HomeMy WebLinkAboutTC Agd Pkt 1999-10-06
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TIBURON TOWN COUNCIL
AGENDA
REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
MEETING DATE:
MEETING TIME:
INTERVIEWS:
October 6, 1999
7:30 P.M.
7:05 P.M.
PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all
points of view, members of the audience should:
(1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5)
Speak Directly into Microphone.
A. INTERVIEWS - (Applicants for Design Review Board Vacancy)
· Jack Mavis, 407 Paradise Drive, Tiburon
· Bill McLaughlin, 36 Old Landing Road, Tiburon
· Michael Brooks, P.O. Box 373, Tiburon
· Mark Burgess, 7 Sierra Court, Tiburon (Previously interviewed 10/98)
B. ROLL CALL
C. PUBLIC QUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda, other
than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item
at the time it is called. Presentations are limited to three (3) minutes. Matters requiring action will be
referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a
future meeting agenda.
D. CONSENT CALENDAR
The purpose of the Consent Calendar is to group items together which generally do not require
discussion and which will probably be approved by one motion unless separate action is required on
a particular item. Any member ofthe Town Council, Town Staff, or the Public may request removal of
an item for discussion.
1. NEW TIDURON POLICE STATION - (documents to be submitted prior to October 6)
A) Certificate of Substantial Completion
B) Temporary Certificate of Occupancy
2. VISTA TIDURON SUBDIVISION - Accept Public Improvements - (Resolution)
3. ABANDONING A PORTION OF A PEDESTRIAN EASEMENT - 60 Reedland Woods
Way - (Resolution)
4. DESIGNATION OF "ROUND HILL TERRACE" AS PRIVATE STREET - (Adopt
Resolution)
5. SHORELINE CLEAN UP - September 18, 1999 - (Resolution of Appreciation)
6. PARCEL MAP - 2336-2338 Mar East Street - Knowles & Sherry Hall, Owners and
Applicants - Consider Acceptance of Parcel Map for Two-unit Condominium
Conversion; APNo. 59-194-91
E. UNFINISHED BUSINESS
7. MAIN STREET ASSESSMENT DISTRICT PROCEEDINGS - (Adopt Resolution)
A) Preliminarily Approving Engineer's Report
B) Authorizing Town Engineer to Advertise for Bids & Set Bid Opening Date -
(November 10, 1999)
C) Setting Public Hearing Date - (December I, 1999)
F. PUBLIC HEARING
8. ZELINSKY P ARK/RAlLROAD MARSH FLOODPLAIN PROJECT - Located behind
the Belvedere-Tiburon Library Building & Tiburon Town Hall (1501 & 1505 Tiburon
Boulevard) - Ordinance Establishing Processing Procedures - (1" Reading)
9. APPEAL OF DESIGN REVIEW BOARD DECISION- 430 Ridge Road - (Appeal of
Decision to grant variance for remodel of single family residence) - AP No. 55-212-04,
Mark Garay, Applicant; Fred & Casey Hannahs, Appellants - Continuedfrom August 18,
September 1 & September 15 - (Notice of Withdrawal of Appeal- Letter from Hannahs'
Attorney John Sharp, dated September 29, 1999)
G. STAFF & TOWN MANAGER REPORTS
H. ADJOURNMENT
Future Arzenda Items
--Precise Plan Amendment - 2 }vIiraj/ores Lane -AP#39-271-21 - Davood Sadeghi. Applicant - (October 20)
--Ned's Way Garden Homes Precise Development Plan - (October 20)
--lv/ain Street Reconstruction Accessibility Project - Negative Declaration - (October 20)
--County-wide Ordinance banning "Junk Guns"- (October 20)
--Traffic Safety Committee Meeting Minutes of October 7. 1999 - (October 20)
--Introduction of new Town Employees Trm'is Higgins & Kevin Swift. Reserve Police Officers -(November 3)
--Appeal of Design Review Board Decision re: View Blockage by Second Residence at 160 Solano Drive - Leslie &
Maxine Hembree. Appellants; Margaret May. Applicant - (November 3)
--Greenwood Beach Drainage Project
.-Downtown Ferry Dock Realignment Project
--Completion of Shoreline Light Replacement Project - Budget Amendment
--Community Garden
--New Police Department EOC Designation
--Amend Chapter 23 (Traffic Ordinance) to permit Rollerblade Use
NA.\IE: Jack Mavis
MAILING ADDRESS: 407 Paradise Dr. Tiburon
TELEPHONE: Home: 435-2437 Work: same Fax ~o.
PROPERTY OW~ERS' ASSOC. (If'ppticable, Pt. Tiburon - Bayside
TIBl"RONRESIDE~T:(Years) 13 DATESl'BMITTED: 9/17/99
I've been involved with communitv planning & development for
manv vears - such thA, T fppl th~, T CO\llrl provirlp in!",,,, ~nr1
assistance.
1 Y"\r\Tl l['HT~ th~ tirng to 3.ssist the.- Pl.3.nning COfFlmis3iDfl iI~
the finest location we have ever lived.
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Graduate of Brown llnivprsity - RA _ M~,h
Graduate of Univ. of Michigan - MBA
TrO::l~11,...cr i"If' r'h~ EQ~rg (:'f Direstor!S: for Pt. Tiburon
since 1998
Previous member of other homeowner boards in CA for several years _
involved with developmental planning
Real estate investor with CA real estate license
Bayoidc
Retired Transamerica Corporation senior executive with 7 plus years
in the real estate field
--------------------------------------~-- Town Hall C se -------------____________________________________
_ Date A.pplication Received:
I 3D. qq
Inte!'View Date:
_ Appointed to:
(Commission. Board or Committee)
(Datel
_ Date Term E.'pires:
Length of Term:
Jm [2.95
RECEIVED
SEP 2 0 1999
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TOWN MANAGERS OFFICE
TOWN OF TiSURON
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_ Date Application Received: 9 - ~ 0 '7 f Inter-view Date: 10 -t- '1/,
_ Appointed to:
(Commission. Board or Committee)
(Date)
_ Date Term Expir'es:
Length ofTenn:
jm 12/95
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RECEIVED
SEP 3 0 1999
TOWN MANAGERS OFFICE
TOWN OF TISURON
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TOWN OF TIBURON
1155 TIBURON BOULEVARD. TIBURON . CALJFORNIA 94920 . (.lIS) ~35-7373
FAX (4\5) 4]5-2438
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COM:\'IISSION. BOARD & COMMITTEE
APPLICATION
The Town Council considers appointments to its various Town commissions,
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Robert . Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
_ (#1 Bcin~ the Greatest [ntcrest)
PLA~NING PARKS & OPEN SPACE
V DESIGl'i REVIEVV RECRL\T10N
HERITAGE & ARTS DISASTER PREPAREDNESS
Bl'DGET & FINA:\ICE L1BR.\RY
RECYCL\:\IG & WASTE V 1..\ NAG 01 ENT
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NA-"IE: /'/7 /~ "-/.4~L 6?CJOk.r
MAILING ADDRESS: ? () . ~ J '?.3 '7'/ Jj'....d'cJ -v
TELEPHONE: Home: nJ-.'-'7't1 Work: ::?8'lf-2iJl!> Fax No.
PROPERTY OWNERS' ASSOC. (IfappUcable)
TIBlJRON RESIDENT: (Years) 2'0 + DATE SLBMITTED: 7'-21-~"
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_ Date Application Received:
Inter-view Date:
_ Appointed to:
(Commission. Board 0" Committee)
(Date)
_ Date Term Expires:
Length ofTenn:
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CO.\'E\HSSION. BOARD & COMl\IITTEESEP 271999
1155 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) ./.]5.737]
FAX (415) 435-2.438
TOWN OF TIBURON
APPLICATION
TOWN MANAGERS OF,ICE
TOWN 9F TlBHRgN
The Town Council considers appointments to its various Town commissions.
boards and committee throughout the year due to term expirations and unforeseen
vacancies. In its effort to broaden participation by local residents in Tiburon's local
governmental process and activities, the Council needs to know your interest in
serving the Town in some capacity.
Please indicate your specific areas of interest and special skills or experience
which would be beneficial to the Town, by completing both sides of this form and
returning it to Town Hall. Copies will be forwarded to the Town Council and
informal applicant/Council interviews are scheduled periodically during the year.
Your application will also remain on file at Town Hall for a period of one (1) year.
Thank you for your willingness to serve the Tiburon community.
Robert . Kleinert
Town Manager
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
_ (#1 Being th~ Greate.'~t fnkrcst)
2 /PLANNING <(.,..- PARKS & OPEN SPACE
I t/ DESIGN REVIEW :1 -- RECRL\TION
HERITAGE & ARTS DISASTER PREPAREDNESS
BL'DGET & FINANCE LlBR.\.RY
RECYCLING & WASTE :\IA:\AGDIENT
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TELEPHONE: Home: "'I?6 Z781 W ork:-4E5 .84tA- Fax No. 7 f3CJ . -5--fr..c..
PROPERTY OWNERS' ASSOC. (ItJlflpUcabIe)
TIBURON RESIDENT: (Yean) ~/~ - DATE SUBMITTED: /<i!?8 '''::).8>
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ACCEPTING THE VISTA TIBURON SUBDIVISION IMPROVEMENTS
R.M. 21-37. MARIN COUNTY RECORDS
WHEREAS, a Notice of Completion was issued for the Vista Tiburon
Subdivision on May 13, 1996; and
WHEREAS, a two-year bonding and maintenance period had been previously
established for this subdivision; and
I
WHEREAS, at the end of the two year maintenance period, it was determined
that repairs to the improvements were needed, and said repairs have now been
completed to the satisfaction of the Town Engineer; and
WHEREAS, the removal of winterization materials installed as part of the
subdivision improvements within the eucalyptus groves parcels of the subdivision has
been completed to the satisfaction of the Town Engineer and Planning Director.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon hereby accepts the public improvements of the Vista Tiburon Subdivision (RM
21-37).
PASSED AND ADOPTED at a regular meeting of the Tiburon Town Council on
, 1999, by the following vote:
AYES:
NOES:
ABSENT:
CO UN CILMEMBER:
COUNCILMEMBER:
COUNCILMEMBER:
MOGENS BACH, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
Vistatib.res
Tiburon Town COllncil
ResohalOn ;.....'0.
/99
TOWN OF TIBURON
1.505 TlBURON BOULEVARD' llBURON . CALIFORNIA 94920 . (415) 883.9200
FAX (415) 883-2763
OFFICE OF THE TOWN ENGINEER
Irving L. Schwanz
MEMO
September 10, 1999
TO:
Scott Anderson, Planning Director
Irving L. Schwartz, Town Engineer J ....---
Vista Tiburon Subdivision
Our File No. 6940-P-89501
FROM:
SUBJECT:
As requested, on September 9, 1999 I inspected the recently completed slurry seal, which was
applied to Vista Tiburon Drive by the Subdivider. The work appears acceptable to me. I also
checked with Tony Iacopi who advises me that he finds the work acceptable as well.
On April 7, 1999 I wrote to Mr. Jay Kaplan and Mr. Rob Ham, the Subdividers of the Vista
Tiburon Subdivision at your request. In that letter I advised them that there were two items of
work yet to be completed. They were the application of the slurry seal to Vista Tiburon Drive
and a repair of the broken and/or non-functioning streetlights within the subdivision. It is my
understanding that the streetlight issue has been resolved and now the application of the slurry
seal has been satisfactorily completed.
My April 7, 1999 letter went on to state that when these two items are completed to my
satisfaction, I will recommend that the Town Council accept the public improvements within the
Vista Tiburon Subdivision for maintenance and relieve the Subdivider of any maintenance
responsibility outlined in the Subdivision Improvement Agreement.
Based on the information that I have now received, I believe that the two items mentioned in my
April 7, 1999 letter have completed to my satisfaction. Therefore, I recommend that you request
that the Town Council accept the public improvements within Vista Tiburon Subdivision unless
there are some overriding issues that I am not aware of relative to the Open Space areas within
the Subdivision.
cc: Robert Kleinert
Ann Danforth
CORRESPO.JOB
6940 VISTA TlBVRON.DOC
TOWN OF TIBURON
STAFF REPORT
ITEM NO. .~
MEETING DATE: 10/6/99
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR~
Subject: 60 REEDLAND WOODS WAY: TOWN-INITIATED ABANDONMENT OF AN
UNUSED PORTION OF A PUBLIC PEDESTRIAN EASEMENT IN THE VISTA
TIBURON SUBDIVISION
Date: SEPTEMBER 29, 1999
BACKGROUND
During its approval of the Vista Tiburon Subdivision in the early 1990's, the Town required the
dedication of certain public pedestrian easements over private lots. These easements were
required in order to provide public access that connected the two public streets (Reed land Woods
Way and Vista Tiburon Drive) within the subdivision for neighborhood circulation purposes, and
also for the purpose of providing local neighborhood access to the adjoining Ring Mountain
Nature Preserve. The public pedestrian easements have been successfully established and are used
for their intended purposes.
One 20-foot wide segment of these dedicated public pedestrian easements was placed between
Lots 4 and 5 of the Vista Tiburon Subdivision (now developed as 50 and 60 Reedland Woods
Way). Due to somewhat steep topography in the area of this segment, only a portion of the 20-
foot wide area was suitable for pedestrian purposes Through the active participation of the lot
owners on either side, this street-visible portion of the segment has been improved and made into
an attractive, landscaped and maintained pathway approximately 10 feet wide. The unusable
portion (also 10 feet in width) contains retaining walls, fences, and other features, all approved
purposely by the Town, that help make possible the successful nature of the remaining 10 feet.
As the Town has no nlrther need for the unusable portion of the public pedestrian easement, and
desires to avoid any liability exposure associated with the private improvements constructed
therein, Staff recommends that the unusable portion of the public pedestrian easement be
abandoned. The abandonment will have no effect on the usable portion of the easement.
ANALYSIS
Staff has prepared a draft resolution (Exhibit I) for consideration by the Town Council. Staff
Tihuron TOH'II COIINei!
S/all Reporl
10/6/99
I
would like to thanks the homeowners at 50 and 60 Reedland Woods Way, Dennis and Susan
McQuaid and Scott and Marybeth Ursin-Smith, for their kindly cooperation in conjunction with
the success of the public pedestrian easement.
RECOMMEND A nON
Adopt the Resolution.
EXHIBITS
I. Draft Resolution.
60 rcedland woods eascment.rpt.doc
Tihuron Town Council
Staff Hepart
10/6/99
2
. -
RECORDING REQUESTED
RETUR.1\f TO: TOWN CLERK
TOWN OF TIBURON
1505 TIBURON BOULEVARD
TffiURON, CA 94920
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCil, OF THE TOWN OF TIBURON
VACATING A PORTION OF A TEN FOOT WIDE PUBLIC PEDESTRIAN EASEMENT
ON LOT 5 OF THE VISTA TIBURON SUBDIVISION (RM 21-37) COMMONLY
KNOWN AS 60 VISTA TIBURON DRIVE
ASSESSOR PARCEL 38-450-05
WHEREAS, a twenty (20) foot wide public service easement for pedestrian access and
public utilities over Lots 4 and 5 of the Vista Tiburon Subdivision were dedicated to and accepted
by the Town ofTiburon as part of the Vista Tiburon Subdivision (RM 21-37); and
WHEREAS, the Town ofTiburon in cooperation with owners of Lots 4 and 5 of the
Vista Tiburon Subdivision subsequently improved an appropriate portion of said easement into an
access corridor commonly used by residents and the general public; and
WHEREAS, in part to facilitate a more level and accessible trail, the Town of Tiburon has
approved certain physical improvements such as retaining walls and fences that encroach into the
less usable portion of the easement located on Lot 5 ("Lot 5 Pedestrian Easement"), with the
actual public trail being located exclusively on the more usable portion of the public service
easement located on Lot 4; and
WHEREAS, the Town ofTiburon is now desirous of vacating the Lot 5 Pedestrian
Easement insofar as it permits public pedestrian access, while retaining the public utility easement
over said area; and
WHEREAS, the Town has researched the matter and concluded that vacation of the
portion of the public pedestrian easement located on Lot 5 will not adversely affect any in-place
public utility facilities
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town ofTiburon
that:
I. Pursuant to Chapter 4, Section S334(a) of the California Streets and Highways Code, the
Town ofTiburon does hereby summarily vacate that component of the subject easement
that authorizes public pedestrian uses on the portion of the public services easement
described on attached Exhibit" A" and graphically depicted for information purposes only
on attached Exhibit "8".
2. This summary vacation is made pursuant to the authority of Chapter 4, Section 8334(a) of
the California Streets and Highways Code which allows municipalities to summarily vacate
an excess right of way of a street not required for street purposes.
3. This action in no way affects the public utilities easement purposes of the subject portion
of the public services easement.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on , 1999, by the following vote:
AYES
COUNCILNlEl\IIBERS
NOES
COUNCILNlEl\IIBERS:
ABSENT
COlJNCIUv[El\IIBERS
MOGENS BACH, MAYOR
DIANE L CRANE, TOWN CLERK
60reedland woods reso.doc
EXHIBIT A
DESCRIPTION
OF PROPOSED ABANDONMENT
OF ONL Y THE PUBLIC PEDESTRIAN EASEMENT
OVER A PORTION OF Al"l PUBLIC UTILITIES EASEMENT
AND PUBLIC PEDESTRIAN EASEMENT
BEING A PORTION OF LOT FIVE
MAP OF VISTA TIBURON
RECORDED IN BOOK 21 OF MAPS, AT PAGE 37
MARIN COUNTY RECORDS
TOWN OF TIBURON
MARIN COUNTY CALIFOR."IIA
Beginning at the point of intersection of courses "S 14025'31 "W 76.48'" and "S70o 13'00"W
62.00'" of the southeasterly line of Lot Five, as shown upon that certain map entitled "Map of
Vista Tiburon", recorded May 24, 1995, in Book 21 of Maps, at Page 37, Marin County Records;
thence leaving said point, along the southeasterly line South 14025' 31" West 61.30 feet, more or
less, to a point which bears North 14025' 31" East 15.00 feet from the southeast corner of said
lot; thence leaving said line, northwesterly 10.05 feet, more or less, along a non-tangent curve,
concave southerly, whose center bears South 22035'02" West, having a radius of 113.00 feet, and
a central angle of 5005' 4 7", to a point which is ten-feet northwesterly of, and adjoining parallel
with the southeasterlv line of said lot; thence North 14025'31" East 65.61 feet. more or less, to a
.. .
point which is ten-feet northerly of, and adjoining parallel with, the southeasterly line of said lot;
thence North 70013'00" East 12.09 feet, more or less, to a point which bears North 14025'31"
East from the point of beginning; thence South 14025'31" West 12.09 feet, more or less, to the
point of beginning.
Containing an area of approximately 694 square feet.
The basis of bearings of the herein description is the same as that of Book 21 of Maps, at Page
37, Marin County Records.
The above-described parcel of land represents a portion of said Lot 5 and is not intended for
inclusion in a document conveying fee ownership. To do so may be in violation of state law
and/or local ordinance.
End of description
27 May 1999
Survey No. 531
Prepared by
Phillip A. Danskin & Associates
Land Surveyor
Sonoma, California
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RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING THE DESIGNATION OF
"ROUND HILL TERRACE" AS A PRIVATE STREET
WHEREAS, the Town of Tiburon has received an application from TRI
Development Company requesting that an unnamed private roadway currently under
construction off Round Hill Road, that will eventually serve four single family residences,
be designated "Round Hill Terrace".
WHEREAS, the Town Council has reviewed this request and determined that the
safety and convenience of the subject residential properties would be enhanced by the
provision of an official street name.
NOW, THEREFORE BE IT RESOL VED by the Town Council of the Town of
Tiburon that:
1. Round Hill Terrace is hereby approved as the name of the private street
serving four residential parcels on the east side of Round Hill Road
approximately 800 feet northerly from its intersection with Lyford Drive, as
illustrated on the attached Exhibit "A".
2. Round Hill Terrace is not accepted into the Town's street system
pursuant to Streets and Highways Code Section 1808.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
of Tiburon on by the following vote:
AYES COUNCILMEMBERS
NOES. COUNCILMEMBERS
ABSENT COUNCILMEMBERS'
MOGENS BACH, MAYOR
TOWN OF TIBURON
ATTEST
DIANE CRANE, TOWN CLERK
Round hill t.:rrace res. doc
ROUND HILL TERRACE
Drive
EXHIBIT "A"
1
Scale:!" = 2oo",N
Tf~ #- s-
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON EXTENDING ITS APPRECIATION
TO THE ORGANIZERS AND VOLUNTEERS OF THE ANNUAL
COASTAL CLEAN-UP EFFORT
WHEREAS, each year the Town ofTiburon organizes a coastal clean-up effort focusing
on the Richardson Bay Lineal Park shoreline, and
WHEREAS, this effort involves considerable time, effort and commitment on the part of
its organizers, who have primarily bee~ members of the Town ofTiburon Parks & Open Space
Commission, and
WHEREAS, for the past several years, the local coastal clean-up effort has been
spearheaded by Brian Sullivan of the Parks & Open Space Commission with major assistance
from Parks & Open Space Commissioner Alice Fredericks and help from Tiburon Planning
Department Secretary Penelope V orster, and
WHEREAS, the local coastal clean-up effort for 1999 collected an amazing 3,900 pounds
of refuse and other material from the Richardson Bay Lineal Park shoreline without any serious
mishaps and was a model of volunteer organization and community-wide volunteer effort.
NOW THEREFORE, BE IT RESOLVED. that the Town Council of the Town of
Tiburon does hereby express its sincere appreciation to all participating coastal clean-up
volunteers and to organizers Brian Sullivan, Alice Fredericks, Penelope Vorster, and members of
the Parks & Open Space Commission for their tireless efforts in keeping the Richardson Bay
Lineal Park shoreline clean and beautiful.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held on , 1999, by the following vote
AYES:
NOES
ABSENT
COUNCILMEMBERS
COUNCILMEMBERS
COUNCILMErvffiERS
MOGENSBACH,MAYOR
TOWN OF TlBURON
ATTEST
DIANE L CRANE, TOWN CLERK
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 10/6/99
(p
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR ~
Subject: PARCEL MAP FOR CONDOMINIUM CONVERSION OF A DUPLEX
LOCATED AT 2336 & 2338 MAR EAST STREET; KNOWLES AND SHERRY
HALL, OWNERS AND APPLICANTS
Date: SEPTEMBER 29, 1999
BACKGROUND
On October 14, 1998 the Planning Commission approved a conditional use permit and tentative
subdivision map for the subject condominium conversion of an existing duplex building.
The applicant has proceeded to fulfill the required conditions of approval on the conditional use
permit and tentative subdivision map approvals. The Parcel Map finalizing the condominium
conversion is now before the Town Council for approval.
ANALYSIS
The Town Engineer and Planning Department Staff have reviewed the parcel map and found it in
conformance with the approved tentative map and the approved conditional use permit, as well as
and state and local subdivision regulations.
No dedications are proposed as part of the map. This is a ministerial action and is exempt from
CEQA
A copy of the parcel map will be on display at the meeting.
RECOMMENDA nON
That the Town Council adopt the Resolution (Exhibit 1) approving the parcel map.
EXHIBITS
Draft Resolution.
2336-2338mar ~a<;t pm rep. doc
Tiburon Town Council
S'iaJf Report
10/6/99
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON APPROVING A PARCEL MAP FOR
CONDOMINIUMIZA TION OF PROPERTY AT 2336 & 2338 MAR EAST STREET
(ASSESSOR PARCEL NUMBER 59-194-91)
RECIT ALS
The property owners, Knowles and Sherry Hall, have submitted a Parcel Map proposing
the condominiumization of property located at 2336-2338 Mar East Street. The Planning
Commission approved the Tentative Map for this subdivision on October 14, 1998.
The submitted map has been examined by the Town Engineer and returned to the Town
Clerk as required in Section 14.36 of the Tiburon Subdivision Ordinance.
The Town Engineer and Planning Department Staff have determined that the map is in
substantial conformance with the approved Tentative Map adopted by Resolution No. 99-
21 on October 14,1998, and that all required conditions of approval have been met.
APPROV AL
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon does approve the map entitled "Parcel Map, Condominium Map, Lands of
Knowles & Sherry Hall", 2 sheets), prepared by David Harp & Associates, and does direct
that said map be duly recorded with Marin County
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
ofTiburon on , 1999 by the following vote:
AYES. COUNCILMEMBERS.
NOES COUNCILMEMBERS:
ABSENT COUNCILMEMBERS
MOGENSBACH,MAYOR
TOWN OF TIBURON
ATTEST
DIANE L. CRANE, TOWN CLERK
2336-2338mar east pm res. doc
Tiburon Town Council
Resolution No.
--/--/99
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
:;
To: MAYOR AND TOWN COUNCIL
From: ANN R DANFORTH, TOWN ATTORNEY
Subject: CREATION OF MAIN STREET ASSESSMENT DISTRICT
Improvements to Facilitate Wheelchair Access to Properties on Main Street
Date: October 6, 1999
BACKGROUND AND ANALYSIS
On April 7, 1999, the Council adopted a Resolution of Intention to create the Main Street Assessment
District. The purpose of the District is to finance improvements on lower Main Street that will
facilitate wheelchair access to currently inaccessible properties. The project will also improve the
appearance of lower Main Street, which will benefit all properties on the street.
The Resolution ofIntention appointed Irving L. Schwartz, C.E., as District Engineer (or Engineer
of Work). As directed by the Council, Mr. Schwartz has designed the project and prepared an
Engineer's Report. The Engineer's Report consists of the Engineer's Assessment of Cost, Owner's
List, Method of Assessment Spread, Assessment Roll and Street Reconstruction Plans. With the
exception of the Street Reconstruction Plans, all of these documents are attached as an exhibit. The
Plans can be reviewed at Town Hall and will be available at the Council's meeting of
October 6, 1999.
The attached resolution is the next step in forming the District. By adopting this Resolution, the
Council gives its preliminary approval of the Engineer's Report and sets the statutorily required
hearing on the District for December 1, 1999. To expedite the process, the Resolution also
authorizes the District Engineer to advertise for competitive bids for the construction of the project
and to set a date for bid opening.
RECOMMENDA nON
That the Council consider and adopt the proposed Resolution.
EXHmlTS
Proposed Resolution
Engineer's Report
Main St. Ass. Dist. Reso., 10-6-99
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL
OF THE TOWN OF TIBURON
PRELIMINARILY APPROVING ENGINEER'S REPORT
AND DIRECTING ACTIONS WITH RESPECT THERETO
TOWN OF TIBURON
Main Street Assessment District
RESOLVED, by the Town Council (the "Council") of the Town of Tiburon (the "Town"),
County of Marin, State of California, as follows:
1. Resolution of Intention. On April 7, 1999, this Council adopted its Resolution of
Intention to Make Acquisitions and Improvements, (the "Resolution of Intention") under the
Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of
California, (the "Act") to initiate proceedings under the Act in and for the Town's Main Street
Assessment District (the "Assessment District").
2. Engineer's Report. The Resolution of Intention referred the acquisitions and
improvements described therein ("Project") to the person designated therein as the Engineer of
Work and directed the Engineer of Work to prepare and file with the Town Clerk a report (the
"Engineer's Report") pursuant to the Act and containing information set forth in the Resolution
of Intention, to which reference is hereby made for further particulars.
3. Engineer's Report Preliminarily Approved. The Engineer of Work has
prepared and filed the Engineer's Report with the Town Clerk, and this Council with the aid of
Town staff has reviewed the Engineer's Report, and hereby finds it to be sufficient for, and that
it shall stand for purposes of subsequent proceedings for the Assessment District and the
Engineer's Report is hereby preliminarily approved.
4. Public Hearing. Pursuant to the Act, this Council hereby orders that a public
hearing shall be held before this Council, in the regular meeting place thereof, Town Hall
Council Chambers, 1505 Tiburon Blvd., Tiburon, California, on December 1, 1999, at the hour
of 7:30 o'clock p.m., the purposes of this Council's determination whether the public interest,
convenience and necessity require the acquisitions and improvements, whether the properties
in the Assessment District are specially benefited by the acquisitions and improvements, the
tabulation of special assessment ballots and the determination of the existence of any majority
protest and this Council's final action upon the Engineer's Report and the assessments
therein. The public hearing may be continued from time to time as determined by the Council.
5. Notice. The Town Clerk is hereby authorized and directed to cause notice of the
hearing ordered under Section 4 hereof to be given by mailing, postage prepaid, in the United
States mail, and such notice shall be deemed to have been given when so deposited in such
mail. The envelope or cover of the mailing shall include the name of the Town and the return
address of the Town Clerk as the sender. The mailed notice shall be given to all property
owners within the Assessment District as shown in the Engineer's Report by such mailing by
name to those persons whose names and addresses appear on the last equalized assessment
roll of the County of Marin or the State Board of Equalization assessment roll, as the case may
be. The amount of the proposed assessment for each parcel shall be calculated and the
Town Council Resolution No.
- Preliminary Approval of Engineer's Report - 10/6199
record owner of each parcel shall be given written notice by mail of the proposed assessment,
the total amount thereof chargeable to the entire Assessment District, the amount chargeable
to the owner's particular parcel, the anticipated duration of payments for the assessment if
bonded, the reason for such assessment and the basis upon which the amount of the
proposed assessment was calculated. Each such mailed notice to owners shall contain a ballot
which includes the Town's address for receipt of completed ballots showing the owner's name,
identification of the parcel and support or opposition to the proposed assessment. Each notice
shall include, in a conspicuous place, a summary of the procedures applicable to the
completion, return and tabulation of ballots, including a disclosure that the existence of a
majority protest (whereby ballots submitted in opposition exceed those submitted in favor of
the assessment, with ballots weighed according to proportional financial obligation of the
affected property) will result in the assessment not being imposed. The notice herein provided
shall be mailed not less than forty-five (45) days before the date of the public hearing ordered
under Section 4 hereof.
6. Ballots. The Town Clerk shall maintain a separate and secure file for the
safekeeping of the assessment ballots as they are received and pending tabulation. Ballots
shall be received up to the time of the closing of the public hearing.
7. Boundary Map. The proposed boundaries of the proposed Assessment District
are hereby described as shown on a map thereof on file in the office of the Town Clerk (the
"Boundary Map"), which indicates by a boundary line the extent of the territory to be included in
the proposed Assessment District and which Boundary Map shall govern for all details for
further purposes of the proceedings for the Assessment District and to which reference is
hereby made for further particulars. The Town Clerk is hereby authorized and directed to
endorse upon the original and at least one copy of the Boundary Map the date of the filing
thereof and date and adoption of this resolution and to cause a copy of the Boundary Map to
be filed with the County Recorder of the County of Marin, in which all of the proposed
Assessment District is located, within fifteen (15) days of the adoption of this resolution, but in
no event later than fifteen (15) days before the date of the public hearing ordered under
Section 4 hereof. The County Recorder shall endorse upon the Boundary Map the time and
date of filing and shall fasten the same securely in a book of maps of assessment and
community facilities districts, which the County Recorder shall keep in his or her office. The
County Recorder shall index the Boundary Map by the name of the Town and by the distinctive
designation of the proposed Assessment District.
8. Advertisement for Bids; Bid Opening. The Engineer of Work is hereby
authorized and directed to advertise the Project for competitive bidding pursuant to state law
and the Town's Municipal Code, and to set a date for the opening of bids for the Project.
III
III
III
.2.
PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of
Tiburon, State of California, on this day of , 1999, by the following vote
to wit:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS
COUNCILMEMBERS
MOGENS BACH, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE L. CRANE, TOWN CLERK
3.
I. L. SCHWARTZ ASSOCIATES, INC.
Civil Engineering and land Surveying
79 Galli Drive
NOVATO, CALIFORNIA 94949.5705
[1@uu@~ @[? U[K1&I?!J@[J;.A]OUU&[1
1505 Tiburon Boulevard
DATE 9/30/99 I JOB NO. 6 939 . 01
ATTENTION Diane Clerk
Crane, Town
RE: Main Street Assessment
District - Engineer's Report
TO
(415) 883.9200
Fax (415) 883.2763
Town of Tiburon
Tiburon, CA 94920
WE ARE SENDING YOU
U Attached
[J Under separate cover via
CJ Shop drawings
XX Copy of letter
~Prints
o Change order
o Plans
o Samples
the following items:
o Specifications
>
o
COPIES DATE NO. DESCRIPTION
1 9/29/99 2 Enaineer's Estimate of Cost
1 9/29/99 2 Owner's List
1 9/13/99 1 Method of Assessment Spread
1 9/29/99 1 Assessment Roll
1 9/27/99 6 Street Reconstruction Plans
THESE ARE TRANSMITTED as checked below:
o For approval
o Approved as submitted
o Resubmit
copies for approval
copies for distribution
>
x~ For your use
c: As requested
o Approved as noted
o Submit
D Returned for corrections
o Return
corrected prints
o For review and comment
o
o FOR BIDS DUE
o PRINTS RETURNED AFTER LOAN TO US
REMARKS
Robert Kleinert w/cc
Ste hen Casale io w/cc
COPYTO Mark Pressman w/cc
If enclosures are not as noted, kindly not;
MAIN STREET ASSESSMENT DISTRICT
TOWN OF TIBURON
MARIN COUNTY, CALIFORNIA
ENGINEER'S ESTIMATE OF COST
I ! ESTIMATED CONSTRUCTION COST
ITEM ESTIMATED UNIT
NO. DESCRIPTION UNIT QUANTITY PRICE AMOUNT
1 ! 12" Culvert 321 $ 75.00 $ 24,075.00
-2lCatch B~~-' 4 $ 2,500.00 $ 10,000.00
-3-1Stonn Drain Manhole I $ 4,000.00 I $ 4,000.00
---4---TBlind Connection' Each I I $ 1,000.00 $ 1,000.00
-. .
_ 5 jCatch Basin Top__.. Each I $ 1,000.00 $ 1,000.00
6 Curb & Gutter , Ln. Ft. 880 $ 12.00 $ 10,560.00
---.7----1Accessability Ramp =:c Each 6. $ 1,000.00 $ 6,000.00
8_~~rete Strip ____-L__.I-ll:..Ft. 186 $ 12.00 $ 2,232.00
_9~k Sidewalk._ i Sq. F!, 6694 $ 9.00 $ 60,246.0.0.
._~ : Brick Driveway Approach T Sq. a= 245 $ 11.00 $ 2,695.00
-+: -1~:~~~:;;o';:::~~",,,;O" I Lo~;~~t~m. 3~O 1$ _11.00' ~ l~:~~~:~~
f-_I..3--i-Asphalt Concrete Overlay.. ,Sq. Ft. _ ....!Q500----::l $ 2.00 : $ 21,000.00
t-_l4~Grate .... = Each '..... I --l $ 1,500.~" 1,500.00
_IL jParkingSiiplPost 1-_EacU'~..!...=11 $ 150.~ 1,200.00
t-. 16 !Stnplng. Lump Sum I. - - $ .. 2,000.00
1-....1..7.....jConcrete Plaque Base Each +_1 $ 150.00 $ 150.00
18 iRemove & Replace Curb & Gutter Lump Sum! - - $ 500.00
t-._--~.._... --" t----.
1-..J..9: ('Remove & Replace Brick Sidewalk. Lump Sum - - $ 2,500.00
__20_ I 0" Sew_er MaiIl _ . ,Ln. F~. 590 $ 95.00 $ 56,050.00
21 4" Sewer Lateral , Ln. Ft. 56 $ 30.00 $ 1,680.00
--22 Adjust Manhole Flow Line . Lump Sum - - $ 2,000.00
=-23-~AdjUstM:anhole. Cover to Grade ___l'ach -r-----z $ 300.00 $ 600.00
24 ,Trench Paving Lump Su~~ - $ 500.00
i_I $ 250.00
.
-
... __+LL_OWA~c:.~__ -=:=:.:i=---~ _ I $ 35,852.00
II TOTAL ESTIMATED I I I
CONSTRCUTION COSTS & I
!CONTINGENCY ALLOWANCE
$
267,000.00
09/29/99
EXCELlDA T Al
6939 ENG EST.XLS
MAIN STREET ASSESSMENT DISTRICT
TOWN OF TIBURON
ENGINEER'S ESTIMATE OF COST
CONTINUED
II
ITEM
NO. DESCRIPTION
f---
I Assessment Engineering Fees
c--- 2 I
Civil Engineering Fees
3 A.D.A. Consultant
1---
4 Project Inspector
1--- .-. _
5 'Construction Contract Administration Fees
6 Bond Counsel
7 Out of Pocket Expenses of Bond Counsel & Transcripts
8 ,Bond Brinting and Supplies
_'n 9 'Underwriter's Discount
10 County Administrative Fees (Per County Auditor/Controller)
-11 ,Recording I Filing Fee .
--. .
12 iPaying Agent Fee (Per County Treasurer/Tax Collector)
13 I Contract Document Reproduction & Miscellaneous Items
14 Litigation Settlement Cost
15 Environmental Review Processing
'ESTIMATED INCIDENTAL EXPENSES
--.
_n
. .
_.n
TOTAL ESTIMATED INCIDENTAL EXPENSES
AMOUNT
$ 5,150.00
$ 24,750.00
:-c-
$ 2,500.00
$ 18,000.00
$ 7,200.00
$ 22,500.00
$ 2,500.00
$ 500.00
$ 10,000.00
$ 500.00
$ 150.00
I $ 2,500.00
$ 1,290.00
$ 105,000.00
$ 10,000.00
-1~212,540~OO
TOTAL PROJECT COST INCLUDING INCIDENTAL EXPENSES $ 479,540.00
-- ~S: CONTRIBUTION FROM TOWN OF TIBURON
-~_.~ ,LESS: CONTRIBUTION FROM CITY OF BELVEDERE
_m I
=-~LESS: CONTRIBUTION FROM TIBURON SANITARY DISTRICT I $
1---'-" , .~ .
,TOTAL CONTRIBUTIONS $
--- --..----r- ----.,-~_._.-
,
~=u=lTOTA.L PROJECT COST LESS CONTRIBUT}ONS
'$
70,000.00
$
60,000.00
77,200.00
207,200.00
$
272,340.00
C--.-n..-'--_ .
. CAPITALIZED INTEREST (6%)
$
18,360.00
I-----+__ --
'RESERVE FUND (5%)
C--'" - +----'.-
I
,
$
15,300.00
I---
'TOTAL OF BOND ISSUE AND TOTAL TO BE ASSESSED:
$
.--
306,000.00
09/29/99
EXCELlDATAI
6939 ENG EST.XLS
MAIN STREET ASSESSMENT DISTRICf
TOWN OF TIBURON
MARIN COUNTY, CALIFORNIA
OWNERS UST
ASSESSMENT ASSESSOR'S
NUMBER PARCEL NUMBER OWNER
I 59-151-41 Edward Zelinsky, etal
P.O. Box 1043
Tiburon, CA 94920-0974
2 59-151-40 Edward Zelinsky, etal
P.O. Box 1043
Tiburon, CA 94920-0974
3 59-151-36 Edwin Purdy and Nancy Purdy
Purdy Trust
P.O. Box 1085
Tiburon, CA 94920-7005
4 59-151-42 Milton McDonough
P.O. Box 901
Tiburon, CA 94920-0901
5 59-151-38 Edward Zelinsky, etal
P.O. Box 1043
Tiburon, CA 94920-0974
6 59-151-35 Tiburon Investment Company
P.O. Box 90
Carmel Valley, CA 93924-0090
7 59-151-33 Edward Zelinsky, etal
P.O. Box 1043
Tiburon, CA 94920-0974
8 59-151-05 National Emergency Services, Inc.
P.O. Box 156
Tiburon, CA 94920-0156
Seplombcr 29, 1999
CORRESPOJOB
69390WNERS.DOC
112
MAIN STREET ASSESSMENT DlSTRlCf
TOWN OF TIBURON
MARIN COUNTY, CALIFORNIA
OWNERS LIST
ASSESSMENT ASSESSOR'S
NUMBER PARCEL NUMBER OWNER
9 59-151-04 Tiburon Tommies, Inc.
c/o Cindy Won
541 Ortega Street, #949
San Francisco, CA 94122-4623
10 60-105-80 Frederick Potts
55 Main Street
Tiburon, CA 94920-2507
11 59-102-19 Edward Zelinsky, eta!
P.O. Box 1043
Tiburon, CA 94920-0974
12 59-102-18 Edward Zelinsky, eta!
P.O. Box 1043
Tiburon, CA 94920-0974
13 59-102-02 Della Santina
Tiburon Building Partners
52 Dunfries Terrace
San Rafael, CA 94901-2439
14 59-102-17 Nahid & Amir Zandvakili
II Sotelo A venue
Piedmont, CA 94611-3534
15 59-151-34 Sam Vella
55 Main Street
Tiburon, CA 94920-2507
16 59-151-37 Edwin Purdy and Nancy Purdy
P.O. Box 1085
Tiburon, CA 94920-7005
September 29. 1999
CORRESPO.JOB
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MAIN STREET ASSESSMENT DISTRICT
TOWN OF TffiURON
MARIN COUNTY, CALIFORNIA
METHOD OF ASSESSMENT SPREAD
The Main Street Assessment District contains 16 assessment parcels. Pursuant to the Settlement
of Litigation regarding accessibility to properties along Main Street, Assessment Parcels No. I
and No.2 have been assigned a zero assessment. Assessment Parcel No. 15 is a very small
triangular shaped parcel with 2.5 feet of frontage on Main Street. As it is not a building site it
has been assigned an assessment of zero. Assessment Parcel No. 16 is four feet wide with four
feet of frontage on Main Street. It is adjacent to and under the same ownership as Assessment
Parcel No.3. Assessment Parcel No. 16 has been assigned an assessment of zero, with any
assessment attributed to this parcel as described below assigned to Assessment Parcel No.3.
The spread of the assessment over the remaining 12 assessment parcels is as follows.
The cost of the settlement of the litigation regarding accessibility is divided proportionately to the
linear footage offrontage of the properties owned by the defendants in the lawsuit. Their
ownership encompasses Assessment Parcels No.3, 5, 7, 9, II, and 12.
Based on the work proposed, it has been determined that 65% of the costs of the improvements
to Main Street be assessed to each of the 12 remaining assessment parcels as this work provides
for a general upgrading and enhancement of the street for which all parcels receive a benefit.
This portion of the cost of the project is divided proportionally to the linear footage of the
frontage of each assessment parcel.
The remaining 35% of the costs of the improvements is attributed to bringing the project site area
into compliance with Americans with Disabilities Act Standards. This portion of the costs of the
project is divided proportionally to the linear footage of the frontage of the assessment parcels
(parcels 3,6,7,8,9, II, and 12) which do not currently conform to the Americans with
Disabilities Act Standards.
ILS/dlh
CORRESPO../OB
6H9 SPREAD.DOC
09/13/99
MAIN STREET ASSESSMENT DISTRICT
TOWN OF TmURON
MARIN COUNTY, CALIFORNIA
ASSESSMENT ROLL
ASSESSMENT ASSESSOR'S
NUMBER PARCEL NUMBER ASSESSMENT
I 59-151-41 0
2 59-151-40 0
3 59-151-36 $35,029.35
4 59-151-42 $ 2,983.50
5 59-151-38 $27,700.65
6 59-151-35 $18,275.85
7 59-151-33 $14,420.25
8 59-151-05 $12,729.60
9 59-151-04 $30,118.05
10 60-105-80 $ 6,066.45
II 59-102-19 $127,632.60
12 59-102-18 $16,822.3 5
13 59-102-02 $ 5,469.75
14 59-102-17 $ 8,751.60
15 59-151-34 0
16 59-151-37 0
TOTAL I ASSESSMENT $306,000.00
September 29,1999
CORRESPO.JOB
6939ROLL.DOC
TOWN OF TIBURON
STAFF REPORT
ITEM NO.
MEETING DATE 10/6/99
t:f"
To: TOWN COUNCIL
From: SCOTT ANDERSON, PLANNING DIRECTOR ~
Subject: ZELINSKY P ARKlRAILROAD MARSH FLOODPLAIN PROJECT CONSIDER
ADOPTION OF AN ORDINANCE EXEMPTING THE PROJECT FROM THE
TIBURON ZONING ORDINANCE AND ESTABLISHING PROCESSING
PROCEDURES THEREFORE (Ordinance---First Reading)
Date: SEPTEI\1BER 29, 1999
BACKGROUND
At its meeting on September 15, 1999 the Town Council directed staff to return with an
ordinance establishing processing procedures for the Zelinsky Park/Railroad Marsh Floodplain
project. This ordinance was to exempt the project from the usual conditional use permit process
established by the Zoning Ordinance and describe a specific processing procedure involving the
Town Council. Under the Zoning Ordinance, the Town Council would not have a review or
approval role in this project.
ANALYSIS
Staff has prepared a draft ordinance for consideration by the Town Council. The proposed
processing procedure is similar to that used for the new town hall and new police station projects,
for which similar ordinances were adopted. The Town Council would hold one or more public
meetings to review conceptual drawings for the project, and would hold at least one public
meeting to review and approve final working drawings for the project. The Town Council could
refer the project to any Board or Committee for comment at any time during this process.
Grading and/or building permits, as necessary, would be required prior to commencement of
work.
RECOMMENDATION
J. That the Town Council holds a public hearing on the draft ordinance.
1 That the Town Council moves to read by title only and holds a role call vote on First Reading
of the Ordinance.
Tiburon Town COllflcil
Slaff Report
10/6/99
I
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON ESTABLISHING
PLANNING PROCEDURES FOR THE PROPOSED
ZELINSKY PARKIRAILROAD MARSH FLOODPLAIN PROJECT
LOCA TED ON TOWN OF TIBURON-OWNED LAND BEHIND THE
TIBURON TOWN HALL AND BELVEDERE-TIBURON PUBLIC
LIBRARY BUILDINGS AT 1501 & 1505 TIBURON BOULEVARD
(PORTIONS OF ASSESSOR PARCEL NOS. 58-171-62 & 85)
The Town Council of the Town ofTiburon does ordain as follows:
SECTION I.
PURPOSE
The Town of Tiburon is proposing to make landscaping, grading, drainage
and passive public recreation improvements to a portion of the Railroad Marsh
Floodplain located behind the Tiburon Town Hall and Belvedere- Tiburon Public
Library buildings at 1505 and 1501 Tiburon Boulevard. The improvements would
include a suitable recognition of the contributions of the Zelinsky Family toward
making the Town Hall and Library buildings a reality. Under provisions of the
Tiburon Zoning Ordinance, this project would require a review by and
recommendation from the Parks & Open Space Commission and issuance of a
conditional use permit from the Planning Commission. The Tiburon Town Council
is adopting this ordinance for the purpose of establishing more streamlined
planning procedures for approval of this major public investment, and providing
for direct Town Council review and approval of the project. This ordinance
exempts the Zelinsky Park/Railroad Marsh Floodplain project from provisions of
the Tiburon Zoning Ordinance while establishing review procedures for the
project. The purpose of the ordinance is to streamline the review process in order
to reduce public costs of the project while preserving the public input process by
making the Town Council the sole decision-making body for the project.
SECTION 2.
EXEMPTION FROM ZONING ORDINANCE
The Zelinsky Park/Railroad Marsh Floodplain project proposed for Town-
owned property located behind ISO I and 1505 Tiburon Boulevard (Assessor
Parcels 58-171-62 and 85) shall be exempt from all provisions of the Tiburon
Zoning Ordinance, Tiburon Municipal Code Chapter 16.
Town ofTihllron
Ordinance A'o.
Effect;ve ~_._._
1
EXHIBIT NO.
,
SECTION 3.
REVIEW PROCEDURES ESTABLISHED
Plans for the Zelinsky Park/Railroad Marsh Floodplain project shall be
reviewed pursuant to the following procedures:
(A) The Town Council shall hold one or more public meetings to
review and approve conceptual drawings for the project, and shall hold one or
more public meetings to review and approve final working drawings for the
project.
(B) The project is subject to the California Environmental Quality Act,
Public Resources Code 21000, et seq., ("CEQA") and the necessary environmental
review shall be conducted at the appropriate states of the project as required by
sate law.
(C) At any time during the process, the Town Council may, as it deems
appropriate, refer the project to the MarshIFloodplain Improvement Committee,
Planning Commission, Design Review Board, or any other Council-appointed
Board or Committee for that group's input or analysis. Such referrals shall be
advisory and not binding on the Council.
(D) Prior to any work on the site, the Town's Building Official shall
issue a grading or building permit for the project as necessary.
(E)
The project shall be exempt from all Town fees.
SECTION 4.
SEVERABILITY.
Ifany section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of the court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed severable
and shall not affect the validity of the remaining portions of the Ordinance. The Town
Council of the Town ofTiburon hereby declares that it would have passed this Ordinance,
any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases may be declared invalid
or unconstitutional.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage and before the expiration of fifteen (15) days after its passage a copy of the
ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town ofTiburon.
Town ofTih/lron
Ordinance .\'0.
Effect;ve
2
This Ordinance was introduced at a regular meeting of the Town Council held on
and was adopted at a regular meeting of the Town Council of the Town
ofTiburon on , by the following vote
AYES
NOES
ABSENT
COUNCILMEMBERS.
COUNCILMEMBERS
COUNCILMEMBERS.
MOGENS BACH, MAYOR
TOWN OF TmURON
ATTEST
DIANE L CRANE, TOWN CLERK
Zelinsky park .:x.:mpt antdoc
Town ofTiburoll
Ordinance No.
Effective
3
SE!p-29-99 03:02P
P.02
.Iuhn E. Sharp
Judith :o\ustin Brown
SHARP & BROWN, LLP
^ Limited Liahility Pal'tner"hip
Altorneys At Law
6'/emhlle FL't/era' Blli{(!iIlJ:
630 l.as Cal/inu. A venae, Saite .I/O
.\'un Rafael, {'u/ijiJmit/ 949fJ.1
(415; 507.14011
.1k/l;.. #i
Facsimile (415) 507.1408
ClI\itil ~bI400@pi:toc:hell.net
Septembcr 2<1. 1<199
RECf;.'IVED
SEP 2 9 1999
TOWN MANAGERS OFFICE
TOWN OF TlBURON
VIA F ACSIM1Li:
F.mi Thcriault
Ti humn Ocsign Review Board
15()5 TibuTOn fllvd
libu:'on. CA 94920
Rc: Withdrawal of ADDelll ofDe~i~ion Grantinl! A"Dli~ation for Var.mlce'l)e~ig!1
Review. 430 Ridge. Tibur"n. Califi>mi.:. AP \;0.59-082-22
Heuring Datc: July 1. 1999
Dear emi:
Plcase be advised that {'red and Casey hal1llahs hereby withdraw their Appeal of
July 9. 1999 of the af()rementioned De~ign Review decision. The apllca: Is Withdrawn
withoul preJudice to Mr. and Mrs. Hannah,' rights to he provided neticc cJfanJ have input
111tO. an~ matters pending reliltcd to conditions of the ",rian~e and design rcvic\v
approvals. or in the future with regard to tile subjcct property.
Although it is recognizcd th~tlhc To",n dots not have jurisdictioJlto cnl"rce the
DeclaratioJl of Restrietions previously rcfcrcl1c~d hy appdlal1ts. this withdrawul is nol
il1te~ded as a waiver by Mr, and Mrs, He.r.nah, oj' ~ny arguments in that regard. nor doe~
it constitute Jcquil'Sccnce in those aspects ofthc project that are inconsistent with thc
De<;]aration of Restrictions.
(J)t;~';:c;t- Mr--
/ John F. Sharp
.TFSbrd
Cl' Fred and Ca~ey llannahs
rvlayor r\'1()g~ns Rw..:h
'"Iemhers oflhe riburon Town Council
Nlark Garay
K ,SD\f'~ ",I.Jr,,~,dlll,;