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HomeMy WebLinkAboutTC Digest 2007-09-07 ~ TOWN COUNCIL WEEKLY DIGEST Week of September 3 - 7,2007~ Tiburon 1. Memo from Peggy Curran - re: Multi-Use Path Signage 2. Monthly Report - Design Review - August 2007 3. Yearly Recap - Design Review Submittals - August 2007 Agendas & Minutes 4. Minutes - Design Review Board - August 16, 2007 5. Action Minutes - Design Review Board - September 6, 2007 6. Agenda - Sanitary District 5 - September 10, 2007 7. Agenda - Planning Commission - September 12, 2007 Regional a) LCC - Call to Action - re: ACA 8 - Eminent Domain Reform b) Risk Matters - ABAG Newsletter - Summer 2007 * c) Bay Area Council Poll- 2007 * d) Western City - September 2007 * e) Correspondence from Leightronic - re: Municipal TV Channel * f) Correspondence from Sen. Boxer - re: Staffing for LCC Convention * g) Comcast Bay Overview - August 2007 * h) Reception Invitation - Wildan - LCC Convention * i) Invitation to visit booth - National CORE - LCC Expo - 9/6-7/07 * j) Invitation to visit booth - GEM Vehicles - LCC Expo - 9/6-7/07 * Agendas & Minutes k) Agenda - Marin Healthcare District - September 6, 2007 1) Agenda - Marin Bd of Supervisors - Special Meeting - September 10, 2007 m) Agenda - Marin Bd of Supervisors - Regular Meeting - September II, 2007 * Council Only TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 [~ MEMORANDUM Date: September 7, 2007 To: Town Council Prom: Peggy Curran, Town Manager (by Heidi Bigall) S ubj ect: Multi-Use Path Sign age In response to the Town Council's comments, along with input by BP AC, attached you will find a Memorandum from the Town Engineer and Associate Planner providing a final version of signage and path markings for the multi-use path. Unless Staff hears otherwise, we will commence fabrication of the signs for timely installation. Attachments . .. TOWN OF TIBURON .~ 1505 Tiburon Boulevard Tiburon, CA 94920 I-li. , [Ji'G~E',' f"' . t..;, L MEMORANDUM Date: September 6,2007 To: Peggy Curran, Town Manager From: Nicholas Nguyen, Town Engineer Laurie Tyler, Associate Planner Subject: Revised and Final Version of the Proposed Multi-Use Path Signage After several meetings between Town Staff and the Bicycle and Pedestrian Advisory Committee (BPAC), as well as the Town Council, a final decision has been reached regarding the proposed multi-use path signage. Staff and the BP AC have taken an incremental approach to installation of signage and markings along the path. Steps will continue to be taken to enhance and fine tune the signage once installation is complete and after a period of time. Attached is a copy of the final version of the signage and path markings, which include the following revisions based on Staff, BPAC and Town Council input: . The white stripes have been retained with a modification to the language after the stripes from "CAUTION ENTERING SLOW ZONE" to "BIKES SLOW DOWN" in the designated entrances to slow zone areas; . Sign messages have been modified from all caps to title-case for ease of reading with the exception of the titles of the signs and the. distance designations; . The message "USE SAFE SPEED" has been eliminated from the half mile marker signs (bollards) as well as the countywide bike route signage; . Decimal accuracy has been replaced with fractional accuracy on distance markers; . The trailhead signs have been modified to include the word "Please" in front of "Be Considerate" and "Keep Dogs On Leash" instead of "Control Pets"; . The countywide route signage will be included directly on the trailhead sign and will not be a separate sign attached to the post; . The phrase "Share The Path - Be Considerate" on the trailhead signs has been modified to "Please Be Considerate - Share The Path"; . The font size has been increased for the distance designation on all signs; . The bollard sign at San Rafael Avenue has been modified to direct users to continue down the MUP and off Tiburon Boulevard; . The message "CAUTION CHILDREN" will be stenciled on the path approaching the South of Knoll Playground and again approaching McKegney Green. (L . ::l . ~ Q) ..c +-' c o w - .- u c Q) +-' (f) U c CO V'J C C) .- (f) '+- o (/) c o .- +-' ro () o --.J . Q :: 00 >< ... in In >< 0 0.. 0 "C ... " c. c 0 C. :J 0 <C 0 "C ... 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X t) "'C 2 .~ (J) c s.... .- t) +oJ I o..c.- 0 (\J~~=c z ;= o c ;= o ..J en en w ~ - r::a +oJ (J) ~ LO +oJ (J) ~ LO TOWN OF TIBURON OFFICE OF DESIGN REVIEW MONTHLY REPORT AUGUST 2007 DESIGN REVIEW BOARD APPLICATIONS: NUMBER SUBMITTED ~ NEW SINGLE F AMIL Y RESIDENCES ~ ~ MAJOR ADDITIONS/ AL TERA TIONS ~ ~ MINOR ADDITIONS/ALTERATIONS ~ (not eligible for Staff Review) ~ SIGN PERMITS ~ TREE PERMITS ~ ~ V ARIANCE REQUESTS ~ FAR EXCEPTIONS REQUESTS ~ EXTENSION OF TIME STAFF REVIEW APPLICATIONS: Review of minor exterior alterations and additions of less than 500 square feet. 2 2 4 2 4 4 1 o 13 APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL *Figures for this item were not kept prior to 2007 REPORT PREPARED BY: Connie Cashman, Planning Secretary DA TE OF REPORT: September 4, 2007 o ~. DIG~'t'I... ';:j r 2006 3 2 3 1 NA* 8 2 o 14 o : J- << o ! ..1- ~ . . .. I .. . I~l . ...I~ I , .. . . .. :.. . .. . .'. . . .' ... .Ih':. .... .... .. 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C\I C\I C\I o C\I (") 0:: LL tJ) 3: w z N C\I C\I (") C\I (") ~ ~ -I <( 0:: o .., <( :E C'? ~ ,..... o (") C\I o ~ -I <( 0:: o z i - C\I o (") o o o tJ) ~ i 0:: w no z C> en <( Z ~ (") ~ ~ (") (") (") C\I tJ) ~ i 0:: w no w w 0:: ~ co ~ C\I ..- ,..... ~ <X) It') (0 tJ) W o Z <( ~ ~ N C\I C\I C\I C\I ~ no W o >< W 0:: <( LL "ll:t - (") ..- ~ ..- ,..... ..- CJ) ..- o ..- ~ ..- (0 co 3: W :> W 0:: LL LL <( ~ tJ) ., .... o I o o o ..........~::II .. o . ...:...:. o ......~. ... '. .. .. ..:.'.~ . . .~ , .... ... .. ,.' ... . ..... . C\I ... .0... . . ... . . . . . . o o tJ) -I <( W no no <( . . . . .. ... (/) ...J i!. e. ..... o o N o ~ 0:: o ~ no :gO OW NO ~::>> tJ)-I ::>>0 C>Z ::>>- <(~ :%:0 c>Z ::>>W 00:: o::W :%:3: ~:E tJ)W -I~ <(- ~tJ) oS: ~~ 0::0:: <(0 WLL ~tJ) :%:W ~o:: Z::>> Oc> :Eu:: << << << 'f. MINUTES #14 TIBURON DESIGN REVEW BOARD MEETING OF AUGUST 16, 2007 ~i(r U"':~~ ... . [. t ~. t'IC- e't.. ~..,.. . '-f! ~ ~r l' The meeting was opened at 7:00 p.rn. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Boardmembers Corcoran, Glassner (arrived 7:05) and Teiser Absent: Vice-Chair Frymier Ex-Officio: Planning Manager Dan Watrous, Associate Planner Tyler and Minutes Clerk Harper B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous noted that the items for 23 Old Landing Road and 1910 Straits View Drive' were continued to the September 6, 2007 meeting. D.OLD BUSINESS BEFORE THE BOARD 1. 1893 CENTRO WEST STREET HARD, NEW DWELLINGN ARIANCEIFLOOR AREA EXCEPTION LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCESIEXCEPTION 1893 CENTRO WEST STREET CHARLES HARD EXISTING PROPOSED REQUIRED 12,600 S.F. NA NA 3,209 3,666 3,260 MAX 18.4% 20.8% 35.0% MAX 27' 26'6" 30' MAX 10'&6' 10'&6' 8' 25' 25' 15' 58' 58' 25' FLOOR AREA EXCEPTION On April 19, 2007 the Design Review Board reviewed revised plans for the construction of a new single-family dwelling with a variance for a reduced side yard setback and a floor area exception. During the meeting, adjacent neighbors raised concerns with the revised design of the home and its potential for view blockage of downtown Tiburon, the harbor, Belvedere and portions of his water views. Another neighbor below the subject site remained concerned that the home would appear massive. The applicants stated that they were intending to modify the TIBURON DESIGN REVIEW BOARD MINUTES #14 . 8/16/07 '....:. . .;, .. pitch of the roof to a full gable style roofline, eliminating the center section of the roof that would have projected at an upward angle. The Board continued the project with the applicant advised to modify the roof and minimize the view impact for the adjacent neighbor at 1895 Centro West Street. Revised plans for the house design have now been ~ubmitted. Luis Paez, project manager, gave a historical description of the project and their attempts to revise the project design. He said that they attempted to design their proposal in conformance with the Hillside Design Guidelines and based on concerns from the owners below the site, they eliminated or reduced the. size of the upper windows on the south elevation to eliminate sun reflection. He reiterated their request for the side yard setback variance, stating that it was due in part to the topography of the site and the steep slope. He stated that at the April 19th Board meeting they changed the pitch roof to a traditional gable roofline and shifted the second level over into the hillside, and additionally agreed to further revise the roof so that it would not impede views. He stated that a new designer was hired to prepare revised plans after the April 19th meeting. Mr. Paez stated that the new house design was in full compliance with the Hillside Guidelines, and includes a full hip roof at a 3: 12 pitch that mitigates the view impacts as much as possible. He described other minor changes to the house design intended to address view and privacy concerns. He said that they met with the owners at 1895 Centro West have agreed to further reduce the ridge height elevation by 3 '2" by reducing the ceiling heights in the upper and lower levels and excavating into the hillside. He stated that the new design would improve views and work for both homeowners, and he therefore requested the Board's consideration and approval. Boardmember Corcoran asked about whether the corner of the house closest to the driveway could be moved out so that it would not protrude into the driveway. Mr Paez responded that the story poles represent the comers of the 4 foot eaves and not the comers of the building. The Chair opened the public hearing. Bill Lukens stated that he felt the process and design now worked. He noted that six hearings had been held, the applicant has met their concerns. He said that they are very pleased with the result and felt the house would now benefit the neighborhood. The Chair closed the public hearing. Boardmember Glassner acknowledged the proposal had been underway for some time and felt the process working with neighbors was a good one. He said the neighbors ideally wanted the roofline lowered 4 feet, and although he was unsure whether it would ultimately affect any primary views, he could support the project as revised. Boardmember Corcoran saluted the owners for working with the neighbors on what was a very difficult site. He said that he was concerned with the comer because of its encroachment on the driveway, but acknowledged that it was simply a roof overhang. However, he said he still had a . problem with the floor area exception, as he could not make the findings for the exception. TIBURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 2 Boardmember T eiser said he could support the project, noting that he thought the applicant met the request and direction from the Board at the April 19 meeting. He said that he visited the site and talked to residents who indicated their previous primary views were out more toward the southwest to the bay and to the Golden Gate Bridge, and that they never had views toward Belvedere and the yacht club. He felt the applicant had revised the project substantially and addressed the neighbors' concerns, and said he could make the findings to approve the project. Chair Doyle stated that after visiting the site, the story poles raised concerns which have now been cleared up. He felt this was a tough lot upon which to build and acknowledged that the applicant had done a lot to make changes and work with the neighbors. He said that given the lot and floor plan, he could also support the floor area exception. ACTION: It wasM/S (Teiser/Glassner) that the project is exempt from the provisions of the California Environmental Quality Act and approving the application subject to the conditions of approval as set forth in the Staff report, with the additional condition of approval requiring lowering the roof height by 3'2" per the agreement with the neighbors. Vote: 4-1 (Corcoran voted no). 2. 23 OLD LANDING ROAD HARLE, NEW DWELLING - CONTINUED TO 9/6/07 E. NEW BUSINESS BEFORE THE BOARD 3. 42 CLAIRE WAY CLAWSON, NEW DWELLING 42 CLAIRE WAY HELEN CLAWSON EXISTING PROPOSED REQUIRED LOT SIZE 9,581 S.F. NA NA FLOOR AREA 1,020 2,275 2,958 MAX LOT COVERAGE 13.5% 26.6% 30.0% MAX BUILDING HEIGHT 15' 15' 30' MAX SIDE YARDS 6' & 11 '6" 6' & 11 '6" 6' FRONT YARD 28' 28' 20' REAR YARD 37' 23' 20' V ARIANCES/EXCEPTION NONE The applicant has submitted a request for construction of a new sing le- family dwelling on the property located at 42 Claire Way. Currently the property is improved with a single-family dwelling. The applicant is requesting to demolish over 50% of the existing walls of the structure. By demolishing more than 50% of the structure, the project is therefore classified as "new construction." The project proposed would maintain a single-story design. The existing structure is comprised of three bedrooms, a great room, kitchen and a one-car garage. The proposal intends to expand the home at the rear, to include a master bedroom suite, study, a new dining room, and expansion of the existing great room. TIBURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 3 Mohamad Sadrieh, architect, described the project, stating that they maintained the one-story design to preserve views and the character of the house. Boardmember Glassner questioned whether or not the frreplace would be relocated or would there be a chimney. Mr. Sadrieh noted that the chimney would be no more than 2 feet higher than the highest point of the roofridge and would not incorporate a metal cap. Boardmember Teiser confirmed that the fireplace would be a non-particulate burning fireplace. The Chair opened the public hearing. Evelyn Woo said that she has always enjoyed her views from the backyard and thanked the architect and homeowner for being sensitive to the neighborhood and preserving her views. The Chair closed the public hearing. Boardmember Corcoran felt the remodel was appropriate for the neighborhood. He said that the homes in this area were small when originally built and he felt the project would make the house more livable. He thanked the applicant for maintaining the single-story house design. Boardmember Glassner felt the design was simple and straightforward and consistent with the neighborhood. Boardmember Teiser agreed and was happy that a non-particulate burning fireplace would be installed. ACTION: It was MIS (CorcoranlTeiser) that the project is exempt from the provisions of the California Environmental Quality Act and approving the application subject to the conditions of approval as set forth in the Staff report, with the additional condition of approval requiring a non-particulate gas burning fireplace. Vote: 4-0. 4. 279 CECILIA WAY SHADAN, ADDITIONSN ARIANCES 279 CECILIA WAY LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCESIEXCEPTION CAROLYN AND KAMRAN SHADAN EXISTING PROPOSED REQUIRED 7,503 S.F. NA NA 1,728 1,955 2,750MAX 26.0% 29.0% 30.0% MAX 15' 15' 30' MAX 6' & 4' 6' & 4' 6' 20' 12' 20' 25' 25' 25' REDUCED FRONT AND SIDE YARD SETBACKS TIBURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 4 The applicant is requesting Design Review approval for the construction of additions to an existing single-family dwelling on property located at 279 Cecilia Way. The living room would be expanded to the rear of the house, and two bedrooms would be expanded to the front of the house. An existing one-car garage would be expanded into a two-car garage. A new front entry would also be established. Several existing skylights would be realigned on the roof to conform to the location of the proposed additions. Variances are requested for reduced front and side yard setbacks. Carolyn Shadan, owner, said she reviewed their current neighborhood and various designs that had come before the Board, and provided staff with a list of homes with two-car garages with their setbacks from the edge of pavement. She described the project design and said that they spoke with all their immediate neighbors who felt the addition would be in character with the neighborhood. Boardmember Corcoran asked if the owner considered keeping the distance of the garage door from the street at the same depth and pushing the bedroom back to avoid the effect of a tight visual corridor while driving down the street. Ms. Shadan replied that if the back bedroom was pushed out she would need to redo the entire master bathroom and bedroom She said that she will still be able to park two cars in her driveway and two cars inside the garage and two mature Pistachio trees in the front would hide the garage from the street. Boardmember Glassner questioned the use of skylights and Ms. Shadan said she would use a larger skylight as the house is very dark. She noted the skylights would be shaded with baffles and blinds and stated that her living room was barely visible from the hills above the site. There were no public comments. Boardmember T eiser felt the proposal w~ a modest expansion, with infill portions to the rear, and felt the design would in character with the neighborhood. He did not believe that the garage addition would create a tight corridor, noting that the project would not expand the entire front of the house. Boardmember Corcoran agreed the expansion was reasonable and similar to other projects in the neighborhood. He appreciated the non-particulate burning fireplace and the fact that the owner was expanding the one-car garage to a two-car garage, which would take another car off the street. Boardmember Glassner agreed that this was a modest and straightforward project. Chair Doyle stated that he liked the use of carriage doors for the garage and the feel it would give to the neighborhood. ACTION: It was MIS (Glassner/Corcoran) that the project is exempt from the provisions of the California Environmental Quality Act and approving the application subject to the conditions of approval as set forth in the Staff report. Vote: 4-0. TffiURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 5 5. 2 BARTEL COURT BAUM, ADDITIONSN ARIANCE/FLOOR AREA EXCEPTION LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCESIEXCEPTION DONBAUM EXISTING PROPOSED REQUIRED 13,434 S.F. NA NA 2,938 3,989 3,343 MAX 18.4% 19.5% 15.0% MAX 24'8" 25'10" 30' MAX 1 7' & 23' 1" 1 7' & 23 ' 1" 15' 46' 46' 30' 25' 25' 25' EXCESS LOT COVERAGE AND FLOOR AREA EXCEPTION 2BARTEL COURT The applicant has submitted a request for additions to an existing single-family dwelling. The proposal includes a small expansion and addition to the entry foyer, addition of a fifth bedroom, hobby room and wine room in the existing crawlspace beneath the entry, and an overall increase in the height of the structure. The existing trusses would be replaced to modify the appearance of the root: and to increase the ceiling height within the home. Currently the dwelling has a mansard style roof. The replaced trusses would result in a conventional style roof A variance for excess lot coverage and a floo! area exception are requested. Don Baum, owner, said he has worked with staff and neighbors and hoped the structure would be pleasing for the neighborhood. Chris McMahon, architect, said the remodel addition was a fairly simple remodel expansion of a 1970's era house with a false mansard root: which was extremely dated. He described the proposed roof changes and said that most of the additional floor area would be within the crawl space on the uphill side, which would have no visual impact to the neighborhood. The Chair opened the public hearing. Jeffrey Zalles said he lives directly behind the house and he complimented the owner and applicant for coming up with a plan that would have a minimal effect on their views. Tom Fall said that he had met several times with the applicant and he fully supported the project. The Chair closed the public hearing. Boardmember Glassner said the proposal was another elegant, straightforward design. He felt the process with working with the neighbors was great. TIBURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 6 Boardmember Teiser stated that he could support the variances and characterized the floor area exception as minimal. He said that the design is clever and felt the applicants were very sensitive to their neighbors' views. Boardmember Corcoran stated that he could make the variance findingsoecause the lot is smaller than normal and they were not. adding much lot coverage. He felt the excess floor area was acceptable because they would be adding the space underneath the house. He also expressed appreciation to the approach of the neighbors to the project and its minimal impacts. Chair Doyle supported the project, stating that it was a simple design which takes advantage of existing space under the house. ACTION: It was M/S (Teiser/Corcoran) that the project is exempt from the provisions of the California Environmental Quality Act and approving the application subject to the conditions of approval as set forth in the Staff report. Vote: 4-0. 6. 19 PLACE MOULIN ALMN ALENTINO, ALTERATIONS/APPEAL Planning Manager Watrous reviewed the appeal procedure for the Design Review Board. Clifford AIm, appellant, described the history of the house at 19 Place Moulin and a recent tree permit which allowed for the removal of 13 Pine trees on the site. He said that when the house was first approved they could not see the house because the row of trees obscured it. He stated that the removal of the trees created some privacy issues into their family room, master bedroom, front entrance, living room, and dining room He said that they did not appeal the tree permit as the permit required the planting of39 replacement shrubs, but now he was concerned that the driveway expansion would not leave room to plant the shrubs. He said that he also wanted to protect the integrity of the pedestrian easement and the ridge trail. Mr. AIm stated that they received a call from the general contractor who worked with the architect to make some modifications to the subject application which he felt would meet most of their objections or at least help the situation. He described the modifications as the construction ofa retaining wall at the edge of the ridge trail which would be topped by a 6-foot solid wood fence, which was intended to enhance the privacy of the future owners of the house, pedestrians using the ridge trail and the immediate neighbors. He felt the establishment of approximately 90 feet of fencing would add privacy and reduce noise and light from the house and driveway. He said the balcony had been reduced in size and moved away from his residence, with an access point onto the balcony eliminated. Boardmember Glassner asked how high the retaining wall would be, and Mr. AIm felt it was about 5-6 feet. There was discussion by the Board regarding the need for a retaining wall and its effect on the ridge trail and questions by Boardmembers Glassner and Teiser about the relationship of the changes to the basis for the appeal. Planning Manager Watrous recommended the Board allow TmURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 7 Mr. Sadrieh to explain the specifics of the proposal, noting that the retaining walls described by Mr. AIm did not appear to be on the plans prepared by Mr. Sadrieh. Mohamad Sadrieh, architect, said he inherited the project when the orig~al architect was unable to continue with the project. He stated that the previously approved driveway provided an inadequate turnaround space for the garage. He described previously approved fencing near much of the property perimeter, which was intended to provide abetter separation between the site and the ridge trail than just the shrubs. He stated that no retaining walls were proposed as part of the revised plans, although some sort of landscaped berm or low (2-3 foot tall) wall might need to be constructed adjacent to the ridge trail. He described the location of where the replacement shrubs would be planted, noting that the removed Monterey Pines have a limited lifespan, making the replacement planting a better long-term buffer for screening the area. He further described the changes to the roof and deck, which were intended to address privacy concerns. He said that the widened driveway had been moved back in so they now have a 4 foot area which would allow enough room between the expanded driveway and the fence to plant all previously approved materials. Chair Doyle suggested that, in order to make a decision, the Board request elevation drawings of the fencing and a more detailed planting plan. Planning Manager Watrous noted that staffmay have an objection to a taller wall along the ridge trail which would create a visual tunnel effect when it should look more like a natural hillside. He said if the Board felt comfortable with the revised plans, it could direct staff to prepare a resolution partially granting the appeal with the condition of approval that the revised plans supersede the old plans. There was no other public comment. Mr. AIm said the general contractor had come up with the idea ofa retaining wall and noted the elevation of the garage was about 6 feet above the trail. He said he would appreciate any approach that would address his privacy concerns, including more landscaping. He questioned how a house of this size could have been approved. next to ~ trail used by many people and then, during construction, how the owner could realize that there is not have enough room to get out of the garage. He felt that the Town had approved an unworkable design with undue consideration for neighborhood privacy and for those walking on the trail. He urged the Board to have the applicant indicate on the site the location of the driveway, planting area, curbs and property line. In summary, he stated that his intent was to have the design given a more thorough review, and added that whatever is decided upon would be fine with him Chair Doyle stated that the house design was approved in 2002 and he felt that this design would have never been approved by the current Board. Boardmember Teiser stated that the new plans may be appropriate, but recommended that plans be submitted and story poles installed for the Board and the neighbors to review. He recommended a continuance to Prepare the plans and install story poles or stakes. Boardmember Glassner agreed, stating that he was uncomfortable with the process and unclear about the plans. He said that it was not clear there were very firm grounds to the appeal. He said TffiURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 8 that he would like to see better plans, elevations, and a planting/landscape plan, along with story poles. Boardmember Corcoran stated that this was not the type of house he wo_uld approve. He acknowledged that the Board was stuck with trees that have been removed. He said he gave great deference to Mr. Sadrieh's professional judgment, but he felt the hillside next to the trail would need some sort of retaining wall, as it was extremely steep. He felt it was important to know exactly where the driveway, plantings and fence would be located. He said that the applicant needs to make sure some that the plantings and retaining wall would work. He said that many people who use the trail, and he would be embarrassed to see a tunnel of retaining walls next to the trail. He wanted to see better landscaping plans, including the areas next to the trail. He noted that the terrace would look down at the front door for the home at 20 Place Moulin. ACTION: It was MIS (Teiser/Glassner) to continue the matter to September 6, 2007 and ask that the applicant provide new plans, elevations, landscaping, retaining waD plans, and provide staking of where some of the improvements would be such as the driveway location. Vote: 4-0-1 (Frymier absent). 7. 490 RIDGE ROAD DUNPHY, NEW DWELLINGN ARIANCES 490 RIDGE ROAD LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCESIEXCEPTION DANIEL AND LINDA DUNPHY EXISTING PROPOSED REQUIRED 21,660 S.F. NA NA 3,161 4,121 4,166 MAX 17.0% 17.5% 15.0% MAX 22'6" 26' 30' MAX 19' & 8'10" 19' & 13' 15' 30' 30' 30' 102' 89' , 25' REDUCED SIDE YARD SETBACK AND EXCESS LOT COVERAGE The applicant is requesting Design Review approval for the construction of a new two-story single- family dwelling on property located at 490 Ridge Road. The subject property was previously developed with a two-story single-family residence which has been demolished. The main floor of the proposed house would include a living room, family room, kitchen, dining room, den, one bathroom and a master bedroom suite. The lower floor would include three bedrooms, one bathroom, a play room and a laundry room A two-car carport would be situated near the front of the property. A trellised cabana and small enclosed bathroom would be constructed near the location of a swimming pool to remain on the site. Eight skylights would be installed on the roof of the house. Variances are requested for reduced side yard setback and excess lot coverage. Roger Hartley, project designer, said that when the project had been approved one year ago, the owner's original desire and his charge was to preserve as much of the original structure as TffiURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 9 possible, saving the roof and most of the upper floor. He said that three small areas were to be added on the upper level and a larger addition was to be done on the lower level. He described the changes made to the plans after objections were received from several neighbors. Since that time, he said that wanted to drop the lower level down to increase the ceiling height and make changes to the roofline. He said that there was a 3 foot difference between the old roofline and new roofline, which was shown on the construction documents approved by the Building Division. He said that they tried to unify the roof and simplify the design of the roof with longer. ridges instead of having different roof pitches. He described several other minor changes to the bathroom and windows. He said that project was approved, a building permit was issued and they began to move forward, but demolished much of the house. He noted that Planning staff determined that this was now a new house rather than an addition to an existing house, and this was the reason they were before the Board today. Boardmember Glassner questioned whether or not it was the intent to demolish the entire structure when the project was originally approved. Mr. Hartley said it was not; as the owner was trying to preserve everything he could for cost reasons. Planning Manager Watrous added that the approved Design Review plans did not show the increased height or roof changes, and since these were shown only in the building plans and not highlighted as changes, the plans were invalid. Mr. Hartley said there were elements of the house they could not preserve and it got to the point where it would have cost more to keep the structure and the contractor demolished it. Boardmember Teiser asked Mr. Hartley why he did not return with an amended plan, as the Town has a procedure whereby if 50% or more ofa home is remodeled, it is considered new construction. Mr. Hartley said that the project was similar to the original plan except for the portion of the left hand ridge of the roof. He disagreed with comments in the staffreport, stating that the project would not impact views of the Golden Gate Bridge. Boardmember Corcoran noted that the house was now demolished, and asked if it would be possible to modify the house design to reduce the lot coverage and eliminate the need for a variance. Mr. Hartley confrrmed with the Board that variances were requested for the side yard setback as well as for excess lot coverage, and he agreed the house could be made smaller. The Chair opened the public hearing. Richard Dwyer stated that he owns the house at 500 Ridge Road which is adjacent to the subject property and would be most affected by the house. He noted that he had previously agreed to the changes approved by the Board, but was overwhelmed with the new story poles and the impact it would have on his view. He said the house felt like it would be right on top of his home. He said that the requested side yard setback would place the house only 13 feet away from his property line. He said that the 3 foot added height was overwhelming and was the reason for his objection. He noted that in the past, the deck went around the home and the house was lower. He confirmed that he did not object to the previous setback variance, but now he was objecting to the combination of the increased height and reduced setback. Responding to a question from TIBURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 10 Boardmember Teiser, Mr. Dwyer agreed that he would not have an issue with the setback if the roof were lowered. Boardmember Corcoran asked Mr. Dwyer if trees do not obscure his views of the water and the bridge, which Mr. Dwyer confirmed. - Pam Peterson described photos that she had submitted to staff showing her view across the proposed house. She stated that the trees beyond 490 Ridge Road have grown into, the view of the north tower of the Golden Gate Bridge and are likely to be trimmed in the future. She said that once the trees are trimmed, the proposed house would be more visible and could interfere with her views. She felt that the roof changes would affect a big swath of water view, which would be even bigger once the trees are trimmed. She said that she had no problem with the original plan, and requested that the house be lowered and brought back toward the road. Mr. Hartley stated that photographs of the old house indicate that Ms. Peterson's view of the roof has not changed other than a difference of 4" for the insulation. He felt that the 3 foot height change would affect only a very small amount of water view and would have no effect on the Golden Gate Bridge view. Boardmember Glassner asked Mr. Hartley to identify the proposed skylights and assess their impacts. Mr. Hartley said they had not made any changes to the already approved and existing skylights, and described changes made to the skylights during the review of the previous application. Chair Doyle asked why the owner wanted to change what was approved when everyone was happy with the previous design. Mr. Hartley said the changes had to do with working out the details of construction and the change in height came from a desire to clean up the rooflines. Boardmember Corcoran asked if the clerestory windows would have to be removed if the roof were lowered 3 feet. Mr. Hartley said it would be an iriconvenience and described the changes in roof pitch. The Chair closed the public hearing. Boardmember Glassner stated that the project was significantly different. He said that the project before was not a new house, and that while there might have been some buy-in from the neighbors before, now there are significant issues for the neighbors. He said that he was not comfortable with the scale or the process of the project and felt there was a lot more work to be done. Boardmember Corcoran stated that the house would not block views of actual bridge, but of water beneath the bridge, which was still important. He said that the 3 foot roof height increase would have too much of an impact and could not be justified. He suggested continuing the item to allow the architect to work out a compromise, adding that dramatic changes had been made which were too much for the neighbors. TffiURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 11 Boardmember Glassner said given the fact that the project has gone from a major renovation to demolishing and rebuilding the home, he requested a landscaping plan be done for the property that would enhance views rather than create further issues. - Boardmember T eiser stated that this was a new project, and he felt the applicant can start fresh. He stated that the applicant chose not to stay with the original approved drawings, and should therefore would work with the neighbors and consider alternative designs. He said that the application should be continued for a new look at the design Chair Doyle stated that he was always surprised when demolition like this occurs, as contractors know better than to simply start tearing structures down, and he felt this was rude. He said that the applicant could now look at new plans for a new house, with roof changes that would not block views. He felt there was an opportunity for the applicant to do it right and not impinge on the neighbors. ACTION: It was MIS (Corcoran/Teiser) to continue the item to September 20,2007. Vote: 4-0-1 (Frymier absent). 8. 1910 STRAITS VIEW DRIVE CONTINUED TO 9/6/07 KA VITSKY, GUEST HOUSE/SPA - F. APPROVAL OF MINUTES #13 OF THE 8/2/07 DESIGN REVIEW BOARD MEETING ACTION: It was M/S. (Glassner/Glassner) to approve the Minutes #13 of the 8/2/07 Design Review Board Meeting, as written. Vote: 4-0. G. ADJOURNMENT The meeting was adjourned at 9: 15 p.m TIBURON DESIGN REVIEW BOARD MINUTES #14 8/16/07 12 $. DIGJ.:sr ACTION MINUTES #15 TIBURON DESIGN REVIEW BOARD THURSDAY, SEPTEMBER 6, 2007 ~ 1505 TIBURON BOULEVARD A. ROLL CALL: Present: Chair Doyle, Boardmembers Corcoran, QI~ssner and Teiser Absent: Boardmember Prymier Ex-Officio: Planning Manager Watrous, Associate Planner Tyler, Assistant Planner Phillips and Minutes Clerk Harper B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. OLD BUSINESS BEFORE THE BOARD 1. , 9 Burrell Court 2. 23 Old Landing Road 3. 19 Place Moulin GRANTED Hariri Harle AlmN alentino E. NEW BUSINESS BEFORE THE BOARD 4. 5. 6. 7. 8. 1910 Straits View Drive 43 Upper North Terrace 35 Rolling Hills Road 78 Red Hill Circle 544 Silverado Drive Kavitsky Soofer Higgins Lanyadoo Cameron AdditionsN ariance/Floor Area Exception DENIED New Dwelling APPROVED Additions/Appeal P ARTIALL Y Guest House/Spa APPROVED Addition/V ariance APPROVED Spa/Variance APPROVED DecksNariances CONTINUED TO 10/4/07 . AdditionsNariance CONTINUED TO 9/20/07 F. MINUTES OF THE 8/16/07 D.R.B. MEETING - APPROVED AS WRITTEN H. ADJOURNMENT - 10:15 P.M. , D~1f 'tGEsr Fred C. Hannahs, President Casey A. Kawamoto, Vice President Catharine Benediktsson, Secretary Peter Hoyt Berg, Director Kenneth A. Marks, Director A-GENDA Sanitary District No.5 of Marin County Regular Board Meeting at Sanitary District No.5 of Marin County Meeting Room 2001 Paradise Drive, Tiburon, California Monday, September 10, 2007 6:30 p.m. CALL TO ORDER and ROLLCALL PUBLIC OPEN TIME: The public is invited to address the Board on items that do not appear on the agenda and that are within the subje.ctmatterjurisdiction of the Board. The Board will not take action On any pubiic cOll1II1eht. DIRECTORS COMMENTS AND/OR AGENDA REQUESTS CONSENT CALENDAR 1. Approval of July 2, 2007 Regular Board Meeting Minutes 2. Approval of August 6, 2007 Regular Board Meeting Minutes MANAGEMENT REPORT 3. Operations Report (O'Day) a. TiburonlBelvedere Compliance Report & Public Complaint Report July & August 2007 b. Continuing Education Marin County Pair Report 4. District Manager's Report a. Completion of 1993 Sewer Line Update b. Paradise Drive Sewer Line-Update c. Reissuance of Main Plant NPDES Permit-Update d. Inspection from EP A and RWQCB-Collection System' e. SCADA Update f Report on Special District and Local Government Institute Finance Seminar September 6-7, 2007 UNFINISHED BUSINESS 5. California Special District Association 2007 Board Election Mail In Ballot Electing One Candidate (Lynch) NEW BUSINESS 6. First Reading of Ordinance No. 2007-02 "An Ordinance of Sanitary District No.5 of Marin County, California, Amending Article VI of Ordinance No. 70-01" (Lynch) 7. Peninsula Emergency Notification System (Lynch) 8. Consider and Appropriate Funds for Attendance of Legal Counsel to Conferences/Seminars (L ynch) COMMITTEE REPORTS 9. Finance & Fiscal Oversight Committee " ". ...J: a. Minutes for Finance Committee Meeting of July 23, August 1, & August 30, 2007 b. Approval of Warrants August 2007 c. Receipt of Financial Reports for June, July & August 2007 d. Receipt of County Investment Report July 2007 e. Approval to Contract with Terry Krieg for FY 2006-2007 Audit 10. Paradise Cove Committee--No Meeting 11. Personnel Committee Minutes of August 16, 2007 12. Capital Improvement Committee Minutes of August 28,2007 13. Governance Committee--No Meeting 14. North Bay Watershed Association Report for July, August & September 2007 (Berg) a. Meeting at Marin Community Foundation on September 25 Regarding IR WMP CQRRESPQNj)EN(:]~~ INFORMATIONAL ITEMS 15. San Francisco Estuary Institute-Attached 16. Stone Tree Golf Course-Recycled Water Facility-Attached 17. Letter Roto Rooter dated July 11, 2007-Attached 18. North Bay Watershed Association-Request for Proposal (RFP). Developing a Program to Reduce the Infiltration/Inflow of Storm Water into Private Sewer Facilities-Attached 19. CLOSED SESSION--CONFERENCE WITH LABOR NEGOTIATOR California Government Code Section 54957.6 Agency Negotiator: Robert Lynch Employee Organization: Unrepresented employees Government Code Section 54957.6(a) A legislative body of a local agency may hold closed sessions with the local agency's designated representatives regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of its represented employees and unrepresented employees. ADJOURNMENT The Board will be asked to adjourn the meeting to a Regular Board Meeting October 1, 2007, at 6:30 p.m.at the Sanitary No.5 District Meeting Room at 2001 Paradise Drive, Tiburon, California. The Board of Directors may at its discretion, consider agenda items out of the order in which they appear above. Accessible public meetinf.!s: Upon request the District will provide written agenda materials in appropriate alternate formats, or disability-related modification or accommodation, including auxiliary aids or services to enable individual with disabilities to participate in public meetings. Requests are to be submitted in writing to the District at P. 0. Box 227, Tiburon, CA 94920 two days prior to the meeting. 14 TOWN OF TIBURON PLANNING COMMISSION 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting September 12,2007 -7:30 PM D 'G. ~ i::"- fl "cS., ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contacf the Planning Division Secretary at (415) 435-7390. 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 Planning Commission Agendas, Staff 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 Staff Reports are also available on the Tiburon website (www.cLtiburon.ca.us) after 5:00 PM on the Friday prior to the regularly scheduled meeting. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on agenda items. If you challenge any proposedaction(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. Planning Commission at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Planning Commission 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 Planning Commission agenda. . AGENDA CALL TO ORDER AND ROLL CALL Chairman Aguirre, Vice Chairman O'Donnell, Commissioner Collins, Commissioner Fraser, Commissioner Kunzweiler ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. ~. ,., ."" Agenda - Planning Commission Meeting September 12, 2007 Page 2 COMMISSION AND STAFF BRIEFING . Staff Update Commission Information Items PUBLIC HEARING 1. 1501 TIBURON BOULEVARD: RECOMMENDATION TO TOWN COUNCIL ON A ZONING ORDINANCE AMENDMENT IN THE FO.RM OF ADOPTION OF AN ORDINANCE ESTABLISHING A STREAMLINED DEVELOPMENT REVIEW PROCEDURE FOR THE BELVEDERE-TIBURON LIBRARY EXPANSION PROJECT; Belvedere-Tiburon Library Agency and Town of Tiburon, Owners and Applicants; Assessor's Parcel Nos. 058-171-62 (portion), and 058-171-93 and 058- 171-94 MINUTES 2. PLANNING COMMISSION MINUTES - Regular Meeting of August 22, 2007 ADJOURNMENT Future Aaenda Items 1600 Mar West Street - Conditional Use Permit Review - Tiburon Peninsula Club (TBD) 41 Main Street - Conditional Use Permit Review (TBD) a091207 Aug 31 28B7 17:84:34 Via Fax -) Alex D. McIntyre Page 8Bl Of BB2 4,. al' 1400 K Street, Suite 400. Sacramento, California 95814'1<i~~).. Phone: 916.658.8200 Fax: 916.658.8240 U ,. I/IMNJ .cacities .~~ -1tJC C'~V~ ACA 8: URGENT CALL TO ACTION . r~~%" J 1 ('OIJ.> '() Olfr,.y W4% /' . OJ:' Rs It's "make or break" time for ACA 8 (De La Torre), the League sponsored eminent Jfs(;~ oj:''<;c domain reform constitutional amendment. It will be voted on as early as Tuesday, v4' ~ September 4 by the entire Assembly. LEAG'U'E () F CAI.J F' ORN fA ,~l~"... C I. r-.r I E 5 This weekend is the time-while they are home today and over the Labor Day weekend-to contact your Assembly Member to urQe a IIYes" vote on ACA 8. Phone calls or in-person meetings with your legislators are most effective. This bill requires a two-thirds vote, meaning that Republican votes are needed for passage (in addition to Democrats). There are several Republican Assembly Members who want to vote for the reasonable eminent domain reforms in ACA 8, but they need to know that they have the support of their constituents. If you are represented by a Republican Assembly Member, it is particularly important he or she hear from you. New Amendments This Week This measure was amended this to prohibit the taking of churches (places of worship) and owner-occupied duplexes by eminent domain for transfer to private owners. The church amendment in particular is important to gaining Republican support. Therefore, as amended. the proposed constitutional amendment does the following: · ACA 8 prohibits the use of eminent domain to acquire an owner-occupied home (including townhomes, condos and duplexes) for transfer to another private party. · ACA 8 prohibits the use of eminent domain to acquire a church/place of worship to transfer to another private party. Churches or houses of worship are defined as all real property used exclusively by the owner for religious worship if the property qualifies for tax exemption under the state constitution for houses of , religious worship. · ACA 8 prohibits government from using eminent domain to acquire a small business for transfer to another private party unless the small business is in a redevelopment project area and first offered an opportunity to participate in the redevelopment project. If that is not practical, it must be offered improved relocation benefits (under AS 887) or fair market value of the business and property. · ACA 8 requires a home or small business property acquired by eminent domain to be offered for resale to the original owner if the government does not use the property for a public use. These provisions have been also been summarized in a D!.{~.~UX_..t(.?Lr.n. ACA 8 Action Alert page 2 .'.i..~~ .$:~ Abg 31 2887 17 :85 :83 V ia Fax -) Alex D. HcIntyre Page 882 Of 882 The followina are Doints to make when talkina to your leaislator: · ACA 8 was amended to prohibit the use of eminent domain to take churches for conveyance to another private party. · As amended, ACA 8 now contains strong constitutional prorubitions against using eminent domain to take homes, small businesses, and churches to convey to a private party. · Legislators should pass ACA 8 THIS YEAR and prove to the voters that they have finally acted to protect homes, small businesses and churches from eminent domain. · The measure responds directly to public fears caused by the Supreme Court's unpopular decision in Kelo v. New London without extraneous provisions that will hurt local communities. · ACA 8 is the best and most responsible reform measure under consideration. The companion statutory measure, AB 887 (De La Torre), provides enhanced protections and benefits for small business owners facing condemnation. Currently, AB 887 is waiting for a vote on the Senate Floor. If it passes, it will have to go back to the Assembly for concurrence. A majority vote and the Governor's signature are required for AS 887's passage. More information on the legislative package can be found at the Californians for Eminent Domain Web site Y.v.~JHD1D.QD.t~Jg.!I!.~.!.[,1J.~lt9JJ!.L~.(HD.. Contact your Ibcal regional representative with questions or feedback from your discussions with legislators. 1100 South Eliseo Drive, Su.ite 4, Greellbrae, CA 94904 Telephone: 415-461-5700 D'G x,. I~~, Fax: 415-461-0308 MARIN HEAL THCARE DISTRICT H08J.d of Directors l\1arin Healthcare District Chair: Sharon Jackson MBA Members: Archimedes Ranl1rezM .D., LaITY Bedard :M.D., James Clever M.D. Jennifer Rienks Ph.D. RECEIVED SEP - 5'2007 Staff: TOWN MANAGERS OFFICE TOWN OF TISURON AGENDA Thursdav September 6'12007 7:00p,m. Location: The Conference Center at M'arin General Hospital 250 Bon Air Road Greenbrae, California 94904 Regular Meeting Bany Woemlal1, Executive Director Colin Coffey, District Counsel Guests: Robert DeMarco and Staff - IT Consultants ************************************************************************************* *Iltdicates Action Items ATTACH1\o1ENTS 7:00 (1) CALL TO ORDER 7:00 (2) ROLL CALL 7:05 (3) *APPROVAL OF AGENDA 7: 10 (4) * AFPROY AL OF THE CONSENT AGENDA A. Acceptance of Minutes for the May 14, 2007 Meeting Of the Managenlent, Finan.ce, and Audit Committee. B. Approval of Minutes for the July 10, 2007 Special Study Session on Strategic Planning. C. Approval of the Minutes for the August 14, 2007 Regular Board Meeting. Jackson Wo enn an J acksol1 Jackson 4(A) 4(B) 4(C) 7: I 5 (5) * ACTION lTEMS IN ORDER OF PRIORITY A. Transition Related Items. 1. Earthquake insurance issues 2. Review and accept Initial Draft of the Infonnation Technology Transition Plan. B. Other Action Items 1. Resolve that the MHCD Board authorize the Executive Director to accept donations of office Equipment, supplies and furnishings. 2. Authorize the Executive Director to revise the Investment Policy to support local Banking Institutions. Woemlan DeMarco Clever Clever 7:45 (6) EDUCA TIONAL PRESENTATION ON DISTRICT! SUBSIDIARY GOVERNANCE MODELS Coffey A copy of the agenda for the Regular Meeting will be posted and distributed at least seventy-two (72) hours prior to the meeting. Alncrican Sign Language Interpreters may be requested by calling (415) 461-5700 (voice) or (415) 461-0308 (facsimile) at least 48 hours in advance of this meeting. Page 1 of2 '"". ., ..\ 8 :25 (7) GENERAL PuBLIC COMMENT Jackson 8:40 (8) REPORTS A. Chair~ s Report B. Reports of Board Menlbers C. Adlllinistrative Report 1. COInnllInications Plan D. Hospita.l Report - defelTed 8(A) 8(B) 8(B)1 9:00 (9) PREVIEW OF ITEMS.FOR NEXT MEETING 9: 15 (.1 0) ADJOURNAMENT Any 11lenlber of the audience lnay m.ake statements regarding any item NOT on the agenda. Statements are limited to a max.imum of three (3) minutes. ****************************************************************************************** Upcoming Schedule: · Next Regulat Monthly District Board Meeting. ****************************************************************************************** A copy of the agenda for the Regular Meeting will be posted and distributed at least seventy-two (72) hours prior to the meeting. American Sign Language Interpreters may be requested by calling (415) 461-5700 (voice) or (415) 461-0308 (facsimile) at least 48 hours in advance of this meeting. Palle 2 of 2 L. BOARD OF SUPERVISORS COUNTY OF MARIN D"~';G~' , .. . ~;....' r'l.... "" ~ .\>; ~,;~ ! SPECIAL MEETING Monday, September 10, 2007 Board of Supervisors Chambers, Room 330, Civic Center "J NOTICE IS GIVEN that President Steve Kinsey, Marin County Board of Supervisors, has called a special meeting of the Marin County Board of Supervisors on Monday, September 10, 2007, to be held at 12:00 p.m. .in the Board of Supervisors Chambers, Room 330, Civic Center, San Rafael, California. . The business to be transacted at the special meeting consists of two matters described below. 12:00 p.m. Convene in Open Session (in Room 324 A) Convene in Closed Session. 1. Conference with legal counsel regarding potential California Government Code Section 54956.9(b )(1). Cases: One (1). litigation pursuant to Number of Potential Reconvene in Open Session (in Room 330) Announcement from Closed Session. 1 :30 p.m. 2. Consideration of Countywide Plan ("CWP") Update: All topics of the CWP. Recommended actions: Receive staff's presentation, conduct a public hearing, close public testimony, provide direction to staff and adjourn to September 11, 2007. This will be a public meeting, and interested persons may make comments to this Board on the proposed actions. Copies of this notice have been hand delivered or sent via facsimile to all members of the Board of Supervisors and media outlets who have requested notice of special meetings. * * * * * * * * * * * * * * * * * * * * [5] u ~ JI --- ..... .... ..... - All County public meetings are conducted in accessible locations. If you require American Sign Language interpreters, assistive listening devices or other accommodations to participate in this meeting, these may be requested by calling (415) 499-7331 (voice) or (415) 499-6172 (TTY) at least 72 hours in advance. Copies of documents used in this meeting are available in accessible formats upon written request. The agenda is available on the Internet at http://www.co.marin.ca.us/efiles/BS/AgMn/cybagnda.htm The Board meeting is broadcast live over the Internet at http://www.co.marin.ca.us/depts/BS/Archive/Meetings.cfm A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. AGENDA FOR MARIN COUNTY BOARD OF SUPERVISORS t""'- / if .fl"'" ~ ~ t' W; i-.' t\! ~. .~l~~' [' Ita 4>> Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AGENDA Tuesday, September 11, 2007 Board of Supervisors Chambers, Room 330, Civic Center 10:00 a.m. 1. Approval of minutes of the regular meetings of August 14, 21, and 28, 2007, and the following special meetings: March 21 and 22; April 9; May 2 and 7; May 23 and 30; and August 22,23 and 29, 2007. 2. Board of Supervisors' matters. 3. Administrator's report. 4. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 5. Consent Calendar A (Items CA-1 through CA-11) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) 6. Consent Calendar B (Items CB-1 through CB-2) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 7. Request from Supervisor Adams and the Office of Emergency Services to adopt a resolution proclaiming the month of September 2007 as "Marin County Preparedness Month". 8. Request from the County Administrator to confirm appointment of Gail Haar to the position of Director of County Library Services. Recommended action: Confirm appointment as detailed in staff report dated September 11, 2007. K5J g ,..,. ..... .... ..... - ~ JI All County public meetings are conducted in accessible locations. If you require American Sign Language interpreters, assistive listening devices or other accommodations to participate in this meeting, these may be requested by calling (415) 499-7331 (voice) or (415) 499-6172 (TTY) at least 72 hours in advance. Copies of documents used in this meeting are available in accessible formats upon written request. The agenda is available on the Internet at htto:/lwww.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Intemet at htto:/Iwww.co.marin.ca.us/deots/BS/Archive/Meetinas.cfm A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. .,1\ 9. Request from the Department of Parks and Open Space to review the draft capital improvement project list and funding opportunities related to Proposition 84. (The Safe Drinking Water, Water Quality and Supply, Flood C~ntrol, River and Coastal Protection Bond Act of 2006.) Recommended actions: Review and provide direction to staff. 10. Request from the Public Works Director to direct staff to proceed with proposed changes to the Employee Commute Alternatives Program ("ECAP") as detailed in staff report dated September 11 , 2007. Recommended actions: Approve. 11. Status Report from the County Administrator concerning efforts to reduce the long- term liability of County-funded retiree healthcare. Recommended actions: Accept recommendations as outlined in staff report dated September 11, 2007. 12. Presentation from the Community Development Agency on the Re-inventory of Greenhouse Gas Emissions Report and request to adopt resolution to reduce the risks of climate change. Recommended actions: Accept report and adopt resolution. 13. Request from the County Administrator for Board concurrence and adoption of response to 2006-2007 Grand Jury Report "The Marin County Treasurer's Office" (June 22, 2007). Recommended actions: Concur in and thereby adopt the response and direct the President to submit the response to the Presiding Judge. 14. Request from the Community Development Agency to award construction contract for the Marshall Phase 1 Wastewater Assessment District System. Recommended actions: Award contract to Furlong Brothers Construction of Tomales, CA, in the total amount of $1,000,000. 15. First Reading: Ordinance amending Section 3.08.040 of the Marin County Code pertaining to formal bid procedures. Recommended actions: Request Clerk to read ordinance by title only and schedule merit hearing for September 25, 2007, at 10:30 a.m. 16. First Reading: Ordinance amending Section 3.33.010 of the Marin County Code increasing the hourly rate charged to independent districts or agencies for legal services rendered by Marin County Counsel. Recommended actions: Request Clerk to read ordinance by title only and schedule merit hearing for September 25, 2007, at 10:30 a.m. 17. Request from the Human Resources Director to approve tentative agreement with Teamsters Local 856 -- Probation, for a three-year successor agreement to the collective bargaining agreement, effective August 26, 2007. Recommended actions: Approve. Marin County BOS Agenda 2 9/11/2007 18. Request from the Human Resources Director to establish the new classification of Health & Human Services Personnel Manager, (Class #0290), effective September 11, 2007, and take related actions as detailed in staff report dated September 11, 2007. Recommended actions: (a) Establish the new classification and related salary ranges; (b) approve assignment to Confidential Professional BU-FG 24-01; (c) authorize a position to be filled by competitive exam; and (d) delete the classification of Chief of Administrative Services, Health & Human Services. 19. Request from the Human Resources Director to establish the new classification of Planning & Resource .Chief, Parks and Open Space (Class #0285), effective September 9, 2007, and take related actions as detailed in staff report dated September 11 , 2007. Recommended actions: (a) Establish the new classification and related salary ranges; (b) approve assignment to Unrepresented Supervisory BU-FG 30-01; (c) add 1.0 FTE Planning & Resource Chief, Parks and Open Space; (d) authorize position to be filled immediately; and (e) delete 1.0 FTE Planning & Acquisition Manager (Position #06200001) upon retirement of current incumbent. 20. Request from the Retirement Administrator and the Human Resources Director to approve the addition of 2.0 FTE Retirement Member Services Technicians (Class #0266), effective September 11, 2007, to provide new and increased services to assist both active and inactive Marin County Employees' Retirement Association ("MCERA") members. Recommended actions: Approve. 21. Appointments: a. Commission on Aaina One vacancy representing District 1 due to the resignation of Catherine Lee. Recommended action: Schedule appointment for October 2,2007. b. Marin Economic Commission One vacancy representing the Marin Builders Association due to the resignation of Terry Hennessy. Recommended action: Schedule appointment for September 25, 2007. c. Workforce Investment Board One vacancy representing Business due to the resignation of David Kirn. An application has been received from Dan Daniels, Sr. Recommended action: Make appointment. 22. Closed Session: Conference with legal counsel regarding existing litigation pursuant to California Government Code Section 54956.9(a). Name of Case: Paulsen v. County of Marin. Marin County BOS Agenda 3 9/11/2007 1 :30 p.m. 23. CA-1. CA-2. CA-3. CA-4. Reconvene in Open Session Announcement from Closed Session. Hearing: Consideration of Countywide Plan Update: Natural Systems and Agriculture Element. Recommended actions: (a) Conduct a public hearing on the Natural Systems and Agriculture Element focusing on the topics listed in the September 11, 2007, staff report; (b) close public hearing on Natural Systems and Agriculture Element; (c) provide staff direction regarding Board intentions on the Natural Systems and Agriculture Element; and (d) continue public hearing to consider the Built Environment and Socioeconomic Element to Tuesday, September 25, 2007, at 1 :30 p.m. ********************** CONSENT CALENDAR A (Items CA-1 throuah CA-11) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) Aoriculture/Weiohts and Measures: Request to (a) authorize President to execute a three-year contract with the California Department of Food and Agriculture (No. 07-0149), in the amount of $249,870.69, ($83,290 per year) for Glassy-Winged Sharpshooter ("GWSS") exclusion and detection efforts; and (b) adopt corresponding resolution authorizing execution of agreement. Aud itor -Controller: Adopt Resolution No. 2007- fixing tax rates for Fiscal Year ending June 30, 2008, applicable to the countywide area and the various override taxes including those which were voter approved prior to Proposition 13. Board of Supervisors: Supervisor Kinsey requesting adoption of Resolution No. endorsing the Marine Life Protection Act Initiative and its implementation in Northern California. Community Development Aoencv: a. Authorize President to execute amendment to Community Development Block Grant agreement with Canal Alliance, in the amount of $12,944 for a total amount of $56,054, for child care services for low income families. b. Authorize President to execute amendment to Community Development Block Grant agreement with the City of San Rafael, in the amount of $13,450 for a total amount of $56,950, for child care support services to serve low income families. c. Authorize President to execute agreement with Questa Engineering Corporation, in the amount of $149,180, related to the Marshall Phase One Wastewater project. Marin County BOS Agenda 4 9/11/2007 CA-5. CA-6. CA-7. CA-8. d. Authorize President to execute amendment to agreement with HMW International, extending the contract end date to February 28, 2008, related to technical assistance with the Community Choice Aggregation, Phase II study. County Administrator: a. Adopt Resolution No. 2007-_ continuing the local emergency declaration for the County of Marin, related to severe storm damage, in conformance with Government Code Section 8630. b. Authorize President to execute agreement with Homeward Bound, in the amount of $500,000, for temporary housing of homeless men and women. c. Authorize President to execute agreement with Next Generation, in the amount of $45,000, to support the continuance and expansion of the Green Schools Program. . d. Authorize President to execute amendment to agreement with the North Bay Children's Center, in the amount of $10,000 for a total contract amount of $30,000, to provide funding for parent education and family support programs. Farm Advisor: Authorize President to execute Salary Reimbursement Agreement with the University of California, in the amount of $61,250, to reimburse the University of California for payroll and related expenses of a staff associate for the sustainable agriculture program in Marin County. Health and Human Services: NOTE: Agreement in item CA-7a is a renewal of an existing agreement that was included in and funded in the FY 2007-08 budget. a. Authorize President to execute FY 2007-08 agreement with MV Public Transportation, Inc., in the amount of $82,000, to continue to provide a flexible route shuttle service between 120 N. Redwood Drive and the San Rafael Transit Center. b. Authorize President to execute agreement with Mary McGovern Gebhardt, in the amount of $60,000, for organizational development consultation. c. Authorize President to execute FY 2007-08 agreement with Mary Ann Caswick, M.D., in an amount not to exceed $70,000, for psychiatric evaluation and treatment to adult outpatients, clients in County Jail and on-call services. d. Authorize President to execute FY 2007-08 agreement with Ritter Center, in the amount of $50,000, to provide general medical care services. Parks: a. Authorize President to execute amendment to agreement with Miller Pacific Engineering Group, in the amount of $6,000 for a total contract amount of $30,800 and extending the contract to June 30, 2008, for additional geotechnical services related to storm damage repairs. b. Authorize President to execute Notice of Completion for the Forest Knolls Park construction project. Marin County BOS Agenda 5 9/11/2007 CA-9. CA-1 o. CA-11 . Public Works: a. Request to approve sole source purchase of fifty handheld Live 10 devices from Cogent Systems, Inc., of South Pasadena, CA, in the amount of $118,662.50, for the Marin County Sheriff's Department. b. Approve temporary closure of Flamingo Road from Bell Market to Bell Lane and Bell Lane to Tam Valley Elementary School on Wednesday, October 3, 2007, from 7:30 a.m. - 8:45 a.m., for the Safe Routes to School International Walk to School Day. c. Request to approve plans and specifications and direct Clerk to advertise for bids for the North San Pedro Road Streetlight Replacement, Garden Ave. to La Pasada Project. (Project No. ECMCLD) d. Authorize President to execute First Addendum to the three-year agreement with SimplexGrinnell LP, increasing the contract by $45,346 for a total amount of $177,064, for the inspection and testing of the fire alarm and fire detection system in the County Jail. e. Request to waive formal bidding process and approve the purchase of an Emergency Medical Paramedic Ambulance from Leader Industries, Inc., of So. EI Monte CA, for a total amount of $158,251.42, for the County Fire Department, as detailed in staff report dated September 11, 2007. f. Approve sole source agreement for the annual maintenance agreement, in the amount of $87,686.99, from AT&T of San Ramon, CA, for maintaining the Cisco networking equipment supported by the Marin County Information Services and Technology Department. g. Approve issuance of a Blanket Purchase Order, in an amount not to exceed $72,204 for a one-year period, to Gardener's Guild, Inc., of San Rafael, CA, for landscape maintenance in common areas along Sir Francis Drake Boulevard, County Service Area ("CSA") 16, Greenbrae. h. Approve issuance of a Blanket Purchase Order, in a total amount not to exceed $83,369, to Cagwin & Dorward of Novato, CA, for landscape maintenance at nine properties owned or managed by the County. Reaistrar of Voters: a. Request to take the following actions pertaining to the County Clerk's Canvass of Election results of the election of members to the Marin County Employees' Retirement Association Retirement Board: (i) Adopt Resolution No. 2007- declaring the election of Maya Gladstern, "Second Member, Miscellaneous"; and (ii) Adopt Resolution No. 2007 - declaring the election of James Hufford, "Seventh Member, Safety". b. Adopt Resolution No. 2007- appointing nominees in Lieu of Election for the November 6,2007, Consolidated Uniform District Election. c. Adopt Resolution No. 2007 - approving the consolidation of all requesting jurisdictions on the ballot for the Consolidated Uniform District Election on November 6, 2007, and authorizing the Registrar of Voters to provide election services to these jurisdictions. Treasurer: Monthly report of County, Schools, and District Investments as of July 31,2007. Marin County BOS Agenda 6 9/11/2007 CONSENT CALENDAR B (Items CB-1 throuah CB-2) (Four affirmative votes reauired) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1. Librarv: Request to (a) authorize President to execute First Addendum to the agreement with TBW&B Public Finance Strategies, LLC, increasing the contract by $90,000, for consulting services related to the Marin County Free Library - Services and Facilities Vision Plan; (b) accept donation of $36,000 from the Marin County Library Foundation; and (c) approve related budget actions as detailed in staff report dated September 11 , 2007. CB-2. Public Works: Request to take the following actions related to the Marin County Exhibit Hall Mechanical Improvements Project: (a) award contract to lowest responsible bidder, Climate Mechanical of Santa Rosa, CA, for the base bid amount of $378,000; (b) authorize a contract contingency of $37,800 for a total construction cost of $415,800; (c) authorize additional construction funds, in the amount of $20,000, to cover permit fees and testing; and (d) approve related budget actions as detailed in staff report dated September 11, 2007. (Project No. CAP-94025-07) Marin County BOS Agenda 7 9/11/2007