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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavit afte( t e regu . eeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednes ay, October 1, 2008, i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Berger, Fredericks, Gram, Slavitz
Collins
PRESENT:
EX OFFICIO:
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Planning
Manager Watrous, Director of Public W orks/ own
Engineer Nguyen, Chief of Police Cronin, Town
Clerk Crane Iacopi
Prior to the regular meeting, beginning at 7:20 p.m., the Town Council met in closed session to
discuss the following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Tiburon Neighborhood Coalition v. Town ofTiburon (Congregation Kol Shofar)
PUBLIC EMPLOYEE PERFORMANCE EVALUATION - continued to 10/15/08
(Section 54957)
Title: Town Manager
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION" IF ANY
Mayor Slavitz announced that the Town Council had authorized the Town Attorney to settle the
Kol Shofar lawsuit and to enter into a stipulation reflecting the settlement.
ORAL COMMUNICATIONS
None.
C;~iJrown Council Minutes #16 -2008
October 1,2008
Page 1
CONSENT CALENDAR
,
1. Town Council Minutes - Adopt minutes of September 17, 2008 meeting (Town Clerk
Crane Iacopi)
MOTION:
Moved:
Vote:
To adopt Consent Calendar Item No.1.
Fredericks, seconded by Berger
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
ACTION ITEMS
1. Zelinsky Playground - Consider replacement of the school-age children's play structure
in Zelinksy Playground at South of Knoll Park (Community Development Department!
Public Works Department)
Director of Public Works Nguyen gave a brief overview of the project. He also said that a significant
portion of the project would be financed with private donations; $90,000 of the estimated $165,000
had already been raised by an ad hoc citizen's committee.
Nguyen said that the project was exempt from CEQA guidelines pursuant to Section 15302
(Replacement & Reconstruction); he said that the project would be completed by Spring 2009, if
approved.
MOTION:
Moved:
Vote:
To approve the Zelinsky Playground replacement project, as presented.
Gram, seconded by Fredericks
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
2. Town Logo & Signage Program - Presentation by Keilani Tom Design Associates of
proposed graphic image for Town Logo and Signage Program and request for direction
to staff (Town Manager Curran)
Town Manager Curran said that at the staff retreat in July 2007, the Town Council discussed the
issue of logo and signage and agreed that the town's current "shark" logo was in need of
modernization and that town signage would also benefit from an overhaul in graphic design and
content. Curran said that staff was directed to develop an approach would include the
development of a new Town logo. To this end, the Council appropriated funds in the 2007-08
budget, as well as the current fiscal year's budget, for this purpose.
In December of 2007, Curran said an RFP was issued to graphic design firms. She said that
Keilani Tom Design Associates was chosen to develop a graphic image first, and eventually a
sign program, for the Council's consideration. An advisory committee, consisting of
Councilmember Berger, Design Review Board member Frank Doyle, Heritage & Arts
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 2
Commissioner Patricia Navone, former Mayor Bruce Ross, Landmarks' Society member Janice
Anderson-Gram, Chamber of Commerce President Jim Allen, and Town Man~ger Curran, met
with Ms. Tom over several months. Curran said that the next step in the process was to conduct
a review of the committee and designer's work by the Council and the public.
Ms. Curran said that the Council might want to consider retaining the current Town logo as its
official seal; she pointed out that the Town Municipal Code incorporates the "shark rampant" as
its official seal. She said that for signage and other uses, a new graphic image might be
implemented.
Councilmember Berger said that the designer had challenged the committee members to envision
the way people actually experienced Tiburon in developing a new design; he said that the shark
image did not invoke for him the way people think of the town and the pride they have in living
here.
The Town Manager introduced Ms. Tom, who thanked the committee for its collaborative effort.
She said that her firm had been in business for 25 years and had done work for the cities of San
Francisco, Los Angeles, and Concord, among others.
Ms. Tom reiterated Councilmember Berger's remarks; she said that the committee members had
completed a questionnaire that asked about Tiburon' s image, past and present, and its values.
From this questionnaire, Ms. Tom said the images that emerged were of water, hills, open space,
St. Hilary church landmark, marinas, sailboats, yachts, the railroad, Mt. Tamalpais, Main Street,
and a sense of community. She said that the shark was not seen as an appropriate image and she
was directed by the committee not to use it. She said that the large palm tree downtown was seen
as an important historic symbol.
Ms. Tom said that a good logo must be memorable, legible, easy to read and reproduce, read well
in different sizes, and should distinguish itself from other cities in Marin. She said it could be
used for signage, the Town's website and stationery, among other things.
Ms. Tom unveiled two versions of the proposed logo; she talked about its versatility and uses;
she pointed out that the images were iconic and not meant to be pictorial or to scale. She said
that the proposed logo was the culmination of several months of work and over 50 iterations.
Vice Mayor Fredericks said that overall she thought the proposed logo was outstanding.
However, because of the way the buildings were shown in the logo, she thought people would
think Main Street was actually in Belvedere. She also said that the word "California" did not
seem to be centered in one version. (Councilmember Berger said that this was an optical
illusion. )
Councilmember Gram agreed that Main Street looked like it was in Belvedere; he said that it
didn't "look like" Main Street.
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 3
Councilmember Berger said that the committee had grappled with this aspect of the design and
how to fit all of the important components into the image. He reiterated that it was iconic rather
than geographically correct.
Mayor Slavitz also said that he agreed with Councilmember Gram and said that this was
important because that the focal point of the proposed logo was Main Street.
The Mayor asked whether featuring an image of a church, Old St. Hilary's, was appropriate for a
town logo.
Councilmember Berger said that the committee had discussed this and had concluded that it was
not an issue; Town Manager Curran added that the church had been deconsecrated and was now
an historic landmark, rather than a church.
Mayor Slavitz opened the item to public comment.
Peggy Bremer, Heritage & Arts Commission Chair, said had lived in Tiburon since 1962 and that
her late husband had served as the Town's third mayor. She said at that time, she was asked to
design a logo for the Town. She said that the Chamber of Commerce used a ship's wheel as its
logo; she incorporated this into the design, along with the shark on which the Town's name is
based. She said that when the Town of Tiburon was incorporated in 1964, the shark became the
official symbol of the Town.
Ms. Bremer said that the Heritage & Arts Commission's goal of preservation would not be
served if the logo was replaced. She asked the Council to table this recommendation.
Janice Anderson-Gram commended Ms. Tom's work and suggested that she incorporate some of
the Council's concerns into another version of the logo. She talked about the importance of
looking to the future and incorporating an image of what Tiburon is now and for future
generations. She said that the committee had tried to come up with images that were timely and
lasting. She said that even the words on the logo incorporated traditional typefaces as well as
more modern ones.
Mayor Slavitz closed the public comment period.
Councilmember Gram said that he liked the suggestion of keeping the official Town seal, as well
as creating a new graphic image.
Councilmember Berger said that the current logo harks back to an era of official government and
bureaucracy; he said the committee's goal was not to convey bureaucracy but rather to create a
statement like, "here's our village, town and community."
Mayor Slavitz said that he loved the shark (nicknamed "Skippy"). He said that keeping the seal
was a good compromise. He commended Ms. Tom for a beautiful job on the logo.
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 4
Town Manager Curran summed up the direction of Council to keep the shark as the official
Town seal and to pursue a new graphic image for other uses such as signage; ~he said that for
"things that fall in between," she was sure that a balance could be found over time.
Mayor Slavitz said that it would be better to be clear about "what's what."
Councilmember Berger said that the new graphic image would make beautiful letterhead; that it
was "friendly," and made a "sunny statement."
Council continued the item and directed staff and Ms. Tom to "go back to the drawing board" to
incorporate its comments.
3. Appointments to Boards & Commissions - Consider appointment to fill vacancy on Jt.
Recreation Committee (Town Clerk Crane Iacopi)
Town Clerk Crane Iacopi said that Council had directed staff to set up a meeting with the
applicant and Jt. Recreation Committee. She said that Ms. Tollini had met with both Director
Andreucci and committee member Riessen, and that there was mutual interest in having her serve
on the committee.
MOTION:
Moved:
Vote:
To appoint Erin Tollini to the Jt. Recreation Committee.
Gram, seconded by Fredericks
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
Council also directed staff to continue to advertise for the remaining vacancy on the J t.
Recreation Committee.
PUBLIC HEARINGS
1. 11 Shepherd Way - Consider appeal of Planning Commission decision to approve a
Conditional Use Permit and Negative Declaration to expand an existing daycare center
(The Little School) by converting an adjacent church parsonage building and portion of
existing church parking lot (Planning Manager Watrous)
Address:
Applicant:
Appellants:
APNo.
11 Shepherd Way
Shepherd of the Hills Lutheran Church
Lori and Wendy Grace
034-291-31
Planning Manager Watrous said the Little School wanted to expand their daycare center at 11
Shepherd Way which would increase the number of children it served from 45 to 77. He said
that the proposed expansion would convert the old parsonage to additional classrooms and a
portion of the existing church parking lot to an outdoor play area.
DRAFT Town Council Minutes #16 -2008
October 1,2008
Page 5
The Planning Manager described the review by the Planning Commission and its appointment of
a subcommittee to meet with the applicants and neighbors to address some of !he neighbors'
concerns about the expansion and its potential impacts on the surrounding area. Specifically, the
subcommittee requested that the applicant prepare:
· An evaluation of the condition of the roadway for Shepherd Way;
. An analysis of possibly play are noise impacts;
· Alternative designs and/or locations for the play area; and
· A written policy detailing procedures for parents dropping off and picking up children.
Watrous said that the applicants submitted revised designs for the play area that moved the
location for the proposed playground equipment to the south in front of the parsonage to screen
for noise, and pulled the proposed redwood fence nine feet back from the property line. The
applicants also submitted more detailed enrollment figures, trip estimates, and a written policy
for parents dropping off and picking up children, according to Watrous.
At the August 13 Planning Commission meeting, a representative of the Preserve Homeowners
Association stated his belief that an agreement between the association, the church, and the
preschool for maintenance of the Shepherd Way roadway was doable and estimated that reaching
a formal agreement would take several weeks. Watrous said that the representative asked the
Planning Commission to either defer a decision on the application until an agreement was in
place or make a decision contingent upon an agreement being reached.
The Planning Manager said that the Planning Commission determined that the proposed project
was appropriate for this location and would help fulfill a need for preschool and daycare space in
Tiburon. He said the Commission adopted a resolution conditionally approving the CUP; it
included requirements for the church and school to enter into a maintenance agreement with the
Preserve HOA for long-term maintenance of the Shepherd Way roadway and for the applicants to
prepare an evaluation of sound-attenuating fencing that would have a substantial effect on noise
to downhill neighbors.
Watrous said that that neighboring residents Lori and Wendy Grace filed a timely appeal of the
August 13 Planning Commission decision. Mr. Watrous reviewed the grounds of their appeal as
outlined in his written staff report.
Councilmember Gram asked about the 1972 roadway easement and whether an agreement would
require a unanimous vote among all the property owners. Mr. Watrous said that an attorney for
the HOA said that it would; that the easement gave a 1/22nd interest to all property owners (and
their lenders, etc.).
Councilmember Gram asked whether the Planning Commission's approval was conditioned
upon agreement being reached among all these interested parties. Mr. Watrous said it was not;
that what was envisioned was something more like a landscape agreement that could be
negotiated among the homeowners' association, the church and the school.
DRAFT Town Council Minutes #16 -2008
October 1,2008
Page 6
Councilmember Gram asked what the Preserve Homeowner's Association (HPA) by-laws said
about entering into such an agreement.
Planning Commission Kunzweiler responded to the above questions by stating that the roadway
was a "can or worms." He said that the HOA had not "done anything" in the 40 years since the
easement was granted; that the road was in "bad shape" and that the Planning Commission
thought that a maintenance agreement seemed like a good idea.
Mr. Kunzweiler said that he seemed to recall that the CC&R's said that a majority vote was
needed to enter into an agreement.
He reiterated that the road needed to be taken care of "in some way" and that even though it was
a separate issue from the CUP, the Commission thought that the entity creating the increased use
should pay its fair share.
Councilmember Berger asked about the hours of use of the proposed outdoor play area. The
Planning Manager said that the hours were spelled out in the CUP but that the question could be
more fully answered by the applicant. Councilmember Berger asked whether the school was in
use on weekends. Mr. Watrous said that it was Monday through Friday use only.
Vice Mayor Fredericks asked whether all 77 children would be on the playground at the same
time. The Planning Manager said that this question could also be more fully addressed by the
applicant.
Mayor Slavitz asked whether the negotiation of a roadway maintenance agreement was in
process. Planning Manager Watrous said that the Little School was waiting for the outcome of
the appeal to continue its pursuit of the agreement.
The Mayor also asked whether there would be increased parking if the expansion took place. Mr.
Watrous said that there was no net change in parking.
Mayor Slavitz asked if the application sought any variances of any kind. Watrous said it did not.
Mayor Slavitz opened the public hearing.
Bob Knox, representing Lori and Wendy Grace, outlined some of the points of their appeal. In
addition, he commented that the easement was "in favor of 11, 10 and 12 Shepherd Way." He
said that the expansion would create an additional 500 roadway trips per week. He contended
that the Planning Commission said that an agreement had to be reached (on the roadway issue) as
a condition of issuing the CUP. He said that there was "no deal" on the table and that the
applicants had submitted a letter which stated they were not in a position to assume responsibility
for the road.
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 7
Mr. Knox said that the Planning Commission's decision was an abuse of discretion based on
inadequate evidence in the record concerning noise, traffic, and the roadway. fIe said there was a
debate among the parties about what constituted a "trip" (one round trip versus two trips--one
each way). He said that vehicle trips in both directions would have "pernicious effects" on his
clients and that 500 trips was substantial evidence in the record to support this.
The Council and staff discussed how trips were counted. Staff said that that method used was to
estimate the number of cars entering and leaving the site versus one trip up the driveway and one
trip back, as the appellants have done. Councilmember Berger asked if that was the methodology
for traffic counts; Councilmember Gram asked what the CEQA formula was. Councilmember
Berger said that one method should be standard for consistency sake.
Planning Manager Watrous in the review of the CUP application for Blockbuster Video, staff
counted the number of trips that would be generated by the use, in other words, they counted the
a vehicle arriving at and leaving the store as one trip and not two trips.
Vice Mayor Fredericks noted that if one is comparing the numbers to a baseline figure, trips are
counted as a percentage increase rather than an actual number.
Mr. Knox said that the cumulative impact is that the cars would pass his client's house twice-
coming and going. He said that this was a significant impact and that the Planning Commission
was mistaken because it should not have issued a negative declaration with regard to noise and
pollution.
Knox also said that the roadway maintenance issue was given incomplete consideration and
improper handling by the Planning Commission. Now, he said that everyone was in limbo about
it; he compared it to putting the cart before the horse. He said that his clients would file a lawsuit
if a permit was issued by the Town at this juncture.
Mr. Knox recommended that the Council remand the application to the Planning Commission for
review of a proper noise study; he said that all the evidence in the record so far was merely
anecdotal.
Councilmember Gram asked what noise he was referring to-noise from cars? Mr. Knox said
yes, as well as noise from children plaYing on the new structure at the top of the rise.
Councilmember Gram stated that it was not the role of the Planning Commission to adjudicate
the relationship [agreement] between the church and the homeowner's association.
Mr. Knox concurred but said that the agreement should be obtained first. He added that his
clients were not arguing against daycare, rather that there should be additional mitigations to
traffic and noise, such as requiring carpooling from an off-site area such as Blackie' s Pasture.
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 8
Knox also contended that the Planning Commission resolution did not accurately reflect the
review period for the CUP, as reflected in the minutes. He said the resolution,stated that the
CUP would be reviewed in one year while the minutes said six months.
Again, Mr. Knox asked for a remand in order to have a more informed decision.
Councilmember Gram and Mayor Slavitz asked some questions of staff regarding the sound
attenuation qualities of the proposed fence. Planning Manager Watrous said that Condition No.3
of the approval said that staff would review the fence plans to determine its sound-attenuating
qualities.
Councilmember Berger said that he recently did such a review professionally and that there were
ways to study it; he also said that an acoustical engineer could make a review. Berger noted,
however, that the biggest sound impact would come from noise bouncing off the building itself.
Mayor Slavitz asked whether a permit had been issued by the Town. Watrous replied that the
conditional use permit had been issued but not a building permit or a state license (to the daycare
facility).
Mayor Slavitz asked what the capacity of the Belvedere- Tiburon daycare center was. Mr.
Watrous said that he did not have that information.
Ann Baker, Director of the Little School, said they wanted to expand to accommodate 32 more
children (they now have 44). She added that not all of the children were there every day.
Ms. Baker said that State licensing requirements revolve around the size of playground and
classroom. She listed these requirements as 35 square feet per child inside and 75 square feet per
child outside. She said they would need to use the 1500 square foot parsonage and adjacent area
for a playground to meet this goal.
Ms. Baker said that prior to this review process she honestly did not know who owned the
roadway; she said that for 10 years of her tenure, she thought that the road belonged to the
church.
Baker said that the mission of the daycare center was to serve the public; that they were a not-for-
profit organization not limited to Tiburon residents.
Councilmember Berger asked about the hours of use of the playground. Ms. Baker said that the
hours of operation of the school were 8:30 a.m. until 2:30 p.m. She said that when the children
arrived in the morning, they "greeted" the animals outside before going inside, then had an hour
of play outdoors later in the morning and an hour to an hour and a half in the afternoon.
Mr. Berger asked whether the children could share the existing playground; Ms. Baker said their
licensing requirements might not allow them to "double up" on this use.
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 9
With regard to vehicle trips, Mayor Slavitz said that 32 more children did not pecessarily equate
to 32 more cars; Ms. Baker concurred. She said that six or seven of the current families had two
children at the school. She said that they had 56 children on Mondays, Wednesdays and Fridays,
and that people did carpool now. Planning Manager Watrous noted that this constituted 105 trips
per day (on Mondays, Wednesdays and Fridays).
Mayor Slavitz asked Ms. Baker about the sound-attenuating fence. She said that they had hired
Smith Engineering to evaluate the proposed fence; she also said that an engineer named Eric Yee
made a drawing which moved the play structure in front of the building to further mitigate noise
from the play structure.
Mayor Slavitz asked whether there were complaints from the neighbors regarding noise now. Ms.
Baker said that in 10 years she had not received one complaint.
Councilmember Gram asked Ms. Baker if she had met with the homeowners' association
regarding a roadway agreement; she said that they had just received a proposal tonight.
Norma Barnes, Shepherd of the Hills Church Council President, said that the church had invited
the Little School to use the parsonage for its expansion because they knew they had a waiting list
of children who wanted to attend. She said this use was in keeping with the church's mission to
serve the public and the community. Ms. Barnes said that before the Little School rented the
space, the church had its own preschool at this location and the parsonage had been rented out as
a residence.
Mayor Slavitz asked Ms. Barnes whether the church had received complaints about traffic and
noise from the Little School. Ms. Barnes replied that she had not received any in the two years
she had been involved with the church.
Ms. Barnes said that she had spoken with (Preserve homeowner) Basil Plastiras and that they had
had an amicable conversation regarding the roadway. She said that the church council was
willing to enter into an agreement for the maintenance of Shepherd Way and that it was just a
matter of working out the details.
Mayor Slavitz opened the appeal hearing to public comment.
Paul Grothe, resident of Hacienda Drive at the corner of Trestle Glen Boulevard, said there was
already noise from the school and traffic congestion from school busses and other vehicles using
the street. He said that doubling the size of the school was not good for the neighborhood and he
asked the Council to reconsider the decision. He said, "if this was in your backyard, you
wouldn't let it happen."
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 10
Shaun Coughlin said that he supported the appellants. He noted that turning a single-family
residence into a school was a qualitative change to the area; he said that noise }Vas a major
concern; that the neighbors had been treated in a cavalier method in the review process.
He said that no real data existed about noise and that he had spoken with a noise engineer and
had done some tests. The noise engineer said that voices were perceived differently from other
noise, according to Coughlin. He said they went to the site and determined that a 15- foot setback
would help; however, only a nine-foot setback was offered by the school even though the
architect said they would try to accommodate the 15-foot request.
Mr. Coughlin said that his children attended a school in Mill Valley that required them to drop
their children at a certain location and then they were bussed to school in order to limit traffic to
the site. He asked this solution to be considered by the Little School.
Mayor Slavitz asked staff about the perceived lack of data concerning noise. He asked whether
sounds studies had been done for this application.
Planning Manager Watrous said that sound studies were not normally required for playground
noise because it was not perceived to be a significant environmental impact under CEQA.
Mayor Slavitz asked about the distances between the homes at 2 & 4 Turtle Rock and the
proposed expansion. Mr. Watrous said that the appellants' home was 200 feet away but that 2 &
4 Turtle Rock were closer to the site.
Maria Cardoman, Sausalito resident, said that she and her family rented the parsonage for nine
years. She said they never heard any complaints about noise when she occupied the unit,
including the fact that her son had a rock band that practiced in their garage. She also said that no
road work had been done on Shepherd Way in her nine years there.
Janet Coughlin said that they had indeed heard the noise from the rock band. She also said that
other neighbors in the area heard noise from the children at the Little School.
Mrs. Coughlin reiterated her husband's comments about the carpool requirements of the Horizon
School; she said that the County of Marin required the school to implement these traffic controls
and other measures as a result of their application to expand; she questioned why the Town
wouldn't impose similar conditions. She commented that the Town of Tiburon had imposed
more stringent conditions when they did a landscape plan at their home than were being imposed
on the Little School.
Mrs. Coughlin also elaborated on the sound tests undertaken by her family in conjunction with a
sound engineer; she said that human brain registered crYing different from other noise so that it
was much more intrusive.
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 11
Vice Mayor Fredericks asked Mrs. Coughlin about the size of the Horizon School.
,
Mrs. Coughlin said that it had grades K through 8, plus a nursery school; Mayor Slavitz noted
that the school accommodated 200 children.
Vice Mayor Fredericks said that the Horizon School already had traffic controls in place prior to
their expansion. Mrs. Coughlin replied that there was a precedent in Tiburon for these kinds of
requirements.
Rosalind Jekowsky said that the neighbors "haven't been heard," and felt "railroaded" because
due diligence had not been done in the process. She said that a noise study would make everyone
more comfortable with the process. She also said that no one on the Planning Commission
"pushed" for the 15-foot setback.
Councilmember Gram asked whether pushing back to 15 feet would satisfy the neighbors. Mrs.
J ekowsky replied no, that a sound study and road assessment were also needed.
Tim Geraghty said that he had heard the garage band, as well. He said that the reason no one had
complained about noise in 10 years was that the current playground was in a different location.
He said that the responsibility for the road should not be borne by 22 owners when the expanded
use by the Little School would double the wear and tear on the road.
During his rebuttal, appellant's attorney said that the testimony bore out his assertion that more
information was needed, including a noise study and an agreement concerning the roadway. He
also said that mandatory restrictions should be placed on the Little School with regard to
increased traffic. Mr. Knox said that the Planning Commission findings were made without any
substantial evidence in the record and should be overturned or remanded.
Mayor Slavitz closed the public hearing.
The Mayor asked staff for information on sound studies.
Planning Manager Watrous said that sound studies were based on industry standards; that they
look at sound and how it travels over distance and decreases. He said that from a CEQA
standpoint, certain noise such as children at play was not loud enough to be considered a
significant environmental impact versus other audible sounds. He said that decibel level readings
would bear this out.
Mr. Watrous added that the original application would have located the playground even closer
to the Coughlins but it had been pulled back nine feet and was now shielded by the (parsonage)
house. He said the Planning Commission thought these conditions would help mitigate the
noise, along with a sound-attenuating fence. However, he said it was not meant to completely
erase the sound of children at play.
DRAFT Town Council Minutes #16 -2008
October 1, 2008
Page 12
Mayor Slavitz said that this analysis meant that the sound of children at play did not rise to the
level of a significant environmental impact; however, he asked, from a neighbpr's point of view,
what is the threshold for "less than significant?"
Mr. Watrous said that there was no CEQA rating for noise that was not significantly above
ambient noise.
Town Attorney Danforth said that the Town ofTiburon did have standards relating to noise in
residential neighborhoods in its General Plan, however, "children at play" never reached those
levels, nor was it a sustained noise.
Vice Mayor Fredericks said that the General Plan often addressed issues in a broader context and
suggested that the Council might make a judgment in a particular case which set a higher
standard than CEQA or its General Plan.
Planning Manager Watrous agreed that the Council had such authority. Ms. Fredericks said that
it was not a question of authority but rather, would the noise level readings be meaningful
enough to aid the Council in making such a judgment if a study was undertaken.
Mr. Watrous responded that the decibel readings themselves would not be enough; he opined that
they would be minimal and would not look much different from ambient noise levels. Mr.
Watrous said what noise studies can show are specific observations at specific locations.
Vice Mayor Fredericks wondered how the numbers would be interpreted. Mr. Watrous said that
the engineers performing the study would interpret the data.
Mayor Slavitz said he thought the data might end up being meaningless as the numbers are
averaged over time.
Councilmember Berger had two observations: one, that he had professional experience with
sound studies; two, that he have lived next door to a school and acknowledged that this type of
noise could be an issue.
Berger said that the Council could "do better" than CEQA standards in its review and'
recommended a sound study. He agreed that the decibel levels would also tell more about the
impact of car trips.
Vice Mayor Fredericks agreed that a study would be useful.
Councilmember Gram said that he identified three issues; 1) a noise study was a good idea
because it would give scientific data; 2) he thought that increased traffic was not an issue; 3)
while an agreement regarding the roadway was important, not having it in hand at the time the
Planning Commission made its decision was not an issue in this review.
DRAFT Town Council Minutes #16 -2008
October 1,2008
Page 13
Mayor Slavitz agreed that without a noise study, it was hard to talk about the data. He asked the
Council how they wished to proceed.
Councilmember Gram suggested that a subcommittee might review the data. After some
discussion, Council decided that it would be preferable to review the study in a public meeting.
Town Attorney Danforth said that the Council could continue the hearing on the noise issue in
order to evaluate whether the study confirmed the findings of the initial study and supported the
Planning Commission's decision in this case; she said it seemed clear that the Council had made
its ruling on the traffic and roadway issues of the appeal.
Council concurred with this recommendation.
MOTION:
Moved:
Vote:
To partially uphold the appeal and continue the hearing to a date uncertain
pending completion of a noise study.
Berger, seconded by Fredericks
AYES: Unanimous
ABSENT: Collins
2. "Green Building" Ordinance - Consider second reading and adoption of ordinance adding
Article VIII (Green Building) to Chapter 16 of the Town Code to establish Green
Building requirements for new residential and non-residential projects and resolution
establishing Green Rating System (Director of Community Development Anderson)
Council waived 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 ordinance by title only.
Berger, seconded by Fredericks
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
Mayor Slavitz read, "An ordinance of the Town Council of the Town ofTiburon amending Title IV,
Chapter 16 (Zoning) of the Municipal Code to establish Green Building requirements for certain
construction projects."
MOTION:
Moved:
Vote:
To adopt ordinance as written.
Fredericks, seconded by Berger
AYES: Berger, Fredericks, Gram, Slavitz
ABSENT: Collins
DRAFT Town Council Minutes #16 -2008
October 1,2008
Page 14
TOWN COUNCIL REPORTS
,
Mayor Slavitz reported that he and members of Town staffhad met with Harry Delano, owner of
Delano's IGA, to take about a possible program whereby the grocers would charge customers for
plastic bag use, the proceeds of which would be used by the Town to manufacture and distribute
reusable bags. The Mayor said that it was a very productive discussion.
Mayor Slavitz said that he had subsequently been advised by counsel that mandatory programs
were not advisable, however, grocers were free to enter into such programs voluntarily.
Vice Mayor Fredericks reported that Assemblyman Huffman's [recycling] bill had been passed
by the legislature.
TOWN MANAGER'S REPORT
Town Manager Curran reported that FEMA was re-drawing its maps of the area and that based
upon the information currently available to staff, the current designated flood zone would be
expanded. She said that town staff would inform residents of the outcome and prepare
information on how to obtain flood insurance, etc., when the maps are finalized.
WEEKLY DIGESTS
· Town Council Weekly Digest - September 19,2008
· Town Council Weekly Digest - September 26, 2008
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 10: 1 0 p.m.
JEFF SLA VITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #16 -2008
October 1,2008
Page 15
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
October 15, 2008
~genda Item: a - 2-
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Administrative Services Department
Subject:
Investment Summary - August 2008
~
Reviewed By:
BACKGROUND
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities.
ANAL YSIS
The Town of Tiburon currently invests all idle funds for the Town and the Redevelopment
Agency in the California Local Agency Investment Fund (LAIF). Below illustrates the funds on
deposit with LAIF at month end, August 31, 2008:
Agency
Investment
Amount
Interest Rate
Maturity
Town of Tiburon Local Agency $18,700,111.41 2.7790/0 Liquid
Investment
Fund (LAIF)
Redevelopment Agency Local Agency $1,063,024.99 2.7790/0 Liquid
Investment
Fund (LAIF)
FINANCIAL IMPACT
No financial impact occurs by adopting the report. The Town continues to meet the priority
principles of investing - safety, liquidity and yield in this respective order.
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the August 2008 investment summary
Exhibits:
Prepared By:
None
Heidi Bigall, Director of Administrative Services
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
October 15,2008 3
~genda Item: C-C- /'
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Administrative Services Department
Subject:
Recommendation to Amend FY 2008-09 Municipal Budget - Revenues
Reviewed By:
@Y
BACKGROUND
On June 18, 2008, the Town Council adopted the Fiscal Year 2008-09 Municipal Budget. At that time the
State of California had not adopted its budget, and was dealing with a $16 billion budget shortfall. The
Legislature was discussing several options to balance the State Budget which included the elimination of
certain revenues that local agencies would receive. Given this uncertainty, the Town Council took the prudent
position to not appropriate two revenue sources that were being considered for elimination by the State.
Specifically, no revenues were budgeted for SB 172 Sales Tax or Community Oriented Policing Services
(COPS). Originally, staff estimated these two revenue steams accounted for $200,000.
On September 23rd, Governor Schwarzenegger signed the State Budget which provided for no revenue
"takeaways" from the Town. With the adoption of the State budget the Town is now assured that it will
receive COPS funding and SB 172 Sales Tax. It is now appropriate to amend the Municipal Budget for reflect
that the Town will receive the above revenues for the fiscal year.
FINANCIAL IMPACT
The adopted Municipal Budget for FY 2008-09 anticipates Operating Revenues of $8,922,653 and
expenditures of$8,909,073, for a net operating surplus of$13,580. Not included in operating revenue is
Staff's recommended budget amendment of $100,000 for COPS grant funding and $60,000 for SB 172 sales
tax revenue. This recommendation would increase operating revenues to $9,082,653, which increases the
operating surplus to $173,580. The Exhibit Overview of Operating Revenues and Expenditures reflects the
proposed budget amendments.
RECOMMENDA TION
Staff recommends that the Town Council:
Move to amend the FY 2008-09 Municipal Budget to provide for the receipt of $100,000 in COPS
funding and $60,000 in SB 172 Sales Tax revenue.
Exhibits:
Revised Overview of Operating Revenues and Expenditures -
FY 2008-09
Heidi Bigall, Director of Administrative Services
Prepared By:
Overview of Operating Revenues & Expenditures
REVENUE & SOURCES AMOUNT EXPENDITURES AMOUNT
GENERAL REVENUES TOWN ADMINISTRATIVE SERVICES
Property Taxes 3,211,926 Town Administration 988,777
Other Taxes 1,305,000 Legal Services 311,772
Licenses & Permits 950,900 Legislative 42,500
Intergovernment & Agency 758,107 Town Hall Facility 213,300
Franchises 458,200
Charges for Service 316,600 NON DEPARTMENTAL 1,977,988
Investment Earnings 240,000
Fines & Forfeitures 175,000 COMMUNITY DEVELOPMENT
Other Revenues 92,500 Planning & Design Review 538,163
Building Inspection 554,442
Subtotal $ 7,508,233 Advance Planning 25,000
POLICE
OTHER SOURCES Police Services 2,867,037
Other Fund Sources $ 1,574,420 Police/EOC Facility 83,000
PUBLIC WORKS
Administration & Engineering 319,395
Streets Maintenance 463,483
Parks Maintenance 375,234
Corporation Yard 90,600
Street & Signal Light System 42,400
Cypress Hollow 15,980
TOTAL REVENUE & SOURCES $ 9,082,653 TOTAL EXPENDITURES: $ 8,909,073
NET OPERATING
SURPLUS (DEFICIENCY) $ 173,580
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
October 15, 2008
Agenda Item:
cc-i
STAFF REPORT
To:
Mayor & Members of the Town Council
From:
Community Development Department
Subject:
Green Building Program---Adoption of a Resolution Establishing
Green Building Compliance Standards, Rating Systems and Incentives;
File MCA 2008-02
Reviewed By:
BACKGROUND
On October 1,2008 the Town Council adopted an ordinance setting forth requirements and
procedures to implement a green building compliance program for certain construction projects.
That ordinance will go into effect on October 31, 2008.
The Town Council inadvertently did not take action on the Resolution at that meeting. The
Resolution would establish the green rating systems, compliance standards, and incentives for the
green building program. The Resolution, as written, would go into effect at the same time as the
ordinance. The Council has held three separate public hearings on this Resolution and the public
hearing has been closed.
RECOMMENDATION
Staff recommends that the Town Council adopt the Resolution (Exhibit 1).
EXHIBITS
1. Draft resolution
Prepared by:
Scott Anderson, Director of Community DevelopmenL~
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ESTABLISHING GREEN BUILDING STANDARDS FOR COMPLIANCE, GREEN
RATING SYSTEMS, AND INCENTIVES FOR HIGHER GREEN RATINGS
WHEREAS, the design, construction and operation of buildings and structures within
the Town can have a significant impact on the Town's environmental sustainability, resource
usage, energy efficiency, waste management and the health and productivity of residents,
workers and visitors; and
WHEREAS, the design, construction and operation of buildings and structures also has
far-reaching effects on the region and globally through production of green house gases resulting
in global climate change and the consumption of resources that impact wildlife habitat; and
WHEREAS, green building benefits are spread throughout the systems and features of
the extensive use of high-recycled content products; recycling of waste that occurs during
deconstruction, demolition and construction; orientation and design of a building to reduce the
demand on the heating, ventilating, and air conditioning systems; the use of heating, ventilating,
and air conditioning systems that provide energy efficiency and improved air quality;
enhancement of indoor air quality by selection and use of construction materials that do not emit
chemicals that are toxic or irritating to building occupants; the use of water conserving methods
and equipment; and installation of alternative energy methods for supplemental energy
production; and
WHEREAS, in recent years, green building design, construction and operational
techniques have become increasingly widespread. Many homeowners, businesses and building
professionals have voluntarily sought to incorporate green building techniques into their projects.
A number of local and national systems have been developed to serve as guides and rating
systems for green building practices. The U.S. Green Building Council, developer of the
Leadership in Energy and Environmental Design (LEED@) Green Building Rating Systems, has
become a leader in promoting and guiding green building, particularly for non-residential
structures. The Alameda County Waste Management Authority has developed the New Home,
Remodeling and Multi-Family Green Building Guidelines and associated Green Points
Checklists, published by Build It Green, which have been adopted for use in several Bay Area
jurisdictions iacluding the County of Marin, City of San Rafael, and City of Larkspur; and
WHEREAS, according to recent studies published by the United States Green Building
Council and the U.S. Environmental Protection Agency, the construction, demolition and
operation of building in the United States collectively consume up to 37% of the total energy
used, 120/0 of all fresh water supplies, 40% of all raw materials used, and generate 36% of total
emissions of anthropogenic carbon dioxide, the primary greenhouse gas associated with global
climatic change, and 46% of all sulfur dioxide emissions, 19% of nitrogen oxide emissions and
10% of fire particulate emissions; and
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
EXHUhT NO.~
WHEREAS, by requiring buildings within the Town of Tiburon to be constructed in an
environmentally responsible manner, the Town of Tiburon is participating in global endeavors to
reduce carbon dioxide, sulfur dioxide, nitrogen dioxide, waste generation and habitat change;
and
WHEREAS, on June 11,2008, the Tiburon Planning Commission conducted a public
hearing and recommended adoption of the Zoning Ordinance amendments, green building rating
system, compliance standards, and incentives to the Town Council; and
WHEREAS, the Town Council has held public hearings on July 16, September 17, and
October 1, 2008 and has adopted a series of green building regulations through amendments to
the Tiburon Municipal Code, which regulations reference and rely upon the standards of
compliance set forth herein; and
WHEREAS, the Town Council finds that adoption of this Resolution is exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15308 of
the CEQA Guidelines, which exempt changes in land use regulations intended for the protection
of the environment, and/or have no potential to result in adverse impacts on the environment, and
are exempt from the requirements ofCEQA pursuant to Section 15061 [b(3)] of the CEQA
Guidelines. The proposed regulations would reduce local, regional and global impacts on air and
water quality, resource consumption, waste generation and habitat change.
NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon adopts the following Standards for Compliance for administration of Green Building
regulations contained in Title IV, Chapter 16 (Zoning), Article VIII, of the Tiburon Municipal
Code.
Standards for Compliance and Rating Checklists or Systems
All "covered projects", as set forth in Title IV, Chapter 16, Article VIII, Section 16-8.2 of the
Tiburon Municipal Code, shall be constructed using the following green building Standards for
Compliance and green building rating checklists or systems:
a) New single-family dwellings, and additions to existing single-family dwellings that
constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green. Secondary dwelling unit additions are exempt.
b) New two-family dwellings, and additions to existing two-family dwellings that constitute
at least a fifty percent (50%) increase in conditioned space, shall achieve at least sixty
(60) green points using the most recently published edition of the New Home
Construction Green Building Guidelines and the associated Single Family GreenPoint
Checklist published by Build It Green.
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
2
c) Single family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
dwelling, shall achieve at least six (6) green points using the most recently published
edition of the New Home Construction Green Building Guidelines and the associated
Single Family GreenPoint Checklist published by Build It Green, with a minimum of two
(2) points from at least three (3) categories.
d) Two-family dwelling additions that are greater than five hundred (500) square feet, but
that constitute less than a fifty percent (50%) increase in conditioned space of an existing
two-family dwelling, shall achieve at least six (6) green points using the most recently
published edition of the New Home Construction Green Building Guidelines and the
associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) points from at least three (3) categories.
e) New multiple dwellings (3 or more units), and additions to existing multiple dwellings
that constitute at least a fifty percent (50%) increase in conditioned space, shall achieve at
least sixty (60) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
f) Multiple family dwelling additions that are greater than five hundred (500) square feet,
but that constitute less than a fifty percent (50%) increase in conditioned space of an
existing two- family dwelling, shall achieve at least six (6) green points using the most
recently published edition of the New Home Construction Green Building Guidelines and
the associated Single Family GreenPoint Checklist published by Build It Green, with a
minimum of two (2) points from at least three (3) categories.
g) New non-residential construction of 3,000 to 19,999 square feet of conditioned space
shall achieve at least a LEED@ "Silver" rating (33-38 points) using the most recently
published version of the LEED@ for New Construction or other more appropriate
LEED@ rating system as determined by the Building Official based on the proposed
construction type, and
h) New non-residential construction exceeding 19,999 square feet of conditioned space shall
achieve at least a LEED@ "Gold" rating (39-51 points) using the most recently published
version of the LEED@for New Construction or other more appropriate LEED@ rating
systen1 as determined by the Building Official based on the proposed construction type.
i) Town-sponsored projects shall achieve at least a LEED@ "Gold" rating (39-51 points),
using the most recently published version of the LEED@for New Construction or other
more appropriate LEED@ rating system as determined by the Building Official based on
the proposed construction type, unless specifically exempted by resolution of the Town
Council.
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
3
Incentives
Projects that meet the following enhanced green building standards are entitled to administrative
and financial incentives:
a) New single-family dwellings and major additions thereto, and new two-family dwellings
and major additions thereto, which achieve at least one hundred (100) points using the
most recently published edition of the New Home Construction Green Building
Guidelines and the associated Single Family GreenPoint Checklist published by Build It
Green.
b) New multi-family dwelling units or major additions thereto, which achieve at least one
hundred (100) points using the most recently published edition of the Multifamily Green
Building Guidelines and the associated Multifamily GreenPoint Checklist published by
Build It Green.
c) New non-residential construction that achieves at least a LEED@ "Platinum" rating using
the most recently published version of the LEED@for New Construction of other more
appropriate LEED@ rating system as determined by the Building Official based on the
proposed construction type.
Administrative and financial incentives shall include all of the following:
a) Expedited processing of building permit plan checks.
b) Reimbursement for costs of a Certified Green Building Rater associated with verification
of compliance with green building regulations for residential projects up to a maximum
of $1 ,000 per proj ect.
c) Provision of a plaque certifYing the building as meeting the Town's "Emerald" Green
Building Standards.
d) Provision of a Town Green Building logo for placement on construction and sales
slgnage.
e) Listing on the Town's website for a period of time, as determined by the Director of
Community Development.
BE IT FURTHER RESOLVED that this resolution shall go into effect on October 31,
2008.
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
4
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon held 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
S: \Administration \ Town Co un cillStaff Reports 12008 IOctober 15 DRAFTSIGreen Standards Resolution final 1 0-15-08.doc
Tiburon Town Council
Resolution No. xx-2008
--/--/2008
5
TOWN OF TIBURON
..~ 1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
October 15, 2008 .----
Agenda Item: C-C-- j
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Department of Public Works
Subject:
Recommendation to Authorize the Purchase of Replacement Play Structure
Equipment for the School-Age Children's Play Area at Zelinsky
Playground at South of Knoll Park
Reviewed By:
BACKGROUND
A replacement of the play equipment in the school-age children's playground at South of Knoll
Park was budgeted for this fiscal year. The equipment in the adjacent tot-lot was replaced over a
year ago.
The project consists of the replacement of the school-age children's playground equipment with
new equipment meeting current standards for public playgrounds. The footprint of the play area
would be roughly the same, except for a slight increase into the knoll hillside to accommodate a
new tire swing. A short gravity retaining wall will be used to support the cut made, and drainage
elements would be installed. The play equipment is located in a sheltered portion of South of
Knoll Park and is not obtrusive to residential development. No impacts on residential areas near
the Park are anticipated.
The Parks & Open Space Commission reviewed the project at its regular meeting of April 10,
2007, and recommended approval to the Town Council. On October 1, 2008, Council found the
project exempt from CEQA pursuant to Section 15302 (Replacement & Reconstruction) of the
CEQA Guidelines and authorized staff to proceed with final design and bidding.
Town staff is working internally to administer and design the project. At this juncture, the Town
has the opportunity to purchase the play equipment in advance of completing the entire design to
capitalize on this year's pricing before the manufacturer's annual price increase. The equipment
intended for this project are certified by the International Playground Equipment Manufacturers
Association, and the use and layout conform to the requirements of testing standard ASTM
F1487.
FISCAL IMP ACT
The cost to purchase the equipment is approximately $52,500. The cost estimate for the entire
project is $165,000, which has been budgeted in this fiscal year. A significant portion of the
'T()\\'n C"()Ll.ncil
C\-rohcr 15. ::'l)l)8
project will be financed by private donations and the remainder will be funded by a land and
water conservation per capita grant. An ad-hoc citizens' committee comprised of founding
members, Pam Bonnie and Derice Tao, have almost completed their task of raising $90,000 for
the proj ect.
As with the existing playground equipment, the Town will experience minor ongoing
maintenance costs.
RECOMMENDATION
Staff recommends that the Town Council:
Move to authorize the purchase of replacement play structure equipment for the school-
age children's play area at Zelinsky Playground at South of Knoll Park
Prepared By:
Nicholas Nguyen, Director of Public Works
Page 2 ( )1)
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
T own Council Meeting
October 15, 2008
Agenda Item: ( _
6-W
STAFF REPORT
To:
Mayor and Members of the Town Council
From:
Community Development Department
Subject:
Approve Services Agreement for Preparation of CEQA Compliance
Documentation for the Paradise Drive Prezoning Application
Reviewed By:
~
BACKGROUND
The Town of Tiburon is currently processing an application for prezoning from several property
owners in the unincorporated Paradise Drive area of the Town. The Town has determined that
environmental review will be required and that outside professional environmental review
assistance is required. Staff received two price quotes to prepare the appropriate environmental
documentation for the project, as follows:
Impact Sciences:
Leonard Charles & Associates:
$26,470
$38,750
Staff recommends that the firm of Impact Sciences be selected to perform the environmental
review services for this project application. The cost of the services will be borne by the
applicants.
RECOMMENDATION
Staff recommends that the Town Council approve the recommended selection and authorize the
Town Manager to execute the agreement.
Prepared By:
Scott Anderson, Director of Community Development~