HomeMy WebLinkAboutTC Agd Pkt 2011-10-19TOWN OF TIBURON
Tiburon Town Hall
1505 Tiburon Boulevard.
Tiburon, CA 94920
AGENDA
Regular Meeting
Tiburon Town Council
October 19, 2011
Meeting time - 7:30 p.m.
Closed Session - 6:00 p.m.
TIBURON TOWN COUNCIL
CLOSED SESSION - (6:00 p.m.)
CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
(Subdivision (a) of Government Code Section 54956.9)
Koffman v. Town of Tiburon
PUBLIC EMPLOYEE PERFORMANCE EVALUATION
(Section 54957) ,
Title: Town Attorney
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Fraser, Mayor Slavitz
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, 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 August 23, 2011 Special Meeting (Town Clerk
Crane Iacopi)
2. Town Council Minutes -Adopt minutes of September 7, 2011 Regular Meeting (Town
Clerk Crane Iacopi)
3. Town Council Minutes - Adopt minutes of October 5, 2011 Special Meeting (Town Clerk
Crane Iacopi)
4. Employee 25`h Year Anniversary - Adopt resolution recognizing Public Works Foreman
John McKelvie on his 25`h anniversary of service to the Town of Tiburon (Director of
Public Works/Town Engineer Nguyen)
5. Downtown Circulation and Parking Study - Authorize Town manager to execute a
contract with Nelson-Nygaard for consulting services related to a Downtown Circulation
and Parking study in an amount not to exceed $45,000 (Town Manager Curran/Director of
Community Development Anderson)
6. Wireless Communication Facilities Amendment - Consider amendment to Title IV,
Chapter 16 (Zoning) of Town Code to create an additional exemption from the
Conditional Use Permit Requirement for Wireless Communication Facilities (WCFs) -
(Planning Manager Watrous) - Final adoption of ordinance continued without discussion from the
September 7 and October 5, 2011 regular meetings
ACTION ITEMS
1. Belvedere-Tiburon Public Library Expansion Project -1501 and 1505 Tiburon
Boulevard; Consider Applications for General Plan Amendment, Rezoning, and
Amendments to the Point Tiburon Master Plan and Point Tiburon Precise Plan and Take
Related Actions Associated with a Proposed 17,000 Square Foot Addition to the Existing
Library Facility (Director of Community Development Anderson) - Public Hearing
Closed: Consider Adoption of Three Resolutions and Three ordinances related to the Project
2. Pension Reform - Request of Councilmember O'Donnell, Tiburon's representative to the
Marin County Council of Mayors and Councilmembers committee to study pension and
other post-retirement benefit reform, for consideration of a Resolution in support of
pension reform efforts (Councilmember O'Donnell, Town Manager Curran)
OWN COUNCIL REPORTS
TOWN MANAGER'S REPORT
WEEKLY DIGESTS
• Town Council Weekly Digest -October 7, 2011
• Town Council Weekly Digest - October 14, 2011
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 Town Hall and at the Belvedere-Tiburon Library located adjacent to
Town Hall. Agendas and minutes are posted on the Town's website,
w"nvv.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.
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz cacTthe specia eting of the Tiburon Town Council to order at 7:30 p.m.
on Wednesday August 23, 2011, i Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Calif ia.
ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall,
Planning Manager Watrous, Director of Public
Works/Town Engineer Nguyen, Police Chief
Cronin, Town Clerk Crane Iacopi
Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., and
interviewed a candidate for Design Review Board at 7:15 p.m.
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (c) of Government Code Section 54956)
Claims of property owners at 120 Round Hill Road and 10 Tara View Road
INTERVIEW
Design Review Board (One Vacancy)
• Greg Johnson, 541 Comstock Drive
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY
None.
ORAL COMMUNICATIONS
None.
Town Council Minutes #xx -2011 August 23, 2011 Page 1
CONSENT CALENDAR
1. Town Council Minutes - Adopt minutes of the July 20, 2011 regular meeting (Town
Clerk Crane Iacopi)
2. Town Council Minutes - Adopt minutes of the August 3, 2011 regular meeting (Town
Clerk Crane Iacopi)
3. Town Procedure for Award of Public Works Contracts - Adopt resolution establishing
minimum requirements for filing a protest of proposed award of a major public works
contract (Town Attorney Danforth)
4. 65 Reed Ranch Road Appeal - Adopt resolution partially granting appeal of Design
Review Board approval of a site plan and architectural review for construction of
additions to an existing single-family dwelling at 65 Reed Ranch Road (Planning
Manager Watrous)
• James Parsons and Andrea Hong, Owners
• Jeffrey Wong, Applicant
• Dan Mihalovich, Appellant
• Assessor Parcel Number 038-301-35
5. 2011 Street Improvement Project - Approve plans and specifications for the Trestle Glen
Boulevard and Paradise Drive 2011 Street Improvement Project and authorize solicitation
of bids (Director of Public Works/Town Engineer Nguyen)
MOTION: To approve Consent Calendar item Nos. 1 through 5, as written.
Moved: O'Donnell, seconded Fredericks
Vote: AYES: Unanimous
ABSTAIN: Fredericks, July 20 minutes
ACTION ITEMS
1. November 8, 2011 Municipal Election - Consider appointment of candidates
nominated in lieu of election and adopt resolution cancelling election (Town Clerk Crane Iacopi)
Town Clerk Crane Iacopi reported that at the close of the filing period for the November 8
election, there were two candidates for two seats on the Town Council. She said that the Council
had the option of appointing the nominees, Dick Collins and Frank Doyle, or holding an election.
Councilmember O'Donnell said that he had asked the Town Clerk about the costs associated
with holding an election and was informed that the cost was between $1.50 and $2.00 per voter.
With approximately 5,200 registered voters in the Town of Tiburon, O'Donnell said the
upcoming election was estimated to cost between $8,000 and $10,000, according to the Town
Town Council Minutes #xx -2011 August 23, 2011 Page 2
Clerk. He said the cancellation of the election would result in a cost savings to the Town.
Mayor Slavitz asked if there was any comment from the public on this item. There was none.
MOTION: To adopt resolution appointing Richard Collins and Frank Doyle to the Town
Council and cancelling the November 8, 2011 election.
Moved: Fredericks, seconded Fraser
Vote: AYES: Fraser, Fredericks, O'Donnell, Slavitz
ABSTAIN: Collins
The Town Clerk noted that the appointees would not take office until December 7, 2011.
2. 1895/1897 Mar West Encroachment Application and Resolution Modifying
Encroachment Policy -
a. Consideration of encroachment permit applications to construct private
improvements on the Mar West public right-of-way adjacent to private properties
located at 1895 and 1897 Mar West (Department of Public Works; Department of
Community Development ) - continued from July 20, 2011
Encroachment Permit Application Nos. 11-51 and 11-72
Owners/Applicants: Brian and Joanne McCullough; David Barley
Assessor Parcel Nos. 059-121-10 and 11
b. Consideration of Resolution modifying Town encroachment policy (Town Attorney
Danforth/Director of Community Development Anderson)
Town Attorney Danforth said that the Council had discussed the applications at length at its July
201 2011 meeting. At that meeting, Danforth said that the Council expressed no objections or
concerns about the application for the Barley staircase's general consistency with the Town's
Encroachment Policy, adopted in 2010. She said that the application had subsequently received a
conditional approval for design review and would be progressing through the encroachment
permit process, noting that some redesign, including reducing the size of the proposed stairway,
would be required to meet Public Works' conditions.
Danforth said that a majority of the Town Council also supported the garage application at the
same meeting, but acknowledged that approving that project would violate the Town's
Encroachment Policy for an enclosed structure on the Town's right-of-way. She said that Council
directed staff to return with potential revisions to the policy for Council consideration, and that
the Council indicated that it would decide the encroachment application after making an
appropriate policy change.
The Town Attorney said that Councilmembers favoring the project indicated that the project
would improve the substandard street conditions of narrowness and limited sight distance
Town Council Minutes #xx -2011 August 23, 2011 Page 3
combined with existing on-street parking that was substandard distance from the center line of
the roadway. She said that there was also an unusually deep (25') portion of unused Mar West
Street right-of-way abutting the subject parcel and that these circumstances created a situation
where the project could materially improve the existing conditions. For instance, Danforth said
that a parking "cut out" along the street could provide a material public safety benefit by
increasing the distance of parked cards from the centerline of the roadway, thereby enhancing
sight distance and reducing centerline-crossing maneuvers.
According to Danforth, these could be substantial and material public safety benefits if properly
designed and implemented. She also stated that the maximum garage encroachment of five feet
into the 25 feet of unused right of way could be found by the Town Council to be "minimized".
The project would also create a new "guest" parking space on the driveway apron leading to the
garage addition.
Ms. Danforth led the discussion of which sections of the existing policy should be amended if the
Council chose to amend the policy. However, she added that staff was not certain that the
circumstances of the application truly fit the definition of public benefit, as it was not obvious
that applicant's project would actually achieve the additional, improved parking.
Danforth said that the Public Works Director had evaluated the site to estimate the extent of
work necessary to create improved street parking along the street frontage in the vicinity of the
project. With the current proposed Barley staircase application, she said there would be only
space for a one-car cut-out between the proposed staircase and the McCullough entryway and
garage addition. She said it was estimated that an 11-foot high retaining wall would need to be
constructed to make this improvement.
Another option would be to create a two-car cut-out and, according to staff, the overall scale of
the project and related earthwork would be no greater. Danforth said that it would most likely
require revisions to the Barley and McCullough plans to do this. She noted that while creating a
cut-out would meet the criterion of public safety benefit, it was unlikely to be easily or
inexpensively accomplished.
The Town Attorney said that staff's remaining concerns centered around the purported benefits
gained by construction of the garage addition. She said that the existing one-car garage was not
used to park a vehicle currently, but instead served as storage or possibly a workshop. She said
the owner stated at the July 20 meeting that the garage was not usable for parking because of its
size. She stated that the proposed addition was exactly the same size which begged the question
of whether there would be a net gain of parking spaces. Danforth said that if the Council did not
find that there was a public safety benefit associated with this aspect of the application, the
Council might decide to simply allow a modest increase in the size of the existing garage to
enhance its suitability for parking.
Councilmember Fredericks asked about the Barley stairway application and which properties it
would connect. She noted the intricate path and lane structure in the neighborhoods of "Old
Town Council Minutes #xx -2011 August 23, 2011 Page 4
Tiburon" and asked whether any properties would be "cut off' by construction of the new
staircase. Town Engineer Nguyen said that none would be.
Fredericks then asked if a third property would lose the right to use the sidewalk as a result of
relocating the stairway in the applicant's plans. Town Manager Curran said that the
improvements would alter the access but would not cut it off. Town Attorney Danforth said that
the sidewalk was owned by the Town and that access would not be disrupted. She added that the
access to the third house would appear to be improved by the proposed stairway.
Fredericks also asked if the 25-foot setback for the garage was from the center of the roadway.
Mr. Nguyen said that the distance was measured from the edge of the pavement.
Mayor Slavitz asked what the response was to the statement that the application would "only"
encroach five feet into the public right-of-way. Town Attorney Danforth said that the public
right-of-way was lost in increments and that each structures reduced opportunities for use of
improvements to those right-of-ways in the future. She said that it behooved the Council to
decide if the encroachment would actually create any new parking before approving the
application.
Councilmember Fredericks asked about the encroachment of the existing garage and was told
that a majority of the garage was on private property but that a portion encroached onto the Town
right-of-way. She asked how often the Town allowed a structure to be built on its right-of-way
and then asked for it to be removed. Town Attorney said that it had never been done.
Councilmember Fredericks said that in her analysis, what the applicant sought in their garage
application represented a gift of public good to a private property owner. She said that it was
difficult at this moment to envision future uses of that right-of-way but that there might be a time
in future where it could be used as a site for utility boxes for fiber optic service, for instance, and
that once given up, it would no longer be available for public use.
Councilmember Collins asked for more clarification of the number of parking spaces that could
be created in a cut-out west of the staircase. Town Engineer Nguyen said that the project, as
designed, allowed for one car space but that if redesigned, possibly a two-car cut-out could be
achieved.
Councilmember O'Donnell asked whether the stairs could be "re-zigged" or designed differently,
to create more parking along the street, as envisioned by Councilmember Collins. Architect
Heckmann said that it might be possible but that it would mean a longer or steeper stairway
between the two houses. He said that it would make a more "vertical" staircase and that they had
planned for a more graceful design.
Councilmember Fredericks asked if a new design [of the stairs] would still require an estimated
11-foot retaining wall in the vicinity. Nguyen said that plans would have to be developed and
noted that staff was not trying to tell the applicant "how" to redesign the project [but was offering
Town Council Minutes #xx -2011 August 23, 2011 Page 5
some ideas regarding solutions to the parking issue].
Mayor Slavitz asked if the applicant would be creating more parking spaces on the street on his
own, if this proposal was approved, or whether the Town would get involved with this proposal.
Town Engineer Nguyen said that answers to this question had not been addressed.
Mayor Slavitz opened the item for public comment.
Michael Heckmann, architect representing the applicant, expressed surprise at the direction the
Council seemed to be moving in. He said that 30 days ago, the Council had indicated its interest
in approving the proposed garage addition as a positive step in resolving some neighborhood
parking issues, as well as approving the stairway application, as submitted. He said the direction
given to staff was that the Town's policy would be amended at the subsequent meeting prior to
approval of the project.
Heckmann briefly reviewed the highlights of the garage project and stairway. He said the
stairway would provide a new access point; that currently everybody who accessed the stairway
walked up the McCullough driveway and accessed the stairs over the McCullough property. He
said had met with the Building Inspector and that the stairway, as proposed, met the Town's code
requirements. He said he did not think a retaining wall was a good idea and that it would limit the
ability to landscape and would result in a big, exposed chunk of concrete wall in that vicinity. He
said he was not certain where the discussion of the easement for the garage was headed.
Councilmember Collins asked whether the existing garage could simply be widened by three to
four feet. Mr. Heckmann said that the simply widening of the garage would allow the single
garage to function better but that it would be a tragedy not to get another parking space out of it,
in the process.
In response to questions from Councilmember Collins about moving the staircase in another
direction or relocating it, Heckmann said that it would not be possible since the neighboring
property owner (Bille) also wanted to apply for a permit to build a garage or a parking space in
that location.
Mayor Slavitz asked if the garage could be moved back and possibly dug into the hill. Mr.
Heckmann said they had looked at that alternative and had talked to a geotechnical engineer who
said it would undermine the foundation of the house.
Councilmember O'Donnell added that it would also mean losing the beautiful palm tree in that
location. Town Manager Curran pointed out that the applicants' plans showed removal of the
tree. Heckmann said that his clients wanted to preserve it and possibly move relocate it on the
property.
Joanne McCullough said that the two-car garage would be a public benefit and would create
more parking on the street. She said the design was aesthetically pleasing, and included a "living
Town Council Minutes #x -2011 August 23, 2011 Page 6
roof' on the top. She said that tenants from two other homes crossed their property daily, and that
the McCulloughs would like the Barley and Bille residences to have their own access to their
homes.
Councilmember Fredericks reiterated her concerns about privatization of the public right-of-way.
She also suggested an application for open garage structure would be in compliance with existing
Town policy guidelines. She said that a public benefit might be gained if parked cars were
farther back from the center line of the street but that overall, she did not see a public benefit in
the project, as presented.
Councilmember Fraser said that 30 days ago, a majority of the Council had been supportive of
the project but realized that an amended Encroachment Policy, that included exceptions for
public safety benefits, would be needed to approve it. He said that Mar West was a very unique,
narrow street, and there were hazards to both people and cars when travelling down it. He said
the McCulloughs were doing the right thing in trying to manage the area by maintaining and
trimming vegetation and sought to address the parking issues on the street, as well. He
recommended that the Council allow them to move forward with the project and°to work with the
Town Engineer and Planning staff on a final, acceptable design to implement the project.
Councilmember Collins said that he had supported the idea of changing the policy at the last
meeting but now wondered what the quid pro quo would be to allow the [garage] encroachment.
He said that a change in policy for one applicant might results in a change for others. He asked
whether an open structure could resolve the issue, or perhaps widening the driveway to create
additional off-street parking.
Councilmember O'Donnell agreed with Councilmember Fraser's assessment. He said that when
he looked at the site, he saw that it was a unique situation. He said that dozens and dozens of
structures in old Tiburon were in the public right-of-way and that the garage did not represent a
taking of public land. He said he could not support the building of a huge concrete wall in that
location [to create parking "cut-outs" in lieu of a parking structure]. However, he said he did
favor an idea mentioned by the Town Manager earlier in the evening that would enhance the
public benefit, that is, an idea that McCulloughs might be able to carve out a shallower space,
with a lower wall, in front of their property to create extra parking space on the street. He said
this would help satisfy the requirements of an amendment to the policy which would allow an
encroachment for improvements to public safety.
Mayor Slavitz said that he saw only private benefit in the garage application, and that there was
no guarantee that the new garage would provide additional, off-street parking. He said that there
were other options for the applicants, such as a carport. Slavitz said that Town staff supported the
stairway application and that a case could be made that it would enhance the public benefit.
Mayor Slavitz closed the public hearing and asked for Council's direction in the matter.
Town Council Minutes #.x -2011 August 23, 2011 Page 7
MOTION: To amend the Town's Encroachment Permit Policy, as proposed.
Moved: Fraser, seconded O'Donnell
Vote: AYES: Fraser, O'Donnell
NAPES: Collins, Fredericks, Slavitz
Motion failed.
Councilmember Fredericks asked if the Council needed to take action to approve or disapprove
the entire project, as presented. Town Attorney Danforth said that there were two applications,
one for the garage and one for the stairs. The Council should decide each application separately.
She said that if the applicant was willing to redesign the garage to comply with Town guidelines,
the Council could consider approval subject to conditions. Town Manager Curran said that Town
staff had a few ideas about the configuration of the stairs, but that the general concept met the
criteria needed for approval. She said that if approved by Council, the [stairs] application need
not return to Council for further action.
MOTION: To approve the encroachment permit application for the Barley stairs, subject to
final design approval by Town staff.
Moved: Fredericks, seconded by Collins
Vote: AYES: Unanimous
MOTION: To deny the encroachment permit application for the McCullough garage, but to
grant staff authority to review and approve a redesigned project that conforms
with Town policy.
Moved: Fredericks, seconded by Collins
Vote: AYES: Collins, Fredericks, Slavitz
NAPES: Fraser, O'Donnell
TOWN COUNCIL REPORTS
Councilmember Fredericks said that if anyone on the Council was interested in joining the
National League of Cities, and attending an upcoming conference, they should see her.
TOWN MANAGER'S REPORT
Town Manager Curran said a special meeting had been noticed for the Alta Robles project hearing
on August 31. She also listed other upcoming Council meetings in September.
WEEKLY DIGESTS
• Town Council Weekly Digest -
August 5, 2011
• Town Council Weekly Digest -
August 12, 2011
• Town Council Weekly Digest -
August 19, 2011
Town Council Minutes #xx -2011 August 23, 2011 Page 8
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 8:50 p.m.
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #x -2011 August 23, 2011 Page 9
CC--L
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Slavitz called the regular eating of the Tiburon Town Council to order at 7:30 p.m.
on Wednesda , L ember 7, 2011 in Town Council Chambers, 1505 Tiburon Boulevard,
Tiburon, Cali PRESENT: COUNCILMEMBERS: Fraser, Fredericks, O'Donnell, Slavitz
ABSENT: COUNCILMEMBERS: Collins
PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth,
Director of Administrative Services Bigall, Director
of Community Development Anderson, Director of
Public Works/Town Engineer Nguyen, Chief of
Police Cronin
Prior to the regular meeting, the Council met in closed session, beginning at 7 p.m., to discuss the
following:
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
(Subdivision (c) of Government Code Section 54956)
Claims of property owners at 120 Round Hill Road and 10 Tara View Road
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Slavitz said there was no action taken in closed session.
ORAL COMMUNICATIONS
None.
CONSENT CALENDAR
1. Town Monthly Investment Summary - Accept report for month ending July, 2011
(Director of Administrative Services Bigall)
Town Council Minutes #.x -2011 September- 7, 2011 Page 1
2. COPS Funding - Adopt resolution approving an expenditure plan for the utilization of
Supplemental Law Enforcement Funds (COPS) monies received in fiscal year 2011-12
(Chief of Police Cronin)
3. Endorsement for MCCMC Appointment - Recommendation to endorse appointment of
Councilmember Alice Fredericks for Marin County Council of Mayors & Councilmembers
(MCCMC) appointment to the Golden Gate Bridge, Highway & Transportation District
Board of Directors (Mayor Slavitz)
4. Del Mar Valley Utility Undergrounding Assessment District Construction Project -
Project approval and award of contract (Director of Public Works/Town Engineer Nguyen)
MOTION: To approve Consent Calendar item Nos. 1 through 4, as written.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: Collins
ACTION ITEMS
1. Appointments to Boards, Commission & Committees - Appointment to fill vacancy on
Design Review Board (Town Clerk Crane Iacopi)
Town Manager Curran said that the Council had interviewed Greg Johnson for the vacancy on
the Design Review Board created by Lou Weller's appointment to the Planning Commission.
Vice Mayor Fraser said that Mr. Johnson brought talent, background and expertise to the
position. Mayor Slavitz agreed that he was an excellent candidate.
MOTION: To appoint Greg Johnson to the Design Review Board.
Moved: Fraser, seconded Fredericks
Vote: AYES: Unanimous
ABSENT: Collins
PUBLIC HEARINGS
1. Wireless Communication Facilities Amendment - Consider amendment to Title IV,
Chapter 16 (Zoning) of Tiburon Municipal Code to create an additional exemption from the
Conditional Use Permit Requirement for Wireless Communication Facilities (WCFs) -
(Planning Manager Watrous) - Introduction and first reading of ordinance
Director of Community Development Anderson said that the Town began regulating wireless
communication facilities (WCFs) in 1997 and had amended its regulations several times over the
years to remain consistent with state and federal requirements in this ever-changing field of
communications. He said the Town's regulations are currently codified in the Municipal Code
Town Council Minutes #xx -2011 September 7, 2011 Page 2
Chapter 16 (Zoning Ordinance), in Section 16-42, and require among other things a conditional
use permit to install or operate a WCF in Tiburon. However, he said that subsection 16-42.030
contains a list of WCFs that are exempt from the provisions of Section 16.42 and do not require a
conditional use permit. Anderson said that exemptions include FCC-licensed amateur (ham)
radio installations, certain types of satellite antennas under a certain diameter, and television
antennas subject to certain criteria.
Director Anderson said the Tiburon Fire Protection District ("District") had proposed to install a
low-wattage antenna to enhance inter-agency communications during an emergency on an
existing wooden pole on the MMWD water tank site on Sugarloaf Drive. He said that both the
City of Belvedere staff and Town of Tiburon staff supported the proposal.
Anderson said that staff believes the antenna would have no impact on the surrounding
neighborhood and should not require a conditional use permit as do most new wireless
communications facilities. Accordingly, he said staff proposes adding a new exemption to
subsection 16.42 of the Zoning Ordinance that would apply to a low-wattage antenna owned and
operated by a public agency and used exclusively for public safety purposes, provided that the
following are met:
a) The antenna must be located in the Public-Quasi-Public (P/QP) zone.
b) Owned and operated by a public agency and used exclusively for public safety
purposes.
C) The wattage does not exceed 200 watts at full power.
d) The antenna is located on a pre-existing structure.
e) The antenna (not including its pre-existing support structure) shall be a whip-style
antenna and shall not exceed 25 feet in height.
f) The proposed wireless communication facility has a valid FCC license on file
with the Town.
g) An electrical permit for the installation shall be secured from the Tiburon
Building Division.
h) The structural attachment/anchoring method for the antenna shall be approved to
the written satisfaction of the Tiburon Building Division.
i) Compliance with OET Bulletin 65, or any successor document thereto, shall be
demonstrated by a qualified radio frequency engineer.
Town Council Minutes #xx -2011 September 7, 2011 Page 3
Director Anderson said that staff believes that these specific criteria would create a very narrow
exemption that would have negligible potential for impact on any surrounding uses or residents.
Nevertheless, he said that neighborhood residents have raised concerns that the installation of the
new antenna would potentially give rise to an "antenna farm" by creating an entitlement for
commercial entities to install wireless communications antenna on the tower.
Anderson said that the Town Attorney concluded this would not occur for several reasons. First,
he said the status of the site would not change because it already supports a tower for wireless
communications antennas. More importantly, Anderson said that state law only affords co-
location entitlements under narrow circumstances that would not be satisfied by a commercial
proposal at this site. He said that Section 65850.6 of the California Government Code creates
such an entitlement only where the co-location complies with the local jurisdiction's
requirements. According to the Town Attorney's analysis, the Town's Zoning Ordinance only
allows co-location on commercial properties.
Mayor Slavitz asked if the new Fire District antenna would help ameliorate communications
problems within the Marin Emergency Radio Authority (MERA) system. Fire Chief Rich Pearce
said that was a separate issue, unrelated to the antenna application.
Mayor Slavitz opened the public hearing.
Brian Lantier, Sugarloaf Drive, said that while he was completely sympathetic to the Fire Chief s
request, his only regret was that when the Planning Commission made its decision it was not
aware of a [recent] FCC decision relating to the City of Irvine's issuance of a "legal, non-
conforming" permit for a commercial antenna, and that it included differences between "shared
location" and "co-location." Lantier said that if it such a permit had been issued by the City of
Irvine, it could happen here, as well. He pointed out that the "Sprints of the world had tried
before" to install commercial antennae at 145 Sugarloaf and would no doubt try again. He said he
hoped these issues could be more fully addressed for the good of the town, and still allow the
Fire District to get what it needed, as well.
Mayor Slavitz asked the Town Attorney whether she would like to address the issues raised by
Mr. Lantier.
Town Attorney Danforth said that consideration of the zoning ordinance amendment did not
"open up a can of worms" as suggested by Mr. Lantier. She said that there have been antennae in
the Sugarloaf location for decades (MMWD and Fire District antennae). She noted, however, that
the process going on before the FCC was a very interesting one and that she had read all the
materials referenced by Mr. Lantier very carefully.
Danforth said that the City of Irvine's situation was quite different from the facts associated with
this application. She pointed out that the City of Irvine annexed the site in question after the
tower was built; the City did not grant the CUP. She said the City had merely designated it as
legal, non-conforming after annexation. This is not an avenue open to the Town, whose
Town Council Minutes #xx -2011 September 7, 2011 Page 4
jurisdiction already includes the site. Danforth said the PCIA lobbying group that wrote the
document mentioned by Mr. Lantier was aggressively trying to limit discretionary control of
antennae siting by Irvine and other cities, and would continue to do so.
Vice Mayor Fraser asked whether this meant that if a commercial applicant came to the Town
and wanted to co-locate an antenna alongside an existing antenna, would that applicant have to
go through the CUP process. The Town Attorney said that they would. Vice Mayor Fraser also
asked if allowing the proposed antenna would give rise to any entitlements in future. The Town
Attorney said that the site would retain its current character and allowing the antenna would not
give rise to any new entitlements; however, she reiterated that there were legal changes all the
time in this field.
There being no more public comment, Mayor Slavitz closed the public hearing.
Vice Mayor Fraser said that he was on the Planning Commission with Councilmember Collins
when the standards regulating Wireless Communications Facilities had last been updated. He
said that he understood and agreed with the neighbors' legitimate concerns about antenna farms.
But he said he understood the Zoning Ordinance amendment to be very tightly crafted to allow
only low wattage antennae for public service agencies. The Town Attorney agreed, adding that
"no one in Tiburon was interested in creating antenna farms in our residential neighborhoods."
Council concurred with the staff recommendation on the basis that the amendment was narrowly
crafted and was not associated with other uses, such as telephone towers. Council also noted the
proposed Fire District antenna would be a benefit for the citizens in Belvedere and Tiburon.
MOTION: To read ordinance by title only.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Unanimous
ABSENT: Collins
Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon amending Title
IV, Chapter 16 (Zoning) of the Tiburon Municipal Code to exempt certain Wireless
Communications Facilities from the Conditional Use Permit Process."
MOTION: To pass first reading of ordinance.
Moved: Fredericks, seconded by O'Donnell
Vote: AYES: Fraser, Fredericks, O'Donnell, Slavitz
ABSENT: Collins
2. Water Conservation Ordinance - Consider amendments to Title IV, Chapter 13E (Water
Efficient Landscape) of the Tiburon Municipal Code to incorporate latest Marin
Municipal Water District (MMWD) regulations (Director of Community Development
Anderson) - Second reading and adoption of ordinance
Town Council Minutes #xx -2011 September 7, 2011 Page 5
Director of Community Development Anderson said that the Council had passed first reading of
the ordinance on August 3, 2011. He said that there was no comment from the public at that
meeting.
Councilmember O'Donnell expressed his continuing concern and hope that homeowners would
not get caught up in any confusion or conflicts between the Water District and Fire District
regulations.
Director Anderson noted that progress had been made in resolving any discrepancies. He said
that MMWD was attempting to make its regulations consistent with those of local fire districts,
especially with regard to wildland urban interface areas, and other new regulations.
Mayor Slavitz opened and closed the public hearing. There was no public comment.
MOTION: To read ordinance by title only.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Unanimous
ABSENT: Collins
Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon Amending Title
IV, Chapter 13E (Water Efficient Landscape) of the Municipal Code and Adopting by Reference
Marin Municipal Water District (MMWD) Ordinance No. 421 regarding Water Conservation."
MOTION: To pass second reading and adopt the ordinance.
Moved: Fredericks, seconded by Fraser
Vote: AYES: Fraser, Fredericks, O'Donnell, Slavitz
ABSENT: Collins
TOWN COUNCIL REPORTS
None.
TOWN MANAGER'S REPORT
Town Manager Curran noted the upcoming HOA Summit on Tuesday, September 13 at 6:30 p.m., at
Town Hall.
WEEKLY DIGESTS
• Town Council Weekly Digest -September 2, 2011
Town Council Minutes #xx -2011 September 7, 2011 Page 6
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 7:55 p.m. in honor and remembrance of all people involved in 9/11
tragedy.
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Minutes #xx -2011 September 7, 2011 Page 7
Cr-
TOWN COUNCIL
MINUTES
CALL TO ORDER
Mayor Sl=POctober5, 1 meeting of the Tiburon Town Council to order at 6:34 p.m. on
Wednesdt Del Mar Middle School Gymnasium, 105 Avenida Miraflores,
Tiburon, ROLL CALL
PRESENT: COUNCILMEMBERS:
PRESENT: EX OFFICIO:
Collins, Fraser, Fredericks, O'Donnell, Slavitz
Town Manager Curran, Town Attorney Danforth,
Community Development Director Anderson,
Director of Administrative Services Bigall, Public
Works Director Nguyen, Police' Chief Michael
Cronin, Police captain Hutton, and Recording
Secretary Harper
CALL TO ORDER AND ROLL CALL
Councilmember Collins, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor
Fraser, and Mayor Slavitz
ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY
Mayor Slavitz said there was no action to report from the Closed Session.
ORAL COMMUNICATIONS
None
CONSENT CALENDAR
MOTION: To approve Consent Calendar items 1-5.
Moved: Fraser, seconded Fredericks
Vote: AYES: Unanimous
1. Town Council Minutes -Adopt minutes of August 31, 2011 Special Meeting (Town Clerk
Crane Iacopi)
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page I
2. Update Schedule of Fines - Update Schedule of Fines for violations of the Municipal Code
enforced by Administrative Citation (Director of Community Development Anderson)
3. Marin General Services Agency - Adopt resolution extending the Marin County Abandoned
Vehicle Service Authority Vehicle registration fee until April 2022
4. 2011 Street Improvement Project - Authorize award of contract for the Trestle Glen
Boulevard and Paradise Drive 2011 Street Improvement Project to Team Ghilotti, Inc., and
adopt amendment to FY 2011-12 budget to complete the bid alternate (Director of Public
Works/Town Engineer Nguyen)
5. Storm Drain Maintenance Project - Authorize award of contract for the 2011 Storm Drain
Maintenance Project to Roto-Rooter (Director of Public Works/Town Engineer Nguyen)
6. Wireless Communication Facilities Amendment- Consider amendment to Title IV, Chapter
16 (Zoning) of Town Code to create an additional exemption from the Conditional Use Permit
Requirement for Wireless Communication Facilities (WCFs) - (Planning Manager Watrous) -
Final adoption of ordinance continued without discussion to October 19, 2011 regular meeting
PUBLIC HEARINGS
Belvedere-Tiburon Public Library Expansion Project -1501 and 1505 Tiburon Boulevard;
Consider Certification of Final EIR and Project Merits of Applications for General Plan
Amendment, Rezoning, and Amendments to the Point Tiburon Master Plan and Point Tiburon
Precise Plan Associated with a Planned 17,000 Square Foot Addition to the Existing Library
Facility (Director of Community Development Anderson)
Mayor Slavitz briefly outlined meeting and speaker protocols, stating the meeting would conclude by
10:30 p.m. and be continued.
Director of Community Development Anderson gave the staff report, a brief description and history
of construction and increased patronage over time of the Belvedere-Tiburon Public Library building,
which has led to the necessity to the proposal for expansion. In December 2008, Belvedere-Tiburon
Library Agency (BTLA) filed applications proposing expansion which included General Plan
amendments, rezonings, and amendments to the Point Tiburon Master Plan and Point Tiburon
Precise Plan. The project has been reduced and refined to address environmental impacts and
improve General Plan policy consistency. A prior 2004 approval was not pursued for a location
behind the existing building on a portion of Zelinsky Park.
Mr. Anderson said what is not before the Council is final design, which will be considered in the
future, and described the purpose of the meeting, to:
1. Hold a public hearing;
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 2
2. Consider the recommendations of the Planning Commission regarding the project EIR and
the land development applications;
3. Certify the EIR for the project,
4. Deliberate on the merits of all applications and the expansion project and provide direction to
the applicant; and
5. Consider introducing and holding first reading of three ordinances and continue the item to a
specific date for possible final action on the ordinances and on resolutions associated with
the applications.
The project design and layout has been modified over time and last month the BTLA abandoned the
original design in favor of a design based on "Alternative D" in the EIR, with some slight
architectural and site layout refinements. The latest design is called "Refined Alternative D".
Mr. Anderson stated that a 3-volume EIR had been prepared for the project, and he summarized the
key findings of the EIR regarding aesthetics, air quality, biological resources, land use and planning,
noise, and transportation/parking. He explained that the EIR examined four alternatives to the
project, which included a "No Project" alternative (Alternative A), three on-site development
alternatives (Alternatives B, C and D). Alternative A (No Project) was deemed the environmentally
superior alternative, but Alternative D was identified as the environmentally superior alternative
among the "build" alternatives studied. He stated that although Alternative D would not avoid
significant impacts on air quality, noise or ground vibration, the EIR concluded that with mitigation,
it would reduce impacts on Railroad Marsh plants and wildlife and impacts on scenic views of the
Tiburon Ridge to less than significant levels. The Planning Commission disagreed with the latter
impact conclusion. Mr. Anderson noted that staff has reviewed the Refined Alternative D layout and
found it to be very similar to Alternative D in site planning and layout and also in terms of potential
environmental impacts.
Mr. Anderson discussed the proposal's conformance with Town plans and regulations, for General
Plan consistency, Zoning Ordinance conformance, and other applicable plans. He said the Town has
received numerous letters and e-mails regarding the project merits as well as late mail received, in
support of and in opposition to the project, with opposition focusing on the following issues:
■ Objection to the conversion of open space land between the Library and Marsh
■ Objection to moving parking father away from the Town Hall building
■ Objection to the scale, need, and cost for a much larger Library facility
■ Objection to the loss of views from Tiburon Boulevard opposite the proposed addition
Mr. Anderson indicated that there were several issues remaining to be resolved, and noted that the
balancing of benefits provided by a major public project versus environmental impacts and
community character issues is one of the more challenging aspects of being a Councilmember. He
said that remaining issues include the scale of the expansion, significance of visual impact on the
ridgeline, biological impacts on Railroad Marsh, Policy OSC-20 regarding wetland buffer setbacks,
parking adequacy, and Mar West Street intersection improvements.
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page 3
Mr. Anderson stated that the Planning Commission recommended certification of the EIR while
disagreeing with the EIR's finding of a less-than-significant impact regarding scenic view impacts
from Tiburon Boulevard for Alternative D. The Planning Commission recommended approval of the
various applications, but recommended that the Town Council "consider the feasibility of reducing
the size of the project". The Commission also recommended adding certain mitigation measures, and
imposed additional conditions regarding intersection improvements, parking lot layout and
circulation. He said that staff supports the Planning Commission recommendations as reasonable,
appropriate, and based on sound environmental and policy considerations, and recommended that the
Town Council:
1. Hold a public hearing on the project and close the public hearing.
2. Consider adoption of the Resolution certifying the project's EIR.
3. Time allowing, deliberate on the land development applications and provide any desired
direction to the applicant.
4. Time allowing, introduce and holding first reading of the three ordinances regarding the
rezonings and the amendment to the Point Tiburon Master Plan.
5. Continue the item to the meeting of October 19, 2011.
Councilmember O'Donnell said one interesting aspect of Alternative D with parking in the rear is the
potential to change the intersection of Tiburon Boulevard and Mar West. He emphasized that no
traffic study was prepared for this, and it seems that information presented to the Planning
Commission is nebulous as to the type of configuration and whether a signal would or would not be
required. He thinks this is part in parcel to the project and is of community interest. Mr. Anderson
responded that traffic was identified at the outset as an impact. A detailed traffic study was
performed by DKS and used the Town's traffic model and factoring in the library development,
which concluded that eventually at build-out of the peninsula Mar West Street will need a traffic
signal. However, the traffic consultant also concluded that the library project alone will not get it to
that point. Their recommendation was that the Town require a reasonable contribution towards the
eventual funding of a signal. Caltrans also pointed out that the left-turn pocket needed to be
extended, which he said is a recommended condition of approval on the project.
Councilmember O'Donnell asked if there was consideration to do a roundabout or rotary at that
location. Mr. Anderson replied this was not part of the traffic study.
Vice Mayor Fraser voiced concerns about crosswalk safety, pointing to the increased traffic situation
at the library. Councilmember O'Donnell again suggested incorporation of a roundabout, which he
said may help mitigate traffic coming into Town. He directed the Council's attention to the existence
of a round-about at the other end of Town which he believes creates a positive community feel. Mr.
Anderson acknowledged his concerns, but said this suggestion is complicated by the fact that
Caltrans owns and maintains the roadway. Roundabouts are not typically seen on state highways;
however, the topic can be broached and in fact the Town is in the process of hiring a traffic
consultant to look at both the Mar West Street and Beach Road intersections for traffic circle
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page 4
feasibility. In the meantime, any monetary contribution from the Library could be put toward a
traffic improvement other than a signal if such other improvement can receive the required
approvals.
Mayor Slavitz referred to the chart on page 64 of the EIR, which shows a before-and-after parking
analysis for the project. Before the building expansion, there are 58 spaces; 27 are for the library and
31 are for Town Hall. After the expansion, 74 spaces are needed for the library and 31 for Town
Hall, totaling 105 spaces. The new lot would be 52 spaces with a deficit of 53 spaces which he
questioned, noting there is also no parking proposed in front of the library. Mr. Anderson explained
that the summary analysis is based on figures generated by the Institute of Transportation Engineers.
In doubling the size of the building, they assume a doubling of the required parking and of traffic
generation. They assume a straight-line calculation, resulting is a situation which would be
substantially under-parked. One of the ways the Library and Town Hall function today is that
employees of the Town and Library park off-site with a lease arrangement. All parking on-site is
available for Library patrons and Town Hall customers. Normally, the on-site parking figures would
take into account both workers and visitors.
Mayor Slavitz confirmed that the consultant provided a list of mitigation measures that would get
much closer to the 74 parking spaces, some of which include things like implementing 2-hour on-
street parking. He noted that Town Hall employees park in the Abrams lot next door and he asked if
the fleet vehicles could park there, as well. Mr. Anderson said they may, or they may end up in the
new lot, which will be shared between the Library and Town Hall. He added that the storage
container in the parking lot is expected to be removed in the near future.
In response to Mayor Slavitz' question regarding the plan's inclusion of street parking, Mr. Anderson
said the EIR traffic consultant has indicated there is relatively a large supply of on-street parking
nearby that is available for use, and that parking located further away is also not counted but could be
utilized for major events.
Councilmember Collins asked whether or not the expansion project may limit any Town Hall
expansion plans in the future. Mr. Anderson replied yes; with Zelinsky Park relocated behind and
the proposed Town Plaza in between, other than construction of additional floors, Town Hall is not
likely to expand. City Manager Curran added that the current plan is to build the Ned's Way
recreation facility and move the Recreation Agency out to that site, freeing the upstairs for Town
Hall use. If this does not come to pass, should there be a need for Town Hall expansion the next
option would be to secure an alternative off-site location for Recreation Agency staff since they do
not need to be in the Town Hall building to fulfill their function.
Mayor Slavitz asked for clarification that the project would create additional vehicle miles traveled
(VMT). Mr. Anderson said the Bay Area Air Quality Management District (BAAQMD) plan says if
a community is approving a General Plan Amendment, which will also result in more vehicle miles
traveled, it is an automatic conflict with their plan and is deemed a significant impact.
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 5
Councilmember Fredericks referred to parking need and said she was thinking about how the library
square footage would be represented in parking needs because it is not the same thing as a place
whose major push is to hold large events. She asked how the number of people per square feet would
apply in this case and asked for other models to give some people some level of certainty. Mr.
Anderson said staff found a broad range of parking ratios for libraries with no hard and fast number
as a standard. He believed that to some degree each library is unique in the types of functions and
facilities they have, and staff and the consultants found no industry standard, so chose one in the
middle of the range.
Councilmember O'Donnell pointed out a paradox between the EIR analysis finding that the Town's
population and use is not growing and the Air District's position on additional vehicle miles traveled
from increased use and need for parking. Mr. Anderson recognized the increase in usage and demand
for parking, but said there will not be a straight-line relationship between the increased square
footage of the building and increased parking demand and trip generation, even though the models
used for parking and trip generation in the EIR assume such a straight-line increase. Staff said they
were unaware of any model that is sophisticated enough to estimate incremental traffic and parking
increases for expansion of an existing library building, noting the parking demand and traffic
generation would increase somewhat with the expansion, although not by 2.5 times like the square
footage of the library building.
Vice Mayor Fraser questioned the timing for construction of the project, assuming some form of
project is approved. Mr. Anderson deferred this question to Library representatives, and clarified that
the general plan amendment, rezoning, and master and precise plan amendment applications before
the Town Council this evening do not expire with time. Once the design application comes to the
Council, presumably the Council will exempt it from the zoning ordinance and can set a time limit
on that approval.
Councilmember Collins questioned and received confirmation that if the zoning ordinance is
changed and the General Plan Amendment is approved, this does not limit future amendment by
future Councils and/or Planning Commissions; although once the Library has begun physical
construction of the addition, the project is legally vested.
Mayor Slavitz asked whether the option of a two-story parking structure was explored. Mr.
Anderson acknowledged previous consideration for a podium-style parking structure behind the
library building and confirmed that the EIR consultant was asked to look at this as an alternative. He
stated that the EIR consultant found that such a structure would worsen biological impacts compared
to at-grade parking and could not be considered as an alternative that would reduce project impacts.
Mayor Slavitz questioned and confirmed that if the proposal moves forward there is current capacity
for all Town Hall fleet cars to be parked in the Abrams lot, though this has not been broached with
the owner of the adjacent lot. He then asked for the applicant's presentation of their project.
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 6
BeverleeJohnson, Chair of BTLA, stated the Library project is well thought-out and beautiful. It
supports the General Plan policies and will greatly benefit the community. It is a result of close
collaboration between BTLA, the design team, and the Town's planning staff. She provided a brief
overview of the history of the project as previously described by Mr. Anderson, said they selected a
team of architects who prepared conceptual drawings and a firm specializing in library design that
prepared the needs assessment. She then introduced the design team who were available to answer
questions.
Deborah Mazzolini, Library Director, summarized key findings of the needs assessment and building
program and said information on the library can be found at www.thelibraa. info. They found that
the role of the Library is ever-changing, becoming much more multi-faceted, and supportive of
learning and cultural understanding. While successful and with excellent ambience, the current
library lacks space, which impedes functionality. It was designed to be a branch of the Marin County
Library system and needs to expand to meet both current and future needs.
Ms. Mazzolini provided statistics on visits, percentages of Belvedere and Tiburon library cards,
volunteers, checkouts, reference questions, computer sessions, programs in FY 2011, and annual
circulation desk check-ins and checkouts per capita compared to nearby communities. She said a
driving force in the expansion early on was a need to increase the size of the Children's Room. The
needs assessment found there was no place for children to do homework or to group-study. It is
currently overcrowded with limited storage and the expansion would more than double the size of
the Children's Room. She described the current makeshift teen area, which is inadequate and noisy.
In the new library, teens would benefit with group-study rooms, technology, increased collection
space and additional seating. She described seating/people space, programming/events space,
technology stations, sharing resources within the community, training, needs for space of collections,
undersized staff work areas and service desks, and the need to develop flexible and reconfigured
spaces. The needs assessment also identified the library as places that become vibrant centers of
community interaction, and they would like to move their current bookstore to the library and have a
small cafe or coffee cart facing on the Town Plaza.
Jennifer Devlin, EHDD Architects, said they worked with staff and library representatives in
developing Alternative D. She cited the need to preserve and enhance the library and its character, to
maintain it as an important place in town, and said it creates a threshold and gateway to the other end
of Tiburon Boulevard. She gave a PowerPoint presentation, describing the views taken from across
Tiburon Boulevard that respect the separation between the library and Town Hall; meeting rooms,
the front and rear entrances, the bookstore, parking, large open windows, and a design that allows
views of hills and views looking northwest past Town Hall. She presented and described differences
between the proposed project and Alternative D, which increases the separation between Town Hall
and the addition and increases the size to a 27,500 square foot project. The refinement to Alternative
D changes the rotation of the building to increase open space. She further described the new project's
entrances/exits, ingress/egress, pathway access from the private parking lot to Town Hall and
through to the library, connection of both buildings for a cohesive frontage, and Zelinsky Park. She
outlined the floor plan, areas of the proposed expansion, and fagade drawings of the new addition.
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page 7
Manuela King, the project's landscape architect, described landscape features of the project, the
surrounding beauty of the downtown core, aerial photos of the existing library and Town Hall, and
described the current unsafe pedestrian experience at the driveways to the buildings. She said the
Town has an opportunity to create a spectacular library and a beautiful gateway, a new Town Plaza,
an enlarged park and promenade, children's garden area, marsh enhancement, clear way-finding,
activation of public space, trail connections, plaza concepts, seating areas within the plaza garden
setting, and circulation to the park, library, pathways, and Town Hall, with ADA access, marsh
restoration and the opportunity for interpretive signage.
Riley Hurd, legal counsel for the Library Agency, said the need for library expansion is a good
problem to have. Regarding the zoning change, more usable space is achieved and the General Plan
indicates the project as something to be supported. Regarding the 100 foot buffer, the EIR indicates
that a 50-foot buffer for the marsh is adequate for biological purposes. He asked the Council to
agree with the independent consultant's conclusion regarding scenic view blockage and certify the
EIR, or, if they so chose, agree with the Planning Commission's conclusion regarding scenic view
impacts and adopt a statement of overriding considerations to approve the project.
Vice Mayor Fraser questioned whether the Library tracks residency of user visits and checkouts. Ms.
Mazzolini said yes; 77% of residents have library cards, and 56% are taxpaying residents, with
another 15% to 20% unincorporated county (Paradise Drive-area) users, and 15% inter-library loans
with other libraries. The remaining users are people in the unincorporated county area in Strawberry
at about 12%.
Vice Mayor Fraser asked if it would be fair to say that 60% of its use is by residents of Tiburon and
Belvedere. Ms. Mazzolini said there are many people in the unincorporated area, but cards are taxed
by their library jurisdiction, and outside users provide an income source. Their circulation figures
total 320,000 or about 190,000 to the taxpaying jurisdiction.
Councilmember Fredericks asked Ms. Mazzolini to clarify `taxpaying areas' and questioned whether
these support the library. Ms. Mazzolini said most of their financial support comes from taxes and
the only increase residents saw for the current facility was a $30 parcel tax increase to build the
existing building, which is what they are using to pay off the construction debt. There was also a $36
parcel tax for the County that transferred to this Library. But basically, she concluded, taxes are the
same relative to the prior Beach Road library location.
Councilmember Fredericks asked if tax revenues that come to the Library include revenues from
people who live in places other than the 94920 zip code. Ms. Mazzolini said no; revenue comes only
from the Library's tax-paying jurisdiction.
Councilmember Collins requested feedback regarding concerns expressed about the cost of the
library, its impact to taxpayers, a potential gap in funding, and increased building valuation. Ms.
Mazzolini noted that BTLA's premise is to raise money through private philanthropy to pay for the
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page 8
project. Any amount of gap could be phased into overall debt and she clarified there will be no
burden on the taxpayer if building valuation increases.
Councilmember O'Donnell questioned the additional annual cost for the library's expansion, and
how would this be made up by taxpayers. Ms. Mazzolini noted this information was contained in the
agenda packet; they compared the costs of operation in the current library and expanded library,
which totals $240,000. She confirmed that this would not be made up by taxpayers. Mr. Hurd
inter] ected, stating that the increased operating budget of $240,000 is already built into the library's
current budget. Also important is that while the library has taxing authority, it requires a super-
majority vote to change the flat tax. Any additional operating costs associated with the expansion are
intended to be privately funded.
Mayor Slavitz expressed concerns about parking, increased usage, and associated impacts from the
expansion. Ms. Mazzolini noted that the Library currently deals with overcrowding and tight service
points. The service area has about 16,500 persons, which she said will not change much. She
confirmed they do not expect substantially-increased usage by local residents or users visiting from
Mill Valley or other cities that have their own libraries.
Councilmember Collins noted there are currently 3,800 users per week now and he asked what is
expected for the expansion. Ms. Mazzolini said this is difficult to predict, as there has been no
analysis done. They believe their service base will not increase and briefly described additional
circulation and materials to teens, which has increased by 20% per year from 2007 to 2011.
Jackie Shafer, Teen Librarian, said the teens are wonderful and well behaved. She regularly sees up
to 30 to 35 teens every Tuesday in the Teen Lounge and said many take the bus to the library after
school.
Councilmember O'Donnell noted that one comment that came up in Planning Commission meetings,
as well as from letters, is that the amount of space for staff in the new building is inordinately larger
than the public space. He asked Ms. Mazzolini to elaborate on this and how it fits in with the plan or
whether there is room for some reduction. Ms. Mazzolini said the office spaces are very small and
will not increase. What has increased is the need for space for technical services for cataloging,
acquisitions, mail room, deliveries, storage of technical equipment and server equipment which was
not designed into the original building. This increase is significant and also serves to improve and
ensure a quieter public environment.
Councilmember Collins asked about the so-called `petting zoo' area. Ms. Mazzolini said this term
was coined by a staff member and the petting zoo has been very successful. It is an area where users
are able to test out reading devices or tablets such as I-Pads, Kindles or Sony Readers for two hour
blocks, in anticipation of a possible purchase of one of these items for personal use.
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 9
Vice Mayor Fraser asked whether the Library expects an increase in the number of visits per week.
Ms. Mazzolini said she hopes visits increase; however, what will not change significantly is their
service area population.
Councilmember Collins clarified with Ms. Devlin the amount of common space throughout the
library, which includes such areas relating to space for books, shelving, first and second floor reader
stations, internet stations, and the lobby entrance.
Andy Sohn, EHDD Architects, briefly described and explained some of the nomenclature used by
architects, which is sometimes different from what is used- for typical library space identification
terms by library personnel.
Councilmember Collins asked if thought was given to the upper nave itself for additional space for
stairs with banisters, like a balcony that is cantilevered out. Ms. Devlin said they looked at this
initially; it is an expensive space to build, it did not allow for reading areas on the second floor, and
structurally it would not work.
Councilmember O'Donnell voiced concern with placing parking in the rear, feeling people may enter
from the rear and not from the front of the building. He has seen other examples in towns where this
design is used and the front acts only as a fagade. Ms. Devlin recognized this as a good observation
to which they paid close attention. The General Plan calls for parking in the rear and she agreed most
people will enter from the back of the building. However, this is why activity functions were placed
in the front like the bookstore, cafe, community room, and the plaza area. People will also park on
the street and hopefully will come around and activate the plaza activities and space, and this is why
they maintained both entrances.
Mayor Slavitz referred to a question that came up regarding the mass of the building along the
frontage. He referred to the existing library's simple roof and on the opposite side in the new design
is a gabled roof which enhances its presence. It seems to him that the addition looks more massive
than the original structure and he questioned if there was an alternative that could be considered. Ms.
Devlin said they looked at about 50 design alternatives. The ceiling of the existing library and the
nave is lower than the roofline. They are able to put two stories up against the one story and not
include the ridge height. They looked at a scheme that simplified the ridge on the east side without
gables, which makes the building appear more massive. She thinks given the fact that the second
floor is being occupied, there are large windows, and the slope of the roof is the same as the existing
building, it makes this feel bigger when looking at the drawings. In actuality, they are able to make
the footprint smaller, so from a character point of view, the overall mass is made smaller.
Councilmember Fredericks questioned and confirmed that the setback from edge of curb to facing
windows on the gabled portion of the building is roughly 35 to 40 feet.
Mayor Slavitz referred to the use of the plaza space, street parking, and parking lot as all the same
size despite a much larger building. He asked for an explanation of how that would not contribute to
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 10
a parking shortage. Ms. Devlin said she could add nothing more to the analysis that has been done,
but creating a place that encourages a pedestrian environment will encourage alternatives with
bicycles and use of the bus stop.
Vice Mayor Fraser questioned and confirmed that the Town, as is done now, will have the ongoing
responsibility for care and maintenance of the marsh.
BREAK
Mayor Slavitz called for a short break at 8:35 p.m., and upon reconvening the meeting at 8:43 p.m.,
he called for public comment.
Public Comments:
Lou Weller, Planning Commissioner, recounted the recommendations of the Planning Commission,
stating the majority believed that while the rationale has been made to increase the library, its scale
as proposed was out of proportion to Town Hall. And, even though the space between the two
buildings was expanded, it was still narrow enough to create a scenic view impact. Additionally, they
discussed reducing the height at the front of the building and stepping it back so that the two-story
facade did not affect views as much, and for the square footage allocated for staff offices to be
reduced. He noted that the draft minutes have been completed and accurately reflect what was said at
the Planning Commission meeting.
Anyu Silverman, freshman at Redwood High School, supported the library expansion, voiced the
need for more space, and questioned why there would be any amount of opposition.
Nicole Schwakopf spoke of her daily trips to the library, the severe lack of space, and voiced support
for the expansion.
Jerry Schwakopf voiced support for the project, her love for reading, and discussed the library's
important connection to the community and her ability to serve as a volunteer.
Mo Newman said the best thing the town can do is to have a place for teens to hang out, and a library
is one of those places.
Jennifer Bank voiced support for the expansion of the library which she believes will greatly benefit
and enhance the lives of her family and children.
Wyman Harris said he thinks that an overused library is a wonderful problem to have, thinks the
expansion will serve as a wonderful legacy for the next generation and is one of the best things to do
for the community.
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page 11
Margaret Jones cited the fact that Mill Valley's library has no parking and works well. She discussed
the history of the Founder's Room, its significant amount of use and limited space, voiced opposition
to it being used for office space, and asked that it be saved.
Rita Fink discussed her work to move the library from a storefront 16 years ago when the Council
adopted a resolution to give the land to the Library in memory of her husband. She relayed her
regular patronage and work at the Library, its limited space, the popularity of the Founder's Room,
and voiced support for expansion.
Ric Postle read a statement into the regarding his passion for the library which he gave at the
Planning Commission meeting. He believes the expansion will broaden the Library's mission and
will evolve as a place for photography, video, music and film enjoyment, and be used as a hub or
forum to socialize and use technology.
Jim Levorsen spoke of naysayers at the time the library was at the post office building, the work to
build a foundation, and requested the Council's support for the expansion project.
Joan Don, Chairman of the Library Art Committee, spoke of their annual art shows of which the
library receives 25% in proceeds and activities that generate money used for the library expansion
fund, to buy art, CDs, DVDs, art works, and memberships to the Asian Art Museum. She cited
limitations of the Founder's Room and felt the expansion will enhance the library's cultural legacy.
Ron Helow spoke of his family's avid use of the library and his time spent understanding the need
for expansion, and voiced his support.
Lynn Lubbock said she lives at the lower end unit closest to the marsh and open space and is most
affected by the expansion and size of the parking lot out of the 34 homeowners in their community.
She asked that they be kept apprised of the landscaping and lighting process in moving forward. She
also hopes the marsh will continue to be maintained as it is now.
Connie Pierce said she and her husband look forward to an expanded library which will solidify its
role as a social, educational center in the community. In living across from it, they have voiced
concerns which are on record, have worked with the library architectural committee and are
optimistic to be able to work out height, massing, light and glare issues that could be problematic and
look forward to the expansion.
Carol Forell commended the Council on their astute questions and amount of time spent analyzing
the matter. As part of the founding group, she supports expansion, but believes the proposal is too
big. She is concerned that the aesthetic approach will no longer exist with the removal of the open
space and courtyard, feels the addition comes too far out toward the street, thinks there are problems
with handicapped parking being far away from Town Hall, opposes removal of the Founder's Room
and current children's area, and said the nave will not be seen well due to the proposed
reconfiguration.
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page 12
Sharon Bass voiced concerns about inadequate parking given the amount of service the rooms will
provide, voiced concern about parking on Mar West Street which is not well lit, and that parking will
be situated just outside the reading room and will ruin its ambience due to increased noise.
Carol Kurland, Library Foundation Board of Directors, said she visited some of the newer libraries in
the area and came away feeling that the Belvedere-Tiburon library has the bones and framework to
expand well. The only thing they lack is the space to realize their potential. She discussed examples
she had seen which were much larger, and felt that the needs of groups could be served with the
expansion. She hoped that the Council will help strengthen their ability to nurture and support the
life of the community with the expansion.
Heather Cameron, President of the BTLA Foundation, recited the Foundation's mission and said they
are fully committed to the expansion and are actively planning a campaign. They completed a
philanthropy plan and are moving ahead with enthusiasm and confidence.
Susan Schneider referred to the photovoltaic panels which she hoped will make the project a LEED-
certified "Gold" building in the future, voiced concerns about parking, said the 52-car parking lot is
close to the marsh and exhaust fumes will change the habitat and inevitably result in added debris.
She is also worried about the snowy egrets and blue herons and asked to scale back the size of the
project and accompanying parking lot in order for the wildlife to survive.
Ann Aylwin, Reed Union School District Representative, is excited about the proposed expansion
for schools, kids and community, as well as the vibrant space which will be created between Town
Hall and the Library. She toured other renovated libraries, she recognized that schools have seen a
25% increase, and said the library will provide a place for them. She acknowledged Mill Valley's
thriving library and community center and loves the design for the expansion.
Ken Weil supported the expansion as stated that as a former library director, he has overseen four
library projects and knows the positive impact that a modern, well-designed library has on the
community as a whole. He recognized the majority of residents support expansion and knows they
will make it part of their life.
Bonnie Spiesberger, Trustee of the BTLA Foundation, voiced support for the project and echoed the
many positive comments made tonight. She visited many libraries in the Bay Area and found they all
looked ahead to the future. The explosion of library use across the state addresses educational needs
of students and adults, and an expanded library will benefit all user groups.
Allan Bortel said 54% of Tiburon residents are over 45; while only 33% of Californians are over age
45, with 33 years as the median age. Aging in place is going to create greater demand by seniors and
an expanded Library will be the most important place in town for them. It will have no stairs, no
noise and will provide intellectual stimulation. He believes the square footage is not enough, noted
that seniors will be able to ride Whistle Stop, and thinks some of the parking concerns are very much
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 13
overdone.
Stephanie Evans said she is a brand new resident to Tiburon,- and the Library is part of the reason
why she wants to spend the second part of her life here. She thanked the Library staff for a recent
tour and voiced support for the expansion.
Charles Auerbach said he was on the original steering committee for the plan to develop the library
and is happy that the plan incorporates more space and that the architect has melded the addition into
the building to make it look like original construction. In regards to use of the back entrance, he
thinks the beautiful fagade in the front will be heavily used by pedestrians, bicyclists, those taking the
bus, parents dropping off their children, and others.
Andra Nirenberski discussed her patronage and participation with the Library over the last 12 years;
agrees there is a significant lack of space for all users and feels confident that the expansion will
meet the needs of the community and is flexible enough to make future changes.
Eric Schoenberg explained his experience when walking his dog along the fire road at St. Hilary's
Open Space and thinks there are much larger buildings and spaces in the area, such as the tennis
courts and Marsh Road apartments. He did not believe parked cars would cause damage from fumes
and voiced support for the expansion.
Hank Bruce, former DRB member and current member of the Library Architectural Committee, cited
the significant amount of hard work that has gone into the project and the responsiveness to
comments. The project is incredibly complex; many restrictions have been solved, and he asked the
Council to think about the library being more of a town center.
There being no one else desiring to speak, Mayor Slavitz closed the public hearing at 9:55 p.m. He
asked the Library if it wished to make any clarifications or responses.
Riley Hurd briefly described the history of prior approvals for the library, which he felt were
important factors relating to size and need. He believes the current expansion accommodates the
needs of teens, adults, seniors, artists, volunteers, and many others, said the 100-foot buffer policy is
not based on science specific to the marsh, but that the EIR analysis is and states that a 50-foot buffer
is adequate. He also noted that parking was analyzed thoroughly in the EIR and has been deemed a
less than significant impact; the Town's policies support the expansion; there has been demonstrated
need; and the Council has heard of the many benefits and is aware of community support. He said
the building will be functional, cost-effective and green. Regarding the Planning Commission's issue
on views, he believes they are not blocking but rather framing the view, and he asked for the
Council's support of the expansion and approval as soon as possible.
Mayor Slavitz thanked all speakers for their comments and for respecting time limits, and suggested
the Council begin with discussion of the EIR.
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 14
Councilmember Fredericks said the EIR issue to be addressed is whether or not there is significant
major impact on the scenic view. This is difficult because it is not just perceptual but how
individuals have experienced that view, and the Planning Commission recommended the Town
Council find that the impact is significant and unavoidable. This is a view one sees as they head into
town or in the area immediately opposite the Library. The ridge view is not the same as open water
view, and while not important or precious, people see it coming into town as a geological land form.
In fact, that view is obscured and not continuous at times of the year because of trees and the
changing perspective. She likened it to urban capture and said it is fleeting. With the new expansion,
there will be a 48-foot front corridor which is not insignificant and is three times the width of some
of the roads in her neighborhood. While it will change the view, it will be on balance with new views
from the library. What one gets will be the experience of the view while sitting in the library, as well
as the open spaces accessible and created by the project. A promenade will also be captured, and she
thinks that if this can be considered a mitigation, she would not find that the impact on the view is
significant and unavoidable but rather a change and, overall, a significantly larger capture of the
available view.
Councilmember O'Donnell completely agreed with Councilmember Fredericks' point of view and
said they are not closing the view but expanding a public facility from which the view will be
enhanced. Users will see it from the back of the library building. The view of the ridgeline can also
be seen from other places in downtown.
Councilmember Collins said he is hearing there is disagreement with the EIR that found elimination
of the view to be significant and unavoidable. When in a tunnel, one doesn't have to look left or right
and he believes the view of the open space is very important. It can be seen and it does not need to be
framed from a 48-foot wide corridor which has trees, lattice work, and a walkway in its middle.
Therefore, the 48 feet is not the real distance through which to see the view. In his view, this violates
the General Plan, specifically Goal OSC-C and Policies LU-11, OSC-8, OSC-29, OSC-30, and more.
He thinks the view is part of the Town's land that many citizens fought for, and he feels there is
another way to go about expanding the library that is not being presented.
Vice Mayor Fraser cited the differing points of view, stating the people who worked on the project
did a thorough job. Clearly there is a need in the community. He supported the expansion as the right
thing to do and said he believes it is a matter of degree. The Planning Commission did a superlative
job in making the proper recommendations to the Council. They made a clear statement about views,
traffic and parking, and he is troubled by what the Commission said about views when, in fact, they
will impact the scale of this building. He suggested that the Council hold a dialogue about scale and
views before making a decision, recognized that the Commission made good recommendations,
thinks staff was accurate in saying it will obstruct 60% of current views, and he questioned if there is
a way to balance it to end up with what they want while taking into consideration the guidelines and
principles of the General Plan.
Mayor Slavitz questioned what the end result is of certifying the EIR by the Council with a finding of
significant visual impact. Mr. Anderson said the finding is an informational observation and does not
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 15
necessarily limit the project. He said the scenic view impact could be something the Council finds
useful in moving forward with its comments on the project or the Council can simply approve the
project and override the impact if it chooses.
Mayor Slavitz questioned what would happen if there are changes to the scale and design of the
project, and Mr. Anderson noted any changes would need to be considered in terms of their merit.
Councilmember Fredericks asked whether the EIR provided quantitative analysis of view loss of the
ridgeline, specifically the 60% figure used in the staff report. Mr. Anderson responded that Staff
generated the 60% loss of ridge view estimate following completion of the EIR by scaling from the
various photo-simulations contained in the EIR. Using this method Staff determined that
approximately 60% of the existing span of ridge view would be blocked by Alternative D.
Mayor Slavitz said he is very happy with the project, and felt the Library is part of the community
and people's lives and clearly can be a lot more than it is now. He referred to page 5 of the staff
report and the key EIR findings and agrees with most of them. He also understands Councilmember
Collins' comments and would agree with the Planning Commission recommendation that the view
blockage with Alternative D does create a significant and unavoidable impact which, functionally,
has no bearing on whether the project can be approved. He stated that design changes might alleviate
that problem. He noted parking was also a big concern of his, but the comment made about the Mill
Valley Library is absolutely right on: that library is bigger, very busy, and there is no parking and yet
it functions. He said he would love to understand how the Town might judge the project's parking
better. He supports certifying the EIR with the scenic impact finding of the Planning Commission
realizing it makes more of a statement than an actual difference in the project.
Councilmember Fredericks said if the Council does make a finding that the view change is a
significant and unavoidable impact, she asked if they will have to make findings to override it. Mr.
Anderson said if the Council chooses -to approve the project as proposed it will need to include
rationale for approving the project while significant impacts remain. This would need to be done in
any event, because there are other significant and unavoidable impacts, in addition to the view
impact, where a statement of overriding considerations will be necessary.
Vice Mayor Fraser supported the Mayor's point about the fact that the finding of the Commission
makes it more or less a statement only.
Councilmember O'Donnell voiced confusion over the process and suggested discussing other
elements individually.
Councilmember Fredericks voiced support for the 50-foot setback buffer. She questioned whether
the Council had to vote separately on the view blockage finding. Mr. Anderson responded that
Exhibit 1 is the draft resolution which would certify the EIR. The issue relating to the ridge blockage
impact is the last paragraph and the Council could choose to keep or delete this paragraph.
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page 16
Councilmember Fredericks said given there is no legal impact, she asked if the EIR could be certified
making a note that some Councilmembers disagree and others do not, and then go forward into the
discussion of the merits of the project.
Town Attorney Ann Danforth did not recommend this process. She said the resolution appears to be
supported by a majority of the Councilmembers. If the Council views the impact as significant and
unavoidable, there would be the question in connection with the merits as to whether this impact
might warrant a reduction in scale. The vote could also indicate that two Councilmembers disagreed
with this particular paragraph.
Mayor Slavitz asked if there is a way to vote on the EIR separate from this paragraph. Ms. Danforth
suggested voting on the resolution as prepared and those Councilmembers who oppose it could
indicate for the record why they voted in dissent.
Councilmember Fredericks pointed out that the EIR does not contain the paragraph. Ms. Danforth
said the way resolutions have been set up is that they adopt the findings of the EIR and note any
exceptions. The Council can make findings by individual impact, but the result is that if the Council
wants to certify the EIR it must be done by a resolution that is agreed to by all. Councilmember
Fredericks said she objects to voting for a resolution that has a paragraph that is not in the EIR and
prefers to certify the EIR as it is written.
Ms. Danforth said the process used by the Planning Commission was to have a vote on whether to
include the paragraph in the resolution, and then hold a separate vote on the resolution itself. She
said staff could return with findings regarding specific impacts later.
Councilmember Fredericks confirmed with staff that if the paragraph was left out now, staff could
later craft findings to be adopted prior to any project approval.
Councilmember Collins noted that the paragraph deals with Alternative D, and he asked whether or
not it should read, "Refined Alternative D". Mr. Anderson responded that the EIR did not address the
refined project design, which did not yet exist, only Alternative D.
Councilmember Collins raised the issue of how parking would be addressed, and Mr. Anderson said
there will be a lengthy resolution containing CEQA findings, which the Council will need to adopt
prior to acting on the merits of the project.
Mayor Slavitz confirmed with Ms. Danforth that the resolution can exclude the final paragraph if the
wish is to have a resolution that all Councilmembers can support, and that instead of addressing the
issue in the certification resolution, the Council could adopt a separate resolution at a later date that
contains more detailed findings regarding the environmental impacts.
MOTION: To certify the EIR and adopt the resolution (Exhibit 1 of the Staff Report) as amended,
deleting the last paragraph.
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 17
Moved: O'Donnell, seconded by Collins.
Vote: AYES: Unanimous
MOTION: To read by title only the rezoning ordinance (Exhibit 2 of the Staff Report).
Moved: Collins, seconded by Fredericks.
Vote: AYES: Unanimous
Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon Rezoning Certain
Property from OS (Open Space) to P (Public/Quasi-Public) Zone to Accommodate an Expansion of
the Belvedere-Tiburon Public Library".
MOTION: To pass first reading of the ordinance.
Moved: Fredericks , seconded by Fraser.
Vote: AYES: Collins, Fraser, Fredericks, O'Donnell & Slavitz
NOES: None
MOTION: To read by title only the rezoning ordinance (Exhibit 3 of the Staff Report).
Moved: O'Donnell, seconded by Collins.
Vote: AYES: Unanimous
Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon Rezoning Certain
Property from NC (Neighborhood Commercial) to P (Public/Quasi-Public) Zone to Correct a Prior
Mapping Error".
MOTION: To pass first reading of the ordinance.
Moved: O'Donnell, seconded by Collins.
Vote: AYES: Collins, Fraser, Fredericks, O'Donnell & Slavitz
NOES: None
MOTION: To read by title only the master plan amendment ordinance (Exhibit 4 of the Staff
Report).
Moved: Fraser, seconded by Collins.
Vote: AYES: Unanimous
Mayor Slavitz read, "An Ordinance of the Town Council of the Town of Tiburon Amending the
Point Tiburon (Northwestern Pacific Railroad) Master Plan (PD#42) to Accommodate an Expansion
of the Belvedere-Tiburon Public Library".
MOTION: To pass first reading of the ordinance.
Moved: Fraser, seconded by Collins.
Vote: AYES: Collins, Fraser, Fredericks, O'Donnell & Slavitz
NOES: None
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 18
Mayor Slavitz stated that the public hearing has been closed, and he suggested a motion to continue
the item to October 19, 2011 for the Council to consider the merits and findings of the project.
MOTION: To continue the item to the meeting of October 19, 2011 for deliberation on the
project merits and findings.
Moved: Fredericks , seconded by Fraser.
Vote: AYES: Unanimous
2. Alta Robles Precise Development Plan - Consider actions related to the Alta Robles Precise
Development Plan and prezoning applications for the eventual subdivision of 52.2 acres of
land, currently developed with one single-family dwelling into 14 single-family residential
lots (Planning Manager Watrous) - item continued without discussion to November 2, 2011
MOTION: To continue without discussion to November 2, 2011.
Moved: Fraser, seconded by Collins.
Vote: AYES: Unanimous
TOWN COUNCIL REPORTS
None
TOWN MANAGER'S REPORT
None
WEEKLY DIGESTS
• Town Council Weekly Digest-
September 9, 2011
• Town Council Weekly Digest-
September 16, 2011
• Town Council Weekly Digest -
September 23, 2011
• Town Council Weekly Digest-
September 30, 2011
No discussion.
ADJOURNMENT
There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz
adjourned the meeting at 10:37 p.m.
JEFF SLAVITZ, MAYOR
Town Council Special Meeting Minutes #21-2011 October 5, 2011 DRAFT Page 19
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Town Council Special Meeting Minutes #21-2011 October S, 2011 DRAFT Page 20
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
Town Council Meeting
October 19, 2011
Agenda Item:
Cc
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Department of Public Works
Resolution Commending John McKelvie for his 25 years of service with the
Town of Tiburon
0~--
On October 6, 2011, Public Works Maintenance Foreman John McKelvie completed his 25th
year of service to the Town of Tiburon. Mr. McKelvie continues his service as a valued and
trusted member of the Public Works Department.
RECOMMENDATION
Staff recommends that the Town Council:
Adopt the resolution commending Mr. John McKelvie for his 25 years of service with the
Town of Tiburon.
Exhibit:
Prepared By:
Resolution
Nicholas T. Nguyen, Director of Public Works
TOWN OF TIBURON PAGE 1 OF 1
Resolution No. XX-2011
A Resolution of the Town Council of the Town of Tiburon
Commending Public Works Foreman John McKelvie on the
25th Anniversary of his Employment with the Town of Tiburon
Whereas, John first began his career at the Town of Tiburon Public Works Department
on December 1, 1969 and worked until September 16, 1983 as a Maintenance
Worker II;
Whereas, John briefly left the Town of Tiburon Public Works Department to work in the
Reno, Nevada Public Works Department until he returned to the Town of Tiburon
on October 6, 1986;
Whereas, John has been an employee of the Town of Tiburon for 25 continuous years
since his return in 1986, and has risen through the ranks to the position of Public
Works Foreman;
Whereas, John's tenure with the Town of Tiburon actually spans a total of 39 years of
service to date, years during which he has been a leader and mentor to department
staff, and has led and participated in numerous projects for the greater good of the
community, including the construction of the new Town Hall, the new Police
Department, the reconstruction of the Ferry Plaza and Fountain Plaza, and many
other projects, large and small, too numerous to mention; and
Whereas, John has provided critical public safety support during winter storms, many
times using his skills in operating heavy machinery to help advert crises and
preserve life and property from flooding and downed trees;
NOW THEREFORE, the Town Council of the Town of Tiburon does hereby heartily
thank and congratulate John McKelvie on his more than 25 years of distinguished
and dedicated service to our community.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on October 19, 2011, by the following vote:
COUNCILMEMBERS: AYES: Collins, Fraser, Fredericks, O'Donnell, Slavitz
JEFF SLAVITZ, MAYOR
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
To:
From:
Mayor and Members of the Town Council
Community Development Department
Town Council Meeting
October 19, 2011
Agenda Item:
(7c_.~
Subject: Authorization for Town Manager to Negotiate and Execute a Services
Agreement with Nelson-Nygaard for Preparation of a Downtown
Tiburon Circulation and Parking Study
y
Reviewed By:
BACKGROUND
One of the short-term implementation measures identified as part of Tiburon's ongoing
Downtown Vibrancy process was the preparation of a circulation and parking study focused on
the downtown area.
Town staff solicited proposals for this work in August 2011 and received four proposals from
qualified firms. After carefully reviewing the proposals, staff and the Downtown Vibrancy ad-
hoc committee recommend the San Francisco-based firm of Nelson-Nygaard to perform this
work.
FISCAL IMPACT
This item is contained within the FY 2011-12 adopted Town Budget as a $45,000 capital
improvement plan (CIP) line item. Town Council action is required because the services
agreement would exceed $40,000. There would be no unanticipated fiscal impacts from this
action.
RECOMMENDATION
Staff recommends that the Town Council approve the recommended consultant selection and
authorize the Town Manager to negotiate and execute a service agreement with Nelson-Nygaard
in an amount not to exceed $45,000. Affirmative action on this Consent Calendar item would
authorize these actions.
Prepared By: Scott Anderson, Director of Community Development ~
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
October 19, 2011
Agenda Item:
(2--
Subject: Adoption of an Ordinance Amending a Section of Chapter 16 (Zoning)
of the Tiburon Municipal Code to Create an Additional Exemption
from the Conditional Use Permit Requirement for Wireless
Communication Facilities (WCF's); Town-Initiated application; File
No. MCA 2011-06
Reviewed by:
BACKGROUND
The Town Council held first reading of this ordinance at its meeting on September 7, 2011. No
changes were requested or made to the draft ordinance at that meeting. Adoption was scheduled
for the next regular meeting of the Town Council on September 21St. However, the September
215 2011 meeting was cancelled and the October 5, 2011 meeting was a special meeting. By
state law, ordinances other than urgency ordinances must be adopted at a regular meeting, so this
meeting presents the first opportunity to adopt this ordinance.
PROCEDURE
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. Should
the Council wish to discuss the item, it must be removed from the Consent Calendar and voted
upon separately.
RECOMMENDATION
Staff recommends that the Town Council approve final adoption of Ordinance No. 533 N. S., a
draft of which is attached as Exhibit 1, as part of the Consent Calendar.
EXHIBITS
1. Draft Ordinance No. 533 N. S.
Prepared by: Scott Anderson, Director of Community Development
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
ORDINANCE NO. 533 N. S. (DRAFT)
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF
TIBURON AMENDING TITLE IV, CHAPTER 16 (ZONING) OF
THE TIBURON MUNICIPAL CODE TO EXEMPT CERTAIN
WIRELESS COMMUNICATIONS FACILITIES FROM THE
CONDITIONAL USE PERMIT PROCESS
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. FINDINGS AND PURPOSE
A. The Town of Tiburon Municipal Code currently requires a conditional use permit for all
wireless communications facilities. The Code's broad definition of "wireless
communications facilities" includes any antenna or other device or system of devices
used for the transmission or reception of electromagnetic signals, including, but not
limited to, radio waves and microwaves.
B. The Town desires to create an exemption for low-wattage public safety antennas meeting
specific criteria.
C. The Planning Commission held a duly-noticed public hearing on August 24, 2011, heard
and considered all testimony, and recommended adoption of the proposed ordinance to
the Town Council.
D. The Town Council held a duly noticed public hearing on September 7, 2011, and heard
and considered public testimony on the proposed amendment.
E. The Town Council finds that all notices and procedures required by law attendant to the
adoption of this Ordinance have been followed.
F. The Town Council finds that the amendment made by this Ordinance are necessary for
the protection of the public health, safety, and welfare and are consistent with the goals
and policies of the Tiburon General Plan and other adopted ordinances and regulations of
the Town of Tiburon.
G. The Town Council finds that adoption of this ordinance is categorically exempt from the
requirements of the California Environmental Quality Act per Sections 15303, 15305,
and 15308 of the CEQA Guidelines, and under the "general rule" set forth in Section
15061(b)(3) of the CEQA Guidelines.
Town of Tiburon Ordinance No. N.S. Effective 442011 1
EXHIBIT NO.
SECTION 2. AMENDMENT.
Title IV, Chapter 16, Article IV, Section 16-42.030 (6.) of the Tiburon Municipal Code is
hereby added to read as follows:
6. An antenna owned and operated by a public agency exclusively for public safety
purposes, provided that it meets the following criteria:
a) The antenna shall be located in the public/quasi-public zone.
b) The wattage does not exceed 200 watts at full power.
C) The antenna is located on a pre-existing structure.
d) The antenna (not including its pre-existing support structure) shall be a
whip-style antenna and shall not exceed 25 feet in height.
e) The proposed wireless communication facility has a valid FCC license on
file with the Town.
fl An electrical permit for the installation shall be secured from the Tiburon
Building Division.
g) The structural attachment/anchoring method for the antenna shall be
approved to the written satisfaction of the Tiburon Building Division.
h) Compliance with OET Bulletin 65, or any successor document thereto,
shall be demonstrated by a qualified radio frequency engineer.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason
held by a court of competent jurisdiction to be invalid, such decision shall not affect the validity
of the remaining portions of this ordinance. The Town Council declares that it would have
passed this ordinance and each section, subsection, sentence, clause and phrase thereof,
irrespective of the fact that any one or more section, sentences, clauses or phrases may be
declared invalid.
SECTION 4. 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 September 7, 2011 and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on September 21, 2011, by the following vote:
Town of Tiburon Ordinance No. N.S. Effective 442011 2
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
S: Wdmin istration I Town CouncillStafJ'Reportsl201110ctober S drafislWCFzoning amendment adoption draft ordinance.doc
Town of Tiburon Ordinance No. N.S. Effective --/--/2011
To:
From:
Mayor & Members of the Town Council
Community Development Department
Town Council Meeting
October 19, 2011
Agenda Item:
T' /
/
Subject: Belvedere-Tiburon Public Library Expansion Project: 1501 and 1505
Tiburon Boulevard; Continued Deliberation on Merits of Applications
for General Plan Amendment, Rezoning, and Amendments to the
Point Tiburon Master Plan and Point Tiburon Precise Plan Associated
with a Planned 17,000 Square Foot Addition to the Library Facility
(Continued from October 5,2011 Public Hearing Closed)
Reviewed by:
BACKGROUND
At its October 5, 2011 meeting, the Town Council held a public hearing on this project, closed
the public hearing, voted to certify the environmental impact report for the project, and held first
reading of ordinances rezoning properties and amending the Point Tiburon Master Plan map. The
item was continued to the regular meeting of October 19, 2011 in order for the Town Council to
continue its deliberations on the library expansion applications. Draft minutes of the October 5,
2011 Council meeting are contained within the packet for this meeting.
ISSUES TO BE RESOLVED
While many of the outstanding issues identified in the October 5, 2011 staff report appear to have
been resolved at that meeting, a few key decisions remain to be resolved through the Council's
continued deliberations. These are:
1. Scale of the Expansion and Consistency with Town Policies
The scale of the building additions was mentioned most often by persons not favoring the project,
both at the public hearings and in written correspondence, and the Planning Commission
recommended that the Council consider the feasibility of reducing the size of the addition. This
is clearly the primary issue requiring Council direction prior to any approval of the pending
applications. The disposition of this issue will enable Town staff to finalize the CEQA Findings
of Fact resolution that must be adopted before approvals can be granted.
The Town Council has the authority to reduce the size of the project to reduce environmental
impacts and/or achieve consistency with Town goals and policies, including those protecting
scenic views, the small-town village character of Downtown, and appropriate scale and bulk of
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
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buildings. Staff recommends that any such direction be of sufficient specificity such that the
applicant will have a high degree of confidence that only minor refinements would be required
during review of subsequent detailed site plan and architectural drawings. Such direction could
take the form of a minimum required distance between buildings, a specific square footage
reduction, a height or roof-line modification, or a combination of the above.
2. Visual impact of ridgeline blockage as significant or less than significant
In certifying the EIR, the Town Council postponed a determination as to whether the visual
blockage of the Tiburon Ridge from Tiburon Boulevard would be a significant and unavoidable
impact of the project. The Town Council has the following options:
a) Determine that the impact is less than significant (LTS). Reasons for this could be the
fleeting nature of the current view and/or the lack of public prominence of the
viewpoints being affected.
b) Determine that the impact (with Refined Alternative D) remains significant and
requires project modifications that would reduce the impact to a LTS level. For
example, further widening of the distance between the proposed Library addition and
the Town Hall building could ameliorate the impact to a LTS level if determined
sufficient by the Town Council.
c) Determine that the impact is significant and unavoidable (SU) and make findings of
overriding considerations to approve any Library expansion project that substantively
reduces views of the Tiburon Ridgeline from Tiburon Boulevard. The basis for the
override could be that the social and community benefits of the project outweigh the
adverse impacts on scenic views.
In any event, in order to approve any substantive Library expansion, the Town Council will
need to make findings to override air quality plan inconsistency impacts and construction
noise and ground-borne vibration impacts, which the EIR found to be significant and
unavoidable.
3. Application for Amendment of Policy OSC-20 Concerning Wetland Buffers
Neither the project as proposed nor any of the "build" alternatives provide the 100-foot
wetlands buffer between development and wetlands that is set forth in Open Space &
Conservation Element Policy OSC-20. While that policy contains a qualification of "to the
maximum extent feasible", Staff had originally encouraged a text amendment to the policy as
the most conservative method to achieve consistency with the least exposure to challenge.
The Planning Commission, however, determined that the existing policy contained sufficient
flexibility that it did not require a general plan text amendment, and recommended a Council
finding that a meaningful addition to the Library was not feasible if a 100-foot buffer setback
is required from Railroad Marsh and was therefore consistent with the General Plan policy. It
should also be noted that the EIR determined a 50 foot buffer to be adequate from a biological
impact perspective. Both options achieve the desired effect of addressing the policy with
respect to the Library expansion; the choice between them is a policy judgment.
October h,,~ 2 k". 1, 1, 1
The options before the Town Council are as follows:
a) Accept the Planning Commission's recommendation and determine that no
amendment of Policy OSC-20 is required. In this event no further action is
necessary at this time, and a finding of infeasibility will be incorporated
into the appropriate resolution for subsequent adoption.
b) Approve the amendment of Policy OSC-20 to read as follows:
OSC-20: Buffer zones of at least 100 feet shall be provided, to the
maximum extent feasible, between development and wetland areas, unless
a different buffer distance has been established in a previously-adopted
Town wetlands management plan.
4. Effect of Expansion on Town Hall building Expansion or Entryway
At the October 5 meeting, Councilmember Collins inquired whether the proposed :Library
expansion would effectively preclude any future expansion of the 9,000 gross square foot Town
Hall building. Staff indicated that the planned project on Ned's Way will create a de facto
expansion of Town Hall by relocating the Belvedere Tiburon Joint Recreation staff to the new
building and free up the second story for Town Hall purposes; staff noted that even if that project
does not come to pass, another home would be found for Joint Recreation if the space needs of
Town Hall demanded it. Staff did, however, state that the Library expansion and concomitant
improvements to Zelinsky Park would inhibit a physical expansion of the building to the rear.
Upon further investigation, staff realized it was incorrect regarding physical expansion capability.
In fact, there is adequate room for a future two-story expansion of Town Hall that could fairly
easily accommodate 1,600 new square feet, or even be as large as 3,500 square feet (or larger if
the ten foot setback to the adjacent parking lot was reduced) if more of the -available footprint to
the rear of the building is utilized (see Exhibit 7).
Concern has also been voiced that the relocation of parking on the site could result in the rear
door to Town Hall becoming the dominate entrance for visitors. In fact, in Alternate D or
Refined Alternate D, when coming from the parking in the rear, the walk is actually shorter to the
front entrance of Town Hall than to the rear door even if one walks past the accessibility ramp
and comes up the front steps.
CORRESPONDENCE
Only a few letters and a-mails have been received subsequent to the October 5, 2011 meeting.
They are attached as Exhibit 8.
RECOMMENDATION
The public hearing has been closed. Staff recommends that the Town Council:
1. Deliberate on the land development applications and provide direction to the applicant
and staff regarding any project modifications. It is unlikely that the CEQA Findings
of Fact Resolution will be complete enough for adoption at the October 19th meeting,
and this Resolution must be adopted prior to any project approvals. Staff has included
the various approval documents in draft form only, in order that the Council may be
familiar with their content. For simplicity purposes, the documents have been drafted
to reflect approval of the Refined Alternative D project without significant scaling
back or modification, which could trigger modifications to the draft documents.
2. In the event that adoption is not feasible at this meeting, continue the item to a date
specific.
3. In the event that project approval at this meeting is found to be feasible, and the Town
Council is ready to proceed, staff recommends the following order of actions,
reviewing each document before adoption to incorporate any necessary revisions:
a. Adopt the Resolution (Exhibit 1) making CEQA Findings of Fact and adopting a
statement of overriding considerations, making any necessary changes to reflect
the results of Town Council deliberations.
b. Adopt the Resolution (Exhibit 2) approving the General Plan Amendments
(without any change to Policy OSC-20 if that has been Council's direction) and
adopting a mitigation monitoring program, revising and finalizing any findings
and conditions of approval regarding the project as necessary to reflect the results
of Town Council deliberations.
c. Hold second reading and adopt the Ordinance (Exhibit 3) rezoning a portion of
Lot 10 of the Point Tiburon Subdivision.
d. Hold second reading and adopt the Ordinance (Exhibit 4) rezoning a portion of
the Tiburon Town Hall parcel.
e. Hold second reading and adopt the Ordinance (Exhibit 5) amending the Point
Tiburon Master Plan map.
f. Adopt the Resolution (Exhibit 6) approving the amendment to the Point Tiburon
Precise Plan map.
g. Direct staff to begin preparation of a streamlining ordinance for the subsequent
review of detailed site plan and architectural drawings for the project.
EXHIBITS
1. Draft Resolution making CEQA findings of fact, including a statement of overriding
considerations (rough draft only).
2. Draft Resolution approving the General Plan Amendments and a mitigation monitoring
program.
3. Draft ordinance rezoning a portion of Lot 10 of the Point Tiburon Subdivision.
4. Draft ordinance rezoning a portion of the Town Hall parcel at 1505 Tiburon Boulevard.
5. Draft ordinance amending the Point Tiburon Master Plan for a portion of Lot 10.
6. Draft Resolution amending the Point Tiburon Precise Plan for a portion of Lot 10.
7. Drawing showing areas for possible future expansion of Tiburon Town Hall.
8. Correspondence received since October 5, 2011 meeting.
T-1 p
ober
PREVIOUSLY DISTRIBUTED (and available for viewing on the Town's web site)
➢ Draft Environmental Impact Report, Belvedere-Tiburon Library Project, prepared by
Christopher A. Joseph & Associates, June 2010.
➢ Revised Draft Environmental Impact Report, Belvedere-Tiburon Library Expansion
Project, prepared by Leonard Charles and Associates, March 2011.
➢ Final Environmental Impact Report, Belvedere-Tiburon Library Expansion Project,
prepared by Leonard Charles and Associates, August 2011.
➢ Drawing Sets dated October 5, 2011 (Date-stamped Received September 28, 2011)
(available for review on the Town's website at www.ci.tiburon.ca.us from a link in the
News Box)
Prepared by: Scott Anderson, Director of Community Development
S: WministrationlTown CouncillStaffReports120111October 19 draftslLibrary Expansion staff report 10-19 v3.doc
DRAFT (REVISIONS PENDING)
RESOLUTION NO. XX-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
ADOPTING FINDINGS RELATING TO THE BELVEDERE-TIBURON LIBRARY
EXPANSION PROJECT LOCATED AT 1501 TIBURON BOULEVARD (FILES #40801,
308049 GPA 2008-02 AND R 2008-01) PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT
(ASSESSOR PARCEL NOS. 58-171-929 939 & 94 AND A PORTION OF 58-171-62)
WHEREAS, on October 5, 2011 the Town Council of the Town of Tiburon adopted
Resolution No. 47-2011 certifying the Environmental Impact Report for the Belvedere-Tiburon
Library Expansion Project ("Project").
NOW, THEREFORE BE IT RESOLVED that pursuant to California Public Resources
Code section 21081, the Town Council hereby makes findings of fact regarding the conclusions
reached in the project's Environmental Impact Report, including findings of overriding
considerations. The Town Council's findings are set forth in the document labeled "Findings of
Fact for the Belvedere-Tiburon Library Expansion Project", which is attached hereto as Exhibit
"A" and incorporated herein.
PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of
Tiburon, State of California, on , 2011 by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
S:IAdministrationlTown CouncillStaffReports1201110ctober 19draftslLibrary Expansion CEQA Findings reso.doc
E YI-JIBIT NO.
Tiburon Town Council Resolution No. XX-2011 --1--12011 Page 1
EXHIBIT "A"
FINDINGS OF FACT FOR THE
BELVEDERE-TIBURON LIBRARY
EXPANSION PROJECT
SECTION I -INTRODUCTION
The Environmental Impact Report (EIR) for the Belvedere-Tiburon Library Expansion project
`Project") analyzes the environmental impacts that could potentially result from construction and
implementation of the project. These findings have been prepared to comply with the requirements of
the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., and
the CEQA Guidelines (Cal. Code Regs., Tit. 14, Section 15000 et seq.). In particular, thee findings
are prepared to comply with the provisions of Public Resources Code section 21080, requiring the
lead agency (Town) to make certain findings when an EIR identified potentially significant impacts.
SECTION 2- RECORD OF PROCEEDINGS; LOCATION AND CUSTODIAN OF RECORD
The Recording of Proceeding ("Record") upon which the Town Council bases these findings and its
actions and determinations regarding the proposed project includes, but is not limited to:
The Draft Environmental Impact Report, Belvedere-Tiburon Library Expansion Project,
Christopher A. Joseph & Associates, June 2010.
2 The Revised Draft Environmental Impact Report, Belvedere-Tiburon Library Expansion
Project, Leonard Charles and Associates, March 2011.
3 The Final Environmental Impact Report, Belvedere-Tiburon Library Expansion Project,
Leonard Charles and Associates, August 2011.
4 All staff reports, Town files and records and other documents, prepared for and/or
submitted to the Planning Commission, Town Council and/or Town staff relating to the
Final EIR and/or the proposed project.
The location and custodian of the Record is the Town of Tiburon Director of Community
Development, 1505 Tiburon Boulevard, Tiburon, California, 94920.
SECTION 3A--SIGNIFICANT IMPACTS THAT CAN BE MITIGATED TO A LESS-THAN-
SIGNIFICANT LEVEL
The FEIR indicates that certain significant environmental impacts will or may result from approval of
the proposed project (the proposed project is a slightly refined version of Alternative D from the Final
EIR that the applicant has agreed to in writing as the project proposal). Each of these significant
impacts can be mitigated to a less-than-significant level. In response to those significant impacts so
identified in the FEIR discussed in this Section 3A, alterations have been required to the proposed
project or mitigation has been incorporated into or imposed on the project that will avoid or
substantially lessen each significant environmental impact identified in this section. The Town
Council hereby finds that each and every mitigation measure identified in this section is feasible and
has been imposed on or incorporated into the proposed project, and the Town Council further finds
that the significant impacts described in this section have been reduced to a less-than-significant level
by incorporation of these mitigation measures.
Exhibit ..A.. to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING)
Air Quality
Impact AQ-2 Dust Emissions
Facts and Evidence
In Section IV.C (Air Quality) the EIR found that construction activities, including grading of site soils
would generate dust, which would affect air quality.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that construction period
impacts due to dust will be mitigated to a less-than-significant level by the imposition of Mitigation
Measure AQ-2a. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
These mitigation measures will reduce dust emissions from grading and other construction activities to
a less-than-significant level by implementing dust control measures. These dust control measures
include preventing visible dust clouds from extending beyond construction sites, watering all active
construction areas at least twice daily and more often during windy periods, sweeping paved streets,
and covering all hauling truck or maintaining two feet of freeboard. Implementation of these measures
will reduce this impact to a less-than-significant level.
Biological Resources
Impact BIO-1 Railroad Marsh
Facts and Evidence
In Section IV.D (Biological Resources) the EIR found that project improvements could adversely
affect Railroad Marsh and wildlife inhabiting that marsh.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to Railroad
Marsh will be mitigated to a less-than-significant level by the imposition of Mitigation Measures 13I0-
1 a, BI0-1 b, and BI0-1 c. Accordingly, changes or alterations have been required in, or incorporated
into, the proposed project which mitigate or avoid the significant effects on the environment. The
impact is mitigated to a less-than-significant level.
Rationale
These mitigation measures will provide protection for wildlife that may inhabit the marsh and enhance
the buffer between the marsh shore and project improvements. In addition, the current project (a
refinement of Alternative D in the EIR) requires at least a 50-foot buffer from the marsh shore to new
improvements. Implementation of these measures will reduce this impact to a less-than-significant
level.
Exhibit "A" to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING)
Impact BIO-2 Special Status Species
Facts and Evidence
In Section IV.D (Biological Resources) the EIR found that project improvements could adversely
affect special status species.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to special status
species will be mitigated to a less-than-significant level by the imposition of Mitigation Measures
BIO-l a, BI0-2a, and 13I0-2b. Accordingly, changes or alterations have been required in, or
incorporated into, the proposed project which mitigate or avoid the significant effects on the
environment. The impact is mitigated to a less-than-significant level.
Rationale
These mitigation measures will provide protection for special status species of wildlife that may
inhabit the marsh, protect nesting sites, and enhance the buffer between the marsh shore and project
improvements. In addition, the current project (a refinement of Alternative D in the EIR) requires at
least a 50-foot buffer from the marsh shore to new improvements. Implementation of these measures
will reduce this impact to a less-than-significant level.
Impact BIO-3 Bird Nesting
Facts and Evidence
In Section IV.D (Biological Resources) the EIR found that project improvements could disturb bird
nesting.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to wildlife
travel and nesting will be mitigated to a less-than-significant level by the imposition of Mitigation
Measure 13I0-2b. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
This mitigation measure will reduce impacts on bird nesting by restricting construction activities near
active nests to avoid nest abandonment. Implementation of this measure will reduce this impact to a
less-than-significant level.
Hydrology and Water Quality
Impact HYDRO-1 Water Pollution
In Section IV.E (Hydrology and Water Quality) the EIR found that project construction could result in
soil erosion and generation of other pollutants that could adversely affect water quality of Railroad
Marsh and other receiving waterways.
Exhibit ..A" to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING)
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to water quality
will be mitigated to a less-than-significant level by the imposition of Mitigation Measures HYDRO-la
and HYDRO-lb. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation measures require preparation and implementation of a Stormwater Pollution Prevention
Plan, including an erosion control plan, and a Stormwater Control Plan consistent with the
requirements of the Regional Water Quality Control District, San Francisco Bay Region and the Marin
County Stormwater Pollution Prevention Program (MCSTOPPP). These plans include installation of
bioretention features and other features to filter out sediment and other pollutants before they enter the
marsh or the storm drain system. Implementation of these measures will reduce this impact to a less-
than-significant level.
Impact HYDR04 Storm Drain Capacity
In Section IV.E (Hydrology and Water Quality) the EIR found that project construction would result
in additional runoff from the site that could result in flooding of the storm drain system.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that potential flooding
impacts will be mitigated to a less-than-significant level by the imposition of Mitigation Measures
HYDRO-4a and HYDRO-4b. Accordingly, changes or alterations have been required in, or
incorporated into, the proposed project which mitigate or avoid the significant effects on the
environment. The impact is mitigated to a less-than-significant level.
Rationale
The mitigation measures require that improvements be included in the project to reduce post-project
peak flows to at or below pre-project levels and that all receiving storm drain systems can adequately
transport project flows. Implementation of these measures will reduce this impact to a less-than-
significant level.
Impact HYDRO-5 Runoff Flooding and Pollution
In Section IV.E (Hydrology and Water Quality) the EIR found that project would increase runoff and
adversely affect the capacity of the storm drain system.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to the storm
drain system will be mitigated to a less-than-significant level by the imposition of Mitigation
Measures HYDRO-la, HYDRO-lb, HYDRO-4a, and HYDRO-4b. Accordingly, changes or
alterations have been required in, or incorporated into, the proposed project which mitigate or avoid
the significant effects on the environment. The impact is mitigated to a less-than-significant level.
Exhibit ..A" to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING)
Rationale
The four mitigation measures, described in more detail above, would ensure adequate storm drain
capacity and reduce the emission of pollutants to the storm drain system. Implementation of these
measures will reduce this impact to a less-than-significant level.
Impact 11YDRO-6 Other Water Quality Impacts
In Section IV.E (Hydrology and Water Quality) the EIR found that project could cause decreases in
regional water quality.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to water quality
will be mitigated to a less-than-significant level by the imposition of Mitigation Measures HYDRO-la
and HYDRO-lb. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The previously described mitigation measures would reduce the emission of pollutants to Railroad
Marsh and the storm drain system. Implementation of these measures will reduce this impact to a less-
than-significant level.
Impact HYDRO-9 Flooding from Railroad Marsh
In Section IV.E (Hydrology and Water Quality) the EIR found that project could be subject to
flooding from Railroad Marsh peak flood elevations.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that flooding impacts from
Railroad Marsh will be mitigated to a less-than-significant level by the imposition of Mitigation
Measure HYDRO-9. Accordingly, changes or alterations have been required in, or incorporated into,
the proposed project which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation requires installation of a berm to protect improvements from high water elevations in
the marsh. The impact is mitigated to a less-than-significant level.
Exhibit "A" to Town Council Resolution No. XX-201 1 DRAFT (REVISIONS PENDING)
Noise
Impact NOISE-1 Noise Exposure
In Section IV.G (Noise) the EIR found that the project would expose people to noise.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that noise exposure impacts
will be mitigated to a less-than-significant level by the imposition of Mitigation Measures NOISE-1 a
through NOISE-lg. Accordingly, changes or alterations have been required in, or incorporated into,
the proposed project which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation measures include limiting construction hours; separation of heavy equipment from
sensitive receptors; minimizing simultaneous use of equipment and the use of the most impacting
equipment; muffling and shielding equipment; installing portable noise barriers; and restricting truck
routes. The impact is mitigated to a less-than-significant level.
Transportation and Traffic
Impact TRANS-6 Parking
In Section IV.H (Transportation and Traffic) the EIR found that there could be inadequate parking to
meet project demand.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that parking impacts will be
mitigated to a less-than-significant level by the imposition of Mitigation Measure TRANS-6a.
Accordingly, changes or alterations have been required in, or incorporated into, the proposed project
which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-
than-significant level.
Rationale
The mitigation measure provides that the Town will provide additional parking spaces by creating
additional on-street spaces (either creating new spaces; time restricting the use of existing spaces;
and/or adopting a parking permit program for some spaces); establishing additional parking
opportunities at the lot adjacent to Town Hall that the Town currently uses (either by providing
additional short-term parking; entering into a long-term parking lease agreement with the lot owners;
and/or providing additional parking at the lot by installing partial decking); reserving additional spaces
for Town and Library employees at other parking lots; coordinating events so that there are not
overlapping major events at the Library and Town Hall; and/or establishing agreements with other
nearby parking lot owners to provide occasional overflow parking for large or overlapping events. The
impact is mitigated to a less-than-significant level.
Exhibit "A" to Town Council Resolution No. xx-201 1 DRAFT (REVISIONS PENDING)
Cumulative Impact TRANS-8 Intersection Congestion
In Section IV.H (Transportation and Traffic) the EIR found that under cumulative conditions
[projected build-out of the Tiburon Peninsula] the intersection of Mar West Street and Tiburon
Boulevard would operate at an unacceptable level of service.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to the
intersection will be mitigated to a less-than-significant level by the imposition of Mitigation Measure
TRANS-8. Accordingly, changes or alterations have been required in, or incorporated into, the
proposed project which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation measure provides that the Town will apply to Caltrans for signalization of the
intersection of Mar West Street and Tiburon Boulevard once a signal warrant is met. The Town will
coordinate with Caltrans when planning and implementing the mitigation; however, the final decision
to approve a traffic signal on the state highway lies with another agency (Caltrans), and not with the
Town. In addition to this mitigation measure, the Town Council has imposed a condition of approval
that the project sponsor shall pay to the Town a reasonable monetary contribution toward the traffic
signal prior to the issuance of a building permit for the project.
Cumulative Impact TRANS-9 Left-Turn Lane Inadequacy
In Section IV.H (Transportation and Traffic) the EIR found that under cumulative conditions the left
turn lane on eastbound Tiburon Boulevard at the intersection with Mar West Street would have
inadequate queuing distance.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to left turns at
the intersection will be mitigated to a less-than-significant level by the imposition of Mitigation
Measure TRANS-9. Accordingly, changes or alterations have been required in, or incorporated into,
the proposed project which mitigate or avoid the significant effects on the environment. The impact is
mitigated to a less-than-significant level.
Rationale
The mitigation measure provides that the eastbound left-turn lane on Tiburon Boulevard leading to
Mar West Street will be lengthened to meet Caltrans requirements and the improvement will be
completed by the project sponsor prior to occupancy of the Library addition. However, final approval
of such an improvement on the state highway lies with another agency (Caltrans), not with the Town.
With implementation of this measure, the impact would be mitigated to a less-than-significant level.
Secondary Impact TRANS-] 0 Impacts of Constructing the Left-Turn Lane Improvements
In Section IV.H (Transportation and Traffic) the EIR found constructing Mitigation Measure TRANS-
9 would cause secondary impacts on environmental resources.
Exhibit "A" to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING) 7
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to left turn
adequacy will be mitigated to a less-than-significant level -by future construction to meet standard
mitigations required by Caltrans for projects on a State highway. Accordingly, the proposed project
which mitigate or avoid the significant effects on the environment. The impact is mitigated to a less-
than-significant level.
Rationale
The EIR concludes that no sensitive resources would be affected. It is expected that standard
construction practices used, and mitigations designed into the improvement plan for this minor
improvement, would reduce all impacts to a less than significant level.
SECTION 3B-LESS-THAN-SIGNIFICANT IMPACTS ADDRESSED THROUGH CONDITIONS OF
APPROVAL IMPOSED ON THE PROJECT
Impact UTIL-I Water Entitlement
In Section IV.A (Less than Significant Impacts) the EIR found that the project required a water
entitlement. The EIR concluded that incorporation of a condition of approval, found in the text at
page IV.A-13) would avoid this potential impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that impacts to the water
supply will be less-than-significant by incorporation of the condition set forth in the EIR, and this
condition is attached to the project approval. Accordingly, the proposed project will -avoid any
significant utility-related effects on the environment.
Rationale
The EIR concludes that either an additional entitlement will be received or the Town will transfer a
water entitlement from another Town-owned site to meet the project water need. The impact is
avoided by imposition of the condition of approval to that effect.
Impact CR-I Cultural Resources
In Section IV.A (Less than Significant Impacts) the EIR found that while no cultural resources were
found at the site, there is the potential for such resources to occur, and they could be damaged by
project construction.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that incorporation of the ext
found at pages IV.A-3 and 4 of the EIR as a condition of approval will avoid this potential impact.
Accordingly, the proposed project will avoid any significant cultural resource effects on the
environment.
Exhibit «A" to Town Council Resolution No. XX-2011 DIMFT (REVISIONS PENDING)
Rationale
The condition of approval requires monitoring of the site during grading and trenching and appropriate
treatment of any cultural resources identified during that monitoring. The impact is less-than-
significant.
SECTION 4 -IMPACTS FOUND NOT TO BE SIGNIFICANT
During the normal CEQA scoping process applied to the Belvedere-Tiburon Library Expansion
Project, some environmental impacts were identified as having a "No Impact" or a "Less-Than-
Significant Impact," on the grounds that there was no fair-argument that such impacts would occur or
that the impact would clearly be less-than-significant. The Town Council finds that there is no
substantial evidence in the record to repudiate or reverse the decision made during the scoping process
to dismiss the conclusions about these impacts; nor is there substantial evidence in the record that any
impact that might occur has not been adequately examined in the EIR.
The Town Council finds, based on the EIR and the record, that the following impacts identified in the
EIR have no impact or are less-than-significant and do not require mitigation.
In Section IV.A, the Draft EIR describes how the project would have no impact or a less-than-
significant impact on all Environmental Checklist Items associated with Agriculture and Forestry
Resources, Geology and Soils, Hazards and Hazardous Materials, Mineral Resources, Population and
Housing, Public Services, Recreation, and Utilities and Service Systems with the exception that the of
a water entitlement, which was addressed in the previous section.
In addition, the following impacts were deemed to have no or a less-than-significant impact:
Impact AES-2 Damage to scenic resources
Impact AES-3 Degradation of the existing visual character
Impact AES-4 Impacts from new lighting
Impact AQ-3 Exposure of people to substantial air pollution
Impact AQ-4 Odors
Impact AQ-5 Emission of greenhouse gas
Impact BIO-5 Plan conflicts
Impact BIO-6 Biological plan conflicts
Impact HYDRO-2 Effects on groundwater resources
Impact HYDRO-3 Alteration of drainage patterns
Impact HYDRO-7 Construction of housing in a floodplain
Impact HYDRO-8 Construction within a mapped floodplain
Exhibit "A" to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING)
Impact HYDRO-10 Construction in areas subject to seiche, tsunami or mudflow
Impact LU-1 Division of an existing community
Impact LU-2 Inconsistency with a land use plan
Impact LU-3 Inconsistency with a habitat or natural community conservation plan
Impact NOISE-3 Substantial permanent noise increase
Impact NOISE-5 Exposure to airplane-generated noise from public airports
Impact NOISE-6 Exposure to airplane-generated noise from private airports
Impact TRANS-1 Unacceptable intersection operation
Impact TRANS-2 Unacceptable roadway operations
Impact TRANS-3 Unsafe traffic conditions
Impact TRANS-4 Conflict with adopted transportation plans
Impact TRANS-5 Inadequate emergency access
Impact TRANS-7 Cumulative intersection operations
SECTION S - SIGNIFICANT UNAVOIDABLE IMPACTS
The following effects cannot be mitigated to a less than significant level:
Impact AES-1 The project would have a substantial adverse effect on a scenic vista.
Facts and Evidence
In Section IV.B (Aesthetics) the EIR found that the project would partially block views of Tiburon
Ridge from Tiburon Boulevard and adjacent public vantage points.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that approximately 60% of
the view to the Tiburon Ridgeline would be blocked by the project form the vantage point used in the
EIR photo-simulations. This visual impact would be significant and unavoidable if the project is to be
approved.
Rationale
While the impact could be reduced somewhat by a building redesign or by scaling back of the project,
there is no feasible mitigation that would substantially reduce or avoid the blockage of public views to
a scenic resource (the Tiburon Ridge) from Tiburon Boulevard if the project is to be approved. This
visual impact is considered significant and unavoidable.
Exhibit "A" to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING) 10
ImpactAQ-1 The project would emit more criteria air pollutants than assumed in the current Clean Air
Plan.
Facts and Evidence
In Section 1V.C (Air Quality) the EIR found that the project would result in more vehicle miles
travelled (VMT) than the Bay Area Air Quality Management District (BAAQMD) modeled when
preparing its adopted Clean Air Plan. As such, the project is technically assumed to have a significant
air quality impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that while there is not
substantial evidence that the slight increase in VMT would cause a significant decrease in regional air
quality, the fact that the project increases VMT is considered a significant impact under the
BAAQMD's CEQA Guidelines. This air quality impact would be considered significant and
unavoidable.
Rationale
There is no feasible mitigation to reduce the VMT if the project is to be approved. As such, the impact
remains a significant and unavoidable air quality impact.
Impact NOISE-2 Project construction would cause substantial ground vibration.
Facts and Evidence
In Section IV.G (Noise) the EIR found that during construction ground vibration would exceed
Federal Transit Administration's (FTA) infrequent threshold for such vibration. As such, the project is
technically assumed to have a significant ground vibration impact.
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that while during
construction there would be short time periods when the FTA threshold would be exceeded; however,
there is no substantial evidence that such vibrations would adversely affect nearby structures. No
mitigation measure was identified that would reduce the vibration to below the FTA threshold. This
vibration impact would be considered significant and unavoidable.
Rationale
There is no feasible mitigation to reduce the short-term vibration impact. As such, the impact remains
a significant and unavoidable impact.
Impact NOISE-4 Project construction would cause substantial short-term noise.
In Section IV.G (Noise) the EIR found that project construction would result in periods of substantial
noise.
Exhibit "A" to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING) 11
Finding
Based upon the EIR and the entire record, the Town Council hereby finds that even though the project
would be subject to Town requirements regulating construction, there would be periods of substantial
noise during construction. This short-term noise impact would be considered significant and
unavoidable.
Rationale
There is no feasible mitigation to reduce the short-term noise impact. As such, the impact remains a
significant and unavoidable impact.
SECTION 6 -ALTERNATIVES
Alternatives to the proposed project are discussed on pages 91 to 119 of the RDEIR. The following
alternatives were examined:
• Alternative A: No Project/No Build
• Alternative B: Alternate Site Plan
• Alternative C: Reduced Library
• Alternative D: Mitigated Project
In reviewing the alternatives the following should be noted. In response to comments on the Revised
DEIR, the applicant accepted Alternative D as superior to the originally proposed project and informed
the Town that Alternative D (slightly refined) would be the applicant's proposed project.
The Town Council finds that the Final EIR describes a reasonable range of alternatives to the proposed
project which could feasibly obtain the basic objectives of the project, and that the Council has
evaluated the comparative merits of the alternatives and has selected Alternative D (Mitigated Project)
in favor of approval over the other alternatives.
Alternative A - No Project/No Build
Facts
The No Project/No Build Alternative assumes the continuation of existing environmental conditions
with no additional development at this time at any location on the site. It illustrates the effects of
maintaining the status quo (should existing conditions continue).
Findings and Rationale
Potential environmental impacts of the No Project/No Build Alternative are discussed on pages 94
through 97 of the Revised DEIR. The Town Council finds that the No Project/No Build Alternative is
less desirable than the proposed project and rejects this alternative for the reasons discussed below.
The No Project/No Build Alternative would avoid the environmental impacts associated with
construction and operation of the proposed project, but would deprive Peninsula residents of the
Exhibit "A„ to Town Council Resolution No. XX-2011 DRAFT (REVISIONS PENDING) 12
numerous social, educational, and cultural opportunities and experiences that would be provided by
the Library expansion and make infeasible any meaningful expansion of the Library. In addition, this
alternative would postpone indefinitely the realization of the applicant's objectives for a Library
expansion, with which the Town Council in very large part agrees and supports.
Alternative B - Alternate Site Plan
Facts
This alternative would expand the existing Belvedere-Tiburon Public Library through the construction
of a two-story addition. Alternative B assumes that this Library addition would be constructed
predominately behind the existing Library. The two-story Library addition would be connected to the
existing Library by a narrow, 1100 square foot one-story addition crossing a utility easement.
Findings and Rationale
Potential environmental impacts of the Alternate Site Plan Alternative are discussed on pages 97
through 103 of the Revised Draft EIR. The Town Council finds that the Alternate Site Plan
Alternative is less desirable than the proposed project and rejects this alternative for the reasons
discussed below.
Based on all environmental factors analyzed, the EIR concluded that while the Alternate Site Plan
Alternative would reduce the impact on scenic views of Tiburon Ridge, it would have more substantial
impacts on biological resources associated with Railroad Marsh than Alternative D. The Town
Council finds that the bifurcated physical design of this alternative would be strongly detrimental to
the effectiveness and efficiency of Library operations, and would detract from and make infeasible the
numerous social, educational, and cultural opportunities and experiences that would be provided by
the Library expansion envisioned in Alternative D.
Alternative C -Reduced Library
Facts
This alternative would expand the existing Belvedere-Tiburon Public Library through the construction
of a one-story addition. As with Alternative D, Alternative C would also result in changes to vehicular
access points; changes to site parking, including the installation of a new fifty-two (52) space car
parking area behind the existing Library building; and relocation of the existing Zelinsky Park.
Findings and Rationale
Potential environmental impacts of the Reduced Library Alternative are discussed on pages 103
through 106 of the Draft EIR. The primary environmental advantage of this alternative is that it would
lessen the significant aesthetic impact of blocking scenic views of Tiburon Ridge. The Town Council
finds that the Reduced Library Alternative is less desirable than the proposed project and rejects this
alternative for the reasons discussed below.
The alternative does not meet the project objectives of providing substantially expanded space to meet
projected community needs (as described on page I11-23 to 111-24 of the Draft EIR), and thus is not
consistent with CEQA Guidelines Section 15126.6(a) that states that an alternative should "...feasibly
attain most of the basic objectives of the project...". The expansion area would be reduced to
approximately 9,000 square feet, compared to the 17,500 square feet in Alternative D, and would
Exhibit "A" to Town Council Resolution No. XX-201 1 DRAFT (REVISIONS PENDING) 13
unreasonably deprive and make infeasible the numerous social, educational, and cultural opportunities
and experiences that would be provided by the Library expansion envisioned in Alternative D.
Alternative D - Mitigated Project
This alternative was added as part of the Revised DEIR and is discussed on pages 106 through 114 of
that document. The alternative increased the distance between the library expansion and Town Hall to
reduce the extent of the project's blockage of scenic views of the Tiburon Ridge from Tiburon
Boulevard. It also reduced the parking area to maintain at least a 50-foot buffer between library
improvements and the shoreline of Railroad Marsh. In so doing, the alternative reduced impacts to
biological resources to a less than significant level. The RDEIR also concluded that by increasing the
distance between the library expansion and Town Hall, tht significant visual impact identified for the
original project would be reduced to a less than significant level.
As noted previously, the applicant agreed with the conclusions of the EIR that Alternative D was
environmentally superior and informed the Town of its decision to make this the proposed project.
The RDEIR identified this alternative as the environmentally superior alternative, so, as this is now the
project, the proposed project is considered environmentally superior to Alternatives A, B, and C.
SECTION 7 - STATEMENT OF OVERRIDING CONSIDERATIONS
The Town Council specifically finds that to the extent the identified adverse impacts have not been
mitigated to a less than significant level, there are specific economic, social and other considerations
that support approval of the Project. Moreover, the Town Council finds that where more than one
reason exists for any particular finding, the Town Council finds that each reason independently
supports that finding.
CEQA requires a public agency to balance the benefits of a proposed Project, including specific
economic, social, planning, land use, or other considerations, against its unavoidable environmental
risks in determining whether to approve the Project. The Town Council has reviewed and considered
the information contained in the EIR and throughout the record. Based on this information, the Town
Council proposes to approve the Proj ect (Refined Alternative D) despite remaining significant
unavoidable adverse environmental effects.
The Town Council has carefully balanced the benefits of the proposed Project against the unavoidable
adverse effects identified in the EIR. Notwithstanding the disclosure of impacts identified in the EIR
as significant and which have not been eliminated or mitigated to a level of insignificance, the Town
Council, acting pursuant to sections 15093 and 15096(h) of the CEQA Guidelines, hereby determines
that the public benefits of approving the Project outweigh the significant unmitigated adverse
environmental impacts for the reasons, amply set forth in the Record, that the Library Expansion
project will provide numerous invaluable social, educational, and cultural opportunities and
experiences to residents of the Tiburon Peninsula.
Exhibit "A" to Town Council Resolution No. XX-201 1 DRAFT (REVISIONS PENDING) 14
RESOLUTION NO. XX-2011
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
APPROVING GENERAL PLAN AMENDMENTS ASSOCIATED WITH A PROPOSED
EXPANSION OF THE BELVEDERE-TIBURON PUBLIC LIBRARY
LOCATED AT 1501 TIBURON BOULEVARD
The Town Council of the Town of Tiburon does hereby resolve as follows:
WHEREAS, the Town of Tiburon is in receipt of an application (File #GPA
2008-02) for general plan amendments to modify the text of Policy OSC-20 of the Open
Space and Conservation Element regarding setbacks from wetlands, and to re-designate
certain lands on the Tiburon General Plan Land Use Diagram 2.2-1 as follows:
1. Approximately 16,250 square feet of land located north of and directly behind
the existing BTLA property at 1501 Tiburon Boulevard and the Town Hall
property at 1505 Tiburon Boulevard from Open Space to Public/Quasi-Public
for the purposes of expanding the existing Library facility; and
2. Approximately 11,750 square feet of the existing Tiburon Town Hall parcel at
1505 Tiburon Boulevard from Neighborhood Commercial to Public/Quasi-
Public to correct a prior mapping error; and
WHEREAS, the Tiburon Planning Commission held a duly noticed public hearing
on September 14, 2011, heard testimony from interested persons, and adopted Resolution
No. 2011-15 making recommendations to the Town Council concerning the proposed
general plan amendments; and
WHEREAS, the Town Council held a duly noticed public hearing on October 5,
2011, at which testimony was received and considered from interested persons. The
Town Council also received and considered the recommendations of the Planning
Commission; and
WHEREAS, the Town Council has previously by separate resolution certified an
Environmental Impact Report for the Library expansion project, including the general
plan amendments contemplated herein; and
WHEREAS, the Town Council has previously by separate resolution adopted
Findings of Fact pursuant to the California Environmental Quality Act and has adopted
findings of overriding considerations to approve the project despite remaining significant
environmental effects; and
Tiburon Town Council Resolution No. XX-2011 --1--12011
E 7IIIBIT NO.
WHEREAS, the Town Council agrees with the Planning Commission's
recommendation that finds that the proposed amendment to Policy OSC-20
regarding a 100-foot buffer between wetlands and development is unnecessary as
the policy contains enough flexibility to find the project consistent with the intent of
the policy in that biological impacts to the nearby wetland (Railroad Marsh) would
be mitigated to a less-than-significant level. A 100-foot setback line from the Marsh
shoreline is depicted at p. 80 of the Final EIR, and demonstrates that approximately
30 of the 52 spaces depicted in the proposed parking lot would encroach in buffer.
Furthermore, there would be insufficient space to create a workable circulation flow
for the remaining parking spaces, resulting in the virtual elimination of on-site
parking. Neither the original project nor any of the "build" alternatives examined
by the EIR would be feasible if a 100-foot buffer is required. The presence of a 15-
foot wide utility easement directly behind the existing Library building, said
easement holding the outfall pipe for the multiple-agency Sewerage Agency of
Southern Marin (SASM), further limits other opportunities for structural expansion
behind the Library building.
OR
WHEREAS, the Town Council finds that amendment of General Plan Open
Space & Conservation Element Policy OSC-20 regarding buffer zones from
wetlands is warranted and can be approved for the purposes of this project; and
[Council to choose one of the above two paragraphs and delete the other]
WHEREAS, the Town Council finds that the proposed General Plan amendments
are, on balance, consistent with the goals and objectives of the Tiburon General Plan, as
set forth in the certified EIR for the project and the staff reports dated September 14, 2011
and October 5, 2011. Specifically, the Town Council finds that the public library use
would serve a very broad segment of the Tiburon Peninsula's population and is
reasonable justification for the necessary general plan amendments.
NOW, THEREFORE BE IT RESOLVED that the Town Council of the Town of
Tiburon does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to re-
designate the approximately 16,250 square feet of land, as depicted on attached Exhibit
"A", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from OS (Open
Space) to P (Public/Quasi-Public).
BE IT FURTHER RESOLVED that the Town Council of the Town of Tiburon
does hereby amend General Plan Diagram 2.2-1 (Land Use Diagram) to re-designate the
approximately 11,750 square feet of land, as depicted on attached Exhibit "B",
comprising a portion of Marin County Assessor Parcel 58-171-92, from NC
(Neighborhood Commercial) to P (Public/Quasi-Public).
Tiburon Town Council Resolution No. XX-2011 --1--12011 2
BE IT FURTHER RESOLVED that the Town Council of the Town of
Tiburon does hereby amend General Plan Open Space & Conservation Element
Policy OSC-20 to read as follows:
OSC-20: Buffer zones of at least 100 feet shall be provided, to the maximum
extent feasible, between development and wetland areas, unless a different
buffer distance has been established in a previously-adopted Town wetlands
management plan.
[The above section will be deleted if the amendment is found unnecessary]
BE IT FURTHER RESOLVED that the above amendments are approved for the
purpose of constructing an expansion to the Belvedere-Tiburon Public Library facility,
and that such expansion shall be subject to the following conditions, said conditions to be
incorporated into any approval of subsequent detailed site plan and architectural drawings
for the library expansion project:
1) [Condition referencing appropriate drawings and potentially
addressing a reduced size for the project and/or an increased
separation distance of the addition from the Town Hall building, as
recommended by the Planning Commission]
2) A Native American monitor and a qualified archaeologist shall be present
during construction grading and trenching. In the event that additional
subsurface archaeological resources are encountered during the course of
grading and/or excavation, all development shall temporarily cease in
these areas until the Town's Planning Division is contacted and a qualified
archaeologist properly assesses the resources and makes recommendations
for their disposition. Prehistoric archaeological site indicators include:
obsidian and chert flakes and chipped stone tools; grinding and mashing
implements (e.g., slabs and handstones, and mortars and pestles); bedrock
outcrops and boulders with mortar cups; and locally darkened midden
soils. Midden soils may contain a combination of any of the previously
listed items with the possible addition of bone and shell remains, and fire
affected stones. Historic period site indicators generally include: fragments
of glass, ceramic, and metal objects; milled and split lumber; and structure
and feature remains such as building foundations and discrete trash
deposits (e.g., wells, privy pits, dumps). Construction activities could
continue in other areas. If any findings are determined to be significant by
the archeologist, they shall be subject to scientific analysis;
duration/disposition of archaeological specimens as agreed to by the
Native American community, land owner, and the Town; and a report
prepared according to current professional standards.
Tiburon Town Council Resolution No. XX-2011 4--12011 ' 3
3) If human remains are encountered, excavation or disturbance of the
location shall be halted in the vicinity of the find, and the county coroner
contacted. If the coroner determines the-remains are Native American, the
coroner shall contact the Native American Heritage Commission. The
Native American Heritage Commission shall identify the person or
persons believed to be most likely descended from the deceased Native
American. The most likely descendent shall make recommendations
regarding the treatment of the remains with appropriate dignity.
4) To secure an additional water entitlement, the project sponsor shall
complete a Water Service Application and pay any required fees or the
project sponsor shall transfer an unused entitlement from another site.
5) Prior to issuance of a building permit, the Town and Library Agency shall
agree upon, and the Library Agency shall pay to the Town, a reasonable
monetary contribution by the Agency toward signalization or equivalent
improvement of the Tiburon Boulevard/Mar West Street intersection.
6) Any detailed site plan and architectural drawings subsequently submitted
pursuant to this approval shall depict a "no parking zone" along Tiburon
Boulevard, approximately 40 feet in length, directly in front of the
promenade between the proposed addition and Town Hall to allow a view
between the buildings from Tiburon Boulevard unobstructed by parked
cars. The Town may employ this no parking zone on a temporary basis or
may make it permanent, in the sole discretion of the Town Council.
7) The project sponsor shall absorb all reasonable costs for the relocation of
the Landmarks Society's pictorial exhibit located near the intersection of
Tiburon Boulevard and Mar West Street to another appropriate location, if
feasible, to approximate the vantage point shown in the pictorial exhibit.
BE IT FURTHER RESOLVED that the Town Council hereby adopts a Mitigation
Monitoring Program (MMP) for the Library Expansion Project, said MMP being attached
as Exhibit "C" hereto and incorporated herein. Said Library Expansion Project includes
applications GPA 2008-02, R 2008-01, 30804, 40801 and all trailing and/or subsequent
permits issued pursuant thereto and in reliance thereon.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
Tiburon Town Council Resolution No. XX-2011 4--12011 4
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibits "A", "B", and "C"
SAAdministration\Town Council\Staff Reports\201 1 \October 19 drafts\general plan amend reso Library & Town Hall v3.doc
Tiburon Town Council Resolution No. XX-2011 __1__12011 5
Legend
Project Site
OS Open Space
P Public/Quasi-Public
NC Neighborhood Commercial
FIRM O Office
Exhibit "A": Area to be re-designated from Open Space to
Public/Quasi-Public on Tiburon General Plan Land Use
Diagram 2.2-1
JOS
N.~
III
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t
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Legend
z g1 Pro ect Site
OS Open Space
L P Public/Quasi-Public
NC Neighborhood Commercial
O Office
/45
Cir01 VO' I r
w j`
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Area of Change 060-082-60
I
D 25,100
i
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I
Source: http://gis.co.marin.ca.us/MMDataviewer, April 27, 2009; Tiburon Zoning Map & General Plan Land Use Diagram. ^ scate,~Feetl..
Exhibit "B" Area to be re-designated from Neighborhood
Commercial to Public/Quasi-Public on Tiburon General
Plan Land Use Diagram 2.2-1
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ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REZONING CERTAIN PROPERTY FROM
OS (OPEN SPACE) TO P (PUBLIC/QUASI-PUBLIC) ZONE TO
ACCOMMODATE AN EXPANSION OF THE
BELVEDERE-TIBURON PUBLIC LIBRARY
ASSESSOR PARCEL NO. 58-171-62 (portion)
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. RECITALS AND FINDINGS.
1. The Town of Tiburon is in receipt of an application (File #R2008-02) filed
by the Belvedere-Tiburon Library Agency (BTLA), to rezone
approximately 16,250 square feet of land located north of and directly
behind the existing BTLA property at 1501 Tiburon Boulevard and the
Tiburon Town Hall property at 1505 Tiburon Boulevard for purposes of an
expansion to the existing Library facility.
2. The Tiburon Planning Commission held a duly noticed public hearing on
September 14, 2011, heard testimony from interested persons, and adopted
Resolution No. 2011-15 recommending approval of the rezoning to the
Town Council.
3. The Town Council held a duly noticed public hearing on October 5, 2011,
at which testimony was received and considered from interested persons.
The Town Council also received and considered the report and
recommendations of the Planning Commission.
4. The Town Council has previously certified an Environmental Impact
Report for the project, including the proposed rezoning.
5. The Town Council finds that the proposed rezoning is consistent with the
General Plan and other applicable plans, will not be detrimental to the
public health, safety or welfare of the Town, and is consistent with the
objectives and requirements of the Zoning Ordinance.
SECTION 2. APPROVAL OF REZONING.
The approximately 16,250 square feet of land, as depicted on attached Exhibit
"A", comprising a portion of Lot 10 of the Point Tiburon Subdivision, is hereby rezoned
from OS (Open Space) to P (Public/Quasi-Public) Zone on the Tiburon Zoning Map.
Town of Tiburon Ordinance No. N. S. Effective --1--12011
EX,KIBIT NO.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of the court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed
severable and 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 4. 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 published in the Town of°Tiburon.
This Ordinance was introduced at a meeting of the Town Council held on October
5, 2011, and was adopted at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS :
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
S:\ dministration\Town CouncihStaff Reports\201 1 \October 19 drafts\rezone ord Library project 2nd reading.doc
Town of Tiburon Ordinance No. N. S. Effective --1--12011 2
058
060-082-25
Legend
Project Site
OS Open Space
P Public/Quasi-Public
NC Neighborhood Commercial
O Office
Area of Change
060-082-60
,
Source: http:l/gis.co.marin.ca.us/MMDataviewer, April 27, 2009; Tiburon Zonin,
p & General Plan Land Use Diagram.
D
Exhibit "A" Area to be re-zoned from Open Space to Public/Quasi-
Public on the Tiburon Zoning Map
ORDINANCE NO. N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON REZONING CERTAIN PROPERTY FROM
NC (NEIGHBORHOOD COMMERCIAL) TO P (PUBLIC/QUASI-PUBLIC)
ZONE TO CORRECT A PRIOR MAPPING ERROR
ASSESSOR PARCEL NO. 58-171-92
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1. RECITALS AND FINDINGS.
1. The Town of Tiburon is in receipt of an application (File #R2008-02) to
rezone approximately 11,750 square feet of land comprising
approximately the eastern half of the Tiburon Town Hall parcel at 1505
Tiburon Boulevard for the purposes of correcting a prior mapping error on
the Tiburon Zoning Map.
2. The Tiburon Planning Commission held a duly noticed public hearing on
September 14, 2011, heard testimony from interested persons, and adopted
Resolution No. 2011-15 recommending approval of the rezoning to the
Town Council.
3. The Town Council held a duly noticed public hearing on October 5, 2011,
at which testimony was received and considered from interested persons.
The Town Council also received and considered the report and
recommendations of the Planning Commission.
4. The Town Council has previously certified an Environmental Impact
Report for the project, including the proposed rezoning.
5. The Town Council finds that the proposed rezoning is consistent with the
General Plan and other applicable plans, will not be detrimental to the
public health, safety or welfare of the Town, and is consistent with the
objectives and requirements of the Zoning Ordinance.
SECTION 2. APPROVAL OF REZONING.
The approximately 11,750 square feet of land, as depicted on attached Exhibit
"A", comprising a portion of Marin County Assessor parcel 058-171-92, is hereby
rezoned from NC (Neighborhood Commercial) to P (Public/Quasi-Public) Zone on the
Tiburon Zoning Map.
Town of Tiburon Ordinance No. N. S. Effective --1--12011
r,;;
Y 7"T- 7 OBIT INTO.
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of the court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed
severable and 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 4. 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 published in the Town of Tiburon.
This Ordinance was introduced at a meeting of the Town Council held on October
5, 2011, and was adopted at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES : C OUNC ILMEMB ERS :
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachment: Exhibit "A"
S.-WdministrationlTown CouncillStajfReports1201IlOctober 19 drajlslrezone ord Libraryproject Town Hall Parcel 2nd reading.doc
Town of Tiburon Ordinance No. N. S. Effective --1--12011 2
, 058-171-93;
sb,.
~•c,4t,
058
060-082-25
Legend
Project Site
OS Open Space
P Public/Quasi-Public
® NC Neighborhood Commercial
O Office
L~
Source
Area of Change
060-082-60
_co_marin.ca.us/MMDataviewer. April 27, 2009; Tiburon Zoninq Map & General Plan Land Use Di
Exhibit "A" Area to be re-zoned from Neighborhood Commercial to
Public/Quasi-Public on the Tiburon Zoning Map
ORDINANCE NO. N. S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING THE POINT TIBURON
(NORTHWESTERN PACIFIC RAILROAD) MASTER PLAN (PD#42) TO
ACCOMMODATE AN EXPANSION OF THE
BELVEDERE-TIBURON PUBLIC LIBRARY
LOCATED AT 1501 TIBURON BOULEVARD
The Town Council of the Town of Tiburon does ordain as follows:
SECTION 1.
RECITALS AND FINDINGS.
1. In 1979, the Town adopted Ordinance No. 219 N.S. approving the Northwestern
Pacific Railroad Master Plan, said Master Plan designating the westernmost
portion of the 38-acre former railroad property (adjacent to Mar West Street and
depicted on attached Exhibit "A") for Open Space use.
2. The Northwestern Pacific Railroad Master Plan area was subsequently developed
as the Point Tiburon Subdivision.
3. In 1984, the Town of Tiburon accepted, as part of the Point Tiburon Final
Subdivision Map, an offer of dedication from the owner of the property (The
Innisfree Companies) for the subject and adjacent property (collectively identified
as Lot 10 of the Point Tiburon Subdivision) as "public open space and flood
control use", said offer of dedication containing reversionary clauses if used for
other purposes.
4. In October 1997, The Innisfree Companies fully and forever released any
reversionary rights to Lot 10 in a Settlement Agreement and General Mutual
Release document recorded on January 8, 1999 as Serial Number 1999-0001725
of Marin County Records.
5. In 2004, the Town Council approved an amendment to the Point Tiburon Master
Plan to re-designate an approximately 16,000 square foot portion of Lot 10 from
"Open Space" to "Public use, including public buildings".
6. The Town of Tiburon is currently in receipt of an application from the Belvedere-
Tiburon Library Agency (BTLA) to amend the aforesaid Master Plan by allowing
the designation of an additional approximately 16,250 square feet of Lot 10 for
Public uses, including public buildings, in order to accommodate a future
expansion of the Library facility.
7. The Tiburon Planning Commission held a duly noticed public hearing on
Town of Tiburon Ordinance No. N. S. Effective --1--12011
L7,11 - S-
September 14, 2011, heard testimony from interested persons, and recommended
approval of the Master Plan amendment application to the Town Council by
adopting Resolution No. 2011-15.
8. The Town Council has previously certified an Environmental Impact Report for
the project on October 5, 2011.
9. The Town Council held a public hearing on October 5, 2011, heard and
considered all public testimony on the matter, and has reviewed and considered
the entire project record.
10. The Town Council finds that the Master Plan amendment is, on balance,
consistent with the goals and policies of the Tiburon General Plan; is in
conformance with objectives and requirements of the Tiburon Zoning Ordinance;
and is consistent with other provisions of the Point Tiburon Master Plan and Point
Tiburon Precise Plan, as set forth and documented in the Staff Reports dated
September 14, 2011 and October 5, 2011.
11. The Town Council finds that the Point Tiburon Master Plan amendment will not
be contrary to the public health, safety or general welfare of the Town.
SECTION 2. APPROVAL OF MASTER PLAN AMENDMENT.
The Town Council of the Town of Tiburon does hereby amend the Point Tiburon
Master Plan (PD#42) by re-designating (in all material aspects of the Point Tiburon
Master Plan) approximately 16,250 square feet of land, as depicted on attached Exhibit
"B", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from "Open Space
use" to "Public use, including public buildings".
SECTION 3. SEVERABILITY.
If any section, subsection, sentence, clause or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of the court of competent
jurisdiction, such section, subsection, sentence, clause or phrase shall be deemed
severable and 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 4. 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
Town of Tiburon Ordinance No. N.S. Effective --1--12011 2
ordinance shall be published with the names of the members voting for and against it at
least once in a newspaper of general circulation published in the Town of Tiburon.
This Ordinance was introduced at a meeting of the Town Council held on
, 2011, and was adopted at a regular meeting of the Town Council of
the Town of Tiburon on , 2011, by the following vote:
AYES : COUNCILMEMBERS :
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibits "A" and "B"
SA\Administration\Town Council\Staff Reports\201 1 \October 19 drafts\Point Tiburon master plan ord amend library 2nd reading.doc
Town of Tiburon Ordinance No. N. S. Effective --1--12011 3
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ow-
060-082-25
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OS Open Space
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NC Neighborhood Commercial
O Office
of Change
060-082-60
A
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Source: http://gis.co.marin.ca.us/MMDataviewer, April 27, 2009; Tiburon Zoning Map & General Plan Land Use Diagram.
i
Exhibit "B" Area to be changed from Open Space use to Public use (including public buildings and
any uses and structures appurtenant thereto), in the Master Plan and the Precise Plan Map
for the Point Tiburon (Northwestern Pacific Railroad) Planned Development (PD#42)
RESOLUTION NO.
A RESOLUTION OF THE TOWN COUNCIL OF THE
TOWN OF TIBURON AMENDING THE POINT TIBURON
(NORTHWESTERN PACIFIC RAILROAD) PRECISE PLAN (PD#42) TO
ACCOMMODATE AN EXPANSION OF THE BELVEDERE-TIBURON PUBLIC
LIBRARY LOCATED AT 1501 TIBURON BOULEVARD
WHEREAS, in 1979, the Town adopted Ordinance No. 219 N.S. approving the
Northwestern Pacific Railroad Master Plan, said Master Plan (among other things) designating
the westernmost portion of the 38-acre former railroad property for Open Space use; and
WHEREAS, in 1980, the Town adopted Resolution No. 1090 approving the
Northwestern Pacific Railroad Precise Plan. Said Precise Plan depicted the westernmost portion
of the 38-acre site (adjacent to Mar West Street and depicted on attached Exhibit "A") for Open
Space use, consistent with the Master Plan designation; and
WHEREAS, the 38-acre former railroad property was subsequently developed as the
Point Tiburon Subdivision; and
WHEREAS, in 1984, the Town of Tiburon accepted, as part of the Point Tiburon Final
Subdivision Map, an offer of dedication from the owner of the property (The hmisfree
Companies) for the subject and adjacent property (collectively identified as Lot 10 of the Point
Tiburon Subdivision) as "public open space and flood control use", said offer of dedication
containing reversionary clauses if used for other purposes; and
WHEREAS, in October 1997, The Innisfree Companies fully and forever released any
reversionary rights to Lot 10 in a Settlement Agreement and General Mutual Release document
recorded on January 8, 1999 as Serial Number 1999-0001725 of Marin County Records; and
WHEREAS, in 2004, the Town Council approved an amendment to the Point Tiburon
Precise Plan to re-designate an approximately 16,000 square foot portion of Lot 10 from "Open
Space" to "Public use, including public buildings".
WHEREAS, Town of Tiburon is currently processing an application from the Belvedere-
Tiburon Library Agency (File #30804) to amend the aforesaid Precise Plan by allowing the re-
designation of an additional approximately 16,250 square feet of Lot 10 from Open Spaces use to
Public use, including public buildings; and
WHEREAS, the Planning Commission held a public hearing on September 14, 2011 on
the Precise Plan amendment application, and recommended approval of said application to the
Town Council by adopting Resolution No. 2011-15; and
Tiburon Town Council Resolution No. --/--/2011 Page
'EXHIBIT No.
WHEREAS, the Town Council held a public hearing on October 5, 2011 and heard and
considered all public testimony on the matter, and reviewed and considered the entire project
record, including the recommendation of the Planning Commission; and
WHEREAS, the Town Council has previously certified an Environmental Impact Report
for the project, including the Precise Plan amendment; and
WHEREAS, the Town Council finds that the amendment is consistent with the goals and
policies of the Tiburon General Plan and other applicable plans; is in conformance with
objectives and requirements of the Tiburon Zoning Ordinance; is consistent with other provisions
of the Point Tiburon Master Plan and Point Tiburon Precise Plan; and will not be detrimental to
the public health, safety or welfare of the Town.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon
does hereby approve the Point Tiburon Precise Plan amendment by re-designating (in all material
aspects of the Precise Plan) approximately 16,250 square feet of land, as depicted on attached
Exhibit "B", comprising a portion of Lot 10 of the Point Tiburon Subdivision, from "Open Space
use" to "Public use, including public buildings".
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of
Tiburon on , 2011, by the following vote:
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
JEFF SLAVITZ, MAYOR
TOWN OF TIBURON
ATTEST:
DIANE CRANE IACOPI, TOWN CLERK
Attachments: Exhibits "A" and "B"
S: WdministrationlTown CouncillStaff Reportsl201110ctober 19 draflslPoint Tiburon precise plan reso Library 10-19.doc
Tiburon Town Council Resolution No. --/--/2011 Page 2
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Exhibit "B" Area to be changed from Open Space use to Public use (including public buildings and
any uses and structures appurtenant thereto), in the Master Plan and the Precise Plan Map
for the Point Tiburon (Northwestern Pacific Railroad) Planned Development (PD#42)
ITOWN HALI
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EXHIBIT NO. 7_
34 Marsh Road
Tiburon, California 94920
Scott Anderson,
Tiburon's community development director
Tiburon Town Hall,
1505 Tiburon Blvd.
Tiburon, California 94920
Dear Mr. Anderson,
October 5, 2011
n~j
The world's rivers, lakes, wetlands and streams have a tremendous
impact on everyone's lives. But, development and pollution of these
areas result in the loss of an average of hundreds of thousands of
acres of wetlands each year.*
As a home owner on Marsh road, I am concerned your planned
parking expansion for the library will directly harm our pristine marsh
by contributing added pollution and disruption to the many varied
examples of the wild animal, bird, marine and reptile life flourishing in
our wetlands.
While I support the Library, and recognize it as a valuable asset to
our community, I am not convinced that the location of the planned
parking expansion will not cause a detrimental, irreversable
ecological effect to our thriving Railroad Marsh.
I urge you to reconsider where the best use of additional parking
(although it appears ample parking is already available) should be
designated for the Library.
Sincerely,
Janice Fenster
* Theodore Roosevelt Conservation partnership
EXHIBIT NO.~
I of ~
32 Marsh Road
Tiburon, California 94920
Scott Anderson,
Tiburon's community development director
Tiburon Town Hall,
1505 Tiburon Blvd.
Tiburon, California 94920
Dear Mr. Anderson,
October 5, 2011
1U ~ 1 A f
(fie 4 . V"A o (Q s-~,?~r
The world's rivers, lakes, wetlands and streams have a tremendous
impact on everyone's lives. But, development and pollution of these
areas result in the loss of an average of hundreds of thousands of
acres of wetlands each year.*
As a home owner on Marsh road, I am concerned your planned
parking expansion for the library will directly harm our pristine marsh
by contributing added pollution and disruption to the many varied
examples of the wild animal, bird, marine and reptile life flourishing in
our wetlands.
While I support the Library, and recognize it as a valuable asset to
our community, I am not convinced that the location of the planned
parking expansion will not cause a detrimental, irreversable
ecological effect to our thriving Railroad Marsh.
I urge you to reconsider where the best use of additional parking
(although it appears ample parking is already available) should be
designated for the Library.
Sincerely,
Ilse Gonz ez
* Theodore Roosevelt Conservation partnership
N~ T TT3Tr-7 No.
P r~
22 Marsh Road
Tiburon, California 94920
Scott Anderson,
Tiburon's community development director
Tiburon Town Hall,
1505 Tiburon Blvd.
Tiburon, California 94920
Dear Mr. Anderson,
October 5, 2011
The world's rivers, lakes, wetlands and streams have a tremendous
impact on everyone's lives. But, development and pollution of these
areas result in the loss of an average of hundreds of thousands of
acres of wetlands each year.*
As a home owner on Marsh road, I am concerned your planned
parking expansion for the library will directly harm our pristine marsh
by contributing added pollution and disruption to the many varied
examples of the wild animal, bird, marine and reptile life flourishing in
our wetlands.
While I support the Library, and recognize it as a valuable asset to
our community, I am not convinced that the location of the planned
parking expansion will not cause a detrimental, irreversable
ecological effect to our thriving Railroad Marsh.
I urge you to reconsider where the best use of additional parking
(although it appears ample parking is already available) should be
designated for the Library.
Sincerely,
Randall and Elaine Druckery
* Theodore Roosevelt Conservation partnership
Z T r`
Page 1 of 1
Scott Anderson
From: Debby Walton [debbywalton@gmail.com]
Sent: Sunday, October 09, 2011 3:24 PM
To: Scott Anderson
Subject: Library Extention
Dear Mr. Anderson. I am opposed to the new library expansion. We have a store the former IGA that
sits empty. Why couldn't that be a library annex?
Deborah Walton
3 Juno Rd
Tiburon
10/10/2011
T 1 0 201 ~
OC
24 Marsh Road
Tiburon, California 94920
Scott Anderson,
Tiburon's community development director
Tiburon Town Hall,
1505 Tiburon Blvd.
Tiburon, California 94920
Dear Mr. Anderson,
October 5, 2011
The world's rivers, lakes, wetlands and streams have a tremendous
impact on everyone's lives. But, development and pollution of these
areas result in the loss of an average of hundreds of thousands of
acres of wetlands each year.*
As a home owner on Marsh road, I am concerned your planned
parking expansion for the library will directly harm our pristine marsh
by contributing added pollution and disruption to the many varied
examples of the wild animal, bird, marine and reptile life flourishing in
our wetlands.
While I support the Library, and recognize it as a valuable asset to
our community, I am not convinced that the location of the planned
parking expansion will not cause a detrimental, irreversable
ecological effect to our thriving Railroad Marsh.
I urge you to reconsider where the best use of additional parking
(although it appears ample parking is already available) should be
designated for the Library.
Sincere[_,
John a *cgflie hr
* Th eodore Roosevelt Conservation partnership
~j2IT NO. c
Pr~~~
Page 1 of 1
Scott Anderson
From: KNygren@aol.com
Sent: Wednesday, October 12, 2011 6:41 PM
To: Scott Anderson; Dan Watrous
Cc: knygren@aol.com
Subject: Library Expansion
Mayor Jeff Slavitz and Tiburon Councilmember's
Tiburon Town Hall
1505 Tiburon Blvd.
Tiburon, CA 94920
Oct. 12, 2011
Dear Mayor Slavitz and Tiburon Councilmember's,
LATE MAIL # 14-1/
or 70
How can one be against a library expansion? It's like being against Motherhood and Apple
Pie.
In this case something has gone seriously out of kilter even though the library committee has
the best intentions.
The land area or footprint to cram in all the library committee's great ideas just is not there!
It's like trying to fit a square peg into a round whole. It just doesn't work.
What is needed is to look at priorities.
Preserve space for Town Hall parking and possible expansion in the future. A
Councilmember is elected to protect the Town's property.
*Tiburon should adhere to its General Plan Guidelines and not set a precedent to change its
regulations to accommodate the Library.
• Keep a rational visual scale of the size between the two important buildings as we enter
town.
• Most importantly, preserve the existing view corridor to the old St Hilary's Open Space
Preserve.
• Don't encroach on our beautiful and valuable marsh and wetlands we've worked so hard to
obtain and maintain over the years.
The library committee must go back to the drawing board and establish new priorities, look at
other options and create a plan of what their area can realistically and reasonably bear..
Karen Nygren, Former Tiburon Mayor
22 Paseo Mirasol
Tiburon 94920
415-435-2232
nil zi,?n> 1
TOWN OF TIBURON
1505 Tiburon Boulevard
Tiburon, CA 94920
To:
From:
Subject:
Reviewed By:
BACKGROUND
Mayor and Members of the Town Council
Office of the Town Manager
Town Council Meeting
October 5, 2011
Agenda Item:
Request of Councilmember O'Donnell for Consideration of a Resolution in
Support of Pension Reform Efforts
4~~ I
On October 27, 2010, the Marin County Council of Mayor and Councilmembers (MCCMC) created a
Pension Committee to develop comparative pension information, investigate Marin pensions and other
post-employment benefit liabilities and make recommendations for the individual consideration of each
participating Marin entity. Councilmember Emmett O'Donnell was appointed by the Tiburon Town
Council to participate in the Committee. The Committee issued a report on June 22, 2011 which was
distributed to all Councilmembers and the public.
One of the recommendations of the report is the passage of a resolution supporting the concept of pension
reform and setting forth guiding principles and practices for doing so. A sample resolution was included
in the June 22 report. During the Council Reports section of a recent Town Council meeting,
Councilmember O'Donnell requested staff to bring forward a pension resolution for the full Council's
consideration. Staff said it would do so.
Staff made minor modifications to the sample resolution to make it more relevant for Tiburon (for
example, some of the recommendations in it have already been implemented here, rendering them moot
for the Town's purposes). The modified resolution is attached for Town Council consideration.
FINANCIAL IMPACT
There is no financial impact from the passage of this resolution. Some of the suggestions in the resolution
could have a financial impact on the Town, most likely a positive one, if ultimately adopted.
RECOMMENDATION
Staff recommends that the Town Council consider the attached resolution for adoption.
Exhibits: Resolution in Support of Pension Reform Efforts
Prepared By: Peggy Curran, Town Manager
TOWN OF TIBURON PAGE 1 OF 1
TOWN OF TIBURON
RESOLUTION NO. 2011-
A RESOLUTION OF
THE TOWN COUNCIL OF THE TOWN OF TIBURON
IN SUPPORT OF PENSION REFORM EFFORTS
WHEREAS, local government pension reform has been at the forefront of public debate
across the nation; and
WHEREAS, addressing long-term pension liability ~is a primary concern to local
agencies across the State; and
WHEREAS, due to limited options via the State Legislature to date, many agencies have
adopted tiered pension systems in an attempt to reduce long-term pension liability; and
WHEREAS, the Town Council believes it would be appropriate to create and adopt a set
of guiding principles for the Town with respect to its local pension systems.
NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of
Tiburon-does hereby establish the following guiding principles and practices:
1. Public Disclosure - All public pension actuary reports shall be made accessible to the
public via the public counter and the Town website.
2. Principles Against Pension Spiking - Pension spiking is a process whereby compensation
to an employee is significantly inflated immediately preceding an expected retirement in
order to provide a larger pension than one would otherwise be entitled to receive.
a. Consider expanding the use of formulas using the "average of the highest three
years" for determination of final compensation.
b. Work with CalPERS laws and policies related to curbing pension spiking, to
include the support of employer audits to work with agencies to resolve
compensation audit findings.
3. Principles for Risk/Reward Sharing
a. To the extent possible, consider the adoption of policies and support of legislation
to share the risk and reward associated with investment rate volatility and other
pension system elements between the Town and the employee.
4. Rate Surplus Contributions
a. Avoid use of any Town "pension surplus", should one exist again in the future as
it has from time to time in the past, to defray the annual net normal cost of the
Town's pension system, except in the event of a declared Town fiscal emergency.
5. Economies of Scale and Workforce Restructuring
a. Consider policies that structure the workforce to achieve larger economies of
scale, consider consolidation of services where financially and politically feasible,
and continue evaluation of private versus public sector service provision where
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doing so would serve the long term needs of Town residents.
6. Employee and Employer Rate Contributions
a. Maintain the policy of employee rate contributions at 100% of employee cost.
7. Pension System Tiers
a. To the extent fiscally viable and practical for the Town, consider the adoption of
retirement tiers to reduce long-term financial risk.
b. Consider appropriateness of returning employees to the Social Security system
combined with a defined pension contribution plan, verses a defined pension
benefit plan, as a means of financial risk management for the town.
8. Financial Restructuring
a. To the extent fiscally viable, consider debt restructuring for any long-term
underfunded pension liability.
9. support for Statewide Legislation and Reform
a. Consider support for statewide legislative changes designed to create hybrid
pension systems for public employees, to include the development -of revised
formulas altering retirement percentages and extending the maximum payout age
under adopted formula.
b. Consider support for statewide legislative changes designed to allow for the
establishment of a maximum benefit caps for employees.
c. Consider support for statewide legislative changes that create maximum allowable
cost of living adjustments to pension programs.
d. Consider support to improve accountability and transparency in reporting of
financial liabilities with respect to the pension cost obligations.
PASSED AND ADOPTED at a regular meeting of the Town Council held on September
20119 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
Diane Crane Iacopi, Town Clerk
APPROVED:
Jeff Slavitz, Mayor
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