty of other places for pool equipment.
Mr. Watrous noted that he spoke to the neighbor at 134 Lyford Drive and she had no
objections to the rest of project.
Boardmember Teiser noted that with the revised plans he had no objections to the
application.
Boardmember Doyle agreed, noting that his only issues were with portions of the project
that have been eliminated from the application.
MIS, TeiserIBeales (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, as amended, to reflect the plans
submitted on April 19, 2006, with no variance granted.
2. 10 SOUTHRIDGE DRIVE EAST FULLER, ADDITIONS
The applicant is requesting Design Review approval for the construction of additions to
an existing two-story single-family dwelling on property located at 10 Southridge Drive
East. Changes to existing upper level of the house include the construction of a new
family room, office and entry, and expansion of the existing master bedroom suite and
breakfast nook. A new bedroom and bathroom would be added to the lower level, and
the interior stairway would be modified. Six (6) new skylights are proposed to be
installed. The lot coverage on the site would only be increased to 3,383 square feet
(14.8%), which is less than the 15.0% maximum lot coverage permitted in the RO-2
zone.
Michael Heckmann, architect, discussed the project. He noted that the neighbor to the
east was concerned about the extension of the addition into the side yard area and that the
plan has been modified slightly to address the concern. Mr. Heckmann also noted that
the applicant also met with the Leungs to ensure privacy between the two properties
Boardmember Teiser asked about landscape plans and who would choose the materials.
Mr. Watrous explained that a requirement to provide the plans could be imposed as a
condition of approval.
Mr. Heckmann discussed the proposed skylights and their positioning in the house.
Boardmember Teiser noted that he was concerned about relying on the trees to provide
screening for the skylights as trees are sometimes removed due to mishaps during the
renovation process. Boardmember Teiser also mentioned that shields are sometimes used
TIBURON D.R.B.
4/20/06
2
-
to help block the skylights and asked if that is an option. Mr. Heckmann noted that the
trees are not in jeopardy with this project.
Georgann Fuller, owner, discussed the project and addressed the tree situation.
Michael Rex, architect representing Rick and Lalita Waterman, stated that the Watermans
were opposed to the six proposed skylights. They have suggested installing louvers over
skylights, automatic blinds powered by photocells, or dome-type solar tubes to address
their concerns.
Lalita Waterman voiced concerns about the visual impact of trees that could be planted
on the property from her office and bedroom.
Mr. Heckmann responded that all possible efforts have been made to mitigate any effect
on the Waterman's.
Boardmember Teiser stated that he does not think it is necessary to move or eliminate
skylights, but he was concerned about vegetation that does not completely obscure the
skylights. He felt that some kind of shielding might be helpful and wondered whether
Staff could review the design of the skylights as a condition of approval. He noted that
privacy issues between neighbors can be resolved by planting vegetation on either side.
Boardmember Doyle noted the applicants have a great house with a great aesthetic and
that the addition works really well. He said that he did not have an issue with the
skylights that face the opposite direction. He felt that there is a simple solution to shield
one or two skylights that would stop a little bit of the light at night. He said that the issue
of possible trees to be planted on the side of the property is off the table.
Boardmember Beales thought that the project is a good design, and felt that the applicant
had demonstrated that the skylights are not an issue. He stated that the uphill-facing
skylights would be screened and the others would not look any different than other
downhill windows. He said that it is difficult to screen skylights that are so far below an
uphill house. He stated that the Leungs do not have a privacy problem as their home is
50 feet away from this house. He said that he can support the project as is.
Chair Bird stated that the design is a lovely improvement and very respectful. She said
that the bathrooms would not be used often enough to create an issue with their skylights,
especially for skylights oriented away from the uphill neighbors. Chair Bird supported
the project as is.
MIS, Teiser/Doyle (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, with the revised roofline as indicated on
plans submitted at the meeting, and an additional condition of approval requiring
the skylight design to be reviewed by Planning Division Staff as to skylight type,
design and shielding, to address any potential for nighttime light pollution.
TIBURON n.R.B.
4/20/06
3
3.
45 ROWLEY CIRCLE
POPE, NEW DWELLING
The applicant is requesting Design Review approval for the construction of a new two-
story single-family dwelling on property located at 45 Rowley Circle. The existing one-
story house on the site would be demolished. The proposed house would cover 2,955
square feet (15.0%) of the site, which is the maximum lot coverage permitted in the RO-2
zone. The proposed house would have a floor area of3,410 square feet, which is less
than the maximum floor area permitted for a lot of this size.
Phoebe Holscher, architect, discussed the project. She explained changes to the driveway
and retaining wall designs made in response to concerns raised by several neighbors.
Boardmember Beales asked about if the proposed solar panels would be installed on the
flat portion of the roof. Ms. Holscher noted that the solar panels will be indistinguishable
from the roof.
Boardmember Teiser asked about the pine trees near the driveway and Ms. Holscher
noted that the trees would be cut down and replaced with citrus trees. .
Roger Neal stated that this house is behind the subject property and that he had not had
time to review the plans as he was on vacation. He stated that the volume of house is
significant and would be inconsistent with other homes in the neighborhood.
In response to a query by the Board, Planning Manager Watrous noted that Mr. Neal's
house is slightly larger than the proposed house and is situated on a much smaller lot.
Jim Russell stated that he is concerned about three quarters of the morning sunlight from
his den being blocked out as well as the proposed concrete retaining wall.
Mark Morris noted that the applicants have been very cooperative in addressing his
concerns regarding the chimney and the landscape. Mr. Morris also noted that he would
like the house to be lowered into the ground so the home would more closely match the
slope of the hill.
Ms. Holscher noted that the neighbors' houses do not cut into the hillside and that the
retaining wall would barely stick out of the ground at one point. Ms. Holscher also noted
that with so much vegetation she felt that the retaining wall did not need any color or
different material.
Boardmember Beales stated that with regards to the neighbor looking at wall, imbedded
color would do a lot to hide it. He noted that Mr. Neil's house seems to be quite a ways
up the hill, and therefore the view angle should not be an issue. Boardmember Beales
stated that the only issue was the Mediterranean design, but he can support the project as
it is.
TIBURON n.R.B.
4/20/06
4
Boardmember Doyle thought that the wall issue can be solved pretty easily, possibly with
plantings. He also noted that the Neals' primary view does not look directly into the
entry. Boardmember Doyle said that he would like to see the house dug into the hillside,
but he acknowledged that this would be difficult to accomplish. He said that the design is
very nice and site appropriately.
Boardmember Teiser agreed that would be a nice idea to dig in the house, as this would
eliminate any sunlight issue for the Russells and make for a better driveway turnaround.
He felt that facing, possibly a false rock face, on the concrete retaining walls would help
until the plants grow in.
Chair Bird noted that her first impression was that the house was very large, especially
when viewed from the street, but felt that the design was understandable. She said that
the applicants are trying to expand within their existing building footprint in a
neighborhood of two-story homes. She added that whatever can be done to the retaining
walls to make the Russells comfortable would be very helpful. Chair Bird also noted that
Pittosporum is good for screening and that the driveway issues have been addressed. She
said that she could support the project as is.
MIS, Bealesl Doyle (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.
E. APPROVAL OF MINUTES #21 OF THE 12/1/05 DESIGN REVIEW
BOARD MEETING
Amendments include:
Page 2, 6th paragraph, add "and relayed changes regarding the size of the swimming
pool."
MIS, TeiserIBeales (passed 4-0) to approve the minutes as amended.
F. ADJOURNMENT
The meeting was adjourned at 9:20 p.m.
TIBURON n.R.B.
4/20/06
5
ct.
ACTION MINUTES #8
IJIG~8"
TIBURON DESIGN REVIEW BOARD
THURSDAY, MAY 18,2006
1505 TIBURON BOULEVARD
A.
ROLL CALL: Present -
Absent -
Ex-Officio -
Boardmembers Beales, Doyle, Frymier and Teiser
Chair Bird
Planning Manager Watrous and Associate Planner Krasnove
B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA)
C. STAFF BRIEFING
D. NEW BUSINESS BEFORE THE ROAD
1.
2.
3.
81 Paseo Mirasol
294 Cecilia Way
700 Tiburon Blvd.
Barry
Bonsteel
Belvedere Tennis Club
Additions/Floor Area Exception APPROVED
Additions APPROVED
Revisions to PlansN ariance APPROVED
E. APPROVAL OF MINUTES OF THE 4/20/06 D.R.B. MEETING - APPROVED AS AMENDED
F. ADJOURNMENT - 8:35 P.M.
,~l
.~
",.
'1.
TOWN OF TIBURON
PLANNING COMMISSION
1505 Tiburon Boulevard
Tiburon, CA 94920
Special Meeting
May 31, 2006 - 7:30 PM
i)IQ~
~8r
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 Planning Department Secretary at (415) 435-7390. 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 Planning Commission Agendas, Staff 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 Staff Reports are also available on the Tiburon website (www.cLtiburon.ca.us)
after 5:00 PM on the Friday prior to the regularly scheduled meeting.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide testimony
on agenda 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 Planning Commission at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Planning Commission 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
Planning Commission agenda.
AGENDA
CALL TO ORDER AND ROLL CALL
Chairman Kunzweiler, Vice Chairman Fraser, Commissioner Aguirre, Commissioner
Collins, Commissioner O'Donnell
ORAL COMMUNICATIONS
Persons wishing to address the Planning Commission on any subject not on the
agenda may do so under this portion of the agenda. Please note that the Planning
Commission is not able to undertake extended discussion, or take action on, items
that do not appear on this agenda. Matters requiring action will be referred to Town
Staff for consideration and/or placed on a future Planning Commission agenda.
Please limit your comments to no more than three (3) minutes.
~l", .
.,.'~
. .
Agenda - Planning Commission Special Meeting
May 31, 2006
Page 2
COMMISSION AND STAFF BRIEFING
Staff Update
Commission Information Items
UNFINISHED BUSINESS
1. 215 BLACKFIELD DRIVE: REVIEW OF FINAL ENVIRONMENTAL IMPACT
REPORT (FEIR) AND CONSIDERATION OF CONDITIONAL USE PERMIT
PROJECT MERITS FOR A PROPOSED EXPANSION OF AN EXISTING
RELlGIOIUS FACILITY AND DAY SCHOOL (CONGREGATION KOL SHOFAR);
Congregation Kol Shofar, Owner and Applicant; Assessor's Parcel No. 038-351-
34 (CONTINUED FROM MAY 10, 2006)
PUBLIC HEARING
2. 2240 CENTRO EAST: REQUEST FOR A CONDITIONAL USE PERMIT (FILE
#10603) TO OPERATE A TEMPORARY CONSTRUCTION STAGING AREA ON
A CURRENTLY VACANT LOT; Rolf Eiselin, Owner; Maggiora & Ghilotti, Inc.,
Applicant; Assessor's Parcel Number 059-1442-02
MINUTES
3. Planning Commission Minutes - Special Meeting of April 24, 2006
4. Planning Commission Minutes - Regular Meeting of April 26, 2006
5. Planning Commission Minutes - Regular Meeting of May 10, 2006
ADJOURNMENT
Future Aqenda Items
End of Stony Hill Road, Ling Precise Development Plan for 5 homes on 5.6 acres (TBD)
a030806
If).
IJIG~8"
DESIGN REVIEW BOARD
AGENDA
TOWN OF TmURON
1505 TmURON BOULEVARD
TmURON, CA 94920
DATE: 06/1/06
MEETING TIME 7:00 P.M.
AGENDA NO.: #9
PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all
points of view, members of the audience should:
(1) Always address the Chair; (2) State name for the record; (3) State views/concerns succinctly; (4) Limit presentation
to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the meeting must first be
submitted at the Staff table, to be entered into the record and retained by the Town.
If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent
out for items continued to a specific date.
A.
ROLL CALL:
Chair Bird, Boardmembers Beales, Doyle, Frymier and Teiser
B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA)
C. STAFF BRIEFING
D. NEW BUSINESS BEFORE THE ROAD
1.
2.
3.
64 Rancho Drive
140 Porto Marino
36 Terrace Court
Amrikhas
Huehne
Arce
WallN ariance
AdditionIV ariance
AdditionsN ariance
E. APPROVAL OF MINUTES #8 OF THE 5/18/06 DESIGN REVIEW BOARD MEETING
F. ADJOURNMENT
**PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER**
At
tV"'.
TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
June 7, 2006
P.M. - Closed Session
7:30 P.M. - Regular Meeting
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to
participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48
hours prior to the meeting will enable the Town to make reasonable arrangements to ensure
accessibility to this meeting.
AVAilABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and inspection at Town
Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes
are posted on the Town's website, www.cLtiburon.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.
II.
blQ~
~8,.
. \\
Agenda - Town Council Meeting
June 7, 2006
Page 2 of 3
. TENTATIVE AGENDA
CLOSED SESSION
CALL TO ORDER AND ROLL CALL
Councilmember Berger, Councilmember Fredericks, Councilmember Slavitz, Vice Mayor Gram, Mayor Smith
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject not on the agenda may do so now.
Please note however, that the Town Council is not able to undertake extended discussion or action
tonight on items not on the agenda. Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration and/or placed on a future Town Council
meeting agenda. Please limit your comments to no more than three (3) minutes.
PRESENTATION
· Tiburon Peninsula Chamber of Commerce Cable TV promotional piece
CONSENT CALENDAR
1. Approval of Town Council Minutes - May 8,2006
2. Approval of Town Council Minutes - May 17, 2006
3. Recommendation by Interim Director of Administrative Services - Accept April 2006 Town
Investment Summary
4. Recommendation by Director of Public WorkslTown Engineer - Request for Contract
Amendment for Fountain Plaza Art Installation (Reed/Madden Designs)
5. Recommendation by Director of Community Development - Abandon Drainage Easement at 6
Mateo Drive
6. Recommendation by Interim Town Manager - Protecting Local Authority in Telecommunications
Services
a) A Resolution of the Town Council of the Town of Tiburon
In Support of Protecting Telecommunications Services and
Vital Town Interests
Agenda - Town Council Meeting
June 7,2006
Page 3 of 3
PUBLIC HEARING
7. Recommendation by Interim Town Manager - Mill Valley Refuse Franchise Agreement
Amendment and Rate Increase
8. Presentation by Interim Director of Administrative Services - Introduction of FY 2006-07
Municipal Budget and Capital Improvement Program
9. Report by Building Official- Appeal of Fines for Expired Building Permit and Reactivation Fees
Appellant: Abraham Valentino
Project Address: . 121 Sugarloaf Drive
AP No.: 58-313-03
Continued at Appellant's Request from Apri/19, 2006
REGULAR AGENDA
COUNCIL AND COMMITTEE REPORTS
WRITTEN COMMUNICATIONS
. Town Council Weekly Digest - May 19, 2006
. Town Council Weekly Digest - May 26, 2006
. Town Council Weekly Digest - June 2, 2006
ADJOURNMENT - to next regular meeting scheduled for June 21, 2006
FUTURE AGENDA ITEMS
. Award of Contract for Street Rehabilitation Project - (June 21)
. Cypress Hollow LLD Annual Assessment - (June 21)
. Presentation by Sanitary District NO.5 for Proposed Sewer Line Extension and Easement on Tiburon
Ridge - (June 21)