Loading...
HomeMy WebLinkAboutTC Agd Pkt 2015-06-03TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 AGENDA Tiburon Town Council June 3, 2015 Regular Meeting - 7:30 p.m. TIBURON TOWN COUNCIL CALL TO ORDER AND ROLL CALL Councilmember Fraser, Councilmember Fredericks, Councilmember O'Donnell, Vice Mayor Tol ini, Mayor Doyle ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION, IF ANY ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. PRESENTATION • Belvedere -Tiburon library Agency Update (Annual Report) - Deborah Mazzolini, Executive Director 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. Wireless Communications Facilities - Adopt ordinance amending Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code regarding Wireless Communications Facilities (Community Development Director Anderson) 2. Property Maintenance Regulations - Adopt ordinance establishing property maintenance regulations for the Town of Tiburon by adding Title VI, Chapter 34 (Property Maintenance) of the Tiburon Municipal Code (Community Development Director Anderson) 3. 4545 Paradise Drive Well Permit - Adopt resolution approving application to install and operate a non -potable (irrigation) well for an existing single-family dwelling (Assistant Planner O'Malley) Property Owners: Matthew LeMerle and Allison Davis; Applicant: Pederson Associates Landscape Architects AP No. 038-141-16 4. Agreement for Fire Suppression - Recommendation to approve three-year extension of agreement with State of California for Local Responsibility Area Wildland Protection for Angel Island (Town Manager Curran) ACTION ITEMS 1. Appointments to Boards, Commissions & Committees - Consider appointment to fill pending vacancy on Library Agency Board of Trustees (Town Clerk Crane Iacopi) PUBLIC HEARINGS 1. 172 Avenida Miraflores Precise Plan Amendment - Consider an amendment to the Miraflores Precise Plan to expand the building envelope to accommodate existing improvements outside the building envelope and to construct future spa, deck and building expansions within the expanded building envelope (Planning Manager Watrous) Property Owners: Charles and Vicki Strotz AP No. 039-261-12 2. FY 2015-16 Municipal Budget - Introduction of Operating and Capital Improvement budgets for fiscal year 2015-16 (Director of Administrative Services Bigall) TOWN COUNCIL REPORTS TOWN MANAGER REPORT WEEKLY DIGESTS • Town Council Weekly Digests - May 22 & May 29, 2015 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere -Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability -related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action(s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing(s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 3, 2015 Agenda Item: cc, / STAFF REPORT To: From: Mayor and Members of the Town Council Community Development Department Subject: Recommendation to Adopt Ordinance Amending Title IV, Chapter 16 of the Tiburon Municipal Code Regulating Wireless Communication Facilities Reviewed By: Y BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on May 20, 2015, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. PROCEDURE This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 558 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT 1. Draft Ordinance No. 558 N. S. Prepared by: Scott Anderson, Director of Community Developmen TOWN OF TIBURON PAGE 1 OF 1 ORDINANCE NO. 558 N. S. DRAFT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING MUNICIPAL CODE TITLE IV, CHAPTER 16 (ZONING) REGARDING WIRELESS COMMUNICATIONS FACILITIES SECTION 1. FINDINGS. A. On April 22, 2015, the Planning Commission adopted Resolution No. 2015-03 recommending to the Town Council that various text amendments be made to Title IV, Chapter 16 (Zoning) of the Tiburon Municipal Code. B. The Town Council held a duly noticed public hearing on May 20, 2015 and has heard and considered all public testimony on the proposed Ordinance. C. The Town Council finds that all notices and procedures required by law attendant to the adoption of this Ordinance have been followed. D. The Town Council finds that the amendment actions made by this Ordinance are necessary for the protection of the public health, safety, and welfare and to comply with federal law. E. The Town Council has found that the amendments made by this Ordinance are consistent with the goals and polices of the Tiburon General Plan and other adopted ordinances and regulations of the Town of Tiburon, and further the intent and purposes of General Plan goals and policies. F. The Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15305 (Minor Alterations to Land Use Limitations) of the CEQA Guidelines, as well as being a ministerial action taken to comply with federal law. SECTION 2. ADOPTION OF AMENDMENTS TO MUNICIPAL CODE. (A) Title IV, Chapter 16, Section 16-42.040 is amended to read as follows: 16-42.040 - Permit requirements for wireless communication facilities. A. Wireless Communication Facilities Governed by Section 6409(a) of the Middle Class Tax Relief and Jobs Creation Act of 2012 ("Tax Act"). An applicant for a facility governed by Section 6409(a) of the Tax Act must file an administrative WCF permit application for review and ministerial decision by the director. Said decision shall be rendered within sixty (60) days of the filing of the application, unless tolled pursuant to the Tax Act. The decision of the Town of Tiburon Ordinance No. 558 N. S. DRAFT Effective --/--/2015 Page-I. age � 1 -•�T ND. director may be appealed within five (5) calendar days to the Planning Commission, whose decision shall be final. B. Wireless Communication Co -location Facilities Not Governed by Section 6409(a) of the Middle Class Tax Relief and Jobs Creation Act of 2012. An applicant for a co -location facility not governed by Section 6409(a) of the Tax Act may file a formal written request for waiver of the requirements for a conditional use permit with the director. It is the responsibility of the applicant to establish evidence in support of the waiver criteria required by this section. The director may waive the requirements for a conditional use permit and instead require a site plan and architectural review permit only for co -locations that meet the following criteria: 1. Co -location. The proposed facility or equipment is co -located on or adjoining an existing WCF; 2. Preferred location. The proposed facility is located on a property developed predominantly with commercial land uses; 3. Stealth design. The proposed WCF is designed or located in such a way that the facility is not readily recognizable as wireless communications equipment to an average person; 4. Prior approval and compliance. The existing WCF was subject to conditional use permit approval and complies with the town's policies and regulations; and 5. Existing environmental compliance. The existing WCF has a certified environmental impact report or adopted negative declaration or mitigated negative declaration, and the existing facility has incorporated the required mitigation measures. The new equipment or structures do not constitute a substantial change in the project or new information as outlined in Public Resources Code Section 21166. Applications processed pursuant to this subsection (B) shall be acted upon within ninety (90) days of submittal of a complete application. C. All Other Facilities. Wireless Cominunication facilities that do not fall under subsections A or B must go through the following process. 1. Public notice of application filing. (a) Within fifteen (15) days after the filing of a conditional use permit application for a WCF with the Town of Tiburon, the town shall give written notice of such filing to all property owners within a six - hundred -foot (600') radius of the proposed facility, to a newspaper of Town of Tiburon Ordinance No. 558 N. S. DRAFT Effective --/--/2015 Page / 2 general circulation within the Town of Tiburon, and to the presidents or their designees for receipt of notices of each of the affected homeowners associations as determined by the director. (b) Notice of the filing of the application shall also be posted by the Planning Division on the town's web site and on the public notice bulletin board outside town hall within fifteen (15) days of the date of the filing of the application, and such notice shall remain in such location for a period of at least thirty (30) days thereafter. (c) For applications on land owned by a public agency other than the Town of Tiburon, written notice and a copy of the Town of Tiburon's WCF regulations shall be provided to the public agency within fifteen days of filing of the application. 2. Review and approval. (a) Any person who proposes to install or operate a WCF pursuant to this subsection (C) shall first obtain approval of a conditional use permit in compliance with section 16-52.040 (conditional use permit), unless the facility is exempt from securing such permit under section 16- 42.030 (applicability). The review authority may approve a conditional use permit for a WCF only upon making the finding that the project is consistent with this section and is in substantial compliance with applicable requirements of the most current Tiburon Wireless Communication Facilities Standards adopted by resolution of the town council. (b) Any person who proposes to install or operate a WCF shall first obtain site plan and architectural review approval in compliance with section 16-52.020 (site plan and architectural review), unless the facility is exempt from securing such permit under section 16-42.030 (applicability). (c) Applications processed pursuant to this subsection (C) shall be acted upon within one hundred fifty (150) days of submittal of a complete application. Conditional use permit and site plan and architectural review applications may be processed concurrently. 3. Exceptions. The review authority may grant an exception to any requirement of division 16-42 or any mandatory standard contained within the Wireless Communication Facilities Standards upon making findings that: (1) strict compliance precludes the reasonable accommodation of the communication needs of the operator as set forth in federal and/or state rules and regulations; (2) there are no other Town of Tiburon Ordinance No. 558 N. S. DRAFT Effective -1-/2015 Page j 3 feasible alternatives; and (3) either state or federal law requires the town to issue the exception or the exception will serve the public interest despite the conflict with the mandatory standards. D. Length of conditional use permit approval—Mandatory review/renewal. 1. A conditional use permit issued for a WCF approved on or after January 1, 2007 shall be valid for an initial period of ten (10) years after final approval, unless a shorter duration is approved on the bases of public safety reasons or substantial land use reasons. At least ninety (90) days prior to expiration of the ten-year period approval, the permit holder shall file an application for review/renewal of the WCF permit. The permit holder shall be solely responsible for timely filing of, and for all costs associated with, the processing of applications for mandatory reviews/renewals. 2. A conditional use permit issued for a WCF approved prior to January 1, 2007 shall be subject to the specific conditions of the permit with respect to duration and periodic mandatory review/renewal. At least ninety (90) days prior to expiration of the permit, the permit holder shall file an application for review/renewal of the WCF Permit. The review authority shall conduct a public hearing for the purposes of verifying continued compliance with the findings and conditions of approval under which the application was originally approved, as well as compliance with other applicable provisions in the Municipal Code. Permit review/renewals are required every five (5) years, unless a longer time period is approved by the review authority, or another time period is set forth in the permit conditions. The permit holder shall be solely responsible for timely filing of, and for all costs associated with, the processing of applications for mandatory reviews/renewals. (B) Title IV, Chapter 16, Section 16-42.080 is amended to read as follows: 16-42.080 - Nonconforming facilities. A. Any WCF in existence prior to December 2, 2005 that is nonconforming to the provisions of this division 16-42 may continue to be used. Such nonconforming facilities may continue to be operated, repaired, and maintained but shall not be enlarged, expanded, relocated, or modified in any material manner, as determined within the reasonable discretion of the director, without conforming to provisions of division 16-42. Notification of nonmaterial modifications shall be provided within thirty (30) days to the review authority by the director. B. Exception. Facilities Governed by Section 6409(a) of the Middle Class Tax Relief and Jobs Creation Act of 2012 are not subject to the provisions of this section unless the proposed modification substantially changes the physical dimensions of the existing tower or base station, as those terms are defined in the Act. Town of Tiburon Ordinance No. 558 N. S. DRAFT Effective --/--/2015 Page J 4 (C) Title IV, Chapter 16, Section 16-21.030 (Table 2-1) is amended to read as shown in attached Exhibit "A". (D) Title IV, Chapter 16, Section 16-50.020 (Table 5-1) is amended to read as shown on attached Exhibit "B". SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on May 20, 2015, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , 2015, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: Town of Tiburon Ordinance No. 558 N. S. DRAFT Effective --/--/2015 Page f 5 FRANK X. DOYLE, MAYOR Town of Tiburon ATTEST: DIANE CRANE-IACOPI, TOWN CLERK Attachments: Exhibit "A", Revised Table 2-1 Exhibit "B", Revised Table 5-1 Town of Tiburon Ordinance No. 558 N. S. DRAFT Effective --/--/2015 Page f 6 TABLE 2-1 Allowed Land Uses and Permit Requirements for Residential Zones P Permitted Use U Conditional Use Permit MP Ministerial Permit Use not allowed LAND USE (1) PERMIT REQUIRED BY DISTRICT R-1 R -1-B RO R-2 R-3 RPD RMP Specific Use Regulations ` Agriculture, including Aviaries (6) U U U U U U U Title VI, 20-5.1 Botanical conservatories, outdoor nature labs, and similar facilities — — — — — U U Open space use — — — — — P P Wildlife sanctuaries — — — — — U U 16-52.100!16-52.10: BLY USES Equestrian facility (2) U U U — — U U Title VI, 20-5.1 Golf course/country club U U U — — U U Library, museum U U U U U — — Parochial or other nonprofit school - elementary, secondary, or college U U U U U U U 16-52.100!16-52.10: Philanthropic or charitable facility U U U U U U U Private residential recreation facilities U U U U U U U Public park P P P P P P P Playground U U U U U U U 16-40.020 Publicly owned building or facility U U U U U U U Religious places of worship U U U U U U U Home occupation/Seasonal rental unit P P P P P P P 16-52.110116-40.040 Intermediate or community care facility (3) P P P P P P P Multifamily dwelling — — — — P — P Secondary dwelling unit /Junior accessory dwelling unit (5) MP MP MP — — MP — 16-52.100!16-52.10: Single-family dwelling P P P P — P P Single-family dwelling providing room/board for 1 paying guest P P P P — P P Two-family dwelling, attached — — — P — — P Two-family dwelling, detached — — — P(4) — — — 16-40.020 Transitional, supportive housing P P P P P P P Key to Zoning District Symbols R-1 Single -Family Residential R-3 Multifamily Residential R -1-B Modified Single Family Residential RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two -Family Residential Notes: (1) See Article X (Definitions) for land use definitions. (2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of license issued under horse license ordinance. (3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the California Health and Safety Code. (4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Section 16-62. (5) Also subject to Standards adopted by separate Resolution of the Town Council. (6) Except for chicken -keeping and bee -keeping as set forth in Section 16-40.070. EXHIBIT "A" TABLE 2-1 (Continued) Allowed Land Uses and Permit Requirements for Residential Zones P Permitted Use U Conditional Use Permit MP Ministerial Permit — Use not allowed LAND USE (1) PERMIT REQUIRED BY DISTRICT R-1 R -1-B RO R-2 R-3 RPD RMP Specific Use Regulations Bed and breakfast facility (B&B) U U U — — — — Residential Planned Development Child day-care facilities, small family day-care homes – up to 8 children (5) P P P P P P P & Safety Code 1597.3 et seq. Child day-care facilities, large family day-care homes - 9 to 14 children (5) MP MP MP MP MP MP MP Health & Safety Code 1597.46 - 1597.465 Child day-care center -15 or more children U U U U U U U Medical Services - Hospital U U U U U U U Real estate tract office U U U U U U U STRUCTURE Public utility and communication equipment building U U U U U U U Residential Planned Development Wireless communication facility, amateur orprofessional(6)U/MP Y Residential Open UIMP U/MP U/MP U/MP U/MP U/MP ment Code 65850 Code 65850,6 Ke v to Zoning District Symbols R-1 Single -Family Residential R-3 Multifamily Residential R -1-B Modified Single Family Residential RPD Residential Planned Development RO Residential Open RMP Residential Multiple Planned R-2 Two -Family Residential Notes: (1) See Article X (Definitions) for land use definitions. (2) The keeping of horses subject to licensing of each horse pursuant to the Tiburon horse license ordinance. Use permits for keeping horses shall automatically terminate upon revocation of the license issued under horse license ordinance. (3) As defined by state law or any other residential care facility for the handicapped (as defined by the Fair Housing Act) located in a single-family dwelling. All such facilities shall be subject to all regulations of the Califomia Health and Safety Code. (4) Provided that design review board has approved or conditionally approved a detached two-family dwelling exception, as set forth in Section 16-40.020. Detached two-family dwellings that lawfully existed on June 4, 2003 are deemed legal nonconforming structures subject to provisions of Sec. 16-62. (5) When located in a single-family dwelling. (6) See Section 16-42.040 for specifics. Certain modifications, replacements and removals are subject to ministerial review and approval under federal law or are eligible for streamlined discretionary review. Table 5-1 - Review Authority Type of Permit or Decision Role of Review Authority' Director Design Review Board Planning Commission Town Council Site Plan and Architectural Review Decide Appeal Action Site Plan and Architectural Review (Minor Alterations) Decide Appeal Action Variance, Site Plan and Architectural Review -related Decide Appeal Action Variance, Other Decide Appeal Action Conditional Use Permit Decide Appeal Action Condominium Use Permit Decide Appeal Action Precise Development Plan Recommend Decide Secondary Dwelling Unit Permit/ Junior Accessory Dwelling Unit Decide Appeal Action Zoning Ordinance Text Amendment2 Recommend Decide Rezoning or Prezoning2 Recommend Decide Home Occupation Permit or Seasonal Rental Unit Permit Decide3 Appeal Action3 Temporary Use Permit Decide3 Appeal Action's Tidelands Permit (minor and incidental) 3 Decide 3 Appeal Action Tidelands Permit (all other) Decide Appeal Action Wireless Communication Facility (administrative) Decide Appeal Action Minor changes to an approved project Decide4 Notes: 1. "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the authority makes the final decision on the matter; "Appeal Action" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Section 16-66 (Appeals). 2. If the Planning Commission denies an application for a Precise Development Plan amendment, Zoning Text Amendment, Rezoning or Prezoning, that decision is final unless appealed to the Town Council. 3. The Director may refer any such application to the Planning Commission for review and action, in which case the Town Council will be the appeal body. 4. An appeal of the Director's decision shall be heard by the original project's Review Authority, whose decision shall be final. EXHIBIT "B" TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 3, 2015 Agenda Item: ei + ^e2 STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Community Development Department Recommendation to Adopt Ordinance Adding Title VI, Chapter 34 (Property Maintenance) to the Tiburon Municipal Code BACKGROUND The Town Council held first reading of this ordinance following a public hearing at its meeting on May 20, 2015, and waived additional readings. The ordinance now comes to the Town Council for consideration of adoption. PROCEDURE This is a consent calendar item. The Council's motion to adopt this item on the consent calendar will constitute a motion to confirm the waiver of second reading from the previous meeting and adopt the ordinance. Each Councilmember's vote on the motion to approve this item on the consent calendar will constitute the equivalent of a roll call vote and will be recorded within the ordinance. Should any Councilmember choose to vote differently on this item than other items on the consent calendar, then the vote on this item should be taken separately from other items appearing on the Consent Calendar such that individual votes may be properly recorded. Should the Council wish to discuss the item, it must be removed from the Consent Calendar and voted upon separately. RECOMMENDATION Staff recommends that the Town Council approve the adoption of Ordinance No. 559 N. S., a draft of which is attached as Exhibit 1, as part of the Consent Calendar. EXHIBIT I. Draft Ordinance No. 559 N. S. Prepared by: Scott Anderson, Director of Community Developmentj,P� TOWN OF TIBURON PAGE 1 OF 1 ORDINANCE NO. 559 N. S. DRAFT AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING TITLE VI, CHAPTER 34 (PROPERTY MAINTENANCE) OF THE TOWN OF TIBURON MUNICIPAL CODE SECTION 1. FINDINGS. WHEREAS, the Town of Tiburon has identified the need for more specific regulatory provisions to address properties that fall into disrepair; and WHEREAS, Blighted Properties, as defined below, threaten the health, safety and welfare of the citizens of the Town of Tiburon; and WHEREAS, the Town Council of the Town of Tiburon desires to implement a process by which the Town can require owners of Blighted Properties to properly maintain such properties; and WHEREAS, the Town Council finds that adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Sections 15268 (ministerial actions), 15305 (minor alterations to land use limitations), and 15061(b)(3) (general rule) of the CEQA Guidelines. SECTION 2. ADOPTION. NOW, THEREFORE BE IT ORDAINED, that the Town Council of the Town of Tiburon hereby adopts Title VI, Chapter 34 (Property Maintenance) of the Tiburon Municipal Code to read as follows: Chapter 34 - PROPERTY MAINTENANCE Sections: 34-10 Title 34-20 Purpose of chapter 34-30 Bighted property defined 34-40 General obligation 34-50 Enforcement responsibility—delegation of authority Town of Tiburon Ordinance Na 559 N. S. DRAFT Effective --/--/2015 Page I 1 =HI= = NO. J 34-60 Abatement 34-70 Restriction on use or occupancy—dangerous condition 34-80 Abatement procedures 34-90 Procedures of this chapter—Cumulative 34-100 Violation --penalty Section 34-10 — Title. The ordinance codified in this chapter shall be known as the "Town of Tiburon Property Maintenance Ordinance" and may be so cited. Section 34-20 - Purpose of chapter. The purpose of this chapter is to promote the health, safety, and general welfare of the citizens by requiring a level of maintenance of residential, commercial, institutional and other property that will prevent the occurrence of Blighted Property and protect and preserve the livability, appearance, and social and economic stability of the town and also protect the public from the health and safety hazards and the impairment of property values that results from the neglect and deterioration characterized by Blighted Property. Section 34-30 - Blighted Property defined. Any property on which there exists any one or more of the following conditions or activities is deemed a Blighted Property for the purpose of this chapter: A. Abandoned Building or Structure, defined as: 1. A building or structure that is not occupied, inhabited, used, or secured. For purposes of this chapter, a building or structure is not secured if it is unlocked or the public can gain entry without the consent of the owner, or 2. A partially constructed, reconstructed or demolished building or structure upon which work is abandoned. Work is considered abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on an already -commenced permitted project for six months or more. B. Attractive Nuisance, defined as property that is in an unsecured state so as to potentially constitute an attraction to children, a harbor for unauthorized persons, or so as to enable persons to resort thereto for the purpose of trespass or committing an unlawful act. Attractive Nuisances include, but are not limited to, abandoned refrigerators, unfenced swimming pools, or open pits. Town of Tiburon Ordinance No. 559 N. S. DRAFT Effective --/--/2015 Page 1 2 C. A Building or Structure that is in a State of Disrepair, defined as: 1. A building or other structure that by reason of rot, weakened joints, walls, floors, underpinning, roof, ceilings, or insecure foundation, or other cause has become dilapidated or deteriorated; or 2. A building or other structure with exterior walls and/or roof coverings that have become so deteriorated as to not provide adequate weather protection and be likely to, or have resulted in, severe water intrusion damage, termite infestation or dry rot; or 3. A building or structure with broken or missing windows or doors that constitute a hazardous condition or a potential attraction to trespassers. For purposes of this chapter "window" shall include any glazed opening, including glazed doors, which faces upon a yard, court, or street; or 4. A building or structure including, but not limited to, walls, fences, signs, retaining walls, driveways, or walkways that are broken, deteriorated, or substantially defaced to the extent that the disrepair severely visually impacts neighboring property or presents a risk to public safety. For purposes of this chapter "defaced" includes, but is not limited to, writings, inscriptions, figures, scratches, or other markings commonly referred to as "graffiti" and peeling, flaking, blistering, or otherwise deteriorated paint. D. Property Inadequately Maintained, defined as: 1. Property that is not kept clean and sanitary and free from accumulations of offensive matter or odor including, but not limited to, overgrown or dead or decayed trees, excessive weeds or unkempt vegetation, overgrowth, dead organic matter, rubbish, junk, garbage, and toxic or otherwise hazardous liquids and substances and material. For the purposes of this section the term "rubbish" shall include combustible and noncombustible waste materials, except garbage; and the term shall also include paper, rags, cartons, boxes, rubber, leather, tree branches, yard trimmings, tin cans, metal, mineral matter, glass, crockery, and similar materials; or 2. Property that constitutes a fire hazard or a condition considered dangerous to the public health, safety, and general welfare; or 3. Property that is likely to or does harbor rats or other vectors, vermin, feral pets, or other non -domesticated animal nuisances; or 4. Landscaping that is inadequately maintained to such an extent that it creates a public safety hazard; or 5. Property upon which litter, cut vegetation, garbage, refuse, debris, flyers, or circulars have unreasonably accumulated; or 6. Property upon which a swimming pool, spa, pond, stream, or other body of water is left abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted. "Polluted water" is defined for the purpose of this chapter as water that contains bacterial growth, remains of garbage, refuse, debris, papers and any other foreign matter or material that constitutes an unhealthy or unsafe condition; or Town of Tiburon Ordinance No. 559 N. S. DRAFT Effective --/--/2015 Page 1 3 7. Parking lots, driveways, paths, and other areas used or intended to be used for commercial or business activities that are inadequately maintained and pose a risk of harm to public health or safety including, but not limited to, unpaved surfaces that generate fugitive dust and paved surfaces with sizeable cracks, potholes, or other breaks; or 8. Property upon which recyclable materials are openly stored. For the purposes of this chapter "recyclable materials" means any goods, vehicles, machinery, appliances, product or article, new or used, that is suitable for reuse; and "open storage" means storage on private property other than in a completely enclosed building. Materials shall be deemed to be held in "open storage" even though screened from public view, or view of residents of adjacent property, by a fence or other such partition. E. Property that Creates a Dangerous Condition, defined as: 1. Property having a topography, geology, or configuration that as a result of grading operations, erosion control, sedimentation control work, or other improvements to said property, causes erosion, subsidence, unstable soil conditions, or surface or subsurface drainage problems sufficient to harm or pose a risk of harm to adjacent properties; or 2. Property whereupon any condition or object obscures the visibility of public street intersections to the public so as to constitute a hazard, including but not limited to, landscaping, fencing, signs, posts, or equipment; or 3. Conditions that due to their accessibility to the public pose a hazard including, but not limited to, unused and broken equipment, abandoned wells, shafts, or basements, hazardous or unprotected pools, ponds, or excavations, structurally unsound fences or structures, machinery that is inadequately secured or protected, lumber, trash, fences or debris that may pose a hazard to the public, storage of chemicals, gas, oil, or toxic or flammable liquids. F. Parking, Storage or Maintenance of the Following in Areas Zoned for Residential Use, defined as: 1. Any construction or commercial equipment, machinery, material, truck or tractor or trailer or other vehicle having a weight exceeding seven thousand (7,000) pounds, or recyclable materials, as defined in this chapter, except that such items may be temporarily kept within or upon residential property for the time required for the construction of installation of improvements or facilities on the property; or 2. Any refrigerator, washing machine, sink, stove, heater, boiler, tank or any other household equipment, machinery, furniture, or other than furniture designed and used for outdoor activities, appliance or appliances, or any parts of any of the listed items for a period of time in excess of seventy-two (72) consecutive hours. This subsection does not prohibit the following: a. Machinery installed in the rear setback areas for household or recreational use. b. Furniture designed and used for outdoor activities. Town of Tiburon Ordinance No. 559 N. S. DRAFT Effective --/--/2015 Page 1 4 c. Any item stored or kept within an enclosed storage structure or unit. For the purpose of this subsection, a storage unit is a prefabricated enclosure that is not permanently affixed to the ground, but that is not on wheels or mobile. 3. Storing or keeping of packing boxes, lumber, or other debris, except as allowed by this code for the purpose of construction, in any setback areas visible from public property or neighboring properties for a period of time in excess of seventy-two (72) consecutive hours. G. Permit Requirement. Any use of property that does not have all required permits pursuant to town codes or where such permits have expired or been revoked. Section 34-40 - General obligation. No person, firm, group, or corporation whether as owner, owner's agent or manager of the subject property or as lessee, sublessee, or occupant in possession of the property shall maintain any property in a blighted condition or shall cause or permit a Blighted Property to exist. No person, firm, group, or corporation shall take any action or allow any action to be taken in violation of any provision of this chapter or order issued pursuant hereto. Section 34-50 - Enforcement responsibility—Delegation of authority. The Town Manager or his or her designees shall be responsible for the enforcement of this chapter and may make such inspections and take such actions as may be required to enforce the provisions of this chapter. The Town Manager is authorized to establish guidelines and interpretations to enforce the provisions of this chapter. Section 34-60 - Abatement. A. Any condition set forth in this chapter may be abated by the Town Manager, or his or her designee, in accordance with the procedures set forth in Chapter 31 (Enforcement of Code) of this Title. B. Actions taken to abate conditions set forth in this chapter may include, but are not limited to, assessment of fees, charges, penalties, and interest; and/or repair or removal of the condition; and/or installation and maintenance of physical barriers to deter the recurrence of or illegal access to the condition; and/or any other abatement action determined by the Town Manager, or his or her designee, to be necessary. Section 34-70 - Restriction of use or occupancy—Dangerous condition. Whenever any condition set forth in this chapter is determined by the Town Manager, or his or her designee, to be dangerous and imminently hazardous to public health and safety, the use or occupancy of the Blighted Property may be restricted in accordance with the procedures set forth in Chapter 31 (Enforcement of Code) of this Title. In addition to restricting the use or occupancy, Town of Tiburon Ordinance No. 559 N. S. DRAFT Effective --/--/2015 Page15 the Town Manager, or his or her designee, may require other abatement actions to be taken including, but not limited to, immediate repair or removal of the condition. Section 34-80 - Abatement procedures. The Town Manager, or his or her designee, may institute procedures for abatement of any conditions set forth in this chapter, except where such conditions are otherwise authorized or permitted by law. The Town Manager, or his or her designee, is not required to take any action under this chapter, but may do so at his or her discretion. The provisions as set forth in Chapter 31 of this Title, including but not limited to conditions of compliance that assure expeditious abatement of conditions by the property owner, shall apply. The noticing requirements set forth in Title 1, Section 1-7 of this Code shall apply to any such abatement. Fees, charges, penalties, and interest assessed for any abatement action performed by or on behalf of the town including, but not limited to, costs incurred in relocating occupants of the Blighted Property shall be recovered by the town in accordance with the provisions set forth in Title 1, Section 1-10 of this Code. The Town Manager, or his or her designee, may establish time limits for abating blighting conditions that serve the best interests of the town and may subsequently limit or extend or otherwise adjust such durations for good cause. Section 34-90 - Procedures of this chapter—Cumulative. A. Procedures used and actions taken for the abatement of property blight are not limited by this chapter. Procedures and actions under this code may be utilized in conjunction with, or in addition to, any other procedure applicable to the regulation of buildings, structures, or property, including, but not limited to, injunctive or other judicial relief, and the impositions of administrative penalties pursuant to the provisions of Chapter 31 of this Title. B. All Blighted Property conditions that are required to be abated pursuant to the provisions and permit requirements of this chapter shall be subject to all provisions of this code including, but not limited to, building construction, repair or demolition, and to all housing, zoning, traffic and fire code provisions. Section 34-100 - Violation—Penalty. Violation of this chapter shall constitute an infraction. SECTION 3. SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this Ordinance, or its application to any other person or circumstance. The Town Council of the Town of Tiburon hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or Town of Tiburon Ordinance No. 559 N. S. DRAFT Effective --/--/2015 Page 1 6 more other sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable. SECTION 4. PUBLICATION AND EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days after the date of adoption. Pursuant to the provisions of the California Government Code, a summary of this ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Town Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after the adoption of this ordinance, the Town Clerk shall (1) publish the summary in a newspaper of general circulation in the Town of Tiburon, and (2) post in the office of the Town Clerk a certified copy of the ordinance along with the names of those Council members voting for and against the ordinance. This ordinance was read and introduced at a regular meeting of the Town Council of the Town of Tiburon, held on May 20, 2015, and was adopted at a regular meeting of the Town Council of the Town of Tiburon, held on , 2015, by the following vote: AYES: COUNCILMEMBERS: NAYS: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: FRANK X. DOYLE, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town of Tiburon Ordinance No. 559 N. S. DRAFT Effective --/--/2015 Page 1 7 Matthew C. Le Merle & Alison Davis 4545 Paradise Drive, Tiburon, CA 94920 Town of Tiburon Community Development Department Subject: Well Application for 4545 Paradise Drive — Context Dear Kyra, REggUWE JUN 03 2015 J PLANNING DIVISION LATE MAIL #fr3 Please include this letter in the file as context for the application we have submitted for a well at our property at 4545 Paradise Drive, Tiburon. On reviewing the letters from neighbors we found them full of inaccuracies — most of which were already addressed in the application. Letter Statement Correction Cushing ...own 24 Mateo Drive which is within eyesight of the site No Mateo Drive homes are visible from the site (see photograph as separate handout) Cushing According to the document provided by the applicant is within 20ft of the private owned space Application (geo engineering report) states the new well will lie near the 20ft setback (not within the setback) Weeks Drilling have marked the well location 35ft from the Southern boundary and 33ft from the Western boundary of our property Cushing The well is located 20ft of the Ring Mountain Reserve See above Also our property is not contiguous with the Ring Mountain Reserve. Our boundaries close to the well site are with the properties of Miranda Leonard and Mateo Private Open Space Cushing Many can see the project site from our individually owned property (SIC). No Mateo Drive homes are visible from the site (see photograph as separate handout) Cushing Water tanks for irrigation only projects are not common Weeks Drilling tells us tanks are almost always included in non potable water projects Cushing The well is within 20 ft of 2 open space properties, the Ring Mountain Nature Reserve and the Mateo Drive open space The well site is not within 20ft of any other property Our property is not contiguous with the Ring Mountain Reserve Kim Ring Mountain (SIC) which is adjacent to the property in question Our property is not contiguous with the Ring Mountain Reserve. Our boundaries close to the well site are with the properties of Miranda Leonard and Mateo Private Open Space Weiner Private, greedy, aggressive, grab No comment Weiner This is after this group has taken down nearly all the trees on the property According to the 2004 tree audit of our property conducted by ArborLogic we at that time had 247 trees including 100 Monterey Pines, 68 Incense Cedars, 28 Italian Cypress and so on — most of the pines already were infested by Pine Borer Beetle. Today we have over 300 trees including the addition of 25 mature oranges and lemons, 20 olives including 13 100 year old trees, 20 coast live oaks and so on Weiner Above ground tanks are eyesores The ground tank will not be visible to our Mateo neighbors much less a neighbor on Paradise drive with no access to our property Weiner Pump mechanisms are incredibly loud Well pumps are let down into the well shaft and are silent when in operation given their depth under ground We look forward to meeting with you and discussing this application Matthew C. Le Merle and Alison Davis Matthew C. Le Merle & Alison Davis 4545 Paradise Drive, Tiburon, CA 94920 Town of Tiburon Community Development Department Subject: Well Application for 4545 Paradise Drive — Context Dear Kyra, 11 03 2015 PLANNING DIVISION LATE MAIL #CC4 Please include this letter in the file as context for the application we have submitted for a well at our property at 4545 Paradise Drive, Tiburon. There is important context here that may not be fully known to all. History 1. We purchased 4545 Paradise Drive in 1996 and have lived here ever since 2. The property is close to 6 acres in size, of which most was once irrigated 3. At the time of purchase the property included: a. A well b. A large redwood storage tank of 12 ft height and 15ft diameter on a concrete foundation c. Two MMWD meters: i. One for irrigation purposes only located on Paradise Drive ii. One for home water purposes only located on Taylor Road d. Separation of irrigation and house water pipes with backflow regulators etc. 1990's 1. Shortly after purchasing the property, we discovered that the well was damaged in the shaft 2. Well experts told us that it would need to be re -drilled and that the location would be hard to get to 3. Given its location we decided instead to fill and cap the well 4. We also a few years later (1999) dismantled the redwood storage tank though the foundation remains 2000's 1. In 2000 our irrigation water stopped flowing. MMWD and water leak experts could not determine what had gone wrong 2. MMWD connected the irrigation water line to the main house water line and operated both off the single meter on Taylor Road protected by backflow regulators etc. 3. In early 2001 we discovered that a new house built by a neighbor on Paradise Drive had in error connected their house to our irrigation meter. This accounted for why our water had been cut off 4. Water charges were reversed by MMWD, but they told us that they were now eliminating all second meters in Tiburon and so we would not be able to reconnect to our irrigation meter on Paradise Drive 5. Since then all of our water has been from MMWD on a single meter at Taylor Road Since 2000 1. Because of the large size of our property we have constantly had to revisit our water usage given that we always fall into the highest most tier of water usage pricing (about $25,000 of water use per year) 2. We have had MMWD visit multiple times to provide advice on how to do this: a. We have replaced almost all of our sprinklers and rotating irrigation heads with drip irrigation Matthew C. Le Merle & Alison Davis 4545 Paradise Drive, Tiburon, CA 94920 b. We have shrunk our irrigated garden area to about 2 acres, leaving over the majority of the land to California natives and hardscape c. Within the house we have replaced appliances (dishwashers, washing machines, toilets, shower heads etc.) with low water use newer versions d. We have ceased irrigating most of the trees on the property — combined with Pine Borer Beetle we have seen the larger pines begin to die in the last five years and expect this to continue e. All irrigation is regularly checked for leaks and upgraded as needed Other Options We have had assessments of both grey water usage systems and rainfall capture systems for our property: 1. Given the high cost of our finishes, Grey water experts tell us that it would be very expensive to re plumb our bathrooms — in the $100,000's to install one of their systems 2. We can't easily install a rainfall capture system since this would need to be installed below the property on the steep slope below the houses. And of course, it would not provide sufficient water for our large property given the ratio of roofing to acreage New Well This led us to request a new well: 1. At a cost of $50,000 this is more than makes sense for almost any property in Tiburon. We doubt many Tiburon residences will request wells 2. In our specific case, given the size of our property and the difficulty of using other means, it appears to be our only alternative to continuing to use MMWD water for irrigation purposes 3. We see this as preferential for the community than having us continue to use MMWD "potable" water from the Marin reservoirs and Russian River to irrigate our property 4. We will be assisting MMWD and Tiburon partially meet their reduction in MMWD water usage targets 5. We will no longer be charged for water in the highest most cost tiers — we will continue to use MMWD water within our house — the well will only be used for irrigation purposes Alternatives If we are not approved, our only alternatives are: 1. Continue to rely upon MMWD for all water requirements 2. Request that MMWD grant us an exception from the highest tier of charges since we are a large property being charged above cost for our water 3. Continue to hardscape our property — including perhaps building additional buildings at the end of driveway where we today have gardens (we have considered a guest house and a large ten car garage for our hobby) We look forward to meeting with you and discussing this application Thank you Matthew C. Le Merle and Alison Davis Kyra O'Malley From: Sent: To: Subject: Dear Ms. O'Malley, Suzanne Kim <suzanneskim@gmail.com> Sunday, May 31, 2015 8:09 PM Kyra O'Malley 4545 Paradise Drive Water Well JlJN, 0 2 2015 D PLANNING DIVISION I write as a concerned citizen of Tiburon. I understand that 4545 Paradise Drive has filed a permit to drill and operate a non -potable water well for purposes of landscape irrigation to supplement existing MMWD service. I write to voice my opposition to the permit for the following reasons: 1) The proposed well would tap an aquifer that presumably lies underneath a number of properties, not just under 4545 Paradise; therefore, privileged access could establish future rights to the aquifer. Granting such a permit opens the door could establish a precedence under which one could claim future rights to that source of water. 2) It has been well established by the mainstream scientific community that California has been in a severe drought the past several years. The State of CA via the governor's office (Executive Order B-29-15) has requested that all residents reduce potable water consumption; while this permit seeks to access to non -potable water, despite the technicality, it runs counter to spirit of the Executive Order. 3) Presumably, the landscaping at 4545 Paradise is composed primarily of non-native species. The use of a scare and valuable resource to support the growth of non-native species runs counter to the goals and objectives of Marin County Parks' open spaces, particularly that for Ring Mountain, which is adjacent to the property in question. Ring Mountain "is truly one of the most valuable pieces of real estate on this planet." On May 28, 2015, Marin County Parks launched an aggressive initiative to remove non-native species that threaten a number of federally protected endangered species. 4) Access to water is a human right; however, access to water for the purpose of maintaining one's artificial landscape is not a human right. I certainly am not an expert on water rights; however, I strongly believe water is a public good and it is via this principle that I voice my concern. Access has been a key method by which water has been essentially "privatized" in California --it is only through effective government action/interaction that water can remain a public good for generations to come. By limiting privileged access to water, government can ensure that water is preserved as a public good. Sincerely, Suzanne Kim Suzanne Kim 20 Mateo Drive Tiburon, CA 94920 415 1 637-2064 mobile 415 1 684-8326 google voice suzanneskim@gmail.com http://www.linkedin.com/in/suzannekim i LATE MAIL#e -3 LATE MAIL # Cc -3 June 2, 2015 Town Council Town of Tiburon % Community Development Department Re Application To Drill and operate Water Well at 4545 Paradise Drive GENERAL BACKGROUND 11 JUN 0 ZU15 TOWN CLERK TOWN OF TIBURON I Larry E Cushing and my spouse Janet F Cushing own 24 Mateo Drive which is within eyesight of the site of the proposed well, pump and water tank the subject of this application. We also own a 1/17th undivided interest in a partial of private open space directly attached to the site of the proposed project which according to the a document provided by applicant is within 20 feet of the private owned open space. According to the same document the well is located 20 feet of the Ring Mountain Reserve. The Ring Mountain Reserve and the open space jointly owned by Mateo Drive Residents dominate our property and the Mateo Drive neighborhood in a very positive manner. The Ring Mountain Reserve also dominates Tiburon, particularly the Paradise Drive Area, parts of Mill Valley and Southern Marin County in a very positive manner. The Ring Mountain Reserve, private open space, and generally undeveloped land including such land which is a part of developed parcels supports natural vegetation e.g. live oaks which then supports wildlife e.g. deer all of which are dependent on natural water supply which the project puts at risk. Generally, it appears not all of us in the Mateo Drive neighborhood were notified of this application by the Town of Tiburon even though we all jointly own land within 20 feet of the project and many can see the project site from our individually owned property. This placed serious time restraints on some. SUPPORTING DOCUMENT FILED BY APPLICANT Re MEMO BY GEOENGINEERING INC. The document does not address the focus issue in this situation, groundwater recovery (see lines 5 and 6). At line 23 the document admits ...all water wells lower ground water... but provides no specifics and makes no attempt to do so. Perhaps this is in line with the statement the document does not address groundwater recovery and is an attempt to down play that issue. 1/3 z13 This brings up related issue. The project includes an 800 gallon water tank. Water tanks for irrigation only projects are not common. Perhaps the water supply at this site is so limited water must be accumulated so it can be applied to the irrigation process. If that is true the situation must be investigated in a substantive and responsible manner to insure the natural water for the area is not affected. The document indicates the remoteness of the area further reduces the likelihood of any effects to nearby properties (lines 25 and 26). That observation is not responsible in view of the fact that the document indicates the well is within 20 feet of 2 open space properties, the Ring Mountain Nature Reserve and the Mateo Drive open space. Both these properties are dependent upon natural water supply to maintain their natural status. Lack of relevance and responsibility are lacking in the document. It does not address the affect on natural groundwater (lines 5 and 6). It effectively takes no responsibility for any thing (lines 33, 34 and 35) and (lines 41,42, 43 and44) It has no basis to be included in the decision making process. TOWN OF TIBURON MUNICIPAL CODE CHAPTER 13F WATER WELL CONSTUCTION AND USE 13F-1 Purpose It is the purpose of this chapter to provide for...water from wells that will not jeopardize the ...welfare of the other residents of the town. Welfare is defined as a condition of happiness, prosperity...well being. Webster's New World Dictionary. If the project will jeopardize the welfare of other residents of the town the project should not be approved under the conditions of purpose of Chapter 13F. That rule seems very simple and clear. 13F-5 Findings for approval (a)(3) The granting of the permit will not be detrimental to the public ...nor injurious to other properties in the vicinity. 3/3 As indicated in the CONCLUSION the project will jeopardize other residents of the town and will be detrimental to the public and injurious to other properties in the area, in particular the Ring Mountain Reserve and open space owned by Mateo Drive Home Owners both of which are within 20 feet of the project and subject to depletion of their natural ground water. CONCLUSION This project will put at risk the natural ground water supply that supports natural vegetation and animals living in the area including the Ring Mountain Reserve, open space jointly owned by Mateo Drive Home Owners that is open to the general public and other natural growth e.g. live oaks and deer that live throughout the neighborhood. That will affect the character of the areas mentioned above including the Town of Tiburon which will decrease the welfare of Tiburon Peninsula residents and the general public. The project also poses economic damage to our property values. The natural water supply for the above area should not be put at risk by some individuals who want to use that water to water their own non natural vegetation. They should get their water for that purpose from the same source as the rest of us in the area , Marin Municipal. As to whether the applicants gain any advantage from the project has no standing in the Municipal Code cited above Larry E. Cushing 24 Mateo Drive 415-435-5820 cushinglec@aol.com GEOENGI]VEERING, INC. Geotechnical Engineering Consultants 124 Paul Drive, Suite 4_105 San Rafael, CA 94903 Mr. Matthew LeMerle 4545 Paradise Drive Tiburon, CA 94920 Phone & Fax (415) 492-1747 Robert H. Settgast P.E. G.E. rhsettgast tmail. coin April 29, 2015 File No. 4-154-mim GEOTECHNICAL EVALUATION POTENTIAL GEOLOGICAL EFFECTS NEW WATER WELL 4545 PARADISE DRIVE TIBLRON, CALIFORNL4 I Our firm has been retained to perform the entitled services, on behalf of the addressee.. by 2 Petersen Associates of San Rafael who are the landscape architects. The well will be drilled by Weeks Drilling & Pump of Sebastopol. We have performed a 4/27/25 site evaluation that included a reconnaissance of the site and its environs, percussion soundings, and a review of the 1976 geologic maps. Neither 6 evaluations of drilling feasibility or groundwater recovery are included in our services. 7 As the attached Site Plan and Aerial Photo show, the new well will lie near the 20 ft setback t inside the south-westerly property comer. Grades here fall southerly at slope averaging et 35%. A shallow south-easterly draining swale traverses —100 ft to the southwest from the lo drill site (areal photo). The site is vegetated with thin natural grass and random shrubbery. 11 From percussion soundings, we identified weathered bedrock 4 to 5 ft deep. It is exposed (L on nearby roadway cuts, and is classed as typical Franciscan sandstones/shales on the r3 Geological Map. The mantle soils are typical medium to stiff sandy clay colluvium. that iyshow dampness below -3 ft !S Some surficial irregularities that may reflect soil creep are apparent. Such features are f6 common on comparable slopes in this area, and we found no indications that they reflect 1 - deep instability. The Geological Maps show some surficial slides activity in nearby areas, 18 but not here. q The drilling contractor has advised us that they plan to utilize direct air rotary methods with o an -- 8 inch drill. Typically such wells are 200 to 300 ft deep and require three to five days. 11 If caving conditions render this system inoperative --which now appears unlikely—direct mud 2 7,rotary drilling would be employed. 2 3 As for all water wells, its operation would lower the groundwater to some degree, but we 2 L/ found no indicators that this would be more significant here than other local sites. The Z 5 relative remoteness of this area further reduces the Iikelihood of any effects to nearby 26 properties. 4-I54-mlm -2- GEOE1 NEERING, INC. As a precaution, drilling should be intermittently observed by our firm If potentially adverse conditions appear, we would then review conditions and implement appropriate remedial measures with the contractor --although the need for this now appears highly unlikely. o 0 o In view of the above points, all indicators show that drilling and operation of this well will pose no adverse geological effects within the surrounding areas. CLOSURE AND LLUITATIONS By accepting this report the client and other recipients acknowledge their understanding and acceptance of the following terms and conditions. They also acknowledge that no verbal or written guarantees were made by the undersigned. Even though we see no reason to suspect that the soil or foundation behavior will differ from our predictions: one must recognize that factors contributing to hillside and foundation instability, surface and groundwater seepage, and other geotechnical related problems cannot always be detected. This report represents our best judgment based on the available information and complies with current standards of practice for projects of comparable scope and budgets. No forms of warranty or insurance coverage are expressed or implied in our reports or other communications. In any case, our liability cannot exceed our fee for this project. We carry no errors and omission insurance. -o0o- We trust that this report provides the information required. You may contact us for clarification. RHS:lw Attachments: CC: Email: Respectfully submitted GEOENGLNEERING INC. Robert H Settgast Professional Geotechnical Engineer Site Plan Aerial Photos Site Photos Petersen Associates 24 HStreet San Rafael, C4 94901 ppedersen@pedersenassociates. corn june@weeksdrilling.com 4545 Paradise Dr - Google Maps 11 4545 Paradise Dr r Street view • Search nearby[] https:l,www.googl' nhnapstplace/4545+Paradise+Dr,+Tiburon,+C... rile 4-151 7121172 �Nrv€J /Ant+( •V Z V M64 -e , t? we r A-14/WELL u25/J/DA/ f p f Iaid Lf 17 C4 f105fi Imagery 02715 DigltalGlobe, U.S. Geological Survey, USDA Farm Service agency, Map data 02015 Google 100 fl 1 of 1 412712015 10:12 MV 1 • • , • . • • • • • e • •* „ •.• • t17.. •••• • 0)* .4 • - . ide Li -L5-1-7)7/772 • -••- . . • .>"•,..„ , , • .1 .,.,. 1.. - .--.1 .% - • ... .4 1,., ..,:: ,.. iv it . - • • ' • /. f • • a ..-•••"" ••• , - , I in —60 ft '-- , 712. ...__— SITE PLAN PROPOSED WELL 5W PROPERTY CORNER 4545 PARADISE DR 71BURON, CA j (El ACCESS ROAD File 4-154-mim April 27, 2015 GEOENGThTEERING INC Matthew LeMerle 4545 Paradise Dr Tiburon. CA Jen, tai mealy 28, 2015 LATF MAIL #C3 Town of Tiburon Community Development Department Re Application To Drill and Operate Water Well at 4545 Paradise Drive This project will put at risk the natural water supply that supports natural vegetation and animals living in the area including, the Ring Mountain Nature Reserve, open space, jointly owned by Mateo Drive Home Owners, with natural vegetation which is not irrigated and supports natural wildlife, and other native growth i.e. live oak trees that grow throughout the neighborhood. The natural water supply for the above natural plants and wildlife should not be put at risk by some individuals who want to use that water to water their own non natural vegetation. They should get -their water from the same source as the rest of us in the area, Marin Municipal. The above also poses economic damage to our property values. Larry Cus 24 Mateo i 've Tiburon cushinglec®aol.com Jen, Ha1 .JJr28,2015 LATE MAIL #C3 Town of Tiburon Community Development Department Re Application To Drill and Operate Water Well at 4545 Paradise Drive This project will put at risk the natural water supply that supports natural vegetation and animals living in the area including, the Ring Mountain Nature Reserve, open space, jointly owned by Mateo Drive Home Owners, with natural vegetation which is not irrigated and supports natural wildlife, and other native growth i.e. live oak trees that grow throughout the neighborhood. The natural water supply for the above natural plants and wildlife should not be put at risk by some individuals who want to use that water to water their own non natural vegetation. They should get their water from the same source as the rest of us in the area, Marin Municipal. The above also poses economic damage to our property values. Larry Cus 24 Mateo i 've Tiburon cushinglec@aoLcom TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 3, 2015 Agenda Item: CC -3 STAFF REPORT To: From: Subject: Reviewed By: Mayor and Members of the Town Council Community Development Department 4545 Paradise Drive; File #WELL2015001: Water Well Application to Install and Operate a Non -Potable (Irrigation) Well for an Existing Single -Family Dwelling BACKGROUND PROPERTY OWNER: APPLICANT: WELL INSTALLER: ADDRESS: ASSESSOR PARCEL NUMBER: FILE NUMBER: ZONING: PRECISE PLAN: GENERAL PLAN: FLOOD ZONE: PROPOSAL Matthew LeMerle and Allison Davis Pederson Associates Landscape Architects Weeks Drilling & Pump Company 4545 Paradise Drive 038-141-16 WELL2015001 RPD (Residential Planned Development) Pellegrinelli Precise Plan (PD #8) ML (Medium Low Density Residential) X (Outside 500 -year storm event) Property owners of 4545 Paradise Drive have submitted an application to drill and operate a non - potable water well on their lot for purposes of landscape irrigation to supplement existing Marin Municipal Water District service to the site. The water well would be located on the southwestern portion of the parcel, adjacent to private open space (see Exhibit 1). The proposed well is anticipated to be 5 inches in diameter and 300 feet deep. The project would also include a pump mechanism and one water storage tank, which would be 12 feet in length and 8 feet in height. The storage tank would be located above grade. Design review approval and building permits would be required for any such appurtenances to the water well. ANALYSIS In reviewing well permit applications, the Town must ensure that the proposal is in compliance with the requirements set for in Chapter 13F of the Municipal Code (water well construction and use). In accordance with Chapter 13F, staff has made the following findings: • The applicant has provided the necessary documentation to ensure that the contractor performing the work has the appropriate credentials, and that the location of the proposed well will not adversely affect the properties in the vicinity. TOWN OF TIBURON PAGE 1 OF 2 f�nti n Council \lcctin, .June 3, 2015 • Based on the submitted application materials, which include a report prepared by a certified geotechnical engineer, it appears that the granting of the permit will neither be detrimental to the public health, safety or welfare, nor injurious to other properties in the vicinity. • Construction access would be provided by an existing access road, which extends off the existing driveway along the southern portion of the property. Based on the above findings, Staff concludes that the project is in compliance with the Town's requirements regarding permitting of irrigation wells. Public Comment As of the date of this report, one correspondence has been received regarding the subject application. PRELIMINARY ENVIRONMENTAL DETERMINATION Planning Division Staff has made a preliminary determination that this proposal would be categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 (Class 3, New Construction) of the CEQA Guidelines. SUBSEQUENT PERMITS Certain improvements associated with the project would be subject to building permits. RECOMMENDATION Staff recommends that the Town Council adopts the Resolution confirming the CEQA determination of exemption and approving the well permit application subject to conditions. EXHIBITS 1. Draft Resolution 2. Application Materials Submitted 3. Email dated May 25, 2015 from Janet Weiner 4. Aerial Map of 4545 Paradise Drive and neighborhood Prepared By: Kyra O'Malley, Assistant Planner Tow\ OF DM t,:: P,,gc 2 ol 2 RESOLUTION NO. DRAFT -2015 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE INSTALLATION OF A NON -POTABLE (IRRIGATION) WELL ON PROPERTY LOCATED AT 4545 PARADISE DRIVE ASSESSOR PARCEL NUMBER 038-141-16 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. An application for drilling of a non -potable water well has been submitted by the property owners of 4545 Paradise Drive (a personal residence). B. The Town Council has reviewed the application and determined that the project is consistent the requirements of Chapter 13F of the Municipal Code concerning water wells and is consistent with the Tiburon General Plan. C. The Town Council has determined that the project is categorically exempt from the requirements of CEQA per Section 15303(d) of the CEQA Guidelines. D. The Town Council finds that the project, as conditioned, will neither be detrimental to the public health, safety, or general welfare nor injurious to other properties in the vicinity. E. The Town Council finds that the owner has provided a written report from a registered geotechnical engineer stating that the water well is unlikely to produce harmful impacts on neighboring properties or result in subsidence. Section 2. Approval. NOW, THEREFORE, BE IT RESOLVED that the Town Council approves the application for installation of a non -potable (irrigation) water well at 4545 Paradise Drive subject to the following conditions: 1. The well shall meet all applicable well standards adopted by Chapter 7.28 of the Marin County Code, or successor sections thereto, and any other regulations adopted by the County pursuant thereto. 2. The well shall meet all applicable requirements of the Marin Municipal Water District. Town Council Resolution No. Draft -2015 June 3, 2015 1 EXHIBIT NO. 1 3. No well -related work shall commence until such time as a Well Permit Certificate has been issued by the Director of Community Development. Hours of well drilling and any associated construction shall conform to building permit construction hours set forth in Title IV, Chapter 13 of the Tiburon Municipal Code. 4. Any and all equipment and/or vehicles associated with the well construction shall not prevent or substantially impede vehicular passage on any street within the Town of Tiburon. 5. Site Plan and Architectural Review approval shall be required for any structures associated with the well, such as water storage containers and pump equipment, which require such approval pursuant to Title IV, Chapter 16 of the Tiburon Municipal Code. 6. Building permits shall be obtained for all project elements subject to such permits pursuant to Title IV, Chapter 13 of the Tiburon Municipal Code. 7. This approval may be suspended or revoked for cause, pursuant to Title IV, Chapter 13F, Section 13F-8 of the Tiburon Municipal Code. 8. This approval shall expire and become null and void six months after Council approval unless vested by securing of subsequent permits. One extension of up to six months may be granted by the Town Manager for good cause. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on , 2015, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. Draft -2015 FRANK X. DOYLE, MAYOR TOWN OF TIBURON June 3, 2015 2 EXHIBIT NO.� �, 0�z TOWN OF TIBURON 1505 TIBIURON BOULEVARD • T113uRON • CA.. APPLICATION FORWELL PERMIT APR z , 2015 PLANNING DIVISION 94020 • (4)5) 435-7373 FAX (415) 435-2438 SITE ADDRESS: OWNER OF PROPERTY: MAILING ADDRESS: CITY/STATE/ZIP: PHONE NUMBER: APPLICANT: (Other than Prope MAILING ADDRESS: CITY/STATE/ZIP: PHONE NUMBER: WELL DRILLER: MAILING ADDRESS: CITY/STATE/ZIP: PHONE NUMBER: S `f 5 PI SE `fir �� 7W142 -(rt) M -7i c�✓ Lt 11 Es2c,E N K'<✓ `PISA S YS t �-A-p e Oft/r-tOcil?--t-) t(PH --:(04I v'nc iro g orowla 9l .ari.covi-t Owner) f T �G 7�fZd" /J rty j P$P t2tiEM 4I.0 /1-M,S S7 T -r CA r9 �L cy- ?1(70 f7 • erJ-etn e �e�errep, S!'ocra�e c 01"-7 I * . - - _ P142-1-1 • .2o70 n( �-ceo �-f- ��vM(P 70 fiZo2c I8 �tz� s-�v pv —1 4 9. 73 y «I l ZONING:.SMM611.-- (f 170-10. PARCEL NUMBER: O3 e PROPOSED USE OF WELL: PROPOSED DEPTH OF WELL: i21ZI A -4 -rt 0AI Please indicate with an asterisk (*) persons to whom correspondence should be sent. Signatur Date: EXHIBIT NO. TOWN OF TIBURON LAI\ D DEVELOPMENT APPLICATION o Conditional Use Permit o Precise Development Plan o Secondary Dwelling Unit o Zoning Text Amendment o Rezoning or Prezoning o General Plan Amendment o Temporary Use Permit TYPE OF APPLICATION o Design Review (DRB) o Design Review (Staff Level) o Variance(s) # o Floor Area Exception o Tidelands Permit o Sign Permit o Tree Permit -0)2©.n\V MAY "i i 2015 J PLANNING DIVISION o Tentative Subdivision Map o Final Subdivision Map o Parcel Map o Lot Line Adjustment o Condominium Use Permit o Seasonal Rental Unit Permit b(Other 1�V 1<LJ. P Er (r APPLICANT REQUIRED INFORMATION SITE ADDRESS: 4545 PARADISE DR. PARCEL NUMBER: 038-141-16 PROPERTY SIZE: 248,438 SQ.FT. ZONING: SINGLE FAMILY —RESID. IMPROVED PROPERTY OWNER: MATTHEW LE MERLE AND ALISON DAVIS MAILING ADDRESS: 4545 PARADISE DR. TIBURON PHONE/FAX NUMBER: 415-997-9937 E-MAIL: mlemerle@gmail.com adavisgroup@gmail.com APPLICANT (Other than Property Owner): PETE PEDERSEN, PEDERSEN ASSOCIATES MAILING ADDRESS: _24 H STREET, SAN RAFAEL, CA 94901 PHONE/FAX NUMBER: 415 456-2070 E-MAIL: Ppedersen@pedersenassociates.com jperko@pedersenassociates.com ARCHITECT/DESIGNER/ENGINEER PETE PEDERSEN, PEDERSEN ASSOCIATES MAILING ADDRESS: 24 H STREET, SAN RAFAEL, CA 94901 PHONE/FAX NUMBER: 415 456-2070 E-MAIL: Ppedersen@pedersenassociates.com jperko@pedersenassociates.com Please indicate with an asterisk (*) persons to whom Town correspondence should be sent. BRIEF DESCRIPTION OF PROPOSED PROJECT (attach separate sheet if needed): AN IRRIGATION WELL IS PROPOSED AT THE SOUTHWEST CORNER OF 4545 PARADISE DR (APN 038-141-16) OUTSIDE OF THE 20' SETBACK. THE WELL WILL BE INTENDED FOR IRRIGATION PURPOSES ONLY AND WILL NOT BE USED FOR POTABLE WATER - SUPPLY. IT IS ANTICIPATED THAT THE WELL WILL BE DRILLED TO APPROXIMATELY 300 FEET DEEP. A NEW 5000 GALLON WATER STORAGE TANK (12' DIAMETER AND 8' TALL), NEW 4X6 CONCRETE PAD, NEW 220 VOLT ELECTRICAL AND NEW PRESSURE _SYSTEM WILL ALSO BE INSTALLED NEAR THE WELL HEAD. IT IS PREDICTED THAT THE SYSTEM WILL GENERATE AN INSIGNIFICANT AMOUNT OF NOISE AND WILL ONLY RUN INTERMITTENTLY. ACCESS (ENTRY AND EXIT) TO THE SITE WILL BE FROM AN EXISTING ACCESS ROAD EXTENDING FROM THE DRIVEWAY. NO UNUSUAL CIRCUMSTANCES ARE ARE ANTICIPATED FOR THE PROJECT - THAT WOULD CAUSE ADVERSE EFFECTS ON THE PROPERTIES IN THE VICINITY. TOTAL PROJECT CONSTRUCTION DURATION IS EXPECTED TO BE APPROXIMATELY (1) WEEK AFTER CONSTRUCTION HAS COMMENCED. EXHIBIT NO• �' I, the undersigned owner (c- authorized agent) of the property herein dc,.,..ribed, hereby make application for approval of the plans submitted and made a part of this application in accordance with the provisions of the Town Municipal Code, and I hereby certify that the information given is true and correct to the best of my knowledge and belief. I understand that the requested approval is for my benefit (or that of my principal). Therefore, if the Town grants the approval, with or without conditions, and that action is challenged by a third party, I will be responsible for defending against this challenge. I therefore agree to accept this responsibility for defense at the request of the Town and also agree to defend, indemnify and hold the Town harmless from any costs, claims or liabilities arising from the approval, including, without limitation, any award of attorney's fees that might result from the third party challenge. Signature:* Date: 5/8/15 The property involving this permit request may be subject to deed restrictions called Covenants, Conditions and Restrictions (CC&Rs), which may restrict the property's use and development. These deed restrictions are private agreements and are NOT enforced by the Town of Tiburon. Consequently, development standards specified in such restrictions are NOT considered by the Town when granting permits. You are advised to determine if the property is subject to deed restrictions and, if so, contact the appropriate homeowners association and adjacent neighbors about your project prior to proceeding with construction. Following this procedure will minimize the potential for disagreement among neighbors and possible litigation. Signature:* Date: 5/8/15 *If other them uwreur, 3e nuve an authorization letter from the owner or evidence of de facto control of the property or premises for purposes of filing this application NOTICE TO APPLICANTS Pursuant to California Govemment Code Section 65945, applicants may request to receive notice from the Town of Tiburon of any general (non -parcel -specific), proposals to adopt or amend the General Plan, Zoning Ordinance, Specific Plans, or an ordinance affecting building or grading permits. If you wish to receive such notice, then you may make a written request to the Director of Community Development to be included on a mailing list for such purposes, and must specify which types of proposals you wish to receive notice upon. The written request must also specify the length of time you wish to receive such notices (s), and you must provide to the Town a supply of stamped, self-addressed envelopes to facilitate notification. Applicants shall be responsible for maintaining the supply of such envelopes to the Town for the duration of the time period requested for receiving such notices. The notice will also provide the status of the proposal and the date of any public hearings thereon which have been set. The Town will determine whether a proposal is reasonably related to your pending application. and send the notice on that basis. Such notice shall be updated at least every six weeks unless there is no change to the contents of the notice that would reasonably affect your application. Requests should be mailed to: D Town of Tiburon �J V Community Development Department Planning Division _ MAY 1 1 2015 1505 Tiburon Boulevard —J Tiburon, CA 94920 PLANNING DIVISION (415) 435-7390 (Tel) (415) 435-2438(Fax) www.townoftiburon.org DO NOT WRITE BELOW THIS LINE DEPARTMENTAL PROCESSING INFORMATION d DO Application No.: W ELL2s1 5e p ( GP Designation: Fee Deposit: `P go U— Date Received: Received By: LC Receipt #: Date Deemed Complete: By: Acting Body: Action: Date: Conditions of Approval or Comments: Resolution or Ordinance # EXHIBIT NO•_ 3 or \L. GEOENGINEERING, INC. Geotechnical Engineering Consultants 124 Paul Drive, Suite 4105 Phone & Fax (415) 492-1747 San Rafael, C.4 94903 Robert H. Settgast P.E. G.E. rhsettgastrhotrnail. corn Mr. Matthew LeMerle 4545 Paradise Drive Tiburon, CA 94920 April 29, 2015 File No. 4-154-mhn GEOTECHNICAL EVALUATION POTENTL4L GEOLOGICAL EFFECTS NEW W4TER WELL 4545 PARADISE DRIVE TIBURON CALIFORNL4 Our firm has been retained to perform the entitled services, on behalf of the addressee, by Petersen Associates of San Rafael who are the landscape architects. The well will be drilled by Weeks Drilling & Pump of. Sebastopol. We have performed a 4/27/25 site evaluation that included a reconnaissance of the site and its environs, percussion soundings, and a review of the 1976 geologic maps. Neither evaluations of drilling feasibility or groundwater recovery are included in our services. As the attached Site Plan and Aerial Photo show, the new well will lie near the 20 ft setback inside the south-westerly property corner. Grades here fall southerly at slope averaging 35%. A shallow south-easterly draining swale traverses -100 ft to the southwest from the drill site (areal photo). The site is vegetated with thin natural grass and random shrubbery. From percussion soundings, we identified weathered bedrock 4 to 5 ft deep. It is exposed on nearby roadway cuts, and is classed as typical Franciscan sandstones/shales on the Geological Map. The mantle soils are typical medium to stiff sandy clay colluviurn. that show dampness below —3 ft. Some stn -ficial irregularities that may reflect soil creep are apparent. Such features are common on comparable slopes in this area, and we found no indications that they reflect deep instability. The Geological Maps show some surficial slides activity i.n nearby areas, but not here. The drilling contractor has advised us that they plan to utilize direct air rotary methods with an —. 8 inch drill. Typically such wells are 20010 300 ft deep and require three to five days. If caving conditions render this system inoperative --which now appears unlikely—direct mud rotary drilling would be employed. As for all water wells, its operation would lower the groundwater to some degree, but we found no indicators that this would be more significant here than other local sites. The relative remoteness of this area further reduces the likelihood of any effects to nearby properties. EXHIBIT rro._2-2„. g�F \2- 4-154-ntltn -2- GEOEI NEERING, INC As a precaution, drilling should be intermittently observed by our firm If potentially adverse conditions appear, we would then review conditions and implement appropriate remedial measures with the contractor --although the need, for this now appears highly unlikely. -oOo- In view of the above points, all indicators show that drilling and operation of this well will pose no adverse geological effects within the surrounding areas. CLOSURE AND LIMITATIONS By accepting this report the client and other recipients acknowledge their understanding and acceptance of the following terms and conditions. They also acknowledge that no verbal or written guarantees were made by the undersigned. Even though we see no reason to suspect that the soil or foundation behavior will differ from our predictions, one must recognize that factors contributing to hillside and foundation instability, surface and groundwater seepage, and other geotechnical related problems cannot always be detected. This report represents our best judgment based on the available information and complies with current standards of practice for projects of comparable scope and budgets. No forms of warranty or insurance coverage are expressed or implied in our reports or other communications. In any case, our liability cannot exceed our fee for this project. We carry no errors and omission insurance. -oOo- We trust that this report provides the information required. You may contact us for clarification. Respectfully submitted, GEOENGLYEERING INC. Robert 1•I, Settgast Professional Geotechnical Engineer RHS: iw Attachments: Site Plan Aerial Photos Site Photos CC: Petersen Associates 24 HStreet San Rafael, C4 94901 Email: ppedersen@pedersenassaciates.com june a weeksdrilling.com EXHI BIT NO._ Df 4545 Paradise Dr - Google Maps `•„- 4545 Paradise Dr Street View - Search nearby https://www.googl' n`maps/place/4545+Parad ise+Tiburor>+C... Fde 4I -1.5a- ')22%m ?/ Pi1i.€: L i CJS% / A A/ Y0c�iSe Da' if �r ,1i C4 "7i 0 5 ft EXHIBIT N0. •f iaJ Imagery *20:5 DigftalGlobe, US. Geological Survey, USDA Farm Service Agency. Map data b:2015 Google 100 ft 1 of 1 4/27/2015 10:12 AM • 1 -3- • .• •-• tr: • • > i :1 • • I • k • -TT— . • • rd ie 1./' *272 . -.., • •••••••••• r.. ' • • - .)// . • '.s. - ... .t., • , . • - - ‘•-. : ' . "'ill./ - , - - . ' •• 1 \ . • I- . . . . --.. ',ZS. '--• . . ••• L -4,•111illik, . -1.-.-"- .,„. •;•0 I. • •,.1 •'a r • • ----0- -,' , e 1 ' I. .• , -a . . ;.--' - 7 ._)•••••• - '-r-••••-.• •!.-.. ' ' • • I, ' I. ••• ,:'-'''''* . . ••/('-' - - • • -../ ' e . „.:-._-_,- ..... r• • .-.•••-• / . r'• ' ''''" ..-"" ..//-• ‘i ' - .: ri, .-• .. • 11111rni ill ' • N-• .., " r • ', '. s MINIM'. ' • k / . I. ••,'•• I. ••.•- __..,--... • 1 ' ..• . ...' • .•-- • ...1 r--- •.\:' I 1 .,---r••`• ..• • i' • -, ,,-r . . -.: .., ' • 1 , ..: \ rr• •• •••\ ... • 1 „.% .- t • • „, , , 1 • '' •• r / I • j . I 1 ' r • I / : ?" • r. /.. . A 4 . • - .• • J % .1 ' ? . : . ' ' t , . • ' IV . • • - r: • i• ->•••1••••••••- I . - • 0 • :0'1 , . . • • ( I.' • • .r- , • , t ; , 1.• :•••• , 1, t I i'. '• ' : -------•,_ '. I :* • r.; , f • i ?..,(---------- i I' -. .. . • 0 ., ) i ? . ' • • / e . • „toil LI:t1 st . e ,... , ,. . 3 • • r ' r.*1•4 - .1 . . : f • .:' • • • f f ? -,,„....,•,......--, ..,r. / / .1 .. .1/ ..... -•• ....• . :•/- 1 , -k, ' - • ., / --1 , l r i ( L -:.. e --\-- ---- r. .: ...-- ......--..............,.- :.._ -.- "....-''-"''''.''''",,.... ..1, ‘ ,70/fra9 1 , ...— ...- I in - 60 ft atm .usi3dos3e _..__.. . SITE PLAN PROPOSED WELL 5W PROPERTY CORNER 4545 PARADISE DR TIBURON, CA (E) AC(ESS ROAD- \ File 4-154-mlm April 27, 2015 GEDENGTNEERING INC Matthew Le.A�Terle 4545 Paradise Dr Tiburon. CA ,� J 'EXHIBIT NO. O`-' MAIN MUNICIPAL T ATER DrSTRICT April 28, 2015 Pete Pedersen Pedersen Associates Landscape Architecture 24 H Street San Rafael, CA 94901 220 \ellen Avenue Corte Madera CA 04025-11N www.mar11nvater.!)rg APR 2 8 2015 PLANNING DIVISION Re: 4545 Paradise Drive, Tiburon Project #:2015-31; APN: 038-141-16; Service or Meter #: 15242 WATER CONSERVATION ORDINANCE 421 Landscape Project Exemption Letter Dear Mr. Pedersen: This project does not need to be in compliance with the landscape portion of Water Conservation Ordinance 421 because the landscape area is smaller than what is required by the ordinance. However, the District does suggest that all principles found in the ordinance be implemented. Please note, any interior plumbing installed, replaced or moved in any new or existing service will need to meet Ordinance 421 minimum requirements. Please contact the following individuals if you have further questions: Regarding meters and water service: Chris Borjian at (415) 945-1531; Regarding backflow prevention devices and recycled water: Dewey Sorensen at (415) 945-1558. If you have questions, please call me at (415) 945-1149. Sincerely, Greg Van Trump Water Conservation Specialist Cc: Dewey Sorensen, MMWD Chris Borjian, MMWD Joseph Eischens, MMWD EXT3TBIT NO. 02- WELL PERMIT CERTIFICATE A. NON -POTABLE WATER WELLS 1. Who will perform the work Name D!"24 L - f (71" Alin? p©EAWE APR 282015 PLANNING DIVISION Address Po j'o 17 6 S 0 L CR- 751-17'7. Phone ?O'7 • 0 2**" - 2. A valid Worker's Compensation Certificate Yes-r'�lrr�7z(It Li No Expiration Date 1 of - Z.�f B. POTABLE WATER WELLS (plus the above items) 1. 2. 3. Written Certification from the Fire Marshall stating that the well and water system will have sufficient storage capacity and water pressure to satisfy on-site fire containment needs, including sprinklers. An agreement, on behalf of himself and all successors in interest indemnifying, defending, and holding harmless the Town in the event of any future inadequate supply of potable water resulting from any cause. Such agreement shall be approved by the Town Attorney and recorded by the Town. Evidence that a statement, written to the satisfaction of the Town Attorney, has been recorded on the title of the affected property, which statement shall contain the following disclosure: As of this recording date, this property is served by a private water well and is not connected to the public water system. In the event the well fails, there is no assurance that the property will be able to connect to the public water system. Information concerning the current status of this property relative to the public water system is available from the Marin Municipal Water District. Planning Director EXHIBIT N ---- '01L "AC -CPR CP WEEKS -2 CERTIFICATE OF LIABILITY INSURANCE PRODUCER Phone: 707-782-9200 Don Ramatici Insurance, Inc. P.O. Box 551 Petaluma, CA 94953 W. Thomas Griffith INSURED Weeks Drilling & Pump Co. PO Box 176 Sebastopol, CA 95473 OP ID: MD DATE (MM(DD/YYYY) 01108/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGFITS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A: State Compensation Ins. Fund INSURER B: INSURER C: INSURER 0: INSURER E: NAIC # 35076 v THE ANY MAY POLICIES. INSR POLICIES REQUIREMENT, PERTAIN, AGGREGATE A1Dy- IN SRUO OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YYYY) POLICY EXPIRATION ATE IMM/DDIYYYYI LIMITS EACH OCCURRENCE 5 LIR GENERAL - ..... — LIABILITY COMMERCIAL GENERAL LIABILITY __I CLAIMS MADE ri OCCUR DAyTKGE 16 -RENTED PREMISES rEn occuronce) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE 5 GEN'L AGGREGATjE LIMIT APrPLIES PER' i POLICY': I JEGT i LOC PRODUCTS - COMP/OP AGG 5 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCFIEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (PER PERSON) $ BODILY INJURY (PER ACCIDENT) 5 PROPERTY DAMAGE (PER ACCIDENT) $ GARAGE 1 LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT 5 OTHER T♦IAN EA ACC $ AUTO ONLY: AGG 5 _EXCESS! 1 UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ $ —~ $ $ A WORKERS AND EMPLOYERS' ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER (Mandatory 1f yes, describo SPECIAL COMPENSATION LIABILITY I (N 911374114 10/0112014 10/01/2015 �( I WC STATU- OTH- I TORYI.IMITS ER E.L. EACH ACCIDENT $ 1,000,000 1 EXCLUDED? ` I1,000,000 E.L. DISEASE - EA EMPLOYEE $ in NH) undor PROVISIONS below E.L DISEASE - POLICY LIMIT 1000,000 $ + OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS CERTIFICATE HOLDER CANCELLATION ACORD EVIDENCING CURRENT COVERAGES pelBWE-ll\ P 282015 _ QR J .5 (2009/01) PLANNING DIVISION SAMPLEC SHOULD ANY OFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE © 1988-2009 ACORD CORPORATION. All ried, The ACORD name and logo are registered marks of ACORD EXHIBIT fit• \\ ov12 APR 'L 3 2015 APR 2 8 2015 J J PLANNING DIVISION Slate Of California W::.,„CAMTRACTORS STATE LICENSE BOARD cum,. ACTIVE LICENSE 177681 E. CORP Qom..,,... WEEKS DRILLING AND PUMP CO C61/021 C57 C36 09/30/2016 www.cstb.ca.gov EXHIBIT NO. 02 Kyra O'Malley From: Janet Weiner <janet@rockstarenergy.com> Sent: Monday, May 25, 2015 2:59 PM To: Kyra O'Malley Subject: FW: IRRIGATION WELL APPLICATION 4545 PARADISE DRIVE TIBURON CA 94920 HI KYRA, (CORECTING TYPOS & SENDING ALONG AN ATTACHMENT THAT MIGHT BE WORTH WHILE) - J.WEINER http://www.groundwater.org/get-informed/groundwater/overuse.html PLEASE SEE CAUTIONS IN THIS REPORT: SPECIFICALLY "GROUNDWATER DEPLETION IS PRIMARILY CAUSED BY SUSTAINED GROUNDWATER PUMPING. SOME OF THE NEGATIVE EFFECTS OF GROUNDWATER DEPLETION: "REDUCED SURFACE WATER SUPPLIES" GROUNDWATER AND SURFACE WATER ARE CONNECTED. WHEN GROUNDWATER IS OVERUSED, THE LAKES, STREAMS. & RIVERS (LE. SF BAY IN OUR AREA) CONNECTED TO GROUNDWATER CAN ALSO HAVE THEIR SUPPLY DIMINISHED." From: Janet Weiner Sent: Monday, May 25, 2015 12:55 PM To: 'Kyra O'Malley' Subject: IRRIGATION WELL APPLICATION 4545 PARADISE DRIVE TIBURON CA 94920 HELLO KYRA, I AM IN RECEIPT OF "COURTESY NOTICE" FOR IRRIGATION WELL. HAS ANY ENVIRONMENTAL IMPACT REPORT BEEN DONE FOR THIS APPLICATION? THE IMPACT OF TAPPING INTO UNDERDGROUND AQUIFIRS OR STREAMS THAT LEAD TO OTHER AREAS AND INTO SAN FRANCISCO BAY AFFECTS WILDLIFE IN THE HILLS AS WELL AS IN THE BAY. OUR DEER, OWLS, RABBITS, PEREGRINE FALCONS & OTHER WILDLIFE RESIDENTS OF RING MOUNTAIN HAVE BEEN STRESSED ENOUGH TRYING TO FIND DRINKING WATER ON THE MTN OVER THE PAST FEW YEARS DUE TO THE DROUGHT. THE STREAMS THAT RUN INTO SAN FRANCISCO BAY FURNISH VITAL FRESH WATER TO MAINTAIN DELICATE ECOSYSTEMS. CRANES, GULLS, PELICANS, SEA OTTERS, HERRING, SALMON AND VARIED OTHER FISH TOO NUMOUS TO MENTION, DEPEND ON A VERY DELICATE FRESH/SALT WATER BALANCE. THE DEEP AQUIFIRS FEED THE STREAMS AND THE BAY. HAS NO ONE GIVEN ANY THOUGHT TO THE LARGER PICTURE HERE? WE ALL RESIDE IN AN INTER -RELATED ECOSYSTEM. HUMANS/PLANTS/BIRDS/WILDLIFE/BAY ANIMAL INHABITANTS... 1 EXHIBIT NO. _--- of 2 I WOULD THINK THAT THE LAST THING THE TOWN COUNCIL IN TIBURON WOULD PERMIT IS FOR SOMEONE TO TAP INTO THE COMMUNITY OWNED AQUIFIR TO SATISFY THEIR OWN PRIVATE & GREEDY SINGULAR NEEDS. THIS IS NOT ONLY SELFISH IN THE EXTREME BUT AN AMAZINGLY AGGRESSIVE ENVIRONMENTALLY INSENSITIVE GRAB. THIS GROUP SHOULD BE ENCOURAGED TO PURSUE ARTIFICIAL LANDSCAPING WHICH REQUIRES NO WATER. THIS IS AFTER THIS GROUP HAS TAKEN DOWN NEARLY ALL THE TREES ON THE PROPERTY. HAS ANYONE STOPPED TO CONSIDER THE LONG TERM IMPACT OF SUCH MASSIVE CHANGES TO THE HILLSIDE THERE. I HAVE SEEN NO REINFORCEMENTS. FURTHER, ABOVE GROUND TANKS ARE EYESORES. PUMP MECHANISMS ARE INCREDIBLY LOUD UNLESS THE MOST EXPENSIVE SOUND PROOFED ARE PURCHASED. PLEASE ADVISE. THANK YOU. JANET WEINER 4663 PARADISE DRIVE TIBURON CA 94920 Due to the nature of the Internet, the sender is unable to ensure the integrity of this message and does not accept any liability or responsibility for any errors or omissions (whether as the result of this message having been intercepted or otherwise) in the contents of this message. This communication is confidential and intended only for the addressee. If you are not the intended recipient, you may not copy, disclose, or distribute this message to anyone else; any such action may be unlawful. If you have received this communication in error, please contact the sender of the message to inform him or her of the error. 2 EXHIBIT NO. �F2 EXHIBIT NO. 4 F .3 1 ,,,...,..,,..1.\ ~5• Jr J J .�, rJ t C f L 10 l \ a1 1 rJ Y ? f wrr + `1 Oat rr •••,ti^ i r,,'•' f \ m7_, JJ 11 5 / t \r l t } ` T. ,r . C `, \ ', ^``••.,� r a.♦rte• 1 (E) 1• WATER METER SERIAL 877545364 WATER METER LOCATION, PRIVATE ROAD AT TOP OF TAYLOR ROAD METER NUMBER (3) OF (4) METERS FROM RIGHT TO LEFT (LOCATION ON PLANS IS APPROXIMATE) (N) BACKFLOW PREVENTER 1• INILKINS (LEAD FREE MODEL% 975XL2-1" AREA OF WORK (SHOWN DASHED) (6) WATER MAIN LINE (N) 220V ELECTRICAL PROVIDE (40) AMP CIRCUIT (E) ACCESS ROA (N) WATER STORAGE TANK 5000 GALLON CAPACITY 12' DIAMETER 8' TALL (N) 4X6' CONCRETE PAD AS NEEDED (N) PRESSURE 5Y5TE (N) WELL HEAD LOCATIO AREA OF WORK (SHOWN DASHED) I \� PROPERTY LINE --•• --•--_ t{ 1 t� f I\ \ 4 '' ! \ "`ti may, ti`~L. JYr y \ ti 4� t. a. r \ r $ \ .-.....r ..�,"4. 3, ,dr t) 1 -. / ,// l e t i S J/ j/ \ . / r t t SC \ J S• '{ % 7f + _,\ \:.rJ IIT < /1 f s / -I-- .,..,• J� 1t Jr ' ~ '4 \ M/I. J/II 'j/i/• / JP s i tiLa. E r/1 %.J•i J r \',f } J •y-, NOTE: 1. ALL ASSEMBLY PARTS (THREADED NIPPLES FITTINGS. ETC.) SHALL BE GALVANIZED CR BRASS PER LOCAL CODES AND REQUIREMENTS 2_ GALVANIZED NIPPLE SHALL EXTEND 17 PAST THE EDGE OF THE CONCRETE FOOTING 3. SCH. 60 PVC MALE ADAPTER SHALL BE USED IN CONNECTION FROM GALVANIZED MAINLINE 4. BACKFLOW PREVENTION DEVICE SHALL BE LOCATED AS CLOSE AS POSSIBLE TO LANDSCAPE WATER METER. 5. BACKFLOW PREVENTION DEVICE SHALL BE LOCATED IN PLANTING AREA UNLESS APPROVED BY OWNER'S REPRESENTATIVE. 6 INSTALL PROTECTIVE FREEZE BLANKET AFTER INSTALLATION. 7. ALL GALVANIZED CONNECTIONS SHALL BE MADE USING PIPE THREAD SEALANT. ALL SCH. 8D PVC TO GALVANIZED CONNECTIONS TO MADE WITH TEFLON TAPE. 5455 BALL VALVE THREADED GALV. NIPPLE REDUCED PRESSURE BACKFLOW ASSEMBLY GALV. NIPPLE CONCRETE PAD 1• ABOVE FINISHED GRAD I i ®§il_ _Yr II®MO =III iO W ■Y III ALV. 90 DEG. ELBOW WRAP 25 MIL TAPE TWICE AROUND ALL GALV. PIPE NOER FINISHED GRADE ANDCONCRETE TRHROUGH ALV. NIPPLE ALV. COUPLING SCH. 80 PVC MALE ADAPTER CONCRETE THRUST BLOCKS REQUIRED ON BACKFLOW DEVICES 2.5" OR LARGER REDUCED PRESSURE BACKFLOW ASSEMBLY RING MOUNTAIN OPEN SPACE Gb.n 144 --= 07" 111.33 1 Cys -It _ � r1L H,.•_ � 03L111JA ;F'q-ft148f 4657' •:_6111_. 48tS (00.11120 4579 me.1(1.i7 120'-0' ISETBACKt t 5 4L • 4, JL ^� I -------------- SITE PLAN 1. � / / r1^\1 ., / qU m J^ V' PROPERTY LINE.___AC 1 '-4 r v1 .._J 0 10 20 30 60 120 SCALE: 1• • 3P.0. FEET SCALE: 01,0-141.13 K1f . 051-145+r, �r.3L„1.,T?4475 40S R-- 4505 •/ . ”06177 t?_r. yr Yi (N) WELL HEAD f1 , LOCATION r3t--.,1-II \ - • • ' e6:ez0.1 2e '` T oeNue I- I T2'we MARIN MAPS - TOPOGRAPHIC MAP r IN) WELL HEAD _ LOCATION SANITARY SYSTEM MAP - SANITARY DISTRICT NO.2 N.T.5. P. PEDERSEN ASSOCIATES LANDSCAPE ARCHITECTS aeacr c Al 4t13 LE MERLE RESIDENCE 4545 PARADISE DRIVE TIBURON. CA APD: 038-141-16 APR 132015 PLANNING DIVISION 04(16115 SW PERMIT SUB 1 DATE ISSUES 8 REVISIONS NO. PROJECT./ 1329 DRAWN BY: JP ORIGINAL DRAWING SIZE: 24" X38• SCALE: AS NOTED LANDSCAPE IRRIG. WELL PLAN SHEET if W-1 �vwM+. sco +.ro.r.. om re e.a b0.Tcx4 .,unwm.a.eart TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting June 3, 2015 Agenda Item: L,z STAFF REPORT To: From: Mayor and Members of the Town Council Office of the Town Manager Subject: Recommendation to Approve Three Year Extension of Agreement with State of California for Local Responsibility Area Wildland Protection for Angel Island Fire Protection Reviewed By: BACKGROUND Angel Island is within the incorporated boundary of the Town of Tiburon. In 2008, a fire engulfed a significant portion of the island, prompting a response from all regional fire suppression districts and departments, including the State of California (CalFire). Some months later, when the details of mutual aid were sorted out, it came to light that despite its inclusion in the Town, Angel Island is not within the boundaries of the Tiburon Fire Protection District, the establishment of which preceded the incorporation of the Town. CalFire turned to the Town to reimburse it for its expenditures in fire suppression, estimated to be $1,000,000. Upon realizing there was an inadvertent gap in fire coverage, CalFire agreed to absorb its cost of fire suppression in this instance (which primarily served to protect the state park and its assets), but advised the Town that future fire response would need to be covered by a reimbursement agreement. A multi-year agreement was negotiated and adopted by the Town Council; it has reached its expiration and must be renewed for continued coverage. The replacement agreement proposed by the State, which has been reviewed by our counsel, is attached. The only substantive difference is modestly increased rates. The Tiburon Fire Protection District has expressed some interest in expanding its borders to cover Angel Island but is unwilling to do so unless a new source of revenue is available to cover the added expense. As a state park, the island does not generate property tax revenue, the normal source of funding for fire services. Unless and until this type of broader solution is secured, staff believes it is prudent for the Town to have an agreement with CalFire for response. It should be noted that the agreement does not cover all fire suppression activity and the Town continues to have exposure to fire suppression expense should a significant fire occur. The agreement does, however, provide a meaningful measure of protection and staff recommends it as insurance against more costly impacts. Fire on an island, which typically necessitates helicopter response, is particularly challenging for responders; CalFire is uniquely capable of assisting the Town should the need arise. TOWN OF TIBURON PAGE 1 OF 2 Town Council Meeting _June 3, 2015 FINANCIAL IMPACT The rate for this agreement was $18,834 in the just -ending fiscal year. The new agreement has a three year term with the following annual rates: FY 2015-2016: FY 2016-2017 FY 2017-2018 $18,979.14 $19,928.10 $20.924.50 Three year TOTAL: $59,831.73 Funding to cover the FY 2015-16 expense is in the proposed budget. RECOMMENDATION Staff recommends that the Town Council: Move to approve, and direct the Town Manager to execute, the attached agreement. Exhibits: State of California Cooperative Fire Programs Local Responsibility Area Wildland Protection Reimbursement Agreement Prepared By: Peggy Curran, Town Manager TOWN nrTutt'RO\ Page 2 of STATE OF CALIFORNIA COOPERATIVE FIRE PROGRAMS LOCAL RESPONSIBILITY AREA WILDLAND PROTECTION REIMBURSEMENT AGREEMENT LG -W REV 03/2015 AGREEMENT NUMBER 1CA02699 REGISTRATION NUMBER: 1. This Agreement is entered into between the State Agency and the Local Agency named below: STATE AGENCY'S NAME California Department of Forestry and Fire Protection — (CAL FIRE) LOCAL AGENCY'S NAME Town of Tiburon 2. The term of this Agreement is: July 1, 2015 through June 30, 2018 3. The maximum amount of this Agreement is: $ 59,831.74 Fifty -Nine Thousand,Eight Hundred and Thirty -One Dollars and Seventy -Four Cents 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement. Exhibit A — Scope of Work — Includes page 2 (contact page) in count for Exhibit A 3 pages Exhibit B — Budget Detail and Payment Provisions 2 pages Exhibit C*— General Terms and Conditions; DGS GTC Version: 610 0 pages Exhibit D — Special Terms and Conditions (Attached hereto as part of this Agreement) 1 pages Exhibit E — Additional Provisions 1 pages *Items shown with an Asterisk (1, are hereby incorporated by reference and made part of this Agreement as if attached hereto. General Terms and Conditions can be viewed at: http://www.dgs_ca.gov/ols IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. LOCAL AGENCY LOCAL AGENCY'S NAME Town of Tiburon BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Margaret Curran, Town Manager ADDRESS 1501 Tiburon Blvd. Tiburon, Ca 94920 STATE OF CALIFORNIA AGENCY NAME California Department of Forestry and Fire Protection BY (Authorized Signature) DATE SIGNED(Do not type) PRINTED NAME AND TITLE OF PERSON SIGNING Phyllis Banducci, Assistant Deputy Director, Cooperative Fire Protection, Training & Safety ADDRESS P.O. Box 944246, Sacramento, CA 94244-2460 California Department of General Services Use Only Contractor Name: Town of Tiburon Contract No: 1CA02699 -2- EXHIBIT A COOPERATIVE FIRE PROGRAMS AGREEMENT FOR PROTECTION OF WILDLANDS WITHIN LOCAL AGENCY RESPONSIBILITY AREA 1. The project representatives during the term of this Agreement will be: CAL FIRE Unit Chief: Name: Phone: Fax: Scott Upton (707) 967-1411 (707) 967-1473 All required correspondence shall be sent through Local Agency: Name: Phone: Fax: Town of Tiburon Margaret Curran (415) 435-7383 (415) 435-2438 U.S. Postal Service by certified mail and directed to: CAL FIRE Unit Chief: Scott Upton Local Agency: Section/Unit: Sonoma Lake Napa Section/Unit: Unit Attention: Gabrielle Avina Attention: Address: Phone: Fax: 1199 Big Tree Rd. Address: St. Helena, Ca 94574 (707) 967-1402 Phone: (707) 967-1473 Fax: Send an additional copy of all correspondence to: Town of Tiburon Margaret Curran 1505 Tiburon Blvd. Tiburon, Ca 94920 (415) 435-7370 (415) 435-2438 CAL FIRE Cooperative Fire Services P.O. Box 944246 Sacramento, CA 94244-2460 2. AUTHORIZATION This Agreement is entered into this lst day of July, 2015, by and between the State of California, hereinafter called STATE and the Town of Tiburon, County of Marin, State of California, hereinafter called Local Agency through its duly authorized officers. As used herein, Director shall mean Director of the California Department of Forestry and Fire Protection (CAL FIRE). Where the standard clauses for example in Exhibit C, use the word "Contractor" that word shall mean LOCAL AGENCY as LOCAL AGENCY is used in this Agreement. Section 4142 of the Public Resources Code provides that the Director may enter into cooperative Agreements with local jurisdictions for the purpose of providing wildland fire protection. 3. SCOPE OF WORK LOCAL AGENCY has the responsibility for protection of life, property, and wildland areas comprising 731 acres of land as indicated on the map included under Exhibit E and desires to contract with the STATE to provide wildland fire protection to said area. Contractor Name: Town of Tiburon Contract No: 1CA02699 -3- STATE has the ability to provide wildland fire protection for said area, of the type and degree, which it now provides on adjacent State Responsibility Areas. Contractor Name: Town of Tiburon Contract No: 1CA02699 -4- 4. SERVICES BY STATE A. STATE shall provide wildland fire protection for the areas defined in the above section. B. For those areas, which are adjacent to State Responsibility Area, STATE will provide wildland fire protection at the same level of service it now provides on adjacent State Responsibility Area. C. For those areas (islands), which are not adjacent to State Responsibility Area, the wildland fire protection provided by the STATE will be limited to those resources identified in the preplanned wildland response for the respective area. Any resources beyond those specified in the preplanned wildland response are assistance by hire and the financial responsibility of the LOCAL AGENCY. 5. ADMINISTRATION A. LOCAL AGENCY agrees that STATE may dispatch fire protection resources available under this Agreement to other areas of the state when needed at the sole discretion of STATE. B. STATE response will be subject to availability of resources. C. Incident Management within the contract area shall conform to current Incident Command System criteria for Unified Command. D. STATE and LOCAL AGENCY shall, through established dispatch procedures, immediately notify each other of any fire incident within the contract area. 6. MUTUAL AID LOCAL AGENCY shall provide mutual aid response into the contract area for wildfires. Structural fire protection remains the jurisdictional and financial responsibility of LOCAL AGENCY. 7. ENTIRE AGREEMENT This Agreement contains the whole Agreement between the parties. It cancels and supersedes any previous Agreement for the same or similar services. Contractor Name: Town of Tiburon Contract No: 1CA02699 -5- EXHIBIT B BUDGET DETAIL, INVOICING, PAYMENT AND RECONCILIATION 1. Invoicing and Payment: A. LOCAL AGENCY shall pay STATE for providing said protection at the rate of $23.06 per acre, plus an 12.59% administrative charge for a total of $18,979.14 upon presentation of an invoice by STATE. The rate per acre and administrative charge will be calculated by STATE prior to January 1, of each year and annually thereafter, for the succeeding fiscal year subject to approval by LOCAL AGENCY. This Agreement shall be amended each fiscal year to reflect new rates. B. STATE shall provide thirty (30) day written notice to LOCAL AGENCY of the cost per acre and the administrative charge to be assessed for each subsequent fiscal year during the term of this Agreement; LOCAL AGENCY shall have thirty (30) days to approve said rate; if written approval is not received by STATE within said period, STATE's obligations hereunder shall terminate; LOCAL AGENCY shall be liable for all amounts due up to and including the date of such termination. C. To minimize the need for reconciliation payment is expected in full after the LOCAL AGENCY receives the STATE invoice. Payments made by the LOCAL AGENCY will cover the protection rate per acre and the administrative charge for the protection services rendered by STATE and including any other costs as provided herein, giving credit for all payments made by LOCAL AGENCY and claiming the balance due to STATE, if any, or refunding to LOCAL AGENCY the amount of any overpayment. 2. Budget Contingency Clause A. If the LOCAL AGENCY's governing authority does not appropriate sufficient funds for the current year or any subsequent years covered under this Agreement, which results in an inability to pay the STATE for the services specified in this Agreement, the LOCAL AGENCY shall promptly notify the STATE and this Agreement will terminate pursuant to the notice periods required herein. B. If funding for any fiscal year is reduced or deleted by the LOCAL AGENCY for purposes of this program, the LOCAL AGENCY shall promptly notify the STATE, and the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced amount, pursuant to the notice terms herein C. If the STATE Budget Act does not appropriate sufficient funds to provide the services for the current year or any subsequent years covered under this Agreement, which results in an inability to provide the services specified in this Agreement to the LOCAL AGENCY, the STATE shall promptly notify the LOCAL AGENCY, and this Agreement will terminate pursuant to the notice periods required herein. Contractor Name: Town of Tiburon Contract No: 1CA02699 -6- D. If funding for any fiscal year is reduced or deleted by the STATE Budget Act for purposes of this program, the STATE shall promptly notify the LOCAL AGENCY, and the LOCAL AGENCY shall have the option to either cancel this Agreement with no liability occurring to the LOCAL AGENCY, or offer an agreement amendment to LOCAL AGENCY to reflect the reduced services, pursuant to the notice terms herein. E. Notwithstanding the foregoing provisions in paragraphs A and B above, the LOCAL AGENCY shall remain responsible for payment for all services actually rendered by the STATE under this Agreement regardless of LOCAL AGENCY funding being reduced, deleted or not otherwise appropriated for this program. The LOCAL AGENCY shall promptly notify the STATE in writing of any budgetary changes that would impact this Agreement. F. LOCAL AGENCY and STATE agree that this Budget Contingency Clause shall not relieve or excuse either party from its obligation(s) to provide timely notice as may be required elsewhere in this Agreement. Contractor Name: Town of Tiburon Contract No: 1CA02699 -7- EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Cancellation Failure of either party to meet any of the terms and conditions of this Agreement, including non- payment of monies due hereunder, shall be cause for the termination of this Agreement; such termination shall become effective upon written receipt of 30 day notice of cancellation. 2. Audit If the Agreement is over $10,000, the parties shall, in accordance with Government Code Section 10532, be subject to examination and audit of the State Auditor General for a period of three (3) years after final payment under the Agreement. Examination and audit shall be confined to those matters connected with performance of the Agreement including, but not limited to, cost of administering the Agreement The Contractor warrants by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon Agreement or understanding. 3. Operating Plan Prior to April 1 of each year, STATE and LOCAL AGENCY shall establish a joint Operating Plan for the contract area, which shall be attached after Exhibit E. If LOCAL AGENCY received its structural fire protection from another local agency, the local agency providing the structural fire protection must be party to the Operating Plan. 4. Extension of Agreement Unless there is written notice by LOCAL AGENCY to terminate this Agreement STATE shall extend this Agreement for a single one-year period from the original termination date. The cost of services provided by STATE during the extended period shall be based upon the rates published for the fiscal year in which the extended period falls had a new Agreement been entered into. 5. Modification This Agreement may be amended at any time by written mutual consent of the parties hereto. 6. Indemnification Each party, to the extent permitted by law, agrees to indemnify and hold harmless the other party, its officers, agents, and employees from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by the indemnifying party. Contractor Name: Town of Tiburon Contract No: 1CA02699 -8- EXHIBIT E ADDITIONAL PROVISIONS A copy of the Operating Plan signed by the STATE, LOCAL AGENCY and the California Department of Parks and Recreation will be kept on file at the CAL FIRE Sonoma Lake Napa Unit headquarters at 1199 Big Tree Rd. St Helena, Ca 94574. Contract Name: Town of Tiburon Contract #: 1 CA02699 Page #: 9 LOCAL RESPONSIBILITY AREA (LRA) WILDLAND PROTECTION REIMBURSEMENT AGREEMENT Program Cost Account (PCA #) 19003 THIS IS THE BUDGET PLAN FOR THE LOCAL RESPONSIBILITY AREA (LRA) WILDLAND FIRE PROTECTION REIMBURSEMENT AGREEMENT BETWEEN THE STATE OF CALIFORNIA, DEPARTMENT OF FORESTRY & FIRE PROTECTION (CAL FIRE) AND THE TOWN OF Tiburon A LOCAL AGENCY FOR THE 2015/2016 FISCAL YEAR AGREEMENT COST CALCULATIONS Number of Acres 731 General Fund Reimbursement $ 8.18 Unit Budget $ 14.88 $ 5,979.58 $ 10,877.28 Sub -Total Admin Rate 12.59% $ 16,856.86 $ 2,122.28 FY 15-16 Protection Cost $ 18,979.14 FY 16-17 Protection Cost FY 17-18 Protection Cost TOTAL COST $ 19,928.10 $ 20,924.50 $ 59,831.73 Comments Section: