HomeMy WebLinkAboutTC Agd Pkt 1995-09-06
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
SEPTEMBER 6, 1995
7:30 P.M.
6:45 P.M.
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PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of
view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) Slate Views Succinctly; (4) limit Presentations to 3 minutes: (5) Speak
Directly into Microphone.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall
(415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting [28 CFR 35,102.35,104 ADA Title II]
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REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES - #46-95, July 5,1995
C. BUSINESS ITEMS
1. ANNUAL MEETING
D. ADJOURNMENT
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
TOWN COUNCIL
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC QUESTIONS AND COMMENTS
Please confine ~yollr comments during this pOl'liOIl of lhe agenda to maflel's not alreat(v on this agenda, olher
than items on the Consent Calendar. The public will be given an opporwniry to speak Oil each agenda item af
the time it is called. Presentations are lilllited to three (3) lIIinutes. i\faflel'S requiring action will be referred to
the appropriate Commission, Board, Commillee or StaJlfor consideration and/or placed on afl/lure meeting
agenda.
D. APPOINTMENTS TO BOARDS. COMMISSIONS OR -COMMITTEES
E. COUNCIL. COMMISSION OR COMMITTEE REPORTS
F. CONSENT CALENDAR
The p1l1pose of the Consent Calendar is to group items lOgether which genera/~v do not require discussion and
which will p,.obab~v be approved by one motion unless separate action is required on a particular item. Any
member of the Town Council, Town Staff, or the Public may request removal of an item for discussion.
1.
APPROVAL OF TOWN COUNCIL MINUTES #1061, August 7, 1995; #1062,
August 16, 1995
2,
MAPE EMPLOYEES CONTRACT - Approve Multi-Year Compensation &
Benefits Agreement
3,
TOWN MONTHLY INVESTMENT SUMMARY - As ofJuly 31,1995
4,
HERITAGE & ARTS COMMISSION - Request for Leave of Absence
G. UNFINISHED BUSINESS
5,
NEW TOWN FACILITIES -
a) Mar West Property Conveyance to Library JPA
6,
FY95-96 TOWN BUDGET
a) Unallocated Reserves Fund Transfers
b) Medical & Insurance Allowance Adjustment (Management Employees)
7,
HILARIT A REHABILITATION - Request for Additional Preservation Funding
H. PUBLIC HEARING
I. NEW BUSINESS
8, REQUEST FOR RECONSIDERATION OF LOT MERGER: Jerome Bernal,
23] 0 Spanish Trail, Assessor's Parcel No, 59-201-09 & -10
9, SOLID WASTE MANAGEMENT & RECYCLING - Consider Formation of
Tiburon Peninsula Advisory Committee
10, DOWNTOWN MAIN STREET ADA COMPLIANCE - Update
11. TOWN OF TIBURON 1995 GOALS CALENDAR - Progress Report
J. COMMUNICA nONS
12, PARKS & OPEN SPACE COMMISSION
a) Minutes #133 dated August 8, 1995 - Exploratory Dig, South Knoll Park
b) Coastal Clean-Up
13, HERITAGE & ARTS COMMISSION
a) Memo to Town Manager dated August 31, ]995 - Renaming Beach Road
Park to Teather Park
14, LETTER FROM L YNDASUE JOHNSON TO TOWN MANAGER Dated
August 23, 1995 - Request to Farm Blueberries on Town Open Space
K. STAFF & TOWN MANAGER REPORTS
15, NOVEMBER TOWN COUNCIL MEETING - Consider Rescheduling Second
Meeting (November 15)
16, COMMUNITY SURVEY - Consider Incorporating Community Questionnaire
in October Town Newsletter
L. ADJOURNMENT
Future Agenda Items
- Mill Valley Refuse Service Franchise Agreement (October, 1995)
- Belvedere/Tiburon Library Deannexation - Resolution (September 20, 1995)
- Revised Leaf Blower Ordinance
Future Activities
- Eighth Annual Chili Festival - Main Street (September 9)
- September Coastal Clean-Up Day (September 23)
- Town Employee Recognition Night (October 24 - Dynasty Restaurant)
- Marin County Council of Mayors & Councilmembers (October 25 - Tutlo Mare)
Employee Organization: MAPE
Agency Negotiator: Robert Kleinert
2. CONFERENCE WITH LABOR NEG_QTlATOR (Section 54957.6)
Name of Case: Morales v. T!twn ofTibl!mn,-~l al.
Name orCase: State of Cali fomi a v. Zelinsl{y, et al.
J. CONFERENCE WITH LEGAL COUNSEL - EXISTING LTTIGA TION
(Section 54956.9a)
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:
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
DATE POSTED: September L 1995
DATE OF MEETING: September 6. 1995
NO, 10-1995
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REDEVELOPMENT AGENCY
MINUTES
CALL TO ORDER
Vice Chairman Ginalski called the meeting of the Redevelopment Agency of the Town ofTiburon
to order at 7:36 P,M" Wednesday, July 5,1995 at 1101 Tiburon Boulevard, Tiburon, California.
A. ROLL CALL
PRESENT: BOARDMEMBERS: Ginalski, Nygren, Wolf, Thayer
ABSENT: BOARDMEMBERS: Thompson
EX OFFICIO: Executive Director Kleinert, Finance
Director Stranzl, Minute Clerk Crane
B. APPROVAL OF MINUTES
1. #RA-45-95 June 21, 1995
MOTION:
To approve Minutes #RA-45-95, as submitted.
Moved:
Vote:
Nygren, Seconded by Thayer
AYES: Unanimous
NOES: None
ABSENT: Thompson
C. PUBLIC HEARING
2, ADOPTION OF FY95-96 REDEVELOPMENT AGENCY BUDGET (Resolution),
Board waived staff report,
MOTION:
To adopt Resolution Adopting FY95-96 Redevelopment Agency Budget
Moved:
Vote:
Nygren, Seconded by Thayer
AYES: Unanimous
NOES: None
ABSENT: Thompson
#RA-46-95
July 5, 1995
1
2
July 5, 1995
#RA-46-95
ROBERT L. KLEINERT, EXECUTIVE DIRECTOR
ATTEST:
MARK GINALSKI, VICE CHAIRMAN
There being no further business before the Redevelopment Agency of the Town of Tiburon, Vice
Chairman Ginalski adjourned the meeting at 7:37 P.M" sine die,
D. ADJOURNMENT
L
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TIBURON REDEVELOPMENT AGENCY STAFF REPORT
To:
BOARD OF DIRECTORS
FINANCE DIRECTOR
Meeting: .
SEPTEMBER 6, 1995
RD44f/
From:
Item No:
Subject:
REDEVELOPMENT AGENCY ANNUAL MEETING
Backl!round:
The Tiburon Redevelopment Agency regularly schedules its annual meeting for the first meeting
in September, The general purpose of the meeting is to provide updated information concerning
financial status of the Agency for the fiscal year most recently completed,
Discussion:
The audit of the Agency's financial statements for the fiscal year ended June 30, 1995 is currently
in progress, Presented herein is pre-audited financial statement information of the Agency, as of
June 30, 1995,
1. Fund Balances as of June 30, 1995
Available Agency fund resources, unreserved and undesignated for any other sources or
uses, are as follows:
General Tax Increment Fund
Housing Set-Aside Fund
$40,220
$249,470
Total cash and investment resources of the Housing Set-Aside Fund are currently $934,197,
however $684,727 is reserved for Cecilia Senior Housing Project site and construction
improvements, which are expected to be undertaken and completed in eighteen to twenty-four
months,
In May 1993 the Agency General Fund borrowed $75,000 from the Housing Set-Aside Fund for
purposes of making the State-mandated payment to the County ERAF, Subsequently, the General
Fund has repaid $30,000 to the Housing Fund, The Housing Set-Aside Fund is owed $45,000 by
the Agency General Fund,
Recommendations:
1. Accept Staff Report
Exhibits:
1. Draft Financial Statements, June 30, 1995
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UkAr I
COMBINED STATEMENT OF REVENUES, EXPENDITURES
AND CHANGES IN FUND BALANCES
ALL GOVERNMENTAL FUND TYPES
for the Fiscal Year Ended June 30, 1995
with comparative totals for June 30th 1994 and 1993
Housing TOTALS -MEMORANDUM ONLY
General Set-Aside Combined
Fund Fund 1995 1994 1993
REVENUES
Taxes 504,547 157,837 662,384 772,597 697,744
Interest income 16,393 45,172 61,564 64,261 54,719
Other 0 58,682 58,682 0 0
Total Revenues: $520.939 $261,691 $782.630 $836,858 $752.463
EXPENDITURES
General government 21,956 26,619 48.575 46,966 24,893
Capital projects 0 78,422 78,422 56,874 0
Total Expenditures: $21,956 $105,041 $126,997 $103,840 $24,893
Excess (deficiency)
revenue over expenditures: $498,983 $156,650 $655,633 $733,018 $727,570
OTHER FINANCING
SOURCES (USES)
Fiscal Agreement Payment -
Community Facilities District (472,500) 0 (472,500) (472,500) (472,500)
Other - Write down, land held
for development 0 (50,939) (50,939) (310,000)
Other - ERAF mandate (38,167) 0 (38,167) (38,158) (124,797)
Total Other Financing
Sources (Uses): ($510,667) ($50,939) ($561,606) ($820,658) ($597,297)
Excess (deficiency)
revenue over expenditw-cs
over other sources (uses): ($11,684) $105,711 $94,027 ($87,640) $130,273
FUND BALANCE
Opening, July I, 1994 $51,904 $1,072,547 $1, I 24,451 $1,212,091 $1,081,818
Closing, June 30, 1995 $40,220 $1,178,258 $1,218.478 $1.124.451 $1.212,091
EXHIBIT NO.
16
rfew.. ;Vo. I
TOWN COUNCIL
MINUTES
!'!""';rt. t: ""'-
U~\.Ar I
CALL TO ORDER
Mayor Thompson called the special adjourned meeting of the Town Council of the Town of
Tiburon to order at 7:02 p,m" Monday, August 7,1995 in Council Chambers, 1101 Tiburon
Boulevard, Tiburon, California,
A. ROLL CALL
PRESENT:
ABSENT:
RECUSED:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
EX OFFICIO:
Nygren, Thompson, Ginalski
Thayer
Wolf
Town Engineer Mohammadi, Town Clerk Crane,
B. PUBLIC OUESTlONS AND COMMENTS None,
Co UNFINISHED BUSINESS 1. Blackie's Pasture Improvements - Blackie's Brigade
Award of Contract. Council approved award of contract for grading to W,R, Forde Associates,
pending reconfirmation of bid by Town Engineer Mohammadi at meeting on Wednesday, August
9, Councilmember Nygren expressed concerns about quality of [Forde's] work. Mayor
Thompson asked Town Engineer Mohammadi ifhe thought Forde was capable of doing the job,
and Mohammadi answered affirmatively, He also said that former Town Engineer Stan Bala was
donating his time as on-site supervisor of the project.
Council directed Town Engineer Mohammadi to proceed with project which is scheduled to take
four to six weeks, Councilmember Ginalski said it was important to communicate with residents
of the Town about the project, and any temporary inconvenience, through the media and using
signs and the Town's bulletin board,
There being no further business before the Town Council of the Town ofTiburon, Mayor
Thompson adjourned the meeting at 7:21 p,m, sine die,
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINTES #1061
August 7, 1995
1
]:feM No. I
TOWN COUNCIL
MINUTES
DRA~T
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to
order at 7:45 P,M" Wednesday, August 16, 1995 in Council Chambers, 1101 Tiburon Boulevard,
Tiburon, California.
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
EX OFFICIO:
Ginalski, Wolf, Thayer, Thompson
Nygren
Town Manager Kleinert, Interim Town Attorney
Sharp, Finance Director Stranzl, Planning Director
Anderson, Public Works Superintendent Iacopi,
Town Engineer Mohammadi, Town Clerk Crane.
B. PUBLIC OUESTIONS AND COMMENTS
Councilmember Ginalski asked if there was a date set for and who was planning the Harroman
celebration, Town Manager Kleinert said he had spoken to John Collette and the Town was
waiting until further progress had been made in the lawsuit before setting a date, Mayor
Thompson said the group who had worked on the Jay celebration might get involved,
Co APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES
MOTION:
Moved:
To appoint Kam Shadan to the Design Review Board
Ginalski, Seconded by Thayer
MOTION:
Moved:
To appoint Dolores Parhomenko to the Design Review Board
Thompson, Seconded by Wolf
Councilmember Thayer said he would like to interview Ms, Parhomenko again before making a
decision and expressed concern that she had not participated in Board meetings in the past.
Vote (1st Motion only):
Vote: AYES:
NOES
ABSENT:
Unanimous
None
Nygren
Second motion withdrawn pending second interview with Dolores Parhomenko,
D. COUNCIL. COMMISSION OR COMMITTEE REPORTS None,
TOWN COUNCIL MINUTES # I 062
August 16, 1995
I
E. CONSENT CALENDAR
Item 12 (1995 Congestion Management Report) moved onto ConsentCalendar. Correction to
August 2,1995 minutes: Change motion on Page I to "Moved by Council member Wolf"
Consent Calendar unanimously approved, as amended above,
H. NEW BUSINESS (Moved forward on agenda to accomodate filming by Channel 3\.)
10, Red & White Ferry Service to Candlestick Park, Town Manager Kleinert reported that the
event and been a success and there did not appear to be any problems created by parking on that
day, He showed photos taken by Councilmember Wolf and read the results from a survey passed
out on the ferry,
Terry Koenig, Red & White Fleet, said his company was considering doing a trial run to a couple
of San Francisco 4gers games, but that there were logistical problems with the docking facilities at
Candlestick, He reiterated Red & White's willingness to participate in a parking study for
downtown Tiburon, Council concurred with the idea,
F. UNFINISHED BUSINESS
6, Vista Tiburon Subdivision, Town Attorney Sharp advised keeping the 3: I tree replacement
ratio called for in the Mitigation Monitoring Plan because he felt it a change was not
contemplated in the ErR and it would be necessary to reopen the ErR process to make a change,
Sharp told Council that the issue of "bonding" the developer was a misnomer since the Town
already had substantial monetary deposits on hand from the developer for compliance with and
completion of various stages of the project. He said the Town could retain as much as reasonably
necessary to ensure compliance with the landscaping plan and suggested that the arborist be
consulted for the length of time necessary and amount of money to keep on hand,
With regard to the Heritage Oak on Lot 20, Town Attorney Sharp suggested that the Town
require an "after the fact" tree cutting permit to be issued at the discretion of the Planning
Director.
Mayor Thompson opened the public hearing,
Lee Orginos, owner of Lot 20, said he had consulted Kaplan & Ham who told him the Town's
tree ordinance did not preclude making "repairs" to the tree, He said he and a friend used a chain
saw to cut off some dead limbs to make the tree safe for his daughters to play under, He
distributed a report from his arborist, Davey Tree Expert Company, who stated that the pruning
did more good than harm,
TOWN COUNCIL MINUTES #1062
August 16, 1995
2
Rob Ham, developer of Vista Tiburon, showed Council a drawing and explained the installation of
the drainage "V Ditch" that had come into question, He explained, in detail the process of staying
within the boundaries of the final recorded map and how to do otherwise would be illegal, how
they had cut some lower branches of the tree that were touching the ground in order to stay
within the easement, and how he, the Town Engineer and Planning Director had all agreed on the
exact location, He asked Council what, if anything, he had done incorrectly,
Hearing returned to Council.
MOTION:
To adopt the recommendations of Town Attorney, subject to amount of reserve
being determined by the arborist and a contract made with the developer, and
Council to give final approval; that a tree permit be issued regarding the Heritage
Oak on Lot 20, along with recommendations of Bartlett Tree Service,
Moved:
VOTE:
Thayer, Seconded by Ginalski,
AYES: Unanimous
NOES: None
ABSENT: Nygren (Recused from Issue)
7b), Building Advisory Committee, Town Manager Kleinert gave the Staff report and informed
Council that action would be required to approve the first phase of funding, not to exceed
$25,000,
Hal Edelstein, Building Advisory Committee, said they had entered into contract negotiations
with Bull, Stockwell, Allen & Ripley, and that the money would be used for a preliminary site
plan, landscaping and grading plan, The $25,000 fee would be credited toward the total amount
negotiated in the final agreement.
Council member Ginalski said he would not vote to approve $25,000 in design fees for a piece of
property not yet owned by the Town, and with a lis pendens and lawsuit against it.
Councilmember Thayer said the project had reached a critical mass and it was important to move
forward,
Councilmember Wolfsaid the Town would prevail in the ownership of the land and concurred
with Thayer that it was important to cooperate in conjunction with the library project. She did
not favor spending an additional $7500 for 3-D drawings,
Mayor Thompson said it was important to move ahead in good faith with Mr. Zelinsky and to
follow the wishes of67% of the voters,
Councilmember Ginalski said he was not questioning anyone's "good faith"
TOWN COUNCIL MINUTES #1062
August 16, 1995
3
MOTION:
To approve the Building Advisory Committee's request for $25,000 for the
purposes stated in Bull, Stockwell's August 8 letter.
Moved:
Vote
Thayer, Seconded by Wolf
AYES: Thayer, Thompson, Wolf
NOES: Ginalski
ABSENT: Nygren
7a), Senior Housing Advisory Committee, Larry Smith, Chair of SHAC, said the committee had
met three times and was absorbing a lot of data, He said he was optimistic that the
Redevelopment Agency could playa major role in the development of the Ned's Way site,
On the previous matter, Council directed staff to talk to Zelinsky about starting the process of
conveying the [Town Hall site] land to the Town,
Mayor Thompson opened the public hearing,
Nat Marans, 2312 Spanish Trail, asked how many units were planned for the Ned's Way site, if
there had been an EIR, and when the property would be available for other bids, Chair Smith said
his committee was taking names of interested parties, Town Manager Kleinert said there might
not be a bidding program,
Richard Hinkel, 2 Malvino Court, Chair of the Housing Committee, said the committee had made
its recommendations and asked Council to examine the purpose of his committee and determine
whether it had an ongoing function as a standing committee,
Hearing returned to Council.
Councilmember Wolfsaid the voters had agreed to up to 25 units or housing at the Ned's Way
site and asked that the number not be exceeded
8, Black's Pasture Improvements, Councilmember Wolf recused herself. Town Engineer
Mohammadi said that the main parking lot would be closed for five days (beginning September
11) for grading and that temporary parking would be available on the Bay side of the path,
Mayor Thompson said the lot was being closed for safety reasons,
During public hearing, it was determined that there would be walking access through the pasture,
and that the Trestle Glen crossing would be open, Bruce Abbott, 458 Greenwood Beach Road,
asked if any attempt would be made to protect nearby residents from overflow parking, Mayor
Thompson said public notice would include "no illegal parking,"
Council directed Town Engineer Mohammadi to proceed,
TOWN COUNCIL MINUTES #1062
August 16, 1995
4
G. PUBLIC HEARING
9, Storm Water Run-Off Program, Councilmember Wolf asked who was the Town's
representative to the JP A. Finance Director Stranzl said that it was under the auspices of the
Streetlight JP A and Town Manager Kleinert attended those meetings,
Steve Ziegler, County of Marin, said the program was also discussed at [County] Public Works
meetings, In response to a question from Councilmember Wolf, Ziegler said that State
monitoring fees had gone up which, in part, accounted for the jump in fees charged to the Town,
Councilmember Wolf said the Town had always maintained drainage and street sweeping, Ziegler
responded that the Storm Water program would allow the Town to upgrade and maintain its
improvements,
Council agreed that there should be no more assessments charged to the taxpayers and
determined that the $2],000 Storm Water assessment would have to come out of the Town's
general fund, Ordinance was tabled,
H. NEW BUSINESS
] 1. FY95-96 Budget Adjustment - Mower. Council voted to authorize Public Works to
purchase a new mower not previously included in the FY95-96 budget.
REPORT ON CLOSED SESSION
Town Attorney Sharp reported that no action was taken in the Closed Session regarding State of
California v, Zelinskv. et al.
There being no further business before the Town Council of the Town ofTiburon, Mayor
Thompson adjourned the meeting at 9:55 p,m" sine die,
ANDREW THOI'vlPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1062
August 16, 1995
5
TOWN OF TIBURON
STAFF REpORT
ITEM NO, 2
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
MAPE EMPLOYEES LABOR CONTRACT
September 6, 1995
BACKGROUND
Labor negotiations between the Town and the Marin Association of Public Employees
(MAP E) have been in progress the past several months, A tentative agreement has been approved
by the Town and MAPE's negotiating teams,
The actual terms and conditions of the proposed contract must be reviewed and approved
by the Town Council. The labor contract has been ratified by MAPE, The proposed contract will
be considered in the Council's closed session prior to the regular meeting,
RECOMMEND A TION
The Town Council announce the results of the closed session pertaining to the MAPE
contract publicly prior to the Consent Calendar. If the action is affirmative, then the proposed
MAPE contract terms and conditions can be approved by the Council in public session,
EXHIBITS
I. Staff Memo outlining terms and conditions of Town-MAPE contract proposal (to be
submitted)
R.L. Kleinert
Town Manager
TOWN COUNCIL STAFF REPORT
To:
From:
Subject:
TOWN COUNCIL Meeting: SEPTEMBER 6, 1995
FINANCE DIRECTOR Item No: . 3
MONTHLY INVESTMENT SUMMARY STATEMENT
AS OF JULY 31, 1995
1. TOWN OF TlBURON
Institution! Agency
Amount
Interest Rate
Maturity
State of California $7,978,528 5,972% Liquid
Local Agency Investment
Fund
Federal Agency Issues $975 12,000% 04-14-2014
GNMA
I Total Invested:
$7,979,503 I
2, TlBURON REDEVELOPMENT AGENCY
Institution! Agency
Amount
Interest Rate
Maturity
State of California $1,530,908 5,972% Liquid
Local Agency Investment
Fund
I Total Invested:
$1,530,908 I
Notes to tables:
(I) State of California Local Agency Investment Fund (LAIF) - The interest rate represents the
effective yield for the month refcrenced above, The State distributes the data reports in the third week
following the month ended, (2) GNMA - Principal and interest are paid monthly on this government
security ,
Acknowled!,'111ent: This summary report accurately reflects all pooled investments of the Town of
Tiburon 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,
BY
-~
Richard Stranzl, Finance Director
August 31,1995
TOWN OF TIBURON
STAFF REpORT
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
HERITAGE & ARTS COMMISSION
September 6, 1995
ITEM NO, t-j
Commissioner Janet Braff requests a (6) six-month leave of absence from the Heritage &
Arts Commission to attend to certain personal responsibilities, The Commission indicates this will
not pose a problem,
It is recommended that Council approve such request effective September 1, 1995 to
March I, 1996,
R,L. Kleinert
Town Manager
09-01-1995 10:14
415 507 1408
M5B
P.02
TOWN OF TIBURON
-'~'
-Lk~ AIo. ~
II'" TIIUItON BOV1..IV....RD . TlBURON . CALlPOlMA 94920 . (4") 43S.7371
F'-')((USj4".24JI
BY FACSIMILE AND HAND DELIVERY
MEMORANDUM
TO:
Robert L. Kleinert
Town MlInager
John E. Shllrp
Interim Town Attorney
September 1, 1995
Library site: Mechllnism for ConveYllnce to Library
Joint Powers Authority
FROM:
DATED:
RE:
You have advised that the Town intends to convey sn
interest in the property located in the area of Tiburon Boulevard
and Mar West to the Library Joint Powers Authority ("JPA") for
purposes associated with the JPA'e construction and operation of a
library at that site. The Town Council wishes to conside!: the
Illechanism by whiCh such a conveyance Should occur, while best
protecting the Town's intereets. For the reasons set forth below,
I suggest that the Council consider negotiating with the JPA the
grant of II leasehold interest for the library site.
The Town has, in the past, conveyed II possessory interest
in real property to an entity seeking a site to be used for a
public purpose. Specifically, the lease between the Town and the
Belvedere-Tiburon Landmarks Society for the property commonly known
as the "Donahue Building" wae entered March 1, 1995. While
factually distinct in many respects, the "Donahue Building"
transaction identifies and resolves some, if not all, of the same
issuee that should be considered in the proposed transaction
between the Town and the JPA. Besides obvious provisions such as
payment of rent, term of the lease, and others, the lease should
also require the Lessee to indemnify the Town from any and all
impacts arising out of the JPA' s use of the subj ect property,
should be SUfficiently narrow in purpose so as to allow use of the
property only for library purposes, and shOUld prescribe a
reasonable period of time during which the library must be
completed and begin operating, or require that the leasehold
interest revert to the Town. Additionally, attention should be
given to ensuring compliance with the requirements of the Americans
Robert L. Kleinert
August 31, 1995
Page 2
with Disabilities Act. All of these considerations, and any
additional required terms, can be accomplished via a lease.
It should also be made clear on the face of the document
that the JPA, as Lessee, would be responsible for any and all
approvals required of the Town in order to construct and operate
the library on the site. Furthermore, the Town may wish to
consider granting an option to renew the lease at the end of
whatever lease term is ultimately agreed upon.
I will be present at the Council Meeting of September 6,
1995 to discuss these and any other matters pertaining to the
library site with the Council.
f~ (C;~
~ohn E. Sharp ~
Interim Town Attorney
Town of Tiburon
Q:\msb\0633\Ol\ml-rk
TOWN COUNCIL STAFF REPORT
To:
TOWN COUNCIL
FINANCE DIRECTOR
Meeting:
Item No:
SEPTEMBER 6, 1995
&;
From:
Subject:
FISCAL YEAR 1995-96 BUDGET
- A. REALLOCATIONS AMONG RESERVES OF THE GENERAL FUND
- B. ADJUSTMENT OF MEDICAL INSURANCE ALLOWANCE FOR
MANAGEMENT EMPLOYEES
A. REALLOCATIONS AMONG RESERVES OF THE GENERAL FUND
This item is for consideration of proposed reallocation offunds in the aggregate amount of$315,000, from
the General Fund Unallocated Reserve to certain Designated Reserves of the General Fund, Staff proposes
the reallocation of$315,000 from the General Fund Unallocated Reserve to other Designated Reserves of the
General Fund in the following amounts:
From: UNALLOCA TED RESERVE ($315,000)
To: DESIGNATED RESERVES
Capital Equipment Replacement 130,000
Capital Outlay 50,000
Drainage 30,000
Employee Compensated Leave 30,000
New Town Center Construction 0
Park Development 25,000
Self-Insurance 50,000
Un allocated & Desil!nated Reserves ofthe General Fund:
This section provides a brief description of the basic purpose for, and financial status of, the Unallocated and
Designated Reserves of the General Fund, The use of all General Fund resources is a matter of policy
concern and direction of the To\\<n Manager and Town Council. This is in contrast to certain Special Revenue
and Capital Projects Funds - such as Redevelopment Agency, State Gas Tax, Assessment District Debt
Service and other Funds - where use of funds is subject to legal or contractual stipulations,
General Fund Unallocated Reserve - Is intended to reserve fund resources in the range of 20% to 25% of
planned operating budget expenditures, This reserve fund balance represents a contingency which allows the
Town to mitigate the impact of adverse financial conditions, The estimated reserve balance on June 30, 1995
is estimated to be approximately $1,300,000, The planned 1995-96 Operating Budget is $3,255,000, in
accordance with recent budgetary practices, 25% would require a reserve of$814,000, The proposed
reallocation of$315,000 to other designated reserves would leave a balance of nearly $985,000 which
provides adequate coverage for unanticipated fiscal impacts,
Emolovee Comoensated Leave Reserve - To provide reserve funding for employee compensated leave costs,
The current total liability for compensated leave is $241,000, the estimated reserve balance on June 30, 1995
is 211,000, The proposed reallocation of$30,000 provides for funding of this liability,
New Town Center Construction Reserve - For acquiring, constructing or improving new Town facilities,
Fund established Fiscal Year 1993-94, following 1994 Measure M, Ballot. The reserve received a transfer of
funds in 1994-95, the current estimated balance on June 30th is $1,347,000. No reallocations are proposed,
Selflnsurance Reserve - To provide reserve funding for coverage of Town's general liability and workers'
compensation insurance programs, It has been suggested by our liability program risk manager that a reserve
equivalent to three (3) occurrences, or $150,000, is an adequate minimum level. Current resources are
approximately $160,000, A reallocation of $50,000 is proposed, this is within recommended range of
$150,000 to $250,000,
Caoital Eauioment Reolacement Reserve (CERR)- To provide funding for General Fund departmental capital
outlay expenditures, Reserve receives an annual depreciation allowance from each operating department of
the General Fund, The allowance is currently estimated to be approximately $110,000, planned expenditures
are about $100,000, The estimated total amount which should have been accumulated forreplacement of
department operating equipment is in the range of $400,000 to $425,000, Current reserve resources are
estimated to be $133,000, a reallocation of 130,000 is proposed, this results in a reserve of more than 2 years
for operating equipment. Should circumstances permit, Staff plans to reallocate a similar amount to this
reserve effective July 1996,
Park Develooment Reserve - To provide resources for the improvement or maintenance of park facilities, not
accounted for in the General Operating Budget. The preliminary estimated June 30, 1995 balance is $76,000,
a reallocation of$25,OOO is proposed, The resulting balance is nearly $101,000 which is the minimum
recommended balance,
Drainage Reserve - To provide resources for construction of improvements to the curb and storm drain
collection system, Estimated total resources are $87,000, a reallocation of $30,000 is proposed, The result is
a balance which is within the recommended range of$100,000 to $150,000,
Caoital Outlav Reserve - For acquisition, construction or improvement of public property and facilities, This
reserve has recently been used for Town facilities' improvements (Administration, Police, Public Works,
Council Chambers, etc,) Current estimated resources are $50,000, the recommended range is $100,000 to
$150,000, A reallocation of$50,000 is proposed, which would result in a minimum balance within the range,
Recommendation:
Town Council adopt the proposed schedule of reallocations to certain designated reserves of the General
Fund, to be effective for the Fiscal Year beginning July I, 1995,
Exhibits:
1. Reserve Ranges, November 3, 1993
2
.j
.~~
" "
New Town Center Program $ -0. '. $-0- $ -0- $ 677
(Establish New Designated .___~"t .
Reserve Fund) .-
"
In conjunction with the above proposed fund transfers, Staff also recommends
that Council approve the following General Fund "Minimum and Maximum"
ranges for each of the specific reserve funds:
(FIGURES IN OOO's)
FUND RESERVE NAME RESERVE MINIJ\IUM RESERVE MAXIMUM
General, Unallocated . $700 $900
Capital Equip. 150 200
Replacement
Capital Outlay 100 150
Drainage 100 150
Emp. Compensated Leave 200 . 300
New Town Hall Impr. 350 750
Park Development 100 150
Revenue Sharing -0. -0-
Self Ins. Reserve 150 250
New Town Center 1,000 1,500
Construction
.'
The above Reserve Fund limits are based primarily upon past
experience and needs of the Town. They are not intended as precise
projections and in some cases they may prove to be either insufficient
or overfunded. However, the reserve ranges will provide the Town
with the ability and flexibility in funding certain non-budgeted needs
of the Town and emergency costs which arise from time to time.
.
- --'-
--
11 --,2, - q.2:>
~FF" ~~~
EXHIBIT NO, ~,
'.. 'e
B. ADJUSTMENT OF MEDICAL INSURANCE A.LLOW ANCE
FOR MANAGEMENT EMPLOYEES '
This item is for consideration of an increase of fifty dollars ($50,00) in the monthly medical allowance
provided to the Town's Management Employees (6) which include the following positions: ,Town Manager,
Town Attorney, Chief of Police, Superintendent of Public Works, Planning Director and Finance Director,
Discussion:
All regular employees of the Town of Tiburon are provided a monthly medical and insurance allowance out
which health, dental and other insurances are purchased, Employees represented by bargaining units - the
Tiburon Police Association (TP A) and Marin Association of Public Employees (MAPE) have their respective
allowances determined and adjusted through labor negotiations, The monthly medical allowance for TP A and
MAPE personnel is currently at the following levels:
Tiburon Police Association - Police Officers
$420.00
$350,00
M.A.P.E, Represented - administrative support, clerical and
Public Works maintenance staff
The allowance for management positions is adjusted periodically with Town Council approval, however there
has been no overall adjustment of the allowance for management positions in several years, The monthly
allowance for most management positions is $350.00, the recommended increase of $50,00 results in an
allowance total which is consistent with similar allowances provided to management positions in other cities
in Marin County, and also provides an appropriate internal adjustment in comparison with allowances
provided to Town TPA and MAPE employees,
Fiscal Imoact - The net, or incremental, fiscal impact resulting from the proposed increase in the allowance
for the six (6) positions is $3,600,
Recommendations:
Town Council approve the proposed increase and adjustment in the monthly medical insurance allowance for
. the Town's management positions: Town Manager, Town Attorney, Chief of Police, Superintendent of Public
Works, Planning Director and Finance Director, effective September 1,1995,
3
TOWN OF TIBURON
STAFF REPORT
ITEM NO, 1-
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
HILARIT A REQUEST FOR ADDITIONAL PRESERVATION FUNDING
September 6, ] 995
The Hilarita's preservation phase has successfully been concluded with the recent
purchase of the Hilarita by the Hilarita- Tiburon Ecumenical Association, However, one of the
requirements of the HUD-approved sale requires the buildings to be rehabilitated to ensure long-
term viability and provide tenant safety,
Although HUD requires the building rehabilitation, they do not provide sufficient funds for
the work. The Federal government has appropriated $] ,7 million for the rehabilitation phase
which leaves a significant shortfall
The Hilarita- Tiburon Ecumenical Association is therefore asking the Town to consider
granting them rehabilitation funding assistance in addition to the original preservation funding
previously granted by the Town, The Town allocated an initial pre-acquisition loan to the Hilarita
for preservation purposes in the amount 01'$]65,000, Of this amount, the Hilarita only drew
down $65,600 of which they have repaid all but $7,000, They are planning to utilize an additional
$]5,000 for future predevelopment costs and inspections, In summary, the Hilarita will have
utilized a total 01'$22,000 from the original Town-authorized $165,000, They are now requesting
to use the balance of the initial Town allocation ($]43,000), plus $]65,00 for an overall
supplemental funding request of $308,000 for the rehabilitation work.
The Town has been very supportive of the Hilarita, both politically and financially, and
certainly wants to continue to be of assistance, However, the requested amount from the Town's
restricted affordable housing funds represents a significant allocation, It could impact the Senior
Housing Advisory Committee's efforts and the long-range financing plans for the new Police
facilities and Senior Housing project,
I have advised Carolyn Attkisson, President of the Hilarita-Tiburon Ecumenical
Association, of these preliminary concerns and that the Association's request will be scheduled for
consideration by the Town Council at its regular September 6 meeting,
Time is of the essence regarding this request, as HUD requires the rehabilitation work to
be commenced and completed in a timely manner. The Hilarita- Tiburon Ecumenical Association
TOWN COUNCIL
Page 2
September 6, 1995
has also indicated that they are very appreciative of the Town's continued support and past
financial assistance,
Copies of the Hilarita-Tiburon Ecumenical Association's request to the Town have been
forwarded to the Town's Housing Committee, BAC and SHAC.
It should also be noted that the original request of $375,472 (August 22) has been reduced
to $308,000 (August 31)
EXHffiITS
1. Letter from Hilartia-Tiburon Ecumenical Association to Town Manager,
dated 8-22-95
R,L. Kleinert
Town Manager
The Hilarita - Tiburon Ecumenical Association
100 Ned's \\ay, Tiburon, CA 94920 .
Mr. Robert Kleinert
City Manager
Town of Tiburon
1155 Tiburon Boulevard
Tiburon, California 94920
[PJ~(clEnwre[Q)
AUG 2 5 1995
TOWN MANAGER'S OFFICE
TOWN OF TIBURON
August 22, 1995
Re: The Hilarita - Request for Additional Preservation Funding
Dear Bob:
As you are aware, The Hilarita was successfully purchased by The Hilarita- Tiburon
Ecumenical Association, a nonprofit organization, this past May. As part of the
preservation program (known as "Title VI"), HUD requires that buildings be fully
rehabilitated to ensure long-term viability and a safe environment for residents.
The rehabilitation phase is now about to begin. As we've discussed over the past
several years, the total amount of funding needed from Town of Tiburon for the
preservation of The Hilarita had been difficult to predict due to pending changes in
the program and other variables. Now that the acquisition is complete, the remain-
ing amount of funding that is required from non-HUD sources is more accurately
known. While HUD provided the majority of funds for the acquisition phase, the
remaining shortfall is a funding gap for the completion of rehabilitation. The
purpose of this letter is to let you know the balance of preservation funding that we
are now requesting from the Town of Tiburon. Due to our need to commence
rehabilitation quickly, we would like this request to be considered at your meeting of
September 6. 1995.
I. Background on Financing for Purchase and Rehabilitation of The Hilarita
For many years, the future of The Hil~rita was in limbo. Even in the past two to
three years, after Congress had authorized the Title VI preservation program, we
were unsure whether HUD could provide adequate funding to purchase the
complex given its high market value and pending HUD budget cuts. For this
reason, we have been keeping the Town informed of our progress and the status of
the HUD program. We had indicated that if HUD did not provide sufficient funds
for acquisition and rehabilitation, we would have no choice but to request signifi-
cant funding from the Town to preserve the affordability of the complex.
Mr. Robert Kleinert
August 23, 1995
Page 2
Fortunately, we persevered and purchased the building under the HUD program
before changes were made by Congress. HUD provided all of the money required
during the acquisition phase. This money was provided primarily in the form of a
BUD-insured second mortgage and additional rental subsidies.
After the completion of the acquisition by the new nonprofit organization, the
second phase of the HUD preservation program, rehabilitating the buildings to
preserve the physical structure for future generations, is required by HUD. As part
of the new HUD-insured second mortgage, HUD also provided us with approximate-
ly $1.7 million for rehabilitation. While the amount HUD provided is substantial,
there are still significant shortfalls in the rehabilitation budget approved by HUD.
Given the uncertainty we faced during the past few years with regard to the level of
HUD funding we might receive, it has been our approach to only request financial
assistance from the Town of Tiburon once the amounts were known and other
resources have been maximized. We have structured this as a two-phased process:
In the first phase, we originally requested and received an initial pre-acquisition
loan from the Town in the amount of $165,000 (of which most of the proceeds has
been repaid to the Town). The loan funds from this first phase allowed us to
conduct feasibility assessments, organize the new purchaser, and work with HUD to
maximize its resources and complete the purchase. Now that the purchase is
accomplished and we move on to the second phase, it is clear the remaining
funding shortfalls are minimal compared to some of the potential scenarios that we
had feared. However, shortfalls do exist as a result of the limitations HUD has set
through the funding for its rehabilitation phase.
The Hilarita is twenty years old, and HUD is requiring considerable renovation and
upgrades to bring the buildings to current HUD and Town of Tiburon codes and
standards, as well as to ensure its long-term viability. Despite the significant
amount of rehabilitation dollars provided in the new second mortgage, there are a
number of critical repair items that HUD either did not cover, or did not provide a
sufficient allowance for.
Now that the HUD numbers are final, we are in a position to request the final
preservation funds from the Town. The total amount we are requesting is $375,472,
of which approximately $143,000 is still available from the original predevelopment
loan (see below). Due to the need to commence rehabilitation as soon as possible to
avoid rain delays and the resulting increased costs, we would like to request consid-
eration of our proposal at the Town Council meeting of September 6.
Mr. Robert Kleinert
August 23, 1995
Page 3
II. Status of Town of Tiburon Predevelopment Loan
In a May 31,1995 letter sent to Robert Ewing by our consultant, Richard Mandel, we
provided the Town with information of the status of the $165,000 predevelopment
loan that was committed to us. To date, we have drawn down only $65,600 of the
total amount approved by the Town. Of the amount we drew down, HUD has
provided funds to enable us to repay all but approximately $7,000. As Mr. Mandel
mentioned in the letter, we expect to submit a draw for an additional $15,000 for
further predevelopment costs and inspections. In sum, we expect that the net
amount of only $22,000 will have been incurred by the Town and not repaid from
the transaction, We are thus pleased that we only needed to draw on a relatively
small amount of the funds thus far approved by the Town, and that we have been
able to repay the majority of the funds borrowed.
III. Request for Supplementary Preservation Funds
We are hopeful that the Town will agree to rollover the remaining portion of the
$165,000 loan (which is estimated at $165,000 less $22,000, or $143,000), and apply this
towards a request for funding for the second phase of the preservation of The
Hilarita. The total rehabilitation request to the Town is $375,472, which amounts to
an increase of $232,472 over the amount remaining from the original commitment
from the Town.
As mentioned above, HUD has provided us with $1.7 million to conduct extensive
rehabilitation of The Hilarita. Despite the fact that we have employed a solid repair
and maintenance program over the past twenty years, it is common for rental
properties to require an extensive rehabilitation as they approach the age of The
Hilarita, According to our consultant, the extent and nature of repairs for The
Hilarita is very similar to that required for other HUD-assisted buildings preserved
under the same program.
The repair plan for The Hilarita was prepared by an experienced architect and
general contractor. Additional consultants, including landscape architect, structural
engineer and an environmental consultant, have contributed to the plan. The plan
was designed to focus on life and safety repairs, conformance with updated code
standards, and comprehensive rehabilitation to reduce the need for on-going
piecemeal maintenance of many components. It is our intention that the proposed
rehabilitation will ensure the efficient operation of The Hilarita for many decades to
come and provide a safe environment for residents. In addition, the reserve for
Mr. Robert Kleinert
August 23, 1995
Page 4
replacement account described below will also help to ensure that long-term
viability of the
complex is maintained and that there will not be a need for additional repair dollars
in the foreseeable future.
Key components of the proposed rehabilitation include:
Retaining walls to prevent further erosion
Handicapped accessibility
Replacement of delaminating siding
Addition of grippable handrails
Asbestos abatement
Landscape/erosion repair
Dry rot repairs
Improved exterior walkway lighting
Electrical upgrading
(We would be happy to provide a full scope of work for your review at your request.)
This repair program was the result of extensive negotiations with HUD and our
consultants in an effort to seek as much rehabilitation funding from HUD as
possible, We conducted numerous meetings, prepared reports and on-going
revisions, and accompanied HUD on comprehensive walk-throughs. We fully
believe that we achieved the maximum level of HUD assistance possible.
Our request for additional assistance is based on the fact that HUD did not provide
adequate allowances in all areas. Attached is a description of nine items which we
believe were underfunded by HUD. The attachment includes the HUD allowance,
our total budget, and a description of what aspects were not covered by HUD. The
total amount of costs not covered by HUD, which is thus our request to the Town for
supplemental funds, is $375,472.
We believe that each of these items is critical to ensuring a comprehensive repair
program. We will be happy to provide additional information on any items if
requested.
With regard to the form that your funds could take, HUD may allow a residual
receipts loan to be secured by the property. The loan would be in third position, and
payments would only be made to the extent that there are excess proceeds remaining
Mr. Robert Kleinert
August 23, 1995
Page 5
from rental income after all operating costs and reserves are paid. Given the
affordable nature of The Hilarita, we do not expect there to be substantial residual
receipts for loan repayment. Town funds could alternatively be provided in the
form of an unsecured loan or grant to the new nonprofit. To ensure that funds are
only used for approved purposes, the Town could control disbursements in a
similar fashion to that already undertaken for the predevelopment portion of the
loan.
Please note that the attached budget request is based on estimates from our general
contractor, Within the next several weeks, the contractor will be receiving bids to
confirm the dollar amounts. While we would have preferred to wait until bids
were received before submitting this request, time is of the essence, as we need to
begin work as soon as possible before the rainy season starts. We expect to have
confirmation of the contractors estimates in early September. If we receive informa-
tion at that time that might affect this request, we will notify you immediately.
IV: On-Going Maintenance of The Hilarita
After rehabilitation is complete, The Hilarita will continue to maintain a compre-
hensive on-going maintenance and repair program. As part of the preservation
program, the new HUD loan also provided us with significant funds to capitalize a
reserve for replacement account. This account is used for replacement of major
building items as they reach the end of their useful lives over the next five to ten
years, e.g., appliances, roofs, etc. The replacement reserve account is controlled by
HUD and administered by the John Stewart Company, the property management
company. Additional deposits into the replacement reserve are made monthly from
rental income.
By combining comprehensive one-time rehabilitation with a substantial replace-
ment reserve account for future maintenance and repairs, we expect that The
Hilarita will be self-sufficient for many years into the future.
If you have questions or require additional information regarding this request,
please feel free to contact our consultants Katrina Bergen at (510) 530-4306 or Richard
Mandel at (510) 465-4933. I can also be reached during the day at (510) 823-0888.
Mr. Robert Kleinert
August 23, 1995
Page 6
Thank you very much for consideration of this request. Again, we appreciate all of
your on-going support, and we look forward to working with you as we begin the
next phase in the preservation of The Hilarita.
Sincerely,
(!~~
Carolyn Attkisson
President
encl.
cc: Richard Mandel, California Housing Partnership Corporation
Katrina Bergen, Project Manager
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TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTOR
MEETING DATE: 9/6/95
ITEM NO.: rt
FROM:
SUBJECT: Lot Merger: Request for Council Reconsideration. 2310
Spanish Trail; Jerome Bernal, owner.
BACKGROUND
Address:
Assessor Parcel:
Case Number:
General Plan:
2310 Spanish Trail
59-201-09 & 10
None
MH (Medium High Density Resid.) up to 4.4
du/ac.
16,500 total sq. ft.: 3,500 (09): 13,000 (10)
Vacant (09): single family residential (10)
R-1 (10,000 square foot minimum)
Mr. Jerome Bernal
NIA
Act Deadline: N/A
Lot Size:
Current Use:
Zoning:
Ownerl Applicant:
Date Complete:
Permit Streamlining
In January, 1995, the Town sent a notice to Mr. Jerome Bernal,
the owner of two assessor parcels of land off Spanish Trail, of
its intent to statutorily merge the parcels, since one of them
was substandard in size and undeveloped.
Mr. Bernal opposed the merger and following the procedures
prescribed by current State law, filed an appeal of the Planning
Director's determination to merge the properties. The appeal
hearing was tentatively scheduled for the April 5, 1995 Town
Council meeting.
Prior to the meeting, Staff discovered that the parcels had
already been merged by the Town in 1983. This came as a surprise
to Staff and the owner because the Assessor Maps continued to
show two separate parcels. However, the fact that the merger was
recorded in 1983 was beyond doubt (see Exhibit 1). Staff
informed Mr. Bernal that the property had been merged some 12
years ago and that the Town did not need to pursue new merger
proceedings. Mr. Bernal's appeal fees were returned.
In July, 1995, Mr. Bernal sent a letter (Exhibit 2) to the Town
Council requesting a reconsideration of the 1983 merger.
In his letter, Mr. Bernal asserts that he never received notice
of the 1983 merger proceedings, and that the Town Council should
neURON TOWN COUNCIL
STAFF REPORT
9/6/95
1
nullify the merger. Mr. Bernal's intent is apparently to perform
a lot line adjustment between the two parcels and construct a new
residence on the undeveloped parcel.
ANALYSIS
At the time of the Town's comprehensive merger program in 1983,
notices were sent to all affected property owners that their
properties were subject to merger. Notices were sent to all
owners as shown on the latest assessment rolls of the County.
The assessor rolls are updated each July by the County and
distributed to cities and towns. Mr. Bernal purchased the
property in September 1983, after the assessor roll had been
released. The Town sent out notices concerning the merger in
November and December of 1983, to the owner shown on the July
assessor rolls. This was the name of the property owner in July,
1983, David Kirchoff. Staff has no way of knowing whether the
notices, which were sent to 2310 Spanish Trail, were received by
Mr. Bernal, forwarded to Mr. Kirchoff, or returned to the Town.
The Town's file does not contain any returned mail for this
address.
In any case, Mr. Bernal states that he did not receive any
notices of the proposed merger, and had no opportunity to respond
to it.
Based upon a review of the files, Staff is of the opinion that
the Town Council would have merged the property in any event. It
appears that the Town Council took a firm and uniform stand in
1983, and that unless a property owner could show that a proposed
merger did not meet the statutory requirements for merger, the
parcels were merged. Mr. Bernal's parcels clearly met (and
continue to meet today) the statutory requirements for merger,
since one of the parcels is undeveloped and is less than 5,000
square feet in area.
The Town Attorney has reviewed the situation and opined that the
notice provided in 1983 was legally sufficient and that the
merger as valid (see Exhibit 3). The Town Attorney recommends
that the owner's request for nullification of the merger be
denied.
As the Town Attorney notes, the issue is rendered moot because
even if the 1983 merger were nullified, the Town would have the
right (and Staff would strongly recommend) that the parcels be
merged under current statutes. Staff's reasoning is as follows:
1. Location of the property.
The property is located in Old Tiburon, a dense neighborhood with
generally poor vehicular access. Old Tiburon is not regarded as
TlBURON TOWN COUNCIL
STAFF REPORT
9/6/95
2
an area where additional density would be considered a positive
change.
2. Substandard nature of the street access to the property.
Primary access to the property is from Spanish Trail, a narrow,
dead-end street. Secondary access to the property is from Vista
Del Mar Lane, a very narrow, substandard street which is more
characteristic of a private driveway rather than public road.
Only a portion of vista Del Mar Lane is pUblicly-maintained.
3. Substandard lots which would result from non-merger.
The property
square feet.
square feet,
sub-standard
is zoned R-1 with a minimum lot size of 10,000
Since the combined area of the parcels is 16,500
there is no arrangement under which creation of a
lot (or two substandard lots) could be avoided.
All of these factors weigh heavily in favor of lot merger, both
in 1983 and in 1995.
As one final point of clarification, Mr. Bernal's letter makes
reference to the O'Brien lot merger on Paradise Drive and Centro
East Street which the Town Council heard in 1993. The Council
determined that a merger from 4 lots down to 2 lots was
appropriate in that case, due to the particular circumstances of
the property and its surrounding pattern of development. The
O'Brien case presents an entirely different set of facts than the
Bernal case, and in Staff's opinion is not comparable. In merger
appeals, each case is examined individually, and precedent is not
an issue.
RECOMMENDATION
That the Town Council deny the owner's request for nullification
of the 1983 merger of the parcels.
EXHIBITS
1. Notice of Merger recorded December 30, 1983.
2. Letter from Jerome Bernal to Town Council dated July 26,
1995.
3. Memorandum from Town Attorney dated August 31, 1995.
\scott\bernal.rpt
TlBURON TOWN COUNCIL
STAFF REPORT
9/6/9 5
3
1
iJ 3 0 6 5 ~ 2 I
.
o
RECDll0ED AT REQUEST OF
".\Gi.:j\1!~Y ShO~-'!N
Recording Requested by:
AT--12-IIIN. P~,'.1.
UtC 3 01983,
CflicJzI Records of Marin County, C;[~.
L...P.,--.. ~t_,.....
I~ I
FEE S 0 j:"("i ~ECOI'\DER
,-,,,-
'"<>TOa
TOWN OF TIBURON
AND WHEN RECORDED RETURN TO;
TOWN OF TIBURON
1155 Tiburon Boulevard
Tiburon, CA 94920
NOTICE OF MERGER
(Pursuant to S66424.2 of the California Government Code)
NOTICE IS HEREBY GIVEN that the following described parcels of
real property located in the Town of Tiburon, State of Cali-
fornia, ~re merged and shall constitute one parcel of land pur-
suant to Government Code Section 66424.2 and Tiburon Municipal
Code Section 14-72.
Prooer-ty Owner(s) of Record as shown on the latest equalized
assessment roll:
DAVID KIRCHHOFF
Assessor's Parcel Number(s):
59-201-09
59-201-10
Note: The descriptio~ has been received from others, and neithcr
the Town of Tiburon nor any of its officers or employces
assume responsibility for the accuracy of said descrip-
tion.
Dated:
December 30, 1933.
Tm.JN OF TI BURON
By
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/0'i{/lh/ -~--"d."'fL---'
I<bbert L. K1clll<-'t.t,
Town Hallauer/"fOWfl Cl~rk
EXHIBIT NO.--L
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Jerome ]. Bernal
2310 Spanish Trail Road
Tiburon, California 94920
July 26,1995
~~e~n~E[Q)
AUG . 1 \995
TOWN MANAGER'S OFFICE
TOWN OF TIBURON
Tiburon Town Council
Town of Tiburon
1155 Tiburon Boulevard
Tiburon, CA 94920
RECEmED
AUG 0 8 1995
Dear Council Members,
TOWN OF T!3URO;'>J
r:Lk;~N!f\:G & 8UILDING DEPT.
I was recently made aware that two lots, one that I live on, were merged by
the town without receiving any notification. It is required that property
owners receive proper notification prior to their lots being merged. I had
purchased the properties in September of 1983 as t\\'O separate parcels. I had
then and am still receiving two individual tax bills for the separate parcels
(enclosure).
I spoke with the Planning Director about my plans to build on the lot
adjacent to my home at 2310 Spanish Trail Road. At that time Mr. Anderson
informed me that the lots should be merged because an undeveloped lot
adjoined a developed lot. Thereafter he sent me a notice of the Town's intent to
merge the lots according to Section 14-8.4 of the Tiburon Subdivision
ordinance. After receiving the notice, I submitted a request for an appeal
(enclosure). The Planning Director, then informed me that he discovered that
the lots were merged twelve years ago. Reviewing the merger in the Town
archives, it was discovered that a notice was sent on December 30, 1983, to the
pervious owner David Kirchoff (enclosure). Myself, the current owner as of
September I983 received no notification. Although according to Mr. Anderson,
there does not appear to be a clean copy of the government code, a
memorandum to the City Council and Planning Commission (enclosure) states
that "the City must give the property owner notice thirty days notice prior to
recordation." Having received no notification, I feel that I was not properly
notified making the merger invalid according to Government Code Section
66424.2.
The reason I am concerned that the lots were merged and would like them
reinstated to their original status of unmerged and separate is because I would
like to build on the adjacent lot.
I believe that the intention of the merger ordinance was to limit density by
preventing houses from being built on undersized lots creating density by
overcrowding. Parts of Tiburon, particularly Old Tiburon and Lyfords Cove,
were the lots are located, have several areas were there is too much denSity of
small homes on small lots. However, if someone has forgone
development but waited to do infilling of property that is less
dense than any of the surrounding properly should they be
punished while their neighbors are allowed 10 enjoy more
density?
My two lots combined are 16,480 square feet. Two lots would create lots in
excess of 8,200 square feet each. In addition both lots have access from two
separate roads, allowing easy access. Lots in the area currently range from
7,500 to 3,895 square feet in size. The division of luts of the O'llrian trust
located down the road at 2260 Paradise and Centro East, were adjusted for lot
sizes of 7,235 each. My lots would be larger than what is currentl\' in the
neighborhood. Two lots would preserve the architectural integrity of the
,: .1!.;XHlbl'l'.t'cv.~
neighborhood. The creation of one large single residence on the combined
lots would be out of harmony with the neighborhood.
The Town Attorney, Rob Uing recomniended that I ask the Town Council to
hear my request to realign the lot lines to allow for two buildable lots before
going through the fonnalities of nullifying the merger. I am not sure if this is
possible without going through the entire fonnal process, but wish to settle
this amiably. Your help with this would be greatly appreciated. As a Tiburon
resident for over twenty years, I realize that the Town will continue to change.
We must monitor those changes to create a better community we can all enjoy.
!2'nterelY, /2
-,~ D~L
Jerome Bernal
Encl.: 1994-95 Tax statement
Notice of appeal
Notice of merger 12/30/83
Memorandum City Council and planning Dept. 12/1/83
cc:Rob Uing
MARIN COUNTY SECURED TAX STATEMENT July 1,
. ,. .; ~~"l:t _ '.: ,:." A, ~
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,Pt,RC[L ~.uMUEH DILL NUMAER TAX RATE AREA .
FULl/ASSESSED VALUE GROSS TAX A..10UNf
I I 94-66145 I EXEMPTION DETAIL
5~-'201-10 11-008 dO : 3,b~5.ji
LAND 181,322 7,UOC .", ;.i:,c{',.-,~ ": r"~v:;.:L[ '.: 'Hi
'" '" , , , ,. , . . ,., "'Q121,896 I" ,;' ~:[ "~"~L', C "C','; L}~~, ~~ ",-,0: " .
'u Ht.'fI.;;G~.""
I M" ........1...
BE~:~AL JEROME J ...
'"' I
2310 SPANISH TRAIL RD ........-. ""'," I" 7lJ.4j
"''' I
TI DU~ON CA 94920 NET VALUE NETTAX PAYABLE
I TOTAL 303,218 296,21S 3,564.94
I RATES AND DISTRIBUTIONS OF AMOUNTS BY TAXING AGEr-.CI(S
TAXING AGENCY LtVY RATE I FUND A~'OUNT
, BASIC TAX 1.0000 2,962.16
L 0
PLEASE MAKE CHECKS PAYABLE: MICHAELJ. SMITH, TAXCOLLECTOA CITY BONDS 1 .0060 17.7",
,. TI8URON FIRE 3 105290 75.00
318 SPANISH TRAIL RD TIElURor~-SANI :3 105421 3ULJ.OG
ELVEDERE-TIBURON REED SCH ASSMT 3 107351 'ib.OG
TAM UNION HSDIST 3 107761 'i6. UU
I DUi\m~ FIRE 415 435-7200 LIJRAR Y ZONE ~2 3 109130 3 ~ . UU
IBURON-SANI 415 435-1501
EED SCH ASSMT 415 435-7844
Af-i u,~ION H3DIST 415 927-8350
ALUATIUNS 415 499-7215
--------- NEW CHARGES -----------
IBi\A;>'Y ZONE #2 415 499 -6 0 5,
..' i:~ :1 ~'~ 7'/1,'~ T I (} l\.;
'::;; <;. i L li~, . ,',r:,i\d sure i, Ie ~ Gur GilL
-:~.." j 'r \.:n:~!'(:t be r"?sr:'on~ib'e for
.. ":>:.'::: '.;;':.::':::,e si,je f..-r afjdit:S';lGi
I
TOTAL 1.00bO 3,50';.,4
1 ST INSTALLMENT 2ND INSTALLMENT TOTAL TAX
1,792.47 1.792.47 3,554.94
10% PENALTY AFTER 00' PENALTY... 10,00 COST
DECEMBER 1011'1 AFTER APRil !OIr1
1'1 '14 to June 30, 1 '1'1 b
QUESTIONS: ON PAYMENTS CALL 499,6133, ON VALUATIONS CALL 499,7215
,u
2
a
T
T
R
T
V
,
'-
MA~IN C(J0Nl Y SECURED TAX STATEMENT July 1,
'.. ~ . ~.; '. ~ "
~
BILL NUMREA TAX RATE AREA. FULL/ASSESSED VALUE EXEMPTION DETAIL GliOSS TAX "'''IOU~;T
I 94-66144 I 11-008 S 7:J. .:h]
,~o ,31,99b 1 '., "I .~...,. ',~ .; ",;,,-.;,,; . " -..,
, ." . '"' 1 ,1"~ ,....~, I:' "~"." '...,,~, ~;F_.. .
'.. -,tl." '".',,~;;...
IMPR ,I
on..
M 1 I
AIL RD r
''"' ,
0 NET VALUE NETTAXPAVABLE
TOTAL 31,996 ~1,99" 576.5c
RATES .../'.;O DISTRIBUTIONS OF AMOUNTS BY TAXING AGENC;!':S
TA)(ING AGENCY lEVY RATE I FUND M..IOUNT
BASIC TAX 0 1.0000 ~19.96
HAEl J. SMITH, TAX COLLECTOR CITY BONDS 1 .006U 1.90
TIBURON FIRE: 3 105290 2S.CC
L RD REED SCH AS S~IT 3 107351 i ~6. ~LJ
TM! UNION HSUIST 3 1'-'7761 I 'lc.Ju
LIBRARY lJNE ,-;2 3 1J913Ll I 3~.OL:
415 435-7200
415 435-7844
415 927-8350
415 499-7215
IARG ES ,
-----------
415 499-605 '
.: ~.: ''')R ~';lA T:Oi.!
(,laKe sure ,t is ~r_u( DliL
f~<.t be r'S'sponslbip kJ( !
~-2t::' ~;ids. f,:: 3.cd;!!.:;nci i
i
I
TOT AL 1.Ll06::J 570.66
1 ST INSTALLMENT 2ND INSTALLMENT TOT~l T~X
22>8.43 2c:i.43 57b.c6
lQ":, ?E~:AUY AFTEH , ,'F ~;A~ r ',' . .
CECE,'.'2ER 10!,~ .;,CTC;j;''''':, ""
1"j 'j ~ to June 30, 1"j, ~
OUESTIONS: ON PAYMENTS CALL 499,6133, ON VALUATIONS CALL 499,7215
r05'i~2U1-09
I'
~ I' .f
. 'f- . .
i3=R:'~AL JEROME J
2310 SPANISH TR
TILlURON CA 9492
PLEASE MAI(E CHECKS PAYABLE: MIC
2310 SPANISH TKAI
TI8URON
TloURUN FI~E
REED SCH A~SI1T
T.;I, UNION HSDIST
VALUATIONS
---------- NE~ Cr
U[JQAi<Y ZONE ..2
:I .... ; ;' i? ( i.J " '~i
,i:
"
i.o.tt" ~r' '.,_
-_,_ ":'1...
"'- . " "11
TOWN OF TIBURON
NOTICE OF APPEAL
APPELLANT:
Name:
Jerome Bernal
Address:
2310 Spanish Trail Road
Telephone: 435- 2 565
435-2565
(work)
(home)
ACfION BEING APPEALED:
Body: Planning Department
Date of Action: February 22,1995
"
Name of Applicant:
Jerome Bernal
Nature of Application: Non merger of lots/ Adjustment of lot lines
GROUNDS FOR APPEAL:
The creation of one large lot would be out of harmony
with the neighborhood. Adjusting the lot line would
allow two lots in excess of 8,000+square feet. This
would conform more with the 7.500 square foot size lots
in the neighborhood. The locs could have access from eicher
of two bordering streecs. This would conform more with the-
architectural integricy of the neightornood. Denial would
be inconsistent with the privileges ~ran~ed and enjoyed
by other properties in the vicinity and in the same or
similar zones.
Last Day to File:
3/6/95
Date Received:
3/2/95
Fee ($300.00) Paid:
- - :C(//~
"n/It_ .
~/_L, c,.~-
Date of Hearing:
/
~.:::-.:~..~ .
1
o
Recording Requested by:
RECORDED AT REQUEST Of
:~.G[::-!(;y SHO~''.'N
TOWN Of TIBURON
ATA/JIN. p;.s;:/,L,lsi).1.
UtC301983 .
Clfkid RlCOI'ds 01 MarIn County, C;::~.
......""'-- ~t.,~
l~ ~
FEE $ 0 Pr...", .AtCOf;O~R
"Cero,]
AND WHEN RECORDED RETURN TO;
TOWN OF TIBURON
1155 Tiburon Boulevard
Tiburon, CA 94920
NOTICE OF MERGER
(pursuant to 566424.2 of the CaliEorni~ Govecnment Code)
NOTICE IS HEREBY GIVEN that the following described ~arc~l~ of
real property located in the Town of Tiburon, State of Cali-
fornia, ~re merged and shall constitute one parcel of land pur-
suant to Government Code Section 66424.2 and Tiburon ~lunicipal
Code Section 14-72.
Prooerty Owner(s) of Record as shown on the latest e~ualized
assessment roll:
DAVID KIRCHHOFF
Assesso~'s Pa~cel Numbe~(s):
59-201-09
59-201-10
Note: The desc~il)~io[. has been rcceived fr'oJ.l other'S, c1rl'.~ Ilt..'i::.~,..'::
the Town of Tiburon no~ a~y of its officers or cm:,10~'I'~S
assu~e responsibility fo~ th~ accur~cy of said ~cscr~~-
tion.
Dated:
D'::cumb.::r 30, 1933.
TO',.'N OF Tlf1URiJ;..j
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:s TJIIURQr>I BOULEY"RD . TlBUIION . C"'lI~OIlNI" .H:O . lOl" 'Jh.~"
November 29, 1983
to Record Notice of ~ergcr
Nos: ...:;-9- ;)01- 09 ~/o
o you that the Town of Tibu~on intends
corder of ~arin County, a Notice of
ibcd property. A public hC3ring b~fo~c
:30 ?m. on December 19. 1983, ..It. :.h~
Way, Tiburon, California, ~~ ~hich
may present. evidence dc:nonst.c.J.ting
t be recorded.
inance enacted pUrsuant to St3te l..lw,
ciguous parcels of ldnd which ..lee
, thereby becoming just one ?..lrcel,
~s not deve10::)(~d .....it!1 a bUl:di:1g .l!ld
Irccls is s~aller t.hc1n Lhc ;aini::;~Tl lot
~din.)nce. Even t~:::ugh lhis ):....l$ !::Jc2~n
:f it.
I, I - ,
t1gUOUS parce s rcrcr~n~cc '~JV~ :~~y
'r ordi:-:unce. Sta~e 1..:;....., rc' :\: :','3 ~holt
r" if it cecc;r:cs 2'....C1L.C ~l,,;: ':,":"':'"!,j
d. The o'..Jner of '~3.ch ;~'-;r-l,"-:~ ,,~ :'--.:c,:t,_'d
'a.~ing bcfo:::c the 1'o',.n (' Al!.,',; ;:-!.'_':-
~s-=r, at '...'hic:-t ti:nc h~'o[" );0.:]lY
i Silid ~;otice s!-.ould :lot b~ __..:'..:-<.1.
~nliS~~S ~~c crit0riJ
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TOWN OF TIBURON 1155 TIBURON BOULEVARO . TIBURON . CALIFOR,"IA 9'",0, ""'''',7373
FAX (15) 435-2438
Planning & Building Department April 25, 1995
Jerome Bernal
2310 Spanish Trail
Tiburon, CA 94920
RE: INFORMATION ON PARCEL MERGERS COMPLETED IN 1983
Dear Mr. Bernal:
I have assembled additional information from the Town1s 1983
merger file per your request. I have not found a "clean" copy of
the December notice merging your property, but have previously
sent you the best copy available.
I have enclosed an earlier notice sent to property owners on the
same subject, dated November 29, 1983.
Concerning section 664212 of the Government Code, this section
was repealed in 1984 an~ I do not have a copy of it. Some
information on this statute is provided in the attached memo
dated 12/1/83.
I hope you will find the information useful.
S.i~cere. ly, U)
(i j / /
,;;r~-4:; ~ncl/~
Scott Anderson
Planning Director
\scott\bernalZ.ltr
,
~
QI /0/;;Y3
[
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~
!:!'~!:!'Q~!:.!!..!!.~!:!.
TO: City Council and Planning Commission
,
FROM: City Attorney
SUBJECT: New Merger Legislation
On September 15, 1983, the Governor approved AB 2010 which will repeal
the old merger law (Govt. Code 566424.2) as of January 1, 1984, and replace
it "ith new provisions for merger, and for unmerger, of certain parcels.
Until January 1, 1984, the City may continue to merge parcels pursuant
to Go";t. Code 566424.2 and Tiburon Municipal Code 5 14-72:- These laws
provide that, where two or more contieuous parcels are held under common
o\,~ership, where at least one of those parcels is unimproved with a struc-
ture for ~hich a building permit ~as issued (or ~hich was built before such
permits were required), and where anyone of the parcels does not meet the
minimum parcel size for the zone, then the parcels shall merge.
Section 66424.2 requires a city to record a notice of lnerger when it
becomes a~are that such parcels exist in the city. Section 66424.2 also
mandates the city to notify the affected property O~ner at least thirty days
prior to recordation of the notice, informing the Owner of the city's inten-
tion to_merge the parcels and designating a time and place at which the C'.~llcr
may present evidence to the City Councilor to an advisory agency, as to ~ilY
the parcels .should not be merged. It should be noted that 566424.2 (c) re-
quires only.t:,hat the OWner be notified thirty days prior to recordation, not
that the ~~rJng be h~ld thirty days prior to recordation.
AB 2010 takes effect on January 1, 1984, although certain provisions \Jill
not become operative until July 1, 1984. AB 2010 provides that a city which
113S a merger ordinance in effect prior to Jalluary 1, 1984 must, by Jtinuary 1,
1986, record a r.otice of ~erger for those parcels which have T.erged Frio~ ~o
January I, 1984. In addition, AB 2010 provides procedures for notif:,:i:1/3 ,,11
property owners within a city having a merger ordinance in effect ?ricr to
January I, 1984, that contiguous parcels within the city !~3Y h~ve c2r~eJ.
O\.Jners of property for: '..;hich no ~otice of merger hJ.s been rcco~dcd, L:2.Y l::,'n
request a determination of tIle st3lus of their lots.
Upon such an ~pplication by a pro~crty owner, and llpan p3;~lcnt ot :~c~
'..Jllich the city i.s .JuLhorf7.cd to cll.:1rge to covcr the costs of dc.i:~r:;:.:.r:;jLi(;!1,
the city must lIl.1ke a Jctccl:d.n.1tion of the ~t.Jtus of the parcels. If ~:;C~
ciLy deter'mines [11,]t L~lle lots hJ.vc not i:1err,cd, it 17'lUSt so ooti:y t~:e ,~:!~( ,_
If tile city clctel:r.1in<2s Lhat lots h.:.lve Jj1crgcd, it Inust so notif:/ cl~c. '"".;[1(;[',
and r~cord a notice of :nerger.
The city must 31so Jetcrmi.nc whethel:" lot:..> which '.Jcre i)rL:'/i.wu~ly "_" ':,
but [01:" '"rhicl1 no :lotlct: o[ I\H~q;cr ',.);15 recorded, must be deemed u111;JcrLl:d Lt:~--
C.1.u~e, ~lS of Jal~u.Jl-Y 1, 198/" tl1~y Inct certain conditions for L:r:~er0cr ~,(~t
TOWN OF TIBURON
1155 TIBURON BOULEVARD. TlBURON . CALIFORNIA 9~9~O . (-lIS) .B5-7373
FAX (-1]5) 435-2438
BY FACSIMILE AND HAND DELIVERY
MEMORANDUM
TO:
Scott Anderson
Planning Director
FROM:
John E. Sharp
Interim Town Attorney
RE:
2310 Spanish Trail Road:
Request of Property Owner to Nullify Merger
DATE:
August 31, 1995
The owner of the above-referenced property, Jerome J.
Bernal (hereinafter "owner") has requested that the Town nullify
the effect of a merger of parcels 59-201-09 and 59-201-10_ Notice
of said merger was recorded December 30, 1983. The owner states,
as a basis for his request, that he did not receive appropriate
notice of the merger. For the reasons set forth below, I believe
the applicant did receive proper notice and, therefore, that the
merger should remain in effect.
California Government Code ~66424.2, effective as of the
date of the subject merger, sets forth the mechanism and grounds
for merger of contiguous parcels. The subsection of ~66424.2 that
applies to the owner's stated basis for nullification of the merger
is subsection (c). That subsection provides:
"Whenever a local agency has knowledge that real
property has merged pursuant to this section or a
local ordinance enacted pursuant to this section,
it shall cause to be filed for record with the
recorder of the county in which the real property
is located, a notice of such merger specifying the
names of the record owners and particularly
describing the real property, provided that, at
least 30 days prior to the recording of the notice
the owner of the parcels or units to be affected by
the merger, sha 11 be adv ised in wr i ting of the
intention to record the notice and specifying a
EXHIBIT NO. 3
Scott Anderson
August 31, 1995
Page 2
time, date and place at which the owner may present
evidence to the legislative body or advisory agency
as to why such notice should not be recorded."
The owner's complaint arises out of the fact that the
notice required pursuant to 566424.2(c) was served on the prior
owner, David Kirchhoff. Mr. Kirchhoff appeared as owner in the
assessor's roll, during staff's customary review of that roll,
prior to issuance of the required Notice of Intent to Record Notice
of Merger. Section 66424(c) requires that, at least 30 days prior
to the recording of the notice, the owner of the parcels or units
to be affected by the merger shall be advised in writing of the
intention to record the notice, and specifying a time, date and
place for the owner to be heard.
Neither 566424.2 nor case law provide guidance as to the
proper mechanism for a municipality to determine the owner of
property for purposes of satisfying the requirements of
566424.2 (c); however, the merger statute is a portion of the
Subdivision Map Act, which, at 566424 defines "subdivision" as:
"The division, by any subdivider, of any unit or
units of improved or unimproved land, or any
portion thereof, shown on the latest equalized
countv assessment role as a unit or a contiguous
unit ..." (Emphasis added)
The "latest equalized county assessment roll" is def ined,
at 55 Ops. A.G. 414, as that existing on the first Tuesday after
the third Monday in August. Assuming said roll to have been the
one relied upon in determining the owner of the subject property,
it is my opinion that notice was proper.
Mootness:
Any argument raised by the owner with regard to the
notification process is rendered moot by the fact that, even were
the prior merger to be nullified, under the current merger statute
(Government Code 566451.10, et ~.) the subject parcels are
capable of being merged. The owner would have no discretion or
ability to prevent such a merger. Accordingly, the practical
effect of nullification would be moot.
Scott Anderson
August 31, 1995
Page 3
Conclusion:
The subject parcels were
December 30, 1983, consistent with
effective merger statute. The owner's
the merger should be denied.
JES/ed
Q:\MSB\0633\IO\M I-SA
properly merged effective
requirements of the then-
request for nullification of
jf,~,"~c;) ~
Interim Town Attorney
TOWN OF TIBURON
STAFF REpORT
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
SOLID W ASTE/RECYCLING CITIZEN'S ADVISORY COMMITTEE
September 6, 1995
ITEM NO, 9
BACKGROUND
Because of the State-mandated AB939 Solid Waste Diversion Goals for cities and
counties, there has been considerable local activity associated with various waste
diversion/disposal and recycling programs in the past few years, One suggestion was for Tiburon
to consider forming a Solid Waste and Recycling Citizens Committee,
The primary role of such committee would be 1) to advise and recommend to the Town
Council specific waste management and recycling programs, and 2) to implement diversion and
recycling activities with the franchise hauler and provide appropriate education and information to
the community regarding such programs, These include, but are not limited to, recycling,
compo sting, green can program, mulching/chipping, newsletter, etc, The Committee would not
be involved in franchise or rate analysis reviews,
RECOMMENDA nON
I) Consider establishing a "Tiburon Peninsula Solid Waste & Recycling Advisory
Committee" with representatives from Belvedere and Tiburon,
2) Consider a Citizen's Committee which would include five (5) members (2 - Tiburon, 2-
Belvedere and 1- Business Community)--appointed for three-year terms, Tiburon and Belvedere
Town/City Managers to serve as ex officio members and to assist the Committee,
Mill Valley Refuse Service supports the concept of a Citizens Advisory Committee and
working with such Committee to attain Tiburon's diversion goals,
If Council is supportive of this concept, it is recommended that the matter be discussed
with the City of Belvedere at the next Mayors & Vice-Mayors' meeting,
RL. Kleinert
TOWN OF TIBURON
8T AFF REPORT
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN ENGINEER
DOWNTOWN MAIN STREET - ADA
September 6, 1995
ITEM NO,
/0
BACKGROUND
In order to have a more realistic cost estimate for the proposed raising of Main Street, I
contacted Ghilotti Construction Company of Santa Rosa and received a lump sum
proposal of $144,000 (copy attached), Of course, if and when we get to the actual
implementation stage, we will have to go through the formal bidding procedures
I would also point out that this cost estimate is based on conceptual plans and an
asphalt street with exposed aggregate concrete sidewalks, If we upgrade the surface
textures, it will be more expensive,
RECOMMENDATION
I recommend that we continue to focus on my previous budget of $150,000 to
$175,000
Additionally, I suggest as a next step that we meet with the property owners and review
this concept versus individual ramps,
Sia Mohammadi
Town Engineer
SM/jp
Exh, 1 - Ghilotti Estimate
08-29-1995 16:08
7075851601
GHILOTTI CONST CO
P.01
August 29, 1995
Town of Tihuron
1155 Tiburon Boulevard
Tiburon, CA 94920
Alln:
Mr. Sia Mohammati
Town Engineer
Re:
Main Slreet Improvements
Dear Mr. Mohammati:
We are pleaaed to submit. tentative price for the street improvements to Main Stree, as .hown
on preliminary drawin,~s by Lawrence P. Doyle. Sheet 1 or I, dated 7/31/95.
Our scope of work will intlude ihe Collowing items:
1. Grind and plug with AC the existing street, then overlay with 1-1/2' AC the
entire ~tl.eet.
Approximately 11,400 SF
2. Install trench or slolled drain on each side of the street parallel to the existing
gutter, c'lmplete with connections into existing D.I:s.
Approxi,nately 655 LF +/-
3. Install e:(pll.ed aggregate sidewalk between the trench drain and st<Jre flOn,..
Sidewalk tll match grades with the store front stoops.
Approxbnately 3,500 SF
4. Provide cxlosed aggregate con.,ete transition from the hrkk crosswalk to the
new asphalt section or an acceptable alternative negotiated with the Engineer
and Owners.
5. We will provide traCfic control, Clag persons when required, temporary and
permanent .trlping.
6. Our wo,'k is predicated on dosing one-halC DC the street at a time, or an
acceptable and reasonable amount of the street to allow for adequate production.
7. We have nut included any night work in our costs.
Our price for the aho\'e-Inentioned work is: LUMP SUM - $144,000.00
If you have any question, or require additionallnCormation, please do not hesitate to contact
the undersigned.
SiB;~~'4
Dean ~~~;;--:7
Chief Estimator
-' Engineering Contractor -
lI48 GHILO'lTl ,WENUE. BANTA ROllA. CA 85407.707-5116-1221 . FAX 707-58&04128
ITATI CCNT'IUrC'1'ON UOINaIi ....,.
:CleM No. / /
TOWN OF TIBURON / 1995 GOALS & OBJECTIVES
APRIL 1995 RETREAT GOALS
STATUS AS OF SEPTEMBER 1, 1995
Complete Microfiching Records (back-log)
Harroman Land Use Approvals
Shoreline Clean-up
COMPLETE
COMPLETE. NEXT SEPTEMBER 23,1995
Develop One- Year Budget for 1995-96
Establish New Library
New Computer Equipment
Open Space, Public/Community Ceremony
Purchase Harroman Property
Re-evaluate False Alarm Ordinance
APPROVED
JP A ADOPTED
INSTALLED PLANNING ADMINISTRATION
OLD ST HILARY OPEN SPACE DEDICATED
PURCHASE & CELEBRATION PENDING
CHIEF TO MEET WITH PUBLIC SERVICES
COMMITTEE
Adopt Street Improvement & Maintenance
Program
Develop Equipment Depreciation Allowance
Downtown Railroad Marsh Maintenance Program
Leaf Blower Ordinance
Resolve Corinthian Stairs Problem
Upgrade Communications System
Replace Public Works Trucks
2 YEAR PROGRAM ADOPTED
APPROVED IN BUDGET, LONG-RANGE
PENDING
APPROVED IN BUDGET, PENDING
RECEIPT OF FrNAL BIDS FOR PROJECT
REFERRED TO COMMITTEE
NEW STAIRS UNDER CONSTRUCTION
IN PROGRESS
BUDGET ADJUSTMENT, PURCHASE
TRACTOR MOWER INSTEAD
Community Survey, Police Services
Green Can and Yard Waste Program
Purchasing Procedures Ordinance
PEt\TDING
PILOT PROGRAM UNDER WAY
DEFERRED FOR TOWN ATTORNEY
Complete Blackie's Pasture Parking & Minor
Improvements
Complete Tiburon Ridge Trail
Revise Personnel Rules and Regulations
Develop Emergency/Disaster Information Page
COMMENCE PARKING IMPROVEMENTS IN
SEPTEMBER
COMPLETE, EXCEPT FOR DESIGNA TrONS
DEFERRED FOR TOWN ATTORNEY
TO BE CONSIDERED BY NEW DISASTER
COUNCIL
Complete Downtown Parking Study
Council Workshops with Heritage & Arts and
POSC
Mill Valley Refuse Franchise Agreement
Revised Forms for Consistency (Planning)
Traffic Ordinance Revisions
Update Municipal Code
PARKING COUNTS IN PROGRESS
REFER TO NEXT TOWN COUNCIL
PENDING, SCHEDULED FOR OCTOBER
DEFERRED FOR TOWN ATTORNEY
SCHEDULED FOR PRINTING IN OCTOBER
Community Development Fee Schedule
Conduct Emergency Disaster Operation Exercise FOR CONSIDERATION BY NEW DISASTER
COMMITTEE
Ferry Dock Improvement & Realignment Project RESCINDED
Implement Volunteer Program POLICE
2
ADA Compliance
APPLICATIONS UNDER CONSIDERATION
Development of New Revenue Sources
Develop New Guidelines for Front Yard Fences
Resolve Drainage Problem, Place Moulin at
SugarIoaf
Update Hillside Design Guidelines
Traffic Circulation & Parking Studies
IN PROGRESS
1996
Implement Community Oriented Policing
Program
POLICE
Incorporate Secondary Ridgeline Policy (into
General Plan)
C01\1MUNITY DEVELOPMENT
Revise Chapterl4B, Public Facilities Fees
Revise Chapter 19, Encroachment Permits
Revise Chapter 13C, Septic Tanks
COMMUNITY DEVELOPMENT
New Town Hall
DOWNTOWN TOWN HALL DESIGN PHASE
& NED'S WAY SITE UTILIZATION
PROGRAMS UNDERWAY
Zoning Ordinance Amendments, minor
,
~
Elephant Rock Renovations
ON-GOING INSPECTION, NEW DESIGN
UNDER CONSIDERATION
SCOPE OF SERVICES BEING PREPARED BY
PLANNING STAFF
BLACKIE'S PASTURE RULE 20A
UNDERGROUNDINGSCHEDULED
Paradise Drive Pre-Zoning
Undergrounding of Utilities, on-going
4
"
.JkN 40. /2.
PARKS & OPEN SPACE COMMISSION
MINUTES NO, 133
CALL TO ORDER
Chair Ferro called the regular meeting of the Parks & Open Space Commission to order at 7:45
PM, Tuesday, August 8, 1995, at Tiburon Town Hall, 1155 Tiburon Blvd" Tiburon, CA 94920,
1. ROLL CALL
PRESENT: COMMISSIONERS: Eth, Rony, Snow, Sullivan, Wiviott, Chair Ferro
EX-OFFICIO:
Secretary McVeigh
II, APPROVAL OF MINUTES
MOTION:
Moved:
Vote:
to approve Minutes No, 1320fJuly 11, 1995, as presented
Eth, seconded by Sullivan
AYES: Unanimous
III. SWEARING IN OF NEW COMMISSIONER
Secretary McVeigh administered the Oath of Office to newly appointed Commissioner
Mindy Canter. Being duly sworn-in,Commissioner Canter took her seat on the
Commission,
IV. PUBLIC OUESTIONS AND COMMENTS
There were none,
V, BUSINESS ITEM
1. EXPLORATORY DIG - SOUTH OF KNOLL PARK
Mr. Eric McGuire, Chief Environmental Officer for MMWD, reviewed a proposal to
conduct an exploratory dig on the Knoll in the vicinity of the Eucalyptus grove, The
purpose of this dig is an attempt to document the structure that was once there and
determine ifit was occupied, This proposal is on behalf of Philip Frank, Director of the
Sausalito Historical Society, who has been working with MMWD and Tamalpais State
Park documenting early cabin sites on Mt. Tamalpais and early residential sites in
Southern Marin,
POSC MINUTES NO, 133
8/8/95
1
"
Mr, McGuire indicated this would be a one-day dig in which metal detectors and shovels
would be used, They would dig up artifacts, develop a'report and offer any findings to the
Landmarks Society, Mr, McGuire indicated the dig would take place in October or
November. The earth would be turned over and when through put back and re-seeded,
He indicated he would not expect to dig any deeper than 5',
Commissioner Sullivan questioned when the cabin was supposed to be at this site, Mr,
McGuire indicated around the turn-of-the century,
Commissioner Rony recommended that some sort of signage be used to indicate what is
taking place, Mr. McGuire recommended using MMWD barriers,
MOTION:
to approve a one-day exploratory dig at the site approximately 50' west of
the railroad right-of-way for the purpose of dating and defining the site; the
dig to be conducted by Mr, Frank, Mr. McGuire and Mr. Macintosh, This
dig is to take place on a week day and some appropriate signage to indicate
to the public this is a Town approved exploration; that Town Staff be
notified as to the specific date of the dig; upon conclusion the Parks &
Open Space Commission be provided a report of the findings in writing or
verbally
Moved:
Vote:
Rony, seconded by Wiviott
AYES: Unanimous
VI. STATUS REPORT
2, Coastal Clean Up - September 23, 1995
Commissioner Sullivan reported Coastal Clean Up Day will be held Saturday, September
23,1995, After discussion of previous Coastal Clean Up preparations, Commissioner
Sullivan noted he would like to coordinate this clean up with Belvedere, the Joint
Recreation Department, Strawberry Recreation Department and Blackie's Brigade,
The Commission requested the regular meeting of September 12, 1995 start at 7:00 PM,
and that Lisa Klairmont be invited to attend so the Commission can honor her years of
service on the Commission,
VII, ADJOURNMENT
The meeting was adjourned at 9: 15 PM, Tuesday, August 8, 1995,
POSC MINUTES NO, 133
8/8/95
2
r
ATTEST:
JOANNE FERRO, CHAIR
PARKS & OPEN SPACE COMMISSION
HEIDI MCVEIGH, SECRETARY
POSC MINUTES NO, 133
8/8/95
3
TOWN OF TIBURON
MEMO
IIe~ a. /}
To:
From:
Subject:
Date:
R. L. Kleinert
Victoria Arnett
Teather Park
August 31,1995
At the December 5, 1994 Town Council meeting, the Council approved a change in the Naming
Policy submitted by the Heritage and Arts Commission recognizing that exceptional public service
has equal merit with funds donated for the purchase of lands, The impetus for making this policy
change was a request to name the Beach Road Park for Dave and Louise Teather.
Although the policy change was approved, no recommendation was ever made to Council to
formally rename the park.
In accordance with the revised naming policy, the Heritage & Arts Commission recommends to
the Town Council that the Beach Road Park be renamed Teather Park in honor of both Dave and
Louise Teather for their significant contributions to community service, far beyond expectation,
The Commission also requests that a small, discreet sign be posted stating the name of the park,
Thank you for agendizing this item as soon as conveniently possible,
Cordially,
~v!iUf:L {lu;.zLt., -
Victoria Arnett, Chair
Heritage & Arts Commission
VNjp
" Mountain Sunrise
3020 Bridgeway Ste. 264
Sausalito, CA 94965
1Je~ .<cA@.(j
~~~~r:fr&~i
AUG 2 5 1995,
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TOWN MANAGER'S OFFICE
TOWN OF TlBURON
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"
August 23, 1995
Robert I<leinert
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, California 94920
Dear Mr. I<leinert,
You spoke with Jim Allen a few days about turning an open space into a
greenbelt. I am interested in incorporating a small organic blueberry farm into
which is presently broom and brush. This farm would be open to the people of
Tiburon and the berries would be V-pick. We could also make it an experimental
garden in which schools and interested parties could visit.
As we work together, replanting many of the California grasses, wild flowers
and sages to create the original habitat as seen in the Golden Gate Park
Arboretum.
The area proposed has a high fuel load of brush and broom and is a fire danger.
This is a remote area which has no hiking trails and is off any residential streets.
I am a Certified Organic Farmer an,d the virgin state of the land will hopefully
pass inspection for farming. It is my intention to make this open space fire safe
and productive.
Sincerely,
~~~~
Lyndasue Johnson
i
~RDSON
\
\
BAY
--
-
SEPT. 1990
1. Rlnq Mountain Nature Preserve
2. La Crellta Open Spac.. Dedication
J. Cibrian Subdivision Open Space Area
4. Hexan SUbdivision Open Space Area
5. Kahn Subdivi5ion Open Space Area
6. Pelleqrinelli SUbdiVision Open Space Ar....
7. HateD DJ;"lve SUbdivision (Paradise Estates) Open Space Area
8. Hateo Ortv.. SUbdivision Open Space Dedication Areas
9. La Crestll SUbdiVision Open Space Path Easelllent
10. La Cresta SUbdivision Scenic Easement Area
11. Nature Conservancy Open Space Area above Kol Shofar
12. Rinq Mountain Subdivision Open Space Area
13. Bel Aire Estates Park Area
14. Tiburon Hiqhlands Open Space Area
15. Atkinson Open Space Bond Purchase
16. Perini Preserve SUbdivision Open Space Area
17. BelveronMini-Parkarea
18. AUdubon Society Lyford House Open Space Acea
19. BlaCkie's Pasture' Richardson Bay Lineal Park
20. Acacia Drive Subdivision Open Space Area
21. Micatlores SUbdivision Opan Space Area and Pathway
22. Norman Estates SUbdivision Open Space Easement Area
23. Del Kadera SUbdivis.on Oed.;...tc4 Open Space Area
H. Reed SChool District Open Sp<lce Bond Purchase Area
25. H<lmon (Rock and Tree) Bond Purchase Open Space Ar..a
26. Del Kadera SUbdivision DediC<ltep Open Space Areas
27. Aqins Subdivision Dedicated Open Sp<lce Acea
28. EaveyBondPucchaseOpenSpacaAcaa
29. Mount Tibucon SUbdiVision Dedicated Open Space Are<l
lO. El MaClneco SubdiVision Dedlcllted Open Space Area
H. Hilanta Pcoject Ded.Cilted Open Space Area
32. TownH..ll Ar..a Bond Purchase Open Space Area
33. "R..ed Parkri Town.owned Op..n Space Lots
)4. )5-39 Lyford Drive Open Space Easem"nt Area
)5. Reed El..rnentary School Open Space Area
36. Mar.nero C.rcle Condornu'ium eo",,"on Op..n Sp..ce Area
37. Maclneroeircle Parl<Are..
l8. Mar.nero O...nec's ASSOCiation Open Space Areas
)9. Montecossa CondollllnlUm Co"',"on Open Space Area
40. Tiburon Uplands Nature Presen''' (Macin County)
41. point Tlburon Railroad Marsn Open Space Area
42. Old Saint Hilary's Church and Adjacent Open Space Areas
4l. Point Tiburon L.:Iqoon
U. Point Tibucon Shoreline Park and Tide Lot Open Space .Acea
.5. Inn.stree Open $p..c.. Ar..as (fco," Po.nt Tlburon pn"..ct)
CALIFORNIA CERTIFIED
ORGANIC FARMERS
,
Hereby Certifies that
MOUNTAIN SUNRISE
3020 B~1dgeway 1264
Sausal1to, CA 94966
managed by
LYNDASUB JOHNSON
meets the standards established for
ORGANICALLY GROWN
by CCOF and the provisions of the CALIFORNIA ORGANIC
FOOD ACT OF 1990, during the period
Janua~y 1, 1995 - January 31, 1996
for the following operations:
1.00. 51 R1dge Ave., Sausa11to 1.00 acres
Certif1ed since 11/25/93 Crops. vegetables / fru1t.
'l'otal Acres Cert1fied: 1.00
P jJ !f)dd fL-
Certificate Number
Ce,.tifu:a.tion Program Coordinator
/ " t" ,I
, ' I
I'1+-7 ..' u(' " /.1 'f: ';/r.<-L.
. '1/' ," I'. ~'Vl.,. ~
.~1., v.....,," ,'I
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Certification Standards Committee Chair
Date Issued:
02/23/95
nc137
Standards and documentation available from the CCOF Statewide Office:
1115 '\lission St.. Santa Cruz CA 95060 (~08)423.2263
LYNDASUE LYNCH JOHNSON
~ ,;.
3020 Bridgeway, Suite 264
Sausalito, California 94965
Home: (415) 388-0183
Office: (415) 516-281/
SUMMARY OF QUALIFICATIONS
· Highly motivated, mature marketing professional with superior abilities in new product
introduction.
· Skilled at handling clients with professionalism and sensitivity; enthusiastic, committed,
resourceful, and results oriented,
· Excellent communication skills, both verbal and written, coupled with the ability to present
ideas and programs,
· Expertise in administration, training, and motivation of sales personnel, and at organizing
work flow, ideas, and materials,
· Entrepreneurial self-starter with a proven track record.
PROFESSIONAL EXPERIENCE
January 1991 to Present
Mountain Sunrise
Mill Valley, California
SOLE PROPRIETOR - FARMING
Operating small organic farming concern. Selling to restaurants in Sausalito,
June 1987 to August 1989
Broadleaf Industries
Sausalito, California
BROKERlMARKETING EXECUTIVE
Marketed new product line (BroadleafP4) to retail and commercial outlets, including
creating demand through advertising media, setting up network of distributors,
.
Trained four sales representatives for 11 Western states,
.
Worked with major retailers, including Safeway, Fred Meyer, Lucky, Pay N' Pak,
LYNDASUE LYNCH JOHNSON
Page Two
PROFESSIONAL EXPERIENCE (continued)
April 1985 to April 1986
Plant Express (Division of Sunnyside Nursery)
San Francisco, California
HORTICULTURIST/ACCOUNT EXECUTIVE
Planned sales and marketing of new division specializing in commercial interior plant
design, leasing, and maintenance. Also responsible for development of account and office
procedures,
Developed accounts with Saks Fifth Avenue, ABCIKGO, Macy's, Hyatt Regency, Pritikin
Productions, California 1st Bank, Nordstrom.
*
December 1983 to January 1985
Accent Plants
Kensington, California
SOLE PROPRIETOR
Started small business in interior plantscape design, handling design, cost estimates, and
installations.
Supplied plantscape to Moscone Convention Center, Berkeley Art Co-Op, and business
offices,
*
September 1980 to December 1983
Safeway Stores, Inc.
Richmond, California
FIELD BUYER - PRODUCE DEPARTMENT
Negotiated for and purchased plants in support ofD.S. and Canadian divisions. Traveled
Northern California, purchasing $2 million wholesale ($8 million retail) annually,
Interfaced with and provided consultation to growers and suppliers, ranging from crop
evaluation to troubleshooting farm management problems,
February 1978 to August 1980
Mulholland Hill Nursery
Moraga, California
NURSERYWOMAN
Purchased and cared for plants, including insect and disease control. Advised retail trade,
including commercial gardeners, on insecticides, fungicides, etc. Supervised three nursery
workers,
EDUCATIONAL BACKGROUND
University of California - Davis
Special studies in plant propagation, 1976-1978
Diablo Valley College, Pleasant Hill, California, 1974-1976
Bauder Womens College, Sacramento, California, 1971-1972
REFERENCES
Personal and professional references available on request.
TOWN OF TIBURON
STAFF REpORT
ITEM NO, /~
To: TOWN COUNCIL
From: TOWN MANAGER
Subject: RESCHEDULING COUNCIL'S SECOND REGULAR MEETING IN
NOVEMBER
Date: September 6,1995
BACKGROUND
The Marin County Council of Mayors and Councilmembers (MCCMC) meets regularly on
the fourth Wednesday of each month from September through June, As the fourth Wednesday of
November is Thanksgiving eve, the MCCMC normally reschedules their November meeting to the
third Wednesday which conflicts with our regular Town Council meeting,
RECOMMENDATION
That the Town Council reschedule its second regular meeting of November from
Wednesday, November 15 to Wednesday, November 29, The latter date is the fifth Wednesday
of the month and should not conflict with any other meetings
The November MCCMC meeting is of some importance in that the newly-elected Marin
City/Town officials will be introduced at that time Also, the MCCMC generally does not meet in
December.
R,L. Kleinert
Town Manager
RLKldlc
TOWN OF TIBURON
STAFF REPORT
ITEM NO, /0
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
COMMUNITY SURVEY
September 6, 1995
BACKGROUND
In the past, the Town has considered utilization of a surveyor questionnaire for the
Tiburon Community, Funds were allocated in the Town's budget for this specific purpose,
However, for various reasons, no formal community surveys have been prepared or utilized by the
Town to date,
In October, the Town's newsletter is scheduled to bemailedtoallTiburonresidents.This
presents an opportune time to possibly enclose a one-page surveyor questionnaire for
consideration by Tiburon' s citizens, Similar surveys could be incorporated in future newsletters,
RECOMMEND A nON
1) That Council authorize a surveylquestionnaire to be prepared in a timely manner for
enclosure in the October newsletter.
2) That the survey consist of one sheet, foldable, and affixed with a Town return address
label for mailing to or being dropped off at Town Hall.
3) That this initial survey be very succinct and focus primarily upon just one or two local
issues, Council should direct Staff and Commissions concerning what subjects or issues the
survey should focus upon,
4) That the Town's Parks and Open Space and Heritage & Arts Commissions prepare the
draft questionnaire or questions which would be approved in final form by the Town Council.
R.L Kleinert
Town Manager