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Home My WebLink AboutTC Agd Pkt 2000-10-04 A~T~. TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1505 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: OCTOBER 4, 2000 7:30 P.M. 6:45 P.M. PLEASE NOTE: In order to live all interested persons an opportunity to be heard, and to ensure the presentadon of all points of view, members of the audience should: (I) Always Address the Chair, (2) State Name and Address; (3) State Views SucclncUy; (4) Limit Presentations to 3 minutes) (5) Speak Directly Into Microphone. TIBURON REDEVELOPMENT AGENCY A. ROLL CALL B. NEW BUSINESS 1) ADOPTION OF MINUTES - #03-2000 - June 21, 2000 2) ANNUAL REPORT - Financial Report for Fiscal Year ending June 30,2000- ( Accept) C. ADJOURN TIBURON TOWN COUNCIL 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. INTRODUCTION & SWEARING IN OF NEW TOWN EMPLOYEES . Town Manager - (Alex McIntyre) . Tiburon Police Department - (Officers Mike Bard & Jamie Waterman; Community Service Officer Cece Hernandez) . Tiburon Public Works Department - (Cameron Balfe) This item will be followed by a brief reception, open to the public, with coffee and cake. E. COUNCIL. COMMISSION & COMMITTEE REPORTS , F. 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) 223 DIVISO STREET - Denial of 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/AppeIlants)- (Adopt Resolution) 2) RICHARDSON BAY REGIONAL AGENCY IT. POWERS AGREEMENT - (Authorize Execution of Revised Agreement) 3) BELVERON WATERSHED - DRAINAGE IMPACT FEE ADJUSTMENT - (Adopt Resolution) 4) TOWN CONFLICT OF INTEREST CODE - (Biennial Notice) - (Adopt) G. UNFINISHED BUSINESS 5) GREENWOOD BEACH ROAD DRAINAGE PROJECT - (Oral Report by Town Attorney) 6) ZELINSKY P ARK LANDSCAPE PLAN - (Status Report) H. PUBLIC HEARING 7) 684 HILARY DRIVE - Appeal of Design Review Board approval for construction of additions to an existing single-family dweIling, granting Variance for reduced side yard setback - AP No. 55-182-14 - Carol Weiss, Applicant; Irmgard Brunner, P.O. Box 230, Tiburon, AppeIlant I. NEW BUSINESS 8) ST. HILARY'S APPEAL OF PLANNING COMMISSION DECISION TO TOWN COUNCIL A) Schedule Hearing Date B) Appoint Ad Hoc Fact-Finding Committee J. COMMUNICA nONS 9) SPECIAL EVENT PERMITS - A) October 7 - (Open Water Swim from Angel Island to Sam's Anchor Cafe & Shoreline Park Awards Ceremony) B) October 21 - ("For Paws" Pet Parade on Upper Main Street) K STAFF & TOWN MANAGER REPORTS L. ADJOURNMENT Future Aflenda Items --Tiburon Blvd Intersection Study -- (Authorize ContractJor Consulting Services) -- (October 18) --Rule 20A Undergrounding oj Utilities ~ Town Fund Balance - (October J 8) --Stewart Drive Undergrounding oj Utilities Assessment District~ (Status Report) -- (October J 8) -- Traffic SaJety Committee Recommendation Jor Traffic Calming Devices on Mar West Street -- (October J 8) --Downtown Ferry Area Access & SaJety Improvements -- Update ~ (October J 8); Adoption oj Plan ~ (November J) -- Town Council Annual Reorganization -- (November J 5) DATE OF MEETING: October 4,2000 September 29,2000 No. 14,2000 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. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) A. Michael & Rebecca Masterson v. Town of Tiburon et al. Marin County Superior Court Case No. CV004661 B. Claimant: Peter G. Hertey WCAB No. SF00397174 2. CONFERENCE WITH LEGAL COUNSEL -- ANTICIPATED LITIGATION (Section 54956.9(b)) Claimaint: David A. Connors ~gJA- #/ TIBURON REDEVELOPMENT AGENCY MINUTES CALL TO ORDER Chair Gram called the meeting of the Redevelopment Agency of the Town of Tiburon to order at 7:37 P.M. on Wednesday, June 21,2000 in the Council Chambers at 1505 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: BOARDMEMBERS: BOARDMEMBERS: Bach, Gram, Hennessy, Thompson Matthews EX-OFFICIO: Executive Director Kleinert, Finance Director Stranzl, Planning Director Anderson, Associate Planner Theriault, Acting Chief of Police Lt. Aiello, Town Clerk Crane Iacopi B. ADOPTION OF MINUTES 1) No. 2-00 - June 7, 2000 (Adopt) MOTION: To Adopt Minutes #02-00, June 7, 2000, as presented Moved: Bach, Seconded by Hennessy Vote: AYES: Unanimous ABSENT: Matthews C. PUBLIC HEARING 2) FINANCIAL REPORT FOR FISCAL YEAR ENDED June 30, 2000 - (Accept) Finance Director Stranzl said the item was updated financial information for the recent fiscal year. MOTION: Moved: Vote: To accept the Redevelopment Agency Financial Report ofFY Ended June 30, 2000 Hennessy, Seconded by Bach AYES: Unanimous ABSENT: Matthews 3) REDEVELOPMENT AGENCY TWO. YEAR BUDGET PLAN - (Fiscal years Ending 2001 & 2002) - (Adopt) Finance Director Stranzl noted that the agency would close out its business at the end of the fiscal year ending 2002. Redevelopment Agency Minutes #03-00 June 21. 2000 Page 1 MOTION: To adopt the Redevelopment Agency two-year Budget Plan for FY 2001-2002, as presented. Hennessy, Seconded by Bach AYES: Unanimous ABSENT: Matthews Moved: Vote: D. ADJOURNMENT There being no further business of the Tiburon Redevelopment Agency, Chair Chair Gram adjourned the meeting at 7:40 P.M., sine die. TOM GRAM, CHAIR Tiburon Redevelopment Agency ATTEST: DIANE CRANE IACOPI, TOWN CLERK Redevelopment Agency Minutes #03-00 June 21. 2000 Page 2 Tiburon Redevelopment Agency Staff Report Meeting: To: October 4, 2000 Item: # 1204-;2 Subject: BOARD OF DIRECTORS RICI.IARD STRANZL, FINANCE DIRECTOR ANNUAL REPORT OF TIBURON REDEVELOPMENT AGENCY Financial Report for Fiscal Year ended JWle 30, 2000 From: BACKGROUND: The Tibwun Redevelopment Agency regularly schedules regular meeting three months following the end of the fiscal year. The primary purposes of this meeting is to provide updated information concerning the fmancial status of the Agency for the fiscal year most recently completed (JWle 30. 2000) The Agency's financial assets, liabilities, and fund equity are allocated in accordance with the purposes of the Agency as described in the Fiscal Agreement. and the requirements of state community redevelopment laws. The following sections include financial statements and narrative information concerning the resources of the Agency's General and Housing Set- Aside FWlds. as well as summary information concerning tax increment allocations to the Agency and debt service payments due to the Point Tiburon Community Facilities District. RECOMMENDATIONS: The Financial Report for Fiscal Year Ended JWle 30. 2000 Board of Directors accept report. ~~ R. Stranzl. Finance Director 1 SECTION I.A. FINANCIAL REPORT, FISCAL YEAR ENDED JUNE 3D, 1999 I.A.l. REDEVELOPMENT AGENCY GENERAL FUND This fimd is used to account for those financial resources which are used for regular operating expenses of the Agency, and to make the annual payment to the Point Tiburon Commwtity Facilities District (CFD) for debt service on the improvement bonds of the CFD. Fund financial information for fiscal year 1999-2000 is presented in the following tables. TIBURON REDEVELOPMENT AGENCY GENERAL FUND FYI 999-2000 Balance Sheet Statement of Assets, Liabilities & Fund Equity FYI 999-2000 Income Statement Revenues, Expenditures & Changes in Fund Equity Amount Amount ASSETS Cash & Investments Tax Increment Receivable Interest Receivable 299,396 251,250 4,626 REVENUES Tax Increment Interest Earnings 502,500 13,634 4,975 Total assets: $555,272 Total revenues: $521,109 LIABILITIES Accounts Payable Payable to PI.. Tiburon CFD 30,812 472.500 EXPENDITURES Administration Financial Audit Legal Payment to PI. Tiburon CFD 30.812 2,489 472,500 Total liabilities $503,312 Total expenditures: $505,80 I FUND EQUITY Unreserved and undesignated Reserved for affordable housing $51.%0 FUND EQUITY Opening, July I, 1999 Closing. June 30, 2000 $36.652 $51.960 The Fund began the fiscal year with available fund equity of$36,652 and ends the fiscal year with available fund equity of $51,960. The Agency received an allocation of$502,500 in tax increment revenue from the County, and subsequently made a full Davment of $472 500 to the Pt. Tiburon CFD. 2 l.A.2, REDEVELOPMENT HOUSING SET-ASIDE FUND This fund is used to 8CCO\Dlt for tax increment revenues which are to be used for low & moderate, or affordable, housing. Twenty percent (20"/0) of total tax increment revenue collected is designated for affordable housing ptuposes. Fund fmancial infonnation for fiscal year 1999.2000 is presented in the following tables. TIBURON REDEVELOPMENT AGENCY HOUSING SET.ASIDE FUND FY1999-2000 Balance Sheet Statement of Assets, Liabilities & Fund Equity . Amount ASSETS Cash & Investments Tax Increment Receivable Loan Receivable Interest Receivable 346,910 84,777 669,543 4,402 Total assets: $1,105,632 LIABILITIES Accounts Payable Special Deposit EAH 8,638 15,000 T otalliabilities $23,638 FUND EQUITY Reserved for Loan Receivable Reserved for affordable housing $669,543 $412.451 FYI 999.2000 Income Statement Revenues, Expenditures & Changes in Fund Equity Amount REVENUES Tax Increment Interest Earnings Sale Land/Property 176,610 13,798 50,000 Total revenues: $240,408 EXPENDITURES Administration Financial Audit Legal TEMlilarita Project Purchase Ned's Way Site Neds Way Project 8.092 546 Total expenditures: $8,638 FUND EQUITY ~g,Julyl, 1999 Closing, June 30, 2000 $180,681 $412.451 The Housing Set-Aside Fund began fiscal year 1998-99 with total fund equity of $180,681. On June 30, 2000 total fund equity Was $412,45 L During the fiscal year the Fund received an allocation of $176,609 in tax increment set-aside revenue froo1 the County, and earned $13,798 in investment earnings.. The Agency received a deposit of $50,000 town! sale of the Ned's Way property. Regular operating costs totaled $8,638. Of Note: in fiscal year 1997-98, the Agency received an advance of $825.000 from the Town Housing and General Unallocated Funds, and spent $1.4 million to acquire the Ned's Way site for senior housing ptuposes. In July 2000 the Agency completed sale of the Ned's Way site to the developer for $1.350,000, and will use housing set-aside monies ($800,000) for affordable units of the project 3 l.A.3. TAX INCREMENT REVENUES ALLOCATED FY. 1999-2000 During fiscal year 1999-2000 the County collected $903.221 in tax increment revenue from the Tiburon Redevelopment Agency area These monies were allocated to the Agency and other taxing entities as specified in the Fiscal Agreement, and as estimated in the following table: ESTIMATED TAX INCREMENT REVENUE ALLOCATION, FY1999-2000 Amount ~ % of Total Tiburon Redevelopment Agency General Increment 502,500 55.6% Housing Set-Aside 176.610 19.6% Total Agency: $679,110 75.2% Annual Assistance to Taxing Entities County General 44,6g5 County allocated less Annual Ass! Pmt 103,794 Community College District 9,505 County School Fund 3,261 Reed School District 22,836 T amalpais School District 17,867 Tiburon Fire District 15,460 Tiburon Sanitary District 6,702 Total Assistance: $224.110 24.8% TOTAL ALLOCATION: $903,220 100.0% I.A.4. DEBT SERVICE FA YMENT TO COMMUNITY FACILITIES DISTRICT According to the Fi.scaI Agreement, the Agency is required to pay a maximum of $7,087,500 to the Pt., Tiburon Community Facilities District. As of the fiscal year just ended, the Agency has paid $6,235,137 to the District - a total of $852,363 remains owed to the District. Asswning sufficient annual tax increment proceeds, annual debt service payments will be made through the fiscal year ending June 30, 2002. 1.A..5. TAX INCREMENT REVENUE LIMIT 1he Fi.scaI Agreement provides that the Agency will receive tax increment revenue until a total of $7,687,500 is allocated to the Agency's General Tax Increment Fund. At the close of fiscal year 1999-2000 the Agency General Fund has received a cumulative total of $6,800,849 - a total of $886,65 I remains to be allocated from July 1,2000 forward It is estimated that the Agency will reach the general tax increment revenue limit during fiscal year 2001-02. 4 TOWN OF TIBURON STAFF REpORT ITEM NO. REPORT DATE: 9/29/00 / Date: TOWN COUNCIL EM! THERlAUL T, ASSOCIATE PLANNER FILE #700008: RESOLUTION OF DENIAL FOR AN APPEAL OF A DESIGN REVIEW BOARD DECISION TO DENY A SITE PLAN AND ARClllTECTURALREVIEW APPLICATION 223 DIVISO STREET; Malcolm Misuraca and Victoria Brieant, owners; Assessor's Parcel No. 059-131-07 OCTOBER 4, 2000 To: From: Subject: BACKGROUND: On September 20, 2000 the Town Council reviewed an appeal of a Design Review Board decision to deny a site plan and architectural review application requesting legalization of as-built fencing located on and near the property at 223 Diviso Street. The Council held a public hearing on the item, reviewed the materials in File #700008, the Staff Report and discussed the Design Review Board recommendation for denial of the application. The Council determined that fencing would not be appropriate according to requirements of the Zoning Ordinance and that the application was invalid due to the fact that the owner of the property on which the Subject As Built Fence stands must consent to the application. The Council should note that the Town Engineer has determined that the Town does hold an easement over the Diviso Street roadway and therefore any future applications for development of the roadway area will require an approved encroachment permit from the Town prior to the legalization or construction of any structure within the easement area. RECOMMENDA nON: Staff recommends that the Town Council review and adopt the attached resolution. T1BCRON TOWN COUNCIL STAFF REPORT October 4. 2000 1 [ill [R1 ~ ~ lr RESOLUTION NO. 2O~ EXHIBIT NO. ~ - A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TffiURON DENYING AN APPEAL OF A DESIGN REVIEW BOARD DECISION ON A SITE PLAN AND ARCIDTECTURAL REVIEW APPLICATION FOR AS-BUILT FENCING LOCATED ON AND NEAR THE PROPERTY LOCATED AT 223 mvrso STREET ASSESSOR PARCEL NO. 59-131-07 WHEREAS, Malcolm Misuraca and Victoria Brieant ("Appellants") are the owners of property located at 223 Diviso Street and have applied for Site Plan and Architectural Review of an as-built fence (File #700008); and WHEREAS, on June I, 2000 the Design Review Board of the Town of Tiburon reviewed the Site Plan and Architectural Review application and voted to deny the requested approval and WHEREAS, pursuant to notice as required by law, on September 20, 2000 the Town Council of the Town of Tiburon held a public hearing to consider an appeal of the decision filed by the applicants/property owners and WHEREAS, at said duly noticed public hearings, the Town Council received public testimony, considered appellants' application, and other documents, including, without limitation, the appeal, correspondence from counsel for appellants, all materials in File #700008 and materials prepared by Town Staff; and WHEREAS, the Town Council of the Town ofTiburon, as more particularly set forth below, determined that the as-built fence design, would be inconsistent with relevant portions of the Zoning Ordinance of the Town of Tiburon; and WHEREAS, the Town Council of the Town ofTiburon determined that it would not be appropriate to approve fencing on property owned by a party other than the applicant without the interested party's consent; and WHEREAS, the Town Council voted 5 to 0 to deny the appeal, THEREFORE BE IT HEREBY RESOLVED AS FOLLOWS: Section I Findings: 1. The fence area reviewed ("Subject As-Built Fencing") constitutes the area of as-built fencing not shown on a survey of a fence which existed in the area in 1976 per a survey prepared by Hool and Lockett, licensed land surveyors. ("1976 Survey"). The Subject As Built Fencing is shown on Diagram I, which is attached hereto and incorporated herein by reference. 2. The Subject As Built Fencing is considered a new fence because (a) the previously existing fence in the area did not extend into the property occupied by the Subject As built Fencing; and (b) the previously existing fence was removed at least 2 years ago. 3. The design of the Subject As Built Fencing is inappropriate because it blocks public views of the Bay. Any fence at this location would have to be lower in height to preserve such views. 4. The Subject As Built Fencing is built primarily on property in which the Appellants have no record interest. 5. All building and encroachment permits obtained by Appellants in order to replace an "existing" fence are deemed null and void. These permits are deemed null and void due to the following reasons: a. Any permit applicant must have appropriate legal title to the property that is the subject of the permit application. b. The Appellants submitted false information in order to obtain said permits. c. The Appellants violated terms of the conditions of approval for the issued building and encroachment permits by building a fence longer than a previously existing fence as evidenced by a survey, dated August 1, 2000, performed by L.A. Stevens & Associates, Inc. 6. The Subject As Built Fencing must be removed within 90 days of the date of the approval of this resolution unless the Appellants have established ownership and obtained permits as described in Finding 8. 7. The Appellants have received considerable latitude in the granting of extensions to the code enforcement process for unauthorized work associated with the subject as-built fencing and in the granting of several extensions to the appeal period. No extensions to the deadline for removal of the fence will be granted. Code enforcement action for removal of the fence will begin on the 91 st day after the date of the approval of this resolution if the Appellants fail to obtain the aforementioned quiet title judgement granting the roadway area on which the fence is located to the Appellants, 8. If Appellants are able to establish appropriate title to the location of the Subject As Built Fencing, they may submit a revised Site Plan and Architectural Review application that preserves public views of the Bay. To the extent that said area is owned by the Town or subject to a Town- held easement, they must also apply for and obtain an encroachment permit. If Appellants have not obtained all necessary approvals and permits for the Subject As Built Fencing within 90 days of the date of this resolution, the entire Subject As Built Fencing must be removed by such date. If Appellants obtain said approvals by said date, all work necessary to bring the Subject As Built Fencing into conformance with the terms of said approvals must be completed within 30 days of the date that the last approval is issued. 9. The current Site Plan and Architectural Review application does not cover the fence area shown on the 1976 Survey. If the Appellants wish to legalize this portion of the fence, the Appellants must submit an application for legalization of this portion of the fence in conjunction with the property owner of the land on which the fence is erected. The Town Council, by its lack of inclusion of this portion of the fence in its current review, does not place limitations on the Town with regard to future code enforcement action on this portion of the fence. 10. The Town ofTiburon holds an easement over the Diviso Street roadway and may chose to refuse to grant encroachment permits for the subject as- built fencing regardless of whether the Appellants are able to obtain ownership of the subject property through a quiet title action. Section 2. Denial of Appeal NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby deny the appeal of the Design Review Board denial of the proposed Site Plan and Architectural Review application for the reasons set forth above. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on October _,2000, by the following vote: AYES NOES ATTEST: TOM GRAM, MAYOR DIANE L. 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".---- --'. ., . d' ';" '..' .t ,F' ","".' ~y ,-" --, -;' ,.,'" "'-- · .', ;:~~~.(iI{I.:;..'-~...:- ~ h }\}~_~.::::.;,,~h .'... .. >:.'<;," '-. :....::.:;.:.':~.~.',;.:.,.:,.'~...li../;~:_. . ","~ . ' - ,~" ....-- ." .f.. .,'k ~.~,.' , ,;"'!'. ~ 2"'" <' ,.; y" 'J_ :,~.,.',,' '. ,,,', ."." .' ." . ,;"i' ' '-- , -- .' j." .' '.. . ~ '" ., . "7i}: ~~~l~~Ut~.._~}..:.'~\.'..;~: .__~/1 ;:,:,;.}';' ',.~':..:..'.,..'.'.'.'....,',i,r. ... _ . <;;,i,.:<)( ;:.'i "".,.-:; . . .,-." 3-;...:': ,::;;-:i.-:_:~-~'j~,7...: ,,~ " ". . ~\ . ~\ ' .,,''L:'', .~ ., "...., .- -,., .;.;. :;.~ ";~;":~'~_~-"l.' ,.~;'. ",!f;~,~~~;l~'~: ~ ~ . /. If ~~..,.... ,-v-'< ii' , (415) 499-6117 ALEXIS J. McBRIDE MARl-ANN G. RIVERS CHARLES J. MCKEE RENEE GIACOMINI BREWER DAVID L. ZAL TSMAN MICHELE KENO NANCY STUART GRISHAM JENNIFER M. WALDRON THOMAS F. LyONS JAMES G. FLAGEOLLET DEPUTIES PAULETTE ENGLER AoMINISTRA TIVE ASSISTANT PATRICK K. FAULKNER COUNTY COUNSEL COUNTY COUNSEL OF MARIN COUNTY JACK F. GoVl ASSISTANT COUNlY COUNSEL 3501 Civic Center Drive. Suite 303 San Rafael, California 94903-5222 DOROTHY R. joNES PRINCIPAL DEPUTY FAX (415) 499-3796 TDD(415) 49g.e172 September 14, 2000 R~ 1Jo. :< Ann Danforth, Esq. Tiburon Town Attorney Office of the Town Attorney 1505 Tiburon Boulevard, CA 94920 Craig Labadie, Esq. Mill Valley & Sausalito City Attorney McDonough, Holland & Allen 1999 Harrison Street, # 13 00 Oakland, CA 94612-3517 Gary Ragghianti, Esq. Belvedere City Attorney Ragghianti, Freitas Montobbio Wallace LLP 864 Fourth Street, #D San Rafael, CA 94901-3246 Re: Richardson Bay Regional Agency JP A Dear Colleagues: The enclosed JP A is substantially based on the prior JP A that has been in effect since 1985. We have made only a few minor changes to the prior JPA: 1. Paragraph 7, last sentence: This sentence was added to conform to the 1997 amendment adopted by all member agencies; 2. Paragraph 9, last sentence: This sentence was added to conform to the 1999 amendment adopted by all member agencies; 3. Paragraph 17: This paragraph was revised to remove the sunset provision. Additionally, new Paragraph 17 states that until the execution of the new JP A the Agency has been acting under the prior JPA and that the member agencies ratify the prior acts of the Agency. These provisions were added to attempt to address the fact that the prior JP A expired on its own terms on January 1, 2000. Letter to City Attorneys re RBRA JP A September 14,2000 Page 20f2 The JP A must be adopted in identical form by all member agencies, We hope this will not be a problem since the proposed JPA is substantially identical to the one in force since 1985. As always, please do not hesitate to contact me if you have any questions or concerns. Very Truly Yours, Jennifer M. Waldron Deputy County Counsel October 3, 2000 Members of the Board of Supervisors The Marin County Civic Center REVISED RICHARDSON BAY REGIONAL AGENCY (RBRA) AGREEMENT Since 1985, the County has been a member of the RBRA along with the Cities of Sausalito, Belvedere and Mill Valley and the Town of Tiburon. The agency's mission is to protect the environment and boating waterways of Richardson Bay in accordance with an approved "Special Area Plan." The current Board representative to the RBRA is Supervisor Annette Rose. Attached is a revised Joint Powers Agreement for the agency which incorporates the amendments to the agreement which have been made since 1985 and which have been agreed to by all parties. The current Board representative to the RBRA is prepared to respond.should there be any questions concerning the revised agreement RECOMMENDATION: It is recommended that your Board authorize the Board President to execute the attached revised Joint Powers Authority continuing the County's participation in the RBRA. FISCAL IMPACT: The execution of the revised Joint Powers Agreement will not change the current RBRA dues paid by the County of Marin, REVIEWED BY: [ X 1 Auditor Controller [ 1 County Counsel [ 1 Human Resources [ 1 N/A [Xl N/A [Xl N/A Submitted by: Mark J. Riesenfeld COUNTY ADMINISTRATOR Prepared by: Linda Christman, Assistant County Administrator RICHARDSON BAY JOINT EXERCISE OF POWERS AGREEMENT THIS AGREEMENT, made and entered into this _day of , 2000, by and between the COUNTY OF MARIN, a political subdivision of the State of California, hereinafter referred to as "COUNTY", and the CITIES OF BELVEDERE, MILL VALLEY, SAUSALlTO and TIBURON, municipal corporations of the State of California, hereinafter referred to as "CITIES". WITNESSETH: WHEREAS. COUNTY and CITIES have jointly prepared and adopted the Richardson Bay Special Area Plan (with minor modifications as it applies to Sausalito) which sets forth policies and recommendations for the waters of Richardson Bay, portions of which fall within the jurisdictions of each of the CITIES and the COUNTY; and WHEREAS, COUNTY and CITIES believe that the mutual exercise of certain functions within the waters of Richardson Bay would be beneficial to all parties; and WHEREAS, COUNTY and CITIES are public entities of the State of California authorized under California law to provide police, fire and other governmental services to the inhabitants and property owners located upon and along Richardson Bay, as more particularly depicted on Exhibit "A", attached hereto and by this reference incorporated herein; and WHEREAS, Chapter 5 of Division 7 of Title 1 of the California Government Code (commencing with Section 6500) authorizes agreements for the provision of services to the residents and property owners upon and along the area depicted on Exhibit "A" so as to maximize cost savings and to coordinate the efforts on this valuable resource; NOW, THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, the parties hereto do hereby agree as follows: 1. There is hereby created a public agency to be known as the Richardson Bay Regional Agency as a separate legal entity formed pursuant to the provisions of Article 1, Chapter 5, Division 7, Title 1 of the California Government Code relating to the joint exercise of powers common to public agencies, and for the purposes of this Agreement Agency is a public entity separate from the parties hereto. 2. The governing body of the Agency shall be constituted of five (5) members, one to be selected by the Board of Supervisors with respect to the COUNTY representative, and one to be selected by each City Council with respect to the representative of each of the CITIES. Such member appointed shall be a member of the Board of Supervisors or City Council and shall serve at the pleasure of such governmental body, The governing body shall elect from its own members a Chairman and Vice Chairman whose terms of office shall be two years. The Chairman and Vice Chairman may not be reelected to a second consecutive term in the same office. An alternate may be appointed by each member jurisdiction and such alternate may act for the member jurisdiction in the absence of the regular member of the governing body. 3. The members shall each have one vote in all matters brought before the Agency provided, however, that on any matter affecting any member CITY or COUNTY a no vote from the member of the affected CITY or COUNTY shall prohibit the Agency from taking the proposed action within the affected jurisdiction's boundaries. The no vote provided for in the precedent sentence may be cast by a member within thirty (30) days of notice of the proposed action, In the event a no vote is not cast in such period it shall be deemed waived. 2 4. A majority of the members of the governing body constitute a quorum for the transaction of business. No act of the governing body shall be valid or binding unless a majority of all the members concur therein. 5. The Agency shall not have any powers over any uses, zoning or subdivisions on any area within the boundaries of its member jurisdictions. 6. The governing body shall maintain and implement those provisions of the Special Area Plan (which consists of a diagram or diagrams and text containing a description of the needs and goals of the region and statement of policies and goals for the Richardson Bay area) relative to: a. Mooring, dredging and navigational channel implementation including but not limited to the establishment and enforcement of permitted anchorage zones, navigational channels and fairways plans and similar activities. b. Public services and facilities which by the nature of their function, size, extent and other characteristics are necessary or appropriate for inclusion in the Special Area Plan. Such facilities and services may include, but are not limited to, water based police and fire protection, sewage pump-out facilities for vessels, enforcement of a vessel sewage no discharge area when given authority by the Environmental Protection Agency, and public docks or moorings. 7. On or before May 1 of each calendar year the Agency shall establish the amount of money necessary to support its activities for the next succeeding fiscal year commencing July 1 of that year provided, however, that the opportunity to exercise a "no" vote contained in Section 3 hereof shall be given each member prior to 3 May 1. The parties shall parties hereto as follows: Aaencv County Sausalito Tiburon Mill Valley Belvedere contribute to the Agency among the Percentaae Share 42.5% 35% 10% 5% 7,5% Increases in agency revenue in keeping with the cost distribution formula may be changed by a resolution of the governing board of all member jurisdictions. (Per amendment adopted 1997 by all parties. ) 8. Clean-up of pre-existing conditions in the Bay shall be the responsibility of the individual jurisdictions. This includes costs of legal action taken by the individual members. Coordination of this clean-up activity is essential to the success of this Agreement. 9. Following establishment and funding of the Agency, Agency shall have power to enforce such regulations to accomplish the provisions of paragraph 6 of this Agreement as it may adopt from time to time. Costs of such enforcement shall be borne by the Agency including necessary legal costs. The RBRA Harbor Administer is designated to enforce agency ordinances and regulations including the issuance of citations for infractions in violation of RBRA Ordinances which include but are not limited to the violations listed in "Exhibit C", attached hereto and by this reference incorporated herein, (Amendment adopted 1999 by all parties). 4 10. The Agency shall have the power to issue citations and perform other enforcement actions in the name of the Agency. 11. The Agency shall fix and collect reasonable fees for services rendered by it from persons other than its member jurisdictions. 12. The Agency shall be strictly accountable to any party for all funds paid by them to the Agency and shall be strictly accountable to all participating bodies for all receipts and disbursements, 13, The Agency is authorized to receive gifts, donations, subventions, grants or other financial aids or funds. 14. The Agency may not obligate itself beyond the monies due under this Agreement for its support from the several parties for the current fiscal year, plus any monies on hand or irrevocably pledged to its support from other sources. No obligation contracted by the Agency shall bind CITIES or COUNTY. 15. Agency shall have the power to deliver or contract with any member hereof, or any governmental entity located within the area depicted in Exhibit "A", for the provision of police protection services. 17. This Agreement shall become effective when representatives of all of the parties have executed it and shall continue in full force and effect until terminated by an agreement executed by all parties, This Agreement supercedes the Richardson Bay Joint Exercise of Powers Agreement dated July 16, 1985, under which the member agencies have been acting until the execution of this Agreement. The member agencies hereby ratify the prior acts of the Richardson Bay Regional Agency. 5 18. Agency is hereby authorized in its own name to do all acts necessary for the exercise of the powers described in Paragraphs 6, 15 and 16, including but not limited to any of the following: to make and enter into contracts; to apply for and accept grants, advances and contributions; to employ agents and employees; to sue and be sued in its own name; to incur debts, liabilities or obligations; to issue bonds, execute warrants and other evidence of indebtedness; to finance costs and expenses incidental to the projects of Agency; and, to exercise jointly the common powers of the parties set forth above. Agency shall have the power of eminent domain but not the power to levy ad valorem property taxes. 19. Agency shall appoint a Treasurer from among the senior management staff of any of the member parties provided that the member agency is amenable to the same. The Treasurer shall be either the Auditor/Controller or Treasurer of the COUNTY or the Treasurer or Finance Director of one of the CITIES. The Treasurer shall serve as the depository and have custody of such books, records, funds, and accounts as may be required by reasonable accounting practice, Government Code Section 6505, or by another governmental agency. (Amendment to original JPA, approved by all parties in 1992,) 20. Regular meetings of the governing board of the Agency shall be held at such times and places as shall be established by it by resolution. All such meetings, including regular, adjourned or special meetings. shall be called, noticed and held and conducted in accordance with the provisions of the Ralph M. Brown Act, Sections 54950 through 54960 of the Government Code of the State of California. 21. Agency shall have the power and authority to issue and sell revenue bonds in accordance with Article 2, Chapter 5, Division 7, Title 1, and Chapter 6, 6 Division 2, Title V of the Government Code, and such other relevant provisions of law as may now or hereafter be applicable. 22. For purposes of referendum and any necessary votes on taxes on Agency- wide basis, the boundaries of Agency shall be as depicted on Exhibit "A" and as described in Exhibit "B", attached hereto and by this reference incorporated herein. Under applicable law, Agency may form improvement districts. Bond elections shall be conducted pursuant to the Uniform District Election Law and applicable provisions of the California Elections Code. 23. Agency shall have and exercise all powers conferred on local agencies by the provisions of law with respect to revenue bonds, Revenues required to provide monies for bond interest and redemption of other bond funds in connection with revenue bonds issued by Agency shall be derived from user fees and service charges, which charges shall be determined by the governing board of the Agency, 24. COUNTY or a CITY may withdraw from Agency, which withdrawal shall have the effect of requiring either a renegotiation of this Agreement or dissolution of the Agency. Any member wishing to withdraw may do so only on July 1 of any such year, and shall provide the Agency with at least 180 days' notice in writing of its intent to withdraw. Upon dissolution of Agency funds and property shall be distributed as follows: a. discharge of any liability shown on the books of the Agency; b. any remaining assets to be divided according to the amount of contribution by COUNTY and CITIES. 7 The distribution of assets may be made in kind or assets may be sold and proceeds thereof distributed to COUNTY or CITIES, provided, however, that all facilities and rights assigned or transferred by COUNTY or CITIES to Agency shall be reconveyed to said COUNTY or CITY free and clear of all encumbrances and liens of any kind not in existence at the time of conveyance to Agency. Upon dissolution of Agency the responsibility of COUNTY or CITIES to contribute to the discharge of enforceable liabilities incurred by Agency shall be limited to the portion that the contribution made by the COUNTY or CITIES bears to the total contributions made to agency from the effective date of this Agreement to the date of dissolution. 25. In the event that liability is imposed upon the Agency by a court of competent jurisdiction by reason of the negligent or willful act or omission of it, its officers or employees, in the performance of this Agreement the money judgement shall be paid in the ratio set forth in Section 7 hereof. IN WITNESS WHEREOF, the parties hereto have entered into this Agreement the day and year first above written. List of Exhibits: Exhibit A - .Key to Plan Maps" Exhibit B - Legal Description of Richardson Bay Boundaries Exhibit C - "RBRA Bail Schedule" COUNTY OF MARIN DATE: BY CITY OF SAUSALlTO 8 DATE: DATE: DATE: DATE: BY CITY OF BELVEDERE BY TOWN OF TIBURON BY CITY OF MILL VALLEY BY LC:mag:ss:f: RBRA:RICH.BA Y JOINTEXERCISEOFPOWERSAGR. DOC 9 09/22/ 00 14: 00 F.U 415 5Q7 4104 ADMI~ISTRATION OFFICE IilJ 003/005 EXHIBIT A 3 <n > :z 2 ':' . ~eJ \'...-.......... 1 ... :0 > :z <> en <> o c-~~(/--~__~_~ r." '" > '" ...... 0 -000 ".. I . r FeeT Key to Plan Maps 1-5 09, 22,00 1~,02 FAX 415 507 4104 .-\D~I'!STRATIO' OFFICE ii!I 004/00:; .' r: EXHIBIT "B" The boundaries of the Richardson Bay Special Area Plan are beginning at the point of intersection of the Marin/San Francisco County line and the Sausalito Shoreline at Cavallo Point, thence along a line connecting said point with the ena of East Road, then along the shore side of East ~oad to its junction with Alexander, thence along the shore side of Alexander to its intersection with 2nd Street, along the shore side of 2nd St., to its intersection with Bridgeway, thence along the shore side of Bridgeway to its intersection with US 101, thence along U.S. 101 to its intersection with State Route-i, along the shoreside of State Route 1 (Almonte Blvd, to Miller Ave., along the shore side of MIller Ave., to its intersection with Camino Alto, thence along the shore side of Camino Alto to its inter- section with East Blithedale, thence along its Shoreside to its intersection with Roque Moraes Dr., along its shore side to Hamilton Drive, thence along its shore side to its terminus, thence along a line 100 feet inland from the shoreline of Richardson Bay near the Goodman Marsh, thence along the westerly side of U.S. 101 to Seminary Drive, thence crossing U.S. 101 and fOllOWing the shore side of Seminary Drive to Great Circle Drive, thence along the shore side of Great Circle Drive to StraWberry Drive, thence along Strawberry Drive to its inter- section with Tiburon Blvd; thence along Tiburon Blvd. to San Rafael Ave, thence along San Rafael Ave. to I~est Sr.ore Road, thence along Belvedere Ave. to its intersection with Beach Road, thence along the shore side of Beach Road to its intersection with Bellevue Ave. thence along the shore side of Bellevue Ave. to its intersection ~lith Main Street, thence along 11ain Street to its intersection with Paradise Drive, thence along the shores ide of Paradise Drive to Point Tiburon; and inclduing all water areas encompassed therein, and thence along the Tiburon Town limit line to the Marin/San Francisco County line and back to the point of beginning. >- ~ " -<: ~g ~~ ?;:lI> =~ ~= CIl Q ~ 0( Q ~ SOO/SOO ~ ~ ~ ~~&&~~~~ + + + + + + 8 + QOCCe~ Q ~:::l~n:j"MM:::l i -::~IRlj;;I;;; . r-.. 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'i .Ij ~ '0 ] j :s J!. ~ . ... ] .:! i ~ ~ J tOIt LOS SIt XV~ to:tl OOIZ6i60 TOWN OF TIBURON STAFF REpORT ITEM NO. MEETING DATE: 10/4/2000 3 To: From: Subject: TOWN COUNCIL SCOTT ANDERSON, PLANNING DIRECTOR ~ BEL VERON WATERSHED DRAINAGE FEES INCREASE TO REFLECT RISING COSTS OF CONSTRUCTION SINCE 1985 SEPTEMBER 26, 2000 Date: BACKGROUND In March 1986, the Town of Tiburon adopted drainage fees for the Belveron Watershed that centers upon Trestle Glen Boulevard and the Belveron Gardens Subdivision. The fees were imposed on new development to fund drainage improvements in that area, which had long experienced periodic flooding. A majority of the needed drainage work was constructed by the Perini Land & Development Company in approximately 1987 as part of subdivision known as "The Preserve". All homes on Turtle Rock Court and Indian Rock Court are part of this subdivision No other developments have occurred in the Belveron Watershed since that time, and there has been no need to update the fee. However, the final two undeveloped parcels in the Belveron Watershed (the two pieces of the former "Cherry property" along Trestle Glen Boulevard) have now filed for Precise Development Plans, with subdivision applications to be filed possibly as early as year's end. It is the appropriate time to adjust the drainage fee to reflect the increase in construction costs since original drainage cost estimates were prepared in 1985. These two projects combined would generate approximately $80,000 in drainage fees to be paid to the Town of Tiburon Alternatively, one or both of the projects may opt to construct the actual improvements, as Perini Land & Development Company did in 1987. The necessary drainage improvements focus on expansion of the culvert underneath Juno Road where it meets Trestle Glen Boulevard, and improvements to the open ditch upstream from that point. ANALYSIS Town Staff contacted Marin County Staff to ascertain the correct adjustment factor using standard construction cost indexes. Based upon the Lee Saylor/Engineering News Record tables, Tiburon Town Council Staff Report 10./2000 the appropriate adjustment for April 1985 dollars to today's dollars for construction projects is 1.41. This means that the same project will cost about 141% of its 1985 costs if built today. Chapter 14A of the Tiburon Municipal Code allows the Belveron Watershed drainage fee to be adjusted by Resolution of the Town Council. Staff has prepared such a resolution (Exhibit 1) for adoption by the Town Council. RECOMMENDA nON Adopt the draft resolution. EXHmITS 1. Draft Resolution. Tiburon Town Council Staff Report 10/4/2000 2 RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REVISING THE DRAINAGE FEE COLLECTED FOR THE BELVERON DRAINAGE WATERSHED WHEREAS, on March 15, 1986, the Town Council of the Town ofTiburon did adopt Ordinance No. 316 N, S. amending Chapter 14A of the Tiburon Municipal Code to include the imposition of drainage fees for new development projects located within the boundaries of the Belveron Watershed; and WHEREAS, said amendment to the Municipal Code, in section 14A-4 set forth a mechanism for fee increases to be adopted by Resolution of the Town Council, ifit finds that estimates costs of construction of the drainage facilities have increased; and WHEREAS, the estimated costs of construction were made in April 1985 dollars and the costs of completing the necessary drainage improvements to the watershed have increased since 1985; and WHEREAS, using standardized construction cost indexes (Lee Saylor Index and the Engineering News Record), the Town ofTiburon has determined that April 1985 dollars must be increased by a factor of 1.41 to reflect today's dollars. NOW, THEREFORE BE IT RESOL YED, that the Town Council of the Town of Tiburon does hereby increase the Belveron Watershed drainage fees set forth in Section 14A-3( c) of the Tiburon Municipal Code by a factor of lAI (141 %). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon held on , 2000, by the following vote: AYES NOES: ABSENT COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: THOMAS GRAM, MAYOR TOWN OF TlBURON ATTEST: DIANE L. CRANE, TOWN CLERK h..::lv..::nm drainage fees res.doc FAIR POLITICAL PRACTICES COMMISSION 00 ~JU~ ~ 2U2~O [Q TOWN AlTORNEY'S OFFICE TOWN OF TIBURON 2000 Conflict of Interest Code Biennial Notice for City Attorneys and City Clerks JJek # 1- The Political Reform Act requires every local government agency to review its conflict of interest code biennially to determine if it is accurate or, alternatively. that the code must be amended. Once the determination has been made. a notice must be submitted to the code reviewing body no later than October 1 of even-numbered years. The City Council is the code reviewing body for city agencies. Therefore, the City Council must. no later than July 1, 2000, notify each city agency to review its code and submit a notice (sample enclosed) to the City Council that either amendments are required or that no amendments are necessary, Notices must be submitted to the City Council by October 1, 2000. The notice is not sent to the FPPC. If amendments to the city's code are necessary, the code must be forwarded to the City Council for approval within 90 days of submission. For example. if an agency files its notice on October 1. 2000, indicating an amendment is necessary, the amendment must be submitted to the City Council by December 29, 2000, An agency's amended code is not effective until it has been approved by the City Council. The FPPC is undertaking a year long project to rewrite and simplify the conflict-of-interest rules. This project addresses one of the most difficult and complex areas of law under the Political Reform Act. The Commission is seeking public comment on a proposed revision of the rules affecting conflicts of interest by public officials, You are encouraged to check our website for information. Enclosures V" Biennial Notice V" Worksheet V" Designated Positions Fact sheet V" Consultant Fact sheet AdoptingJAmending a Conflict of Interest Code Seminar Locations and Dates Walnut San Jose Monday, Sept. 11 Wednesday, Sept. 20 Council Chamber Council Chamber 21202 La Puente Road 801 North 1 st Street 12:00 p.m. - 2:00 p,m. 1 :00 p,m. - 3:00 p.m, . . . Sacramento : San Diego ROV Wednesday. Sept. 13 Thursday, Sept. 21 FPPC Dept. of Planning & Land 8th Floor Hearing Room Use. Conference Hearing 428 J Street Room. Ste. B 10:00 a,m, - 12:00 p.m. 5201 Ruffin Road 1 :00 p.m. - 3:00 p.m. ..... Santa Ana Torrance Thursday, Sept. 14 Wednesday. Sept. 27 Santiago Lawn Cultural Arts Center Bowling Clubhouse Music Room 510 East Memory Lane 3330 Civic Center Drive 1 :00 p.m. - 3:00 p,m. 1 :00 p,m. - 3:00 p,m. : . Rohnert Park l Fresno Monday, Sept. 18 Thursday, Sept. 28 Council Chamber Council Chamber 6750 Commerce Blvd. 2600 Fresno Street 11 :00 a.m. - 1 :00 p.m. 1 :00 p.m. - 3:00 p.m, To register for a seminar call1he FPPC at (916) 322-5660, press 3. Seminars are subject 10 change. P.Q, 80x 807, Sacramento, CA 95812.0807 (916) 322-5660Jwww.fppc.ca.9OV CA,CC - June 2000 2000 Local Agency Biennial Notice Name of Agency: IDVN OF TIBURON 1505 Tiburon Boulevard, Tiburon, CA 94920 Mailing Address: _ Contact Person: Town Attorney or Town Clerk Office Phone No: (415) 435-7373 (415) 435-2438 Fax Number: E-mail (optional): -.--- This agency has reviewed its conflict of interest code and has determined that: o The code needs to be amended and the following amendments are necessary: (Check all that apply) o Include new positions (including consultants) that must be designated o Revise the titles of existing positions o Delete the titles of positions that have been abolished o Delete the positions that manage public investments o Revise disclosure categories o Other E3 No amendments are necessary, The agency's code accurately designates all positions that make or participate in the making of governmental decisions; the disclosure categories assigned to those positions accurately require the disclosure of all investments. business positions, interests in real property and sources of income which may foreseeably be affected materially by the decisions made by those designated positions; and the code includes all other provisions required by Government Code Section 87302, Al M In Signawre of Chief Executive Officer ex c tyre, Town Manager Date You must complete this report regardless of how recently your code was approved or amended. Please return this report no later than October 1, 2000 to: (return address of agency) LA - June 2000 TOWN OF TIBURON STAFF REpORT ITEM NO. ~ MEETING DATE: 10/4/2000 To: From: TOWN COUNCIL SCOTT ANDERSON, PLANNING DIRECTOR~ ROBERT KLEINERT, FORMER TOWN MANAGER ZELINSKY PARK:' LANDSCAPE PLAN UPDATE SEPTEMBER 29, 2000 Subject: Date: BACKGROUND The Town approved the construction and improvements of Zelinsky Park in April 2000. This followed years of working on plans to improve the area behind the Town Hall and Public Library buildings and install a suitable feature of recognition for the many contributions of the Zelinsky Family to the Tiburon Peninsula. Site grading, installation of drainage lines and asphalt pathways, and partial removal of invasive vegetation was performed in early summer. Since that time more detailed landscape, irrigation and improvement drawings for a portion of the park have been prepared by Ralph Alexander & Associates. These drawings will be on display at the meeting and depict: · Landscaping in the form of flowering crabapple trees; ground covers of dwarf coyote brush and Australian fuschia; vines of Chinese Wisteria for the arbors; and dwarf fescue for the lawn area. · Irrigation in the form of pop-up head sprinklers and drip irrigation lines run by an electronic controller. Costs of installing (or upgrading) a water meter are not included, nor is the purchase of additional water allocation from MMWD. . Four benches located around the semi-circular lawn area. · Two picnic tables, each adjacent to an existing trash enclosure. Each picnic table would have an arbor over it. The drawings appear consistent with the April 2000 approved drawings. The Town Council is required to review these more detailed drawings under the terms of the ordinance adopted in 1999 to streamline the permitting and approval process for Zelinsky Park Town Council Staff Report 10/.//2000 1 ISSUES Cost Ralph Alexander & Associates has submitted an estimated project cost totaling $83,000.00 (Exhibit 1). Staff considers these costs somewhat high. The Superintendent of Public Works estimates that the cost could be halved (see Exhibit 2). However, it would probably take longer to complete the project using primarily Public Works Department labor. Location of Arbors Staff believes that the two arbors are located too close to the trash enclosures. Furthermore, they are located over the top of the high-pressure sewer line within a IS-foot wide sanitary sewer easement. The arbors and picnic tables should be moved outside the sanitary sewer easement to the southern edge of the semi-circular area and closer to the walkway. The design and placement should minimize view obstruction from the Library building. Landscaoe Irrigation Three (3) options are currently being considered by Town Staff: I. Use of the Library's water meter and reimbursement of all water costs to the Library Agency. 2. The Town purchasing a new and separate water meter and water allotment specifically for Zelinsky Park. 3. The Town increasing the size of its existing Town Hall water meter to serve Zelinsky Park. Other Elements of Zelinsky Park The drawings do not address a few other elements of Zelinsky Park previously approved. These are: I. The placement of a suitable device recognizing the Zelinsky Family. 2. Removal of the extensive invasive landscaping that surrounds the Park, including the acacia trees near Railroad Marsh. While earlier grading activities displaced about half of the invasive plant material, a significant amount remains alive, especially between the semi-circle and Railroad Marsh, along Mar West Street, and behind the adjacent unpaved parking lot. Most of the previously removed invasive vegetation has simply been pushed against the trees outside the semi-circle. Town Council StajJReport 10/4/2000 2 RECOMMENDA nON That the Town Council give strong consideration to the Town's Public Works Department implementing the landscaping improvements and approving the Staff-recommended modifications to the drawings. EXHIBITS 1. Cost estimate from Ralph Alexander & Associates dated 8/25/00. 2. Memo from Public Works Superintendent dated 8/31100. Zelinsky parktc2 report.doc Town Council StafJReport f 0/4/2000 3 ralph j, alexander & associates landscape architecture land planning urban design 591 redwood highway mill volley. co 94941 (415) 388-8777 .' Job cost~sr t. Status _ Dale By ~~ Revisions UNIT --------------------------------------------------------------------------------------------------------------------------------------------- REMARKS ITEM QNTY UNIT COST ITEM SUB TOTAL TOTAL ------------------------------------------------------------------------------~-------------------------------------------------------------- l.~ -L L..!3' - b:l1W. . 2.~;t, -14--7 ~ fW. ~o. GI1 ~ \~ 3.-f\v\.6~ ~ ~ ,10 ~ 4. ..:r~ II ~ /5"0. -' I (;(;lJ . 5. V~ 4-- ~ ~q; !ft1, 6.~ ID1:=..- ~ -.la2 CjfbO~ 7. SoJr ..111b- ~ 1';;0 ~ 8.~ 777+- -7E ,~J,bet?, 9.J:/.6. f~ 4cit- ~ -f,l1O'l,O*+.t 1O..A\c..'f~ ----21L2-.2E b,'iO ~ 11. ~ 1-- 1;6 Jo,t7t1l? Wf(}()O I 12.~ ---=L M ~ _4.0q7. 13.~ ~ ~ -1,rJO ~ 14.~~ ~ 7F ---.1L ~ 10 . 15.~ 1- ~ tJ.,Cj(J(L '1iOOO,j, t't \ :: ' :~~~ 18. ?JJ;![)~7 . ~_ 19. 20. lq B,L. Ii ~I C , I ~IC, '2-11 VA 3"'~ , ~~~~ .fc, ~ /, ,.~ ~ Ex...1fIBIT No.L TOWN OF TIBURON MEMORANDUM , .;o::,~ OF--TI ~v. ~(~ ~ \.\ "<<Jf/:,: ..;.~ ~ o. ,'~ ,,"" "'rvlA \~v '..... . To: TOWN MANAGER From: SUPERINTENDENT OF PUBLIC WORKS Subject: ZELINSKY PARK Date: August 31, 2000 Per your request on August 21,2000, the Public Works Department has prepared a landscape plan for Zelinksy Park, as well as estimates for construction costs. We think we can cut the Ralph 1. Alexander & Associates estimate ($83,037) in half and do the job complete for around $40,000. Part of the project (A.C. paving and cement pads) will be contracted out. This work will run around $4,000 - $5,000. All of the remaining work will be done under my supervision. Attached to this memorandum are: . Landscape & Design Proposal by Ralph 1. Alexander . Landscape Proposal prepared by Public Works . Quotation from Mill Valley Lumber (wood for arbors) If approved, I would like to start this project after we finish our pre-winter maintenance, We will also need a letter to MMWD to start the water meter application process, Once this has happened, and they have approved our landscape plan, we will be able to start work on the park. Please feel free to call if you have any questions..-- I' Ton!.~ ~~' ~/ Superintendent, Public Works Attachments EXBIBIT NO. :L . . . --- - --- ~- ----- ------ -- --.----- - ~..__._--------- ----.- --.... -. -- ..... ".-- ---.---.- . IR((I~o".t:-____ ...,._ _.___ u.___.._._ __._______.___.. -.-------.-- "'_. __. '.'U' . lC/lAL. n I~ xr'340 . l~~~~ . WPr~ ~l >{ Pi<. 3~t1'~1 ,q 1~1{U)L. -tOO IJA~ I~" _~.s l _ ~(d)1 CI 31S" r~~I..__..__L~5.qo .. ~/SeI"-J:(O Jl ".~t _ "it!'...t;?Q .__. .--~(< ~&r1lU'( ({)~T~ bSO.cc frmubs. lJ\RE,. _€.rc... ..____350. b'O . De\" \{(it. ~T" fnuLl(,$' .. . $~.co ~ .... __..m :l.s .o() 'B~~., . ,..__.l.fJ4 .&0 ~ -IAAI6A1iotJ . _ ~rJCt:I.()O J.~ - ('AVuJ(r -'\60.00 lAA,/,A"\\of-,) - b~ ~q.).~ 11..Au\'i,.J(,- - ~\L (1"10 c.,) --rR~G. S (II) t(l.O\J~OCoJ"R.. (5;'0) \I \ t:lG.. ~ C:!) -H<.t~oSU~ ~~ ft'\\J l.(., *. JiAGo{l.. 1>1-fun1 L.) b- ~ ~goo. 00 SS3.C'D \~..:lD. 00 S4.~o /050.00 \ Seo. DO it -. SO. 00 I~)O";;'.~ /...A1.J~ 5CWL """Vil'lt.- /15', ~~ \ . J..4 " . 8-30-2001.2J '. 17PM FROM M [LL y ALLEY LLMBER 4 5 383 7345 MILL V ALLEY LUMBER CO. 129 Miller A"etUIe Mill Valley, CA 94941 (415) 388-3532 F.U (415) 383.7345 [;).2 PliUi,'<<J TEIlUS OF ULe . we REQUIRE STRICT COMPLIANCe WI'!"H THE FOLLOWING: NO CWMS FOR SHORrAGE ALLOWEO UNLess AePCRTEO Wl114IN 2' HOURS AFTIlfI CILNIRY. CARTA<;i1i ANO HANDLING TO Be CHARGec ON ALL RETURNS, MATERIAL OFlllEREO.SF!EC1Al. Nor TO BE I'l!TURNEO, IlAl.ANCI IN EUU, llUI! 21TH OF MONTH FOlJ.OWING PURCHASE. SSlVlCe OIARGe .U THE RATli OF l\lt% PER ltON11fc (1e% AHHUAL) ON ALL OVERllUE ACCOUNT.. ALL OIL.IYIRIes MIl TO CURB LIlli! 0.... Y. WHEIIIHSTRUcreo TO CIlOS$ SIDEWAlJ<S WE Do 8O,AT O.Wl/IlI'S RISK. '::.',:;,.':"! ,.," P. DRlE. 8/31/00 ,,.,:.. ,'.:~X!':~:' L5I>R, . 57 ilHDY ,. TAX, 001 CAt S~;wE TAX ,. I I I , " '. !."J.,.,',.".'.t..' ..:1-., s"i:i*;'~.;i)''', ,:~'~,~.r~" ',.>'.i..:QESCRlP:T!ON- : \<'?"','_.:." 2lIG -IG' RIID SolS DftX HEART GX6 RIID COH-lIRl S.S GRN-PEll lFT 16/14, W16> .Xl0 R~D C~N-~l 545 GRH-PtR LFT 4iao' 2XlO RWD CIlN-HRT S.S GkIHEIl LFT 4/20' JlC4 kWD CON-H~T SAS GhH-PE.k lfj 221~O' 2051 lEA '-,' 2.25 7.a3 I '.0& M I 3.3'1 80 2..e;3 ..0 I so EASI'f M t!l SIlE ~.ua lEA HO Ell SI'E 3.3~ IE!l ii q '. , " , ;i' I :r~:?:lllTAm':' PRICES MAY FLU~l:': DUlilO MAliKEtCONDmOi'l I 'x. I . .. ESTIIlATE .. ES~IIIAn: .. ESTIMATE.. ESTlMRTE .. RECElVEO BY <TONY IACOPl ) TA1JlBtE IIGH-TAWLE SUBTOTAl ..~ . i 1.-. , '. .1. ~_. TAX IlIIlICJI!T I TOTIlL~. DOC' 8052. UIUUHMifl . 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I I I I 72/i.40 . 271.20 . 1,139.00 . &446..00 0.00 Ga4..oo, .-. ,--~_I 496. 34 7J42.0J4 TOWN OF TIBURON STAFF REPORT TO: TOWN COUNCIL AGENDA NO.: 7 FROM: SENIOR PLANNER WATROUS SUBJECT: APPEAL OF DESIGN REVIEW BOARD DECISION TO APPROVE SITE PLAN AND ARCHITECTURAL REVIEW FOR AN ADDITION TO AN EXISTING SINGLE-FAMILY DWELLING WITH A VARIANCE FOR REDUCED SIDE YARD SETBACK (684 HILARY DRIVE) MEETING DATE: OCTOBER 4, 2000 APPELLANT - IRMGARD BRUNNER APPLICANTS - CAROL WEISS PROJECT DATA: ADDRESS: ASSESSOR'S PARCEL: FILE NUMBER: LOT SIZE: ZONING: GENERAL PLAN: FLOOD ZONE: DATE COMPLETE: CEQA EXEMPTION: 684 HILARY DRIVE 55-182-14 200032 7,578 SQUARE FEET R-I (SINGLE-FAMILY RESIDENTIAL) MEDIUM HIGH DENSITY RESIDENTIAL C .JULY 28, 2000 AUGUST n, 2000 BACKGROUND: On August 17,2000, the Tiburon Design Review Board granted Site Plan and Architectural Review approval for the construction of an addition to an existing single-family dwelling, with a Variance for reduced side yard setback, on property located at 684 Hilary Drive. Irmgard Bnmner, the property owner of the nearby home at 681 HiIary Drive, has now appealed this decision to the Town Council. T1BURON TOWN COUNCIL STAFF REPORT OCTOBER 4, 2000 1 PROJECT DESCRIPTION: The applicant requested Design Review approval for the construction of an addition to an existing single-fumily dwelling on property located at 684 Hilary Drive. An existing carport at the front of the house would be demolished. A new one-car garage and a utility room would be constructed at the location of the removed carport. A new entry would also be constructed leading to the fumily room, with a covered entry portico to the side of the proposed garage. New skylights are proposed above the existing living room and the proposed portico. The proposed garage would extend to within 5 feet of the side property line, As the required side yard setback in the R-I zone is 8 feet, a variance is requested for a reduced side yard setback. REVIEW BY THE BOARD: The Design Review Board reviewed the project (File #200032) at its August 17,2000 meeting. At that time, concerns were raised by Ms. Brunner, who owns the property across the street at 681 Hilary Drive, regarding the proposed addition. Her concerns centered on potential view blockage from the proposed addition, as her house has a slight view of Richardson Bay across the exiting structure. She presented historical photographs indicating the view from her house across the subject property. Ms. Brunner indicated tbat the addition should not cause any problems if the proposed ridge height was constructed as shown by the story poles erected for the project. At the hearing, the Board members reviewed the submitted photographs, and indicated that they could support the proposed project, as the ridgeline for the proposed addition would not exceed the ridge height of the existing house. The Board voted unanimously (3-0). On August 25, 2000, Ms. Brunner filed a timely appeal of the Board's decision. BASIS FOR THE APPEAL: There are two grounds upon which the appeal (Exhibit I) is based: Ground #1 The story poles did not give an accurate picture of the proposed addition. Staff Response: The story poles erected for the proposed addition included one pole at the ridge line where the addition would attach to the existing house and two story poles indicating the eave heights at the front of the addition. No story pole was erected at the ridge point at the front of the proposed addition, as such a pole would need to be placed in the middle of the driveway, and would have obstructed access to the existing garage on the site. Although the story poles for this project were not exhaustive in nature, the Design Review Board determined that the poles which were in place were adequate to determine the extent of the proposed construction. The Board reviewed the photographs submitted by Ms. Brunner, and TIBURON TOWN COUNCIL STAFF REPORT OCTOBER 4. 2000 2 noted that the ridge height of the proposed addition would not exceed the roof height of the existing house. Ground #2 The proposed addition would impact water views from the house at 681 Hilary Drive. Staff Response: The appellant's house currently has views of Richardson Bay, Sausalito and a small portion of San Francisco from an exterior deck off the fumily room. These views are primarily across the subject home and the adjacent residence at 686 Hilary Drive. Goal 3, Principle 7 (A) of the Hillside Design Guidelines states that "view protection is more important for major 'ceremonial' rooms (living, dining, kitchen, deck) than for secondary rooms (bedroom, bathrooms, fumily room, etc.)." The appellant's deck should be considered to be a ceremonial area for the house. The appellant's house has a narrow horizontal water view above the rooftops across the street, and a small triangular "notch" of water view between the rooflines of the two homes. A tall utility pole partially obstructs this notch view from the appellant's deck. The notch water view is the only portion of the appellant's view that could be potentially be affected by the subject addition. The proposed addition would not interfere with the horizon line of the appellant's view (as described in Goal 3, Principle 7 (B) of the Hillside Design Guidelines), nor block views of important objects such as Sausalito or San Francisco (as described in Goal 3, Principle 7 (D) of the Hillside Guidelines). The appeal states that "in Tiburon, every bit of view is valuable." This may be true, but the Design Review Board is not charged with the protection of every bit of view for every home in Tiburon. The small notch of water view which could be affected by the proposed construction is a minimal portion of the overall view from the appellant's house and is already partially obstructed by a large utility pole. The impact on the water views from the applicant's house by the proposed construction therefore appears to be insignificant. CONCLUSION: Staff concludes that the Design Review Board followed the guidelines for Site Plan and Architectural Review and Variance applications and the Hillside Design Guidelines, and appropriately applied the guidelines in its review of this project. The potential water view impacts which the proposed construction would cause for the appellant were evaluated and determined to be minimal, and consistent with the view blockage principles contained within the Hillside Guidelines. T1BURON TOWN COUNCIL STAFF REPORT OCTOBER 4,2000 3 RECOMMENDATION: I) That the Town Council indicate its intention to deny the appeal; and 2) That the Town Council direct Staff to return with a Resolution to that effect for consideration at the next meeting. EXHIBITS: I. Notice of Appeal filed by Inngard Brunner, August 25, 2000 2. Application form and supplemental materials 3. Conditions of approval 4. Staff Report of the August 17,2000, Design Review Board meeting 5. Minutes of the August 17, 2000, Design Review Board meeting 6. Goal 3, Principle 7 (A) of the Hillside Design Guidelines 7. Goal 3, Principles 7 (B) of the Hillside Design Guidelines 8. Goal 3, Principle 7 (D) of the Hillside Design Guidelines 9. Photographs submitted by Irmgard Brunner at the August 17, 2000 Design Review Board meeting 10. Submitted plans T1BURON TOWN COUNCIL STAFF REPORT OCTOBER 4. 2000 4 " . ..... ~OF-'T'& ~~ o '\> ~ _ 0 ~~QO: ,~,/I~ < - ... - ... '",,' <0 ~ 0" <h..o, ~~IA \~V.,,, , . TOWN OF TIBURON RECeHfiED AUG 2 S 2000 (C:02I/ Cl5AA C! C;; !) ~~ , . - -' NOTICE OF APPEAL TOWN MANAGERS OFFICE TOWN OF TIBURON APPELLANT Name: J R.H b f\4}D 'R~R. Address: (j() .~D>< 230 ;0PIA,JUflVt,. ("/I riff" Telephone:~/r' Cf;(~ 22~2 (Work) (Home) ACTION BEING APPEALED Body: 11",.r-r/ () "' d 2 ~ (Jet;}; CA IA (.p r:lMl (;,/1, ~ 1'-1A C- " ; D n- D""; ~;:" A~ r:i ~~ Name of Applicant: :?l . ~ ~ I C,8~ H;7tJ:+y ~ T h... 1-0 V\...- Nature of Application: (~//I h U ~ 1 hl/1 ~ r:, eM C{ 3.e .- GROUNDS FOR APPEAL (Attach additional pages, if necessary) $~ cJ. gi~-R- ~J{;f&i cl~ c1 @~ I 0Wt~ .B/X1: hl-+ r ~l4d 'JJ- Last Day to File: J"'.- U - 0-0 v<--K if:: I t.f 17)... Date Received: 1f.-,t r- cfi) 2fY'Y"i~' ~. ,U)/ ~ ~~c+.'-I(~ EXHIBIT NO. ( f I ()I-~ Fee ($300,00) Paid: Date of Hearing: January 1996 cPt.< if<- J Town of Tiburon Desi5n Review Board 1505 Tiburon Blvd. Attn. M~ Daniel M Watrous Senior Planner and Planning Commission Irmgard Brunner P.O. Box 230 Tiburon, CA 94920 Au",'. 24, 2000 Dear Mr. Watrous, Dear Ladies and Gentlemen, This is to object to the construction planned at 684 Hilary Drive Ass. ?arcel No. 55-1d2-14 (DW)at its present design. . I own the property 681 rlilary Dr. across the street. (Assesors Map attachedJlhe new roofline will block some of the view I have towards the Bay and Sausalito. I was present at the Town Meeting on Aug.17, and expressed my concern, however,due to lack of time I was ill prepared to make a presentation. ?reviously, when other nei6hDo~ planned additions I had been approached earlier a~d received bUilding plans I could review at my leisure. This time I did not. The~~~ject caubht me by surprise. I !lad been out of town add wilen returnecA2. busy work sChedule. 'rhe earliest I could vie", the plans was 111hursday at 4FH, the same day tne ;fown ~'~eetin6 ""Cook place. ~ The story poles I looked at, did not give a true picture of the elevation. J The center pole was attached to the present car port roof which is 12 feet back ai' t~le ~ew raoi' '2~S~ T"2 ctc::'~' )J12'; lef. ",,", right were 9 feet long>- of which 2 inches were under ground showing a total height of 8 ft 10 in. It seems to me tne actual elevation will be 10 feet. ~\ DY Granting a variance the roof line will shift 3 feet ~ (se~ phot~s) and will bock some of my water view. ex ~; b 'T,j r +"]I In Tiburon every bit of view is valuable, in my case it is the only view I have, now - and for the future, if one expands the front living area. If the carport roof would be. tIttendjJd a.t ~ts present height there would be no problem. (09- ,S~, r oof"""f r,i~ 10 -U1e -1-r:S~!) Thank you very much for reconsidering the building plans and granting a Variance. to the left Sincerely, in c..l!t'>"1 H.5; %L!r<- I 3 ""'(;C7 ~/ ,'t [xh:h:~ .L lI~c13. EXHIBIT NO.~ p, 2- ~c{ EXHIBIT NO. \ p, 7-; cF ~ Ex1~b;-j I- A-6~ fJ~{) ~l.An:Y1er e: AAA~"I) ~ S~(1fU4 / ~ f).e.5 tVI- -J- (lie IV f'" ~',: ~'::. ~-;:,-;:_';- ~~ ,c--;;:~~\~ :" '~':".-~"~~:;':"$:~~;,t.', . ;. ~:~, "':"'.'-. (/)<1d~,1 > ,!f,."~>. i~~Cf A./J (:.J l} ,)"f# ;mryj (f}e?(VL..J- LlI e vo EXHIBIT NO. [ -P. 4. cF Y 35R [)rJtJt~ TOWN OF TIBURON LANLJ DEVELOPMENT APPLlCA TION :j:--:'~':: ,->,_. ;.- ~..,. TYPE OF APPLICATION Ii" 0 Cl)nditional Use Permit ~eSign Review (ORB) 0 Tentative Subdivision Map' '" 0 Precise Development PICHl ~esign Review (Staff level) 0 Final Subdivision Map 0 Conceptual Master f'lan g/ Variance 0 Parcel Map 0 Rezoning/Frezoning 0 Sign Permit 0 Lot Une Adjustment 0 Zoning Text Amendment 0 Tree Permit 0 Certificate of Compliance 0 General Plan Amendment 0 Underground Waiver 0 Other 1 !!](]: SITE ADDRESS: I'ARCEL NUMBER: APPLICANT REQUIRED INFORMATION r;,gif ;(dllfdi /)1< ' 5"5 -l~Z.-lLj PROI'ERTY SIZE: ZONING: OWNER OF PROPERTY: MAILING ADDRESS: CITY /ST ATE/ZIP: PHONE NUMIJER: J1i~~f:;'{j~'9 ;:; 1/-:'\S-7h9/ AI'PLlCANT: (Other than Property Owner) MAILING ADDRESS: CITY/STATE/ZIP: PHONE NUMIJER: FAX "n~"Tm~'G'~"'G'"'''' ~~ A f ~ ~~ MAILING ADDRESS: fl tJ CITY/STATE/ZIP: / ~ ~,'\.)..~/ISd.. PHONE NUMBI,R:_7'.2.l7 b ~ . fAX Please indicate with an asterisk (>;:) perSOIlS to whom correspondellce should be sellt. ~1'T10N OF pl,{OrOSED I'ROJ~T (attach sepa..ate sheet if needed): : ~!;/:'?1 r" ';flAoY 7lJ a tT# I' IV,} ,r-'-''7<- ~ I, the undersigued owner (or authorized agent) of the piOperty herein described, hereby make application for approv~1 of the plans :iubmitteu and made a part of this application in accordance with the provisions of the Town OrrjillallCCs, and I hereby certify that the information given is true and correct to the best of my k.nowledge and uclief. I understand that the requested approval is for my benefit (or tllat of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the TowlI and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorneys fees that might result from the III ird party challenge. Signature: ~ (j/~ (If other than owner, IIlU5t have letter fl'Onl owner) Date: .~Jr~noD I DO Nor wn/TE BELOW HilS UNE EXHIBIT NO. 2- f t D~~ R.E.HJRTRDC&RSSOC. TE~ No.S256855834 Jul 3,:0 8:17 No.GOl P.02 .., -. MINOR AL TERATJON SUPPLEMEN! R-"~!lI1I. ,,~~ ~ r_". u<>-.". '-'." :,=;; :~ ., t.- 1>:.6' .. .,", ,',,: i.il.- t"J JUL 1 7 2000 Please fill in the information requested below: . l. Brienv describe the proposed prClJeot (attaCh ..parale Shea ~ "Z~.t) .1!1k~ '''4./ f""~ -',' ~ PL/.;\'\"~':r; ~)~.'-'Ar:;!:i)Ei~f 10':..., i 0:-: -!-IBlF:Oi'j 2, Lot area in square fa.t (SectIon 1.05.12'): 7J ~71!!> Zoning: l2. -I 3. Proposed use of site (aXample: single 'amlly reSidential. commercial, tIe,): ExIsting ~/JJ.'JC ~u-V t:J -'~AL"J1ItoL ProPOU/l ~~.. 4, DesCtlbe any cl\an~s to pal1<ing area, incll./dinll number of par1cing spaces, tumaround or mal'leUllering areas. ~1..J1I!!. P..~-""tN~-, ~PA"'III:!!I. J.lI'!1UL~ ~~,.. n,IJIt::: "" 1::,,<j'I""R..."" Pb"T7"'''l L..-~v"'1"'ooL1 S ~Fpt....,,.... .-"!I"~~~ Yards (Setbacks from property IInt)(Seotion l.Cl5.2S)" "ronl 27 It, { ft. I~ ft. ft. ft. Rear 3S- ft. ~ ft. 3S'" ft. ft. ft. I Right Side 81D~<ft. -- ft. ~tI:>~r ft. ft. ft. Left Sida ft. Tb 'f~1I Ilik, I ft. S" t't. ft, ft. Maximum Height 1!7 J;Z ,>" ft. (Section 5.oe.OY)' ft. It. , :z,~ ft. ft. Lot Coverage ',8'?6 -tAZ.' (Section 5.0ll.08). .q.l't. aq.ft 2/tl2'8".q.ft. cq.ft. 8q.ft. Lot Cove~9a II :z.., Percent of Lot Ara. 0/. 5"". ,5 'Y. ~.'~ % % % Groll Floor Area l,e9'.q.ft. (Seetlol'l 1.05,06'- <<Z,6- 8q.ft. ~o3l,6.q.ft. sq.ft. a;q.ft. 'Section numbers In pwentheses re'er to specific proviaiol'ls or definitions in the Tlburon Zoning Ol'dinan~. SUPPLEMF.NT AL APl'tlCAnON FORM FOR MINOR AI. 'TV.A nON li2~199 PAOt 3 EXHIBIT NO. 2- f. 2..-0F S- ',,,",\-1... 1.1........"!:nl ca~I_~_e " TOWN OF TIBURON c'/~O' """." , 0 , z " . ~ _, z.l ~ ~i)... .,~: ,,-7 ""'" ,..v.... 1305 TIBURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (4IS) 435-7373 FAX (41.S) 435.2438 Planning Department (415)-435-7390 APPUCATION FOR V ARIAtb~ED JUL 11 ZOOO Front Yard Ordinance Requirement I~' Your Application 15'" PU\NNING DEPi\I:'::TMEN TOWN OF TISURON Variance Requested Condition Right Side Yard 20'/"W2S' B'_ g' 3<::>''''' Rear Yard Left Side Yard ..7' e:)cI"'~ Lot Coverage 30g i3 '0/ <;. <;,' aqsr'". 26.t:!3'" Height Area Per Unit Requirements Usable Open Space Sign Requirements Parking Expand Nonconformity Other (Please describe): CX:I-bTl N4 Lo TIS -+- J-/.OH-C,PN ~IU-t I /'I-/( F'lt-P.c- . TfI-G ;I,'DD' nolLJ 0.,.. A- ~El..f '1 A~,; .!..NO E/Vr:rz.f PClIIZ...T7~~ PI?~1-'I T7+i: I.P:D-r GI.r:>l!E: &P i""H-tE e-xtsrlf'l.q F~r1I...<r' , ~ 1~/,~ /'.J''''u nlJa,e;, THIS 2,' EN.....D~__J.lM~T &>P ~ -G{pe.y'~ 6er~, EXHIBI'f NO. "2- ~, 3, zr5" E,;.;;Cc".. , .'"'- nt- 1':~ ~/ 'N-' JUL 1 1 2000 PLANNING DEPld-l! '-'.'ic.r~ i TOWN OF TIBURON I. ______TJft=., '--<9 ,_ l2--$"'~~~~_A,tl~<G.n~'9_~-/A.) ---)rr.",P',:1P1" t;;PV.,~_1_1J.)~__ ->/Q($y~.A&_AP/./Z7p. . _ ,___J1-T T~__~_~tl2!:!LWC"Ca..t2,_,~CLble:v'6r_, rc.>__~~h5:-ti nnn_ _ _1N_~___'J'7:?'nE,~~__d~ 711&..Y.!?~,__4",1f.)4___H OVt tt<Er- J1t-/g._~ ~Iii_ _..h.~__'1l2_THEi'n ~LTr /..I~(.{~I2.~&i_IT',._ n__]2:> _~~ _TtI~__~-t.S"T'7IJ?r_~UDP-&W._~JZ".rth2:JdV t'H-L.r~ '-n---.n_2~___~___e'1Ct~TTt:lCr__~~g,.T._~~RRef,~~LL'lR.e_ ___un_un _u/V~/qtt-rtdj__ft~_ O~,~ AD V~7'."" =_We;1:~~tll~ n_,1>~r-r!__6e~__/fL~ j21L~ni__&&~ ,12~1t'E>__/:M:Yg, H~gs.. ULT]fg__C4,:?.g,_~E_,G..~6 tij~- PA-Ll.-'g/~, _,c1~~ (;?_~~__R!_f.::~-~..'/r~~'_flPN_. .._ '-_hl./$t'r_~.__ __c..~c::- #_~/r11t-~ n_~fo5:,.,___~D__$Ph<:!.E,/1-$ Air .i.~~'(.e _ t<-<- If fJtt::Icr.~",.~._ ____ ..-,______ --- .~_.._. ---.---....-.---....--.--........ -_.._--_._~._----- ---- -- -----------_....-._- . ".....of -3 ._W/T1f?!.AJ_/'!'7Y..__t!!F!f.J=-f-5:>.2~__cd'[lu'~_L~~_.. ' ~rz:>~SF,j~C.B_ ,_,_. ____ ,_IT _.12Y",-,- ;" .J~ J21E'Flr.(,'l-r::~TP--pp_~pI!l-tfAj3,j!Y~n_ n _,f:?l<::E(::'SfE5Q_'L~_~~AL;::>'$...._.~p ~--.1lt~~ ~'1--'TJ?<:f!'.E.~ __ n_~.7JZ~.1a__~ E_.lf!.~ e:5, ~b,,_k;._c:pJ,/./.EL!::1 ~r._/~.. n$/~ __'13?,.~ _ W/T-:t', D.Lf.-[~_~~""J.<.Ml_th t.JflJ:'_lj.~IJ..!.' V LA/.~ MI:2V~ . _Cj~~u n1d~~'l?'__j~_~~=_n_I'j'i,,~ ;!"~_~C{r..6>IP,?/c;.lt-"'-n_. _,___~_____ _~L2,J!h2R_____.:rr:>_,~ A LSLltf!!Ik:-~_~k.~_$IA~,_ ,IT j:2_12~/_<<P,t!:!l;?,__Le.,_.J1/~!!:-'l7f:tg _~t!!!P~ ,~g-~ 4. .. A-? MtvYrnt;J~~..P#~~St-'1- (s=::z. ~v...') tM- Y !fsrj:;/fPl:::>lL ,@... ~lYt ffff-'5 /'t~m~~ J-I6LV.4~ti?".1- k/~C(u> Bt'HMZI/(Alf ~1f.6 ~i7, P#>P~_W~ ~6LE5XHV -IB~ !-I6TMtIt6o,L'PI=P. , 1 1'1" NO. Z-- p Lf 01-5' / 7""'.~'......... //,>'c , -I ..;1 .".~ EXHIBIT NO. L P s tF;- CONDITIONS OF APPROVAL 684 HILARY DRIVE FILE #200032 1. This approval shall be used within three (3) years of the approval date, and shall become null and void unless a building permit has been issued. 2. The development of this project shall conform with the application dated by the Town of Tiburon on July II, 2000, or as amended by these conditions of approval. Any modifications to the plans of July II, 2000, must be reviewed and approved by the Design Review Board. 3. Plans submitted to the Building Department for plan check shall be identical to those approved by the Design Review Board. If any changes are made to the approved Design Review plans, the permit holder is responsible for clearly identiJYing all such changes when submitted to the Building Department for plan check. Such changes must be clearly highlighted (with a "bubble" or "cloud") on the submitted plans. A list describing in detail all such changes shall be submitted and attached to the building plans, with a signature block to be signed by the Design Review Staff member indicating that these changes have been reviewed and are approved, or require additional Design Review. All changes that have not been explicitly approved by Staff as part of the Building Plan Check process are not approved. Construction that does not have Design Review approval is not valid and shall be subject to stop work orders and may require removal. 4. The applicant must meet all requirements of other agencies prior to the issuance of a building permit for this project. 5. All skylights shall be bronzed or tinted and no lights shall be placed in the wells. 6. All exterior lighting fixtures other than those approved by the Design Review Board must be down light type fixtures.g TIBURON DESIGN REVIEW BOARD STAFF REPORT AUGUST 17.2000 5 EXHIBIT NO. '3 TOWN OF TIBURON STAFF REPORT TO: FROM: SUBJECT: MEETING DATE: DESIGN REVIEW BOARD AGENDA NO.: SENIOR PLANNER WATROUS 684 HILARY DRIVE; FILE # 200032 SITE PLAN AND ARCHITECTURAL REVIEW FOR THE CONSTRUCTION OF ADDITIONS TO AN EXISTING SINGLE-FAMILY DWELLING, WITH A VARIANCE FOR REDUCED SIDE YARD SETBACK AUGUST 17, 2000 APPLICANT - R.E. HURT ADO (ARCHITECT) PROPERTY OWNER - CAROL WEISS ------------------------------------------------------------------------------------------------------------------ PROJECT DATA: ADDRESS: ASSESSOR'S PARCEL: FILE NUMBER: LOT SIZE: ZONING: GENERAL PLAN: FLOOD ZONE: DATE COMPLETE: CEQA EXEMPTION: PERMIT STREAMLINING ACT DEADLINE: 684 HILARY DRIVE 55-182-14 200032 7,578 SQUARE FEET R-l (SINGLE-FAMILY RESIDENTIAL) MEDIUM HIGH DENSITY RESIDENTIAL C JULY 28, 2000 AUGUST 11, 2000 OCTOBER 10, 2000 ENVIRONMENTAL DETERMINATION: This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) as specified in Section 15301. T1BURON DESIGN REVIEW BOARD STAFF REPORT 1 AUGUST 17.2000 EXHIBIT NO. L{ p. I DF-e.{ PROPOSAL: The applicant is requesting Design Review approval for the construction of an addition to an existing single-family dwelling on property located at 684 Hilary Drive. The property is currently developed with a one-story single-family dwelling. An existing carport at the front ofthe house would be demolished. A new one-car garage and a utility room would be constructed at the location of the removed carport. A new entry would also be constructed leading to the family room, with a covered entry portico to the side of the proposed garage. New skylights are proposed above the existing living room and the proposed portico. The proposed garage would extend to within 5 feet of the side property line. As the required side yard setback in the R- I zone is 8 feet, a variance is requested for a reduced side yard setback. A color and materials board has not been submitted, as the proposed addition would match the colors and materials of the existing house. ANALYSIS: Design Issues The existing house and carport have a nonconfonning side yard setback of 5 feet. The proposed garage has been designed to match the outline of the garage for the adjacent properly to the southeast at 686 Hilary Drive. The requested 15 foot front yard setback would be identical to that of the adjacent garage. The proposed project would replace the two existing covered parking spaces with a one-car garage. Although proposed garage would not allow for future construction of a second parking space without applying for another variance, the Design Review Board has approved a number of similar garages in the past which provide at least 15 feet of parking area in front of an enclosed garage. Only one window, off the proposed entry, would face the neighboring property at 686 Hilary Drive. A door leading into the proposed utility room would also face this side property line. The adjacent home has an existing nonconforming side yard setback of 5 feet along this property line. The applicant has indicated that she has met with this adjacent neighbor, who does not have any objections to the proposed request. Other properties in the vicinity which have previously received variances for reduced side yard setbacks include 646, 647, 660, 66 I, 682, 688 & 696 Hilary Drive and 698 Hawthorne Drive. Zoning TIBURON DESIGN REVIEW BOARD STAFF REPORT AUGUST 17.2000 2 EXHIBIT NO.L p. 2.. Dr-: L{ Staffhas reviewed the proposal and finds it to be in conformance with the development standards for the R-I zone with the exception of the previously noted side yard setback variance. In order to grant the requested variance, the Board must make all ofthe following findings required by Section 4.03.05 of the Tiburon Zoning Ordinance: 1. Because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of this Ordinance will deprive the applicant of privileges enjoyed by other properties in the vicinity and in the same or similar zones. The subject property has a width of only 81 feet, which constrains the location of the house and any future additions. The existing house was developed with a reduced side yard setback, as have been many other homes in the vicinity. The application of the required five foot side yard setbacks would deprive the applicant of privileges enjoyed by other properties in the vicinity. 2. The variance will not constitute a grant of special privileges, inconsistent with the limitation upon other properties in the vicinity and in the same or similar zones. As stated above, nwnerous other homes in the vicinity have received variances for reduced side yard setbacks similar to those proposed for this property. 3. The strict application of this Ordinance would result in practical difficulty or unnecessary hardship. The proposed addition would line up with the current side yard setback of the existing house, and would match the setback of the adjacent house on that side. Requiring the applicant to increase the side yard sethack beyond the setback which has been in existence for years on both the subject residence and the adjoining property would result in an unnecessary hardship on the applicant. 4. The granting of the variance will not be detrimental to the public welfare or injurious to other properties in the vicinity. The reduced side yard setback would not result in any conditions which are not currently experienced on both the subject property and the adjoining lot. There would be no privacy impacts caused by the proposed addition, and therefore the requested reduced side yard setback therefore would not be injurious to other properties in the vicinity. TIBURON DESIGN REVIEW BOARD STAFF REPORT AUGUST 17.2000 3 EXHIBIT NO. 4: p.30Fl{ ~~ From the evidence provided, Staff believes that there is sufficient evidence to support the findings for the requested variance. Public Comment To date, Staffhas not received any written comments objecting to this proposal. RECOMMENDATION: The Board should review this project with respect to Zoning Ordinance Sections 4.02.06 (Guiding Principles) and 4.02.08 (Site Development Criteria). If the Board agrees with Staff that the necessary findings can be made to support the requested variance, then Staff recommends that the attached conditions of approval be applied. A TT ACHMENTS: 1. Conditions of approval 2. Application and supplemental materials 3. Submitted plans dated TIBURON DESIGN REVIEW BOARD STAFF REPORT AUGUST 11,2000 4 '-"rqrBIT No.L p, 4: UCL( 3. 684 Hilary Drive Weiss, AdditionNariance According to the Staff report, the applicant is requesting Design Review approval for the construction of an addition to an existing single-family dwelling. The property is currently developed with a one story single-family dwelling, An existing carport at the front of the house would be demolished. A new one-car garage and a utility room would be constructed at the location of the removed carport. A new entry would also be constructed leading to the family room, with a covered entry portico to the side of the proposed garage. New skylights are proposed above the existing living room and the proposed portico. The proposed garage would extend to within 5 feet of the side property line. As the required side yard setback in the R-l zone is 8 feet, a variance is requested for a reduced side yard setback. Carol Weiss, owner, stated that she is requesting to add a garage and wanted the style to be similar to others in the neighborhood. She wanted her garage to line up with the garage next door. The story poles are at the eave points of the proposed roofline and show the proposed ridge height on top of the existing roof. Gita Bruner, 681 Hilary Drive, wanted to know if the rooftop would be any higher than the story poles because she has a very slight view of Richardson Bay across the exiting house and she does not want to lose the little water view she has now. Mr. Watrous said that there was no story pole at the ridge point at the front of the proposed addition, as this pole would be in the middle of the existing driveway, but the ridge height is indicated by a story pole to the rear. Ms. Bruner said she would be fine with that if it indicated the proposed roof height. Boardmember Beales said he could support the application, The new peak will be no higher than the existing peak. Boardmember McLaugWin said he also could support the project. Chair Smith said he also could support the project, noting it would be no higher than the existing story pole that is on the existing roof. 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UNNE~ C~ I H;)cvvy ~ r\>-( ,; 1.:, ~ G '" e y~ ;h/f .!J'--; v~~> tIP 0 W\ J'lAs/'c4 ii' /.) //A (1 60 ~ 10Wt~p(.f We-l\~ 6"v~ivf - u ~ rn == > - r- =11= ,..~~, 7~:,,~:D SEP 2 8 2000 -:::,1 - ,iL': ',;:1 ~ 0<. u N tJ~f( (p ~ t if, ~ M Y J) v f IX( "T:.b '" V 6 Yl Ex4;h;t~ - ~ ~ C ~ ~-r~ -~ ~ 1- <l. ---.i .:> 6 ~( ,,_ 'ol\ V) -~ ~~ ~ ~ \JI \')~ ~~ ~ '^' (') ~y ..., s SEP 2 8 2000 PL:',:::!';!c. !)E?/IJ-iTi\\ENT TO'.,;'~j (;, itG'J;::~iJ , ~TEMAIL # :; 5 Maravista Court Tiburon, California 94920-1424 27 September 2000 Town Council Town of Tiburon 1505 Tiburon Blvd. Tiburon, California 94920 Re: Appeal of Design Review decision - Property at 684 Hilary Drive. Ladies and Gentlemen: I am writing to voice support for approval of this project. The applicant has plans to up-grade the property to conform to others in the immediate neighborhood which have been improved in recent years. Mrs. weiss has employed the same architect who oversaw improvements to a residence directly across the street and the improvements to her property conform to adjacent properties, as well as enchance the neighborhood and increase property values in general. The Objections voiced by those who disapproved and caused this matter to proceed to the Town Council are pointless and without merit. As a nearby resident and neighbor I heartily support the applicant in this matter. ~e..w Geoffrey R.y - - 0(:'<O'"'~"~ .~..-. 1;-"""\ R i=. \., 1.: JlJ C:;.J SEP 2 9 2000 PLN<;<1:'~(; DE~.'?n.~E!'1T TOWN (>.. i:.>~11U~ TOWN OF TIBURON STAFF REpORT ITEM NO. ? To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER ST. HILARY'S APPEAL OCTOBER 4, 2000 BACKGROUND At its September 13, 2000 regular meeting the Planning Commission denied SI. Hilary's application for a Conditional Use Permit to expand the Church and school facilities. On Monday, September 25,2000 the Town received an appeal from SI. Hilary's of the Planning Commission's. ANALYSIS This proposed project has generated considerable community interest and activity during the public hearing process. For that reason Staff would suggest Council's consideration of the following actions to assist the appeal process: a) Scheduling a special Town Council meeting and public hearing to consider the SI. Hilary's appeal b) Conducting a special Town Council meeting at either the RUSD multi-purpose rooms at Del Mar or Reed School to accommodate the anticipated number of residents that would be attending that could not be accommodated by the Town Council Chambers. c) Appoint an ad-hoc Town Council sub-committee to begin exploring the general issues and concerns associated with the proposed project proceed with certain fact-finding, and report back to the full Council with its findings at the scheduled public hearing. RECOMMENDA nONS That the Town Council: I) Check individual personal calendars and schedules to select a public hearing date for the appeal when all Councilmembers can attend. 2) Determine the appropriate location for the public hearing. 3) Appoint two (2) Councilmembers to serve as the Town Council's ad-hoc sub- committee to begin meeting with the appellants and concerned residents and/or neighbors regarding the matter. R. L. Kleinert Town Manager RLK shm Au~ 31 00 03:26p RCP L ASSOCIATES 415-S07-1451 p,2 fa', ~~~ ~1 -/#(17 TOWN OF TIBURON SPECIAL EVENT PERMIT ~,IPel' fo/~ ll~-#c; (;4-) n/'inn DATE: 0' EVENT: _Ocl-"hpr 7 /f10onME:(S1M10Flnilhl-\i:30am_ 1 ? nn TYPEO'IVENT: Onpn Wrlh:::lr ~wim 1).:<I(""g Numtlw of Peopfe 8fttfclplltlld: 4 S 0 LOCATION: RACE F rnm Anoel Is land tc San; I s An~hnr (":I:lfp_ 'l'i hl1rnn Tommv Be3ch. Lawn at Waterfront Park 10:00-12:00 ~ward~ NAME & ADORESS 01' INDMOUAL 01 SPONIOIINGORCIANIZATION: ReF Events Inc, P. O. Box 4098 San Rafae~,CA 94913-4098 ~~ (<11 ';\ 43_5-5644 WarkPlumll:. (415 \ 507 1440 F.Nt..6.f: (4.1") C:;07_14l:iF; pr.... describe YOUR PLAN for the following: (Attach ,ewe'e .heel. ifneceuary) PAR~: ~egalar Tibaron Outlets Stnl81Il....~.ar~-.~ Paradise Dr. at Waterfront Park. Close about t 500 Ft.for 2 hours during award ceremony. We are waiting to hear back from Lt. Aiello. C K CLI!AN.uP & RECYCLING. (R~OLJIRI!:D BY TOWN 01' TlBURON) WA ",Till 'lC:::C ("'h;:;nTl~'c::. ~~ <::~mlc::: TA1ro t.';1'ufil"nr~rily rolo:=:ar.ho::a......h -DlDrnina of race. W~ \vill r.i'iVi=> a rlp.=ln_llD ~rp.w to ~nr;r~ ly nos the area & assure that all garbage cleaned when we vacate 12:00pm FRlTAID: Wi 11 h~vp t::lmhll1.:=ln{"'p. ;:l1'''ln f"; red" .=! ~ Ii ;:n7""; 1 ~ble at finish. Doyau....IIJnl1....__..ancatloneq~ iSes of race. r.......:: Small 1>. A. s~sten to e used at Sam's ~;:lfp. -rll a;-e Swimr.1ers wit irform~t:ion" ~Mt1 ~n the lawn for awa~ ceremo~ V_" ..lie ~ _Iller **PI of documlllllll1loft ~ llIal llIe Town of Toburon has bMn __ .... ~ ~ MIl....... ~ to your 1__ poIlcy tor lhiI_nl. This nonnally require. .n .ndalum.nt A.~ahall1~ Oftlytluttyouh__insurenee is notsufnd.nt. Special ~vent Ins...._ C8ft lie pur-'" , 1 t Ilrough 1M JI. Recreatlon o.,..trn~3!! (uk lor Oan. Thor) , ( I"or other qllellllona pet1IInjng ".. PIIrmll. conlect Tlburon TOwn ~erlc Ole CIIn fu or .... your 00Il1Ilk1ed form to Town HiIlllll43!-2431, ~! on o...:August 17,2000 It. Applicant "1L/ 3/.utJn Ie f -/~ :?(/z:~' Dale 1-/J-~ ~, 4fvv,...iQ Toll.llI/ UUk;, ~ (/ ~.r-- LI/S f v ~ 1.I..,r:-M1Y Aug 31 00 o3:26p RCP L ASSOCIATES 415-507-1451 P,I The RCP Tiburon Mile P.O. Box 4098, San Rafael, CA 94913-4098 Race Hotline: (415) 721-9990 or (415) 507-1440 August 17, 2000 Diane Crane Iacopi Town of Tiburon Tiburon, CA 94920 RE' Amended Special Event Permit Dear Diane Thanks so much for help with amending our penn it. I have a phone cali into LI. Aiello and will discLlss with him the logistics of the street closure. I will be out of the office Llntil Tuesday 8/22 if you have any questions, I wanted to get this fax overto vou before I left. Look fcrward to speaking to YOLl soon Sincerely lD~ y ') lfJ (' 2r6 "The tradition continues..." 08(~'3/~~00 08:~7 '-+1543>:,:::....:::::.' :J~ ::>;::::,,,;; PA3~ 83 F"POr1 : Calnl):.8cn1lt,~ 1lIl114/U~0 eg:~, ;1 ~'3~e4e; "'..n_ 11:73 ""A~ "f{oc: NO. 4t'5-359-S~al F~ Pt'.~fiI l'tJlrM r7 ,.%Il..IQol Sop. 14 2000 J3:43~M Fl ~~"t: ~L -- .. 'I'CJWJf or TDW,ON .#- Ah. C; . ...a.u &VDlT.1:aM1T , . (I:; ) DA'nlOI'~l 10}'22010011l 17 Ut...~fn1 ""01'11....,. ~p.Vt<.cJ.e./ IU'1d C.osh'V"n~ Cm-rres-t- ~7t~~~C .... -Ill _ ..IIITIWUM 01.-: al III r-~...: rp(<: PA-JvS ..-ll'f .." t ~ ~ ~ WM........ .. U;~4-''i- ~:2 .lH17 r'4-~J;-~~~2... ..... "YCAa~"J"-';!,',{L"f,IIfI/IIII--'" I II ___ I ).,14(/1 vi:. ;j nt ~i~stll~!~~)~~: mar", <;:,;+, Mri? I.ihl1;!..- ;;hop C!}m~~r}~ .",~.._-- ...,. - ~===- - ~ -~ 88/1'3/2800 08:47 41 :4358482 ~OR PAwS PAGE 02 ACORD CE M o.T'E (MMiOOtfYI 09/01/2000 OML Y AMD COMFERS 1'10 IIlGHTS UPON THE CEIUIFICA TE HOLDER, THIS CERll~ICA TE COES NOT AMEND, EXTEMD OR ALTER THE COVEIlAGE A~'ORDED BY THE POLIClE5 S.LOW. E fOll;ooueE (92~) 93 S -0 S.S Nours. III.I~r.n(. Irok..l"s, (nc. P Q. 80x 394_ 5'0 Lennon Le"e-5ult. 16~ Walnut {r..k, CA '459'-0'" INSUII!.ED For Paw., &:"c Catnip It IOM!S 90 1III.1n Street Ti~wro", CA 94920 INSURER5 AFFORDING CDVERAGE INSUREII.A:, 1N5"''''I!~e: II'4SUAt."C IN6URiA: 0: I~SUftE'''E. F1r..an', Fund Inauraftc. Cc. COVERAG THE POL;=IES OF INSURANCE lISTE~_~~~~W......VE BEEN IS$UtO TO TH!-INSIJ~3 ~MED ",saVE FOR THE..~~! .P~~~~!~':'.I...~A.I_~~.. NOTWI~"'ST"NOINC ,aNY REQUIREMENT, rl!:RU OR CONClno"" OF ANY CONTRACT OR OTHER DOCUMENT WITH 'tESPECT TO WI-lICJol THIS CERTIFICATE M,A.Y 8E ISSUE;:'I OR ~y PERT....IN. 1l1& IN3UAANce Af~OI'lDEO BY THE POUCIES DESCRIBED HEREIN 1$ $UBJI!CT TO ALL THe TERMS, EXCLUSIONS AND CON;:tmONS OF SUCH FCLlCIES AGGIiEGATE UMITS SHOWN MAY HAVE BEEN REOUCED BY ~AJO ClAIMS. 'lml TVPf 0' INIUft\NCf ..a.ICV NU".1fIl DATllYIl/DDI\'V} DATi lMIIIDDlVYi" ll..TI m-- ZCIOl911l1 01/01nooO 01/01/2001 EKoH OCCURRl:NCE I' 2,000,000 COMM&A:C'Al GENERaL L1Ml.ITY J"1R,f DAMAGE (Any 0tlI1Ir.J i ., )00,000 t.l...AIMS M,AI)E (}J otCUq I MEOEXPi,AnyQ""penoP'll " IO,DOO . ); l~s1n.u Liabllity 1"l:R60"'AL, J AO\lINJI.,IRY T' 2,000.000 i O€~~l.GG~GGATi . .,OOO,IJOO _::;.~ A~~ne tollT A~lI~l) !I!" PIllOOUCT9 . COM"'I"'" "Ofi I $ .,000,000 PR0- n, POLICY J~CT ..OC I ~TOMc.el...IlI"'llTV COMelNED S'NGt.~ LIMIT '. ANY AUTO (EslQClO8nl) ! - - ,'IlL OWNiD AI,J"'Ol:> IOOIL, Y INJURY ! . iOCI-lEDUl':'.rJ AUrOfi IP.rpersQf'1) - - -lIll.itl,4l)fOG .QDIl.. Y INJURy . ==1 "ON-oW...O AUTOS \Per~'> I' PlitOPERTY JAtJI<.GE " rP.,acc.Oenlj , ~~C. L1AB~ITY AUTO ONLY. M ACC:O~NT j . .''''lYA,U70 OTMeA TIoIAN I!AACC; S AUTOOfltl,.y .AGO I , Ot.SS LI....llTY UCH O::CURR~NCE . :CCUA 0 CLAIMS '""'0& AG(ioR&GA.TIii . . ==l JcOUCTlflLE '. ~~n:'HICN . is I WC"1C.1IIl1 COM""'UTIOIf ANO I TOR"" LIMns I I~ER., EMPlOVEIUf ~lAeIL:TY Ii.L E4CM ACClt>fNT . ~ i.l..[)I""'S~ . iA EM"lOy~i:f $ E.L_ OlSfASi: . POliCY ~IMlr I S CT"llA I OIteJII:,,.rIiQN Lu_. NmltlCIAL PJtO'JtII HI f.RtlFICI\ie: HOLDER rs INCLUDIED AS ADDITIONAL INSURED A5 RESPECTS ,ARADE ON ICAIN ST. TIBURON. ON ctOlfl 22, 1000 CERTIFICATE I I AOomOH.lU.INIUIt5O: INSUltIIl. LEYTIi" ~OUl.D ANY ~F THI AaOVI DllCAI.P II'O&..ICI" at CANCIlLID .'1=QAI TNt UHtltTION OAn ~.10lJ. TM. tllUING COU.A"V WilL iNOUVo. fO M""~ CITY OF TIBURON -1..0....- DAYS WII.ITT1!N NOTICe TO 1l1I! c:elltTI,rCA TIl MOlllll!" NAMI!D TO nt~ ~EfT, . TOWN CLUK. OUNE CRANE auT ,..Lu....ff9tM'tSfLftlfJUlRllilllIt Bn.~ct..IGAT"!ON Oil: liAalliTY ISH) lIBURON BLVD. Of! AN.... jUtfD U~ T141 CClilfN"IY. IT.J.4INTI 0" IlU!PftellNTA lIVES. rrIURON, C.4 9+920 AUTN~ ~V .." .. 1.11 (1"71 ,,... 08!~3/2800 08:47 4154.358482 =-C1R ;::'A...I3 PAGe:: 01 90 MUl51reet . muroo . CaIlIomla 949ZO. 415.435.9522 Fu 415,435.8482 . OATE '1j '1 i1? o PM. NUMBER OF P",ClES (Including Co\Ier l.et1ef): ...3 TIME NOTE: If you ClIClI\Ot recelw all of the p-e- or If you haft a q.....lon, pi.... C811:M verityt"' number (balow). CO.NN.il1l!: NAME TO: "DDRIiWl SUiJiCT . "nEN";~ 1__ 11ft1&. I" r'~NO i ~35.. ;;cJ3 ~ ''''''0 ~.!J5" .81'8 ~ I Y!:rll!"Y1NafllO - - - -- ---------- FAX Transmissionj ~EMA~KS: Dear Di8ne. I'm sending you the pllplmWrk for COlIsidel'lltion of approval for OUT Sunday, October 22, 2000 Pet Panlde. Prior to filling out the application, I've spoken with Lt. Aiello. Lt. Aiello bas looked over the Lower and Upper Main Street IlI1d has, upon your approval. approved Upper MIfia Street only for our pantle. We would stJut in (ront of For P'aw8 and go to the rum-around by the parking lot and .return to the front of the store. Also, upon your approval, 1 will ask Lt. Aiello for two policemen to help with traffic control; 1 already kno... the cost and will call him. T1wIk you (or all ,YOIU help 8IId I am looking forward to hearing from you. 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