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                                              TOWN COUNCIL
                                                   MINUTES



CALL TO ORDER


Mayor Collin         led the   regular m etingof the Tiburon Town Council to order at 7 p
                                                                                      30 m
on    Wednes    y   January 6 2010        Town Council Chambers 1505 Tiburon Boulevard Tiburon
California


ROLL CALL


PRESENT          COUNCILMEMBERS                      Collins Fredericks Fraser O Slavitz
                                                                               Donnell

PRESENT          EX OFFICIO                          Town   Manager Curran   TownAttorney Danforth
                                                     Director of Administrative Services
                                                                                      Bigall Director
                                                     of Community Development Anderson Director of
                                                     Public Works Engineer Nguyen Chief of
                                                            Town
                                                     Police Cronin Town Clerk Crane Iacopi


Prior to the  regular meeting     the Council met in closed    session beginning      00 m
                                                                                   at 6 p to discuss
the   following

CLOSED SESSION              00 m
                            6p

  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


CLOSED SESSION ANNOUNCEMENT IF ANY


Mayor    Collins said that there   was   nothing   to announce from the closed session


ORAL COMMUNICATIONS


Miles  Berger Raccoon Lane talked about particulate pollution resulting from wood
                                                                               burning
stoves and fireplaces He said that the Spare the Air Days instituted by the Bay Area Air Quality
Management Board were an attempt to address the health problems and reduce particulate
pollution He asked the Council to adopt an ordinance to require low particulate wood
                                                                      count
burning stoves and fireplaces or gas stoves in all new construction and remodel projects in

DRAFT Town Council Minutes 01 2010                   January 6 2010                           Page   I
Tiburon He said the           County of Marin had adopted            such   an   ordinance along with other cities
such   as   Mill   Valley

William Rothman Belvedere resident said that the structure of the Council meetings did not
allow the public to comment on information presented after the public hearings were closed He
said that the      public   should be allowed to have all the facts           so   that   they   could comment     on   them


Mr Rothman said that the           security     cameras being contemplated for installation by the Town
were   not the     same   kind of cameras in      place   in other
                                                                cities he said that there were only three other
communities in California that had this type of camera rather than hundreds He said the
cameras in these cities were not on all the time nor were
                                                          they located in thoroughfares adjacent
to schools He said that he would be              handing out   information at the schools to                             of the
                                                                                                       warn   people
dangers     of placing the     cameras near      schools


Rothman second
s                       point was that the public did not understand how the cameras would be                            used
He said the     public thought the cameras would be used to apprehend suspects in burglaries                             or   to
look for suspects in Amber Alerts However he said that his discussions with the Chief of
Police led him to believe that
                            they would be used to apprehend felons wanted anywhere in the
state He said that the        proposed policy was       not clear


CONSENT CALENDAR


Mayor Collins        asked if any member of the Council          or    the   public   would like to    remove      any item
from the Consent Calendar for further discussion


William Rothman asked to              pull   Item No 1 for   discussion       David Barker asked to         pull   Item No
10 for discussion


  1    Town Council Minutes                  Adopt   minutes of November 18 2009                 regular meeting Town
            Clerk Crane      Iacopi

  2    Town Council Minutes                  Adopt   minutes of December 2 2009              regular meeting Town
            Clerk Crane      Iacopi

  3    Town Council Minutes                  Adopt minutes    of December 7 2009             special meeting Town
            Clerk Crane      Iacopi

  4    Vacancies      on    Town Boards and Commissions                     Announcement of current and         pending
            vacancies   on   Town Boards and Commissions in 2010                   Town Clerk       Crane   Iacopi

  5    Town Check      Signature Authority Update resolution to give newly elected                            officials
            Town    check authority Director of Administrative Services Bigall
                    signing



DRAFT Town Council Minutes 01 2010                         January 6   2010                                                    2
                                                                                                                        Page
  6     Town   Manager Employment Agreement Adopt and authorize the Mayor to execute the
          Third Amendment to Town Manager Employment Agreement Town Attorney
                                  s
          Danforth

  7     Annual  Development Fee Report Receive annual report on the status of the Town
                                                                                  s
          Development Impact Fees pursuant to the California Government Code Director of
          Community Development Anderson

  8     StreetImpact Fees Receive required five report of the Town Street Impact Fees
                                              year                   s
          andadopt resolution making the required findings pursuant to California Government
          Code Director of Community Development Anderson


  9     22   Mercury         Appeal Adopt resolution waiving fees for reapplication with
                        Avenue

         respect   to  Appeal of the Design Review Board decision to approve a site plan and
                        an                           s
         architectural review application for the construction of a new Single dwelling
                                                                        Family
         Director of Community Development Anderson

  10 Marin       Energy Authority Participation            Review of Marin        Energy Authority     contract for
         renewable electric power Mann Clean Energy Community Choice Aggregation and
         affirmation of December 7 2009 decision to remain in the Marin Energy Authority to
         permit participation in the program Town Manager Curran Attorney Danforth
                                                           Town


  11 Marin       Emergency       Radio
                                  Authority Bond Adopt resolution approving and directing the
         execution of a Restated Operating Agreement approve an Official Statement and direct
         related actions in connection with the refinancing of the County public safety radio
                                                                   wide
         system MERA Director         of Administrative Services Bigall


  12   Irrigation   Water Well at 1600 Mar West Street                Approve     water well     application to
         install and operate a non irrigation well at the Tiburon Peninsula Club
                               potable                                                                     Director
         of Community Development Anderson


MOTION            To    adopt   Consent Calendar Item Nos 1        through   12   with   the   exception   of Item
                  Nos 1 and  10      as   written
Moved             Fredericks seconded by Slavitz
Vote              AYES              Unanimous


DISCUSSION OF ITEMS REMOVED FROM THE CONSENT CALENDAR


  1      Town Council Minutes             Adopt     minutes of November 18 2009          regular meeting Town
         Clerk Crane     Iacopi

William Rothman said the motion     approving the security cameras was not clear he questioned
the   wording of the motion specifically how it was amended by Councilmember Gram


DRAFT Town Council Minutes 01 2010                     January 6   2010                                       Page   3
Mayor   Slavitz    attempted   to   clarify the wording by pointing         out where   a   semi
                                                                                            colon     was   placed   in
the motion


Councilmember Fredericks also           attempted   to   clarify his question by reading        from another section
of the minutes in which the Chief of Police commented                 on    how the   cameras   would be   used and
how the   policy   would be modified


MOTION             To adopt Consent Calendar Item No 1 as written
Moved              Fredericks seconded by Slavitz
Vote               AYES          Collins Fredericks Slavitz
                   ABSTAIN           Fraser and O
                                                Donnell


  10 Marin    Energy Authority Participation Review of Marin Energy Authority contract for
        renewable electric power Mann Clean Energy Community Choice Aggregation and
        affirmation of December 7 2009 decision to remain in the Marin Energy Authority to
        permit participation in the program Town Manager Curran Attorney Danforth
                                                          Town


Town    Manager Curran gave a brief report She said that the Council had conducted a public
hearing on December 7 2009 in which the contract had been reviewed and the question of
whether to continue participation in MEA had been discussed She said that during the three
                                                                                         hour
hearing 12 members of the public and numerous experts from various points of view had
testified She said that the Council had deliberated and at the conclusion of their deliberations
the Mayor had asked if anyone wanted to make a motion to withdraw from MEA No motion was
made Curran said that the Council then directed staff to bring the item back to the Council in
January for affirmation on the Consent Calendar She said that a motion for reconsideration of
the item would need three votes of the Council


Mayor   Collins asked for   public     comment


David  Barker Lagoon View Drive said that he would not rehearse his previous comments on
MEA however he said that the promises made by MEA were overestimated and illusory and
that the risks associated with the venture were greater than those stated by MEA


Barker said that claims    by   the Council that
                                            participation in MEA was simply to give the Town
                                                                                           s
citizens a choice would be true if there was actually a grassroots demand for an alternative energy
provider He said that he had heard only one public speaker so far in support of the initiative and
many more had spoken against it


Barker also   disputed   the claim    by MEA    that   having   an   alternative energy
                                                                                    provider would create                a

demand for renewable energy He said that the              contract being contemplated by MEA did not

bring forth any new sources of renewables He              suggested that MEA issue an RFP for the
provision   of renewable energy       sources




DRAFT Town Council Minutes 01 2010                     January 6     2010                                    Page    4
Barker recommended that the Council vote for reconsideration of the matter and                                 move    to
withdraw from MEA


Miles      Berger     Raccoon Lane said that he would double the number of citizens in favor of
MEA and said that he               supported        s
                                                the Council action to          participate

Bill   Lindquist        Cazadero Lane said he read the Grand Jury Report He claimed the Grand Jury
had done      more      work that any Council on the issue and suggested that the Council drop the
whole idea      commercially unviable He suggested that the Council answer the question
                   as                                                                                                       of
whether they would be willing to invest their own money in the initiative and to go ahead                                   and do
so but not to use the public money
                      s

Bob McDermott              Ridge Road said he supported David Barker analysis of MEA and regretted
                                                                s
that the Grand          Jury report had come out so late He asked whether the Council was planning to
respond      to the     Grand Jury Report


Town       Attorney      Danforth said that the Town response would be
                                                s                                         on    the next Council      agenda

Mr McDermott also asked what the role of the Town Council would                             be going forward
especially pertaining to            the issues raised   by the      Grand   Jury in its report

Mayor Collins said that the Marin Energy Authority meetings                           were   open to the     public   and that
the public could follow the issues in that venue


Councilmember Fredericks said that this                 was    the correct    protocol consistent with the Town
                                                                                                           s
participation      in other     regional agencies       such   as   the   Transportation Authority of Marin and was
the usual     course     and   practice of disseminating        information to residents


Town       Manager      Curran also said that the Town had                provided information many times in articles
written for the electronic            newsletter    Tiburon    Talk       and would continue to do so particularly
when it     came    time for residents to have the choice to stay in MEA                   or   to   opt   out


Councilmember O
              Donnell                    acknowledged that this was           a   difficult issue for   people   He said that
it   was   also   one on   which smart       people can disagree

Donnell
O said that he                      disagreed   with the recommendation of the Grand                 Jury   and that he
believed the venture would be successful in both                     creating competition        and inpushing the ball
forward to achieve             a   reduction in   greenhouse    gas emissions He said that            MEA presented the
greatest opportunity           to obtain renewable power and in that he        disagreed with Mr Barker
                                                                                                 s
conclusion He said that              private enterprises   would follow and join the renewables market


Councilmember O said that MEA
              Donnell                                      presented a greater choice for the consumer                 he noted
that PG had just
     E                      yesterday      announced that     they would reduce their rates by 5


DRAFT Town Council Minutes 01 2010                             January 6    2010                                            Page   5
Mayor                                    simple analogy was that supply did follow demand he
            Collins concurred He said that          a

said that he believed the MEA could provide more renewable energy as time went on and that

ultimately it would own its own facilities He said that he agreed with the goals of the initiative
and that it was worth going forward with MEA


He asked the Council if anyone wanted to make                     a   motion to withdraw from the Marin         Energy
Authority        There   was no   motion to withdraw


MOTION              To   adopt    Consent Calendar Item No              10   as   written
Moved               Fredericks seconded by Slavitz
Vote                AYES              Unanimous


ACTION ITEMS


  1       Town Council Committee             Appointments              Recommendation to      update Council
            Committee  Appointments          list to reflect    new    committee      assignments Mayor Collins
            Town   Manager Curran

Mayor Collins said that Action             Item No A would be heard at the end of the
                                                   1                                                   meeting

  2       Ritter Center Art House            Request      of Chamber of Commerce to co and locate
                                                                                    sponsor                               an

            Art House      on    the Fountain Plaza       Town Manager Curran

Town          Curran gave the report She said that the Town had recently received a request
           Manager
from the Chamber of Commerce to place a privately and uniquely decorated Art
                                        sponsored
House       on   public property    on a   temporary basis She said that             at the end of   seven   weeks   the Art
House would be auctioned off and the       proceeds would go to Ritter House a community
                                                                               based
nonprofit     located in San Rafael that assists Marin low income and homeless population
                                                 s


Curran said that the Chamber          thought      it   was a   worthwhile endeavor and that it would also            serve

to draw visitors to downtown Tiburon She said that                      they requested      that the Art House be    placed
in Fountain Plaza as the most visible entry to the downtown area She also said that local builder
and Chamber member Larry Hadley had agreed to pay the 5 sponsorship fee in exchange
                                                          000
for   a   plaque bearing   his   s
                                 company      name




She said that the Chamber       frequent partner with the Town in events in the downtown area
                                   was a

and that this could be viewed     similar partnership She said that a drawback might be the
                                      as a


setting of a precedent which would open the door for similar requests for use of public space that
the Town might not be able to sustain One way to address this issue Curran said was for the
Town to co the event with the Chamber She said that the Town could issue an
        sponsor
encroachment permit and that the Art House might be located in the plaza in the exact location
where the Chamber
          s                 holiday tree     was   currently     situated




DRAFT Town Council Minutes 01 2010                          January 6    2010                                        Page 6
Vice Mayor Slavitz asked if other locations had been evaluated Curran said that other locations
such                   s
        Ferry Plaza or Blackie Pasture had been considered but that the Chamber thought the
        as

Fountain Plaza was optimal and the most prominent location She also noted that the cities of
San Rafael San Anselmo and Ross had also voted to allow placement of the Art Houses on

public property

Diane Linn Executive Director of Ritter Center said that the issues raised by the                                Council had
been explored by other communities and would be addressed


Ms Linn said that the          goal   of the   project   was   to   bring   a   difficult issue   homelessness          to the

forefront through        a   collaborative effort with the cities and towns She said that there
                                                                                   were                                      six Art
Houses in San  Rafael some on public and some on private property She said that the
organization sought a long partnership with the cities and towns
                      term

Linn said that the artists selected to do the work would be                       appropriate     to the   communities       and
she distributed the      profiles     of two such artists to the Council


Councilmember Fredericks asked if this               project        was   the   same   project   that had been    presented      to
theMayor year ago Ms Linn said that it was
             a                                                      although     she said the    project    had evolved and
changed course to its current format

Councilmember Fredericks asked Ms Linn if what she meant                                   term
                                                                             by creating a long
relationship     with the cities and towns         was   that the organization would request more permits in
the future Ms Linn clarified that she              meant a temporary but long relationship She said
                                                                              term
the houses would        appear        on   March   1St in their locations and would be removed seven weeks
later


In response to a question from Vice Mayor Slavitz Ms Linn said that the houses would be
bolted down or otherwise secured on a steel platform She said that some artists encouraged
interaction with their     pieces touching               but that she felt most         people    were     respectful   of public
art and would not       vandalize the pieces


Vice  Mayor Slavitz asked if the Ritter House would indemnify the Town for damage                                   and
liability He also expressed concern about damage to the bricks in Fountain Plaza

Ms Linn said that the License              Agreement they made available stated that                 the Ritter House would
restore the site to their   original condition           She also said that the Ritter house would                provide
insurance    per the    Vice Mayor question
                             s

Mayor Collins asked          if there would be any type of signage Ms Linn said that the sponsor plaque
would be affixed to the house She also said that         some sort of plexiglass holder
                                                                                        containing
information      on   the house and the        project would        be made available




DRAFT Town Council Minutes 01 2010                          January 6       2010                                            Page   7
Larry Hadley      Vice President of the Chamber of Commerce said that main                           goal   in the Chamber
                                                                                                                   s
view   was   that this would be            tool to
                                  bring business to downtown Tiburon He said that the
                                      a

secondary goal     for him
                        personal that of being a sponsor He said that he had first looked into
                               was

donating his company time to build the houses but had been told there was already a builder in
             s
place

Mayor Collins asked if anyone else from                the   public     wished to comment          Being   none he closed
the public hearing portion of the item


Councilmember Fredericks said that   historically the Council had been unwilling to approve the
placement     of art  temporary
                       on a     basis in the downtown or other publicly prominent areas such as
Shoreline Park or Ferry Plaza She expressed concern about the scope of the project and the
placement of a large four by four foot structure in a relatively small public area especially
given the reluctance      of the Council to endorse artwork                on   public property in the past

Fredericks expressed concern that other non would want to undertake similar projects or
                                        profits
the same project repeatedly She said that the Chamber request to draw attention to the
                                              s
downtown area could be satisfied with the distribution of a map showing the locations of all the
Art Houses as stated in one description of the project and that an alternate location might still be
found


               Donnell
Councilmember O said that he liked the concept of public art He said that this seemed
like
   a worthwhile cause and that the Fountain Plaza was
                                                      preferable to the Ferry Plaza in his
estimation


Vice Mayor Slavitz said that he shared some of the concerns expressed by Councilmember
Fredericks and that he was also concerned about liability to the Town He said he wished there
was another location but that in the end he would vote to
                                                          approve the request at least for this go
round He suggested giving it a try and seeing what happens and to learn from the experience


Councilmember Fraser  agreed he said that it was the right cause for the community and was                              also
                  goals of the community to revitalize the downtown area He said that
consistent with the
Councilmember Fredericks comments deserved further thought and consideration but that
sometimes it was worthwhile to experiment with a new idea


Fraser said that the location had merit in that              so   many    people    would   see   the Art House when    they
came   off the   ferry   or   drove   or   walked into downtown


As to the    liability issue    Councilmember Fraser said that the                                  s
                                                                                   placement of the Chamber holiday
tree did not appear to cause          a   problem    and any      concerns      regarding damage could be addressed
through   the insurance indemnification


Mayor Collins asked if the Art Houses would be                     in   place   for 60   days   Ms Linn said that the
placement of the houses was for seven weeks

DRAFT Town Council Minutes 01 2010                           January 6    2010                                      Page   8
The  Mayor agreed that the Town should be indemnified through the agreement and insurance He
said that he too favored public art in downtown and that this may not be the best location but
rather the only location He asked if it could be moved if for some reason it did not work out for
example for safety reasons
The Town Manager said that this language could be incorporated into the agreement


MOTION               To direct staff to work with the Chamber of Commerce and the Ritter Center to
                     locate   an   Art House   on   the Fountain Plaza and authorize the Town           Manager to
                     enter into anyagreements necessary to facilitate the            project   and   indemnify the
                     Town during  this temporary installation
Moved                Fredericks seconded by Slavitz
Vote                 AYES Unanimous




PUBLIC HEARINGS


  1    Amendments to           Building   Code    Miscellaneous Amendments to Title IV Chapter 13
         Building Regulations           of the Tiburon Municipal Code First Reading of Ordinance
         Director of Community Development Anderson

Director Anderson said the Town
                           s         Building Code was last amended in February of 2009 and
incorporated the newest California Building Code provisions Anderson said that certain sections
of the state code had been identified as areas the Town desired to amend specifically an
amendment to re the Town long swimming pool barrier requirement that
                establish      s standing
was weakened in the 2007 California
                                       Building code when it was adopted by the State He said
that Town requirement consisted of erecting a barrier at least 48 inches in height above grade to
create a passive prevention method around swimming pools



Anderson said the Building Official also recommended the following amendments 1
eliminating provision in the state code that exempts certain types of building awnings from a
               a

building permit and 2 correcting a formatting error in the Town Code that was could lead to
confusion


Councilmember Fredericks asked about the                change   to the state code    pertaining     to   swimming
pools   Director Anderson clarified that the Town could                 adopt   amendments to make the state code
more   restrictive    not   less than the   current code He said that this        was   the   proposal before   the
Council


Mayor   Collins asked if a four
                           foot             swimming pool barrier         was    high enough     Director Anderson
said that it   was   adequate             s
                                   in the Town  experience

Mayor Collins opened          the   public hearing     There   was no   public   comment      Mayor Collins closed
the public hearing



DRAFT Town Council Minutes 01 2010                       January 6   2010                                       Page   9
MOTION              To read the ordinance        by    title   only
Moved               Slavitz seconded by Fraser
Vote                AYES               Unanimous


MOTION              To pass first reading of ordinance by roll call vote and to waive second reading of
                    the ordinance in favor of adoption on Consent Calendar at the next regular
                    meeting
Moved               Fredericks      seconded     by   Slavitz
Vote                AYES               Collins Fraser Fredericks O Slavitz
                                                                 Donnell


  2    Amendments to Leaf Blower Ordinance       Repeal of Title VI Chapter 30 Leaf Blowers
           and Hedge Trimmers of the Tiburon Municipal Code and adoption of a new Title VI
           Chapter 30 Leaf Blowers and Hedge Trimmers First Reading of Ordinance Director
           of Community Development Anderson


Director Anderson said that the Town had                 regulated     leaf blowers since 1995 when it        adopted
restrictions   on   the   days   and hours of operation of gas leaf blowers in residential
                                                           powered                                                  areas

Theseregulations          were   substantially   amended in 2002 when the town voted to ban the                use       of gas
powered leaf blowers         in residential   areas    and to limit the hours and          days   of leaf blower   use   in
residential
non                 areas




Anderson said that in recent months Town staff had received complaints regarding vacuum
                                                                                   type
devises that gather rather than blow around leaves and other debris He said that these
mechanical devices created the           same    noise
                                                  problems as leaf blowers but could not be regulated
under current ordinances           Therefore Anderson said the Police Department could not enforce the
Leaf Blower Ordinance restrictions            on   such devices


When   reviewing the current ordinance to implement this change Anderson said that staff also
tried toimprove the consistency and clarity of the regulations as a whole and make them easier to
use and enforce He
                     pointed out a chart of days and times of operation for all equipment covered
under the current ordinance with the addition of leaf vacuums He also recommended that the
Council consider amending the ordinance to make the days and hours of operation for electric
leaf blowers mirror the days and hours of operation of gas leaf blowers for further ease
                                                        powered
of use and enforcement including the prohibition of use of electric leaf blowers on holidays


Anderson said that staff had received little             public     comment       on   the recommended    changes

              Donnell
Councilmember O said that in                          general     he did not favor
                                                                paper policy and that this
ordinance was not really being enforced He said that professional landscapers preferred the gas
powered equipment because it was more durable and that there had been updates to the
equipment to make it less noisy He questioned the need to continue having the ordinance on the
books at all



DRAFT Town Council Minutes 01 2010                             January 6   2010                                      Page     10
Councihmember Fredericks          agreed that electric blowers were only a little less noisy but                        she said
that there had been       compliance with the ordinance by homeowners and gardeners in her
neighborhood

Vice Mayor Slavitz said that the ordinance provides                        a   mechanism to ban the       equipment    if there is
a problem and that it was beneficial for that reason




Councilmember Fraser said that the                problems     of enforcement could be solved              through
communication He said it             was   the homeowner
                                               s                    responsibility to       inform their    gardeners   and
landscapers of the Town rules but
                   s                              he asked how the homeowner would be informed of these
                                                                   s
proposed changes   to the ordinance


Town      Manager      Curran said that     one   idea   was   to   post   an    easily printable page on the Town
                                                                                                              s
website that could be downloaded                by   homeowners and             given to their gardeners She also said        that
the Town had       a   lot of people in the field that could distribute information


Curran said that it      was   the   practice of the Police Department to                warn   offenders rather than cite
them      she said that the Town        sought compliance with the code

Chief Cronin      agreed   that enforcement of the ordinance                   came on a    complaint basis
                                                                                            made                        He said
that   police   officers did not cite      on   the first call but noted that     they      could issue citations to
homeowners if they did not            comply      He said that the         department sends      a   letter first


Mayor     Collins asked what the fine           was    for   non
                                                             compliance               of the ordinance Chief Cronin said
that it   was   146 in the first instance


Mayor Collins opened the public hearing There                       was no      public   comment      Mayor Collins closed
the public hearing


MOTION              To read the ordinance            by title only
Moved               Slavitz seconded by Fredericks
Vote                AYES                Unanimous


MOTION              To pass first reading of ordinance by roll call vote including the amendment to
                    Section 30 no use of any devices on holidays and to waive second reading of
                             4
                    the ordinance in favor of adoption on Consent Calendar at the next regular
                   meeting
Moved              Fredericks        seconded by Slavitz
Vote               AYES                 Collins Fraser Fredericks O
                                                                  Donnell                       Slavitz


  3     Introduction of        Zoning    Ordinance Amendments                         Introduction and Overview of
           Comprehensive Reformatting and Text Amendments                              to the Tiburon   Zoning      Ordinance
           Director of Community Development Anderson


DRAFT Town Council Minutes 01 2010                            January 6        2010                                             11
                                                                                                                         Page
Director Anderson said that the Tiburon   Zoning Ordinance was last updated in its entirety 20
years ago He said that     Planning Manager Watrous and Lisa Wise Consulting began work on a
comprehensive update       in 2008


The Director said that while most of the standards and              requirements      contained in the ordinance
had stood the test of time and seemed to work well for the Town residents and property owners
                                                           s
the ordinance could nevertheless be refined and updated In addition Anderson said that the
entire ordinance needed to be       reorganized     and reformatted into       a more   friendly
                                                                                        user           document


Anderson said that thePlanning Commission held a total of eight public hearings on the revised
draft Zoning Ordinance during 2009 Depending on the level of detail desired and the volume of
questions and comments from the Town Council Anderson said that one or more hearings may
be needed to complete the review and adoption of the ordinance


              Donnell
Councilmember O concurred that the                         Planning   Commission had done       an   extensive
word   by   word review of the     proposed   ordinance


Councilmember Fraser said that he           might   want to make      only   some    tweaks to the   language    at
this juncture


Councilmember Fredericks said that she would like the                 opportunity to    read the document
thoroughly before commenting

The Council      agreed to continue   the   hearing   on   the   Zoning    Ordinance amendments until the
March    3 2010    regular meeting


ACTION ITEMS


  1    Town Council Committee          Appointments              Recommendation to     update Council
         Committee   Appointments       list to reflect    new    committee    assignments Mayor Collins
         Town    Manager Curran

Mayor    Collins made his recommendations for              new   assignments    as   follows


      Regional   Committees
         ABAG       JimFraser Delegate Emmett O Alternate
                                              Donnell
         CDBG       Emmett O Delegate Jim Fraser Alternate
                           Donnell
         MTA       Jim Fraser to   replace   Tom Gram      Delegate
                                                            as

         RBRA              Donnell
                    Emmett O to                replace Dick Collins as Delegate
         WTA              Donnell
                   Emmett O to                replace Miles Berger as Delegate




DRAFT Town Council Minutes 01 2010                    January 6     2010                                    Page      12
      Local committees
          Jt Disaster   Advisory   Council   Jim Fraser Town Council             representative
          Jt Recreation Committee         Jim Fraser Town Council            representative

      Town Ad Hoc Committees

          Litigation Committee Emmett O to replace Tom Gram Mayor Collins
                                         Donnell
          Budget Administration Councilmember Fredericks Vice Mayor Slavitz
          Corporation Yard Redevelopment Emmett O Mayor Collins
                                                     Donnell
          Lyford  Drive Parking Emmett O Mayor Collins
                                         Donnell
          Downtown issues     Jim Fraser Mayor Collins
          Smoking Ordinance Councilmembers Fredericks and Fraser

Other    appointments
          JPA Oversight     Committee


Vice   Mayor  Slavitz said he would like to step down as the delegate to the Joint Powers                Authority
Oversight    Committee but that he would still agree to be the alternate


Councilmember Fredericks said that         serving   on   this committee      was a   good   way to get to know all
the   regional joint   powers authorities and their missions


Councilmember Fraser said that he would accept the             delegate position       if appointed


          Marin BERST          Emmett   O alternate to replace Miles Berger
                                        Donnell

MOTION           To  accept the new Committee assignments               as   listed above
Moved             Slavitz seconded by Fredericks
Vote             AYES              Unanimous


TOWN COUNCIL REPORTS


Councilmember Slavitz said that he had attended      hearing in San Anselmo on proposed
                                                           a

legislation to ban plastic bags or both plastic and paper bags He said that a group had asked                 to
make a presentation at an upcoming Council meeting which would coincide with the 40th
anniversary of Earth Day

A suggestion was made to add this item to the Council retreat agenda along with the wood
burning ban and a request by Councilmember O to develop a policy on voting at board
                                              Donnell
meetings where there was a lack of a quorum when a boardmember or commissioner had to
recuse   themselves    on an   issue




DRAFT Town Council Minutes 01 2010                   January 6   2010                                      Page   13
TOWN MANAGER REPORT
     S


Town    Manager   Curran said that she had received     a   request from the Tiburon Peninsula
Foundation for Town support of additional historical           plaques along the   use
                                                                                   multi    path She   said
the TPF had requested 2 Curran recommended
                      000                                      a   Town contribution of   1
                                                                                          000 which    could
come    out of the Town   s
                          Manager discretionary       fund


The Council concurred with the recommendation Vice                  Mayor Slavitz suggested   that the POST
commission review the      placement   of the   plaques prior      to   approval

WEEKLY DIGESTS


         Town Council     Weekly Digest     December 11 2009


    0    Town Council     Weekly Digest     December 18 2009


         Town Council     Weekly Digest     December        25 2009

ADJOURNMENT


There being no further business before the Town Council of the Town of Tiburon Mayor Collins
adjourned the regular meeting at 9 p and continued the closed session to Friday January 8
                                 30 m
   00 m
at 4 p




                                                   RICHARD              COLLINS MAYOR

ATTEST




DIANE CRANE IACOPI TOWN CLERK




DRAFT Town Council Minutes 01 2010                 January 6    2010                                 Page   14
                           TOWN          OF   TIBURON                                          Town Council Meeting
                           1505 Tiburon Boulevard                                                   January 20 2010
                                                                                                  Agenda   Item
                           Tiburon CA 94920
                                                                                                                  CC z


 To                          Mayor      and Members of the Town       Council

 From                        Administrative Services      Department

 Subject                     Recommendation to Receive and           Acknowledge     the Annual FY 2008
                                                                                                   09
                             Audit
 Reviewed         By


BACKGROUND


Annually      the Town contracts for the services of an                           auditor to
                                                                       verify the state of the
                                                                    independent
Town finances by examining our financial records and financial condition Again this year the
s
Town retained the independent auditing firm of Marcello  Company to prepare the annual audit
package

ANALYSIS


The actual results of the Town financial activities
                          s                                                         Wide
                                                                  presented in the Government
                                                                    are

Financial Statements          pages      12 and   13   Net assets   good
                                                                    are a indicator of the Town financial
                                                                                           s
position      The Town ended FY 2008 with
                                09                         53 million in net assets a decrease of 7
                                                           1                                      218
over   the   previous      fiscal year


Supplementary explanatory information is provided with the Management Discussion and
                                                              s
Analysis MD beginning on page 3 The MD provides key highlights and a summary
         A                                     A
view of performance of financial activities for the year ended June 30 2009


The auditors have issued            a   report that includes required communications concerning their
responsibility      under
                     generally accepted accounting standards significant changes in accounting
policies and unusual transactions management judgments and accounting estimates significant
audit adjustments and other issues related to performance of the audit In the area of accounting
practices and internal controls there are no findings as to material weaknesses

FINANCIAL IMPACT


There is     no   fiscal   impact   to the Town   by having   the Council accept this financial audit report


RECOMMENDATION


Staff recommends that the Town Council




TOWN OF TIBURON                                                                                        PAGE 1 OF 2
      Move to accept the Fiscal Year 2008 annual financial audit
                                     09                                   as   prepared by   Marcello
      Company   s
                P
                A
                C



Exhibits   Report and General Purpose    Financial Statements of the Town of Tiburon for Fiscal
           Year ended June   30   2009




Prepared By        Heidi   Bigall   Director of Administrative Services
                         TOWN OF TIBURON                                                Town Council    Meeting
                         1505 Tiburon Boulevard                                                 January 20 2010
                         Tiburon CA      94920                                                 Agenda Item




 To                          Mayor    and Members of the Town Council


 From                        Department       of Public Works


 Subject                     Recommendation to   Accept the 2009 Reed Ranch Road and Ridge
                             Road Overlay Project Federal Project No ESPL And
                                                                      008
                                                                      5388
                             Authorize The Filing Of The Notice Of Completion For The Work


 Reviewed      By



BACKGROUND


On June   3 2009 the Council authorized staff to advertise and seek bids for the construction of
the 2009 Reed Ranch Road and             Ridge Road Overlay Project The project        was   posted   and
advertised    as   required by    the State of California Public Contract Code
                                               s

The contract       was   awarded to North     Bay Construction on September 2 2009 in the amount of
318
933           Work consisted of asphalt concrete        grinding and resurfacing localized base repair
and traffic   striping

The work  was substantially completed on December 14 2009 The
                                                                   completed work included two
change orders for unforeseen items of work in the total amount of 4 Based on the work
                                                                  739
performed material installed and total change orders the final construction project cost is
678
294 delivering              the construction    project   under the awarded   budget

The American    Recovery and Reinvestment Act ARRA grant funding is providing 204
                                                                               000
towards   the project Sufficient funds have been programmed in the FY 2009 year to make up
                                                                      10
the remainder


RECOMMENDATION


Staff recommends that the Town Council


       Move to       adopt   a   resolution
                                          accepting this project as complete and authorizing the Director
       of Public Works            Town Engineer to execute the Notice of Completion on behalf of the
       Town        Council and     upon completion of the 35 day period release the retention funds to
       the contractor
                                                                          I   1   t1   C   oun   tl Mc c   lv




Exhibits      ResolutionAccepting the 2009 Reed Ranch Road and Ridge Road Overlay Project
              Federal Project No ESPL And Authorizing The Filing Of The Notice
                                 008
                                 5388
              Of Completion For The Work




Prepared By   Nicholas T   Nguyen Director of Public   Town
                                                       Works   Engineer
                                     RESOLUTION NO                  2010



        A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
       ACCEPTING THE 2009 REED RANCH ROAD AND RIDGE ROAD OVERLAY
                      PROJECT       FEDERAL PROJECT NO ESPL
                                                       008
                                                       5388
                             AND AUTHORIZING THE FILING OF THE
                             NOTICE OF COMPLETION FOR THE WORK




          WHEREAS The Town Council budgeted funds in Fiscal Year 2009
                                                                 2010                               to   complete
the   project

          WHEREAS North Bay Construction Inc                was    awarded the contract   on   September 2
2009 to   perform the work

          WHEREAS The construction of the project             was    substantially completed   under      budget
on    December 24 2009 and


          WHEREAS The final construction cost including payment of total quantities installed
is   294
     678

          NOW THEREFORE BE IT RESOLVED by the                            Town Council of the Town of
Tiburon    as   follows


Section 1          The Town Council does
                                       hereby accept the construction of the 2009 Reed Ranch
Road and    Ridge    Road
                        Overlay Project Federal Project No ESPL as complete by
                                                             5388
                                                             008
North   Bay Construction Inc

Section 2          The Town Council authorizes the Director of Public Works              Town       Engineer   to
execute the Notice of       Completion   and the Town Clerk to record the Notice of Completion


Section 3          The Town Council authorizes the Director of Public Works              Town   Engineer to
release the retention payment 35 days after the recordation date of the Notice of               Completion
pending release of any stop notices or Town claims

         PASSED AND ADOPTED at               a   regular meeting   of the Town Council   on   the   20th day   of
January 2010 by       the   following vote   to wit


AYES               COLNCILMEMBERS
NOES               COUNCILMEMBERS
ABSENT             COUNCILMEMBERS




                                                                                                              2
                                                                                                              1
                                RICHARD   COLLINS MAYOR
                                TOWN OF TIBURON


ATTEST



DIANE CRANE IACOPI TOWN CLERK




                                                          2
                      TOWN OF TIBURON                                                  Town Council   Meeting
                      1505 Tiburon Boulevard                                                  January 20 2010
                      Tiburon CA 94920                                                       Agenda Item
                                                                                                           ofv



 To                          Mayor      and Members of the Town Council


 From                        Department       of Public Works


 Subject                     Resolution     Commending    the California
                                                                       Department of Transportation
                             District
                                    4     for the East BlithedaleOff Widening and Tiburon
                                                                 Ramp
                             Boulevard State Route       131 Overlay Projects

 Reviewed    By


BACKGROUND


In the fall of 2009 the California         Department   of Transportation   Caltrans successfully completed
two  projects on    the Tiburon Peninsula that have       greatly   enhanced access and safety for local

residents businesses         and visitors


The East Blithedale       Off widening and Tiburon Boulevard
                          Ramp                                                 State Route 131   overlay
projects   were   both   officially completed in the fall of 2009

The attached resolution is to commend and thank Caltrans for their work


RECOMMENDATION


Staff recommends that the Town Council


        Move to      adopt   a   resolution   commending the California Department of Transportation
        District 4 for the East Blithedale        Off widening and Tiburon Boulevard overlay
                                                  Ramp
        proj ects




Prepared By         Nicholas T      Nguyen Director     of Public Works
                                                                  Town            Engineer

Exhibit             Resolution
                                         Resolution No 06
                                                       2010


                   A Resolution of the Town Council of the Town of Tiburon
      Commending the California Department of Transportation District 4 for the
 East Blithedale
              Off Widening and Tiburon Boulevard State Route 131 Overlay
              Ramp
                                     Projects


       Whereas in 2001         a   California
                                         Department of Transportation Caltrans Project Study
Report was prepared at the request of the Transportation Authority of Marin formerly the
Marin County Congestion Management Agency to propose improvements aimed at
enhancing safety of exiting traffic at the southbound US Highway 101 off to East
                                                                       ramp
Blithedale Avenue Boulevard by increasing vehicle storage capacity at the off
           Tiburon                                                                 ramp
and


      Whereas the Town of Tiburon the County of Marin and Caltrans entered into                        an

agreement in 2005 to fund the construction of these improvements and

      Whereas construction of these improvements began in                 earnest   early 2007   and   was

successfully completed in October 2009 and

       Whereas in       a   separate project Tiburon Boulevard State Route 131 from US
Highway   101 to Mar West        Street was successfully resurfaced during the summer of 2009
and


       Whereas personnel from the Caltrans San Rafael Construction Field Office oversaw
the construction of both
                     projects successfully mitigating impacts to motorists maintaining
public safety   and   actively coordinating     with Town staff and the   public    and


       Whereas these improvements have improved the quality of life for the residents of
and visitors to the Tiburon
                        Peninsula as well as access to local businesses

       Now therefore be it resolved that the Town Council of the Town of Tiburon hereby
commends Caltrans District 4 Director Bijan Sartipi and the professional men and women of
Caltrans particularly those who worked on the widening of the East Blithedale Off and
                                                                              Ramp
overlay of the Tiburon Boulevard projects who were successful in designing and building
transportation improvements on the Tiburon Peninsula to enhance access and safety for local
residents businesses and visitors

       Passed and      adopted at a regular meeting      of the Tiburon Town Council       on    January
20 2010 by   the   following vote

AYES            COUNCILMEMBERS                      Collins Fraser Fredericks O Slavitz
                                                                              Donnell




                                                           RICHARD COLLINS MAYOR
                                                           TOWN OF TIBURON




                                                                                                  Page   1 of 2
ATTEST




DIANE CRANE IACOPI TOWN CLERK




                                Page   2 of 2
                         TOWN OF TIBURON                                                         Town Council   Meeting
                                                                                                       January 20   2010
                         1505 Tiburon Boulevard
                         Tiburon CA 94920                                                            Agenda Item
                                                                                                                   C Jr
                                                                                                                   1
                                                                                                                   CO



 To                       Mayor   and Members of the Town Council


 From                     Office of the Town Clerk


 Subject                  Recommendation to              adopt   a   resolution in
                                                                                 opposition to a proposed ballot
                          initiative to   require    a   3
                                                         2 vote to form       Local Public Electricity Providers


 Reviewed       By


BACKGROUND


At therequest of Mayor Collins this resolution has been brought forward for consideration by the
Town Council The Marin    Energy Authority adopted a resolution at its December 3 2009 Board
meeting in opposition to a proposed California constitutional amendment ballot initiative entitled
New Two Vote Requirement for Local Public Electricity Providers The Marin County
     Thirds
Board of Supervisors adopted a similar resolution on January 5 2010


The New Two Vote
        Thirds               Requirement for Local Public Electricity Providers would require
local   governments              approval of two of the voters before providing electricity
                          to obtain the      thirds                                                                    to
new customers or expanding such service to new territories if any public funds or bonds are

involved The initiative which will be placed on the June 3 2010 ballot would not require any
                              owned
voter approval for actions of investor utilities


Because this initiative is structured to limit expansion of local public electricity providers
passage of this ballot initiative could limit the ability of non Energy Authority MEA
                                                             Marin
member communities to have the choice of MEA power in the future


Adoption of the resolution is in keeping with the Town Council decision
                                                       s                                        to remain in MEA and
pursue the Marin Clean Energy CCA program

There is   no   impact    to the Town General Fund
                                 s                                   by adopting   this resolution


RECOMMENDATION


Staff recommends that the Town Council                    adopt the attached resolution opposing the proposed
ballot initiative   on   the June 3 2010 ballot


Exhibits                   Draft Resolution


Prepared By                Diane Crane    Iacopi   Town Clerk




TOWN OF TIBURON                                                                                            PAGE 1 OF 1
                                  RESOLUTION NO XX            2010


               RESOLUTION OF THE TOWN COUNCIL OF THE
                           TOWN OF TIBURON
   OPPOSING THE PROPOSED CALIFORNIA CONSTITUTIONAL AMENDMENT
  BALLOT INITIATIVE ENTITLED NEW TWO VOTE REQUIREMENT FOR
                                 THIRDS
                 LOCAL PUBLIC ELECTRICITY PROVIDERS


         WHEREAS in 1997 the State of California deregulated the electricity market with
           give consumers a choice
the intent to                               in   electricity providers ending   decades of
monopolized electricity markets and

         WHEREAS deregulation promised lower rates and better service through
increased  competition and

         WHEREAS the deregulation of the electricity market led to market manipulation
by      investor electricity providers which later admitted to fraudulent
        owned
     some

behavior A direct result of that market manipulation was the energy crisis of 2000
                                                                              2001
and


      WHEREAS in 2001 the State of California rescinded deregulation returning
most ratepayers to the same monopolistic electricity providers that they had prior to
deregulation resulting in the loss of free competition and consumer choice and
                                      market


         WHEREAS in 2002 in response to the collapse of deregulation and its failure to
provide electricity consumers with a choice of electricity providers Assemblywoman
Carole Migden authored and the California Legislation passed Assembly Bill 117
enabling communities to establish Community Choice Aggregation programs and

         WHEREAS Community Choice Aggregation enables any city           county or
                                                                                or

combination thereof to purchase electricity on behalf of its residences and businesses
and can require and obtain a higher percentage of renewable energy in its energy
portfolio than that provided by investor utility and
                                owned


         WHEREAS Community Choice Aggregation offers Californians the opportunity
to choose their    electricity provider and obtain electricity that is qualified     as   renewable

energy    as   established by the California Energy Commission and


         WHEREAS Community Choice Aggregation gives authority to participating local
governments           municipal revenue bonds to build publicly renewable
                 to issue                                  owned
energy  resources to supply electricity to their residents thereby playing an important

role in California greenhouse gas reduction target as mandated in Assembly Bill 32
        s
California Global Warming Solutions Act and
s




                                                                                                      1
       WHEREAS all debt obligations incurred by Community Choice Aggregators                    are

payable   with the   electricity  revenue   of participating customers and not the    general
funds of any of the    participating    cities or counties and


       WHEREAS Community Choice Aggregation programs are mandated under law
to provide electricity users in their service territory with a minimum of four opportunities
to opt out of service provision by the Aggregator and instead continue to receive service
from the incumbent      utility   and


       WHEREAS Community Choice Aggregation programs are certified by the
California Public Utilities Commission and must comply with basic requirements for
supply security thereby ensuring public          confidence in the program and


         WHEREAS Pacific Gas       Electricity the incumbent utility for Marin County
initially supported AB 117 and is required under the provisions of AB 117 to fully
cooperate with Community Choice Aggregators and has a stated commitment to
renewable energy energy efficiency and climate protection and


       WHEREAS Pacific Gas              has in recent years become an opponent of
                                         Electricity
Community Choice Aggregation and is the sole major donor to the ballot initiative
                      Thirds
campaign entitled New Two Vote Requirement for Local Public Electricity
Providers and

       WHEREAS in 2008 the County of Marin and eight of the cities within the County
formed a Joint Powers Authority known as the Marin Energy Authority the mission of
which is to address the greenhouse gas reduction targets put forth in Assembly Bill and
committed to   a   greenhouse      gas reduction   target of 25 below   1990 levels   by   the year
2015 and

       WHEREAS Marin Climate Action Plan identifies Community Choice
               s
Aggregation as a financing and governance mechanism that offers potentially powerful
tools for achieving the County greenhouse gas reduction target as well as for creating
                        s
local green jobs and increasing energy independence and recommends further
exploration of Community Choice Aggregation and

       WHEREAS         on   May 28 2009   request for title and summary was made to the
                                             a
California Attorney General for an initiative to amend the California Constitution entitled
New Two Vote Requirement for Local Public Electricity Providers which would
      Thirds
be placed on the June 3 2010 ballot if sufficient signatures are collected and a copy of
which is attached hereto and incorporated by this reference and


       WHEREAS The New Two Vote Requirement for Local Public Electricity
                       Thirds
Providers adds unreasonable hurdles for California cities and counties to         overcome       in
order to become aggregatepurchasers of electricity and




                                                                                                      2
                               Thirds
       WHEREAS The New Two Vote Requirement for Local Public Electricity
Providers would require submitting any Community Choice Aggregation proposal to the
voters within the proposed jurisdiction of an aggregator for a two vote of approval
                                                               thirds
and


       WHEREAS The New Two Vote Requirement for Local Public Electricity
                                 Thirds
Providers would effectively preclude any entity from becoming an electricity aggregator
as well as virtually prohibiting any existing
                                              Municipal utility all of whom operate on non
profit public interest basis from entering into any new competitive market in California
and now therefore


      NOW THEREFORE BE IT RESOLVED that the Town Council of the Town of
Tiburonfully supports maintaining the consumer right to choose energy from clean
                                      s
renewable sources as provided for under the Community Choice Aggregation law and


       BE IT FURTHER     RESOLVED that the Town Council of the Town of Tiburon
strongly opposes  New Two Vote Requirement for Local Public Electricity
                        Thirds
Providers as being against the interest of California electricity ratepayers against the
                                            s
public interest and a potential setback for renewable energy production and

       BE IT FURTHER     RESOLVED that the Town Council of the Town of Tiburon
strongly urges other Community Choice Aggregation programs cities counties special
districts and Local Agency Formation Commissions to adopt similar resolutions
opposing the New Two Vote Requirement for Local Public Electricity Providers
                     Thirds
and


       PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on this 20th day of January 2010 by the following vote


AYES         COUNCILMEMBERS

NOES         COUNCILMEMBERS

ABSENT       COUNCILMEMBERS




                                           RICHARD COLLINS MAYOR
                                           TOWN OF TIBURON



ATTEST



DIANE CRANE IACOPI TOWN CLERK



                                                                                        3
                                                                                                              Town Council   Meeting
                           TOWN OF TIBURON
                           1505 Tiburon Boulevard                                                                 January 20 2010
                           Tiburon CA          94920                                                                 Agenda Item




 To                             Mayor          Members of the Town Council


 From                           Community Development Department

 Subject                        Approve        adoption of Ordinance No 517 N S Adoption of an
                                               final
                                                                                      s
                                ordinance making miscellaneous amendments to the Town building
                                regulations set forth in Title IV Chapter 13 of the Tiburon Municipal
                                 Code


 Reviewed       by


BACKGROUND


The Town Council             passed        reading of this ordinance following a public hearing on January 6
                                       first
2010 waiving any further               readings The item now comes to the Town Council for final approval
and   adoption

This is   a   consent calendar item The Council motion to
                                        s                                             adopt this item on the consent calendar
will constitute motion to confirm the waiver of second
                     a                                                               reading from the previous meeting and
        the ordinance Each Councilmember vote
                           s                        on the motion to approve this item on the
adopt
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance


Should any Councilmember choose to vote differently on this item than other items if any                                      on

the consent calendar then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded

RECOMMENDATION


Staff recommends that the Town Council approve final                                 adoption   of Ordinance No 517 N S


EXHIBITS

1     Draft Ordinance No 517 N S




Prepared by          Scott Anderson Director of Community                            Development         A

S IAdministrationl Town   CouncihStaff Reports12010Van   20   DRAFTSIbuilding code   amendments second           doc
                                                                                                         reading report
                                   ORDINANCE NO 517 N
                                                    S


        AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
         TIBURON AMENDING VARIOUS PROVISIONS OF TITLE IV
             CHAPTER 13 BUILDING REGULATIONS OF THE
                                 TIBURON MUNICIPAL CODE



       The Town Council of the Town of Tiburon does ordain                 as   follows



Section 1         Findings

   A On      February 6 2009       the Town Council    adopted updated building           fire and other
       related
       construction codes        including but not limited to uniform codes relating to fire
       plumbing electrical housing mechanical dangerous building and administration

   B    The Town Council         now   finds that certain amendments to these codes          as   adopted   are

       necessary and desirable to promote the         public health safety       and   general    welfare


   C   The Town Council has held           public hearing on January 6
                                            a                                   2010 and has heard and
       considered any and all       public testimony on this matter

   D The Town Council finds that all notices and             procedures required by       law attendant to the
       adoption    of this Ordinance have been followed


   E   The Town Council finds that the          adoption   of this ordinance is ministerially exempt from
       the
        requirements of CEQA and is also exempt                under the   general rule set forth in Section
       15061 of the CEQA Guidelines
       3
       b

   F   The Town Council has found that the amendments made                  by this Ordinance       are   consistent
       with the   goals   and   policies   of the Tiburon General Plan


   G The Town Council finds that all    findings set forth or adopted by reference in Town
       Council Ordinance No 501 N S said findings made pursuant to applicable California
       Health    Safety Code Sections including without limitation Sections 17922 179585
       17958 and 18941 remain applicable to these amendments and are hereby adopted by
       7             5
       reference and fully incorporated herein




Town of Tiburon       Ordinance No          N
                                            S           Effective 4
                                                                  42010                                   Page
Section 2         Amendment


A      Tiburon     Municipal Code         Title IV      Chapter 13 Section           13 is amended in its
                                                                                     4
                                                                                     1                               entirety
       to read    as   follows


       1
       4
       13                  Amendments made to the 2007 California                      Building     Code


       The California      Building      Code is amended          or   modified to read      as   follows


       a Section        108 is amended to read
                        1
                        5                                    as   follows


            108 General
            5
            1                          Subject   to the        including Code of Civil Procedure
                                                          provisions     of law
            Section 1822 et seq officers and agents of the building official may enter and
                     50
            inspect public and private properties to secure compliance with the provisions of this
            code and the rules and regulations promulgated by the department of housing and
            community development For limitations and additional information regarding
            enforcement see the following
                           The remainder of this section is unchanged

       b Section         108 is amended
                         8
                         1                         by adding      a    sentence to the end that reads       as   follows


            Nothing      contained in this section shall prevent the town council from                      appointing   the
            town council as the local     appeals board or housing appeals board

       c    Section 202 is amended to add the               following definition

            Residential Kitchen An               area   in which the
                                                          preparation of food for eating occurs that
            hasprovisions        for
                                cooking     heating of food or washing and storing of dishware and
                                                  or

            utensils or refrigeration or storing of food

       d Section        501 is amended to read
                        2                                  as   follows


                  2
                  501      Address Numbers


                  1        The  following        standards for address           markings   shall   apply to   residential
                           buildings

                           a           All residential structures shall           display a street number in a
                                       prominent position         so   that it   shall be easily visible from the     street
                                       The numerals in these numbers shall be                no   less than four inches in
                                       height and one inch in width of a color contrasting to the
                                                   half
                                       background and located so they may be clearly seen and read If a
                                       building is not easily visible from the street then the numbers are
                                       to be mounted at the access drive leading to the building




Town of Tiburon          Ordinance No         S
                                              N                 Effective 2010                                    Page         2
                         b            At each vehicular       access multiple family dwelling complex
                                                                       to   a

                                      having    four         buildings there shall be an illuminated
                                                       or more

                                      diagrammatic representation plot plan of the complex which
                                      shows the location of the viewer and the building units within the
                                      complex
                             C        In multiple family dwelling complexes any building having a
                                      separate identifying factor other than the street number shall be
                                      clearly identified in the manner described in subsection a Each
                                      individual unit of residence shall have a unit identifying number
                                      letter or combination thereof displayed upon the door
                             d        Maps of the multiple family complex will be furnished to the
                                      police and fire departments upon completion of construction The
                                      maps shall include building identification and unit identification
                             e        Buildings shall be numbered in such a manner and sequence as to
                                      meet with the approval of the enforcing authority
                             f        This section shall not prevent supplementary numbering such as
                                      reflective numbers on street curbs or decorative numbering but
                                      this shall be considered supplemental only and shall not satisfy the
                                      requirements of this section

                  2          The  following     standards for address           markings   shall   apply to   commercial
                             buildings

                             a        The address number of every commercial building shall be located
                                      and displayed so that it shall be easily visible from the street
                             b        The numerals in these numbers shall be                 no   less than six inches in

                                      height    one inch in
                                                half                width               contrasting to the
                                                                                 and of a color
                                      background       In   addition any business which affords vehicular
                                      access   to the rear   through any driveway alleyway or parking lot
                                      shall also display     the same numbers on the rear of the building
                             C        When   required by the building official approved numbers or
                                      addresses shall be placed on all new and existing buildings in such
                                      a position as to be plainly visible and legible from the fire

                                      apparatus road at the back of a property or where rear parking lots
                                      or alleys provide an acceptable vehicular access Number height

                                      and width shall comply with Section 5012


       e          Section 903 first sentence is amended to read
                          2                                                         as   follows


                  903 Where
                  2                 required
                  Approved        automaticsprinkler systems          in     buildings and structures shall be
                                                                           new

                  provided in the     locations described in this        section provided that where applicable
                  California Fire Code         provisions     as   adopted by the Tiburon Fire Protection
                  District   or   the Southern Marin Fire Protection              District   are more   restrictive the
                  latter shall control




Town of Tiburon        Ordinance No            S
                                               N              Effective 442010                                   Page
       f        Section 10 13 is amended
                           1                           by adding the following         sentence


                                Guards    are   also   required     at waterfront     bulkheads fixed piers and
                                gangways


       g          Section 1505 is amended to read              as   follows


                  The roof covering      on    any structure regulated by this code shall be as                    specified   in
                  California    Building      Code Chapter 15 with the following conditions


                  1       All   new    buildings   and    new    additions shall have at least           a   Class A
                                                                                                                   listed       or

                          noncombustible roof covering
                  2       Where alterations        or   repairs    existing roofs involve more than fifty
                                                                    to

                          percent of the total         area of an existing building within a one year time

                          period      the entire roof shall be retrofitted with at least             a         listed
                                                                                                         Class A               or

                          noncombustible roof
                  3       Where    applicable      code    provisions adopted by           either the Tiburon Fire
                          Protection District       or   Southern Marin Fire Protection District                   are more

                          restrictive the latter shall control

       h          Section 3109 is amended to read
                          4                                      as      follows


                          3109 Residential
                          4                            Swimming pools Residential swimming pools                        shall
                          comply      with Section 3109
                                                   4
                                                   1                    3
                                                                        4
                                                                through 3109

                          Exception Spas          with    a   safety cover complying         with ASTM F 1346


       1          Section 3109
                          8
                          1
                          4               2     is deleted


       0          Appendix Chapter        1   Administration             is amended   as   follows


           1      Section 101 is amended
                          2                         by deleting the Exception              and   adding      the   following
           sentence to read      as   follows


           This    appendix chapter       shall apply to all occupancies regulated by this code and shall
           be in addition to those        requirements specific to state regulated occupancies contained
           in   Chapter   1 of this Code


           2 Section      103 is deleted


           3 Section      104 is amended to add the
                          6                                         following phrase       to the end of the last
                  sentence



                  including    the warrant      provisions     of Section 1822 et seq of the Code of Civil
                                                                          50
             Procedure of the State of California




Town of Tiburon       Ordinance No             S
                                               N               Effective 442010                                      Page           4
           4       Section 105 is amended to delete subsections 2 4 5 6 and 12 and to
                           2
                  revise subsections 1 and 7 to read as follows


                  1 One   story detached accessory            structures used    as   tool and storage sheds
                  playhouses and similar uses providing the floor area does not exceed 120 square
                  feet and the structure contains no plumbing electrical or heating appliances


                  7  Painting papering tiling carpeting counter tops and similar finish work
                  except that repaving and re of parking lots shall require a permit
                                       or striping


            5      Section 105 is amended to read
                           5                                   as   follows


                  Section 105
                          5       Expiration

                  1       All   permits   issued
                                             by the Building Official prior to April 15 1994 and
                          which have not   expired by limitation shall remain subject to the provisions
                          of Section 303 of the Uniform Building Code 1991 edition as drafted
                                     d
                          by the International Conference of Building Officials For purposes of
                          such permits failure to exercise due diligence and make substantial
                          progress on the work authorized shall be deemed suspension or
                          abandonment of the permit


                  2       All permits issued by the Building Official on or after April 15 1994 but
                          prior to February 15 2002 shall expire by limitation and become null and
                          void eighteen months from the date the permit is issued The Building
                          Official shall have the discretionary authority to extend the permit in the
                          following circumstances

                          a        Where the      project is unusually large or complex          additional time
                                   may be      granted at the time of application or

                          b        Where the  permittee has proceeded with due diligence and made
                                   substantial progress but is unable to complete the project because
                                   of unforeseen circumstances beyond the control of the permittee
                                   one extension of up to six months may be granted In determining
                                   whether due  diligence has been exercised the Building Official
                                   shall consider how soon work began after issuance of the permit
                                   whether work         was   conducted   on a    regular basis and any other
                                   relevant facts Decisions of the             Building Official made pursuant     to
                                   this section may be         appealed   to   the local appeals board


                          C        Once    a   permit   has
                                                      expired pursuant to this section the work shall
                                   not recommence until    a new
                                                                  permit is issued The new permit
                                   shall be issued only if there have been no changes in the original
                                   plans and specifications and a new fee equal to the full original fee
                                   is paid




Town of Tiburon       Ordinance No         S
                                           N                  Effective 2010                             Page
              3         All permits issued by the Building Official on or after February 15 2002
                        shall expire by limitation and become null and void eighteen months from
                        the date the permit is issued except as follows


                        a          Where the                                            four
                                             project is unusually large or complex a twenty
                                   month  permit may  be issued in the reasonable discretion of the
                                   Building Official at the time of initial application or

                        b          Where the     permittee    has   proceeded   with due   diligence   and made
                                   substantial progress but is unable to complete the project because
                                   of unforeseen circumstances beyond the control of the permittee
                                   oneextension of up to six months may be granted without
                                   payment of additional fees or penalties In determining whether
                                   due    diligence   has been   exercised the Building Official shall
                                   consider whether work         began promptly after permit issuance
                                   whether work       was   conducted    on aregular basis and any other
                                   relevant facts Decisions of the        Building Official made pursuant         to

                                   this   paragraph   may be     appealed to the local appeals board

              4         Once the initial       permit    or
                                                         and     approved   six month extension has      expired   a


                        Stop     Work Order shall be issued and work shall not             recommence    until the
                        permit     is reactivated Reactivation shall be allowedonly if there have
                        been    changes
                                 no             in the
                                                original plans      specifications and a Reactivation
                                                                         and

                        Charge equal to the full original fee is paid A Reactivation Charge for
                        purposes of this section is both a fee to recover the cost of providing
                        additional building inspection division services and a penalty for failure to
                        complete the project within the allotted time A permit reactivated under
                        this subsection shall be valid for six months from the date of initial
                        expiration

                  5     If the    project is completed within the six month extension allowed
                                               not
                        under subsection   4 above a Stop Work Order shall be issued on the date
                        of expiration and work shall not recommence until the permit is
                        reactivated Reactivation of the permit for a second six month period shall
                        be allowed only if there have been no changes in the original plans and
                        specifications and a Reactivation Charge equal to three times the full
                        original fee is paid The Building Official may in his sole discretion
                        reduce the penalty based on such reasons as the project nearness to
                                                                        s
                        completion and the cause of the delay A permit reactivated under this
                                     or
                        subsection shall be valid for         an    additional six months from the date of
                        initial   expiration




Town of Tiburon       Ordinance No          N
                                            S               Effective 442010                            Page         6
                  6        If the   project      completed within the six month extension allowed
                                               is not
                           under subsection   5 above a Stop Work Order shall be issued and the
                           matter referred  to the local appeals board for resolution The local appeals
                           board may reactivate the permit upon submission and acceptance of a
                           completion schedule for the project and payment of five times the full
                           original fee as a Reactivation Charge and provided that there have been
                           no changes in the original plans and specifications The local appeals

                           board may in its sole discretion reduce the penalty based on such reasons
                           as the project nearness to completion and the cause of the delay
                                  s                                  or


                  7        If the   project     completed within the six month extension allowed
                                               is not
                           under subsection  6 above or pursuant to this subsection 7 a Stop Work
                           Order shall be issued and the matter referred to the local appeals board for
                           resolution The local appeals board may impose additional requirements
                                                                               builder
                           such as the retention of a qualified contractor for owner projects or
                           retention of a qualified construction manager for a contracted project in
                           order to promote swift completion The local appeals board may reactivate
                           the permit upon imposition of any such conditions deemed reasonable and
                           payment of five times the full original fee as a Reactivation Charge
                           provided that there have been no changes in the original plans and
                           specifications

           6 Section        108 is amended to read
                            2                               as   follows


                           108
                           2          Schedule of Fees
                           On    buildings structures electrical gas mechanical and plumbing systems
                           or    alterationsrequiring a permit a fee for each permit shall be required as
                           set   forth in the Building Division Fee Schedule as adopted by resolution of
                           the Tiburon Town Council and amended from time to time


           7          Section 108 is amended to read
                              4                               as   follows


                                  108 Work
                                  4               commencing       before   permit   issuance
                                  Any  person who              any work without a permit on a building
                                                        commences

                                  structure electrical gas mechanical or plumbing system before
                                  obtaining the necessary permits shall be subject to a penalty as set
                                  forth in the Town Schedule of Fines established
                                               s                                                by resolution   of the
                                  Tiburon Town Council and amended from time to time


           8          Section 112 is amended
                              3                         by adding   thereto the   following   sentence



                                 Nothing contained in this section shall prevent the town            council from
                                 appointing the town council as the board of appeals




Town of Tiburon          Ordinance No          N
                                               S            Effective 2010                               Page        7
        k     Appendix       J GRADING is amended                          as    follows


                  J103
                  3        Grading     Permit Fees Fees shall be                   as   set forth in the   Building   Division
                  Fee Schedule established               by resolution          of the Tiburon Town Council       as   amended
                  from time to time


                    3
                  J 110    Mud Loose Dirt                or   Debris   on   Public Street No person firm or
                  corporation     who has       a   valid     building      demolitionor grading permit shall         permit
                  any   mud loose dirt         or   debris to be removed from the job site and                 deposited on
                  any   public   street   or   sidewalk


Section 3         Severability

        If any section subsection clause sentence or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction such
decision shall not affect the
                          validity of the remaining portions of the Ordinance The Town
Council of the Town of Tiburon hereby declares that it would have passed this Ordinance any
section subsection sentence clause or phrase thereof irrespective of the fact that any one or
more sections subsections sentences clauses or
                                                phrases may be declared invalid or
unconstitutional


Section 4         Publication and Effective Date


        A summary of this Ordinance shall by published and a certified copy of the full text of
this Ordinance shall be posted in the office of Town Clerk at least five 5 days prior to the
Council  meeting at which it is adopted This Ordinance shall be in full force and effect thirty
30 days after the date of adoption and the summary of this Ordinance shall be published within
fifteen 15 days after its adoption together with the names of the Councilmembers voting for or
against same in a newspaper of general circulation in the Town of Tiburon County of Marin
State of California


       This ordinance      was    read and introduced at           regular meeting of the Town Council of the
                                                                       a

Town of Tiburon held        on   the   January      6 2010 and         adopted at a regular meeting of the Town
                                                                           was

Council of the Town of Tiburon held                 on   January 20 20109 by the following vote


AYES              COUNCILMEMBERS


NOES              COUNCILMEMBERS


ABSENT            COUNCILMEMBERS




Town of Tiburon         Ordinance No            S
                                                N                 Effective 2010                                      Page
                                                                 RICHARD COLLINS MAYOR
                                                                 TOWN OF TIBURON
ATTEST




DIANE CRANE               IACOPI TOWN CLERK


S IAdministrationl Town   CouncihStaff
                          Reportsl2010Uan   20   DRAFMbuilding   code amendments   adoption   doc
                                                                                              ordinance




Town of Tiburon             Ordinance No   N
                                           S              Effective 2010                                  Page
                                                                                                              Town Council          Meeting
                           TOWN OF TIBURON
                                                                                                                  January 20         2010
                           1505 Tiburon Boulevard
                                                                                                                       Agenda       Item
                           Tiburon CA 94920
                                                                                                                                       CC


 To                              Mayor          Members of the Town Council


 From                            Community Development Department

 Subject                         Approve       adoption of Ordinance No 518 N S Adoption of an
                                                final
                                 ordinance repealing and adopting revised leaf and hedge
                                                                          blower
                                 trimmer regulations Title VI Chapter  30 of the Tiburon Municipal
                                 Code

 Reviewed       by


BACKGROUND


The Town Council                reading of this ordinance following a public hearing on January 6
                             passed     first
2010 waiving any further readings Before performing first reading the Council amended the
provisions to include a holiday prohibition on use of hedge in residential areas The
                                                      trimmers
chart provided  with the ordinance reflects that change as well


The item     now comes          to the Town Council for final                approval   and     adoption       This is   a   consent

calendar item The Council motion to
                  s                                             adopt this item on    the consent calendar will constitute                 a

motion to confirm the waiver of second                         reading from the previous meeting              and     adopt   the
ordinance Each Councilmember vote
               s                                                on the motion to approve this item on the consent
calendar will constitute the             equivalent       of a    roll call vote and will be recorded within the
ordinance


Should any Councilmember choose to vote differently on this item than other items if any                                              on

the consent calendar then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded

RECOMMENDATION


Staff recommends that the Town Council approve final                              adoption      of Ordinance No 518 N S


EXHIBITS

1    Draft Ordinance No 518 N S




Prepared by          Scott Anderson Director of Community                         Development


S IAdministrationl Town   CouncillStaff Reports1201OUan   20   DRAFMleaf blower ordinance   second           doc
                                                                                                     reading report
                                               ORDINANCE NO 518 N S


          AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
    REPEALING TITLE   VI CHAPTER 30 LEAF BLOWERS AND HEDGE TRIMMERS
         OF THE TIBURON MUNICIPAL CODE AND ADOPTING A NEW TITLE VI
               CHAPTER 30 LEAF BLOWERS AND HEDGE TRIMMERS


The Town Council of the Town of Tiburon does ordain                            as   follows


SECTION 1            FINDINGS


A          The Town of Tiburon          adopted restrictions
                                                        on the operation of leaf blowers and
                                                                                              hedge
           trimmers in 1995 and          finds that amendments to these restrictions are appropriate and
                                        now

           are   of such extent that repeal and re of amended regulations is warranted
                                                adoption

B          On    January          2010 the Town Council held            duly noticed public hearing
                                                                        a                                         and has heard
           and considered         public testimony    on   the   proposed Ordinance

C          The Town Council finds that all notices and                procedures required by            law attendant to the
           adoption    of this Ordinance have been followed


D          The Town Council finds that the amendment actions made                           by this   Ordinance    are   necessary
           for the   protection     of the   public health safety       and welfare


E         The Town Council has found that the amendments made by this Ordinance are consistent
          with the goals and policies of the Tiburon General Plan and other adopted ordinances and
          regulations       of the Town of Tiburon


F         The Town Council finds that this project is categorically exempt from the requirements of
          the California Environmental Quality Act under the general rule pursuant to Section
          15061
          b
          3            of the CEQA Guidelines and is also exempt pursuant to Section 15305 Minor
          Alterations to Land Use Limitations of the CEQA Guidelines


SECTION 2            REPEAL OF           TITLE        VI CHAPTER 30 LEAF BLOWERS AND HEDGE
                     TRIMMERS

Title VI Chapter           30   Leaf Blowers    and   Hedge Trimmers                of the Tiburon    Municipal   Code is
hereby repealed

SECTION 3            ADOPTION OF TITLE VI CHAPTER 30 LEAF BLOWERS AND HEDGE
                     TRIMMERS



Title VI    Chapter    30       Leaf Blowers    and   Hedge Trimmers                of the Tiburon    Municipal   Code is

hereby adopted        as   follows




Town   of Tiburon                   Ordinance No      N S          Effective   12010
                                                                               1
Title   VI Chapter 30 LEAF BLOWERS AND HEDGE TRIMMERS

Sections
1
in       rle
         T

30
2        Purpose and intent
30 Definitions
3
30 Use Restricted
4
30 Enforcement and violations
5




30 Title
1


This    chapter shall be   known       as   the Town of Tiburon Leaf Blower and                Hedge   Trimmer
Ordinance and may be             so   cited


30
2        Purpose     and intent


a          The purpose of this chapter is to regulate the              use     of leaf blowers and   non
                                                                                                     manually
           powered hedge trimmers within the town so                   prevent the unreasonable and continuous
                                                                       as   to

           disruption   of the   community        due to associated mechanical noise and the propensity of the
           devices to broadcast dust and other airborne                pollutants   into the air and onto   nearby
           properties
b          Residential   areas are     being distinguished     from other         areas   of the town because of the

           special   maintenance needs for commercial and other    public areas and the particular
           sensitivity of residential uses to the impacts and effects resulting from the use of leaf
           blowers and non powered hedge trimmers
                        manually

30 Definitions
3


For the purposes of this         chapter      the terms in this section shall have the         following meaning

Electrically hedge trimmer means any hedge trimmer powered by electric means
powered
including but not limited to cordless rechargeable hedge trimmers
Electrically leaf blower means any leaf blower leaf vacuum or other leaf gathering
powered
device powered by electric means including but not limited to cordless rechargeable leaf blowers
Gas hedge trimmer means any hedge trimmer directly powered by an internal
powered
combustion or rotary engine using gasoline alcohol or other liquid or gaseous fuel Electrically
powered hedge trimmers are not included in this definition
Gas leaf blower means any leaf blower leaf vacuum or other leaf device
powered                                                                  gathering
directly powered by an internal combustion or rotary engine using gasoline alcohol or other liquid
or gaseous fuel Lawn mowers lawn edgers and electrically leaf blowers are not
                                                  powered
included in this definition
Non area
residential                  means       any   area   other than residential area as defined herein
                                                                   a

Residential area means any parcel                 of land where the primary use of the property is for
residential purposes such as a single residence duplex apartment building or other form
                                family
of residential structure Street areas up to the center line of the street directly in front of




Town    of Tiburon                Ordinance No         N S         Effective   4
                                                                               12010                                   2
properties used for residential purposes are also considered residential areas for the purposes of
this chapter No parcel with a mixture of residential and commercial uses shall be considered as                               a

residential area for purposes of this chapter


30 Use Restricted
4


a         In any Residential Area


          1         It is unlawful for any       property owner or employee agent or contractor working for
                    a   property   owner   to   operate or authorize the operation of any

                    a        Gas leaf blower to blow leaves dirt or other debris off sidewalks
                             powered
                             driveways lawns or other surfaces at any time within any residential area

                    b        Gas leaf blower to collect leaves dirt or other debris from
                             powered
                             sidewalks driveways lawns or other surfaces at any time within any
                             residential    area




          2         It is unlawful for any       property owner or employee agent or contractor working for
                    a   property   owner   to   operate or authorize the operation of any gas hedge
                                                                                          powered
                    trimmer to     trim   prune   or   otherwise maintain      landscaping      at any time within any
                    residential    area




          3         It is unlawful for any       property owner or employee agent or contractor working for
                    a   property   owner   to   operate or authorize the operation of any electrically
                                                                                          powered
                    leaf blower   any electrically hedge trimmer within any residential area
                                    or powered
                    except between the hours of nine a and four p No use of these devices is
                                                     m          m
                    allowed on the following holidays New Year Day Martin Luther King Day
                                                          s
                    President
                    s             Day Memorial Day Independence Day                       Labor   Day Thanksgiving
                    Day    and   Christmas Day


b         In any Non Area
                 Residential


          1         It is unlawful for any
                                     property owner or employee agent or contractor working for
                    aproperty       operate or authorize the operation of any leaf blower within
                                   owner   to
                        residential
                    any non area except between the hours of nine a and four p No
                                                                           m            m
                    use   of any leaf blower shall be allowed      any Saturday on any Sunday or on any
                                                                         on

                    of thefollowing holidays            New Year Day Martin Luther King Day President
                                                            s                               s
                    Day    MemorialDay Independence Day                     Labor   Day Thanksgiving Day          and
                    Christmas Day


          2         It is unlawful for any property                 employee agent or contractor working for
                                                             owner or

                    a   property   owner   to   operate or authorize the operation of any electrically
                                                                                          powered
                    hedge trimmer within any non area except between the hours of nine
                                             residential
                    a and four p No use of electrically hedge trimmers in any non
                    m           m              powered
                    residential    area   shall be allowed    on   any   Saturday    on   any   Sunday   or on   any of the




Town   of Tiburon                  Ordinance No        N S      Effective   12010
                                                                            4                                                     3
                      following holidays New Year Day Martin Luther King Day President Day
                                             s                               s
                      Memorial Day Independence Day Labor Day Thanksgiving Day and Christmas
                      Day

5
30       Exemptions

Use of leaf blowers and
                    or   hedge trimmers by public agency employees for emergencies                            or   for
park    or   public right maintenance is exempted from regulations of this chapter
                    way
                    of

30 Enforcement and violations
6


a            Violations of this   chapter   will be   subject   to an administrative enforcement process under
             title VI chapter 31 of this code that may include a citation           assessing   a   monetary fine   not to
             exceed two hundred fifty dollars and a verbal or written
                                                or                                  cease   and desist   warning    from
             town officials The town council may          adjust the monetary       fine amount for violations from
             time to time   by resolution

b            Any property owner or employee agent or contractor working for a property owner who
             violates this chapter may also be considered guilty of an infraction and each day such
             violation is committed or permitted to continue shall constitute a separate offense and shall
             be punishable as such Such infraction shall be punishable by a monetary fine not to
             exceed two hundred fifty dollars The town council may adjust the monetary fine amount
             for violations from time to time by resolution


SECTION 4             SEVERABILITY

             If any
                section subsection sentence clause or phrase of this Ordinance is for any reason
held by      a   court of competent
                              jurisdiction to be invalid such decision shall not affect the validity of
the remaining portions of this Ordinance The Town Council declares that it would have passed
this Ordinance and each section subsection sentence clause and phrase thereof irrespective of
the fact that any one or more section sentences clauses or phrases be declared invalid


SECTION 5             PUBLICATION AND EFFECTIVE DATE


             This Ordinance shall take effect and be in force   thirty 30 days after the date of passage
and before the   expiration       of fifteen 15 days after passage by the Town Council a copy of the
ordinance shall be  published         with the names of the members voting for and against it at least once
in   a
       newspaper of general circulation          in the Town of Tiburon


             This Ordinance    was   introduced at
                                       regular meeting of the Town Council of the Town of
                                                      a

Tiburon on January 6 2010 and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on January 20 2010 by the following vote




AYES                  COUNCILMEMBERS


NOES                  COUNCILMEMBERS



Town   of Tiburon                 Ordinance No     N S          Effective   12010
                                                                            1
                                                                                                                           4
ABSENT              COUNCILMEMBERS




                                                               RICHARD COLLINS MAYOR
                                                               TOWN OF TIBURON


ATTEST




DIANE CRANE            IACOPI TOWN CLERK


S W dministrationl Town Council lStaff Reports 120101 Jan 20   DRAFTYleaf blower ordinance for adoption
                                                                                               doc




Town   of Tiburon                 Ordinance No        N S           Effective   12010
                                                                                1
                                   TOWN OF TIBURON
                     LEAF BLOWER AND HEDGE TRIMMER
                           SUMMARY OF REGULATIONS



Type of Device                             In   a   Residential Area        In      a   Non Area
                                                                                        residential
Gas Leaf Blowers
Powered                              Use   prohibited     at all times          Use allowed  only between
                                                                                9   m
                                                                                    a    and 4 p
                                                                                               m  Monday
                                                                                through Friday use
                                                                                prohibited on Holidays

Powered
Electrically        Leaf Blowers     Use allowed    only between 9              Use allowed  only between
                                     a
                                     m     and 4 p
                                                 m     on any day               9   m
                                                                                    a    and 4 p
                                                                                               m  Monday
                                     use   prohibited on Holidays               through Friday use
                                                                                prohibited on Holidays

Powered
Gas         Hedge   Trimmers         Use   prohibited     at all times          Use allowed  only between
                                                                                9   a
                                                                                    m    and 4 p
                                                                                               m  Monday
                                                                                through Friday use
                                                                                prohibited on Hohdays

Powered
Electrically Hedge        Trimmers   Use allowed    only between 9              Use allowed  only between
                                     m
                                     a     and 4 p
                                                 m      on any day              9   a
                                                                                    m    and 4 p
                                                                                               m  Monday
                                     use   prohibited on Holidays               through Friday use
                                                                                prohibited on Holidays


 Holidays are New Year Day Martin Luther King Day
                  s                                       President
                                                          s               Day   Memorial   Day Independence
Day  Labor Day Thanksgiving Day and Christmas Day




SA Council
Administration Staff
Town                      2010Van
                          Reports       leaf
                                     20 DRAFTS blower       use   chart
                                                                  doc
                                                                                   Town Council   Meeting
                    TOWN OF TIBURON
                    1505 Tiburon Boulevard
                                                                                          January 20 2010
                                                                                       Agenda    Item
                    Tiburon CA 94920                                                                    6a 8




To                       Mayor   and Members of the Town Council


From                     Office of the Town   Attorney

Subject                   Recommendation to Approve Response to Grand Jury Report
                          Marin Clean Energy Program


Reviewed By



BACKGROUND

                                                                               Mann Clean
On December 2 2009 the Marin County Civil Grand Jury issued a report entitled
                                                            of the Marin Energy Authority
Energy Pull the Plug The report describes the formation
                                                   Marin Clean Energy MCE The report
MEA and its proposed renewable energy program
                                                                                   minimal
concludes that the risks on this program are too great and the benefits likely
                                                                       of the Marin Energy
Accordingly the Grand Jury recommends that the member agencies
Authorityabandon MCE and attempt to reach their environmental goals by other means


ANALYSIS

                                                        recommendations               The Grand     Jury   has
The    Report concludes with fourteen findings and four
                                                 members each       respond   to   all of the   findings   and
requested             s
             that the MEA       city and town
Recommendations 1                          law
                         through 3 Under State       the Town Council must review and approve the
                           back to the Grand Jury        on or   before March 2 2010
responses which are due to


1         Grand Jury Findings

                                                                                               with the
Under    933 of the Penal Code the Town is required to either state that it a agrees
         05
                                                                 In the latter case we must include an
finding or b disagrees wholly or partially with the finding
                                                           and include an explanation of the reasons
explanation of the portion of the finding that is disputed
                                                                                                   to each
therefore The draft letter attached as Exhibit A sets forth the Town proposed responses
                                                                   s
                                                           least insofar as they pertain   to the Town
finding The Town agrees with many of the findings at
and come within staff knowledge However
or                  s                                the Town believes that the Report greatly under
                                                                                   the hard work that
estimates the potential benefits of the MCE program and does not fully value
                                                                                  and constituents from
member agencies officials and staff have invested to insulate their agencies
                                                                              the ability of Board
undue risk Moreover the report evinces an underlying doubt regarding
                                                            to adequately manage the MCE
members who are elected officials of member agencies
enterprises  This          that the Grand Jury did not consider that those elected official already
                     suggests

I
    See Cal Penal Code   933
                                                                                                     o C  tI
                                                                                                     vvi1 ot
                                                                                                          Ici        tI
                                                                                                                     f g
                                                                                                                     11




                                                                                in their         jurisdictions   but in the
bear significant responsibility for complex               programs not   only              own


region and throughout the State


2        Grand Jury Recommendations

                                                                       Penal Code          05
                                                                                           933     requires   the Town to
In   responding    to the   Grand   Jury Recommendations
                                    s
report   one   of the   following   actions


                                                                                   with                   regarding       the
         a            The recommendation has been                  implemented             a   summary

                      implemented    action


                      The recommendation has not been implemented but will be                        implemented        in the
         b
                      future with a timetable for implementation


         c            The recommendation    requires further analysis with an explanation and the scope
                      and parameters of an analysis or study and a timeframe for the matter to be

                      prepared for discussion by the officer or head of the agency or department being
                      investigated or reviewed including the governing body of the public agency when
                                                                                                     of
                      applicable This timeframe shall not exceed six months from the date
                      publication of the Grand Jury Report

                      The recommendation will not be            implemented because         it is not warranted    or   is not
          d
                      reasonable with     an   explanation    therefore


The Grand       first recommendation is that the Town and other agencies abandon the MCE
                s
                Jury
                                     should reject this recommendation as it is contrary to the
program Staff believes that the Town
Town Council
      s                decision made after multiple publicly noticed hearing and careful
                        policy
consideration of the        potential   risks and benefits of the program


The Grand      also recommends that the member agencies cease their adversarial posturing
                Jury
and work cooperatively with PG and other entities to develop and implement other means of
                            E

meeting environmental        This is the most puzzling portion of the report Staff is not aware of
                               goals
                                                 or agents of the MEA members On the
any actions or statements by officials employees
                                                                                s
                                                                   at the Town Council meeting
contrary the sole hint of such conduct witnessed by staff occurred
of October 21 2009 when a PG representative
                              E                   threatened a lawsuit to stop the MCE program
and said that PG would make sure to undercut MCE prices Again staff recommends that
              E                                   s
 the Town      reject Recommendation           2   as   unreasonable and unwarranted


 The third recommendation in the report is that participating agencies hold publicly noticed
                                                                                     their
 meetings to review all information regarding the MCE program before committing
jurisdiction   remain in the MEA The Town has already implemented this recommendation the
                 to

 Council has held multiple publicly noticed hearings regarding the MEA in general and the MCE
                                                    decision pertaining to these issues at such
 program in particular The Council has taken each
 meetings

 The Grand      Jury did    not ask the Town to          respond   to any other   recommendations

                                                                                                                 R 2 Of
                                                                                                                 uu
                                                                                         no




RECOMMENDATION

Staff recommends that the Town Council


      Move to approve the Town of Tiburon
                                  s             proposed   response to the Marin Civil Grand
                                                     Marin Clean Energy
      Jury Report of December 2 2009 entitled
      s                                         on




EXHIBITS


Proposed Response    Grand Jury Report
                    to

Grand Jury Report of December 2 2009




Prepared By   Ann R Danforth Town   Attorney
Office of the Town Manager
      7383
415 435

                                       January 21   2010




   The Honorable Verna Adams                        Ms Judith H  Chapman Foreperson
   Marin    County Superior   Court                 Marin County Grand Jury
   Post Office Box 4988                             3501 Civic Center Drive Room 275
   San   Rafael      4988
                  CA 94913                          San Rafael CA 94903




            Re     Response   to Grand Jury Report       December   2 2009
                   Marin Clean    Energy Program

   Dear Honorable     Judge   Adams and Ms   Chapman

   This letter         in detail the Town of Tiburon response to the Grand Jury
                 explains                    s
   Report   dated December 2 2009 The Report directs the Town to respond to all
          and Recommendation Nos 1 2 and 3 These findings and
   findings
   recommendations involve a number of agencies other than the Town The Town
   does not have sufficient information to evaluate the     Report
                                                            s        accuracy with respect
   to these other jurisdictions


   The Findings also    involve conclusions of fact that the Town has little   or no

   independent basis    to evaluate   In
                                 responding         to   these
                                                      findings         the Town
                                                                           generally
   assumes    that the information in the
                                   Report is correct and relies on that information
   Lastly the Recommendations require action by agencies and individuals that are
   outside the Town control Accordingly this letter is intended only to apply to
               s
   the Report recommendations insofar as they pertain to the Town
       s

   FINDINGS




   Finding 1 The formation of the Marin Clean Energy Community Choice
   Aggregation creates a new level of government while the county and local
   communities are experiencing reductions in basic municipal services


            Partially Disagree Marin Clean Energy is a separate legal entity with a
            specific focus and purpose not a new level of government Local
            governments through California are struggling to balance their budgets
            which can adversely impact services    One of the primary focuses of
            Marin Clean Energy is compliance with Assembly Bill 32 and the state
            mandated greenhouse gas reduction targets Absent Marin Clean Energy
            each municipality would be required to comply with the emissions
Response to Grand Jury
January 21 2010
Page 2 of 7


           reduction targets individually   despite reductions in basic                 municipal
           services Individual compliance could be more costly


   Finding   2 The Marin Energy Authority is not required to submit the Marin Clean
   Energy    program to   a   vote of the
                                   public although legal this process runs contrary
   to transparent governance and consumer protection standards



           Disagree     Marin  Energy Authority is a public agency and subject to the
           same   open    government laws its members including without limitation
           the   Brown        Act   the     Public   Records   Act   Fair   Political   Practices
          Commission Political Reform Act MEA is one of a number of joint
          powers authorities formed by Marin County public agencies to address
          regional issues of common concern such as the Marin General Services
          Agency the Transportation Authority of Marin the Marin Emergency
          Radio Agency the Marin Telecommunications Agency These entities
          facilitate the efficient use of public resources and are fully consistent with
          transparent governance and consumer protection standards

   Finding   3 Unless     a    participating city town or the County of Marin votes to
   withdraw from the Marin           Energy Authority residential and business customers
   will be transferred to     the Marin Clean Energy program


          Agree although as the report recognizes all          customers have the

          opportunity to remain with PG
                                     E


   Finding 4 The opt option means that all consumers in the participating
                    out
  jurisdictions will automatically become subscribers to the new Marin Clean
   Energy program unless they decide to take affirmative action not to participate

          Agree

   Finding 5 Neither the Board of Supervisors nor the Marin Energy Authority                 has
   fully explored or tried to negotiate partnerships offered by PG
                                                                E


          Disagree      The Board and MEA staff repeatedly met with PG       E
          representatives to explore and attempt to negotiate various programs and
          services to meet the emission reduction goals However PG refused to
                                                                   E
          partner with the County and other jurisdictions unless they abandoned the
          Marin Clean Energy program Request for Proposal process PG opted
                                                                       E
          not to participate in the competitive bidding process
Response to Grand Jury
January 21 2010
Page 3 of 7


   Finding   6 The 2008 Community Choice Aggregation Business Plan is outdated
   and lacks sufficient detail including current pro data updated market
                                                 forma
   analysis load projections customer exit fees and the specified quantitative risk
   analysis

          Disagree The Business Plan and other associated documents available
          for public review on the Marin Energy Authority website are extremely
          detailed prepared by industry experts in concert with local officials
          member agencies and the public      The documents have been through
          various levels of independent peer review and have been available for
          public review on the Marin Energy Authority website In particular an
          extremely detailed CCA program implementation plan was adopted by the
          MEA board      on   December 3 2009 and submitted to the California Public
          Utilities Commission    on December 4




   Finding   7 The construction of owned facilities is
                                                     requirement for the success of
                                                         a

   the Marin Clean Energy program Due to community resistance and planning
   constraints it is highly unlikely that the Marin Energy Authority will succeed
   with local construction of sufficient large renewable energy sources within
                                         scale
   Marin County


          Disagree Nothing       in the MCE Business Plan    requires   the construction of
          owned assets        The construction of owned assets would have certain
          advantages but the program could be successful without it Moreover
          there is no basis for the report conclusion that MEA could probably not
                                    s
          meet its  generation goals without large projects MEA staff believes
                                             scale
          that distributed generation has great potential in Marin and is growing in
          popularity

   Finding 8 Neighboring communities have successfully implemented a wide
   variety of efforts to target energy efficiency and greenhouse gas reduction within
   their communities through partnerships with local agencies foundations and
   E
   PG


          Agree Neighboring jurisdictions have been successful at these programs
          and these programs are likely to be successful in Marin as well However
          pursuant to the projections Marin Clean Energy is likely to result in
          greenhouse gas reductions at 50 times greater impact than all of the other
          programs combined in Marin The Town of Tiburon will continue to
          explore other measures to reduce energy use and harmful emissions and
          we   expect that the Marin Energy Authority and other public agencies in
Response to Grand Jury
January 21 2010
Page 4of7


          theCounty will do so as well However unlike MCE most such measures
          require General Fund contributions such funds are likely to be in short
          supply for the foreseeable future as the Report implicitly acknowledges in
          Finding No 1

   Finding 9 The degree of commitment           to Marin Clean   Energy has distracted local
   agencies from the pursuit of the wide        range   of other options available to reduce
   greenhouse gas emissions

          Disagree In fact early in the process of forming the Marin Energy
          Authority the Town and other participants decided to expand the scope of
          the proposed JPA to include other measures to reduce greenhouse gas
          emissions   For its part the Town adopted ordinance imposing green

          building requirements and has actively participated in the BERST Task
          Force


   F 10 The risks of this venture       are               ignore in spite of repeated
                                              far too great to
   assurances   from the Marin      Energy Authority Multiple reviews have identified
   significant ratepayer risks

          Partially Disagree      Any new enterprise entails risks that must be
          identified mitigated eliminated or accepted         The Marin Energy
          Authority and its members have identified and worked to mitigate all
          major ratepayer risks and all risks to member agencies        The last
          significant concern is that if PG rates decrease after the MEA enters
                                         s
                                         E
          a contract with its provider ratepayers may choose to transfer back to

          PG for cheaper albeit less green energy However member agencies
          E
          are aware of this risk and MEA has mitigated its exposure through

          contractual obligations and assurances Nonetheless if a ratepayer faces
          this risk they retain the option to opt out of the Marin Clean Energy
          program and return to PG After the initial opt period they may
                                  E                      out
          have to pay a nominal exit fee similar to that charged by PG under
                                                                    E
          similar circumstances


   F 11 The service contract        recently approved by the Marin Energy Authority
   Board is   incomplete   and   only covers Phase I and excludes pricing

          Disagree    The    parties   have       pricing formula for both Phase I
                                              agreed   on a

          and Phase II   In the worst case if prices are not equal to or below
          PG rates there will be no contract Pricing is something based on the
          E
          s
          market much like locking in an interest rate for a mortgage and will be
Response to Grand Jury
January 21 2010
Page 5 of 7


          finalized   prior   to contract execution in the
                                                     Spring of 2010 for Phase I and
          2011 for Phase II         defaulting requirement remains that the Marin
                                       The
          Energy Authority will only execute a contract if the cost to the ratepayer is
          at or below PG projected costs for the light green option
                      E
                      s


   Finding   12    The actual rates Marin Clean        Energy    will   charge   the   majority   of its
   customers      most of whom     are   residential   may not be known until late 2011              or

   early 2012

          Agree       As   expressed     in   F11 Phase II which        may be the bulk of the
          residential customers will not have finalized rates until 2011


   Finding 13     The Grand     Jury finds that most monies spent          to date have been for

   professional    services of attorneys consultants and outside peer reviews The
   Grand Jury    believes that these expenses   are indicative of the highly complex

   nature of this undertaking



          Agree       The Town believes that these monies have been                    spent
                                                                                       well          to
          evaluate the     potential   risks and benefits of the program


   Finding   14 Placing this complex expensive and volatile business venture in the
   hands of rotating city elected officials charged with other obligations
                       county
   presents the Marin taxpayers with an unacceptable risk


          Disagree Taxpayers sole risk in the MCE program are the County s
          540 load and any other loans or guarantees provided by Marin public
          000
          agencies The Town has not provided any loans or loan guarantees
          Elected representatives manage policy on a wide range of complex
          expensive and volatile issues in their own respective jurisdictions
          including land use public works projects transportation projects
          commercial development ventures affordable housing community service
          programs public safety services and energy programs         In addition
          Marin elected officials share a long history of working cooperatively on
          s
          complex County programs
                    wide                        To be sure the elected officials

          generally rely heavily  on   experienced professional staff to provide
          analysis and advice This will be the case for the MCA program as well

   The Grand    Jury has   not asked the Town to       respond   to any other    findings
Response to Grand Jury
January 1 2010
2
Page 6of7


   RECOMMENDATIONS


   Recommendation 1 That the Marin Clean                    Energy    program be abandoned


            The Town of Tiburon will not              implement      this recommendation because it
            is   unwarranted       and unreasonable             The Town has       no    authority   to
            abandon the MCE program      As a member of the Marin Energy
            Authority the Town had the option to withdraw but elected not to
            exercise that    option      At   a   noticed
                                                       public hearing regarding the potential to
            withdraw the members              of the Town Council unanimously expressed their
            view   that     the   MCE         was   a low low means of reducing
                                                      risk cost
            greenhouse      gases


   Recommendation 2 That the county and all participating municipalities of Marin
   Energy Authority should step away from their adversarial public posturing and
   seriously work with foundations federal state and local agencies and PG to
                                                                           E
   foster cooperation Moreover       rather than create a costly and very risky new
   county bureaucracy efforts and resources should go forward to form
   public partnerships that will enable the county and all of the cities to
   private
   achieve their present and future environmental goals


            The Town of Tiburon will not              implement      this recommendation because it
            is   unwarranted       and   unreasonable           The Town has
                                                                       engaged in  not
            adversarial posturing with any of the named entities including PG
                                                                           E
            That said the Town remains ready to explore other cooperative
            approaches to achieve environmental goals

   R3 That in the event the Marin Clean        Energy program is not abandoned the
   Board of Supervisors           and all
                                    participating municipalities review all available
   documentations     and   demonstrate     their   confidence understanding and
   commitment to this project by voting at a publicly noticed meeting prior to
   committing their respective jurisdictions to final membership

            The Town of Tiburon has          already implemented this recommendation The
            Town Council has held          multiple public meetings on the issues concluding
            with the   meeting     on   January 4 2010 All of these meetings were publicly
            noticed


   The Grand     Jury has   not asked the Town to           respond   to any other recommendations
Response to Grand Jury
January 21 2010
Page 7 of 7




   The Tiburon Town Council reviewed and             approved this response on January 20
   2010 at   a   duly   noticed and   agendized public meeting If you have further
   questions     on   this   matter please do not hesitate to call


                                                Very truly   yours



                                                MARGARET A CURRAN
                                                Town   Manager

   cc   Town Council
        Town      Attorney
        Town Director of Community            Development
                   TOWN OF TIBURON                                                  Town Council     Meeting
                   1505 Tiburon Boulevard                                                    January 20    2010
                                                                                          Agenda   Item
                   Tiburon CA       94920
                                                                                                           CC


 To                  Mayor and Members           of the Town Council


 From                Office of the Town Clerk


 Subject             Proclamation in honor of the         League   of Women Voter
                                                                            s           90th Anniversary

 Reviewed     By       kI

BACKGROUND


The League of Women Voters of Marin County is celebrating the 90th Anniversary of the League
of Women Voters on February 14 2010 The President of the Marin Chapter Margy Eller
contacted the Town    Manager    and asked her tobring forward a proclamation in honor of the
occasion The    proclamation pays tribute to the League of Marin County for all they do to keep
our   communities informed active and strong


                            90th anniversary will take place on February 11 th from 5 to 7 pm at
A celebration in honor of the
the Cape Marin Club house at Laderman Lane and Barry Way in Greenbrae The Mayor and
council members are cordially invited to attend and the proclamation if adopted will be
presented at that time

RECOMMENDATION


Staff recommends that the Town Council consider            adoption   of the attached   proclamation in hone
of the League of Women Voters 90th Anniversary

Exhibits              Draft Proclamation


Prepared By           Diane Crane   Iacopi   Town Clerk




TOWN OF TIBURON                                                                                 PAGE 1 OF 1
                       TOWN OF TIBURON PROCLAMATION
                               IN RECOGNITION OF THE

                90TH Anniversary          of the League of Women Voters



WHEREAS the League of Women Voters of Marin County has long been                         a   leader in
promoting good government in Marin and

WHEREAS the League of Women Voters is a non political organization that
                                              partisan
has fought since 1920 to improve our system of government and impact public policies
through   citizen education and   advocacy      and


WHEREAS the League of Women Voters of Marin County believes in representative
government and in the individual liberties established in the Constitution of the United
States and

WHEREAS the League of Women Voters of Marin County has always worked                            to

promote the values and processes of representative government and

WHEREAS the Marin League collaborates with other organizations                      to achieve mutual

goals increase public participation      create   lasting change    in the   community    and the Make
Democracy Work and

WHEREAS the League for 90 years has held the public                 trust   by respectfully bringing
elected leaders andpublic together through non
                                           partisan                civil    means and through

thoughtfully advancing solutions and

WHEREAS Marin County has benefitted tremendously from the countless volunteer
hours donated   by League    members     over   its 90 year   history   of enhancing   our   democracy
and


NOW THEREFORE the Town Council of the Town of Tiburon Marin California
does hereby proclaim the 14th day of February 2010 as the LWV Making Democracy
Work Day in honor of the League of Women Voters 90th Anniversary and urge all
residents of Tiburon and Marin County to pay great tribute and respect to the League of
Women Voters for all   they   do to make    our   community healthy          vibrant and strong


PASSED AND ADOPTED at             a   regular meeting   of the Tiburon Town Council held this
20th day of January   2010




                                                              RICHARD COLLINS MAYOR
                                                              TOWN OF TIBURON
                                          TIBURON                                       Town Council  Meeting
                       TOWN        OF
                       1505 Tiburon Boulevard                                                 January 20 2010
                                                                                            Agenda   Item
                       Tiburon CA 94920




 To                        Mayor     and Members of the Town Council


 From                      Office of the Town Clerk


 Subject                   Appointments to fill vacancies on Town Boards            Commissions
                           Committees Planning Commission Vacancies
 Reviewed      By
                           6644
BACKGROUND


Two vacancies       were   created   on   the   Planning   Commission after the election of Jim Fraser and
Emmett O to the Town Council
       Donnell                                      onNovember 3 2009 The Town Clerk          published    a

notice of these vacancies in         December      2009


At the   January 6     2010   meeting     the Mayor announced all the vacancies on Town boards
commissions and committees in the             coming year which include pending vacancies on the
Heritage      Arts    Commission the        Library Agency Board and POST commission in addition               to
the current   Planning     Commission vacancies


Three    3 applications       have been received to date for the two       2 Planning   Commission vacancies
Interviews have been scheduled for the             January 20    2010   meeting

RECOMMENDATION


Staff recommends that the Council interview the               applicants and consider appointment    to fill the

vacancies     or   direct staff to continue the item       pending further interviews

Exhibits Notice of Planning Commission Vacancy December 2009
         Applications of Frank Doyle Erin Tollini and Lou Weller

Prepared By   Diane Crane   Iacopi   Town Clerk
                                 TOWN OF TIBURON
                  NOTICE OF PENDING VACANCIES
                                         i nnn
                                         LiCUU   lULA   GVV7




PLANNING COMMISSION


Statutory Authority   California Government Code Section 65101
                      Tiburon    Municipal Code     Title I Chapter 2 Article III
                      Tiburon    Municipal Code     Title IV Chapter 16 Article IlI Section 16
                                                                                            4
                                                                                            3


Purpose               The    Planning Commission     serves as   the
                                                               Planning Agency for the Town of
                      Tiburon and reviews and acts      applications for conditional use permit
                                                        on

                      condominium use permit minor subdivision and certain other
                      applications Decisions of the Commission are final on these applications
                      unless the decision is appealed to the Town Council The Planning
                      Commission also makes recommendations to the Town Council regarding
                      applications for general plan amendment rezoning pre zoning
                                                                       zoning
                      text amendment Precise Development Plan and amendment thereto major
                      subdivision and master plan amendment The Planning Commission is
                      also responsible for maintaining a viable Tiburon General Plan which
                      involves the formulation of a broad range of land usehousing
                      transportation open space conservation safety noise and recreation
                      policies interpreting the meaning of the Tiburon General Plan and the
                      Tiburon Zoning Ordinance when the meaning thereof is not clear
                      requesting opinions of the Town Attorney when deemed necessary
                      supervising the administration of the Tiburon Zoning Ordinance and
                      making recommendations to the Town Council as requested and as may be
                      provided by law

Qualifications        Applicants   must reside within the    corporate boundary of the Town of
                      Tiburon and have the  interest dedication and time commitment to promote
                      the general  welfare of the
                                                community through proper application
                      interpretation and  implementation of the Tiburon General Plan and
                      Tiburon Zoning Ordinance


Term                  Four   4years The appointments to fill these vacancies would be for the
                      remainder of the term only the appointees would need to reapply at the
                      expiration of the term
The   pending vacancies      on   the   Planning Commission have        occurred   as   follows


          Appointee                     Date   Appointed         Date   Resigned            Term   Expires

1         Jim Fraser                    February 2004            December     4 2009        February 2010
                                        February 2006
2         Emmett O
                 Donnell                March 2006               December 4 2009            February 2011
                                        March 2007


Pending certification of the November 3 2009 Municipal Election Mssrs Fraser O will be sworn
                                                                               Donnell                       in   as

membersof the Tiburon Town Council on December 2 2009 and will take office on December 4 2009


Deadline for Receipt ofApplications is December 15 2009
Interviews will be scheduled in January 2010 position open until filled


Interested residents   can   call 435 for
                                  7377                an                    your application and letter of
                                                           application Submit
interest to Town Clerk c 1505 Tiburon Boulevard
                       o                                           Tiburon CA 94920 Applications can also
be found                      ci
                              us
                              ca
                              tiburon
          on the Town website www
                 s                                                  link to Useful Forms



Notice to be published in The Ark       on   November I1    18 December 2     9 2009
                                    Tiburon
Posted at Tiburon Town Hall and the Belvedere Public                Library
                                    TOWN OIF                    TtBURON

                COMMISSION BOARD
                                                                                                   i


                                                                          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     WES
                      and activities the Council needs to know your intees in
                                                                                              Tibi
governmental process
serving   the Town in      some     capacity                                                                  F

      Please indicateyour specific areas of interest and special skills or experien
                                                                           e
which would be beneficial to the Town by completing both sides of this formm ra d
returning it to Town Hall The application form can also be found on the Town s                                r




website   www d t    buron ca us                                                                      N




      Copies      of the                                               i
                                 will be forwarded to the Town Council ana an
                             application
                                                                wd1
informal interview will be scheduled when a vacancy occurs Your applicati6n
remain    on   file at Town Hall for     a   period         of one   1 year                       4h              j




      Thank you for your            willingness      to serve the Tiburon        community


                 EC E I V E
                         4   2009                                Diane Crane Iaco ri
                 Nov 2
                                                                 Town ClerkY
                   TOWN CLERK




                                       AREAS OF INTEREST
                                                                                                  4




                         Dl T X7
                            s
                            iS                        1     A
                                                            oT s
                                                            a             ILr
                             aa
                             a    aw
                                  aua
                                  aa    i vs
                                          a    ei           va il cn7au
                                                               Fiii       YllGllVAI
                                                                          1 Vl iGl
                                                    cataJ

                                       1 Being the Greatest Interest

          PLANNING                                     PARKS OPEN SPACE T F                               k

          DESIGN     REVIEW                         JT RECREATION COMMITTEE
HERITAGE                       ARTS                 DISASTER PREPAREDNESS
          LIBRARY                                                 MARIN COMUMSSION ON AGING




                                                            1
                                                    PERSONAL DATA
                        PLEASE      PRINT OR TYPE        A RESUME          MAY BE ATTACHED AS WELL


NAME                    Emp
                        lyll              X tA Le

MAILING ADDRESS                           86 P p t 41 LL Io
                                             00          oyf                                     Tl r6o p cp 6rqq Zd


TELEPHONE Home                           615
                                         66              Work               R 3 5188 Fax No


PROPERTY OWNERS ASSOC If applicable


TIBURON RESIDENT Years                               f4                    DATE SUBMITTED               Liu        O

                                          REASONS FOR SELECTING
                                          YOUR AREAS OF INTEREST


                                                                                             J       Rc      W
                                                                                                             ll




                         Y1h 92            D
                                           2
                                           P                      t
                                                                  41              T1 rDS I A
                                                                                     C
         n
             NT

         s    i     E        1           Pd              i   L 0M                a           c   lam F tJ
                                                                                                        02    VA       k
         D    yk    r    vtc        yTv a e




                                         APPLICABLE UALIFICATIOLVS
                                              A10 EXPERIENCE


         U 111J E               o Lu P     J        F0        0   j   11



                                L         L                   C216 yj

         1 DA4a
           L                 M P ETL
                             m                  C   RAT                    r2             1 boat 0 Pz
                                                                                          k        tj



              i         1e                 M tIJ L Tv T Ot        t            o
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                                     Town Hall Use


                                                         O
                                                                                                                   COAAA16WCQ
 Date    Application         Received                                      Interview Date
                                                                                                                       A
Appointed      to                                                                                Date
                                                              i

Date Term      Expires              am    NOV 2 Al                              Length   of Term


                                              TOWN CLERK
                                          ZDWN OFZIBURON          2
                                                                                     DEC 1 C 2000

                                                                                       TOWN CLERK
                                                                                     TOWN OF TIBURON




     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
s
Tiburon 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 of Interest in Numerical Order
                                        s
                                   I Being the Greatest Interest
 1
       PLANNING                                           PARKS        OPEN SPACE
       DESIGN REVIEW                                      RECREATION
       HERITAGE            ARTS                           DISASTER PREPAREDNESS
         LIBRARY                                           MARIN COMMISSION ON AGING
       PEDESTRIAN
       BICYCLE ADVISORY COMMITTEE
                                              PERSONAL DATA
                                   Only computer or typewritten copy
                                        generated                                                        will be   accepted
                         Attach separate pages              including          resumes     and   cover    letters if necessary
                              Toilini
NAME

                                             22       Racoon            Lane        Tiburon         CA      94920
MAILING ADDRESS

                                            b4b
                                            LLlb
                                            J4                                       same                                   N
                                                                                                                            A
TELEPHONE Home                                                          Work                                 Fax No

                                                                                          Lytord Love            Neighborhood           Associatio
PROPERTY OWNERS ASSOC If applicable

                                                                z                                                          16
                                                                                                                           12
                                                                                                                           09
TIBURON RESIDENT Years                                                          DATE SUBMITTED


                                                  REASONS FOR SELECTING
                                                 YOUR AREAS OF INTEREST

Tiburon        was             first       choice       of          towns      when                                 the
                         my                                                               relocating         to            Bay    Area    for    its

charm      and         town
                       small               appeal           I       would      like       to   be   involved          in                       that
                                                                                                                           protecting
appeal while promoting sensible progression for residents and businesses


                                            APPLICABLE QUALIFICATIONS
                                                            AND EXPERIENCE

         With          over    five       years       experience               as    a    corporate                         at                   Wall
                                                                                                           attorney               a    large
Street        firm        I    am
                                     adept       at    comprehending                     and                                 codes
                                                                                               applying complex                          and

regulations in                 a    variety       of    contexts                    My practice           also      required extensive
negotiation              and       conflict       resolution                    I    believe        these       skills      would       serve    me

well     as    a       planning          commissioner

         For       a    little       over    a    year              I   have    been       a   member      of      the    Tiburon
                                                                                                                          Belvedere
Joint      Recreation               Committee           which            has    provided         hand
                                                                                                 first                   experience       to    some

of   the      challenges             faced       by Tiburon                    My service                 the    board      has
                                                                                                    on
                                                                                                                                      inspired    me


to   get      more       involved         with        the   Town          and        specifically               the      planning commission
                                                            Town Hall Use


Date   Application            Received                                               Interview Date


Appointed to
Commission Board                    or   Committee                                               Date

Date Term          Expires                                                                                of Term
                                                                                               Length


     p                         V
                                   9009

                              CLL
                              Rfi
                   DWN
                   T                                                            2
                    IBURON
              erDWN OFZ
                                 ERIN RILEY T
                                            OLLINI

                                            22 Racoon Lane
                                        Tiburon California 94920
                                                 2216
                                             646 345
                                         com
                                         erin2000@hotmail

EXPERIENCE


      Cahill Gordon         Reindel LLP                                          New York New York
     Associate                                                     September 2002     February 2008
      Drafted various documents on behalf of investment banks and
                                                                    company clients for public
      and Rule 144A S transactions including initial public offerings secondary offerings
               Reg
      investment grade convertible and high yield debt
                                                       offerings project finance exchange
      offers and tender offers and consent solicitations
      Drafted and negotiated commitment letters engagement letters fee letters and
      documents in connection with secured and unsecured syndicated bank and
                                                                                bridge loan
      facilities
      Interacted    on a   daily basis with company management investment bankers public
      accountants and SEC officials
      Independently conducted and coordinated legal due diligence on throughout the U
                                                                    site            S
      Supervised due diligence and transaction teams of up to five associates
      Active role in recruiting


EDUCATION


      Fordham    University School of      Law                                   New York New York
      JD
                                                                                          May 2002

      Grade Point Average            00
                                     4
                                     25
                                     3
      Approximate top 30        of class


      Honors               Member of Fordham Journal of Corporate and Financial Law
                           Quarterfinalist in William H Mulligan Moot Court competition
                           Council representative of Student Bar Association




      Murray State University                                                     Murray Kentucky
      B
      A     summa cum        laude
                                                                                         May 1994

      Major Organizational Communications
      Minor Spanish
      Grade Point Average 300
                           4
                           82


      Honors               Dean List each semester
                           s
                           Member of Gamma Beta Phi     a   National Service Oriented Academic
                              Society

ADMISSIONS


      Admitted to   practice in California and New York

ACTIVITIES AND INTERESTS


       Current Member of the Belvedere Joint Recreation Committee
                             Tiburon
       Writing Running Snowboarding Traveling Sailing            and   Reading
                                                                                           ECEIVE
                                                                                      0    JAN 12 2010   D
                                 TOWN OF TIBURON                                        TOWN CLERK
                                                                                      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 Fall The       application      form   can   also be found   on   the Town
                                                                                               s
website   6buron
          6
          wwu
          ca
          us


      Copies     of the   application       will be forwarded to the Town Council and              an

informal interview will be scheduled when                a v occurs
                                                           acancy            Your   application   will
remain   on   file at T Hall for
                      own               a   period   of one   I dear

      Thank you for your         willingness    to   serve   the Tiburon   community



                                                         Diane Crane     Iacopi
                                                         Town Clerk

                                                                            4



                                     AREAS OF INTEREST

                        Please Indicate Your
                                          Area of Merest in Numerical Order
                                          s
                                     I Being the Greatest Interest

          PLANNING                                       PARKS OPEN SPACE                  TRAILS
         DESIGN REVIEW                                   JT RECREATION COMMITTEE
         HERITAGE           ARTS                         DISASTER PREPAREDNESS
          LIBRARY                                         MA COA1MTSSION ON AGING
                                                          IN
                                                          R




                                                     1                                    h
                                                                                          N      a
                                                                                                 e
                                               PERSONAL DA Al               A




                        Only computer
                             generated                or   type
                                                           witten      copy will be       accepted
                    Attach separate pages      including   resumes   and   confer   letters if nece nary


NAME           Louis Feller


Street         ailing      ADDRESS             291 Blackfield Drive Tiburon 94920


e
mail                lwelier wdeloitte
                            com


TELEPHONE Home 415 Work 415 Fax No 41
               435
               72
               17       783
                        4459       783
                                   5
                                   9029


PROPERTY OWNERS ASSOC                               if applicable


TIBUTRON RESIDENT                   Years
                                    20                       DATE SUBMITTED January 12                         2010

                                      REASONS FOR SELECTfN G
                                      YOUR AREAS OF INTEREST


ATTACH ADDITIONAL PAGES IF NECESSARY
Have been     wanting       to   participate   in   coM public service
                                                    munity                                  this   position would best
utilize   m   extensive real estate law and transaction
                                                           stnicturinE                     experience




                                   APPLICABLE QUALIFICATIONS
                                        AND EXPERIENCE




ATTACK ADDITIONAL PAGES              IF   NECESSARY
See attached CST




                                            Town Hall Use                              M




Date                 Received               o                   Interview Date
                                                                                           0
                                                                                           20
       Application

Appointed     to

Commission         Beard   or   Committee                                  Date

Date Term     Expires                                                  Length of Term


                                                            2
LOUIS S WELLER                                                  Telephone 415 783
                                                                              4459
291 Blackfield Drive                                                     Fax        9029
                                                                                415 783
Tiburon CA 94920                                                 Email lweller@deloitte
                                                                       com

Lou Teller is a principal in Deloitte Tax LLP and serves as National Director Real Estate
Transaction Planning Lou is based in San Francisco He also leads Deloitte Tax Like
                                                                           s Kind
Exchange  Practice group

Before taking his present position Lou practiced real estate tax and business law for more than 20
years     He has extensive experience designing and implementing strategies for real estate
acquisitions transfers development exchanges leases financing work business start
                                                                     outs                  ups
limited liability companies partnership and joint venture formations transactions involving REITs
capital raising through placement of partnership interests and stock as well as counseling clients on
achieving business and personal tax planning objectives

A frequent speaker and author in the fields of tax business law and real estate Lou has lectured at
programs sponsored by AICPA Practicing Law Institute ALI California Continuing Education
                                                         ABA
of the Bar the American Bar Association the State Bars of California Michigan Oregon and Texas
the Bar Association of San Francisco Golden Gate University the California and Texas Societies
of Certified Public Accountants University of Southern California New York University Georgetown
University Law Center UCLA Mid Tax Institute Southern Federal Tax Institute
                                  America
Yellowstone Tax Institute National Real Estate Development Center and numerous private
industry groups

Mr Weller is co of the treatise Real Property Exchanges Third Edition published by
              author
California Continuing Education of the Bar CEB His other publications include chapters on tax
issues published in the treatise Federal Taxes Affecting Real Estate and the multi set
                                                                                 volume
California Real Estate Law and Practice and CEB California Condominium and Planned
                                                  s
Development Practice articles published in the Journal of Taxation Journal of Passthrough Entities
Journal of Real Estate Taxation Real Estate Forum Net Lease Forum Real Estate Portfolio
California Real Estate Law R porter Practical Tax Lawyer Real Estate Tax Digest Comp eat
Law er and others He is a chief supervisory editor of the Real Estate Tax Digest and a member of
the Advisory Boards of the Journal of Passthrough Entities and Net Lease Forum


Lou received    A
             a B cum laude in Political Science from Yale
                                                                University and concurrent J and
                                                                                          D
Masters in Public Policy degrees from University of California Berkeley Prior to attending law
school he worked as a program analyst for the Environmental Protection Agency of the City of New
York While in law school he served as an editor of the California Law Review and a member of the
Moot Court Board He was admitted to the California Bar in 1975


Mr Weller is  past Chair of the Real Estate Committee American Bar Association Tax Section He
is also past Chair of the Taxation Section Bar Association of San Francisco the San Francisco Tax
Club and of the Federal Taxation of Real Estate Transactions Committee American Bar Association
Real Property Probate and Trust Section Lou has served as a member of the State Bar of
California Taxation Section Executive Committee and on the Board of Directors of the Tenant in
Common Association Lou is an elected Fellow of the American College of Tax Counsel and is
active in various professional and civic organizations
                              TIBURON REDEVELOPMENT AGENCY


                                                    MINUTES


CALL TO ORDER


Chair Fredericks called the meeting of the Tiburon Redevelopment Agency to order at
40 m
9 p         on   Wednesday February 18 2009 in Town Council Chambers 1505 Tiburon
Boulevard Tiburon California

ROLL CALL



PRESENT            BOARDMEMBERS                             Berger Collins Gram Fredericks

ABSENT             BOARDMEMBERS                             Slavitz


EX OFFICIO                                                  Town Manager Curran Town Attorney
                                                            Danforth Director of Administrative
                                                            Services    Bigall   Town Clerk Crane
                                                            Iacopi

ORAL COMMUNICATIONS


None


ACTION ITEMS


  1    Adoption     of Minutes           November 19 2008           Board   Clerk Crane      Iacopi

MOTION             To adopt Minutes of November 19                  2008   meeting
Moved              Berger seconded by Fredericks
Vote               AYES                  Unanimous
                   ABSENT                Slavitz


  2    Loan to Marin          Housing Authority             Consider    approval   of loan to Marin    Housing
        Authority       for   purchase of Below Market Rate Unit at Pt Tiburon Marsh                   AP
        440
        058
        03                    Director of Administrative Services Bigall

DirectorBigall gave the report She said that the Town had contracted with the Marin
County Housing Authority Housing Authority to administer the Below Market Rate
BMR program at Pt Tiburon Marsh for ownership units She said that the Town had
been advised by the Housing Authority that a unit had come available


According   to   Bigall       the   majority   of BMR unit re
                                                           sales         occur   between     awilling seller and
another low   or   moderate income             family   that has been   qualified by   the   Housing Authority
in which   case no   public         agency funds   are   required   to close the transaction      However




Redevelopment Agency Minutes          01
                                      2009         FebMafyl8    2009                                      Page   I
occasionally         the   Housing Authority     must exercise the        option   because of the owner
                                                                                                  s
failure to pay the mortgage property taxes or HOA dues or because of a breach of the
Resale Restriction In these cases Bigall reported the Housing Authority must exercise
its   option   to   purchase    the unit in order to maintain it in the BMR program She said that
this   was   the    case            bedroom
                           with the one unit at Pt Tiburon Marsh


Ms   Bigall said that staff did not recommend exercising the Town right of first refusal
                                                              s
to purchase  the unit because of the difficulty renting one bedroom units in the past
Instead she said that staff recommended that the Redevelopment Agency loan the
Housing Authority the funds necessary to exercise the option and ultimately it would be
repaid when the unit was sold to another qualified buyer

Councilmember Gram asked whether the                       could be reset upon sale to recover
                                                        price
attorney
s                  plus interest Ms Bigall
                fees                               said that it could and said that the recommended
loan to the     Housing Authority in the amount            of 150 should
                                                              000                       cover   these costs


Town  Attorney Danforth explained that while the Agency had the right to set the sales
price there was an upper limit based on the Housing Authority Below Market Rate
                                                    s
formula

Councilmember Gram said that he              thought the proceedings might take longer than the                 six
to    eight months      noted   in the report he expressed concern that the Agency might not
recover      all of its costs


Town     Manager Curran acknowledged that possibility but said that it would still be less
expensive       than   trying   to recreate a unit into the Town affordable
                                                            s                             housing inventory

Town     Attorney Danforth noted that there             were    both   Redevelopment Agency          and Town
restricted funds that could be used to           cover   any overages


Councilmember Gram said              simply that   he   was     seeking   a   realistic factual scenario Ms
Danforth       replied     that the recommendation      was     consistent with the      Housing Authority
                                                                                                 s
past experience in these          matters


MOTION                 To approve loan to Marin Housing            Authority       as   recommended
Moved                  Collins seconded by Fredericks
Vote                   AYES            Berger Collins Fredericks
                       NOES            Gram
                       ABSENT          Slavitz




Redevelopment Agency Minutes        01
                                    2009         Februatyl8      2009                                         Page   2
ADJOURNMENT


There being no further business of the Tiburon Redevelopment Agency   Chair Fredericks
adjourned the Redevelopment Agency meeting at 9 p50 m




                                                 ALICE FREDERICKS CHAIR




ATTEST




DIANE CRANE IACOPI BOARD CLERK




Redevelopment Agency Minutes   2009
                               01     Februai 2009
                                      18
                                      1                                          Page   3
                        TOWN OF TIBURON                                                        Town Council   Meeting
                                                                                                    January 20    2010
                        1505 Tiburon Boulevard
                        Tiburon CA 94920                                                          Agenda Item
                                                                                                                  R QA V



 To                       Board of Directors Tiburon           Redevelopment Agency

 From                     Administrative Services         Department

 Subject                  Recommendation to Receive and             Acknowledge     the RDA Annual Audit for
                             09
                          FY 2DQ8
 Reviewed         By


BACKGROUND


Attached    are                                               Redevelopment Agency for the fiscal year
                  the Audited Financial Statements for the Tiburon
ended June    30 2009 The audit      performed by the public accounting firm of Marcello Company in
                                        was

accordance with auditing standards generally accepted in the United States The Redevelopment Agency
is considered a component unit of the Town of Tiburon and is therefore required to be audited as a
separate entity of the Town

As   background The Tiburon Redevelopment Agency was created in 1983 under provisions of the
Community Redevelopment Law primarily to assist in the clearance and rehabilitation of areas determined
to be in declining condition in the Town of Tiburon      The Agency will expire when the Town   s
low income housing requirements have been met The Town currently needs to develop four
moderate
additional units of low housing within the RDA boundaries to meet the housing requirements
                    income
The Town Housing Element designates several sites within the RDA project area as affordable housing
     s
sites and commits the RDA funds to assist with the development of affordable housing on these sites
                                                     s
Development of any one of these sites would meet the RDA requirement for affordable housing

FINANCIAL IMPACT


There is    no    financial   impact   with   accepting   this financial audit


RECOMMENDATION


Staff recommends that the Town Council


           Receive and    acknowledge         the annual audit of the   Redevelopment Agency
                                                                                      s               financial
           statements for the fiscal year ended June           30   2009



Exhibits                      Annual Financial Report for the Fiscal Year Ended June 30 2009
Prepared By                   Heidi Bigall Director of Administrative Services




TOWN OF TIBURON                                                                                         PAGE 1 OF 2

								
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