HomeMy WebLinkAboutTC Agd Pkt 2010-03-03TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Tiburon Town Council
1505 Tiburon Boulevard March 3, 2010
Tiburon, CA 94920 Regular Meeting - 7:30 p.m.
Closed Session - 6:00 p.m.
Interviews - 7:10 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.
INTERVIEWS FOR VACANCIES ON BOARDS &t COMMISSIONS - (7:10 p.m.)
(Heritage &r Arts Commission - One Vacancy)
(Design Review Board- One Vacancy)
(Parks, Open Space & Trails Commission - Two Vacancies)
• Jaleh Etemad, 237 Round Hill Road
• Bob McDermott, 601 Ridge Road
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 January 20, 2010 regular meeting (Town
Clerk Crane Iacopi)
2. Town Investment Summary -Accept January 2010 report (Director of Administrative
Services Bigall)
3. Application for Well Permit - Approve permit for non-potable water well (Associate
Planner Tyler)
Address: 13 Roseville Court
APN: 039-212-07
Applicants: Stephen &t Katherine Van Dusen
4. Town Purchase of Below Market Rate Unit - Approve purchase of two-bedroom unit at
4 Marsh Road and authorize execution of documents by Town Manager (Director of
Administrative Services Bigall)
5. Amendment to Taxi Cab Fee Schedule - Adopt resolution incorporating amendments
adopted by Marin General Services Agency in November 2009 (Town Attorney
Danforth)
6. Purchase of Tax and Revenue Anticipation Note for Investment Purposes -
Recommendation to Purchase 2010 Tax and Revenue Anticipation Note from the Town
of Fairfax, California (Director of Administrative Services Bigall)
7. Martha Property Memorandum of Understanding (MOU) - Approve amendments to
the November 12, 2009 agreement with the Martha Company regarding timing and
definition of open space trails (Town Attorney Danforth)
ACTION ITEMS
1. Appointments to Boards and Commissions - Consider reappointment of commissioners
whose terms expired on February 28, 2010; consider appointments to fill vacancies on
remaining Boards and Commissions (Town Clerk Crane Iacopi)
• Planning Commission - (John Corcoran Term Expiration)
• Heritage &r Arts Commission - (David Gotz and Ida Mae Berg Term Expirations)
• Heritage &z Arts Commission - (Vacancy created due to resignation of Peggy Bremer)
• Design Review Board - (Vacancy created by appointment of Frank Doyle to Planning
Commission)
• Parks, Open Space &z Trails Commission - (Vacancies created by resignations of Ralph
Leighton and Jill Sperber)
PUBLIC HEARINGS
1. Amendments to Zoning Ordinance - Introduction and first reading of amendments to
Title IV, Chapter 16 (Tiburon Zoning Ordinance) to incorporate comprehensive
reformatting and text amendments (Director of Community Development Anderson)
2. Wireless Communication Facility at Cove Shopping Center - Appeal of Planning
Commission conditional approval of a co-located wireless communication facility at 1
Blackfield Drive (Director of Community Development Anderson)
Address: 1 Blackfield Drive, Cove Shopping Center, Blockbuster building
APN: 034-212-18
Applicant: Clearwire LLC
Appellant: Peter Pursley, 2 Carmel Way, San Anselmo, CA 94960
3. Amendments to Encroachment Ordinance - Introduction and first reading of an
ordinance amending Title V, Chapter 19 (Encroachments) to add a provision
authorizing encroachment-related policies to be adopted by the Town Council; to add
definitions and other text amendments (Director of Public Works/Town Engineer
Nguyen/Town Attorney Danforth)
Amendments to Water Conservation Ordinance - Introduction and first reading of an
ordinance repealing Title IV, Chapter 13E (Water Conservation) of the Tiburon
Municipal Code, and adoption of regulations contained in Marin Municipal Water
District ordinance (Ordinance No. 414) regarding water-efficient landscapes and water
conservation (Director of Community Development Anderson)
Amendments to Fee Schedules - a) Consider adoption of a resolution making various
amendments to the Town's Community Development Fee Schedule and Schedule of
Miscellaneous Services; b) Consider adoption of amended Animal Control Fees
consistent with those adopted by the County of Marin and municipalities of Marin
County (Director of Community Development Anderson)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
Town Council Weekly Digest - January 22, 2010
• Town Council Weekly Digest -February 12, 2010
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.
cc--. /
TOWN COUNCIL
MINUTES
Prior to the regular meeting on Wednesday, January 20, 2010, the Council met in closed session,
beginning at 5:30 p.m., to discuss the following:
CLOSED SESSION
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 Undergrounding)
Mostyn v. Town of Tiburon et al.
At 7:00 p.m., the Council adjourned from Closed Session and interviewed the following
candidates:
INTERVIEWS FOR VACANCIES ON BOARDS & COMMISSIONS
(Planning Commission - Two Vacancies)
• Frank Doyle, 85 Round Hill Road - 7:00 p.m.
• Erin Tollini, 22 Raccoon Lane - 7:10 p.m.
• Lou Weller , 291 Blackfield Drive - 7:20 p.m.
CALL TO ORDER
Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday, January 20, 2010, in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fredericks, Fraser, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin, Town Clerk Crane Iacopi
Draft Town Council Minutes #02 -2010 January 20, 2010 Page I
CLOSED SESSION ANNOUNCEMENT, IF ANY
Mayor Collins said that there was nothing to report from closed session.
ORAL COMMUNICATIONS
None.
PRESENTATIONS
• Commendation for Caltrans projects to be presented to District 4 Director Bij an Sartipi
(Director of Public Works/Town Engineer Nicholas Nguyen)
Director Nguyen said that in the Fall of 2009, two projects were undertaken by Cal/Trans that
had improved the safety and accessibility of the East Blithedale on-ramp from Highway 101, as
well as the repaving of Tiburon Boulevard (Highway 131). Nguyen said that both projects had
been completed without significant disruptions to the Town and had greatly enhanced the access
onto the peninsula for residents and visitors alike.
Director Nguyen recommended that the Council adopt a resolution commending the men and
women of Cal/Trans for their successful completion of the projects.
Nguyen introduced Chief Deputy Director Don McElhinney of Cal/Trans. Mayor Collins read the
resolution and presented it to Mr. McElhinney.
Mr. McElhinney thanked the Council and accepted the resolution on behalf of Director Bijan
Sartipi and members of the Cal/Trans team. He introduced the team members who were in the
audience.
Mr. McElhinney said that they were "always on alert" for ways to improve projects and ensure
that the projects made sense in the community. He said that they had enjoyed working with the
Tiburon team, including Director Nguyen. He said that the Tiburon Boulevard project was "not
quite done," and that there were still some touch-ups to be made.
• Annual Report by Marin/Sonoma Mosquito & Vector Control District
(Town Representative Roger Smith)
Col. Smith reported that the district had experienced another successful year. He sad that there
was very little evidence of any disease in California and none in Marin or Sonoma counties had
been reported. Smith said that the district had responded to 269 calls from Tiburon, many
concerning mosquitoes and yellow jackets.
Draft Town Council Minutes #02 -2010 January 20, 2010 Page 2
Smith said that the district was providing a new service to other districts in the area, in
conjunction with Sonoma State University. He said this service was an analysis of DNA from
birds and other vectors for the West Nile Virus.
Councilmember Slavitz asked if the district had dealt with the issue of the Light Brown Apple
Moth. Smith said that it was not considered to be a "vector," at least by the district, so that they
could not address that issue.
Councilmember Fredericks asked about any threat of avian flu. Smith said that is was not a
disease carried by mosquitoes and therefore was outside their purview. However, he noted that
mosquitoes did carry West Nile virus, encephalitis, and malaria.
The Council thanked Col. Smith for his continued representation of the Town on the district
board.
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of January 6, 2010 regular meeting (Town Clerk
Crane Iacopi)
2. Town Audit Report - Adopt report for FY ending June 30, 2009 (Director of
Administrative Services Bigall)
3. Ridge Road & Reed Ranch Road Overlay Projects - Adopt resolution accepting projects
as complete and authorize filing of Notice of Completion (Director of Public
Works/Town Engineer Nguyen)
4. Appreciation for Caltrans Projects - Adoption resolution commending Caltrans for the
East Blithedale widening and Tiburon Boulevard Overlay projects (Director of Public
Works/Town Engineer Nguyen)
5. Community Choice Aggregation State Ballot Initiative - Resolution opposing State
ballot initiative to require 2/3 vote to form Local Public Electricity Providers (Town
Clerk Crane Iacopi)
6. Amendments to Building Code - Adopt Ordinance amending Title IV, Chapter 13
(Building Regulations) of the Tiburon Municipal Code (Director of Community
Development Anderson)
7. Amendments to Leaf Blower Ordinance - Adopt Ordinance repealing Title VI, Chapter
30 (Leaf Blowers and Hedge Trimmers) of the Tiburon Municipal Code, and creating a
new Title VI, Chapter 30 (Leaf Blowers and Hedge Trimmers) (Director of Community
Development Anderson)
Draft Town Council Minutes #02 -2010 January 20, 2010 Page 3
8. Grand Jury Report on Marin Energy Authority - Adopt Town's response to December
2009 report (Town Attorney Danforth)
9. League of Women Voters - Adopt proclamation in honor of the League of Women
Voter's 90th Anniversary (Town Clerk Crane Iacopi)
MOTION: To adopt Consent Calendar Item Nos. 1 through 9, as written.
Moved: Fredericks, seconded by Slavitz
Vote: AYES: Unanimous
ACTION ITEMS
1. Appointments to Boards and Commissions - Consider appointments to fill Planning
Commission Vacancies (Town Clerk Crane Iacopi)
The Council waived the staff report.
Councilmember O'Donnell said that he was impressed with all three candidates interviewed by
the Council for the two vacancies on the Planning Commission.
He said he would move to appoint Frank Doyle to the Planning Commission, noting his years of
service on the Design Review Board and his involvement with the Town. He also said that he
would support the appointment of Erin Tollini to the second opening on the Commission.
O'Donnell said that he would support the appointment of Lou Weller to the Design Review Board.
Mayor Collins concurred, stating that he found it to be a good learning curve in preparation for his
own service on the Planning Commission.
Councilmember Fredericks said that Mr. Weller's background would lend itself well to the more
complicated issues of the applications that might come before the Planning Commission in the
development of the Tiburon Boulevard and downtown areas.
Councilmember Fraser said that the Design Review Board would also be involved in any
applications pertaining to the downtown area. Councilmember O'Donnell added that service on
the DRB was a good way to get to know the Town.
Mayor Collins opened the public hearing.
He asked Mr. Weller whether he would also be interested in a position on the Design Review
Board. Mr. Weller said that yes, he would.
Mayor Collins closed the public hearing.
Draft Town Council Minutes #02 -2010 January 20, 2010 Page 4
Mayor Collins noted that an appointment to Design Review Board was not on the agenda for this
meeting and would have to be placed on a subsequent agenda.
MOTION: To appoint Frank Doyle to the Planning Commission.
Moved: O'Donnell, seconded by Slavitz
Vote: AYES: Unanimous
MOTION: To appoint Erin Tollini to the Planning Commission.
Moved: O'Donnell, seconded by Slavitz
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
Councilmember Fredericks reported that the League of California Cities had received an official
title and summary for a state ballot measure that would prohibit further shifting, borrowing,
restricting, or reallocating of funds from local governments.
TOWN MANAGER'S REPORT
Town Manager Curran said that she was contemplating cancellation of both meetings in February
due to travel schedules of the Mayor and Council. She said that a meeting could still be
scheduled, if necessary. Council concurred with her recommendation.
WEEKLY DIGESTS
• Town Council Weekly Digest -January 8, 2010
• Town Council Weekly Digest - January 15, 2010
ADJOURNMENT - to a meeting of the Tiburon Redevelopment Agency
TIBURON REDEVELOPMENT AGENCY
CALL TO ORDER AND ROLL CALL
Boardmember Fraser, Boardmember Fredericks, Boardmember O'Donnell, Vice Chair Slavitz,
Chair Collins
Draft Town Council Minutes #02 -2010 January 20, 2010 Page 5
ORAL COMMUNICATIONS
None.
BUSINESS MEETING
1. Minutes - Adopt minutes of February 18, 2009 meeting (Board Clerk Crane Iacopi)
MOTION: To adopt the minutes, as written.
Moved: Slavitz, seconded by Fredericks
Vote: AYES: Unanimous
2. Audit Report - Adopt report for FY ending June 30, 2009 (Director of Administrative
Services Bigall)
Director Bigall gave a brief report. She said that the audit reported very little activity over the
previous year and no significant activity. She said that the Town still needed to meet the state-
mandated goal of providing four very-low income units before the agency could sunset.
Boardmember O'Donnell asked why a separate agency was needed to accomplish this goal.
Town Attorney Danforth said that the Redevelopment Agency was empowered under state law to
allow the Town to collect a tax increment for this use. She said that the Town had researched
whether this tax increment could be transferred to the Town's general fund, however, she said
there was no clear answer to this question and therefore thought it was prudent to continue the
agency.
Boardmember Fredericks asked if there were [Town] assets available for developing affordable
housing projects. Director Bigall said that there were, and noted that $600,000 had been loaned
to the Marin Housing Authority for the development of Cecelia Place, and the rest (of the $1.5
million balance for affordable housing) was held in cash.
Boardmember Fredericks asked whether the funds were vulnerable to state take-aways. Director
Bigall said that currently they were not because the Town had not received any tax increments in
the last five or six years.
Boardmember O'Donnell asked about the restrictions, if any, on where these low-income
developments could be. Director of Community Development Anderson said that the [38 acres of
the] Tiburon Redevelopment Agency boundaries were somewhat different than the Town's
zoning overlay.
Chair Collins asked whether the Redevelopment area boundaries could be expanded. Director
Anderson said that there did not appear to be prerequisite blight still existing to form a new
redevelopment project area. He also noted that the Town could use redevelopment funds to build
affordable housing outside of the project area boundaries and has been used for such purposes in
Draft Town Council Minutes #02 -2010 January 20, 2010 Page 6
the past. The difference is that the Redevelopment Agency only receives credit for half of the
number of affordable units built if they are built outside the project area.
Chair Collins opened the public hearing. There was no public comment.
Chair Collins closed the public hearing.
MOTION: To adopt the audit report, as written.
Moved: Fredericks, seconded by Slavitz
Vote: AYES: Unanimous
ADJOURNMENT OF REDEVELOPMENT AGENCY
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Collins
adjourned the meeting at 8:10 p.m.
RICHARD COLLINS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Draft Town Council Minutes #02 -2010 January 20, 2010 Page 7
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Administrative Services Department P-
Subject: Investment Summary - January 2010
Reviewed By:
Town Council Meeting
March 3, 2010
Agenda Item: CC-
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended January 31, 2010.
ANALYSIS
Agency Investment Amount Interest Rate Maturitv
Town of Tiburon
Local Agency
$1594189893.79
0.558%
Liquid
Investment
Fund (LAIF)
CDARS (Bank
$ 2,515,887.19
0.60%
Feb. 18, 2010
of Marin)
CDARS (Bank
$ 2,009,396.92
0.75%
April 8, 2010
of Marin)
Housing note to
$ 8009000.00
0.925%
Based on
Town Manager
Employment
Contract
Money Market
$ 2501,000.00
1.10%
Liquid
(Bank of Marin)
Note to Former
$ 379515.08
5.55%
June 1, 2017
Town Employee
Total
$21,031,692.48
Redevelopment Agency
Local Agency
$9899916.73
0.558%
Liquid
Investment
Fund (LAIF)
FINANCIAL IMPACT
No financial impact occurs by adopting the report. The Town continues to meet the priority
principles of investing - safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the January 2010 investment summary
Prepared By: Heidi Bigall, Director of Administrative Services
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
March 3, 2010
Agenda Item:
CC- 3
13 Roseville Court: Water Well Application to Install and Operate a Non-
Potable (Irrigation) Well
OWNER/APPLICANT:
WELL INSTALLER:
ADDRESS:
ASSESSOR PARCEL NUMBER:
FILE NUMBER:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
PROPOSAL
Stephen & Katherine Van Dusen
Weeks Drilling & Pump Company
13 Roseville Court
039-212-07
W2010-01
RO-2 (Single-Family Residential -Open)
M (Medium Density Residential
X (outside the 0.2% annual chance floodplain)
The owners, Stephen and Katherine Van Dusen, have submitted an application to drill and
operate a non-potable water well on their property located at 13 Roseville Court for purposes of
landscape irrigation to supplement existing Marin Municipal Water District service to the site.
The water well would be located on the western portion of the parcel, adjacent to the driveway
turn-around and existing single-family dwelling (see Exhibit 1). The proposed well is
anticipated to be 8 inches in diameter and between 200 to 300 feet deep. The project would also
include a pump mechanism and two water storage tanks each of which would be 13 feet in length
and 4.5 feet in height. Both the pump and the storage tanks would be located underground.
Building permits would be required for any such appurtenances to the water well. Should a pump
or other structure be located above grade, design review approval would be required prior to
obtaining building permits.
ANALYSIS
In reviewing well permit applications, the Town must ensure that the proposal is in compliance
with the requirements set for in Chapter 13F of the Municipal Code (water well construction and
use). In accordance with Chapter 13F, staff has made the following conclusions:
TOWN OF TIBURON PAGE 1 OF 2
• 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 geotechnical engineer, 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. These application materials are available for review in the Planning Division at
Town Hall.
• Construction access would be provided by an existing driveway and turnaround.
Additional access may be provided by an existing construction road, located above the
well site.
Based on the above conclusions, Staff finds the project to be in compliance with the Town's
requirements in respect to the construction of irrigation wells.
Public Comment
As of the date of this report, one letter (attached) has been received regarding the subject
application. The concerns stated in the letter appear to primarily reflect the on-going construction
at the site, and not the proposed well.
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 building permits.
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
3. Letter dated February 8, 2010 from Sid Daru -120 Howard Drive
Prepared By: Laurie Tyler, Associate Planner
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 13 ROSEVILLE COURT
ASSESSOR PARCEL NUMBER 039-212-07
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 13 Roseville Court (a personal residence).
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
geotechnical engineer 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 13 Roseville Court 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 No.XX-2010 03103110 1
~'X~l / 6 lT l
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 March 3, 2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Resolution No.XX-2010 03103110 2
JAN 1 3
Z y TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
TYPE OF APPLICATION
O Conditional Use Permit
O Precise Development Plan
O Secondary Dwelling Unit
O Zoning Text Amendment
O Rezoning or Prezoning
O General Plan Amendment
O Change of Address
O Design Review (DRB)
O Design Review (Staff level)
O Variance
O Floor Area Exception
O Tidelands Permit
O Sign Permit
O Tree Permit
O Tentative Subdivision Map
O Final Subdivision Map
O Parcel Map
O Lot Line Adjustment
O Condominium Use Permit
O Certificate of Compliance
YOther - -W
APPLICANT REQUIRED INFORMATION
SITE ADDRESS:
PARCEL NUMBER:
13 RPSJ-= / 144,. ' 41:O41icT
d3 9 - 2/2 07
PROPERTY SIZE: 32 A4.
ZONING: /CG- 2
OWNER OF PROPERTY: ~T~ft~N fcflTt•>~~it'~ DlJSEr'y
5,q•
MAILING ADDRESS: /3 /205'~l//GLE GT CITY/STATE/ZIP rleaE'91V 4r
PHONE NUMBER: 4[5.50' • D90g FAX -
APPLICANT: (Other than Property Owner) k )AWLdNA5 ,B/E'A0,o01W//V/
MAILING ADDRESS: p *A:9~ LG 40444
PHONE NUMBER: 545- lq7952 FAX Iffl+f
ARCHITECT/DESIGNER/ENGINEER: 'j(1(~ ♦45SdG'l~T~
MAILING ADDRESS:
Please indicate with an asterisk persons to whom Town correspondence should be sent.
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
I, the undersigned owner (or authorized agent) of the property herein described, hereby make application
for approval of the plans submitted and made a part of this application in accordance with the provisions
of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best
of my knowledge and belief.
1 understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town
grants the approval, with or without conditions, and that action is challenged by a third party, I will be
responsible for defending against this challenge. I therefore agree to accept this responsibility for
defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless
from any costs, claims or liabilities arising from the approval, including, without limitation, any award of
attorney's fees that might resuit from the third paiy challenge.
*Signature: Tr 6mlt~~ / Date: /
*If other than owner, must have letter from owner
DEPARTMENTAL PROCESSING 'INFORMATION
Application No.: 10-01 GP'Designation Fee Deposi
/
Date Received: Received By: Z:7- 'Receipt #
Date Deemed Complete: 1 NAO By. Z,J
Acting Body: Action Date:
Conditions of Approval or Comments: Resolution or Ordinance
A proposed non-potable (irrigation) well is to be drilled on the western
side of Parcel 039-212-07 (13 Roseville Court, Tiburon, CA). Irrigation Well is
estimated to be 200' to 300' deep. A submersible pump will be installed,
sized commensurate to the capacity of the well.
Access to drill the well will come from the existing driveway and
turnaround. Additional access is provided by an existing construction
road, above the well site.
Water from the well will be pumped to two (2) - 2500 gallon below ground
holding tanks. Water from the holding tanks will be fed into the domestic
irrigation system for hillside plantings. Irrigation system to be drip and
soaker hosing, with automatic control system.
1 /7/ 10
90 Throckmorton Avenue. Suite 16. Mill Valley. California 94941 Tel 415.383.9780 Fax 415.383.9782
E-mail: Bradanini@neteze.com Web Site: www.bradanini.com
Laurie Wer
From: Jim Bradanini [bradanini@neteze.com] JAN l u
Sent: Wednesday, January 27, 2010 9:04 AM
To: Laurie Tyler
Subject: [POSSIBLE SPAM] 13 Roseville Court-Well Permit
Importance: Low
Hi Laurie,
The information you requested is as follows:
CASING (pipe in hole) = 5" dia
DRILLED HOLE = 8" dia
CONC. SEAL AROUND PIPE = 9 7/8" dia
Call with questions,
Jim
1
G., )ENGINEERING
, INC. =
Geotechnical Engineering Consultants
124 Paul Drive, Suite 4105
San Rafael, CA 94903
Stephen & Katherine Van Dusen
13 Roseville Court
Tiburon, CA 94920
L 1 " n
` JAN 1 'L
U `U
Phone & Fax (41.)X92-174,7.
Robert H. Settgas".--G:-''
December 16, 2009
File 3-096-sv/mc
FEASIBILITY OF NEW WATER WELL FOR IRRIGATION
WITH RESPECT TO EXISTING NEARBY WA TER WELLS
VAN DUSEN DWELLING
13 ROSEVILLE COURT
TIB UR ON, CALIFORNIA
APN 39-212-08
As requested, we have performed the entitled services. Our firm had provided consultation and
monitoring services for the fill embankment now being placed downslope from the general
position of the proposed well, and summarized these services in 9/9/09 & 10/14/09 reports.
The landscape architects are Brandinini & Assoc of Mill Valley, and the civil engineers &
surveyors are Gregory Cook Engineering of South Lake Tahoe.
On 12/15/09, we evaluated the general location of the planned well--see attached Site Plan.
We later consulted the USGS Topographic Map (attached) & the Geologic Map, and found no
special concerns with respect to this project.
We also consulted the Marin County Health & Human Services department for the possible
presence of nearby wells. No wells were found. This included all parcels on Roseville Court,
Auburn Court, Stewart Drive Howard Drive, and Mark Terrace. We understand that these records
include the last -40 years, and that some wells might exist that were not permitted or reported.
Our services exclude any evaluation concerning the actual presence or quantities of groundwater.
With the above points in mind, all indicators show that the proposed well on this parcel
will not adversely affect nearby properties.
-000-
We trust that this report provides the required information. You may contact us for clarification.
Respectfully submitted,
GEOENGINEERING, INC.
Robert H. Settgast
Professional Geotechnical Engineer
RHS: rhs
Attachments: General Site PlanPhotos Attached.
USGS Topo & Areal Maps.
CC & FAX Brandinini & Assoc (Three Copies)
90 Throckmorton Ave
Mill Valley, CA 94901
383-9782
C`I aaENG-I-NE-ERING, INC.
124 PAUL DRIVE, STE 105
SAN RAFAEL, CA 94903
PHONE & FAX (415-492-1747)
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MARIN MUNICIPAL
JAN 1
WATER DISTRICT
220 Nellen Avenue Corte Madera CA 94925-1169
www.Inannwater.org
Service # 46919
Meter # 63838153
January 8, 2010
KATHERINE VAN DUSEN
13 ROSEVILLE CT
BELVEDERE TIBURON, CA 94920-1319
RE: Proposed Well for Irrigation Purposes
13 ROSEVILLE CT, TIBURON
Dear Consumer:
The District has no objection to the development of a well for irrigation purposes on the
above subject property. The District's primary requirement is that backflow protection
be placed on the potable water service (at the property owner's expense) to safeguard
the public water supply.
State Regulations (Title 17) require the installation of backflow protection whenever an
auxiliary water source exists on or serves the same property also receiving water from a
community water system. Adjacent properties owned by the same owner or used
contiguously also fit this description. The backflow assembly is installed on the
consumer's side of the water meter and serves to prevent water from the auxiliary
source from entering the community water system. This protection is necessary whether
or not the auxiliary water source is interconnected with the community water system.
A Certified Tester must test the backflow device once it is installed, with the result
forwarded to the District's Backflow Section. Thereafter, the backflow device must be
tested annually, as required by law. The District will notify you when it is time for each
annual inspection.
A copy of the District's well policy is attached for your reference. If you have any
questions or need additional information, please contact our office at (415) 945-1559.
Sincerely,
Kenneth F. Feil
Backflow Program Supervisor
Enclosure: Board Policy
recycled h
rec,clabli,
T
r
JA
AIARIN MUNICMAL
1 WkTER DisrRicT
N~;
BOARD POLICY
140::. 3
Date:
Revised. 3,(22/78, 9/15/&9
and 9123/92
Reviewed 2123/94
u b) a Ct ; VF1 L S PAD DTHCR PRl VA1 E WATER SOURCE
The 0 i st iri ct i s charged xi th suaplyi ng water Wi th i in i is boundari c s, The- Vi N tr i o t
has deterwined it is ill tire kst ifrterest of Its coasumers r Loth -eXistlog and
futur`e' to allow the use of we11 s or oVLOr pri Pate water sources Wanly for non-
potable use, and only to 'Supplement District service. As a grater cvnservatzun
measure, the District wishes to encourage the use of Xel l s for irrigation
purposes-, and, has developed this policy in response to Q1anning needs of the
Cities and County.
The District requests that the Cities grid Counter require' new multi-chit
welopment to have water ser+rice from the District as the potable water source
and regtj i re review fry the District of ar~v such deve 1 opnent w i sb i ng to s uppl ewnt
such scrwite. 'The Di-strict- s review as a condition for development shall
include, hu t not be 1 ion i tied to:
t. Impar-t of tonal water requirements on District's facilities in the
event of well failure.
2. Need. f v r well system to provide fire protection,
. Need to in-stall bac kf 1 ow preventi an d ew i ce s to pmtect District's
system.
It is not the f n teat o f, th i s policy to limit or pr*Yent the us a of a private well
or othor private wager--sourca for irrigation of landscaping cr for non-potable
u5e5 t.but said privato grater supply shall not serve as the potable water seurca
f o r two ar more units. Water supply s31*411 be located an the same p ropcrt~ for
wh i r-L the trater s wppl y servos,
In L h;D event v f fa i 1 ure of the pri w ate water soarCe, an Zjjp14 cat i-011 foT' Change
in the character of service shall be submitted to O i s t r i c t aa,d will be proce$ s od
in accordante with tfie District's rules and regulations in effect of tiie tinie of
such applicatioD. District does not aSsuw any coaiitmelit to provide additional
potable water servi cc s i t, the a re nt of the failure b f any private system.
The use of a private grater source for a single-residential unit does nvt require
a meter from the District tyu k a p ropes al for z ruc h use s ho u l d be reviewed by
ai strict prior to bmilding Rermit approval.
MARIN MUNICIPAL
WATER DiltirfRIC'T
44~;
BOARD POLICY
No,: 3
Page: 2
A suppl miital water system wMC11 is installed for a sirgl e-resideni tel snit
alreaJy tunnected tD th-e Oistria shall re4uiM District review and app royal, and
sliall require installation of appropriate backf ow Rrttect ivn .
Ve suggest the f of l Dri :ng section as a guide for the departrent or ~ e parts rat s
res!POns i b l e for the I s s UOACO of Well perm is for si rtig T e- rep i denti a 1 un i t.s . . .
A. Adequate hater. Vertical Wells
Ad equate mater (Vertical Wells) is d + a f i ned as i ' lHel l Or Wells Wh i C h W i l l '
pri u a minimum of one gallon per ani note for a susta,i rted pumping test of
8 hours of Ler the pump i tag 1 e re 1 iias beery estaN i s hed or the ire 1 l is pumRed
to the Bottum. This minimum shall be atc. W ani ed at the t 1 w ()f res i d eati a 1
construction, with a rdinimum of 1,0M gal l ans of storage capacity.
D, Mewate Testing Requirements
In addit.ian to the 8-bour yteid t0st described wave, testing to meet the
above; Yield requirements must be conducted from June 1 to November 15 and
must be done by a licensed drilling or pump contractor or a registered
Q e-01 ttg t St . f rt the case of prod a ng-ed a ry weather, the t i me p cr i ad may be
ext ended fl r cert i f i cat i ara be requ f red by a registered geologist as to the
wel l i s p roclucti w i tyr.
C. Ade qU a Le Starag-e Requ is ra*i1ts
Minimum stnrage facility shall k a ],,QDD gallon tank. Yhi s al 1 arts 2 to ~
da3+s• of StD rage for con sawt i min during Periods wh e ne wel 1 i s out r-pf s e rw i ce
far ma i n i,enance rea sons or for p urnp repair.
D. Potabl a Water _ f~
Water intended for d st ► e Rs e Inu s t W-et all ~ t arudards arid t o n d i t i o n s as
the health afri cer deems noes sa r, for the Prot e C t i 4n of the public health,
safety, and rre1fare.
E. Hold flamles's Agreement
A 1I-a1d Haml ess Agreement 6etweeitr the issuing authisH tY a.A UP app1 ica rt
(property owner) reel i.-eying the issuing authorityr of any liability*
i abil ity* roast be
entered into prior to the issuance of a permit. This &h.Duld be rec.oMpd
with the liar i n c puRty Reno r d-e r
MARIN MUNICIPAL
1 WnERDismicr
BOARD POUCY
page : 3
F. Abandok!d N-211 s. Test wells, or Holes and GestI`u•ction of WQ11 s
Vo person should abandons Cvnstrust, destruct, remudel, ur rnc:Qnstruct any
well , test Well r or hale wi th4ut first subpiQt i r19 all appal i Cation to and
receiving a pemi t from tfhe local 4uris-d i-ctioo for sur-h eoastruct Fors or
a bandonmcnt . Such perv i t shavl ~ he subject to Bond i t i o n s vKe ss a ry to
comply with State laws and the rul-es aad regulations issued thereunder that
will prDwte the protettion Df public; health,
G. Review by 194ber District
Any applicant for a well permit should submit the proposed well application
to the Mari n Municipal Water District for review. Well appl i cati-ons should
Include:
Plot pl eta v f property showing buildings, roads, sewer lines, slept i s
systems, stera9c faei 1 i ties, etc.
Description of intended use 4Potabl e, irrigation, fire p>rot.ett#~n,
etc.).
Any other i nformatioo pertinent tD the well dewel op rent.
A letter mom the Water District attesting to the review should be required
prior to issuance of a well permit. The letter from the District will
advise the applicant that the District cannot assuvae in advance any
comrai tment to provide additional pat abl a water service to the prulpertX in
the event of th-c failure of the well unless .the ap}pli-caret applies and r)ays
far tM amount fl f orate r which !he District c al c ul ate s is -needed to serve the
pre pe rty without banefi t of the Nc-11. The District will not redut :e i t s
calculation of the a3nount of District water heeded ~y such an application
tecaus a of t h e prcpos ed -ut i l i t a t i or, o ; a we] i duf► to t fLe i tnposs 11) 111 ty o f
de termi n, ng wi t h any c ertai nty, ?i ow i -an 9 the wel i i s i i ke 1 y to be product i w e
and at 1n.hat level of yield.
State Of California
a CONTRACTORS STATE LICENSE WARD )
»r ACTIVE LICENSE cwwwt
I
Anifh
le,f.. WqM„ , 177681 r EMIq CO R P
WEEKS DRILLING AND PUMP CO
'=lnmp-mim(r7 C61 /D21 C57 C36
e,o m"n 09/30/2010
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JAN 3`+
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1EPF CERTIFIC - TE OF LIABILITY INSURA~' ~E WEEKS pATL IMMfp 10101109
PRO UcER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Don Ra=tici Insurance, Inc. HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P .0 . Box 551 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
T aluma CA 94953
Ii-"one: 707-782-9200 Fax:707-782-9300 INSURERS AFFORDING COVERAGE NAIC F
INSURED INSURER A' PuvLoh Ainwrloan Ineur Co of IL 27855
INSURER Bt
Weeks Drilling & Pump Co. INSURER C:
PO Box 17 g INSURER D:
Selmstopol CA 95473
. INSURER E'
~a.. iOr%A r.Me
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPI=CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE 06EN REDUCED By PAID CLAMS. _
LTR
NSR
TYPE OR INSURANCE
POLICY NUMBER
OAT MfMIDD
DATE (MMIDDITYKY;
LIMITS
GENERAL LIABILITY
EACH OCCURRENCE
$
COMMERCIAL GENERAL LIABILITY
PREMISES Eo otcurence
CLAIMS MADE ] OCCUR
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OENERALAGGREGATE
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AUTOMOBILE LIABILITY
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ALL OWNED AUTO$
BODILY INJURY
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SCHEDULED AUTOS
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EXCESS I UMBRELLA LIABILITY
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WGR
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J6 ITORY LIMITS r;R
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AND EMPLOYERT LIABILITY
ANY PROPRIETORRARTNERIEXECUTWn
WC655448100
10/01/09
10/01/10
E.L. EACH ACCIDENT
_
S1000000
OFFICERIMEMBER EXCLUDED? LJ
(Mandatory In NH)
E.L. DISEASE - EA EMPLOYEE
$1000000
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SPECIAL PROVISIONS esbw
LL, DISEASE - POLICY LIMIT
11000000
OTHER
b,
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS A0020 BY ENDORSEMENT I SPECIAL PROVSIONS
RE:Operatione of the Named Insured for the Certificate Holder
10
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BI?FORE THE EXPIRATIO1
DATE THEREOF. THH ISSUING INSURER WILL ENDEAVOR TO MAIL 1- DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, PVT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITYOF ANY KIND UPON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
ACORD 25 X2009/01} Q 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are reglsMred msrks of ACORD
11/18/2009 10:06 70782? 58 WEEKS DRILLING "ND U PAGE 02/10
- Water Well Drilling JAN 13
W E E RNAI wr ,SI
Proposal
pDrlliing & Pump Company
Weeks Drilling Pump Co, Weeks Drilling & Pump Co.
P.Q. Box 176, 6100 Highway 12 3460 North State Street
Sebastopol, CA 95473 Ukiah, CA 95482
(707) 542-3272 Fax (707) 823-4258 (707) 462-9080 Fax (707) 462-0175
Weeks Drilling & Pump Co., a California corporation, contractor's license number 177681, proposes to construct
a water well(s) for:
Property Owner Stephen Van Dusen C/o Maverick COWL Home Phone
Mailing Address 13 Roseville Ct Work Phone
Tlburon,Ca Fax Phone
Cell Phone
Well Location 13 Roseville Ct Tiburon
APN 035-212-07 -
415-331-2000
415-388-3007
We propose to construct a water well to an approximate depth of 200 feet and set approximately 200 feet of vpvc
casing. Costs may include:
Item
Approx.
Quantity
0
Non-rock drilling
28.00
per foot
200
feet
Rock, boulder, or conglomerate
drilling
$ add
per foot
feet
moo
Reaming - non-rock conditions
per foot
feet
Reaming - rock, boulder or
ton lomerate conditions
r foot
feet
Casing, blank installed
1i.oo
per foot
100
feet
Casing, perforated,, installed
x5.00
per foot
100
feet
Sand/gravel, delivered
Vendor invoice +200/0
3 yds
yards
ravel
Sanita Seal
500.00
installed
20'
Permit
$ 750.00
rmarin
coup
Move-in Move-out fee
500.00
1
Tiburon permit
owner
owner
all drill fluids and cuttings to remain
on site
The proximate cost of the proposed well is $io,e40, more or less, depending on conditions encountered.
This is a proposal and not a substitute for a drilling contract as required by California Law. Other than unit prices
listed above, we do not make any representations by this proposal. If we can serve you with your water needs,
please FILL OUT AND RETURN this form OR CALL OUR OFFICE with the mee a information (AP
PHONE-RUM R S and PARCEL MAMAS and we will then prepare a contract that contains the details of our
agreement with you. Thank you for thinking of Weeks!
Signed I This proposal Is made on f 1 ~lnq
Date
Accepted by customer
This proposal may be withdrawn if not accepted within 60 days.
11/18/2009 10:06 70782 ?A258
WEEIV-SAP
Drilling & Pump Company
Weeks Drilling & Pump Co.
P,O. Box 176, 6100 Highway 12
Sebastopol, CA 95473
(707) 542-3272 Fax (707) 823-4258
Date: November 18, 2009
WEEKS DRILLING' ^ND U
PAGE 03/10
Water Well Drilling
Contract
Weeks Drilling & Pump Co.
3460 North State Street
Ukiah, CA 95482
(707) 462-9080 Fax (707) 462-0175
Stephen Van Dusen c/o Maverick Construction, ("Owner" or "you" or "yours"), hereby retains Weeks Drilling &
Pump Co., ("Contractor" or "we" or "ours'D, License #177681, to construct the following work of improvement
(the "Project', and agree to the following:
1) nescript
j' nn of work. We will furnish all materials and labor necessary to construct and complete in a
good and workmanlike manner a WATER WELL, or WELLS, upon property located at 13 Roseville Ct.,
Tiburon, in the county of Marin, State of California, APN 039-212-07 (the 'premises' as described
hereafter. A plot plan will be prepared for the purpose of permit application. A final well report will be
provided upon completion of the water well.
The following are i G ugd-e-d
a) Boring, reaming, casing, sand, gravel, and cement necessary to complete a water well to an
approximate depth of 200 feet. Unit prices are as noted on Weeks Proposal dated 11/18/09, a copy of
which is attached. The Weeks representative who made the proposal is Don Garner.
b) County permit.
The following are e c Oed:
a) Disposal of cuttings and fluids. The material we remove from the boring as well as drilling mud and
water will be placed near the well.
b) Pump installation. In or er for the completed well to function as a water supply it must have a pump
installed whlch__is not included,
c) Site access costs, excavation, tractor work.
d) Water quallty and/or water quantity testing of completed well.
2) finished Depth Un_cerrtailn. Owner and Contractor agree that the finished well depth and the quantity of
material necessary cannot be exactly known until after construction has begun, We will not exceed the
depth specified in paragraph 1. a, above, without prior authorization from you.
You shall be available and communicate with us in a timely manner during the execution of the Project and
provide us with an opportunity to exercise such approval rights as appropriate as the Project progresses.
3) Estimated Costs. Subject to Section 8, the estimated cost of the completed well to a depth of 200 feet is
$10640. If the completed well depth is more or less, then you shall pay for the materials actually used,
Contract
Week5 Dlillino . Pump Co.
Page a of 8
f 1 . 1 C, - //I-
11/18/2009 10:06 70782?,4958 WEEKS DRILLING "ND U PAGE 04/10
whether more or less than the estimate, at a per unit rate as shown
4) terms, You agree to pay us a deposit of 10% of the price estimated in the previous paragraph or $1.000,
whichever is less, upon notification that we are ready to move equipment to your property. You agree to
pay us for our work immediately upon completion of the well, or in the event a completed well is not
developed, at the time we remove our equipment from the property.
If the Project takes longer than 30 days, you agree to pay us each 30 days for the progress attained as an
estimated percent complete of the total estimated price.
Interest on monies owed to us under this contract past 30 days due shall accrue interest at a rate of
0.833% per month on the principal balance.
Upon payment being made for any portion of the work performed, we shall, prior to any further payment
being made, furnish to the Owner a full and unconditional release from any claim or Mechanic's lien for that
portion of the work for which payment has been made.
5) Well_i.ocatfo_n_ . You acknowledge you have approved the intended well site(s), that you have identified
the location of property lines, septic tanks, and leach fields to us, and that we have no responsibility for the
accuracy of your representations of these locations to us. Further, you agree that we are not responsible for
the accuracy of maps, public record documents, or other information we might obtain on your behalf.
6) Rm--eift Datum. You agree to provide us and our equipment free ingress and egress upon your
property for the purpose of constructing the well(s). You also agree that any damage to your property (or
the property of others if required for ingress or egress), whether upon the surface or underground, that
occurs in the pursuance of this Project and is incidental or necessary to the completion of this Project shall
not be our liability.
7) Dafie W!%t o Begin. Substantial commencement of work shall occur when we make application for a
permit from the jurisdictional agency. We shall file such application within approximately 30 days or less
from the date of this contract. Our failure without lawful excuse to substantially commence work within 20
days from that approximate date is a violation of the Contractors License Law. Due to uncertainties in
equipment availability and weather, we do not guarantee a date when we will move equipment to your
property. We agree to keep you informed of our approximate lead time, if requested, and we will notify you
of the date when we are able to begin the drilling process.
8) Tim_ a for Comaletlon. At tiie time we notify you that we can move equipment to your property and begin
the drilling process we will estimate the date of completion. Once we begin the work we will continue,
excluding weekends and holidays, on this Project until the well(s) are complete or you authorize us to stop.
We may stop or postpone work due to conditions beyond our control such as, but not limited to: weather,
equipment breakdown, employee illness, strike, government agency order, Inability to obtain materials, or
changed or unexpected conditions that make proceeding impractical.
You agree that we may also stop work if, in our sole judgment, continuing presents a hazard to people,
equipment or the environment.
The definition of "completion" is understood to be either a water well in a condition to be operated by the
owner or termination of the Project for any reason under tie terms of this contract.
Owner shall be responsible for any and all additional costs incurred by Contractor resulting from a delay in
completion of the Project, which delay Is caused by Owner.
0
Contract
f , Wccks Drilling & Pump Co.
1 ! C. ~j Page 2 or 6
11/18/2009 10:06 7078234258 WEEKS DRILLING 4ND U PAGE 05/10
9) Extra Hard Rock. If we encounter unexpected conditions such as extra hard rock or a porous formation
that will not contain the drilling fluids, we reserve the right to cease drilling and you shall pay us for footage
drilled, work performed, and materials used to date. Whether extra hard rock or other conditions have
been encountered shall be in our sole judgment.
If in our sole judgment there are special techniques that may be employed to overcome the conditions that
cause us to elect to cease drilling we may propose continuing on a tlme-and-materials basis employing
those techniques. The acceptance of this alternative shall be entirely your option. Acceptance of said
alternative or any other changes In the Project, shall be by written change order.
10) Cancellation. You acknowledge you have received two copies of "Notice of Right to Cancel" attached to
this contract which allows you three business days to cancel this contract. In addition to this right which is
required by law, we will allow you to cancel this contract at any time up until we have actually begun work.
You agree that if you cancel the contract after the initial three-day period required by law, that you will pay
for all costs incurred by us on your behalf including but not limited to: permit fees, consultant fees, non-
stock/non-returnable materials ordered for your Project, restocking charges by distributors on returnable
materials ordered for your Project, and freight charges.
STATE LAW REQUIRES ANYONE WHO CONTRACTS TO DO CONSTRUCTION WORK TO BE LICENSED BY THE
CONTRACTORS STATE LICENSE BOARD IN THE LICENSE CATEGORY IN'WHIC14 THE CONTRACTOR IS GOING
TO RE WORKING-IF THE TOTAL PRICE OF THE JOB IS $500 OR MORE (INCLUDING .LABOR AND MATERIALS).
"LICENSED CONTRACTORS ARE REGULATED BY LAWS DESIGNED TO PROTECT THE PUBLIC. IF YOU
CONTRACT WITH SOMEONE WHO DOES NOT HAVE A LICENSE, THE CONTRACTORS STATE LICENSE BOARD
MAY BE UNABLE TO ASSIST YOU WITH A COMPLAINT. YOUR ONLY REMEDY AGAINST AN UNLICENSED
CONTRACTOR MAY BE IN CIVIL COURT, AND YOU MAY BE LIABLE FOR DAMAGES ARISING OUT OF ANY
INJURIES TO THE CONTRACTOR OR HIS OR HER EMPLOYEES.
YOU MAY CONTACT THE CONTRACTORS STATE LICENSE BOARD TO FIND OUT IF TINS CONTRACTOR HAS A
VALID LICENSE. THE BOARD HAS COMPLETE INFORMATION ON THE HISTORY OF LICENSED
CONTRACTORS, INCLUDING ANY POSSIBLE SUSPXNSIONS, REVOCATIONS, JUDGMENTS, AND CITATIONS.
THE BOARD HAS OFFICES THROUGHOUT CALIFORNIA. PLEASE CRECIC THE GOVERNMENT PAGES OF THE
WHITE PAGES FOR THE OFFICE NEAREST YOU OR CALL 1-800-321-CSLB FOR MORE INFORMATION."
11) No Guarantee of Successful-Outcome. You agree that there Is no assurance or guarantee of either an
adequate quantity or quality of water from the Project well(s). Further, there is no guarantee that a usable
water supply will be developed. You agree to pay for the work we expend in our effort to develop a usable
water supply for you, regardless of whether our efforts are successful.
We do not make any assurances or guarantees that a water supply we develop is sustainable into the
future.
We do not make any assurances or guarantees that water from the completed well will meet regulatory
standards or requirements for safe drinking water.
12) Warranties. We represent and warrant that we hold an unencumbered Contractor's License to perform the
services included in this contract, and that we will maintain and keep such license In good standing and in
full force and effect at all times while performing the work under this contract.
We are not geologists or engineers and we do not render such services.
We do not warrant the materials or supplies we use against defects in workmanship or materials. We will
l C) C) contfact
Weeks DdIl/ng & Pump Co.
Pagc3of8
11/18/2009 10:06 70782'-14258 WEEKS DRILLIN"' ' ND U
PAGE 06/10
use our best efforts to enforce any warranties against the manufacturer or supplier on your behalf.
13) ilia o CamnlaintsContractors are required by law to be licensed and regulated by the Contractors
State License Board, which has jurisdiction to investigate complaints against contractors if a complaint
regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint
regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date
of the alleged violation. Any questions concerning the contractor may be referred to the Registrar,
Contractors State License Board, Post Office Box 26000, Sacramento, California 95826.
14) Acknowledgement by ovuner of Receipt of NotiCB to Oti~,rner. You acknowledge that you have
received a copy of the "Notice to Owner" (attached) as specified by Section 7081.5 of the California
Business and Professions Code.
15) Arbitration of Disputes. Contractor and the Owner agree that any and all disputes, claims or
controversies arising out of or relating to this contract that are not resolved by their mutual agreement, or
within the jurisdictional limits of the small claims court, or enforcement of any mechanics lien, shall be
submitted to final and binding arbitration before JAMS/ENDISPUTE, or its successor, pursuant to the United
States Arbitration Act, 9 U.S.C. Sec. 1 et seq. Either the Owner or Contractor may commence the
arbitration process called for in this contract by filing a written demand for arbitration with
JAMS/ENDTSPUT'E, with a copy to the other party. The arbitration will be conducted in accordance with the
provisions of JAMS/ENDZSPUTE's Arbitration Rules ("Arbitration Rules") in effect at the time of filing of the
demand for arbitration, and California Code of Civil Procedure Section 1282 et seq. (the "Code"), as
amended. Specifically, the rights of discovery shall be governed by Code of Civil Procedure Section
1283,05, To the extent there exists an inconsistency between the Arbitration Rules and the Code, the Code
shall apply. Contractor and the Owner will cooperate with JAMS/ENDISPUTE and with one another In
selecting an arbitrator from JAMS/ENDISPUTE's panel of neutrals, and in scheduling the arbitration
proceedings. Contractor and the Owner covenant that they shall participate in the arbitration In good faith,
and that they shall share equally in its costs, Notwithstanding anything to the contrary provided in the
Arbitration Rules, the arbitrator shall issue written findings of fact and conclusions of law, in accordance
with California law, The provisions of this Paragraph may be enforced by any Court of competent
jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and
expenses, including attomeys' fees, to be paid by the party against whom enforcement is ordered.
Contract
Weelrs Drilling & Pump Co,
Page 4 of8
11/18/2009 10:06 707827'1258 WEEKS DRILLIN- AND U
PAGE 09/10
NOTICE OF RIGHT TO CANCEL
Notice of Cancellation
(enter data yDu signed the contract)
You may cancel this transaction, without any penalty or obligation,. within three business days from the above
date.
If you cancel, any property traded in, any payments made by you under the contract or sale, and any
negotiable Instrument executed by you will be returned within 10 days following receipt by the seller of your
cancellation notice, and any security interest arising out of the transaction will be canceled.
If you cancel, you must make available to the seller at your residence, in substantially as good condition as
when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with
the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk.
If you do make the goods available to the seller and the seller does not pick them up within 20 days of the
date of your notice of cancellation, you may retain or dispose of the goods without any further obligation.
If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail
to do so, then you remain liable for performance of all obligations under the contract.
To cancel this transaction, mail or deliver a signed and dated copy Of this Cancellation notice, or any other
written notice, or send a telegram or fax to;
Weeks Drilling & Pump Co.
P. 0. box 176
,Sebastopol, CA 95472
Fax 707-823-4258
not later than midnight of
(three business days from the above date)
I hereby cancel this transaction
(todays date)
(buyers signature)
Dcvplicate: send this copy to Weeks if you wish to cancel
Con .hart
Weeks Ddlllnq & Pump Co.
Page 7 of 8
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Norwesco 2500 Gallon Below Ground Holding Tank (TN2500WT) 12/3/09 10:18 AM
HOME - ABOUT US - CUSTOMER SERVICE - RETAIL LOCATIONS - SHOPPING CART
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h r is
O FIO iWESCO
Norwesco 2500 Gallon Below Ground Holding Tank
The 2500 is the largest capacity below ground storage tank made today. Typically
used to store water -both potable and non-potable- it can also be used as a
large capacity septic tank. The end ribs will accept fittings up to 4" in size. Integral
columns in the tank give it excellent structural strength.
'I1?-1t x 1141
Part Number: TN2500WT
Capaci 2500 Gallons
Size: 1 8"L x 98"W x 53"H
Weight: 360 lbs.
Ships From: MN, CA
View Technical Drawing Get Freight Quote
Online Price: $2,749.99
links
http://www.tank-depot.com/productdetails.aspx?part=TN2500WT Page 1 of 1
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- : n N ; ; Stephen & Katherine Van Dusen Drainage Plan GREGORY J. COOK
P.O. BOX 16442
v : sa a° r 13 Roseville Court
° • • ; Tiburon, Marie County. CA SOUTH uEE TAHOE. CA 96151
APN:039-212-07 530-5{4-7774
.0 IL
March 3, 2010
To: Town of Tiburon; Laurie Tyler
Subject: 13 Roseville Court - Application for well
Our home at 182 Stewart Drive is contiguous to and situated above
the proposed well on the applicants' property. We have concerns
that this proposed well project might adversely affect our
property. We would like the supporting reports from the applicants
regarding this project.
Thank you for your time and assistance.
Barry and Victoria Fong
182 Stewart Drive
Tiburon, CA 94920
(415)435-4676
Jvvrj u UNCI~
IL #
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MEETING DATE--L:J
Page 1 of 1
Laurie Tyler
From: Barry Thornton [bthornton2@att.net]
Sent: Tuesday, March 02, 2010 1:22 PM
To: Laurie Tyler
Subject: 13 Roseville Court Application for Irrigation Well
My wife and I are the owners of 33 Mark Terrace, directly adjacent to 13 Roseville Court. We are very
concerned by the application for the irrigation well, as our water table is right next door, and we have
noticed the rising and falling of our water table for the 18 years we have lived here. During the summer
months our pool deck sinks by several inches, and we are concerned that the proposed well will
significantly affect this sinking, and may potentially have other hazardous effects on our property.
We have asked the owners for the two reports cited in the letter from GEOENGINEERING dated
12/16/09 (reports dated 9/9/09 and 10/14/09) but have not received them. We have not received
adequate reassurance that our property will not be negatively affected by the proposed well.
Accordingly, this is to express our concerns and to request that the Town provide additional information
regarding this proposal. We also reserve all legal rights should the application be approved and our
property is harmed in any way by the proposed well.
Thank you for your assistance,
Barry Thornton and Karen Land
33 Mark Terrace
Tiburon, CA 94920
415/435-4961
0 E C E I V E
MAR - 2 2010 D
TOWN CLERK
TOWN OF TIBURON
TOWN COUNCIL
L ATE MAIL # ~L-MEETING DATE ~~3/2/2010
February 28, 2010
To: Tiburon Community Development Department, Laurie Tyler, Associate Planner
From: Janet Daru, 120 Howard Dr (phone: (415) 435-1413)
Re: 13 Roseville Ct - Application for Irrigation Well & Water Well / Drainage Plan
With regard to the above, I enclose a photo of our 120 Howard Dr home which lies
below the pool and also below the proposed water storage tank area of the Roseville
property. As you can see the yard of the Roseville property rises steeply, and in fact
now more steeply than ever in its lifetime, above 120 Howard Dr.
I am sure you would agree that a good drainage system on the Roseville property is
very important to the Howard Dr home.
Concerns on Drainage/ Holding tanks:
1) The existing drainage V ditch along the fence line - was improved, however it
is not pictured in this plan. It is important to our Howard Dr home, since it
helps to carry the water coming down over and thru the hillside above to the
larger town drainage ditch running under our next door neighbor's home.
2) The proposed new holding tanks - The new pool is probably about 20,000
gallons of water. Another 5000 gallons of water up there is not a comforting
thought ...what with a major earthquake predicted for the Bay Area in the
future. Water hungry plants could require holding tank after holding tank after
holding tank. Water ending up in the soil for whatever reason can hit
underground springs and end up down in our yard or under our home.
3) Is there a noise factor with the pump or the system?
Further thoughts -
In general I remain concerned that the Town of Tiburon can allow such a large
hillside area to have essentially all native foliage removed from it at once. I also
remain concerned that the Town can allow tons and tons of soil to be added to such a
property, increasing the steepness from the vantage point of any particular home
below. A project of this size, requiring heavy noisy machinery now going into its 2nd
year is horrific from many viewpoints.
Drainage at the close of the project - It is important that the drainage is checked out
again at the end of the project. We feel this is especially important because the most
recently added high hills of soil (on top of lower retaining wall) appear to be close to
the existing drainage V ditch area above our home.
Thank you for requesting input. I look forward to speaking with you soon.
Sincerely,
TOWN COUNCL
Tanet aru
W, A LATE MAIL
MEETING DATE
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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
March 3, 2010
Agenda Item:
Recommendation to Purchase Below Market Rate Unit at 4 Marsh Road
The Town of Tiburon has the first right-of-refusal to purchase below market rate (BMR) units
located in the Point Tiburon Marsh development when an owner wishes to sell. The Town
currently owns six units, of which three are one-bedroom and three are two-bedroom units. The
Town in turn rents these units to Town employees, or employees of Tiburon Peninsula public
agencies, in accordance with the Housing and Community Development annual income limits for
Marin County.
The Town has been advised by the Marin Housing Authority that the owner of the below market
rate unit at 4 Marsh Road has decided to sell her property. This is an upstairs, two-bedroom unit.
The sales price has been established at $183,000.
ANALYSIS
It has been the Town's desire to purchase two-bedroom units when they become available as they
are more desirable rental units. In addition, when any of these BMR units are resold to a
qualifying BMR purchaser, the unit can only be legally deed restricted as BMR units for the first
fifty years, therefore reducing the inventory of affordable housing units in Town. By purchasing
these units, they will remain affordable rental units as long as the Town wishes to retain
ownership. The Town also desires to only retain ownership of six units, therefore when a Town-
owned one-bedroom unit becomes vacant, staff at that time anticipates recommending the unit be
sold to the BMR homeownership program through the Marin Housing Authority.
FINANCIAL IMPACT
The Town's Low-Moderate Income Housing Fund is used to purchase BMR units. The resources
currently available in this fund total $1.3 million. Should the Council wish to purchase this unit,
the housing fund would be reduced by approximately $190,000. In return the Town's fixed assets
would increase by the same amount, for a net fiscal impact of zero. Annual rental income from
the unit is anticipated to be $15,300.
TOWN OF TIBURON PAGE 1 OF 2
RECOMMENDATION
Staff recommends that the Town Council:
1. Authorize the Town Manager to negotiate a contract to purchase the below market rate
unit at 4 Marsh Road;
2. Authorize a budget amendment in the amount of $190,000 for the purchase of 4 Marsh
Road from the Town's Low and Moderate Income Housing In-Lieu Fund; and
3. Adopt the draft Resolution authorizing the Town Manager to execute documents
related to the purchase of 4 Marsh Road, and the conveyance of the property.
Exhibits: Draft Resolution
Prepared By: Heidi Bigall, Director of Administrative Services
RESOLUTION NO. -2010
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
AUTHORIZING THE TOWN MANAGER TO ACCEPT CONVEYANCE
OF A CONDOMINIUM LOCATED AT 4 MARSH ROAD, TIBURON
ON BEHALF OF THE TOWN OF TIBURON
WHEREAS, on March 3, 2010, the Town Council of the Town of Tiburon
authorized the purchase and acquisition of a condominium unit located at 4 Marsh Road,
Tiburon, California; and
WHEREAS, state law provides that a deed conveying an interest in land shall not
be accepted for recordation without the consent of the Town evidenced by its certificate
or resolution of acceptance attached to or printed on the deed or grant; and
WHEREAS, the acceptance of the subject unit will benefit the residents of
Tiburon;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon that the Town Manager is authorized to execute all documents necessary to
acquire title to 4 Marsh Road, Tiburon, California, including, without limitation, a
certificate of the Town's consent to the conveyance.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on , 20109 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
' TOWN OF TIBURON
1505 Tiburon Boulevard
f;` f Tiburon, CA 94920
To: Mayor and Members of the Town Council
From: Office of the Town Attorney
Town Council Meeting
March 3, 2010
Agenda Item:
Subject: Recommendation to Resolution Approving a New Fee Schedule for Taxicab
Pernuil Applications
Reviewed By:
BACKGROUND
State law requires the Town to adopt an ordinance regulating taxicab operations. In 2005, the
Town adopted a new Chapter 11, title III of the Municipal Code, delegating permitting authority
to a County-wide Joint Powers Authority. Under Section 11-6, the Town Council must adopt the
permit fee schedule by resolution. The Joint Powers Authority, the Marin General Services
Agency ("MGSA"), has requested that all participating agencies approve a fee increase to cover
the costs of administering the program. Exhibit 1 includes the requested new fee schedule,
attached to a draft resolution of approval.
As explained in Exhibit 2, the MGSA has a two-tiered fee system, charging a higher rate for
applications filed after November 13, 2008. The new rate schedule will bring the "older"
permittees' fees closer to the fees of the most costly, newer permits over a three-year period.
MGSA staff predicts that the program's revenues will approximate costs after the last incremental
increase takes effect in 2012.
FINANCIAL IMPACT
There is no financial impact to the Town. Permit applicants will pay the fee increase.
STAFF RECOMMENDATION
Staff recommends that the Town Council:
Consider the information submitted by the MGSA and any public comment on the
proposed new fee schedule and adopt the proposed resolution.
Exhibits:
1. Draft Resolution Approving Fee Schedule
2. MGSA Agenda and related information Relating to Fee Increase
Prepared By: Ann R. Danforth, Town Attorney
TOWN OF TIBURON PAGE 1 OF 1
RESOLUTION No. XX-2010
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ADOPTING THE FEE SCHEDULE ESTABLISHED BY THE
MARIN GENERAL SERVICES AUTHORITY FOR TAXICAB
REGULATIONS
WHEREAS, the Town of Tiburon is a member of the Marin General Services Authority;
WHEREAS, the Town of Tiburon has delegated to the Marin General Services Authority
its authority under Government Code § 53075.5 to regulate the operation of taxi cabs on certain
specific issues;
WHEREAS, the Marin General Services Authority has established a fee schedule for
various taxi permits attached as Exhibit "A9'' .
WHEREAS, under its applicable ordinance, the fee schedule established by the Marin
General Services Authority shall be adopted by separate resolution of the Town Council;
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
hereby adopts by this Resolution the fee schedule established by the Marin General Services
Authority for taxicab regulation.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on March 3,
2010, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
RICHARD COLLINS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
MARIN GENERAL SERVICES AUTHORITY
TAXICAB REGULATION PROGRAM
RESOLUTION 2009 -10
WHEREAS, Government Code Sections 53075.5 requires local jurisdictions to protect the
public health, safety, and welfare by adopting an ordinance or resolution with regard to taxicab
Transportation; and
WHEREAS, the MGSA adopted a Taxicab Regulation Program in 2006; and
WHEREAS, the implementation of such regulation program requires that the MGSA adopt fees
that recoup the cost of issuance of required permits.
NOW THEREFORE, BE IT RESOLVED, that the Marin General Services Authority adopts
the following fee schedule for the Marin County Taxicab Regulation Program, which shall take
effect immediately:
For Company Applications filed prior to
For Company Applications
November 13, 2008
filed after November 13, 2008
Company Permit
$250 per five years
$1000 per one year
Fee
Driver Permit Fee
$100 per five ears
$100 per five years
Vehicle Permit Fee
Effective November 12, 2009 - $300 per
$1000 per one year
one year
Effective November 12, 2010 - $500 per
one year
Effective November 12, 2011 - $700 per
one year
- - - - -
Adopted this 12`h day of November 2009.
Ayes: Broad, Bush, Daniel, Rodericks, Thompson, and Sarnsapour
Noes: None
Absent: Nordhoff
Attested By:
Executive Officer
MARIN GENERAL SERVICES AUTHORITY
555 Northgate Drive, San Rafael, CA 94903
PHONE: (415) 448-0359
MEMORANDUM
DATE: November 12, 2009
TO: MGSA Board of Directors
FROM: Paul Berlant, Executive Officer
SUBJECT: AGENDA ITEM D: TAXICAB REGULATION PROGRAM UPDATE AND
DISCUSSION OF PERMIT FEES
Recommendation: Receive this update and review the current and proposed fee structures and
adopt a resolution increasing permit fees for taxicab vehicles.
Update: As of the end of October, we have issued permits to 11 taxicab companies using 16
"brand" names, 83 vehicles and 146 drivers. A list of permitted taxicab companies and drivers
has been posted on the MGSA web site and is kept current.
As reported in September, Jeff Rawles and I have placed considerable emphasis on enforcement
issues. On September 18, 2009, I issued our first Compliance Order under the revised Taxicab
Regulations. The alleged violations related to allowing drivers to operate company taxicabs
without having Driver Permits. The company was given until the end of September to bring all
of their drivers in to compliance with regulations and agree to comply in the future. The
company responded in a timely fashion, with about a dozen drivers submitting applications for
permits (although we have no way to verify this, we believe several of the new drivers signed up
as a result of the compliance order).
We continue to work with local police. On October 28th, Jeff Rawles and I attended a Marin
County Traffic Court hearing for a citation issued to a Novato taxi driver. The hearing was
postponed in order to hear a pre-trial motion by Novato Taxi as well as consolidate hearings on
all nine citations issued by the Novato Police to Novato Taxi Company drivers. The pre-trial
motion will be heard on December 17, 2009, after which the consolidated trial hearing will be
scheduled, should the pre-trial motion be denied. Novato Taxi is going to provide legal defense
for all the drivers.
Regulations: As of the end of October, six of the seven MGSA members that needed to adopt
resolutions confirming our latest amended Regulations have done so. The Compliance Order
referenced above used the new Section G approved by the Board at the May 2009 meeting.
Fees: The Board amended taxi regulation permit fees last November. Attached is the Board's
Resolution 2008-04 reflecting your action. The Board created a two-tiered system based on
Agendaltem_D_11-12-Taxi-Update.doc
~Yffi/~rT Z
when a taxi company initiated its permit application process, with the cutoff date for the "old"
being November 13, 2008. New applications filed after that date have been charged the higher
rate for company and vehicle fees (three taxicab companies and three vehicles). Driver fees were
not changed. The rationale for assessing costs still focuses on vehicles, since the number of
vehicles determines the number of driver permits, which in turn is where most MGSA costs are
incurred.
Attached is a worksheet reflecting the current fee structure, using the current number of taxi
companies, drivers and vehicles, and a proposed incremental increase of $200 for each of the
next three years for vehicles owned by "old" companies. The worksheet uses annualized fees for
permits that are good for multiple (five) years. Under the incremental fee increases, revenues
will approximate costs in 2012, assuming other revenue assumptions do not change. Should the
Board wish to implement this increase, a draft resolution is attached showing the rates used in
the worksheet. The permit fee increases would become effective December 1 of 2009, and on
December 1 of 2010 and 2011. I recommend that we look at the fee structure each year over this
period to track revenues versus costs.
This memorandum and worksheet have been sent to all taxicab companies in our roster.
Attachments
• MGSA Resolution 2008-04, amending fees in November 2008
• Fee Revenue Worksheet
• Draft resolution amending fees
Agendaltem_D_11-12-Taxi-Update.doc 2
MARIN GENERAL SERVICES AUTHORITY
TAXICAB REGULATION PROGRAM
RESOLUTION 2008 04
ATTACHMENT D-1
WHEREAS, Government Code Sections 53075.5 requires local jurisdictions to protect the
public health, safety, and welfare by adopting an ordinance or resolution with regard to taxicab
Transportation; and
WHEREAS, the MESA adopted a Taxicab Regulation Program in 2006; and
WHEREAS, the MGSA wishes to continue to review fees charged to taxicab companies that
started the permit application process prior to November 13, 2008; and
WHEREAS, the implementation of such regulation program requires that the MGSA adopt fees
that recoup the cost of issuance of required permits.
NOW THEREFORE, BE IT RESOLVED, that the Marin General Services Authority adopts
an amended fee schedule for the Marin County Taxicab Regulation Program, which shall take
effect immediately:
For Company Applications -filed For Company Applications filed
prior to November 13, 2008 after November 13, 2008
Company Permit Fee
$250 r five ears y $1000_l7one year
. _ _
Driver Permit Fee
$1.00 per five years $100-per
five ears
Vehicle Permit Fee _
.
$100 per one year $1000 per one year -
Adopted this 13th day of November 2008.
Ayes: Broad, Bush, Daniel, Thompson, Rodericks, Shamsapour
Noes: None
Absent: Nordhoff
Attested By:
Executive Officer
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ATTACHMENT D-3
MARIN GENERAL SERVICES AUTHORITY
TAXICAB REGULATION PROGRAM
RESOLUTION 2009 -
WHEREAS, Government Code Sections 53075.5 requires local jurisdictions to protect the
public health, safety, and welfare by adopting an ordinance or resolution with regard to taxicab
Transportation; and
WHEREAS, the MGSA adopted a Taxicab Regulation Program in 2006; and
WHEREAS, the implementation of such regulation program requires that the MGSA adopt fees
that recoup the cost of issuance of required permits.
NOW THEREFORE, BE IT RESOLVED, that the Marin General Services Authority adopts
the following fee schedule for the Marin County Taxicab Regulation Program, which shall take
effect immediately:
For Company Applications filed prior to
For Company Applications
November 13, 2008
filed after November 13, 2008
Company Permit
$250 per five years
$1000 per one year
Fee
Driver Permit Fee
$100 per five ears
$100 per five ears
Vehicle Permit Fee
Effective November 12, 2009 - $300 per
$1000 per one year
one year
Effective November 12, 2010 - $500 per
one year
Effective November 12, 2011 - $700 per
one year
Adopted this 12th day of November 2009.
Ayes:
Noes:
Absent:
Attested By:
Chair
Executive Officer
Attach D-3 11-12-Draft-ResoTaxiPermitFees 11-12-09.doc
Town Council Meeting
TOWN OF TIBURON
March 3, 2010
1505 Tiburon Boulevard
l6.',. Tiburon, CA 94920 Agenda Item: ~C---.
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Office of the Town Manager
Recommendation to Purchase 2010 Tax Revenue Anticipation Note from
Town of Fairfax, California in the amount of $500,000
This item requests authorization for the purchase of $500,000 in Town of Fairfax, California,
2010 Tax and Revenue Anticipation Notes.
In October of last year, the Town Council unanimously approved the purchase of a $500,000 Tax
Revenue Anticipation Note (IRAN) from the Town of Fairfax. The noted dated October 20,
2009 was secured by Fairfax's December 2009 property tax receipts, and carried an annual
interest rate of 4%. The note was repaid in full on December 21, 2009. In the original
transaction, an irrevocable Trustee account was established whereby the County of Marin
deposited 100% of Fairfax's property tax payment into the account and Tiburon was paid its
principal and interest first and the remaining funds then forwarded on to Fairfax. At the meeting
in October 2009 it was proposed that once the original TRAN was repaid, and the Town was
comfortable with the investment, another TRAN would be proposed under the same terms and
conditions and secured by Fairfax's April 2010 property tax receipts. Attached as Exhibit 1 is the
comprehensive Staff Report that was prepared for last October's TRAN purchase.
ANALYSIS
The proposed purchase of the Fairfax 2010 TRAN is allowable under the Town's investment
policy. As with the previous TRAN, the Town of Fairfax pledges its April 2010 property taxes
receivable as security for the note. The principal and interest owed shall constitute a first lien and
charge on the pledged revenues. The Town is currently receiving 0.75% or less on its various
investments.
Mark Pressman of Wulff Hansen has been retained by Fairfax as bond advisor and will be present
to respond to any questions.
FINANCIAL IMPACT
As proposed there is not financial cost to the Town in executing this investment. The funds for
this investment are currently held by the California Local Agency Investment Fund (LAIF). The
current effective monthly investment yield is 0.54%.
TOWN OF TIBURON PAGE 1 OF 2
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to approve a the draft Resolution Authorizing the purchase of the $500,000
Town of Fairfax 2010 Tax and Revenue Anticipation Note, NS
2. Authorize the Town Manager to execute the Exhibit Form Note Purchase Agreement.
Exhibits: 1. Staff Report dated October 7, 2009
2..Resolution Authorizing the purchase of the $500,000 Town of Fairfax 201 Tax and
Revenue Anticipation Note
A. Draft Resolution of the Town of Fairfax providing for the borrowing of Funds and the
issuance and sale of 2010 TRANs
B. Draft Form of Note
C. Draft Form Note Purchase Agreement - Tiburon to Fairfax
Prepared By: Heidi Bigall, Director of Administrative Services
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
October 7, 2009
Agenda Item: 41- VZ
Recommendation to Purchase 2009 Tax Revenue Anticipation Note from
Town of Fairfax, California in the amount of $500,000
This item requests authorization for the purchase of $500,000 in Town of Fairfax, California,
2009 Tax and Revenue Anticipation Notes.
The Town of Tiburon currently invests approximately $20 million in idle funds with the State of
California Local Agency Investment Fund (LAIF) and in Certificates of Deposit. Both
investments are currently paying less than 1 % per annum. The Town's Investment Policy
(Exhibit 1) provides guidelines for the prudent management of surplus funds in accordance with
California Government Code. The investment objectives of the policy, in order of priority are:
Safety, Liquidity and Yield. Management responsibility of the Town's investments is delegated
to the Town Manager and Director of Administrative Services. Among investment securities, the
policy allows the Town to invest in bonds, notes, warrants or other evidence of indebtedness of
any local agency of the State. In order to invest in a local agency, that agency must have a long
term credit rating of "A" or higher.
Recently, discussion ensued between the Town of Tiburon (Town) and the Town of Fairfax
(Fairfax) regarding the potential of the Town being the sole investor in Fairfax's 2009 Tax
Revenue Anticipation Note (TRANs) at an investment rate of 4% per annum. TRANs are a
widely used short-term debt issued by a qualified entity for the purpose of improving cash flow.
The note is secured with future revenues, such a property tax. Many agencies issue TRANs in
order to pay obligations during the "dry period" between property tax receipts in December and
April of each year.
Fairfax normally pools with other California agencies through the California Community TRANs
program. Fairfax intended to issue $1 million in TRANs through the program this year.
However, investor demand for the California Communities 2009 TRANs was extremely limited
this year, and California Communities was not successful in finding investors for the transaction.
Therefore, many local agencies were left to find other options to fund their individual TRANs.
n11A r^r L'n~r~nv .,rnn +n + 1+.....,..,,1, .~~~...........4..
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Town Staff recently met with the Town Treasurer and Council's Finance and Administration sub-
committee to vet the concept of financing Fairfax's 2009 TRANs. In order to proceed with a
potential investment, Staff was requested to verify that the Town would be in first position for
repayment and that a mechanism could be provided whereby the County of Marin would
irrevocably be directed to pay the Town its principal and interest directly from Fairfax's property
tax revenues. In order to limit the Town's exposure it was suggested that the Town invest
$500,000 with an option to extend the loan, rather than investing the $1 million Fairfax was
seeking through California Communities. An additional requirement was that all costs related to
a potential purchase be borne by Fairfax.
ANALYSIS
The Town of Fairfax has a long term Standard & Poor's rating of AA-, which is higher than the
Town's investment policy requires. Fairfax received approximately $2 million in secured
property taxes last fiscal year and the Marin County Tax Assessor's office confirms that Fairfax's
assessed property values increased by 1.8% for the 2009-10 property tax year. The Town's
potential loan represents 25% of Fairfax's projected secured property tax revenue for the current
fiscal year. It is worth mentioning that the County of Marin is on the Teeter plan whereby each
agency is paid its full property revenues despite any payment delinquencies. In return, the
County retains all fines and penalties associated with recovery of late property tax payments.
Staff has also investigated Fairfax's sales tax receipts, and given the recession, Fairfax has
experienced less volatility to this revenue stream than most Marin cities/towns. Fairfax does not
anticipate any significant adverse changes to any other revenue streams. The attached Exhibit
No. 2 is a disclosure questionnaire that Fairfax was required to complete as part of the California
Communities 2009 TRANS Program. Though the questionnaire is completed by Fairfax staff, it
does indicate there are no "red flags" that would indicate any potential reason why Fairfax would
default on any debt obligation in the immediate future.
As proposed, the Town of Tiburon would purchase the Town of Fairfax 2009 Tax and Revenue
Anticipation Note in the amount of $500,000. The note shall be dated October 20, 2009 and will
mature no later than December 22, 2009. The note shall carry interest at 4% per annum. As
security for the loan, Fairfax pledges its December 2009 property taxes receivable as security for
the note. The principal and interest owed shall constitute a first lien and charge on the pledged
revenues. Fairfax will irrevocably direct the Marin County Auditor/Controller to repay the Town
all principal and interest directly from Fairfax's property tax remittance via a trustee account held
by the Bank of America in the Town of Tiburon's name. Fairfax has also agreed to repay the
Town for any costs associated with the execution of the purchase agreement, which is anticipated
to be approximately $750.
Although this proposed investment is a deviation from the Town's historical practice, it is
allowable under our Investment Policy. This purchase of Fairfax's TRANs does carry slightly
greater risk than the Town's normal investments, but Staff believes those additional risks have
been addressed and significantly minimized by receipt of bond counsel's opinion (Exhibit 3) that
Fairfax has not made any prior pledges of this collateral and that the Town will have a valid and
enforceable security interest. This is further strengthened by Fairfax irrevocably directing the
County of Marin to repay the principal and interest due directly to Tiburon from Fairfax's
December 2009 property tax revenue via a the trustee account with the Bank of America.
L1 Ell. 1l
It is anticipated that once the Town has been repaid and feels comfortable with this investment
vehicle, the matter would come again before the Council in January to purchase another $500,000
note that would be repaid from Fairfax's April 2010 property tax receipts.
Staff considers this proposed investment a win-win for both the Town and Fairfax. The Town
receives a very attractive investment return on a short-term, secured loan, while Fairfax is
provided a more manageable cash flow. The Town would be assisting a neighboring community
and benefiting from the transaction. The California budget crisis has impacted so many agencies
in different ways; this inter-agency cooperation appears to be a very workable approach for both
lender and borrower and may represent a model for future, similar transactions.
Fairfax has retained Mark Pressman of Wulff Hansen as bond advisor. Mr. Pressman will be
available at the meeting to respond to any potential questions.
FINANCIAL IMPACT
As proposed, there is no financial cost to the Town in executing this investment. The funds for
this investment are currently held with LAIF. The effective monthly investment yield for
September has not been verified, but will be somewhere between 0.8 - 0.75%. Based on a
$500,000, 60 day note bearing interest of 4% per annum versus the same investment in LAIF at
0.75°/x, the Town would realize an increased investment return of approximately $2,700.
RECOMMENDATION
Staff recommends that the Town Council:
1. Move to approve the draft Resolution Authorizing the Purchase of the $500,000 Town
of Fairfax (Mann County, California) 2009 Tax and Revenue Anticipation Note.
2. Authorize the Town Manager to execute the Exhibit Form Note Purchase Agreement.
Exhibits: 1. Town of Tiburon Investment Policy
2. Fairfax Disclosure Questionnaire
3. Letter from Bond Counsel opining that Fairfax has not made any prior
pledges of the collateralized property taxes and that Tiburon will have a
valid and enforceable security interest.
4. Resolution Authorizing the Purchase of the $500,000 Town of Fairfax,
Marin County, California, 2009 Tax and Revenue Anticipation Note with
the following exhibits:
a. Draft Resolution of the Town of Fairfax Providing for the
borrowing of Funds and the issuance and sale of 2009 TRANS
b. Draft Form of Note
c. Draft Form Note Purchase Agreement - Tiburon to Fairfax
Prepared By: Heidi Bigall, Director of Administrative Services
Quint & Thimmig LLP
TOWN OF TIBURON
RESOLUTION NO.
RESOLUTION AUTHORIZING THE PURCHASE OF THE
$500,000 TOWN OF FAIRFAX (MARIN COUNTY, CALIFORNIA)
2010 TAX AND REVENUE ANTICIPATION NOTE
RESOLVED, by the Town Council of the Town of Tiburon (the "Town")
02/24/10
WHEREAS, the Town of Fairfax ("Fairfax") has found and determined that moneys are
needed for the requirements of Fairfax to satisfy obligations payable from the general fund of
Fairfax and that it is necessary that said sum be borrowed for such purpose at this time by the
issuance of temporary notes therefor in anticipation of the receipt of taxes, revenue and other
moneys to be received by Fairfax for its general fund during or allocable to the fiscal year of
Fairfax beginning July 1, 2009, and ending June 30, 2010;
WHEREAS, the Town has agreed to purchase a short-term note of Fairfax (the "Note")
on a private placement basis and the Town desires to authorize the purchase of the Note;
WHEREAS, the Note will be issued by Fairfax, will be payable at the rate of 4% per
annum and will be secured pursuant to a resolution adopted by the Town Council of Fairfax,
substantially in the form attached hereto as Exhibit A, specifically providing that the payment
of the principal of the Note and the interest thereon will be made by Fairfax from the property
tax revenues to be paid to Fairfax in April 2010, and that the Marin County Treasurer-Tax
Collector will be irrevocably directed to transfer such principal and interest to a special escrow
account at Bank of America in Fairfax, California (the "Escrow Bank"), all property tax revenues
owed to Fairfax in April 2010, and the Escrow Bank will be irrevocably directed to transfer to
the Town on the maturity date of the Note, the total principal amount of the Note, plus interest
accrued thereon to such date, and the Escrow Bank will be directed to transfer the remaining
amounts of property tax revenues to Fairfax only after the Town shall have been paid in full ;
and
NOW THEREFORE, it is hereby DETERMINED AND ORDERED as follows:
Section 1. Sale of Note. The Town hereby agrees to purchase the Note from Fairfax at a
purchase price equal to the principal amount thereof. The Mayor, the Town Manager and the
Finance Director are each hereby individually authorized and directed, for and in the name and
on behalf of the Town, to purchase the Note from Fairfax and to execute and deliver a Note
Purchase Agreement in substantially the form thereof attached hereto as Exhibit B, together
with any additions thereto or changes therein deemed necessary or advisable by the Mayor, the
Town Manager or the Finance Director, subject to the terms and conditions of the Note
Purchase Agreement. Approval of any additions or changes in such form of Note Purchase
Agreement and compliance with the conditions precedent to the execution of the Note Purchase
Agreement by the Mayor, the Town Manager or the Finance Director shall be conclusively
evidenced by execution and delivery of the Note Purchase Agreement.
Section 2. Effective Date. This Resolution shall take effect upon its adoption by this
Council.
Passed, approved and adopted this 3rd day of March, 2010.
Mayor of the Town of Tiburon
ATTEST:
Town Clerk
I, the undersigned Town Clerk of the Town of Tiburon, hereby certify that the foregoing
is a. full, true and correct copy of a resolution duly adopted by the Town Council of the Town at
a meeting thereof on the 3rd day of March, 2010, by the following vote of the members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
Town Clerk
-2-
EXHIBIT A
FORM OF RESOLUTION TO BE ADOPTED BY FAIRFAX
TOWN OF FAIRFAX
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE BORROWING OF FUNDS FOR FISCAL
YEAR 2009-2010 AND THE ISSUANCE AND SALE OF A 2010 TAX AND REVENUE
ANTICIPATION NOTE THEREFOR
RESOLVED, by the Town Council of the Town of Fairfax (the "Town")
WHEREAS, pursuant to Article 7.6 (commencing with section 53850) of Chapter 4 of Part 1 of
Division 2 of Title 5 of the California Government Code (the "Law"), this Town Council (the "Council")
has found and determined that moneys are needed for the requirements of the Town, a public body duly
organized and existing under the laws of the State of California, to satisfy obligations payable from the
general fund of the Town (the "General Fund"), and that it is necessary that said sum be borrowed for
such purpose at this time by the issuance of temporary notes therefor in anticipation of the receipt of
taxes, revenue and other moneys to be received by the Town for the General Fund during or allocable to
the fiscal year of the Town beginning July 1, 2009, and ending June 30, 2010 ("Fiscal Year 2009-2010");
WHEREAS, the Town of Tiburon ("Tiburon") has agreed to purchase a short-term note of the
Town on a private placement basis and the Town desires to authorize the sale of such short-term note to
Tiburon; and
WHEREAS, a form of note purchase agreement (the "Note Purchase Agreement") has been
prepared relating to the sale of a note for the Town;
NOW THEREFORE, it is hereby DETERMINED AND ORDERED as follows:
Section 1. Limitation on Maximum Amount. The principal amount of the note issued pursuant
hereto, when added to the interest payable thereon, shall not exceed eighty-five percent (85%) of the
estimated amount of the uncollected taxes, revenue and other moneys of the Town for the General Fund
attributable to Fiscal Year 2009-2010, and available for the payment of said note and the interest thereon
(as hereinafter provided).
Section 2. Authorization and Terms of Note. Solely for the purpose of anticipating taxes, revenue
and other moneys to be received by the Town for the General Fund allocable to Fiscal Year 2009-2010,
and specifically with respect to the property tax revenue to be received by the Town in April 2010, and
not pursuant to any common plan of financing, the Town hereby determines to and shall borrow the
principal amount of not to exceed five hundred thousand dollars ($500,000) by the issuance of a
temporary note under the Law, designated "Town of Fairfax (Marin County, California) 2010 Tax and
Revenue Anticipation Note" (the "Note"). The Note shall be dated as of its date of delivery, shall mature,
on or before April 23, 2010, and shall bear interest, payable at maturity, and computed on a 30-day
month/360-day year basis, at 4% per annum. Both the principal of and interest on the Note shall be
payable in lawful money of the United States of America, as described below.
Exhibit A
Page 1
Section 3. Form of Note. The Note shall be issued in fully registered form, without coupons, and
shall be substantially in the form and substance set forth in Exhibit A attached hereto and by reference
incorporated herein. The Note shall be issued in fully registered form, registered to Tiburon.
Section 4. Use of Proceeds. The moneys so borrowed shall be deposited in a segregated account in
the General Fund to be withdrawn, used and expended by the Town for any purpose for which it is
authorized to expend funds from the General Fund including, but not limited to, current expenses,
capital expenditures and the discharge of any obligation or indebtedness of the Town.
Section 5. Securi . The principal amount of the Note, together with the interest thereon, shall be
payable from taxes, revenue and other moneys which are received by the Town allocable to the General
Fund for the Fiscal Year 2009-2010. As security for the payment of the principal of and interest on the
Note, the Town, hereby pledges all property tax revenues receivable by the Town in April 2010 (such
pledged amounts being hereinafter called the "Pledged Revenues"). Pursuant to section 5451 of the
California Government Code, the Pledged Revenues shall immediately be subject to the pledge, and the
pledge shall constitute a lien and security interest which shall immediately attach to the Pledged
Revenues and be effective, binding, and enforceable against the Town, its successors, purchasers of the
Pledged Revenues, creditors, and all others asserting the rights therein, to the extent set forth, and in
accordance with, this Resolution irrespective of whether those parties have notice of the pledge and
without the need for any physical delivery, recordation, filing, or further act. No prior pledge of such
revenues has been made by the Town to secure any other borrowing and no such pledge will be made
prior to the full payment of the Note. To the extent not so paid from the Pledged Revenues, the Note shall
be paid from any other moneys of the Town lawfully available therefor. In the event that there are
insufficient unrestricted moneys received by the Town to permit the repayment of the Note from such
property tax revenues, then the amount of any deficiency shall be satisfied and made up from any other
moneys of the Town lawfully available for the repayment of the Note and interest thereon.
Section 6. Repayment. The Town will irrevocably direct the Marin County Treasurer-Tax
Collector to transfer to a special escrow account at Bank of America in Fairfax, California (the "Escrow
Bank"), all property tax revenues owed to the Town in April 2010, and the Escrow Bank will be
irrevocably directed to transfer to Tiburon, on the maturity date of the Note, the total principal amount of
the Notes, plus interest accrued thereon to such date The Escrow Bank will be directed to transfer the
remaining amounts of property tax revenues to the Town only after Tiburon shall have been paid in full.
Section 7. Execution of Note. The Note shall be executed in the name of the Town, with the
manual or facsimile signature of the Mayor, the Town Manager or the Finance Director and the manual
or facsimile counter-signature of the Town Clerk (although at least one of such signatures shall be
manual), and said officers are hereby authorized to cause the blank spaces thereof to be filled in as may
be appropriate.
Section 8. No Transfer or Exchange of Note. The Note is not subject to transfer or exchange.
Section 9. Covenants and Warranties. It is hereby covenanted and warranted by the Town that all
representations and recitals contained in this Resolution are true and correct, and that the Town has
reviewed all proceedings heretofore taken relative to the authorization of the Note and has found, as a
result of such review, and hereby finds and determines that all acts, conditions and things required by
law to exist, happen and be performed precedent to and in the issuance of the Note have existed,
happened and been performed in due time, form and manner as required by law, and the Town is duly
authorized to issue the Note and incur indebtedness in the manner and upon the terms provided in this
Resolution. The Town has duly taken all proceedings necessary to be taken, and will take any additional
proceedings necessary to be taken, for the prompt collection and enforcement of the taxes, revenue, cash
Exhibit A
Page 2
receipts and other moneys pledged hereunder in accordance with law and for carrying out the provisions
of this Resolution.
Section 10. Sale of Note. The Note shall be sold to Tiburon at a purchase price equal to the
principal amount thereof. The Mayor, the Town Manager and the Finance Director are each hereby
individually authorized and directed, for and in the name and on behalf of the Town, to sell the Note to
Tiburon and to execute and deliver a Note Purchase Agreement in substantially the form thereof on file
with the Town Clerk, together with any additions thereto or changes therein deemed necessary or
advisable by the Mayor, the Town Manager or the Finance Director, subject to the terms and conditions of
the Note Purchase Agreement. Approval of any additions or changes in such form of Note Purchase
Agreement and compliance with the conditions precedent to the execution of the Note Purchase
Agreement by the Mayor, the Town Manager or the Finance Director shall be conclusively evidenced by
execution and delivery of the Note Purchase Agreement.
Section 11. Preparation of the Note; Execution of Closing Documents. Quint & Thimmig LLP, as
bond counsel to the Town, is directed to cause a suitable Note to be prepared showing on its face that the
same bears interest at the rate aforesaid, and to cause the blank spaces therein to be filled in to comply
with the provisions of this Resolution in accordance with the Note Purchase Agreement, and to procure
its execution by the proper officers, and to cause the Note to be delivered when so executed to Tiburon
upon the receipt of the purchase price by the Town, in accordance with the Note Purchase Agreement.
The Mayor, the Town Manager and the Finance Director, or any of them, are further authorized
and directed to make, execute and deliver to Tiburon (a) a certificate in the form customarily required by
purchasers of bonds of public corporations generally, certifying to the genuineness and due execution of
the Note, and (b) a receipt in similar form evidencing the payment of the purchase price of the Note
which receipt shall be conclusive evidence that said purchase price of the Note has been paid and has
been received on behalf of the Town. Such officers and any other officers of the Town are hereby
authorized to execute any and all other documents required to consummate the sale and delivery of the
Note.
Section 12. Effective Date. This Resolution shall take effect upon its adoption by this Council.
Passed, approved and adopted this 3rd day of February 2010.
ATTEST:
Mayor of the Town of Fairfax
Town Clerk
Exhibit A
Page 3
I, the undersigned Town Clerk of the Town of Fairfax, hereby certify that the foregoing is a full,
true and correct copy of a resolution duly adopted by the Town Council of the Town at a meeting thereof
on the 3rd day of February, 2010, by the following vote of the members thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
Town Clerk
Exhibit A
Page 4
EXHIBIT A
FORM OF NOTE
TOWN OF FAIRFAX
(Marin County, California)
2010 TAX AND REVENUE ANTICIPATION NOTE
INTEREST RATE:
MATURITY DATE:
ISSUE DATE:
4%
Aril 23, 2010
March 5, 2010
REGISTERED OWNER: TOWN OF TIBURON, CALIFORNIA
PRINCIPAL SUM: FIVE HUNDRED THOUSAND DOLLARS
The TOWN OF FAIRFAX, Marin County, State of California (the "Town"), acknowledges itself
indebted, and promises to pay, to the Registered Owner stated above (the "Owner"), on the Maturity
Date stated above, the Principal Sum stated above, in lawful money of the United States of America, and
to pay interest hereon in like lawful money at the rate per annum stated above, calculated on the basis of
360-day year composed of twelve 30-day months. The principal of and interest on this Note shall be
payable at maturity to the Owner.
It is hereby certified, recited and declared that this Note, in the aggregate principal amount of
five hundred thousand dollars ($500,000), issued pursuant to the provisions of a resolution of the Town
Council of the Town entitled "A RESOLUTION PROVIDING FOR THE BORROWING OF FUNDS FOR
FISCAL YEAR 2009-2010 AND THE ISSUANCE AND SALE OF A 2010 TAX AND REVENUE
ANTICIPATION NOTE THEREFOR," duly passed and adopted on February 3, 2010 (the "Resolution"),
and pursuant to Article 7.6 (commencing with section 53850) of Chapter 4, Part 1, Division 2, Title 5, of
the California Government Code, and that all things, conditions and acts required to exist, happen and be
performed precedent to and in the issuance of this Note exist, have happened and have been performed
in regular and due time, form and manner as required by law, and that this Note, together with all other
indebtedness and obligations of the Town, does not exceed any limit prescribed by the constitution or
statutes of the State of California.
The principal amount of this Note, together with the interest hereon, shall be payable from taxes,
revenue and other moneys which are received by the Town for the Fiscal Year 2009-2010, and specifically
with respect to the property tax revenue to be received by the Town in April 2010. As security for the
payment of the principal of and interest on this Note, the Town, has pledged all property tax revenues
receivable by the Town in April 2010 (such pledged amounts being hereinafter called the "Pledged
Revenues"). The principal of this Note and the interest hereon shall constitute a first lien and charge
thereon and shall be paid from the Pledged Revenues. To the extent not so paid from the Pledged
Revenues, this Note shall be paid from any other moneys of the Town lawfully available therefor. In the
event that there are insufficient unrestricted moneys received by the Town to permit the repayment of
this Note from such property tax revenues, then the amount of any deficiency shall be satisfied and made
up from any other moneys of the Town lawfully available for the repayment of this Note and interest
hereon. The Town has irrevocably directed the Marin County Treasurer-Tax Collector to transfer to a
special escrow account at Bank of America in Fairfax, California (the "Escrow Bank"), all property tax
revenues owed to the Town in April 2010, and the Escrow Bank has been irrevocably directed to transfer
Exhibit A
Page 5
to the Owner, on the maturity date of the Note, the total principal amount of the Note, plus interest
accrued thereon to such date. The Escrow Bank has been directed to transfer the remaining amounts of
property tax revenues to the Town only after the Owner shall have been paid in full.
This Note is issuable as a registered note, without coupons, in the total principal amount thereof.
This Note is not subject to exchange or transfer.
The Town may treat the Owner hereof as the absolute owner hereof for all purposes, and the
Town shall not be affected by any notice to the contrary.
IN WITNESS WHEREOF, the Town of Fairfax has caused this Note to be issued in the name of
the Town and to be executed by the manual signature of the Mayor and countersigned by the facsimile
signature of the Town Clerk, all as of the Issue Date stated above.
Countersigned:
By
TOWN OF FAIRFAX
Mayor
Town Clerk
Exhibit A
Page 6
EXHIBIT B
FORM NOTE PURCHASE AGREEMENT
Town Council
Town of Fairfax
142 Bolinas Road
Fairfax, California 94930
Councilmembers:
The undersigned Town of Tiburon, California (the "Tiburon") offers to enter into this agreement
with the Town of Fairfax (the "Town"), which, upon your acceptance hereof, will be binding upon the
Town and Tiburon. This offer is made subject to the acceptance of the Note Purchase Agreement by the
Town and written delivery of such acceptance to Tiburon at or prior to 11:59 P.M., Pacific Time, on the
date hereof.
1. Purchase and Sale of the Note. Upon the terms and conditions and in reliance upon the
representations, warranties and agreements herein set forth, Tiburon hereby agrees to purchase from the
Town, and the Town hereby agrees to sell to Tiburon for such purpose, the Town's $500,000 2010 Tax and
Revenue Anticipation Note (the "Note").
The Note shall be dated March 5, 2010, shall bear interest at a rate of 4% per annum, and shall
mature on April 23, 2010 (or such earlier date as moneys for the prepayment of the Note shall be available
to the Town). The purchase price to be paid by Tiburon for the Note shall be $500,000, representing the
principal amount of the Note.
2. The Note. The Note shall be described in, and shall be issued and secured pursuant to the
provisions of the Resolution of the Town Council of the Town, adopted February 3, 2010 (the
"Resolution"), and Article 7.6, Chapter 4, Part 1, Division 2, Title 5 (commencing with section 53850) of
the California Government Code (the "Act").
3. Private Placement; Note Constitute Investment of Tiburon; No Transfer or Exchange.
(a) Tiburon has sufficient knowledge and experience in financial and business matters, including
purchase and ownership of obligations of a nature similar to the Note to be able to evaluate the risks and
merits of the investment represented by the purchase of the Note.
(b) Tiburon is acquiring the Note for its own account and not with a view to, or for sale in
connection with, any distribution of the Note or any part thereof. Tiburon has not offered to sell, solicited
offers to buy, or agreed to sell the Note or any part thereof, and Tiburon has no intention of reselling or
otherwise disposing of the Note.
(c) Tiburon acknowledges that the Note is not assignable, exchangeable or transferable.
(d) Tiburon has made his own credit inquiry and analysis with respect to the Town and the Note
and has made an independent credit decision based upon such inquiry and analysis. The Town has
furnished to Tiburon all the information which Tiburon, as a reasonable investor, has requested of the
Town as a result of Tiburon having attached significance thereto in making its investment decision with
respect to the Note, and Tiburon has had the opportunity to ask questions of and receive answers from
Exhibit B
Page 1
knowledgeable individuals concerning the Town and the Note. Tiburon is able and willing to bear the
economic risk of the purchase and ownership of the Note.
(e) Tiburon understands that the Note has not been registered with any federal or state securities
agency or commission.
4. Closing. At 9:00 A.M., Pacific Time, on March 5, 2010, or such other time or such other date as
shall have been mutually agreed upon by the Town and Tiburon (the "Closing"), the Town will deliver to
Tiburon, the Note in definitive form, duly executed, together with other documents hereinafter
mentioned; and Tiburon will accept such delivery and pay the purchase price thereof in immediately
available funds to the Town.
The Note will be issued in the form of a single fully registered note, registered in the name of
Tiburon.
The Town has irrevocably directed the Marin County Treasurer-Tax Collector to transfer to a
special escrow account at Bank of America in Fairfax, California (the "Escrow Bank"), all property tax
revenues owed to the Town in April 2010, and the Escrow Bank has been irrevocably directed to transfer
to the Owner, on the maturity date of the Note, the total principal amount of the Note, plus interest
accrued thereon to such date. The Escrow Bank has been directed to transfer the remaining amounts of
property tax revenues to the Town only after the Owner shall have been paid in full.
5. Representations, Warranties and Agreements of the Town. The Town hereby represents,
warrants and agrees with Tiburon that:
(a) The Town is a municipal corporation and general law city organized and validly existing
under the laws of the State of California, with the power to issue the Note pursuant to the Act.
(b) At or prior to the Closing, (i) the Town will have taken all action required to be taken by it to
authorize the issuance and delivery of the Note; (ii) the Town has full legal right, power and authority to
enter into this Note Purchase Agreement and to adopt the Resolution, and the Town has full legal right,
power and authority to perform its obligations under each such document or instrument, and to carry out
and effectuate the transaction contemplated by this Note Purchase Agreement and the Resolution; (iii) the
execution and delivery or adoption of, and the performance by the Town of the obligations contained in
the Note, the Resolution and this Note Purchase Agreement have been duly authorized and such
authorization shall be in full force and effect at the time of the Closing; (iv) this Note Purchase Agreement
constitutes a valid and legally binding obligation of the Town; and (v) the Town has authorized the
consummation by it of all transactions contemplated by this Note Purchase Agreement.
(c) No consent, approval, authorization, order, filing, registration, qualification, election or
referendum, of or by any person, organization, court or government agency or public body whatsoever is
required in connection with the issuance, delivery or sale of the Note or the consummation of the other
transactions effected or contemplated herein or hereby.
(d) The issuance of the Note, the execution, delivery and performance of this Note Purchase
Agreement, the Resolution and the Note, and compliance with the provisions hereof do not conflict with
or constitute on the part of the Town a violation of or default under, the Constitution of the State of
California or any other existing law, charter, ordinance, regulation, decree order or resolution and do not
conflict with or result in a violation or breach of, or constitute a default under, any agreement, indenture,
mortgage, lease or other instrument to which the Town is a party or by which it is bound or to which it is
subject.
Exhibit B
Page 2
(e) To the best of the Town's knowledge, no action, suit, proceeding, hearing or investigation is
pending or (to the knowledge of the Town) threatened against the Town: (i) in any way affecting the
existence of the Town or in any way challenging the respective powers of the several offices of the titles of
the officials of the Town to such offices; or (ii) seek to restrain or enjoin the sale, issuance or delivery of
the Note, the application of the proceeds of the sale of the Note, or the collection of the revenue or assets
of the Town pledged or available to pay the principal and interest on the Note, or the Pledge thereof, or in
any way contesting or affecting the validity or enforceability of the Note, this Note Purchase Agreement
or the Resolution or contesting the powers of the Town or its authority with respect to the Note, the
Resolution or this Note Purchase Agreement; or (iii) in which a final adverse decision could (a) materially
adversely affect the operations of the Town or the consummation of the transactions contemplated by this
Note Purchase Agreement and the Resolution, or (b) declare this Note Purchase Agreement to be invalid
or unenforceable in whole or in material part.
(f) Between the date hereof and the date of the Closing, the Town has not, without prior written
consent of Tiburon, borrowed any additional moneys.
(g) Between the date of the Closing and the maturity date of the Note, the Town will not, without
prior written consent of Tiburon, borrow any additional moneys secured by the same source of funds for
the security of the Note.
(h) Any certificates signed by any officer of the Town and delivered to Tiburon shall be deemed a
representation and warranty by the Town, as the case may be, to Tiburon as to the statements made
therein but not of the person signing the same.
6. Conditions to Closing. Tiburon has entered into this Note Purchase Agreement in reliance
upon the representations and warranties of the Town contained herein and the performance by the Town
of its obligations hereunder, both as of the date hereof and as of the date of Closing. Tiburon's obligations
under this Note Purchase Agreement are and shall be subject, at the option of Tiburon, to the following
further conditions at the Closing:
(a) The representations and warranties of the Town contained herein shall be true, complete and
correct in all material respects as of the date hereof and as of the date of Closing, as if made at and as of
the Closing, and the statements made in all certificates and other documents delivered to Tiburon at the
Closing pursuant hereto shall be true, complete and correct in all material respects on the date of the
Closing; and the Town shall be in compliance with each of the agreements made by it in this Note
Purchase Agreement.
(b) At the time of the Closing, (i) this Note Purchase Agreement and the Resolution shall be in
full force and effect and shall not have been amended, modified or supplemented except as may have
been agreed to in writing by Tiburon; (ii) all actions under the Act which, in the opinion of the firm of
Quint & Thimmig LLP, bond counsel ("Bond Counsel"), shall be necessary in connection with the
transactions contemplated hereby, shall have been duly taken and shall be in full force and effect, and,
(iii) the Town shall perform or have performed all of their obligations required under or specified in the
Resolution or the Note Purchase Agreement to be performed at or prior to the Closing.
(c) No decision, ruling or finding shall have been entered by any court or governmental authority
since the date of this Note Purchase Agreement (and not reversed on appeal or otherwise set aside), or to
the best knowledge of the Town, pending or threatened.
(d) No order, decree or injunction of any court of competent jurisdiction, nor any order, ruling or
regulation of the Securities and Exchange Commission, shall have been issued or made with the purpose
or effect of prohibiting the issuance, offering or sale of the Note as contemplated hereby and no
Exhibit B
Page 3
legislation shall have enacted, or a bill favorably reported for adoption, or a decision by a court
established under Article III of the Constitution of the United States rendered, or a ruling, regulation,
proposed regulation or official statement by or on behalf of the Securities and Exchange Commission or
other governmental agency having jurisdiction of the subject matter shall be made or issued, to the effect
that the Note or any securities of the Town or of any similar body of the type contemplated herein are not
exempt from the registration, qualification or other requirements of the Securities Act of 1933, as
amended and as then in effect, or the Trustee Indenture Act of 1939, as amended and as then in effect.
(e) At or prior to the date of the Closing, Tiburon shall receive one copy of the following
documents in each case dated as of the Closing Date and satisfactory in form and substance to Tiburon:
(1) An approving opinion of Bond Counsel, as to the Note, addressed to the Town.
(2) A letter setting forth that Tiburon can rely upon the approving opinion of Bond
Counsel.
(3) A certificate signed by appropriate officials of the Town to the effect that there is no
action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or
public body, pending, or to his or her knowledge, threatened against the Town (but in lieu of or
in conjunction with such certification Tiburon may, at its sole discretion, accept certificates,
opinions of counsel to the Town or Bond Counsel, that in their opinion the issues raised in any
such pending or threatened litigation are without substance and that the contentions of all
plaintiffs therein are without merit).
(4) A certificate signed by appropriate officials of the Town to the effect that (i) the
representation, agreements and warranties of the Town herein are true and correct in all material
respects as of the date of Closing; and (ii) the Town has complied with all the terms of the
Resolution and this Note Purchase Agreement to be complied with by the Closing and such
documents are in full force and effect.
(5) A certificate, together with fully executed copies of the Resolution, of the Town Clerk
to the effect that (i) such copies are true and correct copies of the Resolution; and (ii) that the
Resolution was duly adopted and has not been modified, amended, rescinded or revoked and is
in full force and effect on the date of the Closing.
(6) Such additional legal opinion, certificates, proceedings, instruments and other
documents as Tiburon may reasonably request to evidence compliance (i) by the Town with legal
requirements; (ii) the truth and accuracy, as of the time of Closing, of the representations of the
Town herein contained; and, (iii) the due performance or satisfaction by the Town at or prior to
such time of all agreements then to be performed and all conditions then to be satisfied by the
Town.
If the Town shall be unable to reasonably satisfy the conditions requested by Tiburon to evidence
compliance with the terms and conditions set forth in this Note Purchase Agreement, Tiburon 's
obligations for the purchase of the Note shall be terminated for any reason permitted by this Note
Purchase Agreement, and this Note Purchase Agreement may be canceled by Tiburon at, or at any time
prior to, the time of Closing. Notice of such cancellation shall be given to the Town in writing, or by
telephone or telegraph confirmed in writing. Notwithstanding any provision herein to the contrary, the
performance and any and all obligations of the Town hereunder and the performance of any and all
conditions contained herein for the benefit of Tiburon may be waived by Tiburon in writing at its sole
discretion.
Exhibit B
Page 4
7. Conditions to Obligations of the Town. The performance by the Town of its obligations is
conditioned upon (i) the performance by Tiburon of its obligations hereunder; and (ii) receipt by the
Town and Tiburon of opinions and certificates being delivered at the Closing by persons and entities
other than the Town.
8. Expenses. The Town shall pay the expenses incident to the performance of its obligations
hereunder from the proceeds of the Note (or from any other source of available funds of the Town) which
expenses include and are limited to: (i) the cost of the preparation and reproduction of the Resolution; (ii)
the fees and disbursements of Bond Counsel, (iii) the fees and expenses of Wulff, Hansen & Co., as
financial advisor to the Town in connection with the issuance of the Note, (iv) the fees and disbursements
of any other advisors or consultants retained by the Town in connection with the issuance of the Note,
and (v) any other fees and expenses required in connection with the issuance of the Note.
All costs or expenses incurred by Tiburon as a result of nonpayment or other default by the Town
shall be borne by the Town.
All other costs and expenses incurred by Tiburon as a result of or in connection with the purchase
of the Note shall be borne by Tiburon.
9. Notices. Any notice or other communication to be given under this Note Purchase Agreement
(other than the acceptance hereof as specified in the first paragraph hereof) may be given by delivering
the same in writing if to the Town, to the Finance Director, Town of Fairfax, 142 Bolinas Road, Fairfax,
CA 94930, or if to Tiburon to the Finance Director, Town of Tiburon, 1505 Tiburon Boulevard, Tiburon,
CA 94920.
10. Parties in Interest; Survival of Representations and Warranties. This Note Purchase
Agreement when accepted by the Town in writing as heretofore specified shall constitute the entire
agreement between the Town and Tiburon. This Note Purchase Agreement is made solely for the benefit
of the Town and Tiburon (including the successors or assigns of Tiburon). No person shall acquire or
have any rights hereunder or by virtue hereof. All the representations, warranties and agreements of the
Town in this Note Purchase Agreement shall survive regardless of (a) any investigation or any statement
in respect thereof made by or on behalf of Tiburon, (b) delivery of and payment by Tiburon for the Note
hereunder, and (c) any termination of this Note Purchase Agreement.
11. Execution in Counterparts. This Note Purchase Agreement may be executed in several
counterparts each of which shall be regarded as an original of all of which shall constitute one and the
same document.
Exhibit B
Page 5
12. Applicable Law. This Note Purchase Agreement shall be interpreted, governed and enforced
in accordance with the law of the State of California.
The foregoing is hereby agreed to and accepted
as of the date first written above:
TOWN OF FAIRFAX
By
Finance Director
Very truly yours,
TOWN OF TIBURON, as Purchaser
By
Finance Director
Exhibit B
Page 6
Quint & Thimmig LLP1
TOWN OF FAIRFAX
RESOLUTION NO.
RESOLUTION PROVIDING FOR THE BORROWING OF FUNDS
FOR FISCAL YEAR 2009-2010 AND THE ISSUANCE AND SALE OF A
2010 TAX AND REVENUE ANTICIPATION NOTE THEREFOR
RESOLVED, by the Town Council of the Town of Fairfax (the "Town')
01/22/10
WHEREAS, pursuant to Article 7.6 (commencing with section 53850) of Chapter 4 of
Part 1 of Division 2 of Title 5 of the California Government Code (the "Law"), this Town
Council (the "Council") has found and determined that moneys are needed for the
requirements of the Town, a public body duly organized and existing under the laws of the
State of California, to satisfy obligations payable from the general fund of the Town (the
"General Fund"), and that it is necessary that said sum be borrowed for such purpose at this
time by the issuance of temporary notes therefor in anticipation of the receipt of taxes, revenue
and other moneys to be received by the Town for the General Fund during or allocable to the
fiscal year of the Town beginning July 1, 2009, and ending June 30, 2010 ("Fiscal Year 2009-
2010");
WHEREAS, the Town of Tiburon ("Tiburon") has agreed to purchase a short-term note
of the Town on a private placement basis and the Town desires to authorize the sale of such
short-term note to Tiburon; and
WHEREAS, a form of note purchase agreement (the "Note Purchase Agreement") has
been prepared relating to the sale of a note for the Town;
NOW THEREFORE, it is hereby DETERMINED AND ORDERED as follows:
Section 1. Limitation on Maximum Amount. The principal amount of the note issued
pursuant hereto, when added to the interest payable thereon, shall not exceed eighty-five
percent (85%) of the estimated amount of the uncollected taxes, revenue and other moneys of
the Town for the General Fund attributable to Fiscal Year 2009-2010, and available for the
payment of said note and the interest thereon (as hereinafter provided).
Section 2. Authorization and Terms of Note. Solely for the purpose of anticipating taxes,
revenue and other moneys to be received by the Town for the General Fund allocable to Fiscal
Year 2009-2010, and specifically with respect to the property tax revenue to be received by the
Town in April 2010, and not pursuant to any common plan of financing, the Town hereby
determines to and shall borrow the principal amount of not to exceed five hundred thousand
dollars ($500,000) by the issuance of a temporary note under the Law, designated "Town of
Fairfax (Marie County, California) 2009 Tax and Revenue Anticipation Note" (the "Note"). The
Note shall be dated as of its date of delivery, shall mature, on or before April 23, 2010, and shall
bear interest, payable at maturity, and computed on a 30-day month/360-day year basis, at 4%
per annum. Both the principal of and interest on the Note shall be payable in lawful money of
the United States of America, as described below.
Section 3. Form of Note. The Note shall be issued in fully registered form, without
coupons, and shall be substantially in the form and substance set forth in Exhibit A attached
hereto and by reference incorporated herein. The Note shall be issued in fully registered form,
registered to Tiburon.
Section 4. Use of Proceeds. The moneys so borrowed shall be deposited in a segregated
account in the General Fund to be withdrawn, used and expended by the Town for any purpose
for which it is authorized to expend funds from the General Fund including, but not limited to,
current expenses, capital expenditures and the discharge of any obligation or indebtedness of
the Town.
Section 5. Security. The principal amount of the Note, together with the interest thereon,
shall be payable from taxes, revenue and other moneys which are received by the Town
allocable to the General Fund for the Fiscal Year 2009-2010. As security for the payment of the
principal of and interest on the Note, the Town, hereby pledges all property tax revenues
receivable by the Town in April 2010 (such pledged amounts being hereinafter called the
"Pledged Revenues"). Pursuant to section 5451 of the California Government Code, the Pledged
Revenues shall immediately be subject to the pledge, and the pledge shall constitute a lien and
security interest which shall immediately attach to the Pledged Revenues and be effective,
binding, and enforceable against the Town, its successors, purchasers of the Pledged Revenues,
creditors, and all others asserting the rights therein, to the extent set forth, and in accordance
with, this Resolution irrespective of whether those parties have notice of the pledge and without
the need for any physical delivery, recordation, filing, or further act. No prior pledge of such
revenues has been made by the Town to secure any other borrowing and no such pledge will be
made prior to the full payment of the Note. To the extent not so paid from the Pledged
Revenues, the Note shall be paid from any other moneys of the Town lawfully available
therefor. In the event that there are insufficient unrestricted moneys received by the Town to
permit the repayment of the Note from such property tax revenues, then the amount of any
deficiency shall be satisfied and made up from any other moneys of the Town lawfully available
for the repayment of the Note and interest thereon..
Section 6. Repayment. The Town will irrevocably direct the Marin County Treasurer-Tax
Collector to transfer to a special escrow account at Bank of America in Fairfax, California (the
"Escrow Bank"), all property tax revenues owed to the Town in April 2010, and the Escrow
Bank will be irrevocably directed to transfer to Tiburon, on the maturity date of the Note, the
total principal amount of the Note, plus interest accrued thereon to such date. The Escrow Bank
will be directed to transfer the remaining amounts of property tax revenues to the Town only
after Tiburon shall have been paid in full.
Section 7. Execution of Note. The Note shall be executed in the name of the Town, with
the manual or facsimile signature of the Mayor, the Town Manager or the Finance Director and
the manual or facsimile counter-signature of the Town Clerk (although at least one of such
-2-
signatures shall be manual), and said officers are hereby authorized to cause the blank spaces
thereof to be filled in as may be appropriate.
Section 8. No Transfer or Exchange of Note. The Note is not subject to transfer or
exchange.
Section 9. Covenants and Warranties. It is hereby covenanted and warranted by the
Town that all representations and recitals contained in this Resolution are true and correct, and
that the Town has reviewed all proceedings heretofore taken relative to the authorization of the
Note and has found, as a result of such review, and hereby finds and determines that all acts,
conditions and things required by law to exist, happen and be performed precedent to and in
the issuance of the Note have existed, happened and been performed in due time, form and
manner as required by law, and the Town is duly authorized to issue the Note and incur
indebtedness in the manner and upon the terms provided in this Resolution. The Town has
duly taken all proceedings necessary to be taken, and will take any additional proceedings
necessary to be taken, for the prompt collection and enforcement of the taxes, revenue, cash
receipts and other moneys pledged hereunder in accordance with law and for carrying out the
provisions of this Resolution.
Section 10. Sale of Note. The Note shall be sold to Tiburon at a purchase price equal to
the principal amount thereof. The Mayor, the Town Manager and the Finance Director are each
hereby individually authorized and directed, for and in the name and on behalf of the Town, to
sell the Note to Tiburon and to execute and deliver a Note Purchase Agreement in substantially
the form attached hereto as Exhibit B, together with any additions thereto or changes therein
deemed necessary or advisable by the Mayor, the Town Manager or the Finance Director,
subject to the terms and conditions of the Note Purchase Agreement. Approval of any additions
or changes in such form of Note Purchase Agreement and compliance with the conditions
precedent to the execution of the Note Purchase Agreement by the Mayor, the Town Manager
or the Finance Director shall be conclusively evidenced by execution and delivery of the Note
Purchase Agreement.
Section 11. Preparation of the Note; Execution of Closing Documents. Quint & Thimmig
LLP, as bond counsel to the Town, is directed to cause a suitable Note to be prepared showing
on its face that the same bears interest at the rate aforesaid, and to cause the blank spaces
therein to be filled in to comply with the provisions of this Resolution in accordance with the
Note Purchase Agreement, and to procure its execution by the proper officers, and to cause the
Note to be delivered when so executed to Tiburon upon the receipt of the purchase price by the
Town, in accordance with the Note Purchase Agreement.
The Mayor, the Town Manager and the Finance Director, or any of them, are further
authorized and directed to make, execute and deliver to Tiburon (a) a certificate in the form
customarily required by purchasers of bonds of public corporations generally, certifying to the
genuineness and due execution of the Note, and (b) a receipt in similar form evidencing the
payment of the purchase price of the Note which receipt shall be conclusive evidence that said
purchase price of the Note has been paid and has been received on behalf of the Town. Such
officers and any other officers of the Town are. hereby authorized to execute any and all other
documents required to consummate the sale and delivery of the Note.
-3-
Section 12.. Effective Date. This Resolution shall take effect upon its adoption by this
Council.
Passed, approved and adopted this 3rd day of February, 2010.
Mayor of the Town of Fairfax
ATTEST:
Town Clerk
I, the undersigned Town Clerk of the Town of Fairfax, hereby certify that the foregoing
is a full, true and correct copy of a resolution duly adopted by the Town Council of the Town at
a meeting thereof on the 3rd day of February, 2010, by the following vote of the members
thereof:
AYES:
NOES:
ABSTAIN:
ABSENT:
Town Clerk
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EXHIBIT A
FORM OF NOTE
TOWN OF FAIRFAX
(Marin County, California)
2009-10 TAX AND REVENUE ANTICIPATION NOTE
INTEREST RATE:
MATURITY DATE:
ISSUE DATE:
4%
Aril 23, 2010
Februar , 2010
REGISTERED OWNER: TOWN OF TIBURON, CALIFORNIA
PRINCIPAL SUM: FIVE HUNDRED THOUSAND DOLLARS
The TOWN OF FAIRFAX, Marin County, State of California (the "Town'),
acknowledges itself indebted, and promises to pay, to the Registered Owner stated above (the
"Owner"), on the Maturity Date stated above, the Principal Sum stated above, in lawful money
of the United States of America, and to pay interest hereon in like lawful money at the rate per
annum stated above, calculated on the basis of 360-day year composed of twelve 30-day
months. The principal of and interest on this Note shall be payable at maturity to the Owner.
It is hereby certified, recited and declared that this Note, in the aggregate principal
amount of five hundred thousand dollars ($500,000), issued pursuant to the provisions of a
resolution of the Town Council of the Town entitled "A RESOLUTION PROVIDING FOR THE
BORROWING OF FUNDS FOR FISCAL YEAR 2009-2010 AND THE ISSUANCE AND SALE
OF A 2009 TAX AND REVENUE ANTICIPATION NOTE THEREFOR," duly passed and
adopted on February 3, 2010 (the "Resolution"), and pursuant to Article 7.6 (commencing with
section 53850) of Chapter 4, Part 1, Division 2, Title 5, of the California Government Code, and
that all things, conditions and acts required to exist, happen and be performed precedent to and
in the issuance of this Note exist, have happened and have been performed in regular and due
time, form and manner as required by law, and that this Note, together with all other
indebtedness and obligations of the Town, does not exceed any limit prescribed by the
constitution or statutes of the State of California.
The principal amount of this Note, together with the interest hereon, shall be payable
from taxes, revenue and other moneys which are received by the Town for the Fiscal Year 2009-
2010, and specifically with respect to the property tax revenue to be received by the Town in
April 2010. As security for the payment of the principal of and interest on this Note, the Town,
has pledged all property tax revenues receivable by the Town in April 2010 (such pledged
amounts being hereinafter called the "Pledged Revenues"). The principal of this Note and the
interest hereon shall constitute a first lien and charge thereon and shall be paid from the
Pledged Revenues. To the extent not so paid from the Pledged Revenues, this Note shall be paid
Exhibit A
Page 1
from any other moneys of the Town lawfully available therefor. In the event that there are
insufficient unrestricted moneys received by the Town to permit the repayment of this Note
from such property tax revenues, then the amount of any deficiency shall be satisfied and made
up from any other moneys of the Town lawfully available for the repayment of this Note and
interest hereon. The Town has irrevocably directed the Marin County Treasurer-Tax Collector
to transfer to a special escrow account at Bank of America in Fairfax, California (the "Escrow
Bank"), all property tax revenues owed to the Town in April 2010, and the Escrow Bank has
been irrevocably directed to transfer to the Owner, on the maturity date of the Note, the total
principal amount of the Note, plus interest accrued thereon to such date. The Escrow Bank has
been directed to transfer the remaining amounts of property tax revenues to the Town only
after the Owner shall have been paid in full.
This Note is issuable as a registered note, without coupons, in the total principal amount
thereof. this Note is not subject to exchange or transfer.
The Town may treat the Owner hereof as the absolute owner hereof for all purposes,
and the Town shall not be affected by any notice to the contrary.
IN WITNESS WHEREOF, the Town of Fairfax has caused this Note to be issued in the
name of the Town and to be executed by the manual signature of the Mayor and countersigned
by the facsimile signature of the Town Clerk, all as of the Issue Date stated above.
TOWN OF FAIRFAX
By
Mayor
Countersigned:
Town Clerk
Exhibit A
Page 2
EXHIBIT B
FORM NOTE PURCHASE AGREEMENT
Town Council
Town of Fairfax
142 Bohnas Road
Fairfax, California 94930
Councilmembers:
The undersigned Town of Tiburon, California (the "Tiburon") offers to enter into this agreement
with the Town of Fairfax (the "Town"), which, upon your acceptance hereof, will be binding upon the
Town and Tiburon. This offer is made subject to the acceptance of the Note Purchase Agreement by the
Town and written delivery of such acceptance to Tiburon at or prior to 11:59 P.M., Pacific Time, on the
date hereof.
1. Purchase and Sale of the Note. Upon the terms and conditions and in reliance upon the
representations, warranties and agreements herein set forth, Tiburon hereby agrees to purchase from the
Town, and the Town hereby agrees to sell to Tiburon for such purpose, the Town's $500,000 2009-2010
Tax and Revenue Anticipation Note (the "Note").
The Note shall be dated February, 2010 shall bear interest at a rate of 4% per annum, and shall
mature on April 23, 2010 (or such earlier date as moneys for the prepayment of the Note shall be available
to the Town). The purchase price to be paid by Tiburon for the Note shall be $500,000, representing the
principal amount of the Note.
2. The Note. The Note shall be described in, and shall be issued and secured pursuant to the
provisions of the Resolution of the Town Council of the Town, adopted February 3, 2010 (the
"Resolution"), and Article 7.6, Chapter 4, Part 1, Division 2, Title 5 (commencing with section 53850) of
the California Government Code (the "Act").
3. Private Placement; Note Constitute Investment of Tiburon; No Transfer or Exchange.
(a) Tiburon has sufficient knowledge and experience in financial and business matters, including
purchase and ownership of obligations of a nature similar to the Note to be able to evaluate the risks and
merits of the investment represented by the purchase of the Note.
(b) Tiburon is acquiring the Note for its own account and not with a view to, or for sale in
connection with, any distribution of the Note or any part thereof. Tiburon has not offered to sell, solicited
offers to buy, or agreed to sell the Note or any part thereof, and Tiburon has no intention of reselling or
otherwise disposing of the Note.
(c) Tiburon acknowledges that the Note is not assignable, exchangeable or transferable.
(d) Tiburon has made his own credit inquiry and analysis with respect to the Town and the Note
and has made an independent credit decision based upon such inquiry and analysis. The Town has
furnished to Tiburon all the information which Tiburon, as a reasonable investor, has requested of the
Town as a result of Tiburon having attached significance thereto in making its investment decision with
respect to the Note, and Tiburon has had the opportunity to ask questions of and receive answers from
Exhibit B
Page 1
knowledgeable individuals concerning the Town and the Note. Tiburon is able and willing to bear the
economic risk of the purchase and ownership of the Note.
(e) Tiburon understands that the Note has not been registered with any federal or state securities
agency or commission.
4. Closing. At 9:00 A.M., Pacific Time, on February 24, 2010, or such other time or such other date
as shall have been mutually agreed upon by the Town and Tiburon (the "Closing"), the Town will deliver
to Tiburon, the Note in definitive form, duly executed, together with other documents hereinafter
mentioned; and Tiburon will accept such delivery and pay the purchase price thereof in immediately
available funds to the Town.
The Note will be issued in the form of a single fully registered note, registered in the name of
Tiburon.
The Town has irrevocably directed the Marin County Treasurer-Tax Collector to transfer to a
special escrow account at Bank of America in Fairfax, California (the "Escrow Bank"), all property tax
revenues owed to the Town in April 2010, and the Escrow Bank has been irrevocably directed to transfer
to the Owner, on the maturity date of the Note, the total principal amount of the Note, plus interest
accrued thereon to such date. The Escrow Bank has been directed to transfer the remaining amounts of
property tax revenues to the Town only after the Owner shall have been paid in full.
5. Representations, Warranties and Agreements of the Town. The Town hereby represents,
warrants and agrees with Tiburon that:
(a) The Town is a municipal corporation and general law city organized and validly existing
under the laws of the State of California, with the power to issue the Note pursuant to the Act.
(b) At or prior to the Closing, (i) the Town will have taken all action required to be taken by it to
authorize the issuance and delivery of the Note; (ii) the Town has full legal right, power and authority to
enter into this Note Purchase Agreement and to adopt the Resolution, and the Town has full legal right,
power and authority to perform its obligations under each such document or instrument, and to carry out
and effectuate the transaction contemplated by this Note Purchase Agreement and the Resolution; (iii) the
execution and delivery or adoption of, and the performance by the Town of the obligations contained in
the Note, the Resolution and this Note Purchase Agreement have been duly authorized and such
authorization shall be in full force and effect at the time of the Closing; (iv) this Note Purchase Agreement
constitutes a valid and legally binding obligation of the Town; and (v) the Town has authorized the
consummation by it of all transactions contemplated by this Note Purchase Agreement.
(c) No consent, approval, authorization, order, filing, registration, qualification, election or
referendum, of or by any person, organization, court or government agency or public body whatsoever is
required in connection with the issuance, delivery or sale of the Note or the consummation of the other
transactions effected or contemplated herein or hereby.
(d) The issuance of the Note, the execution, delivery and performance of this Note Purchase
Agreement, the Resolution and the Note, and compliance with the provisions hereof do not conflict with
or constitute on the part of the Town a violation of or default under, the Constitution of the State of
California or any other existing law, charter, ordinance, regulation, decree order or resolution and do not
conflict with or result in a violation or breach of, or constitute a default under, any agreement, indenture,
mortgage, lease or other instrument to which the Town is a party or by which it is bound or to which it is
subject.
Exhibit B
Page 2
(e) To the best of the Town's knowledge, no action, suit, proceeding, hearing or investigation is
pending or (to the knowledge of the Town) threatened against the Town: (i) in any way affecting the
existence of the Town or in any way challenging the respective powers of the several offices of the titles of
the officials of the Town to such offices; or (ii) seek to restrain or enjoin the sale, issuance or delivery of
the Note, the application of the proceeds of the sale of the Note, or the collection of the revenue or assets
of the Town pledged or available to pay the principal and interest on the Note, or the Pledge thereof, or in
any way contesting or affecting the validity or enforceability of the Note, this Note Purchase Agreement
or the Resolution or contesting the powers of the Town or its authority with respect to the Note, the
Resolution or this Note Purchase Agreement; or (iii) in which a final adverse decision could (a) materially
adversely affect the operations of the Town or the consummation of the transactions contemplated by this
Note Purchase Agreement and the Resolution, or (b) declare this Note Purchase Agreement to be invalid
or unenforceable in whole or in material part.
(f) Between the date hereof and the date of the Closing, the Town has not, without prior written
consent of Tiburon, borrowed any additional moneys.
(g) Between the date of the Closing and the maturity date of the Note, the Town will not, without
prior written consent of Tiburon, borrow any additional moneys secured by the same source of funds for
the security of the Note.
(h) Any certificates signed by any officer of the Town and delivered to Tiburon shall be deemed a
representation and warranty by the Town, as the case may be, to Tiburon as to the statements made
therein but not of the person signing the same.
6. Conditions to Closing. Tiburon has entered into this Note Purchase Agreement in reliance
upon the representations and warranties of the Town contained herein and the performance by the Town
of its obligations hereunder, both as of the date hereof and as of the date of Closing. Tiburon's obligations
under this Note Purchase Agreement are and shall be subject, at the option of Tiburon, to the following
further conditions at the Closing:
(a) The representations and warranties of the Town contained herein shall be true, complete and
correct in all material respects as of the date hereof and as of the date of Closing, as if made at and as of
the Closing, and the statements made in all certificates and other documents delivered to Tiburon at the
Closing pursuant hereto shall be true, complete and correct in all material respects on the date of the
Closing; and the Town shall be in compliance with each of the agreements made by it in this Note
Purchase Agreement.
(b) At the time of the Closing, (i) this Note Purchase Agreement and the Resolution shall be in
full force and effect and shall not have been amended, modified or supplemented except as may have
been agreed to in writing by Tiburon; (ii) all actions under the Act which, in the opinion of the firm of
Quint & Thimmig LLP, bond counsel ("Bond Counsel"), shall be necessary in connection with the
transactions contemplated hereby, shall have been duly taken and shall be in full force and effect; and,
(iii) the Town shall perform or have performed all of their obligations required under or specified in the
Resolution or the Note Purchase Agreement to be performed at or prior to the Closing.
(c) No decision, ruling or finding shall have been entered by any court or governmental authority
since the date of this Note Purchase Agreement (and not reversed on appeal or otherwise set aside), or to
the best knowledge of the Town, pending or threatened.
(d) No order, decree or injunction of any court of competent jurisdiction, nor any order, ruling or
regulation of the Securities and Exchange Commission, shall have been issued or made with the purpose
or effect of prohibiting the issuance, offering or sale of the Note as contemplated hereby and no
Exhibit B
Page 3
legislation shall have enacted, or a bill favorably reported for adoption, or a decision by a court
established under Article III of the Constitution of the United States rendered, or a ruling, regulation,
proposed regulation or official statement by or on behalf of the Securities and Exchange Commission or
other governmental agency having jurisdiction of the subject matter shall be made or issued, to the effect
that the Note or any securities of the Town or of any similar body of the type contemplated herein are not
exempt from the registration, qualification or other requirements of the Securities Act of 1933, as
amended and as then in effect, or the Trustee Indenture Act of 1939, as amended and as then in effect.
(e) At or prior to the date of the Closing, Tiburon shall receive one copy of the following
documents in each case dated as of the Closing Date and satisfactory in form and substance to Tiburon:
(1) An approving opinion of Bond Counsel, as to the Note, addressed to the Town.
(2) A letter setting forth that Tiburon can rely upon the approving opinion of Bond
Counsel.
(3) A certificate signed by appropriate officials of the Town to the effect that there is no
action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court or
public body, pending, or to his or her knowledge, threatened against the Town (but in lieu of or
in conjunction with such certification Tiburon may, at its sole discretion, accept certificates,
opinions of counsel to the Town or Bond Counsel, that in their opinion the issues raised in any
such pending or threatened litigation are without substance and that the contentions of all
plaintiffs therein are without merit).
(4) A certificate signed by appropriate officials of the Town to the effect that (i) the
representation, agreements and warranties of the Town herein are true and correct in all material
respects as of the date of Closing; and (ii) the Town has complied with all the terms of the
Resolution and this Note Purchase Agreement to be complied with by the Closing and such
documents are in full force and effect.
(5) A certificate, together with fully executed copies of the Resolution, of the Town Clerk
to the effect that (i) such copies are true and correct copies of the Resolution; and (ii) that the
Resolution was duly adopted and has not been modified, amended, rescinded or revoked and is
in full force and effect on the date of the Closing.
(6) Such additional legal opinion, certificates, proceedings, instruments and other
documents as Tiburon may reasonably request to evidence compliance (i) by the Town with legal
requirements; (ii) the truth and accuracy, as of the time of Closing, of the representations of the
Town herein contained; and, (iii) the due performance or satisfaction by the Town at or prior to
such time of all agreements then to be performed and all conditions then to be satisfied by the
Town.
If the Town shall be unable to reasonably satisfy the conditions requested by Tiburon to evidence
compliance with the terms and conditions set forth in this Note Purchase Agreement, Tiburon's
obligations for the purchase of the Note shall be terminated for any reason permitted by this Note
Purchase Agreement, and this Note Purchase Agreement may be canceled by Tiburon at, or at any time
prior to, the time of Closing. Notice of such cancellation shall be given to the Town in writing, or by
telephone or telegraph confirmed in writing. Notwithstanding any provision herein to the contrary, the
performance and any and all obligations of the Town hereunder and the performance of any and all
conditions contained herein for the benefit of Tiburon may be waived by Tiburon in writing at its sole
discretion.
Exhibit B
Page 4
7. Conditions to Obligations of the Town. The performance by the Town of its obligations is
conditioned upon (i) the performance by Tiburon of its obligations hereunder; and (ii) receipt by the
Town and Tiburon of opinions and certificates being delivered at the Closing by persons and entities
other than the Town.
8. Expenses. The Town shall pay the expenses incident to the performance of its obligations
hereunder from the proceeds of the Note (or from any other source of available funds of the Town) which
expenses include and are limited to: (i) the cost of the preparation and reproduction of the Resolution; (ii)
the fees and disbursements of Bond Counsel, (iii) the fees and expenses of Wulff, Hansen & Co., as
financial advisor to the Town in connection with the issuance of the Note, (iv) the fees and disbursements
of any other advisors or consultants retained by the Town in connection with the issuance of the Note,
and (v) any other fees and expenses required in connection with the issuance of the Note.
All costs or expenses incurred by Tiburon as a result of nonpayment or other default by the Town
shall be borne by the Town.
All other costs and expenses incurred by Tiburon as a result of or in connection with the purchase
of the Note shall be borne by Tiburon.
9. Notices. Any notice or other communication to be given under this Note Purchase Agreement
(other than the acceptance hereof as specified in the first paragraph hereof) may be given by delivering
the same in writing if to the Town, to the Finance Director, Town of Fairfax, 142 Bolinas Road, Fairfax,
CA 94930, or if to Tiburon to the Finance Director, Town of Tiburon, 1505 Tiburon Boulevard, Tiburon,
CA 94920.
10. Parties in Interest; Survival of Representations and Warranties. This Note Purchase
Agreement when accepted by the Town in writing as heretofore specified shall constitute the entire
agreement between the Town and Tiburon. This Note Purchase Agreement is made solely for the benefit
of the Town and Tiburon (including the successors or assigns of Tiburon). No person shall acquire or
have any rights hereunder or by virtue hereof. All the representations, warranties and agreements of the
Town in this Note Purchase Agreement shall survive regardless of (a) any investigation or any statement
in respect thereof made by or on behalf of Tiburon, (b) delivery of and payment by Tiburon for the Note
hereunder, and (c) any termination of this Note Purchase Agreement.
11. Execution in Counterparts. This Note Purchase Agreement may be executed in several
counterparts each of which shall be regarded as an original of all of which shall constitute one and the
same document.
Exhibit B
Page 5
12. Applicable Law. This Note Purchase Agreement shall be interpreted, governed and enforced
in accordance with the law of the State of California.
The foregoing is hereby agreed to and accepted
as of the date first written above:
TOWN OF FAIRFAX
By
Finance Director
Very truly yours,
TOWN OF TIBURON, as Purchaser
By
Finance Director
Exhibit B
Page 6
To:
From:
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Mayor and Members of the Town Council
Office of the Town Attorney
Town Council Meeting
March 3, 2010
Agenda Item: Cr_ 7
Subject: Recommendation to Approve Amendments to the November 12, 2009
nent with the Martha Company
A
Reviewed By:
BACKGROUND AND ANALYSIS OF THE AMENDMENTS
In 2007, the Martha Company filed an application with the County of Marin for a 43-unit
subdivision on property located outside the Town's borders, but within its sphere of influence. In
July of 2009, at the request of property owners in the area, the Town pre-zoned an area that
included the project site. The Martha Company filed an action challenging the pre-zoning. On
November 12, 2009, the Town entered into an agreement with the Martha Company, settling the
latter's lawsuit and agreeing upon a process to develop a lower density project on the site. The
Agreement contemplated that the Martha Company and the County would enter into a
development agreement that substantially conformed to Exhibit 1 to the Agreement. The Martha
Company has requested the following amendments to the Agreement:
1. Section 10 of the Agreement provides that the Agreement will terminate unless the
Martha Company and the County have executed the development agreement for the lower
density project on or before June 30, 2010. However, the current project timeline
indicates that the environmental impact report will not be complete in time to meet this
deadline; the County may not certify the EIR until the end of this year. Accordingly, the
Martha Company requests that we amend the deadline in Section 10 to June 30, 2011.
2. Section 3.3 of the development agreement provides that the Martha Company will
construct three trails in conformance with Marin County Open Space District standards.
We have learned that the District does not have adopted standards for such trail
construction. The amendment would clarify the intent of the trails as pedestrian footpaths,
not as highly improved multi-use paths or equestrian trails.
STAFF RECOMMENDATION
Staff recommends that the Town Council approve the requested amendments to the November
12, 2009 Agreement with the Martha Company.
Exhibits: Draft Amendment
Prepared By: Ann R. Danforth, Town Attorney
TOWN OF TIBURON PAGE 1 OF 1
AMENDMENT #1 TO
MEMORANDUM OF UNDERSTANDING
The Memorandum of Understanding entered into the 12th day of November, 2009 by and
between the Town of Tiburon and Martha Co. is hereby amended as follows:
June 30, 2011.
The termination date shown in Paragraph 10 is changed from June 30, 2010, to
• Exhibit 1 to the Memorandum of Understanding, Section 3.3, is amended to
delete the sentence, "Such trails shall be constructed to the same standards customarily used on
Marin County Open Space District properties," and to substitute in its place the sentence, ""Such
trails are intended to be serviceable single-use (pedestrian) footpaths, as commonly found on
steep hillside trails throughout Marin County."
IN WITNESS WHEREOF, the parties hereto have executed this Amendment # 1 to the
Memorandum of Understanding as of the date written below and have initialed the hand-written
changes on the attached Exhibit A.
Date:
TOWN OF TIBURON
By:
Margaret A. Curran
Town Manager
Approved as to Form:
By:
Ann Danforth, Town Attorney
Date: . MARTHA COMPANY, a California corporation
By:
Approved as to Form:
Hanson Bridgett LLP
By:
Mary K. McEachron, Esq. '
Mark E. Reed
Secretary
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
March 3, 2010
Agenda Item:
4l-
Subject: Appointments to fill vacancies on Town Boards, Commissions &
Committees
Reviewed By:
BACKGROUND
At the January 6, 2010 meeting, Mayor Collins announced the vacancies on Town boards,
commissions and committees in the coming year, which included pending vacancies due to term
expirations on the Planning Commission, Heritage & Arts Commission, Parks, Open Space &
Trails (POST) Commission, and the Library Agency Board.
The Mayor also announced the two vacancies created on the Planning Commission by virtue of
the election of Commissioners Fraser and O'Donnell to the Town Council.
The Town Clerk published notices of all the current and pending vacancies in The Ark.
The Council interviewed three applicants at its January 20, 2010 regular meeting for the Planning
Commission vacancies. The Council appointed Design Review Boardmember Frank Doyle and
Jt. Recreation Committee member Erin Tollini to fill two of these vacancies.
The third applicant for a Planning Commission vacancy was Lou Weller, who informed the
Council at the January 20 meeting that he would also be interested in a position on the Design
Review Board. Mr. Weller has submitted a letter confirming his interest.
The Town Clerk also contacted all commissioners whose terms were set to expire this year (on
February 28) to inquire if they were interested in seeking another term on their broad or
commission, with the following results:
1. Planning Commission (John Corcoran term expiration; seeks another term);
2. Heritage & Arts Commission (term expirations of Peggy Bremer, Dave Gotz, and Ida Mae
Berg; Bremer does not seek reappointment; Gotz and Berg do);
3. POST (Ralph Leighton & Jill Sperber term expirations; neither seek reappointment).
Because the Council did not meet in February, the terms of these commissioners have now
expired.
RECOMMENDATION
Staff recommends that the Council:
1. Interview all interested applicants tonight;
2. Reappoint the interested incumbent commissioners whose terms have expired to serve
another term on their respective boards and commissions, as follows:
a) Move to reappoint Planning Commissioner John Corcoran for another term;
b) Move to reappoint Heritage & Arts Commissioners Dave Gotz and Ida Mae Berg for
another term;
3. Consider making an appointment to fill the vacancy on the Design Review Board, based
on the interest of applicant Lou Weller, or direct staff to continue the item pending further
interviews;
4. Consider making an appointment to fill the vacancy on the Heritage & Arts Commission,
based on the interest of applicant Jaleh Etemad, or direct staff to continue the item
pending further interviews;
5. Direct the Town Clerk to continue to notice vacancies on POST and any other
commission with unfilled seats, and interview interested applicants, until those vacancies
are filled.
Exhibits:
• Letter of Interest of Lou Weller for Design Review Board
• Letters from incumbent Commissioners
Prepared By: Diane Crane Iacopi, Town Clerk
-
LOUIS S. WELLER
February 2, 2010
Diane Crane-Iacopi
Town Clerk
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Re: Tiburon Design Review Board
Dear Diane:
REGFIVEU."
TO VV' f ~i~L~MA
TOWN OF TIBURON
This confirms my interest in an appointment to the Tiburon Design Review Board. Please consider
the application submitted for appointment to the Planning Commission as applying to the DRB.. As
I stated at the Town Council meeting on January 20, I am interested and willing to serve on the DRB
if appointed and believe my background, experience and 20 year residency in Tiburon make me
qualified for this position.
Thanks for your assistance. As mentioned when we spoke, I will be out of the country from
February 7 until March 7 but would be pleased to appear for an interview any time after that if the
Town Council desires to meet me again.
e
Sin erely,
Louis S. Weller
291 BLACKFIELD DRIVE • TIBURON, CA • 94920
P14ONr: 415.435.1722 • rAx: 415.783.9029 • 1-MAIL: wellerlaw@aol.com
Diane Crane lacopi
From: John Corcoran Bohncorcoran@gmail.com]
Sent: Saturday, January 16, 2010 11:19 AM
To: Diane Crane lacopi
Subject: PC term
Diane:
Per your letter of January 13, I would like to continue serving for another term on the
Planning Commission. Let me know if there is anything else I need to do.
Thanks very much,
John
1
Diane Crane lacopi
From:
billbrem@aol.com
Sent:
Sunday, January 17, 2010 12:53 PM
To:
Diane Crane lacopi
Subject:
H&A term
Town of Tiburon
Attn: Town Clerk, Diane Crane Iacopi
Dear Diane,
Thank you for the reminder that my term with the Heritage and Arts Commission will expire
by the end of February 2010.
This e-mail is to confirm that I will not be returning for another four-year appointment.
It has been a wonderful nine years working with such professional and thoughtful people
that have served on the Commission during that period. The Town can be proud of the
accomplishments and recommendations that have come from this Commission during my term.
Another asset has been our staff liaison, Joan Palmero. Her knowledge of Town history and
background has been exceptionally helpful.
I have talked to Diane Smith regarding my leaving, and she mentioned Pat Pickett as a
possible interested party. I think she could be a good person for the Commission.
The H&A has been an experience I shall always be proud that I was a part of. Thank you
and your staff for the kindness you have shown me.
As "Skippy's Mother" I remain dedicated to the Town.
Peggy Bremer
1
Page 1 of 1
Diane Crane lacopi
From: David Gotz [dgotz@comcast.net]
Sent: Tuesday, January 26, 2010 2:39 PM
To: Diane Crane lacopi
Cc: Joan Palmero; (Tiburon H&A Commission) Patricia Navone
Subject: H & A reappointment
Diane,
Apparently the ladies would like me to continue as a commissioner for Heritage & Arts. So I am confirming that I am
interested in reappointment to the Commission.
Dave Gotz
1/26/2010
SECONDED: Bremer
VOTE: Unanimous
Clerk promised to get feedback from Mrs. Breier to create a list of duties for which volunteers
are needed. Commissioners agreed to help once they could see what the time slots were and the
options for work.
f. Upcoming Commission Vacancies - Discussion
Before discussion of this agenda item, Ms. Etemad thanked the Commissioners and excused
herself from the meeting.
Navone announced that there are three terms expiring on the Commission. Those are the seats
held by Bremer, Berg and Gotz.
Commissioner Bremer confirmed that she will not be asking for reappointment. She has served
9 years. The commissioners all agreed on how much she has contributed to the Commission.
Berg indicated that she would like to be reappointed for another four-year term.
Navone announced that Dave Gotz will be continuing on the Commission for another four-year
term. Everyone was very happy to hear that he will be continuing and that the town and
commission will benefit from his many contributions.
Navone informed the Commissioners that two names have been offered as possibilities for the
opening vacated by Bremer. Those are Patty Pickett and Jaleh Etemad. As it turns out, however,
Patty may not be able to accept an appointment due to family-care issues. The commission
should hear back in the next couple of days.
All commissioners agreed that Ms. Etemad is a very agreeable, capable person who has
volunteered many times in Town for events such as the Art Festival, and who has brought her
exhibits to the Town Hall to appreciative viewers.
Gotz also suggested asking former commissioner Meg Abbott to return.
Navone suggested either Fran or Barry Wilson.
g. Purchase Ipod and Speakers for Events
Schmidt suggested the commission purchase an Ipod and speakers for use at the events,
especially where there are not many people and it is sometimes quiet and not as welcoming. She
brought in an Ipod Nano and speakers to show the commissioners. The Ipod runs about $150
and the speakers run about $50 on sale.
6
Minutes-January 26, 2010
Diane Crane lacopi
From:
Ralph Leighton [ralphleighton@gmail.com]
Sent:
Thursday, January 21, 2010 4:32 PM
To:
Diane Crane lacopi
Cc:
allPOST; Nicholas Nguyen
Subject:
Term expiration POST
Greetings, Diane,
I plan to let my term expire at the end of February or perhaps slightly later, once a
replacement has been selected and can attend a meeting as my future plans are not clear
enough to warrant a full four-year term on POST expiring in 2014.
The BPAC and POST experiences have taught me a lot, and I am appreciative to the Town of
Tiburon for the opportunity to serve.
Best regards to all,
Ralph Leighton
1
Diane Crane laco
From: Sperber, Jill [Jill.Sperber@calbar.ca.gov]
Sent: Thursday, January 21, 2010 4:49 PM
To: Diane Crane lacopi
Cc: Nicholas Nguyen
Subject: RE: Term expiration POST
Diane, reading Ralph's message reminded that I owe you a reply as well.
I too would like to finish my term this February but am willing to stay until a
replacement can be made. I've loved serving with the members on POST and was glad to serve
Tiburon, but sense that my energy might be better suited to more specific bike advocacy
through an organization such as the Marin County Bicycle Coalition. In that way, I hope
that my path will cross with POST again.
Jill Sperber
Director, Office of Mandatory Fee Arbitration State Bar of California 180 Howard Street,
6th floor San Francisco, CA 94105
(415)538-2023 direct dial
(415) 538-2335 fax
-----Original Message-----
From: Ralph Leighton [mailto:ralphleighton@gmail.com]
Sent: Thursday, January 21, 2010 4:32 PM
To: Diane Crane Iacopi
Cc: allPOST; Nicholas Nguyen
Subject: Term expiration POST
Greetings, Diane,
I plan to let my term expire at the end of February or perhaps slightly later, once a
replacement has been selected and can attend a meeting as my future plans are not clear
enough to warrant a full four-year term on POST expiring in 2014.
The BPAC and POST experiences have taught me a lot, and I am appreciative to the Town of
Tiburon for the opportunity to serve.
Best regards to all,
Ralph Leighton
1
i
TOWN OF TIBURON
COMMISSION, BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to various Town commissions,
boards and committees throughout the year due to term expirations and unforeseen
vacancies. In an effort to broaden participation by local residents in Tiburon's
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. The application form can also be found on the Town's
website, www. ci. tiburon. ca. us.
Copies of the application will be forwarded to the Town Council and an
informal interview will be scheduled when a vacancy occurs. Your application will
remain on file at Town Hall for a period of one (1) year.
Th k [on ti mat lingness to serve the Tiburon community.
FEB - 3 2010
TOWN CLERK
TOWN OF TIBURON
Diane Crane Iacopi
Town Clerk
AREAS OF INTEREST
nl---- i--~'--~- ' -
a acaw AlMsmaw 1 WWI hr lcukb) u, interest in Numerical order
(#1 Being the Greatest Interest)
PLANNING
-DESIGN REVIEW
3' WHERITAGE & ARTS
LIBRARY
-PARKS, OPEN SPACE & TRAILS
JT. RECREATION COMMITTEE
-DISASTER PREPAREDNESS
MARIN COMMISSION ON AGING
1
PERSONAL DATA
(PLEASE PRINT OR TYPE -.A RESUME MAY BE ATTACHED AS WELL)
NAME: J A L a T E I`\ c`3v'(D
MAILING ADDRESS: 2 `7 uA
I ~(J 1'f?Yt
TELEPHONE: Home: Work: 33_2. ?Fax No.(LL" SI) q ~S L9--j0
CR-Q
PROPERTY OWNERS' ASSOC. (If applicable),
TIBURON RESIDENT: (Years) DATE SUBMITTED: 11.2- l
REASONS FOR SELECTI1V -
OUR ARE-As OFDD M
-,Y 41 M Oil (A- P-1-1 Strt^ V'N
14o, u-,
L Al AIL
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e c t '
• y
It j6 Aji 4i Ve<. i-iu --Lo v i Pti nA., kns~ -op 4 J
.
APPLICABLE OUALIA II~~S
,mow & l~ l r u c.tr~ r~ rU ~rGt. h M
----------------------------------------------Town Hall Use
Date Application Received: 2-v- -(0 Interview Date: j - 3 ~ ~ L' - - 1c "4(
Appointed to:
Date Term Expires:
(Date)
Length of Term:
2
J
I D E C E I V E
FEB 2 4 2010
TOWN CLERK
TOWN OF TIBURON
G1-~ ~0:uov-A 'L I Zoiz)
Instructions and Application to Serve on a Town Board,
Commission or Committee
The Town Council considers appointments to various Town boards,
commissions and committees throughout the year due to term expirations and
unforeseen vacancies. In an effort to broaden participation by local residents in
Tiburon's governmental process and activities, the Council needs to know your
interest in serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both pages of this form and
returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to
(415)435-2438.
Copies of the application will be forwarded to the Town Council and an
informal interview will be scheduled when a vacancy occurs. Your application will
remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Diane Crane Iacopi
Town Clerk
AREAS OF INTEREST
Please Indicate Your Area(s) of Interest in Numerical Order
(#I Being the Greatest Interest)
PLANNING # PARKS & OPEN SPACE
-DESIGN REVIEW RECREATION
#
-HERITAGE & ARTS -DISASTER PREPAREDNESS
LIBRARY _ MARIN COMMISSION ON AGING
BICYCLE/PEDESTRIAN ADVISORY COMMITTEE
1
PERSONAL DATA
Only computer-generated or typewritten copy will be accepted;
Attach separate pages, including resumes and cover letters, if necessary.
NAME: Robert M. McDermott
MAILING ADDRESS: 601 Ridge Road
TELEPHONE: Home: 415 789 5 0 9 6Work: N /A
PROPERTY OWNERS' ASSOC. (If applicable) Hillhaven Home Owners' Association
TIBURON RESIDENT: (Years) 25+ DATE SUBMITTED: February 21 2010
REASONS FOR SELECTING
YOUR AREAS OF INTEREST
[hen I thought about retirinq a few vears aao the usual auestion came un:
What will you do? Well, there are a whole lot of things that I want to do
including maintaining/improving my home and garden, sailing, hiking, and
travelling to visit friends and family in the USA and Europe. But there was
another item on my list which was to get involved in community affairs in
APPLICABLE QUALIFICATIONS
AND EXPERIENCE
Education: B. Mech. Eng. from Cornell in 1961; MBA from UC Berkeley in 1967
Work: 45 years with Bechtel in engineering design of refineries, estimating,
cost control, planning & scheduling and later business development of major
industrial projects. The most important projects on which I worked were: 1.
Channel Tunnel (UK-France); 2. Channel Tunnel (High Speed) Rail Link (UK);
Pertamina Refinery (Indonesia); SOLMER Iron/Steel Plant (Fos-sur-mer, France);
Arun LNG Plant (Indonesia)
FEB 2 4 2010
TOWN CLERK
----------------------------------------------Town Hall Use f(MM-OF-TiOttRON
Date Application Received:
Appointed to:
(Commission, Board or Committee)
Date Term Expires:
bobmcd@mac.com
Interview Date: = _ - l
(Date)
2 ok-
Length of Term:
Application to Serve on a Town Board, Commission or Committee
by
Robert M. McDermott
REASONS FOR SELECTING YOUR AREAS OF INTEREST
When I thought about retiring a few years ago the usual question came up: What will
you do? Well, there are a whole lot of things that I wanted to do including maintaining/
improving my home and garden, sailing, hiking, and traveling to visit friends and family
in the USA and Europe. But there was another item on my list: To get involved in
community affairs in some, undefined way. Although we bought our home in Tiburon
nearly 26 years ago I have been working overseas, mostly in the UK, (except for 2
years) ever since. When I retired in mid 2007 and we moved back home I was very
excited about fulfilling those ambitions. My wife, unfortunately, passed away last August
so, while my ambitions have not really changed, I do have a bit more time to devote to
them.
As to the specific areas of interest, I have listed:
1) Parks, Open Space & Trails (POST): I love to take long hikes in the many fine areas
of Tiburon and Marin County and consequently want to preserve and hopefully enlarge
the open space areas so that more people can enjoy this valuable resource. As an avid
sailor, I am concerned about protecting the waterways and coastlines of California and
the Bay Area. By serving on the POST I would hope to be able to contribute to these
goals with some positive action in both of these areas.
2) Heritage & Arts: Having lived away from Tiburon so much I am very interested in
learning more about its history and helping others to learn more as well. Consequently I
have already signed up to be a Docent at the Railroad Museum starting this coming
season. Through working on the Heritage & Arts Commission I would be able to
broaden the scope of my involvement in preserving our wonderful historical monuments.
As for promoting the arts, my wife and I always appreciated various art forms through
visiting museums and exhibitions in San Francisco and Europe. I even attempt to
capture pleasing, hopefully artistic, images whenever I am using my camera. With a
sister who has spent most of her adult life either painting or creating stained glass
mosaics I understand the need for providing opportunities for artists to exhibit their
works and would like to further those possibilities here in Tiburon.
3) Design Review: I see this as being a very important community service which needs
dedicated, objective personnel who can judge applications for new homes or additions
for their compliance with the Town's requirements and guidelines in order to preserve
the town's unique character without impacting adversely on neighbors' entitlements.
Striking this important balance certainly is a challenge which I would welcome. With my
engineering background and years of experience in1 design and construction of major
industrial installations I believe that I have the applicable skills and experience and I
would approach the position with the dedication that it deserves.
- 4''VV
2b ~"Ve?, Q`1 ?-DIc-)