HomeMy WebLinkAboutTC Agd Pkt 1995-01-01
TOWN COUNCIL AGENDA '/ [tUlLe
TOWN OF TlBURON
1101 TIBURON BLVD.
REGULAR MEETING
MEETING DATE:
CLOSED SESSION:
MEETING TIME:
FEBRUARY 1. 1995
AFTER MTG.
7:30 P.M.
-----------------------------------------------
-----------------------------------------------
PLEASE NOTE: tn 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) State Views Succinctly; (4) Urn!t Presentations to 3 minutes: (S)
Speak Directly Into Microphone.
In compliance w;th the Americans with Disabilities Act, if you need specjal assistance to participate in this meeting, please contact
Town Hall (415) ~7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to
onsuro accessibility to this mooting [28 CFR 35,102-35,104 /lDA Titlo II)
-----------------------------------------------
-----------------------------------------------
REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES - #RA-42-94, September 7, 1994
"
C. NEW BUSINESS
1. 1993-94 REDEVELOPMENT AGENCY AUDIT (Acceptance of Audit Report
by Agency)
D. ADJOllRNMENT
*******************************************************************
TOWN COUNCIL
A. ROLL CALL
B. APPOINTMENTS TO COMMISSIONS, BOARDS, COMMITfEES
c. PUBLIC QUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda,
other than items on the Consent Calendar. The public will be given an opportunity to speak on each
agenda item at the time it is called. Presentations are limited to three (3) minutes. Matters requiring action
will be referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed
on a future Council meeting agenda,
D. RECOGNITION OF SERVICES
. TERRY HENNESSY - TOWN CLERK 1983 - 1995 (Resolution)
E. COUNCIL, COMMISSION OR COMMITfEE REPORTS
. CONGESTION MANAGEMENT AGENCY - Councilmember Nygren
. MARIN COUNTY HAZARDOUS & SOLID WASTE lP A - Council member
Nygren
F. CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do not require discussion
and which will probably 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 MINUTES #1037, December 5, 1994; #1039, January 4,
1995; #1040, January 10, 1995; #1041, January 18, 1995
2. INVESTMENT SUMMARY REPORT (December 1994)
3. MARIN ACfS OF KINDNESS WEEK (February 12-17,1995 - Resolution)
4. MARIN COUNTY CABLE RAlE REGULATIONS JPA (Confirm Town's
Representatives to JPA)
5. SAN QUENTIN EXPANSION PROPOSAL (Recommend Opposing
Expansion Plans)
G. I1NFINISHED BUSINESS
6. TIBURON'S RECYCLING PROGRAM (Status Report Regarding State
Mandated Goals)
7. NEW TOWN HALL FACILITIES
A. Citizens Ballot Initiatives Report Outline
B. Town Council Ballot Proposals
C. Ned's Way Only Proposal Status
D. Downtown & Ned's Way Proposal
E. Facilitated Community Workshop
H. NEW BUSIN_ESS
8. MORTGAGE CREDIT CERTIFICA lE PROGRAM (Authorize Cooperative
Agreement with Marin Housing Authority and Appropriate $750)
I. COMMUNICATIONS
J. STAFF AND TOWN MANAGER REPORTS
9. Regulation of Leaf Blowers (Planning Commission Recommendation to Town
Council)
10. Present Town Hall & Police Facilities Repairs (Review of Repair Costs for
1993-95 and 1994-95)
K. CLOSED SESSION
L. ADJOURNMENT TO: TUESDAY, FEBRUARY 9, 1995, 7:30 P.M.,
TOWN COUNCIL CHAMBERS FOR JOINT TOWN
COUNCIL/PLANNING COMMISSION/DESIGN REVIEW BOARD
WORKSHOP
CLARK VS. TOWN OF TIBURON
Name of Case:
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9)
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 by the
checked box below:
NOTICE OF STATUTORY AUTIlORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
DATE POSTED: JANUARY 27. 1995
NO. 1-1995
DATE OF MEETING: FEBRUARY 1. 1995
MINUTES
REDEVELOPMENT AGENCY
CALL TO ORDER
Chairman Nygren called the annual meeting of the Redevelopment Agency of the Town
of Tiburon to order at 7:35 P.M., Wednesday, September 7, 1994, in Council Chambers,
1101 Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT:
BOARDMEMBERS:
Thayer, Thompson, Ginalski, Wolf,
Nygren
ABSENT:
BOARDMEMBERS:
None
,
EX OFFICIO:
Executive Director Kleinert, Agency
Attorney Ewing, Treasurer Stranzl
B. APPROVAL OF MINUTES
#RA-41-94, August 3, 1994
Motion:
Moved:
Vote:
To approve Minutes #RA-41-94 as submitted.
Thompson, Seconded by Thayer
AYES: Unanimous
C. BUSINESS ITEM
ANNUAL MEETING
The Finance director stated this is the required annual meeting of the Redevelopment
Agency; stated the Agency's fund balances were $36,904 in the General Fund and
$4762,547 in the Housing Fund, and noted the Agency Housing Fund is owed $60,000
from the Agency General Fund which was advanced for the State mandated ERAF shift
of 1992-93. This amount will be repaid over the next couple of years.
#RA-42-94
9/7/94
1
2
9/7/94
#RA42-94
R. L KLEINEJn, EXECUTIVE DIREcrOR
ArrEST:
KAREN NYGREN, CHAIRMAN
There being no further business before the Redevelopment Agency of the Town of
Tiburon, Chairman Nygren adjourned the meeting at 7:4035 P.M., sine die.
D. ADJOURNMENT
TlBURON REDEVELOPMENT AGENCY STAFF REPORT
MEETING OF FEBRUARY 1,1995
TO:
TffiURON REDEVELOPMENT AGENCY BOARD OF DIRECTORS
FROM:
FINANCE DIRECTOR
RE:
ACCEPT AUDIT OF FINANCIAL STATEMENT (FISCAL YEAR 1993-94)
IUm.:.
The items is for acceptance of the Annual Audit of the Redevelopment Agency's Financial
Statements for the Fiscal Year ended June 30, 1994,
Discussion: ,\
Important points concerning the Agency's Financial Statement include the following:
Fund Balances as of June 30,1994:
a,
b,
General Tax Increment Fund:
Housing Set-Aside Fund
$ 51,904
$822,547
Both Fund Balances account for the resources borrowed by the General Fund from the Housing
Fund for State-mandated ERAF payment in Fiscal Year 1992-93 - $75,000, of which $15,000
was repaid to the Housing Fund in Fiscal Year 1993-94, Actual cash resources of the General
Fund are $111,903 ($60,000 is reserved for repayment of the ERAF advance); of the Housing
Fund are $767,547,
Tax Increment Revenue.
For both Funds tax increment revenue exceeded budget estimates by significant amounts;
however in Fiscal Year 1994-95 it is anticipated that such revenues will be reduced primarily
because of the delayed implementation of the revaluation of the Point Tiburon commercial
complex following its sale to new ownership over a year earlier.
In Fiscal Year 1994-95 it is anticipated that tax increment revenue will be sufficient to make the
annual payment of $472,500 to the Community Facilities District, to defray expected legal,
financial and administrative expenses, as well as repay another portion of the ERAF Advance to
the Housing Fund,
Audit 1993-94
Page 1
Page 2
Audit 1993-94
1. Audited Financial Statements, FY 1993-94 (submitted final draft statements, bound issue
is being printed)
Exhibits:
Accept the adited Financial Statement of the Tiburon Redevelopment Agency for the Fiscal Year
ended June 30, 1994, The printed and bound copy will be provided as soon as it is provided,
Recommendations:
Audit Statements and Footnotes disclose the status of the all mandated ERAF payments; the
1992-93 payment - $124,797, of which $75,000 was borrowed from the Housing Fund, and the
1993-94 payment of$38,158 which was paid from existing general increment and not borrowed
State-mandated ERAF Payment
I,
Current cash resources of the Housing Fund are approximately $762,000, anticipated set-aside
revenue is $ I 50,000, and anticipated expenditures related to the TEA-Hilarita project are about
$160,000, therefore it is not expected that the Housing Fund will reach excess surplus in Fiscal
Year 1994-95,
Footnote No, 5, includes information concerning the issue of Housing Fund Excess Surplus which
was alluded to in previous audits, In recent years Excess Surplus was reached when an Agency's
cumulative Housing increment exceeded $500,000, and the Agency had five (5) years from that
date to expend the Excess Surplus amount realized in that year. In 1994 the State amended the
codes to change both the amount (to $1,000,000), and the period (within 4 years) by which an
Agency must encumber or expend the Excess Surplus amount or be subject to sanctions of the
State Health & Safety Codes (surrendering the surplus amounts as directed by the State,)
Excess Surplus Issue:
Tiburon Redevelopment Agency
069449\5
~ ~ J~~ ~ ~ ~9~ [
FiNANCE DEPARTMENT
TOWN OF TI3URON
TIBURON REDEVELOPMENT AGENCY
.,t
DRAFT
REPORT ON AUDIT OF COMPONENT UNIT FINANCIAL STATEMENTS
for the year ended June 30, 1994
Independent Accountants' Compliance Report 12
Tax Increment Shift to Education Augmentation Revenue Fund 11
5-10
4
3
2
1
P.9Ses
DRAFT
Supplemental Schedule:
Notes to Component Unit Financial Statements
Combined Statement of Revenues, Expenditures, and
Changes in Fund Balances - Budget (GAAP Basis) and
Actual - All Governmental Fund Types
Combined Statement of Revenues, Expenditures, and
Changes in Fund Balances - All Governmental
Fund Types
Combined Balance Sheet - All Fund Types
Report of Independent Accountants
t\
Component Unit Financial Statements:
'-'.''''.
CON TEN T S
TIBURON REDEVELOPMENT AGENCY
DRAFT
REPORT OF INDEPENDENT ACCOUNTANTS
Tiburon Redevelopment Agency Board
Town of Tiburon, California
We have audited the accompanying component unit financial statements
of the Tiburon Redevelopment Agency, as of June 30, 1994 and for the
year then ended, as listed in the foregoing table of contents. These
component unit financial statements are the responsibility of the
Redevelopment Agency's management. Our responsibility is to express
an opinion on these financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit
to obtain reasonable assurance about whether the component unit
financial statements are free of material misstatement. An audit
includes examining, on a test basis, evidence supporting the amounts
and disclosures in the component unit financial statements. An audit
also includes assessing the accounting principles used and significant
estimates made by management, as well as evaluating the overall
component unit financial statement presentation. We believe that our
audit provides a reasonable basis for our opinion.
In our opinion, the component unit financial statements referred to
above, present fairly, in all material respects, the financial
position of the Tiburon Redevelopment Agency as of June 30, 1994, and
the results of its operations for the year then ended, in conformity
with generally accepted accounting principles.
Our audit was conducted for the purpose of forming an opinio~ on the
component unit financial statements taken as a whole. The
accompanying Supplemental schedule is presented for purposes of
additional analysis and is not a required part of the component unit
financial statements. This additional information is the
responsibility of the management of the Tiburon Redevelopment Agency.
Such additional information has been subjected to the auditing
procedures applied in our audit of the component unit financial
statements and, in our opinion, is fairly stated in all material
respects when considered in relation to the component unit financial
statements taken as a whole.
San Francisco, California
November __, 1994
1
2:
'S4uawa4e4S 1e~~ueu~J 4~Un 4uauodwo~ asaq4 JO 4JBd
1eJ5a4U~ ue aJe Sa40U 5u~^uedwo~~e aqili
[00'Z~9'1$ LH'9LL'1$ 160'SLS'Z$ S18'186'1$ Sa'[6S$ sa:>Ul'1eq pun;; pue
sa1~111qe11 le~o~
818'180'1 160'01Z'1 lS~'H8 L~S'ZZ8 ~06'lS
9S9'SS (9S9'8Z) ~06'lS ~06'lS
000'5L 000'09 000'09
000'095 000'095
Z91'nO'l L~L'591'1 L~5' Z9L L~5'Z9L
581'095 9S9'~95 0~9'On'1
98[ , 8[5 005'ZL~ 005 ' ZL~
000'5L 000'09
66L'lZ $ 951'Ll $ on '809 $
89Z'665 ZL['1~5
005'ZL~
000'09
89Z'665 $ ZL8'8 $
[00'Z~9'1$ LH'9LL'1$ 160'SLS'Z$ 518'186'1$ 5a'[65$
000'095 000'095
000'5L 000'09 000'09
9[5'Ll 50'51 586'Ll 88L' 0 L61'~
6L6'n[ 0[Z'[6[ 906'15€: 690'L8 L[8' ~n
88t'L6Z'1$ Z8['[6Z'1$ 00Z'585'1$ 856' 090'1$ ZtZ 'H[$
'f66f E66f m1
(AtuO wnpue~owaw)
sle~o~
puni{ oU1snoH
ewo:mI
a:re.:xapow
pue 1"\0"]
puna
re.::r:auaf.)
};:>uaolC
~uaWdotaAapal:l
.I
(~pnap)
sa:>ueteq pun;; te~o~
paA..I8S8.IUn
puna re.:xsua::> o~
a~ue^pe ..1:oJ pa^..1:asa~
~uaWdOtaAap ~o;;
ptaq puet ~o;; paA~asal:l
oU1snoq
8UIO::>U1' a:re.zspow
pue MOl .IOJ paA..1:6SaH
: (~1:>1;;ap) sa:>uetea puna
sa1~1t1qe1t te~o~
~::>1'..1:~S1a sa1~111::>ed
^~1unwwo~ o~ ana
puna DU1snoH UIO..1:J aouEApv
6tqeAed s~unooov
: sa1~1t1qe'PI
s::r:JN'i'IICa ONCla
ami s::rnI'lIaICI'l
s~asse te~o~
~uawdolaAap ~o;; ptaq pue'l
puni{ tE.:x8U8f.) o~ eouEApv
~sa.J:a~uI
,. s~uawa~:>u1 xe~
:satqeA1a:>al:l
s~uaUI~sa^u1 pue qse~
S~::rSSIC
2:661 pue (661 'O( aunr JOJ S1e404 aA~4BJedwo~ q4~M
v661 'O( aunr
S3dJ.ili aNnd '1'1V
ili33HS 3JNV'1Va a3NlaWOJ
l~V~a J.JN3DV .LN3Wd0'13i\3a3Cl NOClnalili
DRAFT
TIBURON REDEVELOPMENT AGENCY
COMBINED STATEMENT OF REVENUES, EXPENDITURES,
AND CHANGES IN FUND BALANCES
ALL GOVERNMENTAL FUND TYPES
for the year ended June 30, 1994
with comparative totals for June 30, 1993 and 1992
Redevelopment Low and
Agenoy Moderate Totals
General Income (Memorandum Only)
Fund Housinq Fund 1994 1993 .!221
Revenues:
Taxes $ 587,882 $ 184,715 $ 772,597 $ 697,744 $ 699,153
Interest income I, ~ 12,336 51.925 64.261 54.719 61. 167
Total revenues 600,218 236.640 836,858 752,463 730 ,320
Expendi tures:
General government 9,000 37,966 46,966 24,893 29,926
Capital projects 56,874 56,874
State mandated allocation
to Education Revenue
Augmentation Fund 38.158 38.158 124,797
Total expenditures 47 , 158 94,840 141,998 149,690 29,926
Excess of revenues
over expenditures 553,060 141,800 694,860 602,773 700,394
Other financing uses -
Highland site land purohase (560,000) (560,000)
Contribution to Community
Facilities District in
the Town of Tiburon (472,500) (472.500) (472,50D) (538,386)
Total other financing
uses (472,500) (560,000) (1,032,500)
Excess of revenues
over (under)
expenditures and
other financing
uses 80,560 (418,200) (337,640) 130,273 162,008
Fund balances, July 1, 1993 (28.656) 1.240,747 1.212,091 1 ,081. 818 919,810
Fund balances (deficit) ,
June 30, 1994 $ 51.904 $ 822,547 $ 874.451 $1,212,091 $1,081,818
The accompanying notes are an integral
part of these component unit financial statements.
3
V
71 71 0 '" ~
" ~
. . nx Ii ~no H "
0. 0. 0"' ".0 0 . . 0
"0' "0' .'" " . 'O . . " . .
"0' r'I'...'1IJ ~ 0 . C
~ C . S. ~ .
.~ oi...,'I]'1..... """1111""'1 " .
. s '<~ ....::1 I>> ....1>> ", C 0 . . " . .
. '6 0' 00" . '" '6 ~ <I......... C " .
CD Wo H' '" crr....r:a. . . "'. " 0 "
? . 0 " '1::r....." . 0 " lIIo.::l't:llCl . "
. . . o t1l .......,111 0 . . ::l c: 0..'1 0 0 i"- ",
'" . HO 0 O~ . .... 0.... ", o. ~ ""0 III 0 < ,
H ~ 0 . >-31-"::l'" , < 0 l>> rtrTU,1tI 0
() ~- ~- g ~ ~ g,~ 00 o 0 0 '" 0 0 ,.,.....1\1111'1 " ~
() ~o. wo. 0" ~ 0 " C "~ . ~'g o.g. ~ .
.0 0 . "''O '" O~ 'O < .
0 ~ ~ 1Il~~~~ . " . 0 . . . .0' .
0' " " o ...'f');:l 0 . " , XH , .
-8 n 0.< ....11100. 0 'O. 0. ~.~ " C
", ........111.... ~ ~~"O . < 0<0 .
" " ...',.,.;:t.... ", . . " . . 0 0
'" ::l r: c n , ....r: r: 0.' 0 0.'.
1>>'1/11.... . n , " ",C " 0"
::l ::ltblll" , rT ....n "0 0 . ",
'< 00' 0 "0' o 0 . 0
:;'(11 ~~ ;' '<. " ,
..... 0 .
1Q::l1II~ '" . 0
::l ~ ~ "'" to
IQ ~i ~ c
0: . . ~ ~ w 0
::l ;:: '" ~ ~ '" H H H 0
0 ~ '" ~ '" ~ ~ ~ ~ Q
rt '" 0 ~ ~ ~ ~ ~ 0 0 t'l
~ 0 0 0 0 0 0 0 0 0-3 n
CD e 0 ~ ~ 0 0 0 0 0 ~
tJl ~
'" '" Q to
. 1:: H
'1 I~ ~ ~~ ~ I[ 0<
. . Z
CD ;: ;: ~ '" ~ ,~
~ ~ ~ ~ . w 0 ~ .0 'tI t'l
? ~ ~ w ~ ~ ~ 0 ~ "'O 0
'" . .
~ ~ ~ 0 H H 0 ~ ~ ~. ~
::l ,
'" 0 0 '" ~ ~ 0 H ~ 71".. HI en
0 ~ 0 0 ~ ~ 0 ~ '"
..... ." 0 en ~
"'''' '1 H 0-3
::l .
rt 0: ~ I:Il 0-3 H
, ~. rt nt'l gj
CD Ii ~ ~ ~ ~."
IQ ~ ~ ~ ~ ~ ~ ~ ::T g:~
'1 :' w s- ~ !" 0" . CD ~ ::0
" . 0 zz ~
'" ~ ~ ~ ~ w ~ g.g:fD '<
'" '" 0 H W ~ Q0-3
...... 0 0 0 ~ '" ~ :DID I CD t'l
'tl '" f; eno ::0
'1 "'l t'l
'" ~ H 0
'1 1') ~ ~ CD Z::<l ~
rt ::l "'l~
H ;;; ;;; ~ H ~ ~ ~ P. L'
0 ~ '" w ~~ 0 . '"
HI ~ H ~ W ~ ~~ ~ !" ? CD ~~ L'
~ 0 0 0 ~ O~ 0 0 0 p. 0
. 0 0 0 0 00 0 0 0 ... ~
rt ~ ~ ~ 0 0 00 0 0 0 ~ c., )>< t'l
::T . C L' tol:ll t'l
CD ~ ~ ~ x' ::l L' )><- Z
tJl I[ 0'" CD L' 0-3
CD ~ ;: in in H ~ H ~" Q ~~
~ H '" '" . '" ~w w ~ ~ "'8-
() '" s- o 0 H . "'~ '" H . . . VJ Q )><
~ ~ ~ 0 0 ~ ~ ~'" '" '" ~ " <::) n'tl Q
. 0 0 0 0 . ~'" . ~ ~ " 71~ t'l t'lt'l t'l
~ ~ ~ ~ 0 0 .'" 0 ~ ~ . . i ens 155
o.H ......
0 . \0 H 0<
::l c 0
~ ~~ ~ ,'" ~ \0 ~
CD w w in ~ '" ~ ~ ~.. . ",. Z
::l . < "
~ ~ '" '" 0 '" .- w '" <0" ~
rt ~ ~ ? ? '" ~ 0'" . ~ . o " .
'" '" 0 0 ~ ~ H. '" '" ~ " . . t'l
.0'0 L' en
c 0 0 0 0 0 '" "'''' . '" ~ O'~.
~ ~ ~ ~ 0 0 "'''' 0 ~ ~ ~.
::l . "'l
..... ~ ~
rt
HI
..... ~ ~ ~ " ~~ ~; ~
::l ~ W ~
'" H ;: . '" ~ ~ '"
~ w ~ w ~ "'. ~ '" 'tI
::l ~ . !" !!' ~ ~~ . ~ t'l
() 0 0 ~ ~ ~ 00 0 0 en
..... '" 0 0 0 0 00 0 0
'" ~ ~ ~ 0 0 00 0 0
...... "
~ ~ ~ ~ ~ ~ ~ ~
tJl ~ I[ 0
rt ~ ;:; 0 in '" ~ ~'6
III ~ w w '" '" ~. '" ~ '..
rt . :' '" ~ . "'''' . !" ~e.
CD . '" ~ 0 ~ ~~ '" ~
~ . 0 0 '" ~'" '" ~ .
!3 H ~ ~ ~ 0 .'" H ~ ~
CD ~
::l ;:
rt II ~ ,~
tJl ;:; ~ in '" H H H H ~..
. < "
0 '" '" ~ w .- ~ H 0 < 0 "
w ? ? !" w O~ ~ ~ :' 0" .
'" 0 0 w ~ ;;; H~ ~ '" ~ " . .
. 0 0 '" 0 ~ "'''' ~ '" ~ .0'0
".~.
0 ~ ~ 0 ~ ~ "'''' ~ H ~ ~.
.
l:lV~a
TIBURON REDEVELOPMENT AGENCY
NOTES TO COMPONENT UNIT FINANCIAL STATEMENTS
DRAFT
1. Summary of Siqnificant Accountinq Policies:
The accounting policies of the Tiburon Redevelopment Agency
conform to generally accepted accounting principles as applicable
to governments. The following is a summary of the more
significant policies:
Description of the Reportinq Entity:
The Tiburon Redevelopment Agency (the Agency) was created
under the provisions of the Community Redevelopment Law
(California Health and Safety Code, commencing with Section
33000) primarily to assist in the clearance and rehabilitation
of areas determined to be in a declining condition in the Town
of Tiburon ,,(the Town). The first financial activity of the
Agency occurred in July 1983. The result of this activity was
the Agency's Redevelopment Plan (the Plan). Under the Plan,
approved in November 1983, the Agency proposed to assist in
the development of the Southern Pacific property located in
downtown Tiburon. The Agency functions as an independent
entity and its pOlicies are determined by the Town Council of
the Town in a separate capacity as members of the Agency
Board. All staff work is performed by the officials and staff
of the Town or by consultants to the Agency. The Town's Mayor
is the Chairman of the Agency; the Town's Vice Mayor is the
Vice Chairman of the Agency; the Town Manager is the Executive
Director/Secretary of the Agency; and the Town's Finance
Director is the Treasurer of the Agency.
The Agency is an integral part of the Town
accompany~ng financial statements are included as a
unit of the general purpose financial statements of
and the
comp~onent
the Town.
The component unit is reported in the Town's financial
statements using the blended method of presentation in which
the component unit's financial data is reported in a manner
similar to the Town's balances and transactions.
Fund Accountinq:
The accounts of the Agency are organized on the basis of
funds, each of which is considered a separate entity. The
operations of each fund are accounted for with a separate set
of self-balancing accounts that comprise its assets,
liabilities, fund equity, revennes, and expenditures. Agency
Continued
5
9
panu'pUO;)
oanp uaqM paz~u50~aJ aJe suo~4e5~Tqo WJa4
-5uoT TeJaua5 uo Ted~~u~Jd pue 4SaJa4U~ 4eq4 4da~xa 'paJJn~u~
s~ ^4~T~qe~T pun~ pa4eTaJ aq4 uaqM paz~u50~aJ aJe saJn4~puadx3
"^4JadoJd ^~uafiv uo anTeA passasse u~ saseaJ~u~ WOJ1
fiu~4TnSaJ saxe4 ^4JadoJd Te4UaWaJ~u~ ~O ^TTed~~u~Jd 4S~SUO~
TenJ~~e 04 aTq~4da~sns sanUaAa'd 0 s4asse 4UaJJn~ 4au se
aTqeT~eAe pue aTqeJnseaw awo~aq ^aq4 uaqM panJ::J~e JO 'paA~a::JaJ
uaqM paz~u50~aJ aJe sanUaAaJ q~~qM Japun fiu~4uno~~E 10
s~seq TenJ~~e pa~l~pow aq4 5u~sn J01 pa4uno~~e aJe spun1 q40g
os~assE
4UaJJn::J 4aU u~ (sasn fiu~::JUEU~l Jaq~o pue saJn~~puadxa 'OaO~)
saseaJ~ap pue (sa~Jnos 5U~~UEU~1 Jaq~o pue sanUaAaJ 'OaO~)
SaSEaJ~U~ ~uasaJd spun1 asaq~ ~o s~uawa~E~S 5U~~EJado o~aaqs
a~uETEq aq~ u~ papnT::Ju~ aJe ^TTeJaua5 sa~~~T~qE~T ~uaJJn::J
pue s~aSSE ~uaJJn~ ^TUO 'sn~ol ~uaWaJnSEaW s~q~ q~~M osn~ol
~uawaJnseaw sa::JJnosaJ Te~::JuEu~l ~uaJJn::J E 5u~sn J01 pa4uno~::JE
aJe puna 5u~snoH awo::JuI a4eJapow pue MO~ aq4 pue puna
TEJaUa~ ~ua5v ~uawdoTaAapa'd aq~ os~uawa~E~S TE~~uEu~l ~~un
~uauodwo::J aq~ u~ pa~JodaJ pUE s~unO~~E aq~ u~ paz~u50~aJ aJE
saJn4~puadxa pue sanUaAaJ uaqM 04 sJa~aJ 5u~4unO::J::Je ~o s~seg
:bu~~uno~~v 10 s~seg
O^~~unWWO~ aq~ u~ 5u~snoq awo~u~
a~EJapOW pUE MOT fiU~SEaJ~U~ 10 asodJnd aq~ J01 ^TaTOS
pasn aq o~ ueTd 4uawdoTaAapa'd aq4 ^q paJ~nbaJ sanUaAaJ
XE~ TE4UaWaJ::Ju~ s,~uafiv aq~ 10 uO~~Jod ~Eq~ JO~ ~unO~~E
04 pasn pun1 E s~ pun1 5u~snoq awo~u~ a~EJapOW pUE MOT aq~
:PUnd anUaAa'd Te~~aas bu~snoH awo~uI a~EJapOW pue MO~
.pun1 Jaq~ouE u~ J01 pa~uno::J::JE aq o~ paJ~nbaJ asoq~ ~da::Jxa
sa~JnosaJ TE~~uEu~l TTE J01 ~unO~~E o~ pasn s~ ~l" 0 ^~uafiv
aq~ 10 pun1 fiU~~EJado TEJauafi aq~ s'F pun1 TEJauafi aq~
:pund TEJaUa~ A~uabV ~uawaoTaAapa'd
:spund Te~UaWUJaAO~
:sMOTT01
se paTToJ4uO::J aJe sa~4~A~4::Je 5u~puads q::J'FqM ^q sueaw aq4 pue
~uads aq o~ aJE ^aq~ q~'FqM J01 sasodJnd aq~ uodn pasEq spun1'
TEnp~A'Fpu'F u~ J01 pa~uno~::JE pUE O~ pa~E~OTTe aJE sa~JnosaJ
:bu~~uno~~v puna
:panu~4uo~ 'sa~::J~TOd ~ue4unO~::JV 4ue~~1~ub~S 10 AJewwns 01
panu~~UO;) 'S~N3W3~V~S ~VI;)NVNla ~INn ~N3NOdWO;) O~ S3~ON
A;)N3~V ~N3WdO~3A3a3'd NO'dngI~
l:rv~a
DRAFT
TIBURON REDEVELOPMENT AGENCY
NOTES TO COMPONENT UNIT FINANCIAL STATEMENTS, Continued
1. Summary of Siqnificant Accountant Policies, continued:
Budqetary Principles:
The Agency Board adopts the budget by passage of a resolution.
~he Board adopts a total appropriation package for all funds
combined. Any increase or decrease in the total budget
requires Board approval. The Board will also approve
reallocation of existing resources when a program or project
is materially changed, approve new programs and projects upon
notification of unanticipated revenues, and approve reductions
in appropriations of programs and proj ects upon material
reduction in estimated revenues. Budget appropriations lapse
at the end of the fiscal year.
i,l,
Budget information is presented on the modified accrual basis.
Property Tax Revenue:
Property taxes are billed and collected by Marin County and a
portion allocated to the Agency. Property taxes attach as an
enforceable lien as of March 1. Taxes are levied on July 1
and are payable in two installments on December 10 and
April 10. All general property taxes are then allocated by
the County Auditor's office to the various taxing entities per
the legislation implementing Proposition 13. The method of
allocation used by the County is subject to review by the
State of California. Property tax revenues are recognized by
the Agency in the fiscal year for which the taxes have been
levied; provided they become available. Available means due
or past due and receivable within the current period, and
collected within the current period or expected to be
collected soon enough thereafter to be used to pay liabilities
of the current period.
Land Held for Development:
Land held for development is recorded at the lower of cost or
fair market value.
Continued
7
B
panu'!':)uoJ
002:'SBS'1$
2:vB'L
BS('LLS'l$
112:)0.L
5u'!'>[:Jatp - llS12J
dI'if'1
:SMOII0J
S12 a.:raM v661 'O( aunr :)12 S:)UaUI:)SaAU,!, PU12 llS12:J s,A:Jua5'if all.L
's:)uaUIaa.:r5'if aS12l.{:J.:rnda~
PU12 'sa:Ju12:)da:J:J'if s,.:ra>[U128 ':)'!'sodaa JO Sa:)12:J'!'J,!,:).:raJ alq12'!':)05aN PU12
s:)'!'sodaa JO Sa:)12:J'!'J,!,:).:raJ 'sa'!':Jua6'if "SOn PU12 J:.:rnS12a.:r.L "s'n al.{:) JO
suo,!,:)126'!'lqo '(dI'if'1) pund :)uaUI:)saAuI A:Jua5'if 112:J0'1 s,.:ra.:rnS12a.:r.L a:)12:)S
al.{:) U'!' :)saAU,!, 0:) UMO.L al.{:) az,!,.:rOl.{:)n12 sa,!,:J'!'lod :)uaUI:)saAU,!, S,UMO.L al.{.L
'112:)'!'d12:J .:r,!,al.{:) JO A:)aJ12s S12 llaM S12 aUIO:JU~
alq12qo.:rd al.{:) 5u~.:rap,!,suo:J a>[12UI PlnoM a:Jua5~lla:)u,!, PU12 'uo~:)a.:r:Js~p
'a:Juapn.:rd l.{:)~M s.:ro:)saAU~ l.{:J,!,l.{M '6u~I~12Aa.:rd ual.{:) sa:JU12:)sum:J.:r~:J
al.{:) .:rapun 'a.:r12:J PU12 :)uaUI5pn~ l.{:)~M ap12UI aq 0:) a.:r12 s:)uaUI:)saAU~
'A:J~lod :)uaUI:)saAU,!, s, UMO.L al.{:) .:rapun "aln.:r .:ro:)saAU~ :)uapn.:rd
al.{:) .:rapun s:)uaUI:)saAU,!, PU12 l.{S12:J palood s:)~ sa512U12UI UMO.L al.{:) 'A:)~:J
M121 112.:raua5 12 S'if ":)uaUIa512U12UI S,UMO.L al.{:) Aq pa.:ra:)s~U~UIp12 s~ l.{:J,!,l.{M
100d :)uaUI:)saAU~ PU12 l.{S12:J S,UMO.L al.{:) U~ sa:)12d~:J,!,:).:r12d A:Jua5'if al.{.L
:s:)uaUI:)saAUI PU12 l.{S12J '2:
'S'!'SAI12U12 aA'!':)12.:r12dUIO:J 12 ap,!,Ao.:rd 0:) .:rap.:ro u'!' pa'!'J~ss121:Ja.:r uaaq
aA12l.{ sUIa:)'!' aU'!'1 aUIOS 's:)uaUIa:)12:)s 112'!':JU12U'!'J :)'!'un :)uauodUIO:J
5U~AU12dUIO:J:J12 al.{:) U~ pa:)uasa.:rd uaaq aA12l.{ 2:661 PU12 (661
'O( aunr papua .:r12aA al.{:) .:roJ sl12:)o:) AluO umpu12.:roUIaUI aAT:)12.:r12dUIOJ
'I, '
:12:)12a aA'!':)12.:r120UIOJ
'sa1d~:Ju~.:rd
5u'!':)uno:J:J12 pa:)da:J:J12 A1112.:raua5 l.{:)~M A:)~UI.:tOJuo:J u~ suo~:)12.:rado
JO s:)1nsa.:r .:ro uo'!':)'!'sod 112,!,:JU12U~J :)uasa.:rd :)OU saop PU12
uO~:)12P'!'10suo:J 12 0:) a1q12.:r12dUIO:J :)OU s,!, 12:)12P s'!'l.{.L . s:)uaUIa:)12:) S
112~:JU12U~J :J~S12q al.{:) JO :).:r12d pa.:r,!,nba.:r 12 :)OU a.:r12 PU12 S~SA112U12
112UO~:),!,pp12 JO sasod.:rnd .:roJ pa:)uasa.:rd a.:r12 . (A1UO umpU12.:rOUIaw),
s112:)0.L. pauo'!':)d12:J s:)uaUIa:)12:)S 112'!':JU12U'!'J al.{:) u~ suum10:J al.{.L
: (AluO umpu12.:roUIaw) s112:)0.L
:panu~:)uo:J 'sa,!,:J'!'10d :)U12:)unO:J:J'if :)U12:J'!'J,!,Ub~S JO A.:t12UIUIns '1
panu~:)uOJ 'S.LN8W8.L'if.LS '1'ifIJN'ifNId .LINn .LN8NOdWOJ O.L S8.LON
AJN8D'if .LN8Wd0'18^8a8~ NO~naI.L
l:lV~a
DRAFT
TIBURON REDEVELOPMENT AGENCY
NOTES TO COMPONENT UNIT FINANCIAL STATEMENTS, Continued
3. Land Held for Development:
In June 1994, the Agency's Low and Moderate Housing Fund purchased
a three acre site in the Highlands development from the Town of
Tiburon for $560,000. The Ecumenical Association for Housing, a
California non-profit public corporation (the Developer) will
develop property improvements consisting of sixteen affordable
residential units for occupancy or qualified households of elderly
persons. The Agency intends to sell the property to the Developer
and will provide the Agency Loan to the Developer to assist in
financing development of the improvements.
4. Contributions to Cornrnunitv Facilities District:
The Agency c~fumitted itself on June 19, 1985 with the property
owners within the District to pay up to $472,500 per year of
available tax increment revenues towards debt service on bonds for
a period sufficient to aggregate 15 times that sum. The bonds
were issued under the Mello-Roos Cornrnunity Facilities Act of 1982
and are not general obligations of the Agency or the Town (see
Note 5).
5. Fund Balances:
Fund balances consist of reserved and unreserved amounts. The
term reserved is used to indicate that a portion of reported fund
balance is (1) legally restricted to a specific use, or (2) not
available for appropriation or expenditure. The Agency has
reserved fund balances at June 30, 1994 for low and moderate
income housing. The Reserve for Advance to General Fund reflects
a loan from the Low and Moderate Income Housing Fund to the
General Fund for the mandatory payment to the State Education
Revenue Augmentation Fund. This loan is required to be paid back
within ten years (see Note 6).
Continued
9
OT
panu~:juo;)
'000'09$ SEM BU~puE:js:jno a~uEApE a4:j '~66T 'OE aun0 :jV
'S~Ea^ ua:j U~4:j~M p~Eda~ aq a~uEApE a4:j :jE4:j a~~nba~ Suo~:jETnBa~
a:jE:jS 'pund Bu~snoH awo~uI a:jE~apow PUE MO'I a4:j wo~;): pund
tE~auaD a4:j O:j pa~uEApE SEM OOO'SL$ ':junowE s~4:j;):0 'L6L'~~T$
SEM E66T 'OE aun0 papua ~Ea^ a4:j ~O;): (dVB3) pund uO~~E~uawBnv
anuaAa~ tEUO~~E~np3 a4~ o~ ~uaw^Ed pa~~nba~ s,^~uaBv a4~
'saBaTTo~ ^~~unwwo~ PUE sTo04~s apE~B 4:j~T 4Bno~4~ ua~~EB~apu~~
o~ sanuaAa~ XE~ ^~~ado~d u~ uO~TT~w OO~$ ;):0 tE~O~ E ~;):~4s
o~ sa~~uaBE :juaWdOtaAapa~ E~U~O;J~tE;) sa~~nba~ '~66T ;Jo sa~n~E~S
'(~~8 as) OOL ~a~dE4;) 'suo~~~npa~ Bu~pun;): a~E~S K:rEssa~au
u~ a~E4s o~ ~uawu~aAoB E~u~o;):~TE;) a4~ ;):0 ~o~~as K:raAa ^TTEn~~~A
pa.:qnba~ 4~~4M ~~V ~aBpna ~66T a4~ passEd a~E~S a4~ '~66T UI
:Spund ~a4:jO WO~d/O~ a~uEApv 'L
'BU~puE:js~no
a~aM spuoq asa4~ ;):0 OOO'~S~'S$ '~66T 'OE aun0 ~V '^~~~04~nv a4~
^q paA~a~a~ sanuaAa~ a4~ ^q paZ~tE~a~ETTo~ a~E 'UMO~ a4~ ~O ~uaBv
a4~ ;):0 suo~~EB~Tqo tE~auaB ~ou a~E 4~~4M 'spuoq asa4~ 'S86T
;Jo ~~V Bu~tOOd pUoa TE~O'I sOO~-S~~EW a4~ ~apun spUoa sOO~-S~~EW
V-066T sa~~as ;):0 000'8~6'L$ panss~ ^~~~04~nv a4~ '066T 'T aun0 uo
'~uaBv a4~ ~o UMO~ a4~
;):0 ;):TE4aq uo ~o ^q panss~ suo~~EB~Tqo BU~^T~apUn u~E~~a~ a~~nb~E
O~ PUE s~uawaAo~dw~ tE~~dE~ ~~Tqnd 4~ns a~~nb~E o~ 'UMO~ a4~
~O;): s~uawaAo~dw~ TE~~dE~ ~~Tqnd ~O;): BU~~UEU~;): ap~Ao~d o~ ^~~~04~nv
a4~ saz~~04~nE ~uawaa~BE a4~ '~uawaa~Bv s~aMod ;):0 as~~~ax3
~U~00 E O~ ~uEns~nd (^~~~04~nv a4~) ^~~~04~nv BU~~UEU~d sa~~~T~~Ed
~~tqnd uo~nq~~ a4~ pa4s~TqE~sa ^~uaBv a4~ PUE UMO~,,~4~ '066T uI
:^~~~04~nv oU~~UEU~d sa~~~T~~Ed ~~tqnd uo~nq~~ '9
'apo~ ^~a;):Es PUE 4~TEa4 a4~ u~ pa~E~awnua
SE sUO~~~UES o~ ~~a~qns aq TTE4S ssa~xa a4~ ;Jo ~unOWE a4~ po~~ad
s~4~ U~4~~M .sntd~ns ssa~xa. a4~ puadxa ~o ~aqwn~ua ~OU saop
~uaBv a4~;):I '~unOWE .snTd~ns ssa~xa. ~E4~ ~aqwn~ua ~o puadxa
o~ ~Ea^ TE~S~;): 4~Ea ;):0 pua a4~ wo~;): S~Ea^ ~no;): SE4 ~uaBv uv
'MEt a~E~s ^q pau~;):ap SE .sntd~n~ ssa~xa. aAE4 ~ou saop ~uaBv a4~
'~66T 'OE aun0 papua ~Ea^ TE~S~;): a4~ ;):0 sv .'snTd~ns ssa~xa.sE
OOO'OOO'T$ ~aAO spun;): .pa~aqwn~uaun PUE papuadxaun. ^UE au~;):ap O~
ME'I ~uawdOTaAapa~ ^~~unWWO;) a4~ ;):0 ~T'~EEEE PUE OT'~EEEE suo~~~as
apo;) ^~a;):ES PUE 4~TEaH papuawE a~n~ETS~Ba'I a~E~S a4~ '~66T UI
:panu~~uo~ 'sa~uETEa pun" 'S
panu~~uo;) 'S~N3W3~V~S 'IVI;)NVNId ~INn ~N3NOdWO;) OL S3~ON
X;)N3DV ~3WdO'I3~3a3~ NO~naI~
l:lv~a
DRAFT
TIBURON REDEVELOPMENT AGENCY
SUPPLEMENTAL SCHEDULE OF TAX INCREMENT SHIFT TO
EDUCATIONAL REVENUE AUGMENTATION FUND
for the year ended June 30, 1994
Total tax increment to be shifted to the Education
Revenue Augmentation Fund (ERAF) per State
Department of Finance (DOF) letter dated
October 1, 1993 $38,158
Funding source:
Redevelopment agency:
Agency tax increments $38,158
ll\
11
n
e~1JJO s,~ossass~ ^~uno~ UT~~W :a:>.J:nos
6W 'VS9' LS OEE'W'('n 669',(SS'SL V66,(
L6S'UL SH'vS,( ZSS'LSS ,(S9'S9E'06 L9S 'oot 'n ~11'89Z'81. E66,(
vVL'L69 SZS'S9'l 9'lZ'ZES ZH' 6L9' LS OSE'06s'n Z9E '6SL 'SL Z66'l
zn' 699 H,(' 65'( no'o'(s ZLS',(OL'vS LH'LS9'n SS9'vvO'EL '(66'(
EES'v99 SOE'9S'( SZS'SOS OOS'S,(Z'OS v9L 'H9 '0'( 9E0'VSS'69 066'(
En'SE9 O,(S'OS,( ELL'vSv 99S'ZS,('OS nZ''(SE'Z'( vSE'HL'L9 6S6'(
VVO'69S 6Z9' Bn SH'OEv ELZ'vOB'H 'l6B'ZEv'O,( ,~.B( 'lLE '19 BB6,(
ELO'sn ;::09'8Z Hv' 90'( L,(O'H,(''19 Z9E'6BS 'n ss9''lEs'6v LB6,(
,(S,('OVL L'l6'BS,( vEZ',(BS vBZ'SEB'L6 Bn'LLV'O,( 966'LSE'L8 9B6,(
,(ZZ'L9'l BvO'Ov EL,(' LZ'( SH'En'9'l 60Z'Z6E'L 900''(ZL'B SB6'(
BBO'Sv $ L,(0'6 '(LO '9E LL'l '9BO' L'( ZL8'v(S'B 50E'155'8 vB6'l
000' OL9 'n$ OOO'HZ'B OOO'ZEv'E EB6'(
anuaAaa pun..:r pU11d uo'pl!nreA scq:~J:adO.1d sar::p:adO.1d '( ^'(n.('
s:luaura.I::mI aP1s'!-:!as l'e.lauao passassy pad01aAacr :rn:T:J-ed '.6u,uu,.6ag
"".1 6ulsnoH pa.J:n:Jas ^lsno"TA6.J:d u.J:a'l{:lnOS ..ll:?6J..
1''':)0.1 1":)0.1 pad01aAapUn 1"~s,..
anU6Aa}f :tuaUIa.l::mI X".1 U01~l:?nl-eA passess,! pa.xn:Jas
v661 O~ E861 '1 ^Tnr 6u~uu~6aq s~~a^ T~~s~1
S8nN8^8~ ~N8W8~JNI XV~ ~ 8n~^ a8SS8SS~ a8~nJ8S ~~JO~
AJN8D~ ~N8WdO~8^8a8~ NO~ngI~
l:lV~a
DRAFT
INDEPENDENT ACCOUNTANTS' COMPLIANCE REPORT
Tiburon Redevelopment Agency Board
Town of Tiburon, California
We have examined the Tiburon Redevelopment Agency (the Agency) management I s assertion,
included in its representation letter dated December __, 1994, that the Agency complied with
the laws. regulations ~nd administrative requirements of the State of California. based on
the criteria set forth in Guidelines For Compliance Audits of California Redevelopment
Agencies issued by the State Controller's Office, Division of Local Government Fiscal Affairs,
during the fiscal year ended June 3D, 1994. As discussed in that representation letter, the
Agency management is responsible for the Agency's compliance with those requirements. OUr
responsibility is to express an opinion on the Agency management's assertion about the
Agency's compliance based on our examination.
Our examination was made in accordance with standards established by the American Institute
of Certified Public Accountants and, accordingly, included examining, on a test basis,
evidence about the Agency's compliance with those requirements and perfonning such other
procedures as we considered necessary in the circumstances. We believe that our examination
provides a reasonable basis for our opinion. Our examination does not provide a legal
determination on the Agency's compliance with specific requirements.
In our opinion. the Agency management's assertion that the Agency has complied with the laws.
regulations and administrative requirements of Section 33080.1 of the Health and Safety Code
of the State of California during the fiscal year ended June 30, 1994 is fairly stated, in
all material respects, based on the criteria set forth in the Guidelines For Compliance Audits
of California Redevelopment Agencies issued by the State Controller's Office, Division of
Local Goverr~ent Fiscal Affairs.
This report is intended for the information of the Agency, and the State Controller's Office.
However, this report is a matter of public record and its distribution is not limited.
San Francisco, California
November __' 1994
13
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON RECOGNIZING
THERESE M. HENNESSY
FOR OUTSTANDING AND DEDICATED
SERVICE TO THE TOWN OF TIBURON
WHEREAS, Therese M. Hennessy has served the Town of Tiburon a total of twelve (12) years;
from 1974 to 1975; and 1983 to 1995; and
WHEREAS, Ms. Hennessy initially held the position of Assistant Town Clerk and in 1989
became Tiburon's first full-time Town Clerk; and
WHEREAS, Therese M. Hennessy has attended and recorded the minutes of approximately 350
Town Council meetings in five (5) different Council Chambers; for 26 different Councilmembers; and
WHEREAS, besides her duties as Town Clerk she served for four (4) years on the Tiburon
Housing Committee; six (6) years on the Point Tiburon Homeowners' Association; and two (2) years
as a Director with Stepping Stone; and
WHEREAS, Terry has been a source of moral support to other Staff members and an
inspirational example of poise and professionalism at the Tiburon Town Hall; and
WHEREAS, Terry will be truly missed by the citizens and employees of the Town of Tiburon,
NOW,THEREFORE, BE IT RESOLVED, that the Town Council, fellow Staff members and
Town of Tiburon community wish Terry much happiness upon her retirement from the Town of
Tiburon; and much success in her new career endeavors.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on February 1. 1995, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
ROBERT L. KLEINERT, ACTING TOWN CLERK
January 23, 1995
TO: TOWN COUNCIL
FROM: COUNCILMEMBER KAREN NYGREN
RE: REPORT MARIN COUNTY HAZARDOUS & SOLID WASTE JPA
A meeting was held
the state for this
others are almost
element, "siting".
February.
on January 23. Five elements are required by
JPA. Two have been approved by the state, two
completed. We're now working on the final
This will come back for the boards review in
The JPA passed its first resolution. It's to apply for a grant for
a Regional Used Oil Recycling Block Grant.
The report by the technical advisory committee on how the
JPA will handle the risk, liability issues, was postponed until
February. This ~s a very important issue that still needs to be
resolved.
A committee was selected to severe in the search of an independent
legal council for the JPA. The City of San Rafael offered the
services of their city attorney, Gary Raggianti, to review the
service agreement contract between the JPA and the County in the
interim.
The Board directed the Operations Committee to begin negotiations
of a proposed service agreement with the County in which the County
would continue to do contractual service for the JPA for the
1995/96 fiscal year. It will be decided at a later time if the JPA
should operate as an independent agency or contract with the County
on a continuing basis. They will report back to the board at our
February 27th meeting.
MARIN COUNTY HAZARDOUS & SOLID WASTE
JOINT POWERS AUTHORITY
OFFICE OF WASTE MANAGEMENT
PROGRAM UPDATE
JANUARY 1995
AS 939 PROGRAMS: PLANNING &
IMPLEMENTATION
PLANNING
SRRE & HHWE Aooroval orooess, On De-
cember 14. 1994 the California Integrated
Waste Management Board(CIWMB) ap-
proved our Multijurisdictional Household
Hazardous Waste Element(HHWE) and
gave conditional approval to our Multiju-
risdictional Source Reduction & Recycling
Element(SRRE). The Board found that.
due to deficiencies in two sections of the
dooument. additional information neces-
sary regarding the "exoluded wastes' and
several data inconsistencies among text
and tables. the SRRE would be granted
conditional approval. until these deficien-
cies are corrected. On December 1,
1994. OWM staff addressed the CIWMB
Planning Committee on this item. Board
members were very complimentary of
Marin's programs and agreed that these
deficiencies were minor in nature. Staff
expects that corrections can be made
within the next two months. so that we
can return to the CIWMB Board. shortly,
to obtain full approval for the SRRE,
Sitina Element. The Administrative draft
of the Siting Element is being reviewed by
staff and landfill operators. The draft
Siting Element will be distributed to the
AB939 Task FOrce members for review at
their meeting on February 27.
IMPLEMENTATION: EDUCATION &
PUBLIC OUTREACH
Christmas Tree Recvclina: Staff distrib-
uted over 10,000 flyers, posters and bro-
chures to Christmas tree lots. libraries.
city halls and other locations during the
month of December. A press release was
distributed to local papers. Over 20 drop-
off locations for Christmas tree recycling
were available to Marin residents this
year. In addition. Marin Sanitary and No-
vato Disposal customers offered curbside
collection service. This program contin-
ues to receive lots of interest by county
residents. Staff is currently compiling
data on total trees collected and tonnage
recycled. and will report on this in the
February update,
Tis the Season for Batteries. With
household battery usage at its peak over
the holiday season, we continue to
encourage the public to safely dispose of
their household batteries and to switch to
rechargeables. whenever possible. In ad-
dition to the drop-off location at Marin
Recycling Center, Novato Recycling Cen-
ter will soon be able to take household
batteries. In addition, during November
and December. 'Wound-About'. the bat-
tery toy store at the Village in Corte
Madera was able to safely dispose of all
their used batteries through our program,
In exchange, they prominently displayed
our Household Battery brochure on their
page 1 of 2
Non-Disoosal Facilitv Element(NDFEl. The
NDFE. adopted by the Task. Force on Sep-
tember 26. 1994. has been distributed to
the cities for final approval. Following
city and county adoption. the final NDFE
will be sent to the CIWMB for their ap-
proval. It is expected that this will be
completed by the end of February. (The
draft NDFE has been reviewed by CIWMB
staff. and it is expected that we will re-
ceive full approval on this document,)
counter for their customers,
Wound About!
Thanks
Master Comooster Prooram. The Master
Composter Training Program is proceeding
on schedule, with "trainees" embarking
upon their community service projects.
These projects include presenting back-
yard composting workshops to residents
around the county in February and March,
establishing yard waste and worm com-
post bins at several schools and commu-
nity gardens, and developing some unique
designs for compost bins and systems. A
press release on the February publio
workshops will be sent out, shortly, In
addition, the county has established a
demonstration compost site for public
workshops and com poster training at the
county's Lucas Valley property,
l
HOUSEHOLD & VSQG HAZARDOUS
WASTE PROGRAM
HHW & VSQG Collection Events. The
next series of HHW collection events will
begin in April. Locations will be an-
nounced shortly.
More Locations for Used Oil Collection.
There are now 1 7 locations throughout
the county where residents can bring their
used motor oil for recycling. This
represents over a 200% increase in loca-
tions from only a year ago! Thanks to the
certified collection center program and the
California Integrated Waste Management
Board Used Oil Recycling block grant, we
have been able to provide residents with
this increased level of service.
~
~
~
.....
....
.~
Household Hazardous Waste Grant Dis-
cretionarv Grant. The Integrated Waste
Management Board will be deciding on
disbursement of these funds at their
meeting in January, CIWMB staff is rec-
ommending to fund oUr grant request, at
a reduced level, to provide the fluorescent
lamps and antifreeze collection at Marin
Recycling, along with the load cheok pro-
grams at both Marin and Novato Recy-
cling centers. The original request, at
$33,000, has been reduced to $29,799.
The City of San Rafael's request for a
grant in the amount of $115,785 to con-
struct a permanent household hazardous
waste collection facility is also being rec-
ommended fOr funding at a reduced
amount.
HAZARDOUS MATERIALS PROGRAMS
Hazardous Materials Transoortation Plan-
nino Grant, Unfortunately oUr request for
a $3,000.00 grant from the Office of
Emergency Services to provide assistance
in coordinating the revisions and updates
for the County Hazardous Materials Inci-
dent Area Plan was denied. However, we
are still planning on updating the plan this
fiscal year.
SB 1082. Final regulations for this pro-
gram were recently promulgated by the
state and are being reviewed by staff. A
complete update on the program will be
available for your Board at the February
meeting,
~
fI
Am<<ican liGn !angu.;e interpr~er' and ...illive liltening d....ic. m.., be requ.l<<! by calling (4161 498-6172 (TOOl 01' (4161 498-88471tvOicelat l-.t 72 houri
In .tvanc:e. Copi_ of d~.... .....1aiHe in ~Ie fo'~t. voon req....1.
page 2 of 2
;:
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Nygren called the adjourned meeting of the Town Council of the Town of Tiburon
to order at 7:35 PM, Monday, December 5, 1994 in the Town Council Chambers, 1101
Tiburon Blvd., Tiburon, CA 94920.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Ginalski, Thayer, Thompson, Wolf,
Nygren
EX-OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, Town Engineer Mohammadi,
Planning Director Anderson, Finance
Director Stranzl, Minute Clerk McVeigh
B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITTEES
There were none.
C. PUBLIC OUESTIONS AND COMMENTS
Mirella Abbo, 90 Rowley Circle, urged the Council to maintain its tradition of the
top vote-getter in the election be appointed Vice-Mayor.
D. COUNCIL. COMMISSION OR COMMITTEE REPORTS
MARIN HAZARDOUS AND SOLID WASTER JPA BOARD MEETING HELD
NOVEMBER 28, 1994
Mayor Nygren reported on the subject meeting. This newly fonned Board has not
established a sense of trust between each other. All members do agree that the State
mandated diversion requirements will be difficult for each community to comply
with by themselves and that a JPA is necessary. Tiburon must meet the mandated
50% diversion requirement by the year 2000. Tiburon currently is at 24-25%. She
reported on the heavy fines if the Town does not meet its mandate. She noted the
Town must work with the Chamber of Commerce and the downtown community.
The JPA must hire a new administrator and find facilities to house the
administrative offices. Davis Company, consultant, has set a target date of July 1995
to find administrator and offices.
TOWN COUNCIL MINUTES #1037
12/05/94
I
TIBURON'S 1995-96 IDA GRANT AWARD FOR BLACKIE'S PASTURE
Vice Mayor Thompson reported that tomorrow morning the Board of Supervisors
has on their consent calendar approval of the 1995-96 IDA grant awards of which
Tiburon has qualified for $33,000. This money is in addition to the $36,000 awarded
for 1994-95 and will be for construction of parking lot areas, road work and bike
way improvements in Blackie's Pasture.
Councibnember Ginalski reported he spoke with Barbara Salzman regarding the
revised Phillip Williams marsh plan. The revised "charge" has been circulated to
the Town Council, Parks & Open Space Commission and Blackie's Brigade and he
has requested their comments by December 15, 1994.
E. CONSENT CALENDAR
MOTION: to approve the Consent Calendar consisting of:
1. FAX EQUIPMENT (Authorize Purchase of New Fax Machine)
2. "ENOUGH IS ENOUGH" CAMPAIGN (Proclaim December 15
as "Enough is Enough Day" in Conjunction with Viacom and
MTV)
3. CERTIFICATION OF NOVEMBER 8, 1994 MUNICIPAL
ELECTION "MEASURE I" - Resolution)
Moved:
Vote:
Thayer, seconded by Thompson
AYES: Unanimous
F. PUBLIC HEARING
4. RESIDENTIAL BUILDING RECORDS (Amend Ordinance, 2nd Reading and
Adoption)
Town Attorney Ewing reported this matter is agendized for second reading and
adoption of the subject ordinance. First reading was approved on November 16,
1994.
Mayor Nygren opened the public hearing. Being no response Mayor Nygren closed
the public hearing.
MOTION:
Moved:
Vote:
to read by title only
Thayer, seconded by Nygren
A YES: Unanimous
TOWN COUNCIL MINUTES #1037
12/05/94
2
Mayor Nygren read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REPEALING CHAPTER 13A OF THE TIBURON
MUNICIPAL CODE AND ADDING A NEW CHAPTER 13A REQUIRING
RESIDENTIAL BUILDING REPORTS ON THE RESALE OF BUILDINGS".
MOTION:
Moved:
Vote:
to adopt second reading
Thayer, seconded by Thompson
A YES: Ginalski, Thayer, Thompson, Wolf, Nygren
5. CORINTHIAN ISLAND STAIRS (Property Owner's Appeal of Building
Official's Decision Requiring Repair of Stairs)
Town Attorney Ewing reported this item is an appeal of the Building Official's order
to repair or abate the dangerous conditions of the Corinthian Island stairs. The
order was sent to the presumed owners of the stairway. The order was appealed by
Don Fisher. He then reviewed a map showing the stairway and ownership of
easements that the stairway runs through. The stairway runs through easements
owned by the Town of Tiburon, Mr. Swift, Ms. Rosenswig, Mahoney, Morey and
Fisher. After completion of the Town's survey last week two more owners were
discovered, Maso and Investigation Medica Internacional. He noted there are three
issues, 1) what needs to be done to abate the hazard, 2) who is responsible for those
actions and 3) when must those actions be completed. In regard to what needs to
be done, the stairs can either be repaired, removed, or adequately close off the
affected portion of the stairs so they cannot be used. He noted at least one home off
Eastview has sole access via the stairs, so that portion from Eastview to the home
would have to be preserved. He noted closure of the stairs would mean the loss of
public access, which has historically been used by many residents of Corinthian
Island. Ewing noted that once a decision is made as to what will done to abate the
nuisance, the matter of who is responsible for the cost needs to be addressed. The
Building Official's order is to see the hazard is abated by the owners of the structure
and not detennining how the hazard was created. He reviewed options for
responsibility for cost of abatement. The costs could be borne by all ownerS of any
portion of the stairs; by owners of the damaged portion of the stairs; by the Town;
or by residents of Corinthian Island. Ewing reported that once the Council
detennines what must be done and who must pay, a time frame must be established.
If the hazard is not abated within the time frame, the Town would be able to pursue
legal remedies and have the nuisance abated.
Dean Bloomquist, Building Official, noted the Fire District accesses the homes on 49,
73, 71 and 69 East View from the Stairs and would not find it acceptable to close the
stairs. He responded that the Bank Building cannot be used as a retaining wall, the
stairs need to be supported individually. In response to Vice Mayor Thompson,
Bloomquist noted 59 Eastview is solely accessible by the stairs.
TOWN COUNCIL MINUTES #1037
12/05/94
3
Council discussed that no one really knows who built the stairs and that they have
never been dedicated to the Town.
Mayor Nygren opened the Public Hearing.
Dr. George Swift representing himself and Alice Rosenswig stated he spoke to the
Mahoney's and the Mahoney's indicated they know they are responsible for the
repairs. He noted that "Nanny Goat" Lane is a public thoroughfare and not a
sidewalk and existed before February 1910; feels the lane belongs to the Town as it
is a public thoroughfare not a private sidewalk; offered to deed interest in the
easement to the Town for $1; felt the Town has set a precedent by installing the
retaining wall at South of the Knoll and various other repair projects undertaken by
the Town. He feels the Town has the facilities and means to repair the stairway at
a fraction of the cost. He then reviewed California Civic Code Section 832 which
states it is the downhill property owner's responsibility to build a retaining wall so
erosion does not occur, and in this case that would be Mahoney and Morey. He
noted he is interested in cooperation and not litigation and urged the Council to take
over the steps, repair them and maintain them in the future.
Mayor Nygren questioned if the stairway is a street as suggested by Dr. Swift?
Town Attorney Ewing responded he did not agree with that position.
Mayor Nygren questioned if the down hill owner is responsible for retaining the
soils? Attorney Ewing responded that general principal provides that the downhill
owners provide lateral and adjacent support for up hill owners.
Mayor Nygren questioned if the Town could make the needed repairs? Attorney
Ewing stated the Public Works Department is not in a position to do so,and
generally only does minor carpentry.
Councihnember Wolf questioned if the Fire Department says the stairs must be kept
open, can they be closed at the bottom and left open at the top?
Mr. Don Fisher, 73 Eastview, stated the Town should not even consider closing the
stairs; during the summer the stairs are a integral part of the downtown area and
noted he would be willing to pay for a portion of the repairs, but feels the repairs
should not cost $50,000.
Mr. Settley, insurance company representative for Dr. Swift, questioned how the
Town would classify "Nanny Goat" lane? Attorney Ewing responded, privately
owned parcels with stairs on it. Mr. SetUey then questioned if there is any reason
why the steps could not be removed. Ewing responded the Fire Department may
have some concerns and Corinthian Island residents could enforcement prescriptive
rights.
TOWN COUNCIL MINUTES #1037
12/05/94
4
Paul Grothe, 53 East View, read a letter and noted there is a fire and safety issue
and feels the walkway should be repaired immediately.
Mayor Nygren closed the public hearing.
CounciIrnember Ginalski recommended that the various owners of the steps meet
with Staff to see who owns what and consider a benefit assessment district. He
noted the stairway should remain open but the Town does not want responsibility for
the stairs. CounciIrnember Wolf noted that a benefit assessment district would
require 75% approval of the property owners.
CounciIrnember Thayer agreed with CounciIrnember Ginalski, and recommended the
Fire District attend the next Council meeting to explain their position on closing the
stairs. Staff was also requested to obtain a finn cost on the repair of the stairway.
6. HERITAGE & ARTS COMMISSION
a. Consider Commission's Recommendations Regarding Town's Policy of
Naming Streets, Parks, Projects, etc.
Heritage & Arts Commission Chair Janet Braff reviewed the Commissions'
recommended revisions to the Town's Naming Policy which would allow
naming of Town streets, parks, etc. after people providing "outstanding
public service".
MOTION:
Moved:
Vote:
to accept the new naming policy
Thompson, seconded by Ginalski
AYES: Unanimous
b. Approve Downtown Guide Funding & Distribution
Janet Braff noted the preliminary downtown walking tour guide is finished.
She noted that it will cost approximately $1,000 to reproduce the guides.
The Heritage & Arts Commission will contribute $500 so an additional $500
is needed to complete the project.
Diane Ashley, President of the Chamber of Commerce, invited the Heritage
& Arts Commission to attend their next board meeting and seek funding from
the Chamber.
Council approved $500 towards the downtown walking tour guide and would
support additional funding if needed.
TOWN COUNCIL MINUTES #1037
12/05/94
5
7. POLICE AND ADMINISTRATION BUILDING
Town Manager Kleinert reported since the failure of Measure I, there has been
significant discussion about resubmitting the measure to the electorate in March or
June 1995. There is currently not enough time for resubmittal for the March 1995
election. Council at their November 16 meeting agreed to consider (a) a phased
approach for implementation of the Ned's Way Police and Administration Building
and deferring the Council Chambers and Joint Recreation Offices; (b) possible
alternative financing options which could perhaps eliminate the need for a Town
parcel tax; and (c) Downtown, no tax alternative, proposal with new Police facilities
at Ned's Way and Tiburon Blvd. A committee headed by Bruce Ross was directed
to present their detailed project plans and proposed financing for the Downtown
plan for the Council's and public's consideration in January 1995. Manager
Kleinert reported that Eric Glass, architect, has analyzed the phased approach with
reduced parking would save $530,000. To add the Council Chambers, Joint
Recreation Department and parking at a later date would cost approximately $600-
700,000. He noted that with the phased approach $1,278,000 would still have to be
raised to finance construction. Staff still recommends an increase in property
transfer tax
Dick Hinkel, 2 Malvino, questioned if an EIR for any development on the Ned's
Way property that is sold to subsidize the Town Hall building elsewhere would be
required? He questioned if the School District is asked to relinquish their rights to
the easement in order to construct the police building at Ned's Way, would there be
any cost? He feels the Town should not consider any plan with shared parking. He
expressed concern that the Library Committee does not own the property for the
building at this time. If the land where the library is supposed to go does not
become a library, consideration of the downtown plan may involve transfer of
parking rights, and the property between Horne Saving and the Safeway store was
earmarked for senior housing.
Bob Holmes, Marin County Board of Realtors, responded that increasing the real
property transfer tax is illegal for General Law Cities. He opposed raising this tax
for the purpose of building a new Town Hall. He feels it is like making a seller pay
for a new Town Hall that they will no longer be around to use. He urged the Town
to consider another source of funding for the Town Hall construction. He noted the
Board of Realtors would be willing to work with the Town to find alternative
funding sources.
Mayor Nygren closed the public hearing.
Councilmember Ginalski stated that he was surprised that there was not going to be
any discussion of the split downtown plan this evening. He recommended another
meeting, perhaps December 14 in which the following issues of the downtown plan
TOWN COUNCIL MINUTES #1037
12/05/94
6
could be responded to and discussed. (1) Need to study parking analysis on the
downtown split portion of this plan; (2) Stan Bala's site plan; (3) conceptual program
for the elderly care housing; (4) Police building layout; (5) invite representatives
from the Child Care center, School Board, Library Committee and see who they
stand on the proposal; (6) a presentation by Mr. Zelinsky on how be plans to
transfer the property. He expressed concern that more residents have seen the plan
than Councilmembers. Ginalski suggested that Staff should put together the
property transfer tax increase and file a suit in court to have the court determine the
constitutionality of the tax increase.
Councilmember Wolf noted that Bruce Ross will not be ready to present the
complete, debugged plan, by December 14th. She noted she will be out of Town on
that date. She noted that presentation of the plan on January 4, 1995 will allow the
public six weeks to review the plan. She feels that Council is attempting to rush this
plan.
Councilmember Thompson agreed that the downtown plan will not be ready for
review on December 14. He noted his surprise that the phased Ned's Way approach
would only save $530,000 and feels it should be done all at once if the site is used.
Ginalski urged that the meting of the 14th go forward with the analysis of the
parking issue and invite members of the affected group to come and speak.
Mayor Nygren stressed that the other members of the Council should be brought in
on the downtown plan so they can work together. She questioned what use permits
would need to be revised to implement the downtown plan; will the Town have to
change its downtown parking and zoning program; how is this particular property
zoned and what kind of general plan amendment will be needed; need traffic analysis
for Mar West; where will the parking designated for Angel Island be relocated; are
the two buildings going to be built at the same time; who will pay for traffic
circulation improvements for the new police building, or a new signal at Mar West;
if senior care facilities are built at the Ned's Way site, how will it affect the
Community Garden?
Councilmember Wolf noted that it is unfair to look for answers to potential problems
before the entire plan is presented.
It was the consensus of the Council to schedule a meeting for December 13, 1994 to
review the site and circulation plan and invite members of the school Board, Child
Care Center and Library Committee for their comments on the downtown plan at
this point.
TOWN COUNCIL MINUTES #1037
12/05/94
7
9. STREET SWEEPING AND STORM DRAIN MAINTENANCE SERVICES
(Approve Contract with Mill Valley Refuse Services and Authorize Costs Pro-
Rated to Residential and Commercial Rate Payers)
Finance Director Stranzl reviewed the proposal from Mill Valley Refuge to provide
the Town with street sweeping and storm drainage maintenance services. Residential
streets would be swept once a month and commercial areas twice weekly. The
annual cost of such services is $51,455. These services will be funded by a $1.03
allocation to residential accounts and $8.90 per month for commercial accounts.
Councilmember Wolf stated she would like the amount of money saved by the Town
by contracting out these services to be dedicated to things of high priority to the
Town citizens, i.e. street maintenance.
MOTION:
Moved:
Vote:
to accept the contract proposal of Mill Valley Refuse Company to
perform street sweeping and storm drain maintenance service in
Tiburon, and authorize Staff to execute the contract and accept the
proposed rate allocations, which apportions costs based on service
activity in the residential and commercial areas respectively
Thompson, Seconded by Thayer
A YES: Unanimous
10. MILL VALLEY REFUSE SERVICE QUARTERLY PICK-UPS
Town Manager Kleinert reviewed to proposal to change the four quarterly trash pick
ups from two yard waste and two mixed trash to three yard waste and one mixed
trash. He noted the basis for this change is that many residents prefer not to hold
on to their yard waste for long periods of time or until the next appropriate pick-up.
Instead they dispose of the yard waste along with their regular weekly garbage pick-
up which then ends up at the landfill.
MOTION:
Moved:
Vote:
to approve three yard waste and one mixed trash
Thompson, Seconded by Wolf
A YES: Unanimous
11. STATE DIVERSION OF LOCALLY GENERATED REVENUES TO
SUBSIDIZE STATE FUNCTIONS (Formal Objection to State's Continued
Property Tax Shift to Subsidize State Budget - Resolution)
MOTION:
Moved:
Vote:
to adopt the resolution objecting to the diversion of locally generated
revenues to subsidize the State of California's Functions
Wolf, Seconded by Thayer
A YES: Unanimous
TOWN COUNCIL MINUTES #1037
12/05/94
8
I. COMMUNICATIONS
12. Letter from State Department of Housing and Community Development to
Town Manager dt'd 11/18/94 (Tiburon's Housing Element)
The Town Council acknowledged receipt of the letter.
13. Letter to All California Cities and League Board of Directors (Establish A
City Legislative Delegate Program)
Mayor Nygren will represent the Town of Tiburon.
J. STAFF AND TOWN MANAGER REPORTS
14. B. Meghnaigi Complaints Regarding 80 Pine Terrace (Status Report &
Recommendations)
Town Manager Kleinert reviewed the complaints of Ms. Meghnaigi against the
property owner's of 80 Pine Terrace. Both property owners spoke on the matter
and they accepted Staff's recommendation that the issues are not violations of Town
codes or regulations and they are more of a civil or private issue between the
neighbors and that no further Town action will be taken. Staff will have the street
light lowered and light deflectors installed.
15. Tiburon Peninsula Disaster Exercise (Summary of November 30 Table- Top
Exercise)
The Town Council accepted the report.
K. CLOSED SESSION
Council convened to a Closed Session at 12:05 AM.
L. ADJOURNMENT
Being no further business of the Town Council of the Town of Tiburon the meeting
was adjourned at 12:15 AM, Tuesday, December 6, 1994 to Wednesday, December
7, 1994 at 3:00 PM.
TOWN COUNCIL MINUTES #1037
12/05/94
9
KAREN NYGREN, MAYOR
ATTEST:
THERESE M. HENNESSY, TOWN CLERK
TOWN COUNCIL MINUTES #1037
12/05/94
10
!
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:35 P.M., Wednesday, January 4, 1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Wolf, Nygren, Thompson
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Town Engineer Moharnrnadi, Police Chief
Herley, Planning Director Anderson, Finance
Director Stranzl, Town Clerk Hennessy
B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES
Motion:
To reappoint Priscilla Tripp and Jerry Riessen to the Joint Belvedere
Tiburon Recreation Committee for four year terms.
C. PUBLIC OUESTIONS AND COMMENTS
Nat Marans questioned whether the Downtown Town Hall Committee was appointed
by the Town Council.
D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS
. MARIN COUNTY HAZARDOUS AND SOLID WASTE IPA MEETING
Councilmember Nygren reported on the December 19 agenda and the search for an
Executive Director.
E. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the following items:
1. APPROVAL OF MINUTES #1036, November 16, 1994 as amended
2. INVESTMENT SUMMARY REPORTS (October and November 1994)
3. SECTION 125 PLAN (Authorize Entering Into Agreement)
TOWN COUNCIL MINUTES #1039
1/4/95
1
4. TOWN ENGINEER SERVICES (Approve Agreement between Town and County
of Marin as amended)
5. HERITAGE & ARTS COMMISSION (Add Mission Statement & Revise
. Functions - Resolution)
6. CALIFORNIA INTEGRATED WASTE MANAGEMENT ACT OF 1989 (Adopt
Multi-Iurisdictional Non-Disposal Facility Element for Marin County and Its Cities
- Resolution)
Moved:
Vote:
Thayer, Seconded by Wolf
AYES: Unanimous
NOES: None
F. UNFINISHED BUSINESS
7. NEW TOWN CENTER DOWNTOWN PLAN PROPOSAL (Presentation of
Report by Special Ad Hoc Committee Consisting of Schematic Designs, Cost
Estimates and Financial Feasibility)
The Town Manager reviewed the Staff report; no documents were submitted to staff
prior to the meeting.
Bruce Ross, Chairman of the Downtown Town Hall Committee, thanked everyone for
their help; noted this is a report from the Committee, not a proposal; it is information
to be looked at by everyone at the same time; then the Council can disseminate it, take
time to analyze and digest it; suggested it be discussed at the next Council meeting. Mr.
Ross gave Council a Tiburon Downtown Town Hall Proforma and Tiburon Town Hall
Space Comparison to Measure I, and cost estimates prepared by Adamson Associates;
reviewed schematic drawings of downtown site and Police Building at Ned's Way;
reviewed parking lots and circulation.
In response to Councilmember Thayer, Mr. Ross stated to show a site plan for a
proposed congregate care facility at the Ned's Way site was beyond the scope of the
Committee.
Mr. Ross reviewed the Proforma cost analysis; stated he would provide conceptual
drawings for the Ned's Way proposed housing; stated the Emergency Operations Center
was included in the Police Building training room, this drawing prepared by Eric Glass.
In response to Vice-Mayor Ginalski, Mr. Ross stated the height of the building is 24' to
the bottom of the roof; 31' to the base of the cupola; 37' to the top of the cupola and
approximately 62' wide; stated he would provide Council with copies of the letters
presented to developers to get cost estimates for the Ned's Way site.
TOWN COUNCIL MINUTES #1039
1/4/95
2
In response to Councilmember Nygren, the Planning Director stated no questions could
be answered until a plan was available.
In response to Councilmember Nygren, Mr. Ross stated:
The Committee did not make a comparison to Measure M which is bigger; figures
are available; presented schematic plans that need to be refined.
Corridor space is included in the square footage.
Both buildings will have emergency generators.
It is not the Committee's responsibility to negotiate terms with Mr. Zelinsky.
It is not the Committee's responsibility to negotiate terms with the School District;
the Committee will make an informational presentation to the Board January 12.
Staff to ask the School District to officially agendize this item for discussion to determine
if they would be willing to release the Town from the provisions of the pedestrian
easement.
AI Kuhn, former Mayor, encouraged Council to give the District as much time as
possible for preliminary discussions; they are concerned about circulation, safety and
pedestrian traffic; stated the Downtown Town Hall Committee was trying to be a non-
advocacy type of committee.
Councilmember Nygren stressed the importance of knowing the School District's
response. The Town Manager stated he would call the School District's Superintendent
and tell her Council needs some indication of their support for relinquishment of the
easement and perhaps they can place it on their next agenda.
Mr. Kuhn asked Staff to prepare an analysis of the original deed and conditions; at the
time the School District expected to close Reed School; asked the Town Attorney for
a brief of the precise nature of the Town's property rights and the property rights of the
School District.
In response to Councilmember Nygren, Mr. Ross explained the variations of senior
housing with no care facilities up to the point of assisted living arrangements; stated the
proposal is deliberately unspecified because it is market driven; senior housing typically
provides one parking space per unit; it is understood senior housing has very low on-site
parking and traffic flow.
In response to Councilmember Nygren, Mr. Ross stated the Beach Road site provided
for 24 spaces; the current proposal provides for 28 spaces which would be adequate for
TOWN COUNCIL MINUTES #1039
1/4/95
3
Staff; stated it is not a site standing by itself so it has to develop all the parking it needs;
it is adjacent and close to other uses.
In response to Councilmember Nygren, Mr. Ross stated the EIR prepared for the
Tiburon Peninsula Club states on page 5-15 that traffic at Mar West and Tiburon Blvd.
will require signalization with or without the Town Hall project; projects that create the
additional traffic will share in its cost.
There was a brief discussion regarding foundations based on weight of the building.
In response to Councilmember Nygren, Mr. Ross stated he would clarify as to whether
the Administration Building cost estimates included it being built to emergency
standards.
Hal Edelstein, 34 Noche Vista, stated he thought it was a good job; noted cost
contribution that the Ned's Way site might make to the revenue to off-set cost of the
building is based on assumption of what goes on the site; noted circulation is important;
noted last surnrner's drawing showed parking spaces with straight in access.
Mr. Ross stated that the drawing prepared earlier was for market rate housing and had
two cars per unit; it showed two car garages; with a congregate care facility there will
be consolidated parking in garage.
Mr. Edelstein noted that the Town administration building contains essential services,
i.e., Town Manager, Building Inspection, etc. and it was considered advisable it be up
to emergency standards; suggested a parking study based on time usage.
Mr. Ross noted afternoon hours are peak demand for library; Town Hall demand is in
the mornings for contractors getting permits; peak time for Town is at night and Mr.
Zelinsky's lot is empty.
In response to Vice-Mayor Ginalski, Mr. Edelstein stated the current design responds
to some of his concerns listed in a letter dated November 18; stated it is never a good
idea to have an intersection that close to the street; an alternative is to put the entrance
off the driveway and he would defer to the Town Engineer. Mr. Ross showed sketch
prepared by Town Engineer; stated he was confident there is enough area that any
problems can be resolved.
Bruce Abbott, 458 Greenwood Beach Road, asked if this proposal would generate
enough revenue without a bond issue. Mr. Ross responded yes.
In response to Nat Marans, Mr. Ross stated property can be rezoned; the proposal is for
modest dwellings such as Bradley House.
TOWN COUNCIL MINUTES #1039
1/4/95
4
In response to Councilmember Nygren, the Planning Director stated the property is
zoned as quasi public site; there would have to be a General Plan amendment and the
Town has to go through the CEQA process; the same process as Measure M when the
Town hired a consultant to do it.
Mr. Ross asked if there was an EIR for Measure M or Measure I; there were no impacts
on traffic that required an EIR; magnitude didn't generate need for an EIR.
Ken Leigh, District Superintendent of State Parks, stated their concern is not about
design or configuration of Town Hall, but on parking; stated they have undertaken an
effort to keep Angel Island solvent; met regarding ferry services from other locations;
Tiburon went on record not to support it; concerned about loss of parking as it relates
to the new Town Hall site; stated they had a 25 year lease with Main Street Properties
that states the lessee will provide up to 200 spaces for parking facilities; noted the permit
expired before the lease was signed; another section states the lessor will provide 100
spaces in other areas; stated if the Park Service reaches their objective capacity, they
anticipate need for 300-350 spaces; if parking is not available, he wonders where those
spaces will come from and if this become a breach of contract; stated they might have
litigation and wanted to bring that to the Council's attention.
Councilmember Wolf pointed out there are over 100 spaces; there is no lessening of
spaces; there is a proposal to transfer of location to the dirt lot near Safeway which
would take 58 cars; there are actually 134 spaces available with the proposed plan.
Mr. Leigh stated the Park Service currently parks at the dirt lot on a monthly basis.
In response to Councilmember Nygren, Councilmember Wolf stated there are zero
parking spaces allocated for Angel Island. The Mayor noted he didn't want speculation;
stated the Town is preparing a parking study. The Mayor also noted it is the Town's
policy not to support another ferry service from Larkspur at this point in time; the Town
would look at other ferry services when the demand warranted it; Town doesn't want to
undermine the existing ferry service.
In response to Randy Greenberg, Norman Way, the community garden would not be
sold.
Ms. Greenberg urged the Council to get a timeframe on the parking study; this data is
needed to evaluate how the plan works; stated the proposed housing on the Ned's Way
site had to be more than three words on the plan; it drives other issues.
In response to Councilmember Nygren, Mr. Ross stated there's virtually no problem
regarding parking; noted if the Council determines it appropriate for meetings during
the day, then they will have to consider impacts and make arrangements for shared
parking; however, for night meetings there is not problem; the anticipated use for the
TOWN COUNCIL MINUTES #1039
1/4/95
5
library wouldn't have heavy use in the evening; Mr. Zelinsky's lot is available as well as
lots at Safeway, Home Savings, etc.; the issue of how much you let the cornrnunity use
the facility other than for specific meetings is up to the Council.
In response to Councilmember Nygren, Mr. Ross stated anyone who buys the Ned's Way
site will accept demolition of the existing buildings in plenty of time; with $1.4 million
in pocket, the Town could get a bridge loan; regarding parking along Ned's Way and
near the Child Care Center, there would probably shared costs and primarily the
responsibility of the housing developer; parking requirements will go down because
density of this site will be down; community garden parking could be a condition on sale.
Mr. Ross stated the School District would discuss the traffic circulation with the
developer.
Vice-Mayor Ginalski noted the Council needed time to digest this information;
important to have a special meeting before the School District meeting on the 12th to
look at rendering and information regarding assumptions made on the value of the land,
traffic study, etc.; want to agendize questions regarding the proposed initiatives being
circulated; asked that when the Council discusses the Town Hall, the agenda be as
general as possible so they can discuss all aspects of the proposal.
Mr. Ross noted the Council is asking him to do a pro bono design of the site and
convincing enough for Council to make a decision; he could not do that in one week.
Councilmember Wolf stated they needed to coordinate with Larry Smith and should
have everything ironed out by the Town workshop on February 4.
Councilmember Thayer stated parking seems to be the major issue; stated Mr. Leigh had
pointed out considerations he was not aware of; concerned there was a legal
commitment to provide spaces that have not been considered by the Town's allotment
of spaces; stated the Town has reversed a long standing policy of not encouraging ferry
services from Larkspur; noted the Town doesn't want to be a high profile tourist
destination; stated we have spent a lot of time trying to lower density and succeeded in
doing it; we are about to accomplish a great victory with the Harroman and lay
properties; to sell town property and develop 25 units or whatever it takes should be
considered when considering this proposal; stated the residents have to pay for the use
out of pocket or will pay with higher density, more traffic, more concentration of traffic
at Ned's Way; it isn't 25 cars; it is people who come to visit; people who provide
services; stated it will change traffic impacts on Tiburon Boulevard substantially.
Councilmember Nygren stated she still hadn't heard Mr. Zelinsky's conditions; had heard
some conditions; wanted something in writing by the next meeting; pleased
representatives from Angel Island were present; people need to consider do they want
Town Hall downtown or preclude parking for Angel Island; the Park Services state they
are concerned; how does it impact the Town and Chamber if we put a Town Hall
TOWN COUNCIL MINUTES #1039
1/4/95
6
downtown that takes away the tourist and visitor uses; maybe the Planning Director can
come up with some preliminary information; would like to hear how the Agreement
referred to by the Park Service affects the parking program the Town currently has in
place; want to know from the School District what they are going to do with the
easement; concerned about visual quality of a 10,000 sq.ft. library and over 9,000 sq.ft.
where people are now accustomed to looking at open space; it is the area people can
now look up and see Harroman property; what will be visual impact of two large
buildings on open space; suggested story poles to make a determination so people can
see visual impact in that area.
The Mayor thanked Bruce Ross for tremendous amount of work, and noted this
presentation only cost the Town $5,000; noted the Town wants to insure maintaining
small Town character of Tiburon; don't want to be a Town that is constantly reeling with
the ebb and flow of the tourist tide; he reiterated he ran on a platform of a downtown
Town Hall; thought people would be able to see Harroman property from everywhere;
stated there are a lot of attributes to the plan; parking is very important and there are
concerns that can be worked on; can play number games on allocation shifts; the reality
is lots are not being used; need to think of parking lots as multiple use of parking by
hourly usage.
Item continued to next week.
8. DONAHUE BUILDING LEASE (Authorize Lease to Landmarks Society)
Because the Town Council received the Lease this evening, and the Point Tiburon
Bayside and Lagoon Homeowners Associations had not been advised of this meeting,
the Town Council continued this item to the next regular meeting of Ianuary 18.
G. PUBLIC HEARING
9. APPEAL DESIGN REVIEW BOARD DECISION (AP. #58-261-35; Applicants:
Mr. and Mrs. Boosalis, 102 Mount Tiburon, New Residence; Appellants: Howard
& Diane Zack)
Planning Consultant, J ayni Allsep, reviewed the Staff report; Staff has found the proposal
in conformance with the development standards of other R-Ol Zone, the FAR guidelines
specified by Section 4.02.07 of the Town's Zoning Ordinance, and the General Plan. Ms.
Allsep stated by conditionally approving the design review application, the Design
Review Board found that the project substantially conforms to the Guiding Principles
and Site Development Criteria contained in the Zoning Ordinance and the Hillside
Design Guidelines. Staff recommends that the Town Council uphold the decision of the
Design Review Board to conditionally approve the plans for the proposed residence at
102 Mt. Tiburon.
TOWN COUNCIL MINUTES #1039
1/4/95
7
Howard Zach, 99 Mt. Tiburon Road, stated the proposed home obscures the most
important part of their primary view from their primary rooms; proposed design violates
basic tenets of the Hillside Guidelines; showed montage depicting view loss; reviewed
design of the proposed home; urged Council to direct applicant to make changes that
his architect, Colleen Mahoney, will recommend.
Colleen Mahoney, architect, didn't believe Hillside Guidelines were being followed
adequately; felt 18 1/2 foot ceilings in an entryway is a gross disregard of the Hillside
Guidelines; discussion ensued regarding plate heights being reduced; suggested front
area of the house be reconsidered with an overall reduction of l' and actual sections
further reduced by 24' in the dining/kitchen area and entry; suggested Council return the
matter to the Design Review Board.
Terrell Mason, attorney for Zachs, stated it is their contention the Design Review
Board's majority did not follow the spirit of the Hillside Guidelines; principle 13, goal
2; many suggestions were not taken into consideration; stated there was a mis-
assumption that there was more communication and compromise going on.
Robert Huff, representing Boosalis, noted blockage of center view is more damaging
than blockage of side views; noted Zacks have an almost unparalleled view of Tiburon;
they opposed Agins' application because of loss of view on Mt. Tarn; tonight they oppose
loss of view from same rooms; showed plot plan; stated view blockage is from a den;
noted Boosalis cannot request tree cutting below level of the view that exits when they
bought the property; stated Boosalis has compromised their view to accommodate the
Zacks; showed photographs; asked Council to uphold the Design Review Board.
Dean Dovalis, Project Architect, reviewed plans and changes; showed estimate of
additional excavation costs; stated other neighbors objected to further changes;
considered the driveway location as the safest area where it meets the other two
driveways thereby creating an intersection; eliminated fireplace in lower bedroom;
chimney size has been reduced from 7 x 3 to 3 x 4.
Kari Boosalis gave Council letters of support from eleven neighbors.
Vernon Waters, attorney representing Boosalis, stated the Council should uphold the
decision of the Design Review Board unless they found error or misuse of discretion of
the Board.
Russ Pratt, 95 Mt. Tiburon Road, Bob Greber 11 Mt. Tiburon Road (via letter), Joe
Plan, 19 Venado Drive, Sam Conhouse, 20 Place Moulin, Mrs. Pratt, 95 Mt. Tiburon
Road, Chara and Gary Schreyer, 83 Mt. Tiburon Road, supported the appeal and
requested the Council remand it back to the DRB.
TOWN COUNCIL MINUTES #1039
1/4/95
8
Jeff Slavitz, Vice-Chairman of Design Review Board, reviewed Board decision in terms
of what's fair and what's reasonable; Board looked at obstruction, but also the rest of
the Zacks view; question is whose view is it; is it the Zacks over the vacant lot; to what
extent can it be shared; didn't think anyone stated the chimney had to be moved.
Bruce Moody supported denying the appeal; stated he would be happy to window trees
to enhance anybody's view; urged Council to sustain the DRB decision.
George Chu, 75 Mt. Tiburon, thought the great room floor could be dropped; felt major
impediment are trees.
Charles Handerling, construction company, disputed excavation costs.
Jerry Nelson, Mrs. Boosalis's father, thought the Boosalis view loss had been substantial.
Jud Moorhouse, 85 Mt. Tiburon, felt conditions of approval were unclear; concerned
about lighting; stated fire hydrants can be moved and would prefer to see driveway
moved up-hill; noted Guidelines state primary view of San Francisco and Golden Gate
Bridge.
Diane Zack stated the view obstruction is from their primary view; thanked Mr. Moody
for offering to trim trees; regarding letters of support none of them have proximity to
this house; those who spoke tonight are directly affected; an appraiser, David Kirschoff,
told them an unobstructed view of downtown San Francisco cityscape contributed to
value; this proposal would be diminution of value; asked Council to assist in protecting
their views.
Councilmember Thayer thought the view at issue, while important, is not the
predominant view from the Zack's house; what is obstructed is a small part of the entire
view; driveway does concern him; would like to see different solution.
Councilmember Wolf thought there is a necessity to share views; perhaps there could
be improvement in the driveway; trusted the DRB Administrative Committee.
Ms. Allsep suggested upholding the DRB decision with the condition the driveway be
considered along with moving the fire hydrant.
Vice-Mayor Ginalski reviewed principles and goals of the Hillside Guidelines; believed
there was a view blockage from the Zack's dining room and deck of San Francisco and
Angel Island; believed the Guidelines were applied in error; amazing number of issues
still open; believed views could be enhanced by moving structure to the side.
Councilmember Nygren concerned DRB approved a project with a lot of open ends;
would like concerns addressed at the DRB so parties can negotiate and come to an
TOWN COUNCIL MINUTES #1039
1/4/95
9
agreement before the Board; felt lighting should be reviewed by the Board; concerned
about height of the entry area and clerestory; suggested possible removal of clerestory
windows; concerned the chimney could be reworked to minimize view; preferred to move
the driveway downhill.
Mayor Thompson stated views are extremely sensitive; felt Boosalises were being
squeezed between the Zacks and the lot below them; noted when riding in the basket
of the cherrypicker and lowered 3' views disappear behind trees and other obstructions;
noted tree ordinance is very clear about when you bought the property and when you
move in; would uphold the DRB and keep the floor level currently approved or move
it up possibly a foot; give more flexibility to the floor line without roof line going up;
favored driveway downhill even though there would be more hardscape.
Motion: To uphold the DRB and add the driveway issue to the DRB to resolve along
the lines discussed by Council.
Moved: Thayer, Seconded by Wolf
Ms. Allsep suggested Council modify conditions so that these modifications go back to
the full Board rather than the Administrative panel.
Amended Motion: To uphold the DRB decision and refer the driveway and all other
conditions of approval back to the full Board.
Thayer, Seconded by Wolf
A YES: Thayer, Wolf, Thompson
NOES: Ginalski, Nygren
Moved:
Vote:
H. NEW BUSINESS
10. TOWN ADMINISTRATION COMPUTER PROGRAM (Equipment
Replacement)
This item continued.
11. ANNEXATION POLICY AND PROCEDURES (Consider Overlay Zones -
Resolution)
Council waived reading Staff report.
Motion:
To adopt Resolution Adopting Policy with Respect to Prezoning and
Annexation of Established Neighborhoods.
Nygren, Seconded Wolf
AYES: Unanimous
NOES: None
Moved:
Vote:
TOWN COUNCIL MINUTES #1039
1/4/95
10
I. STAFF AND TOWN MANAGER REPORTS
12. . ABAG Mobile Police Training Unit (March 29 - April 17, 1995)
Informational item.
13. Setting Date for Joint Town Council, Planning Commission and Design Review
Board Workshop
February 9, 1995 was selected for Ioint Meeting with Council, Planning Commission and
Design Review Workshop. The Council also established February 18 for a Council/Staff
Retreat.
J. COMMUNICATIONS
. TOWN COUNCIL COMMITTEE ASSIGNMENTS (Mayor Thompson)
The Council made minor revisions and a new roster will be sent out.
. TOWN COUNCIL 1995 GOALS & OBJECTIVES (Mayor Thompson)
Each Councilmember and Department Head will submit their goals and objectives
for 1995.
K ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Thompson adjourned the meeting at 2:00 A.M., January 5, 1995 to Monday or
Tuesday, Ianuary 9 or 10, 1995 at 8:00 P.M.
MAYOR ANDREW THOMPSON
ATTEST:
THERESE M. HENNESSY, TOWN CLERK
TOWN COUNCIL MINUTES #1039
1/4/95
11
!
TOWN COUNCIL
MINUTES
CALL TO ORDER
~
Mayor Thompson called the adjourned meeting of the Town Council of the Town of
Tiburon to order at 8:03 P.M., Wednesday, Ianuary 10, 1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Police Chief Herley
'-
B. PUBLIC OUESTIONS AND COMMENTS
There were none.
C. BUSINESS
1. ACQUISmON OF HARROMAN PROPERTY AND lAY PROPERTIES BY
TOWN OF TIBURON AND MARIN COUNTY OPEN SPACE DISTRICT
The Town Attorney surnrnarized the actions to be taken by the Council as follows:
a. Authorize Use of Measure L Bond Proceeds for Acquisition of Harroman and lay
Properties
b. Authorize Execution of Purchase & Sale Agreement for Harroman Property
(Agreement between Town of Tiburon, Marin County Open Space District and
Pine Street Management Corporation)
c. Authorize Execution of Agreement with County Open Space District Regarding
Purchase of Harroman Property
Jerry Riessen, Last Chance Committee, stated they are still exploring ways to raise funds
and preserve open space; noted Martha Company property is still of major interest.
Nat Marans would like to see entire ToWn included in any future bond measures.
TOWN COUNCIL MINUTES #1040
1/10/95
1
Moved:
To authorize use of Measure L Bond proceeds for acquisition of
Harroman and Jay properties; authorize execution of Purchase & Sale
Agreement for Harroman Property between Town, Marin County Open
Space District and Pine Street Management Corporation, and Authorize
Execution of Agreement with County Open Space District regarding
purchase of Harroman Property.
Nygren, Seconded by Thayer
AYES: Unanimous
NOES: None
Moved:
Vote:
2. NEW TOWN CENTER FACILITIES
Larry Smith surnrnarized information on senior housing, and he and Bruce Ross
responded to Council's questions.
Vice-Mayor Ginalski proposed forming a Blue Ribbon Committee composed of various
groups; proposed Council Chambers be included in the Library and a smaller Town
Hall/Police Facility built at Ned's Way.
Kirk Hanson, Dick Hinkle, Polly Smith, Nancy Allegra, Doris Symonds, Carolyn
Garrrety, Ken Leigh, Diana Ginalski, Fran Mayberry, Dave Pence, Ann Ross, Nat
Marans, Hal Edelstein and Don Batten all voiced their opinions and concerns.
Councilmember Nygren noted she still needed answers to questions 11, 13, 14 and 15
regarding the Flood Plain; asked for clarification of Adamson's cost estimate and child
care center parking issue.
Councilmember Thayer stated there was still a need for a comprehensive financing plan;
concerned about the project's density and working a deal with a developer; asked
whether architectural fees were included in the cost estimate; concerned about Angel
Island parking; felt the Town should have a ballot measure on the June ballot if the
initiatives being circulated go on the ballot.
Councilmember Wolf stated she felt the Town should give the Library the Mar West
site; had concerns about Vice-Mayor Ginalski's proposal; liked idea of a phased
approach; liked idea of Administrative building downtown; felt 25 units of senior housing
was acceptable and a maximum number.
TOWN COUNCIL MINUTES #1040
1/10/95
2
Vice-Mayor Ginalski stated the intent of his proposal is to deliver a product and reach
consensus; would like to see a Committee representing both sides meet and seek a
compromise.
Councilmember Nygren felt Downtown Plan too costly; felt parking was inadequate; felt
added traffic would create need for a Mar West traffic signal; concerned about two large
public building blocking views; would like the Emergency Operations Center and
Administrative Building on the same site; thought senior housing was important but not
on a hill; supported the Town placing their own ballot measure in conjunction with
initiatives.
Mayor Thompson stated he has never liked the Ned's Way site; voters have turned down
its proposal twice and the Town has spent $300,000 and lost; felt the Downtown Plan can
be achieved; stated there is no net loss of parking spaces; concerned about time required
to form a Blue Ribbon Committee and their ability to reach a compromise; noted the
Ned's Way plan still needs a funding mechanism and felt Council should make the final
decisions.
Council directed that the New Town Center program continue to be agendized and the
agenda description be general and all inclusive of the various issues, and any written
information be submitted to the Town Council in advance of the meeting when possible.
D. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Thompson adjourned the meeting 11:40 P.M. sine die.
ANDREW THOMPSON, MAYOR
ATTEST:
THERESE M. HENNESSY, TOWN CLERK
TOWN COUNCIL MINUTES #1040
1/10/95
3
/,
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town of
Tiburon to order at 7:32 P.M., Wednesday, January 18, 1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Ginalski, Thayer, Thompson, Wolf, Nygren
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney Ewing,
Town Engineer Mohammadi, Police Chief
Herley, Finance Director Stranzl, Town Clerk
Hennessy
B. APPOINTMENTS TO COMMISSIONS BOARDS. COMMITTEES
There were none.
C. PUBLIC OUESTIONS AND COMMENTS
George Landau, 82 Sugarloaf Drive, thanked Council, Staff and volunteers in their
efforts to acquire the Harroman Property.
Don Fisher, 73 Eastview Avenue, complained that a sign had been placed on property
in front of his property and questioned design review and Council procedure; asked that
Town Council Minutes approving the sign be distributed to Corinthian Island residents.
D. COUNCIL. COMMISSION OR COMMITTEE ORAL REPORTS
Mayor Thompson stated as representative to the Richardson Bay Regional Agency, he
had been working diligently to have vessels and debris removed from the Tiburon shore.
E. CONSENT CALENDAR
MOTION: To approve the Consent Calendar consisting of the following items:
1. APPROVAL OF MINUTES #1038, December 7,1994
2. INVESTMENT POLICY (Annual Adoption of Policy)
TOWN COUNCIL MINUTES #1041
1/18/95
1
3. DENY APPEAL DESIGN REVIEW BOARD DECISION (AP. #58-261-35;
Applicants: Mr. and Mrs. Boosalis, 102 Mount Tiburon, New Residence;
Appellants: Howard & Diane Zack - Resolution)
4. GENERAL PLAN IMPLEMENTATION STATUS REPORT FOR 1994 (Accept
Annual Report and Forward to State Housing & Cornrnunity Development)
Moved:
Vote:
Thayer, Ginalski
AYES: Unanimous
NOES: None
F. PUBLIC HEARING
5. CORINTHIAN ISLAND STAIRS (Property Owner's Appeal of Building Official's
Decision Requiring Repair of Stairs)
Dean Bloomquist, Building Official, and Sia Moharnrnadi, Town Engineer, used a
diagram to depict stairs that run from Main Street to East View, which had been closed
by the Building Official due to hazardous condition and need of repair; stated the stairs
run over several properties, and the Town owns both ends of the stairs; stairs are needed
by the Fire Department; there has been no action to correct the problem for over a year;
stated it is the charge of the Building Department to see that hazardous conditions are
corrected; recommended the Town build pier supported stairs. Mr. Bloomquist stated
Don Fisher appealed the decision of the Building Official to have the Town rebuild the
stairs; rough estimate is $50,000; wooden stairs would be a problem of support; the only
way to rebuild the stairs without using the Bank building is to do free standing stairs;
Gene Nelson, who the Town hired, suggested this solution.
Discussion followed regarding the slide area, waterproofing of the bank building, not
using the bank building as a retaining wall because it wasn't designed to act as a
retaining wall; assessments for some or all of the interested parties; possibility of law
suits; the Town doesn't become libel because they are abating a nuisance; if the project
included retaining wall, drainage, stairs and bank building waterproofing, the cost would
be significantly reduced to approximately $5,000-$10,000.
Dr. Swift showed drawings of steps, eroded area due to the steep cut by the building of
the bank, and failure to build a retaining wall eroded the stuffing from under the stairs;
showed Town Survey dated, November 28, 1994 and Morey survey; simple repair
proposed by lames Bischoff of Callister & Bischoff; reviewed extracts from Building
Department memos; questioned why the Town hasn't required the Moreys and
Mahoneys to comply; reviewed Building Codes which state a downhill owner is
responsible; reviewed other Town property liability; stated they were willing to sell the
steps to the Town for $1; suggested the owners be required to fill in under the stairs.
TOWN COUNCIL MINUTES #1041
1/18/95
2
In response to Mayor Thompson, the Building Official stated it is not his responsibility
to make people do what should have been done years ago when the bank building was
built but to alleviate this hazardous condition; conflicts between neighbors go on and are
a civil matter between property owners; it is straight forward to say the stairs are a
hazard; it is more difficult to ask for retaining walls now; agree that the Civil Code
requires the downhill owner to be responsible.
The Town Attorney explained the Civil Code/civil suit process.
Fred Peterson, attorney representing Dr. Swift's homeowners insurance carrier, proposed
the Town accept the pathway if the owners bring it to an acceptable position and .install
upgrade measures such as hand rails, lighting and repair stair treads; proposed working
with the property owners to hire a design professional to come up with the most
economical and safe way to temporarily repair the pathway so that it can continue to be
used. Mr. Peterson explained the law of first and third party insurance coverage. Also
stated he felt there were other owners on Corinthian Island who would make a joint
effort to pay for final repairs.
t
In response to Councilmember Nygren, the Building Official and Engineer estimated a
retaining wall would cost approximately $140,000.
Don Fisher, 73 Eastview, wanted to clarify any misconceptions and explained how he got
building permits and variances as soon as he realized they were required.
Debra Lynn McCormick, 59 Eastview, noted there is a lot of traffic on the stairs; urged
that the stairs be fixed for safety reasons.
Council agreed they didn't want to acquire the stairs. Councilmember Nygren felt the
Moreys were responsible and the Town should make the attempt to force the Moreys
to fIX the wall at their expense so that the stairs can be built for $5-10,000.
Motion:
To adopt Staff recommendation that the appeal be denied and that the Town
act promptly to restore this essential pathway to safe use.
Thayer, Seconded by Wolf
AYES: Ginalski, Thayer, Wolf, Thompson
NOES: Nygren
Moved:
Vote:
F. BUSINESS
6. DONAHUE BUILDING LEASE (Authorize Lease to Landmarks Society)
Council waived reviewing the Staff report.
TOWN COUNCIL MINUTES #1041
1/18/95
3
Ann Albrecht, General Manager, Point Tiburon Bayside and Lagoon Condominium
Associations, asked that details of the hours of use, parking and subletting, be included
in the lease or a separate document covering details; questioned Article 7 page 4 which
addresses repairs and questioned the rust and deterioration of the roof; page 5,
questioned wording "unreasonably delayed" in reference to color of the building or some
assurance that the building would not be painted the original color of brown and yellow;
Article 10, page 9, questioned why the building would be rebuilt; page 7, concerned
construction would begin and not be finished.
The Town Attorney stated use and hour restrictions would be included in a separate
document; language modified so Landmarks could sublease with approval of the Town;
Landmarks is aware of the condition of the roof and any changes will have to comply
with compliance for historic buildings; Landmarks intent is to maintain the current color;
Council has previously expressed support for rebuilding because Landmarks will have
a lot invested in this building they would be allowed to maintain a museum; construction
would be subject to time constraints.
Beverly Bastian, Landmarks Society, stated they have no plans to change the color.
Motion:
To authorize Mayor to execute lease of the Donahue Building. with the
Landmarks Society.
Nygren, Seconded by Wolf
AYES: Unanimous
NOES: None
Moved:
Vote:
7. NEW TOWN ADMINISTRATIVE & POUCE FACILITIES
a. Ned's Way Proposal; b. Downtown/Ned's Way Proposal; c. Vice-Mayor Ginalski's
Compromise Proposal; d. Financing Methods; e. Citizen Initiative Petitions (1) An
Initiative Selecting Locations for New Town Administrative and Police Buildings, (2) An
Initiative Requiring the Disposition of and Regulating the Future Use of the Current
Town Hall Site at Ned's Way; 1. Town Clerk Certifies Sufficiency of Petitions; 2. Council
May Introduce the Two Ordinances Without Alteration and Adopt within Ten Days; 3.
Council May Order a Report to be Prepared Within 30 Days (February 17,1995); 4.
After the Report is Presented, Council May Adopt Ordinance Within 10 Days, or 5.
After the Report is Presented, Council Shall Submit Ordinances at next Regular
Municipal Election (Iune 6, 1995); f. Ballot Measures
The Town Manager reviewed the Staff report.
The Town Clerk presented certification that the two citizen Initiatives have sufficient
signatures to qualify to be adopted by the Town Councilor placed on the June 6, 1995
ballot.
TOWN COUNCIL MINUTES #1041
1/18/95
4
Larry Duke, former Mayor, 62 Paseo Mirasol, official circulator of the Initiatives, stated
in the fall of 1985 the last ballot Initiative took ten weeks to get 700 signatures; his
committee collected over 700 signatures in less than 10 days; stated he had grossly
underestimated the amount of support for these petitions.
In response to Councilmember Nygren who questioned letters sent in 1988 to the State
Assemblyman, State Senator and State Parks, and the Parks & Recreation Element of
the General Plan with regard to parking, Mr. Duke stated he couldn't remember which
letters she was referring to but didn't think they were issues with regard to the Ballot
Measures.
Mr. Duke expressed his support and appreciation to those who collected the signatures
during stormy weather.
In response to Councilmember Nygren, Mr. Duke stated wording for the location of the
Police facility includes the entire site; wording regarding congregate care facility is self-
explanatory and the exact type of housing is a decision of the Town Council.
In response to memo prepared by Councilmember Ginalski regarding adequacy of the
Angel Island parking, Councilmember Wolf stated the plan displaces 28 spaces and
opens another lot which includes 57 spaces for a net increase of 29 spaces; read verbatim
transcript from October 5 Town Council minutes which stated the Council supported
expanded service from the East Bay; stated it needs to be qualified that nobody
suggested Tiburon was prepared to increase parking for peak days when we were already
at maximum; Council is not convinced the demand warrants service from Larkspur;
stated if anyone on the Council has the intent of increased day visitors to Angel Island,
it should be straightened out now.
Discussion ensued regarding number of parking spaces for the Town Hall Staff (18), Mar
West parking lot (76) and dirt lot behind Safeway (28 designated and 29 open spaces).
In response to Councilmember Nygren, Mayor Thompson stated parking constraints
listed in the General Plan are going to exist regardless of the Town Hall plan; 18 space
gain. Councilmember Nygren stated she heard him but didn't agree with the scenario.
Councilmember Ginalski stated regarding the Angel Island issue, his recollection was
they didn't speak about increased parking during the day; generally spoke of impacts of
the Larkspur service being started; there would be an increase of visitors to Angel Island
and a certain number through Tiburon.
In response to Councilmember Ginalski, Mr. Rosen, Library Committee, stated a lPA
would establish a Peninsula Library Board with members appointed by both Council of
Tiburon and Belvedere; title to both the land and the building should be held by the
Peninsula Library Board; they still planned to be part of the County Library system;
TOWN COUNCIL MINUTES #1041
1/18/95
5
working with County Counsel, Supervisor Rose and Librarian for creative solution to
maintain local control.
Bruce Ross showed design study to help Council understand impacts of a senior housing
project on Ned's Way site; approximately 900-1200 sq.ft.; required parking underground;
all automobiles access off Ned's Way; a communal room and security entrance; total
29,900 sq.ft.; proposed additional parking spaces along Ned's Way and assume ability to
reach an agreement by the developer with The Hilarita to use Ned's Way in return for
additional parking spaces; community gardens would be relocated northward to open
space. In response to Councilmember Nygren, Mr. Ross stated infrastructure will be
included.
Councilmember Ginalski summarized his proposal for a possible compromise solution
and utilization of a facilitator in a committee process.
Councilmember Nygren distributed three informational documents which referred to
Downtown Town Hall plan impacts; square footage comparison at Ned's Way and a
Downtown Town Hall cost analysis.
The Mayor opened the public hearing.
The Mayor read Fran Mayberry's cornrnents.
Sharon Bass discussed the library site and questioned $500,000 sale of property to the
County.
Dian Ashley, President, Chamber of Commerce, discussed Angel Island Ferry service
and the downtown parking situation.
Ken Leigh, State of California State Parks District Superintendent, stated 90,000 visitors
go to Angel Island via Tiburon and was concerned there was no designated parking for
Angel Island.
Carolyn Hockley questioned ballot measures and senior housing at Ned's Way.
Nat Marans questioned senior housing project; proposed density; questioned if Bruce
Ross was associated with the proposed developers.
Margaret McDonogh questioned downtown parking spaces and allocation for future
needs.
Randy Greenberg questioned impacts of the initiatives and asked what happens to the
planning process.
TOWN COUNCIL MINUTES #1041
1/18/95
6
John Hoffmire urged the Council to work together.
Larry Smith noted the Downtown Plan offered a No Tax opportunity; Council should
help resolve issues and not fight the Downtown Plan.
Kirk Hanson urged support of the Downtown Plan.
Councilmember Thayer recommended requesting a Report from Staff regarding the
impacts of the two Initiatives and how they affect the planning process; financial expense
to mitigate impacts; the impact of constructing a 30,000 sq.ft. senior housing project and
the possible need to increase number of units; questioned whether it is really a No Tax
alternative; asked Staff to respond to Margaret McDonogh's list of concerns; asked Staff
to respond to Councilmember Nygren's lists of concerns; asked Staff to contact the
Library's Structural Engineer for information, and requested an outline of the fiscal and
planning concerns be agendized for the next meeting.
Vice-Mayor Ginalski asked if there was Council support for his compromise plan and
use of a facilitator. Councilmember Wolf suggested allowing the process to run its
course. Councilmember Nygren wasn't certain a compromise proposal would work; too
many issues involved.
Councilmember Nygren proposed two ballot measures; one to build on the Ned's Way
site and (2) to sell Mar West property to the County for use as a library; also suggested
the Ad Hoc Committee be abandoned after February 4.
Vice-Mayor Ginalski supported New Town Hall discussions on separate agendas;
supported ballot ordinances being agendized.
Councilmember Wolf supported keeping the Ad Hoc Committee at least through the
Workshop; offered to work with the Park Service regarding their parking concerns;
willing to consider some type of ballot wordings.
Councilmember Thayer supported some sort of ballot wording; preferred to keep Town
Hall discussions on regular agendas, and supported leaving the Ad Hoc Committee.
Mayor Thompson supported the No Tax Downtown Plan; hopes Council will pull
together and make it happen; preferred no other Town ballot measures.
The Town Manager summarized the discussion and stated Staff would bring back ballot
wording for the two measures proposed by Councilmember Nygren; the Ad Hoc
Committee will continue through the Community Workshop on February 4; Staff will
prepare an Outline of the Impact of the two Citizen Initiatives' Report for the February
1 meeting; final Report presented February 15, and the New Town Hall issue will
remain on the regular Town Council agendas.
TOWN COUNCIL MINUTES #1041
1/18/95
7
H. COMMUNICATIONS
8. CARNIVAL ON THE GREEN - May 6 & 7 (Tiburon Peninsula Foundation
Community Fund Raiser for Blackie's Pasture and McKegney Green)
Council received information.
I. STAFF AND TOWN MANAGER REPORTS
There were none.
J. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon,
Mayor Thompson adjourned the meeting at 1:45 AM., Ianuary 19, 1995 sine die.
ANDREW THOMPSON, MAYOR
ATTEST:
THERESE M. HENNESSY, TOWN CLERK
TOWN COUNCIL MINUTES #1041
1/18/95
8
-rt,
~.,
-.;-,-,{"
'j~,'
,,'
TOWN OF TffiURON
TOWN COUNCIl. STAFF REPORT
TO:
TOWN COUNCIL
FEBRUARY I, 1995
4-
MEETING:
FROM:
FINANCE DIRECTOR
ITEM NO:
SUBJECT:
MONTHLY INVESTMENT SUMMARY STATEMENT
DECEMBER 31, 1994
L TOWN OF TIBURON
Institution! Agency Amount Rate Maturity
State of California
Local Agency Investment Fund $6,879,810 5.528% Liquid
LAtF.
l.
Federal Agency Issues
G.N.M.A $ 978 12.000% 04-14-2014
Total invested: $6,880,788
2. TffiURON REDEVELOPMENT AGENCY
Institution! Agency Amount Rate Maturity
State of California
Local Agency Investment Fund $864.288 5.528% Liquid
LAtF.
Total invested: $864.288
Notes to tables:
State of California Local Agency Investment Fund (LAIF) - The interest rate represents the effective yield for the
month referenced above. The State distributes the data reports in the third week following the month ended,
GNMA - Principal and interest are paid monthly on this government security.
Acknowledgment: This summary report accurately reflects all pooled investments of the Town ofTiburon and the
Tiburon Redevelopment Agency. and is in conformity with State laws and the Investment Policy adopted by the
Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next
month's estimated expenditures.
BY:
~-
Richard Stranzl. Finance Director
January 26. 1995
j'
MARIN ACfS OF KINDNESS \VEEK <3 ,Iv
FEBRUARY 12 - 17, 1995
~l - -cc; \:eu~lE[Q).
, ,.' ',- (" .
~~t "g. .'ZfJ 0
JAN 2 0 '~95
TOWN MANAGE!:l'S OFFlICE
TOWN OF TIBURON
.
January 19, 1995
Dear Mayor
~~:.
Thank you for your town's support of Marin Acts of Kindness Week,
February 12-17, 1995! In addition to support from all of the
towns in Marin, Hal Brown and the County Board of Supervisors
have declared Acts of Kindness Week for the entire county
please see the proclamation enclosed.
~
In San Rafael, Larkspur, Mill Valley, Sausalito and Marin City we
are working on a project with schools whereby children will be
drawing posters depicting acts of kindness and merchants will
display the posters in their storefront windows during Kindness
Week. If you would like this initiated in your town and have a
contact in the school district and/or business community, please
let us know immediately and we will make the necessary calls to
get the ball rolling.
In San Rafael (and possibly two other towns), the Police
Department officers will be issuing "kindness citations" during
the week to people they see performing acts of kindness. If you
would like this initiated in your town, please let us know who we
, .
should contact at the Pol~ce Department.
Don't miss the opportunity to show your support of Acts of
Kindness Week. A photo of all the mayors will be taken at the
next Marin County Council of Mayors and Council Members Meeting
on January 25th at 6:00 p.m., Jessup Cafe in Larkspur.
Please call me at 479-6612 with any questions about the above
information on SChools/businesses/police.
Warmest regards,
vc~ Q s c.Le-. J
vicki Ascher
The Kindness Committee
479-6612
(416).,1(>> 11BUIDN BLVD, MII1 VAWY, CA ~
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON PROCLAIMING
KINDNESS WEEK FEBRUARY 12-17. 1995
WHEREAS, our daily news is dominated by tragic stories of crime, violence
and disaster, too often leaving average citizens with feelings of despair and
helplessness, and
WHEREAS, Kindness Week is enacted to encourage Marin County residents
to commit conscious acts of goodwill toward one another as an affirmation of the
goodness and generosity of the human spirit, and
WHEREAS, by performing small acts of kindness during this week, we have
an opportunity to recognize and celebrate the far-reaching effects we as individuals
can have on th~ world around us, and
WHEREAS, these acts of kindness can take the form of offering a smile to
a stranger, giving up our place in line to a senior citizen, giving time to a service
organization, bringing a meal to a sick friend.
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the
Town of Tiburon hereby proclaims the week of February 12-17, 1995 as "Kindness
Week" and joins in observing the week with appropriate activities.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on 1995 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ATTEST:
THERESE M. HENNESSY, TOWN CLERK
DATE:
January 25, 1995
Lf
TO: Marin Mayors & Council Members
FROM: Catharine Barnes, Chair CATV-JPA
SUBJECT: RATE REGULATION UPDATE
Retroactive Rebates Announced
The Marin County Cable Rate Regulation Joint Powers Authority has completed
the review of Viacom rates charged for the past ten months --since our
certification as a rate regulatory authority. It is expected that the JPA will order
rate rebates of 41ft per month on the "basic" tier of service and 17ft rebates on
the "satellite service" tier. Still under review are "prospective" or future rate
reductions. Also undecided at this time, is the question of our ability to regulate
the expanded tier of service. We have filed the necessary forms and are
awaiting a decision from the FCC.
The Projected 1994-95 Budget
It is anticipated that the Rate Regulatory JPA will approve a 1994-95 F.Y.
Budget of $32,529 which will be reduced by a carryover of approximately
$15,000. As was done last year, shares of the budget will be allocated on the
basis of number of cable subscribers in each jurisdiction. Agencies can count
on paying about 50% less than last year.
Two JPA's - Two Committees & A Partridge in a Pear Tree
The County of Marin has two JPA's and two committees which deal with cable
television issues. The "oldest" JPA is the CATV Joint Powers Authority. This
Authority holds the franchise contract with Viacom and includes a
representative from Viacom on its Board of Directors. Because the old JPA .
included company representation, it was unsuited for rate regulation. When the
FCC enacted new rules allowing rate regulation at the local level, our new
"Cable Rate Regulation JPA" was formed. The public agency membership on
both Boards of Directors is identical.
The two standing committees are the Cable Rate Regulation JPA Executive
Committee which is a subcommittee of the officers and the CATV Oversight
Committee which is a committee of five originally appointed by MCCMC. The
Oversight Committee holds periodic meetings providing opportunities for the
public to express concerns about cable service and public access to cable
programming. The membership on each of the JPAs and the Oversight
Committee must be formally confirmed. For this reason, we are asking that
each city pass resolutions confirming your representatives to these Joint
Powers Authorities over the next few months and we will be asking MCCMC to
confirm the present members of the Oversight Committee at the February
meeting.
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPOINTING REPRESENTATIVE
TO CATV .TPA & CABLE RATE REGULATION .TPA
WHEREAS, the Town of Tiburon is a member of the CATV Joint Powers
Authority, and the Cable Rate Regulation Joint Powers Authority, and
WHEREAS, Vice-Mayor Mark Ginalski has been appointed as Tiburon's
representative to both of these Joint Power Authorities,
NOW, THEREFORE, BE IT RESOLVED, that the Town Council of the Town
of Tiburon that Mark Ginalski has been formally appointed as Tiburon's
representative to these two JPAs.
PASSED AND ADOPTED at a regular meeting of the Town Council of the
Town of Tiburon on 1995 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
ATTEST:
THERESE M. HENNESSY, TOWN CLERK
TOWN OF TIBURON
MEMORANDUM
TO:
TOWN COUNCIL
FEBRUARY 1, 995
.-
.../
ITEM NO: :J
FROM:
TOWN MANAGER
SUBJECT: SAN QUENTIN EXPANSION
BACKGROUND
In April 1993, the Town Council went on record and asked the Board of
Supervisors to conduct additional public hearings for a proposal to expand
San Quentin.
Another expansion proposal is now being considered.
RECOMMENDATION
That the Town Council should continue to oppose proposed expansion plans
for San Quentin.
EXHIBITS
1. Minutes of April 21, 1993
~
5.
NEW TOWN CENTER ENVIRONMENTAL CLEARANCE (Award
Contract for Initial Study and Negative Declaration)
MOTION:
To approve Award of Contract to WESCO (Michael Foley)
for $9,890
Thayer, Seconded by Thompson
AYES: Unanimous
NOES: None
ABSENT: Kuhn
Moved:
Vote:
Former Councilmember Frank Shaw objected to Council's action and the
approval process.
H. COMMUNICATIONS
11. San Quentin Prison Expansion (Belvedere Ltr. to Marin Board of
Supervisors, dt'd. 4/5/93)
t
The Council directed StalT to prepare a letter for Mayor's signature to be
fOlWard to the Marin County Board of Supervisors expressing Town's
concerns regarding the proposed expansion of San Quentin and asking
that additional public hearings be conducted on this proposal.
I.
STAFF AND TOWN MANAGER REPORTS
U. Donahue Building - Landmarks Society Lease (Status Report)
Report received.
13. Beach Road Tennis Courts Landscaping
Vice-Mayor Nygren expressed concerns regarding the use of decomposed
granite; the Town Manager indicated the Public Works Department would
contact her regarding her concerns.
J. CWSED SESSION
Mayor Friedman adjourned the meeting to Closed Session at 1:10 A.M., April 22,
1993, to discuss personnel matters.
'-\
TOWN COUNCIL MINUTES #973
4/21/93
8
Mill VAllEY
REFUSE
SERVICE,
INC.
*
10
P. O. BOX 3557 - SAN RAFAEL. CALlF~~~ 94912-3557
o ~CC~ll
PHONE: 457-9760 c_ W~ ~
JAN 2 7 1995
TOWN MANAGER'S OFFICE
TOWN OF TleURON
FEBRUARY 1, 1995
TO:
FROM:
SUBJECT:
TOWN OF TIBURON
MILL VALLEY REFUSE SERVICE (MVRS)
TIBURON RECYCLING PROGRAM
The Town of Tiburon along with all the cities of
California, has been mandated by the State to
,
reduce their total disposal at landfills. Assembly
Bill 939 mandates all cities to reduce disposal 25%
by December 1995 and 50% by 2000. Tiburon will
easily meet the 25% goal with the diversion of yard
waste to a state-permitted composting facility, which
began January 1994. With the additional yard waste
diversion in 1994, Tiburon is at approximately 27%
diversion. With the recent Council approval to
divert a third cleanup to yard waste only, the Town
is on the way to achieving the 50% goal.
Tiburon is part of the Marin County Joint Powers
Authority (JPA) which has applied to the California
Integrated Waste Management Board (CIWMB) to combine
all the cities and jurisdictions within Marin County
to meet these goals. In discussions between the.
County and the CIWMB, it appears this will be approved.
Combined, the County is currently diverting 33% of
their total waste stream. There are three areas that
Mill Valley Refuse Service recommends for increased
diversion. They are as follows:
Town of Tiburon
Page 2
I. COMMERCIAL RECYCLING
In September of 1992, Mill Valley Refuse Service assumed
the operation of the recycling program in all cities and
jurisdictions that MVRS serves. MVRS realized from the
beginning that commercial recycling has great potential
for expansion. Mill Valley Refuse Service has expanded
this program tremendously during the two years it has
been operating the program. Tiburon has a unique situ-
ation with the downtown commercial businesses. MVRS is
currently working with the Main Street merchants and
other local businesses to_implement recycling programs
that will divert materials currently being sent to the
landfill. MVRS will continue to encourage commercial
recycling through direct mailings, quarterly newsletters
and direct contact with commercial customers.
II. GREEN WASTE
The area of greatest diversion potential is recycling
green waste. The most recent figures available for
the Town of Tiburon indicate the Town is at approxi-
mately 27% total diversion. During 1994 the Town
diverted an additional 140 tons of green waste through
the quarterly cleanups. In 1995 a third quarterly
cleanup for yard waste has been added which will further
increase the total diversion. In the future, additional
diversion of yard waste will be required to meet the 50%
goal by the year 2000. This can be accomplished in
several possible ways, however, certain questions must
be addressed first, such as: 1) should a weekly or bi-
weekly collection of yard waste be implemented, 2) Should
general cleanups continue, 3) Will the customer provide
containers for green waste, 4) Will the customer have
the option of providing their own container or should
MVRS provide such containers? All of these are questions
the Town must address before an accurate cost estimate
can be determined.
Town of Tiburon
Page 3
III. CORPORATION YARD DEBRIS BOXES
Although space at the Town's Corporation Yard is
limited, another container should be added so that
yard waste can be separated from debris. In this
manner, the yard waste could be diverted to a
compost facility, rather than disposed of at the
landfill as it is currently.
l.
\
. .
STATE OF CAUFORNIA
8800 Ca.l Center Dri~
Sacramento, California 95826
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
~~(c~D'W~[Q)
JAN 1 9 1995
TOWN MANAGER'S OFFICE
TOWN OF TIBURON
Pete Wilson, Go~mor
Q
January 17, 1995
Bob Kleinert
.:.Town Manager
Town of Tiburon
1157 Tiburon Blvd.
Tiburon, CA 94920
JRE: Board Conditional Approval of the Multi-Jurisdictional SRRE
for the County of Marin and the Cities of Belvedere, Corte Madera,
Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, San
. Rafael, Sausalito, and Tiburon.
,",.:Dear Mr. Kleinert:
On December 14,,~994, the California Integrated Waste Management
Board (CIWMB) voted to conditionally approve the final Multi-
Jurisdictional Source Reduction and Recycling Element (SRRE). This
conditional approval was based on staff findings that many of the
planning regulatory requirements have not been satisfied for all of
the jurisdictions, and the projections for the City of Belvedere
and City of Ross fall below the 50 percent mandated goals (PRC
41780). The City of Belvedere projected diversion at 46.3% in the
year 2000, while the City of Ross projected diversion at 47.0% in
the year 2000. Discussion of the planning inadequacies and the
year 2000 diversion goals are detailed below.
Planning Inadequacies
- ~
Items identified by staff as inadequate include the Special Waste
and Disposal Capacity Components. Items identified as areas-of-
concern by staff include: numerous inconsistencies between text and
tables; unclear objectives; lack of clear criteria for waste
category prioritization; insufficient program cost information;
insufficient monitoring and evaluation information; limited market
development information and insufficient funding information. These
inadequacies are identified in the Board Agenda Item (Attachment
B)and the October 2, 1991 comment letter (Attachment C) for the
Preliminary Draft SRRE.
The County and the cities must update the information identified as
inadequate, insufficient, or an area-of-concern and submit the
revised information to the Board in the first Annual Report.
Year 2000 Projections
After correcting the base-year projections in the Solid Waste
Generation Study (SWGS) for excluded waste types, the year 2000
diversion projections fell to 46.3% for the City of Belvedere and
- Printed on Recycled Paper. Double Sided for Sourer! Reduction ..
, .
,-;,
Mr. Kleinert
January 17, 1995
3
In closing, we look forward to working with you as the County and
Cities implement their programs. Staff will continue working with
your representatives and should you have any questions about these
written findings, please contact Sue O'Leary at (916) 255-2667.
. Sincerely,
" .'
~j~ 10~ r--
Judith J. Friedman, Acting Deputy Director
Diversion, Planning, and Implementation Branch
Attachments:
A: Resolution 94-416 Conditional Approval of the SRRE
B: Board Agenda Item #21
C: Comment Letter Dated October 21, 1991
cc: Dee Johnson, Marin County
SOOLA PI\wp\wpdoc.\marin\8r30cltr.doc
1/17 /95
f
,
~
a9\ - -'s:':
t:"";'CG
,-,",
I ,._~
)
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
RESOLUTION #94-416
!....,..
FOR CONSIDERATION OF CONDITIONAL APPROVAL OF THE MULTI-JURISDICTIONAL SRRE
FOR THE COUNTY OF MARIN AND THE CITIES OF BELVEDERE, CORTE MADERA, FAIRFAX,
LARKSPUR, MILL VALLEY, NOVATO, ROSS, SAN ANSELMO, SAN RAFAEL, SAUSALITO,
TIBURON, MARIN COUNTY
WHEREAS, Public Resources Code (PRC) Sections 40900 et seq. describe the
requirements to be met by cities and counties when developing and
implementing integrated waste management plans, and
WHEREAS, PRC Section 41300 requires that each county prepare and adopt a
SRRE which includes all of the components specified, and
:"...,...
WHEREAS, PRC Section 41000 requires that each city prepare and adopt a SRRE
which includes all of the components specified, and
WHEREAS, California Code of Regulations Title 14, Section 18767 requires
that jurisdictions ensure their SRRE has complied with the California
Environmental Quality Act and provides a Notice of Determination from the
State Clearinghouse as required; and
WHEREAS, PRC Section 41301 requires that the County's SRRE include a program
for the management of solid waste generated within the County, consistent
with the waste management hierarchy provided in PRC Section 40051; and
WHEREAS, PRC Section 41001 requires that a City SRRE include a program for
the management of solid waste generated within the City, consistent with the
waste management hierarchy provided in PRC Section 40051; and
WHEREAS, the County and Cities' SRRE shall. place emphasis on implementation
of all feasible source reduction, recycling, and composting programs while
identifying the amount of landfill and transformation capacity that will be
needed for solid waste which cannot be reduced at the source, recycled, or
composted; and
WHEREAS, PRC Section 41780 and its implementing regulations require that the
SRRE show how the County and Cities will achieve the diversion goals of 25%
by 1995, and 50% by 2000, and
..
WHEREAS, based on review of the Multi-Jurisdictional SRRE, Board staff found
that many of the regulatory requirements have not been satisfied and the
SRRE does not substantially comply with PRC Section 41000, et seg. because
of inadequacies identified in the Special Waste and Disposal Capacity
Components; and
WHEREAS, based on review of the Multi-Jurisdictional SRRE, Board staff found
inconsistencies between text and tables; unclear objectives; lack of clear
criteria for waste category prioritization; insufficient program cost
information; insufficient monitoring and evaluation information; limited
market development information and insufficient funding information; and
WHEREAS, 14 CCR ~ection 18785 provides that the Board may conditionally
approve SRREs, and Board staff recommends that the Multi-Jurisdictional SRRE
for the County of Marin and the Cities of Belvedere, Corte Madera, Fairfax,
Larkspur, Mill Valley, Novato, Ross, San Anselmo, San Rafael, Sausalito, and
Tiburon be conditionally approved; and
1A
TIBURON BALLOT INITIATIVES' REPORT OUTLINE
(Downtown Town Hall Plan)
I. DEVELOPMENT REVIEW PROCEDURE
A General Plan Amendment Process
B. Rezoning Process
C. Use Permit Amendments
D. Environmental Review
II. GENERAL PLAN CONSISTENCY
A Downtown Town Hall Proposal
B. Ned's Way Housing Proposal
III. ZONING (
A Current Zoning
B. Proposed Zoning
C. Existing Use Permits
D. Parking
IV. ENVIRONMENTAL ISSUES
A Soils
B. Traffic
C. Parking
D. Visual
E. Public Safety
V. FINANCIAL ANALYSIS
A Ned's Way Housing Prposal
B. Flood Plain Improvements
VI. LEGAL ANALYSIS
VII. OTHER
Draft Date 1-26-95
TOWN OF TIBURON
MEMORANDUM
TO:
TOWN COUNCIL
MEETING DATE: FEBRUARY 1, 1994
ITEM NO. 7. j)-f G
FROM:
TOWN ATTORNEY
SUBJECT: CONSIDERATION OF TWO ORDINANCES REGARDING THE
LOCATION OF TOWN HALL AND THE SALE OF THE PROPOSED
LIBRARY SITE TO BE SUBMITTED TO THE VOTERS AT THE
ELECTION OF JUNE 6, 1995
---.----------------------------------------------------------------------------------------------------------------------
BACKGROUND
\
On Ianuary 18, 1995, Councilmember Nygren asked the Council to agendize two ordinances
which she wishes to submit to the voters as ballot measures at the June 1995 election. The
Council agreed to agendize these items for this meeting. The two proposed ballot measures
as drafted by Councilmember Nygren are attached as Exhibit 1.
The first of the two proposed ballot measures addresses the location of a new Town Hall.
The second of the two proposed measures addresses the proposed sale of the Town's Mar
West property to the County of Marin for use as the new library site. This proposed
measure is apparently in response to correspondence received from Mr. Ed Zelinsky. Mr.
Zelinsky has stated his willingness to give the Town a portion of Angel Island parking lot
for the construction of a new Town Hall. As a condition of that offer, Mr. Zelinsky has
expressed his desire to see the Town either donate or lease for $1.00 per year the Mar West
site.
ANALYSIS
1. General Provisions Regarding Ballot Measures
Pursuant to Elections Code Section 4017, the Council, by majority vote, may submit
initiatives to the voters. While these initiatives may be either ordinances or advisory
measures, both of the ballot measures suggested by Councilmember Nygren have been
drafted as ordinances. Procedurally, if either of these ordinances is to be submitted to the
voters, the Council must introduce the ordinance (pass first reading) and at a subsequent
meeting, direct the County to place them on the Iune ballot. The approval of the voters
would constitute second reading or adoption of the ordinance(s).
2. Town Hall Site Selection
Attached as Exhibit 2 is a draft ordinance on this issue. With the exception of one minor
wording change, the draft fully incorporates the proposal of Councilmember Nygren. The
ordinance, if passed, would require that any new Town Hall, including both the Police and
Administration facilities, be built at the Ned's Way site. The ordinance does not specify the
size of the building (or even that it be one building) or the funding mechanism for such
construction.
.3. Sale of Mar West Library Site
Because this issue is much more complex than the first proposed ballot measure, staff has
included several alternatives which the Council may choose from. All of these alternatives
are based on the apparent intent of Councilmember Nygren to have the voters affirmatively
state their preference for a sale of the Mar West property rather than donate the property
or lease it for $1.00 per year.
To briefly restate the background on this issue, the Town acquired the land at the corner
of Mar West Street and Tiburon Boulevard through two separate gifts from Ed Zelinsky and
Barbara Abrams. These gifts do not prohibit the Town from selling or otherwise conveying
the property but do restrict the use of the property.
In 1992 the Town negotiated a sale of the property to the County of Marin at an agreed
upon price of $500,000. That 1992 agreement expired, by its own terms, in Iune 1993,
meaning that there is no currently binding agreement to sell the property. Without going
into detail, there are several conclusions which may be made regarding the value of the
property and the ability of the Town to realize that value:
1) The 1992 agreement did not absolutely guarantee the Town $500,000 in net
present value because it was based on certain assumptions regarding growth in assessed
value and the number of years remaining in the life of the Tiburon Redevelopment Agency.
If the Town and the County were to enter into a new sales agreement, the ability of the
County to pay $500,000 would depend on the number of years left in the Redevelopment
Agency, growth in assessed value and any state financial take backs. The Town would have
to examine all of these factors at the time of such an agreement.
2) The County's willingness to purchase the property in 1992 was based on the
assumption that the new library would be part of the County library system. Depending on
the outcome of the discussions between the library committee and the county regarding the
governance of the library, the County may not be as interested in purchasing the property.
Turning to the possible alternatives for the proposed ballot measure, the first alternative is
that proposed by Councilmember Nygren, which is shown in Exhibit 1. This alternative
specifically refers to a sale to the County of Marin on terms similar to those in the 1992
agreement for a price of approximately $500,000. This alternative could be modified by
changing the $500,000 figure to a lower number, by referring to a range of acceptable
numbers or by requiring that it be sold for appraised value.
A second type of alternative is shown in Exhibit 3, a draft prepared by staff. This
alternative deletes all references to the price to be obtained for the property and also
deletes the references to the previous agreement and the requirement that the property be
sold to the County. This alternative could also be modified by inserting more detail but it
is drafted with the intent of maintaining the maximum flexibility in disposing of the property.
To summarize, if the Council wishes to submit a ballot measure on this topic, it may choose
one of the alternatives shown or a combination thereof. My recommendation is to find out
what limits are desirable after the public hearing and then draft the final language at that
time. Because this is not a lengthy ordinance this approach should work.
RECOMMENDATION
It is recommended that the Council conduct a public hearing on the two proposed ballot
measures and then determine whether to put either or both on the Iune 6, 1995 ballot. If
these are to be placed on the ballot, Council should resolve final wording and pass first
reading of the ordinance(s) by roll call vote. Staff should then be directed to add these to
the resolution (to be adopted at a subsequent meeting) calling for the County to conduct
an election.
EXHIBITS
1. Proposed ballot wording from Councilmember Nygren
2. Draft ordinance regarding Town Hall location
3. Draft ordinance regarding sale of Mar West property
.'... .
:-''!:-;.,i:--' '"
~ :.,:"~~ - ;.
"_v.~:~.,:.~--:~
PROPOSED BALLOT WORDING
1. The town shall build its new Town Hall, which would include
both a Police and Administration facility and adequate on site
parking, on the town owned property at Ned's Way.
2. The Town of Tiburon should pursue its previously approved
'r~r~~r.
"
"
agreement to sell to the County of Marin the town owned
Belvedere/Tiburon library site at Mar West and Tiburon Blvd.
for approximately $100,000, rather than donate or lease it
($1/yr for 99 yrs.) as required in a condition by Ed Zelinsky,
for his donation of the proposed Downtown Town Hall site.
,.
/
--=::I
...
-...
/
-- ~
~
&k'~ .. f- ..:L
.~ .
ORDINANCE NO. _N.S.
AN ORDINANCE OF THE TOWN OF TIBURON
SPECIFYING NED'S WAY AS THE LOCATION
FOR THE CONSTRUCTION OF A NEW TOWN HALL
The People of the Town of Tiburon do ordain as follows:
SECTION 1. The Town of Tiburon shall build its new Town Hall,
which would include both Police and Administration facilities and adequate on site
parking, on the Town owned property at Ned's Way.
SECTION 2.
EFFECTIVE DATE.
This Ordinance shall be submitted to the voters at the election to be held on
Iune 6, 1995, and, if approved by a majority of the voters at that election, shall go
into effect ten (10) days after certification of such vote pursuant to Elections Code
Section 4013.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on February 1,1995, for submission to the voters at the election
of Iune 6, 1995, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
THERESE M. HENNESSY, TOWN CLERK
~t,;blJ. 2.
ORDINANCE NO. _N.S.
AN ORDINANCE OF THE TOWN OF TIBURON
DIRECTING THE TOWN COUNCIL TO SELL RATHER THAN
DONATE OR LEASE PROPERTY FOR A NEW LIBRARY
The People of the Town of Tiburon do ordain as follows:
SECTION 1. The Town of Tiburon shall sell, rather than donate or
lease, the Town-owned property at the corner of Mar West Street and Tiburon
Boulevard for the construction of a new library.
SECTION 2.
EFFECTIVE DATE.
This Ordinance shall be submitted to the voters at the election to be held on
June 6, 1995, and, if approved by a majority of the voters at that election, shall go
into effect ten (10) days after certification of such vote pursuant to Elections Code
Section 4013.
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on February 1,1995, for submission to the voters at the election
of June 6, 1995, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ANDREW THOMPSON, MAYOR
Town of Tiburon
THERESE M. HENNESSY, TOWN CLERK
&t,.'t~n+ .3
TOWN OF TIBURON
MEMORANDUM
TO:
TOWN COUNCIL
FEBRUARY 1, 1995
ITEM NO: 1 (!.., r [)
SUBJECT: NEW TOWN CENTER AT NED'S WAY
FROM:
TOWN MANAGER
BACKGROUND
Since the defeat of Measure "I" this past November regarding the New Town
Center at Ned's Way, Town Staff and members of the Town Council have
continued to consider alternative financing methods and/or a phased
approach to implementing the proposed New Town Hall and Police Facilities
at the Ned's Way location.
One aspect of this additional research has been to discuss possible financing
and construction strategies which would enable the Town to proceed with all
or a major portion of the proposed new facilities. Meetings have been held
with local developers and capital expenditure and construction managers for
the purpose of possibly establishing a public/private sector partnership to
achieve the Town's goals.
Councilmembers Nygren and Wolf, and the Town Manager met recently with
Kitchell Corp. representatives who specialize in program management,
construction management and financing. They are currently analyzing
Tiburon's New Town Center proposals to determine if and how they can be
of assistance.
EXHIBITS
1. Kitchell Corp. Information
811:3IEIm
.
INTRODUCTION TO KITCHELL
HISTORY
Over the years, Kitchell has become a leader and an innovator in the management of the
construction process. Kitchell's construction know-how stretches back more than four decades
with the founding in 1950 of Kitchell Contractors.
During the late 1960s, Kitchell was in the forefront of U.S. firms introducing construction
management services. Kitchell wanted the contractor's skills in estimating, scheduling, and value
engineering to be available to its customers during the design phase as well as during
construction. This concept revolutionized project delivery and was an instant success, so in
1978 Kitchell formed Kitchell CEM (Capital Expenditure Managers) to provide program, project,
and construction management services exclusively to federal, state, and local agencies, school
districts, universities, and research institutions. This service provided the opportunity for clients
who elected to use traditional bid methods to still take advantage of Kitchell's construction
management services. In 1993, Kitchell was ranked as one of the top 50 U.S. construction
managers by Engineering News Record.
Kitchell CEM's first project, over 15 years ago, was to help a school district meet its bond
program budget and schedule goals. It was extremely successful! Fifteen schools were
completed ahead of schedule with documented savings of over $300,000. To date we have
undertaken $5 billion worth of public sector projects as varied as public schools (elementary,
junior high, high school levels), universities, stadiums, jails, prisons, city halls, theaters,
museums, libraries, parking structures and convention/exhibit halls. Over 70 percent of our
former clients have chosen our services for further projects. To provide our clients with a broad
perspective and range of services, professional registered planners, architects, and engineers
of all disciplines (civil, electrical, mechanical, structural) make up a large percentage of our staff.
As a leading construction manager of public sector projects, we have a depth of in-house
experience, procedures, and systems for the successful management of construction projects.
We consider ourselves an extension of our client's staff, providing the resources and systems
necessary to achieve your quality, schedule and budget goals. We are also adept at dealing
with the high visibility and community involvement that are an integral part of a public sector
project. Our approach involves effective communication with the project team, and the community
as a whole, to keep everyone informed about the project and its status. Construction projects
are complex and depend upon people working together to define needs, set goals, and
determine strategies. And working with people is where Kitchell CEM excels.
II
81mmrrm
OUR APPROACH
At Kitchell we pride ourselves on having the full complement of in-house services necessary to
meet our client's program and construction management needs. We can supply experts in
services ranging from early conceptual estimating through post-construction inspections.
Because of our specialization in public sector projects, all of our personnel are experienced in
working with public agencies. Our public sector experience has taught us that the most
successful projects involve a project team which is comprised of all project entities-Owner,
Architect, Construction Manager, User Groups and Contractor. It is imperative to understand the
underlying policies and goals of each group. Kitchell routinely works closely with user and policy
selting representatives to develop master plans, budgets, schedules, and project delivery
strategies. Kitchell reports progress and recommends adjustments as required to meet the
Owner's goals. Our process of project team management includes these components and they
have proven beneficial to our previous clients.
The processes Kitchell has in place have been developed to implement Owner and User policy _
- that is to make the Owner's course of action and objectives for the project work. Kitchell's
seasoned personnel work as an extension of the Owner's staff, to implement the Owner's
policies and objectives for these projects. Kitchell's in-house capabilities include comprehensive
predesign through design and construction phase services, including specific staff and support
systems.
SERVICES
Kitchell can provide any combination of the following services, dependent on specific project
requirements. We have the capability to provide all of these services with current in-house
personnel, and do not need to subcontract services to outside consultants or professionals.
Preconstruction Phase Services
During the pre-construction phase of a project, Kitchell's goal is to function as an extension of
the Owner's staff and to set in place procedures and controls that will ensure that the project will
be delivered on time, in budget and function as required. Our systems and processes are
designed to prevent problems before they happen through a methodical and rigorous
construction management approach. Some of the preconstruction phase services we could
provide include:
. Conduct an initial planning workshop to create the baseline
parameter documents that define budget, schedule, function and quality
. Design team coordination and communication
. Review plans and specifications at schematic, design
development and construction document phases with
registered architects and engineers in all major disciplines
. Update schedule and budget
. Conduct value engineering and constructability reviews
IJ
Elmm::Im
. Develop construction contract "front end" documents
. AlE selection assistance
. Review AlE requests for payment
. Assist Owner in advertising and awarding bids
Construction Phase Services
After the construction contracts are awarded, and mutually agreeable construction schedules are
in place, Kitchell monitors and enforces the construction schedule and adherence to the terms
and conditions as outlined in the construction contracts. The critical path schedule is the basis
for project performance during the construction phase, and progress is assessed using the CPM
network as a baseline.
During the construction phase of the project, Kitchell utilizes our Construction Management
Control System to ensure that projects are completed and operational in accordance with the
Project Master Schedule. This system will allow Kitchell's project representative to monitor and
control all of the documents, responsibilities, project logs, assignments, and status reports during
the construction phase. This is an essential element to the overall success of the project
because it allows the Project Manager and the Owner to have immediate access to
information regarding the project status, and forms the basis for sound decision making and
reporting.
If requested, staff is present on-site, full time during the construction phase. As required,
members of our multi-discipline staff are present on-site for construction observation and
specialty inspections, as scheduled by the project representative based on project requirements.
This arrangement provides optimum service and accessibility to the Client, and allows day-
to-day contact with the Architect and the contractors during the construction phase. Our
approach to construction phase services, and the utilization of proper documentation from the
design and construction phase, provides the on-site Project Manager with the information
necessary to keep the project within the established parameters for budget, schedule and
quality. Schedule control, proper contract administration and documentation are essential
elements in the following activities:
. Administer construction contracts, procedures, submittals
. Assist Owner in early identification and resolution of disputes
and/or potential claims.
. Facilitate communication during construction
. Observe, monitor, and coordinate site work
. Maintain documents and correspondence
. Manage change orders
. Review and monitor contractor(s) safety program
. Verify progress payments
. Manage substantial and final completion
. Coordinate start-up operations
II
81 mm::DJJ
MANAGEMENT PLAN
Many of our project successes are attributable to immediate implementation and execution of
project management plans, which have been developed and refined over the past 15 years. We
are experienced in the development and implementation of management plans which encompass
all project control elements and outline procedures for their implementation and documentation.
Our public sector experience gives us the ability to bypass development of time-consuming
strategies to make things happen. The Management Plan will:
. Aid and expedite project communication and management
. Increase efficiency of the design and construction process
. Expedite problem resolution
Schedule Control System
The Kitchell scheduling system is computer based and is designed to provide such benefits as:
~
. Clear definition of project goals and objectives
. Identification of work tasks by responsibility
. Integration of time with resources
. Progress and status reports
. Early warning of potential problems
. Identification of and emphasis on critical items
. Reliable information for redirecting the project when necessary
The CPM Master Schedule summarizes all of the project elements and becomes the main
control document. All other plans and schedules are coordinated to support its dates, durations,
and objectives. Because the CPM schedule links all tasks together, the effect of any delay on
the schedule as a whole is easily determined. When a change in scope is entered into the
computer, a revised schedule and cash flow projection can be quickly generated for comparison
purposes.
Cost Control System
Cost Control is maintained on both construction and non-construction costs from project
start to finish. Kitchell's computerized Cost Control Report integrates all cost factors. Using this
report in concert with our design review process, during design phase, or with our Request for
Information (RFI) and Change Order logs during construction, we take an active role in not only
showing cost impacts as the project progresses but in providing alternatives and
recommendations for maintaining costs within the budget.
Kitchell's goal is to use our experience, technical expertise, and commitment to accomplish the
following:
. Track how dollars are being spent
Provide clear, concise reports explaining the expenditures
. Maintain or improve the construction budget
. Control expenditures and forecast cash requirements
. Manage the cost impact of change
II
1'$1 mt"7':1'T1"n'
L:JI~
Quality Control
Underlying all of Kitchell's efforts in the use of these tools and systems is our Total Quality
Management Program (TQM). We have adopted and implemented a program developed by
Philip Crosby and Associates, a world recognized leader in TOM. Our program begins with a
commitment to quality performance, an attitude of "do it right the first time" that permeates all
of the activities of our company. This translates first and foremost into a customer satisfaction
approach taken by our employees and backed by the TOM program of monitoring, measuring,
and correcting performance.
Actual work on our clients' projects is monitored through both regular reporting requirements and
periodic special monitoring in accordance with our TOM processes. TOM involves the:
. Measurement of work activity
. Identification of nonconforming services
. Development of corrective action plans
. Plan implementation
This is not quality control "from above" or by inspection, but quality assurance in which every
employee is engaged in all of the steps involved in the process.
In our contract negotiations and at other times during the progress of the project, we work with
the Owner and the project team to define and refine the job requirements, continually measuring
our performance in terms of meeting these requirements no matter how frequently they may
change. Clarity of communication regarding these requirements is enhanced by the use of our
systems for design review, cost and schedule control.
Ouality of Work and Service, directed toward customer satisfaction, lies at the core of Kitchell
Values. "The conscientious and personal application of quality work and services to
deliver the finest results pOSSible in the committed time" is our promise to you.
Partnering
Partnering is a concept for managing construction projects which sets forth at project inception
a charter agreement among the parties conceming the manner in which they will work together
and deal with problems. Dispute resolution is an integral part of partnering and tends greatly to
reduce or eliminate the causes of claims by assuring that issues are raised at the time they
occur, are fully discussed, and fairly resolved.
Partnering can be a formal process or it can be created as an informal means of implementing
project management strategy. While we recommend the formal establishment of a partnering
agreement, it is always our objective to make sure we generate the benefits of this approach
toward mitigating the costly effects of claims.
Partnering is both an 'attitude' and a 'process' - an attitude of trust and cooperation and a
process to create and then maintain that attitude. Partnering offers a bridge across a deep
separation that normally exists between contractors and public owners. The process of
Partnering is critically important.
II
.
r
Municipal Facilities Project Directory
Partial List
City of Adelanto. Return to Custody Center - $8.5 million
c 380-bed parole violator center
City of Alhambra - $8.4 million
c Fire Station No. 74
City of Alhambra - $13.8 million
c New Police Headquarters
Butte County Jail - $6.5 million
c 200 bed county jail
C Managed design/build project
City of Coalinga Return to Custody Center - $9.3 million
C 380-bed parole violator center
. Corona Civic Center / Police Building - $44.0 million
C 50,000 SF police building
City of Delano. Return to Custody Center - $8.7 million
C 380-bed parole violator center
City of Folsom Return to Custody Center - $8.4 million
C 380-bed minimum security parole violator center
East Mesa Detention Facility - $79 million
C 832-bed, 355,000 sf jail
c Probation, Sheriff's and Educational support facilities
Flagstaff City Hall - $5.30 million
c 49,000 sf, 2-story administration complex
c City Hall and Council chambers
Flagstaff Public Library - $3.11 million
c 35,000 sf multi-purpose facility
Heard Museum - $4.0 million
c 37,000 sf exhibit space expansion
c 8,600 sf audiovisual center
,
.-
Herberger Theater Center $15.0 million
o Performing arts complex
o Two performance theaters
Marin County Correctional Facility - $18.1 million
o 222-bed county jail
Mesa Courts Building - $3.2 million
o New multiple courts facility
Mesa Performing Arts Center - $22 million
o 1,600-seat music theater
o 400-seat drama theater
Oceanside Civic Center - $30 million
o City Halls North and South
o Parking structure and library
'.
Orange Civic Center Remodel
o Public works, administration and police station
Orange County Intake I Release Center - $60 million
o 480-bed medium/maximum security jail
o Central reception I release center and new medical facility
Orange County Main Jail Renovation - $4.2 million
o Renovation of existing main jail
Palace West I Orpheum Theatre - $10 million
o Restoration of historic 1920' s 1800-seat theater
Peoria Municipal Complex - $29 million
o Phase I 85,500 sf - City hall, courts building and judicial office space
o Phase II 64,700 sf - Fire station, council chambers and library
Peoria Municipal Operations Center - $2.6 million
o Operations center, offices and maintenance facilities
Phoenix Civic Plaza Expansion - $38.9 million
o 330,000 sf addition of multi-use space
o Multi-purpose hall, banquet hall, and meeting rooms
.'
Scottsdale Multiuse Sports and Cultural Facility - $8.25 million
CJ Cactus League sports stadium and training facility
Sequoia Field Detention Center $20.8 million
CJ 384-bed county jail, intake/release center
Stanislaus County Health Care Facility - $17 million
CJ Mental, Public and Environmental Health Facility
Stanislaus County Needs Assessment - N/A
CJ County detention system needs assessment
Theo Lacy Work Release Facility - $3.1 million
CJ 180-bed minimum security facility
City of Torrance - $11.5 million
CJ Community Recreation and Cultural Arts Complex
CJ General Aviation Complex
Tulare County Courthouse - $10 million
CJ 66,000 sf, 4-story addition
CJ New courtroom and ancillary space wing
Yolo County Jail - $11. 1 million
CJ 224-bed jail
"
.'
KITCHELL CORRECTIONAL PROJECTS
Adelanto, California
· Return to Custody Center: $8.5 million; 380 beds
Albany, Oregon
· Albany Police Department Facility: $0.7 million
Apache County, Arizona
· Apache County Courthouse, St. Johns, AZ: $0.8 million
· Apache County Jail, St. Johns, AZ: $6.8 million; 80 beds
· Apache County Needs Assessment, St. Johns, AZ
Arizona Department of Corrections
· Apache County Prison, St. Johns, AZ: $12 million; 250 beds
· Perryville Prison, Perryville, AZ: $30 million; 1,200 beds
· Perryville Emergency Addition, Perryville, AZ: $7.1 million,-808 beds
,
Butte County, California
· Butte County Jail, Oroville, CA: $6.5 million: 200 beds
California Board of Corrections
· California Board of Corrections Handbook, Jail Construction Cost Management
Handbok
· Jails Study, Cost study of recently constructed jails throughout California
California Department of Corrections New Prison Construction Program
. Avenal State Prison, Avenal, CA: $124 million; 2,034 beds
· California Correctional Institution, Tehachapi, CA: $12 million; 500 beds
· California Correctional Center, Susanville, CA: $13 million; 500 beds
· California Institution for Men, Chino, CA: $3.6 million; 100 beds
· California Institution for Women, Frontera, CA: $3.6 million; 100 beds
· California Men's Colony, San Luis Obispo, CA: studies
· California Medical Facility, Vacaville, CA: $111 million; 2,400 beds
· California Reception Center, Los Angeles, CA: $147 million; 1,450 beds
· California Rehabilitation Center, Norco, CA: $3.6 million; 100 beds
· California Substance Abuse Treatment Facility/State Prison, Corcoran, CA:
$189 million; 2,900 beds
· California State Prison Sacramento (New Folsom), Folsom, CA: $118 million;
1,728 beds
· Calipatria State Prison, EI Centro, CA: $208 million; 2,200 beds
· Centinela State Prison, Imperial, CA: $224 million; 2,200 beds
· Central California Women's Facility, Chowchilla, CA: $139 million; 2,000 beds
· Chuckawalla Valley State Prison, Blythe, CA: $139 million; 2,200 beds
· Correctional Training Facility, Soledad, CA: emergency housing and electrified
fence projects
. Corcoran General Acute Care Hospital, Corcoran, CA:
· Ironwood State Prison, Blythe, CA: $ 214 million; 2,400 beds
"
KITCHELL CORRECTIONAL PROJECTS
California Department of Corrections New Prison Construction Program (Cont'd)
· Kern County, California City, CA: $198 million; 2,450 beds
· Kern County II, Delano, CA: $198 million; 2,450 beds
· Lassen County II, Susanville, CA: $195 million; 2,200 beds
· Los Angeles County, Lancaster, CA: $205 million; 2,200 beds
· Madera County II, Chowchilla, CA: $175 million; 2,000 beds
· Mule Creek State Prison, lone, CA: $97 million; 1,700 beds
· North Kern State Prison, Delano, CA: $198 million; 2,450 beds
· Northern California Women's Facility, Stockton, CA: $32 million; 400 beds
· Pelican Bay State Prison, Crescent City, CA: $197 million; 2,200 beds
· Pleasant Valley State Prison, Coalinga, CA: $210 million; 2,200 beds
· Richard J Donovan Correctional Facility, Otay Mesa, CA: $112 million; 2200 beds
· San Quentin Expansion, San Quentin, CA: $193 million; 2,750 beds
· San Quentin II, San Quentin, CA: $271 million; 2,200 beds
· Sierra Conservation Center, Jamestown, CA: $13 million; 500 beds
· Wasco State Prison - Reception Center, Wasco, CA: $192million; 2,450 beds
Coalinga, California
· Return to Custody Center: $9.3 million; 380 beds
Corona, Califomia
. Police Building Needs Assessment
Delano, Califomia
· Return to Custody Center: $8.7 million; 190 beds
Delaware Department of Correction
· Delaware Women's Prison, New Castle, DE: $18 million; 200 beds
EI Paso County, Colorado
· EI Paso County Criminal Justice Center, Colorado Springs, CO: $18 million;
384 beds
Folsom, Califomia
· Return to Custody Center: $8.4 million; 380 beds
Humboldt County. California
· Humboldt County Jail, Eureka, CA: $25 million; 366 beds
Idaho Department of Correction
· Idaho Men's Housing Unit, Boise, 10: $3.5 million; 190 beds
· Idaho Women's Correctional Facilities, Pocatello, 10: $10 million; 296 beds
· Idaho State Hospital North, Oratino, 10: $3.5 million; 128 beds
Indiana Department of Correction
· Wabash Valley Correctional Institution, Carlisle, IN: $58 million, 650 beds
,
"
KITCHELL CORRECTIONAL PROJECTS
Kern County, California
· Kern County Needs Assessment, Bakersfield, CA
lake County, California
· Lake County Jail Complex, Lakeport, CA: $8 million; 144 beds
Lancaster County, Nebraska
· Lancaster County Intake and Detention Facility, Lincoln, NE: $15 million; 208
beds
La Paz County, Arizona
. La Paz County Needs Assessment, Parker, AZ
Linn County, Oregon
· Linn County Jail/Sheriff's Facility, Albany OR: $7.3 million: 100 beds
Marin County, California
· Marin County Correctional Facility, San Rafael, CA: $18 million; 200 beds
Mohave County, Arizona
. Mohave County Needs Assessment and Master Plan
Orange County Jail Renovation Program
· James A. Musick Facility, Orange County, CA: $7 million; 360 beds
· Orange County Intake/Release Center, Santa Ana, CA: $60 million; 480 beds
· Orange County Main Jail Renovation, Santa Ana, CA: $4.2 million
. Sheriff Near Term Facility, Orange County, CA: 1,500 beds
· Theo Lacy Work Release Facility, Orange, CA: $3.1 million; 180 beds
Pima County, Arizona
. Pima County Jail, Tucson, AZ: $17 million; 384 beds
· Pima County Work Furlough Center, Tucson, AZ: $1.5 million; 100 beds
Pinal County, Arizona
. Pinal County Needs Assessment, Florence, AZ
San Diego County, California
. East Mesa Detention Center, Otay Mesa, CA: $79 million; 1,050 beds
Stanislaus County, California
. Stanislaus County Needs Assessment, Modesto, CA
Tulare County, California
. Sequoia Field Detention Center, Visalia, CA: $21 million; 384 beds
.
KITCHELL CORRECTIONAL PROJECTS
Washington Department of Corrections
· Airway Heights Prison, Spokane, WA: $90 million; 1,024 beds
· Clallam Bay Addition, Clallam Bay, WA: $15 million; 400 beds
· Correctional Center for Women, Gig Harbor, WA: $20 million; 300 beds
Wyoming Department of Corrections
· Cheyenne, WY: $30 million; 610 beds
Yolo County. California
· Yolo County Jail, Woodland, CA: $11.1 million; 224 beds
~
j:\zz\proposlIl\develop\prisons.doc
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
SCOTT ANDERSON, ~
PLANNING DIRECTOlr~
MEETING DATE: 2/1/95
ITEM NO.: <g
FROM:
SUBJECT: TOWN PARTICIPATION IN MORTGAGE CREDIT CERTIFICATE
PROGRAM
BACKGROUND
The Marin Housing Authority is requesting that the Town
participate in its Mortgage Credit certificate (MCC) program.
The tax credit program offers direct financial assistance to
moderate income, first-time homebuyers (see attached material
from Marin Housing Authority).
Marin Housing Authority would work directly with realtors and
lenders to process individual MCC applications from would-be
homeowners.
ANALYSIS
The Town's participation would involve the Town doing the
following:
1. Entering into a cooperative agreement with the Housing
Authority to participate in the program.
2. Making a financial contribution (not to exceed $750) to the
Housing Authority to help fund the application fees and off-
set start up costs associated with the MCC program.
Town Staff believes that participation in the MCC program would
further the goals of the Housing Element and could provide
pivotal financial assistance for first time homebuyers in the
Town.
RECOMMENDATION
1. That the Town Council authorize the Town Manager to enter
into the cooperative agreement, pending approval as to form
by the Town Attorney.
2. That the Town Council appropriate $750 from the Low and
Moderate Housing Income fund for this purpose.
\scott\mortgage.rpt
TlBURON TOWN COUNCIL
STAFF REPORT
1
Robert Kleinert, Town Manager
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 94920
RECEIVED
IJAN 1 7 1995
MAR'N
HOUSING
January 12, 1995
Making Housing More AHordable
TOWN OF TIBURON
PLANNING & BUILDING DEPT.
30 N. San Pedro Road
Post Office Box 4282
San Rafael California 94913
Executive Director
Janet Miner Schader
re: Proposed 1995 Mortgage Credit Certificate Program
DepUlY Director
Michael D. Kelleher
Dear Bob:
On January 10, 1995, we held an initial planning meeting with representatives of most of the local
jurisdictions on the proposed 1995 Marin County Mortgage Credit Certificate (MCC) Program. A
descriptive summary of this highly successful tax credit program, which provides direc( financial
assistance to moderate-income, first-time homebuyers, is attached for your review. Based on the
favorable reception and >interest in proceeding, we plan to move forward with the program as follows.
A Marin County MCC program administered by Marin Hot/sing, with a proposed initial allocation of
$20 million in tax credit authority, will be made available to qualified homebuyers in all participating
local jurisdictions, which tentatively includes Corte Madera, Fairfax, Mill Valley, Novato, San Rafael,
and the County unincorporated area. Also considering participation in the program at this time are
Larkspur and San Anselmo.
In order to submit an application to the California Debt Limit Allocation Committee (CDLAC), it is
necessary to execute a Cooperative Agreement with each participating locality. We are requesting that
your Council take action before the end of February to approve a Cooperative Agreement with Marin
Housing for operation of the MCC program (please refer to attached draft). We are also requesting a
financial contribution to help offset the CDLAC application fee and other program start-up costs in an
amount not to exceed $750 from each jurisdiction. Once the program is up and running, there will be
no additional cost to the Town. The program will be self-sustaining based on individual application
fees and participating lender fees.
Upon receiving an MCC allocation from the State and conducting an initial lender training session,
Marin Housing will work directly with realtors and lenders to begin processing individual applications
for MCC's. We look forward to being able to make this program available to qualified moderate-
income, first-time home buyers in participating jurisdictions by the summer of this year. Please feel
free to call me at 491-2545 if you should require any additional information.
Sincerely,
M~M~
MAURICE M. WOLOHAN
Manager, Rehabilitation & New Development
Attachments
Housing Authority of
the Counly of Marin
cc: Scott Anderson
415/491-2525
(FAX) 415/472-2186
(TDD) 1-800-735-2929
MARIN COUNTY
MORTGAGE CREDIT CERTIFICATE PROGRAM
A. GENERAL OVERVIEW
,
From 1987-1990, a Mortgage Credit Certificate CMCC) Program was available to eligible
first time homebuyers who purchased homes throughout Marin County. The MCC
Program is being considered again by its original sponsor, the Housing Authority of the
County of Marin and once again is proposed as a countywide program. The Housing
Authority. will administer the program.
For those unfamiliar with the benefits of the MCC Program, we have provided a brief
overview below.
What is an MCC?
A Mortgage Credit Certificate (MCC) provides an annual tax credit for homebuyers.CMCC
holder), thus reducing the amount of Federal income tax they pay. This reduction in
income taxes provides more available income to homebuyers to qualify for a mortgage
loan and to make their 'monthly mortgage payments. The tax credit can be taken by MCC
holders as long as they maintain their original mortgage and live in the home as their
principal residence. Under the MCC program, the maximum tax credit available is
equal to 20 percent of the annual interest paid on the MCC holder's mortgage.
How does the MCC reduce your taxes?
In the example given in Table 1-1, a Borrower with a 9.25% fixed rate 30-year mortgage of
$140,000 would make $12,912 in interest payments during the first year of the
mortgage.1 With an MCC, the borrower deducts 80% of that interest ($10,330 in our
example) - along with other allowable deductions - from his total gross income in order to
figure the "adjusted gross income" on which he will calculate his total tax liability. After
the borrower has calculated his total tax liability, the remaining 20% ofthe interest ($2,582
in our example) is deducted from his total tax liability. If this subtraction results in a
negative number----in other words, if the borrower is unable to use the entire MCC tax
credit in this particular tax year--uthe credit may be carried forward and used, up to three
calendar years in the future.
Table 1-1 shows that if a Borrower in this example has an annual tax liability of $2,582 or
more after all other deductions and credits, the after.MCC credit interest paid on the
mortgage is reduced to 7.4%. In other words, the net effective interest paid (interest less
tax savings or $12,912 less $2,582) is $10,330 which when applied to a $140,000 mortgage is a
7.4% interest rate. This effect, however, is achieved only when the MCC holder
(Borrower) has sufficient income tax liability to receive the entire benefit from the MCC
tax credi t.
1Interest payments on a fixed-rate mortgage will go down gradually each year. On variable-
rate mortgages, the total annual interest may increase.
1
Mortgage Credit Certificate Program - Background 1/10/95
Table 1: Effect of a Mortgage Credit Certificate--Exumple
,',I' "
1.
2.
:0 3.
,4.
, 5.
..:' ;6.
First Mortgage Amount
Mortgage Interest Rate
Annual Interest Payment
Mortgage Credit Certificate Rate
Annual MCC Amount (Line 3 x Line 4)
Monthly Credit Amount (Line 5 + 12)
.'
$140,000
9.25%
$12,912
20%
$2,582
$215
.).')"-,
Note that the MCC program applies only to the borrower's federal tax liability. State taxes
are not affected.
Table 2: Comparison of Tax Credit to Tax Deduction
...c' . <, ;,. :-:". ;,.'.;,
MCC Tax Credit
, $4Q,ooo
, ,,; ($10,330)
,,-r . ($8,600)
($2.000)
. $19,070
.Total Income :;'.1 .. J;...
Mortgage Interest Deduction
Less Depertdent Deductions
Other deductions ,I;. .
. Total Taxable Income
Federal Income Tax Liability
Tax Credit
Taxes Paid
$2,861
($2.582)
$279
':',
",
.,. . ~ . \ l
Tax Deduction
$40,000
($12,912)
($8,600)
($2.000)
$16,488
$2,471
~
$2,471
What are the purchase price and income limitations fur MCC participation?
As stated earlier, Mortgage Credit Certificates will be available to eligible first-time
homebuyers purchasing a home in jurisdiction (city or unincorporated County)
participating in the Marin County MCC Program. Table 3 shows the purchase price and
income limitations for MCC Program participants.
Table 3: MCC Program Purchase Price and Income Limitations
Purchase Price2
New (never previously occupied) units
Existing (resale) units
$224,100
$256,500
Income
1 and 2 person households3
3+ person households
Lower income reserve
$57,600
$66,200
$46,080
290% of Ave. Area Purchase Price for new and existing housing.
3Households of 1 and 2 persons=100% median); 3+ person households=115% median.
2
~,-, .
d/;I
;~t;~;,.
COOPERATIVE AGREEMENT BETWEEN THE TOWN OF
and THE HOUSING AUTHORITY OF THE COUNTY OF MARIN
This COOPERATIVE AGREEMENT (the 'Agreement") is made and entered into as
~ of by and between the Housing Authority of the
County of Marin, a public body, corporate and politic, created under the Housing Authority
Law of the State of California (the "Housing Authority"), and the Town of
, a municipal corporation of the State of California (the "Town").
WHEREAS, the Internal Revenue Code of 1986, as amended, established the
Mortgage Credit Certificate Program (the "MCC Program") as a means of assisting
qualified individuals with the acquisition. of new and existing single-family housing; and
WHEREAS, the Housing Authority and the Town have agreed to cooperate in the
establishment and administration of an MCC Program pursuant to Division 31, Part 1,
Chapter 3.5, Article 4 of the California Health and Safety Code Sections 50197 et seq
(the "Act") in order. to assist individual home purchasers in the Town to afford both new
and existing homes which qualify under the statutory limits as provided for in said Act;
and
WHEREAS, in furtherance of the MCC Program, the Housing Authority has been
authorized by its Board of Commissioners to apply to the California Debt Limit Allocation
Committee ("CD LAC") for an initial mortgage bond allocation in an amount not to exceed
$20,000,000, to be converted to authority to issue Mortgage Credit Certificates in a face
.amount not to exceed $5,000,000 (based upon a 4:1 trade-in value of bond allocation);
and
WHEREAS, the Housing Authority intends to apply to CDLAC for subsequent
allocations of MCC authority as may be required in the future to extend the life of the
program; and
,.
WHEREAS, the Town and the Housing Authority wish to cooperate with one
another for the purposes of making the MCC Program available within the geographical
boundaries of the Town; and
WHEREAS, pursuant to Section 34209 of the California Health and Safety Code,
the Housing Authority is authorized to operate within the jurisdiction of the Town; and
WHEREAS, the Housing Authority has the capacity both to issue mortgage
revenue bonds and to establish and administer an MCC Program, and the Town desires
that the MCC Program be applicable to the purchase of eligible real property within the
Town;
NOW THEREFORE, in consideration of the mutual covenants hereinafter provided,
the parties hereto agree as follows:
Rev. 12/16/94
Page 1 of 3
;.~. .
\ ':,""
SECTION 1. The words and phrases of this Agreement shall, for all purposes
hereof unless otherwise defined herein, have the meanings assigned to such words and
phrases in the Act.
SECTION 2. The Housing Authority shall provide all staff and assume all
responsibility for the effective administration of an MCC Program within the geographical
boundaries of the Town. The Housing Authority shall cooperate with local real estate and
lending institutions which desire to participate in the MCC Program by securing
applications from eligible applicants and submitting them to the Housing Authority for
review and approval.
SECTION 3. Nothing in this Agreement shall prevent the Housing Authority from
entering into one or more similar agreements with other local jurisdictions within the
County, as well as with the County of Marin.
SECTION 4. This Agreement may be amended by one or more supplemental
agreements executed by the Housing Authority and the Town at any time, as long as
those amendments comply with State and Federal MCC Program regulations.
~. ".
SECTION 5. This Agreement may be terminated by either party upon 90 days
written notice delivered to the other party. The term of this Agreement shall extend until
such termination by written notice or until all mortgage credit certificates from the initial
MCC allocation and subsequent allocations from CDLAC are fully retired, or shall
terminate in the event that an initial allocation is not received from CDLAC. Notices shall
be delivered by first class U.S. mail, certified/return receipt, or by express courier service,
addressed as follows:
Housing Authority: Marin Housing Authority
P. O. Box 4282
San Rafael, CA 94913-4282
. Attention: Janet Miller Schoder, Executi\ie Director
,
Town:
SECTION 6. The Town agrees to undertake such further proceedings or actions
as may be necessary to carry out the terms and intent of this agreement as expressed in
the recitals hereto. The Housing Authority shall be solely responsible for all costs and
expenses related to the establishment and ongoing administration of the MCC Program,
PROVIDED, HOWEVER, that the Town shall reimburse the Housing Authority for a pro-
rata share of the application fee to CDLAC and the MCC Program set-up fee, the total
aggregate fee not to exceed $3,750. This $3,750 fee shall be divided evenly between all
participating jurisdictions. Thereafter, funds for the ongoing administration of the MCC
Program shall be derived from the application fee paid by individual MCC Program
applicants, and an annual participation fee paid by each participating lending institution.
Rev. 12/16/94
Page 2 of 3
7
MEMORANDUM
TO: ROBERT KLEINERT, TOWN MANAGER
FROM: SCOTT ANDERSON, PLANNING DIRECTOR~
SUBJECT: POSSIBLE REGULATION OF LEAF BLOWERS
DATE: JANUARY 17, 1995
At its regular meeting of January 11, 1995, the Planning
Commission raised the issue of possible Town regulation of
gasoline-powered leaf blowers.
The Commission indicated that there was a community need to enact
official regulations on the use of such leaf blowers.
staff was directed to inform the Town Council of the Commission's
position on this issue, and report back as to the procedure which
might be followed in enacting such regulation.
My recommendation is that the Commission's position be forwarded
to the Town Council in the form of an informational memo. The
Town Council can then decide if it wishes staff to begin formal
preparation of an ordinance concerning leaf blowers.
" .
TOWN OF TIBURON
INTEROFFICE MEMORANDUM
January 13, 1995
TO: ROBERT L KLEINERT, TOWN MANAGER
FROM: RICHARD STRANZL, FINANCE DIRECTOR
SUBJECT: TOWN HALL FACILITIES REPAIRS COSTS
FISCAL YEARS 1993-94, 1994-95
/0
Attached is a table which outlines the general Town Hall facilities repairs projects, and their costs,
which have been undertaken in the two most recent Fiscal Years. The combined costs are
estimated to be $36 500
The ADA and major electrical repairs are in progress, and project costs are estimated to
. ,
completIOn.
Attachments:
Table of Facilities Repairs Costs.
. .
TOWN FACILITIES REPAIR COSTS
Fiscal Years 1994, 1995
1993-94 1994-95
ADA Repairs
administration and police buildings 9,000
required in 1995
Electrical Repairs
building inspection department 3,300
area improvements.
replacement of defective ballasts 9,300
re-wiring of circuit panels, additional
outlets as needed.
joint recreation offices. move into 1,100
administration required repair to
accomodate copier equpment
Town Council Chambers
refit thrift shop for new chambers 7,500
re-roofing, painting, carpeting
fixtures, etc.
safety improvements, rear fire exit 3,000
and landing, doors, lighting
Finance Department
safety improvements, construction 1,500
of shelving in two offices
Public Works Building
improvements to accomodate 1,500
offices of town attorney, town engineer
Police Building
minor roof repair 300
Total Repai..(s) Costs: $7,500 $29,000
Combined Costs: $36,500
01/13/95