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HomeMy WebLinkAboutTC Digest 2009-01-09 ~ TOWN COUNCIL WEEKLY DIGEST Weeks of December 22,2008 - January 9,2009 Tiburon 1. Email- Frank Glassner - Resignation from Design Review Board 2. Memo - Nicholas Nguyen - 2008 Pavement Condition & Program Summary 3. Draft Transportation 2035 Plan Available for Comment 4. Letter Scott Anderson - 4984 Ranch Road Annexation to San. 2 Property 5. Letter MCCD - Easton Point Master Plan - Precise Development Plan 6. Memo - Nicholas Nguyen - TAM Street Smarts 7. Letter - Kevin Brown - "Skate Spot" for Tiburon Agendas & Minutes 8. Agenda - Planning Commission - January 14, 2009 9. Agenda - Design Review Board - January IS, 2009 10. Agenda - POST - January 20,2009 Regional a) Letter - MMWD - Desalination Project EIR - Response to Comments b) Letter - Swiftreach Networks - Emergency Notification Svcs * c) Letter - Marin Association of Realtors - Moratorium Campaign * d) Conference Announcement - Continuing Legal Education - Carbon Credits * e) Town of Corte Madera - Town Council Reorganization * f) Invitation - Beryl H. Buck Awards for Achievement - 2009 * g) Bay Trail Rider - Newsletter of Bay Trail Project - Fall/Winter 2008 * h) Western City - January 2009 * Agendas & Minutes i) None * Council Only Page 1 of 1 / l Dan Watrous From: Frank Glassner [fglassner@cdgworldwide.com] Sent: Wednesday, December 24,20082:14 PM To: Mayor, Alice Fredericks Cc: Dan Watrous Subject: Frank Glassner resignation from Tiburon DRB DIG ~8-r Alice: Per my discussions with Dan Watrous and Frank Doyle, due to personal time constraints, I regrettably have to resign from the Tiburon Design Review Board. I've immensely enjoyed both the experience, and most of all my colleagues at the Town and on the Board. I deeply appreciate the opportunity that you and the Town Council have made available to me. Sincerely, Frank Frank B. Glassner Chief Executive Officer COMPENSATION DESIGN GROUP, INC. 160 Spear Street - Suite 230 San Francisco, CA 94105 Direct: (415) 618-6060 Mobile: (415) 515-0010 Fax: (415) 618-6065 Main: (415) 618-6000 E-Mail: fglassner@cdgworldwide.com URL: www.cdgworldwide.com NOTICE: This e-mail is intended solely for the person or entity to which it is addressed and may contain confidential or privileged information. Any review, dissemination, copying, printing or other use of this e- mail by persons or entities other than the addressee is prohibited. If you have received this e-mail in error, please contact the sender immediately and delete the material from your computer. 1/6/2009 Town of Tiburon MEMORANDUM . ! . Of Tlal, . r;~ .~ ~~Ii~ ~). ('\'~~ ~~-.~ "Pc',,- 'S'" ~ 0,'0 ~o'~ " .'-" ~tvlntlc.. "'. , . DIGEST ;L, TO: Peggy Curran, Town Manager FROM: Nicholas Nguyen, Director of Public Worksp-/ SUBJECT: 2008 Pavement Condition and Program Summary DATE: January 7, 2009 ......................... .......................... The Town has employed the Metropolitan Transportation Commission (MTC) pavement management program (PMP) for some time. The program aids the Town in inventorying our road network, rates the conditions, and prioritizes maintenance and repairs. It is required to be maintained and updated every two years if federal and state funds are sought. Recent updates were performed in 2003 and 2005. In 2003, the program was updated and field observations revealed a pavement condition index (PCI) of 61 on a scale of 0-100. A high number signifies a higher quality network. The update in 2005 showed an improvement with a PCI of 66. At this value, the Town's network is considered to be at the upper range of the "Good" category. The 2005 pavement management program report also recommended that to reach a PCI goal of 70 by year 2013, an annual expenditure of about $620,000 would be required. In 2007, the Town was ~uccessful in securing grant funding to perform an update of its PMP. Due to scheduling conflicts, the results were not available until November 2008. The result showed improvement once again with a PCI of 68 (and a 3-year moving average of 67), missing the "Very Good" category by 2 points. The average of all Marin County municipalities is 64.4. The Bay Area average is 65. The Town has spent close to $1,000,000 annually over the last two year on its roads. However, this has not translated directly into a more significant improvement in PCI because a considerable amount was spent on our Failed Streets. These Failed Streets required a disproportionately high level of resources to improve relative to their contribution to the overall network. The 2008 PMP report concluded with a recommendation to spend approximately $690.000 annually to improve the PCI to about 69 by the year 2012. This investment scenario is essentially to maintain our current condition. To reach an approximate PCI value of 73, an annual investment of about $1.1 million would be required. The Executive Summary of the 2008 PMP report is attached for your review. Town of Tiburon 2008 Pavement Management Program Update (P-TAP 9) Final Report - October 30, 2008 Page i Executive Summary EXECUTIVE SUMMARY In March of 2008, GeoData Analytics LLC updated the Pavement Management Program (PMP) with the pavement condition surveys for the Town of Tiburon. Pavement condition evaluations were performed on all the streets by GeoData Analytics inspectors. In October of 2008, Harris & Associates working together with GeoData Analytics ran the budget analysis and put together the final report for the Town of Tiburon. The PMP provides a management tool to inventory street pavement, assess pavement condition, record historical maintenance, forecast budget needs, and view impacts of funding on Town-wide pavement condition over time. The PMP is also a software-based tool for analyzing pavement conditions and recommending rehabilitation strategies based on funding levels. The software focuses on providing cost effective recommendations that enhance the overall system Pavement Condition Index (PCI). In general, asphalt pavement deteriorates over time by both traffic loading and weathering. The MTC software recommends that 13% of the budget be put to preventive maintenance treatments such as slurry seal or seal cracks. The remaining budget is programmed for more expensive asphalt overlays and reconstruction. Why is preventive maintenance important? Preventive maintenance treatments sustain a street's PCI at a high level and at relatively low cost. Preventive maintenance treatments can be applied to many streets (large pav~ment area) with a positive effect of raising the system PCI for a fraction of the cost to asphalt overlay one street (small pavement area). The Town is currently on Streetsaver Online Version which is Metropolitan Transportation Commission's Pavement Management Program. The program can be accessed with the following, User ill: tiburonci and Password: tiburon7723. \ . Pavement mileage & replacement value The Town of Tiburon has approximately 35 miles of paved streets, divided into 222 pavement management segments. The following is the breakdown of Tiburon's street pavement mileage grouped by functional class: Centerline CLASSIFICATION Mil es Arterial 1.7 Collector 7.3 Residential 23.9 Other 2.7 TOTALS 35.6 It is important to consider the overall investment the Town has in its pavements. The unit cost for a very poor condition category (consisting of moderate base failure repair, removal of existing surface, and pavement overlay) is from $106.14 to $107.52 per square yard. The cost to reconstruct all streets is over $53 million. This is a minimal reconstruction approach. Full replacement of the pavement, base, and structure of the streets would cost substantially more. Town of Tiburon 2008 Pavement Management Program Update (P-TAP 9) Final Report - October 30, 2008 Page ii Executive Summary . Condition of Tiburon's Street Asphalt Pavement The Town's average Pavement Condition Index (PCI) is 68 on a 100-point scale, with 100 being a new street. PC Is for the Town's pavement network are based on a visual distress rating system~. The overall condition of the Town of Tiburon's street pavement is in the upper range of MTC's designation "Good". The 2003 MTC State of Repair report states, "approximately 75 percent of a pavement's serviceable life has been expended by the time its PCI rating falls to 60." Tiburon's average PCI condition value by street classification is as follows: CLASSIFICA TIO N 2005 PCI* 2008 PCI* Arte rial 74 57 Collector 68 62 Resi dential 83 71 Other 58 86 TOTAL SYSTEM 66 68 The following figure i-I shows the Town's total pavement mileage by condition category. Figure i-2 describes the condition categories, their equivalent PCI range, and typical prescribed maintenance treatments: Figure i-I Miles of Streets by Condition 1.2 4.2 II Excellent .Very Good .Good D Poor .Very Poor 14.6 ~Note: PCl weighted by area. *Calculated by an algorithm developed by the Army Corps of Engineers. Town of Tiburon 2008 Pavement Management Program Update (P-TAP 9) Final Report - October 30, 2008 Page iii Executive Summary Figure i - 2 Condition PCI Ran2e Typical Maintenance Treatment Excellent 90-100 Do Nothing. Very Good 70-89 Slurry Seal Good 50-69 Thin AC Overlay or Thick Overlay/Rubberized Asphalt Poor 25-49 Mill and Thick Overlay Very Poor 0-24 Reconstruct Structure (AC) *Table i-2 created by Harris & Associates based on feedback from the Town. The maintenance strategy described above is based on PCI scores and the corresponding condition category. Streets with PCI scores over 90 are considered to be in excellent condition and require no treatment. Streets with scores from 70 to 89 are considered "Very Good", but may require cracks to be sealed and a slurry seal/chip seal. Streets with scores from 50 to 69 are considered "Good" and 25 to 49 are considered "Poor" and generally require a Mill and Thin or Thick AC overlay. Streets with scores below 25 are "Very Poor" and are in need of a surface reconstruct (AC). In the present condition, about I mile of the Town's pavement segments are in the "Very Poor" category . . Budget Analysis Following the treatment strategy described in the table above and an inflation rate of 13%, the MTC PMP software generates a Budget Needs analysis. The Budget Needs analysis projects the total budget needed 00 bring the Town's pavement system to a condition where most pavement sections require only minor preventive maintenance (Le., PCI = 70 or higher). The following chart illustrates the cost effectiveness of keeping the pavement condition index above 70 for a typical street. PAVEMENT Condition (Approx. PCI) EXCELLENT (90) VERY GOOD (70) PA VEMENT LIFE CYCLE RECOMMffiNDEDTREATMENT 40% DROP IN QUALITY 75% OF PAVEMENT LIFE SLURRY (15.00/SQ. YD.) THIN AC OVERLA Yor THICK OVERLA Y/RUBBERrZED ASPHALT ($20.58-$35.28/SQ. YD.) GOOD (50) 40% DROP IN QUALITY NILL AND THICK OVERLA Y ($35.28/SQ. YD.) POOR (25) RECONSTRUCT SURFACE (AC) ($JO~4 - $J07.52/SQ. YD.) VERY POOR (0) 4 8 12 16 20 Pavement Age (Years) Town of Tiburon 2008 Pavement Management Program Update (P-TAP 9) Final Report - October 30, 2008 Page iv Executive Summary The current PCI is reduced annually based on this deterioration curve. Maintenance activities increase the PCI value as they are applied to the segment. The overall program is dynamic in that each strategy consists of a cyclic series of actions that simulates the pavement's anticipated life cycle. As shown in the above picture, a typical pavement section will deteriorate approximately 40% in the first 75% of its lifespan. However, that same pavement section, if untreated, will experience another 40% reduction in overall quality in only the next 120/0 of lifespan, effectively deteriorating an equivalent amount in only one-sixth (1/6) the time. As a result of this continued deterioration, the quantity and cost of the maintenance activities needed to rehabilitate the pavement will increase in both scope and costs. In other words, it is not simply "pay today or pay tomorrow", but rather a "pay today or pay more tomorrow" proposition. Overall pavement maintenance cost is reduced by the timely application of crack sealing, slurry seals and pavement overlays before the sub grade fails and requires a total pavement reconstruction. To reach that level of minor preventive maintenance in five (5) years, the Budget Needs analysis determined a total need of approximately $12.09 million for the years 2008-2012. See section IV-A for the Needs - Projected PCI/Cost Summary. The Budget Needs Average is defined as the cumulative budget needs over the course of the analysis period ($12.09 million) divided by the number of years in the analysis period (5 years). For this study, the Budget Needs Average is $2.4 million per year. After the Budget Needs have been calculated, Budget Scenarios are run to determine the funding levels required to maintain and/or improve the current PCI level and generate a list of street maintenance for the next five (5) years. The software analyses each pavement section and picks specific maintenance to maximize the improvement of the entire pavement system. Maintenance treatments are allocated to as many streets as the annual budget will allow. For the Town of Tiburon, four annual budgets, $500,000 (Expected Annual Blldget I), $650,000 (Expected Annual Budget II and Budget required to maintain current PCI), $1.1 million (Budget required for a five point increase in PCI) and $2.4 million (Budget Needs Average), with 13 percent of the annual budget applied towards preventive maintenance. The MTC PMP software recommends spending 13 percent of the budget toward preventive maintenance because it is the optimum level according to the specific conditions of the Town's system. This means that 13 percent of the annual budget is spent on slurry seal and crack seal while the remainder of the budget is spent on overlays and reconstruction. These budgets do not account for stopgap maintenance repairs, such as emergency pothole repair. . Budget Analysis Results After the MTC PMP software analyzes the pavement system according to the specified annual budget over a period of five (5) years, trends are evident in the PCI and Deferred Maintenance backlog (the amount of necessary reconstruction and overlays not performed each year due to budget constraints). An increase in deferred maintenance shows that necessary rehabilitation is not being performed. The total deferred maintenance in 2008 before any suggested maintenance is around $5.1 million. The following PCI values reflect the average PCI and deferred maintenance after suggested treatments are applied. Town of Tiburon 2008 Pavement Management Program Update (P-TAP 9) Final Report - October 30, 2008 Page v Executive Summary · $0 Annual Funding Level (Do Nothing). PCl Trend: Decreases from a 68 PCI in 2008 to a 58 PCI in 2012. Deferred Maintenance Trend: Increases from $5.1 million in 2008 to $13.09 million in 2012. · $500,000 Annual Funding Level (Expected Annual Budget I). PCl Trend: Decreases from a 68 PCI in 2008 to a 66 PCI in 2012. Deferred Maintenance Trend: Increases from $5.1 million in 2008 to $10.7 million in 2012. · $650,000 Annual Funding Level (Expected Annual Budget II and Budget required to maintain current PCI). PCl Trend: From a 68 PCI in 2008 to a 68 PCI in 2012. Deferred Maintenance Trend: Increases from $5.1 million in 2008 to $10.3 million in 2012. · $1.1 Million Annual Funding Level (Budget required for a five-point increase in PCI). PCl Trend: Increases from a 68 PCI in 2008 to a 73 PCI in 2012. Deferred Maintenance Trend: Increases from $5.1 million in 2008 to $8.2 million in 2012. · $2.4 Million (Budget Needs Average) PCl Trend: Increases from a 68 PCI in 2008 to a 82 PCI in 2012. Deferred Maintenance Trend: Decreases from $5.1 million in 2008 to $771,612 in 2012. Scenario charts sho\",ing the impact of the four budgets on street condition and deferred maintenance backlog over ten (10) year period is shown on the following pages and in Sections IV-B and IV-C. The Cost Summary Reports, which provide information on pavement funding distribution by pavement condition, and the Network Condition Summary Reports, which project pavement condition trends, can be found in Section IV-D. . Recommendations Harris & Associates recommends that, at a minimum, annual budgets for asphalt pavement work alone should be increased to $690,000. Raising the budget to $690,000 will begin an increasing trend in overall pavement condition while slowing the growth of the deferred maintenance backlog. At this budget level, the overall PCI will increase from a 68 PCI in 2008 to a 69 after treatments are applied in 2012. The Town should utilize cost effective treatments where appropriate, such as slurry seals and crack seal and continue to evaluate emerging cost effective techniques like rubberized chip seals, thin-bonded wearing courses and rubberized overlays. Maintenance and rehabilitation performed annually must also be recorded in the MTC PMP software. The software allows the Town to track the performance of past treatment strategies to determine their effectiveness. Town of Tiburon 2008 Pavement Management Program Update (P-TAP 9) Final Report - October 30, 2008 Page vi Executive Summary Harris & Associates also recommends that the Town maintain its pavement management program to be eligible for grants and state gas tax funding. All arterials and collector routes should be re-inspected every two years and all residential streets every four to five years. The costs for the re-inspection should be included in the annual pavement management budget. Tiburon's overall street system is currently in the upper range of MTC's "Good" condition. To help maintain and improve the current condition, certain projects have been recommended within the context of this program. Annual work programs for $500,000 and $650,000 budget levels can be found in Section N-E and Section IV-F. This report provides detailed listings of suggested maintenance projects for the Town of Tiburon based on the overall PMP suggested needs funding and base annual budgets. This report also provides a first step in identifying segments to be repaired under Tiburon's annual work programs. Although these project listings are recommendations generated by the PMP, they are for planning purposes only and are not intended to replace sound engineering judgment. Final project recommendations should be weighed against the actual approach the Town wishes to utilize in scheduling the workloads for contracting purposes. Once a street segment is identified for repair, a closer site inspection and detailed project repair scope is required. Page 1 of2 3. DIGEST .~ \ t-{ \. '" ~ 0 g l (~. (,~, 'W'"'T-.;"^'......................... . '1~"i":\Q-~~'W l " '~1 0,- (\. ~r \../(J \\: \\ #-' \ ~ ('- .t) vJ r .J ~ L - ,:v {' e,....'" ' ~ _~ Scott Anderson From: MTC info [info@mtc.ca.gov] Sent: Friday, December 19, 2008 2:42 PM To: MTC info Subject: Draft Transportation 2035 Plan Available for Comment MTC RELEASES THE DRAFT TRANSPORTATION 2035 PLAN: CHANGE IN MOTION After nearly two years of dialogue and technical analysis, MTC on December 19,2008 released the Draft Transportation 2035 Plan: Change in Motion for public review and comment. The draft document is the Bay Area's transportation blueprint for investing $226 billion in projected revenue expected to flow to the region over the next 25 years. You are invited to comment on this document and its attempt to influence, cause or initiate a whole range of "changes in motion." View All Documents Online! To save costs and paper, MTC encourages you to view both the Draft Transportation 2035 Plan for the San Francisco Bay Area and its companion Draft Environmental Impact Report online at http://www.tntc.ca.gov/planning/2035plan/index.htm. Other technical reports also will be available online. If you require a printed copy, send an e- mail to library@mtc.ca.gov or call 510.817.5836. Comment on the Draft Environmental Impact Report (EIR) Written comments on the Draft EIR must be received by 4 p.m. on Monday, February 2, 2009, at 101 Eighth St., Oakland, CA 94607, Attn: Ashley Nguyen, Planning Section; faxed to MTC, Attn: Ashley Nguyen, at 510.817.5848; or sent via e-mail to anguyen@mtc.ca.gov. Draft Transportation 2035 Plan Written comments on the Draft Plan must be received by 4 p.m. Monday, March 2, 2009. Additional comments can be made before the Commission at its public meetings up to adoption of the plan, expected March 25,2009. Written comments must be submitted to MTC via mail (at 101 Eighth St., Oakland, CA 94607, Attn: Public Information); via e-mail to info@mtc.ca.gov or faxed to MTC at 510.817.5848, Attn: Public Information. Attend a Public Hearing Comment on both draft documents at a public hearing: 12/19/2008 Page 2 of2 Tuesday, January 27,2009 Public Hearing/Workshop: San Francisco 7 p.m. to 9 p.m. San Francisco State Downtown Campus Room 609 835 Market Street, San Francisco OR Wednesday, January 28, 2009 Public Hearing: Oakland 10:05 a.m. MTC Commission Meeting Joseph P. Bort MetroCenter Lawrence D. Dahms Auditorium 101 Eighth Street, Oakland (across from the Lake Merritt BART station) If you do plan on attending a public hearing, please RSVP via e-mail to info@mtc.ca.gov or phone the Public Information Office at 510.817.5757. Please leave your contact information and let us know which hearing you plan to attend. And should you have questions, feel free to phone' the Public Information Office for assistance. Accessible Meetings: Sign-language interpreters or readers will be provided if requested at least three business days in advance; every effort will be made to provide interpreters for non-English speakers ifrequested at least five business days in advance. To make your request, please call 510.817.5757. 12/19/2008 Town ofTiburon. 1505 Tiburon Boulevard. Tiburon, CA 94920. P. 415.435.7373 E 415.435.2438. www.ci.tiburon.ca.us C:~Es-r Community Development Department December 19, 2008 Peter Banning, Executive Officer Marin Local Agency Formation Commission 165 N. Redwood Drive, Suite 160 San Rafael, CA 94903 RE: . 1 .:-; 0 f T I /J ~. ~ l/.p ~ 0 .......~-:::c::ri~ ~~ ~~~ (\ ~ ~~ ~ ~~~~o.'O ";t'~' .'/:. O~"'~to\c.' ~. T . . ..... Cf. Alice Fredericks Mayor Miles Berger Vice Mayor Dick Collins Councilmember 4984 RANCH ROAD: ANNEXATION OF THE LANDS OF Totn. Gram Councdmember HUTCHINSON TO SANITARY DSITRICT NO.2 (ASSESSOR PARCEL. . . . . ..~ . . . . . 038-041-42) Jeff Slavitz Councumember Dear Mr. Banning: The Town of Tiburon is in receipt of your referral on the above-referenced application. This parcel is part of a small island completely surrounded by the Town of Tiburon and Ma~~:;~t~~:ran is in the vicinity of parcels that have annexed to the Town as recently as 2000. Other annexations in the immediate vicinity of the subject parcel occurred in 1994, 1995, and 1998. The parcel has approximately 80 linear feet of frontage on Ranch Road. The Town of Tiburon already maintains nearby portions of Ranch Road and does not consider the addition of this marginal frontage to be an issue with respect to maintenance. Tiburon General Plan policies encourage annexation absent countervailing economic circumstances for the Town, which, in this case, do not exist. Accordingly, the Town requests and recommends that Marin LAFCO modify the application to include annexation to the Town of Tiburon concurrent with annexation to SD#2, or within a defined period of time not to exceed 180 days in the event there are health (failing septic) concerns that require immediate connection to SD#2. Please do not hesitate to call me at 435-7392 should you have questions. Very truly Y. o..urs, /1 ~L~ Scott Anderson Director of Community Development s: IPlanninglStaff Folders \sanderson \Letters \la/co hutchinson leUer. doc 1 I /)~ ~ I MARIN COUNTY ~8.,. I COMMUNITY Ot;Vt;LOPMt;NT AGt;NCY ~ BRIAN C CRAW1=ORD, DIRJ;CTOR NOTICE OF PROJECT STATUS December 30,2008 Martha Company c/o Hanson Bridgett LLP Attn: Mary McEachron 80 East Sir Francis Drake Boulevard, Suite 3E Larkspur, CA 94939 - II~J: ~ 20 2:09~W PU\NNING DIVISION l Re: Easton Point (Martha Company) Master Plan (MP 09-2), Precise Development Plan (DP 09- 4) and Tentative Subdivision Map (SD 09-1_ Paradise Dr, Tiburon Assessor's Parcel Number 059-251-05 , Dear Ms. McEachron, The Planning Division and reviewing agencies have examined the Martha Company applications. This notification is in accordance with State law that requires the County of Marin to inform the applicant in writing of the status of the applications within 30 days of their acceptance for filing. The following requested information must be provided, and questions answered, within 30 days from the d~te of this Notice in order to continue the orderly processing of the applications. Marin County Community Development Agency. Planning Division 1. Sheet R-5; amend this drawing to include the Ridge and Upland Greenbelt Boundary as drawn in the Marin Countywide Plan adopted on November 6, 2007. Also include the two zoning district boundaries on the subject property. 2. The Landslide Exhibit (Sheet GR1, dated November 20, 2008 prepared by Miller Pacific) that presents conceptual geologic repair solutions was reviewed. The limits of grading (shown as Remove & RephlCe on Sheet GRI) are not clear. It is understood that the plan is conceptual and that grading limits are approximate, but the map still needs better labeling to show the approximate extent of the proposed grading. In addition; a description of what remove and replace will entail will be useful for evaluating impacts in the EIR. Also, where/how will sub-drain lines daylight. For instance, landslides # 19 and #20 appear to daylight on the slope just above landslide #21. It is not clear how the sub-drain lines will drain near the buried drilled pier & grade beam walls. This information will be critical in assessing direct and secondary impacts to site hydrology and related sensitive plant communities, including Keil Spring. Perhaps a color-coded map would simplify the interpretation of grading/remediation boundaries and sub-drain alignments. 3. The Grading and Drainage Plans (C-l, C-IA, & C-IB) must include the extent of anticipated grading and earthwork estimates for the sewer force mains shown on Sheet C-3. Do the earthwork estimates on Sheets C-l, C-IA, & C-IB include excavation and fill estimates associated with installation of the storm drains shown on the plans? 350 I CIVIC Cf;NTf;R DRIVf;. ROOM 308 - SAN RA1=Af;L. CA 94903-4157 - 415-499-6769 - J=AX 415-499-7880 4. A note on Sheet C-3 calls for the construction of an 800 linear foot, 4-inch SSFM within Paradise Drive from Mar Centro to the existing manhole #33A. The grading plans need to include the extent of grading for installation of the SSFM and the corresponding earthwork estimate. Does the applicant propose to abandon in place or remove the existing water main serving the existing MMWD water tank on the property? If the proposal is to remove the line please include the earthwork estimate for removal of the water line. Should the shaded building sites shown on Sheet A-I be construed as proposed building envelopes? Are proposed public access easements limited to Ridge Road and Mount Tiburon Road including the access to Parcel C? Is the applicant proposing any other pedestrian access easements linking a~jacent residential neighborhoods to public open space lands? If so pleas~ identify the proposed "location of the' pedestrian links on Sheet C-5. Project Narrative, -Section D ,- Project Benefits '#3 states that one of the benefits of the project is the upgrade of existing substandard facilities. What and where are the existing substandard facilities? Is the existing fire road alignment from Ridge'Road to the top of the Tiburon ridge within an ex'isting easement? Is there an existing recorded easement over the pipeline route that connects the Lands of Kiel with Kiel Cove? The Project Narrative refers to the Chapman Residence. Please locate or identify the residence on the existing Topography Map (Sheet R-2). Project Narrative - Exhibit C, Policy CD 6.1 on page 6 of 9 states "the project sill seek annexation to the Town of Tiburon simultaneously with annexation to the Sanitary District". Is the applicant filing simultaneous annexation applications with the Marin Local Agency Formation Commission to annex the subject property into the Town ofTiburon and Sanitary District #5? Does the application include a proposed public access easement connecting Ridge Road with . proposed Open Space Parcels A and B, and Old Saint Hilary Open Space lands? If so please show the locations on Sheet C.;.5. Please provide a statement as to whether the new roadways shown on the Tentative Subdivision Map are proposed for dedication to the County of Marin or are to remain private and maintained by the property owners. What are the dimensions of the proposed private access easement over Lot #5 to serve Lot #6? Project Narrative - page 28 states that the project sponsor intends to provide traffic safety measures specified in the 2001 Draft EIR. Describe these traffic safety measures and provide drawings of any improvements associated with these safety measures. The Project Description in the January 11, 2008 Miller Pacific Engineering (MPE) Preliminary Geotechnical Report does not include a review of the Conceptual Grading Plans for each lot in the proposed subdivision (Sheets G-l through G-34). MPE needs to review and comment on the conceptual grading plans for the lots. MPEG's comments are to be submitted in writing to the Marin CDA - Planning Division. The information in the Project Narrative on anticipated culver replacement and repair (pages 3 of 15 through 5 of 15 in Exhibit E) is qualitative and does not identify the location along Paradise Drive where culverts may have to be replaced or repaired. Do the Tentative Map drawings (Sheets C-l through C-5) show the improvements described on pages 3 of 15 through 5 of 15 in Exhibit E? If not these improvements need to be included on the Tentative Map drawings. Project Narrative, Exhibit E makes reference to Exhibit 5.2-2 of the 2001 Draft EIR. Please submit a copy of this exhibit to the Marin CDA Planning Division. Project Narrative, Exhibit E, Page 4 of 15 states that any undersized culverts, flumes or storm drain segments on Mar East Drive, and other street-based storm drain systems that would accept discharge from upgraded Paradise Drive culverts will be upgraded, ,or as necessary, replaced as directed by the County of Marin DPW. Provide a drawing that shows the location of existing culverts, flumes or storm drains on these streets that may need to be replaced or upgraded. 5. 6. 7. . ~.:', ~ :~~r ' 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 2 21. Please submit the draft CC:;&Rs for the proposed land division and incorporate the provisions and mitigation measures described in Exhibit E of the Project Narrative. 22. The Supplemental Groundwater Investigation prepared by Questa Engineering does not reference Miller Pacific Engineering Group's (MPEG) Preliminary Geotechnical Report dated January 11, 2008 including the mapped landslides, and the landslide repair and drainage measures recommended in the report, and the installation of subsurface drains. Furthermore, the geology presented in the Questa report contradicts the geology presented in the MPEG report, as well as past investigations and field exploration done by Harding Lawson and Klienfelder. Furthermore, the . Supplemental Groundwater Investigation did not reference the conceptual lot grading plans (Sheets G-l through G-43) nor did it consider the effects of recommended retaining walls an~ drains on groundwater recharge. The Supplemental Groundwater Investigation needs to be updated to address the findings and recommendations of MPEG's Preliminary Geotechnical Report, and the potential effects of the conceptual lot grading plans (G-l through G-43) on groundwater. 23. The Updated Tree Survey needs to include a discussion of the methodology including a discussion of why five transects and their respective locations were determined to be representative of on-site woodlands. What factors were considered to support the assumption that there has been no new tree growth since the last tree survey? Where the size of trees in the tree table adjusted to the new growth assumptions? What does it mean when the size of a tree is shown as a range (e.g. 2-10")? There are a few trees listed in the tree tables that did not include species type. Why was the species not determined? Why was there no discussion or assessment of sudden oak death (SOD) in the updated tree survey? 24. Provide an update to the Easton Point Hydrology Analysis prepared by CSW/Stuber Stroeh in July 1999. The update shall include information regarding impervious surfaces areas and peak flow calculations for the 2008 Easton Point project (see also Marin DPW request #39). 25. All the information needed to produce the EIR analyses, the photo simulations, and other EIR exhibits, including site plans; topographic data including existing and proposed grading, conceptual architectural drawings (floor plans and elevations), architectural. material sample boards, and landscape plans must be made available from the applicant in digital form. 26. Installation of the story poles to mark the location of houses on the project site would be very helpful to the EIR visual impact analyses. Marin CDA staff and the EIR consultant will work with the applicant to form~late a story pole placement plan. Marin County Department of Public Works. Land Use and Water Resources (Mitra MoheblMichel Jeremias 415-499-6549) 27. Provide a current Title Report for the subject property. Clearly show and label all.easements on site plan as they are described in the title report. 28. Plans shall include complete property line boundary information. Bearings are missing on sheet C4. 29. Plans shall include profiles with stations for Forest Glen Court, Ridge Road, Mount Tiburon Road and two driveways off of Paradise Drive. As required by MCC 24.04.285, the driveway vertical transition shall start at least four feet back from the edge of the adjoining~ road. Show profile to centerline of the respective adjoining streets. 30. Clarify who will retain ownership/maintain the driveway section between lot 39 and PCL C. 31. Plans do not show access or utility services to Parcel B or Lands of Kiel. Access easements to these parcels should be shown on Sheet C-5. 32. Provide total acreage of site disturbance on plans. . 33. Provide information on how the driveway turnaround and turnouts meet MCC 24.04.150. 34. Provide documentation that the roadways and turnarounds designs have been reviewed and approved by the Fire Department. 35. The subdivider shall dedicate or make an irrevocable offer of .dedication of all parcels of land or easements within the subdivision that are needed for streets or alleys, including access rights and 3 abutters' rights, drainage, public utility easements, and other public easements. These dedications shall comply with all applicable requirements of MCC 24.05 of the County Code (Easements). 36. An access and utilities easement shall be recorded for all driveways on lots that provide access to public areas. Such easements shall be wide enough to include all work. 37. Road width for Mount Tiburon Road, Ridge Road, Forest Glen Court shall comply with MCC 24.04.110. Per MCC 24.05.020, public rights-of-way shall be a minimum of 40-feet in width and shall extend a minimum of iO-feet beyond the ultimate pavement and curbs. Unless separate easements are provided, road related facilities such as sidewalks, drainage structures, fire hydrants, and utilities shall be fully contained within the road right-of-way. Adjust public right-of-way around roundabouts and turnouts. Modify sections to include code requirements. Sections should be clearly referenced by begin and end stations. 38. Submit a Surface Runoff Pollution Prevention Plan for approval by DPW. The plan shall identify all measures to be installed during site construction to maintain long term site runoff water quality measures including grease traps, .infiltration trenches, grassy swales, pervious surfaces. 39. Applicant shall reference "Guidance for Applicants Stormwater Quality Manual for Development Projects in Marin County" for help preparing a stormwater control plan. The manual is also available at http://www.mcstopoD.org/newdevresources.htm. 40. Submit hydrology and hydraulic calculations for the existing and post construction drainage to verify the capacity of the existing. public storm drain i~provements and downstream drainage structures. MCC 24.04.520, MCC 24.04.540. 41. All proposed drainage structures, including pipes and energy dissipaters shall be moved back to terminate on property. There are encroachments of such facilities being proposed on various locations within Paradise Drive road right-of-way. 42. All structures shall be set back from creeks, channels or other major waterways at least twenty feet from the top of bank or twenty feet plus twice the channel depth measured from the toe of the near embankment, whichever is greater. MCC 24.04.560. Verify location of buildings in lots 18 and 19 comply with code. 43. Add pedestrian circulation including access to adjoining streets to Master Plan, Precise Plan and Tentative Map drawings. 44. All facilities shall be located, constructed, operated, and maintained in the time, place and mamler that causes the least interference with the public's use of the public right-of-way as determined by and approved by the Road CommissionerlDirector of Public Works. 45. Plans show two ancient faults. One of these is located underneath proposed roads and structures. Clarify if special construction measures are necessary. 46. Identify the location of potential walls that exceed 4-feet in height. 47. Revise plans to include at least one street name sign shall be placed at all street intersection. The word "Private" shall be placed on all name signs for private'roads. MCC 24.04.220. 48. Revise plans to include tentative locations of proposed streetlights as described on the Project Narrative. Refer to MCC 24.04.855 and 24.04.860 for recommended locations. 49. Prepare and submit a traffic engineering study that addresses the following: a). A sight distance analysis for all proposed driveway and roadway intersections with Paradise Drive. b). The need for a left-turn pocket at the proposed intersection of Forest Glen Court and Paradise Drive. c). Show on plans all Paradise Drive frontage improvements needed to comply with MCC 24.04.110. d). Show on plans the frontage improvements on Paradise Drive required to comply with the Marin County Unincorporated Area Bicycle and Pedestrian Master Plan adopted in March 2008. 4 Marin County Department of Parks and Open Space (James Ravies. Senior Open Space Planner 415-499- 6387) 50. As currently designed, Parcel B is completely isolated by residential lots and does not include an access easement, and thus, the future owner of this parcel will not be able to access this property for stewardship purposes. Therefore, Parks and Open Space staff recommends that the applicant revise. the project to include an access easement appurtenant to Parcel B. Tiburon Fire Protection District (Ron Barney. Fire Marshal 415-435-7200) 51. Provide the proposed location of fire hydrants and the show the water lines serving the hydrants on the tentative map drawings. 52. Part of the proposed alternate means of fire protection if road grades are proposed that exceed the Public Resource Code maximum 16 to 18% slope is to widen the roadways and provide turnouts for fire apparatus. The detail cross section of the terminus of Ridge Road does not indicate the proper width for the paved road surface. Town of Tiburon (Scott Anderson 415-435-7373) 53. The description of cut and fill associated with the proj"ect, set forth in the Project Narrative onpage 26 discusses only subdivision improvements and not home construction. This grossly underestimates the amount of cut, fill and potential off-haul that would result from the project. The application should estimate total cut/fill and off-haul associated with the project and the traffic and safety impacts associated therewith on the narrow and substandard Hill Haven and Old Tiburon public streets. Attached to this Notice of Project Status are copies of correspondence received from other County Departments and other public agencies. Comments related to project completeness have been incorporated into the prec~ding incompleteness list. However, other comments in the correspondence received relate to other issues associated with the project including project processing and merits. Matters unrelated to application completeness do not require a response,. but are provided for your information. Please carefully review the items indicated above and call the pertinent agency staff member at the number listed at the top of each heading if you have any questions. If you disagree with this decision regarding completeness of your application, you may appeal it to the Planning Commission. A Petition for Appeal and a $600.00 filing fee must be submitted in the Community Development Agency, Planning Division, Room 308, Civic Center, San Rafael, no later than 4:00 P,M., January 15, 2009. Please call Christine Gimmler at (415) 499-6285 if you have any questions about the status of your application. cc: Charles McGlashan, President, Marin County Board of Supervisors Brian Crawford, Director, Marin Community Development Agency Tom Lai, Deputy Director of Planning Services Christine Gimmler, Senior Planner David Zaltsman, Marin County Counsel 5 Michel Jeremias, Marin County Department of Public Works James Raives, Senior Planner, Department of Parks and Open Space Scott Anderson, Community Development Director, Town ofTiburon Ron Barney, Fire Marshal, Tiburon Fire Protection District Joseph Eischens, MMWD John Reed, Mart~a Company Scott Hochstrasser, IP A, Inc. Attachments: 1. Tiburon Fire Protection District, Letter Dated December 8, 2008 2. Marin Municipal Water District, Letter Dated December 10, 2008 3. Tiburon Community Development Department, Letter Dated December 19,2008 4. Department of Public Works, Memorandum Dated December 26, 2008 5. Department of Parks and Open Space, Memorandum Dated December 26,2008 6 ~IGEST 0 . Town of Tiburon MEMORANDUM TO: Peggy Curran, Town Manager FROM: Nicholas Nguyen, Director of Public Works 1---- cc: Mike Cronin, Chief of Police SUBJECT: Street Smarts - Transportation Authority of Marin DATE: December 18, 2008 . ....................... ..................... ...... The Transportation Authority of Marin has developed a program called Street Smarts designed to bring greater awareness to traffic and pedestrian safety in our communities. It is comprised of professionally developed flyers and literature, yard signs, street light banners, and other material. The intent is to change or affect the behavior of motorists, bicyclists, and pedestrians to follow and understand the rules. The program understands how public information can lose its effectiveness if left out continuously so it factors this in by establishing guidelines on timing, placements, and the like. Attached is a sample flyer of the program. Deployment of the program is driven by who wants to pay for it. I see a big berefit for our community in deploying the program; if only portion of it as it is somewhat menu-based. The program has different elements, such as various signs, flyers, and outreach material. We can choose all implement all or just one element. At the moment, I recommend implementing only portions of the program dues to limited resources. The entire program can cost up to $10,000, but partial deployment can be much lower. We may want to consider funding this program in the future. To: The Town of Tiburon From: Kevin Brown, Skate Park Consultant Date: December 30, 2008 Re: A Skate Spot D~, '1G~8-,. 7. RECEIVED JAN - 9 2009 TOWN MANAGERS OFFICE TOWN OF TIBURON Dear City Council Members, I am writing to you today to explain how a "skate spot" would benefit your community. Both inexpensive and highly successful, well designed skate spots are the solution to skateboarders damaging city property due to not having an adequate place to do what they love, skateboarding. Sincerely, Kevin Brown 510-421-1920 skateparks424@yahoo.com Skate Spots The newest trend in city master planning is the creation of "skate spots." Skate spots are small and inexpensive concrete areas that are both aesthetically pleasing and functional for pedestrians, and a perfect place for skateboarders to skate the terrain they love. Skate spots replicate urban environments but are designed ideally for skateboarders and are built in a manner that they can easily tolerate the wear and tear produced by skateboarding. Here are the benefits of having one or more skate spots in your city: . Roughly 80% of skateboarders are street skateboarders. This means that if your city doesn't have a skate park, or has a skate park that lacks well designed urban elements, skateboarders will take to the streets and skate city property in order to meet their needs. . Due to the fact that skate spots are often as small as 1,400 sq. ft., require no extra maintenance than a normal park for pedestrians, and do not require supervision, they are very inexpensive. . When skate spots are designed by an experienced skate park designer like myself, they offer the best aspects of urban skateboarding in a fully functional, safe, creative, and fun manner. Skateboarders love skate spots for this reason and the fact that they are unmonitored and unfenced makes them feel that they are skating "real" street. . According to'the city of Tracy, CA (which decided to do 2 additional skate spots after their first one was so successful), skate spots require no extra liability or maintenance than any other amenity such as a basketball court or tennis court, and are highly successful as well as being easy to build. . In cities with only one centrally located skate park, many skateboarders have to depend on motorized transportation to get to the park. If public transportation is inadequate and if skateboarders can't get a ride or drive, then they will skate city property to meet their needs. With skate spots spread evenly throughout the city, all skateboarders will have a place to do what they love and will have no reason to skate public property which ends up costing cities exponentially more money than building skate spots. Skate spots solve the problem of skateboarders damaging city property and interrupting businesses, by giving them safe, well designed, well built, "real" urban skate spots. In addition, skate spots make the 13 million skateboarders in the United States feel welcomed and cared for by society instead of feeling like criminals for attempting to practice the sport that they love, skateboarding. Kevin Brown Skate Park Consultant Cell Phone: 510-421-1920 Skateparks424@yahoo.com It is my passion to help cities get an ideal skate park or skate spot for less money than they would be spending without my services. My expertise includes skate park design, project management, running community outreach workshops, quality control, and an in depth understanding of the entire skate park process and issues that need to be considered before starting a skate park project. With my services, you will not be shooting in the dark in tenns of what style of skate park to build, what designer to use, how to write the ideal RFPs and RFQs, and many other issues that detennine whether or not your skate park will be successful. Here are the ways I can help your city in the skate park or skate spot process: · I have worked with over 15 cities to help them get an ideal skate park, so I fully understand how the skate park process works and can save you time and expense. · I have actively been skateboarding for 14 years, and have been a volunteer skate park advocate and designer since 2003. The only thing I love more than actually skateboarding is helping cities to get a well designed, built, and affordably priced skate park. For these reasons, I speak both the language of the skateboard community and the business language of cities. I am the perfect intermediary between the two parties which in my experience are almost never connected. By connecting these two parties and having a skate park expert like myself involved every step of the way, skate paiks come out ideally. . I know all of the pros and cons of every different style of skate park (prefabricated ramps, prefabricated concrete, concrete plaza, concrete flow park, etc.), and skate park design firms because I have skated almost 100 different skate parks and have worked with 5 of the top design firms on a volunteer basis. · My Bachelor's Degree in Industrial Technology which focused on developing presentation skills, project management skills, and quality control skills has perfectly prepared me to run the community outreach workshops for cities ( I have been to 16 of these), and ensure that projects come out ideally from their inception to completion. My services will save you expense, research, and stress because I will be there through out the entire project and will ensure that your city's skate park or skate spot will be 100% functional, affordably priced, fun, unique, and very successful. Sincerely, Kevin Brown 1;. TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Planning Conunission January 14,2009 -7:30 PM AGENDA /)IG~ ~8-r TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL Chairman O'Donnell, Vice Chainnan Kunzweiler, Commissioner Corcoran, Commissioner Fraser, Commissioner Frymier ORAL COMMUNICATIONS Persons wishing to address the Planning Cormnission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, itelns that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) Ininutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Cohunittee Reports Director's Report PUBLIC HEARING 1. 2000 PARADISE DRIVE: CONDITIONAL USE PERMIT: RESOLUTION DENYING APPLICATION TO REPLACE AN EXISTING RESTAURANT BUILDING (THE CAPRICE) WITH A NEW RESTAURANT BUILDING; FILE #10707; Point Tiburon Plaza, Inc., Owner; Hank Bruce Architects, Applicant; Assessor's Parcel No. 059-172-46 [DW] DISCUSSION ITEM 2. ANNUAL CALENDAR FOR 2009 MINUTES 3. PLANNING COMMISSION MINUTES - Regular Meeting of December 10,2008 Agenda Tiburon Planning Commission January 14,2009 Page 1 ADJOURNMENT Future Agenda Items 700 Tiburon Boulevard - Belvedere Tennis Club - Six-Month Review of Conditional Use Permit (1/28/09) 1600 Mar West - Tiburon Peninsula Club - Six-Month Review of Condition of Approval of Conditional Use Permit (1/28/09) Agenda Tiburon Planning Commission January 14,2009 aO 11409 Page 2 DESIGN REVIEW BOARD AGENDA C/~,. ~~)-- qj TOWN OF TIBURON 1505 TIBURON BOULEVARD TIBURON, CA 94920 DATE: 1/15/09 MEETING TIME 7:00 P.M. AGENDA NO.: #1 PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always address the Chair; (2) State name for the record; (3) State views/concerns succinctly; (4) Limit presentation to three minutes,' (5) Speak directly into microphone and (6) All documents submitted at the meeting must first be submitted at the Staff table, to be entered into the record and retained by the Town. If an item is continued, it is the responsibility of interested parties to note the nevv meeting date. Notices will not be sent out for items continued to a specific date. Any documents produced by the Town and distributed to a Inajority of the Design Review Board regarding any item on this agenda, including agenda-related documents produced by the Town after distribution of the agenda packet 72 hours in advance of the Board meeting, will be available for public inspection at Tiburon Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. A. ROLL CALL: Chair Doyle, Boardmembers Chong, Glassner, Tollini and Wilson B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA) C. STAFF BRIEFING D. ELECTION OF VICE-CHAIR E. OLD BUSINESS BEFORE THE BOARD 1. 5035 Paradise Drive Marsh New Dwelling 2. 5 Rolling Hills Road Western Liability h1surance Additions/Variances/Floor Area Exception CONTINUED TO 2/5/09 F. NEW BUSINESS BEFORE THE BOARD 3. 30 Pamela Court Simonson Additions CONTINUED TO 3/5/09 G. APPROVAL OF MINUTES #19 OF THE 12/18/08 DESIGN REVIEW BOARD MEETINGS H. ADJOURNMENT **PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER** I tJ J TOWN OF TIBURON Tiburon Town Hall ;;; 1505 Tiburon Boulevard Town Council Chambers Tiburon, CA 94920 Regular Meeting Tiburon Parks, Open Space and Trails Commission January 20,2009 - 6:00 PM AGENDA DIG ~8~ TOWN OF TIBURON PARKS, OPEN SPACE AND TRAILS COMMISSION CALL TO ORDER AND ROLL CALL Chair Winkler, Vice-Chair Sperber, Commissioners Feldman, Leighton and McMullen ORAL COMMUNICATIONS Persons wishing to address the Parks, Open Space & Trails Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Parks, Open Space & Trails Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action or follow-up may be referred to Town Staff or placed on a future Parks, Open Space & Trails Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING . Staff Information Items Cypress Hollow Park Improvement Proposal Open Space Management Plan Development SUBCOMMITTEE REPORTS . There Are None MINUTES . Approval of Minutes - Regular Meeting of November 18,2008 ADJOURNMENT Tiburon Parks, Open Space & Trails Commission January 20,2009 Page 1 ~ MARIN MUNICIPAL ~ WATER DISTRICT ~~ @ ~ U \VI ~~ ~ JAN 2 2009 @ UI PLANNING DIVISION 220 Nellen Avenue Corte Madera CA 94925-1169 www.marinwater.org December 23,2008 Scott Anderson Director of Community Development Town of Tiburon, Community Development Department 1505 Tiburon Boulevard Tiburon, California 94920 DIG ~8~ RE: MMWD Desalination Project EIR - Response to Comments Dear Scott, On behalf of the Marin Municipal Water District (MMWD) thank you for your constructive comments on our Draft Environmental Impact Report (Draft EIR) for the proposed Marin Municipal Water District Desalination Project (State Clearinghouse No. 2003082037) released in November 2007. In accordance with Section 15088(b) of the Guidelines for Implementation of the California Environmental Quality Act (CEQA Guidelines) the Marin Municipal Water District is providing you with responses to your comments on the Draft EIR. The complete Final EIR, including the revised EIR, appendices, comments on the Draft EIR, and responses to all comments submitted on the Draft EIR, is available for download at www.marinwater.org. The MMWD Board of Directors will consider certification of the Final EIR for the project at their meeting of February 4, i009. The meeting will be held at 220 Nellen Avenue, Corte Madera, California, beginning at 7:30 PM. If you have any questions concerning the District's responses to your comments please contact me at the contact information shown below. :~~ Dain Anderson Environmental Services Coordinator 220 Nellen Avenue Corte Madera, California 94925 (415) 945-1586 (415) 927-4953 (fax) danderson@marinwater.org recycled recyclable 6.0 COMMENTS FROM LOCAL AGENCIES AND ORGANIZATIONS L-12 TIBURON COMMUNITY DEVELOPMENT DEPARTMENT, SCOTT ANDERSON Town of1ibuJon. 15051iburon Bou1cvard. Tiburon. CA 94920. P. 415.435.7373 F. 415.435.2438' \\ww.ci.tibwon.ca.us Community Development Department February 12,2008 Eric McGuire Environmental Services Coordinator Marin Municipal Water District 220 Nellen Avenue Corte Madera, CA 94925 RE: TOWN OF TIBURON COMMENTS ON MMWD DESALINIZATION PROJECf DRAFI' EIR Dear Mr. McGuire: The Town of Tiburon is in receipt of the DEIR. for the above-referenced project. Town Staff notes that the project proposes construction of a 2 million gallon tank on Town- owned open space, dedicated to the public for open space purposes and subject to a reversionary clause held by the prior. owner. This tank would also require the installation of a water pipe underneath Town open space and the securing of access and maintenance rights over the open space. The Town offers the following comments on the DEIR: 1. All of the Southern Marin water tank locations descnbed in the DElR appear to be located on publicly-owned open space lan~ held either by the Town of Tiburon or by the Marin County Open Space District. This narrow selection of alternative sites L-12-1 automatically creates a conflict between MMWD and the public agencies which hold pte open spaces in public trust for uses that are incompatible with MMWD's proposed 11Se. If at all possible, the DEIR. should identify and evaluate alternative locations where these conflicts with fellow public agencies may be avoided. 2. The DEIR alternatives section (Section 6) discusses and dismisses alternative tank locations in summary fashion. For example, alternative tank location Ridgecrest "B" is dismissed from further disCussion on the basis that "The site is in open grassland in an area that is more visible to the surrounding area than the Ridgecrest "A" site." There is no indication given that a tank at the Ridgecrest ''Bn location would result in a finding different than the "less than significant" visual impact finding made for the Ridgecrest "An site. In fact, no evidence or analysis is provided to support the assertion L-12-2 of greater visibility of the Ridgecrest "B" site. Town Staff suggests that a photo simulation similar to that prepared for the Ridgecrest A site be prepared, or, more definitively, that story poles be erected in both locations such that the visual impacts associated with each alternative can be reasonably assessed from multiple vantage points.. Other than the purported visibility issue, the DEIR indicates no difference in impacts between the two alternatives. In addition. the two other alternative tank locations. on the west side ofU. S. Highway 101, are also summarily dismissed from further review on the grounds that wetlands vegetation "could potentially be affected", l' _~~~1{; Comments and Responsesdoc\18-DEC-08\OAK 6-118 Marin Municipal Water District 6.0 COMMENTS FROM LOCAL AGENCIES AND ORG~NIZATIONS L-12-2, Cont. or that the alternative". . ..could cause a substantial adverse change in the significance of known potentially unique archaeological resources...." Speculative phrasing of this nature is not sufficient to foreclose consideration of an alternative, nor does it inspire confidence that the alternative locations were seriously evaluated before being dismissed from further review. The alternatives section should be revised and augmented accordingly. L-12-3 3. Mitigation Measure 4.8-1 proposes that MMWD purchase or trade open space land with the Marin County Open Space District to mitigate the loss of public open space land that would, in fact, be taken from the Town of Tiburon. This mitigation measure as drafted, while intending to address a County land use plan consistency impact, misses the mark in both the political and the practical sense. First, the real party in interest for purposes oftbe proposed storage tank at Ridgecrest "A'; is the Town of Tiburon, not the Marin County Open Space District. Second, the mitigation measure should require that any lost open space land be replaced within the Town of Tiburon or on the Tiburon Peninsula, rather than anywhere in Marin County as the current mitigation measure suggests. Finally, the Town ofTiburon should be included at an early stage in any discussions regarding the Ridgecrest "A" open space land, should the desalinization project actually proceed toward implementation. Please also be advised that the Tiburon Town Council has neither been approached by L-12-4 MMWD regarding this project, nor discussed or taken any official position on the project to date. Thank you for the opportunity to comment on the DEIR for this project. Please feel free to contact me at 415~4357392 should you have any questions. Very truly YOl.\fS, ~' Scott Anderson Director of Community Development Cc: Town Manager Town Attorney Weekly Digest S:\Planning'StafTFolders\sanderson\Lettcrs\MMWD dcsalinizatiOlltank deir comment lettcr.cIoc Responses to Comment L-12 L-12-1 No fea~ible alte!'natives to the. southern Marin tank sites exist. The EIR evaluates three alternatIve tank sItes: the Horse Hill site, Chapman site, and Ridgecrest B site (Final EIR, pp. 6-4 to ~-8). The EI.R concludes that none o~ the sites would avoid or lessen potentially significant env.lronme~tal Impacts. Therefore, the sItes were not carried forward for further environmental ~evIew. (Ibzd.) Th~ com~enter suggests that alternative sites should be considered that would not Impact land held In pubhc trust as open space. Mitigation Measure 4.8-1 requires a minimum of MMWD Desalination Project Final EIR 6-119 Comments and Resp<J1sesooc\l 8-DEC-08\OAK 6.0 COMMENTS FROM LOCAL AGENCIES AND ORGANIZATIONS 1: 1 replacement of open space that is lost as a result of development of the Ridgecrest A tank site. Implementation of this mitigation measure reduces the potential impact from development of the site to a less-than-significant level (Final EIR, p. 4.8-8). In the almost 40 years MMWD has been studying ways to distribute supplemental water supply to customers, the sites discussed in the EIR have been the sites found to be suitable. While the sites were once privately owned, they are now open space or quasi-open space. MMWD believes that the proposed site would have no visual impacts on surrounding areas, except in the case of hikers who walk to the site. However, in order to use this site, MMWD would have to provide replacement property of equal or greater value as open space. L-12-2 According to Section 15126.6 of the CEQA Guidelines, the range of potential alternatives to the proposed project should include those that could feasibly accomplish most of the basic objectives of the project and could avoid or substantially lessen one or more of the significant effects. None of the alternative southern Marin tank sites would avoid or substantially lessen any of the impacts identified for the Ridgecrest A tank site. In fact, each of the alternative southern Marin tank sites would potentially have greater impacts than those associated with the Ridgecrest A tank site. These alternative southern Marin tank sites were seriously considered by MMWD and were subjected to the same field studies as the Ridgecrest A tank site. As discussed in Section 6.3.7 of the EIR, the Horse Hill Fire Road would need to be improved for permanent access to the Horse Hill.tank site, which could cause a substantial adverse change in the significance of known potentially unique archaeological resources (CA-MRN-520 and CA-MRN-598), as defined in CEQA Guidelines Section 15064.5. This impact would be potentially significant. All other impacts were found to be similar to those of the proposed tank site at Ridgecrest A. Since no impacts would be reduced and two potentially significant impacts were identified, this alternative tank site was not carried forward for environmental review. The Chapman Tank site contains a drainage at the beginning of the utility easement just south of Fairview A venue. The drainage supports wetland vegetation that could potentially be affected by the construction of access to the tank site. An impact to wetland vegetation would be considered potentially significant. All other impacts were found to be similar to those of the proposed tank site at Ridgecrest A. Since no impacts would be reduced and one potentially significant impact was identified, this alternative tank site was not carried forward for environmental review. The Ridgecrest B tank site is in open grassland in an area that is more visible to the surrounding area than the Ridgecrest A site, since the Ridgecrest A site contains a screen of mature trees to the north and northeast. All impacts were found to be similar to those of the proposed tank site at Ridgecrest A. Since no impacts would be reduced, this alternative tank site was not carried forward for environmental review. A visual simulation of this site was not prepared since it was not carried forward in the analysis. L-12-3 Mitigation Measure 4.8-1 has been modified as follows: Comments and Responses.doc\! 8-DEC-08\OAK 6-120 Marin Municipal Water District 6.0 COMMENTS FROM LOCAL AGENCIES AND ORGANIZATIONS MMWD will work with the Marin County Open Space District and the Town of Tiburon to identify the location and amount of lands (minimum mitigation ratio of 1:1) that can be purchased or MMWD-owned land that can be traded to offset the loss of this open space land. Preferably the land would be contiguous to other existing open space managed by the Marin County Open Space District and located on the Tiburon Peninsula. MMWD will then execute the agreed-upon exchange. (Final EIR, p. 4.8-8.) L-12-4 A meeting was held with Scott Anderson, Director of Community Planning of the Town of Tiburon on January 21, 2004, to obtain feedback on the alternative tank site locations. Paul Helliker, General Manager of MMWD, made a presentation to the Tiburon Town Council on March 19, 2008. In addition, the Town of Tiburon was included on general mailing lists that were used to disseminate information about the proposed project, as well as to invite individuals and groups to attend hearings on the scope of the then-proposed EIR as well as informational sessions regarding the proposed project. Mitigation Measure 4.8-1 has been modified as described in the response to Comment L-12-3. MMWD Desalination Project Final EIR 6-121 Comments and Respmses.doc\ 18-DEC-08\OAK