HomeMy WebLinkAboutTC Agd Pkt 1995-11-15
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
NOVEMBER 15, 1995
7:30 P.M.
7:00 P.M.
PLEASE NOTE: In order 10 give all interested persons an opportunity to be heard, and to ensure the presentation of all points of
view, members of the audience should:
(1) Always Addr... the Chair; (2) Stale Name and Address; (3) State Views Succinctly; (4) Limll Presentations to 3 minutes; (5) Speak
Directly into Microphone.
In compliance with the Americans y.,tjth Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hall
(415) 4$7373. NOOfication 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting [28 CFR 35,102,35,104 ADA Title Ii]
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to malters not already on this agenda, other
than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at
the time it is called Presentations are limited /0 three (3) minutes. Matlers requiring action will be referred to
the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting
agenda.
D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES
E. COUNCIL, COMMISSION OR COMMITTEE REPORTS
1.
VIACOMlTCI TRANSFER - Status of Negotiations (Vice-Mayor Ginalski)
F. CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do not require discussion and
which will probably be approved by one motion unless separate action is required on a particular item. Any
member of the Town Council, Town Staff, or the Public may request removal of an item for discussion.
2,
3.
4,
APPROVAL OF TOWN COUNCIL MINUTES - #1067, November], ]995
MONTHLY INVESTMENT SUMMARY - September 30, 1995
APPROVE RENEWAL OF AGREEMENT - Participation in Hazardous
Materials Spill Management JPA
G. UNFINISHED BUSINESS
5, BLACKIE'S PASTURE IMPROVEMENTS - Fencing & Garden Design
6, REVIEW OF PLANS FOR CONSTRUCTION OF TWO DWELLINGS AT
1860 CENTRO WEST (Dave and Diane Williams, Applicants) - Assessors'
Parcel No, 59-061-10
H. NEW BUSINESS
7, STREETS IMPROVEMENT PROGRAM - Ballot Measure for Special Parcel
Tax to Implement Long-Range Repairs
8, CONSTRUCTION HOURS ORDINANCE - Holiday Interpretation
9, HARROMAN OPEN SPACE ACQUISITION - Town's Pro Rata Share of First
Phase Funding Effort
10. TOWN COUNCIL POLICIES, PROCEDURES, AGENDA FORMAT &
REQUEST FOR FUTURE MEETINGS - Staff Recommendations
I. COMMUNICA nONS
II, LAFCO'S DUAL ANNEXATION POLICY - County Counsel's Opinion dated
October 30, 1995, Hussey v, City of Portland
J. STAFF & TOWN MANAGER REPORTS
K. ADJOURNMENT
Future Al!enda Items
- Historical Designation of Newman Property (Decem ber 6)
- Mill Valley Refuse Service Franchise Agreement (December 6)
- False Alarm Ordinance - Revised (December 6)
- Traffic Ordinance - Revised (December 6)
Future Activities
- Town Council/Staff Holiday Party (December 20 - Tutto Mare)
DATE OF MEETING: November 15.1995
NO, 15-1995
DATE POSTED: November 10. 1995
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
Pursuant to California Government Code SCilctions 54950 et seq" the Town Council will hold a
Closed Session. More specific information regarding this meeting is indicated below:
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9a)
Name of Case: State of California v. Zelinskv. et al.
(Marin County Superior Court No. 163929)
Name of Case: Harroman Company. Inc. y. Town of Tiburon. et al.
(Marin County Superior Court No. 160899)
United States y. Stonehill. et al.
(No. 432-44 N.D. Cal.)
.,
NOV- 7-95 rUE ;5:20
"
Unda Christman
P,OI
:r/e M No - /
1P6~CC~O'W~[Q)
f'JOV 7 199~
TOWN MANAGER'S OFFiCE
TOWN OF TIBURON
.
DATE:
TO:
FROM:
November 2, 1995
Executive Committee - Cable JPA
SUBJECT: VIACOMfTCI TRANSFER
Review of Issues & Options
UklblNAL
Review of Issue$IWhere do we stand?
The Cable JPA has identified eight issues as "most important." These issues,
with the ViaComfTCI responses. are, as follows:
1. Rebuild of the system.
TCI has promised a complete rebuild to 78 channels by year-end 1998,
The JPA would like semi-annual reports on the progress of the rebuild.
2. Line Extensions
TCI has offered to 'work with the JPA" on this issue, The JPA would like further
discussion on this issue, Is there a possibility that new technology and the
rebuild pro/ect would offer a solution to some of the line extension problems,
3. Public Access to continue at present high level.
Tel promises to continue present "strong commitment" to public access
television, In keeping with the franchise agreement. the JPA wouid like a
"capital improvement progr,'lm" for Public Access equipment to be done by
ViaCom prior to the transfer, We would like a commitment from TCI to continue
the present lever of staffing-- and we would like a commirtee of publiC access
producers to be established to work with the TCf Public Access Coordinator to
provide feedback on operations & to report semi-annually to the JPA and to
assist in ourreach to Marin Organizations and Group
4. Customer Service ..Iocal manager.
TCI has promised to continue the same level of customer service--and pr:>mises
an'locai contact" Tile JPA would like a ccntinuation of the current office
location and further discussion of "local contact", "
5. Cap on non-bench marked rate increases
TC; states they do not ir,tend to file a "cost of service" rate increase, Indeed,
j;;rther research indicates that TCI has only filed three such cost oj service
increases and those were in nighiy urban r1arkets FCC rules preciude using
NGV 7-95 TUE 15:21
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p, 02
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intangibles such as "good will" in a cost of service filing, No resolution' on this
issue, The JPA would like an agreement that there be a moratorium on non-
benchmarked rate Increases for a period of time and would like assurance that
the present FCC rules regarding "good will" would continue to be observed,
6. Late fees to be Included In franchise fee calculation.
ViaCom has promiSed to pay for previous underpayments and Tel has
promised to include late fees in future franchise fee payments.
This is a value of approximately $32,000 in past payments to the present plus
future revenues,
7. Reimbursement of our costs'associated with the prior sale and
present transfer.
ViaCom has indicated that they believe these costs (approximately $10,000)
should be covered within the franchise fee and as an obligation ot our role as a
regulator, The JPA believes that these costs are outside the normal scope of
regulation and are instigated by the franchisor for their benf1fit. We believe that
it is reasonable that we be reimbursed for these costs,
8. The JPA seeks reassurance that the present SSI and SSDI
lifeline rate discounts of 20% will continue.
See attached letters from Tel & Viacom -colored paper
..
NOV- 7-95 rUE 15:22
... -..
/
SE~T BY:VIACOM CA6LE
P. 03
i 9-26-95 7:J6~~
'VIIICOM HQ ADMIN. ..
;# 2
YIACOJ.\N
CABLE
hpIlcI1I1 10.. IloImt
V1ce "'....nl
t)epu1y G~ CouN8l/CClble
Septomber ~6, 1995
Linda Christman
Town Administrator
Town of Fairfax
142 BoUnas Road
Fairfax, CA 94930
Dlar Lillda:
Thank you for YOW' l~ter ofSeptemcer 19, TCI will respond to item! I, 3,4,5,6, and for fUture
periodl only, 7, I'd like to respor,d to item 2 and the current aspect of item 7,
Franchise FSI Bale - Late FUJ
"~"
AI you know, the 1P A hired the consuJtins firm Pub:ic Knowledge to revitw li'ancrjse fees paid
to the1PA memben for the periods 1992 through 1994, Jay Smith of Public Knowledge, in his
letter of April 26, 1995 to Sulci Sennett, identified One item of diligreement with Vi.com',
calculation of franchlsl fees: e"clusion oflate fees from "gron L'lllllal receipts" to which the !lve
pll'eent fee appUel. The B.Ql'egate frlnchi!e fee effect through year end 1994 wu $24,336.33.
per Schedule A to his lenir,
While Viacom continues to believe its lnterpretalion of the lang-~ag. is reasOMble, we'd like to
p~t thil iesue behind 1.11 ar.d give Tel a clear direction ioins forward, Therefore, VllLcom wm pay
to the 'JPA members their proportionate shares offranchlse fee. related to late (ee. oollectoo, for
the perioda 1992 through the date of the chlll'lBe of control of Viacom International Inc. to Tel.
Consultants' Fees
Viacom. .8 . malleT of policy, does not reImburse consultants' fees Incurred by franchielna
authorities In connection with cable regulation, The Bve peroent fh.nchiu ree was set by
Congress and the FCC specifically to cover the cost of regulation; in 1994 Viacom paid the JPA
mernbarl an Bwagate of OVer $1,) :r.lllion in franchise feu, With relpect to ratl: regulal:on i~
j)ai1icular. the FCC reql.lires local authcrities who ele;! to exerci~e rate regu:ation, :0 certif'y that
they have the eX;'lel"liae and reseurces to undertake thig effort, If they cannot, the FCC .".;11
undertake review and regulation, at FCC expense, on behalf of the locallWthority To qualif'y for
this help, the local authOrity must )lersllilde tile FCC ti1&! it cannot pay for local ra:e procedures
mol gJ ft~nchise fuJ (see 47 CFR ~76,913 (b)), It is therefore clear thlt the FCC intends
fran<;hist fees to be the scurce offunos for rale rei'~la:ion efforts undertaken by local authorities,
"
riOV 7-,85 TUE 1 S: 22.
,
/ 8Y:VIACOM CABLE
8-26-85 7:07FM
~IACOM HQ ADMI~ ~
P.04
i# 3
VI.com i. pralle! of ita operation. and reputation in Maron, and w. are h.ppy to work with you,
the JP A. its members L'ld ltaff on thOle is.un It is in our mutual belt interest to 101 a smooth
trwition u we all look toward th. future oftelecorr.municationl servi~s in the COllnty,
SIncerely,
~W>..w:t ~
Slcphanie A, Storms
SAS/mh
UlJOtolH
NOV- 7-95 TdE 15:23
p, 05
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.'TCI 'Cablevisiot1 of
. California,lnc.
September Z6, 1995
.,2., 1995
Linda Chnstman
Town AdministIator
Town of Fairfax
142 Bolinas Road
Faitfax, California 94930
Dear Ms. Christman:
I'd like te take this op'portunity to address a number of i,sues that are of importance to
Marin County as we move forward with the change of control of the Viacom cable systems
in the County to Tel Communications. lnc, (TCI), TCI has always believed in having strong
lines of communication with its franchise regulators. and we want to address any queSlior.s
Or concerns you may have.
First cf all. it is TCl's intent to contiuue the strong commitment to public acce" ,Ihat Marin
County has enjoyed with Viaoom, Tel has a long history of commitment to public acces s
nationally, and we are eager to extend that commitment to Marin County.
We are also committed 10 the complete rebuild of the Marin system to 78 channels by
year-end 1998. As you koow, this commitment is based on reasonable assumptions as to the
availability of Jabor and materia:" If an event or .erie, of events beyond Tel's control
threatens this timetable. Tel will specifically identify the problem and work with the J oi nt
Powers Authority to determine whether, and io what manner, any delay will occur. We
know that Marin residents eagerly look forward to have mOle services available and we an.
delighted to make this commitment to Marin CouMy,
TCI also agrees to provide the same level of cu~tomer service that Marin residents are
presently enjoying with Viacom. TCl regularly exceeds federal ,tand.rels outlioed !ly the
Federal Communications Commissibn. pursuant to the 1992 Cable Act, and we will do so 1 n
Marin County, These federal ,tandards cover four major areas: office hours and telephone
availability; installations. outages and service calls; billing practices: and co mmu n ic at ion s
between oable operators and subscriber" We can provide you with detailed information 0 n
these federal standards.
The Joint Powers Authority has expressed a 'peclfic desire for maintenance of a local 0 Uke
and a local manager in Marin County, Tel aSsure. you that it plans to continue Viae om , s
focus on local accountability "y extending to Marin County Tel's trodition of having a local
contact in the community to work wit:1 the franchIse authorities, Because of the pending
rebuild, this local communication take~ on added sigr.ificnnce. At the same time, loc~1
employees. such as service technidans and instaners, arc key to Tel's abIlity to maintain a
high quality of customer ,ervice,
Tel would alsJ like to addre" any questions you may have 'egarding our complianoe with
the line extension reqUIrements of lhe franchise agreement. We understand that most, If
not all. of the unserved areas do not satisfy the line extension prerequisites set forth in the
franchise agreements,
- I of 2 '
)jvisiClnOf'litf'
1 /;ISO ,\.t!. Dl.bb Blvd . SlJ,h~ 21:S
W.lhlut Cruck;, CA 945Qt.
~~1 (;~ 9af:;.1l600
r;;A..: 15le) ::lI!S.C6Jt
Afl EquJI Ope;')r'u"'''y EmpbYf"
I~O\':- 7-85 TUt 15:24
P. 08
.
,
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,;,
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Linda Christman
Town Administrator
Town of Fairfax
.2 of 2'
September 26, 1995
TCI is more than happy to work with the Join\ Powers Authority on areas that are presently
without cable service. We would appreciate it if you could provide us with information
regarding specIfic areas that are of concern to you as a first step in allowing us to beg i n
addressing this issue, We are committed to comply with the. terms of the franchise and to
determine if there is an economically viable way to provide service to unserved areas.
You have also requested information regarding rale increases, TCI intends to file rates in
accordance with lhe benchmark regulations of the FCC. Should TCl elect to pursue a
cost-of-service filing in the future. it will do so in compliance with R:X: rules and
regulations. As Madie Gustafson, TCI Senior Counsel. explained to you at the meeting, the
K:C does not permit inclusion of ellcess acquisition costs, except under very limited
circumstances and the franchtse authority' can always contest any eost-ot-service filing,
Your letter ot September 19 to Stephanie Storms of Viacom mention's the inclusion of late
fees in the franchise fee oase which is an ullre.olved matter relating to the cunent
franchise ree audit. Thls is a new item not discussed at the meeting on September 15. TCl
is willing to include late fees in gross revenues ior purposes of franchise fee calculatien
tor those franchises that are part of the Joint Powers Authority. Any underpayment by
Viacom will need to be addressed with them,
Finally, your letter asks about consultant fees in connection with the former InterMedia
sale, Since TCI was nor directly involved in the aborted sales, Viacom is the appropriate
party to respond to this request.
TCI is making the commitments in this letter in a spirit of cooperation and in order to
reso."e questions concerning future operations. We are excited al;lOut the opportunity to
serve Marin County and work with the Joint Powers Authority, As the nation', leading
cable provider. Tel is committed to ptoviding high quality cable service, We will be
providing you with more information on TClthat ma)' help to answer any questions you
have, We are also happy to provide a formal presentation should the Authority wish one,
In the meantime, we are hopeful that the information contained in this letter is helpful to r
the executive session planned on Wednesday and look forward to hearing from yo u
fellowing the meting,
Thank you for [l1e opportunity to allow us to outline our views on issues that are important
to the Joint Powers AuthOrIty and Marin County cable subscribers, It is our goal (0 provide
the highest queUt)' cable service, We look forward to becoming a member oi the Marin
County community and having a productive relationship with the Joint Powers Authority,
If you have any questions, do"'! hesitate to call Valerie Castellana at 510/988-8611 (Director,
Planning and Development) or me.
S~;1rV~ 0:-
Dan McCarty V
DIvision Vice President
Northern California/Nevada
ce: ELsabeth "Suki" Sennctt (County of Marin)
Alexis McBtide (County of Mann)
:aM MI ~
DRArl
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Thompson called the regular meeting of the Town Council of the Town of Tiburon to
order at 7:33 P,M" Wednesday, November I, 1995 in Council Chambers, 1101 Tiburon
Boulevard, Tiburon, California,
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
EX OFFICIO:
Ginalski, Nygren, Thayer, Thompson, Wolf
None
Town Manager Kleinert, Chief of Police Herley,
Planning Director Anderson, Town Attorney Sharp,
Town Engineer Mohammadi, Town Clerk Crane
G. UNFINISHED BUSINESS
7, Blackie's Pasture Improvements - A. Location of Statue, Mayor Thompson moved
immediately to the item since representatives from Parks & Open Space and Blackie's Brigade
had met in special session prior to the Council meeting, Town Manager Kleinert reported that he
had authorized the installation of the statue in its current location based upon the field
observations of members ofBlackie's Brigade and the artist, who said it could be moved later if
necessary,
Council asked for a report from POSe.
Joanne Ferro, Chair ofPOSC, said the Commission had voted to do a site check of the current
location ofBlackie's statue and make a recommendation after that meeting, She said she had a
problem with how the process had been handled and felt that POSC should have been consulted
about the change in location of the statue,
Councilmember Nygren asked why the statue had been installed prior to the completion of the
grading work and questioned Town Engineer Mohammadi about the status of the project,
Councilmember Thayer asked about payment from Town funds, Town Engineer Mohammadi
said [contractor] Forde would not be paid until completion of the project from TDA Grant funds
now in the Town's possession, He said the silt fence was in place for protection of the marsh and
channel in the event of rains over the weekend,
B. FencingJe. Overflow Parking - Gravel. Larry Smith, Chair of Black ie's Brigade, asked
Council to consider advancing a "line of credit" in the amount of $1 0, 000 to the Brigade to
TOWN COUNCIL MINUTES #1067
November 1. 1995
complete the work [install gravel] at the pasture, He said the Brigade would raise the money to
repay the Town, He also presented the Brigade's proposal to install a rural-style fence to keep
cars out of the non-parking areas, and said the area would be seeded with native grasses and
poppies after the field had been cultivated, He asked for volunteers to help pick up rocks and
spread seed.
AI Kuhn, Blackie's Brigade, encouraged everyone to work together and avoid confrontation and
distrust in the future,
Ellen Rony, 21 Juno Road, spoke as both a member ofPOSC and as a resident, She said POSC
would consider other locations for Blackie's statue, including near the grave site, She said it was
not appropriate for private citizens to call the Town Manager at the llth hour and request last
minute decisions, She said the situation presented an opportunity for everyone to "do better and
to respect the process,"
Hearing returned to Council.
Councilmember Thayer said it was great to see the Brigade nearing the end of their project but the
process had been bypassed. He said it was a positive step to have the site checked by POSC and
he said he would approve making a loan to Blackie's Brigade,
Councilmember Ginalski said he had a hard time swallowing what had gone on and thought the
[Constitutional] process had been subverted, He suggested winterizing the project and all parties
taking some time offfrom each other.
Mayor Thompson said that laying gravel was part of winterizing the project,
Councilmember Nygren said that Blackie's Brigade and POSC had excellent intentions, but in its
rush to finish, the Brigade had bypassed the governmental process. She said that $116,500 had
been spent on the project so far for "not much,"
Mayor Thompson said that the statue could be moved and that the whole situation was "much
ado about nothing," He said that many members of the Strawbridge family had attended the
dedication ceremony and that most of the work had been done by volunteers at little or no cost to
the Town, He hoped that everyone would "see the bigger picture,"
Councilmember Wolf was recused,
MOTION
To Extend a Line of Credit not to Exceed $10,000 to Blackie's Brigade for
Winterization of the Project and Subject to further POSC Actions
Thayer, Seconded by Thompson
AYES: Nygren, Thayer, Thompson
NOES: Ginalski
Moved:
Vote:
TOWN COUNCIL MINUTES #1067
November I. 1995
2
B. ANNOUNCEMENT OF CLOSED SESSION ACTION
Mayor Thompson said that further discussion about the status of the State of California v,
Zelinsky. et.al. lawsuit had taken place and that no action was taken,
C. PUBLIC OUESTIONS AND COMMENTS
Ann Ross, 16 Reed Ranch Road, said there was a perception ofa conflict of interest in Candidate
Hennessy's home loan [with the Town]. She suggested that Ms, Hennessy pay back the loan and
the money ($89,500) could be put into the fund for senior housing at Ned's Way,
D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES
None,
E. COUNCIL. COMMISSION OR COMMITTEE REPORTS
1, Legal Subcommittee, Councilmember Thayer said that interviews for Town Attorney were
progressing and had been narrowed to four candidates. He anticipated a final decision by the end
of the month.
2. Congestion Management Agencv, Councilmember Nygren reported on several issues that
came before the agency: A new CALTRANS estimate ($50M) for HOV lane between Miller
Creek and North San Pedro Road which, through County budget cuts, would result in a $12M
shortfall; Railroad Right-of-Way acquisition funds but no money to develop; Novato's proposed
new General Plan which would allow more growth but no transportation or rail funding. She
announced the next meeting date of November 16,
3, Hazardous & Solid Waste JP A. Councilmember Nygren said some members proposed to
abandon the JP A but she recommended against it, She said the JP A had voted to approve a
search for an independent executive director and the next meeting would be November 27,
Councilmember Ginalski presented Councilmember Nygren with a gift and acknowledged her
"detailed and fastidious efforts" on behalf of Tiburon and the two JP A' s,
F. CONSENT CALENDAR
Chief of Police Herley asked that Item 8 be removed from the Traffic Safety Committee
Recommendations,
MOTION:
Moved:
Vote:
To Adopt Consent Calendar [Agenda Items 4 & 5]
Nygren, Seconded by Thayer
AYES: Unanimous
ABSTAIN: Wolf, from October 18, 1995 Minutes
TOWN COUNCIL MINUTES #1067
November I, 1995
3
G. UNFINISHED BUSINESS
6A. Library Resolution: Property Tax Transfer. Councilmember Wolf expressed concern about
Section 3 of the Agreement pertaining to appropriations limits and asked ifthere would be
protection for the Town iflibrary expenditures were to increase, Town Attorney Sharp said it
could be addressed in a separate hold hannless agreement. Carol Forrell, Vice Chair of the
Library Agency, said the agency would go along with it but thought the appropriation limits
pertained to Measure "L" only.
MOTION:
To Adopt Resolution Approving the Exchange of Property Tax Revenues
To be Used Exclusively for Public Library Purposes from the County of Marin to
Belvedere and Tiburon
Thayer, Seconded by Wolf
AYES: Unanimous
Moved:
Vote:
6B, Library Resolution: Notice of Boundary Change, Town Attorney Sharp said it was
necessary to formalize the boundaries of the taxation area after withdrawing from the County
library system, He said the boundaries would be the existing city limits of Belvedere and Tiburon,
He presented a map prepared by Newt Engineering.
Councilmember Nygren asked what would happen ifTiburon annexed new areas, Carol Forrell
said the [Mello-Roos] district would expand with the expansion ofTiburon, Councilmember
Wolf clarified that the taxing district for property taxes would remain the same and the Mello-
Roos district was the taxing entity for the new library (Measure "L" and "E"),
During public hearing, Nat Marans, 2312 Spanish Trail, said he was against only portions of
Tiburon paying for services provided to all residents of Tiburon,
MOTION:
To Adopt Resolution Authorizing a Statement of Change in Boundaries Consistent
with Withdrawal from the County Library System
Thayer, Seconded by Wolf
AYES: Unanimous
Moved:
Vote:
8A. New Town Hall: Housing Committee Report, Chair Hinkel said he hoped the Council would
endorse the Committee's recommendation to sell the Ned's Way site to the Redevelopment
Agency for senior affordable housing, He said the Town could get the maximum value from the
property because the RDA had to be able to compete with other developers, and that former
Town Attorney Ewing said that the Ecumenical Housing Association had done a good job on the
negotiations for the [Cecilia] Highlands project.
8B, Senior Housing Advisory Committee, Chair Smith said a draft RFP was being evaluated by
two developers and would be ready within the next two weeks, He said SHAC had met with the
Housing Committee and that the mission of the two committees was different: one being
exclusively to promote affordable housing in Tiburon; the other to evaluate and deliver a project
TOWN COUNCIL MINUTES #1067
November I, 1995
4
for senior housing at Ned's Way for $1.4 Million, He said the committees could run parallel and
proposed that the Town Council conduct a public workshop to discuss the complex and
philosophical issues on the disposition of the [Ned's Way] site,
Council concurred with the idea for a workshop and directed Hinkel to continue to talk with EAR
without making any promises, Councilmember Thayer said that the Town needed to know the
use of the land before asking for an appraisal, Councilmember Wolf clarified that Measure "K"
did not specify "affordable" senior housing,
8e. Buildifil! Advisory Committee, Town Attorney Sharp recommended striking the waiver of
damages paragraph (Article 9.4, p, 15) of the architect's contract, and said that the hold harmless
clause (Article 12,15, p. 3) was adequate, Councilmember Ginalski concurred, Ginalski also
suggested negotiating a sliding scale for the architect's representation at meetings. BAC member
Edelstein said this was already a capped in the fee agreement.
MOTION:
To Approve Architect's Contract subject to deletion of Article 9.4 (and correction
of typo in Article 12,15, page 3)
Wolf, Seconded by Thayer
AYES: Unanimous
Moved:
Vote:
Councilmember Nygren read from an SF Examiner article on the failure of buildings during the
Northridge earthquake, and said the safest method of construction for the Town Hall was to use a
"pier" foundation,
Council directed that a joint meeting of Town Council, Planning Commission and Design Review
Board be held on November 21 to review the site plan,
H. NEW BUSINESS
9, 21 Southridge Drive - Grant of Easement. Council waived the staff report and moved to
adopt and unanimously passed the Resolution accepting the easement connecting two segments of
Cayford Drive for public pedestrian, drainage and utility purposes,
I. COMMUNICA nONS
None,
J. STAFF & TOWN MANAGER REPORTS
None,
K. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor
TOWN COUNCIL MINUTES #1067
Novemk.. I, 1995
5
Thompson adjourned the meeting at 10:37 p,m" to November 14, 1995,
ANDREW THOMPSON, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES #1067
November 1, 1995
6
TIBURON TOWN COUNCIL STAFF REPORT
To:
TOWN COUNCIL Meeting:
FINANCE DIRECTOR Item No:
MONTHLY INVESTMENT SUMMARY STATEMENT
AS OF SEPTEMBER 30, 1995
NOVEMBER I:;' 1995
J
From:
Subject:
I. TOWN OF TIBURON
Institution! Agency
Amount
Interest Rate
Maturity
State of California $6,525,528 5.832% Liquid
Local Agency Investment
Fund
Federal Agency Issues $973 12,000% 04-14-2014
GNMA
I Total Invested:
$6,526,501 I
2, TIBURON REDEVELOPMENT AGENCY
Institution! Agency
Amount
Interest Rate
Maturity
State of California $1,057,908 5,832% Liquid
Local Agency Investment
Fund .
I Total Invested:
$1,057,908 I
Notes to tables:
(I) State of California Local Agency Investment Fund (LAIF) - The interest rate represents the
effective yield for the month referenced above, The State distributes the data reports in the third week
following the month ended, (2) GNMA - Principal and interest are paid monthly on this government
security,
Acknowledgment: This summary report accurately reflects all pooled investments of the Town of
Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the
Investment Policy adopted by the Town Council. The investment program herein summarized
provides sufficient cash flow liquidity to meet next month's estimated expenditures,
BY:
II ce Director
TOWN COUNCIL STAFF REPORT
To:
TOWN COUNCIL
FINANCE DIRECTOR
Meeting:
Item No:
NOVEMBER 15,1995
1
From:
Subject:
APPROVE JOINT POWERS AGREEMENT FOR HAZARDOUS
MATERIALS SPILL MANAGEMENT - RENEW PARTICIPATION
Backl!round:
This item is for approval of renewed Town participation in the Joint Powers Agreement for
Hazardous Materials Spill Management.
Discussion:
The Town of Tiburon, the County,all other cities and towns, many fire districts and service areas have for
many years participated in the JPA-funding of a specially trained hazardous materials response unit which is
provided and operated by the City of San Rafael Fire Department. The hazardous materials spills unit
responds to all hazardous materials spills on public and private property within jurisdictions that are
participants in the Joint Powers Agreement.
The new Joint Powers Agreement is the generally the same as the current agreement under which we have
participated in since 1985, This agreement renews the term of Town participation for a ten-year period ending
June 30, 2005,
The fiscal impact of Town participation will remain unchanged from current levels, The annual costs shared
by participating local agencies is about $20,000; the Town is currently assessed three percent of these costs,
or approximately $700,
Recommendations:
Town Council approve renewed Town participation in the Joint Powers Agreement for Hazardous Spills
Management.
Exhibits:
1. Joint Powers Agreement.
JOINT POWERS AGREEMENT FOR HAZARDOUS MATERIALS
SPILLS MANAGEMENT
THIS AGREEMENT, made and entered into this _ day of
1995, by and between the following public agencies: Cities of Novato, San Rafael,
San Anselmo, FaiIfax, Ross, Mill Valley, Belvedere, Tiburon, Sausalito, Corte Madera
and Larkspur; County of Marin; Alto-Richardson Bay Fire District; Kentfield Fire
District; Novato Fire District; Tamalpais Fire District; Tiburon Fire District; Ross Valley
Fire Service and Marinwood Co=unity Services District.
RECITALS
This agreement is predicated upon the following facts:
1. Each of the parties to this Agreement is a "Public Agency" as that term is
defined in California Government Code Section 6500 and is authorized to enter into
Joint Powers Agreements.
2. The parties are responsible for maintenance of public safety and/or fire
protection within their respective jurisdictions within the County of Marin, State of
California.
3. Pursuant to Government Code Sections 6500 et. seq. commonly known as
the Joint Exercise of Powers Act, two or more public agencies may by Agreement jointly
exercise any power co=on to the contracting parties.
4. Each of the parties desire to enter into an agreement with each of the
other parties for the purposes of coordinating management of hazardous materials spills,
establishing a formula for financing joint expenses for such management, and defining
signatory agency responsibilities.
NOW THEREFORE, in consideration of mutual benefits, covenants and
agreements set forth herein, the parties agree as follows:
SECTION 1. Definitions
These definitions shall include any subsequent amendments, deletions or additions
to the above mentioned statutes.
A. Hazardous Material Soill
A hazardous materials spill means an incident which threatens public health or
safety involving the unsafe release of a hazardous substance or hazardous waste as
defined below. A hazardous substance or hazardous waste means any substance or
product for which the manufacturer or producer is required to produce a material safety
data sheet prepared pursuant to Section 6390 of the California Labor Code or pursuant
to the regulations of the Occupational Safety and Health Administration of the U.S.
Department of Labor, or pursuant to the Hazardous Substance Information and Training
Act (commencing with Section 6360, Chapter 2.5, part 1 of Division 5 of the California
Labor Code), or pursuant to any applicable State of Federal law or regulation; any
substance or product which is listed as a radioactive material set forth in Chapter l,
Title lO, Appendix B, maintained and updated by the Nuclear Regulatory Commission;
or any substance or product defined as hazardous or extremely hazardous waste by
Sections 25115 or 25117 of the California Health and Safety Code and set forth in
Sections 66680 and 66685 of Title 22 of the California Code of Regulations. Release
means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, ejecting,
escaping, leaching, dumping, or disposition into the environment. Any material may be
added to the list of hazardous materials set forth by applicable State of Federal law or
regulation upon a finding by the County Health Officer that it is a material which,
because of its quantity, concentration, physical, or chemical characteristics, poses
significant present or potential danger to human health and safety or to the environment
if released into the environment.
B. Incident Commander
Incident Commander is the individual responsible for the overall management of
the incident and is usually from the agency in which the incident occurred or as
designated by the agency.
C. Unified Command
Unified Command is a unified team effort which allows all agencies with
responsibility for the incident, either geographical or functional, to manage an incident
by establishing a set of common objectives and strategies.
SECTION 2. Authority and Pumose
A. The purpose of this agreement is to establish a specially trained capability
for the expeditious and economical response to hazardous materials spill on public and
private property within the signatories' jurisdictions.
B. The components of this specialized response capability shall consist of a
designated unit of the San Rafael Fire Department, hereinafter referred to as the
Hazardous Materials Response Unit, which shall assist in the control and containment of
hazards created by releases and potential releases which exceed the capability of the
jurisdiction having primary responsibility, and which shall provide consultation on
identifying and managing hazardous materials releases or potential releases in a manner
consistent with all local, state and federal laws and regulations regarding such releases.
A County of Marin Hazardous Materials Management Team, consisting of
representatives of the Marin County Fire Department, Office of Emergeucy Services,
District Attorney, Sheriff, Health Department and the Department of Public Works, shall
be dispatched to the incident by County Communications when requested by the
Hazardous Materials Response Unit or Incident Commander.
SECTION 3. Terms of Agreement
Except as provided below, the term of this Agreement shall be for ten years,
beginning on July I, 1995 and terminating on June 30, 2005. A signatory agency may
withdraw upon ninety (90) days' notice prior to adoption of budget with written notice to
all of the then parties.
Each party to this Agreement certifies that it intends to and does contract with all
other parties who are signatories of this Agreement. Each party to this Agreement also
certifies that the deletion of any party from this Agreement shall not affect this
Agreement nor the remaining such party's intent to contract as described above with the
other then remaining parties to the Agreement.
SECTION 4. Operational Responsibilities
A. As soon as practical upon determining that a hazardous material release or
potential release has occurred, the public safety unit first arriving on the scene shall:
1. Immediately isolate the scene, deny access to the scene and to
protect people and/or livestock in the general vicinity.
2. Notify County Communications of the location of the incident and
affected area, the type of incident (traffic accident, pipe breakage, etc.), the type and
quantity of hazardous material or the characteristics of the material if its type is
unknown, safe and unsafe routes to the scene, and a request to have the Hazardous
Materials Response Unit i=ediately advised.
B. Upon notification of a hazardous material release, County Communications
will contact the San Rafael Fire Department for dispatch of the Hazardous Materials
Response Unit and such other resources as the protocol indicates of the jurisdiction in
which the spill occurs. (The California Highway Patrol has jurisdiction over State
highways.)
C. For each incident, command responsibility shall be delegated according to
applicable State law. Where State law does not designate responsibility, each signatory
city and the County shall specify in writing to the Haz Mat Response Team at regular
intervals command authority for incidents within its jurisdiction. The incident
commander may request additional assistance as he deems necessary to restore public
health and safety.
D. When the Hazardous Materials Response Team determines that specialized
resources may be required to mitigate the release or assist with clean-up, the Incident
Commander shall be advised and provided with the agencies that should be notified.
E. After an incident is under control, as determined by the Incident
Commander, the following clean-up protocol shall be followed. First, a reasonable
attempt shall be made to give the person(s) responsible for the incident adequate notice
and opportunity to remove the hazardous substance. If, in the judgment of the Incident
Commander, such opportunity has been adequately provided, considering the conditions,
the Incident Commander may authorize such additional clean-up operations, if
appropriate, by (1) the City Public Works Department in which the incident occurred,
(2) County Public Works for incidents in the unincorporated area, (3) Cal-Trans on a
State highway, or (4) a licensed Hazardous Waste Clean-up Contractor. The Incident
Commander may authorize such other clean-up arrangements deemed appropriate for
the restoration of public health, safety and nuisance abatement. Clean-up of private
property beyond these requirements shall be the responsibility of the property owner
under the auspices of the County Health Officer.
F. Signatory agencies shall cooperate with such incident protocols as this
agreement may require.
SECTION 5. Resource Inventory
A. The signatory agencies agree to fund equipment, training, medical
monitoring and personal protective equipment as may be required by the fiduciary agent
to meet state and federal OSHA regulations pertaining to hazardous materials release
response.
B. Each participant to the Agreement shall obtain from their Administrative
Agency documentation disclosing the storage location and use of hazardous materials in
their jurisdiction for reference by the Hazardous Material Response Team.
SECTION 6. Financing
A. The principles for allocating cost responsibility for hazardous material
release management shall be:
1. Primary responsibility for all extraordinary costs related to such an
incident rests with the person(s) responsible for the spill. Damages and expenses
incurred by the Hazardous Materials Response Unit shall constitute a debt against the
person and/or firm causing the incident and shall be collectable by the fiduciary agent
specified in Section 6C of this agreement. Expenses, as stated above, shall include but
not be limited to, equipment, personnel committed, and any payments required by the
Hazardous Materials Response Team to outside business firms requested by the Team to
secure, investigate and monitor remediation and cleanup the incident. Reference Section
13009,6, California Health and Safety Code.
2. The State of California is not liable for any such costs unless one of
its officers, employees, or agents is a person described in Section 6(A) 1 above; or unless
the costs are associated with a spill for which a disaster is declared.
3. Funding sources for activities of the Authority will consist of
contributions made by each party in a manner to be determined by the Marin County
Fire Chiefs Association.
4. To the extent that signatory agencies are not reimbursed for
extraordinary costs of managing an incident or its clean-up, the costs shall be the liability
of the jurisdiction in which the spill occurred.
5. The Hazardous Materials Response Unit shall prepare a proposed
annual budget, or any supplemental budget shall be submitted to the Marin County Fire
Chiefs' Association for approval in the time and manner as specified. Public funds may
not be disbursed by the Hazardous Materials Response Unit without adoption of the
approved budget, and all receipts and disbursements shall be in strict conformance with
the approved budget.
B. Cost sharing, to support the Hazardous Materials Response Unit, shall be
allocated on a jurisdiction percent of population based on the County of Marin's current
census data. Where a Fire District and City share the population, each shall contribute
one half of their shared cost.
Jurisdiction
Percent Population
2.4
1.0
3.6
11.6
3.0
4.8
2.0
5.7
20.7
2.6
1.1
9.4
21.0
3.1
3.7
3.3
1.0
100%
Alto FPD
Belvedere
Corte Madera
County of Marin
Kentfield
Larkspur
Marinwood
Mill Valley
Novato City
Novato FPD
Ross
Ross Valley
San Rafael
Sausalito
Tamalpais FPD
Tiburon City
Tiburon FPD
TOTAL
Any non participatory agency shall be responsible for all costs incurred by
the Haz Mat Response Team.
C. Pursuant to the requirements of Section 6505.5 of the Government Code
San Rafael Fire Department is designated to be the Treasurer, the depository and to
have custody of all funds from whatever source and to perform the following functions:
a. Receive and receipt all money for the Hazardous Materials
Response Unit and place it for credit of the San Rafael Hazardous Material Fund.
SECTION 7. Amendment
Non substantial amendments may be made by two-thirds (2/3) vote of the Marin
County Fire Chiefs' Association.
SECTION 8. Notices
All notices required or given pursuant to this Agreement shall be made by
depositing same in the U.S. mail, postage paid, and addressed as follows:
Hazardous Materials Response Unit, c/o San Rafael Fire Department, 1039 C
Street, San Rafael, CA 94901.
SECTION 9. Hold Harmless
Each party shall indemnify and hold each other party harmless from and against
all loss, cost, expense, actions or liability occasioned by or arising out of the negligent
acts, or negligent failure to perform under the authority of this Agreement by each other
party's employees or its agents or contractors.
The tort liability of the Authority shall be controlled by the provisions of Division
3.6 of the Government Code.
The foregoing constitutes the full and complete Agreement of the parties. There
are no oral understandings or agreements not set forth in writing herein.
IN WITNESS WHEREOF, the parties have executed this Joint Powers
Agreement as of the day and year first above written.
AGENCY
By
ArrEST:
T/eM M, j
....:---
MEMORANDUM
TO:
PARKS & OPEN SPACE COMMISSION
NOVEMBER 14, 1995
FROM: HEIDI MCVEIGH, SECRETARY
SUBJECT: AGENDA ITEMS
1. BLACKIE'S PASTURE - FENCING AROUND OVER-FLOW PARKING LOT
The Commission considered this matter at their regular meeting of October 10, 1995, As
plans and information were submitted to the Commission that evening, the Commission
felt they did not have adequate time to consider the proposal. The Commission continued
the matter to their November meeting and scheduled a site visit with members of the
Brigade and Town staff. The site visit was held on Wednesday October 18,
The Brigade is proposing to construct 570 lineal feet of 3-1/2' high fencing, (Exhibit 1
indicates location of fencing), The fencing will be 4" X 4" posts set 8' apart with two 2" X
6" rails, Fencing materials will not be painted, The Brigade indicates this fencing is
needed to keep vehicles out of the center pasture area, The fence will have gates which
can be opened to allow parking in the center pasture area on occasions when needed.
2. BLACKIE'S GARDEN
This item is a proposal by Blackie's Brigade for landscaping the island area between the
service road and multi-use path, Exhibit 2 is the proposed landscape plan and planting list.
Exhibit 3 is the Assistant Sup!. Of Public Work's comments on the plan,
a
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TOWN OF TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
Heidi McVeigh
Dave Davenport
"Blackie's Garden" Maintenance Requirements
November 9, 1995
Upon reviewing the plans for "Blackie's Garden" at your request, I have the following
comments:
1, No irrigation system is detailed on the plan, Who will install the drip system and
who will pay for parts and labor?
2, We understood that a barrier to traffic was to be installed around the perimeter.
This is also not on the plan,
3, Can We expect any commitment of volunteer labor to assist with weeding, raking
of the D, G, Path and trash pick up?
The planting plan consists of drought-tolerant, low-maintenance perennials, but
because of the heavy use this area will receive, it will require approximately two hours
per week to maintain properly, As you know, our Parks & Open Space staff consists of
two people with a full schedule currently, The addition of Blackie's Pasture and
landscaping will severely stretch our ability to provide the current level of service, Any
volunteer labor would be a great help,
6/cu<k.. r:[b?<?1~T
- 1/ ~1f
Dave Davenport
Assistant Superintendent
Public Works
TOWN OF TIBURON
STAFF REpORT
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
STREETS IMPROVEMENT PROGRAM - PARCEL TAX
November 15, 1995
ITEM NO, -:;
BACKGROUND
In March, 1994, IMS (Infrastructure Management Services) conducted a survey of
Tiburon's streets, providing the Town with information and recommendations for their repair.
IMS determined that 18% of our pavement area was in need of reconstruction and the 40% was
in need of overlay within the next five years,
The Town receives approximately $150,000 in gas tax each year for street repair. The
Town Engineer has estimated that a supplemental expenditure of$500,000 per year for five years
would be necessary to get caught up on the worst 55% ofTiburon's streets. Once caught up, the
street system can be maintained in a more timely manner to avoid future back-logs of deferred
work.
RECOMMENDATION
Tiburon's street situation requires immediate attention, In July 1995 the Town Council
agreed that a parcel tax ballot measure in March 1996 should be considered, Council has already
implemented a two-year (FY95-96 and FY96-97) street repair program budget utilizing Tiburon's
existing gas tax reserves and future gas tax funding, This will enable the Town to maintain our
streets in a "holding pattern," however, the long-range repair needs are critical and can only be
addressed by major additional funding, It is not possible to consider funding of these major repair
needs from the Town's current general fund revenues or reserves, This would only result in
severe reductions in the Town's municipal services,
Therefore, it is recommended that Council pursue a special parcel tax earmarked
specifically for street repairs as follows:
1) $140 per year per parcel for five (5) years on a "pay as you go" basis;
or
TOWN COUNCIL
Page 2
November IS, 1995
2) Approximately $101 per year per parcel for ten (10) years utilizing bond financing,
It is essential that Council provide staff with appropriate direction concerning this matter
at this time to enable the issue to be placed on March 1996 ballot for consideration by the Tiburon
voters, It will require a two-thirds vote for passage and the appropriate ballot wording must be
submitted to the County Elections Department by December 29. 1995,
Because of the significant importance of this matter, the relatively short time frame prior
to the March election, and the need to properly educate the community, it may be necessary for
Council to consider certain additional meetings which focus specifically upon this issue.
R.L. Kleinert
Town Manager
EXHIBITS
1, Town Council Minutes Excerpt dated 7/19/95
c
~
I
l
Council member Thayer said he thought that Angel Island was a tremendous asset to the
community and hoped it would stay open in light of many State Parks facing closure,
14, Streets Repair and MailJtena~~~~ Finance Director Stranzl gave the staff report
outlining several funding proposals for street repair. He said the $200,000 allocated in the next
fiscal year budget would not cover all the repairs and additional funding was needed,
Council members Ginalski and Nygren proposed the creation of Benefit Assessment Districts to
handle specific streets in specific areas. .
Council expressed concern about putting a ballot measure forward that would compete with the
new library and open space bonds,
Town Engineeer Mohammadi said the life expectancy of a new road was approximately 20 years,
Council member Thayer said the 5.year, Pay-as-You-Go proposal put forth by staff was the least
costly, Councilmember Wolfsaid if the repairs were not made now, they would cost more later.
Council agreed that the 5-year parcel tax with pre-payment option and 10-year plan were the best
choices for the March election, but that a back-up plan should be considered,
J. COMMUNTCA nONS
17, Council noted the letter from Hilarita regarding partial repayment ofloan to the Town and
invitation to Celebration on July 29,
Mayor Thompson adjourned the meeting in memory of AI Sennett, whom he said had worked
hard for the preservation of the Tiburon Ridgeline and reminded Council of the celebration for the
Jay Property Open Space acquisition on Sunday,
Council adjourned to Closed Session at 11:12 p.m,
There being no further business before the Town Council of the Town ofTiburon, Mayor
Thompson adjourned the meeting at 12:20 a,m. sine die,
ATTn~L_
DIAl'<E L. CRA0:E. TO\\'0: CLERK
..\0:DRE\\' THO\IPS00:, \1..\ Y
TOWN COU0:CIL :--Il0:UTES i; I 059
July 19, 1995
7
TOWN OF TIBURON
STAFF REpORT
ITEM NO, r
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
CONSTRUCTION HOURS ORDINANCE
November 15, 1995
BACKGROUND
Town Ordinance currently states that "work shall not be performed on Sundays or
holidays recognized by the Town ofTiburon," The Town recognizes a total of 12 official
holidays annually, however, for some of those holidays, the Town remains open,
Of these holidays, the Town has always considered six (6) to be of major significance
(Fourth of July, Labor Day, Thanksgiving, Christmas, New Year's and Memorial Day), and the
Construction Hours Ordinance applies to these holidays, For the remaining six, Staff recommends
that the Town's Construction Hours Ordinance should not apply,
RECOMMENDATION
I) That Council, on an interim basis, support enforcement of the "no construction"
ordinance provisions for the six (6) major holidays;
2) That Staff proceed to amend that section of the Municipal Code to indicate that the
Construction Hours Ordinance is applicable to these six (6) major holidays,
R,L. Kleinert
Town Manager
EXHIBITS
I, 1995/96 Holiday Schedule
2, Muni Code Section 13-6, "Hours of Construction"
MEMORANDUM
TO:
FROM:
ALL TOWN PERSONNEL
HEIDI McVEIGH ~ct....~
JUNE 19, 1995
SUBJECT: 1995-96 HOLIDAY SCHEDULE
HOLIDAY DATE OBSERVED
Independence Day
July 4 (Tuesday)
Labor Day
September 4 (Monday)
September 9 (Floating Holiday)
Admissions Day
Columbus Day
October 9 (Observed Day
After Thanksgiving)
Veterans Day
November 11 (Saturday)**
Thanksgiving
November 23 (Thursday)
November 24
Christmas
December 25 (Monday)
January I, 1996 (Monday)
January 15 (Monday)
February 12 (Floating Holiday)
February 19 (Monday)
May 27 (Monday)
New Year's Day
Martin Luther King Day
Lincoln's Birthday
Washington's BD (Presidents' Day)
Memorial Day
**Rule IX. section 1. Town Personnel Rules and Requlations: When
a holiday falls on a Saturday, Employees shall receive an extra day
off which will be added to their accumulated vacation leave. When
a holiday falls on a Sunday, the following Monday shall be
observed.
I
Article III. Development Standards.
See. 13-5.
Construction in Flood Hazard Zones.
Refer to Chapter 13A of the Tiburon Town Code for regulations
concerning construction in flood hazard zones.
See. 1.3-6.
Honrs of Constrnction.
, A. Generally, all work covered by a permit issued under this Chapter shall be
performed only between the hours of 7:00 a.m. to 5:00 p.m., Monday
through Friday, and 9:30 a.m. to 4:00 p.m. on Saturday. Work shall not
be performed on Sunday or on holidays recognized by the Town of.
Tiburon.
B. The arrival or departure of heavy equipment (such as graders and
backhoes) and the delivery of heavy construction material (such as lumber
and concrete) to a work site shall occur only between the hours stated in
Section 13-6A. Hours of operation, maintenance, and servicing of heavy
equipment shall be limited to 8:00 a.m. to 5:00 p.m., Monday through
Friday. If already located on-site, heavy equipment may begin 'warming
up. at 7:30 a.m.
C. Exceptions. The following exceptions shall apply:
I. The limitations in Section 13-6A shall not apply when work covered
by a permit issued under this Chapter does not result in
unreasonable noise or other impacts on surrounding properties.
Unreasonable noise produced outside of the days and hours stated
in Section 13-6A may be considered a disturbance of the peace
subject to police enforcement.
2. The limitations in Sections 13-6A and 13-68 shall not apply in the
following instances:
a. When prior to the commencement of any work covered by a
permit issued under this Chapter, the Town Manager grants
written permission to perform work outside of the prescribed
hours.
b. When work is necessary in an emergency situation to remedy
or prevent damage to persons or property.
8
TOWN OF TIBURON MEMORANDUM
Ik (,1 M?, 1
Date:
November 10,1995
To:
Subject:
TOWN COUNCIL
TOWN MANAGER
FUNDING OF 1ST PHASE OPEN SPACE ACQUISITION OF THE
HARROMAN PROPERTY
From:
Back!!round:
The Town is committed, as its pro-rata share, to provide $500,000 toward the first phase acquisition efforts
to purchase a portion of Harroman open space property.
Sources of Fundin!!:
The Open Space Acquisition Fund is nonnally the sole source for open space acquisition efforts, however, at
this time the Fund's current balance is $483,000, thcrefore additional funding in the amount of$17,000 will
be required to implement the purchase agreement.
Designated Reserves of the Town's General Fund are a possible funding source for the remaining $17,000
shortfall. The General Fund Capital Outlay Reserve currently has a balance of nearly $50,000 - of this
.amount approximately $20,000 is available for transfer to the Open Space Acquisition Fund,
The Town anticipates receiving nearly $50,000 from the Bclvedere- Tiburon Landmarks Society for the sale
of the Derryberry lot adjacent to the Jay Propcrty, This will offset the loss of funds from the Capital Outlay
Reserve Fund, and provide limitcd funds for the restricted Open Space Acquisition Fund,
Recommendation:
Staff recommends utilization of $17,000 in General Fund Capital Outlav Reserves for the open space
acquisition purposes referenced above, Upon approval by the Council thcse funds will be transferred from the
Capital Outlay Reserve to the Opcn Space Acquisition Fund in order to provide the necessary funds to be
placed in escrow,
I
TOWN OF TIBURON
STAFF REpORT
To: TOWN COUNCIL
From: TOWN MANAGER
Subject: TOWN COUNCIL REORGANIZATION - POLICIES, PROCEDURES, AGENDA
FORMAT & FUTURE MEETING REQUESTS
Date: November IS, 1995
ITEM NO, /0
1. TOWN COUNCIL ASSIGNMENTS
Councilmembers should review the attached list of current Council appointees to the
various local organizations, agencies, and committees, Any proposed changes of the Town's
appointees, either delegates or alternates, should be determined as soon as possible, This includes
MCCMC appointments,
In regard to the Town Council's standing committees, I recommend that these be
abandoned and ad hoc committee appointments of councilmembers (2) be utilized in the future
whenever an issue (legal, land use, finance, etc,) requires additional consideration,
2. ESTABLISHING ADJOURNMENT TIME FOR TOWN COUNCIL
MEETINGS
There has been interest expressed in establishing an 11:00 p.m, adjournment time or goal
for Town Council meetings, Other Marin agencies have adopted such a policy or procedure, If
Council so desires, the staff should be directed to prepare such a document for Council's future
consideration and adoption,
3. TOWN COUNCIL AGENDA FORMAT
It is recommended that the section called Council. Commission or Committee Reports be
moved towards the end of the Town Council agenda, These reports are generally intended for the
Town Council, they are informational in nature, and should not cause undue delay to the other
action items before the Councilor to the public,
4. TOWN ATTORNEY SELECTION PROCESS
It is recommended that Council consider scheduling a closed session for either Monday,
November 27, Tuesday, November 28, or Thursday, November 30 for the purpose of
TOWN COUNCIL
Page 2
November IS, 1995
interviewing the final four candidates for the Town Attorney's position, It is anticipated that this
session would occur in the evening, from approximately 7:00 to 10:00 p,m,
5. TOWNIMAPE MEMORANDUM OF UNDERSTANDING
It is recommended that Council consider scheduling a closed session prior to the
Wednesday, December 6 regular Council meeting for the purpose offinal discussion and
consideration of the TownlMAPE MOV provisions.
R.L Kleinert
Town Manager
EXHIBITS
I, 1995 Town Council Appointees to State and
Local Agencies and Committees
TIBURON TOWN COUNCIL
(l995)
I. STATE. LOCAL & REGIONAL AGENCIES
(Appointee & Delegate)
1. LEAGUE OF CALIFORNIA CmES
Nicky Wolf - Delegate
Mark Ginalski - Alternate
2. COUNTYWIDE PLANNING AGENCY /CONGESTION MANAGEMENT
Karen Nygren - Delegate
Andrew Thompson - Alternate
3. ABAG
Andrew Thompson - Delegate
Mark Ginalski - Alternate
4. COMMUNITY DEVELOPMENT BLOCK GRANTCOMMI1TEE (CDBG)
Jerry Thayer - Delegate
Nicky Wolf - Alternate
5. RICHARDSON BAY REGIONAL AGENCY
Andrew Thompson - Delegate
Nicky Wolf - Alternate
6. MARIN HAZARDOUS & SOLID WASTE JPA
Karen Nygren - Delegate
Jerry Thayer - Alternate
7. FIRE CONSOLIDATION STUDY
Jerry Thayer - Delegate
Nicky Wolf - Alternate
II. STANDING COMMITfEES
1. FINANCE & ADMINISTRATION
Andrew Thompson
Nicky Wolf
2. PUBLIC SERVICES
Karen Nygren
Jerry Thayer
3. LANDS & DEVELOPMENT
Karen Nygren
Jerry Thayer
4. LEGAL
Mark Ginalski
Jerry Thayer
Ill. MCCMC APPOINTMENTS
Elected by MCCMC
1. Marin Economic Commission
Andrew Thompson
Aopointed by MCCMC President
1. MCCMC Lel:islative Committee
Nicky Wolf
2. Marin County School Board Association
Karen Nygren
Aooointed by MCCMC City Selection Committee
1. ABAG Executive Board
Andrew Thompson (Alternate)
2. LAFCO
Jerry Thayer
3. Marin County Transit District Board of Directors
Karen Nygren
4. CAL-ID Remote Access Network
Jerry Thayer
Town AODoinlments to MCCMC
1. CATV - Joint Powers Authority
Mark Ginalski
2. Hazardous & Solid Waste IPA
Karen Nygren
3. North Bay Division - LCC
Nicky Wolf
4. Marin Community Foundation
Karen Nygren
.
I~ J/o.
/1
,~
11/87/1995 13:58
4154996103
LAFCO
PAGE 81
Office or Cour.
Co.
INTER-OFFICE M
TO:
Dawn MiIUeman, Executive Officer
.. '7o.3-.:J~6~
....
PROM:
DATE:
TIIomu O. Hendricks. County Counm
October 30, 199.:5
copy
RB: LAPCO'" Dual Ann~Jltian Po!ictY
You have recently reque.sted the opinion of this office on the issue of the effect,
ifany, of Ihe 9th Circuit Court of Appeal's deeision Jlu<<.", v, City of Portland (August 18,
1995) 9S C.D.D,S. 6517 on the Dnal Anne,ation policy of the Marin County l.o<:llI Agency
Pormatlon Commi.lJPon.
In our opinion, t~ deCiSIon has no effect upon that policy.
As you know from our prior opiniOns, the Government COde aUll10rlzu but C10es
nul l"CCluir. \hat ..~C' Loc;d Alene]" Purmat.iot'l Commbslon develop a dual anne:xatJon policy. The
operatiun ur that policy, iid.:li I undc:r"la.m..l it. is that if JW.1lucipal type .servicC.I are desired by
property owners, not only must that properly be annexed to the entity which provides that
~ic.c, but also wh~ they aRI m-.ln.icipaJ boundilClc:s involvod, tho. p.ropon)' mlolu be annox.od
to tne munictpallCy u well.
The decision in Hu~,,,v SIIDTa, involved a determination by the Environmental
Quality Commission of the State of Oregon that the City of Portland must provide sewer services
to residents inside and outside of city boundaries, the s<Kalled "mid-county' area. The City of
Pcrtl3l1d decided to offer connection to it. sewer system at a rC(!uced charge to those who signed
irrevocable consents to anneJr;ation. Under Oregon law, the annexations must be approved by
the Oregon Boundary Commission (apparently the Orej;on equivalent ofLAFCO), as well as the
majority of the electors and landowners in the territory to be annexed. An elector and
homeowner outside of the City hilt in the affected area brought an aClion in Federal Court for
vlollldon of his civil right.., The trial court jlrnnled summary judgrncnllO the City of Por'J.....d
.ana Ule il'Ul ClCCult Coun or ^ppeal31 revcrxx:1.
The Court of Appeals held that the nlthl to the electoral proceu was fundamental
and thctefore subject to strict scrJtiny, See Hamer v Vlr~iDla Board of Elections (1966) 383
U.S. 663. The CQurt held that the c.onscnt baKd on a 5ubsidy was substantially ~q\.,iva)~t tt")
a vote and bccausllt the Portland Ordinance wa3 not narrowly dr-dwn to advance the State interest
f')f compc\ling "npurtancc, it must bU.
20 'rl
?022mL 'ON XII.'
NOISI^ra ll1D31-0ndO
6!:21 Q3M G6-GO-^ON
,
,\
11/e7/1995 13:58
4154996W3
LAFCO
PAGE e2
At the date of this writing. ! do not know if the City of Portland Is seeklng
certiorari to the United States Supreme Court. Ilowever, in my opinion, it is clearly
distinguishable in terms of the facts from tile dual3l1n<=xation policy of your Commission. First
and foremost, there is no attempted 'bribe of property owners and ejectors" to favor or disfavor
a change of boundaries by means of a subsidy. Secondly, even if it could be argued tllat the
dual annexation policy falls afoul in SOme way not evident to this aut.~or of !he right to VOle on
a change of boundaries, tlill policy of the Stale of California annunciated to advance a state
Intetest of compelling importance, as articulated in S~on 56001 of the GOVernment Code. The
Section is attached for your convenience.
There are numerous other lep! bases for distinguishing tlie Hussey suora, case
from the dual annexation policy, but the p:imary reason, as previously indicated, is that tile right
to vote is nOllnvolved In tlie dual annexation policy, and even if it were, the StJlte Declaration
of Orderly Development of Urban Areas ap;>ea1's to advance a state interest of compelling
importance. See Nonnllll v, R~ (1992) SOl U.S. 279.
Please let us know if we may be of further service in !his mater.
'fUH;cls
~
~ "'" c..--oo..
THOMAS O. HENDRICKS
Encl.
.;....'l.A~I.-l
EO 'd
c9ccEOL 'ON X\;I.:l
NOISI^IG 1~~31-0ndO
Oc:cl G3M S6-80-^ON
.
13:58
QOVEIlNIolENT CODE
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:M A.orCllnIMtlDn" . . 57300
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t Iii....,. fOfltm dlItl4cta, applbtWn
,ad ~..raI Codl, , IiiOJ.
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415499G1a3
LAF'CO
GOVERNlIIENT CODE
t 56001
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NMM d.lltllt\. ,",.f wfi.lIlul't ll~ ,"d d~("t.r., 1"111
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tlan ~ Chnv &trvIt~ AI.. Ii,_ 14 ItICl to"'" A. ..",II II
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tM CO\'tf'tlln.' CMfl. T'ht I....plltul'f '1Ir1t-p, ~,,4'l~
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at l:qull1u\ioft I. f1fCflUf')' to ~g""r.1rl1ll !luIt rJP'r'It'tJJ,"
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LotI! ^,~q fll'nNOOII Corr-'ft at rn-,n, ("(""'." IA",I' rr
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UIU:" tl\at pt!'tOft. Ii,;n, In fft(lnm. 1Wttb.llt a"y elJ
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EZ:Zt G3M 96-S0-^ON
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
MEETING DATE: NOVEMBER l5, 1995
FROM:
JA YNI ALLSEP ITEM NO: 6
CONTRACT PLANNER
SUBJECT:
PLANS FOR CONSTRUCTION OF TWO DWELLINGS AT
1860 CENTRO WEST
APPLICANT:
DAVID AND DIANE WILLIAMS
BACKGROUND:
On June 6,l995, the Marin County Superior Court issued a peremptory writ of mandate requiring
the Town to set aside its findings related to the Williamses' application for design review and
approve the application that was submitted by the Williamses on June 26, 1990. As a means of
oomplying with the writ of mandate, an agreement between the Town and the Williamses has been
executed which requires certain alterations to the June 1990 plans, to be reviewed by the Town
Council (please see attached" Agreement").
Per items 5 and 6 of the Agreement, the Williamses are to have detailed plans drawn up reflecting
the proposed alterations, and the Town Council is to have an opportunity to review the detailed
plans.
The Williamses submitted revised plans on September 26, 1995. These plans were reviewed by
the Town Council on October 4, 1995. At that meeting, the Town Council determined that the
plans submitted on September 26, 1995, did not provide sufficient level of detail in certain
respects to fulfill the intent of the Agreement (please see attached minutes and transcript of
10/4/95 Town Council meeting).
ANALYSIS:
Since the October 4, 1995, Town Council meeting, the Williamses have submitted additional
information to clarify certain aspects of their plans. In addition, they are proposing changes to
their plans in order to address concerns expressed by the Council at the October 4th meeting.
These changes are outlined in their letters dated October 10 and October 16. 1995. Note: with
one exception (section cut locations shown on the site plan), none of the additional information
and proposed changes are reflected on the plans that have been submitted to the Town. Instead.
the Williamses have gradually submitted the additional information in the form of letters and
exhibits over the past several weeks. The following is a listing of the additional information and
proposed changes to the plans that have been submitted to date.
ADDITIONAL INFORMATION PROVIDED:
SurveylProperty Line Discrepancy - The Williamses have submitted a letter from Linda
Carruthers, Licensed Land Surveyor, dated October 3, 1995. In addition, a copy of the recorded
survey has been submitted. The property lines depicted on the site plan agree with those shown
on the recorded survey.
Proposed Fences - Additional information regarding the proposed fences is provided in the
Williamses October l6 letter. The letter indicates that the vertical rail fence will be six feet in
height along the perimeter, and four feet in height where it runs between the two residences. A
specification sheet has been submitted, whi~h provides a small illustration of the fence.
Regarding the fence alignment, the October l6 letter indicates that the proposed fence is clearly
marked on the plans. However, based on the notes on the site plan, it is still not clear where the
fence begins and ends, and whether fencing is proposed on the east and west property lines
adjacent to the north residence.
Retaining Walls - The Williamses have submitted a letter from Dennis Furby, Engineering
Consultant, dated October 16, 1995, which indicates that a series of curved and straight retaining
walls varying from approximately two to nine feet high are proposed to create level, terraced lawn
and patio areas downslope from the residences. In addition, the Williamses have submitted a
material sample sheet which indicates that the retaining walls will be constructed of split-faced
concrete.
The Town's Zoning Ordinance limits the maximum wall height within a yard setback to six feet,
unless a Variance is granted. In their October 16 letter, the Williamses indicate that they will
amend their plan so that retaining walls within the setback area will be no higher than six feet.
Staff recommends that the Williamses submit a revised plan to show how the reduction in retaining
wall height will be accomplished, and that the revised plan be reviewed by their engineering
consultant to ensure that it is both feasible and appropriate.
Cut and Fdl- The Williamses indicate in their October l6 letter that their engineer estimates that
the project will have a balanced cut and fill. No additional information regarding the amount of
grading and earthwork is provided.
Driveway Location of North Residence - Regarding safety concerns of the driveway/garage
location of the north residence, the revised plans conform to the requirements outlined by the
Town Engineer in a letter dated January 2l, 1991. This letter indicates that the distance between
the defined edge of pavement should be a minimum of 22 feet (20 feet, plus a 2-foot shoulder)
measured at the center of the driveway. The September 1995 plans show that the garage is set
back 30 feet from the edge of pavement. The Williamses have submitted a memo from the
Tiburon Police Department, dated January 31, 1995, which relates to this issue.
2
Exterior Lighting - The Williamses have attempted to clarify the type and location of proposed
exterior lighting by providing the attached sheets showing the types of proposed fixtures, along
with notes regarding their location. In their October l6 letter, the Williamses indicate that "all
lights, except for the pool lights, are building mounted or mounted on the beams supporting the
driveway and pointed down to light the front walkway." The letter further specifies that all lights
will be low-voltage, accept a maximum of 75 watts, have glare control, and be down lights or
recessed can lighting. However, it does not appear that all of the proposed fixtures conform to
these specifications.
Reflectivity of Copper Roof Elements - Per their October l6 letter, the Williamses have
indicated that all copper accents will be oxidized copper, not shiny.
Skylight - Per their October l6 letter, the Williamses have indicated that the skylight will be
recessed three feet from the top of the turret' in order to avoid reflection/glare impacts.
PROPOSED CHANGES TO PLANS SINCE OCTOBER 4 TOWN COlJNCrr, MEETING
To address concerns regarding contrasting styles and colors of the proposed residences, the
Williamses are proposing the following changes:
North Residence:
. Blue trim changed to natural wood (per October 10 letter).
South Residence: Eliminate most obvious Southwest design features, as follows:
Changes are per October lO letter:
. Round 8-inch logs are to be replaced with square beams.
. Eliminate log trellis over the family room deck and the half-logs between the windows
(north elevation).
. Color changed from light cream to darker earthtone.
. Window frame and mullions changed to dark blue (sample provided).
. Light blue trim changed to natural wood color.
. Wood handrails eliminated on wood deck railings.
Changes are per October l6 letter:
. Light green front door and dark green trim in 1990 plan changed to natural colored wood.
. All trim other than window trim changed to natural wood color.
Landscape Plan:
Per the letter submitted by the Williamses, dated October 10, 1995, the following changes to the
landscape plan are proposed:
. Two birch trees to be replaced with red maples.
. Three Coastal redwoods along east property line of the north residence deleted.
. Remaining redwoods to be replaced with Alnus rhombiflora (White Alder).
3
The Sunset Garden Book indicates that the White Alder is a deciduous tree that is "very fast
growing to 50-90 feet, with 40-ft. spread." Due to its fast growth rate and mature height, it
would fall into the undesirable tree category per the Town'F Tree Ordinance. In their letter dated
October l6, 1995, the Williamses have changed their replacement tree to an Italian Alder, a
variety that is not as large and fast-growing.
RECOMMENDATION:
Per the Agreement, the Town Council's review of the plans are limited to design features that are
changes from the June 1990 plans and only if those changes would create "some negative impact".
Therefore, the Town Council's review should focus on the design features that are changes from
the June 1990 plans. Staff will provide an overview of the changes to the design features at the
meeting and comment on possible negative impacts.
Per the conditions of the Agreement, Staff recommends that after receiving the Staff presentation
and public comments, the Town Council: l) consider whether the design changes would create
a negative impact; and 2) if the Town Council finds that the design changes would create a
negative impact, request that the Williamses present suggested "compromises" that address these
negative impacts. Any suggested compromises would be considered at the next scheduled Town
Council meeting, per the conditions of the Agreement.
EXHIBITS:
l. Agreement between David and Diane Williams and the Town of Tiburon.
2. Minutes of the October 4, 1995 Town Council Meeting.
3. Letter from David and Diane Williams, dated October 10, 1995.
4. Letter from Linda Carruthers, Land Surveyor, dated October 3, 1995.
5. Letter from David and Diane Williams, dated October 16, 1995.
6. Letter from Dennis Furby, Consulting Engineer, dated October 16, 1995.
7. Memo from Tiburon Police Department Re: Driveway Improvements,
dated January 31, 1991.
8. Fence Specifications, submitted October 25, 1995.
9. Exterior Lighting Specifications- North Residence, submitted October 31, 1995.
lO. Exterior Lighting Specifications-South Residence, submitted October 31, 1995.
11. Plans submitted June 1990.
l2. Revised Plans date-stamped September 26, 1995.
(Includes site plan showing section cuts, last sheet)
4
0(
(
(
AGREEMENT ..
This Agreement is made and entereq i~to as of ~i}(! ~:y of August, 1995, by
and between the Town of Tiburon (Tiburon) and David and Diane Williams
(Williamses).
RECITALS
On June 6, 1995, in Williams v. Tiburon, Marin County Superior Court No.
15143l, the California Superior Court. in Marin County issued a peremptory writ of
mandate requiring Tiburon to set aside its findings related to the Williamses'
application for design review and approve the application that the Williamses submitted
on June 26, 1990. As a means of complying with the writ of mandate, Tiburon and
the Williamses agree to the following.
1. Tiburon and the Williamses mutually waive any right to an appeal of the
trial court's decision on the merits.
2. Tiburon will approve a condominium conversion permit for the Williamses'
structures in exchange for the Williamses giving Tiburon the option to approve a
structure smaller than the June, 1990, plans. This permit shall be approved by the
Town Council]. The condominium conversion is not contingent on any particular
design features ultimately being accepted.
3. Tiburon will waive the condominium conversion fee of approximately $650.
4. The Williamses will alter their June 26, 1990, design and present those
alterations to Tiburon, reducing the total square footage by over l,OOO square feet.
The alterations will include but not be limited to the following.
EXHIBIT No.L
,.
~
(
(
NORTH BUILDING
a. Center tower reduced in size an~ puIled into the;building.
b. Smallest tower reduced by half.
c. Reduce family room square footage.
SOUTH BUILDING
d. Reduce footprint.
e. Eliminate two rooms.
GENERAL
f. Reduce two pools to one pool with attached warm water spa for one
structure and warm water spa for other structure.
g. Eliminate center structure (storage area connecting buildings).
5. The Williamses will have detailed plans drawn up pursuant to their
alterations. The Williamses and Tiburon planning staff will cooperate to design a story
pole plan to depict changes to the footprint from the June, 1990, design while limiting
the number of poles to something less than what was originally required.
6. Tiburon's Town Council will have an opportunity to review the detailed
plans, but its review will be limited as foIlows.
. At the first review, Tiburon may reject design features only if those features
are changes from the June, 1990, plans and only if those changes would create some
negative impact. Tiburon may not reject design aspects that the Williamses had not
changed from their June, 1990, plans, and Tiburon may not reject alterations to the
June, 1990, plans that have no negative impact.
.
(
(
"
. At the second and final review (if necessary), the Williamses will present
suggested compromises to address any negative impacts citcil by Tiburori at the first
review. The Williamses will not have a second set of plans drawn, but will simply
present the compromises in written format. Regarding the compromised design
features (and only those features), Tiburon will then have the option of choosing the
Williamses' suggested compromises or the Williamses' initial alterations to their June,
1990, plans.
7. Tiburon agrees to conduct its initial review at the first Town Council
meeting after receipt of the altered plans. If necessary, the second review will occur at
the next meeting.
8. The Williamses will be required to obtain a building permit for the approved
design prior to commencing construction. Issuance of the building permit will be
subject to all standard requirements (including fees for such permits).
Signed and acknowledged as follows:
Dated:~, 1995.
TOWN OF TIBURON~
By:~A "
Robert Kleinert -
Manager, Town of Tiburon
"
Dated:LL,?/d ,1995.
r&/IO, / f'P5
DA VID AND DIANE WILLIAMS
1 ^ 1//
By: . ' l '- C'<.-:: ,.( ( (, \'f (/ ( C;:, 'C.? ,...:--/
c;'ane WjQiams
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