HomeMy WebLinkAboutTC Digest 2014-10-24TOWN COUNCIL WEEKLY DIGEST
Week of October 20 - 24, 2014
Tiburon
1. Email - Jo Burnett - Reconsideration of di Suvero Sculpture
2. Reed Union School District 2015/2016 School Calendar
Agendas & Minutes
3. Minutes -Planning Commission -September 24, 2014
4. Action Minutes -Planning Commission -October 22, 2014
Regional
a) None
Agendas & Minutes
b) None
* Council Only
DIGEST %
Peggy Curran
From: Peggy Curran
Sent: Monday, October 20, 2014 10:58 AM
To: Peggy Curran
Subject: FW: A Tiburon Talk Newsletter Special Bulletin: October 15, 2014
Sent: Saturday, October 18, 2014 6:18 PM
To: Peggy Curran
Subject: Fwd: A Tiburon Talk Newsletter Special Bulletin: October 15, 2014
Begin forwarded message:
From: Jo Burnett <ioburnett.mail @gmail.com>
Date: October 18, 2014 at 5:56:43 PM PDT
To: <tiburontalk�a ci.tiburon.ca.us>
Subject: Re: A Tiburon Talk Newsletter Special Bulletin: October 15, 2014
PLEASE re- consider the amazing gift of the di Suvero sculpture, before the New York Times
and CNN hear about this and hick will soon be spelled T- I- B- U- R -O -N! J
Jo Burnett
a.
REED UNION SCHOOL DISTRICT Board Adopted:
2015 -2016 School Calendar
October 21, 2014
STAFF
STUDENT
DAYS
DAYS
DATE
REMARKS
AUG
Aug 13 -14
New Teacher Orientation
3
4
5
6
7
Aug 17 -1S
AStaff Development Days (NO StttdERIS)
10
It
12
13
14
Aug 19
• Teacher Work Day (No Students)
17A
18A
19•
2010
21
Aug 20
f0 FIRST DAY OF SCHOOL (Min Day)
24
25
26
27
28
Minimum Days Highlighted in Yellow
31
11
8
SEPT
1
2
3
4
Sept 7
a Labor Day
7 •
8
9
10
11
14
l5
16
17
18
Sept 21
A Staff Development Days (No Students)
21A
22
23
24
25
28
29
30
21
20
OCT
1
2
5
6
7
8
9
12
13
14
IS
16
19A
20
21
22
23
Oct 19
A Staff Development Day
26
27
28
29
30
22
21
NOV
2
3
4
5
611
Nov6
Ilk End of First Trimester
9
10
It •
12
13
Nov 11
a Veterans' Day
Nov 1 6 -20
OParent Teacher Conferences (Early Dismissal)
16 17
18
19
20
23
24
1
250
1 26a
270
Nov25.27
THANKSGIVING RECESS
30
17
17
DEC
1
2
3
4
7
8
9
10
11
14
15
16
17
18
21
22
23
24
25
Dec 21 -Joni
WINTER RECESS
28
29
30
31
14
14
JAN
I*
Jan 4
A Staff Development Day (No Students)
2016
4A
5
6
7
8
11
12
13
14
15
Jan 18
a Martin Luther King, Jr. Day
18 a
19
20
21
22
25
26
27
28
29
19
18
FEB
I
2
3
4
5
8
9
10
11
12
15 a
161
17
18
F 19
Feb 15
a Presidents' Day
Feb 15 -19
MID - WINTER BREAK
22 23 24 25 26
29
16
16
MAR
1
2
3
4
Mar 4
4 End or Second Trimester
7
8
9
10
11
14A
15
16
17
18
Mar 14
AStaff Development Day (No Students)
21
22
23
24
25
28
29
30
31
23
22
APR
1
4
5
6
7
8
Apr 11 - 15
SPRING RECESS
Il 12 1 13 14 15
18
19
20
21
22
25
26
27
28
29
16
16
MAY
2
3
4
5
6
9
10
11
12
13
16
17
IS
19
20
23
24
25
26
27
30a
31
21
21
1 May 30
a Memorial Day
JUN
1
2
3
6
7
8
910
10
13
14
15
16
17
June 9
llf LAST DAY OF SCHOOL (Min Day)
20
21
22
23
24
June 10
•Teacher Work Day (No Students)
27
28
29
30
8
7
LEGEND:
188
180
a Legal Holiday
■
Local Holiday
180
Student Days
2 Teacher Work Days 2 New Teacher Days
:f First/Last Days of School
A
Staff Development Days
6
Staff Development Days
• Teacher Work Days
4k
End of Trimester
188
TOTAL STAFF DAYS
Urarent/Tearonference week dismissal lines.,
Reed -12 :00
BA -12:10 DM - 12:15
3 PLANNING COMMISSION MINUTES DIGEST '
MINUTES NO. 1049
September 24, 2014
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL:
Vice Chair Kulik called the meeting to order at 7:30 p.m.
Present: Vice Chair Kulik, Commissioners Corcoran, Weller and Williams
Absent: Chair Welner
Staff Present: Planning Manager Watrous and Minutes Clerk Harper
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Planning Manager Dan Watrous reported that there are no items scheduled for the October 8
Planning Commission meeting, but three items scheduled for October 22nd, including the annual
review for Kol Shofar CUP, the Circulation Element Update, and a time extension request for the
Alta Robles Precise Development Plan. Commissioner Weller noted that he will be absent for the
October 22nd meeting.
PUBLIC HEARINGS
1. 2070 PARADISE DRIVE: CONDITIONAL USE PERMIT TO CONSTRUCT A
FLOATING DOCK; FILE #11404; Caroline Mead, Owner; Joe Sherer, Applicant;
Assessor's Parcel No. 059 - 181 -85 (Continued from August 27, 2014)
Planning Manager Watrous presented the staff report and said that the applicant submitted a
conditional use permit application to construct a dock on a currently vacant lot located at 2070
Paradise Drive. This application was first reviewed at the August 27, 2014 Planning Commission
meeting and at that time, several neighboring property owners raised concerns about potential
noise from the proposed dock due to tidal and storm wave action and whether the proposed
floating metal gangway and dock would be consistent with other fixed wooden piers along this
stretch of Lyford Cove.
The Planning Commission shared some of these concerns about potential noise from the
proposed dock and asked the applicant to present information from the engineer who designed
the project addressing potential noise issues and asked to document his statement that the Bay
Conservation and Development Commission (BCDC) has determined the design of the proposed
TIBURON PLANNING COMMISSION MINUTES — SEPTEMBER 24, 2014 - MINUTES NO. 1049 PAGE I
floating dock to be preferable to that of a fixed pier design. The Commission continued the
application to the September 24, 2014 meeting to allow the applicant time to submit the
requested information.
Joe Sherer, representing the applicant, presented information on other floating docks in the area,
including docks at 2032, 2074 and 2078 Paradise Drive. He stated that the proposed dock would
be modest in size relative to those docks. He addressed the issue of noise coming from a floating
dock and stated that he tried to quantify and evaluate whether there would be noise coming from
this dock. He stated that sound dissipates over distance and how audible noise levels would be at
different distances, illustrated with a plan showing how far away the houses are located from the
docks. He stated that noise from water splashing on the shore would be louder than any possible
splash at the dock. He then played a video to show an example of the water hitting the dock. He
observed that there was more noise from people walking by and from cars than from water
splash. He read a statement from a dock installer stating that floating docks do not create more
noise than a fixed dock.
Mr. Sherer described his discussions with BCDC, the Water Quality Control Board and the
Army Corps of Engineers. He said that he did not get a letter back from BCDC but he noted that
BCDC's goals are to preserve the Bay primarily by reducing fill, specifically including language
in their Section 66605 reading that "further filling of San Francisco Bay should be authorized
only when public benefits from fill clearly exceed public detriment from the loss of water areas."
He added that the other main BCDC goal is to make the Bay more accessible for the use and
enjoyment of people. He summarized his conversations with Ming Young at BCDC that they
encourage docks with fewer piers and less fill, which made a floating dock preferable to a fixed
pier. Mr. Sherer stated that the dock complies with the goals of BCDC and other agencies as
well, but more importantly the dock would meet the criteria of the Planning Commission under
their authority to grant a conditional use permit. He said that the use and size were appropriate,
the dock would not impede views and would be similar to the characteristics of the neighbors'
docks.
Mr. Sherer addressed the concern that a floating dock might be less stable than a fixed dock. He
stated that he took this very seriously and trusted a local dock expert whose company has built
more docks in the area who recommended a floating dock versus a fixed dock at this location.
He said that he looked online and found letters from many informed people who preferred the
stability of a floating dock. He said that his research showed that a floating dock would better
withstand tidal surges and rough weather. He said that he found a bulletin from U.S. Department
of Homeland Security which was entitled, "Floating docks prevent severe damage to boats
during hurricanes" and he included the quote that "the traditional fixed design makes docks more
susceptible to damages during severe weather like a hurricane. A storm surge may submerge a
stationary dock, washing away dock boards and railings. Pieces of broken dock can turn into
underwater and windbome debris."
Mr. Sherer summarized that he believed that the noise concerns from neighbors were
unsubstantiated, that there was nothing to support the contention that the dock would be unstable,
that all experts recommend floating docks over fixed docks, and the proposed dock would be
TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 24, 2014 - MINUTES NO. 1049 PAGE 2
smaller and less intrusive than the docks nearby. He said that this dock design meets all Tiburon
criteria for approval and he welcomed the Commission's support. -
Commissioner Williams asked Mr. Sherer to talk about decibel ranges, the comparison of water
hitting at the shore with water hitting at the dock and the concerns about metal on metal and boat
noise from the gangway and the plank. Mr. Sherer said that there is no metal rubbing on metal on
a floating dock, as there are Teflon rollers which make virtually no noise. He said that the person
who would hear this most would the homeowner. He added that another benefit of a floating
dock is that anything tied to it will rise up and down with the water level and not create noise.
Vice Chair Kulik asked if the noise data presented was generated by Mr. Sherer. Mr. Sherer said
that he did the recording, but the table was just mathematics. He added that the readings were
made shortly after the last meeting at mid -day, with the tide level in the mid -range and the sea
fairly calm, but there were ripples of 2 -3 inches. He clarified that the 79 peak decibel rating
likely occurred when a vehicle passed by.
Vice Chair Kulik opened the public hearing.
Rick Barberia said that he worked 33 years in the maritime industry and wished the applicant had
met with the community at Lyford Cove who understand what works and what does not work.
He stated that they live in a FEMA flood zone and have had storm conditions in and around
Lyford Cove. He stated that a stone surge on Paradise Drive in 2011 damaged a dock and ripped
out the entire walkway by the abutment and pier head and this is the kind of storm surge they
experience and would have had a major impact on a floating dock. He said that he and his
neighbors want the homeowners to be able to build a dock but thought that this was the wrong
dock in the wrong location. He stated that there are no floating docks from Elephant Rock to
Lyford Cove. He said that most people have lifts on their docks, and he did not believe that it
was right for BCDC to make a recommendation and he asked that the Commission not approve
the proposed floating dock.
Sandra L'Heureux stated that for years they have all enjoyed the serene and quiet Lyford Cove
on the bay. She said that she and her husband have gone on camping trips near water and floating
docks, which she said are very noisy. She felt that a boat added to the floating dock and gangway
would be deafening and a stationary dock would be a better solution. She said that from Elephant
Rock to Ball Point there are no floating docks for good reason, given the roughness of the bay.
She said that the noise that would be experienced would not be water splashing but banging of
the dock with things not being attached and that would make a lot of noise.
Mr. Sherer said that he appreciated that the neighbors support a dock and he understood the idea
that a fixed dock seems more stable and before he did the research he would have thought the
same thing. However, after speaking to all experts, he said that not one recommended a fixed
dock. He said that BCDC does not want to see many piers and for docks to be useful to those
accessing the bay. He reiterated that engineers, the Coast Guard and Homeland Security were the
ones who said they want a dock that will be able to move with the water.
Vice Chair Kulik closed the public hearing.
TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 24, 2014 - MINUTES NO. 1049 PAGE 3
Commissioner Weller said that he appreciated the attempts by the applicant to bring some
objectivity to the general comments heard at the last meeting and he understood the project better
than he did before. He stated that he is not an engineer and it is the job of engineers to determine
the appropriateness of a dock design and location. He stated that the applicant applied for a CUP
for a floating dock and has concluded that the appropriate design is a floating dock and he would
support the statements from BCDC. He believed, on balance, that he was prepared to support the
application based on the additional information received from the last hearing. He felt that the
only basis he could conclude that this was not supportable would be based on engineering data
and the balance of the evidence presented was that a floating dock would be best.
Commissioner Corcoran thanked the applicant for coming prepared with so much information
and for conducting so much research. He felt that the presentation was thorough and although he
could understand the concern of neighbors regarding noise, he did not understand why it became
such a big issue. He said that it seemed that from the abundance of information, for a variety of
reasons, floating docks are preferable and are the more appropriate solution. He said that BCDC
prefers such docks for large storm surges, and making it easier for boats to get in and out of the
water, requiring less fill in the bay. He said that the dock would be narrower and therefore would
not require as much fill. He did not believe that noise would be an issue and most noise would
not be coming from this particular dock. He stated that he has noted that most docks in this area
do not get a lot of usage except on weekends. He said that he supported the request.
Commissioner Williams said that she thought that this was a compelling and comprehensive
presentation. She appreciated the neighbors' concerns but stated that the Commission's position
is not to review the dock design. She thought that there was substantial evidence that a floating
dock is preferable. She said that the core issue is noise and the evidence and presentation
regarding noise was very encompassing. She said that the applicant had taken into account all
types of noises that can arise and all conceivable decibel ranges. She stated that because the
evidence from the engineer supports the project, she would defer to the engineer's and to the
contractor's expertise and support approval.
Vice Chair Kulik summarized the evidence presented for the other floating docks and their
locations and noted the unique areas of shoreline around the Tiburon Peninsula, with Raccoon
Straits and Lyford Cove having different characteristics that the yacht clubs or Richardson Bay.
He stated that not all properties are sited equally for water usage, as some properties have 30 feet
of draft and it is very easy to put a boat there, while others have a very shallow grade as the bay
goes out. He felt that a 70 foot dock extending into the bay to achieve 2 feet of draft at the low
level water mark was a stretch and was not a natural component of the property. While he
acknowledged General Plan Policy LU -26 would encourage increased water access to the
property owners, such a dock could restrict access to the other neighboring owners, boaters and
kayakers because it would go out further into the bay and obstruct water transit in that area.
He talked about the noise issue and the presentation that contends that this dock would not create
noise, but said that his concern was not noise now but if noise becomes a problem in the future.
He said that whatever is built now will be there for a long time and will be expensive to change.
He said that if the CUP is approved there would only be a staff level design review for the dock,
TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 24, 2014 - MINUTES NO. 1049 PAGE 4
so he felt that the Commission must review the project design and how it would affect the
community: He believed that a 60 foot fixed pier with some kind of boat lift mechanism would
solve several problems, as it would match the design of other piers in the area, address the
neighbors' concerns about metal on metal noise and would be supported by the residents in the
area. He said that such a fixed pier with a boat lift would solve the issue of a 2 foot draft that
concerned him at the last meeting. He said that 2 feet of draft with a boat with its motor up
would result in about 6 inches of play at low tide, so that any 6 inch or greater wave action
would ground the boat. He stated that this is not a binary situation where can one have a dock or
not have a dock, as the neighbors support a dock, but it is the type of dock which is a concern.
He recommended that the Commission approve the project with the conditions that the dock be a
65 foot fixed pier which would go out to the same point as the neighboring pier to the north, and
equip it with some sort of boat lift mechanism.
Commissioner Weller respectfully disagreed with Vice Chair Kulik, stating that there was no
evidence that a fixed pier is less noisy than the pier proposed or that the neighbors object to the
length of the pier. He felt that he had no basis at all to approve an application for a pier that is not
before the Commission. He said that he was not persuaded by Vice Chair Kulik's analysis and he
did not think that the Commission had a factual basis upon which to require any alternative
design. He said that he would oppose any suggestion that this application be approved with a
modified design that is not before the Commission and one that neither staff nor the applicant has
reviewed or proposed.
Commissioner Williams said that Vice Chair Kulik's comments were very thoughtful and there
were a few points that resonated, but she agreed with Commissioner Weller's comments. She
said that she was not persuaded that this was not the best design based on all the evidence and
she was not prepared to evaluate an entirely new design. She thought that a boat lift could
potentially be noisier than the floating dock.
Commissioner Corcoran said that he appreciated and commended Vice Chair Kulik's attempt to
be creative and find a solution given the disagreement between applicant and neighbors, but he
did not think that it is the role of the Planning Commission to design projects, but that that is the
role of professionals. He said that there was no evidence that fixed docks are dangerous and
likely to cause more damage than a floating dock.
ACTION: It was M/S (Weller/Williams) to adopt the attached resolution approving the permit
subject to conditions contained therein. Motion carried: 3 -1 ( Kulik voted no).
2. PLANNING COMMISSION MINUTES — Regular Meeting of August 27, 2014
Commissioner Williams requested the following corrections:
• Page 3, second paragraph, revise sentence to read: "Commissioner Williams asked how
this dock compares in square footaaearea- and-heigl -with the other docks."
• Page 14, first paragraph, revise sentence to read: "Commissioner Williams said that in
terms of community input, there were 7 to 10 neighbors who support the seasonal rental
unit and there are at least 1 or 2 who oppose ft."
TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 24, 2014 - MINUTES NO. 1049 PAGE 5
Commissioner Corcoran requested the following correction:
• Corcoran: spelling page 3, top line, revise sentence to read: Commissioner Corcoran
asked and confirmed with Mr. Sherer that BCDC-lead led him to this design."
ACTION: It was WS (Weller /Corcoran) to approve the minutes of the August 27, 2014, as
amended. Motion carried: 4 -0.
ADJOURNMENT:
The Planning Commission adjourned the meeting at 8:30 p.m.
DAVID KULIK, VICE CHAIR
Tiburon Planning Commission
ATTEST:
DANIEL M. WATROUS, SECRETARY
TIBURON PLANNING COMMISSION MINUTES - SEPTEMBER 24, 2014 - MINUTES NO. 1049 PAGE 6
DIGEST
TOWN OF TIBURON Action Minutes - Regular Meeting
Tiburon Town Hall Tiburon Planning Commission
1505 Tiburon Boulevard October 22, 2014 — 7:30 PM
Tiburon, CA 94920
ACTION MINUTES
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL At 7.30 PM
Present: Chair Welner, Vice Chair Kulik, Commissioner Corcoran, Commissioner Williams
Absent: Commissioner Weller
ORAL COMMUNICATIONS There Were None
Persons wishing to address the Planning Commission on any subject not on the agenda may do so
under this portion of the agenda. Please note that the Planning Commission is not able to undertake
extended discussion, or take action on, items that do not appear on this agenda. Matters requiring
action will be referred to Town Staff for consideration and/or placed on a future Planning
Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony
regarding matters not on the agenda will not be considered part of the administrative record.
COMMISSION AND STAFF BRIEFING
Commission and Committee Reports
Director's Report
PUBLIC HEARINGS
3825 PARADISE DRIVE (ALTA ROBLES PRECISE DEVELOPMENT PLAN): Request
For Time Extension for an Approved 14 -Unit Single- Family Residential Project on
Approximately 52 Acres of Land; Planned Development #20; File #30701; Rabin Survivors
Trust and SODA, Owners and Applicants; Assessor's Parcel Nos. 039- 301 -01 and 039- 021 -13
[DW] Recommended Approval to Town Council 4-0
2. 215 BLACKFIELD DRIVE: Periodic Review of a Conditional Use Permit to Operate a
Synagogue and Appurtenant Day School; File #1004; Congregation Kol Shofar, Owner and
Applicant; Assessor's Parcel No. 038 - 351 -34 [DW] Found in Substantial Compliance 4 -0
3. GENERAL PLAN CIRCULATION ELEMENT AMENDMENTS: Review Proposed
Amendments to the Tiburon General Plan Circulation Element Incorporating "Complete Streets"
Principles; Consider the Initial Study/Draft Negative Declaration, and Make a Recommendation
to the Town Council Regarding Adoption [SA] Recommended Approval To Town Council 4 -0
Tiburon Planning Commission Action Minutes October 22, 2014 Page 1
4. 110 MAIN STREET: Conditional Use Permit to Extend the Hours for Beer and Wind Sales
for a Restaurant in a Village Commercial Zone; File #11405; Zelinsky Properties, Owner;
Crystal and Renzo Azzarello, Applicants; Assessor's Parcel No. 059 - 102 -20 [KO]
Continued to November 12, 2014
MINUTES
5. PLANNING COMMISSION MINUTES —Regular Meeting of September 24, 2014
Approved As Amended 4 -0
ADJOURNMENT At 8:05 PM
a102214
Tiburon Planning Commission Action Minutes October 22, 2014 Page 2