HomeMy WebLinkAboutTC Agd Pkt 2009-07-01TOWN OF TIBURON Regular Meeting
Tiburon Town Hall Tiburon Town Council
1505 Tiburon Boulevard July 1, 2009
Tiburon, CA 94920 Regular Meeting - 7:30 p.m.
Closed Session - 6:00 p.m.
AGENDA
TIBURON TOWN COUNCIL
CLOSED SESSION - (6:00 p.m.~
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Bonander, et al. v. Town of Tiburon
Town of Tiburon v. All Persons Interested, etc.
Mostyn v. Town of Tiburon et al.
Sylvia v. Town of Tiburon; Town of Tiburon v. Sylvia
Esposito/Malashy v. Town of Tiburon
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Section 54956.9(b))
Martha Company
LIABILITY CLAIMS
(Section 54956.95)
Name of Claimant: Bob Schoenfeld
Agency claimed against: Town of Tiburon
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Gram, Councilmember Slavitz, Vice Mayor Berger,
Mayor Fredericks
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
ORAL COMMUNICATIONS
Persons wishing to address the Town Council on subjects not on the agenda may do so at this
time. Please note however, that the Town Council is not able to undertake extended
discussion or action on items not on the agenda. Matters requiring action will be referred to
the appropriate Commission, Board, Committee or staff for consideration or placed on a future
Town Council meeting agenda. Please limit your comments to three (3) minutes.
PRESENTATION
Update on Marin Energy Authority - (Dawn Weisz)
CONSENT CALENDAR
All items on the Consent Calendar may be approved by one motion of the Town Council unless
a request is made by a member of the Town Council, public or staff to remove an item for
separate discussion and consideration. If you wish to speak on a Consent Calendar item,
please seek recognition by the Mayor and do so at this time.
1. Town Council Minutes -Adopt minutes of June 17, 2009 meeting (Town Clerk Crane
Iacopi)
2. Paradise Drive Prezoning Project - Adoption of Ordinance Prezoning Unincorporated
Territory in the Paradise Drive Area of the Tiburon Planning Area near the Southeastern
end of the Tiburon Peninsula (Director of Community Development Anderson)
3. Heritage &t Arts Commission Annual Report - Accept report (Town Manager Curran)
4. Town Investment Summary - Accept May 2009 report (Director of Administrative
Services Bigall)
TOWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest -June 19, 2009
• Town Council Weekly Digest -June 26, 2009
ADJOURNMENT
GENERAL PUBLIC INFORMATION
ASSISTANCE FOR PEOPLE WITH DISABILITIES
In compliance with the Americans with Disabilities Act, if you need special
assistance to participate in this meeting, please contact the Town Clerk at (415) 435-
7377. Notification 48 hours prior to the meeting will enable the Town to make
reasonable arrangements to ensure accessibility to this meeting.
AVAILABILITY OF INFORMATION
Copies of all agenda reports and supporting data are available for viewing and
inspection at Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
www.ci.tiburon.ca.us.
Upon request, the Town will provide written agenda materials in appropriate
alternative formats, or disability-related modification or accommodation, including
auxiliary aids or services, to enable individuals with disabilities to participate in
public meetings. Please send a written request, including your name, mailing
address, phone number and brief description of the requested materials and
preferred alternative format or auxiliary aid or service at least 5 days before the
meeting. Requests should be sent to the Office of the Town Clerk at the above
address.
PUBLIC HEARINGS
Public Hearings provide the general public and interested parties an opportunity to
provide testimony on these items. If you challenge any proposed action(s) in court,
you may be limited to raising only those issues you or someone else raised at the
Public Hearing(s) described later in this agenda, or in written correspondence
delivered to the Town Council at, or prior to, the Public Hearing(s).
TIMING OF ITEMS ON AGENDA
While the Town Council attempts to hear all items in order as stated on the agenda,
it reserves the right to take items out of order. No set times are assigned to items
appearing on the Town Council agenda.
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TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Frederic a ed the ular meeting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday June 17, 2009, i Town Council Chambers, 1505 Tiburon Boulevard, Tiburon,
California.
ROLL CALL
PRESENT: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Berger, Collins, Fredericks, Slavitz
Gram
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Assistant
Planner Phillips, Director of Public Works/Town
Engineer Nguyen, Chief of Police Cronin, Town
Clerk Crane Iacopi, Environmental Consultant Purl
Prior to the regular meeting, the Council met in closed session, beginning at 7:00 p.m., to discuss the
following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Section 54956.9(a))
Bonander v. Town of Tiburon
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Fredericks said that there was nothing to report.
ORAL COMMUNICATIONS
George Landau, representing Rotary International, invited everyone to the Classic Car Show on
Saturday. He also asked the Council to consider purchasing an electronic sign that could be used
for special events to note detours and parking.
Mayor Fredericks thanked Mr. Landau and suggested that he discuss his request with staff.
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 1
PRESENTATION
• Update by Marin Energy Authority
Mayor Fredericks noted that the presentation had been continued.
CONSENT CALENDAR
Town Council Minutes - Adopt minutes of June 3, 2009 meeting (Town Clerk Crane
Iacopi)
2. Commendation for 30 Years of Service - Approve resolution commending Heidi Bigall
for 30 Years of Service to the Town of Tiburon (Town Manager Curran)
3. Grand Jury Report on Homelessness - Approve Town response to Grand Jury Report on
Homelessness (Town Attorney Danforth)
4. Pine Terrace Pedestrian Path Improvement Project - Accept project as complete
(Director of Public Works/Town Engineer Nguyen)
5. Paradise Drive Slope Stabilization Project - Approve plans and specifications for project
to stabilize slope in the vicinity of 2000 Paradise Drive and authorize solicitation of bids
(Director of Public Works/Town Engineer Nguyen)
6. 2009 Municipal Election - Adopt resolutions related to November 3, 2009 Municipal
Election (Town Clerk Crane Iacopi)
a) Resolution Calling an Election in the Town of Tiburon on November 3, 2009 for
the Purpose of Electing Three Councilmembers;
b) Resolution Requesting Consolidation of Election Services with County of Marin;
c) Resolution establishing Candidate's Statement Fee
MOTION: To adopt Consent Calendar Item Nos. 1 through 6y as written.
Moved: Berger, seconded by Slavitz
Vote: AYES: Unanimous
ABSENT: Gram
ABSTAIN: Collins, item No. 1 (June 3, 2009 minutes)
PUBLIC HEARINGS
1. Paradise Drive Prezoning and General Plan Amendment Project - Consider approval
of the prezoning of approximately 85 assessor parcels totaling approximately 230 acres
of land located at the southeast end of the Tiburon Peninsula and amendments to the
Tiburon General Plan Land Use Map affecting 22 of those assessor parcels; Making error
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 2
corrections to the General Plan text and maps; Consider adoption of Mitigated Negative
Declaration and Mitigation Monitoring program for the project (Director of Community
Development Anderson)
Director Anderson said that in April 2008, the Town received applications from owners of
several properties scattered over the southeastern end of the Tiburon Peninsula for prezoning of
their properties. He noted that after a public hearing on May 28, 2008, the Planning Commission
voted to initiate the prezoning process and established an expanded boundary for the prezoning
study area that encompassed approximately 230 acres and 85 parcels.
On May 27, 2009, following the preparation of an environmental review document for the
project, Anderson said the Planning Commission held another public hearing and voted
unanimously to recommend approval of the prezoning and related general plan amendments to
the Town Council.
Anderson said the prezoning study area was a mixture of developed and undeveloped residential
lands, and also included tidal parcels and some government-owned parcels.
Director Anderson noted that municipalities could "prezone" at any time and that it was the
Town's practice to prezone developed parcels in ways that would avoid the unnecessary creation
of non-conforming uses and respect current County of Marin zoning to the extent possible.
Anderson said that the Town retained Impact Sciences, Inc. to prepare the initial study to assess
potential impacts of the project, and the extent to which those impacts were coved by the Tiburon
General Plan EIR which was certified in 2005. He said that the comment period ended on May
20. He said the Town received six letters prior to that date and four since the Planning
Commission hearing.
Anderson stated that staff had determined that the prezoning would be consistent with the
Tiburon General Plan, as amended, by the project.
The Director said there was no direct or immediate fiscal impact to the Town as a result of the
prezoning. He noted that the Town and the County continued to work toward creation of a joint
agreement for the maintenance of Paradise Drive, but that such an agreement was not assumed as
part of the prezoning analysis. He said the primary fiscal impact would be the maintenance of one
mile of Paradise Drive. Anderson suggested that the long-term maintenance of this portion of the
roadway could be offset by property taxes, impact fees and other sources of revenue, and he
stated that the maintenance cost would be well within the financial ability of the Town to assume.
Anderson recommended that the Council adopt the mitigated negative declaration and approve
the general plan amendments and prezoning.
Mayor Fredericks opened the public hearing.
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 3
Joanna Kemper, Tiburon resident representing the Last Chance Committee, said their group had
reviewed the environmental documents and found them to be in order. She thanked town staff for
its work on the project.
Russ Keil, Paradise Drive, shared his thoughts on annexation into the Town. He said his decision
was driven by two issues-police and planning. He described what having a personal relationship
with local police meant to him and how important it was to be part of the community in this way.
He said that County personnel were not as familiar with the area where he lived. He said this fact
and the proximity of being able to go to hearings and file applications in town, versus going to
San Rafael, were deciding factors for him.
Scott Hochstrasser, representing the Martha Company property owners, said that his clients
objected to being "swept into" the prezoning areas. He said they were joined by other property
owners, Bluff Pt., Richard Reed and Martha Reed, in this objection.
Hochstrasser said that the application process was initiated by nine property owners representing
45 acres, while his clients represented 130 acres in the prezoning area. He wondered how a
democratic process could continue if the area had been expanded 500% over the area included in
the initial applications. He asked the Council to reject the initial study and "flawed" CEQA
documents. He said the baseline studies were inaccurate and inconsistent with the General Plan.
Genny Chapman, describing herself as one of the nine property owners mentioned by Mr.
Hochstrasser, said she had always been a "wannabe" Town of Tiburon person. Ms. Chapman
detailed the long history of civic involvement by she and her late husband and urged the Council
to approve the prezoning so that she could have an opportunity to finally be "part of the Town."
Mayor Fredericks closed the public hearing.
Town staff asked for an opportunity to make further comment in response to issues raised in the
letters and hearings.
Director of Public Works/Town Engineer Nguyen stated for the record that he had reviewed the
cost estimates contained in the initial study for Paradise Drive maintenance and improvements
and said that the numbers were accurate and economically feasible for the Town, in his opinion.
Director Nguyen said that the Town currently maintained 32 miles of public streets and that the
addition of one more mile was insignificant. He said that the Town could maintain this portion of
Paradise Drive as well as it is maintained by the County, if not better.
Town Manager Curran noted the solid financial position of the Town, with $10 million in
unrestricted reserves. She said that while the decision to accept the prezoning was a policy
decision to be made by the Council, the Town had the funds necessary to back up the decision, in
addition to other fees and revenues that would be generated by any future development.
Mayor Fredericks asked whether any of the comments received during the comment period about
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 4
the Town's ability to maintain Paradise Drive were meant to describe the entire roadway, as
opposed to the one mile portion.
Director of Community Development Anderson said that he thought some of the comments were
based on a remark by Councilmember Gram in a 2002 Town Council meeting where he stated
that the Town would "go bankrupt" if it had to maintain the full stretch (all six miles) of Paradise
Drive. He said this concern did not apply to the prezoning project, which involved only one mile
of roadway.
Director Anderson also disagreed with the assertion made in a letter regarding the environmental
document being inadequate for use by LAFCO. He said that LAFCO staff had reviewed the
initial study and if they had concerns, they would have made them known. Anderson said that
LAFCO staff had indicated the opposite in a conversation with him.
Anderson said that the Town continuously coordinated with the County and with LAFCO and
that assertions to the contrary had no merit. He noted that the County did not comment on the
project referrals sent by the Town, but suggested that this could be due to the terms of the
stipulated judgment it had reached with the Martha Company.
Town Attorney Danforth said that she had reviewed correspondence received from the Martha
Company owners and said they were confused as to the action before the Council.. She said that
there was no specific project resulting from the prezoning, which required more of a program-
level review. She said that the Town was looking at the prezoning through the lens of its current
General Plan; the prezoning would carry forward the General Plan's applicable goals, policies
and programs, which the Town would implement in connection with specific development
projects.
Danforth also disagreed with the allegations of inconsistencies with the General Plan. She said
the Town Council was charged with, and was the best party to interpret, its own General Plan.
She noted that virtually every member of the Town Council had worked on the General Plan, and
that Councilmember Collins was a Planning Commissioner at the time of its adoption.
The Mayor asked whether the Council had any questions.
Councilmember Slavitz asked for comment from staff on the allegation that the EIR didn't follow
the proper baseline analysis.
Elizabeth Purl, Impact Sciences, Inc., primary preparers of the Initial Study, said that the Town
had completed its General Plan process fairly recently so that her job was to compare and review
the impacts of development with those analyzed in the General Plan EIR. She said that she made
the review "impact area by impact area" and found no significant difference and virtually no
difference with the General Plan EIR-evaluated impacts.
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 5
Vice Mayor Berger said that the project did not "down zone" any of the property owners and, in
fact, allowed perhaps one more unit than the original General Plan.
Director Anderson agreed and said that the Town took "great pains" to make sure that all of the
developed parcels were prezoned consistent with the County's zoning.
Councilmember Collins asked whether an EIR had ever been required for any other annexations
into the Town. Director Anderson said that he did not believe so, even for annexations as large as
the West Tiburon annexation, which involved hundreds of units and undeveloped property,
including Bel Aire Estates and the Highlands property. He added that other large
prezoning/annexations, such as Old Landing Road and Cypress Hollow, also did not require an
EIR.
Councilmember Slavitz said that while he appreciated the comments of Mr. Keil and Ms.
Chapman, he said that annexation was not under consideration tonight, but rather the
environmental review and the prezoning. He said that he found the Initial Study to be
consistent with the General Plan and that he was prepared to approve the documents.
Vice Mayor Berger concurred with the recommendation. He added that the public comments put
a very human face on the subject of annexation by citizens who had been a very important part of
the history of the Town.
Councilmember Collins said that in his analysis he looked at that fact that the land was
contiguous to the Town, near downtown, and that the police, planning and proximity noted by
Mr. Keil worked in favor of the prezoning. He said he had read the Initial Study and found that it
adequately supports the mitigated negative declaration and the amendments to the General Plan.
Mayor Fredericks said that she agreed with her fellow Council members and that she was relying
on the findings of consistency with the General Plan in voting to approve the recommended
actions.
MOTION: To adopt the resolution making CEQA findings for, the project.
Moved: Slavitz, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Gram
MOTION: To adopt the resolution adopting the Mitigated Negative Declaration, Mitigation
Monitoring Program, and related actions.
Moved: Collins, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Gram
MOTION: To adopt the resolution amending the General Plan.
Moved: Berger, seconded by Collins
Vote: AYES: / Unanimous
41
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 6
ABSENT: Gram
MOTION: To ready by title only and waive any further reading of the ordinance prezoning
unincorporated territory in the Tiburon Planning Area at the southeastern
end of the Tiburon peninsula, and pass first reading by roll call vote.
Moved: Berger, seconded by Slavitz
Vote: AYES: Berger, Collins, Fredericks, Slavitz
ABSENT: Gram
2. Municipal Budget - Consider adoption of resolutions pertaining to the FY 2009-10
Municipal Budget (Town Manager Curran & Director of Administrative Services Bigall)
a) Resolution Adopting a Municipal Budget Plan for the Town of Tiburon and the
Tiburon Redevelopment Agency for the Fiscal year ending June 30, 2010;
b) Resolution Establishing an Appropriation Limit for Fiscal Year 2009-10 pursuant
to Article XHI B. Of the Constitution of the State of California;
C) Resolution Repealing Resolution No. 32-2008 and Adopting an Amended
Management Recognition and Incentive Compensation Program;
d) Resolution Repealing Resolution No. 33-2008 and Adopting an Amended
Mid-Management Recognition and Incentive Compensation Program
Director Bigall gave the report, noting that there had been a $3,000 increase to the Parks
Department budget since the first hearing. This would result in a balanced budget with a surplus
of $15,880, according to Bigall.
Bigall said that there would be no increases to salaries or benefits for non-represented staff
members in budget for the upcoming fiscal year. She noted that in adopting its management and
mid-management compensation resolutions, the Town Council would be agreeing to create a
two-tier system for employees hired after July 1, 2009, who would no longer be eligible for
health benefits upon retirement.
Bigall said that while the Town was the fiduciary agent for six bond issues, it did not have any
indebtedness.
Director Bigall recommended that Council adopt the resolutions pertaining to adoption of the
fiscal year 2009-10 municipal budget.
Mayor Fredericks asked how the rumored State take-aways from the Highway & Users Tax would
affect the Town.
Director of Public Works/Town Engineer Nguyen said that the $200,000 received annually by the
Town from the gas tax would be offset by the completion of the failed streets program in the
coming fiscal year.
Mayor Fredericks asked how the highway taxes were allocated by the Town.
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 7
Town Manager Curran said that the revenue went into the Town's capital budget, and that although
the Town would be sorry to lose these funds, it was not part of the Town's operating budget.
Curran said that staff was well aware of actions being contemplated in Sacramento in order to
balance the State budget and that staff would recommend any necessary follow up actions to the
Council.
Mayor Fredericks opened the public hearing. There was no public comment.
Mayor Fredericks closed the public hearing.
Councilmember Collins said that he would like to add his voice to the commendation of Ms. Bigall
for her excellent work and for her 30 years of service to the Town of Tiburon.
The Council moved to adopt the following resolutions in one action:
MOTION: To adopt FY 2009-10 Municipal and Redevelopment Agency budget.
Moved: Slavitz, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Gram
MOTION: To adopt FY 2009-10 Municipal Budget.
Moved: Slavitz, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Gram
MOTION: To adopt FY 2009-10 Municipal Budget.
Moved: Slavitz, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Gram
MOTION: To adopt FY 2009-10 Municipal Budget.
Moved: Slavitz, seconded by Berger
Vote: AYES: Unanimous
ABSENT: Gram
3. Steps, Lanes & Paths (NTPP) and Safe Routes to School (Del Mar School) Projects -
Recommendation to approve plans, adopt Mitigated Negative Declaration, and
authorize solicitation for bids pending Caltrans' final approval (Director of Public
Works/Town Engineer Nguyen; Director of Community Development Anderson)
Assistant Planner Phillips gave a brief report describing the two projects, and said that the grant
funding received by the Town in the amount of $700,000 exceeded the cost of the projects,
estimated at $400,000. Director of Public Works/Town Engineer Nguyen added that the
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 8
additional funding would go toward environmental review and engineering costs, so the
difference was actually closer to $100,000.
Council asked whether more projects could be added or whether the funding would go back to
the Federal Government or the County of Marin.
Director Nguyen said that the project was already scoped so that additional projects could not be
added. He said that the Town would "front" the money and would be refunded based on amounts
billed.
Councilmember Berger asked whether any consideration could be given to the design elements of
the project, for instance, the pipe hand rail in the lanes and paths project. He said that something
with a little more "charm" might be more appropriate in this context.
Director Nguyen said that a change order might be written, with input form the Vice Mayor,
because bids had not been sought at this juncture.
Mayor Fredericks thanked the Town Engineer for addressing the issues of safety on Raccoon
Lane and Jefferson Drive (steps). Vice Mayor Berger agreed that these projects would surely
make a difference to the community.
Mayor Fredericks opened the public hearing.
Mr. Linn, Cayford Drive, thanked Mr. Phillips for being so communicative when he sought
information about the project. He said that he and his wife were in favor of the proposed project.
Mayor Fredericks closed the public hearing.
Council voted to adopt the following resolutions in one action:
MOTION: To adopt the resolution adopting the Mitigated Negative Declaration and Mitigation
Monitoring Program.
Moved: Berger, seconded by Slavitz
Vote: AYES: Unanimous
ABSENT: Gram 4
MOTION: To adopt the resolution approving the Safe Routes to School Project.
Moved: Berger, seconded by Slavitz
Vote: AYES: Unanimous
ABSENT: Gram
MOTION: To adopt the resolution approving the Non-Motorized Transportation Pilot Program
proj ect.
Moved: Berger, seconded by Slavitz
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 9
Vote: AYES : Unanimous
ABSENT: Gram
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
None.
WEEKLY DIGESTS
• Town Council Weekly Digest - June 5, 2009
• Town Council Weekly Digest - June 12, 2009
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor
Fredericks adjourned the meeting at 8:53 p.m.
ALICE FREDERICKS, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
DRAFT Town Council Minutes #09 -2009 June 17, 2009 Page 10
MARY K. MCEACHRON
PARTNER
DIRECT DIAL 415 925 8406
DIRECT FAX 415 995 3463
E-MAIL, mmceachron@hansonbridgett.com
Via Electronic Transmission
Original via U. S. Mail
Ann R. Danforth, Esq.
Tiburon Town Attorney
1505 Tiburon Blvd.
Tiburon, CA 94920
HansonBridgett
Jmre 23, 2008 LATE MAIL#
Re: Intent to Sue Town of Tiburon on Prezoning Project /
General Plan Amendment / Mitigated Negative Declaration -
Request for Reconsideration of Proposed Action
Dear Ms. Danforth:
We understand that the Town Council on June 17 approved the Paradise Drive General Plan
Amendment / Mitigated Negative Declaration and intends to have a second reading of the
Prezoning Ordinance at its next meeting.
As described in our prior letters, adoption of a Mitigated Negative Declaration violates the
California Environmental Quality Act, and the proposed prezoning is inconsistent with the
Town's General Plan. Please be aware that Martha Co. intends to bring suit on these and all
other applicable issues, and it will seek recovery of attorney fees pursuant to CEQA. We would
therefore respectfully request that the Council use the opportunity of a second reading on
prezoning to reconsider the wisdom of proceeding in the manner intended.
Sincerely,
/"~C7 /-n
Mary K. McEachron
cc: Scott Anderson, Director, CDD
John W. Reed, Esq.
Scott L. Hochstrasser
Hanson Bridgett LLP
Wood Island, 80 E. Sir Francis Drake Blvd., Suite 3E, Larkspur, CA 94939 hansonbridgett.com
To:
From
Mayor & Members of the Town Council_
Community Development Department
Town Council Meeting
July 1, 2009
Agenda Item: (fc,
Subject: Approve final adoption of Ordinance No. 516 N. S.: Second reading
and adoption of an ordinance prezoning unincorporated territory in
the Paradise Drive area of the Tiburon Planning Area at the
southeastern end of the Tiburon peninsula
Reviewed by:
BACKGROUND
The Town Council passed first reading of this ordinance following a public hearing on June 17,
2009, waiving any further readings. The item now comes to the Town Council for final approval
and adoption.
This is a consent calendar item. The Council's motion to adopt this item on the consent calendar
will constitute a motion to confirm the waiver of second reading from the previous meeting and
adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the
consent calendar will constitute the equivalent of a roll call vote and will be recorded within the
ordinance.
Should any Councilmember choose to vote differently on this item than other items (if any) on
the consent calendar, then the vote on this item should be taken separately from other items
appearing on the Consent Calendar such that individual votes may be properly recorded.
RECOMMENDATION
Staff recommends that the Town Council approve final adoption of Ordinance No. 516 N. S.
EXHIBITS
1. Second Reading Draft Ordinance No. 516 N. S.
Prepared by: Scott Anderson, Director of Community Development
0-
S.-Wdministrationl ToCouncillStaff Reports 12009Uuly I Draftslprezoningsecond reading report.doc
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
ORDINANCE NO. 516 N.S. (2"d READING DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
PREZONING UNINCORPORATED TERRITORY
IN THE PARADISE DRIVE AREA OF THE TIBURON PLANNING AREA
NEAR THE SOUTHEASTERN END OF THE TIBURON PENINSULA
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS.
A. On May 27, 2009, the Planning Commission adopted Resolution No. 2009-04
recommending to the Town Council prezoning of certain unincorporated
properties within the Tiburon Planning Area (File R 2008-01).
B. The Town Council held a duly noticed public hearing on June 17, 2009 at which it
heard and considered public testimony on the proposed prezoning.
C. The Town Council finds that all notices and procedures required by law attendant
to the adoption of this Ordinance have been followed.
D. The Town Council finds that the actions made by this Ordinance are necessary for
the protection of the public health, safety, and welfare.
E. The Town Council finds the actions made by this Ordinance to be consistent with
the Tiburon General Plan and other adopted ordinances and regulations of the
Town of Tiburon, and consistent with the objectives of the Zoning Ordinance.
F. The Town Council has, by separate Resolution, adopted a Mitigated Negative
Declaration and a Mitigation Monitoring Program for the project, and has made
findings pursuant to the California Environmental Quality Act (CEQA).
SECTION 2. PREZONING OF TERRITORY.
The Town Council does hereby prezone unincorporated territory as set forth in
Exhibit "A", attached hereto an incorporated herein; said prezoning shall apply to that
territory upon annexation to the Town of Tiburon.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this chapter is for any
reason held by a court of competent jurisdiction to be invalid, such decision shall not
affect the validity of the remaining portions of this chapter. The Town Council declares
that it would have passed this chapter and each section, subsection, sentence, clause and
phrase thereof, irrespebtive of the fact that any one or more section, sentences, clauses or
phrases be declared invalid.
Town of Tiburon Ordinance No. 516 N.S. Effective 713112009
EXHIBIT NO.
SECTION 4. EFFECTIVE DATE.
This Ordinance shall take effect and be in force thirty (30) days after the date of
passage, and before the expiration of fifteen (15) days after passage by the Town Council,
a copy of the ordinance shall be published with the names of the members voting for and
against it at least once in a newspaper of general circulation in the Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the
Town of Tiburon on June 17, 2009, and was adopted at a regular meeting of the Town
Council of the Town of Tiburon on July 1, 2009, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ALICE FREDERICKS, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: WdministrationITown CouncillStaff Reports12009Uuly I DraftslPrezoning Ordinance 2nd reading.doc
Town of Tiburon Ordinance No. 516 N.S. Effective 713112009 2
Table "A"
Prezoning of Unincorporated Parcels
Town of Tiburon
Parcel Number
Address
Prezoning
059-191-10
2393 Mar East St
R-2
059-191-11
2387 Mar East St
R-2
059-191-12
2381 Mar East St
R-2
059-191-14
2390 Paradise Dr
R-2
059-191-15
55 Linda Vista Av
R-2
059-195-19
2386 Mar East St
R-2
059-195-20
(none)
R-2
059-195-21
2392 Mar East St
R-2
059-195=22
2396 Mar East St
R-2
059-195-23
2398 Mar East St
R-2
059-201-17
2440 Spanish Trail Rd
R-1
059-.201-18
2450 Spanish Trail Ind
R-1
059-201-25
2371 Vista del Mar Ln
R-2
059-201-47
2389 Paradise Dr
R-2
059-201-54
2370 Vista del Mar Ln
R-2
059-201-55
2401 Paradise Dr
R-2
059-201-56
2395 Paradise Dr
R-2
059-201-59
2400 Vista del Mar Ln
R-2
059-201-60
2402 Vista del Mar Ln
R-2
059-201-61
2495 Paradise Dr
R-2
059-201-62
2380 Spanish Trail Rd
R-2
059-201-64
2441 Paradise Dr
R-2
059-201-65
2490 Spanish Trail Rd
R-1
059-201-79
2485 Paradise Dr
R-2
059-201-80
2420 Spanish Trail Rd
R-2, 8-1-
059-203-03
2480 Paradise Dr
R-2
059-203-04
2483 Mar East St
R-2
059-203-07
2475 Mar East St
R-2
:a:
Town of Tiburon Ordinance No. 516 N.S. Effective 713112009 3
Town of Tiburon
Parcel Number
Address
Prezoning
059-203-08
2461 Mar East St
R-2
059-203-11
2431 Mar East St
R-2
059-203-12
2401 Mar East St
R-2
059-203-18
2440 Paradise Dr
R-2
059-203-19
2450 Paradise Dr
R-2
059-203-21
2460 Paradise Dr
R-2
059-203-23
2430 Paradise Dr
R-2
059-203-24
2459 Mar East St
R-2
059-203-25
2457 Mar East St
R-2
059-203-26
2485 Mar East St
R-2
059-203-27
(none)
R-2
059-203-28
2400 Paradise Dr
R-2
059-204-01
2400 Mar East St
R-2
059-204-02
2420 Mar East St
R-2
059-204-10
2486 Mar East 5t
R-2
059-204-13
2472 Mar East St
R-2
059-204-15
(none)
P
059-204-16
2506 Mar East St
R-1
059-204-17
(none)
R-1
059-204-18
(none)
R-1
059-204-19
2500 Mar East St
R-1
059-204-20
2448 Maur East St
R-2
059-204-21
2442 Mar East St
R-2
059-204-22
2476 Mar East St
R-2
059-211-01
5 Mar Centro Dr
R-1
059-211-04
2530 Paradise Dr
R-1
059-211-10
(none)
R-1
059-211-11
2550 Paradise Dr
R-1
059-211-12
2517 Mar East St
R-1
059-211-13
2540 Paradise Dr
R-1
:a.
Town of Tiburon Ordinance No. 516 N.S. Effective 713112009 4
Town of Tiburon
Parcel Number
Address
Parezoning
059-212-01
2514 Mar East St
R-1
059-212-06
2550 Mar East St
R-1
059-212-07
2580 Mar East St
R-1
059-212-09
(none)
R-1
059-212-10
(none)
R-1
059-212-11
(none)
R-1
059-212-12
2530 Mar East St
R-1
059-213-02
(none)
R-1
059-213-03
(none)
R-1
059-213-04
(none)
R-1
059-221-03
(none)
Marine
059-221-04
(none)
Marine
059-221-05
(none)
Marine
059-231-02
(none)
RPD-0.3
059-231-03
(none)
Marine
059-231-06
2620 Paradise Dr
RPD-0.13
059-241-01
2900 Paradise Dr
RPD-0.5
059-241-02
2960 Paradise Dr
RO-1
059-241-03
2980 Paradise Dr
RO-1
059-241-06
(none)
RO-1
059-241-07
(none)
Marine
059-241-08
3030 Paradise Dr
RO-1
059-241-09
3000 Paradise Dr
RO-1
059-251-02
(none)
RPD-0.4
059-251-03 2641 Paradise Dr R-1
059-251-04 (none) Public
059-251-05 (none) RPD-0.4
**H for the Paradise Drive half of the lot and MH for the Spanish Trail Road half of the lot
S: Wministrationl Town CouncillStaff Reports12009Uune 17 DraftsiPrezoning Ordinance.doc
1
411
Town of Tiburon Ordinance No. 516 N.S. Effective 713112009 5
•
TOWN OF TIBURON
F '
1505 Tiburon Boulevard
~/P
Tiburon CA 94920
To: Mayor and Members of the Town Council
From: Office of the Town Manager
Town Council Meeting
July 1, 2009
Agenda Item:
Subject: Recommendation to Accept Heritage & Arts Annual Report
Reviewed By:
BACKGROUND
The Heritage & Arts Commission is submitting this report of Commission activities covering the
period of June 2007 through May of 2009. As many of their projects are behind-the-scenes by
nature, the Commission would like to bring them to light via the attached document.
RECOMMENDATION
Staff recommends that the Town Council:
Accept for the record the Heritage & Arts Commission Annual Report covering the period
of June 2007 through May 2009.
Exhibits:
Prepared By:
H&A Annual Report - June 2007 - May 2009
Joan Palmero, Staff Liaison, Heritage & Arts Commission
r
*1
TOWN OF TIBURON PAGE 1 OF 1
T I t U R O N
N! R I T A C i
A R T f
COMMISSION
Town of Tiburon Heritage & Arts Commission
www.tiburonheritageandarts.org
To: Tiburon Mayor and Town Council
From: Heritage & Arts Commission Chair
Subject: Annual Report
Date: June 1, 2009
HERITAGE AND ARTS COMMISSION ANNUAL REPORT
JUNE 2007-MAY 2009
Background:
Town of Tiburon Commissions is to give a report to the Town Council annually. In
accordance, the Heritage and Arts Commission respectfully submits the following report.
(The H&A Commission failed to make a report last year, so this report encompasses two
year's activities.)
Mission Statement
The mission of the Commission is to preserve and advance the Town's unique historical
and cultural character and to advance the arts in the community.
Ongoing Achievements:
Art Exhibits: The Commission sponsors six two-month long art exhibits each year in
the Town Hall with a public reception in the Community Room upstairs. The
Commission also sponsors six two-month long art exhibits in'the down-stair lobby and
council chambers. /I
Featured Artists - Community Room:
2007 Marin County Watercolor Society
Landmarks Society - Maps, Photos, Drawings & Paintings
Shirley Hodges - Oils
2008 Ginny Doyle - Acrylics
Ric White - Photography
Ellen Demel Deck - Watercolor
Ric Miller - Photography
Mary Musalo - Watercolor
Barry Toranto I Photography
.,4
2009 Marin County Society of Watercolorist
Hilda Kidder - Portraits/Landscapes
Lobby & Council Chambers Venues:
2007 Camp Create-Young People exhibit
Steve Harshbarger-Photography
Jett Walker - Paintings & Prints
2008 Lorin Schneider - World Travel Photography
Suzanne Riley - Printmaking
Alison Masari - Multi-Media
Landmarks Society - Historical Pieces
Fran Hall & Alexis Berger - Oils and Jewelry
Unique Artist Exhibit - Featuring: Etemad, Bradley, Kasanin, Walker
2009 Kirsten Hagen - Acrylics
Karen Carlson - Watercolors
The Annual Heritage Preservation Award:
This award was created to recognize excellence in safeguarding yesterday's treasures for
our residents of the Tiburon Peninsula. A public reception was held for the honoree
followed by a presentation of the award before the Town Council.
2008 - Chris Morrison for his many contributions to Tiburon. For over 40 years of
collecting and sharing local history through the collection of artifacts, legends and stories
from the Tiburon Peninsula.
2009 - Hillary Don, M.D. for his active leadership in open space conservation and for
historic preservation through his books and publications on Tiburon Peninsula history.
Artist Laureate:
The position of Artist Laureate was created in 2001 and this honorary title was bestowed
to Professor James Liu at that time. His untimely passing irk 2003 left the position vacant.
Finding a replacement required the H&A Commission to create a selection process that
would be fair, and would be the basis for the selection of an Artist Laureate in the future.
After researching other Artist Laureate programs around the country and receiving
helpful input from the Town Manager, a selection process was approved.
The new Artist Laureate recruitment selection committee was formed in May 2008
comprised of two H&A Commissioners, a representative from the Marin Arts council and
Tiburon Mayor Jeff Slavitz. The committee interviewed five finalist from a total of
thirteen applications. Their selection was approved and presented to the Town Council.
On August 20, 2008, the Town Council voted unanimously to appoint Ms. Mary Musalo
to the position of Tibifon Artist Laureate. The official resolution was read by Mayor
Slavitz. H&A Chair Bremer read the mythology background of a Laurel Wreath that was
presented to Mary Musalo, our second Artist Laureate. A reception for this honor was
held in September. She will serve a term of four years. Her eagerness to fulfill her
mission is already apparent - conducting art classes, serving as a judge for a recent art
competition, and welcoming artists who display in Town Hall.
Our Commission gave the four remaining artist a special recognition reception and a
chance to each display five of their art works at the Unique Artist Exhibit in the Lobby
and Council Chambers in November, 2008.
Public Events & Proiects:
Romberg Center Preservation
A donation was given to the Center in support of their programs.
Tiburon International Film Festival -2008 -2009
The commissioners made their 2nd and 3rd annual donation of funds to support this
popular event.
Tiburon Art Festival - 2008
Five Commissioners made a commitment to this event to assist and support the artists.
Landmarks Society
The commission has given their continued financial support to the Landmarks Society's
historical events in the community, and co-producing the Concerts at Old St. Hilary's.
Historic Buildings in Tiburon
An ongoing special committee was created to update the inventory of Historic Buildings
in Tiburon. Two Commissioners are working with Chris Morrison and the Landmarks
Society.
Labor Day Parade in Tiburon
In support of the Town, the Commission made a donation to support this event.
Salmon Release Event
The Commission was pleased to sponsor the cost for the 2009 printing of posters and one
highway banner to support the Tiburon Salmon Institute.
Commemorative Book, Mayors' Book, H&A Commission Book
The Commission is on a continuous mission to maintain these books that are located in
the Town Hall Lobby for public viewing. We especially want to thank Town Clerk Joan
Palmero for maintaining and keeping the H&A scrap book current. As a part of this
mission, H&A had a new shelf made for the trestle table where the books are stored,
which enables visitors to view them more easily.
Fundraising:
The Commission receives a 25% of the sales from the Art exhibits. The funds enable the
Commission to sponsor it's annual event, the Heritage Preservation Award, and work
with the Town Manager to enhance the Town Hall. Recent projects, including the shelf
to the lobby trestle table, was repainting the back wall in the Council Chambers and stair-
landing wall which were well worn from many art exhibits..
Support to the Town Council:
-The Commission supported and approved the changes for 13B concerning historic
landmarks;
-Trestle Glen Railroad Berm - recommendation sent to the Council for further study;
-Demolition of Harbor Lights Building- reviewed the EIR and requested that a historical
requested plaque be located on the new building and that local historian Chris Morrison
be present during demolition to record and preserve historic information found on the
site;
- Calf Barn in the Corp Yard - recommendation that the historic redwood be incorporated
into another structure that has historic significance.
-The Commission assisted in the "thank you" reception for the Town's Fireman after the
Angel Island fire.
In Conclusion:
The Heritage and Arts Commission continues to fulfill it's mission by showcasing the
work of local artists, working with community groups to promote an awareness of local
heritage, and to recognize citizens and groups for their commitment to preserving the
Town's history.
On the behalf of Commissioners:
David Gotz, Patricia Navone, Liz Schmidt, Marlene Rice, Ida. Mae Berg, and Anne Thull.
I respectfully submit is annual report,
e Bide er Heritage and Arts Chairman
ggy d",
To:
From:
Mayor and Members of the Town Council
Administrative Services Department
Subject: Investment Summary - May 2009
Reviewed By:
BACKGROUND
Town Council Meeting
July 1, 2009
Agenda Item: CC-
Pursuant to Government Code Section 53601, staff is required to provide the Town Council with
a report regarding the Town's investment activities for the period ended May 30, 2009.
ANALYSIS
Agency Investment Amount Interest Rate Maturity
Town of Tiburon
Local Agency
$1695729669.29
1.530%
Liquid
Investment
Fund (LAIF)
CDARS (Bank
$ 2,5059517.48
0.60%
June 11, 2009
of Marin)
CDARS (Bank
$ 2,004,791.53
0.60%
June 18, 2009
of Marin)
Money Market
$ 2509000.00
1.20%
Liquid
Bank of Marin
Total
$21,332,978.30
Redevelopment Agency
Local Agency
$9829343.73
1.530%
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.
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
41-
RECOMMENDATION
Staff recommends that the Town Council:
Move to accept the May 2009 investment summary
Exhibits: None
Prepared By: Heidi Bigall, Director of Administrative Services