HomeMy WebLinkAboutTC Agd Pkt 2002-02-06
TOWN OF TIBURON
Town Council Chambers
1505 Tiburon Boulevard
Tiburon, CA 94920
Wednesday, February 6, 2002
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7:00 p.m. - Closed Session
7:20 p.m. - Interview
7:30 p.m. - 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 the
meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting.
AVAilABILITY OF INFORMATION
COpies of all agenda reports and supporting data are available for viewing and inspection at Town Hall
and at the Belvedere- Tiburon Library located adjacent to Town Hall.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to provide testimony
on these items. If you challenge any proposed action(s) in court, you may be limited to raising only
those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in
written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the
right to take items out of order No set times are assigned to items appearing on the Town Council
agenda. .
AGENDA
CLOSED SESSION
Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a Closed
Session. More specific information regarding this meeting is indicated below:
CONFERENCE WITH lEGAL COUNSEL - CURRENT LITIGATION
(Section 54956.9(a))
Zippin v. Town of Tiburon
PUBLIC EMPLOYEE DISCIPLlNE/DISMISSAURElEASE
(Section 54957)
INTERVIEW(S)
. HERITAGE & ARTS COMMISSION - Patricia Navone, 2200 Paradise Drive
\
Agenda - Town Council Meeting
February 6, 2002
Page 2 of4
TIBURON REDEVELOPMENT AGENCY
CALL TO ORDER AND ROLL CALL
Agency Members Fredericks, Slavitz, Thompson, Vice Chairman Gram, Chairman Matthews
ADOPTION OF MINUTES
1. November 1, 2000
2. September 19, 2001
3. January 16, 2002
ADJOURNMENT
TIBURON TOWN COUNCIL
CALL TO ORDER AND ROLL CALL
Councilmember Fredericks, Councilmember Slavitz, Councilmember Thompson, Vice Mayor Gram,
Mayor Matthews
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 action
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 Council
meeting agenda. Please limit vour comments to no more than three (3) minutes.
PRESENTATION
. Present~tion on Marin Congestion Management Agency - Novato Councilman Mike DiGiorgio
CONSENT CALENDAR
All items 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. Approval of Town Council Minutes - January 16, 2002
2. Approval of Town Council Minutes - January 24, 2002
3. Report by Town Manager - Monthly Investment Summary Report - November, 2001
Agenda - Town Council Meeting
February 6, 2002
Page 3 of 4
4, Report by Town Manager - Monthly Investment Summary Report - December, 2001
5. Recommendation by Planning Director - Approval of Parcel Map for Lot Line Adjustment
Address - 280 Round Hill Road and 210 Gilmartin Drive
AP Nos. - 39-203-01 & 39-171-05
Applicant - Alexander & Binyamina Anolik
(a) A Resolution of the Town Council of the Town of Tiburon
Approving a Parcel Map for the Adjustment of Lot Lines on
Parcels of Land Located at 280 Round Hill Road and 210
Gilmartin Drive and also Accepting a Grant of Open Space
Easement and Approving an Agreement regarding Bunchgrass
Mitigation Fees (Anolik; PD#27) - AP Nos. 39-203-01 & 39-171-05
6. Recommendation by Planning Director - Request to Marin Housing Authority for Modification of Deed
Restriction on Property
Address - 600 Ned's Way
AP Nos. - 58-151-27
(a) A Resolution of the Town Council of the Town of Tiburon
Requesting that the Housing Authority of the County of Marin
Modify a Deed Restriction on a 2-Acre Property located at
600 Ned's Way in the Town of Tiburon (APN 58-151-27) for
Affordable Housing Purposes
7. Recommendation by Planning Director - Tiburon Peninsula Foundation Proposal for
'Blackie's Grove" '
(a) A Resolution of the Town Council of the Town of Tiburon
Approving Improvements in the Blackie's Pasture Portion
Of the Richardson Bay Lineal Park - 'Blackie's Grove"
8. Recommendation by Town Manager - Policy on Financial Donations to Town
9. Recommendation by Town Attorney - Request for Participation in Amicus Brief - Eastburn v. Regional
Fire Protection Authority
PUBLIC HEARING
10. Recommendation by Planning Director - Amendment to Kuhns Precise Plan
Address - 1, 5 & 9 Stevens Court
AP Nos. - 58-111-25,26 & 27
Applicant - Ben Barnes
(a) A Resolution of the Town Council of the Town of Tiburon
Approving an Amendment to the Kuhns Precise Plan
(pO #31) to allow I ncreased Floor Area for the Properties
Located at1, 5 & 9 Stevens Court
Agenda - Town Council Meeting
February 6, 2002
Page 4 of 4
11. Recommendation by Planning Director - Adoption of Traffic Mitigation Fee Report and Findings
(a) A Resolution of the Town Council of the Town of Tiburon
Making Certain Findings Regarding Fees Collected for
Traffic Mitigation Purposes
REGULAR AGENDA
12. Recommendation by Town Engineer - Implementation Plan for Tiburon Peninsula Traffic Committee
Report ..
13, Recommendation by Town Manager - Establishment of an Administrative Services Department
(a) Approve Reorganization of Finance Department into an Administrative Services Department
(b) Establish the positions of Administrative Services Director, Administrative & Financial Analyst.
Information Technology Coordinator and Account Clerk .
(c) Abolish the positions of Finance Director and Assistant to the Town Manager
(d) Amend budget for $38,000 from General Fund Unrestricted Reserves.
14. Recommendation by Town Manager - Fund Miscellaneous Employees' Share from PERS Surplus
15. Recommendation by Town Clerk, - Appointments to Fill Pending Vacancies on Town Boards,
Commissions and Committees
COMMITTEE AND COMMISSION REPORTS
WRITTEN COMMUNICATIONS
Town Council Weekly Digest - January 18, 2002
Town Council Weekly Digest - January 25, 2002
Town Council Weekly Digest - February 1, 2002
ADJOURNMENT
UPCOMING MEETINGS
. Regular Town Council Meeting - (February 20, 2002)
. General Plan Workshops - (Spring 2002)
. Interviews to fill Town Council Vacancy (March 2002)
FUTURE AGENDA ITEMS
. Final approval of Downtown Design Guidelines - (February 20, 2002)
. Railroad Marsh Implementation Plan - (February 20, 2002)
. RZH Block and Per Capita Grants - (March)
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COM:\USSION, BOARD & COM~flTTEE
U.PLICA TION
The rewa c...c:iJ eoaliders appointments to it! various Town commissions,
IM1erdI ud colllDlittee ttaroaput <<he year due to term expirations and unroraeen
v....ae.. lD ics eflbrt 10 '-_dell plU1idpariOD by IlXal reidents in Tibur()n's local
,O!W......... ~t..1 *>:leI acti~tiea, tile Coundllleeds to know your interest in
seMac die T-. __ apaelt)'.
PIeue ..J-M year specific arus ofillterest and special skills or experienu
,.-Jaida would be , dlc:lal to die Town. by eompleting both sides of this form and
reear'lliat it to TOWIl Hall. Copies will be forwarded to the Town Council arld
iu~JrDlal.pptic:aatJCGtllldl iDtervl-. lift sehoduJed periodically during the y....r.
Your .pplkailo.wlU abol'emaiD on file atTOWII Hall for a period o{ one (1) y~ar.
TbaDk you 'for yoUI' 1riIJIDp_ to serve the Tiburoll conltmunity.
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Diane Crane lacopi
TOWD Clerk
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AREAS OF INTEREST
JadIcate YO'll' A.ru(l) at Jacerett to Nv.eerk.l OreS.,
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PLo\iNNING PARKS &; OPE~ SPACE
. "DESIGN REVJJlW __RECREA TlOl'i
V HERITAGE Ii: ARTS DISASTER PREPAREDNESS
BUDGET &: FINANCE LIBRARY
RIC\'CLEJPEDESTiiA.~ ADVISORY COMMITTEE
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REASONS FOR SELEC'UNG
YOUR AREAS OF Thi'TEREST
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TIBURON REDEVELOPMENT
AGENCY
STAFF REPORT
ITEM NO, ?. Q4 - J
From:
Subject:
Date:
CHAIRMAN MATTHEWS & MEMBERS OF THE TIBURON
REDEVELOPMENT AGENCY
DIANE CRANE IACOPI, AGENCY SECRETARY /'J-C:L
ADOPTION OF REDEVELOPMENT AGENCY MINUTES
February 6, 2002
To:
BACKGROUND
The Tiburon Redevelopment Agency has in recent years met only once or twice annually,
It has been the practice of the Agency to adopt meeting minutes at the next regularly scheduled
meeting,
The last regular meeting of the Agency was on September 19, 200 I, tollowed by a
meeting in closed session on January 16, 2002, At the September 19, 200 I meeting, minutes of
the October 4, 2000 meeting were adopted, The minutes of a subsequent meeting, held on
November 1,2000, were inadvertently omitted from the information packet presented to the
Agency Board at that time,
RECOMMENDA nON
It is recommended that the Board adopt the following Redevelopment Agency meeting
minutes at its February 6 meeting if a quorum of members is present:
. November I, 2000
. September 19,2001
. January 16,2002
EXHIBITS
(Minutes listed above)
TlRlJRON REI)EVELOPMENT AGENCY
MINUTES
CALL TO ORDlm
Chair Gram called thc mc" g ofthc c CVe pment Agency of the Town ofTiburon to order at
7:30 p,m, on Wednesda ,November 1,2000, i Town Council Chambcrs at 1505 Tiburon
Boulevard, Tiburon, cd~ .
A. ROLL CALL
PRESENT: BOARDMEMBERS: Bach, Hennessy, Matthcws, Thompson, Chair Gram
EX-OFfiCIO:
Executive Director McIntyre, Town Attorney
Danforth, Finance Director Stranzl, Planning
Director Anderson, Supcrintendent of Public Works
lacopi, Town Clcrk Cranc lacopi
B. APPROVAL OF MINUTES
I) No, 04-00 - October 4,2000 (Adopt)
MOTION:
Movcd:
Vote:
To Adopt Minutes #04-00, October 4, 2000, as presented
Bach, Sccondcd by Henncssy
A YES: Unanimous
ABTAIN: Gram
C NEW BUSINESS
2) 2-98 Ned's Way (Chandler's Gatc Senior Housing Project): Rcvicw & Approval of a
Tri-party Below Market Rate (BMR) Housing Agrccmcnt for provision of four (4) vcry
low income units in the 25-unit development - (Tiburon Redevelopment Agency, Marin
l'lousing Authority, and Ned's Way Garden Homes, LLC, parties to the Agreement)-
(AP No. 58-151-35)
Planning Director Anderson said thc Agcncy had entered into a Disposition and Development
Agrcement with the developers in June 1996 which required the sale of four units of the project
now known as Chandler's Gate to very low incomc families, The mechanism for this sale,
according to Anderson, was a Below Market Rate Housing Agreement now bcforc thc Agency
for approvaL
He said that the four low-income units would be sold lor $270,000 per unit,with thc
Redcvelopment Agency subsidizing $200,000 ofthc pcr unit cos!. The remaining $70,000
would bc paid by the buyer.
Andcrson pointed out that because State law detcrmincd income levels, and that very-low
incomc buycrs would be limited to an income level of about $24,000 (or 30% of the purchase
price of a home), which might alTect their ability to sccure a loan, Howcvcr, these same buyers
could havc up to threc times the purchase price of thc units in assets, which would help in
securing financing.
Redevelopment Agency ,Hinule.\' 1105-00
Novemher I, ]000
Page I
Anderson said a way to further help with this limited loan option would be to lower the
homeowner association dues for the !()ur very-low income units, He noted. however, that this
would be difficult to due because of Department of Real Estate regulations.
Planning Dircctor Anderson said another issue belllre the Agency was whether to buy any of the
units outright. He said there would be two opportunities to consider this option: a) about 90
days before completion of the project in which the Agency would have 60 days to exercise the
option, and b) atier a period of three months of unsuccessful sale of the units, if necessilry,
Anderson recommended that the Agency pass on the lirst option to purchase at this time.
Finally, Planning Director Anderson said the Agency should consider the issue of "preferences
or priorities," in determining eligibility, He said that Fair l'lousing laws pointed in the direction
of not drawing boundaries too tightly around a project in order to achieve a fair representation of
the community at large.
Anderson recommended Agency consideration of the l'lousing Council of Marin's detinition of
preferences as "people who live or work in Marin County" in order to avoid the narrow
distinction relerred to above,
Planning Director Anderson recommended Agency approval and exccution of the above
agreement, which would incorporate the preterences stated above,
Boardmember Matthews asked whether the Redevelopment Agency would have to come up.with
funds in the amounts of $SOO,()OO at the time of sale of the four, very-low income units,
Planning Director conlirmed this,
Matthews asked whether the Agency would have to come up with $70,000 more per unit ifit
decided to buy the units (or unit) outright. Planning Direetl)r Anderson answered aflimlatively,
and noted that the units would have to be rented to very-low income families in any event.
Boardmember Matthews commented that he thought the homeowner's association dues should
be lower for low ineome buyers.
Boardmember Hennessy commented that her homeowner's dues (even though she owns a below
market rate unit in Pt. Tiburon) keep going up, along with the parcel tax,
Boardmember Hennessy said that preterences [t()r Town employeesj had been discussed prior to
the ('lousing Authority's lottery of BMR units at Pt. Tiburon, but had been abandoned beeause it
was (eared that they would be construed as discriminatory,
Hennessy said there were people in Town who would like to have their parents move back to be
near them and that she did not think there should be any kind of preferences lor the Chandler's
Gate lottery.
Boardmember Bach agreed, He said that there were tonner residents who would like to move
hack to Tiburon who no longer lived in Marin County who would be excluded (rom the lottery if
it was limited to people living or working in the County,
NedevdoPlnenl Agem:\' Alinutcs H05-00
Novemher /, lOOf)
Page,2
Chair Gram opened and closed the public hearing, There was no public comment.
MOTION:
To authorize Executive Director McIntyre to execute the above Agreement
without any preferences regarding residency,
Hennessy, Seconded by Bach
A YES: Unanimous
Moved:
Vote:
D. AD.JOURNMENT
There being no further business of the Tiburon Redevelopment Agency, Vice Chair Thompson
adjourned the meeting at 7:50 P.M" sine die,
TOM GRAM, CHAIR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Redevelopment Agent-y'Minutes #05-0{)
November I, 2000
rage 3
T1BURON REDEVELOPMENT AGENCY
MINUTES
CALL TO ORDER
Chairman Thompson ca\lel:H11e meetTh~ Redevelopment Agency of the Town of Tiburon
to order at 7:30 p.m, oh September 19,2001, iry Town Council Chambers at 1505 Tiburon
Boulevard, Tiburon, ' ,
ROLL CALL
BOARD MEMBERS:
Bach, Gram, Slavitz, Vice Chair Matthews, Chair Thompson
EX OFFICIO:
Town Manager McIntyre, Assistant to the Town Manager
McVeigh, Town Attorney Danforth, Finance Director Stranz!,
Director of Public Works Echols, Senior Planner Watrous,
Associate Planlll:r Theriault, Chief of Police Odetto, Town Clerk
Crane lacopi
REGULAR AGENDA
(1) Approval of Redevelopment Agency Mecting Minutcs - October 4, 2000
MOTION:
Moved:
Votc:
To adopt Minutes as writtcn,
Bach. Seconded by Matthews
A YES: Bach, Matthews, Thompson
ABSTAIN: Gram, Slavitz
(2) Rccommendation by Finance Director ,- Adoption of the Annual Report of the Tiburon
Redevelopment Agency for Fiscal Year 2001-2002
Finance Director Stranzl reported that the Agency would meet its revenue limit during the
current fiscal year.
Boardmember Matthews noted that after the Agency "sunsets" at the end of the fiscal year, the
result would be a slight increase in revenue to other agencies such as the library, schools (Reed
Union School District and Tamalpais High School District), and fire and sanitary districts. He
estimated the revenuc to the school districts would increase by $250,000-300,000,
MOTION:
Moved:
Votc:
To accept year-cnd report,
Matthews, sccondcd by Gram
A YES: Unanimous
ADJOURNMENT
There being no further business before the Tiburon Redevelopment Agency, Vice Chair
Thompson adjourned the meeting at 7:42 p,m" sine die,
ANDREW THOMPSON, CHAIR
Redevelopment A~emJ' Minutes #01-0/
Septemher /9. 200/
Page J
ATTEST:
DIANE CRANE IACO?I, TOWN CLERK
Redevelopment Agem.y Minutes #0 J -0 I
September /9, 2VV /
Page 2
"
~
,
T1BURON REDEVELOPMENT AGENCY
MINUTES
CALL TO ORDER
Chairman Matthews called the meetingofthe Red'e- pment Agency of the Town of Tiburon to
order at 7:00 p,m, on Wednesday January 16,2002, in Town Council Chambers at 1505 Tiburon
Boulevard, Tiburon, California,
ROLL CALL
PRESENT: BOARDMEMBERS:
Fredericks, Gram, Slavitz, Thompson, Matthews
EX-OFFICIO:
Executive Director McIntyre, Town Attorney
Danforth, Assistant to the Town Manager McVeigh
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - CURRENT LlTlGA TlON
(Section 54956,9(a))
Claimant: State of California v, Robert L. Kleinert, Executive Ofiieer, Tiburon Redevelopment
Agency
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
Litigation was discussed but no action was taken,
AD,JOlJRNMENT
There being no further business of the Tiburon Redevelopment Agency. Chairman Matthews
adjourned the meeting at 7:30 P,M.. to a meeting of the Town CounciL
HARRY MATTHEWS, CHAIR
AyrES'!':
DIANE CRANE IACOPI, AGENCY SECRETARY
Redevelupmenl AgenLJ' A1inules IIO/-OJ
Januury/6, 200]
Page I
TOWN COUNCIL
MINUTES
TIBURON REDEVELOPMENT AGENCY
CALL TO ORDER AND ROLL CALL
Agency Members Fredericks, Slavitz, Thompson, Vice Chairman Gram. Chairman Matthews
CLOSED SESSION - 7:00 PM
CONFERENCE WITH LEGAL COUNSEL - CURRENT LITIGATION
(Section 54956,9(a))
Claimant: State of Cali fomi a v, Robert L. Kleinert, Executive Officer, Tiburon
Redevelopment Agency
ADJOURNMENT
TlBURON TOWN COUNCIL
CALLTOOR~
Mayor Matt ews called the regUhtr
on Wednes ay, January 16,2002, i
Tiburon, Call
eeting of the Tiburon Town Council to order at 7:30 p,m,
Town Council Chambers, 1505 Tiburon Boulevard,
ROLL CALL
PRESENT: COUNCILMEMBERS:
Fredericks, Gram, Matthews, Slavitz. Thompson
PRESENT: EX OFFICIO:
Town Manager McIntyre, Town Attorney Danforth,
Planning Director Anderson, Director of Public
Works/Town Engineer Echols, Chief of Police
Odetto, Assistant to thc Town Manager McVeigh,
Town Clerk Crane Iacopi
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Matthews said that the litigation was "moving in the right direction" but that there was
nothing to report.
INTRODUCTIONS
. Introduction of Newly Appointed Lieutenant to the Tiburon Police Department - Lt.
David Hutton
Mayor Matthews said Lt, Hutton had joined the Tiburon Police Department as an otlicer in 1981
and had been promoted to Sergeant in 1990, '
Tmt'n Council Alinllles #02-2002
January /6,2002
Page /
Mayor Matthews presented Lt. Hutton with his new badge and congratulated him on his
promotion from Sergeant to Lieutenant.
PRESENTATION
. Presentation by the Romberg-Tiburon Center for Environmental Studies
Boardmember Bob Ohrenschall said a few words and introduced and Center Director, Alyssa
Arp, Dr. Arp explained the mission of the Center and its affiliation with San Francisco State
University. She said there was an annual "open house", along with programs for the public,
in addition to the research that goes on at the Center.
ORAL COMMUNICATIONS
Wayne Snow, 100 JefTerson Drive, said the [Richardson Bay] Sanitary District should be
acknowledged for putting up fences around their emergency generators,
CONSENT CALENDAR
1. Approval of Town Council Minutes - January 2, 2002
Couneilmember Fredericks corrected a reference on Page 7 of the minutes to read "Condition 5"
rather than "Condition 6" of the referenced Planning Commission resolution,
2, Recommendation by Town Attorney - Resolution Regarding Amendment to Promissory
Note
a) A Resolution of the Town Council of the Town ofTiburon
Approving Amendment to Town Manager's Promissory Note
MOTION:
Moved:
Vote:
To adopted Consent Calendar Items I and 2, as amended,
Slavitz, Seconded by Thompson
AYES: Unanimous
REGULAR AGENDA
3, Recommendation by Parks & Open Space Commission - "Blaekie's Grove": Proposal
by Tiburon Peninsula Foundation to Install Trees and Other Landscaping Improvements in
the Blackie's Pasture Portion of Richardson Bay Lineal Park
Planning Director Anderson said that over the past two and a half years, the Tiburon Peninsula
Foundation (TPF) had proposed the installation of landscaping and irrigation improvements in
the area around Blackie's Pasture in conjunction with a 1994 State tree-planting grant awarded to
the Town and a furtherance of thc TPF's mission to help build a "sense of community,"
Anderson said previous plans had becn withdrawn by the TPF after rejection by the Parks &
Open Space Commission. He said the current proposal, known as "Blackie's Grovc" (actually,
"Groves 1 and T), included the addition of seven (7) trees, granite paths and benches, ,
Town Council Minutes #O]-]()O]
.January /6,](}(}]
Page 1
Also included in the project was a proposal to lower and spread out an existing berm, which
would be hydrosceded and planted with !lowers,
Mr. Anderson said that all of the above clemcnts had been reviewed and approved by the Parks &
Open Space Commission, however, the TPf' had subsequently withdrawn one element of the
project, thc removal of the Cottonwood tree in the vicinity of Grove No, 2,
Andcrson said that in its rcvicw, thc POSC had recommended approval of Grove No. I, the
levcling of the berm, and removal of the Cottonwood Tree to address view hlockage issues,
However, he said the Commissioners were not in fllvor of planting new trees in the Grove No, 2
area.
Anderson said that StatTalso recommended approval of the project on this basis, He said the
issue of the Cottonwood tree did not need to be resolved in context of the proposed project and
could be addressed at a later date as part ofa "bigger picture" review ofthc issue of trees on
public land,
Councilmember Fredericks asked ahout maintenancc costs associated with the installation of
Grove No, I. Planning Director Anderson said it would he "a nice gesturc" if the TPF offered an
endowment f()r maintenance of the new grove.
Councilmcmher Fredericks askcd about the agc of the existing coral eucalyptus trees in Grove
No, 2, Anderson estimated that they were 20-30 years old.
Councilmember Slavitz asked about the future of the Cottonwood tree in [future] TPF proposals,
Larry Smith said the Foundation's position was that "we can't spend our donors' money to cut
trees down" and that the area would be turned into a beautiful grovc either way,
Smith said the Parks & Open Space Commission wanted to see what the area looked like without
the Cottonwood tree het(Jre they made a decision on whether any more trees should he planted,
Mayor Matthews asked if the POSC had adopted a "wait and sec" approach on Grove No, 2.
Smith said that although the planting of trees in Grove No, 2 was not supported by POSe, the
Commission had approved the grading and installation ofbenehes in that area.
Mayor Matthews opcned the public hearing,
j'larry I-leath, resident of 440 Greenwood Beach Road since 1959, said the Cottonwood tree had
always heen part of the view and that he was upset at the thought of its loss, He said it was the
most beautiful tree in the grove and that after the Novcmber 13 POSC recommendation for
removal, hc had bccome concerned. He said that his homcowner's group had subsequently
submitted a petition to Council opposing removal of the tree.
III
Town Cuuncil A/inllles #O]-]()()]
.Januw:r / fi,2002
Page 3
Mr. I'leath advised Council to follow the mandates oflhe Tiburon Trce Ordinance in making its
decision, that is, if it l:the treeJ did not "unreasonably" or only partially obstructed a view, not to
remove it. He pointed out that the Cottonwood tree only partially obstrueted the view of
neighbors on East Terrace in the Reedlands and that it was, at that point. more than 800 tee[
away.
Mr. Heath also said the Cottonwood was a "heritage tree" which deserved special attention under
the Town's ordinance.
Bert Rudkin, 9 East Terrace, said he and his neighbors had submitted a petition to remove the
Cottonwood tree because the tree had really "popped into view" in the last live to seven years.
He said that he and his neighbors would be back when the Council discussed the issue of view
blockage from trees on publ ie land.
Councilmember Thompson asked whether the East Terrace neighbors objectcd to cithcr Groves I
or 2, Mr. Rudkin said that Grove No, 1 would have no impact.
Joycc Taycr, 20 East Terrace, said she had a direct view to the San Francisco Bay and the City
which was being obstructed by the Cottonwood tree and the proposed new Grove No, 2, She
presented a photo (takcn a year ago) of the Cottonwood tree in her vicw. '
Mrs. Tayer said her late husband had helped acquire Blackie's Pasturc while he was on the Town
Council and she asked Council to preserve the area I(lr everyone's use in thc futurc.
Mike Hancock, 8 East Tcrraee, said thc COllonwood trce and two adjoining eucalyptus trees had
startcd to obstruct his view and would continuc to do so as they grew. He said he reared that a
sccond grovc would also eontinue to grow too tall,
Ann Seabury, 30 year resident 757 Tiburon Boulevard, said she walkcd her dog in that area
every day and that she loved the COllonwood tree, She rc!erred to a unique sound made by the
leaves during the summer that was very beautiful. She asked Council not to rcmove the tree.
Pam Snellgrove, 442 Grecnwood Beach Road, said she spent a lot of timc walking by the
"magnitiecnt. dcciduous" COllonwood tree and was opposed to its removal. She said shc was
troubled by a possible preeedent being set if the Town starting taking down trees on public land
in order to address the view issues of residents.
Wayne Snow, 100 Jclkrson Drive, said be liked the current proposals for Groves I and 2 and
thanked both POSC for conducting thorough hearings and the TPF for its pursuit of the project.
Eleanor Becker. 467 Virginia Drivc, said the pcople complaining about view blockage probably
lived highcr up than she did, howevcr, she said she would not mind the removal oftrces as "we
have plcnty,"
Town CO/lncil,lv!hlllles #0]-]00]
Jannar,y 16,]()()2
I'age./
Mayor Matthews dosed the public hearing.
Couneilmcmber Slavitz commended the TPF for staying out of controversy by withdrawing its
request to remove the Cottonwood tree. He said he had no problem with Grove No. I, but he
agreed with Mr. Rudkin that the global issue of trees on public land and private views should be
addressed.
Couneilmember Thompson sought claritieation of the proposals. Planning Director Anderson
conlirmed that the Grove No.2 proposal was for grading only, the installation of a path and
benches, and no new trees.
Thompson said he did not think the trees in Grove No. I would grow high enough to obstruct any
views and that the "dean up" in Grove No.2 would improve the area.
Vice Mayor Gram thanked Larry Smith for his perseverance and said the proposed project was a
"very acceptable plan." He suggested that the Town get a proposal to "trim and thin" the
Cottonwood tree and see how much it would cost.
Mayor Matthews said the Foundation had done a line job and that there were valid and sensible
arguments on both sides of the Cottonwood tree issue. He said his philosophy was "when in
doubt, do nothing." and that it would be appropriate in the future to review the issue of trees on
public land.
MOTION:
To adopt the Parks & Open Space recommendation to approve Blackie's Grove.
minus the [removal oftheJ Cottonwood tree.
Thompson. Seconded by Slavitz
A YES: Unanimous
Moved:
Vote:
4. Rccommendation by Parks & Opcn Spacc Commission - Landscaped Berms Between
Tiburon Boulevard and Blackie's Pasture
Planning Director Anderson said creation of the berms was ajoint venture between the Town and
"Blaekie's Brigade" in I 995, but that the vegetation had grown so tall that it now had caused
view loss to the homes across Tiburon Boulevard.
He said the Parks & Open Space Commission had been presented with the issue in November
and had considered three options, which were also before the Town Council:
I) Do nothing (i.e. continue current landscape maintenance);
2) Remove and replace the taller plants with water tolerant landscaping (to be provided
by the Tiburon Peninsula Foundation);
3) Trim or cut back the existing vegetation.
Anderson said that POSC had voted for Option NO.2 and said that Staff concurred with this
recommendation.
Town Cowu.;iI A4inlfte.~ #02-2()()]
January 16,2002
Page 5
Anderson also said the TPF had agreed to assist with plant replacement costs and would provide
a revised landscape plan lor future review.
Councilmember Thompson asked if there was an irrigation system in the berm. Anderson
aflimled this. Thompson asked if the Town-landscaped area near San Ralael Avenue was also
irrigated and was told it was. But Thompson pointed out that the plants in that area were also
drought resistant.
A member of the public commented that the ilTigation system (in the Blackie's Pasture area) did
not seem to work half the time.
Councilmember Fredericks asked about the State demand f(Jr a refund of grant money if trees
were removed from the berms.
Planning Director Anderson said that there was a possibility that morc of the original $11,000
would havc to be returned to the State, but pointed out that the TPF had agreed to cover the
$3600 demandcd by the Statc in 1999, or apply it (in kind) to the planting oftrecs in Blackic's
Grove.
Council then discussed the process by which to move f()I"ward in the plant replacement plan.
Planning Director Anderson said that POSC had recom'.llended a palette of plants similar to that
planted between San Rafacl A venue and Rockhill Drivc (along Tiburon Boulevard).
Larry Smith said the Foundation's consultant. Ralph Alexander, could quickly draw up a plan f()r
approval by Assistant Superintendent of Public Works Davenport in order to meet a Spring
planting schedule.
Jefferson Drive resident Wayne Snow asked whether it would be appropriate to set a'height limit
in the plan. Mr. Alexander said the new plants would be between 2-3 fect high.
MOTION:
To accept the Parks & Open Space Commission recommendation for plant
rcplaeement on the berms: for the Tiburon Peninsula Foundation to begin work on '
a revised planting plan l'or subsequent review by POSe.
Thompson, Seconded by Slavilz
A YES: Unanimous
Moved:
Vote:
Mayor Matthews added that there should be a "sound irrigation system," as well.
5. Recommendation hy Town Mamlgcr - Adoption of a Resolution Endorsing Angdlsland
as the South Marin MERA Site
a) A Resolution of the Town Council of the Town ofTiburon
Endorsing Angel Island as the Superior l.ocation in South
Marin County I<)r a Marin Emergency Radio Authority Site
Town Council Min/lles If02-J(}{)]
January jO,2{)(}]
Page (j
"
,
Town Manager Mcintyre said that he and Couneilmember Thompson had met with State
representatives in Sacramento to articulate the idea of Angel Island as the superior MERA
locution fl)r Southern Marin. He recommended Council adoption of the above resolution and for
the Town to seck the endorsement of other MERA agencies, as well.
Nick Franco, Angel Island Park Superintendent, said he had met with MERA representatives
several times in order to articulate the Park's values and policies with regard to such an
installation. He said the proposal to site the facility was taking place in conjunction with the
restoration project on top of Mt. Livermore, in which all development, including the access road,
was being removed so that visitors could enjoy thc view in a more natural setting.
Mr. Franco said this type of land use [by MERA] on State land was especially inappropriate and
in violation of the prineiples of the Public Resources Code. He said that iffederall'unds wcrc
involved in the MERA project, a Section 106 review would also be rcquired. Another potential
problem was the fact that the Island is also on the National Register of Historic Places, according
to Franco.
Mr. Franco raised the question of how the MERA facility would be maintained and said that
neither of the two MERA proposals he had secn to date had addressed this issue. He said it
would be necessary tor the fllcility to be "virtually invisible" to bc acceptable, but none of the
proposals had met this criterion yet.
Mr. Franco pointed out that as a peace officer he was supportive of MERA 's goals but that he did
not think the island location was good, especially in an emergency. He said it would be costly to
maintain and repair the tlleility.
Franco said the Town's resolution asked for reconsideration of the State's policies with regard to
locating the fllcility but he commented that the Town did not scem willing to reconsider its own
policies nor apply the same standards in this instanec.
Vice Mayor Gram asked whether Angel Island personnel would "plug into" the MERA system.
Mr. Franco said they would not and explained that the Park had its own high frequcncy radio
system whieh utilized Mt. Tamalpais and seven other sites.
Couneilmember Thompson said that the Town was not asking Angcl Island to reconsider its
policy, merely to look at this proposal as a "special circumstance" due to the island's unique
location in the midst of such a large urban area.
Councilmember Slavitz asked Mr. Franco how long of a review process was anticipatcd tor the
MERA proposal. Mr. Franco said if it was a '"perfect" proposal , possibly eight months, but that
more likely it would lake a year and a half in order to go through CEQA, Section 106, and the
Department of General Services review.
Town Council l\4inuJes ifO]-2()()]
January /6,]()()2
Page 7
,
Couneilmember Thompson thanked Mr. Franco and the Park Service for being "open minded" to
the siting of the proposed MERA-nleility. He said that Angel Island had always been the "tirst
and toremost" location favored by MERA. Thompson said the Marin Municipal Water District
site in Tiburon had merely been the "quickest, easiest location" and that MERA had submitted to
the Planning Commission on that basis.
Thompson said that utilizing the MMWD site would be "an absolute tragedy" to the
Bclvederc/Tiburon community in that it featured an 80-f()llt tower with lattice that would be
visible lrom both communities, as well as Angcllsland. He said the Angel [Sland facility, on the
other hand, would not utilize an antenna at all but could be placed [tlush] on the North slope of
the island pointing north.
Couneilmember Thompson asked I{)r the wording of the resolution to be ehanged to eliminate the
reference to "antennae" and to relleet his desire fDr the Park Service to recognize the unique
setting and safety concerns of this urban location.
During public hearing, Virginia Brunini, 267 Karen Way, said she thought the only way the Park
Service would work with MERA is if they came forward with a "beautiful, perfect and invisible"
lucility. She asked the Council what its "back up" plans were and said she thought the MERA
installation was especially critical in the aftermath of September II.
Councilmember Thompson said that MER A had considered "back up" locations, such as Mt.
Tiburon, several locations in the Town's Open Space, Wollback Ridge (in Sausalito), and the
Strawberry Fire Station, but that none were as good as Angel Island.
MOTION:
Moved:
Vote:
To adopt above resolution, as amended.
Gram, Seconded by Slavitz
A YES: Unanimous
Town Manager Mcintyre said he would schedule a meeting with MERA, Angcllsland and Town
Council representatives for the I{lllowing week.
6. Report by Planning Director - Traflie Mitigation Fee Report and Update
Planning Director Anderson said the Town began collecting its current cyele of trallie mitigation
fees in FY 96-97 pursuant to Town Council Resolution No. 3162. He said that during the filih
tiscal year f{lllowing deposit of the first fee deposited in such accounts, State law required the
legislative body to make certain tindings regarding the unexpended funds.
Anderson brielly reviewed the use of the funds on specitic circulation improvements within the
Town, and said that the Couneil should hold a public hearing at this time and at its next regular
meeting, accept public comment, then adopt the lindings on February 6.
No one from the public wished to address the Town Council on this item.
Town COllncil Minl/les iI02-2()()]
.Jmlllw:\' /6,]{){)2
Pugl!8
,
Council member Slavitz commented that it was an exeellent report and that he looked lorward to
the completion of the improvements.
Council accepted the report and continued the item to February 6, 2002.
7. Report by Planning Director - General Plan Update Status Report
Planning Director Anderson said that Town Staff was in the early stages of updating its seven
General Plan Elements. He said the main clement, the Housing Element, had to be completely
updated pursuant to State law, but he noted that the other elements needed revision as well..
At a minimum, Anderson said, all diagrams (maps), tablcs, demographic and technical data, and
many policies and programs should be updated.
Anderson said that up to $ I 50,000 had been budgeted over two tiseal years to complete the
update and that the bulk of the work would be done in-house. He said the Town had established
a revcnue source and would continue to use it. However, Anderson said it was di fficult to
predict and project the linal costs.
With regard to the I-lousing element, Anderson said that some "upzoning" must occur in order to
meet the Regional Fair Share Housing Allocations assigned by the State and the Association of
Bay Area Governments (ABAG). Anderson said that the aforementioned housing goals would
trigger an EIR, which was part of what drove the cost. He also said that public workshops would
be required.
Vice Mayor Gram asked the Planning Director whether he thought the General Plan could be
updated tor $150,000. Planning Director Anderson replied that "it will be tight."
Vice Mayor Gram said the Town had a good General Plan and that he was not sure that all of the
updates, with the exception of the Housing Element, were necessary. He posed the question of
how to control costs and said he did not want an "open-ended process" He suggested
establishing a list of priorities and doing the "essential" elements first.
Planning Director Anderson said it was difficult to separate the elements and that doing it that
way could end up costing more. He said that the Housing Element update would most certainly
trigger an FIR and he said it would be up to the Town Council and Planning Commission to
make some hard decisions to keep the pr()eess manageable and costs down.
Vice Mayor Gram agreed that the Council should watch the process and costs closely.
Planning Director Anderson said that Staff eould "polish up" a budget.
Town Manager Mcintyre said that Staff would keep the Council apprised with regular reporting
of costs. He also encouraged the Council and Planning Commission to take the Planning
Director's recommendation seriously and "set ground rules" during the public review process.
Tml'n Council Alinuh's #O]-](}(}]
January /6. ]()()]
Page 9
Councilmember Slavitz asked about the number of affordable housing units required by ABAG.
He said there had been no mention of "upzoning" during a recent review of the statistics and
wondered why it was now being discussed.
Planning Director Anderson said that the 1988 ABAG report called for the creation of over 400
new housing units, and that the Town's current I-lousing Element had identified only three
aff,xdable housing sites, all of which have since been developed with a/1()rdable projects. New
sites must be identilied and zoned to make the number of units possible.
Anderson also said that since that time, State cnforcement had been tightened and rcalistic
opportunities must be crcated to develop such projects, even if the current number of lair-share
units (164) is not actually built.
Councilmcmber Thompson asked why the Town could not oppose the lindings based on the
arguments against increascd dcnsity and traffic that the Town had used in the past to control
growth.
Anderson pointed out the nilmber of housing units on proposed sites was actually rather smaiL
not even one-filth the size of the Hilarita. He said these small projects and the increase Irom
upzoning would be partially onset by other properties, such as the Martha Company project, that
might not be developed to the full density assumed in the General Plan traffic model.
He explained the concept of an am)rdable housing "ovcrlay zone," meaning that if those areas
were developed for affordable housing, they would be allowed a higher zoning density.
Co unci I accepted the status report.
PUBLIC HEARING
8. Recommendation by Planning Director - Amendment to Town Code Chapter 13
(Building Regulations) to Reduce the Number and Length of Building Permit Extensions
and Increase the Penalties Therefore; And to Revise Sections Dealing with Permit
Conditions, Violations, and Expired Permits
(2nd Rending and Adoption ol'Ordinance)
a) An Ordinance of the Town Council of the Town ofTiburon
Amending Provisions of Chapter 13 of the Tiburon Municipal Code
(Building Regulations)
Council waived the staff report.
Mayor Matthews opened and closed the public hearing.
TOH'n COllncil Minufes #O]-2()()]
JalllfWY f6,]()()]
I\/ge 10
There was no pub I ic comment.
MOTION:
Moved:
Vote:
To read ordinance by title only.
Gram, Seconded hy Thompson
A YES: Unanimous
Mayor Matthews read, "An Ordinance of the Town Council of the Town ofTiburon Amending
Provisions of Chapter 13 of the Tiburon Municipal Code (Building Regulations)"
MOTION:
Moved:
Vote:
To adopt above ordinance.
Gram, Seconded by Thompson
A YES: Fredericks, Gram, Matthews, Slavitz, Thompson
COMMITTEE AND COMMISSION REPORTS
Councilmember Fredericks reported on Jt. Disaster Advisory Council request for publication of
emergency intormation in The Ark. Town Manager Mcintyre agreed to apprise Council of the
cost to be shared by the othcr agencies on the Council.
WRITTEN COMMUNICATIONS
Town Council Weekly Digcst - January 4, 2002
To~n Council Weckly Digest - January 11,2002
ADJOURNMENT
There being no further business belore the Town Council of the Town ofTiburon, Mayor
Matthews adjourned the meeting at 9:52 p.m., sine die.
HARRY MATTHEWS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town COllncil /vtinllfes 1102-2()()]
January /6,2002
Page II
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
SUBJECT:
FEBRUARY 6, 2002 ~
TOWN COUNCIL MEMBERS
ALEX Mc INTYRE, TOWN MANAGER
MONTHLY INVESTMENT SUMMARY REPORT -
AS OF THE MONTH ENDED NOVEMBER 30, 2001
AGENDA ITEM
3
TOWN OF TIBURON
Institution/Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $7.829,610 3.526% Liquid
Investmcnt Fund
(LAIF)
Totallnvcstcd: $7,829,610
TIBURON REDEVELOPMENT AGENCY
Institution! Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $1,262,8 I 8 3.5260;', Liquid
Investment Fund
(LA IF)
Bank of America Other $0
Total Invested: $1,262,818
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 ofTiburon and
the Tiburon Redevelopment Agency, and is in confclrmity 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.
Alex Mcintyre
ce: Town Treasurer
Local Agency Investment Fund
LAIF Performance Report
Reporting Date:
Effective Date:
Quarter Yield:
Daily:
Year:
Life:
12/12/01
12/12/01
3.61%
3.35%
4.09%
191
Quarter Ending 09/30/01
Apportionment Rate:
Earnings Ratio:
Fair Value Factor:
4.47%
.00012254784317284
1,004705758
Monthly Average For November:
3.526%
Pooled Money Investment Account
Portfolio Composition'
$48.7 Billion
11/30/01
Loans
Corporate 5;76%
Bonds
4.88%
Treasuries
9.76%
. Treasuries
Mortgages
0.02%
o Mortgages
[J Agencies
.CO's/BN's
Commercial
paper
19.96%
Agencies
35.40%
o Time Deposits
o Bankers Acceptances
.Repo
. Commercial Paper
o Corporate Bonds
o Loans
CD's/BN's
14,24%
. Reverses
.The PM1A portfolio does not hold any securities of PG&E or Southern California Edison.
f
STATE OF CALIFORNIA
PHILIP ANGELlDES. Treasurer
OFFICE OF THE TREASURER
SACRAMENTO
Local Agency Investment Fund
f'O Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
~
\W1
December, 2001 Statement
CITY OF TIBURON
Allo: CITY MANAGER
1505 TIBURON BLVD
TIBURON
Account Number: 98-21-922
II:H:: f';l,: 1'VI1= :j"1I
b-j t.= l';,il ;;:_= Il \J ~,=:.-,J
CA 94920
JAN 9 2002
Transactions
Effective Transaction Tran
Date Date Type
12-04-2001 12-04-200 I RD
12-06-200 I 12-05-2001 RW
12-17-2001 12-17-2001 RD
TO\Vi1 MAt~AGEnS CFFiC~
TOWN Or TibCJR:.;"
Confirm
Number
Authorized
Caller
Amount
552548
657167
955179
RICHARD STRANZL
RICHARD STRANZL
RICHARD STRANZL
325,000.00
- 190,000,00
I, I 00,000.00
Account Summary
Total Deposit:
Total Withdrawal:
1,425,000.00
- 190,000,00
Beginning Balance:
7,829,609.91
Ending Balance:
9,064,609.91
Page: I of I
STATE OF CALIFORNIA
PHILIP ANGELlDES. Treasurer
OFFICE OF THE TREASURER
SACRAMENTO
Local Agency Investment Fund
PO Box 942809
Sacramento, CA 94209-0001
(916) 653-3001
December, 2001 Statement
TIBURON REDEVELOPMENT AGENCV
Ann: TOWN MANAGER
1505 T1BURON BLVD
T1BURON
CA 94920
Account Summary
Total Deposit:
0.00
0.00
Beginning Balance:
Total Withdrawal:
Ending Balance:
Page: I of I
Account Number: 65-21-002
1?")1:-,,",1e''IQeii''1l
lr"!):.'I\."pIb~ U E=!YJ
JAN 9 2002
rOl/iil M,\NAGERS OFFICE
TOW"j OF TmmON
1,262,818,20
1,262,818.20
e",
. '
. 0"
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
SUB.JECT:
FEBRUARY 6, 2002
TOWN COUNCIL MEMBERS
~
AGENDA ITEM
L/
ALEX McINTYRE, TOWN MANAGER
MONTHLY INVESTMENT SUMMARY REPORT -
AS OF THE MONTH ENDED DECEMBER 3 I, 200 I
TOWN OF TIBURON
Institution! Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $9,064,610 3.261% Liquid
Investmcnt Fund
(LAIF)
Total Investcd: $9,064,610
TIBURON REDEVELOPMENT AGENCY
Institution! Agency
Investment
Amount
Interest Rate
Maturity
State of California Local Agency $1,262,818 3.261% Liquid
Investment Fund
(LAIF)
Bank of America Other $0
Total Invested: $1,262,818
Notes to Table Information:
State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for
the month refcrenced above. The State of California generally distributes investmcnt data rcports in the third
week following the month cnded.
Acknowledgment: This summary rcport accurately reflects all pooled investments of the Town ofTiburon and
the Tiburon Redevelopmcnt 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.
Alex McIntyre
cc: Town Trcasurcr
LAIF Performance Report
Page 1 of 2
Philip Angelides, State Treasurer '. L
Inside the State Treasurer's Office ~
Local Agency Investment Fund
LAIF Performance Report
Reporting Date:
Effective Date:
Quarter Yield:
Daily:
Year:
Life:
Quarter Ending 12/31/01
Apportionment Rate'
Earnings Ratio:
Fair Value Factor:
Monthly Average For December:
01/30/02
01/30/02
307%
2,95%
3.87%
177
3.52%
.00009644387381853
1.003787124
3.261%
Pooled Money Investment Account
Portfolio Composition"
$49.7 Billion
12!.l1!U1
Corporate
Bonds
5,05%
Reverses
Loans -0.60% Treasuries
6,01% 10.97%
Commercial
Paper
23.13%
Mortgages
0.02%
. Treasuries
o Mortgeges
l::l Agencies
. CD'siBN's
o Time Deposrts'
o Bankers Acceptances
Agencies
32.42% . Repo
. Commercial Paper
Bankers
Acceptances
0,03%
Time Deposits
10.20%
o Corporate Bonds
,
o Loans
. Reverses
CO's!8N's
http://www.treasurer.ca.gov 1 laif 1 performance. htrn
1./30102
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:- i",-'-" ._~t;1
.,'"
LEN AND RUTH YAFFE
10 GILMARTIN COURT
TIBURON, CALIFORNIA 94920
(415) 789-5168
~C~S 0) 2002
,'"
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r'y, .~\
-"' ,::!'iJ
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February 4, 2002
Mr. Scott Anderson
Tiburon planning Department
1505 Tiburon Boulevard
Tiburon, California 94920
VIA FAX TO (415) 435-2438,
ORIGINAL TO FOLLOW,
Re: Anolik Lot Line Adjustment Application - 280 Roundhill Road
Assessors Parcel Number: 39-171-05 (Portion)
Your File Number: 60005
-....
Dear Scott:
Thank you for providing the recent version of the proposed .66
acre ceRs and other materials submitted by the Anoliks on December
13, 2001 for their requested lot line adjustment. After reviewing
the Anoliks' recent materials, we would like to express our concern regarding
the potential for view blockage.
The landscape palette attached as Exhibit C to the Anoliks'
ceRs still contains a few trees and shrubs which can exceed the maximum
CCR landscaping height limit allowed for a particular envelope or
area. We remain particularly concerned about Olea Europaea Manzanillo, Sambucus
(variety dependent)and Brugmansia Candida. Even though the .66 acre CCR text
sets forth maximum landscape heights, we believe that the CCRs should make
absolutely clear that the maximum landscape height limits expressed in the
CCRs controls over the landscape palette. A further provision added
to the CCRs to this effect will ensure that if any permitted plant
on the landscape palette grew taller than the maximum height
restriction, it would be a CCR violation and enable enforcement by
the Town and the neighbors.
Finally, we would be more comfortable if the height limitation on plants
in the L-shaped parcel at the northeast corner was 10 feet, rather than 25 feet,
due to its higher elevation and location.
Thank you for your assistance and work on this matter.
Sincerely,
~ ~ Q v-t-f~ lja{tr
Len and Ruth Yaffe
." f{ I t lVIAI L#
-
6
-""........;.:.;..-,,;;.
.'
TOWN OF TIBURON
STAFF REpORT )
ITEM NO.
MEETING DATE: 2/6/2002
Date:
Rev. By:
MA YOR AND MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, PLANNING DlRECTOR:;;:j~C/~
p
PARCEL MAP FOR LOT LINE ADJ.USTMENT 280 ROUND HILL ROAD AND
210 GILMARTIN DRIVE; ACCEPT GRANT OF OPEN SPACE EASEMENT;
ENTER INTO AGREEMENT REGARDING BUNCHGRASS MITIGATION
FEES; ALEXANDER & BINY AMINA ANOLIK, OWNERS AND APPLICANTS;
ASSESSOR PARCEL NOS. 39-203-01 AND 39-171-05
JANUARY 29, 2002 ~
ALEX D. MCINTYRE, TOWN MANAGER ~
To:
From:
Subject:
BACKGROUND
The Town is in receipt ofa lot linc adjustment application from Alcxander and Binyamina Anolik
that would add approximately 0,66 acres to their existing residential parcel at 280 Round Hill
Road, The donor property is a 4.66-acre site for which the Town has prcviously approved a
Precise Devclopment Plan and a Tentative Subdivision Map, Both prior approvals envisioned the
lot line adjustment now before the Town Council, and it has been prepared in conformance with
both of the prior approvals. The Tentative Map approval required that the lot linc adjustment be
performed by Parcel Map duc to thc complcxitics of thc approvcd Prccisc Dcvclopmcnt Plan
conditions of approval. The applicant has proceeded to fulfill the required conditions of approval,
and the Parcel Map finalizing the lot line adjustmcnt is now before the Town Council for
approval.
ANALYSIS
Thc Town Engincer and Planning Dcpartmcnt Staff havc rcvicwcd thc parccl map and found it in
conformancc with the approved Prccisc Development Plan, approved Tentative Map, as well as
and state and local subdivision regulations.
In conjunction with the Parcel Map (Exhibit 2), Town Staff will record a "Declaration of
Restrictions" (Exhibit 3)and a "Releasc of Easement" (Exhibit 4) in fulfillment of prior
conditions of approval
'l'ihuron Town COllncil
Staff lIep()/"t
, ]/(il]()()]
-'
"
Also in conjunction with the Parcel Map approval, the Town Council is asked to accept a "Grant
of Open Space Easement" (Exhibit 5) to be recorded under separate instrument, and enter into an
"Agreement Regarding Bunchgrass Mitigation Fees" (Exhibit 6), also to be recorded under
separate instrument. The Grant of Open Space Easement fulfills' a condition of approval on the
tentative map. The Agreement Regarding Bunchgrass Mitigation Fees defers payment of
approximately $21,500 in bunchgrass mitigation fees until such time as the sale of the larger 4.00-
acre property occurs. This sale is expected within a few months of this meeting. All of the
relevant documents have been reviewed and approved as to form by the Town Attorney.
Approval of a parcel map is a ministerial action and is exempt from CEQA.
RECOMMEN DA nON
Staff recommends that the Town Council adopt the Resolution (Exhibit I) approving the Parcel
Map, accepting the Grant of Open Space Easement, and entering into the Agreement Rcgarding
Bunchgrass Mitigation Fees
EXHIBITS
I. Draft Resolution.
2, Parcel Map.
3, Declaration of Restrictions,
4. Release of Easement.
5. Grant of Open Space Easement.
6. Agreement Regarding Bunchgrass Mitigation Fees,
anolik lla rarccl mar Ie rcport.doc
'l'iOU1'O!I Town Council
Stuff Report
2i612002
2
RESOLUTION NO,
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE ADJUSTMENT OF
LOT LINES ON PARCELS OF LAND LOCATED .,.
AT 280 ROUND HILL ROAD AND 2 I 0 GILMARTIN DRIVE AND ALSO
ACCEPTING A GRANT OF OPEN SPACE EASEMENT AND APPROVING AN
AGREEMENT REGARDING BUNCHGRASS MITIGATION FEES
(ANOLlK PD#27) ASSESSOR PARCEL NUMBERS 39-203-01 & 39-171-05
RECIT ALS
A Parcel Map proposing the adjustment oflot lines on two parcels ofland has been
submitted by the property owner, Anolik Family Partnership. The map adjusts the lot
boundaries but does not result in the creation of additional lots.
The submitted map has been examined by the Town Engineer and returned to the Town
Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance,
The Town Engincer and Planning Department StafThave determined that the map is in
substantial conformance. with an approved Precise Development Plan (Resolution No,
3439) and an approved Tentative Map (Resolution No. 2001-04) adopted on September
6, 2000 and February 14, 200 I, respectively, and that all required conditions of approval
have been met. "
A grant of open space easement (by separate instnlmcnt) has becn offcred to the Town in
conjunction with the parcel map.
An Agreement Regarding Bunchgrass Mitigation Fees (by separate instrument) has also
been submitted in conjunction with the parcel map,
APPROV AL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon docs approvc the map entitled "Lot Line Adjustment, Parcel Map, Lands of
Anolik and Lands of Anolik Family Partnership" (3 sheets), prepared by Lawrence P.
Doyle, dated 2/26/01, and does direct that said map be duly recorded with Marin County,
together with a Declaration of Restrictions and a Relcase of Easement prcparcd under
separate instrument.
TifwfOlI TOWIl COllllcit
He,m/ll/inn No.
-]OO?
1/6/2001
I
crn7T""nrrQ'1\It) J
~.jl';'\. rl j1~).',.). J j . '--"~"-'~.
BE IT FURTHER RESOLVED that the Town Council of the Town ofTiburon
hercby accepts the Grant of Open Spacc Eascment (to be recorded under separatc
instrument) and approvcs the Agreement Regarding Bunchgrass Mitigation Fees (to be
recorded under separate instrument) and authorizes the Mayor to execute both
documents.
PASSED AND ADOPTED at a regular meeting ofthc Town Council of the Town
of Tiburon on , 2002 by the following vote:
AYES. COUNCILMEMBERS.
NOES: COUNCILMEMBERS
ABSENT COUNCILMEMBERS:
HARRY MATTHEWS. MAYOR
TOWN OF nBURON
ATTEST.
DIANE CRANE IACOPI, TOWN CLERK
anulik lIa pared map res.doc
Tihllrvtl Town emOleil
Hesollltiofl Nil. _-2002
2/6/JUI!] .
2
AP # 39- I 71-05 (portion)
Recording Requested, Return to:
TOWN OF TffiURON
ATTN SCOTT ANDERSON
1505 TffiURONBOULEVARD
TffiURON, CA 94920
DOCUMENT TITLE
DECLARATION OF RESTRICTlONS
'ii'''n,r,'rr;''l\-r('' ~
J...u.;\..ct.:~,L;".i_;,. },"l .j,_..~....
Recording requested by:
Alexander Anolik
2107 Van Ness A venue, Suite 200
San FraneiscLl, CA 94109
When recorded, mail Ill:
Alexander Anolik
2107 Van Ness Avenue, Suite 200
San Francisco, C1\ 9410')
DECLARATION OF ESTABLISHMENT OF DEED RESTRICTIONS
The intent and purpose 01' this document is to set I()rth certain deed restrictions
running w. ith the land suhject here(Jo hercina.lter the "Property").
~;
This declaratiLln is made . n l'~G 200 I. by
Alexander Anolik and
Sinyarnina Anol ik (hereinattcr "Declarants") on behalf of the Anolik Family Partnership,
a Calil(lrnia Limitcd Partnership,
NOW, THEREFORE, Declarants declare that all of the property described in
Articlc I is hcld and will be held, conveyed, hypothecated, encumbered, leased, rcntcd,
used, occupied, and improved subject to the 1()lIowing restrictiLlns. All restrictions will
run with the land and will be binCling on all parties having or acquiring any right, title or
intcrest in the property described in Article I or any part hereof.
ARTICLE I. PROPERTY SUB.mer TO DECLARATION.
1.1 The Property subject to this Declanition is known as that property incorporated
into 2HO ROllndhill.Road, Tiburon, CA by virtue of a proposed lot line adjustment.
more specifically described in Exhibit "1\" attached hereto and incorporated
herein.
III
I 01'4
DeclaratiLln Llf' Deed Restrictions
ARTICLE 2, RESTRICTIONS
2.1 The Property is approved only for accessory uses and accessory structures
nornlally associated with a single-LUmily dwelling, and shall not be used tor
Illrther subdivision, tor the development of a separate dwelling unit, or lo'r a
secondary dwelling unit.
2.2 Landscaping maximum growth heights and approved structure heights and
elevations shall not exceed the following limitations. The location of cach
envelope referred to below is set forth in the attached Exhibit "B" and
incorporated herein by reference. References to "grade" shall mean the natural
surface of the ground, or the Ilnished ground surface, whichever is lower. The
natural ground surface elevation is depicted in the attached Exhibit "13", herein
incorporated by reference.
2.2.1 All plantings within the BUIlding Envclopc shall not exceed a maxi'Inulll
growth height of 15 feet above grade.
2.2.2 Any approved structures/eliclosed space within the l3uilding Envclope
shall not exceed a height of 15 feet above grade.
2.2.3 Any pool, trellis or retaining wall within the Primary Landscape Envelope
shall not exceed a height of 6 feet abov'e grade.
2.2.4 All plantings within the Primary Landseape Envelope shall not exceed a
maximum growth height of25 feet above grade.
77'
-.-.)
Terraecs, walkways and other "at grade" improvements are permitted
within thc Primary Landscape Envelope.
2.2.6 All plantings within the Secondary Landseape Envelope shall not exceed a
maximum growth height of 10 feet above grade.
201' 4
Declaration of Deed Restrictions
III
III
III
III
.,1
~ '
_.0
I'lantillgs on the properly must be limited to those ClppeClring on the LandseClpe
I\delte ancll'lallt List attached hcreto as Exhibit "C". incorporated herein.
2.4 The restrictions set IDrth hercin may only be amcnded with prior ,Ipproval
01'" the Town 01' Tiburon. All such amendments shall be recorded in the
Countv Recorder's Onice.
2.5 Procedures and Regulations of Town. The procedures and regulations set
/
forth in this Declaration are separate and distinct from any zonll1g,
subdivision, or other procedures and regulations ol'the Town. The Town is
not a party to this Declaration, but has requircd that certain provisions be
included to properly implemcnt speeilic zoning controls and environmental'
mitigations imposed as part of the approval of the project. The Town has
the right (but not the obligation) to enforce certain provisions at Owner's
expense should the Owner's 1:lilto enl(llTe them. Nothing contained within
this Declaration is intended to supersede, except, or ,dter the requirement to
adhere to the ordinances, regulations, procedurcs, and approvals of the
Town.
~ &.-a--l>-~')
Dat20: NU>LlldJcfY',2001
;:a;A~
AU:XANDER ANOLIK, . I
For the Anolik Family I'artnership
By:
3 of 4
Declaration of Deed Restrictions
STATE OF CALIFORNIA )
)
) SS.
)
CO~r On'):~~ Z;'CISCO )
On !>t::':::~(;lvJ ,200 I, before me, the undersigned, a Notary Public in and for
said State, personally appeared ALEXANDER ANOLIK, personally known to me (or
proved to me on the basis of satisfactory evidence) to be the person wbose name is
subscribed to the witbin instrument and acknowlcdgedthat he executed the same, in hls
authorized'capacity.
@~\
Dated: Nuv~",b(f~, 2001
By:
~ ~~i~ I1clzldJ:1?
~~~~cliJ.,-iCJ)\
'a~rL-wJ/( ~-"-7 ~7
BINY AMINA ANOLIK, I
For the Anolik Family Partnersbip
Witness my band and ol1icial seal.
)
)
)
)
COUNTY OF SAN FRANCISCO )
On ~~;.~ 2001, before me, the undersigned, a Notary Public in and k,r
said State, personully appeared BINY AMINA ANOLIK, personally known to me (or
proved to me on tbe basis of satisfilctory evidetice)' to be thc person whose name is
subscribed to the witbin instrument and acknowledged that he exeeuted the sumc. in his
authorized capacity.
SS.
r ~Ii lEON;O-NA"KHODKIN - f
en ~ CommISSion 11248786 c
~ ~~,J) Nctary PUblic. California (j)
~, San FranCISco County :!!
My Comm. E,plfe, Feb. I, 2004
STATE: OF CALIFORNIA
Witness my \Janel and of/lcial seal.
~ fJl/;~d)ffl'
Notary Public
)-----."'.-.' ". ,
@".,..,lEONIONAKHODKIN f
(jj f4pr;t' '<~ Commission It] 248786 - c
(j)!~ . Notary Public' California ~
J' San FrancISCo County -
_ . _ . . ~y .c~~~. ~X~i~e:F:~, ~,~O?4~ (
401'4
Declaration of Deed Restrictions
EXHIBIT "A"
DESCRIPTION
All that certain real property located in the Town of Tiburon, County of Marin, State of
California described as fo llows:
A portion of the property described in the Deed of Trust from The Equinox Group Inc" a
California Corporation, to Alexander Anolik and Binyamina Anolik recorded February
19, 1998 as D.N. 98-009884, said property also shown on that certain Record Map
entitled "Lands ofCahn" filed for record Ju]y 21, ]98] in Book 17 of Surveys at Page 32,
Marin County Records;
Beginning at the westerly'eorner of said property, and the corner common to Lots 10 and
11 as shown upon said map;
1. Thence North 410 16' 35" East (North 420 37' 00" East deed) 118.441 feet;
2. Thence South 47032' 55" East 241.797 feet;
3. Thence South 410 16' 35" West (North 42037' 00" East deed) 121.82 feet;
4. Thence North 46044' 55" West (450 24' 00" West deed) 241.89 feet to the point of
beginning.
Containing an area 01'29,041 Square Feet / 0.667 Acres
Reserving therefrom a 10-foot Drainage Easement the Centerline of which is described as
follows:
Beginning at a point distant North 46044' 55" West 152.882 feet and North 41016' 35"
East 5 feet from the southerly corner of said property as shown upon said record Map;
1. Thence North 460 45' 55" West ]06.74 feet to the eastern boundary ofan existing 10
foot Storm Drain Easement described in the Grant Deed from Wilma R. Pinensky to
John Gariffo and Sandra Gariffo, et. AI. Recorded February 15, 1990 as
D.N. 90-09752, Marin County Records.
EXHIBIT "E"
,
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EXHIBIT "C"
'REVISED 01-02-2002
LANDSCAPE PALETTE
: For the Anolik Residence, 280 Round Hill Drive, Tiburon California
, 'George W, Girvin Associates, Inc
i 1623-B Fifth Avenue, San Rafael CA 94901
: (415) 459-3443 (fax 459-7926)
I !! _ I
[LANDSCAPE ZONES (see exhibit "8") ;
, i -as indicated on the approved Envelope Reduction Plan in the Precise Development Plan
I i on file with the Tiburon Planning Department I
,
,
i : . i' ; 1. Primary Landscape Envelope
i: i -25' maximum growth height
!! 1 i 1-
-:-: ,i 2. Secondary Landscape Envelope & Building Envelope
-i: ; 'i -10' maximum growth height ,
-i-[ i: -15' maximum growth height at Building Envelope ,
=U ,; (there are only 10'_plants2how!'J!'Jbi~_ca~_gory thoug~___.
I I I j ! I I
I j --.-------.------~~_.------
i : i I i 3. Open Space Easement
-~I'ii -only if construction damage occurs -.----
, " -local natives appropriate'tothe-exi~ting g!~sslaricr'---------
_-1..._'_ ,-to be of a simil~Lor le~~..r:..b.~!g!:!..!b~~xistin_g_~LJnch__grasse~_~wildfi~~~_s
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--_._~--,~-_._-------------_._----
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. , ,TRE-ES & shrubsover iO-height-'- -------------...-----.
--r--------------.----..
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, l' ' iCORNUS KOUSA 'MILKY WAY' iKOREAN DOGWOOD
, 1: iFEIJOA SELLOWIANA .------iPINEAPPLE GUAVA
LN :-1; , iHETEROMELES ARBUTjFOTi"l\"--;TOYON, CHRISTMASBERRY
i 1', 1 LAGERSTROEMIA INDICA ,CRAPE MYRTLE .
i 1 ii, i MAGNOLIA GRANDI FLORA 'ST, MARY'S' SOUTHERN MAGNOLIA
_1~~1 1MAGNOLlA SOULANGIANA SPECIES ISAUCER MAGNOLIA
: 1: ' i : [MALUS FLORIBUNDA iFLOWERING CRAB APPLE
I 1 i 2 i : iMELALEUCA INCANA iGRAY HONEY MYRTLE
-:-Ii ,i IMELALEUCA NESOPHILA' iPINK MELALEUCA
-n-: I ' iOLEA EURC?PA_~A ~ANZANILLO' -- iFRUITLESS OLIVE
LN 1..1.:' ,SAMBUCUS __________. ,ELDERBERRY
ii' ! iSHRUBS: ,
i 112'1; 'jABELlA GRANDI FLORA _ iGLOSSY ABEllA
i 1 i 2 I : iABUTILON HYDRIDUM IFLOWERING MAPLE
N i 1 [2 :-1 ,AMELAN6jjERPALLlDA-----. 'PALE SERVICEBERRY
N i 1 i 2:ARCTOSTAPHYLOS (variety ht, perzone)IMANZANITA --
,1,2 I ' . AZA.CEA'ALASKA'----------- .ALASKA AZALEA
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Page 1 of 4
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! SUOCfCElP.:'[)AVIDII ._m ___n.<_~_____ SUTTERFL Y BUSH
, BUXlIS1;U'GRE-EN-EfEALT-rY---JAPA-l'{E'SEBOXWOOD
; CAMELIAJAP-oHICA-u ---.---CArvlELLi.;,;:----...--
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i ESCALLONTA-EXoNT ENSlS-'FRADESiP--ESCACLO f,jIA--
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I GREVI'LLEA NOE-CLIT---.-------:-GR-EVILLEA---n
1 GREWIA OCCIDENtAi:.i"S.------, LAVENDER-ST ARFLOWER
! HOLODISCUS DISCOLO~---,OCEANSPRA Y
IHYDRAi'jGEA OUER'ciF'OLlA---roliKLEAF HYDRANGEA
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1 LEPTO-SPERUiiii--sCOPARIUM-----!NEWZEALAND TEA TREE
I LONICERA INvciLTJCRATA------iwTNBERRy-----
! LU PI N US-'ALB1F.R6NS~-..---------.-----"'---~-[ SfeVER "EfUSH LU P-I NE
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: PAEO-NTA-sLJFFR-U-rICOSi\-------.----:TRE.E-P-EONY----.-------.---
! PHI LADECP-riUSCEWisll--- .------, MOCK OR,ANGE---
! PHOR-rViiuMTENAX ;TOM THUfvfs,'---OWAR{-NEWZEALAND FLAX
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1 RHAMNUSCROCEA-------------r REOS-ERRY-- . - .--.
I RHOOQDENDRoj:'{1-6-ii. -iilgh'types'max 'R-HOOODENDRON-----
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i RIBE-S--SA-NGlJTNTUIVi--------------, pil'iinCOWERING CURRANT
i ROSA-- n. . ... ---------rROSE ,- .. - -.:.---..
jSALVIA-cHvLANOii -----------fcrEvLAND SAGE
i SALVIA LEUC'QPH'hLA--'" .---------jpl]R-PLE SAGE m_
[SPIREA-VANHOUTTEr-..---- ,SPIREA
I STR EufZIA-REGTNAE-- .-------------'SIRO.OF -PARADISE'
i SYMPHORI.CARPOSALBUS------isN-6WBERR-Y.
iTIBCfuCHINA uRviLLEANA.------nmjPRINCE-S-sF'LoWER
j V ACCi"Ni"uMOVATDrVi-----------;'EVERC;REEN-H uc KLEBERRY
,WOODWAR61A-ffMsRfATA.--..----GIANT-CHAIN FERN
Page 2 of 4
1 ,GROUNDCOVERS
~-1~; ,AcHI-cLEA.MIi.:T:EFOLlUi\i1------ COMMCit:i"YARROW---
LN12 ' ! jADIANTUM-jORDANII 1 CALIFORNIA MAIDENHAIR FERN
1 2' I 'AGAPA-i:Yfi=fusAFRici'iNUS [ LILY OF-tHENlLE
LN 1.2 I [ALLIUM bTcRLAIVlyb-EUM iCOASTACciNToN
LN 1 2" !ANAPH-ALlS-MARGARiTACEA-------IPi':-ARLTEVERLi'iSTING
1 2 iANIGOZANTHCYsFLAVIDUS----- [KANGAR60-PAV\iS-
N : 1: 2, I I [ARCTOSTAPHY[O,;--(variety hI. per zone)[MANZANITA:----- -
LN 1 2 I 'ARrv'-ERii\MARltTKTA: ISEA THRijo'f-- ---
j\j-t'j,2 i [ARTEIVlISITpYCNOCEPHALA [COASTAL SAGEWORT
N '1,2. I I iBACCHi'3~ISP1LULARiS'7TwIN PEAKS' I PROSTRATE COYOTE BRUSH
N 1: 21 ! 1 i BOUTELOUA-GRACILlS I EYELASi=fG-RASS-
LN '1 2: 1 iBROMUS-CARINATOS-- [CALIFORNIA B-ROM-E
LN 1! 2; i I ICALAMAG-R-Os-fiS-NUTKAENSIS -,PACIFiC-cOAST REEDGRASS
LN i 1; 2: ! 1 iCALOcFfoRTUS TIBURONENSIS jTIBURO"trMARIPOSA LILY
LN 11; 2,Tj iCAREX TUMULICOLA- [BERkELEY SEDGE
N '1: 2' I i ICEANOTHUS-(varietyht per zone) . JCALlFORNiA'L1LAC"
LNJ.,2 , Is;Hf()Bc5_~A-~Df0(gM~~IDIANU~=j~oAI':-pIA..N.t.__ ~_~_~=~--
, 1: 2; ICORREA 'IVORY BELLS' IAUSTRALlAN FUSCIA
NLN -;'-11 "i 22'[~li I j CYNO-GCclS~SQ~_<:;R!\~gC----i HOU~Q:~T.Q~.9Q.E=_---
, , , '. I IDIC~_N..!_RA.!:()!'~.oSA_ iWESTE~N._B.!:E.!=~~NG.-HEART
LN ,1:2 I I IDICHELOSTEMMACAPITATUM ,BLUE DICKS
LN-f'2Ti IDODECATHE-ON" ISHc56-m'IC;STARS--
LN ,12 : I iO-RVOP-TERTS'ARGUTA-----------ic-OASTi'iLWOOD-FERN-
[N71: 2, : i IQ05L~Y?:_ '___ _.::..=::::.~===i~IY.Ef6~EVER..:~===___=_~~_=_--
-'1:2'1-[- IECHEVARIA IMBRICATA IHEN AND CHICKS
LN 11'2 i , [ELYMUSGLALJCOS-----------iBLUE\rVILD RYE---.--n
LN ,-1i2iTT~--TEPIC6BTui\i1-CANA -.--.-----------rHUMMI.NGBIRD BUSH- -.--------
LN ;1;z'Tr--!ERIGERON GLAUCUS--..------__-rSEASTOEDAISY .---------------
LN . 1,2:;-1 lER'iOG6NUM LATIFOi:luM--------i COAsf BUCKWHEAT------------
LN-:1'2n-: [ERIOPHYLLUM---------jLIZARbTAIL ---..
__._,_, ,__._______m_... .. _._______.__________ .__ _. .--
; 1 i 2; ; i I ERYSIMUM 'BOWLES MAUVE' [BOWLES MAUVE
~'1;2:-;-i [FESTLJCACALI-FbRNlcA------jCADFoRNii'i--FESCUE'-
1.2 i ! IFESTLJCA OViNA'GLALJCA' !BLUEFESCuE------
L:i\J'1'2':Ti l!,-ES!UC;~ F<:0B_RjI'- --~:________I~~gFESCLJE- .:__:=__
LN ,1' 21 , i [FRAGARIA VESCA IWOODLAND STRAWBERRY
__l_:_1 ---_._ -_.__.._.~_. ._-~ - ".-.-.-- ..,--~,~. '-..--. - -------..
LN 11: 2; : i IFRITILLARIA LANCEOLATA ICHECKER LILY
LN 1:2: i [ IGAULTHER-IASHALLON---- ISAlAC--------
LN [1i 2' I [iGILlAcAPItATA--.n-.. !G[OElE-GTLIA-----
LN [J.!1LLI iGRIN~ElIi\~8I~~Qfl!.~~_____JGUMWE~[L_=:::.:---
: 1: 21 ! I HEMEROCALLlS HYBRIDS I EVERGREEN DAYLlL Y
LN ,12, ' i IHEMlzoNIA-cc:iNG'ESTA ' YECCOv'THAYFIELDTARWEED
N : 1; 2: [ 1 IHEUCHERA MICRANTHA IALUM Roof----
I 1.2 [ 1 [IRIS-SE-ARD'Eb-' .n [BLUE-SEARDEO-IRIS
LN '1,2 i I iTRTS-bOUGLASiT---------!OOUGLAS-TRis-.
LN : 1 2 i i ,JUNe-US' _m -----------iR'usR- .. -..---....
LN1;-2::-; IKOELERiA MACRAN.THA---m--..---ipRAIRIE JlJNEGRASS
IN-:1-'2":-;-i---rLASTHENIA"CAL(FORNICA _._-'--"'~~'--:'GOLDFIELDS .-..
---, 12-; I i{~VANt5UL~ AN.<3.UsfIFQ~IA=::"'=--il:IJ:GLLSH LAV~~D_~R---
--, 12' ; , ILAVATERA THURINGIACA 'ROSEA' [TREE MALLOW
=--==1-2-'- , r~r;'-ONIUM PEREZII==--=~.==--;?fATltE:
LN 12- i lITHOFRAGMA AFFINIS ,WOODLAND STAR
.
Page 3 of 4
LN 1 2! iLOTUS PURSHIANUS iDEERBROOM
LN ,1, 2: i MELicA-SP----------------i MELTCC:W~)\SS-----
LN : 1,2 iMIMULUSCARDiNALIS------------;sCARLET-MONKEYFLOWER
LN : 1; 2 i IMIMULUSGUTTANUS-------;-SEEP-SP{"NG MON-KEYFLOWER
LN ! 1 i 2 1 iMONARDELLA VILLOSA :COYOTE MINT
i 1: 2 . , iNARCISSUS-'KING ALFRED' iDAFFODILS------
TI,fT1"; 2. i lNASSELLA PULCHRA . IPURPLE NEEDLE GRASS
LN :.1 i 2,: iNEMOPHlLA-MENZIESII- jBABY BLUE-EYES
LN 11; 2' i 'PHACELlA CALlFORNICA ISCORPION FLOWER
LN ! 1! 2- , i i-PITRIOGRAMA TRIANGULARIS IGOLDENBACK FERN
LN 11 i 2' : i IPOL YPODIUM CALlFORNICUM ICALlFORNIA POL YPODY
LN : 1: 2: I [POA SECUNDA :PINE BLUEGRASS
LN i 1 i 2: i !RANUNCULUS CALlFORNICA ICALlFORNIA BUTTERCUP
N 11 i 2:! IRIBES VIBU-RNIF-OLlUM IEVERGREEN CURRANT
LN : 112' , ' ISATUREJA DOUGLAS II iYERBA BUENA---
LN h"i2'i-'-! ISEDUM SPATHUIFOLlUM [STONECROP
LN ! 1! 2~ i iSIDALCEA MALVAEFLORA ICHECKER BLOOM -
LN : 1 i 2 i [SISYRINCHIUM BELLUM iBLUE-EYED GRASS
. 1 I 2: i !STACHYS BYZANTINIA 'LAMB'S EAR
-[1i 2: i [TRACHELOS-PERMUM JASMINO/DES ISTAR JAS-MiNE--
LN 11' 21 I . ITRITELEIA LAXA------ iITHUR'iEL'S-SPEAR--
INT1i2' ' iWYETHIA------ - iMULE'S-EARS--
-i1:-1 iVINES '.-------- ________.._____n____________u.._.______
__,_._._____________.__._._________________________________m______n_..__
LN I 1,2' ; : iARISTOLOCHIA CALlFORNICA :CALlFORNIA PIPEVINE
: 1; 2: i uiBOUGAlrifili[LEA-SPECTASiCi.s-----iEi-6UGAiNiliLi'EA----
11! 2: [CLEMATISARMAriflSil---------jEVERG-R-EENCLEMATIS
11 121 i I CLEMATIS-iv1oNTANA-----.---mil\N"EMONE CLEMATIS
~[2'1 , I IFICUS PUMILA----------iCREEPINGFIG
i 1; 2' I iHARDENBE-RGIA-COMPt-ONIANA---TTLAC-vT/\IT----
i. 1: 2',' :PARTHENOCISSUS TRICUSPIDATA iBOSTON"iW-'-
-; 1: 2. : i :WIST'ERTASINENSIS---------'CHINEi=;E-WiSTERlA
Page 4 of 4
AP#39-l71-05 (PORTlON)
Recording Requested, Return to:
TOWN OF TlBURON
1505 TIDURON BOULEVARD
TIBURON, CA 94920
A TTN. SCOTT ANDERSON
DOCUMENT TITLE
RELEASE OF EASEMENT
_,,~ ..~\ .~,'\I' 4-
Xl""" '\'\' , . J --.
_ 1\. l1' .----
":r~, ," :.-.. _ -.:.~. .
.L...~.L: ~. .,....,- -'
Recording requested by:
Alexander Anolik
2107 V~l1l Ness Avenue, Suite 200
San Francisco, CA 94109
When recorded, mail to:
Alexander Anolik
2107 Van Ness Avenue, Suite 200
San Francisco, CA ()41 09
RELEASE OF EASEMENT
FOR VALUABLE CONSIDERATION,' receipt of which IS hereby
acknowledged, we Alexander and Binyamina Anolik ("Grantors"), on behalf of the
Anolik Family' Partnership, release and quitclaim to Alexander and Binyamina Anolik. as
individuals, all right, title and interest in the recreational casement recorded on July II,
1996 and re-reeorded on July 17, 1996 as instrument number 96'037249 and 96-038451.
respectively, in the Onieial Marin County Records, situated'in tbe City of Tiburon,
County of Marin, Slate of California.
Executed at San francisco, Cali I(lrnia.
ANOLIK FAMIL Y PARTNERSHIP
Dated: October3~, 2001
By:
ALEXANDER ANOLl
General Partner
III
III
III
III
101'2
RELEASE OF EASEMENT
STATE OF CALIFORNIA )
) SS.
)
COUNTY OF SAN FRANCISCO )
On October _' 2001, bdare me, the undersigned, a Notary Public in and tilt"
said State. personally appcarccl ALEXANDER ANOLIK on bchalf of the Anolik Family
Partnership, personally known to me (or provecl to me on the basis of satisbctory
evidence) to be the person whose nclme is subscribed to the within instrument and
acknowledged that he executeclthe same. in his authorized capacity.
Witness my hand and ofticial seal.
Notary Public
Dated: October~J-' 200 I
By:
ANO.UK FAMILY PARNERS)"II)). .'
~-~ ,L/-rr.k/(?::;/
a0.;!",~~ ~ I~
p~.....a
131NY AMIN' ANOLIK,
Genera] Partner
STArE OF CALIFORNIA )
) SS.
)
COUNTY OF SAN FRANCISCO )
On Octobcr ~ j , 200 L bdi)re me. tbe undcrsigned, a Notary Publie in and 1'01'
said State, personally appeared I3INY A!vIINA ANOLIK, on behalf of the Anolik Family
Partnership, personally known to me (or proved to me on the basis of satislCletory
cvidenee) to be the person whosc name is subscribcd to the within instrument and
acknowledg~d that hc exeeuted the same, in his authori7..ed capacity,
~---n071I;M; c:/ ft;11. - k fI:
a~e: ~~'--:;C " \
. Witness my hand and . cial seal. _ Q.~ ~ ~af
, Notary Pub lC
r .. " " " "LEONID NAKHODKIN f
;;;@""commiSSionIl248786C
U') . . Notcry PuOlic . Call1Cfnlo ~
:;). San Francisco County -
J. ~ _ r ~y .c~~~' ~t~i~~ F:r:. ~, ~oo.. t
201'2
RELEASE OF EASE:f'vll:NT
AP #39-171-05 (PORTION)
Recording Requested, Return to:
TOWN OF TlBURON
1505 TlBURON BOULEVARD
TlBURON, CA 94920
ATTN: SCOTT ANDERSON
DOCUMENT TITLE
GRANT OF OPEN SPACE EASEMENT
','V;Ii":':'j'\("' S
~~_ ... ~_ ...... ,1,_ ~ _ _J~! ....,) . ___.__",.,,_
FILING REQUESTED BY:
Alexander Anolik, Esq.
2JU7 Vall Ness i\VClllll;, Suite'20D
San Fr;mcisco, California <)4!09
AND WHEN FILED RETURN TO:
Alex3nckr Anolik. Esq.
2107 V:m Ness Avenue, Suite 20n
Sail rrancisco, California 94109
GRANT OF OPEN SPACE EASEMENT
This GRANT OF OPEN SPACE EASEMENT ("I'aSe1l1elll") is Illadc this~~day 01" July. 2001. by Alexander
amI Blllyamina Anolik on l)i..~halr of lhe Anolik Family Partnership, a Calilornia Limited Partnership ("Gralllor").
RECITALS
A. Gran[or OWllS certain real property sltu<1!CU in the County or Marin, State of California, more particularly
described ill attached Exhibit "A" ("Property").
See Attachment" A".
8. Gr:lll1or desires 10 grant to the Town or Tiburon ("Grantee"'), an open space caSClIIClll Oil, upon. over,
across and \lIllleI' 111;\[ ponion o(1he Property described in Illl.: .1rt;]cbcd Exllibi\ "B". Said OpL'!l Space
Easefl1ent is also shown 011 Exhibit "e" altachcd I'or grapl1ic:li illfo!'lllaliol1 purposes only.
C. The purpose 01" tile Open Space Easement is to preserve tile area in its natural. scenic and open space
conditio]} due to the presence llf fragile serpentine and nativc bUllchgrasses and for [he prescrv;ltioll of [he
open space character or tile area.
NOW, TH ER EFORE, Grantor hereby grants to Grantcc a permanent open space easemenl over all that prop!.,;rty
described in attnchcu Exhibits" B" and "C", sllbject to the following conditions alld restrictions:
I. Use Restrictions. All use or the Open Sp<lce Easl,;lllent shall be compatible with the pn.::servalion of tile
Opl,;1l Space Easement in its natural, scenic and open spacl: cOlldilioll. No use of the Open Space
E:lsement shall be made that would impair or interfere with the natural, scenic, open space and other
ellvironmental values of the Open Space Easement.
No buildings, SlrtlCtureS, or other improvements shall be constructed Oil, no n<.llUral resources shall he
extracted from, aflll no activities shall bt.; conducted ill, the Opl::ll Space Easement Ihat would alter.
dilllinish, damagc, or dcstroy any physical or sCl:nic characteristic of the Open Space Easement. No
planti'ng or trees or other vegetation is permitted. No cutting of vegetation is permitted without prior
approval of all encroachment permit by the Town of Tiburon, except th(; clltting hack of grasses or other
vegetation as may he required by the Fire District. Said firc.prevelltivc clItting sl1all no! occur prior to
JlIl\e 15 of any year, and shall be done in such manner that the rOllt systems of the dormant grassL.:s arc
110t damaged.
There shall he no' dumping ur acculllublion oj' trash. gn::cll waSlC, g;lrhage or otl1er ofrensive Ill:ltcri;1! in
the Open Spacc Eascmcnt. The Open Space Easemenr area is !lot intended lO be disturbed and will he
required to be enclosed with temporary protective fcncing prior to any construction.
2. No Puhlic ACCl:ss. TlIe granting of this EasemenL and its accr.:ptancc by Grantee does noi lluLhorizl: and is
noL to he construed as authorizing mcmbers of the public to enter upon or to use till': Open Space
EaSelllC1It in any l1li.lIlna whatsocver without tlw consent of the owners o~. tbl: Properly. This provision
shall not prevellL Grantor, or his SllCCr.:SSors or assigns, at any time in thc future, from dedicating or
granting public access over Llie Open Spacl.:: Easement. .
3. Access by Grantee. The 'Gramcc, its sllccessors or assigns, shall have the right. from time to Lime, during
busini.:ss hOllrs on husiness days alll! i.lfla giving reasonahle prior written nOliCL~ LO the OWllers of the
Propl.:ny, to enter the Open Space Easement and to inspect the Open Space Easement for the purpose of
uett:rlllining compliance with the terms and l:onditiolls or this Grant of Eascment.
4. . Non-liability. The Grantee, it~ successors or :15signs. shall have no responsibility or liability of any kind
whatsoever in cOl1n(.'l:tiol1 with rl1~ use or mainlelwnce of the Open Space Easement or any parr thl:rctJf
All responsibility and liability for lhe Open Space shall rcmain with Gr;\I110r and its succt.:ssurs' ill
ilHt.:resr. EXC~pl in the event of injury or death of any person utilizing the easeIIlent for which injury or
death liability is sought to be ill1post.:d 'on t.:ilher parlY hereto, Grantor shall not be liablt; for the
consequences of acts or (Jrnissiolls \vhicl1 are directly attributable \0 Grantee or ils officers. agellts.
t.:mployt.:es or contractors.
5. Enforl:l'abk Restrictions. This East.:l11elll and each aud t.:vl'ry term, condition and restriction is illlendcd
for thl: bl:llefit of the puhlic and COllslitulCs an l'llfon.:cablc restriction pursuant to the provisions of
Section 8 of Artie1e XIII of the California ConsLitlllion. This Easement shall bind Grantor and his
'sUcl:CSSOr5 or assigus and is intelHkd LO run with the land.
. G. Unenforceable Restriction. If any provision of this EasclllL:nt or the covenilllts and restrictions cOlllained
herein shall be held [0 be unenforceable by a coun of competent jurisdiction, this instrumellt shall be
construed as if stich provision had 'not been included herein. If any provision Ill:reof is Jmbiguous or shall
b~ ~ub.iec\ 10 two or more interpretations, OI'lC or more or which would render ~lIch provision invalid or
inconsistent with the OpCII space purposes of this Easement. then stH.:h provision shall he given the
intaprelalion that would render it valid ami would he C01l5istcIH wilh the open space purposes of this
easelllClll.
7. Exhihits. This E;\semelll includes tilt; following Exhibits that arc attacheu hereto and incorporated herein
by reference:
Exhihit A:
ExhibiL 8:
Exhibit C:
Ll'gal Descriplion or the Property
Legal Description of the Easement
Diagram of the Easement
IN WITNESS WHEREOF, Grantor h;IS cxccute~ this instrument the day and year first written above.
Gralltor:
Anolik Family P:lrtncrship, a C:llifornia Limited Partnership
/
By:
III
1//
/1/
2
STATE OF CALIFORNIA )
) SS"
)
COUNTY OF SAN F"RANCISCO )
On July,.tt[. 200 I. bd,"'e me. the undersigned. a Notllry Public in and for said State.
personally appeared ALEXANDER ANOLIK., personally known t(~~or proved 10 mt un the
basIs 01 salls!cletorv eVidence) to be the person whose namc IS subscl'lbed to the Within
instrument and acknowledged that he executed thi: same. in his authori;ed capacity.
Ie<?:VQ},y Jak.t1clk1
Notary Public
Witness my hand and ol"licial seal.
!xr::;;::>:!:;1i :7~
lly:
_~~ 7-L~
llinyall1ina I\noli1
STATE OF CALIFORNIA )
)
)
COUNTY OF SAN FRANCISCO )
SS.
l' " LEONID NAKHODKIN t
_@ ~_.t Comrnission .1248786, ~
g5 ~$~iJS. ~Jotary Public' ColllornlC (/)
=> :~,;.. San Fro. nCl'~CO County 1
1_ . ~". ~y .C:~r:: :X~I[.~S_~:D..~, :O~4.
On Julv :J.. '-<-. 2001, bcl,)re me, the undcrsi~ned, a Notarv Public in and I,)r said Statt,
personally apl;ellred I3INYAMINA ANOI..IK. jlers~nally known ~to \E~ (or provtd I,) me on the
b<.lsis (d'- satisl':Jctnry cvidcllc~) to bl.:; IhL' person \vIH)sC nanH: is suhscribed to tll.: \vithin
instrument and aeknowledlCed that he executed the same, in his authorized capaeitv,
Witness my hand and ollicial seal. i~a.L&J& (ltJ
Notary I'ublic
Granlt:t::
Harry S. Matthews, Mayor
Town 01 Tiburon
f@". LEONID NAKHODKIN
~ I ~/ ". Comrnis.sion .1248786
:=l .~, Notary PUDIIC . California
~ San Francisco County
My Camm. Expir€s F~o, f, 200../
t
c
CIl
UJ
Approved as 10 Forlll:
Ann R. Danforth
Altorney for Town or TiburllH
(::\IIIIII().I(lliI')\IIII~.\.VIST,\ (:(J!.J)I,N (;,\.,-" I:STXI'I:S\U70~(II. "I"'" 'I';'~" ca.'"'HCm ,1:111( ""11\,.1,,,
3
EXHIBIT "A"
DESCRIPTION
All that certain real property located in the Town ofTiburon, County of Marin, State of
California described as follows:
Parcel One:
Lot 8 as shown upon that certain map entitled "Map ofSmithridge Estates" filed for
record December 19, 1963 in Volume 12 of Maps, at Page 49 Marin County Records.
Parcel Two:
Parcel "C" as shown upon that certain map entitled" Parcel Map Lands of Flanagan in
the City ofTiburon, Marin County California", filed for record September 18, 1972 in
Volume 7 of Parcel Maps at Page 78, Marin County Records.
Parcel Three:
A portion of the property described in the Deed of Trust from the Equinox Group Inc., a
California Corporation, to Alexander Anolik and Binyamina Anolik recorded February
19, 1998 as D.N. 98-009884, said property also shown on that certain map entitled
"Lands of Cahn" filed for record July 21, 1981 in Book 17 of Surveys at Page 32, Marin
County Records;
Beginning at the westerly comer of said property, and the comer eOl11l11on to Lots 10 and
II as shown on said map;
I. Thence North 41016' 32" East (North 42037' 00" East deed) 118.44 feet;
2. Thence South 47032' 55" East 241.80 feet;
3. Thence South 410 16' 35" West (North 420 37' 00" East deed) 121.82 feet;
4, Thence North 46044' 55" West (North 450 24' 00" West) 241.89 feet to the point of
beginning.
EXHIBIT "B"
OPEN SPACE AND CONSERVATION EASEMENT
All that certain real property located in the Town of Tiburon, County of Marin, State of
California described as fo !lows:
A portion of the property described in the Deed of Trust from the Equinox Group Inc" a
California Corporation, to Alexander Anolik and Binyamina Anolik Recorded February
19, 1998 as D.N. 98-009884, said property also shown on that certain map entitled
"Lands ~f Cahn" filed for record July 21, 1981 in Book 17 of Surveys at Page 32, Marin
County Records;
Beginning at a point on the Southwesterly boundary line, that bears
South 460 44' 55" East 137.00 feet from the Southeast comer of Lot 10 as shown upon
that certain Map entitled "Map ofSmithridge Estates in the County of Marin, Calif" filed
for record December 19,1963 in Volume 12 of Maps, at Page 49, Marin County Records;
1. Thence Icaving said Southwesterly boundary North 260 29' 27" East 125.16 feet;
2. Thence South 47032' 55" East 136.797 feet;
3. Thence South 410 16' 35" Wcst (North 420 37' 00" East deed) 121.82 feet;
4. Thcnce along said Southwesterly boundary line North 46044' 55" West (North 450
24' 00" West) [04.89 feet to the point of beginning.
LANDS OF SWEET
Q,N, 63-33662
LOT 29
LANDS OF ANOLIK.
Q,N, 96-09664
17 0.5. 32
LANDS OF NOWELL
D.N. 96-33041
27 0.5. 39
LANDS OF CHASE
LOT 26
11 R,M. 37
S33'24'OB"W
;-.
Ol
;-.1':
OlIO
i'''J
.~
:;;:
N
,fLJ,
10
10'
N
"J
r...o
va
(fl'
10
o
~
, ,
,
EXHIBIT "e"
1\
N
<Xl
~ LANDS OF MAHABIR
10 D.N, 94-31627
LOT 13
I l'"
N41 i 6'35"E
121.82'
.,
OPEN SPACE
EASEMENT
;....
,...
.,f
m
m"J
<Xl
.,f
o
~
"2.7"'tl....:.-
526"29.:;;.-;-
_ "':05,\6
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in
10
.......
OV
0"
, 10
i'v
"J(fl
~
N41'16'35"E
11 B.441 ,
_I I
LOT 6
LANDS OF THE
ANOLIK FAMILY
PARTNERSHIP
PARCEL .C"
O,N, 96-66624
7 P.M. 78
LANDS OF ERB
D,N, 65-53992
LOT 12
o
<(
o
0:::
--.l
--.l
-,
:C'
o
Z
~
o
0:::
POINT OF BEGINNING
LANDS OF SMARIT
D.N, 90-11993
LOT 11
12 R.M. 49
LANDS OF BRONTE
D.N. 96.,.33475
LOT 10
EXHIBIT
OPEN SPACE EASEMENT
llBURON lofARIII COUNTY CALJFCIlNJA
FiCAt.E:1- - SQ" ORA" En": A.a.
Ill'''' 5/22/01 LAWRENCE P. DOYLE lHET 1 OF ,
LAND SURVEYOR/CIVIL ENGINEER
P,O, 60X 1609 MILL VALLEY CA 94942 415-388-9585
ORAtING NO.
749B-01
AP #39-171-05 (portion)
Recording Requested, Rcturn to:
TOWN OF TlBURON
1505 TlBURON BOULEVARD
TIBURON, CA 94920
A TTN SCOTT ANDERSON
DOCUMENT TITLE
AGREEMENT REGARDING
BUNCHGRASS MITIGATION FEE
r~~;(F.TC}3TI~
" "-
. {
'~'_.- -
Recording requested by:
Scott Anderson, Planning Director
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
When recorded, mail to:
Scott Anderson, Planning Director
Town of Tiburon
1505 Tiburon Blvd
Tiburon, CA 94920
THIS AGREEMENT (hcrcinafter "Agreement") is made and entered into
on this 'day of Deccmber 200 I betwcen Alexander and Binyamina Anolik
(referred to hcrein as "Owners"), ,the owners of real property located at 200/210
Gilmartin Drive, Tiburon, California (hcrcinafter, the "Property") and the Town of
'fiburon (hcrcinatlcr the 'Town").'
In consideration of the promises and agreements containcd hcrcin" and lor
other good and valuable consideration, thc rcceipt and sufticiency of which is
acknowledged, Owners and the Town agree as follows:
I. Payment by Owners of Bunchgrass Mitigation Fcc - Owners agree
to,pay trom cscrow upon the sale of the Property, a lcgal dcscription of which is
attached hcrcto as Exhibit "A", $21,512.00 representing payment due for the
Bunchgrass Mitigation fee imposed as a condition preccdent to approval of a lot-
linc adjustment to the bene lit of the Owners and approval of the linal parcel map,
2, Waiver of Payment of Bunchgrass Mitigation Fec as Precondition to
Approval of Lot Line Adjustment and Recordation of final Parccl Map - The
lof3
LIEN FOR PA YMENTOF BIJNCHGRASS MITIGATION FEE
USSl
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o
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Town agrees to waIve pre-payment of the Bunchgrass Mitigation Fee in the
amount of $21 ,512.00 as a precondition to the approval of the Owners' desired lot-
line adjustment and recordation of the final parcel map.
3. Creation of Lien - In the event that the Owners fail to pay the
$21,512.00 on close of escrow, said amount shall bccome a lien against the
property described in Exhibit A, which is attached hereto and incorporatcd herein
by reference. This lien shall include the principal amount of $21 ,512.00 plus any
other sums cxpended by the Town to collect this debt including, without
limitation, allomeys fees and costs of suit.
4. Warranty of Signatory - The undersigned hereby represent and
covenant that he/she/they are authorized to exc~L1te this Agreement.
IN WITNESS WHEREOF, the undersigncd have executed this Agreement on the
dates indicated below:
Dated: Deeemb~, 200 I
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN FRANCISCO )
On December 2{ ,2001, beforc me, tl~e undersigned, a Nl)tary Public in ~Ior
said State, personally appeared ALEXANDER ANOLIK, personally known to~(or
proved to me on the basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument and acknowledged that she executed the same.
Witness my hand and official seal. / I t:! /J /It
~~)e{.Lc !vQE&i(fjUfrb
Notary Public
Dated: December~, 2001
f:" Aoo':k
~
STATE OF CALIFORNIA
)
)
SS.
20f3
LIEN FOR PA YMENT OF BUNCHGRASS MITIGATION FEE
TOWN OF TIBURON
STAFF REpORT
ITEM NO. ~
MEETING DATE: 2/6/2002
To:
From:
Subject:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR y~--_/
600 NED'S WAY: REQUEST TO HOUSING AUTHORITY OF THE COUNTY'
OF MARIN TO MODIFY A DEED RESTRICTION ON A TOWN-OWNED TWO
ACRE PARCEL; ASSESSOR PARCEL NO. 58-151-27
JANUARY 29, 2002 ~
ALEX D. MCINTYRE, TOWN MANAGER ~
Date:
Rev. By:
BACKGROUND
In 1976, the Town of Tiburon acquired a 2.0-acre property located on Ned's Way from the
Housing Authority of the County of Marin. At the time of the acquisition, the Housing Authority
placed a deed restriction and reversionary clause on the property, limiting it to public uses. Town
Staff is recommending that the Council request that this deed restriction be modified to allow
affordable housing use,
The Town is currently considering this site for inclusion in the Housing Element as an "affordable
housing opportunity site". It is probably the last undeveloped parcel ofland under Town
ownership that is considered suitable for housing development. The parcel is also located within
the project boundary of the Tiburon Redevelopment Agency, making it even more attractive from
an affordable housing standpoint. In order to pursue such a project, the deed restriction must be
modified or removed by the Housing Authority.
ANALYSIS
The subject parcel is located directly upslope from the Chandlers Gate senior housing project
currently nearing completion of construction. Refer to Exhibit I, The deed restriction and
reversionary clause are attached as Exhibit 2,
Staff recommends that the Town Council request that the Housing Authority agrees to a
modification to the deed restriction such that "residential projects containing at least 50%
affordable units" would be added to the list of uses allowed by the deed restriction
TihUI'OJl 7'OWII Council
Staff Report
2/6/2002
RECOMMENDA nON
Staff recommends that the Town Council adopt the Resolution (Exhibit 3)
EXHIBITS
), Location Map.
2. Draft Resolution.
600 ncds way Ie rcport.dol,;
1'ihunm Town Council
Staff Report
:/6/2002
2
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1534 Fifth Avenue
San Rafael, CA 94S01
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Code Area 11-008
AP 58-151-27
SPACE ABOVE THIS LINE FOR RECOROER'S USE
GRANT DEED Application No. 107061 EJC
(CORPOR^T10N)
lIOUSING AUTlIORITY OF THE COUNTY OF MARIN. a public body corporate and
po Ii tic of the State of California
. corpurluion orguniz~ undcr tI,C laws of wc St:HC 01
California
does bCTChy Grtln' to
THE CITY OF TIBlJI{ON, a municipal corporation
all (Ilal real pl'(Il'crty silUalcd ill thc
City of Tiburon
COUlllY of Marin
Parcel "ell as shown
Hap Book 16 at paee
Slatc of Califurnia, ,k_~Cljhrd as fullows:
on the Hap of Hilarita, filed May 24, 1974 in
.1, Marin County Records.
This Deed is made and accepted on the condition thattlle lands
Jlereby conveyed be llGed solely for public uses, incl\lding, but not
limited to, park, open space:, recreation and related uses, but
excluding corporation yard uses, and that 'I;he Gran tee, its sllccessors
or as:.;:i.gns shall forever I1se the wi tllin land solely for sHch purposes.
In the event that the within pl'operty is not used solely and
perpetually- for such public useS as herein stated, then said pr'operty
shilll fOI'thwith revert to the Grantor, lIousine; Authority oftha
Cowlty of t1arin, the MLlrin County Community Development Commission,
their successors and assignG, and Grantee, its successors and assigns,
shall forfeit all rights there-toa
tn lfil~I'SS wher..of. ..."jd cOfp'olafion l1a:'i <::auscd ils COII'"WIl': llarnc an,1 .....a! 10 he alfi1.cd herCIO ;,,"llhi~ if1~lTu'
ml':f1f to be e1.ecutcd !ly ilS duly aUfho!izcd officers.
Datcd: February 12, 1976
HOUSING AUTHORITY OF THE COUNTY OF
H'ARIrr--
::~~-
STATE OF CALIFORNIA }
. ) !/<_.It./'l.......- H.
COO"""~ "1- .J,'~---J-- .
On _..d-\.L ~<-1_~...:....-_!-!:L~!_C.,_ /,,./,,,,. ...... fl.,. ""J'."iI;9.d,~~':-'Y ;:..":''' in ''''''.'''', H.id .
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MARIN TITLE
1300 fOURTH SlUff. , O.
GUARANTY COMPANY I
BOX 669. SAN UfAH. C...lIfO.NI.... 9~~~.,nn.4 or:
e""._'-H;" ,.~~l~80 I)
1!oXEIBIT NO, ()(..
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON REQUESTING THAT THE HOUSING AUTHORITY
OF THE COUNTY OF MARIN MODIFY A DEED RESTRICTION ON A 2-ACRE
PROPERTY AT 600 NED'S WAY IN THE TOWN OF T1BURON (APN 58-151-27) FOR
AFFORDABLE HOUSING PURPOSES
WHEREAS, the Town Council of the Town of Tiburon does resolve as follows:
Section I,
Findings,
A. The Town of Tiburon purchased a 2.0-acre parcel from the Housing Authority of the
County of Marin (Housing Authority) in 1976. The Grant Deed (Exhibit "A" hereto)
contains certain use restrictions placed upon the title by the Housing Authority. These
restrictions limit the uses allowed to public uses (excluding corporation yard use) and
contain a reversionary clause to enforce the restrictions..
B. The Town of Tiburon is considering the designation of this parcel as an "affordable
housing opportunity site" in its General Plan Housing Element. In order for an affordable
housing project to be feasible on this parcel, the deed restriction would need to be
modified or removed,
C The Town ofTiburon believes that modification of the dced restriction to facilitate
construction of an affordable housing project would further the goals and objectives of
both agencies and be of public benefit.
Section 2.
Request for Modification of Deed Restriction.
NOW, THEREFORE, BE IT RESOLVED that the Town Council ofthc Town of
Tiburon hereby requests that the I-lousing Authority of the County of Marin modifY the deed
restriction such that "residential projects containing at least 50% atfordablc units" would be
added to the list of uses allowed by the dced restriction.
BE IT FURTHER RESOLVED that the Town Council will absorb all costs of
preparation and recordation of the modificd dced rcstriction.
PASSED AND ADOPTED at a rcgular meeting ofthc Town Council of the Town
ofTiburon, State of California, held this _th day of ,2002, by the following vote:
AYES
COUNCILMEMBERS
TiburoJl TOWIl COUllcil
Ueso/uliOf1 lv'o.
2/6/]00]
EXHIBIT NO. 3
NOES:
ABSENT:
ATTEST:
COUNCILMEMBERS
COUNCILMEMBERS
HARRY S MATTHEWS, MAYOR
TOWN OF T1BURON
DIANE CRANE lACOPI, TOWN CLERK
(iOn nr.:L1s \vay tt.:n;si),doe
Tihllron Town Council
Ueso/lIliOll No.
2/6/2002
2
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_oRlConlpu1ed on full value less liens .1nd
~nlurnbrilnces remaining at time ot ~le.
I.A27
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Office of the
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1534 Fifth Avenue
San Rafael,' CA 94901
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SPACE ABOVE THIS LINE FOR RECORDER'S USE
Application No. 107061 EJC
Code Area 11-008
AP 58-151-27
GRANT DEED
(CORPORATION)
OF THE COUNTY OF MARIN, a public body
poli tic of the State of California
corpora te and
HOUSING AUTHORITY
. corporation organized under the law~ of r.h~ State of California
docs hCTCby GrlJ"t to
THE CITY OF TIBURON, a municipal corporation
all that real plOp~r(y situated in the
Ci ty of Tiburon
County of Marin
Parcel lie" as shown
Map Book 16 at page
Slate of California, described as (allows;
on the Map of Hilari ta, filed May 21+, 1974 in
1, Marin County Records.
This Deed is made and accepted on the condition that the lands
hereby conveyed be used solely foJ:' public uses, inclurling, but not
limited to, pa.rk, open space, recreation and related uses, but
excluding corporation yard uses, and that the Grantee, its successors
or as~.;igns shall forever use the within land solely for such purposes.
In the event that the wi thin property is not used 50,le1y and
perpetually for such public uses as herein stated, then said property
shall forthwith revert to the Grantor, Housing Authori ty of the
County of Marin, the Marin County Commnnity Development Commission,
their successors and assigns, and Grantee, its successors and assigns,
shall forfeit all rights thereto.
In W;tn....ss Wbn...of. s:liJ corpomtioo has caused its corporate flanle an,1 .seal to he aHi1ed hereto and this instru-
ment to be esecuted by iu duly aurhorized officets.
O:w.'::d: February 12, 1976
HOUSING AUTHORITY OF THE COUNTY OF
. MARIN--
::~~
ST A TF. OF C^ UFORNIA J }'
1~.p__~~'_ ...
Co....ty of - _L::....__&..
0.. ~~L --:-0~~7..-~. 10"/0'''' mC'. rh.. .."J,,"i,o;X". oy!:....y/!i,Mic in an"i",', <Q;; ,
Co..n'y of"j ,>/alf'. ,..,..onally .",....,,,.1 I-.;.JA'- '- /L--(;.-.......... "'--"--- ~ <.<.1:.u.
I 4 ____/)--:-----::J~
...O~ ,. 7 ,. h. ,h. __e..~'~<"h~-=-__'_'i'==~:;"...-";J:[?, '--"-~f_d'd-,~_!)""::'-c ~-,::;c~
............... I ~~~~_._-. ~:..'-"""'.~~:::;::?>>:_~-of ,,,.. "".p".at"'," ,hat .....<.u,..J 110.' "",I1,i/;".<I,,,....,...I. and .1,..".."., 10
M'{.~.'--_ ~...._~. ",An ~~ll''t...'~1'fr~r.HtH' "' '1'",,,,,1 (H' 10,,10..1/ "/tb..'co.p"",t.on 11>..., In """,,.d.,,,"J "rft""w/,.JC..J to m"
,h. '~~t;f M.,,@M!j:J;,J'h.. "~'. -- I-I (I , I Q 1..<.. . /'
. !-~'\~ NOTARY PUBLlC.CALlfCRNIA T,"__(<u_ d t. .t.- '-.' '-..-y
(SF ":~.,,:;; IN g, FOR THl CQUNT'I' Of MARIN Ho14f'y P"bli~
~ .~~ CO:,\i\l\$SIOti O..PIRlS fUJR~:~~~
MAIL )\.~.:.:;,~-~-----------
H"'T(M(Nr~ TO,
m
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MARIN TITLE
GUARANTY
COMPANY
O.llfOINIA.. ~~~,?nn.4
t",,,,'_vv'f
I
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10lt 669, SAN IAFAH.
r:,cr580
1300 fOUIIH SU€€T. , 0
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 2/6/2002
:(
To:
From:
Subject:
MAYOR & MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR~-'--
BLACKIE'S GROVE: PROPOSAL BY TffiURON PENINSULA FOUNDATION
TO INSTALL TREES AND OTHER LANDSCAPING IMPROVEMENTS IN
THE BLACKIE'S PASTURE PORTION OF RICHARDSON BAY LINEAL PARK
JANUARY 28, 2002
ALEX D. MCINTYRE, TOWN MANAGER
Date:
Rev, By:
BACKGROUND
At its meeting of January 16, 2002, the Town Council endorsed certain improvements proposed
by the Tiburon Peninsula Foundation in the Blackie's Pasture portion of the Richardson Bay
Lineal Park. The proposed improvements are commonly called "Blackie's Grove". At that
meeting, Staff indicated that it would return with a resolution memorializing the Town Council's
action. Staff has found that implementation of such projects is made easier by adoption of a
formal resolution, rather than a reliance on meeting minutes.
A draft resolution has been prepared and is attached as Exhibit 1.
RECOMMENDATION
Staff recommends that the Town Council adopt the draft resolution memorializing its earlier
. action.
EXHIBITS
A. Draft Resolution,
Iposc/blackics grove tcrcport3.doc
TlBURON TOWN COUNCIL
STAFF RePORT
21612002
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TJBURON APPROVING IMPROVEMENTS IN THE BLACKIE'S
PASTURE PORTION OF THE RICHARDSON BAY LINEAL PARK
"BLACKIE'S GROVE"
WHEREAS, the Town Council of the Town ofTiburon does resolve as follows
Section I,
Findings,
A. The Town of Tiburon has received and considered an application filed by the Tiburon
Peninsula Foundation (TPF) to install improvements in the Blackie's Pasture portion of
the Town's Richardson Bay Lineal Park. The project is commonly known as "Blackie's
Grove" .
B. The application, contained within File POSC #2000-06, proposes thc following
improvements:
I. Planting ofa cluster of approximately seven new trccs opposite Blackie's Pasture
Road from the pavcd parking lot in Blackie's Pasture Park Thc clustcr of new trees
would consist of species projected to grow to a maximum of 15 to 20 feet. This
cluster would be complemented by two wooden benches and a decomposed granitc
pathway leading to the benches.
2. Minor surface grading (to smooth out uneven topography) in the vicinity of a second
existing cluster of red flowering gum trces and a large cottonwood tree located west
of Shapero Bridge. The grading would be complemented by thrce woodcn benches
and a decomposed granite pathway leading to the benches. Thc largc-canopied
broad leaf deciduous tree (cottonwood) locatcd in thc existing cluster would be
prcscrved. Other cxisting (smaller) trees in this cluster would be trimmed.
3. The existing large earthen berm alongside Brunini Way would bc gradcd'down in size
and height, and the excess material spread in the open arca immediately west of the
berm in between the tree clusters, This area would then be hydro seeded with native
grasses and wildflowers.
C. Materials depicting the approved project are as follows
I. Sketch Plan, Blackic's Pasture, prepared by Ralph J. Alexander & Associatcs,
dated 8/30/200 I (I shcet) , scale I" = 30', as reviscd by this Resolution,
2, Blackie's Grove Tree Palette dated 1117/2001,
Tihuron Town COllllcil
Uesv/ulioll No.
2/1)1]()()]
EXHIBIT No.L
D. Thc Town Council finds that the project is categorically exempt from the California
Environmental Quality Act per Section 15304 (Minor Altcrations to Land).
E. The Town Council finds that the Parks & Open Spacc Commission held duly noticed
public meetings on September 11,2001, Octobcr 29,2001 (field trip), and Novcmber 13,
200 I at which it heard and considcred testimony from intcrested persons, The Parks &
Open Spacc Commission duly forwarded its recommcndations to the Town Council for
consideration,
F. The Town Council held a duly noticed public meeting on January 16, 2002 at which it
heard and considcred testimony from intcrcstcd pcrsons, and considered the
recommendations ofthc Parks & Open Space Commission.
Section 2.
Project Approval.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Town Council hereby
approves the "Blackie's Grovc" improvements, subject to the Jollowing conditions:
r
I. Improvemcnts shall be substantially as described abovc and as shown on the drawing
labeled "Exhibit A", on file with the Town ofTiburon Planning Department, Filc POSC
#2000-06. No new trees shall be planted in thc bayward grove and thc cottonwood tree
shall not be rcmovcd.
2. BCDC approval shall be required prior to any work commencing within thc 100 loot
shoreline band.
3. An encroachmcnt permit shall be obtained from the Tiburon Town Engineer prior to any
work on Town-owned land,
4. Work shall be coordinated to the cxtent feasible with the Richardson Bay Sanitary District
such that proposed improvcmcnts by RBSD shall be incorporatcd into the site work.
5, All cxpenditures for trees shall be tabulated and reccipts forwarded to the.Statc of
California Department of Forestry.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
ofTiburon, 'State of California, held this _th day of ,2002, by the following vote:
AYES:
COUNCILMEMBERS
NOES:
COUNClLMEMBERS:
ABSENT:
COUNCILMEMBERS
Tihurrm Town ('OIlIIei!
ReSO!lIfiof/ No,
2/1i/2002
2
ATTEST:
DIANE CRANE 'ACOPI, TOWN CLERK
HARRY S. MATTHEWS, MAYOR
TOWN OF TIBURON
bbckic's grove rcso.doc
Tihllron Town Council
Re....olution'Vo,
2/6/2002
3
TOWN OF TIBURON
STAFF REPORT
ITEM NO:
MEETING DATE: February 6,2002
t
To:
From:
Subject:
Date:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
ALEX D. MCINTYRE, TOWN MANAGE~
FINANCIAL DONATIONS POLICY ~
FEBRUARY 1, 2002
','
On occasion, the Police Department receives monetary donations from members of the
community, The amounts have varied from under a hundred dollars to well over a
thousand dollars. At times, the community member donating the money has designated
. how the money is to be used (e.g., school program, DARE or crime prevention),
The following citizens have recently made cash donations to the Police Department:
. Ms. Marie P. Winton, 110 Lyford Drive, Tiburon. In the amount of $500.00 for
police operations.
. Hassan and Showkat Aminifard, 202 Taylor Road, Tiburon. In the amount of
$500.00 for police operations.
ANALYSIS
Although the monetary donations are appreciated, it poses a problem for the Police
Department in accepting these donations. As listed in our Departmental Rules &
Regulations, we cannot accept donations and or gratuities (Exhibit A). As such
donations should be presented to the Town Council and accepted in the public arena.
The attached policy and procedure outlines the process in which public gifts can be
accepted on behalf of the Town (Exhibit B),
RECOMMENDATIONS
It is recommended that the Town Council approve the attached policy, accept the above
donations and direct the Town Manager to send a letter acknowledging the donation,
Attachments
Exhibit A - Police Department Rules & Regulations on the Gifts and Gratuities.
Exhibit B - Financial Donation Policy
EXHIBIT NO. A-.
TlBURON POLICE DEPARTMENT
RULES AND REGULATIONS
GIFTS AND GRA TUITlES
. Soliciting! Accepting (1.1.71)
Employees shall not under any circumstances solicit or accept any gift, gratuity, loan or
fee, the soliciting or acceptance of which might tend to influence directly or indirectly the
actions of said employee or any other employee in any matter of police business or which
might tend to cast an adverse reflection on the Department or any employec thereof.
Disposition (1.1.72)
Any unauthorized gift, gratuity, loan, fee, rcward or other thing of value falling into any
of these catcgories coming into the possession of any employce shall be forwarded to the
office of the Chief of Police together with the writtcn report explaining the circumstances
of the receipt.
Free admissions and passes (1.1.73)
Employecs shall not accept or solicit free admission to theaters or other places of
amusement for themselves or others except in the line of duty.
Other transactions (1 . 1.74)
Employees are prohibitcd from buying or selling anything of value from or to any
complainant, suspcct, witness, defendant, prisoner or other person involved in any case
which has come to his attention or which arose out of his departmental employment when
such transaction might tend to cause adverse reflection on the department or any
employee,
REW ARDS
General (1.1.75)
Unless authorized by the Chief of Police, employees shall not accept any gift, gratuity or
reward in money or any other consideration for services rendered in the line of duty to the
community or to any person, business or agcncy except lawful salary and any additional
legal amounts set forth in the salarv ordinance, or other city authorized programs.
T.1X--Fyrm ~-) Q.
~, H_.o..,.I. ~H .~
Town Council Policy and Procedure
Number:
Effective:
Authority:
February 6, 2002
Town Council
[fjir:J ;7\ P ,'ji,:J
uu L~ Lf u
TOWN OF TIBURON
l
Financial Donation Policy
I
PURPOSE:
On occasion, the Town finds itself in the position of receiving financial donations from
Town residents. The purpose of this policy is to outline the procedure in which financial
donations to the Town of Tiburon may be received,
POLICY:
It is the policy of the Tiburon Town Council to properly receive financial donations made
to the Town of Tiburon. The following procedure will be followed:
1. The Town Manager or designee will present the financial donation to the Town
Council and have it accepted in a public meeting.
2. The Town Manager or designee will deposit the donation to a specific program, if
so requested by the donor. Otherwise, donations will be deposited into the
General Fund.
3. The Town Manager or designee will send a letter to the donor acknowledging the
donation.
APPROVED:
Date
Alex D. Mcintyre, Town Manager
.I)M.IF I
MICHAEL M. POLLAK
SCOTT J, VIDA
GIRARD FISHE.R .
DANIEL P. BARER'
LAWRENCE J. SHER
JUDY l, McKEI.VEY
ANDREW M. STEIN
JUDY A. BARNWELL
REBECCA E. ORLOFF
POLLAK, VIDA & FISHER
ATTORNEYS AT LAW
1801 CENTURY PARK EAST
26TH FLOOR
LOS ANGELES, CALIFORNIA 90067-2343
TELEPHONE
(310) 551-3400
FAX
(310) 551.1036
E.MAIL
law@pvandf.com
. C€.IlT"'ED SPECI.lLIST. ~PPEL~ATE ~...w
SUTfaAIlOFCACIFORNIA
!lOAlHl O~ LEGAL SPEC'''LIZAnON
January 7, 2002
OF COUNSEL:
GERARD A. lAFOND, JR.
MICHAEL R. NEBENZAHL
Ann R, Danforth
Town Attorney
1505 Tiburon Blvd,
Tiburon, CA 94920
Io)~~~~w~rm
lffi JAN 1 1 2002 ill)
TOWN AlrORNEY'S OFFICE
TOWN OF TI8URON
Re: Request for Participation in Amicus Brief
Eastburn v. Regional Fire Protection Authority
4th District, Division 2, No.2 Civil E029463
Dear Ms. Danforth:
J write to ask your city to join in the Eastburn amicus brief.
The League of California Cities has requested our firm to prepare the brief.
The League does not submit amicus briefs in its own name, Instcad, it encourages
individual cities to lend their names, Therefore, we are requesting all California cities to join as
amiCI.
THE CASE
Minor plaintiff Felicia Eastburn was electrocuted while taking a bath. Her parents called
911. Pimntifts all~ge that lilt: :) 11 riispalchcl odayeJ iil s~Jlding cfllerg(:i1(:i services 10 the Sl.:cm.:,
exacerbating Felicia's injuries, They sue the public entity that provided emergency dispatch
services for 911 callers, the Regional Fire Protection Authority, and the City ofYictorville for
failing to send help earlier.
The trial court sustained the defendants' demurrers without leave to amend, It found that
the defendants owed no duty to the plaintiffs. Plaintiffs have appealed,
The case poses these core issues:
. By providing 911 emergency dispatch services, does a public entity enter into a
"special relationship" with each of its constituents -- creating a duty to provide prompt
emergency services in response to 911 calls, and liability if it fails to do so?
January 7, 2002
Page 2
. Does Health & Safety Code section 1799.107 (which immunizes "emergency
personnel" from liability unless they are grossly negligent or act in bad faith) impose a duty on
entities that provide 911 dispatch services to respond promptly to 911 calls?
This case will effect the liability of all public entities that provide or participate in 911
dispatch services. Under state law, all public entities must provide or participate in 911 systems.
An appellate decision for the plaintiffs would therefore expose every city to suit by any citizen
who believes the response to his 91-1 call was not fast enough.
Ef:QUfoSI
It is important to get the cities on board, We want to let the appellate court know that this
case effects every city in California -- and that those cities oppose this attempt to expand their
liability.
If your city is willing to participate, please complete and return the enclosed authorization
to my office. We request that you respond within two weeks of this letter's date.
Thank you.
Very tmly yours,
POLLAK, VIDA & FISHER
]);uv~ p,
DANIEL P. BARER
. B (/l/L0c
DPB:pb
Enclosure
TOWN OF TIBURON
STAFF REPORT.
TO:
FROM:
SUB.JECT:
MEETING DATE:
REVIEWED BY:
AGENDA NO.:.J.!;2
MA YOR AND MEMBERS OF THE TOWN COUNCIL
D~NIEL M. WATROUS, SENIOR PLANNER-~\7-jt)
FILE #30104: AMENDMENT TO KUHNS PRECISE
DEVELOPMENT PLAN (PD #31) TO ALLOW ADDITIONAL
FLOOR AREA AND AMEND A BUILDING ENVELOI)E;
1,5& 9 STEVENS COURT; BEN BARNES, ET AL, OWNERS;
ASSESSOR'S PARCEL NOS. 58-111-25, 26 & 27
FEBRUARY 6, 2002 ill
ALEX D. MCINTYRE, TOWN MANAGE~
------------------------------------------------------------------------------------------------------------------
PROJECT DATA
Address:
Assessor's Parcel Numbers:
File Number:
Gcneral Plan:
Zoning:
Subdivision:
Current Use:
Owners:
Applicants:
Datc Complete:
CEQA Exemption:
Permit Streamlining Act Deadline:
BACKGROUND:
I, 5 &9 Stevens Court
58-I 11-25,26 & 27
30104
Medium Low Density Residential
RPD (Kuhns Precise Plan, PD #31)
Lands of Fraige, PM 5_90.
,Single-family rcsidential
Ben Barnes, et al
Ted Wray
November 8, 2001
December 7, 2001
May 6, 2002
The project is the proposed amendment to the Kuhns Precise Plan t()r property located at I, 5 & 9
Stevens Court. The applicants wish to increase the maximum t100r area permitted !()r these three
TIUURON TOWN COllNCIL
STAFF REPORT
1
FE13RlJAR Y 0, 2002
lots, each of which is currently developed with a single-Iamily home.
The app(ieation also rcquests to amend the building envelope I{)r the property at I Stevens COllft.
On December 12, 200 I, the Planning Commission adopted Resolution No. 200 I-I R (Exhibit 2)
recommending to the Town Council that the Precise Plan amendment to allow additional /loor
area be approved, but thaI the proposed building envelope amendment he denied.
PRO.IECT DESCRIPTION:
The Kuhns Precise Plan eurrently limits each pareclto a maximum /loor area of 3,600 square
feet, ineluding the garagc. The Precise Plan also allows additional Iloor area "if attaincd entirely
within undeveloped space within the existing mass and bulk of the approved house,so long as
the total floor area docs not exceed the floor area ratio otherwise permitted by the Tiburon
Zoning Ordinance I{)r a lot of this size." This application requests to modify the text of the
precise plan to modify the maximum 1l0or arca for each parcel to 3,600 square feet, excludini2: the
garage.
Plans have also been submitted (Exhibit II) which illustrate the construction of additional garage
space for the property located at I Stevens Court. These plans also show the eonstruetion of a
deck and stairs that would be constructed on the south side of the housc, most of which extends
bcyond the current building envclope tor this)ot. This application also requests to modify the
huilding envelope tor this lot to allow thc proposed deck and stairs.
HISTOI{Y:
A hrief chronology of the Ku'11l1s Precise Pia? approval rccord is as follows: .
1980. The Fraige Master Plan and Precise Plan are approved by the Town. These 'approvals
subsequently expire in 19R4.
1984. The Kuhns Master Plan and Precise Plan resubmitted and approved by the Town.' .
1995, Amendment to the Kuhns Precise Plan (File #3(406) approved to adjust the building
envelopes I{)r all three parcels in the subdivision.
1995. Amcndmcnt to the Kuhns Precise Plan (File #39502) requested to incrcase the maximum
lloor area lor all three parcels, adjust the building envelope for Lot 2 (5 Stevens Court)
and modify the height limitations for all three parcels. The rcquest to increase the floor
areas was not approved, but the other modifications were approved.
1995. Amendment to the Kuhns Precise Plan (File #39504) approved to adjust the parking and
fencing requirements lor the subdivision. Town Council Resolution 3121 adopted to
consolidate all amendments and remaining original requirements for the precise plan.
TIIJURON TOWN COUNCIL
STAFF REPORT
FI~BRUARY 6, 2002
2
1998. Amendment to the' Kuhns Precise Plan (File #39705) to allow the construction of an
exterior staircase outside the building envelope t()r Lot I (I Stevens Court) denied by the
Planning Commission.
J 999. Amendment to the Kuhns Preeise Plan (File #39904) to allow additional tloor area "if
attained entirely within undeveloped space within the existing mass and bulk of the
approved house, so long as the total tloor area does not exceed the noor area ratio
otherwise permitted by the Tiburon Zoning Ordinance for a lot of this size."
The prccise plan includes three parcels accessed by Stevens Court, a private street.' Town.
Council Rcsolution No. 3121 (Exhibit 7), which contained the consolidated conditions of
approvallbr this precise plan, stated that "the maximum gross floor area lor each parcel shall not
exceed 3,600 square feet, including the garage." This condition of approval was imposed by the
Town Council during hearings on this devclopment proposal in 1980. The Council minutes do
not retleet extensive discussion on this noor area limit, but indicate that the applicant was
requested to indicate the anticipated floor area for the three homes in the subdivision.
These house size limitations on the Kuhns Precise Plan werc imposed prior to thc Town's
adoption of Floor Area Ratio (f,A.R.) limits in all residential zoncs, House size limits were
plaecd on certain prccise plans in the early 1980's, as a precursor to current noor area limitations.
Current practice lor the Town ofTiburon is that all precise development plan approvals specify
floor area limits on all lots within a devclopment. These limits are commonly more restrietivc
than the "default" noor area limits found in Section 4,02.08 of the Zoning Ordinance:
For comparison purposes, under the Town's current "dctuult" F,A.R. standards, adopted in 1990,
the property at I Stevens Court would be allowed a maximum iloor area of 6,866 squarc leet; the
property at 5 Stcvens Court would be allowed a maximum floor area of 5,355 square feet; and
the 9 Stevens Court would be allowcd a maximum floor area 01'4,117 square feet. In each case,
the dc1uult F,A.R. would also allow an additional 600 square feet for garage space.
The 1995 application to increase the floor area maximums for this precise plan (file #39502)
requested that the maximum tloor area for Lots I & 2 (I and 5 Stevens Court) be increased to
4,800 square feet, with the f100r area for Lot 3 (9 Stevcns Court) increased to 4,600 square feet.
At that time, the applicant stated that the additional tloor area would be "added to the lower
portion and downhill sidc of the house[s] which would then havc no impact on uphill neighbors."
Several uphill property owners along Round Hill Road raised objections to the request to
increase f100r areas lor these homes.
The Planning Commission determined that this increased floor area was inappropriate, and did
not recommend approval of this request in its resolution to the Town Council (Resolution No.
95- 13, attached as Exhibit 5). The Town Council included the following language in adopting
Resolution No. 3101 (Exhibit 6):
TIRlJRON TOWN COUNCIl.
ST ArF K EPORT
FEllRUARY 0, 2002
,
J
"Thc Town Couneillinds that thc applicant's request to increase thc allowable house size
limit lor residences in thc project would have a negative visual impact on adjaccnt
properties by increasing the mass and visible bulk of the structures. The proposcd house
sizes are substantially larger than cxisting houses in thc immediate vicinity, ineluding the
new residence at 211 Round Hill Road. The Town Council further finds that the
applicant has provided no compelling reason to approvc larger house sizes t(lr the project,
nor demonstrated any benefit to the public health, safety or gencral welfare to warrant a
ehangc to thc zoning restrictions properly placed on the project by the Town" ,
In 1999, another request (File #39904) was filed to increase the permitted floor area f()r the three
homes in this subdivision by allowing additional floor area if contained within the cxisting mass
and bulk of the approved houses, so long as the total floor area did not execcd the tloor area ratio
otherwise permittcd by the Tiburon Zoning Ordinance I{)r lots of these sizes. This request was
approved by the Town Council under Resolution No. 3360 (Exhibit 5). Since the approval of
this amendment, Design Review approvals for such additions were granted in 2000 lor the home
at 5 Stevens Court (increasing the floor area of the rcsidenee to 4,967 square feet) and. in 2001 !()r
the home at I Stevens Court (increasing the Iloor area of the rcsidcnee to 4,441 square fect). The
house at 9 Stevens Court has its originally approved floor area of 3, 180 square feet.
A prior request (File #39705) to modify thc building envclope lor thc property at I Stcvens Court
was denied by the Planning Commission in 1998. That application involved a request to
construct an, L-shaped, uncovered staircase at thc southem corner of the house. The Planning
Commission determined that the .proposed staircase would havc extended too far into the dripline
ofa mature oak tree. The Commission noted that the preservation ofthistrec had been the focus
of extcnsive discussion in the creation of the original building envelope !{)r this property, and
denied the request to amend thc building envelope to construct this staircase.
REvmw BY nm PLANNING COMMISSION:
The Planning Commission reviewed the project at its December 12,2001 meeting. At that time,
it was the eonsensus of the Commission that the additional tloor arca that would be allowed by
the proposed amendment would not result in significant impacts to surrounding properties. Thc
Commission noted that the building envelopes for this subdivision were extensively reviewed
when the prccise plan was first approved by the Town, and that thcse envelopes create,
appropriatc constraints !{)f dcvelopment of these lots. The Commission also notcd that the
resulting tloor areas lor each lot would still be below the Town's deltllllt floor area ratio. A
dissenting opinion on the Planning Commission kit that there was no justification for the
requested Iloor area increase, and that the floor arca permitted for individual homes by older
prceise plans should not be viewed simply as a beaehhcad from which to subsequcntly request
additional floor area at a later date.
During the public hearing, concerns were raised by the owncr of the adjacent residence at 2
Rolling Hills Road regarding potential noise, light and privacy impacts that would 'result Irom the
TlI3U]{(jN TOWN COUNCIL
STAFF REPORT
FI~I\RUARY 6, 2002
4
proposcd deck would establish a new outdoor activity arca that would be closer to the adjacent
homc than intended by the original building envelope tor this property.
The Planning Commission adopted (2-1) Resolution 2001- 18 (Exhibit 2) recommending to the
Town Council that the requested text amendment be approved, but that the requested building
envelope amcndment be denicd. The Planning Commission also recommended that any tuture
construction on thc three lots in this subdivision comply with the cstablished building envelopes;
that any construction for the home at I, Stevens Court not be permitted to include windows facing
the home at 2 Rolliilg Hills Road; and that the amendment is not intendcd to allow construction of
building additions that would increase the height of existing structures on these lots.
ENVIRONMENTAL REVIEW:
The project is exempt from the requirements of the Calitornia Environmental Quality Act per
Section 15301 ol'the CEQA Guidelines,
RECOMMENDATION:
Statl'recommends that the Town Council hold a public hearing on this item, then adopt the draft
resolution (Exhibit I) approving the requcsted text amendment to allow additional floor area, but
denying thc rcquested building envelope amendment, subject to the conditions contained therein,
EXHIBITS:
I. Draft resolution
2, Planning C01l1l1lission Resolution No. 2001-18
3, StafTReport'ofthe December 12,2001, Planning C01l1l1lission mceting
4.. Minutes ol'the December 12,2001, Planning Commission meeting
5. Application and supplemental materials .
6. Planning Commission Rcsolution No. 95-13
7. Town Council Resolution No, 310 I
8. Town Council Resolution No, 3 121
9. Town Council Resolution No. 3360
10. Letter fromTcrry Harrison, datcd October 16, 2001
11. Letter from Bcn 13arnes, dated Dccember 3, 200 I
12, Letter from Marin County Arborists, dated December 4,2001
13. Letter irom Terry Harrison, dated December 10,2001
14. Submitted plans '
TIIlIJRON TOWN COUNCIL
STAFF REPORT
FEnRUARY 6, 2002
5
RESOLUTION NO,
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN AMENDMENT TO
THE KUHNS PRECISE DEVELOPMENT PLAN (PO #31)
TO ALLOW INCREASED FLOOR AREA
FOR THE PROPERTIES LOCATED AT 1, 5 & 9 STEVENS COURT
ASSESSOR PARCEL NOS. 58-111-25,26 & 27
WHEREAS, on December 12,200 I the Planning Commission held a public hearing to
consider the approval of an amendment to the Kuhns Precise Plan increase the maximum floor
area pernlitted ](lr each parcel within this subdivision, and to amend the building envelope JlJr the
propcrty located at 1 Stevens Comt; and
WHEREAS, on December 12,200 I, after receiving public tcstimony and considering the
application, the Planning Commission adopted Resolution No. 2000-18 recommending to the
Town Council that the Prccise Plan Amendment to increase the lloor area be approved, but that
the amendment to amend the building envelope fllr the property located at I Stevens Court be
denied; and
WHEREAS, on February 6, 2002, after hearing all tcstimony and reviewing all
documents on the record, the Town Council concurred with the iindings made by the Planning
Commission in part and !lllll1d that the proposed Precise Plan' amendment to allow increased
floor area for the homes goveriled by this Precise Plan would be consistent with the Town Zoning
regulations and the Tiburon General Plan. The Town Council further concurred with the findings
made by the Planning Commission and !lllll1d that the proposed Preeise Plan amendment to
modify the b~lilding envelope for the property located at I Stevens Court would negatively
impact the neighboring property at 2 Rolling Hills Road, and should be denied.
NOW,THEREFORE, BE IT RESOLVED that the Town Council of the Town ofTiburon
does hereby approve of the. inercase in the maximum floor area established by the Kuhns Precise
Plan, sllbjeet to the tollowing conditions:
I. Town Counei I Resolution No. 3121 shall be amended to state that "the maximum
Boor area tllr each parcel shall not exceed 3,600 square feet, with an additional
600 square feet lor ~araQe space including tJqe garaf;0, if attained entirely within
undevcloped space within the existing mass and bulk of the approved house, so
long as the total Boor area docs not exceed the Hoor.area ratio otherwise permitted
by the Tiburon Zoning Ordinance for a lot of this size."
TIBURON TOWN COUNCIL
RESOLUTION NO.
2/6102
~"yr--YYfr-'" ", V(,", J
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2. The requested building envelope amendment for the property at I Stevcns Court is
not approved. -
3. This amendment is not intended to allow construction of building additions that
would increase the building height of existing structures.
4. It is recommended that any future Site Plan and Architectural Review applications
for construction on the property at I Stevens Court not include windows facing
_ the home at 2 Rolling Hills Road.
5. This Precise Devclopment Plan Amendment approval shall be valid tor 36 months
,following its etTeetive date, and shall expire unless subsequent zoning and/or
building permits have bcen issLied pursuant to this approval. A time extension
may be granted if such request is tiled prior to the expiration date,
6. This approval shall in no way altcr other provisions of the Kuhns Precise Plan not
specitieally dcscribed herein,
PASSED AND ADOPTED at a regular meeting ofthc Town Council on February 6,
2002, by the !ollowingvote:
AYES:
COUNCILMEMBERS:.
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
HARRY MATTHEWS, MAYOR
TOWN OF nBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
H:dwatrous/resotutions/TC30 I 04.resolution.doc
TmURON TOWN COUNCIL
RLSOLUTION NO.
216102
2
II;.KrITB:fij~':.T,():::.-::: __.
RESOLUTION NO. 2001-18
A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON
RECOMMENDING TO THE TOWN COUNCIL APPROVAL OF
AN AMENDMENT TO THE KUHNS PRECISE DEVELOPMENT PLAN
ASSESSOR PARCEL NOS. 58-111-25,26 & 27
WHEREAS, the Planning Commission of the Town ofTiburon does resolve as lollows:
Section 1. Findingd,.
A. The Town has received and considered an application filed by Ben Barnes, et al. lor an
amendment to the Kuhns Precise Development Plan to increase the maximum floor area
permitted for each parcel within this subdivision, and to amend the building envelope f{lr
the property located at I Stevens Court. The three properties within this subdivision are
each developed with an existing single-family residence, and arc located at I. 5 & 9
Stevens Court. The application consists of the (allowing:
1. Application lorm, dated October 11,2001
2. Letter from Ben and Janine Barnes, dated September 28, 2001
3. Letter from Ted Wray, dated October 24,200 I
4. Letter from Ben Barncs, dated Deccmber 3, 200 I
5. Site Plan and Proposed Floor Plans and Elevations dated October 11, 2001
B. The Planning Commission held a duly-noticed public hearing on December 12, 200 I, and
heard and considered testimony from intcrested persons,
C. The Planning Commission has f(lUnd that the project is exempt from the requiremcnts of
the Calilomia Environmental Quality Act pcr Section 1530 I ill' the CEQA Guidelincs.
D. The Planning Commission finds, based upon application materials and analysis presented
in the Decembcr 7, 200 I StaffRcport, as well as visits to the site and testimony rceeived
from the applicant, that the projcct is consistent wiih the requircmcnts of the Tib~ron
Zoning Ordinance rcgarding prceisc development plan amendmcnts and is compatible with
thc overall intentions of the Kuhns Prccise Development Plan, as thc building envelopes
would not be altered for two of the homes, and the proposed envelope amendment for I
Stevens Court would not result in signifieant increases in visual mass or bulk when viewed
from neighboring properties. The requested allowance for additional living floor area
would not significantly would not result in a dramatic inercasc bcyond the originally
approved Boor area lirnits lor thesc lots.
Tihuron Planning C()mmission
Kl.:solUlion Nu. 2001-18
Dt..'u:mber 12. '200 I
z
..-~(--' T. ,"'Tn -'. -.'(~ '.
',., , .. "II r'" i" 1 .
J.,..l.~.....,l.. ......J.\. _. _ j ,.J.._,._~_,*
P I ()( ')
E. The Planning Commission linds that the proposed project is consistent with the policies
contained within the Land Use Element of the Tiburon General Plan, Policy LU-22 of the
Land Use Element states that "the Town shall adopt housing size limitations for
residential development as part of the Zoning Ordinance tor reasons detailed in Open
Space and Conservation Policy OSC-6 [which states that "the Town should encourage
well-designed projects that enhance its image through the development and design review
processes. Monotony in design, and massive structures and site coverage that overwhelm
the surrounding area, shall be avoided."] Possible methods include, but are not limited
to, floor area ratios, coverage, height, bulk, and square footage limits." The proposal to
allow additional tloor area for garage space would bring the 1100r area standards for this
subdivision into closer conformance with the more recently adopted Town-wide tloor
area ratio requircments.
Section 2. Approval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends
approval of thc increase in the maximum floor area established by the Kuhns Precise Plan to the
Town Council, subject to the following conditions:
I. Town Council Resolution No. 312 I shall be amendcd to state that "the maximum
tloor area for each parcel shall not exceed 3,600 square fcet, with an additional
600 squarc fcct for garage space iRelliEliRg the garage, if attained entirely within
undeveloped space within the existing mass and bulk of the approved house, so
long as the total 1100r area does not exceed the tloor area ratio otherwisc permitted
by the Tiburon Zoning Ordinance tor a lot of this size."
2. The requested building envelope amendment for the property at I Stcvens Court is'
noi approved.
3, . This amendment is not intended to allow construction of building additions that
would increase the building height of existing structurcs.
4. It is recommended that any future Site Plan and Architectural Review applications
tor constmetion on the property at I Stevens Court not include windows facing
the home at 2 Rolling Hills Road.
5. This Precise Development Plan Amendment approval shall be valid for 36 months
following its effective date, and shall expire unless subsequent zoning and/or
building permits have been issued pursuant to this approval. A time extension
may be granted if such request is tiled prior to the expiration date.
6. This approval shall in no way alter other provisions of the Kuhns Precise Plan not
specifically described herein:
Tiburnn Planning CtlnllTlission
R~solution No. 2001-18
December 12. 200]
2
~E~~(IILB Irr ?< :() . ...?- ...~._
.0 '.. _...1'-..-,.
PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on
December 12, 2001, by the following vote:
AYES: COMMISSIONERS: BERGER AND SNOW
NOES: COMMISSIONERS: STEIN
ABSTAIN: COMMISSIONERS: SMITH
_4~L iff
STEVE STEIN, CHAIRMAN
Tiburon Planning Commission
ATTEST:
~~
SCOTT ANDERSON, SECRETARY
,1.1 :\Dwatrou.s\n:solutions\pc3 0 I 04.n:solut ion.Joc
T ihuron Planning Commission
Resolulion No. 2001-IR
Dt..-ccmht..T 12. 200 f
3
l~;'Y~I-:[L}J,TT' 1>I (). ..~Z~~,.
P. ':, 017 ~
TOWN OF TIBURON.
STAFF REPORT
To:
From:
Subjcet:
Report nate:
Meeting Date:
PRO.TECT nATA
ITEM NO.
PLANNING COMMISSION
DANIEL M. WATROUS, SENIOR PLANNER
FILE #30104: AMENDMENT TO KUHNS PRECISE PLAN (PD #31) TO
ALLOW ADDITIONAL FLOOR AREA AND AMEND ABUILDING
ENVELOPE;
1,5 & 9 STEVENS COURT; Ben Barnes, et ai, owners; Assessor's Parcel
Nos. 58-1 11-25,26 & 27
DECEMBER 7, 2001
DECEMBER 12,2001 .
Address:
Assessor's Parcel Numbers:
File Number:
General Plan:
Zoning:
Subdivision:
Current Use:
Owners:
Applicants:
Date Completc:
CEQA Exemption:
Permit Streamlining Act Deadline:
PROJECT DESCRIPTION
1, 5 & 9 Stcvens Court
58-111-25,26 & 27
30104 .
Medium Low Dcnsity Residential
RPD (Kuhns Preeisc Plan, PO #3 I)
Lands of Fraige, PM 5-90
'Single-family residential
Ben Barnes, et al
Ted Wray
November 8, 200 I
December 7, 2001
February 5, 2002
The project is thc proposed amendment to a precise plan (the Kuhns Precise Plan) for property
located at 1,5 & 9 Stevens Court. The applicants wish to incrcase the maximum floor area
permitted tl)r thesc three lots, caeh of which is currently developed with a single-family home.
. The application also requests to amcnd the building envelope for the property at I Stevens Court.
TIBURON PLANNING COMMISSION
STAFF REPORT
I)ECEMBI:R 12.200] .
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The Kuhns Precise Plan currently limits each parcel to a maximum Iloor area of 3,600 square
feet, including the garage. The applicants propose to amend the text of the precise plan to allow
additional tloor area "if attained entirely within undeveloped space within thc existing mass and
bulk of the approved house, so long as the totallloor area does not exceed the Iloor area ratio
otherwise permitted by the Tiburon Zoning Ordinance lor a lot of this size." This application
rcquests to modily the text of the precise plan to modify the maximnm Iloor area f()r eilch parcel
to 3,600 square feet, exeluding the garage.
Plans have also been submitted (Exhibit 8) which illustrate the construction of additional garage
space lor the property located at I Stevens Court. These plans also show the construction of a
deck and stairs that would be constructed on the south side of the house, most of which extends
beyond the currentbuildingenvel<ipe for this lot. This application also requests to modily the
building envelope tor this lot to allow the proposed deck iind stairs.
HISTORY
A brief chronology of the Kuhns Precise Plan approval record is as lollows:
1980. The Fraige Master Plan and Precise Plan are approved by the Town. Thesc approvals
subsequently expire in 1984.
1984. The Kuhns Master Plan and Precise Plan resubmitted and approved by the Town.
1995. Amendment to the Kuhns Precise Plan (File #39406) approved to adjust the building
envelopes for all three parcels in the subdivision.
1995. Amendment to the Kuhns Precise Plan (File #395(2) requested to increase the maximum
Iloor area for all three parcels, adjust the building envclope Illr Lot 2 (5 Stevens Court)
and modify the height limitations f()r all three parcels. The request to increase the floor
arcas was not approved, but the other modifications were approved.
1995. Amendment to the Kuhns Precise Plan (File #39504) approved to adjust the parking and
fencing requirements for the subdivision. Town Council Resolution 3 I 21 adOpted to
.consolidate all amendments and rcmaining original requirements f(lr the precise plan,
1998. Amendment to the Kuhns Precise Plan (File #39705) to allow the eonstruetion of an
exterior staircase outside the building envelope for Lot 1 (I Stevens Court) denied by the
Planning Commission.
1999. Amendment to the Kuhns Precise Plan (File 11399(4) to allow additional floor area "jf
attained entirely within undeveloped spaee within the existing mass and bulk of the
approved house, so long as the total tloor area does not exceed the floor area ratio
otherwisc permitted by the Tiburon Zoning Ordinance f()r a lot of this sizc."
TIBURON PLANNING COMMISSION
STAFF REPORT
DECI2MHI~R 12, 20()1
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The Kuhns Precise Plan was originally approved in 1980, then expired and was reapprilVed
without any changes in 1984. The precise plan includes three parcels accessed by Stevens Court.
a private street. Town Council Resolution No. 3121 (Exhibit 4), whieh eonlained the
consolidated conditions of approval lor this prccise plan, stated that "the maximum gross tloor
area tor each parcel shall not exceed 3,600 square feet, including thc garage." This condition of
approval was imposed by the Town Council during hcarings on this development proposal in
1980. The Council minutes do not reflect extensive discussion on this floor arca limit, but
indicate that the applicant was requested to indicate the anticipated floor area lor the three homcs
in the subdivision.
These house size limitations on the Kuhns Precise Plan were imposed prior to the Town's
adoption of Floor Area Ratio (F,A.R.) limits in all rcsidential zones. I-louse size limits were
placed on certain precise plans in the early 1980's,as a precursor to current floor area limitations.
Current practicc for the Town ofTiburon is that all precise development plan approvals specify
tloor area limits on all lots within a development. These limits arc commonly more restrictive
than the "dcfault" tloor area limits found in Section 4.02.08 of the Zoning Ordinance.
For comparison purposes, under the Town's current "det~llIlt" F.A.R, standards, adopted in 1990,
the property at I Stevens Court would be allowcd a maximum floor area of 6,866 square feet; the
properly at 5 Stevcns Court would bc allowed a maximum floor area of 5,355 square feet; and
the 9 Stevens Court would be allowed a maximum tloor area of 4, I 17 square feet. In each case,
the delimIt F.A.R, would also allow an additional 600 squarc feet I()r garagc space.
The 1995 application to increase the tloor area maximums lor this precise plan (File #39502)
rcquested'that the maximum tloor area I()r Lots I & 2 (I and 5 Stevens Court) be increased to '
4,800 square feet, with the floor area for Lot 3 (9 Stevens Court) increascd to 4,600 square feet.
At that time, the applicant stated that thc additional floor area would bc "added to the lower
portion and downhill side of the house[sJ which would then have no impaet on uphill neighbors."
Several uphill property owners along Round Hill Road raised objcetions 10 thc request to
increase tloor arcas for these homes.
The Planning Commission detemlined that this increased tloor area was inappropriate, and did
not recommend approval of this request in its resolution to the Town Council (Resolution No.
95-13, attached as Exhibit 2). The Town Council included thc following language in adopting
Resolution No. 3101 (Exhibit 3):
"The Town Council linds that the applicant's request to incrcase thc allowable house size
limit lor residences in the project would have a negative visual impact on adjacent
properties by increasing the mass and visible bulk of the structures. The proposed house
sizes arc substantially larger than cxisting houses in the immediate vicinity, including the
new residence at 211 Round Hill Road. The Town Council fllrther linds that the
applicant has provided no compelling reason to approve larger house sizes li.Jr the project,
nor demonstrated any benefit to the public health, salety or general welfare to warrant a
TIBURON I'LANNIN(i COMMISSION
STAFF REPORT
DECEMHI::R 12. 20tl[
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change to the zoning restrietions properly placed on the project by the Town."
In 1999, another request (File #3(904) was filed to increase the permitted floor area lor the three
homes in this subdivision by allowing additional11oor area if contained within the existing mass
and bulk of the approved houses, so long as the totallloor'area did not exceed the floor mea ratio
otherwise permitted by the Tiburon Zoning Ordinance tlJr lots of these sizes. This request was
approved by the Town Council under Resolution No. 3360 (Exhibit 5). Since the approval of
this amendment. Design Review approvals ll)r such additions were granted in 2000 lor the home
at 5 Stevens Court (increasing the Iloor area of the residence to 4,967 square feet) and in 200 I tor
the home at I Stevens Court (inereasing the 1100r arca of the residence to 4,441 square feel). The
house at 9 Stevens Court has its originally approved 1100r area of 3, 180 square feet.
A prior request (File #397(5) to modily the building envelope for the property at ] Stevens Court
was denied by the Plmming Commission in 1998. That application involved a request to
construct an L-shaped, uncovered staircase at the southern corner of the house. The Planning
Commission determined that the proposed staircase would have extended too flu' into the dripline
ofa mature oak tree. The Commission noted that the preservation of this tree had becn the fi:>cus
of extensive discussion in the creation of the original building envelope for this property, and
denied the request to amend the building envelope to construct this staircase.
ANAL YSIS
Floor Area Rcqucst
The applicants have indicated that the primary intention of the requested text amendment to the
Kuhns Precise Plan is to bring the Iloor area requirements fl)r the three homes within this
subdivision to more closely resemble the Town's default 1100r arca standards. As notcd above,
the current Iloor area standard for this subdivisi()n requires that garage space is ineluded in the
overall maximumlloor area Il)r each lot, while the F.A.R. standard contained in the Tiburon
Zoning Ordinance allows an additional 600 square feet of tloor area beyond the lot sizc"based
floor area.'
The three homes within this subdivision have been designed to nearly fill the existing building
envelopes fllr each lot. The current house locations wOlild somewhat constrain the ability to add
signiticant amounts of aclditional gmage space with adequtlte access without moditying the
building envelopes. However, if each home is allowed to essentially deduct the garage space
already provided Irom the allowable floor area for each lot, then morc living space could be
added to cach home as wcll. Theoretically, the size of each of the three homcs could be.
inercased by the sizc of thc existing garage space for each residence, to a limit of 600 additional
square feet of living area.
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T1BURON I'LANNING COMMISSION
S'I'AFF REPORT
DECEMBER 12.2001
Building Envelope Amendment
The requested deck would extend 6 feet out Irom the end of the existing deck at the southern side
of the house. The deck and staircase would extend approximately I I teet to the rcar of the
proposed house. Although a portion of the deckeloscst to the proposed garage and a small
portion adjacent to the southern corner of the house would be within the existing building
envelope, most of the proposed deck and the entire proposcd 'staircase would be outside the
currently approved envelope.
The applicant's.stated reason f()r the proposed deck and staircase is to provide access trom the
primary living arcas of the house to the rear yard. However,' the recently approved lowcr floor
arca tor this house includes access trom a stairway to the rear yard. Although this approved
stairway docs not provide direct access from the upper floor to the rear yard, many two-story
homes do not have independent direct access from the upper floor of the house to a lowcr rear
yard area.
The applicant expressed the same reasons tor the exterior staircase requested in 1998. This prior
rcqucst involved a staircasc that would have extended 14 teet out from the southcrn corner of the
house, 8 tcct fhrther than the currently requcsted deck extension. In denying the previous precisc
plan amendment for the staircase, thc Planning Commission tocused on thc potential impacts of
the proposed structure on the dripline of the nearby oak tree. The construction of the proposed
deck would project much Icss into the dripline of this tree, and would likely not rcsult in
signilieant harm to the health of the tree.
ZONING AND GENERAL PLAN CONSISTENCY
Thc proposed project has bcen reviewed for consistency with the rcquirements of the Tiburoll
Zoning Ordinance regarding precise plan amendments and the Tiburon General Plan. The project
appears to be eonsistcnt with the ovcrall intentions of the Kuhns Precise Plan, as the bui Iding
cnvelopes would 'not be altered f{)r two of the homcs; and the proposed envelope amendment for
I Stevens Court would not result in signilicant increases in visual mass or bulk when viewed
. trom neighboring properties. The requested allowance for additional living floor area would not
result in a signilicant increase beyond the originally approved floor area limits tor these lots, and
would still be signilicantly lower than the default floor area ratios for lots of these sizes,
Policy LU-22 of the Land Use Element states that "the Town shall adopt housing size limitations
({)r residcntial development as part of the Zoning Ordinance tor reasons detailed in Open Space
and Conservation Policy OSC-6 [which statcs that "the Town should encourage well-designed
projects that enhance its image through the development and design review processes. Monotony
in design, and massivc structures and site coverage that overwhelm the surrounding area, shall be
avoided."] Possible methods includc, but are not limited to, floor area ratios, coverage, height,
bulk, and square tootage limits." The proposal to allow additional floor area tor garage space
would bring the noor mea standards for this suhdivision into closcr eonl{)rmanee with the more
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TlI1lJRON PL^NNING COMMISSION
STAFF REPORT
DF.CEMBER 12, 2011l
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recently adopted Town-wide tloor area ratio requirements.
ENVIRONMI~NTAL RI~VmW
The projeet is exempt fi'om the requiremcnts of the California Environmental Quality Act per
Section 1530 I of the CEQA Guidclines.
CONCLUSION
The Planning Commission should determine whether the proposed addition is consistent with the
direction cstablished by the Town regarding the prcvious requests tor modilications to the noor
area limitations within the Kuhns Precise Plan, and requests fllr building envelope modi lications
. .
tor the property at I Stevens Court.
FUTURE ACTIONS REQUIRE])
The Planning Commission's approval of this project action would be a recommendation to the
Town Council. Should the Commission vote to deny the project, that decision would be linal
unless appcaled to the Town Couneil. If the amendment to the' precise plan is approved by the
Town Council, subsequent Town permits would include Site Plan and Architecturall{eview
approval and building permits f()r the proposed garage, deck and staircase additions for I Stevens
Court, and any other subsequent additions lor the homes within this subdivision.
RECOMMENDATION
Stall recommends that the Planning Commission hold a public hearing on this item and
determine if the proposed application is consistent with the Town's standards lor precise
developmcnt plan amendments and the Town's recent direction regarding similar applications. If
the Commission determines that the application should be approved, it is reeommended.that the
drall resolution recommending approval of the project to the Town Council be adopted.
EXHIBITS
I. Application form and supplemental materials .
2. Planning Commission Resolution No. 95-13
3. Town Council Resolution No. 3101
4. Town Council Resolution No. 312 I
5. Town Council Resolution No. 3360
6. Draft resolutioll
7. Letter from Terry Harrison, dated October 16,200 I
8. Letter (rom Marin County Arborists, dated December 4,200 I
9. Submitted plans
TlBur~ON PLANNING COMMISSION
STAFF REI'ORT
DECEMBER 12, 2()()]
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PUBLIC HEARING
2. 1,5 & 9 STEVENS COURT; AMENDMENT TO KUHNS PRECISE
PLAN (PD #31) TO ALLOW ADDITIONAL FLOOR AREA AND
AMEND A BUILDING ENVELOPE; Ben Barncs, ct ai, owners; Ted
Wray, Applicant. Assessor Parcel No, 58-111-25,25 and 27
Commissioner Smith recused himself trom this item.
Senior Planner Watrous reviewed the Staff report.
Ted Wray, contractor, noted page 5 of the Staff report should state that the pn)posed deck
would extend eleven feetto the rear of the proposed garage, rather than to the rear of the
"proposed house," as stated i\i the report. In response to questions, he stated the erected
story poles are for the garage. The understory of the house has been recently dcveloped,
but no changes have been made to the outside of the house.
Bruce Pendergraf, 100 Saunders A Venue, San Anselmo, representing Terry Harrison, 2
Rolling Hills Road, requested that the applicant be required to have a lieensed surveyor
establish the building envelope boundary prior to construction. Ms. Harrison is
concerned regarding potential impacts trom noise,.privaey and night lighting from the
project, as many of her windows face the location of the proposed deck. The
compatibility of the proposed construction with the scale of other buildings in the
neighborhood area is a conecrn. He believes the t100r area ratio was not meant to be
applied blindly across the town; rather, each project is to be examined to maintain the
character of the neighborhood.
Mr. Wray stated he did not understand why the previous proposals to amend the Kuhns
. Precise Plan were not approved, When the landscaping matures, he felt that these homes
wilLfit into the neighborhood. The applicant believes that the deck and garage will make
the home more livable. '
Mr. Pendergraf stated that the deck creates a new activity space that cannot be screened.
He felt that screening vegetation will not grow well under the canopy of the oak trees on
the site. The mass of the garage and deck would push noise and activity 20 feet closer to
Ms. Harrison's hOlise.
Chair Stein asked if Stafl believes the boundaries as shown on the submitted plans are
accurate. Senior Planner Watrous responded that the drawings are somewhat vague, but
it has been previously determined that the existing building is within the building
envelope. In cases when a neighbor has a legitimate concern that a new building will
come close to a property line or building envclope, a survey is commonly required as a .
condition of Design Review approval, which will occur prior to construction.
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TIBURON I'J.ANNIN(i CO~IMISSICJN
MINUTES NO. :-<55 or DECEMBER 12.2001
2
Commissioner Berger noted that when this subdivision was developed, the building
envclopes were used to control the size of houses, as the Town did not have FAR
standards at that time. The proposcd garage for I Stevens Court would be within the
existing envelope. It is not an activity space. If the side window werc eliminated, he felt
that it becomes a benign addition. There are effective screening trees and other
landscaping all the site. Within the building envelope, he would allow the additional
floor area: however, he did not want this amendment to imply an approval of additional
building height. Regarding the deck, it appears that the stairs can be built tighter to the
house, without violating the building envelope. He would not encourage activity area of
the deck as proposed, and would not approve the expansion of the building cnvelope.
Commissioner Snow concurred. Rcgarding Ms. Harrison's concem, the design review
process will address the bulk and mass issues. Even one window on' the garage would
increase noise toward the neighboring house. '['he increased activity area ofth~ deck is
not acceptable.
Chair Stein stated that the proposed deck is problcmatic, and the garage should not be
approved. He reviewed minutes of previous Town meetings regarding this subdivision
back to 1980, and said that the design of the homes was a stipulation when initially
approved; the homes in this subdivision are maxed out. This is a vcry tight development.
Cypress Hollow is a similar situation, and the Council reversed a Planning Commission
decision to allow additional building there. Hc said that a great dcal of work was done by
previous Planning Commissions to establish the floor areas for this subdivision. He
statcd that building in TibLlfon is not about cstablishing a beachhead and growing from
there. As land values increase in Tiburon, residents will want to expand their houses.
These homes have been built recently and have already been allowed expansions. He
thought that it was time to hold the linc. The applicant does not live on the site and thc
neighbor would be more affected than the owner. He sees no compelling reason to allow
any change.
Commissioner Berger stated that he respectcd Chair Stein's concept of holding the line,
but he felt that the Town should be flexible to allow change to adapt to owners' needs. In
the initial approval process f()r this precise plan, thc.line that thc Town wanted held
involved the building heights and building envelopes. Within the envelope, he thought
that flexibility should be allowcd. A garage would take a car off the street.
Chair Stein added, while owners change their change ovcr time, these houses were only
recently completed. Little time has passed for the situations of these homcs to have
changed. He thought that a three-car garage might encourage larger lamilies who would
bring in more cars and guests.
Commissioner Snow stated he appreciates Chair Stcin's coneems about holding the line.
However, even though the project was completed only live ycars ago, people do return for
changes. The Town must look at each individual application, and in this case, the
proposed Iloor area change makes reasonable sense,
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.MINUTES NO. R55 OF DI.:cEMOEf< f2, lour
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TIBURON PLANNING COr-.-l~IISSION
In response to questions, Senior Planner Watrous stated that the Commission can
recommend approval of the text amendment to the Prccise Plan and not the building
envelope change.
M/S, Berger/Snow, to recommcnd approval to the Town Council of thc 1100r area
increased as rcquested; that this does not imply an approval of additional building
hcight; that the proposed garage window facing thc property at 2 Rolling Hills Road
not bc allowed on the garage; and dcnying the requcst to amcnd the building .,,'
envelope for 1 Stevens Court.
Chair Stein added the space is tight between the housc at I Stevens Court and Ms.
Harrison's home, and the construction of the garage would affect the sense of openness
between the two houses. He felt that large houses sholild not get larger for no compelling
reason.
Commissioner Berger stated that the garage would be a blank wall facing the green space.
He thought that it would not be a bothersome impaet. Regarding the building envelope
line, an owner should be allowed to use his property as he sees lit if the owner can prove
this is not a meaningful degradation or inconsistent with the approved precise plan, The
two buildings were many times further apart than the Town minimum.
Chair Stein added that the applicant is asking that former decisions by the Design Review
Board and Planning Commission be changed. He felt that this would establish a
precedent. He views a precise plan as a standard should not be amended unless there is a
compelling reason to do so. This development was debated many times by Town bodies,
with the resultant current linal decision. He also noted that the garage could become a
living area.
Commissioner Snow responded that the building envelope is not being changed by the
Commission.. He felt that the bulk and mass are not signitieant in this instance.
The motion passed 2-1-1, Stein dissented and Smith reeuscd.
The mecting was adjourned at 8:35 p.m,
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STEVE STEIN, CHAIR
Tiburon Planning Commission
ATTEST:
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SCOTT ANDERSON, SECRETARY
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TIUlJlWN PLANNIN(! COMMISSION
MINlJTES NO. 1\55 OF DECEMI3[J{ 12, 200l
4
TOWN OF TIBURON
LANLJ DEVELOPMENT APPLICATION
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TYPE OF APPLICATION
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o Tel\li:ltive SlIbdivisioll MrJp
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o Fillill s(Jhdiv!stq:I~"~.iJ~),,,.'I.i
o Pa(el,1 MilP'
o Lot l.inn Adju:;trnefll
o CHrtificilte of COlllpliilllce
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0 Conditional Use Permit 0 [)e~,i\Jn neview (Df10)
,.Q Prp.cise lJe~el(lpf1lHllt flrall 0 DesifjiJ n~'1j8w ISI<Jff lev'.:!l)
0 CUiH;eptlJillMilstur rlcHl u V ;]Ji;JrH~(~
0 f iezor ling/f'rl~zonirlU 0 Si\ln i'errT1it
() Zonillg Text Arne!ldrnrmt () Trco Permit
0 GlHlOfal Pln!\ Arlwndlllell( () UnderwolHld Wilivm
APPLICANT REQUIRED INFORMATION
SITE ADDRESS: ! '~"';--fC'\' 'r:i,j(), ((' 'L':r::~T
PARCEL NUMIlER: ,>'''','' Ii'" ',:'.-7,' :,L:/
I'ROPERTY SIZE: -l-r l..,t.::;, :i
ZONINf;: ( f.~'~'i) (~.. \,':f'-'\(:'lh"~;
OWNER OF PROPERTY:
. MAILING ADDRESS:
CITY /STATElZIP:
PIIONE NUMBER:
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API'LlCANT: (Other than Property Owner) liJ:D \."j 'I';r.,.-.,~
MAILING ADDRESS: ~) I:~))i ie'-( (' I E(Jf
CITY/STATE/ZIP: 'T"t",:',III,:CrI C\ "Vl'lrc:
PIIONENUMBER: <11(~, ':1"'." ",'=;TTi__ FAX ++-;; STlI",
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ARCIIITEd:!IlESIGNER~i::NGINEElt: ""'::U"::'r 1-1"",\" ;j'
MAtLlNG ADDRESS: -,', (, LL\.F
, CITY/STATE/ZIP:
PIIONI! NUMBER: I'AX
Please illdicalf! wil" 1m llsll!!'i.\'k ('') persons (0 whom corn!S{JOIU/c"ce should be sellt.
IlRIEF DESCIUl'TION OF PROPOSED PRO.IECT (allach sel'arah, shet'! if lIeeded):
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I. tile ul1dersignL'u llWflcr (or aur/lorized agent) of ille proptr/y herein descrihed, hereby 1lIake applicatioll for
approval of lllc plans suhmiucd ;lIld made a part of Lhi~ application ill accllnlalll:e with Llle provisions or the Town
Ordinances, and I herehy certify tliat the information given i.~ true and curn.:ct tu the hest of my knowledge and
helief.
J understand that the requested approval is for my benefit tor that of my principal). Therefore, if 1he Town
grams the approval, with or without L:omlitiOllS, alld LhaL action is challel1ged hy a third party, I will be
rcspunsihle for defending against this challenge. 11herefore agree to accept this responsibility for tldells!.: ;ltthe
l'eqlJ(.'st of the Towll and also agre!.: to defend, illdclllllify and hold the Town harmless from allY costs, claims or
liabilities arising rWlllllle approval, illcluding, Wi11lO1l1 lilllil;ulon, ;lny award of attorneys fl:es that mighL result
frol1\ the third parLy challenge.
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(If uther tlbll OWller, IIllISt have letter l'roln owner)
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00 NOT WFifrE DEl.DW THIS UNE
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, Town of Tiburon
Planning Department
1505 Tiburon Blvd
Tiburon, CA 94920
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A TIN: Mr. Dan Watrous
Subject: 1 stevens Court
24 October. 2001
I'm writing in regard to the precise plan amendment we've discussed for 1 Stevens Court.
Looking at the language you pointed out; it appears the new wording could read as follows:
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does
hereby approve of the increase in the maximum floor area established by the Kuhns Precise Plan,
suoject to the following conditions: '
1. Town Council Resolution No. 3360 shall be amended to state that "the maximum floor
area for each parcel shall not exceed 3600 square feet, exciudina the aaraae: except
that greater area is permitted if attained entirely within undeveloped space within the
existing mass and bulk of the approved house, so long as the total floor area does not
exceed the floor area ratio otherwise permitted by the Tiburon Zoning Ordinance for a
lot of this size."
This change would allow for a third garage space within the existing building envelope, and
without substantially altering the intent of the Planning Commission or Town Council in limiting the size
of the homes on Stevens Court. '
In addition, we would like to change the existing building envelope lines slightly, to include the
proposed deck, balcony + stair as shown on the enciosed plan, The idea being that currently there is
no really useful way to get to the rear yard from the public areas of the home. There is no accessible
out door place to sit, read, grow plants, BBO, dine, or play with the kids. Granting this proposal will
effectively allow these many benefits, which are enjoyed by every one else in Tiburon living in this type
of home and this ki(\d of neighborhOod.
Thanks for your consideration + able assistance.
Sincerely,
Ted Wray
JTW
cc: Ben Barnes
Burt Barnes
Horst Meyer
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i'h. Terry Hamson
2 Rolling Hills
Tiburon, CA 94920
28 September, 2001
Dear Neighbor,
Subject: Garage addition to 1 Stevens Court
We are considering" a modest garage addition to our horlle at 1 Slevens Court. It will
follow the craftsman style design of the existing house and blend naturally into the site. .
The story poles we erected mark the outside corners and height of the proposed structure.
The propOsal is' within the existing building envelope and does not require a variance. To
better visualize what we are considering to build we are enclosing plans and elevations for
. your review.
This additional garage space will eliminate having to park cars in the driveway or
street, which we think, detracts from the tranquil character of the neighborhood,
We would appreciate if you would acknowledge receipt by signing and returning a
copy of the plan in the enclosed stamped envelope. This will let the town of Tiburon know
that our neighbors are aware of and hopefully support our project.
If you have questions or concerns, please feel free to call our contractor, Ted Wray.
We both grew up here in Tiburon, Ted lives and works here still and can be reached @ .
415-435-5776,
Respectfully yours,
/
Ben + Janine Barnes
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FCB Asia. Pacific
6th Flour, Sino Plaza, 256 Gllllll..:ester Rmd, Callscw:1Y Bay, Hong Kong Tel (H52) 2892 87M F,IX (852) 2834 2721 Elmil bharncs@kh.ciJlIl
Ben Barnes
President, CEO Asia. P,lci(ic
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December 3,2001
Tiburon Planning Department
Town Hall Offices
1505 Tiburon Blvd
Tiburon, CA 94920
USA
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Dear Sir I Madam,
Re: I Steven's Court I Response to Terrv Harrison's Note of Oct 16,2001
This notc is to comment and concct information presented to you by T. Harrison in her notc
of Oct 16,2001.
Ms Harrison's homc is on an uphill slope physically located some 70 ft froni.thc side
of our home (including proposed addition). This space is heavily foliated. The visual
and audio impact on her home would be minimal.
Inconsistent with Ms Harrison's purpose oflimiting any kind of people noise on this
side of her property, she has constructed a variety of substantial patios along our
boundary, This construction involved extensive 'grading, stone work and blind
installation.
In addition, while Ms Harrison does have a couplc of windows, a deck and a staircase
on this side of her home, the vicw orientation of thc house is off thc others ide.
The affected sidc of her homc is primarily used as an entrance to hcr second unit. I
have chceked with thc Town records and this unit does not have a pennit. I assume
this permit is in application. If it is not, [ formally requcst Ms Harrison does submit
for one and, if allowcd, that the unit be brought up to codc. .
I do not understand Ms Harrison's issue on thc north I south border. Both of us have
, had it surveyed and both surveys agree on the propcrty line. Shc had started to build
stairways and install watering systems on our propcrty but stopped after her survcy.
She can explain her issues directly to us - my sense.was that this was resolvcd.
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Ms Harrison is cOlTect th~t a few years ago I did apply for a staircase li'om the living area.
That request was denied. The request that I have before you now is quite different in terms of
the size of the staircase and its location. The oak tree that Ms H~rrison mentioned was not
seen as an issue then nor is it one now. For reference, we \vill provide an arborist opinion on
the impact of our addition to the oak and its overall health Also, as point ofelarilication, the
fcnce prcviously applied lor was allowed with revision.
In summary, we have invested heavily into the landscaping and improvements to our home.
However, we have a lot oftroublc accessing thcse areas and simply enjoying the outside of
our property in a manner that would be considered normal in our neighborhood.
We would be more than willing to do additional planting to provide further scrcening should
the town or Ms Harrison consider it necessary.
Thank you for your eonsidcration.
Regards,
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Ben Barnes
1 Steven's Court, Tiburon CA 94920
bbarnes@fcb.com
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cc: Ms Terry Harrison
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RESOLUTION NO. 95-13
A RESOLUTION OF THE PLANNING CO~mISSION OF THE TOWN OF TIBURON
RECOMMENDING APPROVAL OF AN AMENDMENT TO THE FRAIGE SUBDIVISION
PRECISE PLAN TO MODIFY HEIGHT LIMITATIONS AND ADJUST THE BUILDINc
ENVELOPE FOR'LOT 2 FOR THE SUBDIVISION NEAR THE INTERSECTION OF
SPRING LANE AND ROLLING HILLS ROAD
. WHEREAS, the Planning Commission of the Town of Tiburon doe~
resolve as follows:
ASSESSOR PARCEL NOS. 58-111-25 throuqh ~
Section ~ Findinqs,
A. On September 19, 1984, the Tiburon Town Council approved a
Master Plan, Precise Plan and Tentative Map for the Fraige
subdivision. The Precise Plan established development
parameters (including primary building envelopes and maximum
house sizes) for J single family lots.
B. On January 10, 1990, the Planning Commission amended the
Precise Plan approval in conjunction with a time extension
for the tentative map.
C. On April 19, 1995, ,the Tiburon Town Council approved an
amendment to the approved Precise Plan which modified the
bUilding envelope locations and imposed special height
restrictions on the portions of the building envelopes which
were modified.
D. The Planning Commission has received and considered an
application filed by Monahan Pacific to further amend the
Fraige Precise Plan to modify the special height limit
imposed in April 1995, modify the building envelope for Lot
2, and increase the allowable house size for all three lots.
The application c~nsists of the following:
1. Application form received 5/3/95
2. Letter from Monahan Pacific dated 6/21/95
J. Site Plan and Sections, Sheets SP, SP-l, and SP-2,
prepared by the Bradley Group dated 6/22/95
4. Roadway Grading Plan prepared by J.L Engineering
revised 6-19-95
The official record for this project is hereby incorporated
and made part of this resolution, The record includes the
Staff Reports, minutes, application materials, and all
comments and materials received at the public hearing.
Tibu{on Planning Commission Resolution No. 95-13 6/28/95
1
."
EXHIBIT NO.~_
'':) ; r'Y.~ '"2
E. The Planning Commission held a dUly-noticed public hearing
on June 28, 1995, and heard and considered testimony from
interested persons.
F. The Planning Commission finds the proposed building envelope
and height limit modifications recommended herein represent
reasonable limitations on the development of the property,
in keeping with the pattern of development in the
surrounding neighborhood. The Commission further finds that
the building envelope and height limit amendments, as
.conditioned, will not adversely affect other properties in
the vicinity.
G. The Planning Commission finds that the applicant's request
to increase the allowable floor area for homes in the
project would have a negative visual impact on adjacent
properties by increasing the mass and visible bulk of the
structures. The proposed house sizes are substantially
larger than e~isting houses in the immediate vicinity,
including the new residence at 211 Round Hill Road. The
Commission further finds that the applicant has .provided no
compelling reason to approve larger house sizes for the
project, nor demonstrated any benefit to the public health,
safety, or general welfare to warrant a change to the zoning
restrictions properly placed on the project by the Town.
H. The Planning Commission has found that the project 1S exempt
from the requirements of the California Environmental
Quality Act per Section 15000 of the CEQA Guidelines,
Section ~ Aooroval.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission
of the Town of Tiburon does hereby recommend to the Town Council
approval of an amendment of the Precise Development Plan for the
Fraige subdivision as follows:
1. The Precise Plan for the Fraige subdivision shall be amended
to modify the building envelope for Lot 2 as shown on the
site Plan prepared by the Bradley Group (Sheet S?) dated 6-
22-95, This amendment would provide a more regular
relationship between the building envelope and the edge of
the driveway turnaround,
2. Condition #0 of Town Council Resolution #J037 shall be
revised to read:
IIJ. All structures, or portions of structures, con~tructcd
within those portions of the building envelopes for
Parcels 1 and 2, as modified by this amendment, which
are outside of the envelopes as originally approved and
Tiburon PI.Jnning Commission Resolution No. 95-13 6/28/95
2
EXHIBIT NO.k-
F,L (If' )
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shown on the recorded parcel map for the subdivision,
shall be limited to 20 feet in height as measured from
existing grade along the uphill edge of the building
envelope and exten?ing horizontally across the area of
restricted height. At no point shall any structure
exceed 30 feet above existing grade. This height
limitation is indicated on the attached Exhibit A, No
flat roofs shall be permitted within the restricted
height area."
3. References to a 15' height limit contained in Condition #1
'of Town Council Resolution #3087 sha~l be changed to 20'.
4. The building envelope for Lot 3 is recognized to be that
shown on Sheet SP prepared by the Bradley Group dated
6/22/95. This reflects the envelope approved by the Town
Council in Resolution #3087. No changes to this envelope are
contemplated by this amendment.
5. Unless specifically. stated in this approval, this amendment
does not otherwise affect any specific provisions of the
Master Plan, Precise Plan, Parcel Map, Subdivision
Improvement Plans, Subdivision Improvement Agreement, Road
Maintenance Agreement, Planning Commission Resolution No.
477-90, Town Council Resolution #3087, or other approved
instruments or Town approvals associated with the project.
PASSED AND ADOPTED at a regular meeting of the Planning
Commission on June 28, 1995, by the following vote:
AYES:
COMMISSIONERS: Greenberg, Heckmann, Perlmutter,
Schrie~, Siewert
NOES:
COHllISSIONERS: None
ABSENT:
COMMISSIOtiERS: None
ATTEST:
R...\UD'L G2SE:::3EF~G, CH..;'IR\'JOi.1;\U
Tiburon Planning Commission
SCOTT ANDERSON, SECRETARY
Tiburon PlannIng CommiSSion Resolution No. 95.13 6/28/95
J
EXHIBIT NO. ''b
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RESOLUTION NO, 3101
A RESOLUTJON OF THE TOWN COUNciL OF THE TOWN OF TlEURON
APPROVING AN Al\lENDME!\'T OF THE FRc\.IGE PRECISE PLAN (I'D #31)
TO MODIFY HEIGHT LIMITATIONS AND ADJUST THE BUILDING
E!\'VELOPE FOR PAHCEL 2 OF THE DEVELOPMENT
ASSESSOR PAHCEL 1\OS. 58-111-25 THHO{IGH 28
WHEREAS, the TOWI; Council of the Town of" Tiburon does resolve as
follows:
Section 1. Findin~s.
A.
On September] 9,1984, Ihe Tiburon Town Council approved a Master Plan,
Precise Plan and Tentative !\'lap f"or the Fraige snbdivision, The Precise Plan
established development par:lmeters (including primary building envelopes
and maximum house sizes) for three single family building sites,
,
B, On January 10, 1990, the Planning Commission amended the Precise Plan
approv:11 in conjunction with a time extension for the tentative map,
~
c.
On April 19, 1995, the Tihnron Town Council adopted Hesolution No. 3087
approving an ameiHlment to the Precise Plan which modified the building
envelopc locations and imposed special hcight I'cstrictions on the portions of"
the huilding envelopes which were modified.
D. The Town has received and considered an application filed by I\lonahan
Pacific to f"nrther amend the Fraige Precise Pl:in 10 modify the special height
limit imposed in Resolntion 1\0.3087, f"urther modify the building envelope
for Parcel 2, and increase the allowable house size f"or all three parcels, The
application consists of the following:
1. Application f"orm receivcd 5/3/95
2, Lettcr f"romMonah:llr Pacific dated 6/21/95
3, Site Plan and Scctions, Shcets SP, SP-1, :lnd SI'-2, prepared by the
Bradley Gronp dated 6/22/95
4. Roadway GI'ading Plan prepared by J.L Engineering revised 6-19-95
Thc offici:ll I'ccord for this projcct is hereby incorporatcd and madc p:rrt of
this rcsolution. Thc rccord includcs thc Staff Reports, minntes, applic:ltion
materials, and all comments :lIld m:ltcl'ials reccived at the public hearings,
I
EXHIBIT NO, P
7/5/95 p, \ Or) 1
Tiburon To...m Coun:iI Resolution No. 3101
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E.
The Plann(ng Commission held a duly-noticed public hearing on June 28,
1995, and heard and considered testimony from interested persons. The
Planning Commission adopted Resolution No, 95-13 recommending approval
of the l'equested building envelope adjustment for Parcel 2; recommendino
. . D
approval with modifications of the request to adjnst the height limits on
Parcels] and 2; and recommending denial of the requested house size limit
increases on all three parcels,
F, The Town Council has found the modifications recommended by the
, . ,
Planning Commission represent reasonable limitations on the development of
the property, in keeping with the pattern of development in the surrounding
neighborhood, The Council further finds that the amendments. as.
conditioned, will not adversely affect other properties in the vicinity,
The Town Couucil fiuds that the applicant's request to increase the allowable-
house size limit for residences in the project would have a negative visual
, ,
imp:rct on adjacent properties by increasing the mass and visible bulk of the
structuI'es. The proposed house sizes are substantially larger than existing
houses in the immediate vicinity, including the new residence at 211 Round
Hill Road,. The Town Council further finds that the applicant has provided
no compelling reason to approve larger house sizes for the pl'Oject, nor
demonstrated any benefit to the pnblic health, safety, or general welfare to
warrant a change to the zoning restrictions properly placed on the project by .
the Town,
H, The Town Council has found that the pl'oject is exempt from the
requirements of the California Environmental Quality Act per Section 15303
of thc CEQA Guidelines,
Section 2. Annroval.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the
Town of Tiblll'on 'does hereby approve an amendment of the Precise Development
Plan for lhe F!':lige subdivision :lS follo\\'s:
1. The Precise Plan for the Fraige subdivision shall be amended to modify the
building envelope for Lot 2 as shown on the Site Plan prepared by the
Bradley Group (Sheet SP) dnted 6-22-95, This amendment would provide a
more regular relationship between the building envelope and the edge of the
driveway turnaround,
2, Condition #3 of Town Council Resolution No, 3087 shall be revised to read:
I
Tiburon Town Council Resolution No. 3101
7/5/95
2
EXHIBIT NO. ":J
'Y. 2- c'-P 3
"3.
All structures, or portions o[ structures, constructed within those
pOI.tions of the building envelopes [or Parcels 1 and 2, as modified by
this amcndmcnt, which are ontside of the envclopes as ol'iginally
approvcd and shown on the recorded parcel map [or the snbdivision,
shall be limitcd to 20 feet in hcight as mcasured [rom existing grade
along the uphill edge o[ the building envelope and extending
horizontally across the arca of restricted height. At no point shall any
structurc exceed 30 feet :lbove existing grade, This height limitation
is indicatcd on the attached Exhibit A, No fiat roofs shall be
permitted within the restricted beight arca,"
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3, Rcfcrences to a 15' hcight limit contained in Condilion #1 of Town Council
Resolution No, 3087 shall be changed to refiect a 20' hcight limit.
4. The building envclope for Parcel 3 is rccognizcd to be that shown on Shect
SP prepared by the Bradley Group dated G/22/95, This rcfiects the envelope
approved by the Town Council in Resolution No. 3087, ."'0 changes' to this
envelope are contemplated by this :lIllendment.
5,
(iulcss specifically stated in this approval, this amendment does not otherwise
affecl any specific provisions of the Master Plan, Precise Plan, Parcel !\lap,
Subdivision Improvement Plans, Subdivisionlmprovement Agreemcnt, Road
J\1aintcnance Agreemcnt1 Planning Commission Hesolution 477-901 Town
Council Resolution No, 3087, or other approved instruments or Town
approvals associated with the subdivision project:
~
PASSED A!\'D ADOPTED :It a regular mceting of the TibuI'on Town Council
on July 5,1995, by the [ollowing vote:
AYES:
NOES:
ABSENT:
COUNCIL!\IE!\IBERS: Ginalsl;i, Nygr'en, Thayer & Wolf
COUNCILME!\IBERS: !\'onc
COUNCIL!\IE!\IBERS: Thompso'n
I
ATTEflZk_
DIANE CRANE, TOWN CLERK
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MAP.K GINALSKI, VICE-!\1A YOR
TCJ\\'N OF TIBURON
Tiburon Town Council Resolution No. 3101
7/5/95
3
EXHIBIT NO.?
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RESOLUTlON NO, ~121
A RESOLUTION OF THE TOWN COVNCfL OF THE TOWN OF TIBURON
Ar'vIENDING THE FRAIGE PRECISE PLAN
(PLANNED DEVELOPMENT NO.3 I) AND SUPERSEDING
PREVIOUS RESOLUTIONS THEREFOR
(1,5 & 9 STEVENS COURT)
ASSESSOR PARCEL NOS. 58-111-25. 26 & 27
\VHEREAS,the Town Council of the Town ofTiburon does resolve as follows:
Section.L Findin~
A. On September 19, 1984, the Tiburon TO\vn Council approved a tI'laster PIan, Precise Plan
and Tentative Map for the Fraige subdivision. The Precise Plan, in Resolution No. 2261,
established development parameters (including building envelopes and maximum house
sizes) for three (3) single filmil)' lots. Some of the conditions of this Resolution were
modified by the 3doption in 1990 of Planning Commission Resolution No. 477-90.
B.
On April] 9. 1995, the Tibllron Town Council approved an amendment to the Precise Plan
by adopting Resolution No. 3087, which modified the building en\'elope locations and
imposed special height restrictions on portions ofbuilcling envelopes.
C. On July 5, 1995, the Town COllllcil Ilpprovcd Resolution No 3 101 which further amended
the Precise Plan by modif)'ing building envelopes and height I"cstrictions,
, D, The Town Coullcil has receiwd and considered iln appliclllion liled by Monahan Pacific to
further amend the Fraige Precise Plan to modify the requirement that four parking spaces
be located within the building envelope for each parcel, and to allow for fencing outside of
the building envelope, The application consists of the following
I. Application form received 81"23/95
2. Letter from tllonahan P;lcitlc dated 8/29195.
3. Site Plan ana Sections, Sheets SP, SP-]. and SP-2. prepared by the Bradley Group
dated 6/22/95.
The Planning Commission reviewed the application at a public hearing held on September
]3,1995 and adopted Resolution No. 95-16 recommending approval of the application
and co'nsolidation of previous conditions of approval The Planning Commission
'''"'~-'''' subsequently re-heard the matter on remand from the Town Council and on September 27,
] 995, voted to make a minor amendment to Condition No.5 of ils resolution. .
Tiburon Town Council
Resolution No, 3121
10/4/95
1
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E.
Because of the numerous PI"Cvious modifications to the Fraige Precise Plan, involving four
prior resolutions, the Town Council with assent of the applic:mt is taking this opportunity
to consolidate the remaining applicab]e conditions of approval on the Precise Plan, and
supersede the previous Reso]utions approving the Precise Plan.
F. The official record for this project is hel'eby incorporated and made part of this resolution,
The record includes the Staff Repons. minutes, application materials, and all comments
and materials received at the public hearing
G. The Town Council held a duly-nmiced public hearing on September 20, 1995. and heard
and considered testimony from interested perSOns The Town Council rcm:mded the item
to the Planning Commission for ilddilional review and re-heard the ll1illter on October 4.
1995,
H. The Town Council finds the pill'king andtencing amendments approved hcrein represent
reasonable limilillions on the development of the propeny, in keeping with the pattern of
development in the surrounding neighborhood, The Town Council funher finds that the
proposed illnendments, as conditioned, wil] nOI ac!vcI'sely aflecl olher properties in the
vicinity, Consolidalion of the remaining iIPp]icab]e conditions of appr'oval will reduce
future confusion ilS individua] homc applications are processed,
L
Thc Town Council iincls rh:u tire pro,iecI is exempt I'romthe requiremellls of Ihe California
Environmenlill Qualit'y Act per ScclJon ] 5303 01' the CEQA Guiclelines.
Section 2. AI2proval
NOW, THEREfORE, GE IT RESOLVED that the Town Council Corllmission of the
Town ofTiburon cloes hereby approve amendmcllIS to, and conso]idille herein, the previously-
adopted conditions 01' appl'Ov111 for the fraige Precise Plan (Planned Deve]opment No. 31) as,
follows:
], This Precise Plan appro\'es rhl'ce building sites l'or single linnily detached homes,
2, Building cnvelopes for tire three parce]s :lre sho\vn onlhe Cir1!\\ing dilled 6/22/95 by the
Bracllcy Group, Sheet SI)], onll]e wilh Ihe Town ofTibul'on P!illlning Dcpanment No
Slr'UClures shall be perr'llitted oUlsic!e Ihe ilpprovcd building cl1\'clope for each parcel
except driveways, retaining wal]s associ:lled with driveways, anel fencing. A]] fencing,
even if less than 3 y, feet in height, Shill] receive Sile Plan 8:. Archilcctural Review
approval
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"--~-AlI structures located within those highlighted portions of the building envelopes for
Parcels I and 2, as shown 011 the atllrched Exhibil "A". shall be limilcd to 20 feet in height
as measured lI'om e,xisting grilde along the uphill edge of' the building envelope ilnd
Tiburon Town Council
Resolution No, 3121
10/4,'95
2
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extending horizontally across the area of restricted height. Notlat roofs shall be permitted
within the restricted height area. At no point shall any structure cxceed 30 feet above
existing grade in any portion ofa building envelope,
4,
The l1la"imul1l gross floor orca for each parcel shall not e.,ceed 3,600 square fect,
including the goroge
5.
A'minil1lum offour (4) parking spaces shall be provided on each parcel, two spaces within
the building envelope and two spaces bet\veen the building envelope and Stevens Court on
the driveway approach to the residence The hammerhead ilrea. as re~uired for emergency
vehicle turnaround by the Tiburon Fire Protection District, is defined as shown on
attached Exhibit "B", The wings ofthe,hal1lmerhead may be available for parking, one
wing to be used by Parcel 2 as a driveway and count for required parking, and the other
wing shall be al'ailoble for e,cess guest parking within the subdivision.
6,
All structures shilll be subject to Site Phn 8:. Architccturol Rel'iew approvol by the Town.
Each residence shall be compatible with the surrounding neighborhood ilnd shall conform
with the Tiburon Hillside Design Guidelines.
7.
. In conjunction with the first Site Plan and Architectural Rel'iew ilPpliciltion submittal for
the subdivision, a landscape plan shilll be submined for review ilnd approval by the Design
Review Board. Said plan shall prol'ide for iln oppropl'iate Iilndscilpe screen' between the
pri"ote access roildllil)' ilnd adjClCent upslope propcnies, This screening shall be installed
in conjunction with the construction of the lirst hOllse in the subcli\'ision. The purpose of
thc lilndscop:ng shall be to screcn vie\':s ol'the occess road from the upslope neighboring
propenies The screen sh:111 be designed to use a \'ariet}' of plant spc':Ies and types for the'
purpose of creating iln informed ilnd niltural-Ioo~ing screen rilther tlun a fonwll and
monotonous hedge
Prior to the issuance or'the first building permit for the subdi\'ision, a monetary security
adequate to ensure the inStilllation and milintenance or'the landscape screening shall be
deposited with the Town, The deposit shall be refunded not less than three (3) years after
satisfactory completion and successful establishinent of the landscape screen,
.8 No grading or eilnh mO\'ement slnll be permilled \\'lIhin the presently existing dripline of
the oilk tree on Pilrcel I. Construction fencing shall be installed and maintained along the
,edge of the oak tree dripline prior to the commencement ol"any grading. site preparation.
or construction octi\'ity
9.
The site preparation and construction on Parcel 3 shall be carellllly performed in order to
mll1imize impocts on nearby tl ees Construction fenCing shall be II1stalled ond maintained
along the c1lipline of potentially afTected oak trees prior to the commencement of any
grading, site preparation, or constrdction activity.
Tiburon Town Council
Resolution No. 3121
10:4/95
3
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Prior to the issuance of a building permit for any parcel in the subdivision, an appropriate
instrumcnt shall be recorded with the i'darin County Recorder's Office which modifies the
configuration of the Access and Utilities Easement shown on Pk! 5-90 to be consistent
with the approved Precise Plari. This condition specifically refers to the easement line
across Parcel 2 [n addition, the stated purpose of the e:,semcnt across Parcels 1 and 2
shall be expanded to include landscape screening oS required by Condition No 7 above.
]], Prior to issuance ofa building permit. the Town Engineer sl1:11! review the drainage plans
of individual parcels for conformance with the Town's Single Lm1ily Drainage
Requiremcnts.
12, All applicable conditions of the Tiburon Fire !'rotection District shall be met prior to
issuance of a building permit.
]'3, Connection to Sanitar'y District NO.5 is rCCluired. >\11 ilpplicable conditions ofthe District
shall be Illet prior to issuance of a building permit.
14. Domestic water supply shall be pro\ided bl' ~!ariI1 klunicipal W:ller District. All
applicablc conditions of the District slt:111 be mct prior to issu:mce of a building permit.
] 5,
Hours of construction shall be limited to those set fonh in Ch:lllter 13 of tile Tiburon
]Vlunicipal Code
16.
Cut ilnd nil areas. or ollter disllll.bcd ground shall be protected from '2f05iCln as ne~decl,
promptly after' the work is cClmplctccl. as di,'Cctecl by :1 ~u:Jiilled soils engincer
Section 3. Prior Rcsolutions SUlJerseded.
Town Council Resolutions No. 2261. 3087, Clnd 3 10 I: Clnd Planning Commission
Resolution 477-90 are hereby superseded by this Resolution,
PASSED r\ND ,>\DOrTED <i1:t regul:lIl11celing of lite TOI'.'1l Coullcil on October 4, 1995,
by the following vote
AYeS
NOES
ABSENT
COUNCIL~'[ErvIBERS: Tlt:1ver. Thol11pson 8: \\'olf
COUNCIL~IE~IBERS Ginalskl8:".'l'grcll
COUNCIL~IEr\'IIlERS. None
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Tiburon Town Council
4
Resolution No. 3121
10/4/95
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ATTEST
Tiburon T own Council
Resolution No 3121
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ANDREW THOrvfPSON1A YOR
TOWN OF TIBURON
10/4/95
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RESOLUTION NO. 3360
A RESOLUTION OF TI-lE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING AN Al'vLENDMENT TO THE KUHNS PRECISE PLAt'! (PO #31)
TO ALLOW INCREASED FLOOR AREA
ASSESSOR PARCEL NO. 58-111-26
W['LEREAS, on July 28, 1999, the Planning Commission held a public hearing to consider
the approval of an amendment to the Kuhns Precise Development Plan to increase the maximum
floor area permittcd for each parcel within this subdivision, proposed by Tom and Susan
Gallagher (" Applicants"), the owners of the property developed with an existing single-family
residence at 5 Stevens Court; and
WHEREAS, after receiving public testimony and considering the application, the
Commission determined that the proposed amendment would allow the expansion of the existing
single-family homes in this subdivision without increasing the visual mass and bulk of the homes
or disturbing the size and scale.of the surrounding neighborhood, and was therefore consistent
with the relevant policies of both the Tiburon Zoning Ordinance and the Tiburon General Plan;
and
WHEREAS, on August 11, 1999, the Planning Commission adopted Resolution No 99-
13 recommcllding to the Town Council that the Precise Plan Amendment be approved;' and
WHEREAS, on September T, 1999, after hearing all testimony and reviewing all
documents on the record, including the plans modified as recommended by the Planning
Commission, the Town Council concurrcd with the findings made by the Planning Commission,
and tound that the proposed Precise Plan Amendment would be consistent with the Town Zoning
regulations and the Tiburon General Plan.
NOW, THEREFORE, BE IT RESOL VED that the Town Council of the Town of
Tiburon docs hereby approve of the increase in the maximum floor area established by the Kuhns
Precise Plan, subject to the following conditions:
I. Town Council Resolution No, 3121, shall be amended to state that "the maximum
floor area for each parcel shaIl not exceed 3,600 square feet, including the garage;
except that greater area is oermitted if attained entirely within undevelopcd sRace
within the existing mass and bulk of the approved house, so Ion" as the total floor
area docs not cxceed the floor area ratio otherwise ocrmitted by the Tiburon
Zoning Ordinance for a lot oflhis size."
Tiburon Town Council
Resolution No. 3360
9/1/99
1
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2. This approval shall in' no way alter other provisions of the Kuhns Precise Plan not
specifically described herein.
PASSED AND ADOPTED at a regular meeting of the Town Council on September I,
1999, by the following vote:
AYES:
COUNCILJvlEMBERS:
NOES:
COUNCILJvlEMBERS:
ABSENT:
COUNCILJvlEMBERS:
ATTEST~
;; ,
DIANE L. CRANE, TOWN CLERK
Tjburon Town Council
BACH, GRAM, MATTHEWS, THONWSON
NONE
HENNESSY
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MOGENS BACH, MAYOR
TOWN OF TIB'URON
H:resosfTC3 9904 .res.doc
9/1/99
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Oct. 16, 2001
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Tiburon Planning Department
Town Hall Offices
1505 Tiburon Blvd.
Tiburon, Ca, 94920
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f\EGAROING: -I Stevens Court proposal to consh'uct a new single car garage
and deck addition.
Deaf Planning Departl11ent Menlbers,
My name is Terry Harrison. I live at 2 f\olling Hills Ed, the property directly
adjacent to 1 Stevens Court.
On Oct. 12, 2001, I received a letter dated Sept. 28, 2001, from the' property
owners, Ben and Jarline Barnes. The letter included drawings and explained
their intention to build the following onto their existing house: 1) a new garage
addition with windows; 2) a new deck; 3) new deck walkway and privacy
screen, '1) a staircase from second story of house to ground level; 5) a new door
frolll existing residence onto the new deck; 6) another new people door at rear of
new'garage to the new deck.
As I recall a few years ago, these same property owners proposed to the Planning
Department a very similar intent. And as I recall, the entire proposal was
denied. Also, when the three houses were originally built on Steven's Court, it
was determined by the Design Eeview COlllmittee, that each of the three house
were I'maxed out" for their lot coverage and floor area ratio, and thus, no future
additions or building would be permitted outside existing external walls. It was
understood that the existing building envelopes on all three of the houses could
not be expanded. When I received notice from the city a few months ago, of the
Barnes proposal to develop/add existing rooms to their home on the inside,
(under construction now), I inquired of the city if any exterior additions were
proposed, and thc:ans'vvcr was no.
Also, a heritage oak tree exists in close proximity to the proposed construction.
Protection of this tree was deenlcd a primary reaSOll, a few years 3g0r tl18t the
first proposal to expand and add on to the house in this area, as well as add a 6
foot high fence around the entire property, was considered and denied. It was
determined at that time that the tree was indeed to be protected from
construction any where within its imll1cdiate boundaries.
This is all important to me, "S the tree sep8rates the two properties and provides
privacy screening. It is a very old, Zlnd a very bC;'lutiful tree. It would "tC'lke-two
hundred years to replace it. The tree would be impacted, as well as required to
be trimed, if the proposed deck and staircase were built,
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Also, be aware that there is a property line dispute between the two properties.
*****************************************'
Regarding the present proposal to add a single car garage and deck, I would be
. willing to support the project with the following changes:
-1) establish the common north/south property line by survey to the mutual
satisfaction of both parties. Comply with side yard set back and clearance to the
existing heritage oak.
-2) delete illwindows in new garage.
-3) delete proposed deck, exterior stair case, and privacy screen
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-4) delete proposed door from existing residence to proposed deck
-5) delete proposed people door from rear of new garage. (a new door could, be
added at side to existing garage for access to existing house,)
-6) provide additional native screen planting around new addition.
-7) agree to no new exterior lighting.
Please understand that three bedrooms, and the kitchen of my house look into
the south side of the property at issue here.. The Steven's Court house already
has many windows and much activity on this south side. The proposed
additions would only encourage more activity, noise, lights and fmther degrade
the privacy between our residences.
For all the afore mentioned reason, I respectfully request that you agree with
these changes or once again deny the proposed addition to 1 Steven's Court.
Thank-you for your time and attention in reading this letter.
Yours kindly,
Terry Harrison
2 Rolling Hills Rd., Tiburon, Ca. 94920
415-435-6577, home phone.
cc: Ben and Janine Barnes
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FCD A.sia . Pacific
6th Floor, Sino PlaZ:1, 256 Clollcesrer l\llad, C:\lJSew~lY 13:1)" I'hlll!,!: K(;ng Tel (852) 2892 87M bx (852) 2834 2721 Email bh:lT"Il~S@ftb.colll
Ben Barnes
Pn:sidcllt:, CEO Asi,j . Pacific
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December 3, 2001
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Town Hall Offices
1505 Tiburon Blvd
Tiburon, CA 94920
USA
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Dcar Sir / Madam,
Rc: 1 Steven's Court / Response to Ten'v Harrison's Note of Oct 16,2001
This notc is to comment and correct information prescnted to you by T. Harrison in her note
of Oct 16,2001.
"
Ms Harrison's borne is on ill uphill slope physically located some 70 ft from the side
of our home (including proposed addition). This space is heavily loliated. The visual
and audio impact on her home would be minimal.
Inconsistent with Ms Hamson's purpose of limiting any kind of people noise on this
side of her property, she has constructed a varicty of substantial patios along our
boundary. This construction involved extensive grading, stone work and blind
installation.
In addition, while Ms Harrison does have a couple of windows, a deck and a staircase
on this side ofhcr home, the view orientation ofthc housc is off the othcrside.
The affected side of her homc is primarily used as an entrance to her sccond unit. I
have checked with thc Town rccords and this unit does not have a pcrmit. I assume
this permit is in application. Ifit is not, r fOl1l1ally request Ms Harrison does submit
for one and, if allowcd, that thc unit be brought up to code.
I do not understand Ms Harrison's issue on the north / south border. Both of us have
had it surveyed and both survcys agrec on the propcrty line. She had started to build
stairways and install watcring systems on our property but stopped after her survey.
She can cxplain her issues directly to us -my scnse was that this was rcsolved.
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Ms Harrison is con-ecl that a few years ago I did apply for a staircasc from the living area.
That request was denied. The request that I have before you now is quite diffcrent in tenns of
the size of the staircase and its location. Thc oak trec that Ms Harrison mentioned was not
seen as an issue then nor is it one now. For reference, we will providc an arborist opinion on
thc impact of our addition to the oak and its overall health Also, as point of clarification, the
fcnce previously applied for was allowed with revision.
In summary, we have invested heavily into the landscaping and improvcments to our home.
However, we havc a lot of trouble aeecssing these areas and simply enjoying the outside of '
our property in a manner that would bc considered nonnal in our neighborhood.
Wc would be more than willing to do additional planting to providc further sercening should
thc town or Ms Harrison consider it necessary.
.....
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Thank you for your consideration.
Regards,
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Bcn Barncs
I Steven's Court, Tiburon CA 94920
bbarnes@fcb.com
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(bb10230 I)
cc: Ms Tcrry Harrison
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ARBORISTS
December 4, 200 1
CERTII'l!!D ARBORIST ~ffT7
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Ben Bams
I Stevens Conn
Tiburon, CA
DEe 0 'J ZOOl
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Re: Construction impact to existir.g Ceast Live Oak tree.
Dear Ben;
The location of the new garage will keep it out of the tree protection lone and out of
harms way to the large Coast Li"e Oak tree that is located along the left side yard.
The new deck will extend close to the canopy and some branches will need to be pruned
to' accommodate this structure. Since this is being built on piers the impact to the root
system will be minimal.
It is my opinion that this tree wiJJ not experience any changes in health due to the
addition of the garage or deck.
This tree will benefit from crown cleaning and thinning the heavy and long limbs. T'\'e
enclosed an estimate for the costs of completing this work.
If you have any further questions please call me at 415 457-8733
sincey
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./' MARIN COUNTY ARBORlSTS
Louie Brurm
ISA certified morist 5695
~ SOtITHBRN MARIN
__\(-~. __. .(415) 38!-TRBB ____.m
.P.O. Box 2538
- San Rafael, CA 94912 - -
NORTHERN MARIN
(4B) 4~7-TREE
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Tiburon Planning Department
December 10, 2001
Town Hall Offices
1505 Tibmon Blvd,
Tiburon, Ca. 94920
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REGARDING: 1 Stevens Court petition to amend existing building envelope /
response to Mr. Ben Barnes letter of December 8rd, addressing the Planning
Department, from Terry Harrison, adjacent property owner: 2 Rolling Hills Rd.
Dear Planning Department Members.
Yesterday, I received a letter from Mr. Barnes addressed to your department.
In addition to my letter of Oct. 16th, and in response to the above, I would like
to make the following additional comments concerning the proposed
construction of a new garage, deck and exterior staircase, at 1 Stevens Court.
Yesterday, I tried to find two previously existing property markers on the
uncertain boundary line between the two properties at issue. One permanent
marker, on the paved street, resulting from development of the Stevens Court
Project was very visible. Another one existing for the 24 ,years I have lived
here, couldn't be found. It was a large metal pin driven into the trunk of a
boundary line heritage oak tree, most likely 48 years agu when this pruperty
was developed. Because the proposed garage addition closely approaches this
"unmarked and undefined bO'undary line", I would like to request that the
applicant for the new work have this boundary line established by a licensed
surveyor and that any new work be respectful of this line.
Additionally, I live up slope, in close proximity tu, and louk down on Mr.
Barnes property, therefore, people activity, noise and night time lights are a
major concern. To my awareness, the only people ever living at the
1 Steven's Court property have been different tenant families, all with large
household numbers of people. Piano's, T.V.'s, musical sound systems,
conversations and even babies crying are often heard with ,ease. Contrary to
comments made in one of Mr. Barnes letters, I have no sound barrier walls
and there is only an open wood lattice fence separating the properties in a
few locations. Because the kitchen and family room of 1 Steven's Court face
my house, I am exposed to the lights, noise and activities oftheses spaces
through out the d::JY and often late night hours. Garage lights and landscape
Iight.s are also highly visible and often left on all night thus disturbing
sleeping conditions in the three bedrooms of my house that face Mr. Barnes
residence.
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My.concern is that the proposed addition of deck, stair and garage will not
only add to these privacy issues, but also push the noise, otfending light and
people activity that much closer t.omy house. The proposed deck will also
result. in raising t.he existing out.door act.ivit.y from ground level where it. is
less visible, t.o more eye level t.o my residence. Please reali7-e t.hat. t.here are
17 windows and t.hree doors t.hat. look t.owards t.his proposed addit.ion.
In summary, for t.he reasons st.at.ed above and in my lett.er of Oct.. 16, 2001 t.o
t.he Tiburon Planning Depart.ment. on t.his issue, I request. t.hat. t.he pet.itiori t.o
amend t.he existing building envelope of 1 St.evens Court be denied. If t.he
Department elects to allow some new construction, I urge you t.o respect IllY
concerns and not. allow any new ligbt.ing, windows, st.air or deck as well as
provide new under st.ory screen planting and clarify t.he propert.y line
discrepancy.
Thank-you very kindly for your t.ime and concern in evaluat.ing t.he proposed
amendment and impacts ofrest.ructuring a precise building environment
standard for t.he St.even's Court. property and consequential result.s t.o
Tiburon homeowners and future development..
Terry Harrison
2 Rolling Hills Road
Tiburon, 415-435-6577
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TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 2/6/2002
If
To:
From:
Subject:
Date:
Rev. By:
MAYOR & MEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR ~..
TRAFFIC MITIGATION FEE REPORT AND UPDATE
JANUARY 30,2002 C\
ALEX MCINTYRE, TOWN MANAGER ~
BACKGROUND
At its meeting of January 16, 2002, the Town Council received a report containing recommcnded
findings regarding unexpended traffic mitigation fees collected by the Town of Tiburon since
1996. The Council took testimony from interested persons (there were none) and continued the
item to February 6, 2002 in order to provide the 15 day public review period for the report and
findings
The matter now comes before the Town Council for final public input and possible adoption of
the findings, A resolution setting forth the findings is attached as Exhibit I, The Staff Report
from the January 16,2002 meeting is attached as Exhibit 2,
RECOMMENDA nON
Statfrecommends that the Town Council take any public testimony on the item and adopt the
attached Resol\ltion
EXHIBITS
I. Draft Resolution,
2, List of Circulation System Improvements and estimated costs from Resolution 3 162,
/scottltratlic mitigation fce rcport::2.Joc
TlBURON TOWN COUNCIL
STAFF REPORT
21612002
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
. OF THE TOWN OF TlBURON MAKING CERTAIN FINDINGS REGARDING FEES
COLLECTED FOR TRAFFIC MITIGATION PURPOSES
The Town Council of the Town of Tiburon does hcrcby resolve as follows:
WHEREAS, thc Town ofTiburon has collected certain traffic mitigation fees since
adoption of Resolution 3162 in 1996, Pursuant to the California Governmcnt Code, the Town
Council is required to make certain findings relative to unexpended funds collected for such
purposes after the fifth fiscal year in which the initial deposit is made, and
WHEREAS, thc Town has preparcd the rcquired documentation regarding the fees
and such documentation has been available for public review for at least fifteen days, and
WHEREAS, thc Town Council received the required documentation in the form of
a Staff Report at its meeting of January 16, 2002 and held public hearings on the matter on
January 16, 2002 and February 6,2002.
NOW, THEREFORE, BE [1' RESOLVED, by the Town Council of the Town of
Tiburon does hercby make the following findings relative to its unexpended traftic mitigation fees.
1. Purpose of Ihe Fees. The Town Council finds that the purpose ofthc traffic
mitigation fees is to maintain major intersections within the Tiburon Planning Area
operating at acceptable levels of service. Acceptable levels of service are set forth
on p. 4 of the General Plan Circulation Element; the list of specific improvcmcnts
required to maintain such levels of service is set forth on pp. 10-12 of the
Circulation Element, The General Plan Circulation Element is available for
public review at Tiburon Town Hall and at the Belvedere,Tiburon Public Library,
2, Reasonable Relationship Between the Fees and the Pnrpose for which they
are Charged All traftic mitigation fees arc based on the pro rata share of traffic
impact for each developmcnt project from which the fees are exactcd, The Town
Council finds that thc justification and the mechanism for calculating fces arc
adequately set forth in Town Council Resolution No.3 [62, availablc for public
review at Tiburon Town Hall, Further detail is available in the li'affic Mitigation
Fee Study, Town of Jlburon, pr'epared by RKH Associates and dated March 15,
1995, and in the Supplemental Leiter from RKH Associates dated March 20,
1995, Both documents are also available for public review at Tiburon Town HalL
Tiburon Town COllllcil
Re.wll/tiol1 No.
2j(j/]()()]
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3, Sources and Amounts of Fundiug Anticipated to Complete Financing of
Improvements, The total cost estimate for thc complete list of improvements in
the Circulation Element is $4,178,000 (in Dccember 1994 dollars), The
Circulation Element, in Policy C,3, acknowledges that
"Funding has not been identified for all of the circulation improvements set
forth in this Element as necessary to maintain acccptable levels of service,
nor ean Caltrans approval of circulation improvements be guarantecd,"
This is largely becausc the amount of remaining development potential in the
Tiburon Planning Arca is relatively small, while circulation improvements are quite
expensive, Furthermore, not all anticipated future traffic gencration will be caused
by ncw development; new development pays only its fair share. The Town is
aware that other sourees of funding, including from the State Highways Division
(Caltrans), Marin County Congestion Management Agency, Metropolitan
Transportation Commission, Marin County, City of Mill Valley, City of Belvedere,
and miscellaneous other grant funding sources will be requircd to supplement the
Town's trallic mitigation fees and any available Tiburon General Fund revenues in
constructing the rcquired improvements. The amount of funding needed Irom
other sources is roughly $1,5 to $2,0 million, most of which would probably be
focused near U, S Highway 101.
With respect to the CSIF, the Town has already appropriated funds in its FY2001-
2002 Capitallmpmvementl'mgram for improvements at Ned's Way ($50,000),
and at Recd Ranch Road ($50.000), The Town has also accepted "concept
drawings" for widening ofTiburon Boulcvard at the Trestle Glen Boulevard
intersection, and has completed a technical study for interconnection oftraf1ic
signals along the length ofTiburon Boulevard, The cost of these latter projects
would exceed the available funds in the CSIF, The Town Council finds that until
such time as adequate lunds are accumulated or other funding sources secured, the
Town will not proceed with construction of these latter improvements,
With respect to the PAMF, thc primary improvement listed in the Circulation
Element is for capacity improvements at the southbound otl~ramp of U: S.
Highway 101 at the East BlithedalelTiburon Boulevard intersection, The
estimated cost of this improvcment in the Town's Circulation Element is $717,000.
The Town Council finds that the cost of this project alone far exceeds the amount
of money in the Town's PAMF account; therefore, the Town will not expend this
money until such time as sullicicnt funds are identified 10 carry out the project.
The Town intends to contribute to this effort at such timc as funds are available to
proceed, However, a major contribution of lunds frorn sources other than the
Town ofTiburon will be required to make this improvement possible.
Tihuroll Town CU/lJlcil
He.wlwio/l No.
]/(j/]()()]
2
4. Approximate Dates When Necessary Funding is Anlicipated to be
Deposited.
The date will vary for each circulation improvement project. Many of the
signalization improvements will not be possible until such time as a
particular intersection meets Caltrans warrants for signalization, Other
projects, such as improvemcnts to U S Highway 101 interchanges, will
largely be dependent upon Caltrans (State) timing and funding, The Town
Council finds that due to the cost and complexity of major projects, it is
not possible to provide specific dates for the securing of additional funds
necessary to complete the improvements, Ballpark estimates for the U. S,
Highway 101 improvements are completion within five (5) years, while
localized Tiburon Boulevard improvements are likely to be completed
anywhere within the next six (6) months to three (3) years,
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
ofTiburon, State of California, hcld this _ day of ,2002, by the following vote:
AYES:
COUNCILMEMBERS
NOES:
COUNClLMEMBERS:
ABSENT
COUNCILMEMBERS
. HARRY S MATTHEWS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE lACOPI, TOWN CLERK
trafli!.: tees rcso.uoc
'l'ihuron Town Council
HeSO/lll;on No.
]/61]00]
3
G;JLLuE J!;,.".: ..,.('
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TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 1/16/2002
,
To:
From:
Subject:
Date:
Rev. By:
MAYOR & J\olEMBERS OF THE TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR
TRAFFIC MITIGATION FEE REPORT AND UPDATE
JANUARY 7, 2002
ALEX MCINTYRE, TOWN MANAGER
BACKGROUND
The Town began collection of its current cycle of traffic mitigation fees in FY 1996-97, pursuant
to Town Council.Resolution No, 3162, effective July IS, 1996. State law requires that during the
fifth fiscal year following deposit of the first fee deposited in such accounts, the legislativc body
must make certain findings regarding thc uncxpended funds, '
This report scts forth the status of the Town's traffic mitigation fee accounts and makes the
findings required by law
TRAFFIC MITIGATION FEE ACCOUNTS
The Tiburon General Plan Circulation Element contains a list of "Propos cd Circulation System
Improvements" necessary to keep the Town's major interscctions operating at acceptable levels of
service. Somc of the listed improvements arc locatcd within Town corporate limits while others
are (at least currently) within the unincorporated "Planning Area" of the Town ofTiburon
Therefore, the Town has created two traffic mitigation fcc accounts into which fee exactions from
new development arc deposited; one account for "in-Town" projects and the other for "Planning
Area" projects, These accounts arc as follows:
Circulation System Improvement Fund (CSIF) This fund collects exactions for
improvements within the Town's corporate limits. The current balance is approximately
$140,000.
Planning Area Mitigation Fund (I'AMF): This fund collects exactions for improvements
within the unincorporated portions of the Tiburon Planning Area, The current balance is
approximately $175,000,
TlBURON roWN COUNCIL
ST AF': RE!POR r
1/16/2002
I
EXHIBIT l'TO,~_
Prior to the adoption of Resolution No. 3162 in 1996, the Town collected all traffic mitigation
fees in a single account known as theTiburon Boulevard Mitigation Fund, All the funds in that
account were properly expended ycars ago on Tiburon Boulevard improvements and the account
was closed,
ANALYSIS
State law requires the following topics to be addressed, and findings made, with respect to
unexpended funds in the Town's traffic mitigation fee accounts, In making the findings, reference
to existing public documents containing the pertinent information is allowed under the State law,
I. Purpose of the Fees
The Town Council finds that the purpose of the fees is to maintain major intersections within the
Tiburon Planning Area operating at acceptable levels of scrvice. Acceptable levels of service are
set forth on p. 4 of the General Plan Circulation Element; the list of specific improvemcnts
required to maintain such levels of service is set forth on pp. 10-12 of the Circulation Element,
The General Plan Circulation FJement is available for public review at Tiburon Town Hall and at
the Belvedere- Tiburon Public Library.
2. Reasonable RelationshiD Between the Fees and the Purpose for whieh they are Charged
All traf1ic mitigation fees are based on the pro rata sharc of traf1ic impact for each development
project from which the fees are exacted, The Town Council tinds that the justification and the
mechanism for calculating fees are adequately set forth in Town Council Resolution No. 3162,
available for public review at Tiburon Town Hall. Further detail is available in the '1i'affic
Mitigation Fee Stllt{v, 7c)wn oj lihuron, preparcd by RKH Associates and dated March 15, 1995,
and in the Supplemental Letter from RKH Associates dated March 20, 1995, Both documents
arc also available for public review at Tiburon Town Hall.
3, Sources and Amounts of Funding Anticipated to ComDlete Financing ofImprovements
The total cost estimate (see Exhibit A) for the complete list of improvements in the Circulation
Element is $4,178,000 (in December 1994 dollars), The Circulatio/l Element, in Policy C-3,
acknowledges that
Funding has not been identified for all of the circulation improvcmcnts sct forth in this
Elemcnt as nccessary to maintain acceptable levels of service, nor can Caltrans approval of
circulation improvemcnts bc guaranteed,
This is largely because the amount of remaining development potcntial in the Tiburon Planning
Area is relatively small, while circulation improvements arc quite expensive. Furthermore, not all
anticipated future traffic generation will be caused by new development; ncw dcvelopment pays
neURON TOWN COUNCIL
STAFF r~rpORT
1116/2002
2
only its fair share. The Town is aware that othcr sourccs of funding, including from the State
Highways Division (Caltrans), Marin County Congestion Management Agency, Metropolitan
Transportation Commission, Marin County, City of Mill Valley, City of Belvedere, and
miscellaneous other grant funding sources will be required to supplement thc Town's traffic
mitigation fees and any available Tiburon General Fund revenues in constructing the required
improvements, The amount of funding needed from other sources is roughly $1,5 to $2,0 million,
most of which would probably bc focused near U. S, Highway 101.
With respect to the CSIT, the Town has already approprialcd funds in its FY2001-2002 Capital
Improvement Program for improvements at Ned's Way ($50,000), and at Reed Ranch Road
($50,000), The Town has also accepted "concept drawings" for widening ofTiburon Boulevard
at the Trestle Glen Boulevard intersection, and has completed a technical study for
interconnection oftraffie signals along the length ofTiburon Boulevard, The cost of these latter
projects would exceed the available funds in the CSIF, The Town Council finds that until such
time as adequate funds are accumulated or other funding sources secured, the Town will not
proceed with construction of these improvements,
With rcspect to the PAMF, the primary improvement listed in the Circlllatio/1 Ele/llent is for
capacity improvcments at the southbound off-ramp of U, S, Highway 101 at the East
Blithedale/Tiburon Boulevard interscction. The estimated cost of this improvemcnt in the Town's
Circulation Element is $717,000. The Town Council finds that the cost of this project alone f:1r
exceeds the amount of money in the Town's P AMI' account; therefore, the Town will not expend
this money until such time as sufl1cient funds are identified to carry oul the projcct. The Town
intends to contribute to this effort at such timc as funds arc availablc to proceed, However, a
major contribution of funds from sources other than the Town of Tiburon will be required to
make this improvement possible.
4, Aoproximate Dates When Nccessarv Funding is Anticipated to be Degosited
Obviously, this date will vary for each circulation improvement project. I'vlany of the signalization
improvements will not be possible until such time as a particular intersection meets Caltrans
warrants for signalization, Other projects, such as improvements to U S Highway 10.1
intcrchanges, will largely be dependent upon Caltrans (Statc) timing and funding, The Town
Council finds that due to the cost and complexity of major projects, it is not possible to provide
specific dates for the sccuring of additional funds necessary to complete the improvements.
Ballpark estimatcs for the U. S Highway 101 improvements are completion within five (5) years,
while localized Tiburon Boulevard improvements are likely to be completed anywhere within the
next six (6) months to three (3) years. A brief status report on specific improvements is provided
below,
TlDURON TOWN COUNCIL
S J,1P,~ R~PORT
1/161.'002
3
STATUS REPORT ON SPECIFIC CIRCULATION IlVIPROVEMENTS
Ned's Wav Merge/Acceleration Lane
The Town Council has already authoriled and funded this improvement, Caltrans issued the
encroachment permit this past month and the improvement is expected to be completed by
Summer 2002.
u. S. Highway 10 I SB Off-Ramp
Caltrans recently completed a Projcct Study Report (PSR) for capacity improvements at the
southbound off-ramp ofU. S. Highway 101 at East Blithedale Avenue/Tiburon Boulevard. This
is the first step in a multi-jurisdictional (State of California, Marin County, City of Mill Valley &
Town of Tiburon) effort to secure the necessary funding for substantial improvements at this
congestion point.
Traffic Signal Coordination/Cecilia Way Merge-Acceleration LanelReed Ranch Road Merge-
Acceleration Lane/Trestle Glen Intcrsection Widening
Thc Town rccently accepted a report by Kimley Horn Associates that recommended coordination
of traffic signals along the length ofTiburon Boulevard and installation of the other improvements
listed above. The Traffic Safety Committee has becn dircctcd to return with an implementation
plan that addresses these improvements,
Right-turn signal phase overlap at Lvford Drive. Rock Hill Road & Avenida Miratlores
The Town recently accepted a report by W" Trans and thc Tiburon Peninsula Traffic Safety
Committee that recommended installation of thesc improvements, The phase ovcrlaps would
increase level of service at the most impacted times at these intcrsections, which is during school
pick-up and drop-off hours The Tramc safety Committee will include these improvements in the
implementation plan to bc presented to the Town Council in February.
RECOMMENDA TION
Staff recommends that the Town Council take any public testimony and continue this item to the
meeting of February 6,2002 so that the formal 15 day revicw of the information, as required by
State law, may be observed before any formal action is taken, Staff anticipates formal adoption of
the findings at the February 6, 2002 meeting.
EXHIBITS
A. List of Circulation System Improvements and estimated costs from Resolution 3162,
Iscottllrani~ mitigatioll fee n:porf.uOl;
Tl8URON TOWN COUNCIL
srAFF REPORT
f/lti/2002
4
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T.\3LE A
.
TffiURON GENERAL PLAN
CIRCULATION SYSTEM Jro.,lPROVEl'vIENTS
COST COST ($I,OOOs)
INTERSECTION I1vlPROVEl'vIENT ($I,OOOs) TOTAL COUNTY TOWN
E. Blithedale Ave, & Widen approach from 3 lanes $717 $717 $717 $0
101 Off-Ramp to four lanl:s.
Tiburon Blvd. & Add through lane each way on
Frontage Road Tiburon Blvd, And !aft.rum $1,366 $1,366 $1,366 $0
lane to northbound Frontage
Road approacb,
Tiburon Blvd. & Traffic signal mterconnect $30 $30 $30 $0
Strawberry Drive
Tiburan Blvd. & Traffic signal interconnect $15 $15 I $11 $4
Blackfield Drive
Tiburon Blvd & Traffic signal $130
C~ciIia Way $150 $100 $50
Traffi(; signo,l interconnC'.;t $20
Tiburon Blvd, & Modify intersec~ion geometry $530
Reed Ranch Road and signo,lize $560 $0 $560
Tra.iTIc signal interconnect $30
TiburDn Blvd, & Add lane t:Jch way through $650
Trestle Glen Blvd, intersection $670 $0 $670
Tra.fIic signal interconnect $20
TiburDn Blvd, & Construct bus turnout arc.:! I $100 $100 $0 I $100
Stewart Drive
Tiburon Blvd, & Construct 2\Vl. TI... between ,
Neds Way San Rafael Ave, And Neds $380
Way $450 $0 $450
illterscction improvements $70
TiburDn Blvd, & Mar Traffic Signal $120 $120 $0 $120
West Street
TOTAL: $4,178 $2,224 $1,954
Source: Traffic Mitigation Fee Study, Town of Tiburon, 3/15/95
RKH Associates.
NOTE: All figures are in December 1994 dollars.
2
TABLE A
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TOWN OF TIBURON
STAFF REPORT
ITEM NO. / L
MEETING DATE: 2/6/02
To:
MAYOR AND MEMBERS OF THE TOWN COUNCIL
From:
PAT ECHOLS, DiRECTOR OF PUBLIC WORKS/TOWN ENGINEER
Subject: IMPLEMENT A nON PLAN FOR TRAFFIC SAFETY IMPROVEMENTS
DEVELOPED BY THE TIBURON TRAFFIC SAFETY COMMITTEE
Rev. By:
FEBRUARY 1,2002
ALEX D. McINTYRE, TOWN MANAGER ~
Date:
BACKGROUND
In November 2001, the Tiburon Town Council accepted the recommendations of the
Town's Traffic Safety Committee regarding the Tiburon Peninsula Traffic Safety
Committee Final Report prepared by W-Trans, a traffic engineering consulting firm
retained to work with the Tiburon Peninsula Traffic Safety Committee to clarify
problems and identify solutions to the traffic safety issues surrounding the major
schools in Tiburon. The recommendations presented in the November 5 staff report
were a result of in-depth analysis and review of the report undertaken by the Traffic
Safety Committee, a panel composed of the Tiburon Police Chief, Public Works
OirectorrTown Engineer, Public Works Superintendent and the Planning Director. The
Town Council also directed staff to develop an implementation plan for the
recommended improvements.
ANALYSIS
The W-Trans report recommended numerous area-wide improvements to enhance
traffic flow, primarily along Tiburon Boulevard and its intersecting collector streets.
Some of the report recommendations (such as installation of high-visibility school zone
warning signs) have already been implemented. Additionally, staff has included several
Tiburon Boulevard traffic safety improvements recommended in the Traffic Engineering
Technical Assistance Program (TETAP) grant report prepared by Kimley-Horn
Associates. The TETAP report focused on traffic operations/circulation along the entire
I
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Town Council
February 1, 2002
Page 2 of 7
length of Tiburon Boulevard. The following implementation plan is presented in order of
increasing cost and/or implementation time. The attached table (Exhibit A) summarizes
the proposed plan.
IMMEDIATE TO SHORT TERM, LOW COST IMPROVEMENTS
- Install a four-way stop at Rock Hill Drive and Hilary Drive that will result in overall
improved safety, This improvement can be implemented immediately upon adoption
of a Town Council resolution.
- Install crosswalks at the following locations: east side of Rock Hill Drive across
Hawthorne Drive and across Hilary Drive, north side of Hilary across Rock Hill Drive.
The crosswalks could be installed immediately in conjunction with the stop sign
installation or postponed until new sidewalks, curb ramps, etc. are constructed,
- Enhance the dual turn pocket on Rock Hill Drive near its intersection with Tiburon
Boulevard. Although there is little to no outside cost for this improvement, a portion
is within Caltrans' right-of-way and would require an encroachment permit.
- Provide striping for existing stamped concrete crosswalk on Blackfield at Corte San
Fernando,
& r(otJ- {~
- Install a no left turn sign from northbound Lyford Drive to prohibit the left turn into
the loop driveway.
- Eliminate the mid-block crosswalk fronting the housing complex at 2 Lyford Drive,
- Restripe Lyford Drive to include a 14-foot wide uphill lane and increase the right turn
pocket length, Extend the red curb along Lyford Drive to the driveway opposite the
school's uphill parking lot exit onto Lyford Drive.
Because the improvements listed above would be undertaken by the Public Works
Department personnel, the direct cost to the Town would be based the number of hours
and direct material costs (paint, signs, etc.). Staff estimates this cost to be less than
$7,000 from General Fund Reserves,
'.
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Town Council
February 1, 2002
Page 3 of 7
MID-TERM, MODERATE COST (UNDER $50,000) IMPROVEMENTS
_ Coordinate all traffic signals along Tiburon Boulevard. The coordination analysis will
include modifying the timing at the Tiburon Boulevard/Blackfield Drive intersection to
allow more "green time" to exit Blackfield Drive during school hours, on the condition
that it does not disrupt the coordination of traffic signals along Tiburon Boulevard.
The analysis will also consider increasing the "green time" for southbound left turns
onto Tibyron Boulevard from Rock Hill Drive on the condition that it will not disrupt
the coordination of traffic signals along Tiburon Boulevard. Since the signals are
within the Highway 131 right-of-way, permission must be secured from Caltrans,
Additionally, a portion of the Blackfield intersection is within the County
unincorporated area and therefore the County should also be 'on board' with the
Town's efforts.
Estimated Cost: $15,000
Funding Source: Circulation System Improvement Fund (CSIF) or Possible Future
Grant Opportunities
_ Install a sidewalk along Lyford Drive from the top of the Reed School loop driveway
to the rear (uphill) parking lot exit.
Estimated Cost: $22,000
Funding Source: Office of Traffic Safety (OTS) grant (application pending) or future
General Fund capital project. '
- Install a sidewalk along the eastern side of Rock Hill Drive between Hawthorne Drive
and Hilary Drive. This will likely involve new curb and gutter, storm drain
. modifications, curb ramp installations and a new driveway transition, Also install a
sidewalk with curb and gutter along the west side of Rock Hill Drive between Hilary
Drive and the St. Hilary School driveway.
Estimated Cost: $30,000
Funding Source: OTS grant (application pending) or future General Fund capital
project.
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Town Council
February 1, 2002
Page 4 of 7
LONG TERM, HIGH COST ($50,000 OR MORE) IMPROVEMENTS
- Install right turn overlap phasing at the Tiburon Boulevard/Lyford Drive, Tiburon
Boulevard/Rock Hill Drive, and Tiburon Boulevard/Avenida Miraflores traffic signals,
Estimated Cost: $60,000
Funding Source: Hazard Elimination Safety (HES) grant (application pending) or
CSIF
- Construct a merge/acceleration lane on eastbound Tiburon Boulevard at Reed
Ranch Road,
Estimated Cost: $70,000
Funding Source: HES grant (application pending) or CSIF
_ Construct a merge/acceleration lane on eastbound Tiburon Boulevard at Cecilia
Way,
Estimated Cost: $70,000
Funding Source: HES grant (application pending) or Planning Area Mitigation Fund
(PAMF)
_ Provide an improved connection from Avenida Miraflores along Tiburon Boulevard
to the Multi-use Path entrance near Pine Terrace,
Estimated Cost: $90,000
Funding Sourc,e: State Transportation Improvement Program (STIP) funds pending
Implementation of the mid- to long-term improvements hinges on several factors,
including secured fundingsource(s) and review/approval by Caltrans, The total cost of
the improvements summarized above (including 20% contingency) is approximately
$436,800, with only $90,000 in approved funding, As summarized in a staff report
presented at the January 16, 2002 Town Council meeting, current traffic mitigation fund
balances are approximately $140,000 (CSIF) and $175,000 (PAMF). If the Town is
unsuccessful in securing pending grants, the Council may consider utilizing the CSIF to
fund the traffic signal coordination, right turn overlap phasing, and the Reed Ranch
Road merge/acceleration lane project. It should be noted that the total cost of these
projects ($145,000) would consume the entire CSIF balance, Less that half of the
current PAMF could be used to fund the Cecilia Way merge/acceleration lane project
($70,000) In October 2001 , the Council also authorized the reallocation of $300,000 in
'~
Town Council
February 1, 2002
Page 5 of 7
General Fund Reserves toward the establishment of a new Designated Reserve Fund
called Traffic System Reserve (TSR). The Council may also consider tapping into this
fund for some of the proposed improvements.
Regarding the proposed sidewalk improvements on Lyford Drive and Rock Hill Drive,
the Council may either elect to fund these improvements from unallocated General
Fund Reserves, budget as capital projects in future fiscal years, or continue to seek
grant funding.
RECOMMENDATIONS
In summary, staff recommends that the Town Council approve the traffic safety
improvements implementation plan subject to the following funding conditions:
1. Use CSIF funds to implement traffic signal timing coordination as recommended
in the Kimley-Horn TETAP study. At the relatively low cost of $15,000, this
improvement should reap modest immediate traffic congestion benefits, Staff .
estimates that this improvement can be implemented in 2 to 4 months assuming
cooperation from Caltrans,
2, Use HES grant funding (if secured) CSIF funds to implement the right-turn
overlap phasing at the Lyford, Rock Hill and Avenida Miraflores intersection
signals along Tiburon Boulevard. This improvement should bring immediate relief
to intersection congestion, particularly during heavy commute and school drop-
off & pickup times, The phasing will also improve pedestrian safety at these
intersections. Depending on the funding source, these improvements could be
implemented within 4 to 18 months.
3, ,If HES grant funding is not secured for the Tiburon Boulevard
merge/acceleration lanes at Reed Ranch Road and Cecilia Way, staff
recommends continued pursuit of other grant funds for the next 6 to 12 months.
Only after these funding possibilities are explored would staff recommend
utilizing CSIF/PAMF funds. Implementation time for these improvements would
be one to two years depending on the funding source,
4. If OTS grant funding is not secured for the sidewalk improvements on Lyford
Drive and Rock Hill Drive, staff recommends continued pursuit of grant funding,
Staff recommends that the Town work with the Reed Union School District as
they begin to develop improvement plans for Reed School as part of their
recently passed bond measure. As plans develop, staff will evaluate how the
proposed sidewalk improvements 'mesh' with the District's campus
Town Council
February 1, 2002
Page 6 of 7
improvements, Due to the relatively low volume to school children expected to
utilize sidewalk improvements along Rock Hill Drive to access St. Hilary's, staff
does not recommend using General Fund reserves at this time, The Town
should work with representatives of SI. Hilary's to pursue funds from grant
programs such as Safe Routes to School. Depending on the funding source and
timeline for Reed School improvement plan development, these improvements
may take several years to implement.
Staff suggests that TSR funds be used for the improvements summarized in this report
only where grants are not obtained or where the Councii decides that the use of CSIF
funds is not warranted, The Council should consider preserving TSR funds for future
major improvement projects such as Tiburon Boulevard/Trestle Glen intersection
improvements and possible traffic signal at the Tiburon Boulevard/Stewart Drive
intersection, Staff also recommends that that the Town keep an open dialogue with the
Reed Union School District and St. Hilary's School regarding potential internal
circulation improvements within their own school sites for alternatives and
recommendations to facilitate a smoother traffic flow at drop-off and pick-up times on
campus, Periodic monitoring and review can detect changing circumstances and
identify opportunities for improvement. .
The implementation plan presented herein is considered a 'living' plan that should be
regularly revisited and revised/updated as new information and priorities are identified,
With the assistance of a grant writer, the Town will be in a greater position to seek and
, '
secure funding for Town traffic safety and other improvements,
~
" '.
TOWN OF TIBURON
. STAFF REPORT
ITEM NO.
13-
To: MAYOR AND MEMBERS OF THE TOWN(~UNCIL
From: ALEX D. MciNTYRE, TOWN MANAGER ~
Subject: PROPOSED REORGANIZATION - ADMINISTRATIVE SERVICES
DEPARTMENT
Date: FEBRUARY 1, 2002
As a result of the departure of the Finance Director and in an effort to centralize
administrative activities, the Town should create an Administrative Services
Department.
Administrative functions of the Town include accounting, budget preparation and
management, audit preparation, financial analysis, and the management of human
resources, labor relations, workers' compensation, risk management and information
technology, Presently, these functions are shared among and/or parceled over the
Town Manager, Finance Director and the Assistant to the Town Manager. Centralizing
these functions under one umbrella would be more effective and efficient.
Practically, the positions associated with "Administrative Services" of the Town include
the Town Manager, the Assistant to the Town Manager, the Finance Director, the Town
Clerk and the Office Clerk II (Receptionist). The amount of work that falls under these
positions is somewhat staggering. In light of the recent financial incidents in the Town,
additional staff would be helpful with both the checks and balances of the finances (as
recommended by the auditors) and to better allocate the workload over various
positions. While we are a small Town organization and certainly expected to handle the
work ranging from the complex to the mundane, a cleaner division of labor would be the
best use of Town resources,
The proposed reorganization of the Town's administrative function is shown in the
attached organization chart (Exhibit A). The Finance Director position should be
eliminated and replaced with an Administrative Services Director who will have
oversight for all administrative functions listed above The position description is
attached as Exhibit B, The proposed salary range for this position would be $5,600 to
$7,000 per month.
Town Council
February 1, 2002
Page 2 of 4
To aid in this effort, a mid-level analyst should be brought on to provide complex
analytical work. Such work would include grant writing, complex financial analysis,
personnel and labor relations assistance, specialized accounting and special projects
as required, The full position description is attached as Exhibit C. The Assistant to the
Town Manager position would be eliminated, The proposed salary range for this
position would be $4,200 to $5,000 per month, '
The Account Clerk would be responsible for the technical/clerical functions associated
with accounts receivable/payable, payroll, and business license management. The
position would be compensated at approximately $20/hour for 20 hours per week, The
full position description is attached as Exhibit D, .
In addition, the Town Council was clear in its Council/Staff retreat in January where
direction was given to focus on enhancing the Town's use of technology, Town staff
has used consulting services to manage and maintain our technology infrastructUre at
approximately $125/hour. With 25 end users, four servers, a complex network :
communication system and myriad external computer applications (e.g, the Police
Department Mobile Data computer terminals) the time has come to centralize
information technology under one "owner-manager". In fact, the Town has spent, on
average, approximately $5,000 per month on technology consultants, As technology
needs continue to grow, the need to bring technical leadership in house is ever 1l10re
evident. The Town Council should authorize the establishment of an Information
Technology Coordinator. This position would report to the Administrative Services
Director.
The position would be responsible for maintaining existing hardware, software and
network systems; determining future technology needs; development and
implementation of a complete and tailored training program; onsite troubleshooting;
website enhancements; and wired and wireless telecommunications, The full position
description is attached as Exhibit E, The salary range for such a position would be
approximately $5,000 - $6,000 per month.
Belvedere and the Belvedere-Tiburon Joint Recreation Department have both
expressed an interest in "sharing" this person, Belvedere believes that they could use
this person up to 10 hours per week and Joint Recreation would use this person, on
average up to 2 hours per week, The Town would retain the Information Technol,ogy
Coordinator full-time, calculate an hourly rate to cover the Town's costs, and hire out
the person to both agencies. On average, approximately 12 hours per week (or 1/3 the
cost) could be offset by the other agencies, Additionally, since the Town has received
COPS technology grant funds, we could further offset another 1/3 of the cost to the
COPS grants, This would result in the Town's General Fund absorbing approximately
$24,000 annually per year.
Town Council
February 1, 2002
Page 3 of 4
Fiscal Impact
In the 2001-2002 adopted budget, the Administration budget is $632,500. This is
completely funded from the General Fund. It should be noted that the Town currently
spends, on average, approximately $5,000 per month on technology consultants; this
consulting cost would be dramatically reduced. Total budget impact should be relatively
negligible.
Further, through a cost share with the City of Belvedere and the Joint Recreation
Department, the Town could offset the cost of the Information Technology Coordinator
by approximately $28,000 per year. The Town's Technology COPS grant would absorb
an additional $28,000 per year.
Through the proposed reorganization, the anticipated additional payroll cost to the
Town would be $72,314; the total additional payroll cost to the General Fund would be
approximately $16,240 per year (Exhibit F). It is estimated that outfitting the positions
(e.g" desks, chairs, computers, telephones, office supplies, etc,) would be a one-time
cost of approximately $20,000.
Since it is unlikely that theses positions would be filled sooner than April 1, 2002, the
budget amendment request for the remainder of the fiscal year would be:
Salaries
Capital
Total
$18,000
$20,000
$38,000
Some of these expenditures will be offset by the charge offs to the other agencies,
Finance & Administration Committee Action
The Finance & Administration Committee of the Town Council met on January 23, 2002
and approved the proposal and recommended that this be forwarded to the Town
Council for final consideration,
Town .Cou ncil
February.1, 2002
Page 4 of 4
Recommendation
It is recommended that the Town Council:
..
1, Approve the proposed reorganization of the Finance Department into the'
Administrative Services Department;
2, Establish the positions of Administrative Services Director, Administrative &
Financial Analyst, Information Technology Coordinator and Account Clerk;
3, Eliminate the positions of Finance Director and Assistant to the Town Manager;
and
4. Appropriate from the General Fund Unallocated Reserve $38,000 for the
remainder of the fiscal year to offset the cost to implement the reorganization.
Attachments
Exhibit A - Administrative Services Department Organization Chart
Exhibit 8 - Administrative Services Director Position Description
Exhibit C - Administrative & Financial Analyst Position Description
Exhibit D - Account Clerk Position Description
Exhibit E -Information Technology Coordinator Position Description
Exhibit F - Information Technology Coordinator Financial Analysis
Exhibit G - Administrative Services Department Position Analysis
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TOWN OF TIBURON
January 2002
ADMINISTRATIVE SERVICES DIRECTOR 13
EXHIBIT NO.
. . --
DEFINITION
Under the general direction of the Town Manager, the Administrative Services Director
is a department head position responsible for managing and performing all of the
Town's administrative services functions including, but not limited to, accounting, budget
preparation and management, audit assistance, financial analysis, and the management
of human resources, labor relations, workers' compensation, risk management and
information technology programs.
DISTINGUISHING CHARACTERISTICS
The Administrative Services Director is a full-time, exempt, management position that is
not paid overtime, The department has the assistance of an Administrative & Financial
Analyst, Information Technology Coordinator, Officer Clerk II and a part time Account
Clerk.
SUPERVISION RECEIVED AND EXERCISED
Administrative direction is provided by the Town Manager; responsibilities include direct
supervision of the Administrative & Financial Analyst, Information Technology
Coordinator, Officer Clerk II and Account Clerk.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS/DUTIES
Develop and implement goals, objectives, policies and priorities; plan, organize, direct
and control various administrative activities of the Town, including the accounting,
budget, revenue collections, business licensing, data processing, telecommunications,
purchasing, human resources and labor relations functions; direct the design,
implementation and control of automated financial systems; plan, organize and direct
the preparation, implementation and control of the Town's annual operating and capital
improvement budget; forecast Town revenues, expenditures and year-end balances;
review, evaluate and recommend improvements to the Town's administrative and
financial internal control systems and procedures and ensure audit compliance; assists
Town auditors; maintains Town's investment program; maintains fixed asset inventory;
continually conducts reviews of existing systems, procedures and policies; analyzes and
reconciles general ledger accounts; primary lead in implementing new. revenue source
exploration and debt financing; coordinate debt financing with bond counsel and with
the investment community; prepare and present financial and administrative reports and
resolutions to the Town Council; represent the Town Manager before citizens, elected
officials, committees and boards on financial and administrative matters; review,
approve and present the Department's annual budget to the Town Manager and Town
Council; provide financial information and assistance to Town departments; direct the
preparation of financial reports and analyses as required by law or as requested by the
Town Manager and Town Council; responsible for monthly PERS retirement reporting;
Administrative Services Director
Page 2 of 2
oversees accounts payable; coordinates and administers health and retirement benefits;
schedules and performs bank deposits, transfers, and withdrawals of Town
investments; administers Workers Compensation insurance and risk management
programs; prepares and delivers all financial reports required by the State and County;
responsible for updating and maintaining all information technology software programs
including hardware (P,C,s), software programs, computer networks, and communication
equipment such as telephone and cell phone equipment; supervises subordinate
personnel; participates in the management team; and perform related duties as
assigned.
QUALIFICATIONS
Education & Experience:
Any combination equivalent to experience and education that would likely provide the
required knowledge and abilities would be qualifying. A typical way to obtain the.
knowledge and abilities would be: A degree from an accredited college or university
with major course working finance, accounting, business administration, or a related
field with a minimum of three (3) years' relevant work experience, preferably in local
government. Three (3) years' relevant work experience can be substituted for each
year of deficient education.
Knowledqe of: Principles and methods of administration, particularly in the areas of
finance accounting, budgeting, auditing, data processing and debt financing; modern
office practices, procedures, methods and equipment; laws regulating the administration
of Town government; modern principles and practices of purchasing, stores and
facilities management; budget preparation, program analyses, cash flow analysis and
revenue forecasting; principles and practices of organization, administration and
personnel management.
Ability to: Develop and install sound systems and procedures; prepare complex reports
and analyses; make presentations of complex and difficult issues to the public;
supervise, train and evaluate professional, technical and clerical staff,
TOWN OF TIBURON
January 2002
ADMINISTRATIVE & FINANCIAL ANALYST
EXHIBIT NO,. e
-
DEFINITION
Under direction, the Administrative & Financial Analyst provides responsible
professional staff assistance to the Administrative Services Department and performs
specific and comprehensive analyses of a wide range of municipal policies,
organization, procedures, financial systems, and services,
DISTINGUISHING CHARACTERISTICS
Under direction, this classification performs complex professional, analytical and
administrative support activities for the Town including comprehensive and sensitive
special projects and studies. Incumbents may participate in and coordinate budget
preparation and monitoring; personnel hiring, evaluation and discipline; account
reconciliation; labor relations; training; workers' compensation or risk management.
Incumbents also perform special projects,
SUPERVISION RECEIVED AND EXERCISED
Direction is provided by the Administrative Services Director or the Town Manager,
Assignments may require direct and indirect supervision of technical, office and support
services personnel.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS/DUTIES
Essential Duties:
The following duties are considered essential for this job classification:
Manage various departmental programs as assigned; compile and anaiyze data and
make recommendations on the formulation of policies and procedures and staffing and
organizational changes; prepare grant applications on behalf of the Town and monitor
grant implementation; conduct surveys and perform research and statistical analyses on
administrative, fiscal, personnel, and operational issues; respond to complaints and
requests for information; prepare recommendations on a variety of municipally-related
subjects; prepare Town Council reports, resolutions and ordinances; make staff
presentations to the Town Council and other governmental and community bodies;
confer with department heads regarding information requirements and cost control
procedures; review and report on the budget status of various activities; monitor federal
grants to ensure compliance with established regulations; assist in budget preparation
and review, analyzing and monitoring financial information and making related
recommendations; coordinate activities with other Town departments and with outside
agencies.
Administrative & Financial Analyst
Page 2 of 2
, Additional Duties:
In addition to the duties listed in the Essential Duties section, employees in this
classification may perform the following duties, Provide staff assistance to a variety of
boards, commissions, and neighborhood committees; develop control and reporting
procedures and forms; represent the Town in community and professional meetings as
required; and perform related duties as assigned
QUALIFICATIONS
Experience and Education: Any combination equivalent to experience and education
that could likely provide the required knowledge and abilities would be qualifying. A
typical way to obtain the knowledge and abilities would be: Experience - Sufficient local
government administrative experience is desirable; Education - Equivalent to a
Bachelor's degree from an accredited college or university with major work in public or
business administration or a closely related field, Two years of applicable local
government service can be substituted for each year of college deficiency,
Knowledqe of: Principles and practices of public administration; principles, methods,
and practices of municipal finance, budgeting, and accounting; management and
research techniques and procedures and methods of report presentation; grant
preparation and monitoring; computer software applications related to the work,
Ability to: Communicate clearly and concisely, orally and in writing; maintain harmonious
relationships with those contacted in the course of work; review and analyze
organizational and administrative issues and recommend and implement effective
courses of action; properly interpret and make decisions in accordance with laws,
regulations, and policies; work effectively with community groups and organizations;
coordinate complex projects and meet established deadlines; effectively manage
conflicting priorities,
TOWN OF TIBURON
January 2002
ACCOUNT CLERK
EXHIBIT NO.~
DEFINITION
To perform responsible accounting clerical work involving the processing and
maintenance of financial or statistical records in an accounting system.
DISTINGUISHING CHARACTERISTICS
This is the clerical accounting employee for the Town.
SUPERVISION RECEIVED
Immediate supervision is provided by the Administrative Services Director. On
occasion, the Administrative & Financial Analyst may exercise direct or indirect
supervision of position.
EXAMPLES OF ESSENTIAL JOB FUNCTIONS/DUTIES
Participate in the preparation of payroll, accounts payable, and accounts receivable, as
well as control and account verification of an accounting system; open and close
accounts; maintain various ledgers, registers, and journals according to established
account classifications; audit invoices against purchase orders; verify encumbrances;
research discrepancies, approve for payment, and post to the proper account; prepare
billings and related correspondence for accounts receivable; enter information on field
work orders as assigned; keep records of work orders, cost estimates, and materials
inventories as assigned; record equipment utilization and materials used in field work as
assigned; may operate office equipment in receiving and processing bill payments and
other Town funds; process warrants and Town payroll checks; prepare cash balances;
audit various claims for payment, including those for telephone invoices; prepare for
check writing; initiate accounting transfers; reconcile general ledger accounts with
various registers; accept and process applications and payments for various licenses,
permits, and fees; explain billing and other regulatory policies and procedures to
customers; assist in the preparation of payroll from time reports submitted after verifying
accuracy of data; update Town employee master file; prepare payroll input for new
employees; review, calculate, and process adjustments; audit and reconcile payroll
register; prepare accounting records and reports such as state and federal income tax
and PERS; research and answer employee and department questions regarding
employee salaries and fringe benefits, the status of accounts and payments, the proper
coding of transactions, and other matters; prepare a variety of financial statements and
cost and statistical reports; may operate data entry equipment as assigned; document
and verify employee time reports for payroll purposes; may sort, burst, and distribute
reports produced by data processing system; perform various routine clerical duties
such as typing and filing; perform related duties as assigned,
Account Clerk
Page 2 of 2
QUALIFICATIONS
Experience and Education: Any combination equivalent to experience and education
. that could likely provide the required knowledge and abilities would be qualifying. A
typical way to obtain the knowledge and abilities would be: Experience - One year of
clerical experience, including some financial and statistical record keeping; Education -
Equivalent to completion of the twelfth grade,
Knowledqe of: Modern office practices and procedures; business arithmetic and basic
accounting record keeping.
Abilitv to: Operate a typewriter, calculator, and other common office machines; operate
a two-way radio as assigned; learn to operate a cash register as assigned; keep
financial and statistical records; perform varied clerical work; understand and carry out
oral and written instructions; establish and maintain effective working relationships with
others,
TOWN OF TIBURON
January 2002
INFORMATION TECHNOLOGY COORDINATOR
EXIIIJ3I'rNO..
E
-0
DEFINITION
Under general direction, to coordinate, plan, and supervise the activities and operations
of the Town's information technology systems including systems design and
implementation, desktop publishing, training and instruction, internet and multi-media
applications, and network administration; to coordinate assigned activities with other
Town departments and outside agencies, and to provide highly responsible and
complex administrative support to the Director of Administrative Services,
DISTINGUISHING CHARACTERISTICS
This is a single position class with responsibility for the Town's computer and
information systems, fulfilling assigned responsibilities within broad guidelines,
Incumbent is responsible for planning, supervising and coordinating the operations and
activities of the unit. Incumbent participates in the development and implementation of
goals, objectives, policies and priorities of the assigned programs, Incumbent ensures
that assigned activities are completed in a timely and efficient manner consistent with
defined policies and regulations,
SUPERVISION RECEIVED
Direction is provided by the Director of Administrative Services, Incumbent does not
exercise direct supervision of subordinates, Incumbent coordinates activities of outside
vendors and service with Town staff. Incumbent may receive direction from outside
agencies contracting from the Town for incumbent's time and performance,
EXAMPLES OF ESSENTIAL JOB FUNCTIONS/DUTIES
Assume responsibility for all computer and related information technology systems
including systems design and implementation, desktop publishing, training and
instruction, internet and multi-media applications, and network administration and other
related support services and functions; plan, oversee, and coordinate the operations
and activities of the Town information systems function; organize and direct the work of
outside vendors; assume significant responsibility for the preparation of assigned
budget; participate in the development and implementation of goals, objectives, policies
and priorities for the assigned programs; advise Town management on technology
issues; determine and monitor software and hardware needs of Town departments;
specify, order and repair personal computers; specify, order, license software and
provide training to staff; create and maintain computer hardware and software inventory;
communicate with, interview and hire technology vendors; interpret technology for Town
staff and management; conduct analysis to determine systems needs of Town
departments; develop and program various spreadsheet applications; maintain
application integrity; maintain, operate and back-up Local Area Network; consult with
Information Technology Coordinator
Page 2 of 2
Town staff on various word processing and database issues; create and maintain
control file databases for assessment districts and special taxes; create various reports
and documents using word processing; learn new computer programs; design, create,
develop, implement and maintain the Town's website; procure and analyze website
statistics; communicate with Town staff and outside vendors through electronic mail;
perform data entry; complete special projects as required; perform related duties and
responsibilities as assigned.
QUALIFICATIONS
Education & Experience: Any combination of experience and training that would likely
provide the required knowledge, skills and abilities is qualifying, A typical way to obtain
the knowledge, skills and abilities would be: Experience: Five years of responsible infor-
mation systems/computer work experience including design, evaluation and program-
ming of systems and some experience in website design, Education: A Bachelor's
degree from an accredited college or university with major course work in information
systems technology, computer science or a related field, Two years of applicable local
government experience could be substituted for each year of college deficiency, .
Knowledoe of: Broad-based computer systems operations and applications; principles
and practices of systems analysis, design and evaluation; computer software data
structures and processes, computer programming languages and logic, and network
administration; job planning, budgeting, prioritizing and scheduling techniques;
organizational methods and basic record keeping practices; analyzing, interpreting and
developing specifications suitable for competitive bidding; the Internet and website
design and management; principles, practices and techniques of multi-media and
desktop publishing; implementation of information systems; current practices and latest
developments in hardware and software products and applications; basic mathematical
principles; Town departments and organization needs,
Abilitv to: Operate modern information equipment and technology and related office
equipment; install computer hardware and software and related peripherals; manage
time for maximum efficiency; effectively train Town staff on basic and complex systems;
learn, interpret and apply new technology programs to assigned programs and func-
tions; read and interpret complex technical materials pertaining to assigned programs
and functions and to support goals of Town staff and management; understand the
organization and operation of the Town and outside agencies as necessary to assume
assigned responsibilities; analyze problems, identify alternative solutions, project
consequences or proposed actions, and implement recommendations in support of
goals; program and create appropriate queries necessary to assigned programs and
functions; work cooperatively with other departments, Town officials and outside,
vendors; schedule and coordinate projects; set priorities; adapt to changing priorities;
exercise good judgment, flexibility, creativity and sensitivity in response to changing
situations and needs; communicate clearly and concisely, both orally and in writing;
establish, maintain and foster positive and harmonious working relationships with those
contacted in the course of work; work independently in the absence of supervision.
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TOWN OF TIBURON
STAFF REPORT
ITEM NO,
If{
From:
MAYOR AND MEMBERS OF THE TOWN ~CIL
ALEX D. MciNTYRE, TOWN MANAGER ~
FUND MISCELLANEOUS EMPLOYEES' SHARE FROM PERS SURPLUS
To:
Subject:
Date:
NOVEMBER 29, 2001
Staff has discovered that, in certain circumstances, the Town could discontinue the
Employee Share payment to the Public Employees Retirement System (PERS) "saving"
the Town $95,000 annually,
Briefly, PERS accounts are divided between the "Employer Share" and the "Employee
Share", PERS Employer Share payments are calculated annually by the PERS
actuarial staff, In recent years and in great part due to the strong economy, theTown
finds itself in the rather enviable position of being "superfunded" for the PERS
Miscellaneous group (all non-safety) and "overfunded" for the public safety group, In
either case, based upon current proiections, the PERS actuarials have estimated that
the Town will not need to remit the Employer Share of funding to PERS for at least 22
years, As such, the Town's Employer Share is $0; however, the Town continues to
remit the Employee Share,
Years ago, the Town elected to pick up the Employee Share on behalf of the
employees, The Town remits 7% of compensation on behalf of its Miscellaneous
employees and 9% on behalf of its "public safety" employees, which based upon
current payroll, totals approximately $188,000 annually,
For agencies with superfunded group status, PERS allows for an Employee Share
offset. In simplest terms, because the Town's Miscellaneous employee group is
superfunded, the Town can discontinue remitting to PERS the employee share (7%)
and PERS, instead will debit the superfunded employee share account. At this time,
since the Public Safety employees group is not superfunded, it would be excluded from
this program.
Employers are not allowed to borrow nor will PERS refund monies in superfunded or
overfunded groups. As the Town continues to pay into these funds, the Town will
perpetually find itself in this overfunded/superfunded status indefinitely.
NOTICE OF PENDING & CURRENT VACANCIES
ON
TOWN BOARDS, COMMISSIONS & COMMITTEES
PLANNING COMMISSION
HERITAGE & ARTS COMMISSION
PARKS & OPEN SPACE COMMISSION
MARIN COMMISSION ON AGING
As of January 3, 2002
********
The following vacancies on Town Boards, Commissions and Committees are current or pending
in 2002, Pursuant to Resolution No. 3263, the Tihuron Town Council will conduCt interviews
of interested applicants in January and February 2002.
If you have interviewed !{)[ a position on a Town Board or Commission within the last year, your
application may be considered lor one ofthc vacancies,
Commissioners whose terms are expiring may seek re-appointment lor another term, and those
incumbents with less than two years of service may be automatieally reappointed.*
Appointments will be made to four-year terms, Terms are etTeetive March 1,2002 (or in the case
of the Commission on Aging, the term will eommence on July I, 2002).
Applieants should he residents of the Town ofTibul'On (or the Tiburon Peninsula in the ease of
the Heritage & Arts Commission) and have the time, interest and desire to serve on the Board or
Commission, including attendanee at regular monthly meetings and other activities.
Applieation l{lrmS ean be obtained at Town Hall, 1505 Tiburon Boulevard, or you ean eontaet
Town Clerk Diane Crane laeopi at 435-7377 tor further int{)rmation.
Deadline for receipt of applications:
Januarv 31.2002
Town Council
February 1, 2002
Page 2 of 2
As a means to better control assets, I would recommend that the Town retain this
amount of money and deposit into a new Town reserve called PERS surplus. The
Town will find itself better off by having access to these funds in an emergency, or when
the PERS actuarial studies show that the Town is no longer overfunded, funds will be
available to begin to pay back to PERS.
Finance & Administration Committee Action
The Finance & Administration Committee of the Town Council met on January 23,2002
and approved the proposal and recommended that this be forwarded to the Town
Council for final consideration.
Recommendation
It is recommended that the Town Council direct the Town Manager to notify PERS of
the Town's intent to discontinue the Miscellaneous Employee Share of PESR payments
and request a debit from existing credits.
PENDING V ACANCES ON TOWN BOARDS. COMMISSIONS &
COMMITTEES IN 2002
PLANNING COMMISSION -
Appointee
Steve Stein
Appointed
February 1998
I)
PARKS & OPEN SPACE COMMISSION-
Appointee Appointed
1) Helcn Lindqvist Fcbruary 2000*
2) Jim Fraser July 200 I *
HERITAGE & ARTS COMMISSION-
Appointee Appointed
1) Donna Kline March 1998
2) Dave Gotz May 2001 *
3) Peggy Brcmcr August 200 I *
MARIN COMMISSION ON AGING
Appointee Appointed
I) Mary Rogers February 2002
* Eligiblc for automatic reappointment.
***************
Cuurte~y Copies 10:
Town Council Digest
The Marin Independent Journal
The Ark (for oublication)
Notice Pusted al Tibufon Town Hall and Belvedere/Tiburon Lihrar.y
Term Expires
2/28/02
Term Expires
2/28102
2/28102
Term Expires
2/28/02
2/28/02
2/28/02
Term Expires
June 30, 2002