HomeMy WebLinkAboutTC Agd Pkt 2002-12-04
TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
December 4, 2002
6:30 PM - Closed Session
7:30 PM - Regular Meeting
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in
this meeting, please contact the Town Clerk at (415) 435-7377, Notification 48 hours prior to Ihe
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.
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 deiivered to the Town Council at, or prior to, the Public Hearing{s),
TIMING OF ITEMS ON AGENDA
Whiie the Town Council attempts to hear all items in order as stated on the agenda, it reserves the
right to take ilems out of order. No set times are assigned to items appearing on the Town Council
agenda,
TOWN COUNCIL AGENDA
CLOSED SESSION
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957)
Title: Town Manager
Title: Town Attorney
CONFERENCE WITH lEGAL COUNSEL - EXISTING LITIGATION
(Section 54956,9(a))
Howard Zack, Diane Zack v, MERA and Town of Tiburon
MERA v_ Town of Tiburon and Dean Bloomquist
Citizens for Open Process in Antenna Siting (COPAS) v_ MERA and Town of Tiburon
Tiburon Residents (TRAUMAS) v, Town of Tiburon and MERA
Xanadu v, Town of Tiburon
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Agenda - Town coun,~Q'!,:!liJl.!i.';~,~ A ~
Decem.ber a~'200. 2 \',.1"." '{I
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CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956.9(b)(3)(C)
Claimant: UDI-Tetrad
CALL TO ORDER AND ROLL CALL
Councilmember Berger, Councilmember Fredericks, Councilmember Thompson, Vice Mayor Slavitz, Mayor Gram
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on any subject not on the agenda may do so now_
Please note however, that the Town Council is not able to undertake extended discussion or actioh
tonight on items not on the agenda, Matters requiring action will be referred to the appropriate
Commission, Board, Committee or staff for consideration and/or placed on a future Town Counci,1
meeting agenda, Please limit vour comments to no more than three (3) minutes,
ELECTION OF MAYOR
Mayor Gram will receive nominations for the office of Mayor and conduct the election,
ELECTION OF VICE MAYOR
The Mayor-elect will take the Chair and conduct the election of Vice Mayor.
COUNCILMEMBER COMMENTS
Councilmembers will have an opportunity to reflect on the past and coming year.
CONSENT CALENDAR
All ilems on the Consent Calendar may be approved by one motion unless a request is made that
an item be transferred to the Regular Agenda for separate discussion and consideration, Any item
on the Regular Agenda may be moved to the Consent Calendar,
1, Recommendation by Town Clerk - Certification of November 5, 2002 Eleclion Results
a) A Resolution of the Town Council of the Town of Tiburon
Certifying the Results of the November 5, 2002 Municipal
Election for the Purpose of Deciding Ballot Measure "I"
2, Recommendation by Director of Public Works - Authorize Remedial Road Repair - Southridge
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Agenda - Town Council Meeting
December 4, 2002
Page 3 of 5
3, Recommendation by Director of Public Works - Authorize Town Manager to Issue Task Order
for Engineering & Design Services for 2002-03 Drainage Improvement Projects
4, Recommendation by Director of Administrative Services - Accept Annual Town Audit Report
5, Recommendation by Director of Administrative Services - Budget Amendments
a) Create MERA Account - $140,000
b) Trailer Purchase for Public Works - $5,572
c) Salary Adjustments - MAPE, Mid-Management and Management - $48,138
6, Request by Reed Union School District - Adopt a Resolution Supporting a Community Joint-use
Facility on the Tiburon Peninsula
a) A Resolution of the Town Council of the Town of Tiburon Endorsing in Concept the New
Gymnasium/Community Center proposed by the Reed Union School District at Del Mar
7, Recommendation by Senior Planner - Adoption of Resolutions regarding Two Appeals of Design
Review Board Decision regarding 2355 Paradise Drive
a) A Resolution of the Town Council of the Town of Tiburon
Denying an Appeal by Wallace and Susan Quinn of the
Approval of Site Pian and Architectural Review and a Variance
For Property located at 2355 Paradise Drive
b) A Resolution of the Town Council of the Town of Tiburon
Partially Granting an Appeal by Robin Moore of the
Approval of a Site Plan and Architectural Review and a Variance
for Property located by 2355 Paradise Drive
8. Recommendation by Town Attorney - Request to join Amicus Brief
Schifando v, City of Los Angeles - California Supreme Court Case No, 5106660
9, Recommendation by Director of Administrative Services - Accept October 2002 Town
Investment Summary
REGULAR AGENDA
10, Presentation by Paradise Drive/Solano Avenue Residents - Proposed Undergrounding of
Utilities Assessment District - Oral Presentation
11, Request by Belvedere Community Foundation - Town Funding for the Reconstruction of the
Belvedere Playground - Oral Presentation
PUBLIC HEARING
12_ Recommendation by Director of Community Development - Amend Chapter 13 of Town Code
to Incorporate Revisions to Title 24 part 9 of the California Code of Regulations, the 2001 California
Fire Code and the 2000 Uniform Fire Code
Read by Title Only
, ;t'd reading and Adoption of Ordinance
Agenda - Town Council Meeting
December 4, 2002
Page 4 of 5
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a) An Ordinance of the Town Council of the Town of Tiburon
Amending Chapter 13 of the Tiburon Municipal Code
(Building Reguiations)
13, Recommendation by Director of Community Development - Request for Extension of Time to
File Precise Development Plan
Address:
Appiicant:
APNo,
375 Taylor Road
Miranda Leonard
38.182-42
ADJOURN THE TOWN COUNCIL AND CONVENE THE TIBURON REDEVELOPMENT AGENCY
TIBURON REDEVELOPMENT AGENCY AGENDA
CALL TO ORDER AND ROLL CALL
Boardmember Berger, Boardmember Fredericks, Boardmember Gram, Boardmember Slavitz,
Boardmember Thompson
ADOPTION OF MINUTES
1) February 6, 2002
ANNUAL BUSINESS MEETING
2) Accepl Auditor's Report
ADJOURN AND RECONVENE AS THE TIBURON TOWN COUNCIL
COMMITTEE AND COMMISSION REPORTS
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - November 22, 2002
Town Council Weekly Digest - November 29, 2002
ADJOURNMENT - to a celebralion at the home of the Mayor-elect.
The next regular meeting of the Town Council wili take place on Wednesday, January 15, 2003,
UPCOMING AGENDA ITEMS & EVENTS
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Agenda - Town Council Meeting
December 4, 2002
Page 5 of 5
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Chamber of Commerce Festival of Trees - (December 7)
City of Belvedere Holiday Party - (December 10)
Traffic Safety Committee Meeting - (December 17)
Town Holiday Party - Caprice Restaurant - (December 18)
General Plan Update - (future agenda)
Approval of Winters Parcel Map - (future agenda)
Draft Grading Ordinance - (future agenda)
Revised Planning & Engineering Fee Schedule - (January 15, 2003)
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RESOLUTION NO, -2002
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TmURON
CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION
HELD IN AND FOR THE TOWN OF TIBURON, STATE OF CALIFORNIA,
ON THE 5TH DAY OF NOVEMBER 2002
FOR THE PURPOSE OF
DECIDING BALLOT MEASURE "I"
WHEREAS, the Town Council of the Town of Tiburon did heretofore order an election
to be held within the Town of Tiburon on the 5th day of November 2002, for the purpose of
deciding a ballot initiative;
WHEREAS, said election was held pursuant to the requirements of the Government Code
and the Elections Code of the State of California; and
WHEREAS, the Town Council of the Town of Tiburon has, pursuant to Section 22932 of
the Elections Code of the State of California, canvassed the returns from said elections;
NOW THEREFORE BE IT RESOLVED, ORDERED AND DECLARED as follows:
1. That the whole nwnber of ballots cast in the Town of Tiburon in said election was 3,780
which comprised 52.57% per cent of the registered voters;
2. That the ballot measure voted on was Measure "I";
3, That the nwnber of votes counted by precinct were:
PRECINCT NO, 3301: SHEPHERD OF THE HILLS LUTHERAN CHURCH
YES 171
NO 121
PRECINCT NO, 3302: DEL MAR SCHOOL
YES 163
NO 216
Town Council Resolution No, -2002
12/4102
1
PRECINCT NO. 3303: TIBURON BAPTIST CHURCH
YES 87
NO 120
PRECINCT NO, 3304: TIBURON TOWN HALL
YES 165
NO 220
PRECINCT NO, 3305: TIBURON TOWN HALL
YES 159
NO 154
PRECINCT NO, 3306: TIBURON TOWN HALL
YES 158
NO 81
PRECINCT NO. 3307: BEL AIRE SCHOOL
YES 124
NO 192
4, That the number of votes cast by absentee ballot for Ballot Measure "1" was:
YES 766
NO 883
5. That the total number of absentee ballot votes counted were:
1649
6, That the Town Clerk is hereby directed to cause a certified copy of this resolution to be
delivered to the committees in support of or opposed to Measure "I",
Town Council Resolution No. -2002
12/4/02
2
PASSED AND ADOPTED at a special meeting of the Tiburon Town Council on
December 4, 2002, by the following vote:
AYES:
NOES:.
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
TOM GRAM, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
3
NOV,-22'02IPRI) 1128 ELECTIONS
TEL:41S-499-6447
P 002
CERTIFICATE OF CANVASS OF VOTE
I, MICHAEL J. SMITH, County Clerk/Registrar of Voters, County of Marin,
State of California, do hereby certify that on November 21, 2002, I
canvassed the vote cast at the Consolidated General Election held on
November 5, 2002, and the results of said canvass are as follows:
(See Attached)
IN WITNESS WHEREOF, I have sel my hand and affixed my official seal on
the 21 sl day of November, 2002,
SEAL
\,JiL.fQ S~~
MICHAEL J, SMITH
County Clerk/Registrar of Voters
NOV, -22' 02(FRII 1128
ELECTIONS
TEL:4!S-499-6447
P 001
I
CONSOLIDATED GENERAL ELECTION Dntc:IJ/21/(12
NOVEMBER 5, 2002 Time: INS:/8
Page: I nl" 1
OFFIC1AL FINAL
TURNOllT TlflVRON. INITIATiVe MEASlIRE I. MAJ
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VULl:'rs CrISI TUI1l(lII\ Vulcn;, C(\\\!UI.'\\ Vllle-;
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ommo::! - l)S5 J');'l 41.15')1, '155 JI)J :i79 1(1.1 4.1.01% 21(. 5ii,99tll,
(11)01303 .-- 60.1 nt J6./l5% 60J 221 :HJ7 87 4'],0)% EO 57.97"1J
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" -- %6 125 HM% 316 12<1 39,24% 11)2 (iO.76%
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S~::!(, J899 m5M~ 5520 1f\l)f) )7IlU 179) J.'JAl% 1987 52.Hr?"
Town of Tiburon
STAFF REPORT
AGENDA ITEM 0<
" " " " " " . " " . " " " . . " . . . . . . . " . . . " " . . . . . . . . ~ . .
TO:
Mayor and Members of the Town Council
Pat Echols, Director of Public Worksl Town Engineer
FROM:
SUBJECT: Authorize Town Manager to Execute Contract for Remedial
Road Repair ~ ,
~~~~I~~~~T,E: ~~c,e~~~r,~' ~~O,2 , , , . . , , ,~~I~:~~~~:~,
BACKGROUND & DISCUSSION
South ridge East was resurfaced as part of the 2001 Street Rehabilitation Project.
The plans prepared by I.l. Schwartz Associates specified edge grinding to
accommodate the new asphalt layer that was placed, This resulted is a slight crown
(high point) in the roadway which did not previously exist. As a result, stormwater
runoff now collects at the low point of the street in the vicinity of 12 South ridge East.
To remedy this condition, the portion of the street fronting 10, 12 & 14 South ridge
East needs to be removed and new asphalt placed such that finished surface slopes
toward the uphill side of the street and allows proper drainage, The Town received
three contractor bids based on plans prepared by Harris & Associates, The lowest
bid was from Maggiora & Ghilotli, Inc, in the amount of $13,888,
The work will be funded from the contingency repairs component FY2002-03 Capital
Improvement Projects budget. The grinding and overlay is expected to be completed
with several day and the work will be completed by the end of December.
RECOMMENDATION
It is recommended that the Town Council authorize the Town Manager to execute a
contract with Maggiora & Ghilotli, Inc, in the amount of $13,888 to perform the
remedial paving work,
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11/25/2002
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Town of Tiburon
STAFF REPORT
AGENDA ITEM 3
. . ... ... >. . . . . . . ..... . . .. .. . . . . . . . . . ... .. . .,. .
TO:
Mayor and Members of the Town Council
Pat Echols, Director of Public Worksl Town Engineer
Authorize Town Manager to Approve Task Order for
Engineering Design Services 2002-03 Drainage Improvements
Project
FROM:
SUBJECT:
MEETING DATE: December 4, 2002
REVIEWED BY:
. .... . . . . . . . . . . . .... .. ... .. . . . . . . . . .. .. ... .. . .
BACKGROUND AND DISCUSSION
The Town entered into an agreement with Harris & Associates on May 14,
2002 to provide engineering support and design services. In accordance with
terms of the agreement, the Town Council must approve any tasks which
exceed $10,000, The Town's adopted 2002-03 Capital Improvement Program
(CIP) Plan includes $145,000 in drainage improvements, including Old
Landing Road, Taylor Road near Paradise Dr. and Juno Road curb & gutter.
Harris & Associates has estimated that the design services for this project will
cost $22,120 (see attached cost estimate). These services will be funded
from the authorized $25,000 drainage contingency line item built into the
drainage improvement projects component of the CIP plan,
RECOMMENDATION
It is recommended that the Town Council authorize the Town Manager to
issue a task order to Harris & Associates in the amount of $22,120 for the
subject project.
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11/27/2002
1 of 1
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November 20, 2002
Mr. Pat Echols
Public Works DirectorfTown Engineer
Town of Tiburon
1175 Tiburon Blvd,
Tiburon, CA 94920
RE: Capital Improvements Program Plan FY 2002-2003
Drainage improvements
Pat Echols,
Attached is our draft Work Plan and Fees Exhibit A for the 2002-2003 Drainage
Improvements, This exhibit identifies the level of effort that we believe is appropriate
and the estimated costs for each task and the sub-consultant fees, They are submitted
for your review,
If you find the scope and fee estimate acceptable, we are prepared to begin-work
immediately upon your authorization, If you have any questions, please feel free to call
me at Harris & Associates (925) 827-4900 ext, 156_
Sincerely,
HARRIS & ASSOCIATES
~~~~
.--/ Joel Camacho, P,E,
Project Manager
Enclosures: Exhibit A - Work Plan and Fees
Cc Garry Lee, P,E,
Project Director
!D) ~~~~,~ ~
\!1l NOV 2 '1 2002
1:IPROJECTSITiburon\2002-03 Traffic SafetylProposallCover Letter Prop(Rev1),doc
DIRECTOR OF PU6UC WORKS
TOWN OFTI6URON
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Town of Tiburon
STAFF REPORT
AGENDA ITEM ~
TO:
Mayor and Members of the Town Council
FROM:
Heidi McVeigh, Director of Administrative Services
SUBJECT:
Accept Annual Audit Report for Fiscal Year 2001-02
MEETING DATE: December 4, 2002
Reviewed by:
The firm Odenberg Ullakko Muranishi, of San Francisco has conducted and completed the
annual audit of the Town's General Purpose Financial Statements for Fiscal Year 2001-02, The
audit commenced in late August 2002, was substantially completed by mid-October, and
finalized in November for acceptance at this meeting,
The audited financial statements are consistent with generally accepted accounting and financial
reporting standards, The financial reports include presentation of the assets, liabilities and fund
equity positions of all funds, revenues and expenditures of all governmental fund types,
supplemental data concerning assessed valuation, fund balance history, and general fund
revenues and expenditures_
The notes to the financial statements contain information concerning Town participation in the
State Public Employees' Retirement System (PERS), the ABAG PLAN liability insurance pool,
the Marin County Risk Management Association workers' compensation insurance pool, the joint
powers agreement for recreation services (BT JRC), as well as information pertaining to long-
term obligations including special assessment debt, bonds payable, and compensated leave
payable,
Auditor's Management Report
The auditors have issued a report that includes required communications concerning their
responsibility under generally accepted accounting standards, significant changes in accounting
policies and unusual transactions, management judgments and accounting estimates, significant
audit adjustments, and other issues related to performance of the audit.
The auditors have provided recommendations regarding operational policies and procedures,
Staff has discussed the representations with the auditor and is currently implementing
procedural changes, where possible, at this time,
Recommendation
It is recommended that the Town Council accept the Report and audited Financial Statements of
the Town of Tiburon for the Fiscal Year ended June 30, 2002,
Town of Tiburon
STAFF REPORT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Attachments
1, Report and General Purpose Financial Statements of the Town of Tiburon for Fiscal Year
ended June 20, 2002
2, Auditor's Report to the Town Council
November 26, 2(
page 2 of 2
Town of Tiburon
STAFF REPORT
AGENDA ITEM 5, CL .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
Mayor and Members of the Town Council
FROM:
Heidi McVeigh, Director of Administrative Services
SUBJECT:
Budget Amendment - MERA Antenna Site
MEETING DATE: December 4, 2002
REVIEWED BY:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Municipal Budget Plan for Fiscal Year 2002-03 was adopted by the Town Council on June
19,2002, The approved Legal Services budget totals $151,702, including the Town Attorney's
salary, wages and benefits, Included within the Legal Services budget is $5,000 for outside legal
services that are not associated with the Town's liability insurance coverage_
In late September-early October 2002 the Town was named in four separate legal actions
associated with the Marin Emergency Radio Authority's (MERA) attempt to place facilities on Mt.
Tiburon_ In connection with these law suits, the Town Council authorized retention of outside
legal counsel to assist the Town in its defense, To date the Town has expended $125,000 in
outside legal services and professional consultants. Staff estimates an additional $15,000 will
be expended in professional consultants to assist the Town Attorney in her defense of this
litigation, for a total of $140,000, These costs alone represent 93% of the total Legal Services
budget.
It is the Town's policy that expenditures for goods, services, equipment, or improvements not
included nor speCified in the adopted budget plan shall require Town Council approval and
amendment of the budget.
Recommendation
Its is recommended that the Town Council approve a budget amendment, and that a separate
budgetary line item entitled "MERA Antenna Site" be established in the amount of $140,000,
This budget amendment will reduce the FY 2002-03 estimated General Fund operating surplus
of $428,000 to $288,000,
Town of Tiburon
STAFF REPORT
AGENDA ITEM
5,b.
. . . . . .... . . . .. . . . . . . . . . . .. . .. . .. ..
TO:
Mayor and Members of the Town Council
Pat Echols, Director of Public Works/ Town Engineer
Approve Purchase of Public Works Equipment Trailer
FROM:
SUBJECT:
MEETING DATE: December 4,2002
REVIEWED BY:
. . . . . . .. ... . .. . . . . . .. ........................
BACKGROUND & DISCUSSION
The newly acquired Tennant scrubber has very low ground clearance due to the
squeegee skirts along the bottom of the frame, It was anticipated that the existing
Public Works equipment trailer would accommodate loading/unloading of the
scrubber, According to the Superintendent of Public Works, the ramp slope of the
existing trailer cannot accommodate the scrubber without removal of the skirts each
time it is loaded/unloaded, Accordingly, a suitable lower profile tilt deck trailer has
been located in the Stockton area, The trailer cost is $5,571,35 per the attached
quotation, The existing trailer will be sold as surplus_ Staff expects to recoup at least
$1,000 for the existing trailer and these funds would be used to offset the new
purchase
RECOMMENDATION
It is recommended that the Town Council authorize the trailer purchase and approve
a budget amendment of $5,571,35 from Capital Equipment Replacement Reserve,
Proceeds from sale of the existing trailer will be transferred to the Reserve fund,
Attachment
g"-'.
' '
..
. -
11/26/2002
FROM: THE TRAILER SPECIALIST
FAX NO, : .!Id:lr,,(::>4-'b
NOV. 1::1::> ,a::;ll::;J~ tJ~. =>=>rn r.l.
The Trailer Specialist, Inc.
19226 N. Hwy 88 Office/Mailing
12759 Brandt Rd. Service/Parts
Lockeford, CA 95237
209-727,5400 Fax
Bill To:
Tiburo~ City Public Works
1605 TilDuron Blvd
Tiburo~. CA 94920
a:ft (11
'10 Vl)
Order
Invoice #:00017573 '
Ship To:
Tiburon City Public Works
---_.- --
vehicle Qr trailer IDIi PROMISED DATE TERMS DATE PG.
C,Q.D, 11/5/02 1
--- .. '--'
SALESPERSON P.O,I#,
Carol Gibbs
OTY.
ITEM NO.
DF,SCRlPTlON
PRICE (!NIT DISC EXTENDED TX,
I T L385D
Logan'1416SSTL 14K Skid Steer Till Oe<:k
Vin#1)i(UAV21232A023850
Documentation Fees
Slate lire recycling fee
$5,146,00
$45,00
$I-DO
$5,146.00 X
$45,0() X
$4,00
I
4
.______~_.....' ..__.,.______.,w
--Cliyto iWidlc If~;ing.--.-H
SALE
FREIGHT
SALES TAX
TOTAL
PAlD
..J BALANCE
55.195,00
$0,00
$376.35
55.571.35
$0,00
E-- ...___n_'n_"__________________
ClLf/()IJJIfT SillnOff~'" .
.." ._---_.,~,,",.,. -'-" ,.-
$5,57l.35
Town of Tiburon
STAFF REPORT
AGENDA ITEM 5, c .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . . . .
TO:
Mayor and Members of the Town Council
FROM:
Brian Stott, Adminstrative/Financial Analyst
SUBJECT:
Budget Amendment - Salary Adjustments
MEETING DATE: December 4,2002
REVIEWED BY:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
When the Town Council adopted the Fiscal Year 2002/2003 Town Budget, salary adjustments
for Management, Mid-Management and certain Marin Association of Public Employees (MAPE)
represented employees had not yet been determined, It is important to note that the Operating
Surplus in this year's budget totals approximately $421,000,
Pursuant to their MOU, all MAPE-represented employees received a 3% across-the-board salary
increase on July 1, 2002 that has been reflected in the budget. Because the State has not yet
determined any type of "take away" of Town revenues, the MAPE MOU triggers a September
salary survey for salary adjustments to be effective January 1, 2003,
In July 2002, the Town Council adopted the Management and Mid-Management resolutions that
increased the top of all salary ranges by 3% but did not grant actual salary adjustments_ When
the Town Council approved the Town budget, pay increases were temporarily held in abeyance
until January 2003 in anticipation of any type of State take away that was threatened, While
there remains the threat of a State take away of funds, the Town Council agreed to grant pay
increases if, by December 2002, the State take away was less than the Operating Surplus
($421,000) or not in place at all, Since as of the writing of this report, there are no known State
take aways, pay adjustments will be retroactive to July 1, 2002. In order to affect these
increases, the Town Council needs to amend its budget.
As a result of the Town's compensation policy, pay adjustments for Management and Mid-
management range from 0% to 6%, based upon performance,
Fiscal Impact
The Town consciously did not budget for salary adjustments in the Management, Mid-
Management and MAPE-represented groups when adopting the Fiscal Year 2002/2003 Budget
because of the uncertainty surrounding the possible take away of local funding sources by the
State,
Since the salary survey was triggered pursuant to the MOU, salary adjustments for MAPE
represented employees will become effective January 1, 2003, The MAPE salary adjustments,
represent a $14,460 increase in annual compensation for the nine MAPE-represented
employees, The increase in compensation includes salary, CalPERS and FICA, The total salary
adjustment for the MAPE represented employees for the remainder of the 2002/2003 Fiscal Year
(January 1, 2003 through June 30, 2003) will be $7,230,
Town of Tiburon
STAFF REPORT
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Similarly, a $22,668 budget amendment for the five Management employees and an $18,240
budget amendment for the 12 mid-management employees are necessary, However, the Town
Manager's compensation adjustment is not being included in this analysis because his salary
adjustment has not been determined at the time of this report,
The total budget amendment to cover Management, Mid-Management and MAPE employee
salary adjustments will be $48,138 plus any merit increase for the Town Manager,
Recommendation
It is recommended that the Town Council approve a $48,138 budget amendment to cover the
cost of the salary adjustments for Management, Mid-Management and MAPE represented
employees, comprised of $7,230 for the MAPE represented employees and $40,908 for the
Management and Mid-Management non-represented employees, This budget amendment will
be funded by the Fiscal Year 2002-03 General Fund Operating Surplus,
Town of Tiburon
STAFF REPORT
AGENDA ITEM
(0
. . . . . . . . . . ~ .. . .. . . . . . . . . . . . . .. .. . .. . . .
TO:
Mayors and Members of the Town Council
FROM:
Alex D, Mcintyre, Town Manager
SUBJECT:
Request by Reed Union School District to Support a Community, Joint.
Use Facility on the Tiburon Peninsula
MEETING DATE: December 4, 2002
REVIEWED BY:
.. . . . . . . . . . . . . . .. .. .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .
The Reed Union School District (RUSD) is proposing to replace its existing and undersized
gymnasium at Del Mar Middle School with a new 20,000 square foot facility that will serve as a
gym and community center that will benefit the students and residents of the Tiburon Peninsula,
The RUSD contemplates the new facility would contain a standard-sized gym, stage, classroom
space, and office space for use by the BelvederefTiburon Recreation Department (BT JRC),
RUSD anticipates that the BT JRC would be responsible for managing and scheduling the use of
the space after hours and on weekends,
RUSD estimates the cost of the new facility at $7 million and is planning on a fund-raising
program to raise approximately half of the funds needed, The district has identified funding
sources for the other half which includes district capital improvement funds and a major
contribution from the Marin Community Foundation, The district has also indicated a desire to
have both the Town of Tiburon and City of Belvedere contribute approximately 10% of the
project costs ($750,000) to help close the funding gap, Both of the communities have told the
district that in these uncertain economic times for local governments that it would be unrealistic
to count on any financial support,
The district is asking the Town of Tiburon and the City of Belvedere to endorse the proposed
project conceptually to demonstrate widespread support for the_ proposed project and to indicate
to the Marin Community Foundation that both communities are part of that support group, The
attached Resolution indicates the Town's conceptual support of the project without,committing
any financial obligations on its behalf,
Attachment
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ENDORSING IN CONCEPT THE NEW GYMNASIUM/COMMUNITY
CENTER PROPOSED BY THE REED UNION SCHOOL DISTRICT
AT DEL MAR SCHOOL
WHEREAS, the trustees of the Reed Union School District proposes to construct a new
multi-purpose facility at Del Mar school that will serve as a gymnasium and community center
for the residents of the Tiburon Peninsula; and
WHEREAS, it is expected that if constructed, the proposed gymnasium/community ,
center will benefit the residents and the children of the Town of Tiburon by providing a facility
that will be available for recreational and leisure activity programming by the Belvedererriburon
Joint Recreation Department.
NOW, THEREFORE, BE IT-RESOLVED that the Town Council ofthe Town of
Tiburon endorses the concept of a multipurpose facility to be constructed at the Del Mar School
of the Reed Union School District providing sufficient funds can be raised to defray the costs of
the project; and
BE IT FURTHER RESOLVED, that in light ofthe uncertain economic state facing local
government, any such fund raising effort should not anticipate any financial participation by the
Town of Tiburon because of its conceptual support for the project; and
BE IT FURTHER RESOLVED that because of the uncertain state of the economy that
faces local government, the Town of Tiburon shall not be considered to be under any obligation
to help fund the project by virtue of its expression of its conceptual support for the multi-purpose
facility,
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on December 4, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNICLMEMBERS:
MAYOR, TOWN OF TIBURON
A TrEST:
DIANE CRANE-IACOPI
Town Clerk
r,.
Town of Tiburon
STAFF REPORT
AGENDA ITEM I
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TO:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
FROM:
SENIOR PLANNER WATROUS
ADOPTION OF RESOLUTIONS REGARDING lWO APPEALS OF
DESIGN REVIEW BOARD DECISION TO APPROVE SITE PLAN AND
ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF
DETACHED lWO-FAMILY DWELLING, WITH A VARIANC
REDUCED SIDE YARD SETBACK (2355 PARADISE DRIV
SUBJECT:
MEETING DATE: DECEMBER 4,2002
REVIEWED BY:
SUMMARY
On November 20,2002, the Town Council held a public hearing on two separate appeals of the
Design Review Board's decision to approve a Site Plan and Architectural Review application for
the construction of a new detached two-family dwelling, with a variance for reduced side yard
setback, on property located at 2355 Paradise Drive, At that meeting, the Town Council voted
(3-2) to deny the appeal of Wallace and Susan Quinn, owners of the nearby property at 2343
Paradise Drive, and voted (5-0) to partially grant the appeal of Robin Moore, owner of the
adjacent property at 2360 Vista Del Mar Lane, Resolutions have been prepared memorializing
these decisions, and are attached,
RECOMMENDATION
1, Adopt the attached resolution denying the appeal of Wallace and Susan Quinn; and
2_ Adopt the attached resolution partially approving the appeal of Robin Moore,
EXHIBITS
1_ Draft resolution denying the appeal of Wallace and Susan Quinn
2. Draft resolution partially approving the appeal of Robin Moore
H: dwatrous/reportsfTC20227_ appeal2_ doc
.
,
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DENYING AN APPEAL BY WALLACE AND SUSAN QUINN OF THE APPROVAL OF SITE PLAN
AND ARCHITECTURAL REVIEW AND A VARIANCE
FOR PROPERTY LOCATED AT 2355 PARADISE DRIVE
WHEREAS, on September 19, 2002, the Design Review Board held a public hearing to
consider the approval of a Site Plan and Architectural Review application for the construction of a
detached two-family dwelling, with a Variance for reduced side yard setback, on property located
at 2355 Paradise Drive, proposed by Eugene Aureguy ("Applicant"); and;
WHEREAS, after receiving public testimony, the Design Review Board determined that
that there was a need to revisit neighboring properties to more thoroughly evaluate the proposed
project, and requested the applicant to provide a more detailed landscaping plan, trim trees on
the site to allow better views of the story poles, and to submit revised plans to match changes
that were verbally presented by the architect at the meeting, and the request was continued to
the October 17, 2002 meeting; and
WHEREAS, on October 17, 2002, the Design Review Board held the continued public
hearing, reviewed revised plans for the project, and heard additional public testimony regarding
the subject application; and
WHEREAS, after receiving public testimony, the Design Review Board determined that
the two-structure design of the detached two-family dwelling was appropriate, due to physical
factors of the subject property, including the sloping site terrain, the narrowness of the lot, and
the access available from two different streets; and
WHEREAS, on October 17, 2002, the Design Review Board voted (3-1-1) to conditionally
approve this application; and
WHEREAS, on October 28, 2002, the owners of the property at 2343 Paradise Drive,
Wallace and Susan Quinn ("Appellants"), filed an appeal of the Board's decision to approve the
application for Site Plan and Architectural Review and a Variance for 2355 Paradise Drive; and
WHEREAS, on November 20,2002, the Town Council of the Town of Tiburon held a
duly-noticed public hearing on the appeal; during which public testimony was heard regarding the
subject construction and the Design Review Board's review of the application; and
WHEREAS, after hearing all testimony and reviewing all documents in the record, the
Town Council determined that the Design Review Board appropriately interpreted Section
2,05,01 of the Tiburon Zoning Ordinance in the review of this application, as the sloping site
terrain, the narrowness of the lot, and the access available from two different streets are physical
considerations that justify the construction of a detached two-family dwelling, as such a design
would result in reduced mass and bulk and visual impacts on neighboring residences,
TIBURON TOWN COUNCIL
RESOLUTION NO,
12/4102
1
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'I
WHEREAS, based on the above findings, the Council voted 3-2 (Councilmembers
Fredericks and Slavitz opposed) to deny the appeal by the Appellants and uphold the Design
Review Board's approval of the project.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
memorializes that the appeal of Wallace and Susan Quinn was denied on November 20, 2002,
as set forth in this resolution_
PASSED AND ADOPTED at a regular meeting of the Town Council on December 4,
2002, by the following vote:
NOES:
COUNCILMEMBERS:
COUNCILMEMBERS:
AYES:
ABSENT:
COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
TIBURON TOWN COUNCIL
RESOLUTION NO,
12/4/02
2
"
RESOLUTION NO,
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PARTIALLY GRANTING AN APPEAL BY ROBIN MOORE OF THE APPROVAL OF
SITE PLAN AND ARCHITECTURAL REVIEW AND A VARIANCE
FOR PROPERTY LOCATED AT 2355 PARADISE DRIVE
WHEREAS, on September 19, 2002, the Design Review Board held a public hearing to
consider the approval of a Site Plan and Architectural Review application for the construction of a
detached two-family dwelling, with a Variance for reduced side yard setback, on property located
at 2355 Paradise Drive, proposed by Eugene Aureguy ("Applicant"); and;
WHEREAS, at that hearing, concems were raised by nearby property owners, including
issues of privacy for nearby homes; adequacy of screening landscaping; potential view impacts;
the mass and bulk of the proposed buildings; use of Vista Del Mar Lane for vehicular access; the
proposal to construct two detached dwellings on the site instead of one structure; and a property
line dispute with a neighboring property owner; and
WHEREAS, after receiving public testimony, the Design Review Board determined that
that there was a need to revisit neighboring properties to more thoroughly evaluate the proposed
project, and requested the applicant to provide a more detailed landscaping plan, trim trees on
the site to allow better views of the story poles, and to submit revised plans to match changes
that were verbally presented by the architect at the meeting, and the request was continued to
the October 17, 2002 meeting; and
WHEREAS, on October 17, 2002, the Design Review Board held the continued public
hearing, reviewed revised plans for the project, and heard additional public testimony regarding
the subject application, including issues of privacy, potential view impacts, inappropriate mass
and bulk, and the use of Vista Del Mar Lane for vehicular access; and
WHEREAS, after receiving public testimony, the Design Review Board determined that
the proposed design did not result in significant view or privacy impacts on neighboring homes,
that the mass and bulk of the proposed structures were acceptable, and that the access for the
upper Unit B from Vista Del Mar Lane was appropriate; and
WHEREAS, on October 17, 2002, the Design Review Board voted (3-1-1) to conditionally
approve this application; and
WHEREAS, on October 25, 2002, the owner of the adjacent property at 2360 Vista Del
Mar Lane, Robin Moore ("Appellant"), filed an appeal of the Board's decision to approve the
application for Site Plan and Architectural Review and a Variance for 2355 Paradise Drive; and
WHEREAS, on November 20, 2002, the Town Council of the Town of Tiburon held a
duly-noticed public hearing on the appeal; during which public testimony was heard regarding the
subject construction and the Design Review Board's review of the application; and
TIBURON TOWN COUNCIL
RESOLUTION NO,
12/4102
1
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BEST BEST & KRIEGER LLP
A CALIF'ORNIA LIMITl!D LIABILITY PARTNERSHIP INCLU01NO PROFESSIONAL CORPORATIONS
RIVERSIDE
(9091 666.1450
LAWYERS
402 WEST BROADWAY, t 3TH FLOOR
SAN DIEGO, CALIFORNIA 92 101-3542
(6 t Ql 525-1300
(6 I Q) 233-6 I I e FAX
BBKLAW.COM
ONTARIO
(909) 989"8584
INDIAN WELLS
(760) 56e-26 I I
ORANGE COUNTY
(949) 263-2600
Alison D, Alpert
(619) 525-1304
adalpert@bbklaw,com
~w -
SACRAMENTO
n (9 I 6) 325-4000
U Arlene Prater
(619) 525-1334
TOWN ArrORNEY'S "."';C" aprater@bbklaw,com
fOWN QFTIBl.lh.,;
November 22, 2002
(D)~@~nu
U1J NOV 25 2002
Re;
Schifal/do v. Ciiv oiLos AOl!eles
California Supreme Court Case No. S106660
To Whom It May Concern:
The Legal Advocacy Committee of the League of California Cities is urging cities to join as
amici curiae in a brief to be filed with the California Supreme Court in the above-entitled matter, The
entire Board of Directors approved that recommendation and preparation of an Amicus Brief, Best
Best & Krieger was asked to prepare that brief and we are now requesting your authorization to join
the brief, Attached is an authorization form. If you approve, please forward it as soon as possible
in the enclosed envelope, but no later than December 12. 2002, or if you prefer, simply fax or e-mail
us by that date, Thank you for your cooperation, The following is a summary ofthe case and major
issues of significance,
Case Summary
On March 29,2002, the California Court of Appeal decided Schifando v. Citv of Los Angeles
(2002) 97 Cal.App.4th 312, ruling that an employee filing a lawsuit based on the Fair Employment
and Housing Act ("FEHA") must exhaust the employer's internal grievance procedures before filing
a lawsuit. The plaintiff in Schifando had filed a DFEHcomplaint, but had not challenged his
constructive termination through the City's internai procedures, Therefore, the Court held the
plaintiff was barred from bringing a claim against the City because the failure to exhaust his City
administrative remedies was an absolute bar to maintaining an action in court,
Schifando sued the City alleging employment discrimination under FEHA based on physical
disability, arising from his alleged forced resignation, While Schifando did file a complaint with the
DFEH and received a right to sue letter, he did not file a demand with the Los Angeles Civil Service
Commission for his reinstatement. The City charter provided that any person who claims that he was
unlawfully suspended, laid off, or discharged must file a demand for reinstatement with the Civil
Service Commission and a claim for compensation with the City Clerk within 90 days after the
adverse employment action,
The Court explained that a claimant must exhaust administrative remedies, both statutory
administrative remedies (filing a claim with the DFEH) and the internal grievance procedures of public
SDLl1\ADA\27IR52
LAW OFFICES OF"
BEST BEST is. KRIEGER LLP
November 22, 2002
Page Two
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o
agencies, The Court reasoned that allowing an agency the opportunity to redress the issue relieves
the Courts of unnecessary burdens, is more economical, promotes a more complete factual record
should litigation later be necessary and allows an agency the opportunity to use its expertise, The
Court explained that, "- , ,requiring an employee to exhaust the administrative remedies available
under both FEHA and the city charter ensures that the employee and the courts will reap the benefits
of both of the administrative agencies' efforts, accords due respect to both agencies, and increases
the likelihood that the matter will be resolved in whole or in part without court intervention,"
Schifando appealed the ruling ofthe Court of Appeal affirming the trial court's dismissal of his action
and the Supreme Court granted review,
issues of Major Significance lO
California Municipalities Statewide
The issues raised in this case are important to all California municipalities, Cities have an
interest in resolving employee grievances through their own internal procedures before having to be
subjected to costly and burdensome litigation, As the Court of Appeal recognized, courts benefit
from the administrative procedures of both the DFEH and internal employer procedures which may
result in the more efficient resolution of these matters, Cities set up these internal procedures, as the
City of Los Angeles did, for that purpose and disregarding these procedures ignores cities; legitimate
interest in resolving their own employment disputes,
The Amicus Brief
The primary purpose of the Amicus Briefwill beto explain to the Supreme Court tne potential
impact its decision will have on the actions of municipalities throughout California, Many cities have
instituted procedures to handle these types of situations, and the impact for them will be that
employees will resort directly to Court without first trying to resolve the matter within the city.
Schifando'sJ Appellant's Opening Brief was filed on September 9. The City of Los Angeles'/
Respondent's Briefwas filed on November 8. Appellant's Reply Briefwas filed November 18, We
, .
are planning to file the Amicus Brief in mid-December.
If you have any questions concerning the case or the position to be taken in the Amicus Brief,
please contact Alison Alpert at (619) 525-1304 or E-Mail: adalpert@bbklaw_com,
Very truly yours,
~L-G-~
Arlene Prater
Alison D, Alpert
of BEST BEST & KRIEGER LLP
Attachment
SDlI1\ADA \27] gS2
~.
,:
AUTHORIZATION TO JOIN AMICUS BRIEF IN
SCHIFANDO V. CITY OF LOS ANGELES
CALIFORNIA SUPREME COURT CASE NO. S106660
I hereby authorize Arlene Prater and Alison 0, Alpert of Best Best & Krieger LLP
to add the City of
under my name as the city's attorney to the
friend-of-the-court brief you are preparing in the above matter. The City understands that you are
preparing this brief on a pro bono basis under the supervision and guidance of an attorney from
the League of California Cities' Legal Advocacy Committee, The City further understands that
there will be no cost to the City associated with joinder in this brief,
(Signature)
Name (Print or Type)
State Bar Number
Address
City/State/Zip
Phone
(Please check)
o Please mail me a copy of the Amicus brief when completed,
Please return this form in the enclosed envelope or via fax to;
(619) 233-6118
or respond via Internet E-mail to:"ADALPERT@BBKLAW.COM..
Town of Tiburon
STAFF REPORT
AGENDA ITEM
q
... .... . ... . . . . . . . .. .. .... .. ..
FROM:
Mayor and Members of the Town Council
Heidi McVeigh, Director of Administrative Services
Monthly Investment Summary - October 2002
TO:
SUBJECT:
MEETING DATE: December 4,2002
REVIEWED BY:
.. . .. . .... ..... . .. . . . . . .. .. .. ... . .... . . . . . . . ..
TOWN OF TIBURON
Institution/Agency
Investment
Amount
Interest Rate
Matu rity
State of California Local Agency $7,821,825,11 2.487% Liquid
Investment
Fund (LAIF)
Total Invested: $7,821,825,11
TIBURON REDEVELOPMENT AGENCY
Institution/Agency
Investment
Amount Interest Rate
Maturity
State of California Local Agency $755,197,76 2.487% Liquid
Investment
Fund (LAIF)
Bank of America Other $0
Total Invested: $755,197,76
Notes to Table Information:
State of California Local Agency Investment Fund (LAIF); The interest rate
represents the effective yield for the month referenced above, The State of California
generally distributes investment data reports in the third week following the month
ended.
Acknowledgment: This summary report accurately reflects all pooled investments of
the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity
with State laws and the Investment Policy adopted by the Town Council. The
investment program herein summarized provides sufficient cash flow liquidity to meet
next month's estimated expenditures_
Heidi McVeigh
ee: Town Treasurer
August 13, 2002
1 of 1
LAlF Performance Report
Phil Angelides, State Treasurer
Inside the State Treasurer's Office
Local Agency Investment Fund
LAIF Performance Report
11/20/02
11/20/02
2.42%
2.22%
2,56%
184
Reporting Date:
Effective Date:
Quarter Yield:
Daily:
Year:
Life:
Quarter Ending 09/30/02
Apportionment Rate: 2,63%
Earnings Ratio: ,00007199563637577
Fair Value Factor: 1,005020041
Monthly Average For October: 2.487%
Pooled Money Investment Account
Portfolio Composition
$48.3 Billion
10131il12
Loans
6,02%
. Treasuries
o Mortgages
. Agencies
. CD'sI13N's
o Time Depos~s
Agencies 1iI8ankers Acceptances
23.08% .Repo
. Commercial Paper
o Corporate Bonds
tri Loans
. Reverses
Commercial
Paper
23,93%
CO'sl13N's
17,15%
11'1 Arlnhp. PDF version of LAIF Performance,
",J U5"" J. VJ..
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BELVEDERE PLAYGROUND PROTECT
Belvedere playground, located within beautiful Community Park and used extensively by families
throughout the Tiburon Peninsula, must undergo a complete renovation, 'Ibis exciting project
represents a wonderful opportunity for the entire Peninsula community to support its children,
BACKGROUND
o Fall 2001:
(Fall 2001 to Fall 2002)
Professional assessment indicates current playground does not meet either
State of California safety standards or Americans with Disabilities Act
Local parents (Eburon and Belvedere) express interest in playground renovation
and volunteer their help to City of Belvedere
City of Belvedere's Parks and Open Space Committee detennines playground
should be completely renovated and creates Ad Hoc Committee (AHC)
consisting of five Peninsula residents to advise the City
Research! AHC develops playground objectives and equipment criteria,
interviews four equipment manufacturers and visits at least 50 playgrounds
in h'teater Bay A rea and beyond
ABC recommends, and City selects, Landscape Structures to provide equipment
AHC begins fund-raising campaign
o Fall 2001 :
o Jan, 2002:
o Spring/
Summer
2002:
o Sept, 2002:
o Oct, 2002:
PLAYGROUND RENOVATION
o Project being overseen by the City (contracts, playground design, fiscal responsibility, liability)
o AHC providing recommendations on design and equipment; raising needed funds
o New playground to feature: *Challenging school-age play structure* *Toddler play structure*,
*Climbers* *Large creative play vehicle* *Swinb'" for all ah"'s* *Sand play area*
* All new surfacing and fencing* *Expansion*
FINANCING
Expected cost ..............................................................................$250.001l::!:
Maior Donors
Belvedere Community Foundation ..._".._..,_,_.,..,......_____".......,....,..,..."..",.,$60,000
City of Belvedere Parks and Open Space,..........,......................,..,....,..........30,000
S tate Grants ___...,.,., ,., ,.,.,'....,..'... .____...., _. _._,....,..,._.., ,___'.... ___",.., ___"... ___...., ....... _ 60,000
Tiburon Peninsula Foundation....,..""..""...."..,........",.."""..""..,..,....,....,..,1 0,000
Larry Hadley to donate labor valued at ..........,..,......,....................,..............35,000
Subtotal October 1,2002 (start of campaign)............................$195,000
o Campaign targets all Tiburon Peninsula residents tbrough mailings to Belvedere residents, Reed
School families, local private and pre-school families and other Tiburon residents
o Major donors will receive special recognition; donors of $250 will receive personalized donor tile
TIMELINE (Fall 2002 to Swnmer 2003)
o Fall 2002: Complete fund raising and finalize playground design
o Spring 2003: Construction of new playground
o June 2003: New playground opens!
Town of Tiburon
STAFF REPORT AGENDA ITEM J::;..
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FROM:
SUBJECT:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, DIRECTOR OF COMMUNITY DEVELOPMENT ~
MODIFY CHAPTER 13 OF THE TlBURON MUNICIPAL CODE (BUILDING
REGULATIONS) TO ADOPT BY REFERENCE THE LATEST IFORM
CODES (ORDINANCE, SECOND READING AND ADOPTI
TO:
MEETING DATE: DECEMBER 4, 2002
REPORT DATE: NOVEMBER 22, 2002
REVIEWED BY:
BACKGROUND
At its meeting of November 20, 2002, the Council passed first reading of an ordinance updating
the Town's adopted uniform construction codes, including the Uniform Building Code, Uniform
Plumbing Code, National Electrical Code, and so forth, and making other minor modifications to
Chapter 13 of the Municipal Code,
The matter now comes to the Town Council for second reading and adoption,
RECOMMENDATION
Following a public hearing, the Town Council should:
1, Move to read by title only,
2, Hold a roll call vote and adopt the ordinance.
EXHIBITS
1,
Draft Ordinance.
Imunicodelchap13 2001 rev,rpt2,doc
;-
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF TIBURON AMENDING PROVISIONS OF CHAPTER 13
OF THE TIBURON MUNICIPAL CODE
(BUILDING REGULATIONS)
The Town Council of the Town of Tiburon does ordain as follows:
Section .L Findinas.
A, The Town Council has held public hearings on , 2002 and
, 2002, and has heard and considered any and all public
testimony on this matter.
B, The Town Council finds that all notices and procedures required by law
attendant to the adoption of this Ordinance have been followed,
C, The Town Council finds that the amendments made by this Ordinance are
necessary for the protection of the public health, safety, and welfare,
D_ The Town Council has found that the amendments made by this Ordinance
are consistent with the goals and policies of the Tiburon General Plan and
other adopted ordinances and regulations of the Town of Tiburon,
E_ The Town Council finds that this project is categorically exempt from the
requirements of the California Environmental Quality Act per Section 15308
of the CEQA Guidelines, '
Section 2. Amendment.
A. Section 13-4,1, first paragraph, of the Tiburon Municipal Code is amended
to read as follows:
The Building Code of the Town shall be the California Building Code,
2001 edition, Volume I and Volume II, the appendices thereof (except
as otherwise provided herein), and the California Building Code
Standards, 2001 edition, published by the International Conference of
Building Officials, on file in the office of the Town Clerk, which Codes
are hereby referred to, adopted and made a part hereof as if fully set
forth herein, subject, however, to the following exceptions:
E)[BTEIT Nol
Town of Tiburon
Ordinance No, N.S,
Effective _/_12003
Page 1
"
B_ Section 13-4,1, subsection (c), is amended to read as follows:
Section 107,5,2 is amended to read as follows:
Fines and penalties for work without a permit shall be those
adopted by Resolution of the Town Council (Schedule of
Fines),
C, Section 13-4,2 of the Tiburon Municipal Code is amended to read as follows:
The Plumbing Code of the Town shall be the California Plumbing
Code, 2001 edition, including appendices, as published by the
International Association of Plumbing and Mechanical Officials, on file
with the office of the Town Clerk, which Code is hereby referred to,
adopted, and made a part hereof as if fully set forth herein, subject,
however, to the following exceptions:
(a) Table 1-1 (Schedule of Fees) is deleted,
(b) Section 701,1,2 shall be amended to read as follows:
ABS and PVC DWV piping installations shall be limited
to residential construction not more than two stories in
height.
The Town's reasons for this amendment are that the California
Plumbing Code does not allow plastics in other uses, environmental
review on this topic has not been performed, and because of the
types and frequency of required fire assemblies in other types of
buildings, the use of plastics may be a fire hazard,
D, Section 13-4,3 of the Tiburon Municipal Code is amended to read as follows:
The Electrical Code of the Town shall be the California Electrical
Code, 2001 edition, as published by the National Fire Prevention
Association, on file with the office of the Town Clerk, which Code is
hereby referred to, adopted and made a part hereof as if fully set forth
herein_
E. Section 13-4.4 of the Tiburon Municipal Code is amended to read as follows:
The Fire Prevention Code of the Town shall be the California Fire
Code, 2001 edition, as published by the International Conference of
Town ofTiburon
Ordinance No.
N,S,
Effective ~ ~2003
Page 2
Building Officials and the Western Fire Chiefs Association, as
modified by the most recently adopted Tiburon Fire Protection District
and Southern Marin Fire Protection District ordinances, which Code
and ordinances are hereby referred to, adopted, and made a part
hereof as if fully set forth herein, Copies of said Code and ordinances
are on file with the office of the Town Clerk,
F, Section 13-4,5 of the Tiburon Municipal Code is amended to read as follows:
The Housing Code of the Town shall be the California Housing Code,
2001 edition, as published by the International Conference of Building
Officials, on file with the office of the Town Clerk, which Code is
hereby referred to, adopted and made a part hereof as if fully set forth
herein,
G, Section 13-4.6 of the Tiburon Municipal Code is amended to read as follows:
The Mechanical Code of the Town shall be the California Mechanical
Code, 2001 edition, as published by the International Conference of
Building Officials, on file with the office of the Town Clerk, which
Code is hereby referred to, adopted and made a part hereof as if fully
set forth herein, except that Table No. 1-1 (Mechanical Permit Fees)
is deleted,
H. Section 13-4,7 of the Tiburon Municipal Code is amended to read as follows:
The Dangerous Building Code of the Town shall be the California
Code for the Abatement of Dangerous Buildings, 2001 edition, as
published by the International Conference of Building Officials, on file
with the office of the Town Clerk, which Code is hereby referred to,
adopted and made a part hereof as if fully set forth herein,
L Section 13-4,8 of the Tiburon Municipal Code is amended to read as follows:
The Swimming Pool Code of the Town shall be the California
Swimming Pool, Spa, and Hot Tub Code, 2001 edition, as published
by the International Association of Plumbing and Mechanical Officials,
on file with the office of the Town Clerk, which Code is hereby
referred to, adopted and made a part hereof as if fully set forth herein,
except that:
(a) Section 1,11 is deleted,
(b) The first paragraph of Section 1,7 is deleted,
Town of Tiburon
Ordinance No. N.S,
Effective _/_/2003
Page 3
"
,
J, Section 13-4,9 of the Tiburon Municipal Code is amended to read as follows:
The Energy Code of the Town shall be the California Energy Code,
2001 edition, and the appendices thereof, as published by the
International Association of Plumbing and Mechanical Officials, on file
with the office of the Town Clerk, which Code and appendices are
hereby referred to, adopted and made a part hereof as if fully set forth
herein, except that the first paragraph of Section 20,3 is deleted,
K, Section 13-4,10 of the Tiburon Municipal Code is added to read as follows:
The Building Conservation Code of the Town shall be the California
Code for Building Conservation, 2001 edition, incorporating by
adoption the 1997 edition of the Uniform Code of Building
Conservation of the International Conference of Building Officials with
necessary California amendments, on file with the office of the Town
Clerk, which Code is hereby referred to, adopted and made a part
hereof as if fully set forth herein,
L. Section 13-4,11 of the Tiburon Municipal Code is added to read as follows:
The Building Standards Code of the Town shall be the California
Building Standards Code, California Code of Regulations, 2001
edition, Title 24, Parts 7 (Elevator Safety Code), 8 (Historical Building
Code), 10 (Building Conservation Code), and 12 (Referenced
Standards Code), as published by the International Conference of
Building Officials, on file with the office of the Town Clerk, which
Code is hereby referred to, adopted and made a part hereof as if fully
set forth herein,
M. Section 13-4,12 of the Tiburon Municipal Code is added to read as follows:
The Administrative Code of the Town shall be the California Building
Standards Administrative Code, California Code of Regulations, Title
24, Part 1, 2001 edition, as published by the International Conference
of Building Officials, on file with the office of the Town Clerk, which .
Code is hereby referred to, adopted and made a part hereof as if fully
set forth herein,
N, Section 13-5 of the Tiburon Municipal Code is amended to read as follows:
Refer to Chapter 13D of the Tiburon Town Code for regulations
concerning construction in flood hazard zones,
O. Section 13-6, subsection (c) (1) of the Tiburon Municipal Code is deleted,
Town of Tiburon
Ordinance No, N.s,
Effective -.! -.!2003
Page 4
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Section 3. Severabilitv.
If any section, subsection, clause, sentence, or phrase of this Ordinance is .
for any reason held to be invalid or unconstitutional by a decision of a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions of the Ordinance, The Town Council of the Town of Tiburon hereby
declares that it would have passed this Ordinance, any section, subsection,
sentence, clause or phrase thereof, irrespective of the fact that anyone or more
sections, subsections, sentences, clauses, or phrases may be declared invalid or
unconstitutional.
Section 4. Effective Date.
This Ordinance shall take effect and be in force. thirty days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town
Council, a copy of the ordinance shall be published with the names of the members
voting for and against it at least once in a newspaper of general circulation
published in the Town of Tiburon,
This ordinance was introduced at a regular meeting of the Town Council of
the Town of Tiburon on , 2002, and was adopted at a regular meeting
of the Town Council of the Town of Tiburon on , 2002, which was
noticed pursuant to Government Code Section 50022,3, by the follpwing vote:
AYES:
NOES:
ABSENT:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Imunicode/chap132002codesamend2,ord,doc
Town ofTiburon
Ordinance No, N,S,
Effective _1_12003
Page 5
Town of Tiburon
STAFF REPORT
13
AGENDA ITEM
MAYOR & MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, DIRECTOR OF COMMUNITY ~
DEVELOPMENT
SUBJECT: TIME EXTENSION FOR PRECISE DEVELOPOMENT PLAN
APPROVING ONE HOME ON 5 ACRES OF~D AT 375
TAYLOR ROAD
MEETING DATE: DECEMBER 4, 2002 REVIEWED BY: ~.
TO:
FROM:
REPORT DATE: NOVEMBER 13, 2002
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PROJECT DATA
Address:
375 Taylor Road (at the end of a gated private driveway leading from
the Taylor Road cul-de-sac)
38-182-42
39704-TE
L (Low density residential)
RPD (Residential Planned Development)
Approximately 5,0 acres
Ring Mountain Parcelization (RM19-29)
Vacant land
Miranda Leonard
John Walker, Walker & Moody Architects
11/1/02
AP No,:
File No,:
General Plan:
Zoning:
Property Size:
Subdivision:
Current Use:
Owner:
Applicant:
Date Complete:
BACKGROUND
The Town Council approved a Precise Development Plan for one single-family residence and
several ancillary buildings at 375 Taylor Road in 1992. The Town Council granted two-year
time extensions of the approval in 1995, 1997, 1999, and granted a one-year time extension
in 2001_ The Precise Development Plan is set to expire December 4, 2002, unless extended
again,
The Planning Commission reviewed this application at tits meeting of November 13, 2002
and adopted a resolution recommending that the Town Council grant a final six.month time
extension,
The Planning Commission staff report, minutes, and resolution are attached as Exhibits A,
B, & C. Please refer to the Planning Commission staff report for analysis of this application,
December 4, 2002
1012
Town of Tiburon
STAFF REPORT
ENVIRONMENTAL STATUS
The project is categorically exempt under section 15303 of the CEQA Guidelines.
RECOMMENDATION
Staff recommends that the Town Council adopts the Resolution (Exhibit D) granting a final 6-
month time extension,
EXHIBITS
A, Planning Commission Staff Report and attachments dated November 13, 2002,
B, Draft Planning Commission minutes of November 13, 2002.
C. Planning Commission Resolution No, 2002-14_
0, Draft Resolution approving a fifth time extension_
39704tc4.rpt.doc
December 4,2002
2 of 2
Town of Tiburon
STAFF REPORT
AGENDA ITEM
IJ
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TO:
. .... .. . '.. . . . . . . . .. ... .. .. . . .. . . . . .. ... . . ..
FROM:
SUBJECT:
PLANNING COMMISSION
SCOTT ANDERSON, DIRECTOR OF COMMUNITY ~
DEVELOPMENT
TIME EXTENSION FOR PRECISE DEVELOPOMENT PLAN
APPROVING ONE HOME ON 5 ACRES OF LAND AT 375
TAYLOR ROAD
MEETING DATE: NOVEMBER 13, 2002
REPORT DATE: NOVEMBER 1, 2002
PROJECT DATA
. . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Address:
AP No,:
File No,:
General Plan:
Zoning:
Property Size:
Subdivision:
Current Use:
Owner:
Applicant:
Date Complete:
BACKGROUND
375 Taylor Road (at the end of a gated private driveway leading from
the Taylor Road cul-de-sac)
38-182-42
39704- TE
L (Low density residential)
RPD (Residential Planned Deveiopment)
Approximately 5,0 acres
Ring Mountain Parcelization (RM19-29)
Vacant land
Miranda Leonard
John Walker, Walker & Moody Architects
11/1/02
The Town Council approved a Precise Development Plan for one single-family residence and
several ancillary buildings at 375 Taylor Road in 1992, The Town Council granted two.year
time extensions of the approvai in 1995, 1997, 1999, and granted a one-year time extension
in 2001, The Precise Development Plan is set to expire December 4, 2002, unless extended
again,
An application (Exhibit 1) has been filed in a timely manner for a fifth time extension, The
original project approval document (Town Council Resolution No, 2888) and the approved
drawings (1 sheet) are attached as Exhibits 2 and 3, The 2001 time extension Resoiution is
attached as Exhibit 4,
ANALYSIS
Time extensions for Precise Development Pians are regulated by Section 4,08,05 of the
Tiburon Zoning Ordinance, The ordinance requires that the ....,permit hoider shall submit
sufficient information to the Town to determine whether good cause for an extension exists,"
November 13, 2002
1013
Town of Tiburon
STAFF REPORT
AGENDA ITEM
. . . . . . . . . . . . ... ... . . .. . . . . . . . . . .... . ... .. ..
Generally, in the absence of obvious economic reasons (such as a recession), Town Staff
considers the following factors in assessing whether "good cause" exists:
1, Whether there is evidence of an intent to proceed with implementation of the
project (I.e" it has not been abandoned and progress is occurring),
2, Whether circumstances have changed that would no longer make the project
consistent with Town policies or regulations,
Staff is not aware of any change in circumstances, either for the property or its surroundings,
or in Town policies or regulations that would strongly argue against granting a time extension_
Nevertheless, this is the fifth time extension requested for this project; an unprecedented
number for a Precise Development Plan in the Town of Tiburon, However, this project is
somewhat unique in that it involves only a single family home for an individuai, and is not a
typical subdivision project.
At this time last year, the applicants had submitted a Site Plan & Architectural Review
- . application, which subsequent to the granling of the time extension, was found to be
"incomplete", The applicants recently responded to the Town's incompleteness letter with an
application that is very nearly "complete", The application been tentatively scheduled for the
December 6, 2002 Design Review Board meeting, Incremental progress on the design of
this unique home has occurred over the past year, albeit very slowly,
Staff believes that it is time for the Town to send a strong message that additional time
extensions (beyond this one) will not be forthcoming, Staff therefore recommends a time
extension of six (6) months, to June 4,2003, with a recommendation to the Town Council that
additional time extensions for the Precise Development Plan should not be approved,
Minutes of the October 2001 Planning Commission deliberations regarding the prior time
extension for this project are attached as Exhibit 5,
SUBSEQUENT APPROVALS REQUIRED
The Planning Commission's role on this time extension application is as a recommending
body to the Town Council, which is tentatively scheduled to hear the item on November 20,
2002,
The next permit required to implement the project would be a site plan and architectural
review (design review) permit. Building permits would follow any design approval. A design
review approval of the residence would extend the life of the Precise Development Plan
concurrent with the expiration of the design review approval, which would be valid for 36
months,
ENVIRONMENTAL STATUS
The project is categorically exempt under section 15303 of the CEQA Guidelines,
November 13, 2002
2 of 2
Town of Tiburon
STAFF REPORT
AGENDA ITEM
. . . ... . . .. .. .. . ... . . . . . . . . . .. . ... .. ... . . . . .
RECOMMENDATION
That the Planning Commission recommend to the Town Council granting of a six (6) month
time extension for the Precise Development Plan, to June 4, 2003, A draft resolution to that
effect is attached as Exhibit 6.
EXHIBITS
1, Application form and attached letter dated 10/31/2002 from Walker & Moody, AlA,
2, Town Council Resolution No, 2888,
3, Approved drawings (1 sheet) by Walker & Moody Architects,
4, Town Council Resolution No. 59-2001,
5, Minutes of Planning Commission meeting of 10/24/2001,
6, Draft Resolution recommending approval of time extension to Town Council.
November 13, 2002
2012
TYPE OF APeLlCA TION
0 Conditional Use Permit 0 Design Review (ORB) 0 Tentative Subdivision Map
<<> Precise Development Plan 0 Design Review (Staff level) 0 Final Subdivision Map
0 Conceptual Master Plan 0 Variance 0 Parcel Map
0 Rezoning/Prezoning 0 Sign Permit 0 Lot Line Adjustment
0 Zoning Text Amendment 0 Tree Permit 0 Certificate of Compliance
0 General Plan Amendment 0 Underground Waiver ' I) Other Time Extension
APPLICANT REQUIRED INFORMATION
SITE ADDRESS: 373 Taylor Road
PARCEL NtJlvlBER: 38-182-42
PROPERTY SIZE: 5 acres +/-
ZONLl\1G: RPD
OWNER OF PROPERTY:
MAILING ADDRESS:
CITY 1ST A TE/ZIP:
PHONE NUMBER: 41 5
Miranda Leonard
433 Town Center, Sui te 411
Corte Madera, CA. 94925
258-0240
FAX 415 258-0508
APPLICANT: (Other than Property Owner)
MAILiNG ADDRESS:
CITY 1ST A TE/ZIP:
PHONE NUMBER:
FAX
ARCHlTECTIDESIGNER/ENGINEER:
MAILING ADDRESS:
CITY 1ST A TE/ZIP:
PHONE NUMBER: 415 885-0800
John Wal ker, Walker & Moody, A.I.A.
2666 Hyde Street
San Francisco. CA. 94109
FAX 415 885-1009
Please indicate with an asterisk (*) persons to whom correspondence should be sent.
. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed):
One sinqle familv residence and ancillarv buildinqs are
proposed within buildinq envelopes established bv approved Precise
Development Plan on approx. 5 acre -site at 375 Taylor Rd. (Ring Mountain
I, the undersigned owner (or authorized agent) of the property herein described, hereby make ~ppHb1ti8d for
approval of the plans submitted and made a part of this application in accordance with the provisions of the Town
Ordinances, and I hereby certify that the information given is true and correct to the best of my knowledge and
belief. '
Date: 10 . -=?O. 02-
. .
DO NOT WRITE BELOW THIS LINE
-. -,
October 30, 2002
RECEIVED
Town of Tiburon
Planning Department
1505 Tiburon Boulevard
Tiburon, CA 94920
OCT 3 1 2002
PLANNING DIVISION
TOWN OF TIBURON
This is a request to consider the application for a time extension of a current precise
development plan for the property owned by Miranda Leonard at 375 Taylor Road in the Town of
Tiburon. The application is enclosed_
Work is ongoing by our firm to bring the development of this property as a single-family
residence to a design review in the very near future, The proposed design reduces the apparent
mass of the structure by aggregating varied and smaller volumes in order to be inconspicuous in
the surroundings, The owner, the architects, and various consultants in computer imaging and
fabrication have entered into an innovative process of design to ensure an appropriate resulting
design both for the owner's requirements and for the neighboring areas which will view the
residence, This process and the unique qualities of the structure have required a more extended
period for design consideration than is usual. However, it is the intention of all involved to have
the proposal reviewed by the Design Review committee at their meeting scheduled November 21,
2002_ In order to maintain the continuity of the current design effort we would like to ensure that
the present precise development plan will still be in place after its present date of expiration,
December 4, 2001, Therefore, we are submitting this request for a time extension of the Precise
Development Plan.
If any supplemental information is required to process or assess this application, please
contact Bryan Fleenor of our office at 415-351-4077, We have the drawings that supplemented
the approved Precise Development Plan, as well as a full record of the past actions taken by the
Planning Commission and the Town Council of the Town ofTiburon,
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RESOLUTION NO. 2888
A RESOLliTION OF THE TOWN COUNCIL OF TIlE
TOWN OF TIBURON APPROVING A PRECISE DEVELOPMENT
PLAN" FOR RING MOUNTAIN PARCEL "G" (PD#7)
A. P. NO. 38-182-42 (375 TAYLOR ROAm
SEcrION 1. FINDINGS.
A. The Town of Tiburon has reeeived an application for a Preeise Development Plan
for the development of 4.88 acres oC land at the end of Taylor Road extension.
B. The approved Preeise Development Plan materials consist of:
a. Written text entitled "Precise Development Plan Text, Ring Mountain
Parcel G", revised October 28, 1992 (2 sheets);
b. Site Plan/Building Envelope/Fencing Plan prepared by Walker & Moody
Architects, revised October 28, 1992 (1 sheet);
Additional application materials included for information purposes only include:
c.
Grading Plan prepared by Walker & Moody Architects dated 4/2/92 (1
sheet);
Site/Building Sections Plan prepared by Walker & Moody Architects dated
4/2/92 (1 sheet);
Topography Map (partial) dated December, 1991, prepared by Cramer-
Davis, Inc. (1 sheet);
Slope Map dated December, 1991, prepared by Cramer-Davis, Inc. (2
sheets).
d.
e.
f.
c.
The Planning Commission held duly noticed public hearings on May 27, June 10,
July 8, and August 12, 1992 for the purpose of reviewing the application and
reeeiving comments and recommendations from the public. The Town Council
has held a duly-noticed and advertised public hearing on Qctober 21, 1992, and
has considered the recommendation of the Planning Commission and all other
evidence and testimony in arriving at its decision.
D.
The Town Council finds that the project, as conditioned, is consistent with the
General Plan of the Town of Tiburon, is in conformance with the Tiburon Zoning
Ordinance, and is exempt from further review under CEQA.
1
EXHIBIT NO,~
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SECTION 2. APPROVAL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby approve the Ring Mountain Parcel "G" Precise Development Plan,
subject to the following conditions;
Land Use
1. The provisions of this Precise Development Plan are intended to supplement and
e:cpand general provisions of Section 2.07 of the TIburon Zoning Ordinance
(Residential Planned Development Zone), specifically for this property. Unless
otherwise established in this Precise Development Plan, all provisions. of the
Tiburon Zoning Ordinance shall apply to the property.
2. This Precise Developme~t Plan approves zoning for one single family dwelling
unit and accessory structures on 4.88 acres, as further described in the "Precise
Development Plan Text, Ring Mountain Parcel G", attached hereto as Exhibit A.
3.
This Precise Development Plan approves one primary and two secondary building
envelopes, as depicted on the Site Plan/Building Envelope/Fencing Plan revised
October 28, 1992, attached hereto as Exhibit B, except that construction of a
guest house in Secondary Envelope No.1 shall not be pennitted unless a
detennination is made by the Planning Commission that a more appropriate
location cannot be found within the primary building envelope. Construction of a
stable for the keeping of horses shall require a Conditional Use Permit pursuant
to Chapter 20 of the Tiburon Town Code. \Vith the exception of fencing as
described in Condition #5, and ancillary retaining walls acting to reduce the
height of the primary retaining wall 'for the tennis court, no structures shall be
permitted outside the approved building' envelopes.
4, The location and height of structures within the building envelopes shall be
subject to discretionary review through the Town's Site Plan & Architectural
Review process. However, the height of the primary structure (dwelling unit)
shall not exceed 25 feet above natural or finished grade, whichever is lower, while
the height of accessory structures shall not exceed 15 feet above natural or
finished grade, whichever is lower. The height of tennis court fencing shall not
.exceed 15 feet above the finished court surface.
~
5.
Fencing may be placed outside the building envelopes as shown on the Site
Plan/Building Envelope/Fencing Plan. All fencing shall receive Site Plan and
Architectural Review approval from the Town, even if such fencing is less than 3
1/2 feet in height. Fencing shall be "open" in appearance.
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6.
Prior to issuance of building permits for the project, owner shall record a deed
restriction prohibiting the placement of fencing or other artificial barriers to
wildlife or pedestrians over a portion of the site. Said portion is described as a
triangle with points at the northeast corner property line; a point on the property
line 80 feet south of the northeast corner point; and a point on the property line
30 feet west of the northeast corner point. The final wording of such deed
restriction shall be approved by the Town Attorney prior to recordation.
7. No future subdivision of the property shall be permitted. Owner shall record a
restriction to this effect. Such restriction shall be written to the satisfaction of
the Town Attorney and shall be recorded prior to issuance of building permits for
the project.
8, Prior to any grading or construction of any structures, Site Plan and
Architectural Review aPl?roval shall be secured from the Town. Materials and
colors of exterior building surfaces shall be in earth-tones and shall blend with
the natural environment. Plans submitted shall provide details (colors,-
materials, textures) of all proposed structures, including fences, retaining walls,
tennis court screening features, and drainage ditches.
Imorovement and Utilities
9.
10.
11.
u.
13.
14.
Hours of construction shall be as regulated by Chapter 13 of the Tiburon Town
. Code.
All construction on, and landscaping of, the property shall comply with provisions
of Tiburon Municipal Code Chapters 13E and 15A concerning water conservation
and trees. Compliance with these regulations shall be ensured during the Site
Plan and Architectural Review and Building Permit processes.
In implementing the Precise Plan approval, owner shall satisfy the requircments
of the Town Engineer, Tiburon Fire Protection District, and Marin Municipal
Water District.
Grading on the site shall be limited to the dry season from October to May,
unless specifically authorized by the Town Engineer after requiring appropriate
precautionary measures.
An erosion control plan-and dust control plan satisfactory to the Town Engineer
shall be required prior to grading or construction on the site.
Graded areas shall be re-vegetatcd as soon as possible following complction of
grading activity.
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IS. All contractors and subcontractors performing work at the site shall be required
by contract to halt all work within 30 yards of any archaeologic:llly significant
resource which may be uncovered during construction, until a qualified
archaeologist has investigated and made recommendations. Representatives of
the Native American community shall be contacted in the event of such a find.
16, All utilities reasonably related to the project shall be placed underground in
accordance with Town regulations,
Exuiration
17. This Precise Development Plan, approval shall be valid for 36 months following
its effective date, and shall e.'qlire unless subsequent zoning and/or building
permits have been issued pursuant to this approval. A time extension may be
granted if such request is filed prior to the expiration date.
, .
PASSED AJ."lD ADOPTED at a regular meeting of the Town Council held on
November 4. 1992, by the following vote:
AYES;
COUNCILMEMBERS;
NOES:
COUNCILMEMBERS:
ABSENT;
COUNCILMEMBERS:
ATfEST; .
~Yr(~~
THERESE M. HENNESSY, "fP'NN CLERK
Friedman, Kuhn, Nygren, Thayer
Thompson
None
None
oAI/L
ALVIN R. KUHN, l'olAYOR
Town of Tiburon '
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THIS IS A TRUE AND
~RTIFIED CO!:'F i
~~/}(~JLt~
OWN CLERK U
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Ex~~b;+ A
October 28, 1992
PRECISE DEVELOPMENT PLAN TEXT
RING MOUNTAIN PARCEL G
Genera I I n formaT i an and OaT ~
1. General DescripTion of The ProjecT & SiTe:
ProjecT consisTs of a single fami Iy residence, pool, hause, pool,
Tennis courT, and oTher elemenTS as shawn an the Site Plan/
,Bui Iding Envelope and Fencing plan daTed 10/28/92.
The property is zoned RPO and consisTs of approximaTely 5 acres.
The siTe is bordered on 3 sides by The "Ri ng MounTa i n Preserve" and
on the east side by open space and one residence.
2. Design Concept:
SeparaTe elemenTS of the residence are TO be locaTed at different
levels. sTair-sTepping up the slape from the enTrance al lowing
maximum views from each level. Tarraced gardens extend below each
level withpool and Tennis court below. Stepped 3'-4' high planting beds
will provide a graceful, lush transition beT."een each level.
3. TransporTation Analysis:
There are no changes proposed in the pedestrian, vehicle and emergency
access to the siTe. The private drive which serves the property from
the end of Taylor Road wi I I have a gate at Taylor Road operated by remoTe
conTro I .
A "Turn around" exiSTS aT The end of The drive and wi I I be maintained,
GuesT parking for 3 cars wil I be provided in addiTion TO The 2 car garage.
Tha projeCT wi I I have no significant impact on adjacenT streeTs.
4. Bui Iding Areas:
The residence bui Iding consists of approximaTely 6,000 sq. on The main
floor, 1200 sq. divided between 2nd floor and areas below the main floor.
The pool house is 800 sq. The garage 650 sq. The garage and the pool
house wi I I be below grade as shown.
5. Views:
Views from The lower porTion of the lot to the SOUTheast area obscured by a
row of mature Monterey Pines on the adjacent properTY and by the Tiburon
Penninsula. Views above the tree tops eXTend from Sausal ita to the San Rafael
Richmond Bridge. A view study map is included.
APPRO'.'[O BY
CITY CCUj\!CIL
D.'HE -.l.l -4-cq~
RESOLUTION J ~g ~
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6. Sui Iding Envelope & Fencing:
Sui Iding Envelope I imits are as shown on the Site Plan! Sui Iding
Envelope! Fencing Plan.
7. The maximum height shal I be 25 feet for the residence and 15
feet for al I other structures.
8. Slope:
A s lope map, is i nc I uded show i ng that a I I the structure on I and
slope less than 30%, with the tennis court and pool on the flatTer
portions of the lot.
9. Storm Drainage, Sewer and Publ ic Uti I ities:
The lot is served by the Corte Madera Sanitary District #2, MMWD,
P.G. & E. P.T. & T., & Cable TV. AI I services are underground.
10. Landscaping:
The terraces, stepped planters and the area immediately adjacent to
the house wi I I be landscaped. A grove of native trees wi I I be
situated between the driveway and the tennis court. The ,emainde,
'of the p,ope,ty wi I I remain in its natural state.
A complete landscape plan wi I I be submitted fo, review with the
design ,eview appl ication.
11.
Accoustical Analysis:
"
The only potential acoustical problem are the sounds created by
tennis players. However, the court is situated so as to mitigate
this potential problem. The nearest residence to the northeast is
more than 180' distant horizontally and at least 60' in elevation below
the court. The other residence to the southeast is 270' distant
horizontally and 62' in elevation below the court.
As sounds tend t9 be directed upward and disipate with distance no
negative impact ~s expected.
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RESOLUTION NO. 59-2001
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON
APPROVING A FOURTH EXTENSION OF TIME FOR IMPLEMENTATION OF
PLANNED DEVELOPMENT #7 AT 375 T AYLOR ROAD
(RING MOUNTAIN PARCEL G)
ASSESSORS PARCEL NO. 38-182-42
WHEREAS, the Town Council ofthe Town ofTiburon does resolve as follows:
Section 1. Findings
A. The Town has received and considered an application filed by John Walker, on behalf of
property owner Miranda Leonard, to extend the allowable time for implementation of the
approved Precise Development Plan for 375 Taylor Road, The application consists of the
following:
1. Application form received September 14, 2001.
2, Approved Precise Plan exhibits,
The official record for this project is hereby incorporated and made part of this resolution,
The record includes the Staff Reports, resolutions, minutes, application materials, and all
comments and materials received at public hearings,
B. The Planning Commission held a duly noticed public hearing on October 24,2001, and
heard and considered testimony from interested persons, The Planning Commission found
that the requested extension oftime was consistent with the goals, policies, and provisions
of the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town Council
Resolution No, 2888, The Planning Commission adopted Resolution No, 2001-14
recommending that the Town Council approve a one-year extension of the Precise
Development Plan approval.
C, The Town Council held a duly noticed public hearing on November 7, 2001, and heard and
considered testimony from interested persons, The Town Council finds that the requested
extension of time is consistent with the goals, policies, and provisions of the Tiburon
General Plan, the Tiburon Zoning Ordinance, and Tiburon Town Council Resolution No,
2888,
D_ The Town Council finds that the extension of time is exempt from the requirements of the
California Environmental Quality Act per Section No, 15303 of the CEQA Guidelines,
Tiburon Town Council
Resolution No, 59-2001
1117101
1
EK.BTBI'r t-;O_!::t
,
Section 2, Approval
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby approve an extension of time for implementation of the Precise Plan for 375 Taylor
Road (Ring Mountain Parcel G) as follows:
1, The expiration date for the Precise Development Plan approved by Resolution No, 2888 on
November 4, 1992, and extended by Resolution Nos, 3119, 3253, and 3378 shall be further
extended by one year. The new expiration date will be December 4, 2002, The Precise
Development Plan shall expire on that date unless subsequent zoning and/or building permits
have been issued pursuant to said approval.
PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of
Tiburon on November 7, 2001, by the following vote:
AYES:
COUNCILMEMBERS:
Bach, Matthews, Slavitz, Thompson
NOES:
COUNCILMEMBERS:
None
ABSENT:
COUNCILMEMBERS: Gram
~~
ANDREW THOMPSON, . OR
TOWN OF TffiURON
D
Tiburon Town Council
Resolution No, 59-2001
1117101
2
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MIS Smith/Frede,'icks (4-0) to adopt the attachcd resolution rccommclllling approval of a
fourth extension of time for implementation of planued developmeut #7 at 375 Taylor Road
(Ring Mountain Pa,'cel G), Assessor's Parcel No, 38-182-42.
UNFINISHED BUSINESS
"TIBURON COURT" RESIDENTIAL PRO.JECT PRECISE DEVELOPMENT
PLAN TO CREATE FOUR BUILDING SITES ON A 13,34 ACRE PARCEL AND
.EVIEW OF A FINAL MITIGATED NEGATIVE DECLARATION SOUTH SIDE
TRESTLE GLEN BOUL.EVARD, Ronud-Two Developmcut, LLC, Owucr; Don
He, crson and C,'aig Pilgrim, Applicants; Assessor's Parcel No. 58-061-80
Planning Dire or Anderson summarized the background history ot'the project. stating that this
project has been' eard previously three times by the Commission since October of last year. At
the July 25. 200 learing. the applicant was given specitic direction primarily focusing on
modification to Lot reducing visual impacts. enhancing the buffer edge of landscaping along
Trestle Glen Boulevar The Planning Commission also requested that new photo simulations be
provided and story poles located to reflect the current project The Commission's comments
focused on the follo\\ling 'sues I) preservation of the buffered edge along Trestle Glen
Boulevard and lowering the v "limass. particularly on Lot 4: 2) moving the I-esidentialuse area
and building tllnher back tron Trestle Glen Boulevard, whik maintilining the angle to the
Trestle Glen Boulevard: 3) reducl ,the size of the residence on Lot 4 by 300 square feet. and
shortening the length of the hous as seen ti'om Trestle Glen Boulevard, 4) moving or
redesigning the proposed sanitary sew easement on Lot 4 in order to minimize intrusion on the
landscape butTer along Trestle Glen Bou ard Upon review of the revised application materials
submitted.' Staff concludes that the project I ditications have signiticantly improved the project
and resulted in a superior development conSI ent with the General Pia n' s Goals and I)olicies,
and the principles of the Planned Residential '-trict, Noting that the key to success was to
ensure that the project actually built and la scaping installed resembles the approved
application materials. including tinal photo S Julations. l'vlr Anderson concluded by
recommending adoption of the resolution approving t modifIed project.
.
In response to Commissioner Fredericks, Planning Direc Anderson stated that based on the
definition of basement. it was not required that the entire b, ment be below grade. However,
although thel'e was limited possibility to get some light to cel 'n ponions of the basement. for
the most pal1 the basements were below grade and were not visl e ti-om the outside He also
stated that it would be ditlicult to provide separate access frolll the tside to the basement areas.
If an area was proposed to be regraded to provide exterior access it tiel no longer qualify as a
basement and would be considered as another story. thereby triggcrin" a Precise Development
Plan Amendment
The hearing was opened to public testimony
Scott Hochstrasser, Planning Consultant for the applicant, explained in detail the I ",.isions made
to the project in response to the Commission's direction, including: moving the hOL on Lot 4
further away f[,()1l1 Trestle Glen by 20 feet for a total of 110 feet ami reducing the siz down to
2.600 square feet and its length to 87 leet; moving the house on Lot I tllrther back by 0 leet:
TlmmON 1'1...\\\1:,\'(1 C()\I\II.'iSI<J_' .\11\\ 'Tj':s ."\(), ~~I ()L'T()JlI':I~ 2-1. ::!UI)]
RESOLUTION NO. 2002-DRAFT
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF A FIFTH EXTENSION OF TIME FOR
IMPLEMENTATION OF PLANNED DEVELOPMENT #7 AT 375 TAYLOR ROAD
(RING MOUNTAIN PARCEL G)
ASSESSORS PARCEL NO, 38-182-42
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as follows:
Section 1. Findings
A. The Planning Commission of the Town of Tiburon has received and considered an
application filed by Walker & Moody Architects to extend allowable time for
implementation of the approved Precise Development Plan for 375 Taylor Road, The
application consists of the following:
I, Application form for time extension received October 31, 2002, with supplemental
letter from John Walker, AlA dated October 30, 2002,
The official record for this project is hereby incorporated and made part of this resolution,
The record includes the Staff Reports, resolutions, minutes, application matcrials, and all
comments and materials received at public hearings,
B. The Planning Commission held a duly noticed public hearing on November 13, 2002, and
heard and considered testimony from interested persons_ The Planning Commission has
found that the requested extension oftime is consistent with the goals, policies, and
provisions of the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town
Council Resolution No, 2888.
C, The Planning Commission has found that the projcct is exempt from the requirements of
the California Environmental Quality Act per Section No, 15303 of the CEQA Guidelines,
Section 2, Approval
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission ofthe Town of
Tiburon does hereby recommend that the Tiburon Town Council approve an extension of time
for implementation of the Precise Plan for 375 Taylor Road (Ring Mountain Parcel G) as
follows:
I, The expiration date for the Precise Development Plan approved by Resolution No, 2888 on
November 4, 1992, and extended by Resolution Nos. 3119, 3253, 3378, and 59-2001 shall
be further extended by 6 months to June 4, 2003, The Planning Commission does not
recommend additional time extensions for the Precise Development Plan bcyond that date,
Tiburon Planning Commission
Resolution No, 2002-DRAFT
10/13/2002
EXHIBIT lVn ~
~- ~ '.., "____M"_
2, This time extension authorizes no other changes or amendments to the approved Precise
Development Plan,
PASSED AND ADOPTED at a regular meeting of the Planning Commission on
, 2002, by the following vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
PAUL SMITH, CHAIRMAN
Tiburon Planning Commission
ATTEST:
SCOTT ANDERSON, SECRETARY
39704PC4,RESDOC:
Tiburon Planning Commission
Resolution No, 2002-DRAFT
10/13/2002
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PUBLIC HEARINGS
TIME EXTENSION FOR PRECISE DEVELOPMENT PLAN APPROVING ONE
HOME ON FIVE ACRES OF LAND AT 375 TAYLOR ROAD; Miranda Leonard,
owner; John Walker, Walker & Moody Architects, applicant; Assessor's Parcel
Number 038-182-42
Director of Community Development Anderson reviewed the staff report, In response to
questions, he stated that Staff time is covered by the application fees_ He added he
received a voice mail message from a Dr. Miller who stated his opposition to the project,
although did not state a reason, Anderson noted that the design review application for the
home has been deemed "complete" and is scheduled for the Design Review Board
meeting of December 19, 2002_
Brian Taylor, Walker & Moody Architects, stated his company is working to submit a
very precise design and is in line for a Design Review Board meeting. In response to
questions, he agreed that Staffs recommendation regarding a 6-month extension is
entirely appropriate.
The public comment period was opened; no one wished to address this item and public
comment period was closed.
Commissioner Greenberg asked Staffs recommendation if the Design Review Board
returns the application for refinement and the six months elapses without any further
approvals. Anderson responded that if good progress were being made at that time, he
would probably recommend another time extension.
Commissioner Greenberg stated that the fact that the design review application was
"complete" and scheduled for a meeting was important, and that otherwise she would
have been prepared to recommend a denial of the time extension request, She stated that
ten years is simply too long; there are impacts on residents, While the Town's policies
may not havc changed, its practices have changed and the public should have a right to
provide input to ensure that items approved ten years ago are still acceptable today, Ifnot
completed in six months, she would not vote to approve another time extension, She
believed that on an approval this old, the public should provide input now, not at thc
Design Revicw Board meeting,
Commissioner Stein concurred and added, while he did not review the substance of items
that remain to be completed; standards have changed, He also would not vote to approve
another time extension.
Tiburon Planning Commission Minutes of November-13, 2002, No, 870
2
Commissioner Collins concurred, as did Commissioner Snow, who stated the additional
six months should be adequate for the project to be brought to closure,
M/S, Collins/Stein, passed 5-0, to approve the request for time extension and
recommend to the Town Council that this be the last extension,
ADEQUACY HEARING ON THE DRAFT EIR FOR THE TIBURON GLEN
PRECISE DEVELOPMENT PLAN TO CREATE EIGHT BUILDING SITES ON
A 26.03-ACRE PARCEL; 3700 BLOCK OF PARADISE DRIVE NEAR NORMAN
WAY; Xanadu Property Holdings, Inc" owners; Tom Newton, Planning Advisory
Corporation, Applicant; Assessor's Parcel No, 39-241-01
Commissioner Greenberg recused herself from this item due to the proximity of her home
to the project.
Planner Allsep reviewed the staff report, She noted the Planning Commission action is
not the final decision as to recirculation, The Planning Commission should consider if
there is any new information, after responses to comments and additional clarification
, information is included_ This hearing does not close the door on recirculation,
Town Attorney Danforth discussed the court order regarding this Draft Environmental
Impact Report (DEIR) and noted, in August 2002, after the one-year Environmental
Impact Report (EIR) approval lapsed, applicant asked the court to complete the EIR
process and the judge was so disposed, The judge's deadline for certification is March 1,
2003, The Town must complete the CEQA process by March 1,2003, The response to
comments must be drafted before a decision is made on recirculation,
Commissioner Stein stated, since the Planning Commission is advised not to address the
recirculation issue, he is confused as to the purpose of this hearing,
Town Attorney Danforth responded the meeting is in response to the historical tradition
that Tiburon holds a hearing when a report is drafted based on comments received during
the comment period,
Commissioner Collins asked, when and if additional information is returned, if the Town
still faces the March I, 2003 deadline,
Town Attorney Danforth responded, yes_
The public comment period was opened,
John Kunzweiller, president of Norman Way Homeowners Association, asked about the
public notice and the point oftonight's meeting,
Tiburon Planning Commission . Minutes of November 13, 2002, No, 870
3
EXB:IPIT NO, C
RESOLUTION NO, 2002-14
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF A FIFTH EXTENSION OF TIME FOR
IMPLEMENT A TION OF PLANNED DEVELOPMENT #7 AT 375 TAYLOR ROAD
(RING MOUNTAIN PARCEL G)
ASSESSORS PARCEL NO, 38-182-42
WHEREAS, the Planning Commission of the Town of Tiburon does resolve as follows:
Section 1. Findings
A. The Planning Commission of the Town ofTiburon has received and considered an
application filed by Walker & Moody Architects to extend allowable time for
implementation of the approved Precise Development Plan for 375 Taylor Road_ Thc
application consists of the following:
I, Application form for time extension received October 31, 2002, with supplemental
letter from John Walker, AlA dated October 30,2002,
The official record for this project is hereby incorporated and made part of this resolution,
The record includes the Staff Reports, resolutions, minutes, application materials, and all
comments and materials received at public hearings,
B, The Planning Commission held a duly noticed public hearing on November 13, 2002, and
heard and considered testimony from interested persons, The Planning Commission has
found that the requested extension of time is consistent with the goals, policies, and
provisions of the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town
Council Resolution No, 2888,
C. The Planning Commission has found that the project is exempt from the requirements of
the California Environmental Quality Act per Section No, 15303 ofthe CEQA Guidelines,
Section 2_ Recommendation of Approval
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of
Tiburon does hereby recommend that the Tiburon Town Council approve an extension of time
for implementation of the Precise Plan for 375 Taylor Road (Ring Mountain Parcel G) as
follows:
], The expiration date for the Precise Development Plan approved by Resolution No_ 2888 on
November 4, 1992, and extended by Resolution Nos, 3] 19,3253,3378, and 59-200] shall
be further extended by 6 months to June 4,2003, The Planning Commission does not
recommend additional time extensions for the Precise Deve]opmcnt Plan beyond that date,
Tiburon Planning Commission
Resolution No, 2002-14
10/13/2002
2, This time extension authorizes no other changes or amendments to the approved Precise
Development Plan,
PASSED AND ADOPTED at a regular meeting of the Planning Commission on November
13, 2002, by the following vote:
AYES:
COMMISSIONERS: Collins, Greenberg, Smith, Snow & Stein
NOES:
COMMISSIONERS: None
ABSENT:
COMMISSIONERS: None
s/Paul Smith
PAUL SMITH, CHAIRMAN
Tiburon Planning Commission
ATTEST:
f2dh~~
SCOTT ANDERSON, SECRETARY
39704PC4.RES.DOC
Tiburon Planning Commission
Resolution No, 2002-14
10/13/2002
EYT-IIBIT :r-:0-D.
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING A FIFTH EXTENSION OF TIME FOR IMPLEMENT A TION OF PLANNED
DEVELOPMENT #7 AT 375 TAYLOR ROAD
(RING MOUNTAIN PARCEL G)
ASSESSORS PARCEL NO, 38-182-42
WHEREAS, the Town Council of the Town ofTiburon does resolve as follows:
Section I, Findings
\
A, The Town has received and considered an application filed by John Walker, on behalf of
property owner Miranda Leonard, to extend the allowable time for implementation of the
approved Precise Development Plan for 375 Taylor Road, The application consists of the
following:
1. Application fonn received October 31, 2002.
2. Approved Precise Plan exhibits,
The official record for this project is hereby incorporated and made part of this resolution,
The record includes the Staff Reports, resolutions, minutes, application materials, and all
comments and materials received at public hearings,
8, The Planning Commission held a duly noticed public hearing on October 23, 2002, and
heard and considcred testimony from interested persons, The Planning Commission found
that an additional time extension was consistent with the goals, policies, and provisions of
the Tiburon General Plan, the Tiburon Zoning Ordinance, and Tiburon Town Council
Resolution No, 2888, The Planning Commission adopted Resolution No, 2002- ] 4
recommending that the Town Council approve a final six-month extension of the Precise
Development Plan approval.
C. The Town Council held a duly noticed public hearing on December 4, 2002, and heard and
considered testimony from interested persons, The Town Council finds that the extension
of time is consistent with the goals, policies, and provisions of the Tiburon General_ Plan,
the Tiburon Zoning Ordinance, and Tiburon Town Council Resolution No, 2888,
D. The Town Council finds that the project time extension is exempt from the requirements of
the California Environmental Quality Act per Section No, 15303 of the CEQA Guidelines.
I
Tiburon Town Council
Resolution No
-1-/2002
Section 2, Approval
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby approve an extension of time for implementation of the Precise Development Plan
for PD#7 (375 Taylor Road, Ring Mountain Parcel G) as follows:
I, The expiration date for the Precise Development Plan approved by Resolution No, 2888 on
November 4,1992, and extended by Resolution Nos, 3] 19, 3253, 3378, and 59-2001 shaH
be further extended by six months. The new expiration date will be June 4, 2003, The
Town Council is not inclined to grant additional time extensions, due to the passage of over
10 years since original approvaL The Precise Development Plan shall expire on that date
unless a subsequent zoning permit has been issued pursuant to said approvaL
PASSED AND ADOPTED at an adjourned meeting of the Town Council of the Town of
Tiburon on December 4, 2002, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
TOM GRAM, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
39704TC3.res,doc
2
Tiburon Town Council
Resolution No,
-/-/2002
Town of Tiburon
STAFF REPORT
AGENDA ITEM ~ DA ~
. . . . . . . . . . .. .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .
TO:
Chairman and Board of Directors, Tiburon Redevelopment Agency
SUBJECT:
Heidi McVeigh, Treasurer
Accept Annual Audit Report for Fiscal Year 2001-02
FROM:
MEETING DATE: December 4,2002
REVIEWED BY:
. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . ..
The firm Odenberg Ullakko Muranishi, of San Francisco has conducted and completed the
annual audit of the Tiburon Redevelopment Agency Financial Statements for Fiscal Year 2001-
02,
The audited financial statements are consistent with generally accepted accounting and financial
reporting standards, The financial reports include presentation of the assets, liabilities and fund
equity positions, as well as revenues and expenditures for the two Redevelopment Agency
funds,
California Community Redevelopment law requires that every Redevelopment Agency complete
and accept their annual financial audit within six months of the fiscal year-end, As the Tiburon
Redevelopment Agency's fiscal year ended June 30, 2002, the Board of Directors must accept
the Annual Audit Report by December 31, 2002,
Recommendation
It is recommended the Board of Directors accept the audited Financial Statements of the Tiburon
Redevelopment Agency for the Fiscal Year ended June 30, 2002,
Attachment
1, Tiburon Redevelopment Agency Financial Statements and Supplemental Information