HomeMy WebLinkAboutTC Agd Pkt 1996-08-07
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
AUGUST 7, 1996
7:30 P.M.
6:45 P.M.
PLEASE NOTE: In ordertogiYe 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) Llmll Presentations to 3 minutes; (5) Speak
Directly into Microphone.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall
(415) 435-7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting [28 CFR 35.102.35.104 ADA Title III
REDEVELOPMENT AGENCY
A. ROLL CALL
B. APPROVAL OF MINUTES
1) MINUTES OF JULY 17, 1996 MEETING (Approval)
C. BUSINESS MEETING
2) CECILIA PLACE SENIOR HOUSING PROJECT - Status Report (project Manager Gideon
Anders)
D. ADJOURNMENT
TOWN COUNCIL
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC QUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to mal/ers 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 lime it is called Presentations are limited to three (3) minutes. Mailers requiring action will be referred to
the appropriate Commission, Board, Commil/ee or Staff for consideration and/or placed on a future meeting
agenda.
D. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
I) TIBURON'S INTERNET WEBSITE - (Councilmember Thompson, Town Clerk Crane)
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2) BLACKIE'S BRIGADE PROGRESS REPORT - (Larry Smith)
3) AYALA DAY PROGRESS REPORT - (Councilmember Hennessy)
4) SISTER CITY PROGRAM - Kinsale, Ireland (Councilmember Hennessy)
5) POLICE SERVICES & TOWN BUDGET COMMITTEES- (Mayor Wolf and
Councilmember Thompson)
F. CONSENT CALENDAR
The purpose a/the Consent Calendar;s 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 Stoff or the Public may request removal of an ilemfordiscussion.
6) TOWN COUNCIL MINUTES - July 3 and July 19, 1996 (Approval)
7) MONTHLY INVESTMENT SUMMARY - June 30, 1996 (Receive)
8) POLLUTION PREVENTION WEEK - September 16-22,1996 (Adopt Resolution)
9) AMICUS CURIAE REQUESTS - Kavanau v. Santa Monica Rent Control Board;
Ti/y B. v. City of Newport; Suter et al. v. City of Lafayette (Recommend Approval)
G. PUBLIC HEARING
10) REQUEST FOR ENCROACHMENT PERMIT - To relocate an Existing Gate onto Town-
owned Public Access Easement at the End of Taylor Road: Assessors' Parcel No, 38-421-05;
Mui Ho, Owner; Kathryn Cotton, Esq" Applicant
H. UNFINISHED BUSINESS
I. COMMUNICA nONS
J. STAFF & TOWN MANAGER REPORTS
11 ) ANNEXATION ISSUES - Paradise Drive Service Area - (Oral Report relating to July 31
meeting with County and Special District Representatives)
K. ADJOURNMENT
Future A~enda Items - SeD/ember 4.1996
MMWD Fireflow Improvements. (Resolution)
Redevelopment Agency. Annual Meeting
ViacomffCI Service Extensions
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DATE OF MEETING: AUGUST 7. 1996
NO. 14 -1996
DATE POSTED: AUGUST 2.1996
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a
Closed Session. More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LmGATION
(Section 54956.9)
Morales v. Town of Tiburon - Marin County Superior Court No. 164888
2. CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6)
Agency Negotiator: Ann Danforth
Employee Organization: TPA (Tiburon Police Association)
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CALL TO ORDER
Tlrl-i df 12fJ4 /
REDEVELOPMENT AGENCY
MINUTES
Chairman Wolf called the meeting of the Redevelopment Agency of the Town of Tiburon
to order at 7:34 p,m., on Wednesday, July 17, 1996 in Council Chambers, 1101 Tiburon
Boulevard, Tiburon, California.
A. ROLL CALL
PRESENT: BOARDMEMBERS: Ginalski, Hennessy, Thayer, Wolf
ABSENT: BOARDMEMBERS: Thompson
EX OFFICIO:
Executive Director Kleinert, Finance Director
Stranzl, Planning Director Anderson, Police
ChiefHerley, Police Sgt, Aiello,
Superintendent of Public Works Iacopi, Town
Engineer Mohammadi, Minute Clerk Crane
B. NEW BUSINESS
1. Approval ofJune 19, 1996 Minutes.
MOTION:
Moved:
Vote:
To approve Minutes #RA-51-96, as submitted.
Thayer, Seconded by Hennessy
AYES: Hennessy, Ginalski, Thayer, Wolf
NOES: None
ABSENT: Thompson
C. BUSINESS MEETING
2. FY96-98 BUDGET (Adoption - Resolution).
MOTION:
Moved:
Vote:
#RA.51.96
To adopt Resolution Approving FY96-98 Budget as
previously presented.
Hennessy, Seconded by Thayer
AYES: Hennessy, Ginalski, Thayer, Wolf
NOES: None
ABSENT: Thompson
June J 9, 1996
l
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D. ADJOURNMENT
There being no further business before the Redevelopment Agency of the Town of
Tiburon, Chairman Wolfadjoumed the meeting at 7:35 p.m., sine die,
NICKY WOLF, CHAIRMAN
ATTEST:
DIANE L. CRANE, MINUTE CLERK
TIBURON REDEVELOPMENT AGENCY STAFF REPORT
Meeting:
To:
From:
Subject:
August 7, 1996 Item No:
BOARD OF DIRECTORS
RICHARD STRANZL, FINANCE DIRECTOR
ECUMENICAL ASSOCIATION FOR HOUSING (EAR)
CECILIA SENIOR HOUSING PROJECT
Project Status Report
Proposal for Additional Agency Funding
fOA#2
I
Item:
This item is to receive a status report concerning the EAH/Cecilia Senior Housing Project, and for
consideration of EAR proposal(s) for additional Redevelopment Agency funding of the Site
Development and Building Construction phases of this project.
Financial Status of the Cecilia Senior Housing Construction Project
Summary of current status
The project has substantially concluded the predevelopment stage; EAR has received bids for the
Site Development and Building Construction improvements; and it now appears that EAR will
require additional Agency funding of approximately $412,000 to adequately fund the project to
completion (see Attachment 1,. EAR project proforma)
Recent develooments
EAR has been aware for some time that this project may be under funded. In February 1996,
EAR informed the Town (Agency) of the possibility that additional Agency funding would be
needed to complete the project, On March 6, 1996, Staff (Town Attorney, Finance Director) and
Redevelopment Counsel met with EAR to discuss financial issues associated with the project.
EAR discussed the financial status of the project and indicated that it seemed very likely
additional Agency funding (at that time, $222,000) would be required, Staff and Agency Counsel
recommended that EAR return to the Agency with a report and proposal once building and site
improvement costs were bid and all costs were known.
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As previously indicated, site development and building construction improvement costs now
appear to be nearly $412,000 in excess of funding sources. EAR now allocates the shortfall to site
and building improvements in the following amounts:
Site Development Improvements
Building Construction
Total estimated shortfall:
204,000
208,000
$412,000
EAR proiect budget proforma
The EAR proforma and internal analysis of the project budget is attached for Board review.
This section provides summary information concerning the sources of the overall shortfall in
project funding (for both sources and uses of funds) as identified in the attached proforma. There
are other items of variance in the proforma, however, the following examples are intended to
highlight areas of most concern.
Sources of Funds
Marin County CDBG
AHP Funds
Limited Partner Equity
Variance:
Actual or favorable
Budllet estimated (deficit)
199,061 334,051 134,990
0 21,000 21,000
685,518 760,542 75,024
Uses of Funds
Construction, including:
Site & landscape
Buildings
Contingency, other
Permits and fees
Site Improvements
724,095
78,275
311,878
1,056,600
159,690
515,730
(332,505)
(81,415)
(203,852)
Since the project's inception EAR has secured an additional $231,000 in funding - primarily from
block grant monies, and from the investing partners. This additional funding is more than offset by
revised cost estimates associated with building construction, site improvements and unanticipated
sewer hook-up fees. Included in the revised cost estimate for site improvements is establishment
of a $53,000 contingency reserve, and provision of $40,000 for civil and soils engineering services
2
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- these items were not originally budgeted-for.
Redevelopment Agency Funding for the Cecilia Project.
This section provides summary information concerning the allocation of Agency Housing Set-
Aside Funds for the Cecilia Project, and of other encumbrances and commitments of the Housing
Set-Aside Fund.
Agency funding of the proiect.
The Development Agreement requires the Redevelopment Agency to provide funding for the
project's predevelopment, site improvement and building construction components in the
following amounts, and with conditions as noted:
Predevelopment Costs
Other Professional Services
Site Development Improvements
Building Construction
Total Agency Project funding:
160,000 Agency loan to EAR
33,500
311,878
179,149 Agency loan to EAR
$684,527
As noted, the component costs for predevelopment and building construction (combined
$331,149) represent a loan from the Agency, which is be repaid to the Agency over a thirty year
period following completion of the project (by inference, approximately $345,000 in current
Agency funding is not a loan to the project.)
Financial status of the Housing Set-Aside Fund
Currently, the Housing Set-Aside Fund has total resources of approximately $1,000,000. The
Agency-funded Hilarita Renovation Project is complete, and the Cecilia Project is now the only
encumbrance of Housing Fund monies. The current (revised) allocation of funds for the Cecilia
Project is $507,000 (for site development, building construction, and other services costs.) EAR
has submitted documentation to finalize acquisition/purchase of the three-acre site from the
Agency; $35,000 was paid in October 1995 and $215,000 is the amount owed to the Agency.
Inclusion of proceeds of this sale increases total current Fund resources to $1,215,000.
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Restated estimate of Housing Set-Aside Fund Resources
Revised figures for the Housing Set-Aside Fund show that net of the encumbrance of $507,000
for the Cecilia Project, estimated available Fund resources are now approximately $700,000. The
Fund will probably realize $215,000 in revenues during the year (proceeds from investment
earnings and tax increment revenue), and will expend $31,000 for legal, financial and
administrative services. Estimated final resources will be approximately $892,000.
Fund resources, current
Revenues, estimated
Expenditures, for services
Encumbered for Cecilia Project
Adjusted Fund resources:
1,215,000 including proceeds of sale
215,000 increment, interest
(31,000)
(507,000) revised appropriation
$892,000 year end estimate
The figures above do not include an appropriation of funds for the estimated shortfall.
Recommendations:
The Redevelopment Agency Board of Directors:
1. Receive report by Ecumenical Association for Housing.
2, Discuss the affordable housing requirements of the Town.
3. Discuss anticipated uses and priorities concerning Redevelopment Housing monies.
4, Direct Staff to further negotiate cost-sharing or loan arrangements for the additional
required project funds,
5. Authorize Staff to take actions to mitigate and reduce project costs associated with utility
hook-up and permit fees. Estimated sewer district fees are $108,000. Because this a project of
significant benefit to the community, and is heavily subsidized by the Town (Agency) the
sewer/sanitary agency may be persuaded to waive or reduce fees to the project.
Attachments:
1, Report by Ecumenical Association for Housing
Project profonna (2 pages)
Report to be submitted by EAR.
4
qJ;~1-,J~-1j:;S 12: 31
CECILIA PlACE - - T1blnn
18 Unit Senior HCJf.lr.g
GilJeon Anders
USES OF FUNDS
....n"
Aoqwl:ltion
Acquisition Le.1
Al:qwisilign Title & R~d1ng
Taxe, ("~gn5trudion & Con.tr~ctio,,)
AJoeha.et;. Engin....ing
.Ateh~ co.slon.. ~~\liaion)
CivllEngll'lller
lanct.~Arohle.et
l;..-..y
SbJryPdM
BiddinQ PacMglI P'rep..lA,*_tCl"g
S."""'" IE"", 8<1000)
Pltt'M1la and F...
w....
POlE
9chcol
8e'Ml~ Disht
Phon.
e.olIN
Finane.t Conaultant
CaTC.ac Ai)ft.ljQnlMonhlrin~ F",
ConsIJuetlon
9ite&Lan:Jr.cape
Buildll"Ol
C:onhctor'. F.. (''''>
Consl.BondPremlum (1%.)
Contl,.nc~ C5%)
OtftittU:l~pil'1g!
Offsit. improve"*,,-
CQfl51r..ctian S.vicaa
Con.tr..dion ~iod In.:Jr.~lUtilii..
MarkatinglLea5ing
C~l :::ertibtion/Accouming
P.rmllnent\.~n
F.. (2%) $17~,OOO
L..;a'
lnspte:ioI'I
Tia. &. AteO'dlnliJ
Op4rall'lg RfNtve (i,:I mo., t~lnt)
Legal
Tr.....c:lion
Organiartion
Syndicetion
Ad"'lO.tr.non Coats
Dewloper F..
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PGU R.fvnd
TaTAL BUilDING COSlS
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415 453 4327
P,J6/87
SOURCES AND USES - - BUILDINGS
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12:21 PlY
O.te Prepar.d/l..t Raviaed'
OatePrinbtd:
...- E.timc.d
......,Co$t
t25C.OOO SZ50,OOO
$1,500 ",!!OIl
'0 ,",,000
$2,500 $4,'75
'108,000 $100,000
'1:U!OO $13,~
SO $2'2,000
$0 $1,000
10 1$',250
SO '2,500
110 11.000
$55,000 $41,611)
lJ23.275 540,!OO
SO '0
10 "08,07t
SO 10
10 110
$lQ,OOO $20,000
"3,379 $13,379
125,33"
1CI10,O~S $OMl.a2a
$47,439
10,100 $8,M3
SM,aaa $SO.314
SO $0
$l~,OOO $0
~,ooo $7 ,~QQ
".000 $15,000
'l7.COO $7,500
$7.!OO $7,!OO
10.500 '3,SO~
~',500 15,000
S. ,",,000
$15,000 SHI,OOO
$30,3'2 830,~l!
$O,6e7 $ti,607
$10,000 'l0,COO
$ZO,fJOO $20,000
$1',()OO $7f,000
$34,001) $34,000
$1,<<8,728 $1,954,773
S46,!OO
$1 ,~,213
$OlJIlCEl; ...... Pr.M",
S""''"'
'tibl.ir9n Rede\'eIo;.ment "$j1N"lq' $3:10,'49 1330,14'
~'" C~lolnty CCBG $1lil~,081 l284.C81
Mar'" COI.lrt( iC~) $0 $70,000
Marin CommunilY FOlolhdation 570,000 $70,000
AM_ SO 521,000
Bank of Amerc. e115.ooo 1115.000
timhd Partn.r I!:quity 5815,518 15760,5'2
lOTAL SOUFICl!S 11,468,7281 '1.010.152
IntrM$./P.~'ecr.$a) in :';ourCM $0 $2'1,024
S....../(CW'l $0 ($Z1J'1'~21)
C:\aA\118\S&L1GA6
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Tr....ction r.quiredthat Iarel be trlmt.rred twic., Firllt to EAH then to Parlner...tlip
Long. ..rw:t holdng inCfNud "'MaS.
OtlginalY incJ\,jMd $1 0,000 for I.ndacepe ..ehleet. lret.... d\.l' tg 1I.dr. work and exp9Mft.
If'l<<euod $C4;pl' of'NQl'k d.... to deaign cMrI,..: Iftd~o oon.~tlo,. inaptdion.
Celli: drIbulable to dtsl9n rtvt.w proc.u,
Required by dad., r~,,",..,
Re~red ~ ~Ub~O blddfnt of .i. WQtk,
~c1lyolIlt'lIrY btlcliJ' had to be revi.....for fir. depllrtment...d olty .rtg~,
P-.r~,"WlW"'l:Il*ined,
COlItWlderuthY.-.d by P~&Ei all bl.llllbo\ll $:f,OOO i.refunded wh.n meter! al~ Nt.
Sct\ool......"".......hrec:l,
Inlrutrl.lcb. and connecthtl tee. rW ",evle>>ucly 1....lified; 'Mliver >Mil b. agu;M.
IncludMllft huildlng and :.l~ WOrk bids
Sid rNult high... hn _tll'Mte.
Includtcl in bid_
lna....ea dlHr to incr... in bid amount
Ina....1Id QU. 10 fnctea.$9 In bid QtnQl.lnt.
lnelud.d In bid,
InclUded In ,ilt anCl bUildin; ~c:I;,
Increased ~ to 101'10- ct)/n;trl.letiCln pttlOd r.sultin; from two cClnb"am,
Increased _ tClI~-.s.d eoI'tSttuctle>n cct.t$ ar.d .n~t~d C9mtrl.lctiQntime.
Not included in orignial budg.l
EXHIBIT NO.
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oov. ewGET - -. SJlE DEVElOPMEN1'
ceca..... PLACE.... - Tlburon
USES
Cof"....uctiu't SUrvey
Sit. O_ring
AOllQt\CJreding
~IIdlntPIa"'u
Rol.!gn. Gr.~n8 flll"h
R<ledMI)' Mill ParkinG
Fir. laM e... Roe~:
iibtUtiI'"
$.... Lights at PklIl~\I
Slta lIletalning
Truhinc:kIiUt.
HiG~ $kip"
PG&E JoI~ Treneh
Adju$I ElIlsft"'....nholl.
"'0 !'tala SUI*'WI;ion and o.n....1 Conclitonl:
""0 Raila Contactor'. F..
Site Bid
s.1okt Fil Added Cod
COIItlngenc:.y 15%
Ilond
It\$ur~
0M0l., Paid Materia"
WOW
CabJelV
CWil Ellgineor
So~ Engn..
ltlTAl. USES
llQUftcES
Tlbute(l A.development A~
Slrpl~/(GAP)
PROJECT S.....MARY
SIlECEVELOPMENT GPP
WlOlNG CONSTflUCTION VA"
TOTAl PROJECT GN-
C~\Q4'l1B\3a.UGAO
Original
Eatima'-
US-OOO
lS8,eoo
f54.5QO
$211,500
118,000
$47,551
$',500
$oHl,llOO
$1,200
"!I,OOO
;4,000
$3,520
$2Q,ooo
".000
$11.001)
S2<l.GOO
".400
$3",878
$311,878
E. R, rl.
E;ti'na"d
""...,
o
o
$~.5,1t2
$37,500
$$30,372
$3,lil33
$10,000
$14,513
$500
$<0_
$19,500
$515,130
$311,'18
($203,W;
~o:),I!S2i
(1020&,521)
($41Z,373)
415 453 4927
i='.87/;;)7
Not..
Included in ailll
Includ9d inliCl
lncluchd in lid
Inciudaid in Sid
lncl\ldtid lr 81d
IhOl~ 'II Bid
lneluded In BlCt
Included i" Bid
I"eluded in Bid
1ncluded in Bid
lJK!Iwd.dln aId
Inett,ldedln8id
Inducltclln Bid
In~1.dlH:I inBtd
Irdudecl in Bid
Il\duded in Bid
Bid r.wlt hi~. than Mtimat.d.
Not incl_d in orlglnal..timat..
Nd included in oriiinat e;timat.
Ind~~d in ori;ina'"tlml.. under sft. cMv.lopm.r\icoatl.
Ineludec:l in original ifGtlmate unct.r ~I... ~IQpmentco.ts.
Scope of wwk Inc,... .. to Ml*l.t, bid: !nel__ inspect'on at &ilia pr.parauem.
RequirH G"'* to sIr. eonciticq; inelucfoed ..lMn~ Inapection durini site pr.parMtor..
T'lTR~ "'.37
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415 453 4~27 J.Jl J7
EAH
OR\G\NAL
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Bob Kleinert
COMPANY:
hUG ~,
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Town of Tiburon
FAX #:
L',/\!'"l/\GLFi'S cr::FiCE
T{iV};,J Of: r:3U;:iOi,J
435-2438
FROM:
Gideon Anders
Date:
August 2, 1996
Pages:
7
(Including this cover ~heet).
Enclosed is our formal request for the additional funds for
Cecilia Place Homes, Inc.
Later on today I will fax to you a draft letter that I would
appreciate your sanding to the Richardson Bay Sanitary Sewer
District in support of our request that they waive or reduce
approximately $108,000 in tee~ for the project. Please give me a
call if you have any questions.
. CTeazmg C;:W1munil)'!ry detltl()t)ing, mdnaging, and promotiT-& quDli~ afforclabJe howm,.nnce 1968
2169 Ew! Fra.cu." Blvd.
Suiti' B
s.. Rafael, CA 94901.5531
4/5/258-/800. FlU 415 / 453-4927
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August 2, 1996
Robert Kleinert
Town Manager
Town of Tiburon
1155 Tiburon Blvd.
Tiburon, CA 9492D
Re: Cecilia place/Tiburon Highlands
Dear Bob:
I am writing to request that the Tiburon Redevelopment
Agency make an additional grant commitment of up to $412,373 for
the Cecilia Place Senior Homes Project to enable a start of
construction. I am making this request because the bids that We
received for both the site work and unit construction were
substantially higher than projected and we have identified and
incurred additional costs that were not included in our prior
project budgets. As a consequence, the total funding sources for
the project are substantially below the actual costs and unless
we obtain the additional assistance will not be able to proceed
with construotion of this development.
As you know, EAH recently advertised for bids tor the
Cecilia Place Site Development project and for the Cecilia Place
Homes Senior Housing project. The former, was publicly bid and
included those portions of the development identified as the
Agency site Work in Section 3.8 of the Disposition Development
and Loan Agreement (DDLA) by and between the Tiburon
Redevelopment Agency and Ecumenical Association. When the DDLA
was entered into, we projected that the site work could be
carried out for a total cost of $311,878. The lowest bid for the
site work was submitted by W.R. Forde Associates for a total of
$355,812. Because the bid price excluded the cost of importing
or reworking the soils for the building pads. materials for the
water lines (which has been paid by EAH) , cable TV inspection
costs as well as a contingency, the hard costs for the site
development will total $465.79D. Moreover, due to the fact that
the site development is carried out under a separate contract, we
. Crcl1rl',g r:or\lmmTty Iry ":I".tll".lo~r,,! lMn~nz. tlnd t>.mr.oeing q'Ud(lt)' affrrr..Jablc housin~ _~j1'iCc 1968
21bl) !:,ts! Fr(l!'\';l,,,.., RI':"t
SUire B
San ,.'far!, CA 949:1 J. S5 3 I
415 i 258./8ll.1. Fax 41.5 /453-491:'
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415 ~5~ 4327 ~.03/J7
Robert Kleinert
August 2, 1996
Page 2
are including $40,000 in civil and soils engineering costs in the
site development budget for costs associated with designing the
underground utilities and inspection and testing se~ices during
construction. ~~en combined, we project the cost of the site
development to total $515,730, or nearly $204,000 above the CDLA
projected cost.
In part, these higher costs are due to the faot that recent
soil investigations have shown that the site's uphill slopes are
less stable than originally thOught and, as a consequence,
require more buttressing and cutting to prevent future earth
movement. The newly discovered soils conditions also require
that the soils engineer be more involved in the construction
process in order to determine the exact scope of the buttressing
work and to ensure proper reengineering of the site. The cost of
the site development, as well as the housing construction, are
also increased by the fact that the work will be undertaken by
separate contractors each Charging for mobilization and
demobilization. Moreover, to eliminate potential conflicts
between the contractors, we have had to specify special
inspections and certifications of the site conditions at the end
of the site development process to ensure that all underground
utility systems are in working order and have not been damaged in
the site development process.
The lowest bid for the building construction waS submitted
by Mid.tate Construction. Its bid was $996,323, nearly $300,000
over our initially projected costs. While we are looking at ways
to reduce the cost of the unit construction, as of today we do
not have firm figures that we can convey to you. Consequently,
our request is based on the Mid.tate bid as it was received. I
am hopeful that by the time that the Redevelopment Agency meets
on Wednesday, that we will have a list of design changes that we
can consider in order to reduoe the cost of construction. One of
the areas that we will be looking at quite closely is the site
landscaping whiCh is both extensive and costly.
In addition to the bid costs, we have recently been advised
by the Richardson Bay Sanitary Sewer District that the project
will have to pay approximately $20,000 in sewer connection fees
and nearly $89,000 in infrastructure fees ($5,300 per unit).
While we have included these fees in our budget, we are
requesting that the Sanitary Sewer District waive part or all of
these fee and urge that the Town of Tiburon and the Redevelopment
Agency support our request.
We have had other less significant cost increases in various
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415 453 --l327 r='. .J--l.-.J7
Robert Kleinert
August 2, 1996
Page 3
line items. We have detailed those in the enclosed budget
showing the projected sources and uses and a comparison to our
previous budget figures. Where there are significant
differences, we have provided short explanatory notes.
Because we previously anticipated some increased costs, we
have also been looking for additional funds for the project. As
a result, we have received an additional COBG grant of $70,000
from Marin County, and $21,000 from the Federal Horne Loan Bank's
Affordable Housing Program. In addition, our investor, The
California Equity Fund, is prepared to increase its contribution
by approximately $75,000 over our original projections. We have
included all of those increases in the sources for the project.
Notwithstanding, we are presently showing a total shortfall of
$412,373.
We have exhausted all alternative sources for raising
additional funds for this project. We have made a request to the
Marin Community Foundation for additional funding that has been
rejected. Marin County will also not be able to make additional
funds available to the project on a timely basis. The project's
operating budget and the limitation placed on the project by the
California Tax Credit Allocation committee preclude us from
increasing the Bank of America permanent loan.
We are hopeful that the total additional funds needed to
construct the project will be less than our request of $412,273.
As noted earlier, we are exploring design changes to reduce the
costs and will seek a fee waiver or reduction from the Sanitary
Sewer Oistrict. We also request that the Tiburon business
license fees for both Midstate Construction and W.R. Forde be
waived. This will reduce the project costs by about $1,500.
Due to our need to proceed promptly with the site
development and our inability to fully identify cost savings in
the building construction until after further consultation with
the Tiburon Planning Department and possibly with the Design
Review Board, we are requesting that up to $412,373 in additional
funds be committed to the project at this time. As provided
under the DDLA, funds not used for the development will be
returned to the Agency at the completion of construction.
PleaSe let me know if you have any questions or need
additional information. Otherwise, I look forward to meeting
~;J ~1-a~'-133S 1~': 38
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415 453 4327
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Robert Kleinert
August 2, 1996
Page 4
with you and the Redevelopment Agency on Wednesday, August 7, at
7:30 p.m.
Enc.
T~.rsmitted bY FaK oriQ;nal to follow.
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lhomas H. Webber' Jack Negle
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Diane L. Crane
Town Clerk
115 Tiburon Blvd.
Tiburon, CA 94920
July 19, 1996
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JUt 2 ~ 1996
TOWN MANAGER'S OFFICE
TOWt~ OF TlBURON
-~'~.; Dear Diane L. Crane:
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Hello, my name is David Roman and I will be putting !he Town of Tiburon website together, For the
past two week if anyone were to type http://www.tiburon.org/ in a browser. they would see the start
of !he Town of Tiburon website.
Unfortunately, !hat is as far as it has gone. Therefore, I'm looking to get an idea as to what it is you
want to put on !he site. I feel the best thing to do is have you think about what you would like to have in
!he site, and maybe write it down in an ouUine form. From there we could talk and start implementing
!hose ideas up onto !he I ntemet
I'm not sure as to how detailed you and Bob (Robert Fraik) talk aboul the website, but, as soon as
you can get us content in digital form, we can implement it immediately. If you have any problems in
getting content digitally, please let me know,
I'm very anxious as to getting the site started and see what you had in mind for !he site. You may
reach me at 789-1600 ex!. 234. I look forward to talking to you soon and getting things underway.
Sincerely,
7~~
David Roman
Production Manager
1707 Tiburon Blvd. . Tiburon, CA 94920 . 415.789.1600 tel . 415.789.5054 fox . http://www.digitalfoundrycom
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TOWN COUNCIL STAFF REPORT
TO:
TIBURON TOWN COUNCIL
AUGUST 7, 1996
FROM:
COUNCILMEMBER HENNESSY
ITEM NO.
.3
SUBJECT: AYALA DAY PICNIC
The Ayala Day Picnic Committee has held four meetings and is preparing a wonderful
community event which will also raise funds for the Town Hall furnishings and amenities. The
Ayala Day Picnic is scheduled for Saturday, October 19, 12 Noon to 5 P.M. at South ofthe
Knoll Park. The Volley Ball Game and Tug-of- War will be held on McKegney Green.
BARBEOUE
The Tiburon Police Officers Association will prepare an old-fashioned hot dog and hamburger
barbeque, with an additional modem touch of "veggie" burgers, There will be soda, water and
beer for sale, as well as "sno cones", "popcorn" and "cotton candy". People will be encouraged
to bring blankets and may also bring their own picnic.
ENTERTAINMENT
We have arranged for a reggae band, a teenage band, a jazz band and a former Mayor to
entertain, We will have face painting and a balloon clown. There might be some surprise guests
too,
GAMES
There will be the "Volley Ball Challenge" to the City of Belvedere, as well as a tug-of-war.
There will be numerous children's games, including the three legged races. We will have two
bounce machines, a pony ride, and rock climbing wall. Maybe even croquet.
RAFFLE PRIZES
Travel Travel of Strawberry has arranged for a $3,000 Club Med Vacation for four as our Grand
Prize. The Committee expects to have a 1st Prize ofa $1,000 shopping spree in downtown
Tiburon, and we are hoping to award prizes every ten minutes throughout the picnic.
Each household will receive an invitation along with six raffle tickets ($5 each/6 for $25)
enclosed in the Town's Newsletter. Tam Print has donated the printing of the raffle tickets. In
addition, there will be several other locations where tickets will be available, as well as at the
picnic.
CHILDREN'S CONTEST
The Heritage & Arts Commission will conduct a t.shirt or poster contest with the Reed Union
School District and St. Hilary's schools. Each age group will be awarded prizes, and artwork will
be displayed.
PARKING
The expanded parking at Blackie's Pasture will be opened with a parking attendant, and of
course, many people will walk or ride bicycles to South of the Knoll.
PUBLIC WORKS DEPARTMENT
The Public Works Department is building a stage, arranging for additional porta potty,
electricity, generators, trash receptacles, tables and chairs.. We are very grateful for their
assistance.
ADVERTISING
Newspaper coverage, Town Newsletter, Posters in stores and signs at Blackie's Pasture and the
Cove Shopping Center and fliers distributed to all the school children.
NO TOWN EXPENSE
The donations and sponsorships will cover costs, and we expect to raise thousands of dollars.
VOLUNTEERS
We will need approximately 55 volunteers who will each work a two hour shift. The Committee
invites everyone to join in the fun. Call Terry Hennessy at 435-7403.
COMMITTEE MEMBERS
Brian Sullivan, POSC
Wayne Snow, POSC
Heidi McVeigh, Accounting Technician
Tiburon Police Officers Association
Terry Hennessy, Town Council
Janis Dodgshon, Recreation Department
Michelle Hershy & friends (Games Subcommittee)
Cindy Marquis, Travel Travel
Joan Miranda, Receptionist
Public Works Department
TOWN COUNCIL STAFF REPORT
TO: TIBURON TOWN COUNCIL
AUGUST 7, 1996
ITEM NO. i
FROM: COUNCILMEMBER HENNESSY
SUBJECT: TWIN CITY PROGRAM
BACKGROUND
In May 1996 I visited Ireland and "left my heart" in the Town of Kinsale. It is located a half
hour's drive from the City of Cork at the southern tip ofIreland. It is a deep water seaport town
very much like Tiburon with famous gourmet restaurants, yacht clubs and quaint shops.
I visited Municipal Hall and talked to the Assistant Clerk. Kinsale has two Twin Cities; one,
Antibes Juan Les Pin and the other Mumbles (which I believe is in India). I think they can be
convinced to "twin" with a city in America.
ANAL YSIS
Having a Twin City would be beneficial in the following ways:
provide a unifYing, community activity
municipal exchanges (official delegations, internships for city officials in various fields,
sharing of "best ideas" oflocal government
use of telecommunications to make for unique cross-cultural learning and training
opportunities for both sides
educational exchanges/projects - the local School children may correspond with children
from another country
the Chamber of Commerce may benefit from ideas, i.e. "Gourmet Capital" awards
local yacht clubs will share events
RECOMMENDA nON
To authorize Councilmember Hennessy to pursue the Twin City proposal with Chairman
Thuillier of the Kinsale Town Council.
EXHIBITS
I. Brochure from Town of Kinsale
2. Kinsale Home Page from World Wide Web
3. Photo Album (provided at meeting)
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Kinsale home page
Page I
Kinsale: a town for all seasons
Photograph: Peter Zoller
Welcome to the gourmet centre of Ireland. Even the casual visitor to Kinsale is captivated by its beautiful setting, with its long
waterfront, narrow winding streets, and slate-clad houses. The bulk of Compass Hill rises sharply behind the town, overlooking a
large natural harbour of great beauty where the Bandon river turns south to enter the sea.
Click here to see a panoramic view of Kinsale
Kinsale is the holder of the prestigious European prize for Tourism and the Environment, awarded by the European Commission,
and won in the face of stiff opposition from other European locations.
Kinsale was the site of a battle in 160 I that was a turning point in Irish history. For over 300 years it was a garrison town and port
of consequence, leaving a legacy of Georgian and Victorian architecture. The people of Kinsale take the preservation of their
environment very seriously, and the town is noted for its successes in competitions such as Tidy Towns and the European Entente
Floriale competition.
Explore our pages for a taste of the "Gourmet Centre" of Ireland.
. Historic Kinsale - meander from a 12th century church to a sixteenth century star-fort, taking in Ireland's first wine museum
en route
. Gourmet's Delight. Kinsale boasts some of the best restaurants in Ireland, alongside delicatessens and seafood shops. Each
October the annual Gourmet Festival takes over the town for a long weekend
. Calender of events
. Activities for all - whether you prefer action or relaxation, Kinsale and its environs offer a wide variety of activities
. How to get to Kinsale. the town is half an hour's journey from Cork's international airport and ferryport
. Accommodation - the range of places to stay is excellent, from three star hotels to town and country homes to guesthouses,
caravans and campsites
To find out more about Kinsale Chamber of Tourism click here.
&I
I)!] Cork Internet Services' home page
Cit44i. Net
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f!.istoric Kinsale
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Historic Kinsale
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The Courthouse
The Courthouse building, located in the Market Square, was built in 1600, Additions in 1706 included the frontage with the loggia
on the ground floor. The Kinsale Town Corporation and its Sovereign conducted their affairs upstairs, There is a Museum within
the Courthouse which has a display of the famous Kinsale Giant who was believed to have been over 8 feet tall. The Courthouse
was used in May 1915 for the inquest into the loss of the liner Lusitania, off the Old Head of Kinsale.
Charles Fort
The vast star shaped Charles Fort, which was built in 1677, is only a short distance from the town. William Robinson, the original
architect, also built the Royal Hospital at Kilmainham in Dublin, Charles Fort has undergone many changes in the last few
centuries and it continued to be garrisoned until 1922. It is open to the public from mid-April to mid-October and guided tours are
available.
81. Multose
Built in 1190, SI. Multose still retains many of its original features, The black letter inscriptions in Norman French, the Easter
sepulchre, the baptismal font and the reredos from the Galway Chapel are all features of note. Also worth seeing are the town
stocks and a wooden coat of arms, Here Charles II was proclaimed as King by Prince Rupert. SI. Multose is one of the oldest
Church oflreland churches in the country.
Desmond Castle
Desmond castle dates back to the 16th century and is also known as the French Prison. Its original use was as a custom house for
wines, wools and tobacco. During the siege of Kinsale in 1601, the Spanish used it as a store for ammunition. In 1747 when the
building was used as a prison for French sailors, it caught fire and many were burned alive. There are plans to develop the first
wine museum in Ireland in Desmond Castle.
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Kinsale: Gourmet Centre
Page I
.
Gourmet Centre
The West Cork coast, with its many small harbours, is famous for fish and seafood, while the quality of the local meat, vegetables
and dairy produce available to Kinsale's chefs is second to none.
Restaurants in Kinsale pride themselves on their high reputation for culinary expertise, and work together through the town's
Good Food Circle. Local and international press reports highlight the variety of food available, and the imagination and skill of
Kinsale's chefs, When you have sampled our hospitality and food you will return time and time again.
The highlight of the year is Kinsale's Gourmet Festival which runs from 3rd to 5th October 1996.
Kinsale Good Food Circle
All numbers given are in the Cork 021 telephone area To dial from outside Ireland, first dial your country's international access
code. then 353-21 followed by the local number given below, Entries with an asterisk' also have accommodation. The
identitying letters give the key to the map below
. A. Acton's Hotel 772135'
. B. Blue Haven 772209'
. D. Chez Jean Marc 774625
. E. Cottage Loft 772803'
. F. Jim Edwards 772541
. G. Man Friday 772260
. H. Max's 772443
. I. Seasons 772244
. J. Trident Hotel (Savannah) 772301'
. K. Vintage 772502
Kinsale Gourmet Festival
Calendar of Events 1996
Page I
1 Jan - 31 March
A Taste of Kinsale A programme of one., two- and three-day Gourmet breaks organised by Kinsale Good Food Circle. Details:
(021)774026
16 . 18 March
St. Patricks Bank Holiday weekend music festival
6 - 8 April
Easter Bank Holiday weekend
5 - 7 May
Heineken Sevens by the Sea Rugby International Tournament. (Denis Kieran 021-772382)
9 . 13 May
Kinsale International Vintage Classic Rally (Liam Good 772875
1 - 3 June
June Spring Bank Holiday 2 Day South Union Point to Point Steeplechase Event
15 - 19 July
New York to Kinsale Transatlantic Race and gathering of cruiser fleets in Kinsale at Kinsale Yacht Club
3 - 6 August
Kinsale Annual Regatta - the oldest in Ireland - and Homecoming Festival
3 - 5 October
20th International Gourmet Festival by Good Food Circle Peter Barry (021) 774026
25 - 28 October
Autumn Bank Holiday & Fringe Jazz Festival (021) 772382)
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Kinsale Gourmet Festival
P.age I
Kinsale Gourmet Festival
Outline programme 3rd to 6th October 1996
Thursday 3rd October
11.00 am Golf Competition
6.30 pm Official Opening at Acton's Hotel, Kinsale Suite. Guest of Honour His Excellency Eddie Stevens, Ambassador of
Australia, introduced by Derek Davis, raconteur, connoisseur and bon viveur, and welcomed by Jack Walsh, Chairman of Kinsale
Good Foo d Circle. Champagne Reception Mumm Cordon Rouge. courtesy of Barry & Fitzwilliam LId
8.00 pm Dine out at the restaurant of your choice.
11.00 pm Festival Club at Actons Hotel 'A Kinsale Night of Talent', including cabaret and introduction to members of the Kinsale
Good Food Circle
Friday 4th October
11,00 to 1.00 pm The Sparkling Brunch at Acton's Hotel with the compliments of Christy/Galvin Wines of Cork. Produced by the
chefs of the Good Food Circle with the help of listed sponsors
pm Golf available at Kinsale's new 18.hole FaITangalway Course or the 9-hole course. Special rates from the Kinsale Golf Club,
details Hail McElroy, Trident Hotel (772301). Harbour trips also available, weather permitting.
4.00 pm 'Ready, Steady, Cook!' at Actons Hotel, with relevant commentary by Derek Davis (explanatory sheet available). Wine
sponsored by Gilbeys of Ireland.
8.00 pm Dine out at the restaurant of your choice.
11.00 pm Festival Club. 'An Irish-Australian Night', featuring the Irish Weavers - a night of contemporary and nostalgic Irish
music at Actons Hotel, Kinsale Suite
Saturday 5th October
12 noon 'A taste of Kinsale' at Acton's Hotel. A lavish selection of delicacies with the compliments of The Good Food Circle,
Wines sponsored by Grants ofIreland
3.00 pm 'International Wine Fair', in conjunction with the Australian Wine Bureau and various Irish wine shippers, focussing on
the Wine Geese theme of emigre Irish wine families.
5.00 pm Internationa! Boules for The Antibes Perpetual Trophy at the Town Park.
8.00 pm Dine out at the restaurant of your choice.
11.00 pm Gala Night in Acton's Hotel. Grand Strauss Ball with the Cork Strauss Orchestra. Also Cork City Jazz Band. Ticket
holders only admitted. Black tie. Overall sponsors Kerry Spring Water.
Sunday 6th October
12.30 - 2,00 pm 'A Cocktail of Farewell' offered by Gilbeys of Ireland LId at the Trident Hotel with delicacies ('Bush Tucker'
only). Courtesy of AlE Credit Card Services. Draw for two full 1997 tickets and accommodation, Music by The Stargazers
Notes
The theme throughout this year's festival will be Australian, and the guest of honour is His Excellency Eddie Stevens,
Ambassador of Australia.
I. Patrons are requested to make their own accommodations reservations in Kinsale and to make their Dinner booking direct to
their chosen restaurants as soon as possible.
2. Membership fee (lR75.00 for four day membership) should be forwarded to: The Good Food Circle, c/o Peter Barry, Scilly,
Kinsale, Co. Cork Tel: 774026 Fax 774438
3. In your own interest tickets should be carried at all events including the farewell on Sunday.
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Activities
.
Page I
Activities
Fishing
Along the coast of Kinsale are many fine spots for fishing. For a number of years Kinsale has been an important deep sea angling
centre, and blue shark are a speciality of the town. Deep sea angling boats are available for hire with skipper on a daily basis. The
wreck of the Lusitania lying 11.5 miles from the Old Head of Kin sale is an excellent and very popular angling mark, Game
angling for salmon and trout is available on the Bandon River. There are some good shore angling marks from the rocks on the
Old Head of Kinsale and the new bridge in Kinsale is a favourite spot at certain stages of the tide.
Sailing
The coast south west of Kinsale provides some ofthe best cruising grounds in Europe. Kinsale Yacht Club has been well
established as a significant sailing centre for nearly twenty years. Blue Flag marina facilities are available for visiting boats both
off the Pier Road, and at Castlepark outside the town. Yacht charter is also available near the Trident Hotel. Here a range of
fully-equipped yachts are available for hire and offer bareboat and skippered charters of the sout west coast of Ireland, Yachts also
available on day and half day basis.
Golf
There are two golf courses near Kinsale, both operated by Kinsale Golf Club. One is a 9-hole course and the other a new IS-hole
championship course. Both are close to the town of Kinsale and welcome visitors. Another IS-hole championship course is under
development at the Old Head of Kinsale and is due to be completed in 1996,
Riding
A number of equestrian centres with pony trekking facilities are located in the Kinsale hinterland, In nearby Belgooly the famous
showjumper Robert Spillane has an excellent riding centre. Innishanoon Horse Centre is another popular facility for those
interested in showjumping and three day eventing. Close to Kinsale, gentle rides through the rolling South Cork countryside are
available at Knocknamanagh Stables and Ballinadee.
Windsurfing and watersports
Kinsale has an outdoor education centre which provides training courses in sailing, camp craft, abseiling, orienteering.
Activities
page 2
windsurfing and rockclimbing which specialises in school parties.
Close to the town, a wide range of facilities are available at the Oysterhaven Activity Centre, Ireland's leading windsurfing centre.
Oysterhaven also offers sailing and canoeing, as well as training in powerboating. In addition to a wide range of week-long
courses, Oysterhaven offers Kinsale visitors activities for just a day or weekend. There are also various children's courses
available run between July and August.
Walking
The best and most exciting way of getting to know any town is to walk around it , Kinsale is a town of many small winding streets
and there are also beautiful strolls along the coasts and beaches within easy reach, Walking tours ofthe town are available each
day except Sundays and Bank Holidays. There is a small charge for these guided tours. French, Gennan, Italian and Spanish
speaking guides are available to take tours on request. A map can also be obtained from the Tourist Infonnation Office which
provides details of five walks in the general Kinsale area.
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Kinsale: Accommodation
Page I
Accommodation
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Kinsale has an excellent range of all kinds of Irish Tourist Board registered and approved accommodation, This includes hotels
and guesthouses, hostels, town and country homes, and farmhouses.
There is a wide range of self catering accommodation available in Kinsale, and caravan and camping facilities are available in the
surrounding areas.
All members listed on this guide are Bord Failte approved and are members of Kinsale Chamber of Tourism.
. Hotel accommodation
. Country house accommodation
. Town house accommodation
. Self Catering Accommodation
. Guesthouse accommodation
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Kinsale: Hotels
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Hotels
To use the telephone numbers listed below, add the area code 021 if dialling from outside the Cork area. For international calls
prefix with your country's international access code followed by 35321 and then the local number.
The asterisks indicate the rating of the accommodation, and single supplement prices for rooms are available on request. Most
major credit cards are accepted, and prices are quoted in Irish pounds per person, including Irish breakfast.
ACTON'S HOTEL ***
Set in mature gardens in the town area with uninterrupted views of the harbour, Acton's facilities include 56 rooms, an indoor
heated swimming pool and a health club. The hotel restaurant belongs to Kinsale's Good Food Circle, and jazz can be heard in the
Ship's Tavern bar.
Rates Jun-Sep: Twin room 55
Rest of year: Twin room 35
Address: Pier Road, Kinaale, Co. Cork Tel: 772135 Fax:
772231
General Manager: Jack Walsh Open: All year round
THE BLUE HA VEN***
Located in the heart of Kinsale, on the site of the old fish market. the Blue Haven offers a high standard of comfort and
hospitality. Facilities include 18 bedrooms, a restaurant which is a member of the Good Food Circle, and a conservatory/courtyard
Rates Jun-Sep: Twin room 65
Rest of year: Twin room 35
Address: Pearse Street, Kinsale, Co. Cork Tel: 772209
Fax:774268
OWners: Anne and Brian Cronin Open: All year round
INNISHANNON HOUSE HOTEL
Located on a riverbank in a house dating from 1720, the lnnishannon House hotel has recently been completely refurbished. The
13 bedrooms all have direct dial phones, TV and radio. The dining room is Georgian, and the food and wine superb. Facilities
include fishing, golf, squash, tennis and woodland walks,
Rates Jun-Sep: Twin room 62.50
Rest of year: Twin room 37.50
The Garden Suite is available at a cost of 100 sharing.
Address: Innishannon, Co. Cork Tel: 775121 Fax:775609
OWners: Conal and Vera O.Sullivan Open: All year round
TRIDENT HOTEL
Directly overlooking the harbour from the town, the Trident hotel has 58 en suite bedrooms. Its Savannah waterfront restaurant is
a member of the Good Food Circle, while the Fisherman's Wharfpub offers excellent bar food. The superb sea views can be
enjoyed in a friendly and relaxed atmosphere, Facilities include a leisure centre, deep Sea angling boats, and a private marina
which hosts the Sail Ireland yacht charter business, This hotel won the RAC Hospitality and Service award in 1995,
Rates Jun-Sep: Twin room 60
Rest of year: Twin room 25
Address: World's End, Kinsale, Co. Cork Tel: 772301
Fax:774173
Telex:75892
General Manager: Hal McElroy Open: All year round
THE WHITE LADY
Newly refurbished and located in the town centre, the White Lady hotel incorporates Paddy Garibaldi's restaurant and the While
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Kinsale: Hotels
,
Page 2
Lady nightclub, The 10 bedrooms are all en suite, with TV and telephone, The atmosphere is relaxed, and breakfast is availab Ie
until noon.
Rates Jun-Sep: Twin room 30
Rest of year: Twin room 20
Address: O.Connell Street, Kinsale, Co. Cork Tel: 772737
Pax:77464l
Open: All year round
1111
Country Houses
Country Houses
P;1ge I
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To use the telephone numbers listed below, add the area code 021 if dialling from outside the Cork area. For international calls
prefix with your country's international access code followed by 35321 and then the local number.
Prices are quoted in Irish pounds per person sharing, including Irish breakfast. Single supplement prices for rooms are available
on request. Most major credit cards are accepted.
CLUAIN ARD
Cluain Ard is a modern country home in a unique rural setting on the outskirts of historic Kinsale. Three en suite rooms are
available as well as a standard room. Travel Agents vouchers are accepted and there is a 25% reduction for children under 12
years.
Rates Jun-Sep: Twin room f18 and f20
Rest of year: Twin room f14 and f16
Address: Pike Cross, Kinsale, Co. Cork Tel: 774583
Owner: Tess McCarthy Open: All year round
COMPASS HILL LODGE
Located on a scenic walking tour just 10 minutes from Kinsale town centre, Compass Hill Lodge is a magnificent split-level
house, offering en suite rooms with linen sheets, telephone and spectacular views. There is a tennis court, conservatory and
private car park for guests' use. Non-smokers preferred,
Rates Jun-Sep: Twin room f20
Rest of year: Twin room f20
Address: Compass Hill, Kinsale, Co. Cork Tel: 774707 Fax: 774788
Owner: Carol Donohoe Open: All year round
GLEBE HOUSE
Glebe House is a Georgian rectory located close to beaches. All 3 rooms are en suite, with a telephone. Recommended by
Frommers and all major guides, this country house offers breakfast and dinner 'a ia carte'. Children are welcome.
Rates Jun-Sep: Twin room f35
Rest of year: Twin room f22.50
Address: Ballinadee, Co. Cork Tel: 778294 Fax: 778456
Owner: Gill Bracken Open: March to November
GORSE LODGE
Set in four acres of landscaped gardens, Gorse Lodge is a comfortable ranch-style bungalow with 4 bedrooms, overlooking the
beautiful quiet cove of Sandycove, south of Kinsale. It is adjacent to beaches and wonderful cliff walks.
Rates Jun-Sep: Twin room fI8
Rest of year: Twin room f14
Address: Ardkilly, Sandycove, Kinsale, Co. Cork Tel: 772895
OWner: Doris Matthews Open: 1 April to 9 October
HILLSIDE HOUSE
This spacious home set in landscaped gardens offers panoramic views over Kinsale. Located north of Kinsale town on the site of
the battle of Kinsale, this guesthouse offers 6 en suite bedrooms, and a guest TV lounge. Frommers recommended,
Rates Jun-Sep: Twin room E16
Country Houses
Page 2
Rest of year: Twin room €14
Address: Camp Hill, Kinsale, Co. Cork Tel: 772315
Owner: Margaret Griffin Open: All year round
JALNA
Jalna is a spacious modem bungalow just 1.5 miles north of Kinsale, set in peaceful countryside. One family room is available as
well as 3 en suite bedrooms. There is a private car park, and Jalna offers a 50% reduction for children.
Rates Jun-Sep: Twin room E16
Rest of year: Twin room €14
Address: Pike Cross, Kinsale, Co. Cork Tel: 772692
Owner: Breda Ahern Open: All year round
RIVERMOUNT
Located south of KinsaIe, Rivermount is set in peaceful surroundings with a pitch and putt course and pony trekking centre
nearby. It is an ideal base for visiting magnificent Garrettstown beach and the Old Head of Kinsale. All 4 rooms are en suite with
TV, tea/coffee facilities and a garden for guests' use,
Rates Jun-Sep: Twin room fIB
Rest of year: Twin room flS
Addrees: Knocknabinny, Co. Cork Tel: 778033 Fax: 778225
Owner: Claire O.Sullivan Open: March to 31 October
SETANTA
Located in Summercove, adjacent to Charles Fort, this spacious split-level bungalow offers magnificent views of Kinsale's inner
and outer harbour. Setanta has 3 en suite bedrooms and there are tea/coffee facilities and sate lite TV for guests' use.
Rates Jun-Sep: Twin room f17.50
Rest of year: Twin room fIS
Address: Summercove, Kinsale, Co. Cork Tel: 772761
OWner: Jennifer Allen Open: May to 31 October
STONEFIELD HOUSE
Stonefield House is a large dormer bungalow with sea views. All 3 rooms are en suite
with satelite TV and tea/coffee making facilities. There is a garden for guests' use and
private parking.
Rates Jun-Sep: Twin room fl8
Rest of year: Twin room fl6
Address: Kilcaw, Kinsale, Co. Cork Tel: 772334
OWner: Caroline Murphy Open: May to I November
W ATERLANDS
Less than Ikm from KinsaIe town centre, Waterlands offers luxury accommodation set in peaceful surroundings. All 4 bedrooms
are en suite with tea/coffee facilities. A breakfast menu is available and breakfast is served in the conservatory. There is a guest
lounge equipped with satellite TV, and a large private car park. Waterlands has been awarded AA 3Q Quality Award.
Rates Jun-Sep: Twin room f21
Rest of year: Twin room f16
Address: Cork Road, Kinsale, Co. Cork Tel: 772318 Fax: 774873
Owner: Joan Collins Open: March to 31 October
Guesthouses
P.;tge I
Guesthouses
To use the telephone numbers listed below, add the area code 021 if dialling from outside the Cork area. For international calls
prefix with your country's international access code followed by 35321 and then the local number.
The asterisks indicate the rating of the accommodation. Prices are quoted in Irish pounds per person sharing, including Irish
breakfast. Single supplement prices for rooms are available on request. Most major credit cards are accepted.
COTTAGE LOFT**
The Cottage Loft is centrally located and offers 6 rooms, all en suite with TV and direct dial telephones, There is a TV lounge
with tea and coffee, and one family room. The Cottage Loft restaurant offers excellent cuisine, has a restaurant wine licence and is
a member of the Good Food Circle,
Rates Jun-Sep: Twin room f20
Rest of year: Twin room ~15
Address: 6 Main Street, Kinsale, Co. Cork Tel: 772803
Owners: Buckleys Open: All year round
KIERAN'S FOLKHOUSE INN***
Centrally located, Kieran's Folkhouse Inn is over 250 years old and offers a high standard of attention and hospitality to its guests.
The 19 renovated bedrooms are all en suite with TV and telephones. The Inn also offers a Courtyard Restaurant, bars with live
music and the Bacchus nightclub.
Rates Jun-Sep: Twin room f30
Rest of year: Twin room f20
Address: Guardwell, Kinsale, Co. Cork Tel: 772382 Fax:774380
Owners: Kieran Open: All year round
KILCA W HOUSE***
Kilcaw is a traditional two storey house located east of Kinsale, set on seven acres with magnificent views. Wooden floors and
warm colours give an atmosphere of old world charm. The 7 bedrooms are all en suite with Multichannel TV, direct dial
telephones, and tea and coffee facilities. There is a private car park and a garden for the use of guests.
Rates Jun-Sep: Twin room f25
Rest of year: Twin room fl6
Address: Kilcaw, Kinsale, Co. Cork Tel: 774155
Owners: Henry and Christina Mitchell Open: All year round
THE MOORINGS****
The Moorings is a luxurious guesthouse with 8 spacious en suite bedrooms and sea-facing balconies. The rooms have colour TV,
telephones, tea and coffee facilities. There is a spectacular conservatory overlooking the yacht marina and the two forts which
dominate the harbour. Private parking is available, and the Moorings is also listed in most major guides.
Rates Jun-Sep: Twin room f55
Rest of year: Twin room €30
Address: Scilly, Kinsale, Co_ Cork Tel: 772376 Fax: 772675
Owners: Pat and Irene Jones Open: All year round
THE OLD BANK HOUSE****
Voted one oflrcland's top 100 places to stay, The Old Bank House is located in the centre of Kinsale, and is a large, Georgian
house with beautiful antique furnishings, This 9-bedroomed guesthouse is Bord Failte approved and has been awarded 4 stars by
the AA and RAC,
Guesthouses Page 2
Rates Jun-Sep: Twin room f60
Rest of year: Twin room f35
Address: 11 Pearse Street, Kinsale, Co. Cork Tel: 774075 Fax: 774296
Owners: Michael and Marie Riese Open: All year round
QUA YSIDE HOUSE***
Quayside House is a family-run guesthouse ideally located in a picturesque setting, overlooking Kinsale harbour. It is adjacent to
Kinsale town centre, yacht marina and close to all amenities. All bedrooms are en suite, with direct dial telephone, TV and
tea/coffee making facilities.
Rates Jun-Sep: Twin room f27.50
Rest of year: Twin room f20
Address: The Park, Kinsale, Co. Cork Tel: 772188 Fax: 772664
Owner: Mary Cotter Open: All year round
SCILL Y HOUSE INN ****
Located opposite the famous 'Spaniard' bar, Scilly House Inn has views accross gardens, Kinsale harbour and Charles Fort. The
house, with 7 en suite rooms, a library, wine bar and grand piano, exudes comfort, warmth, romance and luxury.
Rates Jun-Sep: Twin room from f40
Rest of year: Twin room from f40
Address: Scilly, Kinsale, Co. Cork Tel: 772413 Fax: 774629
OWners: Karen Young and Bill Skelly Open: 5 April to 31 October
TIERNEY'S GUEST HOUSE **
Conveniently located in the heart of award-winning Kinsale, Tierney's is a professionally run guesthouse offering warm
hospitality and a home from home atmosphere, There is a TV lounge for guests' use with telephone and fax services. The
guesthouse has 10 en suite rooms.
Rates Jun-Sep: Twin room f17.50
Rest of year: Twin room f17.50
Address: Main Street, Kinsale, Co. Cork Tel: 772205 Fax: 774363
Owner: Maureen Tierney Open: All year round
THE WHITE HOUSE***
This professionally-run guesthouse is very well known and located in the centre of
Kinsale. All rooms are en suite with telephone, TV, tea/coffee facilities and hairdryer.
There is a Good Food Circle restaurant and bar.
Rates Jun-Sep: Twin room f30-f45
Rest of year: Twin room f25-f30
Address: Pearse Street, Kinsale, Co. Cork Tel: 772125 Fax: 772125
Owners: Michael and Rose Frawley Open: All year round
THE HILL HOUSE****
The Hill House is a luxurious guesthouse overlooking Kinsale harbour, and situated opposite the well.known 'Spaniard' bar. Two
types of rooms are available: type A offer separate shower/Jacuzzi and private conservatory; type 8 are en suite bedrooms. All
have spectacular views.
Rates Jun-Sep: Twin room f55 (type A), f35 (type B)
Rest of year: Twin room f55 (type A), f35 (type B)
Address: Scilly, Kinsale, Co. Cork Tel: 773222 Fax: 773222
~~
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TOWN COUNCIL
MINUTES
, '! /
------p- ~( ;} )
DRA~T
CALL TO ORDER
Mayor Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at
7:40 P.M., Wednesday, July 3, 1996, in the Town Council Chambers, 1101 Tiburon Blvd.,
Tiburon, CA.
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Hennessy, Ginalski, Thayer, Thompson, Wolf
EX-OFFICIO:
Town Manager Kleinert, Town Attorney Danforth,
Planning Director Anderson, Chief of Police Herley,
Finance Director Stranzl, Town Engineer
Mohamrnadi, Minute Clerk McVeigh
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
None,
Mayor Wolf announced the Council will move directly to item S.D. due to those in attendance to
address the matter.
G. PUBLIC HEARING
S.D, CONTRACT SERVICES STUDY - COUNTY SHERIFF'S DEPARTMENT (Consider
cost and time requiremenls for consultant' s analysis).
Town Manager Kleinert reported the Council at its June 19, 1996 meeting requested a cost and
time estimate for a proposed study to consolidate police services with the County of Marin. He
noted recent news articles and flyers have led to misleading information being circulated about
what the Council and Town is trying to accomplish. He has received about forty letters
supportive of the Police Department and a few that would like to see the study done. The
Council is taking a look at police services due to the budget deficit. He stated when there is a
deficit it is prudent for the Town to look at all options, i,e. reduce services, or increase revenues.
He then reviewed the State "take aways" from local governments during the past 4-5 years. He
noted public safety is one of the backbones of community services, and that nothing would be
done that would reduce the level of services the community currently enjoys. The Council
recognizes that local control and maintaining identity is important, but this study would provide
important information, as the police department has suggested a municipal tax for public safety.
Manager Kleinert reported he has received estimales ranging from $7,500 - $15,000 to perform
the study, which would take three months to complete, Since receiving these estimates there has
TOWN COUNCIL MINUTES #1092
July 3,1996
I
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been talk about establishing a special "blue ribbon" committee of three individuals to conduct the
study at no cost to the Town. These three people would consist of: retired Sausalito Police Chief
Bill Fraass, Belvedere resident Ken Johnson, and a retired member of the Marin County Sheriffs
Department. The Committee would explore certain options with the understanding that the
current level of services would be maintained. In response to Councilmember Thompson,
Kleinert stated these individuals have stated they would be willing to undertake such a study.
Councilmember Thayer noted this study is not about doing away with the Police Department, it is
about closing the budget gap. The Town is experiencing an ongoing budget deficit, and out of the
$3.3 million operating budget this year approximately 66% is wages and benefits, ofthis 52% is
attributable to the Police Department. The Town employs 35 people and 49% are police, He
noted the Police Department drives a substantial portion of the Town's annual budget, therefore it
makes sense to look there first for savings, He stated the deficit in recent years has been paid for
by a surplus in retirement funds, but this surplus will be used up in the coming fiscal year. In
order to address this operating deficit, the Mayor is proposing ways to close the gap. If any
material change came about regarding how the Town operates, these changes would come about
after complete community input. He noted no changes would come about this or next fiscal year.
Councilmember Thompson reported the Council is investigating options to close the budget gap
and everything needs to be on the table for discussion. He noted the Council recently renewed the
Southern Marin Dispatch contract for two additional years, so no changes could possibly happen
for two years. He stated his dismay with the Independent Journal for reporting inaccurate
information.
Councilmember Hennessy stated she is not interested in any sort of study. She did nole the Town
does have an operating deficit, but also noted the Town has a high reserve balance to fund the
current deficit.
Councilmember Ginalski noted no one on the Council believes the Tiburon Police Department is a
line item that can be eradicated, but the Council wants to work with the public to balance the
budget.
Mayor Wolf stated that when she brought this matter up she wanted to see what options were
available. Her desire would be to have the same police officers hired by the County and working
out of a new public safety building in Town. She noted she has talked with enough people to find
out that this scenario is possible. She has never advocated firing the Police Officers and replacing
them with remote Deputies patrolling Tiburon,
Mayor Wolf opened the public hearing.
Paul Grothe, 2 Hacienda Drive and employed by Marin Land Company, stated one thing that sells
real estate in Town is the exceptional Public Safety program. He noted people he has spoken
with are willing to form a special district to maintain the level of police services. He expressed
concern that the Council would be willing to jeopardize the Town's public safety.
TOWN COUNCIL MINUTES #1092
July 3, 1996
2
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Patricia Morgan, 2 Palmer Court, noted this proposal came out ofleft field, She feels the Tiburon
Police are professional, compassionate, and responsive. She noted Counties are cutting back and
if the Town has a contract with the County, it does not mean it is set in stone. She urged the
Council to abandon this project.
Skip Berg, 2 Berke Court, noted he has been a resident for twenty-two years and feels if the
Town contracts with the County, the Council is forgetting that the Sheriff officers will have a
divided loyalty, and the Town's currently enjoys a very loyal police force.
Kerri Hartschell, 218 Ned's Way, reported she is new to the community and believes Tiburon
enjoys a low crime rate because of the current police force, She truly believes the Tiburon police
care about the residents' health, safety, and welfare. She noted there is no price on peace of
mind.
Dale Evans, 700 Hawthorne, questioned the reported $200,000 savings if the Town goes with the
Sheriff's Department. He noted there are other areas to look for a $35,000 savings. Mayor Wolf
noted the $35,000 deficit does not include cost-of-living salary increases and some revenues from
the State that are doubtful the Town will receive,
George Martinez, stated he spoke with former Mayors Bran Fanning and Bill Bremer. They
indicated the Town contracted with the County for police services in 1964. The County gave
notice of cancellation in 1972 because the County wanted to reduce its budget by the amount it
was costing to serve Tiburon. He does not feel the Town should loose this police force and
Chief. If you contract with the County, the Town will have a second string police force. It is not
appropriate to study something that should not be considered.
AI Burnham, 42 Meadowhill, stated police services are essential, that he pays taxes in this Town
and expects police protection. He noted it is the Council's job to balance the budget, but
contracting with the County is not acceptable,
Flemming Andresen, 37 Venado, stated he chose to live in Tiburon because of safety and security,
he is worried about the morale in the Police Department at this time.
Albert Harris, 68 Marinero Circle, commended the Council for trying to balance the budget.
Alexander Anolik, Roundhill Road, feels there is no way the Sheriff's Department can protect the
Town like our own Department. He is worried about the Town becoming a mark for criminals.
He noted he feels safe sleeping with the doors and windows open at night. He is worried about
morale in the Tiburon Police Department.
Barbara Haygooni, 32 Marinero Circle, read a letter of support for the Police Department signed
by several residents.
Bill Rand, 12 Tara View, apologized for not realizing the Town was having fiscal difficulties. He
TOWN COUNCIL MINUTES #1092
July 3, 1996
3
urged the Council to look in other areas of the budget for cost savings.
Fred Hannahs, 440 Ridge Road, thanked the Council for looking at the fiscal problems the Town
is facing. He noted the Town has been under funded since Proposition 13. He suggested going
after the State to restore funding since their financial picture is improving. He also questioned
how the Town could go about raising taxes. Mayor Wolf responded it would take a majority vote
of the citizenry to raise taxes.
Roy Benvenutti, 408 Hilary Drive, stated he is not interested in having the Sheriff s Department
as a substitute in Tiburon. He feels if the County really wants the Town, then the County should
do the study.
Madeline Ballard, 2255 Vistazo East, stated her priority is funding for police, fire and roads. She
noted the Town has a reputation that you do not violate the laws because of the Police presence.
Jacqueline Garrett, Rockhill Drive, expressed concern that the Town is considering funding this
study when there is a deficit. She noted there is a lot a talent in this community and recommended
pulling this talent together to try to resolve the deficit.
Jim McVeigh, President, Tiburon Police Association, thanked everyone who is supporting the
Department through these trying times, He reported the Association has not solicited any help
from the citizens, The Police Department knows they can serve the community better than
anyone else, and they will continue in the future.
Moe Shafagi, 705 Hawthorne Drive, feels the Police Department is part of his family and will not
permit anyone to separate this family.
Ray Bolton, expressed concern with how this matter came about and reported one of the
Department's Officers will be handing in her resignation to work for the County. She will be
starting at second step in their salary range and will actually be getting paid more than she is now
with Tiburon. He noted the Town's Officers do a wonderful job despite low pay,
Jerry Horne, Marin Wine & Spirits, suggested the merchants do fund raisers to cover the budget
deficit.
Frank Rox, urged the Council not to go ahead with this study due to the opposition of the people
who elected them to office.
Dian Ashley, President, Chamber of Commerce, expressed concern with the Sheriffs Department
taking over police services. She noted Belvedere citizens are also concerned as Tiburon
Boulevard is the corridor to Belvedere and would not receive the excellent patrolling it receives
now. She read a letter signed by the Chamber Board, which wholeheartedly supports the Tiburon
Police Department and ChiefHerley.
TOWN COUNCIL MINUTES #1092
July 3, 1996
4
Dick Hinkle, noted that if the Town went with the Sherrifs Department and eliminated two
administrative and one patrol position, the Town would save approximately $225,000, which
would not be enough for the Street Program, He feels the $1.4 million for the no-tax Town Hall
could have been transferred and used to repair the roads. He feels there should be no changes to
those services that are essential to the Town. He feels perhaps the Town needs to go back to the
voters for additional money to repair the Town's roadways,
Todd Warren, spoke in favor of keeping the Tiburon Police Department and feels the low crime
rate in Town is due to the Department's reputation.
Alice Strauss, 1910 Mar West, thanked Officer Mourgos for his help with her teenage son. She
spoke in favor of keeping the Police Department in tact.
Anthony MacIntosh, 23 Venado, spoke of an emergency situation that required the Tiburon
Police Department's response. He noted officers were at his home in less than five minutes and
does not feel he could get the same response from the Sherrifs Department. He does not want
the proposed study to go forward.
Frank Shaw, 570 Virginia, stated he did not feel this item was properly noticed, and felt proper
noticing would bring out a lot more residents in favor of the Police.
Ben Taylor, 1465 Vistazo West, noted that if the Town is suffering a deficit, the Town Manager
should request each Department Head to propose reductions in their budgets instead oflooking at
one specific department.
Sally Higgins, 25 Venado, stated residents have not over-reacted to the newspapers, the residents
are here because they do not want the proposed study done.
Brian Sullivan, 116 Sugarloaf, noted people are very passionate about this subject and feel the
Council is beating a dead horse,
Steve Sears, owner of Sam's Anchor Cafe, stated he is at this meeting to support the Tiburon
Police Department. He feels they are doing as fine job in downtown Tiburon and could not
imagine any other arrangement.
Travis Higgins, stated he personally knows many of the Tiburon Officers, and he is appalled to
hear the Council is willing to undertake such a study.
Ken Nernzer, 664 Hilary Drive, spoke in support of the Tiburon Police Department.
There being no further comments, Mayor Wolf closed the public hearing,
Councilmember Thayer noted it is apparent that the public does not want anything done with the
Police Department, but he also noted there are budget problems that are not going to go away.
TOWN COUNCIL MINUTES #1092
July 3, 1996
5
He reported the Town receives seven cents for each property tax dollar citizens pay. To raise
money the Council will have to go to the citizens and asked for a tax increase, but said he also
keeps hearing, "no more taxes". The no-cost committee will not increase the current deficit, once
they collect all the data the information can be used in submitting a special municipal services tax
proposal to the citizenry.
Councilmember Thompson stated he is not in favor of spending money on this study, but does
support the no cost committee. The funding gap issue needs to be addressed and all options must
be considered. He noted it is unfortunate that a lot of misinformation being circulated, but it is
good that the Town is more aware of the budget crisis.
Councilmember Ginalski noted the Council is serious about maintaining and even possibly
improving the quality of life in Tiburon. The Council is working with increasing expenses and
decreasing revenues, He feels there will be some consolidation within small Towns in the next 15
years. He suggested the Council consider a committee that would look into all the Departments,
and then putting an advisory measure on the ballot for a Public Services Tax to find out what
kind of support there is for such a tax.
Councilmember Hennessy stated she is not interested in a study or the results. She wants to keep
local control. She reviewed the Town's current reserves and noted there are other ways to come
up with the $100,000 to cover the shortfall. She urged her colleagues to abandon the idea of the
proposed study.
Mayor Wolf noted people should not be afraid of information; people have to know what the
options are; she does not feel a tax measure can be put on the ballot without making informed
choices. She noted some of the flyers that went up were misleading and inflammatory, and she
urged the person(s) who are responsible put their name on the flyer.
MOTION:
That Council direct the Town Manager to open negotiations with the no charge,
Bill Frass, Ken Johnson, committee to discuss with them the structure of a review
in order to maintain the current level of services we now enjoy; to maintain our
existing police employees; and to do that with the idea of how to balance the
budget or narrow the shortfall that we see going on annually, and I would include
in that a study or report of the possibility of a public service special tax; what
would be involved; what the cost would be; what the experience has been with
Fairfax and any other Communities, and have the Town Manager report back
either at the next meeting or the following meeting as to the time this volunteer
committee believes it would take to do that.
Moved:
Thayer
Motion died due to the lack of a second.
TOWN COUNCIL MINUTES #1092
July 3, 1996
6
MOTION:
Direct the Town Manager to explore with the volunteer committee the scope of
work and time it would take to study the question of how to keep our police force
intact; how to maintain the current level of services in the context of closing the
budget gap as it relates to police services; and included in this study would be
looking at a special district tax like the one in Fairfax,
Moved:
Thayer, seconded by Thompson
Councilmember Ginalski questioned if there was any room in the motion to have the whole
budget on the table for discussion as opposed to a specific group,
Mayor Wolf noted a budget committee that the Council wants to form for the more non-technical
areas could take on looking at the other departments. Councilmember Thompson noted the
Council is not just looking at the police department, there will be a special committee to look at
the other departments.
Vote:
AYES:
NOES:
Thayer, Thompson, Wolf
Hennessy, Ginalski
Mayor Wolf called for a ten minute recess,
H. UNFINISHED BUSINESS
10, "GREEN CAN' YARD WASTE PROGRAM - Discussion ofMVRS Rate Structure.
Finance Director Stranzl reported this item is for Council's review of the rate structure charged to
commercial accounts for the Green Can program. The primary concern of the business
community is that they are being charged a fee for a program that they cannot take advantage of
He noted that if Council reduced the commercial rate of6.4% to 5.4% it would increase
residential customers' rates by 60 cents annually,
Mayor Wolf queslioned what the burden on the merchants is now, and what would a reduction to
3.4% mean? Stranzl noted that 25% of the cost of the program is charged to the commercial
accounts,
Rick Powell, MVRS, reported the Council has the authority to change the funding distribution
any way it wishes. He noted the average commercial account increased $25/mo. He reported the
Green Can program has resulted in exceeding the tonnage collected through the three yard waste
only collections. He reviewed three scenarios for the Council's consideration resulting in an
increase to residential customers by 60 cents to $1.90 annually.
Polly Smith, 10 Barner Lane, reported lhe Tiburon Peninsula Recycling Committee does not feel
the rate structure should be changed, AB 939 is a requirement of each community and residential
and commercial accounts benefit if the Town meets it goals. If the Town does not meet its goals,
fines will be charged and perhaps commercial account will pay more based on volume.
TOWN COUNCIL MINUTES #1092
July 3, 1996
7
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Steve Sears, Sam's Anchor Cafe, reported his annual garbage bill is $40,000. He noted he
employs people to recycle his garbage by hand. He reported Sam's does not have any yard waste,
and feels he is being unfairly taxed when it comes to the Green Can program.
Town Manager Kleinert reported he has received letters from Tutto Mare, Sweden House and
Rooney's indicating they want to participate in the cost of the program, but not to the extent they
are currently,
Council concurred that commercial customers are being unfairly charged for a service they cannot
use. Mayor Wolf noted commercial costs for the Green Can program range from $1 - $300 per
month. She felt perhaps the 6.4% rate should be charged to commercial accounts with a
maximum cap. Councilmember Hennessy felt the increase to residential accounts is insignificant if
the commercial rate is reduced to 3,4%.
MOTION:
Moved:
Vote:
To reduce the commercial rate to 3.4% effective October 1, 1996.
Hennessy, Seconded by Thompson
AYES: Hennessy, Thayer, Thompson, Wolf
NOES: Ginalski
F. CONSENT CALENDAR
Councilmember Ginalski requested Item 5 be removed from the Consent Calendar,
MOTION:
Moved:
Vote:
To approve the consent calendar, as amended, consisting of:
2. TOWN COUNCIL MINUTES -June 5, 1996 and June 19, 1996
(Approval)
3, TOWN MONTHLY INVESTMENT SUMMARY - May 31, 1996
(Receive)
4. NINTH ANNUAL CHAMBER OF COMMERCE CHILI FESTIVAL-
Saturday, September 7, 1996 (Approval)
6. AMICUS CURIAE REQUEST - City of Angoura Hills, Berkeley & San
Jose
7. APPLICATION FOR RECEIPT OF FEMA FUNDING - WINTER 95/95
STORM (Resolution)
Hennessy, Seconded by Thompson
AYES: Unanimous
5. RESOLUTION GRANTING APPEAL RE: CERTIFICATE OF COMPLIANCE -
"Derryberry" Property, Landmarks Society - Owner (Adoption)
Fran Mayberry, Vistazo West, reported she sent the Council a letter on June 21, 1996 requesting
reconsideration of the decision on the Derryberry property based on: I) when the property was
TOWN COUNCIL MINUTES #1092
July 3, 1996
8
turned over to the Landmarks Society it did not appear the lot was developable; it was given to be
used as open space, and 2) there has never been a survey by the Town as to the square footage of
the lot. She noted the R-2 zone is very specific as to square footage and slope.
Attorney Danforth noted that reconsideration of the Council's action is not agendized for this
evening. The matter could be agendized for reconsideration at a later date,
Councilmember Hennessy noted when the Council made the decision on this property, the
Council was not deciding if the property was a buildable lot. Engineer Mohamrnadi noted the
Council only voted that the lot was a legally created lot. Mayor Wolf noted the Council approved
the lot as a legal lot, not a developable lot.
MOTION:
Moved:
Vote:
To adopt the Resolution Granting Appeal.
Thompson, Seconded by Hennessy
AYES: Hennessy, Thayer, Thompson, Wolf
NOES: Ginalski
C. PUBLIC OUESTIONS AND COMMENTS
John Kern, 166 Stewart Drive, requested Council consider traffic relief at the intersection of
Stewart Drive and Tiburon Blvd.
Engineer Mohamrnadi noted CALffRANS' position is that they are willing to maintain and
assume any liability on any improvements, but they are unwilling to pay for the improvements, He
noted there are grants available and he would like to apply for a grant to perform a traffic study
on the intersection. He noted possible improvements would be a traffic signal or a left-hand
acceleration lane.
Planning Director Anderson noted the Town will need to amend the General Plan to improve the
intersection.
8.E. PROPOSED TOWN FY 1996-98 BUDGET PROGRAM - FORMA nON OF
BUDGET OVERSIGHT COMMITTEE
Mayor Wolf requested the ARK and II report the Town is looking for people with experience in
finance and operations, budgets, and management reporting.
9. REPEAUADOPT NEW CHAPTER 19 OF TOWN MUNICIPAL CODE-
ENCROACHMENT PERMITS (Ordinance, 1st Reading)
MOTION:
Moved:
Vote:
To waive staff report.
Hennessy, Seconded by Thompson
AYES: Unanimous
TOWN COUNCIL MINUTES #1092
July 3, 1996
9
Mayor Wolf opened the public hearing. There being no response, Mayor Wolf closed the public
hearing.
MOTION:
Moved:
Vote:
To read by title only,
Hennessy, Seconded by Ginalski
AYES: Unanimous
Mayor Wolf read "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TffiURON REPEALING CHAPTER 19 AND ADDING A NEW CHAPTER 19 OF THE
TffiURON MUNICIPAL CODE WITH RESPECT TO ENCROACHMENTS"
MOTION:
Moved:
Vote:
To pass first reading,
Hennessy, Seconded by Thompson
AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf
8.A. PROPOSED 1996-98 BUDGET PROGRAM - Overview of Current and proposed
Capital Improvements
Finance Director Stranzl provided a brief overview of the 1996-98 Capital Improvements
Program. Town Engineer Moharnmadi indicated that the street improvements proposed for the
two year program were selected on the basis on condition and usage, Mayor Wolf urged Staff
to coordinate with the County concerning street work performed on Greenwood Beach Road and
Mar East. Town Manger Kleinert indicated that grant funding would be required to fund
Elephant Rock renovations, The Council and Manager discussed the pending Harroman open
space acquisition and the timing of the special election concerning full funding of the purchase.
K. ADJOURNMENT
There being no further business of the Town Council of the Town ofTiburon, Mayor Wolf
adjourned the meeting at 11 :35 P.M., sine die.
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1092
July 3,1996
10
Tj-t{~ # G (b
DRArY
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Wolf called the regular meeting of the Tiburon Town Council to order at 7:35 P.M.,
Wednesday, July 17, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California,
A. ROLL CALL
PRESENT: COUNCILMEMBERS:
Ginalski, Hennessy, Thayer, Wolf, Thompson (7:45
p.m.)
EX OFFICIO:
Town Manager Kleinert, Planning Director
Anderson, Finance Director Stranzl, Public Works
Superintendent Iacopi, Chief of Police Herley, Sgt.
Aiello, Town Engineer Mohammadi, Town Clerk
Crane
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any).
Mayor Wolf that no action had been taken yet [closed session scheduled after meeting].
Co PUBLIC OUESTIONS AND COMMENTS
Mayor Wolf asked Town Manager Kleinert to bring the public up to date on the status of the
Police Services Study. Kleinert said there was "nothing threatening" about the study and that a
meeting had taken place between himself, Councilmembers Thayer and Thompson, ChiefHerley
and [Tiburon Police Association President] Corporal Jim McVeigh to discuss the situation, After
the meeting, a press release had been issued which Town Manager Kleinert read into the record:
"At its July 3 regular meeting, the Tiburon Town Council authorized a study of possible
cost-cutting options for the Tiburon Police Department by utilizing a special, "blue-
ribbon" committee composed of a former Belvedere elected official, a retired Command
Officer with the Sheriff s Department, and a retired City Police Chief from Southern
Marin.
To avoid any ambiguity or misunderstanding of the Town Council's action, a subsequent
meeting of Town Council representatives, the Chief of Police, the Tiburon Police Officer's
Association President, and the Town Manager was held on July 9 to address the matter.
The session was very positive and several issues were either clarified or resolved,
The Town's budgetary process continues to consider possible new operating methods or
procedures which either maintain or possibly improve the Town's delivery of services in
an era of declining revenues and operating deficits. The proposed study and other such
studies are part of this process,
TOWN COUNCIL MINUTES #1093
July 17, 1996
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The Police Department recognizes and understands the Council's fiscal responsibilities,
goals and objectives. The Department has always demonstrated its support and
willingness to participate in studies to maintain or enhance the level of public safety now
provided to the residents of Tiburon.
The Police Department employees have been assured that their positions would not be in
jeopardy from such studies and they are secure in understanding that the Tiburon Police
Department will not be disbanded now or in the future,
The Town Council's intention has never been to reduce the level of police services or
adversely affect the public safety of the Tiburon community. Tiburon's incorporation in
1964 was based primarily upon two major motivating factors: I) Land Use Planning, and
2) Public Safety. The Town Council and Staff recognize both of these community
motivations and will continue to make these two items top priority for Tiburon today and
in the future.
July 11, 1996"
Town Manager Kleinert said the scope of the study was "very simple" and read into the record:
"
TOWN OF TffiURON
POLICE SERVICES STUDY - SCOPE OF STUDY
OBJECTIVE:
To prepare a range of options for the delivery of police services to
the Town of Tiburon for consideration by the Tiburon Town
Council.
FOCUS OF STUDY:
An organizational structure based upon the optimum police service
level which provides for local control, the same programs,
personnel and equipment.
COMMENT:
The Committee can also consider other possible options which
would either maintain or improve upon Tiburon's current level of
police services in an era of declining revenues. The Committee
should evaluate and assess what is possible, both functionally and
politically.
July 17,1996"
Mayor Wolf opened the public hearing.
TOWN COUNCIL MINUTES #1093
July 17, 1996
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Don Batten, 29 Mercury Avenue, said the unsung heroes who performed during floods and
storms, 24-hours a day, all year round, and one the finest operations he had ever known was the
Tiburon Public Works Department.
Ryan Swift, representing the "Don't Mess With the Law Committee," urged the Council to put
the issue of the police study on the agenda and vote to "kill the idea," He said the situation had
gotten out of hand and was a community crisis. He said the press release didn't diffuse the issue
and that the committee supported "nothing less than what we have and even augmenting what we
have." Swift said it was unfair to single out the Police Department in the budget process and
stated that Council was being insensitive to the wishes of the community in continuing to pursue
the study.
Councilmember Ginalski said he would move to place the item on the agenda.
Mayor Wolf said the item did not qualify as an emergency and therefore could not be on the
agenda.
Councilmember Hennessy seconded Ginalski's molion.
Mayor Wolf said she was doubtful if the motion would pass.
Council member Thompson said the item should be noticed property and that there still appeared
to be a misunderstanding about the study.
Town Manager Kleinert said that only a Councilmembers who voted to go forward with the study
could put the item on the agenda for reconsideration.
Neil Silver, 217 Ned's Way, said he supported keeping the Tiburon police force because it was
"important to have people we know and trust."
Mayor Wolf said it has "never been our intention to have strangers running through the Town."
Charlie Higgins, residing "off of Lyford Drive," commended the Council for its actions to explore
ways to balance the budget, but said the study was doing harm to the community in inciting
people to polarize, He said even if the intent was not to remove the force, it had created a
controversy that would not be quelled,
Marilyn Nemser, 664 Hilary Drive, asked Council not to "bring in outsiders" to solve the budget
problem and said it was an insult to the Police Chief and Town Manager. She said even if the
[blue ribbon] committee did not cost anything, it did not "make it right."
Fran Mayberry, Vistazo West, said the blue ribbon committee should look at more than police
servIces.
TOWN COUNCIL MINUTES #1093
July 17, 1996
3
Mayor Wolf said there would be another committee,
Mayberry also asked a question about the floating platform foundation of the new Town Hall.
Town Engineer Mohamrnadi responded that the decision to use a floating platform was thought to
be the best seismic safety,
Shirley Tartak, 5 Corinthian Court, asked if the Sheriff's Department was still being considered as
an alternative, and cited an article in the Marin Independent Journal which said it was.
Mayor Wolf said she took no responsibility for what was stated in the Independent Journal.
AI Burnham, 42 Meadowhill, said he was confused by the stated scope of the study, and
questioned whether Marin County Sheriffs would be employed to do police work in Tiburon.
Mayor Wolf said she "didn't want to get into details," but that there might be some sort of
cooperative agreement with the Sheriff's Department for certain services.
Mr. Burnham said her response did not "sound like a straight answer."
Skip Berg, 2 Berke Court, resident for 24 years, said the question was whether the study could
result in the Sheriff's Department providing police services for the Town of Tiburon. He said if
the answer was yes, the Council was being short-sighted, and that there were downsides of both a
practical and human nature: 1) Tiburon police officers would not "wait around to get canned,"
and 2) the study was not very thoughtful or kind to the Police.
Berg said the Sheriff's Department would not have the same integrity and concern for the
community that the local police have.
Mayor Wolf said the proposed study would take into account utilizing the same personnel,
equipment, etc., and said she could not answer any questions beyond that.
Councilmember Thayer said any substantive changes in police services would have to go to the
voters, Thayer stated he had served on committees which had looked into consolidating the fire
districts, and other services. He said the current study might consider consolidation of a Southern
Marin police force, but stressed that "we must balance the budget" because more money was
going out than coming in.
Ellen Rony, 21 Juno Road, said Council was attacking something important to the community,
namely "our security." She said Council had not looked at both sides of the budget, and
suggested reducing all budget line items by 'h or I percent.
Another speaker, 27 Venado Drive, asked when government was going to learn to live by the
same rules as business, and said there had to be other ways to cut the budget.
TOWN COUNCIL MINUTES #1093
July 17, 1996
4
Councilmember Thompson said he had served on the Council since 1992 and there had been
budget cuts all along. He said it had "not been fun" to cut the budget because three staff members
were let go and there had been a reduction in programs. Thompson said the purpose of doing a
police services study was to find out how to protect or enhance the Town's police program, but
that it had backfired unintentionally, He said Council had "no intention to lose our beloved police
force. "
AI Burnham said, ')ust say you won't contract with the Sheriff"
Councilmember Thompson said, "let's talk it out."
Council discussed when the item might be reagendized for further discussion. No decision was
reached.
D. APPOINTMENTS TO BOARDS. COMMI1TEE S & COMMISSIONS
I) Downtown Task Force, Mayor Wolf said she and Vice Mayor Thayer, and the Mayor and
Vice Mayor of Belvedere, had settled on six candidates for the Downtown Task Force: Jim Berg,
George Gnoss and Glen Isaacson from Belvedere, and Ian Pearson, Terry Koenig and Tom Gram
from Tiburon, She said she hoped the other applicants would act as resources to the committee.
MOTION:
Moved:
Vote:
To Appoint the Downtown Task Force as stated above.
Thayer, Seconded by Hennessy
Unanimous
Mayor Wolf said she had received letters from commissioners seeking reappointment.
MOTION:
To reappoint Margo Zender-Wiviott to Parks & Open Space Commission, and
Victoria Arnett to Heritage & Arts.
Hennessy, Seconded by Thayer
Unanimous
Moved:
Vote:
Mayor Wolf said the question of whether to reduce the number of commissioners on Parks &
Open Space Commission could be agendized at a future time, but said that Margo should be
recognized for the work she had done on the Commission, especially on playgrounds.
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
2) Downtown Main Street ADA Progress Report, Richard Skaff, ADA consultant for the Town
ofTiburon, reported that he, Town Engineer Mohammadi and Main Street Properties' architect
Arnie Lerner had been working with the Main Street property owners to find a solution for them
and the community for ADA access.
Town Engineer Mohammadi presented a drawing which showed how Main Street would have
looked if the Town had granted permits to install ramps and rails on individual properties. The
drawing showed the effect of "walling" offlhe sidewalk from the street.
TOWN COUNCIL MINUTES #1093
July 17, 1996
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Mohammadi presented other alternatives which showed options to 1) widen the sidewalks to 8
feet from 5 feet, keep two-way traffic with narrower lanes, and install ramps but not rails; 2)
widen the sidewalks to 8 feet, create a one-way street with drop-off and loading zones on the
South side of Main Street, and narrow the entrance to Main Street to 16 feet. Both options
would eliminate on-street parking.
Skaff said the architect's goal was to create accessibility while preserving the unique design and
historical aspects of Main Street.
Councilmember Thayer said the committee seemed to be zeroing in on something manageable but
asked how the property owners felt about the proposals.
Dennis Perkins, employed by Main Street Properties, said none of the proposals were received
with enthusiasm, He said there were no cost estimates yet for the work.
Consultant Skaff proposed having a community workshop to include the property owners and
other interested parties in order to build a consensus on how to proceed.
Mayor Wolf opened the public hearing.
Steve Stein, 127 Red Hill Circle, said he hoped the Downtown Task Force would work on this
problem since it concerned the revitalization of downtown. Mayor Wolf said she hoped Mr. Stein
would be involved since he had some very good ideas about how to bring pedestrians in to
downtown.
Architect Lerner said one of the unique features of Main Street was its unique architecture and
the casual, back and forth movement of people across the street.
Dennis Perkins said time was ticking with the lawsuit.
Nat Marans, Spanish Trail, said making Main Street one-way was an impossible configuration and
had been looked into before.
Richard Skaff said the committee had no preference and wanted to move forward to serve the
community. Town Engineer Mohammadi said the one-way design would solve a lot of issues.
Karen Nygren, Paseo Mirasol, asked who was paying for the design fees. Skaff said Main Street
Properties had paid for the architectural designs presented at the meeling, He clarified that he and
the Town Engineer were working together to save time and money for the Town and to head off
more permit applications that the Town would reject,
Council member Thayer said that since Skiaff, Mohammadi & Lerner had started working
together, "the army oflawyers and litigants have disappeared" and commended them for their
efforts,
TOWN COUNCIL MINUTES #1093
July 17, 1996
6
Nygren said the residents of Corinthian Island, as well as the Police and Fire Departments, had
rejected previous one-way proposals for Main Street.
Councilmember Ginalski asked if the proposals would make the street the same level with the
sidewalk, Architect Lerner answered negatively, and said there would be a surface drainage
system with a curb.
Councilmember Thompson said he would prefer to keep Main Street two-way.
Councilmember Thayer said he lhought option #2 was the most politically feasible.
Councilmember Hennessy said she preferred the one-way option for safety reasons.
Councilmember Ginalski favored the idea of a workshop and asked the committee to consider the
impact oflosing downtown parking spaces,
Mayor Wolf said she would favor keeping parking and perhaps have a loading-only zone in the
morrnng.
Town Manager Kleinert asked if the committee thought its work would result in the property
owners getting an extension of time at the scheduled [ADA lawsuit] settlement conference on
August 16.
Richard Skaff answered affirmatively. Skaff said he would work with Town Manager Kleinert to
set up a workshop.
3) MCCMC Fireflow Subcommittee. Councilmember Thayer reviewed the results of the County
Fireflow survey with Council and discussed various issues raised by individual municipalities
concerning their portion of the funding and benefits to be derived. Thayer said the Water District
would decide at its meeting the following night whether to move forward with an advisory ballot
measure that would assess property owners $75 per year for 15 years to make the upgrades.
Town Manager Kleinert said the Water District had asked individual municipalities to endorse the
measure. Council agreed to agendize the matter and hear from MMWD representatives at a later
meeting.
F. CONSENT CALENDAR
4) Amicus Curiae Requests,
5) Request for Extension for Payment - Corinthian Island Stairs Repairs,
6) Joint Town CounciI/Planning Commission Minutes - June 12 & June 18, 1996.
Councilmember Thompson asked to remove Item #5, and questioned why applicants were being
granted an extension. Councilmember Hennessy asked to add Item #9, Harroman Property _
Request for Updated Appraisal,
TOWN COUNCIL MINUTES #1093
July 17, 1996
7
MOTION:
Moved:
Vote:
To adopt Items 4,6 and 9 on Consent Calendar,
Hennessy, Seconded by Ginalski
AYES: Unanimous
G. PUBLIC HEARING
7) Proposed Town FY 1996-98 Budget Program - Final review and adoption. Mayor Wolf said
ChiefHerley should provide detail on the allocation of additional public safety monies passed by
the State Legislature in the recent [State] budget adoption.
Finance Director Stranzl said the depreciation schedules would be revised to include a new truck
for Public Works. He said Community Development was reclassifying two positions and
eliminating the contract planner position which would result in a savings of $28,000 per year,
Stranzl also noted the Flood Plain Improvement Fund contained $115,000,
Councilmember Ginalski questioned whether this [flood plain] money should be in the budget
since a claim had been made against the funds by David Irmer.
Councilmember Thayer asked if the purchase of three police vehicles could be deferred, or if the
cars could be used a little longer before turning them in, Finance Director Stranzl said the cost of
the units had gone up from $16,000 to $25,000 and that they were replaced every 60,000 miles.
He also said the Town regularly replaced two police vehicles per budget year.
Councilmember Thayer asked if Sgt. Aiello's proposed promotion to Lieutenant would increase
the budget by $8,200. Mayor Wolf said the promotion was already accounted for in the
preliminary budget. Sgt, Aiello said the $2,000 per year he currently earns in administrative
overtime would become part of his regular duties as lieutenant. ChiefHerley explained that the
promotion would allow Aiello to take advantage of management training courses he would not be
eligible for as sergeant.
In response to a question from Councilmember Thompson, ChiefHerley said no new sergeant
position was going to be created.
Councilmember Hennessy asked Town Manager Kleinert to distribute a list of Marin cities
showing the amount of reserves held by each city. She then recommended that the Town reduce
its unallocated employee leave reserve from 100 to 50% to cover the budget deficit.
Town Manager Kleinert said the Town had a deficit but it was not serious. He said the current
deficit was being covered by the PERS [Public Employee Retirement System] surplus, but there
was a problem in considering the use of one-lime reserves for a budget deficit.
Councilmember Thayer said that structurally the Town had a deficit and it was Council's job to
work on how to cover this deficit going forward,
TOWN COUNCIL MINUTES #1093
July 17, 1996
8
Mayor Wolf opened the public hearing.
Ellen Rony, Juno Road, said she resented Town Manager Kleinert's statement that the voters did
not want to repair the streets [by voting against the streets tax ballot measure], and said the
Town Council had chosen to build a new Town Hall instead of repair the streets.
Councilmember Thompson and Mayor Wolf commented that previous Councils had set aside
funds for a new Town Hall and that it did not matter whether it was to be built at Ned's Way or
downtown, it would have cost the same,
Ms. Rony asked the Town Engineer to consider shifting some of the streets in priority ranking.
Mayor Wolf commented on the use of Flood Plain Improvement Funds. She said the Parks &
Open Space Commission had just started public hearings on the Flood Plain plan, and that the
Town had to wait until there were plans in place for construction of the new Town Hall in order
to know how to use the funds.
Karen Nygren, Paseo Mirasol, commended Sgt. Aiello and said that Town should recognize what
he gives to the community.
Mayor Wolf closed the public hearing.
Councilmember Ginalski said that appropriating money with a legal claim against it was not good
budget policy.
Councilmember Thayer said it was prudent to consider Councilmember Ginalski's point, but that
Council would adopt the budget as a spending plan and not necessarily spend the [flood plain]
monies until it was clear what the disposition of the claim would be,
Councilmember Thompson said he was happy with the budget, but that it was not likely the State
would give money back to the cities in the future. He said Council should look "far down the
road" and have good reserves for projects like street repair.
Mayor Wolf thanked Planning Director Anderson for finding savings in the budget, but pointed
out that the Community Development Department revenue is based on fees, not property tax.
She agreed with Councilmember Thompson that Council should plan ahead, and said the current
budget not only showed a $60,000 deficit, it also did not include any salary and benefit
adjustments. She said even a cost of living increase would exceed the PERS surplus. Wolf said
she thought the preliminary budget was misleading,
Councilemember Hennessy moved to adopt the FY 1996-98 Budget Program with the condition
of transferring $100,000 into the General Fund [from employee unallocated leave reserves].
TOWN COUNCIL MINUTES #1093
July 17, 1996
9
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Councilmember Thayer said he was interested in Hennessy's suggestion,
Councilmember Hennessy amended her motion.
MOTION:
To adopt the FY 1996-98 Preliminary Budget with the understanding the Council
would discuss funds transfers at the conclusion of salary negotiations.
Moved:
Vote:
Hennessy, Seconded by Thayer.
AYES: Hennessy, Ginalski, Thompson, Thayer
NOES: Wolf
I. COMMUNICATIONS
12) Old Landing Road Sewer Assessment District, Town Manager Kleinert asked Council to
appoint two Councilmembers to meet with him and interested Paradise Drive/Old Landing Road
neighbors to discuss LAFCO's dual annexation policy and how it affected the proposed sewer
district, Councilmember Thayer volunteered, August 13 and 15 were discussed as possible dates.
H. UNFINISHED BUSINESS
13) Ned's Way Housing Project - Final Council Direction. Councilmember Thayer said Planning
Director Anderson had correctly analyzed the results of the SHAC (Senior Housing Advisory
Committee) workshop, but questioned the conclusion that the EAR projects might not "pencil
out." Anderson suggested inviting EAR representatives to a Council meeting to discuss the
matter further.
Mayor Wolf asked what SHAC was doing now. Larry Smith, SHAC Chair, said the Committee
had not formally met since June 18, and said they considered the idea of an "assisted living"
project to have been put on hold as a result of the meeting, He said they were now thinking of
ways to sell 25 units on the 1,6 acre parcel, but said they were also thinking of disposing of the
two acres [of open space] and would pursue it with Council's blessing.
Councilmember Thayer said Councilmember Hennessy had made an eloquent statement about not
selling that space and advised Smith not to pursue it.
Chair Smith said the driving force behind the interest was a possible buy-down of the Harroman
property through the sale of the two acres.
Mayor Wolf said she was willing to let that issue be decided by the voters.
Councilmember Hennessy said she would not support a Town-sponsored ballot measure for that
purpose and that it should come from the Last Chance [Open Space]Committee.
Councilmember Thayer said the original charge ofSHAC was to study the 1.6 acres and that
SHAC had gratuitously taken on the two acres,
TOWN COUNCIL MINUTES # I 093
July 17, 1996
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Smith responded that SHAC was a group of people who wanted to "do right by the Town," and
that the 25 unit development plan was "right on the edge" of being feasible.
CounciJmember Hennessy said there was high enough density already at Ned's Way and that the
building of the new Police Facility should not be delayed,
Councilmember Thompson said he believed in the [open space] "swapping concept," but agreed
with CounciJmember Hennessy's suggestion.
Smith said the Last Chance Committee would probably come back to Council with a proposal.
Councilmember Ginalski asked to see the Request for Proposal before it was circulated to
potential developers, and said that EAR and Housing Chair Hinkel should be invited to speak if
they were interested.
During public hearing, Karen Nygren said she was glad for the clarification, but noted that the
voters had been told the police building construction would start in June, 1996, She said she was
"for open space" and that [the sale or development of] the two acres might derail other Last
Chance Committee issues,
G. PUBLIC HEARING
8) Repeal/Adopt new Chapter 19 of Town Municipal Code - Encroachment Permits (2nd Reading
and Adoption). There was no staff report except to reiterate that first reading had taken place.
There was no comment during public hearing.
MOTION:
Moved:
Vote:
To read by title only.
Thompson, Seconded by Thayer
AYES: Unanimous
Mayor Wolf read, "An Ordinance of the Town Council of the Town of Tiburon Repealing
Chapter 19 and Adding a New Chapter 19 of the Tiburon Municipal Code with Respect to
Encroachments. "
MOTION:
Moved:
Vote:
To adopt above ordinance.
Hennessy, Seconded by Thompson
AYES: Hennessy, Ginalski, Thayer, Thompson, Wolf
I. COMMUNICATIONS
11) League of California Cities Annual Conference - October 13-15, 1996. Councilmember
Hennessy agreed to attend and be the Town's voting delegate.
J. STAFF & TOWN MANAGER REPORTS
13) Martha Company Project - Tour ofKeil Cove Property. Council agreed to tour the property
with members of the Planning Commission and the public on Tuesday, July 23 at 5:30 p.m.
TOWN COUNCIL MINUTES # I 093
July 17, 1996
II
14) Flood Plain Improvements Workshop. Council suggested holding the workshop at the next
Parks & Open Space Commission meeting on August 13.
F. CONSENT CALENDAR
5. Request for Extension for Payment of Corinthian Island Stairs Repair. Councilmember
Thompson reiterated his query about why the two property owners were being given more time,
After a brief discussion, Councilmember Thayer moved to adopt the Town Manager's
recommendation to grant an extension, seconded by Ginalski. Motion passed.
K. ADJOURNMENT
Mayor Wolf adjourned the meeting to Closed Session at 11:00 p.m.
There being no action taken in closed session, Mayor Wolf adjourned the regular meeting of the
Town Council of the Town ofTiburon at 11 :40 p.m., to the July 23 tour ofKeil Cove Property.
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1093
July 17, 1996
12
TIBURON TOWN COUNCIL STAFF REPORT
To:
From:
Subject:
TOWN COUNCIL Meeting:
FINANCE DIRECTOR Item No:
MONTHLY INVESTMENT SUMMARY STATEMENT
AS OF JUNE 30, 1996
AUGUST 7,1996
1!1
I. TOWN OF TIBURON
Institution! Agency
Amount
Interest Rate
Maturity
State of California $7,731,901 5.548% Liquid
Local Agency Investment
Fund
T ota! Invested: $7,731,901
2. TIBURON REDEVELOPMENT AGENCY
Institution! Agency
Amount
Interest Rate
Maturity
State of California $1,210,199 5.548% Liquid
Local Agency Investment
Fund
I Total Invested:
$1,210,199 I
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 generally distributes data reports in the
third week following the month ended.
· Acknowledgment: This sununary report accurately reflects all pooled investments of the Town of
Tiburon and the Tiburon Redevelopment Agency, and is in confonnity with State laws and the
Investment Policy adopted by the Town Council. The investment program herein sununarized
provides sufficient cash flow liquidity to meet next month's estimated expenditures.
BY:
~~
Richard StranzI, inance Direct~
July 29, 1996
7/f,~ it 1
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TmURON
PROCLAIMING SEPTEMBER 16 - 22, 1996 AS
POLLUTION PREVENTION WEEK
WHEREAS, the Town Council of the Town of Tiburon supports a clean and safe
environment for its residents; and
WHEREAS, pollution prevention is an approach to environmental protection that
focuses on prevention, and is therefore a preferable strategy for protecting our
environment; and
WHEREAS, pollution prevention can increase industrial efficiency and save
businesses money; and
WHEREAS, pollution prevention offers both environmental protection and
increased economic competitiveness; and
WHEREAS, by focusing attention on pollution prevention, the Town of Tiburon
will meet the challenges of the 90's for economic competitiveness, environmental protection
and environmental regulation; and
WHEREAS, Pollution Prevention Week is an opportunity for government, industry
and environmental organizations to recognize the potential of pollution prevention and to
work together to plan for a prosperous and sustainable future.
THEREFORE, be it resolved that September 16-22, 1996, is Pollution Prevention
Week and the Town Council of the Town of Tiburon does hereby urge all community
members and businesses of the Town of Tiburon to participate in local and regional
celebratory and educational activities.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
August 7, 1996, by the following vote:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
NOES:
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
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LOCAL GOVERNMENT COMMISSION
UI~ K St. . SUItt;' ~.o;tl. ,""lU.lml'rH<.l, c-\ 4:;xl~ . 4]"'.4-li"l-] 14f\
Supl'",i-.orluliI'Fulkr...w," June 21,1996
t'h.lIrro'r..'n
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Coun(ilmrmb... lud~ Abdo
("I\.,.I~'OI,IM"n,...'
Councilml!'mb.. N"I..lil!' S"vlon
Cllv"'{).lkl.lI'd
~byo. Rosem..ry Corbin
Cll~ '" RKhm.'od
ClHlndlm..mb.... RUlh C..I..nl,".
<""'1)"'1 L", Anl!;L'it."S
~hyo. 'ohn Hl!'ilm,,"
Cil~' "I Wl,,>l Hollvwolld
Suprrviso.B..rb..... Kondylis
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Supl!'rviso. ulIA'nu L ulIA'nt
C,'unlv "I SolI' Lu,s Ot>I~po
~byo.Joh" lonsvill..
Cilv"tRJJlto
M..ya. Mi..... M(Ginnis
Cilv",Ch,co
Councilrnl!'mbl!'. Thomu P_ Pico, Ir.
Cil~"frk"""nl,,n
Counrilml!'mbl!'. Bob Pinzl..
L',l> (0' R~....;""dt, B'-',lCh
Coundlmrmbl!'.Osu. A. RiM
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E~ffvtivrDil'fflor
Ivdlth A Corbett
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TOV'~IN OF I,-,uril;.'
Dear City Clerk:
Pollution prevention is the most favorable approach that cities can
pursue to protect both the economy and the environment. Pollution
Prevention Week 1996, September 16.22 is an opportunity to educate
busmesses and communities on the benefits of pollution prevention.
The enclosed flyers are designed to inform local elected officials about
Pollution Prevention Week and give them an opportunity to participate
in this growing event. Please distribute the enclosed flyers to the ~.
members of your City Council and ask them to adopt the proclamation on
the third page.
We have already mailed these materials to relevant local departments,
including fire, public works, and environmental health, and we al'ticipate
their participation.
Please contact me at (916) 448-1198 with any questions regarding Pollution
Prevention Week or the materials enclosed. I look forward to your
community's participation!
Sincerely,
1Jyzd~
Brad Norton
Project Coordinator
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"v -~_9~ ~~e'i~:-:ft~d ioceIebrate the .
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,,~~~ef1ts:o!polI~~lon' prev,ention
_~d t~&~.ijgru'z~ i~ ability t~
../enha:nce enVironmental protection.
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:ari"dthio- G.lifoima.economyby hpsting
:.'.i,t. ~~";''-:''':'..'->'':'io:''---'' . ~. ~.'," '_ ;_" " . __ .-_ _ _. '
: " ,:)~rolI'.'ticinPrevention'N'eekactivity.
Duri~g 'PolI":lti.onJ~~_ev~rit:!on Week, you can make
.-the busi~ess.es. an~- ine!f1~er~ of your community
. aware of opportt0it~es, they have to prevent pollu-
.tion an:d yo-~ ~~ ~rov~d~ them with the resources
-' and information they need to carry out pollution
. "-, :'''' ".J . "-'. -','
'preve~ti~l1!:. ,.~:?~:-\_:~~~:-.".
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:Polluti~-~ -Prev'~ntiOll Week is ~ t!me when businesses,
, :- governm~~t,~en~ifonmental groups and others can
jo~n forces fOT...a ~~~~on causc:.,
. ." '~:'.Sh~ring- i;jor~ation ~about poli~tion prevention
." helps companies a!1d go~ernment agencies to
. become more efficient, reduce costs and enhance
.the quality of our..~~virOnrI?-e~~.. . _
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..:: .:.;:.:--,~'::~~:::,:' "" -,~ ,; ~:.':: - -. ~ ... - '. .
:~!~/~FA!'JVorklng 1'ogether.
".~,}"?-:,~-~:,:::,~'::,,>~Y;:'.'"'~;\:">-:- ~,::'_:--, ',_. ,:.: '. " . _.
. ~~:;{?D~ring las~ year's. -rollutiof.l ~revention Week,
.'.::;':;:- ~ver 209 local gov~rnment agencies and other
"~. .'-. .-. , .
.;~-~ ": ~rgan'izations hosted pollutio~ prevention activities,
/.':~:~?; -:.:~:.: . :~:':~. .,;. ~~~i!'f~~~ ~~";t3 <.'~~' f1
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: ' . "ii!f,kr. ~{f\~',l qJ. ".'d~ 4
. . w.;ste WateP7rcatmerit Plant OJ'crators .'
iC'~ -3. '~[).'j '." 't':n[i:'lt:Jjo~':f bj:jt.7:,i rv;irlt,is:~ln'':~']
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'_Once 'a8ain~~ it--iS~ti~.e jo; 8~ve:~m~~t. ~9;~~ies:'.'-j,u~~~~;'~:."~":::
. .' groups and communi'! oraanizations to work together to:,' .
promote a rery important shared Boal - pol/utian pre,'ention.. ~ '_,
As )'ou know" POllutio_n Prevention Heek is enjOJ'ina aron-inB
sf.!ccess as n~itnessed by. 200-local 80vernment agencies ihat_
hosted a I'arIet)' of exciting e"ents and activities in 1995. ..'
During POllution Preyention Week. i 996. September 16-2~n~' "
we hop.e to more ,ac~ively im'o/ve communifJ' and busines~
. groups ,m coC?rdinatina, events such as env;ronmencalworkshops
jOr busmesses, techn%8)' ,expOSitions. public education 1Jorts
and othcr activuies whIch promote pol/ucion prc,'cncion.
~hrou8h Pol~ution Prevention fleek, lYe hope to heighccn pollu-
tIOn pre,'entIon awareness as a means to achiere economic
competitiveness and environmental protection.
He i:vite your organization to join us in a celebration of the
~enifits that POllution p~e"enti_on b~in8s to. California.
JVe ~h.ank )'ou for your interest and ~oo~ forward to your
partIczpation, .
Si~cerely, "
-:J~.A S:~
~.
Jame~ ,U. Strock
Sccretary for Enl'lronmcntaJ PrOlIXt,;n
C<JlifOrnia EnVIronmental
Protection Agl:nq
. Felicia ,J/arcus
Regional AJmml>tr<ltor.
U.S. EnnronmentaJ
Protection A.gcncy
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List of Resources
:1 .... For fact sheets, videos and publications: California
"'~-.~;:', '.~.~tegrat~~Wast~.~a~agement Board, '8"(916) ~55.E\rFo..
......,., ..
ti.~0(i_ :-~~~.-: -,- Fox .ptibiications 'a:nd video 'J'ists: Department of
"?~1;;'};~ ..:~'.;;.:<!Oxic,Subst~ces Control, T~chnology Clearinghouse,
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'Yi:';,' ....<.~(916) 322.3670.
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. For documents and ~anuals; U.S. EPA, Pollution
Prev.cntion Library. Karen Sundheim, 1!'(415) 744- t 508.
~.'. "~~::-
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.. For information on assessments for manufacturers with
SIC codes 20-39: Industrial Assessment Center, in
Northern CA, "ll'(415) 338.7736, and in Southern CA,
,"ll'(619) 594.7143.
.. For information on
other activities or for
proclamations, posters,
logos, and promotional
items: Leif Christiansen
of the Local Government
Commission at 'D'(9t6)
. 448.1198.
--_._---_._._-~--~_._---,.._-_..,._--------.-
Some Suggested Activities
+ Sign a formal proclamation to recognize Pollution
Prevention Week (see sample on Jacins pase).
-+: .Distribute industry-specific prevention fact sheets.
., + ':I~st a technic.al assistance workshop for businesses.
. .+ Organize a "dean shop" tour. .
+ -" !:Iost a brown bag lunch or breakfast seminar.
. + . -~ponsor a hous~hold hazardous waste collection
':.:~.event with pollution prevention information.
'"t" Provide on-site prevention audits or technical assistance.
.:.~ Meet with regional pollution prevention peers to
''':'~'''f_:~~rn'or~ and.s~are resources. , . " .
'.; +.' Te!1 other business.es.about ~our_pre\.en~on aCti~tiej. :.,:-~,.-
.+ '.- Conduct in-house trainmg on pollution pre~'ention. ': '-.
+ Help teachers with pollution prevention curricula.
. Coordinate a joint event with Coastal Cle.1n.up Day.
Call "ll'(800) COASHU.
. + Conduct a letter-writing campaign.
+ . Promote pollution prevention to consumers by
. encouraging waste prevention shopping. composting,
_.' carpooling, water conservation and other activities.
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~onect,inf~matlCro to c!fftnbu~e at aCU\11:les.
, . x.. O:.d~~~~~e ~~tenals.
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..~dli'l~Lana o/'tam'~ers. .
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Begin dl.s.?bu~~}'~r~~?~fnal ~.a:e~l.als.
Meet wIth groups t.q:'announce actlVltlCS.
'. Schedl,.lJe ,:dme. 4 a me'"eling of your
govern~ng bo~y t~ si~n'a p\.oclamation.
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Ex.pand Promotion and Resolve Details
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~ . Prep~~e' participant materials.
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- _'. . Org~~e ~itram voh~teers.
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. Present pro.clarnatio~ 1 to a 2'O\'CTn!ng body.
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POLLUTION PREYENTlONWEEK 16th - 22ml
:I 'J,
Evaluate success of a~i\-itics.
Follow up with press and acknowledge spc.lkcrs.
.We Support Pollution Prevention Wee!(:
We're excited to be inyol\-cd with Pollution Pren>ntion \Vcck. \\'e \\'ill host a:
o workshop 0 seminar 0 cducatiOll.l1 ('vent
o . proclamation 0 tour D storm drain stenciling
o tra~n.ing 0 other
'0 We would like f~ee posters: (indicate quanril..FJ
';'.0 We w~uld like radio PS.'\"s (55).
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LOCAL GOVERNMENT COMMISSION
u .1414 K Sl, Snite 250
. "Sacramento, CA 95814.
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Time Line Inside
Plan for Prevention!
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Show Your S'upport
Just fill out the return postcard 0
the left and mail it toda)"! Let l
know what )"ou can do for Pollutio
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We Can Help You
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can assist you in planning you
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We will provide )"ou with guidance m
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including inf~rmation on'h?w"t~~ge
media coverage of yo"ur. P911utio:
Prevention Week activities. informatiol
on where to obtain supporting inat~~i
, al,. and information on Activity oj th
Week Awards. Please keep us, in
formed of your activities, so we can als(
put you in. touch with other organiza
tions in your region.
Pollution Prevention Week
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RICHARDS. WATSON & GERSHON
ArlOnNEYS AT LAW
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TO/,,1\] f'.i/\i"J,:\GErl'~; Ur'j':ICE:
TOvVr< CiF1'c~t?J~9+~os
(1916-1968)
GLENN R WATSON
ROSERT G. EleVERL Y
HARRY L. GERSHON
DOUGLAS W AI=lGUE
101"''''><; L. I...AMt<;EN
ARNOLD SIMON
ERWIN E AOL.ER
OAROLD D. PIEPER
ALLEN E AENNETT
STEVEN 1..-. CORSEY
WilLIAM L S1'RAUSZ
AN1 HONY B DREWRY
MITCHELL E. A660TT
TIMOTHY L. NEUFELD
GI=lEGORY W. STEPANICICH
ROCHELLE BFKlWNE
DONALD STERN
MICHAEL .JE;NI(INS
WILLIAM e. RUDELL
QUINN M. BARROW
CAROL W L VNCH
JEFFRI:Y ARAB''''
GREGORY M. KUNERT
THOMAS M .lIMBO
MICHELE BEA" BAGNERIS
"'MANDA F. SUSSKIND
ROBERT C CECCON
SAYRE WEAVEP:
ST~VEN H KAUFMANN
GARY E. GANS
.JOHN.J HARR'S
KEVIN G ENN'S
ROB'N D. HARF"",
MICHAEl- E:)TRADA
l...o'Ui=lENCE S WIENER
STEVEN R ORR
M'CHAEl- <:I COLANTUONO
C. EDWARD D'l-KES
PETER M. THORSON
DEBOI=lAH I=l HAKMAN
SCOTT K. $HINTANI
B. T!l-DEN KIM
RUBIN D WEINER
SASK'A T. ASAMURA
KAVSER 0 SUME
SAUl-.JAFFE
Ci=lA1G A. STEEl.-1::
T. PETER PIERce
BEN.JAMIN BARNOUW
TERENCE R. BOGA
DOUGLAS A CARl-EN
DANIEl- l.- PINES
1..1$1'1 M. BOND
WINNIE T$IEN
.JeNNIFER l.-. HART
DIANE ARKOW GROGS
ROXANNE M. OlAZ
July 15, 1996
l'HIRTY-EIC;>-iTt.; Fl.-COq
333 SOUTH HOPE STREET
LOS ANGELE:S, CALlFORN!A 90071-'':'€O9
(213) 626-6484
FACSIMILE (213) 628-00-'8
OF CO'JNSEl-
WILLIAM K KRAMER
0502041
OUR FILE NUMBER
99999-99999
Re: Kavanau v. Santa Monica Rent Control Board, California
Supreme Court Case No. S05184
To All California City Attorneys:
The Legal Advocacy Committee of League of California
cities has adopted a resolution urging cities to join in an
amicus brief in support of the Santa Monica Rent Control Board in
this case. I am writing to ask that your City join in the brief.
Although Kavanau involves a rent control board
decision, the issues raised are of far broader concern. They
are: (1) whether heightened scrutiny under Ehrlich v. Citv of
Culver Citv, 12 Cal.4th 854 (1996), applies to regulatory
decisions which do not involve dedications or fees; (2) whether
inverse condemnation (temporary taking) damages are available
when such a decision is set aside in a mandate action; and (3) if
such damages are available, what statute of limitations applies
to a second lawsuit for inverse damages when no inverse claim was
joined with the mandate action.
The questions concerning heightened scrutiny and damage
liability are also at issue in another case, Santa Monica Beach.
Ltd. v. Superior Court, 42 Cal.App.4th 128, modified and reh'g
den. 43 Cal.App.4th 1579a (1996), which is also before the
California Supreme Court at this time. However, the review
granted in Santa Monica Beach has been put on hold. Thus, the
issues are likely to be resolved in Kavanau.
The unpublished court of appeal opinion in Kavanau held
that heightened scrutiny is not required and that an erroneous
rent control decision is not a temporary taking. The court of
appeal opinion in Santa Monica Beach reached the opposite
conclusion. Kavanau's petition for review and opening brief on
the merits rely heavily on the dissent in Kavanau, which strongly
RICHARDS, WATSON & GERSHON
July 15, 1996
Page 2
criticizes the majority decision and is similar to the court of
appeal decision in Santa Monica Beach.
Kavanau arises from the same dispute addressed in a
prior reported case of the same name, Kavanau v. Santa Monica
Rent Control Board, 19 Cal.App.4th 730 (1993) ["Kavanau I"]. In
Kavanau I, the court of appeal found that a regulation imposing a
12% cap on the increases that can be charged by a landlord in a
single year was facially valid, but was invalid as applied to
Kavanau because the Board had found that he was entitled to a
larger increase under its net operating income formula. No
inverse condemnation or damages claim was joined with the mandate
petition in Kavanau I. The Supreme Court denied review in
Kavanau I; the Board granted Kavanau the larger rent increase
required by Kavanau I; and Kavanau filed the action that is the
subject of this letter ("Kavanau 11"), claiming entitlement to
damages for the temporary taking which he alleges occurred
between the time the Board applied the 12% cap and the time the
Board granted the larger increase on remand.v
If the Court were to accept Kavanau's arguments and the
reasoning in Santa Monica Beach, every as applied land use
decision could be subject to heightened scrutiny and Cities would
have to pay inverse condemnation damages every time a mistake was
made. The amicus brief will argue that it is not appropriate to
extend the heightened scrutiny of Ehrlich to regulatory decisions
which do not involve dedication requirements or in lieu fees and
that inverse condemnation is not an appropriate remedy in
situations involving the regulation of rates, . business and land
use decisions which do not require a transfer of title or the
payment of fees in lieu of transferring title.
It will also argue no taking occurs in circumstances
like those in Kavanau I and Kavanau II, or when a mistake is made
in applying a regulation which does not require dedication or in
lieu fees, and that making every mistaken regulatory decision a
ground for inverse condemnation damages would have an
unacceptably chilling effect on necessary local regulation of
land use and business. No matter how careful cities are they will
make mistakes in this area because the law is often unclear and
changes often. There is no way for a City to anticipate the
changes and clarifications in the law that arise from jUdicial
decisions.
~/ There is a footnote in Santa Monica Beach which refers to
Kavanau I and states that Kavanau I is an example of a case where
damages for inverse condemnation as a result of a regulatory
decision should be available.
RICHARDS, WATSON & GERSHON
July 15, 1996
Page 3
I hope that your City will consider joining in the
amicus brief. There will be no cost to your city in doing so.
If your city does wish to join in the brief, please
fill out the tear off at the bottom of this letter and return it
to me no later than August 19, 1996. I will be filing the amicus
brief on August 23, 1996.
Please do not hesitate to call me if you would like any
further information concerning Kavanau II or the amicus brief.
ver~~~
Rochelle Browne
RB:jlw
0502041
----------------------------------------------------------------
To: Rochelle Browne, Richards, Watson & Gershon, 333 So. Hope
Street, 38th Floor, Los Angeles, California 90071
The City of
curiae brief to be filed
Control Board in the case
Control Board, California
wishes to join in the amicus
in support of the Santa Monica Rent
entitled Kavanau v. Santa Monica Rent
Supreme Court Case No. S05184.
Dated:
1996
City Attorney
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LAW OFFICES
ROBERT H. FREILICH, P.C. 1.2,3
MARTIN L. LEITNER, P.c. 2
RICHARD G. CARLISLE. P.C. 2;
BENJAMIN KAUFMAN'
DEBORAH ..J. FOX I
MARGARET MOORE SOHAG! I
STEPHEN J. MOORE, P.C. Z
TERRY D_ MORGAN, PC. 2.5.6
S. MARK WHITE 27
ELIZABETH A. GARVIN 2.4
DAWN R. ANDREWS I
DAVID G. RICHARDSON 4,5
DAVID W. SUSHEK i!
FREILICH. KAUFMAN. Fox I;i SOHAGI
THE WILSHIRE LANDMARK. SUITE 1230
11755 WILSHIRE BOULEVARD
Los ANGELES. CALIFORNIA 90025-1518
IN MISSOURI
FRe:lLICl-1, LEITNER & C....RLISLE:
1000 PLAZA WEST. 4600 MADISON
KANSAS CITY. MISSOURI 6....112-3012
TELEPHONE (B16l S61_,4
A PARTNe:R$H'" INCL....OING PRO~I!;SS'ON....1. COl''''''OF'lAT'ONS
IN TEXAS
FACSIMILE
(3IQ) 477-7663
SUITE: 700. 5001 LBJ FREEWAY
DALLAS. TEXAS 7S2404-Eil31
TELEPHONE
(310) 444-7805
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Rf;CYCI..EO PAPER
TERRY P. KAUF"MANN MACIAS I
OF COUNS~L
ADMITTED IN CA' MO" NY" KS" TX~ ORe NC'
July 9. 1996
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TO'NN OF TIt3URON
City Attorney
Re: Request For Amicus Support - Tily B. v. City of Newport
Beach
Dear Colleague:
The League of California Cities has requested that its member cities
join in the amicus brief being authored by our office in support of the City of
Newport Beach in an important case involving the regulation of adult businesses.
This case will resolve the question of whether Penal Code ~ 318.5, which grants
cities the authority to ban public nudity, is constitutional.
Newport Beach is appealing an adverse judgment in an attempt to
clarify the status of the Morris v. Municipal Court (1982) 32 Ca1.3d 553 decision
in the wake of United States Supreme Court's decision in Barnes. The Orange
County Superior Court held that the Morris Court based its opinion, outlawing the
crime of public nudity, upon the California Constitution rather than the United
States Constitution. This is critical because nine years after Morris, the United
States Supreme Court upheld a similar, though not identical, statute in Barnes v.
Glen Theatre. Inc. (1991) 501 U.S. 560, III S.Ct. 2456, 115 L.Ed.2d 504.
As amicus, we will argue that the trial court has completely misread
Morris - the Court did not rest its decision on the State Constitution:
"Although we upheld local ordinances similar to the one
at issue here in Crownover v. Musick (1973) 9 Cal.3d
405 [107 Cal.Rptr. 681, 509 P.2d 497], later decisions
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City Attorney
July 9, 1996
Page 2
of the United States Supreme Court compel us to hold
that Crownover went too far in pennitting the exclusion
of all nude entertainment, some of which enjoys First
Amendment protection." (Morris, 32 Ca1.3d at p. 556,
emphasis added.)
Only Justice Newman's concurring opinion relies upon the California
Constitution, and in fact disputes the four (4) Justice majority by stating that: "I
concur, though I would cite not the federal First Amendment but solely the
California Constitution. . . ." (Morris, 32 Ca1.3d at p. 569.)
A return to the law under Crownover would give cities a powerful
tool in the regulation of sexually explicit entertainment. Your support in this
amicus brief would be much appreciated. Please contact Anne Munsell on or
before August 1, 1996 to confirm your city's joining in this amicus brief. Your
city will not be charged in any way should it choose to support this effort.
Very truly yours,
l..-JuCv ~ '0 CJr.;:
IDENJAMIN KAUFMAN
of FREILICH, KAUFMAN, FOX & SOHAGI
cc. JoAnne Speers, General Counsel,
League of California Cities
Deborah J. Fox, Esq.
Jeffrey A. Goldfarb, Rutan & Tucker
Jeffrey B. Hare, Assistant City Attorney, City of Sunnyvale
bk\nb-amicus.1rr\ 70501.0 19
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LAW OFFICES
of
CHARLES J. WILLIAMS
Q Professional Corporation
Charles J. Williams
Teresa L. Highsmith.
Muir Parkway
1320 Arnold Drive, Suite 160
Martinez, CA 94553
July 22, 1996
Telephone: (510) 228-3840
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Re: Suter. et aI. v City of l.afayette
TO\",fN MANAUER'S Or:r:JCE
TOWN OFT:rUHON
Dear City Attorney:
We ask that you join in the amicus brief which the League of California Cities Legal Advocacy
Committee has commissioned Terence Boga of Richards, Watson and Gershon, to author, in
support of the City of Lafayette's successful defense of its "Firearm Sales" ordinance.
The Issue: The main issue is whether state legislation preempts a local agency's ability to
regulate the sale of firearms within its jurisdiction.
Under Government Code section 53071, local government is preempted from regulating the
registration or licensing of firearms. However, the state has not preempted the entire field of
firearms regulation.
Under Penal Code ~ 12071 a local agency is expressly authorized to regulate or restrict
firearms.sales. Penal Code section 12071 repeatedly contemplates the existence of local
regulation of firearms sales as supplemental to the regulations imposed by the state. (penal
Code ~~ 12071(a)(I), (6)(C), and (d)).
In California three levels of regulation are required for a person to legally sell firearms: 1) a
Federal firearms license, renewable every one to three years, 2) a seller's permit issued by the
state Board of Equalization and a certificate of eligibility from the state Department of Juslice,
renewable annually, and 3) any reitu]atory or business license required hy local government,
renewable annually.
A sub-issue of the preemption question is how far may a local government go in regulating
firearm sales under PelUll Code section 120711 The plaintiffs in the SlIter lawsuit contend that
even if a city or county may adopt a local license requirement, the license may not impose any
requirements which are in excess of the security requirements imposed by the state on cities
over 50,000 in population under Penal Code section 12071, and in particular, 12071 (b)(14),
(15). Conditions of approval imposed by the City and which are at issue in the SlIter case,
such as trigger lock requirements, liability insurance, and external building security
requirements, are security measures which exceed the minimum standards set by the state.
Sil:nificance: This is a case of first impression. There is no case law interpreting Penal Code
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section 12071, and in particular, the extent to which local government may regulate a firearm
sales business within its jurisdiction. This case is of major significance to cities in general
because many cities in the state have adopted or are considering adopting similar local
licensing legislation. If the City of Lafayette's ordinance is struck down, all similar legislation
could also be effected.
Local government autonomy is the common interest of all cities in preserving the favorable
trial court decision on the facial challenge to this ordinance. If the trial court decision is
overturned by the Court of Appeal on the basis of preemption, even cities which have no
interest in adopting legislation of this nature will be negatively affected because:
1) Penal Code section 12701 requires that a person may not sell firearms in the
state of California without a local license or a written statement from their
jurisdiction that there are no local license or regulatory requirements; and
2) for cities under 50,000 in population, state legislation currently provides no
security requirements whatsoever on firearms sales businesses (see Penal Code
section 12071 (b)(14, 15). If a city does not adopt its own legislation, there are
no federal or state standards which may be imposed to secure the storage of
firearms inventory.
The Amicuf Curiae Brief: Regulation of firearm sales in the state of California is a
misunderstood area of the law. The amicus curiae brief will emphasize the need to preserve
the three levels of regulation within the state which work together to enforce the safe and legal
sale of firearms and promote public safety.
Local regulation gives "teeth" to the state licensing scheme by tightening enforcement on
illegally operating firearms dealers. If a possessor of a federal firearms license does llQ1
comply with local zoning and license regulations, the federal firearms license is revoked.
Revocation of the federal firearms license removes the wholesale purchase of any quantity of
firearms through the mail without a waiting period. Similarly, the state certificate of
eligibility will be revoked (or not be renewed annually) if local zoning and licensing
regulations are not complied with.
To add your city's name to the list of cities supporting the amicus curiae brief, please sign and
return the final page of this letter to Terence Boga, by August 30, 1996. Please also feel free
to call Terence at (213) 626-8484 if you have any questions regarding the amicus curiae brief.
Very truly yours, _
~ /
~ _ . ',/_/' .ii' /
p/L?( Po/ii/diu(
Teresa L. Highsmith
TLH
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AUTHORIZATION FOR AMICUS CUR1AR LISTING
The undersigned authorizes the listing of as an amicus curiae in
support of the position taken by the City of Lafayette in the above referenced appeal. I
understand that our city will incur no financial liability for legal fees or costs in connection
with the amicus curiae brief which is being prepared free of charge.
City of
By
Title
PLEASE RETURN COMPLETED FORMS TO:
Terence Boga
Richards, Watson and Gershon
333 South Hope Street, 38th Floor
Los Angeles, CA 90071-1406
Tel: (213) 626-8484
Fax: (213) 626-0078
TOWN COUNCIL
ST AFF
REPORT
TO:
TOWN COUNCIL
MEETING DATE: 8/7/96
REPORT DATE: 8/1/96
ITEM NO.: I 0
FROM:
SCOTT ANDERSON, ~
PLANNING DIRECTOR
SUBJECT: REQUEST FOR ENCROACHMENT PERMIT TO RELOCATE EXISTING
GATE ONTO TOWN OF TIBURON PUBLIC ACCESS EASEMENT AT THE
END OF TAYLOR ROAD: Assessor Parcel 38-421-05; Mui Ho,
owner; Kathryn Cotton, applicant
BACKGROUND
The applicant desires to relocate an existing public access gate
onto a portion of a private lot over which the Town holds a 25
foot wide public access easement. Town policy dictates that
encroachment permits proposing the erection of structures on land
in which the Town holds a real property interest shall be
referred to the Town Council.
The public street Taylor Road ends at a cul-de-sac approaching
the summit of Ring Mountain, amid several residential lots
contained within the Ring Mountain SUbdivision-Taylor Road Phase.
Extending from the cul-de-sac is a Town-owned public access
easement which provides access across Lots 4 and 5 of the Taylor
Road Phase to the Ring Mountain Nature Preserve. The easement
was required by the Town as a condition of approval on the Ring
Mountain Subdivision. At present, there is no barrier to prevent
automobiles from using the access easement and parking (ie.,
trespassing) on undeveloped Lots 4 and 5.
The Marin County Open Space District, owner of the Ring Mountain
Nature Preserve, maintains a gate at the end of the Town's public
access easement which prevents automobiles from driving onto the
nature preserve itself, but allows pedestrian passage through a
"maze-style" opening (see Exhibit 1). The applicant is proposing
to relocate this gate to the beginning of the Town's public
access easement (just beyond the Taylor Road cul-de-sac) in order
to prevent uncontrolled vehicular access onto Lots 4 and 5.
Please refer to Exhibit 2.
The request to relocate the gate comes at the urging of Taylor
Road residents, who have long complained about unauthorized and
uncontrolled parking, noise, parties, and other disruptive
activities occurring on Lots 4 and 5.
TlBURON TOWN COUNCIL
STAFF REPORT
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Relocation of the gate is intended to be a temporary measure
until such time as homes on Lots 4 and 5 are constructed.
The application itself is attached as Exhibit 3.
ANALYSIS
staff identified several relevant issues. Below is a brief
discussion of each issue:
. Resolution of continuing neighborhood disruption by
uncontrolled vehicular access to Lots 4 and 5.
Discussion: Tiburon Police Sgt. Laura Judd indicated that
the uncontrolled access and loitering problem has resulted
in numerous calls to pOlice over the past several years, and
concluded that relocation of the gate would help resolve the
neighborhood disruption problems.
. Consent and approval of affected agencies and property
owners.
Discussion: Staff contacted affected agencies and homeowner
groups including the Marin County Open Space District,
Tiburon Fire District, Marin Municipal Water District, Town
Engineer, Public Works Director, Police Department, Ring
Mountain Taylor Road Phase Homeowners Association, and
Taylor Road Homeowners Association. Notices were also sent
to all property owners within 300 feet of the subject site.
All parties appear to be in favor of the project as
proposed, a rare instance in Tiburon. Some of the agencies
have applied certain standard conditions to their blessing
of the project. Comment letters are attached as Exhibits 4
- 12.
. Whether public access would be adversely affected in a
significant way.
The end of Taylor Road was never intended by the Nature
Conservancy nor Town of Tiburon to be a major entry point to
the Ring Mountain Nature Preserve. Legal public parking
(not involving trespass) has been purposely limited at the
end of Taylor Road through design of the subdivision and
street improvements. Relocation of the gate would not
reduce legal vehicular parking in the area, but would act to
reduce the availability of parking on private property and
on the public access easement. Staff does not believe that
it was the intent of the 25 foot access easement to act as a
parking lot on the underlying private lots, and concludes
that public access to Ring Mountain Nature Preserve would
TlBURON TOWN COUNCIL
STAFF REPORT
8/1/9'
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not suffer in any substantial way from relocation of the
gate.
. Whether relocation of the gate would cause other problems.
until all lots in the Taylor Road phase are constructed
upon, they are fair game for trespassing. It appears to
staff that relocation of the gate may simply shift the
problem to other undeveloped lots at the end of Taylor Road.
However, it would close off the closest and most convenient
area in which to trespass.
RECOMMENDATION
That the Town Council approve the encroachment permit in concept
and direct the Town Engineer to issue the permit subject to
appropriate conditions, including a revocation clause and
recordation in the County Recorder's Office.
EXHIBITS
1. Photo of existing gate.
2. Vicinity map.
3. Encroachment permit application.
4. Letter from Marin County Open Space District dated 7/19/96.
5. Letter from Marin Municipal Water District dated 7/8/96.
6. Letter from Taylor Road HOA dated 7/5/96.
7. Letter from William Ward dated 7/2/96.
8. Letter from Helen Ojha dated 7/5/96.
9. Comments from Town Engineer dated 7/11/96.
10. Comments from Tiburon Police Dept. Dated 7/2/96.
11. Comments from Tiburon Public Works dated 7/8/96.
12. Letter from Tiburon Fire Protection District dated 2/28/96.
\scott\taylorrd.enc
TlBURON TOWN COUNCIL
STAFF REPORT
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TOWN OF TIBURON
APPLICATION FOR ENCROACHMENT PERMIT
DATE June 17, 1996
PROPERTY OWNER NAME Mui Ho fIDt 4 1 and Jet Kinq Shinq Ho (lDt 5)
c/o Kathryn Cotton, Esq.
ADDRESS 3 Embarcadero center, Suite 1020
San Franclsco, CA ~41 I I
TELEPHONE NO. 415-392-1036 (please ask for Kathryn Cotton)
NAME OF CONTRACTOR
PERFORMING WORK
contract not yet let
BUSINESS LIe.#
CONTRACTOR LIe. #
ADDRESS
TELEPHONE NO.
The undersigned hereby applies for permission to excavate, construct and/or otherwise
encroach on Town of Tiburon Public Lands or rights-of-way, by performing the following
described work and as further designated on the attached plot plan.
LOCATION OF ENCROACHMENT (Street address or other appropriate description):
25-foot ublic and rivate easement burdenin lDts 4 and 5 in Taylor
Road Phase of Ring Mountain Subdivision, APN 38-421-04 (lDt an
APN 38-421-05 (lDt 5). Please see Attachment No. 1 for more detail.
In the spaces below, describe exactly what applicant wishcs to do (ie. trench digging, tree
removal, curb cut, etc.). Supply plot plan and elcvation and/or other details which will
specifically demonstrate location of encroachment, including measurements from property
lines.
Trench Digging:
Feet Long
Feet Wide
1
EXHIBIT:NGl.-S
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Purpose:
Curbs & Gutters:
Kind of Curb/Gutter
Curb Face Height (Inches)
Gutter Width (Feet)
Gutter Depth (Inches)
Sidewalks:
Kil!d
Sidewalk Width (Feet) Sidewalk Depth (Inches)
Driveways:
Kind
-Type of Finish Surface
Size of Culvert (Inches)
Tree or Planting Removal:
. _ r --L ~ . : I.
- Kind and number of tree or planting removal requested
. -, - I . ... _ ~
Please see Attachment No. 1 and Exhibits thereto.
Location in Right-of-Way (be specific)
Date \Vork to Start: unknown . (If not known, you must notify the
Dcpartment of Public Works at least 24 hours in advance of the start of work).
The applicant, his or her heirs and assigns, agrces to execute all work and othcr obligation and
otherwise be governed by such stipulations as may be designated by adoptcd regulations of the
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Town ofTiburon. Hthis application is approved, permittee agrees that work shall he limited
to that specifically mentioned above.
Permittee shall be responsible for all liability imposed by law for personal injury or property
damage which may arise or be occasioned in any way because of the issuance of this permit
or any work done thereunder, or which may arise out of failure of the permittee to perform
his obligations under said permit in respect to maintenance. If any claim of such liability is
made against the Town of Tiburon, of its officers or employees, permittee shall defend, protect,
indemnify, and hold them harmless from any and all liability, damage and loss from such
claim. Nothing herein is intended to impose on permittee any different or higher standard of
care than that required by law. Permittee further agrees to perform the work herein permitted
in accordance with all applicable Town specifications and ordinances.
~""- I ~ Jo
SIGNA TURE ()p" APPLI ANT
Mui Ho (Owner of Lot 4)
NAME OF APPLICANT (if not owner or contractor)
c/o Kathryn Cotton, Esq.
3 Embarcadero Center, #1020
San Francisco, CA 94111
ADDRESS OF APPLICANT
415-392-1036 (please ask for Kathryn Cotton)
PHONE NUMBER OF APPLICANT
Date Received by Town: & ~ Js -'1 (,
Permitfee: $50.00 I? <' Cc. ~ ~.... 81J I (0.0:0 ,'" Il~ .c~ )
Engineering fee (if necessary):
Building Permit No.
Receipt No. t1 J I
(D2)
3/93 Irorm.lcncpcrm'.JlP
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ATTACHMENT NO.1
APPLICATION FOR ENCROACHMENT PERMIT
LOTS 4 AND 5, TAYLOR ROAD PHASE, RING MOUNTAIN SUBDIVISION
1. Attached hereto are:
Exhibit A - Copy of one page Assessor's Map showing the configuration of
the lots in the Taylor Road Phase of the Ring Mountain Subdivision.
Exhibit B - A copy of the 3-page Subdivision Map for the Taylor Road
Phase of the Ring Mountain Subdivision.
Exhibit C - Photograph of existing gate controlling vehicular access to
MCOSD open space.
Exhibit D - Photograph showing entrance to existing paved driveway leading
up to existing gate controlling vehicular access to MCOSD open space.
2. Applicant is the owner of Lot 4 shown on these two maps and makes this
application for an encroachment permit on her own behalf and on behalf of the owner of
Lot 5.
3. Both Lot 4 and Lot 5 are presently undeveloped.
4. A 25-foot strip along the southern boundary of Lots 4 and 5 is burdened
with several easements: a 25-foot private access and utility easement to Lot 4; a 25-foot
access and water line easement to MMWD; and a 25-foot public access easement. All of
these rights run over the same 25-foot strip of land, which is highlighted in yellow on the
Assessors Map (Exhibit A) and the Subdivision Map (Page 3, Exhibit B). The public
access rights over the easement area were dedicated to and accepted by the Town of
Tiburon at the time the Subdivision Map was approved (see Page 1 of Exhibit B for the
dedication).
5. At the time the subdivision surface improvements were installed by the
Ring Mountain developer, a portion of the 25-foot easement area was paved and a gate
was installed at the western terminus of the easement area in the location indicated on
the Assessors Map (Exhibit A) and the Subdivision Map (Exhibit B). At that time, the
open space surrounding Lots 4 and 5 to the South and West was owned by the Nature
Conservancy. The Nature Conservancy subsequently conveyed the open space to the
Marin County Open Space District. The existing gate at the western terminus of the
easement controls access to the open space and to a paved fire road which continues up
Ring Mountain to a MMWD water tank. Members of the public have been using the
paved driveway to gain vehicular access to Lots 4 and 5, where the parking of vehicles
and other activities have led to complaints from residents of the Taylor Road Subdivision.
6. To help alleviate the concerns of residents of the Taylor Road Subdivision,
Applicant proposes to seek Planning Department approval to temporarily relocate the
existing gate and the accompanying pedestrian maze made of steel piping [shown on the
left side of the photograph of the existing gate (Exhibit C)] down to the eastern terminus
of the easement area at the Taylor Road cul-de-sac, in the location indicated on Exhibits
A, Band D. Applicant wishes to reserve the right to move the gate back to its original
location at such future time as Lots 4 and/or 5 are developed.
- Page 1 of 2 Pages -
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7. Applicant has been advised by the Planning Department that because of the
dedication and acceptance of the public access rights over the 25-foot easement area, an
encroachment permit would be required to install and maintain a gate on the easement
area and that the permit should accompany Applicant's application to the Planning
Department.
8. Accordingly, Applicant requests an encroachment permit to install and
maintain, in the location indicated on Exhibits A, B, and D, the gate and metal pipe
pedestrian maze shown in Exhibit C.
#######
- Page 2 of 2 Pages -
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EXHIBIT D
PIUIDGRAPH OF EI\STERN TEmfiNlJS OF EI\SEMEN1' ARFA
LOCATIOO OF PROPOSED
REWCATIOO OF EXISTING GATE
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DEPARTMENT OF PARKS, OPEN
SERVICES
M:ARIN COUNTY
July 19, 1996
REC~~'!ED
JUL 2 2 1996
y~
Scon Anderson
Tiburon Planning Department
1155 Tiburon Boulevard
Tiburon , CA 94920
via facsimile (415) 435-2438
RE: Encroachment Permit - End of Taylor Road (public portion)
APN 38-421-04,05
O' PEN
TOWN OF TIBURON
FLt~<;'!!;-!G ~ EU~~Dl~G DEPT.
Dear Scon:
The Marin County Open Space District has no objections to the proposed relocation of an
existing gate which controls access to the District's Ring Mountain Open Space Preserve
from its present location to the junction of the Taylor Rd. cul-de-sac and the paved public
access easement This proposal is supported by the District's planning staff as well as its
ranger staff. While this action will require open space users to park on Taylor Road, it will
ruinirnize the rnisuse of the present unauthorized parking area and the adjacent open space
as a hangout, thereby reducing disturbances in the nearby neighborhood.
Thank you for the opportunity to comment on this application.
Sin/fely, ~ V
/Wu"dJ/~
Ronald Miska
Planning and Acquisition Manager
c: Frances M. Brigmann, General Manager
EXHIBITN0 4
Administration . Room 417 . Malin County Civic Ccntcr . 3501 Civic Ccntcr Drive . San Rafael, CA 94903
(415) 499.6387 . Fax (415) 499.3795 ,c..'
Field Office' (415) 499.6405 . Fax (415) 499-7192 . TOO (415) 499-6368 "' -:;;:,:;_
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MARIN MUNICIPAL
WATER DISTRICT
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ZZO Nellen Avenue
Cotte Madera, CA 94925.1169
415.924.4600
FAX 415927.4953
July 8, 1996
File 234.1
Scott Anderson
Tiburon Planning Dept
1155 Tiburon Blvd
Tiburon CA 94920
Re: Your File No. EP 96-01; APN 38-421-04, -06
Gate Relocation, End of Taylor Rd.
Dear Mr. Anderson:
The Marin Municipal Water District has no objection to the proposed gate relocation at the
end of Taylor Road. Please notice on the enclosed District system map copy that two
pipelines are installed in the driveway.
Please ensure that the contractor call Underground Service Alert (1-800- 227-2600) two
working days before holes are dug for the relocated gate post. The District will mark the
pipe locations on the ground. The posts must not be placed over either pipe.
Please call me at 924-4600, ex!. 286 if you should have any questions.
Sincerely,
~~ ./
Robert Anderson
Right-of-Way Section
BAmp
cc: Ron Osborne (MMWD)
EXHIBITNO-. S-
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An Equal Opportunity/ Affirmative Action Employer
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TAYLOR ROAD HOMEOWNERS ASSOCIA TION_____206 Taylor Road
Tiburon, CA 94920
Scott Anderson
Tiburon Planning Deparunent
1155 Tiburon Blvd.
Tiburon, CA 94920
1996
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JUL 0 9 19%
TOWN OF TI8URON
FLe.:,~ING & eU:LDING DEPT.
July 5,
Re: Encroachment Permit, End of Taylor Road
Dear Mr. Anderson:
On bebalf of the Taylor Road Homeowners Association, I would like to offer very slrong support
for the proposed encroachment permit. During our annual meeting in January of this year, the
members instructed me as President to do whatever I could to help alleviate the growing problem
of vandalism, rowdiness, and contempt for the natural enviromnent that has been increasing since a
number of people have identified the top area of Lots 4 and 5 as free parking. The Association has
been working with the owners of Lot 4 and 5 to come up with a viable solution. The initial
attempt, which was slrongly supported by the Association, to place a chain fence across the lower
access road was effective only for a total of one day.
We all recognize the danger of the behavior we have seen from vandals setting fire to a port-a-let at
the bottom of the access road to Irash, needles, and broken alcohol bottles slrewn about on the top
of the hill in the area used for parking. The lot itself has become an area of sport speed driving and
dangerous driving to gain access to the top area for parking. Many late nights, there are drinking
parties attended by more than a dozen people. On several occasions individuals have been mugged
by thugs who sped off in cars that had been parked on the top of the Lot 4/5. On other occasions,
individuals on there way up to the area or departing it have behaved in threatening ways to
homeowners on the hill. This growing lack of safety and obvious threat to the harmony of the
area can be rectified by inhibiting access to Lots 4 and 5. As these lots are currently uninhabited,
and as cars can gain access to them, individuals have been using them for all night events where
they can easily park in groups and be largely left alone to drink and carryon. The members of the
Association have been trying to clean up after these events but the large amounts of Irash has
become overwhelming. This combined with the growing lack of safety places great responsibility
on the Planning Commission to support an action which will reverse this dangerous Irend.
The Association welcomes the prospect of this new effort at placing a slronger gate at the lower
entrance to the access road for Lot 4/5. The placement of the gate at the lower level should be
done in such a way as to insure that cars can not get through on either side of the gate. The sign
posted at the top of the hill by the Open Space Committee should be duplicated for the lower part
of the hill along with a "Private Property --No Off-Road V chicles Allowed" and "No Parking
Beyond this Point".
If you have questions or need further information regarding my support of the proposed permit
please call me at 435-9518. The Association looks forward to a speedy resolution to this
worsening situation.
Sincerely,
IhlfM d. ~ 6ft",-- (H<!eN D. 0,[1<#). EXHIB~NO. "
PN4/'W/ /1'fUJil- ~ /~ ~ 4.,t..n.:;r'.,:~;':
WilLIAM O. WARD
204 TAYLOR ROAD
TIBURON, CALIFORNIA 94920
(415) 435-5256
REC~~'VED
JUL 0 9 1996
July 2, 1996
TOWN OFTIBURON
FL"',,;-':ING & CU:!.Dl:l!G DE?T.
Scott Anderson
Tiburon Planning Department
1155 Tiburon Blvd.
Tiburon, CA 94920
RE: Encroachment Permit, End of Taylor Road
Dear Scott:
You can probably imagine how happy I was to get your request
for comment on the permit to put a gate at the base of the
access road to lots 4 and 5. The owner is finally taking
the action you and I discussed over a year ago.
I strongly support movement of the current gate to the lower
location. It should be tied into the existing fences on
either side of the access road to eliminate any access
except through the gate. The gate should also be posted
with notices indicating that there is "No Parking Beyond
This Point" and indicating that lots 4 and 5 are private
property and allow no trespassing.
Public use of lot 5 as a 'parking lot' has created a serious
nuisance to the neighborhood. There have been many late
night drinking parties, drug usage, fires, property damage
and garbage left by people parking on the site. The parking
has also virtually eliminated the natural ground cover on
the site, creating an erosion problem. People have changed
the oil in their cars and dumped the remains on the site.
Cars often park on the fire road, blocking emergency access
and creating a hazard.
Please give me a call if I can help
process or provide any information.
enough.
facilitate the approval
This cannot happen soon
Very truly yours,
_)/vu!--.( LJ~
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EXHIBIT No.1
-.....""..,,,...--
RECEuVIED
JUL 0 9 1996
Scott Anderson
Tiburon Planning Department
1155 Tiburon Blvd.
Tiburon, CA 94920
TOWN OF TIBURON
FU',;\Nlr-~G u CUlL-DING DE?T.
July 5, 1996
Re: Encroachment Penni~ End of Taylor Road
Dear Mr. Anderson:
I received from Bill Ward, my neighbor, a copy of your request for comment on the permit to put a
gate at the base of the access road to lots 4 and 5 on the Taylor Road area I share with Bill :nI
my neighbors great relief at the prospects of finally closing off access 10 these lots. I strongly
suppon the action proposed by the owner in the requested Encroachment Permit.
The placement of the gate at the lower level should be done in such a way as to insure that cars
can not get through on either side of the gate. The sign posted at the top of the hill by the Open
Space Committee should be duplicated for the lower part of the hill along with a "Private Property
--No Off-Road Vehicles Allowed" and "No Parking Beyond this Point". The gate must be
postioned so as to ensure that access by vehicles on either side of the gate is prohihited.
Moving the gate to the lower location will serve many beneficial results. First, it will prevent
cars from driving recklessly upon the lots and treating them like a din derby, naturally causing
quite a disturbance and at late hours of the evening. Second, it will help prevent heavy partying
with the accompanying drinking, drugs and smoking that has become a regular evening event over
the last year. Third, it will prevent cars and other vehicles from driving up to the lOp lot and
dumping their trash, emptying oil from their car and potentially leaving other toxic materials. Not
only have there been many late night drinking parties, but there has also been a lot of trashing of
the surrounding area including breaking classes and bottles. The hazards created by this behavior
are obvious but notably include fire, accidents to children that climb on the rocks with the broken
class and harm to the environment due to toxic waste dumping. I believe that much of this
behavior is enduced by the apparent free access to lOp level parking by people seeking a place to
have gather for partying. The gate will significantly help alleviate this growing threat to the area.
If you have questions or need further information regarding my suppon of the proposed permit
please call me at 435-9518. I look forward to a speedy resolution to this worsening situation.
1M
Helen D. Ojha
J, Of- / f~" &.r'- ~-R I~~ )s~'".::L-.
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EXHIBIT Nft.,~
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TOWN OF TIBURON
1155 TIBURON BOULEVARD' nBURON . CAUFORNIA 94920 . (4151435-7373
FAX {415l 435-2438
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DATE: 7-//- Fj{P
JUL 1 S 1996
TOWN Or- TISUClON
FU,;,~:NG & BUILDING DEPT.
TO:
5'Ce>!T /111~.vSon F PIc."rl:J Otr.
Sia Mohammadi. Town Engineer
FROM
RE:
c'. P F G,;t" J J 1 1:7kr /U
I have reviewed this application for content and:
t/ Find it COMPLETE
Find it INCOMPLETE
Recommend DENIAL for reasons stated
Find it ACCEPTABLE AS PRESENTED
1/ Recommend the conditions listed below
be completed prior to:
Issuance of Building Permit
Occupancy
Approval of
t./' Other ..7>H'''''''C, 1 E.",/?'. ~
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EXHIBIT ~*~
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PROJECT DESCRIPTION
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Applicant is requesting an encroachment permit from the Town ofTiburon to relocate an existing
gate which controls access to the Ring Mountain Nature Preserve. The gate is currently located
at the end of a 25 foot wide public pedestrian access and water line easement which crosses Lots
4 and 5 of the Ring Mountain Subdivision (Taylor Road Phase). Applicant proposes to relocate
the gate to the beginning of the 25 foot easement, located at the edge of the Taylor Road cul-de-
sac. (See attached drawings and photos for details).
The purpose of the application is to prevent unauthorized use of Lots 4 and 5 by the public. Such
use has caused considerable disturbance in the neighborhood. The applicant states that the gate
would be temporary until such time as Lots 4 and 5 are developed with homes.
The Town ofTiburon requires an encroachment permit because the project would require
placement of a substantial structure across a public access easement.
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EXHIBIT NolQ
___Design Review Board
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Under the requirements of State Law (Government Code Section 65943)
it is necessary to obtain from all responsible agencies timely and
complete comments on the following three sUbjects. Your comments
must be received by the date noted if they are to be applied to the
disposition of this project.
1. Comoleteness of aoolication.
Please comment on whether this application contains the
information you need to make a decision on the proposal. If
it does not, please specify the information you need, bearing
'in mind that it will not be possible to request additional
information later. Your comments on the completeness of the
a"P~I~. atio, n ..,..,must be received by this office by
'~~"~,"'I'1qcd
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2. California Environmental Oualitv Act.
All proj ects must be
environmental impacts.
determination is that the
reviewed
This
project is:
to assess
Department's
potential
initial
){ Categorically exempt under Section /530 r f /5303 .
Subject to environmental review. Please comment on the
potential environmental impacts of the project and measures
that should be put into effect to mitigate these impacts. If
you find that the application is complete, these comments must
be received in this office by
3. Merits of the Prolect.
If the application is complete, and if no Environmental Report
is to be prepared, your comments are solicited on this
application. Please indicate wherein it does or does not
conform to law and recommend changes, and/or conditions that
are necessary for the protection of the affected surrounding
P1:er-ties. These comments must be received,.~,fu*.h is,,,,,' 0, f,fiC;}Y
-Zr ~ L<; (qq(. 'i'''\\O~''JD .......f.
PLEME RETURN CO:'ENTS TO, ;~tJ:i~~~'r1b
f;; (.0* A V\ if /,c, c; (C\. 1"
TIBURON PLANNING DEPARTl1ENT
1155 TIBURON BOULEVARD
TIBURON, CA 94920 PHONE (415) 435-7390
FAX (415) 435-2438
\torms\router2.
TIBURON PLANNING DEPARTr'!ENT PROJECT REFERRAL SHEET
Rev. 8/94
EXHIBIT l'Tn
11
TIUUROtl FIRE PPOT DlST
4l":,4357:.'05
P. e 1
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ORIGINAL
TlBURON FIRE PROTECTION DISTRICT
TO Mui Ho. Architect
Ir'?, r.:"'~Q~f~1i"II
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FROM. Captain Newsom
AUG - 2 1996
RE: Taylor Road Fire Road Gate
TOWN OF TIBURON
FU";,:>:ING & eUlLDING DEPT.
FAX TRANSMITTAL
DA TE: February 28. 1996
---------------------------------------------------------~
Dear Mr, Ho,
I received your fax transmittal advising the District of a newly installed and
relocated fire road gate for the fire easement on Ring Mountain. Our engine company
vIsited the site but could not locate any such gate with a combination lock. Shortly
thereafter I received a telephone call from Mrs Ohja who suggested that the gate had
been removed by vandals.
It is in everyone's best interest that when the gate is reinstalled, a "universal"
securing mechanism is fitted SpeCifically. a Combination lock will not be acceptable
as we have found it impractical to log all of the District's locks wIth specific
combinations and remain current whenever a lock is changed. Please contact the Fire
Prevention Bureau prior to installing a new locking mechanism.
Sincerely,
Curtis Newsom. Captain
Fire Prevention Bureau
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EXHIBIT N11:.~
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TOWN OF TIBURON
INTEROFFICE MEMORANDUM
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Date:
February 22, 1996
Robert L. Kleinert, Town Manager
Richard StranzI, Finance Director
SURVEY - Implemented Citywide General Purpose or
Special Improvement Taxes
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To:
From:
Subject:
Back2round:
The following Table provides summary information concerning implemented general or special
purpose improvement taxes of the cities and towns of Marin.
Survey:
CITYWIDE GENERAL OR SPECIAL PURPOSE TAXES
Cityffown
Belvedere
Item Description
Capital Improvement Tax (General Fund, for
Capital Improvement Projects)
Estimated Budget Revenue
Approximately $195,000
2 Corte Madera
3 Fairfax
Utility Tax (General Fund, 6%)
General Tax (General Fund, $50 per SFR)
Storm water Runoff($15 per SFR)
Storm water Runoff ($15 per SFR)
Approximately $356,000
Approximately $190,000
4 Larkspur
5 Mill Valley
Municipal Services Tax (General Fund, Capital
Improvements, $145 per SFR, etc.)
Approximately $900,000
6 Novato
Storm water Runoff ($15 per SFR)
7 San Anselmo
Measure G, .1995 General Obligation Bonds, for
Streets-LibrllI)' CIP($1O.8M, $54/SFR Avg.)
Pension Tax (General Fund)
Municipal Services Tax, 1982 (General Fund)
Approximately $530,000
Approximately $430,000
8 San Rafael
Storm water Runoff ($15 per SFR)
9 Sausalito
Storm water Runoff($15 per SFR)
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FISCAL YEARS 1997 & 1998,iitttjeij,miff~il~li~~~il:~gBi,2!~
STATE-MANDATED SlllFT TO COUNTY
EDUCATIONAL REVENUE AUGMENTATION FUND
SCHEDULE OF PROPERTY TAX REVENUE SHIFT FROM
TOWN & REDEVELOPMENT AGENCY TO COUNTY ERAF
General Fund RDA Combined
Total less: Net CumulatIve Total Net General
Fiscal 1st 2nd General ERAF General General Agency &RDA
Year Reduction Reduction Reductions Rebates Reductions Reductions Reductions Reductions
1992/93 106,759 106,759 106,759 106,759 124,797 231,556
1993194 99,130 168,157 267,287 65,018 202,269 309,028 38,158 240,427
1994195 103,194 175,051 278,245 51,584 226,661 535,688 38,167 264,828
1995/96 107,642 182,595 290,237 42,000 248,237 783,925 -0- 248,237
1996197 .... 112,486 190,812 303,298 42,000 261,298 1,045,223 -0- 261,298
1997198 .... 117,547 199,399 316,946 42,000 274,946 1,320,169 .0- 274,946
Totals: $646,758 5916,013 51,562,771 5242,602 SI,320,169 S201,122 SI,521,291
Notes to table'
I. ERAF Rebates - The figure provided for FY 1995/96 - $42,000 - is budgeted-for, and is based on data
provided the Town by the County of Marin Auditor-Controller.
2. Reductions (Shifts) - Since 1992 there have been two (2) state-mandated reductions in the formulas which
determine the allocation of property tax revenues to the cities and towns, as follows:
a. Fiscal Year 1992193 - The initial state-mandated property tax reduction was approximately 9"/0 of funding
allocated to Tiburon (and included per-capita adjustments). The state mandated a $124,797 shift ofRDA funds
for ERAF pwposes, of which S75,000 was borrowed from the Agency's Housing Set-Aside Fund, and must be
repaid to the Fund by the year 2003.
b. Fiscal Year 1993194 - The second state-mandated reduction in property tax funding represented an additional
15% reduction in property tax revenue allocated to the Town. The state mandated a two-year shift ofRDA funds
for ERAF pwposes. Approximately equal payment amounts were required in May 1994 and 1995.
c. Fiscal Years 1997 & 1998 . It is 8SSIID1ed that the Town will reaIize ERAF rebates in the same amount as is
budgeted for in 1995/96, $42,000. It is 8SSIID1ed that the growth in the reduction in each fiscal year will be 4.5% _
which represents the current estimated growth in Town assessed valuation.
- 21 -
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FiSCAL YEARS 1997 & 1998
_ TmURON PROPERTY TAX REVENUE ALLOCATlONS-
TAX REVENUES, ERAF REBATES & LOSSES
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1993
The Figures Provided in the Chart Represent the Net Annual Loss of Property Tax Revenue.
The 1996 Current Net Property Tax Revenue Loss to the Town is $290,237.
The Cumulative Net Loss of Property Tax Revenue Since 1993 is $783,925.
- 22
~ Kinsale Industrial Sites and Buildings
Kinsale Urban District Council are available at all
times to discuss any proposal in relation to
commercial and industrial development in Kinsale.
There are sites and buildings available in Kinsale
from Forfas, the Local Authorities and
private developers.
A fully-serviced twelve acre industrial site owned by
Fortas . on the outskirts of 1M t!)wn,
ad
. IUnNIe Some Established Industries
Examples of established industries in Kinsale are:
Name of Firm
Eli Lilly s.a.
Henry Good Ltd.
Graepel Perforators & Weavers Ltd.
Engineering & Design Ltd.
Kinsale Candles
Chris Kay Ltd.
Arno Ltd.
Sternplastic Hellstern Products
Emerald Moulds
Wild Goose Studio
Origin
U.S.A.
Ireland
Germany
Ireland
Ireland
Ireland
Sweden
Germany
Ireland
Ireland
Product/Service
Pharmaceuticals
Grain Millers
Metal/Steel
Precision Engineering
Candles/Plastics
Clothing Transfers
Straps/Buckles
Plastic Products
Injection Moulding
Heritage Products
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:'. . Education and Training
rv1o,e t c:H"laif ""18 lrsh popula
t,or IS ,,;('rHr tit age of 28 years
and 3:'", ire er'der the age of
20 years '0 Cirer for this young
population Ireland has
developed one of the best
educational systems In Europe,
follOWing the international
pattern of firSt. second and third
level. In Ireland 38% of second
level graduates go on to third
level education.
Kinsale has co~educational
second level schools providing
both vocational. academic, and
outdoor education courses.
Training
FAS. the Industrial Training
Authority, provides a range of
training programmes
Third Level
Extensive and internationally
renowned third level education
facilities are provided by
University College, Cork
(U.C.C.), and the Cork Regional
Technical College (Cork R.T.C.).
University College, Cork
University College. Cork
(29kms) caters for 10,000
students and provides a full
range of graduate and
post~graduate courses in many
disciplines which may be
studied full~time or part~time.
Extensive research facilities are
available at U,C,C" such as the
National Microelectronics
Research Centre.
Regional Technical College
The Cork Regional Technical
College (28kms) was
established in 1974 and
provides extensive courses in
science, computer technology,
engineering, business studies,
etc. Again, full~time and
part~time students are
catered for.
. Kinsale Leisure and Recreation
The town of Kinsale comprises
a unique architectural heritage
in a very scenic setting. The old
war/de atmosphere and civic
pride of the people of Kinsale
makes it the ideal holiday
destination. Kinsale won the title
of 'Ireland's Tidiest Town' in
1986.
Kinsale has some of the finest
restaurants in Ireland and is well
supplied with hotels,
guesthouses and nightim~
entertainment.
There is a wide variety of
amenities which include golf,
tennis, fishing, yachting, rowing,
gaelic games, rugby, soccer,
badminton, chess, swimming,
horseriding, walking, boules,
opera, drama and a library.
In particular, Kinsale is
renowned for the following
tremendous amenities:
Golf
Kinsale has an eighteen hole
course and a nine hole course,
both within six kilometres of the
town.
Sailing
The very sheltered
harbour and two
offers some of t sailing
and windsurfing amenities
a' . The annual Regatta
the August Bank
Holiday weekend,
Angling
Kinsale is famous for it's
angling, offering both shore and
deep,sea sport - and nearby,
salmon and white trout, in the
lovely River Sandon.
Beaches
A beach at Garreltstown (1 Okm)
and a small beach at The Dock
(3km) provide excellent
swimming facilities in clear
water,
Heritage
Kinsale is designated as a
Heritage Town. The recently
refurbished Desmond Castle is
now open as a visitors centre
and there is a small local
museum nearby. National
Monuments at Charles Fort and
James Fort are of international
importance.
Restaurants
Kinsale is renowned as the
'Gourmet Capital of Ireland'
because of its many excellent
restaurants. Kinsale Gourmet
Festival is held annually in
October.
. Kinsale Infrastructure
There is a substantial level of
infrastructure and services
available to meet the needs of
new and existing clients.
Road
The regional road - R600
connects Kinsale with Cork City.
The regional road - R605
connects Kinsale with Bandon
and West Cork
Air and Sea
Kinsale town is served by Cork
International Airport which is
located on the Kinsale side of
Cork City. 23Kms (20 minutes)
from Kinsale. The Port of Cork
offers conventional container,
unit load and roll on/roll off
services on a 24 hour basis
serving UK, Continental and
world ports. A new deepwater
terminal offering a
comprehensive service at
Ringaskiddy (30kms -
. utes) can ter for ships
,100
Rail
Full national rail services are
available at Cork City, 32kms
from Kinsale.
Electricity
An adequate capacity in the
electricity network in the Kinsale
area exists for industrial and
commercial developments.
Supply voltages in Kinsale are
10kv and 38kv and 380/220
volts at 50hz.
Water Supply
Water supply is provided by
Kinsale Urban District Council
and Cork County Council. There
is an adequate supply available
for immediate needs and future
expansion.
Sewerage
A modern comprehensive
sewerage treatment plant for the
town and surrounding areas has
been designed and this will
provide capacity for a population
of up to 10,000 persons.
Communications
One of the most modern of
national and international
telecommunications services is
provided to meet industrial,
commercial and domestic
needs. Full international
telephone/telex/telefax facilities
are available on demand.
Other Services
Excellent quality housing, full
range of medical (Cork
University Hospital 28Kms) and
social services, national and
local ia. comm
sand
ommissioners which can take
vessels up to 90.metres LOA;
draft 5 metr~s, 3,000 DWT With
considerable scope fore~rt
facilities. Kinsale Harbour
Commissioners offer a high
quality service and extremely
competitive rates of charge.
/t'
)'Ni ,')f i:;(Jl,stry the inSr'l
,'ideo a numbe: of ~ax
,:' c'il: '1lCiustri,]1 enterprises.
1:10' .~ds working in the
\rr:, J'9 the~;e (1:C~
')i
,:;rp, 'ct. )fI
l1i; l'l
x
;,.;~ ut pr.xJucts rTklllulactured III
, , I "'g,' ot other activities such
ld s ,ftwJre development qualify
0' I T ",is special low rate of
'ova F\GO will remain in torce until
"at
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,
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"', au:
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Low Cost Fin2ncing
.JI Si In Ilj O,ln
":hilU"Ct, 'IV) OI'1pJnIPS which are resident in
'Hail ,j ,1'"" cf low "~OSt debt finance by
,'uC 'Ilk b()"JW!ilgs in such 'l manner that
l:;,:rc _" /rr:t IS C1:,:-:: tr'_~ated as profit
',;Ilir, ,;, cl cstn'Jutlons are tax,free in the
""d' "e 'dl'K ba'lk and enable it to reduce
'if-" r~-i ntl~' '\S7 C'larged.
:) U. .st f 'lnt i easing for Manufacturing
('omrif'lt':",
i)i(-1nt " na( 'nf~r> leC:ised for use in a
'iHnU'dcJ, Ing 'ade are given special tax
urlvlleles n tl, hands of the person providing
'he pi; Ifl,'his ,nables rnanutactunng companies
W iea,;e pant 'ld rrachlnery at relatively cheap
rates
Patent Income
income tr"m a ;latent developed in Ireland is not
subject to 'rish fax It the recipient IS an Irish
reSident c.)mpany or an Individual who is resident
In Ireland and not elsewhere, The exemption also
applies to diVidends received from a company
with exempt patent income to the extent that the
diVidends are derived from exempt income. This
tax pnvllege enables Irish companies (including
the Irish subsidiaries of foreign parents) and Irish
residents to exploit technological opportunities in
a tax effective manner.
Individuals
,_,!mlted Exposure to Irish Personal Taxes.
rJon-nationals who come to Ireland can often
qualify lor tile remittance basis of taxation On
this ba",s only so much of their fore'gn income
excludipg UK Income) as is brought into Ireland
'c. subject to Il!sh tax,
Tax Treaties
Tax treaties are in operation with many countries,
i e. US/I and all EU countrres, This prevents
",divlduals and companies being SUbjected to
double taxation Article 15 of the USA/Irish Tax
Treaty allows Irish branches of USA companies
to earn interest income. tax free,
Government Grants
In addition to tax effective benefits. Government
Grants are available in the form of capital,
tlallling research and development, and
employment grants.
Export Relief
Export 'inancing arrangements are available
EU Members
Ireland is a member of the European Union,
which allows the movement of goods within the
EU to be duty free,