The URL can be used to link to this page

Home My WebLink AboutTC Agd Pkt 2004-07-21 l. cf' .~ '\. "\ . - ~-".,,". \.... TOWN OF TIBURON Regular Meeting Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 )12Y/&- July 21, 2004 7:30 PM - 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 10 make reasonable arrangemenls to ensure accessibility to this meeting. . AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, wwwltiburon/oralaovernment. . Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meelings. Please send a written request, including your name, mailing address, phone number .and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, Ihe Public Hearing(s). 'rIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, il reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. . " ~ ".,.,~".... --_.~~ Agenda - Town Council Meeting July 21, 2004 Page 2 of 4 AGENDA CALL TO ORDER AND ROLL CALL Councilmember Gram, Councilmember Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks 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 andlor placed on a future Town Council meeting agenda. Please limit vour comments to no more than three (3) minutes. INTRODUCTION OF NEW TOWN EMPLOYEE Police Officer Gunnar Googins APPOINTMENTS TO BOARDS. COMMISSIONS AND COMMITTEES PLANNING COMMISSION - One Vacancy CONSENT CALENDAR 1. Approval of Town Council Minutes - July 7, 2004 2. Recommendation by Director of Administrative Services - Accept Town Investment Summary for June 2004 3. Recommendation by Director of Administrative Services - Point Tiburon Community Facilities District 1985-1 Special Tax Levy for Fiscal Year 2004-05 a) A Resolution of the Town Council of the Town of Tiburon Levying a Special Tax Rate for the Property Tax Year 2004-05 Community Facilities District No. 1985-1, Point Tiburon Development, Town of Tiburon, Marin County, California 4. Recommendation by Director of Public WorkslTown Engineer - Authorization to Apply for MTC Funding to Overlay Mar West Street between Tiburon Boulevard and Esperanza Street a) A Resolution of the Town Council of the Town of Tiburon Authorizing the Filing of an Application for Federal Surface Transportation Program Funding for Mar West Street Rehabilitation and Committing the Necessary Non-Federal Match for the Project and Stating the Assurance of the Town to Complete the Project '"", ,~ ~ -----" . . . .. "'\.' . . Agenda - Town Council Meeting July 21, 2004 Page 3 of 4 5. Recommendation by Associate Planner - Irrigation Well Permit Application Address: Permit No.: Applicant: Blackie's Pasture W04-03 Town of Tiburon a) A Resolution of the Town Council of the Town of Tiburon Approving the Drilling of a Well for Irrigation Purposes on Town Property Located in the Vicinity of Blackie's Pasture Assessor Parcel Number 55-041-08 6. Recommendation by Associate Planner - Adoption of Resolution Memorializing Partial Granting of Appeal of Design Review Board Decision relaling to Property located at 5047 paraciise Drive- continued from July 7, 2004 a) A Resolution of the Town Council of the Town of Tiburon Partially Granting an Appeal Filed by Douglas and Jeannie Stiles Of a Design Review Board Decision to Approve a Site Plan and Architectural Review Application for the Conslruction of Additions to The Single-Family Dwelling Located at 5047 Paradise Drive . Assessor Parcel Number 038-021-08 7. Recommendation by Advance Planner - Bicycle Pedestrian Advisory Committee Role and Update Committee Appointments a) A Resolution of the Town Council of the Town of Tiburon Reaffirming the Role of the Bicycle Pedestrian Advisory Committee 8. Recommendation by Director of Community Development - Recognition of Outgoing Associate Planner Brian Lynch a) A Resolution of the Town Council of the Town of Tiburon Commendin9 Associate Planner Brian Lynch for his Distinguished Service to the Town of Tiburon COUNCIL. COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - July 9, 2004 Town Council Weekly Digest - July 16, 2004 . ADJOURNMENT Agenda - Town Council.Meeting July21,2004 Page 4 of 4 FUTURE AGENDA ITEMS - Note: These items are tentative until thev allllear on the final aaenda . Landslide Repair Policy - (August 4) . General Plan Update: Parl<.s & Recreation Element - (August 4) . Lyford Cove Undergrounding of Utilities Assessment District Preliminary Engineer's Report . Permanent Restroom Facility at South Knoll Park . FY 2004-05 Drainage Improvements Plans and Specifications . County-wide General Services JPA . Proposed Erosion and Siltation Control Ordinance . Revised Street Impact.Fee Schedule . Pilgrim Heights Proposed Undergrounding of Utilities Assessment District . Raccoon Lane Proposed Undergrounding of Utilities District . Waiver of Annexation Agreement; 3535 Paradise Drive . Parente Property Certification of EIR WIIIIII . . . . . . Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR FREDERICKS AND MEMBERS OF THE TOWN COUNCIL FROM: TOWN CLERK DIANE CRANE IACOPI SUBJECT: APPOINTMENTS TO BOARDS, COMMISSIONS AND COMMITTEES MEETING DATE: JULY 21,2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND The Council has interviewed four Town residents for the current vacancy on the Town's Planning Commission: . Chris Benediktsson, 2352 Mar East . Jirn Hermann, 52 Red Hill Circle . George Salerno, 25 Andrew Drive . Christopher Wand, 5 Burrell Court o , ...-,,~~ ~'::-..p 0_ ~:~;.1'.", ~~~. r>\~~~ ?0~~;~~~ .~~.... , o Copies of their applications and letters of interest were included in the June 16 and July 2,2004 Town Council packets and are available for publiC review at Town Hall. RECOMMENDATION That the Town Council rnake anappointrnent to fill the vacancy on the Planning Commission at tonight's meeting. l~h?1' Diane Crane lacopi Town Clerk -' . f~ \ :Lip v.~ rU 0 I . TOWN COUNCIL MINUTES --'-'..--.--.-.'......-.---- -- CALL TO ORDER Mayor Frederic e e ~. meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednes y, July 7, 2004, in T wn Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Smith ABSENT: COUNCILMEMBERS: Slavitz PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Director of Public WorksiTown Engineer Echols, Chief of Police Odetto, Director of Administrative Services Bigall, Town Clerk Crane Iacopi CLOSED SESSION . CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Siciliano v. Town o.fTiburon Zack, et at. v. MERA et al. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Section 54956.9(b)) One Case: Name of Claimant: Workers' Compensation Claim Ed Pigeon CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Ncgotiator: Tiburon Police Association Town Manager and Administrative Services Director INTERVIEWS - Planning Commission Vacancy . 7:] 5 p.m. - George Salerno, 25 Andrew Drive, #93 . Town Council Minutes # 13-211114 }u!v 7, 211114 Page 1 ~. ~ ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY . Mayor Fredericks said that no action was taken in closed session. ORAL COMMUNICATIONS None. PRESENTATION HERITAGE & ARTS COMMISSION ANNUAL REPORT Chairman Dave Gotz gave a powerpoint prcsentation which included the highlights and . accomplishments of the Commission over the last ycar: . Heritage Preservation A ward . Lectures & Slide Shows . Continuous Art Shows at Town Hall . Commemorative Books (including the Mayor's Book) . Special Framed photograph of current Town Councilmembers . Sign (at Blackie's Pasture and/or the Cove Shopping Center) whichannounes Upcoming Events . Donations (from proceeds of Commission activities) to the Town which included a picture rail in the interior or Town Hall and new shadesiblinds in the Town Council Chambers . Special award to the Kashani Family for their Holiday Lights. . Re-framing and Conservation of Town Documents oflncorporation . Of particular interest were the three slide showslhistoricallectures, co-sponsored with the Landmark's Society, which Chair Gotz said would be made available on DVD for use by local schools and other groups, such as Rotary, in the future. Mayor Fredericks and the Council thanked the Commission for their great work. APPOINTMENTS TO BOARDS. COMMISSIONS AND COMMITTEES PLANNING COMMISSION - One Vacancy Mayor Fredericks said the consensus of the Council was to continue the item until all Councilmcmbcrs were present. Town Council Minutes # 13-2004 July 7. 21104 Page 2. . .' . CONSENT CALENDAR 1. Approval of Town Council Minutes - June 16, 2004 . . 2. Recommendation by Town Clerk - Biennial Review of Town's Conflict of Interest Codc a) Resolution of the Town Council ofthe Town of Tiburon Repealing Resolution Nos. 1094, 2760, 3275, 3310 and 20-2002 And Amending the Town's Conflict of Interest Code 3. Recommendation by Director of Community Development/Advance Planner- Approve SL'TViccs Agrccmcnt for Environmental1mpact Report for General Plan Updatc 4. Recommendation by Associate Planner - Rcview of Irrigation W cll Permit Application Address: 22 Old Landing Road Permit No.: W04-02 Applicant: Walter R. Allen a) A Resolution of the Town Council ofthc Town ofTiburon Approving the Drilling of a Well for Irrigation Purposes on A Property Located at 22 Old Landing Road Assessor Parcel Number 038-171-53 5. Recommendation by Associate Planner ~ Adoption of Resolution Memorializing Partial Granting of Appeal of Design Review Board Decision relating to Property located at 5047 Paradise Drive a) A Resolution of the Town Council of the Town ofTiburon Partially Granting an Appeal Filed by Douglas and Jeannie Stiles Of a Design Review Board Decision to Approve a Site Plan and Architectural Review Application for the Construction of Additions to The Single-Family Dwelling Located at 5047 Paradise Drive Assessor Parcel Number 038-021-08 6. Recommendation by Director of Administrative Services - Rcvision of Annual Appropriations Limit (Gann Act) Council rcmoved Item No.5 above for discussion at thc conclusion of the regular agenda. in Iii iii Town Council Minutes fl13-2()()4 Jul)' 7. 2004 Page 3 MOTION: Moved: Vote: To Adopt Consent Calendar Item Nos. l, 2, 3; 4 & 6, abovc. Smith, seconded by Gram A YES: Unanimous ABSENT: Slavitz . . PUBLIC HEARING 7. Report by Director of Administrative Services - Continuation of Cypress Hollow Landscaping & Lighting Special Assessment District a) A Resolution of the Town Council ofthc Town of Tiburon Continuing Maintenance and Operation ofthc Landscape And Lighting District in thc Cypress Hollow Subdivision in FiscaliTax Ycar 2004-2005 Dircctor of Administrative Services Bigall gave a brief rei)()rt on the District which she said was created by action of the County whilc the Cypress Hollow subdivision was being developed. She said that the $378 per parcel assessment had not changed sincc Cypress Hollow was annexed into the Town in late 1998. Mayor Fredericks opcned the public hcaring. While there was no public comment, Director Bigall noted that the Town had received one letter . of inquiry concerning the asscssment, and thc Town Clerk bad responded. She said that copics of thc lctters were included in the Staffreport. Mayor Fredericks closed the public hearing. MOTION: Moved: Votc: To adopt resolution continuing the Cypress Hollow LLD Bcrger, secondcd by Smith AYES: Unanimous ABSENT: Slavitz . Consent Calendar Item No.5: Recommendation by Associate Planner - Adoption of Resolution Memorializing Partial Granting of Appeal of Design Rcview Board Decision relating to Propcrty located at 5047 Paradise Drive a) A Rcsolution ofthc Town Council ofthc Town of Tiburon Partially Granting an Appeal Filed by Douglas and Jcannie Stiles Ofa Desih'l1 Review Board Dccision to Approve a Site Plan and Architectural Review Application for the Construction of Additions to Town Council Minutes # /3-2()()4 .11111' 7. ]OI!4 Page 4 . ~. . . . The Single-Family Dwelling Located at 5047 Paradise Drive Mayor Fredericks stated hl:r belief that hardship findings had not been made to allow the rail, as currently specified in the draft resolution. She believed that the original findings made by the Desib'tl Review Board were the result.ofits approval of the deck, which had been subsequently overturned by the Council during the appeal hearing. Vice Mayor Berger said his recollection was somewhat differcnt. He said that the during the hearing, the applicant and architcet had requested that the rail across the front of the building be left intact in order to maintain a consistent design. He said that in its final deliberations the Council had not specified whether there would be a rail or not; however, he ab'1'eed that the goal was to restrict the use ofthe area while allowing it to be accessible in some fashion. Mayor Fredericks said that aesthetic considerations were not grounds for a hardship finding. Councilmember Gram asked the applicant(s) whether or not they wanted thc b'1lard rail along the front of the house. Mrs. Schuberth answered affirmatively. The Vice Mayor recalled that there was also to be a rail at the back of the roof area which would limit its use as a deck. Mayor Fredericks said she thought that the only rail [approved by the Council] was at the hack. Mrs. Schuberth said that she and her husband were willing to accept the [imposition of a] guard rail around the perimeter as long as they could keep the front rail in their design. Elizabeth Rogers, attorney representing the Schuberths, cautioned against imposing limitations on "reasonable use" of the area. Director of Community Development Anderson said that the Design Revicw Board had madc its findings, in part, based on the topography of the site; he said that that the [Building Code] requirement that the area be "surrounded by a barrier" was no longer strictly required hecausc the area was no longer readily accessible [as a deck]. Councilmember Smith suggested that a hardship finding could be made because there was an "important privacy screen" [landscaping] that needed to he maintained and that access was needed to thc roof area for purposes of maintaining this landscaping; therefore, a rail was needed for safety purposes. Town Attorney Danforth concurrcd with this recommendation. Council continued the item to July 21, 2004, and directed Staff to rewritc thc rcsolution to makc the necessary findings for thc guard rail and usc ofthc area. Town Council Minules if 13-2004 Jut.\' 7, 2(1)4 Page 5 COUNCIL. COMMITTEE AND COMMISSION REPORTS None. WRITTEN COMMUNICATIONS Town Council Weekly Digest - June 18, 2004 Town Council Weekly Digest - June 25,2004 Town Council Weekly Digest - July 2,2004 Town Manager Mcintyre called attention to a memorandum from the Town Clerk concerning two vacancies on Town Boards and Commissions-one on the Be1vedere-Tiburon Jt. Disaster Advisory Council (Tiburon appointee), as well a the Town representative to the Hilarita-Tiburon Ecumenical Association Board of Directors. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Fredericks adjourned the meeting at 8:07 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE lACOPI, TOWN CLERK Town Council Minutes # /3-]()()4 .Ill/V 7. 2(1)4 Pal}.C 6 . . . . Town of Tiburon STAFF REPORT AGENDA ITEM ~ GI'" . . .. . . TO: Mayor and Members of the Town Council FROM: Heidi Bigall, Director of Administrative Services U SUBJECT: Monthly Investment Summary - June 2004 .(i;\ MEETING DATE: July 21, 2004 REVIEWED BY: ~ TOWN OF TIBURON InstitutioniAgency Investment Amount Interest Rate Maturity State of California Local Agency $10,575,222.16 1.469% Liq uid Investment Fund (LAIF) Total Invested: $10,575,222.16 TIBURON REDEVELOPMENT AGENCY . InstitutionlAgency Investrnent Arnount Interest Rate Maturity State of California Local Agency $907,656.45 1 .469% Liquid Investment Fund (LAIF) Bank of America Other $0 Total Invested: $907,656.45 Notes to Table Information: State of California Local Agency Investment Fund (LA IF): The interest rate represents the effective yield for the rnonth referenced above. The State of California generaliy distributes investment data reports in the third week following the rnonth ended. Acknowledgment: This surnrnary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment Policy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures. . Heidi McVeigh cc: Town Treasurer /. . Town of Tiburon STAFF REPORT AGENDA ITEM ~ . . . . . .. .......................................... FROM: Mayor and Members of the Town Council Heidi McVeigh, Director of Administrative servicesc:::Jd---- TO: Point Tiburon Community Facilities District 1.9 Special Tax Levy for Fiscal Year 2004-05 MEETING DATE: July 21, 2004 REVIEWED BY: SUBJECT: . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . .. Annually, the Town Council adopts Special Tax rates to be levied on the commercial and residential parcels in the Point Tiburon Community Facilities District. The State Government Code requires local agencies to provide by Resolution for the annual levy of the Special Tax. Action to levy the Special Tax is required by August 12th of the tax (fiscal) year, by which time parcel tax data is to be filed with the County Auditor-Controller and Tax Office. Special Tax proceeds are applied to the debt service requirements of the bonds of the Point Tiburon Community Facilities District. . The proposed total Special Tax Levy for Fiscal Year 2004-05 will be approximately $134,100, which represents no increase over the Fiscal Year 2004-05 Levy and shall be apportioned as follows: Residential Property Owner Commercial Property Owner Annual Rate $786.78 $27,877.86 The Special Tax rates are projected to stay at this general level until maturity of the bonds in September 2008. RECOMMENDATION It is recommended that the Town Council adopt the attached resolution establishing the Special Tax Levy in the Point Tiburon Community Facilities District for Tax Year 2003-2004. Exhibits A. Resolution Establishing Special Tax Levy, 2004-2005 (Exhibit A. Attached) . RESOLUTION NO. . A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON LEVYING A SPECIAL TAX RATE FOR THE PROPERTY TAX YEAR 2004-05 COMMUNITY FACILITIES DISTIUCT NO. 1985-1 POINT TIBURON DEVELOPMENT TOWN OF TIBURON, MARIN COUNTY, CALIFORNIA WHEREAS, Town of Tiburon Ordinancc No. 355 N.S., passed and adoptcd by Town Council on August I, 1990, ordaincd that thc Town, pursuant to Governmcnt Code Sections 53328 and 53340, Icyicd a Special Tax on the property within Community Facilities District No. 1985-1 for thc 1990-1991 tax year and for all subsequent ycars; and, WHEREAS, Pursuant to Government Code Section 53340 the Tihuron Town Council may provide, by resolution, for thc Icvy of the Special Tax in thc currcnt tax year or future tax years at the same rate or at a lower rate than the rate provided by ordinance; and, WHEREAS, the Director of Administrativc Scrvices has estimated that sources of funds less uscs of funds (provision for annual debt servicc, fiscal agent chargcs, administration fee, and reserve for delinquencies) requires a total Special Tax Levy in the amount of $134,093.16 (Rcsidential share at $106,215.30, and Commercial at $27,877.86) for fiscal and tax ycar 2004- 05. . THEREFORE IT IS RESOLVED, that the Town Council authorizes the tax ycar 2004-05 Special Tax Icvy in the amounts shown on Exhibit A attached, and thc Director of Administrativc Services is to prcparc thc Special Tax roll and provide all necessary information to the Marin County Auditor and Tax Collector in order to effect proper billing and collection of the Special Tax referenccd within Exhibit A. PASSED AND ADOPTED at a regular meeting ofthc Town Council ofthc Town of Tiburon on July 21,2004, by thc following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: BY: ALICE FREDERICKS, MAYOR ATTEST: DlANE CRANE IACOPI, TOWN CLERK . \ EXHIBIT A. (FOR RESOLUTION NO. ESTABLISHING THE SPECIAL TAX LEVY OF COMMUNITY FACILITIES DISTRICT NO. 1985-1 - POINT TIBURON DEVELOPMENT - . TAX [& FISCALYEAR] ENDED JUNE 30, 2005 MARSH: 58-440-01 58-440-02 58-440-03 58-440-04 58-440-05 58-440-06 58-440-07 58-440-08 58-440-09 58-440-10 58-440-11 58-440-12 58-440-13 58-440-14 58-440-15 58-440-16 58-440-17 58-440- I 8 58-440-19 58 -440-2 0 58-440-2 I 58-440-22 58-440-23 58-440-24 58-440-25 58-440-26 58-440-27 58-440-28 58-440-29 58-440-30 58-440-31 58-440-32 58-440-33 58-440-34 LAGOON: $786.78 $786.78 $_0.00 $_0.00 $786.78 $_0.00 $_0.00 $786.78 $786.78 $786.78 $786.78 $786.78 $_0.00 $_0.00 $786.78 $_O.O() $_0.00 $786.78 $_0.00 $_ CWO $786.78 $_0.00 $_O.()O $786.78 $786.78 $786.78 $_0.00 $_0.00 $_0.00 $_0.00 $_0.00 $_0.00 $_0.00 $_0.00 Below Markct Ratc Unit Bclow Markct Ratc Unit Bclow Markct Ratc Unit Bclow Markct Rate Unit Bclow Market Rate Unit Below Market Ratc Unit . Bclow Market Rate Unit Below Market Rate Unit Below Markct Rate Unit Below Market Rate Unit Below Market Rate Unit Below Market Rate Unit Bclow Market Rate Unit Bclow Market Ratc Unit Below Market Rate Unit Below Market Ratc Unit Bclow Market Rate Unit Below Market Rate Unit Below Market Ratc Unit Below Markct Rate Unit . . /' 59-390-01 $786.78 59-390-49 $786.78 59-390-02 $786.78 59-390-50 $786.78 59-390-03 . $786.78 59-390-51 $786.78 . 59-390-04 $786.78 59-390-52 $786.78 59-390-05 $786.78 59-390-53 $786.78 59-390-06 $786.78 59-390-54 $786.78 59-390-07 (1;'.,' $786.78 59-390-08 . $786.78 BA YSlDE: 59-390-09 $786.78 59-390-10 $786.78 59-380-01 $786.78 59-390-11 $786.78 59-380-02 $786.78 59-390-12 $786.78 59-380-03 $786.78 59-390-13 $786.78 59-380-04 $786.78 59-390-14 $786.78 59-380-05 $786.78 59-390-15 $786.78 59-380-06 $786.78 59-390-16 $786.78 59-380-07 $786.78 59-390-17 $786.78 59-380-08 $786.78 59-390-18 $786.78 59-380-09 $786.78 59-390-19 $786.78 59-380-10 $786.78 59-390-20 $786.78 59-380-11 $786.78. 59-390-21 $786.78 59-380-12 $786.78 59-390-22 $786.78 59-380-13 $786.78 59-390-23 $786.78 59-380-14 $786.78 59-390-24 $786.78 59-380-15 $786.78 59-390-25 $786.78 59-380-16 $786.78 . 59-390-26 $786.78 59-380-17 $786.78 59-390-27 $786.78 59-380-18 $786.78 59-390-28 $786.78 59-380-19 $786.78 59-390-29 $786.78 59-380-20 $786.78 59-390-30 $786.78 59-380-21 $786.78 59-390-31 $786.78 59-380-22 $786.78 59-390-32 $786.78 59-380-23 $786.78 59-390-33 $786.78 59-380-24 $786.78 59-390-34 $786.78 59-380-25 $786.78 59-390-35 $786.78 59-380-26 $786.78 59-390-36 $786.78 59-380-27 $786.78 59-390-37 $786.78 59-380-28 $786.78 59-390-38 $786.78 59-380-29 $786.78 59-390-39 $786.78 59-380-30 $786.78 59-390-40 $786.78 59-380-31 $786.78 59-390-41 $786.78 59-380-32 $786.78 59-390-42 $786.78 59-380-33 $786.78 59-390-43 $786.78 59-380-34 $786.78 59-390-44 $786.78 59-380-35 $786.78 59-390-45 $786.78 59-380-36 $786.78 59-390-46 $786.78 59-380-37 $786.78 59-390-47 $786.78 59-380-38 $786.78 . 59-390-48 $786.78 59-380-39 $786.78 . . . . Town of Tiburon STAFF REPORT . . . .AG,:,",~nEM * . ..... .... . . . . . 0"' . . . . . . TO: Mayor and Members of the Town Council FROM: Pat Echols, Town EngineerlDirector of Public Works SUBJECT: Authorize Resolution to Apply for MTC Surface Improvement Transportation Program Funding for Fiscal Yeo/h{~0~-06 MEETING DATE: July 21,2004 REVIEWED BY: ~ . .. ... .... .. . .. . .. . ... .. . .. ...... .. . .. . .. . .. .. BACKGROUND AND DISCUSSION The Town was notified by the Transportation Authority of Marin (TAM) that it is eligible to receive $112,000 in funding under the Metropolitan Transportation Comrnission's Surface Irnprovernent Transportation prograrn (STIP) to overlay Mar West Street between Tiburon Boulevard and Esperanza Street. The project has been identified by TAM as a priority to receive funding because it was previously rernoved frorn the list of eligible projects due to funding shortfalls in the past. The funds would be available in Fiscal Year 2005-06 and the Town would be required to provide up to $330,000 in non-federal rnatching funds. In order to apply for the STIP funds, the Town Council rnust adopt a resolution (Exhibit A) which authorizes the filing of an application for funding (Exhibit B), cornmits to the non-federal match for the project, and states the assurance of the Town to complete the project. RECOMMENDATION It is recornmended that the Town Council adopt the resolution authorizing the filing of an application for Federal Surface Transportation Prograrn funding for Mar West Street Rehabilitation and cornrnitting to the necessary non-federal rnatch for the project and stating the assurance of the Town to cornplete the project. EXHIBITS A. Draft Resolution B. STIP Application 2004 July 13, 2004 1 of 1 . . Rehabilitation orMar West S'ree, betwe n r'b n I . e. I Umn DOU eVard and Esperan2a Streel. WHEREAS, Mrc requires as P I fa r. '. '" 'c '" "'''0'., '=1""" ""i" ,"e ",II''Wi" II :~' eo"""",", ..I """'"ry '",' ''"''hi" ""''0'" ,~." II ,,". . " 'J ""h, ',,",~, ~d""'d"h'''hc S"",,, T, . L'. '. , .'. . '" A;, Q"",,,y 'm,~ '0",,, I'~"", f"",' . '';;'''''''''" f 10""" '" '''''''''"' M """i," any COst increase cannol be eXpect d t /,ng1!s d,xed at the programmed amOU/1/, and Ihere/')re C' . , '" "'" ""h S'''f." '" . I> .0nges!JO/l Mi/igillion nnd Air QIJal'/ I 'dnSPOrtatlOn rogram Or ' ) ,"" . . 'y '",m""c", "",,,,, fOOd,,,,", '''''''''' 01 '"","'0' '" '"'''''''' "_ '10'", ., 'c",;"" ;, . . . . . , ""10'01. " ''''''''''''''' i, MT C, Tie, '" . . H,c '", '''''''. "" ,I ' J '"'''h"""",, '"',,,,",, H,", ""ii, m"" "" 'h" ." h . is programmed for in the TIP Or th ' '. t . b. g ed y June 30 of the year tI,at the project I J '"" I .' c ''0,,, m. y '~',",,,, 1 "'''hc I'''",""" ' " .0"".,,,, '''.' , ",",""" ""C,""" """,,,,,,, .y"".. O'M, J. . . WHEREAS, the TOWn of Tiburon is an eli %1 . Program Or Congestion Mitigatio/l' d A' Q '1'. g e pr~lect sPonsor for Surface TranSPOrtation < an Ir Ud I/y ImprOvement Program funds; and . Wlle"AS. ""'<Ow.. " Ti""~"i~,,,, ...1.. '. . ,. ..,., S ""," ""'.,,,,,,,"" Pm,c,,, '''''''''''"'"'" .: '" I~': ." '''''''' '0 M' e 'oc I...." '"m H" 10ll....;..".m'~" "'Wool" ,=, y", 200"06 ...., 2006"" '0, <h, In, "REA S. <h, M'"""",,", 'f ""'''"" "i C . ". , . """" 'II' .., 0"'.......",.. II" M 1'0 I", <h, S" ".;" i~, 11, y W""EAs. ''''",0''" TEA_" '0' <hc ~ 'II'''iOO<, I . sPonsors Wishing to receive SUrf > 1" . , """ ,..., <h,,,.",,,, '''gi", '10"" I ace ransPortatlon Program Or C "1' M" . . IlJprovement PronrallJ grants 1'0. .' 1 . onges Ion ItJgatlon and Air Quality " . r a P'o/ecI sJall subm,t an /'''1' r . metropOlitan transpOrtation planninn org;onl" t' ("PO) r app ICd Ion Jrst WIth the approprilJ/e 1'. · "Q ", ,., "" ~..cw 'nd , '1' . I C'O.<'O'" ",,' l"I'm,c""O"m,,,,,, (1)P), '" . . ~ '""0 " '" M "0', IV H 'REA s. '''c ftA -2, I" i""ioo w; II .id, STI> CM . , , . 2J R'''"'''i'~""" hill i, ","o';u,,,.., , . AQ. '''dlE 'lOW""""'" ....iii. TEA, WHE"AS. <hc 'fro"~,",,,,,,," "'"'' If II. "" . " June 9, 1998) and the TFA ~ I Restoratl'on- A t (.1' cbl .orL Je 'CCIllUry (/ EA 21) (Public Law /05-178, T . , - c U IC aw 105-2()6 July ~~ 1998). , ransPOrtallOn Program (~1 U S C' " 133, d I, . . . ' __, Contmue the Surface -, ". N - an t Ie CongestIOn Mlllg. ,. fA' Q . "'''W'm feMAO) (21 U",C. , ",>, ,,,, .. "'''~, " """y 10',...",,,,,,,, RESOL{JTlON NO. XX-2004 A. RESOLUTION OF THE TOWN COU "IE FlLING OF AN AI')> NeIL OF "IB TOWN OF """RON A "THO,"ZING I'ROGRA" FlINOING >OR ;;~':~~s';.';~R "EDERAL '"R''ACE TBANsPORTAl"ON "IB NtCEsSAR. NON-FROFBAL',,' 'EET BEHA8JtJ'r A "ON ANI> Co.""'TTING ASSURANCE OF THE ;.oWN o.'~:i~~"::'E "'OJEcr AND ST A'fING TIT> COMPI~ETE THE PRO,IEC1' . s:I/'"hitc /{ork,I'IGrwIISllIc"121 2'''' e"':lnl... ", NOW, THEREFORE, 1310 IT RESOLVED by Towo Council of the Town of Tiburon that the . Town of Tiburon is authorized to execute and file an application for funding undcr the Surface Transportation Program of TEA-21 Reauthorization in the amonnt of $112,000 filf Mar West Street Rehabilitation; and BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon by adopting this resolution docs hereby state that: 0) the Town ofTiburon will provide up to $330,000 in non-fcderal matching funds; and I) thc Town of Tiburon understands that the Surface Transportation Program and Congestion Mitigation and Air Quality Improvement Program funding for the project is tlxed at $110,000, and that any cost increases must' be funded by thc Town of Tiburon from local matching funds, and that the Town of Tiburon does not expect any cost inercases to be funded with Surface Transportation Program or Congestion Mitigation and Air Quality Improvcment Program funds; and 2) Mar West Street Rehabilitation will be built as described in this resolution and, if approved, for the amount shown in the Metropolitan Transportation Commission (MTC) Transportation Improvement Program (TIP) with obligation occurring within the limeframc established below; and 4) The program funds are expected to bc obligated by June 30 of the year the project is programmed for in the TIP. . BE IT F1JRTHER RESOLVED that the Town of Tiburon is an eligible sponsor of.projects in the Surface Transportation Program; and BE IT FURTHER RESOLVED that the Town of Tiburon is authorized to submit an application for Surface Transportation Program funds for Mar West Street Rehabilitation; and BE IT FURTHER RESOLVED .that there is no legal impediment to the Town of Tiburon making applications for Local Streets and Roads ShortJilll Program funds; and BE IT FURTHER RESOLVED that therc is no pending or threaten.ed litigation whieh might in any way adversely affcct the proposed project, or the ability of the Town of Tiburon to deliver such. project; and BE IT FURTHER RESOLVED that a copy of this resolution will be transmitted to the MTC in conjunction with the filing of the application; and BE IT FURTHER RESOLVED that the MTC is requested to support lhe application for the project described inlhe resolution and to program the project, if approved, in MTC's TIP. . ,\".\/Juhlic I-VOI"k.\'\GmnfsITEA2' r' C:vclclrcso_local_,Hlf)fJOrt.doc . . . PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon, State of California, held on the _ day of , 2004'hy the following vote: AYES: NOES: ABSENT: ATTEST: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON DIANE CRANE IACOPI, TOWN CLERK s.'\Public WorksIGranlsITl,A2/ 211,1 Cyclclreso _Ioc(l/_suftport.doc . . . Transportation Authority or Marin STP Application 2004 Pagcl Project Name: Mar West Street Rehabilitation Project Description: Pavement Rehabilitation Along Mar West Street Between Tiburon Boulevard and Esperanza Strcct, Tiburon, CA Projcct Total Cost: Phase FY 05i06 FY06i07 FY 07 i08 FY08i09 CON 430,000 CON Support 10,000 ENV PSE 10,000 ROW ROW Support d' Pro1ect Fun \Og Request: Phase FY 05i06 FY 06i07 No Programming No Programming permitted in 07 i08 pcrmitted in 08i09 CON 112,000 CON Support ENV PSE ROW ROW Support Project milestones Milestonc Month Ycar Begin Environmcntal Studics Julv 2005. End Environmcntal Studics Julv 2005 Begin Design Engineerinl.( September 2005 End Plans, Spec & Estimates January 2006 Begin ROW Certilication November 2005 Advertise Construction March 2006 Bel.(in Construction June 2006 Projcct Comnletion Julv 2006 STI' arplicalioll 2004 Form_rcvisc.:d 7. 13.04.nOC Certified DBE program yesino + date: Yes, hut needs renewal. Renewal will be submitted by June 1,2005 for Federal Fiscal Year 2005i06. Transportation Authority of Marin STP Application 2004 Page2 , Certilicd Pavement management program yesino +date: Yes, expires 3i15i2005 On the MTS?: yes i no Ifno list all MTS routes in your jurisdiction's system and their PCI (if no MTS routes in your jurisdiction state that.) Only MTS route in Tiburon is Tiburon Boulevard, which is a State Highway (Route 131) under. the jurisdiction of CalTrans. Project Roadway Condition (PCI): 15 A verage Daily Trame on affected roadway: 2,000 Transit Routes on affected roadway and frequency: None Is thc project along a Bike Path in agency's Bike Plan? NO Is Projcct along Regional Bike Route per MTC Rcgional Bike Plan? NO Bicycle and Pedcstrian Activity: The street provides access to the Tiburon Peninsula Club (recreational facility), the Belvcdcre-Tiburon Library, and Railroad Marsh School Access Issues: There are no school acccss issues. Accidcnt HistoryiRates: 11 accidents in the last 5 years Opportunities for matching funds: Local funds ~TP :lpplicati(lll 200,1 Form_revised 7.13.().1.DOC . . . . . . Town of Tiburon STAFF REPORT AGENDA ITEM :;- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MAYOR AND MEMBERS OF THE TOWN COUNCIL BRIAN LYNCH, ASSOCIATE PLANNER FILE #W04-03 REVIEW OF A WELL PERMIT APPLICATION FILED BY THE TOWN OF TIBURON FOR THE DRILLING OF A WELL FOR THE PURPOSES OF IRRIGATION. THE PROJECT WOULD BE LOCATED ADJACENT TO THE NORTH END OF THE BLACKIE'S PASTURE PARKI~T. JULY 21, 2004 REVIEWED BY:~ TO: FROM: SUBJECT: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PROJECT DATA: OWNER: CONSULTANT: LOCATION: ASSESSOR PARCEL NUMBER: FILE NUMBER: ZONING: GENERAL PLAN: PROPOSAL: THE TOWN OF TIBURON ENVIRONMENTAL RESOURCE GROUP, INC. NORTH OF BLACKIE'S PASTURE PARKING LOT 055-041-08 W04-03 P (PUBLICI QUASI PUBLIC) P (PUBLICI QUASI PUBLIC) On May 19, 2004, the Tiburon Town Council approved a proposal frorn the Town Engineer to engage in upgrading the irrigation system for the master gardener's rnedian and Blackie's Grove landscape areas. In his staff report dated May 19, 2004, the Town Engineer stated that there is substandard water pressure in the existing systern due to the increased irrigation needs for these landscaped areas. In addition, the existing systern utilizes potable water purchased frorn the Marin Municipal Water District (MMWD) at a substantial cost. As a result the landscaped areas are not getting sufficient irrigation, and the use of MMWD supplied water costs the Town an estimated $3,000 per year. The proposal from the Town Engineer includes the possible construction of an irrigation well in the area of Blackie's Pasture to alleviate the above mentioned problems. The feasibility of a functioning and cost effective water well is unknown until the well is actually drilled. Therefore the Town of Tiburon seeks approval for a well permit for the drilling of well in an area north of the Blackie's Pasture parking lot. The location of the proposed well is indicated on the attached diagrarn. Tiburon Town Council Staff Report 7/21/04 1012 Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . ANALYSIS: Just as with any 'private application for the construction of a water well, the Town rnust ensure that this proposed well is drilled and installed in compliance with the requirements set Chapter 13F of the Municipal Code (water well construction and use). Based on the rnaterials compiled by the Town Engineer, it appears that the granting of the permit will not be detrimental to the public health, safety or welfare, nor injurious to other properties in the vicinity. For this reason, the project is found to be in compliance with the Town's requirements in respect to the construction of irrigation wells. The well is not anticipated to have any significant above grade cornponents; usually an at-grade concrete slab covers the well and can be easily screened by low vegetation. PRELIMINARY ENVIRONMENTAL DETERMINATION: Planning Division Staff has rnade a prelirninary deterrnination that this proposal would be exempt frorn the provisions of the California Environrnental Quality Act (CEQA) as specified in Section 15303. . RECOMMENDATION: It is recornrnended that the Town Council review this project with respect to Chapter 13F of the Municipal Code (water well construction and use) and determine that the project is exernpt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15303 of the CEQA Guidelines. It is further recornrnended that the Town Council adopt the attached resolution of approval for the proposed project. EXHIBITS: 1. Diagram of proposed well location 2. Draft Resolution S:IPlanninglStaff FolderslblynchlTown Council.reportslBlackies Pasture well permit.doc . Tiburon Town Council Staff Report 7121/04 2012 . I " . . . r. " .< , RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE DRILLING OF A WELL FOR IRRIGATION PURPOSES IN AN AREA NORTH OF THE BLACKIE'S PASTURE PARKING LOT ASSESSOR PARCEL NUMBER 055-041-08 . WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findinqs. , A. An application for the drilling of an irrigation water well has been submitted by the Town of Tiburon. B. The Town Council has reviewed the application and determined that the project is consistent the requirements of Chapter 13F of the Municipal Code concerning water wells and is consistent with the Tiburon General Plan. C. The Town Council has determined that the project is categorically exempt from the requirements ofCEQA per Section 15303(d) of the CEQA Guidelines. D. The Town Council finds that the project, as conditioned, will not be detrimental to the public health, safety, or general welfare, or injurious to other properties in the vicinity. Section 2. Approval. . NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the application for the drilling of a non-potable (irrigation) water well in an area north of the Blackie's Pasture Parking Lot, in the approximate location shown on attached Exhibit "A", subject to the following conditions: 1. The well shall meet all applicable well standards adopted by Chapter 7.28 of the Marin County Code, as may be amended from time to time, and any other regulations adopted by the County pursuant thereto. 2. The well shall meet all applicable requirements of the Marin Municipal Water District. 3. Hours of well drilling and any associated construction work shall be limited to 7:00 A.M. to 5:00 P.M. Monday through Friday, and 9:30 A.M. to 4:00 P.M. on Saturday. . EXHIBIT NO.~ TIBURON TOWN COUNCIL RESOLUTION NO. ./-/04 I . . . 4. Any and all equipment and/or vehicles associated with the well construction shall not prevent or substantially impede vehicular passage on any street within the Town of Tiburon. 5. Site Plan and Architectural Review approval shall be required for any structures associated with the well, such as water storage containers, which require such approval. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2004, by the following vote: .AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE L. CRANE, TOWN CLERK S:\Planning\Staff Folders\blynch\Resotutions\Blackie's Pasture Well.RES.doc TIBURON TOWN COUNCIL RESOLUTION NO. -1--104 2 .. . m @ ....... OJ - ....., . ~ ~ >: ~ . . . . Town of Tiburon STAFF REPORT AGENDA ITEM _._.. G....._ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL FROM: BRIAN LYNCH, ASSOCIATE PLANNER REVIEW OF A RESOLUTION PARTIALLY GRANTING AN APPEAL OF A DESIGN REVIEW BOARD DECISION TO APPROVE A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF ADDITIONS TO THE SINGLE-FAMILY DWELLING LOCATED AT 5047 PARADISE DRIVE. SUBJECT: REPORT DATE: JULY 14, 2004 JULY 21, 2004 ~ MEETING DATE: REVIEWED BY: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND On June 16, 2004, the Town Council held a public hearing on an appeal filed by Douglas and Jeannie Stiles, 5053 Paradise Drive, regarding a Design Review Application for the construction of additions to a single-farnily dwelling, with variances for excess structure height and reduced side yard setback, on a property located at 5047 Paradise Drive. During the public hearing, the Town Council heard public testirnony, reviewed the Design Review Board's deliberations on the application, and reviewed the administrative record. The Town Council voted 4-1 (Councilrnernber Smith dissented) to direct staff to prepare a resolution partially granting the appeal. On July 7, 2004, the Town Council reviewed the draft resolution. The Council directed staff to rnake changes to the resolution to incorporate the findings associated with the variances being granted with the application. Staff has now incorporated the variance findings, in addition to other rninor revisions to the resolution. RECOMMENDATION It is recomrnended that the Town Council adopt the attached revised resolution partially granting the subject appeal. EXHIBIT 1. Revised draft resolution. Tiburon Town Council Staff Report 7/21/04 S:\Planning\Staff Folderslblynch\Town Council.reports\5047 Paradise Drive.appeal.RESO Il.doc '..... , . . . RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PARTIALLY GRANTING AN APPEAL FILED BY DOUGLAS AND JEANNIE STILES OF A DESIGN REVIEW BOARD DECISION TO APPROVE A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF ADDITIONS TO THE SINGLE-FAMILY DWELLING LOCATED AT 5047 PARADISE DRIVE ASSESSOR PARCEL NUMBER 038-021-08 WHEREAS, on March 8, 2004, John and Leigh Schuberth (hereafter "Applicant") filed a Site Plan and Design Review Application for the construction of additions to a single-family dwelling, with variances for excess structure height and reduced side yard , setback, on a property located at 5047 Paradise Drive; and WHEREAS, on April 1 , 2004, the Design Review Board held a duly noticed public meeting, and reviewed the application in accordance with The Guiding Principles in the Review of Applications (hereafter "Principles"), and the required Findings By Acting Body for the requested variances (hereafter "Findings"); and WHEREAS, the Board received public testimony during which time concerns were raised by nearby property owners regarding potential privacy impacts as a result of the project. The Board deliberated and had concerns of their own about the project's proximity to the adjacent property to the west, and the magnitude of the requested variance for reduced side yard setback; and WHEREAS, after receiving public testimony and deliberating, the Board determined that more information was needed regarding the property boundaries, the project should be modified to address the nearby property owners concerns, and the project should be modified to reduce the magnitude of the side yard variance requested. The Board voted 5-0 to continue the public hearing until May 6, 2004; and WHEREAS, on May 6, 2004, the Design Review Board held a duly noticed public meeting, and reviewed the revised project design and additional information submitted by Applicant; and WHEREAs, at that hearing, concerns were again raised by nearby property owners regarding potential privacy impacts; and TIBURON TOWN COUNCIL RESOLUTION NO. -1--/04 1 S:\Plannlng\Slaff Folders\blynch\Resolutions\REVISED 5047 Paradise Drlve-#20412.doc ... WHEREAS, after receiving public testimony and deliberating, the Design Review Board determined that the revised project design was consistent with the Principles, . with specific attention to potential privacy impacts, and the Findings were made for the requested variances. The Board voted 4-0 (Beales absent) to conditionally approve this application; and WHEREAS, on May 14, 2004, the owners of the adjacent property at 5053 Paradise Drive, Douglas and Jeannie Stiles ("Appellant"), filed a timely appeal of the Board's decision to approve the application based on the following grounds; 1. The Board approved a roof deck above the existing garage on the west side of the property (the garage is three (3) feet from the west side property line in lieu of the minimum 15 feet) that would adversely affect the Appellant's privacy and would create undue noise impacts. 2. The Board failed to require additional landscaping to be installed between the Appellant's and the Applicant's residences to help screen the project for privacy considerations; and WHEREAS, on June 16, 2004, the Town Council held a duly-noticed public hearing on the appeal; during which public testimony was heard from Appellant and Applicant regarding the subject application, and the Town Council considered the Design Review Board's review of the application; and WHEREAS, after hearing all testimony and reviewing all documents in the administrative record, the Town'Council found and determined that if the area above the existing garage were used as an active deck area it would create unnecessary privacy and noise impacts to the Appellant's property; and . WHEREAS, the Town Council found that the existing vegetation between the Applicant's and the Appellant's property is an effective privacy screen and no additional landscaping would be required; and WHEREAS, based on the above findings, the Town Council voted 4-1 (Smith dissenting) to indicate its intention to partially grant the appeal and require project modifications, and directed staff to return with a draft resolution for consideration at the next meeting; and WHEREAS, on July 7,2004, the Town Council reviewed and considered said draft resolution, determined that revisions to the draft resolution were desired, including memorializing of the Findings associated with the variances being granted with the application, and directed staff to prepare said revisions based on specific direction from the Council; and TIBURON TOWN COUNCIL RESOLUTION NO. -1--/04 2 . S:\Planning\Staff Foldcrs\blynch\Resolutions\REVlSED 5047 Paradise Drive-#20412.doc . . . WHEREAS the Applicant has requested variances for excess structure height (30'7" in lieu of the maximum 30 feet for the addition); and reduced side yard setback (3 feet in lieu of the minimum 15 feet for the rail proposed on top of the garage); and the findings made in support of these variances are as follows: 1, Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones. The topographical constraints of the site minimize the developable area of the lot, and the configuration of the existing improvements on the site also limits the potential location of future improvements. For example, the flattest area of the lot is in the location of the existing building. The existing improvements are designed to respect the topography of the site, avoid steeper areas, and have a linear east to west orientation. The proposed improvements would follow this established design precedent and respect the topography of the site. In regards to the variance for excess structure height, the existing improvements create a tall unarticulated wall on the front elevation. The architectural projection on the upper-level that creates the variance situation is designed to break up the mass and bulk of the existing building. This is a circumstance unique to the subject property. With respect to the side yard variance, the strictest interpretation of the Zoning Ordinance is that a variance is required for reduced side yard setback for the installation of a railing on top of the existing garage. Said garage already exists within the setback area, due to the unusual topographic circumstances of the property described above, and the horizontal encroachment into the setback will not be increased by construction of the railing. The railing will further serve a safety purpose encouraged by Section 509.1 of the Uniform Building Code. Portions of the railing that would require a variance are being required by the Town as a condition of approval for the project to address noise and privacy issues that result from the topography of the area and the location of improvements on Applicant's and Appellant's properties. \. 2. The variance will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and in the same or similar zones. The topography of the property and the area in general creates the TIBURON TOWN COUNCIL RESOLUTION NO. -1--/04 3 S:IPlanninglStaff FolderslblynchlRcsolntionslREVISED 5047 Paradise Drivc-#20412.doc occasional need for height variances in the same or similar zone. Similar . height variances have recently been granted at 100 Lyford Drive, 136 Hacienda Drive, 116 Sugarloaf Drive, and 130 Geldert Drive. For this reason, the granting of the variance for excess structure height would not constitute a special privilege. The topography, permit history, and location of adjacent improvements all support the reasonable granting of a variance for placement of the rail into the side yard setback. Similar variances for reduced side yard setback have been approved on other properties in the vicinity such as 4975, 4950, 5080, and 5053 Paradise Drive (Files #290024, #295007, #28321, and #298041, respectively). The most recent variance for reduced side yard setback was approved in 1998 on the adjacent property at 5053 Paradise Drive. For these reasons, the granting of the variance for reduced side yard setback would not be a special privilege. 3. The strict application of this Ordinance would result in practical difficulty or unnecessary hardship. In regards to the variance for excess structure height, it would be an unnecessary hardship to strictly apply the Ordinance because it would require that the roofline of the existing residence be re-sloped throughout the entire upper-level, which would be impractical and unreasonably disruptive to the . occupants. In regards to the variance for reduced side yard setback, it would be an unnecessary hardship to strictly apply the Ordinance because the proposed railing around the perimeter of the garage roof is required as a condition of approval by the Town in order to address noise and privacy concerns that result from the topography of the area and the location of existing improvements on Applicant's and Appellant's properties. The railing will also provide reasonable safety pursuant to the use for the purpose of maintaining vegetation adjacent to the building. Maintenance of the vegetative screen between the Applicant's and Appellant's property is an important element in reducing noise and privacy impacts from the project. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity. Neither of the requested variances would result in significant view, privacy or other impacts detrimental to the public welfare or injurious to other properties in the vicinity in that the magnitude of both is quite small (7" of height and encroachment of a short guard rail). While other issues surrounding the TIBURON TOWN COUNCIL RESOLUTION NO. -1-104 4 . S:\Planning\Staff Folders\blynch\Rcsolutions\REVISED 5047 Paradise Drivc-#20412.doc , . . . project have received considerable public testimony and attention, neither the rail nor the height of the addition 'has been objected to by surrounding property owners or the public. . NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the appeal is partially granted by adding the following condition of approval to the Design Review Board's approval of the project in order to reduce the above- described impacts to acceptable levels and achieve consistency with the Principles: 1. The roof above the existing garage shall not be used as an active deck area. In order to achieve this result, the following changes shall be made to the subject application: a. The access door which leads from the bedroom on the second level of the residence to the roof of the existing garage is not approved, shall not be installed, and shall be removed from the project plans prior to the issuance of a building permit; and b. A continuous, non-climbable, un-gated guardrail at least 42 inches in height shall be installed around the perimeter of the roof of the garage to impede access to the roof of the garage. Said guardrail shall be included on the plans prior to the issuance of a building permit. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 21, 2004, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST:' DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. ,1-104 5 S:IPlanninglSlarr FolderslblynchlRcsolutionslREVISED 5047 Paradise Drive-#20412.doc ..-" .{ e e . " Town of Tiburon AGENDA ITEM L STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL KEVIN BRYANT, ADVANCE PLANNER th BICYCLE PEDESTRIAN ADVISORY CO~TTEE ROLE M JULY 21, 2004 REVIEWED BY:~ FROM: SUBJECT: MEETING DATE: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND In the summer of 1999, the Town Council forrned the Bicycle Pedestrian Advisory Committee (BPAC) to provide input to the Marin County Congestion Management Agency'S countywide pedestrian and bicycle master plan. At the tirne, the Cornrnittee was intended to be an "ad-hoc, single-purpose, limited duration cornmittee." The BPAC consisted of one Councilrnernber, one Planning Cornmissioner, one Parks & Open Space Commissioner, one Joint Recreation Comrnittee rnember, and thee members of the public drawn from the entire Tiburon Peninsula (including Belvedere). The BPAC cornpleted its work in helping to develop the Marin County Bicycle and Pedestrian Master Plan, which was adopted in 2000, and the Town of Tiburon Bicycle and Pedestrian Master Plan, adopted in 2001. ANALYSIS Since January 2002, the BPAC has been rneeting rnonthly and has taken an active role in irnplementation of the Bicycle and Pedestrian Master Plan. The BPAC provided invaluable assistance in securing an approximately $200,000 grant frorn the San Francisco Bay Trail Project to construct the Trestle Glen Boulevard Pathway. The BPAC has also dedicated itself to 'working on a nurnber of bicycle and pedestrian issues, which can be classified in three broad categories: . Improvements to the Multi-Use Path. . Irnprovements to bicycle and pedestrian access and connectivity, and . Undertaking public education about bicycle and pedestrian safety. Because the BPAC was formed initially as an "ad-hoc, limited duration" committee, its role and function within the government of the Town of Tiburon has not been established since completion of the Town of Tiburon Bicycle and Pedestrian Master Plan in 2001. The BPAC has requested that the Town Council formally affirm its role to report to and advise the Town Council, its staff and committees, other agencies, and public interest groups on bicycle and pedestrian matters affecting the Town. Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RECOMMENDATION It is recomrnended that the Town Council adopt the attached resolution (Exhibit A) reaffirming the role of the BPAC. Staff also recomrnends that the Town Council appoint the following individuals to the BPAC for FY 2004-05. Council member Jeff Slavitz Planning Cornmissioner Jirn Fraser Ralph Leighton Tyler Phillips Petey Stein Peter Winkler Exhibits A. Draft Resolution . . July 13, 2004 page 2 of 2 ( . . . EXHIB1T NO. A RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REAFFIRMING THE ROLE OF THE BICYCLE PEDESTRIAN ADVISORY COMMITTEE WHEREAS, in 1999, the Town constituted a Bicycle Pedestrian Advisory Committee (BPAC) to develop the bicycle and pedestrian portions of the Tiburon element of the Marin County Master Congestion Management Plan; WHEREAS, since that time the BPAC has continued to monitor and advfse on the Congestion Management Plan and on funding opportunities under the Plan and from other sources; WHEREAS, the BPAC has developed strategies for bicycle and pedestrian usage on the Tiburon Peninsula, to improve health and safety and to reduce traffic congestion and motor vehicle dependence, and has served the Town as a liaison with other cities' BPACs, other safety committees, and the Safe Routes to Schools program; WHEREAS, the BPAC has developed substantial expertise and experience in the regulations and operations of the California Department of Transportation as they relate to bicycle and pedestrian usage of State Route 131 and related traffic control matters; WHEREAS, the BPAC has held hearings, evaluated, and made recommendations to the Council on proposed improvements to the Trestle Glen corridor and has assisted Town staff in preparing a grant application for funding those improvements; and WHEREAS, it is in the best interest of the Town for the BPAC to continue its work as set forth below. NOW, THEREFORE, BE IT RESOLVED, that the Town reaffirm the role of the BPAC with its current membership and staffing to report to and advise the Council, its staff and committees, other agencies, and public interest groups on bicycle and pedestrian matters affecting the Town. RESOLVED, FURTHER, that the BPAC shall report and advise staff and other Town committees on bicycle and pedestrian matters that fall within the purview of staff or committees, without duplicating the work of staff or committees. " " RESOLVED, FURTHER, that the BPAC shall be comprised of one Council member and five to six members of the Tiburon Peninsula community representing bicycle and pedestrian constituencies in the Town to be appointed annually by the Council and be advised and assisted by one staff person to be designated from time to time by the Town Manager. . PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 21, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: . Diane Crane lacopi, Town Clerk . . . Ik~ I/o, ? RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TlBURON COMMENDING BRIAN LYNCH FOR HIS DISTINGUISHED SERVICE TO THE TOWN WHEREAS, Brian Lynch has served the Town for nearly three years as Associate Planner, helping process hundreds of Design Review applications with friendliness, thoroughness and an imperturbable public demeanor, and WHEREAS, Brian Lynch has attended dozens of Design Review Board, Planning Commission and Town Council meetings, and has served each of these respective bodies with' professionalism, knowledge and good humor, and WHEREAS, Brian Lynch's tenure coincided with a period ofrobust building activity in Tiburon, resulting in record numbers of Design Review applications, and his seamless efforts to process these applications in an efficient and personable manner has. saved countless hours for, and soothed the oft-rattled nerves of, hundreds of applicants and residents, and WHEREAS, Brian Lynch has decided to expand his horizons by attending graduate school in International Studies, exchanging his role in influencing the world-renowned community of Tiburon for a chance to chance to affect change on a more global scale, and WHEREAS, Brian Lynch will also be missed by the Town of Tiburon for his cheerful character, calm disposition under stressful situalions, and unfailing commitment to Team Tiburon. NOW THEREFORE, BE IT RESOLVED, that the Town Council ofthe Town ofTiburon does hereby express its sincere appreciation to Brian Lynch for his years of dedication and outstanding public service to the Town of Tiburon, and extends its best'wishes for a future, in his life and career, that exceeds all expectations. PASSED AND ADOPTED at a special meeting of the Town Council of the Town of Tiburon held on July 21, 2004, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: ATTEST: ALlCE FREDERICKS, MAYOR TOWN OF TIBURON . DIANE CRANE IACOPI, TOWN CLERK