HomeMy WebLinkAboutTC Agd Pkt 2000-07-19
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
CLOSED SESSION:
INTERVIEWS:
JULY 19, 2000
7:30 P.M.
At Close of Meeting
6:45 P.M.
PLEASE NOTE: In order to give aU interested persons an opportunity to be heard, and to ensure the presentation of all
points of view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5)
Speak Directly into Microphone.
A. INTERVIEWS - (pLANNING COMMISSION VACANCY)
. Richard Collins, 660 Tiburon Boulevard - 6:45 p.m.
. Wilma Marks, 747 Tiburon Boulevard - 6:55 p.m.
. Paul Tandler, 40 Red Hill Circle - 7:00 p.m.
. Wayne Snow, 100 Jefferson Drive - 7:10 p.m.
. Mike Figour, 2131 Vistazo East - 7:20 p.m.
B. ROLL CALL
C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
D. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters 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. Matters requiring action will be
referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a
future meeting agenda
E. COUNCIL. COMMISSION & COMMITTEE REPORTS
F. CONSENT CALENDAR
The purpose of the Consent Calendar is to group ~ems together which generally do not require
discussion and which will probably be approved by one motion unless separate action is required on
a particular ~em. Any member of the Town Council, Town Staff, or the Public may request removal of
an item for discussion. (J
1) MAIN STREET ASSESSMENT DISTRICT & SuPJ-EMENTAL WORK-
Acceptance ofImprovements - (Resolution) J\
2) 20 TANFIELD DRIVE - Denial of Sports Court Lighting, Fencing and proposed
Property Line Fence - (Ron & Grace Elijah, Applicants/Appellants) - (Resolution)
3) AMICUS BRIEF REQUEST - Fair Housing Foundation of Long Beach v. City of
Lakewood - Ninth Circuit Court of Appeals Case No. 00-55060 - (Approve)
4) MARIN COUNTY OFFICE OF EMERGENCY SERVICES - Renewal of three-year
Contract (MOD) for Disaster Preparedness services to Town of Tiburon - (Authorize
Execution by Town Manager)
DATE OF MEETING:
Julv 19. 2000
No. 9.2000
DATE POSTED:
Julv 14. 2000
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 LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Diane Ellison v. Town ofTiburon-
Marin County Superior Court Case No. CV 992861
07/07/2000 16:15 4154352438
TOWN OF TIBURON
PAGE 02
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TOWN OFTIBURON
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150$ TtaoaON BOULEVARD ~ TIBURON . CAUPOJt.NIA 94910 . ("Ij:) 0435.7JTJ
FAX (4U) 43'.2..31
COMMISSION. BOARD & COMMITTEE
APP~TION
1be Town eoa.n coasiden appointments to its various Town commissions,
boards aad C8mwi~ tbrouPoat the year due to term expirations and unforeseen
vacanda.1n its effort to broaden partidpation by local residents in Tiburon's local
goveramental process and activities, the Council needs to know your interest in
servu.c die Town III MIlle capadty.
Please Indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
retunriDg It to Town Hall. Copies will be forwarded to the Town Council and
infontal appHCUltlCo1uldl interviews are scheduled periodically during the year.
Yov IppliQ1iou will also l'f'1IIain on file at Town Hall for a period of one (1) year.
Tltanlt you for your WfUiftpess to serve the Tiburon community.
&;1
Robert L. Kleinert
Town Manager
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . * * * * . . * * * . . . . . . . .
IMIclIlIt v.... A-<.) *,lIIleral ia N......ricaI Onler
(!Q. BnIc die Gnueat lllteral)
-X-PLANNING PARKS & OPEN SPACE
DESIGN REVIEW RECREA nON
HERITAGE Ie ARTS DISASTER PREPAREDNESS
BUDGET Ie FINANCE LIBRARY
RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVIT ALIZA TION TASK FORCE
1
Richard B. Collins
660 Tiburon Boulevard
Tiburon, California 94920
Telephone 4157895205; Fax 4157895206
RECEIVED
JUL 1 0 2000
TOWN MANAGERS OFFICE
TOWN OF TIQURON
July 10, 2000
Robert L. Kleinert
Town Manager
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
Re: Application for vacancy on Planning Commission
Dear Mr. Kleinert:
Enclosed with this letter is my application for appointment to the Planning
Commission of the Town of Tiburon. Unfortunately, I was unable to submit
this application at an earlier time because I only learned of the vacancy a
week or so ago, and I was not able to respond until now. If the position has not
yet been filled, I ask that the City Council consider the enclosed application.
Thank you for your consideration in this matter.
RICHARD B. COLLINS
REASONS FOR SELECTING THE PlANNING COMMISSION AS AN AREA OF INTEREST:
My interest in serving on the Town of Tiburon's Planning Commission arises from my high
regard for this community and from my special interest and experience in real estate.
My wife Patricia and I moved here 3-1/2 years ago from the Palos Verdes peninsula in
southern California where we had lived for almost 40 years. We had always had a very
special feeling about the Town of Tiburon. We have been pleased to have found that the
quality of life here and character of this community have far in away exceeded our
expectations.
In short, we now live here, we enjoy a wonderful life style here, we enjoy the beauty of our
surroundings, we are the beneficiaries of the work that others have done to have made the
Town of Tiburon what it is today. I would therefore like to make a contribution to this
community to the extent that I can.
I am also no longer actively engaged in my profession, and I am able to devote time to
serving this community by endeavoring to contribute to its general welfare.
My interest in serving on the Planning Commission is also related to my specific interest and
involvement in the real estate industry. I have been an attorney for the past 37 years,
specializing in commercial real estate development and other real estate matters for the last
32 years. I have also owned and/or developed residential, commercial and office properties
during that time.
APPLICABLE QUALIFICATIONS AND EXPERIENCE:
I have been a real estate attorney for the past 32 years. Attached is my resume which
outlines my activities and engagement in the real estate industry.
I have been, and continue to be, an owner, developer, redeveloper and manager of
commercial, office and residential properties. Please see my resume for an outline of these
activities and interests.
In my capacity as an attorney, applicant and homeowner's association president, I have also
had the opportunity to appear on many occasions before Planning Commissions, City
Councils and other governmental agencies in various cities and counties in California.
I have served as President of the Lunada Point Homeowner's Association.
I served for 10 years as the attorney for the Redondo Beach Redevelopment Agency.
07/07/2000 15:15
4154352438
TOWN OF TIBURON
PAGE 03
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PROPERTY OWNERS' ASSOC. (lr~plk:a"le) #/4
TIBURONRESIDENT: (Y.....) :3 1'2- DATE SUBMITIED: 7//0/.2.000
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RECEIVED
JUl-+ 0 2000
TOWN MANAGERS OFFICE
N..I~ OFTlBURGN
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ToWII Hall Use -------------_________,______
_ Date A,pUcadon ~ed:
_ AppeiDted to:
Interview Date:
(Commission, Board or Committee)
(Date)
_ Dati! Term Expires:
Leneth of Tenn:
jm 12195
2
DEVELOPER
Richard B. Collins is a licensed attorney in the State of California, and has, in
addition to his professional activities as an attorney at law, as a developer and
owner of real estate properties since 1979, and has owned, operated, developed
and redeveloped the following properties:
1. Acquired, developed, renovated, owned, operated and managed,
from time to time, twenty-eight (28) real estate properties, consisting of five
(5) mobile home parks (Glendale, AZ, Sacramento, CA,Arroyo Grande, CA, Vista,
CA, San Marcos, CA); six (6) office buildings (Lakewood, CA, Oakland, CA,
Mountain View, CA and Fremont, CA): one (1) restaurant (Fremont, CA); one (1)
office-industrial building (Newport Beach, CA); two (2) commercial buildings
(Laguna Beach, CA); nine (9) shopping center (Casa Grande, AZ, Rialto, CA,
Upland, CA, Milpitas, CA, Red\\UOd City, CA, Mountain View, CA, Fremont, CA and
Hayward, CA): one (1) apartment complex [40 units] (Monterey, CA); and three
(3) triplex buildings (San Francisco, CA).
2. Developed, constructed and renovated over 270,000 square feet of
retail shopping center space and over 150,000 square feet of office building
space.
SAN FRANCISCO BAY AREA
PROJECTS
Mr. Collins, together with his partner in C & C Equities, have developed the
following malor properties in the San Francisco Bay Area.
1. OLIVER CORNERS SHOPPING CENTER. A 77,000 square foot
shopping center located in Hayward, California. The center will be anchored
by a 51,000 square foot Save Maxx grocery store which is presently under
construction. The tenants in this center include Old Stone Bank, Taco Bell, 7-11
and the United States Post Office. The center includes a Chevron Service
Station and a McDonalds restaurant, which are owned by others. This center is
presently being renovated, and is owned, leased and managed by C & C Equities.
This shopping center was acquired in 1989. This shopping center is presently
owned and operated by C & C Equities. This center was sold in August 1998.
2. FREMONT HOME FURNISHING CENTER. A 115,000 square foot
shopping center located in Fremont, California. This property is anchored by
a 60,000 square foot Levitz Furniture Store. C & C Equities expanded this
property by adding 55,000 square feet of retail stores in three (3) separate
buildings. The other tenants in this center include Ortho Mattress, Krause's
Sofa Factory, Western Appliance, other retail furniture uses and a restaurant.
This center is owned, leased and managed by C & C Equities. This center was
acquired in 1986 and was sold in 1997.
3. BLOSSOM V ALLEY SHOPPING CENTER. A 92,000 square. foot
shopping center located in Mountain View, California. C & C Equities
completely renovated this thirty five (35) year old shopping center and added
16,000 square feet of retail/office in two (2) new buildings to the existing
76,000 square feet of stores. The Shopping Center is anchored by a 27,000
Safeway Store, the United States Post Office, Great Western Bank and Wells
f PM.F \
RICHARD B. COLLINS
ATTORNEY
Richard B. Collins is an attorney who has specialized in the field of real
property law, with emphasis upon the the acquisition, financing,
development, leasing and operation of commercial properties, including
regional, community, neighborhood and strip shopping centers, commercial
buildings, office buildings and industrial properties.
Mr. Collins has, over the past thirty five (35) years, negotiated and worked
with owners, managers, developers, equity participants, lenders, major
tenants, national tenants, state and national financial institutions, state
governments, counties, cities and law firms across the United States.
Mr. Collins was formerly a senior partner in the law firm of Collins, Gleason
and Kinney, a law firm which, for over twenty (20) years, was engaged in the
specialized practice of shopping center and other commercial real estate law
development on a nationwide scale. Mr. Collins' representation included such
clients as Ernest W. Hahn, Inc., a major nationwide publicly held shopping
center developer, which Me. Collins served as counsel to the Board of Directors
and handled real estate matters for the company; The Macerich Company, a
nationwide publicly held shopping owner, developer and manager; and The
City of Redondo Beach 'Redevelopment Authority. The law firm's
representation also incuded Homart Development Company; The MacDonald
Group; Pacific Mutual Life Insurance Company; Lincoln Property Company
and other nationally known developers and institutions.
Mr. Collins experience includes having served as attorney for the Redondo
Beach Redevelopment Agency for nine (9) years, which included providing
legal services for the acquisition, development, financing and sale of a fifty-
five (55) acre downtown redevelopment project on which Lincoln Property
Company was the major developer. The project included a public parking
structure, commercial and other properties and over four hundred (400)
condominium and apartment units. The project was fmanced in part through
public bond financing.
The real estate transactions in which Mr. Collins has participated include the
acquisition of real estate properties aggregating over $500,000,000 in equity
and loan contributions, gross sale proceeds of in excess of $1,000,000,000, and
real estate financing transactions of in excess of $1,000,000,000.
A native of Santa Barbara, California, Mr. Collins attended San Fernando Valley
State College, earned his law degree from Loyola Law School in 1962, and was
admitted to the California Bar in 1963. Mr. Collins is a former President of the
South Bay Bar Association, was a member of Phi Delta Phi Law Fraternity, is a
member of the Los Angeles County Bar Association, the American Bar
Association, the California State Bar Association, and served as a member of the
Advisory Board of Northrop Institute of Technology Law School. Mr. Collins
has also served as a panelist at the International Conference of Shopping
Centers Law Conference and on other legal education panels involving real
estate matters.
f PAr.F l
Fargo Bank. This center is owned, leased and managed by C & C Equities. This
shopping center was acquired in 1988, and was sold in 1996.
4. MILPIT AS CENTER. A 118,000 square foot Home Depot center
located in Milpitas, California. C & C acquired this site and sold a portion of the
land to Home Depot. C & C developed two (2) retail shops buildings aggregating
18,000 square feet. This project was developed and leased in 1988-1989 and has
been sold.
S. CIVIC CENTER PLAZA. A 77,000 square foot office building complex
and an 11,000 square foot El Torito restaurant located in Fremont, California.
The development and construction of this project consisted of a three (3) story
So,ooo square foot office building together with two (2) single story office
buildings aggregating 17,000 square feet. The land for this project was
acquired in 1980, the project was developed during 1981-1984 and was sold in
1985.
(PAnF l
TOWN OF TIBURON
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1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435-7373
FAX (415) 435.2438
COMMISSION, BOARD & COMMI'ITEE
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its efforl to broad;;u partkipatiGl1 :'y ~oca! residc::ts in Tiburl}D.'s loca!
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(s) or Interest in Numerical Order
(#1 Being the Greatest Interest)
/ PLANNING 3 PARKS & OPEN SPACE
b DESIGN REVIEW 5 RECREATION
4 HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE "'2--- LmRARY
T BICYCLEIPEDESTRlAN ADVISORY COMMITTEE
1
RECEIVED
JUl - 5 2000
Wilma Marks
747 Tlburon Blvd.
Home - 435-3618 Work 389-5023 Fax 435-0932
Tiburon Resident - 25 years Date Submitted .July 3, 2000
TOWN MANAGERS OFFICE
TOWN QF TlliURQN
I wish to be on the planning committee because I have a
profound interest In the future of my community. I hope that my
children and grandchildren, who also live In Tlburon, will have
the chance to enjoy the beauty and serene life that I have had
these past years.
One of my greatest pleasures Is walking the hills and stairs of
Belvedere Island and seeing the gardens and lovely old homes
that make this area so special.
I believe I am qualified to be on the planning commission
because of my appreciation and love of gardens and gardening.
My husband and I have a business In Mill Valley and are therefore
very active In the community. I have been a teacher In the past
and care about children.
TOWN OF TIBURON
<L ~\ I'
RECEIVED
1505 TIBURO~ BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435.7373
JU~"2 (~'2ttdd438
TOWN MANAGERS OFFICE
. TOWN OF TIBURON
COMMISSION. BOARD & COMMITTEE
APPLICA TION
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. in its effort to broaden participation by local residents in Tiburon's local
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
whichwouId be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
~A
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(s) of Interest in Numerical Order
(#1 Being the Greatest Interest)
( '~ANNING PARKS & OPEN SPACE
y =ZP~SIGN REVIEW RECREA nON
HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & }INANCE LIBRARY
3 /RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVIT ALIZA nON TASK FORCE
1
NAME: / p,. r-J 1:1 L c--7L
MAILING ADDRESS: '-10 fZG-->:, I-J.,........ CilZ_CVC
TELEPHONE: Home: 'f3r-,,,,"J Work: Fax No.
PROPERTY OWNERS' ASSOC. (If applicable) h () ""7~ (l. a !: r ~ A 7 '/"; ~ v 'l..-o-'
TIBURON RESIDENT: (Yea...) C, DATE SUBMITTED: (,/~/ov
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_ Date Application Received:
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Interview Date:
7-1'7-00
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date Term Expires:
Length of Term:
jm 12/95
2
Wayne Snow
100 Jefferson Drive
Tiburon. CA, 94920
REce'VED
JUN 2 8 2000
TOWN MANAGERS OFFICE
TOWN OF TIBURON
Town ofTiburon
Attn: Mr. Tom Gram, Mayor and Council Members
1505 Tiburon Blvd.
Tiburon, CA, 94920
June 28, 2000
Re: Planning Commission Vacancy
Dear Mr. Tom Gram, Mayor and Council Members:
After much consideration, I am writing to ask that I be considered for the appointment to the Planning
Commission. I have had the privilege and experience of serving the Town of Tiburon as follows:
- Park and Open Space Commission
- Design Review Board
08/91 to 02/97
02197 to present
If I am appointed to the Planning Commission, I think I should remain on the Design Review Board until
July 21ft as a Design Review Board Member will be on vacation until the end of July. Thank you for your
consideration.
zy,
~~
CL '.
R~CEIVED
JUN 2 6 2000
COl\'IMISSION. BOARD & COMMITTEE
TOWN MANAGERS OFFICf
TeWN 8FTlil~~qti
1505 TIBURON BOULEVARD. TlBURON . CALIFORNIA 94920 . (415) 435-7373
FAX (415) 435-2438 F
TOWN OF TlBURON
APPLICATION
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by 10e2! r~irle!!ts in Tiburon's !oc~I
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town HaD. Copies will be forwarded to the Town Council and
informal applicantlCouncil interviews are scheduled periodically during the year.
Your application will also remain on file at Town HaD for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
$j
Robert L. Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Indicate Your Area(.) of Interest in Numerical Order
(Ill Being the Greate.t Intere.t)
X PLANNING PARKS & OPEN SPACE
X. DESIGN REVIEW RECREA nON
HERITAGE & ARTS DISASTER PREPAREDNESS
BUDGET & FINANCE LIBRARY
RECYCLING & WASTE MANAGEMENT
DOWNTOWN REVIT ALIZA nON TASK FORCE
1
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NAME: M I Co H AE. L \? FIG 0 u 1Z
MAILING ADDRESS: "Z.\"?r V/~-rA-L-a EA.S-r ..lRON 1:\4-42.0
TELEPHONE: Home:4:.S-1 J ~4 Work: ""17- 11001::> Fax o. (,,9~ - 1/ c.. 0
PROPERTY OWNERS' ASSOC. (IfappUcable) L Yf='"c:"~r"~ C oVG - 6L'D TO 'H' l-J
TmURON RESIDENT: (Years) '2.--; DATE SUBMITTED: (.p \ '2.'2. ~ a
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---------- Town Hall Use ---------------------------
_ Date Application Received: t - J..~ - ero
Interview Date:
:;,'-/9~4)
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date Term Expires:
Length of Term:
jm 12/95
2
J--:;eI1..-;0. I
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
ACCEPTING IMPROVEMENTS
FOR THE
MAIN STREET ASSESSMENT DISTRICT
& SUPPLEMENTAL WORK
Whereas, Irving Schwartz, Engineer of Record for the Main Street
Assessment District, and Engineer for the Town of Tiburon, has stated that as of
June 8, 2000, the work was satisfactorily completed in accordance with the contract
specifications awarded on December 15, 1999 to Maggiora & Ghilotti, Inc.,
NOW, THEREFORE BE IT RESOLVED, that the Tiburon Town Council
hereby accepts the improvements, which are more fully described in the
aforementioned contract, located within the Town ofTiburon.
PASSED AND ADOPTED at a regular meeting ofthe Town Council of the
Town of Tiburon on July 19, 2000, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
TOM GRAM, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI,
TOWN CLERK
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
r2
To: TOWN COUNCIL
From: EM! THERIAULT, ASSOCIATE PLANNER
Subject: FILE #700021: APPEAL OF A DESIGN REVIEW BOARD DECISION TO DENY
A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION
20 T ANFIELD ROAD; Grace and Ron Elijah, owners; Assessor's Parcel No. 039-
081-19
Date: July 13, 2000
BACKGROUND:
On June 21, 2000 the Town Council reviewed an appeal of a Design Review Board decision to
deny a site plan and architectural review application requesting legalization of as-built lighting and
fencing associated with a sports courts and for new property line fencing at 20 Tanfield Road
The Council held a public hearing on the item, reviewed the Staff Report and discussed the
Design Review Board recommendation for denial of the application. The Council determined that
fencing and lighting for the sports court and the property line fencing would not be appropriate
according to requirements of the Zoning Ordinance.
RECOMMENDATION:
Staff recommends that the Town Council review and adopt the attached resolution.
EXHmITS
A Resolution to deny as-built lighting and fencing associated with a sports court and
proposed property line fencing at 20 Tanfield Road
TIBURON TOWN COUNCIL
STAFF REPORT
July 19, 2000
I
2. The as-built lighting and fencing associated with the sports court creates a
public nuisance due to the difficulty in regulating the hours of use of the
sports court, noise, excess lighting and privacy issues. The requirements
of the zoning ordinance of the Town ofTiburon as more particularly set
forth at 94 02.01 do not allow the granting of the appeal/application for the
reasons that the proposed lighting, sports court fencing and perimeter
fencing are not properly related to the residential use and character of the
neighborhood, and are unsightly and detract from the aesthetic character
of the neighborhood.
3. The Town does not intend to prevent the appellants/applicants from using
the sport court, but the presence of the considerable amount of outdoor
lighting associated with the sports court would exacerbate the potential for
creation, or continuance of, a public nuisance as it would encourage use of
the court in early and late hours of the day.
4. The appellants/applicants have several other sports facilities installed on
the subject property, including a second, portable basketball standard in
the driveway and would not be denied a reasonable use of their property if
the lighting and fencing associated without the sports court were denied.
5. The proposed property line fencing, regardless of possible modifications
to the design, would not be appropriately related to the rural character of
the neighborhood. The perimeter fencing would visually impair the open
areas in the neighborhood which currently create a park-like setting. In
addition, existing mature vegetation would be damaged in the construction
process for the proposed fencing. Zoning Ordinance section 4.02.01
requires that Design Review of an application" shall be directed to prevent
developments which detract from the aesthetic character of the
neighborhood. . . and would cause the unnecessary destruction of mature
trees and/or mature shrubbery.") and section 4.02.07(b) which requires
that Design Review consider "the location of proposed improvements on
the site in relation to the location of improvements on adjoining sites, with
particular attention to be paid to view considerations, privacy. .. or other
constraints on development imposed by particular site conditions."
6. The proposed lighting has the potential for invading the privacy of other
properties, or producing glare or light pollution, in violation of Tiburon
Zoning Code 94.02.07(h).
7. The perimeter fencing is not required for safety nor is it necessary for
landscape protection or privacy. The subject property already has
substantial fencing to protect existing landscaping and to provide both
privacy and safety. Installation of two layers of fencing for the purpose of
safety would create a fortress-like environment in this rural setting. In
addition, no public trails exist in the area. Therefore, access to the private
RESOLUTION NO. 2000-
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DENYING AN APPEAL OF A DESIGN REVIEW BOARD DECISION ON A SITE
PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR AS-BUILT
FENCING AND LIGHTING ASSOCIATED WITH A SPORTS COURT AND FOR
NEW PROPERTY LINE FENCING AT 20 TANFIELD ROAD
ASSESSOR PARCEL NO. 39-081-19
WHEREAS, on April 20, 2000 the Design Review Board of the Town of Tiburon
reviewed the Site Plan and Architectural Review application and voted unanimously to
deny the as-built fencing and lighting associated with a sports court and the proposed
property line fencing and
WHEREAS, on May 4, 2000 the Design Review Board of the Town of Tiburon
adopted Resolution No. 2000-2, which is incorporated herein by reference and attached
hereto as Exhibit "A", which Resolution memorialized the Design Review Board's denial
of April 20, 2000, and
WHEREAS, pursuant to notice as required by law, on June 21. 2000 the Town
Council of the Town ofTiburon held a public hearing to consider an appeal of the
decision filed by the applicants/property owners and
WHEREAS, at said duly noticed public hearing, the Town Council received
public testimony, considered appellants' application. and other documents, including,
without Ii mitation, the appeal, correspondence from counsel for appellants, and materials
prepared by Town Staff; and
WHEREAS, the Town Council of the Town of Tiburon, as more particularly set
forth below, determined that a basketball standard was allowable, but that the fencing and
lighting associated with appellants' proposed sports court, and the proposed property line
fencing would be inconsistent with relevant portions of the zoning ordinance of the Town
ofTiburon; and
WHEREAS, the Town Council voted 4-1 to deny the appeal but to allow the as-
build basketball standard,
THEREFORE BE IT HEREBY RESOLVED AS FOLLOWS.
Section I Findings:
I. The sports court pad does not require design review and the basketball
standard associated with the sports court. which is subject to review, is
approved.
residence would have to cross other private properties or enter from the
entrance of the residence which is already fenced and gated.
Section 2. Denial
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby deny appeal of the Design Review Board decision to deny the
proposed Site Plan and Architectural Review application for the reasons set forth above.
PASSED AND ADOPTD at a regular meeting of the Town Council of the Town
ofTiburon on July -' 2000, by the following vote
AYES:
NOES
TOM GRAM, MAYOR
ATTEST
DIANE L. CRANE-IACOPI, TOWN CLERK
K;' 8810633 \42\reso.doc
I.pM- Ala. 3
By Facsimile to: (714) 446-1448
AUTHORIZATION TO JOIN AMICUS BRIEF
\o)~@~~W~m\
lffi JUL - 3 2000 ~
TOWN ATTORNEY'S OFFICE
TOWN OFTIBURON
Law Office of Richard D. Jones
3777 North Harbor Boulevard
Fullerton, California 92835
Attn: Krista MacNevin Jee
Subject: Fair Housing Foundation of Long Beach v. City of Lakewood; Authorization to Add
City of to Amicus Curiae Brief
Dear Ms. Jee:
Pursuant to the city's policy regarding joinder in friend-of-the-court briefs, you are
authorized to add the city of 's name under my name as
the city's attorney to the friend-of-the-court brief you are preparing in the above-entitled matter.
The city understands that you are preparing this brief on a pro bono basis under the
supervision and guidance ofan attorney from the League of California Cities' Legal Advocacy
Committee. The city further understands there will be no cost to the city associated with joinder
in this brief.
This authorization extends only to adding the city's name to the amicus brief you are
preparing in the above case at this stage of the litigation. You will need to get supplemental
authorization from me to add the city's name to any further briefing efforts. Moreover, under the
council's policy regarding amicus briefs, this authorization must be affIrmatively expressed.
Very truly yours,
[city attorney name]
[State Bar Number]
.:,
;..
California Cities and City Attorneys
June 29, 2000
Page 2
Government Code S 12955.7, violation of civil rights, under 42 V.S.C. S 1983 (free speech). The
District Court ruled that the FHF did not have standing to bring the claims based on the Fair
Housing Act and the Government Code and separately ruled that the FHF's contract was not
protected by its exercise of free speech because it held a policymaking or confidential position
with respect to the City.
The issue upon which the League suggests assistance from amicus curiae is as follows:
Whether the City is obligated to renew the contract of a fair housing services provider when the
provider is engaged in acts that are dishonest and antithetical to its interests (e.g. attempting to
pursue a baseless lawsuit against it and making false accusations of racism).
The League points out that all cities may face the possibility of a strained relationship
with a contract service provider that attempts to claim a vested right to perpetual renewal of a
contract simply by asserting retaliation. An amicus brief from various fair housing providers in
support of the FHF takes the position that such service providers can enforce federal fair housing
laws independent of contracts with cities. The League has taken the position that these service
providers are merely contractors and that cities are free to change providers.
The outcome in this case may be critical to all cities with CDSG funds. I urge you to
obtain your City's approval to allow our office to add your name in support of the amicus brief
we are preparing in this case. This case wiIl preserve cities' authority over their contracts.
Please inform me no later than July 7, 2000, by facsimile of the enclosed consent form whether
your City wiIl agree to be added as a supporter of the brief. If your City requires more time for
formal Council approval of amicus support, please still consider the matter beyond the deadline
and send in the consent form as soon as possible. We will make an attempt to add cities after the
deadline, if possible. .-
Thank you very much for your consideration of this matter.
Very truly yours,
'sta MacNevin Jee
- ...-..:;----,"".
"
"
Law Office of
RICHARD D. JONES
3777 NORTH HARBOR BOULEVARD.' FULLERTON. CALIFORNIA 92835
TELEPHONE (714) 44()..1400. (562) 697-1751 . FAX (714) 446-1448
RICHARD D. JONES
KIMBEll Y HALL BARLOW
HAROlD W. POTl'ER
GREGORY P. PALMER
THOMAS P. DUARTE
TERRY STAMBLER.WOLFE
KRISTA MACNEVlN )EE
HEATHER S. IKER
JAMES A. DEMARAIS
June 29, 2000
California Cities and City Attorneys
Re: Fair Housin!! Foundation of Lon!! Beach v. City of Lake wood
Dear City Attorney:
The purpose of this letter is to request your City's support of the amicus curiae brief being
prepared by our office in the case of Fair Housin!! Foundation of Lon!! Beach v. City of
Lakewood, United States Court of Appeals for the Ninth Circuit, Case No. 00-55060. The
League of California Cities' Legal Advocacy Committee encourages your participation in support
of this brief.
The issues on appeal relate to the Fair Housing Foundation's (FHF) contract with the City
of Lakewood to provide services to meet the City's obligation to affirmatively further fair
housing under its Community Development Block Grant (CDBG) from the U.S. Department of
Housing and Urban Development (HUD). Tenants of an apartment complex within the City filed
a racial discrimination action against the apartment complex owner and FHF held a press
conference for the tenants about their action. The City considered the FHF's comments at that
press conference to imply that the City of Lakewood was a racist community. The tenants later
joined the City as a defendant and the FHF attempted, without success, to join the tenants' suit as
a co-plaintiff, using the same attorney who was representing the tenants. The FHF continued to
aid in the tenants' suite, however, releasing to the tenants information which had previously been
refused to be release by the FHF to the City or HUD because of its "confidential" nature. The
City filed a third party complaint against the FHF, and the FHF counterclaimed against the City
in the tenants' action.
Summary judgment as to the FHF's counterclaims was granted by the District Court and
it is this ruling which the FHF challenges. The FHF's claims against the City were as follows:
retaliation under the Fair Housing Act, 42 U.S.C. ~ 3617, retaliation under California
..'~'."",""~'.-c-:~~
TOWN OF TIBURON
MEMORANDUM
,
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,
.
To:
From:
Subject:
Date:
Robert L. Kleinert, Town Manager
Thomas A. Aiello, Lieutenant
MOD - County of Marin/Office of emergency Services
June 26, 2000
At our last staff meeting you gave me the proposed MOD between the Town of Tiburon and the
County of Marin, Office of Emergency Services for my review. I have looked at the contract and
recommend that we continue our agreement with the County for assistance in the area of emergency
operational preparedness.
If you feel it is necessary Town Attorney John Sharp can review the contact prior to our entering into
the agreement.
After approval, you should sign the contact as Town Manager, with an attest by Town Clerk Diane
Crane- Iacopi.
~JhL Y
TOWN OF TIBURON
MEMORANDUM
,
.
.~/OF TIi:J .~
/~
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/", . ,- _..'
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,
.
To:
From:
Subject:
Date:
Robert 1. Kleinert, Town Manager
Lt. Thomas A. Aiello, Acting Chief of Police
County Contract - Emergency Operations
July 12,2000
SUMMARY
F or the past few years the Town of Tiburon has contracted with the County of Marin, Office of
Emergency Services, to assist us with disaster preparedness. That memorandum of understanding
expired on June 30th, 2000. The amount to renew that contract is approximately $2800.00 per year.
The length of the MOU is three years (FY2000101, FY2001/02, FY2002/03).
BACKGROUND
Disaster preparation within our Town government is vitally important to our community. Our ability
to function during, and immediately after an incident, for an extended period of time, is of great
importance. The County of Marin offers, at a minimal cost, assistance in this area. The County of
Marin, Office of Emergency Services, provides the training necessary to be compliant with both
State and Federal disaster preparedness requirements.
Some of the areas where the Office of Emergency Services assists us:
Compliance with state mandated Standardized Emergency Management System (SEMS)
guidelines.
Federal Emergency Management Agency (FEMA) reporting guidelines / requirements.
Emergency Operations Center (EOC) - functional position training.
Disaster preparedness - tabletop and functional drills (annually).
Formation of our Disaster Management Operations Plan.
The amount of hours that Hank Waschow, Lt. Ken Froberg and Drew Ryan (all work for the County
of Marin, Office of Emergency Services) have put in for our benefit far out weight the amount of
money that is spent on our contract to retain them.
CONCLUSION
It is my recommendation that we renew our three-year agreement with the County of Marin, Office
of Emergency Services, for their disaster preparedness services.
MEMORANDUM OF UNDERSTANDING
MARIN OPERATIONAL AREA
THIS AGREEMENT, made and entered into this day of , 2000,
by and between the COUNTY OF MARIN, a Political Subdivision of the State of California, acting
by and through its Board of Supervisors, hereinafter referred to as "County" and the Town of
TmURON, a municipal corporation of the State of California, hereinafter referred to as "Town."
WITNESSETH:
WHEREAS, County has adopted the Standardized Emergency Management System pursuant
to the provisions of Division 2, Title 19 of the California Government Code; and
WHEREAS, County has presently existing a well-established Emergency Operations Plan,
and a presently existing, well-established Emergency Organization functioning under the County
Director of Emergency Services pursuant to Section 2.99 of the County Government Code; and
WHEREAS, it would be naturally advantageous to the parties hereto to have the County
Emergency Services Office perform certain functions for the said Town;
NOW, THEREFORE, in consideration of the covenants and agreements herein contained, it
is mutually agreed, in accordance with the terms and provisions of the California Emergency Services
Act (Title 2, Division I, Chapter 7 of the Government Code), as follows:
I. LIAISON
County agrees to appoint a person, at stafflevel, as a liaison person to Town, and Town
agrees to appoint a primary point of contact person to County. The employee(s) who is (are)
assigned to act as liaison to the Town shall not be an employee of the Town. The personnel
management of such employee is the responsibility of the County.
II. SERVICES
County shall cause the County Emergency Program Manager, and other County Officers and
employees subject to his direction and control, to perform, during the term of this Agreement
the following functions for said Town:
A. Emergency Plan - County has provided the format for the Town's Emergency
Operations Plan which includes the requirements of the Standardized Emergency
Management System. County will periodically assist in updating the plan as per State
requirements.
B. Federal and State Program Requirements - County will advise Town in complying
with State and Federal Emergency Management Program requirements.
continued
Marin County Sheriff's Department
Office of Emergency Services
20 N. San Pedro Road #2004 San Rafael, CA 94903
(415) 499-6584 FAX (415) 499-7450
Lt. Ken Froberg, Program Manager
May 31,2000
City Manager
Town of Tiburon
1505 Tiburon Blvd.
Tiburon, CA 94920
RECEIVED
JUN - 7 2000
Dear City Manager,
TOWN MANAGERS OFFICE
TOWN llF TIQ~RQN
Enclosed, please find a continuation of the Marin Operational Area Memorandum of
Understanding for a three-year contract period of July 1, 2000 through June 30,
2003. All MOU contracts are being converted to three-year periods. This MOU
establishes the agreement between your jurisdiction and the County of Marin for
the purpose of providing emergency management services.
We request that this MOU be presented to your Council for approval and returned
to this office as soon as possible. When we receive the signed contract, we will
forward it to the Board of Supervisors for approval. You will then receive a copy of
the fully executed document.
If you have any questions or need additional information, please contact me at
499-6584.
Sincerely,
MOU
MARIN OPERATIONAL AREA
v. TERMS
This Agreement shall commence on July 1,2000 and shall continue for three (3) fiscal years
thereafter. Either party may terminate this Agreement, effective at the end of the County
fiscal year, June 30, 2003, by written notice to do so on or before May 1,2003. If TOWN
terminates this agreement prior to June 30, 2003, said TOWN shall be responsible for their
full share of cost for the remainder of the three (3) years stated in the Agreement.
VI. RATE SCHEDULE
The rate schedule for this agreement is based upon a population percentage rate of the total
population of the incorporated areas of Marin County.
continued
3
MOU
MARIN OPERATIONAL AREA
II. Services
Continued
C. Training - County will provide training to Town staff on subject matter related to
the Emergency Operations Plan, the Incident Command System and the Emergency
Operations Center procedures pursuant to the requirements of the Standardized
Emergency Management System. Town will insure that appropriate staff participates
in the scheduled training sessions.
D. Exercises - County will assist Town with the design and delivery of emergency
management exercises including orientation, tabletop and functional. All exercises
will utilize the Standardized Emergency Management System. Town will ensure that
appropriate staff participates in the scheduled exercises.
ill. INDE~ICATION
A. The TOWN agrees to defend, indemnify, hold harmless and release the COUNTY, its
Board of Supervisors, and the officers, agents, and employees of the COUNTY, from
and against any and all actions, claims, damages, disabilities, or expenses that may be
asserted by any person or entity including the TOWN, arising out of or in connection
with the activities of the TOWN, its Council, the officers, agents, and employees of
the TOWN pursuant to this Agreement whether or not there is concurrent negligence
on the part of the COUNTY but excluding liability due to the sole active negligence
or sole willful misconduct of the COUNTY. This indemnification obligation is not
limited in any way by any limitation on the amount or type of damages or
compensation payable to or for the TOWN or its agents under workers' compensation
acts, disability benefits acts, or other employee benefit acts.
B. The COUNTY agrees to defend, indemnify, hold harmless, and release the TOWN,
its Council, and the officers, agents, and employees of the TOWN, from and against
any and all actions, claims, damages, disabilities, or expenses that may be asserted by
any person or entity including the COUNTY, arising out of or in connection with the
activities of the COUNTY, its Board of Supervisors, the officers, agents, and
employees of the COUNTY pursuant to this Agreement whether or not there is
concurrent negligence on the part of the TOWN but excluding liability due to the sole
active negligence or sole willful misconduct of the TOWN. This indemnification
obligation is not limited in any way by any limitation on the amount or type of
damages or compensation payable to or for the COUNTY or its agents under
workers' compensation acts, disability benefits acts, or other employee benefit acts.
IV. COMPENSATION
Town agrees to pay County a fee of $2,820 annually per the population base rate
schedule in this Agreement for which the term runs for three (3) fiscal years
commencing on July 1,2000 through June 30, 2003.
continued
2
MOU
MARIN OPERATIONAL AREA
IN WITNESS WHEREOF, COUNTY OF MARIN, acting and through its Board of Supervisors,
and the TOWN ofTIBURON, acting by and through its Council, have caused this Agreement to be
executed as of this day of , 2000.
COUNTY OF MARIN, a Political
Subdivision of the State of California,
By
President, Board of Supervisors
TOWN OF TmlJRON, a
Municipal Corporation of the State of California,
By
(Title)
Attest:
By
(Title)
Reviewed as to Substance by Department
I~~. 61U./~
Sheriff, County of Marin '
Reviewed as to form by County Counsel
~~~
County Counsel, County of Marin
4
TIBURON TOWN COUNCIL
STAFF REPORT
JULY 19,2000
TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
ANNUAL SALARY & BENEFIT PROGRAM, FY 2000-01 (Resolution)
ITEM:
!J
MEETING:
TO:
FROM:
SUBJECT:
BACKGROUND:
This item is for adoption of the annual salary & benefit program for all employees of the Town,
including MAPE-represented, Tiburon Police Association-represented, and management and mid-
management staff. The figures reflect negotiated salary and benefit adjustments for represented
employees, and adjustments for non-represented positions. MAPE employees are in the 3rd year
ofa 4 year agreement, and Police employees are in the 3rd year ofa 3 year contract agreement.
RECOMMENDATION:
Adopt draft resolution establishing the annual salary and benefit compensation program for fiscal
year 2000-01.
A TIACHMENTS:
I. Draft Resolution
~
R. Stranzl
1
SCHEDULE A
Draft Fiscal Year 2000/2001
MANAGEMENT EMPLOYEES
POSITION
Town Attorney (75% FIE)
Planning Director
Chief of Police
Superintendent of Public Works
Finance Director
MONTHLY SALARY
$6,320
$6,752
$7,637
$5,853
$5,520
-2-
RESOLULTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TffiURON ADOPTING THE TOWN EMPLOYEES'
ANNUAL SALARY & BENEFIT PROGRAM
FOR FISCAL YEAR 2000/2001
WHEREAS, Section 3.3 of the Tiburon Municipal Code requires that an annual salary
program be adopted each fiscal year,
NOW, THEREFORE, BE IT RESOLVED, that the Town ofTiburon does hereby
approve the annual salary and benefit program for fiscal year 2000/2001, composed of the
schedules attached hereto, as follows:
SCHEDULE A.
SCHEDULE B.
SCHEDULE C.
SCHEDULED.
SCHEDULE E.
Management Employees (Non-Represented)
Mid-Management, Professional & Confidential (Non-Represented)
Non-Management Employees (MAPE-Represented)
Police Employees (TPA-Represented)
Medical & Health Insurance Allowance Program
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on, July 19, 2000 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
TOM GRAM,MAYOR
TOWN OF TffiURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
-1-
SCHEDULE C.
Draft Fiscal Year 2000/200 1
NON-MANAGEMENTEMWLOYEES
(MAPE-REPRESENTED*)
POSITION
MONTHLY SALARY RANGE
Office Assistant II
Planning Secretary
Building Inspector
Building Permits Clerk
Public Works Foreman
Public Works Maintenance Worker II
$2,344 - $2,871
$2,540 - $3,119
$4,146 - $5,040
$2,754 - $3,372
$3,402 - $4,178
$2,821 - $3,464
$2,649 - $3,220
Public Worker Maintenance Worker I
* MAPE-represented employees are in the third year of a four year labor contract,
that includes fiscal years 1999 through 2002.
-4-
-
SCHEDULE B.
Draft Fiscal Year 2000/2001
MID-MANAGEMENT, PROFESSIONAL
& CONFIDENTIAL EMPLOYEES
PosmON
MONTHLY SALARY
Town Clerk
Finance! Administration Assistant
Senior Planner
Associate Planner
Building Official
Police Lieutenant
Police Secretary
Assistant Superintendent of Public Works
$4,300
$4,092
$5,000
$4,043
$5,700
$6,247
$3,566
$4,630
-3-
SCHEDULE E.
Draft Fiscal Year 2000/2001
MEDICAL & HEALTH INSURANCE
ALLOWANCE PROGRAM
SCHEDULE/POSITION
MONTHLY CONTRIBUTION
Schedule A. Management $500
Schedule B. Mid-Management, Professional & Confidential $450
Schedule C. Non-Management Employees (MAPE-Represented) $427
Schedule D. Police Employees (TPA-Represented) $489
Community Service Officers $150
-6-
SCHEDULE D.
Draft Fiscal Year 2000/2001
TIBURON POLICE EMPLOYEES
(TPA-REPRESENTED*)
1. Effective July 1, 2000
POSITION
MONTHLY SALARY RANGE
Police Officer
Police Sergeant
Public Safety Clerk
Community Services Officer (hourly rates)
$3,567 - $4,336
$4,169 - $5,067
$2,389 - $2,904
$12.04 - $14.63
2. Effective January 1, 2001
POSITION
MONTHLY SALARY RANGE
Police Officert
$3,621 - $4,40 I
$4,232 - $5,143
$2,425 - $2,947
$12.22 - $14.85
Police Sergeant
Public Safety Clerk
Community Services Officer (hourly rates)
· TP A-represented employees are in the second year of a three year labor contract,
that includes fiscal years 1999 through 200 1.
-5-
TOWN OF TIBURON
STAFF REpORT
ITEM NO. ~
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN CLERK
APPOINTMENTS TO TOWN BOARDS, COMMISSIONS & COMMITTEES
July 19,2000
BACKGROUND
I. Planning Commission
There has been a vacancy on this commission since Lisa K1airmont's resignation in March
of2000. As of July 19, 2000, the Town Council will have interviewed six (6) applicants, five of
them at this meeting.
11. Heritai;!e & Arts Commission
Council recently appointed a Tiburon resident, Valerie Castellana, to serve on the Heritage
& Arts Commission. Unfortunately, Ms. Castellana had to resign after one month due to ajob
opportunity aboard. The noticing period for the newly-created vacancy will end on July 28, 2000.
The Town has received one application for this position (attached).
RECOMMENDATION
I) That Council consider making an appointment to the Planning Commission at its July
19,2000 regular meeting.
2) That the Council agendize interviews for the Heritage & Arts Commission at its
August 2, 2000 regular meeting and make an appointment immediately thereafter.
D. Crane Iacopi
Town Clerk
EXHIBITS
--Application & Resume of Andrea Morgan
ANDREA MORGAN
2133 Paradise Drive
Tiburon, California 94920
(415) 435-9203 phone (415) 435-2675 fax
CAREER
Cultural Education Collaborative (Charlotte, NC). Writer and Editor (1999-2000)
The Light Factory (or Photographic Arts (Charlotte, NC).Vice President (1997-2000)
Arts & Science Council (Charlotte, NC). Grants Panelist (1997-1998)
Bard College Graduate Center (or Stndies in the Decorative Arts (New Yorlc, NY).
Director of Developmem (1993-1995)
The New-York Historical Society (New Yorlc, NY). Associate Director of Development (1989-1992)
National Foundation (or Jewish Culture (New Yorlc, NY). Grants Panelist (1987-1989)
The Rocke(eller Foundation (New York, NY). Arts and Humanities Program Associate (1985-1989)
The Jewish Museum (New York, NY). Curatorial Assistant (1983-1985)
The Brooklyn Museum o( Art (Brooklyn, NY)
Isabella Stewart Gardner Museum (Boston, MA)
Solomon R. Guggenheim Museum (New York, NY)
Museum Intern (1977-1981)
PUBLICATIONS
Tapestry: Weaving the Ans and Education (Cultural Education Collaborative, Charlotte, 2000)
Author and Editor
.
EDUCATION
National Arts Stabilization Fund. Strategic Management in a Ch:onging Environment (Charlotte, 1999)
Columbia University School o( Journalism (New York, NY) Cultural Affairs Reporting (1985)
New York University Institnte of Fine Arts (New York, NY). MA Art History (1984)
American School ofOassical Studies (Athens, Greece); American Excavations (Samothrace) (1983)
Brandeis University (Waltham, MA) B.A. Art History (1980), Phi Beta Kappa, Magna Cum Laude
Temple University and Tyler School of Art (Rome, Italy) (1979)
Phillips Exeter Academy (Exeter, NH) (1975)
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RECEIVED
JUl 1 1 2000
OFFICE
RON
NAME: Andy-etA MorqlAh..
~ING ADDRESS: ./ ,1/33 fltUtUii~ ])r/ve
TELEPHONE: Home: 1{3,-1Z,03 Work:
PROPERTY OWNERS' ASSOC. (Ifapplicable)
TffiURON RESIDENT: (Years) One DATE SUBMITTED: July ";2000
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7;'/'/..1"''''', UJ 1<1f~o (unH/8/31/'>000)-
Fax No. 'tV," 2 (, "f.'f
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o -fh~ lOw/) . eri e a.~d rlS Gm iSS/on. ,', oals a.re
a/"4IJed IN/I}, the Town's;
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_ Date Application Received:
7-/ /-tJO
Interview Date:
_ Appointed to:
(Commission, Board or Committee)
(Date)
_ Date Term Expires:
Length of Term:
jm 04/00
2
tATE MAIL # :;
..-
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Tel/h'<.
July 17, :ar;oo
36 Southrid~e West
TLQ~rOn, ca. 94520
R~CV::i,\ff.D
J;;,.'. r Ie"
JUL ,9 2000
(41<; i 361-4467
Fax !ot" Et",:, The:r:ia'..:..l~t i>lanning Oept - 4 pages
TOl>'N 01" TIBCiRCN
PLb..NHING, '
10WNe,
CQa:> Em~.~
My h",sba<,d we:-,;; :'0 pa.y for the Pittcepor..[[i p:...nts last week and ",as
tolO;! th..>: ':hey are not cun'''~,;;:y ..vaila.:Ol'" due to recent qu..rantine
:r.gul..t~on9 ca.us;ed by the in!e..tat.ion ot gl.u.s;y-winS"d, 9oarp-
shcote:rs. ':'h; "'-U:5e:r"y' ita.. informed us that. Engl ish La"",,,,l ",ould be
.. ~uita~:e ..u~stit~te. I..m encl~sing letters dated July 10 and
July ~7 from ~h~ n~rge=y whiCh are 8el~-explanaco~y
S1r:oerely,
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Lali~a K. 'Wa~~r~an
co: susan Linco~n, 1: Scuthr~jg. East
.:ront; &: Colleen. Silcox, 14 S01.l.chridge East
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Page 2
variance for excess lot coverage. Please review the Staff Report of June 7, 2000 for additional
information about the history of this application and code enforcement related to as-built work
performed on the subject property.
At the June 7th meeting, the Town Council held a public hearing on the item, reviewed the Staff
Report and heard testimony from the applicants and the public. The Council deliberated the
merits of the additional variance request and the design of the deck while considering issues
related to the applicant's physical handicap and Zoning Code requirements as they apply to
neighbors' view and privacy impacts and the design of the deck with respect to the character of
the neighborhood.
The Council discussed upholding the Design Review Board's decision but voted to continue the
item to July 19, 2000 in order to allow the applicant to submit a revised set of plans for the
purpose of considering a redesign of the deck and to have an accurate depiction of the entire as-
built deck on file with the Town. The Council required the applicant to erect storypoles and
ribbons for the purpose of indicating the deliberated redesign option which would eliminate the
most prominent portion of the deck in lieu of denying the entire area of the deck over three feet
from grade.
The applicant has now submitted the requested information to the Town Council. Staff confirmed
that storypoles and ribbon, representative of the deck removal consideration, in a field
investigation conducted July 11, 2000.
RECOMMENDATION:
Staff is recommending that the Town Council review the revised plans, conduct further discussion
pursuant to the Council's previous deliberations on the item and direct Staff to return with a
Resolution memorializing an action on the appeal.
EXHmITS:
A. Revised Plans submitted July 7, 2000.
Page I
TOWN OF TIBURON
STAFF REpORT
TO:
TOWN COUNCIL
ITEM NO.:
r
FROM:
ASSOCIATE PLANNER THERIAULT
SUBJECT:
APPEAL OF CONDITIONS OF APPROVAL IMPOSED ON
SITE PLAN AND ARCHITECTURAL REVIEW AND
VARIANCE APPLICATION APPROVALS AT
36 SOUTHRIDGE WEST
MEETING DATE:
JULY 19, 2000
APPLICANT/APPELLANT - LALITA WATERMAN
-----------------------------------------------------------------------------------------------------------------.
PROJECT DATA:
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
DA TE COMPLETE:
CEQA EXEMPTION:
DRB ACTION DATE:
APPEAL FILED DATE:
36 SOUTHRIDGE WEST
034-311-11
200008
19,250 SQUARE FEET
RO-2 (RESIDENTIAL OPEN)
M (MEDIUM DENSITY RESIDENTIAL)
C
MARCH 14,2000
APRIL 6, 2000
APRIL 6, 2000
APRIL 17, 2000
BACKGROUND AND TOWN COUNCIL REVIEW
On June 7, 2000, the Tiburon Town Council reviewed an appeal of a condition of approval for a
decision made by the Design Review Board on a Site Plan and Architectural Review application.
The application requested legalization of as-built modifications to previously approved plans and a
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TOWN OF TIBURON
STAFF REpORT
ITEM NO.
y
To:
TOWN COUNCIL
From:
Subject:
EMI THERIAULT, ASSOCIATE PLANNER
NOTICE OF CONTINUANCE
223 DIVISO STREET; FILE #700008;
ASSESSOR'S PARCEL No. 059-131-07
APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY
A SITE PLAN AND ARCHITECTURAL REVIEW FOR
LEGALIZATION OF AS-BUILT FENCING LOCATED
PRIMARILY IN THE TOWN RIGHT-OF-WAY AND IN PART
ON THE SUBJECT PROPERTY
JUNE 19, 2000
Date:
Staff recommends that this item be continued for the following reason(s):
--X..
No story poles have been erected/no certification received
Requested information has not been received
Item not properly advertised
The Town of Tiburon is recommending a continuance to:
AUl!:ust 16. 2000 .
Other: The applicant is requesting a continuance to
allow them more time to obtain a survey of the
as-built fence
--X..
--X..
The application will be continued to the August 16, 2000 Town Council meeting'.
Environmental Status
Designation of a site as a local historical landmark is not a project under CEQA.
RECOMMENDA nON
Following a public hearing, the Town Council should adopt the resolution (Exhibit 2) designating
the Lyford House as a local historical landmark.
EXHmITS
I. Additional materials concerning the history of the site
2. Resolution
\scott\376greenwood tcreport.doc
TIBURON TOWN COUNCiL
STAFF REPORT
711 WlOOO
2
TOWN COUNCIL STAFF REPORT
TO
TOWN COUNCIL
MEETING DATE: 7/19/2000
ITEM NO.: Cj'-A.
FROM
SCOTT ANDERSON, (' ~
PLANNING DIRECTOR~
SUBJECT DESIGNATION OF LYFORD HOUSE AS A LOCAL HISTORICAL
LANDMARK
BACKGROUND
Address: 376 Greenwood Beach Road
AP No. 55-011-34
File No. 376 Greenwood Beach Road
General Plan OS (Open Space)
Zoning: OS (Open Space)
Property Size 9 acres
Subdivision: None
Current Use: Richardson Bay Audubon Center
Owner National Audubon Society
Applicant Town ofTiburon-initiated
Date Complete NA
Permit Streamlining Act Deadline NA
HISTORY
The Audubon Society site is the current location of the Lyford House, a Victorian style structure
built in 1876 by Benjamin Lyford and his wife Hilarita. Please refer to supporting materials
attached as Exhibit 1.
ANALYSIS
The Town ofTiburon Heritage & Arts Commission has recommended that the Lyford House be
designated as a local historical landmark. The Audubon Society is in agreement with this
designation and is simultaneously applying to the State of California for inclusion on the National
Register of Historic Places.
The Lyford House is a perfect candidate for designation as a local historical landmark.
Representatives of the Audubon Society and the Heritage & Arts Commission will be present at
the meeting
TlBURON TOWN COUNCIL
STAFF REPORT
711912.000
1
HPS Form 1o-tlJO.a
(0000)
OMS ~No.102.....oo1'
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
7 1 Lyford mansion, Marin County, California
Section number . Page
NarratIve descnptlon
The Lyford house is a three-story Victorian Gothic home originally built in 1876. It was a
wedding gift to Hilarita Reed, daughter of a Marin pioneer family, when she married
Benjamin Lyford, a Civil War surgeon. It stands on the shore of Richardson Bay, part of
San Francisco Bay, on Bay Audubon Center property. The house is a beautiful example of
the architecture of its period, and displays intricate workmanship, ornamentation, and an
observation tower. Built as the home for Dr. and Mrs. Lyford, it was the centerpiece of
Dr. Lyford's hygienic "Eagle Dairy" on nearby Strawberry Point. In 1957 the house was
preserved at the last minute from demolition, and moved to its site at the new Audubon
Center; it underwent renovation to prevent further weathering and to restore its original
appearance.
After the transplant to Strawberry Point the Lyford house has been an important
educational resource and has been shown to the public by
Audubon docents during the last forty years. It has served as center for many lectures,
meetings, and Victorian costume functions. Regular monthly Board meetings of the Marin
Audubon Society are held there, and public Forums with distinguished speakers are held.
The interior is richly furnished with museum-quality items donated by the community.
The Lyford house is on a 25-foot high bluff at the shore of Richardson Bay, part of San
Francisco Bay, inTiburon, Marin County, California. The central part of the building is a
two-story square, the upper floor of which is sheathed mansard-style with pairs of ornate
dormer windows on three sides. The house and tower are symmetrical, with sloping,
mansard-style shingled roof reminiscent of France and Napoleon m. The lower margins
of the roof has soft sweeping curves.
The dormers have steep, angular gables. The lower story has straight vertical comer
boards, absent on the second story; this, along with the gables, dormers, and double
pitched roof, create a pyramid effect.
The entrance area, centered on the East face of the square main area, is a three-story
observation tower. It had three dormers decorated like the others, and a flagpole at the
top of the tower. A one-story kitchen extension is centered on the West face. A tall brick
chimney is integrated into the north face ofthe building and melds with the curve at the'
bottom of the second story mansard sheath.
The roof structures are dark brown with bands of shingled designs, the siding is yellow-
painted weatherboard , and the roof trim white throughout.
A/~C' ~igh.t dec.;des on SC':oawbe;ry
Potnt. ~he aid Lyford Howe,
:.;"re~?:"..ed '..ulch lemolit:on. wa..s
donc:ed :0 ~:-.t: \-\ar!:-t Conservation
L:~g'~ ')n .:ondit:on :.;"ar it be
moved. T~ l.ouse '..ua..s loaded on a.
ba;;e -:.:nd. on Sec. 4. 1957, :ot'-'ed
free Q:' :-:arbo; T~'gs a. ,~alf mile
aeGSS :r~ ba:! ;0 :ts :le"..l.I ,1.ome i.lt
rtoge;s Sei:C.1. u,'nce it ,W,s oeC1
reswred .:mJ. ope:-ted i.l.S a
Vic:onan ;nu..sCA.m.
~
B~iaml~ .'; T 'ilar:ta L:lford. :it.'ed :n :h..:::r :UlO-
story house }'r~ . aDou' 18,6:0 19C6. To:ite. ~eit
of :he lwu.se :5 :he Jla. sr..:p' 5 -:.:lotn tunIC.1. 9r
L:/fora. ~ed as ..l !aoorawi:' ,:"Oi .1.lS ~cci;ning
e..--::pe;-:mc.:.s.
Sour=e:
pict.c::-'al
Tibu"'-on:
Rail:-8ac
Hi 5-:'0r.j 0-:
~~ Cali::or:l.ia
TSwT_
. .,~_. -.
EXI-IIBIT NO.J.
r
-
... Form 10....
-
ow. ~-.,.....'.
United States Department of the Interior
National part<; Service
National Register of Historic Places
Continuation Sheet
Section number
7
Page
3
Lyford mansion, Marin County, California
Four inch thick concrete walls, later stucco'a, made the t1rst tloor outer waus. f\J'tel ih.:
19'06 earthquake the old concrete, which was not reinforced, was replaced with safer
wood.
Alterations and restorations
Initial painting, weatherproofing, and sundry repairs after the 1957 move were done under
a contract funded by the Marin Conservation League in 1958. In 1959 Florence van
Vechten Dickey, widow of Donald Ryder Dickey - well known ornithologist - donated an
extensive restoration guided by John Lord King, a Belvedere architect. He selected yellow
with white trim for the exterior, in keeping with his knowledge of the Victorian period. A
new one-story wing was added on the West side of the building to provide kitchen and
sleeping facilities for the staff. The shingles on the second story mansard roof were
restored to their original two-tone diamond pattern.
Moving the property
New foundations were laid on property just acquired by National Audubon Society at
Greenwood Beach in Tiburon. On December 4, 1957 the house, which had been raised
from its old foundation on Strawberry Point and moved onto a barge, was floated to the
new site across Richardson Bay and raised up the bluff at Audubon using blocks and
tackle. It was lowered to the new foundation; there was much media coverage.
The new 10catioI.1, like the original one, is the same type of setting with the house very
close to the Bay. (See illustration of "Eagle Dairy" in accompanying photograph file.) The
house was. moved to landgiven by John Paul Reed, descendant of Marin pioneer John .
Reed, to Rose Rodriquez Verrall who was known locally as "the goat lady" in 1919. Mrs.
Verrall agreed to donate her bayside nine-acre property to Audubon if the house could be
placed there.
Reason for the move
Preservation of historic architectural relic. When the local developer was asked whether it
was to be demolished, he said "If you want it, take it. If you don't, down it comes." (See
account in "Richardson Bay JO!.lrnal", enclosed.)
NPS Form to-eoo-.
(8-aI}
OMS AppnweJ No. 10:14..41".
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
Section number
7
Page
2 Lyford mansion, Marin County, California
In 1876 the Lyfords travelled to Philadelphia to the Centennial Exposition. They were
impressed with the architectural desigri from abroad. Beside the house design, they
ordered many parts of the house - Afiican mahogany circular staircase and bannister,
ornate external trim, etc. from the East. The roof ornamentation is truly remarkable. The
mansard component wraps all the way around the second story of the central building,
aand around the third story of the tower wing. The brown shingling is interrupted by a
broad band of diamond shaped shingles in distinctive patterns. The nine dormers, three in
the tower wing and six in the main section, have elaborate white finials at all comers, and
reverse finials project downward inside all gables. All projecting planes associated with
dormers have white brackets beneath. At each comer junction line of the large
second-story roof panels, there are long vertical white clusters of wood-carved fruit. The
lower margins of all mansard panels curl outward gracefully
The interior has been furnished since 1959 by the Marin ConservatiAeague after they
.
carried out the first restoration of the building. There are twelve-foot ceilings and wood
planked floors. The first floor main rooms are parlor, with marble fireplace and rebuilt coal
burning grate, and period furniture, large dining room with tall French doors and
proximate outlook on San Francisco Bay and across to Strawberry Point where the house
originally stood. There is a large foyer including the main staircase. The one-story kitchen
wing was added with exacting attention to matching all exterior features.
From the foyer a solid, compound-curved mahogany staircase with a complex wood
balustrade rises from an eight-foot fluted wooden pillar surmounted by a cut-glass lighted
globe, to the floor above. The staircase is an original part of the house. On the way up it
passes areas of original wainscoting.
The second floor walls slope gently inward, reflecting the mansard geometry. The rooms
are office, two bedrooms, and library with full shelves. All are furnished with period items
donated by the community. The large rolltop desk is a centerpiece in the office.
There is a central hallway with a raised skylight overhead, teak frame from a ship, etched
glass matching the glass in the closet door below. At the Philadelphia exposition, the
Lyfords ordered the finials and fruit clusters, the carved brackets and floral trim, for the
roof and tower, from the catalog of a New England firm. Also the molding that would be
gilded to set off the 12-foot ceilings.
RECORDING REQUESTED,
WHEN RECORDED SEND TO:
TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TIBURON, CA 94920
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
DESIGNATING THE LYFORD HOUSE LOCATED AT 376 GREENWOOD BEACH
ROAD AS A LOCAL HISTORICAL LANDMARK
ASSESSOR PARCEL NO. 55-011-34
WHEREAS, the Town of Tiburon Heritage & Arts Commission has initiated
proceedings to designate buildings and/or property located at 376 Greenwood Beach Road
as an Historical Landmark of the Town; and
WHEREAS, the Tiburon Heritage & Arts Commission has, pursuant to Chapter
13B of the Tibut"on Municipal Code, found that the Lyford House is of historic and
cultural interest, and is worthy of consideration for protection, enhancement and
perpetuation as such; and
WHEREAS, the matter was duly referred to the Tiburon Planning Commission for
its report and recommendation, and after public hearing on October 13, 1999 the Planning
Commission did forward its recommendations regarding the designation to the Heritage
& Arts Commission; and
WHEREAS, the Heritage & Arts Commission, subsequent to the report from the
Planning Commission, acted to recommend that said building (including its exterior walls
and its total perimeter outside foundation and patio), as shown on attached Exhibit "A".
be declared an historical landmark, and its report and recommendation have been
forwarded to the Town Council, together with the comments of the Planning Commission;
and
WHEREAS, a public hearing was duly set and duly noticed before the Town
Council for the purpose of acting on said recommendation; and
WHEREAS, said public hearing was held on July 19,2000 at which time the Town
Council after due deliberation concurred in the recommendation of the Heritage & Arts
Commission that said building and said perimeter outside foundation and patio should be
declared an historical landmark of the Town of Tiburon.
Tlburon Town COllncl1
f?e.lOl,alOn ,\'0
.::000
EXHIBIT NO. ~
NPSForrnl0.t0D...
-
ewe .,..". No. fCllN-OD'.
United States Department of the Interior
National Park Service
National Register of Historic Places
Continuation Sheet
Section number
7
Page
4
Lvford mansion, Marin County, California
- . -
Effect of move, new location, and restorative work
From historical perspective effects are minimal. The new site is still immediately proximate
to the bay, on contiguous shore, with nearly the same elevation. The setting is studded
with trees and shrubs. The Tiburon road is about 100 yards away; the Strawberry Drive
road was about the same but narrower and less travelled. The move itself did no damage,
with the one exception that a segment of the brick chimnev fractured when the building
~.... - ....
was tipped in the process of winching it up the cliff at Greenwood Beach. The chimney
was repaired very well. The general restorative work described earlier made no structural
- - ~
changes except the addition of the west one-story kitchen wing.
A metal plaque was placed on the entrance in 1959 in reco.\,'nition of the Dickey memorial
restoration. In 1988 a bronze plaque was added by the Native Sons of the Golden West
to commemor<lte the historic value.
This year the town of Tiburon has selected the Lyford mansion for designation as a
Tiburon Historic Landmark..
,
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Richardson Bay Audubon S,ociety P.roperty"
3 7 6 Greenwood- Beach RQad..' T i):mro'n. CA
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NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the Town Council hereby designates the Lyford House (including its
exterior walls and its total perimeter outside foundation and patio with fence
line surrounding the Lyford House structure, as shown on attached Exhibit
"A"), located at 376 Greenwood Beach Road, as an Historical Landmark of the
Town of Tiburon pursuant to Chapter 13B of the Tiburon Municipal Code.
2. No work shall be commenced, and no permit shall be issued by any Town
department for any demolition, removal, destruction, alterations, additions or
changes of any type to the exterior of the Lyford House, including that involved
in exterior painting, exterior lighting and exterior signing, excepting however,
routine maintenance and repair; until the plans for all such work shall have first
been snbmitted to, and approved by, the Heritage & Arts Commission. The
Commission shall act upon such plans within 30 days following submittal of a
complete application to the Town.
3. No work shall be commenced, and no permit shall be issued by any Town
department for any substantial alteration of its exterior walls and total
perimeter outside foundation and patio with fence line surrounding the Lyford
House, including installation of structures or devices that would act to obstruct
views of or access to the Lyford House, until the plans for all such work shall
have first been submitted to, and approved by, the Heritage & Arts
Commission. The Commission shall act upon such plans within 30 days
following submittal of a complete application to the Town.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
, 2000 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
THOMAS GRAM, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE, TOWN CLERK
376greenwood.res.doc
Tiburon Town CO/InCl!
Rexolllllon ;Vo
__ _~/:lO(}O
2
TOWN COUNCIL STAFF REPORT
TO:
TOWN COUNCIL
MEETING DATE: 7/19/2000
FROM:
SCOTT ANDERSON, ~
PLANNING DIRECTOR
ITEM NO.:
I-~.
SUBJECT INCLUSION OF LYFORD HOUSE ON THE NATIONAL REGISTER OF
. HISTORIC PLACES
BACKGROUND
The Audubon Society, owner of the Lyford House and its surrounding 9 acres ofland, has applied
to the State Office of Historic Preservation (SHPO) for inclusion of the Lyford House on the
prestigious National Register of Historic Places
SHPO has solicited comments from the Town regarding the proposed inclusion (Exhibit 1). The
State Historic Resources Commission will consider the application from the Audubon Society on
August 11,2000.
ANALYSIS
The Town ofTiburon is currently pursuing designation of the Lyford House as a local historic
landmark. Inclusion of the building on the National Register would be a high honor for the
Audubon Society and the Town ofTiburon. Staff sees only positive results from such a
designation.
RECOMMENDA nON
Town Staff and the Heritage & Arts Commission recommend that the Town Council adopt the
attached Resolution (Exhibit 2) supporting the inclusion of the Lyford House on the National
Register of Historic Places.
EXHIBITS
1. Letter from State Office of Historic Preservation dated June 12,2000.
2. Draft Resolution
\scott\376greenwood tc2report.doc
TlBURON TOWN COUNCIL
STAFF REPORT
7/1912000
1
Page Two
property with one owner, the property will not be listed if the owner objects. In nominations with
multiple ownership of a single private property, the property will not be listed if a majority of the
owner objects to listing. If the property cannot be listed because the owner of a majority of
owners objects prior to submission of a nomination by the State, the State Historic Preservation
Officer shall submit the nomination to the Keeper of the National Register for a determination of
the eligibility of the property or district for inclusion in the National Register.
If the property is then detennined eligible for listing, although not fonnally listed, Federal
agencies will be required to allow the Advisory Council on Historic Preservation an opportunity to
comment before the agency may fund, license, or assist a project which will affect the property.
If an owner chooses to object to the listing of property, the notarized objection must be submitted
to Mr. Daniel Abeyta, Acting, State Historic Preservation Officer, Office of Historic Preservation,
Post Office Box 942896, Sacramento, CA 94296-0001, fifteen (15) days before the State
Historical Resources Commission considers this application.
This application will be considered by the Commission on August ii, 2000 at 9:00 a.m., at
the San Luis Obispo City Hall, 990 Palm Street, City Counsel Chambers, San Luis Obispo,
California. (This building is accessible to people with disabilities.)
If you wish to comment on whether or not the property should be nominated to the National
Register, please send your written comments to the Office of Historic Preservation. A copy of
the application has been included for your review. Supplemental information on the National
Register of Historical Places and the California Register of Historical Resources are available on
our website at the following address:
htto:/loho. cal-oarks. ca. oov/recJister
Sincerely,
~~
Daniel Abeyta
State Historic Preservation Officer
Enclosures
OHP (OPR) 548b (Rev.9192)
Local govemment - Individual
STATE OF CALIFORNIA - THE RESOURCES AGENCY
OFFICE OF HISTORIC PRESERVATION
DEPARTMENT OF PARKS AND RECREATION
P.O.8QX_
SACRAIIENTo, CA9429c.GOO1
('11) lIIUIZA
FAX ('11) 113-1124
-paOo/l_rb.ca.gov
GRAY DAVIS,_
e
June 12, 2000
RECEIVED
JUN 1 4 2000
Mayor
Town Hall
1155 Tiburon Boulevard
Tiburon, CA 94920
TOWN MANAGERS OFFICE
TOWN Of T1~UAON
To Whom It May Concern:
LYFORD MANSION
Subject:
National Register of Historic Places
The above-named property will be considered by the State Historical Resources Commission for
nomination to the National Register of Historic Places. The National Register is the Federal
Government's official list of historic buildings and other cultural resources worthy of preservation.
Listing in the National Register provides recognition and assists in preserving our Nation's
heritage.
Listing in the National Register provides the following benefits to historic properties:
Consideration in the planning for federally assisted projects. Section 106 of the National
Historic Preservation Act of 1966 provides that the Advisory Council on Historic Preservation be
given an opportunity to comment on projects affecting such properties.
Eligibility for Federal tax benefits. If a property is individually listed in the National Register,
or determined a contributing structure within a National Register district, certain tax provisions
may apply. The Tax Treatment Extension Act of 1980 includes provisions regarding charitable
contributions for conservation purposes of partial interests in historically important land areas or
structures, including archeological sites and private residences. The Tax Reform Act of 1986
contains provisions intended to encourage preservation depreciable historic structures by
allowing favorable Federal tax provisions for rehabilitation. The Tax Reform Act of 1986
provides a 20% investment tax credit or rehabilitation of historic commercial, industrial, and
residential rental buildings listed on the National Register of Historic Places.
Consideration of historic values in the decision to issue a surface coal mining permit where
coal is located, in accord with the Surface Mining and Control Act of 1977.
Qualification for Federal grants for historic preservation when funds are available.
Owners of private properties nominated to the National Register of Historic Places must be given
an opportunity to concur in or object to listing in accord with the National Historic Preservation
Act 1966 as amended of and Federal regulations 36 CFR Part 60. Any owner or partial owner of
private property who chooses to object to listing is required to submit to the State Historic
Preservation Officer a notarized statement certifying that the party is the sole or partial owner of
the private property, as appropriate, and objects to the listing. For a single privately owned
EXHIBIT NO.
I
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
STRONGLY SUPPORTING THE APPLICATION FOR INCLUSION OF THE
LYFORD MANSION ON THE NATIONAL REGISTER OF HISTORIC PLACES
376 GREENWOOD BEACH ROAD
WHEREAS, the Audubon Society, owners of the Lyford Mansion, have applied to
the State Office of Historic Preservation for inclusion of the Lyford Mansion on the
National Register of Historic Places; and
WHEREAS, the State Office of Historic Preservation has solicited comments from
the Town ofTiburon regarding the proposed inclusion on the National Register of Historic
Places;
WHEREAS, the Tiburon Council has designated the Lyford House as a Local
Historic Landmark of the Town of Tiburon due to its significant historical, cultural and
architectural interest: and
WHEREAS, the Town ofTiburon greatly values the preservation and protection
of this remarkable structure by the Audubon Society over the past 43 years and looks
forward to the continuation of such preservation and protection.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby strongly supports the application for inclusion of the Lyford Mansion on
the National Register of Historic Places.
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
, 2000 by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
THOMAS GRAM, MAYOR
TOWN OF TffiURON
ATTEST:
DIANE CRANE, TOWN CLERK
376greenwood state.res.doc
Tiburon Tow" CounCIl
Re.wlllrlOnNo
--.:' -!,200fJ
EXHIBIT NO. J.
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Water Allocations & Rates
Presented in this section are general statistics and data concerning the Town's meters, water
entitlement, MMWD and reclaimed water usage rates.
Town MMWD Water Meters
Annual MMWD Water Allocation
Annual Cost of Usage (at Tier 1 rate)
20
17.33 AF
$16,700
Conversion Information
AF (Acre Feet)
CCF (Hundred Cubic Feet)
G (Gallons)
1 AF = 435.6 CCF
1 CCF = 325,828 G
1 CCF = 748.0 G
Town Allocation
17.33 AF = 7,549 CCF
17.33 AF = 5,646,599 G
MMWD Water Usage Rates
Tier-l
Tier-2
Tier-3
$2.21/CCF
S4.08/CCF
$7.73/CCF
RBSA Reclaimed Water Usage Rate
One Rate
$ 1.1 8/CCF
A final note: If the Town was required to purchase its 17.33 AF entitlement today, the estimated
cost would be approximately $320,000.
RECOMMENDATION:
That Town Council approve of either cooperative plan to maintain median area located in the
Avenida Miraflores/Del Mar School Area.
Staff hopes to reach agreement with the School District with respect to Option 2., however, if
agreement cannot be reached, Option 1 may be implemented, as Staff has identified available
resources that may be reallocated (0.33AF) to the project.
ATIACHMENTS:
A. Memorandum Town Manager to Finance Director & PW Superintendent, July 12,2000
~~
2
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
SUBJECT:
JULY 19, 2000
TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
A VENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING (Status of
Request of Del Mar Valley POA for Portion of Town Water Meter Allocation)
ITEM:
10
BACKGROUND:
This item is to provide follow-up information concerning the request of the DelMar Valley
Property Owners Association (POA) for a reallocation of a portion of the Town's water
allocation to the service located in the Avenida Miraflores (from Del Mar School and north)
median strips. The overall purpose of the POA request is to provide water for landscape
maintenance of the median strips that are located on A venida Miraflores. The property owners
have proposed a cooperative arrangement wherein the Town and POA would share costs and
responsibilities in maintaining the afore-mentioned median strips.
This item was most recently discussed at the Town Council Meeting of June 7, 2000, and
subsequently continued to July for further discussion. At the June 7th meeting Town Council
received a Staff Report which included a recommendation for further review and study of Town
MMWD water allocations in advance of approving the POA proposal. Town Council also asked
Staff to obtain and provide information concerning the Town's MMWD allocations, cost of
MMWD water, cost of reclaimed water, and other related items.
DISCUSSION
Status of Proposal
Currently, Staff is considering two (2) options that will result in a cooperative effort to maintain
the median strips:
Option 1. - As initially proposed, shifting and utilizing a portion of the Town's MMWD
allocations to the medians.
Option 2. - Working with the Reed Union School District to tie-in to their water allocation and
backflow system. (See Exhibit A.)
In both cases the Town would pay ongoing water usage costs (currently estimated at $300 to
$400 per year), as well as other direct costs associated with bringing the water delivery system
online. Option 2 is preferable because of the tie-in to the existing backf\ow system.
1
TOWN OF
TIBURON
MEMORANDUM
. OF"rl€l0~
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To:
From:
Subject:
Date:
FINANCE DIRECTOR/SUPT. OF PUBLIC WORKS
TOWN MANAGER
A VENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING
July 12, 2000
Following our Staff meeting today, I contacted the Reed Union School District and
learned that both Superintendent Chris Carter and Maintenance Superintendent Bob Reynolds are
on vacation. /
I then contacted the District's Business Manager, Jeri Johnson, and met with her
concerning the above subject. In essence, she thought the District would be supportive of
assisting the Town with its irrigation plans, subject to the following:
1. That the Town agrees to defray any direct costs incurred by the District for the water
hook-up on their property;
2. That the District must first review its current District-wide water allocation status as
set forth by MMWD;
3. That in case the District must shut-off the water for whatever purpose or duration, the
Town or adjacent property owners would provide interim water for the landscaping;
4. That the required street cuts between the landscape medians be undertaken when
school is not in session.
In summary, it was agreed that the projected usage of this water by the Town for the
Avenida Miraflores median landscaping would not have any significant impact upon the District,
and with the guarantees by the Town concerning any cost or allocation problems, that a mutually
acceptable agreement should be achievable between the Town and the District.
R. L. Kleinert /J I lJ
Town Manager Jf).J\
wpriocsIRUSD Av Mirajlores Landscape.mem
EXIDBIT NO.
A
- - - "
"....r-.~ ~ .
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
/1
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
STATE PROPOSITOIN 12 (SAFE NEIGHBORHOOD PARKS ACT)
JULY 19, 2000
BACKGROUND
Both the Town Council and the Parks & Open Space Commission have inquired as to the status
of the voter approved State Proposition 12 funding for improvements to local parks and
recreation facilities.
The State Department of Parks and Recreation is the agency designated to implement the grant
application guidelines for Proposition 12 funding.
While no specific application guidelines or procedures have been established by the State at this
time, it is still important for the Parks & Open Space Commission and Town Staff to consider
Tiburon's parks and recreation facilities and make specific recommendations to the Town Council
pertaining to needed improvements or maintenance. In essence, the Town must be pro-active at
this time and ready to submit its grant applications when the guidelines have been established.
Attached for Council's information and reference is a memorandum from the Town's Associate
Planner relating to her inquiries to the State and their responses.
EXHmITS
1. Memo regarding Proposition 12 funding dated 7/11100
Park Improvement Ideas
AREAS OF FOCUS;
(Items are not listed by order of priority.)
Public Trails and Paths
Community Parks
Open Space
Wildlife PIO~tion
Other Community Projects
Grant Application Assistance
Parks and Opens Space Commission
. Multi-use Path Improvements
. Other Trail/Pathway Acquisitions
. Tiburon Ridge Trail Development
. South of Knoll Park
. Belveron Mini Park
. Bel Aire Park
. Zelinsky Park
. Blackie's Pasture
. McKegney Green
. Creation of a Dog Park
. Playground safety upgrades
. Analysis of Vacant Land
. Acquisition
. Maintenance Projects
. Improvement Projects
. Art and Garden Center
. Wildflower gardens
. Children's Garden
. Botanical Garden
. Audubon Education Programs
. Improved Access to Angel Island
. Workshop with paid facilitator
. Employment of a Grant Writer
July 11, 2000
Emi Theriault
From:
Sent:
To:
Subject:
Odel King [OKING@parks.ca.gov]
Friday, June 30, 2000 11 :21 AM
etheriault@ci.tiburon.ca.us
Re: grant application information
Application materials for the Proposition 12 programs have not been developed yet. When we develop the regulations
for the programs, we will have public hearings to do so. We will publish the notice for hearings on our website
(www.parks.ca.gov/grantslbond2000.htrm )and notify local agencies and nonprofit organizations as well. The contact
person that we have for Tiburon is Scott Anderson, Planning Director.
>>> Emi Theriault <etheriault@ci.tiburon.ca.us> 06/30/00 10:22AM >>>
The Parks and Opens Space Commission of the Town of Tiburon would like to
obtain grant application information. Please send information on how to
apply for the various grants involved with Proposition 12. Thank you for
your help. If the information needs to be sent via conventional mail ,
please send the response to our information request to:
Ms. Emi Theriault
Staff Liaison, Parks and Open Space Commission
Town of Tiburon
15D5 Tiburon Boulevard
Tiburon, CA 9492D
1
Emi Theriault
From:
Sent:
To:
Subject:
Donna Arteaga [DARTE@pam.ca.gov]
Wednesday, July 05, 2000 9:16 AM
etheriault@ci.tiburon.ca.us
Re: grant application information
I have forwarded your request to Mr. Keith Steinhart who is the Project Officer for your area, and asked that he respond.
FYI his phone number is 916 653-8893.
>>> Emi Theriault <etheriault@ci.tiburon.ca.us> 06/30/00 10:22AM >>>
The Pam and Opens Space Commission of the Town of Tiburon would like to
obtain grant application information. Please send information on how to
apply for the various grants involved with Proposition 12. Thank you for
your help. If the information needs to be sent via conventional mail,
please send the response to our information request to:
Ms. Emi Theriault
Staff Liaison, Parks and Open Space Commission
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
1
Emi Theriault
From:
Sent:
To:
Subject:
Keith Steinhart [KSTEI@parks.ca.gov]
Wednesday, July 05, 2000 7:09 AM
etheriault@ci.tiburon.ca.us
Re: grant application information
No application information is currently available on prop 12 programs. We are working on this and information will be
available on our web page at www.parks.ca.gov under local assistance grants, and via convention mail.
We show your Planning Director, Scott Anderson, as the town's contact. You have been added to our mailing list, so you
both will receive info.
>>> Emi Theriault <etheriault@ci.tiburon.ca.us> 06/30/00 10:23AM >>>
The Parks and Opens Space Commission of the Town of Tiburon would like to
obtain grant application information. Please send information on how to
apply for the various grants involved with Proposition 12. Thank you for
your help. If the information needs to be sent via conventional mail ,
please send the response to our information request to:
Ms. Emi Theriault
Staff Liaison, Parks and Open Space Commission
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
1
I/el0- ;(/1. I L -
TOWN OF
TIBURON
MEMORANDUM
I
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.
To:
From:
Subject:
Date:
TOWN COUNCIL
TOWN MANAGER
LEAF BLOWERS
July 12, 2000
Periodically the Town receives inquiries concerning the use of gas-powered leaf blowers
and why the Town doesn't ban them.
This is not a new issue to the Town, as the Town Council considered such prohibition in
1995. The outcome of the public hearings at that time was Council's adoption of the attached
restrictions concerning the use of gas-powered leaf blowers as outlined in the Town Municipal
Code.
It is my opinion the current restricted and limited use of gas-powered leaf blowers in
Tiburon appears to be working, and there does not seem to be a ground swell of support to totally
prohibit their use. I would acknowledge that the Town does receive inquiries from time to time
encouraging such prohibition.
R. L. Kleinert
Town Manager
Attachment
Chapter 30
GAS-POWERED LEAF BLOWERS
Sections:
30-1
30-2
30-3
30-4
Title.
Purpose and intent.
Definitions.
Restricted uses-Time of day,
days of week.
Enforcement and violations.
30-5
30-1 Title.
This chapter shall be known as the "Town of
Tiburon leaf blower ordinance" and may be so cited.
(Ord. No. 415 N.S., ~ 1 (part))
30-2 Purpose and intent.
(a) The purpose of this chapter is to regulate the
use of gasoline powered leaf blowers within residen-
tial areas of the community, so as to prevent the
unreasonable and continuous disruption of house-
holds due to leaf blower noise and the devices'
ability to broadcast dust and other airbome pollut-
ants into the air and onto nearby properties. This
chapter also seeks to allow residential property
owners (or their employees, agents or contractors)
to maintain the appearance and condition of their
properties using gas-powered leafblowers on certain
days and at certain times.
(b) Residential areas are being distinguished from
other areas of the town because of the special main-
tenance needs for commercial and other public
areas, and the particular sensitivity of residential
uses to the impacts and effects resulting from the
use of gas-powered leaf blowers. (Ord. No. 415
N.S., ~ I (part))
30-3 Definitions.
As used in this chapter the following terms are
defined in this section:
"Gas-powered leaf blower" means any leafblower
directly powered by all internal combustion or rota-
ry engine using gasoline, alcohol or other liquid or
30-1
gaseous fuel. Electrically powered leafblowers are
not included in this definition.
"Residential area" means any parcel of land
where the primary use of the property is for residen-
tial purposes (such as a single-family residence,
duplex, apartment building or other form of residen-
tial structure). Street areas, up to the center line of
the street, directly in front of properties used for
residential purposes are also considered residential
areas for the purposes of this chapter. (Ord. No. 415
N.S., ~ 1 (part))
30-4 Restricted uses-Time of day,
days of week.
It is unlawful for any property owner or employ-
ee, agent or contractor working for a property owner
to operate a gas-powered leaf blower to blow leaves,
dirt or other debris off sidewalks, driveways, lawns
or other surfaces within any residential area of the
town, except from eight a.m. to four p.m., Monday
through Friday. No use shall be allowed on Satur-
day, Sunday or on holidays recognized by the Town
of Tiburon. (Ord. No. 415 N.S., ~ 1 (part))
30-5 Enforcement and violations.
(a) Violations of this chapter will be subject to
an enforcement process that includes a verbal or
written cease and desist warning from town offi-
cials, followed by a notice of violation of an infrac-
tion, and up to a two hundred fifty dollar fine for
failure to comply with the provisions of this chapter.
(b) AJiy property owner or employee, agent or
contractor working for a property owner who vio-
lates this chapter may also be considered guilty of
an infraction, and each day such violation is com-
mitted or permitted to continue shall constitute a
separate offense and shall be punishable as such.
(Ord. No. 415 N.S., ~ 1 (part))
255
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