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HomeMy WebLinkAboutTC Digest 2006-11-09 TOWN COUNCIL WEEKLY DIGEST Week of November 6 -9,2006 Tiburon Specific 1. Correspondence from Nicholas Nguyen -re:Two Way Traffic Centro E/Mar E 2. Correspondence from Nicholas Nguyen - re: Del Mar Undergrounding Dist. 3. Thank You to Diane Crane lacopi - re: Preparation of MCCMC Invitation 4. Email from Liz Bird - re: Change of Resignation Date from DRB to 12/31/06 5. Correspondence from Henry J. Broderick - re: McKegney Trees 6. Correspondence from Peter Brooks - re: McKegney Trees 7. Invitation to MCCMC - November 29,2006 - ServinD's Tiburon 8. Correspondence from Pamela Cowens -re:Yoga Studio Conflict w/ Recreation Agendas & Minutes 9. Minutes - Planning Commission - October 25, 2006 10. Action Minutes - Planning Commission - November 8, 2006 11, Agenda - Design Review - November 16, 2006 12. Meeting Cancellations - Planning Commission -11/22,12/13,12/27/2006 Regional Information a) Western City Magazine - November 2006 * b) Bay Trail Rider - Fall 2006 * c) Correspondence from "Californians Aware" * Agendas & Minutes - Regional d) None * Council Only I. Town ofTiburon . ] 5051ibuwn Boulevard .1iburon, CA 94920 . P. 415.435.7373 E 415.435.2438 . www.ci.riburon.ca.us DIGEST November 3, 2006 To: Lyford Cove Utility Underground District Project Property Owners on Mar East (Solano to Mar Centro) and Mar Centro Subject: Temporary Two-Way Traffic on Mar Centro and Mar East The Town ofTiburon and the County of Marin Public Works Department have conferred on transforming Mar Centro and Mar East (Solano to Mar Centro) into two way traffic during trenching operations on Mar East. We have agreed on the following during the construction work hours on Mar East: . The Paradise/Mar Centro intersection will be made a three-way stop with advance warning of this change to be placed on the north leg of this intersection. . Mar Centro and Mar East (Solano to Mar Centro) will accept two-way traffic to provide an additional outlet for neighborhood traffic blocked or delayed by construction activities. . The Project Contractor, Maggiora & Ghilotti, will direct traffic around construction operations. We hope you find this temporary change makes driving in the area safer and without delay. We thank you for your understanding and patience. Sincerely, U~~L.- cry Nicholas T. Nguyen, P. E, Director of Public Works/Town Engineer Cc: Aeggy Curran, Town Manager Al Petrie, Consultant - Utility Underground Projects Police Department - Chief Matt Odetto Fire District S:\Public Works\Utility Undergrounding\Lyford Cove Construction\MAReast2W A YI ] -03-06.doc DIGEST R. Town ofTiburon 0 15051iburon Boulevard o1iburon, CA 94920 0 P. 415.435.7373 E 415.435.2438' www.ci.tiburon.ca.U5 Paul Smith November 6, 2006 Mayor ..... ... ..... Ranger Pipelines Incorporated Tom Gram 1790 Yosemite Avenue Vice Mayor San Francisco, California, 94124 ..... ... ..... Miles Berger Coundlmember ATTN: Ms. Veronica Campbell .. 0.' ...... ..... Alice Fredericks Subject: Del Mar Under grounding Utility Assessment District Cotmcilmember .. 0.' ......... Dear Ms. Campbell: Jeff 51.vi,. Councilmember Thank you for your letter, dated November 3, 2006, extending the expiration of your bid for the Del Mar Undergrounding project until December 9, 2006 without any changes to the terms. The Town appreciates your flexibility and looks forward to working with your company in the near future. We will continue to keep you abreast of project status and any new developments. I know that this will be a great project for both the Town and your company. If you have any questions, please don't hesitate to contact me. Sincerely, ~~~ Nicholas T. Nguyen, P.E. Director of Public WorksfTown Engineer CC: / Peggy Curran, Town Manager Ann Danforth, Town Attorney AI Petrie, Consultant - Project Coordinator What Patience! Page 1 of 1 /)IG~ ,. Diane Crane lacopi From: Mary Jane Burke [mjburke@marin.k12.ca.us] RECEIVED Sr Sent: Wednesday, November 08, 2006 10:34 AM To: Diane Crane lacopi NOV - 8 2006 Subject: What Patience! TOWN MANAGERS OFFICE TOWN OF TIBURON Diane-- I just wanted to thank you for your incredible patience and flexibility in preparing the invitation for the MCCMC November meeting. Getting input from a group is not easily managed, but you did it with grace, humor and high tolerance. The result was excellent. I am sure that the Town of Tiburon is appreciates your many talents and high quality service. MARY JANE Mary Jane Burke Marin County Superintendent of Schools 1111 Las Gallinas Ave - P. O. Box 4925 San Rafael, CA 94913 voice: (415) 499-5801 fax: (415) 491-6624 email: mjburke@marin.k12.ca.us 11/8/2006 Page 1 ofl 'I. Diane Crane lacopi !JIG ,.'.. .~~.....,,__~, .,.,.~._.~~_~_.__...~___ .. ....____........._..__._m.._......__...., .~.~H .......n.n .....nnn~~RECEi\jED From: EBird915@aol.com Sent: Friday, November 03,20064:55 PM NOV - 8 2006 To: Diane Crane lacopi Subject: [POSSIBLE TOWN OF TIBURON SPAM] Amendment to ORB departure TOWN MANAGERS OFFICE TOWN OF TIBURON Importance: Low D D \ ear lane, This is just to let you know that I would like to change my departure from the DRB 0 December 31, ra her than December 1 st. It's just too hard to say goodbye! All the best, Liz Bird 1 1/8/2006 $ DIGEST November 8, 2006 RECEiVED NOV - 8 2006 Dear Mayor Paul Smith and Fellow Councilmembers: TOWN MAN>',GERS OFFICE TOWN OF TIBURON RE; McKegney Trees The trees on the Knoll at McKegney Green are a unique treasure and any measure to alter them should be the result of a painstaking analysis of all aspects of any proposal to change their condition or appearance. I was shocked by the "expert" opinion of Robert Morey of Marin Tree Service ("Specializing in Tree Preservation") who, after an admittedly cursory inspection, concluded by and large that a great number of these stately trees should be removed. His idea that some of the trees pose a threat of falling on the soccer field is a classic red herring. Morey's ill- considered analysis should not provide the basis for any action the Town decides to take on this important issue. What is needed is a careful, detailed study of all the trees and a plan for treatment and action that will address the many issues including safety, beauty, and tree and view preservation. These trees have provided a visual welcome to our community for many years and their well being should be a major consideration. I urge that you take no action whatsoever in response to Mr. Morey's sorry report, but rather initiate the measures needed to make a sound decision. Very truly yours 20 Rowley Circle Tiburon, AC 94920 Ph: 435 0462 Fax: 435 0415 e-mail: hbroderick@sbcglobal.net cc: THE ARK . ~~~g~W~~1 ,. DIGEST NOV 0 8 2006 ) Nicholas Nguyen RE. Director of Public Works, Town Engineer DIRECTOR OF PUBLIC vVORKS Town of Tiburon RECEIVED TOWN OFTIBURON 1505 Tiburon Blvd, NOV - 9 2006 Tiburon, California. TOWN MANAGERS OFFICE Mr. Nguyen, TOWN OF TI8URON I am writing to you today in response to a concern of a friend and fellow town resident Hank Broderick of Rowley Circle, Tiburon. Mr. Broderick was concerned about the notification he receive from the town that you are planning on safety pruning the Eucalyptus globulus trees on the knoll at Mckegney Green. He contacted me because I am a long time town resident and Certified Arborist that has worked with him in the past on tree preservation issues. As it happens I was the last climber to prune the trees and am very familiar with them. For the record I am not in- terested in bidding on this project in order to eliminate any conflict about my motivation for my comments. I read the report supplied by Mr. Morey of Marin Tree Service and agree that the trees are ready for safety pruning. I am alarmed by the comments that removal would be a recommended course of action for any of the larger specimens. I encourage you to slow down and give the trees on the knoll a thorough study and allow the public a chance to review and com- ment on the plan. It is my opinion that the largest and oldest trees in the grove lend a very significant value to the community and should be preserved using the best practices possible. They are not imminently hazardous and can quite rea- sonably wait for study and review. The tree that fell was in an unusual situation that is not shared with any other trees in the grove. I strongly dis- agree that you can make the blanket statement that the trees should be pruned by 30%. The older trees do not need and will not benefit from such a drastic pruning. The trees should have their limbs shortened in a tech- nique called "end weight reduction". This technique specifies the retention of interior structure and the pruning of the branch ends at a fork that is growing horizontally and of enough size to take over and use the forces of turger that the trees continued growth will produce. This technique limits the amount' at sptoutlhg that comltll:>hly occurs when eucalyptus are pruned too heavily. Cahdidly not many tree climbers are skilled enough to .~ . provide this service and I would happily volunteer to interview and visit the project while it was in process to oversee it. I concur with Mr. Morey's conclusion that removing the trees on the cliff side is a reasonable action based on public safety concern; The urgency of this part of the project is aggravated by the limited root zone and degree of slope present. I am confident a thoughtful plan fortheknol1 would ihchjde tne removal of most if not all of the secondary trees that are growing downwind from the parent trees. These trees are mentioned as a grouping of 12-14 trees growing over the bike path by Mr. Morey. He correctly points out the many structural defects the trees have. I suggest that "safety pruning" these trees is a waste of money and delays an inevitable decision to remove them. Compounding the problems presented by the secondary eucalyptus trees is a thick stand of Italian Stone pines that are young and growing vig- ourously. These trees are in a perfect position to add a critical rung to a fire fuel ladder. It is easy to imagine a scenario where a careless smoker sets off a grass fire that climbs into the highly pyrophytic pines that provide the fuel to ignite the eucalyptus. It is well understood that burning eucalyptus trees spread the fire of the Oakland Hills Fire exponentially. In conclusion I am concerned about preserving the valuable Eucalyptus globulus trees on the knoll. I recognise the importance of public safety and agree that the a variety of techniques including removal should be em- ployed in order to effect that safety standard. I am interested in participat- ing in discussions about the trees and would appreciate being invited to discuss the issue with interested parties. ~C. Peter Brooks Certified Arborist #319 54 Claire Way, Til?uron ^ .--- -._---~--- ------ , z ~ <?tQ ~ Town of Tiburon ~~~ Hosts The Marin County Council of Mayors & Councilrnernbers RECEI ED Wednesday, November 29,2006 Nav - B 06 TOWN MANAGER Servino's Ristorante FFler TOWN OF TlBU ON 9 Main Street, Downtown Tiburon (Bringyour parking ticket from Hain Street lot- next to Tiouron Playhouse Theater- for validation) 6:00 P.M. Social Hour 6:45 P.M. Introductions 7:00 P.M. Business Meeting 7:30 P,M. Dinner Service 8:30 P.M. Speaker +++ A Joint Meeting of Marin's Cities, Schools and the County Presentation: Marin County Results of the 2006 Healthy Kids Survey Results of the Survey presented by WestEd Researcher Sean Slade +++ Menu Selection (Choose I) Maiale Farcito -(Boneless porl<. loin stuffed wlvegetable puree, herbs, and sun-dried tomatoes) Salmone -(Grilled fillet wlaTtichokes, served in a lemon & white wine reduction) (Vegetarian Entree available upon request) $45.00 per person includes appetizers, salad, entree, dessert, coffee RSVP Diane Crane lacop~ Town Clerk 435-7377 (By November 20,2006) G/VV~ ~ Please send Checks payable to the Town of Tiburon 1505 Tiburon Boulevard, Tiburon CA 94920 ~ (0 : (hrJt1J [dJ!i/C (,( Ii -f Otlr II bUJr ,. DIGEST RECEIVED November 06, 2006 NOV - 6 2006 Yoga 1 on 1 Pamela R. Schuyler- Cowens TOWN MANAGERS OFFICE 1610 Tiburon Blvd. TOWN OF TI8URON Suite 103 Tiburon, California 94920 415- 435- YOGA (9642) Bruce Mulder Belvedere- Tiburon Recreation Director 1505 Tiburon Blvd, Tiburon, California 94920 415- 435- 4355 Dear Bruce Mulder, I am the owner of ~a 1 on 1, a Yoga Studio located here in Tiburon, California. Prior to opening my yoga io I have had extensive training as a therapeutic yoga instructor, etc. Upon opening my studio I have substantial rent to pay. I have spent a &reat deal of money on the studio for cleanliness, flooring, and props for my dear stu ents. On May 28, 2003 the Tiburon Planning Commission expreSSed at the Public Hearidl that my conditional use permit" ~o; ~;~ :s::I~:":S~~~ ~~:f~~~:t ~~~: ~~( ifional ~:~:'~~::, ~~:~j;;i.'"' I. d "~~~o~~r ~t: ~~ ~at the prop~~ ~~e ~~ni~~ ~n~~ ~o =m~~~~~~.:i.'"t,.=~ S~..~~==:~'E"~~~:!. ~~~~~~~~ig~~~ ~~:~~~~:~~~~~;~~~::-~~~~~I~ ~~sc:r:~:-s::~ So here in the Tiburon Town Hall other yoga teachers can teach without payment for space use, with free advertising reachi~ the entire community of Belvedere and Tiburon, and also receive free parking for tea rl student use. The yoga programs have expanded to five days a week, even competing against hours that I teach at my yoga studio. You did not even have the courtesy to include me as an instructor in the Belvedere- Tiburon Recreation activities. According to Dana during my conversation with her on November 06, 2006, she said, "this is free enterprise and there is no reason to acknowledge me as a yoga teacher in your programs." This response and quantity of yoga classes impacts my business negatively. As I see it, you are breeching Tiburon Planning Commission Authority. I hope you will make acceptable reconciliation. Most Sincerely, far[g;C. amela R. Schuyler- Cowens .~ cc: Peggy Curran, Terra Sullivan, The Planning Commission '!. MINUTES NO. 941 PLANNING COMMISSION /)IG~ October 25, 2006 Regular Meeting 8]- Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL Chair Fraser called the meeting to order at 7:02 P.M. Present: Chair Fraser, Commissioners Collins, Kunzweiler and O'Donnell Absent: Commissioner Aguirre Staff Present: Community Development Planning Manager Watrous, Director of Public Works Nguyen and Minutes Clerk Hennessy ORAL COMMUNICATIONS None COMMISSION AND STAFF BRIEFING Planning Manager Dan Watrous introduced Minutes Clerk Hennessy. He noted that there were no items scheduled for the November 8, 2006 Planning Commission meeting. Commissioner Collins asked staff what the Town policy was regarding receiving late mail, and Mr. Watrous stated the Town Council is currently reviewing past policy and establishing new policy. Commissioner Collins asked if there was any information on the historical start time of 7:30 P.M. for Planning Commission meetings. Commissioner Fraser stated that the Parks & Open Space Commission had moved their meetings to 7:00 P.M. Mr. Watrous stated this has been the start time for at least ten years. The Commissioners asked that the item be agendized for the next meeting. PUBLIC HEARING 1. 2240 CENTRO EAST STREET: REVIEW OF CONDITIONAL USE PERMIT #10603 TO OPERATE A TEMPORARY CONSTRUCTION STAGING AREA ON A V ACATN LOT; Rolfe Eiselin, Owner; Maggiora & Ghilotti, Inc. Applicant; Assessor's Parcel No. 059-142-02. TIBURON PLANNING COMMISSION MINUTES OF OCTOBER 25, 2006 MINUTES # 941 Page 1 .~ Planning Manager Watrous reviewed the staff report. He stated that since the project was approved on appeal by the Town Council, the four major concerns expressed by the neighbors are dust, noise, traffic and safety issues, He noted that the site has been inspected on a regular basis by the Town's engineering inspectors, the Public Works staff and the Police Department. He stated that the contractor appears to be much closer to compliance with the conditions of approval of the use permit. He stated that Town staff continues to work with the neighbors and the Director of Public Works has recommended continued use of this site. Staff recommended that the Planning Commission take public testimony; close the public hearing and give direction to Staff regarding any potential amendments or other action to be taken regarding the subject conditional use permit. In response to Commissioner O'Donnell, Director of Public Works Nguyen stated that by the end of November the project should be 40% complete, Glen Ghilotti, Maggiora & Ghilotti, contractor for the undergrounding project, explained he does not store the larger vehicles at Blackie's Pasture because they would slow down traffic moving them along Tiburon Boulevard and impact traffic circulation, He stated that the water storage tank truck is used daily, but that this and other small trucks could be parked at Blackie' s Pasture. He reviewed the status of the project and stated they were I II, to 2 weeks ahead of schedule, and that undergrounding projects can proceed during rain storms, He stated that they do not grind or process material on the site. Rolf Eiselin, owner of the vacant lot at 2240 Centro East Street, stated that when he agreed for Maggiora & Ghilotti to use the lot for a central staging area he thought that he was doing a good deed for the town, but he has received complaints from neighbors and he appealed to the Commission to fmd a fair balance between the contractor and the neighbors. Chair Fraser opened the public hearing. Robert Ellsberg stated the contractor had promised to leave blackberry bushes at the end of the lot to help reduce noise and visual problems and had not. He also stated it is inaccurate that material is not being processed on site, adding that the workers are breaking large chunks of concrete into smaller pieces. He said that the lot has been filled in, with the height of the lot raised so water in front of the lot flows down and dirt and rock accumulate in front of his property along his rock wall. He complained about mud being tracked and dirt and dust everywhere. He noted that he is a strong supporter of the undergrounding project, but he opposed the affects of the staging area. He asked that the drainage be adjusted so it returns into the lot and not to his house and that the contractor power wash his house. In response to Commissioner O'Donnell, Mr. Ellsberg stated that he did not know whether the paving of the entrance to the lot would help with the water and dirt problem. TIBURON PLANNING COMMISSION MINUTES OF ocroBER 25. 2006 MINUTES 1# 941 Page 2 . Mr. Ellsberg stated that someone owed him to replace the red lava rock which has been washed away by the modified drainage. Milton Diaz took exception to the analysis in the staff report, He stated that the construction crews are noisy on arrival at 7:30 a.m. and at lunchtime and there is essentially no traffic management plan. Regarding the dust and fumes, he said that his wife is sick and vomiting from the fumes, possibly due to the pile of cold mix left uncovered. He stated that the Air Quality Management District (AQMD) verified three complaints but they require a dust plume be sustained for three minutes to issue a citation. He said that their house is hit with short durations of dust plumes many times a day, which is causing health problems for him and his wife. Mr. Diaz reported that a large service truck parks in front of their house to service the equipment every week, idling loudly and often blocking their mail box. He noted that children play on the dirt piles on the lot at night. Mr. Diaz said the work in their neighborhood is almost complete and asked the Planning Commission to rescind the use permit and stop the abuse of his family. He stated that he never thought the Town would callously ignore the unreasonable burden put on a small group of its citizens in a false and misguided pursuit of a purported greater good. He felt that the use permit no longer serves the Town in the manner it was purported to and that it dumps all of the burden on their shoulders, He said that he has engaged an attorney to review their options and remedies regarding the continued use of this lot and the impact it is having on their daily life and health, including testing for toxicity of the piles of dirt and asphalt grindings that are being stored on this lot and are blowing into their house. He said that he preferred not to go down this path and hoped that all ofthis could be avoided. Commissioner O'Donnell said it would be appreciated if Mr. Diaz had practical solutions and suggestions that would be appropriate to mitigate the problems. Mr, Diaz stated that the staging area places an enormous burden on the neighbors and he felt that the contractor could do a better job. He stated that it has taken too long for reasonable compliance with the conditions of approval. He characterized the project as too big, with too much equipment and too much dust in a residential neighborhood. He suggested spreading out the project and possibly moving the bulldozers to another location. In response to questions, he stated that dump trucks once or twice a day move dirt on the lot for about 30 minutes. In response to the Chair, Mr. Diaz stated that the major issue is dirt and its impact on their lives. He added that the noise makes it impossible to think and the odor from the fumes is intolerable. There was a brief discussion regarding the AQMD complaint procedures. In response to Commissioner Kunzweiler, Mr. Diaz stated that they are concerned with the possible toxicity but have been unable to fmd a governmental agency that does soil testing on the dust problem. TIOURON PLANNING COMMISSION MINUTES OF ocrOBER 25, 2006 MINUTES # 941 Page 3 Director of Pubic Works Nguyen stated the staff has worked incessantly with the contractor on these issues. He sympathized with the neighbors' situation and said that the Town is trying to mitigate dust, noise and odors. He noted that construction of this magnitude will continue to generate these issues for homes nearby, Les Hembree stated most of the neighbors are home during the day. He said that Mr. Diaz has not exaggerated the problems. He said that the noise from breaking concrete sounds like rifle shots. He asked that the staging area be alternated with other sites and suggested moving sand and gravel to another area, Linda Tripp agreed that noise and dust are problems, and noted that she is also home most ofthe time. She specifically addressed noise of the scraper used on Fridays which is tremendous. She said that she has seen plumes of dust go 30 feet up and asked that the scrapper go slower to reduce plumes of dust which leave the taste of grit in her mouth. She asked how other people who are part of this project on Paradise Drive can just refuse to have a staging area and asked for something to be done to share the burden of this project. Masahiro and Yasuko Murata stated that dust from the staging area has been worse than expected. They asked if the contractor could haul dirt directly off the site instead of placing it on the lot. They believed that the staging area should be placed somewhere else. Dolores Davis stated that the contractor has been breaking concrete is 15 feet away from her house. She was unsure whether the staging area was needed anymore, as she thought the approval of this site would make the process go faster, She noted that most of the pieces of equipment on the site do not get moved, and she questioned why this equipment could not be moved elsewhere or parked closer to the work sites. She stated that the dirt pile is massive and asked if the dirt could be placed directly onto trucks and taken out of town. David Odom stated that water runoff from the site is incredible. He feared that massive amounts of storm water will come through his house with the next storm, Brenda Hunsinger reiterated concerns previously expressed regarding noise, including verbal communication between workers which is not the best language for her toddlers to hear. She characterized the site as a visual eyesore, with lots of stuff parked there all the time. Glen Ghilotti responded to comments. He stated that the street sweeper creates dust problems and he would talk to his crew to try to minimize them. He said that the swale at the front of the site can be modified to improve drainage. He stated that the loud noise the neighbors hear may be from trucks dropping material, when the tailgates swing back TIBURON PLANNING COMMISSION MINUTES OF OCTOBER 25, 2006 MINUTES #I 941 Page 4 creating the banging noise. He said that they separate materials on the site for recycling, but are not breaking up concrete. In response to questions, he stated that he spends about an hour on tl1e site three or four times a week. In response to Commissioner O'Donnell, Mr. Ghilotti stated that different pieces of equipment are used for different construction situations, and that it was difficult to find good spots to park tl1e equipment along the road. Mr. Ghilotti also explained that there was a clause in the contract to allow for extended hours of operations in order to shorten the timeframe for the overall project, however, the Town elected not to allow them to work before 8 A.M. and after S P.M. Director of Public Works Nguyen confirmed this. Commissioner O'Donnell asked what suggestions the contractor had beyond common courtesy to help control dust and noise. Mr. Ghilotti responded that he could not control the moisture content of soil, and with the upcoming rainy season the moisture content would reduce dust problems. He said that he would meet with the superintendent and crew tomorrow to discuss water runoff issues, but stressed that this was a tough project. He said if they were not using the lot, they would have to stage equipment on the street; they have tried to get another staging area and have been unable to do so. Commissioner Collins asked if Maggiora & Ghilotti had a lease for the staging area lot when the contract for the project was signed. When Mr. Ghilotti stated that they did not have such a lease, Commissioner Collins asked how the project equipment and materials were to be stored. Mr. Ghilotti replied that there would be more truck trips and material and equipment stored on the streets, but he stressed that they had planned to fmd an appropriate staging area location. Commissioner Collins asked if it was possible to move dirt directly onto the trucks and out of town. Mr. Ghilotti responded that that would be more costly and result in more vehicles on the road. Commissioner Kunzweiler asked if Maggiora & Ghilotti would still function under their contract if the staging area were closed. Mr. Ghilotli responded that they would have to figure where to put the dirt, likely hauling it into town. Director of Public Works Nguyen stated that staff had gone through an exhaustive process oflooking for possible staging area sites. Commissioner Kunzweiler asked if the Town has a contractual obligation to provide a staging area for this project. Director of Public Works Nguyen stated that the only contractual obligation for the Town was the use of the Blackie' s Pasture overflow parking lot, but that other possible staging area sites were suggested in the contract. He stated he was unsure whether it was a viable option to look at areas along the side of the road where some items might be stockpiled, Chair Fraser stated that when the contract was signed, the lot at Blackie' s Pasture was certain, but no other lot was assured. He asked what advantages the staging area provides for the contractor. Mr. Ghilotli stated that with the staging area they would not block streets with equipment and not have to pick up dirt twice. He added that they had bent TIBURON PLANNING COMMISSION MINUTES OF OCTOBER 25, 2006 MINUTES # 941 Page 5 over backward for this lot and felt there would have been more complaints if the equipment had been parked on the street. The Chair closed the public hearing. Commissioner O'Donnell saw three choices for the Commission, i.e., (1) close the staging area; (2) allow the staging area to continue to operate, or (3) continue to operate with additional conditions. Regarding traffic and safety he commended the contractor for doing a good job and keeping the streets clean throughout the undergrounding district. If the Commission were to approve continued use of the site, he would advocate modifying some of the conditions for dust control and noise, He would also regrade the site to minimize water runoff, to be verified by the Town Engineer. He thought that a temporary wall or barrier 12 feet high could be erected around the site to visually shield the lot. He suggested if the contractor is allowed to continue to use this site he should do a power wash of every property adjacent to the site immediately and after the job is done, He said that the contractor should explore the possibility of removing some equipment from the site and lessening the intensity of use of the site. Commissioner Kunzweiler stated that the Commission can make suggestions for improvements, but the fundamental question is whether this staging area is contractually obligated, He noted that sound, dirt and mud are a nuisance, but health issues are beyond what was reasonably expected for this project. If the project is contractually required, the Town has to live with it; if not, he felt that the Commission has to take a hard look at whether to keep it. He said that the Town cannot have people coming in talking about serious health issues from a project. Director of Public Works Nguyen stated that the contractor does not have a contractual right to use this lot, only the overflow lot at Blackie's Pasture. He stated that it was helpful to have the staging area, as it is his responsibility to build this project. Chair Fraser stated that dirt, noise and odors are the main issues that may result in health problems, He felt that the project, that is, the current mitigation measures, has not improved the neighborhood condition. He suggested that staff get together with the contractor and work out an acceptable mitigation plan and report at the next meeting, with the goal being to adopt a plan that will mitigate the identified issues.. Commissioner Kunzweiler added that drainage issues should be addressed also, He hoped to see if material progress can be made on these areas; if the issues cannot be sufficiently solved, he felt that the Commission may have to look at other options. Commissioner Collins suggested that some vehicles can be moved during the day, with the dirt moved elsewhere. He acknowledged that this is a very tough job, but that there are people around the site that must be protected. TIBURON PLANNING COMMISSION MINUTES OF OCTOBER 25, 2006 MINUTES # 941 Page 6 Chair Fraser asked the Director of Public Works to take the lead in meeting with the contactor and the neighbors. MIS Kunzweiler/O'Donnell (passed 4-0) to continue this item to the November 8 meeting, with direction to the Director of Public Works to be the leader of a group of neighbors, contractor and Town staff to explore all alternatives and report back to the Commission. MINUTES 2. Planning Commission Minutes of September 27, 2006 Pages 3, last line, insert "inquired as to whether this might enable the securing of funding" and delete "that this should make securing of funding easier." Page 4, 6th paragraph, second sentence should read: "He asked about the timeframe for construction of the affordable units assigned to the Town." MIS Kunzweiler/Collins (passed 3-0-1, O'Donnell abstained) to approve the minutes of the September 27,2006 meeting as corrected. ADJOURNMENT The meeting was adjourned at 9:S0 P.M. TIM FRASER, CHAIRMAN ATTEST: DANIELM. WATROUS, SECRETARY TlBVRON PLANNING COMMISSION MINUTES OF OCTOBER 25, 2006 MINUfES # 941 Page 7 eo. TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Action Minutes - Regular Meeting November 8, 2006 - 7:30 PM ACTION MINUTES /)/~8" CALL TO ORDER AND ROLL CALL Chairman Fraser, Vice Chairman Aguirre, Commissioner Collins, Commissioner Kunzweiler, Commissioner O'Donnell All Present 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. 2240 CENTRO EAST STREET: REVIEW OF CONDITIONAL USE PERMIT #10603 TO OPERATE A TEMPORARY CONSTRUCTION STAGING AREA ON A VACANT LOT; Rolfe Eiselin, Owner; Maggiora & Ghilotti, Inc" Applicant; Assessor's Parcel No. 059-142-02 Amend Conditional Use Permit to Add Conditions of Aooroval and Cease Use bv 12/15/06 (Aooroved 5-0) DISCUSSION ITEMS 2. Discuss Possibility of Changing Planning Commission Meeting Time Discussion Held; No Chanae in Meetina Time 3. Cancellation of November 22, December 13 and December 27 Planning Commission Meetings Meetinas Canceled 4\ Action Minutes - Planning Commission Meeting November 8, , 2006 MINUTES 4. Planning Commission Minutes - Regular Meeting of October 25, 2006 AlJlJroved as Amended 4-0-1 ADJOURNMENT 8:20 PM -~._- "---.-- II. DESIGN REVIEW BOARD /JIGS; AGENDA Sr TOWN OF TffiURON DATE: 11116/06 1505 TmURON BOULEVARD MEETING TIME 7:00 P.M. TIBURON, CA 94920 AGENDA NO.: #20 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 must first 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 Bird, BOlU'dmembers Beales, Doyle, Fryrnier and Teiser B, PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD 1. 35 Hacienda Drive Peterson Additions/V ariances/Floor Area Exception WITHDRAWN 2. 955 Owlswood Lane Cruz New DwellinglFloor Area Exception E. NEW BUSINESS BEFORE THE BOARD 3, S Rolling Hills Road West. Lia. Ins, Additions F. APPROVAL OF MINUTES #19 OF THE 11/2/06 DESIGN REVIEW BOARD MEETING G. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER" ". NOTICE OF MEETING CANCELLA TION ~Q THE REGULAR ~~ PLANNING COMMISSION MEETINGS SCHEDULED FOR WEDNESDAY, NOVEMBER 22,2006 WEDNESDAY, DECEMBER 13, 2006 WEDNESDAY, DECEMBER 27,2006 HAVE BEEN CANCELLED. THE NEXT MEETING OF THE PLANNING COMMISSION WILL BE THE REGULARL Y SCHEDULED MEETING ON WEDNESDAY, JANUARY 10, 2007 SCOTT ANDERSON, SECRETARY