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Home My WebLink AboutTC Agd Pkt 1996-09-18 (2) I - TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1101 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: SEPTEMBER IS, 1996 7:30 P.M. 7:00 P.M. PLEASE NOTE: In order to give all interested persons an opportunity to be heard. and to ensure the presentatlon of all points of view, members or the audience shouk!: (1) AlWays Address the Chair, (2) Stale Name and Address; (3) Stale VIews Succinctly; (4) Umk Presentsllons to 3 minutes; (5) Speak Directly into Microphone. In cornpijarx:e with the Americans with D_ Act. If you .- speclal.ssislance to participate in lhia meeting, please contact Town Hall (415) 435-7373. NotiflClltion 48 haulS prior to the meeting will enable the Town to make reasonable anangemenls to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II] PUBLIC FACILITIES FINANCING AUTHORITY A. ROLL CALL B. APPROVAL OF MINUTES 1) MINUTES OF SEPTEMBER 4, 1996 MEETING - (Approval) (To be submitted) C. BUSINESS MEETING 2) 1996 AUTHORITY REFUNDING BONDS - Appointment of Officers - (Resolution) D. ADJOURNMENT TOWN COUNCIL A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) C. PUBLIC OUESTIONS AND COMMENTS Please confine your comments during this pOrlion of the agenda to mailers 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 to three (3) minutes. Mailers requiring action will be referred to the appropriate Commission, Board, Committee or Staff/or consideration and/or placed on a future meeting agenda. D. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 1) MARIN COUNTY SOLID WASTE JP A - (Appoint Task Force Representative) E. COUNCIL. COMMISSION & COMMITTEE REPORTS 2) AYALA DAY CELEBRATION - (Councilmember Hennessy) 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 parlicular item. Any member of the Town Council. Town Staff. or the Public may request removal of an item for discussion. 3) APPROVAL OF MINUTES - August 7,1996 (#1094); September 4,1996 (#1096) 4) APPROVAL OF GRANT OF EASEMENT TO LmRARY AGENCY - (Resolution) 5) POLICE STATISTICS (1991- 1995 and January through June, 1996) G. UNFINISHED BUSINESS 6) VlACOMfTCI - (Discussion of Service Area Extensions) 7) OLD LANDING ROAD ANNEXATION ISSUE - Consider one-year extension of time for further discussion with OLRAD and Paradise Drive residents H. PUBLIC HEARING 8) APPEAL OF ADMINISTRATIVE DECISION TO ISSUE BUILDING PERMIT FOR 185 GILMARTIN DRIVE - Harvey and Lee Poppel, Appellants, 147 Gilmartin Drive A Consideration of Appeal of Building Permit Issuance to Petr Kiritchenko, Applicant, for 185 Gilmartin Drive B. Ratification of Policy of the Town Planning Department to Extend Design Review Approval Under Limited Circumstances relating to Internal Processes - (Resolution) 9) CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) - (AB3229 Proposed Allocation of Grant Funds) I. NEW BUSINESS 10) NEW TOWN HALL CONSTRUCTION PROJECT - A. Status Report by Project Management Team B. Consideration of Proposed Change Orders as Recommended by Project Management Team C. Staff Comments and Recommendations D. Donations of Art Objects 11) ELEPHANT ROCK REPAIRS - (Review Town Engineer's Proposed Improvement Plans) 12) 1996-97 TOWN BUDGET PROGRAM- A. Salary & Benefit Adjustments (Non-Represented Employees) B. General Fund Transfers & Reallocation of Reserve Funds C. Reclassification of Building Secretary Position and Compensation Adjustment D. New Police Facility J. COMMUNICA TIONS K. STAFF & TOWN MANAGER-REPORTS L. ADJOURNMENT Future A 'Zenda Items - DOWNTOWN FERRY DOCK REALIGNMENT - (Review Town Engineer's Conceptual Plan) - (October 2) Heritage & Arts Commission Proposal for Temporary Outdoor Art Exhibit at Shoreline Park - (October 16) Senior Housing Advisory Committee - Revised RFP Corinthian Island Steps - (November) Future Activities - AYALA DA Y- October 19. South of the Knoll Park NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL DATE OF MEETING: SEPTEMBER 18. 1996 TIME OF MEETING: 7:00 P.M. NO. 17-1996 Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a Closed Session. More specific information regarding this meeting is indicated below: 1. CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Agency Negotiator: Ann Danforth Employee Organization: TPA (Tiburon Police Association) 2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9a) Name of Case: The lnnisfree Companies, a California Corporation v. The Town of Tiburon - (Marin County Superior Court No. 168505) ':' 0.1::1-"-.. J-~b l'-j ,~ ~ ",un ~, ! '-'l"<:...... ,_' RESOLUTION NO. rP p' f'/~ ~ '~'~7t ": :/ / l-"- ; ---- Dn ': r-1 i\.Ar - j RESOLUTION APPOINTING OFFICERS 1996 AUTHORITY REFUNDING BONDS The Board of Directors of the Tiburon Public Facilities Financing Authority resolves: This Board appoints the Mayor of the Town of Tiburon as Chair of the Authority; the Vice Mayor as Vice Chair; the Town Finance Director as Treasurer and the Town Clerk as Secretary. * * . PASSED AND ADOPTED at a regular meeting of the Board of Directors of the Tiburon PUblic Facilities Financing Authority on September 18, 1996, by the following vote: AYES: Boa rdmembers NOES: None ABSENT: None NICKY WOLF, Chair Town of Tiburon ATTEST: By Secretary , JL 3(2) DRAi=T TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Tiburon Town Council to order at 7:30 P.M., Wednesday, August 7, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: EX OFFICIO: Ginalski, Hennessy, Thompson, Wolf Thayer Town Manager Kleinert, Town Attorney Danforth, Chief of Police Herley, Planning Director Anderson, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Wolf announced that no action had been taken in closed session. C. PUBLIC OUESTIONS AND COMMENTS Henry Herold, Marsh Road, resident for 20 years, called for correction to a staff report concerning a tree-cutting incident at Pt. Tiburon three years ago. He said he would send a letter to Council concerning his request Karen Nygren, 2 Paseo Mirasol, commented that five out of six of the newly-appointed Downtown Task Force members were not from Tiburon and suggested that a majority should be. D. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITfEES MOTION: To appoint Priscilla Miller to Heritage & Arts Commission Moved: Hennessy, Seconded by Ginalski Vote: AYES: Ginalski, Hennessy, Wolf ABSTAIN: Thompson [had not read letter concerning appointment] AESENT: Thayer E. COUNCIL. COMMISSION & COMMITTEE REPORTS L Tiburon's Internet Website. Councilmember Thompson and Town Clerk Crane spoke about the new website being sponsored by The Digital Foundry, a business at Point Tiburon. Town Clerk Crane said that Town Council Minutes and Agendas, and other information, would soon be available on-line. Councilmember Thompson noted the generosity of The Digital Foundry in sponsoring the Town. 2. Blackie's Brigade Progress Report. Larry Smith said the estimated completion date for improvements to the pasture was November 1. He said the fence would be brought to curve around the road and separate the areas for cars and people. Smith also said that Master Gardeners were installing an irrigation system and plants near Brunini Way. He asked Council to Town Council Minutes # 1094 August 7. 1996 1 , approve the proposal for placement of plaques honoring the people involved in the project. Mayor Wolf said Council would wait for Heritage & Arts Commission's written recommendations. 3 . Ayala Day Progress Report. Councilmember Hennessy gave a brief overview of the upcoming event scheduled for October 19. She said it would be a great opportunity to bring the community together and celebrate and support each other. 4. Sister City Program - Kinsda1e, Ireland. Councilmember Hennessy showed a tape segment from The Today Show about the city and listed the benefits of cultural exchange with the scenic port city with many similarities to Tiburon. Further action on item continued to August 21. 5. Police Services and Town Budget Committees. Councilmember Thompson led off the discussion with a proposal to change the make-up of the "blue ribbon" committee. He said he had met with representatives of the "Don't Mess with the Law Committee" at his home and sensed that everyone wanted to get behind a common agenda for the best possible [Town]services and a balanced budget. Thompson said the challenge was to find the best way to go about achieving those goals. Thompson said that as far as he was concerned, abolition of the Police Department was never on the table, but if the Council did nothing to address the budget situation, there would be a future problem. A past example, according to Thompson, was the deterioration of the streets, the repairs of which were now underfunded. Thompson proposed the following: 1) adding two citizen members to the committee; and 2) changing the focus of the committee to study the entire budget, not just the Police Department. He said past examples of successful budget reviews which created greater efficiencies of service were the consolidation of the Design Review Board and the Board of Adjustments & Review, and the creation of Southern Marin Dispatch. Thompson said something had to be done, which was the point of studying the delivery of police services in the first place, in order to get a jump on the budget. He said he was looking to the community to pull together behind the program. Councilmember Ginalski asked if the restructured Committee would include a representative from the County [Sheriff], and Councilmember Hennessy wanted to know if the Committee would consider the possibility of contracting for Tiburon police services with the County Sheriff's Department. Thompson said he had discussed a kind of reverse contract for some services [between the County and the Town] with the Chief of Police in the past and felt that the Committee's hands should not be tied. However, he also said that he did not think contracting with the County for [all] police services in Tiburon was an option. Town Council Minutes # 1094 August 7. 1996 2 A member of the audience said that option should be eliminated in order to bring people together. Mayor Wolf opened the public hearing. Brian Swift, Meadowhill Road, member of "Don't Mess with the Law Committee," said Thompson was on the right track with combining the committees, but said he had looked at the Town Budget and did not think there was a financial crisis. Sally Higgins, 25 Venado, said Councilmember Thompson had taken steps to understand the concerns of the citizens, but his proposal was too vague. She said if the Town made the Police Department a priority, there would be a way to subsidize it. She further suggesting increasing the officers' salaries. Larry Smith, 90 Lyford Drive, said it was important to have experts in the field on the committee, but suggested getting the police salary negotiations out of the way first. Carrie Harschall, 218 Ned's Way, told Council to stop wasting time on whether or not to have a committee and to concentrate on revenue building. AI Burnham, 42 Meadowhill, said everyone would feel a whole lot better if they knew the Sheriff would not be patrolling Tiburon. He said it was "bad faith" to be discussing the issue during [police] contract negotiations. Karen Nygren, 2 Paseo Mirasol, said the budget problems were long-term and should not be blamed on the police. She said the discussion was a "set-up for a tax." Nygren said that in 1992 the Council came up with a utility tax which would have raised $100,000 per year. She suggested addressing the idea again. Dave Stollmeyer, 2332 Mar East, commended Councilmembers Ginalski and Hennessy for understanding the concerns of the community, and said he would like a clearer delineation of Councilmember Thompson's proposal. Paul Haddad, 31 Dee Circle Drive, said that Sheriff's [ slow] response time would give time for criminals to get away, and that police services were as important as "educating our children." Hearing returned to Council. Councilmember Thompson said he was disappointed that no action could be taken on the item, and hoped that the dialog could continue about the proposed study and make-up of the committee. Mayor Wolf proposed waiting until Vice Mayor Thayer was present before taking further action. Councilmembers Ginalski and Hennessy called for immediate action because the delay was testing Town Council Minutes # 1094 August 7, 1996 3 the patience of the community. Paul Haddad spoke up to say that buying time was not in the people's best interest. Another audience member asked how the Council thought the police were feeling right now [being kept in limbo]. Mayor Wolf said she would like Councilmember Thompson's proposal agendized. Councilmember Heneessy said she was still unclear as to what was being proposed, i.e. whether the original motion to form a committee and study police services was being reconsidered, or whether the committee was being reconfigured. However, she said she would agree to table the issue until the next meeting. Councilmember Ginalski said a decision should be made now. Councilmember Thompson said he would like more time to reflect on the situation. Mayor Wolf said she would like to talk more about the idea. Town Manager Kleinert suggested tabling the issue to a date certain, after the completion of the police contract negotiations. Mayor Wolf concurred with Councilmembers Thompson and Hennessy to put consideration of a motion to table the issue on the next Council agenda. F. CONSENT CALENDAR 6. Town Council Minutes - July 3 and July 19, 1996. 7. Monthly Investment Summary - June 30, 1996. 8. Resolution for Pollution Prevention Week - September 16-22, 1996. 9) Amicus Curiae Request - Kavanall v. Santa Monica Rent Control Board; Tily B, v. City of Newport; Suter et al. v. City of Lafayette. MOTION: Moved: Vote: Absent: To Adopt Consent Calendar Thompson, Seconded by Hennessy Unanimous Thayer G. PUBLIC HEARING 10. Request for Encroachment Permit - End of Taylor Road. Planning Director Anderson said the property owner (AP No. 38-421-05, Mui Ho) through their attorney, Kathryn Cotton, had applied for a permit to relocate an existing gate further down Taylor Road onto Town-owned public access easement He said the request came from the neighbors because the vacant parcel was being used as a parking lot and party area. Anderson recommended approval. Town Council Minutes # 1094 August 7, 1996 4 , Councilmember Ginalski said it was contrary to Town policy to allow encroachment on Town- owned property. Counci1member Thompson questioned why that was so, and said he would support Staff's recommendations. Mayor Wolf and Counci(member Hennessy concurred. There was no public comment. MOTION: To approve the encroachment permit and direct the Town Engineer to issue the permit subject to appropriate conditions, including a revocation clause and recordation in the County Recorder's office. Moved: Vote: Hennessy, Seconded by Thompson AYES: Hennessy, Thompson, Wolf NOES: Ginalski ABSENT: Thayer H. UNFINISHED BUSINESS None. I. COMMUNICATIONS None. J. STAFF & TOWN MANAGER REPORTS 11. Annexation Issues - Paradise Drive Service Area. Town Manager Kleinert said a meeting had been called by Supervisor Rose to talk with Town Officials, County Counsel, and Sewer District Officials regarding the future proposed annexation of the Paradise Drive area. Kleinert said the issue was "heating up" and suggested agendizing the matter for further Council discussion in order to define the Town's position on the matter, as well as the proposed changes to LAFCO's Dual Annexation policy. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 9:39 p.m., sine die. NICKY WOLF, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK Town Council Minutes # 1094 August 7, 1996 5 ~ 3(/:;) Dr:"" t' ""T . 1\ rlr TOWN COUNCIL MINUTES CALL TO ORDER Mayor Wolf called the regular meeting of the Tiburon Town Council to order at 7:55 P.M., Wednesday, September 4, 1996, in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: ABSENT: EX OFFICIO: Ginalski, Hennessy, Thayer, Wolf Thompson Town Manager Kleinert, Town Attorney Danforth, Planning Director Anderson (8:30 p.m.), Finance Director Stranzl, Chief of Police Herley, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any), Mayor Wolf that no action had been taken in closed session. C. PUBLIC OUESTIONS AND COMMENTS None. D. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITIEES None. E. COUNCIL. COMMISSION & COMMITTEE REPORTS 1. Downtown Task Force. Mayor Wolf said the Task Force had conducted their first meeting, and that she, Belvedere Mayor Johnson and Town Manager San Diego were also in attendance. Wolf said she thought the group would do an excellent job and indicated they had proposed to do a demographic study which might require future funding. F. CONSENT CALENDAR 2. Tiburon Public Facilities Financing Authority Resolutions: A Agreement Approving Joint Refunding Agreement between TPFFA and Town B. Intention to Conduct Reassessment Proceedings C. Approval of Reassessment Report and Confirming Reassessments D. Authorization for Issuance and Sale of Refunding Bonds 3. Amicus Curiae Requests - Ellis v. State of California & Nordyke v. County of Santa Clara 4. Town MontWy Investment Summary - July 31, 1996 TOWN COUNCIL MINUTES #1096 September 4, 1996 5. Letter of Arrangement to Perform 1995-96 Audit 6. Approval of August 21, 1996 Minutes. Counci1member Hennessy added a sentence regarding the proposed Ferry Dock Realignment saying she would support what was best for the majority of residents of Tiburon in the event that Tiburon Boulevard was closed in a disaster and there was no other method of ingress or egress. MOTION: Moved: Vote: Abstain: Absent: To adopt Consent Calendar, as amended. Ginalski, Seconded by Hennessy Unanimous Thayer (from August 21 Minutes) Thompson G. PUBLIC HEARING None. H. UNFINISHED BUSINESS 7. MMWD Fireflow Improvements - Oral Report and Adopt Resolution. Richard Hill, 4655 Paradise Drive, MMWD Boardmember. said he could answer any questions Council or the public might have about the November 5 advisory ballot measure for a parcel tax to make county-wide improvements to the fireflow infrastructure. He said the Tiburon Fire Protection District had endorsed the measure, which would include upgrading the transmission lines between the Blackfield Drive Pump Station and the first lift. Hill also introduced Pam Nicolai, General Manager, and Jack Gibson, President, both of Marin Municipal Water District. Mayor Wolf asked if property owners would be allowed waivers for parcels which were not actual lots. Hill said the Board would give consideration to the request and noted that the Board had been told it was not the County's policy to collect on these parcels. During public hearing, Nat Marans asked ifMMWD supported retaining Hamilton Field as a landing strip for fire fighting. John Lando, Fire Chief of San Anselmo and Chair of the Fire Chiefs Fireflow Committee, said Hamilton was not under consideration by MMWD in the proposed improvement plan. However, Lando said the Sonoma County airbase currently being used was a good staging area for Marin County and there was no significant gap in waiting time. He said that by far the day-to-day fire operations were most impacted by the local fireflow system which kept little fires from becoming bigger. Karen Nygren, 2 Paseo Mirasol, said fireflow was an important issue to the entire County and urged support for the ballot measure. TOWN COUNCIL MINUTES #10% September 4, 1996 2 Hearing returned to Council. Council unanimously supported the ballot measure as a well thought-out and equitable plan that should be supported by the entire community. Mayor Wolf said the "pay as you go" approach would cost less in the end. MOTION: To adopt the Town Council Resolution Endorsing a November 1996 Ballot Measure by the Marin Municipal Water District for Countywide Fireflow Improvements. Hennessy, Seconded by Thayer Unanimous Thompson Moved: Vote: Absent: 8. Senior Housing Advisory Committee - Approval ofRFP for Development of Senior Housing at Ned's Way. SHAC Chair Larry Smith presented the most recent RFP to Council for a developer competition to build 25 units of Senior Housing at Ned's Way. He said 25 units was a marginal number in order to provide common areas and other shared amenities. Mayor Wolf asked if the provision in the RFP that the Town would relocate the Community Garden could be taken out and used as a negotiating tool with potential developers. She said that in exchange for their use of the area for staging, they could relocate the garden. Smith replied that he thought the developers would lower their bids to include the cost of moving the garden if they knew about in the beginning. Council had questions about the buy-down provisions ($200,000 per unit price of $300,000) and discussed how the proposed purchase price of the units had been set. Smith said the buy-down provisions would take the burden off the developer and increase the purchase value of the land. Mayor Wolf said she thought consensus had been reached at the last SHACrrown Council meeting concerning future use of some of the Pt. Tiburon Marsh units as very low income units in order to relieve the Ned'~ Way project from bearing the whole burden [oflow income units]. Planning Director Anderson said one low and one moderate unit would be required per the Town's Zoning Ordinance, and 15% of the total units in the Town's Redevelopment Agency housing. He said 20 units at Pt. Tiburon were currently classified as moderate income, and the Town only needed 16. Anderson also said the Town had taken credit for 3.5 units at the new Cecilia Place Senior Housing Project, so that only three very low income units would be needed [at Ned's Way]. Councilmember Ginalski asked whether the costs of the Environmental Phase I and Geotechnical reports had been taken into account. Town Manager Kleinert said the Town already had a geotechnical report on the site and the other report could come out ofRDA funds. Ginalski also asked about the latest "Last Chance Committee" minutes which discussed the need TOWN COUNCIL MINUTES #1096 September 4, 1996 3 for a larger housing market for seniors in Tiburon. Councilmember Hennessy said that SHAC had been directed by Council not to be involved in the development of the other two acres on the site, but said that Council had agreed in principal to consider support of a ballot measure to sell the space if the Last Chance Committee came forward with such a proposal. Counci1member Gina1ski asked Town Attorney Danforth to determine whether there would be a problem if the proposed Town buy-down of the units was equal to the amount paid by the developer for purchase of the land (i.e. $104 million). Town Attorney Danforth gave a preliminary answer to the effect that the Town would not be permitted to use RDA funds to build a police station, however, the Town was allowed to sell the land for fair market value and provide a subsidy to make the developer whole. Mayor Wolf pointed out that Tiburon had a higher than normal requirement for Redevelopment, and questioned whether $200,000 was an appropriate buy-down amount. Chair Smith said the Senior Housing Advisory Committee's view was to use the Town's RDA funds and not let them revert [unused] to the County in 2002. Councilmember Hennessy asked whether the Town might enter into a joint venture with a developer if the Redevelopment Agency purchased the land. Councilmember Ginalski said he had hoped to see that angle analyzed first before sending out the RFP. Mayor Wolf said that EAR had cost overruns on other projects and was not encouraged by that. She asked Town Manager Kleinert and Chair Smith whether they had talked to EAR. Both replied negatively. Town Attorney Danforth pointed out that in previous discussions she advised Council to conduct an RFP first in order to avoid the appearance offavoritism to certain developers, including EAR. Councilmember Ginalski asked that the RFP include a provision for a joint venture. He also raised the question of the, RDA purchasing the land and holding it for future development. . Town Attorney Danforth said the RDA did not have the necessary funds available ($1 AM) to purchase the land. Councilmember Thayer said it would perhaps be more efficient to build the police building and senior housing projects at the same time. Councilmember Hennessy said she would talk to EAR or Bridge to develop more information, but said her primary motivation was to get the police building underway. Councilmember Ginalski said Housing Chair Hinkel had already made a presentation on the EAR option. Mayor Wolf said that Hinkel's proposal did not "pencil out." Mayor Wolf proposed several amendments to the RFP: -- On page 2, change "up to 7 very low income units" to "up to four (4) below market units." TOWN COUNCIL MINUTES #1096 September 4, 1996 4 --On page 5, add the words, "amount ofinclusionary housing subsidy required," to end of sentence. --On page 2, strike "relocate community garden." --On page 3, eliminate under "Goals for Project" the line concerning Town subsidy of seven units. Counci1member Ginalski asked for a change on page 3 to read, ''No more than 25 units, " and asked a question about rental versus sale of the units. Chair Smith said the Committee had concluded there was not a rental market for a 25-unit project. Ginalski also wanted to ensure that the project would go through the Town's regular design review process. Council directed Chair Smith to collaborate with the Town Attorney and to synthesize a new RFP which would include the proposed changes and a joint venture development option. 9. Heritage & Arts Commission Recommendations for Plaques at Blackie's Pasture. There were no public questions or Council comments. MOTION: To adopt Heritage & Arts Recommendations for Wording and Placement of Inscriptions at Blackie's Pasture. Thayer, Seconded by Hennessy Unanimous Thompson Moved: Vote: Absent: I. NEW BUSINESS 10. Local Agency Formation Commission Policies. Planning Director Anderson said the proposed revisions to LAFCO's Sphere ofInfluence and Dual Annexation policies were short- term and "anti-planning." He said the Dual Annexation Policy had been put in place after decades of no planning and should be retained. Without the Sphere ofInfluence Policy, Anderson said huge areas could be stripped away from a city or be left standing alone. He urged Council's support of retention of the current LAFCO policies. Vice Mayor Thayer said he endorsed "wholeheartedly" Anderson's recommendations and said the policies were appropriate as they stood. Thayer said there were elements within those policies for discretionary waivers and therefore there was no need to modifY them. Thayer further commented on a meeting held with Paradise Drive area residents in which he agreed to ask LAFCO to extend consideration of a decision on Old Landing Road annexation for one year in order to continue discussion with the residents. Mayor Wolf opened the public hearing. Stuart Hopkins asked whether there were representatives from special districts on LAFCO's board. Vice Mayor Thayer said there were two [County] Supervisors, two Council representatives, two special district representatives, and two members of the public. He said the districts had just elected their representatives in the Spring and that they would be able to vote on TOWN COUNCIL MINUTES #1096 September 4, ] 996 5 Dual Annexation or any other issue. Becky Pringle, member of the Paradise Drive Property Owners' Association, Box 10, Tibuom, said the group was proceeding with their own community plan that had been in the works since 1958. She wondered what services the Town could offer the Paradise Drive area and whether the Town could meet their needs. Pringle said the County had just passed an ordinance relating to alternative septic systems that the homeowners would like to review. Randy Greenberg, Tiburon Planning Commissioner and resident of the "backside" of the Peninsula, said she strongly supported the analysis and recommendations of Staff, and encouraged Council to be "pro-active" in encouraging other cities to support the policies, as welL Greenberg said the goals ofLAFCO were to create logical boundaries and cohesive rules for unified governance. She said the goals were never intended to be accomplished overnight, and said she was confounded by the "emergency" nature of [Corte Madera Councilman & LAFCO representative] Norm Richardson's requests for changes to the policies. Greenberg further said that LAFCO did not apply its own policies uniformly and should be encouraged to do so. Greenberg said that Paradise Drive residents enjoyed the benefits of their Tiburon address and should also share the responsibility that came with it. She said they could have a voice through voting by being included in the Town limits. She concluded by saying she supported long-range planning and good planning. Hearing returned to CounciL Vice Mayor Thayer said the Bel Air neighborhood decided to annex to the Town because "they were tired of sitting in the audience," and said it was much better to have a vote to address community and joint planning issues. He urged Paradise Drive residents to support the LAFCO policies. Councilmember Ginalski concurred with Councilmember Thayer and Commissioner Greenberg's remarks. He proposed that Staff draft a resolution to send to other cities to support the LAFCO policies. Town Manager Kleinert said the City of Belvedere had voted in favor of retaining the policies at their Council meeting the previous night. Councilmember Hennessy said she supported the policies and suggested MCCMC action and formation of a Council subcommittee to work with the Paradise Drive Property Owners' Association to address their issues. TOWN COUNCIL MINUTES #1096 September 4, 1996 6 Mayor Wolf underscored the contradictory nature of the proposed changes to the LAFCO policies, and said the Town needed to discuss the issue of providing services to the adjacent areas anyway. Council agreed to retain its ad hoc committee representatives Thayer and Wolf, who would continue to meet with residents in the affected areas. MOTION: To adopt Staff recommendations to support the retention of current LAFCO Sphere of Influence and Dual Annexation Policies, as adopted; to forward Town's comments and recommendations to LAFCO. Moved: Vote: Absent: Thayer, Seconded by Ginalski Unanimous Thompson J. COMMUNICATIONS K. STAFF & TOWN MANAGER REPORTS Town Manager Kleinert said there would be a meeting soon of the ad hoc committee that was studying the Downtown ADA issue. He also said the Solid & Hazardous Waste JPA would require appointment ofa task force representative per AB 939 requirement, and that he would propose someone at the next meeting. Mayor Wolf asked to see annual police statistics for 1991-1995. L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Wolf adjourned the meeting at 9:56 p.m., sine die. NICKY WOLF, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1096 September 4, 1996 7 TOWN OF TIBURON MEMORANDUM TO: TOWN COUNCIL MEETING DATE: SEPTEMBER 18, 1996 ITEM No.3 FROM: TOWN A TIORNEY SUBJECT: RESOLUTION APPROVING THE AGREEMENT GRANTING AN EASEMENT TO THE BELVEDERE-TIBURON LIBRARY AGENCY ----------------------------------------------------------------------------------------------------------------------- BACKGROUND The Belvedere-Tiburon Library Agency has requested an easement across the new Town Hall site for the installation of PG&E electric facilities. The proposed location is the site of an existing non-exclusive easement held by the Sewerage Agency of Southern Marin ("SASM"). SASM has agreed to share its easement with the Belvedere-Tiburon Library Agency. ANALYSIS PG&E has advised the Be1vedere- Tiburon Library Agency that the location of the proposed easement is the optimal site for the library's electrical facilities. The Town Engineer has stated that he has no objections to the easement. The Agreement granting the easement provides for the Agency to indemnify the Town against any claims arising from its exercise of the easement. The Agreement further provides that if necessary, the Town may terminate the easement upon six months notice and require the Agency to move the facilities at the Agency's cost. RECOMMEND A nON It is recommended that the Council adopt the resolution authorizing the Mayor to execute the proposed easement Agreement and implementing documents on behalf of the Town. EXHIBITS 1. Draft Resolution with Agreement RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE GRANT OF AN EASEMENT TO THE BELVEDERE-TIBURON LIBRARY AGENCY WHEREAS, the Belvedere-Tiburon Library Agency is ajoint powers agency created by the Town of Tiburon and the City of Belvedere for the purpose of constructing and operating a new public library; and WHEREAS, the site of the new library is adjacent to property owned by the Town and currently under development for a new Town Hall ("Town Hall Site"); and WHEREAS, the Be1vedere-Tiburon Library Agency has requested an easement across the Town Hall Site for installation and maintenance of electrical facilities, said easement being more particularly described in the attached exhibit to this resolution; and WHEREAS, the proposed easement would traverse a non-exclusive easement presently held by the Sewerage Agency of Southern Marin ("SASM") and SASM has agreed to share its easement with the Belvedere-Tiburon Library Agency; and WHEREAS, the construction and operation of the new library will benefit the residents of Tiburon, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Agreement Granting Electric Facility Easement to the Be1vedere-Tiburon Library Agency attached as an exhibit to this resolution is hereby approved and the Mayor is authorized to execute said agreement and all documents necessary to implement said agreement. 1 PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 18, 1996 by the following vote; AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS; ABSENT: COUNCILMEMBERS; NICKY WOLF, MAYOR Town of Tiburon ATTEST: DIANE CRANE, TOWN CLERK 2 DRAFT #2 AGREEMENT GRANTING ELECTRIC FACILITY EASEMENT TO BELVEDERn-TIBURON LIBRARY AGENCY Agreement entered into by and between the Town of Tiburon ("Town"), Sewer Agency of Southern Marin ("SASM") and Belvedere-Tiburon Library Agency ("Agency"), all of which are public agencies of the State of California. Recitals A. Agency is the owner Marin, commonly known as 1501 follows: of a parcel of real property located in the County of Tiburon Blvd and more particularly described as See Exhibit I; which is attached hereto and incorporated herein by reference The real property dcscrihed to in this Recital is referred to as the "Agency Parcel" in this Agreement. B. Town is the owner of a parcel of real property located in the County of Marin, commonly known as 1509 Tiburon Blvd., Tiburon, CA. and is more particularly described in Exhibit "A" which is attached to this Agreement and incorporated hy reference, The real property described in this Recital is referred to as the "Town Parcel" in this Agreement. C, SASM is the owner of a non-exclusive perpetual easement and right of way which traverses the Town Parcel. The ea.~ment was conveyed to SASM by an instnunent entitled "Grant Easement" which was recorded in Official Records of Marin County on June 22, 1983, Recorder's Serial No. 83029400. The purposes of the easement and right of way include installation, construction, reconstruction, removing, replacing, repairing, mainlllining, operating and using a pipe or pipelines for the transmission of wastewater and access to such facilities, SASM's easement is more particularly described in the Grant Easement, and the portion which is relevant to this Agreement is referred to as Permanent Easement SP-l. The legal description of Permanent Easement SP-1 is attached to this Agreemcnt as Exhibit "B" and incorporated by reference (the "SASM Easement"), D. SASM has constructed and installed wastewater transmission facilities in the SASM Easement which SASM maintains, operates and u~es for purposes of its governmental activities. 3C'd SOO'ON ~G:9t 96.Gt d3S 8Gt8-t8~-Stt7: or WStlS DRAFT #2 E. Agency desires to acquire a ten foot wide "Electric Facility Easement" which will traverse both the Town Parcel and the SASM Easement. The proposed purposes of the Electric Facility Easement are constructing and maintaining electrical facilities requested to serve Agency's uses of the parcel referred to in Recital A above, The legal description of the proposed Electric Facility Easement is contained in Exhibit "C" to this Agreement and is incorporated by reference. F. Subject to the provisions of this Agreement, Town is willing to grant to Agency the Electric Facility Easement described and for the Purposes related in Recital E. G, Subject to the provisions of this Agrcoment SASM is willing to consent to the Town's grant of the Electric Facility Easement to Agency to the extcnt such grant will affect and cncroach upon thc SASM Easement. Terms and Conditions In consideration of the foregoing Recitals and the following Terms and Conditions, the parties mutually agree as follows: I, Town grants to Agency the Electric Facility Easement for ttle purposes stated in Recital E above and with a legal description as staled in Exhibit "C", The Electric Facility Easement is appurtenant to Agency's Parcel, is permanent in duration, non-exclusive as to use and subject to ttle rights reserved to Town and SASM as provided for in this Agreement. 2. SASM consents to Town's gram of the Electric Facility Easemcnt to Agency as specified in Section 1 above. 3. Agency's use of the Electric Facility Easement shall be subject to the following limitations and restrictions: (a) Town shall not be Iiablc to Agency, SASM, or their officers, employees, agents, or contractors for damages, whether for loss of or damage to property or injury to or death of persons, which may arise out of any of Agency's tlse of or acrivities relating to the Electrical Facility Easement. Tbe foregoing shall include, but is not limited to, any loss, damage or liability for damages or injury caused by or resulting from Agency's disturbance of any hazardous materials on the property. I,b) SASM sballnot be liable to Agency, T()wn, or ttleir officers, employees, agents, or contractors for damages, whether for loss of or damage to property or injury to or dealh of persons, which may arise Ollt ot' any of Agency's use of or activities relating to the Electrical Pacility Easement. Ttle foregoing stlall include, but is not limired to, any loss, damage or liability for damages or injury caused by or resulting from Agency's disturbance of allY hazardous materials on the property. 2 ~C'd SOO'ON ~G:9, 96,G! d3S 8::,8-,8>:-;,17:01 WSI:IS DRAFT #2 (c) To the t\1llest extent permitted by law. Agency shall indemnify, defend and hold harmless the Town and SASM against all costs, loss, damages, claims, liability and/or expenscs resulting from injuring to or death of any person, inclUdinll, without limitation, Town's or SASM's officers, employees, agents and contractors, or injury or damage to property, arising in any manner from or relating to Agency's exercise of the use of Electrical Facility Easement or other activities pursuant to this Agreement. (d) Agency shall require that any contractor retained to install or maintain improvements in the Rlectrical Facility Easement shall include the Town and SASM as additional insureds in all insurance pOlicies maintained to cover liability arising from the work. (c) Town shall have the right to terminate the Electrical Facility Easement for the public benefit upon giving six (6) months written notice to Agency, Upon such termination, Agency shall relocate any facilities installed in the Electrical Facility Easement pursuant to this Agreement at Agency's cost. (I) Agency shall not make any uses of the Rlectric Facility Easement in. on, over or in close proximity to the SASM Easement which in any way obstruct, inhibit or otherwise interfere in any material respect with SASM's use of the SASM Easement or which result in any cost or expensc to SASM. The limitations and restrictions established by this Subsection (t) apply not only to the use now being made by SASM of the SASM Easement, but also to any future uses which SASM wishes to or docs make of the SASM Easement. If as a result of any present or future uses of Ihe SASM Easement by SASM, it becomes necessary to reconstruct, relocate, replace, repair or maintain the Agency's facilities in, on. above or near the SASM Easement to accommodate SASM' s uscs of the SASM Easement, any such reconstruction, relocation, replacement, repair or maintenance shall be the obligation of Agency and not of SASM and if after roa~onahle notice, or without notice in the event of an emergency, Agency has not fulfilled its responsibilities In these respects, SASM may do so at Agency's expense and for which Agency shall promptly reimburse SASM; Drovided, however, in no case shall Agency be preclnded by SAS:\<!' s lIses of the SASM Easement from exerciSing the rights granted to Agency under this Agreement. 4. The rights and obligations crcated by this Agreement shall be binding upon and insure to the benefit of the parties. their assigns and successors in interest. 5. This Agreement shall be executed in counterparts by the parties. one duplicate original of which shall be in recordable form and Agency shall be entitled to record that copy in Official Records of Marin County, California, 6. This Agreement shall become effective after it has heen executed by all parties, hut tile Agency Easement shall exist only as of the time the duplicate original of this Agreement has been recorded. 3 UC'd soo'eN ~Z:9T 96,ZT d3S !ET8-T2~-ST~: JI WS:lS DRAFT #2 As evidence of their Agreement, the panie~ have executed this instrument on the dates shown beside their signatures. IIDm: Dated: . 1996 TOWN OF TIBURON By Mayor Atlest Town Clerk SASM: Dated: . 1996 SEWERAGE AGENCY. OF SOUTHER MARIN By President Counrersignt:tJ Secretary 4 SO'd soo'eN S~:9t 9E,<':t d3S 8<':tS-t2\:-Stu:Qr vIS':IS Aaencv; Dated: U:\W~\;l3SI11"C!lI\tli...I\&f!ll: 3C'd soo'eN 5Z:91 , 1996 36.<::1 d:E; Altesl 5 8=18-18>:-5117: ]I DRAFT #2 BEL VEDERE- TIBURON LIBRARY AGENCY By President Secretary/Clerk ~'JS:;S (I l .. A portion of land of the Town of Tiburon, said portion of land being all of the lands conveyed by Edward G. Zelinsky and Barbara Z. Abrams to the Town of Tiburon,a Municipal Corporation, by deed recorded March 19, 1986, as described in document number 86014119 and a portion of the lands conveyed by Edward G. Zelinsky and Barbara Z. Abrams to the Town of Tiburon, a Municipal Corporation, by deed recorded February 1, 1990, as described in document number 9006759, Marin County Records, state of California, said land described as follows: Beginning at the most northerly corner of said lands of the Town of Tiburon, document number 86014119, said corner also being a point on the southerly right of way line of Mar West Street; thence along the northe.asterly property line of said lands of the Town of Tiburon, South 65047'32" East, 190.23 feet to a point common with said lands of the Town of Tiburon, document number 9006759;' thence leaving said point along the northeasterly property line of said lands of the Town of Tiburon, document number 9006759 South 65047'32" East, 69.51 feet to a point; thence 'leaving said northeasterly property line South 36025'08" West, 183.07 feet to a point on the southwesterly property line of the lands of the Town of Tiburon, document number 9006759, said point also being on the northeasterly right of way line of Tiburon Boulevard; thence along said property and right of way line North 55055'42" West, 68.00 feet to a point common with said lands of the Town of Tiburon, document number 86014119; thence leaving said point along said property of said lands of the Town of Tiburon, document number 86014119 and right of way line North 55055'42" West, 128.67 feet; North 53039'39" West, 39.83 feet to a point; thence leaving said right of way line along the westerly and northwesterly property line of the lands of the Town of Tiburon, document number 86014119 and the southeasterly right of way line of Mar West street North 6037'04" West, 46.31 feet to a point; thence from said point along a circular curve to the right the center of which bears South 48047'32" East, with a radius of 975.00 feet, through a central angle of 6004'34", an arc length of 10j.40 feet to the point of beginning. . Containing 41,512 square feet more or less. EXHIBIT I .-/.. !)QuarT "Au CP. 1 of 2) .1 A port.Lon at Pare"l "AIf as aaid parcel is .how" on the llIap tt; DeCeMber 7, lG", 11'1 Book is ot parc.l Map., at. Pave SO, Hal Count.y Jteeord., St.at:o ot caritornta, aaid portion 4..cJ:'.I.bed tollowa, .'v!nnln; at tha 1Il0llt nOrthu'ly cOJ:'l'lar at .aid 'arcel "A" .. ooarner alao he.!.nf " !loint on the lIoutharly l'iql\t ot way line o~ I .'a~ streat: .nd a point. on tn. aouthweeterly l1na at Lot 10, .aid let 1s ahown On t.he map filed February 16, 198., 11'1 Volume of H,p:-, at ';aq. 4, Marin Cc\lnty Records; tl\eno. a10nq 1 Ilorthe..terly Un. ot uid Pareal "A" and saLd 'QUt.hwe.t.rly 1: ot tot: 10, 'Outh eS.41'32" Fast, 2'1.7~ t.et (recol:'dec:l So\ IUI.:a2'.o" E.at, 15 PH 90) to the TruQ Point: of .e'linnin" thenea trom the ~rua ~oint ot ~eqinnJnq, along .aid ftoruh._*tel line ot P41':'ee1 "A" and South"'est:erly line at t.o~ .10. IS.." 15..7'3;3" .,.t, 114.50 te.t to . point; thence 'le.v1nq eil ncrthea.~.rlr .and .ou~hw..t.rly l~n... SOuth 36"2D'08N W..t, 203, teet to a po nt on the. nc~th.aste~ly ri~ht of way line ot T1bu~ Boul.var~1 thence alcnq .aid northeasterly riqht of way line Tlbu.rcn Boulevard, North 55.5"42" West, 112.00 t.et: (reCOrd ~R~th 55.35' We.t, 15 PM ~O) to a point; thene. 1..vtnq .aid rig 1St way line, North :".25'08" Wast, ln3.4~ feet to tha True .Point '.ginninq. . - I l:cmt.tnjn9 21,824 aqUU'e teet, mot.", or les.. " .. .. -1 lC'd soo'eN 9~:9t 96, n d3S 8~t8-t8>:-;tt': or .' I,SdS . :..!u....~. . ~~:I......~~~'it?4"""'~.-~;..*::;~!..:.~. .~'f'~..:' '.11..;" :..' . ~'~ . ", ('~,y..",~,. /JZ '..,.<t;,"-Ji'j ,liP''''' '/'1."'..,.""" .~ ~ ~, ~ . "-'''''. "'..'-O....f~ J ~ Q 'a ~ tt I ~ , ~l..A }.~ ~; r ' II . \ ~.J .~,..W, U..I t.tb"..~ . ~~ 0 t~~~1'n "" ~ . ~ . , ,(:l't~1 \ ," '''',W,.,.<1'#F ,,~ a... ~ ~ ~ . . \I l ~ JI ':r. , . { " ~t !;." '~l' ~ ,~ c::t '\r ~i. \" ~b II~ h~. ~~ ~ 3~ ~~. ~'" I .." (, '''''''J .~."", .~~...,..cu.., ~ . "-- . ---, 40 ~Sg~ " *N'- ~. , 80'd SOO'ON 9G:9, 96.G' d3S ,- .. . i ~ ! J'. . I ~ ..... ~i ..- ,-,. . . . .... ....:r....'-t;:!: ...r.......~i:tt'.r'4/....... ...... .~,..,~\r..., T"~. _}.' .: I ..' '.", ' "'. .''''9'4.. .. . . ~li~' '. =!I~J .,' ~ "'Ir~ ~ ~ ,I ! . i .It ~ l~" Q; 111 ~ . . ' , . t t ~ i~!. ,... . . I!~' . ~. , ~. .1 ~ ~:; 'I f1~ , . I ~I ;p i~1 r'. ~ .,~. .' . . . " 8G,8-,8~-S,17:ilI , 1\;1, . . '1 I. .' ]~ ...\~: -;'" .'. .. .. , ,,, ,I :' ",' I"~ I ,1'1" , . . t." .- ." "J WSI:IS . Exhibit IIB" 830 t 9 ~'OQ REVISED December 21, 1981 SEWERAC! ACtNCY OF SOUTH~RN ~ARIN PROJECT lIlIIT I II O\.Iur! Southern Pacifio D~Yelopment Permeftent Easemene Spwl That oertAin rul prop..rcy .icuate III tho COllnty ~f H.dn, SCate of Californi~, d.stribed ~. follow.' a.lnl a portion of th. 14nds of Southern r~~if~c "~ilro4d and mo~e p.rtleularly d..tribed a. foLLow.: An C!4sement for the constructioR gnd. mO\ntc:nlflllce of ..gni.t.ry '.\.Iel" f.cilitie~ over, on or.uftd~r the follo~ina dc'~rib~d raal property: All the l.ndo of the Town of Tlburon wIthin a strip of l.nd 15 feet wide, lyina 7.5 teet on ".oh .lde of the fOllolling .lueribed ,eMerano: CO~EIICINC .t the interuction of the .outhltescerty dSM-of-way of Mar Witt Strut ",Ltn the northerly property line of uu. land. of the Norch- vcatern Pacific Railro.. Company .a .hown on that certain map entitled "Record of S\lry,"y of a portion of thez rl&ht.-of-voy of the >truts k...wn es Mar Weft .nd Paradhe Drive ,ituated in cbe City of fibulon, Marin County., California, and u ducribed in Soak Sl o~ Oe.d. at pas. JeJ a"d BoOk 19' of Ddeds at pAS' 467, Mari.n County K4C:Ot't14," fClcot'ded in e'ook II of Survey. at page 27 of Officinl Rucerd. of Nur.n County: said POiM of Co"",ence"'ont ..L.o b.ing dt".nt Souch 71' 29' 24" Pout 368.352 feet from th. interuotion of the t"o eoul".' Notch 72' 29' 2'," lIut t:104.37 het and North 51' 39' 27" Wut 3a5.61 foet formina tho 'northerLy bO\lndary of s.i. land, ~f thO Northwestern Pncific Railroad Company; t\l"nint then.e from .aid Point 'of Co....encement South loa' 34' 52" E".t 180,10 fut to the TRUE POINT OF BECtNNINC of tho .AUmont de.crib..1 horol,,; r\loning thenoe from uid J~~_!'SgtlT or &!.G.Illl1tl!<i_J.lQc'th 51l.~ 411~ ..4~.'.:.l:!.H_-'.Jl:!!! .!....t: North 1~:..1'i::_ W.!~_t_~t8..:.!Lt!!!.i. ~t!!_~.O:.:I'.~ .I>.&.:!._W!:~~ Jl,j,.,l.J.J!9J.:....llorth _4.:..2l.'.-21~J:jl...L!l",}tJ~~.~L N~l~..J.~~..W_' U::.J!.lU.L! 23, OJ tU!; Nor~h. 'S' 36' 12" \.Ieot 172.91 f..t'; tOJ!.:h 7" 10' 01)" ~I..~t J7;0,oo twu, 'i'!.U,!!' 40' 27' 45" W..t 75.00 foot; llo.teh-S7' 57' 45" lI.,.t 75.00 fut; N.l>.l'.tIkS4' 14' 02" Ii..t 251.93 hu; South 61' 12' 28" I/ut 6a.54 flOOt 10010 or leu; to . point lying 7,'. fe.t ":,,-rill.rly nnd at rLllllt .nul. to the .ouCherly bound~ry ot the landt-of Nor~hwestern PAcif~c R~itro.d CO~p'4ny .. .hown on t},at ~ert.4ln m3p cntitlQd. "Rocord ()f Survey, L31'\d. ot North"'e.t~rn . PaclHo. R.Llr~.d Comp.ny & Tich tneurMce & Tru~t Company ct ..1. Til>llron, H3~in County, CJliforniall. record4d in VoLumo 14 ot Stlrv~yt. pal_ 27. Marin County Record.; ~unnin8 thonoe parallel to said .octherly boundAry ~orch 65' 47' )2" We.c 1065.21 f..c to the terminus of .aid lin.. ' . Containins In 4re.. of 50,27S 'q\ldre lee<. or \.15 acre" mora or t.... I 6C'd SOO'ON LG:9t 96.Gt d3S 8Gt8-t8>:-Stt'::lr WSi:lS ~ Exhibit:. "C" An easement for the purposes of constructing and lIlaintaining electric Cacillties over, under and above a strip ot land 10 feet wide, and lying 5 feet on either side of a centerline, s'aid easement being all of said strip lying within Lot 10, as said lot is shown on the map tiled February 16, 1984, in Volume 19 ot Maps, at Page 4, Marin County Records, state of California. The centerline of said strip being described as follows; beginning' at the Illost northerly property corner ot Parcel "A" a8 said parcel is shown on the map filed December 7, 1978, in Book 15 of Parcel Maps, at Page 90, Marin County Records, state of california, said corner alsO being a point on the'southerly right of way line of Mar West Street and a point on the southwesterly property line of Lot 10, as said lot is shown on the map filed February 16, 1984, in Volume 19 ot Maps, at Page 4, Marin County Recorda; thence leaving said right ot way line, along the northeasterly property line of said Parcel . II A" and said southwesterly property line of Lot 10, South 65047'32" East, 10.00 teet (recorded South 65022'40" East, 15 PM 90) to the True Point of Beginning ot the herein described centerline; thence trom the True Point of Beginning, leavinq said northaa.terly property line of Parcel "A" and southwesterly property lj,ne ot Lot 10 on a curve to the right, the center ot which bears south 33002'22" East, with a radius of 160.00 feet, through a central angle of 26051'27", an arc length ot 75,00 feet to the point of termination. The side lines of the above described strip ot land shall be prOlonged or shortened so as to terminate in a line bearing South 155047'32" East through the True Point of Beginning and a line be!lrinq North 6010'55" West tJ:1.rough said point of Termination. " 01'd SOO'ON LG:91 96.G1 d3S 8G18-18>:-S1t':QI WSI:IS IIH 13, :lIj FRI 10;32 F.-\.\ 1 .US 51~ illl KI\KUSSFII li!J 002 , ft.\ '1' ,. ... ~ CONVERSION MA."AGEMENT ASSOCIATES, lNC. Sept. 13. 1996 Ms. Ann R. Danforth, Town Attorney Town ofTiburon 1155 Tiburon Boulevard Tiburon, CA 94920 Mr, David A. Coe, Manager Sewerage Agency of Southern Marin P.O. Box 1029 Mill Valley, CA 94942 RE: Belvedere - Tiburon Library Electric Facility Easement Dear Ann and David, This letter is in response to the draft Agreement between the Town ofTiburon, the Belvedere- Tiburon Library Agency, and the Sewerage Agency of Southern Marin, concerning the above referenced matter. The following infonnation is offered for inclusion into the draft Agreement as requested : 1. Under "Recitals", section "A", at 1he first blank. insert the Belvedere- Tiburon Library. 1501 Tiburon Boulevard. Tiburon, California. The last entry to this section should read: Parcel numbers 58.17].65, 58-171-77, 58-17]-83, and should either include the information on the attached or reference the attached eJdUbit (Agency is the Owner of this property) 2. Under "Recitals", section "8", insert at the end of the second sentence, the following' (is) to provide electrical utility connection from the Belevedere- Tiburon Library to the electric utility primary distribution system, the latter of which is located in the Town Parcel beyond the SASM Easement. (We have sent in earlier correspondence the legal description of the proposed Electric Facility Easement, subject of the exhibit on this section "B" Please advise if the earlier submission requires modification.) We have received the Town Attorney's revisions dated Sept. 3. 1996, and have forwarded both the draft and requested revisions to the Agency for consideration We understand from you Ann that apparently you have received indications from certain Trustees of the Library Agency that they are conceptually in agreement with the proposed revisions you sent dated Sept. 3, 1996. However, as you are aware, the entire Board of Trustees will have to approve the agreement before executing. 500 12th Suee!, Suite 210. Oakland, CA 94612 fa. (510) 874.1432 ()~. ~.~ ,;1.; JI<1 ill.:.>.> i:".-I..\ 1 -l15 5i~ 1111 1\1 \hlJ .') :::;}. \ 1 ~lld.'} 9/ JJ/96 Letter to SASWTiburon. Page 2 Please advise me of any other infonnation which we should provide at this time. Thank you both for your efforts in expediting this agreement Sincerely, Matt~ Matt Sherrill cc: R. Rozen C. Forell Conversion Management Associates, lnc ..) ,'0 .1'\, ." .~.) I_-'Ll. 1 -11,) ::>1;,; 7111 .IfACKEN .. Kl.\KU S SF \"1 "~N""I:. -- ~ .... '" '" PA<.>[ iin IIn~ ~Z I I , I I IXMl'l~ ~A" \ A po~t10n Of 18110;1 of the Town of Tlb\arGtl, a.1e1 ....rtl or,l." ~1ft9 all of the landa oonveyed by Bdward ~. zelln.ky · .. S'~ba · &, ~e." to tbe Town of Tlburon, a Run101pal corporat1o , ~ "e d recoroe.. Margb 19, 19'6, 8. Oe.orlbed 1" dgoua.nt "\I.be 8. 141 9 al1o;l a portlon of 1:"e la/lll8 conveyed by Bd"'arel G. Ze in.kr. a Inb4ln Z. "bruI to tIl. Town of T1b1J,&,on, . "untelpal Co r~tl.o ~ de.d ~eoo~~ rebruary 1, 1"0, a. "..orlb." 1n docu nt ~u 900'759, ".1'1" Colmt.y .acord., State of calitol'nia, .ald 1a ....01'1"" .. 1:01.10"a. . I Be91nnlng _t ~ ~.t north.rly cor~er of .ald land. of T~"n Tlb1Jron, doeu.ant nulllber 1601411', ..ld cornsI' _1.0 bel 9 .,~ol on the .outh.1'1y eight of way line of "al' Wa.t str.et, t ~'I.l tha nOl'th...terly pl'opel'ty 11_ of .a1<< land. of th TO,wn Tl~~on, Soutb 65"47'32- f..t, 1'0.23 f..t to · point f vi ..1e1 l.nd. of the Town of TIburon, docuMnt nUlIlber '006 ':. he -leavin9 ..1d poInt a10", the north...terly p~rty 11 eo. lan<le of the TOwn vI: '1'ibul'on, IlOGII..nt nl.llaber 900 7!it I II 65"47'32" Ile'~. 19.51 t.et to e po.l.n~, theno." 1 vin., . nortn...te~lY property I1ne South 3.-25'01" Wa.t, 1'3,; f..~ t pOlnt on the BOuth"..tarly property l1n. or tn. lend. f tn~ T or Tiburon, doc.....nt nuabac 9001759. ..11l point aleo ln9 on h. north...t.erly d9ht of ".y Une of TlbllE'on .olllevnll, eMe ,,1 119 ..1d prvperty al'l4 rlght of v.y l1n. No~th 5!i."'4Z" .t,I,..oo fe.t to a point .,.,..on "lth ..ld land- 01 th. Town Tl/>lll' n, doc....n\:. nu."-l' 1601411', th..nc. 1..vln9 ..ld polnt 1v"'1".l.4 property of ..1d landl of the TOW" of Tlburon, "ocu nt "u. r "01411' .nd I'iqht of v.Y llne NVE'th !i5"""2~ w..t, 1 ',i~ te t, Horth 53""3'" we.t, 3','3 feat to a pointl thence .I. .'11.1."9 . .1.4 l'.I.qht of way 11ne along the "..ta~ly and no~thv..ter prop. ty line of the landl Of the Town of Tlb1JE'on, docu.."t. nus I' 8lI0U 19 an<< the eout"ea"terlY l'19ht of way I.l.n. of HII' W..t 8 r..~ No It '"37'0." w."t, 4&.31 f..t to . po.l.nt; thence frol I.ld oln~..1 " clrOlllar cu~V. t.o tn. r19ht the cant.r of whloh ar., 80 th 4"47'32" B".t, with e 1',,41\1. Of 915.00 teat, throu9 . O.nt .1 ."91e or '-04'34", an aro IIJnqth of 10'.40 f..t to t e pOlnt of be9lnning. , cont.lning 41,5n S<<auaTe f..t IOOra or 1.... I i I (J~, l;j :;Jb dd l(J::J.,\ FA.\ 1 "\15 512 7111 K1~Ku S_.S! _}"1... " 8RACkEH & kEAHE 74r~~~~ ! '. )u I~ I-I iji t ~ ~I II! I ~ l l~ ':"'1 -;. t ~ Irll' ~Id I , ;illi "'- ~ .- ---. 1(""7 "sr .~ "'"91:1' ..!'\IIf... .....- '.0.0; -'. '\ ...~ ~~ , '" ~'l: . . .~ ~t _It. . t l .~.. ~......'" _ !t. ~ ...' 17t...'? .': ,'~ ~I. "U' "\ III I ~11-'\,~rl c'1~ ~ "\ t.8 _OJ" .. . . ~ *.:. W'''.'<II1: r-n t 1[ ,.... r- i. ~~ ~ \\t' '\;;1 ~ i\~;. ~ ~ ~~ i o -0 t ,~ : r ! , i ("" "":0:. ~. , :1 rs ~ ,'- !\ .... ..I I " II, , J~ :." If !I .u -lJ".'/fo'*"w. 2a.'" - ---rNii;;t",~/":.""'Jo) li!J005 PAGE t:1.:J r........ 71~IF~ Tiburon Police Department MEMORANDUM TO: Members of The Tiburon Town Council DATE: September 10,1996 FROM: Peter G. Herley, Chief of Police SUBJECT: Statistical Comparison / 1991-1996 Per a request of our Town Manager, Robert L. Kleinert, the following infonnation is an overview of statistics from the years 1991 through 1996 relating to criminal activity, traffic collisions, traffic citations issued and workload information (caUs for service). The statistics listed for calendar year 1996 are January through June. These figures should closely represent a "one- half' year estimate of a total year. BACKGROUND The Tiburon Police Department is required to track criminal activity for submina] to the California Department of Justice and the Federal Bureau oflnvestigation for trend analysis. This infonnation allows us to monitor and track the key components of the statistical data collected. The following key categories were analyzed and graphs were prepared for an easy year to year comparison. Total Crime Rate (Part 1 & Part 2 crimes combined) Part I Crimes / Part I Crimes Cleared Part" Crimes / Part" Crimes Cleared Crimes Against Persons (Homicide/Rape/Robbery/Assault) Burglary (Residential/Commercial/All Other) Theft (From Auto/Grand/Petty/Grand Theft Auto) Calls for Service Traffic Collisions (Injury/Non-Injury) An analysis of Tiburon 's overall crime rate for the last five years has shown a steady drop every year! The reported crimes dropped from 666 in 1991 to 523 reported crimes in 1995. By using the current half-year statistics as an indicator, in 1996 there may be approximately 540 reported crimes in 1996. ANALYSIS PART I CRIMES Part [crimes (major felonies) reported have dropped from 196 reported crimes in 1991 to 149 reported crimes in 1995. In 1996, it appears that there may be an increase in reported Part I crimes. From 1991 through 1995, we cleared one-third of all serious felonies reported. [n 1991, we had an officer assigned to investigate major felony and other cases. That year, we had an excellent clearance rate of 66%. PART 11 CRIMES Part 11 crimes (minor felonies and misdemeanors) have dropped from 470 reported crimes in 1991 to 374 crimes in 1995. [n 1996, it appears that the downward trend will continue with approximately 366 Part 11 crimes reported. Our clearance for Part 11 crimes (1991-1996) is an average of 74%. CRIMES AGAINST PERSONS Crimes against persons are a combination of Part I (rape/robberylhomicide) and Part 11 crimes (assault). In tenus of numbers, these crimes have held fairly steady over a 55-year period. BURGLARY Residential burglaries have shown a substantial decrease in 1996! There may be only an estimated 16 reported residential burglaries this year, while the prior five-year average was almost double that! Other categories of burglary ("commercial" and "all other") have remained stable. [t should be noted that in 1995, there were a rash of burglaries from automobiles throughout Southern Marin. Tiburon, alone, had in excess of 20 in our jurisdiction which were attributed to gangs from outside our County. PROPERTYSTOLENffiECOVERED Our property recovery rate is low. Our 55-year average recovery rate is only 13% ($220,000) of the $1.7 million of property stolen. THEFT All theft categories, except grand theft auto, have remained stable. Automobile thefts have dropped from a reported high of9 in 1991 to;gg in 1996! CALLS FOR SERVICE Calls for service (any request to the police department from the public for assistance which requires a police officer to respond) have increased steadily from 4580 in 1992 to an estimated 5740 calls for service in 1996 - a 25.3% increase! This does not include the numerous incidents handled by an officer who observes an incident. The amount of time to completely handle a call varies from only a few minutes once the officer arrives at the scene hours or even days, if extensive follow-up investigation is required. TRAFFIC COLLISIONS Traffic collisions have risen from a low of 51 in 1992 to a high of 100 in 1995. The sharp rise in 1995 is directly attributable to more vehicles traveling on our roads on a daily basis and a long period of very bad weather. Because of the sharp rise of traffic collisions last year, increased traffic enforcement was instituted in early 1996 in an attempt to lower the collision rate. In 1996, to date, we have successfully lowered the overall collision rate by an estimated 40%. CITATIONS ISSUED There has been a sharp increase of moving citations issued in 1996, which is in direct correlation to the traffic collision rate of 1995 and our increased traffic enforcement efforts. In an attempt to lower the collision rate (so far very successful), increased traffic enforcement was instituted at key accident locations. Primary collision factors from 1995 were analyzed. Target enforcement was then directed both at those locations were the accidents were occurring and at the specific causes of the accidents. CONCLUSION The past 5.5 years have shown a steadv decrease in reported crimes! This translates into a valid increased feeling of greater security and safety in our community. The only area which we would like to see improvement is our ability to close cases and recover stolen property. This is directly attributable to a cutback of personnel due to budgetary constraints. However, due to the cooperative partnership effort of the community and the Tiburon Police Department through the Police Department's community-oriented policing efforts, the Town of Tiburon continues to remain a safe community to both live and conduct business in. ]fyou have any questions regardiog the information presented, please feel free to call me. ... c CII E 1:: <<I .~ a.t;; CU ",w Q~~ ~ .~ =';;jo. o ~ 0- A.~ c8 o .. ::l .Q j: ~ ~ ~I ~~ ..~ c _ .. = g:1 g:! g:1 ~ g:1 ~I - ~ ~I"" -oo::r--- '-0 iJ"'I~.........,oI!::! 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"-- "-- ~-.ocoJ~ ~lJ'loo::r-l~ ""~ ..... -I~ -' cc 0- C> 0- ~cc ~ 0- "-- '" oJ: oJ: ~ ~ ..c ..c 0- 0- ~ ~ ~I ~ ~ .~ '-' ~ ~ = .;: '-' 1:: 1:: .. .. "-- "-- ~ -.0 ClI;:s; ~ ~ "-- C> "" "-- t::; = :;;: '" cc ...., ~ :E: '"' '-' -;; '0 ~ ~ = = <> '-' -;; .'" c ~ -0 .'" ~ "" ~ ~ ..c C5 :;;: ~~~ .. .. .. 0'.0"'bo"O.a ~ ~ ~ ~ ~ ~ "" "" "" Tiburon Police Department 1991-1996 Comparison 700 I 600 - 500 ~ - 400 - 300 - 200 - 100 - o 1991 1992 1993 1994 1995 1996 I_ PART 1 CRIMES. PART 2 CRIMES I Tiburon Police Department 1991-1996 Comparison 200 50 - 150 - 100 - o 1991 J992 1993 1994 1995 1996 . PART 1 CRIMES . PART 1 CRIMES (Cleared) Tiburon Police Department 1991-1996 Comparison 500 t 400 t- 300 -1-- I , 200 t- 100 - o 1991 -1992 1993 1994 1995 . PART 2 CRIMES I. PART 2 CRIMES (Cleared) 1996 Tiburon Police Department 1991-1996 Comparison 30 20 10 o Tiburon Police Department 1991-1996 Comparison 60 . 50 11 - . - - - - - - - - - - - - -. - - - - - - - - - - - - - - - 40 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I 30 - 20 - 10 - o 1991 I Tiburon Police Department 1991-1996 Comparison 140 . 120 r- 1 00 +- 80 IT - 60 ,- 40 L I 20 +- o ---- - - - - -- -- - - - -- -- --- -- - - -- -- - -- - - -- -- j -- -- - - -- -- - ---- - -- - ---- - -- -- --1 1991 1992 1993 1994 1995 1996 Theft . From Auto . Petty . Grand D Grand Theft Auto Tiburon Police Department 1991-1996 Comparison 6000 5000 - 4000 1_ 3000 - 2000 J,- 1000 L t o ' 1991 1992 1993 1994 1995 1996 Calls for Service Tiburon Police Department 1991-1996 Comparison 80 ' t 60 + . - - - - - - - - - - - - - - - - - - . - - - - - - - - - - - - - - - . - - - - - - 40 20 - o 1991 1992 1993 1994 1995 1996 Traffic Collisions I_Injury _ Non-Injury I @~ Tel September 12, 1996 Il-e~ ::tFfr; Mr. Robert Kleinert Town Manager Town of Tiburon 1155 Tiburon Blvd, Tiburon, CA 94920 fO)' rt~ (c? n~:; \j \\/1 rt~ ; I'~\\ I ::;" '_;;;::'1 ~'J \.;::::;J -tJ \'1 L::-..:J ! I ) I I :I i", J/ , !1 ',' ,_",/ .... ,'<..I,.IJ 1 '0) i;:,q/. '_.' ~. t ~ " '.' 1-1 TOINt-1 i'-I~Aru\G[rrG o:.:r:iCE TCjiJ~,1 OF T!~;UnON RE: Line Extensions Dear Bob. I look forward to seeing you and having the opportunity to discuss line extensions of cable television service in the Town of Tiburon. I appreciate your concern and those of the Town Council on this matter. As you are aware, Section 13 of the Franchise Agreement. outlines the requirements for future line extensions and provides specific guidelines. I have attached a copy of Section 13 for your reference. TCI understands your community desires to have a wide variety of programming options. In an effort to provide more information. to areas where service is unavailable and there are no immediate plans to extend cable service. we often refer residents to one of the satellite dish service companies. Today there are a variety of options available to residents in selecting a provider for their home entertainment. If you have any questions concerning this matter, please contact me at (415)459-5333. Sincerely, -Ju., ~~ Shirley Gulbransen General Manager encl osure Tel Cablevislon of California, Inc. 1111 Andersen Drive San Rafael, CA 94901 (415) 459.5333 FAX (415) 258.0136 An Equal Opportunity Employer residential unit or unit~,_within ninety (90) days from the date of occupancy. ~.~ ~" , " Section 13. Line Extensions - Upon written request from any resident desiring Cable service, Viacom shall extend its Cable System to any residential unit that is located on a portion of any Street with a density of fifty (50) or more separate residential units per 1 inear mile, as measured from the closest contiguous Cable distribution point; provided that such residential unit is unable to receive at least three (3) San Francisco broadcast television stations. In cases where such residential units are able to receive at least three (3) San Francisco broadcast television stations, Viacom shall provide an amount equaling $750.00 per subscribing residential unit toward the cost of extending Cable Service. Viacom's contribution shall increase annually as follows: -Year one through year five, 100% of the San Francisco Bay Area Consumer Price Index Builders Code, -Year six through year ten, two thirds (2/3) of the San Francisco Bay Area Consumer Price Index Builders Code, -Year eleven through year fifteen shall equal the amount contributed at the close of year ten. In addition, Viacom will, in a timely manner, negotiate all assessments required for the extension of its Cable distribution plant, with each City/Town or County. 'Once the assessment is determined, Viacom will pay $750.00, to increase annually in proportion with the San Francisco Bay Area Consumer Price Index Builders Code, per SUbscribing household toward the cost of extending its distribution system to said household or households. The remaining costs of extending the distribution plant shall be levied only on the residents of that Town. Charges for line extensions to the property lines are exclusive of standard installation Charges which will be added to the property line. Upon written request from any Resident desiring Cable Service, Viacom -12- shall extend its Cab1e.:.>~ystem to any residential unit. (within the service I '; area) that is located on a portion of any Street with a density of less than fifty (50) separate residential units per linear mile, as measured from the closest contiguous Cable distribution point; provided that such residential unit is unable to receive at least three (3) San Francisco broadcast television stations, and provided further that the cost of Viacom's time and materials shall be shared equally among all Residents requesting service in the extension area, except that Viacom will absorb the first Seven-Hundred and Fifty Dollars ($750.00) incurred for the extension of the Cable System to each Resident requesting ~ab1e Service. Viacom's contribution shall increase annually as follows: -Year one through year five, 100% of the San Francisco Bay Area Consumer Price Index Builders Code, -Year six through year fifteen, two thirds (2/3) of the San Francisco Bay Area Consumer Price Index Builders Code. Section 14. Temoorarv Removal of Cable for Relocation of Buildinqs - Viacom, upon seventy-two (72) hours advance written notice from any person holding a building permit issued by the Town, shall temporarily remove, raise or lower its Cable to permit the moving of bui 1dings. The expense of the temporary removal, raising and lowering of Cable. shall be paid by the person requesting the same. Viacom shall have the authority to require payment in advance. Section 15. Changes Required by Public Imorovements or Emergencies - Viacom shall, upon 4B hours advance notice, at its expense, protect, support, temporarily disconnect. relocate in the same Street or other public place, or remove from the Street or other public place, any of its property when required by the local Director of Public Works by reason of traffic conditions, public safety, Street vacation, freeway and Street construction, -13- Robert Kleinert Town Manager TOWN OF TfBURON 1155 Tiburon Blvd. Tiburon, CA 94920 Peter Mayne 1- !eM.. /U. :r ..i=;\ .~" (f"f'co n\\l7~ \r\\ !g<~~0GU~! ~ U) \[U ~ w i~UG j 0 i~96 it:. \61 o 11 r TOW:'~ MANAGER'S OFFICE TOWN OF TIBURON August 27, 1996 Re : Old Landing Road Sewer Assessment District(OLRAD) Dear Bob Thank you very much for your kind letter of August 21 st All of us also thought that our 8/15/96 meeting went well, and that good progress was made in our annexation discus- sions. We certainly appreciated your impressive delegation of Tiburon Town and Council members, and noted with particular satisfaction your unanimous agreement to proceed in ~ a mutually amicable fashion by deferring any OLRAD annexation decision for one year. 1\. As agreed, I will send you and Mayor Wolf our draft summary of this meeting, for your review, comments and additions/deletions etc. Then, at Tiburon's initiative and with suggested participants beyond OLRAD we will meet again to continue this productive dialogue. Unfortunately urgent business matters require me to be in Europe until Sept 23d, but I will have the promised draft to you that week of9/23. Meanwhile 1 wish you all a pleasant back-to-school week, and remain very truly yours, ~\","l, Cc: - Nicky Wolf - Paradise Drive Property Owners Assoc. - Jeff Chanin 4350 Paradise Drive · Tiburon · 94920, USA Tell Fax (415) 435-5625 TOWN COUNCIL STAFF REPORT TO: TOWN COUNCIL MEETING DATE: SEPTEMBER 18, 1996 FROM: JA YNI ALLSEP CONTRACT PLANNER AGENDA NO: 8 SUBJECT: APPEAL OF ADMINISTRATIVE DECISION TO ISSUE A BUILDING PERMIT FORA NEW SINGLE FAMILY RESIDENCE, GUEST HOUSE AND STUDIO AT 185 GILMARTIN DRIVE APPELLANTS: HARVEY AND EMILY A. POPPEL PROPERTY OWNER: PETR KIRITCHENKO RECOMMENDATION: 1. Deny the appeal of Staff's intent to issue the building permit for the project at 185 Gilmartin Drive; and 2. Adopt the attached Resolution ratifying the policy of the Town P1a.nnillg Department to extend design review approval under limited circumstances relating to internal processing delay. BACKGROUND: On April 21, 1994, the Design Review Board (DRB) approved Site and Architectural plans for the project at 185 Gilmartin Drive. The project includes the construction of a single family residence, guest house and studio. The DRB approval was appealed by Harvey and Lee Poppe!, and on August 17, 1994, the Town Council adopted Resolution No. 3049, denying the appeal and approving the application for site plan and architectural review, subject to the conditions contained in the resolution (see Resolution No. 3049, attached). A building permit application and construction documents for the project were submitted to the Tiburon Building Department, along with appropriate fees on June 17, 1996. Although the building permit application and construction documents were submitted more than 60 days prior to the expiration date of the Site Plan and Architectural Review approval, the permit was not issued due to an internal delay in processing the permit as outlined in the analysis section below. Upon learning that it is Town Staff's intent to issue the building permit for the project at 185 Gilmartin Drive (assuming that the construction plans are found to conform with the design review approval and state and local building codes), Mr. and Mrs. Poppe1 filed the subject appeaL TOWN COUNCIL STAFF REPORT SEPTEMBER 18, 1996 Pursuant to Section 105.1 of the 1994 Uniform Building Code, such appeals of orders, decisions or determinations made by the Town Building Official are considered by a Board of Appeals. Chapter 13 of the Town's Municipal Code (Building Regulations) designate the Town Council as the Board of Appeals. The following is a chronology of the Design Review and Building Permit process for this project. Apri121. 1994 - Site and architectural plans for the residential development at 185 Gilmartin Drive are approved by the Design Review Board (DRB). May 2. 1994 - Harvey and Lee Poppe\, residents of 147 Gilmartin Drive, files an appeal of the Design Review Board's action to approve the plans for 185 Gilmartin Drive. May 18 1994 - The Tiburon Town Conncil considers the Poppel's appeal of the Design Review Board's approval. After considering all of the evidence in the record, the Council voted 3-2 to remand the application to the Design Review Board (DRB) for the following specific concerns: trellises landscaping, the amount of hardscape, lighting, views, and number/siting of accessory buildings. July 7 1994 - The DRB hears the matter again and considers the concerns raised by the Town Council. After reviewing the revised plans for the project, the Design Review Board votes to recommend that the Town Council approve the revised proposal with conditions. August 3 1994 - The application is brought back to the Town Council for a second public hearing on the appeal. After considering the revised application, the July 7, 1994, action of the Design Review Board and the entire record of the project, the Town Council votes unanimously to deny the appeal and approve the application for site plan and architectural review, subject to certain conditions. August 17 1994 - Town Council adopts Resolution No. 3049, denying the appeal and approving the application for site plan and architectural review, subject to the conditions contained in the resolution. January 1996 - Project architect, Miles Berger, contacts staff to confirm the time frame of the Design Review approval and to inquire about the building permit and plan check process. Planning staff advises Mr. Berger that he should allow six to eight weeks for the plan check process to be completed. June 17. 1996 - Mr. Berger submits building permit application and constrnction documents to the Tiburon Building Department, along with appropriate fees and a cover letter dated June 14, 1996 (see attached ). July 16 1996 - Planning Staff completes design review conformance check Note: the actual conformance check was completed within a period offour working days. The conformance check process was delayed due to a number of reasons: Limited Planning Staff (June resignation of Associate Planner Dan Catron, planned time off of Design Review staff member), the July 4th TOWN COUNCIL STAFF REPORT SEPTEMBER 18, 1996 Page 2 holiday, and a high volume of design review and building permit (conformance check) applications during the months of June and July. July 17. 1996 - Planning Staff advises Mr. Berger that conformance check has been completed and that construction document have been transmitted to Independent Code Consultants (ICe) for plan check review. Mr. Berger expresses concern about the time frame of the building permit process. Staff assures Mr. Berger that consistent with Town policy, since he submitted the building permit application at least two months prior to the expiration of the design review approval, the approval would remain valid so long as the applicant continues to work diligently toward obtaining the building permit. July 29. 1996 - Staff writes follow-up letter to the property owner, Mr. Kiritchenko, explaining the Department policy regarding delays in the building permit process that are beyond the control of the property owner and applicant (see letter to Mr. Kiritchenko, dated July 29, 1996). August 7 1996 - Comments on plan check review from ICC received by project architect August 20. 1996 - Revised plans re-submitted to ICC for final review. August 20 1996 - Letter submitted by Albert Bianchi, attorney representing appellants Harvey and Lee Poppe1 regarding time frame of Design Review approval of 185 Gilmartin Drive (see attached letter dated August 20, 1996). August 23 1996 - Town Manager sends letter to Mr. Bianchi explaining the Town's policy regarding internal delays of processing building permits and the Town's intention to issue the building permit if the construction plans are found to conform with the design review approval and state and local building codes (see attached letter from Town Manager to Mr. Bianchi). August 29. 1996 - Construction documents re-submitted to Town Building Department by ICC. August 30 1996 - Letter submitted by plaIllling consultant Scott Hochstrasser, representing appeDants Hmvey and Lee Poppel, appealing the Town's intent to issue the building permit for 185 Gilmartin Drive. September 6. 1996 - Appeal form and fee submitted by Poppels. ANALYSIS: Appellants' Grounds for the Appeal' The following is a summary of the issues raised in the letter from Mr. Hochstrasser dated August 30, 1996, which represents the appellants' grounds for appeal. Staff's response to each issue follows. ISSUE 1. Tiburon Town Council Resolution No. 3049, which approved the design review for 185 Gilmartin Drive, contains specific conditions specific to this particlllar project TOWN COUNCIL STAFF REPORT SEPTEMBER 18, 1996 Page 3 regarding the expiration of the approval. Resolution No. 3049 was adopted on August 17, 1994 and the two-year approval period ended on August 17, 1996. RESPONSE: Section 4(a) of Town Council Resolution No. 3049 reflects the standard wording regarding expiration of Site Plan and Architectural Review approval after two years, as contained in the zoning ordinance applicable to this project (No.9 N. S. as amended). In cases where staff is unable to issue a building permit prior to the expiration due to an internal processing delay, it is the Town's policy to issue building permits after the stated expiration date provided that the applicant has submitted the application for a building permit at least six to eight weeks prior to the stated expiration date. Although the two-year period ended on August 17, 1996, it is Stafi's intent to issue the building permit for the project at 185 Gilmartin Drive, based on the above policy and for the reasons set forth below: . Project architect Miles Berger submitted the building permit application and construction documents for the project to the Tiburon Building Department on June 17, 1996, more than 60 days prior to the August 17, 1996, expiration date of the Site Plan and Architectural Review approval. . There were internal delays in completing the required design review conformance check due to the following circumstances: Limited Planning Staff (June resignation of Associate Planner Dan Catron, planned time off of Design Review staff member), the July 4th holiday, and a high volume of design review and building permitl confonnance check applications during the months of June and July. . The delay in processing the building permit is due to reasons beyond the control of the applicant rather than lack of diligence on the part of the applicant. Based on the advise of Staff; the project architect submitted the building permit application and construction docwnents for the. project more than 60 days prior to the expiration date of the Site Plan and Architectural Review approvaL Although this would normally allow sufficient time for review and issuance of a building permit for the project, there was an internal delay in processing the permit due to the circumstances outlined above. Under the circumstances, Staff believes that there was substantial conformance with the limits of the Site Plan and Architectural Review approval. ISSUE 2. Condition 4 (a) specifically states thilt unless a bllilding permit has been obtained the approval shilll expire. As of the date of this letter no permit has been obtained RESPONSE: Comment noted. As stated previously, Section 4(a) of Town Council Resolution No. 3049 reflects the standard wording regarding expiration of Site Plan and Architectural Review approval, as contained in the zoning ordinance. Although a building permit application and construction docwnents for the project were submitted more than 60 days prior to the expiration date of the Site Plan and Architectural Review approvaL a permit was not issued due the internal delay TOWN COUNCIL STAFF REPORT SEPTEMBER 18, 1996 Page 4 in processing the permit as outlined above. The issuance of the building permit is on hold pending consideration of this appeal. ISSUE 3. Condition 4 (a) specifically states that not only must the building permit be obtained, but construction must have also commenced and be diligently pursued toward completion or the Design Review expires. No construction has commenced on the site as of the date of this letter. RESPONSE: The applicant has diligently pursued this project by filing the building permit application and making the necessary revisions to the construction documents in a timely manner. As explained above, a building permit was not issued within the normal time frame due to the internal delay in processing the permit. The issuance of the building permit is on hold pending consideration of this appeal. Chapter 13 of the Tiburon Municipal Code (Building Regulations) does not permit construction to commence without first obtaining a building permit from the building inspection division. ISSUE 4. ISSUE 4a The applicants have not diligently pllrsued obtaining the permit and/or commencement of construction as demonstrated by the following facts: The original applicants who received the project Design Review approval are no longer the current owners of the property. RESPONSE: The applicants have demonstrated diligence by filing the building permit application and making the necessary revisions to the construction documents in a timely manner. As with any Site Plan and Architectural Review (Design Review) approvaL the approval issued for the project at 185 Gilmartin Drive runs with the property and is not affected by the transfer of ownership of the property. ISSUE 4b The building permit was filed on Jllne 17, 1996, eight weeks before the Design Review expired..the Town Manager's letter states that under normal circllmstances the buildingpermit process takes 6-8 weeks. However, this is not a normal project because the application is for over 13,675 square feet of building development. The building plans have been in the review process for over nine weeks and were found to have several deficiencies. The plans need several revisions to comply with building code requirements. RESPONSE: As stated above, Staff advised the applicant to allow six to eight weeks for the building permit process to be completed, which under normal circumstances is sufficient time for the building permit process to be completed. In addition, the delay was not due to the scope of the project, but due to the internal delay in processing the permit as outlined above. Furthermore, the nwnber and type of plan check revisions to the construction documents for this project were typical of any residential development and was not the cause of delay. ISSUE 4c No attempt to commence construction has been made before the Design Review approval expired and the Design Review has not been vested physically on the land TOWN COUNCIL STAFF REPORT SEPTEMBER 18, 1996 Page 5 in any w0'. RESPONSE: As explained above, a building permit was not issued within the normal time frame due to an internal delay in processing the permit. The issuance of the building permit is on hold pending consideration of this appeal. Chapter 13 of the Tiburon Municipal Code (Building Regulations) does not permit construction to commence without first obtaining a building permit from the building inspection division. ISSUE 5. The property owner is not the same as when the original Design Review was approved At the time the original Design Review was approved in 1994 the property owner had established, thrOllgh the cOllrts, application of 1985 Town of Tibllron design policies and regulations.... The original property owner has lost their right to develop a house that is sllbstandard under the current rules. The Town must take the opportunity to correct a substandard condition and plan for development of the property at 185 Gilmartin Drive consistent with the current design standards. RESPONSE: The Stipulated Settlement Agreement dated April 6, 1988, granted the prior owner the right to develop the property under the 1985 policies and regulations for a period of ten (10) years. The Town Attorney has reviewed the terms of the Stipulated Settlement Agreement between the Town and the previous owners of the property and has advised Planning Staff that the transfer of ownership of the property does not change the Town's obligation to abide by the Settlement Agreement. The Settlement Agreement expressly inures to the benefit of all successors of the property. Resolution Rati1Ying the Policy of the Town Pl.nning Dl:Partment Staifbelieves that the current policy of extending Site Plan and Architectural Review approval under limited circumstances is consistent with the intent of the Zoning Ordinance and is a fair and reasonable way to avoid the wasteful and repetitive process of requiring applicants to resubmit the project for review and approval by the Design Review Board. To avoid any future controversy, Staff recommends that the att"ched resolution be adopted which ratifies the existing practice and Town policy of extending Site Plan and Architectural Review approval under limited circumstances. RECOMMENDATION: It is Staff's opinion that it is particularly appropriate in this case to apply the Town's policy of extending Site Plan and Architectural Review approval under limited circumstances relating to internal processing delays. Staff believes that it would be inconsistent with the intent of the Zoning Ordinance and the efficient administration of the Planning Department to require that the applicant resubmit the project for review and approval to the Design Review Board (and if appealed, to the Town Council) because a building permit could not be issued within the normal time frame due to delays that are beyond the applicant's control. Staff recommends that the Town Council deny the appeal of Staff's intent to issue the building permit for the project at 185 Gilmartin Drive. Furthermore, Staff recommends that the Town Council adopt the attached Resolution ratifYing the policy of the Town Planning Department to TOWN COUNCIL STAFF REPORT SEPTEMBER 18, 1996 Page 6 EXHmITS: L Appeal Notice dated September 6, 1996, with attached letter from Scott Hochstrasser, dated August 30, 1996. 2. Town Council Resolution No. 3049, Denying Appeal ofDRB Decision and Approving Site Plan and Architectural Review for 185 Gilmartin Drive. 3. Letter from Miles Berger, Berger Detmer Architects, dated June 14, 1996. 4. Letter to Mr. Petr Kiritchenko, dated July 29, 1996. 5. Letter from Albert Bianchi, dated August 20, 1996. 6. Letter of Response From Town Manager to Albert Bianchi, dated August 23, 1996. 7. Draft Resolution. TOWN COUNCIL STAFF REPORT SEPTEMBER lB, 1996 Page 7 (. < '. -. TOWN OF TIBURON fi'l~r"r:-:~'l.I'~~ .' L.:a~JJ 'f' SEP U ... 1996 NOTICE OF APPEAL , .' TOW,\! OF TISUFlON F. ., "!1:\'("'" C" ' _....~. ~.;.;.;I 0".( ~~!..Di:-\3 CE?T: APPELLANT Name: ~VZL. ,{T' L~L A'. P~.I€.-/ &, .:7_~L. C:M?;i;#uA.c...,;z:rv4 Address: 4fJ!. ~A;.oy ~IC. ~ B ~....,.:;;-'" c,.,. I Telephone:Q,t))l/-s1-~U..'f (Work) @,~) 4<;;"7 - ~I 0 9<1n"CJ (Home) ACTION BEING APPEALED Body: - JI' LJ~ ~.....~d~ #~_r_r....,.& ~.r<--.. . , Date of Action: <t' -z.~ -'7 c.. NameofApplicant:~I'~ KI-t..,,-.:A/4.YKO ;:;{ S~.a;h;rz;:;1!.<. ~ Nature of Application: DES/~ ~A:u It(' w /<l ~ ~tI.",.,~--r,;::j "';Z).4v~ I GROUNDS FOR APPEAL (Attach additional pages, if necessary) ~,{, ~ ~~d ~C/ /Y/A-'~ ~-3C- 9C' 70.' ~~,..... ./ -/"'~ . I ah~.JCt./ ~.' -So~L, ~rM"r.t;< , ~r~,,"f"e;...,_/~^,,~ ~d'~. c.c ( P.12- h. V\A.'~~ (kl f- (UW;) A4;Vt+68( q-&-90 To laP c.&. fe, .....~ cf EXHIBIT NO. 1 - (CJwN Ce,6'4( c c ,. Scott L. Hochstrasser International Planning Associates v 42 Glen Drive. Fairfax, CA 94930 USA. phooe & fax (415)459-6224 August 30, 1996 Honorable Mayor and Town Council Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA 94920 VIA FAX AND U.S. MAIL RE: Appeal of Administrative Decision - 185 Gilmartin Drive Dear Mayor and Council: My office has been engaged to assist Harvey L. and Lee A. Poppel, who live at 147 Gilmartin Drive, which is next door to the property at 185 Gilmartin. The Poppels are concerned that the Town staff plans to issue a building permit for development at 185 Gilmartin Drive when clearly the Design Review approved by your Council on August 17, 1994 has expired, On August 20, 1996 Albert Bianchi, attorney representing the Poppe1s, sent a letter to Tiburon Town staff notifying them that the Design Review approval for 185 Gilmartin Drive has expired and is now null and void. (See attached copy of the August 20, 1996 letter,) Mr. Bianchi also made it clear that because the Design Review has expired the clients would oppose any issuance of a building permit relating to 185 Gilmartin Drive, On August 23, 1996 the Town Manager sent a letter to Mr. Bianchi's office notifying him that it is the Town policy to issue permits after the stated expiration date of design review approval where, the applicant has submitted the building permit application at least six to eight weeks before the expiration date. Moreover, the Town Manager made it clear that the Town intends to issue the building permit if the application and construction drawings are found to conform with the design review approval and building codes. On behalf of my client, I hereby appeal the administrative decision made by the Town Manager to issue the building permit if the construction drawings are found to conform with the design review approval and building codes. The basis for this appeal is as follows. 1. Tiburon Town Council Resolution No, 3049, which approved the design review for 185 Gilmartin Drive, contains conditions specific to this particular project (See condition 4,(a)), Condition 4. (a) specifically states that the approval shall expire and become null and void two years from the adoptions of the resolution. Resolution No. 3049 was adopted on August 17, 1994 and the 2 year period ended on August 17, 1996, I ( ( 2. Condition 4. (a) specifically states that unless a building permit has been obtained the approval shall expire, As of the date of this letter no permit has been obtained. 3. Condition 4. (a) specifically states that not only must the building permit be obtained, but construction must have also commenced and be diligently pursued toward completion or the Design Review expires. No construction has commenced on the site as of the date of this letter. 4. The applicants have not diligently pursued obtaining the permit and/or commencement .of construction as demonstrated by the following facts; a. The original applicants who received the project Design Review approval are no longer the current owners of the property. b. The building permit was filed on June 17, 1996, eight weeks before the Design Review expired, the Town Managers letter states that under normal circumstances the building permit process takes 6-8 weeks. However, this is not a normal project because the application is for over 13,675 square feet of building development. The building plans have been in the review process for over 9 weeks and were found to have several deficiencies. The plans need several revisions to comply with building code requirements. c. No attempt to commence construction has been made before the Design Review approval expired and the Design Review has not been vested physically on the land in any way. 5. As noted in item # 4. (a) above, the property owner now is not the same as when the original Design Review was approved, At the time the original Design Review was approved in 1994 the property owner had established, through the courts, application of 1985 Town of Tiburon design policies and regulations to their specific project. The major advantage to !Ising the 1985 regulations is that they did not contain a maximum' house size standard, The Town standards changed to limit maximum house size before the 1994 approval and this is still the case. As a result of the court action the house approved in 1994 is more than 2 times larger than what can be permitted today, The original property owner has now lost their right to develop a house that is substandard under the current rules. The Town must take the opportunity to correct a substandard condition and plan for development of the property at 185 Gilmartin Drive consistent with the current design standards. In summary, under the specific terms and conditions of the approval, your Council will find that the Design Review approval for 185 Gilmartin Drive clearly has expired and is now null and void. Accordingly, given the facts of this case as presented above, I strongly urge your Council to reject the Town Managers decision to grant a building permit even though the Design Review 2 ( ( .' \, is no longer valid. Finally, I hereby request that I be notified immediately if the Town of Tiburon or any contract department staff issues any sort of permit or intends to take any action whatever with regard to the property at 185 Gilmartin Drive. Sincerely, ~tHo:'!!sserq-~-1c,. 3 r L L ~ , , RESOLUTION NO, 3049 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON DENYING AN APPEAL AND AFFIRMING THE DECISION OF THE DESIGN REVIEW BOARD APPROVING SITE PLAN AND ARCHITEcruRAL REVIEW FOR 185 GILMARTIN DRIVE (AGTNS) WHEREAS, on September 2, 1993 and April 21, 1994, the Design Review Board ("DRB") held duly noticed public hearings to consider a site plan and architectural review application by Ms. Bonnie Agins to construct a new single family home with various accessory structures at 185 Gilmartin Drive; and WHEREAS, after fuUy considering the application and aU revisions made by the applicant, the relevant ordinances and regulations, the 1988 settlement agreement and all other oral, written and documentary evidence submitted, the DRB approved the application with conditions on April 21, 1994, by a vote of 2-0 (two members absent and one abstaining); and WHEREAS, the DRB approval was appealed in a timely manner by Harvey and Emily Poppel, owners of 147 Gilmartin; and WHEREAS, the Town Council held a noticed public hearing on May 18, 1994. The hearing was conducted de novo, with both the appeUants and the applicant aUowed to present aU relevant evidence. After considering all of the evidence in the record, the Council voted 3-2 (Ginalski, Nygren and Thayer-yes; Thompson and Wolf-no) to remand the application to the DRB for review by more than two members for the following specific concerns: treUises, landscaping, the amount of hardscape, lighting, views and the number/siting of accessory buildings; and WHEREAS, the DRB heard the matter again on July 7, 1994 and considered the concerns raised by the Town Council in light of revised plans submitted by Ms. Agins. After considering aU evidence raised in the public hearing, the DRB voted to approve the project with conditions by a vote of 2-1 (one member abstaining and one vacancy); and WHEREAS, the application was brought back to the Town Council for another public hearing on August 3, 1994. After considering the revised application, the July 7 action of the DRB, aU evidence presented to the Council that night and the entire record from the previous Council and DRB hearings, the Council voted unanimously to deny the appeal and approve the application for site plan and architectural review with conditions. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Tiburon that the appeal of the decision of the DRB approving site plan and architectural review for 185 Gilmartin Drive is denied and the application is approved based on the foUowing findings and subject to the conditions set forth below: 1 EXHIBIT NO. 2- - r L L , 1. The application was processed and reviewed pursuant to the terms of the Stipulated Settlement Agreement between Donald and Bonnie Agins and the Town of Tiburon, dated April 6, 1988. Based on Section 3,0 of that agreement, the application was reviewed under the policies, standards, ordinances and laws adopted by the Town as of October 16, 1985. These include the Town's previous General Plan, the previous' zoning ordinance (No.9 N.S. as amended) and the Hillside Design Guidelines, which have not been amended since October 16, 1985. The Council finds that the stipulated settlement is a valid agreement. 2. Under the applicable zoning ordinance, the property is zoned RPD-1. The project is on a parcel of 60,025 square feet. The approved project consists of a main residence of 10,446 square feet, a garage of 750 square feet, a detached guest house of 1,970 square feet and a detached studio of 509 square feet for a total of 13,675 square feet of building. This equals a lot coverage of 13.9 percent. 3. The Council finds that the project as conditioned is consistent with all applicable policies, standards and ordinances. Specifically, the Council finds that: (a) The project is consistent with the General Plan in effect on October 15, 1985. (b) The project is consistent with the building envelopes and other requirements of the master plan, precise plan and subdivision map approved for the Agins property, (c) The project conforms to the setback requirements in the applicable zoning ordinance. All of the approved structures are located within the building envelope (which establishes the setbacks) with only some small portions of roof eaves encroaching beyond the envelopes. Section l2(B) of the applicable zoning ordinance expressly permits roof eaves to encroach into setbacks up to two feet, This limit is expressly incorporated into the project by condition. (d) All three approved structures conform to the maximum height limit for the RPD-l zone. The primary structure is less than the thirty foot (30') maximum. Some portions of the two accessory buildings exceed the standard 15 foot limit for the RPD-l zone established by Section 10-4(D)2 of the applicable zoning ordinance, However, the Council finds, pursuant to Section 6-34 of that ordinance that the extra height is necessary by reason of the terrain of the property. In previous plans submitted by the applicant, both of the accessory structures were within the 15 foot limit, In order to move the accessory structures out of the Poppel's line of view to San Francisco, the structures were relocated on the eastern side of the property which slopes steeply, The only portions of the accessory structures exceeding the 15 foot limit are on the downhill sides of the structures. (e) Condition 9 of Exhibit B to the 1988 stipulated settlement between the Town and Ms. Agins (amendments to the Precise Plan) does not prohibit the two curb cuts approved for the project as it only addresses general access issues for the entire Agins subdivision. 2 r (f) As revised and conditioned, the approved project is consistent with the goals of the Design Guidelines for Hillside Dwellings. Since first reviewed by the Town in 1992, the structures have been relocated to preserve more of the Poppel's San Francisco view; the main building has been reduced in overall square footage; substantial portions of the structures are built below grade, thereby reducing the apparent mass and bulk; the main building has been reduced in apparent bulk and mass through redesign including changes in the rooflines, reduction of second story elements, moving the main and accessory structures further away from Gilmartin Drive; and addition of more landscaping (with reduced heights) while decreasing the hardscape of the project. (g) As revised and conditioned, the approved project is consistent with the surrounding neighborhood, While the overall project is quite large, it is on a parcel of approximately one and 1/3 acres. Evidence presented to the Council shows that in terms of lot coverage, percentage of hardscape and floor area ratios (although the latter is not directly applicable to the project because of the 1988 settlement agreement), the approved project is consistent with surrounding properties. 4. The project shall comply with the following conditions of approval: (a) This approval shall expire and become null and void two years from the adoption of this resolution unless a building permit has been obtained and construction has been commenced and has been or is being diligently pursued toward completion. L (b) The development of the project shall conform to the plans date stamped July 27, 1994, on file with the Town of Tiburon. Any modifications to the approved plans must be reviewed and approved by the Town. (c) All skylights shall be bronzed or tinted and no lights shall be placed in the we lis. (d) The applicant shall meet all requirements of other agencies prior to the issuance of a building permit. (e) Prior to' the issuance of occupancy permits, all landscaping and irrigation shall be installed in accordance with approved plans. The installation of plantings and irrigation shall be verified by a planning department field inspection prior to the issuance of the occupancy permits, (f) Prior to building inspection approval of the structure foundation, the builder shall provide graphic documentation of the "as-built" foundation heights and location by the project's structural engineer or a licensed land surveyor. The documentation shall be provided to the Tiburon Building Department prior to the building inspection approval of the structure foundation. L (g) The trellises shall not block the water view of the residence at 147 Gilmartin Drive, as viewed from the living and dining rooms of that residence. The trellises may be shortened in length or height or may be removed entirely to comply with this condition. Planning staff shall confirm that no blockage exists prior to issuance of the 3 . . I l L , .- building permit by viewing the trellises from the affected rooms at 147 Gilmartin Drive, The point of observation of the trellises shall be from an elevation of five feet above the upper floor level of the residence at 147 Gilmartin from the center of the dining room window, just behind the window. feet. (h) No roof eave or overhang may encroach into any setback more than two (2) PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on August 17, 1994, by the following vote: AYES: COUNCILMEMBERS: Nygren, Thompson, Thayer, Wolf, Ginalski NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ,MAYOR A TrEST: 4 BERGER DETMER \.c!-< . __.~ ~II June 14, 1996 Dean Blumequist Building Inspection Department T own of Tiburon Tiburon, California 94920 Re: Building Perrrit Application 185 Gilrrartin Drive Dear Dean, We are looking forward to beginning construction on the 185 G ilrrartin Drive project This is the property formerly owned by Mrs. Agins and it has a specific time frame around it's issuance of a building permit. We are rraking application fully two rronths prior to the August 17th deadline which we believe will give your department the time required to process the application. Please contact us with any questions you rray have or additional rraterial you feel are required for the application and issuance of penrit. Time is critical to us. Thank you for your help. Sincerely, _V'VV\ Wh ~& Miles Berger ' 400 MONTGOMERY ST PEN THO USE EXHIBIT NO, 3 SAN F RAN CIS C 0 C A l I FOR N I A 94 1 04 TEL 4 t 56770966 FAX 4 t 5 6 7 7 096 4 .0" <. TOWN OF TIBURON 1155 TIBURQN BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435.7373 FAX (415) HS.24)8 July 29, 1996 Mr. Petr Kiritchenko clo BergerlDetmer Architects 400 Montgomery Street The Penthouse San Francisco, CA 94104 Re: 185 Gilmartin Drive Dear Mr. Kiritchenko: This letter is intended to clarify the time-frame of the Design Review approval for the property referenced above. The Design Review application for 185 Gilmartin Drive was approved by the Tiburon Town Council (on appeal) on August 17, 1994. Pursuant to the provisions of the Zoning Ordinance (9 N.S.) applicable to this application, this Design Review approval is valid for a period of two years from the approval date, or until August 17, 1996. The building permit application and construction documents for the residence was submitted on JUIl,e 17, 1996, well in advanced of the two-year expiration of the Design ReviewapprovaL A period of six to eight weeks is typically required for the plan-check process to be completed, before a building permit can be issued. As staff realizes that the property owner and applicant cannot be held accountable for delays beyond their control, i.e, delays of Town staff and or consultants due to work load, vacation, illness, etc, it is the Town's policy that the Design Review approval remain valid so long as a building permit application, construction documents and appropriate fees have been submitted at least six to eight weeks prior to the Design Review expiration date, JlIld the applicant is diligently pursuing the issuance of a building permit and co=encement of construction. EXHIBIT NO. LJ ~. ., Mr. Kiritchenko 185 Gilmartin Drive July 29, 1996 Page 2 In summary, please be assured that since the building permit application, construction documents and fees for 185 Gilmartin Drive were submitted more than eight weeks prior to the Design Review expiration date, this approval will remain valid so long as the issuance of the permit continues to be diligently pursued. Please do not hesitate to contact me at 435-7396 if you have any questions regarding your permit application. Sincerely, ~~ JAYNI ALLSEP Contract Planner cc: Miles Berger Dean Bloomquist, Town Building Official . 1"\/' BIANCHI ENGEL KEEGIN & TALKINGTON LMTED lJABUTY PARTNERSHP ALIlERT I3IANCIII STAFFORD W. KEECIN VICTORIA W. T,UKINGTON WENDY L. WYSE ROBERT L. HARRISON JEFFREY S. SCHOPPERT VICKI L. RANDALL ATTORNEYS AT LAW OF CQU....SEL W. GREGORY ENGEL DANIEL T. BERNHARD August 20, 1996 HAND DELIVERED c~ :~: (]~~~ [~ :1 \\(7 ~~:.~ rf:~" ;~ " ld .~'. Tiburon Town Council Tiburon Town Hall 1155 Tiburon Boulevard Tiburon, California 94920 (l.vt:; '- L.'. T('\'-;;! ,J;,:~.i,:.:..G2;"1-.3 C;=;-iC: -;-,-,,",, ..".- : C;': Tl~~L'F:C'~'! Re: 185 Gilmartin Drive Honorable Mayor and Councilmembers: This office represents Harvey L. Poppe 1 and Lee A. Poppel, who live at 147 Gilmartin Drive, which is next door to the property at 185 Gilmartin Drive. Your records will show that the Town Council, on August 17, 1994, adopted Resolution No. 3049, which affirmed the decision of the Design Review Board approving a site plan and architectural review for 185 Gilmartin Drive. However, the resolution contained the following condition, among others: "(a) This approval shall expire and become null and void two years from the adoption of this resolution unless a building permit has been obtained and construction has been commenced and has been or is being diligently being pursued forward completion." I have been informed that no building permit has been issued for 185 Gilmartin Drive and that construction has not commenced. Therefore, under the specific terms of the quoted condition, the approval has expired and is now null and void. Accordingly, my clients wish to go on record opposing any issuance of a building permit relating to 185 Gilmartin Drive. Moreover, Tiburon Town Code section 4.02.11 states that: "Following the denial or revocation of an application for Site Plan and Architectural Review, no application for the same or substantially the same design or site plan shall be filed within one year of the date of denial unless the denial is made without prejUdiCEXInBIT NO, 5 COURTHOUSE SQUARE' 1000 FOURTH STREET. SUITE 600 . SAN RAFAEL. CALIFORNIA 94901.3182 TELEPHONE (415) 456-4000 . TELECOPIER (415) 456-1921 . INTERNET 75557.17J@compu.erve.com .. ,. .i BIANCHI. ENGEL, KEEGIN & TALKINGTON LDUTED LIABILITY PART:-;ERSHIP Tiburon Town Council August 20, 1996 Page 2 The failure of the developer to obtain a building permit and com- mence construction as required by the condition in the resolution constitutes an effective "denial or revocation" of the application. Accordingly, no application for the same or substantially the same design or site plan may be filed within one year. Further, although we are aware that Tiburon Town Code section 303(d) allows the building official discretionary authority to extend a permit under certain circumstances, such authority must be exercised before the permit has expired, and must be shown to re- late to circumstances where the project is unusually large or com- plex and where the permittee has proceeded with due diligence and made substantial progress, but is unable to complete the project because of unforeseen circumstances beyond the control of the per- mittee. None of those circumstances exist here. I will send a copy of this letter to the Tiburon Planning Depart- ment, and I request hereby that I be notified immediately if the Town of Tiburon or any department of the same receives any sort of application or intends to take any action whatever with regard to the property at 185 Gilmartin Drive. Respectfully, Clltedb~ Albert Bianchi AB:tb cc: Tiburon Planning Department Mr. and Mrs. Harvey L. Poppel Mr. Scott Hochstrasser TOWN OF TIBURON 1155 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435-7373 FAX (415) 435-2438 August 23, 1996 ~~.r-".::~'!.~t:=~ "J - , ..7 :..-biJ ,4UG ~j 1996 TOWN OF T18URCN .;:...:.. ::~::-~8;,A C~:~Dl~~8 ~:::?l: Albert Bianchi Bianchi, Engel, Keegin & Talkington 1000 Fourth Street, Suite 600 Tiburon, CA 94901-3182 ~;'--~----7D t.: '" . PI;", 1 :'. , Re: 185 Gilmartin Drive TC~,~" ,. -:~.. '-;CN PL~:\l\:::'_.... ,,;"';::"';;;~ia D:;?1: Dear Mr. Bianchi: This is in response to your letter to the Tiburon Town Council dated August 20, 1996, regarding the design review approval and building permit for 185 Gilmartin Drive. For the reasons set forth below, strict enforcement of the design review expiration date is not appropriate with respect to this project. Under normal circumstances, processing of building permit application documents requires six to eight weeks. The applicant for the subject project submitted the building permit application and construction documents on June 17, 1996, two months before the expiration date of the project's design review approvaL This submission was made after Town planning staff advised the project architect that submission of the necessary building permit documents at least two months before the expiration date of the design review approval would be considered timely. Unfortunately, due to unusually high workload and loss ofa member of the Town's professional planning staff, the Planning Department was unable to issue the building permit before August 17, 1996. It is the Town's policy to issue building permits after the stated expiration date of design review approval where, as here, the applicant for the project has submitted the building permit application and construction documents at least six to eight weeks before the expiration date and is working diligently to obtain the issuance of the permit and commence construction. That policy seems particularly appropriate in the present case. Accordingly, the Town intends to issue the requested building permit if the application and construction drawings are found to conform with the design review approval and state and local building codes. EXInBIT NO. (() Mr. Albert Bianchi August 23, 1996 Page 2 of2 If you have any further questions regarding this matter, please call Ann Danforth, the Town Attorney, at (415) 435-7370. vlidours Robert L Kleinert Town Manager cc: Mayor and Town Council ofTiburon Ann R. Danforth, Town Attorney Scott Anderson, Planning Director Jayni Allsep, Planning Department Dean Bloomquist, Building Official RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON RATIFYING THE AUTHORITY OF THE PLANNING DIRECTOR TO EXTEND ARCHITECTURAL AND SITE PLAN APPROVAL UNDER SPECillED CIRCUMSTANCES WHEREAS, under Chapter 4 of the Town's Zoning ordinance, the Town requires that new construction undergo Site Plan and Architectural Review by the Design Review Board; and WHEREAS, Site Plan and Architectural approval normally expires two years after the date of approval unless the applicant has obtained a building permit; and WHEREAS, the normal time for processing a building permit is six to eight weeks and therefore it has been the practice of the Planning Department staff to inform applicants to submit applications for building permits at least 60 days before the expiration date of their Site Plan and Architectural approval; and WHEREAS, from time to time the Town staff is unable to process the applications within 60 days because of the press of other business; and WHEREAS, it would be inconsistent with the intent of the Zoning Ordinance and efficient administration of the Planning Department to enforce the expiration date and require applicants to resubmit their projects for Site Plan and Architectural approval by the Design Review Board where the lapse of time is due to internal processing delays and not to lack of diligence on the part of the applicant; and WHEREAS, it has been the practice of the Planning Department in such cases to issue building permits after the expiration date of the Site Plan and Architectural approval where the applicant submitted the application for a building permit at least 60 days prior to said date and the Planning Director has determined that the lapse is due to internal processing delays rather than to lack of diligence by the applicant. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon, that: 1. The Council hereby ratifies the policy of the Planning Department to extend the term of Site Plan and Architectural approval where the applicant has submitted the application for a building permit at least 60 days prior to the expiration date of the applicant's Site Plan EXHIBIT NO. 9- and Architectural approval and the Planning Department staff has been unable to issue the building permit prior to said expiration date because of internal processing delays. 2. The Planning Director shall have the authority to grant said extensions for a period not to exceed 60 days. All previous decisions by the Planning Director to grant extensions pursuant to this policy are hereby ratified. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 18, 1996 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: NICKY WOLF, MAYOR Town of Tiburon ATTEST: DIANE CRANE, TOWN CLERK IkH# 3- TIBURON POLlCE DEPARTMENT MEMORANDUM TO: THE MEMBERS OF THE TIBURON TOWN COUNCIL (VIA TOWN MANAGER) PETER G, HERLEY, CHIEF OF POllCE DATE: SEP 12, 1996 FROM: SUBJECT: CITIZENS OPTION FOR PUBllC SAFETY (COPS) PROGRAM Assembly Bill 3229, known as the Citizens Option for Public Safety (COPS) Program (now California Government Code Sections 30061 et seq. and Revenue and Taxation Code Section 181890 et seq.) allocates $100,000,000 to cities and counties for police and district attorney services. These funds are designated as the Supplemental Law Enforcement Services Fund (SLESF). The Town of Tiburon's allocation is approximately $19,200! There is a strict Maintenance of Effort provision of the Bill which mandates that the funds cannot supplant funds already allocated to police or sheriff s departments. There are also yearly auditing requirements which mandate ensuring the funds are allocated to "front line" crime fighting areas. One requirement for receipt by a city of the funds is that there must be a public meeting each September to discuss what the funds will be allocated for. Based on the fact that the amount is insufficient to hire a much- needed officer lost due to budgetary constraints, it is the Police Department's recommendation that the funds be allocated for in-car video systems (costs range from $5000 - $7000/system). These video systems have proven their worth time and time again as not only an aid to addressing complaints against police officers, but, also, as a means of avoiding lengthy court trials -- both civil and criminal. They are also invaluable as an tool to tape various criminal acts. For example, a few years ago, the Town had to pay very high costs to respond to a lawsuit against it for actions taken by officers in an incident where both the officers and our police dog were injured after being attacked by two suspects. The injuries to the dog being so severe that she had to be retired from hcr service to the community. The entire incident took place directlv in front of a police unit. Would we have had the video system installed in the police unit at the time, a very costly criminal trial and even more costly Federal court trial would have undoubtedly been avoided as the incident would have been completely filmed by the video system -- that there would have been no "interpretation" of the events:' While the Town prevailed in the snil, the cost to the Town and ABAG was in the tens of thousands of dollars -- which does not even take into account the tremendous cost in terms of Police Department manhours necessary to defend the suit. Attorneys who represent cities in lawsuit., arising out of police actions call the in-car video system the "Police Defense Tool of the 90's." For this reason, the allocation of the State COPS funds received by the Town of Tiburon for acquiring this system is proposed. It is the Police Department's recommendation that the Tiburon Town Council approve this proposal for allocation of the COPS funding. 12 PETER CHIEF F POLICE ~ 'j b, " / r~; - t, ...;.--. .,~--# MEMORANDUM September 13, 1996 To: Bob Kleinert From: Hal Edelstein and Jim Wilson, Project Management Team ../Jb - ..) tAl Subject: New Town Hall !r AUTHORIZATION FOR CHANGE ORDERS The bidding documents for the new Town Hall included the basic requirements for a satisfactory building. However, several improvements have been proposed, some of which are necessary or desirable for functional reasons, and some that would improve the appearance and quality level. Therefore we have requested estimates from the Contractor for a number of such items. We have received quotations from Mid5tate Construction as follows: 1. Change the flooring material in Council Chambers from vinyl composition tile to maple hardwood tiles, glued down: , , , , . . . , , , , , , , $7,948 Comment: Hardwood is a more appropriate, warmer and attractive material for the Council Chambers than vinyl composition tile, and is longer lived. Carpet could not be used because of the intent to use the space for multiple purposes, including dancing and other activities that could not be done on carpet, We recommend that this change be approved. Extend exterior cedar vertical board siding and battens down over the concrete block foundation, to within 6" of the finished grade: maximum of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . $5,906 Comment: The cedar boards and battens is naw detailed to stop at the top of the concrete block foundation, As we see the building Tlsing out at the ground, it is evident that leaving 2 to 3 feet of exposed block will not present a satisfactory appearance. Also the proposed revision will provide a better waterproofing condition. We recommend that this change be approved not to exceed the amount indicated, We believe that the cost of the change may be reduced, and will work towards that end, Changes to partitions and doors; addition of low partitions: , . , , , . , , , , ,$11,244 Comment: Duri1J$. the course of laying out and verifying furniture layouts with stat! it was found that a number of partitions and doors had to be changed and added from the bid documents, Also law partitions were added to the Contractor's work rather than purchasing more expensive and less satisfactory screens from furniture manufacturers, We recommend that this change be approved. Change electrical outlets and lighting to accommodate furniture layout revisions and to add additional outlets: . . . . . . . . . . . . . , . , . . . , $10,999 Comment: Same reasons as above item. We recommend that this change be approved. Change acoustic tile ceiling in Council Chambers to a wood slat 'bakdT' $ acoustlc- c e cel mg, . . , , , , , , , , . . . . , , . , , . , , . . . , , . . , , . " 26,515 Comment: This change would provide a more attractive and esthetically warmer space in the Council Chambers, but it would be hard to justify this much additional cost. 2. 3. 4. 5. HE:\w5\tib\memtib Id6 6. Although desirable, this is not a high-priority item, and we cannot recommend that this change be approved, C~ange a~p~alt compos!tion roof shingles to synthetic "Eternit" slate shmgles slinilar to the Library: , , , . . . . . . . . . . . . . , . . . . . . . . . . . . . $56,806 Comment: Although many people have expressed a desire for this change, the additional cost would be substantial, although part of the additional cost would be made up over time because the life of the synthetic slate shingles is several times that of asphalt composition shingles. However, there is some opinion that the Town Hall cannot and should not emulate the Library materials, We suggest that we continue to investigate other materials for the roof that would be more substantial and attractive but would involve less additional cost than this estimate. As of this writing we have not received final estimates from the Contractor for the following: 7. Cabinets, casework and shelving: This work includes necessary built- in cabinets, casework, counters and shelving for work areas and public areas that were not part of the bid. The Council table is being deleted from the estimate because Anne Ellinwood has generally offered to pay the entire cost of the Council table, to be built by a furniture maker desi~nated by her. We have not yet received final prices for this work, but believe it will not exceed a maximum of: , . , , . . . . , . . . . . . , . , , . . . . . . . , , . , , . ,$20,000 Comment: We are investigating various means of reducing these costs, including, if necessary, olitaining other competitive bids. We recommend that this change be approved for expenditure not exceeding the maximum amount. 8. Clocks for the Clock Tower, Comment: There have been tentative offers to fund the clock(s), so there may be reduced or no cost to the fown, 9. Add cooling for occupied spaces not presently specified to be cooled in the construction contract, Comment: The Town staff has suffered for many years through uncomfortable days in the old Town Hall, and consequently nas repeatedly (and understandably) requested that their new spaces be cooled, Hoivever, the new Town Hall will be far better insulated in accordance with stringent California Energy regulations, and also the spaces will be mechamcally ventilated through the ducts that also provide heating. Provisions in the construction contract have been made to easily add cooling should it be desired later, We recommend that the building be occupied for a period of time before deciding this issue, HE:\w5\tib\memtib ld6 TOWN OF TIBURON MEMO ~. / t .!-C. lv"- -:jJ- /D-{L To: BUILDING ADVISORY COMMITTEE - PROJECT MANAGEMENT TEAM TmURON TOWN STAFF STAFF COMMENTS ON DIRECTION OF NEW TOWN HALL September 13, 1996 From: Subject: Date: BACKGROUND Staffwas recently asked to provide input to the new Town Hall Project Management Team regarding certain items that are still outstanding or that Staff would like to see included in the new Town Hall construction. The importance ofthis request and the purpose of our comments is two-fold: 1) Staffis looking forward to moving into the new Town Hall but has certain concerns about the viability of working in the new building; and 2) Many residents who voted for the new Town Hall did so in order to provide Staff with a better place to work. Staff's comments should be taken in the context of fulfilling the "spirit" and not just the "letter" of the voter mandate. COMMENTS Staff would like to see the following items included in the new Town Hall Construction: . AIR CONDITIONING This, by far, was top of the list. Staff is very concerned about being able to work in a building with no air conditioning, not only for health and safety reasons, but from a productivity standpoint as well. . FURNITURE Staff(and the Project Management Team) has spent many hours on furniture lay- out and planning. Staff is prepared to take most of the hodge/podge, hand-me- down furniture from the existing Town Hall with them and has asked for very little replacement furniture. However, due to the smaller size of offices and overall BUILDING ADVISORY COMMITTEE Page 2 September 13, 1996 work space in the new Town Hall, "built-in" furniture and cabinetry should be considered to maintain productivity in many offices and work areas. . ACOUSTICS Given the decrease in Staff work space in the new building, and the fact that Planning, Building, Design Review and Town Hall Reception will share contiguous public counter-space, Staff would like consideration given to floor, wall and ceiling materials that would provide a buffer for noise. . AESTHETICS Town Staff is happy to concur with the voters' desire that the new Town Hall not be the "Taj Mahal." However, given the momentousness of the occasion of erecting a new Town Hall, Staff would like to see consideration of materials for the roof, exterior siding, entry lobby and other visible public areas that would enhance the beauty of the building and make it, at the very least, somewhat compatible with the new Library under construction next door. Let's ensure that we have a Town Hall that the community can take pride in. If additional monies are required to achieve this, then it is important that the Town determine what monies are needed and determine appropriate funding sources. One possible money-saving idea concerns the proposed Clock Tower. Staff has heard that donations will be solicited for the clock. In addition, some have commented that a large clock face at the front of the building would be out of character with the pastoral view of St. Hilary's and the surrounding hills behind Town Hall. One suggestion would be to leave the tower empty or turn it into a tower similar to the one atop Westminster Presbyterian Church, thereby saving the Town money. The construction of the new Town Hall seems to be progressing well and is ahead of schedule. Town Staff offers its congratulations to the Building Advisory Committee, Architect and Contractor on ajob well done, and looks forward to the Committee's inclusion of the above items in the final construction phase. TmURON TOWN STAFF cc: Town Council MEMORANDUM TO: TOWN COUNCIL DATE: SEPTEMBER 18,1996 FROM: TOWN MANAGER ITEM: 1(-0 SUBJECT: DONATIONS OF ARTIFURNlTURE FOR NEW TOWN HALL BACKGROUND The Town has received several proposed donations of art objects and/or furniture for the New Town Hall from local residents. The Town's Project Management Team has been apprised of these proposals. RECOMMENDATION That Council establish an Art Donations Committee which can consider, accept and acknowledge those donations which would be appropriate for the New Town Hall offices or Council Chambers. If Council concurs with this recommendation then Staff will discuss the matter with the Heritage & Arts Committee and provide the Council with specific recommendations for the Committee. RLK: shm TIBURON TOWN COUNCIL STAFF REPORT To: TOWN COUNCIL TOWN MANAGER Meeting: Item No: SEPTEMBER 18, 1996 # ();4 From: Subject: SALARY & BENEFIT COMPENSATION ADJUSTMENTS - NON-REPRESENTED EMPLOYEES [FY 1996/97] This item is for Town Council approval of salary and benefit compensation adjustments for non- represented employees of the Town of Tiburon, effective July 1, 1996. A general salary increase of3.0 percent is proposed for most employees of this group. A $50-$75 per month adjustment is also recommended to the monthly medical insurance allowance provided to the mid-management employees of this group. Non-Represented employees of the Town include the following management and mid- management positions: Management Mid-Management Town Manager Town Clerk Town Attorney Senior Planner Planning Director Associate Planner Chief of Police Building Official Finance Director Police Secretary Superintendent Public Works Assistant Superintendent The total annual cost of the proposed adjustment in salary and benefit compensation is $24,405. There appears to be issues concerning equity adjustments in salary compensation for certain positions in the Non-Represented group. Stalfwill address these concerns in the near future. Recommendation: 1. Town Council approve the salary and benefit compensation adjustments proposed above, effective July 1, 1996. 2. Town Council adopt the draft Resolution authorizing implementation of the proposed compensation adjustments for the Town's Non-Represented employees. Exhibits: I. Draft Resolution - Compensation Adjustments, FY 1996/97 2. Table - Proposed Salary & Benefit Compensation Adjustment EXHIBIT 1. RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING EMPLOYEE COMPENSATION ADJUSTMENTS FOR NON-REPRESENTED EMPLOYEES FOR THE PERIOD JULY I, 1996 TO JUNE 30,1997 WHEREAS, Non-Represented positions of the Town are comprised as follows: Town Manager Town Attorney Chief of Police Planning Director Finance Director Supt. Public Works Assistant Superintendent Building Official Town Clerk Senior Planner Associate Planner Police Secretary WHEREAS, compensation levels for Non-Represented employees were most recently adjusted effective for the period July 1, 1995 to June 30, 1996; and NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town ofTiburon does hereby approve as follows: Salary Adiustment: A base salary adjustment of3.0 percent for all Non-Represented positions (excepting those of Senior and Associate Planner), to be effective July 1, 1996 Benefit Adiustment: The montWy medical insurance allowance provided to mid- management positions is to be increased to $375. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 1996 by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: BY: NICKY WOLF, MAYOR ATTEST: DIANE L. CRANE, TOWN CLERK EXIllBIT 2, The following Table presents the proposed salary and benefit adjustments: (1) a salary increase of 3.0% for all positions excepting those of Senior and Associate Planner which were upgraded through department restructuring and reclassification, and (2) standardizing the amount of the monthly medical allowance provided to mid-management positions. Table: Salary & Medical Insurance Allowance Adjustments Proposed for Fiscal Year 1996/97 Salary Medical AUowanee Change Position Current Proposed Change Current Proposed Change Net Town Manager $7,249 $7,466 $450 $450 Town Attorney 6,750 6,953 400 400 Planning Director 5,186 5,342 400 400 Chief of Police 6,370 6,561 400 400 Finance Director 4,473 4,607 400 400 Supl Public Works 4,725 4,867 400 400 Town Clerk 3,476 3,580 300 375 Senior Planner 4,000 4,000 325 375 Associate Planner 3,333 3,333 325 375 Bui]ding Official 4,082 4,204 325 375 Police Secretary 2,923 3,011 300 375 Assistant Superintendent 3,751 3,864 300 375 Monthly totals: $56,318 $57,788 $4,325 $4,700 Annual totals: $675,816 $693,451 $51,900 $56,400 Notes to table: The incremental change resulting from the salary adjusment is $17,635, from standardizing the regular medical insurance allowance, $4,500. Combined incremental costs are $22,135. Not included in Table calculations is the resulting incremental increase in annual PERS costs, which is $2,270 (for sworn public safety personnel (1) $488, for all others (11) $1,783. The total added cost of the proposed adjustment in salary and benefit compensation is $24,405 TIBURON TOWN COUNCIL STAFF REPORT To: TOWN COUNCIL FINANCE DIRECTOR Meeting: Item No: From: Subject: SEPTEMBER 18,1996 # /---1'-- . ---- - REALLOCATION OF GENERAL FUND RESERVES FISCAL YEAR 1996/97 Backl!:round: This item is for Town Council approval of recommended reallocations in the aggregate amount of $132,000, among the unallocated and designated reserves of the General Fund. Staffalso proposes the establishment and funding ofa new designated reserve to account for resources of the effort to plan and build new a Police facility. Proposed Reallocations: The following Table delineates the proposed reallocations among existing and new reserves of the General Fund. Schedule of Proposed Reallocations of General Fund Reserves Unal10cated Reserve Employee Compensated Leave Capital Equipment Replacement Capital Outlay Street & Drainage New Town Cent!:r Construction New Police Facility (a) Park Development Self-Insurance June 30, 1996 Estimated $925,000 227,000 273,000 19,000 232,000 1,451,000 o 7,000 166,000 $3,300,000 (a) Proposed new designated reserve of the General Food. Un allocated & Desil!:nated Reserves of the General Fund: Proposed Reallocations ($100,000) (32,000) o 50,000 42,000 o 40,000 o o $0 July 1, 1996 Revised 825,000 195,000 273,000 69,000 274,000 1,451,000 40,000 7,000 166,000 $3,300,000 This section provides a brief description of the basic purpose for, and current financial status of, the Unallocated and Designated Reserves of the General Fund. The use ofall General Fund 1 resources is a matter of policy concern and direction of the Town Manager and Town Council. General Fund Unallocated Reserve - Intended to reserve fund resources in the range of20% to 25% of planned operating budget expenditures. This reserve fund balance represents a contingency which allows the Town to mitigate the impact of adverse financial conditions. The estimated reserve balance on June 30, 1996 is estimated to be approximately $925,000. The planned 1995/96 Operating Budget is approximately $3,300,000: In accordance with recent budgetary practices, 25% would require a reserve of $825,000. The proposed reallocation of $100,000 to other designated reserves provides sufficient coverage for unanticipated fiscal impacts. Caoital Equipment Replacement Reserve (CERR)- To provide funding for General Fund departmental capital outlay expenditures. Reserve receives an annual depreciation allowance from each operating department of the General Fund; the current allowance is approximately $125,000, The estimated balance on June 30th is approximately $273,000, which represents nearly two years reserve funding for equipment replacement purchases. No reallocations are proposed. Capital Outlav Reserve - For acquisition, construction or improvement of public property and facilities. This reserve has recently been used for Town facilities' improvements (Administration, Police, Public Works, Council Chambers, etc.) Current estimated resources are $19,000. This has recently been used for repair of the Corinthian stairs and other planning costs associated with improvement or construction of public facilities. A reallocation of resources to this reserve in the amount of $50,000 is proposed. Employee Compensated Leave Reserve - To provide reserve funding for employee compensated leave costs. The current total liability for compensated leave approximately $260,000, the estimated reserve balance on June 30, 1996 is approximately $227,000. The proposed reallocation of $32,000 to other designated reserves leaves a balance of $197,000, which represents 75% funding of the combined leave liability. New Town Center Construction Reserve - For acquiring, constructing or improving new Town facilities. Fund established Fiscal Year 1993-94, following 1994 Measure M. Ballot. The reserve received a transfer of funds in 1995/96, the current estimated balance on June 30th is $1,451,000.1 No reallocations are proposed. New Town Police Facility Reserve - To be established for the purpose of providing and accounting resources for the costs associated with planning and constructing a new Police Facility. A reallocation of resources in the amount of $40,000 to this reserve is proposed. Park Development Reserve - To provide resources for the improvement or maintenance of park facilities, not accounted for in the General Operating Budget. The estimated June 30, 1996 balance is $7,000. This balance is maintained for possible single audit costs associated with the New Town Center Reserve: A transfer of funds in the amount of$125,000 from Flood Plain Interest funds is pending. 2 TDA grant funds received in 1995/96. No reallocations are proposed. Se1fInsurance Reserve - To provide reserve funding for coverage of Town's general liability and workers' compensation insurance programs. It has been suggested by our liability program risk manager that a reserve equivalent to three (3) occurrences, or $150,000, is an adequate minimum level. Current resources are approximately $166,000. No reallocations are proposed. Streets & Drainage Reserve - To provide resources for construction of improvements to the streets, curb and storm drain collection system. Estimated total resources are currently $232,000, a reallocation of $42,000 to this reserve is proposed. Recommendation: 1. Town Council approve the establishment ofa new reserve - New Town Police Facility Reserve - and adopt the proposed schedule of reallocations to certain designated reserves ofthe General Fund, to be effective for the Fiscal Year beginning July 1, 1996. 3 TIBURON TOWN COUNCIL STAFF REPORT To: TOWN COUNCIL TOWN MANAGER Meeting: Item No: SEPTEMBER 18, 1996 # /J.. c From: Subject: RECLASSIFICATION OF BUILDING SECRETARY POSITION & COMPENSATION ADmSTMENT Backl!round: This item is for Town Council approval of reclassification of the position of Building Secretary (currently staffed by Romney Fennell) to that of Permits Clerk. This action also requires a compensation adjustment. Discussion: As a result of the 1995 labor negotiations between the Town and its Miscellaneous (MAPE- represented) Employees Staff reevaluated the position of Building Secretary in terms of job characteristics and compensation. The position should be reclassified to incorporate the job duties and tasks which are non-secretarial in nature, and which now comprise a significant portion of the job. The position title which most closely matches current job responsibilities is that of Permits Clerk. There are few comparative benchmarks for this proposed reclassification: The Town's labor negotiator (IEDA) recommends a monthly salary range for the reclassified position of Permits Clerk, which compares to the current range for Building Secretary, as follows. Proposed Current Permits Clerk Building Secretary $2,413 - $2,943 $2,237 - $2,720 The Building Secretary is currently at Step-E, $2,720. It is recommended that the position be reclassified and the incumbent be placed at Step-D, or $2,803 per month. This represents a: salary adjustment of approximately 3.0%. It is also recommended that the reclassification and readjustment be implemented retroactive to January 1, 1996. The estimated total added cost of the reclassification is approximately $900. Recommendation: 1. Town Council approve the recommended reclassification and salary compensation adjustments proposed above, to be effective on January 1, 1996. Exhibits: 1. MAPE correspondence, dated 8/12/96 2. Staff Memorandum, dated 9/11/96 MAPEl SEIU 949 ;:-~ :-- I I J .--I ;/ Marin Association of Public Employees! SEIU Local 949 AFL--CIO Steve O'Keefe Executive Director representing public employees in the following jurisdictions: Central Marin Sanitation Agency City of Novato City of San Rafael City of Sausalito College of Marin County of Marin Marin County Housing Authority Marin Municipal Water District Marin/Sonoma Mosquito Abatement District Town of Corte Madera Town of Fairfax Town ofSaR Anselmo Town of Tiburon August 12, 1996 Robert Kleinert Town Manager Town of Tiburon 1155 Tiburon Blvd. Tiburon, California 94920 Re Reclassification Romney Fennell, Building Secretary Dear Robert This letter will serve as a follow up to our meeting of August 6, also attended by Ms. Fennell, Union Steward Heidi McVeigh, Dean Bloomquist, BUilding Official and Scott Anderson, Planning Director The department reviewed Linda Becker's findings in the classification/compensation analysis for the position of Building Secretary and the union presented it's views in connection with the issue. Ms. Fennell and I have had an opportunity to assess the findings of Lmda Becker and agree that the position be reclassified to Permits Clerk and that the salary as recommended be adopted as well. In view of Ms. Fennell's over ten (10) years of demonstrated abilities in the Building Division and her current placement on the salary schedule at step E, we believe that placement in the new class be also on the step E. We request that this increase be made retroactive to January 1996, the date that the other classification issues were approved. Please call or write to confirm your response to our requests. Thank you for your consideration of this long-standing issue Sincerely. /.JvJ' c Romney Fennell Heidi McVeigh -tf~ 4340 Redwood Highway, Ste. A37, San RaJaet, CA 94903-2106, 415/479-0949 (FAX) 415/479-0963 <; J --(. MEMORANDUM TO: ROBERT KLEINERT, TOWN MANAGER SCOTT ANDERSON, PLANNING DIRECTOR ~ FROM: SUBJECT: RECLASSIFICATION OF BUILDING SECRETARY TO PERMITS CLERK DATE: SEPTEMBER 11, 1996 I am in receipt of the letter from Bill Castellanos of MAPE/SEIU dated August 12, 1996. At your request, I have discussed this letter and the findings of the Town's consultant, IEDA, with the Town's Building Official, especially with regard to the retroactivity and appropriate step for the incumbent Building Secretary. It is our joint recommendation that the salary schedule put forth in our earlier discussions, based on IEDA's recommendations, be adopted; that the incumbent Building Secretary be reclassified immediately to Permits Clerk, with salary retroactive to January 1, 1996; and that the incumbent should be placed at Step D of the new salary range, with a review for possible step increase six months from the date of the Personnel Action Form (PAF) completion. Please let me know if you concur, and I will prepare the appropriate PAF. ~ :"1.. 1 "t) .< .j\> \..'(0 ... MAPEl SEIU 949 ,--- - r .' I I ) j / Marin Associario. of Public Employees! SEW Loca. 949 AiL-CIO Stt~e O'Keef~ Eut:udW! Dindor "1',eun.dnz PMblJc 6npJoy<<t in rite /.IImoin~ jarisdJctIMu: Celltral Mario Sanitation AgeDcy City ofNovalo City Dr San Rafael Oty of Sausalito CoUege of Maria County of Mario Marin Couoty Housing Authority Marin Municipal Water District Mllrin/Sonoma Mosquito Abatement District Town of Corte Madera Town of Fairfax Town or San Anselmo Town or Tiburon ~~17!l1 August 12, 1996 Robert Kleinert Town Manager Town of Tiburon 1155 Tiburon Blvd Tiburon, California 94920 Re: Reclassification Romney Fennell, Building Secretary Dear Robert: This letter will serve as a follow up to our meeting of August 6, also attended by Ms Fennell. Union Steward Heidi McVeigh, Dean Bloomquist, Building Official and Scott Anderson, Planning Director The department reviewed Linda Becker's findings in the classification/compensation analysis for the position of Building Secretary and the union presented it's views in connection with the issue Ms Fennell and I have had an opportunity to assess the findings of Linda Becker and agree that the position be reclassified to Permits Clerk and that the salary as recommended be adopted as wetL In view of Ms. Fennell's over ten (10) years of demonstrated abilities in the Building Division and her current placement on the salary schedule at step E, we believe that placement in the new class be also on the step E We request that this increase be made rettcactive to January 1996, the date that the other classification issues were approved. Please call or write to confirm your response to our requests Thank you for your consideration of this long-standing Issue. c Romney Fennell Heidi McVeigh 4340 R~dw()Od llighwlJY, St~ AJ7. San Rafael. CA 949'13-1106. 415/4i9.0949 (FAX) 415/479-0963 MEMORANDUM TO: TOWN COUNCIL DATE: SEPTEMBER 18,1996 FROM: TOWN MANAGER ITEM: /}.. -- () SUBJECT: NEW POLICE FACILITY BACKGROUND The Senior Housing Advisory Committee (SHAC) will soon be pursuing Requests For Proposals for Senior Housing at the Tiburon Town Hall site. The Town should now proceed with the schematic plan stage for the proposed New Police Facility to be located at Tiburon Boulevard and Ned's Way. These plans will provide specific detail and enable cost estimates to be prepared for the project. Timing is important now for the following reasons: A. To enable a Spring 1997 construction start. B. To provide necessary information for a grant funding application by the Town. RECOMMENDATION 1. That a new Restricted General Fund Reserve be established similar to the Town's New Town Hall Fund. This new reserve fund would be entitled ''NEW POLICE FACILITY". 2. That $40,000 be transferred at this time from the Town's General Fund Unallocated Reserve to the proposed New Police Facility Reserve Fund. 3. That the Building Advisory Committee (BAC) be authorized to proceed with contractual arrangements for the schematic design phase for the New Police Facility. RLK:shm