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Home My WebLink AboutTC Agd Pkt 2008-06-04 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard . Tiburon, CA 94920 Regular Meeting Tiburon Town Council June 4,2008 7:30 p.m. Interviews - 6:30 p.m. AGENDA TIBURON TOWN COUNCIL INTERVIEWS FOR VACANCIES ON TOWN BOARDS &; COMMISSIONS (6:30 p.m.) (POST Commission) . Ralph Leighton - 6:30 p.m. . Peter Winkler - 6:40 p.m. . Mindy Canter - 6:50 p.m. . Jim Fraser - 7:00 p.m. . Michael McMullen - 7:10 p.m. . Hank Skade - 7:20 p.m. CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor Fredericks, Mayor Slavitz ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. INTRODUCTION OF NEW TOWN EMPLOYEES New Police Officers - Eric Engstrom &: Zachary Jacobsen (Chief of Police Michael Cronin) PRESENTATION - Annual Heritage Preservation Award Chris Morrison, Recipient (Heritage &: Arts Commission Chair Margaret Bremer) CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of May 21, 2008 meeting (Town Clerk Crane Iacopi) - to be submitted 2. 430 Ridge Road - Adopt resolution approving subject to conditions a Site Plan and Architectural Review application for exterior modifications to an existing single~family dwelling (Associate Planner Tyler) Applicant: Mark and Lynn Garay Assessor's Parcel No. 059~082~ 22 3. Tiburon Court Subdivision - Approve Services Agreement for Biological Review and Mitigation Monitoring Services (Director of Community Development Anderson) PUBLIC HEARINGS 1. Municipal Budget - Introduction of proposed Municipal Budget for Fiscal Year 2008~ 2009 (Town Manager Curran &: Director of Administrative Services Bigall) 2. Amendment to Town Contracts Ordinance - Consider repeal of existing Chapter 3A and adoption of new Chapter 3A of the Town Code pertaining to Contracts (Town Attorney Danforth) - 2nd reading and adoption of Ordinance TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - May 23, 2008 . Town Council Weekly Digest - May 30,2008 ADJOURNMENT ' GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 4 35~ 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere~ Tiburon Library located adjacent to Town Hall. Agendas and staff reports are posted on the Town's website, www.ci.tiburon.ca.us. Materials related to an item on this agenda submitted to the Town Council after distribution of the agenda packet are available for public inspection at Town Hall during normal business hours. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability~related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing ( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing( s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 4, 2008 Agenda Item: ~~ - ST AFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Interviews for Vacancies on Town Boards and Commissions- PARKS, OPEN SPACE & TRAILS (POST) Reviewed By: BACKGROUND At its May 21 regular meeting, the Council began the process of interviewing applicants to fill the five (5) vacancies on the new POST Commission. There has been significant public interest in the new commission; therefore, there are six more applicants to interview on June 4, and six scheduled for the final night of interviews on June 18, 2008. The Council will interview the following applicants on June 4: 1. Ralph Leighton, 578 Virginia Drive 2. Mindy Canter, 167 Blackfield Drive 3. Jim Fraser, 98 Main Street 4. Hank Skade, 62 Peninsula Road, Belvedere 5. Peter Winkler, 104-A Main Street 6. Michael McMullen, 2105 Mar East Street RECOMMENDATION Staff recommends that the Council interview the next round of applicants tonight, and the remainder June 18, prior to making any appointments. Exhibits: . Special Vacancy Notice - POST . Applicants for June 4 interviewees Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON SPECIAL VACANCY NOTICE (Town Commissions, Boards & Committees - May 2008) Parks.. Open Space and Trails Commission (POST) (Statutory Authority: Title I, Chapter 2, Article VI of the Tiburon Municipal Code; Town Council Resolution No. 22-2008) Purpose: This newly-formed commission combines the duties of the former Parks & Open Space Commission and the ad hoc Bicycle-Pedestrian Advisory Committee. The POST Commission will serve as the official Bicycle- Pedestrian Advisory Committee of the Town. Among its duties are to periodically review the Tiburon Bicycle & Pedestrian Master Plan and submit recommendations to the Town Council on bicycle and pedestrian- related matters. The POST Commission will also periodically review the Parks and Recreation Element of the Tiburon General Plan, and make specific recommendations to the Planning Commission and Town Council on policy matters pertaining to parks and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement and operation. The POST Commission will also assist with the organization of Town-sponsored events such as the Coastal Clean-up, public facility dedications and fund-raising events. The POST Commission will also coordinate with other boards and agencies on matters affecting the Commission's purview or jurisdiction. Membership & Qualifications: The POST Commission shall be comprised of five (5) members as follows: a) Four (4) members must live in the Town of Tiburon; b) One (1) member may live or work in the Tiburon Peninsula (including the Town of Tiburon, City of Belvedere, Strawberry, or any other unincorporated area of the Tiburon Peninsula). Terms: The term of office shall be four (4) years, except that the initial terms will have staggered expiration dates in order to promote continuity of experience and expertise. Two terms will expire on 2/28/10; one term will expire on 2/28/11; and two terms will expire on 2/29/12. Meetings: The new POST Commission will establish a regular meeting schedule; the commission will meet quarterly or have more or fewer meetings as deemed necessary to conduct its business. Interested persons can contact the Tiburon Town Clerk at 435-7377 or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Application forms can also be downloaded from the Town's web site, www.ci.tiburon.ca.us (click on "useful forms"). DEADLINE for Receipt of Applications = Mar 16. 2008 Positions will remain open until filled. Notice Posted at Town Hall and BelvederelTiburon Public Library. Notice to be published in The Ark on May 7 & 14, 2008. Cc: Marin Independent Journal ?OST . .----::- --' --'" PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, ifnecessary. NAME: Peter Winkler Street & Mailing ADDRESS: 104-A Main Street. Tiburon. California 94920 e-mail = hevwink(Q)aol.com TELEPHONE: Home: Work: 435-2677 Fax No. 435-9781 PROPERTY OWNERS=: ASSOC. (Ifapplicable) TIBURON RESIDENT: (Years) DATE SUBMITTED: _13 May 2008_ REASONS FOR SELECTlNG YOUR AREAS OF INTEREST To continue and expand the work of Tiburon's BPAC APPLICABLE OUALIFICA nONS AND EXPERIENCE Please see attached resume. --~rruse Date Application R.~ y -1-4, 2008. Interview Date: Appointed to: TOWN CLERK (Commission, Board or €Q~ftayRON (Date) Date Term Expires: Length of Term: S:dcrane:comm.app (4/05) 2 Peter Winkler Attorney at Law 104-A Main Street Tiburon, California 94920 Telephone-(415) 435-2677 winklerlaw@aol.com (business) heywink@aol.com (personal) tibtri@ao1.com (Tiburon Triathlon) fD) ~~~~w~ mi. mJ MAY 1 4 2008 ~ TOWN CLERK TOWN OF TIBURON Education 1980 1976 University of Virginia School of Law-J.D. University of California, Berkeley-B.A. (political science) Relevant professional experience Private law practice - Tiburo~ California, 1982 to present . General counsel and director-Earth Island Institute, 1986 to 2008 . Formed and advised numerous non-profit organizations, including Free Willy Keiko Foundation and Born to Aid (AIDS relief in East Africa) . Business formation and advice . Civil litigation Rosenblum, Rabkin, Parish, Jack, Bachli & Bacigalupi - San Francisco, California, 1980-1982 . Securities offering practice . Business organization formation and advice . Nonprofit corporation formation and advice Summer Law Clerk . Hon. Stanley A. Wiegel, U.S. District Judge (San Francisco, CA), 1978 . Hon. Albert W. Coffrin, U.S. District Judge (Burlingto~ Vermont), 1979 Personal . Head coach, Tamalpais High School Girls Swim Team, 2008 . Member, Tiburon Bicycle Pedestrian Advisory Comm., 2001 to 2008 . Cyclist (USA Cycling road and coach licenses) . Swimmer (USA Swimming official and swimmer cards) . Member, Velo Allegro cycling team-Long Beach, California, 2003 to present . Founder and director, Tiburon Triathlon, 1991 to present . Volunteer firefighter, Tiburon Volunteer Fire Dept, 1987 to present References . Ralph Leighton, BPAC member--(415) 789-1199 . Chris Lutton, Tiburon Vol. Fire Dept. president--( 415) 367-5679 TOWN OF TIBURON ~ ~A~ ~ : ~oo~ ~ TOWN CLERK TOWN OF TIBURON COMMISSION.. BOARD & COMMITTEE APPLICA TION The Town Council considers appointments to various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. The application form can also be found on the Town's website, www.ci.tiburon.ca.us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk *********************************************** AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY X PARKS, OPEN SPACE & TRAILS JT. RECREATION COMMITTEE DISASTER PREPAREDNESS MARIN COMMISSION ON AGING 1 NAME: Ralph Lei2hton Street & Mailing ADDRESS: 578 Virginia Drive, Tiburon e-mail: ralphleighton@gmail.com TELEPHONE: Home: 789-1199 Work: 789-1199 Fax No. call first PROPERTY OWNERS' ASSOC. (If applicable) Reed Hei2hts Tiburon Knolls (Traffic Chair) TIBURON RESIDENT: (Years) 11 DATE SUBMITTED: 5/5/2008 REASONS FOR SELECTING YOUR AREAS OF INTEREST I biked with my kids to Tiburon Schools for six years, and I'd like to see more students bike to school in Tiburon. APPLICABLE QUALIFICATIONS AND EXPERIENCE I have served on the Bicycle / Pedestrian Advisory Committee for several years; with Joe Breeze I designed the Marin County Bicycle Route System. I would like to remain involved with issues address by the new commission. ---------------------------------------------- Town Hall Use ------------------------------------------------- Date Application Received: 3--- ) ---6 B Interview Date: Appointed to: (Commission, Board or Committee) (Date) Date Term Expires: Length of Term: S:dcrane:comm.app (4/05) 2 ~?J li: C t:..~ ~..: l f ~; t\ . 1'!! r~ i."i ~ ~,)l __~ "'",-~ f -.~ l--_- .... 2008 TOWN OF TIBURON TOvVI" 0...CJ;,r<~ TOWN OF TIBURON COMMISSIONtt BOARD & COMMITTEE APPLICA TION The Town Council considers appointments to various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon(]s governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. The application form can also be found on the Town's website, www.citiburon.ca.us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** * * * ** * * * * * AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greates~.Interest) PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY AGING ,,/ \/ PARKS OPEN SPACE & TRAILS JT. RECREATION COMMITTEE DISASTER PREPAREDNESS MARIN COMMISSION ON 1 PERSONAL DATA Only computer-generated or typewritten copy \\'ill be accepted; Attach se arate es, includin resumes and cover letters, if necessa NAME: ~11/0D i (~tlI\i/FI2- Street & Mailing ADDRESS: //(7 t3!a i: tfe(d ';;b, . f7l3u IC0N e-mail = 111 C!-curku.1-(jV C!-o11A.C!Jt5f, tJ E- T TELEPHONE: Home: J<t?~ -fi' ()~~-(j Work: 3 gg-~~ ()~7' Fax No. PROPERTY OWNERSlJ ASSOC. (If applicable) TIBURON RESIDENT: (Years) dO FilS DATE SUBMITTED:-ip~8' REASONS FOR SELECTING YOUR AREAS OF INTEREST I J '). I wish to continue on the new POST Commission to promote continuity of experience and expertise. I am dedicated and enjoy serving our town and community in this capacity. APPLICABLE QUALIFICATIONS AND EXPERIENCE -+ I have served on the Tiburon Parks and open Space Commission for 12 years and on the following subcommittees: Multi-use Path, South of the Knoll Park, Wayne Snow Park, Bel Aire Park, Ridge Trail Signage and Ridge Trail Continuity Sub-committees. I bring expertise and continuity to the new POST Commission. ----------------------------------------------llolVn II~II lJse ------------------------------------------------- D~te Applic~tion Received: -:;:2. -() r IntervielV D~te: Appointed to: (Commission, Bo~rd or Committee) (D~te) --- T,',-,-, r, -l>~, r""... ~ ~~ ,ff ft- . rt.-..-: i-- ".~'~_ y- "." fr! "_I~J ", r: _, ~:_.:; f, \i' ;., - 2008 2 , ' , ~ ~ ~ ~ ~ tl'! r.". :~jf iL. D . ! tv.: :~; MAY 1 5 2008 , .. TOWN OF TIBURON TOWN CLERk. TOWN OF TIBURU, COMMISSION.. BOARD & COMMITTEE APPLICA TION The Town Council considers appointments to various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon=s governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town HalL The application form can also be found on the Town's website, www.cLtiburon.ca.us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk * * * . * * * * * * * * * * * * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * AREAS OF INTEREST PLANNING DESIGN REVIEW HERITAGE & ARTS LIBRARY Please Indicate Your Area(s) of Interest In Numerical Order (#1 Being the Greatest Interest) ~PARKS OPEN SPACE & TRAILS JT. RECREATION COMMITTEE DISASTER PREPAREDNESS MARIN COMMISSION ON AGING 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted Attach separate pages, i eluding resumes and cover letters,if necessary. e- NAME: Street & Mailing ADDRESS: ~\~. ~..:&La.. ~~~(QN. (t}J11. TELEPHONE: Home:~5~5<6~ork: ~ Fax No. .13s- 3''10L 1l~ '"1'iCiJZO e...mail = PROPERTY OWNERS::: ASSOC. (If applicable) TIBURON RESIDENT: (Years)~ DATE SUBMITTED: -s\ '\5\ () ~ REASONS FORSELECTTNG YOUR AREAS OF INTEREST ~ ., m ~J 1) ~- ~ACH ADDITIONAL PAG~~ NECESS~~ ~ m~ O~\t -b ~ Y- ~6\\n' b-- ~f\ t"\\lt. &\\hrt!EfnEl\(O ~ 66 ~ C'sU,L &JlY\mort,~ 1- APPLI~~~ l ~1\l~ ~~~ r-t p LCAJ1 ~~p,Q~C=_ rumh1\~.~IEL - ~)() ~ ~~? 13~le.. --------------------------- Town Hall Use ------------------------------- DateAPPIiCatij~~ Appointed to: MAY _ 5 2008 <. (Commission, Board or Committee) TOWN CLERK D t T E. TOWN OF TIBURON a e erm xplres: Interview Date: (Date) Length of Term: S:dcrane:comm.app (4/05) 2 Instructions and Application to Serve on a Town Board, Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town Hall, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to ( 415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order ( . ~ (#1 Being the Greatest Interest) pCJ~ I / . PLANNING' 1 PARKS & OPEN SPACE 'f I ~ DESIGN REVIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING BICYCLE/PEDESTRIAN ADVISORY COMMITTEE 1 PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: Mlchae~ McMu~~en Llo5 Mar East, Tiburon CA 949LO MAILING ADDRESS: 4-5 s-' ~o {" ~ ~ ~2 - ~OLL l TELEPHONE: Home: q.j:J-tlUtltl Work: 65e2-8061 Fax No. 704-3258 PROPERTY OWNERS' ASSOC. (If applicable) n/ a TIBURON RESIDENT: (Years) LL years DATE SUBMITTED: 5/16/2008 REASONS FOR SELECTING YOUR AREAS OF INTEREST I have been a member of the Parks and Open Space Commission for a number of years, and would like to see our work continue under the new, cokmbined POST commission. APPLICABLE QUALIFICATIONS AND EXPERIENCE Member of Tiburon Parks and Open Space Commission. Extensive financial and operations business experience. As Managing Director of Rocfin Capital, I finance and consult on the management of private and hospital-based cancer centers. Other relevant work includes the management and operations of several thousand acres of combined-use agricultural and wind farm facilities. ---------------------------------------------- Town Hall Use ------------------------------------------------- Interview Date: !;-C(--or Date APPliW1i~ ~~i~~ ~.~.Ui Appointed m1 MAY 1 9 2008 \j (Commission, Board or CQmm. ittee) TOWN CLE:.RK-- TOWN OF TIBURON Date Term Expires: (Date) Length of Term: 2 aolrich:11 12251 0610441 Subj: POST Commission Date: Friday, May 16, 2008 3:18:19 PM From: Hskade To: dcrane@ci. tiburon.ca.us Attached please find my application for the POST Commission. The original has been sent to you in the mail. Thank you for your consideration. Hank Skade Tiburon Ventures, LLC 700 Larkspur Landing Circle Suite 1 99 Larkspur, CA 94939 (415) 461-2811 tel (415) 464-4936 fax ************** Wondering what's for Dinner Tonight? Get new twists on family favorites at AOL Food. ( http://food.aol.com/ dinner-tonight? NCID=aolfodOOO 3 0000000001 ) 1 of 1 5/16/08 3:22 PM Instructions and ADPlication to Serve on a Town Board.. Commission or Committee The Town Council considers appointments to various Town boards, commissions and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both pages of this form and returning it to Town BaD, 1505 Tiburon Blvd, Tiburon CA 94920, or fax it to (415)435-2438. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town BaD for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Diane Crane Iacopi Town Clerk *********************************************** AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING X PARKS & OPEN SPACE fTltAIi-S DESIGN ~VIEW RECREATION HERITAGE & ARTS DISASTER PREPAREDNESS LmRARY MARIN COMMISSION ON AGING BICYCLEIPEDESTRIAN ADVISORY COMMITTEE 1 ~ ~A~ ~ ~ ~:~~ 111. TOvVN C -'." TO"'.!,..,! C/ i: PERSONAL DATA Only computer-generated or typewritten copy will be accepted; Attach separate pages, including resumes and cover letters, if necessary. NAME: Hank Skade MAILING ADDRESS: 62 Peninsula Road, Belvedere, CA 94920 TELEPHONE: Home: 279-9892 W k 461-2811 or : F N 464-4936 ax o. PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) 18 DATE SUBMITTED: 05/16/2008 REASONS FOR SELECTfNG YOUR AREAS OF INTEREST See attached letter. APPLICABLE QUALIFICATIONS AND EXPERIENCE See attached letter. ---------------------- Town Hall Use --- :::::::~onRe~ivr=~ g ~: ;e:g" (Commission, ~ (i.QmAn!h~. u. .. Interview Date: (Date) Date Term Expires: TOWN CLERr rO",,14 or 1191 l,:'r.,. Length of Term: 2 TIBURON VENTURES, L.L.C. 700 LARKSPUR LANDING CIRCLE SUITE 199 LARKSPUR, CALIFORNIA 94939 TEL: (415) 461-281 1 FAX: (415) 464-4936 May 12, 2008 Town of Tiburon Town Council 1505 Tiburon Blvd. Tiburon, CA 94920 Re: Commission, Board & Committee Application The Tiburon Peninsula has been my home for 18 years. For 16 years, I lived just above Blackie's Pasture and the northwest end of the Multi-Use Path; for the past 2 years, I have lived on the Belvedere Lagoon near the southeast end of the Multi-Use Path. During this time I have used the Path several times per week, often seven days per week, and I have been very pleased with the improvements to the Path, the Richardson Bay Lineal Park, Blackie' s Pasture, and Shoreline Park. After hip replacement surgery in 2003, I gave up daily runs on the Path and turned to hiking in the hills, first on Ring Mountain from my former home in the Reedlands and now on the trails of Old St. Hilary's Open Space Preserve and the Tiburon Ridge Trail. Once again I am able to run, and I have returned to the Multi-Use Path for runs to supplement my hikes in the hills. I am also an avid cyclist, and all my Marin County rides incorporate laps along the Path. My wife, Mary, runs daily on the Path. Our son, Tyler, and our daughter, Kelsey, were virtually raised on the Multi-Use Path, Blackie's Pasture, IvlcKegney Green, South ofIZnoll Playground, and the Belvedere Community Parle It is time for me to give something back to our community, and I would love to do so on the Parks, Open Space, and Trails Commission. I have attached a current bio for your review. In brief, I am an attorney with an undergraduate background in natural sciences, a strong environmental conscience, and a 35-year track record of volunteer work for a variety of environmental organizations. I am a mountain climber, runner, cyclist, and swimmer. While I am a strong advocate for land-use planning and for the conservation of parks and open space, I earn a living by developing land and I understand the pressures on land use that are inevitable from development. ij ~~~~W~ m ~ MAY 1 9 2008 v~j TOWN CLERK TOWN OF TIBURON I believe that parks and open space provide connection for people with the natural world, and they are essential for the health of individuals and communities. In summary, I would be honored and grateful if I was selected to serve on the Tiburon P.O.S.T. Commission. Thank you for your consideration. l!;;:;; ~ Hank Skade Hank Skade Bio Statement Hank Skade is the Manager of Tiburon Ventures, LLC, a real estate development and investment firm based in the San Francisco Bay area. He has over 25 years diversified experience as an attorney, real estate developer, business manager, and organic wine grape farmer. He was previously the Chief Operating Officer of a Silicon Valley start-up company that developed waterproof, breathable fabrics for outdoor sports. Hank has a long history of involvement with environmental organizations including WaterKeepers Northern California in San Francisco (Board of Directors), the Denali Foundation in Alaska (Board of Trustees), the Headlands Institute in Sausalito, CA (Advisory Council), the San Francisco Ocean Film Festival (Steering Committee), the American Alpine Club (Conservation Committee), and the Explorers Club. He also serves on the Board of Visitors for Lewis and Clark College Law School, and is a member of the California Association of Winegrape Growers and the North Bay Angels. Hank received his B.S. from the University of Oregon and his J.D. from Lewis and Clark College Law School. His interests include mountain climbing, wines, and photography. fD) ~~~~W~ ~ lflJ MAY 1 9 2008 IW Hank Skade\bio.stm (#4) T_OWN CLERK TOWN OF TIBURON C_C--( TOWN COUNCIL MINUTES CALL TO ORDER ~___,,_,,__,.. ::-:':::0:::-:", Mayor S}mtZcalled the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wedne~day, May 21, 2008,,,i~ Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California:,-- ,//' / " ---"'-~....---- ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Collins, Gram, Fredericks and Slavitz ABSENT: COUNCILMEMBERS: None PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Works/Town Engineer Nguyen, Police Chief Cronin, Director of Administrative Services Bigall, Town Clerk Crane lacopi INTERVIEWS FOR VACANCIES ON TOWN BOARDS & COMMISSIONS (6:20 p.m.) The following applicants were interviewed for positions on Town Boards and Commissions: · Eva Buxton - 6:20 p.m. · Jill Sperber - 6:30 p.m. · Sandra Esposito - 6:40 p.m. · Michael Tollini - 6:50 p.m. · Erin Tollini - 7:00 p.m. · John Corcoran -7:10 p.m. · Kaeso Maas - 7:20 p.m. Mayor Slavitz said additional applicants would be interviewed on June 4 and June 18, prior to making any appointments. ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION (6:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town ofTiburon v. Sylvia; Sylvia v. Town ofTiburon Wayne v. Town ofTiburon Mayor Slavitz reported no action was taken in Closed Session. / , DRAFT Town Council Minutes #08-2008 May 21,2008 Page 1 of 18 ORAL COMMUNICATIONS - None. CONSENT CALENDAR Mayor Slavitz said Item 2 would be removed from the Consent Calendar for Discussion. 1. Town Council Minutes - Adopted minutes of May 7,2008 meeting (Town Clerk Crane lacopi) 2. Tiburon Against Shark Killing (T.A.S.K.) -Considered the adoption of proclamation in support of Bel Aire student committee T.A.S.K. (Town Manager Curran)-REMOVED 3. Caprice Restaurant Remodel- Approved contract with Leonard Charles & Associates to prepare an Initial Study for the Caprice Restaurant CUP application (Planning Manager Watrous) 4. 100 Rolling Hills Road Subdivision - Approved Parcel Map for two-lot subdivision at 100 /110 Rolling Hills Road (Associate Planner Tyler). Owner/Applicant: Allan Littman. Assessor Parcel No.: 058-132-40 MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1,3 and 4. Fredericks, seconded by Collins AYES: Unanimous Item Removed from the Consent Calendar: 2. Tiburon Against Shark Killing (T.A.S.K.) - Adopt proclamation in support of Bel Aire student committee T.A.S.K. (Town Manager Curran) David McGuire, Field Associate, California Academy of Sciences, said in 2007 following a screening of his film ("Sharks: Defenders of the Reef') at the Tiburon Film Festival, a group of local residents had circulated a petition in opposition to shark killing in Tiburon and worldwide. He said that they had collected over 125 signatures, which had been presented to the Town Council. Subsequently, he said a group of students at Bel Aire School had become interested in the issue and had formed a group called TASK (Tiburon Against Shark Killing) which now had a petition before the Town Council. He introduced Bel Aire student Andrei Dolezai, who spoke on behalf of the students in the audience. Andrei Dolezai, Bel Aire student, read the TASK petition to the Town Council; he asked for the Council to support the health of the ocean and protect sharks and to speak out against the practice of shark "finning;"; he said that Tiburon means "shark" in Spanish, and that sharks were an important symbol to p.eople in the Town. The Council moved and voted to adopt the draft proclamation. Mayor Slavitz thanked the students for their efforts and read the proclamation into the record.. ACTION ITEMS 1. Tiburon Glen Development Project - Review of Broom Eradication and Habitat Restoration Plan (Off-Site Tree Mitigation Plan) proposing broom removal and tree planting DRAFT Town Council Minutes #08-2008 May 21, 2008 Page 2 of 18 on a Town open space parcel along Paradise Drive below Mateo Drive, and broom removal on a Town open space parcel off Gilmartin Drive; AP Nos. 038-381-18 and 039-290-39 (Director of Community Development Anderson) Director of Community Development Anderson stated that in April of 2006, the Council approved a Precise Development Plan allowing three homes on 26 acres off Paradise Drive, which was known as the Tiburon Glen project. One of the mitigation measures and conditions of approval required off-site tree planting and habitat restoration. At the time of approval, the Council looked at three possible off-site locations where tree planting and broom removal could occur, along Paradise Drive near Mateo Drive; along Gilmartin Drive, and on the slopes below Via Los Altos near Ring Mountain. The Council required the applicants return with a more detailed broom eradication and oak tree planting plan for Council review and approval prior to the subdivision improvements moving forward. Those plans were submitted to the Town and staff has confirmed that they are in compliance with the mitigation measures and conditions of approval. Anderson said that the property owners surrounding the site were invited to a neighborhood meeting on May 8, 2008 at Town Hall. According to Anderson, one neighbor who supported the project had attended the meeting; he said that staff was advised that 13 of the 14 homeowner association member households had expressed support for the plan. The Director recommended that the Council take public testimony, approve the broom eradication and habitat restoration plan, and direct the Town Engineer to issue an encroachment permit for the work, subject to appropriate conditions. Councilmember Berger asked about the status of sudden oak death syndrome and questioned if precautions were being taken as to the proposed species. Don Blayney, landscape architect for the Tiburon Glen project, said there is nothing that can be done to stop the disease at this time, but that planting small, healthy trees is the best method to avoid the adverse effects of the disease. Councilmember Collins referred to the provision in the contract to replace plant materials; he asked Director Anderson to confirm that maintenance of plants and replacement of any dead or dying trees would be covered through the landscape maintenance bond for a period o.f five years. Public Comments: John Larson. President of the Paradise Estates Homeowners Association, thanked Town staff for the wonderful project, sees no problems with any view blockages, said they spent a lot of money on their common areas removing some of the broom, but are happy more broom is being removed since it is a significant fire hazard. He also acknowledged concerns of sudden oak death syndrome, said there are many oaks on the hill, but he does not remember a single case of disease in the immediate area. Don Blavney discussed the new "gel pack" watering system, manufactured by the Rainbird Company, that would be placed around the trees at their base and which keeps moisture intact, and he said itwill be the first time he has used this particular watering method but that he has faith in Rainbird products. Vice Mayor Fredericks confirmed with Mr. Blayney that the area was a good habitat for oak trees. DRAFT Town Council Minutes #08-2008 May 21,2008 Page 3 of 18 Scott Hochstrasser. Planning Consultant for the Tiburon Glen project, thanked the Council, Planning Commission and staff for keeping an open mind in allowing them to explore some of the unique mitigation opportunities and said this is a win-win project for the area and for the Town. Councilmember Collins again requested clarification of Section 7.0 of the specifications regarding replacement, and Director Anderson said he would add language ensuring that replacement is required for the full five years. MOTION: Moved: Vote: To approve the Broom Eradication and Habitat Restoration Plan and direct the Town Engineer to issue an Encroachment Permit for said work subject to placing appropriate conditions of approval thereon. Berger, seconded by Fredericks AYES: Unanimous PUBLIC HEARINGS Mayor Slavitz requested Item 1 be moved to the end of the meeting. 2. 7 Wilkins Court - Request to Amend Planned Development #19 (7 & 9 Wilkins Court) to modify a building envelope and create a landscape envelope at 7 Wilkins Court (Community Development Department) -2nd reading and adoption of ordinance. Address: 7 Wilkins Court. Assessor's Parcel No. 039-070-32. Owners: Quentin Keith Hills. Applicant: Ruschmeyer & Associates Council waived the presentation of the staff report. Mayor Slavitz opened and closed the public hearing. There was no public comment. MOTION: Moved: Vote: To read the Ordinance by title only. Gram, seconded by Berger AYES: Unanimous Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon amending the 7 & 9 Wilkins Court Master Plan (PD #19) to modify a building envelope and create a landscape envelope on property located at 7 Wilkins Court." MOTION: Moved: Vote: To adopt the Ordinance, as written. Collins, seconded by Fredericks AYES: Berger, Collins, Fredericks, Gram, Slavitz 3. Amendment to Town Contracts Ordinance - Consider repeal of existing Chapter 3A and adoption of new Chapter 3A of the Town Code pertaining to Contracts (Town Attorney Danforth) - Introduction and 1 st reading of Ordinance Town Attorney Danforth said it had been 10 years since the Town first adopted its Contracts Ordinance and minor modifications have been made since that time. She said in reviewing the Contracts Ordinance, staff found a number of areas warranting modification and that an entirely new Chapter 3A is being proposed due to the large number of changes being proposed. She said there had been several substantive changes, for instance the threshold between major and minor public works projects in the ordinance is currently $70,000 but that State law has adjusted that DRAFT Town Council Minutes #08-2008 May 21,2008 Page 4 of 18 figure upwards to $125,000. Therefore, staff is recommending it be increased to $125,000 and an escalator clause has been added to reflect any future changes to the statute so that the ordinance would automatically track the new amount. The Town Attorney said the existing ordinance gives the Town Manager the authority to execute contracts up to $20,000 for purchases, general services and public works, and $10,000 for professional services. Staff recommends the authority for all contracts increase up to $40,000 to streamline the process. This would apply only to contracts for items that are budgeted and the monies already appropriated, according to Danforth. Danforth said the ordinance also requires the Town Manager to obtain Council approval before allowing the uncompensated use of Town property for more than one day, and staff recommends this be increased to five days. The ordinance now authorizes the Finance Director to execute contracts up to $5,000, and other Department Heads' authority goes up to $2,500. She said that staff found in practice, the Department of Public Works has the largest contracts and therefore recommends increasing the Director of Public Works' authority up to $10,000, and the other Department Heads up to $5,000. Chapter 3A also provides that service contracts that exceed $5,000 be based on at least three bids, and staff recommends that this limit increase to $30,000, according to Danforth. Three price quotations will be required for such contracts, with the exception that environmental review service contracts will require only two bids. Lastly, the current ordinance requires competitive bidding for minor public works contracts of $5,000 or more. Danforth said that staff recommends this be increased to $30,000, with the addition of an escalator clause that would automatically adjust the threshold to reflect changes in state law. Ms. Danforth said staff does not anticipate any financial impact from the new ordinance. She recommended that the Town Council conduct a public hearing, read the ordinance by title only and pass the first reading by roll call vote. Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed the public hearing. Councilmember Collins referred to Section 3A-6, stating the Town Manager has discretion to reject any or all price quotations or bids, and questioned Section 3A-5 and a 4/5 vote for emergency purchases. Town Manager Curran said that if she is unable to convene enough members for a Council meeting, she has a great deal of discretion to do whatever she feels must be done to ensure public safety. Councilmember Collins confirmed that State law has the limitation of requiring a 4/5 vote and this was why the Town Manager was to be given this specific authority, if not enough Councilmembers can be reached to convene a meeting. MOTION: Moved: Vote: To read the Ordinance by title only. Fredericks, seconded by Gram AYES: Unanimous DRAFT Town Council Minutes #08-2008 May 21,2008 Page 5 of 18 Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon repealing the existing Chapter 3A and adopting a new Chapter 3A governing Town contracts." MOTION: Moved: Vote: To pass first reading of the ordinance. Collins, seconded by Fredericks AYES: Berger, Collins, Fredericks, Gram, Slavitz 4. Chapter 16 (Zoning Code) Ordinance - Consider approval of text amendments to Chapter 16 of the Town Code (Zoning) to repeal sections concerning the Parks & Open Space Commission (Director of Community Development Anderson) - 2nd reading & adoption of Ordinance Council waived the presentation of the staff report. Mayor Slavitz opened the public hearing. There was no public comment. Mayor Slavitz closed the public hearing. MOTION: Moved: Vote: To read the Ordinance by title only. Gram, seconded by Fredericks AYES: Unanimous Mayor Slavitz read, "An ordinance of the Town Council of the Town of Tiburon repealing certain sections of Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code concerning the Parks and Open Space Commission." MOTION: Moved: Vote: To adopt the Ordinance, as written. Collins, seconded by Gram AYES: Berger, Gram, Fredericks, Gram, Slavitz Public Hearing Item No.1 - taken out or order. 1. 430 Ridge Road - De novo review of a site plan and architectural review application for exterior modifications to an existing single-family dwelling (Associate Planner Tyler) Applicant: Mark and Lynn Garay Assessor's Parcel No. 059-082-22 Councilmember Berger recused himself from participating on the item and left the meeting. Associate Planner Laurie Tyler gave the staff report, stating the Town had received a Site Plan and Architectural Review application on June 1, 2007 for the construction of exterior modifications to a single-family dwelling under construction at 430 Ridge Road. The applicant requested approval to increase the height of several stone veneer panels at the front of the home (north elevation) by 15 inches. On June 19,2007, staff approved the application with the condition that certain skylight shrouds could be removed at the option of the applicant following installation of the raised stone never panels. Prior to making a determination on the project, staff visited the subject site and the neighbor's home at 440 Ridge Road. Staff viewed the raised panels from the uphill neighbor's master bedroom and living room, and took several photos of the property from the exterior and interior of the home at 440 Ridge Road. Staff concluded that the raised panels would block most of the view of the skylights along the roof top. Between each panel, the neighbors at 440 Ridge Road would still be able to view the rear of the skylights from DRAFT Town Council Minutes #08-2008 May 21,2008 Page 6 of 18 the upper level master bedroom and rear patio. It did not appear that any light and glare would be seen from the neighboring home due to the angle of the skylights and the limited visibility of the skylights between the panels, according to Tyler. On June 26, 2007, Ms. Tyler said the uphill neighbor at 440 Ridge Road filed a timely appeal of staff s decision to approve the application. The Design Review Board considered the appeal on July 19,2007 and voted 4-0 to grant the appeal, denying the extension of the raised panels and thus requiring the skylight shrouds to remain in place. It was the consensus of the Board that the raised panels would not effectively screen the skylights from the uphill neighbors and therefore, the shrouds should remain. Ms. Tyler said that on November 1, 2007, the owners of the subject property, Mark and Lynn Garay, filed a petition for writ of mandate challenging the Design Review Board's decision. As a compromise settlement of this case, the Town agreed that the Town Council would hold a hearing on the merits of the application. Through an amendment to the original application, she said the applicant has now requested the Town Council review removal of the shrouds around all of the skylights that were previously approved for installation on the roof. Tyler said that staff recommends the Town Council take public testimony on the item, close the public hearing, deliberate on the project merits and take one of the following actions: 1. Decide whether to approve, conditionally approve, or deny the application to increase the height of the stone veneer panels; 2. If the Council finds that it has sufficient information, decide whether to approve, conditionally approve or deny the request to remove the skylight shrouds; and 3. Direct staff to return with an appropriate resolution. Vice Mayor Fredericks said she thought the issue of the settlement dealt with the skylights that were behind the proposed panels and that the consideration of the shrouds around the main skylights was just an additional issue to expedite public process and was not part of the settlement. Ms. Tyler confirmed that this was correct. Town Attorney Danforth said the settlement agreement only addressed the application as it was submitted in June 2007. This application requested permission to raise the height of the stone veneer panels themselves and did not deal with any of the shrouds. At some later date, there was a verbal request to discuss the shrouds immediately behind the panels and still more recently, the request was expanded to the other shrouds. Under the settlement terms itself, it is just the stone veneer panels that are at issue; however, she said the Council may wish to expedite final resolution of these design issues tonight. Mayor Slavitz statid that the two issues before the Council are: 1) whether all shrouds can be removed from all of the skylights, and 2) should the stone veneer panels be raised. Town Attorney Danforth clarified that the stone veneer panels are directly before the Council as part of the Town's agreement with the Garay's. She said the shroud issue that Mr. Garay has asked the Town Council to also consider at the same time is not an all or nothing proposition. Danforth said the Council might find some shrouds can go and others should stay, depending on what the potential for off-site light pollution impacts are. She said the conditions of approval of design review did involve shrouds, however, Mr. Garay is not required to comply with all of those conditions until he has finaled the project. Since he has not finaled the project, he is not in violation now by not having the shrouds in place, according to the Town Attorney. DRAFT Town Council Minutes #08-2008 May 21,2008 Page 7 of 18 Mayor Slavitz said project neighbor Paula Little had sent the Council an email about the clerestory windows, and he questioned whether this was also included in this discussion. Town Attorney Danforth said this is a hearing on Mr. Garay's application and he can request that the application be amended if he so chooses, but other property owners do not have the same right with respect to Mr. Garay's application. She pointed out that the clerestory windows are already approved and built and there is no basis for challenge. The only means she would see of the Council discussing the issue of the clerestory windows would be if they somehow find there is an off-site light pollution impact connected to this application that could be ameliorated by changes to the clerestory windows. Danforth said she did not see such a connection, but noted that she was not completely familiar with all details of the project. Councilmember Collins questioned what, if any, authority was granted to the Town that would enable removal of the shrouds. Town Attorney Danforth said the prior Design Review approval does require the shrouds, but it does not require that they be up in any point in time prior to occupancy. Mayor Slavitz discussed public hearing protocols and speaker time limits and opened the public hearing. Mark Garav, applicant and appellant, said that he and his wife own the home at 430 Ridge Road. He said that they have some differences with the Town over what the settlement document actually encompasses, but that he thinks those differences have been communicated in various mailings. To clarify any confusion that may exist, Mr. Garay said they have never erected the shrouds; they were never built. The only thing that was put up at one earlier time was a plywood mock-up of what the shroud would look like if it were up. It was pretty bulky and visible from their driveway and front entry court. Mr. Garay distributed photographs to the Council. He said they are seeking the raising of the stone panels by eight inches above the approved height, adding that the original application was for raising them 15 inches above the approved height. The conclusion they came to during the mock-up was that 15 inch higher panels would result in a very flat monotonous roofline, carrying the garage structure across the panels, across to the front entry. From an architectural point of view, Garay said they wanted to bring this down to create an articulation in architecture. Mr. Garay noted that all the Councilmembers had visited the site and had seen the two yellow lines strung up. He said the lower line represented the currently approved height of the top of the panel and the second line eight inches above it represented the currently-requested height of the stone panels. He said the requested height is set at a level where from their driveway area it conceals the skylights beyond it. From a functional point of view, the impact of raising the panels eight inches needs to be considered in relationship to the Hannahs' property. Garay said photos taken by staff in June 2007 are Exhibit 4 of the packet. He said as a courtesy, he had produced some better color photos. He said the photo taken inside the Hannahs' home shows that you can barely see the roof at all. He said in the photo, the panels are mocked up at the 15 inch height, so they would be reduced by exactly seven inches. Garay said the second image is from the top bedroom in the Hannahs' home, the third and fourth images were taken from their yard looking at his roof from their fence line. So, even at 15 inches, the elevated panels do not DRAFT Town Council Minutes #08-2008 May 21, 2008 Page 8 of 18 have any impact whatsoever on the Hannahs' view, according to Mr. Garay. The only impact from raising the panels is that less of the roof-top is visible. Mr. Garay said staff also concluded in their report that the raising of the panels by eight inches will not impede or affect the status of the project in any manner. Mr. Garay said that the skylights have now been installed and their installation was done in such a way that they are all facing away from the Hannahs' home at a decent angle. He said the skylights themselves are also made of glass tinted and treated in such a way that there is a minimum amount of life escaping through the glass. Mr. Garay referred to the Councilmember's nighttime visits and the fact that no light was emanating from the skylights. He also noted that the skylights themselves are in secondary rooms; above the pantry, the existing children's bathroom, the master bathroom and walk-in closet of the master suite. He said that the simulated lighting was from 70-watt bulbs, however, they were not recessed which means that the light was greater than the final lighting would be. Mr. Garay said that the shrouds had been recommended as a "precautionary" measure but that they were an unnecessary expense and an unsightly element. He said that the visual inspection by the Council supported their removal. Councilmember Collins and Vice Mayor Fredericks questioned Mr. Garay about the mock-ups of the panels and shrouds. Ms. Fredericks asked whether there was a mock-up of the panels and whether they were visible from the Hannahs' bedroom. Mr. Collins asked whether Mr. Garay's photos were taken before the skylights and roof were completed, and whether his offer to remove certain skylights still stood. Mr. Garay said that the Hannahs' had rejected that offer. Ms. Fredericks asked whether the back of the skylights would be concealed; Mr. Garay said that the panels were now an equal height to the top of the skylights. Fred Hannahs, speaking on behalf of he and his wife, Casey, read a letter into the record: "Wednesday, 14 May 2008 15:09:49 Dear Mark: In the second week of March 2008, acting in your capacity as the Garay's general contractor, you approached us with a request that we support the Garays' de novo appeal to the Town of Tiburon (1) to eliminate the Town of Tiburon 's requirement of shrouds on the rooftop skylights for 430 Ridge Road residence. I responded to you by email dated March 14, 2008, stating that before making any decision on the Garay's request, we would need to see working drawings and plans for the shrouds you proposed to eliminate, as well as of the remaining skylights. We also advised you we would need to see if the panel extensions would negatively impact our view. You responded by email dated March 17, 2008 stating "I will provide you with the drawings and plans for the shrouds as you have requested. I will also mock up the panel extension for you and Mrs. Hannahs to see. " We waited in anticipation of receiving the promised drawings and plans and the construction of a mockup for our review. However, by March 28, 2008 we had received no drawings and plans and no mockup panels had been provided for our consideration. I again emailed you asking "When will you provide us with the information we need to enable us to give serious consideration to your proposal to eliminate at least two skylights as stated in your communication of March 1 ih?" DRAFT Town Council Minutes #08-2008 May 21,2008 Page 9 of 18 Without the courtesy of responding to our inquiry regarding the missing drawings and plans you had promised to produce, you emailed me on March 28,2008 advising that "We have strung a yellow line along the top of the north elevation of the house to show the proposed elevation of the panels." You reiterated that the Garays would be willing to eliminate the Au Pair's skylight and the Powder room skylight in exchange for our supporting the removal of the shrouds at the girl's bathroom and the approval of the stone panels and opaque glass to the height of the yellow string line and closed your email by again promising that "I will bring photographs and a rendering of this detail to you for further study, should it help in explaining this scenario ", all the while knowing, full well, that we had again asked for these pertinent materials. The stringing of a yellow line to delineate the location of the panel tops is inadequate information from which we or the Town Council can determine the visual effect of the extended panels. In fact, you have never delivered the drawings and plans for the shrouds or set up a mock up of the panels for our view of any visual impacts to our vies and residence. In hindsight, this is understandable in light of the fact that the Garays have once again baited and switched a proposal relating to construction and are now threatening the Town with yet another law suite if they are not allowed to eliminate all the shrouds from the rooftop skylights and to increase the height of the panels. You never afforded us the courtesy of advising us of this change of direction, or that your proposal to us was off the table, and left us to discover the fact for ourselves when we were provided copies of correspondence and emails between the Garays and the Town of Tiburon. From our perspective, the panels will not change or eliminate our view of the skylights day and night. We will see them whether or not the Garay's appeal is granted. Additionally, the simulation of lighting by the Garays to test whether artificial lighting penetrating from rooftop skylights will be an offensive light is complete. We will simply not know until the entire interior lighting is installed and turned on after dark. Simulated lighting will not tell the story, and we don't want to have a lighting problem when the approved lighting is finally installed. Since the Garays have not erected shrouds, have not installed thefinallightingfor the interior of their home, and have only strung a string line in an attempt to simulate the raised panel height, we cannot and do not believe the Town can conduct a fair evaluation of the view and other impacts of their requested changes on our home. Clearly, the simulated lighting cannot show the true impact of eliminating the shrouds, which are, according to the Town of Tiburon, not an issue of the appeal. The requested increase in the height of the panels may affect our views while adding no perceivable benefit to the Garay residence raising the question of when will the design change requests ever end. Having had ample time to persuade us that there would be no impact on our home, and having failed at every turn to provide us with the promised materials to evaluate, and having yet to install the final approved interior lighting fixtures, we will oppose the Garay's appeal and urge the Town to do so as well. Casey and Fred Hannahs." Mr. Hannahs made some additional comments. He said that the remodeling on the site had gone on since 1999, adding that Mr. Garay keeps "moving the goal posts" so that the project is never completed. He said the ~riginal house was gone; that there had been at least seven variances granted by the Design Review Board which, when confronted with testimony by the neighbors, said they could only review the application before them [and not the cumulative impact on the neighborhood] . Hannahs said that the "damage has been done" and that his property had been devalued. He said that the Council must find a way to prevent this happening to other neighborhoods, through ordinance or policy. He pleaded with the Council to put an end to the "parade of variances and administrative issues." DRAFT Town Council Minutes #08-2008 May 21, 2008 Page 10 of 18 Council asked Mr. Hannahs ifhe could see the glow from the skylights. He said not really, perhaps a dull glow, but that it was less than it was. However, he warned that there might be a different effect when the proj ect was finished. Ruben Becker, attorney representing the Hannahs, agreed that it was difficult to judge the interior lighting at this stage of the project; he suggested that the Council not decide this particular issue until the project was finished and then view it with the lights turned on. Paula Little, uphill Ridge Road neighbor, said that since the Garays had purchased the home in 1995, there had been non-stop changes to the property. She said that this was not the way she and her neighbors wished to spend their lives. She said that the neighbors should feel secure in their homes but that "bad things have happened" which precluded this. With regard to the shrouds and panels, Mrs. Little said that there should be mock-ups rather than "strings." She said that the roofline was not attractive and had 15 skylights; she said that the skylights were not evident in the drawings provided by Mr. Garay. John Posin, Ridge Road, said that although he could not see 430 Ridge Road from his home, the process is "flawed" to allow a remodel to take a decade to complete. He said that this project was a "poster child" for a problem project that "tortures neighbors." Diana Cavalieri, neighbor downhill from the project, said that "enough is enough." She said that she was tired of slides, rocks rolling downhill onto her property, steel beams swinging over head, loud noises, radios blaring from workers, dust and noise. She said that the time comes when "tolerance becomes acquiescence" and asked the Council to consider her plea. Rose Rhodes, another neighbor, also asked the Council to consider the negative effects of the project on the neighborhood. Mark Swanson, general contractor for the Garay's, said he did write Mr. Hannahs a response letter and he asked to read his letter into the record: "5/19/2008 Dear Mr. Hannahs: I am writing this letter in response to your correspondence dated 5/14/08, which I received from you at your home on 5/16/08. In your letter, you express concern with regards to having not been provided adequate information so as to make an informed decision on the skylight shroud removal and the panel extensions as requested by my clients, Mark and Lynn Garay. I would like to provide you with a recap of the information that has been exchanged and the meetings that have taken place regarding this matter. With that, it is my hope that you will feel better informed and thus can potentially make a decision that you are most comfortable with, based upon the facts. On March 28th, I sent you the following email: Hi Fred: DRAFT Town Council Minutes #08-2008 May 21,2008 Page 11 of 18 We have strung a yellow line along the top of the north elevation of the house to show the proposed elevation of the panels. The windows that you see currently installed below the string line will have a opaque "frosted" glass installed in front of each of them that extends up to the height of the string. Just beyond this string (to the south) you will now see two skylights installed. The skylight closest to the garage is one of the skylights that the Garay's propose to eliminate. This is the "Au Pair's" skylight. The skylight centered behind the string is above the girl's bathroom. This skylight is to remain, and this skylight is the one that the Garay's would like you to approve the removal of the shrouds from. Tonight, and throughout the weekend, I am going to illuminate this bathroom so that you and Mrs. Hannahs can see the amount of light, if any, that will be visible from the skylight, without the shrouds. I feel that it is of significance to note that this bathroom is to be used by the Garay's two young girls, and that the lighting will be installed on a timer. Thus, the lights would not be left onfor extended periods of time due to the timer, and since children typically sleep during the night hours, the opportunity for lighting to be on during the evening hours is limited. In addition to the above, the skylight is sloped away from your property, which should further reduce any light visibility. If you look to the left (east) of the girl's bathroom skylight, you will see a "curb" that extends out from behind the clerestory. This is the powder room skylight and the Garay's are also willing to eliminate this skylight as part of the proposal. To reiterate, the Garay's would be willing to eliminate the Au Pair's skylight and the Powder room skylight. In exchange, they are asking for you to allow the removal of the shrouds at the girl's bathroom, and the approval of the stone panels and opaque glass to the height of the yellow string line. Please note that this string line is not as tall as the adjacent roof heights. I will bring photographs and a rendering of this detail to you for further study, should it help in explaining this scenario. Sincerely, Mark Swanson" Two days later, on Sunday, March 30, 2008, Mr. Garay sent you the following email (which I have retyped in this letter): "Dear Fred, It's 8:44 pm and I am standing at the top of your driveway looking down over your home at our roof I can see the lights burning in the au pairs and kids bedrooms through the slotted windows but can't see any light emitting from the skylights. I trust that you are looking at the same conditions and that any concerns you have had over light pollution are now dispelled. I am pleased that the tilt and tint of the skylights worked to mitigate any potential light intrusion and that you will not be disturbed. I have taken photographs and would appreciate you doing the same if your point o/view is any different. Please feel free to contact me should you have any questions or concerns. If you are still opposed to removing the shrouds at the front skylights, I would be pleased to meet with you and the Council member's tomorrow night to view this and discuss it. Sincerely, Mark Garay DRAFT Town Council Minutes #08-2008 May 21,2008 Page 12 of 18 On Monday, March 31, 2008, I stopped by your front door to check in and make sure that you had received all of the materials and to be sure that you had viewed the skylights during the evening hours to see if any light was emitting from them. I also asked if you would like me to point out any of the roof top details from your property location so that you could be sure to understand clearly what it is that we are talking about. I then invited you down to the house so that you could see any conditions or details related to this matter up close. I was pleased that you and Mrs. Hannahs accepted my invitation and hoped that your visit would answer any remaining questions that you may have had. While on the Garay property, I showed you the skylights in question, opened up the plans and reviewed the roof plan with you, produced copies of the shroud details for your review, showed you the planned panel locations, explained the string line elevations, walked you through the interior of the house to again review skylight locations, reviewed the planned panel finish materials with you and answered any and all of the questions that you had. I felt as if I had adequately addressed all of your questions and concerns, and was not under the impression that any items remained unclear. During the month of April, we did not correspond about this issue and you did not inquire about any related details. This gave me the impression that you were content with the information and physical displays provided. We continued to illuminate the house during the evening hours last week (the week of May 12th) during which we had meetings scheduled with the Town Council members. It is my understanding that you met with Mayor Slavitz during the evening hours of May 1 ih. On Friday, May 16tgh (last Friday) you called me and asked me to visit with you as you had several items for me, one of which was the letter dated May 14th, 2008 to which I am responding. During our meeting, I asked you if you had noticed any light illumination from the skylights during your meeting with Mayor Slavitz and you replied that it wasn't quite dark enough to really tell, but that you noticed a "glow. " I did take photos while you were meeting with Mayor Slavitz, which are attached below. The time was about 9:10 p.m. and it appeared to be very dark out. Perhaps these photos will give you a better perspective of the conditions at that time. " Mr. Swanson thanked the Council for being able to read the letter into the record. He said that from his point of view, the project had not been going on for nine or ten years, but from when they received their permit 20 months ago. Also, he said he was not speaking on the Garay's behalf but as a member of the public and as an experienced contractor building homes for 21 years. Swanson said that what they have is a fairly simple design. He said the question is whether removal of the shrouds would cause unreasonable amounts of light pollution and whether raising the stone panels would cause a negative aesthetic impact to the neighbors. He said that the raised panels were an improvement and that it had been clearly demonstrated that there was no evidence of light pollution from the skylights. He said the shrouds were costly and would not add anything but time and expense to the schedule. Mr. Hannahs asked Mr. Swanson whether he had shown the skylights to the Council in a closed or open position. Mr. Swanson said that the Council had viewed them in the closed position. Councilmember Gram asked how the skylights were opened. Mr. Swanson said that they were opened by a crank, approximately five inches, away from the Hannahs view and toward the water side. He said that they were not on a level for drainage purposes. Mayor Slavitz closed the hearing and opened the rebuttal period to the appellant. DRAFT Town Council Minutes #08-2008 May 21,2008 Page 13 of 18 Mark Garav expressed dismay at the instances of character assassination, lies, untruth and personal attacks on him. However, he said that wanted to move on and deal with the objective facts and issues before the Council tonight. Mr. Garay said that Mr. Hannahs had made it clear that he did not see any light from the skylights. Mr. Garay said he believed no Councilmember had seen light from the skylights, either. He said that Councilmember Berger, who had stepped down, sent an e-mail which is part of the record which acknowledges that he was out on the front porch of Mr. Hannahs' home and that Mr. Hannahs told him he did not see any light emanating from the skylights. Mr. Garay said he did not know what more he could say on this subj ect. In terms of the requested eight 8 inches of the panel heights, he said this was an insignificant amount and that all they do is take up more of the roofline. He said the shrouds were intended to deal with the potential of light pollution which longer was an issue, so the shrouds are no longer necessary . Councilmember Fredericks raised a question about whether the shrouds were necessary to conceal the skylights. Mr. Garay said the skylight profile is relatively low and that there is a curb about six inches high and then the skylight itself is a dark or bronze metal of another eight inches high. He presented a picture of an unfinished roof but said that on the finished roof, they "hot mop" the curb of the skylight and bring the stone up on the curb. Mr. Garay said he would be happy to answer any additional questions of Council. Mayor Slavitz clarified with Mr. Garay that all of the skylights are operable, and that they crank open to a height that is less than a full 90 degrees; that there would be no light impact because the curb the Hannahs are looking at is higher than where the skylight would settle. Mr. Garay confirmed none of the skylights were open when the Council visited the property. He invited the Council was invited to revisit the house when the skylights were open, if they thought it would make a difference. Councilmember Collins confirmed with Mr. Garay that the home is not air conditioned. Vice Mayor Fredericks asked for clarification on the change of the height of the panels off the roofline. Mr. Garay said he had originally applied to make them 17 inches higher than the approved roofline, but tonight they are asking for a reduction down to 8 inches, which is something that had been put into the file previously through communications with staff. Mayor Slavitz closed the public hearing. Vice Mayor Fredericks said she could not find such a reference [to the height of the panels] in the staff report, and questipned if the request was being brought forth as a verbal request. Town Attorney Danforth said the original application requested 15 inches. She said she was not aware of any official communication with the eight-inch number, but since eight is less than 15 inches, the Council would be free to approve this if it so wishes. Vice Mayor Fredericks said in the past the panels were being offered instead of the shrouds to hide the skylights so a reduction in height to eight inches mayor may not be an advantage, depending upon what everybody thinks about light pollution. DRAFT Town Council Minutes #08-2008 May 21,2008 Page 14 of 18 Town Attorney Danforth said she believes this was a somewhat different issue. Originally the panels were raised to mask the shrouds that were immediately behind them. The June 2007 application asked for a IS-inch increase in height. If the Council decides to remove the shrouds as well as approve an increase in height, it would not be a light pollution issue. Vice Mayor Fredericks said at the staff level, there was approval of installing a IS-inch panel and it was also mentioned that if the panels were put up, then it would be okay to consider removing the shrouds. She questioned if this was the procedural posture of the issue now notwithstanding what the Council is being asked to do. She said that so many changes made for confusion as to what was being decided. Community Development Director Anderson said staff is not aware of any subsequent proposal to reduce the height. He said that what was before the Council is a de novo hearing of what went before the Design Review Board. Vice Mayor Fredericks asked whether the Council should even consider it [panel height]. Councilmember Gram said "shroud" was a rather morbid term, and questioned how high they would be or if they had even been designed. Associate Planner Tyler said what was on top of the roof were mock-ups, so it is unclear exactly how high an actual shroud, as constructed, would be. Mayor Slavitz said he thought he read that the shrouds were supposed to be a certain number of inches above the skylight and he questioned if there was a typical dimension used. Community Development Director Anderson said staff would attempt to determine that height from the building permit construction drawings. Councilmember Gram stated that he had no problems with the light emission as demonstrated. Gram said that he is pretty sure that when the real down lights are installed they would not pose a problem, but he asked if there was a way for the Council to provide some sort of protection so that once the skylights are lit up, the Town could require the applicant to address any possible lighting problems. Town Attorney Danforth suggested that one means would be to require that before the project receives its final occupancy permit, staff verify that the lighting visible from the skylights is no greater than it is now with the demonstration lighting. She said the Council could have staff view the skylights in both open and closed positions and verify it. Councilmember Gram said he is convinced this is not a problem having seen the demonstration, but agreed with the neighbors that they do not have the final configuration. Town Attorney Danforth said this could be added to conditions of approval based on Council's desire. She said staff would return with a resolution to the Council which would include all conditions of approval. Councilmember Collins said he had some issues with the settlement letter. He said that when he looked back at the application itself, the description of the project indicates they are applying to raise approved stone panels at north elevation by 15 inches to conceal skylight shrouds. This was approved by staff and appealed by the Hannahs. Collins said that at the Design Review Board hearing, Mr. Garay said the only issue before the Board was consideration of the appeal and raising the stone panels at the front of the house. Then, according to Collins, the settlement agreement dated February 25, 2008 stated that the Town Council will hold a de novo hearing on the merits of the appeal within 60 days of the DRAFT Town Council Minutes #08-2008 May 21,2008 Page 15 of 18 application. He said the direction from the Town Attorney to the Council is to address the issue of the raising of the panels. He said there was an email dated May 20th from Ann Danforth to Mr. Garay stating that the sole issue is that of the height of the panels. He felt the Council is here for that purpose; however, the Council can discuss the shrouds. Vice Mayor Fredericks commented that the shrouds were still an issue for the applicant and that it is her understanding that the matter may end up in court. Councilmember Collins believed the Council should act on the matter, stating he did see a bit of a glow from the skylights on the left side, but the house is not finished. He said he was not sure whether light would show up, particularly if the skylights are in the opened position, which the Council has not yet seen. V ice Mayor Fredericks said with the light model they were asked to look at, she did not see much light either. She thought she saw a little bit off on one side, but her problem is that the rooms were very dimly lit and she questioned whether the model was a good one to judge from. She also said she was concerned with respect to not having a good grip as to what the lighting mayor may not be in the final project. Fredericks said she felt it was very hard for the applicant to prove that there is no light; however, she said these kinds of considerations by the DRB and Council are meant to protect the neighbors. Fredericks said that although the shrouds are very expensive, the original application for the higher panels really could take the place of the shrouds in a central section. So, if they didn't have the shrouds there and you had the higher panels, if there was light, there is a good possibility that those panels would screen them. The Vice Mayor said the panels originally proposed were supposed to be high enough to provide adequate screening and also not be higher than the tallest edge of the roof so they would not disturb the view. She said that the glass was engineered to minimize light intrusion and what the Council saw was no light; but, now the issue of whether the skylights will be open and it is not clear as to how effectively the engineered glass will work when the rooms are actually lit beneath. She acknowledged the skylights were not located over highly-used rooms, but nevertheless, when you are in the bathroom, people need to see themselves and tend to have bright lights. She also said what happens in her household a lot is that people leave the lights on in the closet and this could be bad, as light could emanate up from that. She understands all the lights are required in the plan, thinks that if the panels stay the way they are and there is no light dispersion, there is no need for any of the shrouds. She agreed with the suggested condition of viewing the light emissions prior to final, with skylights in both the open and closed positions. Councilmember Gram said if the house were finished, he would allow the applicant to absolutely proceed. He said Mr. Garay has made his case, but he feels the Council needs to build in protection in the end. Regarding the panels, Gram said they are permanent and still need to be designed and installed. He said if they were cut down to 8 inches, it was a gamble for the applicant. Gram said he heard the concerns of the neighbors regarding the ongoing construction. He said that he himself had been the victim of a six-year remodel project which might never end, so he encouraged Mr. Garay to finish his house and enjoy it. DRAFT Town Council Minutes #08-2008 May 21,2008 Page 16 of 18 Mayor Slavitz said he thinks the idea of leaving the shrouds for discussion until the project is complete is a great solution. He said the Council needs to make sure their decision specifies whether the skylights will be open or not because they were not seen open. Regarding the height of the panels, Slavitz said he believed either 8 or 15 inches was fine, but either way the applicant runs the risk that the shrouds may still be required. The Mayor said that the biggest message for him is that the process did not work in this particular application and that this is something that the Council, more globally, needs to address in the future. MOTION: To direct staff to return with a resolution memorializing Council's decision, with an added condition that before the project receives its final occupancy permit, staff will view the skylights in both positions and verify the lighting visible from the skylights is no greater than it is now with demonstration lighting; also, to allow the stone veneer panels, approved not to exceed 15 inches, to be cut down to eight inches. Mr. Garay acknowledged that the panels would have to be retrofitted if light was visible. Moved: Vote: Collins, seconded by Fredericks AYES: Unanimous ABSENT: None ABSTAIN: Berger ORAL COMMUNICATIONS: (Mayor Slavitz reopened public comments due to a speaker not being able to be present at the beginning of the meeting.) Sarah Barr. Senior at Redwood High School and Tiburon resident, requested the Council's support in passing a resolution in support of the suicide barrier on the Golden Gate Bridge. She said that the original design of the bridge included a suicide barrier--Joseph Strauss designed it to be practically suicide proof, but another engineer took down the barrier prior to the opening of the bridge which resulted in a suicide in its first week. She said her opinion on the issue of whether there should be a barrier or not had changed on January 9th when Casey Brooks, a 17 year old girl who lived down the street from her, jumped from the Bridge. She discussed the pressures and stresses of teenage life; she said they often see an escape and not death. She asked the Council to step up to protect its youth because the Bridge District Board had voted 7 times against a barrier. Ms. Barr said she had personally written letters to the Bridge District. She said that the other "wonders of the world" like the Eiffel Tower have suicide barriers; she asked the Council to adopt a resolution calling for the installation of one on the Golden Gate Bridge. Mayor Slavitz confirmed that no decision could be made by the Council tonight. He said that the situation was tragic and agreed there needs to be a long-term solution. He suggested that Ms. Barr make her presentation to every city in Marin County, and asked her to discuss the matter further with Town staff. Mr. Brooks said Casey was his only child; that she grew up in Tiburon and had planned to go to Bennington College, but now she is gone. He said that he was proud of Ms. Barr's work and asked the Council to support her efforts. DRAFT Town Council Minutes #08-2008 May 21,2008 Page 17 of 18 TOWN COUNCIL REPORTS - None TOWN MANAGER'S REPORT - None WEEKLY DIGESTS . Town Council Weekly Digest - May 9, 2008 · Town Council Weeldy Digest - May 16, 2008 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 9:50 p.m. JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #08-2008 May 21,2008 Page 18 of 18 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 4,2008 Agenda Item: ~_ ~ STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: 430 Ridge Road: Recommendation to Adopt a Resolution Approving Subject to Conditions a Site Plan and Architectural Review Application for Exterior Modifications to an Existing Single-Family Dwelling; Town File #707071 Reviewed By: Margaret Curran, Town Manager BACKGROUND On May 21, 2008, the Town Council heard and considered a Site Plan and Architectural Review application to construct exterior modifications to an existing single-family dwelling currently under construction on property located at 430 Ridge Road. After hearing public testimony, the Town Council directed staff to prepare and return with a resolution approving the application, with the inclusion of additional conditions of approval. The draft resolution has been prepared and is attached as Exhibit 1. RECOMMENDATION Staff recommends that the Town Council adopt the attached resolution. Exhibits: 1. Draft Resolution Prepared By: Laurie Tyler, Associate Planner RESOLUTION NO. DRAFT-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A SITE PLAN AND ARCHITECTURAL REVIEW APPLICATION FOR EXTERIOR MODIFICATIONS TO AN EXISTING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 430 RIDGE ROAD WHEREAS, on June 1,2007, Planning Division Staff received a Site Plan and Architectural Review application (the "Application") for an exterior modification to raise several stone veneer panels fifteen inches at the front (north elevation) of an existing residence located at 430 Ridge Road. The Application was submitted by property owners Mark and Lynn Garay ("Applicants"); and WHEREAS, on June 19, 2007, Planning Division Staff approved the Application with the condition that gave the Applicants the option to remove the skylight shrouds behind the raised stone veneer panels; and WHEREAS, on June 26,2007, the adjacent neighbor to the Applicants located at 440 Ridge Road filed a timely appeal of this decision to the Design Review Board; and WHEREAS, the Design Review Board held a duly noticed public hearing for the appeal on July 19,2007, and after receiving public testimony, determined that the raised stone veneer panels would not effectively screen the skylights from the uphill neighbors, and that therefore the shrouds should remain; and WHEREAS, based on the above finding, the Design Review Board voted 4-0 to grant the appeal, thus denying the extension of the raised panels and causing the skylight shrouds to remain in place; and WHEREAS, on November 1, 2007, the Applicants filed a petition for writ of mandate, Marin Superior Court No. CV 075196, (the "Complaint") challenging the Design Review Board's decision, asserting that there was no substantive evidence in the record to support the Design Review Board's findings to grant the appeal and deny the Applicants request to modify the exterior of the residence; and WHEREAS, as a compromise settlement of the case, the Town and the Applicants agreed that the Town Council would hold a De Novo hearing on the merits of the Application after which the Applicants would dismiss the Complaint in its entirety with prejudice; and WHEREAS, the Town scheduled the hearing on the Application on April 2, 2008. On that same date, Applicants requested that the Application be amended to include removal of the skylight shrouds on other portions of the residence than where the stone veneer panels were EXHIBIT NO. , TIBURON TOWN COUNCIL RESOLUTION NO. DRAFT-2008 --/--/2008 proposed to be extended, and further requested that the Town continue the hearing to allow the Town to consider this new request; and WHEREAS, Applicants subsequently requested that the Application be further amended to include removal of all skylight shrouds on the residence; and WHEREAS, on May 21,2008, the Town Council of the Town of Tiburon held a duly- noticed public hearing on the merits of the Application and the subsequently-made requests to amend the Application; during which public testimony was heard regarding the project and the Design Review Board's review of the Application; and WHEREAS, after hearing all testimony and reviewing all documents in the record, the Town Council determined that the increased height of the proposed raised stone veneer panels would not block views from the uphill residence at 440 Ridge Road and therefore approved Applicants' request to raise the panels up to 15 inches in height; and WHEREAS, the prior Site Plan and Architectural Review approval for the residence had required shrouds for all skylights to avoid off-site light pollution to the neighbors. The Council could not determine on the evidence before it whether some or all of the previously-required shrouds would be necessary for this purpose; and WHEREAS, based on the above findings, the Council voted 4-0 to direct Staff to return with a draft Resolution conditionally approving the amended Application, subject to conditions imposing a maximum fifteen inch height limit for the extension of the stone veneer panels and subject to verification by Staff prior to occupancy that the skylights would not emit light that is visible off-site, both in the fully open and fully closed positions. NOW, THEREFORE BE IT RESOLVED, that the Town Council of the Town of Tiburon does hereby approve the Application, as amended, subject to the following conditions: 1. The stone veneer panels may be raised a maximum of fifteen inches (15") in height, measured from the existing roof line. 2. Following installation of the extended stone veneer panels, but prior to issuance of an occupancy permit for the residence by the Building Division, Town staff shall view the residence from the neighbors' properties after dark, with all interior lighting installed and turned on, to determine which skylights, if any, emit light that is visible off-site. Staff shall view the residence with all skylights fully open and with all skylights closed. If Town Staff determines that light from the skylights is visible from off-site, the Applicants shall install shrouds as required and directed by Town staff to shield any skylight(s) that emit(s) such light. 3. Applicants shall dismiss the Complaint with prejudice within ten (10) days of the adoption of this resolution. TIBURON TOWN COUNCIL RESOLUTION NO. DRAFT-2008 --/--/2008 2 4. If this approval is challenged by a third party, the property owner/applicant will be responsible for defending against this challenge. The property owner/applicant agrees to defend, indemnify and hold the Town of Tiburon harmless from any costs, claims or liabilities arising from the approval, including, without limitations, any award of attorney's fees that might result from the third party challenge. PASSED AND ADOPTED at a regular meeting of the Town Council on 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. DRAFT-2008 --/--/2008 3 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 4,2008 Agenda Item: (C- 3 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Approve Services Agreement for Biological Review and Mitigation Monitoring Services For Tiburon Court Subdivision Reviewed By: SUMMARY The Town is processing the parcel map and subdivision improvement drawings for the Tiburon Court Subdivision located off Trestle Glen Boulevard. The site has certain biological sensitivities and mitigation measures and conditions of approval require professional biological services both for the review of application materials and drawings dealing with biological impacts as well as mitigation monitoring during installation of the subdivision improvements. The project sponsor is responsible for all costs for these services and will deposit the funds with the Town; however, the independent consultant will be under direct contract with the Town, not with the project sponsor. Staff has solicited and received three informal price quotations for the biological services. These were as follows: Environmental Collaborative: Zitney & Associates: Live Oak Associates: $14,900 $17,800 $19,000 Staff recommends that the firm of Environmental Collaborative be selected to perform the work. This firm has an established track record in biological work in Tiburon and Marin County, and is especially responsive on smaller projects. RECOMMENDATION Approve the recommended selection and authorize the Town Manager to execute an agreement for professional services with Environmental Collaborative at an amount not to exceed $14,900. Prepared By: Scott Anderson, Director of Community Development ~ TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting June 4, 2008 Agendaltem:rfl_1 STAFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Introduction of FY 2008-09 Municipal Budget Reviewed By: BACKGROUND A draft of the Fiscal Year 2008-09 Municipal Budget is attached for your consideration. It includes a cover memorandum from the Town Manager that summarizes its key elements. Staff will make a presentation on the proposed budget at the June 4 Council meeting and answer any questions. The final draft and enabling Resolutions will be brought to the Council for adoption at the June 18, 2008 regular meeting. RECOMMENDATION Staff recommends that the Town Council: Hear the report by staff summarizing the proposed FY 2008-09 Municipal Budget and open the matter for public hearing. Exhibits: Draft FY 2008-09 Budget Prepared By: Heidi Bigall, Director of Administrative Services *' /~~ 0 j)(oET (~Ol( E~ A V,4(L'J/fJLE ~ '7ZJlJAI If1t-& TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 2. STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Attorney Subject: Recommendation to Pass Second Reading and Adopt Contract Ordinance Amendment Reviewed By: BACKGROUND AND ANALYSIS The proposed ordinance would replace the existing Chapter 3A, governing Town Contracts, with a new Chapter 3A. The new ordinance reflects changes in state law and the effect of inflation on contract values and clarifies the Town's contract procedures. No members of the public spoke regarding the ordinance. On May 21,2008, the Council introduced and unanimously passed first reading of the ordinance. RECOMMENDATION Staff recommends that the Council: 1. Conduct a public hearing on the proposed new ordinance; 2. By motion, read the ordinance by title only; and 3. Pass second reading and adopt the ordinance by roll call vote. Exhibits: Draft Ordinance Adopting New Chapter 3A Prepared By: Ann R. Danforth, Town Attorney . . EXHIBIT 1 ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REPEALING THE EXISTING CHAPTER 3A AND ADOPTING A NEW CHAPTER 3A GOVERNING TOWN CONTRACTS The Town Council of the Town of Tiburon does ordain as follows: SECTION L Chapter 3A of the Tiburon Municipal Code is hereby repealed SECTION 2. Chapter 3A of the Tiburon Municipal Code is hereby adopted to read as follows: Article I. General Provisions 3A-l Definitions. As used in this chapter, the following terms are defined in this section: "Contract" means any binding agreement between the town and any individual, public agency, corporation, partnership or other entity. Contract shall also mean, without limitation, any document which purports to transfer liability to the town or in which purportedly obliges the town to indemnify, defend and/or hold harmless any individual, public agency, corporation, partnership or other entity. "Formal bidding" means a contractor selection procedure that substantially complies with the process set forth in Article V of this chapter for public works projects. "Informal bidding" means any non- formal contractor selection procedure authorized by this chapter. A "major public works contract" means a contract for a public works project whose value exceeds one hundred twenty-five thousand dollars. A "minor public works contract" means a contract for a public works project whose value does not exceed one hundred twenty--five thousand dollars. This threshold of $125,OQO that distinguishes major from minor public works projects shall be automatically adjusted to conform to the maximum set by Section 22032(b) of the Public Contracts Code or its successor statute for projects that may be let by informal bidding. Except where otherwise indicated, "public works project" means any project meeting the definition of a "public project" under section 22002 of the Public Contracts Code, as amended, or any successor statute. 3A-2 General requirements. a) No contract shall be valid or binding upon the town unless it is entered into and executed in accordance with this chapter. (b) Notwithstanding anything in this chapter to the contrary, no contract shall be valid or binding upon the town unless it has been approved as to form by the town attorney prior to execution on behalf of the town or unless, in the town manager's judgment, there are special circumstances such that the town's interest in entering into the contract on an expedited basis render it impracticable to obtain the town attorney's approval. (c) The Town need not use formal or informal bidding to award a contractor except as expressly required by this chapter. 3A-3 Contract authority of the town manager. The town manager is authorized to negotiate and execute on the behalf of the town, without prior approval of the town council, any contract: (a) For purchases, general services, public works, professional services or employment, or community, social or recreational services, and the total expenditure does not exceed forty thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract; (c) For the lease of town property for a period of less than six months, or for the use of town property or facilities for a period not to exceed five days, in accordance with town policy, which require no payment of money by the town; (d) For settlement of a claim or litigation against the town, after consultation with the mayor, where the total expenditure does not exceed ten thousand dollars; . ( e) Allowing the right of entry onto town property. 3A-4 Contract authority of department heads. (a) The director of public works shall be authorized to negotiate and execute contracts for the town for budgeted services, public works, supplies, materials and equipment required by his department up to a maximum of ten thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient to pay the expense of the contract. (b) The chief of police, director of administrative services, town attorney and community development director shall be authorized to negotiate and execute contracts for the town for budgeted services, supplies, materials and equipment required by their respective departments up to a maximum of five thousand dollars, provided that such monies have been appropriated or budgeted for such purpose and there is an unexpended and unencumbered balance of such appropriation sufficient "to pay the expense of the contract. (c) The town manager shall have discretion to lower the contract authority maximums in this section by written to the town official or officials involved, with a copy of said notice to the director of administrative services and the town attorney. 3A-5 Emergency contract procedures. (a) Except as set forth in subsection (b) and (c) of this section, the town manager is authorized to . negotiate and execute on the behalf of the town, without prior approval of the town council, any contract for emergency purchases, services or public works projects, where the amounts are greater than set forth in Section 3A-3(a) of this chapter. If the emergency requires letting a contract before the council can be convened, the town manager shall have the authority to let the contract notwithstanding the procedures set forth in subsection (b) and (c). In an emergency situation, this authority shall extend beyond appropriated or budgeted funds to the extent necessary to protect the health and safety of persons or property. (b) In the event of any emergency, the town council may proceed to enter into a contract for a minor public works project without giving notice for bids to let contracts. (c) In case of an emergency, the council may pass a resolution by a four-fifths vote of its members declaring that the public interest and necessity demand the immediate expenditure of public money to safeguard life, health or property. Upon adoption of the resolution, it may expend any sum required in the emergency without complying with this chapter. 3A-6 Rejection of price quotations and bids . The town manager shall have discretion to reject any or all price quotations or bids presented for any contract for purchase of supplies, materials and equipment or for services. If the town manager rejects all price quotations or bids, the town manager may, in his discretion, re-advertise for new price quotations or bids. If the town manager determines that the amount of price quotations or bids was excessive, he may enter into a contract at a lower price without re-advertising for price quotations or bids within his contract authority. In the event that such lower price exceeds the contract authority of the town manager, the manager may refer the contract at such lower price to the town council for award or take such alternate action with respect to the purchase as he determines to be in the town's best interests. Article II. Purchase Contracts for Supplies, Materials and Equipment . 3A-7 Purchasing procedures. (a) Purchases of supplies, materials and equipment that exceed thirty thousand dollars shall, whenever practicable, be based on at least three price quotations and shall be awarded on the basis of the price quotation most advantageous to the town. Price quotations may be solicited by direct mail requests to prospective vendors or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include, without limitation, the quality and performance of the subject supplies, materials and equipment; the ability of the vendor to complete the transaction in a timely fashion; quality of the vendor's performance in past transactions with the town or others; and the ability of the vendor to provide future maintenance, repairs, parts and service. (c) Price quotations shall not be required in any of the following circumstances: (1) In the judgment of the town manager, the solicitation of price quotations would for any reason be an idle act; (2) The purchase is for supplies, materials or equipment that can only be obtained from one vendor or manufacturer; (3) In the judgment of the town manager, there exist particular time considerations such that it appears likely that the solicitation of price quotations would be contrary to the interests of the town. 3A-8 Optional alternative procedure for purchases which exceed twenty-five thousand dollars. For purchases of supplies, materials and equipment that exceed twenty-five thousand dollars, the town manager shall have the discretion to select a vendor pursuant to a formal bidding process, if the town manager determines that such a process is likely to be to the advantage to be in the town's interest. Such procedure shall incorporate the methods used for selecting a contractor for a public works project by formal competitive bidding, as determined to be applicable by the town attorney. Article III. Contracts for Services 3A-9 Service contract procedures. (a) Service contracts that exceed thirty thousand dollars shall, whenever practicable, be based on at least three price quotations and shall be awarded on the basis of the price quotation most advantageous to the town. Notwithstanding the foregoing, contracts for environmental review services may be let on the basis of two price quotations. Price quotations may be solicited by direct mail requests to prospective service providers or by telephone. (b) The town may consider factors other than price in determining the most advantageous price quotation. These factors shall include, without limitation, the quality and performance of the subject services, the ability of the provider to provide the services in a timely fashion; the quality of the provider's performance in past transactions with the town or others; and the ability of the provider to provide future related services that the town may require. (c) Price quotations shall not be required in any of the following circumstances: (1) In the judgment of the town manager, the solicitation of price quotations would for any reason be an idle act; (2) The contract is for services that can only be obtained from one provider; (3) In the judgment of the town manager, there exist particular time considerations such that it appears likely that the solicitation of price quotations would be contrary to the interests of the town. Article IV. Minor Public Works Contracts 3A-I0 Minor public wo!ks contracts which do not exceed thirty thousand dollars. Minor public works contracts that do not exceed thirty thousand dollars may be performed by the employees of a public agency by force account, by negotiated contract, or by purchase order. 3A-ll Informal bidding for minor public works contracts which exceed thirty thousand dollars. Minor public works contracts that exceed thirty thousand dollars shall be let according to this section. (a) The town shalllnaintain a list of qualified contractors, identified according to categories of work. This list shall comply will all criteria established by the California Uniform Construction Cost Accounting Commission. e..i" . ..'.'........ .-' ...... . (b) All contractors on the list for the category of work being bid or all construction trade journals specified in section 22036 of the California Public Contracts Code, or both all contractors on the list for the category of work being bid and all construction trade journals specified in section 22036 of the California Public Contracts Code shall be mailed a notice inviting informal bids unless the product or service is proprietary. (c) All mailing of notices to contractors and construction trade journals pursuant to subsection (b) of this section shall be completed not less than ten calendar days before bids are due. (d) The notice inviting informal bids shall describe the project in general terms, how to obtain more detailed information about the proj ect and state the time and place for the submission of bids. (e) The town manager shall have the authority to award informal contracts to contractors selected pursuant to this section. (f) If all bids received are in excess of one hundred twenty-five thousand dollars ($125,000), the Town Council may, by adoption of a resolution by a four-fifths vote, award the contract, at one hundred thirty-seven thousand five hundred dollars ($137,500) or less, to the lowest responsible bidder, if it determines the cost estimate of the public agency was reasonable. If the lowest responsible bidder's bid exceeds one hundred thirty-seven thousand five hundred dollars ($137,500), or if the Council does not adopt the necessary award resolution by four-fifths vote, the Town shall re-bid the project using the formal bidding procedure The dollar amounts set forth in this subsection (f) shall be automatically adjusted to conform to the maximum' set by Section 22034( f) of the Public Contracts Code or its successor statute regarding informal bidding ordinances. 3A-12 Alternative procedure--minor public works contracts. Notwithstanding anything in this article to the contrary, the town manager shall have discretion to let any public works contract by formal bidding as described in article V. of this chapter. Article V. Major Public Works Contracts 3A-13 General. Major public works contracts shall be let by formal competitive bidding as required by the Local Agency Public Construction Act, Public Contracts Code sections 20100 et seq. . 3A-14 Notice inviting bids. The notice inviting bids shall set a date for the opening of bids and shall be published at least twice, not less than five days apart, in a newspaper of general circulation, as required by statute. The first notice shall be published at least ten days prior to the date of opening of bids. In addition to the foregoing, the notice shall be published in such other newspapers and journals as the town engineer determines are likely to solicit the most favorable bids. 3A-15 Bids--Rejection and re-advertisement. The council shall have the discretion to reject any bids presented and readvertise. After rejecting bids, the council may pass a resolution by a four-fifths vote of its members declaring that the project can be performed more economically by the town's own forces, day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, the council need not readvertise and may have the proj ect done in the manner stated without further compliance with this chapter. ~\ .. 3A-16 Choice of identical bids. If two or more bids are the same and the lowest, the council may accept the one that it chooses. 3A-17 No bids received. If no bids are received, the council may have the project done without further compliance with this chapter. 3A-18 Bidders--presentation and security. (a) All bids shall be presented under sealed cover. (b) All bids shall be accompanied by bidder's security in an amount equal to at least ten percent of the amount bid. The security shall be in the form of cash, a cashier's check payable to the town, a certified check payable to the town or a bidder's bond executed by an admitted surety insurer, payable to the town. A bid will not be considered unless accompanied by the required security. Offi ~!~:-:~,,~~- ." '",?i'; (c) If the successful bidder fails to execute the contract, the amount of bidder's security shall be forfeit to the town except as otherwise may be provided by law. SECTION 3 SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconsti tuti onal. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage. Pursuant to the provisions of Government Code Section 36933, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days . days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on May _, 2008, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2008, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR Town of Tiburon DIANE CRANE IACOPI, TOWN CLERK '7