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Home My WebLink AboutTC Agd Pkt 2009-12-02TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Town Council December 2, 2009 Regular Meeting - 7:30 p.m. Closed Session - 6:00 p.m. TIBURON TOWN COUNCIL CLOSED SESSION-- (6:00 p.m.) PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Section 54957) Title: Town Manager Title: Town. Attorney CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Gram, Councilmember Slavitz, Vice Mayor Berger, Mayor Fredericks CLOSED SESSION ANNOUNCEMENT ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes -Adopt minutes of November. 4, 2009 Minutes (Town Clerk Crane Iacopi) 2. Town Investment Summary - Accept October 2009 Report (Director of Administrative Services Bigall) 3, Annual Appointments List - Adopt Annual List of Town Appointments pursuant to State Law (Town Clerk Crane Iacopi) 4. 1655 Mar West Street /175 Esperanza Street - Adopt Resolution approving a Parcel Map and taking related actions for the subdivision into two lots of a 0.51 -acre parcel; Diane Ho, owner and applicant; Assessor Parcel No. 059 - 051 -18; Town File #60402 (Director of Community Development Anderson) - continued front November 18, 2009 5. Town Council Election - Adopt resolution certifying results of November 3, 2009 Municipal Election (Town Clerk Crane Iacopi) ACTION ITEMS - REORGANIZATION OF TOWN COUNCIL 1. Recognition of Outgoing Council members Miles Berger and Tom Gram - Mayor Fredericks and the Council will bid farewell to Council members Berger and Gram. 2. Oath of Office - The Town Clerk will administer the oath of office to newly- elected Council members Jim Fraser and Emmett O'Donnell and re- elected incumbent Alice Fredericks. 3. Seating of the new Council - Council members Fraser and O'Donnell will take their seats at the Dais. 4. Election of Mayor - Outgoing Mayor Fredericks will receive nominations for the Office of Mayor and conduct the election. 5. Election of Vice Mayor - The Mayor -elect will take the Chair and conduct the election of Vice Mayor. 6. Town Council Comments - The Council may share any additional comments at this time. TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT Cancellation of December 16, 2009 regular. meeting Special Town Council meeting on Marin Clean Energy on December 7, 2009 at 6:30 p.m. WEEKLY DIGESTS ® Town Council Weekly Digest -November 20, 2009 ® Town Council Weekly Digest -November 27, 2009 ADJOURNMENT (Please note: Town Hull is closed from December 24, 2009 through Jamary 1, 2010) GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 4' )5- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing at the public counter located at Tiburon Town Hall, 1505 Tiburon Boulevard, and at the Belvedere- Tiburon Library located adjacent to Town Hall (1501 Tiburon Boulevard) during normal business hours prior to the Council meeting. In addition, agendas, minutes and staff reports are posted on the Town's website, www.ci.tiburon.ca.us. Any documents produced by the Town and distributed to a majority of the Town Council 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 Council meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard, Tiburon CA 94920. Closed session and privileged documents are not subject to these requirements. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability- related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. cr___ / TOWN COUNCIL MINUTES CALL TO ORDER Mayor Frederiks=called the regu meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, November 4, 2009, Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, Calif6tnia. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: ORAL COMMUNICATIONS Berger, Collins, Fredericks, Gram, Slavitz Town Manager Curran, Director of Community Development Anderson, Director of Administrative Services Bigall, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Crane Iacopi Vice Mayor Berger congratulated Alice Fredericks, Jim Fraser and Emmett O'Donnell, on their successful Council race. He commended all the candidates for conducting campaigns which were dignified and allowed for airing of the issues. Councilmember Gram seconded his remarks. Laurie Green, 40-year resident, spoke against the proposed use of "surveillance" cameras along Tiburon Boulevard. She said that while these kinds of cameras were appropriate in airports, shopping malls, and toll booths, they seemed out of place in a small, upscale community. She said she understood the need for greater security since "9/11" but said that most of the crimes committed here were thefts from automobiles, rather than more serious crimes. Ms. Green said that the cost of the cameras should be weighed against the following issues: • Invasion of privacy • Potential for abuse (of privacy) • The feeling they would impart that this is an "elite" community • Creating a chilling negative effect on local merchants • Persons committing crimes driving stolen vehicles (to avoid identification) • Costs that far exceed the written estimates for maintenance, training of personnel and monitoring of the equipment • The soundness of making such expenditures during a time of economic downturn. Town Council Minutes #xx -2009 November 4, 2009 Page I Ms. Green said that these social and fiscal aspects should be considered when the Council hears the item on November 18, a meeting she said she would be unable to attend. Al Anolik, Round Hill Road, disagreed. He said that in his job as a security consultant to the travel industry, he advised clients that the best protection is sophisticated surveillance. Mr. Anolik said that the equipment specified for the proposed use along Tiburon Boulevard did not violate the First, Fourth, or Fifth Amendments, in his opinion as a civil rights attorney. He added that as a concerned resident, he had to ask himself if things would have been different if these cameras had been in place prior to the recent murder in Tiburon. He urged the Council to help protect its citizens by endorsing the cameras and giving the police "the additional help we need" with the installation of security cameras on Tiburon Boulevard. PRESENTATIONS 1. Marin Commission on Aging (Allan Bortel) Mr. Bortel also added his congratulations to the newly elected members of the Council. He thanked the Council for allowing him to continue to serve as the Tiburon representative to the Marin Commission on Aging. Mr. Bortel, Chair of the Commission on Aging, brought the Council up to date on its programs and services for the people of Marin Council, whom he said were comprised of 1 out of 4 residents over the age of 60. Mr. Bortel said that this number was expected to increase to 1 out of 3 by the year 2030. He said in Tiburon alone, the statistic would reach 60% by next year. At the conclusion of his report, Mr. Bortel directed the Council and the public to various publications and websites containing information on aging. 2. BERST - the Marin Green Building Energy Retrofit and Solar Transformation Collaborative (John Kunzweiler) Mr. Kunzweiler added his voice of congratulations to Mayor Fredericks for her "landslide victory," and congratulated his colleagues, Fraser and O'Donnell, upon their election. Planning Commissioner Kunzweiler said that he had been appointed to represent the Town on the BERST task force whose mission was to study energy efficiency and water conservation. He said the group was trying to coordinate best practices between the different agencies and municipalities that were all engaged in solving the significant challenges posed by AB 32, primarily, the reduction of green house gas emissions by 25% by the year 2020. Town Council Minutes #xx -2009 November 4, 2009 Page 2 In his power point presentation, Mr. Kunzweiler analyzed various programs and regulations studied by BERST: • AB 811 programs (he said the loans for energy efficient installations were not yet available in Tiburon) • Title 24 energy efficiency standards (he said in 2010 they would be even more strict) • CEQA (he said there was talk of making Climate Action Plans part of the General Plan) • Climate Action Plans (he said they had been the driving force behind the introduction of new Green Building standards in Tiburon and other Marin cities). Mr. Kunzweiler said BERST was comprised of 20 people, not all of them bureaucrats, some of whom were practitioners in the construction and related trades. He said they were working on checklists and standards with the goal of consistent implementation of new regulations across Marin. He said the group's goal was to continue its collaboration and review and update the checklists annually. He said the group also sought feedback from the Council and the public so that the recommendations would make economic sense. He said the next step was to create a model ordinance and move the regulations out of the zoning ordinances and into the building codes. He said that the group would seek local endorsement and adoption, and they would also submit their recommendations to the California Energy Commission for approval. During his discussion of "Green Point" systems, Mr. Kunzweiler said that BERST recommended 75 up to 200 points for new construction, including additions and remodels, while Tiburon's ordinance called for 60 points. Vice Mayor Berger asked how the recommendations would dovetail with existing LEED programs. Kunzweiler said that AB 811 was not program specific. The Vice Mayor cautioned against the growth of a "Green Industrial Complex" that might itself become a self-sustaining bureaucracy. However, he said that it sounded like the BERST group was doing a good job of keeping its recommendations in scale with the size of projects. Kunzweiler added that the Marin Builder's Exchange was working with the group, and that the recommendations would undergo a technical audit by two groups. He added, however, that the "clock was ticking" on AB 32 implementation. Berger said that Green Points are ahead of the industry curve; he setting targets that would allow people to easily achieve the first goals, and to "go light, not heavy." Mayor Fredericks agreed. She said that Green Point remodels would improve the overall efficiency of a structure but she suggested that the task force "not take too big a bite" in setting its targets. Town Council Minutes #x- -2009 November 4, 2009 Page 3 Kunzweiler said that local jurisdictions should review the proposed point systems in light of community standards, but noted that standardization was key. Councilmember Collins raised the issue of greater Green Point targets for larger homes. Kunzweiler said that there was a belief that large houses are larger consumers of energy and should be held to a higher target. Mayor Fredericks asked if this was based on per capita usage or square footage. Vice Mayor Berger commented that it was more difficult to bring the numbers down on bigger homes. Mayor Fredericks asked for public comment. David Barker said that all the economic studies he had seen suggested that the cheapest way to meeting greenhouse gas emission reductions were through conservation measures. He said that it was a "hell of a lot" cheaper than installing wind, solar, or other forms of energy transmission. Vice Mayor Berger commented that both would be needed in order to meet the 25% reduction goal by 2020. Mayor Fredericks closed the public comment discussion and thanked Mr. Kunzweiler, on behalf of the Council, for his report. CONSENT CALENDAR 1. Steps, Lanes & Paths (NTPP) and Safe Routes to School (Del Mar School) Projects - Authorize awards of contract for projects (Director of Public Works/Town Engineer Nguyen) MOTION: To adopt Consent Calendar No. 1, as written. Moved: Collins, seconded by Berger Vote: AYES: Unanimous PUBLIC HEARING 1. Amendment to Agins Precise Plan (193 Gilmartin Drive) - Consider approval of precise plan amendment to create a new 2,200 square foot secondary envelope along the eastern side of the property in exchange for an equal amount of primary building envelope area from the northern side of the property - (Community Development Department/ Associate Planner Tyler) Town Council Minutes #xx -2009 November 4, 2009 Page 4 Applicants: Jeffrey and Lori Runnfeldt Address: 193 Gilmartin Drive Assessor Parcel No. 039-161-29 Director Anderson gave the report. He said that the application consisted of a "swap" of locations within the building envelope and that the Planning Commission had approved the requested amendment, stating that it made sense and was a better location to place the pool on the property. Anderson said that there were no material impacts on adjacent open space. Vice Mayor Berger asked if approving the building envelope amendment would result in tacit approval of the subsequent design for the area. Anderson said no, that the improvements would require design review approval and the only issue before the Council was that of envelope location. Mayor Fredericks opened the public hearing. She asked the applicants' or their representatives if they wished to speak. They declined. There was no other public comment. Mayor Fredericks closed the public hearing. MOTION: To adopt resolution amending the Precise Plan. Moved: Berger, seconded by Collins Vote: AYES: Unanimous ACTION ITEMS 1. Lyford Drive Parking Area - Consideration of project and direction to staff regarding design (Director of Public Works/Town Engineer Nguyen) Director Nguyen gave the report. He said that in 1997, an effort between Cal/Trans and the Town to improve the Lyford Drive parking area had failed because consensus could not be reached on the scope of the plan, to pave both sides of the road in that location. The Director said the area would benefit from thorough and thoughtful development and noted that the current plans for consideration by the Council contemplated developing the southeast corner only. Director Nguyen presented three design concepts in his report, with costs that ranged from $11,000 per parking space to the "gold standard" of $26,000 per space. The latter plan would allow room for a bus shelter and information kiosk, according to Nguyen. The Director said that staff had met with the Public Works subcommittee to discuss the proposed plans. After review of the three plans, the committee recommended a modified version of Plan Town Council Minutes #xx -2009 November 4, 2009 Page 5 No.2, but with a widened sidewalk area which would allow the sequential installation of certain design features. Nguyen said that this plan would cost $800,000, or $13,800 per parking space. The Director said that $370,000 had been placed in the current year budget for the project, and he anticipated receipt of $314,000 in money from a Clean Air grant. Nguyen added that any shortfalls would be made up in next year's budget. Nguyen recommended that the Council review the design options and give staff direction as to its preferred concept. Town Manager Curran said that there had also been some discussion with the City of Belvedere about a cost-sharing arrangement. Mayor Fredericks noted that the Transportation Authority of Marin (TAM) had approved a study of transit corridors in Southern Marin; she said the study suggested improvements, such as a bus stop and shelter across the street, which were contemplated by the "gold standard" option. She asked the Director is the Town would need TAM approval to move forward with the planning phase of this project. Director Nguyen said that he had already met with members of TAM, who said that the plans for the Lyford Drive parking area could be integrated into the master plan referenced by Mayor Fredericks. He said that the Town would not be precluded from receiving any TAM funding if it moved forward with the project at this time. Nguyen added, however, that in order to receive grant funding, the project would have to meet "multi-modal" requirements and be pedestrian friendly. Councilmember Gram asked whether Option No. 2 met the criteria. Nguyen said that it did not. Gram asked for clarification of what the project would cost, minus the grant funding. He said it appeared to him that it would cost the Town $665,000 out of pocket, unless the Town enhanced the project with a bike rack and other features, in the amount of $135,000. Town Manager Curran said that the drawings had been developed prior to the Town knowing that it was eligible for grant funding. Councilmember Collins said that he preferred Option No. 2 because it could be built for a certain price initially, and could be expanded in the future. Vice Mayor Berger said that Option No. 2 was good due to the greater number of parking spaces but he said the project was also important because it beautified the Town. He said the area now was unsafe, inefficient, and an eyesore. He said that it would also allow the Town to pave the area across the street at its own pace. Berger said that he had seen photographs of the old Hilarita train stop in that location (across the street). He said that he would be willing to design, pro bono, a bus shelter to match that historic design. Town Council Minutes #xx -2009 November 4, 2009 Page 6 Councilmember Slavitz asked the Chief of Police how the design would enhance the safety of cars trying to exit the parking lot in that location. Chief of Police Cronin said that the sight lines in the design appeared to be long enough, but that the design specifications were actually up to Cal/Trans and the Town Engineer to determine. Town Manager Curran said that staff had talked with Cal/Trans about this issue. She said that the proposed designs would allow safer turning movements that the ones used now by people parking in the area. Mayor Fredericks opened the public hearing. There was no public comment. Mayor Fredericks closed the public hearing. Councilmember Gram said the revised ion No. 2 appeared to be the best financial deal for the Town, with qualified grant funding, and was aesthetically preferable. Councilmember Slavitz concurred, adding that the idea of the bus shelter across the street sounded great. Councilmember Collins asked whether Option No. 3 would require building a retaining wall. Director Nguyen said yes, but that Option No. 2 would also require a retaining wall, just not as large. He said that it was a good idea to keep the design of the retaining wall in the plans if the Town wanted to tie into the road or the Lyford Drive intersection in the future. Mayor Fredericks asked if the Council's approval was still subject to final negotiations with Cal/Trans. Town Manager Curran said that staff contemplated completion of a design, with Council's direction, go to bid, and work with Cal/Trans to achieve the necessary approvals. Councilmember Gram asked what kind of contract was contemplated by staff. Director Nguyen said that staff would send out an RFP to bid on the design. Mayor Fredericks said that the Town should safeguard its investment in the process. Nguyen said that all the planning, bidding and negotiating would be done concurrently. Vice Mayor Berger said that staff should seek a substantial contribution from the City of Belvedere, whose contractors regularly used the lot for parking. MOTION Moved: Vote: To move forward with modified Option No. 2, as described in the staff report. Slavitz, seconded by Berger AYES: Unanimous Town Council Minutes #xx -2009 November 4, 2009 Page 7 TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran said that the Marin Energy Authority would vote on the proposed ESP contract at its meeting on November 5. She said that a series of public workshops were being scheduled, one on December 1 in Mill Valley for Southern Marin, and that the matter would come before Council again on January 20, 2010. At this meeting, the Council would make its final decision to stay in the MEA, or opt out. Vice Mayor Berger asked if the independent analyst would give a presentation on the contract. Town Manager Curran said that MEA was working now on the details and that a written report should be available on December 1. She said the consultant would attend the January meeting of the council, as well. Councilmember Collins said that it would be a good idea for the new members of the Council to hear the presentations about Marin Clean Energy more than once, as it was a very complex issue. WEEKLY DIGESTS • Town Council Weekly Digest - October 15 & October 23, 2009 • Town Council Weekly Digest -October 30, 2009 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 9:10 p.m. ALICE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #xx -2009 November 4, 2009 Page 8 To: From: Subject: Reviewed By: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Administrative Services Department Investment Summary - October 2009 Town Council Meeting December 2, 2009 Agenda Item: CC- BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended October 31, 2009. ANALYSIS Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $1399459094.42 0.646% Liquid Investment Fund (LAIF) CDARS (Bank $ 2,5129425.83 0.60% Nov. 27, 2009 of Marin CDARS (Bank $ 2,0099396.92 0.75% April 8, 2010 of Marin Town of Fairfax $ 500,000.00 4.00% Dec. 22, 2009 Money Market $ 2509000.00 1.10% Liquid Bank of Marin Total `•s, •`„s s.:, . n; ` s`r; . $19 216 917.17 Redevelopment Agency Local Agency $9889410.37 0.646% Liquid Investment Fund (LAIF) FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the October 2009 investment summary Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting December 2, 2009 Agenda Item: z~ --c \ J Adoption of Annual Town Council Appointments List Pursuant to Town Council Appointments Procedure (Resolution No. 16-2007) and State Law (Government Code Section 54972), the Town Council must adopt and publish a list of local appointments it has made to boards and commissions during the calendar year, prior to December 31 of each year. The list is then posted at the Town Hall and the Belvedere-Tiburon Library for public review. A list of appointments made by the Town Council for the period January through December 2009 is attached for Council's adoption. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt annual Local Appointments List for January through December 2009. EXHIBITS • Local Appointments List (January - December 2009) Prepared by: Diane Crane lacopi, Town Clerk TOWN OF TIBURON - LOCAL APPOINTMENTS LIST January through December 2009 (Pursuant to Govt. Code Section 54972) Commission Incumbent Date Term Qualifications Appointed Expires PLANNING Tiburon COMMISSION Resident John February 2004; February 2013 Kunzweiler March 2005; reappointed March 2009 Jim Fraser February 2004; February 2010 February 2006 - elected to Town Council 11/09 Emmett March 2006; February 2011 O'Donnell March 2007 - elected to Town Council 11/09 Cathy March 2008 February 2012 Frymier John June 2008 February 2010 Corcoran DESIGN REVIEW Resident of BOARD Tiburon Peninsula Frank Doyle September February 2013 2005; reappointed March 2009 Bryan Chong March 2008 February 2012 Michael June 2008 February 2012 Tollini To be adopted in December2009 Grover September February 2011 Wilson, III 2008 John March 2009 February 2011 Kricensky PARKS, OPEN SPACE 5 Members; 1 & TRAILS can be from (formed pursuant to Town Belvedere or Council Resolution No. Tiburon 22-2008) Peninsula Ralph June 2008 February 2010 Leighton Michael June 2008 February 2010 McMullen Peter Winkler June 2008 February 2011 Jill Sperber June 2008 February 2012 Phillip June 2008 February 2012 Feldman (Belvedere) HERITAGE & ARTS Resident of COMMISSION Tiburon Peninsula; up to two can be residents of Belvedere Peggy August 2001; February 2010 Bremer February 2002; Feb. 2006 Dave Gotz May 2001; February 2010 February 2002; February 2006 Ida Mae Berg March 2008 February 2010 Anne Thull May 2006 February 2013 Marlene Rice March 2007 February 2011 To be adopted in December2009 Elizabeth April 2005; February 2011 Schmidt February 2007 Patricia October 2002; February 2012 Navonne February 2004; March 2008 Victoria Commissioner Arnett Emeritus (9/02) JOINT RECREATION Jerry Riessen October 1992; February 2011 3 Tiburon COMMITTEE February 1999; [By-laws state Residents (Belvedere/Tiburon joint February 2003; 2-year terms (Belvedere & powers agreement) February 2007 but Riessen RUSD make was appointed separate to another 4- appointments) year term per Town appt. policy] Erin Tollini October 2008 February 2010; eligible for automatic reappointment Jane Jacobs November February 2011 2008 Merrill Boyce 2007 May 2009 (RUSD) Tom Gram (TC liaison) DISASTER ADVISORY No set term Tiburon COUNCIL limit Resident; Belvedere & RUSD make separate appointments Ellen Rony February 2003 Jim Sherman (Paradise Cay) To be adopted in December2009 Vacant - (Tiburon Appointment) Alice Fredericks (TC liaison) BELVEDERE/TIBURON Tiburon Resident; LIBRARY BOARD OF Belvedere TRUSTEES makes separate appointments/ RUSD appt. is ratified by both Councils Mary Falk May 2004; June 2011 March 2005; reappointed June 2008 Lois Epstein May 2006; June 2012 reappointed June 2009 Beverlee June 2007 June 2010 Johnson Heather June 2006; June 2010 Lobdell reapptd. 2008 (RUSD) MARIN COMMISSION Allan Bortel April 2002; June 2011 Tiburon ON AGING June 2002; resident (over June 2005; age 60) June 2008 (3-year term) No longer a required appointment but Mr. Bortel has offered to continue to To be adopted in December2009 serve and was reappointed by the Council HILARITA-TIBURON Carolyn Grey October 2009 No set limit Resident and REPRESENTATIVE (Tiburon interest in appointment affordable to Board of housing Directors) issues and knowledge of Town's policies on affordable housing TOWN HISTORIAN Branwell August 1999 No set term Resident Fanning limit TOWN TREASURER William January 1998 No set term Resident - Osher limit Financial Background TOWN ARTIST Mary Musalo August 2008 August 2012 See H&A LAUREATE guidelines... MOSQUITO Col. Roger 1994; January Law no longer Resident 1999 (term requires ABATEMENT BOARD Smith expired in appointed 12/98); representative; January 2003 Col. Smith (term expired has offered to 12/02); continue to Dec. 2006 serve. See Also: TOWN COUNCIL COMMITTEE APPOINTMENTS LIST To be adopted in December2009 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting December 2, 2009 Agenda Item: CC, `7 1655 Mar West Street/175 Esperanza Street: Approval of a Two-Lot Subdivision Parcel Map; Diane Ho, Owner and Applicant; Assessor Parcel No. 059-051-18; File #60402 This item was pulled from the November 18, 2009 Town Council agenda after a member of the public posed some questions about the project relating to a typo in the legal description contained within the Declaration of Restrictions and concerning improvements within the public access easement located on the parcel. ANALYSIS The Typo There is indeed a typo in the Declaration of Restrictions for the project, wherein Mar East Street is substituted for Mar West Street in one instance. The error originates in the title report for the parcel, which the attorney who drafted the Declaration faithfully repeated when drafting the Declaration of Restrictions. Staff has corrected the typo in the Declaration and alerted the title company of its error. The Path Improvements The Town has held a public access easement over a 20 foot strip of Ms. Ho's. parcel since 1988, when she deeded it to the Town. The existing pathway is an unimproved dirt trail subject to the vagaries of weather. In wet times the path become muddy and slippery; in dry times, steeper parts of the pathway sometimes become slippery due to the presence of leaf litter on the bare dirt surface that provides no footing traction. As soon as this application was filed, staff identified improvement of this path with an all-weather surface as a desired public improvement. During its approval of the Tentative Map in 2005, the Planning Commission reviewed preliminary improvement drawings for the pathway, made several suggestions, and required that the final path improvement design be subject to its "review and comment" at a later meeting. The Commission held its "review and comment" session on October 10, 2007 (see staff report and minutes for that meeting attached as Exhibit A). E The Commission discussed issues of drainage, the adjacent wildflower preserve, fencing, potential encroachment into the path, and maintaining a largely natural appearance despite the desired drainage and surface improvements. The Commission expressed satisfaction with the drawings. No fencing will be allowed in the easement and the wildflower preserve will not be affected by the path work, which will be contained entirely within the subject property. Ministerial Action Approval of parcel maps is a ministerial (non-discretionary) action under state law. Either a map is technically correct and complies with the conditions of approval on the tentative map, in which case it must be approved, or it fails to do so, in which case it should be denied. Staff is unaware of any evidence that the map is technically incorrect or fails to comply with the tentative map conditions of approval. RECOMMENDATION Staff recommends that the Town Council adopt this Consent Calendar item. Doing so would: 1. Adopt the Resolution approving the Parcel Map. 2. Authorize the Town Manager to execute and record the Subdivision Improvement Agreement for the path improvements. 3. Authorize staff to record the Declaration of Covenants and Restrictions for the Subdivision. 4. Authorize staff to record the Parcel Map. Exhibits: A. Staff Report and Minutes from October 10, 2007 Planning Commission meeting. B. Materials from November 18, 2009 Town Council meeting. Prepared By: Scott Anderson, Director of Community Development )k--- S: Wministration I Town CouncillStaffReportsl2009lDecember 2 DraftslHo Parcel Map report draft.doc To: From: Members of the Planning Commission Community Development Department Planning Commission Meeting October 10, 2007 Agenda Item: Subject: 1655 Mar West Street: Review of Public Pathway Improvements Required by Condition of Approval on a Tentative Subdivision Map; File #60402; Diane Ho, owner and applicant; Assessor Parcel No. 059-051-18 PROJECT DATA Address: 1655 Mar West Street Assessor's Parcel Number: 059-051-18 File Number: 60402 General Plan: H (High Density Residential)-Up to 11.6 du/acre Zoning: R-2 (Two-Family Residential) Property Size: 22,090 square feet Current Use: Single family Residential Owner: Diane Ho Designer: Mark Groody Date Complete: Not applicable Permit Streamlining Act Deadline: Not applicable BACKGROUND On March 23, 2005, the Planning Commission conditionally approved a Tentative Subdivision Map application to split the subject property into two lots that would be deed restricted to a single family residence on each parcel. One condition on the map approval required that the Planning Commission "review and comment" on the design of proposed enhancements to the existing public pathway that connects Mar West Street to Esperanza Street across the subject property. The pertinent condition of approval is attached as Exhibit 1. Minutes from the Planning Commission meeting of March 23, 2005 are attached as Exhibit 2. PROJECT DESCRIPTION The existing pathway is an unimproved dirt trail subject to the vagaries of weather. In wet times the path become muddy and slippery; in dry times, steeper parts of the pathway sometimes become slippery due to the presence of leaf litter on the bare dirt surface that provides no footing TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 traction. EXHIBIT NO. The proposed pathway improvements (Exhibit 3) call for a five (5) foot wide crushed gravel or drain rock surface that would be applied to the intended walking surface. The adjacent unimproved drainage swale, which often overflows and washes out the existing path during heavy storms, would be lightly improved to prevent such occurrences in the future. New path signage would be installed at both ends of the path. No fencing would be allowed within the 20- foor wide easement, although open-wire fencing would be allowed along the easement boundary to prevent trespass onto the private property. ANALYSIS The Town Engineer and Community Development Director have worked with the improvement plan designer to create an all-weather path that should be fully usable year-round, clearly delineates the path area, and discourages trespass onto the adjacent private property. Staff supports the design of the pathway improvements. In addition, the pathway improvements are consistent with goals and policies of the General Plan regarding paths and neighborhood connectivity, and are consistent with provisions of the Tiburon Municipal Code. Staff finds the improvement plans for the pathway area are also consistent with the Tentative Subdivision Map approval from 2005. ENVIRONMENTAL STATUS A mitigated negative declaration was adopted for the subdivision project. The path improvements were identified as part of the subdivision project and are well within the scope of the previously-conducted environmental analysis. Therefore, no additional environmental review is required at this time. All adopted mitigation measures for the project apply. RECOMMENDATION Staff recommends that the Planning Commission review and make any comments on the proposed path improvement design drawings. EXHIBITS 1. Condition No. 8 (f) from Planning Commission Resolution No. 2005-03. 2. Minutes of Planning Commission meeting of March 23, 2005. 3. Preliminary Subdivision Improvement Drawings of Proposed Pathway. Prepared by: Scott Anderson, Director of Community Developmen S:\PlanningTianning Commission\Staff Reports\2007\1655 mar west street path improvements.report.doc 1 6. Project shall maintain a minimum 4% slope away from the building, extending a minimum of 5 feet. 7. A drainage easement shall be shown on the Parcel Map to accept stormwater improvements (drain line or ditch) from the upper lot across the lower lot. 8. Prior to approval of the Parcel Map, project sponsor shall submit appropriate subdivision improvement drawings for review and approval by the Town Engineer, Director of Community Development, and other agencies. In addition to the usual contents, the subdivision improvement drawings shall include, but not be limited to the following: a. Cut/fill and details for modifying the existing catch basin. b. The "berm" shown on section drawings is really 1-2 feet of fill and needs to be engineered and its. limits shown on the Preliminary Grading Plan sheet. c. A detailed construction staging area/construction parking/materials storage/debris box/portable restroom/protective fencing plan for the subdivision improvement installation and house construction phase of the project. d. Appropriate monumentation of lot corners. e. Drawings shall depict the manner of conveying stormwater runoff from the upper lot to the drainage swale along the northern property edge in such a fashion as not to impede bicycle and/or pedestrian access. This may entail a subsurface closed conduit. - f. Proposed enhancements to the public pathway and drainage ditch located within the 20-foot wide easement area on the Tentative Map are illustrative only and are not approved herein. Final proposed improvements within the easement area shall be shown in detail on the subdivision improvement drawings following consultation with Town Staff: Said proposed improvements shall be to the satisfaction of, and shall be reviewed and approved by, the Town Engineer and the Director of Community Development, following a review and comment session before the Planning Commission. The Town reserves the right to select the finalized location of the public pathway, and the nature and details of any proposed improvements within the easement area. An encroachment permit for any work or improvements to be performed or installed within the easement area by the project sponsor shall be obtained prior to commencement of work. The encroachment permit shall assign maintenance responsibilities within the easement. Affected Agencies 9. All requirements of the Tiburon Fire Protection District shall be met prior to approval of the Parcel Map. Applicant shall provide a letter from the Fire District to TIBURON PLANNING COMMISSION RESOLUTION 2005-03 MARCH 23, 2005 3 EXHIBIT NO. Page 6, paragraph 3, line 2: Change to there are not many places like this for children to use in Tiburon". Page 6, paragraph 6: Change to "Chair Collins said that it is unfortunate that the lights and sound bother neighbors, but this hearing is about compliance issues. He said that the conditions of approval of the use permit have been satisfied. He said that he could not see how the conditions can be modified at this review. He suggested that perhaps Mr. Bendinelli can have his own sound study completed. He finds that St. Hilary is in substantial compliance with the use permit. He said that if the use is to be expanded, the issue will have to be evaluated again". M/S Kunzweiler/Snow (5-0) to approve the minutes as amended. PUBLIC HEARINGS 1. 1655 MAR WEST STREET: APPLICATION FOR A TENTATIVE SUBDIVISION MAP PROPOSING THE DIVISION OF A 229000 SQUARE FOOT PARCEL INTO TWO LOTS; Diane Ho, owner and applicant; Assessor's Parcel No. 059-051-18. Commissioner Fraser recused himself from participation on this item as his residence is within 500 feet of the subject property. He then left the building. Assistant Planner Krasnove reviewed the Staff Report. She noted that the public access easement containing a footpath running from Mar West Street to Esperanza Street would remain and that the applicant has proposed to enhance the path and make it less susceptible to erosion as part of the planned improvements. Commissioner Kunzweiler asked about the square footage of proposed Lot #1 and about the size of the existing house. Assistant Planner Krasnove replied that the proposed Lot #1 is 8,005 square foot and that the existing house is approximately 2,132 square feet, not including the garage and basement. She said that remodeling plans do not propose to add any additional square footage to this house. Chair Collins referenced the Staff Report analysis and noted that parking for 4 cars is not proposed as a condition. Community Development Director said that it is not a standard requirement in that zone but that it could be added as a condition. Assistant Planner Krasnove informed the Commission that there is not a specific restriction on square footage for the proposed single family home on Lot #2 and that square footage for this home was not specified in the resolution because the applicant has not submitted a specific design with the exact square footage for the house. She said that a "not to exceed" condition can be added. The public comment period was opened. EXHIBIT NO.A- TIBURON PLANNING COMMISSION MINUTES OF MARCH 23, 2005 MINUTES # 912 Page 2 Mark Groody, project draftsman and representative for property owner, provided an overview of the project. He noted that some members of the community expressed doubts about the ownership of the land on which the footpath is located, but confirmed that the land is owned by Ms. Ho. He said she granted an easement to the Town for pedestrian purposes years ago. He said that improvements will be made to the path as well as the adjacent drainage ditch. Mr. Groody explained to the Commission that the proposed lot layout shows the pathway entirely within the upper lot, while the alternative lot layout recommended by staff shows the pathway crossing both lots. He believed that the impact of the project to the surrounding community would be minimal. Commissioner Hermann asked if the alternate lot layout would change the square footage of the house on the second lot. Mr. Groody replied that the building envelope, egress, and ingress would remain the same. Mr. Groody informed the Commission that all surface drainage that occurs from Esperanza Street needs to be diverted from crossing the path and directed into a drainage swale. He said that a rubble-lined v-ditch has been proposed by the project civil engineer, but that visually superior alternatives were possible. Mr. Groody explained that to get the water around the first house, it would need to be piped. He said that the project civil engineer would provide more specific drawings for how that water will be diverted, but that it will most likely be diverted under the path and eventually to a catch basin. He said that the subdivision improvement drawings will have a specific and finite plan as to how drainage will be dealt with. Chair Collins noted that Mr. Groody said that not much would have to be done to the existing building to have it fit on the lot. Mr. Groody replied that if the alternate plan is adopted, the sun room and some of the porches would not have to be removed. Mr. Groody stated that the garage will be a 2-car garage and that the plan allows for additional parking that is not within required setbacks. Chair Collins asked if the applicant would be willing to provide 2 off-street parking spaces in addition to the garage. Mr. Groody replied that that the applicant would do so. Mr. Groody confirmed for the Commission that there is a 20-foot wide easement and the plan proposes a 12-foot driveway. Mr. Groody stated that the footpath is worn into the grass and is not clearly defined at present and that the applicant intends to make it a 4-foot wide delineated path from top to bottom. Helen Lindqvist, Tiburon resident and representative for four properties in addition to her own, said that she is very knowledgeable about the subject property. She said that the alternate lot split design recommended by Staff seems the most logical and that her big interest is in preserving the wildflowers and doing something about the existing drainage problems. Ms. Lindqvist said that the water that comes from the Moitoza Subdivision and Cazadero Lane goes into an inlet, then under Esperanza Street, and discharges into TIBURON PLANNING COMMISSION MINUTES OF MARCH 23, 2005 MINUTES # 912 Page 3 the wildflower preserve property, resulting in erosion and boggy conditions. She also said that there are springs near the St. Hilary's property that contribute to the run-off. On behalf of her homeowner's association, she said that she would not like to see a rip-rap ditch as proposed by the civil engineer. She spoke about other drainage conditions in the area adjacent to the project and recommended that all concerned entities work together to find a solution to the inefficient drainage in the area. She said that the path on Ms. Ho's property was used in the 1970's as a walking path and that the Town took action to secure an easement over the path after a serious bicycle accident occurred in the area. In response to a question by Chair Collins, Ms. Lindqvist said that she is interested in ensuring that no invasive or non-native species are planted in the area of the project. Commissioner Hermann posed the question that if there were no non-native plants planted, a reasonable drainage plan, and the alternate lot layout is approved, would the HOA be in favor of the project. Ms. Lindqvist replied that they would. She added that there was also a density issued that concerned the HOA, but that they support the project as proposed with regards to density. She finished by stating that the Landmarks Society's interest in the project is largely due. to the wildflower preserve. Tim Bogan, neighbor of the project, said that he is in favor of the project and that it would not interfere with his enjoyment of the area. Mr. Groody addressed Ms. Lindqvist's concerns regarding drainage by stating that the materials proposed for lining the ditch would make it look inviting and that it would not be an eyesore. He added that water from the wildflower preserve flows onto the applicant's property, but none on the water from the applicant's property flows onto the wildflower preserve. He said that the applicant does not intend to plant anything that will cause problems for the wildflower preserve. There being no further comments, the public hearing was closed. Commissioner Hermann said that he believes that the property owner has done a reasonably good job in addressing the issues raised. He said that he is in favor of the project, but that he does have an issue with how the V-ditch might look. He said that anything that can be done to make it look like part of the natural landscape would be ideal, but that he will leave the overall issue of drainage to be handled by those people that are more qualified to speak to it. Commissioner Snow said that he respects the application and that he is confident that the Town Engineer will handle the issue of drainage appropriately. He said that the lack of adverse community input speaks well of the application. He stated that he supports the alternative lot layout. Commissioner Kunzweiler said that he too supports the alternate layout shown on page 6 of the drawings, and would propose the following amendments to the resolution: TIBURON PLANNING COMMISSION MINUTES OF MARCH 23, 2005 MINUTES # 912 Page 4 1. Specify the square footage of the new house on Lot #2 and state that it is not to exceed 2,200 square feet plus a two-car garage. 2. Specify that two off-street parking places are to be included in addition to the garage. Apron parking is acceptable. 3. Add more specificity to the path and the appearance of the drainage ditch and make a clear, viable plan that is sensible to the colors and ecology of the area. Chair Collins endorsed the comments of his fellow commissioners. He asked that a condition be added stating that there are to be four on-site parking spaces. He asked for a condition stating that there be no clearing of fire protection on the open space preserve. Community Development Director Anderson replied that the applicant would not be allowed to go onto the wildflower preserve to remove vegetation. Chair Collins suggested that a mitigation measure be added stating that the project applicant develop a planting palette that includes only noninvasive plant species and a covenant recorded not to permit planting of any invasive plant species in the future. The Commission agreed. Regarding the easement and footpath, Community Development Anderson noted that Condition F, paragraph 8, requires that final drawing for the drainage ditch and footpath are reviewed by the Planning Commission and Staff. He said that addressing "maintenance" issues will be added to this condition. Chair Collins recommended that the following findings be incorporated into the slope exception granted by the Town Engineer based on the unique characteristics of the property: 1. Access to the existing residence from the public street will remain unchanged. 2. New Lot #2 has sufficient area to provide two additional on-site parking spaces beyond those required by code, which is unusual for Old Tiburon. 3. The parcel is larger than all similarly-zoned lots in the vicinity. 4. Access to new Lot #2 would be direct and level. 5. Slope is not an obstacle to the subdivision. M/S Kunzweiler/Hermann (4-0) to adopt the resolution approving the project as amended. DISCUSSION 2. VACANT LANDS INVENTORY MAP The Staff Report by Advance Planner Bryant regarding the Vacant Land Update was noted, as well as the large-scale vacant lands display map on the wall. TIBURON PLANNING COMMISSION MINUTES OF MARCH 23, 2005 MINUTES # 912 Page 5 MINUTES NO. 953 PLANNING COMMISSION October 10, 2007 Regular Meeting Town of Tiburon Council Chambers 1505 Tiburon Boulevard, Tiburon, California CALL TO ORDER AND ROLL CALL Chair Fraser called the meeting to order at 7:30 P.M. Present: Chairman Aguirre, Vice-Chairman O'Donnell, Commissioners Collins and Kunzweiler Absent: Commissioner Fraser Stiff Present: Community Development Director Anderson ORAL COMMUNICATIONS None COMMISSION AND STAFF BRIEFING .Staff Update - Community Development Director Anderson gave the following report: + Before the meeting adjourns, he requested discussing a date for the Alta Robles field trip; + The Town Council held its first reading of the Library Streamlining Ordinance and is scheduled to hold the second reading and adoption next Wednesday; + There were no current items scheduled to be heard for the October 24, 2007 meeting. Commission Information Items - None PUBLIC HEARING ftwal. 1655 MAR WEST STREET: REVIEW OF PUBLIC PATHWAY IMPROVEMENT S REQUIRED BY CONDITION OF APPROVAL ON A TENTATIVE SUBDIVISION MAP; Diane Ho, Owner and Applicant; Assessor Parcel No. 059-051-18 TIBURON PLANNING COMMISSION MINUTES October 10, 2007 MINUTES # 953 pa..C, i Community Development Director Anderson said about two and a half years ago, the Planning Commission approved the Tentative Subdivision Map for a lot split at 1655 Mar West, which was a double frontage lot that also had frontage on Esperanza Street. As part of the conditions of approval, there was a requirement to improve an existing public pedestrian path that goes across the property. Currently, it is a dirt track and is subject to poor weather conditions. The idea was to improve it not only so that it is more of an all- weather surface but also there was a need to deal with the fact there was going to be another house built in that vicinity and there was a need to keep the public within the easement and off the private property. Anderson stated that he and the Town Engineer have been working with the project designer on the plan and after several iterations; they have brought forward a plan that is acceptable to the staff. The condition asks that the Planning Commission review and comment on the pathway improvements prior to the Parcel Map being deemed complete. The drawings show an all-weather type surface, 5 feet wide of either crushed gravel or crushed rock; fencing could be installed along the line of the easement but not within it. There would be an improved path running the entire length of the pedestrian easement from where it enters the property at the end of Esperanza Street all the way down to where Mar West Street meets the property. There would be some improvements to the drainageway alongside the path, which drainageway currently washes over the trail during heavy storms. There will be public path signage placed at either end of the path, and some very small shrubs placed strategically toward the Esperanza terminus in order to keep people off the driveway that would lead to the garage of the new.residence. Director Anderson requested any comments or feedback from the Commission on the installation and/or design of the improvements. Commissioner Kunzweiler questioned who was responsible for the maintenance of the path and what processes were in place to ensure maintenance is active. Director Anderson said the Town is responsible for the maintenance of the path and the Public Works staff has been responsible performing some minor improvements and weeding the area, and the Town will continue to be responsible for it. Commissioner Collins asked to be shown where the three foot high sections of the fence start and end. Director Anderson requested that Mark Groody, project designer, point these out on the display drawings on the wall. Anderson explained that what is shown on the plans is the possibility of placing fencing outside the easement that appears to be open-wire type fencing and not solid fencing. Mr. Groody pointed out where 3 and 6 foot sections of the fence were shown on the drawings, and described the drainage and sewer line improvements related to the building. TIBURON PLANNING COMMISSION MINUTES October 10, 2007 MINUTES # 953 Page 2 Commissioner Collins asked if the improved drainage ditch would work in concert with other nearby improvements, and the applicant described the erosion trough and stated that some ground cobble would be embed into the side of it, which would allow for proper drainage. There were no public comments. Commissioner Kunzweiler voiced his support, felt maintenance of the pathway was well covered, ensured the wildflower area on the hill would be preserved and he felt the project was appropriate. Vice Chair O'Donnell agreed, hoped the improvements to the ditch are made as natural as possible and also maintain the character of the area and pathway. Commissioner Collins supported the project and had no specific comments. Chair Aguirre said the project seems like an appropriate and non-invasive approach to the improvements, and supported it. ACTION: It was M/S (Kunzweiler/Collins) for staff to take Commission comments into consideration. Vote: 4-0-1 (Fraser absent). MINUTES 2. PLANNING COMMISSION MINUTES - Regular Meeting of September 12, 2007 Commissioner Kunzweiler referred to minor changes in the minutes as follows: Page 3, paragraph 6, line 5, delete the word "total" before confidence. ACTION: It was MIS (Collins/O'Donnell) to approve the Planning Commission Minutes of September 12, 2007, as amended. Vote: 4-0-1. Regarding the Alta Robles Field Trip, Director Anderson said the applicant is still trying to work on pulling it altogether. It is about an $80,0004100,000 job to get the story poles erected and it takes a long time. There is a lot of survey and placement work involved and they may not be ready before the end of the month. The field trip would also be publicly noticed and members of the community may also be present, so there are some liability issues to be addressed. He said Staff intends to notice the field trip, with a back-up cancellation date established in the case of rain. The Commission discussed dates and suggested November 14, 2007, at 2:30 in the afternoon, as the Planning Commission's TIBURON PLANNING COMMISSION MINUTES October 10, 2007 MINUTES # 953 Page 3 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting November 18, 2009 Agenda Item: C C Subject: 1655 Mar West Street/175 Esperanza Street: Approval of a Two-Lot Subdivision Parcel Map; Diane Ho, Owner and Applicant; Assessor Parcel No. 059-051-18; File #60402 Reviewed By: BACKGROUND The Town has received a parcel map application from Diane Ho that would subdivide a .51-acre parcel into two separate lots with different street frontages located at 1655 Mar West Street and 175 Esperanza Street. Parcel A would have an area of 10,085 square feet and Parcel B would have an area of 12,005 square feet. An existing single-family dwelling exists on proposed Parcel A, while proposed Parcel B is vacant. The property is located within the Lyford Cove/Old Tiburon Subdivision (Lyford's Hygeia), dating from 1894. The Planning Commission approved the Tentative Subdivision Map application for this project on March 23, 2005, and issued a time extension on March 12, 2008. ANALYSIS The Town Engineer and Planning Division Staff have reviewed the parcel map and have found it in conformance with the approved Tentative Map, and State and local subdivision regulations. Approval of a parcel map is a ministerial action and is exempt from CEQA. There are no offers of dedication associated with this map, although the pre-existing public path connecting Esperanza Street to Mar West Street across the property, which was deeded by Ms. Ho to the Town in the 1980's, will be substantially improved as part of the project in place of assessing park and recreation in-lieu fees. RECOMMENDATION By adopting this Consent Calendar item, the Town Council will be: 1. Adopting the Resolution (Exhibit 1) approving the Parcel Map. 2. Authorizing the Town Manager to execute and record the Subdivision Improvement Agreement for the path improvements (Exhibit 2). 3. Authorizing staff to record the Declaration of Covenants and Restrictions (Exhibit 3) for the Subdivision. EXHIBIT NO. E3 . 4. Authorizing staff to record the Parcel Map (Exhibit 4). Exhibits: 1. Draft Resolution 2. Subdivision Improvement Agreement 3. Declaration of Covenants & Restrictions 4. Parcel Map Prepared By: Scott Anderson, Director of Community Development S: WministrationlTown CouncibStaff Reports12009Wovember 18 draftsWo Parcel Map report draft.doc RESOLUTION NO. XX-2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING A PARCEL MAP FOR THE CREATION OF TWO LOTS ON PROPERTY LOCATED AT 1655 MAR WEST STREET/175 ESPERANZA STREET ASSESSOR PARCEL NUMBER 059-051-18 RECITALS A Parcel Map proposing the subdivision of a 0.51-acre parcel into two lots has been submitted by the property owner, Diane Ho. The submitted map has been examined by the Town Engineer and returned to the Town Clerk as required in Title IV, Chapter 14, Section 14.36 of the Tiburon Municipal Code. The Town Engineer and Planning Division Staff have determined that the map is in substantial conformance with the approved Tentative Subdivision Map (Planning Commission Resolution No. 2005-03, as extended by Resolution No. 2008-04), and that all required conditions of approval have been met. No public dedications of land or property rights are being offered or accepted as part of this map. APPROVAL NOW, THERFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does approve the map entitled "Parcel Map, Lands of Diane Ho" (2 sheets), prepared by Douglas Matteson, Civil Engineer, dated July 2009. PASSED AND ADOPTED at a regular meeting of the Town Council on , 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: Wtninistrationl Town CounciMtaff Reports120091November 18 draftsWo Parcel Map Reso, 1655 Mar West Street.doc EXHIBIT NO.______ RECORDING REQUESTED BY: Town of Tiburon AND WHEN RECORDED MAIL TO: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Director of Community Development AP # 059-051-18 THIS SPACE FOR RECORDERS USE ONLY SUBDIVISION IMPROVEMENT AGREEMENT HO SUBDIVISION 1655 MAR WEST STREET/175 ESPERANZA STREET TIBURON, MARIN COUNTY, CALIFORNIA EXHIBIT NO. 1 OF 7 SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of , 200_ by and between Diane Ho (hereinafter "Subdivider"), and the Town of Tiburon, a municipal corporation of the State of California (hereinafter "Town"): WITNESSETH: WHEREAS, Subdivider has presented to the Town for approval a parcel map for the Lands of Ho and the map has been filed with the Town Clerk for presentation to the Town Council for the Town for its approval, which map is hereby referred to and incorporated herein; and WHEREAS, Subdivider, pursuant to Chapter 14 of the Tiburon Municipal Code, has presented to Town an improvement plan outlining thereon the improvements to be constructed by Subdivider within the Subdivision (hereinafter "Improvement Plan"); and WHEREAS, said improvements and any other improvements required by Chapter 14 of the Tiburon Municipal Code or by this Agreement will not be completed before the filing of the parcel map of said Subdivision; and WHEREAS, Chapter 14 of the Tiburon Municipal Code requires Subdivider to enter into an agreement with Town agreeing to have said improvements and work completed within the time specified in said agreement. NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows: 1. Subdivider agrees that prior to the expiration of one (1) year from the date hereof it will construct all improvements outlined and set forth on the Improvement Plan hereinabove referred to and all other improvements required of it to be constructed by the provisions of Chapter 14 of the Tiburon Municipal Code, in effect as of the date of this Agreement, within and for the benefit of the Subdivision. Town may grant extensions of time, in writing, for completion thereof as shall be reasonably necessary for such completion. The one-year period provided for herein shall be tolled if construction of said improvements and/or the issuance of building permits has been prevented by building/development moratorium(s)-not deemed to include growth control ordinances-imposed by Town or other governmental entity(s), for the period of such moratorium(s). Said improvements shall include, but are not necessarily limited to, the following: Installation of public pedestrian path improvements and signage, and installation of drainage improvements. Said improvements shall be constructed in accordance with the improvement plans (4 sheets), prepared by Douglas Matteson, Civil Engineer, said plans entitled "Site Improvement Plans for a Minor Two Lot Subdivision, 1655 Mar West Street, Tiburon" dated July 2008 with revisions through February 2009, on file with the Town of Tiburon Department of Public Works. 2OF7 In addition, said improvements shall be constructed in accordance with the Tiburon Municipal Code and amendments thereto and in accordance with those specifications contained in the Code, all as the same exist as of the date of this Agreement. The foregoing plans are incorporated herein by reference and made a part hereof, with the following exceptions, additions and modifications: NONE Where there is a ,conflict between the plans and specifications, the more strict requirements shall govern. 2. Subdivider hereby warrants that the plans and specifications referred to herein are in accordance with the tentative map approval for the project dated March 23, 2005 as set forth in Planning Commission Resolution No. 2005-03. Subdivider further warrants that said plans and specifications are adequate to accomplish the improvement work covered by this Agreement in a good workmanlike manner, and in accordance with accepted construction practices. Should said plans and specifications at any time prior to final acceptance of improvements referred to herein prove to be inadequate in any respect, then Subdivider does agree to make such changes as are necessary to accomplish said work in a good workmanlike manner and in accordance with accepted construction practices. 3. Upon final completion of all of said work in accordance with this Agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the same. Subdivider agrees that for a period of one (1) year from and after the date of receipt of said written acknowledgement of completion of said work it will maintain all of the improvements constructed under the provisions of this Agreement, that it will repair any defects or failures which may appear in said improvements during said one-year period and that it will further correct the causes of said defects or failures. Provided that Subdivider has complied with the terms of this Agreement in all respects, Town shall, upon completion of said one-year period, notify Subdivider in writing of its final acceptance of said improvements. Neither the written acknowledgement of completion hereinabove referred to nor any periodic progress inspection or approval shall bind the Town to accept said improvements or to waive any defect in the same or any breach of this Agreement. Acceptance of any part or any stage of said improvement work shall not be final until the written notice of final acceptance of all of the improvements shall have been delivered to Subdivider as required herein. 4. All inspection services rendered in connection with the work covered by this Agreement shall be paid for by Subdivider at the actual cost to Town. 5. Should Subdivider fail to construct the improvements within the time specified in Paragraph 1, including all extension(s), if any, Subdivider shall immediately discontinue all work under this Agreement. In such event, Subdivider shall either make arrangements satisfactory to Town for completion of said work, or Town may immediately proceed to complete the improvements by contract or otherwise and recover the cost thereof from Subdivider. 3OF7 6. Prior to starting any construction of improvements called for by this Agreement, Subdivider shall meet the following conditions: (a) The before described improvement plan and specifications shall be adjusted, if necessary, to meet: 1. Any changes in the terrain which may occur after the execution of this Agreement and prior to the commencement of the construction of the improvements; and 2. Any engineering standards new to the profession and applicable to the Subdivision. Said plans and specifications shall be subject to the reasonable written final approval of the Town Engineer. (b) Upon execution of this Agreement, Subdivider shall post the improvement securities listed below, as required by § § 66496 and 66499 - 66499. 10, inclusive, of the California Government Code. The form of security shall be subject to the approval of the Town Attorney. Any additions, alterations or modifications to this Agreement or to the plans and specifications referred to herein, including any extension of time within which the work hereunder may be completed, shall not release or exonerate any surety or sureties on the required securities. The Town Engineer shall determine the estimated cost of the improvements and monuments. 1. For faithful performance of this Agreement: 100% (one hundred percent) of the estimated cost of the improvements. 2. For payment of all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of this Agreement: 100% (one hundred percent). of the estimated cost of the improvements. 3. For payment of the project engineer or surveyor for setting of the final monuments for the Subdivision: 100% (one hundred percent) of the estimated cost of setting such monuments. (c) Subdivider shall pay Town the estimated inspection fees as determined by the Town Engineer. 7. Upon final completion of all improvements in accordance with this Agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the same and Town shall take all steps necessary for the release of any security held by Town, and shall release such security upon the posting by Subdivider of the security referred to in Paragraph 8 below. 8. Upon final completion of all improvements in accordance with this Agreement, the Town Engineer shall notify Subdivider in writing of his acknowledgement of completion of the 4 0F7 same and Subdivider shall then furnish security whether it be cash, bond, or letter of credit, in accordance with the provisions of California Government Coded Sections 66499-66499.10, in an amount equal to Ten percent (10%) of the cost of the improvements as security for the maintenance and repair of the improvements for a one- year period. The form of the security shall be subject to the reasonable approval of the Town Attorney. Upon the final acceptance of said improvements as referred to in Paragraph 3, Town immediately shall release such security held. 9. Should Town be required to institute legal action to compel performance of this Agreement, Subdivider agrees to pay all reasonable attorneys fees, costs of suit, and all other expenses of litigation incurred by Town in connection therewith. 10. Town shall not be responsible for any of the costs of said improvements or for the performance or non-performance of the work of construction of said improvements, and Subdivider shall hold Town free and harmless from any claim or liability resulting from or arising out of the same. 11. Subdivider shall have sole responsibility for making all arrangements and assuming all expenses as may be required in connection with the furnishing and installing of utility service facilities. 12. Subdivider shall not commence work under this Agreement until contractor and any subcontractors have obtained all insurance required under this paragraph, and such insurance has been approved by the Town Attorney as to form, amount and carrier. All requirements shall appear either in the body of the insurance policy or in endorsements and shall specifically bind the insurance carrier. (a) Workers' Compensation and Employers' Liability insurance in the statutory coverage. In signing this Agreement, Subdivider makes the following certification: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement." (b) Commercial General Liability Insurance: In an amount not less than two million dollars ($2,000,000.00) for injuries including, but not limited to, death to any one person, and including blanket contractual liability, and subject to the same limit for each person, in an amount not less than one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage. 5OF7 (c) Automobile Liability (Code 1) Insurance: In an amount not less than one million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage. (d) It is agreed that the insurance required by Subsections (b) and (c) shall be in an aggregate amount of not less than two million dollars ($2,000,000.00) and shall be extended to include as additional insureds the Town of Tiburon, its elective and appointive boards, officers, agents and employees, with respect to operations performed by the Subdivider as described herein. Evidence of the insurance described above shall be provided to Town upon execution of this Agreement and shall be subject to approval by the Town Attorney as to form, amount and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to Town. In addition, the following endorsement shall be made on the policy of insurance. "Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the Town of Tiburon shall be primary as to any other insurance or reinsurance covering or available to the Town of Tiburon, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." 13. Subdivider shall indemnify, defend an hold Town harmless from any liability for damage or claims for damage to persons or real or personal property (including, without limitation, claims for inverse condemnation) arising or alleged to arise from the operations of Subdivider or Subdivider's contractors, subcontractors, agents or employees in connection with the performance of this Agreement. Subdivider's obligation under this section apply to all claims or actions at law arising from the aforesaid operations, regardless of whether Town has prepared, supplied or approved of plans and/or specifications for the Subdivision or regardless of whether the insurance policies required by this Agreement apply to such damages or claims for damages. For purposes of this Section, "Town" includes, without limitation, the Town's elective and appointive boards, commissions, officers, agents and employees. 14. This Agreement applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors and assigns. Subdivider reserves the right to transfer the property and the rights and duties under this Agreement shall pass to said transferee and subsequent transferees, if any, without modification. 15. This Agreement shall be subject to and shall be deemed to incorporate by reference as if set forth in full herein all applicable provisions of the State Subdivision Map Act sections 66499 through 66499.10 and Chapter 14 of the Tiburon Municipal Code applicable and in effect as of the date of this Agreement. 6 0F7 16. It is agreed that in the event of litigation between the parties relating to this Agreement the proper venue therefor is the Marin County Superior Court. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. SUBDIVIDER: C Diane Ho TOWN: TOWN OF TIBURON A Municipal Corporation By: Margaret A. Curran Its: Town Manager Approved as to Form: Ann R. Danforth Town Attorney S: OanninglStaff FolderslsandersonlAliscellaneouslho subdivision improvement agreement 5-I5-08.doc 7OF7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f On before me, &7411~ Date Here Insert Name and Title of the Officer personally appeared 14~ a'4?_' 6 DIANE CRANE IACOPI CommOsslon * ISM13 L Notity Pabk - CW*nde Marlin Coo" t 201 Comm. EXON Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my d of cial seal. Signature Sign atu f Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document . Title or Type of Document: c V oladf vas rm Document Date: C~ 0 / Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) r ~ Signer's Name: Z4 ff-D U Individual ❑ Corporate Officer -Title (s): _ ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing VIV: !AI_ Top of thumb here Signer's Name: ❑ Individual ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing IN offil M" Top of thumb here 02007 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 -Chatsworth, CA 91 31 3-2402- www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 When Recorded Return To: Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Attention: Director of Community Development Assessor Parcel No. 059-051-18 DECLARATION AND ESTABLISHMENT OF PROTECTIVE COVENANTS AND RESTRICTIONS This Declaration is made with reference to the following considerations: A. Diane Ho Yuk Wah, also known as Diane Ho, Trustee of The Diane Yuk Wah Ho Trust, is the owner of the certain real property located in the Town of Tiburon, County of Marin, State of California, commonly identified as Marin County Assessor's Parcel No. 059-051-18 and more particularly described as follows: ALL THAT CERTAIN real property situate in the City of Tiburon, County of Marin, State of California, described below as follows and herein referred to as the Property: PARCEL ONE: Beginning at a point on the Easterly line of Mar East Street, at the most Northerly corner of the premises described in the Deed from Frank Afflect to Luis Bertroli, by Deed dated July 21, 1916 and recorded August 18, 1916 in Book 180 of Deeds at Page 488, Marin County Records; thence following the Northeasterly line of said premises, South 50° 47' East 185.9 feet to a point on the Westerly line of Esperanza Street; thence following the Westerly and Southerly lines of Esperanza Street, North 1 ° 51' East 109.75 feet and North 52° 32' West 187.72 feet to the intersection of the Southerly line of Esperanza Street with the Easterly line of Mar West Street; thence following the Easterly line of Mar West Street, South 3° 11' East 78 feet and on a curve to the right whose chord bears South 5° 55' West, a distance of 26.9 feet to the point of beginning. PARCEL TWO: EXTIIBIT NO. A strip of land, 20 feet in width, lying parallel with, adjacent to and Easterly and Northerly of the following described line: Beginning at the most Southerly corner of that certain parcel of land described in Grant Deed recorded July 31, 1986 as Instrument No. 86 40352, Marin County Records; thence running along the Easterly and Northerly lines of said parcel of land, North 1 ° 51' East 109.75 feet and North 52° 32' West 187.72 feet to the intersection of the Southerly line of Esperanza Street with the Easterly line of Mar West Street. The Northerly line of this described strip of land shall extend to its intersection with the Easterly line of Mar West Street. This described strip of land is the portion Westerly and Southerly of the centerline of Esperanza Street within the limits described. B. The Town of Tiburon (Town File #60402) has approved the division of property into two (2) Lots subject to various conditions. One such condition requires that certain conditions be contained in "Deed Restrictions" affecting the property. The purpose of this Agreement is to set forth such restrictions as set forth in Tiburon Planning Commission Resolution 2005-03. This document shall be recorded in conjunction with the Parcel Map dividing the property into two (2) Lots (Lot A and Lot B), said Parcel Map being that certain Parcel Map recorded in the official records of the County of Marin at Book of Maps, Page(s) on , 2008, said Parcel Map being incorporated herein by this reference. C. Declarant hereby declares that the property shall be held conveyed, encumbered, occupied, sold and improved subject to the following limitations and restrictions, each of which is for the purpose of enhancing and protecting the value and attractiveness of the property and every part thereof in accordance with the plan for improvement of the property and the division thereof into two (2) Lots. All of the limitations and restrictions set forth herein shall constitute covenants, which shall run 2 with the land and shall be binding upon the Declarant and her successors and assigns and all parties having or acquiring any right, title or interest in or to any part of the property. 1. Use Restriction. The use of each Lot shall be limited to residential use consisting of one (1) single-family dwelling unit and customary ancillary uses thereto. 2. Building Size Restriction. Any new structure constructed on Lot B shall not exceed a floor area of 2,200 square feet of gross floor area as that term is defined in the Tiburon Municipal Code and 500 square feet of gross floor area for garage space. 3. Landscaping on Parcel B. New landscaping on Lot B as depicted on the Parcel Map shall be limited to plants that are non-invasive and will not spread or invade the adjoining County of Marin-owned botanical reserve Parcel located on Assessor's Parcel No. 059-033-02, located on the north and east boundaries of Lot B. For purposes of this paragraph, non-invasive shall mean plant species that do not spread by natural growth or reproductive means to adjoining property. 4. On-Site Parking. Each Lot identified on the Parcel Map shall at all times be served by a minimum of four (4) on-site parking spaces; at least two (2) of which shall be covered spaces located in the garage serving each respective Lot. 5. Amendments. No part of this Declaration may be amended without the written consent of the owners of Lot A, Lot B and the Town of Tiburon, which Amendments shall be recorded in the official records of the County of Marin. Any Amendment shall be effective upon being so recorded. No Amendment shall affect the rights of any mortgagee or trustee or beneficiary of a Trust Deed recorded before the recordation of such Amendment unless the Amendment is approved in writing by such mortgagee or beneficiary. 3 6. Enforcement. Any owner of Lot A or Lot B identified on the Parcel Map, or the Town of Tiburon, may bring an action in a court of competent jurisdiction to enforce the terms of Covenants, Conditions and Restrictions contained in this Declaration. 7. Protection of Lenders. No Enforcement Order issued to enforce any covenant, condition or restriction set forth in this Agreement or related thereof shall impair or affect a lien created by a duly recorded mortgage or Trust Deed prior to the recordation of such an Order. This Declaration shall not impose any monetary lien upon the Property or any part thereof. 8. No Waiver. The Failure to enforce any covenant, condition or restriction set forth in this Declaration shall not constitute a waiver of any right to enforce any such provision or any other provision of this Declaration. Signed this day of , 2008. ~<J"Z 'a~ Diane Ho Yuk Wah, also known as Diane Ho, Trustee of The Diane Yuk Wah Ho Trust STATE OF CALIFORNLA/ ) COUNTY OF /N ) q 24% &cW On / 2008, before me, alt / , a Notary Public in a d fo the State of California, personally appeared « v~ ii j l Zk.2 jA , who proved to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. 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U = LL, Lu p mQ N_q a a yaC im m> W m2a0 ZG OI~S a Ka W W 2 M WW ~wza< ¢p¢u~F w m u I 2 f prO~LLO UryOJ _ZOma W K W W wSZT it w X: Go MW- ~Tw 60 y 0 aU ~aw Z oOc U W U uJ A Z W _ z` q aW fA WQ Y N O?maaa TDN3 MWNOSaUVW LU'OZ:T 'Wd SZ:TS:T 60OZ/6/01 'bmP- ZWMOAaffMPVwAMsbM~3VC TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Adoption of Resolution certifying Election Results Town Council Meeting December 2, 2009 Agenda Item: EC _ SO" The Marin County Registrar of Voters certified the results of the November 3, 2009 municipal election on November 20, 2009. Attached to this report are the Canvass of Vote and Statement of Results for Votes Cast for the Town of Tiburon. Staff has prepared a resolution for Council adoption certifying the election results, based on the Registrar's report. The Marin County Board of supervisors will approve the results, as well, at its December 8 meeting. RECOMMENDATION Staff recommends that the Town Council: 1. Adopt the resolution certifying the results of the November 3, 2009 election. EXHIBITS • Letter and enclosures from Marin County Registrar of Voters • Town Council Resolution Prepared by: Diane Crane lacopi, Town Clerk ELAINE GINNOLD REGISTRAR OF VOTERS Registrar of Voters MELVIN BRIONES Assistant Registrar of Voters November 20, 2009 Town of Tiburon Attn: Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 Dear Town Clerk: NOV 2 3 2009 1 , OTAN Of- IBURON s Enclosed is the Certificate of Canvass of Vote and your copy of the Statement of Results of Votes Cast for the Town of Tiburon town council members, for the November 3, 2009 Uniform District Election. This will be approved by the Board of Supervisors at a regular meeting on December 8, 2009. If you have any questions, please feel free to call our office at (415) 499-6442. Sincerely, ELAINE GINNOLD Registrar of Voters MELVIN BRIONES Assistant Registrar of Voters Encl. s h n__ n - c.- 12 _z_1 1+A nAn» - v1.....- fd 1 C% AO01dSlS . FAX !4151499-6447 • wwvv.CO.mzri .Ga.USJCJCCdOn5 & CICC1]Ons@c0m BIm.gLus CERTIFICATE OF CANVASS OF VOTE I, ELAINE GINNOLD, Registrar of Voters, County of Marin, State of California, do hereby certify that on November 20, 2009, 1 canvassed the vote cast at the Uniform District Election held on November 3, 2009, and the results of said canvass are as follows: (See Attached) IN WITNESS WHEREOF, I have set my hand and affixed my official seal on the 20th day of November, 2009. SEAL 101, ELAINE GINNOLD Registrar of Voters MARIN COUNTY - REGISTRAR OF VOTERS UNIFORM DISTRICT ELECTION NOVEMBER 3, 2009 OFFICIAL FINAL STATEMENT OF VOTES CAST TOWN OF TIBURON TURN OUT I Reg. Voters I Cards Cast I % Turnout Jurisdiction Wide 0003010 Polling 68 70.83 VBM E 0 0.0a Total 1 i 68 70.83 0003011 Polling 70 8.65 VBM 185 22 87 Total 809 255 . 31 52' 0003012 . Polling 939 92 9 80' VBM 939 270 . 28 75' Total 939 362 . 38 551 0003013 . , Polling 516 34 6.59° VBM 516 128 24.81 Total 516 162 31.40° 0003014 Polling 122 31 25.41 VBM 122 0 0.000, Total 122 31 25.41 °i 0003015 P olllig 2253 226 10.030i , 2253 663 29.430 Total 2253 889 39.460/, 0003016 Polling 114 44 38.60°/ VBM 114 0 0.000% Total 114 44 38.60•/ 0003017 Polling 974 77 7.91% ~M 974 259 26.59°/ Total 974 336 34.50•/ Total Polling 5823 642 11.030 VBM 5823 1505 25.850 Total 5823 2147 36.87°/ Date: 11/20/09 Time: 11:42:11 Page: l of 3 MARIN COUNTY - REGISTRAR OF VOTERS Date: 11/20/09 UNIFORM DISTRICT ELECTION Time: 11:42:11 NOVEMBER 3, 2009 Page:2 of 3 OFFICIAL FINAL STATEMENT OF VOTES CAST TOWN OF TIBURON TOWN OF TIBURON - Member, Town Council Reg. Voters Times Total Votes EMMETT JOIN KUNZWEILER JIM FRASER Counted O'DONNELL 0003010 • • 4V Polling 96 68 97 19 19.590/0 34 35.05% 18 18.56% VBM 96 0 0 0 - 0 - 0 - Total 96 68 97 19 19.59% 34 35.05% 18 18.56% 0003011 Polling 809 70 174 35 20.11% 33 18.97% 37 21.26% VBM 809 185 475 110 23.16% 89 18.74% 102 21.47% Total 809 255 649 145 22.34% 122 18.80% 139 21.42% 0003012 Polling 939 92 236 59 25.00% 46 19.49% 43 18.22% V 13M 939 270 687 151 21.98% 128 18.63% 132 19.21% Total 939 362 923 210 22.75% 174 18.85% 175 18.96% 0003013 Polling 516 34 84 20 23.81% 13 15.48% 20 23.81% VBM 516 128 312 60 19.23% 56 17.95% 76 24.36% Total 516 162 396 80 20.20% 69 17.42% 96 24.24 /o 0003014 Polling 122 31 75 14 18.67% 11 14.67% 15 20.00% VBM 122 0 0 0 - 0 - 0 - Total 122 31 75 14 18.67% 11 14.67% 15 20.00% 0003015 Polling 2253 226 555 109 19.64% 106 19.10% 119 21.44% VBM 2253 663 1672 322 19.26% 323 19.32% 380 22.73% Total 2253 889 2227 431 19.35% 4,29 19.26% 499 22.41% 0003016 Polling 114 44 79 19 24.05% 9 11.39% 16 20.25% VBM 114 0 0 0 - 0 - 0 - Total 114 44 79 19 24.05% 9 11.39% 16 20.25% 0003017 Polling 974 77 166 41 24.70% 27 16.27% 33 19.88% VBM 974 259 640 115 17.97% 139 21.72% 153 23.91% Total 974 336 806 156 19.35% 166 20.60% 186 23.08% Total Polling 5823 642 1466 316 21.56% 279 19.03% 301 20.53% VBM 5823 1505 3786 758 20.02% 735 19.41% 843 22.27% Total 5823 2147 5252 1074 20.45% 1014 19.31% 1144 21.78% MARIN COUNTY - REGISTRAR OF VOTERS Date: 11/20/09 UNIFORM DISTRICT ELECTION Time: 11:42:11 Page:3 of 3 NOVEMBER 3, 2009 OFFICIAL FINAL STATEMENT OF VOTES CAST TOWN OF TIBURON TOWN OF TIBURON - Member, Town Council ALICE FREDERICKS BRIAN Write-In Votes McCULLOUGH Jurisdiction Wide 0003010 Polling 20 20.62% 6 6.19% 0 0.00% VBM 0 - 0 - 0 Total 20 20.62% 6 6.19% 0 0.00% 0003011 Polling 49 28.16% 20 11.49% 0 0.00% VBM 141 29.68% 30 6.32% 3 0.63% Total 190 29.28% 50 7.70% 3 0.46% 0003012 Polling 59 25.00% 29 12290/6 0 0.00% VBM 198 28.82% 76 11.06% 2 0.29% Total 257 27.84% 105 11.38% 2 0.22% 0003013 Polling 18 21.43% 11 13.10% 2 2.38% VBM 90 28.85% 30 9.62% 0 0.00% Total 108 27.27% 41 10.35% 2 0.51% 0003014 Polling 21 28.00% 14 18.67% 0 0.00% VBM 0 - 0 - 0 Total 21 28.00% 14 18.67% 0 0.00% 0003015 Polling 143 25.77% 76 13.69% 2 0.36% VBM 485 29.01% 159 9.51% 3 0.18% Total 628 28.20% 235 10.55% 5 0.22% 0003016 Polling 23 29.11% 10 12.66% 2 2.53% VBM 0 - 0 - 0 Total 23 29.11% 10 12.66% 2 2.53% 0003017 Polling 35 21.08% 30 18.07% 0 0.00% VBM 167 26.09% 60 9.38% 6 0.94% Total 202 25.06% 90 11.17% 6 0.74% Total Polling 368 25.10% 196 13.37% 6 0.41% VBM 1081 28.55% 3,55 9.38% 14 0.37% Total 1449 27.59% 551 10.49% 20 0.38°/ RESOLUTION NO. XX-2009 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION HELD IN AND FOR THE TOWN OF TIBURON, STATE OF CALIFORNIA, ON THE 3rd DAY OF NOVEMBER 2009 FOR THE PURPOSE OF ELECTING THREE COUNCIL MEMBERS WHEREAS, the Town Council of the Town of Tiburon did heretofore order an election to be consolidated with a uniform municipal election that was held within the Town of Tiburon on the 3rd day of November 2009, for the purpose of selecting three (3) Town Council members to serve for terms of four years; and WHEREAS, said election was held pursuant to the requirements of the Government Code and the Elections Code of the State of California; and WHEREAS, the Town Council of the Town of Tiburon has received the Canvass of the Vote for this election from the Marin County Registrar of Voters; NOW THEREFORE BE IT RESOLVED, ORDERED AND DECLARED as follows: 1. That the whole number of ballots cast in the Town of Tiburon in said election was 2,147 which comprised 36.87 % of the registered voters (5,823); 2. That the names of the persons voted for were: Emmett O'Donnell John Kunzweiler Jim Fraser Alice Fredericks Brian McCullough 3. That the number of votes counted by precinct were: PRECINCT NO. 3010: ALL MAIL PRECINCT Polling Vote by Mail Total Emmett O'Donnell 19 19 John Kunzweiler 34 34 Jim Fraser 18 18 Alice Fredericks 20 20 Brian McCullough 6 6 Town Council Resolution No. xx-2009 12/2/09 1 PRECINCT NO. 3011: SHEPHERD OF THE HILLS LUTHERAN CHURCH Polling Vote by Mail Total Emmett O'Donnell 35 110 145 John Kunzweiler 33 89 122 Jim Fraser 37 102 139 Alice Fredericks 49 141 190 Brian McCullough 20 30 50 PRECINCT NO. 3012: DEL MAR SCHOOL Polling Vote by Mail Total Emmett O'Donnell 59 151 210 John Kunzweiler 46 128 174 Jim Fraser 43 132 175 Alice Fredericks 59 198 257 Brian McCullough 29 76 105 PRECINCT NO. 3013: TIBURON BAPTIST CHURCH Emmett O'Donnell John Kunzweiler Jim Fraser Alice Fredericks Brian McCullough Polline Vote by Mail Total 20 60 80 13 56 69 20 76 96 18 90 108 11 30 41 PRECINCT NO. 3014: ALL MAIL PRECINCT Polling Vote by Mail Total Emmett O'Donnell 14 14 John Kunzweiler 11 11 Jim Fraser 15 15 Alice Fredericks 21 21 Brian McCullough 14 14 Town Council Resolution No. xx-2009 12/2/09 2 PRECINCT NO. 3015: TIBURON TOWN HALL Polling Vote by Mail Total Emmett O'Donnell 109 322 431 John Kunzweiler 106 323 429 Jim Fraser 119 380 499 Alice Fredericks 143 485 628 Brian McCullough 76 159 235 PRECINCT NO. 3016: ALL MAIL PRECINCT Polling Vote by Mail Total Emmett O'Donnell 19 19 John Kunzweiler 9 9 Jim Fraser 16 16 Alice Fredericks 23 23 Brian McCullough 10 10 PRECINCT NO. 3017: BEL AIRE SCHOOL Polling Vote by Mail Total Emmett O'Donnell 41 115 156 John Kunzweiler 27 139 166 Jim Fraser 33 153 186 Alice Fredericks 35 167 202 Brian McCullough 30 60 90 6. That the total number of votes cast throughout the Town of Tiburon (5,252) for the three vacant seats on the Town Council were as follows: Emmett O'Donnell John Kunzweiler Jim Fraser Alice Fredericks Brian McCullough Write-in Votes 1,074 (20.45%) 1,014 (19.31%) 19144 (21.78%) 19449 (27.59%) 551 (10.49%) 20 (0.38%) Town Council Resolution No. xx-2009 12/2/09 3 7. That the following persons are hereby declared to be elected as members of the Town Council of the Town of Tiburon for a term of four years: Alice Fredericks Jim Fraser Emmett O'Donnell 8. That the Town Clerk is hereby directed to cause a certified copy of this resolution to be delivered to each candidate. PASSED AND ADOPTED at a special meeting of the Tiburon Town Council on December 2, 2009, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. xx-2009 12/2/09 4