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Home My WebLink AboutTC Agd Pkt 2007-09-05 TOWN OF TIBURON Tiburon T o\vn I-Iall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Town Council September 5,2007 7:30 p.m. AGENDA TIBURON TOWN COUNCIL 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 however, 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, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. APPOINTMENTS TO BOARDS. COMMISSIONS &: COMMITTEES Heritage &: Arts Commission - One Vacancy 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 - August 15, 2007 (Town Clerk Crane Iacopi) 2. Town Council Minutes - August 22, 2007 (Town Clerk Crane Iacopi) 3. Town Investment Summary -July 2007 (Director of Administrative Services Bigall) 4. Reed Ranch Road Acceleration Lane - Award of Contract to Ghilotti Bros. for Project (Director of Public Works/Town Engineer Nguyen) 5. Failed Streets - Award of Contract to W.K. McLellan for 2007 Failed Streets Project (Director of Public Works/ Town Engineer Nguyen) PUBLIC HEARINGS 1. Tiburon Tourism Business Improvement District (TTBID) - Consideration of Second Reading and Adoption of Ordinance to Establish District (Town Attorney Danforth) 2. Precise Plan Amendment - Recommendation to Amend Miraflores Precise Plan to reflect expansion and location of approved building envelope for existing single~family dwelling (Planning Manager Watrous) Property Address: Property Owners: Assessor Parcel No: 9 Miraflores Lane Seth and Meg Landefeld 039~271~16 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - August 17, 2007 . Town Council Weekly Digest - August 24, 2007 . Town Council Weekly Digest - August 31, 2007 ADJOURNMENT 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) 4 35~ 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 reports. 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 OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 5, 2007 Agenda Item: 4-111 ... ' I /,r/7 / 0 (Vb- J'IJ'^-h STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Appointments to Town Boards, Commissions & Committees riB Reviewed By: BACKGROUND A special vacancy was created on the Heritage & Arts Commission in July due to the resignation of Chris Morrison. Pursuant to Town policy (Resolution No. 16-2007 "Appointments Procedure"), the Town advertised the above vacancy and has received a letter of interest/application from Barbara Tomber. Ms. Tomber was recently interviewed by the Council for a vacancy on the Library Agency Board; the Town's policy allows the Council to appoint a recent applicant without a second interview. Ms. Tomber's letter appeared in a recent Digest and the Mayor has waived the second interview on behalf of the Council. RECOMMENDATION Staff recommends that the Town Council: 1) Consider an appointment to fill the vacancy on the Heritage & Arts Commission on September 5, 2007; or 2) Direct Staff to continue to advertise and receive applications until the vacancy is filled. Exhibit: Application/Letter of Interest of Barbara Tomber Prepared By: Diane Crane Iacopi, Town Clerk Diane Crane lacopi From: Sent: To: Subject: Barbara Tomber [chipper02@earthlink.net] Thursday, August 23, 2007 11 :25 AM Diane Crane lacopi Application for Heritage and Arts Commission Dear Ms. Crane and Town Council, I would like to be considered for the opening in the Heritage and Arts Commission of Tiburon. I had previously applied for the Library Board opening and that application is attached. I relocated to Tiburon from Sausalito last Noivember. As a Sausalito resident, I served on the Arts Commission and the Parks and Recreation Commission. On the county level, I recently completed a year long term on the Civil Grand Jury and have been appointed to the Marin Women's Commission and the Election Advisory Committee. I am very excited about my new Tiburon community and am anxious to contribute in any way possible. I do have an undergraduate degree in Theater and have been on the board of the SF Film Festival, Hawaii International Film Festival and Moana Valley Theatre. I would say I have an avid interest in many art forms and would love to bring my enthusiasm to this commission. Thank you for your consideration, Barbara Tomber Sent via BlackBerry from EarthLink Wireless. EXHIBIT 1 t 06\ flA f5) ~~~~w~ Kll mJ MAY 2 3 2007 W T.OWN CLERK TOWN OF T~BURON Instructions and Al!Plication to Serve on a Town Board. Commission or Committee The Town Council considers appointments to various Town boards, commissions aDd committees throughout the year due to term expirations and unforeseen vacancies. In an etrort 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 woold be beneficial to the Town, by .completing both pages of this (ormand returning it taT.own flail, 1505 Tibui'on Blvd,TiburoB 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.scl1:cduled when .a vacancy occurs. Your application will remain on fi~e at "r01-vn flail for apcrioo of one (1) year. Thank :you fO'f your ~rillingn~~ to. serve the Tibllt'o.!tcornm:"'lu.nity" Diane Crane Iacopi Town Clerk *** * *** ** * *** * * ** * **** ******************* ** **** AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order -(#1 B-ei~g th~ G~~~t~ Intel"at) PLANNING x PARKS & OPEN SPACE DESIGN REVIEW RECREATION X HEPJTAGE & ARTS DISl~STEI~PltEl~l\.PJ2Dr~ESS X LIBRARY MARIN COMMISSION ON AGING BICYCI~ElPEDES'l'f{L\N .i:\DVISORY COMMITTEE 1 EXHIBIT PERSONAL DATA Only computer..gcncratcd or 1ypcv.:ritten COP~/ wm be accepted; Attach separate pages, including resumes and cover letters, if necessary. NIL~E: Barbara Tomber MAILING ADDRESS: 50 H~r!l2r Q.~~_J!r~Jf~~lbTI!mI~l!1,.r~~9492.~ TELEPHONE: Home: 415 789 5449 Work: nla Fax No. nla ~~'";:!"'A""'"~~i'"V ,"""""l!:"!:.!-m.,T"!:i"-ns" .iSCt,OC'. -. i.'~:."'\.v:i" ~.i~J.I . 'U"'H. r~~A - ,,;'1fI.' .U'. . . {If applicable) TIBlTRON RESIDEJ\Pf: (Yca1's)_l_ 5/24/07 DA..TE S{rnMITTE.D~ REASONS FOR SELECTING YOu~ AREAS OF INTEREST .~.~.-.....-..---~,_..-----..... I served on the Parks and Recreation and Arts Commissions in Sausalito. I believe in the community value of having a good library, and would like to help ensure that the BelvederelTiburon library continues to -be-of the best quality. I moved from Sausalito to ........b l' "T 1 .. .. .. let .' . ......1..1 . ... . ... 11. Ut'o'r\Q("l7 f'\dr~"'!r-.rn''',~,~~, "FTn "TTO~V(1 nT.p, lIl-' g.l....;~..f'j:\(\f'",~., of";l\,.'"f'I"':(",.~ In n....':.; C,():.~t1~'r11H-;'ffV '1rH'-j l'f' , .u. (4Jt.l'lii\...Pi'''" LV...,! ('..f->,,-,< VI: n.~.!,", ....'-.iI... 'I....t .1:1:,[, '1...... .1:1_..";;,", '1.......'-- .S-" ......._...t'" .... _-W'l;,t........lc-."oI .<:.-",...- 1;.'-' contribute my energy and knowledge and skills to help out. ......"7~--_._-~._'=..".--. -.- . --.'.'. -.'~ .."".,...---...-----,,----.~...-=~'=...--.. ""-"""""'_.'.==~-'=l APPLICABLE QUALIFICATIONS AND EXPER1F,NCE r-~.. See Bbove. Board Member.. San Francisco Film Society for 7 years. Member of 2006-2001 Marin County Civil Grand Jury. Retired Executive Vice President of First Hawaiian BanklBank oftbe West. ------Town Han Use --- ----- n."te ~ ~~..:,.,..."H.""n D~~,_A. 10 ~(J~ T3'~Ai"oTof.;r;~.....r D.ate. 6 /'~ ~~ .>J~.,,~r, [1L;;'l',H'''>';':~'1.'>.''v ...-;;.....,......""j.'"'~. ____~~Vj 6( . __ ...,,,,,,5.""..... :t........ .. . =~ (V r Appointed to: 2 E~IBIT ~ifl TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram called egu ar e ting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday ugust 15, 2007,. Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: 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 Nguyen, Director of Administrative Services Bigall, Police Captain Hutton, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session to discuss the following: CLOSED SESSION - (6:45 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) County of Marin v. Martha Company Bonander v. Town ofTiburon; Tiburon v. All Persons Interested in the Validity of the Del Mar Valley Utility Undergrounding Assessment District CLOSED SESSION ANNOUNCEMENT Mayor Gram announced that no final action was taken on the items discussed. ORAL COMMUNICATIONS Jerri Miller, a concerned resident of Tiburon spoke in support of the San Francisco Bay Area Darfur Coalition. She invited the Council to attend a September 6, 2007 meeting co-sponsored by "Dear Sudan, Love, Marin," and the Marin Interfaith Council on this subject. DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 1 PRESENTATION . Annual Report from Mosquito Abatement District Representative (Roger Smith) Roger Smith said that he had recently attended the annual meeting in Fresno. He reported that Marin County was better off than other areas in the state in terms of the spread of West Nile Virus. In response to a question from Councilmember Berger about why Marin was better off, Mr. Smith said that [the District] was either really good or that we were lucky. Vice Mayor Slavitz asked whether incidents of the virus were increasing or leveling off. Mr. Smith said that it seemed to be leveling off. Mayor Gram thanked Mr. Smith for his good work. CONSENT CALENDAR 1. Town Council Minutes - July 18, 2007 2. Town Council Minutes - July 19, 2007 3. Mar West Street Rehabilitation Project - Award of Contract to Ghilotti Construction for 2007 Mar West Street Rehabilitation Proj ect (Director of Public Works/Town Engineer Nguyen) 4. Stormwater Master Plan - Approve Budget amendment for additional funding to complete Storm Drain Master Plan (Director of Public Works/ Town Engineer Nguyen) 5. Office of Emergency Services - Approve renewal of Memorandum of Understanding with County of Marin Office of Emergency Services (Police Chief Cronin) 6. Community Development Department Records- Approve Contract for Digital Scanning Services (Director of Community Development Anderson) 7, Alta Robles Project EIR - Approve and Authorize Town Manager to Execute Professional Services Agreement to prepare the Environmental Impact Report for Alta Robles Residential Project - 14 homes proposed on 52 acres off Paradise Drive (Director of Community Development Anderson) 8. Parente/ Amerippon Project EIR - Approve and Authorize Town Manager to execute Amendment to Professional Services Agreement to prepare an Addendum to a certified Environmental Impact Report for the Parente/Amerippon Residential Project - 2 homes DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 2 proposed on 10 acres off Antonette Drive (Director of Community Development Anderson) MOTION: To adopt Consent Calendar Item Nos. 1 through 8, as written Moved: Berger, seconded by Fredericks Vote: AYES: Unanimous ACTION ITEMS 1. Marin Housing Authority - Recommendation to enter into a Memorandum of Understanding with Marin Housing Authority for Below Market Rate Housing Services (Town Manager Curran) Councilmember Smith recused himself stating that his firm represented the Marin Housing Authority (MHA). Town Manager Curran said that the Marin Housing Authority had never charged for its Below Market Rate housing unit monitoring services before but were now requesting an agreement for services from each city in Marin, as well as from the County of Marin. Ms. Curran said that the housing authority performed a valuable service in processing the sale of these units, as well as in monitoring compliance with the BMR program. Town Manager Curran said that the housing authority had asked for a five-year agreement; she recommended a one-year agreement instead. She said that funds were available in the Town's restricted Housing Fund. She recommended approval of the agreement and a budget amendment to fund it. Councilmember Berger asked what percentage of rent [from town-owned BMR units] went to the housing authority annually. The Town Manager said none, adding that that this monitoring service did not apply to the rental units that were owned and managed by the Town. In response to further questions from Council, the Town Manager said she surmised that the service level would vary from year to year; she said that MHA visited and monitored half of the [BMR] housing units in the County each year. Councilmember Fredericks commented that she remembered the controversy over a BMR unit in Tiburon that had taken up a lot of staff time. Town Manager Curran said that there was one unit currently being investigated and that MHA had taken over the process from staff and would do a better job of resolving the issues with the owner. Vice Mayor Slavitz asked whether the agreement would automatically renew every year. DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 3 Ms. Curran said that it was renewable and that the one-year time frame allowed the town to evaluate the service and to have an "out," ifnecessary. MOTION: To authorize the budget amendment and signature of the MOU, as written, Moved: Fredericks, seconded by Slavitz Vote: AYES: Berger, Fredericks, Gram, Slavitz RECUSED: Smith 2. Multi-Use Path Signage - Approve Signage for the Tiburon Multi-Use Path as Recommended by the Bicycle/Pedestrian Advisory Committee and Town Staff (Town Manager Curran, Director of Public Works/Town Engineer Nguyen) Town Manager Curran introduced the item. She said that the new signage would emphasize rules and etiquette for use of the path. She said that the philosophy of placement and design was "less is more," and that the signs would also help tourists understand where they were going and far it was to their destination. Director of Public Works/Town Engineer Nguyen agreed. He added that the signage was a result of the recommendations of the Bicycle Pedestrian Advisory Committee (BP AC) over the last few years, with input from the Marin Bicycle Coalition. Mr. Nguyen presented a series of slides detailing the proposed signage. The first slide showed a series of stripes on the Multi-Use Path with the word "caution" stenciled on the path. This was a BP AC recommendation for cyclists to let them know that changes in the path were ahead. This striping would be placed before the San Rafael Avenue intersection and near the South Knoll Park, according to Nguyen. Mayor Gram asked whether this was standard signage and language, and whether it would be universally understood. Councilmember Fredericks said that she had assumed that recommendations for signage would come from the "Street Smarts" program. Mr. Nguyen said that one member ofBPAC (Peter Winkler) was also a member of the Marin Bicycle Coalition. He said that neither the County, the coalition, nor Golden Gate Transit had standard signage and were looking to the Tiburon path project as an example. Vice Mayor Slavitz said that he missed the BP AC meeting in which the signage was discussed. He asked whether the word "slow" might be more appropriate than the word "caution." Director Nguyen replied that "caution" carried a different message than "slow;" he said that the word "caution" meant "beware," and "be careful and aware," rather than to slow your speed. DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 4 Ralph Leighton, BP AC member, concurred. He said that BP AC member Winkler had suggested the striping based on the fact that it was already a standard on [ vehicle] off-ramps. He said that the stripes really got your attention. Town Manager Curran said that the slide was a little misleading and that there was actually striping on each side of the path for bicyclists coming from either direction. Mayor Gram asked how far from the "zone" the striping would occur. Counci1member Smith said that it would make sense if you could see the crosswalk [intersection]. Town Manager Curran said that these comments were helpful and that signage could be added or "ramped up" rather than creating a lot of signs at the outset which could "litter up" the beautiful path. The next slides that were presented showed the half-mile markers that would be mounted on 6 x 6 bollards. Director Nguyen said these signs were sited primarily for pedestrians; they would incorporate rules and etiquette for use of the path, as well as hold a Marin County Bicycle Route sign. Councilmember Berger recommended reproducing the "North 5" bicycle route sign right onto the sign rather than have it hanging off of a comer. Director Nguyen said that two, 3 x 2-foot signs would be mounted on the path at key entry points. One would be across from the Library at the Cove Road intersection and one would be located at Blackie's Pasture. These signs would have rules and etiquette, as well as state the distance to downtown or Blackie's pasture. He said that although the signs would be mounted on five-foot posts, they could be sunk into the ground to a height of three or four feet. Councilmember Berger also recommended that the sign be mounted flush at the top rather than having the two posts ("ears") visible. Council questioned the "control pets" language on the signs. Mayor Gram pointed out that the Multi-Use Path was a "on leash" area by Town ordinance; Council recommended that the language be changed to state, "Dogs on Leash." Councilmember Fredericks said that thoughtfulness should be exercised in placing signage on the water side in order to avoid changing the experience of openness when one walked the path. Councilmember Berger commented that the addition of mileage markers was terrific for joggers and walkers who track their mileage. Town Manager Curran said that it would be valuable to tourists, as well. DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 5 Vice Mayor Slavitz said that he recently returned from Ashland, Oregon where he noticed that the signs showed the entire [trail] system map. Town Manager Curran said that the focus of this signage was Tiburon's Multi-Use Path rather than the Bay Trail system, including Paradise Drive. Ralph Leighton said that the County-wide bicycle program calle4 for signs and information kiosks at key points. Town Manager Curran said that the proposed signage had deliberate graphics and icons for visitors to this area. A discussion ensued over an existing sign at San Rafael Avenue that directed people to downtown Tiburon. Councilmember Smith, who lives across from the intersection, reported that currently tourists miss the path altogether and ride into the street while following the arrow on the current sign to downtown Tiburon. He said that the sign was misleading and recommended some sort of fix such as painting the road to state, "bike path" and an arrow in its direction. Town Manager Curran concurred with Smith's observation; she said that the current green sign was for automobiles, not bicyclists. Councilmember Berger recalled that it was installed at the request of the Chamber of Commerce. Several other recommendations were made, such as adding striping across the intersection and icons to show the continuation of the path for pedestrians and cyclists. Director of Public Works/Town Engineer Nguyen agreed that stenciling would be preferable and would not degrade the view like vertical signs might do. Ralph Leighton said that he met with CAL/TRANS representatives who stated that the existing sign was not on their approved list and said that it probably could be removed. He said that BP AC had recommended yellowing striping to show the connection to both sides of the path but that it had faded. Director Nguyen described the composition of the 6 x 6 bollards-redwood with a cooper end cap. Councilmember Fredericks reiterated that the bollards and signs should be sunk down to a 3-4 foot height. Mayor Gram asked what kind of authority the town had over speeding bikes on the path. Captain Hutton said that while the town did not use radar, officers could make a 'common sense' and theoretically could issue a citation for recklessness if it were covered in the Town Code. He said that the California Vehicle Code would not apply to the path. Mayor Gram said that speeding bikes were definitely a problem on the path. Councilmember Smith said that it sounded like an ordinance regulating the path should be considered. DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 6 Councilmember Berger said that there was a well-known intersection in Sausa1ito that the police there targeted for stop sign violations by bicyclists. Captain Hutton said that the Chief did not favor speed limits for bikes since most bicyclists did not use odometers; however, he reiterated that there could be a violation for "recklessness." Councilmember Smith said that when school let out at Del Mar, around 3:00 p.m. on weekdays, there was a problem with bicyclists and pedestrians entering the path at South Knoll and merging with other bikes and pedestrians. Town Manager Curran said that this area might be targeted for enforcement under the new ordinance. Vice Mayor Slavitz said that October 5 was International Walk & Roll to School Day. He asked if the new signage might be installed by that date. Director Nguyen said that MMWD anticipated having the new landscaping in on the path by the end of September; he said that the signs were not dependent upon the landscaping. Vice Mayor Slavitz said that it [October 5] would be a good time to educate people on the new rules and etiquette of the path. Town Manager Curran added that there would be a "grand opening" ceremony for the completed path project, as well. Mayor Gram opened the public hearing. William Rothman, a resident of Belvedere, said that the small signs [bollards] would not be visible to cyclists and suggested that they not be cluttered up with language for them. He suggested that any signage chosen by the town have letters large enough to be seen at a distance. Mr. Rothman concurred with the description of problems at the San Rafael intersection, as he and a group of people hold a peace vigil there every Friday. He showed a sign, in several languages, that he had constructed to direct bicyclists to downtown Tiburon via the Multi-Use Path. He said that few people actually ended up on the path (after crossing the intersection) and about half went down San Rafael Avenue and half went onto Tiburon Boulevard. Mayor Gram closed the public hearing and directed staff to incorporate the comments and suggestions discussed tonight. Town Manager Curran said that a follow-up memo would be circulated to the Council in the Digest. III DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 7 PUBLIC HEARINGS 1. Tiburon Tourism Business Improvement District (TTBID) - Introduction and First Reading of ordinance to establish District (Town Manager Curran and Town Attorney Danforth) Town Attorney Danforth gave the report, stating that the next step in the process of forming the District was adoption of an ordinance. She said that the property owners had been notified of the meeting and of their right to protest the formation of the district. If more than 50% of the affected properties were not in favor of the district, Danforth said that the Council would not take action to proceed with its formation. Town Clerk Crane Iacopi confirmed that no written protests had been received. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: To read ordinance by title only. Moved: Berger, seconded by Fredericks Vote: AYES: Unanimous Mayor Gram read, "An ordinance of the Town Council of the Town of Tiburon establishing the Tiburon Tourism Business Improvement District (TTBID) in the Town of Tiburon." MOTION: Moved: . Vote: To pass first reading of the ordinance. Berger, seconded by Fredericks AYES: Berger, Fredericks, Gram, Slavitz, Smith 2. Cypress Hollow Landscape & Lighting District (LLD) - Renewal of Assessment for Fiscal year 2007-2008 (Director of Administrative Services Bigall) Director of Administrative Services Bigall gave the report, stating that the assessment was a continuation of previous years for maintenance of the Cypress Hollow Park. She said that notices had been mailed to all affected property owners and that while she had received one inquiry, no written protests had been received. She recommended adoption of the resolution. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To adopt resolution for renewal of assessment. Berger, seconded by Fredericks AYES: Unanimous DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 8 TOWN COUNCIL REPORTS Councilmember Fredericks thanked the Council for recommending her and stated that she had been appointed to the Regional Airport Expansion Committee. She said that one area of study undertaken by the committee was the possibility of expanding the smaller airports in lieu of an expansion of SFO. She said that Santa Rosa already had flights to Washington and Los Angeles. TOWN MANAGER'S REPORT Town Manager Curran noted that today was the last day for candidates to file for the two Council seats in the November election. She said that because only two candidates had filed for two seats, there would be a special meeting on August 22 at 6:00 p.m. to consider its options. Council concurred with this date and time. WEEKLY DIGESTS . Town Council Weekly Digest - July 20,2007 . Town Council Weekly Digest - July 27,2007 . Town Council Weekly Digest - August 3,2007 . Town Council Weekly Digest - August 10,2007 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 8:50 p.m., in memory of Dr. William Atchley. Councilmembers Berger and Fredericks shared their remembrances of Dr. Atchley. Councilmember Berger said that William Atchley was "the environmental beacon" of Tiburon, a public-spirited man who cared about and fought for these issues in the community. Councilmember Fredericks echoed these remarks and said that Dr. Atchley also fought for open space in the Bahia area in Novato. In addition, Fredericks said that he was well known in the medical field for his body of work on medical ethics. TOM GRAM, MAYOR DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 9 ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #15-2007 August 15, 2007 Page 10 ~~ ::/f~ TOWN COUNCIL MINUTES CALL TO ORDER ting of the Tiburon Town Council to order at 6:00 p.m. , n Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Clerk Crane Iacopi ORAL COMMUNICATIONS None. ACTION ITEMS 1. November 6, 2007 Municipal Election - Consider appointment of candidates nominated in lieu of election (Town Clerk Crane Iacopi) Town Clerk Crane Iacopi said that the Council could exercise several options pursuant to the California Elections Code in light of the fact that there were only two candidates for two seats in the upcoming Council election. She recommended that Council appoint the qualified candidates in lieu of holding an election. MOTION: Moved: Vote: To appoint Dick Collins to Town Council. Berger, seconded by Smith AYES: Unanimous MOTION: To adopt resolution appointing candidates Collins & Slavitz and cancelling election. Berger, Fredericks AYES: Berger, Fredericks, Gram, Smith . ABSTAIN: Slavitz Moved: Vote: ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 6:05 p.m., to the next regular meeting scheduled for September 5, 2007. DRAFT Town Council Minutes #16 -2007 August 22, 2007 Page 1 ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #16 -2007 TOM GRAM, MAYOR August 22, 2007 Page 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting September 5, 2007 Agenda Item: <.:j C( , t7- STAFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Investment Summary - July 2007 Reviewed By: @ BACKGROUND Pursuant to Government Code Section53601, staff is required to provide the Town Council with a report regarding the Town's investment activities. ANAL YSIS The Town of Tiburon currently invests all idle funds for the Town and the Redevelopment Agency in the California Local Agency Investment Fund (LAIF). Below illustrates the funds on deposit with LAIF at month end, July 31,2007: Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $19,157,645.82 5.2550/0 Liquid Investment Fund (LAIF) Redevelopment Agency Local Agency $1,017,865.48 5.2550/0 Liquid Investment Fund (LAIF) FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the July 2007 investment summary Exhibits: Prepared By: None Heidi Bigall, Director of Administrative Services TOWN OF TIBURON - 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 5,2007 Agenda Item:r;C -1ft , STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Award the Reed Ranch Road and Tiburon Boulevard Intersection Improvement Project to Ghilotti Brothers Inc. Reviewed By: @ BACKGROUND On July 18,2007, the Council authorized staff to advertise and seek bids for the construction of the Reed Ranch Road and Tiburon Boulevard Intersection Improvement project. The project was posted and advertised as required by the State of California's Public Contract Code. In addition to the required advertising notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids were opened on August 16, 2007. The Town received five bids: . Ghilotti Brothers, Inc. in the total amount of $11 0,635, . Maggiora & Ghilotti, Inc. in the total amount of $118,811 , . Ghilotti Construction Co., Inc. in the total amount of$124,759, . W.R. Forde in total amount of$177,474, and . JA Gonsalves & Sons in the total amount of$179,843. The Engineer's Estimate was $95,159 for the project. The bid summary sheet is attached for the Council's review. The improvements include the installation of an acceleration lane for east-bound motorists turning left onto Tiburon Blvd from Reed Ranch Road by eliminating portions of the center median and installing new landscaping when complete and miscellaneous traffic control. signs. Staff has reviewed the bid proposals with other jurisdictions across the Bay Area and found them to be consistent. The low bidder, Ghilotti Brothers, Inc. is a qualified contractor with a valid Contractor's License, and is responsive to the contract specifications with reasonable references. If the project is approved by Council, the following general timeline can be established: Town Council 1'v1ccting . Contract documents could be executed by the end of September. . A preconstruction meeting could be scheduled before the first week of October. . Construction could start by the middle of October. . With twenty (20) working days allocated for this project, all work could be completed by November, 2007. FISCAL IMPACT Staff budgeted $90,000 for FY 2007-08. Based on the recent low bid, a 10 percent contingency for any approved unforeseen work, and remaining engineering and construction management fees, $142,000 will be needed to complete the project. As such, an additional $52,000 would need to be appropriated. Funds are available in the State Gas Tax Fund. RECOMMENDATION Staff recommends that the Town Council: . Approve the award of a construction contract for the Reed Ranch Road and Tiburon Boulevard Intersection Improvement project to Ghilotti Brothers, Inc. in the amount of$110,636, plus 10 percent for contingency, or $11,064. . Approve an additional appropriation of $52,000 to complete the project. Exhibits: Bid Summary Sheet Prepared By: Nicholas T. 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I\) ->. ->. ?- 0 CD C11 ""-l 0') ->. ->. I\) 0 ->. I\) ->. c..J ->. ->. C11 C11 0 ->. 3 ::s 00 "0 "0 c..n ->. "0 ~ .J:o. :... ""cD c..n ~ :,:... ""cD "0 <0 C11 c..n "0 "0 "0 c..n -I en ~ 0 0 ""-l c..J .J:o. <0 0 0 (J1 0 0 (J1 I\) 0 0 O'l 0 0 0 0 0 Co) 0 0 0> O'l 0> 0 0 0 0 0 0 .J:o. C11 0 0 .J:o. 0 0 0 0 0 0 CD C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ~ I\) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -u Q) co CD I\) Q, I\) TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting September 5,2007 Agenda Item: ~ _}' -ft>' STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Award the 2007 Failed Streets Improvement Project to W.K. McLellan. Reviewed By: /~~ ~/ BACKGROUND On July 18, 2007, the Council authorized staff to advertise and seek bids for the construction of the 2007 Failed Streets Improvement project. The project was posted and advertised as required by the State of California's Public Contract Code. In addition to the required advertising notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids were opened on August 20, 2007. The Town received six bids: . WK McLellan in the amount of $348,648.40 with a bid alternate of $27,608.70. . Maggiora & Ghilotti, Inc. in the amount of $393,489 with a bid alternate of $40,950, . John Benward Co. in amount of $404,676 with a bid alternate of $44,205, . Ghilotti Brothers, Inc. in the amount of $422,679 with a bid alternate of $33,390, . Valley Slurry in the amount of $438,749 with a bid alternate of$37,585.80, and . Ghilotti Construction Co., Inc. in the amount of $440,158.50 with a bid alternate of $36,120, The Engineer's Estimate was $437,840 with a bid alternate of$32,667 for the project. The bid summary sheet is attached for the Council's review. The planned improvements include localized base repair, pavement grinding and overlay, re- striping, and localized drainage repair. The following street segments will be improved this year: From To . Bartel Court Venado Drive Cul-de-sac . Lyford Drive Acela Drive Sugarloaf Drive . Red Hill Circle Lyford Drive Lyford Drive . St. Gabrielle Court Sugarloaf Drive Cul-de-sac Tmvn Council Meeting From To . Santa Ana Court Bartel Court Cul-de-sac . Paseo Mirasol Via San Fernando 800 feet north of . Reed Ranch Road Tiburon Blvd East Terrace . Harbor Oak Drive Mariner Way End . Blackfield Drive Karen Way Via San Fernando . Esperanza Street Cazadero Lane End . East View Ave Alcatraz A venue Main Street Staff has reviewed the bid proposals with other jurisdictions across the Bay Area and found them to be consistent. The low bidder, WK McLellan, is a qualified contractor with a valid Contractor's License, and is responsive to the contract specifications with reasonable references. If the project is approved by Council, the following general timeline can be established: . Contract documents could be executed by the end of September ~ . A preconstruction meeting could be scheduled before the first week of October. . Construction could start by the middle of October. . With thirty (30) working days allocated for this project, the bulk of the work could be completed by November, 2007. FISCAL IMPACT Based on the recent low bid and a 15 percent contingency for any approved unforeseen work, $432,694 will be needed to complete the project. Sufficient funds have been budgeted in this fiscal year. RECOMMENDATION Staff recommends that the Town Council: Approve the award of a construction contract for the 2007 Failed Streets Improvement project to WK McLellan in the amount of $376,257.10, plus 15 percent for contingency, or $56,439. Exhibits: Bid Summary Sheet Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer Tl)\\";\ OFT1R1 lRON Page 2 of 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting September 5, 2007 Agenda Item: 'PH - / STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Office of the Town Attorney Subject: Recommendation to Pass Second Reading and Adopt the TTBID Ordinance Reviewed By: @::. BACKGROUND AND ANALYSIS The proposed ordinance would add Chapter 7 A to the Town's Municipal Code, establishing the Tiburon Tourism Business Improvement District. The District would impose assessments on lodging establishments in the Town, to be used to participate in a County-wide effort to promote tourism. The Town's two lodging business both support the District. On August 15, 2007, the Council held its first hearing on the ordinance and introduced the ordinance and unanimously passed its first reading. RECOMMENDATION Staff recommends that the Council: 1. Conduct a public hearing on the proposed new ordinance; 2. By motion, read the ordinance by title only; and 3. Pass second reading and adopt the ordinance by roll call vote. EXHIBITS Draft Ordinance Prepared by: Ann R. Danforth Page 1 4 ORDINANCE NO. XXX N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING THE TIBURON TOURISM BUSINESS IMPROVEMENT DISTRICT (TTBID) IN THE TOWN OF TIBURON WHEREAS, on June 6, 2007, the Town Council of the Town of Tiburon adopted Resolution No. 26-2007 (the "Resolution") entitled "A Resolution of the Town Council of the Town of Tiburon in support of the Establishment of a Tiburon Tourism Business Improvement District (TTBID) and the Levy of Assessment of Lodging Establishments within the TTBID," declaring its intention to establish a Parking and Business Improvement Area known as the Tiburon Tourism Business Improv~ment District (TTBID) to levy a benefit assessment on lodging establishments with the TTBID, the process of which shall be used for the public purposes herein described to benefit the lodging establishments in the TTBID, pursuant to the Parking and Business Area Law of 1989 Section 36500 et seq. of Division 18 of the California Streets and Highways Code (the "Act"); and WHEREAS, Resolution No. 26-2007 was duly published, and copies thereof were mailed, as provided by law; and WHEREAS, as specified in Resolution No. 26-2007, the Tiburon Town Council held a public hearing concerning the formation of the district on August 15,2007, at 7:30 p.m., in the Council Chambers at 1505 Tiburon Boulevard, Tiburon, California; and WHEREAS, at the hearing, the Council considered and duly overruled and denied all protests, both written and oral, made or filed, and determined that there was no majority protest within the meaning of Section 36523 of the Law; and WHEREAS, the Town has not received protests in writing from businesses in the proposed TTBID paYing fifty percent or more of the proposed assessment; and WHEREAS, by Resolution 26-2007 the Town Council consented to the formation of the below described TTBID within the incorporated territory of the Town of Tiburon, as required by California Streets and Highways Code Section 36521.5; WHEREAS, in the Council's opinion, the lodging establishments within the TTBID will benefit by the expenditure of the funds raised and the assessment levied hereby, in the manner prescribed herein; and WHEREAS, the advisory board established by the Council pursuant to the Act shall file an annual report with the Clerk of the Council for each fiscal year for which assessments are to be levied and collected; and WHEREAS, the levy of assessment on the lodging establishments will fund the programs that the TTBID will provide for the special benefit of lodging establishments in the district. The DRAFT Ordinance No. xx-200? - 1 - revenue from the levy of assessments shall not be used to provide programs outside the district or for any purpose other than the purposes specified herein and in the Resolution of Intention; and WHEREAS, the assessments levied on businesses pursuant to this Ordinance shall, to the maximum extent feasible, be levied on the basis of the estimated benefit to the businesses within the TTBID. NOW THEREFORE, THE COUNCIL OF THE TOWN OF TIBURON HEREBY ORDAINS AS FOLLOWS: SECTION 1. A new Chapter 7A of Title II is hereby added to the Tiburon Municipal Code to read as follows: Section 7A-1 Purpose. The purpose of this chapter is to establish the Tiburon Tourism Business Improvement District. Section 7 A -2 Establishment of the District. Pursuant to the Act, a business improvement district area is designated as the "Tiburon Tourism Business Improvement District" (TTBID) is hereby created and established. The TTBID's boundaries shall be the Town's incorporated limits. Section 7 A -3 Amendments. All lodging establishments within the boundaries of the district established by this Ordinance shall be subject to any amendments of the Parking and Business Improvement Area Law of 1989, codified as California Streets and Highways Code Sections 36500 through 35551, inclusive. Section 7 A -4 Assessment. The assessment is proposed to be levied on all lodging establishments, existing and future, within the TTBID based upon 1 % of gross room rental revenue. The TTBID projected annual assessment revenues in year one total approximately $44, 450. An assessment based on percentage will result in revenues that rise and fall in reflection of greater and lesser business in an overall up or down tourism market and world economy. Section 7 A-5 Protests of Formation. All protests, both written and oral, are overruled and denied and the Town Council finds that there is not a majority protest within the meaning of Section 36523 of the Act. Section 7 A-6 Annual Review of Assessments. All of the assessments imposed pursuant to this Ordinance shall be reviewed by the Council annually, based upon the annual reports prepared by the Advisory Board appointed pursuant to Sections 36530 and 36533 of the California Streets and Highways Code. Section 7 A-7 Use of Assessments. No portion of the revenues from the assessments within the district shall be used to provide improvements outside of the district for any purpose other than for the purposes of the expenses, services, activities and programs specified in the Resolution of Intention to form the district, or as modified by the Town Council pursuant to compliance with Sections 36534 and 36535 of the California Streets and Highways Code. Notwithstanding the foregoing, the Town may retain up to 1 % of the annual revenues from the assessments to recoup the Town's administrative costs. - 2 - Section 7 A -8 Imposition of Assessment. The assessment imposed by this Ordinance is levied upon the lodging establishments within the district, and the operator of each lodging establishment shall be solely responsible for paying all assessments when due. Notwithstanding the foregoing, in the event that the operator of a lodging establishment elects to pass on some or all of the assessment to customers of the lodging establishment, the operator of the establishment shall separately identify or itemize the assessment on any document provided to a customer. Assessments levied on the operators of lodging establishments pursuant to this Ordinance and passed on to customers are not part of a lodging establishment's gross receipts or gross revenues for any purpose, including the calculation of sales or use tax, transient occupancy tax, or income pursuant to any lease. However, assessments that are passed on to customers shall be included in gross receipts for purposes of income and franchise taxes. SECTION 2 SEVERABILITY. If any section, subsection, s~ntence, clause or phrase of this chapter is for any reason held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The Town Council declares that it would have passed this chapter and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that anyone or more section, sentences, clauses or phrases be declared invalid. SECTION 3 EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty days after the date of passage. At least five days prior to its adoption and within fifteen days after its adoption, a summary of this Ordinance, the latter summary to include the names of those Town Council members voting for and against the Ordinance, shall be published once in a newspaper of general circulation printed and published in the County of Marin and circulated in the Town of Tiburon. At the time of the publication of each summary, the Town shall post in the Office of the Town Clerk a copy of the full text of this Ordinance in compliance with Government Code Section 39633(c)(I). THE FOREGOING ORDINANCE was introduced at a regular meeting of the Tiburon Town Council on the 15th day of August, 2007, and was adopted at a regular meeting of the Tiburon Town Council on the 5th of September, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK - 3 - \, TOWN OF nBURON };o 1505 Tiburon Boulevard Tiburon, CA 94920 Town Cormcil Meeting September 5, 200.~ff' Agenda Item: /J. -- J- s r \ F F H. L PO I{ I To: Mayor and Members of the Town Council From: Community Development Department Subject: File #30704; Request to Amend the Miraflores Precise Plan (PD #21) to Amend a Building Envelope; 9 Miraflores Lane; Seth and Meg Landefeld, Owners; Holscher Architects, Applicants; Assessor's Parcel No. 039-271-16 Reviewed By: ~/ PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: Zoning: Precise Plan: General Plan: Current Use: Owners: Applicant: 9 Miraflores Lane 039-271-16 30704 13,725 square feet RPD (Residential Planned Development) Miraflores Precise Plan (PD #21) M (Medium Density Residential) Single-Family Residential Seth and Meg Landefeld Holscher Architects BACKGROUND The project is the proposed amendment to a precise plan (the Miraflores Precise Plan) for property located at 9 Miraflores Lane. The applicant proposes to expand the envelope to conform to the location of the existing single-family residence on the site. On August 8, 2007, the Planning Commission adopted Resolution No. 2007-12 (Exhibit 1) recommending to the Town Council that the Precise Development Plan amendment be approved. PROJECT DESCRIPTION The Miraflores Precise Plan was approved by the Town Council in 1975, and established building envelopes for each of the lots in the subdivision. The resolution for Phase II of the Miraflores Precise Plan states that "the building envelopes and landscape envelopes depicted in the drawings constitute set-back and height restrictions on buildings and landscaping which will be included in the covenants, conditions and restrictions running with the land on the sale of the parcels." "I t1\\'1l COllllCil J\\cdili~ ScptclllLcr 5.?Ol)"i In 1978, the developers of the Miraflores subdivision filed a request for a variance from the requirements of the Miraflores Precise Plan to shift the building envelope for the subject lot (Lot 24) to the east to "create more space between lots." Planning Division staff prepared a report to the Board of Adjustments and Review recommending denial of the request. Prior to the BAR meeting, the applicant withdrew the variance application. Later in 1978 the developers were granted Design Review approval for construction of a new single-family dwelling, and a building permit was subsequently issued. The plans for both the Design Review and building permit approvals showed the location of the house within the approved building envelope. In November, 1980, an as-built landscape plan was submitted and approved by the Building Division shortly before a Certificate of Occupancy was issued for the house. This landscape plan clearly shows that the house was shifted to the east outside of the approved building envelope, in a position similar to that requested by the withdrawn variance request. The Town's files indicate no explanation for the discrepancy. Planning staff only became aware of this situation when the current property owner requested information on constructing a new deck that would be to the east of the existing residence. A review of the history of the property to determine if the deck would comply with the approved building envelope for this lot revealed the discrepancy between the envelope and the as-built location of the residence. In reviewing the property history with the current owners, staff determined that the new deck could not be approved without first amending the building envelope, and also recommended that the envelope be amended to reflect the as-built location of the house on the site. The owners have therefore requested to move the eastern edge of the building envelope 22 feet, 11 inches, to within 9 feet, 7 inches of the eastern property line. ANALYSIS The applicants have requested to expand the approved building envelope for this property in order to recognize the as-built location of the residence on this lot and to allow future development of a 52 square foot deck and exterior stairs on the eastern side of the house. The area proposed for the expanded building envelope is a relatively level portion to the side of the house. The expanded portion of the building envelope covers approximately 1,540 square feet. The property to the east of the lot is Town-owned open space dedicated as part of the approval of the Miraflores subdivision. The amended building envelope would extend no closer to the side property line than the eastern edge of the house, which has been located in this position since 1980. The amended envelope would therefore not bring structures into closer proximity than what has been the case since 1980. Other homeowners in the vicinity would likely not be affected by improvements in the area of the amended envelope due to the distance from this area to adjacent residences. REVIEW BY THE PLANNING COMMISSION The Planning Commission held a public hearing on this application at its August 8, 2007 meeting. The Planning Commission voted 4-0 to recommend the application for approval as T, \\\'-: \'i I J "k:I.' '-: I) 1.:,1 'LJ\\'1l L\J11l1cil \\l'di!\~ :3Cptclllhcr 5,~l)()j submitted, finding that it was in conformance with the overall intent of the Miraflores Precise Plan and the Tiburon General Plan. There was no opposition to the application. ENYmONMENTALREvmW Staff has preliminarily determined that the subject application is categorically exempt from the requirements ofCEQA per Section 15301 of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Town Council: . Hold a public hearing on this item . Adopt the draft resolution (Exhibit 5) approving the application EXHmITS 1. Planning Commission Resolution No. 2007-12 2. Application form 3. Planning Commission Staff report dated August 8, 2007 4. Minutes of the August 8, 2007 Planning Commission meeting 5. Draft resolution 6. Submitted plans Prepared by: Daniel M. Watrous, Planning Manager \shared\Administration\Town Council\staffreports\2007\9 Miraflores Lane.report.doc 11...',\1:\\'11 '<,-'~~ Ph:> RESOLUTION NO. 2007-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF AN AMENDMENT TO THE MIRAFLORES PRECISE PLAN (PO #21) FOR PROPERTY LOCATED AT 9 MIRAFLORES LANE LOT 24, MIRAFLORES SUBDIVISION, UNIT U ASSESSOR PARCEL NO. 039-271-16 WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows: Section 1. FindinQs. A. The Town has received and considered an application (File #30704) filed by Seth and Meg Landefeld for an amendment to the Miraflores Precise Plan (PO #21) to amend the building envelope for the property developed with an existing single-family residence at 9 Miraflores Lane. The application consists of the following: 1. Application form and supplemental materials, dated July 17 , 2007 2. Site Plan and Building Envelope Plans, dated July 24, 2007 B. The Planning Commission held a duly-noticed public hearing on August 8, 2007, and heard and considered testimony from interested persons. C. The Planning Commission has found that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines. D. The Planning Commission finds, based upon application materials and analysis presented in the August 8, 2007 Staff Report, as well as visits to the site and testimony received from the applicant, that the project is generally consistent with the overall intentions of the Miraflores Precise Plan. The amended building envelope is the result of an as-built condition existing since 1980 and does not appear to have resulted in any problems or concerns for the adjacent open space. Other homeowners in the vicinity would likely not be affected by improvements in the area of the amended envelope due to the distance from this area to adjacent residences. E. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan. Open Space and Conservation Element Policy LU-5 states that "new development shall be in harmony with adjacent neighborhoods and surrounding open space areas." The proposed amended building envelope would not result in any impacts on nearby residential properties, and its location has provided an appropriate buffer between the residence and the adjacent open space area since 1980. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends approval of the amended building envelope for Lot 24 (9 Miraflores Lane) of the Miraflores Precise Plan (PO #21) to the Town Council, subject to the following conditions: 1. The building envelope for the property at 9 Miraflores Lane is hereby amended as reflected on the Site Plan, prepared by Holscher Architecture, dated July 24,2007 (one sheet), as shown in plans on file in File #30704 with the Tiburon Planning TIBURON PLANNING COMMISSION RESOLUTION NO. 2007-12 AUGUST 8. 2007 1 EXHIBIT NO. 1 Division, at Tiburon Town Hall. 2. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically described herein. PASSED AND ADOPTED at a regular meeting of the Tiburon PI~nning Commission on August 8, 2007, by the following vote: NOES: COMMISSIONERS: AGUIRRE, COLLINS, FRASER AND KUNZWEILER COMMISSIONERS: NONE AYES: ABSENT: COMMISSIONERS: O'DONNELL AL AGUIRRE, HAl AN Tiburon Planning Commission ATTEST: ~.~ DANI LM.WATROUS, SECRETARY s: Planning/Planning Commission/Resolutions/2007 /2007 -12.doc TIBURON PLANNING COMMISSION RESOLUTION NO. 2007-12 AUGUST 8. 2007 2 I EXHIBIT NO. TOWN OF TIBURON JUL '\ 6l0lrl LAND DEVELOPMENT APPLICATION TYPE OF APPLICATION o Conditional Use Permit ~ Precise Development Pia. n .'" ~""l)~ _ Secondary Dwelling Unit o /loning Amendment/Prezoning '. "General Plan Amendment o Change of Address o Design Review (DRB) o Design Review (Staff level) o Variance o Floor Area Exception o Sign Permit o Tree Permit o Tentative Subdivision Map o Final Subdivision Map o Parcel Map o Lot Line Adjustment o Certificate of Compliance o Other APPLICANT REQUIRED INFORMATION SITE ADDRESS: PARCEL NUMBER: ~ MI~,A :pr.D~ l~ :J ~q --. ;;J 11 - ,~ PROPERTY SIZE: 1~7Z~t6 I r ZONING: ?-Dr OWNER OF PROPERTY: ~ ~ I'v\.:rq- ~\~ MAILING ADDRESS: q l'J.*-k -=rr O~ \~ PHONE NUMBER: CITY/STATE/ZIP ~'f'~J FAX APPLICANT: (Other than Property Owner) MAILING ADDRESS: PHONE NUMBER: CITY/STATE/ZIP FAX ARCHITECT/DESIGNER/ENGINEER: ;-ttjl ~ ~r4~tl? &- MAILING ADDRESS: 1SSl\ \iln.\f'~,,1 P).)'\)J~ Please indicate with an asterisk (*) persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): . ~l'JONtE..NT ~ ~~Nf1~ ~lJ\l-DiN6f 1t'J~-*1laJ I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees tha} might result from ~~e third pa~y ~:all,e~ge. \ 'Signature: l' /1~7~" .L/ uL (i'"'~1 i Ie . , ,A. ;L ".' l Date: ~/{tr!r<7 */f other than owner, must have letter from owner DO NOT WRITE BELOW THIS LINE DEPARTMENT ALPROCESSINGJNFORMATION Application No.: "3D,?OGPDesiQnati6h . FeeDeposif~/07{, 06 Date Received: 07-. I RecelvedBv: Sr" Receipt # ~.. DateDeeinedCo plate: By:. Acting BodV: Action: Date: Conditions of Approval or Comments: Resolution or Ordinance#: 2- Planning Commission Meeting August 8, 2007 Agenda Item: 2 ST \FF REPOlfl To: Members of the Planning Commission From: Community Development Department Subject: File #30704; Request to Amend the MiraOores Precise Plan (PD #21) to Amend a Bu.ilding Envelope; 9 MiraOores Lane; Seth and Meg Landefeld, Owners; Holscher Architects, Applicants; Assessor's Parcel No. 039-271-16 PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: Zoning: Precise Plan: General Plan: Current Use: Owners: Applicant: 9 Miraflores Lane 039-271-16 30704 13,725 square feet RPD (Residential Planned Development) Miraflores Precise Plan (PD #21) M (Medium Density Residential) Single-Family Residential Seth and Meg Landefeld Holscher Architects PROPOSAL The project is the proposed amendment to a precise plan (the Miraflores Precise Plan) for property located at 9 Miraflores Lane. The applicant proposes to expand the envelope to conform to the location of the existing single-family residence on the site. BACKGROUND The Miraflores Precise Plan was approved by the Town Council in 1975, and established building envelopes for each of the lots in the subdivision. The resolution for Phase n of the Miraflores Precise Plan states that "the building envelopes and landscape envelopes depicted in the drawings constitute set-back and height restrictions on builqings and landscaping which will be included in the covenants, conditions and restrictions running with the land on the sale of the parcels." In 1978, the developers of the Miraflores subdivision filed a request for a variance from the requirements of the Miraflores Precise Plan to shift the building envelope for the subject lot (Lot 24) to the east to "create more space between lots." Planning Division Staff prepared a report to EXHIBIT NO. 3 I)L1l11lin~ C()1ll111i",ioll :-\l'l'li!l:': .\11211,,1 S, )lhri the Board of Adjustments and Review recommending denial of the request. Prior to the BAR meeting, the applicant withdrew the variance application. Later in 1978 the developers were granted Design Review approval for construction of a new single-family dwelling, and a building permit was subsequently issued. The Plans for both the Design Review and building permit approvals showed the location of the house within the approved building envelope. In November, 1980, an as-built landscape plan was submitted and approved by the Building Division shortly before a Certificate of Occupancy was issued for the house. This landscape plan clearly shows that the house was shifted to the east outside of the approved building envelope, in a position similar to that requested by the withdrawn variance request. The Town's files indicate no explanation for the discrepancy.. Planning Staffonly became aware of this situation when the current property owner requested information on constructing a new deck that would be to the east of the existing residence. A review of the history of the property to determine if the deck would comply with the approved building envelope for this lot revealed the discrepancy between the envelope and the as-built location of the residence. In reviewing the property history with the current owners, Staff determined that the new deck could not be approved without first amending the building envelope, and also recommended that the envelope be amended to reflect the as-built location of the house on the site. The owners have therefore requested to move the eastern edge of the building envelope 22 feet, 11 inches, to within 9 feet, 7 inches of the eastern property line. ANALYSIS Proiect Design The applicants have requested to expand the approved building envelope for this property in order to recognize the as-built location of the residence on this lot and to allow future development of a 52 square foot deck and exterior stairs on the eastern side of the house. The area proposed for the expanded building envelope is a relatively level portion to the side of the house. The expanded portion of the building envelope covers approximately 1,540 square feet. The property to the east of the lot is Town-owned open space dedicated as part of the approval of the Miraflores subdivision. The amended building envelope would extend no closer to the side property line than the eastern edge of the house, which has been located in this position since 1980. The amended envelope would therefore not bring structures into closer proximity than what has been the case since 1980. Other homeowners in the vicinity would likely not be affected by improvements in the area of the amended envelope due to the distance from this area to adjacent residences. Compliance with the Miraflores Precise Plan The building envelopes established by the Miraflores Precise Plan were designed to allow adequate space for the development of each parcel, while providing a buffer between the envelopes and nearby private open space areas. The subject home was built beyond the eastern boundary of the approved building envelope for this property. However, the location of this I '- '1 \\:\ '- ~ [ I i . \',--' ~\ BXHIBIT NO. I 'l~L) , 3 !)ldl1IJillL: \...'OIJlllli-,-,ioll j\\cclill~ ,\ U~ 11'" l 8, .~ nUj home does not appear to have resulted in any problems or concerns for the adjacent open space. The proposed amended building envelope therefore appears to be consistent with the intent of the Miraflores Precise Plan, and reflects an as-built condition that has existed for at least 27 years. General Plan Consistency The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Land Use Element Policy LU-5 states that "new development shall be in harmony with adjacent neighborhoods and surrounding open space areas." As noted previously, the proposed amended building envelope would not result in any impacts on nearby residential properties, and its location has provided an appropriate buffer between the residence and the adjacent open space area since 1980. ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is categorically exempt from the requirements ofCEQA per Section 15301 of the CEQA Guidelines. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing on this application; and 2. Consider the draft resolution recommending approval to the Town Council of the amendment to the Miraflores Precise Plan for the property at 9 Miraflores Lane. EXHmITS 1. Draft Resolution 2. Application form 3. Submitted plans Prepared by: Daniel M. Watrous, Planning Manager \shared\planning\pc\staff reports\2007\9 Miraflores Lane.report.doc 1 ,,\\\,\ ,,'I T- ~ '< I) . , ) EXHIBIT NO. 3 He wanted more specificity and clarity in terms of the consultant's determination of the level of significance for potential project impacts. Chairman Aguirre supported the concept of a public viewing, encouraged everyone to visit the website at Google Earth for a different aerial view of the property. He felt that the traffic issue was very important. He said that he would rather see real data from the surrounding area to determine how many residents would be in each household. He supported a visual study to determine how the homes are designed and located. He questioned the construction impacts and requested information on how many years the total project buildout would take, given the prior history of similar developments and the disruptive effect of construction on the neighborhood. He emphasized the value of open space and the importance of clustering homes on the site. Community Development Director Anderson stated that staffwould discuss the results of the scoping session with the EIR consultant and contract planner and said written comments would be accepted until the close of business on August 23, 2007. 2. 9 MIRAFLORES LANE: REQUEST TO AMEND THE MIRAFLORES PRECISE PLAN (PD #21) TO AMEND A BUILDING ENVELOPE; Seth and Meg Landefeld, Owners; Holscher Architects, Applicants; Assessor Parcel Number 039-271-16 Planning Manager Watrous presented the staff report, stating that the request is amendment of the building envelope of the property to reflect as-built conditions. He stated that during construction of the house many years ago, the dwelling was constructed outside the building envelope. He stated that the current property owner had requested to construct a small deck and stairway, but once staff realized the house was outside the building envelope, the homeowner was encouraged to submit an application to amend the building envelope to reflect the house location. He said the property is adjacent to an open space area, and although the building envelope would now come closer to the property line and the open space, the envelope would not come closer to open space than the existing house has been for 27 years. Chairman Aguirre asked how the construction outside the building envelope came about. Planning Manager Watrous said he could not speculate on the responsibility or motivation for this mistake. Commissioner Fraser suggested the resolution reflect the application was the result of an error made by someone some time ago. The pubic hearing was opened. 11BURON PLANNING COMMISSION MINUlES AUGUST 8, 2007 MINUTES # 950 Page 8 EXHIBIT NO. t..f ~{ LOF 2- David Holscher, Holscher Architects, said the process began in order to convert a second unit for the owner's elderly parents. He said the owners were as shocked as he was to discover that the house was outside the building envelope, and said that it was not a pleasant due diligence process. He noted that the building envelope ""ould be moved 22 feet 8 inches to the south and that the applicant simply wanted to construct a small deck. Commissioner Collins referred to a 24 inch tall retaining wall which intruded slightly beyond the building envelope. Planning Manager Watrous said such small structures were permitted outside of the envelope. The Chairman closed the public hearing. Commissioner Collins said he was in favor of the request, noting that the house had been in this location since the 1980's. He stated that the resolution should incorporate wording that the request is being granted because of an as-built condition since 1980. ACTION: MIS ( KunzweilerlFraser) to approve the draft resolution, as amended to indicate in Section D that the amendment is the result of an as-built condition existing since 1980. Vote: 4-0 3. 1501 TIBURON BOULEVARD: CONDITIONAL USE PERMIT TO INSTALL A TEMPORARY OFFICE TRAILER; Belvedere-Tiburon Library, Owners and Applicants; Assessor Parcel Numbers 058-171-93 and 058-171-94 (CONTINUED TO AUGUST 22, 2007) Planning Manager Watrous reported that staffhas held discussions with Library officials who were unsure whether or not they would proceed with this application until options were further evaluated. MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of June 27, 2007 Commissioner Collins had the following amendments to the minutes of June 27th: . Page 5, 4th line, requested the word "below" be added after the word "street". . Page 5, 5th line, "He felt the application was consistent with the Town's Zoning Ordinance" . . Page 5, next sentence should read, "...but he felt those issues should be taken up during the design review process. .." . Page 5, next sentence; "He said that he did not believe that the Planning Commission had any discretion to deny the application." TIBURON PLANNING COMMISSION MINUTES AUGUST 8,2007 MINUTES # 950 Page 9 EXHIBIT NO. 4- t 2- CF Z- RECORDING REQUESTED RETURN TO: TOWN CLERK TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 RESOLUTION NO. 2007 -(Draft) A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE MIRAFLORES PRECISE PLAN (PO #21) FOR PROPERTY LOCATED AT 9 MIRAFLORES LANE LOT 24, MIRAFLORES SUBDIVISION, UNIT II ASSESSOR PARCEL NO. 039-271-16 WHEREAS, on August 8, 2007 the Planning Commission held a public hearing to consider the approval of amendment to the Miraflores Precise Plan (PO #21) to amend the building envelope for the property developed with an existing single-family residence at 9 Miraflores Lane (Lot 24 of the Miraflores Subdivision Unit 2); and WHEREAS, after receiving public testimony and considering the application at that hearing, the Planning Commission adopted Resolution No. 2007-12 recommending to the Town Council that the Precise Plan Amendment be approved; and WHEREAS, on September 5,2007, the Town Council held a public hearing on this application and after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment to amend the building envelope for the property at 9 Miraflores Lane would be consistent with the overall intention of the Miraflores Precise Plan and the policies contained within the Tiburon General Plan. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby approve the requested amendment to the Miraflores Precise Plan, subject to the following conditions: 1 . The building envelope for the property at 9 Miraflores Lane is hereby amended as reflected on the Site Plan, prepared by Holscher Architecture, dated July 24, 2007 (one sheet), as shown in plans on file in File #30704 with the Tiburon Planning Division, at Tiburon Town Hall. 2. This approval shall in no way alter other provisions of the Miraflores Precise Plan not specifically described herein. Resolution No. 2007{Draft) Adopted 915107 EXHIBIT NO. 5 Page /of2 PASSED AND ADOPTED at a regular meeting of the Town Council on September 5, 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: COUNCILMEMBERS: ABSENT: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK EXHIBIT NO. '5 Resolution No. 2007-(Draft) Adopted 915107 Page2of2 ~ --- CD~~~!~~ SITE PLAN N~ 47 TRUE NORTH PIAN HOIllH PROPOSED alJll.DINO ENvtlO1'l! J lEt HOUlE IN) DECK UTAIl II!! , ,I' ,I' ,/ ,'/' b ~ 1EI1l1MWAY / Q~~~,~.~~ED SITE PLAN N~ 47 TRUE NOIlIH PlAH NOf1IH 1550 Tiburon BotJ6Y8I'd Belvedere, CellfaTla 94920 WIllI. harch. com phone 415.435.5219 fax 415.435.0312 Landefeld Residence- Renovation 9 Mra Flores Ln. llburon, CA 94920 APN: 019-271-24 Existing & Proposed Site Plan Scale 118" = 1'..()" no. PROGRESS A\ date issued: 0812612006 drawn by: JC checked by: OH job#: 2550-2007 drawing nunber AO.~l of sheets ~.'>>11Hol1c:her~