f/Lc5 _.,,------

TOWN OF SAN ANSELMO TOWN COUNCIL AGENDA October 25, 1994 Council Chambers -Town Hall 525 San Anselmo Avenue, San Anselmo

6:30 p.m. .. . '· Open session to announce adjournment to closed session regarding negotiations with Peter and Pamela Fraser:, Hugh and Luanne Cadden, Ronald Lachman and Christine Troffer, Robert and Virginia Cary, David Ha.rlsen, Lewis Epstein, and Robert Pisarii, on the price and terms of payment for the purchase and exchange of real prop.erty in the vicinity of Bald Hill, Redwood Road, and Oak Avenue, AIP 7-101-01, 02, 7-071-01, 02, 03, and 7-154-01, 02, 03 and 04, ~d the Town-owned parcel on Indian Rock Court, AIP 177-250-55.

6:35 p.m. Closed session regarding: (A) Negotiations with Peter and Pamela Fraser, Hugh and Luanne Cadden, Ronald Lachman and Christine Troffer, Robert and Virginia Cary, David Hansen, Lewis Epstein, and Robert Pisani, on the purchase and exchange ofreal property in the vicinity of Bald Hill, Redwood Road, anq Oak Avenue, NP 7-101-01, 02, 7- 071~01, 02, 03, and 7-154-01, 02, 03 and 04, and the Town-owned parcel on Indian Rock Court, NP 177- 250-55. (B) Pending litigation pursuant to Government Code Section 54956;9(b)(l), regarding the subdivision of Lot 94, Bush Tract, Messrs. Mayne and Fitzgerald, property owners. (D) Pending litigation pursuant to Government Code Section 54956.9(a), San Anselmo v. Gill, et al,· Marin Supei:ior Court #155116. (C) Conference with labor negotiator (Town Administrator), regarding negotiatiOJJS with the Marin Association of Public Employees/SEID 949.

7:30 p.m. Interviews with applicants to the Library Advisory Board and Volunteer Program Advisory Board.

8:00 p.m. 1. Call to order.

2. Announcement of action taken, if any, in closed session.·

3. Open time for public expression: The public is welcome to address the Council at this time on matters not on the agenda. Please be advised that pursuant to Government Code Section 54954.2, the Council is not permitted to discuss or take action on any matter not on the agenda unless it determines that an emergency exists, or that there is a need to take immediate action which arose following posting of the agenda. ·

4. Council requests for future agenda items, comments and direction~ to staff; staff miscellaneous items.

5. Consent agenda: Items on the consent agenda may be removed and discussed separately. Otherwise, all the items may be approved with one action. · (a) Approve minutes: October 11, 1994. (b) · Acknowledge and file warrants, Nos. 16586 through 16906, in the amount of $623,576.02. (c) Acknowledge and file financial reports through September 30, 1994. (d) Approve resolution updating the rent and income limits for the leasing of second units. (e) Change November 8, 1994 Council meeting date to November 15, 1994. (f) Acknowledge and file report on E.D. Jones sign. (g) Approve resolution confirming Council action of September 27, 1994 approving a use permit and variance for 176 Tunstead Avenue, ABC Academy.

6. . Commend the "Recycle kids" for their recycling efforts.

7. Appointments: (a) Volunteer Program Advisory Board (2 seats) (b) Library Advisory_ ~oard _(I seat)

8. Approve garbage and recycling franchise agreement with James Ratto .

. ;··· 9. _:Public hearing, 379 Oak Avenue, Theodore Posthuma, applicant: (a) Design review request to approve a proposed two-car detached garage subject to the installation of story poles and redesigning the structure with a pitched roof (b) Request for dire~tion from the Town Council regarding whether a new application on the original Design Review'proposal should be reconsidered by the Town.

10. Redwood Hills Subdivision near 390 Redwood Road (Applicant: Peter and Pamela Fraser): Request for revisions to Resolution #3263 specifically related to several sections of the design guidelines and a condition pertaining to pruning of trees outside building envelopes. (Resolution #3263 provides for approval of a precise development plan and vesting tentative map to create seven (7) residential lots and art 18 acre public open space lot on a 25 acre site)

11 Discuss response to the Town of Ross regarding parking and access to Phoenix Lake adjacent the Natalie Coffin Greene Park.

12. Discuss liaison relations with the Robson-Harrington House.Association Board of Directors.

13. Regulations for vehicle tow operators: (a) Second reading and adoption of Ordinance No. 961, revising regulations and procedures for vehicle tow operators. (b) Resolution setting the fee schedule for tow operations.

14. · Adjourn.

There will be a 10 minute break at approximately 9: 15 p.m. Any item not under discussion before 11 :00 p.m. will be continued to the next regular meeting. Next regular meeting: November 15, 1994.

If any of the matters described above are challenged in court, you may be limited to raising only those issues you or someone else raised at any pubHc hearing described on this agenda, or in written correspondence delivered at, or prior to, this Council meeting. ·

If you need an accommodation to attend or participate in this meeting due to a disability, please contact the Administration Department at Town Hall, (258-4600).

I hereby certify that this agenda was posted on the Public Notice Bulletin Board outside the Council Chambers on October 21, 1994.

Rose w~~Z'"'Services Assistant .I I

SAN ANSELMO TOWN COUNCIL INTERVIEWS FOR BOARDS AND COMMISSIONS TUESDAY, October 25, 1994

...... ·.. '.~ 7:30 p.m. ~, S?phi~: Spencer SAVE ··~·.. :. :;:~ .. ;·. :' :~· ,> .. :1

7:40 P-~~1 ••:, • .!'·_, G.· .von Dallwitz SAVE

.• - 7:45 p:rn·. ' Robin Skewes Cox Library* ' ...."/ .. · 7:50 p.m. Jari Petri-Haines Library*

·· .. . ' *Neil Wolf• has already been interviewed for the Library Board. ·

Note:

There are two openings on the SAVE Advisory Board, one term expiring 9/97, and one· term expiring 9/95.

There is one opening on the Library Board with· the term expiring 9/95,_ filling the unexpired ter~ of Alice Webb.

APPLICATION FOR APPOINTMENT TO A SAN ANSELMO BOARD/COMMISSION/COMMITTEE

· TO: San Anselmo Town· ·council Date: _ ...... l.-..1J._/.;....;12::;..:,/_q-+-zl-· _

I wish to apply for an appointment to a term/balance of term on the 5tJ.u. g ~~ iM4'?f!! Board/Conunission/Co~tee

Name:~ kfl~, Home Address: / 8~d CYn fhu.. Occupation: ____-""---- Employer's Name: ____-:-_~_- ______

Home Ph_pne No.: -...9 - ·.::; .:... . Number of years a resident of San Anselmo·: In Marin:· 3 7

0 Education Level achieved: Graduate Degree (Major: ______College or University Degree (Major: ------~-Some College ~----k?''-- High School Diploma Other-~ (Exp~ain : ______)

Names and phone numbers of San Anselmo residents who can be contacted for referral information about me:

I would be available to regularly attend the meetings on this Board/Commission/Committee. ' I would be available to attend additional meetings when they are necessary.

- I am familiar with the responsibilities and functions of this Board/Commission/Committee. - t have attended meetings of this Board/ Commission/Committee as a member of the public. W1/l&n~ 10/ ~v--/t:f'/ List briefly, previous experience serving in public office, and/or on civic commissions, boards, or committees:

~ m,~ ~ 4V4 (9?z . du ~ vfcuuc_ ~ · Reason(s) for applying for this appointment: ~4 ~ ;t/yd.~· ~

What are your qualifications for this position: .9 ~ Lt'1J ~ &z~d W-dL_ ~

Briefly, what do you consider to be the most importarit current one or two issues f~cing the Board/Commission/Committee being applied for?

I understand that I and all other applicants will be personally interviewed by the Town Council as part of the selectio,n process for this appointment. ~-~ Signature· Date'

Other Boarcl.s, Commissions, Committees on which you would be interested in serving if not appointed to this seat?

Do you wish to be .considered again if you are not selected for this appointment?·

(You·may attach personal resumes.or other information which you believe may be helpful to the Council in its selection proc~ss.) ( ' \ • :- '. ~:~~:

~p~~~c~~~CN ~~R ~2~Q~~~l'T ~o ~ s:;ur "-NSZ!-~0 ~o~ao1c=M~ZSS~~N/C~!'!..~Z~~~~

~,.. . _...... San ~~sal=o Town cou.~cii Oa~a: September 16. 1994

. ·-~re- · , • ..: ' -.... ,....,... ,. .:,,..... -.· ~ ~ . ,.., .._ .. - ,.. 1 :i ~ ... -:s.,..... ~ ·'N .:.Sn ._ ... a:"~l/ .;. ... r an a.:";:oJ. •• -C-en._ .. ~ a :%~D./ .-a--nc_ o ... -.--- or.

c~e Advisory Board of the San Anselmo Volunteer Effort 3car~/C=::m~ss~=n;c=~i~~=e

~a=e: H.- G. von Dallwitz Ecce ~cc=sss:102 Butterfield Rd.,San Anselmo

Oc:~~acicr.: Retired J :::=; loyer' s N'a:me : -~n;..;;."..;a;;...;;. ______-:.:3-: ::c=e ?~one · N'c. : -· 454-3988 W'o l:'l<: ?tone N'o • : _...... :n~·..:::a::.;·:....------

~L!.::!: V .=;:i. -.- i- '.if;:i._;_. 32 e :.- of - ---~ a r:sice:i.:. of Sa~ Anselmo: 30 yrs -·· ~--- .... "'. yrs_.

~~~=a=i=n La~e! ac~ieve~:

Gl"',,.,.;.,,,.~"" Oe,...,...= 0 (~a]· o~- -~- ...... -.:--- ·------_____ . C.::l.!.eqa-- c= uni~l'e.=-si~:r-- -Oeq=ae (Majer: ______XX Scee Collage Eiq~ Sc~col Diploma a-::=.e.=- . ( =:x;: la.L-:.: ------

~aces anc ?ho~e nP~bers of San A.nsel~o resicen~s ~no can ~e c:n~ac~ac fc= ==f===a·l i::.t=r::a-:::.on a!:ou~ ~e: -. Mr.· and Mrs. Tom Areton, San Anselmo. Tel .. 453-4018 2 . Mr. and Mrs. Jerry Nichelini, San Anselmo. re1 .. 457-9695

J. Mr. and Mrs. Edgar Framm, San Anselmo, Tel.: ~5~-~:Z!25

·r-::s ~ ! ~oulc oe available e~ requiar~7 a~~and ~e ~e~ci~gs on ~!:.is 3ca.=-:;c~m::.ission/C~:mi~~ae. ___AX

- ! ~cu~c oe avai~~b~e ~~ ac~anc addi~ionai ~ee~i~gs ~hen c..~ey ;:~ necessa:/. ___AX

~ ,.,... :=,,.,.. .; 1 ;a-·•·i'"'"" - ...... -a.s-onsi.·-..i.· 1 ;,...;.,.s a~"" : ...... --:-_...... , ___ .. - ... ~~- '-··- -- ~ . ~ -- --- ...... =~~c~~cns ct ~~~s 3ca=:;c.::m:~ss.i.on/c=m:~~~=e- ~

- ! aave ac~ar.dec ~ee~i~qs or ~=is 3oar:/ c~mmission/Commi~~ae as a ~e!nPer of ~~e ~ublic. ....Ja,

:Ois~ ::r:.et!y, ~revious expe.=-i.ence sar-r.ing in ;:W:lic cf!~ce, and/o:r: on civic c:~.missions, boards, or c:tm:tic~aes:

since November 1985 on the $8VE Board _,

I would like to remain active in San Anselmo and especially on the SAVE Board.

·r6t..:.-- - ""'!.------·-_,,,::a~; ~.;--~-:-~--s •.--= .... -,.. A business career 9f more than 40 years, which included positions iri management. My greatest exposure has been in banking and other financial fields.

1 ~~:·~~ ·r· ~~--;I~- c.·- vc•• c~.-.s_:--·-=-· ~ ....- ·--e -~=-cs- ;-.... ---~~~ C ··--:,..­ ~""'!~ ---- ..,,,_-----I • .._. - "'- -- '-••- .... '- -·-':'..__ --••------· - ..,,~.- -- ~:lf•o !.ssu.a~ Ee.c:.~g ~=:.e 3ca:::-::./C:u=.issicn/ 1 C:=..::~-=-:.ae ~ei:l<; .:> ""' .... T ; =,.- -:"' :- ---- ·create a broader awareness among San Anselmo citizens about SAVE' s Existance, . about the important role it plays in the daily operation of the town's government and the need for for an ever increasinq volunteer force to be drawn from the town's residents.

. . .; , ~ !:e . . . ·, . ... --- .:.::-=~r-: :.ar,;ac :y :.::.s T~wn ~~~s a~;ci~~=en~.

.September 16, 1994 aa i:..a

a~::.e: 3ca::-:.s, C:::m:issions, C;::mmit~aes on •..;nic::. ycu :;;oulC. :=e in-ca:~s~ac i~ sa~1:n~ i! nc~ a9;oi~~=d ~~ ~~is seac?

None at this time.

De you ~is~~= :=e c:nsi~e:sd again ;~ ycu a:~ nee salec~ad ::r c~is a;:;:cin1==en~?

Yes

('!cu ::iay at:~.ac::. ?e:sonal :-esu::es or ot:=:.er Ln::::::aci:n ~nic~ you oel~ave ~ay oe ~el~t~l ·c= ~::.e c::unc::..!. in i.~s salac~:..::n ;ir:cess. l t' . i ill [3@[30\:7@ ~ HAY 1 1 1994 ·

APPLICATJ;ON FOR AP'POINTHENT TO A SAM ANSELMO BOMD/COMMISSION/l8af/lff Anselmo •.

·- .. ·- .•.... --~ TO: · San Ansellllo Tei.in· -Council ·w !. ~I! .>ii I wish to apply for an agpoinbient to a term/balance of t'erm on 1:11e /..'.tlzronu, &ivi~~df;~¢1j~; ¢x,, a ar / CommJ;-ss on/ Comm..i ttee -. o. · .-: ·.· .... · -.... ---~-- ·~-"'-~- .,J' /.,; .. . ·.:. Name :&fail> t·). SketJf"' - f,.. ~i- Home Address: 4 3 ~av\ Rafaz:-1 :41 /e . Occupation: Rt--h fe

Names and phone num.bers of San Anselmo re~idents who can be contacted for referral infer.nation a.bout me: i. f,);l\\4L'h RI ))av-I? W.5·3 - 1 bqtL

2. ~1'c~ a~ ~~ ~5;-zo: ·3 .·~~=~~= ~,,;• =5- . ~ ~ ~o I would be av_aila.ble to requla.rly attend the meetings on this Board/Commission/Committee. ~ - I would be availa.ble to attend additional mee~ings when t:hey are necessary. / - I am familiar with the responsibilities and functions of this Board/Commission/Committee. / - I have attended meetings of this Board/ Commission/Committee as a mem.ber ·of t:he public. V"'

Lis~ briefly, previous experience serving in pul::Jlic office, and/or on civic commissions, boards, or committees: f-b.~±sa~4 \ fcp,'-(j)'\ \ ;,;; , ,; k" •.. -~

Reason(s) for this appointment:

What are your qualifications for this position: . . ~ ."·t.,

I understand that I and all other applicants will be personally interviewed by the Town Council as part of the selection process for this appointment.

~~~-~Signature ~Ult(~Date 't.h

Other Boar.ds, Commiss ionS!, Conmti tt.ses on which you would be interested in serving if not appointed to this seat?

Do you wish to be considered again if you are not selected for this appointment?

(You may attach personal resumes or other information which you believe may be helpful to the Council in its selection process.) [~ ~e.~::~!~i]\{7)3 0 SEP 2 6 1994 Town of San Anselmo APPLICATION FOR APPOINTMENT TO A SAN ANSELMO BOARD/COMMISSION/COMMITTEE.

TO: San Anselmo Town Council

I wish to apply for an appointment to a term/balance of term on 3 the } °8-0a8~Eo~rir~si~~~~~t~~ MJ

Name: ~Ml W-,,; -lffl ~i\J

Graduate Degree (Major: ______.,.-----.,,...,,-=-----~) College or University Degree (Major: ~~Aliik\) Some College ~~ High School Diploma · . Oth~r (Explain: p-1oiu~ 142 J~ ~J)~4'z hops Names and phone numbers of San Anselmo residents who can be contacted for referral information about me:

i.__.fh.....__4-...;;.<\.:!=1=-11~-lG~~B-. --'---.l~;.=G"'_.1.f__-_fl ...... 2-_2..__.b....______

2. __m~,Ckt,~' ~---'=C~n!ita~~~P~,vJ~j'+---~z~£~g_-~oq_zo~.~------~ 3. U:e aa14o L/S~-

I would be available to regularly attend the meetings on this Board/Commission/Committee. le": ' I would be available to attend additional meetings when they are necessary. //" - I am familiar with the responsibilities and functions of this Board/Commission/Committee. - t have attended meetings of this Board/ Commission/Committee as a member of the public. List briefly, previous experience serving in public office, and/or on civic commissions, boards, or committees: Reason(s) for applying for this appointment:

What are your qua,li°fic~ti"ons for this position:

Briefly, what do you consider to be the most important current one or two issues facing the Board/Commission/Committee being applied for?

I C }µµ IL;t;... ~ f ,J.j ,' C s;k\. I;, cA

I understand that I and· all o·ther applicants will be personally interviewed. by the Town Council as part of the selection process for this appointment.

-~1-9'1Date

Other Boards, Commissions, Committees on which you would be interested in serving if not appointed to this seat? ~ /l-m.eJ,.,o P~ ,t!»MJ (?,;.";)

Do you wish to be considered again if you are not selected for this appointment?

(You may attach personal resumes or other . information which you believe may be helpful to the Council in its selection process.) IP' 1~~r6 /i-vG JAN F. PETRI-HAINES z08 SCENIC AVE. SAN ANSELMO, CA. 94960 (415)459-1789 OVERVIEW

Marketing professional offers 14 years experience in corporate and . . institutional marketing, management and achieving bottom line profitab1hty ·objectives; additional qualifications: · • ~understanding of the COI~planningfunction with demonstrated success in developing and implementing strategic~ market analysis and marketing activities to exploit profit and growth _OpportunitieS • Coskonscio~ promotional budget development and ~t • Ability to position company to respond to the int.erests and concerns of a variety of clientele • Excellent'~rl at all organi7.8tional levels including li.8.i'son with area management, advertising production and field staff • Consistefu1y recognized far meetingte.xa5E*ding COL pcrat.e inarketing OOjectives

PROFESSIONAL ·EXPERIENCE

1987 - f988 .,. First Nationwide~ San Francisco, CA ·AREAAPVERTJSlNG MANAGER • Full responsibility for market analysis, budget development, planning and iinpleinenting campaigns to stimulate new business and maximize public awareness and response for FNB's 15 state m.arket; oversaw $26 million prom~tional budget and field marketing staff. • Developed and monitored cost control procedures, translated national programs and developed shelf promotions and advertising programs for local use. . • . Increaseci deposit base in new. Phoenix area by $80 million in a 2 week period through effective market penetration strategies, cross-selling as well as developing employee incentives within Ret.ail Banking System channels; increased awareness of new branch and built deposit base bY. $1.5 million in first 2 days of promotion through print media ani:i direct-mail ·efforts. . ·

1980 - 1986 Crocker Bank. San Francisco. CA SENIORPRODUCTANAIXST • Heavy involvement in ATM use analysis and development of promotion5 and strategy; _supervised campaigns and set marketing goals and provided marketing support for 180 Southern California branches; position required extensive travel and troubleshooting; established effective bonus incentive plans. · ASSISTANT ADVERTISING MANAGER • Edited copy and supervised layouts; met tight deadlines; responsible for . providing marketing diTection to product managers and targeting upscale markets for new product direct-mail campaigns. 1974 - 1978 McKesson, Inc., San Francisco, CA MARKETING ASSISTANT . • Responsible for tracking results of sales force; in.itiated research to determine company role in supporting independent pharmacists; received cash award for naming company newsletter. ·

EDUCATION

University of Alaska Bachelor ofScience . Marketing, Communications & BroadCS:St Production

REFERENCES

Portfolio and References Available Upon Request t.\.· .. -;.

As the Marketing Manager assigned to support ~s, Jan excelled in communication and follow-through. Whether it was her idea or ours, nothing was allowed to "fall between the crac~s·~.. In short, she delivered.

-:( 0 Lee Kirkpatrick -.. : ·: _. Senior Vice President First Nationwide B~nk

Jan is committed and dedicated to .her work. She has success fu]_.ly--'"~mp lemen ted new ideas and has consistently taken responsibility for seeing projects through to . ·compl"etion.

Richa:i;d_Lyster Vice-President, Marketing First Na~ionwide Bank

I've been impressed with Jan's flexibility, her ability to conceptualize, formulate ideas and implement projects. She ~oiks well in cooperative efforts and spent many hours in uncompensated overtime to ~eet de&dlines for several of our.newest marketirig programs. Her help was invaluable.

Andrea Simpson Myrdal Vice President, Advertising & Public Rel a ti on.s Pacific Resources, Inc. ·

During the 18 months Jan and I worked together at Crocker Bank~ she repeatedly demonstrated her ability to bring finan~ial marketing skills to the application of project management.·

Darryl Lundahl Lundahl Financial Group

Jan was instrumental in the planning, development and execution of all mass marketing projects foi my product. I have the highest regard fpr her professionalism, creativity and r~sponsiveness.

Dan Margulis Vfce President The Crocker Bank ~@l@G1D"Vl3@ . MAY 2 5 199~ Tow.n of San Aiiselmc> APPLICATION FOR APPOINTMENT TO A SAN ANSELMO BOARD/COMMISSION/COMMITTEE

TO: San Anselmo Town Council Dai:e: S-~3 - 7 '-f

! wish to apply for an appoinaent to a term/balance of term on

the L; fJ,R./9-1'4. VI A-/) v; Ser~ 0 A"7'!"~ 1 aoard/Commissi n/Committee

Name: ;f/E I'- ltJ~ i F Home Address: /92 feV75'ZC):r0 knr-e., -:J:f; 3 J Occupation: {).,I/(... { ·TF:fl- . Home Phone No. :.2:;;-g-9'l2. 9 Work Phone No.: ~ q-g-fC:,z 9 ~~~~~~~~~~~~~-- Number of years a resi~ent of San Anselmo: ----~ In Marin: /2... Education Level achieved:

Graduate Degree (Major=~~~~~.,....~~~~~~~ College or University Degree (Major=~~~~~~ ;,-- Some College High School Diploma Other (Explain=~~~~~~~~~~~~~~~~--- Names and phone num.Oers of San AI1selmo residents who can be contacted for refar=al information about me: i. 0.e.C: ~ .kr-oc-T L/6t -5531

2 • 'SG'PrN 'Z61?.c v ; c H !..f.j-L/- - '35'1~ 3. A- I L\ s s· c(. Hc:..C I !_f5q, /1'-/-D YES NO I would be available to regularly attend the meei:ings on t:.~is 3oard/Commission/Committee. v

- I would be available to ai:tend additional meei:ings when c...~ey ~re necessary. v

- ! am familiar with the responsibilities and functions of this Board/Commission/Committee. v

- I have attended meetings of this Soard/ Commission/Committee as a member of the public. V"

Lisi: briefly, previous experience serving in public office, and/or on civic commissions, boards, or committees: . ~:; ..

Reason(s) for applying for this appointment:

Whai: are your qualifications for this position:

Briefly, what do you cdnsider to be the most import:ant curram:, one or ~-:vo issues facing the Board/Comm.ission/Comm.it"t:ee being applied for?

I understand that I and all other applicani:s will be personally interviewed by the Town Council as part: of the selec"t:ion process for this appoin"t:~eni:.

Signature Dai:e

Other Boards, Commissions, Committees on which you would be interested in serving if no.t appointed to this s~at?

Do you wish co be con~idered.again if you are no-c selec~ed for this appointment?

(You may attach personal resumes or other infooiation which you believe may be helpful to the Council in its selection process.) .,,.,.

TOWN OF SAN ANSELMO Minutes or the Town Council Meeting or October 11, 1994

Present:· Breen, Chignell, Kroot, Yarish, Zaharoff Absent: None

I. CALL TO ORDER.

2. ANNOUNCEMENT OF ACTION TAKEN. IF ANY. IN CLOSED SESSION.

Item (B) - Mayor Chignell announced that during closed session Council decided to appoint the Town Administrator and one Councilmember to meet with the property owner of37 Yolanda to discuss the matter and inform the owner that uriless the matter is resolved, abatement proceedings with begin at the end of November.

Item (C) - A subcommittee of two Councilmembers (Yarish, Kroot) was formed to meet · with the property owners of Lot 94, Bush Tract and report back to the full Council.

Chignell said that a request was received from the Marin Brain Injury Network to proclaim October, 1994, H~ad Injury Awareness Month. This item will be taken up between Items 5 and 6.

3. OPEN TIME FOR PUBLIC EXPRESSION: THE PUBLIC IS WELCOME TO ADDRESS THE COUNCIL AT THIS TIME ON MATTERS NOT ON THE AGENDA. PLEASE BE ADVISED THAT PURSUANT TO GOVERNMENT CODE SECTION 54954.2. THE COUNCIL IS NOT PERMITTED TO DISCUSS OR TAKE ACTION ON ANY MATTER NOT ON THE AGENDA UNLESS IT DETERMINES THAT AN EMERGENCY EXISTS. OR THAT THERE IS A NEED TO TAKE IMMEDIATE ACTION WHICH AROSE · FOLLOWING POSTING OF THE AGENDA.

· John Stover, Edward Jones Realty, said he recently placed a small sign in front of his business and someone complained about it. The Town informed him the sign is illegal. When he mentioned several other businesses with ·similar signs, the Town acted against them as well. He has now applied for a variance, but no one in Town Hall could tell him· what the fee would be. This sign has been beneficial to his business. Staff will look into this and report back at the next meeting. ·

Barbara Schmidt, 59 Austin, mentioned that Ross has a new dog park at Bouick Field. She also noted that Ross is having a Candidate's Night for MMWD candidates and wondered why San Anselmo doesn't do the same. Regarding the discussion two weeks ago about a parking fee at Natalie Coffin Greene Park, she said she felt several people spoke inappropriately.

Glen Smith, San Anselmo, said that trimwork on new constmction on Chipman Place has been painted a bright white, not at all like the samples they were shown. The Planning Department says there is nothing they can do about it.

4. COUNCIL REQUESTS FOR FUTURE AGENDA ITEMS. COMMENTS AND DIRECTIONS TO STAFF: STAFF MISCELLANEOUS ITEMS.

Kro.ot said the first regular meeting of the Council in November falls on election day. He wondered if it should be moved to another date. There were no objections to moving the first regular meeting i_n November to November 15.

Zaharoffasked the status of reviewing businesses in residential areas, a problem that came up because of big delivery trucks in residential areas. Staff will look at this and bring it back.

·Breen mentioned that damage was done to the landscaping on the Miracle Mile done by George Lucas. A car drove up and over it, damaging plants and· the sprinkler system. • •

Minutes of the San Anselmo Town Council October 11, 1994

Breen asked ifthe Traffic Safety Committee could look at safety and speed issues on Woodside Drive. - .. :'·~ · Chignell asked when the Building Inspector will be out to inspect 17 Stone Court.

Pollard said that repaving work is underway on Center Blvd. by Guasco's thanks to federal grant money. The work is being done' at night and will be completed this week.

5. CONSENT AGENDA: ITEMS ON THE CONSENT AGENDA MAY BE REMOVED AND DISCUSSED SEPARATELY. OTHERWISE. ALL THE ITEMS MAY BE APPROVED WITH ONE ACTION. (a) Approve minutes: September 27, 1994. (b) Authorize mutual termi.nation oflease with the Marin Center for Peace and Justice for use of the Town-owned property at I 024 Sir Francis Drake Boulevard. (c) Authorize execution of one-year lease with Spectrum Center for , , and Bisexual concerns, for use of Room 10, 1000 Sir Francis Drake Boulevard. (d) CONTINUE TO OCTOBER 25, 1994: Approve resolution setting the income levels and rent limits for the rental of second units. · (e) Sponsor the "Dancing with Diversity" workshop. (f) Proclaim the month.of October as '.'Community Caring Mmith." (g) Proclaim the week ofFebruary 12-17, 1995, as "San Anselmo Acts Kind" Week. (h) · Approve exchange agreement with the Marin County Open Space District for conveyance of Fraser Open Space parcel "C", Redwood Hills Subdivision, and Town~ owned Allyn Avenue lot, A/P #7-093-04. . (I) Approve Resolution No.3280 authorizing execution of quitclaim deed to the Marin County Open Space District to convey the Town-owned Allyn Avenue lot, A/P#7-093-04. (j) Authorize execution of certificate of acceptance of grant of interest in real property, for Town acceptance ofopen space parcel "C", Redwood Hills Subdivision. (k) CONTINUE TO OCTOBER 25, 1994: DR-9418/U-9405/SR-9401, UNOCAL Service Station, 930 Sir Francis Drake Boulevard, A/P 6-061-31, (I) Design review, use permit and sign review, to demolish the existing UNOCAL 76 Station, and construct a new UNOCAL .76 Station; (2) a five space parking variance to allow four on-site parking spaces (9 required); (3) A sign variance to allow an increase in signage beyond that · permitted by ordinance; and (4) Variance to exceed the decibel level as established by the San Anselmo Municipal Code. This request would include a drive through car wash, a food mart, sale of alcoholic beverages, and a 24-hour operation on property located within the C-3 zoning district. ·

Items (e) and (f) were removed for discussion.

Mis, ZaharoffNarish, to approve the consent agenda, omitting items (e) and (f). Ayes: All

Item (e) - Jill, San Anselmo, said that the Dancing wiih Diversity group is made up often youths from all over. They will perform at Drake at an all-school assembly. They are asking the Council to sponsor a community workshop with the Dancing with Diversity group.

Mis, Kroot/Yarish, to sponsor the "Dancing with Diversity"· workshop. Ayes: All.

Item (t) - Robin Prudhomme Bower, United Way, said that by endorsing this resolution San Anselmo joi.ns·the rest of the county in focusing on promoting the health and well being of residents.

Mis, Yarish/Zaharotf, to proclaim October as "Com1111inity Caring Month". Ayes: All.

2 Minutes of the San Anselmo Town Council October 11, 1994

SA. PROCLAIM THE MONTH OF OCTOBER "HEAD INJURY AWARENESS MONTH.""'' ~.• Mis, ZaharofT/Breen, to proclaim October, 1994, "Head Injury Awareness Mo111h". Ayes: AJI.

6.. APPOINTMENTS. (a) PARKS AND RECREATION COMMISSION (1 SEAT) (b) HISTORICAL COMMISSION (6 SEATS).

(a) M/s, Breen/Kroot, to appoint Janet Back to the Park & Recreation Commission. Ayes by roll call: Breen, Chignell, Kroot. Abstain: Yarish, Zaharoff.

(b) Mis, Kroot/Breen, to appoint Charles Swensen, Phillip Kazan, Bill Franchini, Edward Merrick, David Schock, and Wade Stevenson to the Historical Commission. Ayes by roll call: Breen, Chignell, Kroot. Abstain:. Yarish, Zaharoff.

7. AUTHORIZE FUNDING SUPPORT UP TO $6.875 FOR A ROSS VALLEY PLANNING PROJECT REGARDING CREATION OF A PARK AT THE MARIN TOWN AND COUNTRY CLUB SITE. WITH $3.500 TO BE APPROPRIATED FROM 1994-95 CONTINGENCY. AND APPOINTMENT OF A COUNCIL REPRESENTATIVE TO A ROSS VALLEY STEERING COMMITTEE.

Town Administrator Pollard reported that this project has been under discussion for a number of years. This funding is to initiate a planning process through the group "It's Time for a Park". The County has committed $27,000, cir one-half of the required funds . .San Anselmo and Fairfax would split one-quarter of the required amount, or $6,800. The remaining funds would come from the Marin Community Foundation. The plan is to develop a list of goals, conduct community meetings, prepare wish lists and a master plan.

Steve Vanni, Fairfax Mayor, said that the Fairfax Town Council approved their share of the money last night. He said the Steering Committee would like two Councilmembers from Fairfax, two from San Anselmo, and Supervisor Brown to be involved in the process.

Mike Shea, It's Time for a Park, said he has been working on this for six years and this is the best opportunity so far. The property is for sale and the owners arewilling to work with the community. This project will benefit the whole community.

Yarish asked ifthere is a study on how this project will be funded.

Shea said the purpose of the study is to present a financial package to the community. It will give the committee options to present to the people. An appraisal of the property will not be included in the study. The funds for the study will primarily be used for professionals and some miscellaneous expenses. Fairfax has committed some of their Planning Director's time and they hope San Anselmo will QO the same.

}3arbara Schmidt, 59 Austin, said it seems like a lot of money to hire all these professional •. for only 26 acres. She said the public.should be on the committee.

Bill DeBisschop, 91 Elm, is against the Town Council giving any money to this project. He said the Town can't even maintain itsr own parks. We are in the middle of a bond measure and we will be in trouble ifit doesn't pass.

It was the consensus of Council that it would be prudent for San Anselmo to participate in this project. The Marin Town and Country Club is right on San Anselmo's border and

3 ... ..

Minutes of the San Anselmo Town Council October 11, 1994

there isn't much land to develop for parks. San Anselmo would want to be a part of the planning process, and would want to have members of the public involved too.

·Mis, Breen/Kroot, to authorize funding support up to $6,875 for a Ross Valley planning project regarding creation of a park at the Marin Town and Country Club site, with $3,500 to be appropriated from 1994-95 contingency, and appointment of a Council representative to a Ross Valley Steering Committee. Ayes: All.

8; APPROVE GARBAGE AND RECYCLING FRANCHISE AGREEMENT WITH JAMES RATIO.

Town Administrato.r:Pollard said she would recommend delaying approval of the Franchise Agreement to the meeting of October 25, as an issue has surfaced today regarding the rate review process. She listed the changes that are reflected in the Agreement:

• San Anselmo Refuse and Recycling will establish a green waste system: within 90 days. • The company will. meet or exceed the goals set out in AB 939, aimed at reducing solid wast~ .., • Residential pickup.will not be before 5 a.m.;' business pickup will not be before 3 a.m. • A curbside debris pickup program will be established, whereby up to two cubic yards of debris, trash, etc. would be picked up twice a year. • The garbage trucks will have the company logo on them. • They company will prepare monthly recycling reports. • The term of the agreement is eight years from the date of execution. • · The garbage company will have exclusive rights t_o regular, ongoing debris box users; occasional users may use other companies. • The collective bargaining agreement will be assumed, and the garbage company will initially be required to employ those employees. Layoffs could take place later on, subject to the terms of the collective bargaining agreement. • Every three years the Town will set rates, beginning in the spring of 1996 for implementation in January 1997. Until then the only rate increases would be i.f the landfill tipping fees increase. Tipping fees can be passed directly to the ratepayer.

Yarish asked if the debris box language is consistent with past usage of debris boxes. Pollard said yes, that the construction clientele have been the ones using boxes from other companies.

Yarish asked ifa representative of the Collective Bargaining Unit has _commented on the agreement. Pollard said yes, and a representative is here tonight.

Joseph Colton, representing Teamster Local 624, the driver employees, said they feel that the language in the side letter is probably the best they will get from Mr. Ratto. He thanked the Council for supporting the drivers. He said that ifthere are layoffs the procedures are outlined in the agreement. They would be done by seniority, be due to lack of work, and the company would have to demonstrate that there are grounds. There is a grievance procedure. They will let the Council know if problems occur. According to .the drivers they have been told nothing about the sale of the company.

Chignell said that Mr. Ratto has said that he will talk to the employees when the deal is final.

This item was continued to the meeting of October 25, 1994.

9. CONSIDER REQUEST FROM PROPERTY OWNERS ON THE ALAMEDA. A NON-TOWN MAINTAINED STREET. FOR TOWN CONTRIBUTIONS TO A ROAD PAVING PROJECT.

4 ' ' : i?

Minutes of the San Anselmo Town Council October 11, 1994

Town Administrator Pollard said the neighbors are requesting a contribution from the Town in the amqunt of$4,250.

Val Kirk, The Alameda,. said he has gotten eleven out of seventeen neighbors to contribute $700 per household, and is now asking the Town for the remainder of the funds.

Greg Williams, 411 The Alameda, said his home is located at the worst part of the street and he is often blinded by dust and debris from the street. He urged the Council to support the neighbors ..

Bill DeBisschop, 91 Elm, said he hopes these people vote for Measure G because nothing will get paved if we don't pass it. He asked that they volunteer to help pass it.

Steven Bouchet, 401 The Alameda, said it is essential to fund the project. It is a mess when itrains.

Barbara Schmidt, 59 Austin, asked what will happen to other streets with all this construction going on. Will it just get fixed up and then get beaten up again?

Breen asked if the County was putting up any money for the project. He said the County should be contacted to help reduce the Town's share,.

Mr. Oloan, 390 The Alameda, said the speed bumps currently in place apparently shouldn't be there anyway. It is a mess in winter.

Chignell asked what the prognosis is for the other six neighbors to participate.

Mr. Kirk ~aid the pr<_>spects are dim. They have selected W. R. Forde to be the contractor.

Mis, Zaharofl7Kroot, to contribute $4250, plus technical assistance, to The Alameda paving project, with a letter to go to the County requesting funds for the project, which would offset the Town's contribution. Ayes: All.

I 0. DISCUSSION REGARDING PROPOSED BAYWOOD CANYON PROJECT IN THE UNINCORPORATED COUNTY OF MARIN ADJACENT TO FAIRFAX. AND ITS IMPACTS ON SAN ANSELMO.

Planning Director Chaney said that at the last meeting the Council asked for a status report on the proposed Haywood Canyon Project. The County has approved the project and it will be going to the Board of Supervisors soon. The project is located just outside Fairfax. It was originally 27 units, but has been reduced to 17 units, three of which are designated as affordable housing. The project requires a zoning change from recreation to multi-family. There would be 25 acres of open space and an equestrian facility.

Chignell said that the Council voted before to oppose the zoning change. Town Administrator Pollard said that the Council could reiterate that position prior to the hearing at the County.

John Roberto, Planning Environmental Consultant, said he would like to address what Haywood means to San Anselmo. He said the zoning change was opposed.because it lessens the amount of recreational area. The number of horses at the facility would be reduced from I 00 to 60, which the Environment Impact Report (ETR), prepared by a County of Marin consultant, found would have no impact and has been approved by the Horse Council. The EIR found the loss of the swim club inconsequential. The impact on open space was beneficial. The cumulative recreational affect was found to be none. He said that uses included in recreational zoning include gas stations. With regard to traffic,· the old use generated 210 trips per day, while the new use is estimated to generate 150 tr _,

Minutes of the San Anselmo Town Council October II, 1994

trips a day. The conclusion of the EIR was that the project would affect traffic favorably. The County did an economic analysis on their own and found that it is not economically feasible to have a tennis/swim club at the site. Their final determination was that a portion of the property would be rezoned, 25 acres would become open space, the stables would be improved and located away from the creek, and the-equestrian parcel will remain so zoned in perpetuity. For San Anselmo the project will reduce traffic, deliver 25 additional acres of open space, provide stables in perpetuity and deliver improved water quality. He said it does not set a precedent because this is a unique situation.

Breen asked what the staff recommendation was on the project. Roberto replied that they left it to the commission to decide. -

Yarish asked what the County's finding was for the zoning change. Roberto said they found itWould improve environmental conditions, meet the need for housing, including moderate and low cost housing, deliver recreation to the county, and maintain the stables.

Bruce Burman, Owner, said he purchased the property from bankruptcy court. In the last four years they_ haven't been able to operate the property as a pool and tennis club.

Steve Vanni, Fairfax Mayor, said the Fairfax Town Council is still holding to their recommendation of denying the zoning change.

Frank Egger, Fairfax Town Council, said we don't have to develop this property to save it. The present owners knew the zoning when they bought the property.

Mr. Handelin, Trestle Glen, said he and his neighbors support the project. This project will create a neighborhood like theirs, which is a great place to live. The project will impact their neighborhood the most.

The public hearing ·was closed.

Breen asked what is planned for the property between Lefty Gomez field and the nursery property. _There will be 10 houses, called Shadow Creek.

Zaharoffsaid she hasn't changed her mind on this. She said the Horse Council has not approved the project.

Yarish said he doesn't feel well enough informed. The project has fewer environmental impacts than the presently zoned-for use. It is better to use it than let it lay fallow. He supports the project.

Kroot said the project is controversial and he doesn't feel like overturning previous council opposition to it.

Breen said he is still opposed to the zoning change.

Zaharoff said the impact is going to be on residential versus recreational use. Residential use trips will be during the commute, while recreational uses are anti-commute. She feels this will have a dramatic impact on the commute pattern. Regarding the horse facility, she said there are already wait lists at two other horse facilities. She said that she would expect the Trestle Glen neighbors to support the project because they would get to use the pool and horse facility.

Bruce Burman, Owner, said that local horse facilities don't have wait lists, except one that he knows of. He said he can't fill up 45 horses right now. He said the Horse Council has endorsed this project. -

6 .: ',.,

Minutes of the San Anselmo Town Council October II, 1994

Chignell said action is with the county. The torrent of citizens against this proposal is not present here. He will defer to Supervisor Brown as he is not comfortable with changing the prior vote. - 1 Town Administrator Polhird said the Council could write a letter to the Board of Supervisors, stating the Council's present position.

Mis, Breeril Zaharof'I: to send a letter to the Board of Supervisors reflecting the present San Anselmo Council's position on this issue. Ayes by roll call: Breen, Chignell, Kroot, Zaharoff. Noes by roll call: Yarish ·

· 11. CONSIDER WHETHER TO ENDORSE CERTAIN STATE PROPOSITIONS . ON THE NOVEMBER 8. 1994 BALLOT: (a) · ' Proposition 184, Increased Sentences, Repeat Offenders, Initiative. (b) Propm;ition 186, "Single Payer" health services initiative. (c). Proposition 187, Ineligibility for public services, illegal aliens, initiative. ( d) Proposition 188, State smoking regulation, local preemption, initiative.

Zaharoffsaid,she feels· it is a mistake for the Council to get involved in endorsing ballot propositions.

Kroot said these are important propositions and if the citizens have asked for endorsements, he feels they should give them.

The meeting was opened for public comment.

David Glick, on Proposition 186, said this is an important issue for the Council to consider because it will have a fiscal impact on the budget. The measure will create a public insurance trust that will replace private health insurance. There will be strict cost control measures. The state says we would save enough money with this measure to insure all currently uninsured citizens. There would be a savings to the Town as it would pay just a 7% health tax. There would also be Worker's Compensation savings. People won't be locked into jobs just to keep health insurance. Every legal resident would be covered. Savings to San Anselmo would be about $82,000, estimated by Town Administrator Pollard. The California Teacher's Association says the money saved statewide will be $624 million.

Lynn Ralston, on Proposition 187, said scapegoating is on the rise and it is ugly. This · would cause increased costs to the Town for monitoring services. It is a clear violation of people's civil rights. It will incur a tremendous amount oflitigation.

Merle Sheldon, on Proposition 188, said that he has been living with a smoker for 40 years and he isn't dead yet. He doesn't believe in the dangers of second-hand smoke.

Val Schaaf, on Proposition 184, said it will bankrupt our state, and will not cause a corresponding increase in crime prevention. Locking people up does not prevent crime.

Mis, Yarish/Kroot, not to endorse Proposition 184 because it is fiscally irresponsible and not a deterrent to crime. Ayes by roll call: Chignell, Kroot, Yarish. Noes by roll call: None. Abstain: Breen, Zaharoff.

Mis, Kroot/Yarish/ to endorse Proposition 186 because so many people are without insurance and it would means savings to the Town. Ayes by roll call: Chignell, Kroot, Yarish. Noes by roll call: None. Abstain: Breen, Zaharoff. ·

Breen said he abstained because he feels it is the wrong area to use the initiative process because a yes vote locks the proposition into the constitution and there is no way to change it. Also, illegal alien services would be terminated.

7 Minutes of the San Anselmo To\vn Council October 11,.1994

Mis, Yarish/Kroot, not to endorse Proposition 187 because it is badly worded. Ayes by roli call: Breen, Chignell, Kroot, Yarish. Noes by roll call: None. Abstaim Zaharoff.

Mis, Breen/Kroot, not to endorse Proposition 188. Aye8 by roll call: Breen, Chignell, Kroot, Yarish. Noes by roll call: None. Abstain: Zaharoff.

Zaharoff said she has a philosophical problem with the Council endorsing initiatives like this and feels the process is flawed. If the purpose is to inform the community, perhaps the Council should sponsor a community information night.

Chignell said that some people want to know how the Council feels about these initiatives.

Kroot said that it is traditional that communities vote for or against these initiatives. They have a greater affect on San Anselmo thant the Haywood project.

12. PUBLIC HEARING ON ADOPTION OF AN ORDINANCE AMENDING CHAPTER 3 OF TITLE 10. ARTICLE 4 (DEVELOPMENT STANDARDS), AND ARTICLE 7 (PROCEDURES) OF THE ZONING ORDINANCE RELATIVE TO THE MAXIMUM SIZE OF DWELLINGS ON RESIDENTIAL PROPERTIES LOCATED ABOVE ISO FEET MEAN SEA LEVEL ELEVATION.

Planning Director Chaney gave the chronology of the ordinance. She has found that only two Marin cities have some type of FAR "exception": Mill Valley and Larkspur. Mill Valley allows a 100 square foot exception across the board for additions in excess of the FAR.· Otherwise a variance is required. Larkspur's ordinance exempts existing enclosed structures which do not confomi to the FAR standards. This exemption is allowed only if the alteration or reconstruction does not expand the original structure. Larkspur also allows exceptions subject to certain required findings.

Chaney said that if an exception process is what the Council wants, she would recommend that we prepare an ordinance like Larkspur's.

·Zaharoff asked if Larkspur's ordinance would require additional p~rking requirements if . the areas added in the enclosed sp;tce were be.drooms. Chaney said that basically, you wouldn't have to do a design review ifthe building isn't changing visually but the change could trigger associated· requirements.

Kroot said it appeared to him that an exception is really a design review. Chaney said there are similar findings in the two, but that ·staff may come up with different findings that would make the exception different than a design review.

Kroot asked if this ordinance would provide good protection for the town and if it is confusing to create an exception. Chaney said the findings can give the Town the protection w_ithout being as burdensome, but exceptions do begin to erode the process.

Mis, Yarish/Kroot, to direct staff to prepare an ordinance similar to Larkspur for review by the Planning Commission, to come back to the Town Council, regardless of Planning Commission action. Ayes by roll Call: Breen, Chignell, Kroot,Yarish. Noes by roll call: Zaharoff.

13. ADOPT 1994-95 BUDGET: (a) APPROVE RESOLUTION ADOPTING THE 1994-95 BUDGETS FOR THE GENERAL. CONTINGENCY. EQUIPMENT. ISABEL COOK COMPLEX. RECREATION. SAFETY. AND CAPITAL PROJECTS FUNDS.

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Minutes of the San Anselmo Town Council October II, 1994

(b) APPROVE RESOLUTION ADOPTING AN AMENDING TO THE TOWN'S FINANCIAL POLICY ON GENERAL FUND CARRYOVER FOR THE 1994-95 FISCAL YEAR.

Town Administrator Pollard said that changes to the 1994-95 Budget were summarized at · th~last meeting. The only change since that date is that the Town has received $107,000 due to State legislation, AB786. She recommends the funds be added to the capital fund · for the reconstruction of the Corporation Yard. The project is needed as the building is a known safety hazard.

Merle Sheldon, Town Treasurer, asked where the extra money came from. Pollard said that County property taxes in the ERAF surplus fund (earmarked for schools) would have · gone to Sonoma County, except for AB786. This is a one time windfall to the cities of Marin and the County ofMarin.

Breen said he would prefer to hold back on committing the money to the Corporation Yard until we see where we are.

Chignell asked ifthe Teen Center money of$2,000 from the Non-Departmental budget is still in the budget. Pollard replied that the Teen Center and the Student Art money will come from the General Fund.

Mis, Yarish/Breen, to approve Resolution No. 3281 adopting the 1994-95 budgets for the General, Contingency, Equipment, Isabel Cook Complex; Recreation, Safety, and Capital Projects Funds. Ayes: Breen, Chignell, Kroot, Yarish. Noes: None. Abstain: Zaharoff.

Mis, Breen/Yarish, to approve Resolution No. 3282 adopting an amendment to the Town's financial policy on General Fund carryover for the 1994-95 fiscal year. Ayes: All. ·

14. INTRODUCE ORDINANCE REVISING TOWN REGULATIONS AND PROCEDURES FOR VEHICLE TOW OPERATORS.

Administrative Analyst Kreinberg asked if Council had any questions· regarding the towing ordinance.

Breen asked what the definition is of"rotation." Kreinberg said it means "next one up."

. Chignell asked for clarification if the Town can regulate private towing firms. Kreinberg said the Town cannot regulate private towing firms.

Mis, Zaharoff/Yarish, to waive reading and introduce the ordinance revising the Town regulations and procedures for vehicle tow operators. Ayes: All

15. ADJOURN.

The meeting was adjourned at 11:15 p.m. to closed session items not completed before the meeting.

Debbie Stutsman

9

PAGE 1 GL24Ll4 9/30/94 W· A R f:: A N T R E G I S T E R [1ESCRIPTION llATE OF WARF"~ANT J.N FA\IOR OF Cl-IE Ct<: AMOUNT ENCUMB ISSUE NUMBER AMOUtn NUMBER

9/20/94 l6826* TOWN OF SAN ANSEL.MO 115,430,08 115,430.0B 9"/30/94 PAYROLL 9/29/94 169061<· MRL UNDERGROUND TANI<; TEST 196.66 196.66 TANI<: TEST ----- GRANI• TOTAL DEMANDS------115,626.74 ""I

) ' GL24U4 9/29/94 Wnf~RANT REGISTER_ PAGE 2

DATE OF WARRANT It~ F AVOI~ OF CHECK AMOUNT ENCUMEI DEscraPT ION ISSUE NUMI•ER AMOUNT NUMBER

9/29/94 16878 NEWS FROM NATIVE CALIF, 17.50 17,50 SUBSCRIPTICIN 9/29/94 16879 NOLO PRESS 26.58 26,58 BOOK PURCHASE 9/29/94 16880_ NOVATO u.s,o, 1,698.00 1,698.00 CAMP TRIPS 9/29194 ·16881 OCLC 61.13 61.13 NETWORK 9/29/94 16882 OFFICE DEPOT 283, 79. 283, 79 OFFICE SUPF'LIES 9/29/94 1.!>883 ORION SAFETY 183.53 183.53 SAFETY SUPPLIES 9/29/94 16884 PACIFIC .BELL 237,06 237.06 PHONE 9/29/94 16885 PARAMOUNT PEST CONTROL 120,00 120,00 PEST CONTROL 9/29/94 16886 PATRICIA MOr(GAN 50.00 50,00 REC REFUND 9/29/94 16887 PAUL SCHWEIGER . 856·. 30 ·- ---· . 856, 30. - INSTRUCTOR 9/29/94 16888 PDR 101,90· j_Ol.90 REFERENCE BOOK 9/29/94 16889 POSTAL SERVICE PLUS 50.00 50.00 NOTARIES 9/29/94 16890. REDWOOD- EMPir(E CHAP IC[IO as.oo 85.00 SEMINAR. 9/29/94 16891 ROSE WAGER 13,93 13.93 REIMB PICTURE FRAME 9/29/94 168?2___ ROSS VALLEY FIRE SERVICE 37,50 37.50 REPAIR EXERCISE M/C 9/29194 16893 SAFETY KLEEN· coRi:·-· · · ·· ·· ------· 225. oo-·-··-· --· ·- 225; o

.. -· -.. ; I ~

GL24U4 9/29/94 w A R R A N T R E G l s T E R PAGE· 1 ~J I DATE OF WARRANT IN FAVOI~ OF CHECK AMOUNT ENCUMB DESCRIPTION I I ISSUE NUMBER AMOUNT NUMBER

9/15/94 16774* YARDBIRDS 651.95 051.95 RECYCLING CANS 9122/94 16021* SALEM HOWES ASSOC. me 400.00- 400.00- VOU• CHECK 16821 9/28/94 16824* TOWN OF COFffE MAroERA 102.00 102.00 MCCMC DINNER MEETING 9/28/94 16825* ROBERT HANSEN CONSTRUCT IO 751.80 751°.ao INSTALL DOORS 9/29/94 16828 A J SHAW 247.50 247.50 ·PRESCHOOL/[IAYCARE 9/29/94 AMERICAN RED CROSS 710.00 710.00 PLANNING REFUN[t 1682~.' ·--·-- '·- 9/29/94 16830 ANHTONY DE SOUSA 10.00·--" 10.60"" REJ.MB MEETING EXPENSE 9129/94 16831 ANN CHANEY 22.49 . 22.49 REI MB FAX EXPENSE 9/29/94 16832 AUTOMATIC RAIN·CO 21.10 21.18 MARKING PAINT 9/29/94 16833 E•Al<:ER~ TAYLOR CONT• SERV 226 • 28 226, 2Ef BODI< F;URCHASE 9/29/94 16834 BARE•ARA STASIOWSKI 25.00 25.00 REC REFUND 9/29/94 16835 EoAY AF•EA/[•IAEILO PETROLEUM 429.27 429;27 GASOLINE 9129/94 16836 BOic'S Al' CASH REGISTER . 913;7"f 913.77. CASH REGISTER 9/29/94 .16837 E•RANT Sl-IENKAROW 39, 00 39, 00 REC REFUND 9/29/94 16838 C,M·,B,T,·A, 98,00 98.00 SEMINAR 9/29/94 16839 CHARLES LAtffZ . -··-· ·--·72,00- ··---·-· 72~06.. REC REFUND 9/29/94 16840 CITIBANK 432, 40 432, 40 CAMP EXPENSES 9/29194 16841,, COCA COLA 'BOTTLING CO 309.21 309.21 SOFT [•RINKS 9/29/94 16842 COLLEEN K'r"NE ' ' 133~()"0·-· -i33.oo PRESCHOOL/I•AYCARE 9/29/94 16843 COUNTY OF MARIN 844, 24 844, 24 E•OOKING FEES 9/29/94 16844 IoAN PETERSON b ASS!J~ INC 2 1825,00 2,825.00 LIBRARY REHAB 9/29/94 16845 [•AVE;·s PARTY PALS ·--- 68·.oo""-·-· ' 68.00-· CLASS INSTRUCTION' 9/29/94 16846 DAWN E•ROADEIENT 353 • 25 353. 25 F'f•ESCHOOL/I•AYCARE 9/29/94 16847 IoRIP IRRIGATION BOOK Pf::!!,,!_ 16,93 16.93 E•OOK PURCHASE 9/29/94 16848 'EQUIFAX- CREDIT INFO- ·- ·-- - --:i:oo_____ ·-' 2;00-··- ...... EMPLOYEE SCREENING 9/29/94 16849 GAYLOR[! BROS, INC,. 75.61 75.61 SUPPLIES 9/29/94 16850 GTE MOBILNET CUSTMR SERV 51,22 51,22 CELLULAR 9/29194 16851"·- HADDEN ROTH-.. ·------6-~oi9;35-----6·,-oi 1i;-35·-·- .. ------LEGAC 'SERVICES .... 9/29/94 16852 HEAL,THTECH 140,00 140,00 EoLOOD TESTS 9/29/94 16853 J C PAPER 1,050. 71 11050, 71 PAPER 9/29/94 16854"' JACKS [IRUG STORE ···-----·--· -·· \.28;4:~r-----·--· 28~42_____ --·----·suPPLIES- 9129/94 16855 JAMIE JONES 126, 00 126, 00 Pf

''

·.• ~ ... 24U4 9/22/94 W A R R A N T R E G I s T E R PA()E 2

DATE OF WAf~RANT IN FAVOR OF CHECK AMOUNT EN CU MB flESCRIPTION ISSUE NUMBER AMOUNT NUMBER

9/22/94 16822 STANDAf~[I lmANflS PAINT co 125.30 125.30 f'AWT SUPPLIES 9/22/'}4. 16823 STEVE ZAPPETHII t. SONS 9.12 9,12 WELI•ING ----- GRAND TOTAL DEMANI•S------·-- 29,534.32 ••· v'

I.

_;,. -....

2/94 W A R R A H T R E G I S T E R f'AGE 1 WARRANT IN FAVOR OF CHEGI( AMOUNT ENCllMB DESCRIPTION NUMBER AMOUNT NUMBER

1671611 TRUST.ADMINSTRATORS 1,072.90 1,072,90' AUGUST CLAIMS 16720" AMERICAN ROCK I. ASPHAl .. T 12.92- 12.92- vom CHECK 16720 16775* PACIFIC BELL 1,553.30. 1,553.30 PHONE 16776·11 DAN PETEF:SON lo. ASSOC• 2,273,97 2,273,97 LIBRARY REHAB 16777* .JOHN PALETTA 300.00 300.00 PW REFUND 16779. ALICIA SMITH 48.00. 49.00 REC REFUN[I 16780 AMY ANDERSON 30.00 30.00 REC REFUND 16781 E•ALLARD ANI• IJATKINS 2,687.50 2,607.50 PLAN CHECK SERVICES 16782 BARBARA COHNES · ·- 30.00 ·- ... 30.00 REC REFUND 16783 BAY AREA/DIABLO PETROLEUM 86.07 96.07 MOTOR OIL 409.35 COPY PAPER 167~4 BOISE CASCADE CORPORATION 491.58 2.23 OFFICE: SUPPLIES 16705 CHEC'ENGINEERING CONSULT, 480.00 400.00 PAVEMENT MANAGEMENT 16796 COMMA IR 272.03 272.03 HVAC MAINTENANCE .. 16797 CORPORATE .. EXPRESS·- .. --· ..... _ 69.98 ·- .. 69.99 LASER CARTRI[IGE 16788 COUNTY OF MARIN 3.00 RECORDING FEE 16789 DELOITTE I. TOUCHE 2,660.00 2,660.00 CONSULTING SERVICES 16790 I•EPT OF CORPORATIONS s.oo s.oo RESEARCH REQUEST 16791 I•ISCOVERY OFF'ICE SYSTEMS 3,840.00 3,940.00 COPIER MAINTNANCE 16792 [IOWNTOWN VACUUM CENTER 85.69 85.69 VACUUM SUPPLIES .... 16793 EMILY DVORIN · ·- · . 15.00 15.00 BASKETRY SUPPLIES 16794 EMILY DVORIN 54.00 54.00 E•ASt,ETRY CLASS 16795 ERIC JOHANNSON 448.50 440.50 TENNIS CLASS ·- 16796 ERIK- .. IOHANNSON ------·-·-·-· ·-. 52100··--·-· ...... 52,00 REIMB SUPPLIES 47.56 SERVICE. LA~JNMOWER 33.67 SERVICE HE[IGETRIMMER ---16797 - ·EXPRESS TOOLS ·REPAIR-···---·--·--· 206.23·-·-- ·---- · 125.00 CHAIN SHARPENING 16798 FOf~D MOTOR CREI1IT CO 653.93 653.93 TRUCK LEASE 16799 HARRIS AND ASSOCIATES 1,999,06 1,999.86 PROFESSIONAL SERVICES -·- 16800 INl•EPENCIENT JOURNAL:·---·- 136.23 .. ------.. - 136.23 · - PUBLIC NOTICE 16001 IRRIGATION CONTROL 1,164.50 1,164.50 TROUBLESHOOT IRRIGATION 16802 JANE CLARK 25,00 25,00 REC REFUNI• 16803 · ·JEFFREY TAYLOR-·------·--·------... - ... 20.00------· · 20.00··· ·-.. REC REFUN[I 16804 JESSY LARDY 50.00 S0.00 REC REFUND 16805 JOHN HOLM 3,253,75 3,253.75 PLAN CHECK REVIEW ·.16806 HAZE AND ASSOCIATES· 138.00--- -.. --. 138.00 AUDIT 16807 MELISSA SERFLING 228.00 228.00 ADVERTISING SALES 16008 METS 632, 30 632, 30 LAB TESTS 16809 MRS KAR .. IALAINEN · 40.00 40.00 REC REFUND 16010 OPPOfffUNITY FOR INDEPEtmE 127, 50 127, 50 TEMP HELP 14.57 4592477 176.24 4575895 16.31 459:5074 257.27 2713077 . "·16011· PACIFIC BELL 497.86 33,47 4599403 16812 PACIFIC COAST SEEI• OMC 509.80 E;99,99 LAWN SEEI• 16813 f'AM ATKINSON 36.00 36.00 REC REFUND 16014 PAM MENKE 30.00 30.00 REC REFUN[I 16815 'PETTY CASH-RECREATION 133.:26 133.26 REPLENISH PETTY CASH 16816 PROF SERVICES INDUSTRIES 1.,510.00 1,:s10.oo ASBESTOS SURVEY 16817 RAMON PRUITT /TAE KWONI•O/ :S34.30 534,30 KARATE CLASS 16810 RAN[IY KIRTON 21.00 21.00 REIME• BRU•GE TOLLS 16819 RICHARD NISENBAllM 226.80 226.80 FEL[IENKRAIS CLASS 16920 S.A.P.O.A. BASEBALL CARDS 200.00 200.00 .TRADING CAR[I PROGRAM 16821 SAL.EM HOWES ASSOC• INC, '400.00 400.00 GEOTECfl R~VIE.W r: :· ... : 14 • l•Jf"'F:~:e1H'f ..:.1 ii:: ..~~r-. ENCLJME< i·!l.li·l\':Ef;, 1~LJML

ll17':i9 F'Ul':l..IC bf'1FETY Cf:i'JTt:J~ a2,(,0 B::~.vo 1.•ISPATCH COUFNCE 16763 E• + f.:1 • f·' .. 0 + {.·,.. Bt.;~)Efif)l..L c1:.-,F:i:t~~ ''i'()C· i ,)(' -?(;i(),\)0 Pi:i E'ASEI1ALL CAl~[tS 1676'1 Sf,MJ)f~'.~1 Cl ·li!1F~L.E!:~ ac. ~ ·)(\ ao. oo r;r~c REFUND :l67~>5 St-1NITt-tf.:Y DJS~Tr~JC'i ·:l"·:I. :.:::~~()) 00 ::.~50.00 SEWER PERMIT 1-!)76t.:.') . s.~PDA t:;7~-:;.oo 57!.:i.OO SEPT UIHON IAJES 16767 SCHl.-J~u~B INC 75.• 00 '75~ ()0 STAMPS '1676!;\ ~; l l:JNP1l.. t1l=t J f·JTENf.1MCt:· I HC ~ 1='151.) ( .t~8 J.; 1~i6. 4{> SlGt~~lL. t~PoHHEt~i>.l~CE 16'76<'/ ·THE F'UfEGur:.:ITY t:)Ei'='. 1)ICE 65,4C· (-.5,.tHJ l(EYS tCt7:1. Tl~E'.E t'18SOCI~1TE!3 .-\ ..;o.oo "1"10.0() TREE Tf'\l::'.ATMEiH 1e,7r·2 u., s·. POSTi'11~1STEB 2,000,00 2. 00(/, 00 REPLENISH POSTAGE Mc:TER u,773 VALERIE SHIGCR 90.00 90.00 RE::C F

...... :...... , . ... _,, •'.:"•/] i.:; ····.fl !A1 :·! :-·'. r ,.:, I'! h ;: ~:., J ~; 'I E. I"'\ ~·fcGE l

·r -~,~ j,ff,f,·+::,:\f·ri Tr~ r ,.;i.JfW·~ \.ir=· ('.HECI: i-~1HOLINT ENCUMB l)ESCRIPTION ::.;uE pu; :;·,Er· :1i··10ur.:·1 NlJME

''.)8/94 :1 •. :,7;_)~~·:.i'. F'1::1Cif~:i"C (·it;S ~ E::L.ECTf~IC 8, 1.1+1 .1..it B,141.14 UTILITIES '(>8/94 1.(;:7i)7H· PAL.I!. C:Hl.GHEL.L. ~..-2. 67 92.67 REii'if< MEETING EXPENSE '12/94 j.c!.>708->f GTE f·"il1BILNET CUSTl-"ii~ SE.RV 5.0~;. 5.09 CELL.UL.AR '12/94 :i '~·709* P~E .r.::-:-::1. 27 t B"~·2 ,. 1\.~ 27,842.10 l'olJGUST f(ETIREMEi-IT '13/94 1 .:;, ~_., 1 (>-~· T()l. ..JH OF '31~N ANf~E:l ... Mi:"' ~,. .. ~ I ~~O.t1 t 8..t+ 94,306~84 9/1~;/94 P•WROLl.. '14/94 :tC.711-X· ·rulJM OF 8?'1N J'.'1r~·3ELti0 :381.21 ~81.21 Mt-oNUAL PA YROL-L CHECI<: '14/04 1~171~~.)t LCiF:I Di':Clo'olll<· r:, ... J SH,-:.1w 172.5(\ 1n.~ PF(ESCHOOL/Dt-1 YCl'om:: '14/94 1(J7.15-~ l"li;~IN Dl'{OP1DBENT :.:!.~42 t (>0 342.00 PF\ESCHOOL/Df'• YCc>,f{E \.:... ~ ·15;c;o .." 1.6717i< TOWN CJF :~1;H i!:tN::~El ... MO ;:;11.C·:!. ~i1.02 MAi~UAl.. P{;YROLL CHECI( ··15;94 16719 {;ff:TOLJCH PAGH!G 5(~ t ()-i 56.04 PAGEHS '15/94 167!;.~() 1:!aMERic1::-1r~ fl'.OCI~ c:.. i!\Sf•H#1LT :L2c-'7'2 12.92 PHONE '1.5/94 16721 ,o,MITY SF'Ef:i:DY ST,::,MF· -'i3,..'i() ,,3, 'IO ST{1MPS '15/94 16"i'22 EVlCES 4"+.64 411.64 LONG DISTANCE '1:5/94 16733 - EAfn'H SCIEHCE cmmuL Tc"1tHS 586. 00.. - -· 586.00 PEER f(EVIEW ~15/94 16734 EXPRESS TOOLS REF'i"1IF: :m.49 38.49 TOOL SERVICE '15/94 1673~; FOUNTAIN SUITEE: 593.6() 593.60 LOllGING/MCI&ONALII '15/94 1{,736 G.F.0.1-). 130.00 ·130. 0() . MEMEIEf~SHif' __ '15/94 16737 GLASS !. SABH H4C 125.00 1~!5.00 wnmow REPAIR '15/94 16738 GOTELLIS RElffAL SEl':l.IICE ·W,07 110.07 HEI&GETRIMMER RENTAL '15194 . 1.!"739 GTE MOI•ILNET. CUSTMR SERV 72.5-'• ..... 72.54 CELLULAR ... '15/94 16.740 GUY TOf'\f\E •i(), 00 '+0.00 TROPHIES FOR SOCCER '15/94 16741 HAl~RlS AN[I ASSOCIATES 607.5(> 6()7.50 Pl~OF SERVICES '15/94 16742 I CMA t\ET If~EMENT Tf\UBT 'i57 3,705.0() 3,705.()0 RETIREMENT . '15/94 16743 lMDEF'EMDENT ,JOUF:NAL 168.40 168.•\0 LEGl'oL AD '1.5/94 1.6744 .JCi{1N BREIHA 5\>~00 ~:;o.oo F\l::C REFUND '15/94 16'";•45 .JCiHN HOLM ;:;,o.;o.oo 3,0·'I0.00 PLAN CHECI' REVIEW '/:1.5/94 1·S746 .JOHN t.f:,~11".ENCE 12(!.0•) 120.00 PUl':CH1~SE f(Ol-LERlCL{;[IE GOAL '15/(?4 167!•7 .JOI-II~ PAL.ETTA '11,1.()(1 1 j_ ...... I)() PW REFUtW '15/94 :!.67.;\8 LI~~,:·, l)i:;NCOB :1.0-=; 120 :L09. 20 CiUl;L TING CL.ASS '1.5/9it :I ('.;"(.If\~· t·i .. t-~,. f", E. •+60, ~:.B '160.18 M1'•1F'E r1EMET, 2~500.0<> 2,500".00 APFfo~ ISALS/FR,'\SER 805.98 i'~AD I 0 SHOP :1.,4·;>3,70 •JEHICL_E REPf.'oH\ '15/94 '.1.1.>7!:.~~ Hf',f':U! CO TAX CiJLLECTor:: 213i..3168 6'1.00 F\f',DIO SHOP. '15/94 1.67~;3 M.t,!'UN F'UE•l..IC EMF'l.., FCIJ 1 t?l':t .~:;o :1 .. r11.5<> CREDIT. UiUON ... ~ '1~j/94 1t>7~4 r'ii'oPJ:H ~nT\EETLJGHT .JPf:o . 911 :1.•)[. .oo 9; 108.()0 F~UimFF CCliffROL 1 15/Q.4 it~7~;5 MMRt': MCI10Nt1Lfl ..:~5~5-> (\{> 25ti1-00 t'iEAL.S/[•lSPATCH ·c1:our~SE 3,;,3,00 AtiVEIHISIHG SALES ":t.5/<_:>71 :i ._!. ~~.::; t·, ;.·iE'.L T ~;~·;:;n sr:r... FL r .·Ki .. ,.~:;·.\ ,.. .:,.;·. ~~-:;.:o. o~> . ON Glh~l;:[I CL.f"'1S8 "15/94 :! ·~·.. ··;·::·;~;, t·!OLC; i:-·r-:Ls~;.i :::~·~' (ii 2'1; ()J. f.JOCJI{ PlJf':CHA!>E '15/Q4 167?-;E: -'·IOl.)(.:1TC: FOF~[I t3' 2.'" 7~3 ~)1~~. 7~;, VEHICLE REPArn

i· ,., .. 1f·: ·~{~;.. ~-. L ;:.-.~~ . 1~.· t'; R F-: ,:.• ~ 2

rw 1,1:::,f·:r::.::.·jj.ff CHECI( Ei·ICUMI• DLl:SCl·~IPT IOi~ IE •~1.1;·:»:Ef.: •'•i·1CIUiH Nl.IMl'•ER

·1/<;J4 J.t.:.f.>aa Pi'oCIFIC UTILHY ECRlJ:f'"l-ii::;n •i5. 09 9:::i • 09 BUCtCHIE . 131, 52 131, ~;2 · CRYSTAL.S . 'l/94 16701 ~;rn~m~A . co. - F£F(50i'MEL ···------1.2400------.....1.2..00..-.,..--·--.-·- .n~e.INING.J:Ol~SOfQ:IUM ____ .....•. ------~-- -- -···-. V94 16.. i'(}2 srr~ECl(FUS T~-.:OPHY 16\>,88 1(,0.88 lt(Qf"HlES V'?4 16?03 SUMNYSIDE Nl.m~;i=.:r,y 1~'7 ·62 137. 62 F'l.ANTS 1/'74 1t;i'04-----T- lA .f~ ~SPORTS IHC .. ···---·---...:.8;?. .• 67.------683 •.62. .. ______.spma.s_i::GUIPMEiff_ ·-- -··. -··· --·---- ··--- 1194 16705 ~~.G. THOMPS>Ji~ INC 3, 735.00 3,735.00 PAINT FIRE S.TATlON 20 -·····---- GRAtW TOTAL DEi'1;;NI:tS----·---·-·-··- 48,137.11 ..../

. ~ -· -· . -. . - ----·- . -·-·- . ------·--~------

.. -·- --- ·-·--- .. ····-----·-· --·--·---·----·-·------

. . --·---··- -· ····--··--- ·----·------·------·------·-·------·-

··--·-·-·------·--···---· - ----·---~------·-·--·-·------·------./··-

,.. r.: £ G PAGE 1

Wi:·.r::PAN.l Cl·IECI·: ENCUi'iB I:aESCf~ !PT I ON NUtff:ER (,~iOU14T r•UMi'1RE M1'iINTENANCE . 1U:>51-- BRYf;r~ YCmKE ...... ·------265..:7.5..______265 •.7.fi ______,_f:Lt-.NH.lHG_.f\E:EUN[I______------·-·-··-. BUCl<:B ~>.%1 SET\~'ICE INC, 40, 76 'l0, 76 BLADES j_6653 Cd··,R.S, 135,00 135.00 SEMINAR CHii...l'.ll~Ci!St COUi"lClL OF S.F_ .. - ---- ____ _z;o • .ou______.. .50.• oo___ __ n;:eii:ilNG______.. ····------,---- 166~;5 CITIB;\HI( 1'15, 83 715, 83 CAMP FEES 16656 COUNTY f~ECORDER 13,00 13.00 RESUBMIT PERMIT ; ____ jf,657 fJEL • S EQUJ:PMENT SERVICE.. --- - . -·· ...... 1~7..:z...__ ___ ··- -18 d7______Cot1E:f(ESSQR.. OIL ___ _ 1c,.;,5a DELTA £JENT;',L F'Ui Oi~ C1>1LIF 2,496.41 2,496.4l. fJEifrilL. F·REMilJM 16659 Di:JUGL(~S b. LYN SHE?1RER 63.17 63.17 PLr-'lNNING REFUND . ·- 16660- ELECTROiHCS PLUS .. ------114+63 .ij.<\...6- OME1JIER...Cf'1BLE.______145.13 PLUMBING SUPPLIES 215.00 CONI•ENSATE LINE LEAK ---16c161-- ERNES"L .ONGARO .l• . SONS. li~C..------. 43!i....13 ______:io; 00 _B(.JHE:QOr.LCLOG 1<>662 Fi'1IRF1'1X LUMBET< 305, 74 305, 74 HARDWARE SUF·PLIES 16663 GLEI~ DINES 50.00 50.00 COPYRIGHT USE BROCHURE ·. ----16664---- Hi"1GEL . ..SUF'F'L'i'. CO... --· ·- --·------·- 3:J..S'4.2£!______3.1.9.~.2.8 .JAlilJOEU.AL-5Uf:£:LIE5-__ ----·-·------·--··- ·- 75.18 ELECTION AD 16f,65 INDEPENDENT JOlJRNo<-.L_ 1 1 14:;::;, 90 l., 070, 72 LEGAL AD ·---1 c166f,. . . •. JACt,:SCiNS HARDWARE .... -·-- ·------·-··--21 • ..1.'2---. ----· . ...2.14.i.2______Ht..f·mL~AAE. .. SUF'F'LIES ------16667 JO.BS AVAILABLE 25.00 25,00 SUBSCRIPTION 16e·68 JOHN t, t';AURED-1 GEOGHEGN~ 84.92 84.92 PLANCHNG REFUND . ---1.6669-- JOHii -Cf1PM:~ll - . ------·-·- . ·• 62:1.• ~7.a _____..J.. 621 .:za ___ ---- B£iotLF'URCl:lASE ---·- 16670 !(EARNEY O'flt-1iHON 13.92 13092 PLANIHNG REFUNI• l.6671 LAUREN G1<1Lf\NES 120, O() 12(), 00 f'EC R~:FUND j ,DVERTlSING 310.80 ADVERTlSlMG 1~1..7.l.>­ M;o,r~ I Ii SCOPE . -··------·---437 •. 12--·---··-·-126.39_____ :______F:lJI•LIC__ NOUCE. _ ··---·------·--···-·· l./,6,77 Ml~Rit~ SUPPLY en 16l.. 79 J.61, 79 SUPPLJ.ii::S 1/.,670 M~,T~JONEt 112, 93 112 , 93 WORlEr.:~-LI~iG -· ·- --·-· --- ·----·•;0,00------•10400.------·- .. REC .. REEUNl:I. 166130 MCI.. XSSA SFHFL.Ii·JG 83'\, 00 8:~4, 00 (-L. F"LP1NtHNG REFUND 'I c".~';(f:~ NlCI i~:1:1r.t:;f~JL.. :i.7'~.,50 i 79 .~;() · PL,;NNH•G F:EFUl~[1 l.'-6:;:;.:~ OFF :t Gt:: J'1r:·:··1.Yf ...~ ... ~<}., l

\.' l-i1''~:RAi~T RE:GISTER PAGE 1··

flrYfE OF WA~-:~RP1N"f CHECI( AMOl!t~T Ei~CUMB·. ISSUE t~UMBEI': l1i'iDUiH l~Ut1B~R,

9/01/94 J.. ',~i86 t.1FLt'1C 93.78 93,78 INS PF~EMilfM . 9/01./94 1._, 40 ____90 .L 4{L____ S\EC...BEE!,1Nfl. ______.... ---·-· ------_ 9/01/9'1 16607 .JILL SYMONS 4'i.00 44,00 REC REFUND · 9/01/94 16608 LYL.E NISENHOl-Z 170,00 170,00 CAr·.:TOQN CLASS ~/01/.94 .... i6609... _JiAf'.:Il-Ll'illiLIC.·-EciE'.L._ li:CU__ .9~li~_c;o --1.,.2.7.1~ 50 .C[~ErirT_llHlOl::L ------9/01/94 16610 MARIN WEIGHTLIFTING CENTR 120,00 120,00 CLASS INSTRUCTION I. 9/01/94 16611 MARTIN BLAKE 45.00 -45.00. REC REFUND · ------.2/...Qi/9A___i66~....Mm. ..c.BOt. ?O. 00 --20.....00 U.i:IE:IliiE: _____ 9/01/94 16613 MATT DUCEY 150.00 150.00 · BASEBALL SUPERVISOR 9/01/94 16614 MEf(CEitES POGGIO 65.00 65,00 REC REFUND...... ---- 2L.01/.24 .. __ .i6615___ MICHELLE._UWEE______1QO" 00 __ ... lOQ,,_00 . REC. B.EF.Ut:m ___ ------____ . _ ------9/01 /94 16616 MILES BALANO 75,QO 75,00 SUPERVISOR ) . 9/01/94 16617 MIRACLEAN MAHffENANCE 1,050.00 1,oso.00 .JANITORIAL ..9/.oi/94 ...... i6618 •• ___MrJNI.cA...c.;LI1wE1 1 ___ 122..ho______12.2...6Q , __I•Ah!CE ... cLi;ss__:_ __· . _ ·- ·---- ______. 9/01/94 16619 MRS LUSTEHMAN ao.oo ao.oo . REC REFUNI• 9/01/94 16620 MRS MACLISE 70.00 _70.00 REC REFUND· . 9/01/..9<1 _ _ :!.6.!.2.1 --....l!iYERa.SIE!JENS_t._co ... ..INC. ______1_,_2:Z~.--__L 27..4...~ _____F.:I•_E•Eh!EF.I.'f_a_ __ ... ------...... _ . 9/01/94 16622 F'AT BROADBENT 204.40 204,40 REIMB SUPPLIES 9/01/94 16623 f''Of.•IN HENSON 98.00 98.00 REC REFLJNI) 9/.01./.94 .· 16624•. _.ROI•SOiLHOUSE... ASSOC. . _ .:______,, __30Q .•. oo______3.0Q, OQ SEE:.L C.Ot.-lIBACI_____ . ______---- .. ------· - . ------9101/94 16625 ROSS WoLLEY FIRE SEF634 WATEl',SAVERS IFmIG(~TlON 219.21 219.21 IRRIGATION SUPPLIES 9/01/94 J6635 ~JEST PUBLISHING co· 69.10 69.10 REFERENCE _.. ______----,-.,-_ GRAND -TOT AL I•EMANr•s--,~:--,-,-"-- 206. 100. ao... l<-!l: ·------···------.------

.... ·i·:: ,.· :'-~ -:-~-- ..,------,. ·~~

TOWN OF SAN ANSELMO TOWN COUNCIL STAFF REPORT

For the meeting of October 25, 1994

TO: TOWN COUNCIL FROM: F. Delvin Washington Planning Consultant

SUBJECT: SECOND UNIT RENT AND TENANT INCOME LIMIT ADJUSTMENT RECOMMENDATION That the Town Council adopt the attached resolution which rescinds Resolution No. 3199 and thereby increases the current rent and tenant income limits by 1.9%, consistent with the Consumer Price Index cost of living increase. BACKGROUND

Since 1976 the Town has limited rent and tenant income for residential second units. More specifically, Section 10-6.60i of the San Anselmo Municipal Code states that: "Prior to the issuance of a use permit ... of this Chapter, the applicant shall have executed a contract with the Town under which the applicant is obligated to rent the unit at a rental rate within a scale established by resolution of the Council and further obligated to rent only to persons whose incomes meet a low income definition established by resolution of the Council. ... " These incomes and rent limits were last adjusted by the Town Council in August 1993. The intent of Council is that periodic adjustments occur to compensate for increases and decreases in the cost of living. The 1991 Council resolution authorized ·that future adjustments be placed annually on the consent agenda. Thus it is recommended that an adjustment be made at this time. · The respective and accepted definitions of moderate and low income households are those earning between 80% and 120% (moderate) and 50% and 80% (low) of the County median income. Until 1989, the Town's historical definition of low and moderate income has been the common point between the two categories, or 80% of County median income. When the Council established the limits in 1989, a factor of 65% of County median income, or the mid-point of the low income category, was chosen. .,. -

1994-95 CONSUMER PRICE INDEX INCREASE

On August 24, 1993, the Council increased rents by 3.0% based on the Consumer Price Index (C.P.I.) cost of living increase for a 12 month permit between July and June. Over the past 12 montl) period (between June 1993 and July 1994), it was found that the C.P .I. cost of liVing factors increased .1.9% (see attached Consumer Price Indexes for Pacific Cities and U.S. City Average).

The table below reflects the current adopted tenant income limits and rent limits, as well as the proposed limits based on this 1.9% increase. TABLEl Tenant Income Limit

Household Current Proposed 65 % of Median Size Limit Limit Income for (1.9% increase) · Marin County

1 Person $23,289 $23,731 $26,195 2 Persons 26,616 27,122 29,965 3 Persons 29,942 30,511 33,703 4 Persons 33,269 33,901 37,440 5 Persons. 35,344 36,016 40,430 6 Persons 37,417 38,417 43,420 7 Persons 39,493 40,243 46,410 8 Persons 41,607 42,398 49,433

Rent Limits (Excluding Gas and Electricity)

Unit Current Rent Proposed Rent Size Limit Limit (1.9% increase)

Studio $430 $438 1 Bedroom 518 528 2Bedrooms · 609 621 3 Bedrooms 798 813 4Bedrooms 871 888 -.------',. I ·''i

Rent Limits (Including Gas and Electricity) Unit Current Rent Proposed Rent Size Limit Limit (1.9% increase)

Studio $451 $460 1 Bedroom 548 558 2Bedrooms 648 660 3 Bedrooms 856 872 · 4Bedrooms 933 951 CONCLUSION AND RECOMMENDATIONS Based on the above information, which includes the Consumer Price Index cost of living increase ·over the -12 months between June 1993 and July 1994, it is recommended that the Council adopt the attached draftresolution, thereby adjusting · the current rent and tenant income limits by 1.9%.

Prepared by:

F. Delvin Washington Consultant Planner TOWN OF SAN ANSELMO RESOLUTION NO.

A RESOLUTION OF THE TOWN COUNCIL ·OF SAN ANSELMO AMENDING RESOLUTION NO 3199 ESTABLISHING SECOND UNIT RENT AND TENANT INCOME LIMITS AS PROVIDED FOR BY ORDINANCE NO. 706

WHEREAS, Town Council Resolution No. J153 provides for the periodic adjustment to the rent and tenant income limits for second units to compensate for increases· and decreases in the cost of living; and, WHEREAS, it has been determined by the Town Council, following a public hearing on October 25, 1994, to consider an adjustment to those limits. · NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of San Anselmo confirms the following maximum rent and tenant income limits for second units authorized by Ordinance No. 706, and concurrently rescinds Resolution No. 3153. The Town Council further authorizes that the future adjustments to maximum rent and tenant income limits be· placed annually on the consent calendar during the month of August. ·

Tenant Income Limits Household Income Limit 1 Person $23,731 2 Persons 27,122 3 Persons 30,511 4 Persons 33,901 5 Persons 36,016 6 Persons 38,417 ?Persons 40,243 8 Persons 42,398 Rent Limits (Excluding Gas and Electricity)

Unit Size Rent Limit

Studio $438 1 Bedroom 528 2Bedrooms· 621 3 Bedrooms 813 4Bedrooms 888 Rent Limits (Including Gas and Electricity)

Unit Size Rent Limit

Studib. $460 1 Bedroom 558 2Bedrooms 660 3 Bedrooms 872 4Bedrooms 951

PASSED AND ADOPTED by the Town Council of the Town of San Anselmo at a regularly scheduled meeting held on the 25th of October, 1994, by the following vote:

Ayes:

Noes:

Absent:

Paul Chignell, Mayor

ATTEST

Town Clerk, Caroline Foster CONSUMER PRICE INDEXES PACIFIC CITIES AND U.S. CITY AVERAGE

ALL ITEMS INDEXES (19,82-84•100 unlo1111 otherwi11e noted) JULY 1994 AND 1ST HALP 1994

ALL URBAN CONSUMERS URBAN WAGE EARNERS AND CLERICAL WORKERS PERCENT CHANGE PERCENT CHANGE Year 1 Month Year 1 Month INDEXES ending ending INDEXES ending ending JUNE JULY JUNE JULY JULY JULY .JUNE JULY JUNE JULY JULY MONTHLY DATA JULY 1994' 1994 1994 1993 1994 1994 1994 1994 1994 .1993 1994'. 1994 142 .1 145.4 U5.o ·2.4 2.6 0.3 U. s. City Av9rage ...... 144 .4 140 .o uo.4 2.5 2.0 0.3 432.6 443.3 4U .4 423.2 433 •. :a 434.3 ( 1967•100) •••••• ·•••••••••• 1'6.1 146. 5 0.9 1.2 0.3· LOe Anaalea-Anahelm-Riverelde •. 149.• 0 151.3 151.7 1.1 o.J 1'4 .8 442.6 '46.9 ue .2 420.1 431.7 433.0 11967·100) •••••••••••••• ;. 144 .1 1'5 .7 1'6 .·6 1.2 1.7 0.6 San Pranci•co-Oakland-San Joaa. 146.1 140. l 140.9 1.4 o.5 . 455.4 457.8 430.7 443.0 u6.4 11967•100) •••••• ~········· 449.1 @ 0.4 143 .4 146.1 146. 7:· 1.9 0.4 Neat ...... 146.0 140. 9 1'9. 5 2.9 2.4 ..;: 2 :3 240.0 241.7 230.8 235.1 236.0 IDoc. ~977 • 100) •.•••••• 236.0 . ;~i 2. 0 0.3 147 .7 150 •. 4 150.9 1.0 2.2 0.3 143. 6 146 .o 1'46.5 1.6 Weat - A ••••••••••••••••••••• 232.5 236.3 237.1 (Dec. 1977 • 100) •••••••• 240.9 2,5.3 246.0 3.4 0.9 144. 9 140. 6 150.0 3.2 3.5 o.9 142.0 146 .4 1'7. 7 3.0 Weet - C •••••••••.•••••••••.•• 22·0.J 225.0 227.7 (Doc. ,1977 • 100) •••••••• 224.0 230.5 232.7 .. i.i.ERCENT CHANGE TO INDEXES PERCENT CHANGE TO INDEXES lST KALP 1994 19T HALF 1994. . FROMa lST 2ND 1ST FROHa 19T 2ND .,1ST lST HALP 2ND HALI!' KALP KALP HALP lS~. HALP 2ND KALP. SEMIANNUAL DATA' KALP HALF HALF 1993 1993 1993 1994 1:993 1993 1993 1993 1994 . 1993 132.6 134.1 2.1·' 1.1 Anchorage ....•...... •...... 131.5 132.0 134.l .2.1 1.1 131.4 350.4 342.0 3'5.2 349.2 (Oct. 1967•100) •••••••••• 351.0 354.6 0.9 150;6 161.6 163., 3.0 1.1 159.4 162.0 163.5 2.6 Honolulu ....•...... 445.3 452.6 456.8 (1967•100) •••••••••••••• 436.5 444.9 4'9. 8 1.2 1'3 .6 145.0 1'7 .7 2.9 1. 3 140.3 142. 6 144.3 2.9 Portland ...... ; ...... 416.1 11967·100) •••••••••••••• 420.3 426.9 432.4 404.5 410.9 150.8 154.3 2.6 2.3 140.9 141.0 144.0 2.2 2.1 San Diego ...... 150.4 464.4 (1967•100 I ••••••••••.•••• 508.7 510.0 521.6 454.4 454.6 1'3.9 1'6 ,4 3.2 1. 7 130.9 141.1 143 .7 3.5 1.0 Seattle ...... 141.9 426.2 (1967·100) •••••••••••••• 432.• 4 ,30 .5. 446,5 411. 9 418 .6 Size claeeee1 A·• 1,250,000 and over, B •Not· available for West, C • 50,000 to 330,000, D •Not available for W~at.

Release data August 12, 1994. For more information call 1415) 744-6600 or 1213) 252-7521. CPI 24 hour hotline numbers tor the pacific cities ara a.e foll.owe 1 1206) 553-0645. Loe Angeles (213) 2.52-7520 (619) 557-6530 Seattle Anchorage 1907) 271-2770 1415) "'-6605 Honolulu (000) 5.41-2800 Portland (503) 231-2045 ,--. .,-.i------... ~ 10/10/94 14:LJ5 MAR I ~-l HOUS I ~lG AUTHOR I TY. N0.536 GJ02 "--..... --=-=?Y 1994 COUNTY OF MARIN INCOME L!MIT SCHEDULES Effective 5-31-94 MAR'N SECTION 8 COBG BMR PROGRAM HOUSING - Making Housing More Artordable 30 N. San Pedro Road "Very Law 11 ''Low Income 11 Median Income 12oi of Med. Posl Officr: !lox 4282 San Rafael Californiu 94913 .-.. l!Accutivc: Dirc:c1or ·20,soo 271950 40,300 48,400 J:ine1 Miller Schader 23,400 31 )900 46,, 00 55,300 Deputy Dirccltlr 26,300 35,900 62,200 Michael D. l

Effective May 31, 1994. Section 8 & CDBG Schedules issued by HUD.·... BMR,.Program Schedu1 e based on FY 1994 median family income of $57 ,600 for a family of four for the San Francisco PMSA, as determined by HUD, with adjustments for smaller and 1arger household sizes. 0367E/940531

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. MEMORANDUM . TO: Town Countil. FROM: Ann Chaney, Planning Director

SUBJECT: A-Frame Sign violation

At the October 11, 1994 meeting, John Stover, spoke during open time. He stated he had placed an A-Frame sign in front of his business at 895 Sir Francis Drake. Boulevard and had received a notice from the Planning Department that such signs are not permitted and he should remove it or obtain a Variance .. Staff was responding to a complaint we had received. Mr. Stover presented photographs of several other places in Town where similar signs exist. However, he has since called the Planning Department office and stated that he will be filing a Variance application shortly. At that time, staff and the Planning Comission can address similar violations throughout Town. ..~; • ;- I;_ ..,., -: . ~-

TOWN OF SAN ANSELMO TOWN COUNCIL RESOLUTION NO.

A RESOLUTION OF THE TOWN OF SAN ANSELMO TOWN COUNCIL APPROVING A USE PERMIT AMENDMENT TO ADD DAY CARE FOR GRADES K THROUGH 3 SPONSORED BY ABC ACADEMY; A VARIAN CE FOR A REAR ACCESSORY STRUCTURE TO BE · RECONSTRUCTED AND EXTENDED WITHIN 4' OF THE REAR PROPERTY LINE, WITHIN 5'6" OF THE WEST SIDE PROPERTY LINE, AND WITHIN 5' OF THE EAST SIDE PROPERTY LINE; AND A PARKING VARIANCE FOR THE NUMBER OF PARKING SPACES TO . REMAIN SUBSTANDARD WITH• THE BUILDING EXPANSION AT 176 TUNSTEAD A VENUE, A/P 7-213-45

WHEREAS, on April 14, 1994 the applicant, Carolyn Handelin, applied for setback variances to reconstruct and extend a rear accessory building; a parking variance to maintain existing parking; and- a use permit amendment to add day care for grades K through 3 at 176 Tunstead Avenue, A!P 7-213-45; · WHEREAS, the Planning Commission held public hearings and heard the staff reports and public testimony at their meetings on June 20, July 11, 1994, and August 1, 1994; WHEREAS, the Planning Commission conditionally approved the applications on August 1, 19~4; · WHEREAS, the Town Council held public bearings to discuss an appeal of the Planning Commission's determination, and heard the staff reports and public testimony at their meetings on September 13, and September 27, 1994; WHEREAS, THE Town Council approved the applications on September 27, 1994, subject to the following conditions: 1. That the maximum combined number of children in the pre school and elementary school programs shall not exceed 35 at any one time;

2. That the hours of operation shall not exceed 8:00 a.m. to 5:30 p.m.; 3. That the hours of outside activity in the afternoon shall be. limited to a combined total of 3.5 hours for the pre school and after school program; 4. That the design of the rear building shall be in conformance with the plans received by the Town of San Anselmo and dated July 4, 1994, with the roof pitch to be 3 in 12; 5. That the "storage area" on the east side of the dwelling shall be cleared and the gates left open for vehicular parking during operating hours; 6. That a 1' by 2' sign, subject to design approval by staff, be placed on this driveway that reads to the effect: "Parents, Pull Vehicles through to End of Driveway"; · 7. That on a biannual basis, the. applicant provide written information to those persons dropping off and picking up children, stating that the school driveway shall be used to its maximum potential by pulling in vehides to the end;

8. That the applicant work with the neighboring property owners of 190 Tunstead Avenue to design a small sign to be placed on the neighbors' driveway, reading to the effect: "No ABC Parking"; . .

9. That the applicant shall· strive to minimize disruptive noise to the residential neighbors, · including: the replacement of plastic-wheeled toys with rubber-wheeled toys; the total outdoor time shall be 3.5 hours in the afternoon; soundproofing material shall be used . in the ceiling and walls of the rear building (Suggestions include metal resilient clips and double glazing. Material to be approved by staff); and closing time will be 5:30 p.m.; 10. · That there shall be a Planning Commission public hearing review of the proposed program six months after occupancy~ At that time, and prior to the public hearing, the · Planning Commission shall be presented a specific written report from the Ross Valley.· · Fire Marshall, and a specific written report from the Police Chief regarding traffic relative to this use. After the six month review public hearing, the Planning Commission shall provide· the Town Council with a written report of their findings; . .-: . ..,··.,· . ·. ~ . . 11. That the applicants shaJl work with staff to select plant species which will provide partial screening of the rear wall of the rear building; · 12. That the hours· ·of construction shall be Monday through Friday, between the hours of 8:00 a.m. and 4:30 p.m.; 13. · That the replacement of the rear fence not to exceed 6' in height above grade at any point. NOW, THEREFORE, THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO DOES HEREBY FIND AS FOLLOWS: Section I. Findings required for the approval of Setback and Parking Variances pursuant to Section 10-3.1405 of the San Anselmo Municipal Code: . . Finding L Due to special circumstances applicable to the property, including size, shape, topography, locatioiz, or surroundings, the strii:t application of the controlling zoning ordinance deprives the property of privileges enjoyed by other property in the vicinity and under an identical · zoning classification, and the granting of the variance will not constitute a grant ofspecial privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; and Setback Variances: The accessory building is built within 4' of the rear property line and within only a few · feet of a play yard sidewalk. This sidewalk winds around the entire yard and is used for the children to ride their toys in a one way direction around the yard. An expansion of the front wall of the building would necessitate either terminating the sidewalk in this area, or moving it closer to the large bay tree, which could destroy the tree. Staff can make the special circumstance finding related to surroundings in this case to permit the expansion to the east, which necessitates rear yard and side yard setback variances. · · Parking Variance: The 8: on-site parking space requirement is intended to be for general commercial uses and it may be excessive for this type of use. Finding 2. The granting of the variance, under the circumstances of the particular case, will not materially affect adversely the health or safety of persons residing or working ilt the neighborhood of the property of the applicant and will not be materially detrimental to the public welfare or ., ' injurious to property or improvements in such neighborhood. Setback Variances: When viewed from the rear and side properties, the reconstructed accessory building is likely to present a less bulky appearance than the existing structure. There is a similar existing accessory structure immediately to the east at 172-174 Tunstead Avenue. The proposed .accessory building would be consistent with General Plan Land Use Policy lLl,. and reinforces the General Plan land use designation for this neighborhood.· Parking Variance::

Including the area currently used for storage, there are 4 on-site parking spaces, albeit three are _in tandem arid one is on a substandard pad. The combination of the on-site parking arid street parking appears to· be adequate for the school staff. It has been stated by residents in the area that parent parking has been a problem in the past. · _.However, the elimination of the storage and the signage to require parents to "pull up" into the driveway should eliminate the problem. The pick up and drop off typically is workable for. preschools and after school programs because the arrival times are staggered. It is at the ·elementary schools, when the hours are not significantly staggered, that parking becomes a problem. . - . . . ·.· Section IL Findings required for the approval of the Use Permit Amendment pursuant .to Section 10-,3.13~5 6f the San Anselmo Municipal Code: · . 1. Use Permit Finding. The establishment, maintenance, or operation of the use will not, under the circumstances of the particular case, be detrimental to the health, safety,.peace, morals, comfort,· and general welfare of persons residing or working in the neighborhood of the proposed use, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare · of the Town. · ·

The expansion of the use to include after school care-for K through 3 graders will not be detrimental to the health; safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood, or be detrimental or injurious to property or improvements in the neighborhood or to the general welfare of the Town. The number of afternoon children will increase by 11, but will not exceed the morning number. The older children and the younger children will be grouped separately to encourage age-appropriate play. The combined maximum outdoor afternoon play for the pre school and afterschool children will be 3.5 hours. . PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF SAN ANSELMO at a regularly scheduled meeting on October 25, 1994, by the following roll call vote: ·

AYES: NOES: ABSENT:

MAYOR

•• 1., TOWN OF SAN ANSELMO STAFF REPORT October 21, 1994

For the meeting of October 25, 1994

TO: Town Council

FROM: Beth Pollard, Town Administrator

SUBJECT: GARBAGE FRANCHISE AGREEMENT

RECOMMENDATION-

That Council approve the attached garbage :franchise agreement with James Ratte

BACKGROUND

At the Council meeting of October 11, 1994, staff reported on the. significant differences between this agreement,· and the current agreement with Ray F arrest. After some discussion on th~ new provisions, Council approved the request from Mr. Ratte that action on the agreement be continued to the next regular meeting. The continuance was requested to allow time for clarification on an issue in the rate review policies and procedures.

DISCUSSION

The issue that is pending resolution pertains to how the depreciation of assets is handled in . the rate review process. The Town's consultants on establishing the new rate review · model - Deloitte & Touche are in the process of discussing this issue with Mr. Ratte' s accountant. If there are any changes recommended by Deloitte & Touche, or requested by Mr. Ratte, staff will report these to Council before or at the Coundl meeting .

. CONCLUSION·

If approved by Council on October 25, and by Mr. Ratte, the scheduled effective date of the new franchise agreement is November 1, 1994. Upon agreement, the Town and Mr. Ratte will begin work immediately on the transition to the new provisions and collection company.

Attached is a copy of the proposed franchise agreement, and attachments. Other than the changes. noted at the October 11 meeting, the agreement remains unchanged.

Staff will be available to respond to questions from Council.

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GARBAGE FRANCHISE AGREEMENT

The agreement of April I, 1990, between TOWN OF SAN ANSELMO and SAN ANSELMO GARBAGE DISPOSAL, INC., is nullified effective by mutual agreement and replaced by a renewed agreement represented in its entirety by this document.

Section 1. Definitions ·

The following words and terms shall have the meanings respectively ascribed thereto for purposes of this agreement.

Section 1.1 "Town" shall mean the Town of San Anselmo.

Section 1.2 "Town Administrator" shall mean the administrative and financial officer of the Town of San Anselmo.

Section 1.3 "Contractor" shall mean San Anselmo Refuse & Recycling, Inc. and its designated representative(s).

Section 1.4 "Operating Costs" shall mean any or all allowable costs properly allocable to the performance and operation of the exclusive franchise granted herein for the purpose of rate determinations, as explained in Exhibit "4''.. For rate making purposes, interest costs are not an allowable expense, unless authorized by Town in a rate review. Allowances for each particular cost will be reviewed and will be allowed in the rate as determined reasonable by '.fown.

Section 1.5 "Operating Year" shall mean the 12 month period commencing on January I of each year and each successive 12 month period thereafter throughout the term of the agreement.

Section 1.6 "Solid Waste" shall mean putrescible and non-putrescible solid and semi-solid material. The term solid waste includes garbage; refuse; trash; rubbish; kitchen or table food wastes, animal or vegetable wastes; tree, shrub or bush trimmings; newspapers; magazines; ashes; paper; cardboard; cans; aluminum cans; yard clippings; wood; glass; bedding; crockery; plastics or rubber by-products; litter; animal excrement; vegetable or animal sewage; industrial wastes; demolition and construction wastes; and discarded home and industrial appliances.

Section I. 7 "Recyclable Materials" shall mean and include all waste materials which may be commercially reprocessed for beneficial use which are disposed of for recycling purposes. These shall include, but are not limited to metals, paper-based materials, plastics, and glass.

Section 1. 8 "Lifeline service" shall mean a bi-weekly garbage collection service provided, upon application to the Contractor, to single family residents over age 65, at a reduced rate.

Section I. 9 "Intensive Recycling" shall mean a less frequent garbage collection service for residential or commercial customers who make successful application to the Town Administrator.

Section 2. Grant and Acceptance of Franchise

Town hereby grants to Contractor, and Contractor hereby accepts and agrees to perform, the exclusive franchise to collect all solid waste generated on any residential property and on any commercial, retail and industrial property located within the Town, and dispose thereof at a site or sites approved by Town, except that, collection of solid waste generated by temporary and intermittent construction, alteration, repair or demolition, or hazardous industrial and manufacturing waste shall not be exclusive to Contractor.

Section 3. Term

(a) Commencement and Expiration. The term of this agreement shall commence upon the date of execution between the two parties, and shall expire eight years from the date of execution.

(b) Extension. Upon commencement of the fourth year of the agreement, Contractor shall have the right to request a four (4) year extension. The Town, in its sole discretion, shall grant or deny the request. if the first extension of four years is approved, Contractor shall have the right to apply for a similar extension every fourth year during the life of the agreement. If the initial or any subsequent four year extension request is denied, Contractor shall have the right to apply for an

1 extension of four years once each year during the life of the agreement. The Town, in its sole discretion, shall grant or deny the request.

(c) Consideration. Contractor shall pay to Town during the term of this franchise a percentage of the gross annual receipts of Contractor arising from the use, operation under, or possession of this franchise agreement from the schedule listed hereafter in Section 3(d). Contractor shall pay Town said franchise fee in installments within twenty (20) days following the close of each successive calendar month during the term hereof, based on gross receipts for each such month and accompanied by a statement of the calculation of the franchise fee. Town reserves its right to collect franchise fees for services performed by Contractor in unincorporated areas adjacent to San Anselmo unless or until the Town is pre-empted from collecting franchise fees in those unincorporated areas by a superseding jurisdiction.

(d) Franchise Fee Schedule. Town reserves its right to establish the franchise fee. Any increase in franchise fees shall be revenue neutral and may be passed on to the rate payers without rate review. Unless or until amended by Town, the franchise fee paid by Contractor to Town shall be calculated from the following schedule:

To December 31, 1997: Six (6) percent· January 1, 1998 to October 31, 2002: Eight (8) percent

Section 4. Services

(a) Collection. Contractor agrees to collect all garbage, refuse, rubbish, and other waste and to operate a recycling and reclamation program in Town in accordance with the provisions of Chapter 3 of Title 5 of the San Anselmo Municipal Code and this agreement, provided non-profit educational or charitable organizations are not precluded from also operating recycling and reclamation programs.

(b) Services to Town. Contractor shall remove without cost to the Town, the contents of all sidewalk litter and recycling cans provided by Town every weekday, and shall remove all properly contained garbage, waste and recyclables from all Town buildings and properties every week, including providing two (2) cubic yard bins and debris boxes for the Town's sole use as requested.

(c) Bi-Annual Town Cleanups. Contractor shall cooperate with Town in sponsoring two cleanup weeks per year. During the authorized cleanup weeks, Contractor shall pick up from residential customers up to two (2) cubic yards (equivalent to fourteen (14) standard 32 gallon cans or bags) of dry waste from each account. Materials left for these cleanups must be capable for being easily loaded into standard garbage packer trucks and shall not include white goods (i.e. appliances) or dirt, rock, and concrete.· The twice annual cleanups will occur on the regularly scheduled garbage collection days of residential customers

(d) Service. Rate. Billing. and Public Service Announcements. Unless otherwise requested by Town, Contractor shall provide written infommtion no less than annually to subscribers about garbage and recycling services, rates, and billing options. Other Town information shall be included in Contractor's communication with subscribers at the request of Town.

(e) · Bin Placement. No refuse shall be placed in a location at which parking has been prohibited, except as authorized by the San Anselmo Police Department.

Section 5. Rates

Contractor agrees to charge for said collection services those rates and prices set by Town Council from time to time after P_!l~lic lie.Cl!i!1K.l!_l!!_Sll_'!flt 1C?_ S_lin .Ans_elmo Mu_nicip_~l C_Qde Se_ction 5':'3.05. __ The current rate schedule, approved by Town Council, is attached as Exhibit 1.

Section 6. Rate Increases and Review·

(a) Tipping Fees. Commencing January 1, 1996, Contractor shall be entitled to pass-through any increase in tipping (disposal) fees levied by the disposal site authorized pursuant to Section 2 onto the rates approved pursuant to Section 5. The pass-through of any higher tipping fees shall be calculated so as to represent no net revenue gain by Contractor. Contractor shall notify Town promptly of any increase in tipping fees which will result in increased service fees assessed to Town's residential or commercial customer and provide a summary of calculations used to compute the pass-through.

2 (b) Rate Increase (CPI). In addition to (a) above, commencing January I, 1997, Contractor shall be entitled on January lst of each year to increase existing rates by an amount equal to the annual increase in the United States Department of Labor Consumer Price Index for the San Francisco-Oakland-San Jose area, all urban consumers, hereinafter referred to as CPI, measured for the previous twelve (12) months ending in June of each year, applied as a percentage to that portion of the current residential and commercial can rates, and cubic yard rates, not related to tipping fee expense. Contractor shall notify Town in advance of any such adjustment and will provide a summary of calculations used. The annual charge under this section shall not exceed eight (8) percent.

(c) Rate Review. Contractor shall submit an application for rate review no later than March 20, 1996 and shall make subsequent applications at three year intervals. The application shall be based on the procedures and structure outlined in Exhibit "4", titled "Policies, Guidelines, and Recommended Procedures for Rate Applications Submitted by San Anselmo Garbage Disposal" · and "Additional Notes on Rate Review Issues," and practices amended to this agreement." The cost of the rate review shall be the responsibility of Contractor, and shall be considered an allowable expense for purposes of the rate review. Any rate adjustments resulting from said rate review shall be effective no later than the following January I after the rate review.

(d) Special Interim Rate Review. Contractor may apply for consideration of a special interim rate adjustment should an event or circumstance arise which substantially affects the economic operation of Contractor. A special application for allowable expenses may be considered by Town under the following circumstances:

(i) If Contractor's cost for gasoline and/or fuel increases or decreases (due to per unit price changes only) more than thirty (30) percent in a period of less than six (6) months, and said increase or decrease (using current prices and last six month unit volumes for gallon and/or fuel) affects the Contractor's gross rate of return by more than five (5) percent (6 month dollar increase/decrease divided into 6 month gross revenues).

(ii) The Town has mandated changes in garbage collection or disposal methods, or has mandated changes in recycling collection or disposal methods.

(e) Notice of Rate Review. On any application for rate review under Section 6 (c) or (d) Town Administrator or his/her designee shall schedule a public hearing thereon before the Council in not less than sixty (60) nor more than ninety (90) days from date of filing. Contractor thereupon shall notify all subscribers by mail, at least thirty (30) days in advance of the hearing date, or the substance of the request and of the time and place of hearing, in a form approved by Town, and shall file an affidavit of mailing with Town.

(f) At any time, upon request, Contractor shall meet with Town to discuss rates for service and answer any questions or concerns that may arise.

Section 7. Accounting and Reporting

(a) Accurate Records. Contractor shall keep, maintain, and, if necessary, furnish copies to Town of accurate records of accounts, books, financial records and statements, charges, and receipts, of all collection in Town. Said accounts and records shall at all reasonable times be open to inspection by Town. ·

(b) Chart of Accounts. Contractor shall provide Town with a chart of accounts, with definitions for each-category indicated. Upon request by Town, Contractor shall provide updates to the definitions_f<;>r_the categorJe~. ______

(c) Financial, Customer Services. and Garbage/Recycling Report. Contractor shall furnish Town an annual financial , customers services, and garbage/recycling reports on March I of each year, reflecting the annual performance of the Contractor for the calendar year ending the prior December 31.

(i) Financial Report. The financial report shall be prepared by a certified public accountant, and will contain such information as specified in Exhibit "4" or in other Exhibits, amended to this agreement. Town retains the right to request and obtain an audit; said audit shall be considered an allowable expense for purposes of rate review.

3 (ii) Customer Services Report. The customer services report shall be prepared by a qualified person representing Contractor, and shall contain, but not be limited to, such information as is delineated on page 15 of Exhibit "4" amended to this agreement. It shall include a summary of customer services by number of subscribers to each can or commercial bin rate, and revenues received from each rate category.

(iii) Garbage/Recycling Report. The garbage/recycling report shall include an annual summary of tons of waste disposed, tons of recyclables collected and recycled, and recycling revenues.

(d) Examination of Financial Records. The information required by this section shall pertain to Contractor's operations covered and regulated by this Agreement, and nothing contained herein shall require the Contractor to provide Town with information pertaining to the Contractor's operations which are not regulated by the Town, except in conformance with this Section. Town shall be entitled to examine Contractor's books, records and financial statements pertaining to operations not regulated by Town for the sole purpose of gathering information necessary to allow the agents to ascertain whether income, expenses, assets, and liabilities are reasonably allocated among operations regulated by .Town and those not regulated by Town.

(e) Monthly Fee Report. Contractor shall furnish Town a monthly franchise fee report within thirty (30) days after the end of each operating month, which will indicate total monthly revenues, exclusions (if any) from the franchise fee and calculation of the fee based on gross receipts, with a total monthly franchise fee then indicated. This report shall be accompanied by payment of said monthly franchise fee in full.

(f) Monthly Recycling Report. Contractor shall furnish Town a monthly recycling report within thirty (30) days after the end of each operating month which shall indicate volume of materials collected by category, revenues generated by the sale of recyclable materials, and any other pertinent infom1ation Contractor and/or Town determines would be of interest and value to Town regarding recycling and solid waste issues. Contractor shall also include copies of materials accompanying the customer billing statement during each quarter.

Section 8. Cancellation

If at any time Contractor defaults in or violates any provision of this agreement, or fails to comply with any provision of the San Anselmo Municipal Code, Town shall have the right at its sole option to cancel and terminate this Agreement provided Town shall give written notice to Contractor of any default, failure, violation, and if such default is not corrected within thirty (30) days after hand delivery or certified mailing, then this Agreement shall be automatically tenninated thirty (30) days thereafter.

Section 9. Attorney's Fees.

The party prevailing in any action brought for reason of breach of this Agreement shall be entitled to its reasonable attorney's fees and costs. No action shall be brought for breach of this Agreement unless the party allegedly breaching the Agreement is first provided written notice by certified mail by the part asserting that a breach has occurred, stating the nature of the breach and providing thirty (30) days to cure the breach from the date of mailing of the notice.

Section 10. Assignability.

This Agreement is not assignable in whole or in part by Contractor except upon written approval of Town. Such approval will not be unreasonably withheld.

Section l l . Standards of Perforin:ance -- Garbage Disp.osal.

(a) Performance. Contractor shall perform all garbage disposal services in Town in accordance with the terms of this Agreement. Contractor shall work cooperatively with the Town and its Solid Waste and Recycling Advisory Committee to implement Town adopted programs and services within the timeframes set by the Town, after consultation with Contractor.

(b) AB939 waste diversion goals. The mission of the Contractor and Town shall be to serve the community and meet or exceed the goals of AB939 or other related legislation

4 (c) Inspection of Operations. Designated representatives of Town shall have the right to observe and review Contractor's garbage disposal operations and enter Contractor's premises for the purpose of such observation and review at all reasonable hours with prior reasonable notice.

(d) Mandated Changes. Town may require changes in garbage collection or disposal methods and Contractor shall comply, provided that such changes shall not go into effect until a cost analysis is made by the Contractor and the cost analysis is provided to Town within thirty (30) days of the written request for such changes. Town shall then consider a rate adjustment application from Contractor to defray the cost of any substantial overall changes in accordance with Section 6 (d) of this Agreement.

(e) Container Size and Weight Limit. The standard size container for residential and commercial services shall not exceed thirty-two (32) gallons. The combined weight of the said standard size container and contents shall not exceed seventy-five (75) pounds. The foregoing provision shall not prohibit Contractor from employing conventional containers for the collection and disposal of garbage, waste; or rubbish.

(f) Equipment. Contractor shall use in the collection and transportation of refuse modem garbage collection motor vehicles having reasonably water-tight bodies. Contractor shall maintain the outside of the bodies of the vehicles in a clean condition and shall clean and wash the inside of the bodies frequently so as to keep them reasonably odor free. Contractor's vehicles shall have permanent signage as approved by the Town that identifies the Contractor's business name for San Anselmo. In the event of vehicle breakdown or maintenance, Contractor may use vehicles without permanent signage that identifies the Contractor's business name for San Anselmo, on a short­ term, temporary basis.

(g) Services Interval. Contractor shall provide residential and commercial garbage pickup service not less than once per week, exclusive of Lifeline and Intensive Recycling services, or as otherwise mandated by the Town.

(h) Collection Hours - Residential., Contractor shall not perform garbage collection in residential areas, as designated by the Town Administrator, before 5:00 a.m., while also limiting conflict with commuter, school, and commercial traffic later in the day.

(i) Collection Hours - Commercial/Retail. Contractor shall not perform garbage collection in commercial/retail areas, as designated by the Town Administrator, before 3:00 a.m., while also limiting conflict with commuter, school, and commercial traffic later in the day.

G) Collection Hours - General. The Town reserves the right to designate limits on hours of collection, by location.

Section 12. Standards of Performance --Recycling Program

(a) Performance. Contractor shall perform all recycling collection, reclamation, and disposal services in Town, and Exhibit 3, "Current Recycling Progran1" reflects the present curbside recycling program. Town and Contractor agree and understand that changes to the program may be made from time to time in accordance with Section 13 of this Agreement; and that Exhibit 3 may be revised from time to time to reflect those changes. Town and Contractor also agree and understand that such changes to the recycling program do not necessitate renegotiation of the franchise agreement.

(b) AB939 waste diversion goals. The mission of the Contractor and Town shall be to serve the community and meet or exceed the goals of AB939 and related legislation.

(c) Annual Determination of Recyclables: Each: operating year, between October 1 and October 31, and at any other time Town shall deem it appropriate, Contractor and Town shall meet to determine what materials will be considered recyclables, and how the recyclables shall be contained or prepared for collection, with Town making the final determination of what will be considered recyclable and how the recyclabes shall be contained and prepared for collection. Contractor shall then notify customers about the recycling program in the succeeding billing cycle for the upcoming operating year.

(d) Solid Waste and Recycling Advisory Committee. Contractor shall appoint a designee to work with the committee to represent the Contractor in matters pertaining to solid waste and

5 recycling. Contractor's designee need only attend committee meetings as necessitated by the agenda.

(e) Pickup of Recyclables. Contractor guarantees that subscriber recyclabes placed for pickup as detem1ined under Exhibit 3 shall be delivered to a recycling distributor.

(t) Inspection of Operations. Designated representatives of Town shall have the right to observe and review Contractor's recycling collection, reclamation, and disposal operations and enter Contractor's premises for the purpose of such observation and review at all reasonable hours with prior reasonable oral or written notice.

(g) Mandated Changes. Town may require changes in recycling collection or disposal methods and Contractor shall comply, provided that such changes need not go into effect until a cost analysis is made by the Contractor and the cost analysis is provided to Town within 30 days of the request for such changes. Town shall then consider a rate adjustment application from Contractor to defray the cost of any substantial overall changes in accordance with Section 6 (d) of this agreement.

(h) Container Size and Weight Limit. The standard size containers for glass, metal, and aluminum recyclable materials at residential and commercial services shall not exceed thirty-two (32) gallons. Except as provided in Section 12(n), the combined weight of the said standard size container and contents of any other approved container and contents shall not exceed seventy-five (75) pounds.

(i) Recycling Collection Equipment. Contractor shall use in the collection and transportation of recyclables motor vehicles that are maintained so as the outside of the bodies of the vehicles are in a clean condition and the inside of the bodies are cleaned frequently so as to keep them reasonably odor free. Contractor's vehicles shall have signage approved by the Town that identifies the Contractor's business name for San Anselmo. In the event of vehicle breakdown or maintenance, Contractor may use vehicles without permanent signage that identifies the Contractor's business name for San Anselmo, on a short-term, temporary basis.

(j) Services Interval. Contractor shall provide residential and commercial garbage pickup service not less than once per week, exclusive of Lifeline and Intensive Recycling services.

(k) Collection Hours - Residential. Contractor shall not perform recycling collection in residential areas, as designated by the Town Administrator, before 5:00 a.m., while also limiting conflict with commuter, school, and commercial traffic later in the day.

(l) Collection Hours - Commercial/Retail. Contractor shall not perform recycling collection in commercial/retail areas, as designated by the Town Administrator before 3:00 a.m., while also limiting conflict with commuter, school, and commercial traffic later in the day.

(m) Collection Hours - General. The Town reserves the right to designate limits on hours of collection, by location.

(n) Commercial recycling. Contractor shall provide recycling services that will handle the volume of recyclables generated by commercial customers.

Section 13. Complaints.

(a) Resolution of Complaints. Contractor shall diligently pursue resolution of all complaints received whether such complaints are received orally or in writing. Contractor shall make every reasonable effort to resolve such complaints within 48 hours after receipt. Upon oral or written request of the Town, Contfaetor shall report fo Town the nattfreof ahycomp-laint and the Contractor's action to resolve the complaint.

(b) Record of Complaints. Contractor shall maintain a written record of all written complaints received including the names and addresses of the customer, a description of the complaint, the date the complaint was received, the action taken in response to the complaint, and the time the responsive action was taken. The record shall be kept at Contractor's place of business, and shall be available to the Town upon request.

(c) Settlement of Complaints. Contractor agrees that the Town Administrator is empowered to seek to adjust, settle or compromise any complaint or dispute between Contractor and customers

6 regarding billings, payment, service, conditions or location of containers, preparation or transportation of garbage, and related matter and to be bound by the decision of the Town Administrator providing that the customer, prior to adjudication of the complaint, also agrees to be bound by the decision of the Town Administrator subject to a right to appear to the Town Council pursuant to the provisions of Chapter 4 of Title I of the San Anselmo Municipal Code.

(d) Notice of Complaint Procedure. Written notice of this complaint procedure shall be given to each new customer.

Section 14. Insurance and Indemnification.

Contractor is an independent contractor for all purposes contemplated by this Agreement, and shall defend, indemnify, and hold hannless Town, its officers, agents, and employees, from any and all claims for damages of any kind whatsoever arising out of operations of Contractor pursuant to the Agreement. Contractor shall carry insurance coverage as specified in Exhibit 2, titled "Insurance Requirements for Contractors."

Section 15. Entire Agreement.

This instrument, and its Exhibits, constitutes the entire Franchise Agreement between Town and Contractor, and may be altered, amended, or revoked only by an instrument in writing signed by both parties.

Section 16. Severability.

If any term or provision of this Agreement shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement shall be valid and be enforceable to the fullest extent permitted.

Section 17. Legal Requirements.

(a) Permits and Licenses Required. Contractor shall obtain all permits and licenses required by the Town, County, State, and Federal Government.

(b) Comply with the Law. Contractor shall comply with all applicable laws of the Town, County, State, and Federal Government.

(c) Municipal Code Suppression. The provisions of the San Anselmo Municipal Code relating to refuse collection and disposal as they now exist or as hereafter amended are hereby incorporated into and made part of this Agreement, and whenever the provisions of the Code conflict with the terms of this Agreement, the terms of said Code shall supersede the provisions of this agreement.

(d) Time is of the Essence. Time shall be of the essence of this Agreement. Contractor shall not be relieved of its obligation to comply promptly with any of the provisions of this Agreement by any failure of the City to enforce prompt compliance.

(e) Notices. All notices or demands of any kind required or desired to be given shall be in writing and shall be deemed delivered forty-eight (48) hours after depositing in the United States mail, certified, postage prepaid, addressed to the receiving party at the address set forth below.

Town: Town Administrator Town of San Anselmo- . 525 San Anselmo.Avenue San Ansefo)o, CA 94960-2682

Contractor: San Anselmo Refuse & Recycling, Inc. 80 Greenfield Avenue San Anselmo, CA 94960

(f) Binding Agreement. This Agreement shall be binding on, and accrue to the benefit of the heirs, executors, assigns, and successors in interest of the parties hereto.

Exhibit 1: Current Rate Schedule

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Exhibit 2: Insurance Requirements for Contractors Exhibit 3: Current Recycling Program Exhibit 4: Policies, Guidelines, and Recommendations for Rate Applications and Additional Notes on Rate Review Issues and Practices developed by Deloitte & Touche for the Town of San Anselmo.

Executed this __ day of ______, 1994.

TOWN OF SAN ANSELMO

Town Administrator

SAN ANSELMO REFUSE & RECYCLING, INC.

President

ATTEST:

Town Clerk

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EXHIBIT 1

COJIPREHEHSIVE RA.TE SCHEDULE

JULY-94 REGULAR SERVICE $ 11. 50 One sI!lall can weekly $ 8.20 One 32 gallon can biweekly** $ 15.00 One 32 gallon can weekly

$ 30.00 Two 32 gal1on cans weekly

$ 45.00 Three 32 gallon cans weekly ·$ 15.00 Kultiresidential per living unit $ 15.00 Commercial

Lifeline rate available to citizens over age 65. ** J'ULY 94 COXMERCIAL $ 170.30 Cubic Yard Bin - Serviced lx weekly 2 $ 245.30 Cubic Yard Bin - Serviced lx weekly 3 $ 305.60 Cubic Yard Bin - Serviced lx weekly 4 $ 440.30 6 Cubic Yard Bin - Serviced lx weekly

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&H16£t z..~ rN5Y1\ANCE REOUIBEMENTS F'QR CONTRACTORS

Cot?mc:cr shzll proCim ind lll.itinain fa:- ~ dur.ition oi tile C::rm2Ctimur:mc: ~claims for injuries to ~ Ot"' dr.t~g~ al propeny whidl may ·mse from Ot"' in ccnnecicn with the p::fcmim::: of tile wane: hercru:t= ey cne Coo.traact". his :genes. rcp~w:ivcs-.. i=nploye=t or subc:oamc:c~ The ccst. of such insur:mcc: ~ be irn:1uded in the Coinr:c:cr's bid. ·

Ccvcragc ~hall be .:it lc:i:st. as· bro;id as:

l_ lnsum!cc Services Office focm nt.4-nbc!-GL CC02 tEd. tffi) cove.-ing Comprehensive: General. Liability and rnsunnc:: Services Offtc: form numbc:r GL 0404 covering. Broad. Fenn Comprc!'lensivc Gcncr:U LiabiliLy; or tnsur-no: Scmccs Offic: Commc.··cfai Gcccrai Ll:tbiiicy C=:Jvc::gi: (.. acc-.:rn:.'lC:.:~ form CG CC

2.. tnsurar-.cc Ser1ic:::: Offic:: form number CA CC01 (Ed.. tnS) covering Automobile ~ility., code 1 ·my auto .. Jttd e.'ldcrsc.-nc."lt CA 0025.

3. Wacke.~· Compensation insur.mc:: as required oy r.tie t.::bor <:ode oi d:Ic S~ of CJ.ilfom.i:l. mi E.-nployc.~ ~ilit"j insu~ ·

Comnc::cr shall m'1im:lin limits no [c:ss tnm: 4.Z,tJCO, !)CO. L Cc:=:ll Ll:ibilicy: 51.000.000 combined single limit. p::r acc::mi::u= fer bodily iiliW"/. pc."SCmi injury md propacy d:un:xge.

4Z1,:;0C,D"a 2. . Autcrnobilc u.ibilit.y: &1.QCQ,CCQ combined single: limit pc.:r :c::idc:nt for bodily injury and. pmpc:tj' dam:ige.

3. Work=' Compc:lS:1tion md E.-npioyc."S Llabilitr- Wo~· compCnsation limm :is'requircd by . the l.:t.bor Code of the SCltc of Cliiforrtia .met Emptoye:::s Llabili1y limitS of St.CCO.CCO p:r- ~ctidenL ·

Any deduc-.ibL.:s or scif-ins-.m:.::1 tt:~.-Wons must be dcciarc::i ta and ~roved by die Agency. ~ the option of the Agi::.C'/, either= the tI1surer shall ~uo: or cilmin:te sudl ded.uaiblcs or ~-insured rc:.c."ttions .:is rc::p::::.s t.tic Agency, i~ offices.. offici:Us mc1 c:n9Laycc:S; or tile. Corur:u::ci- stiail. procure a bond. guu:wc:in~ ~:i.ymcnt of losses and. ~tcd invcstigatioas.. ciaim admiaim:.tion m dcfi:nsc ~es. · .

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1. Cer.c::i Liability 3!ld Aurcmobiie. Umilltj C.Ove::gcs

l.. The Agi:ncy. its office."S. offici2!s. emp!o~ ·.m.d ·J'()ill=."S arc ~ ~ ccvcm1 as i~ as ~ Uabiliry artsmg out of C\-itics pet'Ii:m:"""l by or en bclWf of ttle OJnmc::cr: produc::s and ccaip.Letcd. opcr:iticcs cf me C:mtr:lc:or: pr=::isc:: owr.ed. ~ or used by the Contracor: or :i.utamobtlcs owned. te:IScd. !tired or ::,Orrowei ':y the Coamc:ar. Tru: COVCr:l£'!' SiW! COru:lin tlO ~ umiatiOClS On t!".C' SO:::pe Of ;.'"Oc:::icn :ulordcd. re the Agc.'lc:y. its offio:.."S. offi~. c.-npLo~ ar~lur.t~

a. The Contractcr's: insurance co\"Cr.lgc mall be prfa:i::ry i.nsu.~ as~ the Ag-ency •. iLS affic:::s. ofild:lis. anpioy~ and voiun~"S. A.ny ins-.;::mc::: or si:if-insur.mc:: maintained by the Agc.'lc:-/, ics offic::."S. offici~ e:nplcye:s or volunc~ sh.all be e:cc::sS of the: Conmc::or's ir.suranc:: md sh~ oot ccruribu(c: with it. ·

c. Any iailur: to comply 1,1,-!t.h rt:?

ct Lb:. Contne:.or's insurance stmll ~9PlY s:~ar::m:iy re e::c."l ir.si•rci against wham c!aim is made. or suit is brought. :::=:c::pt with ~ tO t.hc !!mies of :..'le =:s:.-=·s: liaCillty. ·

The insure::' shail agree to waive ail rights of subrogation agaiost :.:C Ag'ClC"J. ttS offic=s.. offici:Us. i:m~!oyccs mi voluntc:::S for losses arising fr-om wodc: ?=:...t:ed. by the Comr:u:.or fer tnc Agency.

.3. All Covcr:tgcs ' E:.ch imur.mcc. poliC'/ required by this cl::ruse smtil. be ~"ldocc:i == -er- um ~ stl.a1l not be SUS~cd. •1oidcd. c::uu::ilc:d by di.her p:tt'"/. rc::iuo:d Ul CCVer'~ or !:i limit: ==::t liter trurtj' (30) days' prior wrim:n nocia: by c::tifc:i m:Iil. retum r=i;t ~ h.zs Cec%z given tO the Agc:tr:::f.

E. A<;g'.?TA Dil.IT"( QE TNStJB?S

!murancc is tc be: pl3:::d with insun=: with~ .Bcsrs' r.ui."lg cfna less Ulm A:VU.

F. VE,'iUl=i'CA TI'C1N <1~ (.'Q'Vl3'R6Ct

Contr--..cor s:tuil furnish the Agc:C'/ with c::::tific::u:s of lnsut:lnc= :ind wit±t crig:in:d cnciorsi:mc:nrs cffc:o:fng covcr4ge rt:quircd by this cl.3.us:. The c:rtific:tcs and e:::ica=~ fer ddl insurmc::: · poiic:-1 m: to Cc: signed by l pc:.-son :iuthcrizcd by dl:I1 insure:- ta bind~ on itS bdtiif. Tnc: · o:ttific:m:s and c:ldo~e:nrs ~ to be on forms provided by the Agere/ md arc tc be r::a:ivc:d. and a;iprcvcd. by the Agent:'/ bcfon: woo: comm=. 1"?'..c Agc:lc:-/ rc::e:-1e: tb.c right cc ci:quirc . ccmpictc. c::rtificd c::ipic::s of :ill ~uir::i insuI""..nce polices. lt my time. G. swco!\··nucroRs

Com::c:cr shall inciude ~ subccna:u::cc as insur-...:is u:cd~ itS pollcic: ar :tWl furnish sc;arare cc:tificu= md c:uictSCncms for e::u:.~ subalnuJCOr•.• A.II ~ :Or subc:mr:lc::oc s:.1.ill be sutljc:c tc ail of the rcquin::nena st:W::1 hc::Cn. ·

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EXHIBIT 3

TOWlf_OF Sil AJISEL:XO

RECYCLI~G A.HD VA.STE REDUCTIOH LIST

1. San Anselmtl Refuse and Recycling; Inc. currently collects and recycles the fallowing materials which should be properly sorted by the customers:

PAPER: Nanglassy white and colored.paper, flattened in a paper bag; include envelopes with recyclable windows

COMPUTER PAPER: Flattened in a paper bag and/or tied in bundles

MAGAZINES/GLOSSY PAPER: Tied with twine or put in a paper bag

GLASS: All empty glass bott1es and jars. ?la ceramics, plate glass, light bulbs, fluorescent lights, mirrors, or window glass

!IN/METAL CAN: All empty cans and containers

PLASTIC: All empty CA redemption 2- and 3-liter bottles plus water milk, detergent, and shampoo bottles coded PETE l and HDPE. 2 (code is. on bottom of container)

CARDBOARD/PAPERBOARD: All cardboard and pape~board

HEWSPAPER: Tied with twine or put in a paper bag; HO-glossy paper

PHONE BOOKS: Put with newspapers

2. Contractor and the Town ot' San Anselmo will work together to· provide an educational program in Town to encourage geed recycling and waste redu_ction ha bi ts among re~idential and business citizens.

3. Contractor will work with the retail andcc:mmercial establishments in Town to develop programs to make recycling and waste reduction as convenient as possible.

4. Contractor shall offer, as a part of the rates outlined in Exhibit 1, a set of two (2) five (5) gallon recycling buckets to all residential-customers who request such. These buckets are intended to be used for the deposit of cans, glass, and plastic materials accepted in the curbside recycling program. Contractor

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shall distribute an interest card for customers to mail back to Contractor if such customers are interested in receiving such buckets.

5. Contrac'tor shall initiate, as a part of the rates outlined in Exhibit 1, a residential curbside yard waste <"green waste") collection program. Customers will be allowed to put out up to ·;, one <1) cubic yard of yard waste each garbage collection day. Collected yard waste will be delivered to a facility where such :material will be beneficially utilized to :make compost/soil amendment products. The following general requirements will be observed:

a) Customers may use their own cans or containers. Up to seven (7) standard refuse cans or the equivalent volume may be placed out for collection.

b) Customers will be allowed to bundle and tie small branches and limbs. Branches and limbs must not exceed three (3) inches in diameter and must be no longer than four <4> feet.

c> No plastic bags will be allowed and any cans/containers containing contaminants

d> Customers will have the opportunity/option to rent a rolling 64 gallon green can from Contractor for use in this program. Contractor shall determine monthly rental fee.

e) Properly prepared yard waste must be plac~d at the curb, next to customer's garbage can, on or before 5:00 a.m. of the customer's regularly scheduled garbage collection day each week. ·

This green waste program shall be initiated within ninety (90) days of the effective date of the franchise agreement.

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:MEMORANDUM OF UNDERSTANDING Between James Ratto and Town of San Anselmo

1.- . In connection with-the proposed assignment of the Garbage Franchise Agreement, the Town of San Anselmo has requested James Ratte to assume and be bound by the existing collective bargaining agreement between San Anselmo Garbage Company, Inc. and Teamsters Local 624. The effective date of the collective bargaining agreement is March 1, 1992 and expires February 28, 1995.

2. . James Ratte hereby agrees to assume the current (2/1/92 to 2/28/95) collective bargaining agreement between San Anselmo Garbage Disposal, Inc. and Teamsters Local 624. Upon commencement of operations, James Ratto will employ existing employees of San Anselmo Refuse and Recycling, Inc. (also known as San Anselmo Garbage Disposal, Inc.). If, after James Ratto has had reasonable time to evaluate operations and manpower needs, James Ratte decides to ·effect a reduction-in-force, the applicable provisions of the collective bargaining agreement will be followed.

James Ratto (Date) Paul Chignell . (Date) Mayor, Town of San Anselmo . MEMORANDUM

October 20, 1994

.. :_•·· TO: Town·Council FROM: Ann Chaney, Planning Director

SUBJECT:· 379 Oak Avenue - Appellant: Ted Posthuma

Recommendation.

Staff had previously supported the construction of a two-car garage particularly due to the new location near the rear property line.

Request

1. Continuation of Council review on a Design Review amendment to approve a proposed two-car detached garage. 2. Request for direction from· the Town Council regarding ·whether a new application on the original Design Review proposal (i.e., a one-story additiOn to the existing house) should be taken up again by the Town. Please note that . the Town Attorney has determined that the previous denial action on this addition is final and any reevaluation of the proposal would necessitate a new application. ·

Background

The Town Council denied the appellant's appeal of a second unit and addition to his home at 379 Oak Avenue. However, Council continued final action on the proposed two-car garage subject to story poles being erecteq and a pitch rC?of being designed. Mr. Posthuma had installed the poles. However, as of this writing, the poles have been taken down in order to grade this a:rea to its originally approved condition. He will re-erect the poles by Monday, October 24. Staff has not yet seen the poles in place because we visited the. site during the grading activities. Staff will again visit the site on Monday and take additional photographs. Mr. Posthuma indicated that he will incorporate a pitched roof if required, however he is concerned about the potential loss of sun. which a pitched roof might have. However, no specific plans have been submitted. Resolution

Staff will have a draft resolution available the October 24, 1994 meeting reflecting Council's earlier action.

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MEMORANDUM

TO: Town Council FROM: Ann Chaney, Planning Director SUBJECT: .Redwood Hills Subdivision - Requested Changes to the Design· Standards and Condition No.17.

Recommendation

It is recommended that the Town Council approve the changes contained in the attached document per staffs recommendation. Background On May 31, 1994 a set of Design· Standards for the Redwood Hills project were approved by the Council. These standards had been prepared by Peter Fraser, amended and approved by the Planning Commission and Town Council. Mr. Fraser would now like to amend those Standards, as well as Condition No. 17 regarding a tree protection deed restriction. .

The attached standards reflect the document as approved by the Town Council. Revisions proposed bu Mr. Fraser are denoted in bold, underlined italics. Adopted language.which Mr. Fraser proposes to delete are shown in brackets [.. ]. Following each suggested change, staff presents an evaluation of the change and a recommendation. ·

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DESIGN STANDARDS REDWOOD HILLS SUBDIVISION SAN ANSELMO, CALIFORNIA

It is the· intent of these Design Standards to guide the property owners and design professionals to place the emphasis on common and traditional design elements traditional to the California Bungalow, Bay Area Craftsman style, not to dictate a rigid form of construction appearance. The bungalow features roof overhangs with decoratively treated exposed rafters, multiple porches or verandas and a generally open plan. However, there is no set checklist of what constitutes this residential style, nor should there be. These Design Standards shall be recorded on title and run with the land for each lot and shall constitute a Deed Restriction restricting the design and construction of the improvements placed on lots created by this subdivision. BASIC DESIGN GOALS: 1. Each lot's improvements shall be site specific. 2. Emphasis should be on the horizontal lines within the tree canopy. 3. Groupings of smaller footprints which articulate and adapt the footprint elements to harmonize with the contours are preferred; groupings of smaller footprints are preferable to larger monolithic footprints. 4. Decks should appear as integrated elements within the roofline such as sleeping porches, verandas, and uncovered decks. If not integrated within the roof line they should integrate to the footprint, etc. instead of appearing as add-on appendages.· 5. The use of Pergolas and Trellises or other connecting design elements between various footprints are encouraged. 6. Emphasize courtyard orientation where feasible. The structures should work with the contours and maintain privacy between the homes. 7. Landscaping should be site specific especially regarding tree replacement. Footprint design should take into account the loss of trees, with the loss of Bay trees of secondary consideration to the loss of healthy Oaks or Madrones. Tree replacement species should be compatible with the Oak/Madrone/Redwood forest and not compete as the Bay trees do now. Emphasis should be placed on maintaining tree health by selective removal, limbing and windowing to ·encourage air circulation and sunlight penetration to reinvigorate natural or other ground cover. All landscaping materials should be drought resistant and all irrigation systems should be of the water conservation type. 8. Exterior Lighting Plan for Common Areas (i.e., roadways, entry): May be permitted for safety and security purposes only. It must be unobtrusive and maintain privacy through the use of hooded, low-level fixtures which case light in a downward direction. Exterior lighting as it relates to other houses should be of lantern design, and should be low, ground oriented, not high mounted "spot lighted". The style should be uniform when found in any common areas, for example any driveway entrance lighting, or other common area.

1 . Fraser request: Underlined section was already approved by Town Council. Fraser is asking that it be relocated from the "Procedures" section.

Staff recommendation: Concur.

9. . Property boundary fences shall be designed to permit wildlife to travel between properties to the open space (i.e., neighboring fences shall not be connected to each other). It shall be .of .transparent construction, or designed to integrate the use of foliage. Solid board fences shall not be used. Fencing around the building envelope areas shall i:i;itegrate with the setting, may be designed to exclude wildlife, and may be of solid material. Such fencing shall be made of natural wood, stone, or other natural material; br painted to blend with the natural setting.

9. {g)_ Property Boundary Fences [shall] should be of transparent construction, · or designed to integrate the use of foliage. Solid board fences shall not be used. Boundary fences [shall be designed to permit wildlife to travel between properties to the open space (i.e;, neighboring fences shall not be connected to each other).] should be desif:!Zed in a way that would allow wildlife to pass: i.e., there should be non­ connected portions. f1ll Building Envelope Fencing shall integrate ...

Fraser request: 1. Use an (a) and (b) to distinguish between Property Boundary Fences and Building Envelope Fencing. · 2. Change "shall" to"should". . .. 3. Revise the section on allowing wildlife to pass through property boundary fences. Mr. Fraser believes the revised language is clearer. Staff recommendation:

1. Use (a) and (b) approach - Concur.

2. Changing "shall" to "should" - Retain "shall".

This . provision to allow unimpeded wildlife travel was a mitigation measure from the approved Negative Declaration and a condition of the Precise Development Plan. The word "should" indicates that the future property has the option of .totally enclosing the property, thereby defeating the intent of the mitigation measure. ·

Regarding transparent fencing, the Bald Hill Committee has indicated the importance of providing an open feel along property lines and roadways rather than creating a closed in feeling. Because building envelope fencing is allowed to be solid, it continues to be reasonable that transparent boundary fencing would be required.

3. Staff concurs with the new language with a slight ·modification:

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"Boundary fences shall be designed in a way that would allow wildlife to pass between properties to the open space (i.e., there should be non-connected portions)."

10 ... "Fire Code Requirements should not be used as an excuse for design shortcuts, or the relaxation of the intent of these design standards. 11. Colors of exterior elevations, trim, windows, doors, roofs, fences, and any other structure shall blend with the natural environment and not have a negative visual impact on surrounding -properties or other significant viewpoints located off­ site. This is not m_eant to exclude contrasting colors between siding, trim, windows. root etc.

Fraser request: New language intended for clarification. Staff recommendation: Concur.

12. - The exterior siding of the common irrigation water tank shall be [natural wood shingles and the tank shall be partially buried unless detailed drawings of the tank indicate that visual impacts would not be significant as determined through the Town's Administrative Design Review process.] subiect to administrative design review if constructed with materials other than concrete or wood not partially buried.

Fraser request: A concrete or wood tank that is not partially buried would not be subject to design review.

Staff recommendation: Retain original language. Plans for this project have never shown the water tank as anything other than a circle on a map. Thus the exact size, location, and appearance of the tank is not yet known. The Planning Commission agreed that these details could be handled administratively, but that some type of review was important.

13. Retaining walls [shall be screened through] visual impacts should be minimized by the use of native vines and/or other vegetation. [Lamp black or earth tones shall be used with concrete retaining walls to minimize visual impact.] , lamp black or the use of textured materials (if poured concrete, or concrete block). Retaining walls may also use textured blockstone/chipstone.

3 Fraser request: Part of the reason for no longer requmng vines or vegetation along retaining walls is due to mounting project costs.

Staff recommendation: Retain original language. The original intent was that vegetation be required regardless· of the type of material used to construct retaining walls. This condition is typical of other projects involving retaining waqs throughout town. The other change is the elimination of incorporating earth tones into concrete walls. Since that is an option and not a requirement, it seems appropriate tb retain it.

ROOF: 1. Roof Lines: The interplay of planes and articulation of gables, hips, dormers is strongly encouraged. iri order to reduce the impact of larger roof masses. Roof lines should blend with the tree canopy and contours; emphasis on the horizontal liries and avoiding "flat roof' is strongly encouraged. The horizontal emphasis does not necessarily refer to roof pitch, or a requirement of a flat roof appearance. 2. Materials: One hour fire ratings are mandated; no wood shingles or shakes shall be used. Any of the following may be used: clay, composite or concrete tile, slate (including simulated), arid/or fiberglass composition shingles.

Fraser request: Allow use of simulated roof materials. Staff recommendation: Concur. However, staff recommends the following phrase: "Any of the following may be used: fiberglass composition shingles and/or authentic or simulated clay, concrete tile, or slate."

· 3. · Detailing: Minimum [3'] 2'6" eaves on the shallower pitched roofs; exposed, decorative rafter tails are encouraged, as well as a blend or corbels, knee braces, exposed varge rafters, and decorative truss beams and dormers.

Fraser request: Reduce minimum length of eaves by 6". Staff recommendation: Concur.

4. Colors: Highly reflective colors are discouraged; colors consistent with Basic Design Goal #11. .

4 EXTERIOR ELEVATIONS: 1. Walls: Vertical lines should be emphasized; any supporting columns should be of different materials than the typical wall surfaces, or decorative in detail. Minimum nine foot interior plate lines are required. Flat-planed walls are discouraged by designing integrated exterior window seats/bay windows with eyebrow roofs and offsetting floor plates where multiple stories exist should be required (i.e. where the structure has more than one story, offsetting and overhanging the second story is preferred.) Surface siding shall be Shakes, Shingles, Full Dimension Board and Batten, horizontal wood siding, Stucco and natural finishes are preferred and pastel colors are to be avoided; colors shall be consistent with Basic Design Goal #11; and Masonite type products are not allowed unless it is demonstrated that the · product as specified will achieve the intent ofthe Design Standards. The use of plywood finish siding (for example T-1-11) are not allowed, except for its use as a possible base for a board·and batten finish. If it is used, the plywood should be of full length without the use of Z-Bar connection. [The use of masonite products is also not allowed.]

Fraser request: During the public hearings, Mr. Fraser had requested that a statement be added that use of masonite products not be allowed. Since that time,· he indicates that new masonite products are of much better quality than he had previously thought and should now be allowed. Staff recommendation: Delete all references to masonite products. That is, delete the last sentence prohibiting masonite products and do not include Mr. Fraser's statement allowing such products. Such material would be subject to design review regardless.

2. Doors and Windows: Wood with accented painted or natural finish· trim; colors consistentwith Basic Design Goal #11. 3. Foundations: Where concrete foundations are most visible, excepting the back part of the house, the use of a stone veneer wainscot (river stone, rock etc., not lava stone) should be used; or otherwise integrate the foundation walls for transition to the first floor plate line. The use of landscaped terraces is encouraged to reduce the visual impact of high foundation or retaining walls. 4. Chimneys: Exterior chimneys are encouraged and they should not be built of the same material as the exterior walls. The color or type of material should contrast with the siding finish or color, lava rock is to be discouraged. Decorative caps should be integrated into the design and complement the other exterior finish elements. ·

HEIGHT: 1. Measurement: Structures may be measured from either average or natural grade, whichever produces less visual impact. Prior to the Design Review Process, applicants are encouraged to meet with the Planning Director to review the most appropriate alternative approach to height for the particular lot.

5 Average grade: Refer· to "Building Height" definition in the Town's Zoning · Ordinance. Natural Grade: Allowed height is 30' as measured vertically from the existing grade to' the uppermost point of the roof edge or other feature perpendicular to that grade. 2. Lot ·4: If the average grade height measurement is applied to Lot 4, the maximum height of a building(s) on Lot 4, adjacent to Oak Avenue, shall not exceed 30 feet above average grade, unless it can be demonstrate~ during the Design Review process that a house, not exceeding 35 feet, can be built without adverse visual impacts.] ·

The Hezght of structures shall be guided by the existing Height Limitation 1 Ordinance and all measurements shall be per that ordinances mandates. The final height fP!lJ hall be determined through the Design Review process under the. rules existing on y( 0.January 4, 1994. . . · Fraser request: That the new language proposed above be substituted for the originally approval language. Staff recommendation: In discussing this issue with Mr. Fraser, he felt the language was somewhat confusing and needed clarification. We talked about substituting the language approved for the Oak Avenue project which is intended to state the same thing. Therefore it is. recommended that language per the attached Oak Avenue approval regarding Height, page 14 (see attached) be substituted for the Fraser request. ·

PROCEDURES FOR DESIGN REVIEW PROCESS:

1. All new dwellings and all additions require Design Review through the Town of San Anselmo. unless granted an administrative exemption, or as exempted per the Town's existing Development Standards Table.

Fraser request: Fraser wishes to clarify that new construction and additions are subject to the Town's adopted Development Standards. Staff recominenda ti on: Concur.

2. As part of any Design Review application, the following should be included or performed unless the Planning Director determines that a waiver may be granted~

6 ·1

Fraser request: The request would provide greater latitude in the submittal requirements. Staff recommendation: Retain original language. · The Planning Commission carefully considered these submittal requirements to be important to this project. It was felt that story poles;· a photo montage, exterior lighting pfan, and conceptual drainage plan, are all important to the I evaluation of any home on this site.

(0 Story poles placed at the proposed building corners and at the highest point of the roof( s) with orange or red construction tape or netting connecting the tops of the poles. It is understood that existing tree cover may preclude complete compliance ifthis condition is imposed. ·

Fraser request: Fraser is concerned that heavy tree cover may inhibit the placement of tape or netting. Staff recommendation: Concur. However, we recommend the following wording: "It is understood that existing tree cover may preclude installation of construction tape or netting. Such determination shall be per the Planning Director."

0 A photo montage with the story poles in place showing views from a distance, from neighbors, and from public roads/trails as selected by the Planning Director. 0 Exterior lighting plan. for all common areas (e.g., roadways, entrance). Exterior lighting may be permitted for safety and security purposes only. It must be unobtrusive and maintain privacy through the use of hooded, low-level light fixtures which cast light in a downward direction.]

Fraser request: Relocate under Basic Design Goals.

Staff recommendation: Concur, subject to substituting the above language with the following phrase: "Exterior lighting plan. · Refer to Basic Design Goal No. 8."

CJ Conceptual drainage plan with mitigations ifnecessary.

Fraser recommendation: Provides greater latitude. Staff recommendation: Retain original language.

I 7 l t- -·

The Planning Commission believed that, at a mmimum, a "conceptual" drainage plan should be submitted with an application for a new home, This area has a history of drainage problems and slides. Thus, this type of information was intended to given an early reading of drainage problems and solutions. .

0 Visible grading should be minimized and any restoration or erosion control measures for graded areas shall be incorporated into any landscape plan.

Fraser request: This is new language proposed by the applicant. Staff recommendation: . Staff agrees with adding the sentence with omission of the word "Visible". Thus, it would read "Grading should be minimized ... ". The.intent of this statement is for erosion control regardless of whether the grading is visible or not.

3. During the Design Review process for each home, careful consideration will be given to the house design, height, building materials, color, tree retention, and proposed landscaping to ensure [that the homes minimize visual building mass from nearby and distant views, removal of mature trees, and visible grading]. the Design Standards are followed.

Fraser request:. Fraser requests that: 1) this paragraph be relocated and incorporated into No. 1 above; and 2) sections be deleted regarding minimizing visual building mass, tree removal and visible grading.

Staff recommendation: 1) Concur. 2) Retain original language. The language proposed ·to be deleted reinforces the whole intent behind design review. It is important that future property owners are provided with this information as early as possible. .

Attached are a number of pages of elevations of Bungalow homes. All have many details in common, but they also show the diversity of, and adaptability of bungalow design and the integration of the different design and layout elements in order to accomplish the design goals. These homes are not intended to be the homes which would be constructed at this project, as they are more suited to a flat, to gently sloped building site. A hillside bungalow design must, as stated above, be sensitive to the hillside contours, existing topography and native forest conditions. The attached examples are for purposes of illustration of the varied design elements and construction components. Each attached example has identified a design element (s) to illustrate the bungalow in its varied external appearance. ·

8 TREE REMOVAL DEED RESTRICTION: For those trees located outside the building envelope, the removal of trees, shrubs and herbaceous plants shall be prohibited except for reasons of disease, and the ne.ed to maintain fire and human safety. Pruning oftrees to preserve and maintain views trom the improvements at the time they are awroved as a part of any design approval may be done. No other pruning in excess of 25% of a tree or shrub except as stated above may be done without first obtaining a permit to do so.

Fraser request: · Fraser is asking for an exception to the tree trimming restriction similar to the exception granted to the Oak Avenue project. Staff recommendation: Concur in general. However, staff recommends that the Oak Avenue condition be included in toto because it provides future homeowners with the information they need to make an application and when to prune. See attached Oak Avenue Condition No. 20, page 6. ·

9 APPENDIX "A"

1. Definition of Building Height ~·

The height of all structures, fences and walls shall be measured·vertically from the existing grade to the uppermost point of the roof edge or peak, wall, parapet, mansard or other feature perpendicular to that· grade. ·· · · · ·

.,.-t.· r-- '/ -- -/. .,, - ...... __· .. 7 / 'I ·~/ /I . .. / / I . ~/.. //. I~ .. . r- -- - ..:. -( ====:: I I I

a. Heigpt Measurement ------

------·­

b; Height Measurement - Section ..;;. • ' ·j,.

Ex <:..er/:/ r- f' r-o J7f Oo.I<. Aue#u e..

confi~ed to entry courts and screened private spaces. Downhill-facing wall s·hould be landscaped to screen the area between grade and the first floor to soften the transition from natural setting to structure. ·· - Exterior lighting of residences and street lighting, if required, should be designed to eliminate off-site spread of light through the use of such things as hooded, low-level· light fixtures. Such lighting should be permitted for safety .. and secudty purposes only and must be unobtrusive and maintain privacy. · The project should minimize the use of retaining walls. However, any retaining walJs which are constructed should be· screened through use of native vines· and/or other vegetation. If concrete walls a:re used, lamp black or earth tones should be applied to minimize visual impact, however retaining walls constructed of natural materials are preferred.

A detailed topographic map of the. site indicating exac~ location of existing substantial trees and tree canopy should be provided to assist in evaluation of propos.ed house designs. This plan should be prepared for. the buildable areas of the site. · . '

Height. '.I. •: ... .. '.. Height of structures may be measured in one. of· two ways. However~>-~· "• regarding maximum height, more restrictive height ·provisions .which exis.~ '.~._- elsewhere in this approval shaUprevaiL ., \· Method A: Current ''Building Height" standards contained iil Table' 4A Of\.:.. • · the Ordinance Code for R-1-H zoned propertie,s. .. ·. , , .·... ., ...... , •• ••.!. ' '.' .. . . i.;-lt Method B: The height of all structures is measured vertically from the .,, existing grade to the uppermost point of the roof edge or peak, wall, parapet, mansard or. other ~eature. perpendicu_Iar to that '·, grade. The allowed height · usmg this method 1s 30' per Appendix "A". ·-«; Prior to the design review process, applicants are encouraged to meet with the Planning Director to review the most appropriate alternative approach to measure height for the particulas lot. ·

Procedures for Design Review Process The following shall be submitted or performed: Story poles placed at the proposed building corners and at the highest points of the roof( s) with orange or red construction tape or netting connecting the top of the poles in order to outline the highest points, including the roof ridge line; · A photo montage with the story poles and construction tape in place showing views from a distance, from neighbors, and from public roads/trails as selected by the Planning Director.

. \ -- ),.' EXHIBIT J._ PAGE /~-/{' 'f 14 \ Ex cerp t Pr&-r><_ 0 eel< A Uf' n o e. Therefore, outside the building envelope, the removal or pruning of trees, shrubs, and herbaceous plants may occur for reasons of diseas~ the need. to maintain fire or human safe . cPrumng of trees for any om-e·..,...... ,~'<'7'T~-... outside the building envelope 1s permitted but shall not exceed 25 % of the total tree canopy area. For reasons other than those stated above the property owners must file an application with the Town to be reviewed by the Planning Department. Application fees shall be those charged for the Heritage Tree Permit Such removal or pruning may be permitted if it is determined that adequate tree cover will remain to screen the structures from .off-site locations thereby resulting in no adverse visual impact. The Planning. Director's decision may be appealed to the Planning Commission. For the area outside the building envelope, a deed restriction shall be placed on the individual lots, as part of the precise development plan process, restricting the . removal and prunfog of trees, shrubs, and herbaceous plants as outlined above. Pruning shall be conducted during the winter when trees are dormant for· deciduous species and July-August for evergreen species. Pruning scars . are not to be dressed ·with sealing compounds. The R VFS has specific pruning guidelines which must be satisfied. ·

Inside the Building Envelope: For the area within the building envelope, tree removal should be minimized through the careful siting of the home and improvements yet be subject to fire safety and healthy tree considerations .. For this area, tree removal and pruning shall be in accordance with the Landscape Plan. . ·. . . · ··• 21. The property owners agree each shall be subject to a Town ordinance, which . may be adopted in the future, which provides for damage assessment fees for··.· . damage to and/or removal of trees without a permit. The damage as~essmerit fee shall be determined by a licensed arborist selected by the Town. Any an'd all damage assessment fees collected by the Town shall be used tq mitigate the tree loss on the site. ·

22. Liabilicv for Tree Damage: Prior. to the issuance. of a grading permit, the project construction . contractor(s) or permittee shall be held financially "~ responsible for any damage to preserved trees and shall be required to post a · $10,000 bond prior to building or grading permits to be held by the Town to ensure that damages are recovered during infrastructure improvements. The Town's arborist will estimate the value of damage and that amount shall be used for tree replacement or environmental enhancement of this project. In addition, destroyed or damaged trees are to be replaced on-site.

Improvement Plan

?" -~- Prior to approval of any final map, if applicable, or to the start of any construction, the applicant shall submit to the Director of Public Works an ·Improvement Plan pursuant to Section 10-2.303 of the San Anselmo Municipal Code. Prior to approval of the Improvement Plan by the Town Engineer, the plan shall be reviewed by the Planning Director for consistency with the development agreement and environmental document. All improvements shall be constructed, installed, or bonded for prio,r to final map approval.

EXHIBIT _5- PAGE ~~/(' 6 .,:,.:

TOWN OF SAN ANSELMO STAFF REPORT October 21, 1994

For the meeting of October 25, 1994

TO: Town Council

FROM: B'eth Pollard, Town Administrator

SUBJECT: PARKING IN ROSS FOR ACCESS TO MARIN MUNICIPAL WATER DISTRICT WATERSHED/PHOENIX LAKE

RECOMMENDATION

That Council send a letter to the Town of Ross outlining its concerns regarding the proposal to limit parking and charge a $5 parking fee (disabled exempted) on Saturdays, . Sundays, and Holidays at the Natalie Coffin Greene Park adjac~nt to the Marin Municipal · Waster District Watershed at Phoenix Lake.

BACKGROUND

At the meeting of September 27, 1994, Council conducted a public hearing on the proposal under consideration by the Town of Ross to limit parking and charge a $5 parking fee at the Natalie Coffin Greene Park, owned by the Town of Ross, adjacent to MMWD.' s Phoenix Lake. Comments received during this public hearing included:

• Charging to enter the park is burdensome on families with small children and p·eople who, for various reasons, must drive to the park. • Parking regulations will continue to get more restrictive • Parking regulations will not necessarily reduce demand; the restrictions will cause drivers to park elsewhere. Drivers will drive and park their vehicles on more narrow, and perhaps unfamiliar roadways, at the risk ofifarefy·' f1(t,; • Look at ways to increase parking in Natalie Coffin Greene Park, • Funds raised by the fee should be used for park maintenance, recreational facilities, and/or a shuttle service. • This is a regional issue that needs to be addressed by the whole Ross Valley. • It is important to maintain a good relationship with the Town of Ross.

J I • Council Members from Ross commented that:

• A $5, fee is in line with fees charged for other park entrances and is not very high for . most people . · · • There are other locations for ac~ess to the watershed in other communities, which the Town of Ross has not publicized • The basic problem is the closing of another frontier, and it is a regional problem • Ross should not have to provide more parking in _the park

It was the consensus of the Council to continue the matter to a later agenda to ail ow for cornnients from the tWo Council Members who were not present that evening, prior to sending a letter with suggestions to the Town of Ross. · .:.

TOWN OF SAN ANSELMO STAFF REPORT

For the Meeting of October 25, 1994·': · '_ .

TO: Town Council

FROM: Georgene Kreinberg, Administrative Analyst

SUBJECT: (1) ADOPTION OF ORDINANCE NO. 961 AMENDING CHAPTER 5, TITLE 3, 'ARTICLE 19 OF THE SAN ANSELMO MUNICIPAL CODE

(2) APPROYAL OF RESOLUTION ESTABLISHING POLICE ROTATION TOW SERVICE FEE SCHEDULE FOR FISCAL YEAR 1994-95

RECOMMENDATION

1. That Council adopt Ordinance No. 961 repealing existing Article 19 Tow Car Business and Operators and adopt~ng a new Article 19 Police Rotation Towing.

2. That Council approve the. resolution establishing the Police Rotation Tow Services Fee Schedule (effective concurrent with Ordinance No. 961) for Fiscal Year 1994-95.

BACKGROUND

At its regular meeting of October 11, Council introduced an ordinance repealing Article 19 Tow Car }3usiness and Operators and adopting a new Article 19 Police Rotation Towing. The purpose of the ordinance is to clarify the parameters of the Town's regulation of tow service operators.

DISCUSSION

The existing Article 19 has posed enforcement difficulties because of its application to all tow service operators providing tow services within the Town. The proposed Article 19 is narrower in scope and is limited to tow service operators who apply for and are placed on the Police Department rotation tow list. Proposed Article 19 also lists detailed operating standards for the tow list operators as well as required minimum levels of liability insurance coverage.

Proposed Article 19 allows for Council adoption of a maximum-permitted fee schedule for services provided by Police rotation tow 'list operators. Once in place, the schedule is to be

1 l.3. .. reviewed annually by the Police Department and recommendations made to Council prior to the beginning of each fiscal year. The ·attached resolution establishes the fee .schedule for the current fiscal year (effective concurrent with Ordinance No. 961) and is modeled on the schedule presently in use by the California Highway Patrol and .the City of San Rafael, both of which are based on an analysis of prevailing rates for area tow service operators.

Attachments: Ordinance No~ 961 Resolution Establishing Rotation Tow List Fee Schedule

2 TOWN OF SAN ANSELMO

ORDINANCE NO. 961

AN ORDINANCE OF THE TOWN OF SAN ANSELMO AMENDING CHAPTER 5, TITLE 3, ARTICLE 19 OF THE SAN ANSELMO MUNICJP AL CODE

The San Anselmo Town Council repeals existing Article 19 Tow Car Business and Operators, and

The San ·Anselmo Town Council adopts a new Article 19 Police Rotation Towing Services as follows:

Chapter 5

Article 19

POLICE ROTATION TOWING SERVICES

Sections:

3-5.1901 Purpose 3-5.1902 Definitions 3-5.1903 Application for Placement on Department Rotation Tow List 3-5.1904 Referral to the Chief of Police 3-5.1905 Appeal 3-5.1906 Opera.tor Acceptance of Terms and Provisions of this Article 3-5.1907 Information on File 3-5.1908 . Susp~nsion and Removal from the Police Rotation Tow List · 3-5.1909 Fee Schedule 3-5.1910 Operator Performance Requirements 3-5.1911 Exceptions 3-5.1912 Non Responsibility of the Town 3-5.1913 Hold Harmless 3-5.1914 Validity .

3-5.1901 Purpose. The Town Council finds that it is in the public interest that rotation towing services be established for the purpose of providing the Police Department with an expeditious means of moving damaged and disabled vehicles, illegally parked vehicles, and vehicles that must be moved for safekeeping and evidentiary purposes.

3-5.1902 Definitions.

A~ "Town" means the Town of San Anselmo

1 "

B. "Council" means the Town of San Anselmo Council

C. "Administrator" means the Town Administrator of the Town of San Anselmo

. D. :chief' means the Chief of Police of the Town of San Anselmo

E. "Department" means the Town of San Anselmo Police Department

F. "List" means the Town of San Anselmo Police Department rotation tow li~ ..

G "Rotation" means tow service operators' names will appear on the list in the chronological sequence in which their names are placed on the list by the Department; based on the sequential listing, operators will be contacted to provide tow services~ and as each operator is contacted, the next following name on the list will be moved forward as the first name on the list; the name selected will be moved to the end of the list regardless of whether the operator did or did not respond to the Department call for service.

H. "Operator" means any person, firm, or corporation placed on the Police Department rotation tow list for the purpose of towing vehicles in the Town of San Anselmo.

I. "Tow" or "Towing" is the act or business of moving damaged or disabled vehicles, illegally parked vehicles, and vehicles that must be moved for safe keeping or evidentiary purposes, when such moving or removal is directed or requested by the Department.

3-5.1903 Application for Placeme11t on Department Rotation Tow List. An application for placement on the Department's police rotation tow list shall be submitted in writing, executed under penalty of perjury, and filed with the Chief. The application shall contain the following:·

A. The full name and identificatiori of the applicant.

B. The name under which the business will be operated.

C. A complete description of the vehicles to be operated by the applicant. The information shall include the manufacturer, year, license number, engine horsepower, description of hoist equipment and towing weight capacity.

D. Color scheme and characteristic insignia to be .used to designate the · ·vehicles of the proposed operator.

2. · E. ·Current certificates from a state approved testing station certifying all safety equipment on all towing vehicles. Certification from the California Highway Patrol will satisfy this requirement.

F. The location of all proposed vehicle storage facilities.

G. Evidence in writing to show the proposed operator's ability to comply with all requirements of this rotation tow article.

3-5.1904 Referral to the Chief of Police. Upon receiving the application for placement on the police rotation tow list, the Chief shall conduct an investigation to determine the applicant's qualifications to comply with the provisions of the article. Within thirty (30) days after the filing of the application, the Chief shall either place the proposed operator on the list, or shall not do so. Failure to be placed on the li~t shall be based on the Chiefs determination that the applicant fails to meet the requirements of this article. In determining whether the applicant meets the article's requirements, the Chief may take into consideration any of the following factors:

A. The business experience of the applicant.

B. Whether other operators currently on the list, are rendering sufficient and adequate service to the Town.

C.. Whether the applicant has demonstrated a sound and competent pattern of service within the community. This shall be measured by an evaluation of actual performance of service, including formal or informal complaints from the public or the Town.

3-5.1905 Appeal. Any applicant who fails to be placed on the police rotation tow list after review by the Chief, shall have the right to appeal to the Town Administrator. Such appeal shall be made by filing with the Administrator a Notice of Appeal no later than ten (10) days after receipt of a notice from the Chief that the applicant will not be placed on . the list. The appeal shall be heard by the Administrator within thirty (30) calendar days after the appeal is filed. The Administrator may overrule or affirm the decision made by the Chief. If the Administrator overrules the Chief, the applicant shall be placed on the police rotation. tow list. The Administrator shall notify .the applicant in writing of the decision within ten (10) days after the decision is made. Such notification shall be deemed served arid effective for all purposes on the date it is deposited in the United States mail, postage prepaid and addressed to the applicant at his/her business address as provided on the application for placement on the list.

If the proposed operator disagrees with the decision of the Administrator, the applicant has further right of appeal to the Council. A written appeal to the Council shall be filed with the City Clerk within ten (10) calendar days of receipt of notification of non-placement on the list. The Council will conduct a de novo review and render a decision. The decision of the Council will be final.

3 3"'5.1906 Operator Acceptance of Terms and Provisions of this Article. An operator placed on the police rotation tow list.shall be subject to all the terms and provisions of this municipal articl9 . . . . . -") 3-5.1907 Information on File. The Department shall maintain information regarding an operator placed on the police rotation tow list as follows:

'.) . . A ThA;;.JJ.ame of the business and business owner.

· B. A brief description of each vehicle which the operator is· allowed to operate, including vehicle year, make, model, and license number.

C. Such conditions or additional matters as the Council may deem necessary or proper.

The operator shall be responsible for providing any updated information to the Department in . a timely manner.. .

· 3-5.1908 Suspension and Removal from the Police Rotation Tow List. The Chief may immediately suspend or remove from the list any operator on the folloWing grounds:

. . . A. Upon finding that an operator falsified any portion of the application or has failed to include requfred or important information on ·the · application, or has failed to provid~ the Department with pertinent changed information.

B. Upon failure of the operator to comply with any of the terms and provisions of this article.

C. Upon the operator, demonstrating misconduct or a pattern of behavior, by or through agents or otherwise, that is inconsistent with .the goals of providing quality service to the community and is not in the best interest of the Town or its inhabitants.

D. An order of suspension shall be for a period not to exceed thirty (30) calendar days.

E. If the operator does not agree with a suspension or removal from the list, the operator may file an appeal with the Administrator and the Council as outlined in Section. 3-5.1905 of this article.

F. Upon appeal, the Administrator or Council may:

(1) Confirm a suspension or removal.

(2) Vacate or :modify a suspension.

4 (3) Vacate a removal and impose a suspension or reinstate the operator to the list.

3-5.1909 Fee Schedule.

A. The Council shall determine the fees that may be charged by operators on the list. The Department shall make fee recommendations to the Council. based on the prevailing rate for like tow services in the area and~the rates allowed by local law enforcement agencies in the San Anselmo area.

B. The fee schedule shall be reviewed and established during the month of June-of each year for the next fiscal year.

3~5.1910 Operator Performance Requirements.

A. The operator shall maintain a Town business license.

B. The operator shall file with· the Department, prior to being placed on the. list, the following certificates ·of insurance and the insurance shall be in force while the operator remains on the list:

(1) Public Liability insurance with minimal limits of $1,000,000. The Town shall be named as co-insured.

(2) Liability insurance with minimal limits of .$1,000,000 that covers _.:..,. loss by fire, theft, negligence, and malicious· mischief within the to;w operator's garage and/or storage area.

(3) The operator's insurance company shall provide thirty (30) days' prior notice to the Town in the event of cancellation or modification. ·

C. The operator shall provide for all classes of police initiated tow service, up to vehicles with a capacity rating of up to one (1) ton. Operators who are placed on th.e rotation tow list that have vehicles capable of towing vehicles in excess of one (1) ton capacity shall be required to . provide such tow services and will be called upon by the Town on an as-needed basis. These services shall be provided twenty-four (24) hours a day, seven (7) days per week. This will include all State and Federal holidays.

D. The operator shall provide for the removal of vehicles from pre­ designated tow-a-way zones in· an expeditious manner.

E. The operator shall provide a response time which is immediate, but no longer than thirty (30) from the time a tow request is initiated by the

5 Department to the operator. This response requirement will take into account adverse traffic conditions at the time of the tow request. If a tow operator cannot respond within thirty· (30) minutes, the operator shall immediately noticy the Department and arrangements will be made to wait or call another tow operator. This response time shall apply twenty-four (24) hours per day, seven (7) days per week.

F. The operator shall clean and remove debris generated by a vehicle collision (gas, oil, battery acid, transmission fluid, glass, plastic,vehicle parts, etc.). The operator, shall not be responsible for the spilled cargo of a commercial vehicle involved in a collision. All cleaning and removal shall be completed in compliance with Federal and State laws regulating same. A fee surcharge will be allowed by the Council to -·-:' cover the cost of removal of hazardous materials by the operator.

G The operator shall be responsibie for any damage incurred by persons, property, or vehicles that is caused by collision debris left at an accident scene by the operator. ·

H. The operator shall provide for the storage of all towed, stored, and/or . impounded vehicles. The storage area shall include an area that can store four (4) standard size four (4) door sedans. in a secure building that will prevent unauthorized access to a towed vehide. The storage area shall be close enough to the Town to allow for a release. to an· owner/agent within a reasonable time from that of the release request. The Department may require the operator to tow a vehicle to a designated Town facility. After the Department has satisfied its need to have that vehicle stored at the Town facility, the operator may be required to tow the vehicle from the Town facility to the operaJor's storage facility, charging no more than fifty percent (50%) of the · standard towing rate as set out in the fee schedule.

I. . Except as provided in sub-section H above, the operator shall tow all vehicles directly to the operator's storage area and keep them in such area until· released by an approved method. This may be modified by the Department in extraordinary circumstances.

J. The operator shall store impounded vehicles in a secure manner with windows closed and doors locked, where possible. .

K. The operator shall remove all vehicle accessories which are easily removed and which· tend to attract pilferage,' such as tape decks, . expensive hub caps, etc. These items shall be cataloged and secured within the operator's building by the operator.

L. The operator shall maintain a log book at the place of business into which shall be recorded the following information:

6 :·',;. t(,;),',, ..

(1) Description, including make, model, vehicle identification number and license number of the towed vehicle.

(2) Date and time of tow.

· (3) Location from which the vehicle was towed.

(4) A list of accessories removed for security .

••. :; ..f' · ( 5) The 'name of the person to whom the vehicle was released or the name of the purchaser if the vehicle was sold for lien.

(6) Date and time of release.

(7) Total fees charged.

This log shall be available for inspection by the Department at any time.

M. The operator shall release stored or impounded vehicles only to the owner or the owner's lawful agent. The operator shall not release an impounded vehicle unless the owner/agent has first obtained a valid authorization release from the Department which must be presented to the operator prior to release. The operator shall have personnel available ·on site.to release vehicles between 9:00 A.M. and 5:00.P.M., Monday through Friday, holidays excepted. Provisions shall be made for the release of vehicles at all other times, seven (7) days per week. These'i;., provisions shall insure that a release is made within a reasonable time from the time of the request by an owner/agent. Additional fees, as set . in the fee schedule, may be charged for this extra-hour release service. However, additional release charges may not be charged for releases issued between 5:00 P.M. and 8:00 P.M., Monday through Friday, · holidays excepted.

N. The operator shall provide at least one (1) tow ,truck that should be made available on a twenty-four (24) hour basis .for towing vehicles. These trucks shall be capable of towing standard passenger vehicles, motorcycles, trucks and vans up to, and including one (1) ton capacity. Every tow truck used for towing vehicles described in this section shall be equipped with towing dollys.

0. Any operator that provides a tow vehicle capable of towing vehides over one (1) ton capacity shall be equipped with an air brake line device, commonly referred to as a "glad-hand" or its equivalent.

P. ·The operator shall maintain all towing vehicles and equipment in good working order and shall be subject to safety and operation inspection by any member of the Department. Maintenance of records of the towing

7 equipment and vehicles shall also be. subject to inspection upon reasonable demand by an appropriate member of the Department.

Q. The operator shall insure that all tow trucks and equipment are in . compliance with all applicable sections of the California Vehicle Code. ;.·,!: ·tl. The operator shall equip every approved tow truck with a two-way radio which will allow communication between the operator's base station and the tow truck. ·

· S. . The' operator shall provide all necessary California Department of Motor _Vehicles paperwork for the clearance of towed vehicles, with the .. exception of titles to low valued abandoned vehicles, which will be provided by the Department using registration form 62 entitled, "Public ·Agency Authorization to Dispose a Vehicle to a Scrap Processor or Dismantler;" said form shall allow for the expeditious disposal of junk vehicles.

· T. The operator· shall furnish an itemized statement for all towing and storage charges. Charges for services requested by the Department may . be levied only in amounts established in the Council approved fee schedule, except as provided in Section 3-5.1910, paragraphs (F), (H), and (M)..

U. The Department shall be given access to all operator records concerning fees levied for services pursuant to the article. '-'

3..:5.1911 Exceptions. Nothing in this article shall restrict or _prohibit the owner or operator of a vehicle from calling and selecting a towing vehicle of his/her own choice. Such "self-initiated" tows shall not be subject to the provisions of this article, including the fee schedule. ·

3-5.1912. Non Responsibility of the Town. Nothing in this article will in any way authorize an operator to act as an. agent or employee of the Town. Nothing herein contained will, or is. intended to imply that the cost of towing service or Storage is to be charged or assumed by the Town. The operator shall receive reimbursement for his/her service separate and apart from the Town and its officers unless specifically approved in advance by the Chief.

3-5.1913. Hol

3-5.1914. Validity. If any section, subsection, sentence, clause or phras·e of this article is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this article. The Council hereby declares that it would have adopted the

8 article and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invali&

The foregoing article was introduced at a regular meeting of the San Anselmo Town Council on 199_ and thereafter adopted on 199_

.. ~ AYES:

NOES:

ABSENT: ·.. ..: .. : .

Mayor

. ATTEST:.

Town Clerk

9 ,; -.

TOWN OF SAN ANSELMO

RESOLUTION NO.

A RESOLUTION OF THE TOWN OF SAN ANSELMO ESTABLISHING POLICE ROTATION TOW SERVICE FEE SCHEDULE FOR FISCAL YEAR 1994-95.

WHEREAS, the San Anselmo Town Council has adopted Ordinance No. 961 repealing· Article 19 Tow Car Business and Operators and adopting Article 19 Police Rotation Towing Services of Chapter 5, Title 3 of the San Anselmo Municipal Code; and

WHEREAS, Ordinance No. 961 authorizes the setting of an annual Police Rotation Tow Service Fee Schedule;

NOW, THEREFORE, BE IT RESOLVED that the Town Council hereby establishes a Fee Schedule, to be effective concurrent with Ordinance No: 961, for Police Rotation Tow · Services for Fiscal Year 1994-95.

I hereby certify that the foregoing resolution was duly passed and adopted at regular meeting · of the San Anselmo Town Council held on the 25th day of October, 1994, by the following vote:

AYES:

- NOES:

ABSENT:

ATTEST:

Caroline Foster, Town Clerk

SAN ANSELMO POLICE DEPARTMENT POLICE ROTATION TOW SERVICES

FEE SCHEDULE · . (Effective November_, 1994)

Pursuant to the San Anselmo Municipal Code Title 3, Chapter 5, Article 19, the Town Council of San Anselmo has set the fees that may be levied for San Anselmo Police Rotation Tow -Services. No other charges may be levied for a Police Rotation Tow.

Every towed vehicle owner is entitled to an itemized list of all charges levied by the tow operator for each tow. "

VEHICLE TOWS

The minimum charge for a tow will be one hour.. Additional time will be charged in fifteen (15) · minute increments based on the applicable hourly rate.

Clas$ A - Light Vehicles $105.00 per hour (for towing of vehicles up to, and including, vehicles of 3/4 ton capacity)

Class B - Medium Vehicles $125.00 per hour (for towing of vehicles over 3/4 ton capacity)

Class C - Heavy Vehicles $150.00 per hour (for towing large capacity trucks and buses)

ADDITIONAL OPERA TOR

An additional operator needed to complete a tow will be billed $ 80.00 per hour · at the noted hourly rate.. The additional operator will be charged at a minimum_ of one.;half hour and additional time will be charged in fifteen ( 15) minute increments.

HAZARDOUS MATERIAL DEBRIS PICKUP

Some debris left at a tow scene as a result of a vehicle collision $ 10.00 per incident may be deemed hazardous .material. Pick up, transportation, and disposal costs of hazardous material left at the scene will be charged accordingly.

Page 1 of 2 · SAN ANSELMO POLICE DEPARTMENT POLICE ROTATION TOW SERVICES

FEE SCHEDULE (Effective November _., 1994)

VEHICLE STORAGE

Towed vehicle storage will be charged only after four (4) hours have elapsed from the time the vehicle vehicle arrived at the storage facility. ·

Outside storage, Class A vehicles $ 25.00 per day

Inside storage for Class A and all storage for Class· B vehicles $ 35.00 per day

All storage, Class C ve.hicles $ 50.00 per day

VEHICLE RELEASES

Cash and valid credit cards must be accepted as payment for a vehic,le release.

Monday through Friday, 9:00 A.M. to 8:00 P.M. No Charge

All other times, when an employee is present at the facility $ 30.00

All other times, when an employee must ·respond $ 55.00

Drop charge $ 55.00

(Drop charges may be charged when a vehicle has been safely· and completely hooked up to a tow truck and the wheels raised off the ground in anticipation · of movement. This covers the expense of responding to the tow request and the time spent hooking up.). ·

NOTE:.

If you have any questions related to the conduct of a tow operator or the charges levied for a vehicle tow contact the San Anselmo Police Department at 258-461.0.

These fees are effective November _._, 1994 and are reviewed annually by the San Anselmo Town Council.

Page 2 of 2 TOWN OF SAN ANSELMO STAFF REPORT October 22, 1994

For the meeting of October 25, 1994

TO: Town Council

FROM: Beth Pollard, Town Administrator

SUBJECT: FILM PERMIT, REQUEST TO LOWER FEES, RED SKY FILMS

RECOMMENDATION

1. That Council add the request to the agenda, on the basis that the item came to the attention of the To'Wn following posting of the agenda.

2. That Council consider the request to lower the business license fees for filming by Red Sky Films, and reduce the fees on the basis that the filming is taking place on private property.

3. That Council.direct staff to revise the business license fees for filming to allow for lower fees depending on number of persons involved in the filming, and to make a distinction between filming on public and private property.

BACKGROUND

Red Sky Films plans to film a movie inside a privately owned building on Sir Francis Drake Boulevard for six days.. According to the business license fee schedule, films involving ten or more employees are required to pay the Town $900 per day offilm1ng, for a total of $5,400.

The film company has requested that the fee be lowered, and/or it be allowed to pay the balance of the fees at such time as the film makes money.

DISCUSSION

San Anselmo's business license fee schedule is based on number of employees involved in the shoot, and the number of days filming will take place. The fees range from $150 per day to $900 per day.

Red Sky and other filming companies have noted that the Town's business license fees for filming have are relative to the fees charged by _neighboring communities. In some cases, film companies have decided not to film in San Anselmo because of the cost. t..

A survey by staff shows that the fees in San Anselmo are higher than most other nearby communities. The rates range from $15.0 to $1,000 per day.

In addition, some communities make a distinction between filming that involves the use of public property, and filming that takes place entirely on private property. The San Anselmo ordinance makes no such distinction.

ANALYSIS

In some communities, film permits may be set high so as to discourage filming. Staff has observed that in most cases of filming, the Town receives few if any complaints. Residents and merchants appear to welcome filming, as long as they are not too greatly inconvenienced, and receive adequate warning, and· in some cases compensation, . regarding any inconvenience. This welcoming environment could change, however, if there is too much filming in town that creates too many inconveniences.

The business license ordinance provides that the business license fees are intended to be commensurate withthe amount of business activity taking place in San Anselmo. Filming that takes place on public property has a greater level of business activity in the public realm and greater potential impact on the community than filming that takes place entirely on private property. It is therefore recommended that-the business license fee schedule be adjusted to differentiate between public and private property, be scaled closer to the level of business activity, and be in lin:e with neighboring communities.

Staff will be available to respond to questions from Council. :~_,..,.--- - .-.• ... ')~ '·'

. · · October 21, 1994

Beth Pollard . Town ,Administrator Town. of San Anselmo \ 525 San Anselmo Ave. San Anseh~o, CA 94960-2682

Dear Beth: . . . . This letter is directed at the Town cotrn.dl and explains the -situation surrounding ·our low.:bµdget indepen_dent,feature~ "Farmer & Chase" and the permit fees for the town of San Anselmo. · · _,. . . As I ~xplained, Red Sky Films is ·a production/editorial house that has ~een in San ·Fra.ncisco for over 3 years. We are now in the ml;dst of producing our own . independent feature, which is a. separately func:ted project through independent investors. · · As we are not funded by_ any of the "big names" in Los Angele~; our budget is severely limHed, In fact, all locations have been, donated to us, and all of the people · working on the film (all from the Bay area) are donating their ti.me as· well. .None of them are getting paid, their normal r~te, and in fact, are only receiving sma~l · stipends, and are deferring payment until after the film is made .. and hopefully :makes money. ' · ·

We will be shooting at varfous locations in Marin and San Francisco. As the Director/wt;ite:r is from th~ Marin/San Francisco area, and Red Sky is based in San Francisco, it was important to. us that we shoot in·the area, and use all local crew and . vendor,s. We're trying to make the movie a· true local project, and everyone we've been in touch with has been ve_ry supportive of our caus~..

In San Anselmo, Warren Perry, who owns the" old bank" on 120 Sir Francis Drake Blvd., has been kind enough to allo:W us free access to his building for 6 days. We will be shooting Saturday, Oct. 29 and Monday, October 31 through Friday, Nov. 4. Howeye'r, in permitting for the city, I found out that fees are $900/ day. Obviously, 6 days of $900/day permit fees adds up, ar.d i~ way beyond our means. When discussing th'is with the town hall, I had inquired as to whether we could negotiate lower f~es, and/ or possibly defer our fees: Obviously, we want to abide by all· regulations and get the proper permits- but, again, our financial situation is limited.· At the time, the tow:n hall had suggested $150 fee for the entire 6 days, promising , in writing, that. the remaining funds would be deferred, contingent upon the success of the filn1. A few _days later, (thls morning 10/22), however, I was notified that the town hall did __n~t feel comfortable making this "deal" without ~e approval of the

.. 50 GREEN STREET SAN FRANCISCO, CA 94lll 415··L!l·""332 FAX 4.21-09:?- t~ -.....

.\ __ ,. . f ... town council. And therefore, we are now.appealing our case to the town council v_ia this letter and our appearance at the next town meeting on Tuesday, October 25.

There are several options we would like to propose: 1) Deal memo°;Umited partn~rship: We have given "deal memos" to other focation sites, and crew members. This "deal :t:temo-" in essence, makes that person a · "limited partner" in_ the film, so that whe1l./if the film ~akes· ~oney, they would be paid at the same time.as the other investors, on a pro rata basis. In that case, we · could go with one of the original options we had discussed with the town hall~ and pay $150 for the full six days, and consider the ot:l'~er $5250 ($5400 minus $150) an "inves~ment'' in the film, which, as stated above, would be paid back according to the limited partnership agreement.

2) "I.O.U." : We- could avoid the limited partnership altogether, and just draw up a simple paper stating that when/if the film mad~ money; we would give. the town of San Anselmo the remai_nder of the moneys due. In ~his case, we might also use the initial, amount of payment discussed as $150, ~nd the remainder due as $5250.

3) Reduced fees: As qur budget is severely limited, perhaps we could just reduce th7 fees paiQ. to the town, altogether. Other to-wns we are shooting in (Fairfax, San Rafael, etc.) have smaller permit fees- a11d because we are shooting fewer days in their towns, the overall.fee is considerably lower. Perhaps we could negotiate a·$150 . or $200/per day rate, which is more in line with other communities. , Again, we .would like_ more than· anything to work in close conjunction with the town of San Anselmo .. We want to abide by town ritles and regulations and make your town· and police force aware of everything· we are doing. We just :can not afford $900/day fees, and yet feel very committed to the location- as it will be featured in the film~ . · · ' We would greatly appreciate your consideration on this matter- and would b~ grateful for any assistance you ntlght be able to provide. • ·

. . .·· Sil~ely,L,;:;:arM' Production Manager- Farmer & Chase

cc: Doug Humphreys, Executive Producer, Farmer & Chase/Red Sky Films Julie Costarizo, Producer, Farmer & Chase · Scott McMillan~ Locations, Farmer & Chase \

'·