HomeMy WebLinkAboutTC Agd Pkt 1998-11-16
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TIBURON TOWN COUNCIL
AGENDA
SPECIAL ADJOURNED
MEETING
TOWN HALL
1505 TIBURON BL YD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
NOVEMBER 16, 1998
7:30 P.M.
7:15 P.M.
PLEASE NOTE: In order to give all interested persons an opportunity to be _, 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) Stale VI8WS Succinctly; (4) Umn Presentations to 3 minutes; (5) Speak
Directly into Microphone.
A. ROLL CALL
Mayor Matthews (Presiding Chair)
Vice-Mayor Bach
Councilmember Gram
Councilmember Thompson
Councilmember Hennessy
B. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to malters not already on this agenda, other
than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at
the time it is called Presentations are limited to three (3) minutes. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting
agenda.
C. CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do not require discussion and
which will probably be approved by one motion unless separate action is required on a particular item. Any
member of the Town Council, Town Staff, or the Public may request removal of an item for discussion.
I) CYPRESS HOLLOW AREA ANNEXATION - Transfer of Landscape & Lighting District
from County of Marin - (Adopt Resolution)
2) VISTA TffiURON LOT 16 (55 Vista Tiburon Drive): Accept Offer of Dedication for Public
Pedestrian and Public Utilities Easement - (Resolution)
3) AMICUS BRlEFREQUESTS: A) California Housing Council v, City of Malibu, Case No.
B 119503; B) Sierra Club v. San Joaquin LAFCO (California Supreme Court Review Granted
September 23, 1998) relating to Exhaustion of Administrative Remedies - (Approve)
D. NEW BUSINESS
4) AWARD OF TOWN CONTRACTS-
A) ELEPHANT ROCK RESTORATION PROJECT
B) TlliURON POLICE STATION CONSTRUCTION PROJECT - Off-Site
Street Improvements - (Authorize Award of Contract)
E. TOWN COUNCIL COMMENTS
F. ELECTION OF MAYOR
The Chair will receive nominations for the office of Mayor of the Town of Tiburon and
conduct the election.
G. ELECTION OF VICE-MAYOR
The Mayor-elect will take the Chair and conduct the election of Vice-Mayor.
H. NEW TOWN COUNCIL COMMENTS/OUESTIONS
I. ADJOURNMENT
FUTURE MEETINGS
I) November 17, 1998 - 7: 30 a.m.
2) November 17, 1998 - 6:00 p.m.
3) November 18, 1998 - 600 p.m.
4) December 1,1998 - 7:30 p.m.
S) December 2, 1998 - 7 :30 p.m.
6) December 16, 1998 - 6:00 p.m.
Belvedere!fiburon Mayors & Vice Mayors Meeting - Tiburon Town Hall
Interviews for Design Review Board. Council Chambers Conference Rm.
MCCMC @ Novato
Town CouncillPlanning Commission Workshop - Council Chambers
Town Council Regular Meeting
Holiday Party
DATE OF MEETING:
November 16. 1998
No. 22. 1998
DATE POSTED:
November 13. 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 infonnation regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COliNSEL - EXISTING LITIGATION
(Section 54956.9a)
Cannallv et al v. Main Street Businesses
(1JSDC NO. C-95-00875)
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 11116/98
/
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR~
Subject: CYPRESS HOLLOW AREA ANNEXATION: TRANSFER OF CYPRESS
HOLLOW LANDSCAPING & LIGHTING DISTRICT FROM THE COUNTY OF
MARIN TO THE TOWN OF TIBURON
Date: 11113/98
BACKGROUND
The Town Council, as the conducting authority, recently voted to annex the Cypress Hollow Area
to the Town ofTiburon. Marin LAFCO had previously conditionally approved the annexation.
One ofLAFCO conditions of approval was that the Town ofTiburon and Marin County adopt a
joint resolution agreeing to the transfer of the Landscaping & Lighting District.
Staff has worked with the Marin County Counsel's Office to prepare this resolution, which is
forwarded for your consideration The Board of Supervisors will probably act on the resolution
in late November or early December, although a firm agenda date is not known by Town Staffat
this writing.
Following adoption of the resolution by the Town Council and County Board of Supervisors,
LAFCO will need to record a Certificate of Completion, at which time the Cypress Hollow Area
will officially be annexed to the Town ofTiburon. Preparation of the Certificate of Completion
usually takes approximately two weeks. Town Staff expects the annexation to be officially
completed at roughly the end of the calendar year. A letter will be sent out to affected owners
and residents once a more specific date has been determined.
RECOMMENDATION
Adopt the resolution (Exhibit 1).
EXHIBITS
1.
Draft joint resolution.
Lld.rpt
Tiburon Town Council
Staff Report
11/16/98
1
COUNTY OF MARIN
RESOLUTION
NO. 98-
TOWN OF TmURON
RESOLUTION
No.b3/5
A JOINT RESOLUTION OF THE
MARIN COUNTY BOARD OF SUPERVISORS
AND THE TmURON TOWN COUNCIL
TRANSFERRING JURISDICTION OF AND THE FINANCIAL
RESOURCES AND DOCUMENTATION ASSOCIATED WITH
OPERATION, MAINTENANCE AND FUNDING
OF THE CYPRESS HOLLOW LANDSCAPE AND LIGHTING DISTRICT
TO THE TOWN OF TmURON
WHEREAS, on January 21, 1998, the Tiburon Town Council adopted
Resolution No. 3258 requesting the Local Agency Formation Commission
("LAFCO") to undertake proceedings for the annexation of the CYPRESS
HOLLOW SUBDIVISION ("CYPRESS HOLLOW") into the Town of Tiburon;
and,
WHEREAS, LAFCO has conducted proceedings in accordance with the
Cortese-Knox Local Government Reorganization Act of 1985, and approved the
annexation pursuant to LAFCO Resolution No. 98-13; and,
WHEREAS, annexation of the Cypress Hollow Subdivision to the Town of
Tiburon requires the Town to administer and provide municipal services in
CYPRESS HOLLOW; and,
WHEREAS, the CYPRESS HOLLOW subdivision area includes a County-
administered Landscape & Lighting District (LLD), designated by the County as
ZONE 14 that was formed for the general purpose of administering, operating and
maintaining the following areas which, after the annexation, will lie within the
jurisdiction of the Town of Tiburon:
I. The 25 foot sanitary sewer easement landscape and irrigation of the east
boundary; and
1
EXHIBIT NO. J
2. Entry landscaping, the 30 foot storm drainage easement ill the
southwesterly boundary and irrigation system; and,
3. Ownership and maintenance of the park site; and,
WHEREAS, Streets & Highways Code ~ 22612 provides that:
"~ 22612. Transfer of jurisdiction to city councils; joint resolution
If all of the territory of a district is included within one city by
annexation or incorporation, .the legislative body may transfer jurisdiction
over the district to the city council of the city by a joint resolution setting
forth the mutually agreed upon terms and conditions under which the transfer
is to take place. (Added by Stats. 1983, c. 1305, ~ 8, eff. Sept. 30, 1983.)"
WHEREAS, one of the conditions imposed by LAFCO in its Resolution No.
98-13 was that:
"Jurisdiction over the Cypress Hollow Landscape and Lighting District
shall be transferred from the Board of Supervisors of the County of Marin,
to the Town Council of the Town of Tiburon by a joint resolution setting forth
the mutually agreed upon terms and conditions under which the transfer is to
take place. "
NOW THEREFOR IT IS RESOLVED THAT THE Tiburon Town Council
and the Marin County Board of Supervisors hereby adopt this Joint Resolution
transferring the financial resources and documentation associated with operations,
maintenance and funding of the CYPRESS HOLLOW LLD to the Town of Tiburon,
in order that the Town may effectively administer services in the CYPRESS
HOLLOW LLD.
BE IT FURTHER RESOLVED that the Town of Tiburon, in assuming
control of the CYPRESS HOLLOW LLD accepts responsibility therefor only from
the date that the County of Marin transfers its resources to the Town of Tiburon.
Any liabilities, losses or other claims arising before said date shall remain the
responsibility of the county of Marin.
2
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PASSED AND ADOYI'ED at a r1?~dQr meeting of the Town Council of the
Town of Tiburon held on the day of
1998, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
MA YOR, TOWN OF TIBURON
ATTEST:
TOWN CLERK
PASSED AND ADOYI'ED at a regular meeting of the Board of Supervisors
of the County of Marin held on this day of , 1998,
by the following vote:
AYES:
SUPERVISORS:
NOES:
SUPERVISORS:
ABSENT:
SUPERVISORS:
PRESIDENT, BOARD OF SUPERVISORS
ATTEST:
CLERK, BOARD OF SUPERVISORS
DZLlLAFCO-Resol.CypressHollow AnnexS
3
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 11116/98
:A
110: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR ~
Subject: 55 VISTA TffiURON DRIVE (LOT 16, VISTA TffiURON SUBDIVISION):
OFFER OF DEDICATION FOR PUBLIC PEDESTRIAN EASEMENT AND
PUBLIC UTILITIES EASEMENT TO THE TOWN OF TffiURON
Date: 11113/98
BACKGROUND
In 1995, the Town of Tiburon recorded the final subdivision map for the Vista Tiburon
Subdivision at the western edge of the Town
At that time, the Town accepted a 10' wide public pedestrian path easement across Lot 15 of the
subdivision. However, a substantial portion of the width of the pedestrian easement was located
on steeply sloping land and was not user-friendly without substantial grading and earth retention.
The owner of the adjacent Lot 16, working in cooperation with the Town and the property owner
of Lot 15, has offered to the Town an easement dedication which would bring the usable width of
the easement back to approximately 8-10 feet, enabling the easement to be used for its intended
purpose as a pedestrian connection between the two public streets (Vista Tiburon Drive and
Reedland Woods Way) in the Vista Tiburon Subdivision.
Town Staff would like to thank the owners of Lot 16, John and Shawn O'Neil, for their kind offer
of dedication.
RECOMMENDATION
Adopt the resolution (Exhibit 1).
EXHffiITS
1.
Draft resolution
55vistibtc.rpt
Tiburon Town Council
Staff Report
11/16/98
1
RECORDING REQ{JESlIED, RElI{JRN 110:
1I0WN CLERK
1I0WN OF lIffi{JRON
1505 TIB{JRON BO{JLEV ARD
lIffi{JRON, CA 94920
RESOL{JnON NO.
A RESOL{JlIION OF lIHE TOWN CO{JNCIL
OF mE 1I0WN OF lIffi{JRON ACCEPTING AN OFFER OF DEDICA nON FOR AN
EASEMENlI FOR P{JBLIC PEDESlIRIAN AND P{JBLIC {JlIILITIES P{JRPOSES OVER
A PORnON OF LOll 16 OF lIHE VISlIA lIffi{JRON S{JBDIVISION
ASSESSOR PARCEL N{JMBER 38-450-16
WHEREAS, the owners of Lot 16 of the Vista Tiburon Subdivision, commonly known as
55 Vista Tiburon Drive, Tiburon, Marin County, California, have offered to dedicate to the Town
of Tiburon an easement for public pedestrian and public utilities purposes over a portion of their
property, said portion being described in the attached Exhibit I; and
WHEREAS, the Town is Tiburon is desirous of securing the easement for the afore-
mentioned purposes.
NOW, THEREFORE, BE IT RESOL YED, that the above-referenced offer of easement
dedication is hereby accepted, and the Town Clerk is authorized to record this resolution and its
Exhibit I as described above.
PASSED AND ADOPTED at a special adjourned meeting of the Town Council of the
Town of Tiburon held on November 16, 1998, by the following vote:
AYES:
NOES
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
HARRY S. MATTHEWS, MAYOR
TOWN OF TIBURON
ATTEST
DIANE L CRANE, TOWN CLERK
\scott\55vistibt.res
Tiburon Town Council
Resolution No. ----
11/16/98
1
EXHIBIT NO.
I
RECORDED RETURN TO
Scott Anderson
Town ofTiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
rRECE~VE~
TOWN OF T18-.JRON
"0'1
.\: '.
21998
I""'l~~"n-'I-".-C-
ui:.rrt'I~I;III.-,.l1 ..
.ll..._.1 j
COMMUN!TY DEVEi 0"1,\1::;,:-,
- I I.._.~
OFFER OF DEDICATION
AP 38-450-16
The undersigned, for good and valuable consideration and in order to promote the public
welfare, hereby offer to dedicate the hereinafter described Easement to the Town of
Tiburon, or its successor in interest, for Public Pedestrian Access and for Public Utilities
purposes, said Easement described in the attached Exhibit "A" and "B" incorporated
herein
The within offer of dedication shall remain in full force and effect, notwithstanding any
rejection thereof or failure to accept by the Town of Tiburon, it being specifically
understood and agreed that the Town of Tiburon, or its successors in interest, may, at any
time whatsoever, rescind said rejection and! or accept said offer;
Shawn O'Neil
'YHTRJTNO. 1
EXHIBIT "A"
All that property situate in the Town ofTiburon, County of Marin, State of California,
described as follows
A portion of Lot 16 as delineated on that certain map entitled "Map of Vista Tiburon"
recorded in Book 21 of Maps at page 37, Marin County Records;
Beginning at the comer common to Lot 16, Lot 15 and the easterly line of Vista Tiburon
Drive as delineated on said map;
Thence North 55036'00' East 22.74 feet to the southerly side ofa fence;
2 Thence along said fence North 61040'29" East 154.00 feet;
3 Thence leaving said fence North 41015'00" East 536 feet;
4 Thence North 61047'00" East 34.40 feet;
5 Thence North 87020'00" East 9.73 feet to a point on the common line said Lot 15
and 16,
6 Thence along said common line South 61040'29' West 224.81 feet to the point of
beginning.
The area offered for dedication is southerly of the fence and does not include the area the
fence is constructed upon
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acknowledged to me that he/she/they executed
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Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document,
OPTIONAL
Description of Attached Document
Title or Type of Document: tJ~ 'J"? '/k,nllIJ(r1i7N
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
GLENN R. WATSON
R08ERT G. 8EVERl.- Y
HARRY I.. GERSHON
OOUOl.AS W. AAGlUE
MARK l.. lAMKEN
~RWIN ~ ACl.EFI
0AA0l.C O. PIEPER
AL.L.E:N ~. Al!NNI!TT
STeVEN l.. OORllEY
WlWAM I.. STFlAUSZ
ANTHONY 8. OAEWRV
~ITCHEu.. E. Al!I8OTT
TIMOTHY t.. NEUFElD
GREGORY W. STEPANICICH
ROCHELLE 8ROWNE
MICtiAl!!L .J~NKlNS
WlWAM 8. FlUoeu.
QUINN M. IlAAACW
CAFIOL W. LYNCH
J~"flR~A.FIAIIIN
GFlEGOAV M. KUNERT
THOMAS M. JIMIIO
MICHELE BEAL BAGNEFll8
"'-MANDA F. SUSSKIND
AOeERT C. CECCON
SAYRE WEAVEi'll
STEVEN H. KI'IU"""ANN
GAFIY E. GANS
.JOMN J. HARRIS
KEVIN G. ENNIS
ROBIN D. MARAIS
MICHAEl. E5TRADA
1.AURENCE S. WIENER
STEVEN R. ORR
MICHAEL G. COLANTUONO
B.Tll.OENKIM
C. EDWARD DILKES
PETER M. THORSON
l!IFIENDA t.. DIEDERICHS
..JAMES L- MARKMAN
OEBORAM Fl. MAKMAN
RUBIN D. WElN~R
SASKIA T. ASAMURA
KAYSEFl O. SUME
SAUL.JAl"""1I!
CRAIG A. STEELE
T. Pl!TER P1EFlCE
CAVlO ROBERT CANlELS
WlLUAM P. CURLEY III
O. CRAIG FOX
LYNN t IBARA
JANET E. COl..SSON
Tll!RENCE R BOGA
DANIEL l.. PINES
USA BONO
OIANE ARKOW GROSS
ROY A. C1.AAI(I!!
ROXANNE M. DlAZ
MAFll8EL S. MEDINA
A08ERTA.BALBUENA
E!iRII<A M. FLEMING
0UVlA WAl-WEN SUAN
AMY W. CHING
PA'TAICIA I<. OUVER
SANDRA l.. McDONOUGM
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RICHARDS, WATSON & GERSHON
AITORNEYS AT LAW
RICHARD RICHARDS
(191&-1988)
A PAOFES840NAL CORPORATION
THIRTY-EIGHTH FLOOR
333 SOUTH HOPE STREET
LOS ANGELES, CALIFORNIA 90071 -1469
(213) 626-8484
FACSIMILE (213) 626-0078
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SUITE 980
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SAN FRANCISCO. CAUFORNIA 94104-4611
(415) 421.84-84
FACSIMILE (415) 421.8486
October 27, 1998
ORANGE! COUNTY OFFICE
NUMBER ONE CMC CENTER CIRCLE
BREA, CAUFOANIA 92821
\71-4) 990--0901
FACSIMILE \714) 980-8230
@~@~~w~rm
lnJ NOV - 2 1993 Wi
TOWN ATT'ORNEY'S OFFICE
TOWN OF T1SURON
OF COUNSEl..
WILUAM I<. KRAMER
1332208.001
OUR FILE NUMBER
10042-00133
TO: ALL CALIFORNIA CITY ATTORNEYS
RE: AMICUS BRIEF IN CALIFORNIA HOUSING COUNCIL V. CITY OF
MALIBU, Case No. Bl19503
ISSUE: REVIEW OF SUPERIOR COURT DECISION TO DETERMINE
WHETHER A CITY MUST FOLLOW THE RECOMMENDATIONS OF THE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
The City Attorney of the City of Santa Monica has been
approved by the Legal Advocacy Committee of the League of
California Cities to draft an amicus brief in the above-
referenced case. We request your City's amicus assistance in the
case which recognized that the City was not required to follow
the recommendations of the Department of Housing and Community
Development ("HCD").
Brief Description of the Case
After numerous public hearings, the City of Ma1ibu
adopted several amendments to its housing element. The HCD
questioned the validity of those amendments and asserted, in
part, that the amendments did not include programs to remove
governmental constraints. The California Housing Council, an
association of apartment owners and housing builders, challenged
the amendments by filing a petition for writ of mandate. The
California Housing Council argued that the City was required to
follow HCD's interpretations and recommendations. The superior
court denied the petition and rejected HCD's interpretation of
the law.
HCD will be filing an amicus brief in the above-
entitled action, which has the potential of expanding HCD's
ability to dictate to cities what they must include in their
housing elements.
RICHARDS, WATSON & GERSHON
October 27, 1998
Page 2
Siqnificance of issues
The City is seeking amicus support on the following
issues because they may significantly impact a city's ability to
draft a housing element without the HCD dictating what must be
included in a particular housing element.
(1) Do letters from the HCD carry substantial weight,
and is the court required to follow HCD opinions unless clearly
erroneous or unauthorized?
The City seeks amicus support for the propositions that
(a) HCD opinions should not be given substantial weight and
(b) the court is not required to follow an HCD opinion.
The notion that an HCD opinion would be followed unless
clearly erroneous was first mentioned in a footnote in Hoffmaster
v. Citv of San Dieqo, 55 Cal.App.4th 1098, 1113, n.13 (1997).
This was not an issue in Hoffmaster and, thus, is arguably dicta.
However, it is currently one of the major issues in the above-
entitled case, and the Court of Appeal will likely be required to
determine how much weight should be given to opinions by the HCD.
If the Court of Appeal holds that it must follow an HCD opinion
unless clearly erroneous or unauthorized, the HCD will have
considerable power in dictating what a city must include in its
housing element.
(2) To what extent must a city remove governmental
constraints which hinder the development of affordable housing?
The City seeks amicus support for the proposition that
while a city must indicate what efforts it has undertaken to
remove governmental constraints under Government Code Section
65583 (a) (4), a city is not required to remove all governmental
constraints which hinder the development of affordable housing.
If the Court of Appeal holds that a city must remove
all governmental constraints which hinder the development of
affordable housing, cities will be required to eliminate land use
and zoning regulations even if cities determine that such
regulations are appropriate and necessary. It is very important
that cities retain the authority to enact legislation which
advances the public health, safety, and welfare even if this
legislation may constrain housing development.
Common Interest
Cities have a common interest in the outcome of this
case because it has widespread implications. First, and perhaps
most importantly, this case will require the court to address the
RICHARDS, WATSON & GERSHON
October 27, 1998
Page 3
scope of the HCD's power in reviewing a city's housing element.
The HCD is filing an amicus brief in support of the argument that
its opinion should be followed by the court unless clearly
erroneous or unauthorized. This case will also require the court
to address the steps a city must take to ensure that its housing
element complies with the government code. Because all cities
must adopt a general plan, including a housing element, the
resolution of these issues impacts all cities in California.
Importance of an Amicus Brief
An amicus brief will lend support for the notion that
the issues in this case are important to all local governments
with land use authority and will emphasize to the court the
widespread effect this decision has upon the ability of
California cities to promote orderly development of their
communities, to independently determine what to include in their
housing elements, and to exercise their police powers.
Filinq Schedule
The brief is due on November 13, 1998. All possible
extensions, which do not require judicial review, have been
granted.
Conclusion
We think this is a matter of widespread interest to all
cities, and that amicus assistance from cities will be of great
help in obtaining a positive decision in this case. Please join
with the League of California Cities, a number of California
cities and us in supporting the City of Malibu. If you need any
further information, please do not hesitate to contact us. We
look forward to receiving your support.
velr;c
T. Peter Pierce
TPP:pko
133220B.001
Enclosure
~ ~J- i5)
MICHAEL R. NAVE
STEVEN R. MEYERS
ELIZABETH H. SILVER
MICHAEL S. RIBACK
KENNETH A 'MLSON
DAVID W. SKINNER
STEVEN T. MATIAS
MICHAEL F. RODRIQUEZ
CLifFORD F. CN.1PBEI.L
KATHLEEN FAUBION, Alep
RICK W. JARVIS
ARNE B. SANDBERG
BENJAMIN P. FAY
DANIEL A MUlLER
LIANE M. RANDOLPH
PATRICK lNHtTNEll
KATHARINE G. '/ELlMAN
JOHN W. TRUXAW
GARY A WATT
JULIE L. HARRYMAN
ADAM U. L1NGREN
DIANE B. ROLEN
CLAIRE S. BAROOS
MEYERS, NAVE, RIBACK, SILVER & WILSON
A PROFESSIONAL LAW CORPORATION
NORTH SAY OFFICE
GATEWAY PLAZA
777 DAVIS STREET, SUITE 300
SAN LEANDRO, CALIFORNIA 94577
TELEPHONE: (510) 351-4300
FACSIMILE: (510) 351-4481
~ ~ @ ~ ~ W ~ ILAREMONT AVENUE
CKTON, CA 95207
O T ~ ONE: (209) 951-4080
F I ILE: (209) 951-3009
NOV - 6 1998
November 4, 199
TOWN ATIORNEY'S OFFICE
TOWN OF TIBURON Reply To:
San Leandro
555 FIFTH STREET, SUITE 230
SANTA ROSA, CA 95401
TELEPHONE: (7071 545.8009
FACSIMILE: (7071 545-6617
CENTRAL VALLEY OFFICE
OF COUNSEL
ANDREAJ.SALTZMAN
CERTIFIED APPELLATE SPECIAliST
STEFANIE y, GANDOLFI
TO: California City Attorneys
RE: Amicus Brief in California Supreme Court in Sierra Club v. San Joaquin
LAFCO (review granted Sept. 23, 1998) relating to Exhaustion of
Administrative Remedies
The Executive Committee of the League of California Cities' Legal Advocacy
Committee has recommended that an amicus brief be filed in the California Supreme
Court in Sierra Club v. San Joaquin LAFCO to support a clear and understandable rule
reflecting the importance of exhaustion of administrative remedies. The Committee asked
me to author the brief (which will be supervised by Buck Deventhal, Chief Deputy City
Attorney for San Francisco), and I am writing to ask your city to join in this brief,
In this case, the trial court dismissed a challenge to a LAFCO's approval of an
annexation for alleged CEQA and procedural violations on the ground that the petitioners
had not exhausted administrative remedies. Although the petitioners had objected to the
annexation proposal before the LAFCO, they did not exercise the statutory procedure for
reconsideration in Government Code section 56857, subdivision (a). The Court of Appeal
affirmed, stating it was compelled to do so by Alexander v. State Personnel Board (1943) 22
Ca1.2d 198. However, the Court of Appeal strongly criticized the Alexander rule (that
"where a statute provides for a rehearing before an administrative hearing, the remedy
must be attempted or a claim of error in the administrative hearing is barred under the
exhaustion of administrative remedies"), and urged the Supreme Court to overturn it.
I t is feared that the Supreme Court may go too far in overturning the Alexander rule
or may adopt an unclear rule which will be difficult to follow. The amicus brief will argue
that the doctrine of exhaustion is meaningful to cities; that following a statutory rehearing
California City Attorneys
November 4, 1998
Page 2
,
procedure has long been recognized as a worthwhile part of exhaustion which gives a city
"an opportunity to correct any mistakes it may have made" (Abelleira v, District Court of
Appeal (1941) 17 Cal. 2d 280), and that, without a clear and understandable exhaustion
rule, which draws sharp lines, the important exhaustion doctrine may be seriously
undermined.
If all briefs are timely filed, amicus briefs will be due by early January. Because of
the limited time for the preparation and submission of the brief, I request that you obtain
any necessary authority from your city to join in the brief and notify us via the enclosed
consent form no later than December 11, 1998. If you have any questions, please feel free
to call me.
I look forward to your city's support in this important matter.
Sincerely yours,
MEYERS, NAVE, RlBACK, SILVER & WILSON
CLJIcf'---
Andrea Saltzman,
Certified Appellate Specialist
cc. JoAnne Speers, League of California Cities
Buck Deventhal, Chief Deputy City Attorney, San Francisco
Susan Bums Cochran, City Attorney, City of Lathrop
joIWPD\MNRSW\416\S)LAFCO.REQ
TOWN OF TIBURON
STAFF REpORT
ITEM NO. f (11)
110:
From:
Subject:
Date:
TOWN COUNCIL
TOWN ENGINEER
ELEPHANT ROCK REHABILITATION PROJECT - AWARD OF CONTRACT
November 16, 1998
BACKGROUND
This item was continued from the November 4, 1998 regular meeting at Council's request,
for further information concerning funding sources.
The low bid on the project was $145,316, and the Engineer's estimate for the project was
$105,000. Since November 4, the Town Engineer has secured an increase in the amount of the
original [HOD] grant. Therefore, these funds, along with the pledges of the anonymous donors,
will now cover the cost of the project.
RECOMMENDATION
To award the contract to the lowest bidder, Maggiora & Ghilotti of San Rafael, in the
amount of$145,316.
~/
Sia Barmand
Town Engineer
TOWN OF TIBURON
STAFF REpORT
110:
From:
Subject:
TOWN COUNCIL
TOWN ENGINEER
TffiURONPOLICE STATION - OFF-SITE STREET IMPROVEMENTS
CONTRACT
November 16, 1998
lTEMNO.3j6l
Date:
BACKGROUND
At the bid opening on Thursday, November 12, 1998, the Town received seven (7) bids
for the proposed project (see attached). The Engineer's estimate for the project was $100,000.
RECOMMENDATION
To award the contract to the lowest bidder, Ghilotti Bros. Construction, Inc. of San
Rafael, in the amount of$124,830.
s/
Sia Barmand
Town Engineer
Attachment
5)
6)
7)
TIBlJRON POLICE STATION
OFF-SITE STREET IMPROVEMENlIS
BID OPENING - November 12, 1998
2:00 p.m., lIiburon 1I0wn Hall
Lumo Sum Bid Price
1)
Maggiora & Ghilotti
(San Rafael)
$ 128,128
2)
J.A. Gonsalves & Son
(Napa)
$ 269,000
3)
W.R. Forde Associates
(Greenbrae)
$ 163,000
4)
Bauman Landscape
(Richmond)
$ 157,800
Ghilotti Construction
(Santa Rosa)
$ 164,200
Ghilotti Bros. Construction
(San Rafael)
$ 124,830~
North Bay Construction
(Petaluma)
$ 155,575
~ = Low Bidder
sf
Diane L. Crane
lIiburon Town Clerk