Loading...
HomeMy WebLinkAboutTC Agd Pkt 1997-01-15 "' \' ""'" I ~' I ' TIBURON TOWN COUNCIL AGENDA REGULAR MEETINIG TOWN OF TlBURON 1101 TIBURON BLVD. MEETING DATE: MEETING TIME: INYERYIEWS: JANUARY 15, 1997 7:30 P.M. 7:88 F.M. (!l-vt. ~ PLEASE NOTE: In order 10 give all Interested p8fSOIlS an opportunity 10 be heard, end 10 ensure the presentation of all points of vieW, members of the audience should: (1) AIwaye A<Ick.- the Chair, (2) Stale Name and Address; (3) Stat. VI8WIl Succinclty; (4) Llmft Preeentations to 3 minutes; (5) Speak DncIIy into Microphone, In CCll.....~ _ the AmeIicens YoiII1 ~ Act. ~ you need speciel assistance to participate in this meeting, please contact Town Hall (415) 435-7373, _ 48 hours prior 10 the..-.g will enable \he Town 10 make reasonable arrangements to ensure accessibility to this meeting [28 CFR 35.102-35,104 ADA Hie II] 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 matters not already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the time it is called. Presentations are limited to three (3) minutes. Matters requiring action will be referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting agenda. D. COUNCIL. COMMISSION & COMMITTEE REPORTS E. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 1) A DESIGN REVIEW BOARD R PARKS & OPEN SPACE COMMISSION C APPOINTMENT PROCESS F. CONSENT CALENDAR The pU1pose of the Consent Calendar is to group items together which generally do not require discussion and which will probably be approved by one motion unless separate action is required on a particular item, Any member of the Town Council, Town Staff. or the Public may request removal of an item for discussion. 2) TOWN COUNCIL MINUTES #1103, December 16, 1996 - (Adopt) 3) TOWN MONTHLY INVESTMENT SUMMARY - November 30, 1996 - (Receive) 4) PURCHASE OF PUBLIC WORKS VEHICLE - FY96-97 BUDGET - (Approve) 5) PARADISE DRIVE WINTER 1995 STORM CLEAN-UP - ACCEPT STATE FUNDS- (Adopt Resolution) 6) HARROMAN PROPERTY - Authorize Request for Extension of Final Payment Date Re: Harroman Property Acquisition G. UNFINISHED BUSINESS 7) FINAL AMENDMENT TO COUNTY OPEN SPACE AGREEMENT - Creation of New Community Facilities District - (Adopt Resolution) 8) NEW TOWN HALL - A) STATUS OF FURNITURE BID PACKAGE & CONTRIBUTION UPDATE B) GRAND OPENING SCHEDULE & COMMITTEE 9) NEW POLICE FACILITY- A) FINAL PROGRAM POLICY DECISIONS B) DESIGN SCHEDULE H. PUBLIC HEARING 10) REVISED ANIMAL CONTROL ORDINANCE - Amend Chapter 20 ofTiburon Municipal Code to Incorporate Changes adopted by County Board of Supervisors - (2nd Reading and Adoption) I. NEW BUSINESS II) LAST CHANCE COMMITTEE COMMUNITY SURVEY - (Request for Funding) 12) MID-YEAR FINANCIAL STATUS REPORT - (FY96-97) J. COMMUNICA nONS 13) LETTER FROM MMWD RE: ADDITIONAL WATER TANK INSTALLATION ON SPRING LANE - Dated 12/20/96 14) PARADISE DRIVE POA NEWSLETTER - (Community Meeting and Visioning Process- November, 1996) K. STAFF & TOWN MANAGER ORAL REPORTS 15) TOWN COUNCIL/STAFF RETREAT- (Wednesday, January 29,1997) 16) CHAMBER OF COMMERCErrOWN COUNCIL BREAKFAST MEETING - (Tuesday, January 28, 1997) 17) MAIN STREET/ADA JOINT COMMUNITY WORKSHOP - (Schedule Date) L. ADJOURNMENT Future Agenda Items Police Report - 1996 - (February S) Revised Sign Ordinance - (February S) Greenwood Beach Drainage Project - Draft Negative Declaration - (February 19) TOWN OF TIBURON STAFF REpORT To: From: Subject: Date: TOWN COUNCil.. TOWN MANAGER APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES January 15, 1997 ITEM NO. I 1) DESIGN REVIEW BOARD (5 Members) . Three (3) Current Members - Howard, Fyffe & Doane . Two (2) Current Vacancies . One Reappointment - Pamela Fyffe needs to be reappointmented as her term expired in December, 1996. (She was appointed in June to fill a vacancy created by the resignation of Wade LeRoux whose term expired in December.) 2) PARKS & OPEN SPACE COMMISSION (7 Members) . Commissioner Ferro's term expires in February, 1997 and she does not seek reappointment. This provides Council with an opportunity to consider either (1) seeking a replacement, or (2) not filling the vacancy with the goal being to reduce the Commission from seven members to five. 3) APPOINTMENT PROCESS . Councilmember Ginalski has requested the Town's appointment process be agendized for review and reconsideration by the Town Council. Staff recommends this matter be placed on the Town CounciVStaffRetreat agenda. R.L. Kleinert j}~ I/o. _2- TOWN COUNCIL MINUTES ~ ."'t (}it4Fr CALL TO ORDER Mayor Hennessy called the special meeting of the Town Council of the Town of Tiburon to order at 7:37 P.M. on Monday, December 16, 1996, in Council Chambers at 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: Ginalski, Hennessy, Thayer, Thompson, Wolf EX OFFICIO: Town Manager Kleinert, Town Attorney Danforth, Police ChiefHerIey, Lt. Aiello ABSENT: COUNCILMEMBERS: None B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv) Mayor Hennessy said that the Town negotiator had received further instruction in closed session but no action was taken. Co PUBLIC OUESTIONS AND COMMENTS None. D. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES MOTION: To appoint Larry Doane to Design Review Board Moved: Wolf, Seconded by Thompson Councilmember Ginalski said at the last meeting an appointment was made to the Planning Commission without resumes and without interviews. He stated that no other resumes had been received for the current appointment and asked the Council to think about making appointments without opening up the opportunity to the Town as a whole. Councilmember Wolf stated that there was still another opening to be filled on the Design Review Board, and Town Manager Kleinert said an ad had been placed in The Ark inviting applications. Vote: AYES: NOES: Hennessy, Thayer, Thompson, Wolf Ginalski E. COUNCIL. COMMISSION & COMMITTEE REPORTS None. Town Council Minutes # 1 103 December 16, 1996 1 F. CONSENT CALENDAR 1) Authorization to Accept Conveyance of Property - Town Purchase on Marsh Road- (Resolution). 2) Amendment to County Open Space Agreement - Community Facilities District 1993 _ (Resolution). 3) Town Monthly Investment Summary Statement - October 31, 1996 - (Receive). 4) Town Council Minutes No. 1100, November 6, 1996 - Amended Page 3 - (Adopt). Town Attorney Danforth asked to remove Item NO.2 for comment. MOTION: Moved: Vote: To adopt Consent Calendar, minus Item No.2. Thompson, Second by Thayer UNANIMOUS G. UNFINISHED BUSINESS 5) New Police Facility at Ned's Way - Consider Revised Program Area Summary and Comments, Cost Estimate, Lot Line Adjustment Requirement and Grant Application Status. Mayor Hennessy said she had only been informed of the revised building program on Friday and that Council was seeing the new plans for the first time. Town Manager Kleinert said an approval was needed on the design in order to submit an application for grant money by mid-January, and that the architect and Building Advisory Committee Chair would answer any questions. Jim Wilson, Building Advisory Committee Chair, said the current drawing had been prepared by the same architect [Eric Glass] who had prepared the Measure M drawing, using information provided by Bruce Ross and the previous design which showed a combined Town Hall and Police facility. Wilson said that two members of the Design Review Board had also reviewed the new drawing last week. Chair Wilson gave three reasons for presenting the drawings to Council: . 1) The deadline for 1990 Seismic Retrofit Bond Fund grant funds was January 15, and the Town would apply for funds to build a combined Emergency Operations Center ("EOC") and Police facility; 2) The Child Care Center wanted to determine the boundary line between their property and the policy facility; 3) It would be a good idea to start construction on the facility during the summer season. Town Council Minutes #1103 December 16. 1996 2 Wilson said a change had been made to the design in order to balance the square footage on two floors and that the additional space was now filled in with functions he felt were omitted before. He said the EOC had increased from 500 square feet to 760 square feet and that there was a 200- 300 square foot sally port and the same number of holding cells. Councilmember Wolf said it was customary to have a 10% change in square footage during the design development phase, but stated the current drawing bypassed both the Council and voter- approved square footage, resulting in a nearly 3,000 square foot increase. Wolf estimated that the increased square footage would add $460,000 in construction costs. Wolf said if current regulations required a larger EOC, why not allow the current (temporary) EOC to remain at Belvedere, or retrofit the new Council Chambers to house it. Chair Wilson said he would defer to the Chief of Police as to the practicality of housing the EOC outside of the Police Station. ChiefHerley said EOC's were usually at Fire or Police Stations but said the Tiburon Fire Department had already stated that they were not interested. Chair Wilson said the principal criteria of the grant application was if a current EOC was inadequate and it was fixed up, would it meet the highest seismic standards. Councilmember Wolf said that representations were made during the Measure J&K election to the Child Care Center that their site would "remain unchanged except for the loss of the grassy field," and asked about the 40 foot take-away proposed in the new design. Mayor Hennessy asked the Child Care Center representatives about the plans for building a new center on their site. She was told they would like to replace the current 2,100 square foot building with a 5,000 square foot modular unit. Hennessy asked Architect Glass about the increase in size of the police facility. Glass replied that only in October did the [BAClcommittee seriously start to look at police needs for the new facility. He said that the sally port and storage had been moved outside because it was more efficient and contributed to the structural efficiencies of having all four walls stack up on each other. Glass said the drawing was similar to the previous one but had been upgraded to meet code and accommodate 19 people in the EOC. He said the Police Department said they needed 20 parking spaces whereas the previous drawing had 13, and that the lot line had been moved toward the Child Care Center to gain more parking. Mayor Hennessy asked for an explanation of the number of spaces. Vice Mayor Thayer asked if the new building would exceed the budget of$1.5 million. Glass said he thought it was in the ballpark but that no cost estimates had been done. Council member Wolf commented that the 1991 Roland Miller drawing, dubbed by some as "the Taj Mahal," was actually smaller than the current proposal. She wondered why the Council went Town Council Minutes # 1103 December 16, 1996 3 through all the work of setting policy ifit was not followed. Councilmember Thompson asked whether there could be some doubling up of spaces in order to reduce the size of the building and pointed out that the department currently had an investigator, juvenile officer and DARE officer sharing a [work]space. Thompson also questioned the need for multiple cells and asked when the last time a holding cell was needed. ChiefHerley said the current cell was deemed inadequate by the Department of Corrections. Lt. Aiello said there were 1-2 arrests every weekend and a couple of times during the week. Herley said it cost the Town $130 to book suspects at the County, which also took an officer outside of the city limits. Councilmember Wolfasked when the requirements had changed for EOC's and was told by Eric Glass that the number of people in the EOC had changed, not the EOC standards. ChiefHerley pointed out that the EOC was for the entire peninsula and listed the following people he said were needed in the command center (representing both Tiburon and Belvedere): 2 Police Chiefs, 2 Fire Chiefs, 1 Battalion Chief, 2 City Managers, 2 City Attorneys, 2 Planning Directors, 2 Finance Directors, 2 Public Works Directors, 2 Building inspectors, and 2 Sanitary Districts. Councilmember Wolf asked that the plans for the EOC be reviewed by the Joint Disaster Advisory Committee. Architect Glass, in response to a question from Councilmember Ginalski, estimated the cost of constructing the building at $125 per square foot, but said that $175 would be more reasonable. Mayor Hennessy opened the public hearing. Dale Smith, 16 Golden Gate Avenue, Belvedere, mother of children at the Center, said the current Child Care facility was inadequate and there was a two-year waiting list which she said reflected the growing needs of the community. Susan Machtinger, 195 Stewart Drive, attorney and mother of two children at the Child Care Center, said the boundary line was not negotiable under the terms of the lease. She also said the Council had made a commitment not to annex the property and asked Council to reject the current plan. Aviva Boedekker, 113 Jefferson, mother of children and President of the Child Care Center Board of Directors, said the new modular structure needed to be ordered in January. She, too, expressed surprise at the encroachment by the Police Facility. She said the law precluded their facility sharing a playgound with Reed School. Dave Musgrave, 55 Red Hill Circle, requested Council to reject the plans and confirm that it would honor the Child Care Center lease. He suggested forming a committee of Police, Child Care and Council to study the proposed designs. Town Council Minutes #1103 December 16,1996 4 Mayor Hennessy noted that Councilmembers Thompson and Ginalski had been appointed to act as liaisons at the last Council meeting. Musgrave said everyone felt "sideswiped" by the presentation of the new plan and were frustrated because their calls had not been returned by the Building Advisory Committee. He asked for more notice, at least three weeks, of meetings in order to participate in the process. Karen Nygren, 22 Paseo Mirasol, expressed concerns about traffic circulation at Ned's Way and questioned who owned the easement over the road. She said she agreed with Wilson and Glass and that it would be a mistake to scale down the building. Bruce Ross, 1807 Centro West, said he hoped there was a way to resolve the needs of the two buildings on the available land. He said it was the Council's job to decide how big the police facility should be but that he personally had made representations that the boundary with the Child Care Center would not be touched. He suggested that some of the parking could possibly be located on the Senior Housing site. Hearing returned to Council. Councilmember Thompson said the Town had a history of wanting to support child care and schools and noted that the Town had deeded the land to the School District. He said the parking issue could be dealt with within the current boundaries and that efficiencies in the police facility could be created. Councilmember Wolf said the current plan was 2000 square feet bigger than Measure M and 3000 square feet bigger than Measure I and should not be submitted with the grant application. Wolf said it would no longer be a "no-tax" solution if the current plan was adopted, adding that she felt there was a "moral commitment" against impacting the Child Care Center boundary. Councilmember Ginalski said the new plan appeared to be a "bait and switch," and called for all the affected parties to be brought to the table. He said he was also troubled by continuing to spend money on architect's fees if the program was not consistent with Council direction. Vice Mayor Thayer said consensus could be reached and encouraged everyone to keep working together to build on previous efforts. Mayor Hennessy said she was disappointed that the size of the police facility had grown, noting that the Administrative Seargent's office was even larger than the Town Manager's office. Hennessy said she would not endorse the current plans to be submitted with the grant application. MOTION: To incur no further architect's fees; to send the plans back to the Building Advisory Committee and have them work in conjunction with [Council appointees] Andrew Thompson and Mark Ginalski and the Belvedere/Tiburon Child Care Center; to use the Measure ''Y' schematic as a starting point; to honor the Town Council Minutes #1103 December 16, 1996 5 Moved: commitment to BTCCC not to impact the playground; to involve the Joint Disaster Advisory Council and to have them review the space needs and location of the Emergency Operations Center ("EOC"). Wolf, Seconded by Thompson. There was a comment by Ginalski to involve the police in the above process; Wolf said they were already on the Building Advisory Committee. Amended Motion: To include Architect Eric Glass as part of the ongoing committee. Moved: Hennessy. Councilmembers Wolf and Thompson accepted the amended motion. Wolf reiterated the need to stop spending money on new plans and to keep control of the project. Thompson said he would volunteer to "stay on top of the project." Vote: MOTION: Moved: Vote: UNANIMOUS To agree not to impact the playground. Wolf, Seconded by Ginalski Unanimous Bruce Ross suggested a workshop of the Council, Building Advisory Committee, and Chief of Police to work on the programming for the Police station. F. CONSENT CALENDAR 2) Amendment to County Open Space Agreement. Town Attorney Danforth said she had asked for language to be changed in the agreement to reflect that there were no present plans to acquire the Martha property, but not to preclude future use of bond funds for possible purchase of the property. MOTION: Moved: Vote: To approve Resolution Amending County Open Space Agreement, as amended above. Ginalski, Seconded by Thayer Unanimous J. NEW BUSINESS 6) Proposed Repeal of Marin County Enabling Ordinance - Proposition 90. Town Manager Kleinert said the Marin Managers supported allowing the Proposition to sunset in 1999, and that the Board of Supervisors would consider the ordinance at their next meeting. Council agreed to support the ordinance. December 16, 1996 Town Council Minutes #1103 6 K. COMMUNICATIONS 7) Letter from Lyford's Cove/Old Tiburon Homeowners' Association to Town Council concerning traffic hazards. Town Manager Kleinert said he was waiting for a response from the Traffic Safety Committee before he replied to the letter. Planning Director Anderson said the committee was concerned that the requests were disproportionate to what was being done in other neighborhoods, and that there were further problems due to lack of sidewalks and older streets. Council directed Town Staff to reply and state what could and could not be done. L. STAFF & TOWN MANAGER REPORTS None. M. ADJOURNMENT There being further business before the Town Council of the Town ofTiburon, Mayor Hennessy adjourned the special meeting at 10:3 I p.m. to a regular, adjourned meeting on January 2, 1997. THERESE M. HENNESSY, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK Town CouncilMinules #1103 December 16, 1996 7 .! .~" OF TI~ ~.. ~ -(I '~;'.l.:'..... 3:,.- ~\~, ~ .' ~ - : -~ '.' ,~~ <"...."'~_.,::- 'f' l'"....~ ~ OI?I!I~'A - \~ ...... , rroWN OF TIBURON STAFF REPORT Meeting: Item: To: From: Subject: January 15, 1997 3 TOWN COUNCIL RICHARD STRANZL, FINANCE DIRECTOR MONTHLY INVESTMENT SUMMARY STATEMENT AS OF NOVEMBER 30, 1996 TOWN OF TIBURON Institution! Agency Amount Interest Rate Maturity State ofCalifomia $5,268,000 0.05599 Liquid Local Agency Investment Fund Total Invested: $5,268,000 TffiURON REDEVELOPMENT AGENCY Institution! Agency Amount Interest Rate Maturity State of California $847,345 0.05599 Liquid Local Agency Investment Fund Total Invested: $847,345 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 summary report accurately reflects all pooled investments of the Town ofTiburon 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 summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. BY: aq Richard Stranzl, Finance Director January 8, 1997 Meeting: Item: January 15, 1997 TOiCOUNCTL RICHARD STRANZL, FINANCE DIRECTOR AUTIIORIZE PLANNED PURCHASE OF PUBLIC WORKS TRUCK 3/4T TRUCK, REPLACEMENT OF UNIT C.17 . . .~d_~ OF 1/0 _~.. \.O~~. -~"i' " ')" ~ - ,'.:1..-- r>(Zf. >-.:--'~;- : ~':" v''(< - _ . . '" ('>",,""" '_ ' 1", . ~ ...~ ~ OJ?~-.A \~c.. .... TOWN OF TIBURON STAFF REPORT To: From: Subject: Item Discussion: This item is for Council approval to implement the planned purchase ofa 3/4T Truck by the Public Works Department. The adopted budget plan for fiscal year 1996/97 included the purchase of a 3/4T truck to replace Public Works Unit C-17. The approved budget plan also included an annual depreciation allowance of $2,000 (based on the estimated purchase price of $19,500 and a 10 year service life.) The Public Works Department asked six companies to submit price proposals to the Town; three (3) responses were received, as follows: Wayne Cross Ford, San Rafael Wondries, Alhambra Hansel Ford, Santa Rosa $ 19,144.12 $ 19,711.00 $ 18,936.06 Recommendation: Town Council authorize Staff to implement the planned purchase of the 3/4T truck, from Hansel Ford of Santa Rosa. Attachments: I. Specifications 2. Hansel Ford, Bid I ( r 1'copy' N OF TIBURON Tiburon Public Works Department 415 - 435-7399 Tony lacopi, Superintendent T- . July 19,1996 IISS TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (41S14~S.7.17) FAX (415) 435.2438 '.~ " .,,: .~. ., ; Novato Ford . Wayne Cross Ford, San Rafael Hansel Ford, Santa Rosa ~'Easr Bay Ford, Oakland ~Bonanza Ford, Sonoma -. ,# "r- ~~UBJECT: BID FOR 3/4 TON TRUCK ...-_r, . TO ALL DEALERS: ; :. The Town ofTiburon Public Works Department is putting a specification list out for bid : \i:>n a new 3/4 ton truck. Tiburon is a municipality and the bid should be at fleet prices. The Town 'ofTiburon is exempt from DMV charges. '....,- -.:-~ :. .~ ."....,? .~,.J.~. .....-.." .~..~:l.- ..-...;.-.. ~'~:.t .~_ .......:;-.1 ~';;' ~ ~-; ." ' ~.~..~ -: ~ . ":'t!:;' "=:-... The following are the options/specifications: 1) , 3/4 Ton Fleetside (straight) 2) XL Single Cab 3) Rear Sliding Window (Smoke) 4) Heavy Duty Rear Bumper 5) Heavy Duty Rear Hitch - Class 3 (75-10) 6) 35rCu. In. Gas 7) Automatic Transmission (with Overdrive) 8) Heavy Duty Tires 9) Color: Oxford White - Grey Interior 10) Under Lip Bed Liner 11) Power Steering & Power Brakes 12) AM/FM Radio 13) Positive Traction All bids must be received no later than August 23, 1996. If you have any questions, please call me at 415-435-7399. ._.._'....,..~ '-t.'... Very~urs, . /1 --." , ;' / (\'L-l/I J- ?C-C;1-{' .y Tony E. It;pi . . Superintendent of Public Works"" ..._<,~...""",,- ". .. , .';.( ~.'~~ ._-".._..~ . - 'if~ 7hJJ-f tVY-c fv~ cf I dD CJN- W4Il! fu~ j4K.f'c/ ! 2.(' w-f? LI ! PHGE.001 I e( Z- DATE: P.O. BOX 810 SANTA ROSA, CALIFORNIA 95402' (707) 525.3688 . FPJ( (707) 523.2321 . (800) 958.5556 FLEET, COMMERCIAL & TRUCK CENTER Company: e# ~= //~/7e4"1 Attention of: ~~. ~~y /,-:;zC~' Te1.No.#...I~...r::~3~7 Address: //.s--:s-- //6.Ak-i ~...-<<.(A.....L Type Vehicle: /!?~?- /~~ #/2> ~ ",cZg ..s~1 ~~ ?4pp? Color: ~~~, ... I'" This quotation includes all standard equipment plus following options: / . Retail Price $~kS3- $ /r6::;;.~ $ ~ $ / ;z. 9t7. c;" $ :;;;;- Fleet Price Documentation Fee State Sales Tax Approx. License Fees Less Trade-in Allowance $ ~ Total Cost $ /f93~ ~ ThanK .-.....-~ 'T1-1IS QUOTATION IS \1010 I~ THERE ME AN'( FACTORY PR1CE CHANGES "AitOA TO FINAL ACCEPTANCE OF ORDER BY F"OAO MOTOR COMPANY. PRICES ARE VALID DURING CURPlENT MOOQ. YEAR RODUCTlON ONLy. AND CNlNOT sa GUARANttED IF vEHIOLE ARE PROOUCEO ... A8UBSI!:QUEffT ~ YEAA. r T J~ Signed: NUMBER 1 I/ev../J s RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON AUTHORIZING THE TOWN MANAGER TO APPLY FOR AND EXECUTE AN AGREEMENT FOR GRANT FUNDS ON BEHALF OF THE TOWN FOR REPAIRS TO PARADISE DRIVE WHEREAS, the winter storms of December, 1995 caused damage to the roadway in certain areas of Paradise Drive near mile posts 9.15,9.16 and 9.25; WHEREAS, the California State Department of Transportation has federal funding available for use by local agencies for such emergency repairs; WHEREAS, the application for funding reimbursement requires the authorization of the Town Council to enter into an agreement, specifically "Program Supplement Agreement No. 007 to Local Agency-State Agreement No. 04-5388" for the project; NOW, TIffiREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town Manager is hereby authorized to execute the above agreement for emergency repairs to Paradise Drive near mile posts 9.15, 9.16 and 9.25. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on January 15, 1997 by the following vote:, AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: THERESE M. HENNESSY, MAYOR ATTEST DIANE L. CRANE, TOWN CLERK / , JAf'i 1)3 ?'3! 12: 25Pf<1 PlRCHt-iSIN.; P.24(!!:) PETE WILSON, GoVernor STATE OF CALIFORNIA - BUSINESS, TRANSPORTATION AND HOUSING AGENCY DEPARTMENT OF TRANSPORTATION STATE AND LOCAl PROJECT DEVELOPMENT PROGRAM P.O. BOX 942674. MS #1 SACRAMENTO. CA 9427HlOO1 TOO (~16) 854.4014 (91e) 654-3151 Fax: (916) 654-2409 December 17. 1996 File: 04-MRN-O- TBRN ER.2846(OOI) [N lHE CITY OF TIBURON ON PARADISE DR. PM 9.15, 9.16 & 9.25- DAFIt DGM-TIB-1 Mr. Robert L. Kleinert Town Manage!: City ofTibUIoll 1155 Tiburon Boulevard Tiburon, CA 94920 Ann: Siavash Mohammadi r. ;J' ,. ,. ILl .;, ~~':~' ,-, '~'\ i: ,;?=: ;-~.~\ . \,. .~', '4.;; .' .. v} ~ C,) II iI . ..= ~ W _ I 'j H-! l_.' :: , ~ :"::'. i,": ." .,' ..\(:::::~:I'~~ C:::FlCf:: .r....;':" '.' ;. :,(V,~ Dear Me Kleinert: Enclosed are two originals of Program Supplement Agreement No. 007 to Local Agency-Slate Agreement No. 04-5388 covering: Preliminary Engineering, Constroction Engineering, ConslrUction and FORCE ACCOUNT for the above-referenced proje.;t. Please sign both copies of this Agreement and return them to this office, Office ofl,ocaJ Programs. MSl. Alterations should not be made to the agreement languaie or funding. Atlach your local agency's certified authorizing resolution that clearly identifies the project and the official authorized to execute the agreement. A fully executed copy of the agreement will be returned to you upon ratification by Caltrans. Your prompt action is requested. No invoices for reimbursement can be processed until the agreement is fully execuled. If the agreement cannot be approved by your a~cncy within six weeks, please rerum it. A replacement Program Supplement Agreement will be resubmitted later when your agency submits a request. with the agreement check list form, indicating it is ready to proceed. Sincerely. 'fkd ~ L.... HP.R B REINL, Chief 'Vv.......offJCe of Local Programs Project Implemenlauon Enclosure cc: OLP AE Project Files (04) DLAE-- Herbert Ok-ubo 'W.'II Find a Way' .ll,G':'LRFED. ,R.x .- IhJi ,]8 ~7" 12:26P['1 PURCHHSlilG / PROGRAM SUppLEMENT NO. 007 to LOCAL AGENCY-STATE AGREEMENT FOR FEDERAL-AID PROJECTS NO. 04-5388 Date: Location: Project NWllber: B.A. Number: P.3/4 December 9, 1~~6 04-MRN-0-TBRN ER-2846 (001) 04-9;27781 This Progra~ sup?lement is hereby incorporated into the Local Agency-State Agreement for Federal Aid which was entered into between the Local Agency and the State on 06/13/77 and is subject to all the terms and conditions ~hereof. This P~ogram Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. , approved by the Local Agency on (See copy attached) . The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks set forth on the following pages. PROJECT TERMINX: IN THE CITY OF TISURON ON PARADISE DR. PM 9.15, 9.16 & 9.25 - DAF# DGM-Tib-l TYPE OF WORK: EMERGENCY OPENING/RESTORATION PROJECT CLASSIFICATION OR PHASE(S) OF WORK [X] Preliminary Engineering [] R~ght-of-Way [Xl Construction Engineering [X] Construction LENGTH: 0.0 (MILES) (X] FORCE ACCOUNT Estimated Cost I Federal Funds s 17100 09G $ $ 171001$ 0' Local Matehing Funds OTHER OTHER o $ o $ o STATE OF CALIFORNXA Department of Tran.portat~on sy Chief, Office of Local Programs Projeet Implementation Date Date Att.est Title I hereby Oe.."y upon my PUrSO...l i<_;)'~;"~ bud..t.. tund. ..e ...UoWe '0. th1. .n""........' Accounting Offi ci/l2!!! f"pr/~ - Date 1'2' 7" 9,k $ l7l00.00 Cbaplezl S~~~vt~. Z'loem , P~9W~1111l leel Fvnd .ource Ao"1ClJ:>IT 30; 19 '!I 5 .C60.lCl-UO 4~.30.~lO.'SO C %25000 S94-P :'7100.0:;1 Page _ cf 2 .- J~ 08 .'S7 12: 26Ft'1 P1_PCHHSli.J\; P.4e4 ./ 04:MRN-O-TBRN ER-2B46 (001) DATE: 12/09/96 SPECIAL COVENANTS OR REMARKS 1. The effective date of this agreement is 01/03/95 2. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of che aforementioned Master Agree~ent will be performed by che Local Agency at regular intervals or as reqUired fer efficient operation of the completed improvements. 3. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administraticn in the Federal-Aid Project Agreement (PR-2)/Detail Estimate, or its modification (PR-2A) or the FNM-76 , and accepts any increases in Local Agency Funds as sh:>wn on the Finance or Bid Letter or its modification as prepared by the Office of Local Programs. 4. Emergency repair work will be reimbursed at 100% if conpleted within 180 days from the end of the storm period. The storm period is Jant:ary 3,1995 through and including February 10, 1995. Local Agency reccrds must clearly identify those costs incurred on or after January 3, 1995. I;'lcurred costs are defined as disbursements made or in process for goods and services delivered. Amergency repair work completed after August 9, 1995 will be funded at the federal-aid reimburseme~t ratio of 88.53%. Restoration work, including preliminary engineering, will be reimbursed at an 86.53% ratio. The Local Agency will be responsible for the matching requirement. 5. The work eligible for Federal Reimbursement shall be performed by the Looal Agency either by using their own forces or by co~tract. The Local Agency must be ab~e to identify the costs incurred at each federally approved damage site and be st:bject to an audit for verification. 6. The Local Agency will advertise, award and administer t.his project in accordance with the current Lecal Program procedures or the new Looal Programs Manual, when issued. 7. In executi~g this program Supplemental Agreement, Local Agency hereby reaffirrr,s the "Nondiscrimination Assurances" contained in the aforementioned v,aster Agreement for Federal-Aid Program. 8. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the all:>wability of cost payments for each individual consuc.- tant or sub-contractor incurring over $25,OOC on the project. Tne audit report must state the applicable cost principles utili- zed by the auditor in deterlllinir>g allowable costs as referenced in CrR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 JAN-09-97 18,33 FROM,COTELLIGENT GROUP ID,415Q3SS878 STAFF REPORT TO: TOWN COUNCIL ITEM NO. <p JANUARY 15,1997 FROM: MAYOR HENNESSY SUBJECT: HARROMAN AGREEMENT BACKGROUN12 The Town Attorney, Jeny Riessen, Last Chance Committee, and I met on January 9, 1997 with John Collette regarding the approaching March 1, 1997 deadline to acquire the Harroman Property. It was the consenSUs that the Town should ask Judge Panner for a six month extension. ACTION To authorize the Mayor to request Judge Panner grant a six month extension. PAGE 2/2 TIe ~ No. ::r- RESOLUTION NO. .':'., ,..,., h 1,<, '" ~ ~--"h'ii. "". -< ""~..jli'" 14. i. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TmURON AMENDING RESOLUTION NO. 3202 APPROVING FIRST AMENDMENT TO THE AMENDED JOINT POWERS (AND COMMUNITY FACILITIES) AGREEMENT WHEREAS, the Town Council of the Town of Tiburon finds that the First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20,1993, dated January 1, 1997, a copy of which is attached hereto, will be beneficial to the residents ofthe Town of Tiburon; and WHEREAS, the Town Council passed and adopted Resolution No. 3202 at its December 16, 1996 special meeting, and now wishes to amend that resolution in order to include the final version of the First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993, dated January 1, 1997; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the final version of the First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993 is hereby approved, and the Mayor is authorized to sign the First Amendment and the Clerk is authorized to attest to its execution. PASSED AND ADOPTED at regular meeting of the Town Council of the Town of Tiburon on January 15, 1997, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: THERESE M. HENNESSY, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK rR1~~~D'W~[Q) DEe 3 0 1996 TOWN MANAGER'S OFFICE TOWN OF TIBURON [t]RRICK, HERRINGTON &: SUTCLIFFE LLP December 27, 1996 Direct Dial (415) 773-4129 Ronald Miska Marin County Open Space District Marin Civic Center 3501 Civic Center Drive San Rafael, CA 94903 Re: First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993 Community Facilities District No, 1993-1 (Old St, Hilary's Open Space) Dear Ron: Enclosed please find copies of the revised First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993, along with a blacklined copy marked to show changes from the December 4 draft. This version should be substituted for all earlier versions, including the one you distributed to the Town of Tiburon and City of Belvedere under cover dated December 16, 1996. The enclosed First Amendment now contemplates formation of a second community facilities district, in place of change and annexation proceedings, Because time has become short, I am also sending this First Amendment directly to the Town Manager of Tiburon and the City Manager of Belvedere for placement on the agenda of each entity's first January council meeting. I understand that Tiburon has already considered an earlier version of the First Amendment; in that event, the town council will have to reconsider this item. Each council should proceed to adopt the resolutions you provided to Bob Kleinert and Ed San Diego under cover dated December 16, 1996, Please call me if you need anything further at this time. cc: see attached list Old Federal Rese~ Bank Building . 400 $ansome Street . San Francisco, California 94111-3143 Telephone 415 392 1122 . Facsimile 415 773 5759 Los Angela . Ntw York . Sacramento . Silicon Valley . Singdpou . Washington_ D.C. MARIN COUNTY OPEN SPACE DISTRICT Community Facilities District No. 1993-1 (Old St. Hilary's Open Space) INTERESTED PARTIES LIST Robert L. Kleinert, Tiburon Town Manager Ann Danforth, Tiburon Town Attorney Edmund H, San Diego, Belvedere City Manager Frances M, Brigmann Supervisor Annette Rose Jerry Riessen, Last Chance Committee r ., .fII,/4KI5t> 'fP SIIaL<l C/lJWG€S ~111 1~/"/96 FIRST AMENDMENT TO THE AMENDED JOINT POWERS (AND COMMUNITY FACll..ITTRIi1) AGREEMENT OF JANUARY 20. 1993 This Agreement dated January 1, 1997, is between the Marin County Open Space District ("District"), the Town of Tiburon ("Tiburon"), the City of Belvedere ("Belvedere") and the County of Marin ("County"). This Agreement is the First Amendment to the Amended Joint Powers (and Community Facilities) Agreement between the same parties, dated January 20, 1993 (the "Original Agreement"). RECITALS Under the Original Agreement, Mello-Roos proceedings were conducted by the District, resulting in the creation of the District's Community Facilities District No. 1993-1 (the "CFD"). Following the formation of the CFD, an election was held, which was successful, thus authorizing the issuance of bonds and the levy of a special tax if an agreement could be reached for the purchase of any eligible property. Agreements were reached for the District to purchase the Terraces Property (all property names used herein are as defined in Exhibit A to the Resolution of Formation -- District Resolution No. 93-09, adopted March 9, 1993) and a portion of the Harroman Property, and bonds were issued. Tiburon, in a separate agreement, purchased another portion of the Harroman property (the "Subject Property") by means of a promissory note (the "Note") which it executed in favor of the seller, secured by a deed of trust on the Subject Property. The Note is due on March 1, 1997. If the Note is not paid when due, it may be foreclosed upon by the seller, and the Subject Property may be developed. The parties now desire to additionallv authorize .: the fonnation of a second communitv facilities district to be known as "Communitv FaciJities District 1997-1" or ("Cm No. 1997-1") to include all of the exi~iDl! cm as well as that oortion of the Town of Tiburon not now included in the CFD~ to ~ authorize the .: issuance of bonds ^. to authorize the levv of a special tax in CF.p No. 1997-1, and to .: specify the authorized pUlposes of': CFD No. 1997-1. It is proposed': that the': fmancing authority': of cm No. 1997-1 be narrower than the authorized DUrooses of the CFD. includ\1!& only: (1) fmancinl! the purchase by the District, from Tiburon, of': all or a oortion of the Subject Property, including making payment in part or in full on the Note; and (2) financinl! the purchase of': all or a oortion of the Martha Property': and/or the Martha Shores Property (collectivelv. the "Additional Prooertv") in the event that such orooertv is offered for sale bv the owner thereof. The': proceedings for fonnation of cm No. 1997-1, if to be successfully completed, will involve": an election within the territory of the oroDosed cm No. 1997-1 . Except as it may be amended and augmented by this Amendment, the parties intend that the Original Agreement remain in full force and effect. SF2.2S3149.2 {2S61799.2 to 2861799.4 redlined} ,. NOW THEREFORE, in consideration of the foregoing, it is hereby mutually understood and agreed as follows: Section I: mE RECITALS The above recitals are hereby adopted and approved. Section 2: mE DISTRICT (a) The District fmds that this Agreement will be beneficial to the residents of the District. (b) The District agrees to provide real estate services and to pay 50 % of the Initial Costs (as defmed in the Original Agreement, but as applied to the ~ formation of CFD No. 1997-1). (c) The District agrees to conduct:: proceedings for the formation of CFD No. 1997-1 under the Mello-Roos Community Facilities Act of 1982, including the conduct of an election ~ and ,: the issuance of': bonds if the election is successful, all for the purpose of raising funds for the acquisition of the Subject Property and the Additional ProDertv. The District will look to a local task force to take the lead in fonnulating the structure of the proposed Mello-Roos .: ballot measure. Section 3: TIBURON (a) Tiburon fmds that this Agreement will be beneficial to the residents of Tiburon. (b) Tiburon agrees to pay 40% of the Initial Costs (as defmed in the Original Agreement, but as applied to the': formation of CFD No. 1997-1l. (c) Tiburon agrees to provide representatives to a local task force which will take the lead in fonnulating the structure of the proposed .: Mello- Roos ballot measure, and to accept participation on the task force by representatives of Belvedere as well as representatives of the District and the County. (d) Tiburon consents to the conduct by the District, within the corporate limits of Tiburon, of the proposed Mello-Roos :: proceedings~ including the conduct of the election and, if the election is successful, the annual levy of': ! special tax within the boundaries designated': and according to the rate or rates designated;: in those': proceedings. (e) Tiburon agrees to sell to the District all or any portion of the Subject Property in exchange for the payment in full or in proportionate part, by the District, of the Note. SF2-2S3149.2 {2S61799.2 to 2561799.4 redlined} 2 r Section 4: BELVEDERE (a) Belvedere fmds that this Agreement will be beneficial to the residents of Belvedere. (b) Belvedere agrees to pay 10% of the Initial Costs (as defmed in the Original Agreement, but as applied to the ~ fonnation of CFD No. 1997-1). (c) Belvedere agrees to provide representatives to a local task force which will take the lead in formulating the structure of the proposed Mello-Roos ballot measure, and to accept participation on the task force by representatives of Tiburon as well as representatives of the District and the County. (d) Belvedere consents to the conduct by the District, within the corporate limits of Belvedere, of the proposed Mello-Roos ~ proceedings including the conduct of the election and, if the election is successful, the annual levy of: l! special tax within the boundaries designated: and according to the rate or rates designated: in those : proceedings. Section 5: TIlE COUNTY (a) The County fmds that this Agreement will be beneficial to the residents of the County . (b) The County consents to the conduct by the District, within the unincorporated area of the County, of the proposed Mello- Roos : proceedings including the conduct of the election and, if the election is successful, the annual levy of :: ! special tax within the boundaries designated': and according to the rate or rates designated': in those proceedings. (c) The County may designate a representative, or a reasonable number of representatives, who are residents of the unincorporated area of the County in the vicinity of the proposed open space, to serve on the local task force. The County may also designate a staff representative to the task force. MARIN COUNTY OPEN SPACE DISTRICT President of the Board of Directors Attest: Frances M. Brigmann, Secretary [signatures continue on next page] SF2-2S3149.2 {2S61799.2 to 2561799.4 rcdlined} 3 r [continuation of signatures of First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993] Approved as to form for the Marin County Open Space District: Thomas Hendricks, County Counsel TOWN OF TIBURON Mayor Attest: Diane Crane, Clerk Approved as to form: Ann Danforth, Town Attorney CITY OF BELVEDERE Mayor Attest: City Clerk Approved as to fonn: City Attorney [signatures continue on next page] SP2-2S3149.2 {2S61799.2 to 2861199.4 redlined} 4 "" [continuation of signatures of First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993] COUNTY OF MARIN Attest: Chairman of the Board of SupeIVisors Diane Sauer, Clerk of the Board Approved as to form: Thomas Hendricks, County Counsel SF2-2S3149.2 {2S6t799.2 to 2561799.4 rcdlincd} 5 ., " FIRST AMENDMENT TO THE AMENDED JOINT POWERS (AND COMMUNITY FACILITIES) AGREEMENT OF JANUARY 20. 1993 This Agreement dated January I, 1997, is between the Marin County Open Space District ("District"), the Town of Tiburon ("Tiburon"), the City of Belvedere ("Belvedere") and the County of Marin ("County"). This Agreement is the First Amendment to the Amended Joint Powers (and Community Facilities) Agreement between the same parties, dated January 20, 1993 (the "Original Agreement"). RECITALS Under the Original Agreement, Mello-Roos proceedings were conducted by the District, resulting in the creation of the District's Community Facilities District No. 1993-1 (the "CFD"). Following the fonnation of the CFD, an election was held, which was successful, thus authorizing the issuance of bonds and the levy of a special tax if an agreement could be reached for the purchase of any eligible property. Agreements were reached for the District to purchase the Terraces Property (all property names used herein are as defmed in Exhibit A to the Resolution of Fonnation -- District Resolution No. 93-09, adopted March 9, 1993) and a portion of the Harroman Property, and bonds were issued. Tiburon, in a separate agreement, purchased another portion of the Harroman property (the "Subject Property") by means of a promissory note (the "Note") which it executed in favor of the seller, secured by a deed of trust on the Subject Property. The Note is due on March 1, 1997. If the Note is not paid when due, it may be foreclosed upon by the seller, and the Subject Property may be developed. The parties now desire to additionally authorize the fonnation of a second community facilities district to be known as "Community Facilities District 1997-1" or ("CFD No. 1997-1 ") to include all of the existing CFD as well as that portion of the Town of Tiburon not now included in the CFD, to authorize the issuance of bonds, to authorize the levy of a special tax in CFD No. 1997-1, and to specify the authorized purposes of CFD No. 1997-1. It is proposed that the financing authority of CFD No. 1997-1 be narrower than the authorized pUIJlOses of the CPO, including only: (I) fmancing the purchase by the District, from Tiburon, of all or a portion of the Subject Property, including making payment in part or in full on the Note; and (2) financing the purchase of all or a portion of the Martha Property and/or the Martha Shores Property (collectively, the "Additional Property") in the event that such property is offered for sale by the owner thereof. The proceedings for fonnation of CFD No. 1997-1, if to be successfully completed, will involve an election within the territory of the proposed CFD No. 1997-1. Except as it may be amended and augmented by this Amendment, the parties intend that the Original Agreement remain in full force and effect. NOW THEREFORE, in consideration of the foregoing, it is hereby mutually understood and agreed as follows: SF2-6 t 799.4 " ... Section 1: THE RECITALS The above recitals are hereby adopted and approved. Section 2: THE DISTRICT (a) The District finds that this Agreement will be beneficial to the residents of the District. (b) The District agrees to provide real estate services and to pay 50 % of the Initial Costs (as defined in the Original Agreement, but as applied to the formation of CFD No. 1997-1), (c) The District agrees to conduct proceedings for the formation of CFD No. 1997-1 under the Mello-Roos Community Facilities Act of 1982, including the conduct of an election and the issuance of bonds if the election is successful, all for the purpose of raising funds for the acquisition of the Subject Property and the Additional Property. The District will look to a local task force to take the lead in formulating the structure of the proposed Mello-Roos ballot measure. Section 3: TIBURON (a) Tiburon finds that this Agreement will be beneficial to the residents of Tiburon. (b) Tiburon agrees to pay 40% of the Initial Costs (as defmed in the Original Agreement, but as applied to the formation of CFD No. 1997-1). (c) Tiburon agrees to provide representatives to a local task force which will take the lead in formulating the structure of the proposed Mello-Roos ballot measure, and to accept participation on the task force by representatives of Belvedere as well as representatives of the District and the County. (d) Tiburon consents to the conduct by the District, within the corporate limits of Tiburon, of the proposed Mello-Roos proceedings, including the conduct of the election and, if the election is successful, the annual levy of a special tax within the boundaries designated and according to the rate or rates designated in those proceedings. (e) Tiburon agrees to sell to the District all or any portion of the Subject Property in exchange for the payment in full or in proportionate part, by the District, of the Note. Section 4: BELVEDERE (a) Belvedere finds that this Agreement will be beneficial to the residents of Belvedere. SF2-6I799.4 2 '. .' (b) Belvedere agrees to pay 10% of the Initial Costs (as defmed in the Original Agreement, but as applied to the formation of CFD No. 1997-1), (c) Belvedere agrees to provide representatives to a local task force which will take the lead in formulating the structure of the proposed Mello-Roos ballot measure, and to accept participation on the task force by representatives of Tiburon as well as representatives of the District and the County. (d) Belvedere consents to the conduct by the District, within the corporate limits of Belvedere, of the proposed Mello-Roos proceedings including the conduct of the election and, if the election is successful, the annual levy of a special tax within the boundaries designated and according to the rate or rates designated in those proceedings. Section 5: mE COUNTY (a) The County finds that this Agreement will be beneficial to the residents of the County. (b) The County consents to the conduct by the District, within the unincorporated area of the County, of the proposed Mello-Roos proceedings including the conduct of the election and, if the election is successful, the annual levy of a special tax within the boundaries designated and according to the rate or rates designated in those proceedings. (c) The County may designate a representative, or a reasonable number of representatives, who are residents of the unincorporated area of the County in the vicinity of the proposed open space, to serve on the local task force. The County may also designate a staff representative to the task force. MARIN COUNTY OPEN SPACE DISTRICT President of the Board of Directors Attest: Frances M. Brigmann, Secretary [signatures continue on next page] SF2.61799.4 3 " [continuation of signatures of First Amendment to the Amended Joint Powers (and Community Facilities) Agreement of January 20, 1993] Approved as to fonn for the Marin County Open Space District: Thomas Hendricks, County Counsel TOWN OF TIBURON Attest: Mayor Diane Crane, Clerk Approved as to fonn: Ann Danforth, Town Attorney CITY OF BELVEDERE Attest: Mayor City Clerk Approved as to fonn: City Attorney [signatures continue on next page] SF2-61799.4 4 TOWN OF TIBURON STAFF REpORT To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER NEW TOWN HALL January 15, 1997 ITEM NO. ? A) STATUS OF FURNITURE BID PACKAGE AND CONTRIBUTION UPDATE . The furniture bid package will be available for bidders on Monday, January 13. The opening of bids is scheduled for January 27. . Four office furniture vendors have expressed an interest in the bid program. Public notice has also been provided in The Ark for possible other bidders. . The most recent estimate of furniture and furnishing contributions to the Town is approximately $40,000. . Some furniture is being purchased in advance by the Town because of special close-out sales. . The final fee for professional interior design services is being negotiated due to certain increased scope of work requirements during the design period. B) GRAND OPENING . Early April remains the target date for the grand opening. A special committee consisting of former officials and interested parties is now being assembled. R.L. Kleinert TOWN OF TIBURON STAFF REpORT ITEM NO. I To: From: Subj eet: Date: TOWN COUNCIL TOWN MANAGER NEW POLICE FACILITY - POLICY DECISIONS January 15, 1997 BACKGROUND As directed by the Town Council, the grant application is scheduled to be submitted to the State on Monday, January 13, just prior to the deadline. The State's final response or determination is not anticipated until July. However, it is possible the Town would receive "short-list" notification, possibly within 2-3 months. For the Council's information, a copy of page ] ] - I from the State Grant Application booklet is attached which shows that "retrofitting or replacing local government essential service, emergency and public safety building" is permitted in the grant application. There remains certain policy decisions for Council relating to the police building program. They are generally outlined in Councilmember Wolfs January 6 memo to the Town Manager and previously copied to the Town Council. Specifically, they are: A) EOC location and size - (Vice Mayor Thayer of the Belvedere-Tiburon Joint Disaster Advisory Council will give a report.) B) Holding Cells Issue C) Lieutenant's Office The proposed police program discussed at the January 2 meeting consisted of approximately 7,200 square feet. This included all of the above program areas, however, some of the areas are perhaps larger than desired by one or more Councilmembers. The new police building design and construction schedule must be coordinated with the Senior Housing Advisory Committee's efforts relating to the.Senior Housing at Ned's Way. It is the Building Advisory Committee and Staff goal to ensure that only one relocation of police operations will be required. EXHIBITS --Councilmember Wolfs Memos re: Police Building Program Changes - 1/6/97 --Specific Ballot Wording for Measures J & K, Resolution No. 3097 --Councilmember Wolfs Police Building Program Comparisons - 1/2/97 --Excerpts from State Grant Qualification Booklet JAt-~~06 -'3'7 MOI-~ 63: 26 Pt'1 GEORGE. HAL L. CHECK. S I X 415 383 4935 ~Ol [i.'\',' ,"'.'1 '-'-'j'" 'l.'-'-~ Ij ~;.--~ . January 6, 1997 ';","\, lJ u. , ;L).' , " " . qnn ,."j .JAr: l, ~. I ~ 'II To: Bob Kleinert """,' .~, --~ .',' OFFICE TO' 'I~ ,,,,I,,, .....,\:,"\ '" '(~,j: ..,.~ --'C' r\N >'";"'''''''';-:'1' r",'-:: ;1,)URv l\./i,; '_,1\ .,- From: Nicky Wolf Re: Changes in Police Building Program ORIGINAL To clarify and summarize where I think we are now: Some of the changes can be discussed on a point by point basis by the Town Council without further input, e.g. whether or not the Lieutenant should stay in the Sergeants office. Sone of the changes require additional input, e.g. how large an EOC room is needed and are there options for its location? That can be left to the TPJDAC. On the issue of Detox cells, etc., I would like to have someone credible from County Jailor Department of Corrections come to answer questions on the responsibilities we undertake when we hold a person. Please understand, I am not questioning at all bringing a person in for processing, i,e. fingerprinting, breatholizer, etc. What I need clarification on is where is the line between "processing" and "hOlding", and is it wise to cross it? Chief Herley stated that we hold someone while processing to avoid the County booking fee and to avoid taking an officer out of the city. Processing and release, however, does not eliminate the booking fee. Per the Sheriff's department, we pay the fee when the person is arraigned if they were not previously booked into County. Although it is understandably preferable to not take an officer out of town, there is no time saved if an officer's primary function becomes custodial. Add to that the low number of bookings, the fact that a woman cannot be held unless there is a woman officer present, and the potential liability for medical care, We should be careful in evaluating where the line is and whether we should cross it. ~;ease copy other council members, Thank you. -- ~ } RESOLUTION NO. 3097 F A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN AND FOR THE TOWN OF TIBURON, STATE OF CALIFORNIA, ON THE 6th DAY OF JUNE 1995, FOR THE PURPOSE OF DECIDING MEASURES ".T". "K" & "L". LOCATION AND FUNDING OF NEW TOWN HALL AND POLICE FACILITIES , WHEREAS, the Town Council of the Town of Tiburon did heretofore order an election to be held withiJ.1 the Town of Tiburon on the 6th day of June, 1995, for the purpose of deciding: M";AfV ~ t ,rW'.:;( {YIt-~ ~ ti "Shall the Town of Tiburon enact an ordinance speciJying that a new To\m administration facility be build adjacent to the proposed new library in downtmm Tiburon and that a new Town police facility by build at Ned's Way?" (Measure "J"); ... i, ... "Shall the Tmm ofTiburon enact an ordinance requiring the sale of a portion of the existing Tmm Hall property at Ned's Way for use as a senior housing project with the proceeds of the sale being used for the construction of new Town administration and police facilities?" (Measure "K"); - - . :~: "Shall the Town of Tiburon enact an ordinance specifying that the existing Tmm administration building be rebuilt and a new community meeting facility be constructed using existing funds and that a new police facility be constructed using existing funds and future accrued savings, all at Ned's Way?" (Measure "L") WHEREAS, said election was held pursuant to the requirements of the Government Code and the Elections Code of the State of California; and WHEREAS, this Town Council of the Town of Tiburon has, pursuant to Section 22932 of the Elections Code of the State of California, canvassed the returns from said elections, ! I r NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND DECLARED as follows: 1. That the whole number of ballots cast in the Tonn of Tiburon in said election were in the precincts and absentee ballots; l, 2. That this Council hereby finds that the number of \'otes cast in said election for Ballot Measures "J", "K", and "L" were as follows: -l Hal Edelstein Council Revised 12/18/96 Possible Start Program Deletions Program Diagram Start Program 1/18/93 Jul '94 I/J&K Notes P1 Chief 170 170 170 170 P2 Captain/L!./Admin. Sg!. 150 (150) 0 124 0 P3 Conference Room 120 (120) 0 135 0 P4 Admin/Secy 150 150 70 70 P5 Sergeants Office 312 312 288 325 2 P7 Detective's Office 220 220 173 220 P9 Interview A 80 80 79 80 P10 Interview B 120 120 108 120 P11 Storage/Future Office 180 (180) 0 75 0 P12 Bookin g/l D IFin gerprintlBreath 125 125 243 190 3 P14 HoldinglBooking Cells (2) 80 80 114 80 4 P15 Scientific Analysis Lab 50 50 153 80 3 P16 EOCrrraining/Conference 500 500 754 500 5 P17 Reception/Data Clerk 150 150 175 100 1 P18 Records 120 120 102 120 P19 Lobby 124 124 213 124 P21 Briefing/Report 225 225 288 225 P22 Work/Copy/Supply 120 120 70 120 P23 Female Restroom/Showers/Lckrs 285 285 363 285 6 P24 Male Restroom/Showers/Lockers 380 380 363 380 6 P25 Staff Lounge/Kitchen 200 200 168 200 P27 Evidence/Property Storage 600 600 395 600 P28 Gun Armory 50 50 100 100 3 P29 Uniforms 55 55 0 0 P30 Supply Room (Reports/Clerical) 200 200 122 200 Public Restroom 45 45 55 55 Administration Restroom 104 Elevator & Equip. 63 63 Electrical/HVAC Equipment 58 58 Janitorial 106 4 Computer Network 70 Detox Cell 120 4 EOC Storage 0 91 5 i1 Total Net 4,811 4,361 5,512 4,465 . Total Gross 6,254 5,669 7,365 _ 5,805 Gross/Net Ratio 30.0% 30.0% 33.6% 30.0% Enclosed Generator Outside 150 200 150 Enclosed Outside Storage ??? 1 Reduce to space similar to Administration Building 2 Capacity 4 desks w/ guest chair each & computer station per original RM program 3 Per Original RM Program 4 Pending Review of Implications of Operating Holding & Detox Cells 5 Pending Review of Jl. Disaster Council 6 Women's capacity 12, Men's capacity 21, per original RM program G='Ro~ 1J1C.\<.'t' Wo L F ') [";' r-"'-' -;;,--, rc-:;;) r~~r.~ I" . "~ill I "I 'I rl' 1 .' ~., " 9 < ~(': , . I I \"l ,''.I 1 I) ~ I.........' \'. "'j' , . , . : ~ j ...--.. ---, l' .~ '.: ..', ,,,,oj' "I : J I '-~' oj ~..JI-.- '- __:- \..J ~ ------------------------ - . .-- --==: ....\ : - - -~ ---i I ., , IMPLICATIONS OF BUILDING HOLDING/DETOX CELLS (Source: . t.. ?~ ! Department of Corrections Regulations) . :j,: ~ '.1 ! Defined in the Penal Code, at section 6029, is the -f- _:; I ) ! requirment that the Board of Corrections review and approVe J! plans for constructing or remodeling every place of -- --~.-~c-:; : detention of persons charged, if those plans cost in excess "--~ I of $15 thousand dollars. NTemporary Holding FacilityN means a local detention facility constructed after l/l/78, used for the confinement 'of persons for 24 hours or less pending release, transfer to another facility, or appearance in court. See attached list of Regulations. Title 24 refers to physical plant. Title 15 Regulations refer to operations. 1027. NUMBER OF PERSONNEL. A sufficient number of personnel shall be employed in each local detention facility to permit intermittent, direct visual supervision of all inmates and to ensure the implementation and operation of the programs and activities required by these regulations. There shall be a written plan that includes the documentation of routine safety checks. Whenever there is an inmate in custody, there shall be at least one employee on duty at all times in a local detention facility or in the building which houses a local detention facility who shall be immediatiely available and accessible to inmates in the event of an emergency. Such an employee shall not have any other duties which would conflict with the supervision and care of inmates in the event of an emergency. Whenever one or more female inmates are in custody, there shall be at least one female employee who shall in like manner be immediately available and accessible to such females. Guidelines: These minimums are generally a concern to small Type I, temporary holding and court holding facilities that may at times have few, if any, inmates in custody. Once an inmate enters the facility, the responsibility exists to properly staff the facility to the level that it can operate in compliance with minimum jail standards. Two very important things to keep in mind when considering staffing patterns are: first, the issue of routine safety checks of inmates and emergency response, and secondly training of personnel, particularly those with multiple responsibilites. Take for instance...a patrol person who leaves the building to continue patrol. Staff fail to meet the standard if he or she is not immediatiely available to the jail for custodial functions. An agency cannot bring someone in from off-site, or expect personnel to primary function, to check on people in custody. case the jail is not properly staffed. leave a In either While it may be necessary in some small agencies, relying on staff with multiple responsibilities is a questionable practice and one which should be avoided. Please note that this regulation calls for direct visual supervision of all inmates. "Direct visual supervision" means through the eyes of a person, not through the lens of -a camera: audio-visual monitoring is not what is intended here. 1056. USE OF DETOXIFICATION CELL. The detoxification cell described in Title 24, Section 2-l013(b)3. shall be used for the holding of inmates who are a threat to their own safety or the safety of others due to their state of intoxication...Such inmates shall be removed from the detoxification cell as they are able to continue in the processing. ...Intermittent direct visual observation of inmates held in the detoxification cell should be conducted no less than eVery half hour. The facility administrator is responsible to develop pOlicies and procedures governing the use of the detoxification cell. This should be done in cooperation with the health authority, as there are significant medical concerns which need to be taken into consideration. Section 1213 requires that the responsible physician develop policies and procedures to alert staff to people who are too inebriated, or medically too fragile, to be admitted to the detention facility and should be referred immediately to a medical facility. Because some drug and alcohol related illnesses are potentially life threatening, monitoring inmates in detoxification cells is especially important, as is training for both medical and custodial personnel in recognizing mild to moderate intoxication, more serious intoxication or withdrawal and deteriorating conditions. 1200. RESPONSIBILITY FOR HEALTH CARE SERVICES. In court holding and temporary holding facilities, the facility administrator shall have the responsibility to develp written policies and procedures which ensure provision of emergency health care services to all inmates. ADDITIONAL INFORMATION (Souce: Sheriff's department) Tiburon Bookings at County: 1995 - 69 or average of 1.3/week *1996 - 75 or average of 1.4/week *thru Dee 30 A "booking" in Tiburon does not substitute for booking at County. Sooner or later, the person charged must be booked at County and the fee paid. Not yet verified, San Rafael has deactivated its holding . 'cells due to the onerous nature of operating them. ~ x == Applicable WA ;, When Applicable (dependent upon Operational characteristics of the facility." TI11..E 24, PART 1, SECTION 13-102 ~ PlANNING AND DESIGN REGULATIONS MINIMUM STANDARDS FOR LOCAL DETENTION FACILITIES TABLE I APPUCABILlTY TO EACH FACILITY lYPE. COURT TEMP TYPE lYPE TYPE TYPl REGULATION HOLD HOLD I n III rv 13-I02(c)1. X X X X X X Letter of Intent 13-102( c)l. . X X X X Needs Assessment . 13-102(c)3. X X X X X X Program Statement 13-102(c)4. \VA WA Existing Buildings 13-102( c)5. X X X X X X Plans and Specifications 13-102( c )6. X X X X ~ X Design Requirements - 13-102( c )7. {Section 1007/ X X X X X X Alternate Means of Compliance X X I 13-102( c)8. [~Wion 100S} X X X X I Pilot Project . I . . , 27 8/5/94 " - !~,' ......... COURT TEMP TYPE TIPE TYPE T REGULATION HOLD HOLD I n ."ID 470A.2.11 {Article 6J X X Corrections Program/ . Multipurpose Space 470A.Z.12 {Article 10J X X Medical Examination Room - - 470A.2.13 {Article 10J WA WA WA X X , Pharmaceutical Storage Space 470A.2.14 [Article 10] WA WA Medical Care Housing 470AZ,15 {Section 1267} X X Hair Care Space 470A2.16 {Section 1043 J X X Commissary 470A.2.17 {Article 11/ X X Dining Facilities 470A2.18 {Section 1062} X X X Visiting Space 470A.2.19 {Secrion 1032J X X X X X Safery Equipment Space 470A.2.20 {Section 1280J X X X X X Janitor Closet . 470A.2.21 WA WA WA X X - - [Articles 10.11,12,13J Storage Rooms 470A.2.22 . {Am'de 5J X X X X WA Audio/Video Monitoring System 470A.2.23 . . . {Anicles 12.13J . Laundry Facilities 470A.1.1-1 {Secrion 1032J X X X X X EmergenL'Y Power 470A.2.25 [Article 10J X Confidemial Interview Rooms 470A.2.16 {See/ion 1068J X X X X X Attorney Imerview Space 470A.3.1 X X X X X Water Closets/Vrina!s 29 . -'.'..,":":~': .... II~/!I' T t,...l.-E I~ I051, Communicable Diseases 1052, Mentally Disordered Inmates 1053, Administrative Segregation 1057, Developmentally Disabled Inmates 1058, Use of Restraint Devices 1068, Access to Courts and Counsel Title 24, Section 13-102(c)l, Letter of Intent Title 24, Section l3-102(C)3, Program Statement Title 24, Section lJ-102(c)5, Submittal of Plan~ and Specifications Title 24, Section 13-l02(c)6C, Design Requirements Title 24, Section 2-470A.2, Design Criteria for Required Spaces Title 24, Section 2-470A.2.J, Design Criteria for Furnishings and Equipment l200, Responsibility for Health Care Services 1218, Inmate Deaths 1219, Suicide Prevention Program 1220, First Aid Kit(s) 1246, Food Serving 1280, Facility Sanitation, Safety, Maintenance ~w (c) Temporary holding facilities shall comply with the following regulations: (1) (2 ) (3) (4) (5) (6) (7) (8 ) (9) (10) (11) (12) (13) (14 ) (15) (16) (~7 ) (18 ) (19 ) (20) (21 ) (22) (23) (24 ) (25) ( 26) (27 ) (28) (29) errcc","C XpwmMf J, l~ 1012, Emergency Suspensions of Standards or Requirements 1024, Court Holding and Temporary Holding Facility Trainins 1027, Number of Personnel 1028, Fire and Life Safety Staff 1029, Policy and Procedures Manual 1032, Fire Suppression Preplanning 1040, Population Accounting 1043, Inmate Welfare Fund - Accounting 1044, Incident Reports 1050, Classification Plan 1051, Communicable Diseases 1052, Mentally Disordered Inmates 1053, Administrative Segregation 1057, Developmentally Disabled Inmates IG53, use of Restraint Devices 1067, Access to Telephone 1068, Access ~o Courts and Counsel Title 24, Section 13-I02(9)~, Letter of Intent Title 24, Section 13-102(c)3, Program statement Title 24, Section 13-1G2(c)5, Submittal of Plans and Specifications Title 2., Section 13-102(c)6C, Design Requirements Title 24, Section 2-470A,2, Design Criteria for Required Spaces Title 24, Section 2-470A.3, Design Criteria for Furnishing' and Eq'Jipment 1200, Responsibility for Health Care Services 1207, Medical Receiving Screening 12C9, Transfer to Treatment Facility 1212, Vermin Control 1213, Detoxification Treatment 1218, Inmate Deaths 8 Slate 01 ::aliJomia Departmenl 01 General Services Office ollhe State Architect Seismic Programs Section Introduction Earthquake Safety and Public Buildings Rehabilitalion Bond Act of 1990 f Background The Earthquake Safety and Public Buildings Rehabilitation Bond Act of 1990 (Bond Act) provides $300 million in general obligation bonds for the reconstruction, repair, replacement, relocation or retrofitting of seismically deficient state and local government buildings. The Bond Act provides $250 million for program administration and retrofitting or replacing state-owned buildings and $50 million for program administration and retrofitting or replacing local government essential service, emergency and public safety buildings. The Department of General Services, Office of the State Architect (OSA) is designated as the state agency responsible for administrating the requirements of the Bond Act. OSA held public hearings during March 1992 to explain the Local Government Program and to solicit assistance in developing criteria. Priority and Funding The local government project funding will be available for the costs of retrofitting, reconstruction, repairing, replacing or relocation of seismically deficient essential service, emergency and public safety local buildings. The first priority for distribution of program funds will go to projects located in Seismic Zone 4, San Diego and Sacramento counties. Seismic rehabilitation is the only portion of a project that is eligible for funding. The abatement of falling hazards will be the first consideration followed by buildings or facilities for which partial, localized or phased seismic retrofits will significantly reduce collapse hazards with minimal disruption, and then all other buildings requiring seismic retrofit. To be eligible for Bond Act funds, local governments participating in the program are required to provide at least 25 percent of the project's seismic retrofitting cost, and have determined no other state or federal funding source opportunities are available. The local government Bond Act fund allocation goal is as follows: 1) 20 percent for rural projects; 2) 79 percent for urban projects; and 3) 1 percent reserve. Unused funds from item one may be used for item two projects, Purpose The primary purpose of the Bond Act is to make funds available for the costs of retrofitting, reconstruction, repairing, replacing or relocating seismically deficient essential service, emergency and public safety buildings. Local governments play an important role in emergency response operations during and following an earthquake; therefore, it is necessary to retrofit those essential service and public safety buildings which could become non-operational or pose serious threats to life and are critical to carrying out the Agency's emergency plan. Local Government Handbook Earthquake Safely and Public Buildings Rehabilrtation Bond Act of 1990 11-' April 7, 1993 GRANT INFORMATION (Source: State of California, Office of Design Services, seismic Program) 1. $50 million was made available to local governments for seismic retrofitting of Essential Services and Public Safety buildings by Prop 122 in 1990. 2. In 1994, l13 projects were selected. 3. In July of 1996, DSA began accepting applications for the remaining unspent or potentially unspent funds. The amount is expected to be approximately $5 million. There are 192 application requests out, including one to TFD for seismic retrofitting of station 10, at Paradise & Trestle Glen. f 4. The is for seismicall retrofittin existin faci lties. T e mone re u or selsmlC re rofltting may be applied to a new structure (with approva rom D 5. The application must incude plans or an engineers report and estimates for seismic retrofitting of existinq facility. Plans for a new facility should be included if available. If not, they should be submitted as soon as possible. 6. Under no circumstances can the State pay over 75% of the approved construction costs, for a new building or a retrofit. The program is for seismic retrofittinq onlY. Prop 122 encourages other work to be done at the same time, but will not pay for it. Adamson costed out "load bearing walls, columns & bracing" at $6.90/sf. The cost for the entire existing police facility would come to $29 thousand. The estimate for retrofitting station 10 is $34 thousand. 7. Projects are ranked, with EOCs given priority over Essential Services Buildings. Only that portion of retrofit which is used as an EOC qualifies for priority ranking, not the entire building. 8. If a request for a significant amount of money could be justified, it would probably eliminate any chance that Station 10, a "critical facility" according to the emergency "Basic Plan" page 60, would be able to obtain funding, f. :-: ..-, .......,:, r r"-'. r-, .. ,... ".' P''', i ~ . r ~ ,.. .:" ;. ..... ,-j.:.j l L! .,.~~:.J~" U'01 JAil 0 2 'i~;.? j:j I':: F/UoM /\lIClt'l' WOI." !.I L!~ \::n..::; D-U C; l d -----------------------. :#= ;0 TOWN OF TIBURON STAFF REPORT TO: TOWN COUNCIL MEETING DATE: JANUARY 2, 1997 +- 'SMJAlV (S', 119'1- FROM: TOWN ATIORNEY SUBJECT: ADOPTION OF AMENDMENTS TO COUNTY ANIMAL CONTROL ORDINANCE ----------------------------------------------------------------------------------------------------------------------- BACKGROUND AND ANALYSIS The Town of Tiburon has previously adopted by reference the County of Marin's animal control ordinances in their entirety, as have all other cities and Town's in Marin County. The principal effects of the amendments are (i) increased dog license fees and penalties; (ii) a stipulation that quarantine fees be paid within 60 days or be subject to penalties; and (iii) an expansion of certain procedures applicable to vicious dogs to dogs found to be dangerous. The County has requested that all Marin jurisdictions adopt the changes as soon as possible, to allow Animal Control Services to implement the increased fees. RECOMMEND A TION It is recommended that the Council: 1) conduct a public hearing on this matter; 2) by motion read the ordinance by title only; and, 3) pass first reading of the ordinance by roll call vote. Because of the statutory requirements for adoption of an ordinance by reference, the Town Clerk should be directed to notice the second reading of the ordinance as a public hearing by publishing notice, EXHIBITS 1. Draft Town Ordinance 2. Memorandum from the Marin County Administrator's Office 3. County Ordinance . ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING BY REFERENCE THE AMENDED ANIMAL CONTROL REGULATIONS OF TITLE 8 OF THE MARIN COUNTY CODE INCLUDING SECTION 804 179 PERTAINING TO ANIMAL NOISE The Town Council of the Town of Tiburon does ordain as follows: SECTION I. Section 20-1 of the Tiburon Municipal Code is hereby amended to read as follows: Section 20-1 Adqption of County Code Pursuant to Government Code Section 50022.9, the Marin County Animal Control Regulations set forth in Title 8 of the Marin County Code as Chapters 8.04, 8.08 and 8.12, including all current amendments thereto, are adopted by reference and shall be in full force and effect within the Town of Tiburon with the following exception: all references in Marin County Code Section 8.04.179 to the Marin County Sheriff shall be deemed to refer to the Police Chief of the Town of Tiburon. SECTION 2. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase. thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 3. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty days after the date of passage, and before the expiration of fifteen (15) days after passage by the Town Council, a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on January _' 1997, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 1997, which was noticed pursuant to Government Code Section 50022,3, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: THERESE M. HENNESSY, MAYOR Town of Tiburon DIANE CRANE, TOWN CLERK drafted 12/5/96 2 LAST CHANCE COMMITTEE JjeM ~. JL Terry Hennessy Mayor Town of Tiburon [R1~(-~~U~~[Q)December 19, 1996 DLe ~ 0 1996 TOWN MAI~AGER'S OFFICE TOWN OF TIBURON Dear Terry: The Last Chance Committee to Save Old St. Hilary's Open Space has "one more chance." Little did we dream three years ago that we'd actually have a chance to buy all of the Harroman property. We do, but we're on a time deadline to raise the money to get the job done. A b6'nd issue is the likely vehicle. And there are many strategic choices (see enclosed brochure) which is why we are making this request of the Tiburon Council to help us. The Last Chance Committee has engaged the services of a research company, Hamlin & Hamlin, who have a proprietary and highly predictive approach to assessing voter attitude and behavior. We believe we need such an assessment before committing to a bond issue, now tentatively slated for early June 1997. The cost of the survey is just under $12,000. We are asking four entities to shilre Ihis cost (''luillly. The County Open Space District h.-.s pledg('d $:1,()()(). Till' I.ilsl CililllCC' COlllmillee 1\.1S plcdgl'd $3,000. We are asking Belvedere and Tiburon to each do the same. Can we count on your help? _ycere~ -~ith Last Ch.-.ncc Committee cc: Bob Kleinert Meeting: Item No: To: January 15, 1997 -1'2---- J' "-'-::" of T",& ~ :;.~" "'~ 'OE' 0 ,'J..., :,., ~' 'it. -~. ~:t/",~ .,~<:: ~,I. (> {' ",;!." ~,.., ''';-'1 ~ ....<...:f;."'-,'.!f'~,:; ;,,>~rJ,'" ~' Ol?""~,~_- \~(.."'''.. . TOWN OF TIBURON STAFF REPORT From: TOWN COUNCIL RICHARD STRANZL, FINANCE DIRECTOR MID-YEAR FINANCIAL REPORT AS OF DECEMBER 31, 1996 Subject: Back2round: This report provides summary narrative and financial information concerning the General Fund Operating Budget, Capital Improvement Program Status, and Fund Resources of the Town for fiscal year 1996-97, through the quarter ended December 31, 1996, and estimated to closing on June 30, 1997 Summarv: 1. Staff currently projects that the Operating Budget will realize a $30,000 surplus by fiscal year-end: Accounting for PERS Surplus Asset Credits and a reallocation of funds to the New Police Facility Reserve, the estimated final Unallocated Reserve balance will be $1,231,000. 2. The majority of Streets and Drainage Improvements are pending, and major Community Development and Redevelopment Improvements are in-progress or complete. 3. By fiscal year-end it is estimated that combined General Fund Reserves will total approximately $2,012,000. Section Attachments: Operating Budget Capital Improvement Program Fund Resources GENERAL FUND OPERATING BUDGET SUMMARY STATUS: Projected to year-end the operating budget will be in surplus by $30,000, and the estimated Unallocated Reserve balance will increase by $90,000 - from $1,141,000 to $1,231,000. Budget YTD Projected Variance Revenues $3,319,100 $1,532,600 $3,320,000 $900 Expenditures 3,318,400 1,667,200 3,290,000 28,400 Operating Net: $700 ($134,600) $30,000 $29,300 PERS Surplus Credits 109,800 SO,OOO 100,000 (9,800) Reallocation to reserves (40,000) (40,000) (40,000) 0 Adjusted Net: $70,500 ($124,600) $90,000 $19,500 Opening Fund Balance $1,141,200 $1,141,200 $1.141,200 Closing Fund Balance $1,211,700 $1,016,600 $1,231,200 $19,500 REVENUES: Year-tCHIate revenues are currenUy 46% of budget totals. Estimated final revenue will probably meet budget estimates of $3,320,000. Expected Sales Tax losses will be offset primarily by increases Investment Eamings and Transient Occupancy Tax proceeds.. Taxes: Staff estimates that Sales Taxes will be short of budgeted $400,000 by $20,000. Transient Occupancy Tax proceeds remain strong and may exceed budget by $10,000, The authorized ERAF Rebata will not be allocated to the Town until Mayor June. Franchise Fees: As budgeted. Fines & Forfeitures: Approximately as budgeted. Interest Earnings: Because combined unexpended reserve resources have remained high, estimated revenue will be approximately $20,000 greater than budget estimates ($90,000). , Other Agency Revenue: Revenue estimates reduced slightly to account for less State POST and Abandoned Vehicle Abatement revenues. Licenses & Pennits: Increased because of revised Building Permit revenue estimates. Mid-Year Financial Report, December 31, 1996 2 GENERAL FUND OPERATING BUDGET Charges for Service: As budgeted. Other Revenue: SlighUy ahead of budget, with increases in Sale of Property. EXPENDITURES: Year-to-date expendnures are over 50% of current budget. Some major cosls have been fully incurred, e.g, Uabilily Insurance. Animal Control JPA. Storm water JPA, Major Crimes JPA, Congestion Management JPA, etc. There are also salary savings resulting from vacancies in the following positions _ Police Officer, Senior Planner; there will be additional salary savings associated with the upcoming vacancy for the Building Inspector position. Primarily as a result of salary savings, final expenditures are currenUy projected to be approximately $28,000 less than budget (closing at $3,290,000). The Police labor contract remains in negotiation. and settlement would materially affect the net operating position. Town Council: As budgeted. Town Attorney: As budgeted. Estimated outside litigation costs are currenUy over budget by $20,000 and ABAG PLAN-related litigaUon is well under budget. Staff currenUy estimates that combined budget variance for legal costs will offset. Town Administration: Projected to be over-budget by $8,000, anticipated open space election cosls of $14,000. Planning: Projected salary savings associated with open position (Senior Planner). Design Review: Estimated to be in excess of budget by approximately $8,000, primarily due to contract planning cosls. Overall 1996-97 Design Review cosls will be less than 1995-96 levels by about $20,000. Building Inspection: Estimated to be under-budget by $5,000. There will be salary savings resulting form the vacant Building Inspection position. Police Department: Estimated to be under-budget by $25,000, primarily because of the unfilled Police Officer position (of E. Inskip). The current Police labor contract is still in negotiation, settlement could significanUy change this budget. Mid-Year Financial Report, December 31,1996 3 .' GENERAL FUND OPERATING BUDGET Public Works Streets: Projected to be slightly over-budget, due to streets materials and temporary staffing costs. Public Works Parks: As budgeted. Town Engineer: As budgeted. Town Commissions: Budget savings projected. FINANCING SOURCES (USES): In 1996-97 the Town will offset retirement costs for Miscellaneous Employees with PERS Surplus Assets. This amount Is estimated to be $100.000, less than budget estimate because of salary savings on unfilled positions. In September 1996 reserve funds in the amount of $40,000 were reallocated form Unallocated to a new Police Facility Reserve, to defray expected project planning costs. Mid-Year Financial Report, December 31, 1996 .. GENERAL FUND REVENUES & EXPENDITURES Year-to-Date: December 31, 1996 Estimated for the fiscal year ending June 30, 1997 FY 1995/96 FY 1996-97 Y-T-D i Variance December Estimated I favorable Actual Budget Actual to Close (unfavorable) , Revenues: I Taxes 1,945,376 1,846,700 859,200 1,827,000 i (19,700) Franchise 241.208 248,600 44.200 248,000 I (600) Fines & Forfeitures 105,694 113,000 45,900 112,000 (1 ,000) Interest 189,472 90,000 47,100 110,000 I 20,000 Other Agency 384,020 346,300 165,000 338,000 I (8,300) Ucenses & Permits 353,000 353,000 165,500 358,000 I 5,000 Charges for SelVice 243,026 202,300 117 ,800 204,000 i 1,700 i Other Revenue 73,497 119,200 87,900 123,000 ! 3,800 Total revenues $3,535,293 $3,319,100 $1,532.600 $3,320,000 I $900 Expenditures: I Town Council 15,870 13,700 8,300 14,000 i (300) Town Commissions 2,541 4,000 900 4,000 i 0 I Town Attorney 189,646 170,700 89,600 171,000 i (300) , Town Administration 588,810 582.100 348,600 590.000 I (7.900) Planning 210,938 215,000 89,900 195,000 I 20,000 Design Review 117,431 86,700 56,000 95,000 i (8,300) Building Inspection 178,808 178,500 88,000 174,000 i 4,500 , Police 1,487,439 1,525,200 735,600 1,500,000 i 25,200 PW Streets 359,412 342,200 170,100 346,000 i (3,800) ! PW Parks 150,095 164,300 80,200 165,000 ! (700) Town Engineer 36,000 36,000 0 36,000 i 0 i Total expenditures $3,336,990 $3.318,400 $1,667.200 $3,290,000 I $28,400 j Operating Net - Excess (deficiency) revenues over (under) expenditures $198,303 $700 ($134,600) $30,000 I $29,300 i I Other finance sources(uses): i I Transfers in 0 0 0 0 ! 0 Transfers out 0 0 0 0 i 0 I Reallocations Out (549,000) (40,000) (40,000) (40,000) I 0 PERS Assets 131,525 1 09,800 50,000 100,000 , (9,800) Total other financing I sources (uses) ($417,475) $69.800 $10,000 $60,000 i ($9,800) I Operating Net plus I I Other financing i sources (uses) ($219,172) $70,500 ($124,600) $90,000 i $19.500 I Fund Balance: i Opening 1,360,369 1,141,200 1.141,200 1,141,200 I , ! Closing $1.141.197 $1 .211.700 $1 ,016.600 $1,231,200 i $19.500 Statement-1 ;" CAPITAL IMPROVEMENT PROGRAM Streets Improvements: Most projects authorized in 1995-96 were carried-forward into 1996-97 for completion. At this time all Streets Projects are scheduled for completion in Spring 1997. Drainage Improvements: All Drainage Projects are pending. Community Development Improvements: The New Town Center Construction project is 70% complete Town participation in the acquisition of the Harroman Open Space Property is complete (an election is pending), Town purchase oflwo (2) condominium units in the Point Tiburon Marsh Area is complete. Redevelopment Improvements: The Agency is committed to fund $913,000 in site and construction improvement for the Cecilia Senior Housing Project; the project is nearing completion of the site improvement phase, and building construction may begin in February. Transfers & Reallocations for Projects: Transfer of Flood Plain Interest Funds ($125,000) to the New Town Center Project is pending. Transfer of Unallocated ReselVe in the amount of $40,000 to establish a New Police Facility ReselVe has been implemented. Mid-Year Financial Report, December 31, 1996 5 CAPITAL IMPROVEMENT PROGRAM ' Fiscal Year 1996/97 Year-to-Date: December 31, 1996 STREET IMPROVEMENTS Y-T-D Estimated Project Funding Source Budget Expended Final Notes & Description Engineering State Gas Tax 18.455 0 18,455 allocated cost 2 Miscellaneous State Gas Tax 10,000 0 10,000 3 Centro West State Gas Tax 20,909 0 20,909 1996.97, pending 4 East Terrace state Gas Tax 10,909 0 10,909 1996.97, pending 5 Greenwood Beach Road State Gas Tax 36,364 0 36,364 1996.97, pending 8 Karen Way (Ieland) State Gas Tax 27,274 0 27,274 1996.97, pending 7 Lower N. Terrace State Gas Tax 9,091 0 9,091 1996.97, pending 8 Mar East State Gas Tax 26,636 0 26,636 1996.97, pending 8 McCart Court State Gas Tax 4,545 0 4,545 1996.97, pending 10 Pine Terrace State Gas Tax 12,727 0 12,727 1996.97, pending 11 Theresa Court State Gas Tax 4,545 0 4,545 1996.97, pending 12 Upper N. Terrace State Gas Tax 13,636 0 13,636 1996.97, pending 13 Venus Court State Gas Tax 20,909 0 20,909 1996.97, pending 14 Centro West State Gas Tax 38,636 0 38,636 carry-forward 1995.96 15 Eastview State Gas Tax 21,727 10,365 10,365 complete 16 Esperanza State Gas Tax 9,091 0 9,091 carry-forward 1995.96 17 Lyford Drive State Gas Tax 40,909 0 40,909 carry-forward 1995.96 18 Mar East State Gas Tax 23,909 0 23,909 carry-forward 1995.96 18 Mara Vista State Gas Tax 19,091 0 19,091 carry-forward 1995.96 20 Palmer Court State Gas Tax 6,364 0 6,364 carry-forward 1995.96 21 Sommer Court State Gas Tax 3,636 0 3,636 carry-forward 1995.96 22 Stewart Drive State Gas Tax 9,091 0 9,091 carry-forward 1995.96 23 T efrace State Gas Tax 4,273 0 4,273 carry-forward 1995.96 Total Street Improvements: $392,727 $10,365 $381,365 DRAINAGE IMPROVEMENTS Y-T-D Estimated Project Funding Source Budget Expended Final Notes 1 Miscellaneous Streets & Drainage 10,000 0 10,000 2 SugarloaflPlace Moulin Streets & Drainage 30,000 0 30,000 1996.97, pending 3 Tiburon Blvd/San Rafael Ave Tiburon Blvd Imprv 5,000 0 5,000 1996.97, pending 4 Trestle Glen Creek Streets & Drainage 7,400 7,400 0 complete 5 Corporation Yard Runoff Streets & Drainage 2,100 0 2,100 carry-forward 1995.96 8 Greenwood Beach Easement Streets & Drainage 82,500 0 82,500 carry-forward 1995.96 Total Drainage Improvements: $137,000 $7,400 $129,600 CIP-1 CAPITAL IMPROVEMENT PROGRAM Fiscal Year 1996/97 Year-to-Date: December 31, 1996 COMMUNITY DEVELOPMENT IMPROVEMENTS Y-T-D Estimated Project Funding Source Budget Expended Final Notes 1 Marin Renters Rebate Low/Moderate Housing 3,300 3,300 3,300 complete 2 Tiburon Historical District Capnal Outlay Reserve 16,000 0 16,000 1996.97 pending 3 New Police Facility Project Police Facility Resv Architect, schematic 27,500 5,495 27,500 in progress 4 Belveron Mini-Park Park Development 1,500 0 1,500 carry-forward 1995.96 5 NTC Project NTC Reserve ArcMect & Professional 73,000 17,615 73,000 in progress Construction 1,467,000 821,718 1,467,000 Contingency 125,000 29,951 125,000 Flood Plain Improvements Flood Plain Funds 115,000 0 115,000 authorized, pending 6 Open Space Acquisition Open Space Acquisition Acquire Harroman Property 500,000 511,394 511,394 complete Appraisal 1,500 1,500 1,500 complete 7 Open Space Trails Designation Open Space Acquisition 2,500 0 2,500 carry-forward 6 Purchase BMR Units Low/Moderate Housing Purchase Unn (#11) 93,000 92,300 92,300 complete Purchase Unn (#3) 128,000 4,200 142,500 completed 1.97 9 Elephant Rock Improvements Park Development Reconstruction 67,000 0 67,000 grants, donations Engineering 3,500 1,500 3,500 in progress 10 Street Banners Capital Outlay Reserve Downtown Area, replacement 1,200 1,053 1,053 complete Total Community Improvements: $2,625,000 $1,490,026 $2,650,047 CIP-2 CAPITAL IMPROVEMENT PROGRAM Fiscal Year 1996/97 Year-to-Date: December 31, 1996 REDEVELOPMENT IMPROVEMENTS Project 1 Neds Way Senior Housing 2 EAHlCecilia Senior Housing Funding Source Housing Set-Aside Housing Set-Aside Y-T-D Estimated Budget Expended Final Notes 25,000 5,684 25,000 in progress 913,300 363,948 913,300 carry forward, additional $4121<, 9.96 15,800 17,309 17,309 complete, total appropriation $158K $954,100 $386,941 $955,609 3 TENHilarrta Housing Set-Aside Total Redevelopment Improvements: TRANSFERS/REALLOCATIONS Y-T-D Estimated Project Funding Source Budget Expended Final Notes 1 New Police Facility Reserve Unallocated Reserve 40,000 40,000 40,000 complete 2 New Town Center Reserve Flood Plain Interest 125,000 0 125,000 1995.96, pending Total Transfers/Reallocations: $165,000 $40,000 $165,000 CIP-3 'FUND RESOURCES General Fund Reserves: Wrth completion of the New Town Center Construction Project, the combined balance for all Reserves of the General Fund will be approximately $2,000,000. The estimated General Fund Unallocated Reserve balance will ba $1.231,000. Other Restricted Capital Improvement Funds: The Open Space Acquisition Fund is nearly depleted due to purchase of the Harroman Property. The anticipated election expense will need to be funded by the Open Space District or the Town Administration operating budget. Redevelopment Agency Funds: The Agency General Fund will be able to make full payment of $472,500 to the Point Tiburon Community Facilities District. The Housing Set-Aside Fund will have approximately $400,000 by year-end. Tax increment proceeds will be received by the Agency in mid-January, at which time revenue estimated will be evaluated. Mid-Year Financial Report, December 31, 1996 6 STATEMENT OF FUND BALANCES Fiscal Year 1996/97 Year-to-Date: December 31, 1996 Budget Current Beginning Estimated Estimated I Variance I Balance Closing Closing I favorable 07/01/96 Balance Balance i (unfavorable) I GENERAL FUNDS I 1,141,200 01 General Unallocated 1,141,200 1,231,200 I 90,000 03 Empl Compensated Leave 245,500 245,500 235,000 i (10,500) 09 New Town Center 1,437,800 0 0 0 10 New Police Facilities 0 0 0 i 0 71 Self Insurance 166,500 166,500 146,500 I (20,000) 72 Capital Equipment Repl 272,900 260,000 235,000 I (25,000) 85 Park Development 7,100 3,100 3,100 I 0 ; Ql Streets & Drainage 231,400 155,600 155,600 i 0 94 Capital Outlay 19,300 2,100 6,000 I 3,900 , Total General Fund: $3,521.700 $1 ,974,000 $2,012.400 ! $38,400 i i I I OTHER RESTRICTED FUNDS I 31 Police Asset Forfeiture 9,900 10,000 5,000 , (5,000) , , 32 Suppl Law Enforcement 0 0 300 I 300 I 75 Property Development Tax 25,500 34,000 36.000 ; 2,000 , 81 Flood Plain 275,000 45,000 45,000 ! 0 83 Low-Moderate Housing 806,500 662,000 645,000 I (17,000) I 84 Tiburon Playground Fund 7,000 7,300 7.300 I 0 88 Open Space Acquisition 504,400 2,300 2,000 ! (300) 88 Tiburon Blvd Improvement 138,700 140,500 140,500 I 0 89 Tiburon Planning Area Traffic 69.600 73.000 75,000 2,000 IlO State Gas Tax 304,500 73,900 80,000 I 6,100 93 Tiburon Circulation System 0 10,300 10,300 ! 0 i 118 Marsh Restoration 100,100 105,000 105,600 I 600 f17 Street Frontage Imprv 7,600 8,000 8,000 0 Total Other Funds: $2.248.800 $1,171 ,300 $1.160.000 ($11 .300) REDEVELOPMENT AGENCY 12 General Increment 16,100 19,600 19.600 0 13 Housing Set-Aside 1,169,900 404,300 408.100 3,800 Total Redevelopment Agency: $1,186,000 $423,900 $427.700 $3,800 Funds-1 MARIN MUNICIPAL WATER DISTRICT - December 20, 1996 210 Nellen Avenue Q,rte Madera, CA 94925-1169 415-92404600 FAX 4li-927-4953 Mr. Robert L. Kleinert, Town Manager Town of Tiburon 1155 Tiburon Boulevard Tiburon, Ca 94920 [g1rg~~O\\#~[Q) DEe 2 6 i99:} TOWN MANAGER'S OFFICE TOWN OF TIBURON Dear Mr. Kleinert: This letter pertains to the existing Marin Municipal Water District water tank located on Spring Lane in Tiburon. This 1.5 million gallon, riveted steel plate tank is the primary water storage facility for the approximately 3,700 water services on the Tiburon peninsula. The tank was constructed in 1927 and is now somewhat undersized for the area that it serves. The District's Long Range Capital Program calls for the construction of an additional water storage facility in the area and we are considering constructing a second tank at the Spring Lane site. In addition to being undersized, the existing tank is also in need of repair. Specifically, the interior coating system is long overdue for replacement. To replace the interior coating system, the District must drain the tank. However, water demand on the peninsula has risen to the point that emptying the tank for an extended period of time will be extremely difficult. With a second tank in place, the existing tank could be drained for repair without adversely impacting water service to our customers on the peninsula. The idea of a second tank on this site has been included in the District's plans for some time. It appears that the District may already own sufficient property at the site to implement the plan. The project is included in the District's Long Range Capital Program for the 1999 and 2000 fiscal years. However, if funds can be made available, the earthwork necessary for the project, and possibly the project itself, might be completed earlier. As shown on the attached sketch, the second tank would be the same size as the existing tank and would be located westerly of it. This would require the removal of about 3,000 cubic yards of material and at least a half dozen trees from the site. However, before any construction can take place, the District must do a geotechnical investigation of the site and complete appropriate CEQA review and compliance. We would also like to obtain input on the plan from the Town and from residents in the vicinity of the site. To that end, I would like to discuss with you, at your earliest convenience, the best method of obtaining that input. I can be reached at 924-4600, extension 290. Very truly yours, ~F~ Dana F. Roxon, P.E. Senior Engineer Attachment An &juaI OppollUl\iry/Alfllll1alive Action Employer ~ Recycled \:1 Recycl~e .' ' I ::c OJ -j m tI ~ ~ c i' )IJ 0 f- :z ~ !' C!- O ~ m III ~ ~ 7' rJ c J }' z t1 4: t1 r 't r :&....- :! ~ 7tJ " 0 a )> ." ~ t1 ~ .j.. -< t , (b ~Ylr- " !;/J /1/ i J( IIf il (f\ \) I I\J Z C'l r- I )> :z :f !'! fl1 II> , .' , D '" i t ~ ., ~ J ~' '" 0 ~ ;: l .-1> " / "._~ ! I -:-~-.-.,,~ ------.. .~--.- ~---.11.<.i~/\ 1111./ , ROAD - .. ... '~'~'\ , -' ,~: '':'.' '. "::lrt":~: "..~,,:'..;; "~:. -.. -. , -. &~~: .'''.,.1:... '~"-'''' . -;;':fr ',-i{' , 'ct, -' " . -' .."c~ -"" ,7~ .l:~-;~ ~t~. ,-~~if.,- . r ,~ ~ \ : f ~ " .' n .c- c~.'" .:~{ I/f~ ;1!d. /L/_ !-fJ- 71- - Paradise Drive Property Owners Association ~lW'LlTllV NOVE MBER I 996 .'.YEAR IN REVIEW /a tbe l.stl8 montl1s the A."""i.lt"" hu locorupliol1cd mUc;h in Ule way of _1118 lI10 Poradi5e Drive covizanmenl. M~ once . month fonaal1y ill oessiOllll open to .11 re,,;c!ents, lI1e Board bas 0IiIlUZCd md deal' with m..y aspects of Ufe on Paradile Drive. Illd some of the major mues were: Pumed lllId the thankcd tbe COUllty for lI10 Paradi.. Drive n:palTl Dralle<! I""guage and bosun orpnu.alton for the ....l1on. of our P....- Drive PIanllin, Area Held a semiIIar on Police Protection with 0Ili<:er 1. Riddell of the Marin Couruy Sherilf Dcportmcu, Hdd a ~ 011 m. Il1d earthquake ..feIY m......... with Mike Ay.... of the Tiburon Fire District H.d our 4IllIual meeting.. J_ 01... with tho electiOtt "f new offioen Puniued 1111 ..'ive ~l.tiOll4hip witllthe ROlIIbag Tiburon Calter for the J>UIIlO8CO of altcmative 4CW<r systems ""eI other mutually beneli.ial piau Carefully monitorecl tbe pte.Z<llWlI study beiDtl done by Tibunm iDoludina meetiap pbooe <ails, lllId colTesponcience with go.........., ollil:iaJa Helped "'MlIIUU . IJlflOliDg ....th Tib""", 5laIT md Old lAneling Rood resident.! olio.. the po..ibl. benefit.! of .....ClCOIion '" Tiburon Met ""d Wllrkecl with Town. County IIld LAFCO Slaffrc annexati<m, sewer and pla.aninJ issues OIl ParlldiJe Drive Sa;urcd approvat from the County and the To.... tor . fOrmal VISloninlJ process to be Wl4Xrtaken by tbe prOl'C"Y O",,",r. and ",...dent> of Parodi.. Drive . INCORPORATED SINCE /958 ,\ VISIONING THE PARADISE DRIVE NEIGHBORHOOD The PIRdise Drive PrClporly Ow.wo ADoclatiOl1. with the b1...ingllld~oftheCOUllty. i. org::u1Jl.ing a c.ommuruty daSCOl.llH to Vi3iol'l our area's future Tbe cUqe to the stMrirJe tomnIitt<< would rcaelu f.UoWl . -Develop. broadly auppor1ed vision tor the fIlture of the eaoI side of tJle Tibu,q, Peo.insulslt.at .ddr..... aU the esoenti.lel_ ofllti, <01lllllunity. iDol~ Deiah~ idcotill'. values IDe! goals, energy, \\'de tnanq:=ea.t, land U$e. annexaLion, traffi., pedestnao aod \iioy<1a use. n:creatiOll, open space, road mai.nt~ aDd aa:tbeh(3, to name << few. -The pro.;css ""wel myoJva propony O\\lIen. residents, in~cd orge.nimtion:s and affected agencies. . . The nsion will be the PrimarY b4Asi$ for Upc:i.lIL"lR ~ing programs llDeI ""bci.. afJecting the area -It wit! e,tablisb, au ennionmCliC (0{ co.llaborati\'e .."viti.. by lI1e neigbboll1oods and parti<;;pating governments. .Thc vision "ill be ~pbshcd U1 00 10"," titan on~ )..~t. . :1' .'.,:"," ;" \ Paradise Drive Newsbriefs , * Alternative Sewer System Approval Gjiven By County PrOpen)' owners within !he COWtty oow have a legal basis for soin8 h!:Yond septi<: tanks and conventional sewage disposal $)'llI:mI. ALTERNATIVE SEWAGE DISPOSAL SYSTEMS was adopted by the Marin CoWlty Board ofSupervison in September, 199j; (Chapter 18.07ofTitle 18 of the Marin CoWtty Code). The procell to build one ~ be su.mmarize4 as follows' A COnstruction permit CUI be issued by 1he health officer. An operating pencil verify4\s Iho acieq...cy of the alternative system on a case-by-case basis, or evezy CWo yean, .." be ;issucdafter the granting of a certificate of installation (18.07 definitions). For c1ctails, call Vie Canby. PreSident oflbe Paradise Drive Property Ownm Association aI4'3.381'. . . * Sea firth Gets Sewer Rene!wal The 29 home communiiy of Sea6nh has just received approval of thei~ sewer system fro... the Regional Water Quality Control Board. AnexterlSion is generally gd for' yem. Sealirth has recenIIy uperaded its facility. Its eWuenl _ all Water Quality Co~1 Boan:I specifications. Old Landing Road Fights Annexation Old Landing Road _iclcnu have recenIIy COIDpleted 1heir two y-ear pa$h to hook up to the Cone *. Madera sewer tine which cxtended as far south as Mateo Drive. The Thwn ofTib...-on had planned to IIIIlIeX these pn:Iperties IS part of 1heir "dua1l1l111llXl1tion riablS." The TiJluron GcnonJ Plan of ) 989 calls for any annexation to be based on midenllowner inI.erut, 1inanc:ial feasibilJty and provision of services by the Town. The Old Landing 0WJla'S have now signed a ~on with 33 out of39 homeownen wishing NOT to be lIIlIllIl<ed into TibutOn. The IIlIIOlUItiCllj issue is on hold for a year while OLRAD and all the Paradise Drive owners work together on the,concept of a eoallZllwry pi"". Paradise Cay Dredging T~x * The Paradise Cay walezway> have to be maintained U1d dRdged about l"'GY 8- t 0 yean nol only to allow passllie, but aJ.o to support hOllle Val, ues. Last year, ' for the lint tl= sinee 1he Cay was developed. the resiclcnts proposod and passed by a 213rds majority, a $300 per year tal( to be . assessed only on water loll. This monoy ...u acrue and hopefully coverdrcdgin; as needed. TiburOD Fire District Prop!>sal The TibWVll Fin: Dislrict has proposed thaI it take OveT1he adaUnistnltivo duties for the Southern * Marin Emersency Medical Paramedic Sywtem at a substantial savingJjto SMEMPS U1d its ...ember agencies. The proposal would elimiMte the emergency medical ollicei position ($ 100,000), and diotribu1e his duties IIIIlOSIg existing personnel. The TiblllQn Fin: District wOuld '..;1 ;u the lead aBency. SMEMPS CWlent budget pn:Iposal for '96-97 is: Projected Reyenue: S465,37'; Experucs: $477,902. TiburonFin: District's pn:Iposal is: Projected Re.-..: S46~.375; ExpensCll S326,79l1.The nextmeetina on this issue will be in February, 1997. . .fl)O/l' ~ mitv ~ communi!!/ I'fleding 50/l~ 20, /997, <U ~ .9'lombaq 9'iJlUOn, ~ on, 7..j't,bmi .9'~ .0rwe , . '. . , .::~$j . ~~~~.~ '~.':if'~ ' The (vrnmunity Vlannine & l'isivnine jteerine Cvrnmittee - Efrol1' art bt:tng mad. now 10 or~ a steering Commiltee to put rogether the community planniJ1l:' and 'i.ioning proce... 'The proce" is meant to be conclud~d within one year, and the committe< wiU be r<sporuible for handling meetlng5, publicity, '~n.. f.acWtatol'>, agend"" and "'port, as needed. 1'hi$ .hould be an interactive and /Tu.itfuJ P=di,e Drive conunUnity pr"".". It wiU be appropriate to have represeRtatives from all .reos and neighborhood. along the whole length afParadi", Drive, from the southern tip of the pertin.u1a to tlte Corte M.den border. The Board i. putting together a ,mall workable group for thU one year cPmmittee. If you would w.., to set forth your n:une or have the name of anorher homeowner who "jighr be . help on tlu, COltUnlltee. pie... call PPOA President, Vie Canby: 4n-3811 I997 Paradise Drive, Issues ScvcraJ i>sues of importance to palts or the whole of the P=d.be Drive coaununity have been pur on the table to be part of the planning/vioionJ.ng proce.... A few of them are Iisred .. follu~. and you may nave many othen that you'd w.., to agendiu - Sewer and alternative ",wer 'ystelll.> - Annex:ation to Tiburon - Land use and densities -. P'l":ldise Drive road maintenance - Utili')kable/phone undergroundi.ng - Non~ohfonni.ng UDits and subdivisIons - Traffic. 'peeding and safety - R.:cr<2tional use: Bicycles, ele. - Your concem$; . , . . . . .' PlANNiNG fOR TI-tE EAST SidE of THE TibURON PENiNsulA Members of tbe ParadQe Dn..e Property Owller. Allo.lation ba... -l!e.eatly had meeting. with Supe....;.or ROle, County pllU1ninl staff and Tiburon council ~mbel'S and sta/f to . di.cuss .rrariac a pla.a for the IiotuR of the cut side of the Tiburon Peninsula. Tbe County and the Town ha..e ..reed to participate ...;th the Paradise D.we n.borbood. 'in this procell of plana;og for their CODlDlUnities. The lirst adi\'itiea, ~c in .J-.ry 1997, Il'iII be meelinp for oiwnen and mide.... to express their view of our .ommunity... what', good, what are problloima, ..hat impro..ement. are needed, and wbat the ..won of our future sbould be. Additiollal oieetings will focus 011 issues of eODrem in mare detail. defining and de..elopine plans for ac1ion, The purpose of this .o_unity />blnDUIc proress is to dentop a broalt/y supported visioa for the future of the ... side of the Tiburon Peninsula that addresses all '~he essential elements of the eollUtllllllty iadudioe aeiabborltood ideality, vllhoea ud 10als, elMirgy, unitary .e....;.e, Imd UIe, recrratiOIl, tnllic, pecIatr;.a ud bicycle uae, open space, rOad maintenance, aad selthelie., to name a few. ' TIWI visioning prOCCllll will iaclude property ownen md ftIIideata of ...w,eorporatect aad incorporated -. alone Patadiae Drive from the IOUthern tip of the Peainlula to the Corte Madera borde.- in ... elfort to eatablisb ... envirolllllCDt for collaborative aC1ivitiel by the community, interated a&encia IIIld locall....el'llllleDts. The reoult will be a do...m...t which Cllll be used to update """':"1 programs ud policies for tbio area.: Ml-=n~f7: January ~()~ 1 ~~1 7 :30pm Bay Conference tenter at the Tiburon Romberg Center on Paradise Drive including discussions with: Alissa Arp, Director, Romberg Tiburo~ Center Frances BrigmanD, Director, Marin County Department of Parks, Open Space aDd Cultur~1 Services ; COME and BE PART OF YOUR COldMUNITY