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Home My WebLink AboutTC Agd Pkt 2003-04-02 . , . r;. )j?s(if Ct)? TOWN OF TIBURON Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 April 2, 2003 6:00 PM - Artist Reception 7:15 PM - Closed Session 7:30 PM - 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 TOVl{n 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. 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. AGENDA CONFERENCE WITH lEGAL COUNSEl- EXISTING LITIGATION (Section 54956.9(a)) Howard Zack, Diane Zack v. MERA and Town of Tiburon MERA v. Town of Tiburon and Dean Bloomquist Citizens for Open Process in Antenna Siting (COPAS) v. MERA and Town of Tiburon CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Gram, Councilmember Thompson, Vice Mayor Fredericks, Mayor Slavitz . ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Agenda - Town Council Meeting April 2, 2003 Page 2 of 3 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 vour comments to no more than three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion unless a request is made that an item be transferred to the Regular Agenda for separate discussion and consideration. Any item on the Regular Agenda may be moved to the Consent Calendar. 1. Approval of Town Council Minutes - March 19, 2003 2. Recommendation by Town Manager - Authorize Town Manager to Approve Contract for Audit Services 3. Recommendation by Director of Community Development - Application for Well Permit at 24 Old Landing Road a) b) Owner/Applicant - Kessler AP No. 038-171-64 REGULAR AGENDA 4. Recommendation by Chief of Police - Special Event Permit to stage Classic Car Show on Paradise Drive on Saturday, AprH26, 2003 5. Recommendation by Director of Public WorkslTown Engineer- Request by Golden Gate Transit for Town Maintenance of Relocated Bus Shelter at Stewart Drive and Tiburon Boulevard I 6. Recommendation by Director of Public WorkslTown Engineer - Draft Guidelines for Formation of Undergrounding of Utilities Assessment Districts 7. Report by Town Manager - State Budget Update PUBLIC HEARING 8. Recommendation by Director of Community Development and Town Attorney - Rescind Emergency Ordinance and Resolution Pertaining to 145 Sugarloaf Drive 2nd Reading and Adoption of Ordinance (Read by Title Only) a) An Ordinance of the Town Council of the Town of Tiburon Repealing Ordinance No. 469 N.S. that Established Streamlined Permit Review Procedures for a Wireless Communication Facility Located at 145 Sugarloaf Drive (Assessor Parcel No. 058-351-31) " . 1 . . .,; , 1) . Agenda - Town Council Meeting April 2, 2003 Page 3 of 3 COUNCIL COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - March 21, 2003 Town Council Weekly Digest - March 28, 2003 ADJOURNMENT UPCOMING AGENDA ITEMS & EVENTS . . . . . . . . . . . . . . . . . 2002-03 Street Rehabilitation Program Award of Contract - (April 16) Adoption of Trestle Glen Bicycle/Pedestrian Final Report - (April 16) Proposed Policy for Special Event Permit Fees - (future agenda) Downtown Design Guidelines Furniture Supplement - (future agenda) Report of Downtown Element of General Plan - (future agenda) Resolution in Support of Formation of Raccoon Lane Undergrounding Utilities District Creation of Downtown Business Improvement District - (future agenda) Draft Grading Ordinance - (future agenda) Draft Open Space Policy Guidelines - (future agenda) Report on Library Expansion - (future agenda) Request by Landmarks Society for relocation of Gallows Wheels to Donahue Building - (future agenda) Recognition of Outgoing Commissioners 2000-2003 - (May 7) Presentation of 8th Annual Heritage Preservation Award - (May 7) 2003-03 Street Rehabilitation Program - (May 7) Proposed Tiburon Jet Ski Ordinance - (May 21) ------...-----------------------------------------------------------------------------------------------------------------------...-------- . Jt. Workshop - Town Council/Design Review Board - (April 30) . Jt. Workshop - Planning Commission/Design Review Board - (May 8) . Jt. Workshop - Town Council/Planning Commission - (May 29) . . . -n \"" \ " >>!J{), I --"',.---------- TOWN COUNCIL MINUTES CALL TO ORDER Mayor Slavitz call~gJhe~l'.egtrlar meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesdn~'M~ch T9:"!OtH,~ Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ~ __~.... ~-- ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, GTam, Slavitz Thompson PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer Echols, Chiefof Police Odetto, Director of Administrative Services McVeigh, Town Clerk Crane Iacopi CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Howard Zack, Diane Zack v. MERA and Town ofTiburon MERA v. Town ofTiburon and Dean Bloomquist Citizens for Open Process in Antenna Siting (COPAS) v. MERA and Town of Tiburon PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957) Title: Town Manager ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Slavitz said that no action was taken in closed session. ORAL COMMUNICATIONS Alan Lefkof, 131 Sugarloaf, new president of the Marinero Homeowner's Association, thanked Mayor Slavitz for his advocacy in his public comments regarding MERA. He encouraged the Council to continue to demand engineering solutions to the siting issue in Southern Marin and to convince MERA not to appeal. Lefkof also suggested that a task Town Council Minutes # 05 -2003 March 19, 2003 Page 1 force ofMt. Tiburon and Marinero homeowners could be formed to study possible locations for a new MERA facility in Southern Marin. CONSENT CALENDAR 1. Approval of Town Council Minutes - March 5, 2003 Councilmember Berger and Vice Mayor Fredericks made changes to the minutes. 2. Recommendation by Director of Administrative Services - Accept Town Investment Summary for February 2003 3. Recommendation by Town Manager - Authorize Town Manager to Approve a Request by the Marin Housing Authority to Refinance Bradley House Note (Resolution) 4. Recommendation by Town Clerk - Appointments to Town Boards, Commissions and Committees - continued from March 5, 2003 . HERITAGE & ARTS COMMISSION MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 4, as amended. Gram, seconded by Fredericks AYES: Unanimous ABSENT: Thompson REGULAR AGENDA 5. Presentation and Request by Angel Island Park Superintendent - Proposed Restoration of the Immigration Station a) A Resolution of the Town Council of the Town of Tiburon Endorsing the Angel Island Immigration Station Area Restoration Project Located on Angel Island State Park Angel Island Superintendent Nick Franco made a brief presentation in support of the project. He said that the Park had formed a coalition with the Golden Gate National Recreation Area and a private foundation in San Francisco which had resulted in the immigration station being named an historic landmark. In addition, Franco said, it had been named one of the 11 landmarks most in need of restoration in the country. He said that funds had been obtained in the amount of $50 million to date, but that an endorsement from the Council and other groups would allow them to move forward to seek additional funding in order to complete the project. Town Council Minutes # 05 -2003 March 19, 2003 Page 2 , ,:-... . . . . . . Council concurred that this waS a project of great historical significance to the entire Bay Area. MOTION: Moved: Vote: To adopt above resolution of endorsement. Fredericks, seconded by Berger AYES: Unanimous ABSENT: Thompson 6. Presentation by Mill Valley Refuse Senrice - Proposed Changes to Curbside Recycling Program General Manager Jim Iavarone said that the franchise was moving toward "single stream" recycling and he showed the Council a prototype of a 64-gallon blue can on wheels that would allow residents to place all their recycling in one container (except for green waste). He said that this new container might even allow the franchise to move to a biweekly instead of weekly pick- up (of recyled materials) which could result in potential savings to all parties. Councilmember Berger and Vice Mayor Fredericks said that they had received unfavorable comments from residents concerning the size and color of the cans. Mr. Iavarone said that 32 gallon cans were also available but stated that it would be the preference of Mill Valley Refuse to deliver one standard [ 64 gallon] can to residents and allow for exceptions after the fact. He did not think it would be possible to change the color, however, as the drivers needed to be able to recognize the kind of cans they were picking up. Councilmember Gram said that it was impossible for people with steep driveways to use the cans. Councilmember Berger said that he had no space for such a large container. Mayor Slavitz asked if the regular trash containers could come with wheels too. Mr.Iavrarone said they could not due to the very problem identified by Councilmember Gram. He said that the customers continued to want "back yard" service for trash, and the current cans could be carried on the backs of the garbage workers. During public comment, Ark reporter Deirdre McCrohan asked if a billing increase was anticipated for this new container, similar to the one instituted upon introduction of the "green can. " Mr. Iavarone answered affirmatively, stating that there were capital outlays involved, including the conversion of trucks to single bin recycling. He reiterated the efficiencies that would be gained in the long run. Town Manager McIntyre said that the Southern Marin city managers whose cities contract with Mill Valley Refuse Service had met to discuss refuse and recycling rates but that it was premature to talk about what those rates might be. He anticipated that a new rate application would be in hand by April! st. He also stated that the Town had retained a consultant to study the recommendations, per the franchise agreement. Town Council Minutes # 05 -2003 March 19, 2003 Page 3 Ms. McCrohan again asked if there was a cost specifically associated with bringing the new containers on line. Mr. Iavarone said that the cans alone would cost the ratepayers an additional . .33 per month. 7. Recommendation by Town Manager - Request from MERA for Partial Activation of System Town Manager Mcintyre brought the Council up to date on the request by MERA for partial activation of the system in Northern Marin. He said that he had held a meeting earlier in the week with five city managers and two fire chiefs from Southern Marin whose districts would not be included in the partial activation. He said that initially they were concerned about the cost of studying alternate locations in Southern Marin but that their concern had shifted to the costs associated with moving forward with a partial activation of the MERA system. Mr. Mcintyre said that only four agencies, including the cities of San Rafael and Novato, would be included in the partially activated system and that 22 agencies would not be able to participate. He referred to a "late mail" memo from MERA Executive Director Marty Nichols recommending ''that there be no change in the sharing formula for MERA operating costs under a temporary operation of the system without the Mt. Tiburon site, where some agencies are able to receive service and others remain without." Councilmember Gram asked for clarification of the meaning ofltem No.3 of Mr. Nichols' memo, that ''the added capital costs in locating a south county site will be shared among all members according to the current formula." . Town Manager Mcintyre said that he would seek clarification at the March 20 MERA Board meeting. He also said that the Marin managers wanted to know whether March 20 represented a "drop dead" date in which to decide to vote for partial activation. Vice Mayor Fredericks framed "the questions for Council as follows: 1. What assurances does the Town have moving forward 1 that the Southern portion of the system will be completed] if the system is partially activated? 2. Who will pay for it? 3. And what is being paid for under the MERA Operating Agreement? Ms. Fredericks recommended asking for more time to clarify these issues and if the Board denied the request, for Town MERA representative Mcintyre to vote against partial activation. Town Manager Mcintyre also provided the Council with maps showing coverage areas under the scenario of partial activation. He pointed out the "holes" in Southern Marin which had always been there, but he also said that a reduction in coverage (to 90%) was now being discussed. Furthermore, Mcintyre said that the current proposal showed Southern Marin as a "spur site" rather than an essential part of the system as previously contended by MERA. Town Council Minutes # 05 -2003 March 19, 2003 Page 4 . . . . ~~ Councilmember Berger asked whether the Town could stop payment on the bonds, for instance, if that were its only recourse to achieve its goals. Mr. McIntyre replied that it might be possible but he said he doubted that it would get to that point. Mayor Slavitz said that the $60,000 per year currently paid by the Town to MERA was split between the bond and operating costs of the system. Town Manager McIntyre affirmed this statement. Town Manager McIntyre said that there were three issues for the Council to consider with regard to partial activation of the system: 1. The recommended downgrade of the system from 97 to 90% coverage; 2. Whether to approve the request for partial activation; 3. Whether to impose conditions on partial activation. Councilmember Gram recommended asking for more time to clarify the issues or voting against partial activation. Town Manager McIntyre said that would be his recommendation, as well. Mayor Slavitz opened the matter to the public. Allan Lefkof advised the Council to approach the situation in a business-like manner and to "drop the emotion" and "view of history" in dealing with MERA in order to move forward. He suggested that that the Town wholeheartedly support the North County activation to see if it worked well and then force MERA to complete the Southern Marin system. He said that the only condition he would place on the deal would be to ask MERA to stop the appeal process and on spending any more money on legal strategies. Brian Lantier, concurred with Mr. Lefkof's last suggestion but reminded the Council that MERA had been willing to go so far as to invoke a penalty clause in the contract [upon itself] in order to force the Town to accept one of the Tiburon sites. He said that the Town should continue to hold all of its cards and not give away anything. He recommended a "no" vote until more information was obtained. Mayor Slavitz closed the public hearing. The Mayor recommended that the Town Manager clarify the cost of partially activating the system and future cost allocations. Vice Mayor Fredericks also asked that the proponents state the benefits of reduced coverage. Town Manager McIntyre said that the idea was to get more agencies connected to the system more quickly. Vice Mayor Fredericks asked whether this (reduced) coverage was a long-term solution. Town Council Minutes # 05 -2003 March 19, 2003 Page 5 McIntyre said that it was not, as the contract required Motorola to provide 97% coverage. ~ The Vice Mayor recommended an extension oftime or a "no" vote to get it. . Councilmember Berger said that he would hate to have the agencies settle for 90% coverage. also said that he would want Tiburon to show maximum good faith in not holding up other communities in moving forward with a partial activation. He Councilmember Gram reiterated his previous recommendation. Mayor Slavitz said that it was important to show good faith while not forgetting past history. He said he would encourage partial activation if some sort of conditional approval could be obtained. Town Manager McIntyre said he would take the Council's comments to the Board and ask for an extension of time. He then recommended that Council move to hear Item No. 10, which they did. 8. Recommendation by Town Manager - Reaffirm Joint Oversight JP A Committee Program Mayor Slavitz stated that the item had been removed from the agenda. 9. Recommendation by Town Manager - Review of Revenue Enhancement Proposals . for Incorporation into the 2003-2004 Annual Budget Town Manager McIntyre said that 15 ideas for possible revenue enhancement had been brought forward for further discussion from the Town Council/Staff retreat. The importance of exploring these ideas, according to McIntyre, was to head.offthe inevitable adverse effects of the State budget crisis. McIntyre said that although the Town's projected revenue to date was $200,000 over budget, this represented a dramatic reduction in revenues over the past two years. He also stated that while the current fiscal year was still a "good year," he predicted that next year would be harder. The Town Manager told Council that the "good news" was that Tiburon would continue to have strong property values and resulting property taxes. What could hurt the Town would be further State "take-aways" from this important revenue source, according to the Town Manager. Mr. McIntyre acknowledged that some ofthe revenue enhancement ideas discussed in the Staff report might be politically sensitive. However, he asked Council to direct Staff which ones to study further. Vice Mayor Fredericks said that without a better picture of current expenditures, it would be difficult to go to the voters to ask for additional fees or taxes. She also said that further Town Council Minutes # 05 -2003 March 19, 2003 Page 6 . . information would be required to give Staff direction on long-term ideas such as economic development, annexation, and the purchase of downtown parking lots. Fredericks commented that annexation did not seem to be revenue enhancing on its face, but she advised Staff not to give up the opportunity to work with the County to plan for the future of the Paradise Drive area. Mayor Slavitz said that it was an excellent report. The items discussed, and resulting Council direction (yes/no)-were as follows: . . . . . . . . . . . . . . . . Revenue audits - yes. Acquisition of parking lots - no. Administrative overhead charges to assessment districts - yes. Increase Special Event Permits fees - yes. Annexation - yes, with focus on Paradise Drive; no to Eagle Rock and Greenwood Cove. Consolidation of police services - yes. Increase parking fines - yes. Implement a security appraisal fee - no. Implement an economic development program - no, just look at zoning issues downtown. Enact a drainage impact fee - yes. Implement a stormwater pollution prevention program fee - yes, but not on November ballot. Increase Business License tax - no. Increase Transient Occupancy Tax - yes, but gather information from other cities such as Emeryville first. Increase Real Estate Transfer Tax - no. Charge Joint Recreation Committee for space - no, but perhaps adjust revenue split with City of Belvedere. PUBLIC HEARING . 10. Recommendation by Director of Community Development and Town Attorney - Rescind Emergency Ordinance and Resolution Pertaining to 145 SugarloafDrive Introduction and First Reading of Ordinance (Read by Title Only) a) An Ordinance of the Town Council ofthe Town of Tiburon Repealing Ordinance No. 469 N.S. that Established Streamlined Permit Review Procedures for a Wireless Communication Facility Located at 145 SugarloafDrive (Assessor Parcel No. 058-351-31) Town Council Minutes # 05 -2003 March 19, 2003 Page 7 Director of Community Development Anderson said the ordinance and resolution pertaining to 145 Sugarloafhad to be rescinded by court order. He recommended holding first reading of the ordinance and adoption of the resolution. Mayor Slavitz opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read ordinance by title only. Gram, seconded by Fredericks. AYES: Unanimous ABSENT: Thompson Mayor Slavitz read, "An Ordinance of the Town Council ofthe Town of Tiburon repealing Ordinance No. 469 N.S. that established streamlined permit review procedures for a wireless communication facility located at 145 Sugarloaf Drive (Assessor Parcel No. 058-351-31)." MOTION: Moved: Vote: To pass first reading of Ordinance. Berger, seconded by Fredericks AYES: Berger, Fredericks, Gram, Slavitz NOES: None ABSENT: Thompson b) A Resolution ofthe Town Council of the Town of Tiburon Rescinding Resolution No. 51-2002 that Approved the Southern Marin Emergency Radio Authority at 145 Sugarloaf Drive (Assessor Parcel No. 058-351-31) MOTION: Moved: Vote: To adopt above resolution. Fredericks, seconded by Gram AYES: Unanimous NOES: None ABSENT: Thompson COUNCIL COMMITTEE AND COMMISSION REPORTS None. WRITTEN COMMUNICATIONS Town Council Weekly Digest - March 7, 2003 Town Council Weekly Digest - March 14, 2003 Homeowner's Summit agenda (March 29) approved. Town Council Minutes # 05 -2003 March 19, 2003 Page 8 ~~ . . . . . . " ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 9:20 p.m., sine die. ATTEST: DIANE CRANE IACOPI, TOWN CLERK JEFF SLA VITZ, MAYOR Town Council Minutes # 05 -2003 March 19, 2003 Page 9 . . . Town of Tiburon STAFF REPORT ~ AGENDA ITEM TO: Mayor and Members of the Town C~ Alex D. Mcintyre, Town Manager ~ Proposed Agreements for Revenue Audits FROM: SUBJECT: MEETING DATE: April 2, 2002 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . 11. . . . . . . . . . . . . . . . . . At its March 19, 2003 meeting, the Town Council recommended that staff retain consultants to perform revenue audits of the Town property taxes, sales taxes, transient occupancy taxes and business license taxes. The HdL Companies HdL has a wealth of experience and knowledge performing these audits for California public agencies. The HdL Companies are well qualified to undertake the audits for the property tax and sales tax portion of the audits. They no longer perform transient occupancy tax business license tax audits. It would be virtually impossible to estimate any level offinancial success that the audits would discover. Because of the set up of the HdL companies, the Town will need to enter into two separate agreements with them for each type of audit. The proposed cost for the audits follows: Sales Tax 15% of all new sales or use taxes received by the Town as a result of the audit Property Tax $2,500 plus 25% of misallocated revenue received by the Town as a result of the audit Sufficient funds have been budgeted to cover these expenses. Tes - Tax Compliance Services The HdL Companies recommended TCS for the transient occupancy tax audits. I contacted Jim Johnson to solicit a proposal. TCS has performed transient occupancy tax audits for a number of bay area communities. They have the experience and knowledge to undertake this project on behalf of the Town. Based upon his proposal, on average, TCS has recovered 3%-5% on behalf of his clients. This represents from $12,000 to $20,000. Clearly, there is no guarantee that he will be able to uncover such accounting errors in Tiburon. The cost for audit will be a one-time free of $2,850. Sufficient funds have been budged to cover theses expenses. Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Business License Taxes The Town has not yet been able to identify a consultant to perform a business license tax audit. As soon as one is identified and proposal received, we will return to the Town Council for contract approval. Service Agreements The Town Attorney has not yet been able to review and approve all of the proposed service agreements with each of these companies. If the Town Council approves retaining these companies, I will have the Town Attorney complete the review. Recommendation It is recommended that the Town Council authorize the Town Manager to retain the following consultants to perform revenue audits: 1. The HdL Companies to perform a property tax audit in the amount of $2500 plus 25% of all property tax revenues received by the Town as a result of the audit; 2. The HdL Companies to perform a sales tax audit in the amount of 15% of all sales tax revenues received by the Town as a result of the audit; and . 3. Tax Compliance Services to perform a transient occupancy tax audit in the amount of $2,850. It is further recommended that any consultant service agreement be approved to form by the Town Attorney prior to engaging each consultant. . March 28, 200 page 2 of 2 r /." '( . . . Town of Tiburon STAFF REPORT 3 AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . MAYOR AND MEMBERS OF THE TOWN COUNCIL BRIAN LYNCH, ASSOCIATE PLANNE~ 24 OLD LANDING ROAD; FILE #W03-01 REVIEW OF A WELL PERMIT APPLICATION FOR THE DRILLING OF A WELL FOR THE PURPOSES OF IRRIGATION. ~ APRIL 2, 2003 REVIEWED BY: ................................ .. . TO: FROM: SUBJECT: MEETING DATE: PROJECT DATA: OWNER! APPLICANT: WELL DRILLER: ADDRESS: ASSESSOR PARCEL NUMBER: FILE NUMBER: LOT SIZE: ZONING: GENERAL PLAN: FLOOD ZONE: DATE COMPLETE: CEQA EXEMPTION: PERMIT STREAMLINING ACT DEADLINE: TERRY KESSLER WEEKS DRILLING AND PUMP COMPANY 24 OLD LANDING ROAD 038-171-65 W03-01 3 ACRES RO-2 (SINGLE-FAMILY RESIDENTIAL OPEN) ML (MEDIUM-LOW DENSITY RESIDENTIAL) C MARCH 19, 2003 APRIL 3,2003 JUNE 2, 2003 PROPOSAL: The applicant has submitted a request to drill a well on the property at 24 Old Landing Road for the purposes of irrigation. The well would be located on the southeast corner of the property approximately 30 feet from the Old Landing Road right-of-way. No specifications for any well appurtenances, such as water storage containers, have been submitted at this time. The owner is required to obtain design review approval for any such appurtenances. ANALYSIS: In reviewing well permit applications, the Town must ensure that the proposal is in compliance with the requirements set Chapter 13F of the Municipal Code (water well construction and use). In accordance with Chapter 13F, staff has made the following conclusions: April 2, 2003 Page 1 of 2 '''. Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . .' '. . . . . . . . .'.- . . . . . .. . . . . . . . . . . . The applicant has provided the necessary documentation to ensure that that the contractor to perform the work has the appropriate credentials, and that the location of the proposed well will not affect the properties in the vicinity. . Based on the submitted materials, it appears that the granting of the permit will not be detrimental to the public health, safety or welfare, nor injurious to other properties in the vicinity. Based on the above conclusions, the project is found to be in compliance with the Town's requirements in respect to the construction of irrigation wells. PRELIMINARY ENVIRONMENTAL DETERMINATION: Planning Division Staff has made a preliminary determination that this proposal would be exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303. RECOMMENDATION: It is recommended that the Town Council review this project with respect to Chapter 13F of the Municipal Code (water well construction and use) and determine that the project is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303 of the CEQA Guidelines. It is recommended that the Council adopt the attached resolution of approval for the proposed project. . EXHIBITS: 1. Draft Resolution . April 2, 2003 Page 2 of2 L.' / 'i . . . RESOLUTION -DRAFT A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE DRILLING OF A WELL FOR IRRIGATION PURPOSES ON A PROPERTY LOCATED AT 24 OLD LANDING ROAD ASSESSOR PARCEL NUMBER 038-171-65 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. FindinQs. A An application for drilling of an irrigation water well has been submitted by the property owner of 24 Old Landing Road. B. The Town Council has reviewed the application and determined that the project is consistent the requirements of Chapter 13F of the Municipal Code concerning water wells and is consistent with the Tiburon General Plan. C. The Town Council has determined that the project is categorically exempt from the requirements of CEQA per Section 15303( d) of the CEQA Guidelines. D. The Town Council finds that the project, as conditioned, will not be detrimental to the public health, safety, or general welfare nor injurious to other properties in the vicinity. E. The Town Council finds that the owner has provided a written report from a registered civil engineer stating that the water well is unlikely to produce harmful impacts on neighboring properties or result in subsidence. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the application for an irrigation water well at 24 Old Landing Road subject to the following conditions: 1. The well shall meet all applicable well standards adopted by Chapt~r 7.28 of the Marin County Code, as may be amended from time to time, and any other regulations adopted by the County pursuant thereto. 2. The well shall meet all applicable requirements of the Marin Municipal Water District. 3. No well-related work shall commence until such time as a Well Permit Certificate has been issued by the planning Director. Hours of well drilling and any associated construction work shall be limited to 7:00 AM. to 5:00 P.M. Monday through Friday, and 9:30 AM. to 4:00 P.M. on Saturday. Town Council Resolution-DRAFT - Well Permit at 24 Old Landing Road J ATTACHMENT #~ :~~;: , ."' ~~ 4. Any and all equipment and/orvehicles associated with the well construction shall not prevent or substantially impede vehicular passage on any street within the Town of Tiburori. . 5. Site Plan and Architectural Review approval shall be required for any structures associated with the well, such as water storage containers, which require such approval. 6. This approval may be suspended or revoked for cause, pursuant to Section 13F- 8 of the Tiburon Municipal Code. 7. This approval shall expire and become null and void six months after Council approval. One extension of up to six months may be granted by the Town Manager for good cause. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on April 2, 2003, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: . JEFFREY SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK S:\blynch\Resolutions\24 Old Landing Road WelI.RES.doc Town Council Resolution-DRAFT - Well Permit at 24 Old Landing Road 2 . ATTACHMENT # L l$.I\{. ~t . Town of Tiburon STAFF REPORT AGENDA ITEM ~ Ii". . '.. '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR SLAVITZ AND MEMBERS OF THE TOWN COUNCIL FROM: MATTHEW C. ODETTO, CHIEF OF POLICE ;; ~~T:~ ;~~~~~ ;;3~~ ~~~~I~..~L~;~~; ;~~ . . BACKGROUND The Town Clerk received a Special Event Permit request for a classic car show to be held on Saturday, April 26, 2003.The promoter has requested to utilize the roadway of Paradise Drive between Main Street and Mar West Street. Three to five hundred people are expected to attend this year's car show. This would require a street closure in this area from 10:00 am through 4:00 pm. The Town had approved this event in the previous year. However, the prior location of the event was on Main Street. . ANAL VSIS The promoter, Mr. Tom O'Neil has met with the Police and the Fire Department staff on several occasions. Mr. O'Neil has developed a comprehensive plan to address the following concerns: 1. Traffic congestion related to the Paradise Dr. street closure. 2. Provide the appropriate signage reflecting the road closure. 3. Provide adequate event staff for clean up. 4. Provide adequate first aid personnel. ( Provided by TVFD) 5. Provide adequate restroom facilities. Some of the proceeds of this year's event will benefit the Belvedererriburon Parks and Recreation Department. Mr. O'Neil has met with the Chamber of Commerce and the Landmark Society regarding the event. These two organizations are in favor of this event and the location chosen by the promoter. On Wednesday, March 26th, 2003, Mr. O'Neil also met with the Point Tiburon Board of Directors to advise them of the event. The Board of Directors had some concerns that were addressed. . March 27, 2003 1 of 2 Town of Tiburon STAFF REPORT AGENDA ITEM .. ..... ... .... ...... ..... ........ ....... ...... ANALYSIS (Cont.) Although this event is planned for a Saturday in the Shoreline Park area, the event and subsequent street closure should not adversely impact vehicular or pedestrian traffic in the area. RECOMMENDATION That the Town Council approve the Special Event Permit and authorize the street closure between Main Street and Mar West Street. ""~:::. \, . . . March 27, 2003 2 of 2 . ...../ ,"' r;t . . FEB 21 2003 4:22PM THE TOWN OF TIBURON 4154352438 p. 1 DATE OF EVENT: TOWN OF TIBURON SPECIAL EVENT PERMIT 'f/')b /0"3 TlME:(Start to Finish) IV A - Lf 'P ~-r 1-\..1" ~ c... C A-42- 'S~..) c0 TYPE OF EVENT: Number of Pe Ie anticipated: LOCATION: -Af!-A'V I 9E- Pr-r,.,:)o, (\'( A,,p...... u:~'ST 50rJ + fl.-Il..lR- -../ E"TuJr:::t='':; 7'" :0 U J..J(), .A:~:;>< r...rr I,JE;f~ ~'P-"2J1) NAME & ADDRESS OF INDIVIDUAL OR SPONSORING ORGANIZATION: --:r I 6Lk. fZ..o rJ GL-~ 'S' Co' ~ K-P~ ~; ~,u 6 (li:::?~ ? 2E - hl(-") p'-'\.. 6 If'oJe t iL-- Home Phone: #?l5- .,C>~s- Work Phone: //1':1-- d<l'7' - "14'#/ FaxNumber. ~ '31 --c,.t.; ':=)'-;- -<......- CLEAN-UP & RECYCLING - (REQUIRED BY TOWN OF TI8URON. Contact Romney Fennell at 43&-7380 for details.) , . '/-;:1 6 R. ~~: -- ...I?-n:-'^ ~ i<~ ~-ff> ~ J bE' f) 1 OfLbPri..J IZE L .~ FIRST AID: -XC P..",.r-- - )If'~ I gee /'; ,. Do you anticipllte using sound amplHlc8tlon equipment? '\e'5 Iho,plaude8Cribe: V~T. '-PLA[I"-'~ ("",,6) 1-< L-J..."S/C- Your Permit will be appn:wed mlbt after receipt of documentation showing that the Town of Tiburon has been added as an additional named ins\Jred to your Insurance policy for this event This normally requires an endorsement. A certificate showing only that you have insurance is not sufficient. Special Event Insurance can be purchased through the Jt Recreation Department at 435-43S5(ssk for Dana Thor). Fax or mail your completed form to Town HeR at 435-2438, ~511buron Blvd. 949 . . Thank you. Date: Z- 'l,1 b -7 (h:~ C r ~ Applicant . ~ ) /LI: ~ / pftte Superintendent of Public Works Date ~ \2 ~ Planning Director Date ~ ~ i ~ ........ ~ Town Manager Date C"C"\ . ~ f"\1\l ~ ~ .:;;. i...., r 0/: ~....~ ~:',:":;.,...,.,~" . ',l' ~ t-\C'()< \ \'0 \~~LtS ( A lR_$. VP\Tl-k"C D C,.t~t.S\J'lR.-J~ JJ srL{ l-e '- ON 13~ :;:.Oe 1 S'T~~' j1; , OT\4.::: 1L S I DC <r=~ ~ ee.A.:>T6 fL. Cl A.Jc ~ ~ I fZ-eMAJO 6~N; " ! DP "iO~~ ".J \\ \~ I l.._~'1 ~L~j C1b'~ -r6 0 11 t::. :. ~ eA~'D,..J~~P6 ..1 !b j(C::'EP ge-Opr:?- ~ r:f+ 'Ye,v-~ ~ '-P~e"le':''l ~ ;~ ~ U. ~T b I' ,;' r;:- .. L D o J J I ;1D ilL. ~/L---- ,> r-, S CS e> C/ 1t51l) , .Y/~\() ~r)~f/d v fZt;"7\'A-vDf'/) \ 1 .A ~ L0 t ~ "1' n \ ~ '. ~~ '. . . . fE~?fd . Town of Tiburon STAFF REPORT 5 AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .- . . . . . . . . . TO: Mayor and Members of the Town Council Pat Echols, Director of Public WorkslTown Engineer FROM: SUBJECT: Golden Gate Transit Request for Town Maintenance of Proposed Bus'Stop Improvements at TiburonIiI d. near Stewart Dr. . MEETING DATE: April 2, 2003 REVIEWED BY: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND . The Golden Gate Bridge, Highway & Transportation District (District) has been developing plans for a new bus stop near the intersection of Tiburon Boulevard and Stewart Drive. A presentation was made by the District to the Tiburon Town Council on February 18, 1998 and Council voted to support the District's plans. At that time, given the improvements would be located within Caltrans' right-of-way, staff believed that Caltrans would be responsible for maintenance of the new improvements. The District provided Town staff with updated plans last fall which indicated that the bus stop location had been shifted eastward from the Stewart Drive intersection pursuant to Caltrans sight distance criteria. The Council discussed this briefly at the November 20, 2002 Town Council meeting and directed staff to send notices to the residents on Virginia Drive in the vicinity of the proposed bus stop. A copy of the project plans are attached as an exhibit. The bus stop will include widening Tiburon Boulevard to accommodate the stop, construction of new curb, gutter and sidewalk, minor storm drain modifications, a shelter structure, and a retaining wall (up to about 8 feet in height). In addition to the plans, staff has provided supplemental information (see Exhibits) which describe the proposed finish texture and color of the retaining wall element of the project. DISCUSSION . The District continues to seek final approval of an encroachment permit from Caltrans. One of the unresolved issues pertains to maintenance of the new improvements. The District sent a letter to the Town in 1997 indicating that they expected the local jurisdictions to maintain the new bus stop improvements to be built throughout Marin County. The District proposes to maintain the shelter only and expects either Caltrans or the Town to maintain all other improvements including the new sidewalk, curb & gutter, retaining wall, new pavement, concrete ditch, etc. All of these improvements are to be located within Caltrans' right-of-way. Accordingly, staff concludes that (consistent with the District's 1997 request) maintenance responsibility falls within Caltrans' jurisdiction. It should be noted that Caltrans reconstructed and maintains the new bus stop improvements along Tiburon . I . oJ-Lt"IJ(j ~ -s: ~/. '".p o~/"'Ii \\'z ,..,/.-^- ~~j.",. .~ .~. -, o"='f#J" ~;~,:~~~~p{ ., O~-^liA ,t-l . . , . March 26, 2003 1 of 2 . . " 'Boulevard at Jefferson Drive. The District has indicated that withouta maintenance commitment fromeithefCaltrans or theTown, the project may not move forward. _.....* . s ~Iris: re~cimmended that the Town Council endorse the project plans ~and direct staff to ~ reqLJesttha{C:gltrans agree to maintain the improvements associated with the~~new:> bus~top. ., . . . .. .. . . . . . . . . . . . . . . .. . . . . . . . . RECOMMENDATION . , ;.-r...:~:" .-:'!:i,'.': .; ',~r-";' . March 26, 2003 2 of 2 o ;:0 rn -I~ ~o z:;xJ o~ "-0 -Ie mm eC: :;xJo o~ Zo :;xJ @ ~ Z [fii'il o <: cg=al .... [fii'il ~'. =' ~ ~ o N [fi:fi] ~ dJ ~~ ~z ~z /TI 2 /TI 2 ;00 ;0 0 /TI > /TI > o ;;1 0;;1 /TIVI /TI VI ~ VI ;;! 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I M~3 '110 5.5' ~~ 3 Ui'~~~ o l:lt:opl ~ ~ ~~: !a . ~ ~!ij~m ~ B ;~~ ~~!6~ Roil ~8 !il!t! iil~ l8 -~ _0 +'" 0>...... ~.3 ~~83 ~~ i~ I ~ez~ z ztll_ ~66~i .3~ JI Zo 6 81 ~ I ~~ ~ I ~ I ~ ~ I ~ ~/~ ~, I ~ ~ ! 9>!:j c~~ i 5.5' I 5.5' ~ !il i ~~ ~ Davis Colors(TM): Mix-Ready@ Color Card Page 1 of2 Davis Colors Mix-Ready@ Colo.r Card Note: Once you are finished looking at this chart, please click here. For instructions on how to use this chart, click here. I...".... ,_, ". '"~"Y'."""", "~,..,",, ..,"".~,,,_",, "".., ,_," ...."._,~,,,. .,_.u ...... ". , .... '.."",,,,,.,.,, "~,,....._,.. .'",''','' ..~_~. "__.~"._...,, .......~.'...,_."._~,."_." ~"__"_~""""_'.",."~ ,~. ,'.."" " .....,,'..~ "'~. .~"__,,." ....",.'""'..^'.,.^.,..~__"..,_....._...'....~.,..~...,,-.. .._. ....M~.,.....~,..,.". .n....~_....... w"r.'m._"""""'~' ..."....._..,.~..".,...."_._",~,, ..,."., Base color sample: The base-color of cement determines color range. Like all natural materials, variation is normal in concrete. These are simulations of concrete made with reference Type II gray cement, light tan sand and water to achieve 4" slum . Actual job.,.site results may differ. - - Sandstone Canyon Santa Fe Pebble 0.75 LB 5237 0.5 LB 160 0.75 LB 1117 0.5 LB 641 - - - . Dune Outback Silversmoke Light Gray 0.5 LB 6058 0.5 LB 677 0.25 LB 8084 0.5 LB 8084 - Dark Gray 1 LB 8.84 Color _Ddard - - Mocha Rustic Brown San Diego ButT Sangria 1 LB 6058 2 LBS 6058 1.5 LBS 5237 1.5 LBS 1117 - - -, - Sunset Rose Baja Red Sequoia Sand Southern Blush 1 LB 160 2 LBS 160 1 LB 641 1 LB 10134 - -?-_~ Salmon Mesa Buff Omaha Tan Harvest Gold 2 LBS 10134 2 LBS 5447 1 LB 5084 2 LBS 5084 - - - - Mesquite Taupe Sierra Bayou 1 LB 677 2 LBS 677 2 LBS 61078 1 LB 6130 - - _. - Cocoa Pewter Cobblestone Graphite 2 LBS 6130 1 LB 860 2 LBS 860 2 LBS 8084 Color Group: Premium http://www.concretestains.com/products/MixReady/mxcol orcard2 .html 3/27/2003 /' Architectural Concrete Form Liners for textured and pattemedconcrete. Grades include U...Page 1 of 1 Formliners - Fractured Textures - Uni-Cast (HIPS) Fractured Texture Form Liners have been popular for years and remain so today. Several patterns are available to provide the best visual effect for a given project. Ribbed patterns can be used horizontally in Tilt-up and Precast applications, but should Note: Back-up strips are available for most patterns requiring extra support. Please click here to learn more. Click on Style Number or image to view product details Style Number: 347U Design: Trapezoid with Aggregate Face Width: 47.25" Height: 118" Depth: 1.25" Style Number: 366U Design: Fractured Rib Width: 47.25" Height: 120" Depth: 1" Style Number: 367U Design: Fractured Rib VA D.O.T. Width: 48" Height: 120" Depth: 1" Style Number: 369U Design: Trapezoid with Aggregate Face Width: 48" Height: 120" Depth: 1.5" View Photos View Photos Style Number: 36sU Design: Trapezoid with Aggregate Face Width: 49" Height: 120" Depth: 1.5" Style Number: 373U Design: Fractured Fin Width: 48" Height: 120" Depth: 1" View Photos Style Number: 374U Design: Ripped Rope Width: 48" Height: 120" Depth: 0.375" Style Number: 37SU Design: Ripped Rope Width: 48" Height: 120" Depth: 0.625" Style Number: 3761..1 Design: Fractured Granite Width: 48" Height: 120" Depth: 0.75" htto://www.greenstreak.com/div3/Formliner/formliner details.asp?subdivisionid=21 &mat... 3/27/2003 Davis Colors(TM): Mix-Ready@ Color Card Page 1 of2 , Davis Colors Mix-Ready@ Color Card Note: Once you are finished looking at this chart, please click here. For instructions on how to use this chart, click here. Base color sample: The base-color of cement determines color range. Like all natural materials, variation is normal in concrete. These are simulations of concrete made with reference Type II gray cement, light tan sand and water to achieve 4" slump. Actual job-site results may differ. Color Group: Subtle - - - Sandstone Canyon Santa Fe Pebb~e 0.75 LB 5237 0.5 LB 160 0.75 LB 1117 0.5 LB 641 - - Dune Outback Silversmoke Light Gray 0.5 LB 6058 0.5 LB 677 0.25 LB 8084 0.5 LB 8084 Dark Gray 1 LB 8.84 - - Mocha Rustic Brown San Diego Buff Sangria 1 LB 6058 2 LBS 6058 1.5 LBS 5237 1.5 LBS 1117 - - - - Sunset Rose Baja Red Sequoia Sand Southern Blush 1 LB 160 2 LBS 160 1 LB 641 1 LB 10134 - - - - Salmon Mesa Buff Omaha Tan Harvest Gold 2 LBS 10134 2 LBS 5447 1 LB 5084 2 LBS 5084 - - Mesquite Taupe Sierra Bayou 1 LB 677 2 LBS 677 2 LBS 61078 1 LB 6130 - Cocoa Pewter Cobblestone Graphite 2 LBS 6130 I LB 860 2 LBS 860 2 LBS 8084 http://www.concretestains.com/products/MixReady/mxcolorcard2.html 04/0212003 Davis Colors(TM): Mix-Ready@ Color Card page L or L ,. ~ .. tile Red 3 LBS 1117 - Brick Red 4 LBS 160 Terra Cotta 4 LBS 10134 Spanish Gold 3 LBS 5084 Palomino 3 LBS 5447 - Flagstone Brown 3 LBS 641 Adobe 4 LBS 61078 Kahlua 4 LBS 677 Willow Green 3 LBS 5376 Green Slate 3 LBS 3685 Instructions Quantities given for each color indicate the weight of pigment to mix with each 94 lb. sack of cement. The swatches represent mortar made with gray masonry cement and common sand. For full instructions, ask your building material dealer for a Mix-Ready Data Sheet, or call a Mix- Ready service center or click here. These video reproductions are just for ideas. If you choose a color based on this screen, you may be in for a big suprise. Please finalize your selection from our printed color card, hard samples or job site test. We welcome guestions or comments. Or call: 323-269-7311 Toll Free 800-356-4848 http://www.concretestains.com/products/MixReady /mxcolorcard2.html 04/0212003 ~ I,.) , .- \ Town of Tiburon STAFF REPORT AGENDA ITEM lz- TO: Mayor and Town Councilmembers FROM: Pat Echols, Director of Public WorkslTown Engineer SUBJECT: Adoption of Town Policy Regarding the Formation of Utility Undergrounding Assessment Districts MEETING DATE: April 2, 2003 REVIEWED BY: ~ BACKGROUND AND DISCUSSION On February 2, 1994, the Town Council adopted Resolution No. 2996 which affirmed the Town's strong support of undergrounding of overhead utility wires throughout the community. Additionally, as part of the Town's General Plan update process, survey respondents and workshop participants have identified utility undergrounding as a priority. In an effort to provide better guidance to residents and neighborhood groups, Town staff has developed a draft policy that outlines the steps and procedures necessary to establish a utility undergrounding assessment district. The document has evolved since the formation of the recent Stewart Drive undergrounding project and has recently updated in order to incorporate key information based on questions that have arisen with the recent interest shown by the Lyford Cove and Del Mar neighborhood groups. Given the flood of interest (and questions) being generated by many Tiburon neighborhoods, staff realized that the draft policy needed to be presented to the Town Council for adoption. Although the document surely may not answer all questions that may arise from residents, staff feels that is important to be able to distribute an adopted policy document to the public. The document can be regularly updated to be even more informative and incorporate new issues, law changes, etc. which may arise in the future. The Town Manager, Town Attorney and I plan to meet with the Town's bond counsel and financial adviser on Tuesday, April 1, 2003. Any suggestions that spring from that meeting will be brought to your attention at your Town Council meeting. RECOMMENDATION It is recommended that the Town Council adopt the attached policy and procedures regarding the formation of utility undergrounding assessment districts. EXHIBITS Draft Policy & Procedures March 27, 2003 1 of 1 T own of Tiburon, California DRAFT POLICY & PROCEDURES FOR THE FORMATION OF UTILITY UNDERGROUNDING DISTRICTS Town Policy The Town ofTiburon strongly supports the undergrounding of overhead utility wires and poles (see Town Council Resolution No. 2996, adopted February 2, 1994). Undergrounding of overhead utilities improves public safety under fire, earthquake and high wind conditions; reduces utility company maintenance costs for tree trimming to maintain overhead lines and equipment; and results in improved visual characteristics. General Overview Many of the procedures, events and steps described herein are conducted in accordance with Californi'a State law and guidelines of California Public Utilities Commission that regulate the Pacific Gas & Electric Company (PG&E) and other utilities with respect to many ofthe physical and financial requirements for utility undergrounding projects. The Town must comply with these laws and regulations while taking appropriate actions to coordinate the project from its inception to its completion. California State law provides guidance with respect to formation of districts to carry out undergrounding of utilities. Generally, such districts must have the approval at least a majority of the Property Owners in the proposed district, be approved by PG&E and other utilities affected, and by the Tiburon Town Council. If a district meets all ofthese requirements, the Town will require all Property Owners within the district to participate. Proposed undergrounding districts will be private special assessment districts. Property Owners should anticipate that the district will assess 100% of the cost of the underground project to the affected Property Owners. However, PG&E may have credits available to finance portions of the project, which would provide some savings to the Property Owners. The propodents of a proposed ~ndergrounding district must submit a written petition to the Town showing the support of 60% of all Property Owners in the prospective district. Upon receipt of a satisfactory petition, the Town will begin the process of district formation. An estimate of the cost per parcel is prepared by the Engineer-of- Work. The cost may vary with the size and geographical characteristics of each district. The individual Property Owners is the District are responsible for paying all costs associated with moving the overhead utilities in the public rights-of-way underground. Each Property Owners may pay his or her share either in cash before the start of construction or over time, by special assessment. The special assessment may be paid in cash or levied annually for a period of up to 30 years. The Town will collect assessment payments by billing Property Owners on their Marin County Property Tax Bill. In additions to paying to relocate the utilities in the public right of way, all property owners are responsible for the cost of undergrounding the connection from their property line(s) to their private utility service panel(s). Up to 10 percent of the total bond assessment can be made available for financing individual service connection work (typically on a first come, first served basis). The entire process may take at least 12 to 24 months from the time the district is actually formed by the Town Council (assuming no legal actions/challenges). The duration of the process may also be affected by utility company staffing priorities. Procedural Events & Steps for District Formation This section outlines the events, steps and procedures required to form utility undergrounding assessment districts in Tiburon. 1. Preliminary Meetings. Interested Property Owners meet with Town Staffto discuss the process and procedures, and to have questions answered and concerns addressed. This would typically include representatives ofthe Department of Public Works and the Town Manager. The project proponents would also be encouraged to hold a neighborhood meeting to discuss the proposed project, solicit input, . answer questions, etc. and schedule an informal presentation before the Town Council to solicit informal support for the proposed project. 2. Petition ofInterest. Proponents ofthe proposed district circulate Petitions of Interest among all Property Owners of the prospective district. 3. BoundarvMap. Property Owners, with Town Staff and Utilities' assistance, prepare a Boundary Map ofthe area proposed to be the district based upon the results of the circulated petition. At this time, the utility companies may require a deposit before scheduling a 'boundary walk' or preliminary survey ofthe proposed district. This deposit must be provided by the project proponents and not by the Town. 4. The Proponents submit the Petition of Interest and Boundary Map to the Town Clerk. Property Owners representing at least 60% of the total number of parcels in the proposed district must sign the Petition. The Proponents must submit the Petition to the Town Clerk, together with a Boundary Map. Staff will verify and certify the Petition. A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts March 28, 2003- Page 2 of 7 5. Subscription Deposits. Property Owners raise funds for preliminary design engineering and construction cost estimates, and legal advisory services. Funding must be sufficient to secure engineering cost estimates from PG&E, Pacific Bell, and the Cable franchise provider and to pay the advance costs required to retain the Engineer of Work for the district. The Town will appoint the Engineer-of-Work for the district. The Engineer-of-Work will develop or caused to be developed complete technical plans and drawings for review by the utilities, and establish final cost estimates for the bidding process. Plans must contain detailed information on trench size and location, and the location of equipment within the trenches. Such drawings are usually ordered and directed by the Engineer-of- Work. At this time such costs range from $1,500 to $1,800 per property owner. As further described in the following section, the Property Owners are also required to raise funds for Legal Advisory services. In accordance with a recently adopted Settlement Agreement, this amount is to be $100 per Property Owner, up to a maximum of$l 0,000 for the entire district. At this time, an estimated total of about $1,700 per Property Owner will probably be required to fund preliminary costs associated with the district. This is an estimate only and actual costs will depend on the size of the district, complexity of the project and the market costs for the preliminary services required to form the district. Ifthe district is successfully formed and issues bonds, it will refund or credit these funds to the Property Owners in proportion to their contribution. If for any reason, the district is not successfully formed, and/or fails to issue the bonds required to fund the project, the Property Owners will forgo the amount of their contributions that have been expended. 6. Resolution to be Adopted The project proponents request that the Town Council adopt Resolution Accepting Petition and Determining to Initiate Sp~cia1 Assessment Proceedings. 7. Professional Services for the District. The Town will retain, appoint, or contract with the professional services necessary to legally form the district; design, construct, and manage the project; and finance the public improvements. Such services include, but are not restricted to: Bond Counsel, Engineer-of- Work, and Financial AdvisorlUnderwriter. The Town will a,lso collect an administrative fee of up to 5% of the bond amount to cover costs of processing and managing project development and implementation. A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts March 28, 2003- Page 3 of 7 8. Bond Counsel. The Town appoints Bond Counsel to direct all legal proceedings ofthe District. Bond Counsel will coordinate and direct all legal work necessary to form the district, conduct proceedings, levy special assessments, and issue bonds. In accordance with a Town Council Settlement Agreement, appointed Bond Counsel shall also provide advice and information to interested Property Owners concerning the assessment process and their rights and responsibilities therein. . All Property Owners shall be provided with notice of their right to meet with Bond Counsel, and this notice shall include written materials that describe the assessment process and their rights and opportunities to be heard during the process. . Bond Counsel shall hold at least 2 meetings for the purpose of advising the Property Owners: The 1st meeting as soon as practicable following Town appointment of Bond Counsel, the 2nd second meeting shall be held before Town Council votes to preliminarily adoptthe Engineer's Report for the district. . To the extent that Advisory Funds are available, Bond Counsel shall be available to provide brief follow-up telephone consultation to affected Property Owners. . In the event the Advisory Fund is insufficient to provide all of the Advisory Services described in this section, Bond Counsel shall provide Advisory Services in the following order of priority: (1) written materials describing the process; (2) meeting with Property Owners prior to adoption of the draft Engineer's Report; (3) meeting following retention of Bond Counsel; and (4) telephone consultation. . The Town Attorney has sole discretion to supervise Bond Counsel's provision of Advisory Services to ensure, so far as practicable, that such services are fairly allocated between all affected Property Owners. 9. Engineer-of-Work. The Town appoints an Engineer-of- Work to prepare the Engineer's Report for the District Project. Major responsibilities will include: · A description of the improvement proposed to be accomplished. · A description of the method of assessing the costs among benefited properties. (The Town discourages cost allocations which are based primarily or partly on aesthetic/view benefits resulting from the removal of utility poles and overhead wires.) A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts March 28, 2003- Page 4 of 7 · An estimate of the costs, including all incidental costs. · Detailed plans and specifications for the construction. · A boundary map of the district. · An assessment diagram showing the dimensions of all properties to be assessed. · Submit the completed Engineer's Report to Town Council for approval. 10. Financial Advisor/Underwriter. The Town retains the services of a Financial Advisor and/or Underwriter to provide services associated with financing of the proposed improvements. 11. Engineer-of- Work Activities "" Following appointment of professional support servIces, engmeenng of the project IS undertaken and substantially completed -The Engineer-of-Work files the following items with the Town Clerk: · Engineer's Report · Map of Boundaries for Proposed District · Technical Plans & Specifications for Project '\ 12. Bond Counsel Activities Bond Counsel prepares the following items for Town Council adoption: · Resolution ofIntention to Make Acquisitions and Improvements · Resolution Preliminarily Approving District Formation/Boundary Map, Engineer's Report, and Directing Actions with Respect Thereto · Resolution Approving Plans and Specifications and Calling for Bids for Construction 13. Town Council Activities Immediately following the meeting wherein the Town Council adopts the resolutions described in Item 12, the Town Clerk, in coordination with the, Engineer-of-Work and Bond Counsel, takes the following actions: · Town Clerk mails Notices of Proposed Assessments and Ballots to Property Owners at least 45 days prior to the Public Hearing · Town Clerk records Map of Proposed Boundaries of the District · Town Clerk coordinates publication of call for bids for construction A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts March 28, 2003- Page 5 of 7 14. Informational Workshop In the 45-day period following the actions described in Item 13, Town Staff and the professional district consultants hold a Workshop concerning the project and proposed financing. 15. Construction Bids Town solicits construction bids. The Engineer-of-Workand Town Staff receive and analyze construction bids approximately two weeks prior to the date set for the public hearing in order that adjustments may be made to assessment amounts 16. Public Hearing At a public meeting held at least 45 days following mailing of the Notice of Proposed Assessments, the Town Council conducts the following proceedings: · Hold a public hearing · Hear formal protests · Open and count ballots The Town Clerk opens and counts ballots. Ifthe affirming percentage is greater than 50, Town Council may complete formation of the district and order the improvements done, ifmore than 50 percent are against, the proceedings must be abandoned. If a majority vote is received, and Council approves the project, Council then adopts: Resolution Adopting Engineer's Report, Confirming Assessments and Directing Actions with Respect Thereto This resolution will include provisions that establish completion time requirements for property owners' individual service connections. 17. Town Clerk Actions Immediately following that Town Council Meeting, the Town, with the coordination of the Town Clerk, Engineer-of- Work and Bond Counsel, takes the following actions: · Town Clerk Files and Records Assessments, Notices of Assessment and Assessment Diagram · Town Clerk Publishes Notice to Pay Assessments. The Notice to Pay Assessment to the property owners will include the deadline date for completing individual service connections. · Town Clerk Mails Notices to Pay Assessment to each Property Owners A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts March 28, 2003- Page 6 of 7 " 18. Property Owner Actions Property Owners have a 30-day period in which to pay cash for their assessment or any portion thereof. At the end ofthe 30-day period, the exact amount of bonds to be issued is determined and fixed. · The Administrative Services Director completes the List of Unpaid Assessments · The Bond Purchase Agreement and Official Statement are filed with the Town Clerk. 19. Town Council Action At a Town Council Meeting following Item No. 17 above, Town Council adopts: · Resolution Authorizing Issuance of Bonds · Resolution Authorizing Execution of the Construction Contract. 20. Administrative Services Director Action The Administrative Services Director and Financial AdvisorlUnderwriter price the bond issue, and the Town executes the following: · Bond Purchase Agreement · Preliminary Official Statement 21. Bond Closing Approximately 2 weeks following the previous Council actions, there is a Bond Closing. At the Bond Closing, the Town sells the bonds, usually through the District Underwriter. This sale provides the funds for district activities. 22. Execution of Construction Contract The Town executes the Construction Contract and work commences. Town staff makes. progress payments to the Contractor as with any public works contract. 23. Utility Coordination Upon completion of construction, the Town coordinates with the utilities to connect all property owners to the new underground system. 24. Work Completed After all connections are completed, the utilities will remove the overhead system. A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts March 28, 2003- Page 7 of 7 ,t l' l I t ! \ c !, ~F ~0i ; ~a H j' , I.! ii1 I'. [,..,. i'~j ,.It~ ,~. '~I t ~I .1....,'. .~.... I~:..'iiif! , ,..,."" . /"1 L-,,j"'~ ~ ~ :~~D';tJ~::J ]j~) lv ~~~ TO: Public Works/Town engineer, Alex McIntyre FR: Pat Montag, 7 Raccoon Lane REcenfED APR - 1 2003 RE: Wire Under grounding DATE: April I, 2003 TOWN MANAGERS OFFiCE TOWN OF TIBURON Before Guidelines are set up for formation of under grounding of utilities, it would be advisable for the town engineer to meet with some of the homeowners who have either completed the undergrounding or who are involved in it currently. We need to lrnow how the town can facilitate and aid the homeowners in their efforts. The town should have available the forms & procedures in written form so that each new district does not have to start from scratch. This would include samples of the petition, contact numbers for the utilities, and a format of the procedures required by the town. The town should also make sure that any up front funds to the town required of the homeowners in a district should be refundable upon completion if no controversy (legal issues) arise. Every dollar counts in securing approval by some of the older homeowners or people with limited available funds. If the town puts up roadblocks to these districts, the undergounding will come to a halt & we will be stuck with the unsightly wires. You have informed us that there are many more utilities requesting more wires which will only add to the melee. If there is any way the town can require these additional independent companies to contribute dollars to the undergounding, it would be of great service. Remember, these projects are in the town's interest and will make our town a much safer and more attractive place to live. SHARP & BROWN, LLr A Limited Liability Partnership Attorneys at Law ~ ~ r0J ~ ~ W ~ ~ Glendale Federal Building 0 U; ~ ~ 630 Las GaUinas Avenue, Suite 310 APR - 2 2003 U San Rafael, California 94903 TOWN ATIORNEY'S OFFICE +++++++++++++++++++++++++++++++++++++++++++++++++++~*TIoBURON ..'-' . .' !cje)/?2 J1~k ;1/d. ro I ..----.~----- :-- P.Ol Apr-02-03 03:31P :;./ Fax Cover Sheet DA TE: Apr;1 2,2003 TO: Ann Danforth FAX: 435-2438 .FROM: JUDITH AUSTIN DROWN Sharp & Brown. LLP PHONE: (415) 507-1400 FAX: (415) 507-1408 email judith@shllrpbrown.com RE: MICHAEL AND CHRRYL GUHEEN UNDERGROUNDING OF UTILITIES ASSESSMENT DISTRICTS Number of page!! including Cl)v~r !!heet: 2 TH.: INFORMATION cONTAINED IN THIS I'AC:SIMII.t: MESSAGE IS rRon:cn:J> KY TilE ATTORNE\'/ClIENT rlllVII.t:(;[ AND/OI~ TH~: AfTOR~EY. WORK fROIllIC. fIUVILEGES. IT IS IXITNJ>EJ> Ill'll.\' FOK ....U: l:SE OF TilE INOIVII)lIAL :'IIAMEO i\KllVE, ANO TilE rRI\'II.F:c..a:s ANE NOT WAIVED BY VIRTl'.: O..,.HI.... Hi\YINC; IJH:N SEN'I BY FACSIMI L[, IF TilE rt:HSO'\ Acn:ALLY RECEIVING THIS MCSI\1ILE OR ANY OTHt;I( IU:AUt:K ()~ TIlt: FACSIMII.E IS NOT THE NAMEI) RE(.:IPI~~NT, OK TIlE EMrLOYn~ OK A(;E~T RESrO:'llSIDLE TO 'W,I.IV.:K IT TO .....: /IOAM[D REClpn~NT, ANV t:SE. IHSSUlINATlON. D1STRIBllnUN OR COPYING or TillS c..:Ol\1l\1lINU AI 10" IS STKIC:'f\.'i rnoHIRrn:l). IF YOll tt^V~: Kt:n:IVIi.D TillS COMM{I~ICi\n()N IN ERROR. rLEASE IM~n:J)JAn:LY NUIU., lIS BV TELErUOIII ~~. ANI) RETl1RN THt; ORI(;INAI. MfSSAGE TO liS "ltHE Allovr ADDRESS VIA Till:: ll.S. 1'0SL\1. S~:RV'''':. .rJIANK VOII. ^ COPY 01 TillS TRANSMISSION WILL At=: FORWARDEL> (3)' KEGULAR MAli, YES __x NO Apr-02-03 03:32P P.02 . ~~.' SHARP & BROWN, LLP A l.imitet.lliability PIlrtfJel1ihil1 \ Attorneys At Law 6.10 I.fI,V (,'ulllllas A venue, Suite! 11f1 Sail Nafad. Culif"mlu 94903 Facsimile (415) 507-1408 e-mail sb1400(alpQcbell.net Telephone (415) ~07-1400 John F.. Sharp Jut.lith Austin Rrown Audrey Ng Roybal April 2, 2003 Viu Facsimile 435-2438 Ms. Ann Danforth. Tl)Wn Attorney 1505 Tiburon Blvd. Tihuron, CA 94910 RE: Petition for lJndergrounding Assessment Distriet Dear M~. DanfOlth: This finn rcpresents Michael and Cheryl Guheen. own~rS of residential real pmptlrty located at 2218 Mar East, Tiburonj California, more specifically identi Iled as Parcd No. 059- ) 81-83. Mr. and Mrs. Guheen also own an adjoining unimproved property, specifically, Parcel No. 059-181-82. Mr. and Mrs. Guheen's daughter, .lessieLl Guheen, owns lWl) (2) adjoining unimproved propertics, specifically j Parcel N01;. 059- J 81-53 and 059-181-54. The three (3) unimproved lots are collectively referred to herein as "the Ouhecn properties". We understand that Item NO.7 on tonight's Tiburon Town Council Agenda is u recommendation by the Director of Public WorkslTowll Enginecr regarding DraB Guidelincs for Fonmlti(ln of Undergrnunding of Utilities Assessment Districts. We hlrther understand that lhe Guheen properties are within line of the proposed Districts. While Mr. and Mrs. Guheen support in principle the creation of the proposed Districts, lhey believe that the Dralt Guidelines $hould reflect the faclthat unimproved parcel~, specifically Parcel Nos. 059-181-82, 059-181-5J and 059-181-54, should not be subjecllo as~essment as they will derive no benefit from the proposed District. Thank you and the Town Council for your attention to this matter. Very truly yours, SHARP & .BROWN, LLP () _ .~~"~ JUDITll AUSTIN BROWN JA13\jm srlll MIII'jIL_,lIl11daIl1orthlU()402. DOC 'LATEMA'iL t~L TOWN OF TIBURON POLICY & PROCEDURES FOR THE FORMATION OF UTILITY UNDERGROUNDING DISTRICTS ~T_~ Town Policy The Town of Tiburon strongly supports the undergrounding of overhead utility wires and poles (see Town Council Resolution No. 2996, adopted February 2, 1994). Undergrounding of overhead utilities improves public safety under fire, earthquake and high wind conditions; red~ces utility company maintenance costs for tree trimming to maintain overhead lines and equipment; and results in improved visual characteristics. General Overview These policies describe the basic considerations and actions required to relocate and to finance such relocation of overhead utility lines underground. The policies are provided to guide property owners in achieving undergrounding of utilities in their neighborhoods and to help the Town Council, Town Staff and Town consultants in assisting in such efforts. The procedures, events and steps described below are governed by California State law and guidelines of California Public Utilities Commission (regulating the Pacific Gas & Electric Company (PG&E) and other utilities) about the physical and financial requirements for utility undergrounding projects. The Town must comply with these laws and regulations while taking appropriate actions to coordinate the project from its inception to its completion. To provide for financing and to enforce connections to the underground system, the undergrounding . districts will be special assessment districts established by the Town under State law. Unless contributions are available from other sources, property owners should know that 100% ofthe cost of the underground project to the assessed to the properties in the district. If available, funds from PG&E and other utilities will be applied to help reduce the costs, but there is no assurance of such availability. The proponents of a proposed district must submit a written petition to the Town showing the support by owners of at least 60% of all of the parcels of property in the prospective district. The Town will supply a form of petition and instructions on its signing. Along with the petition, the required deposit for costs (see discussion below) and an informal map showing the parcels proposed to be included must be provided. Upon receipt of a satisfactory petition, deposit and informal map, the Town will begin the process of district formation. ;' The Town will retain the Engineer-of- Work for the assessment district, along with Bond Counsel and the bond Underwriter. The Engineer-of- Work will prepare an estimate of all of the costs of the project. Those costs will include construction cost estimates (based on information from the utilities) and an allowance for the Town' s administra~ive costs calculated to reimburse the Town for the work of Town staff on the project and bond issuance costs and deduct any possible contributions. That net cost will be apportioned or "assessed" to each of the parcels in the district based on how each parcel is specially benefited from the undergrounding work. Under Proposition 218, the Engineer-of- W ork is responsible for defining the special benefit each parcel receives and may take into account a variety of factors in defining that benefit. The method of allocating special benefit may vary from district to district depending on the conditions of and the improvement for each such district. Under State law, the Town Council must hold a public hearing and conduct an assessment ballot to seek approval of the assessment part ofthe district. This approval requires an affirmative majority approval (based on dollars assessed) by property owners returning ballots. If approved, the Town may proceed with the assessment and the district. The assessment may then be paid in cash or allowed to "go to bond" or be financed at tax-exempt municipal bond rates for 20-25 years. Bonded assessments are collected on the County tax bill. The assessment is not a personal obligation ofthe ) property owner and it passes with the title to the property assessed, like regular taxes. The Bond Counsel and Underwriter prepare documents needed for the bonds. The costs of individual service connections to the underground facilities are borne by each property owner and are typically not included in the assessment. Ifpossible, a small amount of bond funds maybe available on a per-financing basis, at the request'ofproperty owners (first come-first served) to help finance connections. The entire process may take at least 12 to 24 months (assuming no legal actions/challenges). The duration of the process may also be affected by utility company financial conditions and staffing priorities. Procedural Events & Steps for District Formation This section outlines to the process of forming a special assessment district for utility undergrounding in Tiburon. 1. Preliminary Meetings Interested Property Owners meet with Town Staffto discuss the process and procedures, and to have questions answered and concerns addressed. This would typically include representatives ofthe Department of Public Works and the Town Manager. The project proponents would also be encouraged to hold a neighborhood meeting to discuss the proposed project, solicit input, answer questions, etc. and schedule an informal presentation before the Town Coundl to solicit informal support for the proposed project. A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts April 2, 2003- Page 2 of 7 2. Petition of Interest Proponents ofthe proposed district circulat~ Petitions of Interest (on forms available from the Town) among all Property Owners of the prospective district. 3. Informal Boundary Map As part of the Petition process, the Property Owner proponents prepare an informal boundary map .showing the area proposed to be the district based upon the results of the circulated petition. The Town will review this. map and may suggest changes, as required to satisfy utility companies' requirements and requests of other, adjacent Property Owners. 4. Subscription Deposits When obtaining Petitions, Property Owners raise funds for preliminary design engineering and construction cost estimates and legal advisory services. Funding must be sufficient to secure engineering cost estimates from electric, telephone, and the cable franchise provider and to pay the advance costs required to retain the Engineer-of- Work for the district. The Engineer-of- Work will prepare complete technical plans and drawings for review by the utilities, and establish final cost estimates for the construction bidding process. Plans must contain detailed information on trench size and location, and the location of equipment within the trenches. Such drawings are usually ordered and directed by the Engineer-of- Work. At this time such costs range from $1,500 to $1,800 per property owner. As further described in the following section, the Property Owners are also required to raise funds for Legal Advisory services. In accordance with a recently adopted Settlement Agreement, this amount is to be $100 per Property Owner, up to a maximum of$l 0,000 for the entire district. At this time, an estimated total of about $1,700 per Property Owner will probably be required to fund preliminary costs associated with the district. This is an estimate only and actual costs will depend on the size of the district, complexity of the project and the market costs for the preliminary services required to form the district. If the district is formed and issues bonds, it will refund or credit these funds to the Property Owners in proportion to their contributions. If for any reason, the district is not formed, and!or fails to issue the bonds, the Property Owners will receive only the amount of their contributions that have not been spent. 5. Filing the Petition ofInterest, Deposit and Boundarv Map The Petitions may be submitted to the Town when Property Owners representing at least 60% of the total number of parcels in the proposed district have signed and the Deposit (see above) and the informal boundary map are ready. Staff will check the Petition to be sure that there are A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts April 2, 2003- Page 3 of 7 valid signatures from the required percentage of properties and that the Deposit and map are in order. 6. Firsts Council Meeting-Resolution of Intention At the first Council meeting, the Council adopts the Resolution of Intention to Make Acquisitions and Improvements which formally begins the assessment process. 7. Consultants With the Resolution of Intention, the Town will appoint: Bond Counsel, the Engineer-of- Work, and the Underwriter. The Engineer-of-Work prepares the estimates of costs, the proposed assessment of the costs to each parcel in the district, the formal maps of the district and the plans and specifications for the construction work. This is all contained in the "Engineer's Report" for the district. The Underwriter is responsible for helping to estimate the costs of the bonds and in pricing, selling and delivering the bonds to the bond market The Underwriter is paid only from the bond issue and only ifbond are issued. Bond Counsel directs all legal proceedings to establish the district including Council resolutions, notices, forms of documents and instructions, including the levy ofthe assessments and issuance of bonds. Except for the Advisory Services to Property Owners below, Bond Counsel is paid only if the bonds are actually issued. . Bond Counsel also provides advice and information (the ":Advisory Services") to interested Property Owners bout the assessment process and their rights and responsibilities. · All Property Owners shall be provided with notice of their right to meet with Bond Counsel, and this notice shall include written materials that describe the assessment process and their rights and opportunities to be heard during the process. · Bond Counsel shall hold at least 2 meetings for the purpose of advising the Property Owners: The 15t meeting as soon as practicable following Town appointment of Bond Counsel and the 2nd second meeting shall be held before Town Council votes to preliminarily adopt the Engineer's Report for the district · To the extent that Advisory Funds are available, Bond Counsel shall be available to provide brief follow-up telephone consultation to affected Property Owners. .. In the event the Advisory Fund is insufficient to provide all of the Advisory Services described in this section, Bond Counsel shall provide Advisory A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts April 2, 2003- Page 4 of 7 Services in the following order of priority:. (1) written materials describing the process; (2) meeting with Property Owners prior to adoption of the draft Engineer's Report; (3) meeting following retention of Bond Counsel; and (4) telephone consultation. . The Town Attorney has sole discretion to supervise Bond Counsel's provision of Advisory Services to ensure, so far as practicable, that such services are fairly allocated between all affected Property Owners. 8. Second Council Meeting-Preliminary Approval After the Engineer-of-Work prepares and files the following items with the Town Clerk: · Engineer's Report · Map of Proposed Boundaries and Assessment Diagram for the district · Plans & Specifications for Project, Once done, the Council adopts: · Resolu!ion Preliminarily Approving District Formation/Boundary Map, Engineer's Report, and Directing Actions with Respect Thereto · Resolution Approving Plans and Specifications and Calling for Bids for Construction 9. After Second Council Meeting Immediately following the Second Council Meeting, the Town Clerk, in coordination with the Engineer-of-Work and Bond Counsel, takes the following actions: · Mails Notices of Proposed Assessments and Ballots to Property Owners at least 45 days prior to the Public Hearing · Records Map of Proposed Boundaries of the District .. Coordinates publication of call for bids for construction (if appropriate) 10. Informational Workshop In the 45-dayperiod after Item 9, Town Staff and the consultants hold a Workshop concerning the project and proposed financing. 11. Construction Bids. Town solicits construction bids. The Engineer-of-Work and Town Staff receive and analyze construction bids approximately two weeks prior to the date set for the public hearing in order that adjustments may be made to assessment amounts A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts April 2, 2003- Page 5 of 7 12. Third Council Meeting-Public Hearing and Ballot At a Council meeting held at least 45 days following mailing of the Notice of Proposed Assessments, the Town Council conducts the following proceedings: · Hold a public hearing · Hear any comments for or against the assessment · Open and count ballots The Town Clerk opens and counts ballots. Ballots are weighted on dollars assessed (for example, if all assessments are the same, each property owner has one vote). Only valid ballots actually received by the end of the hearing are counted. Unsigned, unreadable or unmarked ballots are not valid. If more than 50 percent ofthe ballots are against, the proceedings must be abandoned. If a majority approving vote is received, and the Council concurs, Council then adopts: Resolution Adopting Engineer's Report, Confirming Assessments and Directing Actions with Respect Thereto This resolution levies the assessment and directs recordings and filings for the assessment lien and directs the cash payment period. This resolution also has provisions establishing completion time requirements for individual service connections. 13. Immediately After 12 above: The Town Clerk, Engineer-of- Work and Bond Counsel, takes the following actions: · Files and Records Assessments, Notices of Assessment and Assessment Diagram · Publishes Notice to Pay Assessments · Mails Notices to Pay Assessment to each Property Owners (include the deadline date for completing individual service connections). 14. Cash Payment Period Property Owners have a minimum 30-day period to pay cash for their assessll!ents or any portion. At the end ofthe 30-day period, the exact amount of bonds to be issued is determined based on the remaining, unpaid assessments. . · The Administrative Services Director completes the List of Unpaid Assessments · The Bond Purchase Agreement and Official Statement are filed with the Town Clerk. A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts April 2, 2003- Page 6 of 7 15. Fourth Council Meeting-Bonds At a Town Council Meeting after Item No. 14 above; Town Council adopts: · Resolution Authorizing Issuance of Bonds · Resolution Authorizing Execution of the Construction Contract. 16. After Item 15. The Administrative Services Director and Underwriter price the bond issue, and the Town executes the following: / · Bond Purchase Agreement (sells bonds) · Preliminary Official Statement (describes bonds for market) 17. Bond Closing Approximately 2 weeks after Item 16, the bonds are delivered to Underwriter in exchange for the purchase price under the Bond Purchase Agreement. This provides the funds for to pay for the underground project and its related costs. 18. Execution of Construction Contract I The Town executes the Construction Contract and work commences. Town staff makes progress payments to the Contractor as with any public works contract. 19. Utility Coordination Upon completion of construction, the Town coordinates with the utilities to connect all property owners to the new underground system. - 20. Work Completed After all connections are completed, the utilities will remove the overhead system. Town pays final bills and costs, including any remaining legal and administrative costs incurred by the Town for the project. Ifthere is any surplus remaining, the Council may take action to provide any further improvements needed to complete the project and!or distribute any surplus as provided by law. A Draft Policy & Procedure for the Formation of Utility Undergrounding Districts April 2, 2003- Page 7 of 7 ~,' "" ". . . . . Town of Tiburon STAFF REPORT AGENDA ITEM ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR & MEMBERS OF THE TOWN COUNCIL SCOTT ANDERSON, DIRECTOR OF COMMUNITY~ DEVELOPMENT FROM: SUBJECT: REPEAL OF APPROVALS FOR THE MERA WIRELESS COMMUNICATIONS FACILITY AT 145 SUGARLOAF DRIVE MEETING DATE: APRIL 2, 2003 REPORT DATE: MARCH 28, 2003 REVIEWED BY: ADM BACKGROUND On March 19,2003, the Town Council held first reading of an ordinance repealing Ordinance No. 469 N. S., which had approved on an urgency basis the streamlined processing of a wireless communications facility at 145 Sugarloaf Drive on behalf of the Southern Marin Emergency Radio Authority (MERA). The second reading and adoption of the repeal ordinance now comes before the Town Council for action. RECOMMENDATION 1. Conduct a public hearing and take testimony from all interested persons. 2. Move, second and pass a motion to read the ordinance by title only. 3. Read the ordinance by title only. 4. Hold a roll Gall vote on second reading and adoption of the ordinance. EXHIBITS 1. Draft Ordinance repealing Ordinance No. 469 N. S. \scott\mera repeal report2.doc Town Council Staff Report 4/2/2003 1 " "'-- f . ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING ORDINANCE NO. 469 N.S. THAT ESTABLISHED STREAMLINED PERMIT REVIEW PROCEDURES FOR A WIRELESS COMMUNICATION FACILITY LOCATED AT 145 SUGARLOAF DRIVE (ASSESSOR PARCEL NO. 058-351-31) BE IT ORDAINED by the Town Council of the Town of Tiburon as follows: Section 1. FindinQs. A. On June 19, 2002, the Town of Tiburon adopted Ordinance No. 469 N.S. establishing streamlined permit review procedures for an emergency wireless communications facility to be located at 145 Sugarloaf Drive. B. Adoption of Ordinance No. 469 N. S. was subsequently ruled unlawful by a Marin Superior Court judge and the Town was ordered to repeal the ordinance. The Town Council finds that repeal of the previous approvals is therefore appropriate and necessary. C. On March _,2003, the Town Council introduced and passed first reading of this Ordinance at a duly-noticed public hearing on March _' 2003. On March _, 2003, the Council held a second duly-noticed public hearing and after considering all testimony received, adopted this Ordinance to repeal Ordinance No. 469 N. S. . Section 2. Repeal. NOW, THEREFORE BE IT ORDAINED that the Town Council of the Town of Tiburon does hereby repeal Ordinance No. 469 N. S. establishing streamlined permit review procedures for an emergency wireless communication facility at 145 Sugarloaf Drive. Section 3. Severabilitv. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, senterice, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. . FYl-!IPIT ~ro,-L ~/ Section 4. Effective Date. , . This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. . This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on , 2003, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on ,2003, which was noticed pursuant to Government Code Section 50022.3, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOWN OF TIBURON Town of Tiburon Ordinance No. JEFF SLA VITZ, MAYOR TOWN OF TIBURON . Sugarloaf ord repeal.doc N.S. Effective--/--/2003 . 2