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Home My WebLink AboutTC Digest 2008-04-04 T ~ TOWNCO'UNCIL WEEKLY DIGEST Week of March .31 - April 4, 2008 Tiburon 1. Resignation - Al Aguirre from Planning Commission 2. Letter - Ann Danforth - Garay v. Town of Tiburon 3. Memo - Nicholas Nguyen - Grant from Non-Motorized Trans. Pilot Program 4. Letter - Peggy Curran - Condition of Road Surface - Cecelia Way 5. Letter - MCBC - Tiburon BPAC Master Plan Update - Comments Agendas & Minutes 6. Minutes - Design Review Board - 3/20/08 7. Meeting Cancellation - POSC - 4/8/08 8. Agenda - Planning Commission - 4/9/08 Regional a) Invitation - Easter Seals 8th Annual Day on the Bay - 7/19/08 * b) On-line Analytic Report - T ASER Officer Safety Program * c) Seminar - Land Use & Climate Change - 6/16 - 6/17/08 * d) Invitation - Zero Breast Cancer - 9th Annual Dinner - 5/8/08 * e) Invitation - 40th Anniversary Dinner - EAH - 5/2/08 * f) Western City - April 2008 * g) Invitation - LCC Legislative Action Days - 4/16/08 Agendas & Minutes h) Agenda - Marin POSC - 4/3/08 i) Agenda - Marin Board of Supervisors - 4/8/08 * Council Only From: AI Aguirre [alaguirre@comcast.net] Sent: Monday, March 31,2008 10:09 AM To: Peggy Curran Cc: Scott Anderson; Dan Watrous; aIlPC; Connie Cashman; Diane Crane lacopi Subject: Resignation Page 1 of1 l DIGEST ......lD)m.....~.......~.........~............n.........w..........~...... ....fm mJ MAR 3 1 2008 ill) Diane Crane lacopi TOWN CLERK TOWN OF TIBURON Dear Peggy, This is to inform you that I am resigning from my position on the Tiburon Planning Commission. I have thoroughly enjoyed my time on the commission and am deeply thankful for having the opportunity to serve with such wonderful staff and with my fellow commissioners. Warm regards, AI Aguirre 3/31/2008 DIGEST Town ofTIburon. 1505 TIburon Boulevard. TIburon, CA 94920. P. 415.435.7373 E 415.435.2438 · www.ci.tiburon.ca.us Office of the Town Attorney (415) 435-7370 April 3, 2008 VIA FACSIMILE (510-524-8763) AND U.S. MAIL John H. Dresslar, Esq. 1563 Solano Avenue, Suite 543 Berkeley, CA 94707 RE: Garayv. Town ofTiburon Marin Superior Court No. CV 075196 Dear Mr. Dresslar: I am in receipt of your letter of April 2, 2008, requesting a continuance of last night's hearing. I must take issue with the stated factual basis for this request. Mr. and Mrs. Garay's June 1, 2007 application requested that the Town approve an increase in height of certain stone panels, to screen the light shrouds that covered the skylights behind the panels. As noted in your verified Petition for Writ of Mandate and Complaint, the application did not include removal of the shrouds. Staff granted that application, including, at the applicants' request, a condition that the screened shrouds could be removed. The Garays' neighbors successfully appealed this decision, resulting in your clients' lawsuit. In settling that lawsuit, the Town Council agreed to hold its own hearing on the merits of the June 7, 2007 application. See our agreement dated February 5, 2008. The Council did not agree to consider any other design modifications. Yesterday afternoon, Mr. Garay informed staff for the first time that he wanted tonight's hearing to address not only the panels' height, but removal of both the shrouds behind the panels and the skylight shrouds on the east side of the home. I understand Mr. Garay's interest in using his time before the Council efficiently, but economy does not warrant the wholesale disregard of Town process. Staffhas not had time to analyze the possible effects of removing the additional shrouds, nor has the Design Review Board been given the opportunity to use its considerable expertise on that issue. 2.. t<c _~...."ti\"" f~. .".'11"' Mr. John H. Dresslar April 3, 2008 Page 2 of2 A second reason given for your continuance request is Council member Berger's being recused "without explanation." Mr. Dressler, I fully explained that action to you. Due process requires a reasonably impartial, non.,.involved decision maker for quasi-judicial actions, such as the one before the Council process. Having given his views on the application at the Design Review Board meeting, Mr. Berger's participation in the Council proceedings would give rise to due process issues that are in no one's best interest, least of all the Garays. See, e.g., Nasha v. City of Los Angeles (2005) 125 Cal. App 4th 270. His abstention was not a basis for delaying the hearing. You note correctly that you have previously consented to continue the hearing date. However, I point out that I requested the delay well in advance, not a mere few hours. We could, of course, have proceeded with the hearing in the Garays' absence; the Council's decision on the application would have discharged the Town's obligations under the settlement agreement, disposing of the subject litigation. However, as a public agency, we are motivated by more than legal expediency. The Mayor would prefer to have the Garays present when the Council hears the matter and wants to be sure that he and the other three Council members that will hear the matter have seen the house at night, fully illuminated. Accordingly, I will ask planning staff to arrange a time and date when the house may be fully illuminated, with the four Council members present to view the roof from Fred and Casey Hannahs' property. The Council will use it's discretion to determine the scope of issues that they can resolve with the information available to them. The Council continued the item to their April 16, 2007. I cannot guarantee that we will be able to bring the matter back on that date. If we are unable to have the matter ready of the 16th, the next possible date would be May 21 st. Yours truly, ~~c:r--- Ann R. Danforth Town Attorney, Town of Tiburon cc: Town Council Litigation Subconnnittee Margaret A. Curran, Town Manager Scott Anderson, Community Development Director Dan Watrous, Planning Manager Laurie Tyler, Associate Planner Town of Tiburon MEMORANDUM TO: Peggy Curran FROM: Nicholas Nguyen ~ CC: Scott Anderson, Scott Phillips DIGEST J. . I . Of~v. ~ .~ ",,-f'o ~(~.3~. ~. ... 'i~ 9~l ~~~~~ <~~~~Y-.: .~ O~';v,A1~C . T . SUBJECT: Award of Grant From the Non-Motorized Transportation Pilot Program DATE: April 4, 2008 Last year, Marin County was awarded a $25,000,000 federal grant from the Non-Motorized Transportation Pilot Program. The County was only one of four metropolitan areas in the nation that received this opportunity. After lobbying the County over the past year at various meetings and recent submittal of a robust application for funding (with assistance from Scott Phillips in Community Development), I am pleased to inform you that the Town was successful at winning $350,000 of grant money from the Prog ram. The Community Development Department had approximately eight proposed locations for improvement of paths, lanes, and steps. Knowing that we couldn't possibly get the money to fund all locations, I selected four locations that I thought had the best chances (e.g. established right of way, ease of construction, easier accessibility) to rate well. These 4 locations amounted to an application for $500,000. We were awarded $350,000. - Lower Racoon Lane from Centro West to Mar West: $100,000 - Cayford Drive between Cecelia Way and South ridge Drive: $90,000 - Jefferson steps from Jefferson Drive to Reed Ranch Road: $160,000 Scott Phillips and I will work together and pursue this project into construction. [.'~.. ~.?t" r.')lO!O!I . ~;. ,n'~ ,~_, ' "irk ~~~ Town ofTIburon. 15051iburon Boulevard. TIburon, CA 94920 · P. 415.435.7373 F. 415.435.2438 · www.ci.tiburon.ca.us April 2, 2008 Derrick Schoening 30 Andrew Drive, #122 Tiburon, CA 94920 Dear Mr. Schoening: I received your letter a few weeks ago concerning the condition of Cecelia Way. I am happy to report to you that I expect the stretch of Cecelia Way between Tiburon Boulevard and Janet Way to be among the streets resurfaced in this next fiscal year (July 2008 to June 2009). Thanks for letting us know of your concerns. Best regards, p~~r~ Town Manager Cc: Jeff Slavitz, Mayor Nicolas Nguyen, Director of Public Works "I. MCBC MARIN. COUNTY BICYCLE COALITION . www.lnat".bil<e 0'& P.O. Box 1115 Fairfax. CA 94978 voice (415) 456-3469 fax (415) 456-9344 www.marinbike.org Board of Directors Jerry Edelbrock, President Blair Peterson, Vice President Don Magdanz. Secretary Julia Violich, Treasurer Maureen Gaffney John Goggin Stephen Hesson Scott Klimo Vince 0' Brien Alexander Price Tom Woolley Advisory Board Mark Birnbaum Joe Breeze Tom Hale Deb Hubsmith Jim Jacobsen Patrick Seidler Staff Kim Baenisch Executive Director Jo Ann Richards Membership and Outreach Coordinotor Bob Trigg AdministrolDr Deb Hubsmith Advocacy Director David Hoffman Director of PIoming Andy Peri Advocacy Outreach Coordinator Wendi Kallins Sofe Routes to Schools Director laura Kelly Sofe Routes Project Coorrfnotor Aviva Joseph Sofe Routes Teen CoordilCltor Frances E. Barbour Sofe Routes Teacher Heather Crawford Sofe Routes Assistant instructor March 27, 2008 D\GEST 5: fD) [g.@[O V ~ ,.~.r)., ' [Jl) t'1AR 2 8 2008 ~l~ Nicholas Nguyen, Director of Public Works/Town Engineer Tiburon Bicycle and Pedestrian Advisory Committee Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 DIRECTOrt c: 'J,.'=" ~ '.)F\;.~S TOVifi"; G:~ Ti;.,;,.,....,;~ Re: Tiburon Bicycle and Pedestrian Master Plan Update - Comments from MCBC Dear Mr. Nguyen, and Tiburon BPAC, Tiburon's Bicycle and Pedestrian Master Plan is updated once every five years. Input from the BP AC helps to shape this important document that will guide planning and implementation of pedestrian and bicycle facilities, as well as non-motorized safety improvements to other roadway project. Funding for bicycle and pedestrian improvements hinges on the existence and content of this document. Additionally, the Bicycle and Pedestrian Master Plan should be referenced by the Tiburon General Plan, and serves to inform the Planning Commission, T owri Council, and Department of Public Works regarding pedestrian and bicycle needs and priorities. The Marin County Bicycle Coalition (MCBC) thanks you and the Tiburon BP AC for your time and effort in updating the Bicycle and Pedestrian Master Plan. We respectfully request that the BP AC consider the policies listed in the remainder of this letter and ask that they be included in the Tiburon Bicycle and Pedestrian Master Plan Update if they are not already part of the existing or forthcoming document. Regular Maintenance of Bicycle Facilities Regular maintenance of bicycle facilities is a critical component that helps to ensure a safe and accessible environment for bicyclists and pedestrians once a facility has been constructed. Bicyclists are at greater risk for injury if a facility has not been properly maintained. MCBC believes that the following should be included as requirements for every existing and future bicycle and/or pedestrian facility: · Regular sweeping of debris from the roadway or path surface · Regular inspections and repair of the road or path surface for cracks and/or potholes · Regular removal of vegetation near the side of the roadway which impinges on bicyclists' right-of-way, thus forcing them out in to traffic · Require that an alternate route be clearly signed and communicated prior to the start of any roadway rehabilitation project along any established bicycle route that will require a detour. A Town policy should also require that the alternate bicycle route be safe and accessible for bicyclists to use while the regular route is under construction. For example, vegetation should be cleared from the side of the roadway on the alternate route before work commences on the regular route and if the alternative route is narrow, warning signs should be installed to notify motorists that more bicyclists will be using the alternative route Promotinj!; Safe Bicyclinj!; for Everyday Transportation and Recreation · Ensure that when a road with bicycle facilities is being rehabilitated (such as repaving or a slurry seal) that all appropriate markings for the bicycle facility be replaced (or added) simultaneously. · When remarking a Class II facility (bike lane), facilities should meet all codes as defined by both Caltrans Chapter 1000 and the Manual of Uniform Traffic Control Devices (MUTCD), including that the dividing line between motor vehicle traffic and the bike lane be at least six inches wide. . A regular schedule of facility inspection and maintenance should be made available to the public via the Town's website, listing any detours that might be necessary. Traffic Calming Traffic calming helps create a safer, more inviting environment for cyclists and pedestrians. As most roads are designed for higher speeds of travel than is either posted or regularly enforced, motor vehicle traffic tends to move at potentially fatal speeds for both bicyclists and pedestrians. Traffic calming components should also be considered as part of any rehabilitation or new road project. The Transportation Authority of Marin has a new Pedestrian Toolkit that includes various techniques; some examples of traffic calming include: · Crosswalk narrowing via pedestrian bulb-outs · Planting of trees and greenery in road median or along side of road · Speed tables · Narrowing of lanes · Pavement markings reinforcing speed limits · Pavement marking for "sharrows" (shared lane markings) and bike lanes · Closure of certain areas to motor vehicle thru-traffic, but allowing bicyclists and pedestrians to pass We urge the Tiburon BP AC to recommend a system of streets for traffic calming and to greatly expand on the text noted in this section with the information described above and in the TAM Toolkit. Inclusion of Complete Streets Resolution We respectfully ask that the Town of Tiburon adopt a complete streets resolution at the same time that the Bicycle and Pedestrian Master Plan update is adopted. The complete streets resolution will help to ensure that Tiburon's roads are safe and accessible to all users, including bicyclists, pedestrians, the disabled, and transit users. Sample language for the Complete Streets resolution is attached for consideration at the same time as the Bicycle and Pedestrian Master Plan Update. To date, four Bicycle and Pedestrian Master Plans have been updated (including the County Unincorporated Area) - all four municipalities have either adopted a Complete Streets policy within the updated plan, or as a separate Resolution by Town Council at the same time which the Bicycle and Pedestrian Master Plan Update has been adopted. Sample language is included at the end of this letter for your consideration. Share the Road Signs We recommend that the BP AC consider recommending "Share the Road" signs on Class III bike routes and in other locations where there may be fast moving traffic and narrow right-of-way. Wayfmding kiosks with maps of the County Bicycle Guide Sign System should also be placed in strategic locations. The Share the Road signs will compliment the County Guide Sign System, helping to convey a safe and accessible route for bicyclists who travel through the Town of Tiburon. Parking Unfortunately, many automobile drivers currently park one side of their wheels on sidewalks throughout the Town of Tiburon. This makes it difficult for pedestrians, including people in wheelchairs and parents with baby strollers, to use the sidewalk. We respectfully request that the Bicycle and Pedestrian Master Plan update reinforce that parking on sidewalks is illegal, and that law enforcement monitor the situation and ticket as necessary. Safe Routes to School The Transportation Authority of Marin's Safe Routes to School program is creating recommendations for school travel plans. We request that all school travel plans come before the Town Council for adoption, and that those plan that are adopted be included by reference into this Bicycle and Pedestrian Master Plan update. Retention of BPAC MCBC has found that municipalities with BPACs that meet on a regular basis tend to have better and safer conditions for bicyclists. This may be due to several factors, including: dedicated volunteers who can alert the Town to unsafe conditions, regular input from BP AC members on facility design and the needs of cyclists for upcoming projects, and/or a forum where ideas and concepts may be vetted with "everyday" bicyclists before being brought to a larger audience. Please consider adding language to your Master Plan indicating that the BP AC will meet on a regular basis. More information MCBC encourages the Tiburon BP AC to get in touch with us for more information or additional details on the policy elements which we have listed above for inclusion in the Bicycle and Pedestrian Master Plan Update. Please contact David Hoffman, Director of Planning with any questions or concerns: Telephone: (415) 456-3469 x4# FAX: (415) 456-9344 Email: david@marinbike.org Mailing address: P.O. Box 1115, Tiburon, CA 94978 Office address: 733 Center Boulevard, Tiburon, CA 94930 Thank you for your time and consideration, we look forward to working with you and the Tiburon BP AC to ensure that the Bicycle and Pedestrian Master Plan Update is strong, complete, and adequately addresses safe and accessible bicycling and walking in the Town of Tiburon. Respectfully, #~.- David Hoffman, Director of Planning Marin County Bicycle Coalition TOWN COUNCIL OF THE TOWN OF TIBURON RESOLUTION NO. RESOLUTION DIRECTING STAFF TO CONSIDER AND INCLUDE COMPLETE STREETS TRANSPORTATION ELEMENTS IN DEVELOPMENT AND CAPTIAL IMPROVEMENT PROJECTS WITlllN THE TOWN OF TIBURON WHEREAS, The Town of Tiburon acknowledges the benefits and value of reducing vehicular modes of travel and replacement with other modes of travel such as public transit, walking and bicycling; and . WHEREAS, the Town of Tiburon recognizes that Complete Streets, which serve the needs of pedestrians, bicyclists, transit users, the disabled and automobile users generally provide for the safest travel conditions and the best use of tax payer dollars; and WHEREAS, the Town of Tiburon has developed a bicycle and pedestrian master plan which describes projects, policies and a network of desired non-motopzed improvements; and WHEREAS, Town staff is responsible for ensuring the installations of improvements for all modes of travel through the review of private development and capital improvement projects; NOW, THERFORE, LET IT BE RESOLVED that the Town Council of the Town of Tiburon directs its staff to consider the installation of Complete Streets transportation elements in each capital project and development project in the Town of Tiburon and to implement the installation of those improvements with the framework of its Code, General Plan and Bicycle and Pedestrian Master Plan. '-. MINUTES #4 TIBURON DESIGN REVEW BOARD MEETING OF MARCH 20, 2008 b/Q ~~~ The meeting was opened at 7:00 p.m. by Chair Doyle. A. ROLL CALL Present: Chair Doyle, Boardmembers Corcoran and Glassner Absent: None Ex-Officio: Planning Manager Watrous B. PUBLIC COMMENTS - None C. STAFF BRIEFING Planning Manager Watrous stated that new Boardmember Bryan Chong had not yet been sworn in and has a conflict of interest with both items on the agenda but will be present at the next meeting. He reported that the Town Council had partially granted the appeal on 275 Diviso Street and required the clerestory tower be shrunk down and eliminate the clear story windows in the front and right hand side. D. ELECTION OF VICE-CHAIR ACTION: It was MIS (Corcoran/Doyle) to nominate and elect Boardmember Glassner as Vice- Chair. Vote: 3-0 E. CONSENT CALENDAR 1. 84 MAIN STREET ZELINSKY PROPERTIES, SIGN PERMIT An application has been submitted for the installation of two signs for the purpose of advertising a business located at 84 Main Street. The subject signs would be hung on the outside of the business along Ark Rowand on the parking lot side of the building. The signs would be comprised of a painted wood background with lettering spelling "Prima Palate." The color of the sign would be metallic gold letters on a deep mahogany brown background. Brooke Tognazzini, applicant, described the proposed signs and said the width of the store frontage is actually 21 feet and not 9 feet as indicated in the staff report, so the total area of the proposed two signs would not exceed the requirement for sign area. There was no public comment. TIBURON D.R.B. MINUTES #4 3/20/08 5 Vice-Chair Glassner stated that he appreciated that the signs would be consistent with others along Ark Rowand other wooden signs in downtown. Boardmember Corcoran noted that the staff report suggested a border be added to the signs to improve the aesthetic quality and encouraged the applicant to consider a border, but did not feel that it should be required. ACTION: It was MIS (Corcoran/Glassner) that the project is exempt from the provisions of the California Environmental Quality Act and approving the project with the attached conditions of approval. Vote: 3-0. F. OLD BUSINESS BEFORE THE BOARD 2. 85 EAST VIEW AVE. AREA EXCEPTION HOPPE NEW DWELLINGN ARIANCES/FLOOR 85 EAST VIEW AVENUE LOT SIZE FLOOR AREA LOT COVERAGE BUILDING HEIGHT SIDE YARDS FRONT YARD REAR YARD V ARIANCES/EXCEPTION SCOTT HOPPE EXISTING PROPOSED REQUIRED 2,520 S.F. NA NA NA 2,450 882 MAX NA 54.9% 30.0% MAX NA 42' 30' MAX NA 3' & 5' 8' NA 6" 15' NA 13' 13' REDUCED FRONT AND SIDE YARD SETBACKS, EXCESS LOT COVERAGE, EXCESS BUILDING HEIGHT AND FLOOR AREA EXCEPTION An application has been submitted for the construction of a new single-family dwelling on a vacant lot at 85 East View Avenue. The previous project design for a five-story home included requests for variances for reduced front, side and rear yard setbacks, excess lot coverage and excess building height, along with a floor area exception and was reviewed at the October 4, 2007 Design Review Board meeting. At that time, several neighboring property owners objected to the overall size of the proposed house, stating that the design was inconsistent with the character of other homes on Corinthian Island and could result in view impacts for nearby residences. The Design Review Board echoed many of these concerns, particularly with the overall floor area and mass and bulk of the house. The application was continued to allow the applicant time to address these concerns. A revised house design has now been submitted which would now have four levels and would not require a variance for reduced rear yard setback. The floor area of the proposed house has been reduced from 3,377 square feet (134.0%) to 2,450 square feet (97.2%), and the lot coverage has been reduced from 1,584 square feet (62.9%) to 1,384 square feet (54.9%) of the site. TIBURON D.R.B. MINUTES #4 3/20/08 5 Edgar Ross, representing the architect, described the revised house design. He presented colored renderings and agreed with the summary of the project in the staff report. The public hearing was opened. Jan Matas voiced opposition due to the height and bulk of the house which they believe will block their view of Ark Row, create shadows on Ark Rowand be incompatible with the neighborhood. She said that most of the other homes on Corinthian Island have much lower floor area ratios. She objected to the placement of the garage only 6 inches from the road and only 17 feet from the fa9ade of their house. She felt that the redesigned house was moving in the right direction but asked that its bulk, mass and height be further reduced. Camille Bosworth said that while she appreciated the reduction in the scale of the house, she believed it was just a beginning step. She felt that the house was still too bulky for the lot and voiced concerns with possible light impacts. Scott Hoppe, owner, said that it appears that the Matas' line of sight to Ark Row is already obscured by existing vegetation and he believed that their view across the site would be construed as a borrowed view. He said that when standing directly below the story poles on the sidewalk, one can see the outline of Corinthian Island and the story poles under the horizon of the trees, so the house would not block light for Ark Row. He said that other home sizes on Corinthian Island are generally in the mid-2,000 square foot range, with little or no relationship between the size of the lots and the size of the houses. Vice-Chair Glassner asked about the type of glass to be used for the home. Mr. Hoppe stated that the window glass would not be highly reflective and that drapes would be used to address any pnvacy concerns. Vice-Chair Glassner requested an explanation of excavation for the project and construction staging of the home. Mr. Hoppe stated that the amount of material excavated for the former design was approximately twice the amount as what is currently proposed and that the construction staging area will be placed at the bottom of the site. Boardmember Corcoran referred to the mechanical lift for the garage. Mr. Hoppe said that for safety reasons, the lift will only operate with the garage door closed. Planning Manager Watrous said that he discussed such lifts with the Building Official who said the lifts are very quiet, with no noise noticeable from outside the building. The public hearing was closed. Vice-Chair Glassner believed that the design of the house had changed extensively and a lot of consideration had been given to the Board's recommendations, including the architecture and materials. He stated that the site would be well-utilized and that there was some precedent for a floor area ratio of this magnitude, adding that the owner was within his rights to a reasonable floor area for this property. He said that this was an efficient design with excavation into the TIBURON D.R.B. MINUTES #4 3/20/08 5 back of the lot and would be a beautiful home. He said that there might be an opportunity for additional excavation to alleviate some of the neighbors' concerns, however, given the changes made and the home's superior design, he supported the application. Boardmember Corcoran said that it would be asking a lot to require more excavation, which would make it a much more expensive project. He believed the design was much better and less obtrusive and noticeable. He supported the modern design, stating that the house could not be made into something that looked like the buildings on Ark Row. He said that the Matas' views looked mostly at the hillsides and Old Tiburon, with Ark Row much lower in their view. He said that the applicants had done a good job of cutting back the size of the house and that this was a difficult lot to build upon, especially if they have to comply with the zoning regulations. He noted that Corinthian Island is a tight living space area where residents give up normal setbacks to live there. Chair Doyle said that last house design felt more urban with a lot less stone and glass and jutted out onto the road below. He said that the house design would not gain anything by stepping more into the hillside, as this would just move the house closer to the street. He visited the neighborhood above and felt that there was not more that could be done to make the house smaller. He did not feel that the house could be built in accordance with the applicable regulations. He appreciated that the mix of exterior materials and said that what has been done with the design is the best it can be. He did not believe that a 2,400 square feet structure was a huge house. Boardmember Corcoran felt that the design was an improvement and that the last house seemed like a stilt house supported by garages. He said that the house would be more visible from below and that the design was better with the garage on top. Chair Doyle believed that the use of materials would break up the overall mass and that the Board should not penalize someone because of the lot configuration. He felt that the applicant has done everything the Board has asked them to do with the design. He noted that there were other comparably sized homes in the vicinity. He said that the house would not really block any views and the glass would reflect the surrounding materials. Boardmember Corcoran said that he was sympathetic to light concerns, but noted that the trees west of the applicant's property contribute to the lack of sunlight. Chair Doyle noted the Fire District has required that no improvements extend into the right-of- way, fire resistive vegetation be planted adjacent to the house and an alternative means for firefighter access be provided for this four-story building, but said that this can be resolved through the building plan check process. Mr. Hoppe also noted that their landscape architect will work with the Fire District to replace the bamboo which has been proposed. ACTION: It was MIS (Glassner/Corcoran) that the project is exempt from the provisions of the California Environmental Quality Act and approving the project with the attached conditions of approval. Vote: 3 -0. TIBURON D.R.B. MINUTES #4 3/20/08 5 G. APPROVAL OF MINUTES #3 OF THE 3/6/08 DESIGN REVIEW BOARD MEETING ACTION: It was MIS (Corcoran/Glassner) to approve the minutes of the March 6,2008 Design Review Board meeting. Vote: 3 -0. H. ADJOURNMENT The meeting was adjourned at 7:45 p.m. TIBURON D.R.B. MINUTES #4 3/20/08 5 DIGEST ,. TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Planning Commission April 9, 2008 - 7:30 PM AGENDA TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL Chairman O'Donnell, Commission Fraser, Commissioner Frymier, Commissioner Kunzweiler ELECTION OF VICE CHAIR ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please not that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration andlor placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) Minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report PUBLIC HEARING 1. 426 GREENWOOD BEACH ROAD: CONDITIONAL USE PERMIT PERMIT TO CONSTRUCT A DOCK AND FLOAT AND TO LEGALIZE AN EXISTING PIER AND SEA WALL; FILE #10803; Nicky Hall, Owner/Applicant; Assessor's Parcel No. 055-121-33 CONTINUED TO APRIL 23, 2008 [DW] 2. 7 WILKINS COURT: AMENDMENT TO PLANNED DEVELOPMENT #19 (7 & 9 WILKINS COURT) TO MODIFY A BUILDING ENVELOPE AND CREATE A LANDSCAPE ENVELOPE; FILE #30801; Quentin Keith Hills, Owner; Ruschmeyer & Associates, Applicant; Assessor's Parcel No. 039-070-32 [SP] Tiburon Planning Commission Agenda April 9, 2008 Page 1 3. TOWN-INITIATED TEXT AMENDMENTS TO TIBURON MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) TO DELETE REFERENCES TO THE PARKS AND OPEN SPACE COMMISSION CONTAINED IN SECTIONS 16- 3.7.1, 16-3.7.2, 16-3.7.3, AND 16-3.7.4; FILE #MCA 2008-11 [DW] MINUTES 4. PLANNING COMMISSION MINUTES - Regular Meeting of March 26,2008 ADJOURNMENT Future Agenda Items Green Building Program (April 23) Draft Capital Improvement Budget Review (May 14) 1600 Mar West Street, Review of Conditional Use Permit (May 28) a040908 Tiburon Planning Commission Agenda April 9, 2008 Page 2 DIGEST 1. L E j\ G lJ E U r C/Ii.l H)R'<::\ CITIES Please join the North Bay and Redzuood Empire Divisions For a Luncheon and Legislative Briefing Legislative Action Days Wednesday, April 16, 2008 12:15 p.m. Lucca Restaurant 1111 J Street, Sacramento - $30 per person Please send an R.s.V.P. with entree selection to Mary Creasey (916) 658-8243/ mcreasey@cacities.org (reservation form attached) Menu Chop Salad/Soup of the Day Chicken Caesar Salad Penne Pasta Seasonal Fruit Cobbler 1:30 1. 1:30 2. 1:32 2. 1:35 3. 1:50 4. 1:55 5. 2:25 6. 2:45 7. 3:00 8. 3:15 9. 3:30 10. 4:00 12. DIGEST j. MARIN COUNTY PARKS AND OPEN SPACE COMMISSION April 3, 2008 at 1 :30 p.m. Marin Civic Center, Planning Chambers, Room 328 RECEIVED MAR 3 oj 2008 AGENDA TOWN MANAGERS OFFICE TOWN OF TIBURON Agenda items will be heard at the time specified or later, depending on the progress of the meeting. CALL TO ORDER ADJOURN IN HONOR FORMER COMMISSIONER STANLEY GOBBIN Commissioner Colbert requesting that the Commission adjourn in memory of Stanley Gobbin APPROVAL OF MINUTES OF THE MEETING OF MARCH 6, 2008 (Action Item) DIRECTOR'S REPORT (Information) PUBLIC COMMENT Open time for public expression, up to three minutes per speaker, on items not on the Parks and Open Space Commission Agenda. Items will be heard by the Commission without return comment. Testimony regarding matters not on the agenda will not be considered part of the administrative record. OPEN SPACE VEGETATION MAPPING PRESENTATION (Information Item) STRATEGIC PLAN UPDATE (Information Item) TRAIL NAMING REQUEST (Action Item) PARK AND OPEN SPACE COMMISSION DRAFT 2008-2009 WORKPLAN (Action Item) PARK AND OPEN SPACE COMMISSION 2008 CALENDAR (Action Item) COMMISSIONER COMMENTS Commissioners may speak briefly about items of interest to the Commission that do not appear on the agenda. No action may be may be taken on any items. ADJOURN ~ UI i.r~ ~t ri i..... i_ ~--- In accordance with the Americans with Disabilities Act, if you need special assistance (i.e. auxiliary aids or services) in order to participate in this public meeting, please contact the Senior Secretary of the Department of Parks and Open S ace b callin 415 499-6387 voice or 415 499-6172 TTY at least five business da s rior to the meetin The agenda is available on the Internet at: http://www.co.marin.ca.us/depts/PKlmain/pos/aaenda.cfm PARKS AND OPEN SPACE COMMISSION AGENDA FOR APRIL 3, 2008 MEETING '- AGENDA FOR MARIN COUNTY BOARD OF SUPERVISORS MARIN COUNTY OPEN SPACE DISTRICT BOARD OF DIRECTORS Ar OIG~ -.:8.,. Agenda items will be heard at the time specified or later, depending on the progress of the meeting. AGENDA RECEIVED APR - 4 2008 Tuesday, April 8, 2008 Board of Supervisors Chambers, Room 330, Civic Center TOWN MANAGERS OFFICE TOWN OF TIBURON 10:00 a.m. 1. Board of Supervisors' matters. 2. Administrator's report. 3. Open time for public expression, up to three minutes per speaker, on items not on the Board of Supervisors' agenda. 4. Consent Calendar A (Items CA-1 through CA-5) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) 5. Consent Calendar B (Item CB-1) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) 6. Supervisor McGlashan requesting resolution proclaiming the week of April 7-13, 2008, as "Public Health Week." 7. Request from the Community Development Agency to award certificates to 17 newly certified Marin Green Busines~es. Recommended action: Approve. 8. Status report from the Health and Human Services Director on the implementation of the clean needle and syringe exchange project. Recommended action: Accept report. ~ fI ,.,. ..... .... ..... - ~ JI All County public meetings are conducted in accessible locations. If you require American Sign Language interpreters, assistive listening devices or other accommodations to participate in this meeting, these may be requested by calling (415) 499-7331 (voice) or (415) 499-6172 (TTY) at least 72 hours in advance. Copies of documents used in this meeting are available in accessible formats upon written request. The agenda is available on the Internet at htto:/Iwww.co.marin.ca.us/efiles/BS/AaMn/cvbaanda.htm The Board meeting is broadcast live over the Internet at htto:/Iwww.co.marin.ca.us/deots/BS/Archive/Meetinas.cfm A copy of the agenda will be faxed upon request by dialing (415)-499-6060 and entering "181" after the brief introductory message. 9. Hearing: Request from the Community Development Agency to conduct a public hearing for comment on proposed amendments to the Consolidated Plan for the Community Development Block Grant ("CDBG") Program. Recommended actions: Conduct a public hearing and consider approving amendments to the Consolidated Plan to reallocate $100,000 in CDBG funds from the Gates Cooperative to The Next Key and to allocate $44,863.17 in Full Circle Elm Road Group Home CDBG program income to The Next Key. 10. First Reading: Ordinance amending Chapter 6.90 of the Marin County Code extending existing restrictions upon the use of Bolinas Beach for camping during weekends. Recommended actions: Request clerk to read ordinance by title only and schedule merit hearing for April 22, 2008, at 11 :45 a.m. 11 . Appointments: County Service Area ("CSA") #18 - Las Gallinas One vacancy. An application has been received from Nanni Wurl. Recommended action: Make appointment. Recess as the Board of Supervisors 11 :15 a.m. Convene as the Marin County Open Space District Board of Directors 12a. Approval of minutes of the meetings of March 11 and 18, 2008. 12b. Board of Directors' matters. 12c. Open time for public expression, up to three minutes per speaker, on items not on the Open Space District Agenda. 12d. General Manager's report. 12e. Request to accept donations, totaling $65,000, from the Bolinas Lagoon Foundation, as detailed in staff report dated April 8, 2008. Recommended actions: (i) Accept $40,000 from the Bolinas Lagoon Foundation and $25,000 from the Seadrift Association; and (ii) approve related budget actions as detailed in staff report dated April 8, 2008. (Four affirmative votes required.) 12f. Request to approve land exchange with Kirsteen Knight and John Champie, to resolve an encroachment affecting the Gary Giacomini Open Space Preserve. Recommended actions: (i) Adopt resolution authorizing execution of property exchange agreement; (ii) authorize President to execute Certificate of Acceptance of Grant of Interest in Real Property to receive Quitclaim Deed from Kirsteen Knight and JohnChampie; and (iii) authorize President execute Quitclaim Deed granting District property to Kirsteen Knight and John Champie. Marin County BOS Agenda 2 4/08/2008 12g. Request to approve award of Invitation For Bid ("IFB") #2479, as detailed in staff report dated April 8, 2008, to Albany Ford of Albany, CA, and Novato Ford of Novato, CA, in the total amount of $120,892.36, for the purchase of four (4) trucks for the Marin County Open Space District. Recommended action: Approve. 12h. Authorize President to execute Permit to Enter and Construct agreement with the Marinwood Community Services District ("CSD") to allow access through the Pacheco Valle Open Space Preserve for repair work on the Ponti Fire Road. Recommended action: Approve. 12i. Authorize President to execute Notice of Extension of Easement Rights for temporary access easements on Manzanita Fire Road, Forest Knolls. (APN 169- 331-15) Recommended action: Approve. Adiourn as the Marin County Open Space District Board of Directors Reconvene as the Board of Supervisors 13. Closed Session: Instructions to Labor Negotiator (Human Resources Director) regarding Teamsters Deputy District Attorneys' bargaining unit, pursuant to Government Code 54957.6. Reconvene in Open Session Announcement from Closed Session. 2:00 p.m. 14. Hearing: San Geronimo Valley Planning Group Appeal of the Planning Commission's approval of the Summit Drive Land Division and Precise Development Plan. Summit Drive, Woodacre (APN 172-360-59) Recommended actions: (a) Review the administrative record; (b) conduct public hearing; and (c) make decision on appeal. * * * * * * * * * * * * * * * * * * * * * * CONSENT CALENDAR A (Items CA-1 throuah CA-5) ("Consent Calendar A" reflects those agenda items that have prior policy approval from the Board.) CA-1. Board of Supervisors: Appointments: Request to schedule the following appointments for May 6, 2008: a. Bel Marin Keys Planning Advisory Board: Two term expirations (Robert Forsyth and Terry Molloy, incumbents). b. Child Care Commission: Two vacancies due to the resignations of Whitney Hoyt (Marin City representative) and Mark Olson (Provider representative). Marin County BOS Agenda 3 4/08/2008 CA-2. CA-3. CA-4. CA-5. c. County Service Area ("CSA") #16 - Greenbrae: Two term expirations (Ron Goldman and Tim Pidgeon, incumbents). d. Disaster Council: One term expiration representing the Marin Economic Commission (Marilee Eckert, incumbent). Community Development AQencv: a. Authorize President to execute amendment to the Community Development Block Grant ("CDBG") program agreement with Homeward Bound of Marin, increasing the contract by $452,313.74 for a total contract amount of $639,712.74, for development of Next Key transitional housing. b. Authorize President to execute amendment to the Community Development Block Grant ("CDBG") Program agreement with Fair Housing of Marin, increasing the contract by $41,400 for a total contract amount of $264,800, to be used for fair housing counseling and education. Parks: Request to adopt Resolution No. 2008- establishing the Bolinas Lagoon Technical Advisory Committee as a Board-appointed advisory committee. Public Works: a. Request to adopt Resolution No. 2008- approving the plan for use of $2,952,350.77 State Proposition 1 B transportation funds for construction of the 2008 Road Rehabilitation Projects and authorizing the Public Works Director to submit the plan to the California Department of Finance. b. Request to take the following actions related to the Civic Center Tenant Improvement Room 258 Project: (i) award contract to lowest responsible bidder, Mysin Custom Homes of West Sacramento, CA, for the base bid amount of $159,800; (ii) authorize a contract contingency of $17,000; and (iii) authorize additional construction funds to cover permit fees and testing in the amount of $8,200 for a total construction cost of $185,000. (Project No. CAP- 08068) c. Authorize President to (i) execute Notice of Completion for the Former Jail Renovation Project; and (ii) approve final payment in the amount of $332,800 and release retention amount of $212,729.64, 35 days after Board action, to Zolman Construction and Development, Inc. (Project No. CAP-90106) d. Authorize President to execute agreement with Darcy Aston, in the amount of $50,000, to provide administrative and community outreach services related to development of the San Geronimo Valley Salmon Enhancement Plan. e. Request to declare as surplus a list of twenty-four (24) County-owned vehicles and equipment, as detailed in staff report dated April 8, 2008, and authorize their disposition via sale to the public sector, public auction, or auto- dismantling. Treasurer: Authorize President to execute agreement with the Marin County Open Space District, in the amount of $21,600, to purchase tax-defaulted parcels. (003-061-02, 003-071-27 and 169-251-03) Marin County BOS Agenda 4 4/08/2008 CONSENT CALENDAR B (Item CB-1) (Four affirmative votes reauired) ("Consent Calendar B" reflects those agenda items requiring four affirmative votes relating to budgetary matters.) CB-1. Health and Human Services: Request from the Health and Human Services Director to (a) accept $4,500 grant award from First 5 Marin Children and Families Commission to support the April 2008 "Month of the Young Child" activities; and (b) approve r~lated budget actions detailed in staff report dated April 8, 2008. Marin County BOS Agenda 5 4/08/2008