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Home My WebLink AboutTC Digest 2010-02-26Tiburon 1. Memorandum - Ann Danforth/Peggy Curran - Article about Hacienda Drive 2. Memorandum - Peggy Curran - Google Request for Information 3. Letter - Thanks and Recognition - Laurie Tyler, Joan Palmero, Fire Department and Public Works Agendas & Minutes 4. Agenda -Design Review Board -February 22, 2010 5. Agenda - Planning Commission - February 24, 2010 6. Agenda -Design Review Board -March 4, 2010 Regional a) Letter - Janice Hahn for Lieutenant Governor b) Sierra Club Yodeler - Newsletter - March/April 2010 c) Marin General Hospital Newsletter - February 2010 d) Connections - Center for Civic Partnerships - Newsletter Winter 2010 e) ABAG -General Assembly Meeting and Budget Work Program f) Letter - Comcast - Final Step - Comcast Network Enhancement Agendas & Minutes g) None * Council Only TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Date: February 18, 2010 To: Mayor and Town Council From: Ann Danforth, Town Attorney Peggy Curran, Town Manager Subject: Article about Hacienda Drive DIGEST I. A recent application for pillars and fencing on Hacienda Drive has generated many questions about the Town's 2009 settlement with the Wayne family. The following article was prepared to clarify the nature of the Town's easement and related issues. This article, or some version of it, will likely appear in an upcoming issue of Tiburon Talk. The Situation on Hacienda Drive Controversy has been growing of late in the neighborhood where the Town's Middle Ridge Open Space meets the end of Hacienda Drive. Although the issues go back several years, the most recent concerns stem from the Town's 2009 settlement of a lawsuit brought by the owners of that end of Hacienda Drive, the Wayne family. This article is intended to provide background on the issue and explain why the settlement came about and what it means for private and public access to the open space. Background History is important here. In the 1950s, Nicholas Pedersen owned a significant amount of property in what is now the Middle Ridge Open Space area. Mr. Pedersen deeded the parcel that would one day become part of Town open space to James Reisinger in 1958. The grant deed included a roadway and utility easement over what is commonly known today as Hacienda Drive. This was a common arrangement to allow a future home on the parcel to have access. However, Mr. Reisinger did not build a home. Eventually, the property was conveyed to the Reed Union School District, who sold it to the Town for open space in 1975. In the intervening years, the grant of easement over Hacienda Drive was not modified beyond its original scope. Ownership and Easements Today The Wayne Family owns Hacienda Drive, from 116 Hacienda Drive to its terminus at the Town open space (immediately past 180 Hacienda Drive). The Town and others have various easements over the Wayne-owned portion of Hacienda Drive. Historically the roadway has been physically unrestricted and people have traversed it to get to the open space or access their homes along the roadway. The Town had long interpreted its easement and the historic use of the road to mean the public has pedestrian access rights - that is, that the Town's easement allowed it to provide pedestrian access to the open space. The Wayne family, concerned about increasing vehicular and pedestrian traffic adversely affecting their privacy, approached the Town asking to erect a gate to block the flow of traffic, including pedestrians, along the upper stretch of Hacienda Drive. Although the Waynes never actually filed an application for a gate, they sued the Town claiming its easement rights may not be extended to the general public but are only for the limited purposes of Town open space maintenance, police and fire access, utility maintenance, and such. The Marin Superior Court agreed with the Waynes. It issued a preliminary ruling that the Town's easement does not extend to the general public and that the Town erred in identifying the private section for the road as a public trail. This ruling laid the basis for the Town to seek a settlement to salvage some public benefit. The Town's ultimate goal was and is to facilitate access for all pedestrians to the open space. To achieve that goal, the Town needed the Waynes' cooperation. Settlement The Town's motivation for settlement was to find a way to ultimately preserve access to the open space for the general public. The most problematic stretch of roadway for this purpose is from the existing pillars to the Town's open space parcel, the stretch the Waynes wish to keep private. But the Wayne's private property rights extend all the way down to number 116 Hacienda Drive, far before the existing pillars. Given the court's ruling, the Waynes could bar general public access (subject to any easement obligations to third parties) over that entire length of Hacienda Drive. Accordingly, the Waynes and the Town developed a compromise whereby the Waynes would grant the Town a permanent public recreational easement over the lower portion of their property (the portion below the currant pillars) in exchange for the Town agreeing to allow the Waynes to erect a gate across the upper portion at approximately 170 Hacienda Drive. So how would this result in access, when only a portion of the needed route would be made publicly-accessible and the upper portion blocked? Initially, it would not. But the Town entered into the settlement with an awareness of another solution in the works. The Town is currently reviewing a development application by the Rabin family for a large property that abuts the upper, blocked portion of Wayne property. These development plans include a substitute, parallel foot trail that would allow the public to access the open space by means of the new easement from the Waynes and the Rabin property, connecting up a complete, and completely public, trail. When will this happen? The Rabin development is winding its way through the review process right now. It is possible that approvals occur later this year, at which time the Town hopes to be able to act quickly to improve (in rustic fashion) the new trail, thus connecting up a complete public route to the open space. There is always the risk that Mr. Rabin and the Town cannot agree upon appropriate development for the site, or that delays will occur, but we are optimistic that a project will ultimately be approved on the site that includes this trail. Once it does, permanent public access will have been secured. Third Party Easement Rights The biggest confusion arising from the settlement agreement is the mistaken belief that the Town has somehow revoked the rights of neighborhood residents to walk on Hacienda Drive. This is a mistake because the agreement does not and can not deprive third parties, that is, those not involved in the litigation, of their individual rights. Some neighbors themselves own easement rights over Hacienda Drive. The Town cannot determine the extent of competing private claims to access rights and has not taken any action that could defeat those rights. Rather, the Town sought to accommodate the Waynes' genuine security concerns by keeping unauthorized persons from accessing their home, while eventually securing permanent access for the entire general public to enjoy. We hope this sheds some light on a difficult and complex issue. Unfortunately, with the court's ruling, the Town's options were limited. The settlement agreement was a genuine effort to salvage a viable, permanent easement for the general public. It may take many months or even several years to be realized, but the plan remains a sound one for the long-run. TOWN OF TIBURON 1505 Tiburon Boulevard "ICA Tiburon, CA 94920► . MEMORANDUM Date: February 18, 2010 To: Mayor and Town Council From: Peggy Curran, Town Manager Subject: Google Request for Information The attached flyer from Google describes their interest in finding trial locations for their new high speed broadband networks, and is asking interested communities to respond to their Request for Information. The Marin Telecommunications Agency (MTA) intends to respond to the request. Tiburon's MTA representative, Councilmember Jim Fraser, asked that I provide this information to the Town Council and press via the weekly Digest. Thank you. °as A C,c) )SIc Project Overview What is Google doing and what does it seek to achieve? Key Dates: Issuance of RFI: February 10, 2010 Response Deadline: March 26, 2010 Imagine sitting in a rural health clinic, streaming three-dimensional medical imaging over the web, and discussing a unique condition with a specialist in New York. Or downloading a high- definition, full-length feature film in less than five minutes. Or collaborating with classmates around the world while watching live 3D video of a university lecture. Universal, ultra high-speed Internet access will make all this, and more possible. We've urged the FCC to look at new, and creative ways to get there in its National Broadband Plan - and now we're announcing an experiment of our own. Google is planning to build, and test ultra-high speed broadband networks in a small number of trial locations across the country. We'll deliver Internet speeds more than 100 times faster than what most Americans have access to today with 1 gigabit per second, fiber-to-the-home connections. We'll offer service at a competitive price to at least 50,000, and potentially up to 500,000 people. As a first step, we're putting out a Request for Information (RFI) to help identify interested communities. We welcome responses from local government, as well as members of the public. Our goal is to experiment with new ways to help make Internet access better, and faster for everyone. Here are some specific things that we have in mind: • Next generation apps: We want to see what developers and users can do with ultra high- speeds, whether it's creating new bandwidth-intensive "killer apps" and services, or other uses we can't yet imagine. • New deployment techniques: We'll test new ways to build fiber networks; to help inform, and support deployments elsewhere, we'll share key lessons learned with the world. • Openness and choice: We'll operate an "open access" network, giving users the choice of multiple service providers. And consistent with our past advocacy, we'll manage our network in an open, non-discriminatory, and transparent way. Like our WiFi network in Mountain View, the purpose of this project is to experiment and learn. Network providers are making real progress to expand and improve high-speed Internet access, but there's still more to be done. We don't think we have all the answers - but through our trial, we hope to make a meaningful contribution to the shared goal of delivering faster and better Internet for everyone. • Home • Project Overview • Instructions • Legal Statements • FAQ oicF~~ February 23, 2010 Ms. Peggy Curran Town Manager Town of Tiburon Tiburon, CA 94920 Dear Peggy: • 03 RECEIVED FES 2 5 2010 TOWN MANAGERS OFFICE TOWN OF TIBURON I hope by now you have received many thanks for the efforts put out by the Town of Tiburon on behalf of Auction 4 Haiti; namely by Joan Palmero. She worked tirelessly all day Friday through Sunday; especially on Sunday until 11:30 pm just to make sure the Town Hall was put back together for Monday. She was the only one who knew where the skeletons were so everyone was asking her questiions, favors and for help. I hope the organizers were happy with the results--$25,000 is a good take-- but I must say the Town of Tiburon looked good in every way. Public Works and the Fire Department came through beautifully as did Laurie Tyler. It was a pleasure to be part of it. Sincerely, d l4'e'l~ Liz Schmidt q1b TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL Chairman Chong, Vice Chairman Tollini, Boardmembers Kricensky & Wilson ORAL COMMUNICATIONS Persons wishing to address the Design Review Board on any subject not on the agenda may do so under this portion of the agenda. Please note that the Design Review Board is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please limit your comments to no more than three (3) minutes. Any communications regarding an item not on the agenda will not be considered part of the administrative record for that item. NEW BUSINESS 180 Hacienda Drive: File No. 709151; Request by owner Victoria Wayne representing the Wayne family Trust for Site Plan and Architectural Review approval for the installation of two six foot high stone pillars, with 6 foot high metal fencing to either side of the pillars, on a privately-owned portion of Hacienda Drive located approximately 90 feet southeast of the driveway leading from Hacienda Drive down to residences at 160 and 170 Hacienda Drive. No gate or other barrier is proposed between the pillars. Adjacent to Assessor Parcel Nos. 039-271-26, 27 & 28 [SA] ADJOURNMENT Design Review Board February 22, 2010 Special Meeting Design Review Board February 22, 2010 7:00 P.M. Page 1 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 Planning Division Secretary at (415) 435-7390. 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 Design Review Board Agendas, Staff Reports, project files and other supporting data are available for viewing and inspection at Town Hall during business hours. Agendas and Staff Reports are also available at the Belvedere-Tiburon Public Library and on the Town of Tiburon website (mm w.ci.tiburon.ca.us) after 5:00 PM on the Friday prior to the regularly scheduled meeting. Any documents produced by the Town and distributed to a majority of the Design Review Board regarding any item on this agenda, including agenda-related documents produced by the Town after distribution of the agenda packet at least 72 hours in advance of the Board meeting, will be available for public inspection at Town Hall, 1505 Tiburon Boulevard, Tiburon, CA 94920. 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 deliver or cause to be delivered 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 five (5) days before the meeting to the Planning Division Secretary at the above address. PUBLIC HEARING ITEMS AND BUSINESS ITEMS Public Hearing items and Business items provide the general public and interested parties an opportunity to speak regarding items that typically involve an action or decision made by the Board. If you challenge any decision in court, you may be limited to raising only those issues you or someone else raised at the meeting, or in written correspondence delivered to the Board at, or prior to, the meeting. GENERAL PROCEDURE ON ITEMS AND TIME LIMIT GUIDELINES FOR SPEAKERS The Design Review Board's general procedure on items and time limit guidelines for speakers are: ❖ Staff Update on Item (if any) ❖ Applicant Presentation - 5 to 20 minutes ❖ Design Review Board questions of staff and/or applicant ❖ Public Testimony (depending on the number of speakers) - 3 to 5 minutes for each speaker; members of the audience may not allocate their testimony time to other speakers ❖ Applicant may respond to public comments - 3 minutes ❖ Design Review Board closes the public testimony period, deliberates and votes (as warranted) ❖ Time limits and procedures may be modified in the reasonable discretion of the Chairman Interested members of the public may address the Design Review Board on any item on the agenda. ORDER AND TIMING OF ITEMS No set times are assigned to items appearing on the Design Review Board agenda. While the Design Review Board attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order without notice. NOTE: ALL DESIGN REVIEW BOARD MEETINGS AREA UDIO RECORDED Design Review Board February 22, 2010 Page 2 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Regular Meeting Tiburon Planning Commission February 24, 2010 - 7:30 PM TIBURON PLANNING COMMISSION CALL TO ORDER AND ROLL CALL t3j~,~~d Chairman Kunzweiler, Vice Chairman Frymier, Commissioner Corcoran, Commissioner Doyle, Commissioner Tollini ORAL COMMUNICATIONS Persons wishing to address the Planning Commission on any subject not on the agenda may do so under this portion of the agenda. Please note that the Planning Commission is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Planning Commission agenda. Please limit your comments to no more than three (3) minutes. Testimony regarding matters not on the agenda will not be considered part of the administrative record. COMMISSION AND STAFF BRIEFING Commission and Committee Reports Director's Report PUBLIC HEARING 1. VICINITY OF 3825 PARADISE DRIVE: DETERMINATION AS TO WHETHER RECIRCULATION IS REQUIRED FOR THE DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE PROPOSED ALTA ROBLES RESIDENTIAL PROJECT; FILE #30701; Irving and Varda Rabin, et al, Owner and Applicants; Assessor Parcel Numbers 039-021-13 and 039-301-01 [SA] MINUTES 2. PLANNING COMMISSION MINUTES -Regular Meeting of February 10, 2010 Tiburon Planning Commission February 24, 2010 Page 1 ADJOURNMENT Future Aizenda Items 90 Via Los Altos Precise Plan Amendment Achuck/Parente Vista Precise Development Plan Trestle Glen Circle Conceptual Master Plan (TBD) a022410 Tiburon Planning Commission February 24, 2010 Page 2 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL DIGEsr(f . Regular Meeting Design Review Board March 4, 2010 7:00 P.M. Chainnan Chong, Vice Chairman Tollini, Boardmembers Kricensky & Wilson ORAL COMMUNICATIONS Persons wishing to address the Design Review Board on any subject not on the agenda may do so under this portion of the agenda. Please note that the Design Review Board is not able to undertake extended discussion, or take action on, items that do not appear on this agenda. Matters requiring action will be referred to Town Staff for consideration and/or placed on a future Design Review Board agenda. Please limit your comments to no more than three (3) minutes. Any communications regarding an item not on the agenda will not be considered part of the administrative record for that item. STAFF BRIEFING (if any) OLD BUSINESS 1. 100 NED'S WAY: File No. T09-31; Hilarita-Tiburon Ecumenical Association, Owner; Community Development Director's Referral of a Tree Permit application requesting the removal of six (6) blue gum eucalyptus trees along the Tiburon Boulevard frontage of the Hilarita Apartments APN 058-151-39 [SA] Continued from January 21, 2010 NEW BUSINESS 2. 280 LOMA AVENUE: File No. 709140; John & Kathleen Goodhart, Owner; Additions with a Variance for Reduced Side Yard Setback and a Floor Area Exception; The applicant proposes to construct a 500 sq. ft addition, and a 408 sq. ft. basement addition to the existing single-family dwelling. A portion of the addition would encroach 6 feet 1 inch into the required 8 foot side yard setback. As the existing dwelling currently exceeds the maximum gross floor area, a Floor Area Exception has been requested. APN 059-132-03 [LT] Continued to March 18, 2010 3. 949 TIBURON BOULEVARD: File No. 710008; 949 Tiburon Boulevard Development LLC, Owner; Modifications to a previously approved single-family dwelling; The applicant is proposing several modifications including but not limited to: rotating and shifting the home, and modifying the exterior colors/materials from Mediterranean to a California Craftsman architectural style. APN: 058-121-29 [LT] Design Review Board March 4, 2010 Page 1 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Design Review Board March 4, 2010 7:00 P.M. 4. 2051 VISTAZO EAST STREET: File No. 709147; Lowell & Jacqueline Strauss, Owner; Mark & Lynn Garay, Appellant; Appeal of Planning Division decision to approve an application for construction of a six foot (6') high wood and wire deer fence. APN 059-082-28 [LT] Withdrawn MINUTES 4. Regular Meeting of February 4, 2010 ADJOURNMENT Design Review Board March 4, 2010 Page 2 DIGEST Ccomcast. February 17, 2010 Ms. Peggy Curran Town of Tiburon 1155 Tiburon Blvd. Tiburon, CA 94920 Dear Peggy Curran: California Region 3055 Comcast Place Livermore, CA 94551-9559 RECEIVED FEB 23 z010 TOWN MANAGERS OFFICE TOWN OF TIBURON I am writing to inform you that the final step of Comcast0s network enhancement in the Town of Tiburon will take place beginning on or after March 31, 2010. This means that customers will need to have an authenticating device, such as a digital cable box, digital adapter, or CableCARD for each television on which they wish to view any channels other than channels broadcast in analog (channels 35- 110). Customers whose televisions do not use an authenticating device by March 31, 2010 (or shortly thereafter) will only be able to view channels 2-34. In order to view any channels other than those broadcast in analog, an authenticating device as noted above is required. As always, if you have any questions or concerns, please do not hesitate to contact me at (925) 424-0207 (mitzi givens-russell(a~-cable.comcast.com) or Lee-Ann Peling at (415) 819-7016 (leeann pelingC@_cable.comcast.com). Sincerely, __bA__'_ Mitzi Givens-Russell Franchise Compliance Manager Comcast California F