HomeMy WebLinkAboutTC Agd Pkt 1998-01-21
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
INTERVIEWS:
JANUARY 21, 1998
7:30 P.M.
7:15 P.M.
7:00 P.M.
PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of
view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5) Speak
Directly into Microphone.
A. INTERVIEWS
. JOHN SCHALLER - (TOWN TREASURER)
B. ROLL CALL
C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If anv)
D. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda /0 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. AIatters requiring action will be
referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a
future meeting agenda. .
E. COUNCIL, COMMISSION & COMMITTEE REPORTS
F. 'APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES
1) A. PARKS & OPEN SPACE COMMISSION - (Current Vacancy)
B. TOWN TREASURER - (Current Vacancy)
C. JT. RECYCLING COMMITTEE - (Current Vacancy)
D. DOWNTOWN TASK FORCE - (Current Vacancy)
E. JT. RECREATION COMMITTEE - (Current Vacancy)
F. HERITAGE & ARTS COMMISSION - (Current Vacancy)
C. CONSENT CALENDAR
The purpose o/Ihe Consent Calendar is 10 group ilellls logether 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 o/the Town Council, Town Staff, or the Public may request removal of an item for discussion.
2) TOWN COUNCIL MINUTES - #1129, December 3, 1997 - (Adopt)
3) TOWN MONTHLY INVESTMENT SUMMARY - (November, 1997) - (Accept)
4) MONTHLY POLICE STATISTICS - (November & December, 1997) - (Accept)
5) ANNUAL STATUS REPORT ON TIBURON GENERAL PLAN - (Accept)
6) REQUEST TO JOIN AMICUS PETITION: Del Monte Dunes v. City of Monterey -
(Approve)
7) UPHOLD PLANNING COMMISSION DECISION RE: Denial of Request to Convert
Pool House into Secondary Dwelling Unit - 31 Mark Terrace, AP#39-141-17; Carlos &
Ana Baradello, Appellants; Stephen Yafa and Bonnie Dahan, Applicants - (Adopt
Resolution)
H. UNFINISHED BUSINESS
8) PERMANENT RESTROOMS IN BLACKIE' S PASTURE: FINALIZED COST
ESTIMATES - (project Consideration & Funding)
9) CYPRESS HOLLOW ANNEXATION INTEREST - 1) Consideration of Expenses
Relating to Possible Annexation; 2) Request LAFCO to Undertake Proceedings for
Annexation - (Adopt Resolution)
I. NEW BUSINESS
10) 1998-2000 BUDGET CALENDAR & MID-YEAR BUDGET REPORT - (Accept)
J. PUBLIC HEARING
11) HILARITA ADDITION - PRECISE PLAN AMENDMENT - (Adopt Resolution)
12) APPEAL OF DESIGN REVIEW BOARD DECISION RE: Denial of Application for
Construction of new Single-Family Dwelling at 2225 Vistazo East, AP#59-091-55;
Applicant/Appellant Tom Frankovich - (SECOND REQUEST FOR CONTINUANCE)
13) MARIN TELECOMMUNICATIONS ORDINANCE - Establishment of the Marin
Telecommunications Agency, Delegating Authority thereto, Assigning Existing [Cable
TV] Contracts, and Repealing Conflicting Prior Actions - (Introduction of Ordinance &
First Reading by Title Only)
K. COMMUNICATIONS
L. STAFF & TOWN MANAGER REPORTS
14) WINDOW COVERINGS & TINTING - TOWN COUNCIL CHAMBERS
M. ADJOURNMENT
Future Aeenda Items-
Main Street Parking RegulationslSignage - (Februaty 4)
Rule 20A Funds for Undergrounding of Utilities - (Februaty 4)
Fonnation of Countywide JPA for Marin Emergency Radio Authority - (Februaty 4)
DATE OF MEETING:
January 21. 1998
No. 2-1998
DATE POSTED:
Januarv 16. 1998
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a
Closed Session. More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGA TION
(Section 54956.9a)
Name of Case:
POTJfJel v. Town ofTiburon
(Marin County Superior Court No. 168660)
Name of Case:
Finl!erhut v. Town of Tiburon
(Marin County Superior Court No. 171918)
MEMORANDUM
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TO: Tiburon Town Council
FROM: Jordan Eth
DATE: ~ovember 19, 1997
RE: Parks and Open Space Corrunission
I have very much enjoyed my four years on the Parks and Open Space Commission, and
belicvc that I ean continue to contribute by sc:rving on the Commission. For those reasons, I
would like to "fe-up."
Please feel free to call me with any questions.
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TOWN MANAGER'S OFFICE
TOWN OF T!BURG'~
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TOWN OF TIBURON
1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435-737
FAX (415) 435-24
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COMMISSION. BOARD & COMMITTEE
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APPLICA TION
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
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serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
~A
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(.) 01 Interest in Numerical Order
(#1 Being the Greatest Intere.t)
PLANNING PARKS & OPEN SPACE
DESIGN REVIEW RECREATION
HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE LIBRARY
RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVITALIZATION TASK FORCE
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TELEPHONE: Home:<1~~-S;<io<, Work: 4.i.S:-S<JBBFax No.
PROPERTY OWNERS' ASSOC. (Ifapplicable)
TIBURON RESIDENT: (Years) 2.'1 y~~ DATE SUBMITTED: t2.../LI (e17
NAME:
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---------------------------------------------- T own Hall Use -------------------------------------------------
_ Date Application Received:
Interview Date:
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date Term Expires:
Length of Term:
jm 12/95
2
JOHN A. SCHALLER
102 Paradise Drive
P. O. Box 1106
Tiburon, CA 94920
(415) 435-5488
(415) 435-5402 FAX
Emolovment Activities:
1995 - Pres Retired. Handle personal investments.
1986 - 1995
1980 - 1985
1970 - 1979
1963 - 1969
Sierra National Capital Co., Tiburon,
CA. Finances, leases and brokers IBM
computer machines: main frames, peri-
pherals and communications equipment.
Sierra National Leasing Co., Corte
Madera, CA. Same as above.
Boothe Financial Corp., San Francisco,
CA. Same as above.
Bank of California, N.A., San Francisco,
CA. Director of management information
services.
1994 - Pres
Volunteer Activities:
Concordia Oniversity, Portland, OR.
1987 - 1996
Church Extension Fund, CNH District,
LOMS, San Francisco, CA. Finances re-
pairs, renovations, relocations and new
structures for parish churches and other
church ministries.
3750 No.Lake Blvd.
P. O. Box 844
Tahoe City, CA 96145
(916) 583-0171
(916) 583-0173 FAX
President
Exec. Vice President
Vice President
Marketing
Vice President
Board member
Chair of Board of
Directors
Vice Chair of Board
Communities Services Center, San Rafael,
CA. Acquires and manages facilities for
non-profit agencies in Marin County, CA.
1996 - Pres Peace Lutheran Church, Mill Valley, CA. Chair, Social Min.
Provide services to poor and homeless of So. Marin.
1988 - Pres
1984 - 1992 Senior Access, San Anselmo, CA. Oper- Chair of Board
ates facilities for poor, frail elderly
and Alzheimers patients.
Other:
Age - 62 years.
Married - wife: Edie. 2 children. 3 grandchildren.
Graduate - California State University at Los Angeles.
Post graduate - Golden Gate university, San Francisco.
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TOWN OF TIBURON
1505 TIBURON BOULEVARD. T1BURON . CALIFORNIA 94920 . (415) 435-7373
FAX (415) 435.2438
COMMISSION~ BOARD & COMMITTEE
APPLICA TION
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and 'Unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
governmental process ,and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. (:opies will t; forwarded to the Town Council and
informal applicant/Council interviews are .scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
&;1
Robert L. Kleinert
T own Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(s) of Interest in Numerical Order
(#1 Being the Greatest Interest)
PLANNING PARKS & OPEN SPACE
DESIGN REVIEW RECREATION
HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE LIBRARY
RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVIT ALIZA TION TASK FORCE
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NAME: ~ <..-->$. ~r.\~te::.F-
MAILING ADDRESS: 1~"'3. -:g~ J<:'-"--~, -.--... ~\JF--
TELEPHONE: Home: t.i-ls-~~Work: ~::!:'-I~ Fax No. '3'j!!;cr--D8zz
PROPERTY OWNERS' ASSOC. (If applicable) ~JA-
TIBURON RESIDENT: (Years)~ DATE SUBMITTED: 9..z{cr<7-
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Interview Date:
_ Date Application Received:
_ Appointed to:
(Commission, Board or Committee)
'., H"" i(Ua.te) .
revv: ;
~'. ';'
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_ DlIte Term Expires:
Leugth of Term:
jrn 12/95
2
KURT A. OBERMEYER
173 BLACKFIELD DRIVE
TIBURON, CALIFORNIA 94920
(415) 383-8223
Education:
June 1996
Bachelor of Arts Degree in English
Bachelor of Science Degree in Biology
California State University, Fullerton
December 1990
Associate of Arts Degree
Saddleback College, Mission Viejo, CA
Professional Experience:
October 1997 - Present
WestAmerica Bank, Mill Valley, CA
Customer Service Manager
· Supervises sales staff to meet threshold sales goals
· Budgets all branch accounts dealing with income, losses, loans, investments
and expenses
· Manages all daily operations of bank with Assistant Customer Service Manager
· Deals with all aspects of personnel issues such as hiring, counseling, and
termination
· Continually meets with all personal and business clients to update accounts and
resolve any banking problems
August 1996 - October 1997
WestAmerica Bank, Mill Valley, CA
Assistant Customer Service Manager
. Manages daily operations of branch
. Directly supervises bank tellers and branch service officers to meet bank's
customer service and sales goals
. Exceeds bank's referral and sales goals on a consistent basis
. Expands all account relationships by meeting with clients to
review any needs, requests, and/or problems the client may have
. Provides daily support for branch to meet federal regulatory laws
. Maintains superior customer service by constantly reviewing branch's
objectives with upper management
. Represents the bank at many community events
Kurt A. Obermeyer Resume
Page 2
July 1995 - August 1996
Wells Fargo Bank, San Francisco, CA
Personal Banking Officer
· Meets continually with clients to update accounts, loans and investments
· Expands individual account relationships by actively cross-marketing
bank products and services
· Provides support in a variety of functional areas of customer service
· Exceeds sales thresholds as negotiated with the Vice President of the branch
and region
· Trains and coaches less experienced members of the staff and exercises a
greater degree of independence and problem solving in daily branch activities
· Composes correspondence and memos concerning banking activities
July 1994 - July 1995
Wells Fargo Bank, Laguna Beach, CA
Customer Service Representative
· Maintained bank / customer correspondence
· Responsible for Branch / Franchise advertising
· Experienced in opening / closing accounts and completing wire transfers
· Managed current customer information on file
· Consistently met sales requirements for each quarter
June 1989 - June 1994
Vision Development Center
Vision Therapist / Bookkeeper
· Directed visual exercises for both adults and children
· Planned and implemented fine motor skills exercises with patients
· Kept detailed records of patients' progress
· Developed individualized home therapy schedules
Kurt A. Obermeyer Resume
Page 3
Other Related Experiences:
September 1992 - June 1994
Student Health Professions Association, CSUF
Optometry Chairman
· Organized weekly meetings, banquets and luncheons, and acquired
speakers for said functions
· Composed articles and arranged layout for newsletter, "Perspectives"
· Communicated and collaborated with professors and school administration
Skills:
· Strong interpersonal skills
· Advanced writing skills
· Excellent team worker
· 10-Key
· Computer literate
· WordPerfect 6.0
· Microsoft Word for Windows
· Strongly detail oriented
References:
Available upon request.
TOWN OF TIBURON
1505 TIBURON BOULEVARD' TIBURON ~ CALIFORNIA 94920 . (415) 435-7 3
FAX (415) 435- 438
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COMMISSION. BOARD & COMMITTEE
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APPLICA TION
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':"j ,~.~,i.i'.J..~i--'r.:h :j CFF1CE
. :'.":' - Ti;3UACr;
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
~A
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
:.;.:.:.:.:.:.;.:.:<.
.......................
........................
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Indicate Your Area(s) of Interest in Numerical Order
(#1 Being the Greate.t Intere.t)
PLANNING PARKS & OPEN SPACE
DESIGN REVIEW RECREA nON
HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE LIBRARY
RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVIT ALIZA nON TASK FORCE
X Tiburon Town Treasurer
1
NAME: William D. Osher (Bill)
MAILING ADDRESS: 22 Southridge East
TELEPHONE: Home: 380-8846 Work: 765-8366 Fax No. 380-8947
PROPERTY OWNERS' ASSOC. (If applicable) Reed
TIBURON RESIDENT: (Years) 5+ DATE SUBMITTED: 12/19/97
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----------------------------------------------lrown II:lII lJse -------------------------------------------------
_ D:lte Application Received:
Interview Date:
_ Appointed to:
(Commission, Board or Committee)
(D:lte)
_ Date Term Expires:
Length of Term:
jm 12/95
2
WILLIAM DAVID OSHER, CFA
22 Southridge Road East
Tiburon CA, 94920
(415) 380-8846
EXPERIENCE
March 1992 HARRIS BRETALL SULLIVAN' SMITH, INC. San Francisco, CA
to present Senior vice President, Director Fixed Income Investments. Currently
responsible for the management of the fixed income department of an
independent investment advisor with fixed assets under management of
approx. $500 mm and total assets exceeding $3.0 B. Related duties include
management of all fully discretionary fixed income portfolios, serving as
the firm's economist, serving as a member of the Investment Strategy
Committee, client servicing, development and implementation of a marketing
plan, and making presentations to consultants and prospective clients.
Increased assets under management by over $200 mm.
1989 - 1992 SECURITY PACIFIC INVESTMENT MANAGERS Los Angeles, CA
Vice President, Co-Director Fixed Income Investments. Co-managed the fixed
income department of a large money center bank with assets totaling over
$2.5 B. Related duties included making presentations to current and
prospective clients, formulating investment policies and strategies,
recruiting and developing staff, serving as an active member of the
Investment Policy Committee and managing a $100 rom GNMA Mutual Fund.
1985 - 1989 GOVAARS , ASSOCIATES, INC. Newport Beach, CA
Senior Portfolio Manager. Designed and initiated marketing qf a long
duration total rate of return portfolio for pension plans. Managed a $600
mm realized return portfolio, a $150 mm trading account, and a $170 mm
hedged MBS portfolio. Assistant portfolio manager for a $2 B. MBS/Treasury
portfolio and a MBS Mutual Fund. Securities analyst for MBS & derivatives,
longer duration Treasuries and Treasury futures and options.
Summer 1984 BEAR, STEARNS , CO.
Corporate Finance Intern. Analyzed public leveraged buyouts
1984. Created a database for the firm's future reference.
New York, NY
from 1978 to
1980 - 1983 PRICE RAFFEL , ASSOCIATES, INC.
Pension Plan Consultant. Designed pension plans
corporations. Sold life insurance.
Los Angeles, CA
for closely held
EDUCATION
1990 - 1992 ASSOCIATION FOR INVESTMENT MANAGEMENT
AND RESEARCH
Designated Chartered Financial Analyst, CFA, in
Charlottesville,
September, 1992.
VA
1983 - 1985 J .L. KELLOGG GRADUATE SCHOOL OF MANAGEMENT
NORTHWESTERN UNIVERSITY Evanston, IL
Masters of Managementdegree, 11M,' in June, 1985. Concentrations in Finance
and Accounting. Member of Graduate Management Association, Portfolio
Management and Investment Banking Clubs. Deans List. 3.8 GPA.
1982- 1983 AMERICAN SOCIETY OF PENSION ACTUARIES Los Angeles, CA
Designated Certified Pension Consultant, CPC, in OctOber, 1982.
1975 - 1979 CLAREMONT MCKENNA COLLEGE Claremont, CA
Bachelors of Arts degree, BA, in May, 1979. Dean's List. Track Team.
INTERESTS Skiing, Fly Fishing, Traveling, Reading.
REFERENCES Available on request.
Attachment to the Application for the Town of Tiburon's Town Treasurer.
Reasons for selecting your area of interest.
My family and I have been residents of the Town of Tiburon since 1992. Over that time,
we have corne to believe there is no better place in the world to live and raise our
children. Further, we believe the best way to ensure the Town retains its stature is
through community involvement.
Genine, my wife, has already taken an active role in my daughter's school, Marin
Montessori's preschool, acting as the Parent Association's treasurer. As Taylor, our
daughter, moves out of preschool and into the Tiburon public school system, Genine
plans on continuing her involvement.
The most efficient way I can add value to the Town is to share my expertise in my chosen
profession as an investment counselor. In my career I have had the opportunity to serve
with many public Agencies with investment objectives similar to those of our Town.
Examples of these would include the San Mateo County Transit District, the San Mateo
County Transportation Authority and the County of Ventura.
My goal would not be to change the way things are done, but rather to motivate good
decisions by being informative. I strongly believe sound treasury management is more
than a legal requirement, it is an admirable objective. Accordingly, I would very much
like to assist the Town of Tiburon by serving as the Town's Treasurer.
Applicable Qualifications and Experience.
I currently am a Senior Vice President and the Director of Fixed Income Investments for
Harris BretaIl Sullivan & Smith L.L.C, a San Francisco money manager with over $3
biIli.on of assets under management. I am responsible for over $300 million of
investments with similar objectives as those of the Town. I am very familiar with the
requirements of the California Government Code sections governing the investments of
the town and regularly keep up with changes in the code as part of my day to day
activities. In connection with my management responsibilities I am the firm's economist,
and a member of Harris Bretall' s investment strategy committee where all investment
decisions for the firm's clients are made. In my role as Director of Fixed Income
Investments, I prepare a monthly market review and outlook for the firm's fixed income
clients and have, on occasion, been called upon to evaluate and consult on other small
towns' and cities' portfolios.
A resume of my 14 years of investment experience is attached.
NAME: ----p-A Y TR.tJ MAN
MAILING ADDRESS: 5(, f2.~ RANcH-
TELEPHONE: Home: 38878<(0 Work:
PROPERTY OWNERS' ASSOC. (lfapp~cable) ~GGCcAI'-'DS Pteo(>6'fr( ovJ&Ets ASSo<',
TIBURON RESIDENT: (Years) 2'1 DA TE SUBMITTED: at; jJDV 9-'1
12.0 A:0 Tl6u R 0f.J
Fax No. 388 -(,/53
C' A <{1(C(20 -20Sj
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----------------------------------------------lr01N1l flaIl lise -------------------------------------------------
_ Date Application Received:
Interview Date:
(-ICf-70
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date lrerm Expires:
Length oflrerm:
jm 12/95
2
TOWN OF TIBURON
(Lv; ((0
rCL It(
F-
1505 TIBURON BOULEVARD' TIBURON . CALIFORNIA 94920 . (415) 435-7373
FAX (415) 435-2438
.-' \
.:.<~ f~~ I~;'.,
'"."/UI
.~ ,_../
1";
COMMISSION. BOARD & CO~TTEE
, .
, ~
NO\( - ,
fOI/"'-':,\ ;'/:At1hG~;>":':J OFFICE
APPLICA TION
TCv'll'; Cr~ri:JU~~Of\J
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or exp~rience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(s) of Interest in Numerical Order
.(#1 Being the Greatest Interest)
PLANNING PARKS & OPEN SPACE
DESIGN REVIEW RECREA nON
HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE LIBRARY
)( RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVIT ALIZA nON TASK FORCE
1
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October 14, 1997
Mr. Bob Kleinert, Town Manager
Tiburon Town Hall
1505 Tiburon Blvd.
Tiburon, CA 94920
Subject: Belvedere- Tiburon Recycling Committee
Dear Bob:
I would like to submit my application for an appointment to the Belvedere/Tiburon
Recycling Committee. As a longtime resident of Tiburon--28 years--my family and I have
long been strong supporters of many conservation issues, in addition to the recycling
program on the Tiburon peninsula. I believe my interest and advocacy in the recycling
program, in addition to my interest in the environment, will add to the committee's
continuing recycling education and efforts.
Thank you.
Cordially Yours,
;{tvr~
Donna S. Kline
672 Hilary Drive
Tiburon, CA 94920
Tel: 415-435-3017
Fax: 415-435-6910
emai1: Kline672@aol.com
~
frO
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NAME: ))., AI /IfA
MAILING ADDRESS: 6; 7.:1. 1-/ i 1,,\ f!..'r D;", 'v~
TELEPHONE: Home: j35-3tl /7Work: ,,,\~ Fax No.5 ~ ~-. to Cj / ()
PROPERTY OWNERS' ASSOC. (If applicable) iofhtJJ2.Ne 1/',;, 1 il.H\,~M::s !is<jN ,
TIBURON RESIDENT: (Years) .;1.. V DATE SUBMITTED: cl t-+ . ~ 7, r '19'7
~~q7)
("\
.:)
1-'l11J\t<2:.
My first choice selection-- The Recycling and Waste Management Committee--
stems from a longtime interest in conservation and recyling to reduce waste. My family
and I have taken part and supported Tiburon' s recyling program since it began in the early
19708. It is now my wish to participate more actively towards the program's continued
success by serving on the Recycling and Waste Management Committee.
My second and third choices--Heritage and Arts, and the library Committees--are
founded in a lifetime love and work in the arts and in libraries. I am a former school
librarian for the Reed Union School District and the Palo Alto Unified School District. My
present profession is a musician/writer.
Applicable Qualifications and Experience.
I have lived in Tiburon for a little over 27 years. During this time, I served on
various parent volunteer committees in the Reed Union School District while my two
daughters were attending school in the district--K-8. I also served as secretary for the
Hawthorne Homeowners Assn., and worked closely with the neighborhood to restore
views as well beautifY the Hawthorne entrance on the comer of Rock Hill and Tiburon
Blvd. It was also during this tenure as secretary that I worked with the neighborhood to
help petition Cal Trans to install a traffic signal at the intersection of Tiburon Blvd and
Rock Hill.
----------------------------------------------1rown FlaJl lJse -------------------------------------------------
Interview Date: 1- (Lf -71"
_ Date Application Received:
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date Term Expires:
Length of Term:
jm 12195
2
TOWN OF TIBURON
[505 TIBURON BOULEVARD. TIBURON . C:L1FO~~J 9.22~ . ;';415) 435.7373
FAX (415) 435-2438
A .... -~-,:..-:.; i'" iC:
~OV\j\! I,,;" ~t.,;,......l...;.~t::-, :: __; , <\..H".
, '.'0,,;;;"1)1: TI"'"I,r~J
j l'\i;\ """ . ,....l"..I,'-'.
CO:MMISSION. BOARD & CO:MMITTEE
APPLICA TION
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(s) or Interest in Numerical Order
. (#1 Being the Greatest Interest)
PLANNING PARKS & OPEN SPACE
DESIGN REVIEW RECREATION
.2 HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE 3 LIBRARY
I RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVIT ALIZA TION TASK FORCE
1
~. ,.",.\., Ti~'-"
\6' :~ (~; ~ 1- \'i/ Is \ [
COMMISSION. BOARD & COMMITTEE:~ ,0&1.30 19S ...'
Cc: ! ro
K.
"
TOWN OF TIBURON
1505 TIBURON BOULEVARD' TIBURON . CALIFORNIA 94920 . (415) 435.7373
FAX (415) 435-2438
APPLICA TION
TOWN MANAGER'S OFF;,
TOWN OF TI8URON
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
~j
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(s) of Interest in Numerical Order
(#1 Being the Greatestlnterest)
(j) LPLANNING 0.i-PARKS & OPEN SPACE
DESIGN REVIEW RECREATION
HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE LIBRARY
RECYCLING & WASTE MANAGEMENT
CD ,X DOWNTOWN REVITALIZATION TASK FORCE
1
(.fo L D tV) ,,\ N
MAILING ADDRESS: \ '} A c ~ LAO R..
TELEPHONE: Home: 43S-52S-0 Work:
PROPERTY OWNERS' ASSOC. (lfappUcable)
TIBURON RESIDENT: (Years):2. jI~ DATE SUBMITTED:
NAME:
J)L L '5
Fax No. 43:)- iS6 4
10);;9/97
.
As a rp\a+,,,~I::r "@,u llburor, res,d~ ...1- h,..,Jp
:~;~~I:~ ~~+ i~:~ In:~''~ '-ah~r~~~~~~~_~mt2r,C(jJ~:;:~+4~':f
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,
~_{:X"l~___.-h.tU.JL__'[u1(.,..,e l1",tI '_' ,"rl +,., '''''''''proJP ,.\-
--------------------------------------------- T own Hall Use -------------------------------------------------
Interview Date: (- (V ,- 70'
__ Date Application Received:
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date Term Expires:
Length of Term:
jm 12/95
2
Cc:
~
TOWN OF TIBURON
----.J- r _
T- C.
1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435-7373
FAX (415) 435-2438
- -
COMMISSION. BOARD & COMMITTEE
n,':. ~
- ~,
APPLICA TION
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
;[;;"ei"uiiii:ntal pi"Gces;; .a:lid ~h:,tiy.ities, ,he Cuu.iu.:iln..-:eusto iuto~ your iuierest io
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this fOl'm and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
4A
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(s) or Intered in Numerical Order
(#1 Being the Greate.t Intere.t)
PLANNING / PARKS & OPEN SPACE
DESIGN REVIEW ./ RECREATION
HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE LIBRARY
RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVIT ALIZA TION TASK FORCE
1
1IlIIIIfllllllillllljltilfllllllllll,IIII~II_llllllllllllt1ll1111lillJil1llil1llllllli
,=;:::;:::;::::::: ~tt1
~1:i~::t~:I: ;:~;:::; .:<"
'.:.;.:,:.:.:.~:. .",',>:. ....
niJfHH@H:
NAME: Gretchen K. wi 11 i ams
MAILING ADDRESS: 1805 Mar We ,Tiburon, CA 94920
TELEPHONE: Home: 435 8236Work: J.o'lI ~~_9 Fax No. 3J _..~
PROPERTY OWNERS' ASSOC. (Ifapplicable)
TIBURON RESIDENT: (Years) one DATE SUBMITTED: 10/16/97
,}"'~ jWu
I chose to move to Tiburon a ypar aqn hp("';::llH::P ()f' ire::: nr.u;rl11<::' 'h9i"ty and
wonderful organization-- roads and paths effortlesslv (ha') npsigned to
entice outdoor activi~y hy hntl1 rp~;npnt<:::: ~nn v; <::::;t-nrc ~'i~o ~horefore,
when I learned that: t:wn nf tnp vnllln-t-oor rl""lc::;f-;nnc:: nrCln ....0 ....nc 'town boar
wprp parke:: R.. n::~rrp.;::d"inn T want.ed t.o sllhmit an r:lppl;("'ritinn rn<::::t "haste.
My committment is toward keenina existina areas prpc::prvpn ac:: wp'1 as the
advancement of research into further areas to protect.
My qualifications' for eitnpr pnc::t arp "pry c::;mplp T holio'TO T wnuld be
a worthy candidate because I am a dedicated and hardworkino individual
who is committed to contributino to a cherished communi tv. Throuahou~ my
life I have worked with non-orofit oraanizations to furth~r ~w~rpness ant
improvement for causes important to me as an individual and as a member'
a complex community (at levels from volunteer to hoarn mpmhpr) T am ver
ashamed to say that T h~vp lpt tnp p~~t YPrlr pxpirp wi+-nnllr ~;u;ng back
the way I would li~:c, an~ thus, I ~ant ve~y i~uch to ~~illeJy illY ~hdmeful
hiatus by workinq for an area I cherish. .
----------------------------------------------1ro~ lIall lJse -------------------------------------------------
_ Date Application Received:
Interview Date:
1- (Lf - L7/(
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date 1rerm Expires:
Length of Term:
jm 12/95
2
TOWN COUNCIL
MINUTES
Ik~ -p-~
Dr" fi
I{~;:r
REDEVELOPMENT AGENCY
CALL TO ORDER
Mayor Matthews called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, December 3, 1997 at Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
A. ROLL CALL
PRESENT: BOARDMEMBERS
ABSENT BOARDMEMBER
PRESENT EX OFFICIO:
Bach, Gram, Hennessy, Matthews
Thompson
Town Manager Kleinert, Planning Director Anderson,
Town Engineer Barmand, Interim Town Attorney Sharp,
Acting Recorder Sherwood
B. BUSINESS MEETING
1 ) APPROVAL OF MINUTES - #RA56-97 - September 17, 1997
Approval of Minutes from the September 17, 1997 meeting was continued because a quorum was
not present
2) 1155 TIBURON BOULEVARD Purchase of 1.51 Acres of Town-owned Property by the
Tiburon Redevelopment Agency for Purposes of Private Development ofa Senior
Housing Project containing Affordable Housing Units; AP#58- I 51-23 (Portion) -
(Purchase and Sale Agreement & Resolution)
Planning Director Anderson reviewed the Staff report for the Council. The decision had been
made to secure funding for the Police Station by selling that site to the Tiburon Redevelopment
Agency. Staff had prepared a Purchase and Sale Agreement and he explained funding that would
be required. Staff recommended adoption of the Resolution approving the Agreement and
approving the loan of the housing income money from the Town
Boardmember Gram said he wanted the agreement to be more factually correct. Boardmember
Hennessy suggested that the item be continued until January to allow Boardmember Gram to
review the document in detail.
C. PUBLIC HEARING
3) AMENDMENTS TO REDEVELOPMENT PROJECT HOUSING
IMPLEMENT AnON PLAN - (Resolution)
Planning Director Anderson said Redevelopment Agencies are required to prepare and adopt
housing implementation plans setting forth goals and objectives to achieve housing requirements
set forth in California redevelopment law. The Town adopted such a plan in I 994;however there
7uwnCOImctl.',.Imules;; Il:''!
December S_ I <)<}-:'
were almost immediately statutory changes and it needs to be amended and expanded. The
amendments bring the plan into conformance with current statutes. This is an update and
restatement of things envisioned under the old plan. Staff recommended they hold the public
hearing and then adopt the Resolution as presented.
Boardmember Gram added on page 15, first paragraph, "for purchase by the agency and
subsequent rental to qualified households."
Boardmember Hennessy suggested "for rental or future ownership."
MOTION:
Moved:
Vote:
To approve Resolution amending the implementation plan as amended.
Gram, seconded by Hennessy
AYES Bach, Gram, Hennessy, Matthews
NOES None
ABSENT Thompson
D. ADJOURNMENT
There being no further business before the Redevelopment Agency of the Town of Tiburon, Chair
Matthews adjourned the meeting at 745 pm, sine die.
TOWN COUNCIL
A. ROLL CALL
Town Council convened with the same Boardmembers who were present for the Redevelopment
meeting.
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
There was no action taken at this time.
C. 'PUBLIC QUESTIONS AND COMMENTS
Joe Keller, 699 Hilary Drive, read a letter he had sent to the City regarding PG&E and
undergrounding utility poles in Southern Tiburon and Belvedere Old poles had been replaced
with new, taller poles with cross bars at the top Other utilities are now adding their boxes to
these poles and they negatively affect the aesthetics of the area.
T own Manager Kleinert explained that he had spoken to Mr. Keller about this and requested that
he submit his thoughts to the Council in writing. The Town receives approximately $50,000 from
PG&E annually which they accumulate to do a project. The funds have been used up and down
Tiburon Boulevard The last project caused them to borrow against future funds The residential
area Mr. Keller is addressing was affected by PG&E, who wanted to provide secondary service
for the downtown area. The project at Blackie's Pasture cost more than was anticipated and the
Town has not received an accounting for those monies from PG&E. He thought this item should
be on the agenda of a future meeting for the Council to discuss funding of under grounding this
neighborhood
Town Councl1A1mutes # 11::1
December 3. 1 '}97
2
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
E. APPOINTMENTS TO BARDS. COMMISSIONS & COMMITTEES
Town Manager Kleinert asked that Item No. E be moved to the end of the agenda and Item No.
II by reviewed in conjunction with Item no 8. Council agreed
F. CONSENT CALENDAR
2) TOWN COUNCIL MINUTES - #1126, November 5,1997 (Approve)
3) FUND TRANSFERS - FY1997/98 Budget Authorization - (Approve)
Councilmember Gram removed Item No 3, Fund Transfers from the Consent Calendar.
MOTION
Moved
Vote
To adopt the consent calendar, consisting of November 5, 197 Minutes.
Hennessy, seconded by Bach
AYES Bach, Gram, Hennessy, Matthews
NOES. None
ABSENT: Thompson
G. UNFINISHED BUSINESS
4) RUSD AMENDED AGREEMENT AND PROPERTY TRANSFER, 1101-1185 Tiburon
Boulevard - (Agreement & Resolution)
Planning Director Anderson said the Town was in formal negotiations with the Reed School
District to amend agreements concerning use of property at Ned's Way. A Resolution was
adopted by the School Board approving the amended land lease The matter is now before the
Town Council for similar approvaL Staff recommended adoption of the Resolutions approving
the exchange of real property, amending the land lease and use agreement, and authorizing the
Mayor to execute the final documents.
Mayor Matthews asked for public comment and there was none.
MOTION
Moved:
Vote
MOTION:
Moved'
Vote
To approve the Agreement to exchange real property.
Bach, seconded by Gram
AYES: Bach, Gram, Hennessy, Matthews
NOES None
ABSENT Thompson
To approve execution (by Resolution) of that same agreement.
Gram. seconded by Hennessy
A YES Bach. Gram, Hennessy, Matthews
NOES None
ABSENT Thompson
5) MAIN STREET ADA TRAFFIC IMPROVEMENTS - (Status Report by Town
Engineer)
Town COJ/nctl.Hmufes # Il:!!
December J. 1997
3
Town Engineer Barmand said they had met with the Corinthian Island residents' committee and
City of Belvedere residents. A suggestion as been made for a new task force including two
Councilmembers from Belvedere and Tiburon, each Town Engineer, representatives of Corinthian
Island residents and also of the merchants. Also, owners of the downtown properties may be
included. The alternatives are to finalize one. of the two alternatives of either one-way or two-
way traffic on Main Street
Mayor Matthews asked that Councilmember Bach chair this task force
Councilmember Hennessy asked Town Counsel if appointing this task force would have an effect
on the lawsuit.
Acting Attorney Sharp said the Council members were not a party to that lawsuit and were not
bound by the events of that lawsuit. To the extent that they were looking at ADA issues with
regard to Main Street, the Council was doing that as a good faith effort and as a policy matter.
Councilmember Gram asked ifit would adversely impact any of the defendants if the Council
continued to look at this issue.
Acting Attorney Sharp said he did not wish to render an opinion as to the posture of any of the
other defendants in that litigation In response to Councilmember Grams' question, he said he
didn't think the Council should be impeded in their efforts by the threat that any jeopardy they
might be placing property owners in would cause the Town to be drawn into that litigation. He
believed the Town was engaged in good faith issues within the Town's rights to be addressed.
Shard said there was anothe'r status conference on January 7.
Councilmember Hennessy wanted the record to reflect that the Town Council had adopted the
concept of one-way, and they were studying all alternatives as part of the CEQA process There
has bee'n no change in vote on the Council. If the new Council wanted to change that, they would
have to agendize it.
Attorney Sharp said the Town had not approved any design. They have endorsed a concept but
they can consider and adopt other concepts.
Councilmember Gram asked if the Town had a design yet. Planning Director Anderson said there
was not.
Tom Frankovich, attorney for the plaintiffs in the lawsuit, said they had been working with the
property owners to make Main Street accessible to people with disabilities They will advise their
clients at the meeting on January 7 that a task force is being formed and will indicate to the court
they need additional time for the task force to come back and report their progress. What could
speed that up is if the judge decides the case is old and needs to be heard The main property
owner is Ed Zelinsky, who could look for a special tax assessment district as a means ofraising
the funds.
Town ('010'1(:11 i\,flnllfeS;; ! / ~1'1
Oecemher 3. I 'Jy-
4
Mr. Frankovich, speaking as a resident ofTiburon, was concerned that Belvedere should put in
money. He did not believe the Town of Tiburon nor the property owners should shoulder all of
the burden if part of the solution is for the benefit of Belvedere.
Town Manager Kleinert said a draft mission statement from Belvedere submitted was included in
the Council's packet. Included on the task force were Mayor Otter, Vice Mayor Faggioli, the
City Engineer, and George Gnoss from Corinthian Island. December 18 at 8 a.m. was suggested
as the date for the first task force meeting.
6) CYPRESS HOLLOW ANNEXATION INTEREST. Consideration of Resolution
Requesting the Local Agency Formation Commission to Undertake Proceedings for
Annexation of the Cypress Hollow area to the Town of Tiburon - (Resolution)
Planning Director Anderson said the Town's previous attempt to annex the Cypress Hollow area
failed Earlier this year, property owners approached the Town expressing interest in being
annexed to the Town. He said before the Council was whether the new Town Council wanted to
move forward along lines conceptually approved by the previous Council to pursue annexation
and explore with LAFCO possible annexation interest by adjacent residents. In practice, the
Town has rarely turned down opportunities to annex properties since 1986 when the current
General Plan was developed. Should they choose to follow the previous Council's
recommendation, LAFCO said the residents should file an application with LAFCO, and the
Council should adopt a resolution requesting LAFCO to undertake annexation proceedings and
initiate rezoning procedures for the area. Should the Town Council decide to move forward with
this, the Town Manager offered to do some cost sharing with the residents of Cypress Hollow
regarding legal and mapping fees.
Councilmember Gram asked what the liabilities were Town Manager Kleinert said the impact
would be minor for the police, and that Public Works said the streets were new. Kleinert said he
did not think there would be a cost impact to the Town.
Council member Gram wanted to know that the estimated cost would not exceed what the would
receive in additional revenues
T own Manager Kleinert said he would attempt to determine the costs.
Mayor Matthews asked if the children from this area would be part of the Reed School District.
T own Manager Kleinert said they have to petition the school district to be accepted He noted
that when a house is sold in this area, the Town would receive a transfer tax.
Council member Gram asked if notice had been sent to the homes of the Cypress Hollow area for
this meeting. Planning Director Anderson said notices went to those spearheading this effort
l' own \1anager Kleinert said he thought they should agendize all annexation hearings because
they may see a shift in the public's direction
Town Council A4/nules;f 1 j-"1
December;, /99"'
5
Item was continued so complete noticing could be sent out.
H. NEW BUSINESS
7) 1501-1505 TIBURONBOULEVARD: New Library and Town Hall Flood Plain Area
Improvements (presentation by Carducci Associates, Landscape Architects)
Councilmember Hennessy recused herself.
Planning Director Anderson said the previous Council had approved Landscape Architects
Carducci Associates to work on the flood plain area improvements behind the library. These
improvements were also intended to present a tribute to the Zelinsky family for its contributions
of the land upon which the library and Town Hall are const:ucted. The presentation by Carducci
Associates was informal and for the Council's information. Anderson said the project would need
to go through a formal review process as well as a CEQA review. Preliminary cost estimates are
broken into two phases both at approximately $120,000 each based on the assumption that
everything would be built by private contracting firms. Considerable savings could be achieved by
using volunteer work. There is approximately $45,000-50,000 in the flood plain fund.
Vince Lantanzio of Carducci Associates and architect David Ross described the plan presen.ted
and explained their intentions. Mr. Lantanzio said the design utilized what is already there. To
accommodate handicap accessibility they would build a small bridge that would blend in with the
rest of the area. There would not be lights that would affect the surrounding hillside. In response
to questions about accommodating active recreation in the area, he said the direction they had
received from several different groups was that the flood plain area is to be more passive.
Maureen Miekle, Harbor Oak Drive, was concerned that there be no lighting in that area.
Lighting and noise from that area have an amphitheater effect on the homes up the hill. She said
the majority of the homeowners want the area kept the way it is.
Stewart Hopkins asked the architects how much they were being paid for this. They said they had
received approximately $6,000 to date. He suggested they get a committee to work on this
project.
Bruce Ross, 1807 Centro West, said this project could be broken into more than two phases. He
felt it should be looked at as a plan to be accomplished. It is essential to adopt a plan that the
community agrees on which then the committee could focus on. This is the backdrop for the
small civic center they've developed, He wasn't sure there should be any lighting.
Terry Hennessy, 7 Marsh Road, asked if there was a need for a bike path at all because it ends on
Marsh Road, which is a private street. This area can be accessed off Mar West Street so she
questioned the need for a handicap accessible bridge. She would like to see fencing and or
landscaping along the Point Tiburon property line to give privacy to people that live along there.
Carol Forrell and Richard Rozen of the Library Board said they would like to see a written
Town CouncilMinures # J 129
December 3,1997
6
description of the plans for this piece of property. She was concerned about the impact on noise,
parking, circulation, and safety for the library. She wanted to see story poles.
Mr. Rozen said if this park were to become an attraction, parking and traffic would be in conflict
with the library.
Brian Sullivan, Parks and Open Space Commissioner, said the original estimates excluded all
electrical from the original proposal. Steve Stein, Parks and Open Space Commissioner, said all
discussions about this area had stressed passivity of use. They did not want this area to become
an attraction in itself
Councilmember Bach asked if the committee that was part of the Town Hall development could
be reestablished and include someone from the library
Mr. Ross said he thought it would be timely for the Committee to meet with the consultant to find
how much fee was left and possibly not go to final plans at this time.
Town Manager Kleinert said Staff would work with the architects and come back to the Council
to formalize the committee After they get it into a conceptual process, they w would present it
for public review.
I. PUBLIC HEARING
9) REQUEST FOR EXTENSION OF TIME FOR APPROVED PRECISE
DEVELOPMENT PLAN - 375 Taylor Road (pD#7; file #39704); Miranda Leonard,
Owner; John Walker, Applicant; AP# 38-]82-42- (Resolution)
Planning Director Anderson said this was a request for a time extension for a project previously
approved by the Planning Commission.
There were no public comments.
MOT]ON:
To approve Resolution granting extension of time for approval of the precise
development plan.
Bach, seconded by Gram
AYES: Bach, Gram, Hennessy, Matthews
NOES . None
ABSENT: Thompson
Moved:
Vote:
The Council combined Items 8 and] 1.
8) SALE OF TOWN-OWNED PROPERTY AT 1155 TIBURON BOULEVARD -151
Acres to Tiburon Redevelopment Agency for Purposes of Private Development of a
Senior Housing Project containing Affordable Housing Units; AP# 58-] 5 I -23 (Portion) -
(Resolution)
Town CounCil AIInutes # J J 2'
December J. 1997
7
II ) OVERVIEW OF NEW POLICE STATION & SENIOR HOUSING PROJECTS -
(planning Director)
Planning Director Anderson explained a timeline submitted to the Council for this project. Seen
as critical to Staff at this time are getting an engineer on board for the Police Station project and
getting CalTrans' approval; also the need to get the Police Department relocation settled. He said
there was a great sense of urgency from the prospective senior housing developer to negotiate the
Disposition and Development Agreement with the Redevelopment Agency. That also needed
immediate attention.
Councilmember Gram said he thought Planning Director Anderson's memo was great. It pulled
several processes together and was very helpful. He asked what the process was to identifY sites
for the Police Station.
Town Manager Kleinert said he had asked the Police Department to find locations they thought
would work.
Council member Gram thought the Police had no incentive to come up with alternative sites. He
was concerned about the process to get the thing started.
Town Manager Kleinert said they were forming a working committee including the Building
Advisory chairman, the Senior Housing committee, the Town Engineer, the Police Chief, the
Planning Director and himself, and they would be meeting in the next week.
Councilmember Hennessy asked who was going to absorb the cost of temporary housing for the
police Town Manager Kleinert said they were going to see if this could be worked out with the
developer.
Tom Webber, redevelopment attorney, said, no one was working with the developer and the
developer wanted an agreement from the Town Town Manager Kleinert said he had been talking
to the developer.
Tom Webber said the Town could not enter into an agreement prior to environmental review
What they can do is tell the developer that they will only negotiate with them. Once the
environmental review is done, a Disposition and Development Agreement could be done at the
same time. A key component of the timing of this is the police station.
Councilmember Gram attempted to move this process along. He wanted to know what the Police
were doing to find a place and who was on the committee. Town Manager Kleinert said the
committee included the John Kern, Larry Smith, Jim Wilson, Sia Barmand, Scott Anderson, Chief
of Police Herley, Lieutenant Aiello, and himself.
Larry Smith said they had looked at the Sausalito Police's temporary quarters and used that to
determine what they would need for their temporary facilities. TPC has said Judge field can be
used and it will cost $50,000 for a year Existing real estate would be lots cheaper but the
Town COllneil Ahnu.les It il::'I
December ], 199'7
8
problem with finding existing real estate if they don't know when they will need it. They will look
for what is possible and, once they have a date certain, they can start negotiating.
Councilmember Gram said they didn't have to move the police until the developer was ready to
grade the land. He said there needs to be an interface with the developer and the police.
Planning Director Anderson said Mr. Berman, the developer, seemed to be asking for some
commitment from the Redevelopment Agency as to who will own the site. They've asked the
Redevelopment Agency counsel to talk with him to see if there is something they can enter into
with him to get the process going.
Councilmember Gram said he would be willing to sit on a committee to get this moving.
Councilmember Hennessy asked that they agendize asking Mr. Wilson to act as project manager
for this project for the January meeting.
J.
None
COMMUNICA TIONS
K.
10)
STAFF & TOWN MANAGER REPORTS
MILL VALLEY REFUSE SERVICE MINI CAN PROGRAM - (Town Manager)
Town Manager Kleinert said this was a matter of information and had been approved by the prior
CounciL
3) FUND TRANSFERS - FYI 997/98 Budget Authorization (Approve)
Town Manager Kleinert said they were talking about moving $125,000 from the flood plain
interest into the General Fund to offset the cost of the Town Hall building. However, that leaves
$45,000 in the fund for Flood Plain improvements.
Council member Gram asked about the legal fees. He thought the Council should address the
status of those funds. Do they come from the General Fund or are they debited to the Marsh
Funds. $70,000 was spent.
Town Manager Kleinert said the previous Council's decision was that $125,000, representing
interest earnings, was to be earmarked for Town Hall construction fund.
Councilmember Hennessy suggested moving $100,000 into the new Town Hall fund and use the
$70,000 for the litigation. A zero balance would be in the Flood Plain fund. This would let the
public know they have zero funds for improvement.
Town Manager Kleinert said he thought the Town had some obligation to the Zelinskys' to see
that something is done
Town Council Minutes # 112?
December 3.1997
9
MOTION:
Moved:
Vote:
To approve Fund Transfers - FY 1997/98 Budget Authorization as presented.
Hennessy, seconded by Bach
AYES: Bach, Gram, Hennessy, Matthews
NOES None
ABSENT: Thompson
E. COUNCIL, COMMISSION & COMMITTEE REPORTS
I) APPOINTMENT OF TOWN COUNCILMEMBERS TO TOWN & REGIONAL
COMMITTEES
Councilmember Bach requested a schedule of the calendar for the year noting when the various
committees met.
Appointments were accepted as submitted with the following changes:
MCCMC Economic Legislative Committee
Harry Matthews (replacing Terry Hennessy)
MOTION:
Moved:
Vote:
To approve Committee appointments as submitted.
Hennessy, seconded by Bach
AYES: Bach, Gram, Hennessy, Matthews
NOES: None
ABSENT: Thompson
Additional appointments included
Council members Bach and Gram will continue to serve on the Building Advisory and
Senior Housing Advisory Committees, respectively
'Councilmember Bach will be the Council liaison to the Disaster Advisory Council;
Councilmember Gram will fill the role on the Joint Recreation Committee.
Main Street Traffic Subcommittee members will be Councilmembers Bach and Gram.
MOTION
Moved:
Vote:
To approve the Town committee appointments as presented.
Hennessy, seconded by Gram
A YES: Bach, Gram, Hennessy, Matthews
NOES: None
ABSENT Thompson
Town COlme11 Minutes # 1/]9
December 3, f99~
10
L. ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Matthews adjourned the meeting to December 8, 1997, Planning Commission interviews.
HARRY S MATTHEWS, MAYOR
ATTEST
DIANE L CRANE, TOWN CLERK
Tuwn ('Oi~nctl ;\lmules t; j / _19
Oec:emher 3. /91.)~
II
TIBURON TOWN COUNCIL
STAFF REPORT
Subject:
January 21, 1998
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
MONTHLY INVESTMENT SUMMARY REPORT - AS OF THE MONTH
ENDED NOVEMBER 1997
Item:
")
,.)
Meeting:
To:
From:
TOWN OF TIBURON
Institution! Agency
Amount
Interest Rate
Maturity
--
State of California $4,412,713 5.715% Liquid
Local Agency
Investment Fund
I Total Invested:
$4,412,713 I
TffiURON REDEVELOPMENT AGENCY
Institution! Agency
Amount
Interest Rate
Maturity
State of California $446,745 5.715% Liquid
Local Agency
Investment Fund
I Total Invested:
$446,7451
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. (Received December 29, 1997)
Acknowledgment: This summary report accurately reflects all pooled investments of the Town of
Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the
Investment Policy adopted by the Town Council. The investment program herein summarized
provides sufficient cash flow liquidity to meet next month's estimated expenditures.
:@
Richard Stranzl, Finance Director
January 5, 1998
Tk~ iFi
Police Department
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
Members of the Tiburon Town Council
Peter G. Herley, Chief of Police
Statistical Overview - December, 1997
January 14, 1998
Attached is the monthly statistical overview of police activity for the month of December, 1997,
comparative statistics for the statistics for the same month last year, and year-to-date compansons
from 1996. Please note that the year-to-date (YTD) summaries also note the year end totals. Also
included is a brief summary of various interesting incidents requiring police action.
P~
CHIEF OF POLl
Tiburon Police Department
Comparative Statistics
December 1996 - December 1997
l1MlW 2Ut!! 2lX!lI 12/96 12/97 ~ fu!!!
Part I Crimes 5 7 150 148 ARRESTS
Part II Crimes .ll -1I. ..ill.. .ill.
TOTAL 27 24 519 442 Adult - Felony 2 I 13 22
Adult - Misdemeanor 14 4 161 100
Part I - Cleared I 4 39 50 Juvenile - Felony , 0 0 6 8
Part II - Cleared J.i .J.. l4L .ill. Juvenile - Misdemeanor ...l ...Q. -1L ..lL
TOTAL 15 13 280 245 TOTAL 18 5 198 141
Drunk Driving Arrests 2 44 31
CRIMES AGAINST PERSONS
28 TRAFFIC COLLISIONS
Assault I 2 25
Robbery 0 0 I 0 Injury 2 I 20 14
Rape 0 0 2 I Non-Injury .t .1 .J.L .JL
Homicide JL JL JL ...Q. TOTAL 2 3 75 60
TOTAL I 2 28 29
CITATIONS ISSUED
Moving 81 43 1292 759
CRIMES AGAINST PROPERTY Parking J! ill .llil 4147
TOTAL 135 206 5690 4906
Burglary - Residential 0 0 13 8
Burglary - Commercial 0 0 5 10 ACTIVITY
Burglary - All Other -L --L ..lL -1L
TOTAL I I 29 39 Calls for Service 373 405 5484 5181
Theft - From Auto 0 0 17 4 PROPERTY
Theft - Grand 2 2 35 34
Theft - Petty I I 39 39 Property Stolen 5,865 16,685 233,986 153,754
Theft - GT A JL --L --L -1. Property Recovered 0 125 25,701 23,659
TOTAL 3 4 92 80
TOWN OF TIBURON
MEMORANDUM
Po/ice Department
To:
From:
Subject:
Date:
Lieutenant Tom Aiello
Sergeant David M. Hutton
December Assist Outside Agency Statistics
January 10, 1998
The following is an account of the Assist Outside Agency Statistics for our Department for the
month of December 1997, as requested by the Town Council. The report is divided by watch.
WATCH 1
Assist to Belvedere PD 9
Assist by Belvedere PD 6
Assist Marin County SO 2
Assist All Others 1
WATCH 2
Assist to Belvedere PD 3
Assist by Belvedere PD 2
Assist Marin County SO 0
Assist All Others 2
WATCH 3
Assist to Belvedere PD 3
Assist by Belvedere PD 5
Assist Marin County SO 0
Assist All Others 2
cc: Chief Herley
TIBURON POLICE DEPARTMENT
MONTHLY RECAP
DECEMBER 1997
A resident on the 200 Level of Neds way reported a man walking around the complex with
a large gun in his hand. Officers contacted the subject and talked with him, but no weapon
was found.
A one ton gardener's flatbed truck lost its brakes on Meadowhill Drive. It was not occupied
and rolled a considerable distance down the hill before coming to rest. The truck's parking
brake had failed.
Officers responded to a call of a person attempting to use a stolen credit card at the
Lodge. It was determined the subject had committed a burglary in Fairfax and had been
using the victim's identity, as well as his credit cards and checks. The suspect had
fraudulently charged items and passed checks all over the Bay Area for several weeks
before our contact with him. He was subsequently taken to jail and charged with fourteen
felonies. (He has already pled guilty and remains in custody pending sentencing later this
month!)
Officers took custody of a resident who tried to drown himself in his own bathtub in an
unsuccessful suicide attempt. He was transported to the crisis unit.
A civil dispute took a turn for the worse when a man, arguing with another over property
that one of the men was in possession of, decided to slash the tires of the other man.
Police responded and took possession of the knife so no one would get hurt. Neither man
wanted to prosecute the other.
A woman living on Redhill Circle received serious injuries the morning after a party she
hosted. She had allowed a male acquaintance to sleep on the couch as he had been
drinking too much to leave. The next morning, she tried to usher him out so she could go
to work. He became extremely agitated and beat her up. After investigating, this case was
sent to the District Attorney's Office who filed assault with a deadly weapon charges
against the suspect.
An Officer on patrol witnessed a single bicycle accident. A young man was riding on the
wet roadway when he lost control and toppled over, striking his head on the pavement.
The Officer immediately assisted him and summoned medical help.
A citizen reported a man walking along Tiburon Boulevard who appeared suspicious
because he was talking to himself. Officers contacted him and ran a routine warrants
check. The subject had a large outstanding warrant for failing to appear on a narcotics
charge. He was taken and booked into County Jail.
A vehicle parked on Mariner Way rolled down the driveway, across the street, into a
private driveway, coming to rest against a concrete embankment. The car's parking brake
had failed.
A car was burglarized at Blackies pasture early in the month. The victim did not think to
report it immediately. Several days later, someone attempted to use one of the victim's
credit cards at Office Depot in San Rafael to buy a computer. Our case is being
investigated with the assistance of San Rafael Police Department.
A car was stolen on Circle Drive early in the month. The suspect was a daughter of the
apartment manager, who had access to victim's apartment key. The car has since been
recovered in San Francisco. This case is still under investigation.
During December, the Police Department sponsored our sixteenth annual "Good Driver"
citation program. When an Officer observed a courteous driver, the driver was stopped
and given a "citation" good for various gifts donated by local Tiburon merchants. The
program was once again a huge success and enjoyed by all!
Prepared by Sgt. Judd
Tiburon Police Department
Comparative Statistics
November 1996 - November 1997
llMl!L2l U 97ytd 11/96 11/97 96ytd 97ytd
Part I Crimes 12 13 145 141 ARRESTS
Part II Crimes .ll .ll l4L 277
TOTAL 35 35 492 418 Adult - Felony 2 0 II 21
Adult - Misdemeanor 5 9 147 96
Part I - Cleared I 4 38 46 Juvenile - Felony 0 0 6 8
Part II - Cleared J.i .Jl 111 ill. Juvenile - Misdemeanor ...i ...Q. J.6... ..lL
TOTAL 15 16 265 m TOTAL 7 9 180 136
Drunk Driving Arrests 4 42 30
CRIMES AGAINST PERSONS
24 26 TRAHIC COLLISIONS
Assault 2 2
Robbery 0 0 I 0 Injury 2 0 18 13
Rape 0 I 2 I Non-Injury ..! 1. A .M..
Homicide JL JL JL ...Q. TOTAL 6 8 73 57
TOTAL 2 3 27 27
CITATIONS ISSUED
Moving 57 58 1211 716
CRIMES AGAINST PROPERTY Parking .ill.. III 4344 3984
TOTAL 309 349 5555 4700
Burglary - Residential I 2 13 8
Burglary - Commercial I I 5 10 ACTIVITY
Burglary - All Other ~ JL ~ ...N..
TOTAL 5 3 28 38 Calls for Service 402 375 SIll 4776
Theft - From Auto 0 0 17 4 PROPERTY
Theft - Grand 4 2 33 32
Theft - Petty I 5 38 38 Property Stolen 9,536 17,384 228,121 137,069
Theft - GT A JL JL --L -L Property Recovered 2,513 0 25,701 23,534
TOTAL 5 7 B9 76
TIBURON POLICE DEPARTMENT
MONTHLY RECAP
NOVEMBER 1997
A woman who had stayed at the Lodge several weeks prior with an acquaintance reported
that he had sexually assaulted her. After an investigation was conducted, it was
determined that there was not enough evidence for prosecution in this case.
A local resident was walking her dogs late one night when one of them stepped off a dock
at the San Francisco Yacht Club, falling into the Bay. A Tiburon Officer and a Belvedere
Officer used a borrowed boat and searched under the pilings for the dog. He was found
some time later standing on a small rock outcropping, and was rescued unharmed.
A Ned's way resident reported vandalism to her vehicle. While parked in the lot someone
had broken her antenna off.
Officers investigated a mail theft on Pine Terrace. A landlord reported that numerous rent
checks from tenants, who lived at different rental units, never arrived at his home. This
case was forwarded on to Postal Investigators.
Tiburon's motor officer attempted to stop a motorcycle for excessive speed. A pursuit
ensued from Tiburon Boulevard southbound on Highway 101 to Sausalito. The pursuit was
terminated for safety purposes. The motorcycle he was pursuing was traveling
dangerously in and out of traffic at speeds over 100 miles per hour. The suspect was last
seen going through the toll plaza, with all lights off, at about 80 miles per hour.
Officers saw two juveniles at the Boardwalk near where graffiti had just been sprayed.
The graffiti was gang signs similar to others that these two juveniles had previously been
arrested for. After an investigation, they were turned over to Belvedere Police, (as the
offense had occurred in their jurisdiction), who arrested them for public intoxication and
vandalism.
A woman went into a local establishment and purchased several hats. She paid with a
check on an account that has been closed for two years. A subsequent investigation
showed that this person has over 17 aliases, and is wanted statewide for similar incidents,
and has even spent time in prison for this type of fraud. Our case has been submitted to
the District Attorney's office for a warrant.
A large delivery truck that was making a delivery on Ridge Road rolled away, unoccupied.
It traveled several hundred feet down the road before coming to rest, overturned, on a
hillside. Nobody was injured in this accident.
A domestic dispute was investigated on Rockhill. The fight turned physical and the wife
was struck in the face. This matter has been sent to the District Attorney's office.
L
Officers' investigated noise complaints coming from the Tiburon Peninsula Club. This is
an ongoing problem between local residents and the Club. The management at the Club
has been advised to obtain proper permits for amplified music in the future.
A resident having a party on Gilmartin Drive requested our assistance removing an
unwanted subject from his home. The subject had been drinking too much and was getting
out oi control. The Homeowner wanted him arrested for trespassing. After reconsidering,
the homeowner changed his mind and asked that we take the intoxicated guset to the
Lodge, where he spent the rest of the night without incident.
The metal mailbox across from #6 Lyford Drive was forced open, and all the mail inside
was stolen. This case has been forwarded to the Postal Investigators.
An officer spotted a car driving the wrong way down Tiburon Boulevard, with several flat
tires. After an investigation the subject, (who had come from the Presidio), was arrested
for drunk driving.
A young Tiburon girl, despondent over a breakup with her boyfriend, took in excess 9f 100
pills in a suicide attempt. Officers committed her to the Crisis Unit after treatment at the
emergency room. This matter was referred to Child Protective Services for their
investigation.
A resident's cat on Sugarloaf came home with a pellet wound and was treated by a local
veterinarian. This case is being handled as a felony cruelty to animals, and will be referred
to the Humane Society.
A large group of partygoers became too rowdy at Guaymas, with one subject punching a
hole in a wall. Officers from Mill Valley and Belvedere assisted our Department in escorting
the partygoers safely back into their Iimous'ine which then left town immediately!
Officers located two vehicles parked on the roadway last month with registration fees due.
One vehicle had not been registered since 1984, the other since 1994. In both instances
the vehicles were impounded. In another case, a resident had a vehicle with current
Colorado registration on it, which in fact was not registered. (This case is still under
investigation).
Officers responded to Janet Way on a medical aid. Upon arrival, they learned that the
person who was injured had just jumped from the second story of the building in a suicide
attempt. He was committed to the crisis unit after emergency medical treatment.
Prepared by Sgt. Judd
TOWN OF TIBURON
MEMORANDUM
Po/ice Department
To:
From:
Subject:
Date:
Lieutenant Tom Aiello
Sergeant David M. Hutton
November Assist Outside Agency Statistics
December 9, 1997
.
.:-o:~~OF-TI
/o;.~"(..~
'0 ..,..
/J..... ~.,~o:,
-!~.;~?""/I-
\v<,;~~<.; .:;;,1<0'7/
~ ""0.-:" ,/"-' ~"...o,
'?/lilA -\';\"" 4.:.
.
The following is an account of the Assist Outside Agency Statistics for our Department for the
month of November 1997, as requested by the Town Council. The report is divided by watch.
WATCH 1
Assist to Belvedere PD 11
Assist by Belvedere PD 7
Assist Marin County SO 2
Assist All Others 6
WATCH 2
Assist to Belvedere PD 5
Assist by Belvedere PD 4
Assist Marin County SO 0
Assist All Others 1
WATCH 3
Assist to Belvedere PD 7
Assist by Belvedere PD 2
Assist Marin County SO 0
Assist All Others 0
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TOWN OF TmURON
STAFF REpORT
ITEM NO.
5
To:
From:
Subject:
Date:
TOWN COUNCIL
DANIELM. WATROUS, SENIOR PLANNER
ANNUAL GENERAL PLAN STATUS REPORT FOR 1997
JANUARY 21,1998
BACKGROUND
Government Code Section 65400 requires that an annual report be prepared by the planning
agency of each town or city, which is then forwarded to the appropriate legislative body, on the
status of the General Plan and progress in its implementation. In Tiburon, the "planning agency"
is the Planning Commission.
The statute specifically requires a progress report on meeting the community's regional fair share
housing allocations. Furthermore, the statute requires that the annual report include a description
of "local efforts to remove governmental constraints to the maintenance, improvement, and
development of housing." These topics are addressed on Page 2 of the annual report.
State law also requires that the annual report be forwarded to the State Department of Housing
and Community Development (HCD) in Sacramento each year.
The Planning Commission reviewed this report at its January 14, 1998 meeting, and voted
unanimously to forward the report to the Town Council with a recommendation for adoption.
RECOMMENDATION
It is recommended that the Town Council accept the annual report and direct Staff to forward the
report to HCD.
ATTACHMENTS
1. Draft annual report
TOWN OF TmURON
CALENDAR YEAR 1997
GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
PREPARED BY TOWN OF TmURON
PLANNING DEPARTMENT
ENDORSED BY TOWN OF TIBURON PLANNING COMMISSION
ON JANUARY 14, 1998
ADOPTED BY TmURON TOWN COUNCIL
ON JANUARY 21, 1998
INTRODUCTION
This report is intended to satisfY statutory requirements of Government Code Section 65400
concerning the status and implementation of the Town of Tiburon General Plan. The following is
an element-by element summary of the General Plan status for 1997.
ClRCULATION ELEMENT
The Circulation Element was adopted in 1989 and extensively amended in 1994.
It is anticipated that the recent revisions to the Circulation Element will keep that element viable
for at least another two (2) years. Periodic monitoring of traffic counts and reassessment of
policies will continue to occur as needed. The latest results of traffic counts (taken in June, 1995)
contained no surprises and indicate that signalized intersections are operating well.
At the Tiburon Wye, this year Marin County completed the left turn stacking lane extension from
Tiburon Boulevard onto Northbound Redwood Highway Frontage Road. This improvement
(fully funded by the County) tripled the storage capacity of this turn pocket, and appears to be
functioning well.
The Town has accumulated approximately $80,000 in a dedicated account for improvements at
the Tiburon Wye, and will coordinate expenditure of the funds with Marin County as
improvements are proposed in the future.
Cahrans presented plans to construct a park-and-ride lot along Tiburon Boulevard near Lyford
Drive in 1997, at no cost to the Town. This project was reviewed in concept by both the Planning
Commission and Town Council. Both the Commission and the Council rejected the Caltrans
design, finding that the extensive paving and minimal landscaping would not be appropriate as an
entrance to Downtown Tiburon, and would result in a decrease in the number of available parking
spaces m this area. Caltrans indicated that this project would not likely be resurrected within the
foreseeable future as a State-funded project.
HOUSING ELEMENT
The Housing Element was totally revised in 1991. In 1994, an appendix was added to comply
with State requirements for "at risk" housing. The State Department of Housing & Community
Development found this amendment satisfied the requirements of State law.
State law currently requires that the Town prepare and adopt a total revision of its Housing
Element by June 30, 2000. Experience has shown that this process can take up to one year to
complete, primarily as a result of extensive data collection requirements. The Town Council
should be prepared to allocate funds for this comprehensive update for FY 99-00.
For calendar year 1997, some progress was made in meeting the Town's regional fair share
1998 GENERAL PLAN STATUS AND IMPLEMENTATION REPORT
JANUARY 21. 1998
housing needs. Specifically, the 16-unit affordable senior housing project (Cecilia Place), was
completed and fully occupied. No other units which could be classified as "moderate income",
"low income", or "very low income", were built in 1997.
In the "above-moderate income" housing category, 14 new single-family detached dwelling units
were constructed. This is compared with previous totals of29 homes in 1996, 18 homes in 1995,
22 homes in 1994, 48 homes in 1993,47 homes h 1992,34 homes in 1991, and 38 homes in
1990.
The Senior Housing Advisory Committee (SHAC) has selected a developer for the old Town Hall
site as a senior housing project. This site is the mo promising of all sites in the Town for
development of affordable housing units. A senior Jusing project not to exceed approximately
25 units is envisioned for the 1.5 acre property is expected to begin construction in 1998 or 1999.
Four very low income units are proposed within this project.
Section 65583(c)(3) of the California Gove=ent Code requires Housing Elements to "Address
and, where appropriate and legally possible, remove gove=ental constraints to the maintenance,
improvement, and development of housing." The Housing Element, at pages 18-26, describes
these constraints and concludes that the existing constraints to housing are appropriately balanced
with resource protection and quality of life considerations. Staffis unaware of any changes during
1997 which would significantly alter the existing framework in which the maintenance,
improvement, or development of housing occurs. Tiburon's housing stock is in very good shape
overall, and the Town's aggressive Residential Building Report (RBR) program, among others,
encourages the maintenance and improvement of residential units prior to their sale.
OPEN SPACE & CONSERVATION ELEMENT
This element was adopted in 1989 and has not been amended since. The Town Council has
requested amendments to this element be pursued during the next round of general plan
amendni.ents, including better definitions of certain terms, and incorporation of Resolution No.
2859 concerning secondary ridgelines. Portions of this Element should also be updated to reflect
Marin County's adoption of a revised CountyWide Plan in 1994. It is not believed that any
dramatic changes to this Element are needed, its content being of a more timeless nature than
certain other Elements.
LAND USE ELEMENT/DOWNTOWN SUB-ELEMENT
The Land Use Element was adopted in 1989. Minor amendments to the Land Use
Element/Downtown Sub-element were adopted in 1990, 1991, and 1994. Major updating of this
Element should be considered for 1998. It is likely that the Town's annexation policies may be
reviewed in conjunction with LAFCO's ongoing review of the dual annexation policy.
1998 GENERAL PlAN STATUS AND lMPlEMENrATIONREPORT
JANUARY 21. 1998
SAFETY ELEMENT AND NOISE ELEMENT
Both of these elements were adopted in 1989 and neither has been amended since then. No need
for immediate revision is contemplated for these elements. A more thorough review should be
considered for 1998.
PARKS & RECREATION ELEMENT
The Parks & Recreation Element was adopted in 1989 and amended in 1994. No further
amendments are contemplated as being necessary at this time. A more thorough review should be
considered for 1998, especially with respect to the policies reflecting Angel Island State Park.
CONCLUSION
The General Plan, through periodic updates and amendments, continues to successfully function
as the blueprint for Tiburon's future land use-related decisions.
There have been relatively few amendments to general plan law in the past several years. This
fact, in combination with relatively few major new development approvals in Tiburon, meanS that
the General Plan has remained current longer than if other circumstances prevailed.
The Town's current approach with its General Plan is to periodically review individual elements or
small groups of elements to ensure currency and internal consistency. This is largely because of
the enormous costs associated with comprehensive General Plan revisions. The Planning
Commission and Town Staff believe that this approach is both effective and financially prudent,
and recommend that it be continued.
With the recent turnover in membership for both the Planning Commission and Town Council, it
may be beneficial to schedule a review of all Elements of the General Plan in 1998. The findings
of this review could then be forwarded to the Commission and Council in a workshop setting. At
that time, a determination can be made regarding the possible need for other General Plan
amendments to accompany the State-mandated revision of the Housing Element by June 30,
2000.
lreportslgpanul97.rpt
1998 GENERAL PlAN STATUS AND IMPLEMENrATIONREPORT
JANUARY 21.1998
7-kv- :P0
~.
CITY AND COUNTY OF SAN FRANCISCO
OFFICE OF THE CITY ATTORNEY
.~..;;:;>\
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LOUISE H. RENNE
City Attorney
ANOREW W. SCHWARTZ
Deputy City Attorney
D,.ECT OIAL: 14151 554.3906
January 6, 1998
TO ALL CALIFORNIA CITY ATTORNEYS AND COUNTY COUNSEL
Re: Amicus Support for Petition for Cert, in Del Monte Dunes v. Citv of Monterev (9th
Cir. 1996) 95 F.3d 1422, reaffd Q!l ~ (1997) 97 Daily Journal OAR. 8188
Dear City Attorney/County Counsel:
In the above case, the federal court held that the question ofa city's liability for inverse
condemnation may be tried to a jury. San Francisco will be filing an amicus curiae brief in
support of the City of Monterey's petition for certiorari to the U.S. Supreme Court on this issue.
This is a request that your city or county join in the brief at no cost.
In Del Monte Dunes. the City of Monterey had limited development on propcrty if) order
to protect sensitive natural habitat. The court assessed $1.5 million in damages against the City
for a regulatory taking. The Ninth Circuit held, for the first time, that ajury is the appropriate
decision-maker to detcrmine liability for a taking under the Seventh Amendment to the U.S.
Constitution. The Seventh Amendment provides a right to ajury trial for "suits at common law"
(U.S. Const., amend, VlL) This decision conflicts with the rule prevailing in the California
courts, where liability for a taking of property is tried to ajudge. (See Hensler v. Citv of
Glendale (1994) 8 Cal.4th I, 15.) The decision in Del Monte Dunes also conflicts with the rule
in the 11th Circuit. (See New Port Large, Inc. v. Monroe Countv (11th Cir. 1996) 95 F.3d 1084.)
In the amicus brief. San Francisco will ask the Supreme Court to grant certiorari on the
jury issue only. San Francisco will argue that cert. should be granted because there is a split in
the federal circuit courts on this issue. We will further argue that there is no right to ajury to
decide the takings issue in federal court under the Seventh Amendment or any other authority.
The Appellate Advocacy Committee of the California League of Cities urges all Califomia cities
to join in the brief. If your city or county agrees to join, please complete the enclosed form by
January 16, 1998 and return to our office.
Very truly yours,
LOUISE H. RENNE
City Attorney. ~
O.~ W<~~_rYO~
ANDREW W. SCHWART~ Y_n_~
Deputy City Attorney
Fox PLAZA' 1390 MARKET STREET, SIXTH FLOOR' SAN FRANCISCO, CALIFORNIA 94102-5408
RECEPTION: (415) 554-3800. FACSIMILE: (415) 554-3808
TOWN OF TIaURON
STAFF REpORT
ITEM NO.
7
To: TOWN COUNCIL
From: DANIEL M. WATROUS, SENIOR PLANNER
Sul1ject: ADOPTION OF RESOLUTION DENYING APPEAL OF PLANNING
COMMISSION DECISION TO DENY A CONDITIONAL USE PERMIT TO
ESTABLISH A SECONDARY DWELLING UNIT - 31 MARK TERRACE
.!!1lk:. JANUARY 21, 1998
SUMMARY:
On January 7, 1998, the Tiburon Town Council held a public hearing on an appeal of the Planning
Commission's decision to deny a Conditional Use Permit application to convert an existing pool
house into a secondary dwelling unit on property located at 31 Mark Terrace. After receiving
testimony and considering the application, the Council voted to deny the appeal and directed Staff
to return with a resolution memorializing this action. The resolution has been prepared and is
attached.
RECOMMENDATION:
It is recommended that the Town Council adopt the attached resolution denying the appeal of the
Planning Commission's denial of Conditional Use Permit No. 19711.
Town of Tiburcn
SlaffReport
1/21/98
tcl9711.ap2
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
REGARDING THE DENIAL OF AN APPEAL BY CARLOS AND ANA BARADELLO
OF THE DENIAL OF CONDITIONAL USE PERMIT NO. 19711
FOR PROPERTY LOCATED AT 31 MARK TERRACE
WHEREAS, on October 8, 1997, the Planning Commission held a public hearing to
consider the approval of a Conditional Use Permit to establish a secondary dwelling unit in an
existing poolhouse on property located at 31 Mark Terrace, proposed by Stephen Yafa and
Bonnie Dahan, and Carlos and Ana Baradello; and
WHEREAS, after receiving public testimony and considering the application, the
Commission determined that the proposed secondary dwelling unit would result in harmful noise
and parking impacts on the surrounding neighborhood, inconsistent with the guidelines for
secondary dwelling units contained in Section 4.05.05 of the Tiburon Zoning Ordinance; and
WHEREAS, on November 12, 1997, the Planning Commission adopted Resolution No.
97-24 denying the requested conditional use permit; and
WHEREAS, on November 21, 1997, Carlos and Ana Baradello filed an appeal of the
Commission's decision to deny the conditional use permit, claiming that the decision was not
supported by the evidence in the record; that less drastic means other than an outright denial of
the permit were available to the Commission to address the concerns raised at the public meeting;
and that the adopted resolution denying the permit was procedurally defective; and
WHEREAS, the appeal came before the Town Council of the Town ofTiburon on
January 7, 1998, at which time the Town Council held a duly-noticed public hearing on the
appeal; and
WHEREAS, on January 7, 1998, after hearing all testimony and reviewing all documents
on the record, the Town Council concurred with the decision made by the Planning Commission,
found that the subject property was an inappropriate location for a secondary dwelling unit
because of the potential noise and parking problems which would be caused by this use on this
site, and found that allowing the secondary dwelling unit would result in increased use of the
poolhouse and pool area, thereby causing unacceptable noise and parking problems.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby deny the appeal and uphold the denial of the Conditional Use Permit for the
property owned by Carlos and Ana Baradello located at 31 Mark Terrace (Marin Assessor Parcel
Number 039-141-17).
Tiburon Town Council
Resolution No.
1121198
1
PASSED AND ADOPTED at a regular meeting of the Town Council on January 21,
1998, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
HARRY S. MATTHEWS, MAYOR
TOWN OF TffiURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
tc19711.res
Tiburon Town Council
Resolution No.
1121196
2
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 1/21/98
g
To:
From:
Subject:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTO~
PERMANENT RESTROOMS IN BLACKIE'S PASTURE PARK: PROJECT
CONSIDERATION AND FUNDING (Appropriate Funds)
JANUARY 16, 1998
Date:
BACKGROUND
In October, 1997, the Town Council gave conceptual approval for the installation of a Romtec
Sierra II permanent restroom building in Blackie's Pasture Park, at a location just west of the
Richardson Bay Sanitary District property line (see Exhibit A). The Town Council directed that
formal landscaping plans be prepared and reviewed by the Design Review Board, and that more
detailed cost estimates be developed by Town Staff.
LANDSCAPING UPDATE
Detailed landscaping and irrigation plans were prepared by Ralph Alexander Associates and
reviewed by the Design Review Board on January 15, 1998. The Board responded favorably to
the plans. The DRB staff report and its attachments are included as Exhibit B to this report.
COST ESTIMATES UPDATE
The Town Council also requested more definitive cost estimates for the restroom facility.
Working with Landscape Architect Ralph Alexander and the Public Works Department, a revised
cost estimate of approximately $57,000 has been developed. This assumes some of the work
(grading, installation of the landscaping and irrigation) is performed by the Public Works
Department. This also assumes a waiver of certain MMWD plan review requirements. Further
savings could be achieved through waiver of the sewer hook-up fees by Richardson Bay Sanitary
District and other means. A breakdown of estimated costs is attached as Exhibit C.
Parks & Open Space Commissioner Kurt Obermeyer is securing two independent cost estimates
from contractors. This information may be available for the meeting.
Tiburon Town Council
SlajfRepart
1/21/98
1
The Public Works Department has estimated that it will take approximately 2 man-hours a week
to maintain the restrooms. Other costs include restroom supplies and utility bills, the largest of
which would be the water bill. These costs would be off-set by elimination of the two portable
toilets closest to McKegney Green. Overall operational and maintenance costs for the permanent
restrooms are not expected to be substantial.
RECOMMENDATION
1. That the Town Council reaffirm the previous Town Council's approval of the restroom
facility.
2. That the Town Council appropriate an amount not to exceed $57,000 for purchase and
installation of the permanent restroom facility from the Capital Outlay Reserve Fund. This
fund currently has a projected end-of-fiscal-year balance of $89,000, and after project
completion would have an estimated end-of-fiscal-year remaining balance of $32,000.
3. That Staffbe directed to order the restroom building (estimated delivery in six weeks) and
solicit construction bids for the project.
EXHffiITS
A. Vicinity map.
B. Planting plans and specifications prepared by Ralph Alexander dated 12/31/97.
C. Cost estimate sheet.
Iposclresttc.rpt
Tiburon Town Council
StajJReport
1/21/98
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TOWN OF TIBURON
STAFF REpORT
TO:
DESIGN REVIEW BOARD
AGENDA NO.: F 7
MEETING DATE: 1/15/98
FROM:
SUBJECT:
SCOTT ANDERSON, PLANNING DIRECTO~
1 BLACKIE'S PASTURE ROAD: REVIEW LANDSCAPING FOR
PERMANENT RESTROOM BUILDING IN BLACKIE'S PASTURE PARK
JANUARY 8, 1998
DATE:
APPLICANT - TOWN OF TIBURON
PROPERTY OWNER - TOWN OF TIBURON
PROJECT DATA
ADDRESS:
FILE NUMBER:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
I Blackie's Pasture Road (Blackie's Pasture Park)
797154
P (public)
P (public)
C (outside 100 year flood)
BACKGROUND
The Town has been considering the construction of a permanent restroom facility in Blackie's
Pasture for many years, originally in conjunction with other major improvements to Blackie's
Pasture Park. As the price tag for the other improvements proved to be out of reach, the Town
Council gave priority to the restroom facility as a stand-alone improvement.
In October, 1997, the Town Council accepted the recommendations of the Parks & Open Space
Commission concerning the design and location of the restroom facility in Blaclcie's Pasture Park.
The selected location was near the western boundary of the Richardson Bay Sanitary District
property, near the chain link fence at the base of a slope (see Exhibit 1). A Sierra II model
restroom, manufactured by Romtec, was selected by the Town CounciL Please refer to Exhibit 2
for details.
Tiburon Design Review Board
Staff Report
January J 5, J 998
1
EXHIBIT NO. 8
The Town Council requested that a quality landscaping plan be prepared and reviewed by the
Design Review Board to ensure that neighbor concerns regarding screening and aesthetics be
properly addressed.
ANALYSIS
The Town retained Ralph Alexander Associates to develop the landscape and irrigation drawings
for the project. These drawings and specifications are attached as Ex;;ibit 3.
The approximately 16 foot wide by 13 foot deep by 10 foot high restroom building would be
tucked into the base of an existing slope, making it largely invisible from residences above
Tiburon Boulevard. Stakes and colored tape have been erected in the selected location for the
convenience of the Board. The restroom facility would be visible to residences along Greenwood
Beach Road, which are approximately 1,000 feet away. The landscape plantings are intended to
soften and partially screen the restroom building from these residences, as well as create an
aesthetically pleasing appearance for park users, while still allowing enough visibility of the facility
for safety and surveillance purposes.
The planting plan shows one Marina Madrone and two Western Redbud trees bayward ofJhe
facility. According to Mr. Alexander, these trees can reach a height of 20 feet at maturity, which
would screen the restroom building while not blocking any views from residences above. Shrubs,
ground covers, and vines are also proposed for aesthetic purposes.
Planning Department Staff has reviewed the planting plan and believes that it serves the multiple
purposes desired.
RECOMMENDATION
That the Board review and provide comments on the landscaping plans for the restroom.
EXHIBITS
1. Vicinity map showing location of restrooms in Blackie's Pasture Park.
2. Excerpts from Romtec brochure showing selected Sierra II restroom.
3. Landscaping plans and specifications prepared by Ralph Alexander dated 12/31/97.
\!lcott\79754.rpt
Tiburon Design Review Board
Staff Report
January 15, J 998
2
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XHIBIT NO.
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LANDSCAPE PLANS FOR:
BLACKlE'S PASTURE RESTROOM
Tiburon, California
Prepared for:
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
"
...
RECEIVED
TOWN OF TIBURON
JAN 2 1998
DEPARTMENT OF
COMMUNITY DEVELOPMENT
Prepared by:
Ralph J. Alexander & Associates
591 Redwood Highway, Suite 3280
Mill Valley, CA 94941
December 31, 1997
EXHIBIT NO. j
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PLANTING LEGE_J
KEY BOTANICAL NAME
COMMON NAME
QUANTITY SIZE
REMARKS
TREES
AM
CO
Arbutus 'Marina'
Cercis occidentalis
SHRUBS, GROUND COVERS, VINES
AE
AH
AL
CG
CP
Arctostaphylos
'Emerald Carpet'
Arctostaphylos
'Howard McMinn'
Acacia longifolia
Ceanothus gloriosus
Ceanothus gloriosus
porrectus
Marina Madrone
Western Redbud
Emerald Carpet Manzanita
McMinn Manzanita
Sydney Golden Wattle
Point Reyes Ceanothus
Mount VISion Ceanothus
1
2
15G.C.
15G.C.
1 G.C.
5
5G.C.
5
5G.C.
1 G.C.
1 G.C.
Multistem
3' o.c., t. spacing
3' o.c., t. spacing
3' o.c., t. spacing
PLANTING NOTES
1. All work shall conform to latest applicable Town of Tiburon ordinances relating to planting and
irrigation.
2. Prior to the work of this section, carefully inspect the eJ<isting site and verify that the planting may be
completed in accordance with the Contract Drawings. Should sub-surface drainage or soil
conditions be encountered which would be detrimental to growth or sur<ival of plant material, the
Contractor shall notify the Landscape Architect of such conditions.
3. A soil test shall be performed on the eJ<isting soil and the import topsoil to determine the final
amendment and fertilizer formula. The soils report must contain the following information:
Soil permeability rate in inches per hour
Soil texture test
Cation exchange capacity
Soil fertility including tests for nitrogen, potassium, phosphorous, pH, organic
matter and specific conductance (electrical conductivity)
Recommendation for amendments to the planting area soil
Soils & Plant Laboratory, (408)727-0330, shall perform testing unless otherwise approved.
4. Contractor shall submit manufacturer's cut sheets for all materials specified or proposed tor use,
and samples of import topsoil, nitrolized redwood sawdust, peat moss and mulch, at least 30 days
prior to start of work.
5. All planting areas shall be free of all deleterious materials and weeds prior to planting. Use no
chemicals.
6. All plant locations to be confirmed in the field by the Landscape Architect. Coordinate the locations
of all plantings with eJ<isting and proposed site features, i.e., underground utilities, drainage
structures, light fixtures, etc. Any conflicts to be brought to the attention of the Landscape Architect.
7. Plant quantities are for informational use only. Any discrepancies shall be brought to the attention
of the Landscape ArChitect. The Contractor shall be responsible for all plants as shown on the
drawings.
8. Plants shall be sufficiently rooted to the edge of the container and to an extent sufficient to hold the
rootball intact when removed from the container.
9. Plants shall be free from all pests and diseases.
10. No plants shall be acceptable that show signs of circling or girdling of roots, or any other root-
bound condition.
11. Plants shall be undamaged and have proper branch structure.
12. The trees specified shall meet tl1e following minimum standards.
Form: Standard with main scaffold branches established and
properly distributed, preferably grown with a full skirt of
branches.
15 G.C. size 24" box
Minimum trunk caliper at 6": 1.0"-1.25" 1.50"- 1.75"
Minimum height: 7.0'.8.0' 100"-12.0'
Minimum canopy spread: 2.0'- 3.0' 4.0'- 5.0'
13. All proposed trees within 8 feet of any palling, curbs, walls or the building shall receive a Deep Root
Barrier, Panel type UB 24-2 per manufacturer's recommendation and per detail.
14. All planting areas shall be tilled so that the soil is loose and not compacted. To prepare planting
beds, cultivate 6 cubic yards of nitrolized redwood sawdust per 1000 square feet (use commercial
peat moss for acid-loving plants and plants in shade), into top 8" of soil. Spread Osmocote Plus
16-8-12 fertilizer at the rate of 25 pounds per 1000 square feet.
15. Install approved topsoil to bring planting areas to final finish grade. Place topsoil in 3" maximum lifts
and rototill into underlying material to eliminate interface.
16. Use triangular spacing when placing plants. The Landscape Architect shall approve locations of all
trees and shrubs and eldents of all ground covers prior to planting.
17.
Excavate planting pits as follows:
Excavated for: Width
Death
Trees
Shrubs & Vines
Ground Cover Beds
Ball + 24"
Ball + 12"
As required
Ball depth only
Ball depth only
6" minimum
Loosen subgrade in pits to depth of 3"
18. Test drainage of plant beds and pits by filling with water. Conditions permitting the retention of
water in planting pits for more than 24 hours shall be brought to the attention of the Landscape
Architect. After pits have been dug and have passed drainage tests, brake sides to open wall of pit
for root penetration.
19. Prepare planting pit backfill material by using 1 part existing soil to 1 part nitrolized fir ShaVings or
nitrolized 112" minus fir bark. Use Osmocote Plus 16-8-12 fertilizer at the rate of 10 pounds per
cubic yard, thoroughly mixing this combination before backfilling.
20. For planting, set plant plumb in planting pit and brace rigidly in position, tamping backfill mix solidly
around the ball and roots, until pits are approximately 213 full. Water thoroughly, saturating
rootball. and install Agriform tablets at a rate of: 1 tablet per 1 gallon can, 3 tablets per 5 gallon
can, 6 tablets per 15 gallon can, and 1 tablet per 112" caliper or l' height. whichever is less, for
other plants. Add remaining backfill mixto top of hole, eliminating all air pockets.
21. All plants sensitive to water borne fungi shall be placed 3" above finish grade. All other plants shall
be planted 1" above finish grade. Mound up soil to keep roots from drying out.
22. 'Form watering basins at all trees and shrubs and water all new plantings deeply and thoroughly
immediately after planting.
23. All 15 gallon can trees and 24" Box trees are to be double staked per detail.
24. After planting, apply ammonium sulphate (21-0-0) at the rate of 5 pounds per 1000 square feet to
all planting areas.
25. All areas to be planted with groundcover and shrubs shall be treated with Elanco XL-2G pre-
emergent at 4.5 pounds per 1000 square feet. After planting, install a 2" layer of reground
redwood bark mulch. Keep 3" away from stem or trunk. A mulch sample shall be submitted to
Landscape Architect for approval prior to mulch delivery to site.
26. The contractor shall maintain the planting and irrigation installation for 60 days from the date of
final acceptance.
27. During maintenance, contractor shall fertilize all plantings at 25 days and every 25 days thereafter
with an approved commercial fertilizer.
28. All plant materials shall be guaranteed in writing for a minimum of one full year from date of final
acceptance.
IRRIGATION NOTES
1. Prior to the work of this section, carefully inspect the existing s~e and verify that the irrigation may
be completed in accordance w~h the Drawings. All obstructions and discrepancies shall be
brought to the attention of the Landscape Arch~ect before proceeding w~h work
2. Landscape/Irrigation contractor shall familiarize himself/herself w~h all state, local and MMWD
laws, codes, ordinances and restrictions before beginning the installation of this project.
3. It is the responsibilITy of the Contractor to be familiar w~h all grade differences, location of walls,
structures, util~ies, underground obstructions and sleeves. The Contractor shall repair or replace
all ~ems damaged during construction.
4. The Contractor shall coordinate work with other contractors on the s~e to avoid any conflicts
between the irrigation system, planting, archrtectural and miscellaneous features.
5. This design is diagrammatic. All pipe, valves, etc., shown w~hin paved areas are for graphic clar~y
only, and shall be installed in planting areas, w~h piping run in common trenches wherever
possible. Valve boxes shall be located in shrub planting areas only. Cross reference w~h Planting
Plan to make sure valves or piping do not interfere w~h tree placement. No rocks, boulders or
extraneous materials shall be used in backfilling of trenches. Hand trench around existinG trees,
and do not cut any root over 2" diameter.
6. Do not willfully install the irrigation system as shown on the drawings when ~ is obvious in tjle field
that unknown obstructions, grade differences or differences in the area dimensions eJdst th'at might
not have been considered in the design. Such obstructions or differences shall be brought to the
attention of the Landscape Arch~ect. In the event this notification is not made, the Contractor shall
assume full responsibil~y for any modifications required.
7. All irrigation equipment shall be installed according to manufacturer's recommendations and
specifications, and according to plans and details.
8. Irrigation system is designed assuming a maximum available fiow rate at the point of connection
(P.O.C.), of 20 GPM for a 5/8" meter and a minimum available water pressure at P.O. C. of 60 PSI.
Irrigation Contractor shall verify water pressure prior to construction.
9. .Pipe sizes shall be as shown on drawings. No substITutions of smaller pipe sizes will be permitted,
'but subst~utions of larger sizes may be approved. All threaded joints shall be coated with Tefion
tape. All pipe rejected because of damage or defects shall be removed from the s~e immediateiy.
10. All mainline piping and control wire under paving shall be installed in separate schedule 40 sleeves
which are a minimum 2 nominal sizes larger than the nominal size of irrigation pipe, 2" minimum
diameter. Control wire sleeves shall be of sufficient size for the required number of wires under
paving, 2" minimum diameter. Sleeves shall extend at least four (4) inches beyond all hardscape
areas. All sleeve ends shall be plugged with removable non-decaying plug following pipe and wire
installation. Connect 1-1/4" f)1ainline to existing capped mainline near existing valve cluster.
Pressure test all lines and connections prior to backfilling.
11. The Drip irrigation circuits shall be automatically operated and capable of operating the system
from Y, hour to several hours per day and per setting, and have an automatic rain shut-off sw~ch.
The system shall meet the following basic parameters:
a. From the mainline, a 1" Class 315 PVC pipe shall extend to the valve assembly.
The valve assembly shall consist of a Disc Filler, a 1" Battery Operated Remote
Control Valve and a Low Pressure Regulator.
b. Fror.. ..le valve assembly a 0/." Class 315 PVC pi.. _ shall be brought to a 0/." PVC
Tee. All stations should be center loaded whenever possible, and at no time .shall
the water flow in any pipe exceed a speed of 5 feet per second.
c. A PVC hose shall e:<lend from each side of the PVC Tee. The flow in each of
these lines shall not exceed 240 gallons per hour. Emitters shall be installed into
this hose. Distribution tubing w~h end cap shall e:<lend from each emitter outlet to
the plants. Flow from emitters shall be distributed to the base of each shrub or
ground cover plant as described on the legend. Place a ball valve flushing
assembly at all line ends in a lockable valve box w~h bolt-down lid. Check Valves
will be required to prevent low-head drainage where elevation differential between
outlets may cause runoff.
12. Contractor shall keep detailed red line plan recording installation of irrigation system as ~
progresses. Record plan shall be drafted onto sepia basesheets provided by Landscape Archrrect,
into As-Built drawings showing locations of piping, valves, heads, wiring, etc., for approval by
Landscape Architect. Following approval, as-builts shall be reduced to 11x17 size, color coded by
station, and laminated in 6 mil. plastic. 3 required for each controlle.
..'
COST ESTIMATE FOR RESTROOM
Sierra II Restroom-- Basic
Stainless Steel Package
Electrical Package
Shipping
$16,785
$4,340
$1,110
$1,265
Subtotal Sierra II
$23,500
Assembly & Installation
Electrical Connection
Sewer Connection*
Retaining Wan
Path with drain underneath
Planting & Irrigation (materials)
10% Contingency
$15,000
$3,600
$2,000
$2,600
$2,900
$2,000
$5,160
TOTAL
$56,750
* This may be waived in consideration of the Belveron Mini-Park pump station approval.
\posc\resttc.rpt
~
EXHIBIT NO. C
\/
TIBURON TOwN'{COUNCIL
STAFF REPORT
Meeting:
To:
January 21, 1998
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
CYPRESS HOLLOW ANNEXATION INTEREST - (1) Consideration of
Expenses Relating to Possible Annexation; (2) Request LAFCO to Undertake
Proceedings for Annexation (Adopt Resolution)
Item:
Cf
From:
Subject:
BACKGROUND
At the meeting ofJanuary 7, 1998, Council received a Staff Report that included financial and
land use information concerning the general impacts of a possible annexation of the Cypress
Hollow Subdivision to the Town ofTiburon. Council directed Staff to further research issues
concerning the following items:
With regard to the Landscape & Lighting Maintenance District (LLMD):
How does Proposition 218 effect the District?
Are the District's special assessments capped?
Are the District's financial resources transferrable to the Town?
DISCUSSION
Cy'press Hollow Landscaping & Lighting District
The County annually adopts a resolution wherein an Engineer's Report (Exhibit 3.) is confirmed,
improvements are ordered, and the assessment levy is established; this is in accordance with State
laws and regulations governing LLMDs. According to narrative from the adopted resolutions and
the Engineer's Report of the District, administration, operations and maintenance of the following
areas is supported by the assessments of the District:
1. The 25 foot sanitary sewer easement, east boundary, (landscaping and irrigation)
2. The 30 foot storm drainage easement, southwest boundary, (entry landscaping and
irrigation system)
3. Park Site (ownership and maintenance)
State Proposition 218
The County has stated that because the Cypress Hollow Landscaping & Lighting District was
created during the initial development of the Subdivision, with the consent of the single property
owner, and because the assessment has not been increased since its inception, it is exempt from
current election requirements of Proposition 218 (see Exhibit 1.) However, should an increase in
the assessment be proposed, the Town would probably be required to poll and secure super-
Cypress Hollow Annexation Interest
Town Council, January 21, 1998
1
....
majority (o/3-rds) support from all property owners of the LLMD.
Assessment Limit (Cap)
The LLMD assessment is currently established at $378 per parcel (44 parcels), which results in a
total annual levy of$16,632. The levy is established in accordance with the recommendations and
cost estimates provided in the Engineer's Report for the District. There is no written provision to
cap this LLMD assessment. As previously indicated, any proposed increase must be justified by
the District Engineer, and subsequently be approved by %-rds of the property owners.
District Financial Resources Transferrable
Based on our discussions with the County, it appears that the District - and its associated
responsibilities and financial resources - would be transferred to the Town through the annexation
process. The District currently has a reserve (or contingency) balance of approximately $20,000,
which accumulated during the period when the developer owned the unimproved parcels of the
Subdivision. These resources would be transferred to the Town (for District purposes.)
Other Annexation Issues
The Belvedere- Tiburon Library Agency (BILA) should be notified of any impending annexation.
When parcels are annexed to the Town these property owners must be petitioned to annex to the
BILA Special District. This may be accomplished through the regular LAFCO process and
should be done in conjunction with the Town's efforts. It is common for unincorporated areas
that are annexing to another jurisdiction to assume the taxes and general obligations of that
jurisdiction.
RECOMMENDATION
From an operations standpoint the revenues and expenditures of the proposed annexation are now
estimated to be approximately equal. From a capital improvement and projects standpoint it is
probable that estimated future costs will exceed the stream of revenues for these purposes. The
inclusion of the LLMD and its resources may serve to mitigate some operating maintenance costs
and potential problems associated with drainage along the affected easements.
o Town Council adopt the Draft Resolution (Exhibit 1.) Requesting that LAFCO undertake
proceedings for annexation to the Town.
o Town Council further direct Staff to begin work on prezoning and other necessary
LAFCO applications.
o The Library Agency be notified of the impending annexation process in order that the
Cypress Hollow residents also be petitioned to annex to the BLTA Special District
ATTACHMENTS:
1. Resolution (Draft)
2. Memorandum, Marin County Open Space District (5.6.97)
3. Marin County Engineer's Report, LLMD for 1997/98, (pg. 2-3)
4. Letter from Alan Littman, BTLA (concerning possible annexation)
Cypress Hollow Annexation Interest
Town Council, January 21, 1998
2
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RESOLUTION NO.
A RESOLUTION OF THE TffiURON TOWN COUNCIL
REQUESTING THE LOCAL AGENCY FOR..c\1ATION COM:MISSION
TO UNDERTAKE PROCEEDINGS FOR
THE .'CYPRESS HOLLOW ANNEXA nON"
WHEREAS, the TOIND ofTiburon desires to initiate proceedings pursuant to the Cortese-
Knox Local Government Reorganization Act of 1985, co=encing with Section 56000 of the
- -
California Government Code, for annexation to the ToVvn ofTiburon; and
WHEREAS, notice of intention to adopt this resolution of application has been given to
each interested and subject agency; aud
WHEREAS, the territory proposed to be anne.xed is inhabited by more than 12 registered
voters, and a descriptiou of the boundaries of the territory is set forth in Exhibit "A" attached
hereto and by this reference incorporated herein; and
WHEREAS, this proposal is consistent 'With the Sphere of Influence of the TO'WTI of
Tiburon; and
\V1IEREAS, the TO'WTI has initiated proceedings to prezone the territory within the
boundaries set forth in EX.h.ibit "A; and
\V1IEREAS, the proposed annexation has been determined to be categorically exempt
from the provisions of the 'California Environmental Quality Act as specified in Section 15319 of
the CEQA Gnidelines; and
. WHEREAS, the reasons for the proposed annexation are that the area is adjacent to the
TO'WTI fi.mits, municipal services can be provided effectively and economically by the TO'WTI; and
the annexation is consistenr ""ith the Tiburon General Plan.
NOW, THEREFORE. BE IT RESOl VED that tlus Resolution of Application is hereby
adopted and approved by the TO'Wl1 Council ofehe TO'Wl1 ofTiburon, and that the Local Agency
Formation Commission of Malin Coomy is hereby reqnested to uudenake proceedings for the
annexation of the tenitory as desclibed in the attached Exhibit "i\", in the manner provided by the
Cortese-Knox Local Government Reorganization Act of [985.
Tiburon T O\oVr1 CounCil
Resolution I'JO
EXHIBIT No.l ([)
I
.
..,
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
, 199_ by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COlJNCILMEMBERS:
COlJNCILJ\.{EMBERS:
COlJNCILMEi\iffiERS:
HARRY S. MATTHEWS, MAYOR
TOWN OF TIB lTRON
DIANE CRANE, TOWN CLERK
. ,
Tiburon Town Council
Resolution No
(j] l~ 9~ MU\ 15.38 FAX J15 J9Y J7~15
\lAfd\ P:\.RKS
QJ 016
May 6, 1997
RE: CYPRESS HOLLOW AI'll> RUSH CREEK LA,'mSCAPING AND LIGHTING
DISTRICTS - RESOLUTIONS OF INTENTION
Board of Supervisors
Marin County Civic Center
San Rafael, California 94903
Dear Board Members:
At your April 22, 1997 Board of Supervisors' meeting, your Board approved the Initial
Resolutions for continuing landscaping services in:
Zone 14, Cypress Hollow Landscaping and Lighting District and
Zone 16, Rush Creek Landscaping and Lighting District.
The next step in t..ie public process is for your Board to set a date for the Public Hearing and to
approve the Resolutions of intention and the Engineer Reports for each District. The Engineer
Reports are to be filed with the Clerk of the Board The Engineer Reports and the Resolutions of
Intention for each District are attached.
These two Districts were created during the initial development and since there are no increases in
the assessment they are e)(empt from Proposition 218 requirements.
RECOMME~'DATIONS :
It is, therefore, recommended that your Board take the fcUow1ng action:
Approve the Resolutions ofIl1tention for:
a.) Cypress Hollow La.ndscaping and Lighting District, and
b.) Rush Creek Landscaping and Lighting District.
Admirjslration . Roor.1 417 . ~bin Count\' Civic Center' 3501 Civ:c Center Dnve . San RafoeJ, CA 94903
(415) 499.6387 . Fa~ (415) 499-3795
Field Office' (415) 499-64D5 . F;L\ (45) ~99.7192 . TDD (415)499-6368
EXHIBIT NO. ~
-,
. ZONE NtJMBER 14 . CYPRESS HOLLOW
The Department has prepared this Engineer's Report as directed by the Board of Supervisors
ptU'S1.laftt to Section 22626 of the Streets and Highways Code (Landscape and Liahtinll Act of
1972). The Cypress Hollow Landscaping and Lighting As5eS$ll1ent District, created by the Board
ofSllpervisors' Resolution No.90-186 and designated as Zone 14.
The description of maintenance for Zone 14, which is the subject of this report, is briefly
described as follows:
The administration, operation and maintenance of the following areas'
1) The 25 foot sanitary sewer easement landscaping and irrigation on the east
boundary;
2) The entry landscaping, 30 foot storm drainage easement in the southwesterly
boundary and irrigation system and;
3) Ownership lIlld maintenance of the park site, all as part of the Cypress Hollow
Development.
This report consists of seven parts as follows:
Part A - An estimate of the cost of the maintenance.
Part B - An assessment of the incidental cost on each benefited parcel ofllllld within the
assessment district.
Part C - Forecasted income that might be raised other than through the assessment
process.
Part D . A statement of the method of spread of the assessment
Part E. - Cost analysis to determine the amount proposed to be assessed against each
parcel
Part F . A ust of the names and addresses of the owners of real property within this
assessment district, as shov.1C on the last equalized assessment roll for taxes.
Part G - A diagram showing all of the parcels of real property within this assessment
district. The diagram is keyed to Part F by assessment number.
EXHIBIT NO. ;,
2
610~
SlIllTd \IllTI\
S6LC 66t Sit ITd Ot:S1 \O~ 96,Z1'10
Ul ~. 8b MU\ 15 JlJ FAX ~15 ~99 J795
PART A; ESTIMATE OF COST
Mi.,..nRn"OUS Maintell&DCC
Miscel1aneou$ Fees
Contractual Services, Monthly MainteJllUlCC
Water
Indirect County Overhead
Contingencies (carry over)
Total Expeuditure
.~AH1N PAR!(S
3
QJ 006
'-'
-------.--
$ 2,SOO.OO
$ 88.00
$ 8,452.00
$ 3,000.00
$ 5,936.00
$ 17,073.00
537,049.00
ALLAN N. LITTMAN
f/D
100 ROLLING Hll.1.S ROAD
TIBURON,CALIF'ORNIA 94920
January 16, 1998
Belvedere- Tiburon Library Agency
Parcel Tax
Me Robert Kleinert
City Manager
Town of Tiburon
Dear Bob,
1 write this letter at the request of Carol Forrel!, Chair of the Belvedere-
Tiburon Library Agency
The $36 per parcel tax measure approved by over 77% of the voters of
Belvedere and Tiburon (far above the required 2/3 majority) stated that it applied
to all parcels presently or in the future within the Town or City. In the opinion of
the Agency, when Tiburon or Belvedere annexes new territory, the parcels within
that new territory automatically become subject to the tax. Despite the
overwhelming vote in favor of the parcel tax, one can never exclude the possibility
of an objection by an owner of a parcel that was not part of the Town at the time
of the vote on the ground that the residents in such area did not participate in the
vote. The Agency's legal advisors do not think that such an objection is correct.
Neverthelesss, to minimize legal expenses and to avoid unnecessary controversy,
the Agency would greatly appreciate it if the Town would insist that when new
territory is to be annexed to the Town, the residents of the area consent to the new
territory being subject to the Library Parcel Tax.
The Library, of course, provides a service to all citizens of Tiburon, new
and old The service provided far exceeds in value the price of the parcel ta'i: , and
the Library adds to the value of all property in Tiburon.
The Agency would appreciate your bringing this matter to the attention of
the Mayor and Council. May I also take this opportunity to express on its behalf
appreciation for the cooperation and help it receives from you and other Town
officials on all Library functions
Yours Sincerely,
~a./~..
RECEIVED
JAN 1 6 1998
...
TOWN MANAGERS OFFICE
TOWN OF TIBURON
TIBURON TOWN COUNCIL
STAFF REPORT
Meeting:
To:
From:
Subject:
JANUARY 21, 1998 Item:
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
MID-YEAR FINANCIAL REPORT, FISCAL YEAR 1997-98
AS OF DECEMBER 30, 1998
/0
BACKGROUND
This Staff 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 1997-98, through the second quarter - ended December 31, 1998, and includes
projections to year-end closing on June 30, 1998.
SUMMARY
Staff currently projects that the General Operating Budget will be in sUl:plus by $112 000 by fiscal
year-end. The estimated year-end General Fund Unallocated Reserve Fund balance will be'nearly
$1,182,300.
A total of 5 Streets Projects and 3 Drainage Projects are pending. Important Community
Development and Redevelopment Agency Improvement projects are pending, or are in progress.
Some include: Design and Construction of New Police Facilities, Development of Ned's Way
Senior Housing Project, Purchase of Below Market Rate Unit.
By fiscal year-end it is currently estimated that combined General Fund Reserve resources will
total approximately $2,360,000.
SECTION ATTACHMENTS
I. Operating Budget
2. Capital Improvement Program
3. Fund Resources
~
GENERAL FUND OPERATING BUDGET
SUMMARY STATUS
Projected to year-end the operating budget will be in surplus by $112,100, and the estimated
UnaIlocated Reserve balance wilJ be approximately $1,182,300.
Budget Y-T-D Projected Variance
Revenues $3,391,400 $1,665,200 $3,442,200 $50,800
Expenditures 3,387,200 1,660,600 3,330,100 57,100
Operating Net: $4,200 $4,600 $112,100 $107,900
Reallocation to reserves (400,000) (400,000) (400,000) 0
Adjusted Net: ($395,800) ($395,400) ($287,900) $107,900
Opening Fund Balance $1,470,200 $1,470,200 $1,470,200
Closing Fund Balance $1,074,400 $1,074,800 $1,182,300 $107,900
The current estimated year-end Unallocated Reserve balance of$I,182,300 is nearly 35% of the
operating expenditure budget.
Mid- Year Financial Report, Fiscal Year 1997-98, 2nd quarter, December 31, 1997
Meeting ofJanuary 21, 1998
2
GENERAL FUND OPERATING BUDGET
REVENUE & EXPENDITURE VARIANCE
1. Revenue Variance
Budget Proj ected Variance Notes
Property Taxes 1,075,600 1,090,000 14,400 Projected increase" 4%
Sales Taxes 409,700 415,000 5,300 2nd quarter up " 4%
State Motor Vehicle 337,000 337,000 0
Transient Occupancy Tax 275,000 275,000 0 One quarter received
Building Permits 145,000 154,000 9,000 Exceeds budget by " 6%
Business License (regular) 119,700 120,000 300
Real Property Transfer Tax 80,000 80,000 0
Design Review 80,000 75,000 (5,000) Projected 6% decrease
Investment Earnings 70,000 90,000 20,000 Revised earnings rate
All other revenue 799,400 806,200 6,800
Revenue variance I $3,391,400 I $3,442,200 I $50,800 I
2. Expenditure Variance
Budget Projected Variance Notes
Patrol Officer (wlbenefits) 61,700 39,900 21,800 salary savings
Sergeant (wlbenefits) 71,400 53,400 18,000 salary savings
Overtime & coverage 42,000 47,000 (5,000) offset to above
Building Inspector 55,700 19,700 36,000 salary savings
(wlbenefits)
Building Inspector-contract 1,000 13,000 (12,000) offset to above
Public Works Parks Maint. 42,400 38,400 4,000 salary savings
All other expenditures 3,111,900 3,118,700 (6,800)
Expenditure variance I $3,386,100 I $3,330,100 I $56,000 I favorable variance
Mid- Year Financial Report, Fiscal Year 1997-98, 2nd quarter, December 31, 1997
Meeting ofJanuary 21, 1998
3
GENERAL FUND OPERATING BUDGET
GENERAL REVENUES
Summary Status:
Year-to-date revenues are $1,665,100, or 49% of budget totals. At
this time, projected June 30, 1998 total revenue totals is -
$3,442,200, which is 1.5%, or $50,800 over budget.
Taxes:
The 1st installment of Property Taxes (55%, " $600K) has been
received. Sales Taxes-2nd quarter revenue is up 4% over the same
period a year ago, according the budget estimate has been revised.
Real Property Transfer Taxes are at budget.
Franchise Fees:
Refuse and Cable are received quarterly (1 st quarter to-date.)
PG&E is received annually in April; proceeds are projected to be at
1997 totals, therefore the budget estimate is reduced by $3,000
Fines & Forfeitures:
Budget estimates reduced in aggregate by $11,000, based on
activity and share offines allocated to State.
Interest Earnings:
Budget estimate increased by $20,0-00, based on total reserve level
in excess of $2.2M, and interest rates over 5.5%.
Other Agency Revenue:
Approximately as budgeted, reduced estimate by $2,500.
Licenses & Permits:
Increase budget estimate by $11,200, based on increase in Building
& Other Permit activity.
Charges for Service:
As budgeted.
Other Revenue:
Projected to be over budget by $16,000, due to increased Sale of
Property proceeds (police Vehicles.)
Mid- Year Financial Report, Fiscal Year 1997.98, 2nd quarter, December 31, 1997
Meeting ofJanuary 21, 1998
4
GENERAL FUND OPERATING BUDGET
GENERAL REVENUES
Summary Status:
Year-to-date revenues are $1,665,100, or 49% of budget totals. At
this time, projected June 30, 1998 total revenue totals is -
$3,442,200, which is 1.5%, or $50,800 over budget.
Taxes:
The 1st installment of Property Taxes (55%, " $600K) has been
received. Sales Taxes-2nd quarter revenue is up 4% over the same
period a year ago, according the budget estimate has been revised.
Real Property Transfer Taxes are at budget.
Franchise Fees:
Refuse and Cable are received quarterly (1st quarter to-date.)
PG&E is received annually in April; proceeds are projected to be at
1997 totals, therefore the budget estimate is reduced by $3,000
Fines & Forfeitures:
Budget estimates reduced in aggregate by $11,000, based on
activity and share offines allocated to State.
Interest Earnings:
Budget estimate increased by $20,0-00, based on total reserve level
in excess of $2. 2M, and interest rates over 5.5%. .
Other Agency Revenue:
Approximately as budgeted, reduced estimate by $2,500.
Licenses & Permits:
Increase budget estimate by $11,200, based on increase in Building
& Other Permit activity.
Charges for Service:
As budgeted.
Other Revenue:
Projected to be over budget by $16,000, due to increased Sale of
Property proceeds (police Vehicles.)
Mid-Year Financial Report, Fiscal Year 1997-98, 2nd quarter, December 31,1997
Meeting of January 21, 1998
4
GJl;NERAL FUND OPERATING BUDGET
GENERAL FUND EXPENDITURES
Summary Status
Year-to-date expenditures are $1,660,600, or 49% of budget. .
There are salary savings associated with vacancies in Police (2
positions) and Building Inspection (1 position). Because of this it is
estimated that the general expenditures will be $3,330,100, or
approximately $56,000 less than budget.
Town Council:
Projected as budgeted.
Town Attorney:
Revised, reduce by $14,000, less than expected contract legal
services and litigation costs.
Town Administration:
Projected as budgeted.
Planning:
Projected as budgeted.
Design Review:
Projected as budgeted.
Building Inspection:
Salary savings for vacant Building Inspector position (currently
estimated at net of $24,000.)
Police Department:
There will be salary savings associated with the vacant Officer and
Sergeant positions. (currently estimated at $39,000)
Public Works Streets:
Revised estimate, increase by $10,000, based on increased streets
and operating materials costs.
Public Works Parks:
There will be some salary savings associated with the Maintenance
position (estimated at $4-$5,000.)
Town Engineer:
Revised, increased budget estimate by $10,000 based on additional
general engineering study and allocated time.
Town Commissions:
Projected as budgeted.
OTHER FINANCING SOURCES (USES):
In September 1997 reserve funds in the amount of $400,000 were reallocated from Unallocated
other designated reserves of the General Fund. With settlement of the litigation associated with
the Flood Plain monies, a the pending fund transfer of$125,000 form the Flood Plain Fund to the
NTC Construction Reserve Fund was implemented.
Mid- Year Financial Report, Fiscal Year 1997-98, 2nd quarter, December 31, 1997
Meeting of January 21, 1998
5
GENERAL FUND REVENUES & EXPENDITURES
Estimated for the fiscal year ending June 30, 1998
Year-to-Date: December 31, 1997
FY 1995-% FY 19%-97 FY 1997-98
Y-T-D Estimated Variance
DEe to close favorable
Actual Actual Budget Actual 6130/98 (unfavorable)
Revenues:
Taxes 1,945,376 1,940,567 1,897,000 956,000 1,917,000 20,000
Franchise 241,208 243,470 251,700 44,800 249,000 (2,700)
Fines & Forfeitures 105,694 87,688 106,000 38,900 95,000 (11,000)
Interest 189,472 149,207 70,000 31,500 90,000 20,000
Other Agency 384,020 355,143 373,100 180,000 370,600 (2,500)
Licenses & Permits 353,000 425,913 366,300 183,300 377,500 11,200
Charges for Service 243,026 256,454 200,800 124,200 200,600 (200)
Other Revenue 73,497 124,658 126,500 106,500 142,500 16,000
T ota! revenues $3,535,293 $3,583,100 $3,391,400 $1,665,200 $3,442,200 $50,800
Expenditures:
Town Council 15,870 15,000 12,700 6,000 13,700 (1,000)
Town Commissions 2,541 4,000 7,000 800 7,000 0
Town Attorney 189,646 193,000 186,100 56,100 172,000 14,100
Town Administration 588,810 588,000 608,000 368,500 608,000 0
Planning 210,938 193,000 214,400 105,500 214,400 0
Design Review 117,431 96,000 66,800 32,600 69,400 (2,600)
Building Inspection 178,808 176,000 193,300 70,300 169,300 24,000
Police 1,487,439 1,436,000 1,537,500 760,200 1,502,700 34,800
PW Streets 359,412 360,000 352,100 173,800 362,900 (10,800)
PWParks 150,095 165,000 172,200 76,400 164,300 7,900
Town Engineer 36,000 46,000 36,000 10,400 46,400 (10,400)
Total expenditures $3,336,990 $3,272,000 $3,386,100 $1,660,600 $3,330,100 $56,000
Operating Net -
Excess (deficiency)
revenues over (under)
expenditures $198,303 $311,100 $5,300 $4,600 $112,100 $106,800
Other sources(uses):
Transfers in 0 0 0 0 0
Transfers out 0 0 0 0 0
Reallocations Out (549,000) (104,000) (400,000) (400,000) (400,000) 0
PERS Assets 131,525 123,788 0 0 0 0
Total other fmance
sources (uses) ($417,475) $19,788 ($400,000) ($400,000) ($400,000) $0
Operating Net +
Other fmancing
sources (uses) ($219,172) $330,888 ($394,700) ($395,400) ($287,900) $106,800
Fund Balance:
Opening 1,358,521 1,139,300 1,470,200 1,470,200 1,470,200
Closing $\,\39,349 $1,470,188 $\,075,500 $1,074,800 $1,182,300 $106,800
STATEMENT-1
CAPITAL IMPROVEMENT PROGRAM
Streets Improvements:
In November 1997 a significant majority (19 of20) of previously authorized Streets Improvement
Projects were undertaken and finished. The Karen Way, Cecilia Way, Juno Road, Mercury and
Apollo Road Projects remain pending for Spring 1998.
Drainage Improvements:
Authorized Drainage projects are pending.
Community Development Improvements:
Most projects are pending, or are in the beginning stages of implementation. The New Police
Facility Project is underway, and is in the Architectural Services phase ($101,000 is the current
authorization. )
Redevelopment Improvements:
The Ned's Way Senior Housing Project has been approved, however the project is now in the
preliminary stages. Implementation will result in revised appropriation figures for sources and uses
of Redevelopment Agency Housing Set-Aside monies.
Transfers & Reallocations for Projects:
In September 1997, Council authorized the reallocation of $400,000 from the General
Unallocated Reserve to other Designated Reserves of the General Fund. This reallocation is
outlined in attached Statement 3.
Mid- Year Financial Report, Fiscal Year 1997-98, 2nd quarter, December 31, 1997
Meeting ofJanuary 21, 1998 6
CAPITAL IMPROVEMENT PROGRAM
Estimated for the fiscal year ending June 30, 1998
Year-to-Date: December 31, 1997
STREET IMPROVEMENTS
FY98 Y-T-D
DEC Estimated
Project Funding Source Budget Expended Final Notes & Description
1 Engineering State Gas Tax 16,091 0 16,091 allocated cost
2 Miscellaneous State Gas Tax 10,000 0 10,000 1997 -98 allocation
3 Centro West State Gas Tax 20,909 0 20,909 undertaken 11-1997
4 East Terrace State Gas Tax 10,909 0 10,909 billing/payment in
5 Greenwood Beach Road State Gas Tax 36,364 0 36,364 Jan 1998
6 Lower N. Terrace State Gas Tax 9,091 0 9,091
7 Mar East #1 State Gas Tax 26,636 0 26,636 .
8 McCart Court State Gas Tax 4,545 0 4,545 .
9 Pine T e!Tace State Gas Tax 12,727 0 12,727 .
10 Theresa Court State Gas Tax 4,545 0 4,545 .
11 Upper N. Terrace State Gas Tax 13,636 0 13 ,636
12 Venus Court State Gas Tax 20,909 0 20,909
13 Centro West State Gas Tax 38,636 0 38,636
14 Esperanza State Gas Tax 9,091 0 9,091
15 Lyford Drive State Gas Tax 40,909 0 40,909
16 Mar East #2 State Gas Tax 23,909 0 23,909
17 Mara Vista State Gas Tax 19,091 0 19,091
18 Palmer Court State Gas Tax 6,364 0 6,364
19 Sommer Court State Gas Tax 3,636 0 3,636
20 Stewart Drive State Gas Tax 9,091 0 9,091
21 Terrace State Gas Tax 4,273 0 4,273
22 zKaren Way (leland) State Gas Tax 27,274 0 27,274 din
p"ng
23 Cecilia Way State Gas Tax 31,818 0 31,818 authorized 1997-98
24 Juno Road State Gas Tax 39,091 0 39,091
25 Mercury State Gas Tax 57,273 0 57,273
26 Apollo Road State Gas Tax 32,727 0 32,727
Total Street Improvements: $529,545 $0 $529,545
DRAINAGE IMPROVEMENTS
FY98 Y-T-D
DEC Estimated
Project Funding Source Budget Expended Final Notes & Description
Miscellaneous Streets & Drainage 10,000 4,660 5,340
2 Sugarloaf/Place Moulin Streets & Drainage 30,000 0 30,000 carry-fwd, 1996.97
3 Greenwood Beach Easement Streets & Drainage 94,500 500 94,000 carry-fwd, 1995-96
Streets & Drainage at $26,300
Homeowners at $56,200
County Flood Control at $12,000
Total Drainage Improvements: $134,500 $5,160 $129,340
STATEMENT-2-1
CAPITAL IMPROVEMENT PROGRAM
Estimated for the fiscal year ending June 30, 1998
Year-to-Date: December 31, 1997
COMMUNITY DEVELOPMENT IMPROVEMENTS
FY98 Y-T-D
DEC Estimated
Project Funding Source Budget Expended Final Notes & Description
Marin Renters Rebate Low/Moderate Housing 3,300 3,300 3,300 Recurring
2 Tiburon Historical District Capital Outlay Reserve 16,000 0 16,000 1996.97, re-affr. 6.4.5
3 New Police Project New Police Reserve 101,000 37,405 101,000 1997-98
Architect Services
4 Emergency Generator, NTC Property Development 44,000 0 44,000 1997-98
Property Development at $25000
Sprint Share at $19000
5 Power Supply at McKegney Park Development 2,500 0 2,500 1997-98
6 Multi Use Path Repairs Park Development 3,900 0 3,900 1997-98
7 Belveron Mini-Park Park Development 1,500 0 1,500 carry-forward
8 Flood Plain Improvrnents Capital Outlay Resv. 16,000 0 16,000 authorized, 2.97
Landscape Contract w/Carducci Associates
9 Open Space Improvements Open Space AcquisitiOl 10,000 8,625 8,625 1997-98,10.1.97
Trail repairs, Sugarloaf completed
10 Open Space Trails Open Space AcquisitiOl 2,500 0 2,500 carry-forward
Designation oftrailslpaths
11 Purchase BMR Unit (#18) Low/Moderate Housing 101,000 0 101,000 approved 6.97
reaffirmed 9.17.97
12 Elephant Rock Improvements Park Development 70,500 2,701 70,500
Reconstruction grants. donations at $67,000, est
Engineering authorized 9.96 at $3,500
Total Community Improvements: $372,200 $52,031 $370,825
STATEMENT-2-2
CAPITAL IMPROVEMENT PROGRAM
Estimated for the fiscal year ending June 30, 1998
Year-to-Date: December 31, 1997
REDEVELOPMENT IMPROVEMENTS
Project
Neds Way Senior Housing
Predevelopmenl, initial study
Fwuling Source
Housing Set-Aside
FY98 Y-T-D
DEC Estimated
Budget Expended Final Notes & Description
authorized 9.96
9,600 3,648 9,600 Cony forward
$9,600 $3,648 $9,600
Total Redevelopment Improvements:
TRANSFERSIREALLOCA nONS
FY98 Y-T-D
DEC Estimated
Transfer to -- Funding Source Budget Expended Final Notes & Description
New Police Facility Resv Unallocated Reserve 150,000 150,000 150,000 Approved 9.3.97
Empl Comp Leave Resv Unallocated Reserve 46,000 46,000 46,000
Capital Outlay Resv Unallocated Reserve 100,000 100,000 100,000
Park Development Resv Unallocated Reserve 50,000 50,000 50,000
Self Insurance Resv Unallocated Reserve 4,000 4,000 4,000
Streets & Drainage Resv Unallocated Reserve 50,000 50,000 50,000
2 New Town Center Resv Flood Plain Interest 125,000 125,000 125,000 Implemented 12.97
Total Transfers/Reallocations: $525,000 $525,000 $525,000
STATEMENT-2-3
FlJND RESOURCES
General Fund Reserves:
It is currently estimated that the June 30, 1998 balance for all Reserves of the General Fund will
be $2,360,100. The estimated General Fund Unallocated Reserve balance will be $1,182,300, or
approximately 35% of the adopted operating expenditure budget.
Other Restricted Capital Improvement Funds:
The Gas Tax Fund has an estimated year-end balance (available resources) of$109,000.
The Open Space Acquisition Fund has estimated available resources of $94,000.
The Housing In-Lieu Fund has estimated available resources of$617,000.
The Marsh Restoration Fund has estimated available resources of$III,OOO.
Redevelopment Agency Funds:
The Housing Set-Aside Fund has estimated available resources of$559,000, however as the
Ned's Way Senior Housing Project progresses this figure will be revised.
Mid-Year Financial Report, Fiscal Year 1997-98, 2nd quarter, December 31, 1997
Meeting of January 21,1998
7
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TIBURON TOWN COUNCIL
STAFF REPORT
Meeting:
To:
From:
Subject:
January 21, 1998
Item:
lO-B
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
PROPOSED BUDGET PLANNING CALENDAR-
FISCAL YEARS 1999 & 2000
BACKGROUND
Attached for Council review is the proposed Budget Planning Calendar for the next 2- Year
Municipal Budget Plan, including Fiscal Years 1999 and 2000.
ATTACHMENTS:
I. Draft Budget Calendar.
TIBURON BUDGET PLANNING CALENDAR
.
Preparation of 2-Year Municipal Budget Plan
for Fiscal Years ending June 30th 1999 & 2000
January 21 Wed Staff presents submits Mid-Year 1997/98 Report to Town Council (regular meeting)
Staff presents draft Budget Planning Timetable for Fiscal Years 1999 & 2000
February 6 Fri Finance issues Budget Instructions to Operating Departments
Departments begin preparation of2-Year Budget Plans
Town Engineer directed to prepare 2 Year Capital Improvements Program
Finance directed to prepare
Redevelopment Agency Budget Plan
Draft Revenue Report for 1999 & 2000
Debt Service General Obligation & Assessment District Budget Plan
March 31 Tue Submitted to Finance:
Operating Departments' Budget proposals
Town Engineer's Capnallmprovements Plan
April 6 Mon Submitted to Town Manager by Finance
Draft Revenue Report
Compiled Department Operating Proposals
Town Engineer's Capital Improvement Plan
13 Mon Submitted to Town Manager by Finance
Redevelopment Agency Budget Plan
Debt Service Budget Plan
15 Wed Staff submits 3rd Quarter 1997/98 Report to Town Council (regular meeting)
Town Manager Meets with Department Heads to Discuss Budget Priorities
(specific dates and times to be assigned)
Town Attorney
Community Development - Planning, Design Review, Building Inspection
Police Services
Public Works - Streets, Parks
Administration - Town Manager, Finance, Town Clerk, Legislative
Administration - Redevelopment Agency
Town Engineer - Engineering & Capital Improvements Plan
May Town Manager & Finance Director review Draft 2-Year Budget Plan
Recompilation of Budget Plan Elements
Printing of Preliminary Budget Plan
(specific dates and times to be assigned)
June 3 Wed Budget Planning items (regular meeting) Regular Meeting
Finance Director submns Resolutions for Fiscal Year 1999 (consent)
Open Space 1972 General Obligation Bond Tax Rate
Point Tiburon Special Tax
Gann Appropriation Limn
Town Manager presests Preliminary 2-Year Budget Plan
Overview of General Fund Operating Revenues & Expendnures
Budget Planning nems (for adjourned meeting, (week of June 8-12)
Department Operating Budgets
17 Wed Budget Planning nems (regular meeting)
Redevelopment Agency 2-Year Budget Plan
Capital Improvement Program
Debt Service Program
July 1 Wed Adopt 2 Year Municipal Budget Plan for Town & Redevelopment Agency
(regular meeting)
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 1/21/98
/1
To:
From:
Subject:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR *
100 NED' S WAY (HILARlTA APARTMENTS): PRECISE PLAN
AMENDMENT TO CONSTRUCT A 1,185 SQUARE FOOT COMMUNITY
ROOM, COMPUTER TRAINING ROOM & LAUNDRY ROOM ADDITION
JANUARY 15, 1998
Date:
BACKGROUND
The Hilarita- Tiburon Ecumenical Association is proposing a Precise Plan Amendment to
construct a detached combination community room/laundry room/computer training room at the
Hilarita Apartments.
A detailed description and analysis of the project is contained in attached Exhibit C, which is the
Planning Commission Staff Report on the application.
PLANNING COMMISSION REVIEW
The Planning Commission held a public hearing on the application on January 14, 1998, and
unanimously voted to recommend approval of the project as submitted, subject to the conditions
contained in the Staff Report. In an abundance of caution, the Commission added a condition
that no commercial business be conducted from within the facility, specifically the computer
training room. Planning Commission Resolution No. 98-01 is attached as Exhibit B.
DESIGN REVIEW BOARD COMMENTS
The Design Review Board considered the project on January 15, 1998. The Board gave the
project a favorable review.
RECOMMENDATION
That the Town Council, following a public hearing, adopt the attached Resolution (Exhibit A>
approving the project.
Tiburon Town Council
Staff Report
1/21/98
1
EXHffiITS
A. Draft Town Council Resolution approving the project.
B. Planning Commission Resolution No. 98-0 L
C. Planning Commission Staff Report (including Exhibits 1-7).
\scottI396071c.rpt
Tiburon Town Council
Staff Report
1/21/98
2
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON APPROVING AN AMENDMENT
TO THE HILARlTAPRECISE PLAN FOR PROPERTY AT 100 NED'S WAY (PD #34)
ASSESSOR PARCEL NUMBER 58-151-25
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1.. Findings
A. The Town ofTiburon approved the Hilarita Precise Plan on November 8, 1971 by
adopting Resolution No. 399; revisions to the Precise Plan were subsequently approved
on February 14, 1973 by adoption of Resolution No. 511.
B. The Town has received an application from the Hilarita-Tiburon Ecumenical Association
requesting a Precise Plan Amendment to construct a 1,185 square foot combination
community room/computer training room/laundry room at the Hilarita Apartments located
at 100 Ned's Way. Said application is Planning Department File #39706 and consists of
the following:
1. Application form and supplemental written material received 11/20/97.
2. Drawings (7 sheets) prepared by Herman, Stoller, CoJliver dated 10/7/97.
3. Revised site plan (1 sheet, II" X 17") dated 1/8/98.
D. The Planning Commission held a duly-noticed public hearing on January 14, 1998, and
has adopted Resolution No. 98-01 recommending approval of the Precise Plan
Amendment to the Town Council.
E. The Town Council held a duly-noticed public hearing on January 21, 1998, and finds that
based upon analysis provided in the Staff Report dated 1/15/98, the proposal is consistent
with applicable provisions of the Tiburon General Plan and Tiburon Zoning Ordinance,
and is in substantial conformance with the Hilarita Precise Plan, as amended.
F. The Town Council finds that the project is categorically exempt from CEQA per Section
15303 of the CEQA Guidelines.
Section 2.. Approval.
NOW, THEREFORE BE IT RESOLVED that the Town Council does hereby approve
the above-described Precise Plan Amendment application, subject to the following conditions:
1. The Precise Plan for the Hilarita Apartments (pD #34) shall be amended to reflect an
approximately 1,185 square foot combination community room, computer training room,
Tiburon Town Council
Resolution No.
1/21/98 1
EXTTLc;lT No.A
and laundry room as shown on plans referenced above (including the revised site plan
dated 1/8/98), said plans being on file with the Tiburon Planning Department. All other
provisions of the Precise Plan not in conflict with this amendment remain in effect.
2. Use of the proposed facility shall be restricted to Hilarita Apartments residents. No
commercial business uses shall be allowed to operate within the facility.
3. As a condition of building permit issuance, it will be required that any damage to existing
roadway improvements (Ned's Way) resulting from the construction activities shall be
repaired prior to granting of a Certificate of Occupancy.
4. Access to the building from the parking lot shall meet regulations of the Americans with
Disabilities Act (ADA).
5. All requirements set forth in the Tiburon Fire Protection District letter dated 12/16/97
shall be met.
6. The following condition shall be placed on the building permit: Ned's Way shall remain
open at all times during construction of the building. Deliveries of construction equipment
or other instances where circulation at the Ned's WayfTiburon Boulevard intersection
could be affected shall be scheduled to occur before or after Reed Elementary School
hours (before 7:30 AM or after 3:00 PM) or on days when school is not in session.
7. Site Plan & Architectural Review approval for the building shall be secured.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on January 21, 1998, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
MOGENSBACH,~CE-MAYOR
TOWN OF TffiURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
Tiburon Town Council
Resolution No.
1/21/98
2
.
RESOLUTION NO. 98-01
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TffiURON RECOMMENDING APPROVAL
OF AN AMENDMENT TO THE HILARlTA
PRECISE PLAN FOR PROPERTY AT 100 NED'S WAY (pD #34)
ASSESSOR PARCEL NUMBER 58-151-25
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1.. Findings
A. The Town ofTiburon approved the Hilarita Precise Plan on November 8, 1971 by
adopting Resolution No. 399; revisions to the Precise Plan were subsequently approved
on February 14, 1973 by adoption of Resolution No. 511.
B. The Planning Commission has received an application from the Hilarita-Tiburon
Ecumenical Association requesting a Precise Plan Amendment to construct a 1,185 square
foot combination community roomlcomputer training room/laundry room at 100 Ned's
Way. Said application is Planning Department File #39706 and consists of the following:
1. Application form and supplemental written material received 11/20/97.
2. Drawings (7 sheets) prepared by Herman, Stoller, Colliver dated 10/7/97.
3. Revised site plan (1 sheet, 11" X 17") dated 1/8/98.
D. The Planning Commission has held a duly-noticed public hearing on January 14, 1998, and
has heard and considered testimony from interested persons.
E. . The Planning Commission has found that based upon analysis provided in the Staff Report
dated 1/9/98, the proposal is consistent with applicable provisions of the Tiburon General
Plan and Tiburon Zoning Ordinance, and is in substantial conformance with the Hilarita
Precise Plan, as amended.
F. The Planning Commission finds that the project is categorically exempt from CEQA per
Section 15303 of the CEQA Guidelines.
Section b. Recommendation Q[ Approval
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby
recommend approval of the Precise Plan Amendment application to the Town Council, subject to
the following conditions:
Tiburon Planning Commission
Resolution No. 98-01
1/14/98
1
~xnr;l~'T' N.O D
~CJ~_,i...L'....J.._...) 'j,... .~
1. The Precise Plan for the Hilarita Apartments (pD #34) shall be amended to reflect an
approximately 1,185 square foot combination community room, computer training room,
and laundry room as shown on plans referenced above (including the revised site plan
dated 1/8/98), said plans being on file with the Tiburon Planning Department. All other
provisions of the Precise Plan not in conflict with this amendment remain in effect.
2. Use of the proposed facility shall be restricted to Hilarita Apartments residents. No
commercial business uses shall be allowed to operate within the facility.
3. As a condition of building permit issuance, it will be required that any damage to existing
roadway improvements (Ned's Way) resulting from the construction activities shall be
repaired prior to granting of a Certificate of Occupancy.
4. Access to the building from the parking lot shall meet regulations of the Americans with
Disabilities Act (ADA).
5. All requirements set forth in the Tiburon Fire Protection District letter dated 12/16/97
shall be met.
6. The following condition shall be placed on the building permit: Ned's Way shall remain
open at all times during construction of the building. Deliveries of construction equipment
or other instances where circulation at the Ned's Way/Tiburon Boulevard intersection
could be affected shall be scheduled to occur before or after Reed Elementary School
hours (before 7:30 AM or after 3:00 PM) or on days when school is not in session.
7. Site Plan & Architectural Review approval for the building shall be secured.
. PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town
ofTiburon on January 14, 1998, by the following vote:
AYES:
COMMISSIONERS: Berger, Klairmont, Knoble, Sadrieh & Slavitz
NOES:
COMMISSIONERS: None
/s/ Mohamad Sadrieh
MOHAMAD SADRlEH, CHAIRMAN
Tiburon Planning Commission
ATTEST:
:A:d ~"
, ' .
, .L/ '~-n'LJ
SCOTT ANDERSON, SECRETARY
Tiburon Planning Commission
Resolution No. 98-01
1/14/98
2
TOWN OF TIBURON
STAFF REpORT
To:
From:
Subject:
Date:
ITEM NO. :::<
MEETING DATE: 1/14/98
PLANNING COMMISSION
SCOTT ANDERSON, PLANNING DIRECTOR ~
100 NED'S WAY (HILARlTAAPARTMENTS): PRECISE PLAN
AMENDMENT TO CONSTRUCT A 1,185 SQUARE FOOT
COMMUNITY ROOM, COMPUTER TRAINING ROOM & LAUNDRY
ROOM ADDITION
JANUARY 7, 1998
BACKGROUND
Address:
APNo.:
FileNo.:
General Plan:
Zoning:
Property Size:
Subdivision:
Current Use:
Owner:
Applicant:
Date Complete:
PSA Deadline:
HISTORY
100 Ned's Way
58-151-25
39706
VH (Very High Density Residential)
RMP (Residential Multiple Planned Development)
7.97 acres
PM
Hilarita Apartments
Hilarita- Tiburon Ecumenical Association
same
12/15/97
NA
A Master Plan and a Precise Plan for the Hilarita Apartments were approved in the early 1970's.
These approvals allowed up to 112units. Following time delays caused by a lawsuit, only 102
units were eventually constructed a few years later. The Hilarita represents the single largest
affordable housing facility on the Tiburon Peninsula.
In the past few years, the Hilarita has undertaken a substantial renovation and upgrade project for
the entire facility. Part of the upgrade was to provide accessible facilities, including a community
room and laundry facilities, since neither of the current facilities are accessible. Extensive efforts
were made, working with the Town's Building Official, to retrofit the existing community room
Tiburon Planning Commission
StafJReport
1
1/14/98
EXHIBIT NO.L.
(and the laundry facility below it) to meet accessibility requirements. The cost to construct such a
retrofit proved infeasible, and the aesthetic ramifications were also severe. Still needing to
provide these facilities, the applicant has proposed a small new building as an alternative solution.
In addition, a computer training room would be installed in a portion of the building to provide
training opportunities for Hilarita residents.
The proposed building would be located on a sand-filled area which formerly served as a
playground area for the Hilarita. The badly-deteriorated playground equipment was removed
approximately 1 Y:z years ago, and the area has been unused since.
PROPOSAL
The project entails construction of a 1,185 square foot, 16 foot high, one story building on a
currently unused portion of the site. A detailed project description provided with the application
reads as follows:
Proposed Precise Plan Modification: To construct a new Computer Training and Community
Room. With an accessible bathroom, and an attached LaunCry Ream with a separate
entrance. The building will be a one story structure. approximately 1070 square feet (net)
(1185 square feet (gross)). With a 55 square foot covered patio ar the prrmary entrance for
protection from inciement weather. The building form. exterior finishes. and trim will"be the
same as the existing builcings. The building form is defined with a large shed roof with a 3 In 12
slope to match existing adjacent structures. With a lower roof at the North side of the building.
Two entrances will be provided for access to the Community Room. Tr,e computers (eight
stations) will be housed in an attached room that can be secured against vandalism
independently of the Community Room. The Computer Room will be aonnected to the
Community Room with a full.height lockable door and three lockable roll.down doors~ to be
opened during computer training classes. A roll-down screen located in the Community Room
ccn be lowered for instruction purposes. '
Tr.e use of the building wili be as foliows: General use for the residents of the Hilarita and for
computer training instruction for reSidents. The existing Community and Laundry Rooms are not
acceSSible to the disabled. In the Laundry Room In the new building. one accessible washer
and one dryer will be provided. with room for an additionai accessible washer and dryer for
future expansion. This accessible laundry facility will be provided for use by Hilarlta reslCents
oniy during regular hours of operation. A Janitor's Closet with a mop sink will be provided
At the exterior of the proposed structure, approximately 35 linear feet of tr,e existing fence will
be removed at the site of me proposed structure, the remaining fence will be reparred and
pOint will be touched up. A small section of the fence will be relocated to the West side of the
proposeC building. The structure is built on an existing open space. currently sanC. New
planting will be provided in the vocabulary of the existing Hllarrta landscaping, anC new
sidewalks (similar to existing) willbe furnished as indicated on the attached drawings,
ANALYSIS
General Plan and Zoning Ordinance Consistency
The project site is located in a high density planned residential zone. The proposed use would be
Tiburon Planning Commission
Staff Report
1/14/98
2
consistent with the uses allowed in the zoning district. Community room and laundry room
functions echo existing facilities on-site, but provide a handicapped-accessible alternative to the
existing non-accessible facilities. The computer training room of approximately 240 square feet is
a new use on the site, but would be limited to use by residents only and is therefore
complementary to the residential nature of the Hilarita Apartments. No additional parking is
proposed for this facility, and none is required under the Town's ordinance so long as the facility
is restricted to tenant use only.
Precise Plan Consistency
The originally approved plan showed a playground in this area. However, the priorities and
desires of Hilarita tenants have apparently changed over the years, and the playground fell into
disrepair and disuse. The Tiburon-Hilarita Ecumenical Association Board has indicated that the
proposed use is more necessary and desired than a playground.
Siting & Design
Story poles have been erected to depict the location and height of the proposed building.
Originally-submitted plans (Exhibit 6) indicated that the building would be located behind the
existing brown wooden fence facing Tiburon Boulevard. Due to a misunderstanding of current
site conditions, a revised site plan submitted 1/8/98 now indicates that the addition will extend in
front of the existing wooden fence by about four feet. Story poles are accurate. The portion of
the fence where the building would sit is to be removed. The fence would need to be relocated
approximately five feet toward the parking lot and Tiburon Boulevard. This would result in a
slight reduction of the existing landscape and planting area, but would still leave a substantial
landscape buffer area between the building and the parking lot. Please refer to Exhibit 7.
The Design Review Board will be considering the project at its meeting on January 15, 1998. The
Board will be considering siting, design, colors, materials, lighting, and landscaping in its review.
Detail~d landscape plans have been submitted for review by the Board. Any DRB approval would
be contingent upon approval of the Precise Plan Amendment by the Town Council.
Planning Department Staffbe1ieves that the facility will blend well into the existing Hilarita
complex, provide required accessible facilities, and be an overall asset to the development.
Environmental Determination
The project is categorically exempt from the requirements of the California Environmental Quality
Act pursuant to Section 15303 of the CEQA Guidelines.
Public and Agency Comments
The Town has received no public comments on the application as of this writing. Notices
Tiburon Planning Commission
Staff Report
1/14/98
3
were sent to all Hilarita apartment units and to owners of property within 300 feet of the Hilarita.
Agency comments have been received from the Town Engineer, Tiburon Fire Protection District,
Marin Municipal Water District, and Reed Union School District. These comments are attached
as Exhibits 2 through 5.
The Town Council has waived all planning, building permit, and in-house plan check fees for this
project.
SUBSEQUENT APPROVALS NEEDED
A favorable review of the application by the Planning Commission would constitute a
recommendation for approval to the Town Council, which would then hear the matter and take
final action. Denial of the application by the Planning Commission would be final unless appealed
to the Town Council.
Site Plan and Architectural Review approval and building permits would be required prior to any
construction.
RECOMMENDA nON
That the Planning Commission adopt the Resolution (Exhibit 1) recommending approval of the
Precise Plan Amendment to the Town Council.
EXHmITS
1. Draft Resolution.
2. Town Engineer comments dated 12/5/97.
3. Fire District comments dated 12/16/97.
4. MMWD comments dated 12/11/97.
5. Reed Union School District comments dated 12/19/97.
6. Large-scale plans prepared by Herman, Stoller, Colliver dated 10/7/97 (7 sheets).
7. Revised partial site plan (11" X 17") dated 1/8/98 with explanatory notes of changes
made.
Iscott'J9706pc.rpt
Tiburon Planning Commission
StajJReport
1/14/98
4
RESOLUTION NO. 98-draft
A RESOLUTION OF THE PLANNING COMMISSION
OF THE TOWN OF TffiURON RECOMMENDING APPROVAL
OF AN AMENDMENT TO THE HILARlTA
PRECISE PLAN FOR PROPERTY AT 100 NED' S WAY (pD #34)
ASSESSOR PARCEL NUMBER 58-151-25
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows:
Section 1. Findings
A. The Town ofTiburon approved the Hilarita Precise Plan on November 8, 1971 by
adopting Resolution No. 399; revisions to the Precise Plan were subsequently approved
on February 14, 1973 by adoption of Resolution No. 511.
B. The Planning Commission has received an application from the Hilarita-Tiburon
Ecumenical Association requesting a Precise Plan Amendment to construct a 1,185 square
foot combination community room/computer training room/laundry room at 100 N;ed's
Way. Said application is Planning Department File #39706 and consists of the following:
1. Application form and supplemental written material received 11/20/97.
2. Drawings (7 sheets) prepared by Herman, Stoller, Colliver dated 10/7/97.
3. Revised site plan (1 sheet, 11" X 17") dated 1/8/98.
D. The Planning Commission has held a duly-noticed public hearing on January 14, 1998, and
has heard and considered testimony from interested persons.
E. The Planning Commission has found that based upon analysis provided in the Staff Report
.' dated 1/9/98, the proposal is consistent with applicable provisions of the Tiburon General
Plan and Tiburon Zoning Ordinance, and is in substantial conformance with the Hilarita
Precise Plan, as amended.
F. The Planning Commission finds that the project is categorically exempt from CEQA per
Section 15303 of the CEQA Guidelines.
Section z.. Recommendation Qf Approval.
NOW, THEREFORE BE IT RESOLVED that the Planning Commission does hereby
recommend approval of the Precise Plan Amendment application to the Town Council, subject to
the following conditions:
Tiburon Planning Commission
Resolution No. 98-draft
1/14/98
1
EXJUBIT NO.
1. The Precise Plan for the Hilarita Apartments (PD #34) shall be amended to reflect an
approximately 1,185 square foot combination community room, computer training room,
and laundry room as shown on plans referenced above (including the revised site plan
dated 1/8/98), said plans being on file with the Tiburon Planning Department. All other
provisions of the Precise Plan not in conflict with this amendment remain in effect.
2. Use of the proposed facility shall be restricted to Hilarita Apartments residents.
3. As a condition of building permit issuance, it will be required that any damage to existing
roadway improvements (Ned's Way) resulting from the construction activities shall be
repaired prior to granting of a Certificate of Occupancy.
4. Access to the building from the parking lot shall meet regulations of the Americans with
Disabilities Act (ADA).
5. All requirements set forth in the Tiburon Fire Protection District letter dated 12/16/97
shall be met.
6. The following condition shall be placed on the building permit: Ned's Way shall r~.main
open at all times during construction of the building. Deliveries of construction equipment
or other instances where circulation at the Ned's Way/Tiburon Boulevard intersection
could be affected shall be scheduled to occur before or after Reed Elementary School
hours (before 7:30 AM or after 3:00 PM) or on days when school is not in session.
7. Site Plan & Architectural Review approval for the building shall be secured.
PASSED AND ADOPTED at a regular meeting of the Planning Commission of the Town
ofTiburon on January 14, 1998, by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
MOHAMAD SADRIEH, CHAIRMAN
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
\scott\39706pc.res
Tiburon Planning Commission
Resolution No. 98-draft
1/14/98
2
---.---- .-- ..-
TOWN OF TIBURON
OFFICE OF THE TOWN ENGINEER
~..
;'.. ,"':"~~:
""... ~-:
~'-
~
1155 TIBURON BLVD.. TIBURON, CA 94920
(415) 435-7369 Fax (415) 435-2438
TO:
Planning- Department, >Cd7T" Ank.so>?
RECEIVED
TOWN OF T18URON
DEe s 1997
DEPARTMENl CF
COMMUNITY DEVELOPMENT
DATE: /z.- s- 1 r
FROM: .
Siavash Barmand. Town Eng-ineer :?>
Re:
jtp.,..,J'i;, A'A>Y-r~ (;",,_./4...
(/
Ihave reviewed the above referenced permit for site drainage,
driveway location/Iayout, and parking requirements and:
L Find it COMPLETE
Find it ACCEPTABLE AS PRESEl'-ilED
Find it INCOMPLETE
-7 Recommend the conditions listed below
be completed prior to:
.' _2 Issuance of Building Permit
Occupancy
Approval of
Other
"I
"
7h~ ~'~ ~/ :: aCC~H t.- ;rh tf?=~~~&-
~~/ ~ 4c;:; - 1hL 7JJ0 - j 4htt_m~ ~ ~- .
't:~
>Afi j..!i-
"
-As
EXHIBITNO. ~
~"',.~=,.:.d.,~=~",-_,=..:...:.__::_:;.'=-~,=-=-,~,="--,,_~,,,,,--_____ .__~ .__..---.-..-r.....
TIBURON FIRE PROTECTION DISTRICT
TO: TIBURON PLANNING DEPARTMENT
FROM:
Ron Barney, Fire Inspector
DATE:Dec. 16, 1997
RECEIVED
TOWN OF T18URON
DEl~ 1 iJ 1997
RE: 100 Ned's Way
f)r-PARn1~MT m: .
COMMUNITY DEVELOPMENT
The proposed addition of the computer and community resource building at the
Hilarita Apartments, 100 Ned's Way, shall comply with the following requirements of
the Uniform Fire Code and the Tiburon Fire Protection District:
1)
The structure shall have installed throughout an automatic
fire sprinkler system in accordance with NFP A std. 13.
The system design, installation and final testing shall be
approved by the District Fire Prevention Officer. UFC 1003
:.
2) An approved alarm system shall be installed to provide
flow and tamper alarm monitoring through a U.L. listed central receiving
station. UFC 1003
3) Access within the structure shall be provided through the District's Knox
Box system. UFC 902
4) Provide a "greenbelt" by cutting and clearing all combustible
.' vegetation within 30 feet of the structure. UFC 1103
Thank you for the opportunity to review the plans.
..
cc:
EXlIIBIT NO, 3
MARIN MUNICIPAL
WATER DISTRICT
220 Nellen Avenue
Corte Madera, CA 94925-1169
415.924.4&0
FAX 415927.+953
RECEIVED
TOWN OF TIBURON
DEe 1 6 1997
December 11, 1997
File No. 244.1
Map No. N21-12
DEPARTMENT OF
COMMUNITY DEVELOPMENT
Scott Anderson
Tiburon Planning Department
1155 Tiburon Boulevard
Tiburon, CA 94920
RE: WATER AVAILABILITY - Multi-Unit Community Center
Assessor's Parcel No.: 58-151-25
Location: 100 Ned's Way, Tiburon
Dear Mr. Anderson:
"
The Hilarita Apartments are currently being served. However, the proposed community
center will require an additional water entitlement and separate water meter.
This project will be eligible for water service upon request and fulfillment of the
requirements listed below.
1. Complete a Standard Water Service Application.
2. Submit a copy of the building permit.
3. Pay appropriate fees.
4. Complete the structure's foundation within 120 days of the date of application.
5. ,Comply with the District's rules and regulations in effect at the time service is
requested.
If you have any questions regarding this matter, please contact Kris Niffenegger of our
engineering staff at 924-4600, extension 236. ~
Very truly yours,
, A-r1,~ L
m Mistron
roject Manager
KN:js
'~~~r":rIR-IT NO 4
l_<'->..i..... ~ .
An ~ual Opporruniry/ Affinm.rive Acnon Emplover
~ Recycled
\;:I Recyclable
R~~D UNION SC~OOL DISTRICT
105.A Avenlda Mirallores Tiburon, CA 94920 (415) 435.7848 FAX (415) 435-7843
December 19,1997
~=iI"'cg1\!~n
rj.l-.~!.....,. 9:j ~r:m7
VIA FACSI1\1ILE AND
FIRST CLASS MAJL
TO'iI\'~1 0'= T''':: '~'''''"
"',.~ I ......_rt""i\l
. r, ,-, I(N7
~, .. /"
Mr. Scott Anderson
Planning Director
Tiburon Planning Department
1155 Tiburon Boulevard
Tiburon, CA 94920
r;r=::1~-,' :i,~':'~IT n.~
--"". .u,-,". \.If
C"'''!Vj'' ""TY' D'-' .,-, ,,~
\"I"" U'~II l:V~' U~A,'r.:'lT
'-.... f ul_.'f
RE:
Hilarity Apartments Community Room
File #39706
,.,
Dear Scott:
Thank you for forwarding to us a copy of the project description for the above proposed
project.
We have no objection to the proposed project and believe it will be an asset to the
community. However, it is very essential that during the construction of the new building
thatNed's Way remain open at all times for traffic to be able to flow smoothly to and
from Reed School. Any deliveries oflarge equipment or construction materials which
might temporarily slow or block traffic at the intersection of Ned's Way and Tiburon
Boulevard should be scheduled to occur before or after school hours (before 7:30 a.m. or
after 3 :00 p.m.) or on days when school is not in session. ..
Very truly yours,
'. . ~;!/~P-'--
I. J -hii--Y
\lfl 0 son
Business Manager
J
EXHIBIT NO,
~
Superintendent
Schools
Board of Trustees
Merrill Boyce
Susan Hileman
Grace Livingston
Harry Smith
Robert Weisberg
Sheila Puckett
Reed K-2
Bel Aire 3-5
Del Mar 6-8
UtTE-- /l)f}--/ L ::IF ~
104 Neds Way
Tiburon Ca
January 7, 1998
RECEIVED
TOWN OF T18URON
JAN 9 199&
DEPARTMENT OF
COMMUNITY DEVELOPMENT
To the Planning Commission:
Re: Proposed community room/computer training room/laundry facility to be
built at the Hilarita. At present this will be 642 sq. ft.(reduced in size due to
insufficient funds) and will ilnclude 2 washer/dryer stations for the elderly and the
disable~ 8 computer stations, and the remaining room to be used for meetings.
I am writing as a resident (and will be present at the meeting on the 14th of January)
,
When I first heard of the proposed buildling, I was aghast. What did we need a
computer training center for with a state of the art library 10 minutes away??
Since then I have learned that the Marin Community Foundation had originally
granted $140,000 to the Hilarita for a ramp leading to the present community room.
This proved to be too expensive. Rather than return the money, the plan for the
above building was submitted and approved by the Marin Foundation. "
At no time were residents asked for ideas as to what they would like or need. I am
told a survey was taken months ago to see if residents were interested in the
computer training center but I was not aware of this survey nor have I seen the
results.
~uldnt this money be better spent sending those interested in att~ining
computer skills down to the library to learn the basic computer skills followed up by
community college course~ The money would thus be usedsimply for education
rather than the expensive construction of a building.
As for the two laundry facilities, they will hardl y be sufficient for all the seniors
living l:1ere. And to be honest there should be new laundry facilities for all---it is
difficult for both young and old to use the present facilities because of the very steep
stairs leading up to the laundry room.-
One further question about this building is the security. Due to the vandlizing of the
laundry room, we now have to use a card to gain entrance. At night and on
weekends youngsters hang around outside the laundry room. This new building
will give them another place to hang out and vandalize. I am told there will be
someone on duty(another expense) when the computer roorn is open but when it is
closed??/?
In addition to being concerned about the expenditure of money, I personally will
be impacted by this building--both during and after construction. It will be right
next to my apartment building and my apartment. The highest point of the roof
will be 16 feet---higher than my bedroom window. It will partiallly block light and air
to my apartment and completely block the apartments below me. I did not realize
what the full impact of this building would be until I saw the story poles this week.
In addition there has been no consideration shown to me by the committee in
.
charge of the building plans regarding my future comfort and well-being.
Respectfully yours,
L~~
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DEPARTMENT OF
COM M U N I f$M~~llYJl~PMENT
HILARITA COMPUTER AND
January 6, 1998
DESIGN REVIEW ADDITIONAL INFORMATION (to be attached to all distrIbuted
documents for Design Review)
At the exterior of the proposed structure. approximatelv 35 linear feet of the exlsting fence will
be removed at the site of the proposed structure. the remaining fence will be repaired and
paint will be touched up.
Our submitted drawings Indicate the Fence iocation incorrectlv in reiation to the proposed new
structure (Reference attached SK-l). The location of the fence was based on prior
documentation of the site. The actual location of the Fence Is approximately 5'-6' North of the
South elevation of the building as currentlv shown in Design Review documents. This
discrepancy was observed during the Installation of the story poies for the building on January
5th. 1998.
We propose the fOllowing minor changes to adjust the relation of the building to the fence:
1) Shift the building slightly (6 to 8" maximum) to the North and to the West. This will place more
of the building North of the fence.
"
2) Reduce the North-South width of the building by about 1 '-0". therefore reduCing the amount
of the building located to the South of the existing fence to approximately 3'-4".
3) Windows at the southeast and the southwest shall be relocated North to respond to tt-,e
existing fence location.
4) Where the adjusted location ot the building Interferes with planting as currently proposed. It
shall be replanted In a similar configuration several feet to the South.
Consequences of adjustment to the siting of the building are os follows:
1) The extension of the building South of the fence provides visual relief from an otherwise
monolithic continuous wail.
2) The building will not move closer to Tlburon Blvd.. and in fact will shift slightly farther Into the
site, away from the street.
3) The form and massing, color, exterior finish, etc. of the building are not affected by this ,.
adjustment.
Please reference attached sketch SK-l for current and proposed relation of building to fence.
Herman Stoller Coliver Architects, Inc. will be present at the Design Review meeting on January
15th to answer any questions regarding these proposed adjustments, or feel free to call (415)
552-9210 and ask for Jeff Gammill. Any phone questions and responses wili be documented
and dlstrubuted at the meeting. .
Incorporcuec1
165 Tenth SHeet
Sdn frdrKisco
CA 94103.2607
T415.552.9210
F415.552.9811
E h~C~1@slip.net
Robert Her mdll
Arctll(e([ rAIA
Ddvid Hall
lisd Bruce
Jeff Gammill
KerH M,Kctona.td
Tracy Pitt
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Cynthi'10wings
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-41 /1
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
TOWN MANAGER
TOWN CLERK
OUTSTANDING ISSUES - COUNCIL CHAMBERS
December 12, 1997
1. WINDOW TINTING
Attached is the low bid from Climate Insulating Products, $529 for the windows behind
the Council dais and windows and doors behind the Staff table. The small windows on the east
elevation can be tinted for an additional $94
The outstanding issue is whether to use a high performance or medium performance tint,
examples are on the windows for viewing (left side = high performance, right panel = medium
performance n specifications attached)
t
I would also recommend in favor of tinting the large bank of windows that face Tiburon
Boulevard on the second floor of Town Hall. During the summer, the heat and glare was
tremendous and contributed greatly to the heat problem in 11. Recreation and the Community
Room If instructed, I will get a quote for this work.
.II. PRIVACY FOR COUNCIL CONFERENCE ROOM
Preston Petty and his staff gave us several suggestions about how to solve this problem
One of the solutions requires changing the door handles on the interior side for a cost of $230 per
handle, so I need authorization to proceed with this purchase. Blinds & Designs will submit a
quote as soon as they determine whether they can "flush mount" blinds on the inside of the door
without removing the hardware at the top
Anachments
CaATE
INSULATING
PRODUCTS
WINDOW FILMS
(707\ 539-6292
PREFERR!O AUTi-'ORI:i::"O DEALER-CONSTRUCT eN MAqKET$ DIVISION
Contractor. \.ie. No. 686649
(800) <179.6292
.
5927 Anson Drive
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Santa Rosa. California 95409
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rTI.9f>1"., 1l.1:r;.Ql';ji.,~ to st&noar<:\ practictS,b,ny .~"r.tion Of d.... aliOr: from .eo'''' 5,:leclNe.<t.
bons invc:v;o.-:j "),'If., CC-Itlil Will be 9X8el.tfld Qi"lly upon .....rrtlen Gr14lI'$, lifd I'wdt become SI"
1;I'~r" :of'1a'<;I~ 0'."" at'lClllb')\'lf :1'18 IUlimal8. All agl~"'ent5 xntina.": upo,.. ,lri~es:, acc.it!erm
or QNVS be."ond cur eonlro, Owrer to carry 1,~, IOfl'l.d" 1lf'd other n"'ce.s$.r~ in~urMlce.
CUI work91'$.tore 'tiny CI)'.J8r&Q' by Workmln's C-o,"pef"'l$~jo" I",;urar~
Autl':C\rized
Signalure
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Note; This :)tOPOsal may 06
withdrawn by \,l$ if no! accapted within
A.cc~pbmce of lBropoaa:{ ~ Tho!t above I:ri<:." s;:l'ciiicaliontO and COn-
ditions are .;atlslaetory and are herl"lbv !h::COP1Q(I_ yo.... Sf'3 lIufMr;:.>:.d ro do th.
.....ork 33 specified. PaYMent 'NIII be made as outlined ...!:love. Signaturo
Ca~$")f Aeceolance Si9"alu'e
3M
Scotch tin t ™
Sun Control Window Film
RE20NEARL High Performance Neutral
Inside View
Product Benefits
Reduces air conditioning costs.
Stay cooler by reducing excessive heat in warmer months.
Reduces glare and eye discomfort.
Furniture and fabrics have a longer acceptable life.
Increase personal safety from flying glass.
Product Performance
4<
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With RE20NEARL .i.Iol lI.
Solar Heat Reduction 59% 46% 31% 25%
Heat Loss Reduction 0% 0% 0% 0%
Glare Reduction 82% 82% 82% 80%
UV Blocked 99% 99% 99% 99%
Total Solar Enernv Reiected 66% 68% 51% 64%
~
Technical Data
Glass Applied Shading Visible Light "U"
Type Product Coefficient Reflected Transmitted Emissivity Value
+ None 0.94 8% 88% 0.84 , 1.06
,
-----.-.- - I
.... RE20NEARL 0.39 17% 16% 0.84 1.06
! None 0.69 5% 50% 0.84 1.06
RE20NEARL 0.37 8% 9% 0.84 1.06
it None 0.81 14% 78% 0.84 0.50
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i.l. RE20NEARL 0.56 21% 14% 0.84 0.50
I None 0.55 8% 45% 0.84 0.50
" RE20NEARL 0.41 11% 9% 0.84 0.50
Not recommended unless reviewed by 3M sales representative.
CLIMATE INSULATING PRODUCTS
5927 ~N30N DRIVE
U"';1l.f ClJ J- 2', SA'\lT'\'1G2A,CA 95409-3002
3M Speeil,ed (,,,,,,,,,,.ti"n Produe" Depar(ment (707) 539-6292 . (800) 479.6292
JiVl C:nl<:r l3ull,l; .2.2:,---1-S-IIS
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ScotchtinfM
Sun Control Window Film
CLIMATE INSULATING PRODUCTS
5927 AN30N DRIVE
SANTA ROSA, CA 95409-3002
(707) 539.6292 . (800) 479-6292
RE35NEARL Medium Performance Neutral
Inside View
L ('.''-/ ,''':''-c
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3:\1 Cum,trucliHIl "Iarkct... Dj"ision
3\1 Cenll'r. BlIildlll~ 22'i-+S-(IS
51. PJ.uL \1'\ .'i)["':'-+~_I()()(I
Product Benefits
Reduces air conditioning costs.
Stay cooler by reducing excessive heat in warmer months.
Reduces glare and eye discomfort.
Furniture and fabrics have a longer acceptable life.
Increase personal safety from flying glass.
Product Performance
.
...
--.'c l- It" 1:
With RE35NEARL J t
Solar Heat Reduction 45% 35% 28% 22%
Heat Loss Reduction 0% 0% 0% 0%
Glare Reduction 58% 56% 58% 58%
UV Blocked 99% 99% 99% 99%
Totai Solar Enerav Reiected 56% 61% 50% 63%
Technical Data
Glass Applied Shading Visible Light "U"
Type Product Coefficient Reflected Transmitted Emissivity Value
1 None 0.94 8% 88% 0.84 1.06
-~---~--.-
RE35NEARL 0.51 20% 37% 0.84 1.06
1 None 0.69 5% 50% 0.84 1.06
RE35NEARL 0.45 9% 22% 0.84 1.06
j"r'r None 0.81 14% 78% 0.84 0.50
:1
II
~ RE35NEARL 0.58 24% 33% 0.84 0.50
I None 0.55 8% 45% 0.84 0.50
--
RE35NEARL 0.43 10% 19% 0.84 0.50
Printed in U.S.A
@ 1M 199670-0703-7191-2 BL
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
TOWN MANAGER
TOWN CLERK
WINDOW COVERING - TOWN COUNCIL CONFERENCE ROOM
January 8, 1998
I now have four new bids provided by Blinds & Designs for window covering of the glass
doors to the Town Council conference room. In addition to the window covering, the Town will
have to purchase new door handle fixtures in order for the blinds to be lowered. Jim Wilson
estimates the fixtures to be about $250 a piece.
Please let me know when you would like to review the bids.
I )1& (7
D.L. Crane
Town Clerk
Attachment
1630Tiburon Blvd.
Tibl'ron, CA 94920
Phone (415) 435-8080
Fax l415) 435-0209
BLINDS 1 DESIGNS
THE BEST FOR lESS!
DAY
DATE
DIR
L.S.
CA 1-e ~
/--1~c;cY
,Lj(..(..
ADDRESS
CITY
HOME PH.
INSTAllATION ADDRESS (IF DIFFERENT)
ADDRESS
APPROXIMATE
INSTAll DATE
STATE
WORK PH.
ZIP
CITY
HOME PH.
STATE
WORK PH.
ZIP
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TERMS AND CQNOmONS OF SALES ORDERS AND INVOICES
You certify that the product information described on the face of this order is accurate and complete. You also
understand the products described are specifically designed and custom built and that Blinds and Designs will
take action upon execution of this agreement to order and have constructed those items set forth herein. The
delivery dale, when given, shall be deemed approximate and performance is subject 10 delays caused by strikes.
tires, acts 01 God or other reasons not under the control of Blinds and Designs as well as availability of the prod.
uct, or any component products at the lime of delivery.
This agreement is not subject to cancellation for any reason after 72 hours of order placement. Buyer expressly
understands they have a three day right of cancellation, but VOLUNTARILY WAIVES THE CANCELLATION PERI-
OD IN ORDER TO EXPEDITE THE ORDER.
Customer Signature ___
B & D Approval
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
IJ
To:
From:
Subject:
Date:
MAYOR AND TOWNCOUNCa
ANN R. DANFORTH, TOWN ATTORNEY
TELECOMMUNICATIONS JOINT POWERS AUTHORITY
January 15, 1998
BACKGROUND
The Town Manager has agendized an ordinance for the creation of a joint powers authority for
the regulation and administration of telecommunications matters on a county-wide basis. The
ordinance was drafted by a subcommittee of the Marin Managers Association and the Marin City
Attorney's Group. County staff describe the proposed ordinance and JPA in the attached
memorandum and executive summary.
Marin County currently has a joint powers authority called the Cable Rate Regulation Joint Powers
Authority. The mission of this entity is to regulate cable television rates, handle complaints, and
share the cost of legal and other specialized consultants. The Town and other local governments
in the County negotiate separate franchise agreements with cable providers.
The Town currently regulates telecommunications facilities by several means. Wireless
communications facilities, such as cellular telephone antennae, require a permit under the Town's
Interim Standards and Criteria for Wireless Communications Facilities. In addition, Chapter 9
of the Municipal Code requires that any provider of cable television services obtain a franchise
from the Town. This chapter also regulates the installation of cable TV facilities in the Town's
rights of way.
In addition, the Town has historically required an encroachment permit for the placement of any
improvements in the Town's rights of way or Town-owned land under Chapter 19 of the
Municipal Code. Chapter 19 does not expressly list telecommunications facilities as improvements
requiring permits, but the scope is quite broad and the Town has always interpreted it as
applicable to such facilities.
The proposed ordinance would replace the existing Chapter 9 of the Municipal Code and create
a new JPA to replace the existing Cable Rate Regulation Joint Powers Authority. This report
addresses the changes in regulation that would result from the enactment of the ordinance.
Page 2
January 14, 1998
ANALYSIS
The ordinance would create a joint powers authority for the regulation of telecommunications
throughout Marin County. The Town of Tiburon would become one of the new JP A's Constituent
Jurisdictions. This means that the JPA would negotiate, execute and administer future agreements
for the provision of telecommunications services. The Town's existing franchise with TCI will
remain in effect for the balance of its term but would be assigned to the JPA. The Town will
receive the revenues due it under that franchise.
Town staff occasionally receives complaints regarding the cable franchise agreements with TCI,
particularly relating to the cost of extending service to new areas. If the Town and other
Constituent Jurisdictions enact the ordinance and create the JPA, County staff and the Managers
expect that the JP A would have sufficient bargaining power to negotiate franchisees that are more
favorable to local governments and Marin residents. The powers of the JP A would not be limited
to cable service, but would extend to all providers of telecommunications technologies. .
This increased bargaining strength would come at a cost: a loss of some measure of local control.
If the Town is dissatisfied with JP A, it could withdraw upon fourteen months notice. After such
withdrawal, the Town's participation in the lPA would be limited to voting on matters that relate
solely to a franchise under which a franchisee has installed facilities and is providing services in
the Town. Any franchises granted by the JPA prior to the withdrawal would remain in effect and
be administered by the JPA for the balance of its term.
The ordinance expressly provides that the land use authority of the Constituent Jurisdictions shall
not be. superseded by the JPA. This means that the Town's current permit requirements would
remain in force. Thus, for example, construction of a cellular telephone antenna would sti1l
require a use permit from the Town. The Town could also still require an encroachment permit
for the installation of any facilities in the Town's rights of way or in Town property. I have added
a section to the ordinance expressly adding telecommunications facilities to Chapter 19's list of
improvements that require an encroachment permit.
Currently, cable TV franchisees must agree to remove their facilities if they discontinue service;
move those facilities where mandated by certain public interest considerations; supply a faithful
performance bond and liability insurance; and allow the Town to inspect their property and
records. Chapter 19 of the Municipal Code imposes similar obligations, thus future
telecommunications franchisees would sti1l be subject to most of the same requirements.
However, the Town would no longer have the right to inspect the franchisees' property and
records. The JP A would have the regulatory authority to grant itself this right.
Page 3
January 14, 1998
RECOMMENDA TION
Hold a public hearing on the ordinance and conduct the first reading.
EXHffiITS
Memorandum from Marin County Cable Rate Regulation Joint Powers Authority
Executive Summary
Draft Ordinance
MARIN COUNTY CABLE RATE REGULATION JOINT POWERS AUTHORITY
DATE:
October 30,1997
TO:
FROM:
Town/City Managers
~~~JUi>> ~n'1~~wns of Marin
(~~ ~1~e Joint Powers Authority
SUBJ:
Adoption of the Proposed Ordinance establishing a
Telecommunications Joint Powers Agency
RECOMMENDED ACTION: It is recommended that your Council adopt the attached ordinance
establishing a Telecommunications Joint Powers Authority prior to the end of January 1998.
SUMMARY: At the present time, the ten cities and the County served by TCI Cable Television
Company each have separate but similar franchise agreements with TCI. The current Cable
Rate Regulation Joint Powers Authority (MCCRRJPA) acts as a loose confederation of these
local governments. The JPA shares staff to handle complaints about Cable Television, shares
the cost of legal and other specialized consultants and regulates cable television rates. The
JPA does not provide a unified authority concerning the cable television franchise agreements.
The proposed JPA to be adopted by ordinance would provide a unified approach to all
telecommunications technology. The proposed JPA would:
. Place our local governments in the strongest possible bargaining position for the upcoming
negotiations with our major cable television franchiser, TCI (expected to begin early 1998).
. Expand the authority of the present JPA to allow member agencies to capture all revenue
and 'authority over all telecommunications media including cable television.
. Create an efficient and unified organization that will allow us to respond effectively in a
rapidly changing regulatory and technological environment.
. Continue to operate on a partnership basis in the best interest of Marin's cable TV.
ratepayers and telecom customers. The JPA as envisioned will minimize the possibility that
Marin citizens will be offered a differential in service.
. Continue to recognize the authority of local jurisdictions concerning antennae placement or
other zoning issues.
. Preserve the right of local governments to oversee the use of the public rights of way.
The proposed JPA has been reviewed by the Marin County Cable Rate Regulation JPA in two
executive sessions and two full board sessions. Extensive changes were made as a result of
these reviews. The JPA was subsequently reviewed and further revised by a subcommittee of
the Marin Managers' Association consisting of Doug Dawson and Rod Gould. Finally, the JPA
was reviewed by a subcommittee of the Marin City Attorney's Group including, Allen Haim of the
County Counsel's Office, Eric T. Davis, Deputy City Attorney for the City of San Rafael and
Craig Labadie of McDonough, Holland and Allen, City Attorney for the City of Mill Valley. The
staff of the MCCRRJPA is grateful for the careful reading of earlier drafts. Having undergone
extensive review and revision, the Ordinance is now ready for adoption. In order to be effective,
the ordinance must be adopted in substantially the same form by the future members of the
Authority --no later than July 1 st.
DISCUSSION:
The proposed JPA will remedy many of the problems that we have experienced under the
current organization. These problems are:
1. Because the franchise agreements are made with eleven different agencies, they are
cumbersome to administer. When the ownership of Viacom transferred to TCI, it took four
months for all of the franchises to be brought into conformity. Likewise, when federal law
changed the authority allotted to local agencies, it took four months to change each franchise
agreement. Since the JPA is staffed with limited paid staff these administrative hurdles are an
expensive use of resources.
2. The eleven franchise agreements are substantially similar but differ in some important
respects. Some of the franchise agreements have unique language concerning transfer of
ownership, some franchises have unique language concerning extension of services and other
service details and some have never been located. This is the type of problem that occurs when
eleven different agencies are negotiating separate agreements even when there is a
cooperative approach.
3. The separate agreements and lack of a centralized authority can play into a "divide and
conquer" strategy by the cable provider. As we begin negotiations for the renewal of our cable
television franchise agreement, it is important that we be in the strongest possible negotiating
position.
4. The current joint powers authority is a single purpose agency which cannot respond to the
changes in telecommunications technology. In the future, video may be provided by the
telephone company or conversely, some services now provided by the phone company may be
provided by the cable company. For example: Our cable provider, TCI currently has a test
program in Fremont where they provide internet access and data transmission over cable
television lines. Under our current arrangement, we will not be in a position to regulate these
services or obtain franchise fees for such services. Our local governments need every legal
revenue source available to us.
Preservation of Local Authority:
It should be noted that the JPA contains several provisions that maintain local authority.
Authority over antenna tower siting is specifically reserved to local agencies and any action of
the agency would be subject to local zoning authority. The agreement even goes so far as to
give local agencies a voice in the operation of franchises as it affects their jurisdiction even ;f the
agency withdraws from the JPA. If a particular type of telecommunications infrastructure is
proposed for some but not all jurisdictions--those jurisdictions would receive revenues from that
infrastructure. Additionally, nothing in the agreement restricts the right of cities to manage or
lease telecommunications facilities owned by the jurisdiction. This provision protects cities who
have made the investment in conduit or who may own other facilities such as a radio system.
For ease of administration, the day to day activities of the JPA can be delegated to an executive
committee but major issues such as adoption of the budget, initiation of litigation and the
creation of indebtedness would require a quorum of the Board or at least six votes. The
executive board consists of five members and the membership is distributed into geographic
zones and requires that at least one of the "big" agencies be included.
The paymef1t of cable franchise fees directly to local agencies will continue "as is" until the new
franchise is adopted in two to three years. This can mean that an agency could refuse to pay
dues If they were unhappy with an action of the agency but Marin cities have a history that
demonstriltes 3 willingness to rise above differences and form effective partnerships with other
local governments.
EXECUTIVE SUMMARY OF PROPOSED ORDINANCE TO ESTABLISH
MARIN TELECOMMUNIC,L\TIONS AGENCY
Introduction
The rapid pace of development and deployment of new and existing forms of
telecommunications facilities, coupled with economic power of the market entrants, de-
mands a coordinated, regional approach to management of the public resources to be
utilized by the providers. (pp. 1-2)
Jurisdiction
The proposed ordinance would create a county-wide JPA potentially including all
jurisdictions in the County of Marin (up to 12 in all). (p. 3) The proposed JPA would
have jurisdiction over all telecommunications facilities which occupy the public rights-of-
way to any degree whatever. (p.4) It is intended that the JPA would enact a compre-
hensive telecommunication ordinance and issue franchises to entrants pursuant to that
ordinance. (pp. 4-6) The JPA's enactments would be subject, however, to land use or-
dinances of the Constituent Jurisdictions and the Constituent Jurisdictions would ex-
pressly retain jurisdiction over cellular tower siting. (pp. 7 and 12)
Governance of the JPA
The JPA would be governed by a board of directors comprised of one represen-
tative from each Constituent Jurisdiction, each with one vote. (p. 10) A quorum of the
board would be six. . (p. 13) However, in addition to the quorum requirement, certain
major actions of the board (i.e. the enactment of an ordinance, the approval of a final
budget, the initiation of litigation, and the creation or assumption of indebtedness) would
require at least six affirmative votes. (p. 13)
The board could delegate certain of its responsibilities to an executive committee
of the board comprised of five members. The five members would include (a) one rep-
resentative from the County or the City of San Rafael, (b) two representatives from
among the cities of Belvedere, Corte Madera, Larkspur, Mill Valley, Sausalito or Tibu-
ron, (c) one representative from among the cities of Fairfax, Ross or San Anselmo and
(d) one representative from a Constituent Jurisdiction not otherwise represented on the
committee. (p. 12)
Existing Cable TV Franchises
The Constituent Jurisdictions would each assign their existing cable TV fran-
chises to the JPA, but until such existing franchises are renewed (in a single franchise)
or otherwise materially modified, each jurisdiction would continue to receive its existing
franchise fees from the franchisee directly and will be billed annually by the JPA for its
proportional share of the JPA's expenses. (p. 15)
THE BLEIER LAW FIRM
1-0ct-97
Page 1 of 2
EXECUTIVE SUMMARY OF PROPOSED ORDINANCE TO ESTABLISH
MARIN TELECOMMUNICATIONS AGENCY
New Franchises
All new (or materially modified) cable TV franchises and all new franchises for
other forms of telecommunications will be issued in the name of the JPA (p. 4) Net
franchise fees from all such franchises shall be paid to the Constituent Jurisdictions, (a)
as to cable TV franchises, in proportion to the number of subscribers in the various ju-
risdictions, and (b) as to all other telecommunications franchise, in proportion to the
population of the affected jurisdictions. (pp, 15-16)
Withdrawal
Any Constituent Jurisdiction can withdraw from the JPA at any time upon the
giving of not less than 14 months' notice (depending upon the timing of the notice with
respect to the Agency's fiscal year). (p. 18) If the withdrawal occurs prior to the re-
newal (or material amendment) of an existing cable TV franchise assigned at entry,
those franchises will be re-assigned. (p. 18) However, upon withdrawal, any new (or
renewed or materially amended) franchises will remain in the JPA for the balance of
those respective initial terms and the withdrawing entity will have a limited right to con-
tinue to participate in the JPA's decision-making relating to that franchise for the bal-
ance of the initial term. (p. 18)
The Old JPA
The old cable JPA (with its very narrow "rate regulation" focus) will terminate
upon the enactment of the new JPA (p. 20)
THE BLEIER LAW FIRM
1-0ct-97
Page 2 of 2
ORDINANCE NO. ~'"
- /!'.c:;.'
AN ORDINANCE REPEALING CHAPTER 9, ADDING NE~ ..... if~
CHAPTER 9, AND AMENDING CHAPTER 19 OF THE
TIBURON MUNICIPAL CODE, RELATING TO THE
ESTABLISHMENT OF THE MARIN TELECOMMUNICATIONS
AGENCY, DELEGATING AUTHORITY THERETO, AND
ASSIGNING EXISTING CONTRACTS OF TOWN OF TIBURON
WHEREAS, Town of Tiburon is the Franchisor of that certain cable television
franchise presently held jointly by Tele-Vue Systems, Inc., a Washington corporation,
Clear View Cable Systems, Inc., a California corporation, Marin Cable Television, Inc.,
a California corporation, and Cable TV of Marin, Inc., a California corporation, as Fran-
chisee (hereinafter "TCI") which holds similar franchises from other public entities
within the boundaries of the County of Marin; and
WHEREAS, Town of Tiburon is a participant in that certain joint powers agency
known as the "Marin County Cable Rate Regulation Joint Powers Authority", a
California joint powers agency, ("MCCRRJPA") created and existing pursuant to the
provisions of Title 1, Division 7, Chapter 5 of the Government Code (commencing with
Section 6500); and
WHEREAS, with the passage of the Telecommunications Act of 1996 and its on-
going implementation by the Federal Communications Commission, there is an
increasing reduction in distinctions between the various historical providers of
telecommunications services; and
WHEREAS, the management of the local rights of way in terms of the demands
of the various and competing forms of telecommunications demands a regional
approach; and
WHEREAS, Town of Tiburon finds that such a regional approach to the
demands of telecommunications can best be handled within the boundaries of Marin
County by a joint powers agency having a broader mission and authority than that of
MCCRRJPA; and
WHEREAS, accordingly, Town of Tiburon finds it necessary and desirable to
revise and restate its delegation of authority to MCCRRJPA and to terminate
MCCRRJPA to reflect the broader mission and authority of the new joint powers
agency;
NOW THEREFORE THE TOWN COUNCil OF THE TOWN OF TIBURON,
STATE OF CALIFORNIA, DOES HEREBY ORDAIN AS FOllOWS:
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Page 1 of 21
ORDINANCE NO.
SECTION 1. Chapter 9, Sections 9-1 through 9-23 of the Tiburon Municipal
Code are hereby repealed. However, said chapter and sections shall continue to
govern existing community antenna television systems franchises issed by the Town
pursuant to said chapter and sections prior to the effective date of this ordinance.
SECTION 2. Chapter 9, Sections 9.1 through 9.31 are hereby added to the
Town of Tiburon Code to read as follows:
CHAPTER 9
TELECOMMUNICATIONS ORDINANCE
ARTICLE I
GENERAL PROVISIONS
9-1 Purposes. The purposes of this Chapter include, but are not limited to, the
promotion of the general welfare of the citizens of Town of Tiburon and the citizens of
the Marin Community by: .
Establishing a master-plan for the franchising of telecommunications providers within
the Marin Community;
Establishing a regulatory framework for the administration of franchises in order to
insure that the potential recreational, educational, social, economic, commercial and
other advantages of telecommunications will in fact inure to the benefit of the Marin
Community and the citizens thereof;
Recognizing the right of local jurisdictions to manage, maintain and control the public
rights-of-way with their jurisdictions;
Implementing the provisions of the Telecommunications Act of 1996; and
Regulating the operations of Franchisees for the purpose of protecting and promoting
the public health, peace, safety and welfare.
The provisions of this Section shall not be deemed to confer any right upon a
Franchisee which is not otherwise conferred by another express provision of this
Chapter.
9-2 Definitions. As used in this Chapter the following terms, phrases, and words shall
be ascribed the following meanings, unless the context indicate otherwise. The word
"shall" is mandatory, and the word "may" is permissive. Words not defined herein shall
be given their common and ordinary meanings, consistent with the context in which
Rev. 01/14/98
Page 2 of 21
ORDINANCE NO.
such words are used and the purposes of this Chapter.
"Agency" shall mean the MARIN TELECOMMUNICATIONS AGENCY as established
herein.
"Cable Television Services" shall mean "cable service" as that term is defined in
Section 602(6) of the Communications Act of 1934 As Amended [47 U.S.C. 522(6)].
"Cable Television System" shall mean a "cable system" as that term is defined in
Section 602(7) of the Communications Act of 1934 As Amended [47 U.S.C. 522(7)].
"Constituent Jurisdictions" shall mean the County of Marin and each of the
Municipalities of Belvedere, Corte Madera, Fairfax, Larkspur, Mill Valley, Novato,
Ross, San Anselmo, Sausalito, San Rafael, and Town of Tiburon which enacts this
Chapter.
"County" shall mean the County of Marin.
"Encroachment Permit" shall mean a permit issued to a Franchisee by one or more of
the County or the Municipalities.
"FCC" shall mean the Federal Communications Commission and any legally appointed,
designated or elected agent or successor thereof.
"Franchise" shall mean and include any franchise, license, permit or other form of
authorization, issued pursuant to the provisions of this Chapter or its predecessor
provisions by which Telecommunications Facilities are authorized to be placed
within or to occupy Streets.
"Franchise Documents" shall, with respect to a Franchise issued by the Agency
pursuant to the delegation of the provisions of this Chapter, mean the provisions of
this Chapter, the map defining any Service Area for the Franchise as may be
adopted by ordinance or resolution, the provisions of any request for proposals
issued in connection with that Franchise, the provisions of the application for the
Franchise submitted by the Franchisee (if accepted by the Agency), the provisions
of any ordinance or resoluUon offering the Franchise, and the provisions of any
certificate of acceptance by the Franchisee of the Franchise.
"Franchisee" shall mean the party to whom a Franchise to place Telecommunications
Facilities within the Streets is issued by the Agency pursuant to the delegation of
the provisions of this Chapter and its successors and assigns.
"Governing Body" shall mean, with respect to the County, the Board of Supervisors,
with respect to a City within the Marin Community, the City Council, and with respect
Rev. 01/14/98
Page 3 of 2t
ORDINANCE NO.
to a Town within the Marin Community, the Town Council.
"Marin Community" shall mean the entire geographical territory of the constituent
Jurisdictions.
"Municipalities" shall mean each of the municipalities of Belvedere, Corte Madera,
Fairfax, Larkspur, Mill Valley, Novato, Ross, San Anselmo, Sausalito, San Rafael,
and Town of Tiburon which enacts this Chapter. .
"Ross Valley Jurisdiction" shall mean the municipalities of Fairfax, Ross or San
Anselmo.
"South Marin Jurisdiction" shall mean the municipalities of Belvedere, Corte Madera,
Larkspur, Mill Valley, Sausalito or Town of Tiburon.
"Streets" shall mean the surface of and the space above and below any street, road,
highway, freeway, thoroughfare, parkway, sidewalk, bridge, court, lane, path" alley,
way, drive, circle, utility right-of-way or any other easement which now or hereafter
exists for the provision of public or quasi-public services (including recreational
usages) to residential or other properties, and on which the Constituent
Jurisdictions are expressly or impliedly authorized or empowered to permit use for
the installation and operation of Telecommunications Facilities.
"Subscriber" shall mean a lawful recipient of Cable Television Services from a Cable
Television System.
"Telecommunications Facilities" shall mean any system of antennae, cables, wires,
lines, towers, waveguides, or other conductors, converters, amplifiers, headend
equipment, master controls, earth stations, equipment and facilities designed and
constructed for the purpose of producing, receiving, transmitting, amplifying and
distributing audio, video and other forms of electronic or electrical signals within the
Constituent Jurisdictions, some part or portion of which occupies the Streets as
defined herein and includes, but is not limited to, Telecommunications Facilities,
communications satellite systems and related terminal equipment, and other modes
of transmitting, emitting, or receiving images and sounds or intelligence by means of
wire, radio, optical, electromagnetic or other means.
"User" shall mean a lawful recipient of service which utilizes in whole or in part
Telecommunications Facilities located in whole or in part in Streets.
9-3 Franchise Required. Except (1) as otherwise provided by this Chapter or (2) as
otherwise expressly provided and authorized by the State of California or (3) as
otherwise expressly provided and authorized by the United States, Streets within the
Marin Community shall not be occupied by or used for Telecommunications Facilities
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Page 4 of 2t
ORDINANCE NO.
except under a Franchise issued by the Agency pursuant to the provisions of this
Chapter. Moreover, the Agency shall be the recipient of all "in lieu" fees paid by any
operator of an "open video system" as that term is used in Section 653 of the
Communications Act of 1934 As Amended (47 U.S.C. 573). It is the intent of this
provision to give the broadest possible application to the requirement of a Franchise to
be issued by the Agency as is permissible under applicable State and federal law.
9-4 General Characteristics of Franchise. Any Franchise issued by the Agency
pursuant to the provisions of this Chapter, shall be deemed to:
Authorize utilization of the Streets for the public or quasi-public purpose of installing
Telecommunications Facilities;
Be nonexclusive, and neither expressly nor impliedly be deemed to preclude the
issuance of subsequent and additional franchises to place Telecommunications
Facilities within the Streets within the Marin Community;
Be for a term prescribed by the Agency as issuing authority (including any optional
renewal term or optional extension) which shall not extend beyond December 31,
2027; and
Include provisions for the payment of the maximum lawful level of franchise fees and, in
the case of "open video systems" as defined in Section 653 of the Communications
Act of 1934 As Amended (47 U.S.C. 573), the maximum lawful level of "in lieu" fees
pursuant to Section 653(c)(2)(B)).
Such a Franchise shall not be deemed to authorize or either expressly or
impliedly permit the Franchisee, except with the consent of the owners, to provide or
install Jelecommunications Facilities upon private property, including, but not limited to
apartment complexes, condominiums, mobile home parks and residential subdivision
developments with private roads, provided that this paragraph shall not be construed to
prohibit a Franchisee from entering upon or utilizing private property as an incident to
its use of the Streets to the extent entry or use is expressly or impliedly authorized by
the right conferred by a Franchise issued by the Agency to occupy the Streets.
Such a Franchise shall not be deemed to either expressly or impliedly restrain,
restrict or delimit the authority of the Constituent Jurisdictions to exercise their police
power authority over cellular telephone antenna and transmitter siting.
Any Franchise for the provision of Cable Television Services by Cable
Television Systems shall require the Cable Television System to report the number of
Subscribers served thereby on a regular and periodic basis.
9-5 Franchise as Contract. A Franchise issued by the Agency pursuant to the
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Page 5 of 21
ORDINANCE NO.
provIsions of this Chapter shall be deemed to constitute a contract between the
Franchisee and the Agency. Each Franchisee shall be deemed to have contractually
committed itself to comply with the terms, conditions and provisions of the Franchise
Documents, and with all rules, orders, regulations, and determinations applicable to the
Franchise which are issued, promulgated or made pursuant to the provisions of this
Chapter. The regulatory authority conferred by the provisions of this Chapter, including
the power to issue regulations and to amend the provisions of this Chapter as reserved
under Section 9-27 below, shall constitute a reserved authority to the Agency under
any Franchise issued by the Agency. No Franchisee under any Franchise issued by
the Agency shall have any right to restrain, restrict or delimit the right or power of the
Constituent Jurisdictions to amend the provisions of this Chapter.
9-6 Franchise Areas. The Franchise Area for any Franchise issued by the Agency
under the provisions of this Chapter shall be defined by the Board of Directors of the
Agency. No Franchisee shall be authorized by the provisions of this Chapter to
construct, install or operate Telecommunications Facilities within the Streets of the
Marin Community outside its designated Franchise Area.
9-7 Utility Poles and Structures. No Franchise issued by the Agency pursuant-to the
provisions of this Chapter shall be deemed to expressly or impliedly authorize the
Franchisee to utilize poles or structures owned by any public or private utility which are
or hereafter located within Streets, without the express consent of the utility.
9-8 Authority. With respect to the County and Municipalities enacting this Chapter, it
is declared that this Chapter is enacted pursuant to the authority conferred by their
charters, as applicable,' and pursuant to the police powers conferred by Article X,
Section 7 of the California Constitution for the promotion and protection of the peace,
health, safety and general welfare of the citizens within their respective Constituent
Jurisdictions.
9-9 Future Incorporationsl Withdrawals. It is hereby declared that the unified
process for the administration of Franchises issued pursuant to the provisions of this
Chapter is necessary for protection and promotion of the convenience and welfare of all
of the citizens of the Marin Community, and that fragmentation in administralion or right
to administer such franchises resulting from the future incorporation of municipalities
within the unincorporated area of the County or from the unilateral withdrawal of
Constituent Jurisdictions from membership in the Agency would be detrimental to the
convenience and welfare and the purposes of this Chapter.
Therefore, the incorporation of any municipality within the unincorporated area
of the County or the withdrawal of any Constituent Jurisdictions from membership in the
Agency (not resulting in the termination of the Agency) during the initial term of any
Franchise issued pursuant to the provisions of this Chapter shall not operate to either
divest the Franchisee of its authority to install or provide services through its
Rev. 01/14/98
Page 6 0121
ORDINANCE NO.
Telecommunications Facilities within the newly incorporated or withdrawing area or
vest the newly-created municipality or the withdrawing Constituent Jurisdiction with any
administrative or other authority whatsoever respecting operations by the Franchisee
under the Franchise. During such initial term, the Agency shall continue to administer
the provisions of this Chapter for the benefit of the inhabitants of a newly incorporated
or withdrawing area in the same manner as if the area had not been incorporated or if
the Constituent Jurisdiction had not withdrawn except that the Net Franchise Fees
allocable to the newly incorporated area shall be paid to the newly incorporated
jurisdiction rather than to the Constituent Jurisdictions from which it was formed.
Notwithstanding the foregoing, a duly appointed member of the governing body of a
withdrawing jurisdiction may continue to participate and vote in actions coming before
the Agency after withdrawal which pertain solely and exclusively to a Franchise in
which a Franchisee has installed and is providing services through at least a portion of
its Telecommunications Facilities, which are located within the jurisdiction of the
withdrawing jurisdiction (such a Franchise hereinafter an "Affecting Franchise"),
provided that nothing in this sentence shall authorize the member appointed by the
withdrawing jurisdiction to participate or vote in any matters pertaining to or having an
effect upon more than a single Affecting Franchise. In the event that a Constituent
Jurisdiction should withdraw and that withdrawal should become effective before a
cable television franchise assigned to the Agency as a part of its initial entry shall have
been renewed, extended or otherwise materially amended, the Agency shall reassign
said franchise and the Franchise Fees derived therefrom shall continue to be paid to
the Constituent Jurisdiction which was the franchisor prior to the Effective Date.
Upon expiration of the initial term of a Franchise, the provisions of this Chapler
shall cease to be applicable to that portion of the Telecommunicalions Facilities and
the operations by the Franchisee thereof within the municipal limits of any municipality
which is incorporated subsequent to the commencement of the initial term or within the
territorial limits of any Constituent Jurisdiction which has unilaterally withdrawn from
membership in the Agency. The Marin Community shall not be deemed to include any
area within the limits of a municipalily incorporated after the date this Chapter becomes
effective and prior to the filing of the certificate of acceptance of any Franchise.
9-10 Annexations. The annexation by a municipality which has eilher not enacted this
Chapter or is not a member of the Agency of unincorporated area of the County during
the initial term of any franchise issued pursuant to the provisions of this Chapter shall
not operale to either divest the Franchisee of its authority to install or provide services
through its Telecommunications Facilities within the annexed area or vest the
municipality with any administrative or other authority whatsoever respecting operalions
by the Franchisee under the franchise. During the initial term, the Agency shall
continue to administer the provisions of this Chapter for the benefit of the inhabitants of
the annexed area in the same manner as if Ihe area had not been annexed.
Upon expiration of the initial term of a franchise, the provisions of this Chapter
Rev.01/t4/9S
Page 7 of 21
ORDINANCE NO.
shall cease to be applicable to that portion of the Telecommunications Facilities and
the operations by the Franchisee thereof within any area which has been annexed by
such a municipality. The Marin Community shall not be deemed to include any area
annexed by such a municipality subsequent to the date this Chapter becomes effective
and prior to the filing of the certificate of any franchise.
9-11 Ordinances - Police Power. All zoning and other land use ordinances, building,
electrical, plumbing and mechanical codes, business license ordinances and all other
ordinances of general application now in existence or hereafter enacted by the
Governing Bodies of the Constituent Jurisdictions (hereinafter "Ordinances") shall be
fully applicable to the exercise of any Franchise issued by the Agency pursuant to the
provisions of this Chapter, and the Franchisee shall comply therewith. In the event of a
conflict between the provisions of this Chapter or a Franchise issued by the Agency
pursuant hereto and those of any specific provision of the Ordinances of a Constituent
Jurisdiction, the specific provisions of such Ordinances shall prevail.
9-12 Operability - Amendments. The provisions of this Chapter shall not become
effective or operable unless said provisions are enacted in substantially identical form
by (a) the County of Marin, (b) the City of San Rafael, and (c) at least six (6) of the
remaining Constituent Jurisdictions and become fully effective therein on or before July
1, 1998. If the provisions of this Chapter are enacted in substantially identical form by
(a) the County of Marin, (b) the City of San Rafael, and (c) at least six (6) of the
remaining Constituent Jurisdictions and become fully effective therein on or before July
1, 1998, the provisions of this Chapter shall become effective and the Agency shall
come into existence on July 1, 1998 (hereinafter "the Effective Date"). As to those
Constituent Jurisdictions which enact the provisions of this Chapter after the Effective
Date hereof, the provisions of this Chapter shall become applicable within the
geographic boundaries of each of the Constituent Jurisdictions upon the enactment of
the G9verning Body of each such Constituent Jurisdiction of the provisions of this
Chapter in substantially identical form.
From and after the Effective Date, no addition to, deletion from, alteration of the
provisions of, repeal or other amendment of this Chapter shall become effective unless
each amendment or repeal is enacted by the Governing Body of a majority of the
Constituent Jurisdictions who are then members of the Agency. After enactment of the
provisions of this Chapter by a Governing Body of a Constituent Jurisdiction, no
addition to, deletion from, alteration of the provisions of, repeal or other amendment of
this Chapter enacted by the Governing Bodies of the other Constituent Jurisdictions
shall become effective within the boundaries of any of said Constituent Jurisdictions
unless and until such amendment is enacted by the Governing Body of the particular
Constituent Jurisdiction.
9-13 Right to Amend. Except as hereinafter provided, in the absence of an
emergency, and without the consent of the Franchisee, the provisions of this Chapter
Rev. 01/14/98 Page 8 0121
ORDINANCE NO.
shall not be altered or repealed as applied to a Franchise issued by the Agency for
which a certificate of acceptance has been filed in compliance with the provisions of
thereof and in advance of the effective date of the alteration or repeal.
9-14 Franchisor. Any Franchise issued by the Agency pursuant to the provisions of
this Chapter shall be in the name of the Agency as the franchisor. Any Franchise
issued by any of the Constituent Jurisdictions prior to the Effective Date hereof shall be
deemed to merge into and devolve upon the Agency as of the Effective Date hereof
pursuant to the provisions of Section 9-26 of this Chapter and shall thereafter be
deemed to be in the name of the Agency as franchisor, provided that the cable
television franchise issued by Novato to Chambers Cable of Southern Cal., Inc., an
Oregon corporation, shall not be deemed to merge into and devolve upon the Agency
except upon (1) the option of Novato or (2) the date upon which it comes under
substantially common ownership with the TCI Franchises issued by the other
Constituent Jurisdictions and provided further that until such time as that Franchise
shall have been renewed, extended or otherwise materially amended, the Agency shall
direct the Franchisee to pay all franchise fees due thereunder directly to the
Constituent Jurisdiction.
9-15 Communications with Regulatory Agencies. Copies of all petitions,
applications, communications and reports submitted by a Franchisee to the FCC,
Securities and Exchange Commission, Public Utilities Commission or any other Federal
or State regulatory commission or agency having jurisdiction in respect to any matters
affecting construction or operation of Telecommunications Facilities within the Marin
Community, also shall be filed simultaneously with the Clerk of the Board of Directors
of the Agency. Copies of responses or any other communications from the regulatory
agencies to a Franchisee relating to such matters shall likewise be filed immediately on
receipt with said Clerk.
9-16 Right of Intervention. The Agency shall have the right of intervention in any suit
or proceedings touching upon Telecommunications Facilities within the Marin
Community to any degree whatsoever and to which a Franchisee is a party, and the
Franchisee shall not oppose such intervention by the Agency.
9-17 Limitation of Actions. Except as otherwise expressly provided by this Chapter,
any judicial proceeding, whether for the recovery of damages or otherwise, brought for
the purpose of adjudicating the validity of any provision of this Chapter or amendments
thereof shall be commenced not later than thirty (30) calendar days following the
Effective Date hereof. Any such judicial proceeding brought for the purpose of
adjudicating the validity of any ordinance, resolution, rule, order, regulation,
determination or arbitration award of the Agency which purports to have been made
pursuant to the delegation of the provisions of this Chapter or pursuant to the
provisions of any of the other Franchise Documents shall be commenced not later than
thirty (30) calendar days following date of enactment, adoption, issuance or making of
Rev. 01/14/98
Page 9 0121
ORDINANCE NO.
such ordinance, resolution, rule, regulation, determination or arbitration award. No
judicial proceeding shall be commenced in violation of the limitations prescribed by this
Section.
The provisions of this Section shall not be applicable to any judicial proceeding,
whether for the recovery of damages or otherwise, commenced by the Agency, County
or Municipalities for breach or enforcement of the provisions of this Chapter or any
regulation, determination or arbitration award purporting to have been issued
thereunder.
9-18 Changes in Law. Should the State of California or any agency thereof, the
United States or any Federal agency or any State or Federal Court require either the
Agency, County, Municipalities or a Franchisee to act in a manner which is inconsistent
with any provisions of the Franchise Documents relating to any Franchise or withdraw
or otherwise impair the authority of the Agency to act in respect to the provisions of the
Franchise Documents relating to any Franchise, the Board of Directors of the Agency
shall be authorized to determine whether a material provision of the Franchise
Documents is affected in relation to the rights and benefits conferred by the Franchise
Documents upon the Agency, County, Municipalities or the public. Upon such
determination, the Franchise Documents shall be subject to modification or amendment
to such extent as may be reasonably necessary to carry out the full intent and purposes
thereof in relation to the rights and benefits of the Agency, County, Municipalities or the
public and in relation to such State, Federal or judicial requirement. The Board of
Directors of the Agency may terminate a Franchise issued pursuant to the provisions of
this Chapter if it determines after consultation with the Franchisee that substantial and
material compliance with the Franchise Documents in relation to the rights or benefits
of the Agency, County, Municipalities or the public has been frustrated by such a State,
Federal of judicial requirement.
ARTICLE II
AGENCY
9-20 Establishment of Agency. Pursuant to the provisions of Title 1, Division 7,
Chapter 5 of the Government Code, (commencing with Section 6500), there shall be
established a separate and distinct public agency to be known as the MARIN
TELECOMMUNICATIONS AGENCY (herein referred to as the "Agency").
9-21 Membership. The Agency shall be formed by and consist of, as members, the
Constituent Jurisdictions to the extent that such Constituent Jurisdictions shall have
enacted the provisions hereof in identical form.
9-22 Board of Directors. All of the powers and authority of the Agency shall be vested
in a Board of Directors which consists of up to twelve (12) members, one (1) each
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Page 10 0121
ORDINANCE NO.
appointed by the Governing Body of each of the Constituent Jurisdictions in the Marin
Community which shall have adopted the provisions hereof in identical form. The
members so appointed must be a member of the Governing Body of that Constituent
Jurisdiction at all times during his or her service as a member of the Board of Directors
of the Agency. The terms of the appointment of each member shall be as established
by the governing Body of that Constituent Jurisdiction.
Each Constituent Jurisdiction shall be authorized to appoint an alternate
representative to attend meetings of the Board in the absence of the member, and,
during such meetings, vote and exercise all other powers of the member. Such an
appointment shall be effective when the Constituent Jurisdiction files with the Clerk of
the Board of Directors a written notice which identifies by name and residential address
the alternate representative who has been appointed. Such alternate representatives
shall serve at the pleasure of the Constituent Jurisdictions who appoint them, and such
appointments may be revoked by the filing of a written notice of revocation with the
Clerk of the Board of Directors and reciting revocation of the appointment of a
designated alternate representative.
9-23 Resignation of Members of Board of Directors. Any member of the Board of
Directors may resign by giving written notice filed with the Clerk of the Board of
Directors. The successor to the resigning member shall be selected by and shall serve
at the pleasure of the Governing Body of the Constituent Jurisdiction which appointed
the resigning member.
9-24 Existence. The Agency shall not come into existence unless the provisions of this
Chapter are enacted by the number and composition of the Constituent Jurisdictions
specified in Section 9-12 above and become fully effective therein on or before July 1,
1998. If the provisions of this Chapter are enacted in substantially identical form by the
number and composition of the Constituent Jurisdictions specified in Section 9-12
above and become fully effective therein on or before July 1, 1998, the Agency shall
come into existence on July 1, 1998.
9-25 Purposes. The purposes of the Agency shall be as follows:
To implement by ordinance, resolution, rule, order, regulation, and determination, the
purposes of this Chapter as set forth in Section 9-1;
To administer pursuant to the terms and conditions of the Franchise Documents, any
Franchise issued by the County or Municipalities prior to the establishment of the
Agency as successor franchisor and irrevocable agent-in-fact for the Constituent
Jurisdiction which initially granted the Franchise;
To administer pursuant to the terms and conditions of the Franchise Documents, any
Franchise issued by the Agency pursuant to the provisions of this Chapter;
Rev. 01/14/98
Page11 0121
ORDINANCE NO.
To exercise any and all powers of the Constituent Jurisdictions which any of them could
have exercised independently in relation to Telecommunications Facilities;
To exercise any and all powers now or hereafter granted to joint powers agencies by
the general law of California, including without limitation those specified in Title 1,
Division 7, Chapter 5 of the Government Code, (commencing with Section 6500);
and
To exercise any and all other powers conferred by any Franchise Documents.
9-26 Assignment and Merger of Existing Franchises. The Constituent Jurisdictions
do, by the enactment hereof, merge, delegate, transfer, assign and grant, to the fullest
extent allowed by law, all rights, benefits, duties and obligations as franchisor in any
Franchise which was granted by the respective Constituent Jurisdiction prior to the
Effective Date hereof, including by way of example and not by way of limitation the
Franchise for cable television issued by Town of Tiburon on or about March 1, 1984
and presently held by TCI as Franchisee, provided that any such merger, delegation,
transfer, assignment and grant shall not affect to any degree whatever the duties and
obligations of the Franchisee thereunder and provided further that until such time as
that Franchise shall have been renewed, extended or otherwise materially amended,
the Agency shall direct the Franchisee to pay all franchise fees due thereunder directly
to the Constituent Jurisdiction. In the event that any such merger, delegation, transfer,
assignment and grant would be deemed to affect the duties and obligations of the
Franchisee, then in lieu of such specific merger, delegation, transfer, assignment and
grant, the Constituent Jurisdiction shall be deemed, by the enactment hereof, to have
irrevocably appointed the Agency as its exclusive agent and attorney-in-fact with
respect to the rights, benefits, duties and obligations of that Constituent Jurisdiction as
franchisor.
9-27 Delegation of Powers - Constituent Jurisdictions. The Constituent
Jurisdictions do, by the enactment hereof, authorize, delegate and grant the Agency, to
the fullest extent allowed by law any power common to the Constituent Jurisdictions,
including without limitation, the power to enact ordinances, the power to adopt
resolutions, the power to promulgate rules and regulations, even though such common
power may not be exercisable by each such contracting party in the geographical area
in which such power is to be jointly exercised, provided that nothing in the foregoing is
intended to delegate to the Agency the powers of the Constituent Jurisdictions to
regulate the siting of cellular telephone antennas and transmitters.
In exercising the power to enact ordinances, the Agency is jointly exercising a
power common to all of the Constituent Jurisdictions and is administratively
implementing a legislative determination of the Constituent Jurisdictions that the
management of the local rights of way in terms of the demands of the various and
Rev. 01/14/98
Page 12 0121
ORDINANCE NO.
competing forms of telecommunications demands a regional approach.
9-28 Delegation of Powers - Agency. The Board of Directors of the Agency shall be
authorized to form and appoint advisory and other committees of citizens, officials or
representatives of concerned interests, and delegate to each committee such powers
and authority vested in it by the terms of this Chapter as it deems appropriate; provided
that the Board of Directors shall reserve the right and authority by means of appeal or
otherwise, to make the final decision upon any matter relating to issuance or
termination of a Franchise issued pursuant to the provisions of this Chapter or the
administration thereof upon which a discretionary determination is authorized or
required.
Nothing in the foregoing shall be deemed to prevent the Board of Directors from
delegating powers to an administrative committee of the Board for the purposes of
program development, policy formulation and program implementation (and such other
and further purposes as may be allowed by law) pursuant to the provisions of
government Code section 6508. In such an instance, the committee shall be composed
of five (5) members of the Board as follows: (a) one (1) member representing the
County of Marin or the City of San Rafael, (b) two (2) members representing 'South
Marin Jurisdictions, (c) one (1) member representing a Ross Valley Jurisdiction and (d)
one (1) member representing any Constituent Jurisdiction not otherwise represented on
the committee.
9-29 Agreement of Formation. The Agency shall be deemed to be created upon
execution by each member thereof of an Agreement of Formation. Enactment of this
Chapter constitutes approval by the Governing Bodies of the Constituent Jurisdictions
of the terms of the Agreement of Formation.
The Chairperson of the Governing Body of the County and the Mayors of the
Municipalities, which shall have adopted this Chapter shall execute the following
Agreement of Formation on or before the Effective Date.
AGREEMENT OF FORMATION
MARIN TELECOMMUNICATIONS AGENCY
THIS AGREEMENT is made and entered into pursuant to the provIsions of
Section 6500 et seq. Of the Government Code of the State of California by and
between the County of Marin (herein referred to as "County") and the Cities of
Belvedere, Larkspur, Mill Valley, Novato, Sausalito and San Rafael, and the Towns of
Corte Madera, Fairfax, Ross, San Anselmo and Town of Tiburon, (the foregoing Cities
and Towns are herein collectively referred to as "Municipalities" and the Constituent
Jurisdictions are sometimes herein collectively referred to as the "Constituent
Jurisdictions") who do hereby mutually agree as follows:
Rev. 01/14/98
Page 13 0121
ORDINANCE NO.
1. Establishment. There is hereby created an organization known and denominated as
the MARIN TELECOMMUNICATIONS AGENCY, which shall be a public entity,
separate and apart from the Constituent Jurisdictions. The Marin Telecommunications
Agency (hereinafter referred to as "Agency") shall be governed by the terms of this
Agreement, the terms of an ordinance enacted by each Jurisdictivn which enters into
this Agreement which is entitled "Telecommunications Ordinance", and is hereinafter
referred to as the "Ordinance", and by such rules as are duly passed and adopted by
the Board of Directors of the Agency.
Notwithstanding the provisions of the introductory paragraph of this Agreement,
it is specifically contemplated that some of the Municipalities may not execute this
Agreement and participate in the formation of and become members of the Agency.
Therefore, the Agency shall be formed by, as members, the Constituent Jurisdictions,
provided that all of such Constituent Jurisdictions do so.
2. Board of Directors. The Agency shall be governed by and the powers of the Agency
vested in a Board of Directors, subject to its delegatory powers as set out in section 9-
28 of the Ordinance. The number of members of the Board of Directors, composition
thereof, and tenure of Directors shall be prescribed by section 9-22 of the Ordinance.
Meetings of the Board of Directors and of such advisory or other committees as the
Board may appoint, shall be governed by the provisions of the Ralph N. Brown
Act (Government Code Section 54950 et seq.). The Board of Directors shall
establish a time and a place for its regular meetings, which shall be held not less
frequently than every six (6) months.
A meeting composed of at least six (6) members of the Board shall constitute a
quorum for the purpose of transacting business, and a majority of the quorum
.shall be necessary to approve any action of the Board provided that
notwithstanding the foregoing the following actions shall require the approval of
not less than six (6) members of the Board in recorded vote: (1) the enactment of
an ordinance, (2) the approval of a final budget, (3) the initiation of litigation (not
including the authorization of defense brought against the Agency and the
initiation of a cross-complaint), and (4) the creation or assumption of
indebtedness.
No action taken by the Board of Directors shall be effective except by duly adopted
motion receiving the votes of a majority of the Directors of the Board then
present.
The Board of Directors shall annually elect its Chairperson.
The Clerk of the Board of Supervisors of the County shall serve as Secretary to the
Board of Directors, unless the Board by resolution shall designate the Clerk of
Rev. 01/14/98
Page 14 0121
ORDINANCE NO.
another Constituent Jurisdiction to so serve, shall be responsible for recordation
of the official actions by the Board, and shall be the official custodian of all
records of the Board of Directors.
3. Powers. The Board of Directors of the Agency shall be vested with the following
powers:
To employ in the name of the Agency such staff as the Board of Directors deems
appropriate. Such staff shall be appointed by and serve at the pleasure of the
Board of Directors.
To make and enter into contracts in the name of the Agency as authorized by or in
order to carry out the objects or purposes of this Agreement or the Ordinance,
including, but not limited to, contracts with any Constituent Jurisdiction providing
for provision by personnel of that Constituent Jurisdiction of services for the
Agency and reimbursement of that Constituent Jurisdiction by the Agency of the
costs thereof;
To acquire in the name of the Agency, take title to, hold and dispose of real and
personal property;
To incur in the name of the Agency debts, liabilities and obligations, which shall not
constitute debts, obligations or liabilities of any of the member agencies;
To accept in the name of the Agency grants, gifts and donations in the public
interest to carry out the purposes and functions of the Agency; and
To 'exercise such other powers as are expressly conferred by the provisions of this
Agreement or the Ordinance.
The Board of Directors shall also be authorized to sue in the name of the
Agency. The Agency shall be subject to suit in its name.
4. Limitations. Pursuant to the provisions of Government Code Section 6509, the
powers of the Agency are subject to the restrictions upon the manner of exercising such
powers of one (1) of the designated member agencies. For such purposes, the County
of Marin is hereby designated.
5. Budqet. Prior to July 1 st of each fiscal year, the Board of Directors shall adopt a
final budget.
Rev. 01/14/98
Page 15 0121
ORDINANCE NO.
6. Payments.
(a) Existino Franchises. As to Franchises in existence prior to the Effective Date of the
Ordinance which have been devolved upon the Agency pursuant to Sections 9-14 and
9-26 above, and which have not theretofore been renewed, extended or otherwise
materially amended, the Franchise Fees derived therefrom shall, notwithstanding the
assignment to the Agency, be paid to the Constituent Jurisdiction which was the
franchisor prior to the Effective Date and the Constituent Jurisdiction shall thereupon
be billed by the Agency for that Constituent Jurisdiction's allocable share of the
Agency's budget for the applicable period. The Agency's budget shall be allocated
among the Constituent Jurisdictions who are members of the Agency in the same
proportion as the ratios which the total number of Subscribers in each of the
Constituent Jurisdictions bear to the total number of Subscribers in the Constituent
Jurisdictions which are then members of the Agency, as disclosed by reports as to
numbers of Subscribers filed by said Cable Television Systems with the Agency. Such
amounts billed to the Constituent Jurisdiction shall be due and payable within thirty (30)
days of the billing date and shall be an enforceable contractual obligation of the
Constituent Jurisdiction to the Agency.
(b) Aoencv Cable Franchises. As to Franchises for the provision of Cable Television
Services by Cable Television Systems which were granted by the Agency or renewed,
extended or otherwise materially amended by the Agency, the Net Franchise Fees (the
total franchise fees received by the Agency less the Agency's budget for the applicable
period and reasonable reserves) shall be paid to each of the Constituent Jurisdictions
who are members of the Agency in the same proportion as the ratios which the total
number of Subscribers iri each of the Constituent Jurisdictions bear to the total number
of Subscribers in the Constituent Jurisdictions who are members of the Agency, as
disclosed by reports as to numbers of Subscribers filed by said Cable Television
Systems with the Agency.
(c) Aoencv Non-Cable Franchises (All Constituent Jurisdictions) As to Franchises
which were granted by the Agency or renewed, extended or otherwise materially
amended by the Agency, the Net Franchise Fees (the total franchise fees received by
the Agency less the Agency's budget for the applicable period and reasonable
reserves) shall be paid to the Constituent Jurisdictions who are members of the Agency
in the same proportion as the ratios which the population of the unincorporated area of
the County and incorporated area of the Municipalities bear to the total population of
the Constituent Jurisdictions who are members of the Agency, as disclosed by the
Federal Decennial Census for 1990 for the period ending June 30, 2001, the Federal
Decennial Census for 2000 during the period commencing July 1, 2001 and ending
June 30, 2011, the Federal Decennial Census for 2010 during the period commencing
July 1, 2011 and ending June 30, 2021, the Federal Decennial Census for 2020 during
any period after July 1, 2021.
Rev. 01/14/98
Page 16 0121
ORDINANCE NO.
(d) Aoency Non-Cable Franchises (Less than All Constituent Jurisdictions) As to
Franchises which were granted by the Agency and which substantially and directly
affect less than all of the Constituent Jurisdictions, the Net Franchise Fees (the total
franchise fees received by the Agency less the Agency's budget for the applicable
period and reasonable reserves) shall be paid to the affected Constituent Jurisdictions
who are members of the Agency in the same proportion as the ratios which the
population of each affected Constituent Jurisdiction bears to the total population of the
affected Constituent Jurisdictions who are members of the Agency, as disclosed by the
Federal Decennial Census for 1990 for the period ending June 30, 2001, the Federal
Decennial Census for 2000 during the period commencing July 1, 2001 and ending
June 30, 2011, the Federal Decennial Census for 2010 during the period commencing
July 1, 2011 and ending June 30, 2021, the Federal Decennial Census for 2020 during
any period after July 1, 2021.
(e) Allocation of Aoencv Budoet. For purposes of the foregoing calculations, the
Agency's budget for the applicable period and reasonable reserves shall be allocated
as between various types of Franchises in the relative proportions of the Franchise
Fees derived therefrom.
Each distribution shall be accompanied by a statement by the Auditor of the
Agency stating the amounts of all Franchise Fees received by the Agency for the
distribution period, the dates of receipt, the amount of revenue required to finance the
Agency Budget, and the population and/or subscriber ratios upon which apportionment
of the distribution is being made.
7. Treasurer. The Treasurer of the County shall be the depository of funds of the
Agency, and said Treasurer shall be the ex officio Treasurer of the Agency, unless the
Board of Directors shall act by resolution to appoint the Treasurer of another
Constituent Jurisdiction or, to the extent provided by law, a certified public accountant,
to that position.
The Treasurer shall receive and have custody of and disburse Agency funds on
the warrant of the Auditor and shall make disbursements authorized by this Agreement.
The Treasurer shall invest Agency funds in accordance with the general law. All
interest collected on Agency funds shall be accounted for and posted to the account of
said funds.
The County (or other Constituent Jurisdiction as applicable) may determine
reasonable charges to be made against the Agency for the services of the Treasurer,
and the Agency shall include such costs in its annual budget.
8. Auditinq. The Auditor of the County shall be the ex officio Auditor of the Agency,
and shall draw warrants against the funds of the Agency when the demands are
approved by the Executive Director or other designee of the Board, unless the Board of
Rev. 01/14/98
Page 17 0121
ORDINANCE NO.
Directors shall act by resolution to appoint some other person, as allowed by law, to
that position. At the close of each fiscal year, as provided in Government Code Section
6505, the Auditor shall make an audit. In the alternative, the Board of Directors may
contract with a certified public accountant to make an audit of the accounts and reports
of the Agency.
The Auditor shall establish and maintain such funds and accounts as are
deemed necessary to account for and report on receipts and disbursements. The
Agency shall keep such additional records and accounts which are deemed necessary
to account for and report on sources of funds, expenditures, grants and programs as
may be required by good accounting practices. The books and records of the Agency
shall be open to inspection at all reasonable times by representatives of the member
agencies.
The County (or other Constituent Jurisdiction as applicable) may determine
reasonable charges to be made against the Agency for the services of the Auditor, and
the Agency shall include such costs in its annual budget.
9. Term. Except as otherwise provided herein, this Agreement shall terminate and the
Agency shall be deemed dissolved on December 31,2027.
In the event that, at any time, the Board of Directors reasonably determines that
it will no longer receive Franchise Fees under any Franchise then existing or
reasonably expected to provide sufficient revenues to pay its costs of administration
and yet make the required payments to the Constituent Jurisdictions, this Agreement
shall be deemed terminated and the Agency shall be deemed dissolved on the date of
that determination.
10. Disposition of Assets. Upon dissolution of the Agency, its assets shall be
distributed to member agencies in the same proportion as distributions to member
agencies have most recently been made pursuant to the provisions of Paragraph 6,
above. Any real property owned by the Agency shall, in advance of dissolution, be
conveyed by the Board of Directors to member agencies as tenants in common with
proportional interests equal to the proportion of distributions most recently made
pursuant to the provisions of said Paragraph 6.
11. Debts. The debts, liabilities and obligations of the Agency shall not constitute any
debts, liabilities or obligations either jointly or severally of the County or the
Municipalities.
12. Amendment. This Agreement may be amended by written contract approved by
and executed in behalf of the Governing Bodies of each member agency. No
Franchisee shall be deemed to either expressly or impliedly be a party to this
Agreement, a third party beneficiary thereof, or to have any interest which precludes
Rev. 01/14/98
Page 18 0121
ORDINANCE NO.
amendment of the terms of this Agreement in any manner in which the Governing
Bodies of the member agencies, in their discretion, may mutually agree.
13. Termination. Except as otherwise provided herein, this Agreement may only be
terminated by the enactment of an ordinance in identical form by a majority of the of the
Constituent Jurisdictions which are then members of the Agency specifying such
termination, each such ordinance adopted within no more than ninety (90) days of each
other. Upon such action, the Agency shall be deemed terminated and its assets
disposed of pursuant to Paragraph 10 hereof.
14. Withdrawal. Any Constituent Jurisdiction may withdraw from membership in the
Agency upon notice in writing to the Agency and the other members of the Agency by
the enactment of an ordinance on or before May 1 of any year specifying that such
withdrawal shall become effective not earlier than the end of the next successive fiscal
year, provided that the withdrawal of any Constituent Jurisdictions from membership in
the Agency (not resulting in the termination of the Agency pursuant to Paragraph 13
above) during the initial term of any Franchise issued pursuant to the provisions of this
Chapter shall not operate to either divest the Franchisee of its authority to install or
provide services through its Telecommunications Facilities within the area of the
withdrawing Constituent Jurisdiction(s) or vest the withdrawing Constituent Jurisdiction
with any administrative or other authority whatsoever respecting operations by the
Franchisee under the Franchise. Notwithstanding the foregoing, a duly appointed
member of the governing body of a withdrawing jurisdiction may continue to participate
and vote in actions coming before the Agency after withdrawal which pertain solely and
exclusively to a Franchise in which a Franchisee has installed and is providing services
through at least a portion of its Telecommunications Facilities, which are located within
the jurisdiction of the withdrawing jurisdiction (such a Franchise hereinafter an
"Affecting Franchise"), provided that nothing in this sentence shall authorize the
member appointed by the withdrawing jurisdiction to participate or vote in any matters
pertaining to or having an effect upon more than a single Affecting Franchise. During
such initial term, the Agency shall continue to administer the provisions of this Chapter
for the benefit of the inhabitants of a Constituent Jurisdiction in the same manner as if
the Constituent Jurisdiction had not withdrawn. In the event that a Constituent
Jurisdiction should give timely notice of withdrawal and that withdrawal should become
effective before a cable television franchise assigned to the Agency as a part of its
initial entry shall have been renewed, extended or otherwise materially amended, the
Agency shall reassign said franchise to the withdrawing entity, said entity shall resume
administration of said franchise and the Franchise Fees derived therefrom shall
continue to be paid to the Constituent Jurisdiction which was the franchisor prior to the
Effective Date.
15. Reservation of Riohts. The provisions of this Agreement shall not be so construed
as to in any manner restrict or impair the power or authority of the Constituent
Jurisdictions to independently manage the sale, leasing, management, transfer and/or
Rev. 01/14/98 Page 190121
ORDINANCE NO.
other disposition of Telecommunications Facilities owned by the Constituent
Jurisdiction within their own jurisdictional boundaries. Nothing in the foregoing
sentence shall be construed to obviate the necessity of a Franchise issued by the
Agency in connection with the use of such Telecommunications Facilities,
16. Counterparts. This Agreement may be executed in counterpart.
IN WITNESS HEREOF the parties have approved and executed this Agreement
as follows.
ARTICLE III
MISCELLANEOUS
9-30 Repeal of Conflicting Ordinances and Actions. To the extent that any prior
ordinance, resolution, rule, order, regulation, and determination of Town of Tiburon
may be deemed to conflict with any provision of this Chapter, it is hereby repealed pro
tanto, provided that no person or entity shall be relieved by reason of such repeal of
any regulation, supervision or restraint by Town of Tiburon unless such regulation,
supervision or restraint under said prior ordinance, resolution, rule, order, regulation,
and determination of Town of Tiburon shall have been theretofore transferred to
Agency by reason of the enactment of this Chapter or otherwise.
9-31 Severability. If any part, section, subsection, or other portion of this Chapter or
any application thereof to any person or circumstance is declared void, unconstitutional
or otherwise invalid for any reason, such part, section, subsection, or other portion, or
the proscribed application thereof, shall be severable, and the remaining provisions of
this Chapter and all applications thereof not having been declared void,
unconstitutional or otherwise invalid, shall remain in full force and effect.
9-32 Termination of MCCRRJPA. Pursuant to the provisions of section 21.1 of the
MCCRRJPA Agreement of Formation, Town of Tiburon hereby consents, as of the
Effective Date of this Chapter, to the termination of MCCRRJPA.
This ordinance was introduced and the title thereof read at the regular meeting
of the Town Council of the Town of Tiburon on January 21, 1998 and on February 4,
1998.
This ordinance shall take effect and be in full force thirty (30) days from the date
of its passage. It is further directed that, before the expiration of fifteen (15) days from
the date of its passage, it shall be published once with the names of the members of
the Tiburon Town Council voting for and against the same, said publication to be made
in a newspaper of general circulation published in the County of Marin.
Rev. 01/14/98
Page 20 0121
ORDINANCE NO.
SECTION 3. Chapter 19, Section 19-1 is hereby amended to read as follows:
Section 19-1. Definitions.
"Encroachment Permit" means a permit issued by the Town to aprove work
within, upon, or beneath Town streets, street right-of-ways, or on Town-owned land.
"Town Council" means the Town Council of the Town of Tiburon.
"Town Engineer" means the Town Engineer of the Town of Tiburon or his
designee.
"Town-owned land" means land in which the Town holds a real property
interest, but which is not a Town street or street right-of-way.
"Work" means, without limitation, the erection of any structure; placement of
any improvement; filling; excavation; installation or removal of utility lines or pipes;
installation or removal of Telecommunications Facilities (as defined in Section '9-2 of
the Code); installation or construction of curb cuts, curbs or gutters; installation or
construction of sidewalks or driveways; installation of roadway approaches; or removal
or planting of trees or shrubs. The term "work" shall also include installation or
construction of sidewalks or driveways; installation of roadway approaches; or removal
or planting of trees or shrubs. The term "work" shall also include, without limitation, the
business or trade of selling, vending, hawking or peddling any merchandises, article or
item whatever.
The foregoing ordinance was passed at a regular meeting thereof this _ day
of , 1998, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
HARRY S. MATTHEWS
Mayor, Town of Tiburon
(SEAL)
Attest:
Diane L. Crane, Town Clerk
Rev. 01/14/98
Page 21 0121
::;flY
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
TOWN MANAGER
TOWN CLERK
OUTSTANDING ISSUES - COUNCIL CHAMBERS
December 12, 1997
I. WINDOW TINTING
Attached is the low bid from Climate Insulating Products, $529 for the windows behind
the Council dais and windows and doors behind the Staff table The small windows on the east
elevation can be tinted for an additional $94
The outstanding issue is whether to use a high performance or medium performance tint,
examples are on the windows for viewing (left side = high performance, right panel = medium
performance -- specifications attached)
~
I would also recommend in favor of tinting the large bank of windows that face Tiburon
Boulevard on the second floor of Town Hall. During the summer, the heat and glare was
tremendous and contributed greatly to the heat problem in JI. Recreation and the Community
Room If instructed, I will get a quote for this work
.Il. PRIVACY FOR COUNCIL CONFERENCE ROOM
Preston Petty and his staff gave us several suggestions about how to solve this problem
One of the solutions requires changing the door handles on the interior side for a cost of $230 per
handle, so I need authorization to proceed with this purchase. Blinds & Designs will submit a
quok as soon as they determine", hether they can "flush mount" blinds on the inside of the door
without removing the hardware at the top
Attachments
CIll.ATE
INSULATING
PRODUCTS
WINDOW FILMS
PREFERRl!D AUTi"ORI:l:EO OEALER,CC~STRlJC~.CN MAPKE:TS DIVISION
Conlraetoro Lie. No. 666649
(70n 539-6292
.
(800) 479-6292
.
5927 Anson Drive
Santa Rcsa. California 95409
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All rnat~r:.1 IS g~l"nto<<f 10 be as .pacilleCL All WOrloilQ te CC'TIO:~T.C1 in a workmanlike
fT\SI"'('fr ~''All'di.,~ 10 8tand3l'd practiei!l't. <\;'ly art.ralion or df...'Olior: from above speclHl:,lJ:-
tlOns jn\lcMl'lg ");'lfil <"~lS wll1 be <!JCIIe;I,JIIlCI or"llv upon .....fltlen 1)""81'8, 31fd will become 8('
Q~;a :::~3.'g:!o 0'.&1" lM ilbQ\'lJ ;1'18 nlimate All .gtee"1ent5 ~onlin;.n! Up01' ,jri~e$, accidents
O' altla...s 08';ond 'loll control, l)wr\er to '."Y fire, to(n.ad" Sl"'d oIheT nolce'SlI.rv i/"!~urM)ce
Cl;f work..,.. a.... '!Jay CI)V$fe<f by Workrrn,n's Com~*MjM I":&uta,..~
Aull':ori:ed
Signa.ture
~ ;;J4~6L
Note: This :)fOpOsal may oe
wllhdr,ilwn by I,l6 if r10t ..cce~ted Within
days.
Acczptance of 'roposaI - Thl!l aboV8 c-rieeS. s;eciiic3tiorn;. and COn-
tiilions are 'j,8tislaetory and 31e h&rf'lb~ !h::ceptAd. Yo... af'.! aut:"\orrz.d 10 do the
wOrk as sDecitled. Fayment "1111 be made as outlined above.
$19nature
Ca:& 01 -,l\ec9::llance
Signatur8
3M
ScotchtinfM
Sun Control Window Film
RE20NEARL High Performance Neutral
Inside View
Product Benefits
Reduces air conditioning costs.
Stay cooler by reducing excessive heat in warmer months.
Reduces glare and eye discomfort.
Furniture and fabrics have a longer acceptable life.
Increase personal safety from flying glass.
Product Performance
~
~, 7ft v~
I I ::;
". ,
With RE20NEARL ~ ~ ~ I
Solar Heat Reduction 59% 46% 31% 25%
Heat Loss Reduction 0% 0% 0% 0%
Glare Reduction 82% 82% I 82% 80%
UV Blocked 99% 99% 99% 99%
Total Solar Enerqy Rejected Q.6.% 68% 51% 164%
-<<
Technical Data
Glass Applied Shading Visible Light "U"
Type Product Coefficient Reflected I Transmitted Emissivity Value
,.c None 0.94 8% 88% 0.84 1.06
----- -- -..-----
..... RE20NEARL 0.39 17% 16% 0.84 106
--
I None 0.69 5% 50% 0.84 1.06
-
RE20NEARL 0.37 8% 9% 0.84 1.06 I
TIt None 0.81 14% 78% 0.84 0.50
'.!I
lI.l RE20NEARL 0.56 21% 14% 0.84 0.50
I None 0.55 8% 45% 0.84 0.50
RE20NEARL 0.41 11% 9% 0.84 0.50
Not recommended unless reviewed by 3M sales representative.
CLIMATE INSULATING PRODUCTS
5927 ~N::;ON DRIVE
U I", rJ"-'f --C l/ - 2t SA!" 11.\ 'iG~A, CA 95409-3002
.lV, Speed;"d ("''''ru''';"u I'.-odue" Depar'",eu' (707) 539.6292 . (800) 479-6292
3M C\.'nll':. Buil':IIIc' ~.:'._';;--1-S-II:-;
SI. P;lUl. \1\ -"_"'I ~--:--!(HIII
P'I:-:teU I:' USA
2M '0'-:;;':; ~;'.:;' i,~'3--'c" ~_
3M
ScotchtinfM
Sun Control Window Film
CLIMATE INSULATING PRODUCTS
5927 A~130N DRIVE
SANTA ROSA, CA 95409-3002
(707) 539-6292 . (800) 479-6292
RE35NEARL Medium Performance Neutral
Inside View
/
C. LV--,.
~,
o
) "
',-"
,....'-
3\1 Construction \brkt'l.'i Di\j",ion
3.\1 CentL'r. fhllldlllL: ~~_';;--1-S-Il~
St. Paul. \1\. :'i'i1-l--l-~-11){)(1
Product Benefits
Reduces air conditioning costs.
Stay cooler by reducing excessive heat in warmer months.
Reduces glare and eye discomfort.
Furniture and fabrics have a longer acceptable life.
Increase personal safety from flying glass.
Product Performance
.
~
-.;, 1 m tr
1.l
With RE35NEARL 1t !.L
Soiar Heat Reduction 45% 35% 28% 22%
Heat Loss Reduction 0% 0% 0% 0%
Glare Reduction 58% 56% 58% 58%
UV Blocked 99% 99% 99% 99%
Total Solar Enerav Reiected 56% 61% 50% 63%
Technical Data
Glass Applied Shading Visible Light "U"
Type Product Coefficient Reflected Transmitted Emissivity Value
* None 0.94 8% 88% 0.84 1.06
. -
..... RE35NEARL 0.51 20% 37% 0.84 1.06
I None 0.69 5% 50% 0.84 1.06
RE35NEARL 0.45 9% 22% 0.84 1.06
11:' None 0.81 14% 78% 0.84 0.50
: II
~ RE35NEARL 0.58 24% 33% 0.84 0.50
I None 0.55 8% 45% 0.84 0.50
~....
RE35NEARL 0.43 10% 19% 0.84 0.50
Printed in U,S.A.
@ 3M 1996 70-0703-7191-2 BL
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
TOWN MANAGER
TOWN CLERK
WINDOW COVERING - TOWN COUNCIL CONFERENCE ROOM
January 8, 1998
1 now have four new bids provided by Blinds & Designs for window covering of the glass
doors to the Town Council conference room. In addition to the window covering, the Town will
have to purchase new door handle fixtures in order for the blinds to be lowered. Jim Wilson
estimates the fixtures to be about $250 a piece.
Please let me know when you would like to review the bids.
I)~
D.L. Crane
Town Clerk
Attachment
1630 Tiburon Blvd.
Tibl1ron, CA 94920
Phone (415) 435-8080
Fax (415) 435-0209
BLINDS 1 DESIGNS
THE BEST FOR lESS!
DAY
DATE
CIR
L.S.
(A kef
1.-'1- '1JY
,.LJc:..(,.
ADDRESS
CITY
HOME PH.
INSTAllATION ADDRESS (IF DIFFERENT)
ADDRESS
APPROXIMATE
INSTAll DATE
STATE
WORK PH.
ZIP
CITY
HOME PH.
STATE
WORK PH.
ZIP
II
(J'\..
L./ 3 t1;
..., L/(,
I
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P9< /3 <.->
'2-<;/.6J'
P8+/ E. (f;:)
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2-( u~
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I C/
TERMS AND CONDITIONS OF SALES ORDERS AND INVOICES
You certify that the product information described on the face of this order is accurate and complete. You also
understand the products described are specifically designed and custom built and that Blinds and Designs will
take action upon execution of this agreement 10 order and have constructed those items set forth herein. The
delivery dale, when given, shall be deemed approximate and performance is subjecllO delays caused by strikes,
lires, acts 01 God or other reasons nol under the control of Blinds and Designs as well as availability of the prod-
uct. or any component products at the time 01 delivery.
This agreement is not Subject to cancellation for any reason after 72 hours of order placement. Buyer expressly
understands they have a three day right of cancellation, but VOLUNTARILY WAIVES THE CANCELLATION PERJ-
00 IN ORDER TO EXPEDITE THE ORDER.
Customer Signature
_~~______~_ B & D Approval