Loading...
HomeMy WebLinkAboutTC Agd Pkt 2012-02-15TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Revised agenda Tiburon Town Council February 15, 2012 Regular Meeting - 7:30 p.m. Interview - 7:15 p.m. TIBURON TOWN COUNCIL INTERVIEWS FOR TOWN BOARDS, COMMISSIONS &t COMMITTEES - (7:15 p.m.) One vacancy on Building Code Appeals Board • Mark Swanson CALL TO ORDER AND ROLL CALL Councilmember Collins, Councilmember Doyle, Councilmember Fredericks, Vice Mayor O'Donnell, Mayor Fraser CLOSED SESSION ANNOUNCEMENT, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt minutes of February 1, 2012 regular meeting (Town Clerk Crane Iacopi) 2. FY 2011-12 Town Budget - Accept mid-year budget report (Director of Administrative Services Bigall) 3. Designation of Town representatives regarding Town employee compensation and benefits - Appoint Town Manager Curran and Administrative Services Director Bigall as Town representatives in negotiating compensation packages for all Town employees (Town Attorney Danforth) ACTION ITEMS Appointments to Boards, Commissions &L Committees - Consider reappointment of commissioners whose terms expire at the end of February 2012 (Town Clerk Crane Iacopi) 2. Appointments to Boards, Commissions &t Committees - Consider appointment to fill one vacancy on the Building Code Appeals Board (Town Clerk Crane Iacopi) PUBLIC HEARINGS Alta Robles Precise Development Plan, Alternative 6 - 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 - Item continued from November 16, 2011 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS Town Council Weekly Digests - February 3, 2012 Town Council Weekly Digest - February 10, 2012 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, www.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. C-6- - / TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser cant e-regu}a ~ ng of the Tiburon Town Council to order at 7:30 p.m. on Wednesdal(I February 1 2012rown Council Chambers 1505 Tiburon Boulevard ' in Tiburon, Cali ia. ROLL CALL PRESENT: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell ABSENT: COUNCILMEMBERS: Doyle 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, Police Chief Cronin, Planning Manager Watrous, Town Clerk Crane Iacopi Prior to the regular meeting, at 7:15 p.m., the Council interviewed a candidate for a vacancy on the Heritage & Arts Commission, as follows: INTERVIEWS FOR TOWN BOARDS, COMMISSIONS & COMMITTEES Two vacancies - Heritage & Arts Commission • Daniel Amir, 22 Juno Road CLOSED SESSION ANNOUNCEMENT, IF ANY There was no closed session. ORAL COMMUNICATIONS None. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of January 18, 2012 meeting (Town Clerk Crane Iacopi) 2. Library Streamlining Ordinance - 2°a reading and adoption of an ordinance establishing 4streamlined review procedure and exemption from the Zoning Ordinance for the DRAFT "ouncil Minutes #02 -2012 February 1, 2012 Page 1 Belvedere-Tiburon Public Library Expansion Project located at 1501 and 1505 Tiburon Boulevard; AP Nos. 058-171-92, 93, 94 and 058-171-62 (Director of Community Development Anderson) 3. Tiburon Boulevard/Paradise Drive Security Cameras - Adopt annual operations report (Chief of Police Cronin) 4. Marin Energy Authority Grant Support - Adopt resolution in support of Marin Energy Authority (MEA) grant application for start-up funding for Property Assessed Clean Energy (PACE) program (Town Manager Curran) MOTION: To adopt Consent Calendar Item Nos. 1 through, as written. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous ABSENT: Doyle AC 7ION ITEMS 1. Appointments to Boards, Commissions & Committees - Consider appointment to fill one vacancy on Heritage & Arts Commission (Town Clerk Crane Iacopi) Item continued without discussion. PUBLIC HEARINGS Mayor Fraser took Public Hearing Item Nos. 1 and 2 out of order, with the Housing Element being heard first. 2. Housing Element Update - Review and consider adoption of a revised Housing Element of the General Plan and an Accompanying Negative Declaration (Director of Community Development Anderson) Director Anderson gave the report. He said that the Town has been working toward this latest housing element update since 2009, that the Town Council had reviewed a preliminary draft element last year, and that the Town had received preliminary certification from the State Department of Housing and Community Development (HCD) for its latest update of the Tiburon General Plan Housing Element in October. The Director said that HCD's comments focused on affordable housing sites and removal of governmental restraints, as well as provision of incentives to develop housing. He said that HCD had 90 days to certify the document once adopted, but that he expected approval sooner than that. Anderson also noted that the next housing element update adoption deadline would be probably be less than three years away. Anderson said that the Planning Commission held a public hearing on the document last month and had recommended adoption to the Town Council. He said the Town Council must also hold DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 2 a public hearing prior to final adoption of the updated Housing Element. He recommended that the Town Council hear any public testimony, make any desired changes, and adopt the Resolution adopting the updated Housing Element. Mayor Fraser opened the floor to Council questions. Councilmember Fredericks said the report referred to the splitting of RHNA number 75/25 between the County and cities; she said there had been discussion of a 50150 split and wondered if this information should be included in the report. Anderson said this altered formula might apply to the next housing element cycle but not to the current one under consideration this evening. Fredericks also questioned a reference to population growth on page 13, and wondered if the methodology to compute population based on the rate of births minus deaths might be accurate. Anderson said he would review and clarify that paragraph. Vice Mayor O'Donnell wondered why the element had to be re-done so frequently. Director Anderson said that the State had very stringent requirements and that regulations were detailed and lengthy. He said that the review cycle was typically five years and that after 2014, he believed it would become eight years provided that a community adopted its element on time; otherwise the five year cycle would continue. In sum, he stated that the Town currently had no discretion or control over the review cycle or frequency of state-mandated updates. The Vice Mayor asked if it was possible to re-use some of the data or whether the Town had to "start from scratch" to prepare its housing element. Director Anderson said that the Town did indeed re-use sections of its housing element during subsequent updates. Councilmember Collins asked whether the language concerning the Town's Redevelopment Agency should be updated to reflect the winding down of the agency. Director Anderson said he believed it had been updated but said he would double-check it and correct it if necessary. Collins also asked about the description on page 48 of the estimated number of housing units within the town needing rehabilitation. Director Anderson said that this information was obtained from building inspectors and was primarily anecdotal. Councilmember Fredericks said that the last housing element update was well done. She said that this element could have been written more clearly. She said that the information pertaining to SB 375 could use more clarification and should be less cursory. Mayor Fraser referenced page 66, revised Exhibit 2, to ask whether there was a conflict in the potential use of the Reed School site for affordable housing. Anderson replied that if the site appears to be unavailable in the near term going forward, that the Town would have to find a replacement site or sites by the time of the next housing element update. It was noted that unexpected student enrollment increases are a primary factor in the site perhaps not being available in the near future. DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 3 Councilmember Fredericks asked if the RHNA numbers would place a greater burden on the Town to identify affordable housing sites. She noted that the Sustainable Communities Strategy (SCS) had changed these numbers for some communities. Anderson said that the Town's regional housing numbers would most likely not change substantially for the next housing element cycle. Mayor Fraser opened the public hearing. There was no public comment. Mayor Fraser closed the public hearing. MOTION: To adopt resolution, as written. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous ABSENT: Doyle Trestle Glen Circle Precise Development Plan (PDP) -Review and consider adoption of Mitigated Negative Declaration for a Precise Development Plan for three, single-family residential lots on a 14.46 acre site on the south side of Trestle Glen Blvd between Tiburon Boulevard and the upper intersection of Juno Road, AP No. 039-061-91 (Planning Manager Watrous) Planning Manager Watrous summarized the written staff report which detailed the history of the project, the hearings before the Planning Commission, and the steps taken by the applicant to address the issues and concerns raised by the Planning Commission and the public. Mayor Fraser opened the public hearing to a presentation by the applicant. Applicant ("project sponsor") Art Giovarra made a brief presentation. He thanked the Town staff for its thoughtful work on the project over four and a half years. Mr. Giovarra said "we've made many changes to the project" after listening to the neighbors and the Planning Division staff which resulted in a project he felt was one of the better proposals to come before the Council. Scott Hochstrasser, environmental consultant and project manager, also noted that when the project first was under consideration in 2008, it was a four-unit plan which was subsequently withdrawn and resubmitted as a three-lot project after a series of public workshops with the neighborhood. At the recommendation of Town staff, Hochstrasser said that a Master Plan concept was developed with five key points: 1) A 3-lot project; 2) no homes at the top of the property or on the ridgeline; 3) no access from Silverado Drive and access from the creation of a intersection at Juno Road at Trestle Glen; with 4) lots to range in the approximate four-acre size; and 5) reduced house size and more overall open space. Hochstrasser elaborated that the plan now contained 67% open space which far exceeded the Town's guidelines. He said that when the plan was presented to the Planning Commission, the environmental impact analysis was shown to have avoided significant impacts and/or to have DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 4 been mitigated. Overall, Hochstrasser said it was demonstrated to be an environmentally superior project. Hochstrasser said that there was a question raised about neighborhood compatibility but that it was difficult to assess which surrounding neighborhood was being impacted in this regard. He said that in his presentation, architect Miles Berger would show how the house sizes and floor areas were compatible with adjacent properties. Hochstrasser said that while each lot met the Town's standards, they had been further modified at the Planning Commission's request. He also said that the Planning Commission had not favored the 4'estate uses" (tennis court, separate studio, etc.) shown in Lot 3, even though the lot size would support them. He said that Lot 1 had reduced its residential use to 1.8 acres. He said the house on Lot 3 had been moved and reduced in size after the Planning Commission had asked for a reduction of mass in response to a neighborhood concern about the impacts of viewing a large house in that location. In commenting about the view impact, Hochstrasser noted that the closest neighbor in Belveron was 200 feet away and that there was a drop in elevation of 70 feet in the view. Hochstrasser said thafthe applicant offered to remove the tennis court and studio but the Planning Commission went even further and asked for a reduction of the Residential Use Area (RUA). He said that the applicant had reduced the RUA in Lot 3 but that rather than increasing non-contiguous open space on the lot, the applicant now proposed an increase in the landscape buffer to 45 feet. He said there was also a 10-foot dedicated area for a [future] bikeway and a 20-foot landscape buffer in the previous plan. Finally, Hochstrasser responded to comments submitted in a "late mail" letter from Randy Greenberg by stating: 1) the house sizes have been reduced; 2) excess grading and hydrologic impacts had been addressed and mitigated; 3) the off-site watershed problem is addressed in condition No. 3 of the Town's draft resolution; 4) requiring that retaining walls be made of stone might not make sense since the walls were located behind the homes reducing their visibility from afar; 5) fencing would replace existing fencing to keep deer out; 6) the estimated 30,000 cubic feet of dirt being moved would not be removed from the site; and 7) native plantings could be incorporated into the landscape plan; 8) hydro-seeding was standard practice. He said that Ms. Greenberg" s concerns could all be addressed through the conditions of approval set forth in the resolution. Councilmember Fredericks asked if the vertical height of the house on Lot 3 was the same as before. Berger said that it was, however, the house had been lowered and stepped back into the hillside. Berger also noted that the requested increase in the landscape buffer from 20 to 45 feet had been made at the recommendation of Town staff. Architect Berger reviewed photo simulations submitted to the Council. He showed how the applicant had tried to move the homes our of the view corridors visible from anyone exiting off Juno Road and to preserve the sense of open space on the hill. He noted that the views toward the proposed homes would have far less impact than looking up at the homes on Turtle Rock Court. Berger noted that the homes had been placed farther down the hill so as not to impact the DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 5 beautiful Bay trees uphill and to not disturb the views of the secondary ridgeline. He said the result was the preservation of the overall "green" of the existing hill. Berger said that the plans for a 234-foot "tip-to-tip" house on Lot 3 would have had too much prominence on the hill, according to the Planning Commission, so the applicant had "chopped down" the length. He passed out a photo simulation of the new version which was now 136 feet (a 42% reduction). Berger described how the house would be pushed back and dug into the hill with only the top floor coining above grade. He said the Planning Commission had asked this to be in the guidelines that went to the Design Review Board and also to give comfort to the neighbors. He said that 134 feet would be the benchmark for the home that would eventually be designed. Architect Berger said that the Tiburon Court project had set the goal and model for the Trestle Glen Circle project in terms of square footage and house size. He said that Trestle Glen would be slightly less square footage in total and that in order to be consistent [with Tiburon Court], they had used the same approximate floor areas. Berger said that the Planning Commission had also asked for darker colors of the future homes. Finally, in response to a question about whether the house on Lot 3 could be moved [to the west], architect Berger said that the Design Review Board could decide the precise location during its review. He noted that moving the home would create an impact on the neighbors to the west that would no doubt have to be considered at that time. Councilmember Collins asked about the retaining walls; Berger said that the majority would be located behind the homes. He asked how high the driveway was above grade up to Lot 3. Mr. Hochstrasser said that it was 31/2 to four feet. Berger noted that the landscape plan had lots of trees and shrubs that would shield these structures from view. Councilmember Collins asked if there was enough room on Lot 3 to move the house to the west. Mr. Berger said that yes, there was a "fudge factor," but he suggested that the right time to review this was during the Design Review process. Councilmember Collins asked if there were any problems with incorporating native plants into the landscape plan and whether the more prominent walls could be made of stone or stone fagade. Mr. Berger noted that the walls would eventually be covered by plants so that expensive stone walls might not be necessary. Collins asked about the proposed fencing along Trestle Glen Boulevard. Berger said that fencing would be "extremely modest" and "not estate-like". He said that it was only important to control wildlife. He described it as "utilitarian" and a "deer fence". Planning Manager Watrous said there were larger walls (up to 12 feet tall) between Lots 2 and 3. He said that was the only place in the project that the visible walls would be taller than six feet. Mr. Berger added that the retaining walls played an important role in keeping the amount of necessary grading to a minimum. DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 6 Councilmember Fredericks asked whether it would be possible to step back the walls. She also asked if there was room on Lot 3 for a swimming pool and cabana. Berger said that there was. Fredericks noted that State law said that a secondary dwelling was allowed on a property up to 500 square feet. Planning Manager Watrous said that this square footage would have to count toward the total floor area allowed for each lot. Vice Mayor O'Donnell asked whether the studio was now out of the plans. Berger said that it was. O'Donnell asked if the house could be shifted over more to that side of the lot. Berger said that it could but that it could not be "stretched" out because the Planning Commission had approved the 134-foot length as a maximum. O'Donnell asked about the shed described in the plans and the vineyard below (Lot 3). Architect Berger said that there was enough acreage that it could be used as a vineyard or orchard and that there could be a storage shed or basement that could house agricultural equipment. At present, he said it was shown on the plans as below-ground basement space, a storage area that could be accessed through the garage. Vice Mayor O'Donnell asked whether the home designs were conceptual or styles that "we are married to." Berger said no, that that the concepts were guidelines to show height and home configuration on the property. He noted that the recommended "darker hue" was merely to be used as a guideline for DRB review. Mayor Fraser asked whether the location of the "accessory buildings" on Lot 3 was fixed. Planning Manager Watrous said no, but that they would have to remain within the RUA; he added that some structures, like fencing, would also be allowed in the secondary RUA. Planning Manager Watrous also pointed out that pools, spas, gazebos, arbors, patios, decks, water features, and the like would be allowed in the RUA under Town guidelines, subject to DRB approval. Mayor Fraser said that condition No. 9 of the draft resolution contained a fairly specific statement regarding house design. Berger said this was because the Planning Commission was concerned with mass and articulation of the home designs. Councilmember Fredericks asked about parking. Mr. Berger said that each house in the project would have guest parking and apron space. Fredericks asked if there would be any parking other than on private property. Berger said no, parking was on the property. Fredericks asked where contractors would park. Mr. Hochstrasser said that all the staging for the project could happen on site. Fredericks asked if this meant during all phases of construction, road grading, etc. Mr. Hochstrasser said that the site could accommodate it. Mayor Fraser opened the hearing to public comment. Daniel Amir, representing the Belveron East neighborhood, said that there were three main concerns: size, privacy and traffic, which he and two other speakers would address. DRAFT Town Council Minutes #02 -2012 Februaiy 1, 2012 Page 7 Mr. Amir said that the main issue with size was the lack of compatibility with homes in Belveron East, especially the one proposed for Lot 3. He said that the Town's General Plan policies LU-5 and L-12 addressed this issue. He said that there were positive outcomes form the Planning Commission hearings. However, Amir said that the neighbors would like the house on Lot 3 to be more like the houses on Lots 1 and 2 and like the houses in the already-approved Tiburon Court project (4,300 square feet). He also said the neighbors were opposed to tennis courts on any of the properties. Mr. Amir said that this was the first time the neighbors were seeing the revised plans, submitted by the applicant at the meeting. He said that 136 feet was too long for a home [on Lot 3] and that it would look too large. However, he said the neighbors had hoped for it to "tucked in" so he recognized this as a positive step by the applicant. Amir also asked that the guest house be eliminated and that the house on Lot 3 be moved to the west. He said this was because the way the road curved up it would look less obtrusive to Belveron. Mr. Amir said that the house on Lot 2 would have significant impact on privacy and views and asked that it be "tucked in" as well. He said that the neighbors were not "against" the owner of the property but asked the Council to limit the house size and lessen the impact to the neighborhood. Karen Halsey said she was one of the neighbors most impacted by Lot 3. She said that the hill is very close and that Lot 3 would look into her backyard. She said that the Juno Road neighbors wanted to maintain their privacy and wondered if the roadway in the new development that ran parallel to Trestle Glen Boulevard would be hidden. She said that trees take time to grow. She also said that the neighbors enjoyed their sunshine and views during the day, and the dark sky at night. She asked that light pollution be mitigated through size and placement of the homes in the development. With regard to the vineyard, Ms. Halsey said that this was a residential, non-rural setting and she worried about tractors and the use pesticides. She asked that this "commercial, non-residential use" be removed from the project. Marti Andrews, President of Belveron East Neighborhood Association, said she spoke for most of the residents when she expressed concerns about traffic impacts from the new development. She said that there no concrete solutions offered to existing problems at the Tiburon Boulevard and Trestle Glen Boulevard intersections, and that it didn't take into account future developments along Paradise Drive. Ms. Andrews said that turning left onto Trestle Glen from Juno was "scary." She noted that Trestle Glen Boulevard was the only cross-peninsula road and that there were many speeders and accidents. She said that the road carried 5,000 cars a day and that number was increasing all the time. She said the solution was 1) slower traffic on Trestle Glen and 2) to ensure that the Trestle Glen Boulevard and Juno Road intersection was made safe for everyone-cars, bikes and DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 8 pedestrians. She also asked for consideration of a four-way stop sign at Juno/Trestle Glen. Finally, Ms. Andrews said that the neighbors did not want any construction traffic because there were no sidewalks [on Juno Road] and that there were lots of kids in the street. She asked that the Council not approve the project until the traffic issues were decided and resolved. Mayor Fraser asked if there were additional speakers. Rod McLeod said that during recent road construction on Trestle Glen Boulevard, Ghilotti had parked heavy equipment in the neighborhood and that the asphalt pavement on the street was breaking down. He said the narrow streets of the neighborhood presented a hazardous condition; he asked that the Council prohibit parking during the project construction. Mr. McLeod also expressed concerns about a drain field and suggested that drainage from the project would exacerbate the flooding at the end of lower Mercury Avenue that had historically been a problem. He said that the neighborhood got "backwater" during high tide and he worried that if the project used the neighborhood's drain field, homes would be in jeopardy. Richard Vasicek said that he and his family spent a lot of time outdoors and that the projects' sight and noise pollution by day, and light pollution at night, were issues for him. He said that a balance should be struck and that the larger homes on smaller lots like Turtle Rock Court were preferable to estate-size lots in Trestle Glen Circle. Margaret Peterson, resident since 1954, agreed that traffic was terrible and would get worse; said that the one traffic accident ended up in her back yard. She questioned whether a vineyard could be planted "'facing north" and also asked questions about where the entrance to the project would be. Randy Greenberg said that she had travelled back and forth on Trestle Glen Boulevard for 27 years. She said that traffic impacts were cumulative and that no one project was responsible for them. However, she said that "we're at the breaking point" and cited an example of backed up traffic at Tiburon Boulevard and having to wait a minimurn of three traffic lights to get through during rush hour. She said that the subtle curves and sight lines of Trestle Glen Boulevard exacerbated the problems. She opined that a stop sign would not be the answer. Greenberg questioned whether the proposed fence would completely front Trestle Glen Boulevard and stated that it should be behind the landscape easement and in the RUA. Ms. Greenberg also questioned the "narrowing" of the 234-foot house and said that if compressed, it would result in a bigger vertical mass. Greenberg said that she had not seen the newest plans and could not understand what was being proposed. Instead, she recommended that the Council reduce the square footage of the house on Lot 3 to avoid the issue of mass; also require stone facing on the retaining walls because they would be visible from off-site and would look like "shining lights"; she questioned the definition DRAFT Town Council Minutes #02 -2012 Februaiy 1, 2012 Page 9 of basement in the context of storing equipment on Lot 3 and said that basements in the Trestle Glen Circle development were the size of houses in Belveron; she asked for less grading because there were numerous underground waterways on the site and.you "don't know what you're digging up." Dorata Wisner said she was a new resident with two children who were for the first time enjoying seeing the stars at night from their home. She said that the fagade of the proposed home [Lot 3] was so big it would "look down on us" with wide, tall windows. She asked whether the house could be turned or moved, or whether a smaller house might be built in that location. Mayor Fraser asked if the applicant or representatives would like to reply to any of the comments. Mr. Hochstrasser commented on the extent of the landscaping buffer with its trees, perennials and ground cover which would soften the view of the house on Lot 3. He reiterated that the distances were 200 feet to the closest house in Belveron, and 70 feet below the proposed house on Lot 3. Hochstrasser objected to the idea of arbitrarily limiting the size of the house on Lot 3, or reducing it below 5,000 square feet. He said that RUAs were not defined in the Town's General Plan and that the applicant had come forward with this on their own. With regard to traffic issues, Mr. Hochstrasser said that the project plan met all the requirements but that there might be a way to improve upon the existing problems with increased enforcement. He wondered whether the 5,000 cars a day on Trestle Glen Boulevard might not have a greater impact on the homes along Juno Road than the construction of three new homes. Hochstrasser said that the proposed deer fencing would be located behind the bicycle access lane in the landscaping plan and would probably be removed eventually if the town builds a bikeway in that location. Mr. Hochstrasser clarified that the house designs in the photo simulation were conceptual and were meant to show that what the Planning Commission was requesting was "doable". Councilmember Collins asked if a knoll needed to be lowered to improve the left turn out of the project onto Trestle Glen Boulevard. Mr. Hochstrasser answered that it was in the design plans. Councilmember Fredericks asked what Mr. Hochstrasser meant by his statement that the RUA was discretionary. She asked whether a large part of the RUA was not, in fact, useable or buildable. Mr. Hochstrasser said that a tennis court and other structures had been part of the RUA in the previous plans. He clarified that the applicant had taken an approach that seemed to be effective in towns such as Tiburon in which the building envelope was further refined to create an RUA so that the future owner would have open and full use when the lot was developed and also to give clear definition of what could be in the RUA. He said the effect was one of DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 10 restricting development of the property and also giving some measure of control. Councilmember O'Donnell said that the idea of shifting the house on Lot 3 did not seem to follow the idea of clear definition of house locations. Mr. Hochstrasser said that condition No. 9 of the draft resolution locked in the location on the site, and that if it were to be moved, it must be shown that it did not adversely impact another property. Mr. Berger said that the compatibility comparison to Turtle Rock Court had come up at the Planning Commission hearing. He said that that development contained several houses in excess of 6,000 square feet on lots one-fifth the size of the proposed development. He marveled that the neighbors would find that a desirable comparison. He said that instead, the applicant had made the houses on Lots 1 and 2 smaller and the house on Lot 3 larger to remain in total concert (match the square footage) of the adjoining Tiburon Court development. Berger disputed Ms. Greenberg's comments about the vertical height and mass of the house on Lot 3. He said that the house was 24 feet tall at its highest point and was not "raised up" as stated by Greenberg. He said that it was "stacked behind and into the hill" rather than creating more mass. He said that the photo simulations had been prepared "to prove to ourselves that we could do it," not to increase the height or decrease the length. Councilmember Fredericks questioned Berger's statement about the size of the house for Lot 3 and said it was bigger than the square footage stated in the staff report. Mr. Berger said that the square footage in the staff report was correct. Ms. Fredericks commented that even stepped into the hill, the house on Lot 3 might appear massive depending on how close you were to it. Councilmember Collins asked whether there was enough room on site for staging all the trucks and equipment during construction. Berger suggested that the Town Council could stipulate that in its approvals. Director of Community Development Anderson said that condition of approval 17 called for a construction management plan and could designate the number of employees, and the like, on site. Collins asked whether the solar panels could be located behind the house on Lot 3. Mr. Hochstrasser and the applicant's engineer in attendance said that they could be either on the roof or behind the house. Mayor Fraser closed the public hearing at 9:30 p.m. Vice Mayor O'Donnell opened the Council deliberations. O'Donnell said that he had visited the site and had given the project a lot of thought. He said he liked the re-construed project and stated that the applicant had done a much to accommodate the concerns of the neighbors and had followed the direction of the Planning Commission to remove DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 11 the tennis court and shorten the house length in Lot 3. He said this was a major achievement and would greatly lessen the impact on the Belveron neighborhood. The Vice Mayor said that the increased size of the landscape buffer also had benefit in that it would create a noise buffer on both sides and was a tremendous asset in a suburban neighborhood. He said that the approval should ensure that the deer fence was not at the edge of the property and that room was left for a bikeway. He said the fence should be substantially within the RUA or near the side of the home. Planning Manager Watrous clarified the last point, stating that currently the conditions of approval state that the fence must be located only within the RUA. O'Donnell said that a condition of approval requiring on-site construction staging was a good idea. He warned against the installation of a stop sign, stating that it might create more of a noise impact than increase safety. However, O'Donnell said that the HOA should continue to work with the Town on addresses the traffic safety issues. Vice Mayor O'Donnell said that he was not troubled by the home sizes. He said that first of all, it was not fair to compare them with the house sizes in Belveron. Secondly, O'Donnell said that they were appropriately sized for the size of the lots and that the project would maintain the pastoral quality of the site with the dedication of open space. The Vice Mayor said that he could support the project as revised, however, he asked for some tweaking of the condition No. 9 regarding the conceptual design. He said it would be helpful to add something to the effect of "same articulation of design or roof height" or something that would provide clarification and direction to the DRB. Councilmember Fredericks said that she understood the issue of neighborhood compatibility. However, she said that taken as a whole, Belveron East was its own unique neighborhood where people talked and interacted with each other, and that it was surrounded by houses that were much larger. But taken as a whole, and looking at an aerial photo, Belveron was a compatible unit. She said that the houses in the new development could never be downsized enough to be invisible and that with the wide, planted landscape buffer, their size could be mitigated. She said the test would be how the whole plan was executed; she suggested that the neighbors remain involved in the DRB process. Fredericks said that the nature of the lot and its existing landslides would result in a lot of grading. She said that fences and walls should be dark [color] and stepped back. She said she agreed with Vice Mayor O'Donnell to tighten up the language concerning the design concepts. A question about solar panel placement arose. Planning Manager Watrous said that placement would only be allowed within the RUAs and that the most appropriate place for them would be south-facing. Councilmember Fredericks commented that the orientation of the site would dictate their placement. She noted that the Town's policy on solar panels offered an incentive to place them on the roof rather than on the ground. DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 12 Fredericks also said that enforcement was the only hope in the ongoing struggle of speeding cars on Trestle Glen. She said that the increased traffic on narrow or existing roads was a struggle faced by many communities as they were built out. Councilmember Fredericks said that the vineyard idea raised questions regarding the intensity of use, and she questioned the idea of storing tractors and equipment in a basement. Planning Manager Watrous noted that the Town did not have restrictions on equipment in residential areas, such as tractors or mowers. He pointed out that it was not a large vineyard and that the Town did not have restrictions on the kinds of plants or landscaping on residential properties. However, he said the Town's basement regulations were very restrictive. He commented that it would be difficult but not impossible to get a tractor in or out of a basement. Fredericks asked if a barn door could be put on the basement. Watrous said that it could not, in the Town's definition of a basement. Fredericks said that she supported the project with the conditions stated in the resolution, along with her comments and those of the Vice Mayor. Councilmember Collins thanked the Town staff for four-plus years of work and said he supported the project. He pointed out that it was located right next to a same-size project and was therefore compatible. He said that condition of approval 17 should be modified to require that construction parking for the project should be elsewhere [not in the Belveron neighborhood]; he said that a requirement for planting native plants and grasses should be added to the landscape plan. Collins asked if the landscaping could be trimmed at the Juno Road/Trestle Glen intersection to lengthen the sight line. Collins said that language should be added to state that retaining walls should be stepped back if they were more than 3'/2-feet high and faced something. And that a note should be made to the DRB to remain flexible on the location of the house on Lot 3 to address the impact on neighbors. But Collins said that the house design concept should be left up to whoever builds the house and that flexibility in this area was important, as well. Vice Mayor O'Donnell asked if he supported the idea of articulation [to avoid mass and bulk]. Collins said that he agreed with that concept but not to lock in a particular style, e.g. Spanish-style, Cape Cod, etc. Mayor Fraser also thanked Town staff, the applicant, and the neighbors for their efforts to better understand the issues of all parties concerned. He said that he, too, supported the project as presented but that he was a fan of "more direction" rather than less. In this regard, he asked that the language of the resolution be tightened to indicate that the homes should "...not to be dramatically different" from what was presented to the Council. Planning Manager Watrous said that language could be crafted to state that the house design [on Lot 3] shall closely resemble articulation of the building in the conceptual design. DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 13 Fraser said that the applicant had made a good move to request an increase to the landscape buffer from 20 to 45 feet which would provide privacy to the_new homes and shield the neighborhood below. He said that the fence should be behind the landscaping which would be more pleasing to the eye. He also said that direction should be given to the DRB to require down- lighting to avoid light pollution and glare. Planning Manager Watrous said that condition of approval 9 of the resolution could be modified to allow flexibility of the location of the house on Lot 3 to minimize the impacts on neighboring residents and to carefully review lighting. With regard to traffic safety, the Mayor asked if the HOA would be willing to work with the Chief of Police and the Traffic Safety Committee to come up with solutions to the problems. He said this might include a slower speed limit on Trestle Glen Boulevard, lights, speed bumps, or signs. The Mayor agreed that the conditions for construction staging should be strengthened. Director of Community Development Anderson recited a condition of approval from the tentative map of the Tiburon Court project that would be added for this project. With regard to retaining walls, the Director suggested language for an added condition that would address the appearance of ``publicly visible walls" and those in excess of 42 inches, which would be subject to design review. Anderson suggested that the walls "shall have the appearance of rock" and be medium to dark, and that walls in excess of six feet might possibly be divided into two lower walls. Councilmember Collins said that the reference to CCRs in the mitigation measures should be in sync with the language in condition of approval 12 in the resolution. O'Donnell asked whether a minimum 45-foot landscape buffer as shown on the revised plans was included in the resolution. Staff said that it would be. MOTION: To adopt resolution as amended in Council discussion. Moved: O'Donnell, seconded by Collins Vote: AYES: Unanimous ABSENT: Doyle TOWN COUNCIL REPORTS Vice Mayor O'Donnell said that he would attend a meeting with Supervisor Sears and representatives of BCDC to discuss a mooring plan in Richardson Bay. TOWN MANAGER'S REPORT None. DRAFT Town Council Minutes #02 -2012 Februafy 1, 2012 Page 14 WEEKLY DIGESTS • Town Council Weekly Digests - January 20, 2012 • Town Council Weekly Digest - January 27, 2012 At 10:07 p.m., Allan Bortel asked to address the Council on the Housing Element item. (He came to the meeting not realizing that the item would be been taken out of order on the agenda.) Mayor Fraser invited him to address the Council. Mr. Bortel said he hoped that the 2010 census data had been included in the report. He also referenced the mention of the property located above Reed School for possible future housing uses. He said that he would like to be kept apprised of any town meetings on this topic. Otherwise, Bortel said that it seemed liked a decent report and that he hoped the State would approve it. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 10:10 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #02 -2012 February 1, 2012 Page 15 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Department of Administrative Services Town Council Meeting Februaryl5, 2012 Agenda Item: CC-2- Recommendation to Accept the Fiscal Year 2011-12 Mid-Year Budget Review On June 20, 2011, the Town Council adopted a total budget of $18.5 million. The total budget is comprised of an $8.5 million Operating Budget, $146,600 in Capital Outlay, $8.8 million in Capital Improvement Projects, and $1.0 million in Debt Service. The following analysis will focus primarily on the Operating Budget. For the past four years the national, state and local economy has been suffering through the worst downturn in the past 80 years. Unlike most recessions in the past few decades, the Town of Tiburon has not been immune from the impacts of the recent economic downturn. However, the Town Council has taken quick and decisive actions to reign-in expenditures, and probably more importantly, has reduced or capped future liabilities. These actions over the past four years have allowed the Town to maintain the high level of services that residents and businesses expect without having to use reserves to fund operations. We anticipate these actions will allow the Town to emerge from this economic downturn in a stronger financial position than other public agencies. ANALYSIS Schedule 1 of the attached financial statements indicates that at mid year Operating Revenues and Other Fund Sources are at 41.1% of budget, and operating expenditures at 48.5%. Historically, the Town operates in a deficit position through mid-year due to the timing of the receipt of certain major revenue sources and the payment of large, one-time expenditures early in the fiscal year, i.e. Joint Power Agreements and liability and workers' compensation insurance premiums. However, staff projects the Town will complete the fiscal year with an operating surplus of approximately $276,520. The adopted budget provided for a balanced operating budget. The table below provides a comparison of the current operating budget at mid-year to last fiscal year. TOWN OF TIBURON PAGE 1 OF 5 Operating Budget Mid-Year Comparison FY 2012 and FY 2011 Budget FY 2012 Actual 12/31/11 % of Budget Budget FY 2011 Actual 12/31/10 % of Budget Revenue $8,558,731 $3,514,663 41.1% $8,575,533 $3,529,326 41.1% Expenditure $8,558,731 $4,143,810 48.5% $8,575,482 $4,175,669 48.7% At mid-year both revenue and expenditures are running slightly behind FY 2010-11. Both years' adopted budgets are nearly identical, with a slight reduction in revenue and expenditures in the current fiscal year. It is important to note that the Town is not experiencing the large revenue declines that were experienced in FY 2008-09 and FY 2009-10. Schedule 2 of the attached statements provides budget to actual figures for FY 2010-11 and budget to estimate for FY 2011-12. Revenues are projected to end the year $330,917 less than FY 2010-11 actual. This is due to one-time revenues that the Town received last fiscal year. Staff prefers to conservatively estimate revenues to fiscal year end, and believes we will make up a portion of this variance by fiscal year end. Expenditures are projected to exceed FY 2010-11 by $334,168. Again, staff prefers to conservatively estimate expenditure of all appropriations, except where there are known reasons why an expenditure will not be made. Operating Revenues Overall, the revenue forecast for FY 2011-12 is conservatively projected to exceed budget by $182,912. Schedule 3 provides revenue detail at the category level. Staff is projecting less than budgeted revenue in Investment Earnings, Intergovernmental and Agency, and License and Permit categories. These revenue shortfalls will be more than offset by improvements to secured property and transient occupancy taxes, as well as refuse collection franchise fees. Below provides further explanation of each category's projection: Property Taxes include Secured, Unsecured and Excess Revenue Augmentation Fund (ERAF) distributions. The ERAF program was established by the State in 1992 to shift partial financial responsibility for funding education to local government through a formula allocation of local property tax revenues to the ERAF. Excess ERAF funds are returned to local government. Property Tax allocations are advanced to the Town by the County in three installments: 55% in December, 40% in April and 5% in June. Secured Property Tax revenue was budgeted to decrease by 0.5% over FY 2010-11. However, based on the 55% December remittance from the County, staff projects that this revenue source will exceed budget by $59,516, or a 2.1 % increase over last year's actual. This is a positive indication that the trend of downward property tax assessments not resulting from a transfer of property has slowed. ERAF receipts will be below budget by $28,133 based on the January 2012 receipt from the County. Overall, however, property taxes are projected to exceed budget by $52,800, or 1.3%. t' Other Taxes include sales, transient occupancy and property transfer taxes. All of these sources of revenue are projected to exceed budget, with transient occupancy tax exceeding budget by 70,615 or 16.6%. The Town has been experiencing monthly, year-over-year increases of 10-20% from each hotel within the Town. Property Transfer Tax is projected to exceed budget by $35,284 or 32.0%. Overall this revenue category will exceed budget by $138,687 or 14.6%. Sales tax is projected to increase minimally. Franchise Fees include PG&E, Cable and Refuse Collection. PG&E fees are received annually in April of the fiscal year, so it is too early to determine any variance from budget. Based on receipts to date, Refuse Collection fees should exceed budget by $67,616. This is due to the increase of franchise fees negotiated between the Town the Mill Valley Refuse Service. Cable franchise fees are estimated to exceed budget by $2,000. Overall, this revenue category will exceed budget by $89,616 or 17%. Fines and Forfeitures include vehicle code, parking, and false alarm fines along with fines imposed by the building department. Staff projects each source to exceed budget, and overall this category will exceed budget by $22,712 or 23.7%. Investment Earnings includes all interest earned on idle funds. Investment earnings are projected to miss budget by $2,090 due to declining interest rates. Intergovernmental and Agency includes miscellaneous reimbursements from local agencies for fuel and State Vehicle License Fees. This revenue category is projected to be below budget by $20,262. This is due to the loss of State VLF. License and Permits includes business license, building permit, and several other building and planning related fees. Overall this revenue category will miss budget by $16,781 or 2%. The Town is still experiencing weak building activity which affects this revenue category. Charges for Services includes Plan Checking, Residential Building Reports, Department Cost Recovery and several other less significant revenue sources. Overall, this category is anticipated to exceed budget by $11,750 or 4.1 This increase is a net of reduced plan checking revenue and increased cost recovery revenue. Other Revenue includes rents and miscellaneous reimbursements. This source is projected to exceed budget by $10,318 or 11.2%. Use of Other Fund Sources: At the time the FY 2011-12 budget was adopted~the State's budget was still outstanding, and Staff was of the opinion that Citizen's Option for Police Services (COPS) revenue would not be forthcoming. This had been an annual $100,000 restricted fund operating revenue source for the past several years. Staff had suggested to backfill this potential revenue loss using $83,838 in Gas Tax and Street Impact funds. As indicated on Schedule 2, the Town will not be using these revenue sources as appropriated. However, Staff is recommending that the Town Council approve a budget amendment in the same amount as operating revenue from the COPS fund. The budget amendment allows the Town to use the COPS funding as an operating source of revenue. This will increase the proposed operating surplus on June 30, 2012 by the same amount ($83,838), to $360,358. Operating Expenditures Operating expenditures are 48.4% of budget at mid-year and are running slightly less than the target of 50%. By year end, staff projects operating expenditures to be $93,608 less than budgeted, or 1.1 Half of this savings is due to the Town's Ca1PERS employer rate being reduced in January 2012 due to paying off the Town's side funds, which savings will be identified in a new Reserve line item in next year's budget. Also staff is anticipating savings in the supplies and maintenance budget of the Administration Building Division along with savings in Workers' Compensation Insurance. Department Heads have, once again, been requested by the Town Manager to bring expenses in under budget wherever possible. All expenditures are closely monitored by the Finance Department. Statement of Fund Resources Schedule 4 of the attached statement provides a statement of activity for each of the various Town General and Restricted funds. The Town's Policy Restricted General Fund Reserves began the year with $4,547,318 and is projected to end the year with $4,839,800, an increase of $292,482. The General Fund's Discretionary Set Aside Funds began the year with $7,149,463 and are projected to end the year with $3,565,375, a reduction of $3,584,088, or approximately 50%. This is due to the projected expenditure of $3.3 million in Capital Improvement Projects and the payoff of the Cal PERS side fund. The General Fund Discretionary Set Aside ending balance will be reduced by any additional funding resources above the $1,550,000 budgeted that will be needed to construct the Ned's Way Recreation Building. It is estimated that an additional appropriation of $600,000 - $850,000 will be needed for the project to proceed. This could mean an ending balance of $2.7 million. Summary Overall, the Town of Tiburon remains in very good financial health. We continue to have healthy General Fund Reserves, even as Council has allocated $3.34 million for capital projects. It is important to note that these reserves were built up during the financial boom of the mid-2000 when the Town was experiencing million dollar plus general fund operating surpluses every year. Staff anticipates significantly smaller surpluses for the foreseeable future. Staff remains cautiously optimistic for modest revenue growth in FY 2012-13. The Town should remain vigilant to insure that potential costs increases do not exceed revenue increases next year, and in to the future. The Town will benefit from prioritizing our Capital Projects as it relates to funding through the General Fund. The Town Council Budget Committee met with staff to review the mid-year report and its suggested changes have been incorporated into this report. Recommendation Staff recommends that the Town Council: Moved to accept and file the mid-year budget report and approve a budget amendment to reflect the receipt of $100,000 in COPS grant funding and expending $83,838. Exhibit: Financial Statements for the period ended December 31, 2011. Prepared By: Heidi Bigall, Director of Administrative Services SCHEDULE 2. REVENUES & SOURCES OF FUNDS General Fund Revenues Use of Other Fund Sources OPERATING BUDGET SUMMARY Period: July 1, 2011 to December 31, 2011 FY 2010-11 Compared to FY 2011-12 6,937,143 7,546,670 8.79% 6,949,003 7,215,753 3.84% 1,638,390 1,564,281 -4.52% 1,609,728 1,525,890 -5.21% Total Revenues 8,575,533 9,110,951 6.24% $ 8,558,731 $ 8,741,643 2.14% EXPENDITURES Town Administration 1,438,548 1,238,637 -13.90% 1,372,274 1,332,782 -2.88% Community Development 1,003,640 928,002 -7.54% 993,255 988,105 -0.52% Police Department 2,761,389 2,775,883 0.52% 2,838,596 2,805,196 -1.18% Public Works 1,268,189 1,238,535 -2.34% 1,264,939 1,259,373 -0.44% Legislative 39,500 32,099 -18.74% 39,300 39,300 0.00% Non-Departmental 2,064,215 1,917,799 -7.09% 2,050,367 2,040,367 -0.49% Total Expenditures 8,575,481 8,130,955 -5.18% $ 8,558,731 $ 8,465,123 -1.09% Total Operating Net 52 979,996 $ - $ 276,520 Page 1 of 6 SCHEDULE 1. OPERATING BUDGET SUMMARY Period: July 1, 2011 to December 31, 2011 REVENUES & SOURCES OF FUNDS General Fund Revenues 6,949,003 6,949,003 2,868,106 7,215,753 266,750 41.3% Use of Other Fund Sources 1,609,728 1,609,728 646,557 1,525,890 (83,838) 40.2% Total Revenues $ 8,558,731 $ 8,558,731 $ 3,514,663 $ 8,741,643 $ 182,912 41.1% EXPENDITURES Town Administration 1,372,274 1,372,274 634,067 1,332,782 39,492 46.2% Community Development 993,255 993,255 481,264 988,105 5,150 48.5% Police Department 2,838,596 2,838,596 1,360,744 2,805,196 33,400 47.9% Public Works 1,264,939 1,264,939 591,132 1,259,373 5,566 46.7% Legislative 39,300 39,300 15,431 39,300 - 39.3% Non-Departmental 2,050,367 2,050,367 1,061,172 2,040,367 10,000 51.8% Total Expenditures $ 8,558,731 $ 8,558,731 $ 4,143,810 $ 8,465,123 $ 93,608 48.4% Total Operating Net $ - $ - $ (629,147) $ 276,520 $ 276,520 Page 2 of 6 SCHEDULE 3. OVERVIEW OF OPERATING REVENUES & EXPENDITURES Period: July 1, 2011 to December 31, 2011 REVENUES & SOURCES OF FUNDS General Fund Revenues Property Taxes 4,062,353 1,602,245 4,115,153 52,800 39.4% Other Taxes 950,000 460,806 1,088,687 138,687 48.5% Franchises 525,000 125,727 594,616 69,616 23.9% Fines & Forfeitures 96,000 54,114 118,712 22,712 56.4% Investment Earnings 46,300 12,565 44,210 (2,090) 27.1% Intergovernmental & Agency 73,000 23,299 52,738 (20,262) 31.9% Licenses & Permits 820,250 343,345 803,469 (16,781) 41.9% Charges for Services 283,600 158,810 295,350 11,750 56.0% Other Revenues 92,500 87,195 102,818 10,318 94.3% Subtotal General 6,949,003 2,868,106 7,215,753 266,750 41.3% Use of Other Fund Sources Employee Comp Leave Reserve - - - Police SLESF/COPS Fund - - - - - Low/Moderate Housing Fund 24,725 18,768 24,725 - 75.9% Long Range Planning Fund 60,000 4,200 60,000 - 7.0% Town Owned Housing Fund 62,000 17,039 62,000 - 27.5% Peninsula Library JPA Fund 1,363,715 604,061 1,363,715 - 44.3% State Gas Tax 50,000 - - (50,000) 0.0% Street Impact Fund 33,838 - - (33,838) Cypress Hollow LLD 15,450 2,489 15,450 - 16.1% Subtotal Other Fund Sources 1,609,728 646,557 1,525,890 (83,838) 40.2% Total Revenues & Funds 8,558,731 3,514,663 8,741,643 $ 182,912 41.1 EXPENDITURES Town Administrative Services Administration 932,187 451,852 901,770 30,417 48.5% Legal Services 243,787 118,541 242,712 1,075 48.6% Town Hall Facility 196,300 63,674 188,300 8,000 32.4% Community Development Planning & Design Review 452,106 246,315 449,446 2,660 54.5% Building Inspection 481,149 234,949 478,659 2,490 48.8% Advanced Planning 60,000 4,200 60,000 - 7.0% Police Department Police Services 2,773,196 1,336,637 2,739,796 33,400 48.2% Police EOC/Facility 65,400 24,107 65,400 - 36.9% Public Works Page 3 of 6 SCHEDULE 3. OVERVIEW OF OPERATING REVENUES & EXPENDITURES Period: July 1, 2011 to December 31, 2011 Administration Streets Maintenance Parks Maintenance Street & Signal Light System Corporation Yard Legislative Council, Boards/Commissions Non Departmental 289,463 139,973 287,765 1,698 48.4% 468,210 218,649 465,837 2,373 46.7% 393,266 188,606 391,771 1,495 48.0% 37,400 11,411 37,400 - 30.5% 76,600 32,493 76,600 - 42.4% 39,300 15,431 39,300 - 39.3% Insurance & JPAs 599,927 421,524 589,927 10,000 70.3% Town-Owned Housing 62,000 17,309 62,000 - 27.9% Low-Moderate Income Housing 24,725 18,278 24,725 - 73.9% Belvedere-Tiburon Library Agency 1,363,715 604,061 1,363,715 - 44.3% Total Expenditures 8,558,731 4,148,010 8,465,123 93,608 48.5% OPERATING NET: - (633,347) 276,520 276,520 Page 4 of 6 w J Q V W Q Grp z w Q O N M N U U U Q O O N ti '.0 O U M O N M O M M r- N O ~z o% O l~ l~ O --~O t~ O 00 00 a1 M O ~t M M N M O O l~ ~D 00 O M v~ N O ' ^ 7 01 .--i Ile 00 O 0o M r- O~ O O vi 00 I~t C', O kn 00 M " M 00 A M M O N M N O ct m N 00 I • 00 N - t ~t ct "!T N N M 00 r as ~ O O 00 O O N O O O O O O 00 `p N O 00 O v) 00 O O O O O O 00 O tI~ O ~O ' O ' M • ~ O ' 0 0 ' 0 0 0 O ~O ~ kn O O 00 N O Q~ O O IT O a kf) 00 N O~ N O N O ti M (7\ 01 N O O O O O • O O O O O to lry O ~t O~ O ~t O O M O~ 00 tf) - O M • O O O O O O O O O O kn V1 O O O O O in • ' O ' 00 00 O ' O O O O 00 O O O O M O~ ~ tn M 00 00 0~ m 00 O O m O 00 m W) 0 0 kn a1 ~ ~ • ID r Z, M O M M v~ O ~ 1n ~ ~ O O N N N A M N O N M 00 M M N O O K ~C • 00 t~ ~O O ~O N .--i 00 00 O~ M O O M N 00 ~O M 0 0 O M O M N 0 0 I 7 O t~ a1 M ~ O 00 M \,D t - r- kr~ M O O ~i O O~ ~D M Vn I:t O ~ 00 ~ I `p M w O vn t- t- r- O~ • ^M M 00 M to N -d O O ~D N N in e4 a a G9 a~ y m LTa ~ ~ "'C3 ~ V5 U Q Q U U L a~ Q x c~ A "d y ;0.4 w 0.. 50. CA bA c ~ i CC ~ ~ Q p CC V W ~ ~ .796. C7Ur~wOcn~ C ric.a cn co L+- 0 LO O (a O o0 M d' 00 N ~n ~ v~ ~ d' M O O ~ O O N ~t V) kn M 00 ~ kn oo M I~ ' 00 N N -O d• M N ' ' 00 , O o0 ~D M N o0 O t- -~t N ~ M Mr-: N M oo M M O N M O o~ M 00 - O~ 00 N - M M M 00 C1 N N ~ • . r 6A 69 69 69 69 bs 69 64 69 69 6A 69 EA 69 69 69 64 bq 69 69 64 69 69 69 69 ' O O O ~n O O ll~ 11-1 /--l N N O 77 0 0 0 0 0 0 kn O 77 v~ ~n O O N to O I~ C*) O 0 0 0 0 0 0 - O 01 ' to O 00 t- ' O ' ' ~D O~ O ' O O O O M oo ' ~p O kn ----M 00 O N to O 00 N r. S O N --O N N ~O ^O N N O 00 • . f O . p 1 1 I 1 1 1 I 1 1 I 1 1 I 1 I 1 1 p 1 N . N w w O O N N O O O ~n O O O t- (71\ O O O 00 O ~ w I 1 1 1 I I O p ' O O 1 1 1 1 1 M p kn l~ r "t r O v-) kr O - 00 N N M -O N Vn 00 kr) • e kn O O kn O O kf) O N O O~ p 1 1 1 1 w • 1 1 1 1 1 I p 1 1 I 1 1 00 M ~n N d' O ~ ~O N ~ N M ~n w • w ~n O O O O O O O O O O O O O 0 0 0 0 (n O O O O O O O O l~ O O M O r ' O O ' ' O O O M 00 ' O ' 00 M~ O M 00 N N kr~ O ~O O~ O kn \Ip M N 00 M N M N r ~ O 00 ~ DO ~ 00 a1 N In N N N tI') ~ ~f M O O O~ O V~ ~ • O~ V7 00 00 M N ~n -tt r- a, - kf) O ~C v) 00 M tl. ~o ' N t~ rn M a1 M N o~ 00 d• O 00 "o M O~, O O - - N00akr^~ r- N000o -~O~O~Na1O N M ~O M ~ ^ O~ N ~ N M ~O N l~ ~O l~ - • 69 64 64 64 69 ° Z o ° on on • ° 2 142 ° rte, o a a• -v r- bb ct C~ o o a~ 3 E 0. V ono c F~ 3 o a ° o o t x o o o -a d rs, . a~ y U o ~ = on o on a~ an s a~ -rs r-- a o o cd c~ ' F- o a~ ° O o o o CIS M a O d o c o o o c r- C,3 OmUx~JOa,n.a,a.cnv~v~Uv~E-HE--E= E==F=F=D 4- O D) m ^ CL To: From: Mayor and Members of the Town Council Town Attorney Town Council Meeting February 15, 2012 Agenda Item: CC `3 Subject: Recommendation to Designate the Town Manager and Director of Administrative Services as Representatives regarding Town Employee Compensation and Benefits Reviewed By BACKGROUND As the end of the fiscal year approaches and Town Staff and the Budget Committee approach planning the Town's budget for fiscal year 2012-2013, it is time to review current compensation packages. Many Town employees are represented by unions, either the Tiburon Police Officers Association or the Service Employees International Union. The remaining employees are unrepresented. I recommend that the Council appoint representatives to meet with union representatives and unrepresented employees to discuss potential changes to the Town's compensation and benefit packages. The California Brown Act allows the Council to provide direction to its representatives in closed session after it has appointed them in open session. RECOMMENDATION Staff recommends that the Town Council: Appoint Town Manager Margaret Curran and Administrative Services Director Heidi Bigall as its representatives in negotiating compensation packages for all employees. Prepared By: Ann R. Danforth, Town Attorney TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting February 15, 2012 Agenda Item: A-T- t Subject: Consider Reappointment of Board and Commission members whose terms ex t the end of February, 2012 Reviewed By:' BACKGROUND At the first Council meeting of the year, Mayor Fraser announced current and pending vacancies on Town boards, commissions and committees in the coming year, pursuant to Town Council Resolution No. 16-2007 (Appointments Procedure). The vacancies are more fully described in the Notice of Current & Pending Vacancies on Boards & Commissions published in the Ark on January 25 and February 1, 2012. The Town Clerk notified all the board and commission members whose terms expire at the end of February, 2012 and asked whether they would be interested in seeking reappointment. With the exception of Jt. Recreation member Tina Warren, who submitted a letter declining reappointment, the remaining board members and commissioners have notified the Town Clerk of their interest in being reappointed to their respective boards and commissions. While the Council is required to interview any new applicants for these positions, as of the date of this report, there have been no new applicants for any of the positions listed. The following board and commission terms expire at end of February 2012: • Planning Commission - Lou Weller; • Design Review Board - Bryan Chong and Michael Tollini; • Parks, Open Space & Trails (POST) - Phillip Feldman and Michael McMullen; • Jt. Recreation Committee - Tina Warren According to Town policy, Commissioners who have less served less than two years are eligible for automatic reappointment, and the Council is not required to interview any new applicants for such vacancies. Mr. Weller, who was appointed in June 2011, is eligible for automatic reappointment under Town policy. Town staff will continue to advertise to fill current vacancies on other boards and commissions (Heritage & Arts Commission and the Building Code Appeals Board). Staff will also advertise in the near future for vacancies set to occur later in the year (Library Agency and Artist Laureate). For now. the Council must only take action on the positions for the terms set to expire in February. RECOMMENDATION Staff recommends that the Town Council: Consider reappointment of the board and commission members whose terms expire at the end of February 2012; or 2. Direct staff to continue to seek applicants for these positions. Exhibits: 1) Notice of Pending Vacancies on Town Boards, Commissions & Committees - January 2012 2) Letters from Board and Commission members seeking reappointment Prepared By: Diane Crane Iacopi, Town Clerk NOTICE OF CURRENT & PENDING VACANCIES On Town Boards, Commissions & Committees January 2012 PLANNING COMMISSION DESIGN REVIEW BOARD HERITAGE & ARTS COMMISSION PARKS, OPEN SPACE & TRAILS COMMISSION BELVEDERE-TIBURON JOINT RECREATION COMMITTEE LIBRARY AGENCY BOARD OF DIRECTORS TIBURON ARTIST LAUREATE The following vacancies on Town Boards, Commissions and Committees are current or pending in 2012. Pursuant to Resolution No. 16-2007, the Tiburon Town Council will conduct interviews of interested applicants beginning in January 2012. Current commissioners whose terms are expiring may seek re-appointment for another term; commissioners who have served terms of less than two years are eligible for automatic re- appointment. Most Town appointments are made for four-year terms, effective March 1. Other terms are stated in the agency's by-laws, for instance, the Belvedere-Tiburon Library Agency terms are for three years and expire at the end of June. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the board or commission, including attendance at regular monthly meetings and other activities. Some commissions, such as Heritage & Arts, and Parks, Open Space & Trails, are comprised of residents of both Tiburon and Belvedere, or the Tiburon Peninsula. Applications can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, www. ci. tiburon. ca. us (click on "Useful Forms"). You may also contact Town Clerk Diane Crane Iacopi at dcrane(aci.tiburon.ca.us (tel: 435-7377) for more information. TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES ON BOARDS, COMMISSIONS & COMMITTEES JANUARY 2012 PLANNING COMMISSION Appointee Appointed Term Expires • Frank Doyle January 2010/ Apptd. to Town Council in 2011 2/28/14 • Lou Weller June 2011 2/29/12* DESIGN REVIEW BOARD Appointee Appointed Term Expires • Bryan Chong March 2008 2/29/12 • Michael Tollini June 2008 2/29/12 HERITAGE & ARTS COMMISSION Appointee Appointed Term Expires • Patricia Navone Oct. 2002/ resigned Sept. 2011 2/29/12 • Anne Thull March 2008/ resigned Nov. 2011 2/28/13 PARKS, OPEN SPACE & TRAILS (POST) COMMISSION Appointee Appointed Term Expires • Michael McMullen June 2008 2/29/12 • Phillip Feldman June 2008 2/29/12 BELVEDERE-TIBURON JOINT RECREATION COMMITTEE Appointee Appointed Term Expires • Tina Warren May 2010 2/29/12* BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires • Lois Epstein May 2006; 2009 6/30/12 TOWN ARTIST LAUREATE Appointee Appointed Term Expires • Mary Musalo August 2008 August 2012 *Eligible for automatic reappointment pursuant to Town Council Resolution No. 16-2007. Courtesy Copies to: The Ark (for publication on January 25 & February 1, 2012) The Marin Independent Journal Notice Posted at Tiburon Town Hall and Belvedere/Tiburon Library Page 1 of 1 Diane Crane lacopi From: Weller, Lou (US - San Francisco) [Iweller@deloitte.com] Sent: Tuesday, January 31, 2012 5:31 PM To: Diane Crane lacopi Subject: Planning Commission Reappointment Diane: FEB -1 2012 TOWN CLERK TOWN OF TIBURON I received your letter of January 30 and confirm that I wish to be considered for reappointment to the Planning Commission for a full four-year term. I have enjoyed my tenure so far and look forward to being in a position to provide further service to the Tiburon community. Should you or any of the members of the Town Council have any questions, feel free to contact me. At Louis S. Weller Principal National Director, Real Estate Transaction Planning Deloitte Tax LLP NOTE NEW ADDRESS: 555 Mission Street San Francisco, CA 94105 9 Phone: 415-783-4459 Fax: 415-783-9029 Email: Iweller@deloitte.com www.deloitte.com Deloitte. 2/1/2012 Diane Crane laco From: Michael Tollini [mike.tollini@gmail.com] u L_J ° V La Sent: Wednesday, February 01, 2012 6:04 PM To: Diane Crane lacopi F EB 2 2012 Subject: DRB - pending term expiration TOWN CLERK TOWN OF TIBURON Hi Diane, I received your letter regarding the pending expiration of my term on the DRB. Time sure has flown by! I am interested in seeking appointment to another four-year term. I have greatly enjoyed my time on DRB, and I would like to continue to serve the town in that capacity for another four years. Please do not hesitate to contact me if you need any further information from me. Thanks, Mike PS - I promise you will receive my form 700 in the very near future. I Page 1 of 1 Diane Crane lacopi From: Bryan Chong [bchong@internap.com] Sent: Monday, February 06, 2012 3:15 PM To: Diane Crane lacopi Subject: RE: Greetings! Y ~ 0 r ..J -6.0,1 TOVVN CLERK TOWN OF TIBURON Hi Diane, On the baby front, we're inside of 2 weeks now and getting very excited. We'll send out an announcement after the big day. On the DRB front, I received your letter and if the town will have me, then I'd love to do another term on the board. -Bryan Bryan Chong I Vice President - Global Strategic Channels Phone 415.789.9009 - Mobile 415.377.3867 bchong@intemap.com - www.intemgp.com INTERNAP connectivity colocation I managed hosting cloud 2151 Mission College Blvd. - Santa Clara - CA - 95054 From: Diane Crane Iacopi [mailto:DCrane@ci.tiburon.ca.us] Sent: Monday, February 06, 2012 3:05 PM To: Bryan Chong Subject: Greetings! Hi, Bryan, Hope you are well. And perhaps you will let us know when there is "baby news?" We love babies around here! On official business, I was wondering if you received my letter about your DRB term expiration at the end of February. I'll be submitting a report to the Council later this week informing them of who is interested in continuing on on all the commissions. No pressure, but I will need to know fairly soon, if you don't mind. Call me if you have any questions. Best, Diane Crane Iacopi Tiburon Town Clerk 435-7377 2/6/2012 Philip B. Feldman 562 Tenaya Drive Tiburon, California 94920 January 31, 2012 VIA E-MAIL AND U.S. MAIL Diane Crane lacopi Town Clerk, Town of Tiburon 1505 Tiburon Blvd. Tiburon, CA 94920 Re: POST Commission Dear Ms. lacopi, E C k U E D FEB 2 2011 TOWN CLERK TOWN OF TIBURON Thank you for your letter of January 30, 2012 regarding my interest in seeking appointment for another term on the POST Commission. I would be honored to serve another term if the Town Council determines that my continued service would be of benefit to the Town. I want to express my appreciation for the opportunity to serve on the initial POST Commission. I have enjoyed my service, and feel that we have effectively carried out all that has been asked of the Commission. I hope we have fulfilled the vision of the Town Council in establishing POST. I particularly commend our Chair, Peter Winkler who has been masterful in leading our meetings, and in handling the occasional differences of opinion that have been expressed during our public hearings. I also appreciate my fellow Commissioners who have been thoughtful, earnest and collegial. And, finally, I am grateful to Nick Nguyen who is always thoroughly prepared, professional and courteous. While I would most definitely be pleased to continue participating on the POST Commission, I would not want to deprive other worthy citizens of the opportunity to serve our community. I would also be willing to consider serving the Town in a different appointed capacity that might be of benefit. However, my continued service for an additional term on POST would be my strong preference. Very truly yours, Philip B. Feldman cc: Margaret Curran Nicholas Nguyen 10131.001.1966665v1 Diane Crane laco From: Mike McMullen [mike@rocfin.com] D Sent: Saturday, February 04, 2012 9:42 AM To: Diane Crane lacopi F d: i 2012 Subject: POST Commission TOWN CLERK TOWN OF TIBURON Hi Diane, I received your letter regarding the term expiration of my POST Commission appointment. Please let the Town Council know that I am interested in seeking appointment for another term. Let me know if you need any additional information. Regards, Mike Michael McMullen 415.652.8061 mike@rocfin.com 1 Diane Crane lacopi From: Diane Crane lacopi Sent: Monday, February 06, 2012 10:53 AM To: 'Tina Warren' Cc: (Belvedere Jt. Recs.) Director; Jennifer Ringewald Subject: RE: Pending term expiration - Jt. Recreation Committee Tina, thank you for your thoughtful letter ...we appreciate your service and value your contribution. I will pass your comments on to our Council. Best Regards, Diane Crane Iacopi 1 L'~ U Tiburon Town Clerk ~J L012 -----Original Message----- TOWN CLERK From: Tina Warren [mailto : tina@warrenhome . com] TOWN OF TIBURON Sent: Monday, February 06, 2012 10:33 AM To: Diane Crane Iacopi Cc: (Belvedere Jt. Recs.) Director; Jennifer Ringewald Subject: Pending term expiration - Jt. Recreation Committee Dear Ms. Iacopi, Thank you for your letter of inquiry dated January 30, 2012 regarding re-appointment to the Joint Recreation Committee. After much consideration and discussion with my family, I have decided to not seek reappointment to the Committee. I have spoken with Cathleen Andreucci about my decision and have assured her that my reason for doing so is strictly personal and in no way should be considered related to my relationships with the Committee membership or the work we have been tasked with. There is simply too much going on with family members immediate and extended for me to continue to devote any discretionary time to the Committee at a time where soon I hope we will be ramping up efforts to promote and implement the programs envisioned for the new Recreation Center. I have assured Cathleen also, that while I will not continue service as a Committee Member, I remain one of Recreation's biggest fans and that, when my personal situation improves, I am both happy and willing to help out when needed to support Recreation's efforts. I have enjoyed working with the Committee immensely, and thank the Town of Tiburon for appointing me to this important work. My only regret is not being able to do it all and more importantly, do it all well at this time. Sincerely, Tina Warren Tina Warren (415) 845-5422 Sent from my iPad 1 To: From: Subject: Reviewed By: BACKGROUND TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Clerk Town Council Meeting February15, 2012 Agenda Item: _ Appointment to fill one vacancy on the Building Code Appeals Board 70~~ In July of last year, the Town Council adopted Resolution No. 34-2011 establishing the Building Code Appeals Board (BLAB) as an official standing body of the Town of Tiburon. Consisting of five regular members and two alternate members, the primary duty of the BCAB is to act as the appeals board for decisions and interpretations of the Building Official regarding non- administrative provisions of the Town's adopted building codes. It is anticipated that the board will most likely meet no more than once or twice a year. Since creation of the board, there has been interest expressed by several contractors and engineers to serve on BLAB. To date, the Town Clerk has received only one application from a contractor (Mark Swanson) and the Council is scheduled to interview him at its meeting tonight. The Building Official continues to seek interested applicants, and last month ran an article in the Town's newsletter, Tiburon Talk. The Town Clerk will also continue to advertise the opportunity to serve in The Ark. RECOMMENDATION Staff recommends that the Town Council: 1. Interview the first applicant for the Building Code Appeals Board and consider making an appointment to fill one of the vacancies on the Board, and 2. Direct staff to continue advertising for the remaining positions. Exhibits: Application of Mark Swanson Article from January 27, 2012 Tiburon Talk Resolution No. 34-2011 Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON COMMISSION BOARD & COMMITTEE RECEIVED OCT 20 2011 APPLICATION TOWN OF TIBURON BUI! O1NGDIVISION The Town Council considers appointments to various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In an effort to broaden participation by local residents in Tiburon's' governmental process and activities, the Council needs to know your interest in` serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing both sides of this form and returning it to Town Hall. The application form can also be found on the Town's website, www Ltiburon.ca.us. Copies of the application will be forwarded to the Town Council and an informal interview will be scheduled when a vacancy occurs. Your application will remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. 2 ~ G~l Diane Crane Iacopi Town Clerk AREAS OF INTEREST Please Indicate Your Area(s) of Interest in Numerical Order (#1 Being the Greatest Interest) PLANNING PARKS, OPEN SPACE & TRAILS DESIGN REVIEW JT. RECREATION COMMITTEE: HERITAGE & ARTS -DISASTER PREPAREDNESS LIBRARY MARIN COMMISSION ON AGING PERSONAL DATA (PLEASE PRINT OR TYPE A, RESUME MAY BE ATTACHED AS WELL) NAME: 1AAY-k _ q-,S a MAILING ADDRESS Lzarcn --~4-4vzn : ~'-26 T~ V Home: 435.4 140 Work:4 ?S 4qqtl Fax No. 14? 5. f 11~ ~ I PROPERTY OWNERS' ASSOC. (If applicable) TIBURON RESIDENT: (Years) Ct"O DATE SUBMITTED: 1O-q-0 - REASONS FOR 5'ELEC:TING YOUR AREAS OF INTEREST AND EXPERIENVE -----~-7 all Use Date Application R 0eiMT 2_n 7 j 11 Interview Date: TOWN CLERK (Date) Appointed to: TOWN OF TIBUReN Date Term Expires: Length of Term: 2 Mark Swanson Project Manager / Client Representative JAMBA CONSTRUCTION (415) 435-4481 phone (415) 435-4491 fax General Building Contractors - General Engineering Contractors Curriculum Vitae Project Manager / Client Representative Residential, retail and commercial construction and project management for new and remodel; construction consultation and guidance for various types of building and engineer including residential, commercial, schools, tenant improvements, municipal and public works projects. Prime and Subcontractor contract negotiations, course of construction management, payment approval and disbursement, quality control, final occupancy punch list management, project close out. Representation of project Owner's during pre construction, course of construction and completion of construction Expert Witness / Consulting Site evaluation, product evaluation, analysis of defects, poor workmanship, assessment of building charges, fees, costs and estimates, built per plans verifications, analysis of improper application, proper installation, product defect or liability; all types of construction related claim analysis; expert Witness and Consultant relating to existing buildings and interior/exterior building components and site work including excavation, erosion, grading, foundation and waterproofing Mark Swanson, President, has more than 23 years hands on experience in new and remodel construction and various types of site work. Mark is a licensed building contractor in the State of California and holds a General Building (B) and a General Engineering (A) and Glazing (C17) contractor's license. Mark has experience managing numerous construction projects with a value ranging between $500,000 and $6,000,000. Mark has been called upon by Project Owners, Subcontractors, Suppliers, Attorneys, Architects and Engineers to represent their interests during the course of construction, to participate in the dispute resolution process, and to provide information regarding work in progress, completed work and workmanship, estimates and solutions to existing and potential construction related problems. Mark has also participated in numerous mediation and pre-litigation meetings and procedures. Divisions Services are provided in two capacities: Mark Swanson's main focus is to provide exceptional services in the capacity of an Owners representative. This work includes providing information regarding work in progress, completed work and workmanship, estimates and solutions to existing and potential construction related problems, scheduling management, liaison between local government authorities, contractors, suppliers and Owner's, and other construction related consulting. When necessary, Mark is prepared to provide expert and construction defect consulting services and participation in the dispute resolution process Jamba Construction Inc., California License #897278 (Jamba) is a full service residential construction and general engineering firm specializing in various types of custom home building and engineering work including excavation, drainage, grading, foundation, site work, framing and custom finish work. Summary, Experience and Qualifications Mark Swanson has twenty four years of building experience and has been licensed in the State of California for fourteen years. Mark has experience working on a variety of local, national and overseas projects in the high-end residential, commercial, public works, and retail fields. Aside from extensive hands on experience, Mark also has the following educational experience and professional licensing: • BA Economics - Rutgers University, 1991 • Construction Estimating Certificate - San Francisco State University, 1997 • Masters in Urban and Regional Planning - San Jose State University, 2001 • California Licensed Building, Engineering and Glazing Contractor #870780, #897278 • California Real Estate License #1785781 • Participation in numerous mediation, ADR and construction defect claims cases, 1997 to present Comments Available for statewide Owner representation, consulting, expert witness assignments, site inspections and evaluations, cost analysis, and project repair/completion. Professional inspections, analysis, reports, cost analysis, depositions, and dispute resolution services. Management skills, information and analysis provided by Mark Swanson has been influential and beneficial to the clients he has been asked to support, and has lead to the successful completion of many projects (in different phases of completion). Mark is dependable, reliable, has a professional conduct and appearance, and is able to clearly communicate information in person, or in written form. Mark has been successful in managing the completion of many ""in progress" projects that were abandoned, distressed or otherwise in jeopardy of imminent failure. Contact Mark Swanson can be reached at (415) 342-0096 cell or either msconstructionconsulting )gmail.com or marO)Jambaconstruction. corn for immediate assistance. Address: Mark Swanson, 1550 Tiburon Blvd. #222, Tiburon, CA 94920 v iz Building Code Corner: Experts Needed Building Code Appeals Board The Town Council recently approved Resolution 34-2011 establishing the Tiburon Building Code Appeals Board (BCAB) as an official standing body of the Town of Tiburon. The purpose of the BCAB is to offer residents an alternative venue to appeal a decision or interpretation made by the Building Official regarding the application or enforcement of a specific requirement as contained in the Town's adopted building codes. The Board can only render decisions related to the technical requirements of the codes and cannot address administrative concerns such as fees or other permitting requirements. The duties of the BCAP are: (a) to act as the appeals board from decisions and interpretations of the Building Official regarding non-administrative provisions of the Town's adopted building codes (b) to render decisions on appeals and other decisions in writing to the Building Official with a duplicate copy to appellant and (c) to adopt such reasonable rules and regulations as it may deem necessary for the conduct of its duties. The BCAB will consist of five regular members and two alternates who, except for the initial members, will serve terms of five years each. Because BCAB members will be required to rule upon technical matters pertaining to building construction and design, as well as electrical, plumbing, and mechanical systems, they must have verifiable qualifications based on their experiences and training. To this end, it highly desirous that the Board be comprised of at least one member who is a registered design professional, such as an architect, a building contractor or superintendent with at least ten years of experience, five of which are in responsible charge of work; one member who is a registered design professional with structural engineering experience; one member with at least ten years of mechanical or plumbing experience as a contractor, superintendent, or design professional; one member with at least ten years as either an electrical contractor or engineer; and one member who is a registered design professional with energy code and/or green building code compliance experience or a licensed roofing contractor with at least ten years of experience. The alternates should be similarly qualified. Tiburon residency is not required. The Town is now actively recruiting for individuals to serve on the SCAB, and this is an excellent opportunity for those who would like to volunteer their services in a way that benefits the community while also enhancing their own professional skills and qualifications. And because it is only anticipated to meet a few times per year, the BCAB will not require members to sacrifice very much of their spare time. Please contact the Tiburon Building Division or the Town Clerk for more information on how you, or someone you may know of, can participate in this vital civic function. Fred Lustenberger Tiburon Building Official RESOLUTION NO. 34-2011 A RESOLUTION OF THE TOWN COUNCIL RESCINDING RESOLUTION NO. 31-20011 AND ADOPTING A CORRECTED RESOLUTION ESTABLISHING THE TIBURON BUILDING CODE APPEALS BOARD AS AN OFFICIAL STANDING BODY OF THE TOWN OF TIBURON WHEREAS, on June 15, 2011, the Town Council adopted Resolution No. 31- 2011 creating a Building Code Appeals Board; and WHEREAS, the draft resolution sent to the Town Council and adopted as Resolution No. 31-2011 was an incorrect earlier version that had subsequently been modified by staff to replace a member qualified to rule on fire protection engineering issues with a member qualified to rule on technical aspects of energy code and/or green building code issues or on roofing issues; and WHEREAS, the Town desires to correct this error by rescinding Resolution No. 31-2011 and adopted the correct version of the Resolution. NOW, THEREFORE, BE IT RESOLVED that the Town Council does hereby rescind Resolution No. 31, 2011, adopted on June 15, 2011. BE IT FURTHER RESOLVED that pursuant to Title I, Chapter 2, Article VI of the Tiburon Municipal Code, the Town Council does hereby establish the Tiburon Building Code Appeals Board (BCAB) as an official standing body of the Town of Tiburon and sets forth its duties and qualifications, procedures for appointment and removal, tenure, and other such information as necessary for its proper appointment and functioning, as follows: 1. Duties. The duties of the BCAB are set forth below: (a) To act as the appeals board from decisions and interpretations of the Building Official regarding non-administrative provisions of the Town's adopted building codes. (b) To render decisions on appeals and other decisions in writing to the Building Official with a duplicate copy to the appellant. (c) To adopt such reasonable rules and regulations as it may deem necessary for the conduct of its duties. 2. Membership. The BCAB shall be comprised of: (a) Five (5) regular members. (b) Two (2) alternate members, who shall be called by the Chairman to hear appeals or serve at meetings during the absence or disqualification of any regular member. Alternate members shall possess the qualifications for BCAB membership. (c) The Building Official shall act as secretary and staff support to the BCAB, but is not a member and shall have no vote on any matter before the BLAB. Tiburon Town Council Resolution No. 34-2011 Adopted 71612011 3. Terms. The term of office of members shall be five (5) years, except that to promote continuity of experience, the initial. appointments shall be staggered terms as follows: a. Two (2) members shall be appointed to terms that expire on the last day of February, 2013; b. One (1) member shall be appointed to a term that expires on the last day of February, 2014; c. Two (2) members shall be appointed to terms that expire on the last day of February, 2015. All subsequent appointments shall be for terms of five (5) years, except that appointments to fill a vacancy where there is an unexpired term shall be for the balance of the unexpired term only. Alternate members shall be appointed for five (5) years or until a successor has been appointed. 4. Qualifications. (a) By experience and training, as verified by the Building Official prior to appointment, BCAB members shall be qualified to rule upon matters pertaining to building construction; including building design, construction, and installation of building, electrical, plumbing, and mechanical systems, equipment and techniques. The following are recommended as guidelines for membership only: i. One member shall be a registered design professional with architectural experience or a builder or superintendent of building construction with at least ten years' experience, five of which shall have been in responsible charge of work. ii. One member shall be a registered design professional with structural engineering experience. iii. One member shall be a registered design professional with mechanical and plumbing engineering experience or a mechanical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. iv. One shall be a registered design professional with electrical engineering experience or an electrical contractor with at least ten years' experience, five of which shall have been in responsible charge of work. v. One member shall be a registered design professional with energy code and/or green building code compliance experience or a licensed roofing contractor with at least ten years' experience, five of which shall have been in responsible charge of work. (b) Tiburon residency is not a requirement. 5. Appointment and Removal of Members. Members shall be appointed by the affirmative vote of a majority of the Town Council, and may be removed by the affirmative vote of a majority of the Town Council. The Mayor shall appoint a Chairman and a Vice-Chairman. The Chairman shall preside over the meetings. Tiburon Town Council Resolution No. 34-2011 Adopted 71612011 2 The Vice-Chairman shall assume the duties of the Chairman in the absence of the Chairman. 6. Procedures. (a) Any person making an appeal must file a completed Town of Tiburon Notice of Appeal form with the Town Clerk within twenty (20) days after the notice of decision or interpretation was served. The appeal filing fee is $250. (b) The BCAB shall adopt and make available to the public through the secretary procedures under which a hearing will be conducted. The procedure shall not require compliance with the strict rules of evidence, but shall mandate that only relevant information be received. (c) The BCAB shall hear written appeals and make any necessary determinations or interpretations as soon as reasonably practical. It may affirm, overrule, or modify rulings or interpretations of the Building Official, and its decisions shall be final. Decisions shall be by a majority vote of those voting. , (d) Unless at least one member of the BCAB is qualified by experience and/or training to rule on a particular matter presented to it, the Board shall not decide the question until it has consulted with and been advised by a disinterested individual who is qualified. (e) A member shall not hear an appeal or make a determination in which that member has a personal, professional, or financial interest. (f) The Building Official shall take immediate action in accordance with the decision of the BCAB. 7. Staffing. The Town Manager or a Town Manager-designated representative or representatives shall serve as staff to the BCAB. 8. Meetings. The BCAB shall meet as needed to hear and act on appeals or to make necessary determinations. Meetings are subject to State of California open meeting laws (i.e., the Brown Act) and shall be open to the public and notices of meetings shall be posted and distributed in accordance with state law. The appellant, appellant's representative, the Building Official and any persons whose interests may be affected shall be given an opportunity to be heard. a PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on July 6, 2011, by the following vote: AYES: COUNCILMEMBERS: Collins, Fraser, Fredericks, O'Donnell & Slavitz NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None JE LAV MAYOR TO )t.$ TIBUR N Tiburon Town Council Resolution No. 34-2011 Adopted 71612011 3 ATTEST: DIANE CRANE IACOPI, TOWN CLERK S:1AdministrationlTown CouncillResolutions1201IIBui!ding Codes Appeals Board Rescind and Revise,- Resolution 34-2011.doc Tiburon Town Council Resolution No. 34-2011 Adopted 71612011 4