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Home My WebLink AboutTC Agd Pkt 2007-03-21 TOWN OF TIBURON Tihuron Town Hall 1505 Tihuron Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Town Council March 21, 2007 7:30 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION (6:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LlTIGA TION (Section 54956.9( a)) County of Marin v. Martha Company CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8) Property: Portion of AP No. 058-171-62; Behind I50! Tiburon Boulevard Agency Negotiators: Alice Fredericks and J elf Slavitz Negotiating Parties: Town of Tiburon and Belvedere- Tiburon library Under Negotiation: Price and Terms of Payment INTERVIEWS (6:55 p.m.) Design Review Board - two vacancies Heritage &: Arts Commission - one vacancy l. John Corcoran, 5 Janet Way (Applicant for Design Review Board) 2. Maxine Rice, Il4 Avenida Miraflores (Applicant for Heritage &: Arts Commission) 3. John Sanford, 60 Pine T ertace (Applicant for Heritage &: Arts Commission) CALL TO ORDER AND ROLL CALL Councilmember Fredericks, Councilmember Berger, Councilmember Smith, Vice Mayor Slavitz, Mayor Gram CLOSED SESSION ANNOUNCEMENT ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note howevet, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Boatd, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION 1. Introduction and Swearing in of New Chief of Police - (Mayor Gram 1'0: Town Clerk) Michael J. Cronin 2. Recognition of Outgoing Board or Commission Members - (Mayor Gram) Diane Smith, Heritage 1'0: Arts Commission Elizabeth Bird, Design Review Board Kirk Beales, Design Review Board CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - February 21, 2007 (transcript of meeting) 2. Town Council Minutes - March 7, 2007 3. Notice of Completion - Adopt Resolution Accepting Fountain Plaza Improvements as Complete (Director of Public Works/Town Engineer Nguyen) 4. Fair Housing Month - Recommendation by Fair Housing of Marin to Proclaim April 2007 as Fair Housing Month in the Town of Tiburon S. Rabin/SODA Project - Approve Services Agreement for Contract Planner (Director of Community Development Anderson) 6. Robert L Kleinert Day - Adopt Declaration proclaiming March IS, 2007 as Robert L. Kleinert Day ACTION ITEMS 1. Appointments to Town Boards, Commissions &: Committees - (Town Clerk Crane Iacopi) a) Appointments to Fill Current Vacancies on Design Review Board b) Appointment to fill Current Vacancy on Heritage & Arts Commission 2. Annual General Plan Implementation Status Report - Recommendation to Hear Comments On and Accept Status Report (Director of Community Development Anderson) 3. Multi-Use Path - Request of John Sanford to address Town Council regarding anticipated widening of the Multi-Use Path in connection with the MMWD Fire Flow Replacement Project TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - Match 9, 2007 . Town Council Weekly Digest - March 16, 2007 ADJOURNMENT - in Memory of Robert L Kleinert, Tiburon Town Manager, 1973-2000 GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reporrs and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing( s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. Town ofTiburon . ] 505 Tiburon Boulevard. Tiburon, CA 94920 . P. 415.435.7373 F. 415.435.2438 . www.ci.tiburon.ca.us Office ofTiburon Town Clerk/415.435.7377 March 14, 2007 Mr. John Corcoran 5 Janet Way, No. 20 Tiburon, CA 94920 SUBJECT: TOWN COUNCIL INTERVIEW - DESIGN REVIEW BOARD Dear John: This will confirm your interview with the Tiburon Town Council on Wednesday, March 21, 2007 at 6:55 p.m. (please note earlier start time) regarding a vacancy on the Design Review Board. The interview will take place in the Town Hall Conference Room, directly in back of the Council Chambers, and will last approximately 10 minutes. The interview format is informal; you need not bring anything with you. Thank you for your interest in serving the Tiburon community, and if you have any questions, please do not hesitate to call. Very truly yours, ~~~. Diane Crane lacopi Town Clerk cc: Town Manager Curran !OD\ l DIGEST ""-C' 'i, -.,,, \' I t,1 I", j i; r,',' I r,,', :" :; fr' " It}" j J ~=~_'I"__,,_i h ED, ,! I --.- ~~~---~ TOWN CLERK TOWN OF TlBURON Instructions and Application to Serve on a Town Board. Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas ofinterest and special skills or experience which would be beneficial to the Town, by completing both pages ofthis form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) #1 PLANNING #2 PARKS & OPEN SPACE #3 DESIGN REVIEW #4 RECREATION #6 HERITAGE & ARTS #5 DISASTER PREPAREDNESS #7 LIBRARY #9 MARIN COMMISSION ON AGING #8 BICYCLEIPEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: John Corcoran MAILING ADDRESS: 5 Janet Way no TELEPHONE: Home: 415 3885818 Work: 415 2508131 Fax No. <# Here> PROPERTY OWNERS' ASSOC. (IfappUcable) <Enter Here> TIBURON RESIDENT: (Years)3 1/2 DATE SUBMITTED: 11/28/2006 REASONS FOR SELECTING YOUR AREAS OF INTEREST I have always had an interest in residential architecture and real estate. I have enjoyed investing in real estate, and I appreciate open space and parks. Most of all, I love the Town of Tiburon and would like to give back. APPLICABLE QUALIFICATIONS AND EXPERIENCE I have a variety of experience working in government. I was a Writer in Presidential Letters and Messages at the White House from 1999-2000. I was a Speechwriter and Press Aide from 2000-2003 for Gov. Gray Davis in Sacramento and San Francisco. I also served as a Senior Advisor to Chairwoman (now State Senator) Carole Migden at the Board of Equalization from 2003-2004. In each of these positions, I have tackled a wide variety of issues, from education to housing to the environment. Also, see attached resume. Town Hall Use i '). -'f- d (, Date Application Received: Interview Date: Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: 2 JOHN H. CORCORAN 5 Janet Way, No. 20 Tiburon, CA 94920 Cell: (415) 250-8131 Home: (415) 388-5818 johncorcoran@gmail.com EDUCATION University of San Francisco School of Law, San Francisco, CA Juris Doctor Candidate, May 2007 . Law Review, Staff Member 2005-2007 . Moot Court Honors Program, Case Counsel, 2005-2006 . CALI Award for excellence in Legm Ethics . Two-time recipient of ZiefScholarship for contributions to law school community . Organizer of first-ever Public Interest Law Fonndation Donate-A-Day Reception, which raised nearly $7,000 to support students working in nnpaid public interest summer jobs, July 2006 . Quarterfinalist, Advocate of the Year Program, Fall 2005 . Organized on campus speech by California Attorney General Bill Lockyer, March 2005, for Criminal Law Society. University of California, Santa Barbara, Santa Barbara, CA Bachelor of Arts, English, March 1998 UCDC Program, University of California. Washington D.C. Center, Washington, D.C., Fall 1997 ExPERIENCE REED SMITH, LLP, SAN FRANCISCO OFFICE Summer hsociate MC!J 2006 - August 2006 . Researched and wrote memoranda regarding procedural and substantive legal issues for various practice groups including real estate, intellectual property, environmental law, and commercial litigation. . Wrote an "Action Alert" news brief updating clients about pending legislation. OFFICE OF THE CITY ATTORNEY OF SAN FRANCISCO, LITIGATION DEPARTMENT UJw Clerk Jufy 2005 - November 2005 . Researched California case law and civil codes and wrote memoranda for Deputy City Attorneys. Drafted Motion to Compel Witness Testimony. . Provided assistance with deposition transcripts and witness scheduling during ttial of city worker charged with negligence. OFFICE OF CHAIRWOMAN CAROLE MIGDEN, CALIFORNIA BOARD OF EQUALIZATION Senior Advisor fOr Communications NOVllmber 2003 - August 2004 . Advised Chairwoman and directed media strategy for the California Board of Equalization. OFFICE OF GoVERNOR GRAY DAVIS Speecbwriter & Pross Liaison December 2000 - November 2003 . Wrote speeches and contributed to communications strategy. Projects included bill signing ceremony speeches, opinion articles, State of the State address and Congressional testimony. THE WHITE HOUSE, OFFICE OF PRESIDENTIAL LETTERS AND MESSAGES Writer June 1999 - December 2000 . Wrote President Clinton's correspondence, Presidential proclamations, medal inscriptions and special messages for publication and national distribution. DREAMWoRKS SKG Executive Assistant Universal City, CA January-Apri! 1999 THE WHITE HOUSE, OFFICE OF PRESIDENTIAL SPEECHWRITING Intern August 1997-December 1997 . Assisted with the research, writing and editing of more than 50 speeches for President Clinton. Town ofTIburon. 15051iburon Boulevard .TIburon, CA 94920. P. 415.435.7373 F. 415.435.2438. www.ci.tiburon.ca.us Office ofTiburon Town Clerk! 415.435.7377 March 14, 2007 Ms. Maxine Haiden Rice 114 Avenida Miraflores Tiburon, CA 94920 SUBJECT: TOWN COUNCIL INTERVIEW - HERITAGE & ARTS COMMISSION Dear Maxine: This will confirm your interview with the Tiburon Town Council on Wednesday, March 21, 2007 at 7:05 p.m. regarding a vacancy on the Heritage & Arts Commission. The interview will take place in the Town Hall Conference Room, directly in back of the Council Chambers, and will last approximately 10 minutes. The interview format is informal; you need not bring anything with you. Thank you for your interest in serving the Tiburon community, and if you have any questions, please do not hesitate to call. 71iIh Diane Crane lacopi Town Clerk cc: Town Manager Curran TOWN OF TIBURON COMMISSION. BOARD & COMMITTEE APPLICATION The Town Council considers appointments to various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. The application form can also be found on the Town's website, www.cLtiburon.ca.us. Copies of the application will be forwarded to the Town Council and .an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. I lEVli /1/ '/ . / .opt. Diane Crane Iacopi Town Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * AREAS OF INTEREST Please Indicate Your Area(l) of Inter..t iu Numerical Order (#1 Beiug tbe Greatest Interest) PLANNING PARKS & OPEN SPACE DESIGN REVIEW IT. RECREATION COMMITTEE I HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING BICYCLEIPEDESTRIAN ADVISORY COMMITTEE fD) ~~~~W~ ~ ~ FEB 2 6 Z007 10 1 T.OWN CLERK TDWN OF :r~BIJRON PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters. if necessary. NAME: Marlene Halden Rice Street & Mailing ADDRESS: 114 A venida Miraflores. Tiburon 94920 e-mail =wingedo@aol.com TELEPHONE: Home: 415.435.2665 Work: PROPERTY OWNERS' ASSOC. (If applicable) Fax No. 415.435.3374 Del Mar TmURON RESIDENT: (Years) 40 DATE SUBMITTED: 2/22/07 REASONS FOR SELECTING YOUR AREAS OF INTEREST SEE ATTACHED [ATTACH ADDITIONAL PAGES. IF NECESSARYl APPLICABLE OUALIFICATIONS AND EXPERIENCE SEE ATTACHED [ATTACH ADDmONAL PAGES. IF NECESSARYl ~~ ------------------------------------------Town Hall Use----------------------------------------- TOWN CLERK TOWN OF T1BURON Date Application Received: Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: (Date) Length of Term: "i S:dcrane:comm.app (4/05) Marlene Halden Rice 114 Avenida Miraflores Tiburon. CA 94920 415/435-2665 Town of Tiburon -- Commission. Board & Committee Application Reasons for Selectina My Area of Interest I am a lono time resident (nearly 40 years) of Tiburon and have alwavs been interested in the history of the area and the manner in which our town has developed and grown. Tiburon's unique history and character is important to me as I feel those of us who love Tiburon have a responsibility to ensure that newer residents develop an awareness of the "whys" and "wherefores" of decisions made to preserve its character. When mv familv and I first moved to Tiburon. we lived on Raccoon Lane and many of our elderly neighbors had worked for the railroad. We overlooked the railroad yard with its old yellowing buildings (remember Pandemonium?) and the railroad pier. Eventually, "prooress" come to Tiburon with the removal of the trestle at Trestle Glen. the demolition of the railroad yard and, gradually, new buildings and the ultimate sign of growth and progress... Traffic Lights on Tiburon Boulevard! Along with many other vouno mothers. I participated in the movement to convert the railwav rioht-of-wav to a multi-purpose pathway and celebrated the event with decorated bicycles in the parade when the pathway was completed and dedicated. My son, Peter, attended Belvedere Nurserv School (Mrs. Rvall). was a member of the last Kinderoarten class at the old Tiburon School (Annalies Pesl), and the last First Grade Class (Doris Hunker) at R..lv..rl..r.. !=:,.,hnnl Applicable Qualifications and Experience I eniov the historv of Tiburon's past. but would appreciate the opportunity to be part of the future of the Town with regard to celebrating its Heritage and Arts. I am a longtime member of the S.F. Museum Society (initially in the program to be a docent for the Asian Art collection). a member of the Landmarks Society and currentlv a docent for the Landmarks Art and Garden Center. In addition, I serve on the Board of the Del Mar Homeowners Association. Past associations include the Marin Art & Garden Center (Pixie Plavoround). Marin Child Development Center, Board member of Crittenton Services and President of the S.F. Auxiliary of Crittenton Services in San Francisco I'm a native of Chicaoo. a oraduate of the University of Arizona. and tauoht primarv school in Tucson prior to my marriage and move to Tiburon. After our son started school, I briefly worked as office manager for a social service agency in San Francisco, office coordinator (5 offices in California and Oreoon) for a manaoement consultant in Tiburon, and as VP for a small real estate development firm in Marin. I then joined Arthur Andersen & Co. in San Francisco (later Andersen LLP) and retired in 2000 from mv position as Operations Manaoer for a specialty consultino division. I'm currentlv a member of the Tiburon Peninsula Club and The Centurv Club in San Francisco. Town ofTiburon . 1505 Tibucon Boulevard' Tibucon, CA 94920 . P. 4] 5.435.7373 E 415.435.2438 . www.ci.tiburon.ca.ll. Office ofTiburon Town Clerk/415.435.7377 March 14, 2007 Mr. John Sanford 60 Pine Terrace Tiburon, CA 94920 SUBJECT; TOWN COUNCIL INTERVIEW - HERITAGE & ARTS COMMISSION Dear John: This will confirm your interview with the Tiburon Town Council on Wednesday, March 21, 2007 at 7:15 p.m. regarding a vacancy on the Heritage & Arts Commission. The interview will take place in the Town Hall Conference Room, directly in back of the Council Chambers, and will last approximately 10 minutes. The interview format is informal; you need not bring anything with you. Thank you for your interest in serving the Tiburon community, and if you have any questions, please do not hesitate to call. i)/dLfi~ Diane Crane lacopi Town Clerk cc: Town Manager Curran .- . I es: Of 11lJ ..... :/"'., "~OZ '~.0~' ('\.^-~~'It ~~,%~l?;:~o.'O '~~... .~ O<?^,-;;--~(.. ~. , . -. TOWN OF TIBURON COMMISSION. BOARD & COMMITTEE APPLICATION The Town Council considers appointments to various Town commissI~ns, boards and committees throughout the year due to term expirations and unfor~een vacancies. In an effort to broaden participation by local residents in TibuJ!l>n's' governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas ofinterest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. The application form can also be found on the Town's website, www.ci.tiburon.ca.us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Y our application~ill remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. '7(;~ i.. ' / / (/";, ~tj1t' Diane Crane Iacopi Town Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ***i* I AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING '5 PARKS & OPEN SPACE DESIGN REVIEW JT. RECREATION COMMITTEE J HERITAGE & ARTS DISASTER PREPAREDNESS "f. LIBRARY MARIN COMMISSION ON AGING yo BICYCLEIPEDESTRIAN ADVISORY COMMITTEE ~ ~E~ ~ ~ ~oo~@ 1 IDWN CLERK 'IOWN OF TIBURON PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including reswnes and cover letters, if necessary. NAME: Street & Mailing ADDRESS: e-mail = TELEPHONE: Home: Work: Fax No. PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) DATE SUBMITTED: REASONS FOR SELECTING YOUR AREAS OF INTEREST [ATTACH ADDITIONAL PAGES, IF NECESSARY] APPLICABLE OUALIFICATIONS AND EXPERIENCE [ATTACH ADDITIONAL PAGES, IF NECESSARY] -------------------Town Hall Use Date Application Received: 2. - 2() -() 7- Interview Date: Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: S:dcrane:comm.app (4/05) 2 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: Street & Mailing ADDRESS: e-mail = TELEPHONE: Home: Work: Fax No. PROPERTY OWNERS' ASSOC. (Ifappli.able) TlBURON RESIDENT: (Years) DATE SUBMITTED: REASONS FOR SELECTING YOUR AREAS OF INTEREST [ATTACH ADDITIONAL PAGES, IF NECESSARY] APPLICABLE OUALIFICATIONS AND EXPERIENCE r A TT ACH ADDITIONAL PAGES, IF NECESSARY] --- Town Hall Use ----- ---------- Date Application Received: 2. ~ 2.() -Or- Interview Date: Appointed to: (Commission, Board or Committee) Date Term Expires: (Date) Length of Term: S:dcrane:comm.app (4/05) 2 Personal Data Name: John E. Sanford Street: 60 Pine Terrace, Tiburon, CA 94920 e-mail: iesanford7@aol.com Tel: Home: 415-435-2139 Work: same Fax: none Cell: 415-509-2139 Property Owners Association: Del Mar Tiburon Resident: 46 years Date Submitted: February 17,2007 Reasons for selecting your areas of interest: 1. Heritage and Arts: As a long-term resident of this town I have a strong interest in its vanishing heritage. As a person with a strong interest in the arts from my academic studies, from my family heritage of a mother as a sculptures, my grandmother as a painter and my great-grandmother as a painter. My first wife, of twenty-five years, was a painter. I have been a member of the Landmarks Society for years and helped fund several of their projects. 2. Bicycle/Pedestrian Advisory Committee As a long-term user of the recreational facilities ofTiburon,] have a strong background in both walking and biking the multi-use path and the Tiburon Waterfront Park. We must protect. their beauty and enhance their safety. 3. Parks and Open Space My comments under #2 apply equally to #3. ] have brought up three children in Tiburon and now am grandfather to one Tiburon resident and to four other grandchildren who visit here frequently. All of those young people actively use the Parks and Open Space that I am dedicated to preserving and enhancing in sensitive ways. 4. Library I have been a supporter and user of the library back to the days when it was located where the Post Office is now. I am a writer and a reader. We are fortunate to have such a beautiful and well-run facility. I support its expansIOn. John E. Sanford 60 Pine Terrace Tiburon, CA 94920 415-435-2139 CUITent Community Activities no February 17,2007 Founder and publisher of the Waterfront Dog Walkers and Dogs List Guide Dogs for the Blind: Volunteer Driver The Landmarks Society: Life Time Member, Stanchion Society Member Tiburon Peninsula Chamber of Commerce: Member Del Mar Property Owners: Member San Francisco Yacht Club: Membcr, Race Committee Volunteer, Race Committee_Boat Driver, Co-owner and Co-skipper of Jl 05, "Alchemy." Former Chai1111an Cruise Committee, f01111er Member of New Members Committee, Finance Committee and House Committee. Cruising Club of America: Historian for San Francisco Chapter. Former Cruising Club News editor, f01111er member of Communications and Awards Committee, Former Rear Commodore, San Francisco Station. Stepping out to Celebrate Life: Volunteer Model, September 2006 Fashion with Compassion: Volunteer Model, March 2006 Yale Club of San Francisco: Member El11est Hemingway Foundation of Oak Park, Honorary Director Hemingway Society: Member, former Director Michigan Hemingway Society: Member Sierra Club: Member since 1955 Fine Arts Museum of San Francisco: Member Past Community Activities Seafirth Property Owners Association, President, Treasurer Pine Terrace Property Owners Association: Secretary Corinthian Yacht Club: Member, Treasurer Harbor Corporation Marin Suicide Prevention Center: Volunteer Center for Attitudinal Healing: Director, Chairman of Personnel Committee Community Congregational Church: Treasurer Sausalito Yacht Club: Treasurer Rotary of Tiburon-Belvedere: Member, Lunch Speaker Kiwanis Club of San Rafael: Member Audubon Society: Bayshore Studies Docent PERSONAL HISTORY ..~ "''\ JOHN j:Il\10NDS SANFORD 1'0 841~ ~~ Tiburon, California 94920 (415) 473.>""::'2./3'1 PERSONAL DATA Age: 7. (December 27, 1930)~/r; /I4./c..rl r- .1 EDUCATIONAL BACKQ\OUND University of Michigan (Finance Major) Graduate School BUsiness Administration Ann Arbor, Michigan 1954 Bachelor of Arts Degree (English Major) Yale University New Haven, Connecticut ;:,uG- ~ courses completed with San Francisco Chapter of the American Institute of Banking /-1"'1'+--1953 ;::v..,....'4:..,CNT.ql.-S C.'i~ S,,"N<<'fo4..lv' .2, {:->~Q's..:'''''~~ ,..,,)AyN'IS,-I(~r.o,.... ~. 1v':::6-,.''',A.~;...r: /..u:;;,;rr.-'.,?--.;.<<.If7.vTS "", <..".,,,, ",,,,,.-AC 1955 -1968 ""''' IN rcc< ^'A-v'-'."....'A.'- r--S..~(~_J- '. .,. One course completed (Real Estate Finance) College of Marin Kentfield, California r, -~, ;z ~ courses completed University of California Extension San Francisco, California /, '~<--.~....D e.-'....'.TIL".;;. :;, C RC^"v, 'T r 3, J..1C':"-'fC..,. ''- c.'~,- ....'7-,-- .::.._c~ ...., J""PA:"""'tc,,:C C............7.....-..~C , Two courses completed San Francisco Institute of Art San Francisco, California National Credit Office Correspondence Course completed Analyzing Financial Statements New York, New York United States Chamber of Commerce Action 'ourse in Practical Politics San Rafael, California Personal Histo,y Page 2 ~" In-ba'tk courses on: Job Instructor Training Letter Writing Recruiting and Training New Employees New Business Real Estate Loans High Potential Employee Program Management Practices Seminar American Management Association Courses: DeveloPing Leadership Skills . New Supervisor Orientation Computer jI.ssisted Instruction Institute MANA 6e>I .../-""7' fl>. C'I-:~,iiCc.. or " ...~ ";.;, ORGANIZATIONS AND -ASSOCIATIONS John E. Sanford /'i ';)9> l"t"-,:> 1'1G.::2-. 1964 1965 1966 1966 1968 1968 1968 I C(b'Y American Society of Training Directors 1968 - (attended National Convention, New York, New York) ( National Institute of Credit, San Francisco President Vice President Treasurer Tiburon Peninsula Advisory Committee (Chairman, Waterfront Sub-committee) Tiburon Citizens Planning Committee (Coordinator--3 Sub-committees) Chairman, Seafirth Area Tiburon City Councilmen Elections: Chapter 1962-1963 1961-1962 1960-1961 1966-1967 1966 Leo Souza (e1ected--1964) Thomas Drohan (e1ected--1966) Dennis Rice (e1ected--1968) Reed Union School Bo~d-E1ectlon (passed--1967) Tiburon City Incorporation Election (passed--1964) Seafirth Corporation (~t<;~~1Jpasurer - - 2 tenns) I' The Guardsmen (C6-chairman of the day camp committee) Marin Symphony (On Board of Directors) 1<IW.-Io.-J.JlS Ch'-'15 ,-')(> ~-A....... ::'?^F".\Ei- j4~~ti~ 5",'P C-4.1~~^"I, rrF:r .f.!...o ~)e:. 0 Cc.~ ~v,..4(, 7TZ-.:':: 1961, 1962 I "l'~.,' ..- /y~ '( /o/7~'.-I"J"'SO 1960-1963 1965 19". C<- ,',; Personal History Page 3 John E, Sanford Partisan Political Activities: Nixon for President--Precinct Worker John Busterud for Assembly--Precinct Worker 1960 1958 (elected) United Crusade--outside campaign worker--numerous drives. Volunteers for Better Government ~ember of Board of Directors) Active in San Francisco Supervisor Campaigns of: ~arold Dobbs, Clarissa, Mc Mahon, John J, Ferdon (all elected) Sunset Heights Improvement Club 1966-1967 Sunset Merchants Association Vice President Treasurer 1967 1966 International Hospitality Center--member since 1961-- actively entertaining a total of 46 foreign vis tors at his own home from: Tanzania, Denmark, Botswana, Hong Kong, Lesotho, Ceylon, South Africa, Saudi Arabia, Japan, India, New Zealand, France, British West Indies, Mexico, Great Britain, Philippines, Venezuela, Upper Volta, Southern Rhodesia, and Dahomey - Pc"",,",,!). "<U~l"'''', " ~)"""ir2~r.z~,C\, LL;i...o.'I'\B "'\ ~ Yale Alumni Association of Northern California Chairman, Yale-Princeton Football Party Treasurer, Yale-Harvard Field Day Treasurer, Changing Society Panel 1968 Keynote Speaker, Class of 1953--West Coast 1968 Rellilion Sierra C1ub--Member since 1955 Sausalito Yacht Club--Member Slnce 1956 Treasurer C-Cl,..;..,,~rR V~/;?l"" <::r:<G.,',/ 1967-1968 11:17 of Blood 1955-1968 Irwin Memorial Blood Bank--Donor 12 pints Polio Inoculation Drives--1965 Marin COllilty Finance Chairman /();\Sn"'/""""6.TE':r~.s .~. S.r:; - 1'iS-'S' Personal History Page 4 John E, Sanford , SCHOOL ACTcvITIES University of Michigan GR.1r-C>J..aI ~.L. PF &,,s,.u:>:,>> /fLl.<(/...vfs--~7b'U Academic Honor List--2 semesters Academic Scholarship Winner Kappa Beta Phi Award Worked for Room and Board--2 semesters Yale University Academic Honor List--senior year Work Scholarship Winner Silliman College Student Council Silliman College Newspaper Yale Corinthin Yacht Club Intramural Swimming and Football Worked for Room and Board--all four years 1949-1952 Grosse Pointe High School, Michigan National Honor Society Quill and Scroll Award Letter Winner--track team Sports Editor--school newspaper Member student drama group Member of Student Government--4 years Contributor to student literary magazine Writer for two local newspapers--2 years (C-j STATE OF CALIFORNIA TOWN OF TIBURON In Re: CONGREGATION KOL SHOFAR APPEAL / PUBLIC HEARING TIBURON, CALIFORNIA Wednesday, February 21, 2007 REPORTED BY: MAYA MOROHOSHI, CSR NO. 9564 AMERICAN REPORTING SERVICES, LLC 711 Grand Avenue, Suite 120 San Rafael, CA 94901 (415) 482-9030 * (800) 624-8688 Fax (415) 482-9038 email: AmericanCSR@aol.com www.AmericanCSR.com 1 2 3 4 TIBURON TOWN COUNCIL APPEARANCES: THOMAS GRAM, Mayor PAUL SMITH, Vice Chair ALICE FREDERICKS, Councilmember MILES BERGER, Councilmember PEGGY CURAN, Town Manager ANN DANFORTH, Town Attorney DIANE CRANE lACOPl, CMC, Town Clerk DAVE HUTTON, Interim Chief ofpolice HEIDI BIGALL, Director of Administrative Services NICK NGUYEN, Director of Public Works/Town Engineer Page 2' Page 4 INDEX Page Proceedings 5 Public Comment By Mr. Zack By Ms. Nygren 21 23 Rebuttal By Mr. Ragghianti By Mr. Volker 25,44 31,54 Comments by Councilmembers 58 Vote on Resolutions 71 ---000--- Page 3 1 2 3 4 FOR THE APPELLANT CONGREGATION KOL SHOFAR 5 LAW OFFICES OF RAGGHIANTI FREITAS, LLP 6 By: GARY T. RAGGHlANTI, Attorney at Law 7 874 Fourth Street, Suite D 8 San Rafael. California, 94901-3246 9 Phone: (4 I 5) 453-9433 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES (Continued) FOR TIBURON NEIGHBORHOOD COALITION: LAW OFFICES OF STEPHAN C. VOLKER By: STEPHAN C. VOLKER, Attorney at Law 436 14th Street. Suite 1300 Oakland, California 94612 Phone: (510) 496-0600 ADDITIONAL SPEAKERS: HOWARD ZACK KAREN NYGREN TIFFANY WRIGHT SCOTT HOCHSTRASSER moOOm 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 124 25 Page 5 Tiburon Town Hall Council Chambers 1505 Tiburon Boulevard, Tiburon, California Wednesday, February 21, 2007 7:30 p.m. - 9:45 pm. PROCEEDINGS MAYOR GRAM: Okay. Let's come to order. We met in closed session with legal counsel. Nothing was detennined at that point, so I'm calling the meeting to order. And could we have roll call, please. MS.lACOPI: Yes, Mr. Mayor. I'm over here tonight. Councilmember Fredericks. COUNCILMEMBER FREDERICKS: Here. MS. lACOPl: Councilmember Berger. COUNClLMEMBER BERGER: Here. MS. IACOPI: Councilmember Smith. COUNCILMEMBER SMITH: Here. MS.IACOPI: Mayor Gram. MA YOR GRAM: Here. MS.IACOPl: Vice Mayor Slavitz is absent tonight. MA YOR GRAM: And he is excused. Nonnally, w have oral communications at this time. But tonight. 2 (Pages 2 to 5) Page 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 since we are in a continued meeting, I'm going to put 1 that off until after the Ko! Shofar hearing is ended. 2 Is there anyone who does want to speak? I 3 don't think there is. Either way, you can't speak now, 4 or we're going to put it over until later. But there's 5 no one here anyway. 6 So let's go to the consent calendar. Does 7 anyone on the council want to remove anything from the 8 calendar or comment on it? Does anyone in the public 9 want to comment on anything on the calendar? 10 Okay. Let's go to action items. And we have 11 ilie- 12 I COUNCILMEMBER BERGER: I'd like to move to I 13 accept the consent calendar. 14 COUNClLMEMBER FREDERICKS: Second. 15 MAYOR GRAM: All in favor. 16 (All respond aye.) 17 MA YOR GRAM: Next item, action items, and this 18 is the appeal of the Planning Commission's decision to 19 certity the Environmental Impact Report and to deny the 20 Conditional Use Permit Application for expansion of any 21 existing religious facility and day school, a report by 22 Director of Community Developing Scott Anderson and 23 Planning Consultant Lisa Newman. 24 This matter has continued from the previous 25 Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Was it Friday? MS. CURAN: Yes. MA YOR GRAM: Friday. And they were sent directly to the attorneys for the two sides and the representatives of the two sides. So we are here tonight to consider the resolutions -- there are five -- receive remaining public comment on the proposed resolutions, hear rebuttals from both sides and then to hear Council comment, and then hopefully to vote. If there are changes in the wording of the resolutions, the final versions may have to come back to the Council meeting on March 7th probably on the consent calendar. So let me explain the procedure we are going to use going forward tonight. There are five resolutions before the Council. They will be taken in the same order and the same title as we talked about last time. The resolution denying the Kol Shofar appeal of the ElR certification, a resolution denying the Tiburon Neighborhood Committee appeal of the EIR certification, resolution certitying the Environmental Impact Report, a resolution making CEQA findings off act, and finally, a resolution partially granting the Kol Shofar appeal of the CUP denial, conditionally approving the CUP and adopting a Mitigation Monitoring Program. So the specific procedure we will follow is as Page 9 follows: Paul Smith will present the modifications to the final resolution as prepared by staff and the subcommittee, and the subcommittee and staff will respond to questions from the Council. We will also waive the Staff Report tonight because ilie Staff Report was posted well prior to the meeting. I think you all had a chance to look at it. And we think that the rebuttals tonight will be able to respond to anything in those Staff Reports. But I want to point out that there is a letter, which showed up today from CalTrans, which I would like staff to comment on because it is fairly directed to what we're doing tonight. And I think staff would like to comment on what the situation is with that letter and recommend how we go forward. Let me wait and ask you to do that after I finish what the procedure will be. After that, we will finish public comments. As you recall. we had - I don't know; I have them here -- five or six comment cards left from people who were not able to speak atthe last hearing. Y ou'll be able to address Council for up to three minutes. And I'm asking that you limit your public comments to the Conditional Use Pennit resolution and its attachment. There is no newinfonnation with respect to denial of the EIR certification appeals, and the record contains all of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 7 meeting that we had, so we are going directly into it. And I have a couple of comments I want to make. I'll keep it brief. This is the fourth hearing on this matter before the Council. The first was held on October 24th, at which time we took public comment. The second was held on November 15th, at which time the Council heard the I presentation and recommendation of the Council I Subcommittee. The third was held on February 7th and wa~ continued prior to the end of public comment because the I court reporter was exhausted and had an early session the I next morning. Consequently, the February 7th meeting was] continued until tonight to complete public comment, allow I for rebuttals and then to take the matter to Council for I discussion and, hopefully, consideration and passage of I resolutions in this matter. ; At the last meeting, we heard loud and clear from both sides that they disagreed with certain aspects of the approach that the subcommittee and staff go to regulating events and activities at Kol Shofar and reducing impacts on the neighborhood. Since the last meeting, the subcommittee and staff had modified the resolution to some degree to respond to some of the concerns that we heard from both sides. Those modifications were posted on the website I think -- 3 (Pages 6 to 9) Page 10' 1 the appellant's arguments. 2 The Kol Shofar will then present its rebuttal 3 first. and because there have been modifications to the 4 resolution, it would be helpful if the rebuttal speakers 5 will address the resolution as modified, not previous to 6 the previous denial by the Planning Commission or 7 alternative seven, but comments on the resolution as you 8 were presented with it last Friday. 9 Also, I'm willing to grant some additional 10 time, ifthe attorneys deem it necessary, for their 11 complete responses during the rebuttal. The meeting 12 announcements stated that 15 minutes would be allowed fo 13 rebuttal. I'm willing to allow you up to 30 minutes 14 because I want you to have enough time to say what you 15 think you have to say because. hopefully. we are going 16 from there to submission to the Council. discussion, and 17 then final vote on the resolution. Again, that's what 18 would be appreciated. 19 Then the TNC will present next and, again, they 20 will be allotted up to 30 minutes. I will then close the 21 public comment portion of the meeting and the rebuttal 22 periods. and the Council will conduct its deliberations 23 and then take action on the resolutions. 24 So going back to staff on this CalTrans letter, 25 which we received today, would you describe just 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 11 generally what it talks about and then how you want to proceed forward on it. MR. ANDERSON: Yes, Mr. Mayor. The letter arrived this afternoon from CalTrans. Basically, it asks the Town for more time for CalTrans to review some of the latest materials that were submitted by Robert Harrison with respect to the impact that had been identified in the draft ElR on the Blackfield Drive intersection with Tiburon Boulevard. Of course, at that time, the project had more Saturday events being proposed than the larger numbers of attendees. And the mitigation had called for a lengthening of the left-hand turn pocket onto Blackfield Drive from Tiburon Boulevard. 'I As the Council will recall, there was additional analysis done ofthat intersection and three j more counts by Harrison after the Planning Commission ha looked at the matter. And Harrison's result using a more sophisticated model and using the results from three : , weekend counts as opposed to one, which had been used fori the EIR analysis, concluded there would not be a I significant impact on that intersection. And as the ! materials have been prepared for your consideration this evening, the finding of staff is that the evidence is not in the record that would support a conclusion that there would be a significant impact on that intersection. Page. 12 1 The Council is in this case the lead agency for 2 the project. It's up to you to determine whether you 3 think the evidence supports an impact or not. In this 4 case, CalTrans' recommendations are advisory. Our 5 recommendation on this will be that the Council should 6 feel free to move ahead and make a decision if they feel 7 that's the proper thing to do tonight. And with that. 8 I'll let the Town Chairman add anything additional. 9 MS. DANFORTH: I would only underscore with 10 what the community development director said, that 11 CalTrans' rule on this is advisory only. If the Council 12 agrees with staff that the evidence in the records show 13 that the mitigation measure is no longer necessary 14 because the impact is reduced to a less than significant 15 level, I don't believe there is any cause for concern 16 with going forward. If in the event there actually 17 should be an actual impact despite the evidence before 18 the Council tonight, of course, the impact would be 19 addressed during the review of the CUP. But at this 20 point. we simply don't foresee that occurring. 21 MAYOR GRAM: Again, let me restate what you 22 just said because I want to be clear on it. If there is 23 an actual impact at that intersection, it can be dealt 24 with later based on what actually is happening? 25 MS. DANFORTH: Yes. In the past, the Town 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 13 Council has during CUP -- or the Planning Commission has during CUP review imposed additional mitigation measures as a condition of approval. In fact, they've done so in connection with the existing CUP for the congregation of Kol Shofar, and we could do so in the future if the need arises. MAYOR GRAM: Okay. Does anyone on the Counci have questions of staff on this issue? Okay, Paul. COUNClLMEMBER SMITH: I want to do an abbreviated version of what I did last time, very abbreviated version of what I did last time. We presented a CUP at the last meeting that we thought reasonably allowed Kol Shofar to engage in the activities and proceed with the application that they had filed but also contained mitigation measures, limitations that we had intended to try to mitigate the impacts for the neighborhood. Both sides criticized the approach that we took for slightly different reasons, I think. And so we scrapped the approach that we were taking before in favor of a more simplified approach to regulating the project. And I want to recognize Scott Anderson, our community development director, for putting the time and effort and to go back to square one and look at what Kol Shofar 4 (Pages 10 to 13) Page 14 1 applied for originally and try to think out how to write 2 this Conditional Use Permit in a way that responded. I 3 thought, to a lot of the comments that we had. 4 And I think you picked up a lot of details that 5 I felt that answered some of the confusion that we had in 6 the past. And I appreciate you doing that, Scott. 7 As the last time, there are various changes. 8 I'm going to decide on the ones that are more 9 significant. Some of them are just language changes and 10 clarifications. As before, it's Section 3, Paragraph 2 11 that we substantially changed, and we quite frankly 12 scrapped the approach that we took before; we complete" 13 rewrote the section. 14 It now contains a paragraph at the beginning 15 that essentially tries to explain the scope of our 16 intended regulation and I think does a much better job 17 than the prior version of making it clear there is a 18 baseline level of use of Kol Shofar that has gone on for 19 many years that is not the subject of regulation under 20 this CUP. It was regulated to the past. To extent it 21 was regulated in the past, it isn't anymore. 22 We also changed Table I, which was brought 23 forward early on in this process as a part of the draft 24 to the EIR and instead created what we call Table A, 25 which is a combination in essence of Table 1, the annual Page 151 I 1 use doc, and other information we received subsequently I 1 2 to try to come up with a comprehensive baseline of 2 3 activities at Kol Shofar. And we have a provision in 3 4 this current version that says that, if there's any 4 5 substantial increase from that baseline, that that will 5 6 require an amendment to the CUP. 6 7 We then go on to highlight the weekend 7 8 member-sponsored events. We noted -- and this was one of' 8 9 the things that Scott pointed out -- that somewhere along I 9 10 the way, there was a confusion between member-sponsored 10 11 events and synagogue-sponsored events and would recognizl11 12 that on Friday evening, based on Kol Shofar's 12 13 application, they never did ask for member-sponsored 13 14 events. So it was sort of a misnomer in the way we were I 14 15 phrasing all these things. 115 16 What was asked for on Friday nights was an i 16 I 17 additional five congregational dinners, which were 17 ! 18 synagogue events, in addition to 25 existing events. ! 18 , 19 They are shown in materials provided by Kol Shofar. They I 19 20 generally are -- have a hundred or fewer people, and they '20 21 generally end by about 9,00 o'clock. So this provision 21 22 authorizes those additional five or total of30 22 23 congregational dinners and also allows for certain 23 24 evening adult education classes. No member-sponsored 24 25 events were asked for; none were approved on Friday ~ 25 Page 16 1 nights. 2 Saturday, we combined -- we tried to get off of 3 this existing member-sponsored events. And new 4 member-sponsored events, we just found out: How many 5 member-sponsored events do you want to have on Saturday? 6 What are you proposing? And we determined that that 7 number was 16. And so we have, you know, six existing, 8 ten new. We did put limitations on those member- 9 sponsored events, unlike synagogue-sponsored events. So 10 there are eight events, a maximum often is 150, six at 11 200, one event and a maximum of 250, and one event with 12 no specified attendance limit provided that all 13 conditions applying to the event and in any event 14 expected to exceed 90 percent of on-site parking capacity 15 are satisfied. So that's sort of a catch-all, wild-card 16 event once a year. 17 That language that I just referred to, "90 18 percent of on-site parking capacity." is another very 19 significant change that was made to the overall approach 20 used in this CUP. Rather than what we were criticized 21 last time for its counting people, we came up with a 22 different approach tonight. Again, I credit staff for 23 helping me come up with this. What is the capacity of 24 parking lots? And we just said, [fyou reach 90 percent 25 of the capacity of the parking lot, then we're going to Page 17 trigger a bunch of mitigation measures which we've had i here in the past, the parking and the traffic, and the variety of mitigation measures that have been in here. The reason it's in this particular spot is, if that wild-card Saturday night member-sponsored event happens to trigger -- there's an expected attendance of 90 percent of the on-site parking capacity, then all those parking traffic mitigation measures come into effect. By my count, 90 percent of on-site parking capacity is 323 people by our calculation of 2.3 per car. So those mitigation measures, rather than being triggered by some -- what was, you know, a fixed number of peopl in the past, which actually ended up having -- we used the number 150 or the number 200, we found ourselves bumping up against regulating existing Kol Shofar synagogue-sponsored activities. It's not something we intended to do. So by coming up with this approach of having 90 percent of on-site parking capacity be the trigger, we were able to get around that and to regulate those things that we had initially intended so we weren't so overly broadly taking in events that we hadn't intended to take in. All events on Saturday night end at 10:00 o'clock. Sunday member-sponsored events are limited to 5 (Pages 14 to 17) Page 18 1 7:00. It's basically the same language that we had in 2 the past version: All events end by 8:00 o'clock. 3 We made a couple of other relatively minor 4 changes about no outdoor amplification. We learned that 5 both the opening and closing ceremonies of the Sunday 6 school use outdoor amplification. So we changed it to allow the opening ceremony as well as the closing ceremony. We made some other relatively minor language changes. We added specific reference to Kiddush lunches allowed on the courtyard. We have recognized that those were again ongoing activities at Ko] Shofar. So we provided for that. We changed the language a I ittle bit for the tenant day school saying that the maximum enrollment wm a hundred, but the total day school's use combination of CKS operated school and the tenant day school is 150, which provides more flexibility, you know, fewer in the tenant day school, more in the Kol Shofar school, and vice versa. And it really doesn't matter. What matters I is that the total remains at 150. And then, again, later in -- when you get to I paragraph 5 of Traffic and Parking Management programs, I you'll see that we are using the calculation based on I exceeding 90 percent of on-site parking capacity 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 19 1 calculated at 2.3 persons per vehicle as the trigger for 2 these traffic and parking mitigation measures. We made a 3 few other relatively minor language changes in that 4 section. 5 In the Monitoring, Section C under Paragraph 5, 6 we simplified the traffic monitoring requirements. We 7 really tried to focus on the major eventsl and so we 8 wanted to have our monitoring, unannounced monitoring, 54 9 on and so forth, being done at those more major events. 10 So we changed that language a little bit to address that. 11 We got some comments about the log, this 12 concern about having to provide a log of what goes on in 13 here. So we have modified the language for that. That 14 really requires relatively simple information, which 15 is providing the log of events and activities that have 16 exceeded the 90 percent on-site parking. So it's really 17 just a date, you know, event and relatively simple 18 information rather than counting people or specific cars, 19 a much more simplified version of what we had. 20 And then we eliminated the prohibition on the 21 Planning Commission relaxing restrictions for four years 22 provided for Council's guidance on that issue instead. 23 That is our more traditional approach, quite frankly, 24 under our standard CUP process. So we made that change 25 as well. Page 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 That's the sum total of the changes that I want to highlight for you. There are, like I say, a few other language changes, but they're really pretty much clarifications. And so that's all I have. MAYOR GRAM: As I mentioned. this document was posted last week on our website. So we hope everyone had a chance to look at it prior to corning and meeting and to digest those changes. Next, I'm going to reopen public comments for those who did not have a chance last time to speak. I think we have six. I don't know if all of you are here tonight. First is Michael Kemmler. UNKNOWN SPEAKER: Not here. MAYOR GRAM: Not here. Joe Blum. UNKNOWN SPEAKER: Not here. MAYOR GRAM: Howard Zack. MR. ZACK: Here. Do you want to write the other names? MAYOR GRAM: Yeah. Howard and then Mindy Canter. She wrote us an email today and said she was not going to be able to make it because it's her birthday. Are you here, Mindy? I read her email. I think we all did. She's Page 21 1 not here. And then Karen Nygren, who I see. And the 2 last would be Allan Blau. 3 We have Howard and then Karen. Again, try to 4 keep it to three minutes. 5 MR. ZACK: Thank you, Mr. Mayor. I'm 6 Howard Zack, co-chairman of the Building Committee at 7 Kol Shofar. I'd like to quickly review two items. 8 First, a typo on Table 8, Exhibit C. May I please draw 9 your attention to page 3 where the top line refers to 10 Saturday, just reading left to right, number of weeks per 11 year, 30. The typo in question: Under "Typical Number 12 of Attendees," the number showing is 50. 13 This is for a lawn-area Kiddush lunch, as so 14 designated, and the immediate prior entry on the chart 15 for Sabbath services, the very service which is 16 continuous with this event. You go from the service to 17 the lunch, designates a typical number of attendees, 18 50-400. And the "dash 400" simply got dropped in the 19 first line of page 3. Is that clear? It appears as 50, 20 and the "dash 400" needs to be added. It's a contiguous 21 event; people go from the building to the luncheon, 22 thereby making it consistent. It somehow got dropped 23 along the way so there would be no reason to distinguish 24 it between those two contiguous events. 25 The second point, on the Staff Report, it's 6 (Pages 18 to 21) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 221 important to set for the record the historical veracity of what ensued. There's a discussion headline: Prior problems in the neighborhood. The Planning Commission has written, it so reads: Amended CSK and CUP in '97, one in '04 to address neighbor concems and complaints regarding traffic, safety, parking and noise. In point of fact, that was not the case. There is no history that sustains a prior problem of observation. Let me just quickly recount. In '97, the CUP amended an incident, which was initiated at our choosing. We tried to fix our parking lot, as you probably well recall. Some neighbors strenuously objected, and we withdrew that initiative. In '0 I, the Jewish high school took up a one-year residency at Kol Shofar. We came to the Council, the Planning Commission and asked for permission to do so, and we squawked out for the high school. And there was some attendant concerns about alanns and noise arising from the high school in anticipation of that happening. And that's what the '01 issue was about. We brought it to you. It was anticipatory in nature, and it was handled and very straightforwardly. In 2004, quite candidly as a forerunner to this very protracted proceeding, which we have seen playing out over these past three to four months. Which brings Page 24 1 to try to cure the problems of its resolution. which has 2 occurred since the Town has not gone through a normal 3 planning process or followed the guidelines set forth in 4 the general plan and zoning ordinances. The end result 5 is one that has twisted the intent of the Town's general 6 plan and has not resolved many of the outstanding issues. The Staff Report was correct on one point: If approved, Kot Shofar would be the second largest meeting facility in all of Marin County, next to the Marin County Civic Center, capable of holding over 1500 people with only 156 parking lots, spaces. This will be in the middle of a quiet residential neighborhood, not as a Civic Center, which is only surrounded by a government building and an enormous parking lot. The ElR never studied the cumulative impact associated with this huge 1500-attendee facility. The ElR only looked at the project that was regulated by a CUP, which would hopefully maintain a level by the synagogue far below the 1500 level. It is naive to believe that in five to ten years from the time the facility is built and the population of Marin County grows, that the CUP would be able to regulate the future growth ofthe facility. Religious activities and events will grow in number and size unless the numbers of people first using the facility will increase to the capacity 7 8 9 10 11 12 ,13 14 15 16 17 18 19 20 21 22 23 24 25 Page 23 1 me to my final comment: This has been a very principled, 1 2 steadfast and resolute pursuit on behalf of Kol Shofar, 2 3 one we1ve taken very close to heart to defend our right 3 4 to practice our religious freedom. And we carry that 4 5 principle right to this end point, which we're grateful 5 6 to have arrived at. Thank you. 6 7 MA YOR GRAM: Thank you. 7 8 Karen Nygren. And we did get your late mail 8 9 yesterday or today, and I think we all read it. 9 10 MS. NYGREN: Hello. Three minutes does not 10 11 offer the opportunity to comment on most of the issues 11 12 which remain unresolved with the Town Council. For the 12 13 record, I did submit the letter today to the Town Council 13 14 dealing with the remaining concerns. 14 15 MAYOR GRAM: And that letter is in the record. 15 16 MS. NYGREN: The process used by the Council 16 17 for this project has hindered and interfered with the 17 18 normal planning process rather than facilitated it. 18 19 Instead of the full Council hearing and publicly debating 19 20 the issue, a subcommittee as the minority of the Council 20 21 has micromanaged behind the scenes what should normall} 21 22 be a public process. 22 23 Also, it has been impossible for any person to 23 24 keep up with the multitude of changes for the Town's , 24 25 documents made in the last few days. The Town continuesl 25 Page 25 that the facility can hold. The impact of this inevitable growth has not been studied in the ElR; thus, that the findings and the mitigations with the Council and claims will mitigate the impact to a level of insignificance basically is meaningless. For one to believe that Kol Shofar has the community's best interest at heart while continuing to demand this huge expansion flies in the face of any reasonable logic. I request this Council to seriously reconsider the action they take tonight in approving this project as proposed and send it back to the drawing board to make a facility fit as it does today with the surrounding residential neighborhood. Thank you. MAYOR GRAM: Thank you. Okay. I'm going to now close the public comment and public hearing. And we will go to the rebuttal. And that will be Kol Shofar's first, and you have up to 30 minutes. MR. RAGGHlANTl: Good evening, Mr. Mayor an members of the Council. I have no intention of taking 30 minutes. I do have some remarks which I'd like to focus. In connection with Exhibit 7, our Exhibit 7, the CUP draft -- and I'll focus then by page -- Recital 7 (Pages 22 to 25) . Page 26 i 1 G. which appears on page 3, I would respectfully request 1 2 that tonight's date be added to it. Let me repeat that: 2 3 Recital G on page 7. I think that both February 7 and 3 4 February 21 should be mentioned since we are meeting 4 5 tonight, and that, thereafter, the words should be 5 6 changed to reflect the two dates so that it reads: "The 6 7 Town Council held duly noticed public meetings" -- 7 8 plural-- "to take final action." 8 9 On page 5 or, at least my page 5 in I F, in the 9 10 last sentence, we wish to ask for a change. That 10 11 sentence reads: "The Design Review Board shall not have 11 12 the authority to unilaterally further reduce the square 12 13 footage of the MPB or classroom additions." 13 14 The word "unilaterally" was added. And frank 14 15 to say -- and I don't know why but, frank to say, also 15 16 it's probably none of my business. However.l don't 16 17 think it adds anything to the sentence and may create 17 18 confusion. In other words, I have no idea what it means. 18 19 I would ask the __ 19 20 MAYOR GRAM: Where are you on that? 20 21 MR. RAGGHIANTl: On page 5, item I F. the last 21 22 sentence has the word "unilaterally." It previously did 22 23 not have that word in there and just said that: "The 23 24 Design Review Board shall not have the authority to 24 25 further reduce the square footage of the MPB or classroom 25 Page 27 1 additions. " 1 2 Thank you. I just think that the word 2 3 "unilaterally" should be removed for the reasons that 3 4 I've stated. It adds nothing and it creates confusion 4 5 when one reads it. What does it mean to say they have no 5 6 authority to do it as opposed to they have no unilateral 6 7 authority to do it? 7 8 The next change is on page 7, paragraph 4B, as 8 9 in "boy," (ii). And this refers to when we could have 9 10 the doors and windows of the MPB open. We wish to 10 11 request that in the penultimate line where it says: 11 12 "... except for High Holy Day services" that the 12 13 following additional words be added: Quote, "And those 13 14 events listed in 48," as in boy, "(iv)," so that we can 14 15 open the doors and windows during the time that the 15 16 events specified in 4B(iv) are conducted. 16 17 I believe that that would require a change in 17 18 the findings. And I'll ask Ms. Wright if she would tell 18 19 me what it is. 19 20 MS. WRIGHT: Page 39. : 20 , 21 MR. RAOGHlANTl: Page 39 of the CEQA findings I 21 22 MAYOR GRAM: Let us try and follow where you , 22 , ! 23 are at the moment. i 23 24 MR. RAGGHlANTl: I'm on 4. 24 25 MAYOR GRAM: I know where you are, and I've i 25 I Page 28 written in what you want to say. You're now making reference to 4B(iv). MR. RAGGHIANTI: Yes. I simply said we're requesting that the words, quote: "And those events listed in 4B(iv)," end ofquote, be added to the sentence: So we get to open the doors and windows durin the High Holy Day services and during those events which are listed below in 4B(iv), which are outdoor events. It doesn't make sense~ in our opinion, respectfully that they'd be held outdoors and the windows to the facility not be entitled to be open so that people can move in and out. That would. if you make that change, require.a change in the findings on page 39, the CEQA findings -- Correct, Tiffany? MS. WRIGHT: Correct. It's mitigation measure 3.4-8.1. MR. RAGGHIANTI: She says it would be a modification to mitigation measure 3.4-B.l. I think that's the extent of all the requests you have for your consideration with regard to the CUP. I would like to add with regard to a previous request I made, in paragraph 13, I still make the request that the last sentence be removed as it seems to take away the impact ofthe sentences which precede it. That Page 29 sentence reads, and I quote -- COUNCILMEMBER FREDERICKS: Excuse me. Can yo specify where you are? MR. RAGGHIANTI, Yes. I'm on page 14. I'm sorry, Ms. Fredericks. COUNCIL MEMBER FREDERICKS: Got it. MR. RAGGHIANTI: The la"it sentence in No. 13_ which reads: "Not withstanding the foregoing, the Town will not approve any such amendment request that is contrary to a compelling Town interest." I ask the reason, which I won't repeat and which I specified in writing before, that you consider removing that. And I'll repeat my request this evening. That concludes all of the requests that we have for your consideration in connection with the most recent draft of the CUP. I next move to I think an oversight that occurred when the Mayor was announcing the resolution that would be taken up. I did not hear Exhibit 6 mentioned in connection with the matters to be taken up. And I say Exhibit 6 in connection with tonight's Staff Report, which is a resolution adopting general plan and zoning ordinance consistency findings regarding this project. So I would just make sure that that was mentioned for the record. 8 (Pages 26 to 29) Page 30 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I have I think a lot of things that I could say that I choose not to because they've been said in writings that I have transmitted to the Town, and I wish to preserve time because I don't know what Mr. Volker is going to say. And I wanted the opportunity to respond if there's anything new. But there isn't anything new, and I don't purport at this juncture to take your time talking for the next 25 minutes about things that we've gone over for almost two and a half years. I appreciate the fact that we have arrived at this juncture as much as anyone else in this room, at least as much as most people I think in this room. We look forward to this being concluded. When someone mentions that they don't think that this process has been public, I ask: What other process has occurred but public? How much more of a public process do you think a project deserves than the process this project has received? So with that, I respectfully request that I be permitted to reserve up to 10 or 15 minutes, if I need that time. And I wish to hurry to say that, if I don't, I will not come back to the podium after Mr. Volker speaks. Thank you very much. MA YOR GRAM: Thank you. I'm willing to do that, but again ifMr. Volker wants to reserve time Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 after, you mayor may not. I'm going to allow it. MR. RAGGHlANTI: Whatever you want to do is fine. MAYOR GRAM: Okay. I want to lay it out that Mr. Volker will be allowed to speak. MR. RAGGHIANTI: That's fine. MAYOR GRAM: Sir. MR. VOLKER: Good evening, Honorable Mayor an~ Members of the City Council. Again, it is an honor and privilege to appear before you today on behalf of the Tiburon Neighborhood Coalition. I have five major points I wish to address tonight. The first has to do with process. At the close of the last hearing, this Council had not heard from six individuals and appropriately reserved time so they could speak. However, those individuals who had already spoken had offered their comments in response to the then-staff file. Since February 7, that file has grown significantly. We had additional Staff Report submissions and revisions to Exhibit 5 and 6 on Friday the 16th as well as Tuesday this week. And I would submit that it's an inappropriate deprivation of the right of other citizens who aren't here tonight to speak out with regard to those changes in 311 I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 32 the project, to close the hearing prematurely. And I would urge that the Council reconsider its decision to prevent those who appear before to appear again with respect to the series of revisions that we have seen. There are a number of new impacts. For example, the fact that CalTrans has written a letter advising the City that its mitigation measure, which was an additional left-turn space on Tiburon Boulevard, was peremptorily dismissed by this Council based on further review by a consult. But CalTrans is the owner of Tiburon Boulevard. It's a state highway, as I recall, Highway 131. And CalTrans has the sole discretion to approve or disapprove the proposed mitigation until such time as that responsible agency has spoken would be premature for this Council to take action. I would add that. apparently, CalTrans had not been provided with the latest permutations in the proposed permit and its conditions. And I think it fell to the Town to make sure CalTrans was kept in the loop. And that, unfortunately, was not the case. We have now project that has added a substantial number of parking spaces to the site without any mapped reconfiguration of those spaces. We don't know if the site can accommodat, 156 parking spaces. The latest round of restrictions on use apparently allows one event per year without a Page 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 limitation on the attendance. That, again, is a significant change that warrants reopening of the public hearing. Furthermore, after the last hearing, the members of the Tiburon Neighborhood Coalition conferred and promptly advised the City, the Town Council, that most of their members would be out of town this week because it is a school holiday throughout Marin County and, thus, would not be available to comment since their use of their property and their children's welfare is directly at stake in this case. I think it behooves the Council to continue this matter until they're returned to permit them to speak to these issues. MAYOR GRAM: Mr. Volker, if I may just commen on that. I received an emaill think last Wednesday, which is well a week after the hearings. No one said a word until then. And I was then sent an email with a list, I believe, of individuals and/or couples, of which two are here tonight. So we're talking about maybe four to six people who are not here tonight. MR. VOLKER: Which is a significant number of the leadership ofthe Tiburon Neighborhood Coalition. And I think it's reflective of the cross-section of the surrounding neighborhoods that the coalition represents, that there are perhaps a similar ratio of citizens 9 (Pages 30 to 33) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 34 affected by the project, perhaps two-thirds who are not available today and should be allowed to speak. The next point I wanted to make has to do with RLUIPA. I was struck by the language employed by staff in its report to you from Friday indicating that they feared that it would be, quote, "unnecessarily risky," close quote, to apply the land use planning requirements of this jurisdiction in the manner that normally would occur with any other non-religious use. And I wanted to point out that I think we have a growing body of case law that would underscore the Town's authority to apply neutrally based land use restrictions and, in particular, environmental information processes, such as CEQA, to protect public health and safety even with regard to religious institutions. At our last hearing. I mentioned the City of West Linn, Oregon case. And I again commend that to the Council's attention because, in that case, the Court made clear that a local government has authority under RLUIPA to impose buffering restrictions and restrictions on the size of a religious facility in order to preserve the existing residential character of the neighborhood. I also made mention of the leading cases in the 9th Circuit, the Federal Circuit Court of Appeals for California and surrounding states. the Morgan Hill case 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 351 and the Guru Medic case (phonetic), both of which hold I that those proponents of RLU lP A contending that a Town or County has violated the law have a very high burden of II proof. The standard, according to those governing , decisions in the West, is that they must demonstrate that l the town's land use restriction is, quote, "oppressive to a significant extent," close quote, or formulated alternatively that it constitutes a significantly great restriction or onus upon religious exercise. And I don't think we've heard any evidence in this proceeding that the modest constraints on the size and uses of this facility that the TNC has advanced would approach such an oppressive restriction upon religious exercise. I also wanted to bring to your attention a recent decision that came down in November from the 2nd Circuit Court of Appeal in Illinois division, Church case where the Court likewise adopted the standard for establishing a violation of our RLUIPA substantial burden test that the 9th Circuit had adopted. So we have the two western most Circuit Courts of Appeal in agreement that it's a very stiff burden for challengers to a city land use regulation to sunnount. And I might add that we have here perhaps the unfortunate circumstance that the Town has been pressed 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 so far in one direction that its proposed decision threatens a violation of the equal protection clause. This is an issue that has not yet been addressed in the 9th Circuit, and we frankly are concerned that the Town's express relaxation of land use regulations to benefit a religious institution deprives neighbors of the land use protections they would otherwise be entitled to under the Town General Plan and Zoning Ordinance as well as the California Quality Act. Weare concerned that in its effort to accommodate Kol Shofar's position and out of concern fo potential liability under our RLUIPA, that the Town has been pushed too far in the other direction. And for that reason, we urge you to reconsult with your Council and tc reconsider the approach taken in the proposed resolutions. The third point I wanted to address has to do with what I view as continuing failure to address significant restrictions on the parking impact of this project established under the zoning ordinance. Under Zoning Ordinance Section 16-5.8.2, the Town has an obligation to require that Kol Shofar enter into a covenant or a lease to establish a property right as necessary to implement the off-site parking requirements in this case. Page 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The language of that restriction is pretty clear. It says that for non-residential uses if the building, structure, use or improvement requiring parking space is located on one parcel -- that is the site of the project here -- and the required parking space provided is on another parcel -- and that would be a reference to the off-site parking that's been proposed -- then one or both ofthe following shall apply: Subdivision A of that section requires that they would be able to put a covenant establishing the property owner's right to use the off-site parking space for the off-site parking need. And then Subdivision B provides alternatively that the Town may permit the required parking spaces to be secure by a lease agreement. The purpose of these requirements is to assure the public that in fact the property owner whose off-site parking demands require the provision of parking off site in fact own the right to use the proposed off-site parking location for that use. Then the second provision of the zoning ordinance relating to parking that has not been adequately addressed is 16-5.8.10. The Staff Report makes mention of this in connection with its conclusion that it is sufficient if the Town merely provide adequate parking for the multi-purpose room. And the discussion 10 (Pages 34 to 37) Page 38! 1 fails to address the fact that the sanctuary, likewise, 2 is a potential overlapping use, which would generate a 3 parking demand. 4 According to the Town's previous calculations, 5 the sanctuary has a capacity of 550 individuals applying 6 Zoning Ordinance 16-5.8.4, Subdivision D, which requires that one parking space be provided to each four persons. That yields a parking space demand of 137. When added te the 161 parking spaces required for the multi-purpose room, it yields a total of298 parking spaces, and the parking proposed for this project is far less than that. So I think we have a conflict there. It's true that the Town Council per Section] 6-5.8.2 has discretion when considering the potential for overlapping uses to allow a modest or reasonable reduction in the total of the two different overlapping uses. But I don't think that ordinance can be read to mean that one can simply ignore one of the overlapping uses and provide only for the other one. So I believe, again, that the Town needs to take a close look at that issue. We have raised this on a number of occasions. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 The fourth point I'd like to raise has to do with the Planning Commissionts decisions with regard to general plan and compliance. We have seen a number of modifications of the project. yet we still have some Page 39 pretty significant unresolved impacts. Let me address briefly the four key ones: With respect to traffic, we have the unresolved question whether CalTrans will agree with Robert Harrison's studies, which suggested that a resignalization and a remonitoring of the intersection yielded no need for additional left-turn lane space. But CalTrans hasn't agreed with that yet, and it may never. And ifit doesn't, then a key assumption of the project proponents that there's no significant impact because of the additional traffic turning left from Tiburon onto Blackfield would fall and with it the rationale for approvals before the Town Council. MA YOR GRAM: Mr. Volker, can I again interrup\ , you. Could you elaborate on that, why that now creates a: less than significant impact because CalTrans disagrees? I MR. VOLKER: If CalTrans finds fault either with the calculations conducted by Mr. Harrison such that! , it concludes that: No, there will be a backup at that . intersection with the additional traffic that will exceed the capacity of the intersection, then Caltrans will not accept that as an insignificant impact and will require additional mitigation, perhaps the construction of the left-turn lane, or something else. Alternatively, CalTrans may find that traffic Page 40 1 flow on Highway 131 would be impaired from one 2 intersection to the next. If the Harrison approach is 3 taken, it assumes that the remonitoring of the 4 intersection results in a lower intersection use and 5 coupled with an estimate offuture use would yield a 6 lower impact, an insignificant impact. We don't know 7 that thafs the case. We do know that this discussion 8 was not presented in the EIR. The original EIR reports 9 they found a potentially significant effect. 10 I think the key here is that CalTrans has 11 obvious expertise. It has obvious neutrality. It owns 12 the street in question. And the Town's omission of 13 CalTrans' input on this critical calculation I think 14 speaks volumes about a key omission in this process. 15 MAYOR GRAM: Again, I want to ask our Council: 16 Is CaITrans's agreement a requirement, or are they a 17 suggested agency? 18 MS. DANFORTH: Their role in this case has been 19 merely advisory. The Town is the lead agency; therefore, 20 it falls to the Town Council on this appeal to determine 21 what is the significant impact and what is not based on 22 the evidence before you. That is not the job of 23 CalTrans. It's the job of Town Council. 24 MA YOR GRAM: Go ahead. 25 MR. VOLKER: In response to that comment, I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 41 would just point out that if CalTrans disagrees and comes to a different conclusion, that's substantial evidence that there is a significant impact, which wasn't considered by the Town Councilor addressed in its mitigations. And for that reason, the decision will lack a rational basis I think in court. The next point I wanted to address with regard to general plan inconsistency is this project's impact on noise. The Staff Report once again harkens back to the LDN methodology, which averages noise over a 24-hour period. We have evidence in the record that there are noise spikes late at night which are a significant impact, more than 20 decibels at times. And there's no evidence that those spikes will not continue with car doors opening and closing, with car alarms inevitably being triggered with late-night entry into cars, and so forth. We have only the suggestion that the construction of a catering garage will reduce the late-night impacts. and that is substantially outweighed by the impact of the I 50-some cars in the parking lot that might be in use at 9:30 or 10:00 or 10:30 at night. And there certainly has to be a realization that folks leaving a gathering late at night will tend to converse, and that sound will travel in this bowl-shaped 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 (Pages 38 to 41) Page.42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 environment. So again, we have a potentially significant impact on noise that hasn't been fully addressed, and the Planning Commission properly found that that impact violated the general plan. The fourth point with regard to General Plan Compliance has to do with the impact of!ight. As we indicated, we now have a post reconfiguration of the parking lot that adds additional vehicles. We have mitigation measures that are proposed to reduce the impact of!ate-night lighting glare on surrounding homes.j But we do have admission in the Staff Reports that i , nonetheless there will be at least three residences that I will still be impacted by late-night headlights shining into bedrooms late at night, certainly will disturb the sleep of children and others. And I would submit that that remains a significant impact that hasn't been addressed and would, again, support the Planning Commission's finding that the general plan requirements I for neighborhood compatibility have been violated here. I So in summary, ] want to point out that we have a number of sophisticated mitigations and other permutations in the project that were placed in the record after the close of the February 7 public hearing. And it falls to the Council now I think to rectify the premature closing of the record by reopening the record i I Page 43 I I Page 44 1 have a facility that is designed to receive more visitors 2 than it will provide parking for. 3 So that's the fundamental flaw, logical flaw in 4 the approval process, that it's designed for failure 5 really. It's designed to attract more cars than it can 6 accommodate, and therein lies the irresolve he on public 7 health and safety. 8 I appreciate the opportunity to talk more than 9 the 15 minutes. And I'd like to reserve any available 10 remaining time I have for rebuttal. 11 MAYOR GRAM: You have six remaining. 12 MR. VOLKER: Thank you. 13 MAYOR GRAM: Gary. 14 MR. RAGGHIANTl: Thank you. I'll be brief. 15 Let me start. if! may, with the Planning 16 Commission. The Planning Commission is not the body wit 17 the final determination on many land use matters. This 18 is not the first time that the Planning Commission 19 decision may be modified, and it will not be the last 20 time. So the idea that the Planning Commission made a 21 decision and, therefore, it's the right decision in my 22 judgment is a specious argument to make. It was a 23 decision the neighbors liked, as simple as that. 24 On the CalTrans issue. I agree with staff. and 25 I'm not going to repeat anything other than to say that Page 45 1 CalTrans is an advisory agency. They have no right or 2 authority or jurisdiction to make a determination with 3 respect to whether an impact is significant or 4 insignificant. They commented on the draft ElR. the 5 final ElR. 6 And I believe in June, as the letter indicates, 7 we have all three people who attended the meeting with 8 the Caltrans representative present in the room this 9 evening. Mr. Hochstrasser, Ms. Wright and Bob Harrison 10 They were told then that CalTrans did not want to get 11 involved in the decision on whether there was a 12 significant impact or not but to return to the Town and 13 get a decision made by the Town Council and come back 14 after it was over. 15 MAYOR GRAM: Could you repeat that? 16 MR. RAGGHlANTl: I can repeat that. And I hav 17 Scott here who can -- I wasn't at the meeting. I'm 18 repeating what was told. 19 On June 12th, they met with CalTrans 20 representatives in Oakland. Ms. Wright was at the 21 meeting, Mr. Hochstrasser was at the meeting, 22 Mr. Harrison was at the meeting. At that meeting, they 23 were told that they, meaning the CalTrans people, did not 24 want to get involved in a dispute involving a decision to 25 be made by the Town, whether there was a significant 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 to permit public commentary coupled with a need. of course, for CalTrans to weigh in with respect to the Blackfield/Tiburon Boulevard intersection. We have serious doubts about the enforceability and the efficacy of many of these mitigation measures. We have presented extensive photo documentation of the failure of on-site parking mitigation in the past. And I I the absence of compliance with Zoning Ordinance Section 16-5.8.2 requiring a covenant or a lease for the off-site I parking required under the mitigations here I think I underscores the lingering doubts that exist with respect to the efficacy of the proposed traffic and parking I mitigations. i We also have the reality that folks arriving to i a facility that is overbooked in the sense that the number of vehicles exceeds the available parking will tend more often than not to revert to old bad habits, which are to seek out the remaining available street parking. which means there will be, notwithstanding the signage closer to the project site, U-turns and T-turns conducted in a dangerous manner. Those impacts the Planning Commission found were significant and posed a direct threat to pub] ic health and safety. And despite staff's best efforts to mitigate those impacts, I think they remain so long as we I 12 (Pages 42 to 45) Page 46 1 impact or not at this intersection. They said, "Go to 1 2 the town, get the decision and come back, and we'll 2 3 review the materials." 3 4 It wasn't until September that Mr. Harrison did 4 5 his revised traffic studies. And I believe that there 5 6 are correspondence __ 6 7 I think Tiffany was showing me tonight. I 7 8 didn't have a lot of time to look at this because I 8 9 didn't get the letter until about 5:30. I 9 10 -- that bears this out. The point that I 10 11 wanted to make is that this issue your Town staff has 11 12 told you is not significant. The determination of the . 12 13 Town staff is entitled to wait just as the determination I 13 14 of the Town is entitled to wait in connection with '14 15 whether a project is consistent with your general plan 15 16 and zoning ordinance. 16 1 7 MAYOR GRAM: Again, I want to go back to 17 18 CalTrans. I 18 19 And maybe Scott or Tiffany, you could answer 19 2 0 this. 20 21 MR. RAGGHIANTI: Scott. 21 2 2 MAYOR GRAM: We seem to be hearing that 22 23 CalTrans said they would like the Town to make their 23 24 decision, and then they would revisit the issue. What 24 25 did they then say they might do they might have the 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 47 option or power to do? 1 MR. HOCHSTRASSER: For the record -- 2 Scott Hochstrasser, Planning Consultant -- on page 30 of 3 the final ElR, there was a mitigation that said, if 4 CalTrans determines that the project has an impact on an i 5 intersection, one or two things could happen: Either the ' 6 signalization could change, or the project could be 7 required to extend that left-turn lane. 8 CalTrans wrote a letter on March 10, 2006 9 responding to the final ElR saying: You have to follow 10 CalTrans's standards if you're going to make improvement 11 in the roadway. So we went to meet with CalTrans to find 12 out what those standards were. And at the time, we were 13 developing a new alternative to the project that would 14 reduce the number of trips, the number of people 15 attending and would reduce the impact on the 16 intersection. 17 And they told us: When the Town makes a 18 decision and you've got additional data, then we'll 19 determine based on the mitigation and the EI R. which says 20 "ifthey determine." So they told us: Go back. When 21 the Town makes a decision, then submit whatever 22 additional studies we have, and we will determine whether 23 or not there's an impact, whether or not we have to 24 change the signalization, whether or not we have to 25 Page 48 change the left-turn lane. Following that discussion, there have been significant changes in the project, the intensity and use of the intersection. The mandate was presented to you by Mr. Harrison that concludes that there really isn't an impact at the intersection. So that's why we met with CalTrans and was to try and get an understanding how much do we have to reduce the use for them to be comfortable with that left-turn lane and the signal time perhaps. And they told us: Go back, and when you have a decision, when you know what your project is, then we'll look at it, and we might determine you need to do something here, or we might not. And subsequently, the projects changed, and substantial additional information, including three different monitorings at that intersection at different times, all the information in Harrison's report has been presented to you. So that's the evidence that shows that there's not a new provision. MAYOR GRAM: So you're saying, when and if we make a decision tonight, then it will be that time to go back to CalTrans or let them analyze everything based upon the decision, and then they'll decide if we need a change? MR, HOCHSTRASSER: Excuse me, but that's what Page 49 was in the final EIR. And that condition or that mitigation is no longer required because of the project reductions. MAYOR GRAM: They'll acknowledge that, I assume, by studying the final project after we make a decision tonight. Is that true? MS. WRIGHT: I want to jump in here real quick. MAYOR GRAM: You were at the meeting also. MS. WRIGHT: I was at the meeting also. Tiffany Wright with Remy Thomas. The mitigation measure at the time the final EIR had come out and, as Scott was referring to, the mitigation measure that had been added from the time of the draft ElR to the final EIR was a mitigation measure. That said, we'll leave it up to CalTrans to decide what mitigation is necessary for this impact. And so, in essence, the mitigation measure was Mitigation No.4, was on the other premitigation measures in place. In essence, the mitigation measure left the determination of the appropriate mitigation up to CalTrans. And that's what we were there to talk to CalTrans about. CalTrans wasn't asking us to come back and give them information on whether the impact was significant or not. It was an issue of what mitigation would be required if the impact was going to be 13 (Pages 46 to 49) , Page 50 1 significant. 2 MA YOR GRAM: So if we make a decision tonight. 3 and then we send the information to CalTrans, which seems 4 to be what they requested -- in other words, send it 5 after the decision is made -- and they determine that 6 they believe modifications have to be made to that 7 intersection, you're saying that we should come back and 8 revisit that? 9 MS. WRIGHT: No, no. What CalTrans is asking 10 you to do is to continue your hearings so they can study 11 it and weigh in. And what your staff has told you is 12 that you're the decision-maker in this process. You 13 detennine whether the impact is significant or not. 14 MA YOR GRAM: But is what they're saying in 15 there different than what they told you at the meeting? I 16 MS. WRIGHT: Yes. What they told us at the I i 17 meeting is that they didn't want to get involved in the ' I 18 City decision over whether this impact was significant. , i 19 COUNClLMEMBER BERGER: Was Ms. Finney or I 20 Mr. Finney at the meeting? I 21 MS. WRIGHT: I don't believe so. That name I 22 doesn't sound familiar. ! 23 COUNClLMEMBER BERGER: He or she wasn't at th1 24 meeting. She, I guess. ! 25 COUNClLMEMBER SMITH: I believe what we have I Page 51 1 done is, we have determined that, based on the more 2 recent Robert Harrison studies, that this impact, which 3 at one point was considered to be significant, is no 4 longer significant. It was mitigated by virtue of our 5 taking those new traffic counts. So as the 6 decision-makers in this, we are simply saying that this 7 issue has been addressed by the decision that we will 8 ultimately make on these resolutions, one of which 9 contains a reference to the new Robert Harrison counts, 10 by which in the other shrinkage of this project that 11 mitigate that impact to less than significant. This says 12 that's what we are deciding, not CalTrans. Right? We 13 decide that. 14 MAYOR GRAM: Any others? 15 COUNCILMEMBER BERGER: We're deciders. 16 MA YOR GRAM: Do you want to wind up, Gary. 17 MR. RAGGHIANTI: Yes, I do. Thank you. 18 MA YOR GRAM: Do you want to address 19 Mr. Volker's -- I believe the first time you've heard it, 20 comment on the due process and I think establish new 21 laws. 22 MR. RAGGHIANTI: Yes. That argument has been 23 made in RLUIPA cases. I don't think it really makes any 24 difference what I think about it. Experts have debated 25 it. I know of no Federal Circuit Court opinion that Page 52 1 agrees with what Mr. Volker has said or which has 2 championed that argument. But that argument has been 3 made. One wonders who the protected class is that is 4 being referred to here, but I assume that it is the S neighborhood. 6 I do think -- and I hadn't intended to comment 7 on RLUlPA, but I will -- that it's probative that no one 8 has come in here with an expert from the neighbor's 9 standpoint to tell you you could have done what you 10 originally proposed to do. When he talks about that 11 you've been pushed too far to one side, to be fair, it's 12 usually the applicants that may well have been pushed toe 13 far to one side. And the history of/and use all over 14 this county I think serves as testimony to that fact. 15 Here, you have an applicant who comes forward 16 and says: There's a Federal statute that exists. Here's 17 what it says. There's an applicant who happens to be a 18 religious institution instead of an institution that 19 sells materials. We, therefore. think we are entitled to 20 different treatment. 21 Before you get to RLUIPA, we have a right under 22 the Federal Constitution to practice our religion in 23 whatever we want, free of any governmental intrusion. 24 Now, we don't take the position, as we have said before, 25 that you can't regulate us at all, but we sure do take Page 53 1 the position that this statute has a very important part 2 of what's going on here. 3 Last comment -- and I'll think about it -- 4 that's about risk. There's no risk at all to the 5 neighbors in our RLUlPA suit, none, because they don't 6 pay for it. The Town pays for it. If the neighbors want 7 to sue the Town and allege that they've been deprived of 8 protection, let them. They have the same rights we do. 9 But in this case, I mentioned before when I was 10 here, U.S. fiduciary sitting here running a multi-million 11 dollar corporation are in the business of assessing risk 12 as well as making decisions on other things that come 13 across your desk. Your staff, in my opinion, has it 14 right. I was surprised to see it in the Staff Report, 15 but it is there. They assessed risk, and they said it is 16 risky. 17 Any thinking person who is familiar with this 18 area ofthe law in my judgment who doesn't think there's 19 risk involved in treading into this area is not being 20 candid with you, and you should view them with suspicion 21 including me. There is risk here. It's palpable. It's 22 real. We've talked about it. and I don't intend to talk 23 about it anymore. 24 The noise in the parking and the other issues 25 that deal with light, it's one thing to complain. It's 14 (Pages 50 to 53) Page 54 1 another to point to substantial evidence in the record 2 that actually supports what they are talking about. They 3 don't. So we've gone back over again the same arguments 4 that have been raised before. I don't have anything else 5 to say, and I want to thank you vel)' much for allowing 6 me to speak again. 7 MAYOR GRAM: Thank you. 8 Steve, you want to wind up? 9 MR. VOLKER: Yes. Thank you. 10 First. with regard to the CalTrans letter. the 11 letter on its face refutes the suggestion that CalTrans 12 doesn't believe it should participate in a determination 13 of the significance of this project on traffic on Tiburon 14 Boulevard. The letter states clearly that CalTrans needs 15 a minimum of 10 working days to adequately review the ne" 16 traffic information and to determine whether impacts at 1 7 the Tiburon Boulevard/Blackfield Drive intersection are 18 indeed less than significant. We, therefore, request 19 that the Town Council postpone its decision on 20 certification of the final ElR until we have had the 21 opportunity to conduct our review. 22 So they couldn't say it more plainly that they 23 believe they're a vital factor in that determination 24 since they own the road and they have responsibility 25 under California statutes to assure that traffic moves Page 55 1 smoothly and safely on that road. So I've again returned 2 to the point that this process has been rushed to 3 judgment prematurely in light of the substantial new 4 information that's been developed over the last several 5 weeks with new mitigations proposed, with new impacts and 6 with a lagging consultation with CalTrans. 7 With regard to the equal protection clause, no 8 Court has said that it wouldn't be violated under these 9 circumstances. One of the closest cases on point is the 10 division of the Church case where the Court did discuss 11 this point but from the flip side of whether or not a 12 religious institution could raise this claim. But one 13 examines that ruling and applies it with the unequal 14 treatment accorded the citizens in this case. One is led 15 to the conclusion that equal protection of the law was 16 not provided here. 17 And the reason is simple: Had this been a 18 non-religious use proposed at this location, the Planning 19 Commission's determination would have been sustained by 20 this Council. The reason that this Council has been 21 pushed off of that mark is that Kol Shofar has brandished 22 the RLUIPA sword repeatedly and pointedly reminded the 23 Town of its financial liability should it be drawn into 24 an RLUlPA litigation. 25 And it's that coercive effect ofRLUIPA that Page 56 1 deprives the neighboring land owners of their right to 2 equal protection under the law because the law would have 3 been applied differently had RLUIPA not entered into the 4 equation and had the proposed use been a nonreligious 5 one. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 With that, I am finished. Thank you vel)' much for allowing me the time. MAYOR GRAM: Another question. Are you sayin that RLUIPA may be unconstitutional? MR. VOLKER: Absolutely. MAYOR GRAM: And that this could be a situation where RLUIPA may have entered into our decision but that it may be unconstitutional, and that has not been decided? MR. VOLKER: That's correct. The predecessor statute, as you may recall, was declared unconstitutional by the U.S. Supreme Court. That Court has not yet addressed the constitutionality ofRLUlPA. The 9th Circuit has not yet addressed the equal protection clause and its potential violation by RLlUPA. I think that this case raises that issue. So again, we are drawn back to our original proposal, which is a mediated resolution of this. If this matter ends up in court, it may be hard, as Mr. Ragghianti has reminded us, to predict the outcome. Page 57 1 There are risks for all concerned. TNC has never 2 advocated resolving this in litigation. And we return to 3 our original proposal, our continuing desire to resolve 4 this sort of litigation if that can be done. Thank you. 5 MAYOR GRAM: Thank you. 6 Does anyone on the Council have any questions 7 regarding what we just heard? 8 COUNCILMEMBER FREDERICKS: I wonder iftl 9 staff could comment on Mr. Ragghianti's suggestion that 10 that paragraph that talks about the authority of the DRB 11 to reduce the size of the multi-purpose room, whether the 12 word "unilaterally" has a particular meaning. 13 MR. ANDERSON: Yes. The intent of adding that 14 word was that if Kol Shofar did happen to come in with a 15 building. which was perhaps slightly smaller than the 16 square footage that was shown, the Board would not be in 17 a position to reduce the size even though that was 18 applied for. It's just one of those clarification words 19 that we put in there. In other words, ifKol Shofar is 20 requesting that the building be a tad bit smaller than 21 what was shown in the CUP, the Board can approve it, 22 whereas without that word it would lead you to believe 23 that they could not. 24 COUNCILMEMBER FREDRICKS: Thank you. 2 5 MAYOR GRAM: Any other questions of staft'? 15 (Pages 54 to 57) Page 58 1 Okay. I am going to bring this now to the 2 Council. We're at that point where I'd like to hear what 3 councilmembers have to say _ And then I'm going to go 4 through the resolutions and ask for modifications, if 5 any, or acceptance of revisions that have been proposed, 6 and then cal1 a vote on each one. 7 And I'm sorry. I want to take a break. I got 8 a request for one. The court reporter needs a break, and 9 we will always defer to her. Some of us need a break 10 too, and maybe you do. 11 (Recess from 8:55 to 9:12 p.m.) 12 MA YOR GRAM: The reporter is ready to go again. 13 Since she's been running the meeting, I'm ready to go, 14 too. 15 16 17 18 19 20 21 22 23 24 25 At this point in time, the matter has been brought back to the Council. And before we vote on the resolution, consider the resolution and vote on them individually, I'm going to ask the Council if they have any comments. COUNCILMEMBER FREDERICKS: Are you asking fo general comments at this time, or are you asking for specifics? MA YOR GRAM: I'm going to ask for general and specific. COUNCILMEMBER FREDERICKS: I'm not prepared t Page 59 1 give you specific commenls on some of the changes that 2 were asked by Gary Ragghianti. 3 MAYOR GRAM: Okay. As far as the revisions 4 that Gary requested, when we get to that exhibit and 5 resolution, we will take each one separately and comment 6 COUNClLMEMBER FREDERlCKS: Good. 7 I have a few comments just on the general 8 process and what I feel a councilmember was trying to do 9 I think it was expressed well in the Staff Report. We 10 want to avoid substantial burden of practice of religion. 11 and we want to mitigate impacts on the neighbors. 12 One of the letters asked, rather eloquently, if 13 you were a neighbor, would you approve this project. I 14 have to say, if I were a neighbor, I certainly would be 15 out there advocating to reduce the impact as much as 16 possible. But even then, that's a different role than a 17 councilmember. 18 As a councilmember, I feel I have to vote for 19 the balance that's required by the record. We have tools 20 to mitigate. One of them would be 10 reduce the size of 21 the multi-purpose room. But we also have controls that 22 reduce the impact of the use of the room and the general 23 use of the sileo 24 I think the only problem from the neighbor's 25 point of view is that they just distrust either that Page 60 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 I 22 I I ~~ 25 these controls will be effective or that they will be enforced. Reducing the number of events, the number of people, requiring triggers for off-site parking, controlling the lateness of events with oversight, with incentives and with enforcements are just about as good as you'd get I think at a Conditional Use Permit. There may be some specifics that we'll discuss as we go through the resolutions one by one, but I support this approach. MAYOR GRAM: Okay. Miles. COUNCILMEMBER BERGER: First of all, before make other remarks, I'd like to really thank Tom and Paul. I hope the Town understands the difficult roles that they've been put on as subcommittee and the tremendous amount of work and the dedication and the intelligence that they've brought to bear and the evenhandedness that they have worked so hard to show. And I sort of disagree with one of the comments that was made about it not being a public process because I really do think with all the meetings that have happened that anybody who had anything that needed to be said in the course of this discussion really had ample an opportunity to make their comments and had very intelligent and well-informed people listening to them. I really want to thank you. I think the Town really owes you guys a great debt, especially considering the Page 61 1 expertise and the patience that's been shown in looking 2 at this. 3 I'd also like to thank the staff. This has 4 been a really, really tough process, both for our 5 in-house people and for the consultants that have been 6 brought to bear on this process, and with very numbing 7 amounts of detail. And I really think we have, as I've 8 said on many occasions, the best planning staff in the 9 Bay Area. And I've had occasion to work with others, and 10 I'm very proud of the people that we have working here. 11 I've spent about 20 hours in hearings listening 12 to the public on this issue and over the last couple of 13 years. And I've been trying to show what for me passes 14 for restraint as far as the talking. So I just hope 15 you'll indulge me with a few minutes to make some 16 remarks. 17 First, I'd like to tell you a story. I was 18 telling my son over the different table about -- he's 19 15 -- telling him about this process. And he told me a 20 story, ajoke that he felt would apply to it. And it's a 21 Chelm story, which some people know it's part of a Jewish 22 folk tradition. Chelm is this town somewhere in the 23 Chelm settlement where the angel who passes out the wise 24 souls and the foolish souls was inebriated one night and 25 dropped by accident all ofthe foolish souls into this 16 (Pages 58 to 61) Page 62 lone little town. So there is just not one sharp blade in 2 the rack in the town of Chelm. 3 So there's an old man from Chelm and his 4 grandson. They're coming back from a market day back 5 into Chelm, and they have a little donkey. And the 6 little boy is riding on the donkey, and the father is 7 walking. And they pass by two neighbors -- not from 8 Chelm -- and they say, "What a shame. This venerable 01 9 gentleman having to walk, and this perfectly fit young 10 kid is sitting on the donkey and riding on it. This is 11 just disgusting." 12 And the old man says, "They have a point. 13 Perhaps we will switch." And so the old guy gets on the 14 donkey, and the little boy is walking along. So they go 15 along for a while like this. And another group of 16 people, bystanders are saying, "This is disgusting. Look 1 7 at this; this old man is riding on the donkey, perfectly 18 fit old gentleman, and then he's responsible for the 19 health and the safety of this little boy and making him 20 walk along while there's a perfectly healthy donkey to 21 carry them. This is just bad parenting." The old man 22 says, "Well, once again, an interesting perspective on 23 our situation. So why don't both get on the donkey and 24 ride down the road on the donkey." 2 5 So they're going down the road on the donkey. Page 63 1 And after a while, they approach this bridge, and it's a 1 2 pretty steep bridge, and there's some people hanging out 2 3 at the bridge crossing. And the people say, "This is 3 4 just a shame what's going on here because this donkey has 4 5 labored all day long for you. and now after he's labored 5 6 all day long, both of you people are sitting. riding on 6 7 this donkey as you're trying to go over this incredible 7 8 bridge. This is really disgusting." 8 9 These people are from Chelm, and they're 9 10 not too bright. So they say, "We might do something here 10 11 at least for the short term. We'll get off the donkey, 11 12 and we'll carry the donkey over the bridge." So they 12 13 pick the donkey up. They're fumbling with him. They get 13 14 to the center of the bridge, they lose their balance, and 14 15 the donkey goes over the edge of the bridge, falls into 15 16 the river and swims away and gets to the other bank and 16 17 then runs off. 17 18 And the moral of the story is clearly that, if 18 19 you try to please everyone, you might as well kiss your 19 20 ass good-bye, which is what we discovered in this 20 21 process. 21 22 MAYOR GRAM: Could we have a vote on this? 22 23 COUNCILMEMBER BERGER: Yes. Seguing into the 23 24 issues at hand, we took an oath of office when we took 24 25 our seats here, and that was to obey the laws of the 25 Page 64 1 State of California and the nation, who are always very 2 mindful of them. RLUIPA is the law of the land, and so 3 we're, of course, bound to respect it. 4 However, my profession as architect and planner 5 and designer, I think it looms larger than the way we've 6 been discussing things. But in reality, at least for me, 7 it just did not playa functioning part. For me, I had 8 to answer to a higher authority; that's CEQA, the 9 California Environmental Quality Act, which tells us 10 exactly how we are supposed to process through all issues 11 of this type, all these kinds of applications. 12 . And really cutting to the chase, I think that 13 in the course of a process where the impact as defined by 14 CEQA and the process, the EIR process, are determined to 15 be mitigated or to be less than a significant amount. 16 And the applicant has made significant changes to the 17 project and taken it and adapted it in various ways as 18 described in the past and helped with those mitigations. 19 At a certain point, they have the right to ask: 20 Where is my permit? Where do I get my permit to get 21 going in this process? The impacts to my sense, 22 especially having to do with parking and the other aspect 23 of it, have been mitigated. They respond to the Tiburon 24 standard and planning guidelines. 25 As far as Mr. Volker's comment about the Page 65 parking and its numbers -- and I'm speaking now specifically from a planning point of view -- the idea is that for its normal use, the kind of use we expect this facility to have. During 90 percent ofthe time of its operation, the parking lot appears to be completely adequate. And what we've asked, the synagogue has mor than volunteered to do, which the six-month CUP process is there to test, and everybody is here to try to find a solution to mitigate it in the future. The parking does not have to be owned off site. It's the mitigation parking. The parking for normal use is on site, and when there are these other needs for larger activities, that could be handled through various ways. I'm very concerned -- and they don't have to own it. I really think that we have -- the CUP process hasn't discussed ample means both software and its programs or different ways in which the activities of the temple are conducted, especially having to do with parking. Also, even it could be hardware. It could be something that's a bricks-and-mortar change that might happen over time. We have lots of options, but it's wrong to preconceive what these need to be before the facility is in operation. We could all much more intelligently look at what kinds of mitigations need to be done in the 17 (Pages 62 to 65) Page 66 1 future when those are in place and can be adapted. But 2 to my satisfaction and to the satisfaction more to the 3 point of the requirements ofCEQA, the mitigations are in 4 place to allow the process to go ahead with the 5 agreed-upon controls having been discussed. 6 So for me, this is a much more straightforward 7 CEQA type of thing and much more of a planning process. 8 And RLUIPA is just not -- it's out there, something for 9 us to think about, but it's not really part ofthe 10 picture, at least as far as I'm concerned. And perhaps 11 as Mr. Ragghianti said. a really intelligent person would 12 be fearfully taking that into consideration. It's too 13 bad. I'm from Chelm. I didn't think about it. I'm just 14 going on the CEQA aspect of it. 15 I got a kick last time at your description of 16 yourself as you came up and said, "I'm not here to have a 17 lawsuit. I'm here" -- and I kept thinking about the 18 grand inquisitor, you know, with the guys on the rack. 19 And I said, "I am not here to have Igor turn that rack. 20 I'm here to keep him from turning that rack here." 21 So it's about kind of the way I felt. 22 Nonetheless, I think that RLUlPA is really the inquest. 23 So I really liked the modifications, and I can support 24 them. I can support the various things as mentioned in 25 the resolution for the reasons I've said. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I Page 67 I I COUNClLMEMBER SMITH: Tom and I met with bot' 1 sides repeatedly, and it became very apparent from the 1 2 outset that there is a fundamental distinction between 3 the two sides. The neighbors repeatedly and consistently 4 throughout the entire process took position that the way 5 to control the potential impacts on a neighborhood like 6 this was by controlling the physical plan. It's just if 7 you reduce the size of the buildings, you can reduce the 8 impacts, and that that's the way it should be done. 9 They do not trust the kind of regulation that 10 you get through the CUP process, and a much greater trust 11 in simply shrinking the vote. Kol Shofar on the other 12 hand embraced the concept of regulation through the CUP. 13 And I personally believe that you can -- and we have 14 historically regulated facilities like this through the 15 CUP process. I believe in the CUP process and its 16 ability to regulate and control these kinds of 17 facilities. 18 We've analyzed this project to an incredible 19 degree. I want to step back, and I just look at the 20 site, and I look at Kol Shofar. You know, this is an old 21 public school site, and it needs to be upgraded. It's 22 like we have all of our other similar sites. It's 23 appropriate for them to want a facility that meets the 24 current needs and standards. And I quite frankly think 25 Page 68 1 what they're asking for does nothing more than that. I 2 think it is in the middle of a residential neighborhood, 3 so there is a significant need to try to mitigate and 4 control the impacts that may potentially arise as a 5 result of a larger facility. 6 I honestly believe that ifthis project is 7 built the way it's proposed and the CUP is adopted as 8 it's currently drafted, that the impacts on this 9 neighborhood will be better, less than they are today. 10 You may all come back later and tell me I was wrong, but 11 we'll see ifthat day ever comes. 12 I think the CUP as it's currently drafted 13 strikes a reasonable and fair balance between attempting 14 to mitigate the impacts that may occur on the 15 neighborhood that were identified to the CEQA process bu 16 also allows Kol Shofar to continue with the activities 17 and events that they've had there for many years and to 18 engage in some new activities. 19 I think it was improved through the process 20 that we have already gone through, as excruciating at 21 times as that was. It's a better document today and, you 22 know, a lot of us put a lot of effort and time into 23 various provisions. But I think we were able to let go 24 of things that weren't popular and things that didn't 25 seem to work. And I think we took a lot of input from Page 69 people, and we modified the document to reflect a lot of those things, and it's now a better document than it was previous. And I think staff has a great deal to do with making that happen. So I've listened to a lot of public comment. I went to the planning commission meetings before these meetings. I read tons ofletters and emails. I read a bunch of Staff Reports and Consultant Reports. You know but the decision that I have to make here is really based on my personal review in consideration of the entire record of these proceedings, a great deal of which is sitting in my garage at the moment and taking up a lot of space. So I can support the recommendation of staff to adopt these resolutions. I believe the facts in the record before us support the findings that are proposed in these resolutions, and I believe the findings support the resolutions and their determinations. So when we get to it. I will give you my suggestions on the request of land use regulation, unless you want them now. MAYOR GRAM: On the CUP itself, the resolution COUNCILMEMBER SMITH: Yeah. MA YOR GRAM: We'll wait until we get there. You've heard me talk at length at the previous three meetings, and I'll try to keep my comments brief. 18 (Pages 66 to 69) Page 70 1 We're not trying to restrict the current uses or any 2 future reasonable uses of Kol Shofar. Our responsibility 3 is to accommodate your religious needs and provide for 4 your other congregational events and activities, and 5 we'll do so in the future if need be. But in balancing 6 those interests, we have to reasonably minimize the 7 disruption to the neighbors while at the same time not 8 imposing a substantial burden on the exercise of your 9 religion. 10 But we are not and cannot give you a blank 11 check to do whatever you want, whenever you want 12 regardless of the impacts on the neighborhood. That 13 would be your responsibility given that you are about to 14 build a very large meeting space in the middle ofa 15 closely-knit residential neighborhood. You have families 16 living close by, and it's our job to make sure that 17 they're protected as best we reasonably can. 18 Weare making this decision based on an 19 independent analysis of the facts based upon reviewing 20 the record, including the EIR and exhaustive meetings 21 with both sides. Our decision is not based upon any 22 specific individual views of the audience or the public. 23 This has been going on for almost three years now. I 24 checked that out today, and I was surprised to see how 25 long it has been going on. Page 72 1 mentioned. 2 3 4 5 6 MA YOR GRAM: Is there a second? COUNCILMEMBER FREDERICKS: Second. MA YOR GRAM: Would you call the roll, please. MS.IACOPI: Yes, Mr. Mayor. Councilmember Fredericks 7 COUNCILMEMBER: Yes. 8 MS.IACOPI: Councilmember Berger. 9 COUNCILMEMBER BERGER: Yes. 10 MS.IACOPI: Councilmember Smith. 11 COUNClLMEMBER SMITH: Yes. 12 MS.IACOPI: Mayor Gram. 13 MA YOR GRAM: Yes. 14 MS.IACOPI: Four ayes passed, one absent. 15 MA YOR GRAM: The next resolution is a 16 resolution denying the TNC appeal ofthe EIR 17 certification. Are there any revisions to that? 18 MR. ANDERSON: Yes. The same change adding the 19 line referencing additional testimony taken on 20 February 7th and February 21st of this year. 21 MA YOR GRAM: Okay. Is there a motion to 22 approve that resolution with the revisions? : 23 COUNCIL MEMBER FREDERICKS: Move to adopt t~ 24 resolution with revisions. 25 COUNCILMEMBER BERGER: Second. Page 71 At some point, someone has to make a decision ,1 that he or she deems best under the circumstances. I I 2 think we have tried to, and I think we've accomplished I 3 balancing both interests under very difficult 4 circumstances, and I believe we have done that, and I I 5 believe that we should now proceed to take a vote on the 6 resolutions. And I'm going to, I believe like other I 7 members of the Council have indicated, look favorably 8 upon. 9 So that said, there are some revisions that 10 have been made by staff, very minor. And so the first l 11 resolution is a resolution denying the Kol Shofar appeal I' 12 of the EIR certification. And I believe there is a minor I 13 revision to that. I 14 MR. ANDERSON: Yes, Mr. Gram. We would 115 recommend that you add a sentence to that resolution that ! 16 indicates that the Council took additional public l 17 testimony on February 7th and February 21st of this year. i 18 MA YOR GRAM: And that's it? i 19 MR. ANDERSON: That is the only change. I 20 MAYOR GRAM: Okay. Would someone like to make i 21 a motion either accepting that amendment, that revision, l 22 or passing the resolution as is? 23 COUNCILMEMBER BERGER: I'd like to move that wt 24 25 accept, pass the resolution with those additions I had i 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Page 73 MA YOR GRAM: Could you call the roll on that, please. MS.IACOPI: Yes. Mr. Mayor. Councilmember Fredericks: COUNCILMEMBER FREDERICKS: Yes. MS.lACOPI: Councilmember Berger. COUNCILMEMBER BERGER: Yes. MS. IACOPI: CounciImember Smith. COUNCILMEMBER SMITH: Yes. MS.lACOPI: Mayor Gram. MAYOR GRAM: Yes. MS. IACOPI: Passed four ayes, one absent. MA YOR GRAM: Next is the resolution certifying the EIR. Are there any revisions you want to make to that? MR. ANDERSON: None. COUNCILMEMBER FREDERICKS: Move to adopt t resolution certifying the EIR. COUNCILMEMBER BERGER: Second. MS.IACOPI: Councilmember Fredericks. COUNCILMEMBER FREDERICKS: Yes. MS. IACOPI: CounciImember Berger. COUNCILMEMBER BERGER: Yes. MS. IACOPl: Councilmember Smith. COUNCILMEMBER SMITH: Yes. 19 (Pages 70 to 73) Page 74: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS.IACOPI: Mayor Gram. MAYOR GRAM: Yes. MS.IACOPI: Passed four ayes. one absent. MAYOR GRAM: Next, the resolution making CEQ~ findings of fact. Are there any revisions to that? I MR. ANDERSON: There is one potential revision that is a spill-over effect from a request by Mr. Ragghianti that one ofthe conditions of the CUP I resolution involving at which times doors and windows of : the multi-purpose room can be kept open. There is a ! spill-over there. I And basically, as I understand it, Kol Shofar I is requesting that in addition to High Holy Day services, . when they would be allowed to have the doors and windowJ of the multi-purpose room open, they would also like that i privilege extended to Sukkot. I ! MA YOR GRAM: To what? I MR. ANDERSON: Sukkot. I believe that's ' I largely an outdoor event anyway. The Kiddush lunches, ! which are generally outdoors, when they're held in the lawn area. And also, to the opening and closing ceremonies at the Sunday school, which are traditionally held outdoors and amplified. COUNClLMEMBER BERGER: I'd like to ask the question of the applicant. These are mostly outdoor Page 75 1 activities certainly. But when the doors are open, is 2 there a likelihood in the way these things have been done 3 it the past that there's -- and for the outdoor things, 4 there's no amplification, which we know. Is there a 5 situation where, if the doors are all open, everything 6 there might be things inside that would be amplified that 7 you would hear outside? Not likely. I mean, ifit is, 8 you can come back and deal with it. But not generally? 9 MR. BROWN: No possibility. 10 COUNCIL MEMBER BERGER: Thank you. That's all 11 have. 12 MA YOR GRAM: If we modity this that way. then 13 we are agreeing to modifY the next one. I want to make 14 sure we all understand that in voting for this one, we've 15 got modifications. We are voting to allow that also in 16 the resolution partly granting the appeal. 17 COUNCILMEMBER BERGER: To me, it makes sense 17 18 because these are basically outdoor things. It doesn't 18 19 make sense to say for everybody to come outside and we're 19 20 going to close the doors to an empty room. It just 20 21 makes -- I mean, I don't think there's any -- it's just 21 22 for clarification of use. 22 23 MA YOR GRAM: Any other comments? 23 24 COUNCIL MEMBER FREDERICKS: I just support it 0 24 25 the understanding that these are basically outdoor 25 1 2 3 4 5 6 7 8 9 , 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 76 events. MA YOR GRAM: Is there a motion to adopt the resolution making consistency findings to this CUP approval with that revision? COUNCILMEMBER BERGER: So moved. COUNCILMEMBER FREDERICKS: Second. MA YOR GRAM: Call the roll, please. MS.lACOPl: Yes, Mr. Mayor. Councilmember Fredericks. COUNCILMEMBER FREDERICKS: Yes. MS.lACOPl: Councilmember Berger. COUNClLMEMBER BERGER: Yes. MS.lACOPl: Councilmember Smith. COUNCILMEMBER SMITH: Yes. MS. lACOPI: Mayor Gram. MAYOR GRAM: Yes. MS.lACOPI: Passed four ayes, one absent. MAYOR GRAM: The final resolution is a resolution partially granting the Kol Shofar appeal and the CUP denial. MR. ANDERSON: I think we need to back up to the consistency findings. Y Oil just adopted the CEQA findings. Now we have Exhibit 6. MA YOR GRAM: I'm sorry. So you're making consistency findings for the CUP approval. Page 77 1 MS. DANFORTH: Mr. Mayor, if I may clarity for 2 the record. I think what happened was, the motion 3 clearly referred to the EIR CEQA findings. But when you 4 recapped it, you misspoke and said "consistency 5 findings." I think the motion itself in the second was 6 in fact to the correct resolution in Exhibit 5. MAYOR GRAM: Is that the understanding that 8 Council-- 9 10 11 12 13 14 lS 16 7 COUNCIL MEMBER FREDERICKS: Yes. it is. MAYOR GRAM: Okay. Next we have the resolution making consistency findings to the CUP approval. Are there any revisions so that? MR. ANDERSON: None. MAYOR GRAM: Is there a motion to adopt? COUNCILMEMBER FREDERICKS: I move to adopt th resolution to d adopt the General Plan Zoning Ordinance consistency finding. That's where we are. Exhibit 6. COUNCILMEMBER BERGER: Second. And I'djust like to explain perhaps to the audience why it seems that Alice and I are doing all this moving and seconding. It has to do with the fact that we're not -- we weren't members of the subcommittee. and it's not so seemingly bad, people on a subcommittee moving the acceptance of their own stutf MAYOR GRAM: Call the roll, please. 20 (Pages 74 to 77) Page 78: 1 MS. lACOPI: Councilmember Fredericks. 1 2 COUNCILMEMBER FREDERICKS: Yes. 2 3 MS. lACOPI: Councilmember Berger. 3 4 COUNCILMEMBER BERGER: Yes. 4 5 MS. IACOPl: Councilmember Smith. 5 6 COUNCILMEMBER SMITH: Yes. 6 7 MS.IACOPI: Mayor Gram. 7 8 MAYOR GRAM: Yes. 8 9 MS.IACOPl: Passed four ayes, one absent. 9 10 MAYOR GRAM: And finally, the resolution for 10 11 partially granting the Kol Shofar appeal of the CUP 11 12 denial, conditionally approving the CUP and adopting a . 12 13 mitigation monitoring program. And we have requested 'I' 13 14 revisions to that. . 14 15 And are there any staff revisions to that? 115 16 MR. ANDERSON: Yes. There are a couple minor 16 17 staff revisions. The first one deals with page 9, 117 18 Condition 5B -- Roman numeral "I," small "b." There is a 18 19 reference in there to CKS. And based on the latest Crane 119 20 letter that was in your packet, the recommendation is to . 20 21 strike "CKS" and replace that with "Corte San Fernando." 21 2 2 And that has to do with the placing of temporary "no 2 2 2 3 parking" signs along that stretch of Black field Drive 2 3 2 4 during very large events. 24 25 MAYOR GRAM: Any comments on that request? 25 Page 80 COUNCILMEMBER FREDERICKS: No. MA YOR GRAM: And then on I think the next one is page 5, F, "unilaterally." We heard the explanation from staff on that. Does anyone want to accept that request" COUNCILMEMBER FREDERICKS: No. MA YOR GRAM: That's okay? MR. RAGGHIANTI: Yes. Thank you. MAYOR GRAM: It got rejected anyway. And then on page 7, I believe it's where it says in B, Roman No.2: Except for High Holy Day services, and those events listed in 4B(iv). Did we resolve that? COUNCILMEMBER BERGER: Yeah. MAYOR GRAM: So that's acceptable. COUNCILMEMBER SMITH: 13, delete the last sentence. MAYOR GRAM: That's paragraph 13 on page 14, and the request is to delete: "Notwithstanding the foregoing, the Town will not approve any such amendment request that is contrary to a compelling Town interest." Is there a desire to accept that? COUNClLMEMBER FREDERICKS: No. COUNClLMEMBER BERGER: No. I don't think w have to do that. Page 79 1 Any other staff revisions? 2 MR. ANDERSON: Yes. On page 10, there is an 3 incorrect reference to a prior condition. There's a 4 reference to BRoman numeral II. And actually, that 5 should be B Roman numeral I. Very minor. 6 MAYOR GRAM: Anything else? 7 MR. ANDERSON: Only the changes that were 8 suggested by Mr. Ragghianti and Mr. Zack. 9 MAYOR GRAM: Right. So I'm asking you, are 10 there any other staff revisions? Then we will deal with 11 the request with -- 12 MR. ANDERSON: There are no further staff 13 14 15 16 17 18 19 20 21 22 23 24 25 revisions. MAYOR GRAM: Let's deal with the request by Kol Shofar. The first one I believe is in the first l1whereas." "Noticed public meeting," add an "S." Any problem with that, make it "meetings"? MR. RAGGHIANTl: And add February 21st. I COUNCILMEMBER SMITH: And add February 21 st1 MAYOR GRAM: Okay. That's G. I COUNClLMEMBER SMITH: February 21st. I I MAYOR GRAM: G, you want to add February 21st? I MR. RAGGHIANTl: Yes. I . I MAYOR GRAM: Any problems With that? I COUNCILMEMBER BERGER: No problem. Page 81 1 MAYOR GRAM: And then in the table. there was a 2 request. Does anyone have a problem with the change that 3 Howard requested in the table? 4 COUNClLMEMBER SMITH: I don't have a problem 5 with it. 6 MA YOR GRAM: Putting in a hyphen, I think it 7 was. 8 COUNClLMEMBER SMITH: And 15 and 400 on both 9 MA YOR GRAM: Is that acceptable? 10 COUNCILMEMBER FREDERICKS: Yes. 11 COUNCILMEMBER SMITH: Any reason? 12 MA YOR GRAM: Are there any other revisions? 13 MR. ANDERSON: Yes. There is one more 14 collateral revision. It deals with the doors and windows 15 being open in the multi-purpose room. This is an 16 amendment to Exhibit B, which is the mitigation honoring 17 program. The language in that document should reflect 18 what's in the condition, which you've already agreed to 19 change. 20 MAYOR GRAM: And you will make those changes? 21 MR. ANDERSON: I will make that change. 22 MAYOR GRAM: Okay. Does anyone have a concern 23 with those changes? 24 Anything else? Is there a motion to adopt the 2 5 resolution partially granting the Kol Shofar appeal of 21 (Pages 78 to 81) Page 82 1 the CUP denial, conditionally approving the CUP and 2 adopting a mitigation monitoring program as amended? 3 COUNCILMEMBER FREDERICKS: So agreed. 4 COUNCILMEMBER BERGER: Second. 5 MA YOR GRAM: Call Toll, please. 6 MS.IACOPl: Councilmember Fredericks. 7 COUNClLMEMBER FREDERICKS: Yes. 8 MS.IACOPI: Councilmember Berger. 9 COUNCILMEMBER BERGER: Yes. 10 MS.IACOPI: Councilmember Smith. 11 COUNClLMEMBER SMITH: Yes. 12 MS.lACOPI: Mayor Gram. 13 MAYOR GRAM: Yes. 14 MS.lACOPI: Passed four ayes, one absent. 15 MA YOR GRAM: That concludes this matter. 16 Thank you. 17 (Proceedings adjourned at 9:45 p.m.) 18 ---000--- 19 20 21 22 23 24 25 22 (Page 82) TOWN COUNCIL MINUTES (~l~;:cf ~lkh~ 112 C' z" , ~ ..'''' ./ . c e~cf~. CALL TO ORDER Mayor Gram called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 7, 2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS; COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz Smith PRESENT; EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Director of Public Works/Town Engineer, Director of Administrative Services Bigall, Interim Chief of Police Hutton, Town Clerk Crane Iacopi Prior to the regular meeting, Council met in closed session, beginning at 6;30 p.m., to discuss the following; CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54946.9(a)) Bonander and Mulberg v. Town of Tiburon Appeal Town ofTiburon v. Persons interested in the Validity of the Del Mar Undergrounding Supplemental Assessment District INTERVIEWS (7:00 p.m.) Design Review Board - two vacancies Town Representative to Hilarita Board of Directors - one vacancy 1. Frank Glassner, 11 Turtle Rock (Applicant for Design Review Board) 2. Mike Burns, 520 Ned's Way (Applicant for Hilarita Board) Mayor Gram said that the Council interviewed one applicant [Mr. Glassner] and that the second applicant had cancelled his interview. Mayor Gram said that more interviews would take place at the next Council meeting and appointments would be agendized, as well. Town Council Minutes # 05-2007 March 7, 2007 Page I CLOSED SESSION ANNOUNCEMENT Mayor Gram said that litigation was discussed in closed session but that no action was taken. ORAL COMMUNICATIONS None. CONSENT CALENDAR 1. Town Council Minutes - February 7, 2007 (transcript of meeting) 2. Town Monthly Investment Summary - Adopt Reports for December 2006 and January 2007 (Director of Administrative Services Bigall) 3. Town Audit Report - Accept Annual Audit Report for Fiscal Year ended Jnne 30, 2006 (Director of Administrative Services Bigall) 4. Mid-Year Municipal Budget Review - Accept Report for Mid-year review of Municipal Budget for Fiscal Year 2006-07 (Director of Administrative Services Bigall) 5. Town Audit Services - Authorize Town Manager to Execute Audit Agreement for Fiscal Year 2007 (Director of Administrative Services Bigall) Councilmember Fredericks asked to remove Item No.4 in order to hear a report on what had occurred since adoption of the fiscal year budget. MOTION; Moved; Vote: To adopt Consent Calendar Item Nos. 1,2,3 and 5, as written. Fredericks, seconded by Slavitz AYES: Unanimous ABSENT; Smith ACTION ITEMS 1. Appointments to Town Boards, Commissions & Committees - (Town Clerk Crane Iacopi) a) Reappointments to Fill Term Expirations on Planning Commission, Parks & Open Space Commission, and Jt. Recreation Committee b) Appointment to fill Current Vacancy on Hilarita Board of Directors b) Mayor Gram reiterated that the applicant for Hilarita Board had cancelled his interview. Town Council Minutes # 05-2007 March 7, 2007 Page 2 a) Town Clerk Crane Iacopi said that a number of commissioners' terms had expired at the end of February. Several of these commissioners had decided to step down or had already resigned, according to Crane Iacopi. She said that these commissioners, Kirk Beales, Liz Bird and Diane Smith, would be recognized at the next Council meeting. The Town Clerk said that the remaining commissioners had all informed the Town of their interest in serving another term. She recommended that the Council consider reappointment of the following commissioners whose terms had expired on February 28,2007; Emmett O'Donnell (Planning Commission) Mindy Canter (Parks & Open Space Commission) Liz Schmidt (Heritage & Arts Commission) Jerry Riessen (Jt. Recreation Committee) Priscilla Tripp (Jt. Recreation Committee) MOTION; Moved: Vote; To reappoint the aforementioned commissioners to another four-year term; Berger, seconded by Fredericks AYES; Unanimous ABSENT: Smith 2. Full-time Emergency Services Coordinator - Consideration of Reclassification of position from Part-time to Full-time Status (Interim Chief of Police Hutton) Interim Chief Hutton gave the report which recommended reclassification of the Emergency Services Coordinator position from part-time to full-time and reinstatement of the Public Services Aide (PSA) l6-hour per week position. Interim Chief Hutton said that the success of the Get Ready program had shown the need for on- going training and maintenance of the disaster preparedness program on the Tiburon Peninsula. In addition, the full-time position would allow time for the coordinator to seek funds and grants for other programs. Interim Chief Hutton recommended the incumbent, Laurie Nilsen, for this position. The Interim Chief said that the City of Belvedere would contribute a proportionate amooot (25%) to this increased cost. He said that the net cost to the town for the balance of the fiscal year would be $3,655. Town Manager Curran said that training volunteers for the disaster preparedness program was very labor intensive; she said that the $17,000 annual increase would result in close to doubling the amount of time spent on this program. Ms. Curran also recommended that the Council endorse the recommendation. Cooocilmember Slavitz asked how the PSA position would be filled. Interim Chief Hutton said that the Town would recruit for the position; he said that it was a position that needed to be filled. Town Council Minutes # 05-2007 March 7, 2007 Page 3 Mayor Gram asked about specific goals were for the disaster program in the next fiscal year (2007- 2008). Interim Chief Hutton said that the CERT program training was a huge goal; he also said that the Town had a state mandate to update its Emergency Services Plan every four years which would come due in the coming year. This would require a substantial amount of work, according to the Chief. Councilmember Fredericks said that she had served as the Council representative to the Jt. Disaster Advisory Council for the last six or seven years. She said that for 6 and a half years, the Council had focused on CER T; she said that repeated effort and training was required in order to keep volunteers connected and that Ms. Nilsen had helped bring in the professionals and resources in order to do this. Councilmember Fredericks said that the next efforts of the Disaster Council would focus on volunteer center staffing and water transport. She said that the only way to have an effective emergency preparedness plan was to involve the citizens; Ms. Fredericks said that Ms. Nilsen was instrumental in putting the Get Ready 94920 program together and had been extremely effective in this endeavor. Mayor Gram opened the public hearing. Jt. Disaster Advisory Council Chair, Dr. Tom Cromwell, said that after Hurricane Katrina, there was a groundswell of public interest in disaster preparedness; he said that a task force had come up with the idea of the Get Ready Program, which had been funded by both cities (Belvedere and Tiburon), as well as the foundations of both of those cities. He said the program had been astoundingly successful and that a great deal of effort towards this success had been expended by Ms. Nilsen. Dr. Cromwell elaborated on future goals of the Disaster Council, including the development of an early warning system, water evacuation plan, shelter management, volunteer center, and the development of a medical reserve corps. He said that these goals would require coordination, and that staffing the position on a full-time basis with a passionate individual who could sustain the programs was essential. Mayor Gram closed the public hearing. MOTION: Moved; Vote: To approve the reclassification of the Emergency Services Coordinator, as written. Fredericks, seconded Slavitz AYES; Unanimous ABSENT; Smith 3. Special Event Permits for Events in Downtown or at Shoreline Park - (Town Risk Committee) a) Permit for Expanded Area at Pt. Tiburon for Wine Festival on May 19, 2007 (Chamber of Commerce, Applicant) Town Council Minutes # 05-2007 Morch 7. 2007 Page 4 b) Permit for Street Closure of Main Street for Friday Nights on Main from May 25 through October]2 (Chamber of Commerce, App]icant) c) Permit for Street Closure on Paradise Drive on June 16, 2007 for Classic Car Show (Tom O'Neill, Applicant) d) Permit for Use of Ferry Plaza area on June 30, 2007 for Angel Island Walk (American Volksport Association, Applicant) e) Permit for Closure of Upper Main Street on August 25 & 26 for Art Festival (Chamber of Commerce, Applicant) Town Clerk Crane Iacopi gave the report. She said that some ofthe permits were for recurring events (Wine Festival, Friday Nights on Main, and Classic Car Show). All had been well received by the community in the past, according to the Town Clerk. The permits for these events were basically the same as the permits approved by the Town Council last year, with minor exceptions. Town Clerk Crane Iacopi said that there were two new events this year, as well. One, the Angel Island Walk, sponsored by the American Volksport Association, would be the final event of the group's annual convention in Sacramento. The second was another Chamber-sponsored event, the Tiburon Art Festival, planned for later in the summer on upper Main Street. Crane Iacopi said that representatives of all the events were in the audience to answer any questions that the Council might have. Mayor Gram asked that each permit request be considered separately. a) Permit for Expanded Area at Pt. Tiburon for Wine Festival on May 19,2007 (Chamber of Commerce, Applicant) Town Clerk Crane Iacopi said that the applicant had requested an expanded area for the annual event that would require encroachment onto Town property (Paradise Drive). She said that the applicant had also requested additional police services over the previous year. Interim Chief Hutton explained that this would require closure of one lane in the westbound direction but that traffic would be diverted into the second (turn) lane. Likewise, a portion of Tiburon Boulevard, contiguous to Paradise Drive, would be closed. Steve Sears, representing the Chamber, said that the increased space would help accommodate the crowd; he said that 1,000 - 1,200 tickets would be sold for the event. Mayor Gram asked whether thought had been given to parking for this many people. He suggested that ticket sales be linked to taking the ferry from San Francisco. Mr. Sears concurred and said that the time of the event coincided with one ofthe ferry runs. He said that more information could be added to the website, www.tiburonwinefestival.com. Town Council Minutes # 05-2007 March 7, 2007 Page 5 Mayor Gram said that participants should be encouraged to take the ferry not only to ameliorate the parking issue but to avoid a "drink and drive" problem. Mr. Sears said that he would take this suggestion; he said that it was a well-run event, with private security, and that it made a lot of money for the Chamber. With regard to the request for increased police assistance, Vice Mayor Slavitz asked whether two Tiburon police officers would be assigned just to the wine festival. Interim Chief Hutton said that the two officers on duty that day would be assigned to the event. MOTION; Moved; Vote: To approve the permit application, as presented. Berger, seconded by Fredericks AYES; Unanimous ABSENT: Smith b) Permit for Street Closure of Main Street for Friday Nights on Main from May 25 through October 12 (Chamber of Commerce, Applicant) Town Clerk Crane Iacopi said that the applicant had requested increased police presence for this series of events, as well. Connie Wiley, representing the Chamber, said there seemed to be trouble containing the middle- school-age children during the evenings. She suggested that one officer be assigned to Main Street, while another could walk around on Juanita Lane or surrounding areas. Interim Chief Hutton said that this arrangement could be accommodated, as long as it was understood that the second officer might have to leave the scene in order to respond to other emergencies around town. Town Manager Curran said that Belvedere City Manager Rodericks had stated that the City of Belvedere would pay 25% of the police costs for the duration of this event. Ms. Wiley said that Friday Nights on Main had a later start this year in order to accommodate the Wine Festival. She said that this was the fourth successful year for Friday Nights on Main. She concluded her remarks by stating that the Chamber would offer free space this year to anyone in local retail and non-profit groups. Councilmember Berger asked whether there would be any theme nights, or music. Ms. Wiley said that there would be an Oktoberfest band, as well as a swing band for one ofthe evenings. Mayor Gram asked for clarification about the nwnber of police officers assigned to the event- one or two police officers. Steve Sears suggested that the Chief of Police and the Chamber could work together to determine how many were needed. Town Council Minutes # 05-2007 March 7. 2007 Page 6 Vice Mayor Slavitz asked if the number might increase to three, four or five officers. Mr. Sears replied that one-halfto one more (for a total of 1-1/2 or 2) police officers would be needed. Interim Chief Hutton agreed. Mayor Gram said that if more than two officers were requested, the matter should come back before the Council. In response to another question, Interim Chief Hutton said that the idea of a bike patrol officer was a good one; however, he said that only certain officers were trained for this patrol and that he might not be able to assign someone with these skills to the event. MOTION; Moved: Vote: To approve the permit application, as presented. Berger, seconded by Slavitz AYES; Unanimous ABSENT: Smith c) Permit for Street Closure on Paradise Drive on June 16,2007 for Classic Car Show (Tom O'Neill, Applicant) Town Clerk Crane Iacopi said this was a recurring event and that the applicant had asked for the same date to be approved in advance annually. Applicant Tom O'Neill said that his group had decided upon the Father's Day weekend Sunday as their preference. Mayor Gram said that the Council could only approve a permit on a case-by-case basis. Mr. O'Neill said that the show had been a success and was now accepted by the community, including the residents of Pt. Tiburon. Town Clerk Crane Iacopi said that no Town resources were requested for the event and that the Tiburon Fire Department provided barricades and traffic control for the street closure at Paradise Drive and Mar West (at the intersection with Caprice Restaurant). MOTION: Moved; Vote: To approve the permit application, as presented. Slavitz, seconded by Fredericks AYES; Unanimous ABSENT; Smith d) Permit for Use of Ferry Plaza area on June 30, 2007 for Angel Island Walk (American Volksport Association, Applicant) Town Clerk Crane lacopi said that this was a new event. Town Council Minutes # 05-2007 March 7, 2007 Page 7 She said that the walking association representatives had contacted the town a year ago and had presented a detailed logistical plan. She also said that they had arranged for parking with Main Street Properties and were providing bus service for participants from their Sacramento convention, as well. Councilmember Berger suggested a change in the placement of the registration tables in ferry plaza. Specifically, he recommended moving the tables closest to the grassy area, as well as those closest to the street, into the plaza area closer to the bicycle rack. He said the reason was to prevent people from accidentally stepping into the street, as well as to keep the area clear for pedestrian traffic to and from the ferry landing. Mr. Wayne Halloway, representing the Volksport Association, concurred with the request. He said that the majority of the walkers would be on the 9:00 a.m. Angel Island Ferry, a special run arranged with Ms. McDonough, for the group. He also said that cut-offfor registration was 12:00 noon, and that thereafter, they would be "out of the way." MOTION; Moved; Vote; To approve the permit application, as presented. Slavitz, seconded by Fredericks AYES; Unanimous ABSENT; Smith e) Permit for Closure of Upper Main Street on August 25 & 26 for Art Festival (Chamber of Commerce, Applicant) Asher Rubin, representing the Chamber, said the event was an outcome of the downtown economic development 'committee idea which sought to emphasize and promote the Ark Row area. Mr. Rubin said that the group requested two things; l. Main Street closure (Ark Row area only) on August 25 & 26; 2. A $2,000 contribution from the Town toward the event. Mr. Asher said that if the group cleared a profit, it would be earmarked for next year. However, he said that the contribution from the Town was requested because advertising and marketing would be expensive for such an event. Mr. Asher aid that volunteers from the Landmarks Society and Heritage & Arts Commission would be recruited to work on the event, and that there would be lots of involvement from the merchants, as well. Mayor Gram asked what sort of artwork would be featured. Town Council Minutes # 05-2007 March 7. 2007 Page 8 Mr. Asher said that it would be ajuried show, and that applications would be accepted. He said that the group had contacted the Marin and Sonoma Arts Councils for their mailing lists, in addition to various art galleries. He later specified that the show would feature paintings, sculpture, glass, jewelry and furniture. He said that they had been advised by experts that jewelry was a good seller for such events. Interim Chief Hutton responded to a question about street closure. He said that the street would be closed before Bellevue (so that Corinthian Island residents could go up) and after Eastview (so that they could go down). Town Clerk Crane Iacopi said that street closure was sought between the hours of 6;00 a.m. on Saturday, August 25, until 10:00 p.m. on Sunday, August 26. Mayor Gram asked whether the event could be set up in four hours (between 6;00 a.m. on Saturday and the start time of 10:00 a.m.). Mr. Asher said that it could, with enough volunteers. Mayor Gram asked whether police services were requested. Mr. Asher said that the Chamber planned to hire two private security guards at night and requested two Tiburon police officers' assistance during the day. Interim Chief Hutton said that his chart (contained in the staff report) reflected a total of 16 hours over two days of police time, or $1,200 worth of police time. Mayor Gram asked whether assistance was requested from the town's Public Works Department. Mr. Asher said no, that the group would provide their own trash cans and clean-up for the event. Town Manager Curran added that the Town's public works personnel usually ended up being tapped for such events. She said that while their assistance was not requested, they were often help out, if needed. However, Ms. Curran said that because the Town was donating an in-kind contribution (police services) to this and other Chamber-sponsored events, she did not recommend a monetary contribution. Councilmember Fredericks said that the application stated that traffic safety and police services would be reimbursed to the Town. Mr. Rubin said that she was correct, but that he would like to have those fees waived, and that he would like the Town to make a $2,000 contribution, as well. Town Council Minutes # 05-2007 March 7, 2007 Page 9 In conclusion, Mr. Rubin said that Tiburon was an "upscale community" and that the event would strive to feature high quality artwork. Councilmember Berger said that the art show was a great idea. He likened it to Friday Nights on Main which had become a huge success, and noted that the Council had funded it initially with a contribution of $10,000. He said that if the event cleared a profit, it might reimburse the town for police services. Mayor Gram asked whether the applicant had sought a contribution from the City of Belvedere. Mr. Asher replied that they planned to see $1,000 in seed money from that city. Vice Mayor Slavitz concurred that the art show was a tremendous idea, especially on Ark Row, but said that the Town's contribution should be limited to its police and public work's assistance. Councilmember Fredericks agreed with the Vice Mayor. Mayor Gram suggested that the Town pledge $2,000 upfront which would be reimbursed ifthere was a profit. He endorsed the idea of providing police assistance without reimbursement. Mr. Asher said that the organizers would be happy to reimburse the Town if "we come close to the projected profits." Town Manager Curran sought clarification, stating that if the group cleared a profit of just $2,000 over budget, the Town would be reimbursed. Mr. Asher agreed with this statement. MOTION; To approve the permit application, as presented, including an "advance" of $2,000 and police and/or public works' assistance, as discussed. Slavitz, seconded by Berger AYES: Unanimous ABSENT: Smith Moved; Vote: 4. Safety Trimming of Trees at McKegney Green/South KnoIl- Request to Approve Work and Authorize Budget Amendment (Director of Public Works/Town Engineer Nguyen) Director of Public W orks/T own Engineer Nguyen gave the report. He said that in May of 2006 a blue gum eucalyptus had failed and dropped a large branch on the multi-use path in the vicinity of McKegney Green and South KnolL While no one was hurt in this incident, the Town asked Marin Tree Service to prepare a report on the condition of the other trees that were located on public property in the surrounding area. A second, more extensive study was undertaken by arborist Ray Moritz at a later date. Town Council Minutes # 05-2007 March 7, 2007 Page 10 Both reports were presented to the Parks and Open Space Commission which voted 4-0 in favor of the recommended safety trimming. The Commission directed the Public Works Department staff use its judgment in interpreting the recommendations of the reports as to the trimming or removal of certain trees. The Director said that staff sought a budget amendment in the amount of $15,000 to perform the work. Vice Mayor Slavitz asked about Tree #9 in the Moritz report which might be removed for reasons other than safety. Director Nguyen said that he would seek further information from Mr. Moritz and Assistant Superintendent Davenport on what to do about this tree. Mayor Gram opened the public hearing. Al McKee, President of Little Reed Heights/Tiburon Knolls Property Owner's Association, noted that the staff report had focused primarily on safety. He said that the property owners in Reed Heights and Del Mar had other issues, as well. Mr. McKee said that for many of the property owners, the trees were an "overgrown bunch of weeds." He said that their were at least two dozen trees that were 40+ feet tall that were blocking the views from homes in the area. He said that this condition would continue to worsen over time. McKee said that some homeowners wanted to have the eucalyptus trees removed completely and replaced with shorter, mature trees; cost estimates received were in the vicinity of $60,000. In the long run, such an expenditure would make sense and he asked the Council to consider it. Mayor Gram asked whether Mr. McKee had talked with the homeowners about raising the money to perform the work. McKee suggested that they might split the cost with the Town. In response to a question from Council, Director of Community Development Anderson verified that the Town's policy for tree trimming or removal on public land was that it would be at the applicant's cost. Mayor Gram closed the public hearing. Councilmember Berger commented that the staff-recommended work seemed sensible for safety reasons as well as for beautification of the area. MOTION; Moved: Vote: To approve the work and budget amendment, as written. Berger, seconded by Slavitz AYES: Unanimous ABSENT: Smith Town Council Minutes # 05-2007 March 7, 2007 Page 11 Consent Calendar 4. Mid-Year Municipal Budget Review - Accept Report for Mid-year review of Municipal Budget for Fiscal Year 2006-07 (Director of Administrative Services Bigall) Director of Administrative Services Bigall gave the report. She said that operating revenues were at 43% of budget at mid-year and that expenditures were at 47%; this provided a net operating loss of $207,000. However, Ms. Bigall said that operating revenues were expected to increase $226,000 over budget by year end. This would be due in part from projected investment earnings through the Local Agency Investment Fund (LAIF) in the amount of$120,000, an earlier than expected receipt of SB 90 (state mandated reimbursement) funds, and notification from the County of an ERAF rebate of $75,000 over budget. Director Bigall said that staff still projected that operating expenditures would be at budget for the remainder of the fiscal year with the exception of the Administrative Services Department which was projected to be $30,000 under budget, largely due to staffing changes. She said that the Legal Services department which would be $30,000 over due to litigation costs. Overall, Director Bigall projected a General Fund surplus of$359,000 at fiscal year end. However, she cautioned that this was the last year that the Town would have its retirement benefits funded through PERS. Next year, the Town would have to use 100% general fund monies to fund retirement costs. Vice Mayor Slavitz asked if the recommendations of Town Treasurer Osher to diversifY investments had been implemented. Director Bigall said that the Town had set up an account with Smith, Barney but that LAIF was currently paying upwards of 5% on the Town's money. Bigall said that LAIF funds were also liquid assets as opposed to the CD's recommended by Mr. Osher. MOTION: Moved; Vote: To accept the report, as written. Fredericks, seconded by Berger A YES; Unanimous ABSENT; Smith TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT Town Council Minutes # 05-2007 March 7, 2007 Page 12 WEEKLY DIGESTS . Town Council Weekly Digest - February 23, 2007 . Town Council Weekly Digest - March 2, 2007 ADJOURNMENT There being no further business before the Town Council ofthe Town of Tiburon, Mayor Gram adjourned the meeting at 9:05 p.m., to the next Council meeting scheduled for March 21,2007. TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 05-2007 March 7. 2007 Page 13 TOWN OFTIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 21, 2007 Agenda Item: Cc - ") ( (~,~ C 'cl~\d~r ] "I \I I I{I POI{ I To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Accept the Plaza Fountain Art Installation And Authorize The Filing Of The Notice Of Completion For The Work ~ Reviewed By: BACKGROUND On February 2,2005, the Town Council selected the Coming About fountain design by Reed Madden Designs (RMD) as the finalist for the downtown plaza fountain art project and subsequently entered into a contract with RMD. At the time Coming About consisted of a 22- foot-diameter, I8-inch deep pool with seven stainless steel kinetic sail elements, and appurtenant plaza reconstruction. The Council later approved the concept plan for the improvement of the downtown plaza prepared by Pedersen Associates (P A) on March, 1, 2006, and subsequently approved entering into an agreement with P A to provide construction drawings, estimates, and inspection services on March 15, 2006. This work would be separate but contiguous with the fountain project. Changes to the RMD scope of work were approved by Council on April 5, 2006, which refined various design elements of the fountain. On June 7, 2006, the Council approved a contract amendment that expanded RMD's limits of construction to include the construction of the outer perimeter concentric concrete design ring, fabrication and installation of three feature benches that match the fountain benches, miscellaneous concrete work, and additional excavation, which are all consistent with and called out in the P A plaza design. The work was shown to the public on October 28, 2006, and completed on December 5, 2006. The plaza improvements, which were performed by local vendors and Town forces, included the installation of new brick surfaces, new above-ground planters, planting of five new trees, a new landscape area, and new benches. 1 ,~\\ 11 ( \1llt'c:l \kcting The completed fountain work including revisions mentioned above totaled $312,975. The initial contract amount was $253,500. The Pedersen Associates design fee for the plaza improvements was approximately $18,346. The plaza improvement construction cost was approximately $236,611. A one-year warranty on the electronics and pump mechanism is in place; while a five-year warranty exists for the "art work" which consists of the sails and related mechanism. RECOMMENDATION Staff recommends that the Town Council: Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council, and upon completion of the 35 day period, release the retention funds to the contractor. Exhibits: Resolution Accepting the Plaza Fountain Art Installation And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Nicholas T. Nguyen, Director of Public WorksITown Engineer !',I\.:;\.2 \)1 ) I ' \ \. ", \~ ill'; I:' I' , RESOLUTION NO. _- 2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE PLAZA FOUNTAIN ART INSTALLATION AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR TIfF. WORK WHEREAS, the Town Council budgeted funds in Fiscal Year 2006-2007 to complete the project; WHEREAS, Reed Madden Designs was contracted on August 31, 2005 to perform the work; WHEREAS, The construction of the project was completed on December 5, 2006; and WHEREAS, The final design and construction cost, including payment of total quantities installed is $312,975. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the construction of the Plaza Fountain Art Installation as complete by Reed Madden Designs. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to release the retention payment 35 days after the recordation date of the Notice of Completion, pending release of any stop notices or Town claims. PASSED AND ADOPTED at a regular meeting of the Town Council on the 21" day of March, 2007, by the following vote, to wit: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TffiURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK When recorded mail to: Town ofTiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 SPACE ABOVE lHIS LINE FOR RECORDER'S USE Town of Tiburon NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there bas been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 5th day of December, 2006 and accepted the 21st day of March, 2007; that the name, address and nature of the title of the party giving this notice is as follows: The Town ofTiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town bas an easement; that said work or improvement is described as follows: Plaza Fountain Art Installation and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is Reed Madden Designs I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on ,20_. TOWN OF TIBURON A Municipal Corporation By: Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer 1/2 STATE OF CALIFORNIA COUNlY OF MARIN On this day of , 20~ before me, DIANE CRANE IACOPf, Town Clerk of the Town of Tiburon, County of Marin, State of California, residing therein, persona1ly appeared Nicholas T. Nguyen, persona1ly known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hisJherltheir authorized capacity (ies), and that by hislherltheir signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature DIANE CRANE IACOPI, Town Clerk 2/2 ( (I! S ,:.,- t. (.! (C., (f' ?' ..a... ...... ", ," ^^.:.::..' "'::" F A I RHO U 5 I N G of MAR I N Tkw.-.7f 1.1 615 B Street, San Rafael, CA 949010 Tel: (415) 457.5025 0 Fax: (415) 457.63820 Website: www.fairhousingmarin.com RECEIVED February 14, 2007 FIB 'i 6 Z007 Mayor City of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 C~4M Dear Mayor ~.i'l1: ~(dJ'i~ :',"'J\;'J,',)~i<0 OFFICF mV\;N OF T;'BUF<ON In April 2007, Fair Housing of Marin will once again celebrate Fair Housing Month as a reminder that equal housing is not only state and national policy, but a fundamental human concept that the people of our County embrace. We would like to ask you to issue a Proclamation declaring April as Fair Housing Month. We ask you, once again, to be part of this effort and issue such a proclamation. A sample of the wording is enclosed for your information. Proclamations will be read at the Fair Housing Poster Contest Awards Ceremony on April 5, 2007 at 11 :00 at the Marin County Board of Supervisors Chambers in the San Rafael Civic Center. Also, your proclamation will be mentioned in our literature and press releases regarding Fair Housing Month. If you have any questions, please contact me at (415) 457-2390 x 108 or aames@fairhousingmarin.com. Your leadership in this effort is vital because during Fair Housing Month we strive to emphasize the rich cultural diversity of our citizens. Sincerely, ~~ Adriana Ames Education Director TOWN OF TIBURON PROCLAMATION IN SUPPORT OF FAIR HOUSING MONTH April 2007 WHEREAS, the principle of fair housing is not only national law and national policy but a fundamental human concept and entitlement for all citizens; and WHEREAS, discrimination based on race, national origin, gender, disability, familial status (exclusion of minor children), religion, marital status, and sexual orientation is illegal in California; and WHEREAS, as a community we welcome all good neighbors, recognizing the contributions and richness tendered by a wide variety of young and old, male and female, people of all colors and ethnic backgrounds, religious traditions, etc; and WHEREAS, during the month of April, interested parties from both the private and public sectors will participate in a national effort to promote fair housing; NOW THEREFORE I, Tom Gram, Mayor of the Town of Tiburon, do hereby proclaim the month of April 2007 to be FAIR HOUSING MONTH in the Town of Tiburon and urge all residents of our community to personally adopt the spirit of equal housing opportunity and to adhere to the letter and spirit of the Fair Housing laws whenever applicable. IN WITNESS WHEREOF I have hereunto set my hand and caused the seal of the Town of Tiburon to be affixed this day of 21st day of March 2007. TOM GRAM, MAYOR TOWN OF TIBURON 100 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 21, 2007 Agenda Item: C'c - S- ( (~~i-Cc~clq ) STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Approve services agreement for contract planner to assist with Rabin/S,O.D.A, Precise Development Plan application e Reviewed By: BACKGROUND The Town of Tiburon has received an application (the Rabin/SODA Precise Development Plan application) proposing 14 lots on 50 acres off Paradise Drive. The project is likely to be controversial and is expected to require an ErR and be very staff-intensive to process in a timely manner. Planning Division staff anticipates the need for a contract planner to supplement in- house resources on the processing of this application. I am recommending that Diane Henderson, a long-time planning consultant in Marin County and former Planning Director of the Town of Corte Madera, City of Sausalito, and City of Belvedere, be retained to assist Town in-house staff with processing of this application. FINANCIAL IMPACT The contract planner will be compensated by application fees submitted by the applicant. There will be no appropriation necessary from the general fund. RECOMMENDATION It is recommended that the Town Council authorize the Town Manager to negotiate and execute a professional services agreement with Ms. Henderson for professional planning services. EXHIBITS I. Draft Services Agreement and Scope of Work. Prepared By: Scott Anderson, Director of Community Development AGREEMENT FOR PLANNING SERVICES THIS AGREEMENT, made and entered this _ day of ,200_, by and between the TOWN OF TIBURON, a political subdivision of the State of California, hereinafter called "Town," and DMH LAND USE PLANNING, hereinafter referred to as "Consultant," RECITALS A. The Town of Tiburon's Planning Division is desirous of retaining professional contract planning services to augment in-house resources for a limited duration in conjunction with the RabinlS.O.D.A. Precise Development Plan application. B. The Town has determined that Consultant is qualified to provide the desired planning servIces. C. The Town wishes to contract for the Consultant to provide the services described in Exhibit A ("Services"), which is attached hereto and incorporated herein by reference. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform those Services described in Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible for the full performance of such services. 2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A. Payments shall be due thirty days after submission of an itemized invoice showing work actually completed. Consultant shall submit invoices on a monthly basis for time and materials actually expended. Consultant's fee shall not exceed $30,000 without prior Town approval of an amendment to this agreement. 3. Standard of Work; Indemnity. Consultant shall perform the services in a skillful and professional manner compatible with the usual, customary standard of Consultant's profession. Consultant shall indemnify, defend and hold Town harmless from and against claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent act or omission of Consultant's in the performance of the Services pursuant to this Agreement. 4. Consultant as Independent Contractor; Indemnity. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and Agreement--Contract Planner rabin-soda. doc I responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 5. Attendance at Hearings. If requested by the Town Director of Community Development, Consultant shall appear at litigation and/or administrative hearings that pertain to the Services. Town shall reimburse Consultant for such appearance(s) at the hourly rate specified in Exhibit A. 6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as an additional insured to all required insurance policies, and a copy verifying said addition shall be submitted to Town: A. Comprehensive General Liability; Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for each single occurrence and $2,000,000 annual aggregate. 8. Ownership of Documents; Re-Use; Indemnity. All documents prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the Services described in the Exhibit A. 9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance ofthe Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13. Consultant shall resume work upon the cancellation ofthe Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. 10. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Agreement--Contract Planner rabin-soda. doc 2 Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 11. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 12. Discrimination. In the performance of the terms ofthis Agreement, Consultant shall not engage in nor permit others he may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. 13. Miscellaneous. A. Other Contract Provisions. Other contract provisions are set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governing Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability ofthe remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement; Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. 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'"lIB ~ljllOJ UOlSS~S jjuldoJS JI[qnd n!Uujjlo puu sS~Jold ApnlS l'HllUlljj!M lS!SSY 'S 'SlU~lU~lmb~l ~lU1S ~lqUJllddu AUU SU IpM su s~DIJod pue S~JUUUlplO ~lqUJIJddu l~ljjO puu s~Ulppmll lUlu~lUUOlIAU~ 'SlU~lU~l!nb~l lUllllUqns s,uMol Oljuensmd SS~U~l~[dlUOJ lOJ sluu~jBlU UO!lUJIJddu M~IA~"lI 'Z 'S[UU~jUlU UOljUJI[ddu SSnJSlp olJJUjS UMolljl!M j~~W 'p~[OldJo ~dOJS ljjlM lU1!llUUJ ~lUOJ~q OJ SIUU~jUlU p~[Old M~!A~"lI 'UMOl ~ljjlUOlJ SIUP~jUlU UOljuJIJddu puu UOljUUUOJU! lUJUOjSllj UlUJqO '1 :l~lluuuW llUluUUld 'snolluM Uua lO/PUU jU~lUdopA~a AjlunlUlUoJ JO lOp~l!a 'UOSl~PUV 1l0JS JO uOls!Al~dns ~ljjl~PUfl llU!lIUUld ~sJl puu, HWa Aq S~JIAl~S LOOZljJlUW uomq!lJo UMOl uUId )U~lUdopA~a ~SIJ~ld (s~lqO"lI ullY) V'a'o's(U!qu"lI StlJIA"lItlS dO tldOJS V lI8IHXtl 11. Coordinate with Town staff and interested agencies to ensure a thorough review of the proposed annexation, prezoning and Precise Development Plan. 12. Prepare environmental documentation, staff reports, resolutions, ordinances and other documents as necessary to assist Town staff, Planning Commission and/or Town Council in the review and decision making process. 13. Attend public hearings and present staff reports, as necessary. 14. Coordinate with applicant, Town officials, County and LAFCO staff and officials, other agencies, interested groups, and the public, as necessary. IS. Prepare progress reports for Town management as necessary. All work is billed on an hourly basis; the current rate is $ 135/hour. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon. CA 94920 Town Council Meeting March 21, 2007 Ag~nda Item: {'C - ~' ( (, (\~;4(cJ U,'(/c'. ) ST AFF REPORT To: Mayor and Members of the Town Council From: Town Manager Subject: Declaration Proclaiming March 18, 2007 to be Robert L. Kleinert Day in Tiburon, California Attached is a Declaration proclaiming March 18,2007 to be Robert L. Kleinert Day. The Mayor made this declaration in his personal capacity so that it would be timely for the memorial service and to order flags to be flown at half staff on Town facilities that day. Town Council is now asked to make this declaration on behalf of the entire Town of Tiburon. A copy of it will be provided to Bob's Kleinert's family and placed in the official records of the Town. Prepared By: Peggy Curran, Town Manager .\ TOWNOFTIBURON ~,~ 1505 Tiburon Boulevard Tiburon, CA 94920 T O\vn Council Meeting March 7. 2007 Agenda Item: -A- - I (<{c ft (ve IA fv< ~ '\ ST AFF REPORT To; Mayor and Members of the Town Council From; Office of the Town Clerk Reviewed By; Appointments to Town Boards, Commissions & Committees CI;/ ~ Subject; BACKGROUND There are existing vacancies on the following boards and commissions; . Design Review Board (two vacancies) . Heritage & Arts Commission (one vacancy) In addition to these vacancies, there has been a position open for some time on the Hilarita- Tiburon Ectttnenical Association Board of Directors for a Town-appointed representative. Pursuant to Town policy (Resolution No. 3263 "Appointments Procedure"), the Town advertised the above vacancies and received applications from a number of residents. The Council conducted one interview at its March 7 meeting and is scheduled to interview the remainder of the applicants at its March 21 meeting. One application has been withdrawn (for the Hilarita Board). RECOMMENDATION Staffrecommends that the Town Council: 1) Interview applicants and make appointments to fill the vacancies on the Design Review Board; 2) Interview applicants and make appointments to fill the vacancy on the Heritage & Arts Commission; 3) Direct Staffto continue to advertise and receive applications until all of the vacancies are filled. Exhibits: Applications/Letters ofInterest of John Corcoran, Maxine Rice, John Sanford Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON ~ 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting March 21, 2007 Agenda Item: A- 2 (Ac1i"~ T!eikj ) STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject; Annual Status Report on General Plan Implementation @ Reviewed By; BACKGROUND Government Code Section 65400(b)(1) requires that an annual report be prepared by the planning agency of each town or city, which is then forwarded to the appropriate legislative body, on the status of the General Plan and progress in its implementation. In Tiburon, the "planning agency" is the Planning Commission. The statute also requires a progress report on meeting the community's regional fair share housing allocations. State law also requires that the annual report be forwarded to the State Department of Housing and Community Development (HCD) and to the Governor's Office of Planning & Research (OPR) in Sacramento each year. ANALYSIS The Town Council last reviewed and accepted a General Plan Annual Implementation Status Report on October 4, 2006 as a fiscal year update. State law has been modified and now requires that all city and county planning agencies provide an annual report to the legislative body by April I of each year, thus changing the review period from a fiscal year basis to a calendar year basis. Although the Council only recently accepted a General Plan status report covering Fiscal Year 2005-2006, the Council needs to re-review any progress in the implementation of the programs for the remaining months of calendar year 2006 in order to comply with current state law. The California Department of Housing & Community Development (HCD) reviews these annual reports and makes them a part of its continuing evaluation of Housing Elements with respect to conformance with state law. Progress by Staff in the General Plan implementation programs since the October 2006 status report has not been substantial, as there has been a limited period of time between reviews, and other high-profile projects have absorbed much of Staffs time. The attached report has been updated since October 2006 to reflect progress made during the remainder of 2006. "L'wn (", \llh:i! )1, '2U()) PLANNING COMMISSION REVIEW The Planning Commission reviewed this annual report at its meeting of March 14,2007 and recommended Council acceptance of the report. The Planning Commission's comments were limited. Commissioner O'Donnell indicated a strong desire to move quickly on Program PR-a (p. 14) regarding recreational needs. He indicated his belief that improvements to the entire length of the Richardson Bay Lineal Park were in order, and that a piecemeal approach to the park improvement should be avoided. Chairman Fraser stated that the Status Report should be used more extensively as a budgeting tool. Commissioner Kunzweiler requested that the Planning Commission review the Town's Capital Improvement Plan prior to each budget cycle and the Commission agreed that this was desirable. FINANCIAL IMPACT None. RECOMMENDATION Staff recommends that the Town Council accept the Annual Report. Exhibits: Draft Annual General Plan Implementation Status Report for Calendar Year 2006, dated March 8, 2007 Prepared By: Scott Anderson, Director of Community Development I'd' ,. . !i )\".;;:- ,') Annual Progress Report Calendar Year 2006 Tiburon 2020 General Plan Introduction On September 7, 2005, the Town Council adopted a new General Plan, Tiburon 2020. This annual report is the second performed since that adoption. The first annual review was conducted in October 2006. State law changes now require annual implementation reports to be filed with the State in April of each year. Therefore, although only six months have passed since the prior implementation report was adopted; the Town is required to file another report. This report generally reviews progress on implementing programs contained within Tiburon 2020 during the Calendar Year 2006, with certain housing data covering the period 1999-2006. The purposes of this annual report are to: I. Provide information regarding how the General Plan is being implemented with respect to its adopted implementation programs. 2. IdentifY any approved or needed amendments to the General Plan. 3. Provide information as to specific actions taken and ongoing strategies and practices to implement the General Plan. 4. Provide information regarding the Town's progress in meeting its fair share of regional housing needs and efforts to remove governmental constraints. The Annual Report is organized by the eight elements in the General Plan, with a list of each implementing program and the status of that program, in the order that the element and implementing program appears in the General Plan. The eight elements of Tiburon 2020 are as follows: Land Use Open Space & Conservation Downtown Circulation Safety Noise Parks & Recreation Housing Tiburon 2020 Annual General Plan Implementation Status Report pc draft 3/8/2007 '" ~ :~ ~ '" <<: ... = " = '" "- .;: '" ~ " ~ '" -= -= ~ ....2 ,. .. ucii =~ " .- ~ ~ ; .~ uo.. 'C..: .. "- " " -'~ '" ~ .. e e " oo e .. ~ .. = ~ 0.. .. c ~~ " e e .. " ~ -.. "-= e ~ _0.. ~ ~ Q) ro ,,0 <u~..s:. 0 ?)j S ~.~ :.2 .'~ '<:t 0 g ] 's -a 'C Oo..s ~e- ~oo \OQ) "'O-gu 0;::4-< Uo C. 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'E. ::l ._ ;> :-;:: Ol.f 7 Vl E .~ ~ G.o ~ .E '~.5 Q ~ 8 -d 'Vi OIl = :g~ " E B " '" ... 'E..s !t " " ~ 1:: '" & Q :::: "" ~ "" ~ l! ~ "" " " !; .2- ?< {j " ~ 11 ~ 00 N " o o N ~ ~ <Ie I'! o " " s e & Q " .,g g ~ ." ~ "" 11 " ~ "" j ~ ~ .,< :<; J: 'C> " " !; ~ & Q 11 '" ~ ~. " !; ~ & Q " " !; .2- " ~ c- ." ~ !; !; (j 11 Q B '" o o N ~ '" " ... a '" " " OJ U ~ o 0. " c< ~ ~ !1 en " o .~ E " E '" 0. .5 " '" 0:: "i'! " " " o OJ ~ = = -<( '" N '" N " 2 ~ "" i-:: Peggy Curran, Town Manager Letter from John E. Sanford dated February 21,2007 Prepared By: Exhibit: Staff recommends that the Town Council: Consider comments from Mr. Sanford regarding the widening. If the Council wishes to reconsider its prior decision to widen the path, staff recommends the matter be placed on a future agenda. RECOMMENDATION On January 3,2007, the Town Council approved the MMWD project. It includes a condition that the path be widened by 4' through the addition of a decomposed granite (DG) path on the north side. In other words, the existing path width consisting ofa 10' paved surface and a 4' DG path on the south side will remain, and an additional 4' path ofDG will be added. The contract specifies that the new north side path may be reduced to 3' through the "notch" area if necessary. The agreement with MMWD was executed on January 10, 2007. Mr. Sanford correctly points out that the neighbors abutting the MUP were never sent a direct notice from the Town on this project. While this is unfortunate, there were many times in various forums when the project, including potential widening of the path, was discussed in a public setting. There was a front page article in The Ark newspaper (2/16/05), as well as an article on the subject in the Town's Newsletter (April 2005) which was mailed to all residents. The MMWD pipeline project was considered over several years, including discussions on potential MUP widening, at multiple meetings ofthe Bicycle/Pedestrian Advisory Committee, the Parks and Open Space Commission and the Town Council. All meetings were publicly noticed in the normal manner. Mr. John Sanford, who resides at 60 Pine Terrace, Tiburon, has asked to address the Town Council regarding the scheduled widening of the Multi-Use Path (MUP). His letter to this effect is attached. BACKGROUND Request of John Sanford to address the Town Council regarding the anticipated widening of the Multi-Use Path as part of the MMWD Fire g:cement Project Reviewed By: Subject: Town Manager From: Mayor and Members of the Town Council To: STAFF REPORT Town Council Meeting March 21, 29fjJ? Agenda Item: /1-:3- (1-CI?C~l' J}tVc{ ) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 February 21,2007 To the Tiburon Town Council: There are at least 14 separate properties that border the MUP in the approximately 400-yard length from Pine Terrace to Palmer Court. (Tiejde through McVicker properties.) The Town ofTiburon never contacted the owners of these properties in connection with the proposed widening of the MUP. We respectfully requcst that the 400-yard section o['the MUP that borders our properties be removed from the widening plan. Our request is made in the interests of economy and safety. Our 400-yard section includes a very steep sided gap known to the Town Engineer as the "Notch". I understand that the Town Engineer has estimated that widening the path in that area will cost betwcen $60,000 to $80,000. We don't think that makes economic sense or any sense on a cost/benefits basis. There is a serious safety issue on the 400-yard section of the MUP that borders our properties. There are two major feeder paths that enter the MUP in that section. By widening the path, you will be encouraging speeding bikes to go even faster in this busy area. By our empirical observation, in living adjacent to the path for more that 17 years, the problem is not congestion, but speeding bicycle~.~pecding bikes, particularly by aggressive, hostile, young men,):ia very serious hazard to walkers, parents with children, to children on tricyclcs, to thc handicapped, to seniors and to dogs on leashes. The attraction of the children's playground and the tot playground at the South of the Knoll Park creates a serious safety issue in ollr 400-yard section of the MUP. This is a very busy area. What is needed is a way to slow down speeding bikes. We suggest, first, do not widen the path in this section. Instead, paint bright chevron marking on the path that indicate a narrowing of the path, together with painted signs on the path that indicate: "Cross Traffic Ahead", "Children Ahead," "Danger Ahead," "Slow Down!" If that doesn't work, you might consider speed bumps together with warning signs. If that is not a viable alternative, we suggest that you deputize and pay a resident of the area (such as our fine neighbor, retired San Francisco police officer, Doug Mitchell) with a badge, a uniform and a baton and give him the authority to issue speeding tickets. I am quite sure that someone like Doug Mitchell would earn his meager pay with the tickets he issues. Finally, the Town could install a video camera near the Children's Playground and focus it on the path. By putting up signs on the path that warn bikers that they may be photographed and ticketed, I predict that the speeding bike issue will quickly diminish. We respectfully request that this item be put on a future Town Council agenda with a proper and timely courtesy notice to all of the 14 or more properties that border the MUP. It is not too late for you to demonstrate consideration to those who could be most affected by your proposed plans. John E. Sanford 60 Pine Terrace Tiburon, CA 94920 MRR-21-2007 10:12R FROM:S 14154352224 TO: 4352438 P.1'5 St. Hilary School . 765 Hilary Drive . Tiburon, CA 94920 Phone: 415/435-2224 . FAX: 415/435-5895 DATE: 3/2.1}01 =r;; ,.... n. n+ i.J..hu r" V\. FAX No.: Lf3f-~'i3J> TO: ATTN: ~-;-...V\.~ ~i.J I '" -b VI. V' FROM: ..... This FAX consists of 2- pages, including cover letter. Comments: # - /JJ-dA-1J. i;::~,,-gt<r:~f::iJd~~ h_Zd =;~ ~rju>>) / .(: "- jJ da 7. ;? JP. d t..( ,/P~ "'"~ ~~ 1-( ~ AN' AKl7 ~rD)kn.5. - / 7Jtpt): 7(}1.{. ~~ ..", ........ ....'-IVU oJ. Jcrn 14154352224 I UW,.. U~ I I BURDN TO: 4352438 4154352438 P.2/5 MRR-21-2007 10:12R FROM:S p.2 TYPE OF EVENT: TOWN OF TlBURON SPECIAL EVENT PERMIT 3/~%..., + .,!).r/(J7 . . st. ~1.~./1 (;ou l.. ptuM<.-c. I :)I1'1J,.1o,:: DAn: OF EVENT: ~I).~ 'i/~~ '//2. 1 r/'i s-jl\ nME:(stlw11O Finish) If. '0 - S": Del pWl. ~O"-e.r (.:J. :r......~, ~ pCAc..-h,r.s ) Number of People antiCipated: l D LOCATION: -n1~J.(l!'Jn"l .f::.. I ~ Name & AddnIH of IndividulI of Sponsoring Organization: 1+. \'\-i~~ 5~_1 7~r;- I \ dr'j r. Home Phone: 'I ~ ,.~)...+'f Work Phone: l{ ~ r-,::} ~d- '" Fa Numbllr: l{ "? r- - \",p 9 .r Please describe YOUR PLAN for the following: (Attach S9P8/'B/& Ifhflllts "neces$llfJl) PARKING: WL IPo.\\ r... >\ -\c ~ p#c ~ tr,;m. sd..o, I Street Blockage or Closure: l"'O Will alcohol be GeMld? Y\.O CLEAN-UP & RECYCUNG - A Ieeycllng plen is REQUIRED BY TOWN OF TlBURON, (ConlBclRomneyFennelat435-7357fordelails.) "''- "":""\ 'y\.~~<. *,"Ol.,\~ /)&'5 FIRST AID: -z e 5> Do you urtIclplll8 using 'sound ampllllcatlon equipment? Ifm, p1U.. d_e_: (\ 0 Your Pennn win be IIppraved W 8Illlr I'lICeIpl of documentation showing Ihat the Town 01 TIburon has been added III an acldltlonlll named Inllured to your insurance poUcy' for this event TIlls normally requires an endorsemenl A ceI1lIlcal8 ehowing only that you have insurance Is not sufficient Speciai Event Insurance can be purchased 1I1rough 1Ile Jt. Recl'8lllion Depar1menlIl1435-4355 (alk lor Cana Thor). F8l( 01 maU your complDlecl form lEI Town Hall at 435-2438. 15~5J1bu~ Blvd. 9492~ you. Date: ;/1.1/07 &.1.1-1. 7J1- ~ . Applicant APPROVED BY: Chief or Police Dale Dala Deputy Dlredor of Public Werks -_.~ ~--'--"- Date Fb#.. f VtH!T 011 Wu tv (JrJdt/!.- ---= fJ/Wtfhy Director of Camm. Development Date Town Manager MAR-21-2007 10:12A FROM:S ..... <oJ~ .......'uv oJ.1C'-I'1 14154352224 I U~N Ut- I lllURON TO: 4352438 4154352438 P.3'5 p.2 TOWN OF TlBURON SPECIAL EVENT PERMIT DAn; OF EVENT: -::rl.\..I\.~ (, ;'00' nME:(SlartIoFlnlsh) !?:(J{'J ~lV\ ~ /2..:Dof..... TYPE OF EVENT: S Number of People anllcipmd: J ~ <;;" LOCATION: Yl1. ~ l<4!''''\'\J/ '1~L J Name & ~dd~ of IlIdlvidual of SpollSOrfng Organization: ~ '1:::...J:b.l fA ..../ sed" u" l JJ tJ r 1,\'\ ~Li"'i ('k .. Home phone: 4 H".2.i 2.. '-! Worle Phone: Y4 r. 2...2..2.. 'f Fu Number: t.{ 3 ~ ~ 5"<<" C) S- Please desoribe YOUR PLAN for the following: (Attach S8panUflSh88/B Ifnt>C&8SB/)') PARKING: ~().l~ +r~ f.4.. \-\"\\0.1'1 w~ w\ \\ Street Blockage or Closure: V\Q Will alcohol be served? (\0 CLEAN-UP & RECYCUNG - A recycling plan is REQUIRED BY TOWN OF TIBURON. (Contact Romney Fennel 81435-7357 fordelllila.) We. w \ \\ 1...L!.c:.. -\-1-N h h""s ~J. 1"E........ .L r. 'I FIRSTAJo: M\..s tY" tk. T$c.l\"t..., \{.eS DO you antlclpR using _und Impllllcallon equipment? If ao, plU.. _crIbe, VI 0 Your Permn will be approved llDlx aftI!lr receipt of documentation showing lI1at the Town of Tiburon has been added as an a(jdltlonlll named Insured to your insurance poUcy for IhIs event this normally requirel an endomemenl A CllI'!lIIcale showing only that you have inlurance Is nollufllclant Special Event Insurance can be purd1l1$llCl through the Jt. Recreation Department at 435-1365 (eak lor Ollna Thor). Fax 01 mail your complelecl form Ie Town Hall at 431).2438.~bu~ Blvd. 9492~ Date: :t/:LI/rlj 'I....... Y11. , I Applicant APPROVED BY: Chillf of Police Dale Dale Deputy Director of Public Wor1<s "-.--.-- Dale Fo I.. f vt.A/rJ (),J WJ or (JtllSt.tc.- ..:..--: fJ~(lWY Director of Comm. Development Date Town Manager MRR-21-2007 10:13R FROM:S nJ.gnl:.rAIl 14154352224 11(1~(ZUUO lU:V~ ~AU~ UUZ(UV~ TD:4352438 rax 1:lerver P.4/5 cn.n'" '8'0' CATHFRACERT ACORD., CERTIFICATE OF LIABILITY INSURANCE I DATeIMMJ1)OI'fYVY] 1"1312008 PROOUCIiiR THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMA1l0N Ar1hur J. GBlIag/lor & Co.ln'. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA.TE Broko" 01 eA Ine Ue,_0726283 HOLDER, THIS CERTIFICATE ODES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. One Market Spear Twr Ste 2DD San Francisco, CA 94105 INSURERS AFFORDING COVERAGE NAICtI IrdUNID ,,,SURER,.. The Ordinary Mutual,. R.R.G.C. 10111 Roml!ln Catholic Archbllhop Sin Frenclaco IMMlliiA 8' Travel.rs Pronartv C.tu.ltv 21i888 One P."'r Yorke Way INSURER c. Lexlnaton Insurance Co. 19437 San Fr.-cisco, CA 1410'i IN8VRfR D; INSUReRE' COVERAGES lllE POLICIES Of INSURANCE LISTED BELOW HAve BEEN ISSUED TO THE INBUREO NAA4ED ABOVE FOR THE POlICYPERlOO INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TIiiFUd OF( CONDITION OF ANV CO~RACT ORoTHEA DOCUME.NT Y.JI1'H RES~ECT TO WHICH THIS CERTIFICATE MAV BE ISSUE.D OR MAY PERTAIN, THE INSURANCE AFFORDED BY HE POllCIESCESCRIBEC HEREIN IS SUBJECT TO All THE TERMS, exCLUSIONS ANC CONDITIONS OF SUCH _POL~es AG.MF..G.ATF..lIMITSSI-4OWNMAVHAVeBEENREOUC!:OBVPAlOCl~ ~ ~ftiDl T'(PEOF IN.URANCE POLICY Nl.UIIBA ~~ Lilli" A ~NEfW.. LlAl!IlLlTY CGALOO22006 07/01106 07/01/01 I eACH OCCUAABlCE 51 0"00 0 ~ Gow.et::MClAlotNfMALllA8ll1TY tSn nnn r- ~::rCLAI.uSt.l4oe [i] OCCUR I#D~)(P'A""Q"I ~......~~, t5000 PERSONJ.I.I NN INJURY $01 000 000 GENEIU.LAGGReGATe 51 000000 POODucrs. COMPJOP Aoo 11 000 000 A ~LAOORE~LIYlrAP~S PER; XI POUCV I I ~(). I IlOC ~TOMOIII.Il UAI1I11TY ..!.. AA'I'AIJTO ~ ALLOWNEDAUT05 I-::- SCHEDULED AUTOS ~ HIRED AUTOS r!- NON-OWNEl:I AUTOS f- CGAlOO220OG 07/01106 07/01107 COUBlNEO SIHOlE lIWIT /fle.o:d&lol) '1,(l(lO,OOO 900l~YltfJUr1V (PGrp.lWln) BOOIL'I'INJUFI'l' IPtuc:cldlno PRQIIEFlTVO,tJ,W3E (f'vreccldenl) ri':O!!LlABlLI1'Y HAN'1AlJTO ~1i"1V"IlIU;:LLALlAllLIJY -.J OCCUR 0 ClAll.I6 MAOE .., DEDUCTIBLE i;I!TI!NTlON , B WOllkli..1 CDlIIPliN8ATION AND ~""lO'!JII'lIAllIUTl' ANY PROPRlETORtl'"ARTNEAiEI(ECUTf\.'E OfFlCl:ft,ul;Mlll:R fXGlUCEO? ~~~~,~~\~,r:1~5 In aNSR AUTOONL'l'-EA,At:t:IOENl $ OTHERTl-IAN AJ.JTOOfllL'l" EU.CC S ."" I EJ\CH OCCURRENCE MORfOAl!;:: . . . . TC2JUB418JIl41508 01101108 OltOl/07 x we e"O\Tu. IOJ~. E,L.EACHACCl)EN" .___ .tnooooo. f.L OlllEIllll:. Eo'I flif'LOVEE 1 (l00 000 fL, 0l8EASE .f'Ot.lCYLlt.llf .1000 ooe D~lleIIPTION OF OPI!RATlO""/lOCATIO~ I Vl!lIClOI exClUl!IlONI ADDED IY I!NDOI'I:'EMEHT III'fClAl PROVlllION! RE: St. Hilary School, 761 HIIQ Drive, Tiburoo, CA 84920 l!Ill1Ispecta un of Me Kegney field', facllltle. for lupervlMd Field Day on June 8, 2007. ACORD 25 (2001/0811 of 2 tB16750BnMl58510 c,uleEI t AllON IHOUL.D AA'V 01' THe ABO\II! DI!ICIU5EOPOLIClI!IIlf CANCELLQO SEiFOflE THe EllPlMTION DAn lMEfUCF, lICE .hl.1lHO INIUM'II WN..lIlNOIAYDR fOMAll -3A- OAYI MllmN NOTICE "IOTHE: c.E:l'lnfICATli! "01.0111 NA.IO TO f"1 LII'T, aUT ,A/LUU to DO sa lltALL .01. NO OIUOATIONOR lIABLI1'Y OF AMVKtNO UfION THIi 1""URiR, In AOiNTt OR ASflRIiI&NT,,'IYiI, 4UTMCIlIZRlItIiPltlli.,.ATtVi J)...,.,.., -;.I. CJ~ WlO . ACORD CORPORAll0N t8B8 CJ:ATIFICATE HOLDER Town of Tlburon 1511STlburon Blvd. Tlburon, CA DAII20 MRR-21-2007 10:13R FROM:S RightFAK 14154352224 11/13/2006 10:09 PAGE 003/003 TO: 4352438 Fax Server P.5/5 IMPORTANT If the cenlficale holder I. an AOOIlIONAL INSURED,lhe pollcy(lee) muet be endorood. A .tatomenl on this certfficate da63 not confer rights to the C<lrtiflcate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, ~bJ8ct to the term!!! and condlllons of the policy, certain pollcle! may require an endorsement. A !!ltatemenl on thl, certificate does not confer rights 10 the certlflcate holder In lieu of such endorsemen\(s). DISCLAIMER The Certificate of Insurance on the reverse side of lhis. form dasa not constltule 8 contract between Ihe Issuing Insurer(B), authorizad representallve or producer, and the certificate holde" nor does it afflrmatlvety or Olagallvely amend. extend or alter !he coveralJs afforded by Ihe polldes listed thereon, . ACORD 25.8 (2101108) 2.'2 fS16750anMl 5951 0