HomeMy WebLinkAboutTC Agd Pkt 2002-06-05
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TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
Wednesday, June 5, 2002
6:45 PM - Closed Session
7:15 PM - Interviews
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 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.
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
W/lile 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
CLOSED SESSION
,CONFERENCE WITH lEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956,9(c)
Initiation of Litigation (1 case)
CONFERENCE WITH lABOR NEGOTIATOR
(Section 54957,6)
Bargaining Units - MAPE, Mid-ManagementlNon-represented, Management
Negotiators - Town Manager and Director of Administrative Services
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Agenda - Town Council Meeting
June 5, 2002
Page 2 of 4
INTERVIEWS - (Vacancy on Parks & Open Space Commission)
. Michael McMullen, 13 Mercury Avenue
CALL TO ORDER AND ROLL CALL
Council member Berger, Councilmember Fredericks, Councilmember Thompson, Vice Mayor Slavitz, Mayor Gram
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,
INTRODUCTION OF NEW TOWN EMPLOYEE
Wendy Wilson, Police Officer
Brian Stott, Administrative & Financial Analyst
APPOINTMENTS
Parks & Open Space Commission - (One Vacancy)
Design Review Board - (One Vacancy)
PRESENTATION BY LAFCO
Report by LAFCO Executive Director Peter Banning
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 - May 15, 2002
2, Recommendation by Director of Administrative Services - Acceptance of Town Monthly
Investment for the Month Ending April 30, 2002
3, Recommendation by Bicycle/Pedestrian Advisory Committee - Support Safe Routes to
Schools Program
(a) A Resolution of the Town Council of the Town of Tiburon
In Support of the Safe Routes to Schools Program
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Agenda - Town Council Meeting
June 5, 2002
Page 3 of 4
4. Recommendation by Town Manager - Amend Town Signature Authority
(a) A Resolution of the Town Council of the Town of Tiburon
Amending Resolution No, 03-2002 Authorizing the Signing and
Endorsing of Checks and Other Instruments of Payment & Access
to Documents Retained in Safekeeping
5. Request by Town Manager - Commendation for Outgoing Tiburon Fire District Fire Chief
Rosemary Bliss
(a) A Resolution of the Town Council of the Town of Tiburon
Commending Chief Rosemary Bliss for over 20 years of
Service to the Tiburon Community and to the Tiburon
Fire Protection District
6, Recommendation by Director of Public WorkslTown Engineer - Accept 2001 Street
Rehabilitation Project
(a) A Resolution of the Town Council of the Town of Tiburon
Accepting the 2001 Street Rehabilitation Program
Project No, 6940-E-0101
7, Recommendation by Planning Director - Partial Granting of Appeal of Design Review Board
Approval of Site Plan and Architectural Review of a Pool, Cabana, and Various Landscaping
Improvements Requiring a Variance for Excess Lot Coverage on the Property Located at 8 Tara
View Road - Assessor's Parcel # - 058-201-24; Applicants - David & Cathy Hallam;
Appellants - Bob & Nasea/ia Cornman, 150 Round Hill Road
(a) A Resolution of the Town Council of the Town of Tiburon
Partially granting an Appeal of a Design Review Board Decision to
Approve the Site Plan and Architectural Review of a Pool, Spa and
Cabana which Requires a Variance for Excess Lot Coverage on a Property
Located at 8 Tara View Road - Assessor Parcel No, 58-201-14
8, Recommendation by Planning Director - Denial of Appeal of Design Review Board Decision of
Application to Legalize As-built Storage Shed and Spa, with Variances for Reduced Font and Side
Yard Setbacks - Assessor's Parcel # - 59-071-07; Applicant/Appellant - Tamara Blogg
(a) A Resolution of the Town Council of the Town of Tiburon
Denying an Appeal by Tamara Blogg of the Denial of Site Plan
and Architectural Review and Variances for Property located at
1870 Vistazo East Street
PUBLIC HEARING
9, Recommendation by Town Manager - Mill Valley Refuse Rate Increase Application
10, Recommendation by Town Attorney - Amend Contract Authority and Claims Settlement for
Town Manager
Introduction and 1" Reading of Ordinance
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Agenda - Town Council Meeting
June 5, 2002
Page 4 of 4
(a)
An Ordinance of the Town Council of the Town of Tiburon
Amending Chapter 3A of th'e Tiburon Municipal Code Regarding
Town Manager's Contract Authority
REGULAR AGENDA
11, Report by Town Manager -Introduction of FY 2002-03 Municipal Budget Plan
12. Recommendation by Director of Public WorksfTown Engineer - Formation of Task Force to
Study Feasibility of Skateboard Park '
13. Report by Planning Director - Sphere of Influence and Annexation Issues
(a) Sphere of Influence Update by Marin Local Agency Formation Commission (LAFCO)
(b) Paradise Drive Annexation: Referrals from Local Agency Formation Commission'
14, Recommendation by Town Attorney and Town Clerk - Report on Proposed Open Space Ballot
Initiative
COUNCIL. COMMISSION AND COMMITTEE REPORTS
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - May 17, 2002
Town Council Weekly Digest - May 24,2002
Town Council Weekly Digest - May 31,2002
ADJOURNMENT
UPCOMING MEETINGS
. Farewell Party for Chief Rosemary Bliss - Zelinksy Park - (June 8)
. MCCMC - Novato - (June 26)
. General Plan Workshops - Town Hall - (Saturday, June 22, 2002; Tuesday, July 30, 2002; Thursday,
August 8, 2002) ,
. Joint Meeting of the Town Council and Reed Union School Board - (Summer 2002)
FUTURE AGENDA ITEMS
. Adoption of Town Operating'Budget and Appropriations Limit for FY 2002-03 - (June 19)
. Public Hearing regarding possible ban of Gas-powered Leaf Blowers - (June 19)
. Downtown Plaza Art Selection and Execution of Contract - (June 19)
. Update Town Signature Authority Resolution - (June 19)
. Special Event Permit Application for RCP Tiburon Mile on October 27,2002 - (June 19)
. Renewal of 3-year Cooperation Agreement with County of Marin for Community Development Block
Grant ("CDGB") - (June 19)
. Jt. Recreation Committee Annual Report - (July 17)
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TOWN OF TIBURON
STAFF REPORT
To:
From:
Subject:
MA YOR AND MEMBERS OF THE TOWN COUNCIL
DIANE CRANE IACOPI, TOWN CLERK
APPOINTMENTS TO FILL CURRENT VACANCIES ON TOWN BOARDS,
COMMISSIONS & COMMITTEES
June 5. 2002 till\\
. ALEX McINTYRE. TOWN MANAGER ~/
Date:
Rev. by:
BACKGROUND
A. Current Vacancy on Parks & Open Space Commission
A vacancy was created on this Commission due to the resignation of Commissioner Judy
Burgin. Two residents, Meghan Makay and Michael McMullen, have applied. The Council
previously interviewed Ms. Mackay for an opening on the Jt. Recreation Committee, and Mr.
McMullen will be interviewed prior to tonight's meeting. No other applications were received.
B. Current Vacancy on Design Review Board
A vacancy was created as a result of Boardmember Richard Collins' recent appointment
to the Planning Commission. The Town Council interviewed four (4) applicants for a previous
opening on the Board and one of these applicants, Bill Comstock, has expressed a continuing
interest in serving on the Board.
The Council also interviewed four (4) applicants tor the recent Planning Commission
vacancy created by Miles Berger's appointment to the Town Council. One of these applicants,
Ralph Hayward. has expressed an interest in serving on the Design Review Board, as well.
The applications and letters of interest of the above candidates are attached.
No other applications were received for this opening, or for the Parks & Open Space
Commission vacancy. by the May 30, 2002 deadline. This fact does not preclude the Council
from appointing any candidate it previously interviewed for a vacancy on either Board or
Commission within the last year.
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RECOMMENDA TION
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That the Council make appointments to the Parks & Open Space Commissionand Design
Review Board at its June 5, 2002 meeting based on the existing pool of candidates, or direct the
Town Clerk to agendize additional interviews with candidates that have previously applied for
these vacancies during the last year. .
EXHIBITS
. Applications & Resumes of Applicants listed above
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Diane Crane
aFrom:
., Sent:
To:
Subject:
Meghan Mackay [meghan@madplattercreationscom]
Friday, May 17, 2002 2:32 PM
Diane Crane
parks and open spaces committee
Hello Diane
I am writing to say that I would like to be considered for the position that will be
available on the Parks & Open Spac(~s Commission. I have submitted an application
previously, and hav€': also met with the council members about a diffeL'ent appointment. I
am eagec to se~ve our commurlity, and would be honored to be considered.
If you have fucther questions, please give me a call: 435-6610.
Thank You,
Meghan Mackay
DOT E A S Y - "Join the web hosting revolution!"
http://www.doteasy.com
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MEGHANE,MACKAY
1919 Mar West, Tiburon, California 94920 (415) 435-6610 meghan@madplattercreations.com
EDUCATION
University of San Francisco, San Francisco, CA.
M.A., Education, 1994. GPA: 4.0.
Oriccllo Academic Scholarship recipient; Graduatc School Counsel Representative; Student Teacher at Archbishop
Riordan High School and Lowell High School while pursuing a credential in English.
Stanford University, Stanford, CA.
B.A.. Art History, \992. GPA: 3.6.
Studied at Stanford's center in Florence, ttaly; Resident Assistant; Special Projects Coordinator, Children Now at
Stanford; Big Sister, Big Brothers/Big Sisters; Dollie; member of the Ski Team; peer counselor at The Bridge Counseling
Center; Project TEAM physical education instructor in East Palo Alto.
EXPERIENCE
Mad Platter Creations, Owner and Artist, Tiburon, CA. (12/0 I-present)
Currently, I'm painting mostly oils and 31.'T)'IiCS on canvas, collages of mixed media and ceramics. The view from our
deck in Tiburon changes from hour to hour; except when it rains. that's where you'll find me: capturing color and light
on the deck.
Project Acbieve, Director of Product .I,lanagemcnt, San Francisco, CA. (8/99-2/01)
Designed and championed a subscription-based service delivered over the Internet that integrated curriculum and
instructional management with standards alib1l1ment and performance assessments until a giant sucking sound caused a
turn for the worse.
The Mad Platter, Foundcr and Owner, Sydney, AUS. (3/98-1/99)
Acted as a one-woman retail studio wonder Down Under. Ran numbers, haggled with suppliers. churned out
commissioned art. c1eant.,-d toilets, had a knack tor saying, "YES!" to customers, and earned significant PR coups via
print and television.
Lucas Learning, Content Speciali,t, San RalilCl, CA. (8/97-12/97)
Designed and wrote content for Droidworks, an educational computer game based on physics concepts.
Mount AIvernia Higb Scbool, Teacher, Newton, MA. (6/95-8/97)
Taught writing-intensive American Literature and World Literature classes to angst-filled students in grades 8, 9. and
10. Academic Curriculum Committee member. Started the school's first literary magazine. Moderated the Oratory Club.
Pacific Rim Academy, Standard, Seller, Boston, MA. (9/96-5/97)
Coordinated the standards-setting process and wrote curriculum standards for a new charter school that combines
elements of both Eastern and Western educational philosophies.
Fondacion para Calidad y Participacion en Educacion, Researcher, Buenos Aires, Argentina. (6/96-8/96)
Evaluated a program that utilized total quality management principles within a school district. Created and analyzed
surveys, interviewed participants. and wrote a report that measured the value of the project. Code Name: Boondoggle in
Buenos A ires.
Saint Hilary Scbool, Teacher, Tiburon, CA. (6/94-8/95)
Taught 8" grade literature, wriring, religion, and art; also taught 7"' grade writing. Adapted and directed As You Like It;
the class had a boy band. so it became a musical. Started gender-based esteem-building groups. Advised students on high
school admissions. moderated the school newspaper, and prepared candidates for Confirmation.
University of San Francisco, Assistant Lecturer, San Francisco, CA. (6/94-1/95)
Developed curriculum and co-taught technology workshops for graduate students in teacher education. Course enabled
teachers to utilize computers and online communications in the classroom.
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Far West Laboratories, Field Researcher, San Francisco, CA. (10/93-l/94)
Administered assessments to 8'" grade students and interpreted results as part of a research project for Kentucky's
educational refonn movement through the Kentucky Board of Education.
Fellowship Academy, Paraprofessional and Teacher, San Francisco, CA. (8/92-6/93)
Assisted and taught 4" grade at a tough school (A.K.A. Fishy Out of Water). Started an art omnchment class for grades
6-8.
Palo Alto Coltural Center, Project LOOK! Docent, Palo Alto, CA. (10/91-6/92)
Planned and guided tours of the gallery. developed hands-on projects for grade school students. and wrote a research
project: Through the Frame: the Influence of Information and Directions on Children's Discussion and Creation of Art.
Stanford Sierra Camp, Children's Group Director, Interviewing Committee Member, Fallen Leaf Lake, CA. (6/90-8/92)
Cootdinated training, created work schedules, and oversaw 30 counselors plan and implement programs for a fumily
summer camp. Acted as a liaison between staff; guests, and administration. Part of a six-member team responsible for
recruiting and selecting 60 student staff members from over 200 applicants. Organized publicity, developed application
materials, and conducted interviews during two hiring cycles. Had a TON of fun.
OTHER
. Skilled in making up words to songs for my 18 month-old twin boys, getting by in Spanish, Italian, and Gennan, and
traveling on a shoestring
. Struck by lightning at age sixteen
. Summitted Kilimanjaro July 1997
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Diane Crane [acopi
Town Clerk
Town ofTiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
RECEIVED
MAY 2 4 2002
PLANNING OEP"RTMENT
TOWN OF TIBURON
Dcar Diane
,
Attached is a completed copy of my application for the Parks and Open Space
Commission. [have also included a current resume. Please call if you have
any questions.
Regards, ._._
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Michael McMullen
13 Mercury Ave.
Tiburon, CA 94920
Home: (415) 435-6068
Officc: (415) 652-8061
Email: mmcmullen@earthlink.net
TOWN OF TIBURON
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COMMISSION, BOARD & COMMITTEE APPLICATION
The Town Council considers appointments to various Town commissions,
boards and committees throughout the year due to term expirations and
unforeseen vacancies. In an effort to broaden participation by local
residents in Tiburon's governmental process and activities, the Council
needs to know your interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or
experience which would be beneficial to the Town, by answering the
questions listed below. You can mail, fax or e-mail a copy to the Town
Clerk at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon CA 94920.
FAX = (415) 435-2438; e-mail = dcrane@cLtiburon.ca.us.
Copies of your application will be forwarded to the Town Council and an
informal interview will be scheduled when a vacancy occurs. Your
application will remain on file at Town Hall for a period of one (1) year.
. Thank you for your willingness to serve the Tiburon community.
sl I Diane Crane lacopi, Town Clerk
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
AREAS OF INTEREST
Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest)
_PLANNING
_DESIGN REVIEW
_HERITAGE & ARTS
BUDGET & FINANCE
--1-PARKS & OPEN SPACE
_RECREATION
DISASTER PREPAREDNESS
_LIBRARY
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PERSONAL DATA
Only computer-generated or typewritten copy will be accepted; Attach
separate pages, including resumes and cover letters, if necessary.
NAME: lVIichaellVlclVlullen
MAILING ADDRESS: 13 lVIercurv Avenue
TELEPHONE: Home: (415) 435-6068
Work: (415) 652-8061
Fax No. (415) 435-6568
e-mail address:lIllllcmullen(U)earthlink.net
PROPERTY OWNERS' ASSOCIATION (If applicable) Belveron (President)
TlBURON RESIDENT: (Years) 16
DATE SUBMITTED: lVIav 24, 21102
REASONS FOR SELECTING YOUR AREAS OF INTEREST
As a lifetime Marin resident, and a long-time Tiburon resident, [ am passionate about our parks and
open space, and truly believe these arc among the most vital yet fragile assets of our town. I grew
up in the hills and parks of south em Marin, and today take great joy in sharing a piece of my youth
with my two childrcn. Properly managed, our parks and open space will be enjoyed tor many
generations to come.
APPLICABLE QUALIFICATIONS AND EXPERIENCE
As a business executive with morc than 20 years expericnce, I am quitc f~lmiliar with the issues and
challenges rclated land management acquisition, maintenance, improvements and operations. From
1990 through 1998, [was Vice President of a company that developcd and operated large-scale
renewable energy (wind and solar) power plants in Cali fornia, China and India. This experience
taught me a great deal about the many fiscal, legal, environmental, political and personal issues that
arise and often contlict in long-tenn land managcment and development. I also have strong
management, communications and interpersonal skills. From time-to-time, the Parks and Open
Space Commission gets involved in emotionally and/or politically chargcd issues. I work well in
this environment, and have often been successful in building a consensus among disparate parties.
In addition, as President of the Belveron Homeowers' Association I have expericncc working with
neighborhood rcsidents regarding localized issues concerning Belveron Park, Tiburon Ridge Trail
and other open space issues.
Please see the attached resume for more dctailed information.
----------------------------------------------- T ow n H a II Us e---------------------------------------------------
& - :;:-()2
_ Date Application Received:
Intcrvicw Datc:
_ Appointed to:
_ Date Term Expircs:
Length of Term:
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Michael McMullen
13 Mercury Avenue
Tiburon, CA 94920
Home: (415) 435-6068
Cell: (415) 652-8061
mmc mulle n@earthlink.net
PROFESSIONAL SUMMARY
Two decades of business experience, with primary focus on business development and finance.
Aggregate value of financial transactions has exceeded $500 million and includes private equity
and debt placements, working capital debt facilities, corporate reorganizations, and large-scale
project financing. Experience also includes corpor,ne financial and operations management as
well as assessment, commercialization and operation of various technologics. Extremely strong
leadership, negotiation and analytical skills.
EXPERIENCE
Managing Director 2001- Present
Target Velocity, LLC San Francisco, CA
en-founded Target Velocity in mid-200l. Provide M&A, private placement, financial advisory
and business development services to a number of high-tech and medical companies. Currently
perfoffiling practice valuation, finance/lease analysis and M&A services in the radiation oncology
medical sector. Also assisting in stntcturing and funding a $160M leveraged buyout of a public
(NASDAQ) medical equipment company. .
CFO/SVP, Corporate Development 1999 - 2001
SomethingNow, Inc. (d.b.a. WarrantyNow) San Francisco, CA
Responsible for all finance issues related to growing this B2B comp,my from start-up mode to
full-scale commercial operations, including management of accounting and operations staff,
employee compensation and stock options plans, design and implementation of accounting
systems and procedurcs; and product fulfillment cycles. Key accomplishments include raising
more than $20M in equity and convertible debt, as well as negotiating and closing key strategic
relationships. Stnlctured and closed the ,lcquisition of the key intellectual properties by a
NASDAQ 100 company and wound the company down in mid-200l.
Principal 1998 - 1999
Morrison & Kibbey, Ltd. Berkeley, CA
Responsible for expanding the investment banking firm's focus to include hi-tech sector debt and
equity placements. Other financing activities included domestic and cross-border leasing, asset-
based finance, subordinated debt and institutional equity placements. Provided financi'll advisory
and private placement services including assistance in raising development capital, constnlction
and project debt, sale of equity, refinancing corporate credit facilities and advice on mergers and
IlcqulSl110ns.
Vice President, Executive Committee 1990 - 1998
FloWind Corporation San Rafael, CA
Member of the management team that acquired and restnlctured FloWmd enrporation, a fully
integrated renewable energy company. Successfully negotiated domestic power plant
development contr,lcts, international joint venmre agreements and equipment sales contracts in
GJntinucJ
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excess of $200 million. Also responsible for management of Flo Wmd's $7 million research
program, resulting in the development of the company's next generation wind turbine
technology.
Director, Str.ltegic Developmcnt 1985 - 1990
Leema Energy Rcsources, Inc. Tiburon, CA
Responsible for developing products and services for this investment company focused on the
purchase and resale of distressed energy-related assets. Successfully structured sale-leaseback,
leveraged buyout and resale transactions totaling $150 million.
Director, Management Infonnation Systems 1983 - 1985
Futures Trading, Inc. Tiburon, CA
Futures Trading, Inc. and its affiliated companies traded highly leveraged managed accounts and
operated as a broker-dealer, providing an electronic marketplace for specialized financial
instruments. Responsible for software development, maintenance and operations suppon of
computer systems that perfoffi1ed risk management and control, portfolio valuation, back-office
accounting and regulatory functions.
Senior Systems Analyst/Financial Analyst 1981- 1983
Bank of America San Francisco, CA
Began career as a financial analyst, preparing periodic reports and developing computer systems
to streamline monthly reponing process. Promoted to senior sy,tems analyst in the cashiers'
division, where responsibilities included dcsign, development and maintenance of financial
reponing and allocation sy,tems.
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CURRENT ADVISORY POSITIONS
Strategic Advisor, Morrison & Kibbey, Ltd.
Board of Advisors, Ventura County Radiation Oncology Medical Group
PATENTS
Venical Axis Wind Turbine with Pultruded Blades
U.S. patent - 5,499,904
European (EPq patent - 94923300.1-23l5
EDUCATION
Emory University, Atlanta, GA - Bachelor of Science, Mathematics, 1981
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~ MAY 2 9 2002
May 23. 2002
TOWN CLERK
TOWN OF TIBURON
Ms. Diane Crane Iacopi
Town Clerk
Tiburon Town Hall
1505 Tiburon Blvd.
Tiburon. CA 94920
Dear Ms. lacopi.
I wish to submit my nCUllC for consideration for the vacancy on the Tiburon Design Review Board.
I have lived in Tiburon with my wife ,Uld our daughter since 1995 and I would welcome the
opportunity to serve the community in this position. I mn a licensed architect in California and I
have practiced in a range of disciplines for the last 23 years, including residential ,U\d cOlllmercial
architecture. gcncml contracting and graphic design.
Please use my application on liIe and and forward to the Town ConnciL
Sincerely,
kJit- S ~
William Comstock
II East T crracc
Tiburon. CA 94920
3RI-371R
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TOWN COUNCIL
MINUTES
Di!~ .1:._. r...
fI\i>irT
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956.9(b)(3)(B))
Claimant: MERA demand for antenna site approval from the Town of Tiburon
Claimant: UDI-Tetrad.
CONFERENCE WITH LABOR NEGOTIATOR
(Section 54957.6)
Bargaining Unit ~ MAPE
Negotiators - Town Manager and Director of Administrative Services
CALL TO ORDER_
Mayor Gram call&1 thc rcgular meeting of the Tiburon Town Council to order at 8:00 p.m.
...
on Wednes.day, May 15,2002, in 'TIown Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California. /.
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ROLL CALL
PRESENT: COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz, Thompson
PRESENT: EX OFFICIO:
Town Manager McIntyre, Town Attorney Danforth,
Planning Director Anderson, Senior Planner
Watrous, Associate Planner Lynch, Director of
Administrative Services McVcigh, Town Clerk
Crane lacopi
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Gram said that no action was taken on the matters discussed in closed session.
ORAL COMMUNICATIONS
None.
INTRODUCTION OF NEW TOWN EMPLOYEE
. Chad Monterichard, Information Technology Coordinator
Town Council,Hinufes # /2-]()(}]
Mav /5, ]00]
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Director of Administrative Services McVeigh introduced Mr. Monterichard, who she said was
selected from a pool of over 400 applicants for thc position of Information Technology
Coordinator.
Ms. McVeigh said that Mr. Monterichard would be the Town's tirst IT Coordinator. She said he
held a BA in Political Science and Computer Science from Chico State University.
INTERVIEWS - (Vacancy on Planning Commission)
. Ralph Hayward. 171 A venida Miratlores
Mayor Gram said that Council would conduct the interview later in the meeting.
CONSENT CALENDAR
I. Approval of Town Council Minutcs - May 1,2002
2. Rccommcndation by Planning Director - Adoption of Policy Rcgarding Placement of
Story Poles [()r Appeals Be/ore the Town Council
3. Recommendation by Planning Dircctor - Approval of Parcel Map and Subdivision
Improvement Agreement [or 200 and 210 Gilmartin Drive
Assessor's Parcel # - 39-171-05 (Portion)
Owners/Applicants - Alexander & Binyamina Anolik
4. Rceommcndation by Director of Administrative Services - Approval of FY 2001-02
Third Quarter Report
5. Recommcndation by Town Manager - Contract Extension for Green Drakc
Enginccring and Budget Amendment 01'$5,000 from Gcncral Fund Unallocatcd
Reserves
6. Recommendation by Town Attorncy - Resolution establishing Wedncsday
Exemption to Town Code f()r Open House Signs
(a) A Resolution oI'the Town Council of the Town of Tiburon
Establishing a Limited Exemption lrom the Town's Sign
Ordinance t(Jr Open House-type Signs
MOTION:
Moved:
Vote:
To adopt Consent Calendar Items I through 6. above.
S lavitz. seconded hy Fredericks
AYES: Unanimous
Town Council ,Hinllles If 12-]O()]
May /5. 2002
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PUBLIC HEARING
7. Appeal of Design Review Board Decision - Approval of Site Plan and Architectural
Review of a Pool. Cabana, and Various Landscaping Improvements Requiring a
Variance f()r Excess Lot Covcragc on thc Propcrty Locatcd at 8 Tara View Road
Assessor's Parccl # - 058-201-24
Applicants - David & Cathy Hallam
Appellants - Bob & Nasealia Cornman. 150 Round Hill Road
Associate Planner Lynch gave the report. Hc said the Design Review Board had rcvicwed the
application for a ncw pool, cabana and spa at 8 Tara View Road on February 21, 2002. At that
meeting, the Board could not make all the tindings f()r the requested lot coverage variance (from
the 15% maximum allowed in the RO-2 zone to 18%) and continued the item to March 21.
Lynch said the Board granted the applicants thc continuance so that an alternativc design for the
cabana and pool could bc dcvcloped. In granting this continuance, the Board took into account
its own findings, thc testimony of the public. as well as Staffs concerns regarding compliance
with the Hillside Design Guidelines' concepts of "acoustic privacy" and discouraging "remotely
located outbuildings,"
According to Lynch's report. the key changes presented to the Board on March 21, in an attempt
to lessen the impact of the project on adjacent ncighbors, wcre moving the cabana away from the
south propcrty line and the addition of a sound-isolating fence and shrubs at the south and west
property lines. Thc projcct was then approved by the Board and a variance was granted on the
basis that the sound fence would be a proper mitigation plan f()r thc potential noise/privacy
impacts on the neighboring properties. .
An appcal was subsequently filed by thc Mr. and Mrs. Cornman who live at 150 Round Hill
Road. However, Associate Planner Lynch said that he had bccn contacted by the applicants and
appellants prior to the meeting to indicate that some sort of compromise had been reached. He
said that a new plan would be presented to Council tor its approval.
Council asked Staff f()r clarification of its role in cithcr hearing the appeal or rcvicwing a new
plan. Planner Lynch said that if Council approved the proposed plan, it would in essenec bc
partially granting the appcaL
Mayor Gram opcned the public hearing.
Mr. David l'lallam, 8 Tara View Road. said the new plan would reduce the length of the cabana
from 29 to 25 fcct. I-Ie said the plan also included a new layout ofthc intcrior ofthc cabana. Mr.
Hallam said that atlcr three days of negotiations with his neighbors, he had agreed to this plan.
Town Council /vlinutes II 12-20()]
May /5. ]IJIJ]
Pug!! 3
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Vicc Mayor Slavitz asked whether the location of the pool was changcd. Mr. Hallam replied that
"nothing else had changcd" in thc plans.
Mayor Gram asked Staff whether the revised plan affected the amount of the variance. Planner
Lynch said the lot coveragc would he "a fraction less."
Bob Cornman, 150 Round !-lill Road, thanked Council for visiting his homc. He said that the
privacy element was foremost in his mind when hc and his wile had sought to invokc the law by
tiling their appcal. However, he said that the applicants had listencd to their concerns and that by
accepting this compromise. it was the "right thing to do."
Mr. Cornman said thc rcviscd plans would rcducc thc largc open arca wherc pcople would
congrcgate and make noise. However. he said he was not sure irthey would accept an oiler to
move the pool back to its original location. Aticr consulting with his wife who was in the
audience, Mr. Conrnlan thcn indicated that "thc pool is okay whcre it is"
Mr. Cornman said he had prepared a Memorandum of Understanding hctween he and the
I-Iallams. He askcd the Council to continuc to "maintain jurisdiction" over the proccss to cnsurc
that the agreements made between the parties were adhered to.
Town Attorney Danforth pointed out to Council and Mr. Cornman that the Town was not a party
to their agreement. nor would it he enlorced by the Town.
Mr. Cornman than asked lor a "continuancc" of the appeal process until the project was
complete.
Town Attorncy Danl'Jrth said an approval by Council could bc structured so that any ehangcs to
the plans would have to be rcviewcd hy Council; however, shc said that normally any changes to
the approved plans would rcquirc a ncw application.
Councilmember Berger agreed. He said that by Town policy plans arc subjcct to revicw by Staff
and a formal "plan check" in order to cnsure eonfornlanee with Design Review Board [or
Council] approval.
Mayor Gram said that thc appropriatc vcnuc to rcview changes would be the Design Review
Board. Councilmember Thompson concurred.
Vice Mayor Slavtiz thanked the parties lor working togcthcr to reach a compromisc.
Councilmember Bergcr said thc ncw plans showed the efforts of the applicants to mitigatc thc
issues and that it was now clcar that the appropriate lindings had bccn madc.
MOTION:
To partially grant the appeal by acccpting the suhmitted changes to the plans; Staff
to return with a resolution of lindings.
Town Council .HiulIfes II /2-2{){)]
Mm. /5. ]I!I!]
Page ..J.
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Moved:
Vote:
Thompson, sccondcd by Slavitz
A YES: Unanimous
8. Appeal of Design Review BOllrd Decision - Dcnial of Application to Legalizc As- .
built Storagc Shcd and Spa, with Varianecs t()r Reduced Font and Sidc Yard Setbacks
Asscssor's Parcel # - 59-071-07
Applicant! Appellant - Tamara Blogg
Council member Berger rceused himselt~ stating that hc livcd within 300 fcet of thc projcct.
Senior Planner Watrous gave the report. He said that on January 3, 2002. thc Design Review
Board adopted a resolution dcnying thc application tor approval ofthc as-built construction ofa
storage shed and spa, with variances for reduccd front and side yard sctbacks. on property located
at 1870 Vistazo West Street.
Ms. Tamara Blogg, owner of the property. subsequently appealed thc dccision to the Council on
the grounds that I) thc topography of the propcrty presented unique circumstances that made it
impossible to relocate thc spa and shed anywhere e1sc on thc sitc: and 2) that alternate locations
f()r thc shed and spa would rcsult in privacy and noise impacts on neighboring rcsidents.
In response to a question from Council, Mr. Watrous said under the Town's zoning ordinance,
the wet bar in the shcd was defined as a kitchen. Hc noted that thc Town's Building Ofticial had
said that "signiticant changes" would be nceded to bring the shcd and spa into compliance with
thc Town Code.
Councilmcmbcr Frcdcricks pointed out that even if the appeal was granted, the shed would still
need to bc upgraded and that it was, in fact, an illegal third dwclling on thc propcrty.
Couneilmember Thompson asked whether the illcgal structures presentcd a "dangerous
condition" in thc opinion ofStatT. Mr. Watrous replied that the Building Officials had said thcy
did not.
Vicc Mayor Slavitz askcd if the Dcsign Revicw Board had cxprcssed concerns about the shcd.
Senior Planncr Watrous said that varianccs would be needed even t()r a storagc shed.
Councilmember foredericks added that the findings would have to be madc in ordcr to grant a
sctback variancc to kecp the shed.
Fredericks thcn asked ifthc spa and shed could be rcvicwed separately. Mr. Watrous replied that
the Zoning Ordinance allowcd them in thc rear yard set back only. Mrs. Fredericks askcd if they
could be relocated somewhere on the deck. Mr. Watrous said that thc front dcek was not big
cnough to accommodatc thcm, without encroaching into the required setbacks.
Town ('oun<.:i1,Hin1/les II /2-]{)()]
,\fav Ij. ]()()]
Page 5
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Vice Mayor Slavitz asked how long the structures had been there and whether they would have to
be removed if the appeal was denied.
Mr. Watrous said the length of time was unknown to Staff but that if the appeal was denied. they
would have to be removed.
Mayor Gram opcncd thc public hearing.
Ms. Tamara Blogg said she regretted her mistake but disagrced with the tindings of the Board.
She said that her appeal was based on the fact that other homcs in Tiburon enjoyed the same
privileges of a spa within the front yard portion of their property, and that asking her to rcmovc
these structures would create a hardship for her.
Ms. Blogg said spas wcre in the front yards of250 Diviso Street, 166 St. Thomas Street. and 105
Roek Hill Drive.
Ms. Blogg said that she had letters of support from neighbors lor keeping the structures in the
current location. She also said she had letters from the manufaeturer of thc gazebo and a crane
opcrator indicating that thc structures could not bc moved.
Vice Mayor Slavitz asked how long the spa and struelurcs had been there. Ms. Blogg replied
they had been there "over a year now."
Tim Peterson. neighbor at 1860 Vistazo West. said the structures were located on the "down
side" of the property and were unobtrusive. Hc said if they were relocated they would have a
possible view impact ti)r him and surrounding neighbors, and would also make the spa less
private lor Ms. Blogg. He said he had no objection to her keeping the structures whcrc thcy
were.
Phil Hart, friend of Ms. Blogg, said that the application met two out of lour tindings ti)r
variances. He asked, however, who had determined that moving the structures was not an
unnccessary hardship.
Mr. Watrous c1ariticd that what the Board actually said was that it could not makc the tlnding
that there would be an unneccssary hardship created by relocating the structures.
Mr. Hart askcd filr Council's consideration of an unnecessary hardship and the special
circumstances of the topography of the property, which was too steep in his opinion to relocate
the spa and other structures.
Mayor Gram dosed the public hearing.
Vice Mayor Slavitz and Councilmcmber Fredericks pointed out on a map that it appeared that
some steps on Ms. Blogg's property were actually in thc Vistazo West right of way.
Tuwn COllncil Alil1ules !I /2-]002
May 15. J{){)J
Page ti
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Councilmember Thompson said this right of way had been created with the idea of widening
Vistazo West in order to connect it to Lyford Drive.
Vice Mayor Slavitz said that it was important to view the application as a '.blank slate" and not
base a decision on the t~\Ct that there were existing structures. He said the Design Review Board
would not have approved the structures as sited, and that an approval now would create the
possibility tor future improvements to the structures [in their current location].
Slavitz said that although it was difficult to say "tear it down:' ifit was not torn down, a bad
precedent would be set.
Councilmember Fredericks said that a hardship as defined in the Town's zoning ordinance did
not have to do with the costs associated with fixing something that was built something without
approvaL She said she regretted that the tindings tor approval could not be made.
Councilmember Thompson said that he agreed with the saying that it was sometimes easier to
gain torgiveness than to scek approvaL But in this instance, Thompson said, he was a "big softy"
and might be persuaded to allow the structures to remain in their current location if he knew the
property was going to be sold in the near future and thcn require that the structures be torn down
at that time. However, he said he could not "do that to the community'.
Councilmember Fredericks agrced that such an action might constitute '.spot zoning:' which
would be illegal.
Mayor Gram said he agreed with his fellow Councilmembers and stated that you "can't look at
something placed illegally and try to make it legaL"
MOTION:
Moved:
Vote:
To deny the appeal and instruct Stall to return with a resolution of findings.
Slavitz, seconded by Fredericks
A YES: Unanimous
RECUSED: Bcrger
Mayor Gram asked to reconvene thc meeting in the Conference Room in order to conduct
interviews for the Planning Commission. Council intcrviewed Mr. Ralph Hayward tor the
position.
Council thcn rcconvcned in Chambers and conductcd thc discussion regarding appointments to
the Planning Commission. Council concurred that of the !(lllr applicants recently intervicwed,
Design Review Board mcmber Dick Collins was not only qualitied but had thc most familiarity
and expericnce with the Town's processes.
TOWII Council A,linlllL'S If /2-](){)]
May /5. 200J
Page 7
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APPOINTMENTS
. Planning Commission - (One Vacancy)
MOTION:
Moved:
Vote:
To appoint Richard Collins to the Planning Commission
Slavitz, secondcd by Frcdericks
AYES: Unanimous
REGULAR AGENOA
9. Recommendation by Town Manager - Leasc of Mobile Storage Unit
Town Manager McIntyre said that leasing a temporary storage unit would create a place to
relocate the Planning Department liles while building out the new workstations in Town Hall.
McIntyre said StalThad rescarchcd other options that wcre Icss desirable and that thc proposed
vault would be a vcntilated, secure storage facility that would preserve the Town's tiles and
allow easy access by Staff. He said the vault would be located in the parking lot behind Town
Hall and would take up to four parking spaces where the Building and Planning Department
vehicles were currently located.
e The Town Managcr said the lease would be lor one year in an amount not to exceed $3,000.
Councilmember Berger said that he and the Town Hall architect, David Ross, had met with
Town Staff to rcview the storage options at Town Hall, both short and long tern1. l3ergcr said
that the long-term solutions that were discussed would be prohibitive in cost and difficult to
achieve.
Councilmcmbcr Slavitz asked if the location of the vault would have an adverse impact on
parking at Town Hall. Town Manager Mcintyre said that since Town Staff and the Library Staff
now parked at the adjacent Zelinksy lot, there did not appear to be a problem with parking.
Mayor Gram said he liked the interim quality ofthc recommcndation. Viec Mayor Slavitz said it
would not ttlrestall finding other. long-term solutions.
Councilmember Thompson said that space in the Joint Recreation Department should be uscd tor
tile storage.
MOTION:
To approve the recommended lease of a vault ttlr temporary tile storage at Town
Hall.
Berger, scconclcd by Slavitz
A YES: Berger, Fredericks, Gram, Slavitz
NOES: Thompson
Moved:
Vote:
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Town Council A4il1l1tes # J 2-]()()]
Mar /5. ]00]
Page 8
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COUNCIL, COMMISSION AND COMMITTEE REPORTS
Councilmember Berger said that he had attended the Parks & Open Space Commission meeting
the previous night wherein a proposal !()r a Skatcboard Park in the vicinity of Blackie's Pasture
. was discussed. Hc said thc Commission had unanimously approved the concept ofa skateboard
park but had also recommended that a task torcc be formed to study the matter in more detail.
Council member Fredericks said that it was her understanding that the Commission had approved
the park concept but not the actual location. She expressed concern that the proponents might
think that the [Commission] was in favor of the park at the proposed location.
Town Manager Mclntyrc said that Staff would bring the task force recommendation to Council
on Junc 5. Mayor Gram said Council should bc prcparcd to discuss thc mattcr at that timc.
Councilmcmber Thompson said hc had conccrns both about the process and the proposed design
ofthc sculpture !()r thc downtown art project.
Mayor Gram said that thc Hcritagc & Arts Commission had scheduled a public hearing on May
28 to discuss its reeommcnded scleetion. He encouraged the Council to attend this hcaring.
WRITTEN COMMUNICA nONS
Town Council Weekly Digest - May 3, 2002
Town Council Weekly Digest - May 10,2002
AD.JOURNMENT
There being no further business betore the Town Council of the Town ofTiburon, Mayor Gram
adjourned the meeting at 9:22 p.m., sine die.
TOM GRAM, MAYOR
ATTEST:
DIANE CRANE IACOPI. TOWN CLERK
Town CoundllHinules It IJ-JO{)]
May /5. 2002
Page .9
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TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
JUNE 5, 2002 AGENDA ITEM ;Z
TOWN COUNCIL MEMBERS
HEIDI McVEIGH, DIRECTOR OF
ADMINISTRATIVE SERVICES
MONTHLY INVESTMENT SUMMARY REPORT-
AS OF THE MONTH ENDED APRIL 30, 2002
SUBJECT:
TOWN OF TIBURON
Institution! Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $9,370,255.29 2.845% Liquid
Investment Fund
(LA IF)
Total Invested: $9,370,255.29
TIBURON REDEVELOPMENT AGENCY
Institution! Agency
Invcstment
Amount
Interest Rate
Maturity
State of California Loeal Agency $819,365.42 2.845% Liquid
Investment Fund
(LAIF)
Bank of America Other $0
Total Invested: $819,365.42
Notes to Table Information:
State of California Local Agcncy Investment Fund (LAIF): The interest rate represents the effective yield for
the month referenced above. The State of Cali fomi a generally distributes investment data reports in the third
week following the month ended.
Acknowledgment: This summary report accurately reflects all pooled investments ofthe Town ofTiburon and
the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted
by the Town CounciL The investment program herein summarized provides sufficient cash flow liquidity to
meet next month's estimated expenditures.
\..t '('<\C- ~
Heidi McVeigh
cc: Town Treasurer
LAIF Performance Report
Page 1 of I
Philip Angelides, State Treasurer , ...
Inside the State Treasurer's Office ~
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Local Agency Investment Fund
LAIF performance Report
Reporting Date:
Effective Date:
Quarter Yield:
Daily:
Year:
Life:
Quarter Ending 03/31/02
Apportionment Rate: 2.96%
Earnings Ratio: .00008101846104215
Fair Value Factor: 1.000783911 (updated)
Monthly Average For April: 2.845%
OS/29/02
OS/29/02
2.79%
2.71%
3.52%
176
Pooled Mmey Ime_ent Account
Pol1folio Corr(lo9tion
$49.5 BilUm
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Loans
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Reverses
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Corpor.rte
Bonds
455.,.
Comnercial
P3per
1247.,.
Bankers
Acceptances
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i!l AcIobe PDF_yersion of LAIF PertQrrrL::J!lce"
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. Treasuries
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c Corporate Bonds
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TOWN OF TIBURON
STAFF REPORT
AGENDA NO.: J
FROM:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
SENIOR PLANNER WATROUS ~
ADOPTION OF RESOLUTION IN SUPPORT OF THE SAFE
ROUTES TO SCHOOLS PROGRAM
TO:
SUBJECT:
MEETING DATE:
.JUNE 5, 2002
REVIEWED BY:
TOWN MANAGER MCINTYRE
~
e SUMMARY:
The Reed Union School District has indicated an interest in becoming a part of the Safe Routes
to Schools Program. This volunteer-driven program promotes walking and bicycling to schools,
with the intent of encouraging physical fitness and alleviating excessive school-related vehicle
traffic.
The Bicycle Pedestrian Advisory Committee has unanimously recommended that the Tiburon
Town Council support the School District in its etlorts by adopting the attached resolution in
support of the Safe Routes to Schools Program. Adoption of this resolution will not result in any
financial obligation for the Town.
RECOMMENDATION:
It is recommended that the Town Council adopt the attached resolution in support of the Safe
Routes to Schools Program.
EXHIBITS:
I. Draft resolution
e
TIBURON TOWN COUNCIL
SAFE ROUTES TO SCHOOLS PRO(iRAM RESOLUTION
JUNE 5. 2()()2
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
IN SUPPORT OF THE SAFE ROUTES TO SCHOOLS PROGRAM
WHEREAS, the Bicycle Pedestrian Advisory Committee has recommended that the
Town of Tiburon endorse the Safe Routes to Schools Program; and
WHEREAS, the Safe Routes to Schools Program would begin in the 2002-200Jsehool
year; and .
WHEREAS, in addition to helping to relieve moming traffic, the Town of Tiburon is
excited about the potential for this Safe Routes to Schools Program because walking anil
bicycling increases the physical health of children: and
WHEREAS, existing bieyclc lancs, pedestrian paths and sidewalks on the Tiburon
Peninsula would be well used as school routes through morc community education. cooperation,
and promotion.
NOW, THEREFORE, BE IT RESOLVED that thc Tiburon Town Council hereby
supports the Safe Routes to Schools Program.
PASSED AND ADOPTED at a regular mceting of the Town Council on June 5, 2002, by
the following vote:
A YES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
TOM GRAM, MAYOR
TOWN OF TlBURON
ATTEST:
DIANE CRANE [ACOPL TOWN CLERK
H :\dwatrous\reso lutions\ TCSafeRoutestoSchoo Is.resolution.doc
Tihuron Town Council
I{csolUlion Nn.
6/5101
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TOWN OF TIBURON
STAFF REpORT
To:
From:
Subject:
Date:
Reviewed:
ITEM NO. i
Mayor and Member of the Town Council .
Heidi McVeigh, Director of Administrative Services
Signature Authorization
June 5, 2002
Alex D. Mcintyre, Town Manager
The matter before the Town Council is the adoption of the attached Resolution which
authorizes Town Council members and certain staff members who may sign Town
warrants. With the recent appointment of Council member Berger and the creation of
the Director of Administrative Services position, now is the appropriate time to add
those two names as persons eligible to sign Town warrants.
Attachment
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RESOLUTION NO. ---2002
A RESOLUTION OF THF: TOWN COUNCIL OF
THE TOWN OF TIBURON AMENDING RESOLUTION NO. 03-2002
WHICH AUTHORIZES Hm SIGNING AND
ENDORSING OF CHECKS AND OHlER INSTRUMENTS OF PAYMENT
& ACCESS TO DOCUMI~NTS RETAINED IN SAFEKEEPING
WHEREAS, the Town of Tiburon has, by resolution, adopted a policy which identities thc
employees and otlieials who may sign and endorse chccks and other instruments of payment on behalf of
the Town. and which employees may have authorization lor access to Town documents held in
safekeeping: and
WHEREAS, lrom time to time as cmployees authorized to sign and endorse chceks and other
instruments of payment on behalf of the Town leaw the employment of the Town it becomes necessary
to add an authorized signer; and
WHEREAS, subsequent to the adoption of Resolution 03-2002 on January 2, 2002, the Town
Council has approved an interdepartmental change in personnel and has appointed a new Town
Councilmember, which actions now require an amendment to Resolution No. 03-2002;
NOW THEREFORE. BE IT RESOLVED THAT:
I. The Bank of America, Tiburon Branch, shall be the depository lor all funds of the Town
ofTiburon. Commercial accounts shall be established and maintained by and in the name of the Town of
Tiburon and its Redevelopment Agency at the designated bank upon and subject to such terms as may be
agreed to from time to time.
2. All checks, drafts and other instrumcnts tor payment from the Town's commercial
Gcncral and Redevelopment Ageney accounts in the amount of $2,500.00 or less, or relating to the
Town's state and fcderal payroll tax obligations or PERS retirement or health insurance bendit
obligations in any amount shall be signed on behalf of the Town by any two (2) of the following pcople:
Town Manager (Alex Mclntyre), Town Attorney (Ann Danforth), Dircetor of Administrative Services
(Heidi McVeigh), or any member of the current Town Council (Alice Fredericks, Miles Benler, Tom
Gram. JeffSlavitz, Andrew Thompson).
3. All payroll, payroll payable, and payroll benefit checks shall be signed by the Town
Manager, or in his absence, the Town Attorney, the Director of Administrative Services, or any member
of the Town Council.
4. All other checks, drafts and instruments for payment shall be signed on behalf of the
Town and its Redevelopment Agency by the Town Manager, Town Attorney, Director of Administrative
Services, or Town Treasurer and by one memhcr of the Town Council (Board of Directors of the
Tiburon Redevelopment Agency).
5. All checks. dratis or other instruments t()r payment made payable to the Town ofTiburon
may be endorsed for deposit by written or stamped endorsement in the name of the Town ofTiburon
(Tiburon Redevelopment Ageney) without individual signatures.
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RESOLUTION NO. ---2002
Ile~ ))0, ~
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
COMMENDING CHIEF ROSEMARY BLISS
FOR OVER 20 YEARS OF SERVICE TO THE TlBURON COMMUNINTY
AND
TlBURON FIRE PROTECTION DISTRICT
WHEREAS, Rosemary Bliss began her firefighting and fire prevention career in 1973 as
the first woman firefighter with the Chautauqua Volunteer Fire Department in upstate New
York; and
WHEREAS, Bliss was elected Assistant Fire Chief and later went on to become an
Emergency Medical Technician in that venue;
WHEREAS, in addition to her tire-related interests, Bliss earned a Bachelor's degree in
psychology from Elmira College in New York, and a Master's degree in photojournalism from
Goddard College in Vcrmont; and
WHEREAS, Bliss brought her skills, education and interests with her whcn she joined
the Tiburon Fire Protection District in 1981 as its Fire Marshal, being the first female tire marshal
in Marin County; and
WHEREAS, while working as Fire Marshal. Bliss served two terms as president of the
Marin Fire Prevention Offieers and became coordinator of the tire investigation team; in
addition, she served on the Fire Protection System Committee and Public Education Committee
of the NorCal Fire Prevention Oftlcers;
WHEREAS, Bliss pioneered a local sprinkler ordinance and introduced NFP A ;;Learn
Not to Burn" curriculum into the Tiburon schools; and
WHEREAS, Rosemary Bliss became Calitornia's tirst woman career tire chief in 1993;
NOW, THEREFORE, BE IT RESOL VED, that the Town Council commends Chief
Rosemary Bliss for over 20 years of faithful service to the Tiburon community and the Tiburon
Fire Protection District, and wishes her all the best.in her future endeavors.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on June 5,
2002 by the following vote:
AYES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
TOM GRAM, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON ACCEPTING
2001 STREET REHABILITATION PROGRAM
PROJECT NO. 6940-E-OIOI
WHEREAS, Patrick F. Echols, Town Engineer for the 2001 Street Rehabilitation Program
(Project No. 6940-E-OlOl) has stated that, as of May 2002, the contract work was satisfactorily
completed in accordance with the contract specifications awarded on September 19, 200 I to
Maggiora & Ghilotti, Inc., San Rafael, CA.
NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town ofTiburon
accepts the contract work as complete, which is more fully described in the aforementioned contract,
located within the offices of the Town ofTiburon.
PASSED AND ADOPTED at a regular meeting of the Town Council ofthe Town ofTiburon
on, Wednesday, June 6. 2002, by the following vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
BY:
THOMAS GRAM
MAYOR
ATTEST:
DIANE CRANE IACOPI
TOWN CLERK
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TOWN OF TIBURON
STAFF REPORT
To:
From:
Subject:
Date:
Town Council
Pat Echols, Director of Public Works/Town Engineer ~
Accept 2001 Street Rehabilitation Project as Complete
May 3 I, 2002
~
ITEM NO.
MEETING DATE: 6/5/02
BACKGROUND
On September 19,200 I, the Town ofTiburon awarded the 200 I Street Rehabilitation Project to low
bidder Maggiora & Ghilotti, Inc. The base contract amount for project construction was $419,914.
The work scope was amended to include resurfacing of Kleinert Way and Ned's Way ($45,922 cost
paid by the Taylor Woodrow Homes as part of Chandler's Gate development). The final contract
amount is $528,855.10 which included change order work totaling $65,442.17 for storm drainage
repairs on Greenwood Beach Road, installing driveway transition plates on Jefferson Drive, additional
digout repairs in thc Stcwart Drive arca, and contractor remobilization. All work was performed in
accordance with the approved plans and specifications.
RECOMMENDA nON
The Town Council should accept as complete the 200 I Street Rehabilitation Project by adopting the
attached resolution and authorizing the Town Engineer to issue a Notice of Completion and releasccontract
retention funds to Maggiora & Ghilotti, Inc.
Attachment: Resolution No.
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TOWN OF TIBURON
STAFF REPORT
ITEM NO. 1
REPORT DATE. 5/30/02
TO:
FROM:
SUB.JECT:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
,BRIAN LYNCH, ASSOCIATE PLANNER
8 TARA VIEW ROAD; FILE #20202
ADOPTION OF RESOLUTION PARTIALLY GRANTING THE
APPEAL OF A DESIGN REVIEW BOARD DECISION TO APPROVE
THE SITE PLAN AND ARCHITECTURAL REVIEW OF A POOL, SPA,
AND CABANA, WHICH REQUIRES A V AR\iE FOR EXCESS LOT
COVERAGE.
ALEX MCINTYRE, TOWN MANAGER
.JUNE 5,2002
REVIEWED BY:
DATE:
APPLlCANTS- DA VID AND CATHY HALLAM
APPELLANTS- BOB AND NASEALlA CORNMAN
SUMMARY:
On May 15,2002, the Town Council held a public hearing on an appeal of the Design Review Board's
decision to approve the site plan and architectural review of a pool, spa, and cabana, which requires a
variance for excess lot eovcragc. At that meeting, thc appellants and the applicants presented a revised
plan showing that the cabana would be reduced in size to hclp mitigate the adverse impacts of the
project. The revised plan was mutually agreeable between the concerned partics, The Town Council
eoncurrcd that the revised plan was appropriate for the site and voted unanimously (5-0) to approve the
revised plan, partially granting thc appeal, and directed staff to draft a resolution memorializing this
decision. The draft resolution for this application has been prepared as requested, and is attached.
RECOMMENDATION:
Adopt the attached resolution partially granting the appeal,
EXHIBITS:
1.
Draft resolution
TlEURON TOWN COUNCIL
STAFF REPORT
JUNE 5. 21102
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY
GRANTING AN APPEAL OF A DESIGN REVIEW BOARD DECISION TO APPROVE THE
SITE PLAN AND ARCHITECTURAL REVIEW OF A POOL, SPA, AND CABANA, WHICH
REQUIRES A VARIANCE FOR EXCESS LOT COVERAGE, ON A PROPERTY LOCAfED
AT 8 TARA VIEW ROAD.
ASSESSOR PARCEL NO. 58-201-14
WHEREAS, on February 21. 2002 the Design Review Board held a public hearing to
consider the request of David and Cathy Hallam ("Applicants") to construct a pool. spa, and
accessory structure (cabana), and to install various landscaping improvements, with a variance
for excess lot coverage, on a property located at 8 Tara View Road; and
WHEREAS, on February 21, 2002, afler receiving public testimony and considering thc
application, the Dcsign Review Board continued the item to March 2 L 2002, so a modified
design could be submittcd; and
WHEREAS. on March 21, 2002, the Dcsign Review Board held a public hearing, and
considered a modif1ed dcsign for the project, and by way of 5-0 vote, approved the modified
application; and
WHEREAS, on March 29, 2002, Bob and Nasealia Cornman ("Appellants"), owners of
the adjacent property at 150 Round Hill Road, filed a timely appeal of thc Dcsign Rcvicw
Board's decision to approve this application: and
WHEREAS, on May 15,2002, the Town Council held a duly-noticed public hearing on
the appeal; and
WHEREAS, on May \5,2002, thc Applicants and the Appellants presented to the Town
Council a compromise that was mutually agrccable between the two parties, in the form of a
revised noor plan and elevation for the cabana; and
WHEREAS, on May 15,2002, the Town Council concurred that the revised plan was
appropriate tor the sitc, and voted unanimously (5-0) to approve the revised plan datcd May 15,
2002, partially granting the appeal.
T1UURON TOWN COUNCIL
RESOLUTION NO.
6/5/02
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NOW, THEREFORE. BE IT RESOLVED that the Town Council of the Town ofTiburon
docs hcreby partially grant the appeal. subject to the following modified condition of approval:
I. The development of this project shall contorrn to the plans approved by the Design
Review Board on March 21, 2002, with the exception that the cabana must eonlorrn to
thc rcvised plan received by the Town ofTiburon on May 15,2002. Any modifications
to the approved plans must receive further design review and approvals.
PASSED AND ADOPTED at a regular mecting ofthc Town Council on May 15,2002,
by the following votc:
AYES:
GRAM, BERGER, FREDERICKS,
SLA VIE, AND THOMPSON
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
NONE
ABSENT:
COUNCILMEMBERS:
NONE
TOM GRAM, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPL TOWN CLERK
'TIBURON TOWN COUNCIL
2
RESOLI.JT10N NO.
61S!()2
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TOWN OF TIBURON
ST AFF REPORT
~
AGENDA NO.:
TO:
MA YOR AND MEMBERS OF THE TOWN COUNCIL
SENIOR PLANNER WATROUS~
ADOPTION OF RESOLUTION DENYING APPEAL OF
DESIGN REVIEW BOARD DECISION TO DENY SITE
PLAN AND ARCHITECTURAL REVIEW FOR THE
APPROVAL OF AS-BUILT STORAGE SHED, DECK AND
SP A, WITH VARIANCES FOR REDUCED FRONT AND
SIDE YARD SETBACKS (1870 VIST AZO WEST STREET)
FROM:
SUB.IECT:
APPELLANTS/
APPLICANTS:
TAMARA BLOGG
~~;~;;;;;-----;;;;~~~~~~~~-----
SUMMARY:
On May 15,2002, the Town Council held a public hearing on an appeal of the Design Review
Board's decision to deny a Site Plan and Architectural Review application for the as-built
construction of a storage shed and spa, with Variances for reduced front and side yard setbacks,
on property located at 1870 Vistazo West Street. At that meeting, the Town Council voted (4-0)
to deny the appeal. A resolution has been prepared memorializing this decision, and is attached.
RECOMMENDATION:
Adopt the attached resolution denying the appeal.
EXHIBITS:
Draft resolution
TmURON TOWN COt JNelL
STAFF REPORT
JUNE 5. 2002
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DENYING AN APPEAL BY TAMERA BLOGG OF THE DENIAL OF SITE PLAN AND
ARCHITECTURAL REVIEW AND VARIANCES
fOR PROPERTY LOCA TED AT 1870 VIST AZO EAST STREET
WHEREAS, on December 20,2001, the Design Rcvicw Board held a public hearing to
eonsidcr the approval of a Site Plan and Architectural Review application for the as-built
construction of a storage shed and spa, with variances for reduced front and side yard setbacks,
on property located at 1870 Vistazo West Street, proposed by Tamera Blogg ("Owner"); and;
WHEREAS, after recciving public testimony. the Design Review Board determined that
thc necessary tindings to approve the requested variance could not be made, as the physical
constraints of this site do not create special circumstances that would deprive the applicant of the
privileges of developing spas or additional l100r area enjoyed by other properties in the vicinity,
and ncither thc placement of these improvemcnts elsewhere on thc site, nor thc nccd to remove
structures built without tirst obtaining thc necessary permits, constitutes .a practical ditliculty or
an unncccssary hardship on thc applicant; and
WHEREAS, on January 3. 2002 the Design Review Board unanimously adopted
Resolution No. 2002-01 denying this application; and
WHEREAS, on January 14,2002, the Owncr t1lcd an appcal of the Board's decision to
deny the application lor Site Plan and Architectural Revicw and Variances for 1870 Vistazo
West Street; and
WHEREAS, on May 15,2002, the Town Council of the Town ofTiburon held a duly-
noticed public hearing on the appeal; during whieh publie testimony was heard regarding the
subject eonstruction and the Design Review Board's review of the application: and
WHEREAS, after hearing all testimony and reviewing all documents in the record. the
Town Council agreed with the Design Review Board that the tindings necessary to approve the
requested variances could not be made, determined that the subjeet shed and spa would not have
been allowed at this location if the Owncr had rcquestcd approval beforc construction, and tllund
that there would be no hardship involved in requiring thc Owncr to remove thcse unpermitted
improvcmcnts.
WHEREAS, based on the above tindings, thc Council determined to deny the appeal by
the Owner and uphold the Design Review Board's denial of the project (a vote of 4-0).
TIBURON TOWN COlJNC'l1
RI::S()I.l)Tl0N NO.
1
6/5102
.."
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.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
memorializes that the appeal of Tamera Blogg was denied on May 15,2002, as set forth in this
resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on June 5, 2002, by
the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
TOM GRAM, MAYOR
TOWN OF TIBURON
. ArrEST:
DIANE CRANE IACOPI, TOWN CLERK
.
T1BlJRON TOWN COUNCIL
R~SOUJT10N NO.
0/5102
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TOWN OF TIBURON
STAFF REPORT
ITEM No.L
To:
MAYOR AND MEMBERS OF THE TOWN C~CIL
ALEX D. MciNTYRE, TOWN MANAGER ~
2002 REFUSE COLLECTION RATE APPLlCATION-
MILL VALLEY REFUSE SERVICE, INC.
From:
Subject:
Date:
MAY 31,2002
Mill Valley Refuse Service (MVRS) has again timely submitted its request for its annual
rate increase. The Town has had a franchise agreement with MVRS since 1965.
Effective July 1, 2002 through June 30, 2003, MVRS is requesting a rate increase of
3.50% across the board for all levels of service. As noted in their cover letter request,
the consumer price index for the year ending December 2001 was approximately 3.50%
(Exhibit A). The request appears reasonable. A full copy of the application is available
in my office for review.
For last year's rate application increase, the Town joined with the cities of Mill Valley,
Belvedere and the County of Marin to undertake a complete rate analysis. The findings
proved supportive of the rate increase. This year, the city managers agreed that
repeating the process would be onerous. Originally, MVRS submitted a rate application
request for 5.40% using different factors for calculating the consumer price index. The
city managers met with representatives of MVRS and advised them such an increase
could not be supported.
Recommendation
It is recommended that the Town Council accept the Mill Valley Refuse Service, Inc.
rate application and approve the attached Sixteenth Amendment to Franchise
Agreement (Exhibit B).
Exhibits
A - Rate Application Request from MVRS
B - Sixteenth Amendment to Franchise Agreement
Mill VAllEY
REFUSE
SERVICE,
INC.
P.O. BOX 3557 - SAN RAFAEL. CALIFORNIA 94912.3557
PHONE: (415) 457,9760 FAX. (415) 457-3003
~:'J ~-:'::/~;r= ~.\ ,;;:.:...."_
:1:~i.::..:~J,_.,~~ 'j \\({ f:r" ~l~
.-,./ "__.'.. i,/ .~,~., .:__)
11,1;\'''' 2' -".:', "!;IU
'1-'< j ;," r.: ~ JA,
May 24, 2002
': (J i,,'; ~l,.~';~ i;\ ~\;';; ~~ ~ ~;~ :St~ i ,: ,~
Mr. Alex McIntyre
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
Dear Alex,
We are requesting a rate increase for the Town of Tiburon for the period of July
1,2002 to June 31,2003. The increase we are requesting in rates is 3.50'Yo. This is
the same as the December 200 I cpr 3.50 %.
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Please contact me at (415) 457-9760 so that we may schedule a meeting to discuss
this request.
Sincerely,
(MilI raIley Refuse Service
V~\,\\J,~~,
David Biggio
President
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TIBURON INCREASE 3 . 50'0 EFFECTIVE 7/1/02 Page 1 of 5
CURRENT PROPOSED NEW NEW
MONTHLY RATE INCREASE MONTHLY RATE QUARTERLY # CAN
-- 19.40 0.68 20.07 60.21 1 CAN FLAT
23.08 0.81 23.89 71.67 1 CAN HILL
35.28 1.23 36.52 109.56 2 CANS ALL
50.92 1.78 52.71 158.13 3 CANS ALL
66.52 2.33 68.86 206.58 4 CANS ALL
17.18 0.60 17.78 53.34 MINI CAN FLAT
20.35 0.71 21.06 63.18 MINI CAN HILL
27.36 096 28.32 84.96 45 GAL FLAT
32.85 1.15 34.00 102.00 45 GAL HILL
ROLliNG HILLS AREA
42.84 1.50 44.34 133.Q2 1 CAN/2PU
67.06 2.35 69.40 208.20 2 CAN12PU
98.36 3.44 101.80 305.40 3 CAN/2PU
129.66 4.54 134.19 402.57 4 CAN/2PU
82.16 2.88 85.04 255.12 5 CAN/1PU
97.81 3.42 101.23 303.69 6 CAN/1PU
19.21 CU. YD. TIBURON CONTAINERS
CURRENT PROPOSED NEW
MONTHLY RATE INCREASE MONTHLY RATE RENTAL PICKUPS
1 YARD CONTAINER
-- 79.67 2.79 82.46 13.00 1 PICKUP
159.36 5.58 164.94 13.00 2 PICKUP
239.07 8.36 247.43 13.00 3 PICKUP
318.74 tU5 329.89 13.00 4 PICKUP
398.44 13.94 412.38 13.00 5 PICKUP
478.14 16.74 494.88 13.00 6 PICKUP
2 YARD CONTAINER
159.36 5.58 164.94 26.00 1 PICKUP
318.74 11.15 329.89 26.00 2 PICKUP
478.14 16.74 494.88 26.00 3 PICKUP
637.44 22.32 659.76 26.00 4 PICKUP
796.89 27.89 824.78 26.00 5 PICKUP
956.26 33.47 989.73 26.00 6 PICKUP
MISCELLANEOUS INFORMATION
COMMERCIAL
CURRENT PROPOSED NEW
MONTHLY RATE INCREASE MONTHLY RATE
26.51 0.95 27.46 COMM. 1-32GAL CAN 1PU
34.00 1.19 35.19 COMM. 1-45GAL CAN 1PU
~ 18.31 0.66 18.97 APT. PER UNIT-FLAT
17.41 0.62 18.03 HILA RITA PER CAN FLAT
22.00 0.79 22.79 APT. PER UNIT-HILL
I 21.03 0.76 21.79 HILARITA PER CAN HILL
TIBURON INCREASE 3.50'0 Page 2 of 5
COMMERCIAL 32 GL CAN
. CURRENT PROPOSED NEW
tJ-NTHLY RATE INCREASE MONTHLY RATE # OF CANS
26.51 0.93 27.44 1 CAN/1 PU
43.99 1.54 45.53 2 CANS/1 PU
61.49 2.15 63.64 3 CANS/1 PU
78.98 2.76 81.74 4 CANS/1 PU
96.48 3.38 99.86 5 CANS/1 PU
113.90 3.98 117.88 6 CANS/1 PU
13149 4.60 136.09 . 7 CANS/1 PU
148.99 5.21 154.20 8 CANS/1 PU
t66.50 5.83 172.33 9 CANS/1 PU
43.99 1.54 45.53 1 CAN/2 PU
79.01 2.76 81.77 2 CANS/2 PU
113.90 3.98 117.88 3 CANS/2 PU
148.99 5.21 154.20 4 CANS/2 PU
184.00 6.44 190.44 5 CANS/2 PU
219.00 7.66 226.66 6 CANS/2 PU
253.99 8.89 262.88 7 CANS/2 PU
288.99 10.11 299.10 8 CANS/2 PU
323.98 11.34 335.32 9 CANS/2 PU
. 61.50 2.15 63.65 1 CAN/3 PU
113.90 3.98 117.88 2 CANS/3 PU
166.50 5.83 172.33 3 CANS/3 PU
219.00 7.66 226.66 4 CANS/3 PU
271.51 9.50 281.01 5 CANS/3 PU
323.98 11.34 335.32 6 CANS/3 PU
376.47 13.17 389.64 7 CANS/3 PU
428.96 15.0t 443.97 8 CANS/3 PU
481.44 16.85 498.29 9 CANS/3 PU
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TIBURON INCREASE 3.50% Page 3 of 5
COMMERCIAL 32 GL CAN
. CURRENT PROPOSED NEW
WNTHLY RATE INCREASE MONTHLY RATE # OF CANS
82.15 2.87 85.02 1 CAN/4 PU
t48.99 5.21 154.20 2 CANS/4 PU
219.00 7.66 226.66 3 CANS/4 PU
288.99 10.11 299.10 4 CANS/4 PU
358.91 12.56 371.47 5 CANS/4 PU
428.96 15.01 443.97 6 CANS/4 PU
499.00 17.46 516.46 7 CANS/4 PU
569.05 19.91 588.96 8 CANS/4 PU
639.10 22.36 661.46 9 CANS/4 PU
96.48 3.38 99.86 1 CAN/5 PU
184.00 6.44 190.44 2 CANS/5 PU
271.51 9.50 281.01 3 CANS/5 PU
358.91 12.56 371.47 4 CANS/5 PU
446.32 15.62 461.94 5 CANS/5 PU
533.72 18.68 552.40 6 CANS/5 PU
621.12 21.73 642.85 7 CANS/5 PU
708.53 24.79 733.32 8 CANS/5 PU
795.93 27.85 823.78 . 9 CANS/5 PU
113.90 3.98 117.88 1 CAN/6 PU
219.00 7.66 226.66 2 CANS/6 PU
323.98 11.34 335.32 3 CANS/6 PU
428.99 15.01 444.00 4 CANS/6 PU
534.09 18.69 552.78 5 CANS/6 PU
639.00 22.36 661.36 6 CANS/6 PU
743.90 26.03 769.93 7 CANS/6 PU
848.80 29.70 878.50 8 CANS/6 PU
953.70 33.37 987.07 9 CANS/6 PU
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TIBURON INCREASE 3.50':'0 Page 4 af 5
COMMERCIAL 45 GL CAN
. CURRENT PROPOSED NEW
.NTHLY RATE INCREASE MONTHLY RATE # OF CANS
34.00 1.19 35.19 1 CAN/1 PU
60.21 2.11 62.32 2 CANS/1 PU
86.47 3.03 89.50 3 CANS/1 PU
112.7t 3.94 116.65 4 CANS/1 PU
138.96 4.86 143.82 5 CANS/1 PU
165.07 5.78 170.85 6 CANS/1 PU
191.49 6.70 198.19 7 CANS/1 PU
217.71 7.62 225.33 8 CANS/1 PU
243.97 8.54 252.51 9 CANS/1 PU
60.21 2.11 62.32 1 CAN/2 PU
112.74 3.95 116.69 2 CANS/2 PU
165.07 5.78 170.85 3 CANS/2 PU
217.71 7.62 225.33 4 CANS/2 PU
270.24 9.46 279.70 5 CANS/2 PU
322.73 11.29 334.02 6 CANS/2 PU
375.22 13.13 388.35 7 CANS/2 PU
427.71 14.97 442.68 8 CANS/2 PU
480.21 16.80 4970t 9 CANS/2 PU
_ 86.49 3.03 8952 1 CAN/3 PU
165.07 5.78 170.85 2 CANS/3 PU
243.97 8.54 252.51 3 CANS/3 PU
322.73 11.29 334.02 4 CANS/3 PU
401.49 14.05 415.54 5 CANS/3 PU
480.21 16.80 497.01 6 CANS/3 PU
558.94 19.56 578.50 7 CANS/3 PU
637.67 22.31 659.98 8 CANS/3 PU
716.40 25.07 741.47 9 CANS/3 PU
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TIBURON INCREASE 3.50':10 Page 5 of 5
COMM~RCIAL 45 GL CAN
. CURRENT PROPOSED NEW
WTHLY RATE INCREASE MONTHLY RATE # OF CANS
117.46 4.11 121.57 1 CAN/4 PU
217.71 7.62 225.33 2 CANS/4 PU
322.73 11.29 334.D2 3 CANS/4 PU
427.71 14.97 442.68 4 CANS/4 PU
532.59 18.64 551.23 5 CANS/4 PU
637.67 22.31 659.98 6 CANS/4 PU
742.74 25.99 768.73 7 CANS/4 PU
847.81 29.67 877.48 8 CANS/4 PU
952.88 33.34 986.22 9 CANS/4 PU
138.96 4.86 143.82 1 CAN/5 PU
270.24 9.46 279.70 2 CANS/5 PU
401.49 14.05 415.54 3 CANS/5 PU
532.59 18.64 551.23 4 CANS/5 PU
663.70 23.23 686.93 5 CANS/5 PU
794.8t 27.81 822.62 6 CANS/5 PU
925.92 32.40 958.32 7 CANS/5 PU
1057.02 36.99 1094.01 8 CANS/5 PU
1188.13 41.58 1229.71 9 CANS/5 PU
. 165.07 5.78 170.85 1 CAN/6 PU
322.73 11.29 334.02 2 CANS/6 PU
480.21 16.80 497.01 3 CANS/6 PU
637.72 22.32 660.04 4 CANS/6 PU
795.37 27.83 823.20 5 CANS/6 PU
952.73 33.34 986.07 6 CANS/6 PU
1110.08 38.84 1148.92 7 CANS/6 PU
1267.44 44.36 1311.80 8 CANS/6 PU
1424.79 49.87 1474.66 9 CANS/6 PU
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SIXTEENTH AMENDMENT TO FRANCHISE AGREEMENT
The parties arc the TOWN OF TIBURON, a municipal corporation organized and existing
under and by virtue of the laws of the State ofCalitornia, hereinafter referred as "Town," and MILL
V ALLEY REFUSE SER VICE,INC." a California corporation hereinaftcr refcrred to as "Company."
WITNESSETH
WHEREAS, the parties hereto lore entered into a writtcn agrcement dated Novcmber 12,
1965 and renewed a modified Solid Waste Management Agreement on December 6, 1995, relating to
the collection and disposal of all refuse within the Town, and have amended said rates for scrvices
referred to in the agreement on several occasions, and
WHEREAS. the parties now desire to amend said agreement in the respects hereinafter set
forth; and
WHEREAS, thc Town has herctofore held a hearing in the matter, and has determined that
said further amendment is proper and in the best interests of its eitizcns; and
WHEREAS, it has been determined that the rates chargcd by the Company tor the services
referred to herein should be modified and adjusted as hereinaller set forth;
NOW, THEREFORE, it is mutually agreed that the written agreement betwcen the partics
dated December 6, 1995, and the subsequent amendments thereto, shall be amended in the following
manner, effective for the period July 1,2002 to June 30, 2003:
Thc monthly rates shall be thosc set forth in Exhibit A, which is
attached hereto and incorporated hcrein by reterence. These rates
include and incorporate a three point five percent (3.5%) adjustment
to all rates for solid waste collection and recycling for all residential
and commcrcial customers.
Othcr than as hcrein specifically provided, the atoresaid Agreement, and the amendments thereto,
are hereby ratified and confirmed to be and shall continue in full force and et1ect.
III
III
III
III
III
III
III
-1-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as bfthis .-
5th day ofJune , 2002. .,
ATTEST:
DIANE CRANE IACOPI, Town Clerk
TOWN OF T1BURON
TOM GRAM, Mayor
MILL VALLEY REFUSE SERVICE, INC.
By:
Its:
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TOWN OF TIBURON
STAFF REPORT
ITEM NO. /'0
To: MAYOR AND MEMBERS OF THE TOWN COUNCIL
From: ANN R. DANFORTH, TOWN ATTORNEY
Subject: ORDINANCE AUTHORIZING THE TOWN MANAGER TO SETTLE
CERT AIN CLAIMS AGAINST THE TOWN
Date: JUNE 5, 2002
BACKGROUND
Chapter 3A governs the manner in which the Town may enter into valid and binding contracts.
Section 3A-3 authorizes the Town Manager to enter into certain contracts without the prior approval
of the Town Council. This list does not authorize the Manager to settle any claims or litigation
against the Town, even relatively minor ones. In order to allow prompt resolution of minor claims
and litigation, the Town Manager has requested that I draft the proposed ordinance for the Council' 5
consideration.
ANAL YSIS
Currently. Section 3A-3 allows the Town Manager to enter into the following contracts on behalf of
the Town:
(a) For which monies have been appropriated or budgeted and for which there is
an unexpended and unencumbered balance of such appropriation sunicient to pay
the expense of the contract and which is:
(I) For the purchase of supplies, materials or equipment or general services or
public works and the total expenditure does not exceed twenty thousand dollars;
or
(2) For professional services or employment and the total expenditure docs not
exceed ten thousand dollars; or
(3) For emergency purchases, services or public works projects, where the
amounts arc greater than set torth in subsections (a)(I) and (a)(2) of this section.
In an emergency situation, this authority shall extend beyond appropriated or
budgeted funds to the extent necessary to protect the health and safety of persons
or property;
(b) Contracts for community social or recreational services, or tor the use of town
property or facilities for a period not to execed one day, in accordance with town
Amendments to Municipal Code _
June 5, 2002 ..,
Page 2 of2
policy, which require no payment of money by the town or which provide for the
payment of money to the town in an amount not in excess often thousand dollars;
(c) Leases of town property not authorized under subsection (b) of this section for
a period of less than six months;
(d) Right of entry agreements.
As noted above, this section does not allow the Manager to resolve even the smallest claims against
the Town. Accordingly, every settlement must be approved by the Town Council. Where the Town
must authorize a proposed settlement before the next regularly scheduled Council meeting, staff must
convene a special meeting, which can be difEeult on short notice. 1
The proposed ordinance would add as a new subsection (c) the following text:
For settlement of a claim or litigation against the town where the total expenditure
docs not exceed ten thousand dollars;
The current subsections (c) and (d) would be renumbered as subsections (d) and (c) respectively. e
,
The Council should note that Section 3A-2 of the Municipal Code requires that the Town Attorney
approve every Town contract (absent special circumstances rendering it impracticable to obtain such
approval). Accordingly, my office would have to concur in the proposed settlement before the
Manager enters into the agreement.
RECOMMENDA nON
Staff recommends that the Council:
I. Conduct a public hearing on the proposed new ordinance;
2. By motion, read the ordinance by title only; and
3. Pass tirst reading of the ordinance by roll call vote.
EXHIBITS
Draft Ordinance
I Favorable settlement proposals ottcn come with short deadlines. as claimants and plaintitr" may seek to reach
agreement immediate prior to a deadlincfor initiating litigation. tiling pleadings, etc.
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ORDINANCE NO.
N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING CHAPTER 3A OF THE
TIBURON MUNICIPAL CODE REGARDING TOWN
MANAGER'S CONTRACT AUTHORITY
The Town Council or the Town ofTiburon docs ordain as !ollows:
SECTION L Secti()n 3A - 3 of the Tiburon Municipal Code is hcreby amended to read as
follows:
3..\-3 Contract authority of the town manager.
The town manager is authorizcd to enter into and execute on the behalf ofthc town,
without prior approval of the town council, any contract:
(a) for which monies have been appropriated or budgeted and tor which thcre is an
unexpcnded and unencumbered balance of such appropriation sutlicient to pay the expense
of the contract and which is:
(I) for the purchase ofsupplics, materials or equipment or general services or public
works and the total expenditure does not exceed twcnty thousand dollars; or
(2) For professional services or cmployment and thc total expenditure does not exceed ten
thousand dollars; or
(3) for cmcrgency purchases. scrvices or public works projects, where the amounts arc
greater than sd Ii.jrth in subsections (a)(I) and (a)(2) of this scction. In an emergency
situation, this authority shall extend beyond appropriatcd or budgeted funds to the cxtcnt
necessary to protect the health and safety of persons or property;
(b) For community social or recreational serviccs, or fi.)r the use of town property or
facilities fi.)r a period not to exceed one day. in accordance with town policy, which rcquire
no payment of money by the town or which provide for the payment of money to the town
in an amount not in excess of tcn thousand dollars;
(c) For settlement of a claim or litigation against the town where the total expenditure does
not cxcecd ten thousand dollars;
(d) For the Icase of town property not authorizcd under subsection (b) of this scction tor a
period of less than six months;
(e) Allowing the right of entry onto town property.
SECTION 2. SEVERABILITY.
If any scction, subsection, clause, sentencc, or phrase or this Ordinance is tor any rcason
held to be invalid or unconstitutional by a dccision or a Court of competcnt jurisdiction. such
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decision shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town ofTiburon hereby declares that it would have passed this Ordinance, any
section, subsection, sentence, clause or phrase thereof, irrespective ofthe fact that anyone or
more sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
SECTION 3. EFFECTIVE DATE.
This Ordinance shall take effect and be in torce thirty days after the datc of passage, and
before the expiration of fifteen (15) days after passage by the Town Council, a copy of the
ordinance shall bc 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 June _,2002, and was adopted at a regular mccting of the Town Council ofthc
Town of Tiburon on June, ,2002, which was noticed pursuant to Government Code
Section 50022.3, by the tollowing vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCIL MEMBERS;
COUNCILMEMBERS;
THOMAS GRAM, MAYOR
Town of Tiburon
DIANE CRANE IACOPI. TOWN CLERK
2
e TOWN OF TIBURON
STAFF REpORT
AGENDA ITEM NO. / ~
MEETING DATE: 6/5/2002
From:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
PAT ECHOLS, PUBLIC WORKS DIRECTOR tt/
FORMATION OF TASK FORCE TO STUDY THE FEASIBILITY OF A
SKATEBOARD PARK
To:
Subject:
Date:
MAY 31. 2002
ALEX McINTYRE, TOWN MANAGER
Rev. By:
~ BACKGROUND
On March 20, 2002, the Town Council received a verbal request to consider building a
skateboard park in Tiburon. The Council also rcceived a written proposal prepared by Anne
Goggio Cohn on bchalf of thc youths advocating a park. Since the issue was not on the mecting
agenda, Mayor Gram rcfcrred thc issue to staff lor consideration as a future Council agenda item.
Given that the proposed prelerred location of a skateboard park was on Town property adjacent
to Blaekie's Pasture (near the public restrooms), staff relerred the proposal to the Parks & Open
Space Commission (POSC) at their May 14 meeting.
DISCUSSION
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The POSC received a detailed presentation from a group led by Ms. Goggio Cohn. Numerous
speakers elaborated on the need tor such a facility in Tiburon. After receiving public comment, the
Commission discussed the proposal. The Commission expressed general support tor the concept
of a skateboard park, but were not prepared to spceifieally endorsc the Blaekie's Pasture site due
to the many issues (including possible land use restrictions, conditional use permit requirements,
neighborhood concerns, supcrvision, maintenance, etc.) that would need to be evaluated before
considering the Blaekie's Pasture site as a viable option. Because many of the issues would
ultimately involve review and input by the Design Review Board, Planning Commission, Joint
Recrcation Board and the Town Council, the Commission unanimously recommended that the
Town Council consider appointing a committee or task force comprised of a representative from
each group to undertake further study and hold public workshops to provide interested residents
the opportunity to express their opinions regarding a possiblc skateboard park.
RECOMMENDA nON
The Town Council should:
I. Receive a brief presentation by park advocate Anne Goggio Cohn.
2. Consider creating a task force to begin studying the feasibility of a skateboard park in
Tiburon. The task force should include a representative from the Town Council, the
Planning Commission, the Design Review Board, the Parks & Open Space Commission,
and the Belvedere/Tiburon Joint Recreation Committee.
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TOWN OF TIBURON
ST AFF REpORT
l3rd)
ITEM NO.
MEETING DATE: 6/5/2002
To:
From:
Subject:
MAYOR & MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR ~
SPHERE OF INFLUENCE UPDATE BY MARIN LOCAL AGENCY
FORMATION COMMISSION (LAFCO)
MAY 28, 2002 ~
ALEX D. MCINTYRE, TOWN MANAGER ~
Date:
App. By:
BACKGROUND
The Marin Local Agency Formation Commission (LAFCO) has begun its review and update of
the "sphere of influence" for public agencies in southern Marin County. These reviews are
mandated by state law.
The government code dcfines a "sphere ofinflucncc", also known as SOl, as tollows:
A plan for the probable physical boundaries and service area of a local agency, as
determined by the commission [LAFCO].
The current SOl for the Town of Tiburon includes all of Strawberry to U. S Highway 10 I, and
all of unincorporated Paradise Drive to the Corte Madera town limit line. The extent of this SOl
will be carefully reviewed by LAFCO over the course of the next six months or so.
LAFCO has requested early input from Tiburon with respect to where it would prefer to see the
SOT line drawn. The final decision regarding the SOl is made by LAFCO.
ANALYSTS
The Planning Commission discussed the SOL issue at its meeting on April 24, 2002. The Staff
Report and adopted minutes are attached as Exhibits A lInd B.
The Planning Commission notcd that anncxation issues are so closely interwoven with fiscal and
political issues that it was hesitant to make strong recommendations to the Town Council.
TlBUlWN TOWN C()UNC'n
Sl:<IFF REPORT
6/5/]()02
However, from a strictly land use and planning standpoint, Commissioners were unanimous that
the Paradise Drive unincorporated areas should remain within Tiburon' s SOl, whereas. all or a
significant portion of Strawberry should be seriously considered for deletion from the Town of
Tiburon SOL Town Staff supports the direction of these comments.
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OPTIONS
The Town Council need not choose to comment at this time. Assuming that the Town Council
desires to provide some comment to LAFCO at this time, the options appear to be as follows:
1) Retain the existing SOl boundary
2) Amend the boundary to match the Town's current corporate limits
3) Draw a line somewhere in between Options #1 and 2 above, focusing on a logical
extension of the Tiburon Town limits with respect to provision of Town services
Staff recommends either option 2 or 3, and will provide maps at the meeting showing possible
SOl boundaries, should the Town Council have specific suggestions at this time.
EXHIBITS
A. Planning Commission Staff Report from 4/24/2002 meeting.
B. Planning Commission minutes from 4/24/2002 meeting.
Isco[[lso; review 2002[,e reporcdoe e
T/lJURON TOIVN COUNCIL
81>11'F IIEPORT
6/5/2001
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'FefH1 I'?- ,-~ -- .
: if: ilLY!; J~ \Q; if \f
TOWN OF TIBURON
STAFF REpORt
ITEM NO. F- - 3
MEETING DATE 4/24/2002
Date:
PLANNING COMMISSION
SCOTT ANDERSON, PLANNTNG DIRECTOR ~
SPHERE OF INFLUENCE UPDATE BY MARIN LOCAL AGENCY
FOlUvIATION COl'vlMlSSION (LAFCO)
APRfL 19, 2002
To:
From:
Subject:
BACKGROUND
The Marin Local Agency Formation Commission (LAFCO) has begun its review and update of
the "sphere of influence" for public agencies in southern Marin County. Thesc rcviews arc
. mandated by state law
The government code defines a "sphere of influence.', also known as SOl. as follows:
A plan for the probable physical boundaries and service area of a local agency, as
determined by the commission [LAFCO).
The 501 review will include all municipalities and special districts such as sanitary districts, tire
districts, water districts, community service districts, recreation districts, and so torth. The list
(see Exhibit I) does not include school districts Criteria that LAFCO must consider in the SOL
review are attached as Exhibit 2. Town Staff has provided Marin LAFCO with all materials
requested to begin its work on thc SOl update. Marin LAFCO has indicated that it would
appreciate any comments or suggestions the Town may have regarding its SOl boundary. By
happenstance, the LAFCO SOl review coincides with the Town's General Plan update process.
This is fortuitous in that the Town has traditionally attempted to coordinate its "Planning Area"
boundary with LAFCO's SOL boundary
SOl determinations arc important to some municipalities in that properties included within the
SOl are easier and fastcr to annex. In addition. the Marin County Community Development
Agency will sometimes give grcatcr weight to comments madc on dcvelopment proposals by a
city, if the proposed dcvelopment is within the city's SOl.
.
T!/JUIWN PUNNING COMMISSION
STIFI'!lI,POliT
H].IIl(}(}]
Exr-ITBIT No.A
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ANALYSIS
Current SO I
The Town ofTiburon's current SOl is shown on the attached Exhibit 3. Please note that this
boundary is essentially coterminous with the Tiburon Planning Area boundary. Both include
nearly all unincorporated areas on the Tiburon Peninsula east of U. S. Highway 10 I, including all
of Strawberry, most of Ring Mountain, and all of the Paradise Drive unincorporated areas A
portion of Ring Mountain facing Corte Madera is located within that municipality's SOl, but will
be adjusted during this review to place it in Tiburon' s SOL The area is irrelevant tor planning
purposes as Ring Mountain is set aside as permanent open space.
Current General Plan Policies
The 1989 General Plan, in Goal LU-D, calls for annexation of all unincorporated areas with the
Town ofTiburon SOL These unincorporated areas arc divided into three sub-areas set torth in
Land Use Elemcnt Policies LU-5 through LU-7 (see Exhibit 4).
However, since J 989, there has been a considerable shill in the community and political attitude
toward annexation oCthc entire SOl, Illostly with respect to Strawberry.
e Strawoerry/Eag/e f?()ck/lJav Vista SliD-area
Since adoption of the 1989 General Plan, Strawberry has almost completely "built out", under the
guidance of the Strawbcrry Community Plan, adopted by the Marin County Board of Supervisors
in 1973 and amcnded in 1982. Duc to thc existence of this adopted Community Plan, the Town
ofTiburon's influence over dcvclopment in the Strawberry Area has been negligiblc over the past
30 years. An attempt by the Town to annex the Bay Vista area in 1987 failcd due to lack of
intercst by the property owncrs in that area. More recently. the Strawberry cOlllmunity has
considered (and dropped) discussions regarding annexation to Tiburon, as well as pursuit of
incorporation.
Moreover, in recent years the Tiburon Town Council has indicatcd that annexation of Strawberry
would fundamentally change the character of the Town ofTiburon, as well as impact its ability to
provide services to its existing citizenry. Westward expansion of the Town ofTiburon has been
effectively haltcd by the Town Council since the anncxation of the Cypress Hollow/Rancho
Drive/Barn Road area in 1998.
Marin LAFCO statr is very aware of these trends, and is already considering the deletion of
Strawberry from the Town ofTiburon SOL In such a casc. Strawberry would likely end up in no
municipality's SOl, which is copasetic under LAFCO law.
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With respect to largc undeveloped properties, there arc two sizeablc parcels remaining in the
TfI3U/WN PULV\lVC; COMMISSION
S!>WF /iI,PO/U
.J/2..J/2()()]
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Strawberry area that could yield residential subdivisions (see Exhibit 5). The l7.4-acre Pan-
Pacific Ocean property and the 6. I-acre Oloumi property are both zoned 0.2 units per acre by the
County, but considerably higher densities are possible under the Strawberry Community Plan and
Marin Countywide Plan (up to 1.0 unit per acre for Oloumi and up to I unit per acre or more for
Pan-Pacific).
The Town's options appear to be as follows:
I) Retain the existing Strawberry area SOl boundary
2) Amend the boundary to match the Town's current corporate limits
3) Draw a line somewhere in between Options #1 and 2 above, focusing on a logical
extension of the Tiburon Town limits with respect to provision of Town services
Staff recommends either option 2 or 3, and will provide maps at the meeting showing possible
SOl boundaries.
Paradise Drive Suh-Areas
Both of these sub-areas (Paradise Cay & Vicinity and Paradise Drive Area South of Trestle Glen)
are likely to remain within the Tiburon SOl following LAFCO's review Town Staff believes that
this is appropriate, and recommends no changes to the SO I boundary for these areas.
EXHIBITS
I. List of public agencies included in Marin County SOl update.
2. Criteria to be considered by LAFCO in SOl boundary update.
3. Map showing Town ofTiburon's current SOl and Planning Area boundary.
4. Annexation goals and policies in current Tiburon General Plan
5. Map showing Oloumi and Pac-Pacific Ocean properties.
\scott\soi rcvi~\v 2002.Joc
TIBIJ/WN PLINNlNG CO\/AlfSSION
-I/].J/200]
SiA I'F /w/'o/It
CITIES AND SPECIAL DISTRICTS
INVOLVED IN LAFCO SPHERE OF I",FSUENCS
UPDATE
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Cities:
Districts:
Belvedere
Corte Madera
Fairfax
Larkspur
Mill Valley
Novato
Ross
San Anselmo
San Rafael
Sausalito
Tiburon
Marin Co Resource Cons Dist
Bel Marin I~eys CSD
Marin City CSD
Marinwood CSD
Muir Beach CSD
Tamalpais CSD
Bolinas FPD
Southern Marin FPD
Kentfield FPD
Novato FPD
Sleepy Hollow FPD
Stinson Beach FPD
Tiburon FPD
Sanitarj Dist #1 (Ross Valley)
Sanitary Dist #5 (Tiburon)
Novato Sanitarj District
Almonte San Dlst
Alto San Dist
Homestead Valley San Dist
Las Gallinas Valley San Dist
Richardson Bay San Dlst
Sausalito-Marin City San Dist
Bolinas Community PUD
Inverness PUD
North Mann Water Dist
Marin Municipal Water Dist
Stinson Beach Water Dist
Strawberry Rec Dlst
Marin Health Care Dist
Tamales Village CSD
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ET<-{IBI'I NO.1-
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SPHERE OF INFLUENCE UPDATE CRI7ERIA
Government Code Section 56430
(a) In order to prepare and to update spheres of influence in accordance with section
56425, the commission shall conduct a service review of the municipal services
provided in the county or other appropriate area designated by the commission. The
commission shall include in the area designated for service review the county, the
region, the sub-region, or such other geographic area as is appropriate for an analysis of
the service or services to be reviewed, and shall prepare a written statement of its
determinations with respect to each of the following:
(1) infrastructure needs or deficiencies;
(2) growth and population projections for the affected area;
(3) financing constraints and opportunities;
(4) cost avoidance opportunities;
(5) opportunities for rate restructuring;
(6) opportunities for shared facilities;
(7) government structure options, including advantages and disadvantages of
consolidation or reorganization of service providers;
(8) evaluation of management efficiencies; and
(9) local accountability and governance.
(b) In conducting a service review, the commission shall comprehensively review all of
the agencies that provide the identified service or services within the designated
geographic area.
(c) The commission shall conduct a service review before, or in conjunction with, but no
later than the time it is considering an action to establish a sphere of influence in
accordance with section 56425 or section 56426.5 or to update a sphere of influence
pursuant to section 56425.
(d) Not later than July 1, 2001, the Office of Planning and Research, in consultation with
commissions, the California Association of Local Agency Formation Commissions, and
other local governments, shall prepare guidelines for the service reviews to be
conducted by commissions pursuant to this section.
EXHIBIT NO. J-
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A!.'\jNEXAT ION GOAL
LU-D. To annex all unincorporated areas within the Tiburon
Planning Area in order to provide more unified and coherent
land use policy implementation. The Town supports LAFCO's
dual annexation policy. The maintenance of acceptable
circulation levels of service in presently unincorporated
areas is therefore of considerable importance to the Town.
ANNEXATION POLICIES
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LU-5. Paradise Drive Area South of Trestle Glen.
Annexation of property in this sub-area should be based on
resident/property owner interest, cost/revenue implications
of specific annexation requests, and provision of Town
services to the property. Annexation of property in this
area to the Town should be required prior to the approval of
specific development projects. Annexation requests may be
processed by LAFCO concurrently with development
applications by the Town. Sewer, water and other essential
infrastructure must be available to serve new development by
the time new development is constructed.
LU-6. Paradise Cay & Vicinitv. Annexation of property in
this sub-area should be based on resident/property owner
interest, cost/revenue implications of specific annexation
requests, and provision of Town services to the property.
Total annexation of this sub-area is not anticipated to
occur prior to 1995. At such time as annexation of property
in this area is imminent, the Town should pre-zone the
property consistent with this General Plan.
LU-7. Strawberrv/Eaqle Rock/Bav vista. Annexation of
property in this sub-area should be based on
resident/property owner interest, cost/revenue implications
of specific annexation requests, and provision of Town
services to the property. Total annexation of this sub-area
is not anticipated to occur prior to 1995. At such time as
annexation of property in this area is imminent, the Town
should pre-zone the property consistent with this General
Plan.
LU-S. The Town shall coordinate with LAFCO to study the
current sphere of influence (501) and possibly modify the
501 boundary where inconsistencies occur with the Town's
Planning Area boundary.
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Adopted 9/28/89
LAND USE ELEMENT
PAGE
5
EX-BIBIT NO. Lf-
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DISCUSSION ITEMS
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3.
SPHERE OF INFLUENCE (SOl) UPDATE BY MARIN COUNTY LOCAL
AGENCY FORMATION COMMISSION (LAFCO)
Planning Director Anderson stated that LAFCO has begun its review and update of the sphere of
influence for public agencies in southern Marin, which includes all the .cities and other special
districts. The last time this update was conducted was in the early '80s The current General
Plan Policies call tor annexation of the entire SOl into the Town ofTiburon. These areas include
Strawberry/Eagle Rock/Bay Vista Subarea, Paradise Cay and vicinity area, and south of Trestle
Glen. However, previous discussions about annexing Strawberry to the Town clearly indicated
that not only was thcre a lack of interest on the part of Strawbcrry, but little desire on the part of
the Town of Tiburon to annex Strawberry. LAFCO Stafl is aware of these reccnt events, and is
contcmplating the possibility of deleting Strawberry from Tiburon's SOL
Although at one time there was competition between Tiburon and Mill Valley for fiJture
annexation rights to Strawberry. that has changed Mill Valley is apparently no longcr interested
in annexing Strawberry. There arc still two sizeablc undeveloped rcsidential parcels in
Strawberry. which are designated fex low dcnsity under County zoning However, the
Strawbcrry Community Plan would allow one unit per acre on these parcels.
With rcspect to comments to LAFCO regarding the SOl boundary, the Town's options are I)
retain the existing Strawberry area SOl boundary: 2) amend the boundary to match the Town's
current corporate limits; or 3) establish a revised line somewhere in between. Statl recommends
either option 2 or 3.
In response to a question from Commissioner Smith, Planning Director Anderson agreed that
passage of Proposition 13 has made annexing residential properties a motley-losing endeavor fl1f
communities, based on the shrunken property tax revcnue being outweighed hy the high cost of
providing public services to those properties. In addition. Strawberry is a vcry large area that has
its own history, character, and neighborhoods.
Chair Stcin stated that there arc County policies that encouragc annexation of unincorporated
areas to adjacent municipalities. Planning Director Anderson stated that while this is gencrally
correct, there are exceptions. Those exceptions occur where the County has adopted a
Community Plan for a specitic area. Strawberry has had its own County Community Plan since
1973, and all devclopment since that time has occurrcd consistent with that adopted Community
Plan.
The hearing was opened to public comment.
Scott Hochstrasser. Planning Consultant, commented on the importance of discussing annexation
of Strawbcrry as part of the General Plan Update and the importance ofTiburon giving LAFCO
guidance regarding this matter. Based on the current Gencral Plan policies. annexation of the
Paradise Drive Area south of Trestle Glen Boulevard can only take place if there is
residcnt/property owner interest. consideration of cost/rcvenue implications of specific
annexation requests. and provision of Town services to the property. Thcrefore. in reviewing the
TlI\\;I~()," I'L\~~l~(, C( l~1:-"IJSS1()1\'
\11~t TI':S :--.;(), ~.lX f)I:\l :(,I:S"I' ::::. 21101
EXHIBIT NO.-8-
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cost analysis to annex the area south of Trestle Glen Boulevard, it would not make sense to
annex. Paradise Drive is not a stable road and needs expensive defcrred maintenance.
Annexation of this area would mcan limited revenue and a large liability to the Town ofTiburon.
He suggested that prior to making any recommendations regarding annexation of this area, that
the Town conduct a feasibility study and also inform all potentially affected property owners in
order to allow them to participate in the process.
In response to Chair Stein, Mr. Hochstrasser stated that the policy requiring annexation of the
Paradisc Drive areas was included in the General Plan in 1989. However. he pointed out that
thcre has been very little effort by Marin municipalities to anncx land in their SOl's because.
there is really no tax advantage or benctit The only possible benetit is to control land
development. He indicated that ifTiburon was really interested in annexing these properties off
Paradise Drive, then it should prezone them.
The hearing was closed to public comment.
Chair Stein noted that although multi pic discussions regarding potential impact 01' planning
policies on the non-incorporated areas of Paradise Drive have been held. none have been held lor
the Strawberry area. Additionally. as an individual obsel-vation. he has noticed that some
unincorporated areas many times wished they were incorporateJ \vhcn considerahle
developments have been proposed. i.e., DeSilva Island. While he was quitc aware of recent
Town Council actions with respect to Strawberry. he did not believe that he was in a position to
offer strong recommendations to the Town Council on this issue at this time.
Commissioner Greenberg stated that an area as fully developed as Strawberry should be
incorporated as a separate Illunicipality and be taken out of the SOl of Tiburon Regarding the
Paradise Drive area. she obscrved that this area was an unincorporated island completely
surrounded by the Town of Tiburon. She agreed that annexation of the Paradise Drive area
should be seriously considered, since maintenance and repair of I'aradise Drive is a big issue that
needs to be addressed. The Paradise Drive propcrty owncrs arc spread out and have no
economic base to be able to incorporate. This area should remain in the Tiburon SOl.
Commissioner Snow found that it did not make sense to annex Strawberry. With regards to
Paradise Drive unincorporated areas. he agreed that further consideration should be given with
the public' s involvement.
Commissioner Smith also did not support removing the Paradise Drive areas from Tiburon's
SOl. With regard to Strawberry, he said he t:wored Option 2. or Option J. but did not have
enough information at this time to make a specific recommendation as tll where the linc SOl
should bc drawn.
Chair Stein cllncurred, and agreed with Mr. Hllchstrasser's commcnt that the public should be
involved regardless of whether they are located in the incorporated or unincorpnrated area.
In respllnse to Chair Stcin. Planning Director Anderson stated that the Commission's comments
would be presented to thc Town Council in June when LAFCO makes its presentation. LAFCO
will accept comments and continue with the lengthy SOl update process However, he c1aritied
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that this was not the last opportunity for comment and that once LAFCO has released a draft
report, there will be additional time for review and comment.
ADJOURNMENT
Having no further business, the Commission adjourned at 8:55 p.m.
STEVE STEIN, CHAIR
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRET AR Y
TlUl1RON PL\J'lNING CO,\l~IlSS[O~
6
~II~UTES NO. X4X OF ,\I.'(J!,iST 2::. 200 I
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TOWN OF TIBURON
STAFF REpORT
/3(6)
ITEM NO.
MEETING DATE 6/5/2002
To:
From:
Subject:
MAYOR & MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, PLANNTNG DIRECTOR *
PARADISE DRIVE ANNEXATION REFERRALS FROM LOCAL AGENCY
FORMATION COMMISSION
MAY 29, 2002 ~
ALEX D. MCINTYRE, TOWN MANAGER ~
Datc:
App. By:
BACKGROUND
The Planning Division is in receipt of application referrals from the Marin Local Agency
Formation Commission (LAFCO), involving approximately fifteen (15) properties in the Teaberry
Lane vicinity of Paradise Drive, that are requesting annexation to Sanitary District No.5 without
concurrent annexation to the Town of Tiburon. LAFCO is processing these applications under
its recently-revised Dual Annexation Policy. The revised policy allows cities to comment on the
applications, but gives LAFCO the final decision on whether to require dual annexation or allow
single district annexation. A standard condition of approval lor allowing a single district
annexation is that an Annexation Agreement be reached between the applicant and the
municipality to which the applicant's property would not be annexed at this time.
The primary purpose of this report is to alert the Town Council to the impending receipt of
numerous requests for Annexation Agreements from the subject property owners.
ANALYSIS
The properties seeking annexation to Sanitary District No.5 are listed on Exhibit I and
graphically depicted on Exhibit 2.
In recent years, the Town Council has approved approximately ten such Annexation Agreements.
However, the Town has not faced a situation where so many applications have been tiled
concurrently. Thc proposed installation of a large private sewer line by one Paradise Drive
property owner has resulted in a "piggy-backing" effect by other nearby property owners.
7n3U110N TOIVN COUNCIL
6/5/2002
S7AFFllhPOIIT
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LAFCO will be considering the single district annexation applications at its July meeting. The
Town Council will be receiving several "Annexation Agreements" for consideration in the near _
futurc .,
Town Staff is of the opinion that it would be premature to annex the subject properties into the
Town at this time. All of the properties are far removed from the Town's current corporate
limits, making for inefficient provision of Town services to the properties. However, the
Annexation Agreements should be required as a condition of the single district annexation
approval by LAFCO.
Land use issues will arise from the annexation of these properties to the Sanitary District,
primarily in the form of extensive additions, remodels, and tear-downs to existing residences now
freed from the limitations of outdated septic systems. Town Staff is working with the County of
Marin Staff to increase the sensitivity of project review at the County level to better address
neighborhood character issues as well as mass, bulk, scale and design concerns with new
proposals.
RECOMMENDATION
I. Accept the report.
2. Direct StatTto work with applicants toward completing Annexation Agreements with
the Town
EXIIIBITS
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A. List ofpropcrtics tiling with'LAFCO.
B. Map showing the subject properties.
\sclltt\alll1t.::\ agrccl1lcnl~. Icn,:p(lrt.J(K
TllIUIION TOWN COUNCIl,
S7>WF IIUYJIIT
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Properties Currently Applying to LAFCO
for Annexation to Sanitary District No.5
3312 Paradise Drive
3330 Paradise Drive
3340 Paradise Drive
3348 Paradise Drive
3369 Paradise Drive
Vacant Lot in 3300 Block of Paradise Drive (no address)
4 Teaberry Lane
7 T eaberry Lane
8 T eaberry Lane
9 Teaberry Lane
11 T eaberry Lane
13 Teaberry Lane
14 Teaberry Lane
17 Teaberry Lane
21 Teaberry Lane
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TOWN OF TIBURON
STAFF REPORT
ITEM NO. / cj
MEETING DA Tt: June 5, 2002
To:
From:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
ANN R. DANFORTH, TOWN ATTORNEY
DIANE CRANE IACOPI, TOWN CLERK
OPEN SPACE BALLOT INITIATIVE
May 30, 2002
ALEX MCINTYRE, TOWN MANAGER
Subject:
Date:
Rev. By:
BACKGROUND
On May 7, 2002, the Town Clerk (the Town's elections official) received a Notice of Intent to
Circulate a Petition from members of the Last Chance Committee. The Notice seeks to place an
initiative before the voters that would tighten restrictions for certain open space lands in the
Town.
The Town Attorney prepared the attached ballot title and summary of the initiative, which was
returned to the proponents the following week. They then published their notice of intent and the
ballot title and sllmmary in the Ark Newspaper and began to circulate petitions. The proponents
must obtain valid signatures ofa minimum of 10% (or 543) of the registered voters within the
Town before asking the Council to either adopt the measure or place it on the ballot at the next
regular Town election (which would be in November of2003). If the proponents obtain 15% (or
815) of the registered voters within the Town, the Council must either adopt the measure or call a
special election.
The attached calendar shows certain deadlines that the proponents and Town must meet in order
to have the initiative appear on the November 5, 2002 ballot. Note that timeline assumes that a
minimum of 15% of the Town's registered voters sign the petition. If the proponents secure
more than 10% but less than 15%, the Council would place the measure on the November, 2003
ballot.
RYTEBIT N~} C
OPEN SPACE INITIATIVE STAFF RPT.uoc
Staff Report
6/5/2IJIJ2
1
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ANAL YSIS
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1. Processinl! of the Initiative Petition.
Pursuant to California Elections Code Section 9212, the Town Council can ask Staff to prepare a
report on any or all of the following impacts on the Town of the proposed initiative: .
I. Its fiscal impact;
2. Its effect on the General Plan (including the housing element), and the consistency
between planning and zoning, and the limitations on Town actions;
3. Its effect on the use ofland, the locations and availability of housing, and the ability of
the Town to meet its regionaL housing needs.
4. Its impact on funding for infrastructure of all types, including transportation, schools,
parks and open space. The report may also discuss whcther the measure would be likely
to result in increased infrastructure costs or savings, including ongoing maintenance, to
current residents and businesses.
5. Its impact on the community's ability to attract and retain business and employment.
6. Its impact on the uses of vacant parcels of land.
7. Its impact on agricultural lands. open space, traftic congestions, existing business
districts, and developed areas designated f()r revitalization.
8. Any other matters the legislative body requests to bc in the report.
The Council may request the initiative report during thc circulation of the petition or betorc e
taking action on the proposed initiative. We discuss issues relating to the timing of this request
bclow. Statr must prcsent the initiative report to the Council no later than 30 days afler the
elections official (County Registrar of Voters) certifies thc sufficiency of the petition.
The proponents have 180 days to obtain the signatures of at least 10% of the registered voters in
the Town. After the proponents have finished circulating the petition tor signatures, they file the
petition with the Town Clcrk. If the petition docs not contain a sufficient number:no. further
action is taken. If the petition contains the signatures of at least 10% of the registcred voters in
the Town, the Clerk must forward the petition to the Council at its next regular meeting, together
with a certitication of sufficiency.
When the petition comes before the Council with thc Town Clerk's eertitieate of sufficiency. the
Council essentially has three options. It can request the initiative report described above, if it has
not already done so. Otherwise, it must adopt the initiative measure without change! or place thc
measure on the ballot. If the Council requests the initiative report at this time, it must take one of
the other two actions afler receiving the report. If the Council dccidcs to place the mcasure on
the ballot. it must do so on the next regular Town clcction (which would be November of2003,
I There is somL: ~ucstion as to whether the California Environmental Quality Act requires the Town to conduct
cnvironmchtal re'view of the ~easure before the Council adopts it. We will Jiscuss this issue with the Council when
the petition is returned to the Council with a certification ofsutliciency.
OPEN SPACE INITIATIVE STAFF RPl:Joc
SIalIReporl
6/5/]()()]
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unless the petition was signed by 15% or more of the Town's registered votes. In the latter case,
the Council must call a special election to be held not less than 88 days or more than 103 days2
If the Council makes this order on or betore August 7, 2002, the special election could be
consolidated with the next regular County-wide election on November 5, 2002, at considerable
savings to the Town.
2. Timin!! Issues Relatin!! to the Initiative Report.
We assume for purposes of discussion that the Council will want staff to prepare and present the
initiative report before it decides whether to adopt the measure or place it on the ballot. As noted
above, the Council may do that during the circulation period or when the Town Clerk prescnts
thc petition with the certificate of sut1iciency.
The chief virtue of requesting the initiative report now is to facilitate prompt disposition of the
petition. If the measure is to be placed before the voters, the most economical time to place it on
the ballot would be either at the Town's ncxt rcgular election in November of2003 or at special
election consolidated with thc next County election on Novembcr 5, 2002. Ifthc proponents
obtain valid signaturcs of at least 15% of the Town's voters, thc Council will not have the option
of waiting until November 01'2003. It will have to order a special election. If it does not make
this order by August 7, 2002, the Town will not have thc option of consolidating with the
November 5, 2002, elcction, but will have to pay tor a separate election. Thc estimated cost of
consolidating with the County on the November 5, 2002 election is $1.00 - $1.25 per voter, or
$5,434 - $6,793. A special election could raise the cost to between $5.00 and $6.00 per voter, or
$27,170 - $32,604.
The initiativc report will take 30 days to prepare. If the Council waits to request the report until
the petition is presented with the certificate of sufficiency, the presentation of the report might
occur too late for the Council to order a special election consolidated with the November 5'11
election. To avoid the additional expense of a separate election, Council may wish to order that
statl' prepare the initiative report during circulation.
Wc should point out a potential downside of ordering the report at this time. We have assumed
for the purposes of this report that the proponents will be able to obtain the necessary signatures
during the l80-day circulation period. However. it is possible that they will not be successful, or
that they will not gain the necessary 15% in time for the Council to place the measure on the
November 5, 2002, ballot. Givcn that prcparation of the initiative report will consume
considerable staff rcsourccs, thc Council may wish to wait until the proponents have gathercd the
necessary signatures.
2 If calling a Special Election in this time frame would result in holding more than one special election with in six
months of a special election. the datc may be moved to a later date. This is unlikely to be an issuc here.
OPEN SPACE INITIATIVE ST.,IFF RPT.doc
Stal/Report
6/5/2002
3
RECOMMENDA nON
The Council should consider whether to request a report on thc proposed ballot initiative at this
time or defer the decision to a later date. If the Council decides to order the report and this time,
it should instruct staff on the matters it wishes staff to address in the report.
EXHIBITS
. Ballot Title and Summary
. November 5, 2002 Election Calendar
OPEN SPACE INITIATIVE S'/:'/FF RPTdoc
Sial! Report
6/5/2002
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TOWN OF TIBURON
MEMORANDUM
~ g~g~Wg ~
MAY 1 5 2002
To: DIANE CRANE TACOPI, TOWN CLERK
From: ANN R. DANFORTH, TOWN ATTORNEY
Subject: LAST CHANCE COMMITTEE INITIATIVE
TOWN CLERK
TOWN OF TIBURON
Date:
May 15,2002
Pursuant to Section 9203 ofthe Government Code, I have prepared the following title and summary
for the subject petition:
AN INITIATIVE DEFINING "PRIME OPEN SPACE" AS LAND MEETING
SPECIFIED CRITERIA AND PROHIBITING DEVELOPMENT OF SUCH
LAND UNLESS NECESSARY TO A VOID ENVIRONMENTAL IMPACTS,
TO AVOID AN UNCONSTITUTIONAL TAKING, OR TO ALLOW
AFFORDABLE HOUSING
Summa)'\'
The Tiburon General Plan Open Space & Conservation Element encourages the protection of prime
open space to the maximum cxtent fcasible. The proposed initiative would amend thc Town's
General Plan to more precisely define "prime open space" and prohibit any development of prime
open space land, subjcet to limited exceptions.
The proposcd initiative defines as prime open space any portion of any parcel dcpicted in the current
General Plan as "potential open space" (Diagram OSC-3) that meets any of the following criteria:
L within 150 horizontal feet, or 50 vertical feet, of either side of Tiburon Ridge; or
2. within 100 horizontal feet of either side of any ridge, other than Tiburon Ridge, that is
identified on the Town's Significant Ridgelines Map; or
3. within 30 vertical feet of any ridge, othcr than Tiburon Ridge, identified on the Town's
Significant Ridgclines Map (limited to 150 horizontal feet or less in either direction); or
4. with slopcs exceeding 40%; or
5. within the I OO-year flood zone; or
6. containing jurisdictional wetlands or other jurisdictional waters; or
7. within 100 feet from (a) the top of the bank of any permanent water body; (b) the top of the
bank of any perennial or intcrmittcnt natural watercourse; or ( c) the edge of any ephemeral
watercourse or drainage way meeting specified criteria; or
8. with significant habitat for special-status species, as defined by the initiative; or
9. with sensitive plant species, as defined by the initiative; or
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10. with significant woodland stands, as defined by the initiative.
This initiative would prohibit the Town from approving any development of prime open space lands
except after a vote of the people or where the Council determines that an exception is necessary to:
1. Avoid adverse environmental impacts (requires minimum of four-fifths Council vote);
2. Avoid an unconstitutional taking;
3. Comply with state laws governing the provision of affordable housing; or
4. Provide access to the non-prime open space portions of a parcel.
With respect to the second exception, the Council would eonsidcr a variety of spceified economic
factors; could allow only as much development as necessary to avoid an unconstitutional taking; and
would try to locate such development on the portion of the property with the lowest open space
value.
The initiative would not apply to (I) any application limited to a single residencc on a legal parcel that
was previously both within the Town and recorded as a separate parcel; or (2) any development
project or activity that has obtained vested rights as of the effective date of the initiative.
Any changes to the requirements and policies of the initiative would require a vote of the people until
December 31,2022. Thereafter, the Town Council would be able to adopt amendments found to be
in the public interest.
* * * * *
Pleasc provide this Title and Summary to the initiativc's proponents for their use.
.... ,,;:,~:;~>;:~i~?
Ann R. Danforth, Town Attorncy
ec: Mayor and Town Council
Alex McIntyre, Town Manager
Scott Anderson, Planning Director
2
.;;
e
e
e
.....
DRAFT CALENDAR
.....
This is a "fast-trackcd" calcndar bascd upon the assumption that the proponents
of the ballot measure desire for it to appear on thc Novcmbcr 2002 ballot.
The proponcnts actually have 180 days, i.e. six (6) months in which to circulatc thc pctition.
May 7 -
Town Clerk receives Notice of Intent (~9202)
May 7 -
Clerk delivers Notice of Intent to Town Attorney. (~9203a)
May 7 -
May 22 -
Within 15 days, Town Attorney delivers Title and Summary to the Clerk
who then delivers the Title and Summary to Proponents. (~9203b)
May 22 -
June 1 -
Proponents shall, prior to circulation of the petition and within 10 days
after the date of publication, publish the Notice of Intent with the Title and
Summary and file proof of publication with the Clerk. (~9206)
June 1 - Circulation of petitions (180 days from the date of receipt of the title and
summary). (~9208)
June 26 - Proponents submit petition with signatures, which are then submitted, to the
Registrar's office for verification. (~9211)
August 5 - Registrar certifies results to Town Clerk within 30 days of receipt of petition -
excluding Saturdays, Sundays & holidays. Town Council may direct Staff to
write a fiscal impact statement for this measure during the circulation of the
petition. (~9212)
August 7 - Town Council to adopt or to finalize resolution calling election. (~9214, 9215)
August 9 - Last day for Registrar to receive resolution calling election from the Town
Council. (~1 0403)
Disclaimer:
This calendar was developed in an effort to provide answers to questions you asked
concerning municipal initiatives dates. The contents and any legal interpretations
contained herein are not to be relied upon as being correct either factually or as legal
opinion. Reliance on the content without prior submission to and approval of your
appropriate legal counsel is at the reader's risk.
~
;J
TOWN OF TIBURON
STAFF REPORT
From:
MAYOR AND MEMBERS OF THE TOWNiNCIL '
ALEX D. MciNTYRE, TOWN MANAGER
HEIDI McVEIGH, ADMINISTRATIVE SERVI SDIRECTOR-id--
To:
Subject: COMPENSATION ADJUSTMENTS
Date: JUNE 5, 2002
The Budget is balanced, as proposed and includes a $350,000 General Fund Operating
Surplus. It does not include pay raises for employees, except those provided for in their
MOU.
I propose 2 position changes, both in the Community Development Department.
1. Scott Anderson's position of Planning Director is a misnomer. He is functionally
the Community Development Director. We even refer to the Department as the
Community Development Department. When we corrected salaries last year for
Department heads, his position was omitted.
I recommend that he be re-titled to Community Development Director and that
his salary range be adjusted to the average of the survey cities. Total impact
would be an equity adjustment of 9% to the range.
Total Anticipated Cost = Not to exceed $6,000.
2. We have a Records Management Clerk who has worked for the Town since
1994. He has been instrumental in the Building & Planning Records
maintenance as well as the PT Win (Permit Tracking) software implementation.
He has not had a salary adjustment since 1998.
I recommend that the position of Records Management Clerk be established with
a monthly salary range $2,600 to $3400.
Total Anticipate Cost = Not to exceed $2,000
"
.'
Town Council
June 5, 2002
Page 2 of 3
I also recommend some across-the-board changes.
3. For functionality, I propose to have the Town Clerk report to the Administrative
Services Director.
Total Anticipate Cost = $0
4. Given the uncertainty of the State budget and its impact on the Town, I have
concerns about providing any dramatic pay increases to staff, then having to
make a more difficult decision in January once the State has decided how to
balance its budget. However, I would like to keep the Town competitive with
other agencies. From what I have learned from the other cities in Marin, most
are granting pay increases.
This is somewhat convoluted, since CPI for April 2001- April 2002 is 2.2% for the
greater bay area. The TPA is guaranteed a 3% increase and, while not yet
finalized, the MAPE finds itself facing at least that much increase. I would
recommend that the Town Council authorize that each salary range for the
Management and Mid-managementlnon-represented employees be increased
by 3%. Salary increases, however, will be held in abeyance pending the
production of a State budget and whatever impact it might have on the Town.
Any actual salary increases earned for these employees will be granted effective
January 1, 2003. At that that time however, if the State takeaway is in excess of
the published Operating Surplus published in the final budget document, then
salaries will be granted effective January 1, 2003. If the State takeaway is less
than the Operating Surplus, then the pay increases will be granted retroactively
to July 1, 2002.
In addition, since health insurance rates are not scheduled to change until
January 1, 2003, I would recommend that we hold off on any increase in
contribution to the Cafeteria Plan until that time. It is important to note however
that the Town has been notified that health insurance costs are projected to
increase on average 25%.
Total Anticipate Cost = Not to exceed $60,000 - Full Year Pay Adjustment
-or-
Total Anticipate Cost = Not to exceed $30,000 - Half-Year Pay Adjustment
~.
"
Town Council
June 5, 2002
Page 3 of 3
5. Finally, in lieu of pay increases that the staff might forego, I would suggest that
the Town Council award a one-time additional paid day off. My suggestion
would be that the Town convert the current Veteran's Day holiday into the week
between Christmas and New Years. With an additional holiday granted during
that week, the Town could shut down operations between the holidays.
Effectively, that is what occurs anyway. Productivity is at an all-time low during
this period.
Mechanically, there are 3 work days between the holidays. The Town would
furlough employees for 2 days, but allow the employee to use one paid day off
as well as one vacation day. Veteran's Day would cover the 3'd, day.
Proposed Schedule
Tuesday, December24,2002
Wednesday, December 25,2002
Thursday December 26, 2002
Friday, December 27,2002
Monday, December 30,2002
Tuesday, December 31,2002
Wednesday, January 1, 2003
Christmas Eve Holiday
Christmas Day Holiday
Veteran's Day observance
Furlough Day #1 (additional day off)
Furlough Day #2 (vacation day)
New Years Eve Holiday
New Years Day Holiday
Total Anticipate Cost = Approximately $5,500
Recommendation
It is recommended that the Town Council approve the above for incorporation irito the
Final Budget.
,",j
'}
TOWN OF TIBURON
STAFF REPORT
From:
MAYOR AND MEMBERS OF THE TOWNiNCIL
ALEX D. MciNTYRE, TOWN MANAGER
HEIDI McVEIGH, ADMINISTRATIVE SERVI SDIRECTOR~
To:
Subject: COMPENSATION ADJUSTMENTS
Date: JUNE 5, 2002
The Budget is balanced, as proposed and includes a $350,000 General Fund Operating
Surplus. It does not include pay raises for employees, except those provided for in their
MOU.
I propose 2 position changes, both in the Community Development Department.
1. Scott Anderson's position of Planning Director is a misnomer. He is functionally
the Community Development Director. We even refer to the Department as the.
Community Development Department. When we corrected salaries last year for
Department heads, his position was omitted.
I recommend that he be re-titled to Community Development Director and that
his salary range be adjusted to the average of the survey cities. Total impact
would be an equity adjustment of 9% to the range.
Total Anticipated Cost = Not to exceed $6,000.
2. We have a Records Management Clerk who has worked for the Town since
1994, He has been instrumental in the Building & Planning Records
maintenance as well as the PT Win (Permit Tracking) software implementation.
He has not had a salary adjustment since 1998.
I recommend that the position of Records Management Clerk be established with
a monthly salary range $2,600 to $3400. .
Total Anticipate Cost = Not to exceed $2,000
'"
~;
Town Council
June 5, 2002
Page 2 of 3
I also recommend some across-the-board changes.
3. For functionality, I propose to have the Town Clerk report to the Administrative
SerVices Director. .
Total Anticipate Cost = $0
4. Given the uncertainty of the State budget and its impact on the Town, I have
concerns about providing any dramatic pay increases to staff, then having to
make a more difficult decision in January once the State has decided how to
balance its budget. However, I would like to keep the Town competitive with
other agencies. From what I have learned from the other cities in Marin, most
are granting pay increases.
This is somewhat convoluted, since CPI for April 2001- April 2002 is 2.2% for the
greater bay area. The TPA is guaranteed a 3% increase and, while not yet
finalized, the MAPE finds itself facing at least that much increase. I would
recommend that the Town Council authorize that each salary range for the
Management and Mid-managementlnon-represented employees be increased
by 3%. Salary increases, however, will be held in abeyance pending the
production of a State budget and whatever impact it might have on the Town.
Any actual salary increases earned for these employees will be granted effective
January 1, 2003. At that that time however, if the State takeaway is in excess of
the published Operating Surplus published in the final budget document, then
salaries will be granted effective January 1, 2003. If the State takeaway is less
than the Operating Surplus, then the pay increases will be granted retroactively
to July 1, 2002.
In addition, since health insurance rates are not scheduled to change until
January 1, 2003, I would recommend that we hold off on any increase in
contribution to the Cafeteria Plan until that time. It is important to note however
that the Town has been notified that health insurance costs are projected to
increase on average 25%.
Total Anticipate Cost = Not to exceed $60,000 - Full Year Pay Adjustment
-or-
Total Anticipate Cost = Not to exceed $30,000 - Half-Year Pay Adjustment
0/
.
:'
~
Town Council
June 5, 2002
Page 3 of 3
5. Finally, in lieu of pay increases that the staff might forego, I would suggest that
the Town Council award a one-time additional paid day off. My suggestion
would be that the Town convert the current Veteran's Day holiday into the week
between Christmas and New Years. With an additional holiday granted during
that week, the Town could shut down operations between the holidays.
Effectively, that is what occurs anyway. Productivity is at an all-time low during
this period.
Mechanically, there are 3 work days between the holidays. The Town would
furlough employees for 2 days, but allow the employee to use one paid day off
as well as one vacation day. Veteran's Day would cover the 3'd day.
Proposed Schedule
Tuesday, December 24, 2002
Wednesday, December 25,2002
Thursday December 26, 2002
Friday, December 27,2002
Monday, December 30, 2002
Tuesday, December31,2002
Wednesday, January 1, 2003
Christmas Eve Holiday
Christmas Day Holiday
Veteran's Day observance
Furlough Day #1 (additional day off)
Furlough Day #2 (vacation day)
New Years Eve Holiday
New Years Day Holiday
Total Anticipate Cost = Approximately $5,500
Recommendation
It is recommended that the Town Council approve the above for incorporation into the
Final Budget.