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HomeMy WebLinkAboutTC Digest 2007-03-30 TOWN COUNCIL WEEKLY DIGEST Week of Mar<:h 263(), 2007 Tiburon 1. Memorandum from Dan Watrous re: Status of New Construction@430 Ridge Road (Garay) 2. Letter from Building Offical to MIM Garay re: 430 Ridge Road 3. Letter from M/M Mark Garay to Building Department re: 430 Ridge Road 4. Letter from Nick Nguyen re: Upcoming Pavement Improvement Projects 5. Letter from Nick Nguyen re: Wiring Phase of Lyford Cove Utility Underground District 6. Natice: MMWD Informational Meeting on Pipeline Construction along Multi-Use Path 7. Notice: PUC Public Participation Hearing on Blue & Gold Fleet Fare Increase Application Agendas & Minutes 1. Agenda - Design Review Board April 5, 2007 2. Minutes - Action, Planning Commission March 28, 2007 3. Agenda - Sanitary District No.5 April 2, 2007 Regional a) Transactions - Newsletter of MTC - FebruaryIMarch 2007 * b) Invitation from College of Marin - President's Breakfast - May 2, 2007 * I DiGcSi \II \101{ \\Ill \I Date: March 27, 2007 To: Peggy Curran, Town Manager Scott Anderson, Director of Community Development Dean Bloomquist, Building Official From: Daniel M. Watrous, Planning Manager Subject: Status of New Construction at 430 Ridge Road A construction project is currently underway on the property located at 430 Ridge Road, owned by Mark and Lynn Garay. Design Review approval was first granted in 1996 (File #796118) for construction of an addition to the existing house on the site. Since that approval, five subsequent Design Review applications (Files # 296015,299004,200024,20437 and 705128) were approved in 1996, 1999, 2000, 2004 and 2005 for modifications to the approved plans; each application was approved for construction of additions to the existing house. In 2006, Mr. Garay's general contractor, Mark Swanson, discussed with the Building Official the possibility of removing all of the walls ofthe existing house. A Design Review application (File #706153) was filed to "remove and reframe existing walls with new material to the existing heights." This application was approved on October 16,2006. Section 16-4.2.10 of the Zoning Ordinance (New Construction Projects versus Remodel Projects) states that "if the floor area to be demolished is equal to or more than 50% of the total existing floor area of the building, then the project shall be classified as 'new construction', with the expectation that the building is to conform with the appropriate zoning standards for new construction." As all the existing walls of the subject house were approved to be removed, by definition, this project is now classified as "new construction" and is subject to all Town requirements normally imposed for new construction projects. One such requirement that the Building Division has required for all "new construction" projects is a survey of the structure to determine that the vertical and horizontal elements of the building comply with the approved project plans. For this reason, the Building Official has required that Mr. Garay provide a survey ofthis house. Mr. Garay has stated that the Design Review approval did not explicitly categorize the project as "new construction" and the Town should have placed a stamp on the plans requiring a survey. The determination that this project is "new construction" is based on the project description submitted by Mr. Garay to "remove and reframe existing walls with new material to the existing heights," which clearly meets the definition of "new construction" contained in the Zoning Ordinance. The Town of Tiburon does not stamp requirements for a survey on any approved Design Review plans. . DIGEST ~ Town ofJiburon' 1505 Jiburon Boulevard' Jiburon, CA 94920' P. 415.435.7373 E 415.435.2438 'www.ci.riburon.ca.us Mark and Lynn Garay March 27,2007 430 Ridge Road Tiburon, CA 94920 Tom Gram Mayor Reference: 430 Ridge Road-requirement for a survey. . ......... .., Jeff Slavitz Dear Mr. Garay: Vice Mayor . ............ My original letter was sent to the general contractor, Mr. Swanson, who is the Miles Berger Councilmember responsible party in this matter, but you replied to my letter, so I will respond .. ........... to you and copy Mr. Swanson. Alice Fredericks Councilrriember You are incorrect to state that we have required a survey" . . . as a result of an ...... ....... unsubstantiated complaint letter from Mrs. Little regarding the size of our Paul Smith garage." Ms. Little did raise some concern regarding the size of the window Councilmember in the garage and I went to the site to check on that. The survey is required for the reasons stated in my March 14 letter to Mr. Swanson. Margaret A. Curran The current $1,500,000 project involves the addition of2282 square feet to the Town Manager existing 2670 square foot building and is described as follows: "Remodel and expand existing single family dwelling. Perform site improvements and install new driveway gate system". The permit was issued August 10, 2006. On September 15, 2006, the structural engineer, David Strandberg, sent a letter to general contractor Mark Swanson, and copied you, stating that all of the walls would need to be removed because, "We are not able to put a new wall over an existing wall without a floor or roof framing into it to provide lateral bracing. Sistering new studs to existing studs, to increase the wall height is a bad structural sotution, as well. My recommendation is to rebuild any walls that require additional height." Mark Swanson brought me a copy of the letter and asked that I approve removal ofthe walls in the interest of the structural integrity ofthe building. I agreed with the engineer's assessment and sent the following note to design review staff, "Can you use your discretionary authority to allow this to avoid a lengthy delay? It seems reasonable, given the structural imperatives. I can provide a letter if that will help." I . Town ofTiburon' 15051iburon Boulevard o1iburon, CA 94920 0 ~ 415.435.7373 F. 415.435.2438 0 www.ci.ciburon.ca.us 3. I do not have any "evidence" that the location of the building is not as approved. It is the obligation of the general contractor to prove that the building complies, not the Town's to prove that it doesn't. 4. We want an objective, third party, licensed surveyor to certify that the Tom Gram project complies. Building Division staff are not licensed surveyors Mayor and cannot certify that the structure meets setback and height . .............. requirements. Jeff Slavitz 5. It was understood since the date of my email to the general contractor Vice Mayor on September 19, 2006, that a survey would be required. That there ............. . Miles Berger has been some level of misunderstanding on this issue only reinforces Councilmember the need for permits that are clearly delineated at the outset and ., ............ completed within the 18 month time frame. Permits like this one, that Alice Fredericks go on for years, with five Design Review applications, from 1996 to Councilmember 2005, finally resulting what is essentially a new house, are very ...... .... ... Paul Smith difficult for everyone to track. CClUncilmember In closing, I remind you that it is the responsibility of the general contractor, Mark Swanson, to comply with Town regulations. Please submit a survey, certified by a licensed surveyor, within two weeks of the date of this letter. Margaret A. Curran YO=~'<l Town Manager Dean Bloomquist Building Official Cc Mark Swanson Town Manager Town Attorney Planning 3 DIGEST ~ Mark and Lynn Garay 430 Ridge Road Tiburon, California 94920 Tel: 415435-9190 Fax: 415435-9196 Email: garayl@ix.netcom.com Town of Tiburon Building Department Via Email Only March 26, 2007 Dear Mr. Bloomquist, Your letter of March 14,2007 was forwarded to me by Mark Swanson for reply. I understand that as a result of an unsubstantiated complaint letter from Mrs. Little regarding the size of our garage, you have recently requested a full survey of this property and the improvements. You initially requested this based upon the misunderstanding that this was a "new construction" project. Upon discovering that it was not in fact a new construction project, you now claim that a survey would nevertheless be in the "best interests of both M. Garay and the Town...". As you know such a survey is a very expensive undertaking ranging around $6,000.00. While I am willing to allow the Town, or Mrs. Little (who certainly has the financial means) to enter the property to conduct such a survey, and allay any concerns that she may have, I do not believe that we should be asked to. absorb this extraordinary and unjustified expense. Apart from the obvious financial implications, I believe there are other reasons why we should not be requested to provide and pay for a new survey. This project is an addition and remodel, which had a survey done by JL Engineers as a part of the application. It is constructed largely on the foundation that has been there since 1969, and the new foundation built three years ago pursuant to the JL survey which is part of the file. The new foundation that was inspected and completed under the prior permit, and has gone unchallenged for three years, and has been confirmed as being correct and within the setback repeatedly. The foundation location is not an issue. As you know, the steel frame for the house is erected and in place, the building framed, and it would not be altered in any event. The primary concern of your letter seems to be roof height. Your letter reasons that since we requested the removal of some defective framing, the project should now be considered as "new construction". Although some new framing was substituted for the existing, we never requested and never changed the I that we have paid. I again invite you to please come, pull a tape from foundation or floor to root; and confirm that the building heights are consistent with the approved plans. A short visit by you to the site would resolve any doubts that you may have and should satisfy the concerns of Mrs. Little, without the need for us to incur the cost of an unnecessary and expensive survey, Please understand that we are not being difficult, but rather practical and cost conscious. In the event you do not agree to proceed with the measurement as suggested, I would very much appreciate some answers from you so that I may better understand and evaluate any justification for your insistence on a survey at this time, and my next steps in this process. . I. Which section of the Building Code, or the Town ordinances do you rely on in requiring that we provide a new survey at this time? 2. Which other "addition / remodel" projects were required to provide a survey mid project? 3. What evidence if any do you have that the location of the building is not as approved, or that there is a discrepancy in height from the approved plan? 4. Why can't you establish the building height conformity to the approved plans with a tape measure? 5. Why have you requested a survey at this time instead of at completion, the foundations, steel, and framing are all already in place? I hope that the foregoing explanation will allow you to better understand our point of view on this issue, and that you may reconsider your request for the survey, and if still in doubt, proceed with tape measurements to establish building heights. Sincerely, _.j?~~~"_;;-" --a..~'-} ./'~ / Mark M. Garay Cc Town Manager Town Attorney Planning Mayor and Town Council John Dresslar, Esq. 3 DIGEST Town ofTrburon' 1505 Trburon Boulevard' Trburon, CA 94920' ~ 415.435.7373 F. 415.435.2438' www,ci.tiburon.ca.U5 RE t"V' \~:;-~~,! fiAt( L 9 2007 Tont,Gram March 27,2007 TOWN MANAGERS OFFICE Mayor TOWN OF TIBURON ... ............ Jeff 51.vi,. Vice Mayor Utility Companies and other Public Agencies .. .........._, Miles'Berger Re: Town ofTiburon Upcoming Pavement Improvement Projects Councilmember .. ..... ......... The Town of Tiburon will embark on improving specific streets within the Town Alice Fredericks Councilmember pursuant to the following locations and improvement schedules: ..... ,"..,.,. PROJECT PROJECT PROPOSED START Paul Smith NAME LIMITS OF STREET IMPRS. Councilmember Lyford Cove DUD See attached map August 2007 Del Mar DUD See attached map August 2008 Mar West Tiburon Blvd-Paradise Dr. August 2007 Margaret A. Curran Multi-use Path Pine Terrace-Lagoon Road April 2007 Town Manager Intersection Imprs. Tiburon Blvd @ Reed Ranch July 2007 Pine Terr. ADA Path Tiburon Blvd.-200 yards July 2007 west of A venida Miraflores The Town of Tiburon, like most California communities, has a practice of discouraging "pre-planned improvements" by other agencies for a period of five years after the completion of street restoration work on streets within the Town. If you have a planned project under any of the above streets within the next five years, please either complete the work before the Town's project has commenced or delay the project till five years after the completion of the Town's project. If there is a problem in accomplishing the above or if you wish to coordinate efforts, please call me to see if we can work out something. Thank you. Sincerr' G l ~ L..,r ,J, "--- Nick Nguyen, Director OrJ'UbI1C Works/Town Engineer Cc: .; Peggy Curran, Town Manager Rocco Colicchia, Harris & Associates AI Petrie, CSG Consultants Scott Anderson, Director of Community Development DIGEST 5 Town ofTiburon . 1505 Tiburon Boulevard -uburon, CA 94920 . P. 415.435.7373 F. 415.435.2438 . www.ci.riburon.ca.us March 28, 2007 To: Lyford Cove Utility Underground District Project Property Owners on the following streets: . .. Paradise Drive, Mar East, Solano (Mar East to Paradise), and Linda Vista .. . Subject: Lower Streets - Wiring Phase of the new Utility Underground The utility companies have commenced wiring the streets above Paradise Drive and the work is going well. The utility company crews will want to move directly down to Paradise and those streets below Paradise after they finish the upper streets. Therefore, we need your help to make sure you have your private lateral work in place before May 1,2007. Please do everything possible to meet this completion date. The Town has successfully lobbied the utility companies to begin their wiring work early. Any delays in the private lateral work may prompt them to de-mobilize and reschedule, causing delays. If you are unable to meet this private lateral work completion date of May 1 st, please call me, as soon as possible, at the Town Hall (435-7359). Thank you. Sincerely, t2Lk Al Petrie, P .E. Consultant-Utility un7und Projects Cc: Town Council' Peggy Curran, Town Manager Nick Nguyen, Director of Public Works/Town Engineer @ DIGEST c.- MARIN MUNICIPAL WATER DISTRICT March 27, 2007 Informational Meeting on Pipeline Construction along Multi-Use Path in Tiburon Pipeline Replacement Project Will Improve Fire Flow Capacity and Overall Reliability The Marin Municipal Water District is replacing more than one mile of critical pipeline in the Tiburon area as part of the district's fire flow master plan to improve the water system's fire- fighting capacity and overall reliability. The construction will impact a popular multi-use path fronting Pine Terrace, Palmer Court and Tiburon Boulevard in the Town of Tiburon. Approximately 6,400 feet of welded steel and high density polyethylene (HDPE) pipe will replace aging cast iron water mains with a history of failure, much of the pipe dating back to 1921. These mains are the only drinking water transmission lines for the Tiburon-Belvedere Peninsula area. The public will continue to have access to the multi-use path during construction. An informational meeting is scheduled for 6:00 pm, Monday, April 9, 2007 at the Town Hall in Tiburon to provide information on the safety measures that will be put in place during construction and plans for improvements to the multi.use path as part of the project. The pipeline replacement project includes: . The installation of 4,900 feet of 18-inch welded steel pipe and 380 feet of 20-inch HDPE pipe along the multi-use path between Pine Terrace and Lagoon Road. . The installation of 540 feet of 8-inch welded steel pipe on Palmer Court. , The installation of 350 feet of 6-inch HDPE pipe from Bayshore Terrace to Pine Terrace. Following completion of pipeline replacement work, the path restoration will include: , A new 10-foot wide asphalt path. , A 3- to 4.foot wide decomposed granite jogging path on each side of the asphalt path. The project also includes tentative plans by the Town of Tiburon to install a short retaining wall and two drinking fountains at the same time. MMWD received six bids for this project and awarded the contract to Ghilotti Construction Company of Santa Rosa, who submitted the lowest responsible bid of $1,564,695. Construction is planned to start in April and is scheduled for completion by mid.September 2007. Both the contractor and MMWD will make every effort to minimize traffic disruptions during construction and ensure public health and safety. The fire flow improvement portion of this project is being paid for and will benefit Marin residents served by MMWD. Fire flow improvements have already been completed in Tam Valley, San Rafael, Larkspur, Tiburon, Ross, San Anselmo, San Geronimo Valley, Fairfax and Mill Valley. To date MMWD has spent over $46.5 million in fire flow fee funds and district capital funds installing larger diameter piping and retrofitting tanks and treatment plants for seismic stability. The informational meeting is scheduled for: 6:00 PM, MONDAY, APRIL 9, 2007 AT THE TOWN HALL IN TIBURON 1505 TIBURON BOULEVARD 7 DIGEST MEB/hkr 3/26/2007 Ie l ", /( (;t L/~ l'l" ( . - I'" ., ''--'!i1 'Lt 1\:1/ BEFORE THE PUBLIC UTILITIES COMMISSION OF THE STATE OF CALIFORNIA In the Matter of the Application of Blue & Gold Fleet, L.P., a Delaware Limited Partnership, for Authorization for Passenger Fare Increases on Its Vessel Common Carrier Service on San Francisco Application 07-01-006 Bay Between Tibmon on the One Hand and (Filed January 4, 2007) Authorized Points in San Francisco on the Other Hand. In the Matter of the Application of Blue & Gold Fleet, L.P., a Delaware Limited Partnership, for Authorization for Passenger Fare Increases on Its Application 07-01-027 Vessel Common Carrier Service on San Francisco (Filed January 16, 2007) Bay Between the City of Sausalito on the One Hand and Authorized Points in San Francisco on the Other Hand. ADMINISTRATIVE LAW JUDGE'S RULING SCHEDULING PUBLIC PARTICIPATION HEARING This ruling schedules a Public Participation Hearing (PPH) in the above proceedings and directs Blue & Gold Fleet, L.P. to provide timely notice of the PPH to its customers. The PPH is scheduled for: April 10. 2007 7:30 p.m. Town of Tiburon Council Chambers 1505 Tiburon Blvd. Tiburon, California 94920 271448 - 1 - A.07-01-006, A.07-0l-027 MEB/hkr In addition, Blue & Gold Fleet, L.P. shall have a representative at the PPH who is authorized to respond to customer inquiries and statements. IT IS RULED that: 1. Public Participation Hearing in the above proceedings will be held on the date and at the location and time described above. 2. Blue & Gold Fleet, L.P. shall provide notice to its customers not later than 10 calendar days prior to the Public Participation Hearing as specified above. 3. Blue & Gold Fleet, L.P. shall have a representative at the Public Participation Hearing who is authorized to respond to customer inquiries and statements. Dated March 26, 2007, at San Francisco, California. Isl MARYAM EBKE Maryam Ebke Administrative Law Judge -3- A.07-01-006, A.07-01-027 MEB/hkr* SERVICE LIST * Last Update on 01-FEB-2007 by: LIL A0701006 NOPOSTl A0701027 ************ APPEARANCES ************ ********* INFORMATION ONLY ********** Taylor Safford BLUE & GOLD FLEET, L.P. 100 NORTH POINT STREET, SUITE 145 SAN FRANCISCO CA 94133 (415) 705-8200 taylor@blueandgoldfleet.com Danie] F. Reidy, Esq. Attorney At Law LAW OFFICES OF DAN]EL F. REIDY 370] SACRAMENTO STREET, NO. 386 SAN FRANCISCO CA 941 ] 8 (415) 750-4210 dfreidy@pacbell.net For: B]ue & Gold Fleet, L.P. ********** STATE EMPLOYEE *********** Gregg Bragg CALIFORNIA HIGHWAY PATROL PO BOX 942898 SACRAMENTO CA 94289-000] Richard Clark Consumer Protection & Safety Division RM.2205 505 V AN NESS AVE San Francisco CA 94] 02 3298 (4 I 5) 703-2349 rwc@cpuc.ca.gov Maryam Ebke Administrative Law Judge Division RM.510] 505 V AN NESS AVE San Francisco CA 94102 3298 (415) 703-2271 meb@cpuc.ca.gov Suong T. Le Consumer Protection & Safety Division AREA 2-C 505 VAN NESS AVE San Francisco CA 94102 3298 (4]5) 703-1216 stl@cpuc.ca.gov Paul Wuerstle 3 Consumer Protection & Safety Division RM. 2]07 505 VAN NESS AVE San Francisco CA 94] 02 3298 (415) 703-2183 pwu@cpuc.ca.gov (END OF SERVICE LIST) DESIGN REVIEW BOARD DIGEST AGENDA TOWN OF TmURON DATE: 4/5/07 1~5TIrnURONBOULEVARD MEETING TIME 7:00 P.M. TIBURON, CA 94920 AGENDA NO.: #5 PLEASE NOTE: In order to give all 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 for the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes; (5) Speak directly into microphone and (6) All documents submitted at the meeting mustfirst be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the new meeting date. Notices will not be sent out for items continued to a specific date. A. ROLL CALL: Chair Doyle, Boardmembers Beales, Frymier and Teiser B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD L 1893 Centro West Harb New DwellingNar./F1. Area Except. CONTINUED TO 4/19/07 2. 140 Porto Marino Huehne AdditionsIV ariances E. NEW BUSINESS BEFORE THE BOARD 3. 105 Ave. Miraflores R.U.S.D. Tree Permit 4. 9 Burrell Court Hariri AdditionsIV ariances 5. 2270 Paradise Drive Martinez AdditionN ariance/Floor Area Exception 6. 16 Southridge East Ehsan AdditionsIV ariances 7. 180 Solano Street Halawa New DwellingNariance/Floor Area Exception F. APPROVAL OF MINUTES #5 OF THE 3/15/07 DESIGN REVIEW BOARD MEETING G. ADJOURNMENT "PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** DIG'" '1.1., ~ TOWN OF TIBURON "-....' J PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting March 28, 2007 - 7:30 PM ACTION MINUTES CALL TO ORDER AND ROLL CALL 7:30 pm Present: Chairman Fraser, Vice Chairman Aguirre, Commissioner Collins, Commissioner O'Donnell Absent: Commissioner Kunzweiler ORAL COMMUNICATIONS 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. There were none COMMISSION AND STAFF BRIEFING Staff Update Commission Information Items PUBLIC HEARING 1. TIBURON GLEN RESIDENTIAL PROJECT: TENTATIVE SUBDIVISION MAP APPLICATION FOR THE CREATION OF THREE BUILDABLE LOTS OFF PARADISE DRIVE NEAR NORMAN WAY; Xanadu Property Holdings, Owner and Applicant, LLC; Assessor's Parcel No, 039-241-01 Approved 4-0 MINUTES 2. PLANNING COMMISSION MINUTES - REGULAR MEETING OF MARCH 14, 2007 Adopted with Amendments 4-0 ADJOURNMENT 7:50 PM DIGEST Fred C. Hannahs, President Peter Hoyt Berg, Director ~ , Casey A. Kawamoto, Vice President Kenneth A. Marks, Director Catharine Benediktsson, Secretary AGENDA Sanitary District No.5 of Marin County Regular Board Meeting at Sanitary District No.5 of Marin County Meeting Room 2001 Paradise Drive, Tiburon, California Monday, April 2, 2007 6:30 p.m. CALL TO ORDER and ROLL CALL PUBLIC OPEN TIME: The public is invited to address the Board on items that do not appear on the agenda and that ,are within the subject matter jurisdiction of the Board. The Board will not take action on any public comment. DIRECTORS COMMENTS AND/OR AGENDA REQUESTS CONSENT CALENDAR 1. Approval of March 5, 2007 Regular Board Meeting Minutes MANAGEMENT REPORT 2. Operations Report (O'Day) a. Tiburon/Belvedere Compliance Report & Public Complaint Report 3. District Manager's Report a. Screw Press Update b. AT&T Antenna Site Agreement Update c. Wastewater Facilities Manager Position Update d. Fiscal Year 2007/2008 Budget Planning e. Reschedule Luncheon Event f Report on Santa Rosa Conference "The Basics of Finance" March 29,2007 UNFINISHED BUSINESS 4. Award Contract to Kennedy/Jenks for the Paradise Cove Treatment Plant Improvement Project (Lynch) 5. Authorization and Approval for Placement of2001 Paradise Drive Streetlight (Lynch) NEW BUSINESS 6. Approval and Acceptance of2006/2015 Sanitary Sewer Line and Manhole Rehabilitation Program- Tiburon Zone (Lynch) 7. Cooperative Public Education Program -- Sanitary District No.5 and Five Marin Sanitary Agencies (Lynch) 8. Adoption of Lab Director Job Description (Lynch) 9. Adopt and Approve Adm. Asst./Acct. Specialist Job Description and Salary Steps (Lynch) 10. Adopt Resolution No. 2007-02, "Proposing An Election Be Held In Its Jurisdiction; Requesting The Board of Supervisors To Consolidate With Any Other Election Conducted On Said Date, and Requesting Election Services By the Registrar of V oters" (Koch)