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TIBURON TOWN COUNCIL
AGENDA
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REGULAR MEETING
TOWN OF TIBURON
1505 TIBURON BLVD.
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MEETING DATE:
MEETING TIME:
CLOSED SESSION:
OCTOBER 18, 2000
7:30 P.M.
6:45 P.M.
PLEASE NOTE: In order to ~e aU interested persons an oPpor1Unity to be heard, and to ensure the presentation of aU
points ohl..., members of the audience should:
(l) Always Addr'ess the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) limit Presentations to 3 minutes; (5)
Speak Directly into Microphone,
A. ROLL CALL
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
C. PUBLIC OUESTIONS AND COMMENTS
Please confine your comments during this portion of the agenda to matters not already on this agenda,
other than items on the Consent Calendar, The public will be given an opportunity to speak on each
agenda item at the time it is called, Presentations are limited to three (3) minntes" Matters requiring
action will be referred to the appropriate Commission, Board, Committee or Staff for consideration
and/or placed on a future meeting agenda"
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
E. CONSENT CALENDAR
The purpose of the Consent Calendar is to group Items together which generally do not require
discussion and which will probably be approved by one motion unless separate action is required on
a particular item. Any member of the Town Council, Town Staff, or the Public may request
removal of an item for discussion.
1) TOWN COUNCIL MINUTES - a) No, 1199 - September 13,2000 - Jt. Meeting
with Belvedere City Council (adopted by Belvedere City Council on October 5,
2000); b) No, 1200 - September 20,2000 - (Adopt)
2) 684 IDLARY DRIVE - Denial of Appeal of Design Review Board approval for
Construction of additions to an existing single-family dwelling, granting Variance for
reduced side yard setback - AP No" 55-182-14; Carol Weiss, Applicant; lrmgard
Brunner, Appellant - (Adopt Resolution)
3) FY 2000-01 TOWN BUDGET AMENDMENTS-
A) Replacement of Corporation Yard Gas Pumps
B) Sidewalk Curbcuts (ADA Access) - Additional Construction
4) FY 2000-01 - First Quarter Financial Report - (Accept)
5) AMICUS BRIEF REQUESTS - a) Lim v, City of Long Beach US. Supreme Court;
b) David Lamar v, City of Mountain View (re: Flouridation of Water) - (Approve)
F. PUBLIC HEARING
6) 19 CmRIAN DRIVE - Appeal of Design Review Board Approval of a 6,786 square
foot (including garage area) Single-Family Dwelling - Linda & Danilo Arcenal,
Applicants; Marc & Annette Loupe, Appellants - (AP No. 038-011-43)
7) MAR WEST STREET TRAFFIC ISSUES -
A) Discussion of Traffic Safety Committee Recommendations for Traffic Calming
on Mar West Street
B) September 26, 2000 Traffic Safety Committee Meeting Minutes &
Correspondence - (Accept)
8) BLACKIE'S GROVE LANDSCAPING PROJECT - Request for Installation of
Trees and Irrigation near the Sam Shapero Bridge in Blackie's Pasture Park--
(Tiburon Peninsula Foundation, sponsor; Town ofTiburon, property owner) - AP No,
55-041-18 & 55-041-19
G. NEW BUSINESS
9) REED UNION SCHOOL DISTRICT FACILITIES MASTER PLAN _
(Appoint Town representatives to RUSD Planning Committee)
10) PINE TERRACE PATH & ACCESS TO McKEGNEY GREEN-
A) Conceptual Review of Lease of Pine Terrace Open Space to allow repairs and
upgrade of Access to McKegney Green
B) Authorize Town Manager and Town Attorney to negotiate Final Lease
H. STAFF & TOWN MANAGER REPORTS
11) BELVEDERE DRAINAGE DIVERSION PROJECT - (Status of Winterization) _
(Town Manager)
12) DOWNTOWN FERRY AREA ACCESS & SAFETY IMPROVEMENTS
PROJECT - (Oral Status Report) -- (planning Director)
13) STEW ART DRIVE/TIBURON BLVD, BUS STOP - (Oral Status Report)-
(planning r;>irector)
I. ADJOURNMENT
Future Arlenda Items
--163 Avenida Mirajlores - Appeal of Design Review Board Approval of Application to install Fencing - Chester
Judah, 166 Avenida Mirajlores, Appellant - (November I)
--Downtown Ferry Area Access & Safety Improvements - Public Hearing & Project Approval - (November I)
--Housing Element Update of General Plan - (Status Report) - (November I)
--2-98 Ned's Way (Chandler's Gate Senior Housing Project): Review & Approval of a tri-party Below Market Rate
(BMR) Housing Agreement for provision of our (4) very low income unites in the 25-unit development; Town of
Tiburon, Marin Housing Authority, and Ned's Way Garden Homes, UC, parties to the Agreement -AP#58-I5I-35
- (November I)
-- Tiburon Blvd Traffic & Intersection Study -- (Authorize Contract for Consulting Services) -( November I)
--Sf. Hilary's Appeal of Planning Commission Denial - (Del Mar School Gymnasium) - (November 9)
-- Town Council Annual Reorganization & Committee Appointments - (November 15)
DATE OF MEETING:
DATE POSTED:
October 1 8, 2000
October 13, 2000
No. 15,2000
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 - ANTICIPATED LITlGA nON
(Section 54956.9(b))
One Case
TOWN COUNCIL
MINUTES
DRAFT
Il:~M. / (a ~
CALL TO ORDER
The special joint meeting e Tiburon To uncil and Belvedere City Council was
convened on Wednesda September 13,2000, at : 10 P,M, in the Tiburon Town Council
Chambers at 1505 Tiburon 'alifornia,
L ROLL CALL
PRESENT: TffiURON COUNCILMEMBERS: Mayor Gram, Bach, Hennessy,
Matthews & Thompson
BELVEDERE COUNCILMEMBERS: Mayor Helfrich, Sams, Johnson,
Wiley & Berg
EX-OFFICIO: Tiburon Planning Director Anderson, Superintendent of
PublicWorks Iacopi, Town Clerk Crane Iacopi, Belvedere City Manager San
Diego & City Engineer Branz
ABSENT:
COUNCILMEMBERS:
None
Town Clerk Crane Iacopi called the roll. Mayor Helfrich recused himself and stepped down,
taking a seat in the audience, Belvedere Vice Mayor Johnson assumed the role of Acting
Chair of the meeting, He asked the audience to join the two Councils in the Pledge of
Allegiance.
Chair Johnson then asked for public questions and comments, There were none,
II. BUSINESS
A. BELVEDERE DRAINAGE DIVERSION PROJECT LANDSCAPING
1. Landscaoinl! Plans
(a): Phase I (Approve Final Design/Plan)
(b) Phase n (Conceptual Review)
2. Wetlands Restoration (Information)
3. Maintenance & Irril!ation
(a) Short Range ResponsibilitylCosts
(b) Long Range ResponsibilitylCosts
4. Phase I Cost Estimate & Fundinl! Sources
5. Imolementation Scheduleffimeline
III
Joint Belvedere City CouncillTiburon Town Council Minutes (No. 1199) ~ September J 3, 2000
1
Chair Johnson gave a brief summary of the project, the purpose of which is to prevent run-off
from the Reed Watershed area from flowing into the Belvedere Lagoon and to divert it to
Richardson Bay, He said that City Engineer Branz had successfully sought grant funding for
the drainage diversion project approximately a year and a half ago, Johnson said that
although the project had included a landscape plan, it had proved to be inadequate in the
opinion of the two Councils and the community,
Therefore, according to Johnson, a task force was put together to formulate a new landscape
plan, The task force included both Tiburon and Belvedere residents: Ken Johnson, Alex
Sidell, and Jim Mitchell of Belvedere; and Janice Anderson Gram and Diane Lynch of
Tiburon, Johnson said the Landscape Committee meetings had also been attended by
Belvedere and Tiburon elected officials Sams and Helfrich, and Tiburon Mayor Gram, along
with Town Manager Kleinert, City Engineer Branz, and the landscape architect, Ralph
Alexander. He thanked the participants for their input.
With regard to the agenda, Chair Johnson asked that Phase I of the Landscape Plan and the
Wetlands Restoration be heard together.
City Manager San Diego gave the Staff report,
San Diego said that in Phase I of the Landscape Plan developed by the Landscape
Committee, 359 different trees and shrubs would be planted in the project area on the Multi-
Use Path, These plants would be watered from the Belvedere City well until they took hold
(the latter being a condition of the Town ofTiburon's encroachment permit). In addition, a
drip irrigation system would be installed to service them and the entire area would be hydro-
seeded to prevent erosion. Some additional berming to mitigate noise and shield walkers and
bikers from Tiburon Boulevard traffic was also contemplated, according to San Diego,
San Diego said the estimated cost of the Phase I landscaping was approximately $90,000 and
that bid documents would need to be drawn up within two weeks in order for the project to
go out to bid before the winter season,
In reference to the Wetlands Restoration, City Manager San Diego said that the current
wetlands, the result of a long-standing MMWD water line leak, would be established as a
"seasonal wetlands," which would require no further irrigation, and would cost $29,000,
City Engineer Branz then reviewed the plans prepared by Landscape Architect Ralph
Alexander, which had been approved in concept by the Landscape Committee,
Branz stated that the 8-foot wide culvert, which ran under the Multi-Use Path, did not leave
much space for planting between the path and the CAL/TRANS right-of-way, He described
the area's width as 25 feet from the edge of the path to the CAL/TRANS right-of-way and 10
feet from the edge of the culvert to the Cal/Trans right-of-way, Branz said an additional
berm would run for about 650 feet along a portion of the path (1500 feet being the total
length of the project area along Tiburon Boulevard),
Joint Belvedere City CounciiITiburon Town Council Minutes (No. 1199) - September 13, 2000
2
City Engineer Branz outlined some of the future and current project constraints:
· Difficulty in obtaining permits from CALITRANS
· . The location of a MMWD water main within the CALffRANS right-of-way which
precluded any plating within three feet of that main
· The "open ditch" portion of the project which precluded berming in one area
Branz responded to several questions from the audience, including one from Eric
Stephenson, 9 Lagoon Road, Mr, Stephenson questioned the open ditch drainage design
portion of the project, and made several alternate suggestions,
Mr, Branz said those options had been considered but had proven to be either unworkable or
not cost effective for the small amount of water diverted from the pipe, Chair Johnson also
said that particular run-off would be used to fill the Wetlands area now required by the Army
Corps of Engineers,
Tiburon Town Councilmember Hennessy asked if there were funds available for the
restoration of the Multi-use Path, Mr. Branz replied that there were funds available for
repairs but not full restoration,
Tiburon Town Councilmember Matthews asked how soil would be prevented from running
off the proposed berms, Mr. Branz said that the plan was to "hydro seed" the berms,
Janice Anderson Gram, 8 Venado Drive, Tiburon, and Landscape Committee member, noted
that CAL/TRANS had informed the Committee that it would allow planting on the
CALITRANS portion of the right-of-way, She asked whether a letter had been sent by the
City of Belvedere requesting permits for this portion of the project.
Engineer Branz replied that no letter had been sent because they did not yet have an approved
landscape plan,
A member of the audience asked if Phase II included planting in the CAL/TRANS right-of-
way, Ms. Gram said it did and pointed out that it would save a lot of money if both phases of
the proposed lands~ape plan were implemented at the same time,
A discussion ensued concerning what actions the City of Belvedere had taken concerning the
Army Corps of Engineer's Wetlands Restoration requirement.
City Manager Ed San Diego recapped the steps that had been taken, including registering the
City's protests and contacting State and Federal elected officials, However, San Diego said
his primary concern was to keep the project moving forward, He stated that the Corps
required some agreement regarding the Wetlands prior to letting the project continue across
Tiburon Boulevard,
Mayor Gram said he had the same understanding, Mr, San Diego noted, however, that he
had also heard that the Corps would let the project continue with a promise of restoration at a
later date,
Joint Belvedere City Counci/IFiburon Town Council Minutes (No, 1199) - September 13, 2000
3
Chair Johnson said that Wetlands restoration element was implicit in the agreement to let the
project continue, but both Councils agreed to continued negotiation with the Corps,
Tiburon resident and Master Gardener Diane Lynch, 171 Solano Avenue, also a Landscape
Committee member, questioned how the Corps could require restoration of a wetlands area
that amounted to no more than a ditch and was dangerous, She asked about the possibility of
expanding the Blackie's Pasture area wetlands in-lieu of the area in question,
City Engineer Branz said the Corps had suggested they might accept an equal size wetland in
either Tiburon or Belvedere, However, City Manager San Diego reiterated his belief that the
Corps wanted both restoration and creation of additional [wetlands] acreage,
Ms, Lynch asked whether CAL/TRANS had expressed concern about the safety of the ditch
[wetlands area] since two cars had gone off the highway into it.
Haig Harris, Lagoon Road resident, said there were two different issues being discussed: The
pipe under the road and the landscape restoration, He said he had heard that the contractor
[Ghilotti Bros,] was not ready to put the pipe under the road, however he said the purpose of
the meeting was to discuss the restoration of the vegetation along the path.
Mr, Harris said the $30,000 amount budgeted for this restoration was not enough, and further
stated that, in his opinion, even $150,000 was not a lot in order to restore what was lost to the
people on Lagoon Road, He said he did not care where the money came from, and the City
of Belvedere should restore the greenbelt for the citizens of Belvedere.
Mr. Harris said the Negative Declaration of the project called for restoration of "all the
vegetation and trees removed," He said both Councils should admit they made a mistake,
He said the Lagoon Homeowners Association had put up $350,000 cash over three years [for
the project] and they deserved to have the vegetation replaced,
Mr, San Diego referred to a drawing submitted by the landscape architect, Ralph Alexander,
which showed a "before" rendering of vegetation along the affected area of the path, City
Engineer Branz further noted that no vegetation previously existed within the CAL/TRANS
right-of-way, but that the new plan would give "far and away" more vegetation, and that
Phase II would be "icing on the cake"
Mr. Harris replied that he would like to see a videotape of the existing area rather than an
aerial photo that had been colored in, He admonished the Councils to "stop blaming the
landscape problems on the pipe issue,"
Jim Mallot, Tiburon resident, Owlswood Lane, said that he had "logged every single stump,"
of the vegetation that had been removed, and claimed that it would take 20 years (of growth)
to reach the previous density, He further contended that the replacement vegetation would
cost far more than $150,000,
Joint Belvedere City CouncillTiburon Town Council Minutes (No. 1199) - September 13, 2000
4
Tiburon Councilmember Hennessy countered by stating that it only cost $92,000 in grant
money (obtained by Councilmember Bach of Tiburon) to landscape the multi-use path
beyond San Rafael Avenue,
Hennessy then raised the issue of whether the mitigation measures were adequate to control
erosion near the Tiburon Corporation Yard. She also wondered whether that area might be
used as a possible wetlands.
Jeri Kuhns, 24 Lagoon Road, said it would be a mistake to spend too much money on the
landscape plan, She suggested replacing the myoporum for density, and not to plant trees,
She said what was needed was screening, and that she, Harvey Rogers and Bill Kuhns had
planted the previous myoporum in the area which had been removed.
Mayor Gram asked Ms, Kuhns how long it took for the myoporum they planted to "fill out"
She replied that they planted them in five-gallon cans, which took three years to fill out
Diane Lynch of Tiburon concurred that myoporum was fast growing, but said that a diversity
of plans was preferable.
Bill Knick, 44 Lagoon Road, had some questions about the cost of the Wetlands restoration,
City Manager San Diego said the $29,000 was the landscape architect's estimate, which
included plants,
Mr, Knick also wanted to know whether the Wetlands site would overflow, City Engineer
Branz said it would not, and that there would be an overflow system like a bathtub,
Finally, Mr, Knick asked if another public forum would be needed to approve landscaping in
the area if the Wetlands restoration was not needed after aiL Mr. San Diego said if they
Wetlands were eliminated, the planting would just be extended into that area, based upon the
Councils' (contingent) approval.
City Engineer Branz also noted that the Town of Tiburon had plans to widen the highway in
the vicinity of the' Wetlands,
Mayor Gram stated that the Town had planned to put in conduit for undergrounding of
utilities along the path. However, Gram said the conduit would have run into the Wetlands
and therefore, that proposal could not go forward.
Janice Anderson Gram said the Councils should vigorously pursue approvals for both Phase I
and II. She said the area was "a huge community asset," and also suggested there were
alternatives to myoprum. Gram contended that Sunset magazine said myoporum was not the
best choice, Ms, Gram encouraged both Councils to consider the best plan possible
Bill Kuhns, 24 Lagoon Road, said he liked the (current) plan and said that Phase I should be
agreed upon now,
JointBe/vedere CityCounci/lI'iburon Town Counci/Minutes (No, /199) -September 13,2000
5
Mitzi Thornton, 6 Lagoon Road, concurred with this opinion, stating she had been flooded
from the run-off about three years ago,
Jim Mitchell, 3 Lagoon Road, said he agreed that the Councils could do something better, but
that Phase I needed funding now in order to go out to bid. He also said that Phase II was
problematic.
City Manager San Diego discussed the funding sources, He said that approximately $25,000
could be deleted from the current construction contract and applied to the landscape plan, He
also said that $20,000 had been set aside in the City's FY 2001 budget for landscaping.
In addition, according to San Diego, the Belvedere Community Foundation and the Tiburon
Peninsula Foundation had each promised to donate $10,000 if matched by contributions from
the community. San Diego said the Town ofTiburon might also contribute $10,000, for a
grand total of $95,000, or $24,000 short of the Phase I estimate of $119, 000,
Mr. San Diego recommended that the City of Belvedere fund the balance of the project from
its reserves and move forward with the project, repaying the funds as contributions came in
from other sources, He said that both Foundations had good fund-raising track records,
Tiburon Council member Hennessy said that the Town had never contemplated a complete re-
landscaping, but she acknowledged that a problem existed and it would take a cooperative
effort to solve it
Hennessy said she would endorse the Town's contribution of$10,000 and would further
endorse a sharing of the $24,000 shortfall, as long as the Town was reimbursed before the
City of Belvedere,
Further, Ms, Hennessy said she would like both Staffs to work to obtain grant funding for
Phase II of the project.
Tiburon Councilmember Matthews concurred with Councilmember Hennessy, He said that
the boundaries between the City of Belvedere and the Town of Tiburon were only political in
nature, stating that:the landscaping project would result in a community-wide benefit, much
like the rehabilitation of Main Street
Tiburon Vice Mayor Thompson also concurred. He said it would be nice to do the entire
project now, but that Phase I should be implemented immediately, He also suggested that the
Wetlands be replaced elsewhere, and proposed a way to include Richardson Bay Regional
Agency in the process,
Belvedere Council member Bruce Sams said he agreed with his fellow Councilmember, Jim
Berg, that the best solution was to proceed with Phase I which would allow time to sort out
the questions concerning Phase II. He said the City should put up half of the $24,000
shortfalL
Joint Belvedere City Council/Tiburon Town Council Minutes (No. 1199) - September 13, 2000
6
Belvedere Councilmember Wiley said the project needed the efforts of both communities and
that both should share in the cost, as in the acquisition of open space [bond issues].
Councilmember Berg said he was troubled by Mr, Mallot's comments about cost, but said the
bid process would sort that out He invited the Tiburon Town Council to join in the cost of
Phasel
Chair Johnson commented that the landscape plans could continue to be amended to obtain
the best result,
Tiburon Mayor Gram said the issue of (landscape) maintenance needed to be addressed, He
asked who would be responsible for maintaining it after the first three years,
Belvedere City Engineer Branz said the encroachment permit issued by the Town of Tiburon
said the City would be responsible for irrigation until the planting was established,
Mayor Gram emphasized that on-going maintenance was still an open issue and that the
Town was not agreeing to maintenance,
Mayor Gram said the first priority was getting the pipe across the road and connected to the
Bay, He said the second priority was to put something on the dirt so that it would not wash
away, However, he posed the question of who would sign the contract and who would pay
the contractor, pending the funds being raised.
City Manager Ed San Diego reiterated that the City of Belvedere would let the contract and
front the money, He said it was "the right thing to do", Mayor Gram said he was now in a
position to move forward.
Chair Johnson said he was prepared to move on the Phase I landscaping and the proposed
funding options,
A brief discussion about can size of plantings ensued, Chair Johnson suggested that the issue
could be left to the experts.
MOTION:
To approve the Phase I Landscape Plan, including Wetlands restoration, and
the funding sources as discussed, and conceptual approval of Phase II.
Moved:
Seconded:
Belvedere Councilmember Sams
Belvedere Council member Berg
VOTE:
BELVEDERE:
AYES:
RECUSED:
AYES:
Berg, Johnson, Sams, Wiley
Helfrich
Bach, Gram, Hennessy, Matthews,
Thompson
VOTE:
TffiURON:
Joint Belvedere City CouneiVIiburon Town Council Minutes (No, 1199) ~ September 13, 2UUU
7
m. ADJOURNMENT
There being no further business before the two Councils, Acting Chair Johnson adjourned the
meeting at 7:55 P,M,
The foregoing Minutes were approved at a regular meeting of the Belvedere City Council
held on October 5, 2000 by the following vote:
AYES:
NOES:
RECUSED:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
Berg, Johnson, Sams
None
Helfrich
Wiley
The foregoing Minutes were approved at a regular meeting of the Tiburon Town Council
held on October 18, 2000, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
COUNCILMEMBERS:
TOM GRAM, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, Tiburon Town Clerk
Joint Belvedere City CouncillTiburon Town Council Minutes (No. 1199) ~ September 13, 2000
8
TOWN COUNCIL
MINUTES
IR~
D,,f6' ICh)
.tAFT
CALL TO ORDER
Mayor Gr e the regular mee '
on Wedn sday, September 20, 2000, i
Tiburon, alifomia,
of the Tiburon Town Council to order at 7:35 p.m,
Town Council Chambers, 1505 Tiburon Boulevard,
A. ROLL CALL
PRESENT COUNCILMEMBERS:
Bach, Gram, Hennessy, Matthews, Thompson
PRESENT: EX OFFICIO:
Town Manager Kleinert, Town Attorney Danforth,
Planning Director Anderson, Town Engineer
Schwartz, Associate Planner Theriault, Lt Aiello,
Superintendent of Public Works Iacopi, Town Clerk
Crane Iacopi
B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any)
Mayor Gram said there was no closed session,
C. PUBLIC OUESTIONS AND COMMENTS
None,
D. COUNCIL. COMMISSION & COMMITTEE REPORTS
None,
E. CONSENT CALENDAR
1) TOWN COUNCIL MINUTES - No, 1198 - Special Meeting of September 5,2000-
(Adopt)
2) TRAFFIC SAFETY COMMITTEE MINUTES - August 22, 2000 - (Accept)
3) TOWN MONTHLY INVESTMENT SUMMARY - As of August 31, 2000 - (Accept)
4) NEW TOWN MANAGER SIGNATURE AUTHORITY & ACCESS TO DOCUMENTS
RETAINED IN SAFEKEEPING - (Adopt Resolution)
5) MAIN STREET ASSESSMENT DISTRICT - (Agreement for Bond Reserve Trustee
Services) - (Adopt Resolution)
6) DOMESTIC VIOLENCE AWARENESS MONTH - Support Board of Supervisor's
Designation - October 2000 - (Adopt Resolution)
7) PARENTE PROPERTY - Approval of Contract to Prepare an Environmental Impact
Report in Conjunction with the Preparation of a Precise Development Plan - (paradise
Drive and Parente Drive) - (Authorize)
8) 36 SOUTHRIDGE WEST - Partial Granting of Appeal of Design Review Board
Conditions of Approval for a Site Plan and Architectural Review Application for as-built
Exterior Alterations, as-built Decking and Lot Coverage Variance - (Lalita Watennan,
Applicant! Appellant) - AP#34-3II-II - (Adopt Resolution)
Town Council Minutes # 1200
September 20, 2000
Page 1
9) 14 PLACE MOULIN - Partial Granting of Appeal of Design Review Board Decision to
Approve Site Plan and Architectural Review for Construction of an Addition to a new
Single-Family Dwelling - (Star Two, Applicant; Michael Rex Associates, Appellant)-
AP# 58-351-24 - (Adopt Resolution)
Council acknowledged that they had received revised versions of Consent Calendar Item NO.7
(Consultant's Agreement) and Item No, 8 (36 Southridge West Resolution). It was noted that
copies were also available at the public information table,
MOTION:
Moved:
Vote:
To approve Consent Calendar Items 1-9 above, as amended,
Bach, Seconded by Hennessy
AYES: Gram, Bach, Hennessy, Matthews, Thompson
ABSTAIN: Thompson (Item No, 8 only)
MOTION:
Moved:
Vote:
To move up Item No, 13 on the agenda,
Hennessy, Seconded by Bach
AYES: Unanimous
G. NEW BUSINESS
13) DRAINAGE ISSUES -
A. Greenwood Beach Road Joint TownIProperty Owners' Project
B. Centro West/Mar West Private Property and Town Project
B) Centro West/Mar West Private Property and Town Project-
Town Manager Kleinert said that he, Town Engineer Schwartz, Superintendent of Public Works
Iacopi, and Planning Director Anderson had met with several of the property owners about some
long-standing drainage issues on in the Centro West/Mar West Street area, Kleinert said the
Town could go ahead and make its own improvements to Town drainage facilities on Centro
West, but in order to accomplish the best result, the private property owners should join in, which
would require easements or quitclaims to be granted to the Town, Kleinert said the property
owners requested the necessary documentation and indicated that they would sign it, after also
talking to their neighbors about the project, He estimated that the project could be undertaken
sometime next year,
A) Greenwood Beach Road Joint Town/Property Owners' Project-
Kleinert said the homeowners had received an initial bid of $99,000 from Forde Construction to
do the project. However, at the homeowners' request, the Town became the lead agency, and
therefore a public bidding process was necessary,
Kleinert said that although the Engineer's estimate was $100,000 and the low bid came in just
over that amount, the low bidder, D&D Pipelines, had subsequently withdrawn their bid, That
left the next lowest bid in the amount of$138,000, as submitted by Maggiora & Ghillotti of San
RafaeL
Town C ounci/ Minutes # 1200
September 20, 2000
Page 2
Town Attorney Danforth said that the Town/Homeowners funding agreement provided for a
$10,000 increased contribution by the Town if the work was performed in the public right-of-
way, She said that left a $28,000 shortfall which would need to be made up by the homeowners,
Town Manager Kleinert said Staff had met the day before with the homeowners to discuss the
matter, but that no final agreement had been reached, Council directed Staff to contact them and
set a deadline for a decision on the matter.
MOTION:
To award the contract for the Greenwood Beach Drainage Improvements to
Maggiora & Ghillotti, subject to the Greenwood Beach property owners reaching
a decision and posting the additional funds with the Town within two weeks,
Hennessy, Seconded by Thompson
AYES: Unanimous
Moved:
Vote:
F. PUBLIC HEARING
10) 223 DIVISO STREET - Appeal of Design Review Board Decision Denying Application
for Legalization of an as-built Fence on and near property - AP # 059-131-07 - (Malcolm
Misuraca and Victoria Brieant, Applicants/Appellants)
Associate Planner Theriualt said the Tiburon Building Department had discovered that the
Applicants were building a fence without permits and issued a stop work order in June 1999,
Although they claimed the fence was a replacement fence, and supplied the Planning Department
Staff with photographs showing a previous fence, Town Staff reissued a stop work order when it
was discovered that the fence was not a replacement fence, because the Town had previously
approved a smaller fence which no longer existed,
On January 14,2000, Applicants applied for a Staff level Site Plan and Architectural Review to
legalize their as-built fence, Due to objections from several neighboring property owners, Staff
referred the application to the Design Review Board, Prior to the meeting on this application,
Applicants submitted a survey of the property showing a fence, which existed on the site in 1976,
but failed to submit asurvey of the as-built fence prior to the Board's review.
At its public hearing ort June 1, 2000, the Design Review voted unanimously (3-0 with one
member abstaining and one member absent) to direct Staff to prepare a Resolution of findings to
deny the application, That resolution was adopted on June 15, and Applicants filed their appeal
on June 23,2000,
Associate Planner Theriault said that Staff recommended removal of the newer portion of the
fence, which did not match the 1976 fence, She said that portion was almost entirely outside of
the Applicants' / Appellants' property line,
Theriault noted that the Appellants would argue that the Town did not have jurisdiction over the
fence because [a portion of] it was built on an area along Diviso Street that belonged to neither
Town Council Alinutes #1200
September 20, 2000
Page 3
the Town nor the surrounding property owners, but rather, to the "heirs of Lyford,"
Ms, Theriault said additional issues of view blockage and safety had been raised at the hearing,
because of the height of the fence and the reduced off-street parking as a result of its
construction,
Malcolm Misuraca, Applicant! Appellant, 223 Diviso Street, said there had been a lot of confusion
regarding the fence, He stated that he had evidence of where the fence used to be and claimed
that it ran to the telephone pole [the portion Staff recommended removal of] in 1993 when he and
Ms, Brieant bought the property, He produced an August 1994 photograph to the Council which
showed the fence going to the telephone pole, and included in it a tree that blocked the view of
the [neighboring] Werbe's house. He showed a second photo taken at the same time, and said his
third piece of evidence was the existence and re-use of the old fence postholes,
Mr, Misuraca said that his surveyor, Larry Stevens, had talked with the fencemaker (who was one
and the same for the old and new fence) who corroborated his theory, However, Mr. Misuraca
acknowledged that there might have been some miscommunications between the Appellants and
Staff over perceived discrepancies that were never cleared up. He said he could not understand,
however, why the application was sent to the Design Review Board after Staff had granted a
building and encroachment permit in September 1999,
Mr, Misuraca said that a major issue for the Design Review Board was whether the application
was, in fact, to build a fence on public property, Misuraca said the survey showed it was not
public property, and further showed "bits and pieces" ofland up and down Diviso which were not
accounted for by either Lyford's Hygeia NO.3 or the Town, He claimed that his fence was on a
"remnant" property used by all the property owners, and that it was the property owners' right to
occupy it up to the pavement portion of the street
Furthermore, according to Mr, Misuraca, the parking had been improved by the installation of the
fence because he had brought in new railroad ties and gravel.
During the public comment portion of the hearing, Bill Lukes, 1906 Centro West, said his
recollection of the "old" fence that was installed in the 1980's concurred with Misuraca's
assertion that it went atl the way to the telephone pole, He said it was on a steep, weedy area that
he assumed was owned or maintained by the property owner.
Mr, Lukes said the Town ofTiburon had never maintained the area and that, from time to time,
the heirs of Lyford filed lawsuits against property owners (for encroachments) in that area, He
suggested that Mr, Misuraca and Ms, Brieant be given the opportunity to firm up their property
rights through a quiet title action and then confirm their application as owners. Lukes concluded
that they had acted in good faith,
Mayor Gram said this information raised an interesting question for him, namely, whether the
Town had the right to give permission [or not] to build on someone else's property,
Town Council ,Minutes # 1200
September 20, 2000
Page 4
Town Attorney Danforth clarified that an applicant's need for Design Review approval was
independent of the ownership issue, She suggested that the Town Council could approve the
subject application [or not] pending the Applicants' resolution of their property rights,
Danforth also noted that the Planning Director thought that the Town should also assert its
ownership rights in some areas of old Tiburon, but not necessarily this one,
Vice Mayor Thompson said that parking in the vicinity of the fence did not appear safe to him,
He said he saw a car with its rear end into the street, Planning Director Anderson said that as far
as he knew, the Tiburon Police enforced the Vehicle Code on Diviso (and all other) streets,
Councilmember Matthews said he found it hard to support the appeal because of the property
ownership questions, and conflicting testimony and photos,
Councilmember Bach said it seemed clear to him that a portion or most of the fence had been
taken down since 1994, so that the [new] fence did warrant design review, He asked the Town
Attorney if the length of time mattered between when the old fence was in place and the new one
was installed,
Town Attorney Danforth said that although there was no stated time limit in the Town's
ordinance, as long as it (the time limit) was consistently applied, it had legal status (In this
instance, Staff used a six-month criterion.)
Planning Director Anderson confirmed that the Town's policy for design review ofa "new"
application was six months, Mayor Gram commented that most cities used one year as a
"grandfather period,"
Councilmember Bach further questioned Mr, Misuraca's decision to build in an area that was not
his property, Mr, Misuraca replied that he and Mrs, Brieant did not have a survey map at the time
of purchase,
Councilmember Bach commented that in a condominium ownership arrangement, such as his
own, all the area that is left "public" could not be taken over by individuals for their exclusive
right '
Town Attorney Danforth said there were no prescriptive rights in this case,
Councilmember Hennessy said she had spoken to former Superintendent of Public Works Brunini
who commented that only six encroachment permits were issued by the Department between
1965 and 1985, and that no encroachment permit had been issued for the [1976] fence,
Mayor Gram said he was most troubled by the ownership issue, He asked Mr. Misuraca whether
he was willing to file a quiet title action. Misuraca answered affirmatively.
Town Council Minutes # 1200
September 20, 2000
Page 5
Mayor Gram asked whether the matter could be continued,
Town Attorney Danforth said that the Council could give immediate Design Review approval ifit
chose to,
Mayor Gram asked if there was, in fact, any issue with the design of the fence, Planning Director
Anderson said there was the issue of view blockage, In response to a further question from
Councilmember Bach, Anderson stated that the public view was an important part of the Town's
architectural and site plan review process,
Councilmember Matthews noted that if the fence were three and a half feet (or less), it would not
be an issue because design review would not have been required. He also said that if the
ownership issue was resolved, and the Applicants came back with an application for a lower the
fence, he would support it However, Matthews said he was prepared to vote to deny the appeal
at this time.
Vice Mayor Thompson said he thought the Council should support the Design Review Board's
decision and deny the appeaL Councilmember Hennessy commented that once the Appellants got
title, they would probably come back with a new application, but for now, they should lower
and/or take down the fence,
MOTION:
To deny the Appeal of the Design Review Board decision denying an Application
for legalization of an as-built Fence on or near 223 Diviso. *
Bach, seconded by Hennessy
AYES: Unanimous
Moved:
Vote:
Further discussion ensued,
Mayor Gram asked whether a denial would require removal of the fence before resolution of the
title issues, Councilmember Bach asked whether there was a time limit for removal of the fence,
Town Attorney Danforth said Council could set a "reasonable period" of time before removal was
required, Planning Director Anderson said the period was typically 30-60 days, Councilmember
Matthews proposed 9() days,
Mr, Misuraca said they would like to have enough time'to cure the title issues, and he offered to
return to the Design Review Board with an application for a lower fence in order to avoid tearing
it down [now l
Mayor Gram commented that a quiet title action could take nine months, Town Attorney
Danforth said Council could detennine whether an action had been filed in the Courts,
*The aforementioned motion was then amended to include a 90-day continuance authorizing
continuance of an unpermitted structure [the fence], pending further Design Review, and
Town Council Minutes #1200
September 20, 2000
Page 6
resolution of title issues,
G. NEW BUSINESS
II) GENERAL PLAN ANNUAL STATUS REPORT - FY 99-2000
Planning Director Anderson gave the report, which had been reviewed by the Planning
Commission at its September 13, 2000 meeting,
Councilmember Matthews asked whether the May 2000 Housing Element Workshop was well
attended, Anderson said that 7-8 people had attended.
Anderson recommended acceptance of the annual report and to direct Staff to forward it to the
State Department of Housing & Community Development and the Governor's Office of Planning
& Research, as required,
MOTION:
Moved:
Vote:
To accept report and recommendation above,
Bach, Seconded by Gram
AYES: Unanimous
12) PAY PHONE ON MULTI-USE PATH AT SOUTH KNOLL PARK - (parks & Open
Space Commission Recommendation)
Planning Director Anderson said the Town had been notified by Pacific Bell that due to low
usage, the pay phone located near South of the Knoll Park was going to be removed, He said the
Town had the option of paying $56 per month for its continuance,
Anderson said the Parks & Open Space Commission recommended that Council send a letter to
Pacific Bell requesting continuance of the pay phone in that location for safety reasons, but that a
majority of the Commissioners felt that the cost to the Town was excessive and not justified,
Vice Mayor Thompson said he felt that phone should be maintained because it was located in an
area where there was a concentration of children at play, He also cited an actual instance of using
the phone for an emergency call when one of the Parks & Open Space Commissioners broke an
ankle in the area,
Councilmember Bach argued that nowadays most people cany cell phones, and Councilmember
Hennessy said that one call per month (the average calls tracked by Pacific Bell) at that location
did not justifY the cost of Town maintenance,
MOTION:
Moved:
Vote:
To keep the pay phone at South Knoll, at the Town's expense,
Thompson, Seconded by Matthews
AYES: Thompson, Matthews
NOES: Bach, Gram, Hennessy
Town Council Minutes #1200
September 20, 2000
Page 7
Planning Director Anderson said he had just received word that the Town might get a six-month
extension for the phone from Pacific Bell.
H. UNFINISHED BUSINESS
14) CORTE MADERA HOUSING ELEMENT UPDATE - (Letter from Envirorunental
Consultant Greg Zitney, dated August 14, 2000) - Continuedfrom September 6,2000
Planning Director Anderson said that Tiburon residents in the vicinity of Robin Drive had retained
a highly qualified envirorunental consultant to review the draft EIR for the project and prepare a
fonnal comment letter to the Corte Madera Town CounciL
Mayor Gram said the Town ofTiburon should likewise send a letter to Corte Madera asking for a
response to the letter. Anderson said he would prepare the letter.
I.
None,
COMMUNICATIONS
J.
None,
STAFF & TOWN MANAGER REPORTS
K.
ADJOURNMENT - To September 27,2000 -Marin County Council of Mayors &
Councilmembers Meeting - Servino 's Ristorante
There being no further business before the Town Council of the Town of Tiburon, Mayor Gram
adjourned the meeting at 9: 12 p,m" sine die,
TOM GRAM, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #1200
September 20, 2000
Page 8
TOWN OF TIBURON
STAFF REPORT
TO:
TOWN COUNCIL
AGENDA NO.:
'2.
FROM:
SENIOR PLANNER WATROUS
SUBJECT:
ADOPTION OF RESOLUTION DENYING APPEAL OF
DESIGN REVIEW BOARD DECISION TO APPROVE SITE
PLAN AND ARCHITECTURAL REVIEW FOR
CONSTRUCTION OF AN ADDITION TO AN EXISTING
SINGLE-FAMILY DWELLING, WITH A VARIANCE FOR
REDUCED SIDE SETBACK (684 HILARY DRIVE)
MEETING DATE:
OCTOBER 18, 2000
------------------------------------------------------------------------------------------------------------------
SUMMARY:
On October 4,2000, the Town Council held a public hearing on an appeal of the Design Review
Board's decision to grant Site Plan and Architectural Review approval for the construction ofan
addition to an existing single- fumily dwelling, with a Variance for reduced side yard setback, on
property located at 684 Hilary Drive. At that meeting, the Town Council reviewed the appeal and
determined that the proposed construction would not result in significant view impacts from the
appellant's property located at 681 Hilary Drive. The Council then voted unanimously (4-0) to
deny the appeal, A resolution has been prepared memorializing this decision, and is attached.
RECOMMENDATION:
Adopt the attached resolution denying the appeal.
EXHIBITS:
I. Draft resolution
TIBURON TOWN COUNCIL
STAFF REPORT
OCTOBER 18, 2000
I
~
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
DENYING AN APPEAL BY IRMGARD BRUNNER
OF THE APPROVAL OF SITE PLAN AND ARCillTECTURAL REVIEW
FOR PROPERTY LOCATED AT 684 illLARY DRIVE
WHEREAS, on August 17,2000, the Design Review Board held a public hearing to
consider the approval of a Site Plan and Architectural Review application for construction of an
addition to an existing single-family dwelling, with a Variance for reduced side yard setback, at
684 Hilary Drive, proposed by Carol Weiss; and
WHEREAS, after receiving public testimony, including concerns raised by a neighboring
property owner regarding potential view impacts which would be caused by the proposed
addition, the Board detennined that the proposed structure would have not have a significant
impact on the views from the nearby home at 681 Hilary Drive, and would not extend beyond the
height of the existing ridgeline of the house, and
WHEREAS, the Design Review Board found that the requested Variance was appropriate
based on the findings set forth in the Staff report dated August 17,2000, and unanimously
approved (by a vote of3-0) the Site Plan and Architectural Review application for this property;
and
WHEREAS, on August 25, 2000, Inngard Brunner ("Appellant"), owner of the nearby
property at 681 Hilary Drive, filed an appeal of the Board's decision to approve this application;
and
WHEREAS, on October 4,2000, the Town Council of the Town of Tiburon held a duly-
noticed public hearing on the appeal; during which public testimony was heard regarding the
extent of the proposed construction and the potential view impacts which would be caused by the
proposed construction.; and
WHEREAS, after hearing all testimony and reviewing all documents in the record, the
Town Council found that: 1) the amount of the Appellant's view which would be blocked by the
proposed construction would be minimal, and is currently partially blocked by an existing utility
pole; 2) the proposed construction would not increase the height of the existing roofline of the
subject residence; and 3) the Design Review Board correctly applied the guidelines for Site Plan
and Architectural Review applications and the Tiburon Hillside Design Guidelines in reviewing
and approving this request; and
Tiburon Town Council
Resolution No,
1011812000
1
WHEREAS, the Town Council also made the necessary findings to approve the requested
variance, as set forth in the Staff report to the Design Review Board dated August 17, 2000,
which report is incorporated herein by reference; and
WHEREAS, based on the above findings, the Council detennined to deny the appeal by
the Appellant and uphold the Design Review Board's approval of the project (a vote of 4-0),
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon memoriaIizes that the appeal ofIrmgard Brunner was denied, on October 4, 2000, as set
forth in this resolution.
PASSED AND ADOPTED at a regular meeting of the Town Council on October 18,
2000, by the following vote:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
TOM GRAM, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACePI, TOWN CLERK
Tiburon TaNn Council
Resciutlon No.
1011812000
2
TIBURON TOWN COUNCIL
STAFF REPORT
October 18, 2000 ITEM: 3 (It )
TOWN COUNCil. CONSENT
RICHARD STRANZL, FINANCE DIRECTOR
REPLACEMENT OF CORPORATION YARD GAS PUMPS APPARATUS-
Budget Amendment for Purchase & Installation
MEETING:
TO:
FROM:
SUBJECT:
BACKGROUND & DISCUSSION:
This item is for authorization and amendment of the capital outlay budget to purchase and install a
new gas pump unit in the Public Works Corporation Yard.
The existing 19-year old gas pump apparatus is failing, and for reasons associated with emergency
planning; regular service provided to the Town's Police, Public Works, and Planning Department
vehicles; as well as, to most public agencies that serve the Tiburon Peninsula community, it is
necessary that a new unit be purchased and installed as soon as possible,
Above-ground storage tanks'
The task will entail: the removal of existing pumps from the gasoline and diesel fuel storage tanks;
installation of new compact suction pumps at the tanks, installation of new piping, conduit and
wiring; and the testing of the new pumps and checking of calibration of the delivery system.
RECOMMENDATION:
Town Council authorize the purchase ofa new Above Ground Gas Tank (Pump) unit to replace
the failing pumps, and the appropriation of an $8,500 from the General Fund Capital Equipment
Replacement Reserve for this purpose,
.~
R. Stranz1
1
TIBURON TOWN COUNCIL
STAFF REPORT
MEETING:
TO:
FROM:
SUBJECT:
October 18, 2000
ITEM:
3(6)
/
CONSENT
TOWN COUNCIL
RICHARD STRANZL, FINANCE DIRECTOR
SIDEWALK CURB CUTS (ADA ACCESS) - Budget Amendment for
Construction of Additional Curb Cuts
BACKGROUND:
This item is for authorization and budget amendment to undertake construction of five (5)
sidewalk curb cuts located in the Blackfield Drive area, The proposed curb cuts would be in
addition to the curb cuts planned for, and recently completed in, this Fiscal Year,
DISCUSSION:
The Fiscal Year 2000-01 Capital Improvement Streets Program Budget includes an allocation of
$5,000 of State Gas Tax monies for construction of 5 sidewalk curb cuts in the Avenida
Miraflores (Del Mar School) area, Construction of these curb cuts was recently completed,
Completed Curb Cuts
Avenida Miraflores @ Hilary Drive (East) 2
Avenida Miraflores @HilaryDrive(West) 1
Hilary Drive @ Rowley Circle 2
The Superintendent of Public Works now recommends that 5 additional curb cuts be constructed
along Blackfield Drive, for reasons associated with high pedestrian usage and safety,
Proposed Curb Cuts
Blackfield Drive @ Via Los Altos 1
Blackfield Drive @ Via San Fernando 2
Blackfield Dri~e @ Via Capistrano 2
RECOMMENDATION:
Town Council approve the request to construct 5 additional sidewalk curb cuts in the Blackfield
Drive area, and approve the appropriation of an additional $8,000 from the State Gas Tax Fund
for this purpose.
-~
R Stranzl
1
TIBURON TOWN COUNCIL
STAFF REPORT
Subject:
October IS, 2000
TOWN COUNCIL MEMBERS
RICHARD STRANZL, FINANCE DIRECTOR
FISCAL YEAR 2000-2001 FINANCIAL REPORT -
1st FISCAL QUARTER, AS OF SEPTEMBER 30, 2000
-f-
Meeting:
To:
From:
Item:
BACKGROUND
This Staff Report provides SUIlUlUII)' narrative and financial information concerning the General FwxI Operating Budget, the
Capital Improvement Program, and FWJd Resources of the Town for Fiscal Year 200 I, through the I st Fiscal Quarter (ended
September 30, 2(00), and includes projections to year-end closing on June 30, 2001,
SUMMARY
Staff currently projects that the General Operating Budget, net of fund reallocations and transfers, will be in SW'Jllus by fiscal
year-end. The estimated year-end General FWJd Unallocated Reserve balance will be approximately $1,40S,000, This amoWlt
represents a 33% reserve against projected operatins expenditures,
It is also estimated that combined General Fund Reserve resources will be $3,472,000, of this amount $2,064,000 will be in
Designated Reserve Funds,
RECOMMENDATION
Town Council accept the Financial Report for the I st Quarter of Fiscal Year 2000-0 I.
SECTION ATIACHMENTS
I , Operating Budget
2, Capital Improvement Program
3, FWJd Resources.
~~
R Stranz1
Financial Report. Fiscal Year 2000-01, 1st Fiscal Quarter. September 30, 2000
Town Council Meeting of October 18. 2000
1
GENERAL FUND OPERATING BUDGET
Appropriation totals for budgeted Revenues, Expenditures. and Transfers incorporate changes that have been approved since
initial adoption of the budget in July 2000,
BUDGET SUMMARY STATUS
As projected, General Fund operating revenues will exceed expenditures by $279,000,
Budget Budget Y-T-D Estimated Variance % Budget
Adooted As Revised 913012000 to Year-End (unfav) YID
Revenues 4,416,300 4,416,300 643,100 4,513,000 96,700 14.6%
Expenditures 4,234,100 4,244,100 989,100 4,234,000 10,100 23.3%
Operating Net: $ 182,200 $ 172,200 $ (346,000) $ 279,000 $ 106,800
Other Sources I Transfers In
Transfer In (COPS) 74,700 74,700 0 54,700 (20,000)
RDA Repayment Advance 0 225,000 225,000 225,000 0
Other Sources: $ 74,700 $ 299,700 $ 225,000 $ 279,700 $ (20,000)
Other Uses & Transfers (Out)
Transfers (Out) 0 (515,000) (515,000) (515,000)
Mortgage Agreement 0 (250,000) 0 (250,000)
Other (Uses): $ 0 $ (765,000) $ (515,000) $ (765,000) $ 0
Adjusted Net: $ 256,900 $ (293,100) $ (636,000) $ (206,300) $ 86,800
Fund Balance, Open 1,614,500 1,614,500 1,614,500 1,614,500
Fund Balance, Close $ 1,871,400 $ 1,321,400 $ 978,500 $ 1,408,200
The projected Unallocated Reserve Balance of $1 ,408,000 represents a 33% reserve for Operating Expenditures.
Financial Report, Fi.cal Year 2000-01, 1.t Fi.cal Quarter, September 30, 2000
Town Council Meeting a/October 18, 2000
2
GENERAL FUND OPERATING BUDGET
OVERVIEW OF OPERATING REVENUES & EXPENDITURES
Budget Budget Actual Estimated Variance % Budget
Adooted Revised 0913012000 to Year-End (wlfav) Y-T-D
REVENUES
Property Taxes 1,415,000 1,415,000 700 1,490,000 75,000 O.()"/o
Other Taxes 1,082,000 1,082,000 131,600 1,082,000 0 12,2%
Franchises 282,000 282,000 0 282,000 0 0,0%
Fines & Forfeilw'es 126,000 126,000 13,900 126,000 0 1\.0%
Investment Earnings 125,000 125,000 0 125,000 0 o.()%
Intergovernment & Agency 470,400 470,400 123,400 474,000 3,600 26,2%
Li~ & Pennits 663,400 663,400 225,400 675,000 11,600 34,0%
Charges for Service 148,500 148,500 81,500 155,000 6,500 54,9%
Other Revenues 104,000 104,000 . 66,600 104,000 0 64,0%
T ota! revenues: $4,416,300 $4,416,300 $643,100 $4,513,000 $96,700 14,6%
EXPENDITURES
Town Attorney 167,900 167,900 45,600 168,000 (100) 27,2%
Town Administration 608,200 608,200 195,000 613,000 (4,800) 32,1%
Administration Building 46,900 46,900 11,500 47,000 (100) 24,5%
Planning 449,900 459,900 69,700 459,000 900 15.2%
Building Inspection 272,100 272,100 60,000 272,000 100 22,1%
Police 1,802,200 1,802,200 384,400 1,782,000 20,200 2L3%
Police Building 38,300 38,300 7,100 38,000 300 18.5%
PW Streets Maintenance 413,700 413,700 101,000 414,000 (300) 24,4%
Town Engineer 89,500 89,500 17,500 90,000 (500) 19,6%
Street & Signal Light System 48,700 48,700 2,600 49,000 (300) 5.3%
PW Parks Maintenance 234,700 234,700 64,500 230,000 4,700 27.5%
PW Corporation Yard 32,700 32,700 19,600 42,000 (9,300) 59,9%
Town Council 20,300 20,300 1,100 20,000 300 5,4%
Town COnunlssions . 9,000 9,000 9,500 10,000 (1,000) 105,6%
,-
T ota! expenditures $4,234, I 00 $4,244,100 $989,100 $4,234,000 $10,100 23.3%
NET REVENUES less $182,200 $172,200 ($346,000) 5279,000 $86,600
EXPENDITURES
Transfers- In 74,700 74,700 0 54,700 (20,000) o.()%
RDA Repayment of Advance 225,000 225,000 225,000 0 100,0%
Transfers (Out) (515,000) (515,000) (515,000) 0 100.0%
Mortgage Agreement (250,000) 0 (250,000) (250,000) 0.0%
FWId Balance, July 1 1,614,500 1,614,500 1,614,500 1,614,500
FWId Balance, JWle 30 $1,871,400 $1,321,400 $978,500 51,408,200
Financial Report, Fiscal Year 2000-01, 1st Fiscal Quarter, September 30, 2000
Town Council Meeting a/October 18, 2000
3
GENERAL FUND OPERATING BUDGET
GENERAL REVENUES SUMMARY STATUS
SUMMARY STATUS
Year-to-Date: 5643,100, or 14.% of budget
Estimated Year: S4,513,OOO, or 2% over budget.
Property Taxes:
Projected ahead of budget by 5%, or $75,000, due a projected ERAF rebate ofS45,OOO
and an overall increase in assessed valuation from the prior year, The I st installment of
Property Taxes is due in December ,
Other Taxes:
Projected to be as budgeted (revised). Sales Tax, Real Estate Transfer Tax, and Hotel
Tax trends will emerge by mid-year
Franchise Fees:
Projected as budgeted. Cable and Refuse fees are received quarterly, PG&E fees are
received once annually in April,
Fines & Fotfeitures:
Projected as budgeted
Interest Earnings:
Projected as budgeted, Proceeds received quarterly,
Other Agency Revenue:
Projected ahead of budget by $3,600, Matching contributions for printing of Walking
Guide Brochure.
Licenses & Permits:
Projected ahead of budget by $11,600, Building Permit and related construction permit
activity has been strong, Regular Business License revenues are realized during the
mid-year renewal period"
Charges for Service:
Projected ahead of budget by $6,500, Revenues associated with building construction
activity have been strong,
Other Revenue:
Projected as budgeted
Financial Report, Fiscal Year 2000-01, 1st Fiscal Quarter, September 30, 2000
To..n Council Meeting a/October 18, 2000
4
GENERAL FUND OPERATING BUDGET
GENERAL FUND EXPENDITURES
SUMMARY STATUS
Year-to-Date: $989,100, or 23% of budget
Estimated Year: $4,234,000, $10,100 less than planned, nearly as budgeted.
Town Attorney:
Projected approximately as budgeted.
Town Administration:
Projected slightly over budget Management recruiting and transitional costs.
Administration Building:
Projected approximately as budgeted.
Risk Management:
Projected as budgeted. All costs recharged to Departments, Liability, Workers'
Compensation and Property 1nsw"ance(s)
Planning:
Projected approximately as budgeted. Important items in progress include the General
Plan and Housing Element Updates. and the Design Guidelines project,
Building Inspection:
Projected approximately as budgeted, ,
Police Department:
Projected tmder-budget. There may be salary savings associated with vacant positions
(Investigator, Officer,)
Police Building:
Projected approximately as budgeted.
PW Streets Maintenance:
Projected approximately as budgeted,
Street & Signal Light System;
Projected approximately as budgeted,
PW Parks Maintenance:
Projected under-budget There may be salary savings associated with vacant positions
(paks Maintenance Worker, now filled)
PW Corporation Yard:
Projected over-budget by $9,300, Costs of electrical system service repair/upgrade.
Town Engineer:
Projected approximately as budgeted.
Town Council:
Projected approximately as budgeted
Town Commissions:
Projected over-budget by $1,000, Reprinting ofWa1king Guide Brochw'e(offset by
matching contributions.) ,
Financial Report, Fiscal Year 2000-01, Jsl Fiscal Quarter, September 30, 2000
Town Council Meeling o/Oclober 18, 2000
5
GENERAL FUND OPERATING BUDGET
OTHER FINANCING SOURCES (USES):
L SOURCE: REDEVELOPMENT AGENCY REPAYMENT OF ADVANCE
The amount of $225,000, that was owed by the Redeve10pment Agency (RDA) to the General FUIId Una1located Reserve (as
advanced from the General FUIId to the RDA for the Ned's Way Senior Housing Project) was received in August 2000,
2, REAlLOCA nONS & TRANSFERS (OUT)
In September 2000, Town Council approved the rea1locatioo of $515,000 from the General FUIId Unallocated Reserve to certain
Designated Reserves of the General FUIId, As indicated in the following table
Capital Outlay Reserve
Capital Equipment Reserve
Compensated Leave Reserve
Housing Assistance Reserve (new)
New Public Works Building Reserve
Park Development Reserve
Self Insurance Reserve
Streets & Drainage Reserve
Storm Damage Reserve (new)
$ 0
o
65,000
300,000
50,000
o
o
o
!OO,OOO
Total Reallocations:
$ 515,000
Financial Report, Fiscal Year 2000-01, 1st Fiscal Quarter, September 30,2000
Town Council Meeting o/October 18, 2000
6
CAPITAL UMPROVEMENT PROGRAM
This section presents SIlIIIIIl8I)' information concerning the status of the Town's Capital Improvement Program plan,
STREET .. SIDEWALl{ UMPROVEMENTS,
The total amount currently canied-forward and allocated for street improvement projects is now $451.000,
Of this amount $245,000 will be funded by a 1998 State Transportation Gnmt (STIP) for roadway rehabilitation and overlays,
The canied-forward streets projects are scheduled for completion in October-November 2000,
A total of $400,000 is allocated for improvements inFY 2001, State Gas Tax ($190,000) and Tibwon Streel Impact ($210.000
will be utilized for street and sidewalk projects, Specific overlay projects will be recommended by the Town Engineer upon
completion of an updated pavement management report.
DRAINAGE UMPROVEMENTS:
An amended total of$332,000 in Drainage Improvements is planned for FY 2000,
The Greenwood Beach Road Easement Project - which requires combined Town. FCZ4 and homeowner funding in the 8IIIOlU1t of
$130,000 is scheduled for completion in October-November 2000
COMMUNITY DEVELOPMENT IMPROVEMENTS,
An amended total of $298,600 in Commtatity Development Projects is planned,
These projects are to be funded with a combination of Town Reserve, Restricted Project FlUIds, and Grant FlUIds
Two (2) additional capital projects have been authorized since adoption of the budget in July - participation in the Belvedere Reed
Basin Drainage Diversion Project, and the A venida Miraflores Median Landscape Maintenance Project.
REDEVELOPMENT IMPROVEMENTS:
Final implementation of the Chandler's Gate Senior Housing Project will result in Agency Participation in the Affordable
Housing component of the Senior Housing Project. A total of $800,000 of Housing Set-Aside monies will be used for this
purpose, This is anticipated in Fiscal Year 2002,
Financial Report, Fiscal Year 2000-01, 1st Fiscal Quarter. September 30, 2000
Town Council Meeting o/October 18, 2000
7
CAPITAL IMPROVEMENT PROGRAM
STREET & SIDEWALK IMPROVEMENTS
Project Funding Source Budget Actual Estimated
0913012000 to Year-End
. CARRY FORWARD (FY 2000)
State STIP Grant S 245,000
Streets Drainage Reserve S 29,000
Tiburon Street Impact S 177,000
1 Centro East (paradise/Solano) STIP Grant 30,000 0 30,000
2 Comstock Drive STIP Grant 33,000 0 33,000
3 Greenwood Beach Road Tiburon Street Impact 40,000 0 40,000
4 Irving Cowt STIP Grant 15,000 0 15,000
5 Jefferson Drive STIP Grant 30,000 0 30,000
6 Silverado Drive STIP Grant 47,000 0 47,000
7 Solano Street STIP Grant 18,000 0 18,000
8 Virginia Drive STIP Grant 23,000 0 23,000
9 Vislazo West STIP Grant 63,000 0 63,000
10 Washington Court STIP Grant 15,000 0 15,000
II Lower N, Terrace Tiburon Street Impact 27,000 0 27,000
12 Upper N, Terrace Tiburon Street Impact 17,000 0 17,000
13 Sugar Loaf Drive Tiburon Street Impact 55,000 0 55,000
14 Venado Tiburon Street Impact 38,000 0 38,000
. FISCAL YEAR 200 1
State Gas Tax S 190,000
Tiburon Street Impact S 210,000
I Street Projects not yet designated State Gas Tax 140,000 0 140,000
by Town Engineer Tiburon Street Impact 200,000 0 200,000
2 Street Study ,- State Gas Tax 10,000 0 10,000
3 Sidewalk Curb Cuts (ADA) State Gas Tax 5,000 0 8,000
4 Provision-miscellaneous repair State Gas Tax 25,000 7,500 25,000
5 Engineering Costs State Gas Tax 10,000 2,000 10,000
.. Tiburon Street Impact 10,000 1,900 10,000
TOTALS: $851,000 $11,400 $854,000
Note: The STIP Grant-funded projects will be accounted for in the General Fund Streets & Drainage Reserve Fund. All planned
streets projects will be funded with STIP and Streets & Drainage monies,
Financial Report, Fi.cal Year 2000-0/. /.t Fi.cal Quarter, September 30, 2000
Town Council Meeting o/October /8, 2000
8
CAPITALllKPROVEMENTPROGRAM
DRAINAGE llKPROVEMENTS
Project Fwuling Source Budget Aetual Estimated
0913012000 to Year-End
1 Greenwood Beach Road Easement Homeowners $ 70,000 130,000 0 130,000
FeZ4 $ 10,000
Streets & Drainage $ 50,000
2 Reed Ranch- Tiburon Blvd Path Streets & Drainage Reserve 47,000 7,600 47,000
3 Old Landing Road Streets & Drainage Reserve 50,000 0 50,000
4 Main Stn:et-Bellevue Slope Wall Streets & Drainage Reserve 35,000 0 35,000
5 Mar We1ft. Raccoon Lane Streets & Drainage Reserve 60,000 0 60,000
6 Provision-miscellaneous repair StreetS & Drainage Reserve 10,000 6,200 10,000
TOTALS: $332,000 $13,800 $332,000
Financial Report. F13cal Year 2000-01, 1st Fiscal Quarter. September 30. 2000
Town Council Meeting of October 18, 2000
9
CAPITAL IMPROVEMENT PROGRAM
COMMUNITY DEVELOPMENT PROJECTS
Project Funding SoW'ce Budget Actual E.dimatM
0913012000 to Year-End
I Richardson Bay Lineal Multi-Use Park Development Reserve 30,000 0 30,000
Path - park repairs, improvements
2 Public Parks Recycling Park Development Reserve 5,000 0 5,000
Receptacles (State Grant Funded)
3 Tiburon Boulevard-Ned'. Way Tiburon Boulevard Circulation 20,000 0 20,000
Intersection Improvements System Fund
4 Zelinsky Park Improvements Flood Plain Fund 530,000 50,000 0 50,000
Parks In-Lieu Fund 520,000
5 Public Works Corporation Yard Public Works Building Reserve 25,000 0 25,000
Master Plan
6 Downtown Beautification - Main Millenniwn Event Funds 7,000 0 7,000
Street- TibW'On Boulevard
7 Pine Terrace Park Path Park Development Reserve 25,000 0 25,000
Improvements
8 Street Light Pole Replacement - Capital Outlay Reserve 30,000 0 30,000
TibW'On Boulevard (9/23 poles)
9 Town Hall Lobby Improvements - Capital Outlay Reserve 10,000 1,000 10,000
study, acoustics, furnishing
10 10 I TibW'on Wye Improvements - TibW'on Planning Area Mitigation 60,000 0 60,000
County Directed Fund
ADDED / AMENDMENT
A venida Miraflores Medians Park Development Reserve 7,000 2,200 7,000
Homeowners (52,000)
Marsh Management Study Marsh Maintenance Fund 7,600 0 7,600
Belvedere Drainage Diversion - Parks In-Lieu Fund 22,000 0 22,000
Lineal Path Landscaping (Town Contribution)
TOTALS: 5298,600 53,200 5298,600
Financial Report. Fi,cal Year 2000-01. 1,t Fi,cal Quarter. Seprember 30, 2000
Tawn Council Meeting of October 18, 2000
10
FUND RESOURCES
GENERAL FUND RESERVES:
It is curreutly _;mo'...! that the June 30, 2001 combined balance foe all Reserves of the General Fund will be 53,472,000, and
the estimated GeneraJ Fund UnalIocated Reserve balance will be 5 I ,408,000. The combined balance for all other General Fund
reservcs will be approximately 52,064,000,
OTIlER RESTRICTED CAPITAL IMPROVEMENT FUNDS:
Current Fund Balances of certain restricted capital projects funds 00 September 30, 2000, include:
Gas Tax Fund, 5180,300
Flood Plain Restoration Fund, 530,900
Housing In-Lieu Fund, 5866,000
Marsh Restoration Fund, $89,300
Open Space Acquisition Fund, 5109,900.
Tiburon Parks In Lieu Fund, 5251,900
Tiburon PIlIDIling Area Mitigation, 5147,000
Tiburon Traffic Circulation System Fund, 5 I 09,200
Tiburon Street Impact Fund S423,IOO
The above Fund Balance amoWlts are not adjusted for capital project commitments or anticipated revenues,
REDEVELOPMENT AGENCY FUNDS:
By Fiscal Year-end, (JWle 30, 2(01) the Housing Set-Aside Fund has estimated current available resources of 5340,000; this
amOWlt is net of the Agency COIIUDitment of $800,000 to the Chandler's Gate Senior Housing Project.
Financial RepOrl, Fiscal Year 2000-01, 1st FIScal Qual1er, September 30, 2000
Tawn Council Meeting o/October 18, 2000
II
FUND RESOURCES
STATEMENT OF FUND BALANCES - ESTIMATED TO JUNE 30,2001
Balance Revenue Expenses Transfers & Transfers & Balance
Sources-
July 1st Estimate Estimate Sources- In (Out) JWIC 30th
GENERAL RESERVES
Uoallocated Operating Reserve 1,614,500 4,513,000 (4,234,000) 279,700 (765,000) 1,408,200
Capita! Equip Replacement 330,149 12,900 ( 192,300) 132,800 283,549
Capita! Outlay 312,913 (40,000) 272,913
Employee Compensated Leave 228,375 (83,000) 65,000 210,375
Employee Housing Assistance (new) 0 300,000 300,000
New Police Facility 163,854 (163,854) 0
New Public Works Facility 50,000 (25,000) 50,000 75,000
P8lk Development 174,130 14,000 (62,000) (22,500) 103,630
Self Insurance 327,103 327,103
Storm Damage (new) 0 100,000 100,000
Streets & Drainage 437,546 315,000 (361,000) 391,546
Total reserves; $3,638,570 $4,854,900 ($5,161,154) $927,500 ($787,500) $3,472,316
OTHER FUNDS
Flood Plain 30,923 700 (30,000) 1,623
Ferry Dock Realignment (new) 0 0
LowlModerate Housing 257,010 100,000 (27,300) 600,000 929,710
Marsh Restoration 89,320 4,800 (7,600) 86,520
Open Space Acquisition 109,928 6,400 116,328
Police Suppl Law Enforcement 56,516 205,000 (6,500) (54,700) 200,316
Police Asset Forfeiture 3,803 200 4,003
Property Development Tax 13,685 22,000 35,685
State Gas Tax 156,434 190,000 (190,000) 156,434
Street Frontage Improvement 9,583 500 10,083
Stewart Dr Assessment Dist (new) 37,164 500 (37,100) 564
Tiburon Circulation System 56,130 60,000 (20,000) 96,130
Tiburon Planning Area Mitigation 111,235 40,000 (60,000) 91,235
Tiburon Heritage & Arts 2,701 10,000 (8,000) 4,701
Tiburon Parks In-Lieu 0 229,500 (42,000) 22,500 210,000
Tiburon Playgrowul Improvement 9,435 500 9,935
Tiburon Street Impact 305,734 175,000 (387,000) 93,734
T ota! other funds; $1,249,601 $1,045,100 ($815,500) $622,500 ($54,700) $2,047,001
REDEVELOPMENT AGENCY
General 51,960 511,500 (502,500) 60,960
Housing Set-Aside 412,548 230,000 (23,500) 1,350,000 (825,000) 1,144,048
T ota! redevelopment: $464,508 $741,500 ($526,000) $1,350,000 ($825,000) $1,205,008
Financial Report, Fiscal Year 2000-01. 1st Fiscal Quarter, September 30, 2000
Town Council Meeting a/October 18. 2000
12
LAW OFFICES
n~ J/a f:2)
DEBORAH J. FOX
MARGARET MOORE SOHAGI
JOSEPH H, McDOUGALL
THOMAS H CASE
Fox & SOHAGI, LLP
A REGISTERED LIMITED LIABILITY PARTNERSHIP
10960 WILSHIRE BOULEVARD, SUlTE 1270
LOs ANGELEs, CAUFORNlA 90024-3702
FACSIMILE
(310) 444-7813
PHILIP A, SEYMOUR
OF COUNSEL
TELEPHONE
(310) 444-7805
~~@~~\!)"-'---'
-1 OCT 1 0 2000 '.
, _I
TOWN ATTORNEY'S C -
TOWN OF TIDURCl"
October 5, 2000
City Attorney
Re: Request For Amicus Support - Lim v, City of Long Beach
United States Supreme Court
Dear Colleague:
On behalf of the City of Long Beach, our office joins with the Legal
Advocacy Committee of the League of California Cities in urging you to add your city as
amicus asking the United States Supreme Court to accept certiorari in this important
adult business regulation case - Lim v, City of Long Beach, 217 F ,3d 1050 (9th Cir, 2000),
On September 20, 2000, the Executive Committee of the Legal Advocacy Committee
recommended that cities join the amicus brief that is being prepared by Deborah J, Fox of
Fox & Sohagi. The League's Board of Directors will meet on November 17,2000 and it
is anticipated that they will then approve the Executive Committee's recommendation,
Four existing adult businesses challenged Long Beach's adult business
ordinance, alleging the ordinance is unconstitutional because it fails to provide adequate
relocation sites and requires amortization of existing non-conforming adult facilities,
This matter was tried in federal court before the Honorable Judge Paez, On May 15,
1998, Judge Paez ru!ed that Long Beach's ordinance is constitutionally sound, Plaintiffs
appealed to the Ninth Circuit.
The Ninth Circuit Court of Appeals affirmed in part, reversed in part and
remanded, The Ninth Circuit held that a city meets its burden of justifYing a restriction of
free speech under an adult entertainment zoning ordinance by specifYing in good faith a
reasonable list of potentially available properties. However, the Ninth Circuit found the
public entity has the burden of proof to show there is a reasonable range of alternative
sites, More troubling is the Ninth Circuit's analysis of whether property has a "genuine
Fox & SOHAGI, LLP
City Attorney
October 5, 2000
Page 2
possibility" of becoming available for a commercial use, The Court remanded to allow
plaintiffs to present evidence concerning the availability of alternative commercial
locations in Long Beach's real estate market. The Court noted that plaintiffs could
present evidence that Long Beach's proffered properties would not "become available
because, for example, they were encumbered by long term leases,"
This case may have a direct impact on your city's efforts to regulate adult
uses within your community and to amortize out existing non-conforming adult uses, The
issues include:
I, What is constitutionally required in order for a community with
existing adult uses to establish a reasonable range 'of alternative sites?
2, Does the City bear the burden of proof to establish that there is a
sufficient number of available sites for the relocation of existing adult use operators?
3, Is there a different standard for evaluating sites when dealing with
existing adult facilities located within a jurisdiction versus new adult facilities moving
into a jurisdiction?
4, What is the standard for defining the potential "availability" of sites
within the relevant market under Topanga Press and City of Renton?
5, ;Do long term leases disqualify a site from being considered as part of
the relevant real estate market? How long is required before the lease disqualifies a site
from the existing market? What other market factors will eliminate sites from a "genuine
possibility" of availability?
An amicus brief from California cities will substantially bolster the chance
of the D,S, Supreme Court granting certiorari and if granted, it will have far-reaching
significance for all California cities, We will argue that the relevant market does not
require that sites be unoccupied and "camera ready" for an existing adult use operator,
Fox & SOHAGI, LLP
City Attorney
October 5, 2000
Page 3
We think this is a matter of widespread interest to all cities, and that amicus assistance
from cities is critical.
Currently, Long Beach's petition for certiorari is due on November 21,
2000 and we request that you obtain any necessary authority and notify our office on or
before November 10, 2000, A consent form to confirm your authorization is enclosed for
your use, Your city will not be charged should it choose to support this effort,
Please feel free to telephone me directly at (310) 444-7805, or e-mail me
care of djfox@fox-sohagi.com should you have any questions on this case, Alternatively,
feel free to contact Long Beach Deputy City Attorney Dan Murphy, Many thanks for
your support,
Sincerely,
~
DEBORAH J, FOX
of FOX & SOHAGI, LLP
Enclosure
cc: JoAnne Speers, General Counsel,
League of California Cities
Daniel S, Murphy, Deputy City Attorney,
City of Long Beach
Clark Alsop, City Attorney
City of Fontana
Ibeach\amicus-ltrl,wpd\70501.02S
Tje ~ AJ(). ~/
CITY OF MOUNTAIN VIEW
Office of the City Attorney. 500 Castro Street. P.O, Box 7540 . Mountain View, California 94039-7540
650-903-6303. FAX 650-967-4215
DATE:
October 6, 2000
fD)~@~~w~rm
IJi) OCT 1 0 2IllJ @
TOWN ATTORNEY'S OFFICE
TOWN OF TIBURON
TO:
All California City Attorneys
FROM:
Michael D, Martello, City Attorney
SUBJECT: AMICUS BRIEF IN DA VID LAMAR V. CITY OF MOUNTAIN VIEW
REGARDING FLUORIDATION OF WATER
On behalf of the City of Mountain View, we join with the California League of Cities in
requesting that you add your City's name to an amicus brief which will be filed with the
Sixth District Court of AppeaL A form letter of authorization is enclosed for your
convenience, The brief is being prepared by Mark A. Wasser, Esq" of Kronick,
Moskovitz, Tiedemann & Girard of Sacramento on a pro bono basis,
LEGAL ISSUE
The issue in the amicus brief for this case is: whether fluoridation of the municipal water
supply is exempt from environmental review pursuant to CEQA because (I) the
legislature has mandated fluoridation; (2) the state has pre-empted the field of regulation
of the public water quality and constituents; and (3) construction of the "plumbing
facilities" to implement fluoridation is statutorily exempt from CEQA,
BRIEF DESCRIPTION OF CASE
In 1996 the state legislature amended the Safe Drinking Water Act to require that all
water supplies with ,more than 10,000 service connections fluoridate their water as soon
as non-rate payer money is available to implement fluoridation,
The Mountain View City Council voted in December, 1998, to proceed with fluoridation,
subject to obtaining outside funding. Upon receiving such funds from the County of
Santa Clara, the local water district, and other sources, the Council voted in December,
1999, to approve the construction project for the facilities necessary to introduce fluoride
into the water system.
Plaintiff filed a complaint alleging (I) the illegal expenditure of public funds; and (2)
failure to comply with CEQA in that the Council determination to fluoridate the water
required an EIR, and that the approval of the construction project triggered the CEQA
statute of limitations,
.1-
Recycled Papa
The City filed a demurrer to the second amended complaint on the grounds that the local
decision to fluoridate the water is exempt from CEQA because it was mandated by state
law, and that even if it were subject to CEQA, the action was time-barred based on the
December, 1998, Council decision to fluoridate the water, The City also successfully
argued that moneys spent on fluoridation are a lawful expenditure of public funds,
Plaintiff is appealing the demurrer to both causes of action.
FILING SCHEDULE
The City's brief is due on October 17, 2000, We therefore request that cities joining in
the amicus return the authorization by facsimile to Mark Wasser at 916-321-4555 by
October 12, 2000, City Attorneys, please specify if you would like your name on the
brief and if so, please list your state bar number,
CONCLUSION
We seek your support in obtaining an appellate decision that a determination of a city to
fluoridate the public water system is exempt from CEQA,
If you need further information, please do not hesitate to contact us,
Very truly yours,
Av c.h OJ-f) 1),1/0-1 ~
~
Michael D, Martello
City Attorney
- 2-
TOWN OF TIBURON
STAFF REPORT
TO:
TOWN COUNCIL
AGENDA NO.:
to
FROM:
ASSOCIATE PLANNER THERIAULT
SUBJECT:
APPEAL OF DESIGN REVIEW BOARD DECISION TO
APPROVE SITE PLAN AND ARCHITECTURAL REVIEW
FOR A CONSTRUCTION OF NEW SINGLE-FAMILY
DWELLING; 19 CIBRlAN DRIVE
MEETING DATE:
REPORT DATE:
OCTOBER 18,2000
OCTOBER 10,2000
APPLICANTS - DANNY AND LINA ARCENAL
APPELLANTS - MARC AND ANETTE LOUPE
PROJECT DATA:
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE:
DATE COMPLETE:
CEQA EXEMPTION:
19 CIBRIAN DRIVE
038-011-43
700138
71,873 SQUARE FEET
RPD (RESIDENTIAL PLANNED DEVELOPMENT)
ML (MEDIUM LOW DENSITY RESIDENTIAL)
C
AUGUST 17, 20~0
SEPTEMBER 6, 2000
BACKGROUND:
On September 7, 2000 the Tihuron Design Review Board granted Site Plan and Architectural
Review approval to allow for the construction of a new single-family dwelling on property located
at 19 Cibrian Drive. Marc and Anette Loupe, the property owners of the inunediately adjacent lot
to the south of the subject property, have now appealed this decision to the Town Council.
T1BURON TOWN COUNCIL
STAFF REPORT
OCTOBER 18,2000
1
PROJECT DESCRIPTION:
The applicant requested Design Review approval for construction of a new single-family dwelling
at 19 Cibrian Drive, one of the last lots to be developed in the Hexan Precise Development Plan
subdivision area. The house has a two-story design with a portion of the residence being one
story at the street and a portion terraced down the hillside away from the street resulting in a two-
story structure at the rear of the property,
The proposed house would have a floor area of 5,958 square feet, with an 828 square foot
garage, which is less than the maximum floor area 8,000 square feet for a lot of this size (71,873
square feet, or 1.65 acres), The proposed design is in compliance with requirements of the Hexan
Precise Development Plan,
BACKGROUND:
In 1999, the applicant filed a Site Plan and Architectural Review application (File #799153) for
the construction of a single-family dwelling on the subject property, The Design Review Board
held two separate hearings on this request on January 6 and February 17, 2000 (minutes attached
as Exhibits 5-6). In order to respond to concerns from neighboring property owners regarding
views, excess hardscape at the street and privacy, the applicant withdrew this previous
application, The applicants considered a precise development plan amendment to relocate their
building envelope to address the neighbors' concerns, but elected not to attempt to obtain an
amendment when they discovered that the owners ofthe other immediately adjacent property (to
the north) would oppose such an amendment. The applicants then hired a new architect and
redesigned the residence to completely remove structures from the secondary building envelope
located at the south (toward the appellant's property) end ofthe subject property.
REVIEW BY THE BOARD:
This application was heard before the Design Review Board at the September 7, 2000 meeting,
At that time, concerns were raised by adjacent property owners regarding potential view and
privacy impacts, Thes~ property owners also expressed concerns about whether the size of new
residence was consistent with the character of the surrounding neighborhood.
The architect for the proposed project demonstrated that the new single-family residence would
be built completely within the primary building envelope and would impact only a small portion of
a panoramic view of San Francisco Bay held by the appellants, Field investigations performed by
Board members revealed that size of the proposed residence would not impact the neighborhood
due to the structure's single story design at the street, the considerable setback of the building
from the street, and the existing mature trees and foliage.
In its deliberations, the Design Review Board found the application to be in compliance with the
Town's Hillside Design Guidelines with respect to view impact issues. The Board also
T1BURON TOWN COUNCIL
STAFF REPORT
OCTOBER 18,2000
2
CONCLUSION:
Staff concludes that the Design Review Board followed the guidelines for Site Plan and
Architectural Review applications, and appropriately applied the guidelines for such applications
in its review of this project. The proposed new residence does not appear to create view, mass or
bulk impacts for neighboring property owners. Although the size of the proposed residence
would be larger than most homes built in this neighborhood, the proposed floor area is consistent
with the maximum allowed for most other lots in this subdivision.
RECOMMENDATION:
Deny the appeal and direct Staff to return with a Resolution memorializing the action,
EXHIBITS:
I. Notice of Appeal dated September 18, 2000
2. Minutes of the September 7, 2000 Design Review Board meeting
3, Staff report of the September 7, 2000 Design Review Board meeting
4, Conditions of approval adopted by the Design Review Board on September 7, 2000
5, Minutes of the January 6,2000 Design Review Board meeting
6. Minutes of the February 17,2000 Design Review Board meeting
7, Application and supplemental materials dated July 18, 2000
8. Hexan Subdivision House Size Survey
9. Letter from Randall and Sandra Huyser, dated August 30, 2000
10, Plans received August 23, 2000
T1BURON TOWN COUNCIL
STAFF REPORT
OCTOBER 18,2000
4
determined that existing vegetation on the subject property would diminish potential privacy
issues for the neighbors located to the north ofthe subject property, The Board rejected
suggestions by surrounding property owners that the residence be reduced in size, as the size of
the proposed residence is 1,964 square feet smaller than the floor area ratio for this property. The
Board acknowledged the applicants' effort to accommodate their neighbors' concerns through the
redesign of the residence and complimented the architects on the improved appearance of the
proposed design at the street. The Board voted unanimously (4-0) to conditionally approve the
application. The Loupes subsequently filed a timely appeal of this action on September 18,2000.
BASIS FOR THE APPEAL:
There are two grounds upon which the appeal (Exhibit I) is based:
Ground #1 The Design Review Board approved a new home which is not in keeping with
the character of the existing neighborhood.
Staff Response: Staff has completed a review of property sizes and floor area ratios for other
properties along Cibrian Drive and Park Place within the Hexan subdivision (Exhibit 8). Although
the proposed house would be larger than most other homes in the subdivision, three other existing
homes (I, 2 & 4 Park Place) are larger than the proposed residence. The subject lot is also one of
the largest properties in the subdivision, with only two other larger lots (18 Cibrian Drive and 7
Park Place), An analysis of the floor area ratios for the subdivision indicates that although only a
few homes in this neighborhood are currently larger than the proposed residence, 13 ofthe 17
other lots in this subdivision have the potential for homes larger than the proposed house,
The Board specifically considered the size of the proposed residence in its deliberations, The
Board explained that it felt that the house size was in keeping with the appearance of homes in the
neighborhood and that the design was consistent with the Town ofTiburon's Hillside Design
Guidelines,
Ground #2
The Board approved the project despite neighbor opposition to the project.
Staff Response: The Design Review Board acknowledged neighbors' concerns regarding
potential view and privacy impacts. Boardmembers visited the subject property, viewed the site
from the perspective of neighboring properties, considered public comments and deliberated the
merits of the proposed house design during the Board's September 7,2000 public hearing. The
minutes from the meeting show that the Board cited the applicants' redesign of the previously
proposed structure, and concluded that the current design adequately addressed the neighbors'
concerns, One board member explained that the appellants had enjoyed a borrowed view through
the vacant lot area for many years and would have to accept a compromise solution. The Board
noted that the redesigned siting of the residence works well with the surrounding properties
despite the fact that it is difficult to site the last house in a subdivision.
TlBURON TOWN COUNCIL
STAFF REPORT
OCTOBER 18,2000
3
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TOWN OF TIBURON
NOTICE OF APPEAL
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SEP 1 8 2000
TOVlf! M~HAGERS OFFICE
TOWN OF TISURON
APPELLANT
Name: M .4?2- c-- =.- A AJ E T T F: L.Q J PEl
Address: /S- C!I3iC../,qJ ])/21 JE
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Telephone: 1/5 715''-1 I{)() f/;L (Work) 1/5 1.36' 13 1S-
ACTION BEING APPEALED
Body: DEs/6- t-l 7Z-F J / cvJ 130,41?-1>
Date of Action:
q /1/00
(Home)
Name of Applicant: L I t-l-+ --- })I1J I LO 4R.CE ,...1/1- L-
Nature of Application: NEvJ J)wE LL I Ai (;-
GROUNDS FOR APPEAL
(Attach additional pages, if necessary)
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Date of Hearing: fa k.R h-~, ,-,--"J
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EXHIBIT NO. 1
p, I ~l{
Last Day to File:
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Date Received:
Fee ($300,00) Paid:
January 1996
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FROM : ~JUP~ ri550ClriTE
PHON~ NO, : 415 435 4395
s~p, 22 2a00 11:4S;M P2
CIBRIAN DRNE SQUARE FOOTAGE COMPARISONS
ADDRESS
SQUARE FOOTAGE
2 Cibrian Drive
4 Cibrian Drive
6 Cibrian Drive
7 Cibrian Drive
8 Cibrian Drive"
10 Cibrian Drive*
11 Obrian Drive*
12 Cibrian Drive
14 Cibrian Drive
15 Cibrian Drive*
16 Cibrian Drive*
18 Cibrian Drive*
3,494
4,613
5,912
3,002
4,053
3,236
4,183
3,102
3,468
4,090
5,356
4,219
*Hexan Subdivision
. 83% of the homes in the Hexan Subdivision are below 5,000 Sq.Ft.
. When 12 and 14 Cibrian Drive (below 10 and 16 Cibrian Drive) are
induded, 88% of the homes are below 5,000 Sq. Ft.
. The average square footage of the homes in the Hexan Subdivision
is 4,190 or 44% smaller than the proposed home at 19 Cibrian
. Of all homes on Cibrian Drive, 92% are smaller than 5,000 Sq.St.
. Of the 2 homes over 5,000 on Cibrian Drive, the proposed home
at 19 Cibrian would exceed their square footage by approximately
30%.
EXHIBIT NO. I
p. z ~lf
~
~~OM : LOUPE qSSOCI~TE
PHO~E ~O, 415 435 4395
SEP. 22 2000 11:34AM P3
HEXAN SUBDIVISION
PRECISE PLAN AMENDMENTS
CIBRlAN DRIVE YEAR OWNER
8 1994 Reed
10 1988 Lee
11 1989 Kwong
15 1996 Loupe'
16 1989 Keith
EXHIBIT NO.
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MAP OF PRIMARY & SECONDARY
BUILDING ENVELOPES
HEXAN SUBDIVISION
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EXHIBIT NO.
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3. 19 Cibrian Drive ArcenaI, New Dwelling
According to the Staff report, the applicant submitted a previous proposal for a new
single-family home and it was reviewed in January of this year. At that time, the
neighbors, Mr. and Mrs. Loupe of 15 Cibrian Drive, expressed continuing concern
regarding potential view blockage impacts associated with the proposal. The Loupe
family suggested that the structure be re-sited away from their view corridor and
requested that the Arcenals apply for a precise plan amendment to relocate the building
envelope, The item was reviewed over the period of several meetings without a final
decision being made. Finally, in order to avoid a conflict with Permit Streamlining Act
deadlines, the applicant withdrew the application.
Since that time, the applicant has explored the suggestion to obtain a precise plan
amendment but learned that the neighbors on the other side of the subject property, Mr,
and Mrs. Huyser of 18 Cibrian Drive, would strongly oppose a precise plan amendment
locating the building envelope closer to their residence. The applicant then obtained a new
architectural firm, redesigned the residence and driveway and relocated the site of the
proposed house to completely within the primary building envelope,
The first floor would include a large recreation room with a bar area built adjacent to it, 3
bedrooms with a large walk-in closet built off one of the bedrooms, 4 baths and a laundry
facility. The second floor would include a master bedroom suite with two walk-in closets
and a master bath, a large entry foyer, a living room, dining room, family room with
breakfast nook, a kitchen with attached pantry and an office, A garage would be attached
to the southeast corner of the residence at this level.
Ed Blankenship, architect representing the applicant, explained that the site is the last on
the end of a cul-de-sac and on a down slope, There are existing oak trees and other dense
growth on the site, He said that the Loupes objected to the previous proposal for various
reasons and this proposal responds to these concerns, The garage element needs to be
placed closer to the front of the cul-de-sac. They turned the garage and ran it lengthwise,
not having the door face the street. They felt it was a good spot for the garage because of
the location of the driveway next door, which is in, a similar location. The landscape plan
has been heavily intensified, They wanted to build a home to fit in with the primary
building envelope, They tried to give the house some undulation and he felt this plan is
the best solution for both neighbors. He explained the floor plan of the house, The
exterior of the house would be stucco with a darker tile roof. The house is in compliance
with the Town's ordinances. The house is 5,978 square feet, with a 699 square foot
garage. The home has been pushed down into the hill as much as it can be, They have
lowered the house to the allowed 30 foot height requirement so no variances would be
required.
6
TIBURON ORB
9/07/00
EX-HIBIT NO. L-
f 1~3
In response to Chair Smith, Mr. Blankenship stated that the house fits within the character
of the neighborhood with regard to square footage and design. The lot is very large and
they could have a larger house that would still conform.
Randy Huyser, 18 Cibrian Drive, stated that in their effort to try to site the house the best
way possible, they have moved the living area to their side and have also added decks.
The orientation is not in the natural flow of the lot and toward the ferry building, By
doing so, it puts all their living area in very close proximity to his pool area. Regarding the
size, the larger houses are up the hill and not in close proximity. The house sizes are
approximately 4,000 square feet within the immediate neighborhood and there are some
homes downhill within the 2,000 to 3,000 square foot range. Therefore, this house is not
in keeping with the size of the neighborhood.
In response to Boardmember McLaughlin, Ms. Theriault said the floor area has increased
since the previous application by approximately 300 square feet of living area and 100
square feet of garage area.
Doug Wasky, architect representing the Loupes of 15 Cibrian Drive, commented that the
project would have a significant impact to their view of the bay, He would like to see the
house stepped down the hill more or move the master bedroom to the street level, which
would remove the view issues,
Boardmember McLaughlin said the impact would be fairly nominal and this project is an
improvement from the previous project.
Marc Loupe, 15 Cibrian Drive, stated that they have two major views: from the family
room and from downstairs in the area by the pool. The previous proposal had a garage
that was blocking their view, Perhaps one solution is an envelope change, which has been
done elsewhere in the subdivision, The view from their family room is still impacted.
Annette Harris Loupe, 15 Cibrian Drive, invited the Board to her house so they could
better determine the impact to her view,
Mr, Blankenship responded that there is a lot of discussion on how much view can be
given to the neighbors. They have gone out of their way to keep the landscaping to a
minimum to maintain as much of the open space as possible. They could increase the
landscaping height, which would screen the house, but it would take out the neighbor's
view, They have a wide barrier between the house and the Huyser's pool area. The
increase in size from the previous proposal has been buried below the street level. As far a
pushing the house down the hill further, they are already against the back building
envelope line and it was the owner's direction not to amend the building envelope.
Boardmember Figour stated that this proposal is a very good design solution and that
there have been compromises made. The building has a very low profile when viewed
from the street. From the other side you will only see the building from the bottom of the
7
TIBURON ORB
9/07/00
EXHIBIT NO. z..
f 2... Of' '3
..."
hill. The siting is perfect and turned away from the late afternoon sun. He felt the biggest
issue is that it is hard going from a vacant lot to having a house on the site,
Boardrnember McLaughlin agreed with Boardrnember Figour. The house is aesthetically
appropriate for the neighborhood and it has a soft approach to the street. The applicants
have made many changes. He does not think that moving the house would make a
difference. He would like to see the applicants work with the Huysers to re-apply for the
trellis because it would help with the privacy issues, He is not convinced the impact to the
Loupes would be as significant as they contend, and the vegetation would help in the
screening,
Boardrnember Stroub said the house size is appropriate for the neighborhood and the view
blockage is consistent with. the Hillside Design Guidelines. He agrees with Staff about the
oak trees and that special care should be taken to make sure they are protected during
construction.
Chair Smith said his primary concern is with the end of the house facing the Loupes, The
house has significantly changed from the previous proposal and he does not have that
much concern about the building size, He will defer to the other Board members
regarding potential view blockage issues.
Mr, Blankenship conunented that Condition 6 should be changed because they do have a
skylight in the entry.
Boardmember McLaughlin asked if the bedroom could be shifted forward. Mr,
Blankenship responded that they looked at shifting the bedroom but felt that one foot
would not make that much of a difference to the neighbors but it would be a greater
impact on the applicants because of a internal changes that would have to take place,
They came to the conclusion that what they have proposed was a better design.
Mis Stroub/McLaughlin, and unanimously passed (4-0), to approve the application based
on the findings and conditions included in the Staff report and amended as follows: Delete
Condition 5, and ;Condition 6 shall be modified to reflect the Town's standard skylight
requirements,
TIBURON DRB
9/07/00
8
EXHIBIT NO. 2-
P. ~ ~r:;;,
TOWN OF TIBURON
STAFF REpORT
TO:
DESIGN REVIEW BOARD
AGENDA NO.:
E3
FROM:
ASSOCIATE PLANNER THERIAULT
SUBJECT:
19 CffiRIAN DRIVE; FILE # 799138
SITE PLAN AND ARCHITECTURAL REVIEW FOR A
NEW SINGLE-FAMILY DWELLING
MEETING DATE:
SEPTEMBER 7,2000
ARCHITECT - PACIFIC DESIGN GROUP
PROPERTY OWNERS - LINA AND DAN ARCENAL
PROJECT DATA:
ADDRESS:
ASSESSOR'S PARCEL:
FILE NUMBER:
LOT SIZE:
ZONING:
GENERAL PLAN:
FLOOD ZONE: ,
DA TE COMPLETE':
CEQA EXEMPTION:
PERMIT STREAMLINING
ACT DEADLINE:
19 CffiRIAN DRIVE
038-011-43
799153
71,874 SQUARE FEET
RPD (RESIDENTIAL PLANNED DEVELOPMENT)
ML, MEDIUM LOW DENSITY RESIDENTIAL
C
AUGUST 17, 2000
SEPTEMBER 6, 2000
NOVEMBER 5, 2000
ENVIRONMENTAL DETERMINATION:
This proposal is exempt from the provisions of the California Environmental Quality Act (CEQA)
as specified in Section 15303,
TIBURON DESIGN REVIEW BOARD
STAFF REPORT
JANUARY 7, 2000
EXHIBIT NO.~
P- I of Y
PROPOSAL:
The applicant submitted a previous proposal for a new single family home in 1999 and it was
reviewed in January of this year. (File #799153) At that time, the neighbors, Mr. and Mrs, Loupe
of 15 Cibrian Drive, expressed continuing concern regarding potential view blockage impacts
associated with the proposaL The Loupe family suggested that the structure be re-sited away
from their view corridor and requested that the Arcenal's apply for a precise plan amendment to
relocated the building envelope, The item was reviewed over the period of several meetings
without a final decision being made, Finally, in order to avoid a denial due to Permit Streamlining
Act deadlines, the applicant withdrew the application.
Since that time, the applicant has explored the suggestion to obtain a precise plan amendment but
learned that the neighbors on the other side of the subject property, Mr. and Mrs, Huyser of 18
Cibrian Drive, would strongly oppose a precise plan amendment locating the building envelope
closer to their residence, The applicant then obtained a new architectural firm, redesigned the
residence and driveway and relocated the site of the proposed house to completely within the
primary building envelope,
The house would have two stories oflivable area and an overall height of 3 L5 feet As the
maximum height allowed according to both the Town Code and the Hexan Precise Plan is 30 feet,
the applicant must either reduce the building height or apply for both a precise plan amendment
and a variance for excess structure height, If the applicant elects to apply for the variance, a
decision on the application must be deferred until a public notice has been issued and the applicant
has submitted the appropriate application materials and additional fees,
The first (lower level) floor would include a large recreation room with a bar area built adjacent to
it, 3 bedrooms with a large walk-in closet built off one of the bedrooms, 4 baths and a laundry
facility, (See sheet 5 of the submitted plans), The second, upper level, floor would include a
master bedroom suite with two walk-in closets and a master bath, a large entry foyer, a living
room, dining room, family room with breakfast nook, a kitchen with attached pantry and an
office. A garage would be attached to the southeast corner of the residence at this leveL (See
sheet 4 of the submitted plans),
The structures would cover approximately 4,227 squar,e feet (6%) of the lot, All the structures
would remain within the primary building envelope, The house would have a floor area of 6, 786
square feet, including an 828 square foot garage, The Hexan Precise Development Plan did not
impose house size limits, It is the discretion ofthe Board to determine what is house size would
be appropriate for the site, The Precise Plan does specify that the building height must not exceed
30 feet, however.
A landscaping plan is shown on sheet L-I, Of the trees noted on the plant list only one, the
Schininus Terebinthifolius does have the potential to grow higher than 30 feet but it would have a
moderate rate of growth and does not, therefore, violate the limitations imposed by the Town
Tree Ordinance for fast growing trees,
TII3URON DESIGN REVIEW BOARD STAFF REPORT JANlTARY 7, 2000
EXHIBIT NO. 3
P. 2 ~ l{
A colors and materials samples has been submitted, and will be present at the meeting for the
Board to review, The exterior walls of the house would utilize earth-tone colors, Brown tiles
would be used for the roof The outdoor lighting proposed would be limited to bronze colored
down lights, Specs, are shown on the material/colors board,
ANALYSIS:
Zoning
Staff has reviewed the proposal and finds it to be in general conformance with the development
standards for the Hexan Precise Development Plan with regard to building envelope and lot
coverage. The height limit is exceeded according to the current plans,
Design Issues
The subject property is located at the end of the Cibrian Drive cul-de-sac, The proposed structure
would be built down the hill and set back a considerable distance from the street The building
would have a one-story appearance in the area closest to the street The garage structure has
been relocated both out of the secondary building envelope and on the opposite side of potential
views for the neighbor at 15 Cibrian Drive. In addition, the architects have completely revised the
driveway area per the Design Review Board's instructions, The "sea of concrete" that would
have been visible from the street per the previous plans has been minimized to create a much more
appealing streetscape, The Board should note that neighbor at 18 Cibrian Drive has submitted a
letter opposing the current design, (Exhibit 3), This would be the last home built in the
subdivision, Staff is of the opinion that the applicant's ability to please all parties is somewhat
constrained,
Staff conducted a field investigation on August 28, 2000, The storypoles had been correctly
erected at that time (please note that storypole #2 is located inside a densely vegetated area),
Staff also viewed the storypoles from both 15 and 18 Cibrian Drive. From the viewpoint at 15
Cibrian Drive, the edae of some poles can be viewed from the dining room of this neighbor's
residence, However, the primary Bay and Mount Tamalpais views are unobstructed, From the
viewpoint at 18 Cibrian Drive, the primary views for this property would not be obstructed, The
majority of the proposed residence would be screened from view by existing vegetation,
Staff's only concern (other than the height excesses) regarding the application is the protection of
several large oak trees existing to the southwest of the subject property, Staff recommends a
condition of approval requiring the applicant to hire a Town-approved arborist to develop,
monitor and certify the implementation of a plan to protect the oak trees,
Staff does not foresee any other design issues with this project
TIBURON DESIGN REVIEW BOARD
STAFF REPORT
JANUARY 7. 2000
EXHIBIT NO. '3
p.3 OF L(
,,!,
Public Comment
With the exception of the letter from the neighbor at 18 Cibrian Drive, Staff has received no
comments from the public regarding this application,
RECOMMENDATION:
The Board should review this project with respect to Zoning Ordinance Section 4,02,07 (Guiding
Principles), If the Board finds the design to be acceptable and in conformance with the Town's
Design Guidelines, then Staff has no objections to the approval of this project, If the Board
wishes to approve the project, Staff recommends that the attached conditions of approval be
applied.
ATTACHMENTS:
1. Conditions of approval
2, Application and supplemental materials dated July 18, 2000
3. Letter, dated August 30, 2000, from Randall and Sandra Huyser
4. Plans received August 23, 2000
TIBURON DESIGN REVIEW BOARD
STAFF REPORT
JANUARY 7, 2000
EXHIBIT NO, 3
P4oF<j
CONDITIONS OF APPROVAL
19 CmRlAN DRIVE
FILE #799153
L 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 18, 2000, or as amended by these conditions of approvaL Any
modifications to the plans of August 23, 2000 must be reviewed and approved by the
Design Review Board,
3, The applicant must meet all requirements of other agencies prior to the issuance of a
building permit for this project
4. The applicant shall hire a Town-approved arborist to develop, monitor and certifY the
implementation of a plan to protect the oak trees,
5. The applicant must submit revised drawings that show a reduced height for proposed
structure to 30 feet from finished or existing grade, whichever is lower. The final height
determination will be reviewed by Staff,
6. No skylights are approved with this application,
7. With the exception of fixtures specifically reviewed and approved by the Board, all
exterior lighting fixtures must be down light type fixtures,
8. Prior to the issuance of building permits, the applicant shall submit verification from a
licensed landscape architect that the proposed landscape plan conforms to M,M,W,D,
landscape regulations, as required by Town CO\lncil Ordinance,
9. Prior to the issuance of final building inspection approval, all landscaping and irrigation
shall be installed in accordance with approved plans, The installation of plantings and
irrigation shall be verified by a Planning Department field inspection prior to the issuance
of occupancy permits,
10, Prior to underfloor inspection, a certified survey of the structure foundation will be
required, Required documents shall include graphic documentation locating the building
on a site plan and including specific dimensions from property lines and other reference
points as appropriate, and elevations relative to sea level of the foundation walls and slabs,
TIBURON DESIGN REVIEW BOARD STAFF REPORT JANUARY 7. 2000
E~-qIBIT NO.~
f. {OF:L
No inspections will be provided until the survey results have been verified,
1 L The project shall comply with the following requirements of the Tiburon Fire Protection
District:
12, The structure shall have installed throughout an automatic fire sprinkler system in
accordance with NFPA standard 13-D (UFC 1003).
13, Approved smoke alarms shall be installed to provide protection to all sleeping areas (UBC
1210),
14, Approved spark arresters shall be installed on chimneys (UFC 1101),
15. The following requirements of the Marin Municipal Water District shall be met:
16. A High Water Pressure Water Service application shall be completed
17. A copy of the building permit shall be submitted,
18. Appropriate fees shall be paid,
19. The structure's foundation shall be completed within 120 days of the sate of application,
20. The applicant shall comply with the District's rules and regulations in effect at the time
service is requested,
21, The applicant shall comply with all requirements of the Sanitation District
22. The applicant shall comply with all requirements of the Town Engineer.
23. Plans submitted to the Building Department for plan check shall be identical to those
approved by t~e Design Review Board, If any changes are made to the approved Design
Review plans,'the permit holder is responsible for clearly identifying all such changes when
submitted to the Building Department for plan ~heck. 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.
TIBURON DESIGN REVIEW BOARD
STAFF REPORT
JANUARY 7, 2000
EXHIBIT NO. 4
f, 2. OF 2-
8.
19 Cibrian Drive
Arcenal, New Dwelling
The applicant is requesting Design Review approval for the construction of a new single-
family dwelling on property located at 19 Cibrian Drive, The house would have two
stories of livable area, and an overall height of29,5 feet, The first floor would include a
kitchen/breakfast area, a dining room, a family room, an entry and living room area, the
master bedroom, bath and closet, a study, a half bath and another closet. A 704 square
foot, 3-car garage would be attached to the western end of the subject property, The
second, lower level would include three additional bedrooms, three more full bathrooms,
an exercise room, a laundry facility, and a large entertainment room with a bar area and a
computer room, A large amount of crawl space would also be located on this level.
Gloria Li, architect representing the applicant, said this is a two-story building, with
6,000 square feet, on a lot of over an acre, There were approved plans in 1991 but the
house was never built This proposal is based upon the previous approval, but they have
reduced and simplified the design, The lot is sloped and the garage door would not be
very visible. She explained the floor plan, The height from the ridge to the crawl space
is 29,5 feet The highest point is 24 feet above the street The garage is behind the house
and even if it were removed, the view would be the same, The landscape plan can be
modified if the Board so desires, They are trying to keep all the oak trees and rocks on
the site,
Mark Loupe, 15 Cibrian Drive, said his main issue is view from the family room, not
from the kitchen, as stated in the staff report They have talked with the applicants and
there are three options: move the house uphill, closer to the street; rotate the house so the
garage would come closer to the street; or move the building eastward, Option two and
three may affect the building envelope, There have been two other precise plan
amendments where primary and secondary envelopes were changed, The design is very
nice but it would affect their primary living space,
Ms, Li responded 'that they do not want to change the building envelope because it is a
long process, Her clients like the design and do not want to change it If necessary they
can change the garage location, Ifthe house were rotated, it would stick out on one end,
Annette Loupe, 15 Cibrian Drive, said she was surprised that after the discussion with the
applicants, they do not want to look at alternatives, Another alternative would be to
lower the house,
Mr. Arcenal said it would be expensive to lower the house, They have moved the house
so it would be inside the primary building envelope, He noted that they would provide a
new landscaping plan for the Board,
TIBURON DRB
1/6/00
APPROVED
VX...T-IIBIT NO. 5
r, /oF2.-
16
.f"
Boardmember Smith said the applicant could consider an amendment to the building
envelope if a design within the envelope would impact views. There are several options
to explore, He thought the impact is not substantial, but it is significant enough to justify
mitigation efforts, There are also color issues to explore,
Boardmember Snow agreed with Boardmember Smith. He would also like to know the
degree of view impact to the neighbor and what options could be explored to mitigate the
impact,
Boardmember Howard said that this project diminishes the view of someone else and
other solutions must be explored, She would also like them to explore changing the
building envelope, With regard to the colors, she would want something a little less red.
Ms, Loupe stated that the process is not that difficult to change the primary and
secondary envelope,
Boardmember McLaughlin said it is worth the applicant and the neighbors discussing the
various options, He had no problem with changing the building envelopes,
Chair Beales said there is not much space available in the primary building envelope
unless the entire building is reconfigured, It would help slightly to move the garage into
the primary building envelope,
Mis Beales/Smith, and unanimously passed (5-0), to continue the application to the
February 17, 2000 meeting to allow the applicant to meet with their neighbors and
explore options,
TIBURON ORB
1/6/00
.~~RBOlIBl
Ex..BIBIT NO. S-
V'. 'L OP 2--
17
6.
19 Cibrian Drive
Arcenal, New Dwelling
Since the last hearing date. the applicant has contacted Staff on two occasions. A letter,
dated January 17, 2000, was submitted to Staff. The letter notes that the applicant met
with the neighbors most affected by the proposal. Mr. and Mrs, Loupe of 15 Cibrian
Drive, The letter asserts that the proposed house design would not create significant view
impacts for the neighbors, The second contact with Staff consisted of a submittal of
revised plans with no written explanation of proposed revisions. Staff has reviewed the
revised plans and determined that the applicant has relocated the garage structure within
the primary building envelope,
Gloria Li, architect representing the applicant. said that they moved the garage 6 feet
over She presented photographs from the site. They did visit the neighbor's house, The
owner would like to add more plants on the walL The view of the house is completely
underneath the tree and tree trunks, They did not have an opportunity to readjust the
story poles since they moved the house, However. if the first pole were removed. you
would see exactly where the building is,
Mark Arcenal. son of the applicants, stated that the plan submitted by the neighbors'
architect is incorrect because it shows an oak tree, but the oak trees were cut some time
ago.
Annette Harris Loupe. 15 Cibrian Drive. said they met the owners 3 years ago. She
thought they have had a good neighborly relationship, Last December there were story
poles placed on the site and the applicants did not contact them about the project so she
contacted the applicants hoping to resolve any issues, There has been some
communication with regard to the trees. She presented an arborist's report that states the
trees are in good health, She would like the assistance of the Board in resolving the
issues because they are unable to come to any resolution with the applicant regarding the
project She did ~owever, want to thank them for moving the garage, but there are still
Issues,
Doug Gawoski, Chris Craiker Architects and representing the owners of 15 Cibrian
Drive, felt there were minor changes that need to be done to protect the views, He
suggested the house be shifted to the right to help to preserve the Loupes' views, The
drawing he had, although not to scale, does match the property lines, There are some
trees along the bottom of the site that could be in the Loupes' view corridor They do not
want to lose their view of the bridge,
Mark Loupe. 15 Cibrian Drive. said there is a reference in the Staff report about view
preservation He noted that there have been precise plan amendments in this subdivision;
they have done it and other homes in the neighborhood have done it to preserve existing
TIBURON ORB
2/17/00
EX-T-IIBIT NO. (p
~. l o~'251
views and it is not a lengthy process, He knew that some of his views would be lost but
he wants a compromise,
Boardmember Snow said that he is confused about the story poles and was disappointed
that the architect and owner did not make modifications to the story poles, When he was
at the site, he thought the two poles on the far left had no bearing on the project. The
story poles should be in the right location. He has difficulty with the proposed plan, the
amount of hardscape and the size of the garage and house, He wanted to see some
reconfiguration or resiting the house,
Boardmember McLaughl in asked the architect to point out the story pole that was tipped
over. Ms Li showed the location, Boardmember McLaughlin then stated that he felt the
story poles were incorrectly placed on the lot because the poles representing the ridgeline
do not seem to be accurate,
Boardmember Snow stated that it is the applicant's responsibility to place the story poles
in the correct locations to indicate the latest design. '
Boardmember McLaughlin agreed that they need correct story poles. He said he has a
real issue with the view impacts from the neighbors' main rooms, The way the house is
designed would create a significant visual impact Moving the garage 6 feet does not
solve the problem, The bigger issue is the next door neighbors' view impact
Boardmember Snow stated that the architect and applicant must meet and discuss the
plan with the neighbors and try to come up with a compromise,
Chair Beales agreed that the applicants need to minimize the impact on the neighbors,
Because of the Permit Streamlining Act, Mr, Watrous stated that the Town requires a
verbal 90-day extension tonight from the applicant to continue the application, Ms, Li
agreed to a 90-day extension, and would provide a written approval for the extension.
Mis Beales/ Snow, and unanimously passed (3-0), to continue the application to the April
6, 2000 meeting to allow the applicant time to work with the neighbors on the design and
to allow the applicant to place accurate story poles on the site,
TIBURON DRB
2/17/00
EXIIIBIT NO. G,
12
~ 2 OF 2-
TOWN OF TIBURON
LAND DEVELOPMENT APPLICATION
RECE1VZD
.JUl 1 8 2000
TYPE OF APPLICATION
PLA~JI\lir.;:~~ I).~p,." r", .
TOWN,~,:'- .:.,~.",E:l\Jr
-. T,dl):-')O,'I}'.
o Conditional Use Permit
o Precise Development Plan
o Conceptual Master Plan
o Rezoning/Prezoning
o Zoning Text Amendment
o General Plan Amendment
)( Design Review (ORB)
o Design Review (Sti'lff level)
o Variance
o Sign Permit
. 0 Tree Permit
o Underground Waivnr
o Tentative Subdivision Map
o Final Subdivision Map
o Parcel Map
o Lot Line Adjustment
01 Certificate of Compliance
o Other
SITE ADDRESS:
PARCEL NUMBER:
APPLICANT REQUIRED INFORMATION, ~ ," ",.""..,
. ;\ ' ; ) ': ,j '1 :;; :,~' 1 '.' '," <'j.~", ,
\q . C.ihno.n [)r\\Jt;PRoPERTY SIZE:,,'t-I.Pl"1-<>
r::o r, - Oil - Y "l . ""I,'" ' ZONING:''''''~fD'
'"'f
OWNER OF PROPERTY: ~&f\\L~c\ . \j(\[\
MAILING ADDRESS: (;,\'))Vf. PtiJi::'
CITY/STATE/ZIP:. 5tl~\;;rJZi ) I (PI C\YC:.Il)
PHONE NUMBER: \ost), -=-1-=D S't;
f\rr2.r\o_l ~'J;:j:l"'i i)' (l~h:1 I!",. !!
",' :""Jl,ll':
,;.",.
FAX. '
* APPLICANT: (Other than propertr Owner) fcu\ f,'I, \)nl~~ ':("rb~
MAILING ADDRESS: ILlY Y1I(j~nnIICl \Llllt,' -\:F 11')2-
CITY/STATE/ZIP: LL.\v')<,S9Uf, ell, C\,-\C( :,q,,,, "",n ".!f1 Ii;'" ",,,I),,,, 1',
PHONE NUMBER: J..j is 'C\2. t ,QSL5b, FAX .',4IS';Cj l.T,q.;OS'''' ,,,,.rl
.;r_"'~.~i 'f; ''?,I:J,'' ,,) 1;'iG.o~;r..111
ARCHITECT/DESIGNER/ENGINEER: ~..:yClC.\~\(, (};:'i'Cjq (9()~ I P ,oiced !pr".
MAILING ADDRESS: l.\l-\Y ffiO~JI'~ ~:S' 'J 'f{.. 102.. '
CITY/STATE/ZIP: --.J(.JY1~">p/.l,l , Ljq:>c,
PHONE NUMBER: 111<3,CrLl,QSOO FAX L1/S'''ln,9SD':)
)1<11:;'1 F
" "
Please indicate wit" all asterisk (*) persons to whom correspondence 'should be sellt.
! .. ' :l~'; !
BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sbeet if needed):
Nt'w <';V1')", FtA<V1il'f R.-'~Irlp>/,I.t.. "
tc. :1,"
I, the undersigned owner (or authorized agent) of the property herein described, hereby make application for
approvai of the plans submitted and made a part of this application in accordance with the provisions of the Town
Ordinances, and I hereby certify that the information given is true and correct to the best of my knowledge and
belief.
I understand that the requested approval is for my benefit (or that 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 dlis challenge, I therefore agree to accept this responsibility for defense at the
request of the To\~n and allo agree t'f defend, indemnify and hold the Town harmless from any costs, claims or
liabilities arising f(om ~le ~pproval, Including. without limitation. nnvaw~rrl nf ::lttnrnf".vct ff"f"ct th~t miuht rplI:lllt
EK..BIBIT NO. I
r I a:: 2-
,-Y
DESIGN REVIEW SUPPLEMENTAL APPLICATION FORM
!"( !': i' 'C:""" "":: "',
ri i-. ,_~ ;;...., '. .', "".. ,.
Please fill in the information requested below (attach separate sheet as needed):
1, Brieflydescribetheproposedproject: Single Family New Residence
JUL 1 800
I?h.. "~I~ ::: .:~ ._ .
T()'t,lf!,-,;: .
2,
Lot area in square feet (Section 1.05,12'): 71, 873 S. F .
Zoning:
RPD~
"
3: Proposed use of site (example: single family residential, commercial, etc.):
Existing Vacant
Proposed Sinqle Family Residence
4, Describe any changes to parking areas induding number of parking spaces, tumaround or maneuvering areas,
3-Car Garage with Turnaround and maneuvering area.
;:li~~I!!t~I~:~l;ll!~!~l~i~II!!II!~!!11
Yards
(Setbacks from property
line)(Section 1.05.25).
Front 0 ft. 48' (Ave. ) ft. 48' ft; ft. ft.
Rear 0 ft. 42' (Ave. ) ft. 42' ft. ft. ft.
Right Side 0 ft. 35' (Ave. ) ft. 35' ft, ft. ft.
Left Side 0 ft. 52' (lwe. ) ft. 52' ft. ft. ft.
Maximum Height '3\5 ft. 30
(Section 5,06,07)' 0 ft. 29'-0" ft. 29'-0" ft. ft.
Lot Coverage
(Section 5.06,08)' 0 sq.ft, 4,227 sq,ft 4 , 227 sq.ft. sq,ft. sq,ft.
Lot Coverage as
Percent of Lot Area 0 % 6 % 6 % % %
Gross Floor Area
(Section 1.05,06)' o sq.ft. 6,786 sq.ft. 6,786sq,ft. sq.ft, sq.ft,
'Section numbers in parentheses refer to specific provisions or definitions in the Tiburon Zoning Ordinance,
DESIGN REVIEW SUPPLEMENTAL APPLICATION FORM
4/99 TOWN OF TIBURON
EXHIBIT NO. f
f 2- of L
Hexan Subdivision House Size Survey.
Address Lot Size (s.C.) Floor Area (s.C.) Floor Area Ratio (s.C.)
2 Cibrian Drive 52,000 3,493 7,200
4 Cibrian Drive 44,431 4,613 6,443
6 Cibrian Drive 44,867 5,911 6,486
8 Cibrian Drive 45,900 4,053 6,590
10 Cibrian Drive 36,251 3,237 5,625
16 Cibrian Drive 26,701 5,357 4,670
18 Cibrian Drive 83,635 4,219 8,000
19 Cibrian Drive 71,873 5,958 (proposed) 8,000
15 Cibrian Drive 25,200 4,090 4,520
11 Cibrian Drive 25,000 4,183 4,500
7 Cibrian Drive 43,560 3,001 6,356
2 Park Place 44,431 6,725 6,443
4 Park Place 51,400 6,169 7,140
6 Park Place 67,953 4,857 8,000
7 Park Place 137,213 4,009 8,000
5 Park Place 45,739 4,651 6,574
3 Park Place 48,000 vacant 6,800
1 Park Place 43,560 7,635 6,356
*Information Source: 1998 County of Marin records "CD Data"
EXHIBIT NO. 3
August 30, 2000
The Design Review Board
The Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
~-:.'!~ #<'''.><'If,,",,;.
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AUS 3 I 2000
RE: 19 Cibrian Drive
PL ,'~: '; '~~r; :-~:~'-,_~:~,f~~~ 1-
liY,~.:,:_;;- .,.;);-:,I,)j",
Dear Design Review Board Members,
We are writing to express our concerns with regard to the plans being submitted for the
above mentioned property, We are located at 18 Cibrian Drive (adjoining the subject property
on the northeastern side) and we have several concerns about the design that we would like
discussed at the September 7 meeting, These concems include: 1) the inappropriate orientation
of the house on the lot, 2) the invasive layout pllU\ and 3) the excessive size of the house
relative to the buildable lot size and to others in the neighborhood,
I) The orientation of the house in the proposed plan would not follow the natural flow of
the lot but instead would twist the house to make the primary facade virtually parallel to our
house, even though the lots are oriented 30-40 degrees differently in direction in a pie formation
at the end of a cul-du-sac, We do not believe that is in keeping with the design of the
neighborhood
2) The footprint of the house is grossly asymmetrical, with virtually all of the living
space in the house (including the outside decks) on the northeastern half of the lot, much closer
to our house than need be and oriented to look directly into our back yard and pool area The
combination of twisted facade and overshifted living area creates an uncomfortable and
unacceptable privacy issue with regard to our pool area and back yard
3) The proposed 7,500-foot size of the house is not in keeping with the size of
neighboring houses, ~hich are generally 3,500-5,000 feet in size, Our home, one of the larger
ones in the neighborhood, is under 4,,800 square feet and occupies under 5% of the lot size
(which is largely hill). The Arcenal's home is planned for 7,500 square feet and would occupy
over 9% of their lot (also mostly hill) and a considerably higher proportion of the building
envelope, Moreover, the house should be required to stay completely within the building
envelope, Also bothersome is that the plans call for a Junior Master Suite and other living
spaces that give question to how many people might occupy the home on a regular basis,
We became even more concemed about this dual problem of twisted orientation and
unbalanced living space when the Arcenals earli.er this summer objected to the proposed 10-foot
height of a trellis that we had planned next to our pool area to provide some privacy, wind break
and sun protection for tlle pool area, which is approximately 12 feet below the main floor of our
house. We withdrew the trellis plan in the interests of expediency for our pool construction, but
we are concerned that tlley stated in their written objection that the trellis would be in their
EK..B:IBIT NO. Cj
p, (oF '2-
"primary viewing corridor," Their primary view is not and should not be considered the
Richmond Bridge. Their lot is oriented toward Mt. Tamalpais, more than 45 degrees differently,
In summary, we feel the house would be improperly oriented on the lot, the living area
intrusive to our property, and the size unreasonably large for the neighborhood. All the other
homes in this neighborhood are built so that each home has an excellent sense of privacy, and
this home.. as presently proposed, would be the exception,
Sincerely,
~~.
RmxWI ~d "'"""'H."" ~
18 Cibrian Drive
Tiburon., CA 94920
EK..BIBIT NO. '1
p. 2- or L
Oct-lZ-OO OZ:lZP BAAQMD PI&E / Tech.
415 7495101
P.Ol
~t1TEMAIL #~
939 EU1a St.
SaIl FnlDclaco, CA 94109-7799
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OCT 1 2 2000
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TO:
PL.,\'~:II~i~ ,.'~._. L:' kdi
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FROM: PUBLIC INFORMATION aa OUTREACH
5TH FLOOR (415) '1n 4998 7'-1 c; - 'i (, 2-/
FAX NO: (415) 749-5101
PAGES TO b
FOLLOW
CLEAR CHOrCES
CLEAN AIR
Oct-12-00 02:12P BAAQMO PI&E / Tech.
415 7495101
P.02
October 12, 2000
The Tiburon Town Council
Town ofTiburon
1505 TiOOron Blvd,
l'iburon CA 94920
Re: 19 Cibrian Drive, TlburoD CA
Dear Members of the City Council ofTiburon,
This letter is to infurm you that on September 7, 2000, the memlx-'fs of the dcsill" review hoard
unanimously approved our proposal for a new single family home, On Sept~",bcr 18,2000, our
nei~hb<1r, Mr, & Mr>, Mitrc L<lUpe of 15 Cibrian Drive filed an appeal ofth. desilln rev icw hoard
decision. The Tiburon Town Council WIll hold n public hearing on Octoocr 18,2000.
Enclosed are data of some homes around the neighboring property at 19 Cibrian Drive and
pictures of the swimming pool/deck area ofMr, & Mrs, Marc Loupe of I 5 Cibri.n Drive,
As shown on Table I, the lot coverage of Mr, & Mrs, M.rc Loupe of 15 Cibrian Drive is
approximately 13'1.. The addition of the swimming pool, deck area around the pool will
approximately cover another 13%, a tot.l ofapproximalely 26% lot coverage We feel that :\lr,
& Mrs, Marc' .nupe should mspect their own projeel and compare Ihe 101 coverage of their
projecl with ours,
In 1996, we supportcd Mr, & Mrs, Marc Loupe when they submiued plans to cxtelld their
primary building envdope for the construction of their pool, deck and landscaring, We allowed
them to use ollr property at 19 Clbrlan as an access for the conslruction orlhtir p<)ol. Truck< and
heavy equipment were \IliJi~ed in our property for the excavation ,md construction of Ih~;r
project, 111 May 1996, Anelle Loupe wrole a letter expreuing their interest in purchasing 10 fl
.trip from our property, She menlioned in her letter thaI they wanled to be ill control of the oak
Irces but we objected to their request, Thcir request 10 buy that 10 tt strip was followed by seveml
phone cal1s, On January 1 6, 2000, we found out that ~everaJ oak trees ill our property were
removed and cut We senl a letter to Mr. & Mrs Loupe that we no longer allow them to use Ollr
property to any future or current construction of their projectlo protect the oak trccs,
Our proposal would cover 5,88% of the lot All "flhe structures would remain wilhin the
primary building envelope, Five of the homcs at Cillrian Drive have building lot coverage ranging
from 4,76% to 16% (swimming pool area not included), We have worked vcry hard to make surc
thai the guideline< are met, from height limits to building envelop" eoveralle, The struelure has a
very low profile when viewed from the main street and the house size is appropriatc for Ihe
neighborhood, '
Sl"c~eIY)j
'([~ II A-'u.~JJt.
l Illa Arcenol
1304 Grove "V~,
llurlingame CA 94010
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cc' Eml Theriault
Pacific Design Group
OCT 1 2 2000
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415 7495101
P.04
Table 2
Home. within 0.1 mile distance from 19 Cibrian, The., home. were
built before 1990
Living area sq ft Distance from
(garage not 19 Cibrian
Addr... Parc,1 # Lot Size (sqft) Included) (Miles)
19 Clbrlan Drtve 038-011-43 71874 5958
1 Park Place 038-011-36 43560 7635 <0.1
4 Park Place 038-011-31 51400 4485 <0.1
5 Park Place 038-011-34 45738 4652 <0,1
6 Park Place 038-011-32 67953 4856 <0,1
7 Park Place 038-011-33 120000 4009 <0,1
10 Cibrian 038-011-40 22400 3296 <0.1
11 Cibrian 038-011-45 25000 4183 <0,1
6 Cibrian 038-011-43 44866 5912 . <0,1
7 Cibrian 036-011-29 43560 3002 <0,1
16 Cibrian 038-011-41 26702 3757 <0,1
12 Cibrian 038-021-09 20350 3102 .. <0.1
4895 Paradise Dr 40053 5685 0,1
4879 Paradise Dr 15875 5546 0,1
4885 Paradi&e Dr 91476 6728 01
R.f.fWlC.: 111IIO Tlburon Specl., Repotf - Singl. Femlly Lot end Home Sizes May 10, 1990
. #6 Cibrian - The sqlt of the studio may not be included
.. #12 Cibria" ' T~e square footage ollila addition that was done after' 990 is not included
Oct-12-00 OZ:13P BAAqMD PI&E / Tech.
415 7495101
P_05
Page I of L
15 Cibrian Drive, Tiburon CA. Home of Mr. & Mrs. Marc.Loupe
Building lot coverage including the garage - approximately 13%
Swimming Pool/Pool Deck Area - approximately 13%
Total lot coverage - approximately 26%
file:JIA:\MYC-022FJPG
10,12/00
Oct-12~CO 02:13P BAAQMD PI&E / Tech.
415 7495101
P.06
Page.l of.l.
15 Cibrian Drive, Tiburon CA Home of Mr. & Mrs. Marc Loupe
Swimming Pool area
The set back after the concrete area leading to the stairs is only 2 feet from
our property at 19 Cibrian Drive, The tree is located inside our property.
file:!! A:~1VC.OI9FJPG
I Oil 2/00
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To:
Tom Gram, Mayor
Tiburon Town COWlcilmembers
Lt. Thomas A. Aiello, Acting Chief of Police
Mar West Traffic Concerns
October 10, 2000
From:
Subject:
Date:
BACKGROUND
Approximately two months ago I met with Dinny and Trish Waters, As residents of Mar West Street
they had become concerned about the volume and speed of traffic on Mar West - specifically
between the intersection of Esperanza/Beach Road and Paradise Drive,
The Waters proposed four different solutions to mitigate the speed/volume problems on Mar West. I
advised them that I could not make a decision as a single entity, and requested that they put their
requests in the form of a letter to the Traffic Safety Committee.
A short time later the Traffic Safety Committee received the Waters' letter and the item was heard
before the board, As there were some concerns raised about "lack of proper public notification" the
matter was re-agendized to a future meeting, with a wider scope of public notification, Letters were
sent to every affected Homeowners Group President, as well as selected residents' in/along Mar
West Street.
The matter was heard before the traffic safety committee on September 26th, This meeting was held
at the Tiburon Town COWlcil chambers and was attended by approximately 50 residents of the area,
PROBLEM STATEMENT
The problem, as stated by the majority of the persons attending the meeting, is that Mar West Street
had become a "short cut" for motorists wanting to by-pass the downtown congestion - especially at
commute time (morning/afternoon ferry times),
Residents also indicated that there are now a lot of YOWlg children in the area and the speed/volume
made it almost impossible for use of the street by the children, to safely walk or ride their bicycles,
REQUESTED ACTION
The residents of Mar West Street proposed the following actions to the Traffic Safety Committee to
mitigate their concerns:
1) Install a three-way stop sign at the intersection of Mar West Street and Las Lomas Lane.
2) Reduce the speed on Mar West Street to I5mph (as done on Centro West Street).
3) Speed bumps,
4) Restrict traffic on Mar West Street using a series of "No RightlLeft Turn" signs,
TRAFFIC SAFETY COMMITTEE
The Traffic Safety Committee reviewed the requests made by the residents. It was agreed that
there was a speed/volume problem that needed to be addressed.
The four proposals were discussed as follows:
1) Reiect the request for a stop sien. Town Engineer Schwartz spoke to the fact that a
"stop sign" is not intended as a traffic speed reduction device, Stop signs are only
warranted when traffic from a cross street needs a "break" to enter the main thoroughfare,
A stop sign is not warranted in this case,
2) Reiect the request for a lower speed limit. A speed limit lower that 25mph in a
residential area must meet requirements as stated in the vehicle code. Town Engineer
Schwartz does not believe that Mar West Street will meet the requirements as stated in
the vehicle code, Centro West Street did due to fact that it is only one lane wide in
multiple places,
Town Engineer Schwartz indicated that he will support the addition of "slow" signs and
the yellowlblack "15mph" advisory signs on Mar West Street.
3) Reiect the request for speed bumps. Speed bumps/humps have never been approved
for public streets due to their inherent liability nature,
4) Approve the request for restricted access onto Mar West Street bv utilizine "No
Left" and "No Rieht" turn siens. Town Engineer Schwartz stated that Mar West was a
secondary residential street and Paradise Drive was considered the main thoroughfare,
He felt by restricting access onto Mar West you would be forcing traffic back onto
Paradise Drive; where it actually belonged,
The Sanitary District, who was represented by Fred Hannahs, was concerned that restricting
traffic onto Mar West Street would negatively impact the daily operations of the employees
who work at the Sanitary District Plant on Mar West. It was decided by the Traffic Safety
Committee that the turning restrictions would be in effect, except for public safety
(police/fire), DPW, and Sanitation District employees while on duty,
It was discussed as to whether the turning restrictions should be all day, every day or time
sensitive and in effect only when commute traffic was present. The majority of the
Committee and Mar West residents' felt that the signs should be in effect at all times and not
just during select times,
There was opposition to the proposal. Retired Fire Chief Frank Buscher was opposed to any
turning restrictions to or from Mar West Street fearing that the residents in Old Tiburon
(above Mar West) could/would be negatively impacted, Mr. Buscher also indicated that the
speed on Centro West has "creeped" back up to speeds equal to the speeds prior to the
lowering of the speed limit to 15mph,
Town Engineer Schwartz also requested that a crosswalk be painted on Mar West Street in
the area of Las Lomas Lane. This would facilitate the safer crossing of pedestrians from the
North side of the street, over to the Point Tiburon Plaza parking lot, which is used as a
walking path to the downtown my many residents and employees,
Town Engineer Schwartz also recommended that the shrubs be trimmed back at the top of
the stairs that transition the Point Tiburon Plaza parking lot to Mar West Street.
Town Engineer Schwartz's final recommendation was for a traffic calming study to be done,
as was done for the residents of Centro West Street.
CONCLUSION
It was the conclusion of the traffic safety committee that an immediate impact could be
made by utilizing several "No Left/No right turn signs restricting access to and from
Mar West onto Paradise Drive.
It is apparent, based on the number of residents who have contacted Traffic Safety
Committee members since that decision, that there were not a sufficient number of people
who represented the residents of Old Tiburon at the original meeting, There now seems to be
greater opposition to the recommendations of the Traffic Safety Committee, than were
present at the meeting,
It is still our recommendation, to the Mayor and Councilmembers, to institute for a trial
period of not less that 90 days, the turning restrictions to/from Mar West Street, to ascertain
if restricting traffic onto Mar West Street has the desired affect on reducing the volume and
speed of the vehicles who use that street on a daily basis.
POINTS IN FAVOR OF CHANGE
LATE MAIL , 7-
I. Street used as a short cut, which was not intended purpose. It is a residential street. Safety over
convenience, Mar West was made an attractive short cut by the opening of Beach Road when Pt.
Tiburon was built.
2. Dramatic increase in the nwnber of children residing on street, 24 at last count.
3, Heavily walked and biked as it is one offew flat streets in Old Tiburon, It is also the access street
for the two walking lanes, Raccoon Lane and Las Lomas Lane. Increase in nwnber of children
residing on uphill streets using Mar West to access walking lanes can be expected to increase, (Le,
TPC to home, school to home), Recent Town Council discussions to get more children to walk to
school (to reduce Tiburon Blvd, congestion) starts with making our residential streets safer,
4, There are no sidewalks on Mar West and shoulders are frequently full of parked cars; making
getting out of the way of speeding cars perilous, There are two blind curves on the street,
5. Police enforcement of speed limit on Mar West is difficult.
6. Signage is inexpensive. If compliance is low. Curbing could be installed,
7. No left/no right does not close street, Can still make a right at Mar West and Paradise, continue
around the traffic circle and head east on Paradise, It can be done in the other direction, making a
left off Paradise onto Mar West. This takes I minute, 15 seconds to do, This should not be a large
inconvenience for neighbors visiting friends, etc. on adjoining streets, but it is a very effective
deterrent for drivers using Mar West as a shortcut or thoroughfare around town.
8. This proposal is similar to the no left/no right restriction at the intersection of Cove Road, Lagoon
Road and Tiburon Blvd,
9, Can exempt public service vehicles (i.e" postal truck, sewer plant trucks and garbage trucks)
I o. This proposal does not create a difficult precedent, as it keeps through traffic on Paradise Drive
along Shoreline Park, a street designed for this traffic, It does not re-route traffic to another
residential street.
Alternatives
Reduce speed funit to 15 MPH. Traffic Safety Committee believed street speed limit was appropriate at
25-MPH. In addition, reducing speed limit would not discourage short cut speeders. Drivers are currently
exceeding 25-MPH s~ limit, why would they comply with 15-MPH speed limit. Frank Buscher of
Centro West stated at Traffic Safety Committee meeting that 15-MPH speed limit worked in the beginning
but now drivers are back to their old higher speeds,
Stop Sign at Las Lomas. Traffic Safety Committee stated that stop signs were not a traffic slowing
measure.
Speed Bumps. Speed bwnps were highly discouraged by Acting Police Chief Aiello. Speed bwnps create a
potential liability for the Town, if someone were to trip over them, etc,
Times
Mar West to Beach Road using Tiburon Blvd, is 1:25 (I minute, 25 seconds) without ferry traffic (0.5 mile)
Paradise to Tiburon Blvd. using Mar West is 1:50 (0,6 mile)
Thus, it makes no sense to use street as a short cut unless avoiding ferry traffic or excessively speeding,
RECE~VED
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OCT 1 '~ 2000
TOWN MANAGERS eFFie,
TOWN OF TI8URCN
August 5, 2000
Traffic Safety Committee
Town of Tiburon
1155 Tiburon Boulevard
Tiburon, California 94920
Dear Ladies and Gentlemen,
We, the undersigned residents of Mar West Street, respectfully request you consider the following two
remedial actions to address an increasingly dangerous motorist speeding problem on our street. While we
believe the existing 25-MPH speed limit to be appropriate, often motorists substantially exceed that limit
Our street is heavilv walked and biked without benefit of sidewalk or shoulder and thus there is little
margin for error with a soeedine: car, In the last few years the number of children residing on and utilizing
this street has increased many-fold We believe the following remedies will help to deter speeders who are
simply trying a shave a few moments off their commute by taking Mar West as a shortcut
Three-Wav Stoe Sim at Mar West and Las Lomas
Erect a 3-Way stop sign at the intersection of Las Lomas and Mar West, This is the ouly intersecting street
between Paradise Drive and Beach/Esperanza Streets, This would act a shortcut deterrent, as it would slow
motorists down a few moments, These stop signs would be easily enforceable from Las Lomas. They
would have the added benefit of improving the safety of a particularly blind curve on the eastbound lane of
Mar West, where pedestrians, etc, are at particular risk.
No left turn from Mar West to Paradise / No right turn from Paradise to Mar West
At the Mar WestlParadise intersection prohibit left turns off of Mar West onto Paradise Drive and prohibit
right turns from Paradise onto Mar West. We acknowledge this may be an occasional inconvenience to
motorists, but believe the safety benefits far outweigh the inconvenience. This should stop the majority of
shortcut speeders which would benefit all of us, Residents of Point Tiburon who exit onto Mar West could
make a safe exit from their driveway. (As a pedestrian 1 have witnessed a few close calls, and I believe
there has been at least one accident at that site), Additionally, the safety of left hand turns from Mar West
onto Paradise is highly questionable. Visibility is limited from the right and cars/bicycles heading
southwest on Paradise come quickly around this left comer.
If compliance with the left/right turn prohibitions is low, curbing could be installed (as currently exists
where Tiburon Boulevard intersects with Cove Road and Lagoon Road in Belvedere),
The above remedies are relatively simple and inexpensive to implement with signage and occasional police
enforcement
We acknowledge that motorist speeding and auto congestion is and will continue to become an increasing
problem on these old streets, Thus, it is so important that we address some remedies now before a tragedy
occurs, Hindsight being perfect, the opening of Beach Road a decade ago, connecting it to Esperanza with
the resultant dangers to Old Tiburon Streets should have been addressed at that time, But, we must work
with what we have,
We want to thank Acting Police Chief, Lieutenant Aiello for arranging Tiburon' s Motorcycle Officer
Slobodnik to occasionally enforce the speed limit on Mar West and the placement of the speed limit
billboard to help raise consciousness, but neither of these can always be present or will linger as the above
remedies will,
We greatly appreciate your consideration and look forward to hearing from you, Thank you,
(I J..I-- /
~ <;1'/11/(f
Name & Address
h
Y
(e<'lrf(~
September 1,2000
UPDATE ON PROPOSED REMEDIES TO SLOW DOWN MAR WEST
Dear Neighbor,
Thank you for your support of the attached remedies to slow down Mar West The response has been
overwhelming with 27 letters received to date, but you need to help to make this happen, Please attend the
Traffic Safety Committee meeting to discuss the proposed changes to Mar West This will be the only item
on the agenda and should not take too long.
Date: Tuesday September 26, 2000
Time: 9:30 AM
Place: Tiburon Town Hall
Uodate:
Thank you for your support of the attached remedies to slow down Mar West The response has been
overwhelming. 27 letters have been received to date, At the August 22"" meeting of the Traffic Safety
Committee, Irv Schwartz (our Town's Traffic Safety Engineer) was in favor of prohibiting right and left
turns on and off Mar West, provided the same prohibition applied to the adjacent parking lot The Traffic
Safety Committee noted that this was a dangerous intersection and our street was being used as a short cut
Parndise Drive to Tiburon Blvd. was intended to be the through traffic route for our uphill neighbors and
was designed accordingly, Mr, Schwartz also believed this would make the proposed stop sign at Las
Lomas would be unnecessary, since the majority of traffic would then be local, However, the meeting was
continued until September 12 to allow notification to nearby neighbors on Paradise. Some comment has
been received and it is expected that there will be opposition from uphill neighbors who want to continue to
utilize our residential stteet as a short cut. It is very important to act on this now, Changes to neighboring
streets will continue to exert more speed pressure on our street Recently Centro West was reduced to 15-
MPH and Paradise Drive along Shoreline Park has been reduced to 25-MPH (within recent memory this
was a 35-MPH street), These changes make Mar West a very attractive short cut; no 15-MPH speed limit,
no speed reducing island to negotiate at the ferry terminal, and elimination of four crosswalks.
Some Ristorv:
A recent discussion with Tiburon Motorcycle Officer Slobodnik, revealed speed enforcement on our street
was very difficult. Discussions with Acting Police Chief Aiello revealed that support for speed bumps by
the town was unlikely due to liability issues and reduction of the speed limit as occurred on Centro West
would require a traffic ,~dy, but unlike Centro West, Mar West was not a sub standard width and the cost
of the traffic study ($3,000 to $6,000) would have to be paid by the residents of Mar West. In addition,
from a prnctical standpoint, 25-MPH is probably a reasonable speed limit for Mar West; thus it would
likely be a waste of time and funds, So the two attached remedies of prohibiting short cut speeders and the
stop sign remained the only viable options.
We now have 19 children residing on Mar West with 4 more on the way, Mar West is a residential street,
not a thoroughfare, Ifwe do not follow through on this now, momentum and the Town's attention will be
lost.
It should be expected that there will be sizable opposition to the proposed change (as there are a lot
more residences upbill from us), therefore, your support is critical Unfortunately, signing the letter
alone will not enact tbis cbange. If tbe Traffic Safety Committee cannot view our support in physical
numbers tbey will not be inclined to make any recommendations to our Town Conncil,
September 23, 2000
Dear Neighbor,
Please don't forget this Tuesdav. Sentember 26 at 9:30 AM
Traffic Safety Committee Meeting
Tiburon Town Hall
Your presence at the above meeting is needed to make our street safer, Acting Chief Aiello (Cbairman of
the Traffic Safety Committee) stated that a big turnout by the opposition and low turnout by the support
would likely result in no action by the Committee, Oooosition mav be sizable from uobill neighbors who
do not want to lose the convenience of a shortcut. So every oerson who SUDOOrts the silznage is needed.
Youjust need to show up, You don't have to speak if you don't want to, We anticipate taking a head count
of those in favor, to display neighborhood support. The timing of this meeting conflicts with the workday
so it is understandable that not everyone can come, so more than one member of the household is
encouraged to attend The Traffic Safety Committee utilizes this meeting as a forum to make its traffic
safety recommendations to the Town CounciL Without their recommendation no change will occur,
Lately, some have suggested a better alternative might be to reduce the street speed limit to 15 MPH.
Acting Chief Aiello is adamantly opposed to this for two reasons; Mar West is not a substandard size street
and it will not effectively address the short<ut speeders, They will continue to use the street for a fast short
cut and we a1ready know speed enforcement on the street is problematic at best,
PLEASE ATI'END! Let's put an end to short cut speeders zooming down the street at unsafe speeds!
!fyou need a ride to Town Hall Tuesday morning please call Dinnyor Trisha at 435-1425, THANK
YOU!
TOWN OF TIBURON
TRAFFIC SAFETY COMMITTEE
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Subject:
Date:
The Members of the Tiburon Town Council
Acting Chief Tom Aiello, Chairman, Traffic Safety Committee
TRAFFIC SAFETY COMMITTEE MEETING - September 26, 2000
October 10,2000
On September 26,2000, a meeting of the Traffic Safety Committee was held. Below is a summary
of the meeting and the Traffic Safety Committee's recommendations,
In attendance were the following:
. Acting Chief of Police Tom Aiello, Chairman
. Irv Schwartz, Town Engineer
. Scott Anderson, Planning Director
. Tony Iacopi, Superintendent of Public Works
Item #1 - The residents of Mar West request the Traffic Safety Committee consider a "three-
way stop sign" at Mar West and Las Lomas and a "No left turn" from Mar West to Paradise
Drive and a "No right Turn" from Paradise Drive to Mar West. This action is requested to
slow down the speeding problem and the volume of traffic on Mar West, for the safety of the
children and the people who live in the vicinity,
The Traffic Safety Committee recommendations are:
.
Prohibit turns to ,:and from Paradise Drive onto Mar West, with exceptions for emergency
vehicles, Public Works and Sanitary District vehicles, as detailed and directed by the Town
Engineer,
.
Install a crosswalk at the intersection of Mar West and Las Lomas,
.
Direct a letter to the Point Tiburon Homeowners Association to cut the brush at the top of the
stairs,
.
The Town Engineer will survey Mar West between Paradise Drive and Esperanza for the
addition of "slow" signs or 15 mph advisory signs,
The Traffic Safety Committee feels a "Stop" sign at Las Lomas & Mar West is not the solution,
This recommendation will be on a 90 day trial period at that point we can re-visit.
Item #2 - Request designated drop-off and pick-up locations for the children at Bel Aire
Schoot The school has a stacking and staging problem that needs to be resolved.
The Safety committee recommends that the curb be painted red on the right and left hand side of the
driveway, so the buses can clear the driveway,
We request that a crosswalk be painted across the bottom of the driveway, and use the driveway as
the designed drop-off, and pick-up zone at certain hours, A newsletter should be send to the parents
advising that the drop-off and pick-up will be at the base of the driveway,
The Committee also recommends that the school come up with some ideas and a plan with alternate
ways of dropping off the children, one using Claire Way and one using Leland Way, and allowing
for drop offs and pick ups directly below the school driveway and partially in front of275 Karen,
since it appears they have 20 feet of clearance to use.
The Traffic Safety Committee also recommends that the school district hire a traffic consultant to
make recommendation to the school district and the Town as to what could be done to solve this
problem.
UNFINISHED BUSINESS
I. Joint meeting with the "Bicycle Committee" regarding the bicycle speeding problems on the
Path. Prior to our meeting we will contact other cities to see how they handle the situations.
2
TIBURON POLICE DEPARTMENT
TRAFFIC SAFETY MEETING
SIGN IN SHEET - Please Prim
Name
September 26 , 2000
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BOARD OF DIRECTORS
SANITARY DISTRICT NO, 5 OF MARIN COUNTY
2001 PARADISE DRIVE
P,O, BOX 227
TIBURON, CALIFORNIA 94920
TELEPHONE (415) 435-1501
FAX (415) 435-1502
HENRY A. KNAUBER
DISTRICT MANAGER
CAR LEE J. BENNETT
DISTRICT SECRETARY
STEWART HOPKINS, CHAIRMAN
CASEY KAWAMOTO
NATHANIEL MARAN5
M.R. WOOOWARD
FRED C. HANNAHS
October 5, 2000
Mr, Tom Gram, Mayor
Town ofTiburon
1505 Tiburon Boulevard
Tiburoll, CA 94920
RE: Traffic at Mar West and Paradise Drive
Dear Mayor Gram:
As you may know, several directors of Sanitary District No.5 of Marin County ("District") have
been attending the Traffic Safety Committee meetings regarding traffic issues at Mar West,
Paradise Drive and Las Lomas. The District is particularly interested in the alternatives being
considered by the Traffic Safety Committee with regard to the intersection at Paradise Drive and
Mar West because of the potential impacts they may have on District operations. Some
alternatives being discussed may negatively impact the way the District currently operates.
We understand that the Traffic Safety Committee will prepare and provide the Town Council
with alternative recommendations for addressing traffic issues at this intersection. We request
that the Town provide these written recommendations to the District as soon as they are available
so that the Board of Directors and staff of the District may evaluate them, We also request that
the Town provide the District with an opportunity to comment on the alternative
recommendations bef<?re they are considered and acted upon by the Town Council.
If you have any questions or if you want to discuss this matter further, please do not hesitate to
call me, Thank you for your assistance,
Sincerely,
-I '~I/ /j/
-7A-./)t:f);t#-~^/'tc? k':fld
Fred Hannahs
President, Board of Directors
Cc: .J Traffic Safety Committee
Board of Directors, Sanitary District No, 5
Skip Knauber
Trafficmarwesl¶disc
--'- '-t c/?1 #- /
Tiburon Council, and
Tiburon Traffic Advisory Committee
Word has recently come to the residents of Lyford's Cove Old Tiburon that the so-called
Traffic Advisory Committee has plans for Mar West......includinf a no-left turn from
Mar West onto Paradise Drive, I understand that there were no obections to the plan
at the last meeting of the Committee,
Its not unusual that residents on a street want to have the street to themselves, Every
property owner, including myself would like to restrict traffic to the local residents.
Unfortunately, there are other people to be considered who may find the road
preferable to use....citizens that are Taxpayers who provide funds to fIX these
public and vehicular thoroughfares,
lfyou want to slow up traffic, it can be done with metal 'dots' , and a slow sign..,or
even a stop sign, What has that to do with a 'no left onto Paradise Drive? Its none
of Mar Wests residents business which way cars go at the end of the road!
I use Mar Westfrequently! I live in Old Tiburon and I use Mar West when I notice the
off-loading of the ferry passengers and the cars (along with busses) double and
triple parked at the roundel, waitingfor their passengers, Its a mess! The Mar West
thoroughfare bypasses that traffic jam and I. (along with other Lyford Cove residents),
use that road constantly. To continue on home we make a l~/t turn on Paradise Drive'
Would the Trqffic Committee direct us BACK toward town, into the trqffic iam at the
circle??? Its so stuoid that [won't comment anv further!
Leave well enoueh alone' The roads are for all users and not for orivate usel
Nathaniel Marans . I ,;-L",?~..Jl., -"-~I
2312 Spanish Trail, ~ - ..,.---
(Old) Tiburon 435 1078 .
I
P.S, Sanitary District #5 Directors (at the juncture of Paradise and Mar West) have
voted
against the "no-left turn" and a letter has been delivered to the Council/Committee.
RECEIVED
OCT - 4 2000
TOWN MANAGERS OFFICE
TOWN OF TICURON
2000 Paradise Drive
Tiburon
California
94920
Tel. 415.4353400
Fax.. 415.4358034
caprice. citysearch. com
~CAp
October 1, 2000
Traffic Safety Committee
Tiburon Town Council
1155 Tiburon Boulevard
Tiburon, California 94920
Regarding: Traffic Issue on Mar West
Dear Town Council,
rf6tr1 # I
RECEIVED
OCT 0 3 2000
u..~-,,.j"~.M.
We apologize for not responding earlier to this very important issue, but the
recent tragedy, of which you are aware, to the Point Tiburon Plaza
Corporation dba The Caprice, and the replacing of heavy equipment in our
kitchen directed our attention away from this matter.
This topic is extremely important to us, as we feel it can have tremendous
impact on our business and daily operations. Since The Caprice is one of the
oldest businesses in Tiburon and has strong ties in the neighborhood, as well as
being a very active member of the business community, we believe our voice
should be heard. We would appreciate the time to prepare properly and ask
you to make no final decisions.
Thank you.
Sincerely,
Carl H. Peschlow
-:r.+61'Y1 #- I
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September 21, 2000
Traffic Safety Committee
Town ofTiburon
1155 Tiburon Blvd.
Tiburon, Ca. 94920
Re: Traffic proposals for Mar West Street
Dear Ladies and Gentlemen:
As President of the Point Tiburon Lagoon Condominium Association, 1 have been directed by
Board resolution to advise you of our comments on the above proposals for no left exit turns
from Mar West onto Paradise Dr. and no right entrance turns from Paradise Drive to Mar West.
Our Association consists of some one hundred residents in 54 units on Lagoon Vista, a cui de sac
exiting onto Beach Road between Mar West and Tiburon Blvd. All pedestrian and vehicular
traffic must enter and exit onto Beach Road across from the tennis courts. Beach Road is
particularly steep with two curves between Tiburon Blvd. and Mar West so that cars speeding
around these curves have limited vision and are also difficult for pedestrians to react to in a
comfortable period of time.
We have noticed a substantial increase in both the volume and speed of traffic in both directions
along Beach Road over the past several years. Some of our residents are elderly and unable to
skip across the road on short notice. Many are often encumbered with groceries or leashed pets
which reduce their mo~i1ity. I am personally aware of at least three deer killed on this stretch in
recent years.
The lower end of Beach Road is, of necessity, frequently blocked as 40 foot delivery vans slowly
back in a narrow entry to make deliveries at Bell Market. This can be particularly hazardous to
motorists speeding down the hill with limited visibility around the S curve.
The increased volume of traffic has also led to an increase in both service and private vehicles
mistakenly turning into Lagoon Vista as a shortcut to downtown Tiburon and forced to turn
around and exit again, usually at high speed, onto Beach Road. This has reached such a stage
that we are considering steps, including signage, to give better notice. Any actions to reduce
volume or speed on Beach Road will also assist this safety problem.
LAGOON CONDOMINIUM ASSOCIATION
Mailing Address
55 Lagoon Vista, Tiburon, Ca. 94920
Office Location
1680 C Tiburon Blvd., Tiburon, Ca.
Telephone
415435-3467
415435-8504 FAX
Traffic Safety Committee
Town ofTiburon
September 21, 2000
Page 2
We support the remedial actions proposed by our Mar West neighbors and believe that they
deserve serious consideration along with efforts to reduce excessive speed.
Si~=IY~
~-~
President
Point Tiburon Lagoon Condominium Association
09.21:UO 09:45 FAX 415 781 1034
LUKENS&DRUlIlIND
14!I001
ITem -# I
Lyford's Cove O{(;(T"tburon :]-{omeowner's .Jtssociation
98 :Main Street, Suite 634
T'wuron, Ca[ifornia 94920
September 21,2000
Facsimilc Mail (415) 435-4984
Lieutenent Thomas Aicllo
Acting Chief of Police, Town of Tiburon
1I55 Tiburon Blvd.
Tiburon, Ca 94920
Re:Mar West/Traffic Controls
Dear Traffic Committee:
Mar West falls within thc jurisdiction of our homeowner's
association area. Our residents would be affected by any steps taken to control the
traffic on Mar West.
We rccognize that there are many young children in the vicinity of
the Mar West! Las Lomas intersection and are concerncd that thcir safety be
protected.
While we arc not yet in a position to make specific
recommendations, we rcquest that the Committee not impose controls that will
unduly restrict the mobility of the homeowners' access to Paradise Drive or Mar
West Street.
We also would note that our homeowncrs have reported favorably
on the effect of the 15 mile per hour restriction that has been placed on Centro
West.
Very truly yours,
WIlliam M Lukens
President
Lyford's Cove Old Tiburon Homeowner's Association
98 Main Street, Suite 634
Tiburon, California 94920
09/25/2000 14:49
14154358504
PT TIBURON CONDO
PAGE 01
-:xf61'Y7 '" I
D~'.T ,IF. WOODRING
P.O. Bolt WiO
Tiburon, CA 94920
September 21,2000
TRAFFIC SAFETY COMMITEE
Pcter Hurley
Chief ofPolicc
Town ofTiburon
RE: MAR WEST
Dear Mr. Hurley:
We are OPPOSED to eliminating right hand turns from Paradise Drive onto Mar West
Street. We are rcsidents of Point Tiburon and park in the lot closest to the Sanitary
District office and plant. We frequently come home from Old Town (friends, fiunily, ctc,)
and jfwe were unable to turn right to get into our parking lot we would instead wind thru
the hills (from Solano to Centro East to Centro West, etc.) down to Mar West OR we
would go thru town to Beach Road, take a right, wind up the hill and come down Mar
West (thus being on Mar West a lot more than usual and in a sense we would be "robbing
Pctcr to pay Paul").
Wc can understand a need to consider climinating left hand tmns from Mar West onto
Paradise. We consider that a daogeroU8 intersection (more bee""'" ofbikers than cars)
and seldom turn left at that intersection. It's even scary to cross the street then: on foot to
start a walk to Old Town. However, we would suggest lowering the speed limit on Mar
West AND on the curve on Paradise Drive as the first step in trying to correct traffic
problems. There is no need to jump into a drastic change. It makes more sense to go
step-by-step, a lowered speed limit being step # I.
To have a 3 way stop at Las Lomas is not a problem for U8, but once again we would
suggest a lowered speed limit as a first step.
Thank you for your attention.
,
~ ~r/J60K W()O~
Dellic and Doug "Woodring
1912 Mar West
435-2121
.::rfc.1YI #-(
From: DDondero@aol.com
Date: Mon, 25 Sep 2000 18:33:40 EDT
Subject: Traffic Safety Committee hearing
To: tibpd@ix.netcom.com
Dear Lt. Aiello,
I understand that the residents of Mar West have made some requests of the
traffic safety committee. The request seems like a thinly veiled attempt to
make the street a private street. Having a stop sign at the bottom of Las
Lomas would be good, but redundant, since they have an obligation to yield
anyway, and few people in Old Tiburon pay any attention to stop signs in the
first place.
We need more through streets in this part of town, not fewer, and the no left
and right turns only impede traffic and make it harder to get around. The
real solution is speed humpslbumps. These can be engineered to compel the
traffic to go the exact speed limit--they don't have to be obnoxious bumps
that jar one's teeth. They could be used on all the streets with IS mph
speed limits very effectively.
The whole of Old Tiburon needs to be looked at as a unit, not in the
piecemeal fashion of this past year. Someone made a lot of noise about
Centro West so speed limit signs were posted but no one looked at Centro East
which is also narrow and where going 25mph is nothing short of reckless. All
of Centro should have a 15 mph speed limit.
There used to be a sign at the bottom of the upper half of Solano, as one
turned up the hill from Paradise, saying that no tractor-trailers were
allowed. This sign disappeared a couple of months ago and I would like to
know why it hasn't been replaced.
Thanking you for your attention to these matters.
Diane Lynch
171 Solano
Tiburon, CA 94920
435-7401
TRAFFIC SAFETY COMMITTEE
AGENDA
0930 HOURS, SEPTEMBER 26, 2000
TIBURON TOWN HALL, COUNCIL CHAMBERS
1505 TIBURON BOULEVARD
Aeenda Items
1. The residents of Mar West request the Traffic Safety Committee consider a "three-way stop
sign" at Mar West and Las Lomas, and a "No left turn" from Mar West to Paradise
Drivef'No right turn" from Paradise Drive to Mar West. This action is requested to slow
down the speeding problem on Mar West.
2. Request designated drop-off and pick-up locations for the children at Bel Aire School.
cc: Acting Chief Aiello
Irv Schwartz, Town Engineer
Scott Anderson, Planning Director
Tony Iacopi, Superintendent of Public Works
Diane Crane-Iacopi, Town Clerk
Tiburon Fire District
Ark Newspaper
IT c:. fY/:#: /
Traffic Safety Committee
Town of Tiburon
1155 Tiburon Boulevard
Tiburon, California 94920
August 5, 2000
Dear Ladies and Gentlemen,
We, the undersigned residents of Mar West Street, .c:spe.."1fuIly request you consider the following two
remedial actions to address an increasingly dangerous motorist speeding problem on our street. While we
believe the existing 25-MPH speed limit to be adequate, often motorists sullstantially exceed that safe limit
Our street is heavilv walked and biked without benefit of sidewalk or shoulder and thus there is little
marl!in for error with a slleedi11l' car. In the last few years the number of children residing on and utilizing
this street has increased many-fold We believe the following remedies will hetp to deter speeders who are
simply hying a shave a few moments off their commute by taking Mar West as a shortcut
Three-Wav StOll Sil!J\ at Mar West and Las Lomas
Erect a 3-Way stop sign at the inter.;ection of Las Lomas and Mar West. This is the ouly intersecting street
between Paradise Drive and BeachlEsperanza Streets. This would act a shortcut deterrent, as it would slow
motorists down a few moments. These stop signs would be easily enforceable from Las Lomas. 1bey
would have the added bellefit of improving the safety of a particularly blind curve on the eastbound lane of
Mar West, where pedestrians, etc. are at particular risk.
No left turn from Mar West to Paradise I No rillht turn from Paradise to Mar West
At the Mar WestIParadise inter.;ection prohibit left turns off of Mar West onto Paradise Drive and prohibit
right turns from Paradise onto Mar West. We acknowledge this may be an occasional inconvenience to
motorists, but believe the safety benefits far outweigh the inconvenience. This should stop the majority of
shortcut speeders which would benefit all of us. Residents of Point Tiburon who exit onto Mar West could
make a safe exit from their driveway. (As a pedestrian I have witnessed a few close calls, and I believe
there has been at least one accident at that site). Additionally, the safety ofIeft hand turns from Mar West
on to Paradise is highly questionable. Visibility is limited from the right and carslbicycles heading
southwest on paradise come quickly around this left comer.
If compliance with the left/right turn prohibitions is low, curbing could be installed (as currently exists
where Tiburon Boulevard intersects with Cove Road and Lagoon Road in Belvedere).
The above remedies are relatively simple and inexpensive to implement with signage and occasional police
enforcement.
We acknowledge that motorist speeding and auto congestion is and will continue to become an inaeasing
problem on these old streets. Thus, it is SO important that we address some remedies now before a tIagedy
occurs. Hindsight being perlect, the opening of Beach Road a decade ago, connecting it to EspeIanza with
the resultant dangers to Old Tiburon Streets should have been addressed at that time. But, we must work
with what we have.
We want to thank Acting Police Chie!; Lieutenant Aiello for ananging Tiburon's Motorcycle Officer
Slobodnik to occasionally enforce the speed limit on Mar West and the p1."'"""1It of the speed limit
billboard to help raise consciousness, but neither of these can always be present or will linger as the above
remedies will
We greatly appreciate your consideration and look forward to hearing from you. Thank you.
Name &. Address
REeEfVEo
AUG 9 2000
TOWN MANAGERS OFFICf
TOWN OF T1SURON
~
August 28, 2000
UPDATE ON PROPOSED REMEDIES TO SLOW DOWN MAR WEST
Dear Neighbor,
Thank you for yom support of the at\lIChed fCIlledies to slow down Mar West. The response has been
overwhelmi1J& with 27 letters received to date, but you need to help to make this happen. Please attend the
Traffic Safety Committee meeting to discuss the proposed changes to Mar West. This will be the only itelll
on the agenda and should not take too long.
Date: Tuesday September 12, 2000
TIme: 9:30 AM
Place: TIburon Town Ball
Utxfate:
Thank you for your support of the at\lIChed fCIlledies to slow down Mar West. The response has been
overwhelming. 27 tellers have been received to date. At the August 22'" meeting of the Traffic Safety
Committee, Irv Schwartz (our Town's Traffic Safety Engineer) was in favor of prohibiting right and left
turns on and off Mar West, provided the same prolubition applied to the adjacent parldng lot The Traffic
Safety Committee noted that this was a dangerous intersection and our street was being used as a short cut.
Paradise Drive to Tiburon Btvd was intended to be the through traffic route for our uphill neighbors and
was designed accordingly. Mr. Schwartz also believed this would make the proposed stop sign at Las
Lomas would be unnecessary, since the majority of traffic would then be local. However, the meeting was
oontinued until September 12 to allow notification to nearl:!Y neighbors on Paradise. Some comment has
been received and it is expected that there will be opposition from uphill neigbbOl:S who want to oontinue to
utilize our resi.sJootialm.:Gt -as a !litoIt cut. .Jt-is-very impl_ Ie aet-orrlhis now. Changes to-neighboring
streets will continue to exert more speed pressure on our street. Recently Centro West was redu~ to 15....
MPH and Paradiie-I>riYe along ShOldiw: Park has beeB reduced Ie 25 MPH (withm "......ut memory this
was a 35-MPH street). These changes make Mar West a very atbactive short cut; no 15-MPH spel;l11imiJ,
no speed reducing.islandto IIeg<'NV at the feny 1~",,;n.l, and eJ;~;"atiQD offuur GroSSn.dL,.
Some HistOI'l:
A recent discuSsion with Tiburon Motorcycle Officer SIobodnik, revealed speed enforcement on our street
was very diflicu1lDiscussions withActinttJ>olice rhi~f Ai~lIn =""I..n IMI <llpp'Irt fnT ~ hll~rs~'
the town was unlikely due to liability issues and reduction of the speed limit as occurred on Centro West
would require a ttaffic study, hll IInli1re!:entro w...:t. M.T WeIll_nota sub standard width and the<XlSt
of the traffic study ($3,000 to $6,(00) would have to be paid by the residents of Mar West. In addition,
from a practical $JUlpnint, 25-MI'Hkprobab4' . ""'....n."I~ ~ limil fnT Mar W...:t: '''"< il wooIl1
likely be . waste of time and funds. So the two attached remedies of prohibiting short cut speeders and the
stop sign rem.ined.the~nIr EabJe..eplions.
We now have 19 children residing on Mar West with 4 more on the way. Mar West is a residential street,
not a thoroughflll'll., .If we~ not.fullow l"m1lg" nn this nnw mnmenhlm JWdthe Town' < ."""tinn wiHbe
lost.
It should be expected that there will be sizable opposition to the proposed change (811 there are a 19t
more residences IIl1hlll from lI8},therel'ere, ~yoor Illpportis crilkaL Vnfortunately, sigJ'i,,& th~ Ietter
alone will not enact this change. H the Traffic Safety Committee cannot view our support in physical
Dumben they will net beoiM'r~9d fa -........aRJ ruo....-.............:^__to our T~
BOARD OF DIRECTORS
SANITARY DISTRICT NO.5 OF MARIN COUNTY
2001 PARADISE DRIVE
P.O. BOX 227
TIBURON, CALIFORNIA 94920
TELEPHONE (415) 435-1501
FAX (415) 435-1502
HENRY A. KNAUBER
DISTRICT MANAGER
CAR LEE J. BENNETT
DISTRICT SECRETARY
STEWART HOPKINS, CHAIRMAN
CASEY KAWAMOTO
NATHANIEL MARANS
M.R. WOODWARD
FRED C. HANNAHS
REf"'r:::\HCn
~:,,""," V-:-,:1.I
August 21, 2000
Traffic Safety Committee
Town of Tiburon
1155 Tiburon Boulevard
Tiburon, CA 94920
AUG 2 2 ZOOO
PLANNli'~~; C;;Y"~-'" i.,cf'~ I
TOWN OF TfG:~RDN
Gentlemen:
The Directors of Sanitary District No.5 have been asked to support a request by neighbors on Mar West to
insta1l3-wayarterial stop signs at the Las Lomas and Mar West intersection. Additionally, we are asked to
support a request to ban left hand tums on to Paradise Drive and right hand turns from Paradise Drive to
Mar West
Based on staff recommendations, we subscribe to the proposal to place stop signs at the Las Lomas
intersection as a means of reducing the excessive speed observed on this thorofare as well as diverting
some of the short-cut traffic back to Paradise Drive and Tiburon Blvd.
While recognizing that the Paradise Drive intersection is dangerous, we cannot support the proposal to
limit access as suggested in the neighborhood letter of August 5th as it may well create more problems than
it will solve. The problems will not only affect residents north and east of 2000 Paradise seeking access to
Mar West but also the service vehicles of the Rre and Sanitary Districts, post office, utilities, Town, etc.
It would be of interest to observe whether the recent posting of 15mph signs on Centro West will be
effective in reducing average drive speeds and whether the experience gained can be utilized in reducing
excessive speeding on Mar West
Sincerely, .' I
-----~/ / // /
/~/.//Ck~
Fred c. Hannahs, President
Board of Directors
Sanitary District No.5
rrEI11 -#- c:<
Tom Aiello
Acting Chief of Police
1155 Tiburon Boulevard
Tiburon, CA 94920
August 29, 2000
Dear Tom,
Thank you for your traffic safety letter sent to parents of Bel Aire students at the
start of our school year. I believe as you do that it is important to keep our
children as safe as possible in getting them to and from school.
At Bel Aire School there is no designated drop-off spot for the children to get
out of their cars safely. I am in my second year of carpooling and I am appalled
by the lack of a designated drop-off zone, one next to a curb so the children can
safely exit their cars. (FYI- carpooling is the only option for us due to our infant
son.)
The spot described as the drop-off zone in your letter is full of parked cars,
with no marked spot to disembark. In our phone conversation you said that the
curbs could not be painted red- how about white? The new ferry loading zones
downtown are white with signs saying what they are for, don't our school
children deserve similar treatment? If your concern is that the zone is in front of
people's homes, I say what if it was a city bus stop? Would the bus not have a
place to pullover? Also the curbs and sidewalks belong to the city. Neighbors
will be happier if the situation is made orderly.
Children currently dart and dash through parked cars on their way to the
sidewalk, one of those cars might just move, not noticing them. Yesterday
morning a school bus unloaded at the base of the drive with parked cars
blocking its way. If you no longer have the bus unload at the top of the drive,
this situation will become extremely hazardous, quickly.
This morning a large group of very young children (Reed?) waited at the base of
Bel Aire School fO!' the bus. These children had no place to stand safely, they
were spilling into the street which also happened to be the designated drop-
off zone. If more students are encouraged to take the bus they need a spot to
wait safely.
I live up the hill from Del Mar and have been a member of our property owners
association, I know what a mess traffic was around the school until someone
(you?) sorted out the traffic flow. It desperately needs to be done for the other
two schools, Bel Aire is the one apparent to me.
Pick-up time is worse than drop-off, though the solutions are more complex. We
need to look at the 3 major pick-up spots to make sure they are all safe.
I am willing to do what I can, I understand this issue is not new. It is not an
option to wait until there is a tragedy to deal with the problem. Please do not
make traffic safety the responsibility of the school. Their job is to teach the
children and that is a big job.
~1='
Heather Selick
435-8389
~
5f~m #=2-
Mr.Tom Aiello
Acting Chief of Police
1155 Tiburon Blvd.
Tiburon,CA 94920
September 17,2000
Dear Tom,
In response to Ms.Selick's letter regarding a designed drop-off spot for children to
get out of cars safely in front of Bel Aire School, I would like to offer a couple of
ideas to facilitate a resolution to the situation.
I grew up in Bel Aire Estates, went to Bel Aire school, and my two sons both
walked to Bel Aire School.The pattern of school traffic has worsened its impact on
our city streets. In the recent decade, Bel Aire neighbors suffer with a daily traffic
flow of over eighty cars dropping off and picking up children in the morning and
the afternoon. I have counted the cars and SUV's, nearly all with a single child
inside. It's not a situation that seems to be improving. Due to the lineup, many Bel
Aire neighbors can not enter /exit their own driveways or park in front of their
homes. Some parents appear oblivious to the neighborhood and the children who
walk to school in front of their vehicles.
Rather than clog up Bel Aire Estates with white curbs in front of neighbor's houses
who may not evcn have children, why not set up carpool drop off/pick up centers in
the surrounding neighborhoods, so children can safely board without risk? Or better
yet, how about taking the bus?
When my children attended both Reed and Del Mar schools, they took the bus. The
cost was economical, and it was a safe way for the children to travel. The bus runs
daily and is on time. Perhaps residents could carpool to various bus stops in their
own neighborhoods.
Clearly we have a situation that my neighbors and I feel is a further encroachment
upon our neighborhood. We obviously want safety for the school children, but think:
the parents of the children could also demonstrate some community awareness.
Respectfully y~s, w.. A A
PruStarr ~k () rtuYvtL-
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TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 10/18/00
7
Date:
TOWN COUNCIL
SCOTT ANDERSON, PLANNING DIRECTOR*,"
BLACKIE'S GROVE: PROPOSAL BY TIBURON PENINSULA FOUNDATION
TO INSTALL TREES AND OTHER LANDSCAPING IMPROVEMENTS IN
THE BLACKIE'S PASTURE PORTION OF RICHARDSON BAY LINEAL PARK
OCTOBER 12, 2000
To:
From:
Subject:
BACKGROUND
The Tiburon Peninsula Foundation is proposing the installation oflandscaping and irrigation
improvements within Blackie's Pasture Park. The improvements are being called "Blackie's
Grove" and would be centered on the "triangle" ofland immediately east of the Sam Shapero
Bridge, but would include trees on both sides of the stream and both sides of the multi-use path.
The impetus for the project was a commitment to complete tree installation begun in 1994 as part
ofa Small Business administration grant awarded to the Town ofTiburon for tree planting.
PROJECT DESCRIPTION
The landscaping plan would include planting of 25 trees of various species, planting of native
grasses and wildflowers, and installation of five benches. Proposed tree species include weeping
willow, coral eucalypt).ls, New Zealand Christmas tree, Cajeput tree, flowering pear and Saratoga
Laurel The project landscape architect estimates that trees will not exceed 20-25 feet at maturity
due to site and soil conditions. A reduced site plan/tree list is attached as Exhibit A. Full size
drawings and colored renderings will be on display at the meeting.
PRIOR REVIEW
The notion of installing Blackie's Grove was first presented to the Parks & Open Space
Commission by the Tiburon Peninsula Foundation in July 1999. At that time, a firm location had
not been selected. Preliminary candidates for project location were the "triangle" area and an area
near the new restroom building. Please refer to Exhibit B for additional background information.
TOWN COUNCIL STAFF REPORT
STAFF REPORT
10/1812000
1
In January 2000, a colored conceptual drawing of the proposed grove was presented to the Parks
& Open Space Commission. The Commission's comments on the grove concept were generally
favorable. Materials and minutes of that meeting are attached as Exhibit C.
ANALYSIS
In October, Town Staff became aware that work was about to proceed with installation of the
grove. Staff indicated to the Tiburon Peninsula Foundation representatives that proper public
review and Town Council approval had yet to be obtained. The matter was placed on the next
Town Council agenda and notices were mailed to neighbors. On October 11th, the Public Works
Department installed four 25-foot high story poles, one each at the project corners. The story
poles are intended to depict a worst case scenario for tree height and visual displacement caused
by the grove at maturity. The area framed by the poles must be assumed to a largely continuous
canopy of foliage, given the large number of trees (25) proposed.
Planning Department Staff reviewed the story poles from various neighborhoods and vantages. It
appears that the Belveron West neighborhood, and especially Jefferson Drive and Washington
Court, would be most visually affected by the grove. The view across Blackie's Pasture from
Jefferson Drive is essentially ground level and unobstructed at present. Substantial view blockage
across Blackie' s Pasture to Richardson bay and the Sausalito hills beyond would result from the
grove even before maturity. Homes along Greenwood Court, Lower North Terrace, and East
Terrace in the Reedlands may also lose water views. Some homes on Trestle Glen Terrace would
also lose portions of their short-range water views, but to a lesser degree.
As of the report date, the Town has received calls and visits and one letter (Exhibit D) from
Belveron West residents, all expressing concern and opposition.
OPTIONS
Staff strongly supports the concept of Blackie' s Grove. Location is the key to an acceptable
project. Staff believes that the proposed location has a high view blockage potential. Options are
as follows
. Abandon the project (Staff does not favor abandoning the project).
· Scale the Grove back, in terms of tree height, number of trees, or both.
. Select an alternative location for the Grove.
Staff believes that there are alternative locations where substantial view blockage would not result
or would be greatly reduced. These are:
l. The area immediately north of the restrooms.
2. The area due west of the former trestle mound.
TOWN COUNCIL STAFF REPORT
STAFF REPORT
10/1812000
2
These areas are shown on Exhibit E. The full sized aerial photo will be on display at the meeting.
Of the two alternative locations, Staff prefers Alternate #1 because it is only a short distance
from the proposed grove and is near the restrooms. Alternate #2 is more remotely located and
generally off the beaten path. Story poles could be erected in both alternate locations to better
ascertain potential view blockage impacts.
RECOMMENDATION
. Hear public testimony on the item.
· Consider the options discussed above.
EXHIBITS
A. Reduced site plan and story pole location.
B. Materials from July 1999 POSC meeting.
C. Materials from January 2000 pose meeting.
D. Letter from Marshall and Linda J ainchill dated 10/11/00.
E. Adapted aerial photo showing alternate locations.
TOWN COUNCIL STAFF REPORT
STAFF REPORT
10/1812000
3
, '1'"
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
MEETING DATE: 7/13/99
~
To:
From:
Subject:
Date:
PARKS & OPEN SPACE COMMISSION
SCOTT ANDERSON, PLANNING DIRECTOR~
PLANTING OF ADDITIONAL TREES IN RICHARDSON BAY LINEAL PARK
JULY 9, 1999
BACKGROUND
In 1994, the Town of Tiburon received an approximately $11,000.00 grant to plant trees in the
Blackie's Pasture portion of the Richardson Bay Lineal Park. The tree planting was part of the
larger effort, spearheaded by the Blackie's Brigade and the Tiburon Peninsula Foundation, to
clean up the Pasture area. At this time, extensive broom removal, clean-up, grading, installation
of paved parking, and other improvements occurred, including placement of the sculpture of
Blackie.
Unfortunately, many of the plants installed at the time were later (1999) determined by the State
Department of Forestry to be "bushes" as opposed to small trees (see Exhibit 1). The State has
therefore requested that the Town either refunds a portion of the grant money or plants additional
trees worth approximately $3,500.00.
The Tiburon Peninsula Foundation has agreed to contribute the approximately $3,500.00 toward
the planting of additional trees (see Exhibit 2). The Foundation and the Public Works
Department are consulting with master gardeners to select feasible locations for planting of shade
trees. A primary con~ern is avoidance of view blockage, and secondary factors such as drainage,
soil suitability, and irrigation must also be considered. Preliminary candidates for tree planting
locations are the "triangle" southeast of the Sam Shapero Bridge and the area adjacent to and
northwest of the new permanent restroom facility.
Once a conceptual plan of feasible sites has been developed, the plan will be submitted to the
Parks & Open Space Commission for consideration.
RECOMMENDATION
No action is necessary at this time.
Parks & Open Space Commission
Staff Report
7'13,99
I
EXHIBIT NO. B
p,L..f4
EXHIBITS
1. Letter dated April 13, 1999 from State Department of Forestry.
2. Letter dated June 3, 1999 from Tiburon Peninsula Foundation.
\posc\tree planting report. doc
"
..;0
Parks & Open Space Commission
Staff Reparl
7/13/99
2
EXHIBIT NO. B
p~J..A4-
.~
THE RE. URCES AGENCY
@
Gray Davis, Govemor
DEPARTMENT OF FORESTRY AND FIRE PROTECTION
@
P,O, Box 944246
SACRAMENTO. CA 94244-2460
W_:www.fire.ca.gov.
(916) 657-4llO5 Fax (916) 653-8957
R9
April 13, 1999
RECEIVED.
APR 1 5 1999
Mr. Dan Watrous
Associate Planner
1155 Tiburon Boulevard
Tiburon, California 94920
PLANNING OEPAA fMENT
TOWN OF Tl8UAON
Dear Mr. Watrous:
On March 16, 1999, I made the final maintenance inspection on Tiburon's 1994 Small
Business Administration Tree Planting Grant. My inspection revealed that there were at
least 147 bushes planted in violation of contract item number two, which states in part,
"The purpose of this sub-grant is to .. .plant trees on land owned or controlled by state or
local government." Also, under definitions "Trees" means a perennial plant having a
permanent woody, self-supporting main stem or trunk, ordinarily growing to a considerable
height and usually developing branches some distance from the ground. This definition is
not intended to preclude any species traditionally considered to be a tree, Plants
described as "small tree" or .small tree or shrub" per the Westem Garden Book shall be
classified as trees when maintained as trees. On January 10,1996, Allen Robertson told
Dan Catron that all the plants had to be maintained as trees.
Tiburon has not maintained the plants as trees and thus has failed to fulfill all the
requirements of its contract with CDF. Therefore, I must request that reimbursement be
made to the California Department of Forestry and Fire Protection for the sum of
$3,593.05, or that additional trees be planted by the town staff that comes to the cost of
$3,593.05.
Please send a remittance made payable to CDF in the aforementioned sum or send
me a list of trees to be planted, the location where they will be planted, and the cost.
Please call me at the above number if you have ariy questions.
Sincerely,
~~
Wade R. McDonald
SBA Tree Planting Grant Forester
RPF #2065
CONSERVATION IS WISE. KEEP CAUFORNIA GREEN AND GOLDEN
EXHIBIT NO. B
p-.-':l---L~-
The Tiburon
"Penins ul a
.Foundation
POST OfFICE BOX 210
BELVEDERE . 1lBURON
CALIFORNIA 94920
Mogens Bach
George Gnoss
John Hoffmire
Beth Logan
Barbara Mathew
Jim Mitchell
Bruce Ross
Arno Rayner
Lany Smith
Gary Spratling
Petey Stein
.
..
RECEIVED
JUN - 41999
TOWN MANAGERS OFFICE
TOWN OF TlEURON
June 3, 1999
Robert Kleinert
Town Manager
1505 Tiburon Boulevard
Tiburon, CA 94920
Dear Bob:
Confirming our recent telephone conversation, the board of the
. Tiburon r'eninsula- Foundation voted to spend $3,593.05. on .
behalf of the Town of Tiburon. This is to' satisfy a claim by the
State of California Department of Forestry that certain plantings
in Blackie's Pasture were not maintaiiled as trees as required by a
Jgrant given to the town several years ago.
It is proposed that this money be used to establish a grove of
shade trees located on the southeastern side of Shapero Bridge
on the way to McKegney Green. With appropriate benches, this
would afford one of the few shady spots on the mUlti-use path
where people can sit and relax and enjoy the bay view.
We further propose, in addition to out-of-pocket expenses, to
devise a plan for the grove, carry it through the governmental
process for approval and prl?vide volunteer help ~here
appropriate. Our expectation from the Town is for it to provide
Public ,Works help in planting the trees and installing the
irrigation that willlike.1y be required. "
,
Best regard~ ,
.-1:.. . ~J:::::,
<t:;:;;lmith
President
P.S. In this same general area, the Town is using pasture land as
a construction staging area. Truck movement has damaged the
irrigation system which supports trees on the trestle berm,
making the system inoperable. We are at risk of making it
through the'summer without losing some or all of these trees.
What can be done?
EXHIBIT No.6
. ,
fr 4- 0+ 4-
c'f
.;:"..
~-
near Gilmartin looking West with a little girl waving, North tearing up the railroad tracks in 68/69
and with the train where the path is now, and looking South at Belvedere; the oyster beds by
Blackie's Pasture in 1900; and at Blackie's Pasture showing the trestle and Blackie. Because the
Landmarks Society is collaborating on this project, all the information and dates will be as accurate
as possible.
Mr. Smith noted that the father of the little girl waving helped them obtain the original photograph
from her for the best reproduction. He stated that they were still looking for two photographs: from
between the Library and Town Hall looking up the hill including St. Hilary's; and across from the new
Police Station looking up at the Navy barracks.
Mr. Mitchell stated that the trail markers are meant to keep people abreast of local history. He
commented that the Landmarks Society has a great collection of photographs, but unfortunately they
are open when most people are working. He wondered whether they could be put on the Town
website. The Commission requested that Stafffind out who does the Town website and jfthe Historic
information can be posted there.
Commissioner Eth confirmed that the signs would be set off from the bike path to avoid adding to
congestion there. Mr. Smith stated there would be a short path leading from the main path to the
marker and a concrete pad with the key being handicap accessibility.
Mr. Smith stated that the next step would be to get the copy written. He estimated that the project
would be completed this year.
'"7 5. Blackie's Grove (TPF).
Larry Smith displayed a colored, conceptual drawing of the proposed grove of shade trees to be
located on the southeastern side of Shapero Bridge near McKegney Green. This project will satisfy
the State Forestry request for refund of$3,500 or replanting of trees worth that amount. They had
determined that the Town did not comply with the Small Business Administration Tree Planting Grant
requirement that trees be planted and maintained as trees. While the Town made sure to plant trees,
they have been maintained as shrubs. The only location for a grove of trees that would not have a
view impact would be this specified triangle of land. It also has the advantage that it would not be
appropriate for any otl-ier use.
They have been raising money to pay for the grove, as it Will be more than the $3,500. So far $20,000
has been raised. The concept is to create a framed view from within a grove of shade trees. There will
need to be some grading of soil so the trees will grow and for better drainage. Mr. Smith was asked
how he proposed keep the lawn green in this grove. He stated that the lawn concept may have to be
given up unless a way to irrigate that area could be devised. It would cost approximately $60,000 plus
a filter to use reclaimed water. The suggestion was made that since the grove area was small, perhaps
the $60,000 expenditure could be spread over a larger area including McKegney Green. Another
suggestion was that the money raised from planting memorial trees could be used for irrigation.
Tiburon Parks & Open Space Commission
3
Minutes No, 173 -January I J. 2000
EXHIBIT No.k
pr (.+ 1
There was discussion concerning Staff allowing this area to be used as a staging area for construction.
Trucks have damaged the irrigation pipes, etc. Another concern was the proliferation of "No Parking"
signs at Blackie's Pasture. There should be an adequate number to allow the police to ticket, but not
so many that it is an eyesore.
The Commission commended Mr. Smith for taking a potential problem and turning it into something
wonderful.
6. Lighting proposal for Blackie's Statue (TPF).
The cost to repair the statue was $4,300.00. The artist concluded that someone came with a mallet
to this damage. Lighting has been requested to prevent future vandalism. The proposal is to softly
light statue only so the light can be prevented from shining up the hill. It was estimated to cost
$2,500 do this lighting. No plans or specifications were presented. One recommendation was to
light both . es of the statue. This plan does have the potential to bother uphill neighbors. It was
proposed tha e statue should be lighted for a couple nights with similar lamps to get an idea of the
effect. That ma eed to be noticed and advertised. An added bonus of lighting the statue is that
people would be a e to see it at night.
Commissioner Zender ted that she did not think children should be allowed on Blackie's as it was
too dangerous. Mr. Smi disagreed, saying that the whole purpose of the statue was to have
interaction.
Commissioner Eth was against th oposal and said there was a possibility of creating an attractive
nuisance. He also wanted to maintai e natural appearance of the area.
>
posal and explained that lighting was not necessarily
Commissioner Burgin was also against the
a deterrent to vandalism.
Chair Canter said that if the statue was lighted at ni
a hangout, and be more dangerous.
it may attract people there at night, become
Commissioner Zender inquired if any other measures could lJ sed to protect the statue.
Commissioner Allen was against the proposal because having this li in someone's view would not
be good.
DISCUSSION
MIS Eth/Canter to recommend that lighting not be installed. (4-1 Zender)
Staff requested suggestions for agenda items for the March 7 workshop with the Town ouncil. The
Commission is to determine at the February meeting whether there needs to be bot
Commission meeting and the workshop with the Council.
Tiburon Parks & Open Space Commission
4
Minutes No. 173 -January 11, 2000
EXHIBIT NO. C
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HELP US CREATE BLACKIE'S GROVE...
This photo shows a place in a corner of
Blackie's Pasture, just across the Shapero
Bridge on the way to McKegney Green,
which is empty and weed-fiUed, This trian-
gular piece of land is bordered on two
sides by multi-use paths and on one side
by the creek. It is basically ugly and use-
less... until now, The idea is to create a
grove of trees that invites you in.., to sit
and relax... to watch the bay and all the
people passing by, while enjoying a respite
of beauty and shade.
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A palette of trees (California native,
drought-resistant) is being developed. The
artist's design shows us a vision of how
this grove will look. Ahhh! The magic of
using computers to gain a glimpse of the
future.
Blackie's Pasture, where our beloved sway-
backed horse stood for 28 years, and the
land around it, is one of the last flat, easily
accessible, heavily traveled open spaces on
the Tiburon peninsula, The Foundation's
goal is to continue to maintain Blackie's
Pasture and Garden and the Bayside Park
- but also to expand our efforts to beautify
adjacent areas for community use and
enjoyment -
won't you help?
TOMORROW!
EXHIBIT NO.
C-
pr 4- A-f
Marshall Jainchill
Linda Greene Jainchill
106 Ielfenon Drive
Tibunm, CA 94920
Tel: 415381-6615
Rcr-o:::n;:=r,
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OCT 1 Z ZOOO
October 11, 2000
Scott Anderson
PWming Director
Town ofTiburon
1505 Tiboron Boulevard
Tiburon, CA 94920
. .,.,,--. r~~__;~-. .~., I
PLAI'~I\jl. ;"'_ ':>'.;"':"' ~'_l"
TO\;VN \...il- -:-1;':hJRl,N
Re: Blaclrie's Pasture Irrigation and Landsc:aping Plan
Dear &:au,
We understand that there may be a need to add some Iandsc:aping to the Blaclrie's Pasture
area. The neighbors at Belveron West arc ever increasingly improving their properties.
Many of the homeowners arc either remodeling or doing new construdion with homes
that include a second floor. Obviously the reason for the additional of sec~<l floors to
our neighbor's homes is to generate a view of the Bay that homes which arc higher up in
surrounding neighborhoods as well as most ofTiburon naturally enjoy.
By placing the storypoles at the presently proposed location, all the residents in the
subdivision will no longer be able to see the bay from the street at all The children enjoy
see the bay while playing in this semi private neighborhood, along with the aduhs who
enjoy walking to and from their neighbor's homes.
We arc greatly opposed to any planting that will block the view of the bay from the street
from Belveron West!
..
Very truly yours;
Marshall Jainc .
Linda Greene lainchill
~
EXHIBIT NO.
o
tATE MAIL # ?
Wayne Snow
100 Jefferson Drive
Tiburoo, CA, 94920
Mayor Gram and Town COlmciI Members
Town ofTiburon
1505 Tiburon Blvd.
Tiburoo, CA, 94920
RfECiEnflED
OCT 1 3 2000
TOWN MANAGERS OFFICE
TOWN OF TIBURON
October 13,2000
Re: Proposed Planting in Blackie's Pasture
Town Council Meeting Date 1011812000
Mayor Gram and Town Council Members:
I am writing about the proposed plantings in Blackie's Pasture. I will start by Thanking the Town and all
parties involved for the noticing this proposal and most importantly the installation of story poles in
Blackie's Pasture.
Let it be known that I greatly appreciate the many projects the Tiburon Peninsula Foundation have pursued
and completed in the past. I have even assisted their pursuits as my time has allowed. None of my
comments are meant to diminish the Foundations accomplishments or their intent to enhance our
community. I asswne that if they were aware of the adverse impacts of this project they would not request
approval to plant trees/bushes in Blackie's Pasture that affect the views from the neighboring areas.
I and many of the residents in Belveron West carmot support any planting oftrees/bushes that take away
our existing views of San Francisco, Sutro Tower, Sausalito and the Bay; from our homes, cars and street.
I hope you can see that even trees or bushes that may have a reduce height are not doable as they would
also take away our views. Even the people waiting to catch the bus would not want to lose the view from
the bus stop.
I don't think you have to live here as long as we have to take for granted and appreciate this view that is
being considered to be..taken away from our community and specifically Belveron West. In additioo to the
sights listed above we'are able to see the birds in flight over the bay and the motion of the water.
I encourage you to visit and see the concerns from Belveron West. I ask that you drive down Jefferson
Drive in the directioo of Black ie's Pasture, a view of the story poles tells most of the story. If you would
like my assistance or to discuss this matter, please call me at 415-388-1963. I will not be available SWlday
afternoon to Tuesday afternoon. Thank you for all your consideration of this matter.
Cc; Scott Anderson, Planning Director
Cc Tiburon Peninsula Foundation
We the residents of Bel veron West oppose planting of any
trees/bushes in Blackie's Pasture that take away from our
existing views of San Francisco, Sutro Tower, Sausalito
and the Bay. From our homes, cars and street.
The Tiburon Town Council will meet and discuss this
matter on Wednesday, October 18, 2000, at 7:30 PM.
Date
/6.1.).'oJ
Address
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Oct-13-00 08:13A
P.01
October 13, 2000
To:
Town ofTiburon
Regarding;
Land.cape improvements of Black ie's Pasture
I am opposed to any Jandf,';'ping enhancements of Black ie's pasture that would obstruct,
or partially obstruct, view!: )fSan Fralcisco, Sutro Tower or Sausalito. This includes the
proposed Palm Tree planting along th': bike path.
As a resident of Tiburon",lease consi,ier my opposition to this aspect of the landscapmg
plans.
Sincerely,
61'~L uJlv-4 \
Renee Winchell
122 Jefferson Dnve
Tiburon CA 94920
415.383.7161
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OCT I:') 2000
PLAi'-!r!ING f)EP.4:-lT:'(it:'~ j
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PAM. 9
TOWN OF
TIBURON
MEMORANDUM
To:
From:
Subject:
Date:
Mayor and Members of the Town CO~'1
Alex D. McIntyre, Town Manager
Appointment to RUSD Facility Maste Ian
October 12, 2000
The Reed Union School District (RUSD) has asked the Town Council to appoint a representative
to the RUSD Facility Master Plan Committee (letter attached). Also attached you will find a
September 19, 2000 memorandum from the then Town Manager Bob Kleinert outlining some of
the issues facing the Committee.
In addition to a Council representative, the RUSD has also asked me to serve on the Committee
as well. With the Council's concurrence, I will agree to do so
According to Superintendent Chris Carter, the first Committee meeting is scheduled on Tuesday,
October 24,2000 at 7:00 PM at Del Mar School.
Recommendation
It is recommended that the Town Council appoint a representative to the Reed Union School
District Facility Master Plan Committee.
Attachments
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. Teac"
REED UNION SCHOOL DISTRICT
1 05-A i\venieJJ ,\1liradores . Tiburon, CA 94020 . tel: 415.435.7848 . fax: 415.435.7843
October 5, 2000
RECEIVED
OCT 1 0 2000
Board of Trustees
Merrill Boyce
Grace Livingston
Robert Weisberg
laurel Wilson
Jeff Winkler
Christine M, Carter
Superintendent
Mr. Tom Graham
Mayor
Town of Tiburon
1505 Tiburon Boulevard
Tiburon, CA 94920
TOWN MANAGERS OFFICE
TOWN OF TlBURON
Dear Tom:
I am personally extending an invitation to you to be involved in our Facilities Master Plan process.
We must be assured that the best facilities are available to support an effective learning environment.
The District Facility Master Plan will create a vision of what can be attained and, most
importantly, what is needed to support the strategic plan currently being implemented. For example:
· Are our classrooms equipped for a new science program adoption where students study and
experience the wonders of science?
· Are our libraries the center of our schools and wired for information access?
· Do we need a longer kindergarten program, so our children are ready for 151 grade reading and math?
Do we have the facility to support the program?
· Can our facilities accommodate the needs of our Music, Art and P.E. programs? Our newly-formed
instrumental band already has 75 students enrolled in the program, and our current facilities are
inadequate to sustain this program at the level we wish.
These are just a few of the reasons we need to develop a District Facility Master Plan. I am sure you can
think of many more areas we need to address.
You are being invit~d to join us because we need your perspective and expertise as we develop our
plan. Our first meeting will be Tuesday, October 24, at 7:00 PM, at Del Mar School in the Multi-
purpose Room. We have hired Vanir Management Construction to help us create our Facility Master
Plan, and Wally Gordon of Deems, Lewis, McKinley, as our architect. Robin Strandberg from Vanir will
be facilitating the meeting that evening. We will hold another Board meeting on December 5, to further
discuss the plan and at which time we would also like your participation. Please call my assistant, Starr
Naines,435-7848, to let her know if you will be able to attend.
I hope you will be able to join us and help us create the very best school district not only for our
current students but also for the thousands of children who will be part of the future we will create.
Si~jely,.
~ UuzZo
Christine M. Carter
Superintendent
,
TOWN OF TIBURON
MEMORANDUM
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To: .lTOWN COUNCIL
From: TOWN MANAGER
Subject: RUSD FACILITIES MASTER PLAN
Date: September 19, 2000
Last week Ed San Diego and I met with Reed Union School District (RUSD)
representatives who advised us of the following:
1. The RUSD Board of Trustees recognizes that their present facilities are inadequate
and in a state of disrepair;
2. The School District is establishing a Facilities Master Plan Committee that will retain a
professional facilities consultant who will evaluate the District's current facilities and
provide recommendations for facilities improvements;
3. This Master Plan Committee is also going to obtain community input and provide a
need's assessment, cost estimates and funding sources. The Committee's initial
meeting is planned for Tuesday, September 26,2000 at 7:00 p.m. at Bel Aire School.
4. The Committee plans to do a polling survey in November 2000 which will include an
informational mailer sent to 2,500 selected households within the District.
5. The Board is also considering a possible ballot measure for June 2001.
6. The Board is considering three (3) primary funding sources to implement the Facilities
Master Plan. They are:
. A School Tax Ballot Measure;
. Private Donations;
. City of Belvedere & Town of Tiburon
It was noted that Larkspur and Corte Madera through joint user agreements have
recently contributed $1 million and $500,000, respectively, to their school districts.
This has obviously caught the District's attention.
Memo to Town Council
September 19,2000
Page 2
The next joint meeting ofRUSD, City of Belvedere, and Town of Tiburon elected officials
was suggested for Tuesday, December 12, 2000 at 9:00 A.M. This would take place immediately
following the BelvedereITiburon Mayors' and Vice Mayors' monthly meeting.
R.L. Kleinert ttf..
Attachments
RLK/dci
Cc: Alex Mcintyre
Scott Anderson
WpdocslRUSD Facilities MasterPlan.mem
~'
TOWN OF TIBURON
STAFF REpORT
ITEM NO.
10
To: MAYOR AND TOWN COUNCIL
From: ANN R. DANFORTH, TOWN ATTORNEY
Subject: PINE TERRACE HOMEOWNERS ASSOCIATION
LEASE OF PROPERTY FOR ACCESS TO MULTI-USE PATH
Date: October 18, 2000
BACKGROUND
The Pine Terrace Homeowners Association ("HOA") owns a small triangular parcel of open space (''HOA
Parcel") on Tiburon Boulevard. The Town currently leases from the HOA a pathway running across
the HOA Parcel from Tiburon Boulevard to the Town's Multi-Use Path ("MUP"). However, many
children from the nearby school use a self-made short cut to the MUP, which exposes them to
unnecessary risks from traffic on Tiburon Boulevard. To address this problem, the Town Council
has indicated that it wants to construct a second access path to the MUP over the HOA Parcel.
The Town has made several unsuccessful attempts in the past to negotiate a voluntary transfer of the
necessary property rights from the HOA. Apparently, negotiations failed because such a transaction
would require the consent of 100 percent of the members of the HOA and some members have
insisted on the Town providing for restricted parking on Pine Terrace as part of the transaction.
Town officials have been unwilling to accept this linkage. In March of2000, the Council authorized
staff to commence negotiations for acquiring title to the HOA Parcel. After this meeting, staff
obtained an appraisal of the HOAParcel, as a preliminary to acquisition by eminent domain. Upon
receipt of the appraisal, former Town Manager Bob Kleinert commenced negotiations. During the
course of his conversations with new president of the HOA, Bill Tiedje, Mr. Kleinert learned that the
position of the HOA members had changed regarding the HOAParcel. Mr. Tiedje told Mr. Kleinert
that the HOA would be willing to lease the HOA Parcel to the Town provided that the lease includes
an indemnity and hold harmless clause protecting the HOA from claims arising from the public's use
of the property.
ANALYSIS
I have attached a sample lease for review by the Council. This lease would replace the 1982 lease
between the Town and the HOA and includes the indemnity and hold harmless clause requested by
the HOA. The lease would allow the Town to construct a second access to the MUP and also install
appropriate passive recreation amenities, such as a bench.
1
RECOMMENDATION
The Council should authorize staff to negotiate a lease of the HOAParcel based on the terms of the
attached draft lease.
EXHmITS
Draft lease
2
LAND LEASE
This lease is entered into this day of , 2000, by and between the TOWN OF
TIBURON, a municipal corporation (hereafter "Lessee") and the individual members of the PINE
TERRACE HOMEOWNERS ASSOCIATION (hereafter "Lessor").
RECITALS:
A Lessor is the owner of certain real property situated in the Town of Tiburon (AP#055-
131-19) and shown on Exhibit A, attached hereto and incorporated herein. Each
owner of the twelve properties on Pine Terrace has a undivided 1/12 ownership
interest in the property which is the subject of the lease.
B. On July 15, 1982, the parties entered into a year to year lease for a portion of the
property to be used as open space.
C. The parties now wish to enter into a successor lease for a portion of the property, to be
used as open space with certain improvements to be installed by Lessee to provide
better and safer access across the property to the Town of Tiburon's multi-use path
adjoining the property.
NOW, THEREFORE, IT IS HEREBY AGREED by the parties as follows:
1. Description of Premises. Lessor hereby agrees to lease to Lessee a portion of property
contained in AP#055-131-19. This portion is shown on Exhibit B attached hereto,
subject to the tenns and conditions set forth herein.
2. Tenn of Lease. The tenn of this lease shall be ten (10) years commencing with the
date of execution of this agreement. Additional extensions of this tenn may be
negotiated by the parties as amendments to this lease.
3. Rent. Lessee agrees to pay rent to Lessor in the amount of One Dollar ($1.00) per
year which shall be prepaid for the entire tenn of the lease.
4. Use of Premises. Lessee shall use the property for passive open space. In the event
that Lessee uses the property for any other purpose, this lease shall be automatica11y
tenninated.
5. Improvements to Prooertv. Lessee may make such improvements to the property as
are consistent with its use as open space, such as installing pedestrian paths or benches
or planting landscaping. Lessee shall remove all existing fences around the property
and remove vegetation as necessary. Lessee is also authorized to perfonn necessary
maintenance work on the property. All improvements to the property shall be
approved by the Tiburon Town Council after notice to Lessor. At such time as this
lease may tenninate, Lessee shall not be responsible for removal of any improvements.
6. Construction ofPrivacv Fence. Lessor, at its discretion, may construct a privacy fence
between the property and the houses on Pine Terrace. The cost of constructing and
maintaining such a fence shall be the sole responsibility of Lessor. Any such fence shall
comply with all applicable laws and ordinances of the Town of Tiburon and must
receive design review approval and a building pennit, if such would otherwise be
required. Provided however, that all fees associated with approvals or pennits required
by the Town ofTiburon shall be waived.
7. Hold Harmless. Lessee shall indemnifY, defend and hold harmless Lessor and its
individual members from and against any and all losses, danlages, liabilities, claims,
costs and expenses, including, but not limited to, attorney's fees, arising out of the use
of the property by Lessee or any member of the public.
8. Entire Agreement. This lease constitutes the entire agreement between the parties and
may be modified only by a writing signed by both parties.
9. Notices. Any notices required to be sent to Lessee shall be sent to the Town Manager
at 1505 Tiburon Boulevard, Tiburon, CA 94920. All notices required to be sent to
Lessor shall be sent to the President of the Pine Terrace Homeowners Association.
The name and address of this individual shall be supplied by Lessor to Lessee.
TOWN OF TIBURON
APPROVED AS TO FORM
By
Mayor
By
Ann R. Danforth, Town Attorney
PlNE TERRACE HOMEOWNERS ASSOCIATION
By
JAMES BROOKS, 10 Pine Terrace
By
KIM
, 10 Pine Terrace
By
GAIL SMITH, 20 Pine Terrace
By
DORIS R. DANTES, 25 Pine Terrace
By
WILLIAM J. TIEDJE, 30 Pine Terrace
TOWN OF TIBURON
ST AFF REPORT
To:
::::,:::.~;o::::, C"~~
Winterization of Reed Drainage Diversion Project - Status Report
ITEMNO.R
From:
Subject:
Date:
October 12, 2000
Councilmember Hennessy asked staff to provide an update on the Reed Drainage Diversion
Project, particularly with regards to the winterization of the project. I have had an opportunity to
speak with Ed San Diego and Bob Branz from Belvedere as well as Scott Anderson and Irving
Schwartz Of note is whether the winterization efforts are adequate, and whether they will be
completed timely
Briefly, the project has faced a number oflogistical and scheduling problems. Two items of which
I've been made aware relate to the silt basin adjacent to the Town's Corporation yard, and the
landscaping along Tiburon Boulevard.
Silt Basin
On separate occasions, Council and staff have expressed concerns over the erosion control
measures for the silt basin located on Reed Union School District property and adjacent to the
Town's Corporation Yard. As of the date of this report, alder trees and reeds have been planted
along the banks of the silt basin. By the date of the Town Council meeting, major hydroseeding
should have been comPleted. According to the Belvedere Town Engineer, their consultants have
advised them that such finishes should be adequate for the project. In August, Irving Schwartz
relayed the Town's concerns as to the adequacy of those finishes with the City of Belvedere. A
copy of the correspondence is attached.
Further, when asked about installing rip rap along the bank to better reinforce the silt basin and
surrounding properties, 1 was advised that, even if the change were deemed appropriate, because
it was not a part of the originally approved design, it would have to be reviewed and permitted by
a number of different outside agencies Given this, installation of some type of rip rap would not
likely occur until next year.
Finally, from the yet-to-be-approved minutes of the Joint Tiburon Town Council and Belvedere
City Council meeting from September 13, 2000 (attached), Councilmember Hennessy expressed
concern over the erosion control mitigation measures put into place at that site (e.g., rip rap).
Town Council
October 12, 2000
Page 2 of2
However, no action was taken at the meeting to change the design.
Tiburon Boulevard Landscaping
Last week, I attended the Reed Drainage Diversion Project Joint Landscaping Committee meeting
where Phase I of the project was discussed. This was a follow-up discussion from the Joint
Council meeting. As I learned, the schedule for Phase I landscaping follows:
October 4, 2000
October 19, 2000
October 25, 2000
Month of November, 2000
Bid Documents Issued
Bid Proposals Due
Belvedere City Council awards contract
Construction begins
A part of the Phase I landscaping includes the winterization efforts including hydroseeding of the
berms and the installation of silt fencing by the multi-use pathway. The Phase II landscaping
project will follow once the plans have been reviewed and approved.
Finally, there may be a misunderstanding relating to the date of October 15, 2000, which has been
mentioned throughout this process as a deadline for completing winterization measures. Neither
Belvedere City staff nor Tiburon Town staff has been able to confirm this date in any authorizing
agreements for this project. However, Town policy requires winterization by October 15th for
subdivision and projects that have been issued a building permit with the attached winterization
notice
Statfwill be available to answer any further questions that the Town Council might have
regarding any aspect of the project.
Attachments
J
TOWN OF TIBURON
August 22, 2000
150.5 nSURON BOULEVARD. TIBURON . CALIFORNIA 94920 . (415) 88~-~:OO
F.a}, (41.5; 883-~753
Mr. Bob Branz, City Engineer
City of Belvedere
450 San Rafael Avenue
Belvedere, CA 94920
co~);-
OFFICE OF THE TCWl\f ENGINEER
Ir1'ln, t. S.chwU1%
REC/;"'ifEO
Re:
OCT 1 3 2000
Erosion Conaol At Silt Basin Near TO\\11 COrporaticn Yard
Our File No; 6940-BEL
TOWN MP,NAGERS OFFICE
TOWN OF TlSURON
Dear Bob
I have received a copy of the Miller Pacific Engineering Group report dated August 4,
2000 and your letter to Robert Kleinart, dated Augt;St 2, 2000.
I still remain concerned about the general stablity of the slope of the Silt Basin adjacent
to the TO\\11's Corporation Yard and the potential for bank failure and or erosion. I am
most concerned over the area where the creek bank makes an almost 450 be:Id just
upstream of the Silt Basin where some erosion has occurred in the past.
I trust you pcobablyremember that we raised concern over the steepness of the bank
adjacent to the corporation yard when reviewing t..~e plans as they originally showed tbe
bank being steeper than two horizontal to one vertical. However, the Miller Paciric's
report indicates that a section of the bank approximately fifty (50) feet long is between
two to one and one to one with a portion of the bank vertical to a height of approximately
three (3) feel. I am therefore still concerned about the stability of the bank in view of the
recommendations, especially the suggestion t1:at the vertical bank be stabilized by
Waiting tor silt to build up against it.
I believe that a more substa!ltial method of stabilizing this over-steepend bank IS
warranted in order to protect the Town's facilities.
If you have any questions or desire additional information, please feel free to call on me.
Sincerely,
./
Cc: R. Kleinert, Tony lacopi
COilROSPO.lOB6o;40.beleruaionlrr.c'tx;
Tiburon Council member Hennessy countered by stating that it only cost $92,000 in grant
money (obtained by Councilmember Bach of Tiburon) to landscape the multi-use path
beyond San Rafael Avenue.
Hennessy then raised the issue of whether the mitigation measures were adequate to control
erosion near the Tiburon Corporation Yard. She also wondered whether that area might be
used as a possible wetlands.
Jeri Kuhns, 24 Lagoon Road, said it would be a mistake to spend too much money on the
landscape plan. She suggested replacing the myoporum for density, and not to plant trees.
She said what was needed was screening, and that she, Harvey Rogers and Bill Kuhns had
planted the previous myoporum in the area which had been removed.
Mayor Gram asked Ms. Kuhns how long it took for the myoporum they planted to "fill out."
She replied that they planted them in five-gallon cans, which took three years to fill out.
Diane Lynch ofTiburon concurred that myoporum was fast growing, but said that a diversity
of plans was preferable.
Bill Knick, 44 Lagoon Road, had some questions about the cost of the Wetlands restoration.
City Manager San Diego said the $29,000 was the landscape architect's estimate, which
included plants.
Mr. Knick also wanted to know whether the Wetlands site would overflow. City Engineer
Branz said it would not, and that there would be an oveiilow system like a bathtub.
Finally, Mr. Knick asked if another public forum would be needed to approve landscaping in
the area if the Wetlands restoration was not needed after all. Mr. San Diego said if they
Wetlands were eliminated, the planting would just be extended into that area, based upon the
Councils' (contingent) approval.
City Engineer Branz also noted that the Town of Tiburon had plans to widen the highway in
the vicinity of the Wetlands.
Mayor Gram stated that the Town had planned to put in conduit for undergrounding of
utilities along the path. However, Gram said the conduit would have run into the Wetlands
and therefore, that propo~'ll could not go forward.
JanK-.e Anderson Gram said the Councils should vigorously pursue approvals for both Phase I
and II. She said the area was "a huge community asset," and also suggested there were
alternatives to myoprum. Gram contended that Sunset magazine said myoporum was not the
best choice. Ms. Gram encouraged both Councils to consider the best plan possible.
Bill Kuhns, 24 Lagoon Road, said he liked the (current) plan and said that Phase I should be
agreed upon now.
Joint Belvedere City Counci/;Tiburon Town Council Alinu/es (No, 1199) - September 13, 2000
5
WINTERIZA TION
:;,..
TIBURON
DEPARTMENT
CONDITIONS OF PERMIT APPROVAL
~
REMOVE LOOSE SOIL FROMTHE SITE; ANY UNCOMPACTED SOIL THAT IS
RETAINED FOR BACKFILL MUST BE COVERED WITH PLASTIC SHEETING-
SECURE THE SHEETING SO IT CANNOT BE DISPLACED BY WIND
2. INSTALL A CONTINUOUS ROW OF STAKED HAY BALES POSmONED TO
CONTAIN ALL SOILS AND LOOSE MATERIALS ON THE JOB SITE. INSTALL
A SILT FENCE ON THE IDGH SIDE OF THE HAY BALES AND BURY THE
BOTTOM EDGE
3. IF OFF-STREET TRUCKS DRAG MUD AND GRAVEL ONTO THE STREET,
HAVE IT CLEANED UP IMMEDIATELY
4. INSTALL PERMANENT SITE DRAINAGE AS SOON AS POSSIBLE
5. ONE SIMPLE RULE: DO NOT ALLOW ANYTHING BUT CLEAR WATER TO
ENTER THE STORM DRAIN SYSTEM
The above minimal measures must be in place for the duration of the rainy season (Oct 15-
1); additional measures may be necessary if the season is usually long or exceptionally wet. .
and runoff co~trol is the responsibility of the owner and any emergency cleanup
will be charged to the owner.
*
Printed on recycled paper
CONDITIONS OF PERMIT APPROVAL
SITE MANAGEMENT
TIBURON
DEPARTMENT
1. GATHER ALL DEBRIS AND BROOM SWEEP THE STREET/SIDEWALK DAILY
2. WASH-OUT OF CONCRETE TRUCKS/CHUTES INTO PUBLIC STREETS IS
STRICTLY PROHIBITED. WASH OUT ONLY ON A LEVEL AREA OF THE JOB
SITE WHERE THE CONCRETE CAN DRY AND BE HAULED AWAY
3. WET DOWN THE SOIL & USE SHEETING TO CONTROL DUST- SECURE THE
SHEETING SO IT CANNOT BE DISPLACED BY WIND
4. DO NOT BLOCK THE STREET WITH VEHICLES OR STORED MATERIALS
5. CONSTRUCTION HOUR LIMITATIONS WILL BE STRICTLY ENFORCED
Erosion control measures must remain in place through the rainy
season.-::- all other measures are to be observed year-round.
Failure ~o complywiU result in the following:
.
1. IMMEDIATE STOP WORK ORDER: TO REMAIN IN
,
EFFECT UNTIL THE CONDITION IS CORRECTED
2. $250 PENALTY FOR VIOLATION OF THE CONDITIONS
OF THE PERMIT
*
Printed on recycled paper