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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1101 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
INTERVIEWS:
JUNE 19, 1996
7:30 P.M.
6:30 P.M.
7:00 P.M.
PLEASE NOTE: lnon:lertogiYe all interested persons an opportunity to be heard, and to ensure the presentation ofall points of
view, members of the audience should:
(1) Always Address the Chair: (2) State Name and Address: (3) State Views Succinctly; (4) Umil Presentations to 3 minutes: (5) Speak
Directty into Microphone.
In compliance wiIh the Americans wiIh Disabilities Act, if you need special assistance to participate in this meeting, please contact Town Hail
(415) ~7373. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to
this meeting [28 CFR 35.102-3S.104 ADA TIlle II]
TIBURON REDEVELOPMENT AGENCY
A. ROLL CALL
B. NEW BUSINESS
I) APPROVAL OF MINUTES (October, 1995)
C. PUBLIC HEARING
2) PROPOSED BUDGET FY 96-97
D. ADJOURNMENT
TIBURON TOWN COUNCIL
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to 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. Mal/ers requiring action will be referred to
the appropriate Commission, Board, Commillee or Staff for consideration and/or placed on afuture meeting
agenda.
D. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES
1) BELVEDERErrmURON JOINT RECREATION COMMITTEE
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
F. CONSENT CALENDAR
The purpose afthe Consent Calendar is to group items together which generally do not require discussion and
which will probably be approved by one motion unless separate action is required on a particular item. Any
member of the Town Council, Town Sta.ft or the Public may request removal of an item for discussion.
2) TOWN COUNCIL MINUTES - May 29,1996 (Approval)
3) TffiURON TRIATHALON SPECIAL EVENT PERMiT - July 28, 1996 (Approval)
4) "SMOKE FREE MARIN' - Oppose AB 3037 - Extension of Bar Smoke Exemption
(Resolution) .
5) RENEWAL OF THREE-YEAR COMMUNITY DEVELOPMENT BLOCK GRANT
COOPERATION AGREEMENT - CITIES & COUNTY OF MARIN (Resolution)
6) BELVEDERE CENTENNIAL CELEBRATION - (Resolution)
7) DENIAL OF DESIGN REVIEW BOARD APPEAL - 2305 Centro West (Buckerfield,
Owner/Marans,Talbot, Wintersteen, Brown, Drew, Gehrmann, Appellants) - (Resolution)
8) AMENDED TOWN HALL CONSTRUCTION MANAGEMENT PLAN - (Resolution)
9) FAREWELL TO TOWN EMPLOYEE DAN CATRON, ASSOCIATE PLANNER -
(Resolution)
G. PUBLIC HEARING
10) APPEAL OF CERTIFICATE OF COMPLIANCE - BELVEDERE/TffilJRON
LANDMARKS SOCIETY -"DERRYBERRYPROPERTY"(between 1410& 1470Vistazo
West, AP# 58-223-11)
11) PROPOSED TOWN TWO-YEAR BUDGET PROGRAM - FY 1996-98
A. Introduction
B. Operating Departments
C. FinancelBudget Review Committee
12) REPEAL/ADOPT NEW CHAPTER 19 OF TOWN MUNICIPAL CODE -
ENCROACHMENT PERMiTS - (1st Reading)
H. NEW BUSINESS
13) SOUTHERN MARIN DISPATCH JOINT POWERS AGREEMENT - Review JPA
(Councilmember Thompson)
I. COMMUNICA nONS
J. STAFF & TOWN MANAGER REPORTS
14) UNION 76 SERVICE STATION EXPANSION - Blackfield Dr. & Tiburon Blvd.
K. ADJOURNMENT
Future Activities: Belvedere Centennial Parade - Sunday, June 23, 1996
Future A~enda Item: FY96-97 Street Repairs
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DATE OF MEETING: JUNE 19. 1996
NO. 11 -1996
DATE POSTED: JUNE 14. 1996
NOTICE OF STATUTORY AUTHORITY FOR HOLDING
CLOSED MEETING OF THE TIBURON TOWN COUNCIL
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 NEGOTIA TOR (Section 54957.6)
Agency Negotiator: Austris Rungis
Employee Organization: TPA (Tiburon Police Association)
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REDEVELOPMENT AGENCY
MINUTES
CALL TO ORDER
Chairman Thompson called the meeting of the Redevelopment Agency of the Town of
Tiburon to order at 7:31 p.m., Wednesday, October 18,1995 in Council Chambers, 1101
Tiburon Blvd., Tiburon, California.
A. ROLL CALL
PRESENT: BOARDMEMBERS: Ginalski, Nygren, Thayer, Thompson
ABSENT: BOARDMEMBERS: Wolf
EX OFFICIO:
Executive Director Kleinert, Finance Director
Stranzl, Planning Director Anderson, Police
ChiefHerley, Town Attorney Sharp, Minute
Clerk Crane
B. APPROVAL OF MINUTES
I. #RA-49-95 October 4, 1995
MOTION:
To approve Minutes #RA-49-95, as submitted.
Moved:
Vote:
Thayer, Seconded by Nygren
AYES: Unanimous
ABSENT: Wolf
C. BUSINESS MEETING
2. ADOPT AMENDMENT TO CECILIA PLACE SENIOR
HOUSING PURCHASE AGREEMENT (Resolution)
Finance Director Stranzl said that according to the terms of the Disposition,
Development and Loan Agreement (DDLA) between the Tiburon Redevelopment
Agency and the Ecumenical Association for Housing (EAH), the developer (EAH)
must purchase the aforementioned property by November 1, 1995. The amendment
allows the sale to go forward with County Community Development Block Grant
(CDBG) funds which will not be available until 30 to 60 days after the November 1
#RA-50-95
October 18, 1995
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date. EAH will make a cash down payment ofS35,000 and sign a promissory note
to pay the remainder of the funds ($215,000) upon receipt of the CDBG funds.
MOTION:
Moved:
Vote:
To adopt Resolution authorizing above Amendment to the DDLA
Thayer, Seconded by Nygren
AYES: Unanimous
ABSENT: Wolf
Boardmember Nygren said the plan was to break ground on the project in the
Spring. Finance Director Stranzl said a new project manager, Gideon Anders, had
been appointed by EAH for Cecilia Place.
D. ADJOURNMENT
There being no further business before the Redevelopment Agency of the Town of
Tiburon, Chairman Thompson adjourned the meeting at 7:34 p.m., sine die.
ANDREW THOMPSON, CHAIRMAN
ATTEST:
DIANE L. CRANE,
MINUTE CLERK
#RA-50-95
October 18, 1995
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OFFrCE OF THE TO'vVN '.".,A.'lAGER
Robert l. Klei:-ert
:EL 50652:96"
TOWN OF TIBVR.
410' 43.:] ~43cf
May 31, 1996
Mr. Tom Gram
8 Venado Drive
TibuTon, CA 94920
SUBJECT:
Dear Tom'
It has come t y attention that your current tenn on the Belvedere/Tiburon Joint
Recreation Commill' e nds in June, 1996. Please let me know if you are interested in being
considered fOT reapp injment, If you are, I will advise the Town Council accordingly so th~t they
can make a decision n, timely manner
The Town 0 : Ti uron has certainly been fortunate to have yO!':T continued participation,
especially as a chart' ember of the Joint Recreation Committee, We are very appreciati\'c of
your dedication and 1Ct nded service to the COlT'Jnunity
Very truly yours,
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Robert L. Kleinert
Town Man'tger
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TOWN COUNCIL
MINUTES
DRAFT
CALL TO ORDER
Mayor Wolf called the adjourned meeting of the Town Council of the Town of Tiburon to order
at 6:04 P.M., Wednesday, May 29, 1996, at Council Chambers, llOl Tiburon Boulevard,
Tiburon, California.
A. ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
EX OFFICIO:
Hennessy, Thayer, Thompson, Wolf
Ginalski
Town Manager Kleinert, Town Attorney
Danforth, Finance Director StranzI, Town
Clerk Crane
B. PUBLIC QUESTIONS AND COMMENTS
None,
C. UNFINISHED BUSINESS
1, New Downtown Town Hall Construction Project -
A. Review Contractor Bids
B. Review of Project Budget & Funding Sources
C. Authorize Award and Execution of Contract for Construction of New Town Hall
Facilities to Midstate Construction Company for $1,466,723.
D. Schedule Groundbreaking Ceremony for Friday, June 7, 1996 at 5:30 p.m.
Town Manager Kleinert recommended the award of contract to the lowest bidder, Midstate
Construction of Petal urn a, in the amount of$1,466,723. This represented the base bid and did
not include the four alternates for upgraded materials,
With regard to funding, Kleinert recommended setting up a construction contingency fund in the
amount of$125,000, He also recommended that the estimated $234,000 projected construction
budget shortfall be covered through fund transfers from the Town's General Unallocated Reserve,
Employee Compensated Leave Reserve, Property Development Fund and FY96-97 Interest
Earnings Allocation.
Town Manager Kleinert recommended amending the Project Management Plan [Resolution No.
3158] to appoint the Lands & Development Subcommittee (comprised of Councilmember
Thompson and Vice-Mayor Thayer) so that there would be direct contact between the Project
Management Team and the Council for change orders in excess of$5,000.
TOWN COUNCIL MINUTES # I 088
May 29,1996
I
He said the proposed date and time for the Town Hall groundbreaking ceremony was Friday, June
7 at 5:30 p.m.
Finally, Kleinert said it might be a good time for Council to consider creating a committee or task
force to generate additional funds and/or seek contributions and donations for furniture,
landscaping, and other amenities for the new Town Hall.
Mayor Wolf asked how much notice would be needed, and if special meetings of the Lands and
Development Subcommittee would have to be called to approve change orders of over $5,000,
Town Attorney Danforth said the previous Project Management Plan already provided for
approval of change orders for less than $5,000, and for approval on an emergency basis in the
event of potential danger to persons or property or to ensure a timely completion date.
Mayor Wolf asked if the ending unallocated balance included the PERS [public Employee
Retirement System] transfer. Finance Director Stranz) answered affirmatively. Mayor Wolf
commented that the ending balance was substantially lower than before,
Councilmember Thompson asked if there was any flexibility in the contract for reductions in cost
since the construction would be done in conjunction with the new library.
Jim Wilson, Co-Chair of the Building Advisory Committee, said he would have no problem
negotiating reductions as long as it didn't affect work that had already been started. He said that
after-the-fact value engineering had already been identified and could be incorporated into the
current contract as long as the intent of the contract was satisfied.
There was no other public comment.
Councilmember Thayer said he strongly endorsed Town Manager Kleinert's suggestion for a
fund-raising committee or task force, and said there were many knowledgeable citizens in Tiburon
which would make it a true community project.
Mayor Wolf objected to the transfer of funds from the Employee Compensated Leave reserve,
and noted that the Council had ensured its full funding last year.
Mayor Wolf also said she would prefer to leave the management plan as previously adopted.
Councilmember Hennessy concurred.
Building Advisory Committee Co-Chair Wilson said it was important to have a group that was
familiar with the details of the project as it goes along. He said the Library Board met every other
week to hear a report from their construction manager, and to make changes, etc.
In response to a question from Councilmember Thayer, Wilson said the Council would continue
to hear progress reports from the Management Team but not have to take action. The
TOWN COUNCIL MINUTES #1088
May 29, 1996
2
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Subcommittee could meet at the site and handle the ongoing details.
MOTION:
To Award the Contract for Town Hall Construction to Midstate Construction in
the amount of $1,466,723 by authorizing the Mayor to execute the Town Attorney
approved contract; to Amend Resolution No, 3158 by establishing a subcommittee
of the Town Council (Thayer and Thompson) to act on behalf of the Council to
approve change orders over $5,000; to Establish a Task Force of citizens for
fundraising activities; and to conduct the Groundbreaking Ceremony on June 7,
1996 at 5:30 p,m.
Moved:
Vote
Hennessy, Seconded by Thompson
AYES: Unanimous
ABSENT: Ginalski
Councilmember Hennessy asked the press to play up the Groundbreaking Ceremony and Fund-
Raising idea,
Council approved a draft invitation to the Groundbreaking event.
Mayor Wolf said she and (Belvedere Mayor) Stiger Johnson would meet to discuss the
Revitalization of Downtown Task Force.
Mayor Wolf also announced that no action had been taken in closed session.
D. ADJOURNMENT
There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf
adjourned the meeting at 6:27 p,m., sine die,
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL MINUTES # / 088
May29,/996
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SPECIAL EVENT PERMIT APPLICATION. TOW\J OF TIBURpN
DATE
May 28, 1996
Sponsoring Group or Organization Tiburon Volunteer Fire Dept., Inc.
Person Making Application Peter Winkler
Horne .Phone
Relationship to Sponsoring Group Triatlrlon Coordinator
Address
1679 Tiburon Blvd., Tiburon
Work phone 435-2677
Type of Event Tiburon Triathlon
....
Date(s) Requested
July 28, 1996
Hours 0730-0930
# of Participants Expected 300
# of Spectators 75
Safety: Describe Need for Traffic Control, Crowd Control,
Parking. See attached letter with Tiburnn Police Dept. approval
First Aid: What Arrangements will be made?
Tiburon Fire Dept. will handle.
Clean-up: What Arrangements will be made?
Tiburon Fire Dept. will renove anv trash and cones.
Do you anticipate using sound amplification equipment?
(Please indicate extent) Nh
Publicity: Please indicate advance pUblicity given the
event: Notices in sports magazines; flyers in bike shops; the Ark
Sponsorship: If other than listed organization, identify
and indicate extent of involvement: Financial support fran one
or two sponsors; product sponsors will provide qive-awavs to oarticipants.
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Insurance Company:
Rollin", Hudicr Hilll
Fire Districts Insurance Risk Authority
POlicy Number:
SP8954204
Type:
("Dmllprr:ial
Covers What? liability, prop & auto
How Much? $1,000,000
Other: Please list other items which are pertinel}t to your
application:
,..
Pleas!,,! attach a copy of the budget for the event.
I have read, understand and agree to all the terms of this
application and the Special Event Policy of the Town of
Tiburon.
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APPROVED:
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1996 Tiburon Triathlon
Tiburon Volunteer Fire Department, Inc.
ErN 94-2536485
Buduet (estimated)
Income:
Sponsors
Entry fees
Total income:
Expenses:
Miscellaneous
Outside services (police)
outside services (timing)
Postage
Refunds (overpayments)
Supplies (copies and paper)
Supplies (food and drink)
Supplies (numbered bibs)
Supplies (T-shirts)
Supplies (Water bottles)
Total expenses
Net income
2,000.00
5,000.00
$7,500.00
300.00
600.00
2,000.00
200.00
135.00
400.00
300.00
200.00
1,800.00
375.00
$6,310.00
$1,190.00
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TIBURON VOLUNTEER FIRE DEPARTMENT
1679 TIBURON BLVD. . TIBURON, CALIFORNIA 94920 . (415) 435.7200
10 January 1996
Chief Glenn A. Accornero
Belvedere Police Department
450 San Rafael Avenue
Belvedere, California 94920
Sergeant Laura Judd
Tiburon Police Department
1155 Tiburon Blvd.
Tiburon, California 94920
Re: Tiburon Triathlon
Dear Chief Acornero and Sergeant JUdd:
As we have in past years, we would like to confirm the
planning of this year's Tiburon Triathlon, to be held on Sunday,
28 July 1996. The remainder of this letter is unchanged from
previous years.
The course will be identical to last year's. Asthey
did then, swimmers will begin with a 7:30 a.m. swim at the San
Francisco Yacht Club and a short run to the Belvedere Community
Park. From there, participants will bicycle along 'San Rafael
Avenue to the multi-use path just short of TiburonBoulevard
(State Route 131). They will proceed along the bike path to the
intersection of Trestle Glen and Tiburon Boulevard. From there,
they will ride on Trestle Glen to Paradise Drive and from:1;here
back to Tiburon Boulevard where it ends at Main Street. After
making a left turn onto Beach Road, they will finish'the.bicyc1e
segment at the Community Park. Runners will complete'9n~'clock-
wise lap around Belvedere Lagoon.
This course breaks down as follows:
1. Bel vedere: Marin Avenue and San Rafael Avenue:
Cover the stop sign Northbound on San Rafael Avenue, block Marin
Avenue, and post one volunteer.
2. Belvedere: Lagoon Road and San Rafael Avenue: Post
one officer and one volunteer. TPD will supply cones.
3. Tiburon: San Rafael Avenue and Tiburon Blvd. (S.R.
131) : Post two officers and volunteers to enable bicycles to
proceed from San Rafael Avenue onto the multi-use path. TPD will
supply cones. TPD to post and close the multi-use path.
SERVICE TO THE COMMUNJTY SINCE 1941
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Chief Glenn A. Accornero
Sergeant Laura Judd
10 January 1996
Page two
4. Tiburon: Trestle Glen and Tiburon Blvd. (S.R.
131) : Post two officers and volunteers to enable bicycles to
proceed safely from bike path across Tiburon Blvd. and onto
Trestle Glen without stopping. Set light flashing from 7:15 a.m.
to approximately 8:45 a.m. TPD will supply cones.
5. Tiburon: Trestle Glen and Hacienda Drive: Post
one officer to enable bicycles to proceed without stopping.
6. Tiburon:
Tiburon to Beach Road.
Cone a bike lane from the circle at Point
Post volunteers. TFD to supply cones.
7. Tiburon: Tiburon Blvd. (S.R. 131) and
Post two officers and several volunteers to enable
turn left onto Beach Road safely without stopping.
flashing red from 7:45 a.m. to approximately 9:30 a.m.
supply cones.
Beach Road:
bicycles to
Set 1 ight
TFD will
8. Belvedere: Post one officer at Beach Road and Main
Street. BFD will supply cones.
9. Belvedere:
Road to enable bicycles
will supply cones.
Post one officer at.Beach Road and Cove
to proceed safely without stopping. BPD
As we have before, all assisting officers will meet in
the Belvedere Community Center at 7:00 a.m. for coffee and orien-
tation, with all officers to be posted by 7:30 a.m. We expect to
have Trestle Glen and Tiburon Blvd. open by 8: 45 a. m. and the
entire course (including the run) by 9: 30. A Tiburon Fire De-
partment vehicle will follow the last bicycle to indicate the end
of traffic restrictions.
We expect that the California Highway Patrol will again
make two officers available to supplement the staffing of the
Tiburon and Belvedere Police Departments.
We will need to submit a use permit request to the
California Department of Transportation, for use of portions of
State Highway 131. Therefore we ask that Sergeant Judd indicate
that the Tiburon Police Department approves the proposal set
forth in this letter as it relates to the use of the State High-
way.
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Chief Glenn A. Accornero
Sergeant Laura Judd
10 January 1996
Page three
Thank you for your continued courtesy and considera-
tion. Please let us know if you have any questions or comments.
My daytime telephone number is 435-2677.
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Since:r; y,
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Ceter 'kler
The Belvedere Police Department approves the plan described in
the foregoing letter.
Dated:
Chief Glenn A. Accornero
Belvedere Police Department
The Tiburon Police Department
foregoing letter.
es the plan described in the~
Dated: } I :l ~ J 1 "
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ALERT
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DATE: May 30, 1996
TO: To all Marin Mayors, Councilmembers and Supervisors
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FROM: Smoke Free Marin Coalition
RE: Immediate Action Needed on Assembly Bill 3037 (opposed by the Coalition for Smoke
Smoke Free Marin)
Assembly Bill 3037, SUDoorted by the tobacco industry, passed the Assembly and is coming up
for a vote in the Senate. AB 3037 would extend the bar (and restaurant cocktail lounge)
exemption for another three years. The way the law (AB 13 or Labor Code 6404.6) is currently
written, all California bars, including those connected to dining rooms in restaurants, must go
smoke free on January I, 1997. AB 3037 would amend that date to read January 1. 2000.
Currently, there is a mixture of smoke filled and smoke free restaurant cocktail lounges due to
variations in ordinances in Marin communities, There are still many restaurants where the
smoke from the adjacent bar drifts into the dining room. In addition to the health hazard, there
are business considerations. As some restaurants pointed out, the current state law creates an
uneven "playing field" since some restaurant/bar combinations are smoke free due to local
ordinances and some are still smoke filled. AB 13 as written (not amended) would have solved
all of these problems on January I, 1997, which is why the League of California Cities and
the California Restaurant Association supported AB 13 with its January 1997 phase in date.
Involuntary smoke exposure causes a public health hazard to the public and to employees still
working in those conditions who would have to wait another three years for the same health
protection enjoyed by employees who work in fully protected restaurants.
The enclosed article from the Pacific Sun describes efforts on the part of tobacco industry
funded public relations firms to organize restaurants in your community in support of AB 3037.
Marin communities worked hard to pass smoking laws that would protect the public and the
hospitality industry from involuntary smoke exposure. Prop 188, sponsored by the tobacco
industry, would have replaced AB 13 but was overwhelmingly defeated. Marin County had the
highest number of votes against Prop 188.
The California Restaurant Association actively supported AB 13 the state-wide smoking law as
written because it protected restaurants from legal liability . Sales data from the State Board
of Equalization for 1995 report overall restaurant sales increased by 4.3 percent since AB 13
went into effect. Additionally, data shows more people are eating out more often.
You mayor may not have time to get the enclosed resolution passed. In any case, please
let Senator Milton Marks (916-445-1412 Sacramento office or 479-6612 at the Marin office))
know how you want him to vote on AB 3037. For more information on the bill, call the
League of California Cities Smoke Free Cities Project at 916-322-1528.
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((Sample) RESOLUTION to the MARIN COUNTY BOARD OF SUPERVISORS (or City
of )
ENDORSING California's Smoking Law AB 13 as originally passed and Proposition 99 as
nmndaudbyCalifonllavme~
WHEREAS, tobacco use is the number one preventable cause of death, disease and disability
in California today, killing more than 42,000 Californians each year; and
WHEREAS, smoking costs California annually an estimated $10 billion in direct and indirect
costs; and
WHEREAS, second hand smoke contains over 4,700 chemicals, over 40 of which are classified
as a human carcinogen by the Environmental Protection Agency, which stated that there is no
known safe level of exposure for sidestream cigarette smoke; and
WHEREAS, AB 13 and Marin local ordinances were passed to protect the health of California's
workers, especially in restaurants where hospitality workers have the highest rate of lung cancer
of any occupational group in the state; and
WHEREAS, the California Restaurant Association opposes AB 3037 due to legal liabilities for
restaurants; and
WHEREAS, the League of California Cities opposes AB 3037 due to public health reasons and
the economic success of smoke free business in California;
WHEREAS, Marin County had the highest number of votes against Prop 188, the tobacco
industry sponsored initiative which would have replaced AB 13, a clear signal that Marin
residents want smoke free workplaces:
BE IT RESOLVED, that the Board of Supervisors of Marin County (or City of
):
opposes AB 3037 and supports AB 13 (Labor Code 6404.5), without amendments, as written.
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and they mightteUyouthey're' from the NiiionaISmoke,s""
AJliance, sf gra's;:i~tS_org~'~jzado~ fighiirig-ror~s'inok~t;'.~~./.
, righis~ They'll sho,v you trumped-up statistics and "'~1Tl"~ .
you .that your business is about to go down the tube'S ~s 'the-
.last remaining section of the California smoke-free-l~\v
kicks in nextJan'uary,banningsrnokingin'bars.They'II "
.come armed with cutelittle "b,ar, coasters printed \',itha[l.... d J
appeal [0 you and your customer~_[Qsign and regis[er?-~~-
. "your righr to smoke here." . _ ","_." '.J"-'
'~". ' , What they won't tell you is that the Nati~~al Smokets
, Alliance (NSA) wa.s cteated by one of the world's largest ' '
public relations fi,lTms, Burson:Ma rsteller, to help its c li,ent), ,
PhIlip !\lorns, battle no-smoking laws. In fact, if you blow
their cover, they'll probably pack up and leave, ""'.,, ,
, Th.e ffi9bili?3tion of so-called grass-roms organizaiions is
..taCtlC frequently used by PR firms in legislative battles.,,'
In ,this instance, Philip Morris hopes to collect a sufficien(:,
numQ.cr of signed bar coasters to persuade. CaliforniaJegis--
, lators to roll back the smoking ban. But people don't like
being u,sed to rauen.corporate profitS. So ifs th~ PR firm's
job .to. obfuscate as much as possible rl1:c connection ~- .
between NSA and the tobacco company. ' " ,
, John Stauber and Sheldon Rampton reeently document-
ed such questionable activities in their new book, Toxic
Sludgt is Good for You: Lits, Damn Lits and fhe Public
RtlafiollS InduSf!). They say the Burson-Marsteller] 993
~mpaign to tecruit NSA members cost Philip Morris mil-,
lions of dol!ars, The PR firm tan full-page ads and paid '."
people to slgnupmembers in bars and bowling alleys '.' ,
~cross the counuy. Now.mreemiHion.strong, NSA pub-
hsh~s a newsletter_ and sends members special mailings.
urgmg them to write letters opposing new smoking bans. '
Authentic citizen-activists ~all these bogus grass-roots .
gr~:)Ups "astro-turf." In order to_disguisc..rhei_f affiliations -~
wlt~ their ,industry backers, astra-turf organizations c~ange
thelT names as often as Dolly Partonchanges wigs. In "
California, the tobacco lobby went by "Californians for _.
Scatewide Smoking Restrictions" ,to promote Prop "188, the
] 994 ballot initiative intended to weaken eXisting smoking
bans. To fight local bans in restautants, they've shown up'
r ~s "Il.esta~rants. for S~nsible Voluntary Policy" and. .' :,. ,,~ ..
Cahfomla Busmess and Restaurant Alliance!' Who knows .
what they'll call themselves when it come. to the bar bari? "
You can be sure that it won'. be "Philip Morri.!' '.:,J',',
srJl:~:;~B....
',:, '~~!1Y Oreenberg ind Walt Bilcifsky, former co-chairs of "
theSm~k~-.Free MarinCoalition, found them~elves tripping
- _ over-as,tro-rurf as I~ smoking bans circulated,throughout ,,'
_ tt1e ~~nty in the jaStfew years. As.each C!ty and town in
l\.'Ja~n prepared tc?, ban ,smoking in restaurants, Greenberg
says, municipal clerks would receive calls from mysterious
om~f~s~[e~-waruing to know the, dates ofrhe heanngs.
More calls were placed to local smokers who had landed on
tObacco cqmpanY,mailing lists by ordering cigarette-brand T-.
shirrsand other products. The smokers w,re urged to show
up.-at rl:l:e.hc.:arings_anc;l s~ak again,st .the ,ban.
INMOST AREAs; the: smokirig lobby can run their ca'm- '
paigil'arid gerout'of town berore the locals figure out what hit
them. Bui,heie in Marin, where we have ]] different mtl!1ici-
- _ palities and-II differen{srrioking'bans'-Iocalan'ri-smoking ,
:_: :.?~_~i.~.s~_ ~ad_a.m~~_~~~_~rruni,: to g~t_to know their enemy.
, .~~_..,::,;,::.',_' _ _>~ ___ _'____'..,.'~. _. --;-_ --- ----- - c -- -
"We learn~d how to make people aw3reiii~tth~e calls
,were coming in," says Greenberg. "And they would ask
questions and try to get the callers to identify themselves.
Mostly these were paid employees, probably paid a mini-'
~um wage, but they would find out who they were work-
mg for and we would track down who that was and learn
that it Was the tObacco industrY. When you get calls from .
Winston~Salem. North Carolina" you know who it's from,"
',:_~R operatives showed up in person ~s well. First they'd
ytSlt restaurant owners arid tell them that restaurants in
?ther cities with smoking bans suffered a 30 percent drop
m busmess. They'd feed the frightened restaurant owner
li~~ra~ure supposedly documenting their case and go with
hl~l to the city council hearing; ':-:-; -.
'Tracy Scolt, a young blonde woman, affiliated herself
"ith the owner of th'e Hilltop Cafe in Novato," says ,
Greenberg, "She sat with him at the meeting and he
, would st:lnd tip and come up with all this tobacco industry
hreranJ~e. \Ve finally took her asiq5=--aft~r a ~'1ee[ing and
asked her \vho she was, and she was with this L.A firm. ,.-/
o "'{.r~
;; ,;.::~ti.,t',:~:,..~;;':';:(' ;:::;:~.:.Bi
",',.4-1'0
.. And she sropped coming after,
~ awhile Qecause she had lost' " '
"" her valu." \vhen.she 'was id~';~ "
~';. rified.'Once you're ~own as
.: a cobaccoindustry affiliate,
,.' you lose credibility, So then
. they sem up this guy to
Sausalico, bue we kne\v bieri,'
too."; _ ,'-
His name ,va; Rudy Cole; ;"
and Walt Bilofsky re,<;ognized
him from a_ f~w yeais.'!:iefore,
when a smoking ban'",as con-
. sidered by the city of Beverly
. Hills: BiJofsky used to live",
,there before moving io Marin.
He recalls th-at an astro-turf
. "organization emerged sud--
denly ro oppose the ban. ':
....$ometime in the two weeks
between the first reading [of
the ordinance] and the second
reading, a group called the,,-
," Bd'erlyHills ResTauram
Association' was formed and
i~ di~eccor w~s a fellow .,
named Rudy Cole. Rudy was
a politicalconsulTam and all of
a sudden he'turned up as the
executive direcwr of this new
group."
Cole attended two meet-
ings of the Sausalito city
council, then disappeared.
Bilofsky says there was strong
local opposition ro the
Sausaliro ban, He suspected it ,
had been orchestrated by the
tobacco industry, but was
never able to prove it. "From
: some of the things they were
saying and the phrases that
they used, it was so similar to
what the tobacco industry has
used in other pl~ces in
Califomia that one would
have to su~se that they
were getting it from the same
place. The robacco industry's
fingerprints were all over the '~
opposition there: It looked
like the Sausaliro reSTauram community, but smelled like a
pack ofMarlboros." ,
Tracy Scott and Rudy Cole are listed among the repre-
senTatives of more than 40 robacco industty from groups
tracked by Anrericans for Nonsmokers' Rights. The
Berkeley-based ANR continually updates its listings. as
new groups are created~r old groups renamed. "When
we get groups like these coming to town, if we arc able to
e' ~:..e t~eir. ties to th~ tobacco industry, then wc can neu-
tl , a lot of the impact they would have," says ANR pro-
gram associate K~vif.1 GoebeL "Bur it's an ongoing process. _
They're neutraJized_ in one area and they just spring up ;
somewhere else. Or they come up with an entirely new ' ,
nJme and~<:,have. u> .do~m~ore sleuthing to expose them." I
.-" r. . I
, ANTI-SMOKING ACl'lVIsrs are also kept busy refut- i
109 the tobacco, industry's disinfonruition campaigns. Scotr.
r'Onll'" .,""'~ .....l.~~ nn ___._.:..~__ .,. '..
-. _,,' ,.:.::>-' ':~~-;':;;'-:;"~'~:"_"".>' f','
'"coittinuedfrotnpag; 17: '~'7i>h";~ :.:';- ,~, , ..It's a hit~and-miss issue,", she says. ..
~";>.'.,:; <,,-,~;,...... :...~i-~.,.I.'i~',I:~C:;..-'fI..'4., /-,: --' ~ " h d to t 0 d It.'
. _ P~.~y~ i.t.~~~. ~~~.~.~9>:}IZ%.~~,~~.mess own- .,,'~' ~r :ge -., yo~r ~ar~~ ar . '~_? . _'
,ers to back It up.'1lut actlVlsts charge that : ,: ;,TIIERE IS ALSO some debate as
the dam is false. c,' '-'/~c'--;: ": ' ethics of asuo-turf campaigns. The or
:;:':, Up i.inol receIj,dy, the PR ~trategy was .... ,inion' ~fdtizen lobbying groups is co
-aimed at ownerS of restaurants, bowling mon practice, not just for the tobacco
:alleys and other gathering places that don't, " industry, but for any business thar w",
have liquor licenses..:;-because the ~_ ,', ' exert political influence~ Is it evef' em:
,smiewide smoking'ban initially exernpted ,And if so, when is it uriethical? t ,,_
'bais.Sothestory offered by'the PR folks , Ann Solem, who widi her hiJsband
:'-~~,.th3ccustome'i~;~ere'des~rting the "owns the public relati~ns fi,~m_ Sol~ni':
:-srnoke:free, liquor,fre"eSlablishments, Associates, says they observe ceitain e
going iristea?'~oiila,*s-withbarS where ", ' .criteria in their grass-roots organizirig.
theycansnioke. ":;':":":"'.} , ~'" of the things that we 'always tty lobe (
~'~::)But the exemp'tion for-bars is due to " , . . ful about if we do this," she says, "is tl
'cxpirenextJanuary: So'the new strategy is " the group makes its own <;fecisions. It'
'to, tell bar O\\-Tlers 'th'a, t'cl:t~$e.sain, e smokin, _ a front group that takes directions fron"
customers ,,;n desert them next. (\Vhere, some corporate executive who's out tr
will they go? I-lexico?) '" ' ,pulling the strings. That's deceptive a
- The PR firms can always find disgrun- think that crosses thc line into unethic
tled business owners to complain that The Solems pride themselyes on th
they've been hurrby the ban~ But many high ethical STandards. Their San
smoke-free restaurants have seen an Francisco-based firm specializes in pu:
incre~se in business. Walt Bilofsky remem- , , .affairs, and they've sought our public s
bers that Piazza D'Angelo in Mill Valley vice issues such as teen pregnancy an,
voiced concerns abOi.it the' ban at first, but _ . recycling. BurSolem & Associ<:ates har:
later repotted that busines~ actually'" , a campaign for PG&E two years ago d
increased: Some months. afterward, when , some found questionable. The City of
the smoking ban ,vai being considered by ,Alameda was considering a proposal to
the county: says Bilofsky, "they wrote a let. , municipalize the' gas lines. PG&E con'
terra the coum)" and said,this has been ed a mail survey to identify ratepayers
good for uS'and we"recommerid the county . opposed to the idea, then hired Solem
pass it. So the e.'{perience is really a lot dif- . Associates to'organize them under the
ferent from the fears." ' .name "Alameda Citizens for Economi(
In San Diego, where Burson-tvlarstelIer Security." \Vith staffing provided by"tr:
recer1tly launched its new 'campaign 'to PR firm, the new citizens group succ~
recruit bar owners, the American Lung, ly lobbied the city council into droppir
Association's Bob Doyle reports thar the proposal. '
restaurants have been thriving, "They tell ' 'When the Alameda Time.r-Sforinvest
rhe bar owners that reSTaurants are dying ed the'matter. PG&E at first denied ha
because of chis statewide smoking ordi-. ing organized the group ;md refused to
nance in effect right now, which is one ' divulge how much funding it was provi
hundred percem false," says Doyle. "Sales ing, City officials denounced the camp'
tax data filed by restaurants show that bus i- as "decepti....e.. and "misleading." Somt
ness is the best it's been in years." the'group's members were aware that c:
, When presented with this information; were being funded by PG&E-bur oth
Gwyn Bicker at Burson-Marsteller's expressed surprise when they found ou
Sacramento office questions its' relevance.' But Solem maintains there was neve
1'00 you know that the business increase is 'any secret about it. "I've never consideI
due to the smoking ban?" she asks. "Or it unethical in the sense that it was secr\
does it in fact have anything to do with the tive, misleading or designed to deceive,
tiunaround of the economy?" But after it's there something unethical about you he
pointed out that me same questions apply . .ing organize community suppon on YOt:
to her data on business loss, she admits - be~alf~ as long a~ you're opery. about it? 1
th~re'~ no c1ca.r proof of cause and effeCL . col1hnllm on pag
(ACl~l~ ~N
\111\ 4-.0 -r \."'t~ - Ie,
I Of 't l.,;"",
".
.....'
-
..~ '.
:....-_.~
", "" . .... - _' ....... - ..",",_':''-'''_,,'_' -', -\ ,'c,.' .'
continuedfromjJOg,ia;,' ..,'sonowth6i d- .' ,'. '. h'
~""'~"'''''~:'';~!f~-~~;'''-'':'~;j';--::-,,~':4":;'.F(';<:''~~'~~!C~.~-'~~''~~.gr~~I1~.~~..gf!I,~g ~.~.!g"~",,,.
.a.t""h';!lque thaes ,us~9 py pub~c rel:itions~,;;5~'l;\'~~ jegIslamre;',;:-c'. ..' ............' ", .'.,
. ,~and by lobgyistS an'ii'iiY'corporn.tionsiiitd .~;;"-0'V.JHT~."ER"''"H:'OJ'.P~'ES' h:' 'II' h.: ,C,. th'.; '.' d' . .
:1.;'_'_ .,", ~..,.:_.,...:.-,.,. ,...._~_i<~~..;...........~l~~:....~..."\~:-...':;';;::.~ "e aye ousan s
~ :~yenvlfonmemal groups ana bYey.ery::'~.,~"\,."'i'-',~,, f '~'~'~d'b,-(:f:o,.".~....."h;''-'''''';'h'''~.'J' ..' ':" -.~. ....., '."
. ';.fb.' d" .0'.1 '...I'rd.. ""..""'.,, ',i:"'.""^"" ., . ""f':t~gI!e. . .arcoasters to. e p hIm make hiS
:. 0 Ive se.' . on t IUIOW u13t.because It's :(~j[.~r-"","':.m(;O'b."''l.;>*-~I'"''''''''-th'~'';;''''' .,.-:"i:"<' "d'.. .",
....d.."..-,/. 'b'; . 'k""'''d' ''''f.'''<'''. .,...,,;.<.,,"'. - ..,;",.,,...,d?,o,~.L*'. Y.1ou~ y,' e only relief possIble ..
'". .one yone In ..0 orgamzaoonyersus_'''''';'''~-' <""'.'::"'-:--'''--'-:'r~._'''C' '" ",'. . """'" '. .
,;,- ''''th' ""ki . d' .. -'''''''0< .-,,'''.' ". ',,,, ,,',;,,';."igOIngto occur In the CalIfornIa leglSla- ,
':.:aoo er noror~ntiatlrin itcrossesthe.... '- -,. "H",':"be' -' '-"1 I". /.
,;JinebetWeeri 'eiliicii.i and un~ihiC'ai ;,::?: ".':;;O'bod~,-e, '; s~th~""CaU]llI'r . r" ".1 ~?UI d .hop~ some: :
: ': '_, ,"_' :_;'~"";;;"" "'::"_:';"':::' .,,_' ._...::.:::.~.~:.l"_,. Xm- c. ',l1orrua eg:Is ature who cares
:"ONELlTMuS'fEST for ethi""might,:-k-abOut'small b'Usinesses would stait'to pay
, ~e to'det~rniine the u~derJying purpose ()f~~)In.~~~io.n~~~take a look ~tthi~:"He's.al~~~
n\he c:aml'aign,Did PO!l<E'ana jts:citizens,hopmgtl)at~ Re'publicari-controlled staie.:),
19roup.havethe ~afuci ~~Un miitd? The":,,,'~sembly:wili look more kindly on hisc'~'r"
citizens ~Ollp 'faJlied togethe{butof con-:' . . '~~erida'iliantheDem~r3ts did when they'
cern tha! the municipalization plan might pissed the statewide smoking ban in 1993,
cost the City more than it\.vould save. Was . ...Humberse~ t!te issue of "smokers'
PG&E concerned about the ciry's bottom ; ri,ghts" in broader terms, as a maner bf indi-
line or its own? J :.,__,," ','~' vJduals' rights over regt!la(jo~.He says that
And doesPhiliplvlorris really care about ". 20, percem ?(!'!SA's three mi!IiS'!} l11em: .
:'sffi;okers' rights"? Oris-it si~?ly ~r2t~ct~~ ~-~i-:~~,-.~~~. P~?S,IJ1_~~?~.~;h~_,~~J~1?R~,$e.::,._" '_
. mg Its own profits? The question was put ..group agenda forhberranan reasons.'The .'
. to I.~,offias~ti~b~f;~'tf)_~IC?iT~~~~'~.on- .~,~;~,~~'b~e~~!lJ..~!tg ~~~.j~~~~)~!3~oP. g9yle .
< Marstelle,c se:ni9:r,~iC9'pie~id.ent wflo mas-, . confirms that NSA recniiters have used .
'ierminded iheccreaiibit'oi'the'NaiiQru.I,' 'J:~,.:thatapproachin their pitch to'barownets.
Smokers'A1liance:HumbeiIefcthe'PR. .: ':"Theytell iJiem'ioveriiment'~rryingto'
J~rrrl tWo _y~.a~_~go ~.o_-6t~~_ltt~-'preSj~ent of i';:~~nYbu~r life" a'nd g~vem~ent's telling you;
NSA,.:He responded to .thequeSci6h with :;;;,:;'~q':":t!!:~~Y~,1J,rl>,,!si!'es~,~'~a~poyl~. - . .
several of IUs own.~'Did it everoccur to ':, ,.,; :Al1~orJohn Stauber.fears that the power.
anybody'that maybe Philip Morris did Jr 'in'" "fuI,'mulii:narional firin of Btltsbit-Matsleller'
response_ to their'co'ustiri1ers?Now, I'm ,,:,;::~~'ds ronsuucting a right-wing juggernaut-His.
sure it never occurred to my friends in the..c.somewhat hyperbolical, aSsumption is that
anti>smoking group: And it probably' never .-_..til~.P<'ople,,,:h~an; goi~g 10 bevehemem
occurred to many people.in the media: But ~;o.ad::~~esJ9r )mokets' righis',.re also going
does it make sense lhatghilipMorri_s 'sfane;.) . to suppon~ strongright,'Yii1lil'at Buchanan,
. ed getting l110re inililtlian.tIiey'e;,tr had:;::;'.,ry~ilf agei1d., ~:~what.the'y'ye mobilized,
. . flOm smokeiS-sayirig;'Wh;;y<'in ,~edo? . .,~.~~wit!i 'p'hilip.M~irism.oney'and~~rsbn-' .
. What cali you do to hOlp us?':Wlien asked . ,M.atstellei experii~e," saysSia'uoer; "is three
how much mail. the company'received in . . "mlllion people who'are probably available as
that regard, Humberonly replied, "Quite a ,a lisno be rented OUlto suppott a whole vari-.
bit." . . --. etyofright-wing, libertarian, prcrbusiness
Anomer ethics consideration. as Ann :. ~ssues. \Vhat (h~y ha~e'th~,re is an: ~xtremely
So1e'm suggests, is whether or not group valuable mailing Iisr of, for the most part,
members are infonned'oftheir corporate right-wing zealots who ,vould tatheradvoc:Jte'
backing. In most cases, asuO-tun campaigns . fot the right to blow smoke lnto people's
only work when thejr_corpqrate roots are _'_' .fafes than understand _that this' is ~n ,addic-
hidden. Prop 188, for example, was defe:lt-' tive drug that kill~ 409,()()()people'i year," .
ed when actiyists exp?sed the ballet initia- . \Vhecher or not ~e~;lstfo:,_[urf.~e'cruits are .
rjve's tobacco ~~~~stFY sponsorship.. ever ~old offw ne,;'; bUY,e_.:s,' ~heY're power-
Bur that w~sa lucky break for anti: . ful enough in the hands of their present .
smoking acilvistS:"C3;~paigirmaterials . :...._~_,._ spon~ors._As we see in the o'ngoing battle.
goin~ oUlto ,.",?~erS- ~re ,[~,9u}red to identify' '. agains'! t!'e-Calif~rnja sm?king ban,. th,e
fundmg soutces..BUl when laws are enact" ..,_tobacco Industry IS unstoppable even In the
ed by oursmie' i"prese';'tative~: thevOtets:<fa.~e, of tepeated defe:lts.. "They learn from . . .1
have no way of identifying'die lobbying .' their mistakes, they have limitless capital
groups behind them. 'The way the rules _ '--:~nd they never g~ away," says. Stauber. "So
are currently written," says Americans for .... It's like dealmg With some crearure out of
Nonsmokets' Rights' Goebd, "the tobacCo.. ,Tmninofor. Jusr when you think they've
industry iSjltill able to conceal what rhey-..'. fallen into a fiery pi~ they walk through
'do in the legislature to a large extenL". . . " your Wall. When you think about i~ tobac-
Philip M.orris:IOsl at the polls in California. ....c.o is truly .the Terminator." _ .
-_:--:--' <::.:'!J.~1.~}l~,;_,~,'.~' .,_:__. ~-.~ -~-::'::~_:.. "'~:.:~~~:.:'~L> ~~-.'l> :",-,.. ~:~.'~' ':"-"~.':::','
,-
PA-C.l ~Lc:..
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.\
Marin County
Community Development Agency
Federal Grants Division
If"'- -It .s-
.
Mark J, Riesenfeld, AICP, Director
MEMORANDUM
~,l ,_
,. ;: -::" i7 1";:::.:1 ;--.,
'i\."~lr'
.Jll','i~U
',"0' ~..:;
1>';,<)
TO:
City Managers .. C '\
Roy Bateman, Community Development Coordinator ':Zf;
.';':rIC~
,',Jj\j
FROM:
SUBJECT:
Renewal of Community Development Block Grant Cooperation
Agreements
DATE:
May 30,1996
The Community Development Block Grant Program (CDBG) provides grants from the U.S.
Department of Housing and Urban Development (HUD) to local governments for housing,
community facility, and human service programs serving lower-income people. The Home
Investment Partnerships Program (HOME) provides additional assistance for housing
activities. Marin County qualifies for both the CDBG and HOME programs because all
eleven cities have signed cooperation agreements to participate with the County government
in a single joint countywide program. This gives us a total population sufficient to qualify as
a HUD "urban county," enabling Marin to receive annual CDBG and HOME grant allocations
established by formula.
In 1993, all of the cities in Marin entered into three-year CDBG Cooperation Agreements
enabling us to obtain formula funds as an urban county. Renewal of these agreements by
June 27. 1996 is required for Marin County to remain eligible to receive funds for the next
three fiscal years.
The enclosed Cooperation Agreement is similar to the current agreement, with minor
revisions, most of which are required by HUD. HUD requires that the Cooperation
Agreements be formally adopted by resolution. The following steps should be taken to
continue your participation in the CDBG program:
o The Council should pass a formal resolution to lWProve and authorize the ml\Yor
to execute on behalf of the city. a three-year Community Development Block
Grant Cooperation A~reement with the County of Marin. For your convenience,
a sample resolution is included at the end of this memo, but any resolution
format that includes the wording underlined above will be sufficient. HUD
requires that we submit a certified copy of the resolution,
3501 Civic Center Drive, Room 413, San Rafael, California 94903-4157
Telephone (415) 499-6268 - TDD (415) 499-6172 - Fax (415) 499-7880
o The Mayor must sign 3 copies of the Cooperation Agreement--an original
signature is required on each copy. HUD will not accept signature stamps.
Each copy should be certified by the clerk.
o By Thursday, June 27, County CDBG staff need the 3 signed copies of the
Cooperation Agreement and a certified copy of the resolution authorizing
execution of the Agreement. The Agreements will then be delivered to the
Board of Supervisors for signature.
In order to meet strict deadlines established by HUD, we request that this item be placed
on the agenda of your next Council meeting. County CDBG staffwiJl be happy to
attend Council meetings, either to make a formal presentation, or to be available to
answer any questions about the CDBG and HOME programs or the Cooperation
Agreements. We will be contacting you to confirm the scheduling of the Cooperation
Agreements at your Council meeting. If you have any questions, please call me at 499-
6698. We appreciate your continued assistance and understanding in helping us to meet
a tight deadline. Your participation will enable us to continue the success of the CDBG
and HOME programs in Marin.
cc: Mayor
Priority Setting Committee Member
City Clerk
.
'<I
SAMPLE RESOLUTION
RESOLUTION NO.
AUTHORIZING EXECUTION OF
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
AND HOME PROGRAM
COOPERATION AGREEMENT
WITH THE COUNTY OF MARIN
WHEREAS, it is mutually desired by the (CitvfTown) of and the
County of Marin that they enter into a Cooperation Agreement, in accordance
with the Housing and Community Development Act of 1974, as amended, in
order to jointly undertake community development and housing assistance
activities;
NOW, THEREFORE, BE IT RESOLVED;
That the (CityfTown) Council of the (City/Town) of approves
and authorizes the Mayor to execute, on behalf of the (City/Town), a three-year
Cooperation Agreement with the County of Marin for the Community
Development Block Grant and HOME Programs, and that the (CityfTown) hereby
adopts the policies included in the Cooperation Agreement.
C,IO"U.....QlW.WY\(]ENEllAt\COOf'l!l6HOWTUDQC,CDA.aJ1
COOPERA nON AGREEMENT
THIS AGREEMENT, entered into this
TOWN OF TIBURON
MARIN, hereinafter referred to as "County."
day of , 1996, by and between
, hereinafter referred to as "City" and COUNTY OF
WITNESSETH
WHEREAS, TOWN OF TIBURON is a duly constituted municipal
corporation under the laws of the State of California, and is empowered thereby to undertake essential
community development and housing assistance activities, specifically urban renewal and publicly
assisted housing; and
WHEREAS, COUNTY OF MARIN is a duly constituted subdivision of the State of California, and is
also empowered by State law to undertake essential community development and housing assistance
activities, specifically urban renewal and publicly assisted housing; and
WHEREAS, Government Code Sections 6500, et seq., authorize two or more public agencies to
jointly exercise any power common to both; and
WHEREAS, it is mutually desired by the parties hereto to enter into a Cooperation Agreement, in
accord with the Housing and Community Development Act of 1974, as amended, and applicable
Federal rules and regulations adopted pursuant thereto, whereby the parties shall jointly undertake
community development and housing assistance activities, including those funded by the Community
Development Block Grant Entitlement Program and the HOME Investment Partnership Program
(HOME).
NOW, THEREFORE, BE IT HEREBY RESOLVED as follows:
I. The parties hereto agree to cooperate to undertake, or assist in undertaking, community renewal
and lower income housing assistance activities, specifically urban renewal and publicly
assisted housing, pursuant to the Housing and Community Development Act of 1974, as
amended, and the HOME Investment Partnerships Act, as amended. City agrees to undertake,
or assist in undertaking, community renewal and lower income housing assistance activities,
specifically urban renewal and publicly assisted housing. This Agreement shall become
effective September 30, 1996, and be in effect until terminated, but termination may not occur
before September 30,1999. In any event, this agreement shall remain in effect until the
Community Development Block Grant and HOME Investment Partnership Program funds from
appropriations for federal fiscal years 1997, 1998, and 1999 and any program income received
with respect to activities carried out during the three-year qualification period are expended and
the funded activities completed, Neither County nor City may tenninate or withdraw from this
Cooperation Agreement while it remains in effect.
2, Upon certification of Marin County, including all or a portion of the incorporated cities, as an
"urban county" for federal fiscal years 1997, 1998, and 1999, under the Housing and
Community Development Act of 1974, as amended, and applicable rules and regulations
adopted pursuant thereto, a Priority Setting Committee shall be fonned consisting of one (I)
representative designated by each of the participating cities and one (I) representative
,,:~.7:~t#~:'*.+<\~'_~~t~4 -:~ ,".
2
designated by the Board of Supervisors. Each representative shall have equal voting rights on
the Committee. The Committee sha:1 prepare a proposed budget for the use of funds, and any
other documentation required by the U.S, Department of Housing and Urban Development
(HOD) for the Community Development Block Grant Program and the HOME Investment
Partnership Program, including, but not limited to, a list of specific projects to be undertaken
and priorities for implementation for both housing and community development projects.
In preparing its proposed plans, project priorities, proposed budget, and other documentation,
the Committee shall disseminate complete information to citizens of Marin County concerning
its proposals and alternatives; shall conduct public hearings to obtain the views of citizens on
community development and housing needs; and shall provide citizens with adequate
opportunity to participate in the development of programs and priorities.
To ensure adequate participation in the planning process, six subregional citizen
participation/planning areas will be designated which will include the coopemting incorpomted
cities as well as adjacent unincorpomted areas, These will be the Richardson Bay Planning
Area, the Lower Ross Valley Planning Area, the Upper Ross Valley Planning Area, the Novato
Planning Area, the San Rafael Planning Area, and the West Marin Planning Area. Each year, a
minimum of one workshop or public hearing shall be conducted within each citizen
participation planning area by a panel consisting of one (I) representative designated by the
Board of Supervisors and one (I) representative designated by each of the participating cities
located within the planning area.
Upon completion of planning area and Priority Setting Committee delibemtions, the proposed
budget and other documentation shall be submitted to the Marin County Board of Supervisors
for review and approval. The Marin County Board of Supervisors will have final responsibility
for selecting CDBG and HOME activities and submitting the Consolidated Plan and other
documentation to HOD.
3, After deduction of administrative expenses, forty percent (40%) of the net Community
Development Block Grant monies and one hundred percent (100%) of the net HOME
Investment Partnership Program monies allocated annually to the County of Marin as an "urban
county" under the Housing and Community Development Act of 1974, as amended, shall be
allocated for housing purposes on a countywide basis. Distribution of such funds will be made
by the Board of Supervisors, on recommendation of the Priority Setting Committee. Such
distribution will be consistent with HOD guidelines and evaluation criteria developed by
participating cities and the county, to ensure consistency and facilitate implementation of
countywide housing goals,
The remaining sixty percent (60%) of the net Community Development Block Grant urban
county allocation shall be suballocated to the interjurisdictional citizen participation/planning
areas according to the geneml distribution fonnula established by the Department of Housing
and Urban Development based on the latest available countywide data on population, the extent
of poverty, and the extent of housing overcrowding, with the provision that the extent of
poverty be counted twice, However, a different distribution is hereby expressly authorized if
and when necessary to comply with Title I of the Housing and Community Development Act of
1974, as amended. If any project submitted by County as a portion of the Community
Development Block Grant documentation is found to be ineligible by the Department of
Housing and Urban Development, the proposed project shall not be funded. In such an event,
'~-~f'-~;;;"';.i
3
the County, acting in concert with the Priority Setting Committee and the affected citizen
participation/planning area panel, may submit an alternative priority project which is within the
original cost and in line with the stated needs and objectives of County, provided such a
resubmission conforms with the rules and regulations of the Department of Housing and Urban
Development for the administration of Title I of the Housing and Community Development
Act of 1974, as amended.
4. City may terminate its participation in this Cooperation Agreement and membership on the
Priority Setting Committee by a single majority vote of its governing body. Such tennination
. shall take effect only at the end of the federal three-year urban county qualification period in
which the action is taken. The next such qualification period will end September 30, 1999.
Subsequent urban county qualification periods will end September 30 on every third year
following that date.
5. Any public housing to be located in City and which under the Constitution of the State of
California requires approval of the voters shall not be approved unless it receives a favorable
majority of the voters of City.
6, Pursuant to the Cooperation Agreement, County, acting through the Board of Supervisors, shall
be the primary general-purpose local governmental unit under the Housing and Community
Development Act of 1974, as amended. It shall be the responsibility of County to apply for
grants, to administer all funds received, and to undertake or assist in undertaking essential
community development and housing assistance activities. County shall have the authority to
carll)' out activities which will be funded from annual Community Development Block Grants
and from HOME Investment Partnership funds from Federal Fiscal Years 1997, 1998, and
1999 appropriations and from any program income generated from the expenditure of such
funds. Records shall be kept by County in accordance with approved accounting procedures,
and said records shall be available for public inspection at all times,
7. County, City, and all other cooperating cities shall take all actions necessary to assure
compliance with the urban county's certification required by Section 104(b) of Title I of the
Housing and Community Development Act of 1974, as amended, including the National
Environmental Policy Act of 1969, Title VI of the Civil Rights Act of 1964, Title VIII of the
Civil Rights Act of 1968, Executive Order 11988, the Fair Housing Act, Section 109 of Title I
of the Housing and Community Development Act of 1974, and other applicable laws, Use of
urban county funds for activities, in or in support of, any cooperating city that does not
affirmatively further fair housing within its own jurisdiction or that impedes the county's
actions to comply with the county's fair housing certification shall be prohibited. Pursuant to
24 CFR 570.501(b), City is subject to the same requirements applicable to subrecipients,
including the requirement of a written agreement described in 24 CFR 570,503.
8. City shall infonn County of ani income generated by the expenditure of Community
Development Block Grant funds and HOME Investment Partnership Program funds received
by City. Any such program income shall be paid to County for use for eligible activities in
accordance with all Community Development Block Grant and HOME Investment Partnership
Program requirements as may then apply, County has the responsibility for monitoring and
reporting to the United States Department of Housing and Urban Development on the use of
any such program income, thereby requiring appropriate recordkeeping and reporting by City
as may be needed for this purpose, In the event of close-out or change in status of City, any
":'~,{i'IIG~~~;"~.~.",.,,,;~ ~
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,
4
program income that is on hand or received subsequent to the close-out or change in status
shall be paid to County,
9. The following standards shall apply to real property acquired or improved in whole or in part
using Community Development Block Grant funds that is within the control of a participating
City.
a. City shall give County timely notification of any modification or change in the use of
the real property from that planned at the time of acquisition or improvement including
disposition,
b, City shall reimburse County in an amount equal to the current fair market value (less
any portion thereof attributable to expenditures of funds other than Community
Development Block Grant or HOME) of property acquired or improved with
Community Development Block Grant funds that is sold or transferred for a use which
does not qualifY under the Community Development Block Grant regulations,
c. City shall pay to County any program income generated from the disposition or
transfer of property prior to or subsequent to the close-out, change of status or
tennination of the cooperation agreement between County and City. Any program
income shall be allocated by County for eligible activities in accordance with all
Community Development Block Grant requirements as may then apply.
10. The parties hereto agree that the final responsibility for analyzing needs, setting objectives,
developing plans, selecting projects for community development and housing assistance,
selecting Community Development Block Grant and HOME activities, and filing the
Consolidated Plan and other required documentation rests with County, as required by the
Housing and Community Development Act of 1974, as amended.
II. By executing this Community Development Block Grant Program Cooperation Agreement,
City understands that it may not apply for grants under the Small Cities or State Community
Development Block Grant Programs from appropriations for fiscal years during the period in
which it participates in the urban county's Community Development Block Grant Program; that
it may participate in a HOME Program only through the urban county; and that it may not
participate in a HOME consortium with other local governments except through the urban
county, regardless of whether the urban county receives a HOME formula allocation.
12, The cooperating unit of general local government has adopted and is enforcing:
a. a policy prohibiting the use of excessive force by law enforcement agencies within its
jurisdiction against any individnals engaged in non-violent civil rights demonstrations;
and
b. a policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non-violent civil rights
demonstrations within its jurisdiction.
The phrase "cooperating unit of general local government" has the same meaning in this
Cooperation Agreement as it does in HUD Notice #CPD 96-04.
;";,~1'i:~;;~.~~~~-4~~"~,::#-_.~,;~,:_,,.:t~,:j~~
,
5
IN WITNESS WHEREOF, the parties have executed the above instrument on the day and year first
above written.
COUN1Y OF MARIN
TOWN OF TIBURON
By:
Harold C. Brown, Jr., Chairman
Board of Supervisors
By:
Mayor
ATTEST:
ATTEST:
Clerk of the Board
Clerk
MASTER FORM APPROVED AS TO FORM:
--::0
David 5/31/96
Deputy ounsel
County of Marin
Cc'OATA\--r,Ql;-" ~.DOCIClM.-"
r!e~ I/o. b
RESOLUTION NO.-
RESOLUTION OF THE TOWN COUNOL OF THE TOWN OF TIBURON
CONGRATULATING THE OTY OF BELVEDERE UPON THE OCCASION
OF ITS HUNDRED YEAR CENTENNIAL CELEBRATION
WHEREAS the "Island of Six Names" was incorporated in December of 1896 as the Town of
Belvedere, and
WHEREAS Belvedere began principally as a summer residence for city dwellers, offering
fresh air, unparalleled bay views, and a lifestyle unique in California, and
WHEREAS Belvedere Cove and its quaint houseboats, home to a large and gifted artist
colony, has been replaced by modem artists of reknown who create their works around this cove, and
WHEREAS the lush vegetation of Belvedere's early gardens and orchards has been replaced
by spectacular, prize-winning gardens, and
WHEREAS the picturesque houseboats and sailboats moored in Belvedere Cove have been
replaced by a safe yacht harbor bustling with tidy pleasure crafts, and
WHEREAS Bill Barr's "taxi" has been replaced by private automobiles for each home, and
the commuter ferryboat which docked in Belvedere below Beach Road has been replaced by the Red
and White Commuter Ferry landing in Tiburon,
WHEREAS Belvedere's once important cod fishing industry, and a certain beverage distilling
business have given way to the more refined endeavors of a bank, a pharmacy, professional offices,
antique shops, a florist and a restaurant,
NOW THEREFORE BE IT RESOLVED that Belvedere has happily elevated to an art form
the phrase "The more things change, the more they remain the same",
BE IT FURTHER RESOLVED that the Town of Tiburon congratulates the City of Belvedere
upon its Centennial Celebration and extends best wishes for another hundred years of distinctive and
gracious living.
PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town of Tiburon
on the 19th day of June, 1996 by the following vote:
AYES:
NOES:
Councilmembers:
Councilmembers:
NICKY WOLF, MAYOR
ATTEST:
DIANE L. CRANE, TOWN CLERK
:J:./fM. #1-
RESOLUTION NO. 3163
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON DENYING AN APPEAL AND
AFFIRMING A DECISION OF THE DESIGN REVIEW
BOARD APPROVING AN ADDITION AND ASSOCIATED
VARIANCE AND FLOOR AREA EXCEPTION FOR
3405 CENTRO EAST STREET
(BUCKERFIELD, OWNER)
WHEREAS, the Town of Tiburon received an application for the remodel of and
addition to an existing duplex located at 2305 Centro East Street (Mr. and Mrs, Buckerfield,
owner), with an associated variance and floor area exception; and
WHEREAS, the Design Review Board held a duly-noticed public hearing and
approved the project on May 2, 1996; and
WHEREAS, the decision of the Design Review Board included the findings mandated
by the Municipal Code for the approval of a variance and floor area exception; and
WHEREAS, the decision of the Design Review Board approving the variance and
exception has been appealed in a timely manner by Mr. and Mrs, Marans, Mr. B,J, Talbot,
Mr, 1.J. Wintersteen, Ms. Shelly Brown, Mr. and Mrs. Drew and Mr. and Mrs. Gehrmann;
and
WHEREAS, the Town Council held a duly-noticed public hearing on the appeal on
June 5, 1996, at which time the Council, after hearing all testimony and reviewing all
documents in the record, the Council denied the appeal by a vote of 4-0 (Ginalski absent).
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon that:
1. The appeal ofMr, and Mrs, Marans, Mr, BJ. Talbot, Mr. J.1. Wintersteen,
Ms, Shelly Brown, Mr. and Mrs, Drew and Mr. and Mrs, Gehrmann is denied.
Town Council Resolution 3163 - Denial ofDRB Appeal
June 19, 1996
1
I/f~ #1-
RESOLUTION NO. 3163
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TffiURON DENYING AN APPEAL AND
AFFIRMING A DECISION OF THE DESIGN REVIEW
BOARD APPROVING AN ADDITION AND ASSOCIATED
VARIANCE AND FLOOR AREA EXCEPTION FOR
3405 CENTRO EAST STREET
(BUCKERFIELD, OWNER)
WHEREAS, the Town of Tiburon received an application for the remodel of and
addition to an existing duplex located at 2305 Centro East Street (Mr, and Mrs, Buckerfield,
owner), with an associated variance and floor area exception; and
WHEREAS, the Design Review Board held a duly-noticed public hearing and
approved the project on May 2, 1996; and
WHEREAS, the decision of the Design Review Board included the findings mandated
by the Municipal Code for the approval of a variance and floor area exception; and
WHEREAS, the decision of the Design Review Board approving the variance and
exception has been appealed in a timely manner by Mr, and Mrs, Marans, Mr. B,J. Talbot,
Mr. U. Wintersteen, Ms. Shelly Brown, Mr. and Mrs. Drew and Mr. and Mrs, Gehrmann;
and
WHEREAS, the Town Council held a duly-noticed public hearing on the appeal on
June 5, 1996, at which time the Council, after hearing all testimony and reviewing all
documents in the record, the Council denied the appeal by a vote of 4-0 (Ginalski absent).
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of
Tiburon that:
1. The appeal ofMr, and Mrs, Marans, Mr, B,J. Talbot, Mr, 1.J. Wintersteen,
Ms, Shelly Brown, Mr, and Mrs, Drew and Mr. and Mrs, Gehrmann is denied,
Town Council Resolution 3163 - Denial ofDRB Appeal
June 19,1996
1
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
ofTiburon on June 19, 1996, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
Town of Tiburon
ATTEST:
DIANE L. CRANE, TOWN CLERK
Town Council Resolution 3163 - Denial of DRB Appeal
June 19, 1996
2
7!~ tfj. L
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING THE MANAGEMENT
PLAN FOR THE CONSTRUCTION OF THE NEW
TOWN HALL
WHEREAS, on May 29, 1996, the Town of Tiburon awarded the contract to construct
the new Town Hall to Midstate Construction, Inc,; and
WHEREAS, the Town adopted a management plan for the administration of the
construction contract on May 15, 1996, by adopting Resolution No. 3158 ("Management
Plan"); and
WHEREAS, the Management Plan established a Project Management Team with
authority to approve change orders that would affect the cost of the contract by five thousand
dollars ($5000) or less; and
WHEREAS, the Town Council further finds it appropriate, at the request of the
Building Advisory Committee, to modify the management plan to establish a subcommittee
with the power to approve change orders that would affect the contract price for the Town Hall
project by more than five thousand dollars ($5000),
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Tiburon that the Management Plan for the Town Hall Project adopted on May 15, 1996 by
Resolution No. 3158 is amended to authorize a Council's subcommittee, consisting of Jerry
Thayer and Andrew Thompson, to approve any change orders to the contract to approve
change orders that would affect the contract price for the Town Hall project by more than five
thousand dollars ($5000). All other provisions of the Management Plan shall remain in full
force and effect, including, without limitation, the authorization of the Town Manager to
approve change orders under the limited circumstances set forth in Resolution No, 3158.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon
on June 19, 1996 by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
Town of Tiburon
A TrEST:
DIANE CRANE, TOWN CLERK
U~~.L
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON COMMENDING DAN CATRON
FOR HIS DISTINGUISHED SERVICE TO THE TOWN
WHEREAS, Dan Catron has served the Town with distinction since May, 1989 first as an
Assistant Planner and then as an Associate Planner in the Planning Department; and
WHEREAS, Dan Catron processed thousands of applications before the Design Review
Board and Board of Adjustments and Review, including hundreds of applications for new single
family homes; and
WHEREAS, Dan Catron's effort in reviewing these applications has played an important
role in shaping the appearance of many of the Town's newest neighborhoods; and
WHEREAS, Dan Catron so willingly and generously gave of his time, experience, and
abilities to residents of the community, his co-workers, and Town officials,
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby express its sincere appreciation to Dan Catron for his seven years of
dedication and outstanding public service to the Town of Tiburon, the community and its
residents; and on behalf of the residents of the Town, extends its best wishes for a future that
exceeds all expectations,
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on June 19, 1996, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
TOWN OF TffiURON
DIANE L. CRANE, TOWN CLERK
TOWN COUNCIL STAFF
TO:
FROM:
REPORT
TOWN COUNCIL
MEETING DATE:
REPORT DATE:
JUNE 19, 1996
JUNE 13, 1996
DAN CATRON,
ASSOCIATE PLANNER
ITEM NO,: / V
SUBJECT: APPEAL OF CERTAIN CONDITIONS IMPOSED ON CERTIFICATE OF
COMPLIANCE # 95-06 ISSUED FOR THE VACANT PROPERlY ON
VISTAZO WEST STREET COMMONLY KNOWN AS THE "DERRYBERRY
PROPERlY"
PROJECT DATA
Address:
APNo.:
FileNo.:
General Plan:
Zoning:
Property Size:
Current Use:
Applicant:
Appellant:
BACKGROUND
Between 1410 and 1470 Vistazo West Street
58-223-11
COC #95-06
VH (Very High Density Resid.- up to 12.4 dulac.)
RO-2
approx. y, acre
vacant land
Belvedere- Tiburon Landmarks Society
Belvedere- Tiburon Landmarks Society
The subject property, commonly known as the "Derryberry Property", was created by grant deed
in March 1965. Prior to its conveyance as a separate parcel, the property was a portion of the
"Lands of Smith" which included what is now the condominium complex at 90 Lyford Drive. In
1962 an easement for access and utility purposes was granted by the Smiths to the then-owners of
the adjacent Leonard Jay property. The boundaries of this access/utilities easement correspond to
the boundaries of the subject property as it was granted to the Derryberrys three years later.
Because the entire subject property was encumbered by this easement, the property was
commonly considered only as an access corridor to the Jay property. Two separate development
applications filed by Leonard Jay in the 1980's proposed the subject property as the primary
roadway access to the Jay property,
In 1990 the Derryberrys conveyed the subject property to the Belvedere- Tiburon Landmarks
Society. In 1995 the adjacent Leonard Jay property was conveyed to the Marin County Open
Space District as protected open space, Later that same year the Open Space District relinquished
TIDURON TOWN COUNCil..,
STAFF REPORT
1
JUNE 19, 1996
the access and utilities easement across the subject property. The subject property is thus no
longer encumbered as an access corridor to the Jay property.
PROJECT DESCRIPTION
The Belvedere- Tiburon Landmarks Society is now seeking to sell the subject property as a
developable parcel. The Society has applied for a Certificate of Land Division Compliance (COC)
to establish the property as a legal lot of record, (Please refer to the relevant sections of the
Subdivision Map Act attached as Exhibit 6 for a specific description of the COC process),
Site Description
The subject property is a relatively steep downslope lot located between the condominium
complex at 1410 Vistazo West Street and the Hobbs residence at 1470 Vistazo West Street. The
site is currently vegetated with a number oflarge eucalyptus trees. Rip-rap has been placed along
the upper portions of the site to stabilize areas prone to landslides. The lower portion of the site
nms westerly just below the condominium units at 1410 Vistazo West. Staff has roughly
calculated the property to be approximately 20,000 ft2 in area. Staff estimates that the width of
the lot at the front-yard setback line is about 48 feet. The percent slope of the parcel has not been
calculated, but it is substantial.
Issuance of a Conditional Certificate of Compliance
The subject property was split off (by deed) from the remainder of the Smith property in 1965.
several months after the adoption of regulations which required Town approval of a recorded map
prior to a subdivision of this nature. The property was therefore!lll1 divided in compliance with
applicable subdivision regulations in effect at the time of its creation,
Pursuant to California Government Code Section 66499.35, the Town may impose any conditions
on the Certificate which would have been applicable to a division of the property at the time the
applicant acquired his or her interest therein. The Planning Staff therefore included as conditions
those specific requirements that would have been applicable to the property in 1990 (the date the
Landmarks Society acquired the property). Draft condition # I may require additional lot area or
lot width, depending on further analysis of the dimensions and slope of the property, as required
by condition #2. Provisions of condition # I may be very difficult to meet. This condition is
derived from Town regulations, in effect in 1990, which specifY minimum lot widths for specific
zoning districts and minimum lot area based on the average slope of a parcel.
Appeal of Certain Conditions
The Belvedere- Tiburon Landmarks Society has appealed conditions # 1 and #2, which may require
certain minimum standards for lot width and lot area, as well as detailed mapping to ascertain
existing lot width and area, With respect to lot width, the RO-2 zone requires a lot width of 50
TIBURON TOWN COUNCIL
STAFF REl'ORT
JUNE 19. 1996
2
feet, measured along the front setback line. Based upon available maps, Staff estimates the width
of the subject property to be 48 feet at the front yard setback line; however, a survey could
provide a different result.
With respect to lot area, the Town's regulations require a minimum area of20,000 ft2 in the RO-2
zone, which increases to a minimum area of30,000 ft2 if the slope exceeds 30%, and a minimum
area of 43,560 ft2 if the slope exceeds 35%. Staff roughly estimates the area of this very irregular
lot at approximately 22,000 sq, ft. Based upon available information, Staff is unable to ascertain
whether the subject property meets the minimum lot area requirements; hence the condition
requiring a topographical survey.
The Society indicates that it does not contest the other conditions on the Certificate. The Society
points out that other lots in the vicinity of the subject property are in different zoning districts (R-
I and R-3) and are, in some instances, smaller than the subject property. The Society also argues
that the subject property can be successfully developed in character with the existing
neighborhood and without significant impacts on adjacent neighbors.
Town Council Options
State law provides that the local agency may impose any conditions on the Certificate that would
have been applicable to a division of the property at the time the current owner acquired his or her
interest. Staff included all clearly applicable conditions in the draft Certificate. The Town Council
has total discretion as to which (if any) of the potential conditions will ultimately be applied to the
Certificate.
STAFF ANALYSIS
Argument in Favor of Granting the Appeal
The Landmarks Society has indicated that it intends to contribute its share of the proceeds from
the sale of the lot toward reimbursing the Town for the purchase of the Jay property as secured
open space. The Society has a non-binding, informal agreement with the Town to contribute this
money based on the Society's assumption that they can sell the subject property as a developable
lot. Without the Society's monetary contribution, the Town would end up shouldering a greater
share of the acquisition price for the Jay property,
Argument Against Granting the Appeal
The subject property is steep and potentially subject to geotechnical hazards (landslides, etc.).
Construction on the lot would add density to the immediate neighborhood and result in an
incremental reduction of undeveloped land. While specific impacts on neighbors could be
addressed in the Site Plan and Architectural Review process, development of this lot would cause
some level of unavoidable impact to surrounding properties.
TmURONTOWN COUNcn.
STAFF REPORT
JUNE 19. 1996
3
SubseqJlent Sh;ps if Appeal is Granted
If the Council grants the appeal and removes draft conditions 1 and 2 from the Certificate, then
the applicant would need to comply with the remaining conditions of the certificate prior to the
issuance of any permits for development of the property, The remaining conditions are typical
requirements for the development of any lot in Tiburon and would not normally pose significant
obstacles to construction.
ConseqJlences if Appeal is Denied
If the Council denies the appeal and lets draft conditions 1 and 2 to remain as written, it is quite
possible that the Society would be unable to meet the parcel area and/or lot width requirements
and would not be able to market the property as a developable lot. The Society could, however,
sell the property to an adjacent property owner to be merged with an adjacent lot. Given the fact
that the property was donated to the Society, this would probably be considered an "economically
viable use" of the property,
RECOMMENDATION
The final disposition of this property requires the prioritization of potentially conflicting policy
objectives by the Town Council. Staff recommends that the Council take public testimony on this
item and give proper consideration to the appeal.
EXHIBITS
I. Draft Conditional Certificate of Compliance
2, Letter from Staff to Landmarks Society dated 5/14/96
3, Notice of Appeal
4. Certificate of Compliance Application
5. Vicinity Map
6. California Government Code Section 66499.35
7. Letter from Hobbs and Taylor to BTLS dated 11/30/95
8. Letter from Fran Mayberry to Stephanie Rice dated 11/3/95
9, Letter from Wm Woods to Roger Felton dated 9/7/96
10. "Petition to Keep Derryberry Lot as Open Space"
C:IOFFICEIWPWIN\REPORTSICOC9506,RPT
TIBURON TOWN COUNCIL
STAFF REPORT
JUNE 19. 1996
4
Recording requested,
when recorded, mail to:
[ill [R1fA\~~ 1f
Town ofTiburon
1155 Tiburon Boulevard
Tiburon, CA 94920
Attn: Scott Anderson
CONDITIONAL CERTIFICATE OF COMPLIANCE
(Division 2 of Title 7, Section 66499.35, California Government Code)
The Town ofTiburon, pursuant to the provisions of the Subdivision Map Act, has determined that
the real property described below was created by grant deed on March 22, 1965, subsequent to the
adoption of subdivision regulations by the Town of Tiburon, and was therefore not divided in
compliance with applicable subdivision regulations at the time of its creation. The Town has fiuther
detennined that the current owner and applicant, the Belvedere- Tiburon Landmarks Society, acquired
its interest in 1990 and does not own any contiguous parcels. Pursuant to the provisions of California
Government Code ~66499.35, the Town may impose any conditions which would have been
applicable to the property in 1990 when the applicant acquired its interest. Those conditions are set
forth in Exhibit "C" attached to this certificate.
Property Owner(s) of Record: Belvedere- Tiburon Landmarks Society
(as shown on the latest equalized assessment roll)
Record Date for Subiect Property: Recorded March 22, 1965, in Book 1921 of Official records
at Page 652, Marin County Records.
Assessor's Parcel Number: 58-223-11
Description: See Exhibit "A" attached hereto and incorporated herein.
Exhibit "B" attached hereto graphically depicts the property
for illustrative purposes only.
Note: The description in Exhibit "A" has been taken from the Preliminary Title Report
prepared by Old Republic Title Company of Marin dated 11129/95, Order No.
485613, and neither the Town ofTiburon nor any ofits officers or employees assume
responsibility for the accuracy of said description.
Conditions:
1. This Conditional Certificate of Compliance is expressly conditioned so as to require that prior
to the issuance of a permit or other grant of approval for any development of the property
TOWN OF TIDURON
CERTIFICATE OF lAND DIVISION COMPUANCE 95.{)6
MAY 10. 1996
EXHIBIT NO.-1-
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there shall be compliance by the property owner, or any subsequent transferee of the property,
with the conditions and requirements as set forth fully in Exhibit "C" attached hereto and
incoqJOrated herein.
This Conditional Certificate of Compliance shall in no way affect the requirements of any other
County, State, Federal, or local agency that regulates development of real property; not does it affect
applicable regulations of the Town ofTiburon governing the construction of improvements to real
property.
Dated: May 10, 1996
TOWN OF TIBURON
A Municipal Corporation
By:
Scott Anderson
Planning Director
TOWN OF TIDURON
CERTIFICATE OF lAND DIVISION COMPLIANCE 95-<)6
MAY 10.1996
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EXHIBIT "A"
APN# 058-223-11
THAT PORTION of the "Lands of Smith", as shown on "Map of Vistazo", filed May
11, 1962 in Volume 11 of Maps, at Page 13, Marin County Records, described as
follows:
BEGINNING at the point of intersection of the Northwestern boundary line of the
parcel of land described in the Deed from Transwestern Title Company, a
corporation, to Robert C. McNaught, et al, recorded September 1, 1959 in Book
1307 of Official Records, at Page 284, with the Western line of Lot 2, as shown
on the map above referred to, and running thence along said Northwestern
boundary line (1307/284) South 620 06' West 213.083 feet to an angle point
therein, and runn-ing thence South 840 00' West 70.0 feet to the point of
intersection thereof with the Southeastern boundary line of the parcel of land
described in the Deed from Leslie Smith to Michael Wornum, recorded July 12,
1962 in Book 1590 of Official Records, at Page 261, running thence along the
Southeastern boundary line thereof along the arc of a curve concave
Southeasterly, having a radius of 120.0 feet, an arc distance of 89.211 feet to
the Southwestern corner of Lot 1 as shown on the map above referred to, running.
thence along the exterior boundary line of said Lot 1 the following courses and
distances; Easterly on a curve to the right with a radius of 120.0 feet an arc
distance of 60.875 feet, South 870 30' East 40.00 feet on a curve to the left
with a radius of 50 feet, an arc distance of 73.813 feet, North 70 55' East
196.258 feet on a curve to the left with a radius of 20 feet an arc distance of
58.178 feet to the intersection thereof with the Southeastern line of Vistazo
West, as shown on the map above referred to, thence Northwesterly along said
Southeasterly line of Vistazo West on the. arc of a curve to the right with a
radius of 50.0 feet an arc distance of 61.203 feet and South 88' 37' East 49.00
feet, and on the arc of a curve to the left with a radius of 260.00 feet, an arc
distance of 14.289 feet to the point of intersection thereof with the Northern
line of Lot 2 above referred to, running thence Southwesterly along the exterior
boundary line of said Lot 2 on the arc of a curve to the left with a radius of
20.0 feet an arc distance of 27.706 feet, thence South 70 55' West 23~.711 feet
to the point of beginning.
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EXHIBIT "B"
APN# 058-223-11
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EXHIBIT "C" (p. I of I)
CONDITIONS FOR CONDITIONAL CERTIFICATE OF COMPLIANCE 95-06
(ASSESSOR PARCEL NO. 58-223-11)
1. The applicant must demonstrate that the property meets all criteria for the creation of a parcel
in the RO-2 zone as would have been applicable on the date that the applicant acquired the
property (June 28, 1990). Specific determination of certain criteria (such as minimum lot area
based on average slope) will require the submittal of additional topographic and survey
information. Requirements include, but are not limited to, the following:
A) Per the requirements of the RO-2 zoning district, the parcel must have a minimum
20,000 ft' oflot area, and a minimum 50' width measured at the front building setback
line,
B) Per Section 14 of the Zoning Ordinance (Ord. 9 N.S.), if the average slope of the
property is between 30 and 35%, then 30,000 ft' oflot area is required. If the slope
of the property is over 35%, then a minimum of one (I) acre of area is required. If the
average slope is less than 30%, then the minimum parcel area of 20,000 ft' shall
control.
C) Per Section 14-50(e)(2) a parks and recreation fee of$500 shall be paid.
2. Prior to the issuance of any development permits for the property, the applicant shall submit
a topographic survey of the property prepared by a registered civil engineer or licensed land
surveyor. The Town shall use this survey information to determine whether the conditions
listed herein have been met.
3, Provided that all conditions can be met and all necessary approvals secured, development of
the property shall be limited to a maximum of one single family dwelling and allowable
ancillary improvements.
4. Prior to issuance of any building or grading permits, Site Plan and Architectural Review
(design review) approval shall be secured from the Town.
5. All requirements of the Tiburon Fire Protection District shall be met.
6. All requirements of the Town Engineer shall be satisfied prior to issuance of building
permits
TOWN OF TIDURON
CERTlFlCAm OF lAND DIVISION COMPllANCE 95~6
MAY to. 1996
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7, Connection to a public sanitary sewer system shall be required prior to development of the
property.
8. Prior to issuance of building permits, the owner shall obtain written confirmation from
MMWD that the property can be served. Connection to MMWD facilities is required.
9. Prior to issuance of building permits, the owner shall obtain written confirmation from
PG&E that the property may be adequately served.
10. Prior to issuance of design review entitlements, the following items shall be provided to
the satisfaction of the Town Engineer:
a) A comprehensive geotechnical report prepared by a registered geotechnical
engineer shall be submitted. The report must address the suitability and
geotechnical feasibility of the proposed project and must identifY any drainage or
soils problems which the design of the project must accommodate.
b) Certification shall be provided that no underground utilities exist within the parcel
that may conflict with its development. Should such conflict exist, it shall be
resolved at the expense of the owner(s) of record,
TOWN OF TIDURON
CERTIFICATE OF lAND DMSION COMPLIANCE 95.06
MAY 10, 1996
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TOWN OF TIBURON
1l5.'i TIBURON BOL:LEVARD . TIBURON . CALIFORNIA lJ-1Q::!n . (.H.'i) .P.'i.7.HJ
FAX H 1.'i1 .OS':!4JK
May 14, 1996
Belvedere- Tiburon Landmarks Society
c/o Roger Felton
P.O. Box 134
Tiburon, CA 94920
RE: Conditional Certificate of Compliance for APN #58-223-11
Dear Mr. Felton,
Enclosed is the Conditional Certificate of Compliance that the Town is ready to record for the
APN #58-223-11 (a,k.a. the "Derryberry Property"). As I explained to you on the phone, it
appears that the property was created by grant deed on March 22, 1965. 1b.is was subsequent to
the adoption of regulations by the Town which required Town approval for the subdivision of any
real property, Therefore, it has been determined that the property was not divided in compliance
with applicable subdivision regulations in effect at the time of its creation.
Pursuant to California Government Code Section 66499.35, the Town may impose any conditions
on the Certificate which would have been applicable to a division of the property at the time the
applicant acquired hislher interest therein. The Town has therefore included as conditions those
requirements that would have been applicable in 1990 (the year the Landmarks Society acquired
the property).
Several of the conditions may require additional parcel area or width, and therefore may
be very difficult to meet. The Town will not issue any development pcrmits for the property
until the conditions listed have been complied with.
The Town will not take action to record this Conditional Certificate of Compliance until 10 days
after the date of this letter (on May 24, 1996). During this 10-day period you may appeal the
conditions of this Certificate to the Tiburon Town Council. I have enclosed an appeal form for
your use. The appeal fee is $300.00. The Town Council has the authority to modifY the conditions
contained in the Certificate of Compliance.
If you have questions regarding the Town's actions in this matter, please contact me at 435-7393.
"~~ cJJ
an Catron
Associate Planner
EXHIBIT NO. :t
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TOWN OF TlBURON
RFCF!VED
MAY 2 2 1996
.
NOTICE OF APPEAL
TOWN OF TIBURON
PLANNING & BUILOING OEPT.
APPELLANT
Name:f;elrJedere - 7I'b{/rol1
Address: P. 0, Be X /34
1cJ./IIoll11.;J r~)
.)0 e-/e/y
,
Telephone: t./35 f) g"ir!
(Work)
#3 5" /?/5 3
LMS-
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ACTION BEING APPEALED
Body: TowV'\. of- ry;~/Jr[)h ~\(l.v\''';''-J (J-e-p&:....f-M<""'+
Date of Action: /111 ct '1 ' 4-,' I ct q ?>
Name of Applicant:--.B"" ( Vt' J~ ('€.,. - 'T; k<.l"<- '" La",'o"''''i'k,s _C;~C-: 1~,A7 .
Nature of Application: CoV\J/f,'onaL C'erf/fl'CAf..e. "t- C{)h1p/;'crh~
GROUNDS FOR APPEAL
. (Attach additional pages, if necessary)
Sece AtfAde~
Last Day to File: ff -;211. c; (p
Fee ($300.00) Paid: C{..21((# 11,f.f
Date Received:
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Date ofHc;aring:
J~uary 1996
.-
Grounds For Appeal
Appeal Action Requested: Remove Conditions For Conditional Certificate
of Compliance Nos. 1 and 2. All other conditions remain including
normal geotechnical approval.
Basis For Requested Action:
1) The parcel is zoned R-02 while on either side the zoning is R-1 or
R-3. The parcel should have been zoned R-1 (it was a fluke). Both R-1
and R-3 have a minimum 40' width requirement. The parcel may meet
the 50' R-02 requirement and certainly meets the 40' R-1 and R-3
requirement. No topographic survey has been prepared in order to save
costs incurred by a non-profit. Landmarks receives no financial benefit
from the sale of the parcel.
2) The parcel is certainly over 20,000 sq ft and would, if built on, fit
well in the neighborhood. How close it is to 30,000 sq ft is unknown as
stated above. It is as steep as neighboring lots and certainly larger than
some. The neighboring lots were all formed legally.
3) Informational Note: No views from a residence would be blocked by
expected construction on the parcel.
Additional Request: Waive appeal fee of $300 for reason stated above.
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TOWN OF TIBURON ,
( COMMUNITY DEVELOPMENT ( 'ARTMENT
LAND DEVELOPMENT AP'PLlCATION
TYPE OF APPLICATION
o Conditional Use Permit
o Conceptual Haster Plan
o Tentative Subdivision Map
o Varience
o Precise Development Plan
o Final Subdivision Map
o Rezoning/Prezon;ng
o Sign Permit
o Lot line Adjustment
,
o Design Review
o \Jell Perm; t
o Tree Permit
o General Plan Amendment
o Zoning Text Amendment
o Parcel Map
o Underground Waiver
"Jl., Certificate of C~l iance
o Other
APPLICANT REQUIRED INFORMATION
1.
Assessor Parcel(s): 11 OS'fJ - .2:2.3 -/1
Zoning: R-o 7--" SFDGeneral Plan Designation:
Property Address: 1070 ,;,'$1-;).2..0 West-. "buroh
,
Property Owner Name: Bel I!(>.c:/ ere ~ T1 'b U YOn 1- 01 no! vn a V' I~s
Mailing Address: p, CD f Box /3tf-
City, state, Zip: I, PVrOI/1 , C4 tJl/47-0
Phone Number: 435, /'153 FAX Number:
2.
3.
4.
5oc.i e +v
/
5.
Applicant Name:
5a,W1e.
Mailing Address:
City, state, Zip:
Phone Number:
6. Property Size: y-z... aCre.
FAX Number:
7. Please briefly describe the purpose of the application (what you want
to accomplish, attach separate sheets if needed).
We. Wl5 C-t tv reur've, ~ Cerfl-ft'cafe of CbmjOfic/I1ce. tv emble
i-I1e /.....I1Am4-ri:s Soc./e~ Iv J'/1drker- said lot ClHd t/$t fh~
Idr()ceed.5 -10(' pt/rduse of ';jc;cl ~ f/qrYtJln,:JY1 "pr'Merr,'e> as "feYlSP4C-t
I I I v .
8. Signature: ,~/ ~ , ~ J..M>
~owner ____Applicant (must have signed letter from owner)
DO NOT WRITE BELOW THIS LINE
.
DEPARTMENTAL PROCESSING INFORMATION }.
EXHIBIT NO. I-t
Application No,: CO( .-'15"-06 Fee Deposit-- -
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1lIE SUBDlVISIO:>l MAP ACT
cellular communications transmission equipment, power sources, and other equipment incidental to
the transmission of cellular communications, if the project is subject to discretionary action by the
advisory agency or legislative body,
(AmendedbySlals.1984. Ch.306;AmendedbySla/s, 1985. Ch.1504; AmendedbySla/s, 1990. Ch.l00 ,
Amended by SItUs. 1992, Ch, l003.)
.1. This division shall also be inapplicable lo:
(a) e financing or leasing of any parcel of land, or any portion thereof, in conjun on with the
construc of commercial or industrial buildings on a single parcel, unless the project is n ubjectto review
under other agency ordinances regulating design and improvement.
(b) The financ or leasing of existing separate commercial or industrial bu'
(Amended by SIal. 982. Ch. 87. Effeclive March 1, 1982. No repealer,)
66412.2. This division sh ot apply lo the construction, financing, or I 'g of dwelling units pursuant to
Section 65852,1 or second u 'ts pursuantto Section 65852.2, but this vision shall be applicable to the sale
or transfer, but not leasing. of se units. ' '
(Added bySla/s, 1983, Ch,101 . 'ffecliveSep/emher 22.1 3,)
66412.3. In carrying out the provisions 0 is division, each I agency shall consider the effectof ordinances
and actions adopted pursuant lo this division the hous" g needs of the region in which the local jurisdiction
is situated and balance these needs against ubI' service needs of its residents and available fiscal and
environmental resources.
(Amended and renumbered by Slats. 198 , Ch. 13. Was formerly 66412.2. Effective Sep/emher 22.
1983.)
66412.5. When soprovided by local omi ce, this division s be inapplicable losubdivisionsoffourparcels
or less for construction of remova commercial buildings ha ' g a floor area ofless than 100 square feet.
(Added by Slals. 1977, Ch. 4 .)
66412.6, (a) For pwposes of s division or ofaJocal ordinance enac ursuant therelo, any parcel created
prior 10 March 4, t972 all be conclqsively presumed lo have been la lIy created if at the 'ime of the
creation of the parce ere was cOJllpliance with any local ordinance or there w no local ordinance in effect
which regnlated . isions of Jari"d creating fewer than five parcels.
(b) For p s of this division or of a local ordinance enacted purs'Dant thereto, arcel created prior
10 March 4 72, shaIi be conclusively presumed 10 have been lawfully created if any su ueni pun:haser
acqu' t parcel for valuable consideration without actual or constructive knowledge of a v tion of this
divi' or !he local ordinance, Owners of parcels or units ofland affected by the provisions of this s Vtslon
!lerequired lo oblain a cenificale of compliance or a conditional certificate of compliance purs lo
S tion 66499.35 prior lo obtaining a permit or o!her grant of approval for development of the parcel or un
of land. For purposes of determining whether the parcel or unit of land complies with !he provisions Qf this
division and of local ordil)3rlces enacted pursuant theTeto, as requi~iiimt to subdivision (a) of~ection
. 66499,35, the presllll)ptron declared in !his subdivision shall not be operative,
. . (c) This section sli'aiJ remain in effect only until January I, 1994, and as of that date is repealed, unless a
later enacted statute, which is enacted before Jl!!!JIaJy I. 1994, de es x
-;, ec.. t2, a) Forpurposes of !his division oro a ocal ordinance enacted pursuant therelo, any parcel
created prior 10 March 4, 1972, shall be conclusively presumed lo have been lawfully created if !he parcel
resulled from a division ofland in which fewer!han five parcels were created and if at the time of the creation
af!he parcel, there was no local ordinance in effect which regulated divisions ofland creating fewer than five
parcels.
(b) For pwposes of this division or of a local ordinance enacted pursuant therelo, any parcel created prior
lo March 4, 1972, shall be conclusively presumed 10 have been lawfully crealed if any subsequent pun:haser
acquired that parcel for valuable consideration without actual or constructive knowledge of a violation of !his
division or !he local ordinance, Owners of parcels or units of land affected by the provisions of this subdivision
shall be required lo oblain a certificate of compliance or a conditional certificate of compliance pursuant 10
Section 66499.35 prior lo obtaining a permit or other grant of approval for development of the parcel or unit
of land, For pwposes of determining whether the parcel or unit of land complies with the provisions of this
division and of local ordinances enacted pursuant thereto. as required pursuant to subdivision (a) of Section
66499.35, the presumption declared in !his subdivision shall not be operative,
(c) This section shall become operative January t, 1994,
(Amended by Slats. 1981, Ch. 1184.; Amended, repealed, and added by Slals. 1988, Ch. 1041.)
66412.7, A subdivision shall be dcemed established for pwposes of subdivision (d) of Section 66499.30 and
My o!her provision of this division on the dale of recordation of the final map or parcel map, except that
in the case of (I) maps filed for approval prior to March 4, 1972, and subsequently approved by the local
I napplicabilily
ApplkabiJiJy
ConsiduaJion of
regional housing
needs
I napplicabilily
Minor land divisioll
validation
(
.Cettif~aJe 0/
compli4nce nquind
l
EJlut 01
,ecordatioll
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1993 Planning, Zoning, 1lIId Development La... . 117
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EXHIBIT NO. . ~ . ~
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I
TIlE SUBDIVISION MAP ACT
,"
(e) IssU4lJce of
urtificMe
(d) Effect of
Tec'orr/ed tn/Jp
(.) Offu:iaJ map!
certificate of
compliance
the city or the county shall causea ceiiificate of compliance to be filed for record with the rec der of the
county in which the real propqty is'located. The certificate of compliance shall identify the real ropertyand
shall stale that the division"thereof complies with applicable provisions of this divisio and of local
ordinances enacted puir~ant thereto. The local agency may i~pOse a reasonablc fee to c vcr the cost of
issuing and Tecord'ing the certificate of compliance. ."" , " .",.
(b) If a loc3I agency determines that the real propenydoes not comply with the provi onsofthis division
or of locii ordinances enacted pUTsuant thereto,li shall issue a certificate of comp . nce or a conditional
~(jcale of compliance. A local agen~y,rnay, as a condition to granting a certific of compliance, impose"","
any conditions which would haveJleen applicable to the division Of the prope at the time the applicant'"'.
acquired his or her interest themo, and which had been established at that me by this division "Or tocaJ "
inance enacted P.lllOi1aiiftbereto, except that where lIw8pplicant was owner o!:.r.l:Dord ai the time of
'nitial violation of the provisions of this division or of local ordinan enacted pursuant thereto who by
a of the real property created a parcel or parcels in violation of s division or local ordinances enacted
pursuan ereto, and the person is the current owner of Tecord one or more of the parcels which were
created as esult of the grant in violation of the division or I ordinances enacted pursuant thereto, then
the local agen may impose any conditions which would pplicable to acurrentdivision of the property.
Upon making tIi determination and establishing the c ditions the city or county shall cause a conditional
certificate of comp' ce to be filed for record wi e recorder of the county in which the real property is
located. The certificate all serve as notice to th roperty owneror vendee who has applied for the certificate
pursuant to this section, a ntee of the pr rty owner, or any subsequent transferee or assignee of the
property that the fulfillment dimple tation of these conditions shall be required prior to subsequent
issuance of a permit or other to proval for development of the property.
Compliance with these conditi shall not be required until the time which a pennit or other grant of
approval for development of prope is issued by the local agency,
(c) A certificate of co iance shall issued for any real property which has been approved for
development pursuant ection 66499.34.
(d) A recorded fin map, parcel map, official ,or an approved certificate of exception shall constitute
a certificate of co pliance with respect to the parce of real property described therein.
(e) An offic' map prepared pursuant to subdivision of Section 66499.52 shall constitute a certificate
of compli e with respect to the parcels of real propeny ribed therein and may be filed for record.
whether r not the parcels are contiguous, so long as the parce are within the same section or, with the
app at of the city engineer or county surveyor, within contiguou tions of land.
This section shall remain in effect only untilJanuary t, 1994, an of that date is repealed, unless a
ater enacted statute, which is enacted before January I, t994, deletes or exI s that date,
(Amended by Stats. 1982, Ch. 87. Effective March 1.1982; Amended by Slats. 3. Ch. 677; Amended
and repealed by Slats, 1988, Ch. 1041.)
Note: Stats. 1982, Ch. 87, also reads:
SEC. 34. Amendments made to Section 66499.35 of the Government Code by this act are I ded to
eliminate the statutory authorization whereby a person who divides real property in violation 0 e
Subdivision Map Act (Division 2 (commencing with Section 66410) ofTitle 7 of the Government Code) 0
local ordinances enacted pursuant thereto is himself or herself entitled to obtain a conditional certificale of
compliance with regard to such property based solely on conditions which could have been imposed upon
such person at the time of the unlawful division.
, . (a) Any person owning real property or a vendee of that person pursuant to a contract of sale of the
real property may request, and a local agency shall determine, whether the real propeny complies with the
provisions of this division and oflocal ordinances enacted pursuant thereto, Upon making thedetermination,
the city or the county shall cause a certificate of compliance to be filed for record with the recorder of the
county in which the real property is located, The certificate of compliance shall identify the real property
and shall state that the division thereof complies with applicable provisions of this division and of local
ordinances enacted pursuant theTeto. The local agency may impose a reasonable fee to cover the cost of
issuing and recording the certificate of compliance.
(b) Ifa local agency determines that the real property docs not comply with thc provisions of this division
or of local ordinances enacted pursuant thcreto, it shall issue a certificate of compliance or a conditional
certificate of compliance, A local agency may. as a condition to granting a certificate of compliance, impose
such conditions as would have been applicable to the division of the property at the time the applicantacquired
his or her interest therein, and which had been established at such time by this division or local ordinance
enacted pursuant thereto. except that where the applicant was the owner of record at the time of the initial
violation of the provisions of this division or of local ordinances enacted pursuant thereto who by a grant of
the real property created a parcel or parcels in violation of this division or local ordinances enacted pur.mant ~~
. '~~
.." .._,,~. ,..":... ..._,... ...- ''''''"'''''C'''''....''.,i~.~
4
c
Repealer
Cel'1ifl4aJe 0
complianufdi~
(O~'aI;l'e January
1, 1994)
.
.-!'">.
184 .
.
.
.
TIlE SUBDIVISION MAP ACT
.J'
,.
thereto, and the person is the current owncr of record of one or more of the parcels which were created as a
result of the grant in violation of the division or local ordinanecs enacted pursuant thereto, then thc local
agency may impose any conditions which would have been applicable to a current division of the propeny.
Upon making the determination and establishing the conditions the city or county shall cause a conditional
certificate of compliance to be filed for Tecord with the recorder of the county in which the real propeny is
located. The certificate shall serveas notice to the propeny owner or vendee who has applied for the certifieate
pursuant to this section, a grantee of the propeny owner, or any subsequent transferee or assignee of the
propeny that the fulfillment and implementation of the conditions shall be required prior to subsequent
issuance of a permit or other grant of approval for development of the property.
Compliance with these conditions shall not be required until the time which a permit or other grant of
approval for development of the propeny is issued by the local agency.
(c) A certificate of compliance shall be issued for any real property which has been approved for
development pursuant to Section 66499.34.
(d) A recorded fmal map, parcel map, or official map shall constiwte a certificate of compliance with
respect to the parcels of real property described therein.
(e) An official map prepared pursuant to subdivision (b) of Section 66499.52 shall constitute a certificate
of compliance with respect to the parcels of real propeny described therein and may be filed for record,
whether or not the parcels are contiguous, so long as the parcels are within the same secuon or, with the
approval of the city engineer or county surveyor, within contiguous sections of land.
(I) This section shall become operative 1anuary t, 1994.
(Added by Slals, 1988. Ch. 1041.)
66499.36. Whenever a local agency has knowledge that real propeny has been divided in violation of the Notice of .iDlano"
provisions of this division orof local ordinances enacted pursuant to this division, itshall cause to be mailed
by certified mail to the then current owner of record of the propeny a notice of intention to record a notice
of violation, describing the real propeny in detail, naming the owners thereof, and stating that an opponunity
wiD be given to the owner to present evidence. The notice shall specify a time, date, and place for a meeting
at which the owner may present evidence to the legislative body or advisory agency why the notice should
not be recorded. The notice shall also contain a description of the violations and an explanation as to why the
subject parcel is not lawful under subdivision (a) or (b) of Section 66412.6.
The meeting shall take place no sooner than 30 days and no later than 60 days from date of mailing, If.
within t5 days of receipt of the notice, the owner of the real property fails to inform the local agency of his
or her objection to recording the notice of violation, the legislative body or advisory agency shall record the
notice of violation with the county recorder. If, after the owner has presented evidence, it is determined that
there has been no violation. the local agency shall mail a clearance leller to the then current owner of Tecord.
If, however, after the owner has presented evidence, the legislative body or advisory agency determines that
the property has in fact been illegally divided, the legislative body or advisory agency shall record the notice
of violation with the county recorder, The notice of violation, when recorded, shall be deemed to be
constructive notice of the violation to all successors in interest in such property, The county recorder shall
index the names of the fee owners in the general index.
(Amended by Slals, 1984, Ch, 864,)
Article 3. Judicial Review
66499.37. Any action or proceeding to attack, review, set aside, void or annul the decision ofanadvisory agency, Scop. of re.....
appeal board or legislative body concerning a subdivision, orof any of the proceedings, acts or determinations
taken, done or made prior to such decision, or to determine the reasonableness, legality or validity of any
condition attached thereto, shall not be maintained by any person unless such action or proceeding is
commenced and service of summons effected within 90 days after the date of such decision. Thereafter all
persons are barred from any such action or proceeding or any defense of invalidity or unreasonableness of
such decision or of such proceedings, acts or determinations. Any such proceeding shall take precedence over
all matters of the calendar of the coun except criminal, probate, eminent domain and forcible entry and
unlawful detainer proceedings.
(Amended by Slats. 1980, Ch, 1152.)
1993 Planning, Zoning, and D"'IoP:::~~.
. - '<o,..too.
. .- ~~
_ --' .' ..;: ~-~.~~.-;. ._,0;..... . .... ~ ., .
.-~"':."l~--:-~1l..!~.q,r:. .
/
1~:::,f'>P::~',11.:;:o;"'\1 .
,J .'< , "1 \, ;'"",1r-1
.jLJi.J 0 7 1996
Tovm 0:= TIi3IJRON
PL':.;\;~;~:G \?o. CL.:~!..~::~G DE?T..
The Landmarks Society
Tiburon, California
NGvember 30, 1995
Attention: Mr. Roger Felton, President
Dear Mr. Felton:
We have been doing some additional research on the Derryberry property
located on Vistazo West in Tiburon. Together with our new findings, we are
summarizing below many of the reasons why we continue to believe that the
Derryberry property cannot and should not be sold for development. We fervently
hope that you will reconsider your position on this issue:
1. At the time that Mr, Derryberry deeded his lot to Landmarks, November
28, 1989, his annual real estate taxes amounted to $25, and he was in arrears
approximately $216. This leads us to believe that for a number of reasons, both
the county and Mr. Derryberry knew that this property was practically worthless,
That must be why he was willing to donate it to Landmarks for an estimated tax
credit of $35,000.
2. At the suggestion of neighbors who were interested in preventing the
development of the adjoining Jay property, Mr. Derryberry deeded the lot to
Landmarks with the written stipulation that "this gift is subject to the
condition that the property shall remain as open space." See his Grant Deed,
dated November 28, 1989.
3. Landmarks accepted this property believing that their ownership would
help deny access to the owner/developer of the Jay property, thus hindering its
development.
4. Once the Jay property was successfully placed into the "open space"
category, neighbors who had worked to get the Derryberry property into
Landmarks' hands were shocked to learn that Landmarks was renegotiating with Mr.
Derryberry to allow the lot to be sold for development.
5. As a result, a full-scale and determined effort has been organized to
keep this lot as "open space." Over 90 angry neighbors have signed a petition
to this effect and will vigorously oppose any future efforts to develop this
property, just as we fought to defend the Jay property.
6. Not only is this lot in a "slide" area, as He discovered when opposing
Jay, but a large portion of the upper part of the property washed away in the
early 80s. A~yone interested will see that tons of rock have been placed in the
washed out area to prevent further erosion.
7. We have recently examined the Summary of the Tiburon Zoning District
Requirements and note that a minimum area of 20,000 square feet, plus at least a
50 foot width are required for a lot to be buildable. We found that the
property does not comply with these minimums.
EXHIBIT NO. +
,
The Landmarks Society
November 30, 1995
Page 2
In summary, please reconsider the position you have taken in terms of the
practical, ethical, and moral issues that we have pointed out above and donate
the Derryberry property to the Marin County Open Space District, as originally
intended.
Sincerely,
~ ~ /it-.1+
-
Stan Hobbs
Ben Taylor
cc: Tte Ark
Prudential Realty
Tiburon Town Council
Francis M. Brigmann
Dan Catron
Serge Martial
William Woods, Jr.
.-
1494 Vistazo West
Tiburon, CA. 94920
November 3, 1995
Prudential Realty
83 Beach Road
Belvedere, CA. 94920
Att:
Stephanie Rice
As you will see from my address, I am a "neighbor" of
the lot on Viitazo West that you are trying to sell for de~elop-
ment. I think it impo~tant that you are fully cognizant of what
has gone on in relation to that lot, and the possibility of
serious community action if the lot is not restored to open space.
As you know, when the lot was transferred by Mr. Derryberry,
the previous owner, to the Landmark Society, it was specifically
given for use as opan space, with Mr. Derryberry receiving tax
benefits.
Not only should you be concerned about the active movement
to restore the lot to open space, but also the many drawbacks to
the use of the '.ot for development. I trust you are imparting
all this information to future prospects for purchase.
As you know, the lot has a history of landslides, and the
steepness of the terrain indicates instability, particularly
with the disturbance that would be caused by construction.
If the lot were suitable for development, one wonders why Mr.
Derryberry didn't develop it at the time he was developing the
adjacent lots on Vistazo West (two triplexes and one duplex).
It is the hope of Vistazo West neighbors as well as the
residents of 90 Lyford and 1410 Vistazo West that you will recon-
sider the advisability of proceeding, considering all of these
negative factors. It is our fervent hope that we will not be
forced to proceed further to maintain this lot as open space.
Yours truly,
fj/1jl'Y'-~.>2..JY_ Yh'l./' , ..
Frances C. M~}b:;?y
cc:
Landmarks SOCiety
Tiburon Vista Townhouses, Inc.
Ben Taylo;i
Stan Hobbs
The ARK
Ra=cr=n!ED
JUN 0 7 1996
. TOWN OF TI8URON
PL/,,';N:NG & CU:LDING OI;P1;
EXHIBIT NO. 8
~'
Tiburon Vista Townhouses, Inc.
90 Lyford Drive
Tiburon, California 94920
September 7, 1995
c0J'
'0cQ~
~
VIA COURIER
Mr. Roger Felton, President
Landmarks Society
1600 Juanita Lane
Tiburon, CA 94920
Dear Mr. Felton:
As we discussed on the phone several weeks ago, I want to reemphasize the
position of this Association concerning your intention to remove the lot on Vistazo
West from its present open space status and to return it to the market for
development. We obiect to your intended sale of the prooerty. It has the potential for
obstructing the south view of the ten condominium units here, as well as the ten next
door on Vistazo West, as well as the dwellings across the street on Vistazo. There is
also the potential for de-stabilizing the southern slope in front of these large parcels.
Furthermore, we do not feel that it is in keeping with the charter of the
Landmarks Society. Nor is it within the public understanding of the transaction that
the citizens of Tiburon supported in financing the acquisition of this and contiguous
property for open space. If the Society sells the property, we believe that action
would throw into question the Society's charter and its non-commercial status,
such.
We feel that the property should remain in open space, and dedicated as
We believe that the purpose of the Society is best served by raising money for
the open space dedication of this property, and we would be more than pleased to
help the Landmarks Society raise the money necessary to do so. If you wish to
discuss affirmative steps for doing so, please feel free to call me (435-3810).
I would appreciate it if you would share this letter with your Board of Directors.
And I would appreciate it if you would keep this Association informed of your
intended actions,
Very truly yours,
William W. Woods, Jr., President
cc: Marin County Open Space
Tiburon Planning
Stan Hobbs
Serge Martial
TVT Association Members
RE~r.:~~fED
JUN 0 7 1996
TOWN OF TIBURON
PI....NN!NG & 6Ull.OING DEPT.
EXHIBIT NO. q
PETITION TO KEEP DERRYBERRY LOT AS OPEN SPA8F~E!VED
JUN 0 7 1996
TO: THE LANDMARKS SOCIETY
LAST CHANCE COMMITTEE
MARIN COUNTY OPEN SPACE DISTRICT
TOWN OF TIBURON
IN 1989, THE LANDMARKS SOCIETY ACCEPTED A LOT FROM A MR. DERRYBERRY
TO BE SPECIFICALLY RETAINED AS "OPEN SPACE". THE REASON FOR ACCEPT-
ING THE PROPERTY WAS TO HELP PREVENT THE ADJOINING 16 ACRE "JAY"
PROPERTY FROM BEING DEVELOPED. NOW THAT THE "JAY" PROPERTY IS
OWNED BY THE MARIN COUNTY OPEN SPACE DISTRICT AS PERMANENT OPEN
SPACE, THE LANDMARKS SOCIETY IS TRYING TO REMOVE THE DERRYBERRY
PROPERTY FROM ITS "OPEN SPACE" STATUS, SO THAT IT CAN BE.SOLD TO
A DEVELOPER I
TOWN OF TIBURON
PLA:"~ING 11 6Ui!.DING DEPT.
WE, THE UNDERSIGNED, DO NOT BELIEVE THAT THE LANDMARKS SOCIETY OR
ANY OTHER ORGANIZATION HAS THE RIGHT TO FIRST ACCEPT LAND AS
"OPEN SPACE" AND THEN TRY TO SELL IT FOR DEVELOPMENT AT A LATER TIME.
OPEN SPACE SHOULD REMAIN OPEN
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EXHIBIT NO. 10
PETITION TO KEEP DERRYBERRY LOT AS OPEN SPACE
TO: TilE LANDMAI1KS SOCIETY
LAST CIIANCE COMMITTEE
MARIN COUNTY OPEN SPACE DISTRICT
TOI.JN OF TI BURON
IN 1989, THE LANDMARKS SOCIETY ACCEPTED A LOT FROM A MR. DERRYBERRY
TO BE SPECIFICALLY RETAINED AS "OPEN SPACE". THE REASON FOR ACCEPT-
ING THE PROPERTY WAS TO HELP PREVENT THE ADJOINING 16 ACRE "JAY"
PROPEI1TY FROM BEING DEVELOPED. NOW THAT THE "JAY" PROPERTY IS
OWNED BY TilE MARIN COUNTY OPEN SPACE DISTRICT AS PERMANENT OPEN
SPACE, THE LANDMARKS SOCIETY IS TRYING TO REMOVE TilE DERRYBERRY
PROPERTY FROM ITS "OPEN SPACE" STATUS, SO THAT IT CAN BE .Sour TO
A DEVELOPER! .'
WE, THE UNDERSIGNED, DO NOT BELIEVE THAT THE LANDMARKS SOCIETY OR
ANY OTlJER ORGANIZATION HAS THE RIGHT TO FIRST ACCEPT LAND AS
"OPEN SPACE" AND THEN TRY TO SELL IT FOR DEVELOPMENT AT A LATER TIME.
OPEN SPACE SHOULD REMAIN OPEN SPACE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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VV MO.N\~ Lvc...~"'\~ /7~/<J l/-"/;y zP./~;@P/
PETITION TO KEEP DERRYBERRY LOT AS OPEN SPACE
TO: THE LANDMARKS SOCIETY
LAST CHANCE COMMITTEE
MARIN COUNTY OPEN SPACE DISTRICT
TOWN OF TIBURON
IN 1989, THE LANDMARKS SOCIETY ACCEPTED A LOT FROM A MR. DERRYBERRY
TO BE SPECIFICALLY RETAINED AS "OPEN SPACE". THE REASON FOR ACCEPT-
ING THE PROPERTY WAS TO HELP PREVENT THE ADJOINING 16 ACRE "JAY"
PROPERTY FROM BEING DEVELOPED. NOW THAT THE "JAY" PROPERTY IS
OWNED BY THE MARIN COUNTY OPEN SPACE DISTRICT AS PERMANENT OPEN
SPACE, THE LANDMARKS SOCIETY IS TRYING TO REMOVE THE DERRYBERRY
PROPERTY FROM ITS "OPEN SPACE" STATUS, SO THAT IT CAN BE SOLD TO
A DEVELOPER I
WE, THE UNDERSIGNED, DO NOT BELIEVE THAT THE LANDMARKS SOCIETY OR
ANY OTHER ORGANIZATION HAS THE RIGHT TO FIRST ACCEPT LAND AS
"OPEN SPACE" AND THEN TRY TO SELL IT FOR DEVELOPMENT AT A LATER TIME.
3.
OPEN SPACE SHOULD REMAIN OPEN SPACE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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( ~-,)
PETITION TO KEEP DERRYBERRY LOT AS OPEN SPACE
TO: THE LANDMARKS SOCIETY
LAST CHANCE COMMITTEE
MARIN COUNTY OPEN SPACE DISTRICT
TOWN OF TIBURON
IN 1989, THE LANDMARKS SOCIETY ACCEPTED A LOT FROM A MR. DERRYBERRY
TO BE SPECIFICALLY RETAINED AS "OPEN SPACE". THE REASON FOR ACCEPT-
ING THE PROPERTY WAS TO HELP PREVENT THE ADJOINING 16 ACRE "JAY"
PROPERTY FROM BEING DEVELOPED. NOW THAT THE "JAy"PROPERTY IS
OWNED BY THE MARIN COUNTY OPEN SPACE DISTRICT AS PERMANENT OPEN
SPACE, THE LANDMARKS SOCIETY IS TRYING TO REMOVE THE DERRYBERRY
PROPERTY FROM ITS "OPEN SPACE" STATUS, SO THAT IT CAN BE SOLD TO
A DEVELOPERl
WE, THE UNDERSIGNED, DO NOT BELIEVE THAT THE LANDMARKS SOCIETY OR
ANY OTHER ORGANIZATION HAS THE RIGHT TO FIRST ACCEPT LAND AS
"OPEN SPACE" AND THEN TRY TO SELL IT FOR DEVELOPMENT AT A LATER TIME.
Id~llcLc\ (jbf/ntUz:r-
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OPEN SPACE SHOULD REMAIN OPEN SPACE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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PETITION TO KEEP DERRYBERRY LOT AS OPEN SPACE
TO: THE LANDMARKS SOCIETY
LAST CHANCE COMMITTEE
MARIN COUNTY OPEN SPACE DISTRICT
TOWN OF TIBURON
IN 1989, THE LANDMARKS SOCIETY ACCEPTED A LOT FROM A MR. DERRYBERRY
TO BE SPECIFICALLY RETAINED AS "OPEN SPACE". THE REASON FOR ACCEPT-
ING THE PROPERTY WAS TO HELP PREVENT THE ADJOINING 16 ACRE "JAY"
PROPERTY FROM BEING DEVELOPED. NOW THAT THE "JAY" PROPERTY IS
OWNED BY THE MARIN COUNTY OPEN SPACE DISTRICT AS PERMANENT OPEN
SPACE, THE LANDMARKS SOCIETY IS TRYING TO REMOVE THE DERRYBERRY
PROPERTY FROM ITS "OPEN SPACE" STATUS, SO THAT IT CAN BE SOLD TO
A DEVELOPERl
WE, THE UNDERSIGNED, DO NOT BELIEVE THAT THE LANDMARKS SOCIETY OR
ANY OTHER ORGANIZATION HAS THE RIGHT TO FIRST ACCEPT LAND AS
"OPEN SPACE" AND THEN TRY TO SELL IT FOR DEVELOPMENT AT A LATER TIME.
OPEN SPACE SHOULD REMAIN OPEN SPACE
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~99
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TOWN COUNCIL
ST AFF
REPORT
TO:
TOWN COUNCIL
MEETING DATE: 6/19/96
REPORT DATE: 6/11/96
FROM:
SCOTT ANDERSON, ~
PLANNING DIRECTOR
ITEM NO.:
/2-
SUBJECT: REPEAL CHAPTER 19 OF THE TIBURON TOWN CODE AND ADOPT
NEW CHAPTER 19 REGULATING ENCROACHMENTS (Ordinance-1st
reading)
BACKGROUND
Chapter 19 of the Tiburon Town Code forms the basis for
regulation of encroachments onto Town streets, right-of-ways, and
Town property. Among other things, it establishes application
procedures and implementing standards and requirements.
The Town currently operates under a 1953 Marin County ordinance
adopted by reference upon the Town's incorporation in 1964. It
is considerably out of date.
At its 1995 Council/Staff retreat, the Town Council established
the revision of Chapter 19 as a "medium" priority goal, with an
estimated completion date of March 1996.
ANALYSIS
A draft revised Chapter 19 has been prepared with important
contributions from the former Town Attorney, current Town
Attorney, Town Engineer, and Superintendent of Public Works.
Staff has attempted to keep the revised ordinance simple yet
adequately comprehensive. Authority for review and approval of
encroachment permits is assigned to the Town Engineer, except in
any instances where a permanent encroachment is proposed, in
which case the Town Council acts on the application. Current
Town policy also makes this distinction, except that the
Superintendent of Public Works (rather than the Town Engineer)
reviews applications for encroachment permit. Staff believes
that because of the technical nature of many encroachment permit
applications, the Town Engineer is the most appropriate
professional to review them. This is the method of operation
used by Marin County. The Town does not receive a large number
of encroachment permit applications, and the additional costs of
having the Town Engineer process them is insubstantial.
TIBURON TOWN COUNCIL
STAFF REPORT
MM6
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RECOMMENDATION
That following a public hearing, the Town Council move to read by
title only, and then pass first reading of the ordinance by roll
call vote.
EXHIBITS
1. Draft Ordinance.
2. Current ordinance.
\municode\chap 19 .rpt
TIBURON TOWN COUNCIL
STAFF REPORT
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ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
REPEALING CHAPTER 19 AND ADDING A NEW CHAPTER 19
OF THE TIBURON MUNICIPAL CODE WITH RESPECT TO
ENCROACHMENTS
Section 1.
Findings.
WHEREAS, the Town Council has determined that the Town's existing provisions
with respect to encroachments into Town streets, right-of-ways, and other lands are
outdated and in need of revision; and
WHEREAS, the Town Council has held public hearings on 1996, and
, 1996 and has received and considered public testimony on this
matter; and
WHEREAS, all notices and procedures required by law attendant to the adoption
of this Ordinance have been followed; and
WHEREAS, the Town Council has found that the proposed Town Code revision
is consistent with the goals and policies of the Tiburon General Plan and other ordinances
and regulations; and
WHEREAS, the Town Council has found that the project is categorically exempt
from the requirements ofCEQA per Section 15308 of the CEQA Guidelines.
Section 2.
Chapter 19 of the Tiburon Municipal Code Repealed.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of
Tiburon that Chapter 19 (Streets and Sidewalks) of the Tiburon Municipal Code is hereby
repealed,
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Section 3.
Chapter 19 of the Tiburon Municipal Code Added.
BE IT FURTHER ORDAINED that a new Chapter 19 entitled "Encroachments"
is hereby added to the Tiburon Municipal Code as follows:
Sections:
19-1
19-2
19-3
19-4
19-5
19-6
19-7
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19-9
19-10
19-11
Chapter 19
ENCROACHMENTS
Definitions,
Encroachment Permit Required.
Application and Fees,
Action on Application.
Revocation of Permit; Relocation or Removal of Encroachment.
Responsibility for Repairs and Maintenance.
Surety and Maintenance Bond; Exceptions,
Bodily Injury and Property Damage Liability Insurance.
Public Utility Permits--Special Provisions.
Emergency Excavations.
Penalty for Violation,
Section 19-1. Definitions.
"Encroachment Permit" means a permit issued by the Town to approve work
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within, upon, or beneath Town streets, street right-of-ways, or on Town-owned
land.
"Town Council" means the Town Council of the Town ofTiburon.
"Town Engineer" means the Town Engineer of the Town ofTiburon or his
designee.
"Town-owned land" means land in which the Town holds a real property interest,
but which is not a Town street or street right-of-way.
"W ork" is construed to include (but not be limited to) the erection of any
structure; placement of any improvement; filling; excavation; installation or
removal of utility lines or pipes; installation or construction of curb cuts, curbs, or
gutters; installation or construction of sidewalks or driveways; installation of
roadway approaches; or removal or planting of trees or shrubs. The term "work"
shall also include the business or trade of selling, vending, hawking, or peddling
any merchandise, article, or item whatsoever.
Section 19-2.
Encroachment Permits Required.
An encroachment permit for work within, upon or beneath the Town streets, street
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(b)
(c)
right-of-ways, or Town-owned land shall be required and issued in accordance
with Division 2, Chapter 5,5 (Sections 1450 et seq,) of the California Streets and
Highways Code and the provisions of this chapter.
Section 19-3.
Application & Fees.
(a)
All applications for encroachment permit shall be on forms supplied by the Town
and shall be accompanied by a drawing and/or plan clearly describing the proposed
work, as well as any other materials specified on the Town's application forms,
Except for exemptions specified herein, all applications shall be accompanied by a
non-refundable application fee as established in the Town's current fee schedule,
The application fee may be waived by the Town Manager if the applicant is a
volunteer group performing a service beneficial to the community, or if the
applicant is repairing a sidewalk fronting his property or trimming landscaping.
An inspection fee shall also be established and levied as deemed necessary, Prior
to the issuance of an encroachment permit, the applicant shall deposit an inspection
fee determined by the Town Engineer as adequate to recover the costs of
inspection, Inspection fees are hereby waived when the applicant is either a local
governmental entity such as a special district or school district, or is a utility
company regulated by the California Public Utility Commission. However, the
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contractor performing the work for the utility company or government entity shall
be required to secure an encroachment permit and pay all fees pursuant to this
chapter.
(d)
If any work requiring an encroachment permit is begun without a permit, the
application fee shall be doubled to compensate for the extra staff time involved in
inspecting completed or partially completed work.
Section 19-4.
Action on application; Appeal.
(a)
The following encroachment permit applications shall be reviewed and acted upon
by the Town Council:
(1) Encroachment permit applications entailing the construction of
buildings, car decks, carports, garages, or other permanent structures
of a substantial nature,
(2)
Encroachment permit applications that would have a substantial
adverse effect on vehicular or pedestrian circulation, or on public
health and safety,
The Town Council may approve, approve with conditions, or disapprove the application,
If approved, such applications shall require a recorded encroachment permit. In no event
shall construction of enclosed living space be allowed to encroach within public right-of-
way.
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(c)
(b)
All other applications may be acted upon by the Town Engineer, who may
approve, approve with conditions, or disapprove the application, In his reasonable
discretion, the Town Engineer may refer any application to the Town Council for
action, or may require recordation of any encroachment permit.
The decision of the Town Engineer may be appealed to the Town Council
pursuant to provisions of Chapter 16, Section 3,08 of the Tiburon Town Code,
Section 19-5.
(a)
(b)
(c)
Revocation of Permit; Relocation or Removal of Encroachment.
The Town Engineer may revoke any encroachment permit for reasonable cause,
including but not limited to the failure to abide by conditions of approval. The
decision of the Town Engineer to revoke a permit may be appealed to the Town
Council pursuant to provisions of Chapter 16, Section 3,08 of the Tiburon Town
Code.
Each encroachment permit shalt contain a statement that it is revocable by the
Town,
An encroachment permit shalt contain a condition that in the event of the future
improvement of the street, street right-of-way, or Town-owned land, which in the
discretion of the Town Engineer requires the relocation or removal of the
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encroachment, or in the event that the Town Engineer determines it is reasonably
necessary for the public health, safety, or general welfare, the permittee will
relocate or remove the encroachment at his sole expense. In that event, the Town
Engineer shall serve on the permittee his written demand specifying the relocation
or removal of the encroachment and specifying a reasonable time within which the
relocation or removal must be commenced, The permittee must thereafter
diligently prosecute the relocation or removal to completion,
Section 19-6.
Responsibility for Repairs and Maintenance.
The permittee or his assigns in interest shall be responsible for maintenance and repair of
any work for which a permit was issued, Should at any time any work performed under
the encroachment permit become defective through lack of proper maintenance, such
defect shall be considered as sufficient reason for revocation of the permit as provided in
Section 19-5,
Section 19-7.
Surety and Maintenance Bond; Exceptions.
(a)
Except as stated in paragraph (b) below, before granting a permit under the
provisions of this chapter, the Town Engineer may require the applicant to file with
the Town a satisfactory surety and one year maintenance bond, or other form of
monetary security acceptable to the Town Engineer, in such amounts as the Town
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Engineer deems sufficient to guarantee completion and maintenance of the
improvements,
(b)
A bond or monetary security shall not be required of any county, public
corporation or political subdivision which is authorized by law to establish or
maintain facilities in, under or over any Town street, nor shall the application of
any such governmental unit for a permit be denied, Every such applicant is entitled
as a matter of right to a permit, but is otherwise subject to the provisions of this
chapter and to all reasonable conditions of the permit. The Town Engineer may
require of any such applicant a bond in a sum not to exceed twenty thousand
dollars ($20,000,00) if such applicant has in fact prior to such application failed to
comply with the provisions of this chapter or with the provisions of a previous
permit.
Section 19-8.
(a)
Bodily Injury and Property Damage Liability Insurance.
Before granting a permit under the provisions of this chapter, the approving body
may require the applicant to file with the Town a certificate of insurance for bodily
injury and property damage liability naming the Town as additional insured, The
minimum limits of such insurance shall be fixed by the Town Engineer in such
amounts as he deems sufficient, and in fixing the limits he shall use as his basis the
cost and hazards involved in the work sought to be performed under the permit.
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(b)
In cases involving excavation, grading, or trenching, the applicant shall be wholly
responsible for locating any underground utilities,
Section 19-9.
Public Utility Permits - Special Provisions.
(a)
Any county, public utility district, or municipal water district is entitled to a
blanket permit, renewable annually, for the installation of its service connection
and for ordinary maintenance of its facilities located or installed in Town streets;
but the Town Engineer may revoke any such blanket permit if the permittee fails to
comply with the provisions of this chapter, However, any contractor performing
work for the county, utility company, or municipal water district on any specific
project shall be required to secure an encroachment permit from the Town,
(b)
Public utility districts and municipal water districts shall file with the Town a
faithful performance bond annually, covering all permits required under this
chapter, in such amounts as the Town Engineer deems sufficient, conditioned upon
the proper compliance with the provisions of this chapter.
Section 19-10.
Emergency excavations.
A permittee may excavate openings in Town streets or street right-of-ways to make
repairs in the case of an emergency requiring immediate action, In such cases, any
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affected utility companies and the Town Engineer shall be promptly notified of any such
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action and such permittee, at his own expense, shall immediately replace such street or
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street right-of-way in as good condition as before such excavation,
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Section 19-11,
Penalty for violations.
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Any person, firm or corporation, or agent or employee thereof, who does any of the acts
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specified in this chapter without the authority of such a permit is guilty of a misdemeanor
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and upon conviction thereof shall be subject to penalties pursuant to Section 36901 of the
Government Code, as amended, Such person, firm or corporation is guilty of a separate
offense for each and every day during any portion of which any violation of this chapter is
committed, continued or permitted by such person, firm or corporation and is punishable
as herein provided.
Section 4. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any
reason held invalid or unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance, The Town Council hereby declares that it would
have passed this and each section, subsection, phrase or clause thereof irrespective of the
fact that anyone or more sections, subsections, phrase or clauses be declared
unconstitutional on their face or as applied,
Section 5. Effective Date.
This Ordinance shall take effect and be in force thirty (30) days after the date of passage,
and before the expiration of fifteen (15) days after its passage the same, or its legally
required equivalent, shall be published with the names of the members voting for and
against the same, at least once in a newspaper of general circulation published in the Town
of Tiburon,
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This ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon held on . 1996, and was adopted at a regular meeting
of the Town Council of the Town ofTiburon held on , 1996, by the
following vote:
vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
NICKY WOLF, MAYOR
TOWN OF TffiURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
Imunicodelch 19, fm
Draft Revised Encroachment Permit Ordinance (Muni Code Ch. 19) rev. 6/11/96
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(
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CHAPTER 19.
STREETS AND SIDEWALKS..
Sections:
19-1.
Permits for excavations,
encroachments, etc., in streets.
Adoption by reference of county
regulations governing street
encroachments.
19..2.
-For state law as to authority of town relative to streets. sidewalks
and other public places. see Gov. C. ~ 40401. As to special gas tax
street improvement fund, see ~~ 5.2 to 5-4 of this Code. As to
improperpostingofadvenisements in streets. etc., see~ 8-1. As to
throwing. depositing, etc., of handbills in streets, see 98-3. As to
underground utility districts. see ch. 12. As to street names in
subdivisions. see ~ 14-24. As to requirements for streets and
thoroughfares in subdivisions. see 914-43. As to street trees and
shrubs. see ch. I S. art. 2. As to parks and recreation generaJly. see
ch. 18. As to motor vehicles and traffic generally, see ch. 23. As to
operation of motorcycles on unimproved roads. see 9 23-3.
Sec. 19-1. Permits for excavations,
encroachments, etc., in
streets..
The director of public works may issue written
permits authorizing the permittee to do any of
the following acts within, upon or beneath the
roads of the city:
(a) Fill.
(b) Excavation.
(c) Installation of utility pipes.
(d) Installation or construction of curbs and
gutters.
(e) Installation or construction of sidewalks
and driveways.
(I) Installation or construction of road
approaches.
Sec. 19-1
(g) Removal or planting of trees. (Ord. No.9,
~ 1.)
-As to building permits generally, see ~ 13.[ et seQ. of this Code.
Sec. 19-2. Adoption by reference of
county regulations governing
street encroachments..
Sections 2 through II, both inclusive, ofOrdi-
nance No. 649 (as amended to June 23, 1964) of
the county, known as "An Ordinance of the
County of Marin, State of California, authoriz-
ing the Road Commissioner of the County of
Marin to issue permits for the placing of
encroachments upon county highways and
providing penalties for the violation of any of the
provisions thereof'", are hereby adopted by refer-
ence as part of this chapter insofar as the same are
applicable to the land within the city. Three cer-
tified copies of such county ordinance are to be
maintained at the office of the town clerk.
Where used in. such county ordinance, the
terms County and "rounty of Marin" shall
mean the town; and \he terms Board of Super-
visors" and "Marin County Board of Super-
visors" shall mean the town council,
All other references to boards, departments,
officers, agents or employees of the county shall
be construed to refer to their counterparts per-
forming the same or similar functions for the
city, including any county boards, so functioning
by arrangement between the county and town.
(Ord, No, 9, 99 2, 3.)
.Forstate law as to adoption by reference. see Gov. C. 50021.1 to
50022,10,
166
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JOINT POWERS AGREEMENT FOR COMMUNICATION SERVICES
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This Agreement is made and entered into this 15th day of May , 1993,
by and between the Town of Tiburon ("Tiburon" hereafter), the City of Sausalito ("Sausalito"
hereafter), the City of Mill Valley ("Mill. Valley" heTeafter), ll.Qd the City of Belvedere,
("Belvedere" hereafter) and is based upon the following facts:
(a) California Government Code Sections 6500 et seq. provide that two or more
public agenci~s, by agreement, may jointly exercise any power common to the
contracting parties.
(b) Each of the signatories hereto is a public agency authorized to engage in and
exercise the powers set forth in paragraph 1, below,
(c)
It is to the mutual benefit and in the best public interest of the parties hereto to
provide the services set forth in paragraph I, below, through their joint efforts.
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NOW THEREFORE it is hereby agreed by and between the parties hereto as follows:
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1. Pursuant to California GovemmeGt Code Sections 6500 et seq, the parties hereto hereby
agree to jointly exercise the following powers pursuant to the terms of this Agreement:
(a) To provide dispatch and communications for police, fire and other governmental
functions;
(b) To provide a 9-1-1 public safety answering point;
(c) To provide and install equipment, service, engineer; maintain and repair systems,
radio base, voters and transmitters;
2, The parties hereto do hereby authorize the City of Mill Valley to operate, maintain and
manage a communications center and otherwise to exercise on behalf of all of the'parties
hereto the powers set forth in paragraph I above.
3. This Agreement shall be administered by a committee composed of the chief law
enforcement officer of each of the parties hereto, or his/her designee.
(a) A quorum of the committee shall consist of members representing at least a
majority of the parties hereto, except that less than a quorum may adjourn a
meeting of the committee.
(b) At its first meeting the committee shall elect a chairperson and a vice chairperson,
At said meeting, or at a subsequent meeting, the committee shall adopt by-laws
including, but not limited to, provisions for the calling and conduct of meetings
and for the casting of votes,
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(c) Within six months after the date of this Agreement the committee shall prepare,
, or cause to be pTepared, a "Plan of Operation" which shall include, but shall not
be limited to, the following: .:
(i) Provisions for initial, co~tribuiions by the m~mb~r agencies of equipment,
property and funds necessary for :heperformance of this. Agreement.
"
(ii) ,Provisions for the adoption of an annual budget and for defraying the
expenses provided for in the budget. Budget procedures shall require the
approval of the annual budget by the governing board of each party to this
AgreemeJ;1t. ' '
The Plan of Operation, or any amendment thereto, shall be subject to approval by
the governing board of each party to this Agreement.
(d) The committee shall be responsible for the adoption of general policies .to be
executed by Mill Valley in the performance of this Agreement. Provided, however,
that Mill Valley shall have full responsibility for the hiring, disciplining and
termination of all employees necessary for the execution of this Agreement and
shall otherwise have full authority to exercise, on behalf of the parties, the powers
set forth in paragraph 1 hereof, within policy guidelines established by the
Committee, '
4, The Finance Director of Mill Valley shall serve as the depository for all funds, from
whatever source, received for the performance of the Agreement. Mill Valley shall be
'strictly accountable to the parties hereto for all funds Teceived by Mill Valley and shall
render reports of all receipts and disbursements as required by the Plan of Operation,
Pursuant to Government Code Section 6505.1, the Finance Director of Mill Valley shall
file an official bond in an amount to be fixed by the parties hereto.
5. The exercise of its powers hereunder shall be subject to the restrictions which legally
apply to the manner in which the City of Mill Valley may exercise its powers. -.
6. In the event that any party hereto is held liable upon'lny judgment for damages caused
by a negligent or wrongful act or omission occurring in the performance by the City of
Mill Valley of the powers set forth in paragraph 1 hereof, such liability shall be
apportioned among the parties heTeto in direct proportion to their respective financial
contributions as contained in the annual budget last approved prior to the incident or event
giving rise to such liability, This paragraph shall not be deemed to impose upon any party
hereto any liability for damages caused by a negligent or wrongful act or omission of an
employee or agent of any other party unless such employee or agent is directly involved
in exercising the powers set forth in paragraph 1 hereof.
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Any dispute arising aut of this Agreement shall be decided by neutral binding arbitration
and not by court action, except as provided by California law for judicial review of
arbitration proceedings. In the event of such .dispute, the parties hereto shall attempt, by
unanimous agreement, to select a neutral ar.liitrator,,In the event of theidnability to reach
unanimous agreement orr an arbitrator, such dispute shall b,e submitted to an arbitrator
selected by the presiding judge of th~ Marin County Superior Court, '
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8. This Agreement shall become effective on the day and year first above written and shall
continue in force until the effective date of withdrawal. of any 'party. hereto,
9, 'Any party hereto, other than the City of Mill Valley, may withdraw, effective at the end
of any fiscal year, upon giving not less than one- year's prior written notice to the
Committee. The City ofMiII Valley may withdraw, effective at the end of any fiscal year,
upon giving not less than twO' years' priar written notice to th~ Committee. All of the
parties heretO' shall continue to be financially responsible for their respective shares of any'
obligations and liabilities incurred prior to the termination of this Agreement.
Should an event occur that requires the temporary relocation of the dispatch center for a
lengthy period of time, the parties heretO' shall meet and determine the site of the
temporary location. _ _ _
10, Upon termination of this Agreement the disposition, division or distribution of any
property acquired by the Agency shall be governed by the Plan of Operation.
11, Upon terminatian of this Agreement any surplus money in possession of the Agency
shall be returned to the parties in proportion to the contributions made by them.
12, Any other "public agency", as defined in Government Code Section 6500, which is
. authorized by law to exercise the powers set forth in this Agreement may become a party
to this Agreement by becoming a signatory thereto an terms and conditions which the
parties hereto deem fair and equitable.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the day and year first
abave written.
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Town Clerk
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Mayor
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Mayor f
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City Clerk
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City Clerk
TOWN OF TIBURON
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CITY OF SAUSALITO
CITY OF MILL VALLEY
CITY OF BELVEDERE
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SOUTIIERN MARIN COMMUNICATIONS
PIAN OF OPERATION
1.
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The'Southern Marin Communications (SMC) 'center located at the Mi-ll Valley Public
Safety Building, I Hamilton Driv'e; Mill Valley, will serve, the cities of Mill Valley"
Sausalito, Belvedere and Town of Tiburon Police and the Sausalito and Mill Valley FiTe
Departments.
2. The SMC shall be managed by an oversight .committee composed of a representative from
each participating age'ncy, Each member of the committee shall have one vote. Decisions
of the committee shall be by simple majority. The committee shall appoint one of its
members as the "committee administrator" who Will' be responsible to cooTdinate
technical, budgetary, and personnel issues of the SMC operation.
3. The daily operation of SMC will fall under the supervision of the Chief of Police for the'
City of Mill Valley or hislher designee. The Mill Valley supervisor will work closely with
other agency supervisors and the committee to, develop operational protocol and
procedures and ensuring compliance with same. Collateral administration responsibilities
shall be the responsibilities of the Mill Valley Police Department.
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4.
Personnel issues including disciplinary action, evaluations, and salary step increases, shall
. comply with the polices and procedures of the Mill Valley Police Department Rules and
Regulations and the Memorandum of Understanding between the City of Mill Valley and
the . bargaining unit repre,senting the dispatchers. Hiring of employees pursuant to
paragraph 3(d) of the Joint Powers Agreement shaH be from a list approved by the
. Oversight Committee.
5,
Current staffing levels of the SMC is eight (8) Public Safety Dispatchers and (1) part-time
Public Safety Dispatcher. Supplemental coverage for vacation, sick leave, etc., will be
provided through overtime and part-time dispatchers, Operational staffing levels shall be
determined by the committee. At the outset of this program, a minimum of two (2)
dispatcher~e on duty per shift. This minimum staffing shall not be changed-without
allowing any party the right to immediately withdraw from this Agreement. Thereafter,
actual staffing levels shall be determined by the governing bodies each year as part of the
budget approval process.
Training requirements will be determined by the oversight committee. The objective is
to maintain the standards currently recommended by the Peace Officer Standards and
Training (P.O.S.T.) for Public Safety Dispatchers,
The Chiefs of each participating agency shall review at least annually with the oversight
committee all facets of the operation of the SMC. The Chiefs shall approve annual budget
proposals prior to submission to City Managers and Councils who shall have final budget
approval, per the Joint Powers Agreement.
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8, Financial and Budget. The fiscal period of the SMC shall be the year beginning July 1
and ending June 30, For ~ach fiscal year, capital and operating budgets shall be proposed
and adopted which are consistent with thefundi,ng ability of the member jurisdictions..
. 9. Budget and Contributions. Capital.Improvement Project: The t,;:ommittee m'embers along
with technical advisors have determined that it <<.;11 be necessary 'to purchase and up-grade
existing radio equipment. This one-time cost ';ViI! not exceed $60,000 and will be
appropriated between Mill Valley, Sausalito and TiburonIBelvedere equally, Any savings
from the total cost shall be rolled over to the' following budgetary year reducing each
!larticipating agency contribution,
10. The procedure for adopting budgets is as follows: An operating budget and a capital
budget shall be presented to the governing bodies on or before April 1st of each year,
Upon adoption by each governing body, the budget shall become that of the SMC.
I I. The contribution of each party to the operating budget shall be as follows: The first factor'
is the fixed cost for providing dispatch services Tegardless of the amount of usage. The
fixed cost factor will be applied toward the first 49.2% of the annual budget. The cost for'
providing dispatch services is based upon Mill Valley's estimated value of $40,000 in
communication console and recording equipment. This cost shall be appropriated as
follows: Mill Valley 32%, Sausalito 34% and TiburonIBelvedere 34% of the budget. This
formula will be amortized over four years. At the conclusion of four years, the cost for
providing dispatch s~rvices shall be appropriated as follows: 33.3% for Mill Valley,
Sausalito and TiburonIBelvedere.
12. The second factor is based upon actual usage. "Actual Usage" is defined as the numbers
of calls for service for each of the three contributors (Mill Valley, Sausalito and
TiburonIBelevedere). A "call for service" is defined as a call received for public safety
services and public safety action taken. The actual usage factor is based upon current
data provided to the city managers and includes TiburonlBelvedere as one unit. The
remaining amount of the total cost or 50.8% shall be appropriated in thirds between Mill
Valley, Sausalito and Tiburon/Belvedere. Every three (3) years usage data shall be
reviewed and usage share payment will be adjusted accordingly. Each year during the
budget development process, the Oversight Committee shall review usage.
]3, If, at the end of any fiscal year, there remains an unencumbered balance derived from
budget savings, such balance shall be credited to the member jurisdictions in the same
ratio as their contribution for that fiscal year, towards their following fiscal year
contribution.
14. Each party shall deposit its appropriated funds with the City of Mill Valley in quarterly
installments before the first day of each quarter, based upon quarterly billing by the
Finance Director of the City of Mill Valley. The quarterly billing shall represent
contribution for the communication services as outlined in the JPA.
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If a party is delinquent in paying the City of Mill Valley and City of Mill Valley
obligations cannot be met as a result thereof, the City of Mill Valley may borrow such
funds and the delinquent party shall be responsibl,e for reimbursing to the City of Mill
ValYey for the delinquent amount plus fi;~ce charges and administrative expenses
incurred in order to obtain the loan,'
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16. Transfer of Assets. The Town of Tiburon and City of Sausalito and City of Mill Valley
hereby transfers and conveys to the SMC the use of communications equipment assets to
execute this agreement. Any" purchases of" equipment or future" replacement of current
assets owned by the agencies and Telated to the operation of the SMC shall become the
property of the SMC at the time of such replacement. In the event that one or more
parties withdraws from the Agreement pursuant to paragraphs 8 & 9 of the Agreement,
assets purchased by SMC, or their cash value, shall be clistributed among all the parties
prorata in accordance with the contributions of each party. The value of any assets shall
be determined according to a depreciation schedule established by the Oversight
Committee at the time of purchase of said equipment. Nothing in this agreement shall
preclude the formation of another agreement whereby. any exiting party or parties receives
a cash payment (or actual equipment) equal in value to the prorata share applicable at the
time the agreement is nullified by the withdrawal of any party.
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17. . Frequencies, Each party retains the ownership of its raclio licenses, but shall make the use
of each such frequency available "to SMC and each party for the purpose of carrying out
the provisions of this agreement.
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Marin County
Community Development Agency
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Mark J. Riesenfeld. AICP, Director
TRANSMITTAL MEMORANDUM
TO:
Department of Public Works (DPW), Land Use & Water Resources
DPW, Traffic Division - (Please review plans transmitted to Land Use & Water Resources.
Traffic Study sent under separate cover by OKS)
Office of Waste Management (Transmillal Memorandum Only)
Alto-Richardson Bay Sanitary District
Alto-Richardson Fire Protection District
Strawberry Design Review Board (Supplemental Studies Included)
- Town of Tiburon Planning Department
San Francisco Bay Conservation and Development Commission
California Department of Transportation (Attn: Wingate Lew)
Marin Municipal Water District (Transmittal Memorandum Only)
Thomas Lai, Senior Planne~
June 7, 1996
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FROM:
TOWN OF TISURON
PLANNING & aUIWING DEPT.
DATE:
SUBJECT:
Union Oil Company Design Review 96-511/Use Pennit 96-513/Sign Review 96-512
Assessor's Parcel #055-051-19
250 TibuTon Blvd" Tiburon
APPLICANT:
Robert H. Lee & Associates, Atm: Joe Mattingly/Andrew Pawlowski
1137 N, McDowell Blvd" Petaluma
(707) 765-1660
DECISIONMAKER FOR THIS APPLICATION:
Planning Commission
PROJECT DESCRIPTION:
This is an application to demolish an existing service station and to redevelop the property by constructing a
new 768 square foot service station/food mart building, a 907 square foot carwash/kiosk, and a matching
fueling canopy, In conjunction with this, the proposed project would include the following improvements: (I)
new asphalt concrete paving; (2) new landscaping; (3) new air/water station and vacuum islands; and (4) new
signage totaling approximately 107 square feet in area, Seven off-street parking spaces are proposed. The
following hours of business are proposed: (I) service station - 24 hours; (2) food mart with beer/wine sales - 6
a,m, to 11 p,m.; and (3) car wash - 7 a.m. to 8 p,m, Zoning for the property is BFC-CP (Bay front
Conservation, Planned Commercial) zoning district.
COMPLETENESS OF THE APPLICATION:
Please inform staff in writing whether this application contains the information you need to make a
recommendation on this proposal. If it does not contain sufficient information, please specify the information
3501 Civic Center Drive, #308 - San Rafael. California 94903-4157 - Telephone 14151499-6269 - Fa. (4151499-7880
you need, You may not be able to request additional information later in the process. Your comments on the
completeness of this application must be received 'in this office by June 26, 1996, ,
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ENVIRONMENTAL REVIEW:
Staff has determined that this project is subject to environmental review. Therefore, staff will conduct an
Initial Study of the proposal. Please comment on potential environmental impacts of the project, possible
mitigations of these impacts, and methods of monitoTing the implementation of these mitigations. If you find
that the project is complete, these comments must be received in this office by June 26, 1996.
MERITS OF THE PROJECT:
If the application is complete, and no Environmental Impact Report is to be prepared for the project, please tell
us your comments on the merits of the proposal. Please indicate whether the project conforms to the laws and
policies you use to evaluate the project and recommend changes or conditior.s that you deem necessary based
on your evaluation. These comments must be received in this office by June 26, 1996.
cc; Supervisor Annette Rose
Sharon Douglas
Greenwood Bay HOA
Jack Leonard
Catherine Hamill
Sylvia Moore
Doris Whalen
James King
Raymond and Eleanor Bagley
Trudy Powers
John Levy
Mary Lou Henry
Siavesh Adibzadeh
Dorothy Berelson
Ann Dunipace
Dorothy Kelly
Marilyn and Richard Kaye
Lyle Cook
curldesclrl-unoc,doc
Page #2
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Marin County
Community Development Agency
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Mark J. Riesenfeld, AICP, Director
ZONING/DE~LO~ME~ .JPl~CATION
TYPE OF APPLICATION:
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COASTAL PERMIT :.GEi':Cf ( ) PRECISE DEVELOPMENT PLAN
DESIGN REVIEW ( ) . REZONING
MINOR DESIGN REVIEW ( ) SECOND UNIT USE PERMIT
DESIGN REVIEW EXEMPTION ( X) SIGN PERMIT/REVIEW.
FLOATING HOME EXCEPTION* ( K) USE PERMIT
GENERAL PLAN/COMMUNITY PLAN AMENDMENT ( ) V ARIANCE*
MASTER PLAN ( ) TIDELANDS PERMIT
*Require. Supple mente' Application/lnformation
( )
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Date Received: d\AIlQ..!s \1\%'
Receipt No: Q<::''10(,:. ,
Received by: Ik.L.
Planner Assigned: ,{~/"
Concurrent Application:
Reviewing Authority:
TO BE COMPLETED BY PLANNING DEPARTMENT STAFF:
FEES:
Permit:
Permit:
Cat. Exempt:
Initial Study:
Other:
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Hearing: (I> Non-Hearing: ( )
Assessor's Parcel No,
Total: ~ IO,\7l~-
(Make checks payable 10: Marin County Planlling Department)
DIZ "J(P- 51/ sfZ CJ(p- S/~
Application No.(s): U P 'Hr 5/3
TO BE COMPLETED BY APPLICANT: (Please type or print
I. Assessor's Parcel No(s): 05? - 051- 19
2. Projt>CtAddress: ~50 7i8U~()N 8LVD.
UNION OIL CO. 9P C4LIFoJeNI4
3, Property Owner: .-lDll. u}J.o~
4. Owner's Address: f. 0, Box 2537/0
5. Applicant: .,.. LE, </0 'SS'c(:
M-rn '. Uc:?<2.. 6ful\'11l1
6, Applicant's Address: 11!J7 Ii Me OdWELL
7, All correspondence will be sent to the applicant.
Name SH4t<ON OoUljUiS . (JNO('Al.
Zoning: BPC -CF
Citv/Zlp: 7i 8 tJRo IV 941(20
Ph~ne: (5/0) Z77-Z.4-89 'D't(}4:'iO!J..s
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City/Zip: S4NT4 ANA,C1 92'799-537(0
/mllF'hone: (7~ 7 ~ 5 ~ / ~ ~ ()
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ELY!), City/Zip: f'l?rAl.tJl1.4 94'154 '
Please indicate any others to receive correspondence.
Address: 555 ANTON (JLYO" CoJ7f'1 mtrA
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8. Description of Application: (specifically describe what you wish to accomplish)
OE/'o10L/7'/oH OP €XI;'T'It1C4 lIu70 502i//('~ 8U/l.OINfO (ONST/?UCrIOlo/ 0': NeW
CASH/EiZ- //71sTrooD /rl,4f2, ANO Gl~Wl1rti. R~R. €Xrr-r. c4,c.joPY "10 mArrU
1-11:.<.0 Au ~L.n!lvt;r, THE. FUEL/I.Hi of'C1?A.rloH.' tJPEN 2.4 HouRS, nil:: Fooo I1AR:r WIT~
BeD< ~ W,IJE "3AL/;,S .' oP~ ~ a.M 7<J I {p/1l1 P-'/IL Y. 7Ht: c,,~R W.4sr1 : OPel 7 tUtA. TO
m. 0. It '
3501 Civic Center D~ve, #308, San Rafael, CA 94903-41r;7 - Telephone 14151499-6269 - Fax 14151499-7880
TO BE COMPLETED BY APPLICANT: (continued)
9. State of California Hazardous Waste and Substances Sites List (C.G,C, ~ 65962.5)
Pursuant to California Government Code Section 65962,5(e), hefore a local agency accepts as complete an
application for any development project, the applicant shall consult the latest State of California Hazardous
Waste and Substances Sites List on file with the Planning Department and suhmit a signed statement indicating
whether the project is located on a site which is included on the List.
Statement: I have consulted the latest State of California Hazardous Waste and Substances List on file with the
Planning Department, and I have determined that the project sitt@/ is not (circle one) included on the List.
Date of List consulted: ,JULY 19 'i'2-
Source of the listing: CIJI..Ir. HAZIIROcos WflSTE
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(To be completed only if the site is included on the List)
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Signature of Prope'tty Owner(s)
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(}iature of Applic
I hereby authorize employees of the County of Marin to enter upon the subject property, as necessary to inspect the
premises and process this application.
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Signature of Property Owner
I herehy authorize the Planning Department to reproduce plans and exhibits as necessary for the processing of this
application, Multiple signatures are required when plans are prepared by multiple professionals.
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Signature of Property Owner ~
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The property involving this permit request may be sllbj t to deed r~strictions called Covenants, Conditions and
RestFictions (CC&Rs) which may restrict the property's use and development. These deed restrictions are private
agre~ments and are NOT enforced by the County of Marin, Consequently, development standards specified in such
deed restrictions are NOT considered by the County when granting permits.
You are advised to determine if the property is subject to deed restrictions and if so, contact the appropriate
homeowners association and adjacent neighbors about your project prior to proceeding with construction. Following
this procedure will minimize the potential for disagreement among neighbors and possible litigation.
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Signature of propeJ?' Owner ~
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Page # 2 or2
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JOHN W. JOHNSON
Architect
Co-President
BRlAN F. ZTTA
Arcltitect
Co-President
JOH:'Ii B. HICKS
Architect
Vice President
CECIL R. SPE....CER
Architect
Vice PrC1idC1l1
JAMFS H. RAY
Civil Enaineer
BRUCEJ.G~
Architect
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HOWARD G. KIMURA
Auociate
CHRIS LAWTON
Associale
JAMES E. PRESTEN
Associate
GARY M. SEMLlNG
Architect
Auociale
BLYTHE R. WILSON
Arcltitect
Associate
AN ESOP COMPANY
ROBERT H. LEE & ASSOCIATES, INC.
ARCHITECTURE PLANNING ENVIRONMENTAL SERVICES
1137 NORTH McDoWEU BLVD., PETALUMA, CA 94954-1110 MAILING ADDRESS: P.O. Box 750908 PETAlUMA, CA 94975
PHONE 707.765-1660 FAX 707-765-9908 VOICE MAIL 707.765.2344
" .
DESIGN INTENT STATEMENT
USE PERMIT AND DESIGN REVIEW APPLICATION
R~~~n~ ~~D
EXISTING UNOCAL SERVICE STATION #4886
250 TlBURON BLVD.
TIBURON, MARIN COUNTY, CA
Jl/J 1 0 1~'i6
TO'.'/^! OF T'SURON
PLA;,NIt\:G & BUiLDING DEPT.
The present facility opened in January, 1994 and consists of a fueling canopy with ten self-
serve dispensers. The existing service station building lube bays were recently converted to
storage only and the office remodeled to a cashier station, resulting in a completely self-serve
fuel dispensing facility.
The proposed project will replace the existing canopy with a new one of the same size. The
single product dispensers will be replaced by multi-product fuel dispensers in four islands,
resulting in eight fueling positions. This new equipment dispenses fuel faster, is quieter, and
contains modern credit card reader technology. Each fueling position contains three fuel
grade choices. Although the existing underground fuel tanks remain, the rest of the fuel
delivery system will be upgraded with current leak monitoring and containment systems.
The entire site, except for the existing underground storage tanks, will be reconstructed. The
yard will be new asphaltic concrete paving, with concrete paving at the dispensers and fuel
tank area. For landscaping, all existing planters will be restored and new planters created,
New air/water station and vacuum islands will be the "quiet" models, less noise than
standard equipment. The total proposed signage is within the limits of the Marin County
Code.
The car washing system is superior to hand washing a vehicle ~.t home because all of the
water is recycled on-site and the cleaning compounds are all biodegradable. No wash or rinse
water is drained into the street or storm system. Any water not recycled is piped directly to
the sanitary sewer. All water is captured within the interior drainage trough and piped
through a oil separator and then clarified through the underground reclaim tank system. The
clarified water is reused in the wash/rinse process,
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Fuel sales are, and will continue to be, the primary function of the facility. Most of the food
marl customers are fuel customers who park at the dispensers while completing their
transaction inside. Most of the car wash customers are fuel customers who take advantage of
the high speed wash to obtain a good quality and fast wash immediately after the fuel
purchase, An extremely small percentage of customers are "mart-only" or "car wash-only"
customers.
F:\wP\1681i.3Q\DESIGN .STM
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SCOTTSDALE, AZ
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MARlETT A, GA
SACRAMENTO, CA
BELlEVUE, W A
LA HABRA, CA
ANDREW E. ALLEN
ATTORNEY AT LAW
P.O. Box 761
BELVEDERE. CALIFORNIA 94920
(41 !5) 435-,243Sl
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May 12, 1989
Mr, James Derryberry
PO, Box 329
Bodega, California 94922
Re Gift of 1470 Vistazo West
Dear Mr. Derryberry:
I would like to thank you for deciding to give a
glft of land to the Belvedere/Tiburon Landmarks Society,
I have retained an MAl appraiser Victor Banks to appraise
trle property, He has had much experience in the T iburon
area and was impressed with the lot when I showed it to
him today,
I have enclosed herewith two deeds from you (and
your wife?) to the Landmarks Soci ety, I did not know
If you prefered a quit claim deed or not. The Landmarks
Society understands that your gift is based on the
following conditions:
1. The the gift is made without warranty or guarantees as to
the state of title or of the physical condition of the property;
2. The Belvedere Tiburon Landmards Soci ety is a
tax-exempt organization with 501(c)(3) status;
3. That you have imposed a condition in the grant that the
property be retai ned for open space;
4. That, if for any reason in the future the Lanamarks wishes
to develop or sell this property, it must obtain YO'jr consent;
5, That the Landmarks will obtain and pay for an MAl apprasial
of the property, The Landmarks cannot guarantee what that
apprasial evaluation might be,
5/12/89 pg, 2
If these conditions.are correct and you have no other
questlOns or comments, you you please sign and have notai-Ized
you and your wife's signature on one of the enclosed deeds, !
hope that you can attend to this matter quickly as the development
plans on the adjacent parcel is proceeding rapidly. I have
included a return envelope for your convience, Thank you again,
Sincerely yours,
Andrew A I I en
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JAMES W, DERRYBERRY and NANCY HILL DERRYBERRY ("DERRYBERRYS")
and the BEL VEDER- TffiURON LANDMARKS SOCIETY ("LANDMARKS") agree as
follows:
(
(
AGREEMENTTOREMOVECONDnITON
lbat Derryberrys transferred certain property in Tiburon commonly known as AP
number 058-223-11 to Landmarks.
That said transfer was subject to the condition imposed by Derryherrys that the
property was to remain as open space unless Landmarks obtained the consent of
Derryberrys to develop or seU the property,
That said property is subject to an easement for the benefit of the adjacent owner
of the "Jays Property".
That Derryberrys will execute a Quit Claim Deed which removes said condition
and hereby consent to the sale, development or other transfer of the property. This
consent is given upon the following terms:
1. Derryherrys will not be called upon to provide any .up front" cash in order to
effect a sale.
2. Landmarks may, but is not required to, seD its fee title to the property. Any sale
sha11 be at a price and on terms as Landmarks deems reasonable and consistent with its
purpose and are agreeable to Derryberrys, However, it is recognized that an all cash sale
is to be preferred,
3. The net proceeds of any sale will be divided one-half to Landmarks and one-half
to Derryberrys. "Net proceeds" means the sale price minus any direct costs of sale such as
transfer fees, permit fees, commissions, soils reports, compensation to the owners of or
lien holders of rights to easements on the property. Such direct costs are to be paid or
reimbursed from the sale proceeds, and the remainder--the "net proceeds"--will be divided
50-50 between Landmarks and Derryberrys.
No party has given legal or tax advice to the other party nor has made any representations
Of guarantees as to the value or suitability of the subject property for sale or development.
Executed this_day of
. 1995 by:
DERRYBERRYS:
LANDMARKS:
The Belvedere- Tiburon Landmarks Society
By:
~'~~"ftt
anc( . Derryberry (