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HomeMy WebLinkAboutTC Agd Pkt 2000-08-16 /,/]-<1 i 1.,.1.J 1''' "I' . / ,'......\..;'~.,../V:- TIBURON TOWN COUNCIL AGENDA /uh-~ tit Qt.AJI~ ~. /Ie ,', " ..f1,,--t..r <JG..JoA ""''1 -.../ ' ~ ',J ! ( ./ J/.' ',:,? ,.i REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: AUGUST 16, 2000 7:30 P.M. 7:00 P.M. PLEASE NOTE: In order to c1ve all interested persons an oppor1llnlty to be heard, and to ensu", the presentadon 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 Presentadons to 3 minutes; (5) Speak Directly into Microphone. A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) C. PUBLIC OUESTIONS 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. COUNCIL, COMMISSION & COMMITTEE REPORTS E. 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 of the Town Council, Town Staff, or the Public may request removal of an item for discussion. 1. TOWN COUNCIL MINUTES - No. 1195 - July 19, 2000; No. 1196 - August 2, 2000 - (Adopt) 2. 2 - 98 NED'S WAY - (Chandler's Gate Senior Housing Project) - Grant of Five-foot Drainage Easement; AP No. 58-151-27 - (Resolution) F. APPOINTMENTS TO BOARDS, COMMISSIONS & COMMITTEES 3. DESIGN REVIEW BOARD - (One Vacancy) G. PUBLIC HEARING 4. MARIN EMERGENCY RADIO AUTHORITY (MERA) - Appeal of Planning Commission Denial of Conditional Use Permit Application for installation and operation of a Wireless Communications Facility on a Marin Municipal Water District Storage Tank site located at 991/2 Mt. Tiburon Road - AP No. 58-261-32 5. 37 REED RANCH ROAD - Appeal of Design Review Board Denial of request for Site Plan and Architectural Review to construct an addition to an existing single- family dwelling with a Variance for reduced front yard setback - AP No. 34-301-03- (Ann Solomon, Applicant/Appellant) 6. 223 DIVISO STREET - Appeal of Design Review Board Decision Denying Application for Legalization of an as-built Fence on and near property - AP No. 059- 131-07 - (Malcolm Misuraca and Victoria Brieant, Applicants/Appellants) _ (Request/or Continuance to September 20,2000) H. UNFINISHED BUSINESS 7. A VENIDA MlRAFLORES MEDIAN STRIP LANDSCAPING - (Request by Del Mar Valley Property Owners' Association for Portion of Town Water Allocation) 8. DOG WASTE RECEPTACLE SYSTEM FOR TOWN PARKS & PATHS _ (Consider Parks & Open Space Commission Recommendation & Adopt Program for FY 2001) 9. MILL V ALLEY REFUSE SERVICE FRANCHISE AGREEMENT - (Consideration of additional service for Town Parks Garbage Pick-up) I. NEW BUSINESS 10. TOWN MANAGER POSITION - (Discussion & Possible Appointment; Approval of Employment Agreement) 11. FY 2001 FUND TRANSFERS - (General Fund Reserve Reallocations & Transfers) 12. TOWN OF TIDURON STREET IMPROVEMENT PROGRAM - (Award of Contract) A) SPRING 2000 STREET OVERLAY PROJECT B) GREENWOOD BEACH DRAINAGE PROJECT J. STAFF & TOWN MANAGER REPORTS 13. BELVEDERE DRAINAGE DIVERSION PROJECT - (Oral Status Report) K. COMMUNICA nONS 14. SPECIAL EVENT PERMITS- A) Paradise Drive from Tiburon Boulevard Turn-Around to Mar West Street - (Tiburon Volunteer Fire Department Request for Street Closure and Use ofWatemont Park for Chili Festival on September 9, 2000) B) Main Street Parking Lot - (SF Film Society Request for Outdoor Screening on September 21,2000) 15. MARIN COUNTY OFFICE OF EMERGENCY SERVICES- July 2000 Newsletter - (SEMS Orientation to Emergency Management) L. ADJOURNMENT Future Aflenda Items -36 SOUTHRIDGE WEST - Request by Town Council for Modification to as-built deck - (Continuation of June 7, & July 19, 2000 Appeal Hearing of Design Review Board Decision to Town Council) -AP No. 34-311-11- (Lalita Waterman, Applicant/Appel/ant) - (September 6) --210 & 220 GIlMARTIN DRIVE - (Requestfor Approval of Vista Golden Gate Estates Precise Development Plan & Mitigated Negative Declaration) - Alexander & Yami Anolik, Applicants - AP# 39-171-05 - (September 6 _ Continued without hearing from August 2, 2000) -14 PLACE MOUliN - Appeal of Design Review Board decision approving application for construction of a new single-family dwelling - AP No. 58-351-24 - (Star Two, LLc Applicant; Michael Rex Associates, Appel/ant) _ (September 6) --PT TIBURON (RAILROAD) MARSH MAINTENANCE PROGRAM- (Consideration of proposals for ongoing Maintenance Program) - (September 6) --BELVEDERE DRAINAGE DIVERSION PROJECT - (Review of Landscape Plan) - (September 6) DATE OF MEETING: August 16, 2000 August 11, 2000 No. 12, 2000 DATE POSTED: NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a Closed Session. More specific infonnation regarding this meeting is indicated below: 1. PUBLIC EMPLOYMENT (Section 54957) Title: Town Manager 2. WORKER'S COMPENSATION (Section 549569(a)) WCAB No. SF00397l74 TOWN COUNCIL MINUTES r~w- AJ~. I (a, DR4Ft own Council Chambers, 1505 Tiburon Boulevard, Tiburon, A. INTERVIEWS Between 6:45 and 7:30 p.m., Council interviewed four residents for a vacancy on the Planning Commission: I. Richard Collins, 660 Tiburon Boulevard 2. Wilma Marks, 747 Tiburon Boulevard 3. Paul Tandler, 40 Red Hill Circle 4. Mike Figour, 2131 Vistazo East B. ROLL CALL PRESENT: COUNCILMEMBERS: Bach, Gram, Hennessy, Matthews, Thompson PRESENT EX OFFICIO Town Manager Kleinert, Interim Town Attorney Sharp, Planning Director Anderson, Associate Planner Theriault, Finance Director Stranzl, Superintendent of Public Works Iacopi, Acting Chief of Police Lt. Aiello, Town Clerk Crane Iacopi C. ANNOUNCEMENT OF CLOSED SESSION ACTION ur any) Mayor Gram said the Council would meet in closed session at the end of the meeting. D. PUBLIC OUESTIONS AND COMMENTS Town Manager Kleinert proposed adding an item to the agenda on an emergency basis. He said that the California Transportation Commission had told the Town that in order to gain approval of grant funding for the Waterfront Area Improvements, the Town would have to adopt a Resolution showing that it had authorized additional, local matching funds. Kleinert said the CTC was meeting the next day in Lake Tahoe and the resolution, if passed, must be adopted tonight. Town Attorney John Sharp cited Section 54954.2 of the Brown Act as legal authority for this emergency action. The Town Council unanimously voted to add the item for consideration at the end of the agenda. On another matter, resident Gus Strotz asked for a response from Council to his previous inquiry about increasing the rate of undergrounding of utilities within the Town limits. Town Council Minutes #1/95 July 19, 2000 Page / Councilrnember Matthews asked Mr. Strotz whether he was suggesting that the Town form its own utility district. He replied that it might be a necessary step to take if other avenues were unsuccessful. Vice Mayor Thompson also informed told Mr. Strotz that he was actively working with the other Marin cities and towns to increase the rate of undergrounding of utilities during the current round of Rule 20A rulemaking hearings before Judge Carol Brown. He said that a letter in support of this concept had been sent to Judge Brown. Mayor Gram thanked Mr. Strotz for his comments but said the Council could take no action on the matter during the present meeting. E. COUNCIL. COMMISSION & COMMITTEE REPORTS Councilmember Bach, speaking as the Town's representative to the Marin Telecommunications Authority, reported that A TT Cable had been bought by Media One, and that all the representatives the Town had been working with had been fired. He commented that it was the fourth or fifth change of ownership for the [local cable] company since he had been on the Council. F. CONSENT CALENDAR 1) MAIN STREET ASSESSMENT DISTRICT & SUPPLEMENTAL WORK - Acceptance ofImprovements - (Resolution) 2) 20 T ANFIELD DRIVE - Denial of Sports Court Lighting, Fencing and proposed Property Line Fence - (Ron & Grace Elijah, Applicants/Appellants) - (Resolution) 3) AMICUS BRIEF REQUEST - Fair Housing Foundation of Long Beach v. City of Lakewood - Ninth Circuit Court of Appeals Case No. 00-55060 - (Approve) 4) MARIN COUNTY OFFICE OF EMERGENCY SERVICES - Renewal of three- year Contract (MOU) for Disaster Preparedness Services to the Town ofTiburon - (Authorize Execution by Town Manager) 5) FY 200 I Town Employee Salary & Benefit Program - (Adopt Resolution) Councilmember Hennessy asked that Item NO.3 be removed from the Consent Calendar. She expressed concern that joining the City of Long Beach in its lawsuit against the Fair Housing Foundation of Long Beach might somehow be a statement against fair and affordable housing, which she advocated. Town Attorney John Sharp said that although there was little detailed information contained in the Amicus brief request, it appeared that the lawsuit was for the purpose of protecting the City's right to terminate a contract with an agency that had not fulfilled its contract provisions with the City. At Councilmember Hennessy's request, Sharp offered to obtain and provide more information at the next Council meeting. Town Council Minutes #1195 July /9, 2000 Page 2 MOTION: Moved: Vote: To approve Consent Calendar Item Nos. 1,2, 4 and 5 above. Hennessy, Seconded by Matthews AYES: Unanimous G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES 6) PLANNING COMMISSION - (One Vacancy) Mayor Gram said four applicants had been interviewed for the vacancy at this meeting. Councilmember Matthews said the Town was fortunate to have so many qualified candidates. MOTION: To appoint (Design Review Board Chair) Wayne Snow to the Planning Commission. Matthews, Seconded by Bach AYES: Unanimous Moved: Vote: I. PUBLIC HEARING 7) 36 SOUTHRlDGE WEST - Request by Town Council for Modification to As- Built Deck - (Continuation of June 7, 2000 Appeal Hearing of Design Review Board Decision to Town Council) - AP No. 34-311-11 - (Lalita Waterman, Applicant/Appellant) Vice Mayor Thompson recused himself. Associate Planner Theriault said that at the June 7,2000 meeting, the applicant, Mrs. Waterman, had been directed by Council to make modifications to an as-built deck and resubmit the plans that included a variance associated with excess lot coverage. Theriault said Mrs. Waterman had also erected story poles and ribbons showing the changes to the deck and had provided a landscaping [mitigation] plan. Ms. Theriault said that the Planning Department Staff would still like to have more complete data on the lot coverage at 36 Southridge west. She said the current plans showed 200 feet of the deck as being three feet from grade. Theriault recommended that a representative of the applicant actually do the measurements in the field so that the Town would have correct data for its records. In response to a question from Council about lot coverage data submitted, Adam Gardner, representing Dick Hunt [Hunt Hale Architects, the Waterman's architects] said he had not personally done any measurements. In response to a question from Councilmember Hennessy on the discrepancy between the original plans and current plans, Mr. Gardner said [the current plans showed] the previously existing deck being built to meet the new as-built deck. Town Council Minutes #1195 July 19, 2000 Page 3 Mayor Gram asked if a particular current set of plans was correct. Mr. Gardner answered affirmatively. Councilmember Hennessy asked ifhe would measure the deck and distance from grade. He said he would do so. Associate Planner Theriault confirmed that the revised (current) plans showed the correct length of the deck. Neil Sorensen, attorney representing the Watermans, said his clients had followed Council's suggestion and planned to cut off "just under eight feet" of the deck. He said their structural engineer had said the comer could not be cut from "post to post" as recommended by Council due to a denigration of structural integrity. Nevertheless, according to Sorensen, there were still sufficient findings for a variance in this case. Mayor Gram opened the public hearing. Andrew Thompson, 18 Southridge West, said the matter should be continued because the applicants still had not submitted the data showing the correct height of the deck [from grade]. He also said that some of the neighbors could not be present who had wanted to comment because no notice of[ the current] hearing had been sent out. Mr. Thompson said he appreciated the story poles, but that what people in the neighborhood were still upset about is what the Staff was concerned about, that is, the deck not conforming to the [Town's] three-foot rule, and continued misrepresentations by the applicant. Thompson further stated that "snipping the comer" of the deck did not make that much difference, and continued misrepresentations, whether intentional or not, continued to frustrate some people in the neighborhood. Attorney Sorensen responded that he had been unaware of any errors in the plans up until now, but that there was no change to the [curr cnt] area over three feet. He said the applicant was only cutting off a comer to the deck and that the other data on the plans was not changed. However, he suggested that the Council could require figures [specific data] in its final approval. Mr. Sorensen said his clients had already presented their case and that it was not important whether or not the deck was taken back to the three-foot line because of the findings presented, as well as the finding for a variance under the Americans with Disabilities Act (ADA). Mayor Gram closed the public hearing. Mayor Gram said the Town wanted to receive the numbers [specific data] within the next few days. Town Council Minutes #1195 July 19, 2000 Page 4 Councilmember Bach said the Council's concern was [removal of] the comer of the deck and that he "was not happy" with the way the applicant proposed to cut off the comer in the current plans. He questioned whether a structural problem really existed. Bach said he had specifically requested a 45-degree cut from post to post. He said the 45-degree angle would closely follow the contours of the hillside and would lessen the view impacts from neighboring properties. Councilmember Bach said the Council had "lived with the other part of the deck" but that he would not accept the current proposal. He also said he appreciated receiving up to date drawings but that he noticed a skylight that was not there before and that he would not approve that either. Councilmember Matthews said his opinion was close to Bach's but that he was not quite as troubled by the [cut of the] deck because the proposed landscaping would help to camouflage it. Matthews asked how far off the cut was. Councilmember Hennessy said it was supposed to be from "post to post." Councilmember Bach said that the comer was what was in the view angle of the other homes and that it was important to remove it. He said it would take years before the shrubbery would get to the deck railing height. Council discussed the size of the shrubs. Mrs. Waterman's letter stated they would be 25-gallon size Council questioned whether they were 25 or I5-gallon containers. The applicant said they would be 15-gallon size. Mayor Gram said he agreed with Councilmember Bach that the deck must be pulled back more than was shown on the proposed plans. Mrs. Waterman replied that she had done what her structural engineer recommended but that she would be willing to do what Council asked. However, she said it would require cutting off part of a structural beam. She said she had submitted a letter to Staff, dated July 5, that addressed this Issue. Mayor Gram directed Mrs. Waterman to take that action and return to a continued hearing so that Council could have time to look at the plans again. He said the Council wanted to make sure the changes were satisfactory and that a new post ( story pole) should be erected. Mrs. Waterman said the post could be erected the following day, but she asked for a continuance until September in order to take care of family business out of town in August. Council agreed to a continuance to September 6,2000. 8) 223 DIVISO STREET - Appeal of Design Review Board Decision Denying Application for Legalization of an As-Built Fence on and near Property - AP No. 059-131-07 - (Malcolm Misuraca and Victoria Brieant, Applicants/Appellants)- Town Council Minutes #1195 July 19, 2000 Page 5 (Notice of Continuance) Council noted the request for continuance to August 16, 2000. 9) 376 GREEENWOOD BEACH ROAD - Town-initiated Proposal to Designate the Lyford House as a Local Historical Landmark - AP No. 55-011-:'14 - (National Audubon Society, Owner) A) Resolution Designating Local Historic Landmark - (Adopt) B) Resolution in Support ofInclusion on the National Register of Historic Places - (Adopt) Planning Director Anderson said that both the Planning Commission and Heritage & Arts Commission recommended designation of the Lyford House as a Local Historical Landmark. He said the second part of the report was to show the Town's support for this landmark's inclusion in the National Register of Historic Places. Mayor Gram opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To Adopt Resolution Designating the Lyford House as a Local Historic Landmark. Hennessy, Seconded by Bach AYES: Unanimous MOTION: To adopt Resolution in support ofInclusion of the Lyford House on the National Register of Historic Places. Hennessy, Seconded by Bach AYES: Unanimous Moved: Vote: H. UNFINISHED BUSINESS 10) A VENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING - (Request by Del Mar Valley Property Owners' Association for Portion of Town Water Allocation) Finance Director Stranzl gave the Staff Report. He presented two options for Council consideration in order to accommodate the request of the Del Mar Valley homeowners to reconnect the Town water meters in the Avenida Miraflores median strips for landscape maintenance. Stranzl said the first option would be for the Town to allocate a portion (approximately a third of an acre foot) of its water allocation to the median strips; the second would be for the Town to request a portion of the Reed Union School District's water allocation at the Town's cost. Stranzl said the latter might be preferable in that an existing back flow valve was located on the school property directly adjacent to the median strips. Superintendent of Public Works Iacopi confirmed this fact, noting that he used to work for the Reed Union School District. He said he though there was an adequate supply of water at that location. Town Council Minutes # 1 1 95 July 19, 2000 Page 6 ~ Iacopi said it would cost the Town substantially more money to install its own back flow system and file for an approved landscape plan from MMWD. Councilmember Hennessy asked who would maintain he landscaping once the water was reconnected. Town Manager Kleinert said he thought that a drip irrigation system would be installed. Town Manager Kleinert said that he had had preliminary discussions with the School District's Business Manager, Jeri Johnson, which were positive. However, he said that the District wanted to check their current water allocations before recommending approval of the request. He recommended exploring this option. Councilmember Thompson said "full speed ahead" to the proposal to enter into a cost-sharing arrangement with the School District. Mayor Gram opened the public hearing. Valerie Bergmann, Del Mar Valley homeowner, said there were bits and pieces of information in the Staff report that were "conspicuously absent," such as the answer to her question about how the Town was using its current water resources. She made reference to a June 12 letter she had submitted to the Town. Mayor Gram asked how that information would affect the Council's decision. Ms. Bergmann replied that she thought the Town was shifting a Town responsibility on to the School District and that she had already determined that it was illegal for the School District to sell water to the Town. Mayor Gram asked Town Attorney Sharp to look into the aforementioned legal issue. Ms. Bergmann also questioned what would happen if the School District decided to take back the proposed water allocation. She said the homeowner's group was "not going to come back" to the Council and that they did not want to get "whip-sawed around." Finally, Ms. Bergmann passed out a document she said she had received from MMWD, which showed the different Town water meter locations and usage. Finance Director Stranzl said he also had the document in his possession and had summarized the information about the Town's total water allocation in his report. Mayor Gram suggested that Ms. Bergmann put in writing what she thought was missing from the Town's report. Priscilla Tripp, former Del Mar Valley resident, said common sense told her that since the median strips belonged to the Town, they were also the Town's responsibility. She suggested the use of a water truck as a third option. Town Council Minutes #1195 July 19, 2000 Page 7 Ted Wray, Del Mar Valley resident, said they had already looked into that suggestion and had determined that the cost was prohibitive. Superintendent of Public Works Iacopi said he was sympathetic to the Del Mar Valley homeowner's concerns. He recalled that a former resident, Mirella Abbo, had made a deal with the previous Superintendent (Lou Brunini) that the homeowners would take over the maintenance of the median strips from Public Works in exchange for being able to plant what they wanted there. Iacopi commended them for a beautiful job. Mayor Gram said the homeowners had already agreed to maintain the strips if the Town would reconnect the meters and provide water. Item continued to August 2, 2000. 11) PROPOSITION 12 - Safe Neighborhood Parks Act - (Status of Funding) Town Manager Kleinert reported that no criteria had yet been established by the State for Proposition 12 funding. Council noted the item and thanked Staff for "staying on top" of the funding status. J. STAFF & TOWN MANAGER REPORTS 12) LEAF BLOWERS - (Oral Report by Town Manager) T own Manager Kleinert said he had recent several recent inquiries pertaining to the banning of gas-powered leaf blowers by the Town. He noted that the Council had adopted an ordinance in 1995, which limited the use of such blowers to the hours of8:00 a.m. to 4:00 p.m., Monday through Friday. Kleinert recommended no change to the ordinance at the present time. Council concurred. Council also directed the Town Clerk to put information about common Town ordinances that affected everyday life, such as construction hours, leaf blowers, and animal control, in the next Town Newsletter. K. COMMUNICATIONS None. EMERGENCY ITEM The Town Council considered the resolution to be sent to the California Transportation Commission. After two minor modifications, they took the following action: MOTION: To adopt Resolution Assuring Compliance with the Conditions and Requirements associated with the allocation of Proposition 116 Funds for Tiburon's Ferry dock Access and Safety Improvements Project. Town Council Minutes #1195 July 19, 2000 Page 8 Moved: Vote: Thompson, Seconded by Bach AYES: Unanimous L. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Gram adjourned the meeting at 9:00 p.m., to closed session. TOM GRAM, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town counci/Minutes #1195 July 19, 2000 Page 9 TOWN COUNCn.. MINUTES --- I. /i ..Jje" ~O. /lb) DRAFT A. INTERVIEWS - (HERITAGE & ARTS COMMISSION) . Andrea Morgan, 2133 Paradise Drive B. ROLL CALL PRESENT COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Bach, Gram, Matthews Hennessy, Thompson PRESENT EX OFFICIO: Town Manager Kleinert, Planning Director Anderson, Senior Planner Watrous, Superintendent of Public Works Iacopi, Acting Chief of Police Lt. Aiello, Town Clerk Crane Iacopi C. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) Mayor Gram said there was no closed session. D. PUBLIC OUESTIONS AND COMMENTS None. E. COUNCn... COMMISSION & COMMITTEE REPORTS Mayor Gram announced that the Town had received a grant from the California Transportation Commission in the amount of$710,000 for improvements to the ferry dock and waterfront area. Mayor Gram dubbed the project "Phase 2" of the downtown improvements. He said the Town would put up $120,000 and that several thousand dollars of value had already been received from Blue & Gold Fleet through their installation of an ADA-accessible replacement dock facility. F. CONSENT CALENDAR I) TOWN COUNCIL MINUTES - No. 1193 - June 21,2000; No. 1194 - July 5,2000- (Adopt) 2) TRAFFIC SAFETY COMMITTEE MEETING MINUTES - July 26, 2000 - (Accept) 3) CHANDLER'S GATE (formerly Ned's Way Garden Homes) - Approval ofFinal Subdivision Map for 25 Lots at Ned's Way & Tiburon Boulevard - AP No. 58-151-35; Tiburon Redevelopment Agency, Owner; Ned's Way LLC, Applicant - (Resolution) MOTION Moved: To approve Consent Calendar Items 1 -3 above. Bach, Seconded by Matthews Town Council Minutes #1196 August 2, 2000 Page I Vote AYES: ABSENT: Bach, Gram, Matthews Hennessy, Thompson G. APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITIEES 4) HERlT AGE & ARTS COMMISSION - (One Vacancy) Town Clerk Crane said the application period ended on July 28,2000. MOTION: Moved: Vote: To appoint Andrea Morgan to the Heritage & Arts Commission Bach, seconded by Matthews AYES: Bach, Gram, Matthews ABSENT: Hennessy, Thompson H. UNFINISHED BUSINESS 5) AMICUS BRIEF REQUEST - Fair Housing Foundation of Long Beach v. City of Lakewood -Ninth Circuit Court of Appeals Case No. 00-55-60 - (Continued from July 19, 2000) Mayor Gram noted Attorney John Sharp's memorandum confirmed that the matter was a contract issue and not a fair housing issue, as raised by Councilmember Hennessy. MOTION: Moved: Vote: To add the Town of Tiburon to the Amicus Brief Bach, seconded by Matthews AYES: Bach, Gram, Matthews ABSENT: Hennessy, Thompson I. PUBLIC HEARING 6) 210 & 220 GILMARTIN DRIVE - (Request for Approval of Vista Golden Gate Estates Precise Development Plan & Mitigated Negative Declaration) - Alexander & Yami Anolik, Applicants - AP #39-171-05 Mayor Gram commented that there were only three Councilmembers present and wondered ifit was fair to proceed with the hearing. Town Manager Kleinert noted that Councils had, in the past, taken testimony and continued the hearing for future consideration by all five members. In response to a question from Mayor Gram, Mr. Anolik said he would "waive his delay rights" in order to get a hearing from the full Council. Mayor Gram opened the public hearing for additional comments. Russell Pratt asked what would happen if only three Councilmembers were present at the continued hearing. Mayor Gram replied that the matter would be heard. Town CounciUwinutes #1196 Augusi 2, 2000 Page 2 Len Yaffe, 10 Gilmartin Court, said the Council should consider Mr. Anolik's opinion since it was his appeal being heard. Council continued the matter to September 6, 2000. J. STAFF & TOWN MANAGER REPORTS 7) CORTE MADERA HOUSING ELEMENT UPDATE - (planning Director) Mayor Gram commended Planning Director Anderson for a good report. Council determined that it would wait to receive a letter from the Corte Madera housing consultant before responding to the recommendations. K. COMMUNICATIONS 8) SPECIAL EVENT PERMIT - 1 MAIN STREET - (Angel Island Association & Boudin Bakery; Promotion for Victorian House Tour on August 5 & 6, 2000) T own Manager Kleinert said the bakery planned to park an antique vehicle adjacent to the store and have an Angel Island docent in Victorian dress hand out bread samples in support of the Angel Island Association's Victorian Days House Tour that weekend. Item noted. Councilmember Matthews commended Mayor Gram again for his work in obtaining the California Transportation Commission grant funding for the Downtown waterfront improvements. L. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 7:52 p.m., sine die. TOM GRAM, MAYOR ATTEST DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #1196 Augusi 2, 2000 Page 3 TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 8/16/2000 ~ To: TOWN COUNCIL From: SCOTT ANDERSON, PLANNING DIRECTOR ~ Subject: CHANDLERS GATE AT TIBURON (FORMERLY NED'S WAY GARDEN HOMES) PROJECT REQUEST FOR GRANT OF 5 -FOOT WIDE DRAINAGE EASEMENT ACROSS TOWN-OWNED PROPERTY UPSLOPE; 58-151-27 Date: AUGUST 9, 2000 BACKGROUND The Town Council has granted all necessary Town permits for construction of the Chandlers Gate project, and site work began the week of August 7th. During preparation of the subdivision improvement drawings, it became apparent that a small drainage easement would be required upslope from the rear wall of the upper set of duplexes. This area has been previously been established as a 30-foot wide landscape buffer area. It is anticipated that a concrete V -ditch will be located in the easement, entirely screened by the landscaping within the landscape buffer. The 5-foot wide drainage easement is an essential element of the project as designed. The easement area comprises only a small portion of the 30-foot wide landscape buffer area that has been granted to the project across the Town-owned parcel directly upslope. Granting of the drainage easement would not cause any foreseeable problems for future use of the Town-owned parcel, as it would be part of any reasonable setback area established for a future use. This is a ministerial action and is exempt from CEQA. RECOMMENDA nON That the Town Council adopt the Resolution (Exhibit 1) granting the drainage easement. EXHIBITS I. Draft Resolution Drainage easement report. doc Tibllron Town Council SfajJ /?el'orl 8/ I 6/2000 1 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TlBURON GRANTING AN EASEMENT FOR DRAINAGE PURPOSES FOR THE BENEFIT OF THE CHANDLERS GATE SUBDIVISION LOCATED AT 2-98 NED'S WAY (ASSESSOR PARCEL NUMBERS 58-151-27 & 58-151-35) WHEREAS, the Town ofTiburon has approved a 25-unit subdivision for senior housing purposes located at 2-98 Ned's Way (the Chandlers Gate project); and WHEREAS, the Town has issued an encroachment permit for a 30-foot wide landscaped buffer along the southern edge of the Town-owned parcel located due north of the Chandlers Gate project; and WHEREAS, the project design requires that a five (5) foot wide drainage easement be established over the southernmost five feet of the 30-foot wide landscaped buffer area, said easement being established over the Town-owned parcel (Assessor Parcel 58-151-27) benefiting the adjacent Chandlers Gate project (Assessor Parcel 58-151-35). NOW, THEREFORE, BE IT RESOL VED that the Town Council of the Town of Tiburon Town ofTiburon hereby grants a five (5) foot wide easement for drainage purposes over that portion of property described in the attached Exhibit I being the grant deed. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on August 16,2000 by the following vote: AYES. NOES ABSENT COUNCILMEMBERS COUNC1LMEMBERS: COUNCILMEMBERS: THOMAS GRAM, MAYOR TOWN OF TIBURON ATTEST DIANE L CRANE, TOWN CLERK in~dslea~ment grant.res.doc Tibllrotl Town COIIl/cil ResolUTion No. EXHIBIT NO.L 8/16/2000 lJ~~- \L~J.ll'~ )'.,'~_:: E-XH~8lT \ APN: 58-151-27 GRANT DEED The Town of Tiburon, a municipal corporation ("Grantor"), hereby grants to Ned's Way Garden Homes, LLC an easement for drainage purposes over that portion of real property situated in the Town of Tiburon, Marin County, California, which is more particularly described in Exhibits "A" and "8" attached hereto and incorporated herein. IN WITNESS WHEREOF, the Grantor has subscribed its name this_ day of August, 2000. THOMAS GRAM, MAYOR Town ofTiburon FILE No.447 08A)8 '00 16:03 ID:T1Al-NXAL FAX: 14154.928462 PXE 3 EXHIBIT A DRAINAGE EASEMENT All that certain real property situated in the Town of Tiburon, State of California, being an easement for drainage and related purposes over the lands of the Town of Tiburon as described in the deed recorded in Book 2994 of Official Records at Page 580, Marin County Records, being further described as follows: BEGINNING at a point on the southerly boundary line of said lands, said point also being the Northwesterly corner of Lot 1 of Parcel Map - Lands of the Town of T,buron" filed in Book 26 of Parcel Maps at Page 43, Marin County Records; Thence North 44010'20" East, 6.26 feet 10 a point on the easterly right of way line of Ned's Way as shown on said Parcel Map; Thence Easterly, parallel to and 5.00 feet perpendicular from the Northerly line of said Lot 1 South 82048'00" East, 175.32 feet; Thence, continuing along said parallel line, North 76029'08" East, 39.99 feet; Thence, North 47054'00" East, 39.69 feet; Thence, leaving said parallel line, North 76029'08" East 10.45 feet to a point on the northerly line of said Lot 1; Thence Westerly, along said northerly line, the following courses and distances: Sooth 47054'00" West, SO. 14 feet, South 76029'08" West, 42 18 feet, North 82048'00' West, 18000 feet to the POINT OF BEGINNING. Prepared by: 1L. Schwartz ASSociates, Inc. G876edIf.doc 08/01100 I' j LE No. 447 08/08 ' 00 16: 04 LD : TI.-.H\lXAL FAX: 14154928462 PA;E 4 . LL !lCH\VAlaZ AS9OCJA111S, lNC. <>> Civil Engineering ole Lond Surveying 79 GolIl Drive NOVA TO, CA 94949 (415) 13133-9200 FAX 13133-2763 JOB CHANDLERS GATE - DRAINAGE EASEMENT JOB NO. 6876 SHEET NO.1 Of' 1 DE9CN BY JRH DATi 08/01/00 CHECKED BY ILS DATE 08/01/00 SCALE 1" :: 40. ~ " ,. ,. N 76'2</'08' E~ 10.45' ~?,;., -1---'J7 ~.s".., '>0 ~ ..-:= CL ~ s> 'Jr, 0 ~?~ ~ TltJ(JRON REJ::lEVEt.OPI1ENT l16l3vCr ~4 z ~-O/~70 ~'Vl..-. ~~ ~~>:;;:;l~ ~ As:. ~A ~~ -~, Chandlers Gate site .' o. m tA "" . i:=:i '.. .' ~a ~ '. ~f3~ ..... P- 5' ORAINA6E EA~EMENT g ~ ~I~ ~~~ ~r-:!SJ ~tA~ ~~~ ~r EXHIBIT B Tc:HV ~ naRON 2994 OR 580 Town-owned parcel . . . ':. :. " . , . '. ' ...... : :.: ......... . ~ tc::'~ <S> .. 7'~ .. '. . : .' ":" .:. ~~ ~ N 44'/0'20" E./ .\ 626' , ,. " ,. ,. , TOWN OF TIBURON STAFF REpORT ITEMNO.~ To: From: Subject: Date: TOWN COUNCIL TOWN CLERK APPOINTMENTS TO TOWN BOARDS, COMMISSIONS & COMMITTEES August 16, 2000 BACKGROUND L Design Review Board A vacancy was created on the Board due to Chair Wayne Snow's recent appointment to the Planning Commission. The Town Council interviewed five (5) applicants (including Mr. Snow) on July 19, 2000 for the Planning Commission vacancy. The applications and letters of interest of these candidates are attached, and Council may wish to consider appointing one of these applicants to the Design Review Board. No other applications were received by the deadline, August 4,2000. II. Parks & Oven Space Commission A vacancy was created on this Commission due to the resignation of Commissioner Tom Allen. No applications were received by the August 11, 2000 deadline. RECOMMENDATION I) That Council make an appointment to the Design Review Board at its August 16, 2000 regular meeting, or direct the Town Clerk to agendize future interviews. D. Crane Iacopi Town Clerk EXHIBITS --Applications & Resumes of recent Applicants to the Town Planning Commission t cD\ NAME: Mlc..t-\AE L '? FI cu I MAILING ADDRESS: 7.\"?1 V/~-rA-Z:-O EAS~ 'Ii1 ..i'RCN q '92..c TELEPHONE:Home:435-'1~4 Work:""l'J;-ICoo~ Fax o. c:'9~-I/c.,O . PROPERTY OWNERS' ASSOC. (Ifapplicab1e) LYl=""o1<:t7SCoVG -6Lt:>--rcy.,(~ TIBURON RESIDENT: (Years) '2.'1> DA TE SUBMITTED:~ a 1<1+9- 1"lc.,S {, \9Cj""-2.o~o I 1.) '1NIG.l:<:cS-rE.:D IN SC:=-RVIN ~ CCVV\ (V\u I~ I'y' W €-i' Co H T'V<2. EN Ie yE.:D <::;tNC'tC.. CHI L.D Hoo"C> "2) ~TS MY. GVuc.6.,TJ""'t-.US"L. AN>-=' ?no~J:,t7/0NAL ~lc.Gjn.ou..p :;;')/N-n=:.RE<;I<S:D IN D)RE'c:.,T1D~ A~C:> ---r'Y'?e.. C)F FUTURe:. Q'Z..0vwiH. AS WI2..LL .-1.'7. Vr01...JAL 1M rAC-\ of DGVG.t..- of"n E.,....;;T . "'f)"I;.GLu;:vE. r CAN 1SE. D-g.)E;cTivE::...AND~r-<::: rN MY 1-\-7'S>C='7S- /YiE, N.... O'F Pn..o \ cc.!'7; &S)..\..\ Y S.,. 1-/ yE.o<. l<::n-f E5 I'? ?l1.o::)€ (:.\ ~<;. ""1'i-+ E. R'EPEvE'LO MtI'..riDFIHl;. 'N.W. I~AIN AI Tl~uR.oN . ... '~'* . 1)"PRoje:..."'--MANA8F:R s-tRucn,)R~L. ~NGIN};f::RJN'4' ~M I ~ARTNE..R J C:Jl<.A?~I\C. DESJC-:>l---l F7'R^^-. 3) !Y\S"<\ ~<C.."R : -gbA~D of 'I::.'1RE.C.--reR'? . SEA "DRIFT, <ST, N7C:>N ~c..H 4) ARc.I-\I~LTuKAL- (ONSWL'....."'-r: McGJ.')..lS.w-I~,t..L., ?\.)lSlISJ..llN.~ do . c;.) NA,VA L- c:::>'FFIc..E.:;;C:: ~ GI-<\ Lo EE. RcJ.-fI~ c..-n--1R~L. ~ 7 'BAcHELo::> e::.F A1<:CH JTr-c..TuR- Ll tbRN 1.6., ----------------------------------------------1r01N1l lIaJl IJse ------------------------------------------------- D t A 1 0. R d / , / d"O Intervt'ew Date'. 1- /7-tJi) _ a e pp ica on eceive: I,p - ,;-.,. - _ Appointed to: (Commission, Board or Committee) (Date) _ Date Term Expires: Length of Term: jm 12/95 2 c.( '. R~CEIVED JUN 2 6 2000 COMMISSION. BOARD & COMMITTEE . TOWN MANAGERS OFFICE TeWN SF TIB~~gN 1505 TIBURON BOULEVARD. TIBURQN . CALIFORNIA 94920 . (415) 435-7373 FAX (415) 435-2438 F TOWN OF TIBURON APPLICA TION The Town Council considers appointments to its various Town commissions, boards and committee throughout the year due to term expirations and unforeseen vacancies. In it! effort to broaden participation by !oc~d residents in TiburlJn'g loc:!! 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. /(fA Robert L. Kleinert Town Manager * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Indicate Your Area(.) of Intere.t in Numerical Order (#1 Being the Greate.t Intere.t) x x. PLANNING PARKS & OPEN SPACE DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS BUDGET & FINANCE LIBRARY RECYCLING & WASTE MANAGEMENT DOWNTOWN REVIT ALIZA TION TASK FORCE 1 \..- ~ RECEIVED JUl - 5 2000 Wilma Marks 747 Tlburon Blvd. Home - 435-3618 Work 389-5023 Fax 435-0932 Tiburon Resident - 25 years Date Submitted .July 3, 2000 TOWN MANAGERS OFFICE TOWN QFTlliURQN I wish to be on the planning committee because I have a profound Interest In the future of my community. I hope that my children and grandchildren, who also live In Tlburon, will have the chance to enjoy the beauty and serene life that I have had these past years. One of my greatest pleasurelS Is walking the hills and stairs of Belvedere Island and seeing the gardens and lovely old homes that make this area so special. I believe I am qualified to be on the planning commission because of my appreciation and love of gardens and gardening. My husband and I have a business In Mill Valley and are therefore very active In the community. I have been a teacher In the past and care about children. foot TOWN OF TIBURON ., iifi. / ~oz 1505 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920. (415) 435.7373 FAX (415) 435-2438 " "'...\ ,.- ~~ July 6, 2000 Wilma Marks 747 Tiburon Boulevard Tiburon, CA 94920 SUBJECT: TmURON PLANNING COMMISSION Dear Mrs. Marks: This will acknowledge receipt of your letter of interest in serving on the Tiburon Planning Commission. Although the application period for the current vacancy on the Commission just ended, we would like to extend an opportunity to you to interview for this position or one on another Commission. Please let me know if you are available for a brief, informal interview with the Town Council at their next regular meeting on July 19, 2000. These interviews normally last about 10 minutes and are conducted in the Conference Room at the rear of the Council Chambers here at Town Hall. You can call me anytime at (415) 435-7377 to let me know if you are available. Thank you for your interest in serving the Tiburon community. It is people like you that make our Town a special place to live. Very truly yours, cc: Town Council Town Manager Planning Director NAME: ~ vc.. / A f'V a L c-rL MAILING ADDRESS: 1../0 tZh 1+, ~ ~ C I IL eve TELEPHONE: Home: 'Iar-h'''I Work: Fax No. PROPERTY OWNERS' ASSOC. (lfapp6cable) M(}r',J7~/l.O,S',<J /-'lor 71~vl/.....o""" TmURON RESIDENT: (Years) C, DATE SUBMITTED: (" J~/o" , '.::r7'//ZA> TU h""""'T",",'" /7.1-<: jf..161d <3!V",",-/7Y L-I VI"'!- G-rvVI/l-OIoI- hlf">.rr C!)r- 7JnJ' CC,.....,,....,v'-',...y Ivl....., 0-1; Z /h.-v-~ ~jC"'"", N,,- 1'-7 'f t2. '" -, 1 ~ r-. <J--...r7 Y ~./' . f. 6~,....,.v,.,....,.:: s..1f;/~<~. G,.,C.'_C~ 7"&-<:-_,~ h........~ ;/"h-I> -;:z..~-, h~~ (!);c= I-7A7~4 /--.0 v ~''''''~/~ R-r:..JIo../""Y. 1../ r Yc~ '^' 1"7'" /')....",...., ~ ~P~'"', /2../' ''';"~ TO 1/1 c~ ?rz-c-:f, "V-V? 2. 7 y~ Or- ./l--....,v, c-.. /!7 a V"'Ci~"""""""'" - C/-rv Or: Ur-) V-G-?l-.r,-r "'1 C/7''y 1'-1/ .I".I'u .....(,.1 A- Nu IV- '?"1-7l-T'f""""'" aJ~ C(' . 0'-' y,-,~ (!J~ J"~:""I vcr {"O"'" ?r-~_/l'o.J" ?1o",.....,,.........,..rJ~r:1........ OJC J"~~ C,......,~ vJ.o.J,--r-! C-n-tLt:-L~"" reo-:1l.!)t=-,-?"'r1"'\-/~ I C/~..,..~ ~ y.,..,...-....r tOr- .I'm. v, <-t' As 13"'h"7>-2> !'-7""-"-'h""" ",....." "'u-c.IL<.~........~..j-IZ.6-7t7" _-5e.'::;" 11 "'....,::~Town Hall Use ~c;. V>V':.J::!:;;::!. cl::t:.t..'::..!:.!.t!:2I' Z. / 3. '-/. _ Date Application Received: (; ~ c1J7~ (/[) Interview Date: 7- /'1-ov _ Appointed to: (Commission, Board or Committee) (Date) _ Date Term Expires: Length of Term: jm 12/95 2 {Co! .:. ,.0,.: ~ '!'.,:., TOWN OF TIBURON 1.505 TlBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 435.7373 FAX (415) 435-2438 July 6, 2000 Paul Tandler 40 Red Hill Circle Tiburon, CA 94920 SUBJECT: TOWN COUNCIL INTERVIEW - PLANNING COMMISSION Dear Mr. Tandler: This will acknowledge receipt of your application to serve the Town's Planning Commission. I am pleased to confirm our telephone conversation that your interview with the Tiburon Town Council will take place on Wednesday. Ju1v 19.2000 at 7:00 n.m. The Council conducts interviews in the Town Hall Conference Room, directly in back of the Council Chambers at 1505 Tiburon Boulevard. These informal interviews last approximately 10 minutes. Please contact me at 435-7377 iffor some reason you are unable to attend. Thank you again for your interest in serving the Tiburon community. Diane Crane Iacopi Town Clerk cc: Town Manager Planning Director '07/071280[; 15: 15 4154352438 TOWN OF TIBURON PAGE 83 jbD1 , .; ',,' ~".,,.:^:;;;^.:f.W. '" . ~ "'11.-", ~ ^,:- " ',' V'),"'$".'1o: " , ,,' ,," ~ ,,',~:'t;.. , ~x '., , ,'0....~v\' '^':~;, ~;,~~~'!ll ;;.. V"~ < ^ /~ , ,v >",~'C:'" (~w'i'i~&fwJ,~_v iQ NAME: I!-/CH,tt,L/J B. CoLL/;"'s: MAILING ADDRESS: t,~c> 7/BV.4>,A/ &~t'G"P"".R-1.. -!-1$t.J,e,D.A..jc.-(-- 99?-2= TELEPHONE: Ho.e: 781 J"ZoS'Work: 7K'? 52&>5 Fax No. 7~ ~.z..c,b PROPERTY OWNERS' ASSOC. (lf~,IIea~") #/4 TIBURON RESIDENT: (Y....) ;$ ~:L. DA TE SUBMITTED: 7// ,D/2.C>OO . " ,.... v'j,;,~.. '. " j;...."'.j;I.i..."..""""""~;;!!'~. ". r "'" ....""",,"'" ....."'^.'^^'^<Vt"'^'N"'~) ~', ~ - ,. ^," ~VY' v, <-'<;;7"" 't^.."",,~., ~ ' , ' ':,^ ~> ':vS" -:: ;' ~1:,;::,~' v ~ ~ ~~ "~cr'r:' v y!' ~ 'Z , . " " ,,~" "" ^""', ,,'to> f\-nll,t:x{*'I' ',. ~ '" ~''',' "y ,",~""", " ,V~^;f~"...:.. ~~' ,", , . ~'" y" uj; ", " ",n'..('I'~'" I: ,v,..">':',, v'...ht';r~~>I'>:'-::~,s.''fo:<. p1/e"fJL .see.. /lr/Rc/I~ 5';~eAJr ,. RECeiveD JUl--+- 0 2000 TOWN MANAGERS OFFICE TOIII' Or TIBURQN ., '.0',";' "',,.,~,.. "gl' , . - '" ,v.vA~'x~f::t",MJAy;v. ~Jti~~ .~ , ~ ", ~;.j; ct J :;: 'l", ' , --: \:" \:: ;Wv\:; .~i,'^^ -" t' v :~~"2~",'....I':t,~&:~j'" ,,~, , , ",j" r '" t "'h~:\:",r~ ,~ :'I . " -~'.. ~~~...~..:..:t::'l.~:-V~ }l1e""J~ See /f#Ae~ 5~~4;rA.i;r I 1rOli1l lIaJ1 lJ,e ---------------------------_____.________________ t- 10- ~() Interview Date: ::;--/7- 00 _ Date A,pUcatlOD ~.ed: _ Appelnted to: (Commission, Board or Committee) (Date) _ Date Term Expires: Length or Tenn: jm 12/95 2 REASONS FOR SELECTING THE PlANNING COMMISSION AS AN AREA OF INTEREST: My interest in serving on the Town of Tiburon's Planning Commission arises from my high regard for this community and from my special interest and experience in real estate. My wife Patricia and I moved here 3-1/2 years ago from the Palos Verdes peninsula in southern California where we had lived for ahnost 40 years. We had always had a very special feeling about the Town of Tiburon. We have been pleased to have found that the quality of life here and character of this community have far in away exceeded our expectations. In short, we now live here, we enjoy a wonderful life style here, we enjoy the beauty of our surroundings, we are the beneficiaries of the work that others have done to have made the Town of Tiburon what it is today. I would therefore like to make a contribution to this community to the extent that I can. I am also no longer actively engaged in my profession, and I am able to devote time to serving this community by endeavoring to contribute to its general welfare. My interest in serving on the Planning Commission is also related to my specific interest and involvement in the real estate industry. I have been an attorney for the past 37 years, specializing in commercial real estate development and other real estate matters for the last 32 years. I have also owned and/or developed residential, commercial and office properties during that time. APPLICABLE QUALIFICATIONS AND EXPERIENCE: I have been a real estate attorney for the past 32 years. Attached is my resume which outlines my activities and engagement in the real estate industry. I have been, and continue to be, an owner, developer, redeveloper and manager of commercial, office and residential properties. Please see my resume for an outline of these activities and interests. In my capacity as an attorney, applicant and homeowner's association president, I have also had the opportunity to appear on many occasions before Planning Commissions, City Councils and other governmental agencies in various cities and counties in California. I have served as President of the Lunada Point Homeowner's Association. I served for 10 years as the attorney for the Redondo Beach Redevelopment Agency. TOWN OF TIBURON STAFF REpORT ITEM NO. ~ Date: TOWN COUNCIL EM! THERIAULT, ASSOCIATE PLANNER 1 NOTICE OF CONTINUANCE 223 DIVISO STREET; FILE #700008; ASSESSOR'S PARCEL No. 059-131-07 APPEAL OF DESIGN REVIEW BOARD DECISION TO DENY A SITE PLAN AND ARCHITECTURAL REVIEW FOR LEGALIZA nON OF AS-BUILT FENCING LOCATED PRIMARILY IN THE TOWN RIGHT-OF-WAY AND IN PART ON THE SUBJECT PROPERTY AUGUST/I, 2000 To: From: Subject: Staff recommends that this item be continued for the following reason(s): ---X.. No story poles have been erected/no certification received Requested infonnation has not been received Item not properly advertised The Town of Tiburon is recommending a continuance to: SeDtember 20, 2000. Other: The applicant is requesting a second 30-day continuance to allow them more time to obtain a survey of the as-built fence. ---X.. ---X.. The application will be continued to the September 20, 2000 Town Council meeting. TIBURON TOWN COUNCIL STAFF REPORT August 16,2000 TOWN COUNCIL RICHARD STRANZL, FINANCE DIRECTOR A VENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING (Request of Del Mar Valley POA for Town Water Meter Reactivation, Water Allocation) ITEM: 7 MEETING: TO: FROM: SUBJECT: BACKGROUND: This item is for approval of a cooperative TownlPOA plan to reinstate Town water meters and reallocate water from existing Town allocations to the landscaped median strips located along Avenida Miraflores near Del Mar School. DISCUSSION: The property owners have proposed a cooperative arrangement wherein the Town and POA would share costs and maintenance responsibilities for these median areas. The POA has proposed to maintain the landscaping if the Town reactivates and pays for ongoing water usage. This item has previously been discussed at the regular Town Council meetings of June 7, 2000 and July 19,2000. At the June 7th meeting Staff recommended review and study of the Town's MMWD water allocations. At the July 19th meeting Staff discussed a recommended option to work with the School District to implement the project. This item was continued pending resolution of issues concerning reliable water delivery to the medians. On July 28th Staff met with the President of the Del Mar Valley POA to discuss the project. The POA indicated their preference that the Town be the lead and primary agent in the project. The POA expressed concerns that arrangements with the School District offered no long-term assurances that water would be available, and finally, that they preferred to pursue an agreement with the Town to provide water to the medians. Toward that end Staff has consulted with MMWD concerning the Avenida Miraflores medians and the Town's discontinued/inactive water meters, MMWD has indicated the following: (1) The Town may reinstate 3 existing meters at a cost of approximately $150 per meter. (2) Because landscaping exists, the Town will not be required to submit a certified landscape plan for MMWD approval. This results in cost savings of $5,000 to $7,000. (3) The Town is required to install back flow devices at each meter, at a cost of $400 to $600 per device. AvenidaMirajlores Media1l3' Water Town Council Meeting of August /6, 2000 J Public Works Staff estimates the cost to install a drip irrigation system at approximately $4,900 (this is the cost to the Public Works Department, if an outside contractor is utilized the cost is 2 to 3 times greater.) Administration Staff estimates ongoing water usage costs at $300 to $400 per year. RECOMMENDATION: With respect to the Avenida Miraflores Median areas, that Town Council approve of the plan to: o Reinstate 3 Town water meters o Reallocate 0.333 AF from existing Town water provisions to the reinstated meters o Install a drip irrigation system to serve each median With the understanding that the Town will defray ongoing water costs, and the POA will maintain annual planting, pruning, and gardening needs. The POA has indicated that it will contribute $2,000 toward construction and installation of the drip irrigation system. Total estimated project costs are $7,000. ATIACHMENTS: I. Memorandum, Supt. Public Works to Town Manager, dated August 4,2000 2. Memorandum, Finance Director to Town Council, dated July 28, 2000 RS~ Avenida Miraflores Medians' Waler Town Council Meeting of August 16,2000 2 ~. COpy TOWN OF TIBURON MEMORANDUM . of- T1f10 ",. >~.., ~ 1<.';)0.0::; S _, ~c .~:"'~" : (' lj ,,,>' 7(/ ~ < G.. ~ '<OF~/I;Ir' \rlo . To: From: Subject: TOWN MANAGER SUPERINTENDENT OF PUBLIC WORKS A VENIDA MIRAFLORES MEDIAN STRIP LANDSCAPING- IRRIGATION SYSTEM August 4, 2000 Date: Per your request, I have asked the Asst. Superintendent of Public Works to prepare an estimate to install a drip irrigation system for the median strips on Avenida Miraflores. The costs (materials and labor) are stated below: L Reduced Pressure Backflow Units (3) FEBCO 825YA I-inch Installation $563.43 $396.00 ll. Irril!:ation Mainline & Valves 400 feet SCH 40 I-inch Trenching and Installation Sawcut, trench & install at Crossing By Del Mar School entry (5) Weathermatic I-inch auto valves (5) 30 GPM Pressure red. (5) I-inch inline filters (5) Valve boxes (5) Unik 1 sta. Control modules (5) 12VDC locking solenoids Installation $240.00 $528.00 $812.00 $198.95 $120.00 $145.00 $ 85.00 $541.45 $102.00 $330.00 Ill. DriDline and Emitters 1000 feet - v." PE Tubing Drip irrigation fittings, emitters & lazer tubing Installation $170.00 $275.00 $390.00 TOTAL $4.896.40 .. - ( :\ , ~'? ~';!I!l.~ :~~'" .,' -:;~ , 'l ~"d~ Parts = 52,440.40 Labor = 52,336.00 Rental Equipment = 5 120.00 r-/~I~' JY :ii Tony Iacopi . Superintendent, Public Works TEI/dci /.- cc: Minance Director DATE: TO: FROM: SUBJECT: July 28, 2000 TOWN COUNCIL MEMBERS RICHARD STRANZL, FINANCE DIRECTOR A VENIDA MIRAFLORES MEDIANS - UPDATE "~O' T'O~~'" ~ ,0 c ,~~ 1. -: .)I!..;": <~ 7 t._f ~ " ,. . ?;~"'O~;'/.I'" \~<... TOWN OF TIBURON MEMORANDUM UPDATE: Since the Town Council meeting ofJuly 19th, Staff met with Joan and Jim Wilson of the Del Mar Valley Property Owners Association (DMVPOA) to discuss the 2 options most recently presented to Council: (1) The Town reallocates water from existing allotments to the medians, and reinstates meters (2) The Town enters into a cooperative arrangement with Reed School Union District to tie into the medians by using their water service allocation and existing bacldlow device Joan indicated that the DMVPOA is concerned that, with respect to Option (2), there is less certainty, and it is entirely possible that the School District could rescind its water allocation to the medians leaving the DMVPOA where it is today - in a position to again ask the Town for water. The DMVPOA therefore prefers Option (1), to work directly with the Town to reinstate Town water meters and solidifY an arrangement to provide water to the medians. Toward that end Staffhas contacted MMWD to discuss reinstating existing water meters, backflow device requirements, median landscape requirements, and other related issues. Staff hopes to resolve the important questions concerning this project in advance of the regularly planned August 16,2000 Town Council meeting. -0(/ (0) (Q) ~ ~ R. Stranz1 cc: Town Manager, Superintendent Public Works Joan Wilson, DMVPOA ~.f.~ ~~ ~.(..)~ 2-- Oar'f ~ AJ ? veL. TOWN OF TIBURON STAFF REPORT ITEM NO. ? To: TOWN COUNCIL From: SCOTT ANDERSON, PLANNING DlRECTOR~ Subject: DOG WASTE DISPOSAL SYSTEM IN PUBLIC PARKS: ADOPT PROGRAM AND BUDGET FOR FY 2000-01 Date: AUGUST 11,2000 BACKGROUND For several months, the Town has been considering options for improved collection and disposal of dog waste in the public parks, including the Richardson Bay Lineal Park multi-use path. A brief history of the debate is as follows: . Two disposal systems (Mutt Mitt and Dispoz-a-Scoop) were reviewed by the Parks and Open Space Commission at meetings on November 9, 1999 and February 8, 2000. The Commission voted to recommend the Dispoz-a-Scoop system at that time. (Refer to Exhibits 1 and 2). The recommendation and purchase request were referred to the Town Council for its review . At its regularly scheduled meetings on February 2, 2000 and July 5, 2000, the Council reviewed the two systems and discussed the initial and ongoing costs associated with the two systems (refer to Exhibits 3 and 4). The Council remanded the item to Staff for a cost analysis of the two systems and for a better estimate of the cost of Mill Valley Refuse collection of the waste cans in the Town's parks. . Additional research on various dog waste collection systems is obtained and a new (much lower) estimate of Mill Valley Refuse collection changes (Exhibit 5) is received. The Town Manager directs that the item be referred to Parks & Open Space for recommendations, then on to the Town Council. The major attributes of a dog waste collection system are: sanitary conditions for those collecting the waste; effectiveness of use; cost; and aesthetics. TIBURON TOWN cot rNell, ST.'\FF REPORT Augu~t 16, 2000 1 PARKS AND OPEN SPACE COMMISSION REVIEW The Parks and Open Space Commission reviewed the revised cost analysis and the two disposal systems at its August 8, 2000 meeting. The Staff Report for that meeting is attached as Exhibit 6. Upon further review, the Commission concluded that both proposed systems previously considered (Mutt Mitt and Dispoz-a-Scoop) have serious flaws that cannot easily be overcome. · The Mutt Mitt fails because it is not easy to tie, leading to leakage problems and unsanitary conditions for the collectors (currently Public Works personnel). · The Dispoz-a-Scoop fails because it is difficult to use properly, is very expensive, and does not work for large fecal deposits. Instead, the Commission recommended that plastic bags be purchased from the companies that supply newspaper distributors These plastic bags cost 2-3 cents each and come on cardboard dispensers that could be attached to wooden posts. The bags are long enough (at least 2 I") to easily tie after pick-up The Commission unanimously recommended that the Town proceed on a trial basis with three or four such simple installations and a limited number of plastic bags. Small signs attached to the posts would ask people to pick up after their dogs and tie the bags closed. The Commission also learned that the City of Belvedere's four Mutt Mitt dispensers require about 26,000 bags per year, or an average of about 6,500 bags per dispenser. ANALYSIS Planning Department Staff has discussed the latest information and POSC recommendation with the Public Works Superintendent. The main issue for the Superintendent is that sanitary collection of the wastes be achieved The simple system recommended by the Parks & Open Space Commission, if successful from a sanitary collection standpoint, would be acceptable. However, if dog walkers fail to properly tie even the longer newspaper bags, the health issue will not be resolved. In that event, the Town has the option of contracting the garbage pick-up service to Mill Valley Refuse, which has provided a written annual cost estimate of$23,704 for the service An earlier (oral) ballpark estimate from Mill Valley Refuse was $70,000 per year. TIBURON TOWN COUNCIL ST-\FF REPORT August 16,2000 2 RECOMMENDA TION . Staff recommends that the Town Council authorize a trial operation period of one year for a limited number of dispensers (4 to 5) as recommended by the Parks & Open Space Commission. . The Town Council should authorize a transfer not to exceed $2,500 from the Park Development Reserve Fund to the operating budget to cover the costs of the trial installation. EXHmITS 1. POSC minutes of November 9, 1999. 2. POSC minutes of February 8, 2000. 3. Town Council minutes of February 2,2000. 4. Town Council minutes ofJuly 5, 2000. 5. Letter from Mill Valley Refuse Service dated March 31, 2000. 6. pose Staff Report dated August 3, 2000. TIBURON TOWN COUNCIL STAFF REPORT August 16. 2000 3 EXBIBITNO. CALL TO ORDER Chair Canter called the regular meeting of the Parks & Open Space Commission to order at 7:39 P.M., Tuesday, November 9, 1999, in the Town Hall Community Room, 1505 Tiburon Boulevard., Tiburon, California. A. ROLL CALL PRESENT COMMISSIONERS Canter, Allen, Burgin, Eth, Fredericks, Sullivan, and (at 8: 15 pm.) Zender. EX-OFFICIO Associate Planner Theriault, Public Works Superintendent Iacopi. B. PUBLIC OUESTIONS AND COMMENTS There were none. C. STAFF AND COMMISSION BRIEFING There were none D. CONSENT CALENDAR 1. Minutes of October 12, 1999 (No. 171) MIS (Canter/Fredericks) to approve as corrected (6-0). Corrections: page I Chair Canter; page 4 add as second sentence: The ordinance would establish a streamlfned processing procedure for the flood plain improvements. E. BUSINESS ITEMS ~ 2. Dog Litter Problem in Public Parks (Public Works) The problem of dog litter on the Multi-Use Path and in public parks was discussed at the October 12 meeting. It was agreed that the current sign/plastic bag system was ineffective and unattractive, and staff was asked to research a better solution. Tibu.ron Parks & Open Space Commission 1 MinutesNo. I72-November 9.1999 APPROVED MINUTES EXHIBIT No.L p. f .of ~ -- ...~~~ Public Works Superintendent Iacopi was present and showed samples of two systems. He explained his preference for the "Dispoz-A-Scoop" from Petpro. That system has 100 scoops per box, while the other has 800 per box. With the current maintenance schedule of three times a week, he felt it was completely adequate and more cost effective to have the smaller number. He commented that this type was used by a majority of the parks in Marin County. He was especially interested in the fact that these scoops close, creating more sanitary conditions for maintenance workers than the current system or the other brand. It is also a fast, clean, and easy method for the dog-owners. Mr. Iacopi stated that 52 dispensers would be needed for the parks, Multi-Use Path, and parking lots There are currently 40 locations, which would be replaced with the new system and others added to make it as convenient as possible. He noted that the ones by the Marsh had been removed to discourage dog-walking in that area. Commissioner Sullivan stated that this would be cost effective even if the Town pays for the system, because it should reduce the cost of keeping the parks clean. He thought some realtors may be willing to sponsor these. Commissioner Allen stated that this started with complaints from the homeowner's associations. Perhaps they would sponsor as well. Superintendent Iacopi stated that financially this system would be less expensive than the plastic bags currently being used and in addition, they are waterproof and can be sealed If this cost was in the budget, sponsorships would not be needed. The consensus was for the Town to budget this cost. Commissioner Sullivan asked if there would be a problem with people taking the bags and using elsewhere. Mr. lacopi thought that could not be controlled, but they had had very few problems of that nature with removal of toiletry products from the new bathrooms. Mr. Sullivan wondered whether the bags could be purchased in bulk. Mr. lacopi said that would present a storage problem It was thought perhaps the Town could go in with another town to get a bulk price. The consensus was that the Dispoz-A-Scoop system would be cost effective, sanitary, and much more attractive than that currently in use, and would encourage owners to pick up after their dogs. MIS CanterlEth (6-0) to recommend to the Town Council that the Town fund the installation and maintenance of the Dispoz-A-Scoop system. - 3. Wildlife Protection/Railroad Marsh Park Chair Canter summarized the letter received from Ms. Hampton concerning the clearing of vegetation in the Marsh, and invited Superintendent Iacopi to describe the process to the Commission. Superintendent Iacopi stated that every four years the Town has enough money to maintain part of the Marsh. They take pictures to determine where to window. This is not determined by resident's or Town Hall's views, but is between the Flood Control District and the Tiburon Public Works Tiburon Parb & Open Space Commission 2 Minutes No. J 72 -November 9, 1999 EXHIBIT NO.~ t. J. .of J;: .........----- - ....::...~~ ,...=......<.'''''''"......'''~~__.~.M:'~ ~~~,~'-.-.."'"~."....;.~-,-~---......,'"....,,.,.,,..-,."~...,---.-.. '.-~ -." -"""'''''''''''''''''-'' Commissioner Sullivan stated that after reading the item and the minutes, he would have sided with Commissioners Em and Burgin, as he did not like to sign something without more information. But after reading more on this issue in the papers, he now would endorse. Others agreed that as they learned more about this, they felt that it would be a good measure, but they felt that the resolution from the Town Council would be sufficient. ") 3. Dog Waste Control Receptacle Installations Associate Planner Theriault stated that she had informed the Commission that the Town Manager had approved the purchase of the waste-scoopers. However, he had changed his mind, as it was more expensive that he thought and so had referred it to the Town Council to review in the budget process. She noted the press coverage that had been received on the item since the Town Council meeting. There were concerns about the type that had been decided upon and whether a thorough cost analysis had been done. The Council will include in the Budget discussions in Mayor June Staffwill provide a thorough cost analysis at that time. She said it was thought the bags selected were too small for large dogs Commissioner Sullivan commented on the $3,200 noted in one of the newspaper articles. Mrs Theriault stated that the POSC talked about the per unit cost and 52 units at $90 is more than $3,200 Members of the public felt that the Parks & Open Space Commission didn't understand the costs involved However, Alice Fredericks submitted a letter to the Town Council stating that she personally understood the costs Mrs. Theriault noted that the other Commissioners may want to submit their comments concerning the financial costs. She indicated to the public that the POSC was aware of the costs and that they felt the costs were low enough to not need cost analysis for the other product Chair Canter stated that she felt they still were on the right track as Public Works was having a sanitation problem She thought possibly 52 posts might be excessive and that perhaps 10 posts along the bike path would suffice ,Commissioner Sullivan stated that he felt it was cost effective in view of the problems with the current system with the bags blowing around in the wind and the extra manpower needed to maintain Commissioner Burgin wondered whether the Town Council was aware of the other factors considered besides cost. She stated that the Public Works presentation convinced her there were other concerns than price Mrs. Theriault stated that Public Works had made a presentation to the Council as well. ~ 4. Park Facilities Map and Information A map showing the location of all the Tiburon Peninsula parks and descriptive information about each of them were included in the packets. It was noted that the Cypress Hollow Park needs a description Tiburon Parks & Open Space Commission 2 Minutes No. 174 -February 8,2000 EXHIBIT No.L EXHIBIT NO. process during the project in order to assist the downtown merchants. Anderson said the ad hoc review process would discontinue as soon as the project was completed. Councilmember Bach said there were two issues: 1) additional street signage and 2) additional signs in store windows. He said the Town had put up signs and that the Chamber of Commerce was planning to erect a sign describing the project. Town Engineer Schwartz added that the Contractor, Maggiora & Ghilotti, was also planning to erect a sign with the dates of the project and their office telephone number. Councilmember Thompson said is was a great idea to provide street signage but that some store owners on Main Street had a history of making the street look "trashy" with window signage. Vice Mayor said the sense of the Council was not to allow more storefront signage, but Councilmember Bach said he thought the Town should help the merchants as much as it could during the project. Town Attorney Danforth asked how long the sign permit process normally took. Planning Director Anderson said the Town could waive the design review portion of the process but keep a log of "over the counter" approvals. During public hearing, Mrs. Trieber said she and her husband had experienced a 75% drop in sales and would have to close their store unless they could put up red sales signs. Councilmember Matthews asked Council what the downside would be of granting such a request for 90 days. Councilmember Bach said the reluctance was due to past abuses of the Town's sign permit process but said he thought it would be all right to allow the current request as long as the period had a sunset and there were penalties attached. Councilmember Hennessy concurred. Councilmember Thompson asked Staff to "keep it tasteful." Mayor Gram asked Mrs. Trieber asked if the Town could count on them to remove the signs at the end of the period. She said it would not be a problem. Town Attorney Danforth suggested that Staff include an acknowledgment on the form that any signs left up would result in a specific fine. Council concurred. 15) DOG WASTE DISPENSERS FOR TffiURON PARKS & MULTI-USE PATH - (Status Report) Planning Director Anderson said the Parks & Open Space Commission and Superintendent of Public Works had recommended an initial $6,000 outlay to install 52 "Dizpoz-a- Scoop" Town counci/Minutes #1183 ~~ Page 4 EXHIBIT NO. p.( .-F J.. 3 dispensers with bags in the Town's parks and along the multi-use path. He said the matter would come before Council during the budget review process. Mayor Gram asked whether the Town could adopt a dog-licensing requirement, which could help defray the cost of installing and maintaining these dispensers. Town Attorney Danforth said she could research the question. During public hearing, Maureen Meikle, 45 Harbor Oak Drive, said she had received a grant from the County Open Space District to study the problem of dog waste along the fire road in St. Hilary's Open Space Preserve. She said she had looked in detail at the cost of installing the "Dizpoz-a-Scoop" and said there were discrepancies in the Town's cost estimates. She said she preferred the alternate bag considered by the POSe. Mayor Gram agreed with Ms. Meikle that the "Dizpoz-a-Scoop" bags would not work well for large dogs. Mayor Gram said he had been using regular "zip lock" bags for years and that they worked well. Ms. Meikle said that Bell Market currently donated plastic bags to the Old St. Hilary's Open Space District and that Mill Valley Refuse Service had agreed to pick up the disposal cans free of charge. Superintendent of Public Works Iacopi said the Town needed to find a clean, safe solution for the disposal of dog waste. He said the problem with regular plastic bags was that dog owners did not tie them off and that they spilled open in the collection cans. He said his men were becoming sick from the smell and having to handle runny waste when they collected and emptied the 48-gallon cans. Iacopi said the Public Works Corporation Yard was beginning to smell like a dog kennel. Mayor Gram said the Town wanted to do something about the problem by investigating a way to pay for the new disposal system and to determine the best way to dispose of the dog waste. Councilmember Hennessy directed Superintendent Iacopi to get a cost estimate from Mill Valley Refuse to pick up the cans instead of having it done by the Town employees. Mr. Iacopi said the last estimate he had received for a thrice-weekly pick-up was $70,000 per year. Councilmember Hennessy asked for further analysis during the budget process. 16) HOUSING ELEMENT UPDATE - Review of ABAG Regional Housing Needs Determinations - (planning Director) Planning Director Anderson said the ABAG study called for the Town to provide for up to 150 units by 2006. He said the last ABAB report in 1988 had called for 394, and stated that Staff and the Planning Commission had not found the current numbers to be unreasonable. Anderson said the Town would be required to zone property and have general plan provisions so that this number of units could be built. He said that did not mean they would necessarily be built. Town counci/Minutes #1183 Febroary 2, 2000 Page 5 EXHIBIT NO. 3 p..1.,f.1 c' . .' On the latter, Town Manager Kleinert said that there had been discussion of deferring the addition of the Maintenance Mechanic to Year 2 of the budget until a master plan had been drawn up of the new Corporation Yard which would show where the shop building would be located, etc. He said that the Superintendent had requested an additional landscaper to be added to the budget as an immediate need. II. Town Manager Kleinert and Finance Director Stranzl talked of the need to build up the Town's depleted worker's compensation fund reserves over the two-year period, III. Town Manager Kleinert said that $150,000 was budgeted over the two-year period for an update to the [Housing Element of the] General Plan, and Downtown Design Guidelines. IV. Town Manager Kleinert noted that there had been a nine- percent increase in salaries over last fiscal year, but an eight- percent increase in revenue to the Town. . V. With regard to revenue, Town Manager Kleinert said the Town had experienced the best fourth quarter in any ~scal y..t.l\IJnJhe.Jast..lQ..~lIJ;]J!ld noted that revenue was up 31 % over last year. .....---- ._...~ L ,.... Council discussed the possibility of hiring Mill Valley Refuse Service to do the Town's parks garbage pick-up in lieu of Public Works. Staff noted that it would be an increase of approximately .3 5 cents per month to the ratepayer. Council asked that the matter be agendized for public hearing. ,. "':~\. '~:to. '''-,\ "i';~ Superintendent of Public Works Iacopi said his only concern was for his men who had to pick up leaking bags of dog waste. He said that if the Town implemented the new "pooper-scooper" bag system, it would not be an issue. Council said it would discuss the matter further, but suggested that Iacopi reformulate a work plan for his department in the event the Town chose to hire MVRS for park garbage pick-up. .~.._o__'" '" '" ....... _.~~ q_ "".~;}.' ~~mr'''''"'__''~~''&/'''j'< In describing the Capital Improvement Program, Town Manager Kleinert said that the Town's . "street impact fee" resolution had generated substantial funds for street repairs, up $200,000 from last year. Council directed Finance Director Stranzl to "zero out the fund." Kleinert noted that there were some major drainage repairs that would have to be addressed in the next two fiscal years, and that 23 street light poles were scheduled to be replaced in the downtown area. Council directed Staff to have the streetlights replaced in one year rather than doing it as a phased project. Vice Mayor Thompson directed Staff to "study the new State budget" and report on grants and sources of funding for the Town for items such as the repairs to the Multi-use Path. Town Manager Kleinert said Staff would refum with a proposal for fund transfers in order to maintain the Town's reserve goal of25% of the operating budget, or $1.1 million. Town counci/Minutes #1194 Juiy5, 2001.1.. . ~ ....."i,-'.~~......"..~, Page 8 EXHIBIT NO..1=- 15bI-Mlll ',llE'- ~ RE1IJSE i i : 0 SER',CE, ~1 INC. .J , ;; r P.O. BOX 3557 - SAN RAFAEL. CALIFORNIA 94912-3557 PHONE: (415) 457-9760 FAX: (415) 457-3003 Mr. Bob Kleinert Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 March 31, 2000 Dear Bob, In accordance with the latest amendment to the Franchise Agreement, the increase we are requesting for the July 1, 2000 to June 30, 2001 rate period is the agreed upon three percent (3%). Please see the attached comparison of current rates with the new rates. Also, please note that if you wish MVRS to begin picking up Tiburon street cans, we estimate this new service to be $23,704 per year. We have not incorporated this new service into the rate application for this year. However ifwe do start we will ask to recover the year's actual costs in the next rate application. If you have any questions, please contact me at 457-9760. ~r~,: Dave ~ President MVRS cc Tony Iacopi I:l E~U.iW ' ~ iill B"L~~;f.'iilfe&JI M!ft ~ ~ M ffiWVl.\~"~~!. '.-:'" 1M r:r=: ,\ let '~!..tJrr~r '!'! EXHIBIT NO.S TOWN OF TIBURON STAFF REpORT ITEMNO.E :j MEETING DATE: AUGUST 8, 2000 To: From: Subject: Date: PARKS & OPEN SPACE COMMISSION EM! THERIAULT, ASSOCIATE PLANNER DOG WASTE DISPOSAL SYSTEM INSTALLATION BUDGET ITEM AUGUST 3, 2000 BACKGROUND: During its recent budget discussions, the Town Council reviewed the Dog Waste Disposal System item. Due to commentary supplied by the public, there was some confusion as to the Park and Open Space Commission's recommendation on the item at that time. The Council has subsequently requested the Commission to review the two systems again and the new cost information researched by Staff. COST ANALYSIS: The Public Works Department is requesting at least 42 dispensers although a request for 52 units was mentioned as the preferred number of installations during the February 2, 2000 Council meeting. This figure would include installations in Town neighborhood parks, the Multi-use path and Shoreline Park. Staff has performed a cost analysis for only 42 dispensers, however. Dispoz-a-Scoop system. This system is recommended by the Public Works Department in order to provide a more sanitary solution for public works employees who are required to pick up the trash throughout the Town. The Public Works Superintendent has indicated that the existing trashcans would be used in conjunction with this system. ~ (.1i.~ Cost: 42 dispensers with poles, mounting hardware and signage would cost ~ + shipping fees of $626.64 for a total cost of: 4,258.54 The bags would cost 19.2 cents per bag or $96 per case of 500 bags: l,l52.00' Parks & Open Space Commission SiajJ Repori 8/8/00 EXHIBIT NO. ~ p. ( ..f , Mutt Mitt System. This system is utilized by the City of Belvedere and recommended by two members of the public. The bags associated with the system are larger but do not offer the more effective containment of the Dispoza-a-Scoop system. Staff is recommending that if this system is chosen, that the dispensers be purchased in conjunction with the pole-mounted waste bins offered in order to encourage dog owners to deposit the dog waste into the dispenser waste bins rather than the public garbage cans. This would provide a more sanitary option for the Public Works employees who are frequently exposed to the contents of dog waste bags which open-up into the public garbage cans. The employees would also need gloves for use in removing the trash bags as some residual waste is likely to remain in the cans. Cost 42 dispensers with poles, mounting hardware, signage and waste receptacles would cost $8,295 with the shipping fees prepaid for a total cost of: $8.295.00 The bags would cost 6.2 cents per bag or $49.75 per case of800 bags: $373.13 If the Council chose to purchase this system without the attached waste bins the cost for the dispenser would be reduced to $4,305.00. Dispensers plus one year's supply of bags would be $4,678.13. The Council is also reviewing information regarding the possibility of hiring Mill Valley Refuse to pick up the Town garbage. The Public Works Superintendent has indicated that this cost would be prohibitive, however. According to the Superintendent's previous inquiry to Mill Valley Refuse, their cost for annual Town garbage pick-up would be in ballpark of $70,000.00. The health and safety of the Town employees would be another, unquantifiable, cost that really should be considered in this analysis. Staff is recommending the purchase of the Dispoz-a-scoop system. This system carries a slightly higher annual maintenance cost (although, given the scope of the entire budget is still reasonable). An alternate suggestion would be for the Commission to recommend purchase of the waste receptacles (trash bins attached to the dog litter facility and used for dog waste in lieu of other Town trash bins) in the purchase of the Mutt Mitt system. A letter from one of the Parks and Open Space Commissioners who voted on the original Commission review of the dog disposal system item is attached. The letter explains that the difference between the cost of the bags is minor enough that the Commission chose the option they felt would be more hygienic for the Public Works employees to have to work with. Although the Commission may not have had accurate information regarding the correct per bag cost at the time, they were informed that, regardless of the system chosen, the cost would not exceed one to two thousand dollars per year. Note: Invoices from Ihe companies which produce Ihe two systems are attached to this report. One oflhe product producers (Intelligent Products) provided an estimate of the number of bags required for 42 dispensers dimng a one-year period. I requested Ihis estimate based on Ihe higher traffic on the multi-use palh. She based her yearly estimate of eighIy thousand (80,000) bags based on Ihe requirements of some larger municipalities and state parks). This estimate seems extremely off Parks & Open Space Commission Staff Report 8/8/00 EXHIBIT NO, , p. J.. f'~ , the mark. According to the Public Works Superintendent's calculations, the amount of bags needed per year would be closer to 6,000 bags for the requested 42 dispensers. Common sense would dictate that the latter, more conservative estimate is closer to being accurate. And... if the Town runs out of bags during the first year and the Council elects not to fund additional bags, recycled grocery store bags could be installed in the dispensers as a stopgap measure. RECOMMENDED ACTION: Staff recommends for the Parks & Open Space Commission to review the two systems and the cost analysis performed by Planning Department Staff and to make a recommendation to the Town Council regarding the system preferred by the Commission. EXHIBITS: 1. Letter, dated February 4, 2000 from Alice Fredericks. 2. Invoices supplied by the companies supplying the two disposal system options. 3. Minutes from the February 2,2000 and the July 5, 2000 Town Council meetings. 4. Minutes from the November 9, 1999, January 11, 2000 and February 8, 2000 Parks and Open Space Commission meetings. Parks & Open Space Commission Staff Report 8/8/00 EXHIBIT NO.-'-. ',l.-t: " .;rPRO PRODUCTS FAX NO. 3104101492 J~n. 19 2000 05:08PM 02 - DlSPOhA-m~- Sold To:C-A~ ~T~ EXHIBIT NO. 2. REC~ . ~/Vl:D JUN 2 0 2000 MunifCondo Price Sheet1e.(~" Tn,I.., 0 <FAR-I'1e '" f,V ,cns' II eN, URON Ship To: :ZJJ')/ .l ('~ , , " La- Q4Qro TelePhone~ -L1\5. W'55. ~ '13'8 Date: (o-lq -00 Resale # (CA only): Contactr ~ P.O.#: Case Item Description Cost . QTY Total SOOR 500 Bulk Dispoz-A-ScoOP~ 201bs. 1 - 4 cases $118.OOIcase '( Dispenser Refills 1.5cf 5 . 9 cases $107.00/case , -) 1B+-.cases ~ " $ 96.00/casEV' Dispenser Dispenser & Sign 131bs. S89.90 each L./Q., "Z- '-155, I Complete ...,.,'ith mounting hardware (_ '-0" " ' ~~~M _c :: '-I"~ SAVE S20With purchase of 2 cases of refill$ (1,000 scoop"rs) -) SAVE $30 with purchase of 4 cases of refills (2.000 scoopers) . ..rn' nn ___I. ') F"''';-'th ~urch..se,~f 5" ~ ~~refi~,(2,~~?; ~pe...rs) FI",t Otder Onty) . f"i' <<:' ..._~ (". e-r P r'-, r ' I~, ^ , , xi..\J. Pole OptionalS' Mounting Pole 281bs. $28.00 each 11\ 1\0, p",-<lnlled and painted Sign Extra (Standard) Sign $14.00 each ~I')- 10"X12" Special Special Signage Set-Up charge (per order) $75.00 * Special co~r and/or wording Sign cost 1-25 pes $14.00 each (CUlItomer supproed artwof1<) Freight Freight 0 '\'). ~i~~~~ Per SOOR ;J.JO... '" '7 I'er Dispenser pKI,A '- ..YJ./, Fer Mounting Fole $U/~ ot- ;, 1, 2, 'ic 00 0: 6' Terms: DC.O.D. DPMT ENCLOSED DPRE-AI'PROVED N/3C SUBTOTAL (excluding IrJlig.. Sales Tax - II appficable Freigl',- . _.-:....- , " - D Mle D Visa # Exp.: I TOTAL .. --~. ,p' ~ ~ - ~-- Petpro Produc;l$,lnc.' Hea~h-Pro Nultltlon' 11211 South La Cieneg. Blvd. 90045 . ph: 310.410.4404 " lax: 310.410.1492. www.vilagravy.com. .~. . .,":o~s'r" "Q~ 'j' .\. "-:, ~~:6:',:, -,>,~;,~:,,-::-~:-_:_._ l" . ....'.-.. ....ri.,...., EXHlEl . ....":.:.to\F.....~'...,.~..'".:..... .... .6;1. -.-.'.o...J..:....~.7. ...O....:.,$..."'..~... T NO . ..' ~ ~........:=:J;;r'.'..." "-", "". ~ -f '~. '. .' .:,~~j:~r~f1(6W~j~ ... ~ ""'r-:-LJ--'~"f1- ." .,':".., ,,::;. -_'t"(J..,~ '- , ,--- '-, ._"-""'-~------"._--"- r. - - L1'Y11..t I T .....I\IY11 T T S / /.. Intelligent Products Incorporated 10,000 Lower River Road, P. O. Box 626 Burlington, KY 41005 859-689-7200 Fax 859-689-5511 Tax!D 36-3655101 LOate I r &2~~ Estimate Estimate # I I , 4 I I Name I Address i i Town ofTIburon I Tiburon, CA 94920 I I ! -_.~ i i I I -' ! Project ~_._- , , 49.75 57.50 95.00 1000 35.00 0.00 i Total I -- --.1 4,975.00 , 2.415.00il 3,990.00 \i ..1.-'1 420.00 r 71 1,470.00 J Description ,Diy ~ I",dot ",,~,', 1 Mu\tMin Hangt.ble Header. ?kd. 16\50 c.\'\)~ i Mutt Mitt Park Dispenser, Pkd. 1\1 . . I H9N Pcrforaled Steel Wll5le Keceptical, Black. W\Str""pin~ Kit I H~Bracket Kit Sign for Park DIsper.ser. Pkd. III ! Sbippmg-PRE? AlD i 100~ 421 421 421 42 i I I Rate : We are not a n~XliS of California. sales tax not included 0.00 I i ! I ! I I I I , i I I I EstImate good for 30 da)'o I i i I Total i I I i i I : , I I I I + i:Y r - \0.L4;" , '? ,;19 s 'I_:_~ I ' I I '1 I s:=l ..~... ~ ~Q-.-rTOV'\S Vlole.\ '&JO \o~s. .._-~J;; '::E~~rJl~~~. - ~ ' .~........~....;" "'..... ' ',. "" >r;:., , ""-'-':~~._.___-;fj<~l;;.~:~~ ~T.~:.'( "\ -- -:-::~.'.-'.:' . Emi Theriault Planning Department Town ofTiburon EXHIBIT NO. l February 4, 2000 RE: Bagging Dog Refuse Dear Ms. Theriault It has come to my attention that the Parks and Open Space Commission choice of doggie refuse bags has become a topic of rumination and wonder. I wish to explain why the choice was made since I served on the commission at that time. Various members of the commission questioned the cost of the chosen bags as compared to others, even calculating a projected expense that included consideration of cost of Public Works personnel. The Superintendent of Public Works, Tony Iacopi, pointed out that, like plastic produce bags, many commercial bags had the short coming of not having a positive seal that operated easily and folks frequently tossed the open bags in and near the refuse cans. The result was that the refuse cans and environs, especially in winter, were difficult to handle and especially unsanitary to clean. A further problem was that when the cans were left open, as they sometimes are, rain water added to the mix, making the cans both heavy and incredibly filthy. I cannot speak for the reasons the other members of the Commission voted for the maligned doggie bags that were chosen, but I can tell you the three reasons that I did. 1. The cost differential was negligible. 2. The cost would be offset because a) the ease of sealing & handling made compliance by the public more likely b) sealed bags make the job of Public Works in handling the filth a little safer and and easier, perhaps resulting in some labor cost savings. 3. Finally, I felt if the cost of the bags were unconscionable to many, the decision could be revisted the next time the bags needed re-ordering. A reasonable alternative to our choice is, of course, a possibility. However, I feel strongly that the personnel of Public Works are not really our public servants, but rather our public helpers. Ifwe need to install the refuse systems because our citizens have difficulties cleaning up after their pets, we can at least make the job of our helpers more sanitary, if not easier. RECEiVED FEB 7 2000 Alice Fredericks One Cazadero Lane Tiburon, CA 94920t PLANr~ING. OfP !~Rn",i ~NT TOWN OF T1SURON EXHIBIT NO. (, p. , .f , TOWN OF TIBURON STAFF REpORT ITEM NO. 7' To: From: Subject: Date: TOWN COUNCIL SUPERINTENDENT OF PUBLIC WORKS MILL V ALLEY REFUSE SERVICE - PROPOSED PARKS PICK-UP August 16,2000 BACKGROUND During the recent FY 2000-2002 Town Budget hearings, the Town Council discussed the possibility of hiring Mill Valley Refuse Service to do the Town's parks garbage pick-up in lieu of the Public Works Department. This discussion was a result of a recommendation by the Public Works Department and a proposal by the Parks & Open Space Commission in January, 2000 to install a dog waste receptacle system along the Town's multi-use path and in the Town park areas. Although a decision was not made at that time to install such a system, it was determined that Public Works Department personnel were encountering adverse health conditions by picking up garbage which often contained unsecured dog waste. As a result, Council directed Staff to determine the feasibility of adding the service to the existing Mill Valley Refuse Service Franchise Agreement. Staff determined that there would be an increase of approximately 35 cents (.35) per month to the rate payer for such service by Mill Valley Refuse Service (see attached correspondence from MVRS and memoranda from Superintendent of Public Works Iacopi and Finance Director Stranzl). RECOMMENDATION 1) The Public Works Department and Parks & Open Space Commission continue to recommend the installation of a dog waste receptacle system in Tiburon's public areas. Superintendent Iacopi has stated that his primary concern is for his men who have to pick up leaking bags of dog waste. However, if a new dog waste receptacle system is installed along the Town's multi-use path and parks which is successful, an amendment to the Franchise Agreement with Mill Valley Refuse Service could be deferred for a specific period of time in order to test the system; or MVRS Staff Report August 16, 2000 Page 2 2) Council may want to proceed at this time and adopt an amendment to the MVRS Franchise Agreement after a public hearing. Tony E. Iacopi, Superintendent EXHIBITS --Letter from MVRS, dated March 31, 2000 --Memorandum from Superintendent Iacopi, dated July 3, 2000 --Memorandum from Finance Director Stranzl, dated July 5, 2000 ~1Mlll V'llE' REIIJSE Ro SERVICE, ~' INC. , .ijj ~~ .~ P.O. BOX 3557 - SAN RAFAEL, CALIFORNIA 94912-3557 -':1 ., J PHONE: (415) 457-9760 FAX: (415) 457-3003 Mr. Bob Kleinert Town ofTiburon 1505 Tiburon Blvd. Tiburon, CA 94920 March 31, 2000 Dear Bob, In accordance with the latest amendment to the Franchise Agreement, the increase we are requesting for the July 1, 2000 to June 30, 2001 rate period is the agreed upon three percent (3%). Please see the attached comparison of current rates with the new rates. Also, please note that if you wish MVRS to begin picking up Tiburon street cans, we estimate this new service to be $23,704 per year. We have not incorporated this new service into the rate application for this year. However ifwe do start we will ask to recover the year's actual costs in the next rate application. If you have any questions, please contact me at 457-9760. Qr~,: Dave ~ President MVRS cc Tony Iacopi "i~~~V@O MAR~~. W\X~~,l.>l~~lef ~Jr!~fi~;,'ifj~ TIBURON RATES # CAN CURRENT 3~ INCREASE VARIANCE 1 CAN FLAT 18.13 18.67 0.54 1 CAN HILL 21.54 22.18 0.64 2 CANS ALL 32.82 33.8 0.98 3 CANS ALL 47.29 48.7 1.41 4 CANS ALL 61.71 63.56 1.85 MINI CAN FLAT 16.07 16.55 0.48 MINI CAN HILL 19.01 19.58 0.57 45 GAL FLAT 25.49 26.25 0.76 45 GAL HILL 30.58 31.49 0.91 ROLUNG HILL AREA 1 CANI2PU 39.8 40.99 1.19 2 CAN/2PU 62.21 64.07 1.86 3 CAN/2PU 91.16 93.89 2.73 4 CAN/2PU 120.1 123.7 3.6 5 CAN/1PU 76.18 78.46 2.28 6 CAN/1PU 90.65 93.36 2.71 1 YARD CONTAINER (NOT INCLUDING $13.00 RENTAL FEE) 1 PICKUP 74.12 76.34 2.22 2 PICKUP 148.26 152.7 4.44 3 PICKUP 222.39 229.05 6.66 4 PICKUP 296.51 305.4 8.89 5 PICKUP 370.65 381.76 11.11 6 PICKUP 444.78 458.11 13.33 2 YARD CONTAINER (NOT INCWDING $26.00 RENTAL FEE) 1 PICKUP 148.26 152.7 4.44 2 PICKUP 296.51 305.4 8.89 3 PICKUP 444.78 458.11 13.33 4 PICKUP 593.04 610.82 17.78 5 PICKUP 741.3 763.53 22.23 6 PICKUP 889.56 916.24 26.68 TOWN OF TIBURON MEMORANDUM , .~~~~. ~IF:;~ ~ ~jJJ~, :,~ 7 ~.; ~ <'/J' ~, ...",'" ~ O~~rA' \~0 ...... . . To: From: Subject: Date: TOWN MANAGER. ROBERT KLEINERT SUPT. OF PUBLIC WORKS, TONY IACOPI TOWN GARBAGE PICKUP - PUBLIC WORKS DEPT. JULY 3,2000 Per our discussion at the Staff meeting ofJune 29, 2000, below is a breakdown of the costs and manpower required for the Town's public garbage pickup. During the peak season (Spring- Fall) the Public Works Department picks up garbage three times a week, and twice a week during the Winter months. For purposes of this cost analysis, the Finance Department has given me a figure of $27/hr. for labor costs. PEAK SEASON Three men @ $27/hr Three men per day for two hours Pick up three times a week @ $162/day Monthly pick up - Four weeks @ $485/week Total Peak Season - Nine months @ $1,944/mo. WINTER Two men @ $27/hr. Two men per day for two hours Pick up two times a week @ $108/day Monthly pick up - Four weeks @ $216/week Total Winter Pick Up - Three months @ $864/mo. Annual Costs for Garbage Pick Up $ 81.00 162.00 486.00 1,944.00 17,496.00 54.00 108.00 216.00 864.00 2.592.00 $20,088.00 It should be noted that the above costs do not include Sunday pick up, which is currently being done by Denis Williams at a flat rate of $40 per week. I have received a cost estimate from Mill Valley Refuse Service to provide the same garbage pick up at an annual cost of$23,704. This would be an additional cost of$3,616 per year to have the Town's garbage pick up contracted out. It is my recommendation that the Public Works Department continue to provide garbage pick up, provided the new doggie bag system is approved. ~ Tony E. Iacopi Supt. of Public Works /shm cc: Finance Department DATE: TO: FROM: SUBJECT: July 5, 2000 TOWN MANAGER RICHARD STRANZL, FINANCE DIRECTOR MILL VALLEY REFUSE SERVICE - PICK-UP OF TOWN STREETS AND PARKS RECEPT ACLE WASTE .:;: ~ oF' Tin ~ /~"i> ~,~ ~~' ,"'~'1'2~ ~ (l. I' . .. ~',1C ~ ~ " ' : ^. . ~,,'<> ~ O~N.'A. \,," ". .. TOWN OF TIBURON MEMORANDUM BACKGROUND & DISCUSSION: The Town has received a proposal from Mill Valley Refuse Service (MVRS) to pick-up (collect and dispose of) waste in the Town's streets and parks receptacles. This service is currently the responsibility of the Tiburon Public Works Department. MVRS proposes to collect this waste at an annual cost of $23,704 to the Town. This would result in an added cost of approximately thirty-five cents ($0.35) per month, or $4.20 per year to the rate payers. R. Stranzl (C(Q)~1f