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HomeMy WebLinkAboutTC Agd Pkt 2010-07-21TOWN OF TIBURON Regular Meeting Tiburon Town Fall Tiburon Town Council 1.505 Tiburon Boulevard July 21, 2010 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. Closed Session - 7:00 p.m. AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (7:00 p.m.) CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION Significant exposure to litigation pursuant to Section 45956.9(b): 1 case. CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Slavitz, Mayor Collins CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. 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 July 7, 2010 meeting (Town Clerk Crane Iacopi) 2. Town Investment Summary -Accept report dated June 30, 2010 (Director of Administrative Services Bigall) Ned's Way Joint Recreation Project Streamlining Ordinance - Adoption of ordinance establishing a streamlined development review procedure for the Belvedere-Tiburon Joint Recreation Committee's Ned's Way project and exempting the project from certain Town regulations (Director of Community Development Anderson) Address: 600 Ned's Way AP No. 058-151-27 4. Support for Proposition 22 - Adopt resolution in support of League of California Cities Ballot Proposition 22, "Local Taxpayers, Public Safety and Public Works Initiative" (Town Clerk Crane lacopi) 5. Voting Delegate at League of California Cities Annual Conference - Appoint voting delegate to represent Town of Tiburon at League of California Cities annual conference (Town Clerk Crane Iacopi) 6. 1490 Vistazo West Appeal - Adopt resolution granting appeal of Design Review Board decision to approve a request for site plan and architectural review to construct a new single-family dwelling, with variances for reduced side yard setback and excess building height (Planning Manager Watrous) AP No. 058-223-14 Applicants: Shadduck Appellants: Bernheim/Straub PUBLIC HEARINGS 1. Del Mar Valley 2010 Supplemental Utility Undergrounding Assessment District: Public Hearing, Talley of Ballots and Decision whether to Form the District (Town Attorney Danforth; Town Engineer Nguyen) Those homeowners who have not yet submitted a ballot, or those who wish to change their vote on the ballot already submitted, may do so at any time tip to the close of the Public Hearing. a) Project Summary. There will be a brief summary of the project and proposed financing by representatives of the proposed District and Staff. b) Public Hearing. Speakers will have three (3) minutes and will be asked to state their name, address and identify the property they own or represent within the proposed Assessment District. C) Submittal of Ballots. The Mayor will ask for the final submittal of ballots to the Town Clerk. d) Tabulation of Ballots. The Public Hearing will be closed and the Council will take a short recess to allow the Town Clerk time to open and tabulate the ballots. e) Results. Based upon the results of the balloting, the Town Council will then discuss the matter and determine how to proceed. If the Council decides to proceed with the formation of the Assessment District, it will adopt the following resolution: (i) A Resolution of the Town Council of the Town of Tiburon Overruling Protests, Approving Final Engineer's Report, Levying Supplemental Assessments without Modification, Approving and Ordering the Work and Improvements for the Utility Undergrounding Project, and Authorizing and Directing Related Actions with Respect to the Del Mar Valley 2010 Supplemental Utility Undergrounding Assessment District 2. General Plan Amendments - Consider adoption of amendments to the Tiburon General Plan regarding the Tiburon Ridge Trail alignment (Director of Community Development Anderson) 3. Parente Vista Precise Plan Development - Consider application to approve the Parente Vista Precise Plan to create two (2) single-family residential lots on a 10.2 acre site off Parente Drive and Antonette Drive (Planning Manager Watrous) Applicant: Lionel Achuck AP No. 038-111-16 4. 2 Miraflores Lane Precise Plan Amendment - Consider amendment to Miraflores Precise Plan to extend existing secondary building envelope to accommodate a proposed gazebo, fencing and outdoor barbeque area (Planning Manager Watrous) - continued without hearing until September 1, 2010) Applicant: Davoud Sadeghi AP No.: 039-271-21 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -July 9, 2010 • Town Council Weekly Digest -July 16, 2010 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- - 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Tow Hall and at the Belvedere-Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, wvNTNA7.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability-related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. CL-/ TOWN COUNCIL MINUTES Before its regular meeting on July 7, 2010, the Council conducted an interview for a vacancy on the Design Review Board. INTERVIEWS FOR BOARD AND COMMISSION VACANCIES - (7:15 p.m.) (Design Review Board - One Vacancy) • Linda Emberson, 686 Hawthorne Drive CALL TO ORDER Mayor Collins called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, July 7, 2010, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Fredericks, Fraser, O'Donnell, Slavitz Town Manager Curran, Director of Administrative Services Bigall, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Works/Town Engineer Nguyen, Town Clerk Crane Iacopi CLOSED SESSION ANNOUNCEMENT, IF ANY There was no closed session. ORAL COMMUNICATIONS Barry Crotty, Vice President of Frank Howard Allen (FHA), said that a video monitor had been installed in the Tiburon Boulevard office to display photographs of homes for sale. He said that the Town had sent a letter asking FHA to remove the monitor because it was not in compliance with the Town's sign ordinance. He asked the Council to reconsider this action, stating that this was not a sign because there were no messages displayed. He also said that it was far more tasteful to the previous display board and that it met the Town's sign ordinance criteria "to improve and preserve the aesthetics of the Town." Mr. Crotty said that he had sought the advice of Town staff before installing the sign and that he had not been told that it was an illegal sign. He said their contractor also received the same Town Council Minutes #xx -2010 xxxxxxx, 2010 Page I 1>!ffr mom advice. Mr. Crotty's office manager said that FHA was out of pocket $5,000 based on this assumption. John Sanford, 50-year resident, said the display monitor greatly improved the appearance of the building; he suggested that the Council find a creative way to allow it to remain in place. Mayor Collins asked whether the Council would like to agendize the matter for a future meeting. Councilmember Fredericks commented that the law underlying the Town's sign ordinance was "tricky" in that it could only speak to the types of signs allowed rather than content. She noted the great amount of time and study spent by the Council on the ordinance's recent adoption. Councilmember O'Donnell said that he would like to see the sign in person before commenting further on this issue. Councilmember Fraser said that while the sign ordinance was correct, there are sometimes miscommunications about process and procedure. He said that he, too, would like to see the sign and perhaps review the permit application. Director of Community Development Anderson noted that the Town would not have been able to accept a permit application because it was not a sign allowed under the Town's ordinance. Vice Mayor Slavitz asked FHA whether they had applied for a permit to install the sign. He was told that they did not. The Vice Mayor said that while he had been willing to revisit the issue, he was not willing to do so once he knew that FHA had not applied for a permit. Mayor Collins agreed. He also concurred with Councilmember Fredericks on the amount of time spent by the Council on the recent adoption of the ordinance. Town Manager Curran said that the FHA complaint was puzzling to staff and she apologized for any misunderstanding in the process. She reiterated the comments about the Town's inability to regulate commercial "speech" under the sign ordinance. She said that she would ask the Town Attorney to prepare a memo summarizing the issues for the Council. CONSENT CALENDAR 1. Town Council Minutes - Adopt Minutes of June 2, 2010 meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes -Adopt Minutes of June 16, 2010 meeting (Town Clerk Crane Iacopi) Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 2 3. Del Mar Valley Utility Undergrounding Supplemental Assessment District - Approve Agreement with Reed Union School District regarding payment of the RUSD Supplemental District Assessment (Town Attorney Danforth) 4. Purchase of Tax and Revenue Anticipation Note for Investment Purposes - Recommendation to authorize purchase of the $750,000 Town of Fairfax FY 2010-11 Tax and Revenue Anticipation Note (Director of Administrative Services Bigall) 5. Safe Routes to School - Accept Safe Routes to School Del Mar Middle School project and authorize filing of the Notice of Completion (Director of Public Works/Town Engineer Nguyen) 6. 2010 Annual Street Improvement Project - Approve Plans and Specifications For the 2010 Annual Street Improvement Project and Authorize the Solicitation for Bids (Director of Public Works/Town Engineer Nguyen) Councilmember Fraser asked to remove Item No. 4 from the consent calendar. Councilmembers Fraser and Fredericks made changes to the June 2 and June 16 minutes. MOTION: To approve Consent Calendar Item Nos. 1, 2, 3, 5 and 6, as amended. Moved: Slavitz, seconded by O'Donnell Vote: AYES: Unanimous ABSTAIN: Collins (June 2, 2010 Minutes) Discussion of Consent Calendar Item No. 4: Purchase of Tax and Revenue Anticipation Note for Investment Purposes - Recommendation to authorize purchase of the $750, 000 Town of Fairfax FY 2010-11 Tax and Revenue Anticipation Note (Director of Administrative Services Bigall) Councilmember Fraser expressed his discomfort in authorizing the purchase because he had read an article in the Marin Independent Journal that the Town of Fairfax had voted to become a guarantor of the Marin Clean Energy program in the amount of $100,000. Fraser wondered how Fairfax could be in a position to loan money to another entity at the same time it sought a loan from the Town of Tiburon. He said that he also discovered that the Town of Tiburon had been asked to be a guarantor of MCE but had declined on the grounds that it was not fiscally prudent at this time to do so. Had he known these facts, Fraser said, he might not have voted to support the recommended TRANs loan to Fairfax. Mayor Collins commented that it was more a case of the Town purchasing a note rather than making a loan, because the money was guaranteed by the Fairfax property tax receivable. Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 3 Councilmember Fredericks added that she heard the banks were no longer asking MCE for guarantors. However, she said that she voted in favor of the purchase because it met the Town's investment policy guidelines of safety and liquidity, and that the Town's Treasurer had also recommended its purchase, stating that it was not a risk to the Town. Councilmember O'Donnell asked if this was the start of a "rolling borrowing" request by the Town of Fairfax. Town Manager Curran said that she was unaware of any future requests and said that the recommended action did not make any pledges beyond this note. She said that Fairfax was one of many communities that utilized TRANs as a budgeting tool to balance cash flow. In response to the borrowing question, Mark Pressman, investment advisor for the Town of Fairfax, said that the Town would need to utilize TRANs for several more years because its revenues had not increased sufficiently due to the recession. Pressman noted that it did not matter what the Town committed its resources to, in this case, because the Town of Tiburon had first call on the property tax receipts. He also said that the Town of Fairfax planned to "go elsewhere" for its TRANs in the future. Councilmember Slavitz asked what the anticipated tax property revenue was. Director Bigall said that it was slightly in excess of $2 million. Councilmember O'Donnell said that while he believed the money was secured, he still thought that the Town of Tiburon should not become the "Bank of Tiburon" as a matter of policy. He said that Tiburon funds should be used for Tiburon purposes. Councilmember Fredericks said that she viewed it as an investment for the Town rather than a loan. Vice Mayor Slavitz agreed, stating that he still thought it was a great investment. Mayor Collins said that he would support the current TRANs purchase, but not future ones. MOTION: To approve the resolution authorizing the Fairfax TRANs purchase. Moved: Fredericks, Slavitz Vote: AYES: Collins, Fredericks, Slavitz NAYES : Fraser, O'Donnell ACTION ITEMS 1. Secondary Dwelling Units - Consider adoption of updates to the Town's Standards for Secondary Dwelling Units (Director of Community Development Anderson) Director of Community Development Anderson said that this was the final step in the "clean up" amendments resulting from the Town's recently revised Zoning Ordinance. He said these largely section number changes as a result of the new Zoning Ordinance or were required to achieve Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 4 consistency with State statutes. Anderson described the updates as minor and non-controversial in the view of staff. Councilmember O'Donnell asked about changes pertaining to the tree ordinance in Standard No. 10. Anderson said it had to do with the way the tree ordinance was written which would create a loophole for "undesirable" trees when an application for a secondary dwelling unit, which was largely ministerial in nature, was reviewed by the Town. This change addressed the tree issue in a way that would not allow "undesirable" trees to be planted without the requirement for a tree permit, while still honoring the State-required "ministerial" decision-making process for secondary dwelling unit applications, according to the Director. Mayor Collins opened the public hearing. There was no public comment. Mayor Collins closed the public hearing. MOTION: To adopt the resolution, as written. Moved: Slavitz, seconded by Fraser Vote: AYES: Unanimous 2. Design Review Board Vacancy - Consider appointment to fill vacancy on Design Review Board (Town Clerk Crane Iacopi) Council waived the staff report. MOTION: To appoint Linda Emberson to the DRB. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous PUBLIC HEARINGS 1. 1490 Vistazo West Appeal - Appeal of Design Review Board decision to approve a request for site plan and architectural review to construct a new single-family dwelling, with variances for reduced side yard setback and excess building height (Planning Manager Watrous) AP No. 058-223-14 Applicants: Shadduck Appellants: Bernheim/Straub Planning Manager gave the report and summarized the eight grounds of the appeal, as well as staff's responses. He said staff recommended that the Council uphold the Design Review Board's approval of the project and deny the appeal, with an added [DRB] condition that the drainage plan be submitted and meet criteria established by the Town Engineer. The Council asked a series of questions about the DRB review of the application, including the Board's response to the question of neighborhood character, view corridors, and privacy. Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 5 Mayor Collins asked whether this was the first application the Town had received to separate two structures (the response was that it was). Councilmember Fredericks asked whether a property owner with a non-conforming structure could be "grandfathered" into approval of another non- conforming structure. (Staff s response was not if the application was voluntary; the exception being a rebuild due to fire or other disaster.) Mayor Collins asked whether the drainage easement had been recorded and who the beneficiaries were. Director Anderson said that the 1962 subdivision map gave no indication. Planning Manager Watrous said that the current application called for relocation of the drainage easement. Councilmember Slavitz asked what would happen to the [attached] Sears' residence once it was detached. Watrous said that Condition No 19 of the DRB approval required that a complete engineering assessment be prepared and submitted prior to issuance of the building permit that would ensure the safety of the two homes. Councilmember O'Donnell asked whether the Town commonly asked for performance bonds to guarantee the [safety of the] work. Mr. Watrous said that this was an uncommon situation but that it could be required. Councilmember Fraser asked if the second homeowner would have to consent to the detachment. Watrous said that they would have to consent to the structural work and the exterior finish of their own home but because the Town could not necessarily prohibit the application on this basis, it might become a civil matter. He said that it was a question to be explored by the Town Attorney. Mayor Collins said the Town would want to require a performance bond or some mechanism that would indemnify it in the event that if allowed Party A went onto Party B's property and something happened. Watrous commented that the Town always makes sure the applicants mitigate or repair any damage that might occur before it finalizes a project. Councilmember Fredericks asked why the homes on that street were not townhomes. Watrous said that they were recorded as legally separate lots with zero lot line homes. Director Anderson said that this was a very unusual circumstance in that they were not developed as a common interest subdivision. Vice Mayor Slavitz asked about the work at 1470 Vistazo West. Watrous said that he was not familiar with that application; Anderson said that the applicants had only reinforced the home's foundation and not made any application to detach from the adjacent home. Mayor Collins opened the public hearing. Appellant Carl Straub gave a power point presentation which covered the grounds of he and his wife's appeal. He said that the 1962 subdivision had been built with the homes set back to ensure the views and privacy form the decks. He showed in his slides how the views and privacy of his Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 6 home would be impacted by the proposed dwelling. He said that the applicant's promise to plant or allow remaining trees to provide for screening was unrealistic. He said that the DRB did not address the unique features and characteristics of the neighborhood in its approval, and that it made an incorrect assumption regarding their privacy by allowing the angle of the house to be realigned. Mr. Straub said the applicants' plans to detach their home raised a number of legal issues. He also said that the application called for the existing drainage easement to be relocated. He provided copies of the CC&Rs to the Council which stated that no buildings or structures would be located on the other side of the existing easement. Straub said that the current application would violate their CC&Rs. Mr. Straub also noted the deterioration of the house because the applicants had not lived there for five to eight years. He said that mold had gotten into the house and threatened the adjoining structure. He asked whether the Town was in a position to condemn the dwelling. Mr. Straub said that many of these issues were unresolved and needed to be resolved prior to approval of any application. He asked the Council to overturn the DRB approval and require the applicants to preserve the existing footprint, view corridors, and neighborhood character. Mayor Collins opened the hearing to the applicant. Architect Carrie Shores, representing the applicants, gave the Council an update on the mold issue. Ms. Shores said that it had been completely remediated. She said that all that remained was a report from the air quality board. Ms. Shores said that the structural issues had been addressed and that a new frame system was proposed in order to meet seismic codes. She said that because the underlying structures of the homes were interconnected, they were not being completely separated. She said that the floor levels were consistent with the neighboring houses. She provided various drawings and handouts to the Council. Ms. Shores said that they had met with the Bernheim/Straub and Sears' families to discuss their issues. She said that there was only 17% glass facing the Bernheim/Straub residence and that the living room could not be seen from their residence. Vice Mayor Slavitz asked Ms. Shores if she had drawings that showed the "updated" views and sight line impacts. Ms. Shores said that she did not. Ms. Shores said that the new location of the drainage easement would allow the Sears' family to access their meters and underneath their home. In addition, the separation would allow them to shore up the carport wall and encase and support the exterior wall. She said that the Sears' views would be increased by the proposed separation of the structures. Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 7 Mayor Collins asked if the existing walls acted as shear walls now. Ms. Shores said that she did not know to what extent they were shear. The Mayor asked about skylights; Ms. Shores said the existing skylights would be replaced by clerestory windows. She also discussed other design features, such as the wood siding and stucco exterior of the proposed dwelling, which she said would match the stucco of an uphill residence. Landscape architect David Thorn also spoke on behalf of the applicants. He reviewed which trees would remain and which would be removed. He said that they had met with the Bernheim/Straub family to discuss their concerns and make improvements to the plan. Councilmember O'Donnell asked the applicant, Mr. Shadduck, about the guarantees he was making to the other two [attached] units and whether he had worked out the cost estimates for securing and seismically upgrading his home. Mr. Shadduck said that he could comply with the Town's rules that the project leave the surrounding areas no worse, or better, than before. He said that only the upper walls of the structure needed to be upgraded and that the main steel structure would be left in place. He said that while some of it would have to be cut, mostly they would take the same steel structure and reinforce it. Councilmember O'Donnell said that it seemed to him to be an enormous undertaking without knowing the costs and exactly what the project would entail. Mr. Shadduck said that he estimated $50,000 - $100,000 in engineering work. Mr. Shadduck also said that the easement was a private easement never accepted by the City [sic] as a dedicated easement. O'Donnell asked Mr. Shadduck why he had let the property deteriorate. Mr. Shadduck said that he had lived there since 1985 but that he was not comfortable after about five years with the seismic condition of the house. He commented that most 50-year-old houses needed to be upgraded. Town Manager Curran asked Mr. Shadduck whether he was willing to indemnify the Town in order to move forward with the project. He said that he was not prepared to comment on that subject. Mayor Collins opened the hearing to interested members of the public. Chuck Reite told the Council that he thought the core issues were being given short shrift in this application. He provided a letter to Council stating his points. He said that while his privacy and views would be impacted, the bigger issues, such as moving the drainage easement, were far greater. He said that the DRB seemed "cavalier" in their review of this totally unique situation. He said they especially missed the mark in their review of neighborhood character. Reite said that on the other hand, the owners of 1470 Vistazo West had improved the seismic condition of their home as well as adding square footage, without adversely impacting the adjoining homes. Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 8 Steve Sears, homeowner directly adjacent to the Shadducks, said that he and his family would be hugely affected by the project in many ways, including a long period of construction. While he said that the Shadducks and their architect had been very cooperative, Sears noted that they had let the property run down over the last five years. Sears said that the Shadducks had declined to participate in placing a new roof over the three connecting units which had led to the mold problems in their home and the Sears' home. He said if they couldn't afford a new roof, how could they afford to undertake such a large, complex project? Sears expressed concern that the DRB had "kicked down" the structural assessment to the Building Division; he said that any structural assessment would have to be to the satisfaction of the Sears family, as well. He said that he would like to see the structural reports. To address these issues, Sears said that he would like to have a performance bond and revolving letter of credit assigned to the project. He said he would not be in favor of the project until all these protections were put in writing. In addition, he said that he would like to be indemnified. Holly Hooker said she was dismayed by what she had heard tonight. She said the questions far outnumbered the answers. She said she did not understand the reason for separating the structures. Ms. Hooker said the photo montages of the new structure made it look massive, look like a three-story apartment building rather than a home that would fit in with the neighboring homes. Maureen Miekle said that the new development featuring lots of glass seemed incompatible to the neighborhood. She said that the trees would not survive the moving of the drainage inlet and that there would be difficulties in accommodating construction parking at the end of the street which bordered on the County open space. She said it also raised questions for her as to possible encroachment onto the open space by the new, larger structure. Mayor Collins asked for the appellant and applicant rebuttals. Carl Straub said the hearing clearly demonstrated the lack of information available about the project. He said that when he had a 22 x 40 foot deck built, he needed more structural drawings than were even available tonight. He said that the Vistazo West development was unique in California and should be maintained rather than allowing a "Walmart" to be built in the neighborhood. He said the [appellants'] view corridors could be protected by allowing fewer windows and less reorientation of the house. Finally, Straub said if the home was left attached, it would not affect he and his wife at all. As an attorney, Straub also recommended third-party agreements and other documentation, such as new OCRs, would be required if the project was approved. Mr. Shadduck agreed that the house had run down and that the deck was corroded and needed replacing. He said that Mr. Sears needed to do the same. He said that he and his wife planned to get the project going but needed to know whether they had Council approval before spending any more money on drawings or studies. He said that the owner of 1470 Vistazo West needed no Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 9 agreements with his neighbors to upgrade his home seismically; Shadduck said that "we're just trying to get more steel into ours." Mayor Collins closed the public hearing. Councilmember O'Donnell asked for reports or letters from a structural engineer to address some of the issues raised. Mr. Shadduck said that he had talked to three structural engineers who said the project design was feasible. Planning Manager Watrous noted that structural assessments were not required at the DRB level. Councilmember Fraser asked whether the 1470 Vistazo West project had to separate any walls. Mr. Shadduck said that they had chosen not to. Councilmember Fraser said that the entire project was difficult to understand and extremely incomplete. Councilmember Fredericks said that there seemed to be unknown consequences of the proposed project, and many disputes. She continued to express concern that the Town was also at risk. Town Manager Curran said that the Town clearly needed to be protected in this instance in order not to be drawn into any disputes between the neighbors; additionally, she urged the Council to seek an opinion from the Town Attorney that the Town would be protected if they chose to approve the project. Vice Mayor Slavitz commended Mr. Shadduck on wanting to improve the property. However, he said the proposed structure clearly seemed out of character with the neighborhood; he said he would love to see the two sets of three identical houses remain in place, and that the materials should match the existing wood, not stucco, as proposed. In addition, Slavitz said that 200 square feet of glass exacerbated the privacy concerns and that the necessity of getting neighbors to agree to the separation of the structures seemed to complicate everything. Councilmember O'Donnell said he agreed with the concerns expressed by Vice Mayor Slavitz and the appellants. He said that while the DRB did a great job, they "got it wrong" this time. Councilmember Fredericks concurred with Slavitz and O'Donnell. She said that while she thought the house design was attractive in and of itself, by placing it in that location, oriented in that way, it became disruptive and had a collateral affect on the privacy of the bedroom and decks of one neighbor. She said the existing trees would not do much to ameliorate this. She said that privacy could be defined, in this case, as the delta between the amount of glass in the existing house and the proposed house. Councilmember Fraser said that he was an advocate of a homeowner's right to improve their property and that he applauded owners who did so. He said that the Town of Tiburon was "lifted up" by this process. However, he said he was puzzled by the new issue of separation of the Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 10 buildings in this application. He said it would impact the entire neighborhood, and possibly, the CCRs. He said that the applicant had placed the cart before the horse because of the outstanding questions concerning engineering, easements, and neighborhood harmony. Mayor Collins said that the DRB did a good job for the Town but agreed that they "missed this one." He said that it was always nice to gain the consensus of the neighbors when you rebuild or remodel a home. The Mayor said that the glare of the windows, the orientation of the building, the drainage and easement questions, and the consent in writing from the adjacent neighbors, all must be addressed before the applicant could move forward. In addition, the Mayor said he agreed that an agreement must be reached with the Town regarding indemnification. MOTION: To direct staff to return with a resolution granting the appeal and denying the application; to be presented at the next Council meeting. Moved: Fraser, seconded by Slavitz Vote: AYES: Unanimous 2. Ned's Way Joint Recreation Project Site Streamlining Ordinance - Introduction and first reading of an ordinance establishing a streamlined development review procedure for the Belvedere-Tiburon Joint Recreation Committee's Ned's Way project and exempting the project from certain Town regulations (Director of Community Development Anderson) Address: 600 Ned's Way AP No. 058-151-27 Council waived the staff report. Mayor Collins opened the public hearing. There was no public comment. Mayor Collins closed the public hearing. MOTION: To read ordinance by title only. Moved: Fraser, seconded by Slavitz Vote: AYES: Unanimous Mayor Collins read: "AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING REVIEW AND DECISION-MAKING PROCEDURES FOR THE BELVEDERE-TIBURON JOINT RECREATION COMMITTEE PROJECT AT 600 NED' S WAY AND EXEMPTING SAID PROJECT FROM THE TIBURON ZONING ORDINANCE (TITLE IV, CHAPTER 16 OF THE MUNICIPAL CODE), THE TIBURON ENCROACHMENT ORDINANCE (TITLE V, CHAPTER 19 OF THE MUNICIPAL CODE) AND FROM THE ENCROACHMENT PERMIT POLICY ESTABLISHED UNDER TOWN COUNCIL RESOLUTION NO. 16-2010 AND ANY SUCCESSORS THERETO (ASSESSOR PARCEL NO. 58-151-27)." Town Council Minutes #xx -2010 xxxxxxx, 2010 Page I1 MOTION: To pass first reading of the ordinance. Moved: Slavitz, Fraser Vote: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz 3. Cypress Hollow Landscape & Lighting District (LLD) - Approve resolution continuing the Cypress Hollow LLD assessment in fiscal year 2010-2011 (Director of Administrative Services Bigall) Town Manager Curran said that this item came before Council annually. Mayor Collins opened the public hearing. There was no public comment. Mayor Collins closed the public hearing. MOTION: To adopt resolution continuing the assessment. Moved: O'Donnell, seconded by Fredericks Vote: AYES: Unanimous TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran distributed a letter to the Town's elected officials in Washington, D.C. opposing proposed legislation that would divert TOT collected by municipalities to on-line travel service companies. She said that this would result in loss of revenue to local municipalities. She asked for, and received, the Council's authorization to send the letter under the Mayor's signature. WEEKLY DIGESTS • Town Council Weekly Digest - June 18, 2010 • Town Council Weekly Digest - June 25, 2010 • Town Council Weekly Digest - July 2, 2010 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Collins adjourned the meeting at 10:34 p.m. RICHARD COLLINS, MAYOR Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 12 ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #xx -2010 xxxxxxx, 2010 Page 13 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Administrative Services Department Subject: Investment Summary - June 2010 Reviewed By: Town Council Meeting July 21, 2010 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 June 30, 2010. ANALYSIS Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $1598569596.34 0.528% Liquid Fund (LAIF) CDARS (Bank $ 2,521,666.87 0.40% July 7, 2010 of Marin CDARS (Bank $ 2,0189749.60 0.40% July 1, 2010 of Marin Housing note to $ 8009000.00 0.925% Based on Town Manager Contract Money Market $ 250,000.00 1.00% Liquid Bank of Marin Note to Former $ 35,811.94 5.55% June 1, 2017 Town Employee Total $2194829824.75 Redevelopment Agency Local Agency $191419276.65 0.528% 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 June 2010 investment summary Prepared By: Heidi Bigall, Director of Administrative Services To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting July 21, 2010 Agenda Item: cc,3 Subject: Adoption of an Ordinance Establishing a Streamlined Development Review Procedure for the Belvedere-Tiburon Joint Recreation Committee's Ned's Way Project and Exempting the Project from Certain Town Regulations; 600 Ned's Way; Assessor Parcel No. 058-151- 27 Reviewed By: BACKGROUND The Town Council passed first reading of this ordinance at its meeting of July 7, 2010, waiving all further readings. The ordinance now comes before the Town Council for adoption. This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. RECOMMENDATION Staff recommends that the Town Council approve final adoption of Ordinance No. 522 N. S. EXHIBITS 1. Draft Ordinance No. 522 N. S. Prepared by: Scott Anderson, Director of Community Development S: IAdministrationlTown CouncibStaff Reports 120101Iuly 21 DRAFTSWed's Way streamlining report2doc TOWN OF TIBURON PAGE 1 OF 1 ORDINANCE NO. 522 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING REVIEW AND DECISION-MAKING PROCEDURES FOR THE BELVEDERE-TIBURON JOINT RECREATION COMMITTEE PROJECT AT 600 NED'S WAY AND EXEMPTING SAID PROJECT FROM THE TIBURON ZONING ORDINANCE (TITLE IV, CHAPTER 16 OF THE MUNICIPAL CODE), THE TIBURON ENCROACHMENT ORDINANCE (TITLE V, CHAPTER 19 OF THE MUNICIPAL CODE)AND FROM THE ENCROACHMENT PERMIT POLICY ESTABLISHED UNDER TOWN COUNCIL RESOLUTION NO. 16-2010 AND ANY SUCCESSORS THERETO (ASSESSOR PARCEL NO. 58-151-27) The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. PURPOSE AND INTENT. The Belvedere-Tiburon Joint Recreation Committee (BTJRC) is a joint powers agency formed by the Town of Tiburon and the City of Belvedere that is primarily responsible for providing recreation programming services for the two municipalities, one such program being an after-school program for primary school-aged children, said program currently held on the grounds of the Reed Elementary School. The Reed Union School District recently provided formal notice to the BTJRC that as of autumn 2010, the school's facilities will no longer be available for use by BTJRC to house the after-school program. The BTJRC, Town of Tiburon, and City of Belvedere have engaged in an extensive search for replacement facilities for the after-school program, preferably within walking distance of the Reed Elementary School, from which comes most of the attendees in the after-school program. The Town of Tiburon owns a 2-acre parcel on Ned's Way, commonly known as 600 Ned's Way and further identified as Marin County Assessor Parcel 058-151-27, which is within short walking distance of Reed Elementary School has been identified as a possible location for the installation of new facilities (the "Project") that could house, among other things, relocated BTJRC after-school program facilities and BTJRC staff. While still in the early design stages and subject to change, the Project could include modular buildings for BTJRC use, including but not limited to the after-school program, BTJRC offices, and other programming. Associated improvements could include an approximately 30-car parking lot with entry and circular turn- around, outdoor play area, landscaping, fencing, and other ancillary items. The purpose and intent of this Ordinance is to streamline the permit review process for the BTJRC project on the 600 Ned's Way property by exempting it from certain Town regulations and consolidating review and approval processes with the Tiburon Town Council. Town of Tiburon Ordinance No. N.S. Effective --/--/2010 1 EXHIBIT NO.l, SECTION 2. FINDINGS. 1. The Town Council finds that pursuant to the provisions of Tiburon's zoning ordinance (Tiburon Municipal Code Title IV, Chapter 16), the Project would be required to secure various land development permits, including but not limited to conditional use permit approval by the Planning Commission, and site plan and architectural approval by the Design Review Board (DRB), prior to the issuance of a building permit. The Town Council also finds that pursuant to provisions of Tiburon's encroachment ordinance (Tiburon Municipal Code Title V, Chapter 19), the Project would require issuance of an encroachment permit and would be to subject to provisions of Resolution 16-2010 establishing a policy for the issuance of encroachment permits. 2. The Town Council finds it appropriate to adopt this Ordinance in order to establish a streamlined development review process and decision-making procedure for the Project for the following reasons: (1) the extraordinary public interest served by the Project; (2) the project would meet applicable general plan goals and programs regarding the BTJRC; (3) the need to preserve scarce public monies by minimizing the expense required of public projects to comply with the Town's laws and regulations while still meeting the intent thereof; and (4) the limited time-frame available before the start of the 2010-2011 school year to establish alternate facilities for the BTJRC after-school children's program. 3. The Town Council finds that the Ordinance is consistent with and would implement General Plan goals and programs. These include but are not limited to the following: PR-B: To anticipate population growth and to plan for and provide funds for the acquisition of adequate lands or installation of adequate facilities to address future parks and recreation needs of the community. PR-a: The Town shall continue to work cooperatively with the Belvedere/Tiburon Joint Recreation Committee. PR-b: Recreation programming should be responsive to and serve the needs, interests, and desires of the entire community. 4. The Town Council finds that similar streamlining processes have been adopted by the Town for other major public projects, including but not limited to the Belvedere- Tiburon Public Library building, Tiburon Town Hall building, and the Tiburon Police Department building. 5. The Town Council further finds as follows: (A) Notices of the public hearings on this matter were published in The Ark Town of Tiburon Ordinance No. N.S. Effective 442010 2 newspaper on May 26, 2010 and on June 16, 2010, and other noticing, including mailed notice, were provided as required by law. (B) The Planning Commission held a duly noticed and advertised public hearing on June 9, 2010, at which testimony was received from the public; and recommended adoption of the ordinance to the Town Council. (C) The Town Council held a duly noticed public hearing on July 7, 2010, at which it heard and considered public testimony on this item. (D) The Town Council finds that the proposed ordinance would be consistent with the goals, policies, and programs of the Tiburon General Plan, as set forth herein and in the Staff Report dated July 7, 2010. (E) The Town Council finds that the proposed ordinance is consistent with the objectives set forth in the Zoning Ordinance. SECTION 3. EXEMPTION FROM ZONING ORDINANCE. The Project shall be exempt from all provisions of the Tiburon Zoning Ordinance, codified as Title IV, Chapter 16 of the Tiburon Municipal Code. For purposes of compliance with state law, the Town Council shall act as the Town's planning agency with respect to the Proj ect. SECTION 4. EXEMPTION FROM ENCROACHMENT ORDINANCE AND P()T.TCTF.q _ The Project shall be exempt from all provisions of the Tiburon Encroachment Ordinance, codified as Title V, Chapter 19 of the Tiburon Municipal Code, and from all encroachment permit policies authorized by and adopted thereupon, including without limitation, Town Council Resolution No. 16-2010. SECTION 5. ENVIRONMENTAL DETERMINATION. Adoption of this ordinance has no potential to result in a significant impact on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines and is therefore exempt from the requirements of the California Environmental Quality Act. SECTION 6. REVIEW AND DECISION-MAKING PROCEDURES ESTABLISHED. Development applications for the Project shall be reviewed pursuant to the following procedures: (A) The Town Council shall hold one or more public meetings to review and, if appropriate, approve or conditionally approve the site plan and architectural drawings for the project. This review shall include, but not be limited to, the building additions, landscaping, parking and other ancillary improvements. In conducting its review and Town of Tiburon Ordinance No. N.S. Effective --/--/2010 3 evaluation of the Project, the Town Council shall utilize those standards and criteria that the Planning Commission and Design Review Board would have normally applied absent the adoption of this streamlined processing procedure. (B) At any time during the process, the Town Council may, as deemed appropriate, refer the Project to the Planning Commission, Design Review Board, or any other Council-appointed Committee for that body's expeditious review and comment. Any such referral shall be at the Town Council's sole discretion and such referral shall not confer the role of "advisory" body upon the Board, Commission or Committee to which the Project is referred for review and comment, and comments shall not be binding on the Town Council. (C) The Project shall be subject to review and compliance with the California Environmental Quality Act (CEQA). The Town Council shall be the sole review authority for the Project and there shall be no "advisory" body to the Town Council for CEQA purposes. (D) Prior to any work on the site, the project sponsor must apply for and the Town Building Official must review and issue any building permits required by law for the Project. SECTION 7. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published, with the names of the members voting for and against it, at least once in a newspaper of general circulation in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on July 7, 2010 and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES: COUNCILMEMBERS: Town of Tiburon Ordinance No. N.S. Effective 442010 4 NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: WdministrationlTown CouncillStafj°Reports 12010Vuly 21 DRAFTSIneds way streamlining ordinance 522 NS.doc Town of Tiburon Ordinance No. N.S. Effective --/--/2010 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting July 21, 2010 Agenda Item: cc, Subject: Recommendation to Adopt Resolution in Support of Proposition 22 - The Local Taxpayer, Public Safety and Transportation Protection Act of 2010 Reviewed By: Cl BACKGROUND This report has been placed on the agenda by Councilmember Fredericks in her capacity as a member of the ad hoc Legislative Action Committee of the Town Council. The Local Taxpayer, Public Safety and Transportation Protection Act of 2010 is an initiative sponsored by the League of California Cities that has qualified for the November 2, 2010 ballot. The purpose of the initiative is to close loopholes and prevent the State from borrowing, raiding or otherwise redirecting local government, transportation and public transit funds. DISCUSSION California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds. These local government funds are critical to provide police and fire emergency response, parks, libraries, and other vital local services that residents rely upon everyday. Additionally, state gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit. These sources of local funding remain under threat. A coalition of local government, transportation and transit advocates filed the constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for placement of California's November 2010 statewide ballot. Approval of this ballot initiative would close loopholes and change the constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking of local government funds. FINANCIAL IMPACT There would be no direct fiscal impact should the Council choose to adopt this resolution. RECOMMENDATION It is recommended that the Town Council adopt the resolution in support of Proposition 22. Exhibits: Draft Resolution in Support of Proposition 22 Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. XX-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON IN SUPPORT OF THE LOCAL TAXPAYER, PUBLIC SAFETY, AND TRANSPORTATION PROTECTION ACT OF 2010 WHEREAS, California voters have repeatedly and overwhelmingly passed separate ballot measures to stop State raids of local government funds, and to dedicate the taxes on gasoline to fund transportation improvement projects; and WHEREAS, these local government funds are critical to provide the police and fire, emergency response, parks, libraries, and other vital local services that residents rely upon every day, and gas tax funds are vital to maintain and improve local streets and roads, to make road safety improvements, relieve traffic congestion, and provide mass transit; and WHEREAS, despite the fact that voters have repeatedly passed measures to prevent the State from taking these revenues dedicated to funding local government services and transportation improvement projects, the State Legislature has seized and borrowed billions of dollars in local government and transportation funds in the past few years; and WHEREAS, this year's borrowing and raids of local government, redevelopment and transit funds, as well as previous, ongoing raids of local government and transportation funds, have lead to severe consequences, such as layoffs of police, fire and paramedic first responders, fire station closures, stalled economic development, healthcare cutbacks, delays in road safety improvements, public transit fare increases and cutbacks in public transit services; and WHEREAS, State politicians in Sacramento have continued to ignore the will of the voters, and current law provides no penalties when state politicians take or borrow these dedicated funds; and WHEREAS, a coalition of local government, transportation and transit advocates recently filed a constitutional amendment with the California Attorney General, called the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, for potential placement on California's November 2010 statewide ballot; and WHEREAS, approval of this ballot initiative would close loopholes and change the Constitution to further prevent State politicians in Sacramento from seizing, diverting, shifting, borrowing, transferring, suspending or otherwise taking or interfering with tax revenues dedicated to funding local government services, including redevelopment, or dedicated to transportation improvement projects and mass transit. THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon formally endorses the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010, a proposed constitutional amendment. BE IT FURTHER RESOLVED that we hereby authorize the listing of the Town of Tiburon in support of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010 and instruct staff to fax a copy of this resolution to campaign offices at 916.442.3510. PASSED AND ADOPTED this day of , 2010 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK r TOWN OF TIBURON Town Council Meeting July 21, 2010 1505 Tiburon Boulevard Agenda Item: Tiburon CA 94920 cc - 5 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Office of the Town Clerk Designation of Voting Delegate(s) to League of California Cities Annual Conference The League of California Cities' Annual Conference is scheduled for September 15 through 17 in San Diego. In order to vote at the Annual Business Meeting, the Town Council must appoint a voting delegate. The Town's delegate, along with the representatives from other cities, will consider and take action on resolutions that establish League policy. According to the League's bylaws, a city may appoint a voting delegate and up to two alternates. RECOMMENDATION Staff recommends that the Town Council: 1) Appoint a voting delegate to represent the Town of Tiburon at the League of California Cities Annual Conference; 2) Appoint up to two alternates, if desired, in the event the voting delegate is unable to serve in that capacity. Exhibits: League of California Cities Annual Conference Voting Procedures 2010 Annual Conference Voting Delegate/Alternate Form Prepared By: Diane Crane Iacopi, Town Clerk LEAGUE - OF CnLIFUF:NIA C IT I E S 1400 K Street, Suite 400 • Sacramento, California 95814 Phone: 916.658.8200 Fax: 916.658.8240 www.cacities.org Annual Conference Voting Procedures 2010 Annual Conference 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. LEAGUE C?r CALI T-0'I N 1A CITIES CITY: 2010 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, August 20, 2010. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk (circle one) Date: (signature) Phone: Please complete and return by Friday, August 20 to: League of California Cities FAX: (916) 658-8240 ATTN: Mary McCullough E-mail: mccullom@cacities.org 1400 K Street (916) 658-8247 Sacramento, CA 95814 Votin~;DelegateLetter l O.doc 1400 k STREET SACRAMENTO, CA 95814 PH: (916) 658-8200 Fk: (916) 658-8240 L LEAGUE OF CALIFORNIA CITIES WWW.CsACTTIFS.ORG Council Action Advised by August 20, 2010 r June 4, 2010 JUN ° 2010 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference - September 15-17 - San Diego The League's 2010 Annual Conference is scheduled for September 15-17 in San Diego. An important part of the Annual Conference is the Annual Business Meeting (at the closing General Assembly), scheduled for 3:00 p.m., Friday, September 17, at the San Diego Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please take care when selecting your city's delegates, as travel and attendance could be an issue for those who observe Yom Kippur. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, August 20, 2010. This will allow us time to establish voting delegate/alternates' records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor siogn the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. In order to cast a vote, at least one person must be present at the Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up -more- To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Town Council Meeting July 21, 2010 Agenda Item: Cc'" (0 Subject: 1490 Vistazo West Street; Resolution Granting an Appeal of Site Plan and Architectural Review Approval for Construction of a New Single- Family Dwelling with Variances for Reduced Side Yard Setback and Excess Building Height; Danuta Shadduck, Owner; Larson Shores Architects, Applicant; Carl and Brenda Bernheim Straub, Appellants; File 21003; Assessor's Parcel No. 058-223-14 Reviewed By: BACKGROUND At its meeting of July 7, 2010, the Town Council held a hearing on this item and directed Staff to return with a resolution granting the appeal and denying the Site Plan and Architectural Review application for construction of a new single-family dwelling, with variances for reduced side yard setback and excess building height, at 1490 Vistazo West Street. A draft resolution to that effect is attached as Exhibit 1. RECOMMENDATION Adopt the Resolution. EXHIBITS A. Draft Resolution. Prepared By: Daniel M. Watrous, Planning Manager S: WdministrationlTown CounciMiaff Reports12010LIuly 21 DRAFM490 Vistazo West appeal report2doc TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. (Draft)-2010 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING AN APPEAL BY CARL STRAUB AND BRENDA BERNHEIM STRAUB TO OVERTURN THE DESIGN REVIEW BOARD'S APPROVAL OF SITE PLAN AND ARCHITECTURAL REVIEW FOR CONSTRUCTION OF A NEW SINGLE-FAMILY DWELLING, WITH VARIANCES FOR REDUCED SIDE YARD SETBACK AND EXCESS BUILDING HEIGHT, ON PROPERTY LOCATED AT 1490 VISTAZO WEST STREET (ASSESSOR PARCEL NO. 058-223-14) WHEREAS, on May 6, 2010, the Design Review Board held a public hearing on a Site Plan and Architectural Review application (File #21003) filed by Danuta Shadduck to construct a new single-family dwelling, with Variances for reduced side yard setback and excess building height, on property located at 1490 Vistazo West Street, said property currently being occupied by a single-family attached dwelling that would be largely demolished; and WHEREAS, the Design Review Board continued the application with direction to provide more detailed building elevations showing what the adjacent residence would look like after the subject house was demolished and recommendation that the applicant more fully explore the structural aspects of the proposed project to ensure that necessary structural elements would not result in changes to the appearance of the building; and WHEREAS, on June 3, 2010, the Design Review Board held a continued public hearing on and conditionally approved the subject application; and WHEREAS, the conditional approval was appealed in a timely manner by Carl Straub and Brenda Bernheim Straub; and WHEREAS, the Town Council held a public hearing on July 7, 2010, and after receiving testimony and reviewing all evidence in the record, determined that the subject application would be inconsistent with the guiding principles in the review of Site Plan and Architectural Review applications contained within Section 16-52.020 (H) of the Tiburon Zoning Ordinance as follows: 1. The location on the subject site of an increased area of windows facing the appellants' home and the revised orientation of the house in relation to the location of improvements on the appellants' site would adversely affect the privacy of the appellants' residence by increasing the visibility of other rooms in the proposed house from the appellants' master bedroom. Town Council Resolution No. (Draft)-2010 07/21/2010 Page 1 of 3 2. The relocation and reorientation of the proposed house away from the originally established and uniform viewlines and footprints of the surrounding homes and the increased amount of window area do not bear a reasonable relationship to the character of existing buildings in the vicinity. 3. The proposed project would not minimize the removal of mature trees on the site by removing two trees that provide visual privacy screening to the appellants' home and the relocated drainage for a major watercourse on the site is likely to place a drainage system in close proximity to the root systems of other mature trees on the site, which could damage or possibly cause the removal of these trees, further reducing the visual screening of the house from the appellants' home. 4. The altered orientation of the proposed house, the increased amount of window area and the use of stucco materials would be substantially different than the design of the existing house on the site and would be inharmonious with the otherwise cohesive design of other surrounding homes in the subdivision. The Town Council also made the following findings regarding the issues raised in the appeal: 1. Members of the Town's reviewing body are not required by make site visits prior to ruling on an application for Site Plan and Architectural Review; in this case, the Design Review Board members were able to sufficiently evaluate the proposed project and its context. 2. The concept of privacy is sufficiently well-understood without a published "community standard." The Town has generally applied this concept to restrict construction of improvements that would create the likelihood that residents would unduly intrude on one another in their homes. The Town does not pretend to offer complete privacy, but does require thoughtful placement of buildings, decks and windows and vegetative screening. 3. The Town does not have the authority or resources to enforce private easements or covenants, conditions and restrictions. These are necessarily civil matters that must be resolved between the two parties. 4. The appeal raises structural and drainage issues that are not generally considered at the Site Plan and Architectural Review stage. That said, before the Town issues a building permit for any similar future project, the Building Division and Department of Public Works must be satisfied that the project (a) has adequate drainage provisions; and (b) will not jeopardize the lateral support of other structures. Town Council Resolution No. (Draft)-2010 07/21/2010 Page 2 of 3 5. The procedural rules governing the Board's proceedings give ample opportunity for interested parties to present their views, as explained in the staff report dated July 7, 2010. 6. The Board's membership is consistent with the Town's Municipal Code. The Town Council therefore directed staff to prepare a resolution granting the appeal and denying the application. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby grants the appeal of Carl Straub and Brenda Bernheim Straub and denies the Site Plan and Architectural Review application to construct a new single- family dwelling, with Variances for reduced side yard setback and excess building height (File #21003), on property located at 1490 Vistazo West Street. PASSED AND ADOPTED at a regular meeting of the Town Council on July 211 20101 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: RICHARD COLLINS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. (Draft)-2010 07/21/2010 Page 3 of 3