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Home My WebLink AboutTC Agd Pkt 2004-08-18 7 . .', TOWN OF TIBURON Regular Meeting Town Council Chambers 1505 Tiburon Boulevard Tlburon, CA 94920 August18,2004 7:15 PM - Closed Session 7:30 PM - Meeting ;1Au#- ~ . . 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, Agendas and minutes are posted on the Town's website, www.cLtlburon.ca.us. , Upon request, the Town will provide written agenda materials in appropriate alternative fonnats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your narne, mailing address" phone number and brief description of the requested materials and preferred alternative fonnat 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 lirnited 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 rtems out of order. No set times are assigned to items appearing on the Town Council agenda, Agenda - Town Counci,l Meeting August.18, 2004 Page 2 of 3 AGENDA CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54956,9(b)) Bargaining Unit: Negotiator: Tiburon Police Association Town Manager 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. ' APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES . Parks & Open Space Commission - (One Vacancy) CONSENT CALENDAR 1. Approval of Town Council Minutes - August 4, 2004 2. Recommendation by Director of Public WorksfTown Engineer - Accept as Complete FY 2003-04 Street Rehabilitation Project 3. Recommendation by Director of Public WorksITown Engineer - Approve FY 2004-05 Capital Improvement Projects Plans and Specifications 4, Request by Tlburon-Penlnsula Chamber of Commerce - Authorize Street Closure for "Fridays on Main" and Budget Amendment REGULAR AGENDA 5. Presentation by Tiburon-Peninsula Chamber of Commerce - Request for Funding for "Oktoberfest" Event 6. Recommendation by Director of Public WorksITown Engineer - Request by Rotary Club to Place Viewing Binoculars at Ferry Plaza/Shoreline Park .C , . . . , (/ . Agenda - Town Council Meeting August 16, 2004 Page 3 of 3 7. ~ecommendation by Town Manager - Appointment of Tiburon Alternate Representative to Marin Emergency Radio Authority (MERA) Board of Directors PUBLIC HEARING 6. Recommendation by Planning Manager - Precise Plan Amendment to Modify Building Envelope to Install Fence and Landscaping Address: Applicants: AP No.: 6 Indian Rock Court Christopher Senn & Inge Hendromartono 036-400-03 COUNCIL. COMMITTEE AND COMMISSION REPORTS WRITTEN COMMUNICATIONS Town Council Weekly Digest - August 6, 2004 Town Council Weekly Digest - August 13, 2004 . ADJOURNMENT FUTURE MEETINGS . SEPTEMBER 1 REGULAR MEETING - CANCELLED . September 1, 2004 -Infonnational Meeting for Property Owners in the Proposed Lyford Cove Undergrounding of Utilities Assessment District - (7:00 p.m. Town Council Chambers) FUTURE AGENDA ITEMS - Note: These items are tentative until they aDDear on the final aoenda . . . . . . . . . . . . . Lyford Cove Undergrounding District Adoption of Preliminary Engineer's Report - (September 15) Revisions to Landslide Mitigation Policy - (continued from August 4, 2004) Authorize Agreement wi Kimley-Horn Engineering Services for Plan to Create MergelAcceleration Lane at Reed Ranch Road and Possible Improvements to Trestle Glen Intersection Town ManagerLTown Attorney Evaluations Raccoon Lane Undergrounding of Utilities Project Parente Property Certification of EIR Plans and Specifications for Penn anent Restroom Facility at South Knoll County-wide General Services JPA Proposed Erosion and Siltation Control Ordinance Revised Street Impact Fee Schedule Pilgrim Heights Proposed Undergrounding of Utilities Assessment District General Plan Update: Noise & Safety Elements Issues Papers '" '.; .. . . . Town of Tiburon STAFF REPORT . , .~-. .- j;E~~- (~~.(~ ."'~". , . +1t>~/~ -/0 AGENDA ITEM /'JoAfilJI' de. I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: MAYOR AND MEMBERS OF THE TOWN COUNCIL DIANE CRANE IACOPI, TOWN CLERK PARKS and OPEN SPACE COMMISSION VACANCY ~ August 18, 2004 REVIEWED BY:~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FROM: SUBJECT: MEETING DATE: BACKGROUND An unscheduled vacancy recently came about on the Parks and Open Space Commission due to the appointment of Jim Hermann to the Town's Planning Commission. The Town has advertised for the vacancy pursuant to Town Council Resolution No. 3263 ("Appointments Procedure"). In response to notices posted at Town Hall, the Library and in the Ark newspaper, Christopher Wand, 5 Burrell Court, has submitted a letter of interest for the position. No other applications were received by the August 12 deadline. The Town Council recently interviewed Mr. Wand for a Planning Commission vacancy. Under Resolution No. 3263, a second interview is an option, but not required, in order to appoint a previous applicant to another commission. RECOMMENDATION It is recommended that the Town Council consider the appointment of Christopher Wand to the Parks and Open Space Commi,ssion or direct Staff to agendize an interview with Mr. Wand at a future Council meeting. The next regularly scheduled meeting is set for September 15, 2004. EXHIBITS . Special Vacancy Notice . Letter and Application of Christopher Wand H:DcraneIWpdocs/Boerdsl2004 Appointments Steff Report POSC,doc " ~ . . TOWN OF TIBURON SPECIAL VACANCY NOTICE (Town Commissions, Boards & Committees - July 2004) PARKS & OPEN SPACE COMMISSION - (Statutory Authority: Chapter 16, Section 3.07.00 ofTiburon Municipal Code) Purpose: To periodically review and submit recommendations to the Town Council on matters of policy pertaining to park and open space lands under the jurisdiction ofthe Town, including their acquisition, maintenance, improvements, and operation; coordinate with other boards and agencies on related matters affecting the Commission's jurisdiction. Qualifications: Applicants should be residents ofthe Town of Tiburon and have the intercst, desire, and time available to participate in and help promote community projects related to the above. The Commission meets on a bi- monthly basis on the second Tuesday of evcry month at 7:00 p.m. at Town Hall, or as needed. . An unscheduled vacancy on the Parks & Open Space Commission has occurred as follows: Appointees Date Appointed Date Resirmed Term Expires I) Jim Hcrmann February 2004 July 21, 2004* February 2006** *(appointed to Planning Commission) **( eligible for reappointment to 4-year term) Interested residents can contact the Tiburon Town Clerk at 435-7377, or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. DEADLINE for Receipt of Applications = AUllust 12. 2004 Notice Posted at Town Hall and Belvedere/TitJUron Public Library. . c,.: The Ark &. independent Journal' .~~. . . . //" Page J or J Diane Crane lacopi From: Christopher [freewebpage2000@yahoo.eomJ Sent: Sunday, August 08, 2004 11 :14 AM To: DCrane@ci.liburon.ca.us Subject: Park & Open Space Commission interest jj))~~~Uf~1hI IIll AUG - 92004 l!!J Dear Diane, lLllAIN CLERK J"4WN OF :neURON This letter is to express my interest in applying for the vacancy on the Parks and Open Space Commission. Please use the earlier materials that I submitted for applying to the Planning Commission. In addition I can answer questions at 383-1928 and am available for an interview if need be. Thank You Chlistopher Wand 08/09/2004 . ''\'\, .~, Addendum to Commission, Board & Committee Application Planning Commission Christopher Wand 5 Burrell Court, Tiburon Ca 94920 383-1928 qC:::~!;:R\gr=m"j; Lu b;~ 0:.,.,0 ..L,-II t, ~:Ml': ~l" . JUN 4 2004 TOWN MANAGERS OFFIC, TOWN OF Ti8URON Reason for selecting your area of interest: Every corner of the TiburOli Peninsula is unique and merits careful scrutiny. Each choice that is made relative to land use and design in Tiburon will be seen in relation to the natural beauty that surrounds it: therefore, eac.h decision must be made with the utmost care, balancing the rights of tile individual with those of the community to enjoy this natural beauty while at the same time enhancing or protecting it. Applicable Qualifications and Experience Lifetime Bay Area resident and resident in Tiburon since 1997. My family has lived here since the mid Sixties. I intend to stay permanently. Hands-on experience with wood-frame building and landscape architecture. . Community activism through San Francisco Friends of The Urban Forest as neighborhood coordinator, tree planting crew leader and fund raiser. , Trained docent with the Richardson Bay Audubon Center and Sanctuary. Working knowledge of locatgeology, plant species and ecology. Unit Chair, Vice-President and now finishing second term as President of The Reedlands Property Owners Association. Parent ofsecond grader in the Reed Union School District. Community representative in MERA and Skate Park issues. Member of the Citizens Advisory Council for the Marin County Congestion Management Agency. Good knowledge of other Marin communities' history, economics, infrastructure and small business environment. . ~ IJe,- j}~, I - . TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fredericks ed the regu meeting of the Tiburon Town Council to order at 7:33 p.m. on Wednesday, August 4, 2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram. Smith S lavitz PRESENT: EX OFFICIO: Town Manager Mcintyre, Town Attorney Danforth, Director of Community Development Anderson, Advance Planner Bryant, Director of Public WorkslTown Engineer Echols, Chief of Police Odetto, Director of Administrative Services Bigall, Administrative & Financial Analyst Stott. Town Clerk Crane Iaeopi . ORAL COMMUNICATIONS None. INTRODUCTION OF NEW TOWN EMPLOYEE . Kristin Krasnove, Assistant Planner Director of Community Development Anderson introduced the newest member ofthe planning staff, Kristin Krasnove. Anderson said that Ms. Krasnove had come to the Town by way of a consulting agency in San Luis Obispo and had also worked for the city of Arroyo Grande, on the Central Coast. He said that she was a graduate ofUC Berkeley and had gotten her Master's Degree in Planning at Cal Poly San Luis Obispo. The Council also welcomed Ms. Krasnove to the Town. She said that she was happy to be here and look forward to working in Tiburon. CONSENT CALENDAR 1. Approval of Town Council Minutes - July 21, 2004 . Town Council Minutes # 15-2004 August 4, 2004 Page I " " 2. Recommendation by Town Manager - Budget Amendment for MERA Operating Expenses Fiscal Year 2004-05 . MOTION: Moved: Vote: To approve Consent Calendar Item Nos. 1 and 2, above. Gram, seconded by Berger A YES: Unanimous ABSENT: Slavitz PUBLIC HEARING 3. Recommendation by Director of Public WorkslTown Engineer - Proposed Installation of Permanent Restroom Facility at South Knoll Park Director Echols gave the report. He said that the Town had planned to install a permanent restroom near South Knoll Park for the past several years which had been approved in concept by the Council for the FY 2003-04 budget. He said that the permanent restroom would replace the portable facility located along the Multi-Use path between McKegney Green and the playground and would be located approximately 10 feet south ofthe path. He said that the footprint of the building was 10.7 by 12.7 feet with a maximum roof height of II feet. Director Echols said that the proposed project had been reviewed by the Parks and Open Space . Commission, the Design Review Board, as well as the Bicycle Pedestrian Advisory Committee, all of whom had expressed support. He said that the Board had received comments from residents of Pine Terrace who favored locating the facility farther away from their homes. Echols showed several photo-simulations of the original location, plus two alternatives, for the Council's review and comment. Director Echols said that Staffhad recommended the original site because no grading or retaining wall would be required, and it was the shortest distance to run a line from the existing sewer. The second proposal would shift the restroom facility towards the existing playground and the third site, the one favored by the Pine Terrace neighbors, was 30 feet back from the second site. Echols estimated that it would cost about $2,500 to extend the sewer line to either site No.2 or site No.3. Councilmember Smith commented that the Design Review Board had also discussed different materials for the building, such as wood shingles. Director Echols said that a wood favade and shingles would add another $2,000 to the cost of the project. He also noted that weather might require replacement of these materials in 10 years. He stated, however, that there would be plenty of plant screening surrounding the building which would most likely preclude the need for special materials. Town Council Minutes # 15-20114 Augusl4. 211114 Page 2 . ,. . Mayor Fredericks said that she would support the No. Jloeation because it was less visible from Pine Terrace and moved the activity away from the homes there. Councilmember Smith suggested that because the alternate' locations would not be as visible from the Multi-Use Path, perhaps signage could be added to let people know that there was a restroom facility in the area. Mayor Fredericks opened the public hearing. Bill Tiedje, 30 Pine Terrace, thanked Director Echols for addressing the neighbors' concerns and, said that the No.3 location was the one favored by the neighborhood. He said that there should be adequate plant screening and asked that the Council ensure, through a condition of approval, that it would bc maintained in the future. Mayor Fredericks closcd the public hearing. Couneilrncmber Berger agreed that Site 1\10. 3 was a preferable location. . With regard to the design of the proposed facility, Berger said that he would like to see something "more special" to Tiburon's historic character. He showed Council and the public some black and white photos of old buildings formerly in or near'that location, such as an old dairy barn, a bunkhouse located at the Trestle, the Hilarita train station, and an old "out house." He said that the proposcd building. while serviceable, was "Forcst Service-like." Couneilrnember Smith also said he preferred Site No.3, as long as there was on-going maintenance of the landscaping and the addition of signage. He said that he was "design neutraL" Director Echols said that the proposed design matched the existing restroom facility at Blaekie's Pasture and noted that the cost ofthe prefabricated "kit" was $19,000. Hc said that alternate designs could be provided to the Council at the time of approval to see if there was any interest at that time. Councilmember Gram concurred with moving the proposed facility to the No.3 location for an additional $2,500, but cautioned against spending the cxtra money for a special design sincc there were no funds as yet appropriated in the current year's budget for the project. In addition, he said that the Town still faced budget take-aways from thc State. In conclusion, Gram recommended that the Council approve the current design and location for a cost of $40-$42,000. Mayor Fredericks reiterated that she would favored the No.3 location, because it reflected the dcsire ofthe neighborhood, and the existing design. . Town Council Minutes 11/5-2004 August 4, 2004 Page 3 . MOTION: To approve Site No.3 for the permanent restroom facility at South Knoll Park and direct Staff to come back with plans for the project including the current design specifications plus some design alternates for Council's approval. Gram, seconded by Bergcr A YES: Unanimous ABSENT: Slavitz . Moved: Vote: 4. Report by Advance Planner - General Plan Update: Goal, Policy and Program Refinement - Parks & Recreation Element Issues Paper Advance Plani1er Bryant said that as part ofthe General Plan Update process, the Planning Commission held a meeting on July 14, 2004 to discuss the goal, policy and program suggestions contained in the Parks & Recreation Element Issues Paper. After receiving input from the public at that meeting, ineluding from two members ofthc Parks & Open Space Commission, the Advance Planner stated that there were three areas in which Staff now sought the Council's comments and direction: 1) Blaekie's Pasture - whether the area presented in the Issues Paper is the correct area to designate for "passive recreational use"; 2) Future of Town's Recreational Needs - whether to specifY that a Master Plan for recreational services be developed in collaboration with the City of Belvedcre, Jt. Recreation Department, and others; . 3) Parks Improvement and Maintenance - whether to implement a Planning Commission recommendation to create a special budget and funding sources for the above. Council had the following comments and questions: Item No. ]: Gram - What does "undeveloped area", mean with regards to Blackie's Pasture? Bryant - No irrigation (likc MeKegney Green); left "as is," no buildings, paved paths, etc. Gram - If irrigation well is successful, possibility of beautifying area? Berger -Is it appropriate to hold special events there from time to time, such as the Millennium Bonfire? Item No.2: Fredericks - Care must be taken in the usc of demographies to' project futurc needs. Town Council Minules # /5-2()()4 August 4, 2004 Page 4 . . . . Bryant - Population changes in the last 10 years have been extrapolated; the same information was also utilized during the hearings chaired by the Skate Park Task Force. Fredericks - School Districts think of these changes as a "bubble" rather than a trend; more information should be developed. Mayor Fredericks opened the public hearing. Karen Carerra, President of Belveron Homeowner's Association, said she supported the concept of a long-term Master Plan to develop more recreational opportunities, especially for children, , teens and seniors. She said that there were 72 children in her neighborhood alone. Ms. Carerra said that the only recreational resources available to families with children were the Town's parks and the [private] Tiburon Peninsula Club. She said that it would be nice to have a recreation center, like Mill Valley's, which the Town could be proud of. She said that seniors needed a place to go, as well. With regard to the use of Blackie' s Pasture, Ms. Carerra said that the area should be maintained for passive recreational use only, with no development, and occasionally for, special events such as the one held in May [40th anniversary of the Town's incorporation). Councilmember Smith asked Ms. Carerra where she thought a recreation center' could be located. She replied that a good location would be in the area behind the [Belvedere-TiburonJ library. Mayor Fredericks said that the proposed library expansion (planned for that location). already included a community room that would serve the needs of various age groups. Couneilri1ember Smith said that he asked the question because of the difficulty of finding a suitable location in Tiburon. He said that this was an issue that was raised during the Skate Park Task Force hearings, as well. Christopher Wand, 5 Burrell Court, President of the Reedlands Homeowner's Association, said that the use of Black ie's Pasture was an important issue to his group and that they were in favor of passive use ofthe area, with little or no development. With regard to recreational needs, he wondered how the Town would pay for a recreation center, and where it would be located. Couneilmember Gram stated that in his mind, fund-raising was not an issue but that finding a suitable location was. Wayne Snow, 100 Jefferson Drive, thanked Staff for the time spent on the Issues Paper. He , . especially acknowledged Advance Planner Bryant for being a "great planner" who had conducted Town Council Minutes # 15-2004 A ugusI 4, 2004 Page 5 "good puhlic outreach." . Mr. Snow urged the Council to take a strong position concerning the continued passive use of Blackie's Pasture. He said that not all area~ needed to be groomed or beautified. Snow also stated that a General Plan with specific languagc concerning the use of Black ie's Pasture could be utilized by Staff and Town Commissioners now and in the future to show that it was the desire of the community to leave this defined area in its "natural state." Bruce Abbott, 458 Greenwood Beach Road, said that it was his personal desire that the area be preserved for passive use in keeping with the intent of its acquisition, and to keep it from being diverted to a "specific, singular, or private use." Vice Mayor Berger asked Mr. Abbott's opinion about special events in the area. Although Mr. Abbott stated that he did not favor that proximity of a large [bon] fire to the homcs on Greenwood Beach Road, he thought that other occasional special uses, such as community picnics, would be appropriate. Joyce Tayer, resident of the Reedlands, said that like Mr. Abbott, she wa~ on the "front line" of [proximity to] Blackie's Pasture. Mrs. Tayer said that Blackie's Pasture was for use by the whole ofthe community and that its open space beauty should be maintained with little or no manicured landscape. She noted how fast trees in that vicinity grew and noted that she had petitioned the Town for the removal of some that were in her line of sight. She said that it would be a shame to . \lave that happen again [as a result of too much landscaping]. Mrs. Tayer also stated that it would be appropriate to designate the passive use of the area in the General Plan so that she and others did not have to maintain "constant vigilance" over the use applications that ,came before the Town from time to time, and so that the Town could "say no" to future requests like the proposed skatepark. Helen Lindqvist, 3 Cazadero Lane, said that she echoed Planning Commissioner Kunzweiler's remarks to preserve the area for "pa~sive AND recreational" use. noting that a perfect spot for the skatepark would have been behind the railroad trestle near the road where noise would not be an issue. She cautioned the Council against "shutting off" future use of that area [for recreational uses]. Mrs. Lindqvist also said that she favored more water access and especially an area in which to launch kayaks and canoes that would be friendly to fool traffic rather than vehicles with trailers. Priscilla Tripp, member of the Jt. Recreation Committee, agreed with the previous commentary. She said that the Recreation Committee suffered from a lack of space and that a recreation center would be great but would take both creative thinking, as well a~ funding. Town Council Minutes # 15-2004 August 4, 211114 Page 6 . . . . Mayor Fredericks asked ifthere were programs currently not offered by the Recreation Committee that could "pay their way" (ifthere were space available)? Mrs. Tripp cited examples such as gymnastics classes. She also stated that larger classes of current offerings could be developed if there was space available. Mayor Fredericks closed the public hearing. Councilmember Smith said that he could envision a room full of people favoring the location of a recreation center at Blackie's Pasture; however, he said that he had heard "loud and clear" from the community that it wanted to leave the Pasture as is. Smith also commented on MeKegney Green and South Knoll park. With regard to the latter, Smith said that he would like to see the unirrigated portion (on the downhill slope near the Bay) become irrigated and more "user friendly," but he noted that the uphill portion did not seem to get much use either. Smith said that the he concurred with the Planning Commission's perception that the entire area, which included the Multi-use Path all the way to San Rafael Avenue, wa~ "one entity." Planner Bryant said that he too thought of the Richardson Bay lineal Park as one entity, consisting of 47 total acres, connected by a path, with three or four distinct areas. Bryant said that when people say, "don't change Blackie's Pasture," they probably have different ideas about what "Blackie's Pasture" is. He asked for Council's comments on that question. Councilmember Smith said that the community wanted Blackie's Pasture to be left "as is;" that he was unsure about additional irrigation there; and that the occasional special event in that location was permissible. He also said that in 20 years things might be different. Smith said that people seemed satisfied with the uses of McKegney Green and South Knoll and that the Richardson Bay Lineal Park should be left as is. Howcver, he said he would like to see more irrigation at South Knoll and perhaps some plants along the paths there. Vice Mayor Berger said that 20 years from now Blackie's Pasture would probably be the only "undeveloped, untampered with, piece of dirt that will remain" of the way Tiburon once looked. He said that it should retain its "rough and ready, shoreline look." He said that he heard this over and over again from people and that it would do a "great service for the spirit and heart of Tiburon" to keep it this way. Vice Mayor Berger said that irrigation in that area would be "tricky;" that it was heavily used, all the time, and that its "naturalistic look" should be maintained, along with its passive use. Town Council Minutes # 15-2004 Augusl 4. 2004 Page 7 Councilmember Gram said that Blaekie's Pasture should be maintained for passive, informal recreational use. He said that there should not be a lawn but that perhaps the area around the Pasture could be enhanced with some sort of landscaping. He said that he thought it just did not look that attractive as one drove into Town. . Gram said that even though there was not a lot of demand for use of the South Knoll area now, there might be in future, so that some flexibility over its use should be preserved. Vice Mayor Berger concurred with this sentiment. Mayor Fredericks said that the Town had considered safety improvements to Tiburon Boulevard in the vicinity of Trestle Glen and suggested that a policy be flexible cnough to accommodate a possible relocation of the entrance to Blackie's Pasture in the future. She said that Blaekie's Pasture had the "look of the hills and opcn space" so that care should be taken with any irrigation. She concurred that the unirrigated portion of South Knoll Park could be made more useable for passive, recreational use, but she also noted that its "fantastic view" should not be obstructed with bushes or structures. Mayor Fredericks asked for more Council comments on the idea of a Master Plan for recreation. Councilmember Smith commented that a perfect spot for a recreation center was the Reed School site and that if that area ever become available, the Town should try to acquire it. He also said . that the most "interesting" site in his mind was the vacant property adjacent to (and owned by) thc Tiburon Peninsula Club. The Councilmember agreed with the Mayor's caution on the use of demographics and stated that he was a proponent of a recreation center aftcr the "demise" ofthe skatepark idea. Smith said that a "piecemeal" approach to the Town's recreational needs might be an interim solution and could be addressed through programs and facilities at the library and schools, including St. Hilary and Kol Shofar, because that the Town had yet to fmd one suitable location. Vice Mayor Berger agreed with the "piecemeal approach." He also mentioned the former Sloat Garden Center as an interesting location for a recreation center. Mayor Frcderieks asked for comments ,on the idea of a budgeted plan for recreational needs. Councilmember Gram said he agreed with Staffs recommendation that the General Plan be "general," not specific, in nature. He said that a Master Plan was for specifics and favored the idea. Gram said that one day a specific site would become available for a recreation center, but that currently one did not exist. Town Council Minutes # /5-2004 August 4, 20(}4 PageS . i . Mayor Fredericks said that she supported the study of specific recreation needs and a budget for the Master Plan process which would "maximize" community input while allowing the General Plan to address the broader concepts. Councilmember Smith added that he too favored launch areas for kayaks and canoes, but that they should be located closer to the downtown area. Vice Mayor Berger added that there was a need for an additional restroom facility on the waterfront near the Caprice Restaurant. That concluded the discussion of the Issues Paper. REGULAR AGENDA 5. Recommendation by Director of Community Development and Director Of Public WorkslTown Engineer - Revisions to Landslide Mitigation Policy a) A Resolution of the Town Council of the Town ofTiburon Adopting a Revised Landslide Mitigation Policy . Director Anderson said that the landslides and unstable soils were common on the Tiburon Peninsula due to its history and topography. For decades, the Town maintained an informal policy regarding the repair of landslides which was formalized in 2000, according to Anderson. He said that as the "artlseience" of geotechnical engineering over the last few decades, Staff recommended that the Town's landslide policy be revised to reflect the increased sophistication of analysis and variety of mitigation features, which he spelled out in the proposed update to the policy. . Anderson said that the Town's current landslide repair policy focused on the "full repair and elimination" of nearly all landslides, but he noted that the Town's preferred option when dealing with potential landslides was one of avoidance, and this was addressed in the Town's General Plan. When avoidance is neither feasible nor appropriate, the new policy establishes the framework in which excavation or reconstruction might take place through the establishment of difli:rent risk "levels." . Councilmember Smith asked for clearer definitions of the risk levels. Couneilmember Smith also asked whether the policy was broad enough to apply to re-model projects and was told by Director Anderson that it was. Councilmember Gram added that he was required to take mitigation measures on his [home] project in 1978. . Councilmember Gram asked if the Town could only take action under the policy if a [development] application was on file. Town Council Minutes # 15-20114 Augusl4. 211114 Page 9 Anderson stated that the only time the Town could require mitigation was on private property. . Gram also asked whether any other cities or towns had similar policies. Anderson replied that the proposed policy was similar to one adopted by the City of San Ratael. Mayor Fredericks asked under what circumstances would the policy prevent the repair of a landslide in order to avoid loss of natural resources. Director Anderson said that implementation of the policy might not be that severe but that it might be that the solution lay in a different design, or a requirement to fix the landslide in order to protect other areas, such as a ridgeline or endangered species habitat. Mayor Fredericks opened the public hearing. Helen Lindqvist, 3 Cazadero Lane, asked how the Town would deal with potential slides outside of its jurisdiction, such as the Easton Point property in order to protect Tiburon residents who lived down slope from the project. Director Anderson said that the Town would have numerous opportunities throughout the development process [due to CEQA regulations] to comment and have input with the County's Planning Department. Mayor Fredericks asked how the Lyford's Cove/Old Tiburon Homeowner's Association could received notice of County hearings on this and other projects. Anderson said that the Association could be included on the County's "club list" for this project if they asked for it. . Mayor Fredericks closed the public hearing. Director Anderson said that the Town's soils consuhant had submitted a letter commenting on the proposed policy but was out of Town' for the meeting. He said that Statfhad also received comments from the public and he recommended that the Council continue the hearing in order to allow Staff and Council to further review these items. Council continued the matter. COUNCIL, COMMITTEE AND COMMISSION REPORTS Vice Mayor Berger reported that he and Mayor Fredericks had attended an Executive Forum in Monterey, sponsorcd by the League of California Cities, and that the Town was "covered" in comparison with some other small cities/towns with regard to the State budget crisis. He acknowledged the work of Council and Staffin this regard. Town Council Minutes II /5-2()()4 August 4, 20114 Page III . ') . WRITTEN COMMUNICATIONS . . Town Council Weekly Digest - July 23,2004 Town Council Weekly Digest - July 30, 2004 "' The Town Manager pointed out articles concerning: --State Budget (the anticipated receipt ofVLF monies) --NY Times article regarding MERA' --September 15 date for Lyford Cover Undergrounding Assessment District hearing ADJOURNMENT There being no further business before the Town Council ofthe Town of Tiburon, Mayor Fredericks adjourned the meeting at 9: 15 p.m., to the next regular meeting scheduled for Wednesday, August 18,2004. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 15-211114 Augus/4. 21104 Page 11 . Town of Tiburon STAFF REPORT . . 2, AGENDA ITEM ... .. . . . . . . . ., . . . . . . . . .. . . . ... ., . . . . . . . .. TO: Mayor and Members of the Town Council Pat Echols, Director of Public Work~1 Town Engineer L FROM: Accept 2003-04 Street Rehabilitation prOiectQir,ac. t as Complete MEETING DATE: August 18, 2004 REVIEWED BY: . / SUBJECT: . . . . .. .. . . .. . . . ., . . . . . . . . .. . . . ... . . .. .. .. . . . . . On May 19, 2004, the Tiburon Town Council awarded a contract to Ghilotti Construction, Inc. in the amount of $277,495.88 for the 2003-04 Street Rehabilitation Project. DISCUSSION Rroject construction commenced in mid-June 2003 and was completed in July 2003. The work included resurfacing of the multi-use path and Richardson Bay Sanitary District access road. The District agreed to fund the resurfacing work between the Shapiro bridge and their plant entrance near McKegney Green. The final contract price was $289,446.28 (project budget was $295,000) which included extra digout repairs on Via Los Altos and Trestle Gien Boulevard. Contract work was completed in conformance with the project plans and specifications. RECOMMENDATION It is recommended that the Town Council accept the contract work performed by Ghilotti Construction, Inc. for the 2003-04 Street Rehabilitation Project as complete in accordance with the project specifications, approve the attached resolution and direct staff to file a Notice of Completion. RESOLUTION NO. XX-2004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING 2003-04 STREET REHABILITATION PROGRAM WHEREAS, Patrick F. Echols, Town Engineer for the 2003-04 Street Rehabilitation Program has stated that, as of August 2004, the contract work was satisfactorily completed in accordance with the contract specifications awarded on May 19, 2004 to Ghilotti Construction, Inc., Santa Rosa, CA. NOW, THEREFORE, IT IS RESOLVED that the Town Council of the Town ofTiburon accepts the contract work as complete, which is more fully described in the aforementioned contract, located within the offices of the Town ofTiburon. PASSED AND ADOPTED at a regular meeting ofthe Town Council ofthe Town ofTiburon on, Wednesday, August 18, 2004, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI TOWN CLERK -1- . . . e . Town of Tiburon STAFF REPORT 3 AGENDA ITEM . .... ..... ... ..... .. ....... .. ... . .., .. ....... TO: Mayor and Members of the Town Council Pat Echols, Director of Public Worksl Town Engineer~- FROM: Appro,", PI... f.. 2<lO4 C.pltallm,""",~"" p~ Drainage & Sidewalk Repairs MEETING DATE: August 18, 2004 REVIEWED BY: ' SUBJECT: ..... .. .,. . ... ... . .. ....... .. ... . . . ... .. . .., .. DISCUSSION Plans have been prepared by Harris & Associates for the 2004 Capital Improvements Project (Exhibit 1). The project includes drainage improvements on Spanish Trail, Taylor Road, Greenwood Court and sidewalk construction at Tiburon Boulevard and Cove Road. The City of Belvedere has agreed to share the sidewalk construction cost since part of the work will be within the Belvedere city limit A portion of the Greenwood Court drainage system that needs replacement traverses through a private drainage easement and will require financial participation by the adjacent property owners. Staff is working with the property owners to secure a written agreement for this portion of the repair work. The Spanish Trail repair work was included in the 2003-04 budget ($60,000) but staff elected to postpone the work and bid the work as part of a larger project in an effort to lower costs. The current engineer's estimate for this work is $27,000. The current budget does not include the Spanish Trail work and will require a budget amendment to re-allocate funding. The Town's portion of the Greenwood Court repairs are estimated to be about $35,000 and the Taylor Road work is estimated to be $35,000. The current CIP budget for drainage repairs is $50,000. Therefore, a budget amendment of about $47,000 will be necessary to fund the overall project. The actual amount will be known once bids are received and will be requested when staff returns with the authorization to proceed. Staff is prepared to solicit contractor bids for the project. RECOMMENDATION It is recommended that the Town Council approve the 2004 Capital Improvements Project - Drainage & Sidewalk Repairs and authorize staff to solicit contractor bids for the project, EXHIBIT 1. Project Plans . . . ' ..(;j:< .. ~~:~:::'.:'-":'i . RI\j-I.t.' \"i.{.' ". , . 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Town of Tiburon STAFF REPORT AGENDA ITEM -1-- . . . . . .., . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: .Mayor and Members of the Town Council Alex D., Mcintyre, Town Manager ~ Request for Street Closure and Funding for "Fridays on Main" FROM: SUBJECT: MEETING DATE: August 18, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Downtown Development Commission of the Tiburon-Peninsula Chamber of Commerce has been meeting faithfully for nearly a year developing a strategy to better promote and enhance Tiburon's downtown. One recommendation from the Commission is to host a month's worth of events downtown to raise awareness and promote a better sense of community. The Chamber has also asked for financial assistance from the Town to sponsor the event. As of the writing of this report, I do not have a specific financial request; I will have a detailed budget from the Chamber prior to the Town Council meeting. There are sufficient funds in the Economic Development Program budget of the Administrative Services Department. Recommendation It is recommended that the Town Council authorize the street closure of Main Street as proposed for the "Fridays on Main" and to authorize financial sponsorship of the event. Exhibit A - Notice of Hearing EXBIBrr NO. , TOWN OF TIBURON COURTESY NOTICE OF PROPOSED PUBLIC STREET CLOSURE Notice is hereby given that a reques,t by the Tiburon-Peninsula Chamber of Commerce will be heard by the Tiburon Town Council at its meeting on Wednesday, August 18, 2004 to consider a request for a street closure on Main Street in downtown Tiburon. The meeting will be at 7:30 PM in the Tiburon Council Chambers located at 1505 Tiburon Boulevard in Tiburon. As proposed, the Town of Tiburon will authorize closure of Main Street from the intersection of Paradise Driveffiburon Boulevard and Main Street, through to the circle in front of the Main Street parking lot on the following dates: Friday, September 17, 2004 Friday, September 24, 2004 Friday, October 1, 2004 Friday, October 8, 2004 This portion of Main Street is to be closed between 5:30 p.m. and 9:30 p.m. on each of these days. The street closure is part of the "Fridays on Main" program operated in conjunction with the Tiburon-Peninsula Chamber of Commerce and the merchants of Downtown Tiburon. During these events, Main Street will remain open west of the Main Street ,parking lot through to Beach Road. This street closure will not affect emergency access to Corinthian I,sland or to the merchants of Ark Row. Thank you in advance for your cooperation and understanding. You are encouraged to join yourfellow residents fOr this community activity. Questions regarding this application should be directed to Town Manager Alex Mcintyre at 435-7383. .: . . STAFF REPORT AGENDA ITEM --i-- Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FROM: Mayor and Members of the Town Council ij); TO: Alex D. Mcintyre, Town Manager SUBJECT: Request for Street Closure and Funding for "Fridays Nights on Main" MEETING DATE: August 18, 2004 . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I have finally had a chance to meet with the Chamber of Commerce representatives to discuss the Friday Nights on Main program. A few changes from my original staff report need to be noted. 1. The event is now known as "Friday Nights on Main". 2. The intent of the "Friday Nights on Main" is to be a demonstration project for an anticipated summer long program beginning May 2005. 3. The request is now for five consecutive Friday nights beginning on September 17, 2004. The Fridays will include: September 17, 2004 September 214, 2004 October 1, 20b4 October 8, 2004 October 15, 2004 The latter Friday was added because it coincides with the Tiburon Peninsula Club's Tennis Tournament which attracts quite an audience both locally and nationally. This was not in the Courtesy Notice to the property owners on Corinthian Island and downtown. 4. The financial request from the Town is $5,600. TOWN COUNCil LATE MAIL # 1 MEETING DATEJ~..Jf'--~1 . . . ~~1J6') August 9, 2004 RECEIVED /tUG 1 0 2004 Mr. Alex Mcintyre, Town Manager Town of Tiburon 1505 Tiburon Blvd Tiburon, Ca. 94920 "; c" '~;: :::': "~ ::~:: ~:-;~ G?~:',;. ~~~,~i r r Dear Alex: The Tiburon Peninsula Chamber of Commerce is planning the first Tiburon OktoberFest to be held on Saturday, October 2 from 1 to 4pm at the Boardwalk parking lot. The'rewill be. food' (bratwurst, hotdogs, Genna., potato salad/and sauerkraut, wine arid beerusting (both Germari and Anlerican) plus root beer, and the authentic German "oompah" band of Micki Barzilay for dandng in addition to face painting for the kids. A huge pumpkin will be on hand for the annual ~~Guess the pumpkin's weight" contest. '. . Children are welcome, accompanied by a parent, but no strollers will be allowed. Please leave all pets at home. Cost is $20 for each adult and $10 for children from 10 to 20-years-old. Children under 10 are free. Proceeds from this event will assist the chamber in its various activities on the peninsula. Coming up in the next few months are the downtown holiday decorations and lights plus a chamber holiday party for all local residents. We plan to have the lighting of the trees on Tiburon Blvd and Main Street up and running the last week in November and also plan to have a photo booth (~ith your permission) in the Council chambers on Saturday, December 4 and will have Santa there from 1 :30-3:30pm. . ..' .' . The mission of the Tibu;on Pe~in5llla Chamb~r of Ctlmmerce is to acti~el~... . promote the economic development of the Tiburon Peninsula consistent with Tiburon Peninsula Chamber of €ommerce . P.O. Box 563. Tiburon. CA 94920.4]5-435-5633 e-mail - tibcc@aol.com www.tiburon.citysearch.com Page two . preserving and enhanong the quality of life in our community. Contributors to the OktoberFest include the following: City of Belvedere, Main Street Properties, Point Tiburon Plaza, Bank of Marin, Raccoon Straits Assodation, Fred & Joyce Nicholas. A contribution from the Town of Tiburon in the amount of $2,000 would be gratefully appreciated. Many thanks, Cfsi~~/ Cathy Lars:n, 2Jairman ~ Steve Sears, Vice Chairman . . . . Town of Tiburon STAFF REPORT (, AGENDA ITEM .... . . .. . . . . . . . . . .. . . . .., ... . . . . . . . . ." . TO: Mayor and Members of the Town Council Pat Echols, Director of Public Worksl Town Engineer ~'. FROM: SUBJECT: Rotary Club Proposal to Install Binocular Viewing Scopes at Ferry Plaza ~ MEETING DATE: August 18, 2004 REVIEWED BY: . . . . . ... .. . . . . . . . . . . . . . . . .. ... ... .. .. .. . :... BACKGROUND & DISCUSSION As part of the Rotary Club's Centennial Celebration, the Tiburon Sunset Rotary Club would like to undertake a community project in recognition of its anniversary. Their proposal (Exhibit A) is to install binocular viewing scopes adjacent to the Zelinsky Bridge at the Ferry Plaza. The two potential locations where. they desire to install the scope are adjacent to Zelinsky bridge at the Ferry Plaza or behind (bay side) the Donahue building. The Rotary Club proposes to pay for the installation and maintenance of the scope. The Town's liability claims advisor has reviewed the proposal and recommended that some form of safety railing should be provided and that the Town should require liability insurance if the proposal is approved. The safety railing would match the existing railing at the Ferry Plaza and a minor sidewalk extension would be needed to provide a viewing location for disabled users, RECOMMENDATION It is recommended that the Town Council receive a brief presentation from the Rotary Club, solicit public comments and approve the Rotary Club proposal contingent upon compliance with the Town Attorney's liability insurance requirements. EXHIBIT A - Proposal from Rotary Club of Tiburon Sunset . 8/12/2004 1011 .. .\ Proposal for Rotary's Centennial Celebration Project Prepared for the Tiburon Town Council ' ~ ." I;": J;" ".."" ;': > ), J"l,J.,-!,f.t'\'l' I~' ~;:, 'r~ ,"~~~'~,..., ..:;: :;;' , r>fL'~'" hL31>"~ ~,;; .,' ...,) ~"<'j'::";L~';'''''1 ::. 'Z I.... ...... 1 ,..-:'i\.I;','., .,J ,..~ 0:, ~,i,~;;J~,;f~'S(!t..:-r ;:; ~. ," "-'?"'~, ;i~.."~">'~;} .'--.:. ["1'; "",1.W'sJ.'\:.~fV_ t;, ::J .1."lr':rJN l~" ,.,; , v< ~ n M "'j r~ ~". '" "' .< Prepared by Stephen Sanders, Rotary Club of Tiburon Sunset August 4, 2004 stephensanders@mindspring,com Page 1 of 16 . . TABLE OF CONTENTS 1, Summary., """. "" "" "" '" ":." "" ,.." ""," "","'" ",' "",' '" "., "",' ""'" """ "". "".. 3 2, Proposed Site Location and Drawings ...... ......,.....,............. ..,:..., 4 2,1 ADA Compliant Viewer.........................,....,..,..............,:................ .4 2.2 Standard Viewer.., ..........,..............'..'......, ......,......,.... 5 3, Vendor Information and Viewer Specifications....... ......................,............., 6 31 ADA Compliant Base ........,.. .........,......,..,..,.. ....,....,................,...,' 6 3.2 Standard Viewer ..........,........................................... ,..........,......,.., 8 4. Rotary's Commitment to Stand Behind the Project ,........,............... 10 5, Special Considerations ................ .....................,......,..............,............... 10 5,1 Community Suppor!...,.... ..........,..,......, ..................,.....,........,' 10 5,2 Design of Installation........,........................ .............................. 11 5.3 Proper Insurance Coverage ..".........,.....................,.., .., 11 6, Review Process .......,..,.............................,.......................................... ..11 7, Proposed Terms..................,..,.... .....,.....,..,..........'.......... ,.............. 12 7.1 RCTS' Obligation ......................,..................................,.......... 12 7.2 Sample Leasing Agreement from Vendor ,......,..,........,....,....,..'.., . , 13 7,3 Proposed Rotary Plaque..........................:...., ....,...........,.... 16 8. Next Steps .................... ........... ...,.............. ....., 16 stephensa n ders@mindspring,com Page 2 of 16 i. 1. SUMMARY ~~"............ ~...". '.>' _.".'~, ~..,..~.::i ,'.......,~.~...~..~' " "".~..""' u.=~~ The Rotary Club of Tiburon Sunset (RCTS) wishes to install two binocular viewers near the Ferry Plaza in Tiburon in celebration of 100 years of Rotary, One proposed binocular viewer could be a standard model whereas the other could be Americans with Civil Disabilities Act (ADA) compliant. The RCTS is made of local residents, business leaders and business and property owners, The RCTS currently runs many projects such as the Big Brothers Christmas Celebration, Polio Plus Campaign, International Development & Exchange Programs, Roadside Cleanup Program and Community Service Programs and Donations, , Rotary International was founded was founded in 1905 as a philanthropic organization, and today is a force in the world helping to improves the lives of millions of people. Rotary's Centennial is desired to give back and to provide a service to the local community, to establish a lasting memorial that will benefit the community and its guests and to provide an awareness of Rotary and its good works, The proposed idea is to provide the Town of Tiburon with a gift of a two binocular viewers and their upkeep to be located near the Ferry Plaza in order to: -Positively enhance any experience in our community, -Frame Tiburon's fantastic view equal to or surpassing that of Vista Point, Sausalito or Coit Tower, -Publicly celebrate Rotary's 100 years of public service, The RCTS would like to install the binocular viewers to enhance the view of Angel Island, San Francisco and the environs of the Bay, and to place the stephensanders@mindspring,com Page 3 of 16 .. viewers within walking distance of shops and restaurants, RCTS would like to purchase, mount, and maintain the viewers, 2. PROPOSED SITE LOCATION AND DRAWINGS ,'Ulill": . ~ ,,..,,,~~~;~,~,.jO.;..' .~".. "'~L",~~~J~"" ..tl"'~ The proposed site is next to the Ferry Plaza, and below are photographs of the two types of proposed binocular viewers: (1 ) one type that is American with Disability Act (ADA) compliant, which allows for people in wheel chairs to use the viewer and (2) a standard type that uses a taller metal support, 2.1 ADA Compliant Viewer This picture was taken at Vista Point on the north side of the Golden Gate Bridge, stephensanders@mindspring,com , Page 4 of 16 .. 2.2 Standard Viewer These pictures were taken from the Tower Optical website located at http://www.toweropticalco.com. y stephensanders@mindspring.com Page 5 of 16 . . 3. VENDOR INFORMATION AND VIEWER SPECIFICATIONS l'll'h.", ~,a'._. .' ... "".".~.~~,_, .~...,",'.~.~' ~" """,. ..-~. ..,'=mrn~~=.~'II."'~ Both proposed viewers are made by Tower Optical. Tower Optical Company found at: htlp:/lwww.toweropticalco.com/index.htmland their phone number is (203) 866-4535, Tower Optical's viewers are excellent quality and can be found at numerous locations such as Vista Point and Coit Tower. 3.1 ADA Compliant Base 'Tower Optical was among the first to design a viewer base that cornplies with the guidelines of the Americans with Disabilities Act. The wheelchair-accessible base was developed with input from the Eastern Association of Paralyzed Veterans, Specifications: Construction: Total Weight (Complete viewer) Overall Height Welded tubular steel 200 Ibs, 51" stephensanders@mindspring,com Page 6 of 16 ".-~~:.:::iiE~~:::::.~~\~.--~....". ,'f' (..~! ..."'.L_....' '. " --:---~.--/l- ;-:~~~-::' ''''~''''I !i~ \:., \ ,1,1; I .I,r"..l.)_ 1';'.=: ",'. " II', "('.n l"'-'..;,~' J"'-"'"1( ,i,.-, r"';' I' ".......::...:....:::,...::;.:',:=" 1\ ...~'""t,'I" .~ '1't(,i'~".'I.~o~.I';~ J: lilllJ.,lt I ,1',-, ' .'ij f ",":,..' 'I ......,...."..... ,..,..",,1-_.. ,,-' , I I ',.. ~~l~\, ' ![,~""'-r, /.i / i "I' '"~ '"""~~ ~ " l I r <'" "', "'~ ,- ".~: . / / J <\ tiO__ .... ,,/ _/ \, ," \\\i:;::::::::;;I",::/i ~,~ '."'-'-:;::.,';'::"~"','-: " Ij: __1'__' cll~::i~~~~==-=~:~:::~-=='='=-- ~-:~\~;J 'II i, i!I '\'i II II , ' ~,-f ;:;lc 4.;:''' I;,:' ~,------~_._.,._-...,,-""-- .';,..."., ,~);J I '. ,I ""I J","" ,.ti'," . L' 0,'__,. -:;'.~" ,~":~":~:::;,::;:~::.~::~.: ~ "___"_~"",,,,_,,,,,,"""_" ~._._"._~.,.",.._'.._..,,~.~,ti_"_~.'_'_"___"'_^"'_'~""~_n_."",-"" 1"V' L 1'..,';" ...:. stephensanders@mindspring,com "'['I" ....1., i >--,,~.......<.,.. Page 7 of 16 ~? St~nrL~rrl V!~\.!'!~r Specifications: Rinf'\(".1 d~r I Focus system Maanification Field of view Focus free 7 x 35 578 feet (Q) 1000 vards Weatherproof Components Housino Yoke, Pedestal, Base, Step-up Chrome olated Bronze castino Cast iron internal Bronze and stf:!!n1ess !;t~Al Rotational Angles 3600 450 up 220 dO\lvn Viewing Guide Pointer, disk and customized legend card Color Housing , Yoke, Pedestal, Base Chrome Plated Standard - Black Total Weight 3001bs. Overall Height 63" stephen sanders@mindspring,com Page 8 of 16 f ~ {' '}.r.:."" I .l ,.:,~"" ..;..} ,.~"~~?;;f.:;;~-:::::~O::::;:'~~'" 1 ./ ..;:.,... ~r I':~~ C'''~;) '\\ " ,rjl ~~ ~.;..,1./...., :t.,. _r '~\ iPY~'II!il'-:::~~~~ l~r" '~Ilil '_N"111'-----""""'J ,,-.:J.. I , ,t I ~ .. :' . ~ j I / 'e_!'1 ll~ I l ~~ ',' l--~"'-' /. t II ~,... "'''' ,-"" .I'~}} \ \. ~__._~,.~... r 1 , ' ," ~f '. '; \" I I ... \, ...... ./:' ,/ \\,..,:. "..,~:'.'.':,.:);/'/ '\1 '- f/ ~'~c~~,,=::.-t \"--"-1 1'1, r-"\'I I"" ]'; ! It .ii 11'.'-';"::" I 1/'-'''-::.'7 i-'--'! I . f J I 'I 1 i I ..."...,.,..--., ,., ,'",1....""..... II' ~~' '-1" ..,---' ~; <~~~:~~~=~;:) [=~~;:;;-~=:~._~" 1 t. ",c... _,___...._~"".._,""""......-L,_~- ,.-".'" (:1 ~:;~9y- - ._-_.,~~;cr~~rr: I, '. I. '. ,I .~~;.~,.,"~:~.~,-_.---..~ --=:~~:~=.::::::'::~ ~~:>' ,! ..",~. ~..~ . . -<,'---:c,-~'...--'-i . ..~" ;'" <i: t. \ I. ,:: I .~. ...........----.-.- -,,-, \. --,. ., --":,1 -.::..,-,'--','.:.-..-----"'-,,-.'- ~'"'' -,---,,_..._,.".._~.~c,~_.....-.,....,. -..," T I i i , ! j ...... t'~" ~j j 59" I I I I I' "''''-'i s:'1 I "~"..__.._"._'; i i 5,"', I I "--~'1 3"1 ._.,~,t_,..""""",.__,__~__,____-~""m'-- '....\. \ stephensilnders@mindspring,com Page 9 of 16 . 4. ROTARY'S COMMITMENT TO STAND BEHIND THE PROJECT BiWuo1i/-' -- .~ _. ~. ,,,. ". .... ..~.,,~ ,ft'!!"JI'l . " ..."l!"'I':.~~ The RCTS has set aside funds for maintenance and support and is 100% committed to stand behind the project and its on-going maintenance, Moreover, Tower Optical's terms and conditions for leasing viewers include: maintenance, insurance and yearly inspections (see sample contract under "Proposed Terms"), 5. SPECIAL CONSIDERATIONS I_~,~ ",_, ,,,~., _c' ,'..,... '''''"".,,~'' "=.'__ ,~ J.Il"'t',~_,.~ ,~.~. 'W ,."~ N' .',. ~"', ,,'," c. ~~, .~~- ~ Three special considerations seem to be of utmost importance: 1) Community Support 2) Design of Installation 3) Proper Insurance Coverage 5,1 Community Support Certainly, Community Support is of utmost importance, Rotary desires to create the proposed binocular viewer project, yet, a prerequisite for this project would be community support, At this point RCTS has only heard one opinion speaking out against the proposed project and at least 40 or 50 people who believe it would enhance the waterfront and provide an enjoyable experience for visitors to, and citizens of Tiburon. Moreover, it has been said that people of all ages could enjoy the proposed viewer project. stephensanders@mindspring,com Page 10 of 16 .. , 5.2 Design of Installation The specific design of the installation should be one that fits seamlessly with the existing waterfront. In conversations with the POSC and the Town Engineer, Pat Echols it has been recommended that installation of the viewers employ a guard rail that is identical to that in use on Zelinsky Bridge and along the area in front of Guaymus Restaurant. Furthermore, with regard to the ADA compliant viewer it may be necessary to create a small, roughly 4' x 4' concrete pad, along the waterfront with approximately 12 feet of the Zelinsky Bridge, The type of ground covering of said concrete pad can be identical to that of the walkway, originally constructed by Ghilotti Construction, In closing, the design of the installation of ' the viewer would entirely match the area of the waterfront near the Zelinsky Bridge and the viewers will blend in completely with the walkway and bridge, 5.3 Proper Insurance Coverage Tower Optical is accustomed to insuring their binocular viewers and have agreed to have their Insurance Agent, Collette Grise of Shoff Darby in Norwalk, CT work with RCTS and the Town of Tiburon to determine an appropriate policy to provide proper insurance coverage, 6. REVIEW PROCESS ~~~~""''' __",~~~":=,~,,,,,~.~~~l"!l.~'~~"~~!~ RCTS understands that it is imperative to receive community support for such a project and has actively met with the Parks and Open Space Commission, (POSC) to receive permission to approach the Tiburon Town Council. RCTS has also met with the Point Tiburon Bayside Condominium Owners Association and plans to follow up with them, RCTS has also offered to meet with the Point stephensanders@mindspring,com Page 11 of 16 \ Tiburon Lagoon Condominium Owners Association and were told that that Association would not take a position on a proposed RCTS binocular project, but would recommend that if any of its members wished to voice an opinion that they could do so at an appropriate session of the Tiburon Town Council. 7. PROPOSED TERMS titl~"~~ - ".", 'i':;U."'-" "'m ro ., "~",'= ._. ~""",,'.~L....,..m~ 7.1 RCTS' Obligation The RCTS is considering paying the cost of the viewer installation, plus a 3 year lease for each of the two proposed viewers, Currently, a rough estimate for installing both viewers is being composed using information from Ghilotti Construction since they were the General Contractor on the construction of the walkway along Point Tiburon as well as the railing near the Zelinsky Bridge area near Guaymus Restaurant. Before a 3 year period lease period would expire the RCTS and the Town of Tiburon could determine if Rotary will continue to pay for future leasing costs, if the viewer should be kept or if the Town of Tiburon desires to pay for all or a . portion of future leasing costs, Leasing costs are roughly $450,00 per year for each viewer, totaling $900,00 per year. The RCTS is open to many possible options, stephensanders@mindspring,com Page 12 of 16 .. I 7.2 Sample Leasing Agreement from Vendor Attached is a sample contract as proposed by the vendor, Tower Optical Company, which indicates their desire to accept the legal responsibility and obligation to provide maintenance and insurance for the proposed viewers: THE TOWER OPTICAL COMPANY, INC, ARTICLES OF AGREEMENT Agreement entered into this day of 2004 by and between (hereinafter called ) and The Tower Optical Company, a corporation organized and existing under the laws of the State of Connecticut, with its office and principal place of business in Norwalk, in 'the State of Connecticut (hereinafter called TOWER OPTICAL), In consideration of the mutual covenants and agreements herein contained, and TOWER OPTICAL understand and agree to the following: 1, EQUIPMENT TOWER OPTICAL shall provide ( ) Tower Optical non-coin-operated, viewer(s) for installation at mutually agreed upon site(s) on the property of in the Town of , County of and State of _' TOWER OPTICAL is and shall remain the sole owner of all viewers installed under this agreement. 2. TERM The term of this agreement shall begin on the day of 2004 and shall continue until terrninated as described in Section 7, 3, FINANCIAL PROVISIONS ,stephensa nders@mindspring,com Page 13 of 16 \ agrees to pay $ /unit/year for a minimum . ( ) year term, The first payment shall be made prior to shipment. All other payments shall be made annually upon receipt of invoice, Remittances shall be forwarded to: Name: The Tower Optical Cornpany, Inc Address: P,O, Box 251 South Norwalk, CT 06856-0251 shall be responsible for the payment of any and all freight charges associated with the delivery and return of the viewers herein described, 4, EXCLUSIVITY TOWER OPTICAL shall have exclusive right to the operation of binocular or telescopic viewers rented or operated by coin on the property described herein, 5, LIABILITY shall notify Tower Optical regarding any viewer and/or installation covered under this agreement which is deemed unsafe for public use. TOWER OPTICAL shall assume all risks of damage, theft, pilferage, and vandalism, and shall not be held responsible for any damage to the said viewers while the same are installed on the property described herein, so long as the damage is not caused by negligence or intentional misconduct of 6, SERVICE stephensanders@mindspring.com Page 14 of 16 TOWER OPTICAL officers and employees, or duly appointed agents, shall have free access to go upon the property described herein for the purpose of installing and/or removing its viewers, and/or collecting, servicing, repairing and maintaining the same, 7, TERMINATION Either party may terminate this agreement any time after the day of by giving the other party written notice by registered mail at least 30 days before the desired termination date, 8. ATTORNEY'S FEES In the event Tower Optical is required to begin legal proceedings to enforce the terms and provisions of this agreement, its damages shall'include all costs and reasonable attorney's fees, . 9, ENTIRE AGREEMENT This agreement constitutes the final and complete agreement of the parties concerning Tower Optical viewer installation as herein described, This agreement may be changed only by written notification that is signed by both parties, THE TOWER OPTICAL COMPANY, INC, Signature Signature Printed Name Printed Name " Date Date stephen sa nders@mindspring,com Page 15 of 16 \. 7.3 Proposed Rotary Plaque The RCTS would like to propose a plaque that will acknowledge the 100 years of Rotary, Moreover, each viewer has a small place holder for information that may contain a Rotary symbol or words stated below in commemoration of the Rotary Centennial. The RCTS is open to discussions with the Town of Tiburon and understands that any plaque or similar item must be tasteful, understated and must blend in with its surroundings, Possible language for a plaque may read: "A gift to the Town of Tiburon in commemoration of the 2004-2005 Centennial Anniversary of Rotary International by the Rotary Club of Tiburon Sunset" 8. NEXT STEPS ,~~ ._.,.. w~" . ~~r'''''l.'''!:!.''_ .., "~zo."..."..,,,,,_'" ,..'t'i~,-=~~". ""~~ '"~~ =~ The RCTS would like to proceed with getting the necessary approvals, planning to complete the installation and inauguration before Christmas 2004, stephensanders@mindspring,com Page 16 of 16 . . . Town of Tiburon STAFF REPORT AGENDA ITEM ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town C~i1 Alex D. Mcintyre, Town Manager ~ Appointment of Tiburon Alternate to the Marin Emergency Radio Authority (MERA) Board of Directors FROM: SUBJECT: MEETING DATE: August 18, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Town Manager has served as Tiburon's delegate to the Marin Emergency Radio Authority (MERA) Board of Directors over the past four years. Tiburon has not named an alternate, Given that I will not be able to attend the next MERA Board Meeting scheduled for Thursday, August 26, 2004 and in light of the timeliness of having Tiburon's voice heard, it would be prudent to have an alternate named who can cast a vote on behalf of Tiburon. I believe a Councilmember would be an appropriate selection. Recommendation It is recommended that the Town Council appoint one of its members as the alternate to the Marin Emergency Radio Authority Board of Directors. . . . Town of Tiburon STAFF REPORT AGENDA ITEM -B- TO: MAYOR AND MEMBERS OF TOWN COUNCIL DANIEL M. WATROUS, PLANNING MANAGER FILE #30403: AMENDMENT TO THE PRESERVE PRECISE PLAN (PO #16) TO AMEND A BUILDING ENVELOPE; 6 INDIAN ROCK COURT; CHRISTOPHER SENN AND INGE HENDROMARTONO, OWNERS; MARCI CAMACHO, ARCHITECT AND APPLICANT; ASSESSOR'S PARCEL NO. 38-400-03 ~, AUGUST 18, 2004 REVIEWED BY: ~ FROM: SUBJECT: MEETING DATE: PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: General Plan: Zoning: Current Use: Owners: Applicant: Date Complete: Preliminary CEQA Determination: BACKGROUND 6 Indian Rock Court 38-400-03 30403 66,211 square feet Medium Low Density Residential RPD (The Preserve Precise Plan, PO #16) Single-Family Residential Christopher Senn and Inge Hendromartono Marci Camacho/Suzman & Cole Design Associates July 9, 2004 July 22,2004 ." Qf__U8u,,- .- '(~..~ ~~, - f"""'-'::2~,'", >;-;:-~; ~~'o .....o'.~."'.. ,I' ~NIAli-J,(.. '. I . The project is the proposed amendment to a precise plan (the Preserve Precise Plan) for property located at 6 Indian Rock Court. The applicant wishes to amend two different portions of the building envelope for this lot. On July 28, 2004, the Planning Commission adopted Resolution No, 2004-08 (Exhibit 3) recommending to the Town Council that one of the building envelope expansion requested under this precise plan amendment be approved, but that the other envelope expansion be denied, PROJECT DESCRIPTION Phase I of the Preserve Precise Plan was approved by the Town Council in 1985, and established building envelopes for each of the parcels in the subdivision. At that time, a scenic easement was required between the building envelopes for the homes at 6 and 8 Indian Rock Court, In 1988, a single-family dwelling was constructed on the property located at 6 Indian Rock Court in general compliance with the approved building envelope for this lot. A Site Plan and Architectural Review application has recently been approved by the Design Review Board STAFF REPORT . I .", ~..9 L!!~~ ,,- ~/ '.'~o "-(/E': \f .... T~' .=d ~~. - f",~ 2"~/ ?o'~~~= ~~'.l I<'o.~-".... .~ ,(>NIA-itr':' , . Town of Tiburon . . . . . . . . . . . - . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . for the construction of major additions to this house, along with certain landscaping improvements to the site, The property owners now wish to make several modifications to the approved building envelope for this lot. The building envelope would be expanded on the western side of the lot to allow fencing to extend to the side property line, A portion of the envelope would also be extended to the east to allow for additional landscaping and improvements to be planted, ANALYSIS Compliance with the Preserve Precise Plan The Preserve Precise Plan, as adopted by Town Council Resolution No, 2339 (Exhibit 6) includes the following requirements pertaining to the building envelopes for each lot: . Condition of Approval No, 10: "Building envelopes have been left large by the Town Council to provide the Town's Board of Adjustments and Review with greater flexibility in applying appropriate design principles and policies to the proposed residences, and to ensure maximum compatibility with existing structures... [The'besign Review Board] shall give consideration to whether reasonable efforts have been made to minimize the adverse impacts of the proposed residence on adjoining residences and open space, The Board may require modification to the design, location and size of the proposed residence, where necessary, to minimize such adverse impacts," . . Condition of Approval No. 12: "No improvements of any type, including fences, temporary or otherwise, shall be permitted outside the approved primary or secondary building envelopes, In addition, no planting of trees or shrubbery shall be allowed along property boundaries which would have the effect of appearance of fencing the property, as determined by the Board of Adjustments and Review," Western Buildino Envelope Extension The western portion of the site is currently undeveloped, with some shrubbery and trees planted near the front of the lot. Both this lot and the adjacent property at 4 Indian Rock Court have a 20 foot separation between the approved building envelope and the side property line, 'A 10 foot wide drainage easement is present along the side property line, Design Review approval has been granted to construct a six foot (6') tall wood and wire deer fence around much of the perimeter of the building envelope, The applicants are requesting to extend the building envelope to the western side property line to allow the fence to be constructed along this boundary, The applicants have indicated that the adjacent property owners at 4 Indian Rock Court have also expressed an interest in constructing a similarfence on their property, . August 18, 200- page 2 of 5 . .- . Town of Tiburon STAFF REPORT The Commission was not supportive of the proposed eastern building envelope expansion, In particular, the Commission felt that it would be unfair to approve the proposed improvements within the scenic easements, when the Town had previously required the owner of the adjacent lot at 8 Indian Rock Court to remove similar landscaping within the same easement. As a result, the Planning Commission adopted Resolution No, 2004-08 recommending to the Town Council that precise plan amendment to allow the western building envelope expansion be approved, but that the amendment to expand the eastern building envelope not be approved, ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines. RECOM MENDA TION Staff recommends that the Town Council hold a public hearing on this item, then adopt the draft resolution approving the amendment to the Preserve Precise Plan for the establishment of a western secondary building envelope for the property at 6 Indian Rock Court, subject to the conditions contained therein. ' EXHIBITS 1, Application form and supplemental materials 2, Draft resolution 3, Planning Commission Resolution No. 2004-08 4, Staff Report of the July 28, 2004 Planning Commission meeting 5. Minutes of the July 28, 2004 Planning Commission meeting 6, Town Council Resolution No. 2339 7, Scenic easement, dated March 20, 1986 8, Submitted plans August 18, 200. page 5 of 5 TOWN OF TIBURON LAND DEVELOPMENT APPLICATION TYPE OF APPLlCA T1QN , y- -~ o Conrlitional Use Pennit , Precise Development Plilll o Conceptual Master Plan o Rezollirlg/Prezonill{.j o Zoning Text Amendment o OfJtlfHill Plan Amendment o Design neviow (DnB) o Desigll Roview (StaH leve!) o Vari;lIlce o Sign Permit o Tlee Permit o Underground WilivN o TOlltLltive Subdivisioll Mnp . o Final Subdivision Map o Parcel Map o Lot Une Adjustment o Certificate of COlllpli<lIlC8 . (lth", Prec.WQ.! PlQA, h~'J!/J.rud. APPLICANT REQUIRED INFORMATION Sl'Il', ADDRESS: G Ir,{/id tv R0f2!' C"){f PA!tCEL NlIMIlER: .4 Pu ,() 38 - '{ oQ - O?, PROI'ERTY SIZE: 66, ZI/ S're: :r,ONIN(;: RPQ OWNER OF PRO('ERTY: ..f:h~>erlrl, Tn$- f./.end.o,oYrlO/1ivnp MAILING ADDRESS: " Ind,,,^,, Roc Ie. ('""M CITY/STATE/ZIP: ~,0'Y0 Ci 9<.i92..'O I'HONENlIMUER: ~/1,~'135-3'57<./ FAX 4,)-'i35'-7<IIL APPLICANT: (Oilier llianPruperty Owner) fYk;,cJ (:,.,;n",cA.o, 5vi0\CW-.../- Gle 6~"'-i\t2 dew" MAILING ADDRESS: 2'51 ({hod< -r."JDv>.d-, ~.tb zr-S ClTY/STATE/ZII': 'SdV'> 1=...", "<,, ,,'en c...4 9'110 ') PHONE NUMBER:-'1!.S" _ 2':>2 _ 0 1'1 FAX </1 s-?( 1-61 to A It C1IITECT/I)ES IG N ERIEN(; I NEER: MAIUNC; ADDRESS: CITY /STATE/ZII': I'HONE NUMBER: " c;d-ItM 1"},/.lt2~JJf>,~ FAX . Plea.w! ;lIdiccrle with llllllslerisk (*) persons to whom co,.,-e,\polUlellce should be se"t. . IlIUEF DESCRlI'TlllN OF PROI'OSED PROJECT (a(tllch seplll'll!e sheet ir "ceded): JlfqJJt:.:i..~,- -k-hnl>f Il },fcflO,J "6 i-"''''''p"'-''* f100'+;"~CIf13 Cuj:l,J~.Lq; -r-k !oi.mdL~ (!..WiS!J~~_/2.Qfj""'+ -jy, orieL Wt<f>i~~VY> t-".!-p, pJQd.MU21lIit.alu 'Y. bUl1ci,"'B ,1'Al1J{,(~"""-d.., p:u.+,iVj.'~ Rx~ ,"-/0 Sttnlc" C'O,nolor, ' I, llle undersigned owhcr'(nr authorized agCt1t) of thcJHoperl)' herein described, herehy make <lpplicalitlll for ;lpproval of the plans suhmitted and 111(1(lc a pan of this <lpplkalioll ill accordill1l;c with the provisiollS or tile Tnwll Ordinances, and I herehy certify that the information given is true and correct 10 the hest of my knowledge and belief. I Ul1derstand thai the requcstcd approval is for lilY bcnefit (or thai of my principal). Therefore, if lhc Towl1 gIants llle approval, with or without conditions. and that action is challenged by a third party, I \vil\ he. responsihle for defending againstll1is challenge. I therefore agree to accept this rcsponsibility for dcrcllSC al lhe Il~qllest of the Towll and also agree to defend. indemnify and hold the Town harmless from any costs, claims or liahilities ari::;illg froll1111e approval, including, witholltlimitalioll, any <lward of allorncys fces that might result [I'Ulll the third party challenge. l () . Signature: ------I-- Dale:" f 14- (o,,+- (If other than owner, lllust have leUer from owncr) DntC:i D<lte AL.:tiilU Conditions of EXHIBIT NO. I P, I c- I >r2... .~ . . _ZMAN &: COLE Design Associates REr.:'-"'/'7':D .... ,,_I, .c' _~ TRANSMITTAL Date: 7-14-2004 'To: Dan Watrous, Planning Manager Phone: 415-435-7393 JUL 1 i" ?004 PLANNING DIVISION TOWN OF TIBURON From: Marci Camacho Re: Senn: File# 30403, Precise Plan Amendment Hi Dan, Enclosed is the additional information you requested in your letter da.ted 7-9-04, The property has surveyor flags and small wood stakes with plastic tags to show both the existing and proposed expansion of the building envelope on the west side of the property (downhill side). Additionally there are surveyor flags marking the approximate location for the stepping-stones on the east side of the property (uphill side), Enclosed is an 11 x 17 plan with red marks showing the locations of the stakes, . Here is the detailed description of text changes for the PPA item #Icalled out on SCDA PPA L-I plan dated 6/15/04: Reed Ranch lot, number 3, located at 6 Indian Rock Court, Tiburon, CA, secondary expansion of the building envelope to place stepping stones in the scenic corridor to connect the existing concrete path to the proposed garden gate to allow safe circulation into the backyard. 12 "-48" high drought tolerant and deer resistant native plants will be added. Here is the detailed description of text changes for the PP A item #2 called out on SCDA PP A L-l plan dated 6/15/04: Reed Ranch lot, number 3, located at 6 Indian Rock Court, Tiburon, CA, building envelope will be expanded on the NW side to the property line and will cross the drainage easement at both the SE and NWends of the building envelope with detachable fencing to provide access to said drainage easement, A proposed transparent deer fence to run along the property line, The N end of the fence will connect to the face of the house along the existing retaining wall, Best regards, Marc; Camacho Cc: Client, SJS Enclosures: Preliminary Title Report dated 11/1/2002 5 sets of full sized plans 10 sets of reduced to II x 17 plans EXHIBIT NO. I ~, L CF'L LANDSCAPE ARCHITECTURE, URBAN DESIGN & PLANNING www,Suz,manCole.com PH 415 252-0111 FAX 415 861-6163 2 5 1 Rho del s I and Street . Suite 2 0 5 , San Fran cis co, ~ C a I i for n i a 9 4 1 03 RECORDING REQUESTED RETURN TO: Tiburon Planning Department 1505 Tiburon Boulevard Tiburon, CA 94920 Attn: Daniel M, Watrous . RESOLUTION NO. (Draft)-2004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING AN AMENDMENT TO THE PRESERVE PRECISE PLAN (PD #16) FOR PROPERTY LOCATED AT 6 INDIAN ROCK COURT ASSESSOR PARCEL NO, 38-400-03 WHEREAS, on July 28, 2004 the Planning Commission held a public hearing to consider the approval o(an amendment to the Preserve Precise Plan to amend two portions of the building envelope for the property developed with existing single-family residence at 6 Indian Rock Court; and ' WHEREAS, on July 28, 2004, after receiving publiC testimony and considering the application, the Planning Commission adopted Resolution No. 2004-08 recommending to the Town Council that the western portion of the requested precise plan amendment be approved, but that the eastern portion of the requested amendment not be approved; and WHEREAS, The Town Council has found that the project is exempt from the . requirements of the Califomia Environmental Quality Act per Section 15301 of the CEQA Guidelines; and WHEREAS,.on August 18, 2004, after hearing all testimony and reviewing all documents on the record, the Town Council concurred with the findings made by the Planning Commission and found that the proposed precise plan amendment to modify the western portion of the building envelope for the property located at 6 Indian Rock Court would be consistent with the overall intention of the Preserve Precise Plan and the policies contained within the Land Use Element of the Tiburon General Plan, The Town council also concurred with the findings made by the Planning Commission and found that the proposed eastem building envelope expansion would be would be inconsistent with the provisions of the Town-held scenic easement affecting this portion of the lot, and inconsistent with the overall intention of the Preserve Precise Plan to maintain the open visual character of this area, NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby partially approve the requested amendment to the Preserve Precise Plan, subject to the following conditions: 1, The approved building envelope for the property at 6 Indian Rock Court shall be amended as reflected on the Precise Plan Amendment plan, prepared by Suzman Design Associates, dated June 15, 2004 (one sheet), except that the eastern amendment to the approved building envelope is not approved. . TlBURON TOWN COUNCIL RESOLUTION NO, 06-2004 MARCH 3, 2004 1 EXHIBIT NO. ::L. ~, r D","'2. . . . 2. This Precise 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 filed prior to the expiration date, 3, This approval shall in no way alter other provisions of the Preserve Precise Plan not specifically described herein, 4. The expanded building envelope area approved herein shall be a "fencing only" envelope, limited to fencing no greater than six feet (6') in height and landscaping, No other structures shall be permitted in this area, Fencing design and all landscaping within the drainage easement shall be subject to approval by the Town Engineer, Fencing shall utilize least visibly noticeable materials, with no horizontal wooden members. PASSED AND ADOPTED at a regular meeting of the Town Council on August 18, 2004, by the following vote: \ AYES: COUNCILMEMBERS: COUNCILMEMBERS: NOES: ABSTAIN: COUNCILMEMBERS: ALICE FREDERICKS, ~ YOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK H:\Owatrous\resolutions'\tc30403.resolution.doc TIBURON TOWN COUNCIL RESOLUTION NO, 06-2004 MARCH 3, 2004 2 EXHIBIT NO. 'Z (I, ") cFL RESOLUTION NO. 2004-08 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING TO THE TOWN COUNCIL PARTAIL APPROVAL m" AN AMENDMENT TO THE PRESERVE PRECISE PLAN (PO #16) FOR PROPERTY LOCATED AT 6 INDIAN ROCK COURT . ASSESSOR PARCEL NO, 38-400-03 WHEREAS;the-Planning'Commission'ofthe Townof-Tiburon 'does resolve asfollows:,------,---- Section 1, FindinQs. A. The Town has received and considered an application filed by Christopher Senn and Inge Hendromartono for an amendment to the Preserve Precise Plan (PO #16) to amend the building envelope for the property, developed with existing single-family residence at 6 Indian Rock Court. The application consists of the following: 1. Application form and supplemental materials, dated June 16, 2004 ,2. Precise Plan Amendment plans, dated June 15, 2004 B. The Planning Commission held a duly-noticed public hearing on July 28, 2004, and heard and considered testimony from interested persons, ' D. The Planning Commission has found that the project is exempt from the requirements of the California ,Environmental QualityAct per Section 15301 of the CEQA Guidelines. The Planning Commission finds, based upon application materials and analysis presented in the July 28, 2004 Staff Report, as well as visits to the site and testimony received from the applicant, that the project is generally consistent with the overall intentions of the Preserve Precise Plan, The proposed western building envelope expansion, if limited to fencing and landscaping, would not result in visual changes to the property that would be significantly inconsistent with other homes in the general vicinity. However, the proposed eastern envelope expansion would be inconsistent with the provisions of the Town-held scenic easement affecting this portion of the lot. . C. E. The Planning Commission finds the project to be consistent with the goals and policies of the Tiburon General Plan, Open Space and Conservation Element Policy OSC-2 states that "while accommodation of growth is an accepted reality, it should be so directed as to preserve and enhance views, ridgelines, significant vegetation, habitats and environmentally sensitive areas to the maximum extent feasible. New development shall be in harmony with adjacent neighborhoods and surrounding open space areas," The proposed western building envelope expansion would be situated in the relatively narrow area between the building envelopes for 4 and 6 Indian Rock Court, which is not the most environmentally sensitive portion of the lot. However, the proposed eastern building envelope expansion would be situated within a scenic easement that has been specifically protected over the years; this proposed building envelope area would not "preserve and enhance views" across this easement to the maximum extent feasible, TIDURON PLANNING COMMISSION RESOLUTION NO, 2004.{)R JULY 2R. 2004 . '3 EXHIBIT NO. r. I c/O '2. . . . Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission recommends partial approval of the amendment to the Preserve Precise Plan (PD #16) to the Town Council, subject to the following conditions: 1. The approved building envelope for the property at 6 Indian Rock Court shall be amended as reflected on the Precise Plan Amendment plan, prepared by Suzman Design Associates, dated June 15, 2004 (one sheet), except that the eastern - - --------amendment to the approved building envelope is not approved..--.- -------.---.-.--...........-....... , 2. This Precise 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 filed prior to the expiration date, 3. This approval shall in no way alter other provisions of the Preserve Precise Plan not specifically described herein. 4. The expanded building envelope area approved herein shall be a "fencing only" envelope, limited to fencing no greater than six feet (6') in height and landscaping. No other structures shall be permitted in this area, Fencing design and all landscaping within the drainage easement shall be subject to approval by the Town Engineer. Fencing shall utilize least visibly noticeable materials, with no horizontal wooden members, PASSED AND ADOPTED at a regular meeting of the Tiburon Planning Commission on July 28, 2004, by the following vote: AYES: NOES: ABSENT: COMMISSIONERS: COLLINS, FRASER, HERMANN AND SNOW COMMISSIONERS: NONE COMMISSIONERS: KUNZWEILER ~ L?,~ _~ . .~~ , ' HARD COLLINS, CHAIRMAN iburon Planning Commission ATTEST: 1>~~,~ DANIEL M, WATROUS, SECRETARY H:dwatrouslresolutionslpc30403,resolulion,doc TlBURON PLANNING COMMISSION RESOLITflON NO, 2004-08 JULY 28. 2004 2 EXHIBIT NO. 3 \'.. Z (\.= 'Z Town of Tiburon STAFF REPORT AGENDA ITEM 3. TO: PLANNING COMMISSION DANIEL M. WATROUS, PLANNING MANAGER FILE #30403: AMENDMENT TO THE PRESERVE PRECISE PLAN (PO #16) TO AMEND A BUILDING ENVELOPE; 6 INDIAN ROCK COURT; CHRISTOPHER SENN AND INGE HENDROMARTONO, OWNERS; MARCI CAMACHO, ARCHITECT AND APPLICANT; ASSESSOR'S PARCEL NO. 38-400-03 FROM: SUBJECT: MEETING DATE: JULY 28, 2004 PROJECT DATA Address: Assessor's Parcel Number: File Number: Lot Size: . General Plan: Zoning: Current Use: Owners: Applicant: Date Complete: Preliminary CEQA Determination: PROJECT DESCRIPTION REVIEWED BY: ~ 6 Indian Rock Court 38-400-03 30403 66,211 square feet Medium Low Density Residential RPD (The Preserve Precise Plan, PD #16) Single-Family Residential Christopher Senn and Inge Hendromartono Marci Camacho/Suzman & Cole Design Associates July 9, 2004 July 22, 2004 . The project is the proposed amendment to a precise plan (the Preserve Precise Plan) for property located at 6 Indian Rock Court. The applicant wishes to amend the building envelope for this lot. Phase I of the Preserve Precise Plan was approved by the Town Council in 1985, and established building envelopes for each of the parcels in the subdivision, At that time, a scenic easement was required between the building envelopes for the homes at 6 and 8 Indian Rock Court, In 1988, a single-family dwelling was constructed on the property located at 6 Indian Rock Court in general compliance with the approved building envelope for this lot. A Site Plan and Architectural Review application has recently been approved by the DeSign Review Board for the construction of major additions to this house, along with certain landscaping improvements to the site, The property owners now wish to make several modifications to the approved building envelope . for this lot. The building envelope would be expanded on the western side of the lot to allow EXHIBIT NO. 4 . '--' r. {&I'-" . , ." ~~9L.!.~{l.v<f>? .J:.''''~\ - ('\~$~i "i"~ ~ ~/~ ........,-....~/o.'Q ""o,~~.., .~ N......r:;=-ptit.. '. , . Town of Tiburon . STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . fencing to extend to the side property line. A portion of the envelope would also be eXtended to the east to allow for additional landscaping and improvements to be planted, ANALYSIS Compliance with the Preserve Precise Plan ',',' The Preserve Precise Plan, as adopted by Town Council Resolution No, 2339 (Exhibit 3) includes the following requirements pertaining to the building envelopes for each lot: . . Condition of Approval No. 10: "Building envelopes have been left large by the Town Council to provide the Town's Board of Adjustments and Review with greater flexibility in applying appropriate design principles and policies to the proposed residences, and to ensure maximum compatibility with existing structures.., [The Design Review Board] shall give consideration to whether reasonable efforts have been made to minimize the adverse impacts of the proposed residence on adjoining residences and open space. The Board may require modification to the design, location and size of the proposed residence, where necessary, to minimize such adverse impacts," . Condition of Approval No. 12: "No improvements of any type, including fences, temporary or otherwise, shall be permitted outside the approved primary or secondary building envelopes. In addition, no planting of trees or shrubbery shall be allowed along property boundaries which would have the effect of appearance of fencing the property, as determined by the Board of Adjustments and Review," Western Buildino Envelope Extension The western portion of the site is currently undeveloped, with some shrubbery and trees planted near the front of the lot. Both this lot and the adjacent property at 4 Indian Rock Court have a 20 foot separation between the approved building envelope and the side property line. A 10 .foot wide drainage easement is present along the side property line. Design Review approval has been granted to construct a six foot (6') tall wood and wire deer fence around much of the perimeter of the building envelope. The applicants are requesting to extend the building envelope to the westem side property line to allow the fence to be constructed along this boundary. The applicants have indicated that the adjacent property owners at 4 Indian Rock Court have also expressed an interest in constructing a similar fence on their property, The location of this proposed envelope is primarily visible only from the subject property and the adjacent lot at 4 Indian Rock Court. Trees and other shrubbery toward the front of the site would screen this area from view from the street. The homes below in the Belveron East subdivision are situated at elevations well below the site, and have limited views up toward the location of the proposed fencing, The fence would therefore appear to not have any adverse visual impacts on existing structures in the vicinity, EXHIBIT NO. 4 July 28, 2004 page 20f5 r., '2 ('}'::)' Town of Tiburon e_ e . ... --' 9LI-!~v ",. ~...:-/ '.-9 t.~:, - I~~~,' ~\~ ~~:~ ....;.,..~~,...,~/~'O o,-~~./'\ .'- ~""'TA.'j~(.. , . I STAFF REPORT The public drainage easement along the side property line was established at the time this subdivision was approved. The applicant has discussed the possibility of constructing fencing within this easement with the Town Engineer, who has tentatively indicated that the fence would be acceptable, as long as the portions extending across the width of the easement are easily detachable. Although the submitted plans show that trees would be planted within the easement, the applicant has now indicated that only shrubs and ground cover would be planted in this area, The submitted request would extend the primary building envelope to the side property line, which could allow buildings and other structures, such as swimming pools and spas, to be situated up to the side boundary. If the Planning Commission supports the concept of installing fencing and landscaping in this area, it is recommended that the building envelope expansion be approved as a ''fencing only" envelope, with limitations that only fencing no taller than 6 feet in height and landscaping be allowed to be installed in this area, The Preserve Precise Plan contained prohibitions on fencing outside the building envelopes in order to maintain an open visual character for this subdivision, particularly due to the high visibility of many of these lots from Tiburon Boulevard and other nearby neighbOrhoods, Allowing fencing to extend to the side the property line for the subject lot could set an unwanted . precedent for this subdivision, and encourage other fences that would detract from the open visual character intended by the Preserve Precise Plan, However, the location of the subject fence would not be particularly noticeable from offsite, and should be consistent with the overall intent of this precise plan. Eastern Buildino Envelope Extension The area to the east of the building envelope on the subject property is covered by a Town"held scenic easement (Exhibit 4) that extends over to the building envelope of the adjacent lot at 8 Indian Rock Court. This scenic easement states that no structures or new landscaping shall be installed in this area, which is visible from far away, The apparent intention of this easement was to preserve some of the "open hillside" visual character that existed prior to the subdivision being developed, by leaving an open, natural area between these two homes, The scenic easement area is highly visible from Tiburon Boulevard as one approaches Trestle Glen Boulevard in the westbound direction. An exterior stairway and landing were installed within this scenic easement, presumably through Town oversight, at the time that the original house was approved on this lot in 1988. The applicant would now like to place a path of stepping stones to connect the stairway to a lower garden area within the building envelope. Low shrubs and ground cover would also be installed within an approximately 1,600 square foot area adjacent to the building envelope, In 1999, the Town discovered that the owners of the adjacent property at 8 Indian Rock Court had installed substantial landscaping within a portion of this scenic easement close to the house on that lot. A request by the property owner to modify the scenic easement to allow this . EXHIBIT NO. ~. L./ , .'- '3 0',-,) July 28, 2004 page 3 of 5 . . . Town of Tiburon . , oL!L~u ". ~'J)'Ii/1~... ...,'.....'~'.I... .i~ ~, .- \,~ a~/<7' r;.~~~ ~~'O ~'._~/ " ." O.?~IA-lf.l,(.. . , . STAFF REPORT landscaping to remain was denied by the Town Council, and the vegetation and other encroachments within the easement have since been removed, The landscaping proposed by the applicant would not be as extensive as that improperly planted on the adjacent lot, and the proposed stepping stones would continue erroneously- approved low-lying improvements that have been in place on this lot for many years. However, it would appear to be unfair to allow the additional landscaping on the subject property within the scenic easement, particularly in light of the Town Council decision to deny a similar request for 8 Indian Rock Court; the visual protections afforded by the strict terms of the scenic easement should be evenly maintained for both properties, Staff believes that the scenic easement provisions should be uniformly and consistently enforced, General Plan Consistency The proposed project has been reviewed for consistency with the Tiburon General Plan and with the requirements of the Tiburon Zoning Ordinance regarding precise plan amendments. Open Space and Conservation Element Policy OSC-2 states that "while accommodation of growth is an accepted reality, it should be so directed as to preserve and enhance views, ridgelines, significant vegetation, habitats and environmentally sensitive areas to the maximum extent feasible, New development shall be in harmony with adjacent neighborhoods and surrounding open space areas." The proposed western building envelope expansion would be situated in the relatively narrow area between the building envelopes for 4 and 6 Indian Rock Court, which is not the most environmentally sensitive portion of the lot. However, the proposed eastern building envelope expansion would be situated within a scenic easement that has been specifically protected over the years; this proposed building envelope area would not "preserve and enhance views" across this easement to the maximum extent feasible, ENVIRONMENTAL REVIEW Staff has preliminarily determined that the subject application is categorically exempt from the requirements of CEQA per Section 15301 of the CEQA Guidelines, FUTURE ACTIONS REQUIRED Any affirmative action by the Planning Commission's on this project would be in the form of a recommendation to the Town Council. Should the Commission vote to deny the project, that decision would be final, unless appealed to the Town Council. If the amendment to the precise plan is approved by the Town Council, subsequent Town permits would include Site Plan and Architectural-Review and building permits for the proposed fencing, CONCLUSION The proposed western building envelope expansion, if limited to fencing and landscaping, would not result in visual changes to the property that would be significantly inconsistent with other homes in the general vicinity, Although the fencing could set an unwanted precedent for the construction of other, more visible fencing on other lots within this subdivision, the proposed EXHIBIT NO. Lf '\' W Oi~<) July 28, 2004 page 4 of 5 STAFF REPORT . I ., ~J9_L!r~.v ,. .-1:.":a~; - ~,,~ ~~:~ (';',-:--,-~/~'Q ....o'~, .~~ , . Town of Tiburon fence would not be particularly noticeable from offsite, and should be consistent with the overall intent of the Preserve Precise Plan, However, the proposed eastern envelope expansion would , be inconsistent with the provisions of the Town-held scenic easement affecting this portion of the lot. RECOMMENDATION Staff recommends that the Planning Commission: 1. Hold a public hearing on this application; and 2, Consider the draft resolution recommending approval to the Town Council of the amendment to the Preserve Precise Plan for the establishment of a western secondary building envelope for the property at 6 Indian Rock Court, EXHIBITS 1, 2, 3, 4, 5, Application form and supplemental'materials Draft resolution Town Council Resolution No, 2339 Scenic easement, dated March 20, 1986 Submitted plans . . EXHIBIT NO. L{ p. S oF)- July 28, 2004 page 5 of 5 . club memberships He stated that the use would not seem to be any adverse impacts such as signage or debris around the site, He said that it was difficult to gauge membership and participation, and that six parking spaces may not be adequate, He stated that he might be in support of the item if the parking were better defined, Chair Collins stated that the Commission's responsibility is to consider whether a proposed use is appropriate,' and noted that it is not their responsibility to address other non-relevant issues, He stated that current parking conditions at the post office (adjacent to the proposed facility) are already a problem and he could foresee additional congestion issues, He took issue with the possibility of members using post office parking and felt that parking at the Boardwalk Center may negatively impact the center's patrons during pcak times, He said that he would like to receive more information from the applicant, particularly related to daily member usage, Commissioner Snow asked what type of data could be provided to address ,parking concerns. Ms. Foster replied that she could provide data on member usage, but that it would not indicate how they arrived at the facility, Commissioner Snow requested that she provide data for both the Mill Valley and Larkspur centers, Commissioner Fraser requested that Ms, Foster come back to the Commission to respond to parking, staff training and education, and what types of support are provided to its members, . M/S, Fraser/Snow (passed 4-0) to continue the item to the August II, 2004 meeting. 3. 6 INDIAN ROCK COURT: REQUEST TO AMEND THE PERINI PRESERVE PRECISE PLAN TO ADJUST A BUILDING ENVELOPE; File #30403; Christopher Senn and Inge Hendromartono, Owners; Marci Camacho, Architect and Applicant; Assessor's Parcel No, 038-400-03. Christoper Senn gave an overview of his application to amend the building envelope at 6 Indian Rock Court and ~aid that the amendment would be consistent with the intent of the Preserve Precise Plan, He stated that it is his intention to keep an open feel to the area, Commissioner Hermann expressed concern that a six foot fence would not be adequate to keep deer off of the property, Marci Camacho, landscape architect and applicant, said that the fence location on a hill would deter deer from jumping over it. She presented the Commission with photographs depicting the proposed fence and said that four by four posts would be used, . Commissioner Hermann asked if it would be feasible to have deer-prooflandscaping without a fence, Ms. Camacho replied that the vegetative likes and dislikes of deer vary greatly and that the specific dislikes of a particular group of deer can only be determined by trial and error. She said that deer resistant plants are being considered to soften the Tihuron !J/rmning Commission Minutes No, 895 .lu(v 28, 2004 5 ,t;XHIBIT NO. s- P. luf3 look of the fence in areas outside of the view corridor. Planning Manager Watrous confirmed that deer in the area in question are very voracious, which has resulted in many design review applications for deer fences, . Ms. Camacho noted that while it is possible to use vegetative deterrents, the plan to install a spa warrants the need for a fence, She added the proposed deer fencing meets the requirements for pool protection required for the spa and small pond that they would like to install if their budget allows for it. Ms, Camacho addressed the eastern expansion of the scenic corridor and said that the stepping stones would provide increased case of access to the property. Drought, deer, and tire resistant native plants are proposed to prevent erosion and provide fire protection, Ms. Camacho presented photographs of fire resistant plants and stepping stones, Wi,h regards tu a staircase on the property outside the approved building envelope, Commissioner Fraser asked ifMr. Senn was the original owner of the home, Mr. Senn replied that he is the original owner, but bought the house after the design was approved, Planning Manager Watrous added that the staircase appeared on the building plans but not on the design review plans, and the Town believes that the staircase was an oversight by the Town. David Stadler, president of the Homeowners' Association and member of the architectural review committee, said that these groups had approved this project. He said that while fences outside of building envelopes are typically not permitted in this subdivision, this would be an exception due to the uniqueness of this and the adjacent lot. He said that the proposal is a reasonable solution to the owner's deer problem and that it would be beneficial to the community, . Commissioner Snow asked why granting approval to this application would not encourage other residents to make similar applications, Mr. Stadler replied that the CC&Rs of the Homeowners' Association 'are designed to take into account the impacts made on common view corridors. Mr. Stadler added that no other neighbors have this particular situation. Kim Graves, owner of the adjacent lot on Indian Rock Court, said that the topography of the lots is conducive to the proposed fencing while other lots in the community are not. She said that she also plans to submit a similar application to construct fencing to the side property line, ,Mr. Senn stated that the proposed fence is a long distance from the bottom of the lot. He confirmed that there would only be one fence along the common property line, There being no further public comment, the public comment period was closed. . EXHIBIT NO. () 5'?, 20':: ~ Tihuro1'J Planning Commission AJinulcs No, ~95 .lull' 28, 2004 . / . . Commissioner Fraser stated that he visited the site, and said that he is comfortable with expanding the building envelope on the western side but that he is not in support of the stepping stones or vegetation on the eastern side, He noted that the property at 8 Indian Rock Court had been required to remove vegetation within the same scenic easement He added that he would like to preserve the view corridor as it currently is, Planning Manager Watrous clarified for Commissioner Hermann thatthe question before the Commission is whether to allow the expansions of the building envelope and, if so, what types offencing and vegetation would be acceptable within these expanded areas, He stated that the design of the fence would be reviewed through the design review process, He confirmed that deer fencing requests are reviewed on a case-by-case basis, Commissioner Hermann stated that in concept, he had no problem with the stepping stones or vegetation plans in the eastern envelope expansion. However, because other applicants have been denied in the past due to the view corridor, said he felt that there is an issue of fairness, With respeet to the western envelope, Commissioner Hermann said that he supports the expansion, yet the overall idea of deer fencing in the area is a concern to him due to its visibility from downhill, Commissioner Snow stated that he was very familiar with the history of the subdivision and the vegetation at 8 Indian Rock Court, He stated that this area was intended to provide visual to Ring Mountain, and that it was the responsibility of the Commission to maintain this view corridor. He felt that the proposed deer fencing would be slightly out of character and would create visual impacts to the rest of the eommunity, With respect to the eastern expansion, he said that he is not in support of any ehanges to the view corridor, including the proposed stepping stones, He said that he eould support the western envelope expansion, but he was eoncerned that the natural landscaping would be changed, Chair Collins noted that the Design Review Board had approved the design of the deer fencing, which he found to be relatively innocuous, He noted that the neighbors support the western expansion, and that the fencing would not really be noticeable from off site, He did not want to see fencing with a visible horizontal member across the top of the fence, He said that he could not support the eastern expansion onthe basis offairness, It was the consensus ofthe Planning Commission that the western envelope expansion was acceptable; that they the eastern envelope expansion was not appropriate; and that fencing should utilize the least visibly noticeable materials, with no horizontal wooden members, MIS, Fraser/Hermann (passed 4-0) to adopt the draft resolution as modified. 'lihuron Planning Commission July 211, 201M EXHIBIT NO. '5: Minutes No, 1195 7 o ~ 1'-') r. 5I..rl.) ( f I ( f ( l' l -- r.-:'J . RESOLUTION NO. 2 339 A RESOLUTION or THE TOWN COUNCIL OF T!~E ,TOWN OF TIBURON APPROVING' PHASE 1 OF THE PERINI PRECISE PLAN & TENTATIVE MAP Section 1. Findinqs. A. Applicant, perini Land and Development Company, has hereto- fore submitted a Master Plan to develop a parcel of 51.9 acres of land bordering Reed Ranch Road and the Belveron SUbdivision in the Town of Tiburon. The Master plan was approved by the Town Council in Ordinance No. 297 N.S, adopted on January 7, 1985. B. An Environmental Impact Report was prepared by the Environ- mental Collaborative for this project and it has been reviewed by the Planning Commission and certified by the Council on September 5, 1984. C. The Town of "Tiburon agreed, at applicant's request, to consider the Precise plan-and Tentative Map for the development on a phased basis. phase I is designated as the area to be served by driveways and an access road oEE of Reed Ranch Road, and was approved for a maximum density of 10-13 residential parcels. phase II, to be submitted at a later date, is desig- nated as the area to be served by access off Trestle Glen . Boulevard, and was approved-for a maximum density of 17-19 residential parcels. The findings and conditions herein re'late to phase I. . D. Applicant has submitted a P~ecise Plan and Tentative Map for Phase I proposing the development of 13 residential par- cels. The Precise Plan is described as follows: 1. Maps N.+ +->~~If -- ..9 a) v.~ ~';......r ~ I('ro.(--f' ~ ~,~ .(!-\(\.).c.OI l/ b) identified as: Precise plan/Illustrative Site plan with Building Envelopes, revised 8/15/85 Sheet 1 of 9 Precise Plan/Existing Conditions vegetation, dated 2/19/85 Sheet 2 of 9 v'" c) Precise plan/Tentative Map, revised 8/15/85 Sheet 3 of 9 \/ d) Geologic Map, dated 4/2/85 Sheet 4 of 9 v/ e) Precise Plan/Landscape plan, dated 8/15/85 Sheet 5 of 9 f) Precise p1an/Offsite Drainage Rerouting plan, dated 2/19/85 Sheet 7 of 9 prepared by Backen, Arrigoni & Ross, and Anthony M. Guzzardo and Associates. 2. written documents identified as: a) Declaration of covenants, conditions, and restrictions for the Perini-Tiburon SUbdivision (19 pages). . b) perini/Tiburon phase I Development, Relveron Drainage Rerouting Job No. 5235, dated feb- ruary 7, 1985, by Schwartz Waag AssocAate.~-. Inc. EXHIBIT Nu._(;,_ p, iJfc"C . r e t t/ - .',," "':'.. ~ 'M, . 11ft~: ':;~.:.,,,, . ...-r --=- c) Geotechnical Investigation, prepared by Ilarlan, Miller, Tait 'Associates, dated May, 1984. d) Oetailed Geotechnical Report regarding Phase I Development and Grading dated April 3, 1985, project #521.2~ E. The Tentative Map is identified as follows: /' ~ 1. Map entitled Precise plan/Tentative Map, dated 8/15/85, (also included as Item (e) of the precise Plan). Fe The Council has held duly noticed public hearings for the purpose of reviewing the application and receiving comments and recommendations from the public, and has considered the recom- mendation of the Planning Commission. G~ The Council finds that the facts presented establish that the requirements of Section 10-4 of the Tiburon Zoning ordi- nance have been satisfied. The Council further finds that the Phase I Precise Plan and Tentative Map, as conditioned herein, conform to the Town's General Plan and other applicable requirements and regulations., and substantially conform to the provisions of the approved Master plan. H. The Council has considered approving a lesser number of units than that proposed in the Precise plan and finds that the 13 units proposed, subject to the conditions of approval here- in, .are appropriate. Section 2. APproval. NOW THEREFORE BE IT RESOLVED that the Town Council hereby approves the Precise Plan and Tentative Map, for Phase I of the Perini Subdivision, subject to the following terms and condi- tions and as modified herein: 1. The Council approves the development of 13 residential building sites as shown on the map identified as Precise Plan/Illustrative Site Plan With Building Envelopes, dated August 15,.1985, prepared by Backen, Arrigoni & Ross, and Anthony M. Guzzardo and Associates. 2. All requirements and conditions of the Master Plan are incorporated herein and, except to the extent that they may be speCifically modified herein, all such requirements and conditions shall be met. 3. Applicant shall comply with all applicable subdivision regulations relating to the filing of a Final Map. 4. Applicant shall satisfy the requirements of the Alto- Richardson Bay Fire District as may be required by the District. 5. All engineering requirements and standards including, but not limited to, drainage, erosion control, grading, soils, construction criteria and traffic, shall be subject to review and approval by the Town Engineer. Applicant shall, at a minimum, comply with the conditions and re- quirements, of the Town outlined in the Town Engineer's letter dated June 5, 1985, entitled "perini Subdivision - Phase I Drainage", as amended by his letter dated August 15, 1985. ~ 6. Applicant shall submit improvement plans for the treatment of all \retaining walls, if any, including proposed ma- terials of construction, landscaping 'and any other methods of softening the appearance of the retaining walls as well as such other items as the Town may later require for revie.... and approval by the Board of Adjustments -and Re- view. ' EXHIBIT NO. i,', '.-7 .- -, r _ cx--;- & -2- ( f ( f t l ':':,~- ;.~,' '." ."...... ~ 7. The Declaration of covenants, Conditions and Restrictions Eor the subdivision, together with all proposed deed and title restrictions, including scenic easements and offors of dedication shall be approved by the Town Attorney prior to filing of ' the Final Map. . 8. The building envelopes and lot contoIs, as shown on the map entitled Precise plan/Illustrative site plan with Building Envelopes, dated August 15, 1985, shall be at- tached to and made a part of the Declaration of Covenants, Conditions and Restrictions Eor the subdivision. 9. No building or grading permits ~hall be issued for the 'construction of any residential or accessory structures until they have received site plan and architectural re- view and approval by the Town. 10. Building envelopes have been left large by the Town Coun- cil to provide the Town's Board of Adjustments and Review with greater flexibility in applying appropriate design principles and policies to the proposed residences, and to ensure maximum compatibility with existing structures. The design, location, and size of each proposed residence shall be the subject of hearings before the Board of Ad- justments and Review, which shall give consideration to whether reasonable efforts have been made to minimize tne adverse impacts of the proposed residence on adjoining residences and open space. The Board may require modifi- cation to the design, location and size of the proposed residence, where necessary, to minimize such adverse im- pacts. 11. The 24-foot building height limit established by the Master Plan'may be exceeded by dormers, architectural features and chimneys to a maximum height of 30 feet, provided, however, that . a) said portions exceeding 24 feet must be approved by the Board of Adjustments and Review, and bl For lots 1, 2, 3; 4, 5 and ,6, no structures, excluding dormers, architectural features and chimneys shall exceed. a height oflS feet above the highest street elevation along the street .frontage of the lot, without prior I-\oard of Adjustments and Review approval. The maximum elevati~n for the top of building envelopes for all lots, except lot 8, shall be the 175-foot eleva- tion. The elevation of the building envelope for lot 8 shall not exceed 24 feet above grade or the 205-foot cQn- tour, whichever is lower, without the approval of the Board of Adjustments and Review. 12. No improvements of any type, including fences, temporary or otherwise, shall be permitted outside the approved primary or secondary building envelopes. In add'ition, no planting of trees or shrubbery shall be allowed along property boundaries which would have the effect or ap- pearance of fencing the 'property, as determined by the Board of Adjustments and Review. The Final Map shall provide notice of the building envelope restrictions. The CC & R's'shall contain' notice of the building envelope r,estrictions. ~ 13. Construction work shall be permitted Monday through Friday only and between the hours of 8:00 a.m~ and 5:00 p.m. only unless specifically authorized in advance hy the Town Manager in limited special ~ircumst~nces. Noise generat- ing eq,uipment shall not 'be started before 7:30 a.l"l. 14. N.O c'onstruction equJpment or material or exc<1vation material shall be stored or stockpiled on Town oren space . -)- EXHIBIT NO. t" .:L::~,..,..e.,;:iS,o]'=,;;;-: ...-. -. ,,;~1." . f . f 'E - . ~:'.- .,' .,~ / ~ land. Construction activity in open space areas of the Perini Parcel shall be limited to necessacy slope repai!:' and drainage improvements, as approved by the Town Engi- neer. There shall be minimal intrusion on open space areas during construction. 15. Landscaping as identified on the final approved landscap- ing plan shall be maintained by the applicant for three (3) years from and after the date the landscapinq has been installed. The Town shall inspect the landscaping at least annually during said period, and may require the applicant to make landscaping improvements to conf.orm to the plan, 'as approved. The landscape maintenance agree- ment, which may be pat't of the 'subdivision Improvement ~greernent, shall be reviewed and approved by the Town Attorney and shall be bonded, or performance otherwise guaranteed .to the TOW~'s satisfaction. 16. The Town Engineer, by letter dated June 5, 1985, entitled "Perini subdivision - phase I Drainage", and by amendments thereto in a letter dated August 15, 1985, has specified certain drainage improvements which must be constructed as part of phase I. All of the improvements described in paragraphs land 2 of said letter shall be installed and paid for in full by the applicant, without reimbursement from any presently developed or subdivided land or any Town of Tiburon owned land located within the watershed area. The Town of Tiburon shall have no obligation to impose drainage fees on any other lands in the watershed, whether for purposes of reimbursing applicant, or other- wise. Notwithstanding the above, the improvements speci- fied in paragraph 2 of said letter may, at the option of Town, be designed by the Town, and the contract for same awarded by the Town, in which event Town shall notify applicant of the bid amount and applicant shall forthwith pay said amount to the Town. No construction of improvements which generate additional runoff into the Belveron watershed shall be permitted until such time as the Town Engineer has first certified in writing that the drainage system proposed for the perini Subdivision (a) does not adversely affect the existing Belveron drainage system, or (b) that the improvements necessary to the Belveron watershed drainage system have been completed or guaranteed and will be con- structed prior to the commencement of increased runoff as a result of this project. 17. Except as provided below, applicant shall pay a housing fee in lieu of constructing 15% of the housing units in the Phase I project for the low or moderate income housing market. Such in-lieu fee is based upon 15% of the units approved in the project, as more specifically calculated in Exhibit "A" hereto, and shall be payable upon the' fil- ing of the Final Map for Phase 1. Anything above notwith- standing, however, the in-lieu fees shall be waived if, on the date the Final Map for phase I is filed, the drainage improvements required under paragraph No. 16 hereinabove have been completed or applicant has guaranteed completion of such improvements to the satisfaction of the Town. . 18. Fees in lieu of dedication of land for park and recreation purposes .pursuant to Section 14-50 of the Tiburon Munici- pal Code, in the sum of $500 per residential unit, shall be payable upon the filing of the Final Map for phase I; provided, however, the in-lieu tees shall be waived i.f'l on the date the Final Map for phase 1 is filed, the drainaqe improvements required under paragraph No. 16 hereinabove have been completed or applicant has guaranteed completion of such improvements to.the satisfaction of the Town. -4- EXHIBIT NO. b p. Lj (.:.t=' C> ,,~ , ( f ( f t l ,.i<~~' . _ 'f :'...... PASSED AND ADOPTED at a regular meeting oE Council of the Town of Tiburon on Auqust 21 the following vote: the Town 19135, by AYES: COUNCILMEMBERS: LarLY Smith, Gary Spratling, Stone Coxhead, Jim wilson NOES: None ABSENT: Valerie ABSTAIN: None Bergmann ()/~ ~L~ Stone coxhead, Vice-Mayor Town of "Tiburon ATTEST: ROBERT L. KLEINERT, Manager, Clerk Draft Date 8/27/85 -5- EXHIBIT NO._ (;;'_ f. s cF r ;.,.,.",.~- .;, .--:::J . . ~ . .,,,.;:..-; ':~'~'.~,:, ,....;.',..~ ", ~'I .:'". if,- ;'---:'[' asO \ 7 65 \ i,~ ~G -T.(..r7Y/-' . ''ill ~ r:-r.- I ill- J- {-c-v,rrn C L( c.}lf1.?O hL'..titl.UtiJ t.\ ~Io.Uut:.jl Ut ,.,aENC'f SMOWH ".-:- / crc,,'-'l / / s' '5 ..r.- / ,l 9!i1Pll-11ll"SO m:;:.l:~:.;' :..:....-..:lll..U:1 I>IAillH COUN 11 CALlrOR~l~ " 0 5 C E ~ teE A.5 E M E M ToE No F.e GCll'I03 1986. ~':r' a('ld ThiS DEED made thiS ~ day ot ~ Det~een ?erini Land and DeveiO?ment Com?any, a Dela~ar. corper- atiOn, as Crantor, and the Town of TiDUron. a municiPal cor?or- " ation. as Grantee; WIT~esSE'rH: ~HERE~S, the said Crantor i. the owner in fee of the real ?ro- ?ert1 described as Tiburon.?erlnl subdivl.ion. pnase 1, as r.- coded in Book .15- of ~ecMd ",p' at ?aqe .i.L. "ann county Recoros, Slruote in the Tow.. of Tlburnn. "arin county California; ~HERE~S. the said land of the said crantOr ha' certain natural and .cenlc beauty and eXisting opennes" natural condition, and ?resent .tate of use of .ald property. ~HEREAS. the crantor and the crante. desire to ?reserve and conserve for the publiC beneflt the great natural .cenic beauty and eXl.tlnq openne." natural condition and ?re.ent state of use of said pro~er~1 of the crantor; and ~HEREAS, the .ald CrantOr is willing to qrant to the crantee the .cenlc use a' hereinafter expre.sed of the said land. and thereby protect the present sceniC beauty and existing opennesS by the restricted use and enjoyment of said pro?erty by the crantor throUqn the 'mpo.,t,on of the conditiOns hereinafter expressed; I EXHIBIT NO._ 7 , il ,,( r-;' - .." \ 'C\. ________~Fr~~- .01765J NOW THEREFORE, for and in ~onsideration of the premises. the Grantor does hereby gr3nt and convey unto the Grantee a scenic easement, excepting public access in said real property of Grantor .of the nature and character and to the extend hereinafter ex. pressed, which easement will result from the restrictions herp.~y imposed upon the use of said property by said grantor. and to that end and for the purpose of accompltshing the intent of the parties herete, said Grantor covenants on behalf of itself,its hcir~. 3uccessor~, and assigns with the said Grantee, its success- ors and assigns to do and refrain from doing severally and collectively upon Grantor's said property the various acts hereinafter mentioned. A. ~he restrictions hereby imposed upon the use of said pro- perty of the Gr3ntor and the acts which said Grantor shall refrain from doing upon their said property in connection herewith are, and shall be as follows: '. That no ?er~anent st=uctures will be placed or erected upon said desc=ibed premises except for agricultural type fencing and gates. 2. That, except for the construction, alteration, "relocation and maintenance of private access roads, pedestrian trains, storm drains, and utilities and soil stabilization ~ea~ures. the general topography of the landscape shall be maintained in its present condition and no other excavation or topographiC changes shall be made. \ I EXHIBIT NO. 7 P . J. :;f 7 I - - C) ~ .... .... ".",'." .t:~~;~~)~~~:.:L-;~~~"~:~Y"L~~':J~"~:_~~ <~,:~.", ,,-, 601765\ 3. That, except tor ~orx 4S required tor fire pre- vention, thinning, elimination of diseased qro~th and similar prot.ective measures, or a:s directed by the 1'0....0 of "Tiburon, no cutting of tree:s or natural qro~t~ shall be performed. 4. That 110 use ot said described property which ..,ill or does mat.rially alt.r the landscape or oth.r attr,ctt.. sc.nic f.atur.s of said land other than those sp"c1fi.d ,be"' shall "be done or suffered. B. The obligati9ns hereby imposed upon the Grantor for any portion of said property ~hich is not encumb.red by an .asement ~hic~ is accepted ~y a,publiC dqenCI are and shall be as follows: 1. To maintain said property in a safe condition. \ EXHIBIT NO.7 ~. J ..f 7 Note: This page of the grant was inadvertantly omitted from the Town Council report of 12/1/99 through a photocopying error. 850\765\ C. Excepting and reserving La the Grantor: ,. The right to maintain all existing private roads and trails upon said land. 2. The une and occupancy of said land not inc':)nsis- tcnc ~ith the condltions and restrictlons herein imposed. 3. The right to pp.tition Grantee to allow ad]\..Ist::1ent in the loc3tion or configuration af t~e Scenic Easement. D. L.:lnd uses per:nitted, or reserved to the Grantor by this instr\..l~ent shall be subJect to the Ordinances of the 70"'0 of Tlburon regul~tlng the use of land. The land of t!"le granto:" her~inaf::er refer:"F..!d to, and to ~hich. the provisions af this' instrument appl~ is spcciflcally described dS Parcel A, as shown on lhat ~ap ot the Tiburon-Perini Subdivision, Pha5~ I, recorded in :he ~arin County Rccord~, in Book of Record ~aps. at Page _____. F. To hdve and to held unto the sald Town, its succe~5ors and assigns forever. This grant shall Dc binding.upon tne nelrs and dssigns of the said Grantor. DATED: ?("J.<J(:t~ !'ER~rN~. ~~ AN~D =.LOPME~T .CO. "'v., /, ~;..,'a/ :J.~ Randall ~. Verrue, Exec. V.? STATE of CALIFORNIA COUNTY GF San FranC~5CO ON ~~')Cl. 19y{., before me, the undersigned a ~Otary Public in and for suld State, personally apoeared RANDALL J VERfUE, known to me to be the M4rH'~ \/111 P'rt~.J.,t.;.:ttJf ':;ne corporation that exec- utea the wlthln ~nstrument, and know to me to .be the ~on3 who. executed the wlthin in~trument on behE f the corporation therein named, and ackn_.. _.:dqed tome that 9uch corporation executed EXHIBIT NO. 7 f. '--i Q=- 7 \ J .Q\785\ ="","10N to:l. ~ A =~trr10N OP TIlE 'l'O"" COUIIC1~ OP THE TOWN OF TtBURCH AMENDING RESOLUTION NO. 2377 _ APPROVING PERINI PINAL MAP - pHASE I BE IT RESOLVED that the To~n Council of tne T~n of Tiburon heceby >amends GAsolution No. 2377 by tbe .d~ition of the following para9raph~ -The Town council of the T~n of Tiburon doe8 hereby Accept the offer f~r dedication to public uS. of the folloving: Indian Roc\( Court, emergency Ace.sa ease..nt. ~de.tri.an easement, drainage access easement, drainage ease..nts, all as ahown on tne Subdivision Map entitled -Map of Tiburon, Perini, Unit One- and the easement for drainage purposes and scenic easement granted by separate Grant Deed-. PASSEU ~o ADOP~EU at a regular ~etin9 ot the Town council of the Town of Ttburon on ~pril 2. 1986, by the following vo~e: A.YEs: COUNCI~l<EMBeRS : Smith. Co%head, Bergmann to:les: OJUNCII.J4,EMBERS : None ABSENT: OJUNCILMEMBERS : 5pra~linq, wilson lh.1'.,~~ VALERIE W. BERCil'AlUt, "^.""" 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