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HomeMy WebLinkAboutTC Agd Pkt 2012-04-04TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon., CA 94920 AGENDA Tiburon Town Council April 4, 2012 Regular Meeting - 7:30 p.m. Closed Session - 6:00 p.m. Interview - 7:15 p.m. TIBURON TOWN COUNCIL CLOSED SESSION - (6:00 p.m.) CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Tiburon Police Association Employee Group: Unrepresented Employees Negotiators: Town Manager and Director of Administrative Services INTERVIEW - (7:15 p.m.) (Vacancies on Building Code Appeals Board) • David Kallmeyer, applicant 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 NATill 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 March 21, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Town Investment Summaries - Accept reports for January and February 2012 (Director of Administrative Services Bigall) 3. 14 Cecilia Court - Adopt resolution granting an appeal of Planning Commission decision to deny an application to amend the Tiburon Highlands Precise Plan to increase the maximum allowable floor area for the lot from 3,500 square feet to 3,584 square feet (Planning Manager Watrous) • Owners/Appellants: David and Dipanwita Reis • Applicant: Greg LeDoux & Associates, Inc. • Property Address: 14 Cecilia Court • Assessor's Parcel No. 034-360-30 4. Americans with Disabilities Act (ADA) Town Facility Improvements - Consider authorization of budget amendment to make additional ADA upgrades to Town Hall building (Director of Public Works /Town Engineer Nguyen) 5. Sign Permit Fee Waiver Request - Consider request for waiver of sign permit fee by Belvedere-Tiburon Landmarks Society to install informational sign at Old St. Hilary's Church (Planning Manager Watrous) ACTION ITEMS 1. Appointments to Town Boards, Commissions or Committees - Consider appointment to fill vacancy on the Building Code Appeals Board (Town Clerk Crane Iacopi) PUBLIC HEARINGS 1. General Plan Housing Element Text Amendment - Adopt text amendment to the recently-adopted Housing Element to correct an editing error (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS • Town Council Weekly Digest -March 23, 2012 • Town Council Weekly Digest -March 30, 2012 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to particip-te in this meeting, please contact the Town Clerk at (415) 435- 7377. Notificatior -41$ `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, wvvw.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. Cc-/ TOWN COUNCIL MINUTES CALL TO ORDER Mayor Fraser called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, March 21, 2012, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: PRESENT: EX OFFICIO: Collins, Doyle, Fraser, Fredericks, O'Donnell Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Police Captain Hutton, Town Clerk Crane Iacopi Prior to the regular meeting, the Council met in closed session, beginning at 6:30 p.m., to discuss the following: CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Bargaining Unit: Tiburon Police Association Employee Group: Unrepresented Employees Negotiators: Town Manager and Director of Administrative Services CLOSED SESSION ANNOUNCEMENT, IF ANY Mayor Fraser said that no action had been taken in closed session. ORAL COMMUNICATIONS Elizabeth Emerson, resident of San Rafael, spoke on behalf of the Marin Cancer Society's support of Proposition 29, the California Cancer Research Act. She said passage of this measure would raise the tobacco tax by $1 per pack and would save many lives by contributing to research and prevention programs. DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 1 She said that the Boards of Supervisors of Sacramento, San Francisco and Marin County had written letters endorsing this ballot measure, and the City of Novato had adopted a resolution in support. She asked that the Town Council consider similar action. Mayor Fraser thanked her for her presentation and asked her to provide information to Town staff. PRESENTATION • Introduction of new Police Officer - Amit Latchman Chief Cronin introduced the newest officer of the Tiburon Police Department. He said he had graduated from Rancho Cotati High School and Santa Rosa Community College. In addition, the Chief said Latchman had served four years on active duty in the United States Marin Corps, and four years as a reserve officer. He said that he had then gone on to pursue his dream of becoming a police officer and had graduated from the Santa Rosa Police Academy. Chief Cronin introduced Mr. Latchman's parents and sister who were in the audience. He said Amit looked forward to getting to know the members of the community and that he hoped the members of the community to come to known him by name, as well. Officer Latchman thanked the Council for the opportunity to work in Tiburon. CONSENT CALENDAR 1. Town Council Minutes - Adopt minutes of February 15, 2012 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt summary of March 2, 2012 Council-Staff Retreat (Town Manager Curran) 3. Town Council Minutes - Adopt minutes of March 7, 2012 regular meeting (Town Clerk Crane Iacopi) 4. 2011 Street Improvement Project - Accept project as complete and authorize filing of Notice of Completion (Director of Public Works/Town Engineer Nguyen) 5. Martha Company MOU - Approve extension of Memorandum of Understanding with Martha Company (Town Attorney Danforth) - continued from March 7 6. Sign Permit Approval at 1599 Tiburon Boulevard - Adopt resolutions a) denying the appeal by Appellants Against the CVS Beach Road Sign, and b) partially granting the appeal of Josh Eisenhut, Armstrong Development of a sign permit approval for the DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 2 installation of signs for a Drug Store and Pharmacy at 1599 Tiburon Boulevard, AP Nos. 058-171-89 and a portion of 058-171-88 (Planning Manager Watrous) Town Manager Curran said that Councilmember Fredericks had submitted some revisions to Item No. 2. Town Clerk Crane Iacopi noted that Councilmember Fredericks had also submitted revisions to Item No. 3 and that those revisions had been submitted to the Council. MOTION: To adopt Consent Calendar Item Nos. 1 through 6, as amended. Moved: Fredericks, seconded by Collins Vote: AYES: Unanimous ACTION ITEMS 1. Appointments to Town Boards, Commissions and Committees - Consider appointment to fill a vacancy on the Heritage & Arts Commission (Town Clerk Crane Iacopi) Town Clerk Crane Iacopi said that the Council had previously interviewed Daniel Amir for one of two openings on the commission; she said that two other applicants had subsequently withdrawn their interest for the second opening citing time constraints. She recommended that the Council move forward to fill one of the vacancies and direct staff to continue to advertise to fill the second vacancy. MOTION: To appoint Daniel Amir to the Heritage & Arts Commission. Moved: Fredericks, seconded by O'Donnell Vote: AYES: Unanimous 2. Annual General Plan Status Report - Consider acceptance of annual General Plan Implementation Status Report for Calendar Year 2011 (Director of Community Development Anderson) Planning Manager Anderson gave the report. Councilmember Fredericks said She had a question about the 7-year versus 8-year cycle that she would discuss further with the Planning Director off-line. There were no other Council comments. Mayor Fraser opened the discussion to public comment. There was none. MOTION: To accept the report and direct staff to file it with the appropriate State agencies. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous 3. Business License Tax - Consideration of current Fee Schedule for Home-based Business License fees (Director of Administrative Services Bigall/Town Manager Curran) DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 3 Director Bigall gave the report. She said that since 1966, the Town had charged all businesses located within the Town a business license tax based on gross receipts. At the March 2 Town Council/staff retreat, Bigall said that staff made a brief presentation on the Town's current business license tax fee schedule for home-based businesses which included comparisons of fees charged by other Marin agencies and some other agencies within the greater Bay Area. The Director said a discussion ensued as to whether the Town should be charging home-based businesses a business license tax in the same manner as "brick and mortar" businesses, or if the current fee schedule should be revised. She said it was suggested that the Town's current methodology for charging home-based business license taxes might be outdated and not adequately reflect the changing nature of business in our technological age. She said that staff was directed to place a continuation of this discussion on a regular Council meeting agenda for further consideration. Director Bigall said that in calendar year 2011, there were 147 home-based businesses in Tiburon that paid a combined total of $20,641 in business license taxes. She said that this equated to an average of $140 per business, or a median tax of $25. She noted that under State law, the Town Council could reduce taxes or eliminate them, if it chose to do so, but not raise taxes without a majority vote. She gave examples of what would happen if the tax was capped at a certain amount. She said that capping the business license tax at $100 per year for home-based businesses using 2011 data would result in a loss in revenue to the Town of $13,400; similarly, capping the tax at $500 would result in a revenue reduction of $6,200, using 2011 data. The Director said that staff agreed that home-based businesses were becoming increasingly commonplace in today's technological society. She said that a reduction in the current home- based business taxes might therefore represent even a greater loss in revenue to the Town in future. For this reason, Ms. Bigall said that staff recommended taking no action to change the current tax structure. Vice Mayor O'Donnell posed two questions of staff: 1) in addition to a tax based on gross receipts and a flat tax, were there methods used by public agencies; and 2) what method was used by the City of Belvedere? Planning Manager Watrous, who had collaborated on the report, said that Staff had researched 12 cities and discovered that there were a variety of methods utilized to compute business license taxes. He said that most were equated based on gross receipts, but that cities such as Newport Beach and Walnut Creek used the number of employees in a business and other factors. He said that Beverly Hills used billable hours (for professional service businesses) and others based their calculations on the number of professionals in the organization. In response to the Vice Mayor's second question, Ms. Bigall said that the City of Belvedere charged a flat business license tax of $160 per business per year. DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 4 Councilmember Fredericks commented that a change in the current structure might represent a small gain for some taxpayers but that it would inhibit the Town's abilities to raise revenues. She said she opposed a change in the tax structure at this time. Councilmember Collins said that to him, a change [downward] in the home-based business tax represented discrimination against people who rented office space in town, or carne to town to work. He said the loss of $21,000 in tax revenue was a large loss and would only increase as time went on. He, too, said he opposed a change in the current tax structure. Vice Mayor O'Donnell said that what was not mentioned in the report was that the Town had recently entered into an agreement with the State Franchise Tax Board to obtain infonnation about home-based businesses in Tiburon to determine if reporting by local home businesses was accurate. He said that this was in fact a change in the way the Town had done business in the past. O'Donnell said that government ought to be fair, and that increased powers to investigate might lead people to find loopholes to avoid paying this tax. He said that while he did not want to eliminate the tax, he thought it should be fair and equitable. For instance, he said that the business license tax should be more like a user fee for a toll road. He added that the way the Town calculated the business license tax was not efficient. He said he would like to see a flat business license fee like the one in Belvedere, and other cities. He said this would be a better system that did not force people to abuse it. Councilmember Doyle agreed. He said a flat tax would be a simpler, fairer way to go. Councilmember Fredericks that while a flat fee sounded simple, it would be detrimental to change the Town's structure because it was the one tax that the State could not take away from the Town. She said it was meant to be a revenue that could rise and fall with the economy. Fredericks said that the Town's tax rate [.0012] on gross receipts was not unfair. She said it made more sense to leave it as it stood and to maintain the Town's ability to raise revenue. Vice Mayor O'Donnell countered and said to him, it looked like the Town wastreating an income tax for people who worked out of their homes. He said that the way business was conducted now was dramatically different from the past. He said it was increasingly necessary to protect oneself by forming limited liability corporations, and the like. He said that home-based businesses served an important function in this way. Vice Mayor O'Donnell also commented that brick and mortar businesses created traffic and other impacts, and a portion of the current business license fee went to address this. Councilmember Fredericks said that legislatively, this fee was a revenue-generating anomaly and it was not a tax or fee on a place of business. DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 5 Mayor Fraser said that the Town's average fees, whether they were $15 or $25, seemed low and did not cover the cost of administering the program. He asked whether the Council wanted to explore the matter further. Town Manager Curran noted that Staff agreed with the assessment that the $15 minimum fee paid by many businesses was indeed low, and that it illustrated how fixed fees did not serve the Town well over time. Town Attorney Danforth noted that the current business tax is already a flat tax. She said that if the Town were to impose a $150 flat fee business license tax, for instance, it would raise the amount paid by a good number of the businesses in town. She said that this increase would have to be submitted to the voters for approval. Town Manager Curran cited a paragraph from the staff report that addressed this issue. Vice Mayor O'Donnell asked for clarification. He asked if she was saying that the Town could raise its fees but not its business license fee. Ms. Danforth replied that the fee was really a revenue tax under Proposition 62 and Proposition 218. O'Donnell said that this was not made clear to him in the report. Vice Mayor O'Donnell said he would like to hear further legal opinion of this position. Town Attorney Danforth reiterated that state law authorizes business license charges as taxes. Other types of charges, such as traffic and other impact fees and cost recovery fees, are authorized by different statutes and have different procedural requirements. As a tax, any increase or expansion of business license charges must be approved by the voters; the law does not require voter approval of most impact and cost recovery fees. MOTION: To accept Staff's recommendation for no change to the current method of calculating the Business License Tax for home-based businesses, at this time. Moved: Collins, seconded by Fredericks Vote: AYES: Collins, Fraser Fredericks NOES: Doyle, O'Donnell PUBLIC HEARINGS 1. 14 Cecilia Court - Appeal of Planning Commission denial of an application to amend the Tiburon Highlands Precise Plan to increase the maximum allowable floor area for the lot from 3,500 square feet to 3,884 square feet (Planning Manager Watrous) • Owners/Appellants: David and Dipanwita Reis • Applicant: Greg LeDoux & Associates, Inc. • Property Address: 14 Cecilia Court • Assessor's Parcel No. 034-360-30 DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 6 Planning Manager Watrous gave the report and reviewed the grounds of the appeal. He said that in conclusion, the Planning Commission had made its decision on principle; he said that the Town Council could review the matter and decide, based on policy, what it wanted to do. Vice Mayor O'Donnell asked whether the current property floor area was under the 3,500 square foot maximum. He also asked for a breakdown of the two specific areas of the house the applicant/appellant wanted to enlarge, and whether, if the applicant had to choose [just] one, would one or the other be under the FAR maximum. Planning Manager said that as built, the house was currently 3,527 square feet. Mayor Fraser said that in reviewing an application, the Council often considered issues of privacy, drainage, soil stability and other things that might impact surrounding properties. He asked whether any of these issues were at issue in this appeal. Planning Manager Watrous said there were not, that the location of the proposed additions should not have any impacts on any of the surrounding neighbors, nor would they be visible to the neighbors. Councilmember Collins asked whether the CCRs of this subdivision made reference to the Precise Plan. Planning Manager said that he did not know whether the PP was referenced; he said there might be a reference in the Development Agreement. Councilmember Fredericks said that there was a concern about amending the Precise Plan and whether it would create a precedent for others in the development to seek changes to the PP. She said that it would be hard to know what changes could be made to nooks and crannies; that is why a PP was in place. For instance, she asked if there was a possibility of upper stories being expanded through the use of "pop-outs" and the like, which would be hard to measure as mass and bulk. Planning Manager Watrous said that pop-outs would have the same requirements as any other addition. Fredericks asked if there were restrictions on pop-outs. Watrous said that there were other limitations on where they might be located, but that not knowing the individual floor plans or the homes, and given the theoretical nature of the question, he said some might be invisible but others might have to go through the Design Review Board process, if the house was at its maximum FAR. Fredericks asked if this would be so, even if it [pop-out] was all within the footprint of the house. Watrous said that the garage addition (in this application) was already contained within the bulk of the building. He said that perhaps limiting additions to the "footprint" of the house might prevent the addition of pop-outs. Councilmember Fredericks said that the series of requests for additional square footage in Cypress Hollow had led the Council to close the door on applications exceeding FAR in that DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 7 subdivision. The Planning Manager concurred, adding that the method used by the Council in the Cypress Hollow subdivision was that an addition could not exceed the default FAR of its lot size. Mayor Fraser asked what constituted precedent. Town Attorney Danforth said that it meant different things in different contexts. She said that in the legal context, courts are bound by the decisions of other courts, but the is rarely true of Council decisions. The Council cannot act arbitrarily, but can consider development on a case some cases the Council is bound by its previous decisions but that in others, it was legitimate to come to different conclusions. She said in this instance, the meaning was more political than legal in nature. Councilmember Collins asked if the Council were to grant the appeal would it be a breach of the Development Agreement. Attorney Danforth noted that the agreement usually terminated at some point. Planning Manager Watrous said that this agreement had expired in 1995. Mayor Fraser opened the public hearing to the appellants. Applicant/Appellant David Reis and his wife Dipanwita carne to the podium. Mr. Reis thanked the staff for its thorough report and described the additions he and his wife had had wanted to make to accommodate their growing family. He said they wanted to wall off a garage stall for a guest room, and enclose a courtyard to enlarge the area between the living room and family room. He noted that they had rented the house for a couple of years before buying it, and that the guest room in the garage was already in existence but had to be removed in order to complete the sale. Mr. Reis said that the garage addition was contained within the internal space of the house; he said the location of the other addition already had a half wall that stuck out a foot which they would make flush with the house if it were enclosed. Mr. Reis addressed the concerns raised by the neighbors and acknowledged that the intent of the PP was to reduce the size of the newer homes "looming over" the homes on Reed Ranch Road. He said that the proposed project was not inconsistent with that purpose and that the neighbors on Reed Ranch could not even see the house. He added that there were no issues with soil stability in the project either. The applicant said that granting the appeal would not set a precedent for [enclosing] interior courtyard space or tandem garage space; he said that no other house there had these features. Reis said that there was nothing magic about 3500 square foot at the time the PDP was approved; at that time it was only an empty lot. He said that blind adherence to a rule was not necessary because no one else could make these changes, and anyone who tried to make changes would have to go through a similar review. He said that no one in the neighborhood had tried to make these houses different. In sum, Mr. Reis said that the additions would have no impact on Reed Ranch Road or Warren's Way; that this application was unique and not precedent-setting, and was consistent with the purpose of the original rule. He said it would help the family better utilize the space. DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 8 Mayor Fraser opened the public hearing to public comment. The following people spoke: 1. Dennis Rice, attorney, former mayor, and resident in support of the appeal, said that if there was ever an opportunity to approve an application, this was it. He said that the Town had the authority approve variances and exceptions as long as the burden of proof was met; he said in this case, the burden was minimum impact and a good case that did not do violence to the original agreement. 2. Ann Solomon, Reed Ranch neighbor, spoke against granting the appeal; she said there were years of litigation and negotiation to reach a compromise and limit on house size in - the Cecelia subdivision; stated that 3,000 square feet would be the size of the house on this lot if the agreement had not been reached to allow larger FARs and fewer units. She asked that the Council not abandon its policy. At the very least, she asked if there was a way to approve the garage addition only. She distributed photos of various uphill homes that were visible from her property. When asked by the Council if the Reis house was visible from her home, she said that her view corridor was from the front but that she could see the house if she stood outside at the rear of her home. 3. John Kunzweiler briefly summarized the Planning Commission decision. He said that while the Commission was sympathetic to the applicant's request, it made its decision because it could not make findings to allow the applicant to exceed the clearly stated 3,500 square foot floor area limit, given the history and clarity of this limitation. 4. Evan Lee, North Terrace, UC Hastings law professor, talked about the rights of uphill and downhill neighbors and said that he wanted to live in a community where he would not be compelled to assert his rights in all cases simply because he could do so; spoke in favor of granting the appeal for the reasons stated by the appellant; said that this was a unique case and not precedent-setting, in his opinion. Mayor Fraser asked if there was a rebuttal by the appellant. Dipanwita Reis said the concern expressed about the addition of a balcony was not an issue here because they were not proposing such a thing and would not, because it would be visible. She said it was neither fair not right to cite precedent in this case. K Director of Community Development Anderson said staff had obtained a copy of the CCRs from the Town's file. He cited a section which stated that each property owner shall comply with the [applicable] sections of the Development Agreement concerning design restrictions. He said it stated that Lots 3 through 11 would not exceed a 3,500 square foot living area. Mayor Fraser closed the public hearing. Councilmember Collins asked whether it was possible that other property owners might be the third party beneficiaries an agreement that includes the square footage restrictions. Town Attorney Danforth said that they might be beneficiaries of any applicable conditions, covenants and restrictions, however the Town does not enforce such agreements. DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 9 Collins asked about an approval that would limit changes to the first floor footprint only. He said this would solve the pop-out problem. Planning Manager Watrous said that the Town did not have a formal definition of footprint but said that it normally meant that it followed the outline of the house. Councilmember Fredericks asked whether there was a clear way to capture the language proposed by Councilmember Collins. Watrous proposed that one might make a statement to limit additions [for this house] to the first floor only and perhaps state that the infill additions would have to fall within the overall perimeter of the existing footprint. Councilmember Doyle addressed the issue of precedent by stating that in Tiburon, boards and commissions made decisions on a case by case basis. He said in this appeal, square footage was not an issue, but rather, bulk and mass. He asked whether the addition would cause the house to slide downhill (no), and whether the roofline was changing (again, no), therefore he said there would be no precedent. He added that the applicant would actually be pulling the perimeter back by a couple of feet in the outside location. Vice Mayor O'Donnell said that he understood the history of the dispute and the concerns of the neighbors. However, he said he supported the appellants in this instance. He registered his concern about the trellis area and asked whether any articulation might be necessary to reduce or ameliorate bulk and mass. O'Donnell said he was not wedded to enclosing the trellis area and would listen to the comments of his colleagues on the Council. Councilmember Fredericks talked about precedent and policy. She said the rules had been put into place as a behavioral encouragement to not push the limits and create contentions for the neighborhood. She said that changes should not be encouraged and that policy is something that needs to be respected. She said the Town relied upon Precise Development Plans to guide it and head off [negative] impacts. She also pointed out that this house received a higher FAR than allowed by the Town at that point in time and that the homes on Reed Ranch were limited by those rules. She agreed that while these houses were not visible from the Reedlands, that argument was not a common sense argument. She said approval of the garage addition would be easy as it lay within the footprint of the house and was not visible from the outside. But she said that even though the trellis area faced a side yard, it nevertheless was in an outside area and it could be debated as to whether or not it lay within the footprint of the house. Planning Manager Watrous pointed out that there was no definition of footprint in the Town's zoning ordinance. Councilmember Fredericks said that she wished the Town had a definition of this in its zoning ordinance. She said that she would vote to approve the Precise Plan amendment but was still conflicted about the terrace addition. DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 10 Collins said that the Planning Commission had gotten it right in deciding the issue on principle, leaving the review of the policy to the Council. He said that the change requested to the exterior of the house was de minimus (120 square feet) and that the other square footage already existed within the house. Councilmember Collins agreed that it would be helpful to tighten the language in the resolution to not allow pop-outs. Mayor Fraser said he agreed with his colleagues and said there were no external [view] impacts that would concern him. He said the idea of enclosing the trellis area was questionable but that in this instance, it would pass the "no impact" test. He said it was within the Council's purview to review and change its policies from time to time. MOTION: To grant the appeal and approve the application as submitted, noting that the approval is based on and limited to the additions being within the footprint of the house and contained within the walls on the ground floor only. Moved: Collins, seconded by Fredericks Vote: AYES: Unanimous At 9:15 p.m., the Council began the workshop. WORKSHOP 1. Library Expansion Project - Informal discussion between the Library Agency and Town Council regarding Library expansion and possible modifications to the interim plan the Agency is considering based on previously received direction from the Town Council (Director of Community Development Anderson) Town Manager Curran gave a brief staff report, saying that the Town Council had directed the Library Agency to come back to the Council on an interim basis before seeking approval of a specific design application. She said the workshop was to allow a dialogue between the Agency and the Town Council. She said the Agency would seek feedback from the Council and if it became clear that additional sessions were necessary prior to submitting an application, Curran said that would be the next step. Library Agency Board Chair Beverlee Johnson introduced her fellow boardmembers who were present, along with members of the Building Committee, the Library Foundation, and staff who were in the audience. Chair Johnson gave a history of the project that started in 2004, to date. She said that at the November 11, 2011 meeting, the Library representatives had listened to the Council's input and had made real changes based on the Council's direction. She said that the square footage of the building had been reduced and the building envelope had been reconfigured, all without compromising the needs of the Library. DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 11 Ms. Johnson turned the presentation over to Library Director, Debbie Mazzolini, and Assistant Director, Jackie Schaefer, who gave a detailed review of the plans for the reconfigured first and second floor spaces and their uses. Ms. Mazzolini said the revised floor plan created a very efficient space while preserving the integrity of the services provided by the Library, and equal access. The Library Director and EHDD Architect Jennifer Devlin responded to questions by the Council. Councilmember Collins asked if the existing patio was shown in the new drawings (it was). He asked whether the Agency had considered enclosing it to create additional space (they had). Chair Johnson said that it was not on the building foundation and was basically bricks on dirt; she also said its location did not support the proposed function in the expansion plan. Councilmember Fredericks asked about the need for a bookstore if the one at the Boardwalk was to remain. Director Mazzolini said that an in-house bookstore was something the Agency had wanted for many years; she said that the Library received lots of donated books and needed a place to sell them. Heather Cameron said that the Foundation had just reached its $100,000 mark in book sales in that location, but agreed that it would be more efficient for the Library not to have to pay rent and to keep the store in-house. Ms. Mazzolini said that an in-house bookstore was a successful model used in libraries in the Bay Area and nationwide. She said the Library made about $800-$1,000 per month currently by selling books off of carts in-house. She said she anticipated that this number would grow with a more suitable space. Mayor Fraser asked about the number of visitors to the Library. He asked the Director if she thought that number would increase (she had mentioned that the Library has 4,000 visitors per week now). Ms. Mazzolini said that while the clientele may not necessarily change, the current Library had run out of space and had to turn away schoolchildren who were looking for a place to study, and others, because there was no room. She said the expanded Library would be a welcoming place for teens and schoolchildren. Ann Alywn said that the Library expansion was needed for existing, current users, and would be able to grow to accommodate new ones. Director Mazzolini also noted that increased square footage of the community room and another meeting room on the second floor of the proposed plan. She said this additional meeting space could be utilized by other organizations and the public, as well as for Library programs. Architect Devlin presented drawings that recapped the plans presented in November 2011 and compared them to the latest version. She noted that in the new drawings, the space between the buildings (Town Hall and the Library) had been increased from 48 to 56 feet, which had subsequently increased the view corridor from Tiburon Boulevard, and that the new plans had a reduced building height, width, and reduced square footage. She said the total reduction was 1,000 square feet. DRAFT Town Council Minittes #xx -2012 March 21, 2012 Page 12 Devlin answered questions from the Council concerning views. She said that her statements about increasing the view corridor were based on the reduced building mass and did not address any landscaping issues. She showed how one corner of the building had been moved, and the entrance to the building near Tiburon Boulevard now opened more onto a central plaza between the two buildings, rather than being oriented directly toward the boulevard. Councilmember Collins asked for the roof height and was told it was 37-1/2 feet. The architect showed how in the new plan the building was stepped back from what is shown in Alternative Plan D, specifically the second story was pulled back which created one story at street frontage. Collins asked for the height at the ridge (20 feet) and distance to the sidewalk (16 feet). Devlin also showed an overlay of the new plan on a map downloaded from Google Earth. She also showed how the view continued to open up as the angles increased. It was noted, however, that comparative views are difficult to evaluate. Vice Mayor O'Donnell asked the Board Chair if the Agency was happy with the latest design. She said yes, that it represented a lot of work but the Council had challenged the Agency and it had responded. O'Donnell said that the changes that struck a chord with him were the creation of an angled entrance (versus direct facing of Tiburon Boulevard) and that the plaza now become more of a cohesive focal point between the buildings. Ms. Johnson agreed. She said that it enhanced the idea of this location being a "gateway" to Tiburon. Councilmember Doyle asked if the rooflines were the same as in Alternative D (the response was "yes"). He said he liked the floor plans but he felt that the rooflines were complicated and in the last set of drawings, they looked simpler. He asked whether it was possible to simplify the rooflines in these plans. The architect responded that this plan was intended to break down the scale of the building. She said the next step in the process was indeed design refinement. N Mayor Fraser asked for comment from the public. 1. Woman (name unknown) said she liked the old design better and worried that this expansion would be too small; said to build a bigger library; 2. Connie Peirce praised the Agency for the refinements, reducing the bulk at the front and opening up the view corridor, but stated that Old St. Hilary was still a focal point for the community and wondered where it was (since it could not been seen on the snaps or drawings provided); said she had previously submitted photos taken from her house and wondered how this rendition would affect her views; asked if the upstairs tables in the teen room were critical and whether this portion could be pulled back or eliminated DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 13 (Jackie Schaefer said yes, the space was needed to provide space for a study area and the tables were a critical part of that); 3. Genevieve Chapman, 50-year resident, said public input on the project continued to be important [Mayor Fraser noted that there would be more hearings on the project]; 4. Heather Cameron, speaking on behalf of the Library Foundation, said that the Foundation supported the expansion and was the fund-raising aria to see it through; 5. Chuck Auerbach said that the latest drawing seemed like modern architecture and suffered from the elimination of eves [the architect said there would be eves in a finished drawing]; 6. Joan Bergsund questioned the need for parking in the Zelinksy open space; said the space was not acquired easily and was not appropriate for cars; said the parking should remain where it is today; said the services contemplated in the new plan were wonderful but were more than the site could hold; said that proposed parking was problematic and would adversely affect both the open space and Town Hall. Director of Community Development Anderson noted that the environmental issues concerning the application had already been decided, including those about parking, when the Council had adopted a Final EIR and approved General Plan Amendments and mitigation measures. He said the direction at the last meeting following those approvals was to revise the drawings to reduce the excessive mass, bulk and scale as viewed from Tiburon Boulevard, and reduce the significant view blockage of the Tiburon Ridge from Tiburon Boulevard. 7. Vicky Tuorto asked what would happen to the grassy area where people ran their dogs [Zelinksy Park]; Ms. Architect said it would be moved southeast in the current proposal; Chair Johnson asked the Council what the next step should be for the Library to take. Vice Mayor O'Donnell said he was "fabulously enthused" about the current rendition and could not wait to see the project get started. He said the issues framed by the Council at its November meeting had all been addressed-the view corridor had been widened, the square footage reduced, and the bulk and mass had been reduced. Councilmember Fredericks echoed these sentiments. She said she liked Alternative D but that somehow the Library Agency had found a way to address the Council's concerns and also had found ways to meet the needs of the community with an expanded Children's Room, bookstore and cafe for moms, and a place for teens to gather and study. Councilmember Collins said that the latest plan had not changed his thinking; he continued to favor an expansion located behind the existing building. He said the children's area lent itself to being located in another building. Councilmember Collins noted that the proposed children's area would be the size of the Council Chambers. He said this would be noisy and that it should have double-glass doors or the like if it were going to be adjacent to the main nave. DRAFT Town Council Minutes #.xy -2012 March 21, 2012 Page 14 Collins stated that the mass continued to be an issue and the size of the proposed building would dwarf Town Hall. He also said that the bookstore would be over 900 square feet, which was 2/3 the size of the Council Chambers. He said that while the corridor between the buildings had been widened in the latest drawings, it was not a significant change. He said the distance between the buildings was still 48 feet on the ground floor, even though the second story had been moved back. Collins also stated that the parking was not adequate for the estimated number of visitors to the Library. He said the Library would have to comply with the parking-related mitigation measures prior to obtaining a building permit. Collins stated that many people in the community would like to keep the view of the (Old St. Hilary's) Open Space pristine. He said that overall, he received many calls from residents who thought that the proposed building expansion was too big and not right for this location. He added that he would like to see the matter go to a vote of the community as a whole. Councilmember Fredericks said that placing a building in the rear would not keep the open space [in that location] pristine. Councilmembers distinguished their concerns about the open space lands directly behind the existing library [where the parking lot was proposed] and the Old St. Hilary's open space area in the visual backdrop behind the Library building. Councilmember Doyle said that the sewer main to the rear of the building was one reason to reject the expansion in that location. Councilmember Collins said he had not suggested building on the sewer main location but rather, behind where it was located. A member of the Library Agency commented that it was also an inefficient use of space because it would require a 2,700 square foot breezeway to connect the two buildings. Doyle said he liked the way the front of the Library building "envelopes" the plaza in the latest rendition, which made it appear less imposing to Town Hall. He said he liked the last plan but liked the new floor plan better. He said that given the constraints of the site, and the cost of moving a sewer main (estimated at $1 million), he would favor this version. He ,said that he also liked seeing a public plaza versus a parking lot in the front. He noted that as one drove down Tiburon Boulevard, there were many parking lots fronting Tiburon Boulevard. # Councilmember Doyle said that the community was giving up something but getting something in return; he said that the expanded children's room would be a great asset, among other things; he commended the Library Agency for its work. Chair Johnson noted that the design described by Councilmember Collins was in the Library Agency's originals plan but that the Town's subsequent adoption of an updated General Plan had called for buildings closer to Tiburon Boulevard and had dissuaded the Agency from its original thinking. She also noted the downsides of having two separate buildings, which would result in higher operating costs for staffing and oversight, among other things. DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 15 Mayor Fraser said he has been a supporter of the Library and its expansion for the betterment of the community. He said that the Library Agency had defined its needs well and had devised terrific plans. Fraser said this was commendable except that the site on which the Agency wanted to build was a confined space and that views of the Open Space were near and dear to the citizens of Tiburon. He said that the size, mass, bulk, and view obstruction was not fully comprehensible as seen in drawings alone; he said that he would liked to have been able to see story poles for the current rendition and allow the community to conunent. The Mayor said there was still work to do to address the issues of mass, bulk and size, as well as how the building would fit into the context of the overall area. He said it needed another iteration, as well as feedback from the community as a whole. Mayor Fraser noted that residents were still paying on an Open Space bond issue and had a vested interest in the view corridors. Councilmember Fredericks said that the Mayor wanted to see something to help define the view corridors, however, she noted that her video as well as the story poles previously erected did not seem to adequately address this desire. Mayor Fraser said that he had wanted story poles for this iteration; Councilmember Collins said he had seen the plans and thought perhaps they would not be necessary; however, he said he thinks the public needed to see story poles. Vice Mayor O'Donnell pointed out that story poles would be a requirement during the Design Review process. Councilmember Fredericks agreed that it was at that juncture when story poles would become most informative. Mayor Fraser said that the community wanted to know how the view corridor would be impacted from the placement of the building on the site. He said that both story poles and elevations would be helpful. He said that the drawings alone did not provide enough information. He also said he continued to think that the building was larger than it needed to be. Councilmember Doyle suggested a scale model might be constructed that could be on display in the Library to help people understand the proposal in a visual way. Architect DIevlin agreed that physical models are always helpful; however, she pointed out that a model would not show the building's relationship to the surrounding space or the Open Space. Ms. Johnson asked if the next step was Design Review or another workshop with the Council. Vice Mayor O'Donnell responded that a majority of the Council appeared to be comfortable with the Library's efforts to address the issues of bulk, mass, size and location and that the appropriate next step appeared to be filing of the design review application. Mayor Fraser said that the community still needed to have input into the size and scale of the proposal, as well as the view issues. He agreed with the suggestion to have a model on display in the Library; he said that while a majority of the Council had given its blessing to moving forward DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 16 with the process, he encouraged the Library to continue to ensure that the right elements were included in its application. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT Town Manager Curran asked for two members of the Council to form an ad hoc committee to explore affordable housing sites. Councilmembers Collins and Fredericks volunteered to serve in this capacity. The Council concurred with this recommendation. WEEKLY DIGESTS • Town Council Weekly Digest - March 9, 2012 • Town Council Weekly Digest - March 16, 2012 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Fraser adjourned the meeting at 10:48 p.m. JIM FRASER, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK DRAFT Town Council Minutes #xx -2012 March 21, 2012 Page 17 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Administrative Services Department Town Council Meeting April 4, 2012 Agenda Item: CC-z Subject: Investment Summary - January & February 2012 Reviewed By: BACKGROUND Pursuant to Government Code Section 53601, staff is required to provide the Town Council with a report regarding the Town's investment activities for the period ended January 31, 2012 and February 29, 2012. ANALYSIS Agency January 2012 Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $191,0249586.15 0.385% Liquid Fund (LAIF) CDARS (Bank $ 2,030,436.16 0.349% April 19, 2012 of Marin Housing note to $ 800,000.00 0.378% Based on Town Manager Contract Money Market $ 2509000.00 0.30% Liquid (Bank of Marin) Note to Former $ 299339.61 5.55% June 1, 2017 Town Employee Total $229134,361.92 Agency February 2012 Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $17,994,586.45 0.389% Liquid Fund (LAIF) CDARS (Bank $ 29030,436.16 0.349% April 19, 2012 of Marin Housing note to $ 8009000.00 0.378% Based on Town Manager Contract Money Market $ 2509000.00 0.30% Liquid Bank of Marin Note to Former $ 289962.59 5.55% June 1, 2017 Town Employee Total $2191039985.20 FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the Investment Summary for January and February 2012 Prepared By: Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: BACKGROUND Mayor and Members of the Town Council Community Development Department Town Council Meeting April 4, 2012 Agenda Item: 1-3 14 Cecilia Court; Adoption of Resolution Granting an Appeal of Planning Commission Denial of a Request to Amend the Tiburon Highlands Precise Plan (PD 415) to Increase the Maximum Allowable Floor Area for Lot 7; David and Dipanwita Reis, Owners; Greg LeDoux & Associates, Inc., Applicant; Assessor's Parcel No. 034-360-30 At its meeting of March 21, 2012, the Town Council held a hearing on this item and directed Staff to return with a resolution granting the appeal. A draft resolution granting the appeal and approving the amendment to the Tiburon Highlands Precise Plan is attached as Exhibit 1. RECOMMENDATION Adopt the Resolution. EXHIBITS 1. Draft Resolution granting the appellants' appeal. Prepared By: Daniel M. Watrous, Planning Manager S: IAdrninistralionlToi>>n CouneillStaff Reports 12012 April 4 drafts'; l;! Cecilia Court report. doc TOWN OF TIBURON PAGE 1 OF 1 RESOLUTION NO. (Draft)-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON GRANTING AN APPEAL BY DAVID AND DIPANWITA REIS OF THE PLANNING COMMISSION'S DENIAL OF AN AMENDMENT TO THE TIBURON HIGHLANDS PRECISE PLAN (PD #15) FOR PROPERTY LOCATED AT 14 CECILIA COURT (ASSESSOR PARCEL NO. 034-360-30) WHEREAS, on January 11, 2012 the Planning Commission held a public hearing, on an application (File 431103) filed by David and Dipanwita Reis for an amendment to the Tiburon Highlands Precise Plan (PD #15) to increase the maximum allowable floor area from 3,500 square feet to 3,884 square feet for the property at 14 Cecilia Court; and WHEREAS, at that meeting, the Planning Commission received public testimony and determined that the project was inconsistent with the Tiburon Highlands Precise Plan, and inconsistent with the Development Agreement provision from which the Precise Plan condition of approval originated and directed staff to prepare a resolution denying the application; and WHEREAS, on January 25, 2012, the Planning Commission adopted Resolution No. 2012-02 denying the application; and WHEREAS, the Planning Commission's decision was appealed in a timely manner by David and Dipanwita Reis (collectively referred to as "applicant"); and WHEREAS, the project application consists of File #31103, on file with the Town of Tiburon Community Development Department. The official record for this project application is hereby incorporated and made part of this resolution.,The record includes, without limitation, the Staff Reports, minutes, application materials, and all comments and materials received at the public hearings, and WHEREAS, the Town Council held a public hearing on March 21, 2012, and received testimony and considered all evidence in the record; and WHEREAS, the Town Council finds that the project is exempt from the requirements of the California Environmental Quality Act per Section 15301 of the CEQA Guidelines; and WHEREAS, the Town Council finds, based upon the application materials and analysis provided in the January 11, 2012 Planning Commission Staff Report, the March 21, 2012 Town Council Staff Report, and the entire record on appeal, that the project is, on balance, consistent with the intent of the Tiburon Highlands Precise Plan Town Council Resolution No. (Draft)-2012 04/04/2012 Page 1 of 2 and Development Agreement limitations on floor area for this lot, as the proposed additions would be contained within the overall perimeter of the first floor of the existing residence and would not create privacy or visual impacts on neighboring residents and would not be visible from neighboring homes in the Reedlands neighborhood; and NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon hereby grants the appeal of David and Dipanwita Reis. BE IT FURTHER RESOLVED THAT condition of approval #18 (h) of Town Council Resolution No. 2535 (Tiburon Highlands Precise Plan) shall be amended to read as follows: "The living area (i.e. excluding garages and decks) of the residence constructed on lots 3-11, inclusive, shall not be greater than 3,500 square feet, except that greater area is permitted for the following lot. 3,884 square feet for Lot 7 (14 Cecilia Court), if attained entirely within the overall perimeter of the first floor of the approved house, as generally depicted on drawings dated December, 2011, prepared by Greg LeDoux and Associates, Inc. (6 sheets)." PASSED AND ADOPTED at a regular meeting of the Town Council on April 41 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S: IAdministrationlToirn CouncillResollNions:2012,,14 Cecilia C'otrri resolntion.doc Town Council Resolution No. (Draft)-2012 03/21/2012 Page 2 of 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: From: Subject: Reviewed By: i BACKGROUND Mayor and Members of the Town Council Office of the Town Attorney Department of Public Works Town Council Meeting April 4, 2012 Agenda Item: _y Recommendation to Amend Budget to Perform ADA Improvements at Town Hall Facility ~ I - Both State and Federal law require that public buildings be accessible to members of the public with disabilities. Although Town Hall is relatively new, we have received complaints that the building does not fully meet technical accessibility specifications. Building Official Fred Lustenberger is a certified expert in accessibility laws and has identified a series of corrections needed to bring Town Hall into full compliance. DISCUSSION Per direction from the Town Manager on advice of the Town Attorney, the Public Works Department and Building Division coordinated on developing a scope of work to address the required ADA improvements. Public Works staff contacted local contractor Metro Construction, Inc., for their expertise in the field of ADA facility compliance. Staff from both Public Works and the Building Division met with the contractor over the past three weeks to fine-tune a list of appropriate improvements. Staff recommends that we perform this work promptly. The quoted cost from the contractor's bid for these work items is approximately $37,290. If the Council approves the work and budget amendment, the Town Manager will have the authority under Town ordinances to negotiate and execute a contract with the contractor. FISCAL IMPACT The budget for this fiscal year does not include these accessibility improvements. To complete this important work, the Council must authorize a budget amendment of $40,000 ($37,290 plus $2,710 for contingency). Appropriate funds are available in the Town's General Fund Infrastructure and Facility reserves. RECOMMENDATION Staff recommends that the Town Council: Move to approve ADA improvement work at Town Hall, and amend and increase the current budget by $40,000 for the completion of this work using funds coming from the General Fund Infrastructure and Facility reserves, Prepared By: Ann R. Danforth, Town Attorney Nicholas T. Nguyen, Director of Public Works/Town Engineer IN& TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 To: Mayor and Members of the Town Council From: Community Development Department Town Council Meeting April 4, 2012 Agenda Item: Subject: Consider Fee Waiver for Belvedere Tiburon Landmarks Society for Sign Permit (File #51203) Reviewed By: BACKGROUND The Belvedere Tiburon Landmarks Society has submitted an application for a sign permit (File #51203) to install a sign at Old St. Hilary's Church. The proposed sign would include written information about the church building and photographs. The sign would be similar to informational signs on other Landmarks Society properties. The sign will be reviewed by Planning Division staff under the provisions of the Sign Ordinance. The Landmarks Society has requested a waiver of the $90.00 sign permit fee based on the society's non-profit status. The Town has granted such requests on other occasions in the past for similar applications by non-profit groups. RECOMMENDATION Staff recommends that the Town Council grant the request and waive the sign permit fee for the application (File #51203) by the Belvedere Tiburon Landmarks Society. Prepared By: Daniel M. Watrous, Planning Manager TOWN OF TIBURON PAGE 1 OF 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 April 4, 2012 Agenda Item: / Appointment to fill one vacancy on the Building Code Appeals Board In July of last year, the Town Council adopted Resolution No. 34-2011 establishing the Building Code Appeals Board (BCAB) 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. On February 15, 2012, the Council interviewed and appointed a contractor (Mark Swanson) as the first member of the BCAB. Since that time, civil engineer David Kallmeyer has applied and will be interviewed by the Council tonight. Town Staff continues to advertise to fill the remaining positions. RECOMMENDATION Staff recommends that the Town Council: 1. Interview the second applicant, David Kallmeyer, tonight, and 2. Consider appointing Mr. Kallmeyer to the BLAB. Exhibit: Application of David Kallmeyer Prepared By: Diane Crane Iacopi, Town Clerk TOWN OF TIBURON COMMISSION BOARD & COMMIT E MAR 9 2012 APPLICATION 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 Tlburon'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. ci. tiburon. 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. 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 1 PERSONAL DATA (PLEASE PRINT OR TYPE - A`RESUME MAY BE ATTACHED AS WELL) NAME: c/~) 14 z ~ titF y 12- MAILING ADDRESS: 2- 14 TELEPHONE: Home: `M-J`il- Vork: Fax No. y%r Uzi PROPERTY O"ERSY ASSOC. (If applicable) TIBURON RESIDENT: (years) DATE SUBMITTED: s z % z' t.f APPLICABLE Q UALIFICA TIONS AND EXPERIENCE C'l kX 1) S' 13 44e Z s'~i'y+ i~ c1 ~J` I 4? C_ 0 ~"v c C✓.n^ , p Irv ~ ti - ~ A v~ ~ Cpl i (G` ~ ----------------------------------------------Town Hall Use lr - 1 L Interview Date: Date Application Received: Appointed to: (Date) Date Term Expires: Length of Term: 2 David Kallmeyer Principal Framework Engineering, Inc. frame Credentials: Bachelor of Science in Civil Engineering, OHIO STATE UNIVERSITY, 1989 z Masters of Science, Structural Engineering, UNIVERSITY OF CALIFORNIA, DAVIS, 1992 W Registered Professional Engineer, California C-54247 Z Experience: w Mr. Kallmeyer established Framework Engineering in 2002 after a 13 year career in structural engineering in the San< Francisco Bay Area. Mr. Kallmeyer is principal in charge of management, structural engineering and technical oversight of the firm. He has over 20 years of structural engineering working on buildings in California and the western states. Structural N engineering projects include a broad spectrum of building types, sizes, ages of construction, and architecture. • Earthquake damage repair - commercial and residential buildings. • Seismic upgrades of commercial buildings, types including Unreinforced Brick, Wood Framed, Concrete, Steel, CMU. • Seismic analysis and evaluation of commercial buildings. • Historic Building Renovations - Unreinforced Brick, Reinforced and Unreinforced Concrete, Timber • Single Family Residential Buildings - New custom homes, Renovations and Additions, damage repair, foundation repair • Multi-Unit Residential Buildings - New single story and multi-story buildings, renovation, seismic strengthening. • Commercial Renovations - Retail, Offices, Industrial, Entertainment • Health Care - New hospitals • Educational - Public and Private Schools, New construction and Renovation, New University Research Building • Government Buildings - Police/Fire Stations, City Hall Building, Libraries, Professional Associations: Structural Engineering Association of Northern California, Member (SEAONC) American Society of Civil Engineers, Member (ASCE) U.S. Green Building COUncil, Member (USGBC) American Concrete Institute (ACI) To: From: Subject: Reviewed Bv: TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor & Members of the Town Council Community Development Department Town Council Meeting March 21, 2012 Agenda Item: ~l Text Amendment/Correction to Housing Element SUMMARY On February 1, 2012, the Town Council adopted an updated Housing Element. Due to an editing error, one paragraph forwarded for approval by the Planning Commission was not accurately updated for the Town Council's packet. The purpose of this item is to correct the error by having the Town Council adopt the paragraph as forwarded by the Planning Commission. ANALYSIS The text amendment involves Implementing Program H-y regarding the Reed School District site off Lyford Drive. The program sets a timeline and course of action for determining whether the Reed Union School District site will be available for housing in the near future. The policy is strictly administrative and procedural in nature. Adoption of the program as set forth below is necessary for the Town to achieve certification of the Element from State Housing and Community Development (HCD). The proposed corrected text of Program H-y (e), as forwarded by the Tiburon Planning Commission, read as follows: (e) Reed School District Site. The Town will actively work with the Reed Union School District (RUSD) and will undertake the following specific steps to encourage residential development: (1) conduct a meeting with the RUSD Superintendent in 2011; (2) provide background material in support of the RUSD discussion of the issue in 2011; (3) conduct a meeting with the RUSD Board of Directors to discuss residential development of the property in 2012; and (4) undertake follow- up actions based on discussions to implement the incentives. In the event that RUSD opts to not declare the site surplus or there is no progress toward development of the site for housing in 2012, then the Town commits to identify an alternate site or sites by 2013. The incorrect text adopted by the Town Council on February 1, 2012, reflecting an earlier draft of the Element, read as follows: (e) Reed School District Site. The Town will work with the Reed Union School District and will undertake the following specific steps to encourage residential development: (a) conduct a .Marcli 21, 20.12 meeting with the Reed Union School District Superintendent; (b) provide background material in support of the School District discussion of the issue; (c) conduct a meeting with the Reed School District Board to discuss residential development of the property; and (d) undertake follow-up actions based on discussions to implement the incentives. The Planning Commission held a public hearing on March 28, 2012 and adopted a resolution (Exhibit 1) recommending adoption of the text amendment to the Town Council. ENVIRONMENTAL DETERMINATION The text amendment has no potential to cause an environment impact as is exempt from the requirements of CEQA. RECOMMENDATION Staff recommends that the Town Council: 1) Hold a public hearing and take any testimony on the proposed amendment from interested persons. 2) Adopt the Resolution (Exhibit 2) approving the text amendment. EXHIBITS 1. Planning Commission Resolution recommending approval. 2. Draft Town Council Resolution. Prepared by: Scott Anderson, Director of Community Development RESOLUTION NO. 2012-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF TIBURON RECOMMENDING APPROVAL TO THE TOWN COUNCIL OF A TEXT AMENDMENT TO THE GENERAL PLAN HOUSING ELEMENT WHEREAS, on January 11, 2012, the Tiburon Planning Commission held a public hearing and recommended adoption of an updated Housing Element of the General Plan to the Town Council; and WHEREAS, on February 1, 2012, the Town Council adopted said updated Housing Element by adopting Resolution 07-2012; and WHEREAS, it was subsequently discovered that through an editing error, one paragraph of the document adopted by the Town Council contained an older version of text that was inconsistent with that recommended for adoption by the Planning Commission necessitating a general plan amendment to correct the error; and WHEREAS, the Planning Commission has held public hearing to consider correction of the error by adopting a text amendment to the Housing Element; and WHEREAS, the text amendment has no potential to result in an adverse impact on the environment and is exempt from review under the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the Town of Tiburon does hereby recommend to the Tiburon Town Council adoption of the text amendment to the Housing Element, set forth in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Planning Commission held on March 28, 2012, by the following vote: AYES: COMMISSIONERS: Corcoran, Kunzweiler, Tollini NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Weller, Welner 4~ d--1411f JO ORCO , HAIR TIBURON PLANNING COMMISSION Tiburon Planning Commission Resolution No. 2012-04 Adopted 0312812012 EXHIBIT NO ATTEST: DAN ATROUS, SECRETARY (ACTING) Attachment: Exhibit A Tiburon Planning Commission Resolution No. 2012-04 Adopted 0312812012 EXHIBIT A Program H-y, paragraph (e), of the Tiburon Housing Element adopted February 1, 2012 is hereby amended to read as follows: (e) Reed School District Site. The Town will actively work with the Reed Union School District (RUSD) and will undertake the following specific steps to encourage residential development: (1) conduct a meeting with the RUSD Superintendent in 2011; (2) provide background material in support of the RUSD discussion of the issue in 2011; (3) conduct a meeting with the RUSD Board of Directors to discuss residential development of the property in 2012; and (4) undertake follow-up actions based on discussions to implement the incentives. In the event that RUSD opts to not declare the site surplus or there is no progress toward development of the site for housing in 2012, then the Town commits to identify an alternate site or sites by 2013. Tiburon Planning Commission Resolution No. 2012-04 Adopted 0312812012 RESOLUTION NO. XX-2012 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A TEXT AMENDMENT TO THE GENERAL PLAN HOUSING ELEMENT WHEREAS, on January 11, 2012, the Tiburon Planning Commission held a public hearing and recommended adoption of an updated Housing Element of the General Plan to the Town Council; and WHEREAS, on February 1, 2012, the Town Council adopted said updated Housing Element by adopting Resolution 07-2012; and WHEREAS, it was subsequently discovered that through an editing error, one paragraph of the document adopted by the Town Council contained an older version of text that was inconsistent with that recommended for adoption by the Planning Commission; and WHEREAS, the Planning Commission has held public hearing and recommended approval of a text amendment to the Housing Element in order to correct the error; and WHEREAS, the Town Council has held public hearing to consider correction of the error by adopting a text amendment to the Housing Element; and WHEREAS, the Town Council finds that the text amendment has no potential to result in an adverse impact on the environment and is exempt from review under the California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the text amendment to the Housing Element, set forth in Exhibit A, attached hereto. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon held on , 2012, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Tiburon Town Council Resolution No. XX-2012 Adopted --1--12012 T 771 0 - Jut JIM FRASER, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Town Council Resolution No. XX-2012 Adopted --1--12012 EXHIBIT A Program H-y, paragraph (e), of the Tiburon Housing Element adopted February 1, 2012 is hereby amended to read as follows: (e) Reed School District Site. The Town will actively work with the Reed Union School District (RUSD) and will undertake the following specific steps to encourage residential development: (1) conduct a meeting with the RUSD Superintendent in 2011; (2) provide background material in support of the RUSD discussion of the issue in 2011; (3) conduct a meeting with the RUSD Board of Directors to discuss residential development of the property in 2012; and (4) undertake follow-up actions based on discussions to implement the incentives. In the event that RUSD opts to not declare the site surplus or there is no progress toward development of the site for housing in 2012, then the Town commits to identify an alternate site or sites by 2013. Tiburon Town Council Resolution No. XX-2012 Adopted --1--12012