HomeMy WebLinkAboutTC Agd Pkt 2010-01-06TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Tiburon Town Council
1505 Tiburon Boulevard January 6, 2010
Tiburon, CA 94920 Regular Meeting - 7:30 p.m.
Closed Session - 6:00 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION - (6:00 p.m.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Bonander v. Town of Tiburon
Town of Tiburon v. All Persons Interested (Del Mar Valley Llndergrounding)
Mostyn v. Town of Tiburon et al.
CALL TO ORDER AND ROLL CALL
Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Slavitz, Mayor Collins
CLOSED SESSION ANNOUNCEMENT, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes - Adopt minutes of November 18, 2009 regular meeting (Town
Clerk Crane Iacopi)
2. Town Council Minutes -Adopt minutes of December 2, 2009 regular meeting (Town
Clerk Crane Iacopi)
3. Town Council Minutes -Adopt minutes of December 7, 2009 special meeting (Town
Clerk Crane Iacopi)
4. Vacancies on Town Boards and Commissions - Announcement of current and pending
vacancies on Town Boards and Commissions in 2010 (Town Clerk Crane Iacopi)
5. Town Check Signature Authority - Update resolution to give newly elected officials
Town check-signing authority (Director of Administrative Services Bigall)
6. Town Manager Employment Agreement - Adopt and authorize the Mayor to execute
the Third Amendment to Town Manager's Employment Agreement (Town Attorney
Danforth)
7. Annual Development Fee Report - Receive annual report on the status of the Town's
Development Impact Fees pursuant to the California Government Code (Director of
Community Development Anderson)
8. Street Impact Fees - Receive required five-year report of the Town's Street Impact Fees
and adopt resolution making the required findings pursuant to California Government
Code (Director of Community Development Anderson)
9. 22 Mercury Avenue Appeal - Adopt resolution waiving fees for reapplication with
respect to an Appeal of the Design Review Board's decision to approve a site plan and
architectural review application for the construction of a new Single-Family dwelling
(Director of Community Development Anderson)
10. Marin Energy Authority Participation - Review of Marin Energy Authority contract for
renewable electric power (Marin Clean Energy Community Choice Aggregation) and
affirmation of December 7, 2009 decision to remain in the Marin Energy Authority to
permit participation in the program (Town Manager Curran/Town Attorney Danforth)
11. Marin Emergency Radio Authority Bond - Adopt resolution approving and directing the
execution of a Restated Operating Agreement, approve an Official Statement, and direct
related actions in connection with the refinancing of the County-wide public safety
radio system (MERA) - (Director of Administrative Services Bigall)
12. Irrigation Water Well at 1600 Mar West Street - Approve water well application to
install and operate a non-potable (irrigation) well at the Tiburon Peninsula Club
(Director of Community Development Anderson)
ACTION ITEMS
1. Town Council Committee Appointments - Recommendation to update Council
Committee Appointments list to reflect new committee assignments (Mayor Collins/
Town Manager Curran)
2. Ritter Center Art House - Request of Chamber of Commerce to co-sponsor and locate an
"Art House" on the Fountain Plaza (Town Manager Curran)
PUBLIC HEARINGS
1. Amendments to Building Code - Miscellaneous Amendments to Title IV, Chapter 13
(Building Regulations) of the Tiburon Municipal Code - First Reading of Ordinance
(Director of Community Development Anderson)
2. Amendments to Leaf Blower Ordinance - Repeal of Title VI, Chapter 30 (Leaf Blowers
and Hedge Trimmers) of the Tiburon Municipal Code, and adoption of a new Title VI,
Chapter 30 (Leaf Blowers and Hedge Trimmers) - First Reading of Ordinance (Director
of Community Development Anderson)
3. Introduction of Zoning Ordinance Amendments - Introduction and Overview of
Comprehensive Reformatting and Text Amendments to the Tiburon Zoning Ordinance
(Director of Community Development Anderson)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest - December 11, 2009
• Town Council Weekly Digest - December 18, 2009
• Town Council Weekly Digest - December 25, 2009
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Frederik]. called the regulat meting of the Tiburon Town Council to order at 7:30 p.m.
on Wedne ay, November 18, 2009, i ' Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, lifornia.
ROIL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fredericks, Gram, Slavitz
Berger
Town Manager Curran, Town Attorney Danforth, ,
Chief of Police Cronin, Director of Public
Works/Town Engineer Nguyen, Director of
Administrative Services Bigall, Town Clerk Crane
Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss
the following:
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
(Section 54957)
Title: Town Manager
Title: Town Attorney
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION
Mayor Fredericks said that there was nothing to report from the closed session.
ORAL COMMUNICATIONS
William Rothman, resident of Belvedere, said he had read a letter to the editor in the Ark
newspaper concerning the costs of undergrounding utilities in Tiburon. He said that retired
persons especially had felt the downturn of the economy on their savings, and he cautioned the
Council against imposing these types of expenses on people without considering all the
complications, such as the ongoing legal costs associated with the Del Mar undergrounding.
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 1
CONSENT CALENDAR
1. Town Council Minutes - Approve minutes of October 21, 2009 regular meeting (Town
Clerk Crane Iacopi)
2. Town Council Minutes - Approve minutes of October 26, 2009 special meeting (Town
Clerk Crane Iacopi)
3. 2008-09 Street Improvement Program - Adopt Resolution accepting project and
authorize filing of Notice of Completion (Director of Public Works/Town Engineer
Nguyen)
4. 1655 Mar West Street/175 Esperanza Street - Adopt Resolution approving a Parcel Map
and taking related actions for the subdivision into two lots of a 0.51-acre parcel; Diane
Ho, owner and applicant; Assessor Parcel No. 059-051-18; Town File #60402 (Director
of Community Development Anderson)
Mayor Fredericks asked if the Council or anyone from the public would like to remove an item
from the Consent Calendar.
Helen Lindqvist, Cazadero Lane, posed several questions concerning Item No. 4: a) would the
subdivided property remain accessible so that existing trails could continue to cross over it; b)
would fencing be allowed on existing easements or could language be added to preclude it; c)
were trees going to be felled during development.
Town Manager Curran said that Director of Community Anderson was unable to attend the
meeting due to illness. Mayor Fredericks suggested a continuation of the item in order to address
Ms. Lindqvist's concerns.
MOTION: To adopt Consent Calendar Nos. 1 through 3, as written; Item No. 4 continued.
Moved: Slavitz, seconded by Collins
Vote: AYES: Unanimous
ABSENT: Berger
ACTION ITEMS
Item No. 2 was heard first.
1. Lyford Cove Undergrounding Assessment District - Recommendation to adopt a
Resolution Declaring a Surplus in the Improvement Fund and Direct that the surplus be
used to Redeem a portion of Outstanding Bonds (Town Manager Curran/Director of
Administrative Services Bigall)
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 2
2. Security Cameras - Review and consideration of proposal to install security cameras on
Tiburon Boulevard and Paradise Drive (Chief of Police Cronin, Director of Public
Works/Town Engineer Nguyen)
Chief of Police Cronin said that in 2007 and 2008, there were 100 to 125 thefts from vehicles and
burglaries in Tiburon, and that the Department was tracking the same number of similar crimes
in 2009. Cronin said that most of the perpetrators are from outside the peninsula and that most
crimes are committed late at night.
The Chief said that this pattern, coupled with the unique geography of the peninsula, offered an
opportunity to increase the number of arrests, recover more property and ultimately reduce the
number of offenses. He proposed to do so by installing an ALPRS (Automated License Plate
Reader System) on Tiburon Boulevard and on Paradise Drive.
Cronin said that the system takes a digital photograph of the trunk and license plate of every car
that passes its location, transmits the image to a server, and stores it for a prescribed time. The
system can be programmed to alert the police when a particular license plate, such as one on a
stolen or wanted car, passes.
While this is useful, Cronin said his primary interest was to use the system as an investigative
tool following the report of an offense in Tiburon.
In most cases, the Chief said the police are able to establish a time frame during which a crime is
committed. In the case of the most common crime, thefts from vehicles and burglary, this is
usually late at night when traffic counts are very low. Cronin said this would make it relatively
simple to find those few license plates that came and went and check them for connection with
any prior offenses or persons who have criminal records, establishing potentially valuable leads
in cases where the police now have nothing to go on.
He said the system would be especially useful in those cases where the police know exactly when
a crime occurred or those where they have a partial license plate or vehicle description. In those
cases, he said it would be possible to estimate the elapsed time between the crime and travel time
to the camera and look at the relatively small number of vehicles that pass, for ones that match.
Cronin said the system is only useful in identifying vehicles that drive through the roughly 8' by
8' window called the "capture zone," which the camera is focused on in a traffic lane. He added
the following points:
• It does not capture images of occupants, only the rear of the car and the license plate;
• It does not record any information about the vehicle's owner--that requires a separate
transaction by an authorized user accessing DMV records;
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 3
• It has no ability to pan, tilt or zoom;
• The cameras do not lend themselves to traffic or drunk driving enforcement--they are single
images, not video, so little can be determined about the operation of the subject vehicle
He said the proposed cameras would be located on Tiburon Boulevard between Blackfield Drive
and Bay Vista Way, and in the 5000 block of Paradise Drive.
Chief Cronin said that he recognized there is a way around this system (by avoiding the cameras),
but noted that it would require some local knowledge or at least some pre-planning to avoid the
cameras. He said that the criminals who commit the kinds of crimes being targeted are generally
"unsophisticated opportunists and drug addicts" who were unlikely to have either the local
knowledge or the inclination to pre-plan.
The Chief presented three alternatives for mounting the cameras:
• Option A involves using the Caltrans light standards in the center median of Tiburon Blvd
and a PG&E pole on Paradise Drive.
• Option B involves using PG&E poles at both sites.
• Option C involves using new poles erected by the Town.
He summarized the project costs, stated below:
Option A: Cameras on existing Caltrans light poles in the center median of Tiburon
Boulevard
Option A would cost approximately $137,000.00, funded as follows:
Town contribution: $445500
Belvedere contribution: $30,800
Sheriff contribution: $13,700
ABAG grants $48,000
Option B: Cameras on existing PG&E utility poles on the shoulder of Tiburon
Boulevard
Option B would cost approximately $166,000, funded as follows:
Town contribution: $64,000
Belvedere contribution: $37,400
Sheriff contribution: $165600
DRAFT Town Council Minutes #xx -2009 November 18, 2009
Page 4
ABAG grants
$48,000
Option C: Cameras on new poles erected by the Town on the Caltrans right of way
Option C would cost approximately $197,000. Over $70,000 would be
attributable to electrical, construction, infrastructure and possible environmental
costs associated with erecting poles and supply them with electrical power. The
funding breakdown would be as follows:
Town contribution: $85,000
Belvedere contribution: $44,300
Sheriff contribution: $199700
ABAG grants $48,000
With regard to maintaining the system, Chief Cronin said that maintenance agreements range up
to $11,000 per year for an "all inclusive" warranty/maintenance agreement subject to negotiation.
Annual costs for electricity and data transmission are estimated at $1,200 to $4,200 per year,
depending on the location of the cameras.
He also said that a policy governing use of the cameras, as requested by the Council, was
attached to the staff report. Key elements include:
• Cameras will be "fixed" to record only the back of vehicles and do not have "pan, tilt &
zoom" capability.
• Cameras will be directed only to capture the rear of vehicles and not into any place where a
"reasonable expectation of privacy" might exist.
• Access to recorded images will be password protected and access limited to the Police Chief,
the Police Captain, Watch Commanders, the Police Detective and the Town's Information
Services Manager.
• Images not retained in connection with a specific offense will be purged after one hundred
days (as soon as the law allows).
• Images will only be released in compliance with a search warrant, criminal subpoena, court
order or statute or to allied agencies as evidence in a criminal investigation. Allied agencies
would only receive images released to them by Tiburon Police Department for a specific
investigation.
• An annual audit of compliance with the policy will be conducted by the Town Manager.
Any attempt to secure an image by subpoena in relation to a civil case would be resisted by the
Town and a judge would ultimately decide the issue.
Requests by the public to review images would be declined by the Police Department. The
California Public Records Act exempts the images from public disclosure under section 6254(f).
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 5
The Chief said that it had been determined through subsequent discussions with the Town
Attorney that the Town could limit retention of the records to 30 days. He suggested that the
Council direct staff to modify the draft policy section 378.4 Data Storage "...retained for period
of thirty days."
He also recommended that section 378.5 be changed to read "criminal subpoena," instead of
"subpoena".
He recommended that the Council take public input and then determine if it wished to proceed
with the project. If so, he recommended that the Council:
--Approve the draft policy with recommended changes;
--Authorize the manager to spend up to $197,000.00 to complete the project;
--Approve a budget amendment increasing project funding from $50,000 to 197,000.
The Chief asked if Council would like to ask any questions of staff.
Councilmember Gram asked if there had been any more progress in the negotiations with
Caltrans and PG&E for placement of the cameras on their rights-of-way and utility poles. Chief
Cronin said that he had positive responses, on both fronts. He said he hoped to hear more this
week.
Councilmember Slavitz asked whether the 30-day retention period was legally defensible. Town
Attorney Danforth said that most of the images are formal records, subject to the Town's existing
records retention policies. She said that those pertaining to investigations are kept anyway
[longer than 30 days].
Councilmember Slavitz asked about the usefulness of these records. Chief Cronin said that in
cases where there are known specific timeframes, it would be invaluable to assist the police in
determining when a perpetrator may have left town.
Councilmember Slavitz asked whether the annual policy review could also include an annual
review of the efficacy of the program. Chief Cronin answered affirmatively, and said that the
department would be able to point to specific cases in its report.
Councilmember Slavitz asked if the program would help supplement the police force. Chief
Cronin said that in the larger picture of staffing the department, the program would eliminate the
need to post an officer on the street watching cars coming and going into town after the report of
a crime. He said that in this year's budget cycle, two officer positions had been eliminated and
this program would allow for more efficient use of the remaining officers' time.
Councilmember Collins asked if the program would aid in crime prevention and deterrence.
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 6
Chief Cronin said that it would, and addressed the concern expressed by some that criminals
would know the cameras had been installed and would figure out a way to avoid them. Cronin
said that in his experience, criminals did not read the newspapers and what they learned, they
learned in jail from talking to other inmates. He said that the cameras represented a potential
significant deterrent factor.
Mayor Fredericks asked about implications of scanning licenses plates to obtain other kinds of
information. She asked if the data could be used as a "hot list" to look for stolen vehicles, for
instance. Chief Cronin said that the system could be programmed to provide data on vehicles that
pass a point at a particular time. Mayor Fredericks asked if this could be used in the absence of
the report of a crime. Chief Cronin said that it could, but that this would be a policy decision.
Mayor Fredericks asked if he was asking to add scanning for stolen vehicles to the policy since
the current draft policy said that only the report of a felony would trigger obtaining the plate
information. Chief Cronin pointed out that stealing cars was a felony.
But in response to Mayor Fredericks' inquiry, Chief Cronin suggested that further modifications
be made to the policy that reports of felonies would trigger use of the data obtained by the
cameras, rather than lesser crimes.
Councilmember Slavitz said that he understood the program, as presented, would allow the
police to use information obtained by the system primarily to locate stolen vehicles and in Amber
Alerts [both felonies].
The Council had some additional questions concerning maintenance costs. Chief Cronin said that
the $15,000 (annual maintenance fee plus electricity and data costs) was the highest cost and was
negotiable. However, he noted that this cost included a full replacement guarantee.
Councilmember Gram asked if the data obtained by the cameras could be retained less than 30
days. Town Attorney Danforth said that it was more of a logistical question and that as a practical
matter, 30 days was the preferred time. Chief Cronin added that many crimes are committed in
"series," and that keeping data for 30 days seemed sufficient to deal with patterns of crimes.
Mayor Fredericks opened the matter to public comment.
• Terry Graham, 15-year resident, said she was "horrified" by the idea of surveillance
cameras and said the 4th Amendment's prohibited illegal search and seizure; she quoted
from her "pocket Constitution" that said that laws that infringe upon the rights of citizens
are "null and void." She asked why the Council would surveille citizens who are
presumed to be innocent.
• Wes Poole, Tiburon Boulevard, said it seemed to him to be an incremental erosion of
rights and that once the cameras were installed, they would no be taken away.
• Andrew Thompson, former mayor, thanked Chief Cronin for bringing the idea forward
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 7
and said that he actually thought of a similar plan in 1995 to ensure children's safety
when walking to school; he said it would help the police in kidnappings, such as the Polly
Klass case, to obtain immediate data; he said there had been two robberies on his street
that might have been deterred if the cameras were in place. Thompson said that
surveillance cameras were everywhere and that it was silly to think otherwise; he said it
was time to take a bold step that would make a difference.
• William Rothman said that it was a well-intentioned, ill-conceived, and ill-fated plan, for
instance, that it would not prevent crimes committed by Tiburon residents, like some of
the crimes that had taken place in Belvedere; he said that cameras were everywhere but
that he could chose not to go to some of those places (such as Walgreen's); he said that
Tiburon would be seen as an elitist and racist community if it installed the cameras; he
also said that they would contribute to the death of children if criminals chose, for
instance, to speed through intersections to avoid the cameras. Rothman held up a drawing
of a new logo Tiburon, showing an eye and the words, "Tiburon-we see you."
• Barry Toronto, cab driver, Terra Linda, said the message being sent was the "we don't
want outsiders;" he said that he was worried that he would be recognized as living outside
of town and would be stopped by the police; he said Tiburon had a vibrant music scene
and that black musicians would be harassed; he asked the Council not to waste the money
that could be used for something else;
• Mark Boyajian, Rancho Road, said he completely supported the cameras and that anyone
who had been the victim of a crime would be in favor of them; he said they were a tool to
assist law enforcement personnel and would be managed very carefully; he said he would
support the cameras even if they were no public funds available;
• Carolyn Logan, student, Felipa Court, asked what if it was "your" child who was
kidnapped;
• John Pearson, former member of the Belvedere City Council, said that most people he
knew were in favor of the cameras; said it was not a matter of elitism but rather security;
• Wes Poole said he did not want to be "categorized" and that there was nothing to stop this
from happening; he asked that the Council not give away any more rights];
• Camille Bosworth, Corinthian Island resident, said the cameras were a bad decision and
that they should not be installed without a vote of the people; said that she would be
photographed every single day when she travelled down Tiburon Boulevard;
• Arnie Freeman said that the cameras at Walgreens could not identify him but that these
cameras could; said that they violated the same principles of an open society as
monitoring telephone calls and other movements of citizens;
• Kenneth Nemzer, Hilary Drive, said that the concept of privacy was being misused in this
argument because we did not live in a place where "our enemies are in charge;" said that
he would like the police to know "everything" about him;
• Al Anolik, Round Hill Road, said he had submitted a letter in support, adding that
nothing is more important to a tourist area than the safety and security of its people;
added that the area was also vulnerable because of its wealth; he said that a recent 9th
Circuit Court of Appeals ruling stated that a government had the right to take your PDA,
cell phone, and computer at the border and download the data; said he wanted his civil
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 8
rights protected but that nothing was more important than the protection of his family and
community and that the most effective way is to have a plate recognition system; he
encouraged the Council to give the police the tools that are available;
• Joe Reich, Barbaree Way, said he was opposed to the cameras and would be
photographed every time he crossed the street; he said that an annual review of the
program would be irrelevant because "the cow has already left the barn;" he asked what
percentage of crimes would be resolved because most of them were committed by kids in
town; stated that liberties and privacy were being taken away in tiny increments; that we
don't "trust" government and that the safeguards written into the policy would be
changed the day after the cameras were installed.
Mayor Fredericks closed the public hearing.
Councilmember Collins said that he "absolutely believes in the right of privacy" but that the
Council must do what it can to protect the community. He addressed the issues raised by
some of the speakers concerning the Fourth Amendment and cited case law dating back to
1967 that addressed the issues of privacy and reasonable expectation of privacy. He said that
many cities already had the cameras in place and more would be following suit. Collins said
that to him, it was a cost effective program and that furthermore, even if one perpetrator was
caught, it would be worth the price.
Councilmember Slavitz said that while he sympathizes with some of the sentiments and
concerns expressed by the speakers, the installation was really not a privacy issue but a safety
tool. He said that there was no data base being created, no tracking or categorizing of data,
and that the data "dies" every 30 days. He said it would help the police department during
budget cuts and that it was available to the community because of its unique geography. He
said it was not an infringement of rights.
Slavitz said that he concurred with the recommended changes to the policy and that the
program's usefulness should be reviewed annually, and that the cameras could be removed.
Slavitz said that he would vote to authorize the purchase up to the budget limit stated in the
staff report.
Councilmember Gram said that he understood both sides of the argument. He said that the
key to the program's success was the controls placed on the mechanism and that he had faith
in this and the ability of future Councils to monitor the program appropriately. Gram said that
Tiburon was not the first city to install cameras, and that hundreds of cities had done so since
the mid-to-late 90's when the technology became available.
Gram said that the program would protect the community against burglaries and other crimes,
but stated that he was more concerned about kidnapping and violent crimes. He said that it
might help ensure the safety of children walking to school. He said that the cameras would
not mean stopping people, except if the data triggered the presence of a stolen vehicle or
felony. He said that as a member of the Finance Committee for eight years, the cameras were
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 9
a "bonus" if they would help save money by not replacing two positions on the police force.
He said that he had asked for a data retention period of less than 30 days but that it did not
seem feasible.
Mayor Fredericks said she understood the "cultural repugnance" against the cameras but said
that it was an exaggeration of what the cameras actually were programmed to do. She said
that there was no legal expectation of privacy of one's car license plate, whether the vehicle
is on the public street or parked in a private driveway.
Fredericks said the database was of numbers, not people. She agreed that the challenge was to
create a good policy over the use of the data.
Mayor Fredericks acknowledged that there was a distrust of government. She said that the
Council was the [local] government and that "we answer to you." She added that "your
weapon is your vote."
The Mayor said that the comments about "low crime rates" in Tiburon might be expressed
differently. For instance, based on current statistics and population, there was one burglary
per every 435 people in Tiburon. She said that burglaries often took place at night and the
occupants might be home when the burglars entered the house.
MOTION: To approve the recommendations as stated in the staff report, with the
amendments to the policy pertaining to data retention [Section 378.4] and
criminal subpoenas [Section 378.5], as well as use of the cameras in response to
reports of felonies (versus other crimes); [as amended by Gram] to proceed no
further with the program until agreements have been reached with Cal/Trans and
PG&E regarding use of their facilities, and until agreements have been reached
with the City of Belvedere and the Marin County Sheriff's Department
concerning their contributions to join the program; [as amended by Collins] to add
language to the policy that if the equipment is located elsewhere, or if there are
any changes to the program, they will be brought back to the Council for approval.
Moved: Slavitz, seconded by Gram
Vote: AYES: Unanimous
ABSENT: Berger
Lyford Cove Undergrounding Assessment District - Recommendation to adopt a
Resolution Declaring a Surplus in the Improvement Fund and Direct that the surplus be
used to Redeem a portion of Outstanding Bonds (Town Manager Curran/Director of
Administrative Services Bigall)
Director Bigall gave the report. She said the final reconciliation of the Lyford Cove Utility
Undergrounding Assessment District ("District") had determined that a surplus existed in the
District Improvement Fund in the amount of $918,000. She said the Town Council had four
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 10
options for disposition of those funds pursuant to the Municipal Improvement Fund Act of
1913, Division 12 of the Streets and Highways Code of California.
Ms. Bigall outlined the options:
a) Transfer of $1,000 to General Fund. An amount equal to $1,000 may be transferred to the
General Fund and used for any legal purpose.
b) Credit Against the Assessments without calling bonds. The surplus may be applied as a
credit upon the assessment and any supplemental assessments. In this option the surplus would
be used to pay debt service on the bonds for a limited period.
c) Use for Maintenance. The surplus may be transferred to a special fund and used for the
maintenance of the public improvements that were financed by the assessment district bonds.
d) Redeem bonds and reduce assessments. The surplus may be transferred to the bond trustee
for deposit in the redemption fund and used to call bonds for redemption at the next available
redemption date. This will require a corresponding reduction in the outstanding assessment and
subsequent assessment installments levied to the property in the assessment district.
Director said that staff originally recommended Option (d) as the option that would have the
most benefit to current and future property owners. However, Ms. Bigall said that District
organizers, Liz Bird and Joan Lombardo, had stated that the property owners were in favor of
an "assessment holiday." Ms. Bigall said that staff had prepared a substitute resolution for
Council's consideration in which the Town would issue a credit against the assessments
without calling bonds. In addition, Director Bigall said it was also an appropriate time for the
Town to make its agreed upon contribution to the District in the amount of $50,799, which
would be transferred from the General Fun Infrastructure and Facility Reserve to the Lyford
Cove UUAD Bond Redemption fund. Ms. Bigall recommended Council approval of both
actions.
Mayor Fredericks asked what the difference would be between calling bonds earlier and the
assessment "holiday." Ms. Bigall said that calling the bonds would be like pre-paying principal
on a loan which would result in a lower payment but not a shorter term.
Bigall said that under the scenario recommended by the District organizers, the "holiday"
translated into a savings of about $1,000 per year [for approximately two years], depending on
whether the property owner had prepaid or financed the transaction, and what the actual
amount of their assessment was. At the end of the "holiday," they property owners would
resume their same assessment payments, as before, according to Bigall.
Councilmember Slavitz asked whether owners of properties who had prepaid the bonds and
had subsequently sold their properties would benefit. Ms. Bigall said that the assessment runs
with the property and therefore, people who had prepaid and no longer lived there would not
benefit. She said the "holiday" only affected the current property owners who were paying the
assessments.
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 11
Councilmember Slavitz asked why the assessment "holiday" was preferable. He noted that
calling the bonds would lower the assessment payments by approximately $240 per year for the
remainder of the term.
Town Manager Curran said that it could be seen as "relief' during difficult economic times.
She said it also depended on how long a property owner planned to stay in their home, and was
seen as a benefit to some of the current owners.
Councilmember Collins asked if there was a cost to the Town to adopt the proposed "holiday."
Ms. Bigall said there was none.
Council asked bond underwriter Mark Pressman for his comments.
Mr. Pressman said that typically, he sees bonds called in order to spread the benefit over time,
however, he said that the "holiday" would be a popular and welcome approach.
In response to a question as to whether other districts had employed this method, Mr. Pressman
said that it was uncommon to have a surplus and more common to be "over" budget. He said
that one of the districts in Belvedere had a surplus but he could not recall exactly how they had
disposed of it.
Mr. Pressman said that home buyers in the district would have full disclosure of the situation
and would accept the higher payment and the lien.
Mayor Fredericks asked if there was additional public comment. There was none.
Councilmember Slavitz said that while he sympathized with the organizers, it seemed more
equitable to redeem the bonds so that everyone could share the benefit in the future, and to
lower everyone's assessment for the next 25 years (versus an approximate two-year "holiday"
on paying the assessment).
Mayor Fredericks said that Ms. Bird and Ms. Lombardo played a key role in developing the
District and therefore, their word carried some weight. She agreed that during difficult
economic times, the "holiday" could be seen as giving something back to those who lived
through the laborious [district formation] process and subsequent construction.
Councilmember Collins concurred with the Mayor's analysis.
Councilmember Gram said that he could go either way on the recommendations. He said that
personally, he would chose option (a) which would result in a lower payment and greater
savings over time, however, he understood the other recommendation, as well.
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 12
MOTION: To adopt the amended resolution to establish an assessment "holiday," as
recommended by the district organizers, and approving the Town's payment into the
Lyford Cove Utility Undergrounding District Bond Redemption Fund.
Moved: Collins, seconded by Slavitz
Vote: AYES: Unanimous
ABSENT: Berger
TOWN COUNCIL REPORTS
There were none.
TOWN MANAGER'S REPORT
Town Manager Curran thanked Director of Public Works Nguyen who was instrumental in obtaining
the nearly $1 million surplus in the Lyford Cove Utility Undergrounding Assessment District.
Councilmember Gram commented that the bond issue for the supplemental district was $2 million,
so that $900,000 represented a savings of nearly half of that amount.
Councilmember Collins thanked Chief Cronin for bringing forward the difficult topic of the security
cameras and weathering the criticism. Chief Cronin thanked the Town Manager and members of the
Town staff for their help in bringing the topic forward.
WEEKLY DIGESTS
• Town Council Weekly Digest - November 6, 2009
• Town Council Weekly Digest - November 13, 2009
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Fredericks adjourned the meeting at 9:15 p.m.
ALICE FREDERICKS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #xx -2009 November 18, 2009 Page 13
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Frederi =December u r eeting of the Tiburon Town Council to order at 7:35 p.m.
on Wednes y, 09, i Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Ca ' oROLL CALL
PRESENT: COUNCILMEMBERS
PRESENT: EX OFFICIO:
Berger, Collins, Fredericks, Gram, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Community Development Anderson,
Associate Planner Tyler, Director of Public
Works/Town Engineer Nguyen, Police Captain
Hutton, Town Clerk Crane Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss
the following:
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS
(Section 54957)
Title: Town Manager
Title: Town Attorney
CLOSED SESSION ANNOUNCEMENT
Mayor Fredericks said there was nothing to announce from the closed session.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of November 4, 2009 Minutes (Town Clerk
Crane Iacopi)
DRAFT Town Council Minutes #xx -2009 xxxxxxx, 2009 Page I
2. Town Investment Summary - Accept October 2009 Report (Director of Administrative
Services Bigall)
3. Annual Appointments List - Adopt Annual List of Town Appointments pursuant to State
Law (Town Clerk Crane Iacopi)
4. 1655 Mar West Street/175 Esperanza Street- Adopt Resolution approving a Parcel Map
and taking related actions for the subdivision into two lots of a 0.51-acre parcel; Diane
Ho, owner and applicant; Assessor Parcel No. 059-051-18; Town File #60402 (Director
of Community Development Anderson) - continued from November 18, 2009
5. Town Council Election - Adopt resolution certifying results of November 3, 2009
Municipal Election (Town Clerk Crane Iacopi)
MOTION: To adopt Consent Calendar No. 1 through 5, as written.
Moved: Gram, seconded by Berger
Vote: AYES: Unanimous
ACTION ITEMS - REORGANIZATION OF TOWN COUNCIL
1. Recognition of Outgoing Council members Miles Berger and Tom Gram - Mayor
Fredericks and the Council will bid farewell to Council members Berger and Gram.
Mayor Fredericks presented Berger and Gram with plaques recognizing them for their years of
service on the Council. She also noted that Gram was a charter member of the Jt. Recreation
Committee, and had served on that committee from 1975 to 1997. She said that Berger was a
former member of Design Review Board, as well as a Planning Commissioner, before he joined
the Council.
Slavitz, Collins and Fredericks shared their experience of working with the two outgoing
members of the Council and what made it special to have served with them on the Council.
Councilmember Slavitz said that he had served with Miles Berger on the Board of Adjustments
and Review, as well as the Town Council. He said that Berger was a joy to work with, and that
the Council always turned to him for his opinion during appeals and other hearings that
demanded a creative eye. He said that there was no one to fill his shoes, in this area.
Slavitz also said that he had learned so much from Councilmember Gram. Councilmember
Collins echoed these comment, stated that he had served on two subcommittees with Gram. He
said that Berger and Gram had a combined 50 years of service to the Town, on the Council and
other committees. Councilmember Fredericks said that she had learned from Councilmember
Berger what she lacked in design sense and said that working with Gram was like having "served
with the master."
DRAFT Town Council Minutes #xx -2009 xxxxxxx, 2009 Page 2
2. Oath of Office - The Town Clerk will administer the oath of office to newly-elected
Council members Jim Fraser and Emmett O'Donnell and re-elected incumbent Alice
Fredericks.
3. Seating of the new Council - Council members Fraser and O'Donnell will take their seats
at the Dais.
4. Election of Mayor - Outgoing Mayor Fredericks will receive nominations for the Office of
Mayor and conduct the election.
MOTION: To nominate Dick Collins as the next Mayor.
Moved: Slavitz, seconded by O'Donnell
Vote: AYES: Unanimous
5. Election of Vice Mayor - The Mayor-elect will take the Chair and conduct the election of
Vice Mayor.
MOTION: To nominate Jeff Slavitz as Vice Mayor.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
6. Town Council Comments - The Council may share any additional comments at this time.
Mayor-elect Collins welcomed Councilmembers Fraser and O'Donnell to the Council. He said
that in his experience, it took a couple of years to get used to the workings of the process of local
governance. He said that the keystone of an effective Town Council was a hardworking and
effective staff, which the Town had.
Councilmember Fraser said that he was proud and honored to be on the Town Council. He
thanked Councilmembers Berger and Gram for a magnificent job and said the community was a
better place due to their service.
Councilmember O'Donnell thanked everyone who had elected him, as well as his family. He said
he was prepared to serve the community as a new Councilmember. He also thanked Tom and
Miles for their wonderful leadership.
District 3 Supervisor Charles McGlashan thanked the outgoing Councilmembers and presented
them both with proclamations. He noted that every single Tiburon Town Council member served
the greater community of Marin by serving on various boards and commissions. He said that
Vice Mayor Berger had made him feel especially welcome as a newly-elected Supervisor, and he
thanked Councilmember Gram for his brilliance and acumen in brokering a "better" solution for
the Martha property.
DRAFT Town Council Minutes #xx -2009 xxxxxxx, 2009 Page 3
McGlashan congratulated Councilmember Fredericks upon her re-election and thanked her for
her involvement on the Martha Company application, and her leadership on the board of the
Transportation Authority of Marin. The supervisor said that he had served with Councilmember
Slavitz on LAFCO. Finally, McGlashan recognized Mayor-elect Collins for his participation as a
member of the Marin Energy Authority and Richardson Bay Regional Agency Board of
Directors, and said that he brought a lot to the table, wherever he goes.
TOWN COUNCIL REPORTS
Councilmember Fredericks said there was a Marin Leadership Summit scheduled for December 10,
at 6:30 p.m., to discuss the future of governance in the state.
Mayor Fredericks said that the Marin Energy Authority Board would meet on December 3rd at 6:30
p.m.
TOWN MANAGER'S REPORT
Town Manager Curran noted a special meeting of the Council on December 7 for Marin Clean
Energy. She also said that the December 16 regular meeting had been cancelled.
WEEKLY DIGESTS
• Town Council Weekly Digest - November 20, 2009
• Town Council Weekly Digest - November 27, 2009
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor-elect
Collins adjourned the meeting at 8:02 p.m., to a celebration at the Lodge at Tiburon.
RICHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #xx -2009 xxxxxxx, 2009 Page 4
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Collins cak C&f1- se p&ialmeeting of the Tiburon Town Council to order at 6:30 p.m.
on Monday, ecember 7, 2009, Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS
PRESENT: EX OFFICIO:
ORAL COMMUNICATIONS
None.
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Information Technology Coordinator Monterichard,
Town Clerk Crane Iacopi
Mayor Collins welcomed Council members Fraser and O'Donnell to their first meeting. He said
that the Consent Calendar would be heard at the conclusion of the public hearing.
CONSENT CALENDAR
1. Cypress Hollow Playground Renovation Project - Adopt Resolution accepting project
and authorize filing of Notice of Completion (Director of Public Works/Town Engineer
Nguyen)
PUBLIC HEARING
1. Town Participation in Marin Clean Energy Program: Review of Marin Energy
Authority Contract for Renewable Electric Power; Final Decision Whether to Remain in,
or Withdraw from, the Marin Clean Energy Community Choice Aggregation (CCA) -
(Town Manager Curran, Town Attorney Danforth)
Town Manager Curran made the following remarks to introduce the item.
DRAFT Town Council Minutes #xx -2009 December 7, 2009 Page 1
"This Special Meeting of the Town Council is to allow the Council to hear from presenters and
the public, and to decide whether Tiburon should participate in the Marin Clean Energy CCA
program or withdraw from membership in the Marin Energy Authority.
Dawn Weisz of MEA is on hand to describe the contract the Town Council is being asked to
consider. A representative from PG&E, Ontario Smith, is present to offer their view of the
proposed contract.
As part of this process, the Marin Manager Association commissioned an independent review of
the contract to provide completely independent advice to our respective councils. Bill Monson of
MRW & Associates is here this evening and will briefly summarize the conclusions of the
analysis his firm conducted.
By way of brief overview: On December 19, 2008, Tiburon and other Marin public agencies
formed a new Joint Powers Authority: the Marin Energy Authority or MEA, composed of one
elected representative from each member jurisdiction. Mayor Collins is Tiburon's member on
the MEA Board.
MEA's goal is to address state mandates to reduce greenhouse gas emissions and increase the
supply of renewably-generated power for the county. MEA members intend to promote the
development and use of a wide range of renewable energy sources and energy efficiency
programs at competitive rates for customers.
MEA's initial and most significant effort is a community choice aggregation (CCA) program to
supply electric power to customers. Council has already been informed about this process, which
resulted in the release of an RFP on May 7, 2009 for electricity supply. This competitive
solicitation resulted in 12 bids for power with prices in the expected range described in Marin's
CCA business plan, which in turn were whittled down to three for contract negotiations and now
one contractor is recommended: Shell Energy North America. The power costs projected would
be at or below PG&E's projected rates for the light green option (starting at 25% renewable
energy and growing to 50% in four years). The 100% renewable energy deep green option would
also be available for a premium above PG&E's projected rates. MEA interim director Dawn
Weisz is on hand to review the contract provisions with you.
On October 21, 2008, the Council heard an extensive presentation on the proposed contract from
Ms Weisz and Supervisor Charles McGlashan. The Council also heard numerous public
comments, both supporting and opposing Town participation in the CCA program.
On November 5, 2009, the MEA Board approved and released a final draft contract for power
purchase, triggering the 90-day review period for participating agencies.
The MEA Joint Powers Agreement provides that any party may withdraw its membership prior
to the MEA's execution of the contract by giving at least 30 days advance written notice of its
election to do so. Staff expects that MEA will execute the contract with an energy service
DRAFT Town Council Minutes #xx -2009 December 7, 2009 Page 2
provider on February 4, 2010. The calendar tells us that this would require notice to withdraw by
January 5, 2010, but the MEA board has acted to extend that deadline to January 13.
Regarding Benefits and Risks: both are associated with remaining in the Marin Energy Authority
for this program. Benefits include the promise of a minimum of 25% renewable energy sources
for electrical generation for participating customers, with an expected rise in that percentage over
time to 100%. Public power has a long and successful history in California and the country, so
the notion of a public agency governing the development and procurement of power is neither
new or unusual. Because public power agencies by definition do not have to make a profit for
shareholders, they are often able to provide power at lower rates than privately-held companies.
There are risks associated with this proposal as well. As the MRW report points out, costs could
be higher - or lower - for MEA power relative to PG&E's rates. MEA will set its initial rates
after PG&E's rates are approved for the upcoming year, but thereafter, PG&E may be able to
drop its rates below MEA's (although they may not set special rates for Marin County). A drop
in gas prices will cause effective rates for the CCA to rise temporarily. The converse is also true:
if gas prices rise, costs will drop for CCA customers. The point is that these are unknowns at this
time, as are PG&E's future rates. Bill Monson of MRW & Associates will make a brief
presentation and be available to address Town Council questions about the risks associated with
this endeavor. I want to stress that MRW & Associates was engaged to evaluate risk - they were
not asked to evaluate potential benefit from the program.
It is important to note that residents in Tiburon can only participate in the CCA if Tiburon
remains in the Marin Energy Authority JPA. In that event, they will automatically become CCA
customers unless they choose to `opt out' and remain with PG&E. Many notices will be sent to
inform customers of this choice.
If Tiburon withdraws from MEA, Tiburon electric customers may not participate in the CCA and
will have no alternative to PG&E as their power provider. This element alone creates a powerful
argument for remaining in MEA: doing so affords customer choice; dropping out eliminates
customer choice.
Reg financial impact, the Joint Power Authority, Marin Energy Authority, was constructed
so as to insulate all member agencies from any financial exposure to the CCA. Ratepayers, not
taxpayers, form the financial basis for the CCA and that is where the CCA must turn for its
resources.
In conclusion, if the Town Council takes no action, Tiburon will remain in the Marin Energy
Authority. If the Council wishes to withdraw from MEA, an affirmative vote calling for
withdrawal is required. It is therefore recommended that the Mayor, at the end of the evening's
discussion, inquire if any member of Council wishes to make a motion to withdraw.
If Council so wishes, it may also elect to revisit this issue at its January 6, 2010 Town Council
meeting."
DRAFT Town Council Minutes #xx -2009 December 7, 2009 Page 3
Mayor Collins introduced Supervisor McGlashan, who urged the Council to stay in MEA and not
be swayed by arguments to the contrary. He said the question before the Council, in evaluating
whether or not to withdraw from MEA, should be whether there were any risks so "irksome" or
dangerous that would preclude allowing the ratepayers of Tiburon to have a choice in their
purchase of electricity. McGlashan said that seven peer reviews could not find any irksome or
dangerous risks associated with moving forward with community choice through MEA.
Dawn Weisz, interim MEA Director, followed Supervisor's McGlashan's statement with an up-
to-the minute report from the MEA board meeting earlier in the day. She said that the Board had
prepared a response to the Grand Jury report opposing the decision to move forward with MEA.
She said that they had also voted to extend the withdrawal deadline for municipalities until
January 13, 2010.
The Mayor then introduced PGE representative, Ontario Smith, who said in his presentation that
there were several flaws in the proposed venture, such as the unknown of what rates would
actually be, and warned of its possible failure and the associated risks. He said that PG&E had
been serving customers in Marin for over 100 years and was acting in their best interest in
questioning the viability of MEA.
Mayor Collins asked for a presentation from Bill Monson, the independent analyst retained by
the Marin Managers' Association to evaluate the MEA business plan.
Mr. Monson addressed several questions raised by Mr. Smith in his presentation, as well as other
issues. He stated that he had worked for PG&E for 8.5 years in a variety of capacities. He agreed
that PG&E did not profit from what it sold but from what it owned. He said that if MEA could
build its own resources, it could "unwind" from the contract with its supplier. He said that PG&E
fixed its rates with its providers at the end of the contract, just as MEA would do; he noted that
PG&E bought renewable energy from sources like CAL PINE (geysers) just like MEA would. He
said that the energy market was a complex one but noted that MEA had and would hire
sophisticated technical consultants to advise the Board in its decision-making.
Monson said that after extensive review of the proposed MEA business plan and contract, there
were no fatal flaws. He said that there were nonetheless some risks (and unknowns) associated
with the contract, namely, the transmission congestion charges, the PG&E exit fees, and the
departing load charges.
Monson said that MEA had only negotiated congestion revenue rights for one year from PG&E,
and suggested that they should ask for pricing at the point of supply as well as the point of
delivery. With regard to the opt-out risks, he said that it was good that MEA would bear the load
(in the newest version of the contract) for its customers who decided to opt out during the initial
"opt-out" period. But he said that there was a risk associated with the cost of future exit fees
which would be subject to the volatility of natural gas prices. For instance, Monson said that if
gas prices were low, it would mean high exit fees. He recommended that MEA explore some sort
of hedge versus high exit fees to shield customers from this risk. Monson said that the departing
DRAFT Town Council Minutes #xx -2009 December 7, 2009 Page 4
load charges had the same problem (as the exit fees), and the question was whether MEA could
meet or beat PG&E pricing.
Mr. Monson said that these policy issues should be addressed by the MEA Board.
Councilmember O'Donnell thanked Mr. Monson for clarifying the question of congestion
surcharge fees.
Councilmember Fredericks asked Mr. Monson to define a "fatal flaw." Mr. Monson said that it
meant, for example, finding a way to place unexpected costs on the customers. He said that this
was not the case. Fredericks asked if the "exit fee" in the pricing could be manipulated, and
whether it could be manipulated regionally [to target Marin County]. Mr. Monson said that a lot
of different people reviewed these prices which were set system-wide, not regionally.
Vice Mayor Slavitz asked Mr. Monson if there was a risk that the opt-out charges would be
borne by the municipalities. Mr. Monson said that this was a legal question that had not been
evaluated by his company in the scope of its services. However, he commented that buying
"green power" would help insulate municipalities form the volatility of natural gas prices and
might aid them in budget planning.
Town Attorney Danforth said that state law specifically insulates members of Joint Powers
Authorities from the financial risks of the JPA, and that the MEA Joint Exercise of Powers
Agreement contained exactly those provisions.
Vice Mayor Slavitz asked if there were any other risks to the Town that the Town Attorney could
comment upon. Ms. Danforth said that there might be tort liability that had not been fully
evaluated, but that the probability of this was also barred by the JPA.
Mayor Collins opened the hearing to public comment.
The following people spoke:
• Maxine Copland, Paradise Drive, said the Town should avoid the mistakes it made in the
undergrounding districts and not join the MEA; she said no one she knew had heard of
MEA and that she would opt out of the program;
• Bill Lindqvist, resident, said MEA was a commercial enterprise being undertaken by a
public entity; he said the JPA language could be changed and that the risks of
underwriting the start-up costs might change with it; said he was concerned that the board
was comprised of elected officials and there were no independent members; stated he
would opt out of the program;
• David Barker, Lagoon View Drive, referenced his list of questions, previously submitted;
said he concluded that the MEA would not achieve what it set out to achieve and that
there was a better way to achieve a reduction in greenhouse gas emissions; said there
were some risks, such as regulatory and counter-party risks, that had not yet been
DRAFT Town Council Minutes #xx -2009 December 7, 2009 Page 5
evaluated; he encouraged the Council to withdraw from MEA and join SEED and focus
on long-range plans for energy efficiency;
• Cheryl Ross, manager for Cecilia Place homes (Ecumenical Housing Association), said
that that organization had implemented a "green" energy program; she urged the Council
to stay in MEA, stating that it was the single most impactful action they could take to
reduce greenhouse gas emissions and that it would place choices about energy production
in the hands of the community, rather than shareholders;
• Judy Cinicero, Via Los Altos, "eco-green real estate agent," said she liked the idea of
choice but wondered if MEA would be stuck with Shell Oil as its sole provider after five
years; she also questioned what the incentive was for PG&E to "green" its energy sources
if 80% came from nuclear power and 20% from other sources;
• Rebecca Collins, Fairfax resident, said that PG&E's "carbon free" energy sources such as
hydroelectric power did have emissions associated with them under new standards; said
that nuclear power and disposal was dangerous; said that the qualifications of the CPUC
board members were not technical, either; she said that local energy sources were
preferable and were available now, as in the Sonoma geysers;
• Helen Lindqvist, resident, said that people had cut back their water consumption and
could also cut their energy consumption; she challenged the idea of global warming and
said that studies showed that we are actually in a cooling trend for the last 10 years; said
that CO-2 was not a dangerous gas and that it was ridiculous to think so; said that Shell
Oil had publicly stated they were ending all new investment in wind, solar, and hydro
energy sources, and would concentrate on biofuel instead; she said concentration on
biofuels had caused world-wide food shortages; she questioned whether a 20-person
board at MEA was something the County could afford.
Mayor Collins asked MEA Director Weisz to respond to some of the issues raised during the
presentations and public comment portion of the hearing, in particular, to respond to David
Barker's written comments, the Grand Jury report, and the PG&E presentation. He noted that
written responses to the Grand Jury report from the MEA Board) were available to the public.
On the question of whether the language of the joint powers agreement (JPA) could be changed,
Ms. Weisz said that it in fact could be, but that any change would require a full vote of the Town
Council.
Mayor Collins closed the public hearing.
The Council then made their remarks that were strongly in favor of remaining in the JPA. There
was no motion to withdraw.
Councilmember Fredericks said that she had attended meetings on the formation of the Marin
Energy Authority since 2008, and that no new issues had emerged tonight. She said that she
understood the questions of risk that had been raised, and the risk associated with the process of
forming the energy authority, but she said that the MRW [Monson] report had confirmed that
DRAFT Town Council Minutes #xx -2009 December 7, 2009 Page 6
there were no new risks or fatal flaws. She said that MEA was capable of hiring experts and
competent technical staff to manage the business end.
Fredericks said that the benefits of Marin Clean Energy were that the County could generate its
own revenues to meet the greenhouse gas omission reduction goals set by AB 32, that that it
would help the County qualify for certain funding relating to these reduction programs. She said
that the Town should remain a member of the JPA.
Vice Mayor Slavitz said that he too had heard nothing new that would warrant a decision to
withdraw from MEA. He said that the risks had been extensively evaluated both to the Town and
to the customers. He said that he concluded, after legal review, that the risks were minimal to the
Town. Slavitz said that in evaluating the risks to ratepayers, it was important to think about the
costs of continuing to use non-renewable energy sources. He said that we could not go on forever
burning fossil fuels, and that that Marin Clean Energy was a way to move forward in that
direction.
Councilmember O'Donnell echoed Slavitz' remarks, and said that pressing for greater renewable
energy would benefit the ratepayers in the long run. He said that the risks were small and that this
plan would give customers a choice and that he would vote to remain in the JPA. O'Donnell did
state that he was concerned about the "back end" of the business plan. He said that there was a
certain amount of hubris in thinking about becoming an energy producer and floating a $400
million bond. Rather, O'Donnell said that he would like to see MEA retain its broker status and
become a marketer and distributer of renewable energy, which he referred to as the "Nike
strategy."
Councilmember Fraser said that he had attended the orientation meetings for new council
members and the public workshop the previous week in Mill Valley. He said that he, too,
supported reduction of greenhouse gas emissions and renewable energy and that MEA
represented a long-term solution. He said that in his experience in business internationally,
choice created competition which was desirable.
Mayor Collins thanked Mr. Barker for his thorough and thoughtful analysis. He said that he
agreed with him on the importance of supporting energy efficiency programs moving forward.
He also agreed that the board members of MEA were not energy professionals but that they had
technical advisors and professional staff. He said that the Monson report had answered many of
the questions that were raised about the efficacy of the business plan. He also said that he agreed
with Councilmember O'Donnell about the "back end" of the plan and said that his comments
would be evaluated by the Board more fully. He said that the contract with Shell Energy was a
means to an end and that the contract was a start. He said that the "end game" was to reduce
emissions and that the contract would start with a percentage of renewable energy and end with
100% renewable energy. He said that remaining in the JPA would allow the residents of Tiburon
to have a choice in its energy production sources and that he was in favor of letting the ratepayers
choose.
DRAFT Town Council Minutes #xx -2009 December 7, 2009 Page 7
The Mayor recommended that a final decision not be made tonight, as noted in the introductory
remarks.
Councilmember Fredericks asked if the matter could be brought back in January as a Consent
Calendar item. Council concurred that this was a good approach.
Mayor Collins noted that any member of the Council or public could ask for the item to be taken
off Consent for additional comment.
Matter continued to January 6, 2010.
CONSENT CALENDAR
1. Cypress Hollow Playground Renovation Project - Adopt Resolution accepting project
and authorize filing of Notice of Completion (Director of Public Works/Town Engineer
Nguyen)
MOTION: To adopt Consent Calendar, as written.
Moved: Slavitz, seconded by Fredericks
Vote: AYES: Unanimous
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 10:27 p.m., to the next regular meeting of the Council scheduled for
January 6, 2010.
RICHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #xx -2009 December 7, 2009 Page 8
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Clerk
Town Council Meeting
January 6, 2010
Agenda Item:
Subject: Announcement of Vacancies on Town Boards, Commissions & Committees
Reviewed By:
BACKGROUND
Town Council Resolution No. 16-2007 (Appointments Procedure) requires the Mayor to
announce current and pending vacancies on Town boards, commissions and committees at the
first regular meeting of the New Year. A notice is subsequently published in the Ark newspaper
and posted at Town Hall and the Belvedere-Tiburon Library for the purpose of informing the
public of these vacancies and to seek applicants to fill the positions.
Commissioners whose terms are expiring in 2010 will be notified by the Town Clerk of their term
expirations and asked whether they are interested in seeking reappointment. Due consideration
will be given to incumbent commissioners, however, the Council is required to interview all new
applicants, pursuant to Resolution No. 16-2007.
An exception to this rule is for appointments to fill terms or vacancies of less than two years in
duration; the Council is not required to advertise or interview for these pending vacancies,
pursuant to Resolution No. 16-2007. Examples of this rule in 2010 are the term expirations of Jt.
Recreation Commissioner Erin Tollini (appointed in October, 2008), as well as the term
expirations of POST Commissioners Ralph Leighton and Jill Sperber (appointed in June of
2008). These commissioners will be notified of their pending term expirations and informed of
their eligibility for automatic reappointment. If any of the commissioners decides that they do not
wish to seek another term, they will notify the Town Clerk at that time.
The following is a list of current and pending vacancies on Town boards, commissions and
committees in 2010:
• PLANNING COMMISSION - Two (2) current vacancies (Jim Fraser & Emmett
O'Donnell) and one (1) pending vacancy (John Corcoran);
• HERITAGE & ARTS COMMISSION - Three (3) pending vacancies (Peggy Bremer,
Dave Gotz, Ida Mae Berg);
• BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF DIRECTORS - One (1)
pending vacancy (Beverlee Johnson).
6, 2010
RECOMMENDATION
Staff recommends that the Council announce the current and pending vacancies on Town boards,
commissions and committees in 2010 by adoption of this report on the Consent Calendar.
Exhibit: Notice of Current & Pending Vacancies on Town Boards, Commissions & Committees/ January 2010
Prepared By: Diane Crane Iacopi, Town Clerk
z: ,
Tt'% t H T1F,( ?
NOTICE OF CURRENT & PENDING VACANCIES
ON
TOWN BOARDS, COMMISSIONS & COMMITTEES
PLANNING COMMISSION
HERITAGE & ARTS COMMISSION
LIBRARY AGENCY BOARD OF DIRECTORS
January 2010
The following vacancies on Town Boards, Commissions and Committees are current or pending
in 2010. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct
interviews of interested applicants beginning in February 2010.
Current commissioners whose terms are expiring may seek re-appointment for another term.
Most Town appointments are made for four-year terms, effective March 1, 2010. Other terms are
stated in the agency's by-laws, for instance, the Belvedere-Tiburon Library Agency terms are for
three years and expire at the end of June.
Applicants should be residents of the Town of Tiburon and have the time, interest and desire to
serve on the board or commission, including attendance at regular monthly meetings and other
activities. Some commissions, such as Heritage & Arts, are comprised of residents of both
Tiburon and Belvedere, or the Tiburon Peninsula.
Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's
website, www. ci. tiburon. ca. us (click on "Useful Forms"). You may contact Town Clerk Diane
Crane Iacopi at 435-7377 for more information. Please submit your application by January 29,
2010.
TOWN OF TIBURON
CURRENT & PENDING VACANCIES ON
BOARDS, COMMISSIONS & COMMITTEES
JANUARY 2010
PLANNING COMMISSION
Appointee
Appointed
Term Expires
• Jim Fraser
2004;2006
2/28/10
• John Corcoran
2008
2/18/10
• Emmett O'Donnell
2006;2007
2/28/11
HERITAGE & ARTS COMMISSION
Appointee
Appointed
Term Expires
• David Gotz
2001;2002;2006
2/28/10
• Peggy Bremer
2001;2002;2006
2/28/10
• Ida Mae Berg
2006
2/28/10
BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES
Appointee
Appointed
Term Expires
• Beverlee Johnson
June 2007
June 2010
Courtesy Copies to:
The Ark (for publication on January 13 & 20, 2010)
The Marin Independent Journal
Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Administrative Services Department
Town Council Meeting
January 6, 2010
Agenda Item: C,-..- ,
5-
Update Town Check Signature Authority Resolution
The Town Council adopts by resolution those officials and employees who shall have authority to
sign and endorse Town checks. Now that the new Council has been seated, it is appropriate to
officially add the new members to the Town's signature authority resolution and notify the
Town's banking institution, Bank of America, of this change.
FINANCIAL IMPACT
There is no financial impact from this action.
RECOMMENDATION
Staff recommends that the Town Council:
Move to adopt the resolution authorizing the signing and endorsing of checks and
other instruments of payment and access to documents retained in safekeeping.
Exhibits: Draft Resolution
Prepared By: Heidi Bigall, Director of Administrative Services
RESOLUTION NO. 01-2010
A RESOLUTION OF THE TOWN COUNCIL OF
THE TOWN OF TIBURON AUTHORIZING THE SIGNING AND
ENDORSING OF CHECKS AND OTHER INSTRUMENTS OF PAYMENT
& ACCESS TO DOCUMENTS RETAINED IN SAFEKEEPING
WHEREAS, the Town of Tiburon has, by resolution, adopted a policy which identifies
the employees and officials who may sign and endorse checks and other instruments of payment
on behalf of the Town, and which employees may have authorization for access to Town
documents held in safekeeping: and
WHEREAS, from time to time as employees or Council members authorized to sign and
endorse checks and other instruments of payment on behalf of the Town leave the Town's
service it becomes necessary to add an authorized signer, and
NOW THEREFORE, BE IT RESOLVED THAT:
1. The Bank of America, Tiburon Branch, shall be the depository for all funds of the
Town of Tiburon. Commercial accounts shall be established and maintained by and in the name
of the Town of Tiburon and its Redevelopment Agency at the designated bank upon and subject
to such terms as may be agreed to from time to time.
2. All checks, drafts and other instruments for payment from the Town's commercial
General and Redevelopment Agency accounts in the amount of $2,500.00 or less, or relating to
the Town's state and federal payroll tax obligations or PERS retirement or health insurance
benefit obligations in any amount shall be signed on behalf of the Town by any two (2) of the
following people: Town Manager (Margaret A. Curran), Director of Administrative Services
(Heidi Bigall), Town Attorney (Ann Danforth), or any member of the current Town Council
(Richard Collins, Alice Fredericks, Jim Fraser, Emmett O'Donnell, and Jeff Slavitz). All
checks, drafts and other instruments for payment from the Town's commercial General and
Redevelopment accounts which exceed $2,500 shall be signed on behalf of the Town by (1) the
Town Manager and in his/her absence the Director of Administrative Services or Town Attorney
plus (2) one member of the Town Council.
3. All checks, drafts or other instruments for payment made payable to the Town of
Tiburon may be endorsed for deposit by written or stamped endorsement in the name of the
Town of Tiburon (Tiburon Redevelopment Agency) without individual signatures.
4. Staff is directed to provide a certified copy of this resolution to the Bank of
America along with signature authorization forms which include signatures of the individuals
currently holding the following positions: Town Manager, Director of Administrative Services,
Town Attorney, and Town Council members. The Town Clerk shall inform the Bank of America
of any changes in these positions and provide new signature cards when necessary.
-1-
5. The Bank of America is requested and authorized to honor, receive, certify or pay
any instrument signed or endorsed in accordance with this Resolution. This Resolution and
signature authorization forms submitted by the Town Clerk shall remain in full force and effect,
and the Bank is authorized and requested to rely and act thereon, until such time as the Bank
receives written notice of any changes from the Town Clerk.
6. The Bank of America, Tiburon Branch is the location of four Safe Deposit Boxes that
the Town rents from the Bank. The following employees of the Town are authorized by signature to
place, extract, or review items held in safekeeping: Town Manager (Margaret A. Curran), Town
Attorney (Ann Danforth), Town Clerk, (Diane Crane Iacopi), and Director of Administrative Services
(Heidi Bigall).
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on
January 6, 2010, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
-2-
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Town Attorney's Office
Town Council Meeting
January 6, 2010
Agenda Item: C(-_
Recommendation to Adopt and Authorize the Mayor to Execute the
Third Amendment to Town Manager's Employment Agreement
On November 21 and December 2, 2009, the Town Council met in closed session to conduct an
evaluation of Town Manager Peggy Curran. In light of the difficult financial climate, the Town
Council is not granting a salary increase to the Town Manager this year. However, the attached
amendment to her Employment Agreement would convert her current monthly housing allowance
to salary. In that the Town Manager currently resides within 10 miles of Town Hall and is
willing to accept a contract amendment that will make such residency a requirement of
employment, there is no need to provide the current $750/month housing allowance as an
incentive for this result.
FINANCIAL IMPACT
While the amount of net compensation to the Town Manager is unchanged by this amendment, it
will result in a small enhancement to her eventual CalPERS retirement. The cost to the Town for
this conversation is an additional $1,530 annual payment to CalPERS. The adopted municipal
budget accommodates this enhancement.
RECOMMENDATION
I recommend that the Town Council:
Move to adopt, and authorize the Mayor to execute, the second amendment to the Town
Manager's Employment Agreement as presented.
Prepared By: Ann R. Danforth, Town Attorney
THIRD AMENDMENT TO TOWN MANAGER'S
EMPLOYMENT AGREEMENT
This AMENDMENT TO THE TOWN MANAGER'S EMPLOYMENT
AGREEMENT ("Amendment") is effective as of July 1, 2009, by and between The
Town of Tiburon ("Town") and Margaret A. Curran ("Employee").
RECITALS
The Town employs Employee as its Town Manager, pursuant to an Employment
Agreement effective October 2, 2006 ("Manager's Agreement").
The Town Council has conducted its third performance evaluation of Employee as set
forth in the Manager's Agreement and is well satisfied with Employee's performance.
The Council finds that the Employee has demonstrated management and leadership skills
that compare favorably to persons holding similar positions in similar agencies.
The Town's policy is to offer compensation packages that are competitive with similar
employers for similar positions so as to maintain the highest quality staff to serve the
public. To continue to maintain a competitive compensation package for Employee so as
to retain Employee as Town Manager, the Council has decided to modify the Manager's
Agreement as set forth in this Amendment and Employee has agreed to such
modification. Due to current economic constraints, however, Employee shall not receive
any increase in net salary despite exemplary service.
NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS
AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS
AMENDMENT, IT IS AGREED AS FOLLOWS:
1. Base Salary. Section 4.1 of the Manager's Agreement shall be amended as
follows: Employee shall receive a base salary of one hundred eighty thousand
eight hundred sixty-four dollars ($189,864) per year.
2. Monthly Payments. Section 4.5 (b) of the Manager's Agreement shall be deleted
and replaced with a new Section 4.5 (b) as follows:
Residency Requirement
The Town Council believes that the Employee's performance as Town Manager will
be enhanced if she resides in or near Tiburon. Accordingly, Employee agrees to
maintain her main residence within ten miles of Tiburon Town Hall at 1505 Tiburon
Boulevard during her employment with Town.
3. Except as expressly modified by this Amendment, the Manager's Agreement
between the Town and Employee shall remain in full force and effect.
IN WITNESS WHEREOF, this Amendment to the Manager's Agreement shall be
effective as of the day and year written above.
Dated:
THE TOWN OF TIBURON:
By:
Richard Collins
Mayor, Town of Tiburon
APPROVED AS TO FORM
Ann R. Danforth
Town Attorney, Town of Tiburon
EMPLOYEE
Margaret A. Curran
Town Manager, Town of Tiburon
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subj ect:
Reviewed by:
BACKGROUND
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
January 6, 2010
Agenda Item: C
Annual Reporting of Development Impact Fees Pursuant to the
California Government Code
Similar to most cities and counties in California, the Town of Tiburon imposes public facilities
fees on development projects during the approval process. Certain of these fees are categorized
as "development fees" under Section 66000 et seq. of the California Government Code. Section
66006 of that code requires that specific data regarding development fees is made available to the
public within 180 days following the end of each fiscal year, with a public meeting held on the
matter at the next regularly scheduled meeting following release of the data. This report sets
forth the required annual data reporting for the Town's development fee accounts for Fiscal Year
2008-2009, which closed on June 30, 2009.
ANALYSIS
The Town of Tiburon imposes four categories of fees that could qualify as development fees.
These categories are 1) traffic impact fees 2) street impact fees 3) affordable housing in-lieu fees
and 4) stormwater runoff fees. Park and recreation in-lieu fees, which the Town also collects, are
not defined as development fees in the statute. Reporting data for each of the Town's
development fee categories is shown below.
Traffic Mitigation Funds
In 1996, the Town established two separate traffic mitigation fee accounts, each addressing
different portions of the Tiburon Planning Area. The Town Council received a mandatory five-
year report on these funds in January 2007 and made findings regarding the future use of
unexpended funds in these accounts; the next scheduled five-year review is set for January 2012.
In March 2007, an updated Traffic Mitigation Fee Schedule based on projections from the
Town's General Plan Tiburon 2020 went into effect. The two traffic mitigation accounts and the
required data for this annual report are as follows:
Circulation System Improvement Fund (CSII): This fund contains the collected exactions for
construction of public traffic improvements in the incorporated portions of the Tiburon Planning
Area. The fee varies depending on the location of the project in relation to intersections
identified in the General Plan Circulation Element as requiring improvement. The fee varies
from $ 0 per PM peak trip to $ 5,278 per PM peak trip.
TIBURON CIRCULATION SYSTEM IMPROVEMENT FUND
Fund Balance, July 1, 2008
Revenues:
Fees Collected $5,603
Interest Income $1,376
TOTAL REVENUES
Expenditures:
TOTAL EXPENDITURES
Fund Balance, June 30, 2009
$20,792
$6,979
$27,771
In the adopted Fiscal Year 2009-10 budget, the Town has programmed $15,000 in expenditures
from the Tiburon Circulation System Improvement Fund for the purpose of funding a
contribution to CalTrans for in-ground flashing beacons at Stewart Drive and Tiburon Boulevard,
which has been carried over from FY 2008-2009. Sufficient funds are anticipated to construct
these improvements. No inter-fund loans or transfers occurred from this account for FY2008-09
and no refunds from this account were issued in FY 2008-09.
Planning Area Mitigation Fund (PAMF): This fund contains the collected exactions for public
traffic improvements in portions of the Tiburon Planning Area outside of the Town's corporate
limits. The fee varies depending on the location of the project in relation to intersections
identified in the General Plan Circulation Element for improvement. The fee varies from $0 per
PM peak trip to $361 per PM peak trip.
TIBURON PLANNING AREA MITIGATION FUND
Fund Balance, July 1, 2008 $172,634
Revenues:
Fees Collected $412
Interest Income $3,864
TOTAL REVENUES $4,276
Expenditures: $0
TOTAL EXPENDITURES ($0)
Fund Balance, June 30, 2009 $176,910
$0
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The FY 2009-10 Town budget does not contain any expenditures from this account. Additional
future projects to which these funds would be contributed include a merge/acceleration lane at the
Tiburon Boulevard/Cecilia Way intersection and capacity improvements at the Tiburon
Boulevard/Redwood Highway Frontage Road intersection. These improvements are set forth in
the General Plan Circulation Element, but are likely to be at least five years away. The cost of
these improvements will exceed funds available at this time. No inter-fund loans or transfers
occurred in this account for FY2008-09 and no refunds from this account were issued in FY
2008-09.
Street Impact Fund
The street impact fee initially went into effect in July 1999. This fee partially off-sets the Town's
costs of public roadway maintenance by assessing a fee of 1.0% (.01) on the valuation of all
building permits issued by the Town. A project with a $100,000 building permit valuation would
therefore be subject to a street impact fee of $1,000. The Town Council received a mandatory
five-year report on these funds in January 2005 and another such a report is required at this time
and is addressed separately on this meeting agenda.
TIBURON STREET IMPACT FUND
Fund Balance, July 1, 2008 $917,061 1
Revenues:
Fees Collected $704,243
Interest Income $25,814
Refund/Reimbursement $0
TOTAL REVENUES $730,057
Expenditures: $0
(All projects carried over to FY 2009-10)
TOTAL EXPENDITURES ($0)
Fund Balance, June 30, 2009 $1,647,118
EXPENDITURES
Projects completed FY 2008-09: Cost % from Fund
All projects carried over to FY 2009-10 $0 0%
Total Projects FY 2008-09 $0 0%
For FY 2009-10, the Town has identified in its adopted budget $920,000 in planned street
improvement projects to be funded by the Street Impact Fund, including those projects carried
over from FY 2008-09. These improvements are expected to be underway and/or completed in
FY 2009-10. The Town maintains a Pavement Management Program (PMP), which analyzes the
condition of the Town's streets and suggests appropriate repair/replacement techniques based on
this analysis. In 2006, the Town embarked on an aggressive program to eliminate its "failed"
street segments, which is expected to be largely complete by the end of the fiscal year. No
refunds or transfers were issued from this account in FY 2008-2009.
Affordable Housing In-Lieu Fund
This fee is collected either at the subdivision map or building permit stage, at the option of the
developer. Its revenues are used for the design and construction of permanently affordable
housing units or for other actions that would directly preserve, conserve, rehabilitate, or increase
the supply of affordable units in the Tiburon Planning Area. The fee is calculated using a
formula contained within Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. The
formula contains several variables (such as interest rates) and the amount of the fee can vary over
time depending on these variables. Generally, the in-lieu fee amount ranges from $425,000 to
$475,000 for each required affordable unit that is not built, dependent upon prevailing interest
rates and other variables at the time of calculation. A project creating 12 or more units or lots
would be responsible to provide 20% affordable units or pay the resulting in-lieu fee. Projects
that create 7 through 11 units would be responsible for providing 15% affordable units. Projects
that create 2 through 6 new lots or units pay a prorated share of the in-lieu fee, for example, a 6-
unit project would pay 0.9 of the in-lieu fee for an affordable unit not built. It is unclear whether
affordable housing in-lieu fees are a "development fee" as defined in state law; however, the
following information is public record.
AFFORDABLE HOUSING IN-LIEU FUND
Fund Balance, July 1, 2008 $1,319,682
Revenues:
Sale of Town Owned Unit $0
Interest Income $24,526
TOTAL REVENUES $24,526
Expenditures:
Marin Renters Rebate $4,018
Bank Fees $272
Marin Housing JPA $11,356
TOTAL EXPENDITURES
($15,646)
Fund Balance, June 30, 2009 $1,327,888
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The Town Council received a 5-year report on these funds in January 2006 and made findings
regarding unexpended funds. The next 5-year report will be due in January 2011. For FY 2009-
10 the Town has $24,725 in expenditures planned from the Affordable Housing In-Lieu Fund.
Several affordable housing sites are identified in the Housing Element of the Tiburon General
Plan, and as developers move forward with actual projects, the housing in-lieu funds collected
will be expended toward affordable housing projects. No inter-fund loans or transfers occurred in
this account for FY2008-09, and no refunds from this account were issued in FY 2008-09.
Stormwater Runoff Fund
The Town adopted a Stormwater Runoff impact fee in 2004 and began collecting fees in 2005.
The stormwater impact fee helps recover the costs of upgrading the Town's public storm drain
system to accommodate additional runoff caused by new construction. The fee is $1.00 per
square foot of new impervious surface created by construction projects. A 5-year report and
findings is due on this funding account on January 2011.
STORMWATER RUNOFF FUND
Fund Balance, July 1, 2008 $225,570
Revenues:
Fees Collected $49,807
Interest Income $4,109
TOTAL REVENUES $53,916
Expenditures:
Storm Drainage Improvements $73,068
TOTAL EXPENDITURES ($73,068)
Fund Balance, June 30, 2009
$206,417
For FY 2009-10 the Town has $200,000 in expenditures planned from the Storm Water Runoff
Fund for culvert and storm drain repairs. No inter-fund loans or transfers occurred in this account
for FY2008-09, and no refunds from this account were issued in FY 2008-09.
RECOMMENDATION
Staff recommends that the Town Council:
1. Take any public testimony
2. Accept the report
Prepared By: Scott Anderson, Director of Community Development
TOWN OF TIBURON
1505 Tiburon Boulevard
~Tiburon, CA 94920
To: Mayor & Members of the Town Council
From: Community Development Department
Town Council Meeting
January 6, 2010
Agenda Item:
cc,
Subject: Street Impact Fees: Required Five-Year Reporting and Findings
Reviewed by:
BACKGROUND
For approximately ten years, the Town of Tiburon has assessed street impact fees in conjunction
with building permits in order to partially offset the cost of roadway damage caused by
construction activity. The Town began collection of street impact fees in FY 1999-2000,
pursuant to Town Council Resolution No. 3330, effective July 5, 1999. State law requires that
during the fifth fiscal year following deposit of the first fee deposited in such accounts, and every
five years thereafter, the legislative body must make certain findings regarding the unexpended
funds. The Town Council most recently made such findings in January, 2005. This report sets
forth the status of the Town's street impact fee account and makes the findings required by state
law for the five year period following the close of the FY 2003-2004 budget.
ANALYSIS
State law requires the following topics to be addressed, and findings made, with respect to
unexpended funds in the Town's street impact fee account. In making the findings, reference to
existing public documents containing the pertinent information is allowed under the State law.
1. Purpose of the Fee
The Town Council finds that the purpose of the fees is to maintain the Town's public street
system by partially off-setting the cost of road maintenance and repair caused by construction
activity.
2. Reasonable Relationship Between the Fees and the Purpose for which they are Charged
All street impact fees are based on the valuation of the construction project that generates the
construction traffic that will damage and degrade the Town's public street network. The Town
Council finds that the justification and the mechanism for calculating fees are adequately set forth
in the Staff Report dated May 5, 1999 and the associated Town Engineer Analysis dated April 22,
1999, and in the study prepared by Hilton, Farnkopf & Hobson, LLC dated October 4, 2004, all
of which are available for public review at Tiburon Town Hall.
3 Sources and Amounts of Funding Anticipated to Complete Financing of Improvements
Overlay, repair, and, where necessary, reconstruction of the Town's public street network is an
ongoing process. The Town combines street impact fee revenues with state gas tax monies,
general fund revenues, federal grants, and other sources in an effort to maintain the Town's street
network. The Town of Tiburon periodically performs a Pavement Management Program (PMP)
update, the most recent of which is dated October, 2008. The PMP Update Final Report is
available for review at Tiburon Town Hall. The Town of Tiburon maintains approximately 36
centerline miles of pavement divided between arterials, collectors, and local streets. The
estimated replacement cost of the Town's pavement is $53 million. The Town's Pavement
Condition Index (PCI) is currently about 68 on a 100-point scale, with 100 being a new street. A
PCI of 62 is considered "Good" condition, while a PCI of 49 is considered "Poor" condition and
a PCI of 70 is the low end of "Very Good" condition. The Town has established a PCI goal of
70. The PMP identified a total street maintenance/repair need over the next five years at $12
million (about $2.4 million per year). The Town's current annual budget goal for street
maintenance and repair (from all sources) is approximately $1,000,000, of which approximately
$450,000 is from the street impact fund. The PMP recommends an annual expenditure rate of
over $1 million in order to gradually increase the PCI while reducing the growth (but not
reversing) the eventual cost and amount of deferred maintenance. The PMP finds that an annual
expenditure of $2.4 million would be required to both improve the PCI and decrease eventual
deferred maintenance costs. The Town Council finds that the ongoing collection and expenditure
of street impact fees will help to slow the deterioration of the public street system. The current
balance of $1,647,118 unexpended in the account as of 7/1/2009 reflects projects that were not
completed in FY 2008-2009 and have been carried over to the current fiscal year, as well as
planned expenditures for FY 2009-2010. A total of $920,000 is budgeted from this account for
expenditure in FY 2009-2010.
4. ADDroximate Dates When Necessary Funding is Anticipated to be Deposited
The Town Council finds that street repair and maintenance resulting from construction-related
damage is an ongoing process. As long as new construction, remodeling, and other construction-
related activity occurs in the Town, street damage will result. Street impact fees are generally
expended within 2-3 years of collection.
STATUS REPORT ON SPECIFIC STREET IMPROVEMENTS
In FY2008-2009 the Town expended no funds from this account. All programmed expenditures
were carried over to FY 2009-2010 because of timing in the development of the projects and
actual construction that carried into this fiscal year.
The Town has budgeted $2,170,000 for street rehabilitation as part of its Capital Improvement
Budget for FY 2009-2010; of this amount, $1,320,000 is carry-over to complete projects planned
for the prior fiscal year. The FY 2009-2010 street rehabilitation expenditure program includes
the following tentative list of candidate streets, some in their entirety and some portions only:
Sommers Court, Park Place, Beach Road, Lyford Drive, Marinero Circle, Monterey Drive,
Blackfteld Drive, Paradise Drive, Hilary Drive, Taylor Road, Benton Court, Hacienda
Drive, Stewart Drive, Washington Court, Pine Terrace, Virginia Drive, and Paseo Mirasol.
S
77-17
The work is anticipated to begin in spring 2010.
The FY 2008-2009 street improvement project that was rolled over into the current fiscal year
was completed in November, 2009, and has been accepted as complete by the Town Council.
RECOMMENDATION
Staff recommends that the Town Council take any public testimony and adopt the resolution
(Exhibit 1) making the required findings.
EXHIBITS
A. Draft Resolution.
S:WdministrationlTown CouncibStaff Reports 120101Jan 6 DRAF7Ystreet impact fee report 2010.doc
RESOLUTION NO. XX-2010
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON MAKING CERTAIN FINDINGS REGARDING
FEES COLLECTED FOR STREET IMPACT PURPOSES
The Town Council of the Town of Tiburon does hereby resolve as follows:
WHEREAS, for the past several years, the Town of Tiburon has assessed street
impact fees in conjunction with building permits in order to partially offset the cost of roadway
damage caused by construction activity; and
WHEREAS, the Town began collection of its street impact fee in FY 1999-2000,
pursuant to Town Council Resolution No. 3330, effective July 5, 1999; and
WHEREAS, the Town of Tiburon has collected street impact fees since adoption
of Resolution 3330 in 1999 and since an amendment to the fees was adopted on April 16, 2005
by adoption of Resolution No. 15-2005. Pursuant to the California Government Code, the Town
Council is required to make certain findings relative to unexpended funds collected for such
purposes after the fifth fiscal year in which the initial deposit is made, and
WHEREAS, the Town Council most recently made such findings at its meeting
on January 19, 2005; and
WHEREAS, the Town has prepared the required documentation regarding the
unexpended fees and such documentation has been available for public review for at least fifteen
(15) days, and
WHEREAS, the Town Council received the required documentation in the form
of a Staff Report prior to its meeting of January 6, 2010 and held a public hearing on the matter
on January 6, 2010.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby make the following findings relative to its unexpended street impact fees.
1. Purpose of the Fees. The Town Council finds that the purpose of the street
impact fees is to partially offset the costs of maintenance and repair of Town-
maintained roadways resulting from damage caused by construction activity.
2. Reasonable Relationship Between the Fees and the Purpose for which they
are Charged. The Town Council finds that street impact fees are based on the
pro rata share of street damage caused by construction activity. The Town
Tiburon Town Council Resolution No. XX-2010 --1--12010
EXHIBIT NO.
Council further finds that the justification and the mechanism for calculating fees
are adequately set forth in the following documents: Staff Report dated May 5,
1999; Town Engineer Analysis dated April 22, 1999; Study prepared by Hilton
Farnkopf & Hobson, LLC dated October 4, 2004, all of which are available for
public review at Tiburon Town Hall.
3. Sources and Amounts of Funding Anticipated to Complete Financing of
Improvements. The Town Council finds as follows:
a. The Town of Tiburon uses its Pavement Management Program to help
prioritize street repair and/or reconstruction needs. The current Pavement
Management Plan, dated October 2008, is available for review at Town
Hall. The Town of Tiburon maintains approximately 36 centerline miles
of pavement divided between arterials, collectors, and local streets.
According to the Pavement management Plan, the estimated replacement
cost of the Town's pavement is $53 million. The Town's Pavement
Condition Index (PCI) is currently about 68 on a 100-point scale, with 100
being a new street. A PCI of 62 is considered "Good" condition, while a
PCI of 49 is considered "Poor" condition and a PCI of 70 is the low end of
"Very Good" condition. The Town has established a PCI goal of 70. The
PMP identified a total street maintenance/repair need over the next five
years at $12 million (about $2.4 million per year). The Town's current
annual budget goal for street maintenance and repair (from all sources) is
approximately $1,000,000, of which approximately $450,000 is from the
street impact fund. The PMP recommends an annual expenditure rate of
over $1 million in order to gradually increase the PCI while reducing the
growth (but not reversing) the eventual cost and amount of deferred
maintenance. The PMP finds that an annual expenditure of $2.4 million
would be required to both improve the PCI and decrease eventual deferred
maintenance costs. The Town Council finds that the ongoing collection
and expenditure of street impact fees will help to slow the deterioration of
the public street system. The current balance of $1,647,118 unexpended in
the account as of 7/1/2009 reflects projects that were not completed in FY
2008-2009 and have been carried over to the current fiscal year, as well as
planned expenditures for FY 2009-2010. A total of $920,000 is budgeted
from this account for expenditure in FY 2009-2010.
b. Street repair and maintenance resulting from construction-related damage
is an ongoing process. As long as new construction, remodeling, and other
construction-related activity occurs in the Town, street damage will result.
For FY 2009-2010, a total of $920,000 is budgeted from the street impact
fund for street repairs.
Tiburon Town Council Resolution No. XX-2010 --1--12010 2
C. The Town is aware that additional sources of funding, including but not
limited to, funds from the State and Federal governments, County of
Marin Congestion Management Agency, and Metropolitan Transportation
Commission, will be required to supplement the Town's street impact fees
in order to maintain the Town's streets in a serviceable condition.
4. Approximate Dates When Necessary Funding is Anticipated to be Deposited.
The Town Council finds that street repair and maintenance resulting from
construction-related damage is an ongoing process. As long as new construction,
remodeling, and other construction-related activity occurs in the Town, street
damage will result. Typically, street impact fees are expended within 1-3 years of
collection.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon, State of California, held this _ day of January, 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: Win inistration I Town CouncihStaff Reports1201OVan 6 DRAFTSIStreet impact findings resolution 2010.doc
Tiburon Town Council Resolution No. XX-2010 --1--12010 3
To:
From:
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
January 6, 2010
Agenda Item: C1
Subject: 22 Mercury Avenue: Resolution Waiving Fees for Reapplication with
Respect to an Appeal of the Design Review Board Decision's to
Approve a Site Plan and Architectural Review Application for the
Construction of a New Single-Family Dwelling
Reviewed By:
BACKGROUND
On October 21, 2009, the Town Council heard an appeal of the Design Review Board's approval of a
Site Plan and Architectural Review application for the construction of a new single-family dwelling
at 22 Mercury Avenue (File #709047), filed by owners and applicants Jennifer and Samuel Dibble.
Following extensive testimony at that hearing, the Town Council voted to remand the item to the
Design Review Board for further review. The Town Council provided specific direction to the
applicants and the Design Review Board to consider in further addressing privacy and other
unresolved project impacts as were identified by the Town Council at the appeal hearing.
Technically, the item is still pending before the Design Review Board.
ANALYSIS
The applicants have indicated that while they still desire to pursue a revised project, it could be many
months before they are prepared to return with a revised application for hearing before the Design
Review Board. The applicants are concerned that following such a lengthy time period between
hearings, that the Town would assess new application fees that would not be assessed during the
normal course of a remanded application.
Town staff has worked with the applicants to devise a means by which the applicants would formally
withdraw the current application provided that the Town would not assess new processing fees for a
revised application if such filing occurs within eighteen (18) months of the Town Council's
remanding of the item to the Design Review Board, and provided that any re-filed application
reasonably incorporates the general direction of the Town Council from the October 21, 2009
hearing.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Staff believes that this is a fair course of action and is hopeful that a substantial delay in pursuit of the
application at this time may provide a valuable opportunity for thoughtful and reasoned discussion
and collaboration between the applicants and neighbors toward a solution acceptable to all.
FISCAL IMPACT
Applications for site plan and architectural review permits are not assessed additional fees upon
remand, so there would be no direct fiscal impact on the Town.
RECOMMENDATION
Staff recommends that the Town Council move to adopt the attached resolution.
EXHIBIT
1. Draft Resolution
Prepared By: Scott Anderson, Director of Community Development
S:Wministrationl Town CouncillStaff Reportsl20101Jan 6 DRAFTSI22 Mercury Avenue fee report.doc
RESOLUTION NO. XX-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
GRANTING A PERIOD OF TIME FOR THE REAPPLICATION WITHOUT
ADDITIONAL PAYMENT OF FEES FOR A PROJECT AT
22 MERCURY AVENUE
WHEREAS, on October 21, 2009, the Town Council heard an appeal of the
Design Review Board's August 20, 2009 approval of a Site Plan and Architectural
Review application for the construction of a new single-family dwelling at 22 Mercury
Avenue (File #709047), filed by owners and applicants Jennifer and Samuel Dibble; and
WHEREAS, following extensive testimony at that hearing, the Town Council
voted to remand the item to the Design Review Board for further review, hearing, and
action. The Town Council provided specific direction to the applicants and the Design
Review Board to consider in further addressing privacy and other unresolved project
impacts as were identified by the Town Council at the appeal hearing; and
WHEREAS, the applicants have indicated a desire to pursue additional review
of a project approval for the property, but have indicated that it might be several months
before a revised application could be developed and submitted for review to the Design
Review Board for consideration; and
WHEREAS, the applicants have offered to formally withdraw the current
application provided that the Town would not assess new fees for the filing of a revised
application if such filing occurs within 18 months of the Town Council's remanding of
the item to the Design Review Board; and
WHEREAS, the Town Council finds that additional fees would not have been
required of the applicants in the regular course of remanding of the application to the
Design Review Board for further review, hearing and action; and
WHEREAS, the Town Council finds that a substantial delay in pursuit of the
application at this time may provide a valuable opportunity for thoughtful and reasoned
discussion and collaboration by the applicants and neighbors and is a prudent course of
action with no substantive economic effect on the Town.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town
of Tiburon hereby agrees to waive the payment of application fees for a re-submittal of a
revised project application for 22 Mercury Avenue, said waiver to be valid for a period
not to exceed eighteen (18) months, for a submittal made prior to April 21, 2011, on the
conditions that: 1) the applicants withdraw in writing the pending application (File
#709047) within ten (10) calendar days of the adoption of this Resolution; and 2) any
revised project application benefiting from this waiver shall reasonably incorporate the
general direction of the Town Council from the October 21, 2009 appeal hearing in terms
of reducing privacy and other unresolved project impacts.
Tiburon Town Council Resolution No. XX-2010 4--12010 Page I of 2
PASSED AND ADOPTED at a regular meeting of the Town Council on
, 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS :
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S:IAdministrationlTown CouncibStaff Reports 1201 0Uan 6DRAF7SI22 Mercury reso.doc
Town Council Resolution No. 17-2008 adopted on April 2, 2008 Page 2 of 2
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Manager
Office of the Town Attorney
Town Council Meeting
January 6, 2010
Agenda Item: lip
CC" _ /V
Subject: Review of Marin Energy Authority Contract for Renewable Electric Power
(Mann Clean Energy Community Choice Aggregation) and Affirmation of
December 7, 2009 Decision to Remain in the Marin Energy Authority to
Permit Participation in the Program
Reviewed By:
BACKGROUND
On December 7, 2009, the Town Council held a Special Meeting to hear from presenters and the
public, and to determine whether the Council wishes to have Tiburon participate in the Marin
Clean Energy CCA program or withdraw from membership in the Marin Energy Authority.
Parties interested in details of the MEA program may refer to the December 7 staff report for
more information.
At that meeting, after several hours of presentation and public comment, each member of the
Town Council explained why the Town should remain in the Marin Energy Authority. However,
the Town Council asked that the matter be brought back on the Consent Calendar of the January
6, 2010 as an affirmation of the December decision. The deadline for timely withdrawal from the
MEA is January 13; the next regularly scheduled meeting of the Town Council is January 20,
2010.
RECOMMENDATION
If no member of the Town Council wishes to reconsider their December 7, 2009 position on this
issue, no action is necessary. If a Councilmember does seek reconsideration, they may request
that the item to be removed from the Consent Calendar, in which case the Mayor may entertain a
motion to withdraw from the Marin Energy Authority. Absent such a motion passing, the matter
is settled.
Prepared By: Peggy Curran, Town Manager
TOWN OF TIBURON PAGE 1 OF 1
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Administrative Services
Town Council Meeting
January 6, 2010
Agenda Item: cc
Recommendation to Adopt a Resolution Approving and Directing the
Execution of a Restated Operating Agreement, Approve an Official
Statement, and Direct Related Actions in Connection with the Refinancing of
the Countywide Public Safety Radio System (MERA)
The Town of Tiburon is a member of the Marin Emergency Radio Authority (MERA), formed by
the Members pursuant to a Joint Powers Agreement dated as of February 28, 1998, as amended.
The Town and the other participating agencies entered into a Project Operating Agreement, dated
February 1, 1999 with the Authority, whereby the Authority owns and operates a County-wide
emergency radio system for the benefit of the Town and participating agencies, and the Town
agreed to pay, on a pro rata basis, the cost of the Project and its annual operation.
In order to finance the acquisition and construction of the emergency radio system, the Authority
issued its Marin Emergency Radio Authority 1999 Revenue Bonds in the original principal
amount of $26,940,000, which are secured by each agency's service payments.
Economic conditions are currently favorable to allow the Authority to refinance the 1999 Bonds
through the issuance of refunding bonds. The estimated present value of the savings from issuing
the refunding bonds is approximately $1.3 million, of which approximately $24,000 is attributed
to the Town. All savings realized from the refunding will be used for future capital projects to be
approved by the Board of the Authority. The Town will continue to pay its regular bond payment
of approximately $40,000 per year. In order to issue refunding bonds and provide debt service
savings to the Authority, it is necessary to execute a Restated Operating Agreement to secure
repayment of such obligations.
ANALYSIS
The MERA Board of Directors, of which Chief Mike Cronin serves as the Town's appointee, has
considered the refunding opportunity for the 1999 Bonds, and anticipates approving the
documents associated with issuance of the 2010 Bonds at its January 2010 meeting. Prior to such
time the Town and each participating agency must approve the Restated Agreement. The
Restated Agreement incorporates the terms of the original Operating Agreement, except as
otherwise required to extend the provisions to apply to the 2010 Bonds.
TOWN OF TIBURON PAGE 1 OF 2
The maturity of the 2010 Bonds will be the same as the 1999 Bonds. Interest rate savings will be
will be used for future capital projects to be approved by the Board of the Authority. The debt
service allocated to the Member will not change.
The 2010 Bonds are planned to be sold in January, in order to refund the 1999 Bonds at the next
call date of February 15, 2010. If the 2010 Bonds are not sold in time, then the next available
redemption date for the 1999 Bonds is August 15, 2010, at which time interest rates may have
risen to the point where a refunding no longer provides economic benefit to the Member.
The Restated Agreement will only become effective if the 2010 Bonds are issued and the 1999
Bonds refunded.
FINANCIAL IMPACT
The net present value savings associated with the issuance of the 2010 Bonds are currently
projected to be approximately $1.3 million, which will be used for future capital projects to be
approved by the Board of the Authority. The debt service allocated to the Town will not change.
RECOMMENDATION
Staff recommends that the Town Council:
Adopt the attached Resolution directing the execution of the Restated Agreement and
authorizing staff to provide information, as needed, to complete the Official Statement for
the 2010 Bonds, as well as directing certain actions in connection with the refunding of
the 1999 Bonds.
Exhibits: Draft Resolution
Restated Project Operating Agreement
Prepared By: Heidi Bigall, Director of Administrative Services
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING, AUTHORIZING AND DIRECTING THE EXECUTION OF A
RESTATED PROJECT OPERATING AGREEMENT, APPROVING THE
ISSUANCE OF REFUNDING BONDS, AND DIRECTING CERTAIN
RELATED ACTIONS IN CONNECTION WITH THE MARIN EMERGENCY
RADIO SYSTEM PROJECT
WHEREAS, the Town of Tiburon (the "Member") has, together with certain
other public agencies (or their predecessors in interest) (such public agencies and the Member
being referred to herein as the "Participating Agencies"), entered into a Joint Powers Agreement
dated as of February 28, 1998, as amended (the "Agreement"), establishing the Marin Emergency
Radio Authority (the "Authority") for the purpose, among others, of having the Authority issue
its bonds to be used to finance the acquisition, construction and improvement of certain public
capital improvements, including a public safety radio system (the "Project"); and
WHEREAS, the Authority and the Participating Agencies have previously
entered into that certain Project Operating Agreement, dated as of February 1, 1999 (the
"Operating Agreement"), whereby the Authority owns and operates the Project for the benefit of
the Participating Agencies, and the Participating Agencies agree to pay, on a pro rata basis, the
cost of the Project (the "Service Payments") and its annual operation (the "Operating Payments")
(collectively, the "Member Payments"); and
WHEREAS, pursuant to the provisions of Article 4 (commencing with Section
6584) of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California
(the "Act"), and for the purpose of providing money to acquire the Project, the Authority has
previously issued its Marin Emergency Radio Authority 1999 Revenue Bonds (Mann Public
Safety and Emergency Radio System), in the original principal amount of $26,940,000 (the
"1999 Bonds"), which 1999 Bonds are secured by the Service Payments; and
WHEREAS, the Authority has previously entered into that certain Loan
Agreement with Citizens Business Bank ("Citizens"), dated as of February 1, 2007 (the "Loan
Agreement"), for the purpose of funding certain improvements to the Project, and pursuant to
which the Authority has issued its note to Citizens in the original principal amount of $2,250,000
(the "2007 Note"), which 2007 Note is secured by Operating Payments; and
WHEREAS, Section 2.03 of the Operating Agreement provides that the
Operating Agreement terminates upon payment or defeasance of the 1999 Bonds; and
WHEREAS, in order to allow the Authority to refund the 1999 Bonds through
the issuance of refunding bonds (the "2010 Bonds"), provide for the refunding of the 2007 Note
upon favorable economic conditions, and obtain additional funding for improvements to the
Project, is necessary to execute a Restated Project Operating Agreement, dated as of February 1,
2010 (the "Restated Operating Agreement"), to secure repayment of such obligations, the terms
1
MERA Refunding 2010.DOC
of which will incorporate the provisions of the Operating Agreement, except as otherwise
provided in the Restated Operating Agreement; and
WHEREAS, there have been presented at this meeting a form of the Restated
Operating Agreement; and
WHEREAS, the Member has duly considered such transactions and wishes at
this time to approve said transactions in the public interest of the Member.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
Section 1. The proposed form of the Restated Operating Agreement, as presented
to this meeting, is hereby approved. The Town Manager or any other officers duly designated by
the Member (the "Authorized Officers"), each acting alone, are hereby authorized and directed,
for and on behalf of the Member, to execute, acknowledge and deliver the Restated Operating
Agreement, in substantially the form presented to this meeting, with such changes therein as such
Authorized Officer may require or approve, with the advice and approval of counsel to the
Member, such approval to be conclusively evidenced by the execution and delivery thereof.
Section 2. The issuance of the 2010 Bonds by the Authority is hereby approved,
provided that the total debt service of any refunding component allocated to the Member is no
more than the total debt service currently allocated to the Member with respect to the 1999
Bonds.
Section 3. The Authorized Officers and staff of the Member are hereby
authorized and directed, jointly and severally, to do any and all things, to execute and deliver any
and all documents which, in consultation with the Authority's Bond Counsel and counsel to the
Member, they may deem necessary or advisable in order to effectuate the purposes of this
Resolution, including but not limited to providing the Authority any material with respect to the
Member necessary for proper disclosure with respect to the 2010 Bonds, and executing a
continuing disclosure agreement if required. Any and all such actions previously taken by such
Authorized Officers or staff members are hereby ratified and confirmed.
2
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED, APPROVED AND ADOPTED THIS DAY OF ,
20 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
RICHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE-IACOPI, Town Clerk
3
Draft of 11/30/09
RESTATED PROJECT OPERATING AGREEMENT
Dated as of February 1, 2010
Relating to:
MARIN EMERGENCY RADIO AUTHORITY
PUBLIC SAFETY AND EMERGENCY RADIO SYSTEM
295399_ I .DOC
Draft of 11/30/09
TABLE OF CONTENTS
Page
Section 1.
Terms of this Restated Agreement ........................................................................2
Section 2.
Amendment of Section 1.01
.....2
Section 3.
Amendment of Section 2.03
.....4
Section 4.
Amendment of Section 4.20
.....4
Section 5.
Amendment of Section 6.13
.....4
Section 6.
Calculation of Service Payment
.....5
Section 7.
Rights of Bond Insurer
.....5
Section 8.
Representations, Covenants and Warranties of the Authority
.....5
Section 9.
Representations, Covenants and Warranties of the Members
.....6
Section 10.
Entire Agreement
.....7
Section 11.
California Law
.....7
Section 12.
Effective Date
.....7
Section 13.
Execution in Counterparts
.....7
EXHIBIT A
- ANNUAL SERVICE PAYMENT ALLOCATION
A-1
295399_ I .DOC
Draft of 11/30/09
RESTATED PROJECT OPERATING AGREEMENT
This RESTATED PROJECT OPERATING AGREEMENT, made and entered
into as of February 1, 2010 (the "Restated Agreement"), among the MARIN EMERGENCY
RADIO AUTHORITY, a joint exercise of powers authority organized and existing under and by
virtue of the laws of the State of California (the "Authority"), and the public agencies set forth on
the signature pages hereof (each a "Member" and collectively, the "Members");
WITNESSETH:
WHEREAS, the Authority is a joint exercise of powers authority duly organized
and existing under the provisions of Articles 1 through 4 (commencing with Section 6500) of
Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"),
formed by the Members pursuant to a Joint Powers Agreement dated as of February 28, 1998, as
amended (the "Agreement"), and is authorized pursuant to Article 4 of the Act (the "Bond Law")
to borrow money for the purpose of paying the cost of public capital improvements within the
State of California, including a public safety radio system (the "Project"); and
WHEREAS, the Members of the Authority (or their predecessors in interest)
have previously entered into that certain Project Operating Agreement, dated as of February 1,
1999 (the "Operating Agreement") with the Authority, whereby the Authority owns and operates
the Project for the benefit of the Members, and the Members agree to pay, on a pro rata basis, the
cost of the Project (the "Service Payments") and its annual operation (the "Operating Payments")
(collectively, the "Member Payments"); and
WHEREAS, the Authority has issued its Marin Emergency Radio Authority 1999
Revenue Bonds (Marin Public Safety and Emergency Radio System), in the original principal
amount of $26,940,000 (the "1999 Bonds"), which 1999 Bonds are secured by the Service
Payments, for the purpose of providing money to acquire the Project; and
WHEREAS, the Authority has previously entered into that certain Loan
Agreement with Citizens Business Bank ("Citizens"), dated as of February 1, 2007 (the "Loan
Agreement"), for the purpose of funding certain improvements to the Project, and pursuant to
which the Authority has issued its note to Citizens in the original principal amount of $2,250,000
(the "2007 Note"), which 2007 Note is secured by Operating Payments; and
WHEREAS, Section 2.03 of the Operating Agreement provides that the
Operating Agreement terminates upon payment or defeasance of the 1999 Bonds; and
WHEREAS, in order to allow the Authority to refund the 1999 Bonds through
the issuance of refunding bonds (the "2010 Bonds"), to refund the 2007 Note at such time as
acceptable economic conditions dictate, and obtain additional funding for improvements to the
1
295399_I.DOC
Draft of 11/30/09
Project, is necessary to execute this Restated Agreement to secure repayment of such obligations,
the terms of which incorporate the provisions of the Operating Agreement, except as otherwise
provided herein.
NOW, THEREFORE, for and in consideration of the premises and the material
covenants hereinafter contained, the Authority and the Members agree as follows:
Section 1. Terms of this Restated Agreement.
Notwithstanding its termination upon defeasance of the 1999 Bonds, the terms
and provisions of the Operating Agreement, except as otherwise altered herein, are hereby
incorporated as the terms and provisions of this Restated Agreement.
Section 2. Revision of Section 1.01 of the Operating Agreement.
(a) The definition of "Bond Insurer" contained in Section 1.01 of the
Operating Agreement is hereby replaced with the following:
"Bond Insurer" means any insurer of a series of Bonds, and their respective
successors and assigns, but only with respect to the particular obligations insured by such Bond
Insurer.
(b) The definition of "Bonds" contained in Section 1.01 of the Operating
Agreement is hereby replaced with the following:
"Bonds" means the 2010 Bonds, any Additional Bonds, and any obligations
issued to refund such Bonds or Additional Bonds in whole or in part.
(c) The definition of "Continuing Disclosure Agreements" contained in
Section 1.01 of the Operating Agreement is hereby replaced with the following:
"Continuing Disclosure Agreements" means the obligation of the Authority under
a continuing disclosure agreement, and the obligation of the Members pursuant to Section 4.20
or, as applicable, a continuing disclosure agreement, to provide ongoing disclosure with respect
to the Bonds.
(d) The definition of "Indenture" contained in Section 1.01 of the Operating
Agreement is hereby replaced with the following:
"Indenture" means the Indenture of Trust, dated as of February 1, 2010, entered
into by the Authority with the Trustee relating to the 2010 Bonds, and any indenture entered into
by the Authority with respect to Additional Bonds, or obligations issued to refund the 2010
Bonds or Additional Bonds, as amended or supplemented.
2
295399_ 1.DOC
Draft of 11/30/09
(e) The definition of "Insurance Policy" contained in Section 1.01 of the
Operating Agreement is hereby replaced with the following:
"Insurance Policy" means a municipal bond insurance policy issued by a Bond
Insurer unconditionally guaranteeing the regularly scheduled payment of principal of and interest
on a series of Bonds when due.
(f) The definition of "Project" contained in Section 1.01 of the Operating
Agreement is hereby replaced with the following:
"Project" means that certain public safety radio system originally financed with
the proceeds of the 1999 Bonds and improved with proceeds of the 2007 Note, and the
acquisition, construction, improvement, repair or modification of any portion of the Project and
related equipment as determined by the Authority.
(g) The definition of "Service Payments" contained in Section 1.01 of the
Operating Agreement is hereby replaced with the following:
"Service Payments" means the annual payments by each Member for the service
provided by the Project in the applicable Operating Period and used by the Authority to pay
principal of and interest on the Bonds, calculated as set forth in Section 4 hereof.
(h) The definition of "Trustee" contained in Section 1.01 of the Operating
Agreement is hereby replaced with the following:
"Trustee" means any trustee appointed by the Authority pursuant to an Indenture,
its successors and assigns, and any other corporation or association which may at any time be
substituted in its place.
(i) The following definitions are hereby added to this Restated Agreement, in
addition to the other defined terms contained in Section 1.01 of the Operating Agreement:
"Additional Bonds" means all obligations with a lien on Revenues on a parity
with the 2010 Bonds, issued in accordance with the Indenture.
"Debt Service" means the principal of and interest due on the Bonds on the next
succeeding February 15 and August 15 following the calculation date, plus the amount required
to increase the Reserve Fund to the Reserve Requirement as provided in the Indenture.
"1999 Bonds" means the Marin Emergency Radio Authority 1999 Revenue Bonds
(Mann Public Safety and Emergency Radio System).
"2010 Bonds" means the Marin Emergency Radio Authority 2010 Refunding
Revenue Bonds (Mann Public Safety and Emergency Radio System), or such other designation
as may be determined by the Authority, issued to refund the 1999 Bonds.
3
295399_ 1.DOC
Draft of 11/30/09
Section 3. Revision of Section 2.03 of the Operating Agreement.
provision:
Section 2.03 of the Operating Agreement is hereby replaced with the following
"The term of this Restated Agreement shall commence on the date of delivery of
the 2010 Bonds to the initial purchaser thereof, and terminate (subject to such other termination
events as provided in this Restated Agreement) on the date on which no Bonds are Outstanding."
Section 4. Revision of Section 4.20 of the Operating Agreement.
provision:
Section 4.20 of the Operating Agreement is hereby replaced with the following
"The Authority shall comply with and carry out all of its duties under the
Continuing Disclosure Agreement. In addition, each Member hereby covenants to provide the
Authority, by physical or electronic delivery, and by not later than the March 1 immediately
following the end of the Member's Fiscal Year, commencing with Fiscal Year 2008/09, the
audited financial statements of the Member for the Fiscal Year most recently ended, prepared in
accordance with generally accepted accounting principles as promulgated to apply to
governmental entities from time to time by the Governmental Accounting Standards Board and
reporting standards as set forth by the State Controller. If the Member's audited financial
statements are not available by such date, the Member shall provide unaudited financial
statements, and the audited financial statements shall be filed with the Authority when they
become available.
Notwithstanding any other provisions of this Restated Agreement, failure of the
Authority or the Members to comply with the provisions of this Section 4.20 shall not be
considered an Event of Default; provided, however, that the Trustee or Authority, as applicable,
may take such actions as may be necessary and appropriate to compel performance, including
seeking mandate or specific performance by court order."
Section 5. Revision of Section 6.13 of the Operating Agreement.
provision:
Section 6.13 of the Operating Agreement is hereby replaced with the following
"The Authority and the Members shall not amend this Restated Agreement
without first obtaining (i) if an Insurance Policy is in effect, and so long as a Bond Insurer is not
in default of its obligation under its Insurance Policy, the prior written consent of the Bond
Insurer (except with respect to any amendment relating to the issuance of Additional Bonds), and
(ii) an opinion of nationally recognized bond counsel to the effect that such amendment will not
materially adversely affect the security of the Bond owners; provided, however, that the
Members and the Authority may at any time amend or modify Exhibit A of this Restated
Agreement to provide for the financing of additional components to the Project, in connection
with the issuance of any Additional Bonds, or in any other respect whatsoever as the Authority
and Members may deem necessary or desirable, provided that such modification or amendment
295399_1.DOC
4
Draft of 11/30/09
does not materially adversely affect the interests of the Bond Owners hereunder, without the
consent of the Trustee, the Bond Insurer or any of the Bond Owners. In addition, the Members
and the Authority may at any time amend or modify any of the provisions of this Restated
Agreement with the prior written consent of the Owners of a majority in aggregate principal
amount of the Outstanding Bonds.
No such amendment shall adversely affect the rights, obligations, immunities or
indemnities of the Trustee hereunder without the Trustee's written consent. The Authority shall
obtain and cause to be filed with the Trustee an opinion of Bond Counsel with respect to any
amendment or modification hereof, stating that all conditions precedent to such amendment have
been satisfied."
Section 6. Calculation of Service Payment.
The annual Service Payment of each Member shall be the amount determined by
multiplying Debt Service by the percentage allocated to each Member as set forth in Exhibit A
hereto. In the event a Member has prepaid its Service Payment as provided in Section 6.01 of
this Restated Agreement, the Authority shall adjust the allocations set forth in Exhibit A so that
the allocated percentage relating to such Member is distributed pro-rata to the remaining
Members. Notwithstanding Section 6.13 of this Restated Agreement, such adjustment shall not
require an amendment to this Restated Agreement, and the Authority shall provide written notice
of such re-allocation to each Member, the Trustee and any Bond Insurer.
Section 7. Rights of Bond Insurer.
Anything in this Restated Agreement to the contrary notwithstanding, the rights
and obligations of any Bond Insurer shall apply only with respect to the series of Bonds to which
the Insurance Policy issued by such Bond Insurer applies, and only to the extent such Insurance
Policy is in force and effect. The rights of such Bond Insurer to direct or consent to any actions
under this Restated Agreement shall be suspended during any period in which such Bond Insurer
is in default in its payment obligations under the related Insurance Policy and shall be of no force
or effect in the event the Insurance Policy is no longer in effect.
Section 8. Representations, Covenants and Warranties of the Authority.
The Authority represents, covenants and warrants to the Members as follows:
(a) Due Organization and Existence. The Authority is a joint powers
authority duly organized and validly existing under the Agreement and the laws of the State of
California, has full legal right, power and authority under the laws of the State of California to
enter into this Restated Agreement and to carry out and consummate all transactions
contemplated hereby, and by proper action the Authority has duly authorized the execution and
delivery of this Restated Agreement.
(b) Due Execution. The representatives of the Authority executing this
Restated Agreement have been fully authorized to execute the same pursuant to a resolution duly
adopted by the Board of the Authority, and this Restated Agreement has been duly executed and
5
295399_1.DOC
Draft of 11/30/09
delivered by the Authority and constitutes the legal, valid and binding agreement of the Authority
enforceable against the Authority in accordance with its terms.
(c) No Litigation. There is no action, suit, proceeding, inquiry or
investigation before or by any court or federal, state, municipal or other governmental authority
pending or, to the knowledge of the Authority after reasonable investigation, threatened against
or affecting the Authority or the assets, properties or operations of the Authority which, if
determined adversely to the Authority or its interests, would have a material and adverse effect
upon the consummation of the transactions contemplated by or the validity of this Restated
Agreement, or upon the financial condition, assets, properties or operations of the Authority, and
the Authority is not in default with respect to any order or decree of any court or any order,
regulation or demand of any federal, state, municipal or other governmental authority, which
default might have consequences that would materially and adversely affect the consummation of
the transactions contemplated by this Restated Agreement or the financial conditions, assets,
properties or operations of the Authority.
Section 9. Representations, Covenants and Warranties of the Members.
follows:
Each of the Members represents, covenants and warrants to the Authority as
(a) Due Organization and Existence. Each of the Members is a public agency
duly organized and validly existing under the laws of the State of California, has full legal right,
power and authority to enter into this Restated Agreement and to carry out and consummate all
transactions contemplated hereby and thereby, and by proper action each of the Members has
duly authorized the execution and delivery of this Restated Agreement.
(b) Due Execution. The representatives of the Members executing this
Restated Agreement are fully authorized to execute the same pursuant to official action taken by
the governing body of the Members, and this Restated Agreement has been duly executed and
delivered by the Members and constitutes the legal, valid and binding agreement of the Members,
enforceable against the Members in accordance with its terms.
(c) No Litigation. There is no action, suit, proceeding, inquiry or
investigation before or by any court or federal, state, municipal or other governmental authority
pending or, to the knowledge of a Member after reasonable investigation, threatened against or
affecting such Member or the assets, properties or operations of such Member which, if
determined adversely to the Member or its interests, would have a material and adverse effect
upon the consummation of the transactions contemplated by or the validity of this Restated
Agreement, or upon the financial condition, assets, properties or operations of the Member, and
no Member is in default with respect to any order or decree of any court or any order, regulation
or demand of any federal, state, municipal or other governmental authority, which default might
have consequences that would materially and adversely affect the consummation of the
transactions contemplated by this Restated Agreement or the financial conditions, assets,
properties or operations of the Members.
6
295399_ 1.DOC
Draft of 11/30/09
Section 10. Entire Agreement
This Restated Agreement constitutes the entire agreement between the parties.
Except where altered by a specific provision of this Restated Agreement, all other terms and
conditions of the Operating Agreement are incorporated herein.
Section 11. California Law.
This Restated Agreement shall be construed and governed in accordance with the
laws of the State of California.
Section 12. Effective Date.
Upon its execution and delivery, this Restated Agreement shall become effective
immediately on the issuance and original delivery of the 2010 Bonds, and shall terminate as set
forth herein.
Section 13. Execution in Counterparts.
This Restated Agreement may be executed in several counterparts, each of which
shall be deemed an original, and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have executed and attested the
Restated Agreement by their officers thereunto duly authorized as of the day and year first
written above.
MARIN EMERGENCY RADIO AUTHORITY
By:
Executive Director
CITY OF BELVEDERE
By:
Title:
TOWN OF CORTE MADERA
By:
Title:
BOLINAS FIRE PROTECTION DISTRICT
By:
Title:
TOWN OF FAIRFAX
By:
Title:
INVERNESS PUBLIC UTILITY DISTRICT
KENTFIELD FIRE PROTECTION DISTRICT
7
295399_1.DOC
Draft of 11/30/09
By:
Title:
CITY OF LARKSPUR
By:
Title:
MARIN COMMUNITY COLLEGE
DISTRICT
By:
Title:
MARIN MUNICIPAL WATER DISTRICT
By:
Title:
CITY OF MILL VALLEY
By:
Title:
NOVATO FIRE PROTECTION DISTRICT
By:
Title:
By:
Title:
COUNTY OF MARIN
By:
Title:
MARIN COUNTY TRANSIT DISTRICT
By:
Title:
MARINWOOD COMMUNITY SERVICES
DISTRICT
By:
Title:
CITY OF NOVATO
By:
Title:
TOWN OF ROSS
By:
Title:
8
295399_ 1.DOC
Draft of 11/30/09
ROSS VALLEY FIRE PROTECTION
AGENCY
By:
Title:
CITY OF SAN RAFAEL
By:
Title:
SOUTHERN MARIN FIRE PROTECTION
DISTRICT
By:
Title:
TOWN OF TIBURON
By:
Title:
TWIN CITIES POLICE AGENCY
By:
Title:
TOWN OF SAN ANSELMO
By: _
Title:
CITY OF SAUSALITO
By:
Title:
STINSON BEACH FIRE PROTECTION
DISTRICT
By:
Title:
TIBURON FIRE PROTECTION DISTRICT
By:
Title:
9
295399_1.DOC
EXHIBIT A
ANNUAL SERVICE PAYMENT ALLOCATION
Percentage of
Member Service Payments
City of Belvedere
0.772%
Bolinas Fire Protection District
0.601
Town of Corte Madera
1.575
Town of Fairfax
2.010
Inverness Public Utility District
0.565
Kentfield Fire Protection District
0.679
City of Larkspur
1.873
County of Marin
35.151
Marin Community College District
0.000
Marin County Transit District
1.180
Marin Municipal Water District
0.957
Marinwood Community Services District
0.856
City of Mill Valley
4.271
City of Novato
10.432
Novato Fire Protection District
4.894
Town of Ross
0.813
Ross Valley Fire Protection Agency
1.614
Town of San Anselmo
3.023
City of San Rafael
16.913
City of Sausalito
2.829
Southern Marin Fire Protection District
1.657
Stinson Beach Fire Protection District
0.615
Town of Tiburon
1.849
Tiburon Fire Protection District
1.090
Twin Cities Police Authority
3.781
TOTAL
100.000%
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed by:
BACKGROUND
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
January 6, 2010
Agenda Item: cc
1600 Mar West Street: Water Well Application to Install and Operate
a Non-Potable (Irrigation) Well at the Tiburon Peninsula Club
OWNER/ APPLICANT:
WELL INSTALLER:
ADDRESS:
ASSESSOR PARCEL NUMBER
FILE NUMBER:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
PROPOSAL
Tiburon Peninsula Club
Jerry & Don's Yager Pump & Well
1600 Mar West Street
058-240-21
W2009-01
P (Public/Quasi-Public)
P (Public/Quasi-Public)
X (outside 500-year flood area)
The Tiburon Peninsula Club (TPC) has submitted an application to drill and operate a non-
potable water well on its property at 1600 Mar West Street for purposes of landscape irrigation to
supplement existing Marin Municipal Water District service to the site. The water well would be
located upslope and behind the pool building and near the upper tennis courts (see Exhibit 1).
The proposed well is anticipated to be 12 inches in diameter and between 130 and 200 feet deep.
The project would also include a pump mechanism and two water storage tanks each of which
would be 12 feet in diameter and 8 feet in height. Design review approval and building permits
would be required for any such appurtenances to the water well.
ANALYSIS
In reviewing well permit applications, the Town must ensure that the proposal is in compliance
with the requirements set Chapter 13F of the Municipal Code (water well construction and use).
In accordance with Chapter 13F, staff has made the following conclusions:
it ~ ..()1.Et'lct :In
• The applicant has provided the necessary documentation to ensure that the contractor to
perform the work has the appropriate credentials, and that the location of the proposed
well will not affect the properties in the vicinity.
• Based on the submitted application materials, which include a report prepared by a
certified hydro geologist, it appears that the granting of the permit will neither be
detrimental to the public health, safety or welfare, nor injurious to other properties in the
vicinity, including Railroad Marsh. These application materials are available for review
in the Planning Division at Town Hall.
• Construction access would be provided by an existing service road, located between the
fitness building and the pool building, which is used to service the upper tennis courts on
the TPC property.
Based on the above conclusions, the project is found to be in compliance with the Town's
requirements in respect to the construction of irrigation wells.
PRELIMINARY ENVIRONMENTAL DETERMINATION
Planning Division Staff has made a preliminary determination that this proposal would be
categorically exempt from the California Environmental Quality Act (CEQA), as specified in
Section 15303 (Class 3, New Construction) of the CEQA Guidelines.
SUBSEQUENT PERMITS
Certain improvements associated with the project would be subject to site plan and architectural
approval and building permits, including the water storage tanks and possibly the pump
enclosure.
RECOMMENDATION
Staff recommends that the Town Council adopts the Resolution making the CEQA determination
of exemption and approving the application subject to conditions.
EXHIBITS
1. Draft Resolution
2. Application materials submitted.
Prepared By: Scott Anderson, Director of Community Development ~A-
S:UdministrationlTown CouncillStaff Reports12010Uan 6 DRAFTSI1600 Mar West Street well report.doc
RESOLUTION NO. XX-2010
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING THE INSTALLATION OF A NON-POTABLE (IRRIGATION) WELL
ON PROPERTY LOCATED AT 1600 MAR WEST STREET
ASSESSOR PARCEL NUMBER 058-240-21
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section 1. Findings.
A. An application for drilling of a non-potable water well has been submitted by the
property owner of 1600 Mar West Street (Tiburon Peninsula Club).
B. The Town Council has reviewed the application and determined that the project is
consistent the requirements of Chapter 13F of the Municipal Code concerning
water wells and is consistent with the Tiburon General Plan.
C. The Town Council has determined that the project is categorically exempt from
the requirements of CEQA per Section 15303(d) of the CEQA Guidelines.
D. The Town Council finds that the project, as conditioned, will neither be detrimental
to the public health, safety, or general welfare nor injurious to other properties in
the vicinity.
E. The Town Council finds that the owner has provided a written report from a
registered hydrogeologist stating that the water well is unlikely to produce harmful
impacts on neighboring properties or result in subsidence.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the
application for installation of a non-potable (irrigation) water well at 1600 Mar West
Street subject to the following conditions:
1. The well shall meet all applicable well standards adopted by Chapter 7.28 of the
Marin County Code, or successor sections thereto, and any other regulations
adopted by the County pursuant thereto.
2. The well shall meet all applicable requirements of the Marin Municipal Water
District.
Town Council Resolution XX-2010 --1--12010 1
EXHIBIT NO.
3. No well-related work shall commence until such time as a Well Permit Certificate
has been issued by the Director of Community Development. Hours of well
drilling and any associated construction shall conform to building permit
construction hours set forth in Title IV, Chapter 13 of the Tiburon Municipal Code.
4. Any and all equipment and/or vehicles associated with the well construction shall
not prevent or substantially impede vehicular passage on any street within the
Town of Tiburon.
5. Site Plan and Architectural Review approval shall be required for any structures
associated with the well, such as water storage containers and pump equipment,
which require such approval pursuant to Title IV, Chapter 16 of the Tiburon
Municipal Code.
6. Building permits shall be obtained for all project elements subject to such permits
pursuant to Title IV, Chapter 13 of the Tiburon Municipal Code.
7. This approval may be suspended or revoked for cause, pursuant to Title IV,
Chapter 13F, Section 13F-8 of the Tiburon Municipal Code.
8. This approval shall expire and become null and void six months after Council
approval. One extension of up to six months may be granted by the Town
Manager for good cause.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on January 6, 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
SAPlanning\Staff Folders\kkrasnove.old\Well Permits\1600 Mar West Street well resolution.doc
Town Council Resolution XX-2010 4--12010 2
Project Narrative- December 8, 2009
Tiburon Peninsula Club- Proposed New Well.
The proposed depth of the well is between 130 and 200 feet depending when water is encountered. The
well is for non-potable irrigation water. Next to the proposed well will be two 4900 gallon storage tanks
and two pumps . The storage tanks are 12'-0" in diameter and T-9 tall. The tank color will be dark
green. See the attached cut sheet.
There will be two pumps installed for the project. One in the actual well and the other above grade. The
above grade pump will be installed in a sound insulating box. The approximate size of the box will be 3'
tall x3'x4'.
The drill rig will use the fire road past the front of the fitness center. The existing gate will need to be
removed for construction. The contractor has confirmed that the drill rig will fit on this road.
There are no unusual circumstances associated with the installation or operation of the well.
Respectfu y su , itted,
1
Da id ols r
Board of Governors
Tiburon Peninsula Club
EXHIBIT NO.~
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Report
Assessment of Possible Adverse Effects - Proposed New Well
Tiburon Peninsula Club
1600 Mar West Street
Tiburon, California
Prepared for
The Tiburon Peninsula Club
Attn: Mr. Jerry Pang - General Manager
by
Michael S. Malone
Certified Hydrogeologist No. 374
Project No. MRN09-128
November 12, 2009
S~~RED G6-p~0
C~ 61
~44~ MICHAEL S. MALONE
No. HG 374
CERTIFIED
HYDRO OLOGIST
IF OF C
l
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
INTRODUCTION
Project Description
This report provides my conclusions and professional opinions regarding the
potential for a new water well, proposed to be drilled at the Tiburon Peninsula Club
(TPC), to contribute to possible adverse effects on adjoining properties. The TPC is
located at 1600 Mar West St. in the Town of Tiburon, California. The project location is
shown on Plate 1. Based on my conversations with the Club's General Manager, Mr.
Jerry Pang, I understand that the Club is applying for a well drilling permit in order to
supplement the Club's landscape irrigation water supply. The Club currently irrigates
with municipal water.
A drill site (Site 1) has been tentative identified near the southwest corner of the
upper tennis courts and access to that site is provided by a service road. From my
conversations with the club manager, it is understood that if drilling at that location is
unsuccessful a second drill site may be desired. The second drill site (Site 2) was
tentatively located along the northwest boundary of the club property in a lawn area near
the base of a southeast-facing slope. This report has been prepared to address both sites.
The drill site are shown approximately on Plate 2.
Purpose and Scope
The purpose of this assessment is to satisfy the Town of Tiburon Code
Chapter 13F (Sec. C) requirement that a geologist's report be prepared to address
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
possible adverse effects of a proposed well installation and operation on adjoiuung
properties. Chapter 13F pertains to non-potable (irrigation) and potable (drinking) water
wells. To accomplish this purpose the following scope of work was performed:
1. Published geologic literature pertinent to the site was reviewed and the literature
cited is listed in the reference section at the end of this report.
2. Historic air photos were viewed to assist in identifying the spring locations,
neighboring wells and the general geology of the site vicinity.
3. Well logs for the Tiburon vicinity were requested and obtained from the Dept. of
Water Resources in Sacramento. These logs were reviewed to determine the
characteristics and location of neighboring wells, if present.
4. A reconnaissance of the site was performed on October 30, 2009 to observe the
geology exposed and confirm or modify the geology depicted on published maps.
Adjacent streets were walked and/or driven to observe rocks exposed in road cuts.
5. Analysis was performed to approximate the availability of the groundwater
resource as a basis for estimating a pumping rate, and the radius around the new
well that interference with surface waters and/or neighboring wells was estimated.
The results, conclusions and professional opinions based on the work performed
are summarized in this report.
SITE CONDITIONS
General Description
The Tiburon Peninsula Club (TPC) is located in a small southwest-facing canyon
on the southwest side of the Tiburon peninsula. Elevations at the club range from just a
few feet above sea level up to about 20 feet (sea level). The hills surrounding the club rise
to elevations of nearly 600 feet. The portion of the club located west of Mar West St.
2
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
appears to be on filled land within a former marsh; east of Mar West the site is comprised
of a combination of filled land, natural topography and cuts excavated into the hill slopes
performed during grading for the original site development.
Runoff from the site is captured and controlled by several lined ditches that
intercept runoff from the adjacent hill slopes as well as a large concrete culvert that
conveys runoff from the main canyon drainage beneath the site. At the time of the site
reconnaissance (after the first rainstorm of the year) the flow in the main drainage was
visually estimated to be hi the range of 10 to 20 gpm. Flow in the ditches located along
the base of the slopes bordering the east side of the club was visually estimated to be
between about 1 to 3gpm. The runoff was considered to be a mixture of both runoff from
a rain event that had occurred prior to the site reconnaissance and spring flows. The
short, steep nature of the canyon above the site indicates runoff would respond rapidly to
individual storm events.
West of Mar West Street, beyond the club's parking lot and tennis courts, a small
freshwater lake and marsh area are present. This marsh is a remnant of a larger freshwater
marsh that formerly extended throughout the area north and east of Corinthian Island in
what is now downtown Tiburon.
The Club's grounds are landscaped with ornamental plants and shrubs and several
lawn areas. A relatively large lawn is located along the west side of the club property,
apparently in the vicinity of the large culvert. The club facilities include tennis courts,
swimming pools and various athletic facilities. There are no neighboring structures
3
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
immediately adjacent to the club, however the hills surrounding the club have been
developed with multi-unit and single-family residential buildings. An open space area is
located in the canyon north-northeast of the club and this area is covered predominately
by annual grasses with some brush and small trees primarily in the drainages.
Climate
The climate at the site is Mediterranean with a strong coastal influence. Nearly
all precipitation occurs as rainfall between the months of November through April with
precipitation averaging approximately 25 inches per year (Todd, 1989). Rainfall in
individual years commonly varies widely from the annual average.
Wells and Springs
A review of well logs provided by the Dept. of Water Resources for the Tiburon-
Belvedere area indicates that no wells are located within at least several thousand feet of
the proposed new well site(s). Wells in the Tiburon area are typically drilled into and
produce groundwater from bedrock with successful wells producing about lgpm to less
than 5gpm. Although more productive wells do occasionally occur, typically wells in
area produce only a few gallons per minute (gpm) and the drilling of dry holes is common.
Wells in the area are typically used for domestic purposes and/or landscape irrigation.
Several springs and seepage areas were observed in the upper canyon and hill
slopes northeast and east of the Club. Refer to Plate 1. No springs were observed within
the subject property. Flow from the offsite springs appears to contribute some runoff to
4
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
the canyon's main drainage and within the Club property that flow is captured within the
large concrete culvert. A concrete ditch located along the eastern perimeter of the club at
the base of the hill slope captures most of the spring runoff originating from the hill slope
east of the Club.
Geology and Soils
Published maps (Rice, 1976) indicate the project site is underlain by the rocks of
the Jurassic-Cretaceous age Franciscan Complex (map symbol KJf). These old and well-
consolidated rocks have been subjected to intense shearing and deformation and as a result
dissimilar rock types are commonly juxtaposed together along sheared contacts. The
predominant rocks observed in the project vicinity include 1) chert (map symbol KJfch);
two relatively wide northwest trending shear zones comprised predominantly of weak,
fine grained rock types including shale and siltstone with occasional inclusions of hard
rock types (fm), and a large mass of serpentinite (sp) exposed throughout the hills east of
the club property. The chert is hard and resistant to erosion and it is abundant in the hills
both west and south of the Club. Outcrops of chert are present near the base of the slope
along the west edge of the club property. The shear zones are comprised of clay-rich
rocks that are prone to erosion and slope instability. One of these zones traverses
through the Club property; a second shear zone appears to project west of the site
beneath the marsh area. Serpentinite occurs throughout the highland areas east of the club
property. These various rocks appear to dip downward toward the east. The general
5
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
distribution of the various rocks is depicted one Plate 2 and the interpretation of the
subsurface geology is shown on Plate 3.
Much of the club is underlain by thin accumulations of poorlyconsolidated
alluvium (Qa) and marsh deposits (Qm). These deposits are largely obscured by
overlying deposits of man-made fill (Qaf). The fill is relatively extensive throughout the
lower club area south of Mar West Street where years ago it was placed over marsh
deposits. Some fill was apparently placed over the narrow deposit of alluvium located
along the former axis of the canyon drainage.
Groundwater Conditions
Aquifer Description. The hard, fractured rock types within the Franciscan
Complex are the principle groundwater bearing rocks targeted by wells. At the site these
would primarily include the metamorphosed chert, and possibly greenstone and
sandstone, if present. Networks of small open fractures in these rocks store and transmit
groundwater and where sufficient fracturing occurs groundwater yields have the potential
to support a water supply well. The softer, sheared rocks that predominate in the shear
zones and much of the serpentinite are composed of fine-grained rocks that contain few
open fractures resulting in a general absence of useable quantities of groundwater in these
rock types. The two shear zones at the site are considered to be essentially non-water
bearing and act as barriers to groundwater flow.
6
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
Groundwater in a water table condition would be expected to occur in the
unconsolidated alluvium and marsh deposits. In these deposits groundwater would be
present in a relatively thin saturated zone perched over the Franciscan bedrock that
underlies these soil deposits.
Groundwater Recharge. Based on the site geology, drainage patterns, topography
and the crude easterly dip of the rock strata, the area providing recharge to the rocks that
would supply a new well are estimated to include the eastern half of the hill located west
of the club as well as a portion of the area of the club itself. Areas underlain by the shear
zones would be expected to contribute little, if any, groundwater to site wells. The shear
zone underlying the site is interpreted to include the eastern 1/3 of the club area as well as
the hill slopes east and north of the club. Based on these assumptions the recharge area is
estimated to be approximately 121/2 acres. In order to very roughly estimate the quantity
of recharge potential in the 121/2 acre area, the recharge was calculated by multiplying the
area (12%2 acres) by the annual rainfall (25 inches) by a reasonable recharge rate (M).
This calculation indicates that approximately 2.1 acre-feet per year could be recharge to
the fractured rocks located beneath and adjacent to the project area. 2.1 acre-feet is .
equivalent to about 1.3gpm pumping on a year-round 24hr./day basis, however it should
be recognized that only some portion of the total recharge would be expected to supply a
single well.
Groundwater recharge into the alluvium and marsh deposits would be expected to
result from direct infiltration of rainfall, infiltration of stream flow and some limited
7
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
amount from the ponded surface water in the marsh. Saturated conditions would be
expected to persist in these deposits year-round, because some minor stream flow is
assumed to be present in the main drainage throughout the year, and year-round standing
water is present in the small lake located west of the club.
Interference Effects
A pumping well lowers the water level in both the well casing and the surrounding
aquifer. The lowering of the water level around a well tends to induce water to move
toward the well. If contaminants or seawater are nearby, then contamination of the well
and/or aquifer can occur. Similarly, if surface waters, such as streams or springs, are
sufficiently close to a pumping well and they are hydraulically connected to the aquifer
from which the well is pumping, then the well can capture some portion of those surface
waters. A pumping well can potentially interfere (lower the water level) with other wells
if the wells are located sufficiently close to one another and pumping is occurring at a
sufficiently high rate. To assess the potential for a new well to induce one or more of the
above conditions a range of aquifer characteristics were approximated using some typical
well yield rates for the Franciscan rocks. It was assumed that a production well would
range to up to about 300 feet deep with a static water level at about 50 feet and be
capable of producing 2gpm with a drawdown of about 20 feet. The assumed long-term
pumping rate would range from about between Igpm up to 5gpm. These assumptions
would result in a specific capacity of 0.lgpm/ft. Using this value and the high and low
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
pumping rate values, the drawdown around a pumping well is estimated to extend
outward from the well for a distance of less than about 100 feet.
Water Quality
Groundwater produced from the rocks of the Franciscan rocks is usually of
acceptable quality for domestic and irrigation use. However concentrations of some
constituents can occasionally exceed acceptable levels and groundwater constituents that
can occasionally be problematic include arsenic, boron and hydrogen sulfide, iron, chloride
and manganese. Nitrate contamination can affect shallow groundwater where sources of
nitrogen compounds infiltrate to groundwater. These sources include fertilizer, animal
and human waste (septic systems and/or leaky sewer lines).
CONCLUSIONS AND RECOIb ME' NDATIONS
Based on the results of this assessment, it is concluded that possible adverse
impacts potentially affecting the adjoining properties from a new well are very minor
with the exception of short-term impacts related to the drilling operation. However, the
impacts from the drilling operation, including the generation of waste fluids and drill
cuttings can be mitigated by implementing standard measures common to the water well
drilling industry. The possible impacts are listed in Table 1 and discussed in the
following sections.
9
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
Table 1. Summary of Possible Adverse Impacts
Possible Impact
Potential to Affect
Mititzation
the Site
Recommended
Long-Term Concerns
Interference w/ neighboring wells
very low
no
Interception of surface waters and
contaminants
low
no
Interception of alluvial groundwater
moderate
yes
Seawater Intrusion
low
no
Land Subsidence
very low
no
Short-Teim Concerns
Noise
moderate
no*
Discharge of drill cuttings and fluids
high
yes
* It is assumed that measures similar to those ai cting normal construction activities would oe
implemented.
Long-Term Concerns
Interference with Neighboring Wells. Two factors indicate that the potential to interfere
with neighboring wells is very low. First, no wells are known to exist within the vicinity
of the Club. Second, the radius of influence around a new well pumping at anticipated
rates of a few gallons per minute is estimated to be about 100 feet or less. These two
factors preclude the possibility of a new well adversely impacting neighboring wells.
10
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
Interference with Surface Waters and Alluvial Groundwater. Surface waters include the
surface flow in the canyon drainage and springs. Also because groundwater in the
alluvium is recharged primarily by infiltration of runoff from the canyon drainage,
pumping.groundwater from the alluvium has the potential to indirectly remove water
from the drainage. Well site 1 (located along the eastern margin of the club) is outside the
area underlain by alluvium and it is anticipated that at this location a well bore will
encounter bedrock at or very near the ground surface. Therefore a well at Site 1 would
have very little potential to interfere with surface waters including either the canyon
drainage, the alluvium or the freshwater marsh. At Site 2 a high potential exists for a well
bore to encounter saturated alluvium that is hydraulically connected to the freshwater
marsh. The surface waters from the canyon are contained within the concrete culvert at
this location, consequently there is little potential for a well at Site 2 to adversely affect
those surface waters. However to reduce the potential to intercept alluvial groundwater
and possibly even some of the water in the freshwater marsh a sanitary seal should be
constructed around the upper well casing that extends completely through the alluvial
soils and continues 20 feet into the underlying bedrock. This seal would effectively
isolate the well from the perched alluvial groundwater. During the drilling care should be
taken to avoid damaging the concrete culvert located near Site 2.
No springs are within the property and the offsite springs are located at
considerable distances away from the Club in the hills to the east and north. The spring
locations appear to be related to contacts between fractured rocks and impermeable shear
11
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
zones. The location of the springs indicates they are associated with geologic conditions
well beyond the influence of new wells drilled at the site and would be hydraulically
isolated from a new located on the TPC property.
Contaminant movement to a pumping supply well can occur when lower water
levels around a well extends into the area of contamination. The only apparent sources of
possible contamination would include a gas station and/or treatment plant located in the
downtown Tiburon area. However these sites are located at a distance of'A mile or
greater away from the Club. Further, it is considered unlikely that these facilities would
be a contamination source since extensive monitoring and cleanup programs have been
implemented for these types of facilities in California for nearly two decades. The
relatively great distance from the site, the heterogeneous and hydraulically
compartmentalized nature of the bedrock, and the hydraulic isolation of the alluvium by
means of a sanitary seal (at Site 2) indicate that the potential for contamination of a new
well from off-site sources is very low.
No water quality data was available for the Club area, therefore appropriate
laboratory testing of the well water is recommended to confirm the suitability of the
water quality for the intended purpose.
Seawater Intrusion. Seawater intrusion can occur when overpumping of fresh water
induces seawater to move inland toward pumping wells. The potential for this to occur is
considered low based on the presence of a shear zone (comprised of low permeable rock)
12
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
projecting northwesterly between the site and both Belvedere Lagoon and Belvedere
Cove. Further, the construction of a sanitary seal (as discussed in the preceding section)
would effectively isolate the water producing zones in a bedrock well from the most
plausible alluvial and marsh deposit pathways between seawater and a new well. These
factors indicate that the potential for a low yield well at the site to induce seawater
intrusion is considered very low.
Land Subsidence. Land subsidence has occurred in several locations in California from the
pumping of water wells. In these cases removing pore water from poorly consolidated
sediments, where the pore water is supporting the soil grains, induces the soil to densify
resulting in settlement of the ground surface. Because the subject well would produce
groundwater from well-consolidated bedrock in a manner that does not impact the
relatively thin alluvial deposits, the potential for land subsidence is extremely low.
Short-germ Concerns
Noise. Well drilling in the Franciscan rocks is typically performed with a truck mounted
air-driven, percussion drill. This machinery is relatively noisy, on the order of jack
hammering or excavating with a backhoe-mounted hoe ram. It is anticipated that the
drilling would be conducted during normal working hours and be subject to the constraints
typical of common construction operations. The drilling and well construction activities
are typically performed quickly and barring any unusual drilling difficulties it is
13
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
anticipated that the drilling would take about 1 working day with the well construction
involving a second day. It is assumed that measures to mitigate noise would be the same
as those applied to those common construction activities mentioned above.
Discharge of Drill Cuttings and Fluids.
During the drilling process additives, including some water, are introduced into the
borehole to facilitate borehole stability and the lifting the drill cuttings to the ground
surface. A 300-foot deep borehole drilled with a 12-inch bit will typically generate on the
order of about 10 cubic yards of rock cuttings. When groundwater is encountered this
water is also discharge in the course of advancing the borehole. Cuttings, discharged water
and drill fluids should be contained, then removed from the site as required by the
appropriate- regulatory agency. Measures to contain cuttings commonly include
placement of straw wattles or hay bails, and/or placing these materials in bins. Fluids and
foam are prevented from migrating off site and are captured and placed in tanks or a
vacuum truck. Care should be taken to prevent fluids or other drill discharges from
entering ditches or drainages. Upon completion of the work, drill cuttings and any other
materials resulting from the work should be cleaned up in accordance applicable
regulations and good workmanship.
lXgrrA.TIONS
This assessment has been prepared in accordance with the generally accepted
standards of the hydrogeologic profession. No warranty, either express or implied is
14
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511
REFERENCES
California Department of Water Resources, October 28, 2009,
Well Log Images, Marin County (01N05W Sec 31, 01S05W Sec 06 and 01S06W Sec 01).
Driscoll, Fletcher, 1995, Groundwater and Wells, Second Edition.
Groundwater Resources Association, April 26, 2004, Low Yield Aquifer Testing -
Seminar.
Rice, Salem, Theodore Smith and Rudolph Strand, 1976, Geology for Planning: Central
and Southeastern Marin County, California, Division of Mines and Geology publication
DMG OFR 7602
Todd D. K., October 1989, Assessment of Groundwater Resources, Bodega Bay,
California, Isohyetal Map of North Coast of California.
Town of Tiburon, June, 15, 2007, Application Requirements for Water Well, Chapter 13.x',
Planning Division
Air Photos
Marin County GIS office photos:
1-28-46, No. 6-6 GS-CP (black and white; not stereo paired)
6-14-5 3, No. DRK-4K-140, -13 9, black and white
4-23-76, No. X6, X7, black and white.
DISTRIBUTION
Copies Submitted: 3
Mr. Jerry Pang - Tiburon Peninsula Club
1600 Mar West St.
Tiburon, CA 95409
Plates:
PLATE 1 - PROJECT LOCATION
PLATE 2 - GEOLOGY IN THE PROJECT VICINITY
PLATE 3 - INTERPRETIVE GEOLOGIC CROSS-SECTION A-A'
16
MICHAEL S. MALONE - CONSULTING GEOLOGIST
1247 JEAN DRIVE SEBASTOPOL, CA 95472
(707) 829-5511.
k
CHAEL S. MALO
Consulting Geologist
1247 Jean Dr.
Sebastopol, CA
(707) 829-5511
~v o 5 C) L~ GrE Tlo rv
Job No: sfz~/.V4 S;F-W11V41
Date: //-lei ` o' 7~,v/N.SG4.4
Appr: A~A-
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PLATE
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t EXPLANATION
Soil Deposits
jj. Qaf -man-made fill
Qb - bay deposits
1 Qm - marsh deposits
Qa - alluvium
` u Qc - colluvium (slope deposits)
~
Franciscan Bedrock
sp - serpentinite
t
fm - shear zone (melange with
,
various rock types)
KJfch - primarily chert
cg - conglomerate
gs - greenstone
contact
` landslide
,y sheared rock
4 location of
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cross-section
f
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PLATE
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MICHAEL S. MALO
Consulting Geologist
1247 Jean Dr.
Sebastopol, CA
(707) 829-5511
Job No: 4ZRdZ6 -121? I ~~s s - SE CTtzvv / -
Date:
//--/U-0
16~6 MAX s7'~
Appr: 0__
PLATE
3
Diane Crane lacopi
From:
Scott Anderson
Sent:
Tuesday, December 22, 2009 5:19 PM
To:
alITC (Tiburon Town Council)
Cc:
Peggy Curran; Diane Crane lacopi; 'Deirdre McCrohan'
Subject:
Late mail for January 6 Council agenda
Attachments: cmonterichard@ci.tiburon.ca.us_20091222_181557.pdf
A aha
cmonterichard@d.ti
buron.cams...
Please find attached a late mail correspondence for the January 6th Town Council meeting.
It regards the proposed water well at the Tiburon Peninsula Club.
Happy Holidays to all!!
Scott
1
Michael Parker,„ z~
25 Harbor Oak Drive
Cr
Tiburon CA 94920 LAI I. Ifir-ii L
December 21, 2009
Town of Tiburon
Community Development Department
1505 Tiburon Blvd DEC 2 1 ?.009
Tiburon CA 94920
Attn: Scott Anderson ~ - -
RE: Tiburon Peninsula Club - Irrigation Well Application
As property owners of 50 Harbor Oak Drive; which is one of the
neighboring building to the proposed well; I wish to express my concerns
regarding the proposal. I also manage the apartment buildings at 30 and
40 Harbor Oak Drive and those owners join me in those concerns.
The first issue is sound. The sound issues between the TPC and it's
neighbors are well known and have been a source of friction for years.
The shape of that little valley seems to create a sound amplifying effect
which makes sounds more audible up slope from the club than they are at
ground level.
To give the club it's due they have taken their neighbors complaints
seriously and the situation now is tolerable and seems to work for
everyone. Still it is a relief when the club closes for the day and the natural
sounds of the hills, wind, water and wildlife can be heard. It would be a
shame to punctuate that with the sound of a pump which would inevitably
be part of such a system.
The second issue is visual. I assume that the club would not want to
install something unsightly but we do overlook that area and wold not wish
to see any negative visual impact.
That sums up our concerns. Thank you for the opportunity to express
them.
Sincerely;
Michael Parker
(41 5) 435-8459 FAX (41 5) 435-3770
PARKER49@YAHOO.COM