HomeMy WebLinkAboutTC Min 1992-04-07
TOWN COUNCIL
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MINUTES
CALL TO ORDER
Mayor Thayer called the regular meeting of the Town Council of the Town of Tiburon
to order at 7:35 p.m., Tuesday, April 7, 1992, in Room 5, Del Mar School, Tiburon,
California.
A. ROLL CALL
PRESENT: COUNCILMEMBERS: Friedman, Coxhead, Kuhn, Logan, Thayer
ABSENT: COUNCILMEMBERS: None
EX OFFICIO:
Town Manager Kleinert, Town Attorney
Ewing, Town Engineer Bala, Supt. of Public
Works Iacopi, Planning Director Lohman,
Senior Planner Anderson, Finance Director
Stranzl, Police Chief Heriey, Minute Clerk
Kearney.
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B. APPOINTMENTS TO COMMISSIONS. BOARDS. COMMITIEES
None.
C. PUBLIC OUESTlONS AND COMMENTS
A. Deirdre McCrohan, reporter for The Ark newspaper, submitted and read a letter
on behalf of the newspaper urging the Town Council reconsider its decision to
oppose Senate Bill 1538 which proposes reforms to the Brown Act and which
amends the conditions under which legislative bodies may meet in closed session.
The Town Council reaffirmed their decision to oppose this legislation and stated
the current Brown Act is adequately restrictive in determining what subjects may
be discussed in closed session.
D. CONSENT CALENDAR
The Town Manager submitted a corrected copy of the Resolution supporting Proposition
"A", Item #4.
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Motion:
To adopt the Consent Calendar consisting of the following items:
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1.
2.
3.
4.
APPROVAL OF MINUTES #928, March 17, 1992
TRAFFIC SAFETY COMMITrEE REPORT (March - Resolution)
INVESTMENT SUMMARY REPORT (January & February 1992)
PROPOSITION "A" COUNTYWIDE OPEN SPACE PARCEL
TAX (Recommend Support - Resolution)
AWARD OF CONTRACf (Landscape Maintenance for
McKegney Green & South of the Knoll Park - Gardener's Guild)
5.
Moved:
Vote:
Kuhn, Seconded by Friedman
AYES: Unanimous
E. COUNCIL. COMMISSION OR COMMITIEE REPORTS
6. NEW TOWN COMMUNITY CENTER PROGRESS REPORTS
a. Space Allocation/Site Committee - Russ Wisch ow, Chair
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Mr. Wischow reported that his committee's efforts have been directed towards the Ned's
Way and Point Tiburon sites since negotiations to use the Mar West property for the
new Library are currently transpiring; they are developing conceptual sketches;
considering seismic code requirements for the Police Department; completing cost
evaluations; and considering various location alternatives for police and administrative
offices on the two sites. He added that their final recommendation will be presented to
the Financing/Implementation Committee for review of financing options, and a joint
report will be presented at the April 28th Town Council meeting.
b. Financing/Implementation Committee - Glenn Smith, Chair
Glenn Smith stated the Committee is attempting to quantify the financial issues
associated with the two sites, including costs associated with possible relocation of the
Community Garden, Thrift Shop, and Child Care Center at the Ned's Way site. Until
such time that the Space Allocation/Site Committee recommends a specific site, he
stated the Committee is considering financing options, including a construction loan;
bond related alternatives; identifying specific sources of repayment and mandates
requiring a vote of the people. He stated that it is the sense of the Committee that
whatever the financing vehicle chosen, it should receive voter approval. He added that
the two subcommittees will be meeting on April 13th and will be reporting to the
Standing Committee on April 23rd. The Standing Committee will in turn make a
presentation to the Town Council on April 28th.
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Vice-Mayor Kuhn added that the Town has submitted a Letter of Intent stating its
interest in purchasing Point Tiburon; however, there are other potential bidders on the
property.
A. On another issue, Vice-Mayor Kuhn reported the Downtown Ferry
Facilities & Waterfront Improvements Committee are moving ahead with the
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construction of the pedestrian bridge joining the Shoreline Park with the Allen
Thompson Memorial Walkway, and the Red and White fleet has agreed to redesign their
dock facilities to accommodate the disabled and improve ferry access and circulation.
He added that the Committee is also considering general harbor safety and downtown
circulation issues.
F. PUBLIC HEARINGS
7. SALE OF TOWN PROPERTY - MAR WEST SITE (Authorization to
Sell Mar West Property to County of Marin to Accommodate New
Belvedere/Tiburon Branch Library - Resolution)
The Town Manager reviewed the staff report, stated that the two contingencies for the
sale of the property have been satisfied and recommended the Council adopt the draft
Resolution designating the Town's Mar West property for sale to the County of Marin
for a public library. In addition, he requested the Town Council authorize staff to
complete negotiations with the County and prepare the final sales agreement for
execution by the Town Council and the Board of Supervisors.
Mayor Thayer opened the public hearing.
Nat Marans, Spanish Trail Road, recommended the new Library be named in honor of
the Zelinsky family.
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The Town Council unanimously agreed that the library be dedicated to the Zelinsky
family and requested the draft resolution be amended as follows:
Add #3 under NOW, TIlEREFORE, BE IT RESOLVED:
"That the County of Marin and Library Committee work
with the Zelinsky family to determine an appropriate
memorial at the site."
The Town Council also acknowledged former Mayor Kirk Hanson and Councilmember
Coxhead's efforts in acquiring this property.
Motion:
To adopt A RESOLUTION OF TIlE TOWN COUNCIL OF TIlE
TOWN OF TIBURON DESIGNATING TIlE TOWN'S MAR WEST
PROPERTY FOR SALE TO TIlE COUNTY OF MARIN FOR A
PUBUC UBRARY, as amended.
Logan, Seconded by Coxhead
AYES: Unanimous
Moved:
Vote:
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8. BLACKIE'S PASTURE DEVELOPMENT PLAN (Consider
Recommendations of Parks & Open Space Commission)
Richard Hill, POSC Chair, reviewed the proposed revisions to the previously approved
1985 plan as outlined in the staff report. He noted that based on the Philis Faber's (the
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wetland biologist) report, the Planning Director determined that no new CEQA
evaluation was needed on the revised plan; the POSC prefers the deeper ponded area
to eliminate the mudflat appearance and provide siltation to facilitate marsh growth; and
the POSC can solicit grant funding once the working drawings are prepared and cost
estimates determined.
Chairman Hill also acknowledged receipt of a letter from Barbara Salzman of the
Audubon Society expressing her concerns regarding overexcavation of the marsh plain
beyond + 1.5 NGVD; urging the parking lot be a hard gravel surface to allow runoff to
filter through the ground; and recommending the Town Council define a specific goal
statement as to whether the marsh is to be a pond or salt marsh. He stated he spoke
. with Ms. Salzman and her concerns regarding the pond were based on possible required
future dredging to retain the pond appearance. He stated he assured her it was the
POSC position to create a natural marsh, future dredging is not contemplated, and the
ponding is temporary until it fills in with Bay mud.
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Regarding the issue of gravel vs. asphalt for the parking area, Chairman Hill stated the
POSC recommends asphalt be used due to concerns about safety to bicyclists, the ability
to stripe parking spaces on asphalt and provide a more efficient parking area, the ability
to better control the drainage of toxins from cars away from the marsh area, and the
avoidance of muddy potholes during the winter months. He urged the Town Council
approve the proposed plan, appropriate sufficient funds for working drawings to
determine cost estimates, and direct the POSC to seek grant funding for the
development of Blackie's Pasture.
Discussion ensued regarding the time required for adequate siltation to occur, cost
estimates, how the seeding process develops, and whether a maintenance plan is being
developed.
Mayor Thayer opened the public hearing.
Former Mayor Don Tayer, representing the Reedlands Homeowners Association,
questioned whether the plan could be constructed in stages and what funds are available
to perform the initial phase; and Chairman Hill responded affirmatively that the plan
would be completed in stages and the current budget includes approximately $250,000
for the first stage.
Don Batten, Pres. of the Belveron Homeowners Association, commended the POSC for
their efforts to provide adequate parking and spoke in support of the plan.
Stewart Hopkins, Lagoon View Rd., spoke in opposition to the proposed plan, stated a
salt marsh was unnecessary, and recommended no action be taken until additional public
hearings are held.
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Bob Ross, resident, urged Council consider fencing the proposed pond area to keep
children out.
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George Salerno, POSC member, responded that adequate public hearings have already
been held regarding the proposed plan, much consideration and effort has been given
to provide a responsible and ecologically sound utilization of the site, and he urged the
Council approve the proposed plan.
Norm Johnson, resident, spoke in support of the proposed plan.
Priscilla Tripp, representing the Tiburon Residents Association, stated the Association
conducted a survey that was sent out to registered voter households within the Town and
stated that out of 300 responses, 24% felt Blackie's Pasture should remain as is, 52% felt
it should be cleaned up at minimal cost, 18% felt natural development at a cost of
$620,000 would be appropriate, and 6% preferred a landscaped park at a cost of $1.2
million. Therefore, she urged that a new Town Hall be given priority and resources
directed to that effort.
Discussion ensued regarding how the survey was conducted and how much background
information was provided along with the survey.
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Nicky Wolf, also representing the Tiburon Residents Association, stated that a second,
more detailed survey was forwarded to those residents who responded to the first, of
which 64 responses were received and of which the majority said further public review
of the plan should occur before a budget decision is made. She added that 47 indicated
they would not support the proposed plan for development, but preferred general clean
up and enhancement through natural vegetation requiring little or no irrigation.
Regarding the parking area, the majority of respondents indicated the number of parking
spaces should be based on the number of cars on a typical summer weekend. She
emphasized that the overall message received from the survey results was that the
majority of the people did not want overdevelopment of the area.
On her own behalf, Ms. Wolf stated she personally supports restoration of the wetlands;
however, she does not support overexcavation to -2.0 NGVD of the marsh area because
of associated costs and lack of benefit to facilitating development of the salt marsh. She
also recommended the parking area be composed of gravel as opposed to asphalt and
recommended the costs be kept to a minimum in order to receive community support.
The Town Engineer suggested the culverts to the salt marsh area be blocked with boards
to facilitate the siltation process during low tide.
Bruce Abbott, Greenwood Beach Road, spoke in support of the proposed plan.
Mayor Thayer closed the public hearing.
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Councilmember Coxhead expressed concern that the Audubon Society has not been
actively involved in the planning process for Blackie's Pasture by not attending any of
the hearings; expressed concern regarding the overall costs for the proposed
improvements; and stated the support of the environmental groups is necessary and
should be pursued to obtain grant funding.
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Councilmember Logan stated he has difficulty believing that most people want to leave
the area in its present state; stated the level at which to excavate should be left to the
experts; the Council should state that it is its intent to restore the salt marsh; agreed
with the Town Engineer's recommendation to place boards in culverts; agreed that the
asphalt should be replaced with gravel; stated his general support for the plan, but
concern about financing; and stated the plan should be completed in phases.
Vice-Mayor Kuhn concurred with Councilmember Logan's comments; stated the public
hearing process needs to be strengthened in notifying the public of meetings; certain
capital expenditures could be given priority in various stages such as providing parking
improvements, pathways and restrooms; and suggested additional public hearings be
scheduled before approval of the plan.
Councilmember Logan questioned the need for additional public hearings; noted that
despite the results of the survey, very few residents made an effort to attend tonight's
meeting to voice their opinions; and stated a decision should be made at this time.
Councilmember Friedman indicated his support for the proposed plan; stated that
although he prefers asphalt for the parking lot, he might support gravel if it is
demonstrated to be preferred; agreed the Town Council should declare its intent to
restore a salt marsh in the area; and stated he would defer to the outgoing
councilmembers as to how to proceed.
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Mayor Thayer stated he does not sense a great deal of public opposition to the concept
proposed, although the survey indicates concern about costs; indicated support for
approving in concept the proposed plan at this time; stated that specific construction
drawings are necessary to determine accurate cost estimates, how deeply to excavate, and
whether gravel or asphalt should be used; stated that several low cost improvements
could be accomplished for the first phase which would include general cleanup and
planting of drought resistent, native plants and the marking of some paths and parking
areas.
Vice-Mayor Kuhn withdrew his comments about the need for additional public hearings
as he was informed that the entire proposed package was sent to every homeowners
association, Audubon Society, and every other concerned party; therefore, he is prepared
to vote for plan approval at this time.
Councilmember Coxhead noted that although the plan will be approved in concept at
this time, the future Town Council will make the decisions as to implementation and
funding and additional public input can be received after the cost estimates are
determined.
Motion:
To approve the Blackie's Pasture Development Plan, dated 11/12/91; to
appropriate sufficient funds for working drawings to determine cost
estimates; and to direct the POSC to seek grant funding for development
of Blackie's Pasture.
Kuhn, Seconded by Coxhead
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Moved:
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Amended Motion:
That the Town Council go on record that the goal of approval of this plan
is the re-establishment of a salt marsh; that the working drawings include
the barriers as recommended by the Town Engineer; and that gravel or
other alternatives to asphalt be considered for the parking area.
Logan, Seconded by Kuhn
AYES: Unanimous
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Moved:
Vote:
Nicky Wolf clarified that cost was not the primary concern of the respondents to the
survey conducted by the Tiburon Residents Association, but that 81% did not favor the
proposed plans. She added that the respondents' opinions should not be discounted
because they did not attend tonight's meeting; and Councilmember Logan responded
that he was not discounting their opinions because they did not attend tonight's meeting,
but was noting that adequate notice was provided that this issue was to be considered
and very few people responded by attending.
Mayor Thayer added that additional hearings will be held as the costs and details of the
plan are determined.
Councilmember Friedman stated he was troubled with the form of the survey and the
phrasing of the questions asked, and would prefer more detailed responses in letter form
with identification of the respondents.
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9. ZONING ORDINANCE REVISIONS (Ordinance, 2nd Reading)
The Planning Director reviewed the proposed amendments to the zoning ordinance,
including the request by Legal Aid of Marin concerning "overconcentration of residential
care facilities", and requested second reading be held and the ordinance adopted.
Mayor Thayer opened the public hearing, and upon hearing none, closed the public
hearing.
Motion:
Moved:
Vote:
Motion:
Moved:
Vote:
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To read the ordinance by title only.
Friedman, Seconded by Logan
AYES: Unanimous
To pass second reading of AN ORDINANCE OF THE TOWN
COUNCIL OF THE TOWN OF TIBURON AMENDING VARIOUS
PROVISIONS OF THE TIBURON ZONING ORDINANCE
(ORDINANCE NO. 360 N.S. AS AMENDED BY NO. 375 N.S.)
Kuhn, Seconded by Friedman
AYES: Friedman, Coxhead, Kuhn, Logan, Thayer
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G. UNFINISHED BUSINESS
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10. CHILD CARE CENTER LEASE (Consider Proposed Lease Agreement)
The Town Attorney reviewed the staff report and stated the Town has been negotiating
with the Child Care Center and Reed Union School District to resolve issues addressing
the terms of a lease with the Child Care Center and long-term use of the Town's
property over which the District has an easement. He also reviewed the draft lease and
use agreement which requires the Child Care Center to pay a monthly rent for use of
the property to be reimbursed to the Center if it relocates its facility at the expiration
of the lease on June 30, 1993. The remaining issue is the amount of monthly rent to be
paid by the Child Care Center.
Discussion ensued regarding the Center's Board of Directors vote to agree to pay
$250/month rent; the Center's concerns about potential rent increases beyond the
termination of the lease on June 30, 1993; the Town's need to increase the rent because
of the decreased dollar valuation; the District's intent to exercise their easement on
Town property for use as a playground if the Center is relocated on School property;
concerns that it is inappropriate for the Town to treat one non-profit agency differently
from another by not charging rent; and that the current Center location was always
intended to be temporary.
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Bob Goldman and Sandy Donnell, representing the Child Care Center, expressed
agreement that the Center would be willing to pay $250 per month rent, with the
understanding that the amount of rent increase will be negotiated prior to the lease
termination on June 30, 1993. Therefore, it was agreed to make the effective date May
1, 1992, and to amend the draft agreement by striking the sentence "Beginning July 1,
1992, rent shall be $ per month" on page 2, paragraph 2, line 3.
Motion:
To authorize the Mayor to execute the draft lease and land use agreement
as amended between the Town of Tiburon, the Belvedere/Tiburon Child
Care Center and the Reed Union School District, setting the rent at $250
per month, effective May 1, 1992.
Friedman, Seconded by Kuhn
AYES: Unanimous
Moved:
Vote:
Councilmember Coxhead questioned whether the Town should reconsider its relationship
with the Joint Belvedere/Tiburon Recreation Committee and whether rent should be
required for office space; and Vice-Mayor Kuhn reiterated the importance of being
cautious in the future and establishing business relationships from the outset with other
public agencies.
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H. NEW BUSINESS
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11.
SOUTH KNOLL & BELVERON MINI-PARKS (Consider
Recommendation of POSC Regarding Removal of Unsafe Playground
Equipment & Retaining Playground Consultant)
The Town Manager reported that the playground equipment at the South of Knoll and
Belveron Mini-Parks have been evaluated by playground consultants and found to be
hazardous and not in compliance with the Consumer's Product Safety Commission's
Guidelines on Public Playground nor the Americans with Disabilities Act.
Lisa Klairmont, POSC, stated that the consultant has indicated that none of the
equipment could be salvaged, decisions need to be made regarding the ages to be served
by each park, and the Belveron Mini-Park needs to be evaluated by the Belveron
Homeowners Association.
Henry Siegel, POSC, added that the consultant has provided various equipment options;
and recommended the slide area at the South of the Knoll Park be equipped for 2 to 5
year olds and the area closer to the water be equipped for 5 to 10 year olds; and
recommended that the present equipment be removed immediately.
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Margo Wiviott, Hilary Drive, recommended a parent review committee be established
to identify and provide input regarding appropriate equipment, and requested that
certain repairs, upgrading and improvements be provided rather than total removal of
the equipment.
Don Batten, of the Belveron Homeowners Association, stated that his neighborhood
children have requested a sandbox and a swing be installed in the Belveron Mini-Park;
the neighborhood has requested any equipment be low-key and aimed toward pre-school
age children.
Patric Kearns, Hilary Drive, stated the South of Knoll Park is very important to Town
families; requested some minor safety improvements be completed at that location; and
requested the new equipment blend with the beauty of the park.
There was additional discussion regarding the need for immediate removal of unsafe
play equipment, whether the Town should wait for further input from the Mothers
Committee regarding ages to be targeted and needed equipment; and whether certain
equipment can be repaired.
Motion:
That $500 be appropriated to retain a playground consultant; that a
Mothers Committee be formed to meet with the POSC and consultant
regarding plans for improvements at the Belveron Mini-Park and South of
Knoll Park; and that Public Works Department be directed to immediately
remove and/or repair all hazardous equipment.
Logan, Seconded by Kuhn
AYES: Unanimous
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Moved:
Vote:
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12.
DOWNTOWN WATERFRONT IMPROVEMENTS (Approve
Conceptual Plan for Realigned Red & White Ferry Dock & Authorize
Application for Permits to BCDC and Army Corps of Engineers for Dock
& Zelinsky Pedestrian Bridge)
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Vice-Mayor Kuhn requested the Town Council approve in concept the proposed Red &
White ferry dock facilities' realignment and authorize Town Staff to submit the formal
applications to BCDC and the Army Corps of Engineers for the required permits to both
install the pedestrian bridge and realign the Red & White dock facilities. He noted that
the realignment will require an easement from the Town as a portion of the relocation
is located on the Town's tidal lot. The Town Attorney added that he has drafted an
easement agreement that will come before the Town Council for consideration at the
appropriate time.
13. CAPITAL EQUIPMENT PURCHASE (Authorization to Purchase New
Replacement Dump Truck - F450 Super Duty 1 1/2 Ton for Public Works
Department)
The Finance Director stated the Town's current dump truck has become too costly to
maintain and requested authorization to purchase a new F450 Super Duty 1-1/2 dump
truck for the Public Works Department.
Motion:
To approve and authorize the expenditure of $24,000 for the purchase of
the Dump Truck at $22,200, and vehicle set-up costs at $1,800.
Kuhn, Seconded by Coxhead
AYES: Unanimous
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Moved:
Vote:
I. COMMUNICATIONS
14. Ltr. from Belvedere/Tiburon Joint Recreation Committee, dt'd. 3/29/92
Vice-Mayor Kuhn reviewed the request by the Joint Recreation Committee that space
of approximately 950 square feet be provided in the space allotments for the new Town
Hall facility; and stated an agreement needs to be negotiated with the City of Belvedere
to share expenses for the Town's providing floor space within its plans.
There was also discussion regarding the equitability of the proposed ratio of
responsibility of 25% Belvedere and 75% Tiburon. Therefore, the Town Manager was
directed to meet with the City Manager of Belvedere to discuss these issues and report
back to the New Town Hall Subcommittees and Town Council.
15. LCOTPOA Minutes; March 2, 1992
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The minutes from the March 2, 1992, meeting of of the Board of Directors of the
Lyford's Cove/Old Tiburon Homeowners Association were received by the Town
Council without comment.
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.1. STAFF AND TOWN MANAGER REPORTS
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16. Newsrack Regulations (Status Report)
The Town Attorney reviewed the staff report and recommended that Town Staff contact
the newspapers distributed in Town to determine whether an agreement to regulate
newsracks throughout the Town to improve appearance and locations, similar to that in
Sausalito, can be negotiated. The Town Council directed Town Staff to pursue this
effort.
A There was discussion regarding whether to change the regular meeting dates back
to Wednesdays. It was determined that commencing with the first meeting in
May, the regular Town Council meetings will be held the first and third
Wednesdays of each month.
~ CLOSED SESSION
The Town Council adjourned to Closed Session at 12:15 a.m., Wednesday, April 8, 1992,
to discuss pending litigation.
I. ADJOURNMENT
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There being no further business before the Town Council of the Town of Tiburon,
Mayor Thayer adjourned the meeting at 12:30 a.m., Wednesday, April 8, 1992, sine die.
ATTEST:
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THERESE M. HE NESSY, T N CLERK
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