HomeMy WebLinkAboutTC Agd Pkt 1999-04-21
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
April 21, 1999
7:30 P.M.
NONE
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) Lim~ Presentations to 3 minutes; (5)
Speak Directly into Microphone.
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC QUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda, other
than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item
at the time it is called. Presentations are limited to three (3) minutes. Matters requiring action will be
referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a
future meeting agenda.
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
I) MARIN CONGESTION MANAGEMENT AGENCY PROGRAM - (Farhad Mansourian)
2) AMERICAN ASSOCIATION OF UNIVERSITY WOMEN - (Southern Marin)
3) TffiURON HIGHLANDS MASTER & PRECISE PLAN APPEAL STATUS REPORT -
(Update by Mayor Bach)
E. 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.
4) MAIN STREET ASSESSMENT DISTRICT FUNDING - (Approve Additional Funding
Advance for District Design)
5) CYPRESS HOLLOW PARK - Acceptance of Grant Deed - (Resolution)
6) STATE TRANSPORTATION LEGISLATION - Support for Senator Burton's 3-Bill
Legislation: SB 8; SCA 3; SB315 - (Adopt Resolution)
7) AMICUS BRIEF REQUEST - Circle K Ranch Corp. v. Board of Supervisors of Santa
Barbara County Second District Court of Appeal, Division Six - Case No. B 124996 (Santa
Barbara Superior Court Case No. SM 10086) - (Approve)
F. PUBLIC HEARING
G. NEW BUSINESS
8) POLICE DISPATCH SERVICES - (Conceptual Approval to withdraw from Mill Valley's
Southern Marin Dispatch and Contract with Marin County Sheriff's Department)
9) THIRD QUARTER TOWN FINANCIAL REPORT - (FY98-99)
H. UNFINISHED BUSINESS
10) TffiURON FERRY DOCK REALIGNMENT AND RECONSTRUCTION PROJECT -
(Status of Project)
I. COMMUNICA nONS
J. STAFF & TOWN MANAGER REPORTS
11) SOUTH OF THE KNOLL PORTABLE RESTROOMS - (Consider Recommendation by
Parks & Open Space Commission for Trial Removal)
K. ADJOURNMENT
Future Allenda Items
-New Construction Street Impact Fees - (May 5)
-Police Department Reorganization - (May 5)
--Jt. Recreation Committee Annual Report - (lvIay 19)
--Presentation of Heritage & Arts Commission Annual Preservation Award - (lvIay 19)
"
r'lAR 2f. . 9'3 12: 22PM i'lAPIN CO PUBLIC WKS
Belvedere:
Step. JolI_
CoI1e Madera:
Frank RaiD....,
Coual)' of MatiD:
Steve KIDie)'
Faltfu:
'rlDk Euer
Larklpur:
Jou LudRrelll
MlII Valley:
Dellllit JIJco
Novato:
Michael Di GlorIio
Ross:
Mary Browll
SID ADlellllo:
PlCarB"""
SUI Kalae1:
AI Boro
SauJalilG:
Aay Beller
'I1buroa:
Tom Gnm
P.1/1
MARIN COUNTY
CONGESTION MANAGEMENT AGENCY
I:/e~:ifl
March 26, 1999
RECEIVED
MAR 2 6 \999
TOWN MANAGERS OFFICE
TOWN OFTIBURON
VIA FACSIMILE
TO: City Managers/County Adminiltrator
RE; Future of Congestion Manasement in Marin
Dear Colleagues:
At last tliiht's CMA meeting, the Directors decided to solicit input from your
City CouncillBoard of Supervisors, staff and constituents on the future of
congestion management in Marin County.
We therefore request that you place an item on your next City CouncillBoard
of Supervisors agenda, for discussion only, how to manage the neld steps of
our transportation issues.
As a courtesy to me (since I will be the one attendlnj all the meetings), I
would appreciate it if you could schedule me early in the meeting, preferably
as your flIst item on the aaenda. Pleaae call me as soon as the date is decided.
If you have any questions, please call me at 499.6570.
Very truly yours,
'f1
0,.., . \ ...
\
Farhad Mansourian
Executive Director
c:c:.s: CMA Directors
Transportation Steerins Committee
Art Brook
FM:mr E:'JlARHAllIC)dAIBoOU99,Do<
Marin County Depvtment otPoblic WorkJ. P.O, Box 4186, San Rafael, CA. 94913
Phone: 4W499-6570. FAX 415/499.3799
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March 15, 1999
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Tiburon Town Council
Mogens Bach, Mayor
1505 Tiburon Blvd.
Tiburon, California 94920
RECEIVED
MAR 1 8 1999
TOWN MANAGERS OFFICE
TOWN OF TlaURON
Dear Mayor Bach and Council Members,
The Southern Marin County, Inc. branch of the American Association of University
Women celebrates its golden anniversary in May 1999.
For 50 years in Southern Marin county, this non-profit organization has been
devoted to women's and girls' equity in education, the professions and in public life.
Our Southern Marin branch has been the primary organizer of the annual Can Do
Day, a math, science and technology career expo for Marin's middle school girls,
now in its seventh year. We also sponsor a Southern Marin middle school girl to
attend the annual Tech Trek, an AAUW-California math, science and technology
science camp held in the summer at Stanford University. Our branch actively
fundraises for the AAUW Educational Foundation, the nation's oldest and largest
non-university source of grants and fellowships for women pursuing graduate
education, and for the International Federation of University Women (IFUW) global
projects, most recently for a women's and girls' reading room in Kathmandu, Nepal.
Our programming ranges from voter education to local issues fora, from cultural
interests to leadership development, and is customarily open to the public.
Our membership over our 50 years has included women prominent in Marin
County's public life, among them the late Vera Schultz and Jean Barnard, Marin
County supervisor and former Mill Valley mayor, respectively. We are honored to
have three Tiburon residents in branch leadership: Emily Heller, a past president,
Nancy Chiu, president, and Doris Dantes, president-elect. Our membership also
includes another former mayor, city council members, water district, arts and county
women's commissioners. Presently our branch membership numbers over 200 and
includes more than 40 residents of Tiburon, men and women diverse in personal
background and professional pursuits, yet united in our organizational pursuit of
equity, lifelong education and positive societal change.
We ask that the Tiburon Town Council consider honoring our 50 years of
contributions to the communities of Southern Marin county by naming May 1999 as
AAUW Southern Marin Month. Nancy Chiu and I would be most willing to attend
an upcoming town council meeting to give a brief overview of our organization
should you choose to accept our request as an agenda item.
Please feel free to contact me during the day at 415-899-5322, or through email at
charlotte_hamilton@ffic. com.
Thank you for your support.
Sincerely yours, _ I / .;.-/
~~
Charlotte Hamilton
AAUW Southern Marin County, Inc.
Public Information
Immediate Past President
340 Grandview Avenue
Novato, California 94945
cc: Nancy Chiu, President
Doris Dantes, President-elect
Lillian Donald, 50th Anniversary Chair
Emily Heller, Past President
PROCLAMATION
WHEREAS, the American Association of University Women,
Southern Marin County Branch, has for 50 years contributed
community service to Tihuron and the Southern Marin County area;
WHEREAS, the members of AAUW Southern Marin County
have for 50 years promoted equity in the workplace, education, and in
all aspects of the lives of women and girls; and
WHEREAS, AAUW Southern Marin County has been a Source
of leadership development for its membership, many of whom reside
in Tihuron and have contributed lastingly and positively to its public
life; and
WHEREAS, AAUW Southern Marin County has worked
diligently, locally and globally, for the goals of equity for all women
and girls, lifelong education and positive societal change; and
WHEREAS, AAUW Southern Marin Chapter is celebrating its
50th anniversary on April 25, 1999;
NOW, THEREFORE, BE IT RESOLVED the Town of
Tihuron does hereby congratulate AAUW Southern Marin County,
Inc. on the occasion of its 50th anniversary, and does hereby commend
the organization for its many contributions to the community over
the past 50 years;
BE IT FURTHER RESOLVED that the Town of Tihuron
looks forward to many more years of public service and educational
uplift in Tihuron provided by the American Association of University
Women, Southern Marin Chapter, Inc. branch.
MOGENS BACH, MAYOR
Dated: April 21, 1999
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
SUBJECT:
April 21, 1999 ITEM:
TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
MAIN STREET ADA IMPROVEMENT PROJECT
TRANSFER OF FUNDS
CONSENT :P:: 'I
BACKGROUND & DISCUSSION:
This item is for Town Council approval of the transfer of an additional $50,000 from the General
Fund Unallocated Reserve to the Downtown Main Street ADA Improvement Fund.
In December 1998, Town Council approved the contribution and transfer of $60,000 from the
General Fund Allocated Reserve to the Main Street ADA Improvement Fund. These funds have
been earmarked for funding a major share of the legal costs. Therefore, an additional transfer of
funds is necessary to defray anticipated professional and technical services costs associated with
the project design and engineering costs. The Town will recover all costs in excess of the
$60,000 contribution when the Assessment District is funded.
RECOMMENDATION:
That Town Council approve a second transfer of funds- in the amount of $50,000 - from the
General Fund Unallocated Reserve to the Main Street ADA Improvement Fund, with the
understanding that costs in excess of the Town's initial $60,000 contribution will be repaid to the
Town when the Assessment District is funded.
EXHffiITS:
1. Town Council Minutes No. 1154, dated December 2, 1998
R. Stranzl
Town Council, April 21, 1999
Main Street ADA Improvement Funding
1
I
.
MOTION:
Moved:
Vote:
to adopt first reading of the aforementioned ordinance
Hennessy, Seconded by Gram
A YES: Hennessy, Matthews, Gram, Bach
ABSENT: Thompson
17. DOWNTOWN MAIN STREET ADA IMPROVEMENTS (Resolution of
Intent to Form Assessment District)
Town Manager Kleinert reported the Main Street ADA compliance issue has
been before the Town for several years It is important to note the Town efforts to
assist and work with the property owners named in the lawsuit. The Town has
held community workshops, retained ADA consultants, hired a traffic engineer,
and formed the joint Belvedere/Tiburon Main Street Task Force. In September
the Task Force submitted its report, recommending the mOst feasible solution to
the Main Street problem was to maintain the two-way circulation, raise the
roadway and widen the sidewalk areas. The question now is how to fund these
proposed improvements. He noted Staff recommends forming an assessment
district. He noted there are 14 parcels with 9 property owners in the proposed
assessment district. The City of Belvedere has agreed to pay $60,000 towards
these improvements ifTiburon provides matching funds. The property owners
would have to fund the remaining $230,000 - 250,000 of improvements. He
recommended the Council adopt the resolution of intent to form an assessment
district and Staff be directed to proceed with retaining a district engineer.
Kleinert reported he <j.ttended the Chamber of Commerce Board of Directors
meeting and they support the concept of an assessment district, but feel the Town
should contribute more money. He did recommend that the Town hold an
informational meeting for the affected property owners.
Council member Hennessy feels that any legal costs the Town may incur in
connection ,:"ith the ADA litigation, the $60,000 Town contribution should be
reduced by that amount. Danforth stated that if the Town reduces its
contributions because oflitigation costs, Belvedere's contribution would be
reduced proportionately. Therefore for each Town dollar spent on litigation, the
district would lose $2.
Mayor Bach opened the public hearing.
Diane Ashley, Chamber of Commerce, reported many members of the Chamber
feel the Town should contribute a greater amount to the improvements. She
questioned requiring the Sanitary District to contribute any savings it may realize
ifit makes improvements to their lines while Main Street is torn up. She noted
the whole Town should participate to some degree in the assessment district as the
whole Town will benefit from the improvements
Town Council Minutes No. 1154
12/2/98
7
.
I
I
!
,
.
Mr. Zanduakili, owner of 5 5 Main, noted he supports using the street frontage
method to assess the cost of the project. Maggie McDonogh feels the Town
should pick up a larger portion of the construction costs and limit the time the
construction shall take to complete. Marie Della Santina stated all ofTiburon
uses Main Street, yet the property owners are being penalized for the costs of
these improvements She feels the Town should contribute more to the district.
Being no further comments, Mayor Bach closed the public hearing.
Council member Gram noted there will be decisions that will have to be made
down the road before this assessment district proceeds. He noted a cost sharing-
benefit analysis will need to be done by an independent engineer; the number of
property owners in favor of using an assessment district for the improvements
must be determined; the amount of the Town's $60,000 contribution may be
changed in the future. He noted the improvements were brought about by a law
suit against the property owners and he does not feel the Town is liable. He also
fees that if the improvement costs goes over budget, then t~e Town should
determined how much more it should pay.
Councilmember Hennessy stated she supports one way traffic on Main Street with
parking. She is in favor of forming the assessment district.
MOTION:
to approve staff's recommendations plus adding: 1) the Town
agrees in concept that if the project goes over the final approved
budget the Town will share in the increased costs, and 2) that the
Town reserves the right, if the Town gets involved in the ADA
litigation, to deduct its legal fees from the $60,000 contribution
Moved:
Vote:
Matthews, seconded by Gram
Ayes: Unanimous
Absent: Thompson
14. AMEND CHAPTER 20 OF THE TIBURON MUNICIPALCODE (Regulations
of Animals and Fowl
Mayor Bach waived the oral Staff presentation and opened the public hearing.
Being no comments, Mayor Bach closed the public hearing.
MOTION:
Moved:
Vote:
to read by title only
Gram, seconded by Matthews
AYES: Unanimous
ABSENT: Thomspon
Mayor Bach read "AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TffiURON AMENDING CHAPTER 20 OF THE TffiURON
Town Council Minutes No. 1154
12/2/98
8
.
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING A GRANT DEED FROM THE COUNTY OF MARIN
FOR THE CYPRESS HOLLOW PUBLIC PARK
ASSESSOR PARCEL NUMBER 034-394-17
WHEREAS, the Town ofTiburon did annex the Cypress Hollow Subdivision, including
the Cypress Hollow Park, in December, 1998, and
WHEREAS, the Cypress Hollow Park had been acquired by the County of Marin through
Grant Deed rather than through dedication provisions of the Subdivision Map Act, and therefore
did not automatically transfer to the Town of Tiburon upon annexation. The Cypress Hollow
Park must therefore be transferred to the Town of Tiburon by grant deed, and
WHEREAS, the Board of Supervisors of the County of Marin did adopt Resolution No.
99-044 on April 6, 1999, said resolution executing a grant deed of the Cypress Hollow Park to
the Town ofTiburon.
NOW, THEREFORE, BE IT RESOLVED, that the Town of Tiburon hereby accepts
from the County of Marin the grant deed for real property as described in Exhibit" A" attached
hereto, and directs the Town Clerk to ensure proper recordation of the deed with the Office of the
Marin County Recorder.
PASSED AND ADOPTED at a meeting of the Tiburon Town Council on
1999, by the following vote
AYES COUNCIUvlElVlBERS
NOES. COUNCILMEMBERS.
MOGENSBACH,MAYOR
TOWN OF TffiURON
ATTEST
DIANE L. CRANE, TOWN CLERK
Cypress hollow park deed res.doc
Tiburon Town COllncd
ResolutIOn Nu. ----
-/--/99
1
"
Recording Requested By:
Marin County Open Space District
WHEN RECORDED RETURN TO:
Attn: Kathy Wood
Department of Public Works
Real Estate Section, County of Marin
P.O. Box 4186, Civic Center Branch
San Rafael, CA 94913-4186
APN: 034-394-17
Exem t er Government Code 9 6103
SPACE ABOVE THIS LINE POR RECORDER'S USE
GRANT DEED
THE COUNTY OF MARIN, a political subdivision of the State of California, by
Resolution No. ~attached hereto and made a part hereof,
hereby GRANTS to
THE TOWN OF TIBURON, a municipal corporation
the real property in the County of Marin, State of California, described as:
SEE EXHffirr "A," ATTACHED HERETO AND MADE A PART HEREOF.
APft -6 .
DATED:
,1999
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ATTEST:
f2n c<"-H.; ~u.R-V-
1I,/,,"-n.,Clerk, Board of Supervisors
STATE OF CALIFORNIA )
)55.
COUNTY OF MARIN )
On this 7d day of ~1..i....f , 1999, before me, /J? u t L."-' J-
a Notary Public, in and or said ,C;ounty and Statejl residing therein, duly commissioned
personally appeared O/Yt.--1U,itv /..t/'--~
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(~ whose
name()) is/~ subscribed to the within instrument and acknowledged to me that fjW/she/tiU:Y executed the
same in h'ji:;/her/t~r authorized capacity(i~), and that by h,is/her/th'1fr signature(~ on the instrument the
person(~), or the entity upon behalf of which the person(~) acted, executed the instrument.
Witness my h~ official seal.
/itLut...) . La...../
Notary Public::rn and for said County and State
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-- -- -- -- -- -- -- -- -- -- -- -
.'
BOARD OF SUPERVISORS
COUNTY OF MARIN
RESOLUTION NO: 99-044
RESOLUTION AUTHORIZING EXECUTION OF GRANT DEED TO
THE TOWN OF TIBURON, A MUNICIPAL CORPORATION
WHEREAS, THE COUNTY OF MARIN, A POLITICAL
SUBDIVISION OF THE STATE OF CALIFORNIA is the fee owner of property
formally known as Cypress Hollow Park, Mill Valley and referenced as Assessor's Parcel
No. 034-394-17; and;
WHEREAS, THE TOWN OF TmURON, a municipal corporation, has
annexed the Cypress Hollow Landscape and Lighting District; and
WHEREAS, Cypress Hollow Park now lies within the boundaries of
Cypress Hollow Landscape and Lighting District; and
WHEREAS, the Department of Parks and Open Space has recommended
transfer of said property to the Town of Tiburon; a municipal corporation; and
WHEREAS, THE TOWN OF TffiURON, a municipal corporation, has
indicated its willingness to accept said park property;
NOW, THEREFORE, BE IT RESOLVED that the President of this
Board of Supervisors is hereby authorized to grant said property on behalf of the
COUNTY OF MARIN.
PASSED AND ADOPTED at a regular
Supervisors of the County of Marin this 6thdayof April
following vote:
meeting of the Board of
1999, by the
AYES:
SUPERVISORS
Cynthia L. Murray, Harold C. Brown, Jr..
John B. Kress, Annette Rose, President.
NOES:
SUPERVISORS
ABSENT:
SUPERVISORS
~~
President, Board of Supervisors
52
A TrEST:
bt1-YtL ~~
OCP4 Clerk of the Board
F:\ReaI Es[;lte\KWood\Open Space Districl\Cypress Hollow Park,\ResoIUlion Cypress Hollow.doc
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EXHIBIT "A"
All that certain real property situate in the County of Marin, State of California, described
as follows:
PARCEL A, as shown upon that certain map entitled, "Map of Cypress Hollow, being a
portion of 'Big Reed Ranch' in Rancho Corte Madera del Presidio, Marin County,
California", filed for record June 14, 1991 in Volume 20 of Maps, at Page 96, Marin
County Records.
RESERVING THEREFROM an easement for sanitary sewer purposes over that certain
area designated "10' S.S.E. Apput. To Lot 25", lying within the boundaries of Parcel A as
said easement and parcel are shown upon the filed map (20 M 96) referred to herein
above.
Said easement is for the benefit of and appurtenant to Lot 25, as shown upon the tiled
map (20 M 96) referred to above.
THE BOARD OF SUPERVISORS OF MARIN COUNTY
IIe 4>..::rF ~
ADMINISTRATION BUILDING
3501 CIVIC CENTER DR., SuITE 329
SAN RAFAEl., C"UfORNIA 94903-4193
TElJU'HONE (415) 499-7331
FAX (415) 499-3645
TOO (415)4_172
httD: Ilmilfin.orlZ/mc/bos/
April 6, 1999
To: Marin Mayors and City Managers
RE: SUPPORT FOR TRANSPORTATION LEGISLATION
On behalf of the Marin County Board of Supervisors, I am writing to urge your endorsement and
support of a three-billlegis1ation package introduced by Senator Burton. These three bills are
designed to address the state's massive transportation problems.
On March 30, the Board of Supervisors unanimously adopted Resolution 9942 (attached) which
endorses and supports SR 8, SCA 3, and conditionally supports SB 315 pending review of
proposed spending allocations. SB 315 would put $4 billion in transportation bonds before the
voters in each of the next four elections for a total of $16 billion. SB 8 requests the California
TIlUlSportation Commission to produce a ten-year needs assessment of the state's transportation
system and develop a list of high priority projects. SCA 3 would amend the Constitution to allow
local jurisdictions to impose a special tax by simple majority vote, rather than the current super
majority, to fund transportation projects and services.
As a demonstration of your support, I urge you to present similar resolutions to your city
councils. Once adopted, a copy of the resolution should be forwarded to Senator Burton's office.
Thank you for your ioterest and support. Working together, we can make a significant impact as
we address the major transportation issues facing Marin today. If you have any questions in this
regard, please contact Mike Sadjadi of the Public Wolks Department at 499-6570.
Very truly yours,
~a~ckt.~~
~~e, President
Marin County Board of Supervisors
MM-S:bb\mms\99-42
Attachment
cc: Board Members
County Administrator
Mehdi Madjd-Sadjadi
JOHN KRESS
SAN RAFAEL
1ST DISTRICT
.
2ND VICE PIlE~IDENT
HAROLD C. BROWN
SAN ANSELMO
2ND DISTRICT
.
PIlE:;IDENT
ANNFITE ROSE
SAUSAUTO
3RD Dt!-o'RICT
.
VICE-PRESIDENT
STEVE KINSEY
SAN GERONIMO
4TH DISTRICT
.
CYNTHIA L. MURIlA Y
NOVATO
5TH DlsrRICT
.
CLERK
MAIlK J. RIESENFfLO
RESOLUTION NO. 9942
RESOLUTION OF THE MARIN COUNTY BOARD OF. SUPERVISORS
WHEREAS, Califomla Is facing an estimated $20-25 billion gap between
transportation needs and transportation funding; and
WHEREAS, locally Marin County's transportaUon needs are esUmated at more than
$506 million for corridor transportaUon Improvements, a transportation and road maintenance
backlog of $52 million and an annual need of $11 million for road maintenance; and
WHEREAS, Marin County needs to become a self-help county to gamer our share of
State and Federal transportation funding by passing a local sales tax measure for
transportation; and
;
WHEREAS, Marin County voters have voted to approve, by a majority vote, sales tax
increases for transportation improvements but did not reach the 213 majority required to enact
the measure; and
WHEREAS, Senator Burton has introduced a three-billleglslatipn package, SB 315,
SR6 and SCA 3 to help solve Califomia's massive transportation problems; and .
WHEREAS, SB 315 is a $16 billion bond proposal that puts $4 billion in transportation
bonds before the voters in each of the next four elections for repairing and upgrading
transportaUon infrastructure; and
WHEREAS, SR 8 requests the Callfomia TransportaUon Commission to produce a ten
year needs assessment of the state's transportaUon system including IdenUfylng unfunded
needs for streets and regional transit systems and developing a list of high priority projects
expected to reduce congesUon and proVide economic/environmental benefits; and
WHEREAS, SCA 3 would amend the ConsUtution to provide that a local jurisdiction
may impose a special tax to fund projects and services for the purpose of transportaUon
exclusively by a majority vote.
NOW, THEREFORE, BE IT RESOLVED that the Marin Board of Supervisors
endorses and supports SR 8, SCA 3, and conditionally supports SB 315 pending review of
proposed spending allocations, to help meet our transportation needs.
BE IT FURTHER RESOLVED that the Marin Board of Supervisors send a request to
all Marin County cities urging them to pass similar resoluUons.
PASSED AND ADOPTED at a regular meeting of the Board of Supervisors of the
County of Marin held on this 30th day of March, 1999, by the following vote:
AYES: SUPERVISORS Cynthia L. Murray, Harold C. Brown, Jr., Steve Kinsey,
John B. Kress, Annette Rose
NOES: NONE
ABSENT: NONE
~~~
PRESIDENT, BOARD OF SUPERVISORS
ATTEST:
CLER~~'
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWNOFTIrnURON
IN SUPPORT OF
TRANSPORTATION
LEGISLA TION
WHEREAS, California is facing an estimated $20-25 billion gap between
transportation needs and transportation funding; and
WHEREAS, Marin County recently attempted to bridge this gap by passing
a local sales tax measure for transportation; and
WHEREAS, the voters of Marin County approved by a majority vote sales
tax increases for transportation improvements but did not reach the 2/3 majority
required to enact the measure;
WHEREAS, Senator Burton has introduced a three-bill legislation package,
SB 315, SR 8 and SCA 3, to help solve California's massive transportation
problems; and
WHEREAS, the Marin County Board of Supervisors has unanimously
expressed its support of these measures and has urged all the Marin cities to follow
suit by adopting similar resolutions;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town
of Tiburon that it endorses and supports SR 8 SCA 3, and conditionally supports SB
315 pending review of proposed spending allocations, to help meet our
transportation needs.
PASSED AND ADOPTED at a regular meeting ofthe Town Council on
April 21, 1999, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
MOGENSBACH,MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
P.O. Box 8177
fD)~@~~W~rn1
U1J APR f 5 1999 WJ
TOWN ATIORNEY'S OFFICE
TOWN OF T1BURON
MILLER
STARR
REGALIA &
1331 NORTH CALIFORNIA BLVD.
FlrTO FLOOR
WAli'itJT CREEK, CALIFORNIA 94596
FACSIMILE (925) 933-4126
TELEPHOi'iE (925) 935-9400
]:/f'1fI.-1I1-
A PRO rES S ION A L
lAW CORPOIIATIOS
-
CHRISTIAN ~. CARRIGAN
CMC@MSANDR.COM
(913) 941.3231
April 13, 1999
All California Cities and City Attorneys:
Re: Amicus Brief
Circle K Ranch Corp. v. Board of Supervisors of Santa Barbara County
Second District Court of Appeal, Division Six
Case No: BI24996
(Santa Barbara Superior Court, Case No. SM 100886.)
ISSUE: Whether the recording of a pre-1893 "ancient map" creates or
establishes a subdivision of the "paper lots" depicted thereon which must
be recognized under the modem Subdivision MaD Act
We respectfully request your City's amicus assistance regarding the Second
District Court of Appeal's review of the above referenced trial court decision which found that
antiquated maps do not create, establish or validate a subdivision of land. The League of
California Cities' Legal Advocacy Committee has recommended amicus participation by
California Cities. The California Association of Counties will also be adding its name to the
brief, which will be principally prepared by Arthur F. Coon, a principal in this firm. Mr. Coon
has agreed to prepare the brief on a pro bono basis.
THE ISSUE
In Circle K Ranch Corp. v. County of Santa Barbara, the trial court answered in
the negative a question left open by the California Supreme Court in Morehart v. County of
Santa Barbara (1994) 7 Cal.4th 725, as to whether the mere filing of a pre-1893 map creates or
establishes lots depicted on that map as legal parcels. The issue is one of statewide concern to
cities and counties in that there are an estimated 400,000 to 1,000,000 antiquated subdivision
"lots" throughout California.! This appeal typifies the movement by developers across the state,
who are increasingly seeking to validate parcels allegedly created by the ancient maps prior to
the enactment of the modern Subdivision Map Act ("SMA"), by obtaining Certificates of
Compliance.
Amicus Watson Land Company in Morehart, supra. and 1986 Summary Report on "California's
Hidden Land Use Problem: The Redevelopment of Antiquated Subdivisions," Senate Committee on
Local Government (Marian Bergeson, Chairman).
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April 13, 1999
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Those who engage in this effort seek to avoid the SMA's requirement that parcels
comply with general plan and zoning standards imposed to promote orderly community
development, and that subdividers provide adequate public infrastructure. If developers were to
convince the courts that the mere depiction oflots on antiquated subdivision maps and official
county maps, in itself, creates or establishes those lots, massive amounts of land across the entire
state would be further subdivided and overlaid with grids of parcel boundary lines from which
additional certificates of compliance for "paper" and "fraction" lots could be sought.
DESCRIPTION OF THE CASE
Plaintiff, Circle K R,nch Corp.. plearled three causes of action. The first sought a
declaration that (1) the 1888 map of Canada de Los Pinos subdivided land and (2) the map of
Canada de Los Pinos was reflected on the 1888 and 1909 Official County Maps, which validated
the subdivision of all parcels depicted on those maps. The second cause of action, in mandamus,
admitted that the County's official maps were not adopted pursuant to the requirements of the
1903 Political Code (the predecessor to the modern Official Map Statute), and requested the
court to order the Board of Supervisors to revise the adoption of these ancient maps "nunc pro
tunc" to convert them to subdivision maps. The third cause of action was a petition for
administrative mandamus to review the County's denial of plaintiffs certificate of compliance
application.
The trial court bifurcated the trial of the first and second causes of action from the
third because relief under the first two causes was a legal prerequisite to relief under the third.
The trial court granted summary judgment to the County on the first two causes of action. The
trial court then entertained briefs and oral argument on the administrative mandate claim, which
focused on estoppel claims.
The case presents a narrowly focused legal controversy in which there are no
disputed facts or damages claims. The trial court decided all questions of law favorably to the
local agencies, as follows:
. Pre-I 893 Maps do not establish or create lOtS.
. Official Maps of the County of Santa Barbara are assessment maps adopted
for the use ofthe assessor and were not adopted pursuant to the SMA or its
predecessor statute, Political Code, section 3658(a).
. The County cannot be compelled to retroactively adopt official county maps
adopted for assessment purposes as maps subdividing land.
Copies of the trial court's orders are available from our offices and will be
provided upon request.
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April 13, 1999
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Mr. Coon conducted underlying legal research supporting the County's trial court
briefs and anticipates that the amicus brief will be presented from the vantage of amici with both
an interest in and a depth ofk:nowledge on the subject. Major topics will include:
. an overview of the general purposes of the SMA and, in particular, of its
"grandfather" provisions;
. an analysis of the legislative history underlying the SMA and its precedent
Acts;
. a case law analysis of the possibility of pre-I 893 parcel creation, including an
overview of Morehart and other relevant decisions;
. a modern case law and statutory analysis of the "lawful parcel creation"
issue; and
. an analysis of the purposes and legal effect of recordation of pre-1893
subdivision maps.
We invite you to join in this amicus briefby signing the enclosed authorization
form, which we have prepared to authorize inclusion of the name of the city's attorney on the
brief to avoid potential conflict issues to the extent possible. We anticipate filing the brief on or
about April 23, 1999, or in close proximity to the County Respondent's Brief. Please return your
response by mail or facsimile to my attention by April 21, 1999, so that we may include your
name as well as your city's name on the brief. If you have any questions or there is any further
information we can provide, do not hesitate to contact me.
Thank you in advance for your prompt attention to this matter. We look forward
to this opportunity to provide the Court of Appeal with research and information which will be
helpful to its decision on these issues.
Very truly yours,
MIL. :ER'~TA. ,& REGALIA
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04113/99
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Police Department
TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Members of the Tiburon Town Council
Chief Peter G. Herley
Contracting with Marin County Sheriffs Department - Dispatch
Services
April 13, 1999
Date:
BACKGROUND:
In 1994, the Town of Tlburon entered into a Joint Powers Agreement with Mill Valley, Sausalito, and
Belvedere to consolidate dispatch services in Mill Valley (Southern Marin Communications -- "SMC"). The
dispatch centers of Tiburon and Sausalito were closed and the dispatchers were hired by Mill Valley. At that
time, as opposed to contracting with the county, forming SMC was the most advantageous option for Tiburon
for a multiple of reasons. While the JPA has been successful, we have found that with new technological
advances and cost-savings, it may be more advantageous to the Town ofTiburon to now contract with Marin
County Sheriffs Office for dispatch services.
OVERVIEW:
The Town of Tiburon and every other city in Marin County, fire districts, the water district, etc. have entered
into an agreement to develop and implement the Marin Emergency Radio Authority (M.E.R.A.). MERA will
be a joint, highly sophisticated communications system whereby all emergency services providers (police,
fire, public works, etc.) will have immediate communications with each other - which does not presently
exist In anticipation of the implementation, perhaps at the end of next year, we evaluated the benefits of
disbanding the Southern Marin Communications JPA and contracting with the county.
The evaluation process of whether to contract with the Sheriffs communications consisted of ensuring that
the services to the citizens of our (SMC members) communities and the police officers remained at the high
level it presently is and whether there would be any cost-savings. Also, I wanted to ensure that we could
be part of a more sophisticated Computer Aided Dispatch (CAD) and shared Records Management System
(RMS) in the future. Information sharing is, and should be, the watch words of effective, cooperative law
enforcement. A critical factor in the initial decision to form SMC was that Mill Valley would update their
RMS. Mill Valley, unfortunately, has not and does not intend to update their RMS.
The cost-savings of contracting with the Sheriffs is remarkable! It appears that Tiburon would save at least
$70,000 per year -- without degradation of service! The would certainly be enough to pay Tiburon's yearly
share of MERA!
In relation to dispatch services, the intent of the Sheriffs is to hire as many of SMC's current dispatchers as
possible. A special console would be set up at County Communications for just Southern Marin - with, I
believe, our same dispatchers, dispatching for the Southern Marin cities. We may have to share the radio
frequency with the Sheriffs in Southern Marin, however, this would be beneficial since we presently work
adjacent to them. We are currently on different radio frequencies and, unfortunately, do not always hear
each other's calls.
With the introduction of MERA, should any or all of participating SMC agencies decide to continue
dispatching, it will cost no less than $150,000 - $175,000 acquire new equipment to accommodate the new
MERA radio system -the present dispatching equipment would have to be scrapped. This would mean that
Tiburon, Belvedere, Sausalito, and Mill Valley would have to share the costs in the purchase of this new
equipment. Belvedere and Sausalito have already decided not to continue participating in SMC,
consequently, if Tiburon and Mill Valley opted to continue the dispatching relationship, the cost of the new
equipment would have to be shared by the latter two cities, a cost Tiburon could not afford.
Virtually every law enforcement agency nationwide with dispatch centers are having problems both recruiting
and retaining qualified dispatchers. This includes Mill Valley, which has had to toil under this constraint.
Hiring the cadre of SMC's current dispatchers would not only supplement the Sheriffs if they took over
dispatching services, but allows for an orderly transition into a cooperative dispatch system.
CONCLUSION:
Sheriff Robert Doyle and I have been in personal contact and I truly believe that the Sheriffs
Communications Center would provide excellent dispatch services, save the Town considerable funds,
provide a records management system which we could never afford on our own, and, also, provide excellent
response during emergencies and disasters. The other SMC Chiefs of Police agree with this conclusion and
have been in discussion about recommending the abandonment of the SMC JPA. (It should be noted that
should a SMC member wish to withdraw from the JPA, a year's notice must be given. If all the members
decide to dissolve the JPA, there would be no penalty and the year's notice would be moot!) Should all the
members agree to dissolve the JPA, county dispatch services could be started on a target date of July 1,
1999.
RECOMMENDATION:
In order to allow us to proceed with the development of a contract (to be reviewed and approved by the
Town Council in the near future) and with definite implementation plans and procedures for a July 1, 1999
start-up date, it is recommended that the members of the Tiburon Town Council agree, in conceot. to
contracting with the Marin County Sheriff's Office to provide dispatch services to the Tiburon Police
Department.
~
PETER G. HERLEY,
CHIEF OF POLICE
cc: Robert L. Kleinert, Town Manager
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MARIN COUNTY SHERIFF'S DEPARTMENT
3501 Civic Center Drive, Room 145, San Rafael, CA 94903
ROBERT T DOYLE
Sheriff
DEI\'NIS FlNNEGA/'v'
l;nJersheriff
April 12, 1999
RECEIVED
APR 1 3 1999
Robert Kleinert, Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
TOWN MANAGERS OFFICE
TOWN OF TIBURON
Dear Mr.~rt:f3o(/
I am pleased to provide you with the contract for public safety communications
services for your town. There are three parts to the document.
. The Agreement is one page establishing authority for the services to be
rendered.
. Exhibit A establishes the general terms and conditions.
. Exhibit B sets forth the financial terms and conditions.
Please review these documents as soon as possible, and contact Bill McMurray
if you require any changes to the Agreement or either of the exhibits.
Once the Agreement has been approved by your City Council, please provide
us with a signed copy for submission to the Board of Supervisors.
Call me at 499-7252 if you have any questions about this letter.
Sincerely,
etV
ROBERT T. DOYLE
SHERIFF
cc:
Peter Herley, Chief of Police, Tiburon Police Department
Bill McMurray, Communications Manager, Marin Co. Sheriff's Dept.
"In PartnershiP with our Community"
AREA CODE 415
24-HOUR NUMBER
499-7233
FAX
507-4126
ADMINISTRATION
499-7250
CIVIL
499-7282
COMMUNICATION
SERVICES
499-7243
E~IERGENCY
SERVKES
499-6584
INVESTIGATIONS
499-7265
JAIL
499-6655
MAJOR CRJ.\1ES
TASK FORCE
884-4878
PATROL
499-7233
RECORDS
499-7284
W ARRAI'o'TS
499-7297
AGREEMENT FOR
PROFESSIONAL SERVICES
BETWEEN THE COUNTY OF
MARIN AND THE TOWN OF
TIBURON
PUBLIC SAFETY
COMMUNICATIONS DISPATCH
SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this day of ,
1999, by and between the COUNTY OF MARIN (Tax I.D. Number 94-6000519), apolitical
subdivision of the State of California (hereinafter referred to as "COUNTY") acting by and
through its Sheriff s Office and the TOWN OF TIBURON (Tax I.D. Number 94-1576861)
(hereinafter referred to as "TOWN").
WITNESSETH:
In consideration of the mutual promises set out below TOWN and COUNTY agree as follows:
I. (A) The services to be performed, (B) the time within which said services are to
be performed, (C) the amount of compensation and (D) the schedule for payment of such
compensation shall be specified in Exhibits attached hereto.
2. GENERAL PROVISIONS. The general provisions set forth in "Exhibit "A" are
part of this Agreement. Any inconsistency between said general provision and any other terms
or conditions of this Agreement shall be controlled by the other term or condition insofar as it is
inconsistent with the general provisions.
3. DESIGNATED REPRESENTATIVES. Sheriff Robert T. Doyle is the
representative ofthe COUNTY and will administer this Agreement for the COUNTY. PETER
HERLEY is the authorized representative for the TOWN. Changes in designated representatives
shall occur only by advance written notice to the other party.
4. EXHIBITS. All Exhibits referred to herein are attached hereto and by this
reference incorporated herein. Exhibits include:
Exhibit "A" - General Terms and Conditions
Exhibit "B" - Financial Terms and Conditions
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day
here fIrst above written.
"COUNTY"
COUNTY OF MARIN
"TOWN"
TOWN OF TIBURON
By:
By:
EXHIBIT - A
GENERAL TERMS AND
CONDITIONS OF THE
AGREEMENT BETWEEN
THE TOWN OF TIBURON AND
THE COUNTY OF MARIN
REGARDING THE DELIVERY OF
PUBLIC SAFETY
COMMUNICATIONS SERVICES
EXHIBIT - A
GENERAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN
THE TOWN OF TIBURON AND THE COUNTY OF MARIN
REGARDING THE DELIVERY OF
PUBLIC SAFETY COMMUNICATIONS SERVICES
The Tiburon Town Council and the Marin County Board of Supervisors have entered into a
contract for the delivery of public safety communications by the Marin County Sheriffs
Department's Communications Division (Marin County Communications, MCC hereafter) for
the Tiburon Police Department. This exhibit to the contract fully describes the general terms and
conditions agreed to by the County of Marin and the Town of Tiburon.
I. TELEPHONE SERVICES.
A. Emergencv telephones. MCC will receive and process all emergency telephone
calls, including 9-1-1 telephone lines and published seven digit emergency
telephone lines. All requests for police or fire response will be received and
processed by MCC for incidents within the town jurisdiction.
I. 9-1-1. Assuming approval and funding by the California 9-1-1 Program
Office, arrangements will be made with Pacific Bell to install six 9-1-1
trunk lines to receive calls from the Southern Marin cities.
a) The Selective Routing system will direct 9-1-1 callers in the town
jurisdiction to the trunk series
b) This will allow those calls to be segregated from the 9-1-1 calls
received from the unincorporated areas.
c) MCC will initiate the request for these trunks to be installed as
soon as the conceptual agreement is approved by the Town
Council.
d) The 9-1-1 Program will pay all costs associated with this change.
e) 9-1-1 equipment located at the Mill Valley Police Department will
be removed after the change over to MCC. Mill Valley is
responsible for coordinating removal of equipment by Pacific Bell.
f) MCC will answer these lines as follows: "Marin 9-1-1, what is
your emergency?"
2. Alternate emergenCV lines. Four 7-digit alternate Centrex emergency lines
will be installed, one for each city in Southern Marin. The existing
published alternate emergency numbers will be forwarded to the first
number in the new series.
a) Mill Valley - 388-0911 will be call-forwarded to alternate line #1
b) Sausalito -- 289-4141 will forward to alternate line # 1.
c) Tiburon -- 435-7360 will forward to alternate line #1.
d) Belvedere -- 435-2611 will forward to alternate line #1.
Page- I
EXHIBIT A - General Terms and Conditions for Commnnications Services
TOWN OF TIBURON
e) Roll over scheme. Alternate line #1 will rollover to line #2. Line
#2 will rollover to line #3. Line #3 will rollover to line #4. Line
#4 wills rollover to 472-0911. (472-0911 is the published MCC
emergency telephone line. It has four roll over lines.)
f) It is anticipated that the California 9-1-1 Program will reimburse
MCC for the costs associated with these lines. Any difference
between the amount the California 9-1-1 Program will fund and the
actual cost of service will be paid by the Southern Marin cities
based on the formula established in contract Exhibit B.
g) MCC will answer these lines as follows: "Marin emergency. "
3. Police Front Door Telephones. In order to assure prompt response to an
emergency in front of the police station, the phones installed at those
locations will automatically dial a specific line in MCC to be labeled
"Front Door." This telephone will be handled as an emergency line.
a) This Centrex line will busy-call-forward to Alternate emergency
line #1 following the plan described above.
b) If a silent call or hang up call is received, a police officer will be
dispatched to check each of the town police or fife stations.
4. The Town will reimburse MCC for their share of the common lines based
on the percentage formula established in the contract Exhibit B.
B. Police Deoartment business teleohones. MCC will receive police business
telephone calls only during hours when they do not have personnel in their office
to answer these lines. Non-emergency calls will initially ring at the police
department administrative offices. If personnel at the police department are not
available to answer the call, it will forward to MCC after four rings. The
dispatcher will screen the call. If it requires immediate action, a message will be
routed to the appropriate on-duty police officer. Otherwise the caller will be
forwarded to an automated attendant or voice mail system maintained by the
Town. Administrative calls misdirected to the dispatch telephone lines will be
handled by an MCC dispatcher whenever possible, however emergencies take
preeminence over administrative calls.
I. The Police Department may call forward their business line to MCC on
weekdays between 5:00 p.m. and 9:00 a.m. and at all times on weekends
or holidays.
a) Mill Valley - 389-_ will be call-forward to business line #1
b) Sausalito - 289-_ will call-forward to business line #2.
c) Tiburon - 435-_ will call-forward to business line #3.
d) Belvedere - 435-_ will call-forward to business line #4.
e) These lines will not have a rollover scheme to another line in the
MCC. If the line is busy, the next caller will be call forwarded to a
voicemail message for the respective police department. The
message will direct the caller to dial 9-1-1 for an emergency or the
Page - 2
EXHIBIT A - General Terms and Conditions for Communications Services
TOWN OF TIBURON
po lice department alternate emergency line to reach the dispatcher.
It is recommended that the caller have the option of pressing "0" to
be directly connected to the alternate emergency line.
f) MCC will answer these lines as follows: "Police Department,
Dispatcher (name). "
2. The Town will reimburse MCC for the costs associated with the lines that
specifically serve their police and fire departments.
3. The Town will reimburse MCC for their share ofthe common lines based
on the percentage formula established in the contract Exhibit B.
C. Call volume. If the business call volume negatively impacts the dispatch
operation, the po lice department agrees to find alternative methods for handling
business telephone calls.
II. COMPUTER AIDED DISPATCH SYSTEM AND COMPUTER SERVICES
A. Buv-in costs. MCC has established a formula for determining the cost for a non-
law enforcement agency to buy into the CAD infrastructure. This is charged
separately in order to repay the asset forfeiture loan that was tapped for the
original expenditure, or it will be deposited to a CAD equipment replacement
fund. The cost is based on each agency's call volume compared to the total call
vo lume of other agencies utilizing the CAD system. There will be no cost to the
law enforcement agencies for buying into the CAD.
S. CAD hardware reauired for dispatch. Additional CAD workstation equipment
will be required to operate the new Southern Marin posts. The cost will be based
on the price quoted from PRC Public Sector, Inc. for new PC's, each with a dual
video card, two SVGA color monitors, Glenco security device, operating system
software and program licensing, and connectivity to the host. The cost charged to
the city or town would be their percentage based on the actual costs for 1-1/3
CAD workstations. This cost is described in the equipment section of Exhibit B.
C. Unit status function. MCC will maintain accurate status of all available Town
police units, including police personnel apparatus. The Police Department will
provide MCC with unit status changes as they occur. MCC maintains a unit
history report for all police units on-line for thirty days. Additional unit history
reports can be provided from the back up tapes.
I. Radio orocedures. The Police Department agrees to utilize radio
procedures that conform to the CAD procedures. This will reduce the
possibility of error by the dispatcher and increase the speed of an inquiry
into CLETS during a traffic stop or subject contact.
2. Police Unit availability. The Police Department will notify MCC as soon
as their personnel are available for dispatch to events. The Police
Department will notify MCC of officer identification, beat assignment and
radio call identification at the beginning of each shift and whenever there
Page - 3
EXlDBIT A - General Terms and Conditions for Communications Services
TOWN OF TIBURON
is a change in unit responsibilities. The Police Department supervisor will
notifY MCC of any changes in the dispatch assignment at the beginning of
each shift or whenever there is a change. The Police Department agrees to
conform to the LOGON procedure utilized by the MCC.
D. Incident status. MCC will record all police and fire calls for service and any
incident requiring a police incident report or police case report in an incident log.
The incident log will demonstrate the real time of receipt, entry, dispatch and
closure of all incidents, as well as all unit activity associated with the incident.
E. Incident numbering. MCC records three levels of incident numbering. The Event
Number is applied to all incidents as described above. An Agency Number is
applied to an incident type associated with a particular agency. The agency can
choose which incident type will generate an Agency Number. A Case Number
may also be applied to an incident type associated with a particular agency.
Again the agency chooses which incident type will generate a Case Number.
F. Additional CAD services. MCC will assist the Police and Fire Departments
implementing additional CAD services if desired. All costs for these additional
services will be borne by the Town. Options include:
1. Downloading incident data to cns.
2. Interfacing with the existing computer system operated by the Police
Department
3. Installing one or more CAD workstations at the Police Department to
access unit status and incident information
4. Installing mobile computer terminals in the police and/or fire fleet.
G. Geofile. MCC maintains a geofile in the CAD system that indicates the police
beat and unit response order, as well as a fire station order to a particular location.
The geofile includes street name, block range, odd/even breakdown, and Thomas
Brothers and fire map page references.
1. The Police Department agrees to provide MCC with the geofile data
necessary to maintain an accurate system no later than April 30, 1999.
2. If the Police Department desires any significant changes to the geofile
after the initiation of this agreement, they will be charged the actual cost
of the change.
a) Any changes which takes more than one hour to perform by a
MCC employee off-the-console will be charged back to the Town
For example, ifthere is a major change in their map page reference
system, it would likely take eight to sixteen (or more) hours of
staff time to make the change.
b) The town could minimize this cost by having light-duty or clerical
staff trained in how to make a geofile change and performing the
work themselves. MCC personnel would supervise this work.
H. CLETS Inquires and updates. MCC will perform all CLETS inquiries for the
Police personnel in the field. MCC will perform all CLETS entries and updates
Page - 4
EXHIBIT A - General Terms and Conditions for Communications Services
TOWN OF TIBURON
for police personnel in the field that is time sensitive. The Police Department
agrees to perform as much of the CLETS entry and update work as is possible by
their Records Section personnel during nonnal business hours. MCC specifically
excludes entries and updates into the VCIN system. MCC will fax copies of
CLETS entries or updates to the Police Department within two hours of
performing the work.
I. CJIS Inquiries and updates. MCC will perform CJIS inquiries for Police
personnel in the field. The Police Department agrees to perform as much of the
CJIS work as is possible by their Records Section personnel during nonnal
business hours. MCC specifically excludes entries and updates into the CJIS
system.
III. TECHNICAL ISSUES
A. Console costs. MCC will install 1-1/3 console positions to satisfy the agreement
with the Southern Marin police agencies. The County of Marin is financing the
purchase independent of the MERA system. The Town will reimburse the
County for its share of the cost based on the percentage of use identified in the
agreement. This money will be placed in a fund to pay for the change order with
Motorola.
B. Interim equioment costs. MCC will coordinate the installation of any equipment
required to satisfy the agreement with the Southern Marin police agencies. The
Town will pay the service provider their share of the cost based on the percentage
of use identified in the agreement. The equipment required include radio
transmitter control of the primary and secondary channels operated by the
Southern Marin police agencies and audio signal from the voting receiver
comparator located at the Mill Valley Public Safety Building.
1. The Marin County DPW Communications Maintenance Division (Radio
Shop) will coordinate the installation and maintenance of telephone
facilities required to operate the Southern Marin communications systems.
2. The Radio Shop will charge the MCC for the costs herein.
3. The Town will reimburse MCC for their share of the common lines based
on the percentage formula established in the contract Exhibit B. Any costs
attributable to only one Town will be fully charged to that Town and not
shared with the others.
4. After the Southern Marin cities transition to the MERA system, the
interim equipment will be disconnected from the MCC. The Town will
reimburse MCC for their share of disconnecting the common lines based
on the percentage formula established in the contract Exhibit B. Any costs
attributable to only one Town will be fully charged to that Town and not
shared with the others.
Page - 5
EXHIBIT A - General Terms and Conditions for Communications Services
TOWN OF TIBURON
C. MERA Svstem. The MERA system talk group plan for the Southern Marin
agencies is not completed. It is presumed that it will be similar in scope to the
existing channel configuration consisting of one primary channel and one or more
secondary tactical channels. The agreement for communications services assumes
that there will be no more than one primary dispatch channel (talk group) to
handle all of the agencies contracting with the County for communications
service.
IV. OPERATIONAL ISSUES
A. Policies and procedures. The Town departments are responsible for establishing
their departmental policies and procedures on dispatching services in conjunction
with the Sheriff's Department Communications Division.
B. Law Enforcement Dispatch User's GrouP. The Law Enforcement Dispatch
User's Group consisting of representatives from each of the police departments
contracting with the County, as well as MCC.
1. The LE-DUG will meet at least monthly to review issues and provide
input to the operation of the contract for service and other matters.
2. The LE-DUG will develop a mission statement for the committee, identify
goals and objectives and produce an annual report ofMCC activities as
they relate to the common issues of the contract agencies.
3. The LE-DUG will develop practices, policies and procedures common
areas of contract service operations for the Sheriff to implement. The
Sheriff will not reject or substantially modify any practices, policies and
procedures without first meeting and conferring with the Police Chief's (or
designee) from the contracting agencies.
C. Conflict Resolution. The supervisory personnel from the Police or Fire
Departments should attempt to resolve problems involving dispatch by contacting
the Communications Center shift supervisor as soon as possible. MCC provides a
Supervising Communications Dispatcher on each shift to provide oversight of
operational activity and personnel supervision. Any unresolved or repetitive
problems should be referred to the Communications Dispatch Manager. Serious
problems occurring after-hours should be referred to the Sheriff's Department
Watch Commander. The Dispatch Manager and the Watch Commander are
available 24-hours a day by pager. A service report form will be developed to
document situations requiring follow up.
D. Coordination with town/town public works department. MCC will maintain an
on-call directory for public works and other municipal services in the event of an
after-hours emergency. MCC will monitor the Marin County DPW radio channel
F20 to communicate with the Town DPW units after hours.
E. Disaster operations: interaction with emergencv operations centers. MCC will be
the primary point for dispatching day to day emergencies. In the event the Town
emergency operations center is activated, there will be a need to modify how
incidents are handled, especially for a large-scale event which has truly exhausted
Page - 6
EXHIBIT A - General Terms and Conditions for Communications Services
TOWN OF TIBURON
local resources. The details of the interaction between MCC and the Town EOC
will be developed when the policies, practices, and procedures are written.
F. Police radio identifiers. To avoid conflict with the Sheriff's Department radio
identifiers, Police Department radio identifiers will need to be modified to
eliminate the duplication of numbers.
G. Restraining order files. MCC will maintain restraining orders which list a town
address. MCC will enter restraining orders into the CLETS ROS file according to
the legal requirements.
H. Verifying status of 001 ice reoorts. California DOJ and FBI NCIC require that law
enforcement agencies entering data into various state or federal computer systems
be able to verify the status of the records within ten minutes. Outside of normal
business hours, when MCC receives a request to verify the status of an
outstanding DOJ or NCIC record, the Police Department will have an officer
return to the station to validate the information.
I. Soecial events. The Town will notify MCC of any planned special events at least
thirty days in advance. If extra personnel are required to handle the unusual
workload caused by a special event, the Town agrees to reimburse the County for
this direct cost. This will be reviewed and agreed to in advance of the event.
V. STAFFING
A. Minimum shift staffmg. MCC agrees to add the following staffmg level to handle
Southern Marin communications services. This assumes that all four Southern
Marin cities enter into similar agreements with the County of Marin.
24-hour post assigned to contract services 1 Communications Dispatcher
8-hour post assigned to contract services 1 Communications Dispatcher
The current minimum staffmg configuration is:
1 Supervising Communications Dispatcher
Day shift 0700-1520 4 Communications Dispatcher
1.5 Jail Control Dispatcher
1 Supervising Communications Dispatcher
Swing Shift 1500-2320 4 Communications Dispatcher
1.5 Jail Control Dispatcher
1 Supervising Communications Dispatcher
Night shift 2300-0720 3 Communications Dispatcher
1 Jail Control Dispatcher
Page - 7
EXHIBIT A - General Terms and Conditions for Communications Services
TOWN OF TIBURON
VI. OTHER GENERAL PROVISIONS
A. County and/or City shall have the right to terminate this Agreement at any time by
giving notice in writing one hundred and eighty days (180) prior to the date of
such termination to the other. On the date of termination the County shall
immediately cease rendering the services required by this Agreement, and the
following shall apply:
I. City shall pay County at the termination of the Agreement any and all bills
outstanding for the services rendered by the County to the date of
termination pursuant to this Agreement. County shall furnish to City such
fmancial information as, in the judgment of the City, is necessary to
determine the amount due for the services rendered by County. In the
event of a dispute as to the reasonable value of the services rendered by
County, the decision of the County shall be final. The foregoing is
cumulative and does not affect any right or remedy which City or County
may have in law or equity.
2. County may terminate its services under this Agreement upon thirty (30)
working days written notice to the City, without liability for damages, if
County is not compensated according to the provisions of the Agreement
or upon any other material breach of the Agreement by City, provided that
County has first provided City with a written notice of any alleged breach,
specifying the nature ofthe alleged breach and providing not less than ten
(10) working days within the City may cure the alleged breach.
3. City may terminate its services under this Agreement upon thirty (30)
working days written notice to the County, upon any other material breach
of the Agreement by County, provided that City has first provided County
with a written notice of any alleged breach, specifying the nature of the
alleged breach and providing not less than ten (10) working days within
the County may cure the alleged breach.
B. This Agreement, together with its specific references, exhibits and attachments,
constitutes all of the agreements, understandings, representations, conditions,
warranties and covenants made by and between the parties hereto. Unless set forth
herein, neither party shall be liable for any representations made express or
implied.
C. No modification or waiver of any provisions ofthis Agreement or its attachments
shall be effective unless such waiver or modification shall be in writing, signed by
all parties, and then shall be effective truly for the period and on the condition,
and for the specific instance for which given.
D. If any term, covenant, condition or provision ofthis Agreement is held by a Court
of competent jurisdiction to be invalid, void or unenforceable, the remainder of
the provision and/or provisions shall remain in full force and effect and shall in no
way be affected, impaired or invalidated.
Page. 8
EXHIBIT A - General Terms and Conditions for Communications Services
TOWN OF TlBURON
E. This Agreement may be executed simultaneously and in several counterparts,
each of, which shall be deemed an original, but which together shall constitute
one and the same instrument.
F. In any action at law or in equity, including an action for declaratory relief,
brought to enforce or interpret provisions of this Agreement, each party shall bear
its own costs, including attorney's fees.
G. Unless otherwise expressly waived in writing by the parties hereto, any action
brought to enforce any of the provisions hereof or for declaratory relief hereafter
shall be filed and remain in a Court of competent jurisdiction in the County of
Marin, State of California. The laws of the State of California shall govern this
Agreement and all matters relating to it.
H. Each individual executing this Agreement on behalf of their public agency
represents and warrants that he or she is duly authorized to execute and deliver
this Agreement on behalf of the public agency in accordance with a duly adopted
resolution of the Governing body of said public agency in accordance with the
laws ofthe State of California. The City shall deliver to the County a certified
copy of the resolution ofthe City Council authorizing and ratifying the execution
of this agreement. The County shall within thirty (30) days of the receipt of the
City's resolution deliver to the City a certified copy of a resolution of the Board
of Supervisors authorizing or ratifying the execution of this Agreement.
I. All notices and demands of any kind which either party may require or desire to
serve on the other in connection with this Agreement must be served in writing
either by personal service or by registered or certified mail, return receipt
requested, and shall be deposited in the United States Mail with postage thereon
fully prepaid, and addressed to the party so to be served as follows:
rfto County:
Board of Supervisors, County of Marin
Civic Center, Room 315
3501 Civic Center Drive
San Rafael, CA 94903
and to:
Sheriff, County of Marin
Civic Center, Room 145
3501 Civic Center Drive
San Rafael, CA 94903
If to City:
"."\ ... "ll ".dLy 'TololN 0 (: ,. Ilh/lU 11/
Attn: .., Manager
'1J ~ l I LL_ . I ~ () s- r I IS /I e.IA/ <lLVCl.
Hi:!'" .. n i."_ J IJ 11 T/4vIl!QAI, ('.4 'f,{'I2-0
Each party shall provide the other with telephone and written notice of any
change of address as soon as practicable.
Notices given by personal delivery or acknowledged shall be effective
immediately.
Page - 9
EXHIBIT A - General Terms and Condition. for Communication. Services
TOWN OF TIBURON
VII. RESPONSIBLE PARTIES
B.
499-7250 507-4126
499-7250 507-4126 dfinne an marin. or
499-7250 507-4126
Bill McMurra Communications Mana er 499-7244 499-3636 bmcmurra marin. or
Cokie L inski Traini Coordinator 507-4123 499-3636 cle inski marin.or
Rich Brothers Su 'sin Ois atcher 499-7410 499-3636 rbrothers marin.or
Kath Broderick Princi I Anal 51 499-7062 kbroderic m rin.or
Page - 10
EXHIBIT - B
FINANCIAL TERMS AND
CONDITIONS OF THE
AGREEMENT BETWEEN
THE TOWN OF TIBURON AND
THE COUNTY OF MARIN
REGARDING THE DELIVERY OF
PUBLIC SAFETY
COMMUNICATIONS SERVICES
EXHIBIT - B
FINANCIAL TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN
THE TOWN OF TIBURON AND THE COUNTY OF MARIN
REGARDING THE DELIVERY OF
PUBLIC SAFETY COMMUNICATIONS SERVICES
The Tiburon Town Council and the Marin County Board of Supervisors have entered into a
contract for the delivery of public safety communications by the Marin County Sheriffs
Department's Communications Division (Marin County Communications, MCC hereafter) for
the Tiburon Police Department. This exhibit to the contract fully describes the [mancial terms
and conditions agreed to by the County of Marin and the Town of Tiburon.
I. ADMINISTRATION
A. Determination of percentage of use. In order to determine the fair share cost for
each police department to contract with MCC, the number of calls for service per
year will be the basis for identifying the percentage of use by each agency. If
other agencies contract with the County for communications services, the
percentage of use will be adjusted accordingly.
E ACTIVITY .
';_,' . 'Pdfce
"SauSaIlto Police
'~.11buron ~olice
,.8eMldere Police
,,", ..' Total
1998'
6,388
5,514
3,889
1,232
25,099
..F!eti:ent.
37.5%
32.4%
22.8%
7.2%
100.0%
B. Administrative fee. The administrative fee reflects the County's cost associated
with administering the contract and other related expenses. The administrative
fee is provided in section II of this exhibit..
C. Start UP fee. Normally MCC charges a one-time start-up fee that equals 25% of
the first year operational costs. That fee is waived for any Southern Marin agency
that signs an agreement with the County of Marin for service with MCC by July
I, 1999 and committing to a to a minimum three-year term of service for police
communications service with MCC. The term of the service begins on July I,
1999.
D. Cost containment. In the event other agencies in Marin County decide to contract
with the County for communications services, there will not be an increase in cost
caused by the new contract to the existing contracting agencies.
E. Cost sharin~. If an additional agency (other than Sausalito, Tiburon or Mill
Valley) contract with the County, they may be a need to increase staffmg and
adjust the formula which produces the percentage of cost attributed to the
contracting agencies. If a new agency is added and it is determined that two fully
staffed dispatch positions are required to met the needs of all of the contracting
Page- I
APPENDIX B - Financial Terms and Conditions for Commnnieations Services
TOWN OF TIBURON
staffed dispatch positions are required to met the needs of all ofthe contracting
agencies (an increase of 2/3 dispatch positions, the new agency will have to fund
the total cost of the increase. A new shared cost formula would be detennined.
The new agency would be added to the formula, which would most likely change
the percentage rates, potentially reducing the overall costs to the other agencies.
II. COST SUMMARY
$3,164
$4,837
$96,748
$104,749
$1,648
$5,031
$100,618
$107,297
$1,648
$5,207
$104,140
$110,995
$1,648
$5,467
$109,347
$116,462
$1,648
$5,741
$114,814
$122,203
III. TELEPHONE LINES COSTS
The cost of the telephone lines required to perform this contract will be paid for by the
Town based on two factors.
A. Common benefit. The cost of telephone lines that have a common benefit to each
of the cities in Southern Marin will be paid for by each ofthe participating cities
based on the formula established in section I - A.
B. Exclusive benefit. The cost of telephone lines that have an exclusive benefit to a
particular Town will be paid for by that Town.
C. Billing. The County will be billed by the telephone service provider for the cost
of the service for telephone lines terminating in the MCC. Based on the benefit
received, the Town will reimburse the County for the actual cost of services
provided.
D. Cost. The telephone costs for the Town are as follows:
Page - 2
APPENDIX B - Financial Terms and Conditions for Communications Services
TOWN OF TIBURON
IV. RADIO SERVICE COSTS
The cost of the radio service required to perform this contract will be paid for by the
Town based on two factors.
A. Common benefit. The cost of radio service that have a common benefit to each of
the cities in Southern Marin will be paid for by each of the participating cities based on the
formula established in section I - A.
B. Exclusive benefit. The cost of radio service that has an exclusive benefit to a
particular city will be paid for by that city.
C. Billing. The County will be billed by the Marin County Public Works
Department Communications Maintenance Division for the cost of the service for lines and
equipment terminating in the MCC. Based on the benefit received, the Town will reimburse the
County for the actual cost of services provided.
D. Cost. The telephone costs for the Town are as follows:
,,'~1,)"~,>V~()E~l't) ,'1.
':1:1(......
.*'~..
V. PAYMENT AND BILLING
A. Billing. The County shall submit requests for payment on a quarterly basis. The
payment requests will be submitted no later than the tenth (lOth) of the quarterly
month following provision of services.
B. Special Circumstances. Additional costs may be incurred up to a maximum of
$5,000 with the written approval of the designated Town Representative for this
Agreement.
Page - 3
TIBURON TOWN COUNCIL
STAFF REPORT
Meeting:
To:
From:
Subject:
April 21, 1999 Item:
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
FISCAL YEAR 1998-99 FINANCIAL REPORT-
3rd QUARTER, AS OF MARCH 31, 1999
-=*9
BACKGROUND
This Staff Report provides surrumuy narrative and fmancial information concerning the General Fund
Operating Budget, Capital Improvement Program Status, and Fund Resources of the Town for Fiscal Year
1998-99, through the 3rd Quarter (ended March 31, 1999), and includes projections to year-end closing on
lune 30, 1999.
SUMMARY
Staff currently projects that the General Operating Budget will be in surplus by approximately $195,000 by
fiscal year-end. The estimated year-end General Fund Unallocated Reserve balance will be nearly $843,000.
By fiscal year-end it is currently estimated that combined General Fund Reserve resources will total
approximately $,598,000.
Over $600,000 in Street Improvement Projects and $700,000 in major Drainage Improvements in the Bel
Aire Area are underway and in progress. The New Police FacilitylEOC Construction Project is also in
progress, and the Elephant Rock Improvement Project will be completed in the coming weeks.
Preliminary actions have been adopted in connection with the Downtown Main Street ADA Improvement
Project & Assessment District.
SECTION ATTACHMENTS
1.
2.
3.
Operating Budget
Capital Improvement Program
Fund Resources
(~
R. Strann
By:
GENERAL FUND OPERATING BUDGET
SUMMARY STATUS
As revised and projected to year-end the operating budget will be in surplus by nearly $195,000, and the
estimated Unallocated Reserve balance will be approximately $843,000.
Revenues
Expenditures
Operating Net:
Adopted Revised Y-T-D Projected Variance
Budget Budget 3-31-99 6-30-99
$3,511,700 $3,756,700 $2,538,000 $3,760,000 $3,300
3,456,600 3,567,400 2,631,000 3,565,000 2,400
$55,100 $189,300 ($93,000) $195,000 $5,700
Reallocation to reserves
- Police Bldg Project
- Main St. ADA Project
- Streets Projects
T olaI Reallocations
o (336,000) (336,000) (336,000) 0
o (60,000) (60,000) (60,000) 0
o (156,000) (156,000) (156,000) 0
-----------------------------------------------------------------
___________~~__5~~~32~~~2___5~~~32~~~2___5~~~32~~~2___________~~
Adjusted Net:
$55,100
($362,700)
($645,000)
($357,000)
$5,700
Opening Fund Balance
Closing Fund Balance
$1,200,000
$1,255,100
$1,200,000
$837,300
$1,200,000
$555,000
$1,200,000
$843,000
$5,700
Notes to Table:
(I) Appropriation figures for budgeted Revenues, Expenditures, and Transfers are revised, and include
and incorporate changes that have been approved since adoption of the budget in July 1998.
(2) The current estimated year-end Unallocated Reserve balance of $843,000 is nearly 24% of the
operating expenditure budget.
(3) The transfer (in January 1999) of $156,000 from the General Fund Unallocated Reserve to the Gas
Tax Fund represents a loan of monies that will be repaid to the Unallocated Reserve with subsequent
Gas Tax proceeds.
(4) A total of $225,000 is owed by the Redevelopment Agency (RDA) to the General Fund Unallocated
Reserve (advanced from the General Fund for the Ned's Way Senior Housing Project.) These Funds
will be repaid when the site is sold to the project developer.
(5) 10 total, $381,000 is owed to the General Fund Unallocated Reserve Fund.
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31. 1999
Town Council Meeting of April 21, 1999
2
GENERAL FUND OPERATING BUDGET
Adopted Revised Projected Variance Notes
Budget Budget 6-30-99
Property Taxes 1,150,000 1,175,000 1,175,000 0 revised budget
Sales Taxes 430,000 490,000 490,000 0 revised budget
State Motor Vehicle 347,000 347,000 347,000 0
Transient Occupancy Tax 290,000 290,000 290,000 0
Building Permits 190,000 260,000 260,000 0 revised budget
Business License (reg) 125,000 125,000 135,000 10,000
Property Transfer Tax 90,000 90,000 90,000 0
Design Review 75,000 75,000 75,000 0
Investment Earnings 80,000 120,000 120,000 0 revised budget
ParkingIV eh Code Fines 87,000 137,000 127,000 (10,000) revised budget
All other revenue 647,700 647,700 651,000 3,300 planning fees
Adopted Revised Projected Variance Notes
Budget Budget
Salary & Wages 1,854,400 1,864,900 1,837,900 27,000 police, planning
Employee Benefits 349,700 367,200 361,200 6,000 see above
Supplies & Expenses 68,200 70,600 75,000 (4,400)
Conferences, Memberships 49,800 44,500 50,000 (5,500)
Contractual Services 184,300 249,900 250,000 (100)
Insurance 113,200 113,200 113,200 0
Intergovt & IP A 336,700 338,300 340,000 (1,700)
Equipment & Maintenance 243,800 234,900 250,000 (15,100) vehicle, eqnipment,
street light pole
maintenance costs
Utility & Communication 115,800 115,800 120,000 (4,200)
Special Dept Administrative 34,000 61,400 61,000 400
Allocated Engineering (15,300) (15,300) (15,300) 0
Capital Outlay Allowance 122,000 122,000 122,000 0
REVENUE & EXPENDITURE OBJECTS - VARIANCE
1. REVENUE ITEMS
Revenue vanance
I $3,511,700 I $3,756,700 I $3,760,000 I
2. EXPENDITURE OBJECTS
Expenditure variance
I $3,456,600 I $3,567,400 I $3,565,000 I
GENERAL REVENUES
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Council Meeting of April 21,1999
$3,300 I
$2,400 I
3
GENERAL FUND OPERATING BUDGET
Summary Status:
Year.to-date revenues are $2,538,000, or 67% of revised budget totals. At
this time, projected June 30, 1999 total revenue totals is - $3,760,000.
Property Taxes:
The 1st installment of Property Taxes (55%, at $600,000) has been
received. Revenues are ahead of budget due to growth in assessed valuation
and annexation activity. The budget estimate is revised upward by $25,000.
Other Taxes:
Sales Tax-2nd quarter revenue is up 7%.8% over the same period a year
ago - the budget estimate is revised upward by $60,000..
Franchise Fees:
These revenues are projected to be as budgeted. Refuse and Cable revenues
are received quarterly (2 quarters received to-date.) PG&E is received
annually in April.
Fines & Forfeitures:
In aggregate revenues will be $10,000 less than revised budget. Vehicle
Code Fine revenue is well.over adopted budget by 400% (at $52,000, due
to State Budget legislation), accordingly the budget estimate is revised
upward by $50,000. Other fine revenue is revised downward by $10,000,
based on activity and trend data.
Interest Earnings:
Revised budget increase by $40,000 to $120,000. Revenue is based on the
overall level of unexpended General Fund Reserve resources. As the Police
Building Project progresses, the interest earning bases will be reduced.
Other Agency Revenue:
Projected to be less than budget by approximately $10,000, for State
reimbursed public safety training costs.
Licenses & Permits:
In aggregate, projected to ahead of the revised budget estimate by $15,000
based on increase in regular Business Licenses, and license proceeds
associated with construction activity, and planning permit activity.
Charges for Service:
Projected to be slightly ahead of budget (by $8,300) due to increased
Planning and Building fees.
Other Revenue:
Projected to be as budgeted.
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Council Meeling of April21, 1999
4
GENERAL FUND OPERATING BUDGET
GENERAL FUND EXPENDITURES
Summary Status
Year-to-date expenditures are $2,631,000 or 73% of revised budget.
Current projected June 30, 1999 expenditures are - $3,565,000. Projections
are based on the revised budget appropriation figures for all Departments.
Town Attorney:
Projected savings ($10,000) in contractual litigation costs.
Town Administration:
Some overage ($2,700) associated with department supplies and
telecommunication.
Administration Building:
Overage of $2,000 associated with special maintenance and alterations.
Risk Management:
Projected as budgeted. All costs recharged to Departments.
Planning:
Some overage ($6,000) associated with utilization of contract planner while
staff position was open.
Building Inspection:
Projected as budgeted. Construction-related revenues and other Department
fees support services.
Police Department:
Projected budget savings of $20,000 - salary savings associated with the
vacant Officer position will be partially offset by overtime costs (with net
savings of$15,000). Southern Marin Dispatch costs will be $12,000 less
than budget.
Police Building:
Projected as budgeted.
PW Streets Maintenance:
Projected overage of $7,000, for vehicle and equipment maintenance costs.
Street & Signal Light System: Projected overage of $7,500, for street light pole replacement and special
maintenance.
PW Parks Maintenance:
Slight overage associated with materials and supplies.
PW Corporation Yard:
Projected as budgeted.
Town Engineer:
Projected as budgeted.
Town Council:
Some overage ($2,000) associated with conference and meetings.
Town Commissions:
Projected as budgeted.
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Council Meeting of April 21, 1999
5
GENERAL FUND OPERATING BUDGET
OTHER FINANONG SOURCES (USES):
The Town has contributed $60,000 toward the Downtown Main Street ADA Improvement Project. These
monies were transferred from the General Unallocated Reserve.
In January 1999, Town Council approved the transfer of $ 156,000 from the General Fund UnaIlocated
Reserve to the Gas Tax Fund. This represents a loan of monies that will be repaid to the UnaIlocated Reserve
with subsequent Gas Tax proceeds.
The total 1999 budget for the New Police/EOC Facility Project is $2,042,000. A total of $336,000 has been
transferred from the General Unallocated Reserve to the New Police Facility Reserve Fund to complete
fimding of the project.
Finally, a total of $225,000 is owed by the Redevelopment Agency (RDA) to the General Fund UnaIlocated
Reserve (as advanced from the General Fund to the RDA for the Ned's Way Senior Housing Project.) These
Funds will be repaid when the site is sold to the project developer.
Financial Report, Fiscal Year 1998-99. 3rd Quarter. March 31, 1999
Town Council Meeting of April 21. 1999
6
GENERAL FUND OPERATING BUDGET
OVERVIEW OF REVENUES & EXPENDITURES
Adopted Revised Actual Estimated Variance
Budget Budget 3-31-99 to Close ( unfvr)
REVENUES:
Prooertv Taxes 1,150,000 1,175,000 696,000 1,175 000 0
Other Taxes 869,000 929,000 577,000 929,000 0
Franchises 257,000 257,000 94,000 257,000 0
Fines & Forfeitures 99,500 149,500 99,000 139,500 ([ 0,000)
Investment Earnings 80,000 120,000 92,000 120,000 0
Intergovemment & Agency 396,100 396,100 325,000 386,100 ([ 0,000)
Licenses & Pennits 455,700 525,700 483,000 540,700 15,000
Charges for Service 105,500 105,500 104,000 113,800 8,300
Other Revenues 98,900 98,900 68.000 98,900 0
Total revenues: $3,511,700 $3,756,700 $2,538,000 $3,760,000 $3,300
EXPENDITURES:
Town Attornev 163.400 164.900 76,000 155,000 9,900
Town Administration 539,800 547,300 427,000 550,000 (2,700)
Administration Building 31,800 31,800 29,000 34,000 (2,200)
Planning 295,000 298,800 227,000 305,000 (6,200)
Building Inspection 149,700 203,900 155,000 203,000 900
Police 1,608,800 1,628,100 1,199,000 1,608,000 20,100
Police Building 17,800 17,800 14,000 18,000 (200)
PW Streets Maintenance 326,400 323,800 256,000 331,000 (7,200)
Town Engineer 45,000 45,000 22,000 45,000 0
Street & Signal Light System 45,500 45,500 32,000 53,000 (7,500)
PW Parks Maintenance 186,600 213,700 163,000 215,000 ([ ,300)
PW Corporation Yard 26,800 26,800 16,000 26,000 800
Town Council 16,000 16,000 14,000 18,000 (2,000)
Town Commissions 4,000 4,000 1,000 4,000 0
Total expenditures $3,456,600 $3,567,400 $2,631,000 $3,565,000 $2,400
NET REVENUES less $55,100 $189,300 ($93,000) $195,000
EXPENDITURES
Transfers 0 (552,000) (552,000) (552,000) 0
Fund Balance, Julv I 1,200,000 1,200,000 1,200,000 1,200,000
Fund Balance June 30 $1255 100 $837 300 $555 000 $843 000
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Counci/Meeting of April 21, 1999
7
CAPITAL IMPROVEMENT PROGRAM
STREETS IMPROVEMENTS:
Street improvement projects are underway and nearing completion.
In October 1998, Town Council awarded the contract for street repairs to Ghilotti Bros. Included for
completion were carry-forward 1998 projects, some in the Belveron Area, as well as projects to be dooe in
conjuoction with the Couoty Flood Control Zone (FCZ4) Bel Aire Area Project In January 1999 , Town
Council approved an advance of monies from the General Fund Unallocated Reserve to the Gas Tax Fund to
undertake projects previously planned for FY 1999-2000. Approximately $688,000 is appropriated for the
aforementioned street projects.
In December 1998, The Marin County Congestion Management Agency indicated that the Town will receive
State Transportation Funding (STlP) in the amount of $247,000 for roadway rehabilitation and overlays for
streets recommended by the Town Engineer. STIP-funded projects will be undertaken in FY 1999-2000.
DRAINAGE IMPROVEMENTS:
In August 1998, Town Council approved the agreement between the County Flood Control Zone Four
(FCZ4) and the Town to perform major street, sidewalk and storm drainage improvements in the Bel Aire
Area. The Town agreed to perform significant street improvements in the Area, and FCZ4 agreed to fund at
least $700,000 in curb, gutter and sidewalk improvements. The project is in progress, and fmal expenditures
will be approximately $900,000, and will require additional FCZ4 funding..
The Greenwood Beach Road Easement Project - which requires Town, FCZ4 and homeowner funding is
pending. Paseo Mirasol inlet and storm drainage repairs are uoderway.
COMMUNITY DEVELOPMENT IMPROVEMENTS:
The New Police Facility Project is in the construction phase, and is about 60% complete. Fuoding for the
Elephant Rock repair and renovation project has been secured and the project is under construction. Some
projects are complete: air conditioning has been installed in the Town Hall building; new street light fixtures
have been installed on Main Street; eight new recycling receptacles have been placed in public park areas; and
the Town contributed funds toward the Tiburon Boulevard median landscaping project
REDEVELOPMENT IMPROVEMENTS:
The agency s funded improvements of the TEAlHilarita Community Room ($39,000) Final implementation
of the Ned's Way Senior Housing Project (during 1999) will result in the sale of the site to the developer, at
which time advances from the General Fund and LowIModerate Housing Fund will be repaid.
TRANSFERS & REALLOCATIONS FOR PROJECTS:
In January 1999, Council authorized the transfer of$156,000 from the General Unallocated Reserve to the
Gas Tax Fund, to undertake streets projects previously planned for FYI999-2000. The Town has aJso
agreed to contribute $60,000 to the Downtown Main Street ADA Improvement project; this may be from
General Unallocated Reserve Funds.
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Council Meeting of April 21, 1999
8
CAPITAL IMPROVEMENT PROGRAM
STREET & SInEW ALK IMPROVEMENTS
Project Funding Source Budget YTD Estimated
3-31-99 1999 Final
1 Apollo Road State Gas Tax 36,000 22,000 42,400
2 Beach Road State Gas Tax 15,000 9,000 19,300
3 Blackfield Drive State Gas Tax 79,400 49,000 79,400
4 Cayford Drive State Gas Tax 12,000 7,000 10,300
5 Cecilia Way, lower State Gas Tax 35,000 22,000 33,200
6 Centro West State Gas Tax 33,000 20,000 24,700
7 Claire Way State Gas Tax 46,000 28,000 50,100
8 Corte Las Casas State Gas Tax 10,000 6,000 9,200
9 Corte Palos Verdes State Gas Tax 16,000 10,000 23,900
10 Greenwood Beach Road State Gas Tax 40,000 0 0
11 Harriet Way State Gas Tax 8,000 5,000 8,000
12 Juno Road State Gas Tax 43,000 26,000 51,300
13 Karen Way State Gas Tax 58,000 36,000 75,700
14 Leland Way State Gas Tax 30,000 18,000 31,600
15 Mercury Road State Gas Tax 63,000 39,000 87,900
16 Pamela Court State Gas Tax 13,100 8,000 13,100
17 Racoon Lane, seal State Gas Tax 8,000 5,000 4,400
18 Reed Ranch Road . State Gas Tax 20,000 12,000 33,300
19 Southridge West State Gas Tax 23,000 14,000 39,900
20 Southridge Road State Gas Tax 17,700 11,000 17,700
21 Sidewalk-Hilary @ Del Mar Streets Drainage Resv 15,000 7,000 7,000
22 Sidewalk-Pine Terrace Streets Drainage Resv 900 0 900
23 Provision-miscellaneous repair State Gas Tax 10,000 3,000 10,000
24 Engineering-allocated Cost State Gas Tax 15,000 0 15,000
DTOTALS:
$647,100 I $357,000 I $688,300 I
DRAINAGE IMPROVEMENTS
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Council Meeting of April 21, 1999
9
CAPITAL IMPROVEMENT PROGRAM
DRAINAGE IMPROVEMENTS
Project Funding Source Budget YTD Estimated
3-31-99 1999 Final
I Greenwood Beach Road Homeowners, $56,000 92,000 0 92,000
Easement FCZ4, $10,000
Streets & Drainage
Resv, $26,000
2 Paseo Mirasol, drop inlet Streets-Drainage Resv 5,000 4,400 4,400
3 Greenwood Beach Road, Streets-Drainage Resv 15,000 0 15,000
culvert
4 Reed Ranch Road, creek bank Streets-Drainage Resv 5,000 0 5,000
reparr
5 Flood Control Zone 4 - County FCZ4 Grant 700,000 743,000 900,000
Bel Aire, curbs, gutters,
sidewalks
6 Provision-miscellaneous repair Streets-Drainage Resv 10,000 35,000 10,000
TOTALS: $827,000 $782,400 $1,026,400
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Council Meeling of April 21, 1999
10
CAPITAL IMPROVEMENT PROGRAM
COMMUNITY DEVELOPMENT & REDEVELOPMENT PROJECTS
Project Funding Source Budget YTD Estimated
3-31-99 1999 Final
I Belveron Mini Park Park Dev Resv 1,500 0 1,500
2 Elephant Rock Repairs HUD Graot ($125K 155,000 24,000 155,000
Private Graots ($20K)
Park Dev Resv ($IOK)
3 Downtown Main Street - Street Capital Outlay Resv 20,000 24,200 24,200
Light Replacement
4 Town Hall Building - Air Property Development 25,000 24,600 24,600
Conditioning
5 Public Area - Recycling Park Dev Resv 4,900 4,800 4,800
Receptacles
6 TEA/Hilarita - Improvement of Redevelopment 39,000 39,000 39,000
Community Room Housing
7 Ferry Dock Realigmnent - State CTC Graot 35,000 0 35,000
Engineering ($35K) (7IOK)
Project Construction ($675K)
8 Tiburon Boulevard Mediao Tiburon Blvd Imprv 5,000 6,800 6,800
Laodscaping
9 New PolicelEOC Facility NPF Resv ($1,736K) 2,042,000 842,000 2,042,000
OES Graot ($ I 66K)
Tiburon Blvd ($140K)
10 Public Works Corp Yard- Property Development 8,000 8,500 8,500
Roofmg - move up (FY2000)
D TOTALS:
I $2,335,400 I $973,900 I $2,341,400 I
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Council Meeting of April 21, 1999
11
FUND RESOURCES
GENERAL FUND RESERVES:
It is currently estimated that the June 30, 1999 balance for all Reserves of the General Fund will be
$1,598,000. The estimated General Fund Unallocated Reserve balance will be $843,000 or approxiroately
24% of the revised operating expenditure budget.
OTHER RESTRlCfED CAPITAL IMPROVEMENT FUNDS:
Estimated year-end balances (June 30, 1999):
Gas Tax Fund, $8,000.
Open space Acquisition Fund, $103,500.
Housing In-Lieu Fund, $82,000.
Marsh Restoration Fund, $117,000.
REDEVELOPMENT AGENCY FUNDS:
The Housing Set-Aside Fund has estimated current available resourceS of $53,000, however as the Ned's
Way Senior Housing Project progresses figures will be revised.
..' ..LIl=a.C1..Eisc~1 Year 1998-99, 3rd Quarter, March 31. 1999
.._"'_<:V:'i
12
FUND RESOURCES
STATEMENT OF FUND BALANCES
Estimated to June 30, 1999
Balance Revenue Expenses Transfers In Balance
Julv I Estimate Estimate (Out) June 30
GENERAL RESERVES
Unallocated I 200 000 3 760000 (3 565 000) (552000) 843 000
Capital Equip Replacement 289 000 164600 (216600) 237,000
Capital Outlav 94,000 (85 000) 9000
Emp10vee Comoensated Leave 254,000 (12,800) 241,200
New Police Facilitv 1,400,000 166,000 (J,902000) 336000 0
Park Development 45,000 145,000 (J63 900) 26100
Self Insurance 150500 600 151,100
Streets& Drainage 204,000 56,200 (J69500) 90,700
Total reserves: $3,636,500 $4,292,400 ($6,114800) ($216000) $1,598 100
OTHER RESTRICTED
FUNDS
Flood Plain 46,800 2,700 49,500
FCZ4-Bel Aire Proiect 0 900,000 (900 000) 0
LowIModerate Housing 28 000 80,000 (30,000) 78 000
Marsh Restoration 112 000 6,000 118,000
Ooen Soace Acquisition 98,000 5500 103,500
Police Supplemental Law Enfrc 20,300 20,500 (25,200) 15,600
Police Asset Forfeiture 6,400 300 6,700
Prooertv Develooment Tax 31,000 7,500 (33,500) 5,000
State Gas Tax 310,000 192,000 (650000) 156000 8,000
Street Frontage Imorv 8,600 400 9000
Main Street ADA Imorv · (30,000) 60,000 30,000
Tiburon Circulation System 19,100 6,000 25,100
Tiburon PlaVl!;round 8,400 400 8800
Tiburon Heritage & Arts 900 100 (100) 900
Tiburon Planning Area Mitig 82,700 6,000 88,700
Tiburon Boulevard Imprv 145,100 7,000 (146,800) 5,300
Total other funds: $917,300 $1,234,400 ($1,815,600) $216,000 $552,100
REDEVELOPMENT
AGENCY
General 35,100 508,500 (502,500) 41,100
Housing Set-Aside 53,075 192,000 (62500) 182,575
Total redevelooment: $88175 $700 500 ($565 000) $0 $223 675
· Funds transferred from General Unallocated for Main Street ADA Project. When project is engineered and
project costs are identified, this item will be reflected in the Capital Improvement Bbudeget Program.
Financial Report, Fiscal Year 1998-99, 3rd Quarter, March 31, 1999
Town Council Meeting of April 21, 1999
13
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 4/21/99
/0
To:
From:
Subject:
Date:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR ~
FERRY DOCK REALIGNMENT AND RECONSTRUCTION PROJECT
APRIL 16, 1999
BACKGROUND
The Town has been working for several years on a project to replace and realign the existing ferry
dock located behind Guaymas Restaurant. The current dock is privately owned and leased
exclusively to the Blue & Gold Ferry line by the property owners, Edward and Laleh Zelinsky. In
1995, the Town withdrew a previously approved ferry dock alignment due in part to objections
from Point Tiburon condominium homeowners.
In 1996, the Town Council voted to reinstate the application for $710,000 from the California
Transportation Commission in order to replace the existing dock. The fund is administered by
Caltrans. In 1998, Town Engineer Siavash Barmand requested a $35,000 advance on the grant
money for purposes of "initial project plan development". Caltrans requested additional
information prior to granting the request for the $35,000 advance.
The Town's current Deputy Town Engineer, John Hugunin, has assumed the lead role on the
ferry dock project and has forwarded additional materials to Caltrans in an effort to obtain the
initial project development funds. Mr. Hugunin is intending to focus his design efforts on the so-
called Alternative 2, shown on Exhibit A Other dock alignment alternatives not being pursued at
this time (Alternatives I and 3) are shown on Exhibits Band C
DISCUSSION
Mr. Hugunin has also developed a preliminary time line for the project which is supposed to be
completed by May 2000 in accordance with the terms of the grant. Staff considers this target
completion date highly optimistic, but if substantial progress has occurred, extension of the
funding would be expected.
Tiburon Town Council
Staff Report
4/21/99
1
In addition to project design, entitlements must be secured from BCDC, the Army Corps of
Engineers, and the Regional Water Quality Control Board. Prior Town experience with these
agencies indicates that the entitlement process may be very lengthy. In addition, the project is
subject to provisions of the California Environmental Quality Act, and at a minimum an Initial
StudyINegative Declaration process will be required. Due to the specialized nature of the project,
outside consultants would be retained for this purpose.
According to Mr. Hugunin, the design Alternative #2 poses operational and construction
complications which would have been largely avoided by the previously rejected 1995 design.
These could increase the total cost of the project, possibly beyond the grant amount.
Several other issues require further investigation and consideration by the Town. These include,
but are not limited to, consequences of public (Town ofTiburon) ownership of the ferry dock,
maintenance issues, ability to police and place reasonable restrictions on use of a publicly-funded
and owned dock, and effects of the new dock on existing businesses and ferry services.
RECOMMENDA TION
That the Town Council be prepared to discuss the matter and consider providing direction.
Additional information will be available and will be presented at the meeting.
EXHIBITS
A Preferred Alternative #2.
B. Previously rejected 199510cation and possible Alternative #1.
C. Possible Alternative #3.
Ferry dock report. doc
Tiburon Town Council
Staff Repart
4/21/99
2
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TOWN OF TIBURON
STAFF REpORT
ITEM NO. Tift.... 11= I(
MEETING DATE: 4/21/99
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR
Subject: PORTABLE RESTROOM FACILITY NEAR THE SOUTH OF THE KNOLL
CONSIDER PARKS & OPEN SPACE COMMISSION RECOMMENDATION
FOR TRIAL REMOVAL
Date: APRIL 15,1999
BACKGROUND
Completion and installation of the permanent public restroom building in the Richardson Bay
Lineal Park has caused the Town to consider retention of the single remaining portable restroom
located along the multi-use path near the South of the Knoll Playground.
The Parks & Open Space Commission (POSC) discussed this item at its meeting of April 13,
1999. The POSC took the following action
MIS Eth/Burgin (6-0) to recommend to the Town Council the short-term removal of the
remaining portable toilet on a trial basis A decision to restore the portable toilet could be
made based on the number and severity of complaints (if any) received during the trial
period.
It was the consensus of the POSC that the portable toilet was unsightly and smelly, and should be
removed at least on a trial basis. The POSC was aware that some support for keeping the
portable toilet at that location exists, primarily from South of the Knoll Playground users who
would not or can not make the trek to the permanent restroom facility.
The pose also considered options such as installing a more attractive portable toilet, and
screening the existing toilet. These options could be further explored should the decision to retain
a portable toilet at that location eventually be made.
Additional background information on this item can be found in the attachments to this report.
Tiburon Town Council
Staff Repart
4/21/99
1
The Public Works Department indicates that complaints will be received should the portable toilet
be removed.
The Finance Department notes that the Town is considering changing the provider of the portable
toilet from Port-o-San to Mill Valley Refuse, which may be able to offer a better rate. Attractive
portable toilet facilities do not appear to be available from either Port-O-San or Mill Valley
Refuse. All available portable toilets from these providers are of the usual plastic variety, or older
fiberglass models that are not ADA compliant.
RECOMMENDA TON
That the Council consider the recommendation of the Parks & Open Space Commission.
Staff is of the opinion that while aesthetic considerations are important, there are also practical
necessities. According to the Public Works Department, the portable toilet at South of the Knoll
Playground is very heavily used because of its proximity to the playground.
EXHIBITS
1. Minutes of Town Council meeting of 10/15/97.
2. POSC Staff Report dated 4/8/99.
South of knoll restroom tc report. doc
Tiburon Town Council
Staff Report
4/21/99
2
f
.
.
2. Quarterly Financial Report - First Quarter FY97.98 - (September 30, 1997) - (Accept)
3. Monthly Police Statistics - September 1997 (Accept)
4. Downtown Parking Counts - OctOber 1997 (Accept)
Council removed Item No 2 trom Consent Calendar
MOTION
Moved
Vote:
To Adopt Items 1,3 & 4 of the Consent Calendar
Thompson, Seconded by Thayer
AYES Unanimous
ABSENT Wolf
-;?
F, UNFINISHED BUSINESS
5. Restroom Facilities at Blackie's Pasture - (Approve Proposed Design and Location as
Recommended by Parks & Open Space Commission)
Planning Director Anderson said at its September 3, 1997 meeting, Council had directed Staff to
move the location of the proposed restrooms, erect story poles and send notices to the
surrounding neighbors
Anderson said Staff recommended pushing the location of the restroom facility back about 45 feet
closer to the foot of the trestle mound, adding landscaping to screen it, and making it a darker
color per the brochure distributed to Council Anderson asked Council to accept these
recommendations and said that more detail on cost estimates would be provided.
Three representatives from the Parks & Open Space Commission--ElIen Rony, Kurt Obermeyer,
and Steve Stein--were present to answer questions
Mr Obermeyer said the new location was good for privacy and that a retaining wall and
landscqping would be added Obermeyer said [Richardson Bay Sanitary District] Superintendent
Dittle had vetoed the idea of placing the restroom facility higher up on the bike path because the
cost of relocating pipes would be prohibitive (between 540 - $50,000).
,1 - -- - - - .,-- . =-_"'=-'-_.~C_':::::.;:-_:::-_'~~':"'-:;~-'::::-:-- --~. --.,-- .--...,.
Council member Ginalski wondered if the plan included removing the tem p.orary rest.room. s.' ..Mr .J
Obermever said it was possible that one might stay at the South of the Knoll location near the !
children's playground He said he understood the Town's cost to be approximately $350 per )
month to maintain all the temporary. facilities. . ______.___ _' _ .u_ .'_ //
--
--~.----- ----
Mayor Hennessy opened the public hearing.
A resident of Virginia Drive asked that the location be moved back and to the west so that he
would not see the facility trom his house
Kathleen Geary, 430 Greenwood Beach Road, thanked the Council for erecting the story poles
tJ but complained that the facility could be seen from every room in her house She asked for a
Town C()/lncil_~llnllrt.:s ;; l /:5
Octoher /5. /997
3
EXHIBIT No.i
.
.
--
.
more careful analysis of alternate sites, including the suggestion to get an easement from the
Sanitary District and placing it on their property
Kurt Lloyd, candidate for Richardson Bay SanitalY District Board, said the idea of placing the
facility on District land should be explored with the Board rather than just the Superintendent.
Ellen Rony, POSC member, said the current location had been unanimously approved by the
Commission after six months of careful study
Steve Stein, POSC member, said the Commission was sensitive to the aesthetics and had
recommended additional landscaping for the benetit of all citizens
Mayor Hennessy closed the public hearing
~-------------------..
--
Council concurred that further study was needed before all the temporary facilities were removed
Councilmember Thompson thanked the Parks & Open Space Commission and said he agreed with
the proposed location and that the proposed facility was of good quality
Councilmember Ginalski said more analysis was needed regarding the location and funding, as
well as whether to consolidate all the facilities into one.
Mayor Hennessy said she endorsed Councilmember Thompson's suggestion regarding an
enclosure around the South Knoll temporary facility.
MOTION
To adopt Staff Recommendation and Direct the Parks & Open Space Commission
to look into a more aesthetically pleasing facility at the South Knoll
Moved
Vote'
Thompson, Seconded by Thayer
AYES. Hennessy, Thayer, Thompson
NOES Ginalski
ABSENT Wolf
6. Appointment of Community Celebration Coordinating Committee - (Council Consideration of
POSC Recommendations).
Commissioner Obermeyer said the current [proposed] committee consisted of he and Margo
Zender from Parks & Open Space Commission, Victoria Arnett, Heritage & Arts Commission,
and that two to four more members were needed. He said they were looking at other sources,
such as the Tiburon Peninsula Foundation and Jt. Recreation Committee, as well as the Chamber
of Commerce, for volunteers.
Mayor Hennessy said a representative from the new Council would also be a good idea.
Town CUlll1e" JflnII tt1S ::;: J 1]5
Ouob<I" J 5. /997
~
----'--.- .
---_.._-~.-
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 1/12/99
j
To:
PARKS & OPEN SPACE COMMISSION
SCOTT ANDERSON, PLANNING DIRECTOR
RESTROOM FACILITY NEAR THE SOUTH OF THE KNOLL PLAYGROUND
JANUARY 8,1999
From:
Subject:
Date:
BACKGROUND
In late 1997, during the review and approval process for the permanent restroom facility at
Blackie's Pasture Park, issues surrounding the future of the then-existing portable restroom
facilities was raised
Some of the issues raised, and the conclusion at that time, were as follows:
. Should all the portable toilets be removed upon completion of the permanent restroom
building?
The Town Council decided to remove the two portable restrooms near McKegney Green, and
retain the single portable restroom facility nearest the South of the Knoll Playground, with a
review of the matter once the permanent restroom had been in operation for some months.
. If the decision is made to keep the single restroom nearest the Playground, should it be
upgraded to a more aesthetically pleasing portable building? (It was deemed infeasible to have
any permanent restroom building at that location).
The Town Council requested that the Parks & Open Space Commission review the question
of a more aesthetically pleasing portable restroom (see attached minutes).
ANALYSIS
Adequacy of Restroom Facilities
Concerning the adequacy of restroom facilities, staff believes that a separate portable restroom
I
EXHIBIT NO.~
should remain in the vicinity of the South of the Knoll Playground. The distance between the
Playground and the permanent restroom building is too great for many of the young users of the
Playground.
The location of the portable restroom could also be reconsidered, with the limitation that it must
be accessible for servicing and pick-up by trucks. There may also be other maintenance issues.
Currently, a private company owns and services the portable restroom. It is not known whether
such companies offer upgraded portables, or if an upgraded portable restroom is installed by the
Town of Tiburon, whether the company would service and maintain it without owning it.
Aesthetics of Portable Restroom
Concerning aesthetics, the single remaining portable restroom (port-a-potty) near the South of the
Knoll Playground is the standard bright blue plastic building. It is located adjacent to the multi-
use path near the location where the Del Mar Crossing path from Tiburon Boulevard meets the
multi-use path, just northwest of the Pine Terrace Subdivision.
Councilmember Thompson had suggested during the 1997 Council meeting that a toned-down,
perhaps rustic wooden style portable restroom facility should be considered, similar to those seen
in some state parks and campgrounds.
These issues, plus the cost of an upgraded portable facility, clearly need further investigation.
RECOMMENDA TON
That the Commission affirm the need for a separate restroom facility near South of the Knoll
Playground, currently met by a single port-a-potty.
That the Commission discuss whether to pursue an aesthetically upgraded portable bathroom for
South of the Knoll Playground, as well as alternate locations for it
Staff will continue consultation with the Public Works Department with respect to location issues
and costs.
EXHIBITS
l.
Minutes of Town Council meeting of 10/15/97.
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