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Home My WebLink AboutTC Agd Pkt 2004-10-20 ., " . . . I )lAf7:~ TOWN OF TIBURON Regular Meeting Town Council Charnbers 1505 Tiburon Boulevard Tiburon, CA 94920 October 20, 2004 6:00 PM - Closed Session 7:30 PM - Meeting ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435-7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.cLtiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative fonnats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLlC'HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town -Council agenda. ~ , . Agenda - Town Council Meeting October 20, 2004 Page 2 of 4 AGENDA CLOSED SESSION Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a closed session. More specific information regarding this meeting is indicated below: CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(c)) Initiation of Litigation - Case name withheld because disclosure would jeopardize existing settlement negotiations PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957) Title: Town Manager Town Attorney CALL TO ORDER AND ROLL CALL . Councilmember Gram. Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks . ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now. Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda. Matters requiring action will be referred to the appropriate Commission. Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please limit vour comments to no more than three (3) minutes. PRESENTATION . Jt. Recreation Department Annual Report - Priscilla Tripp, Committee Chair 1'\ , . . . Agenda - Town Council Meeting October 20, 2004 Page 3 of 4 CONSENT CALENDAR 1. Approval of Town Council Minutes - October 6, 2004 2. Approval of Town CouncU Minutes - October 9, 2004 3. Recommendation by Chief of Police - COPS Spending Program FY 2004-05 a) A Resolution of the Town Council of the Town of Tiburon Approving the COPS Spending Program for FY 2004-05 4. Recommendation by Planning Manager - Appeal of Design Review Board Decision to Deny a Site Plan and Architectural Review Application to Modify Previously Approved Plans to Legalize Construction of an As-Built Addition to an Existing Single-Family Dwelling Property Address: 100 Lyford Drive Applicants/Appellants: Fred and Rhonda Soofer Assessor Parcel No.: 58-222-14 . a) A Resolution of the Town Council of the Town of Tiburon Upholding the Appeal of Fred and Rhonda Soofer 5. Recommendation by Town Manager - Approve Funding for Public Fountain Project Artist Stipends 6. Recommendation by Town Manager - Budget Authorization and Amendment for alternate MERA Site Test REGULAR AGENDA 7. Recommendation by Director of Public WorksfTown Engineer - Proposed Undergrounding of Utilities District - Accept Petitions and Boundary Map a) A Resolution of the Town Council of the Town of Tiburon of Intention to Make Acquisitions and Improvements- "Hawthorne Terrace/Pilgrim Heights Undergrounding of Utilities Assessment District" COUNCIL. COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - October 8, 2004 Town Council Weekly Digest - October 15, 2004 ADJOURNMENT . Agenda - Town Council Meeting October 20,2004 Page 4 of 4 FUTURE MEETINGS & AGENDA ITEMS - Note: These items are tentative until thev aooear on the final aoenda . . . . . . . . . . . . . . . . . . . . Precise Plan Amendment - Expansion of Building Envelope at 4 Indian Rock - (November 3) Design Review Board Appeal of Site Plan and Architectural Reivew for Construction of a Single Family Dwelling at 79 Round Hill Road - (November 3) Transfer of Reserves FY 2004-05 - (November 3) FY 2003-04 Audit Report and Adoption - (November 17) Lyford Cove Undergrounding District - Public Hearing and Ballot Tabulation - (November 17) Tiburon Police Association Contract - (November 17) Election of MayorlVice Mayor - (December 1) Town Holiday Party - (December 15) Annual Meeting of Tiburon Redevelopment Agency 3"' Quarter FY Budget Report Tiburon Glen Precise Development Plan Soda LLC - Waiver of Annexation Agreement Revised Street Impact Fee Schedule Raccoon Lane Undergrounding Project - Reaffirm Resolution of Intention Proposed Erosion and Siltation Control Ordinance County-wide Services JPA Adoption of Updated Personnel Rules and Regulations Trestle Glen Bike and Pedestrian Path Improvements - Plans and Specifications .~ . . . IlF~ 4, I TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fredenz:c a1fedth~-re~geeting ofthe Tiburon Town Council to order at 7:30 p.m. on Wednesda ,October 6,200.4; in T wn Council Chambers, ]505 Tiburon Bou]evard, Tiburon, California. _ __.___ ROLL CALL PRESENT: COUNC]LMEMBERS: Berger, Fredericks, Gram, S]avitz, Smith PRESENT: EX OFF]CIO: Town Manager McIntyre, Town Attorney Danforth, Director of C;ornmunity Development Anderson, Director ofPub]ic WorkslTown Engineer Echo]s, Administrative/Financial Ana]yst Stott, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Claim No. E200405A0326-00-se\37 AA404490 CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(c)) Initiation of Litigation - Case name withheld because disclosure would jeopardize existing settlement negotiations ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Fredericks said that no action was taken on the items discussed in closed session. ORAL COMMUNICATIONS Betty Girt]er, ]] Linda Vista A venue, asked the Council to consider adopting an ordinance that would limit the time to complete building projects. She described a project which was a source of great irritation to the neighborhood (due to traffic, noise, etc.) that had been going on for a number of years and said that the current permit would not expire until March of 2005. Town Council Minutes # 19-2004 Page 1 October 6, 2004 ~ Vice Mayor Berger asked Mrs. Girtler if she was familiar with the Belvedere ordinance, and also . if she had a specific time limit in mind. Mrs. Girder said that she thought that no more than two years should be the limit. PRESENTATION Statewide Initiative Proposition IA - Amy O'Gorman, League of California Cities Ms. O'Gorman asked the Council to adopt a resolution in support ofthe bi-partisan agreement between the Governor and the League of California Cities that would offer long-term protection from State "take-aways" in future in exchange for a specific limited contribution (by the cities) over the next two years. She said that this was an opportunity for true fiscal reform. Ms. O'Gorman said that the Town of Tiburon had lost $5.6 million to the State since 1992, and that the County of Marin had lost $266 million in property tax revenues that had been lost to the State. She said that the success of the proposition would require the State, beginning in 2006, to fund any shortfalls in the VLF backfill, and would allow the Town (and County) to suspend all state-mandated programs (if not fully funded by the State). She said that the Town's total contribution would be $148,000 for two years. In response to a question form Vice Mayor Berger, Ms. Or'Gorman said that any shortfalls in the backfill would be paid back with interest, within three years. . . Mayor Fredericks adjourned the meeting temporarily and, as citizen Fredericks, presented Ms. O'Gorman with a check for $1,000 in support of Proposition lA. Ms. Fredericks urged tlie Council to also contribute to the campaign, stating that she had lobbied for two years with the League of California Cities in support of the proposition. Mayor Fredericks then reconvened the meeting. CONSENT CALENDAR 1. Approval of Town Council Minutes - September ]5, 2004 2. Approval of Town Council Minutes - September 29,2004 3. Recommendation by Director of Administrative Services - Adopt Town Investment Summary for AU!,'Ilst 2004 4. Recommendation by Town Clerk - Ratification of Reed Union School District. Appointment of Library Board Liaison Town Council Minutes # 19-211114 Octoher 6, 20114 Page 2 . ~' . . . . 5. Recommendation by Town Manager - Support for Local Government Agreement Proposition lA a) A Resolution of the Town Council of the Town ofTiburon In Support of Statewide Proposition IA 6. Recommendation by Town Manager - Support for Measure A - "Transportation Authority of Marin Transactions and Use Tax Ordinance" a) A Resolution of the Town Council of the Town ofTiburon Supporting Measure A on the November 2, 2004 Ballot- "Transportation Authority of Marin Transactions and Use Tax Ordinance" 7. Recommendation by Town Manager - Resolution Commending Belvedere- Tiburon Joint Recreation Committee Director Barbara Creamer Upon Her Retirement for 15 Years of Outstanding Service to the Community 8. Recommendation by Planning Manager - Request by Marin County Department of Public Works for Fee Waiver to Install Fence at Pamela Court Pump Station Site 9. Recommendation by Director of Community Development - Approval of Future Annexation Al,'Teement Property Address: Owners: Assessor Parcel No. 3535 Paradise Drive Young & Hartnett Trust 58-032-08 MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. I through 9, above. Slavitz, seconded by Gram AYES: Unanimous PUBLIC HEARING 10. Report by Planning Manager - Appeal of Design Review Board Decision to Deny a Site Plan and Architectural Review Application to ModifY Previously Approved Plans to Legalize Construction of an As-Built Addition to an Existing Single-Family Dwelling Property Address: Applicants/Appellants: Assessor Parcel No.: 100 Lyford Drive Fred and Rhonda Soofer 58-222-14 Town Council Minutes # 19-2004 October 0, 2(1)4 Page 3 t Planning Manager Watrous gave the report, stating that five previous applications for . modifications to thc project had been reviewed and approvcd by thc Town. However, Mr. Watrous said that in July, the Dcsign Rcvicw Board had denied the application in question, this time for submittal of "as-built" plans that would have legalized construction of an addition to the property, with a floor area exception. Mr. Watrous reviewed the grounds of the timcly appeal that was filed by the Applicants/Appellants, Fred and Rhonda Soofer, and commented briefly about each item. He stated that the Board had acted in accordance with the Town's guidelines with regard to floor area ratios which "discouraged overbuilding of property" in denying the application and he recommended that the Council deny the appeal. Prior to opening the appeal hcaring, Mayor Fredericks asked Staff whether any of the additions had incrcascd the footprint of the house. The Planning Manager answered affirmatively, but noted that the application on appeal was for a space beneath a dcck that had already expanded the footprint of the house. Mayor Fredericks opened the public hearing. Fred Soofer, Applicant/Appellant, gave the Council a lengthy history of the remodel project at ] 00 Lyford Drive. He stated that he and his family had lived there since 1978. He said that hc had appeared before the Design Review Board six times since 1999 and that he respectcd thc process. He admitted that the plans for the arca in qucstion had changed many times since the remodel project began. . In response to a question from Vice Mayor Berger, Mr. Soofer said that the area in question was originally intended to be for storage and that it was to be enclosed, with no windows. Vice Mayor Berger asked why the windows now looked different from what appeared in the approved plans. Mr. Soofer said that they had been placed differently at the recommendation of the window representative, but with the same total square foot coverage. Mr. Soofer admitted that once the window was placed in the area in question, a bathroom had also been built into the space. He said he had spoken with Planner Brian Lynch about the addition, who was quoted as saying he would "have no problem with" the design if it received Building Department approval. Mr. Sooter said that he then contacted the Building Department Official who recommended that Soofer submit "as-built" plans for the existing room and have them reviewed for approval through the planning process. Town Council Minutes # 19-2004 October 6, 2004 Page 4 . F . . . Mr. Soofer said that he regretted the "misunderstanding" that had arisen from his as-built application but he denied that there was any deception involved nor any "flaunting" of the process on his part. Furthermore, Mr. Soofer said that [visually] the neighbors liked what he had done to that side of the house and found it to be attractive, In response to a question from Council, Planning Manager Watrous said the approved area was to be fully enclosed, without windows. Couneilmember Slavitz noted that it was also approved without a floor and would have been an "empty shaft." Mr. Soofer disagreed, stating that a floor was part of the approved plans; Vice Mayor Berger looked at the plans and stated that there was no floor. Mr. Soofer stated that his structural engineer said that a floor would act as a platform to support the house above. Couneilmember Slavitz asked why Mr. Soofer had not gone to the Design Review Board for approval ofthis modification to the plans. . Mr. Soofer said that he had gone before the Board many times but was afraid to keep going back. He said that he had worked closely with Planning Manager Watrous and that he had even volunteered to "tear out" the room in question. Mr. Soofer said that Mr. Watrous had advised him to seek DRB approval instead. Councilmember Smith asked if the room had been "discovered" during a field inspection by the Town. Mr. Soofer said no, that he had taken Building Official Bloomquist into the room and showed it to him; that he could just as easily have kept it "hidden" since it had not been noticed during previous inspections. Mr. Soofer asked the Council to approve the as-built room and window, stating that the room would only increase the floor area of his project by 600 feet, while the Desih'll Review Board had approved an increase of2,780 square feet (for another project on Lyford Drive) the same night they had denied his application. Peter Brekhus, attorney representing the Soofers, and author of the appeal, said that it was not true that his client had been "warned" by the Board concerning changes to the plans (and stated that the remark pertained to something on the other side of the building). He said that one DRB member said "they weren't sure what happened" with all the changes that had occurred. Mr. Brekhus said that the "as-built" room did not change the visual style or scale ofthe house and said that it was compatible with the neighborhood, Town Council Minutes # 19-2004 October 6, 2(1)4 Page .5 t Mike Figour, Design Review Boardmember, said that the Board had reviewed three or four iterations of the plans but that he remembered the approvals as being "quite different" from what was actually built. . Figour said that the Board had approved the enclosure of the space beneath thc dcck in ordcr to avoid a visible beam system (from the hillside) that was "quite unattractive." In response to a question from Councilmemher Smith, Mr. Figour said that the Board would not have approved the space ifthey had seen the plans "in their totality," and admitted that they had "lost control as a Board," so that when the final application came in, it was "the straw that broke the camel's back." Councilmember Gram askcd the Planning Manager what would happen if the appcal was denied. Mr. Watrous said that the floor, windows, and any openings into thc space would havc to be rcmoved, along with any improvements (such as plumbing). In response to a question from Mayor Fredericks, Mr. Watrous responded that a common [ORB] remedy to ensure an area was for "storage only" was to approve a substandard ceiling height (such as seven feet). However, in this instance, he said that the floor would havc to he moved up in order to achieve this, and that it could he easily changed back. Mayor Fredericks closed the public hearing. . In its deliberations, thc Council noted the difficulties that arose from approvals of thcsc enclosed spaces within the framework of existing homes that eventually "turned into" other uses. Vice Mayor Berger said there were two warring principles; that the FAR limits were to control mass and bulk of a structure, hut that once an FAR exception was granted to cnclosc such a space, it led to a tendency to "build more." He noted the recent approval of the addition of a room in a housc on Corinthian Island. The Vice Mayor said that the City of Belvedere actually counted "potential volume" as FAR; he suggested that Council take up this issue and add it to the Town's FAR guidelines. With regard to the appeal at hand, Vicc Mayor Berger said that the windows were not "beaming into anyone's bedroom" and that he would vote to allow the Soofers to keep the "minimum amount" of [additional] space and the windows, while not waiving any penalties for an after-the-fact approval. Mayor Fredericks said that the question in her mind was would the total of six applications have heen approved by the Board if they had been brought in at the same time. Town Council Minutes # /9-2()()4 Octoher 6, 2004 Page 6 . . . . She also stated that there were other issues, such as whether the lot was overbuilt, and the increased intensity of usc due to the creation of another room and bathroom. The Mayor noted that the FAR increase was granted not during the original plan approval but during the remodel process; she said she was not sure that this application should be the "test case" for what the Vice Mayor was proposing. Councilmember Smith said that it was "blatantly obvious" what happens with these typcs of [enclosed space] designs; that the "Lego approach" was just "bad land use planning," but that it was a reflcction of a problem with thc process which should be remedied. Smith said that it was too late to get the value [recommended by Berger] out of this project; that any changes to the application would result in a "worse appearance" to the house and that he would vote to uphold the appeal and find a way to stop this kind of thing from happcning again. Councilmember Slavitz said that he too had agonized over the issues presented in the appeal. He said that he al,'I'eed that unused but livable space should be measured in the FAR guidelines; that "incremental permitting" should stop. Slavitz said that he agreed with Councilmember Smith that the room added by the Soofers was "not hurting anyone" but noted the danger in approving such an application if it might tie the hands of future Councils. However, he said it did not make sense to tear out the floor or remove the improvements at this point. Councilmember Gram concurred. He said it made no sense to take out a floor. Gram said that he would like to see this project finished (since it had been in progress since 1999). He also agreed with his fellow Councilmembers of the need to "fix" the greater problem dealing with the floor area calculations of storage or unused areas. Vice Mayor Berger said that it might be possible to mitigate the appearance of thc stucco wall resulting from the enclosure of the space with additional landscaping that could be reviewed by Planning Staff. MOTION: To uphold the appeal; to direct Staff to return to Council with a resolution memorializing the proceedings, with the added condition of approval that a revised landscaping plan be submitted and reviewed by Planning Division Staff to help screen the addition from below. Berger, seconded by Smith AYES: Unanimous Moved: Vote: Town Council Minutes # 19-2004 Octoher 6, 2004 Page 7 11. Recommendation by Planning Manager - Certification of Final Environmental Impact Report for Parente Precise Development Plan . Property Address: Applicant: Owners: Assessor Parcel No.: End of Parente Road and End of Antonette Drive Torn Newton/Planning Advisory Corporation Amcrippon, Inc. 38-1 I 1-16 Planning Manager Watrous gave the report and recommended certification of the FEIR. Mayor Fredericks asked why a final environmental impact report was being certified if it was known that the applicants were planning to modify the project. The Planning Manager replied that the applicants had expressed an intent to makc changes to the proposed project that would result in lessened impacts. He said that the EIR certification was an important point in the process and one where it was important to move forward so that the project could be reviewed on its merits. Mayor Fredericks opened and closed the public hearing. There was no public comment. Councilmember Smith agreed that the applicants had done a good job in addressing the issues of soil stability and acccss since he had rcviewed thc project while sitting on the Planning Commission. . MOTION: Moved: Vote: To adopt Resolution Certifying Parente Project FElR Berger, seconded by Slavitz AYES: Unanimous REGULAR AGENDA 12. Recommendation by Director of Public Worksrrown Engineer - Proposed Solar Panels at Town Hall Dircctor Echols said that Staff was looking for direction from Council on whether it wished to proceed with the installation of solar panels at Town Hall and whether to finance such a project or pay it back over time. He reviewed the latest proposals submitted by Cooperative Community Energy (CCE) and said that based upon the feedback received at the April 7, 2004 Council meeting, a 30 kilowatt systcm was still not recommended hut that further analysis and design of a 23 kilowatt system seemed to be warranted. Town Council Minutes # 19-2004 Octoher 6. 2004 Page 8 . . . . Council heard a brief presentation by representatives of CCE and discussed issues of design, costs and rebate proh'fams. Mayor Fredericks commented that although the panels were not "beautiful," it was not a reason not to install them. Chris Neider, CCE Field Representative, said that unlike other projects undertaken by the Town, this project would actually "put money in the Town's pocket." Councilmembers Slavitz and Gram expressed discomfort at the long "pay pack" period before costs were actually recouped; CCE representatives said that with rising energy costs there really wa.~ no good alternative. They also said the projections presented were "conservative" estimates, in their opinion. In a discussion of warranty and maintenance, Dan Pelligrini, CCE President, said that the panels had a 2S-year warranty but would last for 40 years, and that they would need to be cleaned on a regular basis, which required leaving an 8-inch space along the roofline for someone to walk. Vice Mayor Berger said it would be visually preferable to have the panels come to the edge of the roofline but he understood the reason for leaving a space. Councilmember Slavitz said that it would be nice to see examples of other installations. Councilmcmber Gram asked if any other public agencies in Marin County had similar installations and were told that they did not. Director Echols referred to an exhibit to the Staff report which listed other public agencies throughout the state that had installed solar systems on public buildings. Mayor Fredericks opened the public hearing. John Kern, Stewart Drive, and Hclen Lindqvist, Cazadero Lane, referenced other solar systems in Town, such as the Romberg Center, and asked some additional questions. Mayor Fredericks closed the public hearing. MOTION: To proceed with the design drawings for a 23Kilowatl Solar Panel System for Town Hall (for final approval by Council) and to authorize funding for such project Berger, seconded by Smith AYES: Unanimous Moved: Vote: Town Council Minutes # 19-2004 October 6, 2(1)4 Page 9 , " 13. Recommendation by Dircctor of Public Works/Town Engineer - Desil,,'l1 for Pcrmancnt Restroom Facility at South Knoll Park . Council waived the Staff report. Mayor Frcdcricks opened the public hearing. Helen Lindqvist, POSC member, asked if there would be replacement seating for thc benches and tables that would be removed to make way for the new facility. Dircctor of Public Works/Town Engineer said that thc matter would be discussed and considered at an upcoming Parks and Open Space Commission meeting. Mayor Fredericks closed the public hcaring. MOTION: To approve the design depicted in Exhibit No.5 (without the "trim enhanccmcnts" on the roof) Smith, seconded by Berger AYES: Unanimous Moved: Vote: ] 4. Rccommendation by Dircctor of Community Development - Revised Landslide Mitigation Policy . Council waived the Staff report, noting that most of the information had been presented at a previous hearing. Mayor Fredericks opened and elosed thc public hcaring. The was no public comment. MOTION: Moved: Vote: To adopt the revised policy, as presented. Berger, seconded by Gram AYES: Unanimous 15. Report by Town Manager - Discussions with thc Tiburon Peninsula Club Representatives Concerning Potential Use of Property Town Manager McIntyre gave a briefreport, stating that he had met with TPC General Manager Chris Horn to discuss potential joint uses of a portion ofTPC land (approximately onc acrc) nearcst Mar West Street and the library. One of the suggestions offered by the TPC was for a l,,')'l11nasium; Mr. McIntyre said that it could be "programmable space for a Joint Recreation Department." Town Council Minu.les # /9-2()()4 Octoher 6, 2IJIJ4 Page JIJ . . McIntyre also said that the joint use could be tied to the library expansion program for additional CIVIC uses. Councilmember Smith said that he would "love to try to do a deal," and that the opportunity should be explored. Vice Mayor Berger said that he would like to see a soils test. Councilmember Slavitz wondered whether the joint use would be have to be that particular corner (of the property) but said that some sort of joint use agreement should be explored. Mayor Fredericks said that while the library was developing its "wish list" for its expansion plan, some of the ideas that arose were for a gym with pro/,'Tammable space, a community room whcre people could "hang out," and a coffee bar. Tiburon Peninsula Club General Manager Chris Horn said that he was "intrigued by the possibility" of increasing recreation on the Tiburon Peninsula without duplicating services. He highlighted the fact that there was a Joint Recreation Department (on the peninsula) but no recreation center. . Mr. Horn that his Board would be hearing a similar report in future and most likely form a subcommittee to meet with Town representatives for further discussions. Mayor Fredericks opened the public hearing and agreed that it was an "extraordinary opportunity." During the public hearing, Helen Lindqvist also asked if improvcments could be made to the Mar West Street at the same time. Mayor Fredericks closed the public hearing. Councilmember Gram and Vice Mayor Berger agreed to serve on a Council subcommittee to study the matter further with the Tiburon Peninsula Club. l6. Report and Recommendation from MERA Sub-Committee - Authorize Continued Negotiation and Terms of Proposed Agreement for Substitute Site for Mt. Tiburon . After hearing a presentation from Mt. Tiburon representative/negotiator Barry Lemieux, in which the Town was asked to state its commitment to a cost-sharing arrangement with MERA and the Mt. Tiburon neighbors to relocate the Mt. Tiburon facilities, there was a general consensus that the Town's share might be in the range of $200,000, depending on possible cost savings, such as the re-sale of the Mt. Tiburon equipment to another party, but that other issues, such as indemnification, had to first be resolved prior to entering into a three-party agreement. Town Council Minutes 11/9-2004 October 6, 2004 Page 11 At the suggestion of Co unci 1m em her Slavitz, Council considered the idea of paying the fee for . Motorola to test its facilities at the alternate site, Wolfback Ridge, as a show of support ofthc Town's commitment to work with the other parties to reach an a/,'feemcnt for an alternate site outside of the Town's residential neighborhoods. The neighbors, through their appointed representative, Barry Lemieux, indicated their approval of this idea, with the understanding that they would hire the consultants and manage the work [test]. The negotiating team, consisting of Mayor Fredericks and Vice Mayor Berger, also were given direction to continue to work towards an appropriate a/,'feemcnt with MERA and the Mt. Tiburon neighhors that would address the Town's concerns about cost and liability in relocating the facilities. MOTION: To return to Council with a budget appropriation in an amount not to exceed $25,000 in order to reimhursc the Mt. Tihuron neighbors for moving forward with the test of the Wolfback Ridge site facilities. Fredericks, seconded by Berger AYES: Unanimous Moved: Vote: COUNCIL. COMMITTEE AND COMMISSION REPORTS Town Manager McIntyre reminded the Council of the Homeowner's Summit on October 9 at Town Hall. . WRITTEN COMMUNICATIONS Town Council Weekly Digest - September 17,2004 Town Council Weekly Digest - Septemher 24, 2004 ADJOURNMENT There hcing no further business before the Town Council of the Town ofTiburon, Mayor Fredericks adjourned the regular meeting at II :26 p.m., in memory of Tiburon resident and henefactor, Ed Zelinsky. ALlCE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 1 Y-2()()4 ()eloher 6. 2004 Page /2 . If . . . I~ ;U"Z- TOWN COUNCIL MINUTES Mayor Frederic letkhe..sI!cc'al meeting of the Tiburon Town Council to order at 10:10 a.m, on Saturda, ctober 9, 2004,'i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Slavitz, Smith Gram PRESENT: EX OFFICIO: Town Manager McIntyre WELCOME & INTRODUCTIONS - HOMEOWNER'S SUMMIT . Mayor Alice Fredericks REPORT FROM TOWN COUNCIL/ST AFF Mayor Fredericks, Vice Mayor Berger, and Town Manager McIntyre briefly reviewed the status following items: . Downtown RevitalizationlFriday Nights on Main . Downtown Fountain Project . State Proposition lA (Local Revenue Protection) . Marin Transportation Sales Tax (Measure A) . New Solar Panel Policy . MERA - Questions and Answers . General Plan Update . Tiburon Peninsula Club Expansion Plan . Neighborhood Undergrounding of Utilities Projects SOUTH KNOLL PLAYGROUND IMPROVEMENTS Parks and Open Space Commission fundraising subcommittee members Pamela Bonnie and Derice Tao gave the Council and the public an overview of their efforts to raise enough money to install new playground equipment at South Knoll Park. Town Council Minutes # 20-2004 October 9, 2004 Page 1 " . . . GENERAL CONCERNS OF THE COMMUNITY Karen Nygren, Paseo Mirasol, asked for information on traffic control plans for the Kol Shofar expansion and made some suggestions regarding expanded shuttle service for special events at that location. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Fredericks adjourned the special meeting at 12:30 p.m., to the next regular meeting scheduled for October 20, 2004. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minules # 20-2004 October 9, 2004 Page 2 ~ . . . .. . I .~ ~J?-.LI!'~.J.I ^ ..' l/.' "?.,. .. .., 0 .("" ~. ~~~ ("O\-;:;;,~~ '7\'L~~J...,. ~,,-:;:.~J'O /,(-Q:~" .J'. R"';,A:\tic" '. , . Town of Tiburon STAFF REPORT :; AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ........... TO: MAYOR & MEMBERS OF THE TOWN COUNCIL FROM: MATTHEW C. ODETTO, CHIEF OF POLICE BRIAN M. STOTT, ADMINISTRATIVE & FINANCIAL ANALYST SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (COPS) - PROPOSED UTILIZATION FOR FISCAL YEAR 2004-05 ~ . October 20,2004 REVIEWED BY:~ SUBJECT: MEETING DATE: , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND In 1996, the State of California established the Citizens Options for Public Safety (COPS) Program, In July 2001, the Governor signed Assembly Bill 2885, which extended the COPS Program through January 1, 2005, The COPS program provides local government law enforcement jurisdictions with annual baseline funding in the amount of $100,000 for frontline law enforcement personnel and other related equipment. The COPS program requires the Town Council to adopt a resolution approving its COPS spending plan, On July, 1, 2004, the fund balance in the Tiburon COPS fund was $0 and we anticipate receiving $100,000 in revenues during the fiscal year. The adopted Fiscal Year 2004/05 Budget for the Police COPS program was $106,770, however $6,770 is being funded through the PERS Surplus Asset Fund, while the other $100,000 is being funded with COPS monies. The COPS Program is scheduled to continue through the 2004/05 fiscal year, but due to the uncertainty of the State economy, it is uncertain whether the COPS Program will continue to be fully funded, partially unfunded, or eliminated entirely. Town staff will monitor the COPS funding to determine the likelihood of receiving these funds in the future. Through the budget process next year, staff will present various expenditure scenarios reflecting these alternatives, STAFF REPORT Town of Tiburon . . . . . . . ~ . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. .. . . . . . . . The chart below illustrates the Town's Planned FY 2004/05 COPS Operating Program: Town of Tiburon's Planned FY 2004/05 Ooeratina Proaram Beainnina Fund Balance (Julv 1. 2004) $0 . Revenues - Anticioated SLESF/COPS Allocation $100,000 - PERS Surolus Asset Fund $6,770 Proiected FY 2004/05 Exnenditures - Investiaator's Salaries & Benefits 1$106,770\ Anticioated Endina Fund Balance (June 30. 2005) ($0\ RECOMMENDATION It is recommended that the Town Council approve the COPS spending program and adopt the . attached resolution memorializing these changes. Attachment . October 12, 201 Page 2 of 2 . . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN EXPENDITURE PLAN FOR THE UTILIZATION OF SUPPLEMENT AL LAW ENFORCEMENT FUNDS ("COPS") MONIES RECEIVED FISCAL YEAR 2004-2005 WHEREAS, Assembly Bill 3229, signed into law as Chapter] 34, Statutes of ] 996, establishcd the Citizen's Option for Public Safcty Program (COPS); and WHEREAS, on July 1,2001, the Governor signed Assembly Bill 2885, that extends thc COPS program to January], 2005 and provides local govcrnmentlaw enforcement jurisdictions with an annual baseline funding in the amount of$100,000, for frontline law enforccment personnel and othcr related equipment; and WHEREAS, the Town Council, at a public hearing held annually in October, must approve of a spending plan for the expenditure of COPS; and WHEREAS, the Town Council of the Town of Tiburon, at its rcgular meeting held on June 16,2004, adopted the recommended Police Dcpartment Budgct that included authorization of a COPS-fundcd frontlinc position of Investigator. NOW, THEREFORE, IT BE RESOLVED that the Town Council of the Town of Tiburon approves the proposed and recommendcd use of the COPS funds, and furthcr, that the action to employ additional frontline personnel shall be contingent upon receipt and continuation of baseline funding in the amounts referred to above, This Resolution, which approvcs the recommended plan for the expcnditure of COPS monies, is to be submitted to the County Supplemcntal Law Enforcement Oversight Committee. PASSED AND ADOPTED at a regular meeting ofthc Town Council of the Town ofTiburon on October 20,2004 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ALICE FREDERICKS MAYOR ATTEST: DIANE CRANE IACOPI TOWN CLERK :f . . . Town of Tiburon o I ." ~,9L..LI#,!J ... 0- ~::.~~~: _ r>'\~~<~~.' 1';;ig;~~; .... ~ivIA-M(.' .... , o STAFF REPORT AGENDA ITEM L . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: DANIEL M. WATROUS, PLANNING MANAGER 1 00 LYFORD DRIVE ADOPTION OF RESOLUTION MEMORIALIZING THE GRANTING OF AN APPEAL OF DESIGN REVIEW. BOARD DECISION TO DENY A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE MODIFICATION OF PREVIOUSLY APPROVED PLANS TO LEGALIZE CONSTRUCTION OF AN AS-BUILT ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING, WITH A FLOOR AREA EXC~N , OCTOBER 20, 2004 REVIEWED BY:~ SUBJECT: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUMMARY On October 6,2004, the Town Council held a public hearing on the appeal of the Design Review Board's decision to deny a Site Plan and Architectural Review application to modify previously approved plans to legalize construction of an as-built addition to an existing single- family dwelling on property located at 100 Lyford Drive, with a floor area exception, At that meeting, the Town Council voted (5-0) to direct Staff to prepare a resolution granting the appeal, subject to conditions of approval, The draft resolution has been prepared and is attached, RECOMMENDA nON Adopt the attached resolution granting the appeal. EXHIBITS 1, Draft resolution H: dwatrouslreports/TC703121, appeal2, doc RESOLUTION NO. . A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING AN APPEAL BY FRED AND RHONDA SOOFER OF THE DENIAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR PROPERTY LOCATED AT 100 LYFORD DRIVE WHEREAS, on July 1, 2004, the Design Review Board held a public hearing to consider the approval of a Site Plan and Architectural Review application to modify previously approved plans to legalize construction of an as-built addition to an existing single-family dwelling, with a Floor Area Exception, on property located at 100 Lyford Drive, submitted by Fred and Rhonda Soofer ("Applicants"); and; WHEREAS, after receiving public testimony at that hearing, the Design Review Board determined that the stated justification for the requested floor area was not supported by the facts, as other design solutions are available to provide the necessary structural support for the floor above without creating new or potential floor area, The Design Review Board further determined that the gradual increases in floor area represented by this and the five previous Site Plan and Architectural Review applications associated with this project mask a much larger overall increase in floor area as a series of smaller residential addition. The Design Review Board therefore directed Staff to prepare a resolution denying this application; and WHEREAS, on August 5, 2004, the Design Review Board voted (4-0-1) to adopt Resolution No, 2004-04 denying the Site Plan and Architectural Review application and Floor . Area Exception; and . WHEREAS, on August 16, 2004, the Applicants filed an appeal of the Board's decision; and WHEREAS, on October 6, 2004, the Town Council of the Town of Tiburon held a duly- noticed public hearing on the appeal; during which public testimony was heard regarding the project 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 determined that the proposed addition would not result in unwanted visual impacts on any nearby properties; that the additional floor area would be an appropriate utilization of this enclosed area; and that the visual mass and bulk of the subject addition may be lessened by the installation of adequate landscaping below the building, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon, based on the above findings, grants the appeal and approves the Site Plan and Architectural Review application and Floor Area Exception subject to the following conditions of approval: 1 , This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued, 2, The development of this project shall conform with the application dated by the Town of Tiburon on May 28, 2004, or as amended by these conditions of . TIBURON TOWN COUNCIL RESOLUTION NO, 10120/04 I approval. Any modifications to the plans of May 28, 2004, must be reviewed and approved by the Design Review Board, . 3, Plans submitted to the Building Division for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identifying all such changes when submitted to the Building Division for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans, A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Planning Division Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved, Construction that does not have Planning Division approval is not valid and shall be subject to stop work orders and may require removal, 4, The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. 5, All exterior lighting fixtures must be down light type fixtures, 6, . A revised landscaping plan shall be submitted for review by Planning Division Staff. The plan shall include landscaping that will provide appropriate screening of the visual mass and bulk of the house when viewed from below. The approved landscaping shall be installed prior to issuance of final occupancy approval by the Building Division, . PASSED AND ADOPTED at a regular meeting of the Town Council on October 20, 2004, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. 10/20/04 2 . . . . Town of Tiburon STAFF REPORT AGENDA ITEM ,Z;- . . . . . . . . . . . . . . . . 0.' . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council FROM: Alex D. Mcintyre, Town Manager ~/ SUBJECT: Funding for Public Fountain Project MEETING DATE: October 20, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Town Council formed a sub-committee (Gram and Berger) to design and facilitate the selection and installation of a fountain on the planter site at the corner of Main Street and Tiburon Boulevard. The process includes the payment of a $5,000 stipend to the three "finalist" artists for their designs. The stipend is paid $2,500 in advance and $2,500 once the final model is submitted. While the Town Council has authorized the Town Manager to enter into personal services agreements not exceeding $10,000, it appeared appropriate to have the Town Council ratify these expenditures, The project was budgeted in the 2004-2005 Capital Improvement Program and these stipends would be appropriated from the Downtown Art Project fund which presently has a balance over $21,000. Recommendation It is recommended that the Town Council ratify the appropriation from the Downtown Art Project fund to pay the stipends for the three successful artists competing in the Fountain Project. . Town of Tiburon STAFF REPORT AGENDA ITEM w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUBJECT: Mayor and Members of the Town ~i1, Alex D. Mcintyre, Town Manager~ MERA Reimbursement Authorization and Budget Amendment TO: FROM: MEETING DATE: October 20, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . At its last meeting, the Town Council decided to fund the cost of testing for the proposed alternate MERA Mt. Tiburon site, Specifically, the Town Council agreed to reimburse the Mt. Tiburon neighbors up to $25,000 in costs related to testing of the Wolfback Ridge site, Costs will be reimbursed upon the submission of bona fide paid receipts paid by the Mt. Tiburon neighbors for the testing process, The Town will not be liable for any costs that exceed $25,000 and that are not supported by paid written invoices, The Town Council will need to appropriate $25,000 from the Town's Unallocated General Fund Reserves and amend its 2004-2005 Operating Budget accordingly. . Recommendation It is recommended that the Town Council authorize the Town Manager to reimburse up to $25,000 to the Mt. Tiburon neighbors for costs associated with the testing of Wolfback Ridge as an alternate to the Mt. Tiburon MERA site. It is further recommended that the Town Council appropriate $25,000 from the Town's Unallocated General Fund Reserves and amend its 2004-2005 Operating Budget.' . ;. R).. r' ...: "Ie:' ,.... , i::~"t:",,_d CleT 'I '" "'IJO,; "'" U L, r Tina & Jay Jacobsen 10 Bayshore Terrace Tiburon, CA 94920 r-'L!V--II'.J!:\iU j):\lISiC)hj .i'OI.I\J!\IOf:TIf.',\..Ji"U(.J 19 October 2004 Tiburon Town Council 1505 Tiburon Blvd.. Tiburon, CA 94920 fD) ~~~~W~ rm IIll 0 CT 2 0 2004 ~ RE: Undergrounding of Utilities 'tOWN CLERK :TOWN OF TIBURON Dear Council Members: We reside at 10 Bayshore Terrace. The utility pole at the entrance to Bayshore Terrace serves our home and four others. Power lines extend east from our pole along Tiburon Blvd to Palmer Court and west over our property to McCart Court. Additional lines from our pole cross Tiburon Blvd to another utility pole up the hill. Our pole is an eyesore to all who drive on Tiburon Blvd.. All of the residents on the south side of Tiburon Blvd support the undergrounding of utilities and want to be part an Undergrounding District. Last year we thought we had done so by giving petitions & checks to Kathleen Bailey, Neighborhood Captain for Hawthorne Drive. We recently learned that Kathleen Bailey's group joined the Del Mar Undergrounding District. Our petitions & checks were never turned in and our homes were not included in her group.. ' Last night, our neighbors at 30 Bayshore Terrace gave me their petition & check. When combined with the petitions & checks previously given to Kathleen Bailey, 80% of Bayshore Terrace homeowners have petitioned to join the Undergrounding District. We now have petitions & checks from 50% of the residents served by the four power poles we want removed. A list of those residents and addresses is attached.. We are confident we can bring the number of petitioners above the 60% threshold if given a bit more time. f" We were unfairly dropped from the process which is in the best interest of all Tiburon residents.. Please honor our request that the utility poles and power lines serving Bayshore Terrace, Palmer Court and Sommers Court be included in the "Hawthorne Terrace/Pilgrim Heights Undergrounding of Utilities Assessment District", and allow us an additional 60 days to meet the Town's requirements. We pledge to fulfill all requirements within the shortest possible amount of time. TOWN COUNCIL LA TEMAIL #..L MEETING DATE /0- to -iJ ~. Sincerely yours, Undergrounding of Tiburon Blvd. Utility Poles 19-0ct-04 (Bolded names have written check and signed petition) Homeowners: Tina & Jay Jacobsen Janelle & Steve Brady Mary Jane & Scott Wentz Dr. David Blend Sharlene & Svend Hansen Mark Danforth Lomas Florence & Art Kenney Pat & Dick Collins Olivia & Tom Kress Judy Bell D. McVicker Lynn Sommers Address: 10 Bayshore Terrace 20 Bayshore Terrace 30 Bayshore Terrace 15 Bayshore Terrace 642 Tiburon Blvd 650 Tiburon Blvd 654 Tiburon Blvd 660 Tiburon Blvd 3 Palmer Court 5 Palmer Court 2 Palmer Court 10 Sommers Court " Comment: (Formerly 636 Tiburon Blvd) (Formerly 638 Tiburon Blvd) (Formerly 640 Tiburon Blvd) (Formerly 644 Tiburon Blvd) (Presently For Sale) . .. ----- ; PETITION FOR UNDERGROUNDlNG ASSESSMENT DISTRICT Proposed Undergrounding of all Ulility Services and Elimination of All EXI:~ling Utility Poles and Overhead Wires To: The Tiburon Town Council I, IIWe, the undersigned, arc owners of a property located on Rock Hill Drive, Del Mar Drive, Maravista Court, Hilary Drive, Hawthorne Drive or Tiburon Boulevard, 2, IIWe petition you to undertake special assessment proceedings for a public improvement project, to wit: the proposed undcrgrounding of all utility service in our neighborhood. 3, I/we understand that ifl/we sign this p~lition and do not file a writtcn protest prior to the initial pub'.ic hearing initiating the formal assessment proccss, it will be assumed 'it the time that.i./wc stil~ favor the project, for purposcs of forming the Undergrounding, District. . e _ i\~'~:l:"''1_''.'.:;. ;;:.I:.~:f"'II.""I:I.'j::l"III'I".:l:::r""I'I"" .'..... " . . , Fo,d Financ:!.?!.:.-.._ Ford Money Market Account oA:i 9 OCri)8c~ o~ . ;...J 7D-23821719 I $I~, OOCliii51 _1 _~,.,~....., h<:l~ hpp.n initiated: ,t of project s, " dctailed cost ;t properties. 1002 JAMES H JACOBSeN & ,,___.TINAM...JACoaS~~j JT TEN 'IV a^TSHD~~,TER TIBURON C^ '4'20 -,'j ::::fr"Yji/ir I D W;.1 0 F 7;-5 lAl2iJ JJ U'N. ':zI.M~~/t:!;; TIlE NORTHERNT1lUST COMPANY 0710 ir~or~Ue'l,~~~anhe," Trust aenklOu Peg. A ~UO'52 (tor ACH and Wire Transfersl M'MO U iJiJep.6-A-tJ ~IJ /):r: IJ ~ 1:07 loCJ 2:l8 281: CJO 7 lo :lE.E.8 -COLLARS llliOi?J'."::'" )r in opposition to determined; and that lOts must vote in thc rcsponsible for cc to the new unOergruullu ::'>1;;;1 v 1<....'-' 'H ..._ I~. _ ,. NAME:0AMLS}! ~ Y;AJAMACOi3SftJ DATE:nOC--i26<J3 ADDRESS;O J3A'f5HdRJ~. ]f{RA-Ir0& . PI-lONE: _tt3s - (; I"J.. Z E-MAIL ADDRESS (If' DESIRED): ~H './ fl c b B$G:.AJ (J} Jf/)TI1I't~-4-~COM Ple~se return lo your neighborhood c~ptain, Rod, Hill J),.;vc/l)e! Mar Dri",,: John Kern (435-1 R45) Laul'i1 Rousseau (435-0527) Hilary Drive: Joe Kelkr (435-0444) Don Ring ('I 35-?.ii72) Mara Visla Court: Carol Weiss (435-3099) . Hawthorne Drive/Tihuron Blvd,: Kathleen Baiky (435-0399) Laura Rousseau (435-0527) .~ ,-~, ,j, N ,l1l , PETITION FOR UNDERGROUNDlNG ASSESSMENT DISTRICT Proposed Undergrounding of all Utility Services and Eliminalion of All Existing Utility Poles and Overhead Wires To: The Tiburon Town Council I, IlWe, the undersigned, are owners of a property located on Rock Hill Drive, Del Mar Drive, Maravista Court, Hilary Drive, Hawthorne Drive or Tiburon Boulevard, 2. I/We petition you to undertake special assessment proceedings for a public improvement project, to wit: the proposed undergrounding of all utility service in our neighborhood. 3. I/we understand that ifI/we sign this petition and do not file a written protest prior to the initial, public hearing initiating the formal assessment process, it will be assunlt:d at the time that Ilwe still favor the project, for purpos,.~ of forming the Undergrounding District. 4. I/We fUl1her understand that once the formal process has been initiated: " ' ^ - o_,,:_oor' r~n()rt will be Drepared on the project at the cost of project irJ~~::~:>C:-'~_L_~~~__~''''~=-=-~-~=>L~'='-~''i~1 :; ;r~:~~li:~,cost .,.,1 ,1() SA YSHORE TERRACE' I / !,~I ..,~...JI' T1BURON, CA 'I4Y20 Date (~I /6 I () L/ ;'~~fi~26~ ,,::,~i;.i ~ Pavtflf'h," ~, -r, ~ ----r-- ~' ~ Urderot_, / cJ.-...i'\. ~r /r:' 6lAro-.... $ :;'11.. . 'I ~!.J I t7 (7 0 "0 "j, or 10 OppositIOn to ~ e j,'f-\ "'~<;('~l) + CJ )/00 ' .~'I determined; and that li' Dollars I'D ;:;;:~::.::' ", mts must vote in the \'1 \~ FII~~:'.I' !{U'UHLlC BANr.: '! .4 "~"""'"''''''"'''''' ':Jj "I 'S'''I'''n'''co.CA~IUi 1. ~ Td(41~)J91'JOIe~ _...... "'_ /'~' li For '--- '--....:....---/ -.~ ""'111 responsible for j ~-- /.. L.----y/" . ... ;p."! Ice to the new :i ._ /' :/ .. ._-"., Il' l..".;...~J.~=Il~~,~gv't;.:i.~~DgJD.Q !'1Sll' l.1.B'1 ' ~ ,-."".","'".'"" --:~ .- '-'"""~"""'M'-'1~"""'-='''IW;~''~:i:,~''';~~''''__-~,!'~---;t>tiJl'"",'_:x~."..cr;.~$"~:::~'iiib::,Ail L.UA>IOI^,'~nA<F.T'{ IJLU~ I)F<F101 --- NAME: S<.,,-(-f Ue,,+7 ADDRESS \0 f: f:iIS/rv.-.-L 'Te,'r",-c~ E-MAIL ADDRESS (I DESIRED): / DATE /0 /r8/tJ~ PHONE 'i3~ -(:A4c\ '. :s:.dwe..t~ <2. MS" , C<'>M . Ple3se return to your neighborhood captain, Rock Hill Driveillel Mar Drive: John Kern (435-1845) Laura Rousseau (435-0527) Hih'1' DJ'ive: Joe Keller (435-0444) Don Ping (435-2672) M:iJ'a Vista Cllllrt: Carol Weiss (435-309~) Hawthorne Drive/Ti[)uron Blvd.: Kathleen Bailey (435-0399) Laura Rousseau (435-0527) ';'\ , PETITION FOR UNDERGROUNDING ASSESSMENT DISTRICT Proposed Undergrounding of all Utility Services and Elimination of All Existing Utilily Poles and Overhead Wires To: The Tibllron Town Council I. IIWe, the undersigned, are owners ofa property located on Rock Hill Drive, Del Mar Drive, Maravista Court, Hilary Drive, Hawthorne Drive or Tihuron Boulevard, 2, I/We petition you to undcrtakc special assessment proceedings for a public improvement project, to wit: the proposed undergrounding of all utility servicc in our neighhorhood, . "''''''"'''':I''''''''''~'''",.." '" I."..........'.. -''',..,.,,, ...."", ,.". ""."''',,,.~. :Zi, LAW OFFICES OF' STEVEN J. BRADY GENEI' AL ACCOUNT lOt5 V /If:! STREET SAN HAY.\E.'L. CA 94901 (41;' 459-7:mo BANK OF AMERICA 50 BON AlA CENTER GAEENBRAE, CA 94904 13574 11-35/1210 1 0/14/2003 t-";.~ TO THE ~ ORDEH a~ " ~ ~ Town Of Tiburon $"1,000,00 ~I d and 00/100.............**.**.*"'.....................**............................*..........*.......*................................. DOLLARS MEMO 20 Bayshore, Tiburon - /IZ ~~ '-, "" II' 0 l.':l 5 7 L, II' I: lo 2 lo 0 0 0 :I 58 I: lo b '1 lo '1'" 0 '1 lo L, b II' 6j SECURITY FEATURES INCLUDED. DETAILS ON BACK. [fJ llndergrounding the service connection from his/her residence to the new underground service at the property line, Please return to your neighborhood captain, Rock Hill Drivcrncl Mar I),-i"e: .1ohn Kern (4l5-1 R45) J.,~lllr" ROllsscau (4l5,0527) "'1 I')' , }' 'I ('1'- '411'" I" (I"'. -'("')) nl :IT')' nvc: .Ioe \.(;1 (;;.,' .<I-l)',~ l j i)Ol1 \.liJg.., _~J-,_'>! . M:II'a Visla COlli-I: Carol Weiss (435-3099) Hawthorne Drive/Tihuroll B1"d..: Kathleen Bailey(435-0399) Laura Rousseau (435-0527) , -r,,^- 'f ou.v- \e \-\.ev ~~ yov.- \.....( 'w.c\.lleQ.. '''~ ..VUO'''1 ,,,"U ,,""Uvu '{:)P\~~~\e~1 \i)\..Q~ T.. h~ \:,u.~ ~\~-t~ iT~'r"l2 ], IIWe, the undersigned, are owners ofa property located on Rock Hill Drive, Del Ma~ Drive, Maravista Court Hilary Drive, l-Iawthome Drive or Tiburon Boulevard, 390 l.AIJRCL 51",I:I;T, 5UITE 310 SAN FIl.ANt..::'5CO. CA 941 18 TEL 41 ~;.~',r,3.":',F.l rAX 415.563.101"/(. EMAIL .......'L@OIl.OL".:NUI':.(;:OM WEB WWW.DRBLENOE.COM 'y Services and Elilllinatial1 (ij'/111 E\i.l'/ing Utility Poles 2, llWc petition you to undertake special assessment procccdings for a public improvement project, to wit: the proposed undcrgrounding of all utility service in our neighborhood, 3, l/we understand that if IIwc sign this petition and do not Jile a written protest prior 10 the Blende Dental Group 390 Laurel Street, Suite #310 San Francisco, CA 94118-1953 (415) 563.4261 WELLS FARGO BANK NATIONAL ASSOCJA TION CAMPBELL, CA 95008-2365 11-4288/1210 19295 ID .,;)~- 03 PAYTOTH~ ~:::r:=b ORDER OF ()t 11 fQ (\ Q,t'\ I +-nO\lril\.na (),[\O-Orxxx I $ 1000.00 DOLLARS I'D $' M71vtO ~ r , ----:~ 'I ) \/ -:- ~ ~- ~,::.- .:~ 11'0 log 2'1511' ":.2.01, 2BB 21:0.. '12 5..b:;II' .r unoergrounCl servIce at HIt: r-:~UJJellY llue. NAME:'b ~\J \ 1) '6\e.,^-~ , ADDRESS: \ ~ ~ M{5.\M>re Ie."....... PHONE: E-MAIL ADDRESS (If DESIRED): DATE: q- t 1,~ S"~~~s- 27D-D"\17 Please return to your neighborhood captain, Rock Hill Drive/Del Mar Drive: John Kern (435-J 845) Laura Rousseau (435-0527) HilalJ'Drive: Joe Keller (435-0444) Don Ring (435-2672) Mara Vista Court: Carol Weiss (435-3099) Hawthorne DrivelTihuron Blvd.: Kathleen Bailey (435-0399) Laura Rousseau (435-0527) PETITION FOR UNDERGROUNDING ASSESSMENT DISTRICT Proposed Undergraunding a/all Utility Services and Elimination of All Existing Utility Poles and Overhead Wires To: The Tiburdn Town Council 1. IIWe, the undersigned, are owners of a property located on Rock Hill Drive, Del Mar Drive, Maravista Court, Hilary Drive, Hawthorne Drive or Tiburon Boulevard. I--'-"""'~_"-_m",==-,,_,:._- , , " ..--lArlol", <n"cial assessment proceedings, for a public improvement r, - ._........"l~~-...... ,.,.. UiT"---"_~i:i:'_ ~_ . . 0_ --:-.-t..hrorh()()o . ,-"'_' '----- -~.~~~ -_.,~ 12 58 ~ / / / . / 11-35/12!1) """ 7"'::',:<.-,! 0 ;'- '-r' ., DATE ' //tb/ IJj; -"'"'-~~./,)l.-)/:.C:.-Ci (~ ,( , ~,-,' I $ " ---:-::'~:::. /LfY:'r.', :j4L/.j' ~ k"~ C CJ ' ',:' CO(:.) ~)eo ~' ,~~nkOfAmeriCa~ '-:- "--'-"==-~------ DOLLARS Iil '=2:~' ;,' r,~,IUl""~11O ~~* II 1 ~~~~)~~~5 ~ l , ~I FOR G..jv~.-r:'~;?-~"-';:~ .: ;';:6~ ~ /' /" , II 00". 2 5BII'~:--. 2 .~' a~ 7'--..:---....---~-L~~ ' 11 '-'--'"~""==.._"~..c,:_=:.....='''''~'_.."':~''' O~.!~~': w:.~ 7 ..~~~~~!.:..,-_. ,----------"="-' _.-..~ i my/our hnal assessment 1[1 tllC jJl\'J.........- .....~. _. . _........~'I~~~~'"2.......:;;:,~{!;;:.~~_..jf homeowners responsible for over 50'Yo of the assessed amounts must vote In me -, affirmative for the assessment to pass, RICHARD B. COLLINS , LIe. 81847482 660 F'ldRON BLVD. PH. 415-7139-5205 T1BURON, CA 94920 TO THE ORDER OF 'd, Each rroperty owner will, in addition to the assessment, be responsihle Cor undergrounding the service connection from his/her residence to the new underground service at the property line, ..7 _" NAME: ) /C'JI/i/i'/J ;0 - cc-:~//, l-_~. ADDRESS:b--, C ~/,/5i',:'-{'C~A" ~..-;t'HONE: [-MAIL ADDRESS (IF DES[RED):- DATE /W6'~ 's 4/c 7f9.5?:<'~- Please return to your neighborhood captain. Rnek Hill I>rivc/I}cl Mal' Drive: John Kcm (415-1845) Laura Rousseau (415-0527) Hila,.y Dri,.,,: Joe Keller (435-04'H) non [(jog (<1:,5-7(,72) Mara Vista Court: Carol Weiss (435-30~~) HawthnrIlc DrivcITiburnn Blvd.: Kathleen Bailey (435-0399) Laura Rousseau (435-0527) '\. PETITION FOR UNDERGROUNDING ASSESSMENT DISTRICT Proposed Undergrounding of all Utility Services and Eliminalion ofAf! Exisling Utility Poles and Overhead Wires ' To: The Tiburoll Town Council I, II We, the undersigned, arc owners of a property located on Rock Hill Drive, Del Mar Drive, Maravista Court, Hilary Drive, Hawthorne Drive or Tiburon Boulevard, 2, I/We petition you to undertake special assessment proceedings for a public improvement project, to wit: the proposed undergrounding of all utility service in our neighhorhood, 3. I/we understand that if IIwc sign this petition and do not file a written protest prior to the initia'! ~lllhlic hearing initiating the formal assessment process, it will be assum~ J at the time that [/wc ,r,ill favor the project, for purposes of forming the Undcrgrounding District, ~~~~:m~it!rn.~~*=!i"";:,;,!~~=":", ~':"""~~-:;:~!~"'~~"""''-''~-F.:;<'=:.:.:~~<:i-;:''-~~--1l',:,;,c,,~_~~+~.,," THOMAS G. KRESS 1609 ',I 3/PALMER AVE. :1:1 eEL TIBURON CA 94920 ~ 'I:'; .- ' 90.7118/3211261 :q t( l (. 6 'J :', ~ 0 ~ -,. OME ',I :j~YDmJ.!' ~~~~ $ l/<SlJ()c;5tI: ~ (~~.........--".. DOI,I..\lIS &I :~;:;,'::. embank. :1: ?.i'lt..~~\;1~rrRneR';>ol' d b~ :~~ >>AN.I08F,C"lIb1l3 " f(W .-.,.--,-...-J-- ~_. _.___._,.___": jl ".',:, :I..:,.: .~~;~~~,~.:.,,~~oo :.: 1,:1 :,~~~21~'~.=_b?~~_",,_.__=~~_' responsible f{lr ""A'<IANtl^I)I1' - ~- ---"..--~~,.......I.&.:.O.:_.___~~_c,:;""-'--.':'-'-1,l;;"-'<';;>=,I__....~_ unuergnJUllulllg lilt:: :SCl v Il.:C \..-UIUI1.;\,...lIV11 J I VIII 111.:',11'-1 1.....lI\..'-.',CC to the nc\v underground se7c at the property line. NAME ~:-L DATE;, flY:; ADDRESS ~ ~"'1~ e-I- PHONE: 1[-1- ;.,:.C; , [-MAIL ADDRESS (IF D[SIRED): 'TO ""'-<:L PVV/iC.fISN7 - tV-=--r ' / lll:d: lst of projeci lS. a detaikd cost ict properties" or in opposition to determined: and that lIlts must vote in the Please return to your neighborhood captain, Rock 1'1 ill Dri""IDcJ l\1al' Drive: John Kern ('135-18!15) Llu,,, rZOIlSSC[\U (435-0527) Hila,-y Drive: Joe Kdkr (435-0444) DOli Rillg (435-2(,72) M'lnl Vista Court: Carol Weiss (435-3099) Hawthorne Dri"crrihuron HI"d,: Kathleen Bailey (435-0399) Laura Rousseau (43,5-0527) ... ." . .. ,..-... .. .. --'.... LA TEMAIL IL MEETING DATE i'D--LL'-.OY III ... a '& if: a. " or 9: ~ 3: ll> ::I, ::> n o c ::> ~ n !!!. ~ 3 0;' '& ~ a ;:t tT C' a " 1/~ \j1i,''''',!il, /"/ '" ,. ''l;''''- "I' "I~rr~,;;'f ~~7:"~7'i/f' A,~. !'J--:;' ~J _ 'j)i - ~'l.: /, j'll "I'r. c: ~~ ::r: if:~ 31" .. c:li5' I ~:J :I. a CDfr3;a aca if ~ 0'" _lD _OlD :J ell C ::r oS :rs.;ro o -. il -" lD F . . A. . B. Town of Tiburon STAFF REPORT 1 AGENDA ITEM TO: Mayor and Town Councilmembers FROM: Pat Echols, Director of Public WorksITown Engineer SUBJECT: Proposed Hawthorne Terrace/Pilgrim Heights Utility Undergrounding Assessment District ~ MEETING DATE: October 20, 2004 REVIEWED BY: ~ BACKGROUND AND DISCUSSION Residents of the Hawthome Terrace/Pilgrim Heights neighborhood have been interested in undergrounding utilities for a long time. During the last several months, the resident proponents have worked with Harris & Associates (proposed district engineering consultants), Town staff and the utility companies to develop a boundary map for a proposed utility undergrounding assessment district (Exhibit A), To formally begin the process of forming the proposed assessment district, the Town Council must adopt a resolution of intention (Exhibit B). Town policy requires that district proponents gather petitions of support from at least 60 percent of the affected property owners within the proposed district and collect subscription deposits sufficient to cover advance costs required to retain the District Engineer, secure utility company design support, and legal advisory services. The proponents of the proposed district have submitted 54 signed petitions of support (approximately 62 percent of the 87 parcels within the proposed district boundary) and $51,000 in subscription deposits. Proponents also paid $3,000 for PG&E to attend a boundary walk on August 25, The Town Clerk has certified that the petitions and boundary map are in order. Harris & Associates have indicated that the subscription deposits collected should be sufficient to cover the advance costs. RECOMMENDATION It is recommended that the Town Council take the following actions: a) b) c) d) Receive a presentation by proponents and proposed District Engineer, Receive any public comment. Accept the proposed District Boundary Map (Exhibit A), petitions of support and subscription deposits, Adopt the resolution of intention (Exhibit B), EXHIBITS Proposed District Boundary Map Resolution of Intention . , ._/~~"{_. r",. ' : ", v '_'" .......... . ' .: '~'" ." Ofj>/vIA ;tlf... ". October 13, 2004 1 of 1 Z / / / / / / / I i'-',~ / ,,', .''-. . / . " .~" ,/ / / ,/ . /,,/ // // / // / / / / / :; i' . . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS TOWN OF TIBURON Hawthorne Terrace/Pilgrim Heights Utility Undergrounding Assessment District RESOLVED by the Town Council (the "Council") of the Town of Tiburon (the "Town"), County of Marin (the "County"), State of California, as follows: 1. Intention, The public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" attached hereto and made a part hereof in and for the Town's proposed Hawthorne Terrace/Pilgrim Heights Utility Undergrounding Assessment District (the "Assessment District"), 2. Law Applicable. Except as herein otherwise provided for the issuance of bonds, all of the work shall be done as provided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Act"). 3. Nature and Location of and Grades for Improvements, All of the work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on the plans, profiles and specifications, Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work is shown on the plans to be done therein, The streets and highways are or will be more particularly shown in the records in the office of the County Recorder of the County and shall be shown upon the plans, 4. Change of Grade, Notice is hereby given of the fact that in many cases the work and improvements will bring the finished work to a grade different from that formerly existing, and that to the extent the grades are hereby changed and that the work will be done to the changed grades, 5. Work on Private Property, In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on the private property than by adjustment of the work on public property, it is hereby determined that it is in the publiC interest and more economical to do such work on private property to eliminate such disparity, In such cases, the work on private property shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done, 6. Official Grades, This Council does hereby adopt and establish as the official grades for the work the grades and elevations to be shown upon the plans, profiles and specifications, All such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of this Town, " 7. Descriptions - General, The descriptions of the acquisitions and improvements . and the termini of the work contained in this Resolution are general in nature, All items of work do not necessarily extend for the full length of the description thereof, The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof, 8. Special Benefit and Boundary Map, The contemplated acquisitions and improvements, in the opinion of this Council, are of more than general or ordinary public benefit, and the costs and expenses thereof are made chargeable upon the Assessment District, the exterior boundaries of which are shown on a map thereof on file in the office of the Town Clerk, to which reference is hereby made for further particulars. The map indicates by a boundary line the extent of the territory proposed to be included in Assessment District and shall govern for all details as to the extent of the Assessment District. 9. Public Property, This Council declares that all public streets, highways, lanes and alleys, and properties owned by any public agency or department of the United States of America, the State of California, the County, any city or special district, within the Assessment District and in use in the performance of a public function shall be omitted from the assessment hereafter to be made; provided, however that to the extent found to be speCially benefited, such lands shall be subject to assessment. 10. Engineer's Report. The acquisitions and improvements are hereby referred to Harris & Associates, being a competent firm employed for the purpose hereof as Engineer of Work for the Assessment District (the "Engineer of Work"), and the Engineer of Work is hereby . directed to make and file with the Town Clerk a report in writing (the "Engineer's Report"), presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any; (b) Plans and specifications of the proposed improvements if the improvements are not already installed, The plans and speCifications do not need to be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements. If the Assessment District is divided into zones, the plans and specifications shall indicate the class and the type of improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the Engineer's Report as a combined document. (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements, (d) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any cost of issuing and registering bonds. (e) A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: . - 2- ~ . . . . (1 ) (2) The exterior boundaries of the Assessment District. The boundaries of any zones within the Assessment District. (3) The lines and dimensions of each parcel of land within the Assessment District. Each subdivision shall be given a separate number upon the diagram, The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels, (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvement upon the several subdivisions of land in the Assessment District in proportion to the estimated benefits to be received by each subdivision, respectively, from the improvement. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions and improvements, and the assessment shall include only the remainder of the estimated cost and expenses. 11. Use of Surplus, If any excess shall be realized from the assessment it shall be used, in such amounts as this Council may determine, in accordance with the provisions of the Act, for one or more of the following purposes: (a) Transfer to the general fund of this Town, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment or for the redemption of bonds, or both; or (c) For the maintenance of the improvements, 12. Contact Person, Patrick Echols, Town Engineer, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at Town Hall, 1505 Tiburon Blvd" Tiburon, California 94920, or by calling telephone number (415) 435-7388. 13. Contracts with Others, To the extent that any of the work., rights, improvements and acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this Town, or of any pUblic utility, it is the intention of this Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2 (commencing with Section 10100) of the Act, which agreement may provide for, among other matters, the ownership, operation and maintenance by such agency or utility of the works, rights, improvements and acquisitions, and may provide for the installation of all or a portion of such improvements by the agency or utility and for the - 3- '. providing of service to the properties in the area benefiting from the work, rights, improvements . and acquisitions by such agency or utility in accordance with its rates, rules and regulations, and that such agreement shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry out the terms of any such agreement. 14. Improvement Bonds. Notice is hereby given that serial andlor term improvement bonds (the "Bonds") to represent unpaid assessments, and bear interest at the rate of not to exceed such rate of interest as may be authorized by applicable law a the time of sale of such bonds, will be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Bond Law"), the last installment of which bonds shall mature not to exceed thirty (30) years from the second day of September next succeeding their date. The bonds shall be issued in such series and shall mature in such principal amounts at such times as shall be determined by this Council at the time of the issuance of such bonds. The provisions of Part 11,1 of the Bond Law, providing an alternative procedure for the advance payment and calling of bonds, shall apply to the bonds issued in these proceedings. It is the intention of this Council to create a special reserve fund pursuant to and as authorized by Part 16 of the Bond Law, It is the intention of the Town that the Town will not obligate itself to advance available funds from the treasury of the Town to cure any deficiency in the redemption fund to be created with respect to the bonds; provided, however, that a determination not to obligate itself shall not prevent the Town from, in its sole discretion, so advancing funds. 15. Refunding of Bonds, The bonds may be refunded pursuant to the provisions of Division 11.5 of the California Streets and Highways Code upon the determination of the Council of the Town that the public interest or necessity requires such refunding, Such refunding may be undertaken by the Council when, in its opinion, lower prevailing interest rates may allow reduction in the amount of the installments of principal and interest upon the assessments given to owners of property assessed for the works herein described, The refunding bonds shall bear interest at a rate not to exceed that which is stated in the resolution of the Council expressing its intention to issue the refunding bonds, which resolution of intention shall also set forth the maximum term of years of the refunding bonds, The refunding shall be accomplished pursuant to Division 11,5 (commencing with Section 9500) of the California Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the Council finds that each of the conditions specified in the resolution of intention to issue the refunding bonds is satisfied and that adjustments to the assessments are on a pro-rata basis, the Council may approve and confirm the report and may, without further proceedings, authorize, issue and sell the refunding bonds pursuant to Chapter 3 (commencing with Section 9600) of Division 11,5 of the California Streets and Highways Code, 16. Division 4, Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways Code of California which are on file in the office of the Town Clerk, It is the intention of this Council to comply with Division 4 of the Streets and Highways Code of California by proceeding under Part 7.5 thereof, To that end, the Engineer of Work is hereby directed to include in the Engineer's Report all of the material specified by such Part 7,5 and for which the total true value shall be estimated as the full cash value of the parcels of land in the Assessment District as shown on the last equalized assessment roll of the County, or alternatively, by means of a current appraisal on such terms as may be prescribed by this Council. -4- . . . . . 17. No Private Contract. Notice is hereby given that, in the opinion of this Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and therefore that, pursuant to Section 20487 of the California Public Contract Code, no notice of award of contract shall be published, 18. Reimbursement Declaration, The Town intends to issue the Bonds, which are "Obligations" under United States Income Tax Regulations section 1.150-2 (the "Regulations"), to finance all or a portion of the costs of the Improvements. The Council hereby declares that the Town reasonably expects to use a portion of the proceeds of the Bonds for reimbursement of expenditures for the Improvements that are paid before the date of issuance of the Bonds. This section of this resolution shall be solely for the purpose of complying with the provisions of the Regulations and shall not be deemed an approval of all or any part of the Assessment District or a commitment on the part of this Council to issue any or all of the Bonds or otherwise provide for financing, 19. Professionals Appointed. The Town hereby appoints Jones Hall, A Professional Law Corporation, San Francisco, California, as bond counsel, and Wulff, Hansen & Co" San Francisco, California, as underwriter. The Town Manager andlor Town Attorney are hereby authorized and directed to enter into agreements with such firms for their services to the Town for the Assessment District and the issuance, sale and delivery of the Bonds, 20. Effective, This resolution shall be effective upon its adoption by the Council. ************ PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon, State of California, on this day of , 2004, by the following vote to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS COUNCILMEMBERS , MAYOR TOWN OF T1BURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK - 5 - EXHIBIT A TOWN OF TIBURON Hawthorne Terrace/Pilgrim Heights Utility Undergrounding Assessment District DESCRIPTION OF WORK Within the Town of Tiburon, (the 'Town") County of Marin, State of California, the construction and acquisition of the following public improvements, including the acquisition of all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof in accordance with plans and specifications to be approved by the Town: Within the area of the Hawthorne Terrace/Pilgrim Heights Utility Undergrounding Assessment District and in and along all or portions of Del Mar Drive, Hawthorne Terrace, Hillary Drive, Mara Vista Court, and Rock Hill Road, as more particularly shown on the proposed Boundary Map of the Hawthorne Terrace/Pilgrim Heights Utility Undergrounding Assessment District on file in the office of the Town Clerk, the installation of new, underground facilities to replace such utility lines, including all required removal of pavement, trenching, backfilling, repaving, installation of substructures, conduits, pull boxes, vaults and appurtenances and the removal of existing overhead electric, telephone and CATV utility lines, including existing, transformers and other overhead structures. -6- '. . . .