Loading...
HomeMy WebLinkAboutTC Agd Pkt 2013-10-02TOWN OF TIBURON Tiburon Town Flail 1505 Tiburon Boulevard Tiburon Town Council October 2, 2013 Tiburon, CA 94920 Regular Meeting - 7:30 p.m. AGENDA TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Doyle, Councilmember Fraser, Councilmember Slavitz, Vice Mayor Fredericks, Mayor O'Donnell 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 win 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 September 4, 2013 regular meeting (Town Clerk Crane Iacopi) 2. Town Council Minutes - Adopt minutes of September 18, 2013 regular meeting (Town Clerk Crane Iacopi) 3. Commendation - Adopt resolution commending David. DeTomasi for his service to the Town of Tiburon upon his retirement from the Public Works Department (Director of Public Works /Town Engineer Nguyen) 4. Notice of Completion - Adopt resolution authorizing filing of Notice of Completion for the 2012 Streets Improvement Project (Director of Public Works/Town Engineer Nguyen) ACTION ITEMS 1. Martha Property MOU - Consider extension of Memorandum of Understanding for Martha Property Application (Town Attorney Danforth) 2. Flagpole - Consider acceptance of flagpole proposed for donation to Town, including Z7, style of flagpole and possible locations (Town Manager Curran) PUBLIC HEARINGS 510 Ridge Road - Appeal of Design Review Board approval of a site plan and architectural review of a new single-family dwelling, with variances for reduced. front yard setback and excess lot coverage (Planning Manager Watrous) - continued without hearing from Septonber4,2013 Appellant: Bruce Breitman, 600 Ridge Road Address: 510 Ridge Road ZD Owners: Paul Wong and Julie Hub AP No.: 059-091-224 TOWN COUNCIL REPORTS Councilmember Fraser report on pending Marin Telecommunications Agency (MTA) vote regarding request for franchise fee support of Community Media Center of Marin (CMCM) TOWN MANAGER'S REPORT WEEKLY DIGESTS 0 Town Council Weekly Digest September 20 & 27, 2013 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, �vi',,,T\v.ci.tibur. on.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 To,,vn 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. Mayor O'Donnell called the regular meeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday, September 4, 2013, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. Doyle, Fraser, Fredericks, O'Donnell, Slavitz Town Manager Curran, Town Attorney Danforthl Director of Community Development Anderson Police Chief Cronin, Town Clerk Crane lacopi I 1. Town Council Minutes — Adopt minutes of August 21, 2013 regular meeting (Town Clerk . Crane lacopi.) 2. Commendation — Adopt resolution commending Director of Community Development Anderson for 25 years of service to the Town of Tiburon (Town Manager Curran) — (continued from August 21 meeting) Mayor O'Donnell asked to remove Item No. I from the agenda. He added the following language to page 4 of the minutes under "Town Council Reports which reads, "Mayor O'Donnell expressed an interest... in seeing a continuation of the display of public art in conjunction with the Tiburon Art Festival". MOTION: To adopt Consent Calendar Item No 2, as written. Moved: Fraser, seconded by Slavitz Vote: AYES: Unanimous MOTION: To adopt Consent Calendar Item No. 1, as amended. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page I 1. "Bike Train" — Consider approval of experimental "bike train" along Old Rail Trail to Reed Schools and related funding (Chief of Police Cronin) Chief Cronin gave the report. He said that one of the recommendations in the final report of CART, Community Action to Reduce Traffic, was the creation of an experimental Bike Train program to increase the number of students biking to school. He said that a CART subcommittee comprised of Councilmember Frank Doyle, Wendi Kallins of the Marin County Bicycle Coalition (MCBC) and the Chief of Police, agreed to pursue this idea. Cronin said that community members Frances Barbour and Kathy McLeod, members of MCBC and experienced cyclists, joined the group in several meetings over the summer. The Chief said that as a result of their studies, the subcommittee now requested the Town Council to consider approval and funding for this pilot program to allow it to run during the current school year. Chief Cronin described the "Bike Train". He said it would be supervised by trained adults that would lead groups of students to and from designated downtown locations to and from Bel Aire School with stops at Reed and Del Mar School on Wednesdays during the school year, beginning on October 9, 2013 and ending on Julie 11, 2014. Cronin said the goal of the program is to increase the number of bicycle riders to at least 15% of the Bel Aire student population (about 80 students). In 2012, he said that 6% (about 30) of Bel Aire students rode to school on their bicycles. He noted that evaluation of the program will be based on student surveys conducted in the fall of 2013 and spring of 2014. The Chief of Police said the program budget of $7,100.00 would be expended as follows: Conductors $3M00 Graphics and Web Development 1,500 Miscellaneous supplies 300 Zipper pulls 300 Printing 300 Mailing 200 Management & Oversight 1,500 Total $7J00 Cronin said the Town would fund the program pending receipt of grant funding. He said the Tiburon-Belvedere Rotary Club has approved a grant of $575 and noted that Town staff has submitted applications to the Belvedere Community Foundation for $2,000 and to the Marin County Board of Supervisors Community Service Fund for $5,000. If approved as submitted, he said these grants would fund the entire program; decisions on the grant applications are expected in October. If unsuccessful, the Chief said the Town would need to make up any shortfall, potentially exposing the Town to an expense of $6,525. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 2 The Council asked some questions about the program. Councilmember Slavitz asked if the Bike Train went only in one direction, from downtown Tiburon to Bel Aire School. The Chief said yes, that the Bike Train would start in downtown and the idea was the other bikers would join in along the way. Mayor O'Donnell asked how the parents of students would be notified of the program. The Chief said that the school district would publicize the program and that they had an extensive rp ontact list. Vice Mayor Fredericks asked how the young bicyclists would get to the meeting place(s). The Chief said that they would come in whatever way was convenient to their parents, and that the subcommittee was working on other safe meeting places along the way, some of which were on private property. During public comment, Wendi Kallins of the Marin County Bicycle Coalition (MCBC) answered questions. She gave credit for the idea of the Bike Train to Councilmember Doyle. She said the Coalition had two certified instructors (on bicycle safety) and would provide insurance to the Town. She said the bicyclists would register for the program and would be issued zipper pulls for identification. She said that each one would also receive a family membership to the MCBC. Ms. Kallins said they were looking for a logo for the program and asked the Council or Town for any suggestions. She said they would also coordinate the program with the International Walk to School Day on October 9. Councilmember Fraser suggested that they might use a rail theme to coincide with the Bike Train traveling along the Old Rail Trail. Mayor O'Donnell asked whether the program would run, rain or shine. Ms. Kallins said that it would. Vice Mayor Fredericks asked whether once a week would attract enough kids to the program. Ms. Kallins said they wanted to start the program initially at once a week in order to create a critical mass and generate interest among the kids that this is "the place to be". Councilmember Doyle said that one problem the subcommittee had tried to solve was the issue [for parents] of children having to cross Tiburon Boulevard. The Chief noted that the number one concern expressed by parents was safety. Ms. Kallins agreed, and said that some parents would ride with their kids to school and others might drop them off at the "meet" locations. She said that most of the shopping centers and churches [the private property locations previously mentioned by the Chief] were supportive of the program. The Chief pointed out that these locations did not conflict with existing bus stop locations. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 3 Councilmember Slavitz asked how the success of the program would be measured. Ms. Kallins said that the Bike Train conductors would maintain kid counts and would compile information att the end of the program year. Town manager Curran reiterated that this was an experimental program and that the CART committee wanted to put resources into the program to ensure its success. She noted that the program was being run, in part, by volunteer efforts. Ms. Kallins added that half of the program cost was for start-up costs and half was for program management. Councilmember Fraser commended Councilmember Doyle, Chief Cronin, and Ms. Kallins for their efforts. He said that he was part of the CART committee, and while there was no "silver bullet" solution to traffic on the boulevard, this program would ensure that there were at least a few less vehicles on the road. He also commended the subcommittee members, Frances Barbor and Wendy Kallins, MCBC, and others. Councilmember Doyle also commended the CART committee, subcommittee members and volunteers, and MCBC members, including Kathy McLeod, who was also in the audience. Mayor O'Donnell added his commendations for the program, as well. Councilmember Slavitz said that it was a great idea, and built on the idea of the "Walk N Roll" days when his children were in school. Vice Mayor Fredericks asked if there was anything the Council could do to help promote the program. Ms. Kallins said that it would be helpful to have someone from the Council come out on the inaugural day, October 9. The Vice Mayor said she would be happy to do so. MOTION: To approve funding as recommended in the staff report, and authorize execution of the contract with the Marin County Bicycle Coalition to administer the program. Moved: Fraser, seconded by Fredericks Vote: AYES: Unanimous 2. Homeowner's Summit Format — Discussion of proposed structure for "candidate's forum" at October 22, 2013 Homeowner' s/Neighborhood Association Summit Meeting (Town Manager Curran) Town Manager Curran gave the report. She said that because the November Town Council election had been cancelled, several members of the Council had suggested a "candidate's forum" be held in conjunction with the upcoming Neighborhood Association Summit on October 22. Curran said that the evening might be characterized as a "Community Forum" which would include a time for direct interaction with the "candidates", namely the three incumbent DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 4 Councilmembers who were appointed in lieu of an election, as well as Planning Commissioner Erin Tollini, who was appointed to fill the remainder of Dick Collins' term and who will take office in December. Curran said that in addition to the outreach to the neighborhood associations, staff could do additional outreach in the Ark, Tiburon Talk, and place a sign at Blackie's Pasture, to attract a wider audience to "come meet your candidates". The Town Manager said that a question box could be placed at the back of the room and that each appointee might give a brief statement and then floor would be opened to general questions. She said this could be done within a hour or so at the beginning of the meeting, and then the meeting could return to the regular neighborhood association summit agenda. Vice Mayor Fredericks asked if the format for questions would follow the "candidate's forum" protocol in which each candidate is allowed to answer each question, and who goes first is rotated among the panelists. Fredericks noted that in this format, the questions are moderated and not be directed to a particular panelist. She also said that since the Council all worked together, it might be helpful to be able to "punt" a question to another panelist. Mayor O'Donnell concurred, noting that some questions might be best answered by members of Council subcommittees who had worked on various issues. He gave an example of the Dairy Knoll project, for instance. Mayor O'Donnell also offered to moderate that portion of the evening. Councilmember Fraser had a slightly different take on the evening and suggested that some residents might want to raise an issue with a particular councilmember on a particular issue. He said this would not be unworkable, in his opinion. Mayor O'Donnell stated that he hoped the evening would take place in a "gentlemanly fashion". Town Manager Curran asked if the Council wished to consider a third-party moderator to field the questions, and whether interim Councilmember Jeff Slavitz might be interested in serving in that role. Councilmember Slavitz and the Council concurred with this recommendation. MOTION: To approve an amended "Community Forum" format, and appointing Councilmember Slavitz as moderator. Moved: Fredericks, seconded by Doyle Vote: AYES: Unanimous 1. 510 Ridge Road — Appeal of Design Review Board approval of a site plan and architectural review of a new single-family dwelling, with variances for reduced front yard setback DRAFT Town Council Minutes #xx -2013 axxxxx, 2013 Page 5 and excess lot coverage (Planning Manager Watrous) — continued without hearing until October 2, 2013 Appellant: Bruce Breitman, 600 Ridge Road Address: 510 Ridge Road Owners: Paul Wong and Julie Huh AP No.: 059-091-24 Mayor O'Donnell voiced his support of the new Marin Transit District shuttle service and said it was important to promote it. He said that there had been a suggestion to name it the "Shark Shuttle" to garner interest. Town Manager Curran said that CART had talked about this with the Director of Operations who was reluctant to paint anything different on the sides of the shuttles for various reasons. Curran noted, however, that Betts had said it might be possible to use something on the electronic sign. Vice Mayor Fredericks said the shuttle service was being promoted on the Reed School District's website, and the Town Manager said that it was being promoted on the district's email distribution list, as well. Chief Cronin noted that the shuttle conveniently stops in front of Del Mar School and the inbound bus stops at the Blackfield Drive intersection [vicinity of Bel Aire School]. I ju'' lay i, k, WIN WEEKLY DIGESTS o n 23 & 2011 Town Council Weekly Dige gust st Aug There being no further business before the Town Council of the Town of Tiburon, Mayor O'Dol,mell adjourned the meeting at 8:07 p.m. DRAFT Town Council Minutes #xx -2013 xxxxxxx, 2013 Page 6 A � i .0 Mayor O'Donnell c e reg I r. eeting of the Tiburon Town Council to order at 7:30 p.m. u'' �' on Wednesday, =�eptemberI8,201-331J Town Council Chambers, 1505 Tiburon Boulevard, 'I Tiburon, Californ' I 911,23VO 11 1111'11111,911: 11111111'1111 Doyle, Fraser, Fredericks, O'Donnell, Slavitz 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, Minute Clerk Terry Hennessy Prior to the regular meeting, the Council met in closed session, beginning at 630 p.m., to discuss the following: CONFERENCE WITH LEGAL COUNSEL — POTENTIAL LITIGATION Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9.1 Case arising from pending expiration of the Town's settlement agreement with the Martha Company t Mayor O'Donnell read and presented a Proclamation entitled, "Town of Tiburon Proclamation Kecognizing and Thanking The Drever Family Foundation. for Art By The Bay". DRAFT Town Council Minutes #xx -2013 September 18, 2013 Page I Isabelle Drever accepted on behalf of the family and foundation, and expressed their appreciation to the Town Council, and other groups associated with the endeavor. She especially thanked Town Mana er Peggy Curran. for her assistance and guidance. 9 C. Marin Telecommunications Authority (MTA) Presentation — MTA and Community Media Center of Marin (CMCM) presentation regarding request for MTA Board of Directors to provide special, interim funding for CMCM. I = SA, I 11 � � I 11111 . 4, , � I , 'Tlmm� . I , SOM It M.- "W= Mak Mr. Eisenmenger used a slide presentation to show comparable budgets of similar agencies in the U.S. and how CMCM provides more training opportunities than other agencies for less cost. He also illustrated equipment depreciation and replacement costs. He emphasized the agency has almost $1 million in reserves. Councilmember Fraser noted they have done a superlative job in the Darin community. He encouraged the community to find a way to keep the Media Center operating. The Mayor asked if others present wished to say anything. Larry Bragman, Fairfax Town Councilmember, noted there had been a Community Needs Assessment done by Tom Robinson, as well as a statistical analysis, and a media center was born from that process. By all measures it has exceeded all its goals and metrics. Harris Coen, filmmaker, said he has been creating videos using the facilities and assisting local non-profits with their fund raising activities. Town Council Minutes #xx -2013 September 18, 2013 Page 2 Marty Perlmutter, Tiburon resident, said he uses their facilities and has shown his work globally. Lynn Fox, Tiburon resident, said she has used their equipment for education project, for only $25 fee. Itruce Bagnoli, CMCM Board Chair, asked Council to consider the Media Center as an r�electronic commons". It provides wonderful programming for educators and, without additional support, the program is at risk. Their primary focus is to reach Marin residents. The Mayor thanked them for their presentation. The Mayor moved the Public Hearing as the next item on the agenda. Z71 1. 20 Upper Cecilia Way — Consideration of application to amend the Tiburon Highlands Precise Development Plan to expand the existing building envelope in order to construct an exterior stairway at the rear of the house (Assistant Planner O'Malley) Applicants: Michael and Audrey Levernier AP No.: 034-360-24 In response to a question from Vice Mayor Fredericks, the Director of Community Development stated there had been a few similar requests to for minor adjustments to the building envelopes and there had been no adverse results; these requests are handled on a case by case basis. Michael Heckmann, architect representing owner Michael Levernier, who was also present, stated there is an existing spiral staircase which is unsafe for their twin boys and their elderly parents. Current access is difficult to the back garden. The Mayor opened the Public Hearing. There being no comments from the public, the Mayor closed the Public Hearing. MOTION: To adopt Resolution of the Town Council of the Town of Tiburon Approving an Amendment to the Tiburon Highlands Precise Plan (PD #15) to Extend Building Envelope on Property Located at 20 Upper Cecilia Way, as written. DRAFT Town Council Minutes #,Yx -2013 September 18, 2013 Page 3 Moved: Fraser, seconded by Fredericks k7ote: AYES: Unanimous I Tiburon Boulevard Relinquishment Analysis — Consideration of budget amendment to fund Caltrans Project Scope Summary Report (PSSR) and request for direction regarding Assembly Bill 747, the legislation authorizing relinquishment (Town Attorney Danforth, Town Manager Curran, Public Works Director Nguyen) The Town Manager presented the staff report which outlined the previous steps taken. in the process of consideration of the Town asking Caltrans to relinquish the downtown portion of Tiburon Boulevard from Lyford Drive to Main Street. The Town sent a Letter of Interest on 5/2112; staff reported to the Council on 2/20/13 on the costs and benefits and the next step, which is the preparation of a Project Scope Study Report (PSSR). Caltrans prepares this required report, but the Town must pay its cost of $ 108,000. Curran said that at that same 2/20/13 meeting, Council appointed an ad hoc committee composed of Mayor O'Donnell and Vice Mayor Fredericks to work with staff and Caltrans. Council also directed the staff to work with Assemblyman Marc Levine's staff to introduce legislation that would enable Caltrans to relinquish control the portion of Tiburon Boulevard in question. Subsequently, AB747 was introduced, and can be kept on hold till August 2014, the end of the legislative session. She also said that Mayor O'Donnell sent a letter asking Caltrans to consider reducing the cost of the PSSR or offer other consideration; they responded in July of 2013, declining any reductions per their policies on relinquislu-nent. The Town Manager said that Staff asks that Council to consider funding the PSSR, which evaluates the environmental, engineering and other aspects of the subject property and includes a survey. She said the PSSR will take 12 to 14 months and costs $108,000, requiring a budget amendment. The Council is also being asked to decide whether to proceed with the adoption of AB 747; the express language of AB 747, by itself, does not allow Caltrans to relinquish the roadway unilaterally; it may only occur if the Town and Caltrans reach an agreement providing for that relinquishment. She said that Staff recommends that the Council direct Staff to lift the hold on AB 747, rather than postpone enactment until the Council had made a final decision whether to assume responsibility for the roadway. In response to a question posed by Vice Mayor Fredericks, Town Attorney Danforth explained that initially Staff thought the Town would have sufficient information to make that decision during this legislative session. But that will not be the case because of delays in starting the PSSR. Attorney Danforth said if this legislative session passes by with enactment of AB 747, the process would have to start over, adding a year to the already lengthy process. She said Town Council Minutes #xx -2013 September 1 8, 2013 Page 4 Council could permit enactment of the law now to avoid the need to re-starting the process in the future; the law would enable Caltrans to relinquish the roadway only with the Town's consent. She also said it is not necessary to wait for the PSSR to move forward with the legislation. In response to another question by Vice Mayor Fredericks, the Town Engineer outlined the parameters of the PSSR. There was a general discussion amongst the Councilmembers regarding the contents of a PSSR, which is a Caltrans requirement before it can relinquish property. Per the Town Engineer, the PSSR offers some benefit to the Town of enhancing the Town's data base regarding boundaries and -utilities. In response to a question from Councilmember Slavitz, the Town Manager explained that annual maintenance is anticipated to be approximately $35,000, but an additional reserve amount would be set aside for periodic repaving, so the annualized cost for both these expenses would be approximately $125,000. In response to another question from Councilmember Slavitz, the Town Engineer stated that discussions with Caltrans had not proceeded to discuss additional costs but he knew there would be administrative costs. Councilmember Slavitz wondered what the rationale would be of doing an analysis now prior to knowing what the Town wants to do with the property after it is acquired; he understood there were discussions regarding a round-about near the library and other ideas he was not in attendance to hear. Councilmember Fraser said that the Town's Circulation Element and a long-term vision for the towntown, along with additional energy from a new property owner urged acquisition of this sectio- v_o-fT In response to a question from Mayor O'Donnell, the Town Manager noted there are a number of areas the Town might want to reconfigure to make the Boulevard more functional. She said the Allens had reported some preliminary discussions with Caltrans regarding the right-of-way, including an apparent willingness on Caltrans' part to consider selling part of the right-of-way to them. Manager Curran added this was new information that had not been verified yet. The Town Manager emphasized the Town may wish to control what happens on Tiburon Boulevard; she said the possibility of Caltrans selling off right-of-way raised the question of whether the Boulevard would simply sit there unchanged without relinquishment, or if portions of it might start shifting into private ownership, altering the integrity of the right-of-way as a whole. MEMO Randy Greenberg, Tiburon resident, suggested Council to ask Staff to create a list of the Town's vision for this section of Tiburon Boulevard; she strongly urged Council not to spend the $108,000 of residents' money before learning what the actual benefits will be. DRAFT Town Council Minutes #xx -2013 September 18, 2013 Page 5 There being no further comments, the Mayor returned the discussion to the Council. Vice Mayor Fredericks noted in her experience the Boulevard has been paved twice from 1996 to 2011. Caltrans stated it should be paved every 8 years. She also noted revenue for paving is drying up; gas tax money is diminishing and the Council is looking at general funds to pay annual costs; and expressed concern about spending down their reserves; concerned about variables such as water tabs; sea rising; earthquakes. Vice Mayor Fredericks thought the Council should conduct a cost benefit analysis, noting a consultant will know what to look for. She said she did not have an opinion for or against the relinquishment at this time; had no objection to going forward with the legislation as long as it doesn't commit the Town to anything. She expressed her concern about going forward and expending any money without solid information and some vision of benefits. Councilmember Fraser noted previous Councils did a sterling job of maintaining financial stability; noted the Town has used reserves for very positive results for the downtown plan; stated the Council needs to determine key strategy; agreed there is a need to look at other elements; his experience shows him we need to do some risk taking; if we don't plan for the future one stands still and will wind up in last place. Fraser enumerated recent accomplishments such as Lyford Parking lot; downtown Fountain; Library expansion; Cove Shopping Center vibrancy - all result of forward vision. He also noted the Council's ad hoc Committee for Downtown Revitalization has support of the business community. He suggested that spending money now is the right thing to do for the future; the Council might find out this is a project they do not wish to take on; if the Council waits to do everything in order, it might take 5 or 6 years. Councilmember Doyle stated that he agreed with Randy Greenberg's comments but also thought sometimes one needs to spend money to make good decisions. Councilmember Slavitz noted he missed two years of this discussion. He recognized the Town has done some wonderful things and likes the idea of the Town having control over the downtown. He said he definitely supported going ahead with legislation and PSSR; thought the PSSR would add to cost benefit analysis. He did express his concern regarding spending $125,000 annually plus improvements; it adds a lot to the Town's expenses without a new revenue source, and the Town needs to evaluate whether it's an expense the Town can handle. He asked the Council to decide if they are willing to spend funds on paving every 10 years in lieu of other projects. Town Council Minutes #xx -2013 September 18, 2013 Page 6 Mayor O'Donnell noted the Council would have to spend more money to see if this is the direction they want to go; thought the PSSR and subsequent cost benefit analysis will help the process as to what they want to pursue; agreed with Councilmember Slavitz's concerns of the ongoing $125,000 annual costs. Town Manager Curran noted the Town would want and need an outside consultant to provide cost • f. expected . PSSR to take f year • complete s • would ask Caltrans consultant provide the survey when complete and she would come back to Council to authorize funds for a • benefit analysis. Vice Mayor Fredericks commented that she didn't think the PSSR would provide a lot of information. MOTION: To direct Staff to pursue final enactment of AB 747 during the 2013 -14 Legislative Session. Moved: Fraser, seconded by Doyle Vote: AWES: Unanimous 2. Parking Plan — Consideration of recommendation to appoint an ad hoc Parking Committee of two Councilmembers, direct the Committee to work with staff on the development of a comprehensive approach to parking for future Town Council consideration and authorization funds (Community Development Director Anderson, • Manager Curran) The Director of Community Development reviewed the staff report which requested creation of an ad hoc committee to study and consider the issues outlined in the Downtown Circulation and Parking Analysis report and the possibility of parking enforcement private lots, and asked the Council to authorize up to $1 0,000 for consulting services in support of the committee's efforts from the adopted budget. ouncilmembers Fraser and Doyle volunteered to be on the ad hoc committee. A member of the public asked if there would be an opportunity for public input, and the Mayor assured her there would be. To appoint Councilmembers s r • Doyle to the . hoc Parking Committee. Moved: Slavitz, seconded by Fredericks Vote: AWES: Unanimous DRAFT Town Council Minutes #xx -2013 September 18, 2013 Page 7 MA, There being no further business before the Town Council of the Town of Tiburon, Mayor O'Donnell adjourned the meeting at 9:30 p.m. EMMETT O'DONNELL, MAYOJI Town Council Minutes #xx -2013 September 18, 2013 Page 8 M TOWN OF TIBURON 1505 Tiburon. Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Director of Public Works Nicholas Nguyen Town Council Meeting October 2, 2013 Agenda Item: Subject-. Resolution Commending Public Works Maintenance Worker I David Detomasi Upon His Retirement Following 16 Years of Service With the Town of Tiburon ��, MR VVMK �411 '2111 On October 18, 2013 Maintenance Worker I David Detomasi will conclude 16 years of service to the Town of Tiburon and retire from public service. David has made an indelible impression upon the community, the Department of Public Works, and the quality of life in Tiburon. 1,1111110CM6104 1051,1101 Staff recommends that the Town Council: 1. Move to adopt a resolution commending Maintenance Worker I David Detomasi for his 16 years of service with the Town of Tiburon. Exhibit: Resolution Prepared By: Nicholas Nguyen, Director of Public Works TOWN OF TiBURON PAGE I OF 1 A Resolution of the Town Council of the Town of Tiburon Commending Public Works Maintenance Worker I DAVID DeTOMASI on his Retirement from the Town of Tiburon Public Works Department Whereas, David began his career at the Town of Tiburon Public Works Department on September 2, 1997, as Maintenance Worker 1, under then Superintendent of Public Works, Tony lacopi; Whereas, as a resident of Tiburon, whose family has deep roots in the community, David is one of a long line of locals who has stepped up and worked for the Town to keep it in good stead; and Whereas, David is known for his hard work, loyalty and dedication, traits he no doubt learned at home and honed during his military service in the U.S. An-ny; Whereas, over the last 16-plus years, David has been instrumental in many important town projects, such as the construction of concrete slabs, catch basins, drainage culverts, and the care and maintenance of these facilities, which are the essential infrastructure of the Town; and he has also risen to the occasion to protect the Town during many winter storms, braving the elements to ensure the safety and welfare of its residents. Whereas, David has always been a dedicated and diligent worker who has exemplified the spirit and dedication of the Public Works Department of the Town of Tiburon, and he will be greatly missed by all who have worked with him. NOW THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby heartily thank and congratulate David DeTomasi for his more than 16 years of distinguished and dedicated service to the Town of Tiburon and our community. PASSED AND ADOPTED at a regular meeting of the Town Council on October 2, 2013, by the following vote: IM TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 I 1 w Town Council Meeting October 2, 2013 Agenda Item: Cc — Subject: Recommendation To Accept The 2012 Del Mar Neighborhood Street Improvement Project And Authorize The Filing Of The Notice Of Completion For The or Reviewed By: On July 18, 2012, the Council authorized staff to advertise and seek bids for the construction of the project. The project was posted and advertised as required by the State of California's Public Contract Code. In addition to the required advertising notice, the Town sent notices inviting bids to construction trade publication plan rooms, and bids were opened on September 13, 2012. The contract was awarded to Synergy Project Management, Inc. on September 19, 2012 in the amount of $964,879.88, plus 17 percent for contingency. Work consisted of asphalt concrete grinding and resurfacing, localized base repair, sidewalk repair, traffic striping, and other related work. The work was substantially completed on September 6, 2013, and included 11 change orders for unforeseen items. Based on the work performed, material installed, and total change orders, the final construction project cost is $912,116.33, delivering the construction project under the awarded budget. Sufficient funds programmed in the FY 2012-13 year to cover the project will be charged accordingly. The project ran into delays as a result of initial non-compliant workmanship. However, the quality of the installed and revised work complies with the overall project specifications. Additional construction management effort was needed to accommodate the delays. However, the additional fees remained within the allocated budget. T*0W11 COU11-CANNIeCtill".T Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the Town Council, and upon completion of the 35 day period, release the retention funds to the contractor pending release of any stop notices or Town claims. Exhibits: Resolution Accepting The 2012 Del Mar Neighborhood Street Improvement Project, And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer 17()'W'N OFTIBURO/Ni" Page 2 of 2 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE 2012 DEL MAR NEIGHBORHOOD STREET IMPROVEMENT PROJECT, AND AUTHORIZING OF THE NOTICE OF r FOR THE WORK WHEREAS, The Town Council budgeted funds in Fiscal Year 2012 -13 to complete the project; WHEREAS, Synergy Project Management, Inc. was awarded the contract on September 19, 2012 to perform the work; WHEREAS, The construction of the project was substantially completed under budget on September 6, 2013; and WHEREAS, The final construction cost, including payment of total quantities installed is $912,116.33. NOW, THEREFORE, E IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the construction of the 2012 Del Mar Neighborhood Street Improvement Project as complete by Synergy Project Management, Inc. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to release the retention payment 35 days after the recordation date of the Notice of Completion, pending release of any stop notices or Town claims. PASSED AND ADOPTED at a regular meeting of the Town Council on the 2nd day of October, 2013, by the following vote, to wit: FWAVaI�T.�11 1/1 When recorded mail to: Town of Tiburon Diane Crane lacopi, Town Clerk 1505 Tiburon Blvd Tiburon,, CA 94920 iij� girql�111 li� 111 1, Town of Tiburon NOTICE OF COMPLETION OF IMPROVEMENT NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 6`'' day of September, 2013, and accepted the 2 °d day of October, 2013; that the name, address and nature of the title of the party giving this notice is as follows: The Town of Tiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town has an easement; that said work or improvement is described as follows: JT and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on 5 20 TOWN OF TIBURON A Municipal Corporation LINE Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer 1/2 ffff.'"Weam Us [4 Lei 1A 9 1 Mel = 04 CA 1 14 aim On this day of , 20_, before me, DIANE CRANE IACOPI, Notary Public, personally appeared Nicholas T. Nguyen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 2/2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Office of the Town Attorney Community Development Department Town Council Meeting October 2, 2013 Agenda Item: 41-- Recommendation to Approve Extension of the Memorandum of Understanding with the Martha Company The Martha Company ("Martha") has submitted a request for the Town to extend the expiration date of the Memorandum of Understanding ("MOU") between the Town and Martha that was entered into in 2009. The MOU is set to expire on December 31, 2013, and Martha's request is for an extension until June 30, 2014. The Martha Company's efforts to develop its 110 acre parcel began approximately 40 litigious years ago. During that period, the County fought, lost and settled two lawsuits. The two settlement agreements severely limited the County's ability to regulate development on the Martha property. The first lawsuit was Martha's challenge of the County of Marin's 1973 General Plan and 1974 down-zoning of the Martha property. That litigation resulted in a 1976 Stipulated Judgment ("1976 Settlement"), which contained the following key components: The County would approve a minimum of 43 single-family lots, each at least one-half acre. The County would allow development within the Ridge and Upland Greenbelt portion of the site. Martha would offer approximately 50% (but not less than 48%) of the property to the County for dedication as public open space. The County could develop a hiking trail in the open space area (assuming the offer of dedication is accepted). Martha would provide reasonable access to the trail. After the 1976 Settlement, Martha made little effort to develop the property for many years. In the 1990s, the company submitted two separate applications to the Town of Tiburon, contemplating annexation, but abandoned both during the environmental review process. I In 2005, Martha applied to the County for 40 residential units. The County rejected the application and filed a lawsuit seeking to have the 1976 Judgment invalidated for prospective use and a declaration as to the rights of the Town of Tiburon and several individuals who live near the property. In 2007, the federal court issued a second stipulated judgment, which upheld the original judgment for at least 43 units on minimum half-acre lots, with some development within the Ridge and Upland Greenbelt area. The parties then entered into a new settlement agreement ("2007 Settlement") that incorporated several critical new concessions from the County, including the following: All 43 lots are to be placed on geologically safe portions of the site, without the necessity for extensive landslide repair. Any development alternative or mitigation measure that does not accord Martha all the rights granted by the 1976 Judgment is legally infeasible unless required to assure health and safety (i.e., aesthetics and the general welfare would not be a sufficient basis to deny or condition the project). Martha is not required to provide any affordable housing on-site or off-site or to provide payment of in-lieu fees for failure to provide such housing. The Marin County Planning Commission is limited to a "one-day advisory hearing" on the project applications prior to the item being forwarded to the County Board of Supervisors for a decision. Martha and the County of Marin agree that in order to implement the 1976 Judgment, the Town of Tiburon should not annex the property until after a Final Subdivision map has been recorded (i.e., after the 43 lots have already been created). ➢ Martha must mitigate impacts on endangered, threatened or otherwise protected species. The 2007 Settlement also required the County to complete its CEQA review and take action on the project within 14 months of submittal of the application. Martha filed an application for the 43-unit Easton Point project in 2008 ("43 Unit Project"). The 14-month deadline expired on February 2, 2010, but the application process has continued. The County Board of Supervisors will meet to consider the project's final EIR on October 22, 2013. I J • I I Any development of the Martha property will inevitably affect Town residents; the property is highly visible and is likely to be accessed through neighborhoods within the Town. Accordingly, the Town has followed the various development proposals closely and was briefly a party in the 2005 litigation between the County and Martha. Well before the 2007 Settlement, the Town began looking for development plans that would have lesser impact on Town residents. Staff was unable to formulate any 43-unit plan that was remotely acceptable and which also met the provisions of the stipulated judgments. After Martha filed the Easton Point application, several neighbors of the property petitioned the Town for pre-zoning of their properties as a prelude to annexation of the area. On July 1, 2009, the Town Council adopted Ordinance No. 516 N.S., pre-zoning approximately 230 acres of land; the area pre-zoned for eventual annexation comprised the entire southeastern tip of the Tiburon Peninsula, including the 110 -acre Martha property. N Martha brought suit against the Town and the pre-zoning applicants, challenging the Town's environmental review of the ordinance under CEQA. This litigation brought the Town and Martha back to the bargaining table. After several months of negotiation, the parties entered into the MOU on November 12, 2009. The MOU contemplated a 32-unit lower density project ("32 Unit Project"), which the County would study as a project alternative in its EIR for the 43 Unit Project. The 32 Unit Project would protect the primary ridgeline on the property and keep most or all of the project's construction traffic out of the Town's residential neighborhoods. Pursuant to the MOU, the superior court stayed both the litigation and the Town's pre-zoning ordinance. The MOU is a conditional settlement agreement, in that it resolves the underlying litigation if several conditions are met. In essence, the conditions are as follows: The County must approve the 32 Unit Project. Any changes to that project must be acceptable to both the Town and Martha. )-e The County must enter into a development agreement for the 32 Unit project. The Town Council must satisfy itself that the 32 Unit project will not result in conditions dangerous to health and safety. The MOU provides that if the County and Martha did not enter into a development agreement for the 32 Unit Project by June 30, 2010, the MOU would expire. The parties have extended this deadline several times. As noted above, the current extension expires on December 31, 2013 and Martha has requested an additional extension to June 30, 2014. The question before the Council is whether to further extend the MOU. Although four years have passed since the Town and Martha entered into the MOU, the issues have not changed. The Town entered the MOU based on several important assumptions: • Given the litigation history of this project, the County of Marin will be very careful to approve any development application that is consistent with the 1976 and 2005 Settlements. In all likelihood, the County will approve a 43-unit project unless Martha agrees to a lesser number. • Martha will accept the 32 Unit Project to buy its peace with the Town and avoid the threat of annexation, but would otherwise insist on 43 units. • From the Town's perspective, the 32 Unit Project is preferable to any 43-unit project that has been formulated to date. Staff continues to believe that these assumptions are correct. The EIR has revealed some concerns regarding the 32 Unit Project, including with regard to fire flow and water pressure. However, the EIR identifies feasible mitigation measures for these impacts, and available evidence indicates that the 32 Unit Project is preferable to the 43 Unit Project overall. The EIR concludes that the 32 Unit Project is the "environmentally superior" development alternative. EIR photosimulations comparing the 43 Unit Project and the 32 Unit Project from two public open space vantage points will be on display at the Council meeting. x'vv.n, ("0 U 1,11CH 0 In 2009 and now, the MOU appears to be the Town's best opportunity to remain engaged in the development process and ensure that the ultimate project would have less impact on the environment and surrounding communities than the 43 lots authorized by the County's 1976 and 2007 Settlements. That being said, the current Council may view the issues differently than did the 2009 Council. There is no direct financial impact associated with authorizing an extension of the MOU. Staff recommends that the Town Council: 1. Move to approve the requested amendment to the November 12, 2009 MOU and 2. Authorize the Town Manager to sign the amendment (Exhibit 1) on behalf of the Town. Exhibits: Draft Amendment Prepared By: Ann R. Danforth, Town Attorney Scott Anderson, Director of Community Development ............. The Memorandum of Understanding entered into the 12"' day 'of November, 2009, by and between the Town of Tiburon and Martha Co., as amended on March 22, 2010, June 9, 2011, and April 3, 2012, is hereby amended as follows: The termination date shown in Paragraph 10 is changed from December 31, 2013 to June 30, 2014. IN WITNESS WHEREOF, the parties hereto have executed this Amendment #4 to the Memorandum of Understanding as of the date written below and have initialed the hand-written changes on the attached Exhibit A. Date: Approved as to Form: am Ann Danforth, Town Attorney Date: Approved as to Form: Loan Margaret A. Curran Town Manager MARTHA COMPANY, a California Corporation M31 . Keegin Harrison Schoppert Smith & Darner LLP ob Paul C. Smith Mark E. Reed Secretary JE-11-11"E.--.111, I.-LIT NO.-t- TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Community Development Department Office of the Town Manager Town Council Meeting October 2, 2013 Agenda Item: Recommendation to Consider Acceptance of Flagpole Proposed for Donation to Town Including Style of Flagpole and Possible Locations Mr. Ed Lynch has approached Town Council and staff regarding the possible installation of a flagpole in the Downtown area. Mr. Lynch had also discussed this proposal with the late Councilmember Richard Collins, who had been supportive of the idea. While not part of the original concept, it has been suggested that the flagpole might serve a commemorative function in honor of Mr. Collins. There are a number of sizeable flagpoles, often flying the Stars and Stripes, in the Downtown area at present. These include at the Library/Town Hall; U. S. Post Office, Tiburon Fire Protection District, Sanitary District No. 5, Corinthian Yacht Club, Railroad-Ferry Museum, and commercial buildings at 55 Main Street and 1660 Tiburon Boulevard, among others. To assist the Town Council in determining the appropriateness of a new flagpole and possible locations to install it, staff analyzed two different flagpole style options and four possible locations. The flagpole styles are: 1) A traditional, approximately 24-foot-tall flagpole flying the Stars and Stripes; and 2) An approximately 24-foot-tall nautical "yardarm-style" flagpole flying the Stars and Stripes with the Town of Tiburon's flag and decorative small flags below. The four locations analyzed in this report are as follows: 1) Center of Ferry Plaza Paved Area 2) Grassy Knoll adjacent to Ferry Plaza 3) Center of the Turning Circle at the Tiburon Boulevard terminus 4) Lyford Drive Multi-Modal Parking Lot Entryway Area Town Council Meeting C October 2, 201.3 Photo simulations have been prepared for all eight options and are attached as Exhibit 1. Except for occasional half-mast settings, the Stars and Stripes would remain in place at the top of the pole at all times; ground-mounted lighting would be provided to allow the flag to be flown at night; and there is the potential for a commemorative plaque near the base of the flagpole. Flagpole Design In reviewing the photosimulations, the nautical design theme with the yardarm appears overly busy. The simpler, cleaner look provided by the standard flagpole arrangement appears superior in all the locations simulated, in staff s opinion. In windy climates, noise from flagpole installations can be of concern, especially in more complicated arrangements when metal on metal contact may occur during windy conditions. Simpler designs with fewer mechanisms are preferable from a noise standpoint. Flagpole Location Site #1: Center of Ferry Plaza Paving (Photosims I and 2) General: This location would provide visibility of the flag from a considerable portion of Tiburon Boulevard through Downtown. Installation issues: Installation of the pole would entail displacement of the paver stones in the affected portion of Ferry Plaza. Staff suggests a low seat-wall could be constructed around the flagpole that would provide additional casual seating in Ferry Plaza. Some relocation of existing benches might be desired or required. Lighting: Running an electrical line to the flag's light source, which is usually located near the base of a flagpole and faces more or less straight upward, would also require displacement of stone pavers for installation. The light fixtures could be installed within the seat-wall perimeter and out of harm's way. Staff considered solar-powered lighting, but concluded that a solar array with battery back-up would be visually inappropriate for this location. Visibility and view issues: The flagpole would be located in the water view from Tiburon Boulevard and from portions of the Point Tiburon Plaza. There would be no water view obstruction from nearby dwelling units. The backdrop when viewed from the Point Tiburon Bayside units is comprised of Guaymas Restaurant and Belvedere Island. A flagpole flying the Stars and Stripes is a complementary use in a public park. The proximity of the flagpole at the Railroad-Ferry Museum to this site is a consideration for this placement as well as the next two sites evaluated below. Site #2.- Grassy Knoll adjacent to Ferry Plaza (Photosims 3 and 4) General: This location is slightly east of Site 41 and the flagpole would be more prominently visible in the foreground of the Bay view in this location. No seat wall would be required or advisable in this location. The grassy knoll area is popular public seating on warm sunny days and is a favored sitting point by picnickers. The flagpole would reduce the usability of this area for sitting and public enjoyment purposes. Shoreline Park has limited seating of this nature. Page 2 of 4 TOWN OF TmtTRON Town Council Meeting October 2, 2013 Installation issues: The flagpole could easily be anchored into the ground in this location. Installation of the improvements on this site would cost less than the location within the paved area of Ferry Plaza. Lighting fixtures in this location would be plainly visible, subject to damage, and could be tripping hazards. An appropriate setting for a plaque might also be problematic. Lighting: An electrical line could be run from a nearby lighting source through a narrow trench in the grass area to power the required lights for the flag. Visibility and view issues: Similar to Site #1. The flagpole would be located in the water view from Tiburon Boulevard and from portions of the Point Tiburon Plaza. There would be no water view blockage from nearby dwelling units. The backdrop for the Point Tiburon Bayside units is primarily Guaymas Restaurant and Belvedere Island, with many of the masts in the yacht club marina in view. A flagpole flying the Stars and Stripes is a complementary use in a public park. Site #3.- Turning Circle at Terminus of Tiburon Boulevard (Photosims 5 and 6) General: This location is slightly north of Site #2. The turning circle is not part of a pedestrian walkway system and is somewhat difficult for the public to access. Few people walk past the existing centerpiece of the circle (the ship's anchor) or have cause to read its associated plaque; the same would be true for a flagpole in this location. It thus might not be a logical location for a commemorative feature should that be the Council's intention. Installation issues: Installation of the pole might entail relocation of the anchor currently in the center of the turning circle. The anchor was a gift to the Town of Tiburon from the Corinthian Yacht Club in the 1960's. Lighting: Running an electrical line to provide power to the flag's light source could be problematic and would probably entail trenching of the public street to connect with the closest light pole. Solar lighting would also be visually inappropriate at this location. There would be ample room for up-lights and a plaque, and they would not pose a tripping hazard. Visibility and view issues: Very similar to Site #2. The flagpole would be located in the water view from Tiburon Boulevard and from portions of the Point Tiburon Plaza. The backdrop from certain Point Tiburon Bayside units would include Guaymas Restaurant and Belvedere Island, as well as the ship masts in the yacht club marina area. Site 44: Lyford Drive Multi-Modal Parking Lot (Photosims 7 and 8) General: This location would seem apt for a commemorative feature to Councilmember Collins, as he was the driving force behind the construction of the Lyford Drive Multi-Modal Parking Lot. The flagpole could add interest to the parking lot, which currently lacks colorful vertical features. This location is the only one not located along the Downtown waterfront. Installation issues: Installation of the pole could occur in an existing landscaped area near the entry to the parking lot. One or two recently planted trees might need to be relocated. There is ample space for ground-mounted lighting and a commemorative element. T(-)\\,'N oi:� TIM I RON Page 3 of 4 Town Council Meeting October'-), 2013 Lighting: Electrical power for the lighting could easily be provided from the nearest light post approximately 10 feet away, with no trenching needed other than through the landscaped area. Visibility and view issues: This location is not particularly sensitive with respect to views. Belvedere Island forms the backdrop from the surrounding Tiburon developed areas. The project sponsor indicates that funds would be raised through private donations to cover reasonable installation costs. In the event insufficient funds were raised, the project could be dropped, or the Town Council could choose to cover the balance of costs, possibly with the funds in the Richard Collins Town Improvement Fund established by Councilmember Collins' family after his death. This fund has $3,180. Staff has not ascertained the cost of this project. If the Town Council wishes to proceed, staff will work with the project sponsor to determine the appropriate materials and site treatment. The project sponsor has indicated that ongoing management and maintenance of the project would be relatively minimal, primarily consisting of periodic flag and cord replacement and repainting of the flagpole as warranted. The sponsors have also offered to raise and lower the flag as appropriate or necessary. Formal arrangements regarding costs, installation, ongoing maintenance, and so forth would need to be made prior to moving forward with the project. N 11 113 It is recommended that the Town Council: 1. Consider whether to support the concept of an additional flagpole in or near the Downtown area. 2. If supportive, provide direction to staff regarding the preferred location for such a flagpole and the preferred style of flagpole. 3. Direct staff to further research any favored location and return to the Council with a more detailed financing and installation plan for public review and comment. 101,442 1. Photosimulations (8) Prepared By: Scott Anderson, Director of Community Development Peggy Curran, Town Manager I Page 4 of 4 To\vN OF TIBI RON 0 A FA 0 I /A F, ) >�) < \ o c (� � { � \ P- } �9 . k\ ~ /\ 4( {` } � f R w Z 4z s� t Ra z bra x §' ���\ .�! a� � \ � i » \� ^� � \ � ; / � . ..� } � } \ � � ) > � ) � »3 � j ` � } as � d\ { : © � \ r � } � TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Council Meeting October 2, 2013 Agenda Item: T\ V94 On July 18, 2013, the Design Review Board approved a Site Plan and Architectural Review application for the construction of a new single-family dwelling, with variances for reduced front yard setback and excess lot coverage, on property located at 5 10 Ridge Road. The owner of the property at 600 Ridge Road (Bruce Breitman), hereinafter referred to as the "appellant," has filed a timely appeal of the Board's decision. The appeal is attached as Exhibit 1. The appeal was originally scheduled for the September 4, 2013 Town Council meeting, but was continued at the request of the appellant and agreement by the applicants. The original staff report and attachments prepared for that meeting are attached. Prepared By: Daniel M. Watrous, Planning Manager S: WdministrationtTown CouncibStqff Reports12013Dctober 2 DraftsU10 Ridge Road appeal cover memo.doc TOWN OF TiBURON PAGE 1 OF 1 too Ifalm TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Mayor and Members of the Town Council Town Council Meeting September 4, 2013 Agenda Item: Address: 510 Ridge Road Assessor's Parcel: 059-091-24 File Number: 21304 Property Owners: Paul Wong And Julie Huh Applicant: Swath Miers Architects Appellant: Bruce Breitman, 600 Ridge Road Lot Size: 20,647 Square Feet Zoning: RO-2 (Single-Family Residential-Open) General Plan: Medium Density Residential Flood Zone: X (Outside 500-year storm event) On July 18, 2013, the Design Review Board approved a Site Plan and Architectural Review application for the construction of a new single-family dwelling, with variances for reduced front yard setback and excess lot coverage, on property located at 510 Ridge Road. The owner of the property at 600 Ridge Road (Bruce Breitman), hereinafter referred to as the "appellant," has filed a timely appeal of the Board's decision. The appeal is attached as Exhibit 1. The applicant is requesting Design Review approval for the construction of additions to an existing two-story single-family dwelling on property located at 510 Ridge Road. As more than 50% of the existing dwelling would be demolished as part of this project, the application is classified as the construction of a new single-family dwelling. An existing detached accessory building will also be demolished as part of this project. TOWN OF TIBURON PAGE 1 OF 5 Tmvni Cm:InIf`1I Nlelctincy S 2,013) The upper level of the house would include a living room, dining room, kitchen and a powder room. The lower level would include a master bedroom suite, three additional bedrooms, three more bathrooms, and a family room. A two-car garage would be situated at the upper level. The driveway would be reconfigured and a new yard and play area would be installed in the location of the existing driveway and accessory building. The floor area of the house would be 4,008 square feet, which would be 57 square feet less than the floor area ratio for a lot of this size. The lot coverage on the site would be 3,343 square feet (16.2%) of the site, which would be greater than the 15.0% maximum lot coverage permitted in the RO-2 zone. A variance is therefore requested for excess lot coverage. The proposed house and garage would extend to within 27 feet, 6 inches of the front property line. As a 30 foot front yard setback is required in the RO-2 zone, a variance is also requested for reduced front yard setback. I ply's I DMAIIIII The Design Review Board first reviewed the application on June 6, 2013 (see minutes and staff report attached as Exhibits 2 & 3). At that meeting, several neighboring residents, including the appellant, raised concerns about potential view blockage and lighting impacts from the proposed project. The Design Review Board shared some of these concerns, particularly with the amount of glazing on the house and issues of visual mass of nighttime light pollution. The applicant was directed to prepare revised project plans and the application was continued to the July 18, 2013 Design Review Board meeting. The applicant subsequently submitted revised plans that included the following changes to the previous project design: The skylights were reduced in depth to 18 inches and angled 30 degrees away from the properties uphill from the site. The parapet that was situated between the skylights and the front of the house was eliminated. The north-facing dining room window was reduced in width from 13 feet, 8 inches to 3 feet, 8 inches. Vertical wood screens were proposed in front of the lower level corridor windows. The garage door was changed to a "back-painted, etched (opaque and non-reflective) glass" material. At the July 18, 2013 meeting (see minutes and staff report attached as Exhibits 4 & 5), the appellant and the owner of the property at 601 Ridge Road again raised concerns about potential view blockage and lighting impacts from the proposed project, while several other nearby residents spoke in support of the revised project design. The appellant also raised concerns about potential view blockage issues that might arise from bay laurel trees that were proposed to be planted, along with blockage from an existing redwood tree on the site. The appellant requested that an additional wood screen be extended adjacent to the proposed dining room window to further reduce nighttime light from that portion of the house. TOWN OF T RON PAGE 2 OF 5 4, 201_"'� The Design Review Board determined that the revisions to the project design were sufficient to minimize light and glare that would be visible to the appellant and that the proposed wooden screen would intrude into the view for the neighbor at 601 Ridge Road. The Board also determined that the proposed house would improve views of Ayala Cove from 601 Ridge Road and would otherwise create only minor view intrusions for the neighbors. The Board agreed that the proposed bay laurel trees and existing redwood tree were inappropriate. The Board voted 5-0 to conditionally approve the project, with the additional condition of approval to remove the redwood tree and replace the bay laurels at the discretion of Town staff with shorter, faster-growing species. On July 29, 2013, the appellant filed a timely appeal of this decision. There are three (3) grounds upon which the appeal (Exhibit 1) is based: Ground # 1: The north-facing upper level entry windows should be reduced in size to clerestory windows or should be screened. Staff Response: The subject house would be situated at a slight angle away from the alignment of Ridge Road, with the north-facing entry windows roughly perpendicular to the roadway. These windows would be visible at an oblique angle from the appellant's residence and would not face directly uphill. At the June 6, 2013 meeting, the consensus of the Design Review Board was that the proposed house would have had too much window area facing uphill toward the appellant's home. These specific concerns centered on the size of the dining room window, with several Boardinembers noting that the existing house included a number of existing windows that were visible from uphill properties. At the July 18, 2013 meeting, the Board determined that the 10 foot width reduction for the dining room window had addressed their concerns about light from the windows on the side of the house. The Board felt that this window change substantially reduced the amount of visible window area and result in little difference from the amount of light visible from the existing windows of the house. Therefore the Board determined that no other changes to the windows were necessary to address the appellant's light pollution concerns. Ground #2: Louvers should be installed on the north-facing dining room window. Staff Response: As noted above, the dining room window was originally designed with a width of 13 feet, 8 inches. At the June 6, 2013 meeting, the Design Review Board cited the size of the dining room window as a particular concern. The applicants modified the project design to reduce the width of TOWN OF TIBURON PAGE 3 OF 5 Sc. 1.-,�tendbdcr 4,1 '1013" that window by 10 feet to 3 feet, 8 inches. At the July 18, 2013 meeting the Board determined that this was a substantial enough change to reduce light from the windows to nearly the same levels that are visible from the windows of the existing house. At the July 18, 2013 meeting, the appellant's attorney requested that an additional wood screen be extended perpendicular to the house adjacent to the proposed dining room window to further reduce nighttime light from that portion of the dwelling. The Design Review Board determined that this wooden screen was not necessary due to the substantial size reduction of this window, and that the screen would intrude into the views of Ayala Cove from the home at 601 Ridge Road. Ground #3: More information should be provided for the proposed louvers for the north- facing lower level hallway windows® Staff Response: The applicants' architect presented detail drawings of the proposed louvers as part of a PowerPoint presentation made at the July 18, 2013 meeting. A copy of the detail is attached as Exhibit 8 and a copy of this detail has been provided to the appellant. The wood louvers would be approximately 3 inches wide, 6 inches deep and spaced 4 inches apart. Given the angle from which these windows would be seen from the appellant's home, these louvers should effectively reduce the light from these windows when viewed from the appellant's home. The submitted detail drawing contains sufficient information to determine the effectiveness of the louvers and ensure that the louvers are properly installed during construction of the home. The notice of appeal also states that "the grounds for appeal are as set forth in letters from my attorney Riley Hurd, my architect Michael Heckmann and myself, which are already part of the administrative record." These letters are attached as Exhibits 15, 19, 20, 25 & 26, along with a letter from Michael Rex, another architect representing the appellant, as Exhibit 14. These letters were submitted during the Design Review Board's review process in response to plans that were to be reviewed by the Board, and the Board's deliberations at the June 6 and July 18 meetings were conducted in response to these letters and other public testimony. The letters were all submitted prior to the Design Review Board approval of the subject application, and therefore do not raise issues regarding the Board's decision, which is the subject of the appeal. As a result, this staff report does not include any staff response to these letters. The Design Review Board appropriately applied the guiding principles for Site Plan and Architectural Review, the Hillside Design Guidelines, and other relevant provisions of the Zoning Ordinance in its review of this project. The modifications that have been made to the project design were sufficient to reduce the potential light from windows of the proposed house to levels that would be similar to the light visible from the existing house on the site. 11,111 It is recommended that the Town Council: TOWN OF TT RON PAGE 4 OF 5 1) Hold a public hearing and take testimony on the appeal in accordance with the Town's adopted procedure (see attached Exhibit 6), and close the public hearing. 2) Deliberate and, if prepared to do so, indicate its intention to deny the appeal. 3) Direct Staff to return with a resolution denying the appeal for consideration at the next meeting. 1. Notice of appeal 2. Design Review Board staff report dated June 6, 2013 3. Minutes of the June 6, 2013 Design Review Board meeting 4. Design Review Board staff report dated July 18, 2013 5. Minutes of the July 18, 2013 Design Review Board meeting 6. Appeal procedures 7. Application form and supplemental materials 8. Window louver detail submitted July 18, 2013 9. Letter from Richard Dwyer, dated February 26, 2013 10. Letter from Scott Woods, date March 12, 2013 11. Letter from Lynn Spitler and Ted Eger, dated May 26, 2013 12. Letter from Geoffrey Fletcher, dated May 29, 2013 13. Letter from Robert McDermott, dated May 30, 2013 14. Letter from Michael Rex, dated May 30, 2013 15. Letter from Bruce Breitman, dated May 30, 2013 16. Letter from Miles Berger, dated June 1, 2013 17. Letter from Lewis Taich, dated June 4, 2013 18. Letter from Warren Simmonds, dated June 4, 2013 19. Letter from Riley Hurd, dated June 5, 2013 20. Letter from Michael Heckmann, dated June 26, 2013 jf 21. Letter from Robert McDermott, dated July 9, 2013 /77 22. Letter from Art Tyson, dated July 10, 2013 23. Letter from Michael Heckmann, dated July 11, 2013 24. Letter from Bruce Breitman, dated July 15, 2013 J yL, 6 25. Letter from Riley Hurd, dated July 15, 2013 26. Letter from Robert McDermott, dated July 16, 2013 27. Letter from Jaime and Carolyn Cohan, dated July 16, 2013 28. Letter from Paula Little, dated July 16, 2013 29. Letter from Scott and Annie Woods, dated July 17, 2013 30. Letter from Lynn Spitler, dated July 18, 2013 31. Photos and presentation materials submitted by Bob McDermott, dated July 18, 2013 32. Approved plans Prepared By: Daniel M. Watrous, Planning Manager S. Adtninistrationl Town CouncibStaff Reports 12013 1September 4 DraftsUl 0 Ridge Road appeal report. doc TOWN OF TIBURON PAGE 5 OF 5