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Home My WebLink AboutTC Digest 2010-01-29Q)F- TOWN COUNCIL WEEKLY DIGEST Week of January 25 - 29, 2010 Tiburon 1. Memo - Heidi Bigall/Peggy Curran - Mid-Year Budget Review - FY 2009/10 2. Letter - Peggy Curran - Request to Reclassify Angel Island as State Responsibility Area 3. Memo - Nicholas Nguyen - Engineering Study of the Flooding at Beach Road and Tiburon Blvd. 4. Letter - RBRA - Response Guideline for Waterfront Property 5. Commission/Board Vacancy - Design Review Board/Bel/Tib Jt. Recreation Committee 6. Commission/Board Vacancy - POST 7. Commission/Board Vacancy - Heritage & Arts Agendas & Minutes 8. Minutes - Design Review Board -12/3/09 9. Action Minutes #2 - Design Review Board -1/21/10 10. Meeting Cancellation - Town Council - 2/3/10 Regional a) Keys to Housing - EAH Newsletter - Winter 2009/10 b) Letter - Ross School District - Invitation to Judge Speech Tournament 'c) Annual Report - First 5 Marin - 2008/2009 d) Invitation - First 5 Marin - 9th Annual Breakfast - 4/30/10 'e) Invitation - Inaugural David Brower Dinner - 4/17/10 Aizendas & Minutes f) None * Council Only Date: To: From: Subject: January 28, 2010 Mayor and Members of the Town Council Heidi Bigall, Director of Administrative Services Peggy Curran, Town Manager Mid-Year Budget Review - FY 2009/10 C7jG,F~? Normally, the mid-year budget review is presented to the Town Council in early February of each year. Since every local agency faces unprecedented financial times, and the Town Council will not meet in February 2010, we have prepared the mid-year budget review for dissemination via the weekly Digest. BACKGROUND On June 17, 2009, the Town Council adopted a total budget of $20.7 million. The total budget is comprised of an $8.85 million Operating Budget, $270,000 in Capital Outlay, $10.9 million Capital Improvement Program, and $720,000 in Debt Service. The following analysis will focus primarily on the Operating Budget. As we are all well aware, the national economy has been suffering through its worst downturn since the Great Depression. The Town of Tiburon is not immune from the impacts of the current, deep recession. In adopting the FY 2009-10 Municipal Budget, the Town Council took the prudent position of reducing General Fund Operating revenues by nearly $200,000 and General Fund Operating Expenditures by $161,000 from the previous year's adopted budget. The adopted budget provides for a $15,830 operating surplus. ANALYSIS Through mid year, operating expenditures are at 39.6% of budget and expenditures are at 48.3% of budget. Historically, operating expenditures exceed revenues mid-year due to the timing of certain large revenue sources, and the payment of large expenditures such as Joint Power Authority and insurance premiums in the first few months of the fiscal year. The table below provides a comparison of the current operating budget at mid-year to last fiscal year. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town of hhuroil _January 21, 2010 Operating Budget Mid-Year Comparison FY 2009 and FY 2010 December 31, 2008 December 31, 2009 Variance Revenues $39876,154 $39508,215 $ 367,939) Expenditures $49186,270 $49272,827 $ 83,557 Operating Revenues Operating revenues are running significantly behind last fiscal year. Unlike recent economic downturns, this recession has affected nearly every source of revenue the Town receives. As illustrated in Schedule 1 of the attached financial report, staff projects operating revenue to be $52,425 more than budgeted which is approximately $550,000 less than last year's actual revenues. It is important to note that the current mid year revenues are skewed due to the Town receiving, after the close of this reporting period, $149,000 in securitized property taxes that normally would have been received in December from the County. Given this fact, revenues are actually running $218,000 behind last year. To further explain this trend, the table below illustrates last year's adopted budget and year-end actuals, and this year's adopted budget and year-end projections. Adopted FY 2008-09 Actual FY 2008-09 Adopted FY 2009-10 Estimated FY 2009-10 Operating Revenue $81,9225653 $994551,573 $8,857,590 $8,902,315 Though Property Taxes are anticipated to exceed budget by $200,000 this year, assessed valuation (AV) growth is at its lowest since 1987. The brightest news for the Town is that the adopted budget called for I% AV growth, but the actual will be 3.4%. Additionally, the ERAF rebate was budgeted to be $500,000, but will actually end the year at $636,000. These unbudgeted revenues compensate for the poor revenue performance in the other categories. The top six General Fund revenue sources account for 75% of all General Fund revenues. The chart below illustrates a seven year history for these key revenue sources, excluding secured property tax which would distort the chart. NN11n YLAR BUDGIFT RF\,iF\%, Pa;c 2 of h Town of Tiburon 111LUI-V 21. 2010 800,000 700,000 600,000 500,000 - '0000~1, ie~ 400,000 300,000 200,000 - T i ~ ~ moo ~oo 'Poo 'Po, q51 ~ 0 0 0 -*-Motor Vehicle In-Lieu - Sales Tax -IE-ERAF Rebate Hotel Tax Building Permits Both Motor Vehicle In-Lieu and ERAF revenues are tied to property assessed valuation growth. As this chart depicts, building permits, hotel tax and sales tax revenues reached their historical highs in FY 2008 or 2009 and are anticipated to end the current fiscal year at least 20% below those highs. Operating expenditures are exceeding last year by $83,000 at mid-year;, however, this is largely a timing anomaly. Since one-time large expenditures related to insurance premiums and JPAs are made early in the fiscal year, it is projected that operating expenditures will be below budget by $50,000, and below last year's actual by $118,883. Schedule 1 of the attached financial statements provides summary information on the Town's operating budget through December 31, 2009, along with Staff's revenue and expenditure projections at fiscal year end. This schedule shows that Staff projects operating revenues to be above budget by $52,425 and expenditures below budget by $85,636. These projections would change the operating surplus as budgeted from $15,830 to $138,061. I do want to note that included in this operating surplus is $252,000 in one-time revenues that were not anticipated or budgeted. Schedule 2 provides a detailed overview of Schedule 1. The projected overall revenue increase results from a combination of certain revenues performing better or worse than projected, the receipt of $178,000 related the Sylvia litigation settlement, as well as $74,000 in Community Development cost recovery that normally would have been recorded in previous fiscal years. The following narrative provides an explanation of projected changes in the major revenue categories. Property Taxes - Based on the first installment of secured property tax and ERAF payments, Staff is confident that total property tax revenues will exceed budget by $200,000. NJ 11) - YEA R 13 LTG FT R teA,i E\N, Pacyc 3 of fi TOmVn Of l ikffoll January 21, 2010 Other Taxes - Within this category both sales tax and transient occupancy tax are projected to be below budget. The budget called for $490,000 in sales tax and $450,000 in transient occupancy tax. Staff anticipates by year end these sources will be at $400,000 each. To put the sales tax projection into context, the last time the Town received less than $450,000 in a year was Fiscal Year 1997. Property Transfer Tax is tracking ahead of budget at mid-year and should end the year $15,000 ahead of budget. The latter indicates the housing resale market is beginning to stabilize. Franchise Fees - Franchise fees for cable, garbage and PG&E are tracking at budget. The Town receives franchise fees of 5% on cable services, 10% on garbage collections and 1% on energy consumption. Fines and Forfeitures - Interestingly enough, the economy appears to be having a positive effect on bad behavior, as parking, vehicle code and building violation fines will be approximately $75,000 below budget. This is also a reflection of reduced building activity. Investment Earnings - When the budget was adopted, Staff was anticipating an investment return of 1.75%. The current rate of return is 0.6%. This translates into investment earnings ending the fiscal year $77,000 less than budgeted. License & Permits - The largest revenue items in this category are building permits and design review. At mid year building permits are running at 42% of budget. Staff anticipates building permits will end the year 10%, or $50,000 under budget. This estimate does not take into consideration the potential, large permit fee for the Agassi property. Design Review is tracking at budget. Overall, Staff is estimating this category to end the year $95,300 below budget. Charges for Services - Staff anticipates that by year end this category will exceed budget by $58,400. This is due the previously mentioned $74,000 unanticipated Community Development Department cost recovery revenue. Other Revenue - Staff projects this revenue category will end the fiscal year $163,000 over budget. This is due to the receipt of $178,000 from a litigation settlement. Operating Expenditures Through mid-year, operating expenditures are at $4.28 million, or 48.3% of budget. Last fiscal year operating expenditures were at $4.20 million or 47.1 Table below compares last year's budget and actual to the current year's budget and estimate. Budget FY 2008-09 Actual FY 2008-09 Budget FY 2009-10 Estimated FY 2009-10 Operating Expenditures $899099080 $894993159 $8,8419760 $8,756,124 Operating expenditures are projected to end the fiscal year $85,000 below budget, although $256,000 higher than the previous year. This increase over last year can not be attributed to any one department; rather the increase is spread evenly across the board. Last fiscal year the Town NMIP-YLAR ELI'DGFT RF_vlF\V Paoc 4 of 6 Town of Tibu1-011 January 21, 2010 did have 3-4 positions that were not filled for portions of the year, which accounted for fairly significant salary savings. I Staff projects the Town Hall Facility division of Administrative Services will end the year $33,860 below budget. This is due to savings in the areas of office supplies, postage, and recruitments. The Planning and Design Review division will end the fiscal year $26,776 below budget due to not filling the Assistant Planner position that became vacant in November 2009. The Insurance and JPA division of the Non-Department budget will end the year $25,000 below budget due to savings related to the Town's liability and workers' compensation insurance. All other departments are projected to end the year at budget. Schedule 3 This schedule shows the beginning fund balance of the General Unallocated Fund and its reserves and the fund transfers that were authorized by Council effective July 1, 2009, with the resulting revised beginning fund balance. This is the annual reallocation of the operating surplus to the reserve funds for the purpose of Capital projects and funding future liabilities. Schedule 4 The Capital Improvement Program (CIP) is broken into three categories, Street Projects, Drainage Improvements, and Community Projects. Normally CIP projects are bid and construction completed in the second half of the fiscal year. Schedule A illustrates the approved Street Improvement Projects of the Capital Improvement Program. At mid year, the Town has expended approximately 41 % of the $2.4 million appropriation. Last year's carry over projects are almost complete and all remaining project should be under construction by fiscal year end. The only project that is not anticipated to proceed this year is the Cal-Trans project at Stewart Drive and Tiburon Boulevard for which the Town was to contribute $15,000 towards in-ground flashing beacons. Schedule B provides a review of drainage improvement projects. It is anticipated that all funds will be expended as these projects normally are bid and constructed in the late spring. Schedule C provides an overview of the Community Projects that were approved for the year. There are seven projects that are not anticipated to go forward this year and will most likely be carried forward into next years CIP. All other projects are projected to be completed as budgeted. Schedule 5 provides a fund-by-fund statement of activity, as revised by the mid-year projections and the fund balance at fiscal year end. The General Fund Reserves are projected to end the fiscal year with a total fund balance of $9,891,803. This is $911,259 less than the beginning balance and is due to the expenditure of General Fund reserves on Capital Projects. The remaining restricted funds will end with a total fund balance of $8,487,576, or $458,675 less than the beginning fund balance. kl11) YEAR BL' )GF-T R1=A'1F\V Paw 5 of 6 Town Of Tiburon ,January ?l, 010 Conclusion The Town of Tiburon is faring much better than many local agencies during the current economic crisis. Most would be happy to say that their Operating Budget will be balanced without using reserves, let alone have a projected surplus. However the days of old, when we experienced $1 million operating surpluses are gone, for the foreseeable future. There is still economic uncertainty ahead, but Staff will monitor our revenue and expenditures vigilantly and recommend adjustments if revenue sources do not stabilize. The next several years will probably prove more difficult in trying to maintain the current level of services while retirement costs increase and revenues remain flat or experience little growth. Submitted by: Heidi Bigall, Director of Administrative Services Attachment f N111) -YYAR ht'PGFT RFVI1-\V P~1gc o SCHEDULE 1. OPERATING BUDGET SUMMARY Period: July 1, 2009 to December 31, 2009 REVENUES & SOURCES OF FUNDS General Fund Revenues Use of Other Fund Sources 7,255,425 1,602,165 7,255,425 1,602,165 2,821,893 686,322 7,307,850 52,425 38.9% 1,602,165 - 42.8% Total Revenues $ 8,857,590 $ 8,857,590 $ 3,508,215 $ 8,910,015 $ 52,425 39.6% EXPENDITURES Town Administration 1,580,554 1,580,554 738,054 1,546,694 33,860 46.7% Community Development 1,067,667 1,067,667 500,804 1,040,891 26,776 46.9% Police Department 2,847,769 2,847,769 1,409,939 2,847,769 - 49.5% Public Works 1,266,566 1,266,566 570,290 1,266,566 - 45.0% Legislative 39,500 47,000 20,165 39,500 - 42.9% Non-Departmental 2,039,704 2,039,704 1,033,575 2,014,704 25,000 50.7% Total Expenditures $ 8,841,760 $ 8,849,260 $ 4,272,827 $ 8,756,124 $ 85,636 48.3% Total Operating Net $ 15,830 $ 8,330 $ (764,612) $ 153,891 $ 138,061 SCHEDULE 2. OVERVIEW OF OPERATING REVENUES & EXPENDITURES Period: July 1, 2009 to December 31. 2009 REVENUES & SOURCES OF FUNDS General Fund Revenues Property Taxes 4,009,475 4,009,475 1,447,189 4,209,500 200,025 36.1% Other Taxes 1,070,000 1,070,000 405,392 958,000 (112,000) 37.9% Franchises 450,000 450,000 82,820 450,000 - 18.4% Fines & Forfeitures 175,000 175,000 41,279 100,000 (75,000) 23.6% Investment Earnings 182,400 182,400 34,724 105,000 (77,400) 19.0% Intergovernmental & Agency 88,800 88,800 36,603 79,500 (9,300) 41.2% Licenses & Permits 922,150 922.150 324,667 826,850 (95,300) 35.2% Charges for Services 266,600 266,600 206,940 325,000 58,400 77.6% Other Revenues 91,000 91,000 242,279 254,000 163,000 266.2% Subtotal General 7,255,425 7,255,425 2,821,893 7,307,850 52,425 38.9% Use of Other Fund Sources Employee Comp Leave Reserve Police SLESF/COPS Fund 100,000 100,000 64,388 100,000 64.4% Low/Moderate Housing Fund 24,725 24,725 4,152 24,725 - 16.8% Long Range Planning Fund 25,000 25,000 - 25,000 - 0.0% Town Owned Housing Fund 59,500 59,500 29,149 59,500 - 49.0% Peninsula Library JPA Fund 1,377,490 1,377,490 587,284 1,377,490 - 42.6% Cypress Hollow LLD 15,450 15,450 1,349 15,450 - 8.7% Subtotal Other Fund Sources 1,602,165 1,602,165 686,322 1.602,165 - 42.8% Total Revenues & Funds 8,857,590 8,857,590 3,508,215 8,910,015 $ 52,425 39.6% EXPENDITURES Town Administrative Services Administration 946,426 946,426 444,178 946,426 - 46.9% Legal Services 435,828 435,828 234,999 435,828 - 53.9% Town Hall Facility 198,300 198,300 58,877 164,440 33,860 29.7% Community Development Planning & Design Review 528,815 528,815 256,440 501039 26,776 48.5% Building Inspection 513,852 513,852 244,364 513,852 - 47.6% Advanced Planning 25,000 25,000 - 25,000 - 0.0% Police Department Police Services 2,776,769 2,776,769 1.383,539 2,776,769 - 49.8% Police EOC/Facility 71,000 71,000 26,400 71,000 - 37.2% Public Works Administration 307,207 307,207 144,916 307.207 - 47.2% Streets Maintenance 453,699 453,699 204,341 453.699 - 45.0% Parks Maintenance 381,660 381,660 166.531 381.660 - 43.6% Street & Signal Light System 37,400 37,400 15.688 37,400 - 41.9% Corporation Yard 86,600 86,600 38,814 86,600 - 44.8% SCHEDULE 2. OVERVIEW OF OPERATING REVENUES & EXPENDITURES Period: July 1, 2009 to December 31, 2009 Le islative Council, Boards/Commissions 39,500 39,500 20,165 39,500 - 51.1% Non Departmental Insurance & JPAs 577,989 577,989 412,990 552,989 25,000 71.5% Town-Owned Housing 59,500 59,500 29,149 59,500 - 49.0% Low-Moderate Income Housing 24,725 24,725 4,152 24,725 - 16.8% Belvedere-Tiburon Library Agency 1,377,490 1,377,490 587,284 1,377,490 - 42.6% Total Expenditures 8,841,760 8,841,760 4,272,827 8,756,124 85,636 48.3% OPERATING NET: 15,830 15,830 (764,612) 153,891 138,061 00 ' ~ 00 00 M O ^ M V> .-O O O ~O N N ~ O~ oo O 110 00 \ oo O O O O ~ -r M O r- O 00 M't G O O N O ^ O ~ 1~0 O O. - - O O O O. M N m110 O M 110 W) 0 0 tr) 0 O N N M V) M 00 kr)^ ^ M 00 M N ^ O O O O O O O O O O O N N M w j Ca x U Cl) 0' ' 0 0 0 ' O ' O O O O O O O O O O O O O O o O A ~ O L6 O r76 N ~ M z a N U Ca O o Q O N L=, O z H 00 00 00 M O Mkr) O O O N D\ oo O ~ 00 ~ 00 O O O O ^ ^M O O o0 M Ct O O O N ~ioooool d' E > C4 z; Ct a~ w a w o a~ ~ a, c. C~ Q cc ' p. 'mac, ~ u. O....~' U • ~ un ct ou, z ~.~UE-- wwaav~C)aC) ~ W c a~ v a~ N O ri O 00 O 69 z~ w a~ a~ 0 SCHEDULE 4-A. CAPITAL IMPROVEMENT PROGRAM STREET IMPROVEMENT PROJECTS Period: July 1, 2009 to December 31, 2009 1 ' • PMS List - Phase 1 Various Locations • • f• l Gas Tax : 796, li- f 000 296,000 20 Street Im act Fund 000 178,632 100,000 Federal Stimulus 200,000 200,000 112,000 GF Streets & Drainage 154,000 30,749 2 Streets from PMS List FY 2009 Carry Over Various Locations Gas Tax 180,000 TCR Funds 20,000 Pro 1 B 100,000 3 Mar West Phase 11 Es eranza to Paradise State Pro 1B 300,000 300.000 200,000 4 Failed Streets Phase Engineering/Construction Street Impact Fund 360,000 360,000 5 Failed Streets - Carry Over FY 2009 Engineering/Construction Street Impact Fund 360,000 4 Safe Routes to School - Del Mar Striping, Signage & Curb Enhancements Safe Routes to School Grant 172,000 2,808 250,000 5 Contingency Street Repairs Emergency Non-Scheduled Repairs Gas Tax 20,000 15,000 6 Tiburon Blvd. @ Stewart Dr. Contribution toward In- round Flashing Beacons Circulation System 15,000 - 7 Traffic Calming Various Locations - Si a e GF Streets & Drainage 8,000 695 5,000 8 Foundation Repair Paradise Drive 2000 GF Streets & Drainage 50,000 100,000 TOTAL STREET PROJECTS $ 2,435,000 $ 1,008,884 $ 1,142,020 SCHEDULE 4-B. CAPITAL IMPROVEMENT PROGRAM DRAINAGE IMPROVEMENT PROJECTS Period: July 1, 2009 to December 31, 2009 TOTAL DRAINAGE PROJECTS 215,000 $ 34,994 $ 215,000 SCHEDULE 4-C. CAPITAL IMPROVEMENT PROGRAM COMMUNITY DEVELOPMENT PROJECTS Period: July 1, 2009 to December 31, 2009 Nil, M . 1 Del r Construction District Funds 7, l 82,000 2 L f Drive Formalize Parkin Lot GF Streets & Drainage 370,000 7,719 370,000 Lower Racoon, Cayfor, Non-Motorized 3 Jefferson Lane, Path and Steps Transportation Gran 285,000 3,520 285,000 San Rafael Avenue Tiburon portion of 5 Seawall Belvedere Project GF Park Development 40,000 - GF Infrastructure & 6 Median Maintenance Various Locations Facility 30,000 2,667 15,000 Open space GF Open Space 8 Management Vegetation Clearance Management Fund 30,000 7,000 30,000 Open Space GF Open Space 9 Management Plan Consultant Services Management Fund 10,000 4,000 5,000 PDrive GF Infrastructure & 10 Maintenance A mt. Consultant Services Facility 10,000 - - General Fund $37,500 11 Recreation Master Plan Consultant Services Belvedere $12,500 50,000 - 50,000 12 Curb Rams Various Locations GF Streets & Drainage 15,000 15,000 GF Infrastructure & 13 Town Hall Interior Painting Facility 20,000 20,000 GF Infrastructure & Town Hall HVAC Improvements Facility 10,000 - - New Public Works GF Public Works Corp 14 Co Yard Detailed Design Drawings Yard Fund 120,000 - - GF Infrastructure & Railroad Marsh Bi-Annual Maintenance Facility 20,000 - 20,000 Planting & Path 15 Belveron Mini-Park Restoration GF Park Development 20,000 - 20,000 16 1 Blackie's Pasture Irrigation Upgrade GF Park Development 12,000 - - 17 131ackie's Pasture Restore Bride GF Park Development 8,000 - - TOTAL COMMUNITY DEVELOPMENT PROJECTS $ 8,232,000 $ 17,187 $ 830,000 SCHEDULE 5. STATEMENT OF FUND RESOURCES Period: July 1, 2009 to December 31, 2009 Estimated to June 30th 2009 GENERAL RESERVES General Unallocated $ 3,261,128 7,307,850 7,153,959 50,000 - 103,891 $ 3,365,019 Capital Equipment Replacement 245,179 122,200 144,000 - - (21,800) 223,379 Infrastructure & Facility 786,088 - - 75,001 250,000 174,999 961,087 Employee Compensated Leave 366,773 - - - 366,773 Employee Housing Assistance 800,000 - - 800,000 Open Space Management 59,206 - - 35,000 - (35,000) 24,206 PW Corp Yard Replacement 2,161,383 - - - 2,161,383 Park Development 539,861 305,000 285,000 (20,000) 519,861 Self Insurance 101,465 - - 101,465 Drainage Improvement 1,461,581 600,000 759,000 159,000 1,620,581 Disaster Response 100,000 - - 100,000 Other Post Employment Benefits 150,000 - 150,000 Traffic System 450,000 - - 450,000 Technology Fund 320,398 125,000 123,850 - 1,150 321,548 Total General Fund $ 10,803,062 7,430,050 7,297,959 1,065,001 1,294,000 362,240 11,165,302 OTHER RESTRICTED FUNDS Belvedere/Tiburon Library Agency $ - 1,377,490 1,377,490 - $ - Cypress Hollow LLD $ 70,874 17,000 15,540 15,450 - (13,990) $ 56,884 Heritage & Arst Project Fund $ 12,262 1,000 1,000 $ 13,262 Town Owned Housing Fund $ 114,447 77,400 59,500 17,900 $ 132,347 Low & Moderate Housing 1,327,888 12,000 24,725 - - (12,725) $ 1,315,163 Open Space Acquisition 189,407 1,900 - - - 1,900 $ 191,307 Police Asset Forfeiture 88 - - - - - $ 88 Police Suppl Law Enforcement 37,919 100,000 100,000 - - - $ 37,919 Police Tech - - - - $ - Property Development Tax 4,349 40 - - - 40 $ 4,389 State Gas Tax 457,935 190,000 420,000 - (230,000) $ 227,935 State Traffic Congestion Relief 32,893 - - - - - $ 32,893 State Proposition 1 B Funds 405,003 - - 400,000 (400,000) $ 5,003 Street Frontage Improvement 2,416 - - - - - $ 2,416 Tiburon Circ System Improvement 27,771 - - - - - $ 27,771 Tiburon Drainage Impact 206,417 60,000 15,000 45,000 $ 251,417 Tiburon Long Range Planning 150,811 32,000 25,000 - - 7,000 $ 157,811 Tiburon Parks In-Lieu 1,347 - - - - - $ 1,347 Tiburon Planning Area Mitigation 176,910 1,800 - - - 1,800 $ 178,710 Tiburon Playground Improvement - - - - - - $ - Tiburon Street Impact 1,647,118 325,000 - 920,000 - (595,000) $ 1,052,118 Lyford Cove Underground A/D 904,061 - 904,061 (904,061) $ - Del Mar Underground A/D 4,105,695 45,000 - 45,000 $ 4,150,695 Total Other Funds $ 9,875,611 2,240,630 1,602,255 2,674,511 - (2,036,136) $ 7,839,475 REDEVELOPMENT AGENCY General Increment $ 290,080 9,000 4,500 - - 4,500 $ 294,580 Housing Set-Aside 1,518,508 42,040 1,816 - - 40,224 1,558,732 Total Redevelopment $ 1,808,588 51,040 6,316 - - 44,724 $ 1,853,312 Town of Tiburon - 1505 Tiburon Boulevard - Tiburon, CA 94920 - P. 415.435.7373 F. 415.435.2438 - www.ci.tiburon.ca.us January 29, 2010 Mr. George Gentry Executive Officer Board of Forestry and Fire Protection P.O.Box 944246 4. R Sacramento, CA 94244-24608, ~*Dear Mr. Gentry: I write to request your assistance regarding Angel Island. As you may know, Angel Island is a California State Park located within the boundary of the incorporated Town of Tiburon. It is in the San Francisco Bay just across the sometimes treacherous Raccoon Strait from the Tiburon peninsula. rr Alice ,Fredericks Mayor M:iles'Berger Vice Mayor Dick-Collins Couacilmember Toth Grata Coumc m' ember Jeff Slavitz Councilmernber When Angel Island experienced a significant fire a little over one year ago, Cal Fire responded along with all the fire districts in the region. Cal Fire was particularly helpful in that it has the right equipment, such as helicopters and other air craft, to effectively attack an island wildfire. Afterward, when the various districts sorted out expenses for the fire suppression, it came to light that no district or entity considered Angel Island to be within its territory. Neither the Tiburon Fire Protection District nor Southern Marin Fire District, both of which cover portions of Tiburon, have Angel Island within their boundary. Cal Fire similarly determined that it was not their territorial responsibility, although they did end up covering most of the costs for suppression. What we learned during this episode is that Angel Island, because it is within the borders of the Town of Tiburon, is considered by the state to be Local Responsibility Area (LRA) rather than State Responsibility Area (SRA). Cal Fire has responsibility for fire suppression on SRA lands. Thus, Angel Island is not covered by any local district, and it is not covered by Cal Fire. It is a no-man's land right now, literally and figuratively an island with regard to fire protection coverage. I write to request that Angel Island be reclassified as SRA. There is a strong basis for this. While within the defined border of the Town of Tiburon, the Town has no land use over Angel Island because it is entirely a state park. In fact, the Town has NO control over the park whatsoever. We do not issue permits, conduct inspections, pass or enforce ordinances or do any of the things that are normally the purview of local government. Nor do we police it. Each of these things, indeed virtually everything that occurs on the island, is controlled by the State of California. Additionally, the State can create fees or charge visitors for services to cover costs of suppression, whereas the Town, again, lacks the authority to do so. The State can set and enforce whatever safety standards it believes appropriate to manage risk. Margaret A.. Curran Town Manager Our lack of control deprives us of any ability to manage fire risk. We have no jurisdiction to set and enforce fire protection standards; we cannot even pass or enforce an ordinance about campfires or outdoor cooking facilities! Because the island functions as a creature of the State of California, the State should provide fire suppression services as it does to SRA areas. There are also practical reasons for Angel Island to be SRA. Cal Fire is the logical responder as they are the only agency with all the necessary expertise, person-power and equipment to mount an effective attack. Cal Fire officials have agreed with Tiburon that it snakes sense for Angel Island to be SRA, and Cal Fire representatives have advised us they will respond in any case if fire breaks out through a wildland contract. In short, when it comes to Angel Island the State of California: makes all land use decisions establishes building standards and conducts inspections establishes and enforces all rules sets and collects fees from visitors provides security Thus, while the Town of Tiburon may have bragging rights that beautiful and historic Angel Island lays within its border (a fact of the 1964 incorporation of the Town) the reality is that it functions wholly as a State Park. It is neither reasonable nor fair for Tiburon to have responsibility when it has neither control nor authority. We seek your intervention and assistance to remedy this situation by finding the path to have this property, a jewel in the Bay, declared SRA. Its unique circumstance invites unique treatment. Thank you in advance for your consideration of this matter. If there is anything we can do to assist you further please do not hesitate to contact me at 415-435- 7383 or pcurrangci.tiburion.ca.us. We are grateful for your help. Best regards, Marga t A. Curran Town Manager cc: Ernie Loveless, Cal Fire Unit Chief Tim Streblow, Cal Fire Deputy Chief Ken Massucco, Marin County Fire Chief Richard Pierce, Tiburon Fire Protection District Chief Tiburon Mayor and Town Council Ruth Coleman, Director, California State Parks David Matthews, Park Superintendent, Angel Island Honorable Mark Leno, California State Senator Honorable Jared Huffman, California State Assemblymember TOW O Tff;''R(_; PAGE 2 of 2,1 Town of Tiburon MEMORANDUM TO: Peggy Curran, Town Manager DIGEST 3- FROM: Nicholas Nguyen, Director of Public Works CC: Joel Brewer, Matt Swalberg SUBJECT: Engineering Study of the Flooding at Beach Rd and Tiburon Blvd DATE: January 28, 2010 The engineering study of the occasional and recurring flooding at Beach Road and Tiburon Boulevard has been completed by one of our engineering service firms, Harrison Engineering. After a comprehensive assessment that included field review, elevation survey, and computer modeling, the firm has validated a common suspicion that tidal actions play a large part in the flooding. Moreover, it was determined that the elevation at this intersection is lower than the mean high tide elevation. In other words, the intersection would flood even without any rains during mean high tide unless the existing storm drain tidal flap gates were not in place and functioning. As a result of a low ground elevation and tidal influences, it was concluded that the intersection would generally flood to some degree during a 10-year storm event (i.e. a storm magnitude that has a 10 percent probability of occurring) even when tide elevation rises just higher than the mean lower-low water level of 1.09 feet (i.e. the average of the lowest tides of each tidal day) above the National Tidal Datum Epoch. To prevent the flooding, it was recommended that a new drainage line be installed for the intersection and a pump station built with an outfall through the sea wall at Main Street and Beach Road near the boundary with the City of Belvedere. The cost to do so is estimated to be $518,000. From staffs perspective, the flooding has been more of a nuisance than a specifically identified hazard. Within the past 3 years, we have not received any requests from the public to address it, nor have there been any traffic accidents attributable to it that Public Works know of. Considering the cost to eliminate all flooding from this location and the lack of any perceived problem, we may wish to defer this project indefinitely. DIGEST ,y RICHARDSON'S BAY REGIONAL AGENCY Dear West Shore Road Resident, Living on the waterfront exposes you to a very dynamic natural environment. As many of you who have lived in the area for some time can attest, wind-driven debris or vessels are an unavoidable fact of life on the windward shore during storm events in Belvedere. In response to concerns, the Richardson's Bay Regional Agency (RBRA) has developed a program to enhance its vessel and debris interception capabilities. The program does not create any duty on RBRA's part, but increases the likelihood of intercepting a vessel or debris before it contacts shore. As Harbor Administrator for the RBRA, I have put together a response guideline for persons who have waterfront property that is exposed to wind-generated debris or a vessel that is adrift. Upon becoming aware of this circumstance, you should first attempt to contact me directly. If at all possible, I will intercept the vessel or debris on the open water and safely remove the threat. If you cannot contact me, please use this list to call the open water responders and they will do their best to assist you. Our goal is to provide open-water interception at no cost to private parties. Our response time goal is 24 hours. However, this program has a small budget and its operation may be limited or curtailed. West Shore residents bear ultimate responsibility for dealing with any vessel, object, or debris that has drifted onto their property, including damages and the expense of having the vessel or debris removed. A good look-out can often forestall disaster! A vessel or debris that is adrift may be a hazard. Your call to emergency responders can avert property damage and salvage costs as well. Please report any such sightings quickly, even if you are not sure of the situation. The following are local emergency phone numbers to call: Business name Contact person Phone number Richardson's Bay Regional Agency Bill Price Harbor Administrator 415/ 971-3919 Dave's Diving Dave Gissendaner 415/ 385-5496 pager 415/ 838-0029 Parker Dive Service Tim Parker 415/ 331-0329 cell 415/ 740-1276 Local emergency Tiburon Fire District and Belvedere police 415/ 289-4141 Tiburon Fire District direct line 415/ 435-7200 Belvedere Police direct line 415/ 435-3266 U.S. Coast Guard Station Golden Gate 415/ 331-8247 County Sheriff Marin City sub-station Deputy John Harrison 415/507-4134 c/o Community Development Agency, 3501 Civic Center Drive, Room 308, San Rafael, CA 94903 Office 415/289-4143 Pager 415/451-9595 Cell 971-3919 Page 1 of 2 If debris or a vessel is has drifted onto your property, and you are unable to reach any of the above emergency responders, the best solution is for you to promptly contact a local salvage operator and make arrangements for them to remove the debris or vessel. Time is of the essence, because the longer the object stays in place, the more damage it may cause and difficult and costly it likely will be to remove. In the event an incident occurs, it is important that you always contact or leave a message with me, Bill Price the RBRA Harbor Administrator, at 415/ 971-3919. Since I am on call most of the week, I may be able to respond directly, keeping everyone's costs to a minimum. Regardless of the circumstances, I will be coordinating with local agencies and contractors concerning further work. In addition to notifying the Harbor Administrator, please also contact the Belvedere Police, the County Sheriff, and the Coast Guard if debris or a vessel drifts onto your property. This will alert responding agencies and allow them to determine the next steps. It is also essential in cases where your homeowner's insurance requires you to file a police report in order to document the accident. Please keep an eye on your neighbor's waterfront area as well. If your neighbor is away and debris or a vessel washes up on their property, you may be the first or only person to notice and be able to initiate a response in a timely manner. Work out a plan with your neighbors ahead of time so that everyone knows what to do if a problem should arise that requires a neighbor's assistance. Don't hesitate to contact me at 415/ 971-3919 or via the address listed below if you have any comments or questions. Bill Price Harbor Administrator Richardson's Bay Regional Agency c/o Community Development Agency, 3501 Civic Center Drive, Room 308, San Rafael, CA 94903 Office 415/289-4143 Pager 415/451-9595 Cell 971-3919 Page 2 of 2 SPECIAL VACANCY NOTICE On Town of Tiburon Boards, Commissions & Committees February 2010 DESIGN REVIEW BOARD - Statutory Authority: Section 3.02 of Tiburon Zoning Ordinance Term: Four years Purpose: The Design Review Board reviews and acts on applications for Site Plan and Architectural Review, which can include plans for new residential and commercial building, remodels, additions, accessory buildings, swimming pools, fences, decks, and other structures. This review includes both the site layout and architectural design characteristics of a proposal. Decisions of the Board are final, unless appealed to the Town Council. Qualifications: A licensed architect is preferred to this vacancy, although not required. Applicants should be residents of the Town of Tiburon and have an interest and time available to help promote the general welfare and aesthetics of the community through proper regulation of site planning and architectural design. Formal training, experience, or familiarity with architecture, design, and/or landscape architecture are preferred but not required. BELVEDERE/TIBURON JT. RECREATION COMMITTEE Statutory Authority: Joint Powers Agreement between City of Belvedere and Town of Tiburon Term: Two Years Purpose: The Committee is formed under a Joint Powers Agreement with the City of Belvedere and Town of Tiburon and is comprised of an equal number of Belvedere and Tiburon residents and a Reed Union School District Trustee. The purpose of the Committee is to oversee the Joint Recreation Department mission to provide quality recreational and educational programs that inspire and enrich the lives of children and adults in the community while maintaining a self-supporting agency. The Committee meets monthly and serves as a policy-setting and advisory board to both the Belvedere City Council and Tiburon Town Council. Qualifications: Applicants must be residents of the Town of Tiburon and have the interest, desire, and time available to serve for a full term, including attendance at regular meetings and other activities. The unscheduled vacancies on the Design Review Board and Jt. Recreation Committee have occurred as follows: Appointees 1) Frank Doyle Date Appointed March 2007 Date Resigned January 2010* Term Expires 2/28/13 2) Erin Tollini September 2002; *appointed to Tiburon Planning Commission January 2010* 2/28/10 Interested residents can contact Tiburon Town Clerk Diane Crane at 435-7377 for more information, or pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard. Applications are also on-line at www.ci.tiburon.ca.us (click on "Useful Forms"). Deadline for Applications = open until filled cc: Notice posted at Town Hall Published in the Ark on February 10, 2010 6- TOWN OF TIBURON SPECIAL VACANCY NOTICE On Town Commissions, Boards & Committees February 2010 Parks, Open Space and Trails Commission (POST) (Statutory Authority: Title I, Chapter 2, Article VI of the Tiburon Municipal Code; Town Council Resolution No. 22-2008) Purpose: This commission combines the duties of the former Parks & Open Space Commission and the ad hoc Bicycle-Pedestrian Advisory Committee. The POST Commission serves as the official Bicycle-Pedestrian Advisory Committee of the Town. Among its duties are to periodically review the Tiburon Bicycle & Pedestrian Master Plan and submit recommendations to the Town Council on bicycle and pedestrian-related matters. The POST Commission also periodically reviews the Parks and Recreation Element of the Tiburon General Plan, and makes specific recommendations to the Planning Commission and Town Council on policy matters pertaining to parks and/or open space lands under the jurisdiction of the Town, including their acquisition, maintenance, improvement and operation. The POST Commission assists with the organization of Town-sponsored events such as the Coastal Clean-up, public facility dedications and fund- raising events. The POST Commission coordinates with other boards and agencies on matters affecting the Commission's purview or jurisdiction. Membership & Qualifications: The POST Commission is comprised of five (5) members as follows: a) Four (4) members must live in the Town of Tiburon; b) One (1) member may live or work in the Tiburon Peninsula (including the Town of Tiburon, City of Belvedere, Strawberry, or any other unincorporated area of the Tiburon Peninsula). Terms: The term of office is four (4) years Meetings: The POST Commission meets bi-monthly, and may meet more or less frequently as deemed necessary to conduct its business. There are two vacancies on the Commission for Tiburon residents, as follows: Incumbent Appointed Date resigned Term expires Ralph Leighton August 2008 February 2010 2/28/10 Jill Sperber August 2008 February 2010 2/28/10 Interested persons can pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard, or download one from the Town's website, www.ci.tiburon.ca.us (click on "useful forms"). Contact the Town Clerk, Diane Crane Iacopi, at 435-7377, for more information. DEADLINE for Receipt of Applications = Februarv 19, 2010 Positions will remain open until filled. Notice Posted at Town Hall Notice to be published in The Ark on February 3 & 10, 2010. Cc: Marin Independent Journal TOWN OF TIBURON SPECIAL VACANCY NOTICE On Town Commissions, Boards & Committees February 2010 HERITAGE & ARTS COMMISSION - (Statutory Authority: Section 13B-2 of Tiburon Municipal Code) o% Purpose: The Heritage & Arts Commission works to preserve and protect those buildings, sites, works of art and other objects which have special historical, cultural or aesthetic character or interest to the Tiburon Peninsula. Appointees serve staggered, four-year terms. The Commission establishes educational programs and awards focusing on the unique history of the area. The Commission works on special community projects and events and is interested in planning events that would provide a forum for local artists to showcase their work. Qualifications: Town Council Resolution No. 3329, adopted on 5/5/99, states that "at least four (4) members shall be residents of the Town of Tiburon, two (2) may be residents of the City of Belvedere, and one (1) may be a resident of the unincorporated area of the Tiburon Peninsula." Applicants shall have the interest, desire, and time available to help promote projects related to the history and art of the Tiburon Peninsula. A formal art/history background is preferred but not required. There three (3) pending vacancies on the Commission are for Tiburon residents, however, two (2) of the incumbents are seeking reappointment. Appointee Date Appointed Date Resiened Term Expires 1) Margaret (Peggy) Bremer 8/01; 2/02; 2/06 February 2010 2/28/10 2) Dave Gotz 5101; 2/02; 2/06 N/A 2/28/10 3) Ida Mae Berg 5/06 N/A 2/28/10 Interested residents can pick up an application at Tiburon Town Hall, 1505 Tiburon Boulevard, or download an application at www. ci. tiburon. ca. us (link to "Useful Forms"). Deadline for Receipt of Applications: February 19, 2010 (Positions will remain open until filled.) Notice Posted at Town Hall Notice to be published in The Ark on February 3 & 10, 2010. Cc: Marin Independent Journal MINUTES #20 TIBURON DESIGN REVEW BOARD MEETING OF DECEMBER 3, 2009 The meeting was opened at 7:02 p.m. by Vice-Chair Tollini. A. ROLL CALL Present: Vice-Chair Tollini, Board Members Doyle, Kricensky and Wilson Absent: Chair Chong Ex-Officio: Associate Planner Tyler and Minutes Clerk Rusting B. PUBLIC COMMENTS - None C. STAFF BRIEFING 40/0 if Associate Planner Tyler stated the meetings on December 17, 2009 and January 7, 2010 have been canceled; the Board will reconvene on January 21, 2010. D. OLD BUSINESS BEFORE THE BOARD - None E. NEW BUSINESS BEFORE THE BOARD 1. 110 Gilmartin Drive Peterson New Single-Family Dwelling/ Floor Area Exception The applicant is submitting a request to construct a new single-family dwelling and several accessory structures with a floor area exception, on property located at 110 Gilmartin Drive. The property was previously addressed as 350 Round Hill Road. Currently the three-acre property is improved with a single-family dwelling, a secondary dwelling unit, an exercise building, and a tennis court, all of which would be demolished as part of the project. The proposal includes construction of a new single-family dwelling, an exercise studio, a pool house, a three-car garage, and a wet bar, swimming pool and spa, and a tennis court. The new dwelling would be primarily a single-story structure, but would also have a large below grade basement area and lower level living quarters. The main level of the home would include a master bedroom suite and sitting room, a family room, living room, dining room, kitchen, kitchen nook, three bedrooms with bathrooms and a playroom. Also located at the main level are a three-car garage, a mud/laundry room, an entry foyer and a large linear gallery space. Outdoor patio areas would extend out from the living room areas and master bedroom suite. An office and rooftop deck would be located above the master bedroom suite at a second story level. The lower level of the home would include a four-car garage, storage and mechanical areas, art storage, a second laundry room, a home theater and lounge area, and two bedrooms with bathrooms. In addition to the single-family dwelling, several detached accessory structures are proposed. An exercise building located north of the dwelling, would include a free weights room, a cardio room, a yoga platform and a bathroom. A pool house adjacent to the exercise building would contain two changing rooms with TIBURON D.R.B. MINUTES #20 12/3/09 bathrooms for those using the pool and tennis courts. A wet bar is also proposed, which is incorporated into a large storage area and a three-car garage, to be located north of the pool house and tennis court. It should be noted that this garage, storage area and wet bar are partially buried into the hillside, and incorporate a "green roof'. The proposed structures combined would result in lot coverage of 19,419 square feet, (14.53%) which is below the maximum permitted lot coverage in the RO-1 zone (15.0%). The proposed structures would result in a gross floor area of 18,593 square feet, which exceeds the maximum permitted floor area for a parcel of this size. The existing floor area on the property is 17,345 square feet. Properties which are greater than 60,000 square feet are permitted 8,000 square feet of floor area, and 750 square feet of garage area (not counted towards gross floor area). As the subject parcel size is 133,600 square feet (3 acres), the applicant is requesting to exceed the maximum permitted floor area by 10,593 square feet. Therefore a floor area exception has been requested. A color/materials packet has been submitted, which details various materials, textures and colors for the entire project scope. Actual samples of the colors and materials were available for review by the Board at the meeting. Jim Olsen, Architect, discussed the personality and philosophy of the project, stating it is a comfortable family home for 2 parents, 3 children, a dog, and 2 sets of grandparents that visit. One of the main goals is to have a lot of play area and open space around the house. They have tried to weave the architecture into the landscaping so that it is integrated, including the use of planted roofs. They have used natural materials and tried to take advantage of the views. Bob Jakubik, Architect, reviewed the property plan. Their strategy was to use the same basic footprint of the existing house and nestle it into the landscaping more than the existing house. There is a garage and swimming pool near the tennis court, an exercise building and they have removed the two-story guest house and replaced it with a garage and storage area tucked underground. Mr. Olsen reviewed the internal layout of the main house and said basic components include a living/dining/kitchen area, master bedroom suite, and children's bedrooms and guest rooms. There is an open courtyard to the north, surrounded by other areas of the house (powder room, garage, exercise room). The swimming pool and tennis court include changing rooms and there is an outdoor kitchen and storage area. The materials include a variety of stones and woods meant to blend in with existing natural elements of the site. There are grey and bronze metals meant to blend in with the surroundings and the sky. He presented some examples of houses in other areas that his firm has designed. Martha Rogers, Architect, discussed the sustainability elements of the project. The goals are to reduce the amount of energy and water used and to integrate any sustainable features into the architecture. The roof overhangs keep out the bright summer sun and glare and reduce cooling needed in the house. The house was designed to allow light into the space and windows to create natural ventilation. The house includes green roofs throughout the lower portions. They include solar panels to generate energy and are monolithic black surfaces. They are proposing to store the rainwater that comes off of the roof and reuse it for irrigation and grey water uses. They are looking at using the earth for geothermal storage. James Lord, Landscaper, said this is an amazing site and they have worked with the architects to come up with a plan that connects to the larger regional context. They have tried to use plant materials that are indigenous to this area and that do not use water. He went over the details of the landscape plan. There is an amazing open space system across the road, and they wanted to take the beauty of that character to create a meadow environment on the property. An olive orchard will be just inside the entrance, then fields of lavender, and a stone path that connects to the courtyard. The courtyard is surrounded by water TIBURON D.R.B. MINUTES #20 2 12/3/09 and will include water lilies, and will help with heating and cooling. It will also work to heat the pool; the heat of the water in the shallow courtyard will be filtered into the pool. The upper portion includes the pool and tennis court. There is a Japanese garden behind the yoga studio. A trail system will wrap around the entire property and enter different garden areas. They will replace the Pine trees on the property with new trees such as Dogwoods, Japanese Maples, and Oak trees. There will be a large lawn space surrounded by deciduous trees. The trees in the meadow will mostly be Coast Live Oaks to fortify the existing Oaks. They will be choreographed to protect views both inside and outside the site. The landscaping is shown together for 2 Gilmartin Drive and for 110 Gilmartin Drive. Myron Banks, Lighting Designer, said the lighting is very minimal. There are a lot of water features on the property and they plan to light the water using LED lighting, which is energy efficient. Mr. Olsen said they loved working on this project and they see this as creating a house for the future. This project weaves technology and age-old techniques to create a sustainable living space. Board Member Wilson asked about the intended use of the orchard, and Mr. Olsen said it will be for the family's use. Board Member Kricensky requested clarification of fencing and screening. Mr. Lord explained that the screening begins with a hedge at the front of the house and turns into a wall that runs around the property. There is a fire access gate at the top of the property. On the other side there is a wooden fence that is softer and will blend in with the landscaping. The public hearing was opened. Public Comments: Al Anolik said they are probably one of the property owners most affected by this project. Between 350 and 300 Gilmartin, there used to be a road but it was changed. He heard tonight the fence was going to be taken down and neighbors were concerned that would be used as an alternative road. He said it is very narrow, with no sidewalks and dangerous curves. He also expressed concern about the bottom of Gilmartin Court, where he will build his office cabana. That area has been eroded to such an extent that the fence in the area is hanging. He is concerned that water runoff from the project will further erode that area. He spoke with Public Works and they agreed to look at the area in more detail. He owns the lot at 210 Gilmartin and voiced concern with view corridors which now create a small area from the porch to see San Francisco. He loves the project, but does not want to see the previously agreed upon view corridors changed. He is also concerned about future units to be built in the lawn area. He likes the metal fence that currently exists around the property and does not want it to be replaced by a wall. Yvonne Picard thanked the Board Members and staff for coming to her property to view the impact on her property. She is concerned she cannot determine the impact on the privacy of her property without more information. She would like to see a rendering of what the completed project would look like regarding the trees that will be removed and planted. She has spoken to the landscape architect and he is willing to produce those drawings. She is also concerned about the property line and would like more information about the specific plantings that will replace the tree removals in that area. Susan Hawkes said she owns the property adjacent to 2 Gilmartin Court, and voiced concern about the 8 large leaf Maple trees and the impact they will have on views from her house. She asked for clarification of the location of planting of those trees as well as their height and width. She also asked that the storm drain not be removed because it drains the entire hill and requested story poles be erected to show the location of the planting of the large leaf Maple trees. TIBURON D.R.B. MINUTES #20 12/3/09 Len Yaffe explained that the view corridor from his house extends over the project and he is concerned the heights of the large leaf Maple trees will block his view of Mt. Tam. He would like to understand where the new Oak trees will be located on the property so he can assess the effect on the view from his house. Mr. Lord said they have looked at the large leaf Maple trees and acknowledged that the Sunset Garden Book specifies it will grow to 75 feet, but they never grow to that height. However, they would like to be good neighbors and are planning to substitute the large leaf Maple with another species that grows at maximum to 35 feet. The Oak trees are further down the slope and therefore will not impact views. The purpose of the trees is to screen other neighbors from the new construction, while also preserving views. The oak trees that will be planted will be 36 inch boxed trees, which are large. When they are placed they will discuss with neighbors to be sure they are screening the neighbors who need screening and not blocking views of other neighbors. They will be sure all of the neighbors are happy with the placement. Kathy Kennedy asked if the trees along the wall will be Japanese Maples and questioned their height. Mr. Lord said they are Strawberry trees and their maximum height is 25 feet. They want to be sure they are not obscuring any views and also provide privacy for the courtyard. Mr. Lord clarified the wall around the property is not concrete, but will be stone. It will blend in with the existing landscape and is earthen colors and made of real stone. Most of it will be screened by plantings. Board Member Doyle asked if the office is in the middle of a view corridor. Mr. Olsen said they plan to move the office to the area above the yoga studio by extending a walkway from the garage. If they place the office on the top of the building, the height is still lower than the current existing exercise room. Board Member Doyle questioned the timeframe to remove all of the existing materials, questioned how this will affect the neighborhood and how they will move the materials out. Mr. Jakubik said they plan to start construction in the spring. Some of the materials can be crushed and used for backfill on the site, therefore minimizing what will need to be removed from the site. Judith Thompson, Contractor, said they recycle everything possible. They plan to treat these as two houses with two site crews, and will do them concurrently. They will do the demolishing as quickly as possible. Board Member Doyle said there was also a concern about lighting, but they have answered it by describing the lighting as subtle. Board Member Wilson asked if there is any interior screening and light screening for the neighbors. Mr. Olsen said there will be interior screens for sun and privacy. Board Member Kricensky asked if the landscaping at 2 Gilmartin will be considered temporary, and whether it is being kept separate because it will be built on in the future. Mr. Olsen answered that this is probably the case. The public hearing was closed. Board Member Wilson said he inspected the site today, believes the property is gorgeous, and he likes the direction of the project. It is hard to make a decision on things like the fencing on Gilmartin and landscaping without story poles. He is hesitant on the size; in theory it fits on the property, but it allows an opportunity later for development. The request for a variance on the floor area ratio is over 100% and TIBURON D.R.B. MINUTES #20 4 12/3/09 he has never reviewed anything that size. He is concerned that additional acreage could be developed if the variance is granted. Board Member Doyle said the project seems massive, but it is deceiving. The newer house fits the site better than the existing house, since the existing house is more spread out on the site. He likes the direction of the project. A lot of the house is being put underground and so size is not as much of an issue. He is not as concerned that anyone will build additional structures on the site because of the character of the site. He thinks the project fits very well on the site. If the office is moved so it is not blocking the view, then he supports the project. Board Member Wilson pointed out the permit is 18 months and he thinks there is no way it will be completed within 18 months. Because they want to move quickly, they will start work at lam and work on Saturdays, which will bother the neighbors. Board Member Doyle said the hardscaping involves more steel and glass and will not create as much noise. Board Member Kricensky said he likes the house and the philosophy. Looking simply at numbers, the size of the house on the property is very large. However, if the lot was divided into three lots, and the maximum house was put on each lot, one could place a total of 19,000 square feet on the properties. In terms of the scale, it is within the limits. The houses surrounding it are on much smaller lot sizes and it is a different feel than those neighboring houses. He thinks it is sensitively placed. He thinks moving the office to the second story will help. The theater should be included in the square footage, especially when asking for the variance. Regarding lighting, Board Member Kricensky said having more fixtures of low lighting are more pleasing than larger floodlights. Most of the lights are low lighting and he is not concerned. He suggested finding out the elevation of the neighboring houses and communicate exactly where the trees will be located and how they will grow. He is concerned about the wall because the neighborhood has CC&Rs to not include walls. The neighborhood feels more open and neighborly because of the lack of such walls, he thinks the wall does not feel welcoming, and believed it would help to have some architectural breakup with some landscaping that becomes part of the wall. Vice-Chair Tollini agreed with Board Member Kricensky that the wall will create a different feel for the neighborhood. He suggested, given the vast size of the property and project, that having a solid wall with vegetation or architectural breakup, would be a good addition to the property. He pointed out the wall cannot be seen with the landscaping in front of it. Regarding the floor area exception, this is a massive house, but there is an existing house on the site that is already massive. He agreed with staff's conclusion that the variance can be approved because it is consistent with the site and neighborhood. He really likes the design. The amount of glazing and architectural articulation keeps the house from looking monolithic and bulky. He is concerned about the second story office. He thinks that is a great improvement, but he is hesitant to approve it without moving the second story office story poles. Vice-Chair Tollini also voiced concern about the trees, but noted there are some massive Pine trees that will be removed which will greatly improve the view corridor. He suggested seeing more landscaping in the southwest area of the property to shield the neighbor on that side. Board Member Doyle questioned what will happen to the chimney in the area where the second story office would go, and Mr. Olsen said they will remove it. Board Member Wilson said he is convinced on the square footage of the project after listening to other board members. He said the project is fairly doable, but he feels there is not enough information to approve it. He suggested removing the fence and using landscaping to shield the property. TIBURON D.R.B. MINUTES #20 5 12/3/09 Vice-Chair Tollini said he would like to see the revision showing changes fully documented before approving the proj ect. Board Member Doyle suggested there may be a way to break up the fence with some wood along the road. Board Member Kricensky supported making the fence more neighbor-friendly and stated that he really likes the house but wants to make sure the items they discussed are documented and that the applicant works with neighbors to settle their concerns. Board Member Doyle summarized the changes requested of the applicant: Full documentation for the new location of the office, more detail on the fence design, and descriptive renderings of the landscaping from select neighboring viewpoints. Vice-Chair Tollini said he would like to add more landscaping on the southwest side of the property, as well. Associate Planner Tyler addressed Mr. Anolik's concerns about view corridors and said the new house may be slightly shifted and there may be a different view blockage for 110 Gilmartin once 210 Gilmartin is developed. That will be reviewed again when 210 Gilmartin goes through design review. ACTION: It was M/S (Wilson/Doyle) to continue the application for 110 Gilmartin Drive to the January 21, 2010 meeting. Vote: 4-0. 2. 2 Gilmartin Court Peterson Fencing and Landscape Improvements The applicant is submitting a request to construct fencing and landscape improvements on property located at 2 Gilmartin Court. Currently the property is un-improved, and has remained vacant for some time. The proposal includes constructing a perimeter fence around the property, as well as new access and vehicle entry gates at the front of the property. The majority of the property would be graded and landscaped to tie into the larger landscape development concept for the adjacent property at 110 Gilmartin Drive. No structures are proposed. The public hearing was opened. Public Comments: Mark Singer, 5 Gilmartin Court, asked if the fence will also extend around 2 Gilmartin Court. Mr. Lord said the fence will extend around 2 Gilmartin, as well and they will take into consideration the comments from the DRB about the design of that fence at both 110 Gilmartin Drive and at 2 Gilmartin Court. Fred Pistilli, 1 Gilmartin Court, asked how much of an offset there will be between the fence and the curb. He is concerned about the collection of leaves, wood, and bark in that area. He also asked for clarification of who is responsible for maintenance of that area. Mr. Lord said the fence will be in the same location as the existing fence on the property line. There is a retaining wall in another area, and they will fix the grading in that area so no retaining wall is needed. It will be much cleaner than what currently exists. It will be located on the property line, set back from the curb. The public hearing was closed. TIBURON D.R.B. MINUTES #20 6 12/3/09 Board Member Kricensky asked if the erosion and drainage are Public Works issues. Associate Planner Tyler said Public Works is aware of the drainage issue and will make sure it is adequate. ACTION: It was M/S (Kricensky/Wilson) to continue the application for 2 Gilmartin Court to the January 21, 2010 meeting. Vote: 4-0. F. APPROVAL OF MINUTES #19 OF THE 11/19/09 DESIGN REVIEW BOARD MEETING Board Member Kricensky noted a change in Item E, paragraph 9: "roof' should be changed to "roofing material." ACTION: It was M/S (Doyle/Wilson) to approve Minutes #19 of the November 19, 2009 meeting as amended. Vote: 4-0. H. ADJOURNMENT The meeting was adjourned at 8:45 p.m. TIBURON D.R.B. MINUTES #20 7 12/3/09 9 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 ACTION MINUTES #2 TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL 7:00 PM Regular Meeting Design Review Board January 21, 2010 7:00 P.M. lop Chairman Chong, Vice Chairman Tollini, Boardmembers Kricensky & Wilson Boardmember Doyle Absent ORAL COMMUNICATIONS STAFF BRIEFING Associate Planner Tyler informed the Board that Boardmember Doyle would be joining the Planning Commission OLD BUSINESS 1. 110 GILMARTIN DRIVE: File No. 709095; Peterson, Owner; New Single Family Dwelling with a Floor Area Exception. The applicant proposes to demolish the existing single-family dwelling and accessory structures (17,345 sq. ft.) and construct a new single-family dwelling and accessory structures totaling 18,592 square feet. APN 039- 171-12 (Continued from December 3, 2009) [LT] Approved 4-0 2. 2 GILMARTIN COURT: File No. 709117; Peterson, Owner; Fencing and Landscape Improvements. The applicant proposes to install fencing and gates around this vacant lot, and landscape portions of the lot consistent with landscaping proposed for the owner's adjacent property at 110 Gilmartin Drive. APN 039-171-08 (Continued from December 3, 2009) [LT] Approved 4-0 NEW BUSINESS 3. 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 to 314110 MINUTES 4. Regular Meeting of December 3, 2009 Adopted 4-0 ADJOURNMENT At 8:52 PM Design Review Board January 21, 2010 Page 1 ro~ NOTICE OF MEETING CANCELLATION The regular Tiburon Town Council Meeting scheduled for February 3, 2010 has been cancelled. (The February 17, 2010 meeting may also be cancelled.) THE NEXT REGULAR MEETING is scheduled for WEDNESDAY, March 3, 2010, in the Town Council Chambers located at 1505 Tiburon Boulevard, Tiburon CA 94920. DIANE CRANE COPI, TOWN CLERK Posted at Town Hall cc: The Ark and Marin Independent Journal .4 TOWN OF TIBURON Regular Meeting Tiburon Town Hall Design Review Board 1505 Tiburon Boulevard February 4, 2010 Tiburon, CA 94920 7:00 P.M. AGENDA TIBURON DESIGN REVIEW BOARD CALL TO ORDER AND ROLL CALL Chairman Chong, Vice Chairman Tollini, Boardmembers Doyle, 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 NEW BUSINESS 1. 280 LOMA AVENUE: File No. 709140; John & Kathleen Goodhart, Owner; Additions with 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. 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 2/18/10 2. 77 ROUND HILL ROAD: File No. 20922; Mariner Homes, Owner; New Single-Family Dwelling with a Variance for Reduced Front Yard Setback. The applicant proposes to construct a new single-family dwelling (4,287 sq. ft.), with a Variance for reduced front yard setback (10' 7"). APN 058-301-36 [LT] MINUTES 4. Regular Meeting of January 21, 2010 ADJOURNMENT Design Review Board February 4, 2010 Page 1