HomeMy WebLinkAboutTC Agd Pkt 1997-01-15
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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
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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
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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
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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
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; Novato Ford
. Wayne Cross Ford, San Rafael
Hansel Ford, Santa Rosa
~'Easr Bay Ford, Oakland
~Bonanza Ford, Sonoma
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~~UBJECT: BID FOR 3/4 TON TRUCK
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. 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.
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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.
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Very~urs, .
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Tony E. It;pi . .
Superintendent of Public Works"" ..._<,~...""",,- ". ..
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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 ~~
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This quotation includes all standard equipment plus following options:
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Retail Price
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Documentation Fee
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Approx. License Fees
Less Trade-in
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'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.
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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
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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
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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. "". -<
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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
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January 6, 1997
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To: Bob Kleinert
""",' .~, --~ .',' OFFICE
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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 ')
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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
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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
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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,
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:#= ;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
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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
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!-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:
$477,902. TiburonFin: District's pn:Iposal is: Projected Re.-..: S46~.375; ExpensCll
S326,79l1.The nextmeetina on this issue will be in February, 1997. .
.fl)O/l' ~ mitv ~ communi!!/ I'fleding
50/l~ 20, /997,
<U ~ .9'lombaq 9'iJlUOn, ~ on,
7..j't,bmi
.9'~
.0rwe
,
.
'. .
,
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. ~~~~.~
'~.':if'~ '
The (vrnmunity Vlannine & l'isivnine
jteerine Cvrnmittee -
Efrol1' art bt:tng mad. now 10 or~ a steering Commiltee to put rogether the community
planniJ1l:' and 'i.ioning proce... 'The proce" is meant to be conclud~d within one year, and the
committe< wiU be r<sporuible for handling meetlng5, publicity, '~n.. f.acWtatol'>, agend"" and
"'port, as needed. 1'hi$ .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$;
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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
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COME and BE PART OF YOUR COldMUNITY