HomeMy WebLinkAboutTC Digest 2009-07-10Pe i
TOWN COUNCIL WEEKLY DIGEST
Week of July 6 -10, 2009
Tiburon
1. Memo - Town Clerk - Town Council Election - Important Dates
2. Emails - Danforth/Zippin - Complaints - View, Storm Drain
3. Monthly Report - Office of Design Review - June 2009
4. Yearly Recap - Design Review Submittals - 2009
Aizendas & Minutes
5. Minutes - Design Review Board - June 18, 2009
6. Minutes - Planning Commission - June 24, 2009
7. Action Minutes - Design Review Board - July 2, 2009
8. Action Minutes - Planning Commission - July 8, 2009
9. Agenda - Design Review Board - July 16, 1009
Regional
a) Free Subscription Offer - Sierra Club Yodeler
b) Letter - Cal. Citizens Against Lawsuit Abuse - Rebuild Economy Through
Reform of Lawsuit Process
c) Western City - July 2009
Agendas & Minutes
d) Agenda/Minutes - ABAG Executive Board - July 16, 2009
* Council Only
TOWN OF TIBURON
105 Tiburon Boulevard
Tiburon, CA 94920
DIGEST 1 '
MEMOIZANDUM
Date: July 9, 2009
To: Town Manager Curran
From: Town Clerk Crane Iacopi
Subject: TOWN COUNCIL ELECTION - IMPORTANT DATES
Here is a list of important dates pertaining to the upcoming election for Town Council on
November 3, 2009:
• Monday, July 13 - first day to declare candidacy for office
• Monday, July 13 through Friday, August 7 - Nomination period
• Friday, August 7 - Last day (for incumbents) to file nomination papers - if any
one of the incumbents does not file, the filing period is extended for five days for
non-incumbents only
• Wednesday, August 12 - Last day to file (extended filing period)
At that time, if there are still only three candidates for the three vacant seats, the Town
Clerk will publish a "Notice that there are not more Candidates than offices to be elected,"
according to Section 10229 of the California Elections Code. Five days after publication of this
notice, the Council may undertake the following actions:
1. Appoint to the office the persons who have been nominated;
2. Appoint to the office any eligible elector if no one has been nominated;
3. Hold the election if either no one or only one person has been nominated.
The Council has until August 20, 2009 to undertake any of these actions by resolution. If
no action is taken by August 20, the election will take place.
Please let me know if you have any questions concerning the above dates.
Re: 42-year water view in Tiburon -:50-year failed storm drain pipe..
Page 1 of 4
;?Ie
Joan Palmero
From: Ann Danforth
Sent: Wednesday, July 08, 2009 2:21 PM
To: 'Calvin Zippin'
Subject: RE: 42-year water view in Tiburon -:50-year failed storm drain pipe..
Dear Mrs. Zippin:
I have done my best in prior correspondence to explain the Town's position in all of this. Beyond
referring to that correspondence, all I can do is ask you to re-read the superior court decision rejecting
your suit against the Town, attached.
I am sorry that you find all of this so difficult to understand, I truly am. But at this point, I am forced to
conclude that you will never accept any dialogue that does not agree with your pre-conceived
conclusions.
Yours truly,
Ann R. Danforth
Town Attorney, Town of Tiburon
adanforth(a)ci.tiburon.ca.us
Office: 415-435-7370
From: Calvin Zippin [mailto:calvinzippin@comast.net]
Sent: Sunday, July 05, 2009 5:01 PM
To: Ann Danforth; Dean Bloomquist; Farhad Mansourian; Charles McGlashan; Nicholas Nguyen; Scott Anderson
Cc: Scott Phillips; Peggy Curran; Ted Bartlett; Dan Watrous
Subject: Re: 42-year water view in Tiburon -:50-year failed storm drain pipe..
Ms. Danforth,
You are now aware that the Court did not rule in 2001 and the Town never contributerd any
moneys for anything to the Zippins, and your presumption that any work has ever been done by
anyone on that rusted pipe is simply not true. Neither is it nor the View Corridor that crosses it a
Private Matter. The facts are that someone misinformed you that Hacienda Terrace
Subdivision Unit One was not a subdivision. Mr. Schwartz misinformed you that the pipe was
not laid in 1949. Documents provided by Dean Bloomquist (referenced below,) confirmed it
was finaled by the Road Commissioner Mr. Clow to the County Planning Department, who then
recorded it Page 80 of Map Book 6 Marin County Records.
I apologize to Town Planner Scot Anderson whom I thought sent the pertinent tentative map of
the subdivision. I found the following in my notes to our attorney on the subject which confirms
that Dean Bloomquist provided those documents.: "..........after phone call from Tania for info on this
subject to send at the request of Attorney Guerra 3-15-2002:
7/9/2009
Re: 42-year water view in Tiburon -:50-year failed storm drain pipe.. Page 2 of 4
..............It was hoped this matter would be resolved in conjunction with the construction of the new storm drain
in the 10' drainage easement. However, since it appears the property is sold before the planning for the storm
drain is completed, we thought the new owners should be apprised of this potential disruption.
On the same subject, before any of the three altered landscape or view plans described above which are
already recorded in the court records as true, are recorded in this final Memorandum of Agreement without
objection, we have consulted with the Surveyor Doyle and can prove the plans falsely depict the existing fence
and property line, do not show existing fence that was removed from adjacent properties without permission,
altered the existing drainage & topography, and fails to clearly delineate between the minimal Weiss planted
slope and the adjacent County property and private reserved lot triangle outside of the Subdivision which he
has graded and leveled to falsely appear as a large extension of his landscape and view corridor. We believe
this would prove illegal according to the California Codes 6200-6203 quoted below, and must be corrected
before we can agree to recordation of the final Memorandum of Agreement
5. WEISS agrees to replace, and represents that it has replaced, the tree that was removed hiding the
telephone pole at the suthwest corner at Warren Court by placing a new tree on its property at its expense.
WEISS will assume any risk that the replacement tree may have to be removed in the future in order to do any
drainage improvements in the ten foot public utility and drainage easement arising from ZIPPINS' claim against
Town of Tiburon."
In addition to the above, I will send separately 5 pages on the subject of Geotechnical review and drainage,
submitted to the Building Director Dean Bloomquist by the Weiss Co., to fulfill requirements of his original
building permit application prior to Design Review Board Approval. They suggest Weiss had specific
knowledge of, and included design plans for, replacement or improvement of the failed CMP within the shared
10' drainage easement.
Note also the geotechnical survey was required by the Town Engineer (L L. Schwartz), sent to IL Schwartz
Assoc.(IL Schwartz) by the Weiss Co., received by the Town Engineer's Office, I.L. Schwartz Town Engineer
8 days later, and sent to the Building Department Official, Dean Bloomquist by Town Engineer I.L. Schwartz by
John Hugunin (after consult with Settgast, soils engineer re above ground splash blocks and on-site dispersion
flumes.)
Regards,
Pat "
None of the four lots at this end of the Hacienda Terrace Subdivision, 4, 5, 6, 8 through whose
properties the 10 foot DE & PUE run carrying the 1949 CMP have ever been connected to that
pipe, nor put any water into it. It's sole source is drain off from the top of Hacienda Drive,
Tanfield Court, and all properties downhill from there to the south edge of the Hacienda
subdivision.
When Hal Weiss purchased the lot at #5 he had access to a hydrology report obtained by Mr.
Menyharth for his plans to remodel, as well as a full geology and hydrology report from the firm
of Irving Schwartz in San Rafael which confirmed the existence of the CMP and the fact that no
water from #5 entered that pipe and that there was at that time about 13 feet of fill above the
CMP. The existing sewer pipe and gas and water lines were within the 5' DE & PUE and his
sewer crossed over the 10' DE into and through lots 4 and 5 at that general area atop the cliff -
15 to 20 feet above the CMP which daylights at the bottom of the cliff in the DE. Hal Weiss
confirmed the fact that no water from #5 entered the public storm drain system in the DE PUE
on his property when asked in the first Design Review of his construction plans.
7/9/2009
Re: 42-year water view in Tiburon -:50-year failed storm drain pipe.. Page 3 of 4
C v Z G d~
I K&r lby SB rtifg meet. -*4M 8tte_che0- T e at n41-m r Tap a.°' 'Eaoiania Tar rac a ;L In
frcuaty,, lerl i ta: m a. :Yew a-Q Rroved V,{ ew :Car? nL Dounty Flarni.n , Camrd seIam as
t l)it Oth day of April. 1.949, $ ab j a at to the .f 011 r►g a end-I t ax*,j
I. T'Wt the entrances to the a ~ d_ s i e -.rpm tbo Coves Fm a be dayli= tea.
to neat the a^arava of the Planning ~ar~ eai~~ andar , e =Ian,m=g
d omis s l~G-A Ste~r'f.
Z, That a -M iMVsea arc sad 9Ih!jeaI*4$ hetW*031 lcte of too S, z 'S Q;3
azO +re etl eti_g 26ght7 ivµd be deiicz&tsd eK the
3. That 't he ave" m*rkcd :NX r afire.n Mi a m L%sv be dud cant ad rQ r that u Be
-tyk a sae=r aimfiar to t %c *dedicatic arJped qa: for 3trwiAmrry ]b ror
ftbdi,e sion Twv.
4, AU TOtA improwments Lmd draiaaea Xwa-7:i.6-_vaa r.111jpat to t1L* apprcmml
of thQ tiaII!LJZOS$ weaimi.e aiaT►ar.
5o, A J.1 pravIclenc for firs prateat' on aabdes; to the axnwa-X0 ~If the
OaL=ty Fire Ooryertca+Y.
6. Bat" tor db m&$-fiia PW-1 ba av lUd a lra ,m-o-ecti an be si%b jevt tc t:3Q
a1 re vai Mr "nariq ~r ~1~_,~al' rrat4r District a*_-L +;onaty Fire
WwoartL-9 fit raayeativ-aIy.
7. TI-Le Tatham of sewa;c* d? sposal. be subjacy to hA atzrovAa trt the -Ir in
co=iL r Hash's. Ilaperimmnt.
dt The o.,T ztivae of sseeptence stat?eu abov-a ,mm-c JFJ o,em liftL :k.'_th P,-I=
to the r aacr dat!as o F inA1 -,'M, a:ILi .RH n_ l:n9 eo ti: xa to
the n ugTo pas a .-yR wt3 shall b u -ade a part t%L~Gr ea- . Dbtai - Z~F. ..1w
avr--9zBis of the ed itiar8~ plarm byr th.#
sb*Te m `All of the r ~ervq r.~ oil :t .v a oaf the su ed iv-i iO a-&- he shall
Parn e^ written a rata m o;$ t'rcen eaa::.of Vae p-er*(!:- or a.;-nnc3dis
L4t nrisad to ax2ah *pEveTal to the Plazi4~s: Cc-;=zi_vb w:th tho
FinLl a for &eo c3n_ rxi t e reQOri t' n?►,
Thin =:'im was Rive a'°pr*vo& with tide f41:,7.-.-rg raQa~nr±a;u?atl,~+~ by Z x r-I& :ling
Garmlagiova.
T et t1i9re 36 wc_~a ~~'3cted tpar (4) : uet a Ldewsls ❑r at least: bm
side u' the ataaAte aLe Wivrm or sal? .subd+-v~a;om -na.-o.
T 1tS "DLO '1 G! XkUy
dtt
Sincerely,
Patricia Zippin
From: "Ann Danforth" <ADanforthnci.tiburon.ca.us>
Date: Tue. 12 May 2009 10:19:53 -0700
To: "Calvin & Patricia Zippin" <calvinzippin@comcast.net>, "Dan Watrous" <dwatrousnci.tiburon.ca.us>, "Dean
Bloomquist" <Dbloomquist(a-,)ci.tiburon.ca.us>, "Farhad Mansourian" <DPW_Webmasternco.marin.ca.us>. "Charles
7/9/2009
Re: 42-year water view in Tiburon -:50-year failed storm drain pipe.. Page 4 of 4
McGlashan" <emcglashan@co.marin.ca.us>, "Nicholas Nguyen" <nnguyengci.tiburon.ca.us>
Cc: "Scott Phillips" <sphillipsgci.tiburon.ca.us>, "Peggy Curran" <pcurrangci.tiburon.ca.us>, "Scott Anderson"
<sandersongci.tibaron.ca.us>, "Ted Bartlett" <ted@bartlettre.com>, "Scott Phillips" <sphillipsgi.tiburon.ca.us>
Subject: RE: 42-year water view in Tiburon -:50-year failed storm drain pipe..
Dear Mrs. Zippin:
I have reviewed the letter and other materials that you transmitted by email.
These materials shed little or no light on what you are asking from the Town.
As you know, the Marin Superior Court ruled against your 2001 lawsuit against
the Town, finding that the Town is not responsible for maintaining the corrugated
metal pipe on your property.
You chose not to appeal that decision in exchange for a contribution from the
Town towards the cost of replacement the pipe (which work you have presumably
completed).
Accordingly, from the Town's perspective, the pipe issue is settled.
Moreover, you are also aware that the Town does not regulate the subject
planning on 5 Warren Court, per emails from the Community Development
Department. In short, the Town has no appropriate role in the referenced disputes
with your neighbors.
We hope that you will be able to come to some mutually satisfactory resolution to
these private concerns.
Yours truly,
Ann R. Danforth
Town Attorney, Town of Tiburon
adanforthgci.tiburon.ca.us
Office: 415-435-7370
7/9/2009
3-
TOWN OF TIBURON DIGEST
OFFICE OF DESIGN REVIEW
MONTHLY REPORT
JUNE 2009
DESIGN REVIEW BOARD APPLICATIONS: NUMBER SUBMITTED
2008
►
NEW SINGLE FAMILY RESIDENCES
0
0
►
MAJOR ADDITIONS/ALTERATIONS
0
0
►
MINOR ADDITIONS/ALTERATIONS
0
1
►
(not eligible for Staff Review)
►
SIGN PERMITS
3
0
►
TREE PERMITS
3
5
►
VARIANCE REQUESTS
0
1
►
FAR EXCEPTIONS REQUESTS
0
0
►
EXTENSION OF TIME
0
0
STAFF REVIEW APPLICATIONS:
Review of minor exterior alterations and additions of less than 500
square feet. 14 18
APPEALS OF DESIGN REVIEW BOARD DECISIONS TO TOWN COUNCIL
0 0
REPORT PREPARED BY: Connie Cashman, Planning Secretary
DATE OF REPORT: July 7, 2009
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S •
MINUTES #10
TIBURON DESIGN REVIEW BOARD
MEETING OF JUNE 189 2009
The meeting was opened at 7:00 p.m. by Chair Doyle.
A. ROLL CALL
Present: Chair Doyle, Vice-Chair Chong, Kricensky, Tollini and Wilson
Absent: None
O/0
4~r
Ex-Officio: Planning Manager Watrous, Assistant Planner Phillips, and Minutes Clerk
Levison
B. PUBLIC COMMENTS - None
C. STAFF BRIEFING
Planning Manager Watrous stated that the hearing for 526 Comstock Drive has been continued to
July 2, 2009. He noted that the Board's ruling on the application for 604 Ridge Road was
appealed to the Town Council. The hearing is scheduled for July 15th and the Board will be
asked to appoint a representative at its July 3rd meeting.
D. CONSENT CALENDAR
1. 1535 TIBURON BOULEVARD MET. LIFE INSURANCE, SIGNS
The applicant is requesting the approval of seven signs for the purpose of advertising a business
located at 1535 Tiburon Boulevard. The proposed signage would replace the existing
Washington Mutual signs as well as add two additional wall mounted signs. Three existing
directional signs would be eliminated in the process. The wall signs would be comprised of
acrylic and metal with vinyl film lettering spelling "CHASE". The color of the signs would be
white letters on a light gray background with blue accents. The building has 101 feet of frontage
on Tiburon Boulevard and 101 feet of frontage on the adjacent parking lot, therefore 50.5 square
feet of sign area is allowed for this business. The total area of the proposed seven signs is 66.5
square feet in size, which exceeds the requirement for sign area. A major exception is requested
for the additional sign area.
Alan Ford, Chase Bank, clarified information contained in the staff report that was based on his
misunderstanding of certain parts of the ordinance. Mr. Ford said that the wall signs would be
individual flat letters placed on the existing blue Chase logo. He explained that the 3 proposed
wall signs cover 7.1 square feet each for a total of 21.9 square feet. The amended total sign
coverage would equal 46.2 square feet which would be within the 50.5 square feet allowed by
the ordinance, and therefore requires no exception. He said that 7 signs are requested because
the existing signs need to be replaced and the applicant believed 2 other building elevations
TIBURON D.R.B MINUTES #9
6/18/09
would benefit from signage and that additional signs were necessary facing the two public
parking lots and rear lot of the building..
There was no public comment.
Boardmember Kricensky noted that the description of sign EO1 says, "Relocate closer to street
where possible."' Mr. Ford explained that the sign is partially obscured by a shrub on the side.
The shrub is not easily trimmed back; they do not wish to remove it and would like to move the
sign roughly 1 foot closer to the street, if possible.
Mr. Watrous confirmed the language of the new sign code and that the amended measurements
for the signs are as follows: E01 - 13.7 square feet; and E02, AN06, and AN07 - 7.1 square feet
each.
Boardmember Wilson asked how the frontages for the bank were determined. Planning Manager
Watrous said that the space in between Town Hall and the bank is a publicly available parking
lot and counts as the other frontage besides Tiburon Boulevard.
Boardmember Wilson confirmed that if someone built a structure on that lot, the Town would
have to grant them signage there, as well. Mr. Watrous clarified that in that instance, Chase's
signage total would become non-conforming, but given the long-term history of that parking lot
and the existing leases, it is rather unlikely that would happen.
Chair Doyle questioned the amount of amended coverage. Mr. Watrous said that the correct
total was 46.2 square feet and 50.5 square feet is allowed for this lot.
Boardmember Kricensky questioned and confirmed that the existing monument sign is
illuminated externally with direct lighting from ground level. Mr. Ford added that they plan to
use the same lights, although perhaps moved slightly.
Boardmember Wilson questioned whether or not the Board has the ability to request signage not
be illuminated outside of the bank's scheduled operating hours. Mr. Watrous said this can be
difficult to enforce but previous requests have been satisfied by regulating the lights with a timer,
which can be added as a condition of approval.
Boardmember Wilson suggested it be appropriate to eliminate that source altogether and
questioned whether other downtown businesses are illuminated at night when not open. Mr.
Watrous cited Bank of America and the Lodge of Tiburon as possible examples, and Mr. Ford
said he would be happy to work with the Town on incorporating timers.
Boardmember Wilson said that he is hard-pressed to grant the request, adding that 7 signs
seemed excessive and far beyond what is common elsewhere in Tiburon. He said that other
banks in Town have fewer signs, and he felt that granting this request would give Chase an
unfair advantage. He questioned the efficacy of sign AN07, noting that the area to the side of the
building is densely vegetated with trees that may obscure the sign to the point of being useless.
He said that illumination is not needed when the bank is closed, but he was inclined to approve
TIBURON D.R.B MINUTES #9
6/18/09
the monument sign (E01), the front building sign (E02), and whatever directional signs are
required.
Vice-Chair Chong said the building would be a bit over signed and he concurred with staff's
recommendation to decrease the size of the monument sign and eliminate one wall-mounted
sign. He said that the monument sign out front meant that the other side signs were not necessary
to guide someone to the bank's door.
Boardmember Kricensky said that this is a fairly large stand-alone building and that the
regulatory signs are all modest and necessary. He thought that sign AN06 was redundant to the
monument sign for anyone traveling south down Tiburon Boulevard. He said that eliminating
that one sign would be enough for him to support the application.
Boardmember Tollini concurred with Boardmember Kricensky on the need for the directional
and informational signage. He said he would like to see the total number of signs reduced by
one, eliminating whichever side sign is the most redundant.
Chair Doyle said that the signs to the rear of the building present no problem for him but that
AN06 seems like a massive billboard he would like to see it eliminated. He also agreed with
Boardmember Wilson that AN07 on the other side of the building is proposed in an area dense
with trees that may obscure the sign.
ACTION: It was M/S (Kricensky/Chong) that the request for 1535 Tiburon Boulevard is exempt
from the California Environmental Quality Act, and approved the project subject to the attached
conditions of approval and the elimination of sign AN06. Vote: 3-2 (Doyle and Wilson opposed).
E. OLD BUSINESS BEFORE THE BOARD
2. 526 COMSTOCK DRIVE SINGH, NEW DWELLING/VARIANCES -
CONTINUED TO 7/2/09
F. NEW BUSINESS BEFORE THE BOARD
3. 13 MARAVISTA COURT RANKIN, GARAGE/VARIANCE
13 MARAVISTA COURT
LOT SIZE
FLOOR AREA
LOT COVERAGE
BUILDING HEIGHT
SIDE YARDS
FRONT YARD
REAR YARD
VARIANCES/EXCEPTION
BILL AND SALLY RANKIN
EXISTING
PROPOSED
REQUIRED
8,097 S.F.
NA
NA
25235
21,235
2,810 MAX
20.2%
21.0%
30.0% MAX
23'
23'
30' MAX
15'& 15'
15'& 14'
8'
15'
12'
15'
45'
45'
25'
REDUCED FRONT YARD SETBACK
TIBURON D.R.B MINUTES #9
6/18/09
3
The applicant is requesting Design Review approval for conversion of an existing attached
carport into an expanded garage at an existing single-family home located at 13 Maravista Court.
The new garage would be faced with board and batten siding matching the existing siding on the
home. Windows would be added to the new garage door. The existing exterior lights would be
relocated to the side of the garage doors. The proposed garage would extend to within 12 feet of
the front yard property line, in lieu of the 15-foot front yard setback required in the R-1 zone.
Therefore, a variance is requested for a reduced front yard setback.
Hank Bruce, Architect, said the staff report was very clear and he offered to answer any
questions.
There was no public comment on the item.
Vice-Chair Chong said he visited the site, found the addition to very reasonable, and agree with
the staff report and findings.
Boardmember Wilson said he visited the site as well and concurred with Vice-Chair Chong.
Boardmember Tollini said he also visited the site. He noted that the proposed addition does not
allow enough depth to park a second car in front of the garage, but said that a bulge in the cul-de-
sac could accommodate that.
Boardmember Kricensky felt the project would be a significant improvement for the house. He
asked about the cricket over the entryway that was shown on the roof plan but not the elevation
drawings. Mr. Bruce said that the entire roof slopes and the cricket are to divert water.
Boardmember Kricensky said his only concern was the lack of two off-street spaces but staff has
indicated that the current parking situation is nonconforming.
Chair Doyle agreed with staff's recommendation.
ACTION: It was M/S (Chong/Wilson) that the request for 13 Maravista Court is exempt from
the California Environmental Quality Act, and approved the project subject to the attached
conditions of approval. Vote: 5-0.
TIBURON D.R.B MINUTES #9
6/18/09
4. 22 MERCURY AVENUE DIBBLE, NEW DWELLING
22 MERCURY AVENUE
JENNIFER AND SAM DIBBLE
EXISTING
PROPOSED
REQUIRED
LOT SIZE
79884 S.F.
NA
NA
FLOOR AREA
11650
2,777-
29788 MAX
LOT COVERAGE
27.4%
26.9%
30.0% MAX
BUILDING HEIGHT
14!3"
=5"
3 0' MAX
SIDE YARDS
8'5" & 5'3"
12'7" & 8' 1"
8'
FRONT YARD
22'
15'
15'
REAR YARD
34'
40'
25'
VARIANCES/EXCEPTION
NONE
The applicant is requesting Design Review approval for the construction of a new, two-story
single-family dwelling on property located at 22 Mercury Avenue. The subject property is
currently developed with a one-story residence that would be demolished as part of this project.
The floor area of the proposed house would be 2,777 square feet, which is 11 square feet less
than the maximum floor area permitted for a lot of this size. The proposed house would cover
2,118 square feet (26.9%) of the site, which is less than the 30.0% maximum lot coverage
permitted in the R-1 zone. The plans submitted with the subject application are identical to those
reviewed by the Design Review Board at the December 18, 2008 meeting. No changes have been
made to the project design in response to the direction given by the Board at that meeting. The
applicants have submitted additional written materials attempting to justify the previously
reviewed design of the house
Sam Dibble, owner, reviewed the project's history and objectives and reported on the
modifications had made over time to ensure the privacy and views of the surrounding neighbors.
He stressed that he and his wife have worked very hard to increase setbacks wherever possible as
well as make other specific changes requested by their neighbors and the Board. He said the
ceiling height has been significantly lowered since the original plans were submitted, decreasing
the home's overall height to 21 feet, which is similar to a single-story home.
Mr. Dibble acknowledged the Board's request that they consider alternatives to a two-story
design. He said that the conceptual one-story house design that they prepared would have a 45%
lot coverage, require setback variances on all sides, eliminate a large portion of the home's
outdoor space, and create a home that they would not want to build and could not live with. Mr.
Dibble believed the house as proposed would fit in with the Belveron East neighborhood even
though it is two stories. He said that the decreased footprint, increased setbacks, energy
efficiency, and accommodation of a 5+-member family are very much in line with what is set
forth in the General Plan. He cautioned the Board to be cognizant of the difference between
character and monotony when making decisions about what neighborhood character ought to be.
Jennifer Dibble, owner, said she and her husband spent considerable time meeting with their
neighbors at the beginning of the project with the specific intent of avoiding this position. She
TIBURON D.R.B MINUTES #9 5
6/18/09
said they have acquiesced wherever possible and increased side setbacks over what their original
idea for the house. She said that this is the only design that would allow the entire to family to
sleep on one level, which she felt was something important for safety and family dynamics. She
reiterated that they have made countless compromises, both before and after hearings by the
Board, but she will not compromise the safety of her family.
The public hearing was opened.
Jeff Boris said the project is on a corner lot and surrounded by 12 houses, with 7 of them that
would be directly affected by the proposed house. He stated that the adjacent homes are not
parallel with each other and the proposed house would be 8 feet away from his property line and
would block sunlight to his home. He voiced concerns for loss of enjoyment of his property as
well as the potential for mold. He shared a photo taken from his front door, noting that the
applicant's house would be all he would see whenever he left his home. He would like the
applicant to have the home they desire but not at the expense of the enjoyment of his own home.
Moira O'Neal said her home abuts the applicant's rear yard. She voiced concern that the apple
tree currently screening the two homes from one another would be removed. She shared photos
showing the visual impact that a recently-installed play structure has on her privacy. She said
that neighbor's properties are situated 3 to 4 feet higher than her own, and said that the 4 large
windows proposed would provide the applicant with a direct view of the entirety of her yard. She
said she has added value to the neighborhood by remodeling her own home and does not wish to
lose that value simply because she remodeled before everyone else.
Jennifer Barnes said her own Belveron remodel project required a significant lot coverage
variance due to one neighbor's opposition to a second story. She recalled that one Boardmember
suggested that homeowners consider second story buildings as a measure against variances. She
voiced support for the project and the value it would add to all homes in the neighborhood.
Danny Gallagher said he reviewed the plans and considers them to be a tasteful improvement to
the neighborhood. He said most single-story homes stand 18 feet high, not much below the
height of the proposed house. He concurred with Ms. Dibble's desire to keep her children's
rooms on the same level as her own and supported the project.
Satoko Boris said those neighbors who support the project would not be directly affected by it,
but she would be affected. She said she does not object to remodels in the area but she felt that
the locations and proportions of these lots make a two-story home unsuitable.
Clark Jorgensen said the neighborhood's housing stock is quite old and homogenous and he
believed that there was nothing about the applicants' proposal that would not significantly
improve the entire neighborhood.
Ben Elliot said that the applicants have already made numerous concessions to their original
design and dropping the roofline by 6 feet seems like an acceptable solution. He agreed that
having children on the same level of the home as parents adds an important level of security and
he voiced support for the project.
TIBURON D.R.B MINUTES #9
6/18/09
Ms. Dibble acknowledged the O'Neal's position and noted that as a result of conversations with
them, they have relocated the children's bedrooms to the front of the house and eliminated the
master bedroom balcony. She explained that the window overlooking the O'Neal's yard is
situated over her own bathtub and at a height that would prevent either party from seeing the
other. With respect to the Boris family, she said her current home allows her look directly at their
TV and she intentionally avoided any windows in this area of the proposed home. Ms. Dibble
reiterated that they worked very hard to address neighbors' concerns and have made many
compromises. She believed that the neighborhood's character should not be determined by just 3
neighbors.
Mr. Dibble said they have made all the changes requested of them and are happy to make any
other specific changes requested, but this comes down to the character of the neighborhood. He
felt that the house is modest for Tiburon, a normal home for the Belveron area, and one that
would work for his family.
Boardmember Wilson questioned if the proposal is the same as the first or second design brought
before the Board. Mr. Dibble noted it was the same as the second design reviewed by the Board
in December, 2008.
Chair Doyle questioned and confirmed that the master bathroom window on the second floor
would be set back approximately 4 feet from the bottom floor. He asked how far the front
bedroom was set back from the garage roofline. Boardmember Kricensky used a scale to
determine that the second story setback would be approximately 11 feet at the front of the home.
Chair Doyle questioned the number of proposed skylights. Mr. Dibble said that 9 skylights are
proposed and explained that the pitch of the roof is such that neighbors should not be affected by
them.
Vice-Chair Chong asked whether any thought was given to shortening the full-length windows
on the south elevation of the second story. Mr. Dibble said the windows were positioned for light
purposes.
Vice-Chair Chong confirmed that the height of the northern elevation bathroom windows would
be approximately 6 feet. Mr. Dibble noted that those windows have been placed to let in light
and would be situated over sinks.
The public hearing was closed.
Vice-Chair Chong explained that he has tried to compartmentalize the issues with this project
into those associated with a two-story home in Belveron, the design of this particular two-story
home, and the direct impact on the immediately surrounding three lots. He visited each site,
spent time viewing the entire neighborhood, and he did not believe that the other two-story
homes in Belveron ruin the charm of the neighborhood. He found this particular project to be
modest, with a neighborhood feel that would not be as much of a problem on almost any other
lot. He noted that the house had been reduced in height from its original design. He said that
TIBURON D.R.B MINUTES #9
6/18/09
although there would be some impact on all three surrounding homes, the privacy impacts would
only be a concern for the home at 3 Apollo Road. He stated that it is hard to value the impacts of
a house on outdoor living space, but he would like to try to minimize the impacts where the
subject home and the house at 3 Apollo Road back up to each other. He said that he was much
more comfortable with the application than when it first came forward.
Boardmember Tollini said his feelings have not changed since the project was last reviewed. He
noted that the staff report states that the second story would be 2.5 times the size of any other
second story in the area, and combined with the significant impact on the surrounding neighbors,
this is unacceptable. He said that the house would have a substantial impact on the neighbors and
he could not support that much floor area on the second story. He acknowledged the applicant's
desire to keep all four bedrooms on the same level, but he felt that this does not work at this
location. He suggested that the applicant consider moving at least one bedroom downstairs.
Boardmember Wilson said he visited the site and he said that the Board was clear during its last
review that the mass of the second story needed to be scaled back. He agreed with Vice-Chair
Chong that the three surrounding lots would be the most impacted and that their concerns are
more important than those of neighbors further away. He acknowledged the applicant's efforts
and pleasing design, but said if the decision is all or nothing, he could not support the
application. He reiterated that the Board was very clear since the beginning in its wish to see a
reduced second story mass. He was inclined to deny the application as it had not been altered
from the previous design.
Boardmember Kricensky said he also visited the site. He found the project's overall design to be
very well done in an architectural style that suits the surrounding area. He said that the program
for the house was enviable, but he was unsure that this was the appropriate site for such a house.
He said that the story poles were deceiving in that they are placed at the maximum height of the
roof at all points. He said that the lots in this area are very tight and he was concerned that
similar house built on the other lots would give the area more of an urban feeling.
Chair Doyle said he has visited and travelled past the site numerous times and found himself in
agreement with Vice-Chair Chong. He understood the applicant's desire to keep all bedrooms
upstairs, acknowledged the concessions already made to lower the roof and move windows, and
agreed that other homes in the area have higher elevations than what is proposed. He noted that
the other two-story house on Mercury Avenue was also very tall. He voiced concern for the
impacts to the home at 5 Apollo Road, but noted that the proposed house would be well set back
from the property line. He doubted that relocating one bedroom downstairs would alleviate any
impacts on the neighbors, but perhaps moving one bedroom to the front downstairs might help.
He said that there are all types of house designs in Belveron East. He felt that the adjustments
made to the house address the neighbors' issues and allow the applicants to have some space on
their lot. He said that the house would not feel as close to the neighbors as their photos show.
Boardmember Kricensky cautioned that the term "neighborhood character" is often misused and
that two stories are appropriate when creating a livable home. He reiterated his concern that the
project's width and the size of the second story would create an urban feel and mass that would
be inappropriate.
TIBURON D.R.B MINUTES #9
6/18/09
Boardmember Wilson said Chair Doyle expressed it best in that this is not a question of the
home's merits, but rather of the suitability of this home on this lot. He felt that this was the right
house on the wrong lot.
Mr. Watrous advised the Board of the following options: (1) approve the application; (2) provide
direction for changes and continue the application to a future hearing; or (3) direct staff to
prepare a resolution denying the application. He suggested that'if the Board wishes to continue
the item, it should first ensure that the applicant is willing to make the requested changes.
Chair Doyle asked if the applicant has any interest in making further changes. Mr. Dibble said
while there is room for increased setbacks and he is more than willing to reposition the home on
the lot, they have been through each iteration of the home's layout, and at this point, are not
willing to change anything in terms of program or floor plan.
ACTION: It was M/S (Wilson/Tollini) direct staff to prepare a resolution denying the application
for 22 Mercury Avenue. Vote: 3-2 (Doyle and Chong opposed).
5. 166 ROCK HILL ROAD ROBBERTS, NEW DWELLING
166 ROCK HILL ROAD
WILLEM AND JULIA ROBBERTS
EXISTING
PROPOSED
REQUIRED
LOT SIZE
231660 S.F.
NA
NA
FLOOR AREA
2,195
49357
4,366 MAX
LOT COVERAGE
11.6%
14.8%
15.0% MAX
BUILDING HEIGHT
12'
24'
3 0' MAX
SIDE YARDS
15'& 27'3"
15'& 31'
15'
FRONT YARD
24'
30'
30'
REAR YARD
82'
75'
25'
VARIANCES/EXCEPTION
NONE
Boardmember Tollini reported that he had discussed with staff the potential for conflict of
interest, but confirmed he could participate in the matter.
The applicant has submitted a request for construction of a new single-family dwelling on the
property located at 166 Rock Hill Road. Currently a one-story single-family dwelling occupies
the property which would be demolished as part of this application. The project proposes the
construction of a two-level home. The new home would include one bedroom, a three-car
garage, laundry room, storage room, office/library, dining room, living room, kitchen, and family
room on the main level. A master bedroom suite and two additional bedrooms would be located
on the upper level.
Michael Heckmann, architect, reviewed the evolution of the project and proposed plans. He
described the home as a contemporary style house with a concrete slab lower level with
horizontal shapes and roof forms, eliminating the need for attics or vaulted ceilings and keeping
TIBURON D.R.B MINUTES #9
6/18/09
the overall height? to a minimum. He said the owners have designed something that is as close to
their dream home on this lot, given any concerns that surrounding neighbors will allow. He said
that several modifications have already been made with that in mind, including relocation of the
garage, connected driveway, and pool/entertainment area. He shared photos taken from the
master bedroom of the neighboring home owned by the Lacey's. He noted the views of
Richardson Bay and the surrounding area are still visible from this and adjacent properties. He
said the Design Review Guidelines do not consider a master bedroom to be a primary living area
and that minor view blockages to the side are considered suitable. He said that the applicant will
prune several existing plum trees along the property line that currently obstruct a portion of the
neighbor's panoramic view. He said that the project would increase building setbacks and
decreased its height, both of which significantly improve the primary view of neighbors in a
much greater proportion than anything that might be obscured. He said that he met the Lacey's
and their consultant last week to agree to two modifications: (1) a window located in the corner
bedroom closest to the Lacey property will be eliminated; and (2) landscaping enhancements will
be used between the 2 properties. He explained that the existing circumstances are, in part, due to
the project's proximity to the Pelfini and Lacey residences, the latter of which extends well into
the required setback.
Pete Pedersen, landscape architect, reviewed the proposed grading. He said rather than truck
away the material excavated from the pool site, the soil would stay on site to maximize flat areas.
He acknowledged that the infill has created some concerns for neighbors, primarily arising from
an issue with the existing property line fence, and the applicant would like to move the
neighbor's fence back to the actual property line and in turn add landscaping to provide
additional screening.
Chair Doyle opened the public hearing.
Jim Malott thanked the Robberts for working so graciously with neighbors, but said there are still
major issues to be resolved. He reviewed the Hillside Design Guidelines and noted certain
aspects of the project that conflict with those guidelines. He said that the project would move
357 cubic yards of dirt behind 2 retaining walls with a total height of 13.5 feet and place a
swimming pool directly above the Pelfini residence, effectively adding another story to the
home. He said the Lacey's would lose a chunk of their view of Sausalito and gain a view of a
large, blocky home. Mr. Malott said that the applicant has been repeatedly asked to move the
second story back, but to no avail.
Ian Pearson said he lives 2 doors uphill from the applicant and was concerned that due to the flat
nature of the roof, skylights and potential solar panels would reflect a large amount of light in his
direction. He was also concerned that the proposed skylights and picture windows would emit a
significant amount of uphill light at night and that the new structure would intrude into his view
toward the hills and Golden Gate Bridge. He asked that the plans be changed to reduce the
appearance of mass. He believed that the retaining walls would achieve the applicants' goals at
inordinate cost to the Pelfini's.
Jean Pelfini said the applicants' plans call for placing a retaining wall in an area that is currently
well-sloped and heavy with natural foliage. She voiced concern that the wall would sit nearly 11
TIBURON D.R.B MINUTES #9 10
6/18/09
feet over the top of their home and be visible from the length of their driveway as well as from
every window. She was also concerned that the location and height of the pool area would create
spill-over noise onto her property and that the proposed picture windows would reflect light into
her home.
Tad Lacey said that he lives directly uphill from the applicant and is concerned about the mass of
the home, invasion of privacy, and substantial loss of views. He stated that the history of remodel
projects on upper Rock Hill Road are all clear examples of projects done with the utmost care
and respect for the neighborhood. He noted that the Board denied a second story addition
application for 155 Rock Hill Road due to view impacts. He felt that the contemporary style of
this home would be inconsistent with its surroundings, which consist primarily of gabled homes
with wide, unfenced yards. Mr. Lacey said the Robberts' had assured him at the time of purchase
that they would uphold the previous owner's efforts to trim the plum trees, but the trees have not
been pruned once and he is surprised to hear the same trees being used as evidence that his view
is already blocked.
John Kern stated that his primary concern was to preserve the architectural character of a long-
standing neighborhood. He said that all other remodels in the area have left that character intact,
using sloping and gabled rooflines and this would be the first total demolition on upper Rock Hill
Road. He said that the importance of design review is to preserve a neighborhood's innate
character - something that this home would not do. He said that the home seemed well-designed
and beautiful, but he did not believe it was properly sited.
Will Robberts, applicant, said that he and his wife are simply trying to accommodate a growing
family. He said that he had worked on the plans for the last two years, scaled them back
tremendously per neighbors' requests and has tried to follow the Hillside Guidelines wherever
possible. He felt that he and the Pelfini's have identified issues and made significant efforts to
resolve them. He also felt that he has taken the concerns of the Lacey's very seriously and
managed to improve their view from every room except for the master bedroom. He noted that to
do so, he moved the home as far back on the hill as possible, thus sacrificing his own primary
views. He clarified that there are no plans to install solar panels. He denied any issue with the
plum trees, stating that the previous seller did not inform him of any agreement with the Lacey's.
He noted that the project requires no variances, and he respectfully requested the Board to
approve the project expeditiously.
Vice-Chair Chong questioned the landscaping to be used along the retaining wall and whether
anything could be done to break up the look of a single straight line of walls. Mr. Pedersen said
that they were considering swapping the two walls so that the shorter wall would sit lower and
create a stepped effect. He said that they would like to plant the area prior to the home's
construction to expedite the softening effect. He explained that they have proposed to keep the
excavated material on site in an effort to reduce the number of trucks through the neighborhood
and noted there are much taller walls throughout Town that have received no complaint.
Boardmember Tollini acknowledged the applicant's desire to site the home on the western side
of the property to maximize views. He questioned whether or not any consideration was given to
shifting the house further east to minimize the impacts on neighbors. Mr. Heckmann said that
TIBURON D.R.B MINUTES #9 11
6/18/09
moving the home further into the hillside would exponentially increase the amount of material
offloaded from the site. He said that they have made numerous efforts to situate the rooms so that
they would not impact neighbors, and he thought it was clear that they have made generous
attempts to preserve the lion's share of the views from the Lacey's upstairs bedroom while also
improving them from the lower level of the home. He acknowledged comments about the
home's character but said that a contemporary home is always appropriate, if done correctly.
Chair Doyle asked if any portion of the home was dug into the hillside. Mr. Heckmann explained
that the site already has a large, flat surface and that they would essentially remove the existing
home and replace it with a different home. He said that they have already stepped the home
itself to eliminate any boxy effect.
Chair Doyle said the southern facing picture windows would catch direct sun and he questioned
how the applicant would mitigate this impact on neighbors. Mr. Heckmann said there are
existing trees in addition to the proposed landscaping that should alleviate any privacy or
reflection issues. He noted that the Pelfini's home is situated within the setback and the
applicants have already sacrificed the best pool location to preserve the privacy of neighbors.
Chair Doyle questioned if another wall tier would be possible. Mr. Pedersen said this had been
considered but said the flat space is at a premium and they would prefer not to give it up. Chair
Doyle questioned and confirmed that the length of the lawn would be roughly 25 feet.
Boardmember Kricensky noted that the location of the Pelfini home, regardless of setback
conflicts, is an existing situation that seems to have been completely ignored. Mr. Pedersen said
that the retaining wall would be 5 feet onto the Robbert's property. He said they are trying to be
as sensible as possible but should not be penalized for what is really an intrusion by the Pelfinis'
house.
Boardmember Kricensky noted that the dimensions listed do not allow for the proposed drainage.
Mr. Peterson said these are schematics only and water currently flows straight down the
property. He said that no matter what landscaping is installed, that flow would be lessened.
The public hearing was closed.
Boardmember Tollini said he visited the site as well as the Lacey's home. He believed that the
proposed project is large and close with major view impacts although not to any area that is
technically considered primary living space. He said the applicant has designed a beautiful home,
but one that would be very different from the surrounding area and very imposing when viewed
from the street. He suggested that issues be addressed, including the impacts on the Pelfinis'
house created by the large expanse of windows.
Boardmember Wilson visited the site and also witnessed the views from the Lacey's deck. He
felt that the architecture was fine, but dramatically different from other homes along this street.
He took issue with taking a view that is currently obstructed by a red Maple tree and completely
replacing it with a permanent structure. He disliked the placement of the pool and entertainment
TIBURON D.R.B MINUTES #9 12
6/18/09
area in general and suggested the applicant move the house to this location, pushing the pool to
the south or west.
Vice-Chair Chong said that he lives in a modern home that was built in 1971 and he imagined
there were similar objections to that home, as well. He appreciated the project's design and
choice of materials. He felt that the retaining walls were well thought out and landscaped. He
suggested that the pool, which would be mostly used during the day, may not significantly
intrude upon the Pelfini's bedroom, which-is primarily used at night. He said the project was
well-sited and considerable attempts have been made to open up the views for neighbors by
placing the second story where it would have less impact. He said that he could easily support
the project.
Boardmember Kricensky concurred and suggested that the proposed materials may tone down
the modern feel of the design. He agreed that the amount of glass on the home's southern side
was significant and seemed excessive, and suggested that a header be used to tone this down. He
believed that the home is well-placed and while the pool's location is a concern, there may not be
a more suitable location. He acknowledged the Lacey's concerns but said they have a fairly large
panoramic view from a secondary living space, of which they would be losing only a small
portion. He said that his biggest concern was the length and straight line of the retaining walls
size and their proximity to the Pelfini's house. He noted that the applicants would be replacing
existing vegetation and the walls would feel like a 10 foot tall wall when looking up from next
door. He suggested that the applicants need to show more sensitivity to the existing situation,
regardless of whose property it is.
Chair Doyle also appreciated the home's modern design but shared concerns that the glass would
be an issue. He noted that there are many different building styles and masses in the area. He
thought that the use of wood, glass, stone, and stucco would make the house melt into the hillside
beautifully and voiced no issue with the design. He said that everyone would like to keep all of
their views, but what would be gained exceeds that which would be lost. He concurred with
Boardmember Kricensky on the retaining walls and asked for something that would better
respect the Pelfinis' home. He agreed that the design of the house needs to show more
sensitivity on the south side, possibly with better landscaping.
Mr. Heckmann agreed to install a header on the picture windows and asked the Board to provide
direction on the percentage it would like the glass reduced. He asked the Board to consider
approving the project with those amendments, and continuing the issue of landscaping to a later
date.
Boardmember Wilson questioned if the applicant would consider eliminating the pool. Mr.
Heckmann said they could move it a bit to the north, but not eliminate it.
Mr. Watrous advised that the specifications for the glass could be easily provided for as a
condition of approval, but staff would be uncomfortable with a condition of approval describing
changes to be made to the retaining walls.
TIBURON D.R.B MINUTES #9 13
6/18/09
ACTION: It was M/S (Wilson/Tollini) to continue the application for 166 Rock Hill Road to the
July 16, 2009 Design Review Board meeting. Vote: 5-0.
G. APPROVAL OF MINUTES #9 OF THE 6/4/09 DESIGN REVIEW BOARD
MEETING
ACTION: It was M/S (Chong/Wilson) to approve the minutes of the June 4, 2009 meeting, as
written. Vote: 5-0.
H. ADJOURNMENT
The meeting was adj ourned at 10:00 p.m.
TIBURON D.R.B MINUTES #9 14
6/18/09
4 0
PLANNING COMMISSION
MINUTES NO. 983
June 24, 2009
Regular Meeting
Town of Tiburon Council Chambers
1505 Tiburon Boulevard, Tiburon, California
CALL TO ORDER AND ROLL CALL:
Chair O'Donnell called the meeting to order at 7:30 p.m.
Present: Chair O'Donnell, Commissioners Corcoran, Fraser, Frymier, and Kunzweiler
Absent: None
Staff Present: Planning Manager Watrous, Director of Community Development Anderson and
Minutes Clerk Levison
ORAL COMMUNICATIONS: None
COMMISSION AND STAFF BRIEFING:
Planning Manager Watrous stated that the item for 46 Main Street is continued to the July 8,
2009 meeting.
PUBLIC HEARING:
1. 46 MAIN STREET: CONDITIONAL USE PERMIT; REVIEW OF A
CONDITIONAL USE PERMIT GRANTED TO ALLOW THE SERVING OF
ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AT AN
EXISTING ART GALLERY (THE ART BAR MOLINAR); FILE #10801; Main
Street Properties, Owner; Deborah Molinar, Applicant; Assessor's Parcel Number
059-102-19 CONTINUED TO JULY 8, 2009
2. 9 CECILIA COURT: REQUEST TO AMEND THE TIBURON HIGHLANDS
PRECISE PLAN (PD #15) TO CREATE A LANDSCAPE ENVELOPE; FILE
#30901; Ronald and Alice Lando, Owners; Troy Martinez, 5 Elements Design,
Applicant; Assessor's Parcel Number 034-360-18
Mr. Watrous presented the staff report, stating that the applicants propose to amend the Tiburon
Highlands Precise Plan for property located at 9 Cecilia Court. The amendment seeks to create a
new landscape envelope beyond the existing building envelope on the site that would allow the
property owners to construct fencing and a possible gazebo and swimming pool in the area
below the existing single-family residence. The new landscape envelope would cover most of
the rear of the lot and extend to within 15 to 20 feet of the side property lines and within 30 to 45
TIBURON PLANNING COMMISSION MINUTES - JUNE 24, 2009 MINUTES NO. 983 PAGE I
feet of the rear property line. The intent of the landscape envelope is primarily to allow fencing
that would prevent deer from entering the property.
Chair O'Donnell opened the public hearing.
Troy Martinez, designer/contractor, stated that this application is driven by the desire to exclude
deer from the play area on the property. He said the applicant is willing to amend its request to
eliminate the possibility of a gazebo and swimming pool and to include any fence material
requirements the Commission should deem appropriate. The applicant is also amenable to
accepting a maximum fence height of 6 feet, with the option to return for a variance if that
should prove necessary. He detailed the property's constraints, explaining that the applicant
would very much like to keep as much of the southern, flatter area proposed within the requested
envelope. Mr. Martinez said all neighboring owners have reviewed and signed off on the project.
Commissioner Frymier asked for clarification on the boundaries of the proposed landscape
envelope. Mr. Martinez stated that the applicant requested an envelope which extends 30 feet in
from the property line. He estimated that the fence line could be brought back another 10 to 15
feet while still accommodating the existing play structure.
Vice-Chair Kunzweiler asked why the applicant is requesting such a large envelope if the goal is
simply to bar deer from entering the play area. Mr. Martinez stated that the proposed envelope
would extend to the furthest tangent line. He noted that the property contains a large flat area that
would also be suitable for play as well as a series of footpaths that would be more easily
accessed from within the fenced area.
Commissioner Fraser stated that he visited the property and was challenged to identify where the
existing building envelope and proposed landscape envelope lie. He asked if there are any other
properties within that community that have fenced in a portion of the rear yard. Mr. Martinez
said that 18 Upper'Cecilia Court has a small deck surrounded by a solid wall.
Commissioner Fraser said that the intent of the Tiburon Highlands Precise Plan is to preserve
public as well as private open space. He said that there is no rear yard fencing anywhere within
this development and cautioned that granting this application would set an unwelcome precedent.
He asked if the existing play structure is situated outside of the existing building envelope and
Mr. Watrous confirmed that it is outside the envelope.
Commissioner Fraser asked if the proposal has been submitted to the Tiburon Highlands HOA.
Mr. Martinez confirmed that they had discussed the request with the HOA and that the board
directed him to go through the Town's process.
Mr. Martinez stated that the proposed fence line does not appear to be visible from any
neighboring properties and said that the applicants have met with neighbors to discuss the
implementation of suitable landscaping, should that be necessary.
The public hearing was closed.
TIBURON PLANNING COMMISSION MINUTES - JUNE 24, 2009 MINUTES NO. 983 PAGE 2
Vice-Chair Kunzweiler concurred with Commissioner Fraser and stated that this would establish
a precedent in violation of the agreement upon which the entire area was developed. He said he
could understand the applicant's motivation but could not support the concept or make the
necessary findings to support the application.
Commissioner Corcoran concurred. He said that he walks the adjacent fire roads regularly and
thought it would be unfortunate if most of those properties were fenced. He said the intent
behind this development was to keep the area open and natural and noted that the applicant was
aware of these constraints when they purchased the property. He said that even if the fence was
not visible, it would begin to change the character of the neighborhood.
Commissioner Fraser acknowledged the desire behind the applicant's request but said this
reaches a bit too far in terms of attempting to enclose almost the entire property. He suggested
the applicant consider natural vegetation that would, in time, provide the same protection as a
fence. He said that the Tiburon Highlands precise plan was very specific regarding the need to
preserve public and private open space. He stated that adding fences to an unfenced area in this
development would set an improper precedent and he could not make the findings necessary to
approve the application.
Commissioner Frymier concurred and said that she exercises extreme caution in setting any
precedent related to land management. She said the intent of the Town Council was very clear
when it established the need to preserve this area. She expressed sympathy for the steep lot the
applicant has but noted that they were aware of it when they purchased the home.
Chair O'Donnell said he visited the property and he can clearly see the need to limit deer access
and he empathized with the applicant to a large extent. He said that the intent expressed in the
Town Council meeting minutes was to limit, but not exclude, the extent to which a property was
fenced off from its neighbors. He said this property possesses an unusual shape and drops off
dramatically and would allow transparent deer fencing that would have little impact on the
surrounding area. He felt that an open deer fence would not be offensive or set a precedent. He
suggested the applicant return with a more definitive plan that reduces that size of the landscape
envelope and eliminates the request for the gazebo and pool. He was willing to work with the
applicant and felt that there was an element of reasonableness to the request. He felt that a 6 foot
fence could effectively keep deer out because of the particular topography of this lot. He said the
needs of this property and the intent of the CC&R do not appear to directly conflict.
Commissioner Frymier noted the staff report indicates that a 6 foot fence would be inadequate.
Chair O'Donnell respectfully disagreed with staff. He said the property's slope would effectively
create a hurdle much higher than 6 feet for deer to negotiate. Mr. Watrous said staff has found
that the necessary fence height is strongly dependent upon slope and that deer have a much easier
time jumping downhill, as opposed to uphill, into an enclosed area.
Vice-Chair Kunzweiler asked if it is common for homes within the area to have 6 foot fences
within the building envelope. Mr. Watrous said no and noted that most building envelopes in the
area are fairly close to the home's footprint.
TIBURON PLANNING COMMISSION MINUTES - JUNE 24, 2009 MINUTES NO. 983 PAGE 3
Chair O'Donnell said the applicant could, out of frustration, erect a 6 foot high wall along the
building envelope and noted that would have a much greater impact on the neighborhood.
Commissioner Fraser said the Tiburon Highlands HOA would most likely intervene if the
applicant attempted to erect something like that.
Vice-Chair Kunzweiler said that the entire community has deer issues and the applicant must
find a way to address their problem in a manner that is consistent with the precise plan. He
reiterated that he could not make the necessary findings to support the application and felt that
precedents for projects such as this carry a lot of weight.
Commissioner Frymier said she visited the site and in light of the side vegetation, could see how
a fence may not be that objectionable. She said however, that the applicant accepted these
limitations when they purchased their home. She noted that the play structure is situated much
further from the house than is typically found.
ACTION: It was M/S (Kunzweiler/Fraser) to direct staff to prepare a resolution denying the
request. Vote: 4-1 (O'Donnell voted no).
3. 215 BLACKFIELD DRIVE: REQUEST TO AMEND CONDITIONAL USE
PERMIT FOR KOL SHOFAR SYNAGOGUE AND APPURTENANT DAY
SCHOOL TO REDUCE MAXIMUM ALLOWABLE DAY SCHOOL
ENROLLMENT FROM 150 STUDENTS TO 100 STUDENTS; FILE # 10901;
Congregation Kol Shofar, Owner and Applicant; Assessor's Parcel No.
034-291-31
Mr. Watrous presented the staff report, stating that Congregation Kol Shofar is requesting to
amend its conditional use permit authorizing the operation of a synagogue and day school at 215
Blackfield Drive for the purpose of reducing the maximum day school enrollment from the
previously approved level of 150 children to 100 children. The Town has determined that the
increased day school enrollment would generate the equivalent of 47 PM peak hour traffic trips
and in accordance with the Town's traffic mitigation fee program, triggered traffic mitigation
fees of $248,066. Congregation Kol Shofar has paid their traffic mitigation fees and the building
permit has been issued for their expansion project. CKS has now applied to amend their
conditional use permit to reduce the day school enrollment to 100 children in order to obtain a
refund of their traffic mitigation fees.
Commissioner Corcoran asked if the fee of $248,066 is payable annually. Mr. Watrous stated it
is a one-time payment.
Commissioner Corcoran asked how traffic mitigation fees are calculated. Mr. Watrous said it is a
fairly complicated formula based on the number of PM peak hour traffic trips.
Chair O'Donnell opened the public hearing and, as there was no public comment, closed the
hearing.
TIBURON PLANNING COMMISSION MINUTES - JUNE 24, 2009 MINUTES NO. 983 PAGE 4
Commissioner Frymier acknowledged the factors that determine these fees and expressed her
disappointment that Kol Shofar is looking to reduce their enrollment when there is a need for day
school space in the community.
Vice-Chair Kunzweiler said it is clearly up to the applicant to request this amendment.
Commissioner Corcoran acknowledged the complexity of the fee formula but said it is very
unfortunate that a brand new facility must reduce the number of currently allowed students
because of it. He noted the Commission has voiced the need for additional day care opportunities
on numerous occasions. He thought that perhaps the Town should re-examine the fee schedule
for traffic mitigation.
Chair O'Donnell stated support for the application. He suggested the Planning Commission and
Design Review Board would benefit from being better apprised of the fee structures associated
with the projects that come before them.
ACTION: It was M/S (Corcoran/Kunzweiler) adopt the resolution as drafted approving the
request. Vote: 5-0
4. INTRODUCTION AND OVERVIEW OF COMPREHENSIVE REFORMATTING
AND TEXT AMENDMENTS TO THE TIBURON ZONINIG ORDINACE; FILE#
MCA 2008-09; CONTINUED FROM JUNE 10, 2009
At the June 10, 2009 Planning Commission meeting, Town Staff provided an overview and
introduction to the Town's update to the Tiburon Zoning Ordinance. At that time, the
Commission recommended that the updated Zoning Ordinance be reviewed in segments, perhaps
consisting of one or two articles at a time, over a series of meetings. This would allow the
Commission to conduct a thorough review of the Zoning Ordinance before making a
recommendation of adoption to the Town Council.
Commissioners provided various corrections and minor wording changes. They discussed the
following sections in greater detail for the purpose of clarification and/or further amendment:
ARTICLE I
Section 16-10.020 - Purpose of the Zoning Ordinance
Vice-Chair Kunzweiler suggested that the phrase "and Natural" be added to "environment"
under Subsection N.
Section 16-10.040 - Authority and Relationship to General Plan
Vice-Chair Kunzweiler requested clarification on Subsection B (Relationship to the Town of
Tiburon General Plan). Director of Community Development Anderson explained that most
General Plan Policies are qualitative in nature. He said there are some however, which contain
TIBURON PLANNING COMMISSION MINUTES - JUNE 24. 2009 MINUTES NO. 983 PAGE 5
quantitative requirements and the approval of any application inconsistent with those
requirements should immediately trigger a General Plan amendment.
Section 16-10.050 - Applicability of Zoning Ordinance
Vice-Chair Kunzweiler requested clarification on Subsection B (Vested right exception). Mr.
Anderson said that vested rights address properties for which there is an existing development
agreement, court ruling, or vesting tentative map that may provide provisions which could
conflict with the newer Zoning Ordinance. Those provisions must be considered vested or locked
into the previous ordinance.
Commissioner Corcoran requested that a definition for "vested" be provided in the ordinance.
Chair O'Donnell requested clarification on Subsection C (Master and precise plan exception).
Mr. Anderson said this section is a direct carryover from the previous version and agreed that the
language could be improved. He explained that when the ordinance was last adopted in 1990,
there were a large number of approved precise plans with very specific floor area requirements.
This states that although the updated ordinance changes those requirements, the old ordinance, if
more restrictive, would remain in effect.
Vice-Chair Kunzweiler referred to Subsection E (Issuance of building permits), Subsection 2,
said that "materials" is unclear, and asked that it reference policies or procedures within the
building department to help the public understand these requirements. Mr. Watrous said they
provide applicants with handouts that outline that information and agreed to reference those
within the ordinance.
Commissioner Frymier suggested that the word "only" be deleted from Subsection F.
Vice-Chair Kunzweiler referred to Subsection H (Effect of Zoning Ordinance changes on
projects in progress) and requested clarification on when an application is considered complete
and therefore governed by the ordinance in effect at the time of application. Mr. Watrous said it
is ultimately up to the Commission to establish that threshold. He said the general practice has
been to consider an application complete and grandfathered under the old ordinance once all
pertinent materials or information has been supplied.
Commissioner Corcoran suggested moving the phrase "after the effective date" on Subsection J
to the front of the sentence.
Section 16-12.020 - Authority and Procedures for Interpretation
Commissioner Corcoran asked if the procedures outlined in this section are those currently in
practice. Mr. Watrous said that this section is new and explained that nothing in the current
ordinance specifies the appropriate course of action when a decision is challenged.
TIBURON PLANNING COMMISSION MINUTES - JUNE 24. 2009 MINUTES NO. 983 PAGE 6
ARTICLE II
Section 16-20.030 - Allowable Land Uses and Zoning Permit Requirements
Commissioner Fraser requested examples of the uses in Subsections 2 and 3. Mr. Watrous said if
a use is not listed as permitted, it is essentially prohibited.
Vice-Chair Kunzweiler asked how a new use would be added. Mr. Anderson said a Zoning
Ordinance amendment would be required although he noted that there are several exceptions, as
outlined.
Commissioner Corcoran suggested that the phrase "when applying the Zoning Ordinance" be
added to Subsection 3 (b).
Section 16-20.040 - Exemptions from Zoning Permit Requirements
Commissioner Fraser requested clarification on Subsection A, Subsection 5 and asked if there
are any guidelines regarding solar energy systems. Mr. Watrous explained that the State has
severely limited local input on the matter. Mr. Anderson confirmed and added that the State has
prohibited local governments from subjecting solar installations to Design Review, except in
applying maximum height requirements.
Chair O'Donnell requested that the ordinance discourage the placement of solar units at ground
level. Mr. Anderson said it would be unusual to reference such a policy in the Zoning Ordinance.
He noted the Town Council has adopted a written policy that discourages ground-mounted
installations to the extent possible. He added that the Town waives building permit fees for most
roof-mounted installations, but not for those that at ground level.
Vice-Chair Kunzweiler suggested that the phrase "per requirements of State law"' be added at the
beginning of Subsection 5.
Section 16-20.050 - Conflicting Requirements
Vice-Chair Kunzweiler referred to Subsection B and requested clarification on the authority of
CC&Rs versus the Zoning Ordinance. Mr. Anderson stated that the Town has the authority to
approve a request that violates CC&Rs.
Section 16-21.030 - Residential Zones Allowable Land Uses and Permit Requirements
Referring to Subsection D, Chair O'Donnell acknowledged the intent behind preserving the
housing stock in Old Tiburon, but suggested that requiring a conditional use permit to convert a
duplex into a single-family home discourages much needed rehabilitation of certain properties.
Chair O'Donnell asked if the requirement of a CUP for seasonal rentals is an enforceable
prospect, noting that the current house swap market is thriving. Mr. Watrous explained that the
term "seasonal rental" only applies to rentals of shorter duration than 31 consecutive days. He
TIBURON PLANNING COMMISSION MINUTES - JUNE 24. 2009 MINUTES NO. 983 PAGE 7
said the intent is to avoid a constant turnover like that seen with timeshares and he agreed that
enforceability would be an issue.
Vice-Chair Kunzweiler referred to Table 2-1 and requested distinction between a use requiring a
CUP and a use not allowed. He noted there are a number of situations where, realistically, that
use would never be allowed in that area yet it is not listed as such. Mr. Anderson acknowledged
the point and explained that if the Town does not create potential allowances for certain uses, no
matter how unrealistic, it opens itself up to discriminatory lawsuits.
ACTION: It was M/S (Corcoran/Frymier) to continue the hearing to the July 8, 2009 meeting.
Vote: 5-0
MINUTES:
5. PLANNING COMMISSION MINUTES - Regular Meeting of June 10, 2009
Chair O'Donnell requested tl
• Page 2, 7th paragraph
decisions beea-use 44,
responsible."
• Page 3, 4th paragraph
• Page 3, 8th paragraph
ie following amendments to the minutes:
- "Chair O'Donnell said people make best practice building
' i the if best intef which include being environmentally
- "Chair O'Donnell agreed and said..."
- "Chair O'Donnell eenfifmed questioned if the..."
Commissioner Corcoran requested the following amendment:
• Page 2, 6th paragraph -"Commissioner Corcoran asked if the Town's green building
program guidelines provide any guidance for airresidential applicant wishing to utilize
the LEED rating system instead of the green points rating system."
ACTION: It was M/S (Kunzweiler/Fraser) to approve the minutes of June 10, 2009, as amended.
Vote: 5-0.
ADJOURNMENT:
The Planning Commission adjourned the meeting at 9:30 p.m.
EMMETT O'DONNELL, CHAIRMAN
ATTEST:
SCOTT ANDERSON, SECRETARY
TIBURON PLANNING COMMISSION MINUTES -,TUNE 24, 2009 MINUTES NO. 983 PAGE 8
70
? ~ )/CA ACTION MINUTES #11
TIBURON DESIGN REVIEW BOARD
THURSDAY, JULY 2, 2009
1505 TIBURON BOULEVARD
A. ROLL CALL: Present: Chair Doyle, Boardmembers Chong and Kricensky
Absent: Boardmembers Tollini and Wilson
Ex-Officio: Planning Manager Watrous, Assistant Planner Phillips and
Minutes Clerk Rusting
B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA)
C. STAFF BRIEFING
D. ELECTION OF CHAIR AND VICE-CHAIR - CHONG ELECTED CHAIR;
TOLLINI ELECTED VICE-CHAIR
E. CONSENT CALENDAR
1. 22 Mercury Avenue Dibble Resolution of Denial CONTINUED TO 8/20/09
2. 1550 Tiburon Boulevard Belvedere Land Co. Signs APPROVED
F. OLD BUSINESS BEFORE THE BOARD
3. 526 Comstock Drive Singh
4. 88 Hacienda Drive Fried
New Dwelling/Variances CONTINUED TO 8/6/09
Additions/Variances APPROVED
G. NEW BUSINESS BEFORE THE BOARD
5. 139 Hacienda Drive Brooks/Thompson Additions/Variance APPROVED
6. 680 Hawthorne Drive Mahoney Additions CONTINUED TO 7/16/09
7. 83 Claire Way Kamloonwasaraj New Dwelling/Variances WITHDRAWN
H. MINUTES #10 OF THE 6/18/09 DESIGN REVIEW BOARD MEETING - APPROVED
1. ADJOURNMENT - 9:30 PM
TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard
Tiburon, CA 94920
ACTION MINUTES 130
Action Minutes - Regular Meeting
Tiburon Planning Commission
July 8, 2009 - 7:30 PM
TIBURON PLANNING COMMISSION
CALL TO ORDER AND ROLL CALL At 7:30 PM
Present: Chairman O'Donnell, Vice Chainnan Kunzweiler, Commissioner Corcoran,
Commissioner Fraser
Absent: Commissioner Frymier
ORAL COMMUNICATIONS There were none
Persons wishing to address the Planning Commission 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, items 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)
minutes. Testimony regarding matters not on the agenda will not be considered part of the
administrative record.
COMMISSION AND STAFF BRIEFING None
Commission and Committee Reports
Director's Report
ELECTION OF CHAIR AND VICE CHAIR
Commissioner Kunzweiler Elected Chair; Commissioner Fraser Elected Vice Chair
PUBLIC HEARING
1. 9 CECILIA COURT: ADOPTION OF A RESOLUTION DENYING A REQUEST
TO AMEND THE TIBURON HIGHLANDS PRECISE PLAN (PD #15) TO
CREATE A LANDSCAPE ENVELOPE; FILE #30901; Ronald and Alice Lando,
Owners; Troy Martinez, 5 Elements Design, Applicant; Assessor's Parcel Number
034-360-18; [DWI Adopted 3-1 (O'Donnell No)
2. 46 MAIN STREET: CONDITIONAL USE PERMIT; REVIEW OF A
CONDITIONAL USE PERMIT GRANTED TO ALLOW THE SERVING OF
ALCOHOLIC BEVERAGES FOR CONSUMPTION ON THE PREMISES AT AN
EXISTING ART GALLERY (THE ART BAR MOLINAR); FILE #10801; Main
Tiburon Planning Commission
Action Minutes
July 8, 2009
Page 1
Street Properties, Owner; Deborah Molinar, Applicant; Assessor's Parcel Number
059-102-19 [LT] Found in Compliance with Use Permit (4-0)
3. INTRODUCTION AND OVERVIEW OF COMPREHENSIVE REFORMATTING
AND TEXT AMENDMENTS TO THE TIBURON ZONING ORDINANCE; FILE
#MCA 2008-09; CONTINUED FROM JUNE 101 2009 [DW] Continued to July
22, 2009 (4-0)
MINUTES
4. PLANNING COMMISSION MINUTES -Regular Meeting of June 24, 2009
Approved as Amended (4-0)
ADJOURNMENT At 9:00 PM
am070809
Tiburon Planning Commission July 8, 2009 Page 2
Action Minutes
qla
DESIGN REVIEW BOARD O,A
AGENDA
TOWN OF TIBURON DATE: 7/16/09
1505 TIBURON BOULEVARD MEETING TIME 7:00 P.M.
TIBURON, CA 94920 AGENDA NO.: #12
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 new 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 majority 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, Kricensky, Tollini and Wilson
B. PUBLIC COMMENTS (FOR ITEMS NOT ON THE AGENDA)
C. STAFF BRIEFING
D. OLD BUSINESS BEFORE THE BOARD
1. 166 Rock Hill Road Robberts
E. NEW BUSINESS BEFORE THE BOARD
2. 22 Juno Road Amir
3. 680 Hawthorne Drive Mahoney
New Dwelling
Garage/Variance
Additions WITHDRAWN
F. APPROVAL OF MINUTES #11 OF THE 7/2/09 DESIGN REVIEW BOARD MEETING
G. ADJOURNMENT
**PLEASE NOTE THAT AGENDA ITEMS MAY BE TAKEN OUT OF ORDER**
[EMT 4.
RECEIVED
JUL - 9 Z009
TOWN MANAGERS OFFICE
TOWN OF TIBURON
No. 368, Jury 16, 2009
ABAG EXECUTIVE BOARD
AGENDA, MINUTES $c
SCHEDULE OF MEETINGS
0
ASSOCIATION OF BAY AREA GOVERNMENTS
REPRESENTING CITY AND COUNTY GOVERNMENTS OF THE SAN FRANCISCO BAY AREA
DIGEST
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
A G E N D A
ABAG EXECUTIVE BOARD MEETING NO. 368
Thursday, July 16, 20099 7:00 PM
METROCENTER AUDITORIUM
101 8th Street (at Oak Street)
Oakland, California
For additional information, please call:
Fred Castro, (510) 464 7913
Agenda and attachments available at:
http://www.abag.ca.gov/meetings/
1. CALL TO ORDER
2. PUBLIC COMMENT
3. ANNOUNCEMENTS
4. PRESIDENT'S REPORT
5. EXECUTIVE DIRECTOR'S REPORT"
6. CONSENT CALENDAR
ACTION: Unless there is a request by a Board member to take up an item on the
consent calendar separately, the calendar will be acted upon in one motion.
A. Approval of Executive Board Summary Minutes"
, Summary Minutes of Meeting No. 367 held on May 21, 2009.
B. Grant Applications"
With Board consent, ABAG will transmit the attached list of federal grant
applications to the State Clearinghouse. These applications were circulated in
ABAG's "Intergovernmental Review Newsletter" since the last Executive Board
meeting.
Please Note: The Board may act on any item on this agenda. **Attachment included.
Mailing Address: P.O. Box 2050 Oakland, California 94604-2050 (510) 464-7900 Fax: (510) 464-7985 info@abag.ca.gov
Location: Joseph P. Bort MetroCenter 1o1 Eighth Street Oakland, California 94607-4756
July 16, 2009, ABAG Executive Board Agenda, Page 2
•7
C. Appointments to Committees
President Jacobs Gibson requests Executive Board approval of appointments to
the following committees:
San Francisco Estuary Implementation Committee
Nominee to be Announced at Meeting
Regional Planning Committee
Cheryl O'Connor, Interim CEO, Home Builders Association of Northern California
(Replaces Joseph Perkins)
D. Approval of Resolution No. 15-09 Commending Joseph Chan on Occasion
of His Retirement from ABAG**
Approval of Resolution No. 15-09 commending Joseph Chan, former ABAG
Finance Director on 26 years of outstanding service to ABAG.
E. Authorization to Submit $250,000 Grant Application to Metropolitan
Transportation Commission by the San Francisco Bay Trail**
Authorization is requested to submit a funding application request in the amount
of $250,000 to MTC under the FY 2009-2010 Bridge Toll Funds Five Percent
Unrestricted State Funds category for the San Francisco Bay Trail.
F. Authorization to Apply for U.S. Environmental Protection Agency (EPA)
Climate Showcase Communities Grant**
Authorization is requested to submit a proposal for up to $500,000 in grant
funding from U.S. EPA's Climate Showcase Communities Grant Program, and if
awarded, for the Executive Director or designee to enter into an agreement with
U.S. EPA. A 50% match is required and can be in the form of in-kind services.
The grant period for awards will begin January 1, 2010, and the proposed project
period may be up to three years.
7. BAY AREA GREEN BUSINESS PROGRAM CERTIFIED PUBLIC AGENCY
RECOGNITION**
ACTION: Abag Senior Planner Ceil Scandone will report on the progress of the Bay
Area Green Business Program which is seeking Executive Board recognition for 25
public agencies that have been certified as "Green Businesses: in the past 16
months.
8. SOLAR AND ENERGY EFFIECIENCY FINANCING DISTRICT"
Information: Ezra Rapport, ABAG Deputy Executive Director, will provide an update
on the proposed solar and energy efficiency financing district including program
design elements; market research planning and business case development.
9. ABAG's SUSTAINABLE COMMUNITIES STRATEGY WORK CONCEPTS**
Information: Ezra Rapport, ABAG Deputy Executive Director, will brief the Board on
ABAG's Sustainable Communities Strategy (SCS) work concepts. The SCS is a
policy document required to be adopted as part of the next Regional Transportation
Plan (RTP). The SCS/RTP includes land use and transportation policies and
Please Note: The Board may act on any item on this agenda. **Attachment included.
July 16, 2009, ABAG Executive Board Agenda, Page 3
investments that address climate change, regional traffic congestion, and the
reduction of carbon emissions from cars and light trucks in accordance with the
regional targets to be established by the California Air Resources Board (CARB).
10. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEE REPORT**
Information/ACTION: Committee Chair Carole Dillon Knutson, Councilmember,
City of Novato, will report on Committee activities and ask Board approval of
Committee recommendations on pending legislation.
11. FINANCE & PERSONNEL COMMITTEE REPORT**
Information/ACTION: Committee Chair Scott Haggerty, Supervisor, Alameda
County, will report on Committee activities and ask Board approval of Committee
recommendations.
CLOSED SESSION: The following item will be discussed in closed session
pursuant to the requirements of the Ralph M. Brown Act:
• Proposed Labor Agreement with SEW 1021
12. ADJOURNMENT
7A,,,,-, A4~~-~
Hen L. Gar, ner, Secretary-Treasurer
Please Note: The Board may act on any item on this agenda. **Attachment included.
SUMMARY MINUTES
ABAG Executive Board Meeting
No. 367, May 21, 2009
MetroCenter Auditorium
101 8th Street, Oakland, CA
1. CALL TO ORDER
President Rose Jacobs Gibson called the meeting to order at approximately 7:07 p.m.
A revised agenda was distributed.
Representatives and Alternates Present
Jurisdiction
Supervisor John Avalos
County of San Francisco
Councilmember Jane Brunner
City of Oakland
Mayor Pro Tern David Casas
City of Los Altos
Councilmember Kansen Chu
City of San Jose
Councilmember Carole Dillon-Knutson
City of Novato
Councilmember Dan Furtado
City of Campbell
Mayor Jack Gingles
City of Calistoga
Supervisor John Gloia
County of Contra Costa
Mayor Mark Green
City of Union City
Supervisor Carole Groom
County of San Mateo
Supervisor Scott Haggerty
County of Alameda
Supervisor Rose Jacobs Gibson
County of San Mateo
Mayor Beverly Johnson
City of Alameda
Councilmember Ash Kalra
City of San Jose
Supervisor Mike Kerns
County of Sonoma
Director Nancy Kirshner Rodriguez
City of San Francisco
Supervisor Barbara Kondylis
County of Solano
Councilmember Sam Liccardo
City of San Jose
Supervisor Mark Luce
County of Napa
Supervisor Ross Mirkarimi
County of San Francisco
Mayor Julie Pierce
City of Clayton
Mayor Harry Price
City of Fairfield
Vice Mayor Jean Quan
City of Oakland
Mayor A, Sep! Richardson
City of Brisbane
Supervisor Gail Steele
County of Alameda
Mayor Pamela Torliatt
City of Petaluma
Supervisor Gayle B. Ullkema
County of Contra Costa
Councilmember Joanne Ward
City of Hercules
Terry Young
RWQCB
Representatives Absent Jurisdiction
Supervisor Susan Adams County of Morin
Supervisor David Cortese County of Santa Clara
Councilmember Richard Garbarino City of South San Francisco
Education Advisor Hydra Mendoza County of San Francisco
Councilmember Nancy Nadel City of Oakland
Mayor Gavin Newsom City of San Francisco
Supervisor Ken Yeager County of Santa Clara
Item 6.A.
.7
2. PUBLIC COMMENT
There were no public comments.
3. ANNOUNCEMENTS
President Jacobs Gibson welcomed David Casas, Mayor Pro Tem, City of Los Altos,
alternate representing cities in County of Santa Clara.
Mark Green, Mayor, City of Union City, announced the graduation of his son from the
University of California, Berkeley. He reported on a recent Bay Trail event in San
Francisco.
There were no other announcements.
4. PRESIDENT'S REPORT
President Jacobs Gibson reported on the following:
The winners of the 2009 Growing Smarter Together Awards were announced during
the Spring General Assembly. The first Urban Design Category winner was presented
this year to the City of Berkeley for Oxford Plaza Apartments and the David Brower
Center. Other awardees include: the City of San Ramon won in the Sharing the
Benefits Category for their innovative Housing Rehabilitation Program; the County of
Alameda Public Works Department won in the Preserving and Protecting the
Environment Category for the Peralta Creek Restoration Project, the City of Union City
won in the On the Ground-Getting it Done Category for their Intermodal Station
District Plan, and both AC Transit and BART were recognized for their contributions to
this project, and the Housing Endowment and Regional Trust-the HEART of San
Mateo County was awarded a Growing Smarter Together Award in the Public Private
Partnership Category. The awards presentation is on the ABAG website.
At the General Assembly speakers and panelists helped to drive home the messages
that ABAG has been making about focused growth, infill development, and climate
protection and answered many questions about SB 375 and ABAG's approach and
readiness for implementation. The PowerPoint presentation delivered by Vice
President Mark Green and MTC Commissioner Steve Kinsey, as well as a glossary of
terms, is available on the ABAG website.
During the Business Meeting the Annual Budget and Work Program and a bylaw
amendment that allows flexibility in the scheduling of the Spring General Assembly
were approved. The Fall General Assembly will once be held in San Francisco on
October 22nd.
Since its establishment last year, the Youth Gun Violence Task Force has met and
conducted independent research that has led to a decision to hold a convening of
experts in the field of youth gun violence and building healthy communities on
June 18th.
Additional ABAG Committee appointments will be made in July and throughout the
year as vacancies occur.
Members were urged to support SB 406, introduced by Senator Mark DeSaulnier at
the behest of ABAG and the California Council of Governments (CALCOG), would
provide a much needed consistent source of financing for ABAG and MPOs
2
throughout the state as well as local governments for planning and implementation
of SB 375. A draft letter of support was distributed.
5. EXECUTIVE DIRECTOR'S REPORT
Executive Director Gardner reported on the following:
As a result of the recent election and the failure of Propositions 1 A through 1 E, the
state deficit will increase, the state will resort to borrowing from cities and counties,
and the state will likely freeze contracts and grants to public and private agencies.
The Legislative Analyst updated the State's cash flow analysis and concluded that
the State may have to halt spending on bond funded projects and force delays in
payments for work already performed which could have a significant impact on
ABAG's Bay Trail Project and Estuary Project, both funded from State issued bond
financings, and both have had payments delayed this fiscal year. Fortunately, ABAG
was able to move employees to other projects that were not affected by the funding
freeze, but that will probably not be possible if there is a future freeze, particularly for
the Bay Trail Project. The Bay Trail Project is currently under funded and FY 2009-10 will
be a challenge. The State is currently estimating an $8 billion revenue shortfall for the
remainder of the fiscal year.
The prospects of the State borrowing from cities and counties and cutting funding for
existing programs are becoming more probable, and failure of the measures in the
May 19 special election will make it all but certain. Cities and counties are facing
enormous budget challenges themselves and have exhausted most of the options
they have to close budget deficits without painful reductions in staff and services. The
federal stimulus package will ease some of the State's budget problems, but not all
of them, and will provide little immediate help to cities and counties.
The May Revision is expected to be released by the Governor on May 14, 2009.
Should the ballot propositions fail, estimated to raise approximately $6 billion, the
Governor has indicated that possible actions might include the following: borrowing
$2 billion from cities, counties, and special districts; additional cuts to Medi-Cal;
release of 40,000 nonviolent inmates from prison; release of undocumented inmates
to the federal government; an additional $3.6 billion reduction to schools.
In its 2007 Report to the Legislature on the Status of Housing Elements in California, the
California Department of Housing and Community Development reports that for the
planning period from December 31, 2001 to June 30, 2009, in ABAG's region, 92 out of
109 total jurisdictions, or 85 percent, had adopted housing elements that were in
compliance in their general plans, the highest among other regions in the state. The
report describes the status of local government compliance with housing element
law statewide and by region.
To meet the requirements of SB 375, staff is taking steps to encourage the League of
California Cities, the California State Association of Counties, and local jurisdictions to
support SB 406 (DeSaulnier). SB 406 will allow the Metropolitan Planning Organizations
the option of imposing a maximum $2 as a registration fee on automobiles to
generate funds that can support the significant planning responsibilities to provide for
the orderly growth in a sustainable manner and to meet greenhouse gas reduction
targets placed on MPOs by SB 375. Through SB 406, local governments will receive 50
percent of funding for direct assistance in the SB 375 planning process, with the
remainder going to MPOs to complete plans to meet regional targets.
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The San Francisco Bay Restoration Authority Governing Board held its first meeting on
April 22. Chaired by Samuel Schuchat, Executive Officer of the California State
Coastal Conservancy, all appointed members of the Governing Board were present
and heard a summary of the legislation establishing the Authority and an overview of
San Francisco Bay wetlands restoration projects and opportunities. The Governing
Board accepted the support offered by ABAG and the State Coastal Conservancy to
provide staff to the Authority. The next Governing Board meeting is scheduled for
July 29.
FOCUS Forum continues its series of monthly meetings with focused discussions and
guest speakers that provide opportunities to learn more about specific issues
concerning the creation of complete communities near transit in urbanized areas.
Upcoming meetings include: "Air Quality in Our Communities" with guest speaker
Dave Vintze, Program Manager BAAQMD, Thursday, May 14; "Development With
Diversity" featuring the sub-recipients of the Caltrans Environmental Justice grant,
Thursday, June 25; "Health in Urban Areas" with guest speaker Dr. Richard Jackson,
Thursday, July 9; Projections 2009 Conference "Building Momentum", Thursday,
June 18.
On May 1, 2009 ABAG submitted its Final Partnership Report to PG&E. The successful
conclusion of the program included the following accomplishments: provided
technical assistance to 61 agencies in the Bay Area, identifying over 600 potential
energy savings projects; completed 309 energy efficiency projects in local
government facilities for 48 separate agencies, saved over 25,000,000 kWh/yr and
580,000 therm/yr.
ABAG has successfully transitioned the energy efficiency assistance previously
provided by the ABAG Energy Watch program to new, sub-regional Energy Watch
programs for the 2009-11 program cycle, and is now working with PG&E on the Green
Communities effort.
In 2006, ABAG POWER joined a lawsuit against natural gas trading companies that
manipulated commodity prices during 1999-2001. As of May 2009, ABAG POWER has
recovered $500,000 (net) on behalf of 45 past and current members.
Members discussed the impact of State's budget on the San Francisco Bay
Conservation and Development Commission (BCDC), and the state borrowing from
cities.
President Jacobs Gibson thanked Executive Director Gardner for his report.
6. CONSENT CALENDAR
President Jacobs Gibson recognized a motion by Sep! Richardson, Mayor, City of
Brisbane, and seconded by Mike Kerns, Supervisor, County of Sonoma, to approve
the consent calendar. The motion passed unanimously.
A. Approval of Executive Board Summary Minutes"
Summary Minutes of Meeting No. 366 held on March 19, 2009.
B. Grant Applications
A list of grant applications was approved for submission to the State
Clearinghouse, having been circulated in ABAG's "Intergovernmental Review
Newsletter" since the last Executive Board meeting.
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C. Appointment to Committees
Approved the following appointment to committee:
Bay Area Council Economic Institute*
Roseanne Faust, Mayor, Redwood City
D. Authorization to Renew Agreement with Michael J. Arnold and Associates,
Legislative Advocate**
Authorization approved to renew the agreement with Michael J. Arnold and
Associates in an amount not to exceed $60,000 to provide legislative advocacy
on behalf of ABAG in Sacramento.
E. Authorization for the Executive Director or Designee to Enter into Agreement for
Grant from US Geological Survey**
Authorization approved for the Executive Director or designee to enter into
agreement with the US Geological Survey to update public outreach materials
on ABAG's website. Agreement will not exceed $80,000.
F. Authorization is Requested for the Executive Director or Designee to Enter Into
Contract Agreements for Estuary 2100 Grant**
At the July 2008 meeting the Executive Board authorized entering into a grant
agreement with the U.S EPA in the amount of $4,922,000 under the San Francisco
Bay Water Quality Improvement fund. Authorization approved to enter into
agreements with 16 agencies totaling $4,104,076.
G. Authorization to Amend or Enter into Agreement with US Environmental Protection
Agency (EPA)**
Authorization approved for the Executive Director or designee to amend or enter
into a new cooperative agreement with EPA on behalf of the San Francisco
Estuary Project to provide technical, public involvement and administrative
support in implementing the Comprehensive Conservation and Management
Plan (CCMP). The agreement term will be extended to December 31, 2010.
H. Authorization and Approval of Resolution No. 09-09 to Enter into Financial
Assistance Agreement for American Recovery and Reinvestment Act (AARA)
Funds**
Authorization approved for approval of Resolution No. 09-09 entering into
agreement with the State Water Resources Control Board for financial assistance
agreement with the State of California and the State Water Resources Control
Board.
1. Authorization and Approval of Resolution No. 10-09 to Enter into Agreement for
Clean Water State Revolving Fund for $7.8 Million in Stimulus Funding for Bay Area
Trash Capture Demonstration Project**
Authorization approved for approval of Resolution 10-09 transmitting application
for funding for Bay Area-Wide Trash Capture Demonstration Project. The proposal
includes significant public education and technology transfer elements.
J. Authorization to Enter into Financial Assistance Agreement under American
Recovery and Reinvestment Act of 2009 (ARRA)**
Application for State Revolving Fund program funding for the El Cerrito Green
Streets Project was approved by the Executive board in Resolution 04-09 adopted
on March 19, 2009. The State Water Resources Control Board requests an
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additional Resolution using specific language drafted by the State Board.
Approved Resolution No. 11-09.
K. Approval of Resolution Recognizing State Treasurer Bill Lockyer for Supporting the
San Francisco Bay Trail Project
Approved resolution recognizing State Treasurer Bill Lockyer for supporting the San
Francisco Bay Trail Project since the passage of SB 100 in 1987 and efforts to
complete the continuous trail around the San Francisco Bay.
L. Approval of Resolution No. 13-09 Authorizing the ABAG Secretary-Treasurer to
Designate Authorized Check Signers**
Bank of the West requires a resolution authorizing designated signers for ABAG
checks, Approved Resolution No. 13-09 authorizing the ABAG Secretary-Treasurer
to designate check signers.
7. BAY FRIENDLY LANDSCAPING PRACTICES**
Teresa Eade, Senior Program Manager, StopWaste.Org, and Michelle LeBeau, Bay-
Friendly Landscaping & Gardening Coalition, made a presentation about Bay-
Friendly programs and services. The presentation included a description of
conventional landscapes, the seven principles of Bay-Friendly landscaping and its
benefits, regional approach, landscape standards and resources, coalition
participants, and future programs.
Members discussed edible landscapes, community gardens, gray water permitting,
the significance of adopting the charter, current legislation affecting home owners
associations' CC&Rs, StopWaste.Org materials and workshops, reducing storm water
pollution, third-party certification, master gardener programs, and Integrated Pest
Management.
President Jacobs Gibson recognized a motion by Jean Quan, Councilmember, City
of Oakland, and which was seconded, to endorse the Bay Friendly 7 Principles
Charter, encourage staff to incorporate Bay Friendly criteria in relevant programs,
encourage continued development of a landscape verification program, and inform
ABAG members of these actions. The motion passed unanimously.
President Jacobs Gibson thanked Ms. Eades and Ms. LeBeau for their report,
8. BAY TRAIL 20TH ANNIVERSARY**
Laura Thompson, Bay Trail Project Manager, provided the Board with a status report
on the Bay Trail gap analysis and announced a schedule of 20th anniversary
activities. She described the progress made over the past 20 years of the Bay Trail,
partnerships, and grant program. She thanked the Board for adopting the resolution
recognizing the contributions of Bill Lockyer, State Treasurer, who will be at the
anniversary celebration on June 6th,
Members discussed lobbying for support through the federal reauthorization and
transportation bill and acknowledged Bay Trail Project staff for their work.
President Jacobs Gibson thanked Ms. Thompson for her report.
9. ABAG'S INTERACTIONS WITH THE JOINT POLICY COMMITTEE IN IMPLEMENTATING
SB 375**
Paul Fassinger, ABAG Research Director, presented recommendations for how
6
decision-making and staff work will be organized for upcoming regional initiatives.
He noted recent actions by the Joint Policy Committee regarding draft policies for
implementing SB 375, reviewed SB 375, policy models, described constructing
integrated models, and listed outreach plans. He further described the required
integration of work efforts and staff recommendations for discussing proposals with
regional agencies and local stakeholders.
Members discussed the planning and modeling fatigue-and the connection
between RHNA, Projections, and the Sustainable Communities Strategy; technical
level discussions; buy-in by local jurisdictions; the role of modeling regarding proposed
development in salt flats.
Executive Director Gardner commented on the need for staff to present issues and
their implications that should be addressed by members prior to action being taken
at the Joint Policy Committee.
President Jacobs Gibson recognized a motion by Sam Liccardo, Councilmember,
City of San Jose, and seconded by Barbara Kondylis, Supervisor, County of Solano, to
accept the report. The motion passed unanimously.
President Jacobs Gibson thanked Mr. Fassinger for his report.
10. ABAG REGIONAL SOLAR ENERGY EFFICIENCY PROGRAM UPDATE**
Ezra Rapport, ABAG Deputy Executive Director, provided the Board with an update
on plans for a regional solar energy efficiency finance program. He described the
role of PG&E, legal issues, assessment versus special tax districts, special tax
validation, and finance bonds in the formation of Solar and Energy Efficiency
financing districts.
Members discussed Mello Roos districts, energy loading, commercial property, solar
capacity and technology developments, providing status update to members,
program timeline, implementation of SB 279, single form for solar permitting,
Community Choice Aggregation, residential low-income diversification, public
housing and non-profit housing, bonding, and federal rebates.
President Jacobs Gibson thanked Mr. Rapport for his report.
11. LEGISLATION & GOVERNMENTAL ORGANIZATION COMMITTEE REPORT**
President Jacobs Gibson recognized Committee Chair Carole Dillon Knutsen,
Councilmember, City of Novato, who reported on recommendations on bills for
consideration in the 2009 Legislative Session, including SB 406 (DeSaulnier), Land Use:
Environmental Quality (support); SB 575 (Steinberg), Local Planning: Housing Element
(support); AB 349 (Silva), State Mandates (support and follow-up); AB 155 (Mendoza),
Local Government: Bankruptcy (oppose); ACA 9 (Huffman), Local Government
Bonds: Special Taxes, Voter Approval (support); AD 1342 (Evans), Local Taxation:
Income Taxes, Vehicle License Fees (support); SB 7 (Wiggins), Renewable Energy
Sources: Feed-in Tariff, Net Metering (support if amended); SB 676 (Wolk), Local Fees
(support); AB 1520 (Evans), State Watershed Program (support in concept); and AB 87
(Davis), Single Use Carryout Bags: Environmental Effects, Mitigation (support).
She reported on committee activities, including: discussion of Multi-County Delta
Resolution and water planning priorities; summarized issues and challenges raised
during the ABAG Spring General Assembly and Bay Area Air Quality Management
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District Climate Action Summit; discussion of the current budget situation and
participation with the League of California Cities and the California State Association
of Counties on budget impacts; consideration of AB 744 (Torrico), Transportation: Toll
Lanes, Express Lane Network, and AB 881 (Huffman), Sonoma County Regional
Climate Protection Authority, Greenhouse Gas Emissions; and a briefing on efforts to
address government dysfunction to the next committee meeting agenda.
Members discussed ACA 9, AB 1061, and AB 87.
President Jacobs Gibson recognized a motion by Chair Dillon Knutsen, and seconded
by Supervisor Kerns to approve the committee report as amended to indicate
support of AB 87. The motion passed with one nay vote related to ACA 9 (Gayle B.
Uilkema,. Supervisor, County of Contra Costa).
President Jacobs Gibson thanked Chair Dillon Knutsen for her report.
12. FINANCE & PERSONNEL COMMITTEE REPORT**
President Jacobs Gibson recognized Committee Chair Scott Haggerty, Supervisor,
County of Alameda, who reported on committee activities, including: approval of
financial reports for March and April; and approval of contribution to the Tranter-
Leong Internship Program in the amount of $17,000 for Fiscal Year 2009-2010. He
asked to members to encourage counties and cities to pay their dues.
President Jacobs Gibson recognized a motion by Chair Haggerty, and seconded by
John Gioia, Supervisor, County of Contra Costa, to approve the committee report.
The motion passed unanimously.
President Jacobs Gibson thanked Chair Haggerty for his report.
The Board entered closed session at 9:23 p.m.
The Board entered open session at 9:30 p.m.
Chair Haggerty reported that members met with ABAG's labor team and gave
general direction with regards to labor negotiations with SEIU Local 1021.
He also reported that a Public Employee Performance Evaluation was conducted for
the Legal Counsel whose performance was recognized by members. Due to the
economic climate, no salary enhancement was given. Members expressed
appreciation for the employee's consideration by not requesting a salary adjustment.
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13. ADJOURNMENT
Meeting adjourned at approximately 9;32 p.m.
hryL ardner, Secretary-Treasurer
Indicates attachments.
For information on the L&GO Committee, contact Patricia Jones at (510) 464 7933 or
PatJ@abag.co.gov, or Kathleen Cho at (510) 464 7922 or KathleenC@abag.ca.gov.
All ABAG Executive Board meetings are recorded. To arrange for review of these tapes,
please contact Fred Castro, Clerk of the Board, at (510) 464-7913 or
FredC@abag, ca. go v,
ABAG Meeting Schedule 2009
Executive Board Meetings
January 15
March 19
May 21
July 16
September 17
November 19
START TIME
7:00 PM
LOCATION
Joseph P. Bort MetroCenter Auditorium
101 Eighth Street
Oakland, California 94607
Across from the Lake Merritt BART Station
Spring General Assembly
April 23
Palace Hotel
San Francisco
Fall General Assembly
October 22
Westin St. Francis Hotel
San Francisco
6/25/09 Schedule