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HomeMy WebLinkAboutTC Agd Pkt 2007-10-17 TOWN OF TIBlJRON Tiburon Town Hall 1505 Tiburon Boulevard Tiburon, CA 94920 Regular Meeting Tiburon Town Council October 17,2007 7:30 p.m. 6:45 p.m. ... Closed Session AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (6:45 p.m.) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Section 54957) Title: Town Manager CALL TO ORDER AND ROLL CALL - (7:30 p.m.) Councilmember Fredericks, Councilmember Berger, Councilmember Smith, Vice Mayor Slavitz, Mayor Gram CLOSED SESSION ANNOUNCEMENT ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future. Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for' separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - Adopt October 3,2007 Minutes (Town Clerk Crane Iacopi) 2. Tiburon Tourism Business Improvement District - Appoint representative to Marin County Visitor's Bureau Board of Directors (Town Manager Curran) PUBLIC HEARINGS 1. Belvedere... Tiburon Library Expansion Project - Consideration of ordinance exempting project from Tiburon Zoning Ordinance and establishing streamlined review for processing future zoning permit applications - Second Reading and Adoption of Ordinance (Director of Community Development Anderson) Property Address: Assessor Parcel Nos: 1501 Tiburon Boulevard 058~ 171~93, 94 and a portion of 058~ 171~62 2. Pine Terrace ADA Path Improvements - Recommendation to Approve Plans and Negative Declaration and Authorize Town Manager to Authorize Project Bids subject to final CAL/TRANS design approval (Director of Public Works/Town Engineer Nguyen &: Director of Community Development Anderson) ( Continued from October 3, 2007) 3. Hourly Rate Update - Consideration of Resolution setting forth an Hourly Billing Rate Schedule for Processing of Development Applications (Director of Community Development Anderson) TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - September 21, 2007 . Town Council Weekly Digest - September 28, 2007 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, minutes and staff reports are posted on the Town's website, w\vw.cLtiburon.ca.us, Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability~related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing ( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing( s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. cc-/ TOWN COUNCIL MINUTES n..~.b.)~' l~4 ;,.- LHlia'\.~. I CALL TO ORDER Mayor Gram call eeting of the Tiburon Town Council to order at 7:30 p.m. on Wednesday October 3, 2007, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz ABSENT: COUNCILMEMBERS: Smith PRESENT: EX OFFICIO: Town Manager Curran, Town AttorneyDanforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) County of Marin v. Martha Company Bonander v. Town ofTiburon; Tiburon v. All Persons Interested in the Validity of the Del Mar Valley Utility Undergrounding Assessment District CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION (Section 54956.9(b )(3)) One Claim CLOSED SESSION ANNOUNCEMENT Mayor Gram said that no action was taken on the items discussed in closed session. Town Council Minutes #20 -2007 October 3, 2007 Page 1 ORAL COMMUNICATIONS Jim Bryant, local resident representing the Tiburon Peninsula Chamber of Commerce, informed the Council of the holiday tree lighting ceremony scheduled for December 7 at Fountain Plaza. He said that the Chamber was planning to purchase a LED-lighted tree for $20,000 which would be installed by a company in Grass Valley and also stored at their facility after the holidays. He asked the Council for a one-time contribution to the purchase of the tree in the amount of$7500; he said that Belvedere had pledged $2500, and that the Chamber had started a fund for annual maintenance of the tree. Mayor Gram said that the matter to be placed on the regular agenda at a future meeting. Councilmember Fredericks stated that many monetary requests from the Chamber came as a surprise to the Council. She and said that it would be helpful to see an accounting of Town contributions to the Chamber, in addition to its TOT contribution. Vice Mayor Slavitz concurred with this request. Councilmember Berger questioned the choice of an artificial tree and suggested that the artists who had designed the "Coming About" fountain should be consulted for their ideas on holiday lighting or other creative holiday displays in that location. Town Manager Curran said that the matter would be brought back to the Council at its next regular meeting. On another issue, Sue Caudry, Virginia Drive, voiced concern over the parking and storage of vehicles on the street by an absentee homeowner. She said that she had been in communication with the Tiburon police on this subject. Mayor Gram said that he had seen the Chief of Police's response to Ms. Caudry's letter and was confident that the matter was being addressed by staff. Ms. Caudry added that she hoped the Council would consider amendments to the Town Code that would address the specific actions of moving vehicles around on the street to avoid the 72- hour limit in the code. Mayor Gram noted her request. PRESENTATION . Commendation for Romney Fennell for 21 years of service to the Town of Tiburon Director of Community Development Anderson read a proclamation and presented it to Ms. Fennell's son Forrest and daughter Rory on behalf of the Council. Town Council Minutes #20 -2007 October 3, 2007 Page 2 CONSENT CALENDAR 1. Town Council Minutes - Adopt September 19, 2007 Minutes (Town Clerk Crane Iacopi) 2. Town Investment Summary - Accept August 2007 Report (Director of Administrative Services Bigall) 3. Commendation - Adopt Resolution Commending Romney Fennell for 21 Years of Service to the Town upon her Retirement (Director of Community Development Anderson) 4. Disaster Training Certification - Adopt Resolution Certifying Emergency Management (NIMS) Training for Town Staff in order to qualify for Federal Disaster Funding (Police Chief Cronin) MOTION: Moved: Vote: To adopt Consent Calendar Item Nos. 1 through 4, as written. Slavitz, seconded by Fredericks AYES: Unanimous ABSENT: Smith PUBLIC HEARINGS 1. Belvedere- Tiburon Library Expansion Project - Consideration of ordinance exempting project from Tiburon Zoning Ordinance and establishing streamlined review for processing future zoning permit applications - Introduction and First Reading of Ordinance (Director of Community Development Anderson) Property Address: Assessor Parcel Nos: 1501 Tiburon Boulevard 058-171-93,94 and a portion of 058-171-62 (Continued without hearingfrom September 19,2007) Director Anderson gave the report. He said that the Town's practice in recent years was to use streamlined development review procedures for major public facilities. Anderson said that the process had been used for the original Belvedere- Tiburon library project, as well as for the new Town Hall and police station. He added that the Town anticipated using the same procedures for the library expansion when it updated its General Plan, Tiburon 2020, in 2005. Director Anderson said that under current zoning regulations, a conditional use permit and site plan and architectural review approval would be required prior to issuance of building permits for the library project; under the streamlined provisions, the Town Council would be the sole reviewing body. However, the application could be referred to other boards, as well,.according to the Director. Town Council Minutes #20 -2007 October 3, 2007 Page 3 Director Anderson said that the purpose of the streamlining was to save public monies that could be used for the library project, as well as to conduct a more focused and shorter process. He said that the Town Council would follow the same criteria utilized by the Planning Commission and Design Review Board in its review. Director Anderson said that the Planning Commission had unanimously voted to recommend approval of this streamlined process at its September 12 meeting. At that meeting, a letter had been submitted by attorney Stephan Volker raising various objections to the ordinance; Anderson said that the letter and the Town Attorney's response was included in the Council's staff report. He recommended that the Council conduct a public hearing of the matter and pass first reading of the ordinance. Councilmember Berger asked for an explanation in layman's terms of Section 3 of the ordinance pertaining to CEQA. Director Anderson said the section meant that adoption of this ordinance was exempt' from CEQA. He added that a mitigated negative declaration had already been approved for the library expansion project and that if there were substantive changes to the project as analyzed in that document, the project could be subject to further review and analysis under CEQA. Mayor Gram asked about the rezoning of the project site. Director Anderson said that in 2004 the site was rezoned from Open Space to Public/Quasi-public. Mayor Gram added that the lawsuit the followed this action had been successfully defended by the town. He asked the Town Attorney whether she was satisfied with the proposed streamlining procedures. T own Attorney Danforth said that the town had been careful to ensure that the streamlining process included all the usual substantive protections of the Town's normal rules and regulations. Vice Mayor asked her whether there was any difference between the issues raised in the 2005 litigation and the issues raised in Mr. Volker's recent correspondence. Ms. Danforth said that in this case, the General Plan called for a streamlined application process for this particular project. She said that Mr. Volker argued that CEQA protections would be lessened by this process; Danforth said that the town had added language to address this statement. Mayor Gram opened the public hearing. Alan Fenster, resident of Marsh Road, adjacent to the proposed expansion project, said that he was not entirely at peace with the proposed expansion of the library. He said that he and his wife had enjoyed living by the marsh, especially the bird-watching, and that the expansion was "wrongheaded" in the following ways: Town Council Minutes #20 -2007 October 3, 2007 Page 4 I. It was a mistake for permanent and dedicated open space to be re-zoned; 2. The marsh and adjacent flood plain were environmentally sensitive areas; 3. The design and uses of the library were not adequately addressed, especially the issue of parking; 4. The issue of due process through CEQA was not addressed. Mr. Fenster said that he did not understand why the traditional design review process did not apply in this case and he said there should be a point-by-point review of the plans. He feared that an "up or down vote" by one body would heighten the risk [of inadequate review] for everyone. Stephan Volker said that the letter he had submitted to the Council was a reiteration of the one he submitted to the Planning Commission, with one change: he handed out a report from Professor Robert Curry, a hydrologist, and Peggy Fielder, a botanist from San Francisco State, who had written her thesis on plants of the Tiburon peninsula. Mr. Volker said that the site was in a flood plain which had experienced flooding in 1'986; he said that construction would displace overflow water from the marsh and that new building(s) would risk inundation. This was precisely the kind of information that CEQA Section 156162 referred to, according to Volker. In addition, Professor Curry's report contained new information and called for additional biological and hydrological review. Mr. Volker said that his client's position was not to stop the library expansion project but to ensure utmost attention to environmental protection which would result in long-term care of the marsh. He urged the council to give them time to conduct a [full] review. V olker also raised due process concerns which, he said, would "go away" if the Council was willing to work with them and if the outcome satisfied their objective of long-term care of the marsh. Councilmember Berger said that the Council had passed first reading of an ordinance addressing flooding control and construction in flood plain areas; he said that the ordinance would be adopted this evening. Councilmember Berger also queried why Mr. Volker thought that project review by the Council, which was comprised primarily of former members of the Planning Commission and Design Review Board, would constitute less of an evaluation of the project. Mr. Volker replied that "10 minds are better than five;" he said that more public hearings should be encouraged to develop the details. Volker said that this process would balance the needs of "getting on" with the project with preservation of the environment. Town Council Minutes #20 -2007 October 3, 2007 Page 5 Jason Kibbey, Director of Defense of Place, said that his group worked to ensure that parks and other locations remained protected. He said that he had been contacted by members of the community regarding this project and he encouraged a public process for review of the library. Mr. Kibbey also complained that within "hours" of his sending an e-mail to the town, unnamed parties had placed calls to his Board of Directors objecting to his actions. Mayor Gram closed the public hearing. Councilmember Berger said that there was no question that the environmental aspects of the application would be adequately addressed by "five minds." Councilmember Berger also complimented members of the library on the choice of architects for the project. He told the architects that the design process needed public input-nhe said that "we are all the client." Berger rejected the notion that streamlining the process would put it on a track for the "insiders." Councilmember Fredericks said that it had always been part of the library's plan to hold extensive public meetings and workshops outside of the Council's review process. Library Director Deborah Mazzolini introduced architect Jennifer Devlin of the firm EHDD. She said that it was made clear to the architects who competed for the job that public input would be a "major part" of the contract. She said that meetings would be well publicized. Ms. Devlin said that her firm had just finished the San Mateo public library project. She said that there were over 100 public meetings during this process. Councilmember Berger asked Ms. Devlin to stay open to the ideas, including negative ideas, that were presented at the public meetings. He said that input from the public would result in a better design. Vice Mayor Slavitz said that streamlining was not "short shrift;" he said that this process had worked well 10 years ago and that he was comfortable undertaking it again. Mayor Gram said that this proj ect would not be "shuffled through;" he said that this was the same process used by the town and other cities. He said that the Council's review would include not only aesthetic considerations but environmental ones, as well. MOTION: Moved: Vote: To read the ordinance by title only. Berger, seconded by Slavitz AYES: Unanimous ABSENT: Smith Mayor Gram read, "An ordinance of the Town Council of the Town of Tiburon amending the Zoning Ordinance (Chapter 16 of the Tiburon Municipal Code) by adopting an ordinance Town Council Minutes #20 -2007 October 3, 2007 Page 6 establishing streamlined town review and decision-making procedures for the Belvedere- Tiburon Public Library expansion project." MOTION: Moved: Vote: To pass first reading of the ordinance. Slavitz, seconded by Berger AYES: Berger, Fredericks, Gram, Slavitz ABSENT: Smith 2. Flood Damage Prevention - Consideration of ordinance amending Chapter 13D of Town Code to reduce flood damage by regulating the base floor elevations of new construction or substantial improvements in areas designated as flood zones - Second Reading and Adoption of Ordinance (Director of Community Development Anderson) Council waived the staff report. Mayor Gram opened and closed the public hearing. There was no public comment. ' MOTION: Moved: Vote: To read the ordinance by title only. Slavitz, seconded by Fredericks AYES: Unanimous ABSENT: Smith Mayor Gram read, "An ordinance of the Town Council of the Town of Tiburon amending provisions of Chapter 13D of the Tiburon Municipal Code (Flood Damage Prevention)." MOTION: Moved: Vote: To adopt the ordinance. Slavitz, seconded by Fredericks AYES: Berger, Fredericks, Gram, Slavitz ABSENT: Smith 3. Pine Terrace ADA Path Improvements - Recommendation to Approve Plans and Negative Declaration and Authorize Town Manager to Authorize Project Bids subject to final CAL/TRANS design approval (Director of Public Works/Town Engineer Nguyen' & Director of Community Development Anderson) Director Anderson gave the report. He said that for several years, the town had sought to improve the pathways near Pine Terrace that led to McKegney Green and the multi-use path. He said that an earlier pathway improvement design had been approved by the Council in 2001 but had not gone forward due to lack of funding. According to Anderson, subsequent discussions with CAL/TRANS and the Pine Terrace Homeowner's Association had resulted in the revised project design currently before the Council. He said it consisted of two components: October 3, 2007 Town Council Minutes #20 -2007 Page 7 1. An existing 225-foot long paved path connecting pedestrian traffic along the south side of Tiburon Boulevard to the multi-use path would be resurfaced and made accessible to the disabled; 2. A new" 200-foot long secondary pathway would be constructed to provide a more direct route along Tiburon Boulevard and the multi-use path to McKegney Green. Anderson said that plans had been prepared by Harris & Associates, and were pending final CAL/TRANS approval. The preliminary Engineer's Estimate for construction was $195,000, according to Anderson. Director Anderson said that the project's benefits included a safer route for children going to school, accessibility for the disabled, and enhanced public access to the multi-use path and McKegney Green. In addition, an initial study identified several potential environmental impacts but c'oncluded that all potential impacts could be mitigated. Anderson said that the financial impacts to the town would be the cost of construction and on- going maintenance. He said that funding for the construction portion was included in the adopted fiscal year 2007-08 capital improvement budget. Councilmember Berger asked about the proximity of certain trees to the project; Director Anderson said that staff had looked at the trees and did not expect the proj ect to have any substantive effect on them. Vice Mayor Slavitz asked about grant funding for the project. Director Nguyen said that the town had received an $87,000 grant from the Transportation Authority of Marin which would help fund the overall construction cost of $195,000. Vice Mayor Slavitz asked about archeological findings in the area. Director Nguyen said that an archaeologist would be monitoring construction in the potentially sensitive areas. Vice Mayor Slavitz asked whether a CAL/TRANS encroachment permit was needed for the unpaved portion of the path only. Director Nguyen said that the town would wait to obtain permits for both portions of the path before beginning the project. Mayor Gram opened the public hearing. Steven Rappaport, Pine Terrace, had two main concerns: traffic congestion and safety. He said that Pine Terrace was used by soccer players and Del Mar school children as a drop-off and pick- up location. He said that a renovated path would bring even more people to Pine Terrace and McKegney Green. Also, he said that he feared the improved path would increase the parking by "weekenders" on his street. He submitted photos to the Council showing this traffic congestion. Mr. Rappaport said that the town had attempted to address this problem by putting up a sign but that it was not within the field of view of people driving into Pine Terrace. He had the following Town Council Minutes #20 -2007 October 3,2007 Page 8 suggestions for the town: to tell the Tiburon Peninsula Soccer League that it was not okay to park or drop-off on Pine Terrace; to increase police presence to monitor the unsafe practices and "shoo" people away; and better signage. Henry Broderick, Rowley Circle, said that he was concerned about the trees on the path because there was very little soil in that location which might be disturbed by construction. He said that one large eucalyptus tree there was a "treasure" and that care should be taken to protect it by paving around it. Doris Dantes, 15-year resident of Pine Terrace, said that the issues had remained constant, even though Councilmembers and town managers had come and gone over the years. She noted that the Director of Community Development had stated that the potential impacts of the project had mitigations; she asked how the parking problems would be mitigated. She said that a 6 or 10-inch sign "won't cut it." Ms. Dantes said that she had spoken with Director Nguyen in June to let him know,that this was a serious problem that needed to be addressed. She said that the residents of Pine Terrace would like to see path improvements, but not at their expense. She also mentioned the "tenuous" lease the town had on the property. She asked that something be done so that the lease would not be revoked. Ms. Dantes said that she was responsible for having the preclusion of parking written into original master use plan for McKegney Green. Although the police department was monitoring soccer practice drop-offs and pick-ups on Tuesdays and Wednesdays, Ms. Dantes said that the problem was greater than that; she said the photos distributed earlier represented only one snapsnot in time and to add to this scenario the 50-60 cars circling Pine Terrace for after-school pick-ups from Del Mar School. Councilmember Fredericks asked about the easement over [a portion of] the path. Town Attorney Danforth said that it was a leased easement by the Town from the Pine Terrace property owners. Vice Mayor Slavitz said that the paved portion of the path went directly through the Pine Terrace easement while the other portion of the project (the dirt path) was simply being made safer. Vice Mayor Slavitz said that he thought it was a 99-year lease. Ms. Dantes said that it was not timed. Councilmember Fredericks said that while the negative declaration said that there would not be an increase in traffic, she thought that the town should address the concerns of the Pine Terrace residents. Town Council Minutes #20 -2007 October 3, 2007 Page 9 Councilmember Berger agreed that it would be a nice idea to fold this matter into the overall project. He said that one solution might be more explicit signage. Town Manager Curran said these were two separate issues: the negative declaration (for the project) and the problem of parking at Pine Terrace. She agreed with the statements by Councilmembers Fredericks and Berger that the problem could use some focus and solutions. Mayor Gram asked whether staff was proposing to build improvements over something that could be revoked. Director Anderson said he thought the answer was yes. Mayor Gram asked for more information concerning the lease; whether is was a recorded easement, etc. He suggested that the matter be continued so that Council could understand the nature of the document in question and before it agreed to spend any money on the project. Councilmember Fredericks asked whether a delay would result in a loss of grant funding. Staff said that it would not. Council asked how much of the funding was for the paved portion of the path. Director Nguyen said that a significant portion of the project was for the paved path. He added that the two paths could be separate proj ects, if necessary. Mayor Gram agreed that the parking issue was a real problem that he himself had witnessed. He said that some people parked at Pine Terrace to avoid the longer walk to Blackie's Pasture parking lot. Vice Mayor Slavitz said that the solution was most likely an ongoing effort. He said that he had held meetings with the residents several years ago on the same subject. Item continued to the next regular meeting. TOWN COUNCIL REPORTS None. TOWN MANAGER'S REPORT None. WEEKLY DIGESTS . Town Council Weekly Digest - September 21, 2007 . Town Council Weekly Digest - September 28, 2007 Town Council Minutes #20 -2007 October 3, 2007 Page 10 ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Gram adjourned the meeting at 8:42 p.m. ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes #20 -2007 TOM GRAM, MAYOR October 3, 2007 Page 11 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting October 17, 2007 Agenda Item: ~- '2 STAFF REPORT To: Mayor and Members of the Town Council From: Town Manager Subject: Tiburon Tourism Business Improvement District Appointment to Marin County Visitors Bureau Advisory Board Reviewed By: ~ BACKGROUND On June 6, 2007, the Town Council adopted Resolution No. 26-2007, declaring its intention to establish a Parking and Business Improvement Area known as the Tiburon Tourism Business Improvement District ("TTBID"). The TTBID will levy an assessment on lodging establishments, to fund a partnership with the Marin County Tourism Business Improvement District ("MCTBID") to promote tourism in the Town. The MCTBID operates as the Marin County Visitors Bureau (MCVB), with seven participating cities: Corte Madera, Fairfax, Larkspur, Mill Valley, Novato, San Anselmo and San Rafael. The Town undertook the process of forming the TTBID at the request of the Town's two hotels, the Lodge at Tiburon and the Water's Edge Hotel. The Hotels will pay a one-percent assessment over and above the current Town Transient Occupancy Tax. The Town, as the collecting entity, would retain 1 % of the collection to cover administrative costs. After holding several public hearings on the matter, the Town Council adopted an ordinance to form the TTBID at its September 5, 2007 regular meeting. The next step in the process is for the Council to appoint Tiburon representatives to an advisory board, which in this instance is the Marin County Visitors Bureau. Under the MCVB by-laws, the appointed representatives can be hotel representatives, town officials, or members of the business community. The Lodge at Tiburon has recommended appointment of its General Manager, Michael Winn. The Water's Edge Hotel, which is part of the Joie de Vivre Hotel Group, already has a representative on the MCVB board and has declined the offer to appoint another representative. Town Staffhas also asked the Chamber of Commerce whether it would be interested in having a representative appointed to the MCVB board. The Chamber is currently considering this request. T'Cl\\iD (':ounciI RECOMMENDATION Staff recommends that the Town Council: Appoint General Manager Michaela Winn from The Lodge at Tiburon to the Marin County Visitors Bureau Advisory Board on behalf of the Tiburon Tourism Business Improvement District. Exhibit: Letter from Jo McEvoy dated October 5, 2007 Prepared By: Diane Crane Iacopi, Town Clerk &1 LARKSPUR HOTELS & RESTAURANTS --, Diane Crane lacopi Town of Tiburon 1505 Tiburon BLvd Tiburon, CA 94920 RECEJVED l OCT ~(200!J TOWN CLERK TOWN OF TlBURON October 5, 2007 Dear Ms. Crane lacopi, Per your letter requesting a representative from The Lodge at Tiburon for the Marin Convention and Visitor's Bureau. We are recommending Ms. Michaela Winn, General Manager of The Lodge at Tiburon. Ms. Winn may be reached at 4 15-435-3133 or 1 651 Tiburon Blvd. Please feel free to call with any questions, at 415-945-5043. Best Regards, J 2::~~ ecutive Assistant to Ken Leone Hotel Management Division 125 E, Sir Francis Drake Blvd., Ste. 200, Larkspur, CA 94939 p, 415,945,5000 F,415.945.5001 www.larkspurhotels.cotll Page 1 of 1 Diane Crane lacopi From: Diane Crane lacopi Sent: Monday, October 15, 2007 3:06 PM To: Diane Crane lacopi Subject: FW: MCVB For Council Late Mail, 10/17/07. Margaret A. (Peggy) Curran TO\\'ll Manager, TO\\-TI of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 415-435-7383 pcurrjln@ci.tiburon.ca.us W1:\'W .<:!Jiburon.ca .I.!~ TOWN CO-UNCIL LA TEMAIL CC - Z MEETING DATE to (ttj 01- From: James Allen [mailto:jimallen94920@yahoo.com] Sent: Monday, October 15, 2007 1:30 PM To: Peggy Curran Subject: MCVB The Chamber of Commerce requests that Chris Koehler be appointed to the Marin Visitor's Bureau Board of Directors. Many thanks, Jim Allen Yahoo! oneSearch: Finally, mo~bile seaIch that gives_answe{~, not web links. 10/15/2007 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting October 17, 2007 Agenda Item: .p I-J _I STAFF REPORT To: Mayor & Members of the Town Council From: Community Development Department Subject: Recommendation by Director of Community Development: Consider Adoption of a Zoning Ordinance Amendment in the form of an Ordinance Establishing a Streamlined Development Review Procedure for the Belvedere-Tiburon Library Expansion Project; 1501 Tiburon Boulevard; Belvedere- Tiburon Library Agency and Town of Tiburon, owners; Assessor Parcel Nos. 058-171-62 (portion), 058-171':'93 & 058- 171-94 Reviewed by: BACKGROUND At its meeting of October 3, 2007, the Council passed first reading of this ordinance. The ordinance now comes before the Council for second reading and adoption. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and take any public comment on this ordinance. 2. Move to read the ordinance by title only, adopt the motion, and read by title only. 3. By roll call vote, adopt the ordinance Exhibits: Draft Ordinance Prepared By: Scott Anderson, Director of Community Development ~ S:\Administration\Town Council\Staff Reports\2007\Oct. 17, 2007\Library streamlining 2nd reading staffreport.doc ORDINANCE NO. N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE ZONING ORDINANCE (CHAPTER 16 OF THE TIBURON MUNICIPAL CODE) BY ADOPTING AN ORDINANCE ESTABLISHING STREAMLINED TOWN REVIEW AND DECISION-MAKING PROCEDURES FOR THE BELVEDERE-TIBURON PUBLIC LIBRARY EXPANSION PROJECT The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. PURPOSE AND INTENT The Belvedere- Tiburon Library Agency (BTLA) owns and operates a public library at the corner of Tiburon Boulevard and Mar West Street, on property commonly known as'1501 Tiburon Boulevard and further identified as Marin County Assessor Parcels 058-171-93, 94 and a portion of 058-171-62. In 2004, the Tiburon Town Council approved a general plan amendment, rezoning, master plan amendment, and precise plan amendment for the construction , of additions to the existing Library building. The Town Council also adopted a mitigated negative declaration of environmental impact for the additions to the Library (hereinafter "Project"), as set forth in those approvals. In September 2005, the Town Council adopted an updated general plan known as Tiburon 2020, which set forth the following policy and program regarding the Library: ~ Downtown Element Policy DT -35: Support an appropriate expansion of the Belvedere- Tiburon Public Library adjacent to Zelinsky Park. ~ Downtown Element Program DT -u: Facilitate expansion of the Belvedere- Tiburon Public Library by employing streamlined permit review processes typically used for major public projects. In July 2007, the Town Council entered into an agreement with BTLA to transfer property adjacent to the public improvements known as Zeli~sky Park for the purpose of expanding the library as contemplated by the general plan and zoning ordinance. The Agreement provided that the Project would 'be subject to the Town's normally applicable laws and regulations, except as may be waived or modified by ordinance of the Town Council. The Town retains its discretion to process and approve, conditionally approve or deny all land use applications as provided by law. Pursuant to the provisions of Tiburon's zoning ordinance (Tiburon Municipal Code Chapter 16), the Project would be required to secure conditional use permit approval by the Planning Commission, and site plan and architectural approval by the Design Review Board Town ofTiburon Ordinance No. N.S. Adopted --/--/2007 1 EXHIBIT NO.--L (DRB) prior to the issuance of a building permit. However, the Town Council finds it appropriate to adopt this ordinance to establish a streamlined planning process and decision- making procedure for the Project, because of (1) the extraordinary public interest served by the Project (2) the above general plan policy and program regarding the Project; and (3) the need to preserve scarce public monies by minimizing the expense required to comply with the Town's laws and regulations while still meeting the intent thereof. SECTION 2. EXEMPTION FROM ZONING ORDINANCE The Project shall be exempt from all provisions of the Tiburon Zoning Ordinance, codified as Chapter 16 of the Tiburon Municipal Code. SECTION 3. ENVIRONMENTAL DETERMINATION Adoption of this ordinance has no potential to result in a significant impact on the environment pursuant to Section 15061(b)(3) of the CEQA Guidelines and is therefore exempt from the requirements of the California Environmental Quality Act. SECTION 4. FINDINGS The Town Council finds as follows: (A) Notice of the public hearings on this matter was published in the Ark newspaper on August 29, 2007, and other noticing was provided as required by law. (B) The Planning Commission held a duly noticed and advertised public hearing on September 12,2007, at which testimony was received from the public; and recommended adoption of the ordinance to the Town Council. (C) The Town Council has held public hearings on September 19 and October 3,2007 and has heard and considered public testimony on this item. (D) The Town Council finds that the proposed ordinance would be consistent with the goals, policies, and programs of the Tiburon General Plan, as set forth in the Staff Report dated September 19, 2007. (E) The Town Council finds that the proposed ordinance is consistent with the objectives set forth in the Zoning Ordinance. SECTION 5. REVIEW AND DECISION-MAKING PROCEDURES ESTABLISHED Development applications for the Project shall be reviewed pursuant to the following procedures: (A) The Town Council shall hold one or more public meetings to review and, if appropriate, approve or conditionally approve the site plan and architectural drawings for the project. This review shall include the building additions, landscaping, parking and other ancillary improvements, and shall constitute "plan review and approval by the Town Council". In conducting its review and evaluation of the Project, the Town Town of Tiburon Ordinance No. N.S. Adopted --/--/2007 2 Council shall utilize those guiding principles, design review guidelines, purposes and special considerations that the Planning Commission and Design Review Board would have normally applied absent the adoption of this streamlined processing procedure. (B) At any time during the process, the Town Council may, as deemed appropriate, refer the Proj ect to the Planning Commission, Design Review Board, or any other Council-appointed Committee for that body's expeditious input, recommendations, or analysis. Such referrals shall be advisory and not binding on the Town Council. (C) The Town Council approved a Mitigation Monitoring Program (MMP) for the Project on May 19, 2004 by Resolution 22-2004. For the purposes of implementing any and all mitigation measures for the Project, all references to "time of building design", "Conditional Use Permit", "Design Review", and "Conditional Use Permit and/or Design Review" in the adopted MMP shall be substituted with the phrase "plan review and approval by the Town Council". (D) Prior to any work on the site, the BTLA must apply for and the Town Building Official must review and issue any building permits required by law for the Proj ect. (E) Prior to any work on the site, the BTLA must apply for and the Town Engineer must review and approve an encroachment permit for any work proposed on Town land or street right-of-way. (F) The Project shall be exempt from all Town planning and permit fees except that BLTA shall pay any costs the Town incurs from outside vendors or consultants, where the Town Manager has determined that such costs are necessary or appropriate to process the Proj ect. SECTION 6. EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published, with the names of the members voting for and against it, at least once in a newspaper of general circulation in the Town of Tiburon. This Ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on ,2007 and was adopted at a regular meeting of the Town Council of the Town of Tiburon on , by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Town of Tiburon Ordinance No. N.S. Adopted --/--/2007 3 ABSENT: COUNCILMEMBERS: ATTEST: DIANE CRANE IACOPI, TOWN CLERK TOM GRAM, MAYOR TOWN OF TIBURON S:\Administration\Town Council\Ordinances\library streamlining ordinance.doc Town ofTiburon Ordinance No. N.S. Adopted --/--/2007 4 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting October 17, 2007 Agencb Item: ffl- ).. STAFF REPORT To: Mayor and Members of the Town Council Prom: Public Works Department Community Development Department Subject: Pine Terrace Pedestrian Path Improvement Project: Recommendation to Approve Plans and CEQA Negative Declaration and Authorize the Town Manager to Solicit Bids Subject to Final Caltrans Design Approval Reviewed By: w BACKGROUND On October 3, 2007, the Town Council held a public hearing on this item, took public testimony and closed the public hearing, and began its deliberations on the project. The Council received testimony from two residents of the Pine Terrace Subdivision expressing concerns with existing traffic safety and parking issues on Pine Terrace. Mayor Gram also requested additional information on a lease agreement with the Pine Terrace Homeowners Association that provides for public pedestrian access over a portion of the existing paved pathway. The Town Council continued the item to the meeting of October 17,2007. DISCUSSION Parking & Traffic Safety Issues While recognizing that the existing parking and traffic safety issues on Pine Terrace are separate from the pathway improvement project, the Town Council directed that Staff work with the involved parties to address these traffic safety and parking concerns. Staff has initiated this process and will continue to provide the Town Council with periodic progress updates. Lease Agreement In 1982, the Town leased a small triangular-shaped portion of a parcel owned by the members of the Pine Terrace Homeowners Association. Staff has attached a copy of the lease agreement as Exhibit 1. The lease provides that either party may terminate the lease upon 30 days written notice. This termination clause creates an element of risk as the Town contemplates a substantial expenditure to improve the path. However, this risk CouncIl OCLorOJcr 17,)()(lf must be weighed against the risk of liability if the path continues to degrade and/or a user is injured. Moreover, there are several factors that render lease termination unlikely. The Pine Terrace Homeowner's Association no longer formally exists, and the property owners of Pine Terrace now all own the property directly and would all have to approve any change in the status of the property. This need for unanimous approval has defeated the Town's prior efforts to solidify its interest in the property. The same requirement is likely to inhibit termination of the lease, especially since such termination would leave the property owners solely liable for the path (unless they were to totally remove it). Staff concludes that the risk associated with lease termination is small in comparison to the importance of the pathway to the community at large. RECOMMENDATION Staff recommends that the Town Council: 1) Take any public comment, limiting comment to new information. 2) Adopt the Resolution (Exhibit 2) adopting a Mitigated Negative Declaration for the project, approving the project and adopting a mitigation monitoring program for the project, and authorizing the Town Manager to solicit construction bids subject to receipt of final Caltrans design approval. EXHIBITS 1. Lease Agreement dated July 15, 1982. 2. Draft Resolution. Prepared By: Nicholas T. Nguyen, Director of Public Works / Tow!) Engineer Scott Anderson, Director of Community Development~ S:\Administration\Town Council\StaffReports\2007\Oct. 17, 2007\Pine Terrace Path Project 10-17 report.doc J/ LEA S E THIS LEASE is executed in duplicate at Tiburon, California, between PINE TERRACE HOMEOWNERS ASSOCIATION, hereafter "Lessor", and the TOWN OF TIBURON, a Municipal Corporation, hereafter "Lessee". IT IS AGREED between the parties as follows: 1. DESCRIPTION OF PREMISES. Lessor hereby leases to Lessee~.and Lessee hires from Lessor, on the terms and con- ditions hereinafter set forth, that certain real property with the appurtenances, situated in the ~own of Tiburon, State of California, more particularly described in Exhibit "A" attached. 2. TERM. The term of this Lease shall be one (1) year, commencing January 1, 1982, and shall continue thereafter from year to year until terminated. Either party hereto may terminate this Lease at any time by giving the other party notice in writing at least thirty (30) days next prior to the date when such termination shall become effective. 3. RENT. The total rental shall be the sum of ONE DOLLAR ($1.00), which shall be payable on January l, 1992, and on the first day of each succeeding year thereafter until this Lease is terminated. 4. USE. The property leased hereunder is to be used as open space. 5. HOLD HARMLESS. Lessor shall not be liable for any damages or injury to Lessee, or any other person, or to any property, occurring on the demised premises or any part thereof; and Lessee agrees to hold Lessor harmless from any claims and liabilities by reason of the use, or misuse, of the d~~ised premises. 6. ENTIRE AGREEMENT. This Lease constitutes the entire agreement between the parties, and may be modified only by a writing signed by both parties. 1. EXHIBIT No.L ;/ 7. NOTICES. Any notice which either party may give to the other may be given by mailing the same to Lessee at Town Hall, 1155 Tiburon Boulevard, Tiburon, California 94920, and to Lessor at /,,0 H ~... 1C2.~~ I Ti~UL...,'.J I Gtt,...'tf" alt4;t Q'4t12o IN WITNESS WHEREOF, Lessor and Lessee have executed this Lease the , 5+h day of ::::ruJ j , 198~. By ASSOCIATION Paul J. Beuttas, President: "Lessor" TOWN OF TIBURON A Municipal Corporation By ~~f)r4 Dennis'Rockey, Mayor ATTE~~ R.L. Kle1nert, Town Manager/Town Clerk 2. / '1 'S' /~) ~~, ;\ "2) <~,. ,p(~ 1-'~1 ~ () 1~ 1. 0... J " 0 0. ~ ~ ' (. ~ ~ ~ ~-4 ~ ~ .l> ~ -.......r- (1\ rl'~l ~~ ~ I :'t;~) ~ lID 'tJ Q r'l ''\J ~/ 'tJ ")::0 J Go):r:~ ~ n \.00 _ r :}\.' /- ~~ -:. ~ ;... ,;. ,~ ;i\, '"i - co (~ .:=::) (~ ~ ~ I / ~ ~ ~ ~ tl Qt;' o I / ,I /~ '-<-~. <:. ~" )~' lO / (''\ / .() RESOLUTION NO. Draft-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING THE PINE TERRACE PATHWAY IMPROVEMENT PROJECT, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM THEREFOR, AND TAKING RELATED ACTIONS ASSESSOR PARCEL NOS. 55-131-02 & 55-131-19 WHEREAS, the Town Council of the Town of Tiburon does resolve as follows: Section 1. Findings. A. The Town of Tiburon is proposing to construct pedestrian access improvements in the vicinity of the Pine Terrace Subdivision and the Richardson Bay Lineal Park Multi-use Path, in the vicinity of McKegney Green. The proposed project would involve reconstruction of an existing pedestrian pathway to, among other things, make it comply with accessibility regulations, and would also involve installation of a new 200- foot long pathway that would provide direct access to McKegney Green from existing pedestrian improvements alongside Tiburon Boulevard. B. The Tiburon Planning Division prepared an initial study, which concluded that there were no potentially significant environmental effects related to the project that could not be mitigated through implementation of the mitigation measures agreed to in advance by the Town. C. On August 20, 2007, a Draft Mitigated Negative Declaration was circulated for public and agency comment. Notices of such availability were mailed to persons and agencies as required by law, posted, and advertised in the Ark newspaper to announce a public review period that ended on September 24, 2007. The notice included information on the scheduled public hearing on the project application. One comment letter was received during the comment period. D. The Town Council has held a duly noticed public hearing on October 3, 2007 and heard and considered all testimony received from interested persons and considered the project materials before it. The Town Council finds that the project is consistent with the goals, policies and programs of the Tiburon General Plan and consistent with the Town's zoning regulations. The Town Council finds that the project would provide a handicapped- accessible connection between the Del Mar Middle School and the Multi-Use Path, as well as providing other benefits to the general public in the form of enhanced access to the Richardson Bay Lineal Park. Tiburon Town Council Resolution No. XX-2007 --/--/2007 1 EXHIBIT NO. J.. E. The Town Council finds that no substantial evidence has been received that would support a fair argument that a significant environmental effect would result from the project after implementation of the mitigation measures. Section 2. Adoption of Mitigated Negative Declaration. NOW, THEREFORE, BE IT RESOLVED that the Town Council adopts the mitigated negative declaration for the Pine Terrace Pathway Improvement Project. Section 3. Approval ofProiect and Mitigation Monitoring Program. BE IT FURTHER RESOLVED that the Town Council hereby approves the Pine Terrace Pathway Improvement Project and adopts a mitigation monitoring program for the project as set forth in attached Exhibit "A", incorporated herein. The Director of Community Development is directed to file the Notice of Determination with the Marin County Clerk and the Governor's Office of Planning & Research (State Clearinghouse) within five (5) working days of this approval. Section 4. Authorization to Solicit Bids. BE IT FURTHER RESOLVED that the Town Manager is authorized to solicit project bids, subj ect to final Caltrans design approval. PASSED AND ADOPTED at a regular meeting of the Town Council on ,2007, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: TOM GRAM, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK S:\Administration\Town Council\Resolutions\2007\PineTerrace Pathway Improvement Project reso.doc Tiburon Town Council Resolution No. XX-2007 --/--/2007 2 EXHIBIT 'A If APPENDIX A . CONSENT AGREEMENT FOR l\fiTIGA TION MEASURES Project Title: Pine Terrace Pedestrian Path hnprovements - Richardson Bay Liileal Park Lead Agency Name and Address: To:wn ofTiburon; 1505 Tiburon Boulevard Tiburon, CA 94920 Contact Person and Phone Number: Daniel M. Watrous, Planning Manager (415) 435-7393 Project Location: Richardson Bay Lineal Park, Tiburon, Marin County, CA Project Sponsor's Name & Address: Town ofTiburon, 1505 Tiburon Boulevard, Tiburon, CA 94920 The Town ofTiburon, the project sponsor, hereby agrees to implement the mitigation measures described herein which are recommended for the proposed project based on the assessment of potential environmental impacts in the Initial Study and are incorporated into the preparation of the Mitigated Negative Declaration (pursuant to Section 21157.5 of the Public Resources Code and Articl~6 of the State CEQA Guidelines) for the proposed project. The mitigation measures required to reduce the potentially- significant impacts of the project to a 1ess-than-significant level are as follows: Mitigation Measure Air Quality - 1: The site shall be watered during construction to minimize fugitive dust. Mitigation Measure Cultural-I: All soils removal from this portion of the project shall be monitored by both an archeologist and a Native American representative to insure that all significant archeological materials and information are removed and/or recorded for further analysis if recovered. Monitoring shall also identify and lessen the impacts of project to possible human burials which may exist in undisturbed portions of the archeological site. . Monitoring shall consist of direct observation of the excavation process by a monitoring archeologist and a Native American representative. Monitoring shall occur during excavation until excavation is complete. The archaeologist and monitor shall coordinate with the Town and its contractor in advance of the start 9f work to determine monitoring schedules. Equipment stoppages shall only involve those pieces of equipment that have actually encountered significant or potentially significant deposits, and shall not be construed to mean a stoppage of all equipment on the site unless the cultural deposit covers the entire building site. During temporary equipment stoppages brought about to examine suspected remains, the archeologist and monitor shall accomplish the necessary tasks with all due speed. Mitigation Measure Cultural -2: If, during construction activities, any archaeological artifacts or human remains are encountered, the following measures shall be implemented: a. Construction shall cease and a qualified archaeologist, if not already present, shall visit the site to address the find. The Marin County Medical Examiner's office shall be notified to provide proper direction on how to proceed. If any Native American resources are encountered during construc- Pine Terrace Pedestrian Path - Richardson Bay Lineal Park, Tiburon, CA 37 \\, tion, construction' shall cease immediately until a Native American descendant, appointed by the Native American Heritage Commission of the State of California, is able to evaluate the site, make further recommendations, and be involved in mitigation planning. b. Any artifacts or samples collected as part of the initial discovery or monitoring must be properly conserved, catalogued, analyzed, evaluated, and curateq. in a manner consistent with current professional' archaeological standards. c. The Town of Tiburon is responsible for notifying the contractor in writing of the possibility of such findings prior to the onset of construction. Mitigation Measure Noise - 1: All construction activities shall comply with the Town' s limitatio~s on construction hours as set forth in Chapter 13 of the Tiburon Municipal Code. Construction shall be limited to 7:00 a.m. to 5:00 p.m., Monday through Friday, and 9:30 a.m. to 4:00 p.m. on Saturdays. Work shall not be performed on Sundays or on holidays recognized by the Town of Tiburon. Hours of operation, maintenance, and servicing of heavy equipment shall be limited to 8:00 a.m. to 5 :00 p.m., Monday through Friday. Mitigation Measure Noise - 2: Equipment engine doors on motorized equipment shall be closed during equipment operation. Mitigation Measure Noise- 3: The quietest of alternative feasible equipment shall be used d'1ring demolition and construction. Mitigation Measure Noise - 4: When not in use, motorized construction equipment shall not be left idling. Mitigation Measure Transportation/Traffic - 1: A temporary emergency access pathway shall be established and maintained in an unobstructed condition when the Tiburon Multi-Use Path is disturbed or otherwise obstructed as part of the proposed construction. This temporary emergency access pathway shall be designed and constructed to the satisfaction of the Tiburon Fire Protection District to allow emergency vehicles access to portions of the Richardson Bay Lineal Park currently accessed by the Tiburon Multi-Use Path. Project Sponsor's Signature: ~ Margaret Curran, Town Manager, Town ofTiburon 5'. d-iJ . o?- Date Pine Terrace Pedestrian Path - Richardson Bay Lineal Park, Tiburon, CA 38 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting October 17, 2007 Agenda Item: fJII- ~ STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Adopt Resolution Setting Forth an Hourly Billing Rate Schedule for Processing of Development Applications /~ Reviewed By: SUMMARY Town staff is proposing adoption of an Hourly Billing Rate Schedule for Processing of Development Applications. This Schedule would establish hourly billing rates for certain Town personnel during the processing of development applications such as precise development plans, subdivisions, and conditional use permits. The proposed billing rate schedule reflects the findings of a recent study commissioned by the Town. BACKGROUND The Town of Tiburon's fee structure for development applications is intended to recover staff time and other costs incurred by the Town in processing those applications. A review of hourly rates charged by other Marin County municipalities indicated that the Town was significantly underestimating actual costs of providing the services to process development applications. After seeking direction from the Town Council's Finance Subcommittee, staff retained a qualified consultant to conduct a cost recovery study that evaluated the adequacy of specific staff billing rates for development applications. The hourly rate study, attached as Exhibit 1, was prepared by Revenue and Cost Specialists, LLC, of Fullerton, California. The study calculated hourly rates for various Community Development Department employees when processing development applications that often involve coordination with other departments. The study does not apply to simpler applications (e.g., design review, tree permits, variances, sign permits, etc.), because a flat fee is charged based on average processing times for these short-duration applications. The proposed hourly billing rates constitute a "fully allocated hourly rate" for each employee (see Exhibit 2). The consultants first collected information for each of the studied positions, including the amount of time each position spends reviewing development applications, working on long-range projects and conducting other administrative duties. The consultants then used current Town budget figures for the salary, fringe benefits, available work hours, operating 'TO\\D (OUlldl expenses and overhead costs for each position. The consultants tabulated this information and calculated the hourly billing rates for each employee. The rates are intended to more accurately recover the actual cost to the Town of providing the application processing services for development applications. The Town has previously adopted an hourly rate schedule for all Town positions that provides a non-fully allocated billing rate for employees, representing their stand-alone hourly cost. This schedule will continue to be used for individual research projects involving only that employee. A resolution adopting the Hourly Billing Rate Schedule for Specified Town Personnel When Processing Development Applications is attached as Exhibit 3. No increase in planning, zoning, public works, or building permit application filing fees are included as part of this action. The hourly billing rates would be charged against the current initial filing fee deposit collected from an applicant at the time of application filing. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing on the item 2. Adopt the Resolution establishing the Hourly Billing Rate Schedule Exhibits: 1. 2. 3. Study prepared by Revenue & Cost Specialists, LLC, August 2007 Guide to Fully Allocated Hourly Rates Draft Resolution adopting an Hourly Billing Rate Schedule for Specified Town Personnel When Processing Development Applications Prepared By: Daniel M. Watrous, Planning Manager Community Development Fully Allocated Hourly Rates for the Town of Tiburon AUGUST 2007 Prepared by: Revenue & Cost Specialists, LLC 2545 East Chapman Ave, Suite 103 Fullerton, CA 92831 www.revenuecost.com (714) 992..9020 Copyright, 2007 by Revenue & Cost Specialists ExHwIT I Town of Tiburon Fully Allocated Hourly Rates Table of Contents 1) Fully Allocated Hourly Rate Detail 2) Available Work Hour Detail 3) Salary Detail 4) Fringe Benefit Detail 5) Operating Expense Detail 6) General and Departmental Overhead Detail 1 TOWN OF TIBURON Fully Allocated Hourly Rate Position Detail FY 2007-2008 POSITION CODE: DCD POSITION TITLE: DIRECTOR OF COM. DEV, SUBORG UNIT: PLANNING AND DESIGN REVIEW SUBORG UNIT CODE: 101-20-210 NO. OF FTE'S: 1.000 POSITION STATUS: FT FRINGE GROUP: MGMT Total Avall-Wk-Hrs DIRECT COSTS: Avail. Work Hours/Salary 1,620 I! Fringe Benefits Maintenance & Operation Costs Building Occupancy Costs Debt Service Costs INDIRECT COSTS: Overhead Costs Fixed Asset Replacement Costs TOTAL - All Costs Page 3 % of Salarv 38.52% 14.53% 0.00% 0.00% 120.04% 0.00% Hourlv Rate $70.94 $27.33 $10.31 $0.00 $0.00 $85.16 $0.00 $193.74 August 17, 2007 TOWN OF TIBURON Fully Allocated Hourly Rate Position Detail FY 2007..2008 POSITION TITLE: PLANNING MANAGER POSITION CODE: PM SUBORG UNIT: PLANNING AND DESIGN REVIEW SUBORG UNIT CODE: 101-20-210 NO. OF FTE'S: 1.000 POSITION STATUS: FT FRINGE GROUP: MIDMGMT Total Avall-Wk-Hrs DIRECT COSTS: Avail. Work Hours/Salary 1,639 Fringe Benefits Maintenance & Operation Costs Building Occupancy Costs Debt Service Costs INDIRECT COSTS: Overhead Costs Fixed Asset Replacement Costs TOTAL - All Costs Page 5 % of Salarv 36.32% 14.53% 0.00% 0.00% 120.04% 0.00% Hourlv Rate $50.63 $18.39 $7.36 $0.00 $0.00 $60.78 $0.00 $137.16 August 17, 2007 TOWN OF TIBURON Fully Allocated Hourly Rate Position Detail FY 2007 -2008 POSITION TITLE: ASSOCIATE PLANNER POSITION CODE: ASSOC SUBORG UNIT: PLANNING AND DESIGN REVIEW SUBORG UNIT CODE: 101-20-210 NO. OF FTE'S: 1.000 POSITION STATUS: FT FRINGE GROUP: MIDMGMT Total Avail-Wk-Hrs DIRECT COSTS: Avail. Work Hours/Salary 1,639 Fringe Benefits Maintenance & Operation Costs Building Occupancy Costs Debt Service Costs INDIRECT COSTS: Overhead Costs Fixed Asset Replacement Costs TOTAL - All Costs Page 1 % of Salarv 36.32% 14.53% 0.00% 0.00% 120.04% 0.00% Hourlv Rate $33.08 $12.01 $4.81 $0.00 $0.00 $39.71 $0.00 $89.61 August17,2007 TOWN OF TIBURON Fully Allocated Hourly Rate Position Detail FY 2007-2008 POSITION TITLE: ASSISTANT PLANNER POSITION CODE: ASST SUBORG UNIT: PLANNING AND DESIGN REVIEW SUBORG UNIT CODE: 101-20-210 NO. OF FTE'S: 1.000 POSITION STATUS: FT FRINGE GROUP: MIDMGMT Total AvaJl-Wk-Hrs DIRECT COSTS: Avail. Work Hours/Salary 1,639 Fringe Benefits Maintenance & Operation Costs Building Occupancy Costs Debt Service Costs INDIRECT COSTS: Overhead Costs Fixed Asset Replacement Costs TOT AL - All Costs Page 2 % of Salarv 36.32% 14.53% 0.00% 0.00% 120.04% 0.00% Hourlv Rate $30.44 $11.06 $4.42 $0.00 $0.00 $36.54 $0.00 $82.46 August 17, 2007 TOWN OF TIBURON Fully Allocated Hourly Rate Position Detail FY 2007-2008 POSITION TITLE: PLANNING SECRETARY POSITION CODE: PLSEC SUBORG UNIT: PLANNING AND DESIGN REVIEW SUBORG UNIT CODE: 101-20-210 NO. OF FTE'S: 1.000 POSITION STATUS: FT FRINGE GROUP: GEN Total Avall-Wk-Hrs DIRECT COSTS: Avail. Work Hours/Salary 1,639 Fringe Benefits Maintenance & Operation Costs Building Occupancy Costs Debt Service Costs INDIRECT COSTS: Overhead Costs Fixed Asset Replacement Costs TOTAL - All Costs Page 4 % of Salarv 36.32% 14.53% 0.00% 0.00% 120.04% 0.00% Hourlv Rate $28.03 $10.18 ,$4.07 $0.00 $0.00 $33.65 $0.00 $75.93 August17,2007 TOWN OF TIBURON Fully Allocated Hourly Rate Position Detail FY 2007 -2008 POSITION CODE: TENG POSITION TITLE: PW DIR/TOWN ENGINEER SUBORG UNIT: PW ADMIN & ENGINEERING SUBORG UNIT CODE: 101-40-430 NO. OF FTE'S: 1.000 POSITION STATUS: FT FRINGE GROUP: MGMT Total Avall-Wk-Hrs DIRECT COSTS: Avail. Work Hours/Salary 1,620 Fringe Benefits Maintenance & Operation Costs Building Occupancy Costs Debt Service Costs INDIRECT COSTS: Overhead Costs Fixed Asset Replacement Costs TOTAL - All Costs Page 8 % of Salarv 38.52% 22.80% 0.00% 0.00% 124.03% 0.00% Hourlv Rate $80.00 $30.82 $18.24 $0.00 $0.00 $99.22 $0.00 $228.28 August17,2007 TOWN OF TIBURON Fully Allocated Hourly Rate Position Detail FY 2007-2008 POSITION TITLE: ADMINISTRATIVE AIDE POSITION CODE: AA SUBORG UNIT: PW ADMIN & ENGINEERING SUBORG UNIT CODE: 101-40-430 NO. OF FTE'S: 1.000 POSITION STATUS: FT FRINGE GROUP: GEN Total Avall-Wk-Hrs DIRECT COSTS: Avail. Work Hours/Salary 1,639 Fringe Benefits Maintenance & Operation Costs Building Occupancy Costs Debt Service Costs INDIRECT COSTS: Overhead Costs Fixea Asset Replacement Costs TOTAL - All Costs Page 7 % of Salarv 36.32% 22.80% 0.00% 0.00% 124.03% 0.00% Hourlv Rate $26.90 $9.77 $6.13 $0.00 $0.00 $33.36 $0.00 $76.16 August 17, 2007 2 z o ~ ....J :::> () ....J <( () C/) ~ :::> o ZI o~ a:: a:: :::>0 cas I-w lL.....J 0(000 z:59 s<(~ o~>- 1-"lL. 1 r- ,I 0 CD 0 CO CO CO C"? en I 00 en N -.;t 0 L() ~ C"? 1 C/) 0 ~ CO ~ <0 1 1 ~ C'\J ~ ~ 1 1 1 :::> 1 ....J I 0 1 ~ 1 :r: I I I W I Z ill 0 N L() ~CD CD CD co ~ ~ N C'\J N C/) ~ 0 I- Z W ~ W CD <( z <( ~ 1 o ~ J- Z W ~ W CD <( z <( ~ C/) ~ ::> o :r: C/) ~ o C/) a:: :::> o :r: C/) ~ o o 00 o C'\J <ooooco enN -.;t ~ o <0 C'\J NL()~<O ~ ~ o 00 o C'\J CD 0 00 CO en-.;t -.;t ~ o <0 C'\J NL()~<o ~ I'-- ~ W ~ I- ....J <( I- o I- ZI~ >-0<.9<( <(-::>w ol-O....J _<(....J~ C/) O....J () 0::: () C/) <(:::>- WI>lL.C/) ....J .....-.. ~ o o LO --- CO o 00 ~ I'-- C"? LO ~ ~ <0 N N CO CO I'-- ~ CD N LO ~ ~ -.;t N N ....J <( I- o I- (0 ::> C/) z S o o - 0.. :JC/) I-~ 0:::<( Cf.)<(W Cf.)1-a:: WCf.)(O ....J en C"? <0 ~ o N to ~ ....J ~ o I- 3 TOWN OF TIBURON Positions by Org Unit FY 2007-2008 Org: 20 Name: COMMUNITY DEVELOPMENT SubOrg Total FIB Hourly # of Empl. Group Salary Rate 1.000 MIDMGMT $54,225.00 $89.61 1.000 MIDMGMT $49,896.00 $82.46 1.000 MGMT $114,929.00 $193.74 1.000 GEN $45,942.00 $75.~)~3 1.000 MIDMGMT $82,983.00 $137.1() 5.000 $347,975.00 SubOrg # SubOrg Name Pos# Title 101-20-210 PLANNING AND DESIGN RE ASSOC ASSOCIATE PLANNER 101-20-210 PLANNING AND DESIGN RE ASST ASSISTANT PLANNER 101-20-210 PLANNING AND DESIGN RE DCD DIRECTOR OF COM. DEV. 101-20-210 PLANNING AND DESIGN RE PLSEC PLANNING SECRETARY 101-20-210 PLANNING AND DESIGN RE PM PLANNING MANAGER 101-20-211 BUILDING INSPECTION BLDG BUILDING DIVISION SALARIE 4.000 GEN $302,619.00 $124.41 SubOrg Total 4.000 $302,619.00 Org Total 9.000 $650,594.00 B " (j 'I August 17, 2007 J~1 "j () 'C I I I I I I I I I I I I I I I I I I I oS rJ tJ r5i ,.J Co rJ vJ 0 \1 0 0 'C 0 l~ I I ~ I ~ co ct tlJ t e ~ ~ D J EI7 q:q:: ~ q: ~ EI7 EI7 ~ EI7 ~ t-- 0 0 0 "'"" ..- 0 C") 0 C") 0 <0 t-- ..- V 0 N V 0 0 'r" N 'C N I 0 N 0 m LO <0 0 0 1.0 N t-- C") to C") I 0 0 It) (1) L()~ 0 L()~ 0 N m to 0 ..- C") N. V m m~ co. <0 CD CD In co c:i co -o:i en ~ ..,f c.ri c<'i ..- ui 0 ..- N N I() 0 0 N N ..- C") ..- N m ..- ..- C") CD 'r" Co "'"" ..... N It) 2 0- EI7 EI7 EI7 EI7 EI7 W- 'C 0 0 0 ..- to <0 C") ..- m t-- 0 N m 0 1.0 0 1.0 N (1) I 0 co co ..- N r-... <0 CD C") r-... CD N 1.0 <0 r-... 0 r-... en .... 0 L()~ 1.0. 0 <0 co C") v C")~ v C"). 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C") C") LO LO ct LO LO LO LO L() LO LO L() LO LO LO LO o co I Q) 0> ro a.. 6 TOWN OF TIBURON Overhead Summary - By Overhead Service FY 2007-2008 Less Overhead Total Overhead Overhead Overhead Ref # Overhead Service Costs Salaries Salaries Base Percent OtH-CD COM DEV OVERHEAD 93,943 650,594 140,752 509,842 18.43% OtH-ENG ENGINEERING OVERHEAD 54,742 173,684 87,710 85,974 63.67% OtH-GEN GENERAL OVERHEAD . 449,848 1,256,686 228,462 1,028,224 43.75% OtH-PLAN PLANNING OVERHEAD 119,903 347,975 140,752 207,223 57.86% OtH-PW PUBLIC WORKS OVERHEAD 86,1 04 606,092 87,710 518,382 16.61 % 804,541 O/H Percent = O/H Costs I (Total Salaries - Overhead Salaries) August 17,2007 TOWN OF TIBURON COST DETAIL WORKSHEET FY 2007-2008 SERVICE REFERENCE NO. COM DEV OVERHEAD O/H-CD NOTE TOTAL UNITS Unit Costs are an Average of Total Units 1 DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING AND DESIGI DIRECTOR OF COM. DEV. 40% 648.00 $70,359.84 1 $70,360 PLANNING AND DESIGI PLANNING SECRETARY 25% 409.75 $17,324.23 1 $17,324 PLANNING AND DESIGI PLANNING MANAGER 5% 81.95 $6,259.34 1 $6,259 TYPE SUBTOTAL 1,139.70 $93,943.41 $93,943 TOTALS 1,139.70 $93,943.00 $93,943 August 17, 2007 TOWN OF TIBURON COST DETAIL WORKSHEET FY 2007-2008 SERVICE REFERENCE NO. ENGINEERING OVERHEAD O/H-ENG NOTE TOTAL UNITS Unit Costs are an Average of Total Units 1 DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PW ADMIN & ENGINEEI ADMINISTRATIVE AIDE 33% 546.28 $23,380.78 1 $23,381 PW ADMIN & ENGINEEI PW DIRlTOWN ENGINEER 15% 243.00 $31,361.58 1 $31,362 TYPE SUBTOTAL 789.28 $54,742.36 $54,742 TOTALS 789.28 $54,742.00 $54,742 August 17, 2007 TOWN OF TIBURON COST DETAIL WORKSHEET FY 2007-2008 SERVICE REFERENCE NO. GENERAL OVERHEAD O/H-GEN NOTE TOTAL UNITS Unit Costs are an Average of Total Units 1 DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST GENERAL OVERHEAD 0.00 $449,848.00 1 $449,848 TYPE SUBTOTAL 0.00 $449,848.00 $449,848 TOTALS 0.00 $449,848.00 $449,848 August 17, 2007 TOWN OF TIBURON COST DETAIL WORKSHEET FY 2007-2008 SERVICE REFERENCE NO. PLANNING OVERHEAD O/H-PLAN NOTE TOTAL UNITS Unit Costs are an Average of Total Units 1 DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PLANNING AND DESIGI DIRECTOR OF COM. DEV. 20% 324.00 $35,179.92 1 $35,180 PLANNING AND DESIGI PLANNING SECRETARY 50% 819.50 $34,648.46 1 $34,648 PLANNING AND DESIGI PLANNING MANAGER 40% 655.60 $50,074.73 1 $50,075 TYPE SUBTOTAL 1,799.10 $119,903.11 $119,903 TOTALS 1,799.10 $119,903.00 $119,903 August 17, 2007 TOWN OF TIBURON COST DETAIL WORKSHEET FY 2007-2008 SERVICE REFERENCE NO. PUBLIC WORKS OVERHEAD O/H.PW NOTE TOTAL UNITS Unit Costs are an Average of Total Units 1 DEPARTMENT POSITION TYPE UNIT TIME UNIT COST ANN. UNITS TOTAL COST PW ADMIN & ENGINEEI ADMINISTRATIVE AIDE 33% 546.28 $23,380.78 1 $23,381 PW ADMIN & ENGINEEI PW DIRlTOWN ENGINEER 30% 486.00 $62,723.16 1 $62,723 TYPE SUBTOTAL 1,032.28 $86,103.94 $86,104 TOTALS 1,032.28 $86,104.00 $86,104 August 17, 2007 0 T"' 0') 0 0 <(00 COvO T"' WI- 0')00 O. I 00 O')-N"r-: 0') 0:::0 COl"-v co Wo O')N "! > 0 I 000 0 00-00 00 0 0001- 0')0 0') WZOO ..no ..n -100 cov 0 zO T"' T"' ~ -- T"'O')O 0 -1 COVO ..... <( COOO 0') I- ..nN"r-: -.::i 0 ("f)..... v 0') I- T"'_V 1.('). T"' T"" -1 000 0 <( 000 0 I- o. o. o. 0 a.. CO.....T"' ex) <( N N 0 cL 01"-0 I"- I"-COO C") >< COco 0 I.(') W "" CO. cD cD cL O'Jl.(')v CO ("f)N CO 0 00 l[) 0') 0 v ~ I- 0 ("f) l"- T"' l[) u: ("f). 0_ V ~ -1 ill cov 0 ("f) z O')("f) C") v ~ W T"' N W CO 0 00 CO ("f) 0 0') L()O) CO Z W l[)0 I.(') L() I.(') 0') 0 ~ O'JT"" 0') L()O') L()_ l= :5 mo cr> cDcr> CO NN V 0') v -Q" I- :5 l[) ..... 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ADMINISTRATIVE AIDE 1.000 GEN $44,084.00 $76.'18 PW DIRlTOWN ENGINEER 1.000 MGMT $129,600.00 $228.28 SubOrg Total 2.000 $173,684.00 101-40-430 101-40-430 101-40-43X PW ADMIN & ENGINEERIN( AA PW ADMIN & ENGINEERIN( TENG OTHER PW DIVISIONS OTHPW OTHER PUBLIC WORKS SALARI 7.000 GEN $432,408.00 $74.13 SubOrg Total 7.000 $432,408.00 Org Total 9.000 $606,092.00 "t .~. 1n. . ') d 16 August 17,2007 4 Code TOWN OF TIBURON Fringe Benefit Rate Summary FY 2007-2008 Benefit Group Benefit Percent Av-Wrk-Hr GEN MGMT MIDMG GENERAL EMPLOYEES MANAGEMENT MID-MANAGEMENT 36.3160/0 38.524%) 36.3160/0 1,639 1,620 1,639 TOWN OF TIBURON Fringe Benefit Component Detail FY 2007 -2008 Group Code: GEN Description: GENERAL EMPLOYEES Percent Component Description Benefit Dollar Benefit MEDICAL & INSURANCE 10.760% EMPLOYEE ACCRUING FRINGE 7.125% PERS RETIREMENT 16.981% FICA-MEDICARE 1.450% , AUTO ALLOWANCE 0.000% $9,686.80 $6,414.35 $15,287.32 $1,305.38 $0.00 TOTALS 36.316% Total Salaries 1 $32,693.85 $825,053.00 August 2, 2007 TOWN OF TIBURON Fringe Benefit Component Detail FY 2007 -2008 Group Code: MGMT Description: MANAGEMENT MEDICAL & INSURANCE EMPLOYEE ACCRUING FRINGE PERS RETIREMENT FICA-MEDICARE AUTO ALLOWANCE Percent Dollar Benefit Benefit 10.760% $26,311.32 7.125% $17,422.69 16.981% $41.523.47 1.450% $3,545.67 2.208% $5.399.20 TOTALS 38.524% $94,202.35 Total Salaries $244,529.00 Component Description 2 August 2, 2007 TOWN OF TIBURON Fringe Benefit Component Detail FY 2007-2008 Group Code: MIDMGMT Description: MID-MANAGEMENT MEDICAL & INSURANCE EMPLOYEE ACCRUING FRINGE PERS RETIREMENT FICA-MEDICARE AUTO ALLOWANCE Percent Dollar Benefit Benefit 10.760% $20,132.39 7.125% $13,331.16 16.981 % $31,772.13 1.450% $2,713.01 0.000% $0.00 TOT ALS 36.316% $67,948.69 Total Salaries $187,104.00 Component Description 3 August 2, 2007 5 co (J) 0 u:; 0 CO N ..- 0 f:fl en l"- (\') 0 CO CO ii a; cO cO LO LO M C'l l"- N ..- u:; M .... 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The Holiday, Vacation, Furlough, and 50% of the Sick Leave hours from the individual MOU's are subtracted from 2,080 hours. Then 15 minutes a day for start-up/wind-down time and 30 minutes a day for breaks is subtracted from that number to arrive at the final available work hour number. This is meant to represent the actual time that an average employee is actual working. The salary number from above is divided by the available work hour number to determine the hourly salary rate. Fringe Benefits. The fringe benefit information is taken from the 07/08 Budget detail. If it is a dollar benefit it is calculated as a percentage of salary. All of the percentage components are added to determine the fringe benefit rate for each MOU group. That percentage is then applied against the salary hourly rate to calculate the fringe benefit hourly rate. Operating Expenses. The Operating Expenses comes from the Supplies and Services section of the 07/08 Budget detail. Some costs are subtracted from this number, since some costs should not be applied against the hourly rate. Examples of this are contract expenses and JP A expenses, which are identified in the budget detail. This resulting number is calculated as a percentage of the total salaries in that division and then applied against the salary hourly rate. Overhead Rates. The overhead costs represent General Town administrative costs, department administrative costs, and divisional administrative costs. The General Town rate represents the costs for Administrative Services, Legal Services, and Legislative, less certain non- administrative contract costs and litigation costs. This number is then calculated as a percentage of non-overhead salaries in the Town. The Departmental and Divisional rates were calculated by determining the amount of staff time involved in each service. This cost was then turned into a percentage of non-overhead salaries in each department or division. Each position then has three levels of overhead. For instance, the overhead rate for a position in Planning includes the General Town rate, the Community Development departmental rate, and the Planning divisional rate. That rate is then applied against the salary hourly rate to calculate the overhead hourly rate. Summary. All of these components are added together to calculate the fully allocated hourly rate for each position. EXHIBIT J- blti"f 3 - RESOLUTION NO. XX-2007 A RESOLUTION OF THE TOWN COUNCil OF THE TOWN OF TIBURON ADOPTING HOURLY BilliNG RATES FOR CERTAIN TOWN POSITIONS INVOLVED WITH THE PROCESSING OF DEVELOPMENT APPLICATIONS WHEREAS, the Tiburon Municipal Code requires that any changes to the Town's filing and processing fees and charges be set forth by Resolution of the Town Council; and WHEREAS, it is the intent of the Town Council that such fees and charges be used to reimburse the Town for the costs of providing the services for which the fees and charges are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands within the Town's various departments; and WHEREAS, from time to time it is necessary to revise and reevaluate these fees and charges to reflect actual costs incurred by the Town in the normal course of its operation and according to its obligations to administer State statutory requirements under the authority of Town ordinances, and WHEREAS, the Town contracted with Revenue & Cost Specialists, LLC to study and formulate appropriate billing rates for Town of Tiburon personnel involved in the processing of development applications; and WHEREAS, the completed study includes recommendations to establish fully allocated hourly billing rates for time spent by those certain Town personnel who work extensively on processing of development applications; and WHEREAS, the Council wishes to ensure that the Town recovers from project applicants the cost of all services that the Town provides by adopting this resolution and by requiring all project applicants to enter into agreements providing for the advance deposit of estimated fees; the further payment of any required fees in excess of the deposit; and the refund of any portion of the deposit not expended in the processing of the application; and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances; and WHEREAS, the Council finds that the hourly billing rate schedule established by this resolution will not exceed the cost of the services to be provided. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the Hourly Billing Rate Schedule for Specified Town of Tiburon Personnel When Processing Development Applications, attached hereto as Exhibit A, said Hourly Billing Rate Schedule to become effective sixty (60) days from Resolution No. xx-2007 Development Application Billing Rate Schedule Effective --/--/200- 1 adoption of this resolution. All applicants for permits that may be subject to the hourly rate fees adopted by this Resolution shall be required to enter into agreements with the Town for the payment of said fees. Town Department Heads and their designees are hereby authorized to negotiate and execute said agreements on behalf of the Town, subject to the approval of the Town Attorney. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on , 2007, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: TOM GRAM, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK Resolution No. xx-2007 Development Application Billing Rate Schedule Effective --/--/200- 2 EXHIBIT "A" HOURLY BILLING RATE SCHEDULE FOR SPECIFIED TOWN OF TIBURON PERSONNEL WHEN PROCESSING DEVELOPMENT APPLICATIONS (EFFECTNE --\--\2007) TOWN PERSONNEL HOURL Y BILLING RATE Director of Public Works $228.28 Director of Community Development $193.74 Planning Manager $137.16 Associate Planner $89.61 Assistant Planner $84.46 Public Works Administrative Aide $76.16 Planning Secretary $75.93 NOTES: 1. Hourly billing rate adjustments not to exceed 5% may be adopted annually, without a public hearing, based on Town Council approved salary and benefit adjustments. Any annual adjustments to this Schedule exceeding 5% shall require a public hearing. 2. This annual adjustment clause is valid for no more than five years from the first day of the fiscal year (July 1) nearest to its adoption date, absent a public hearing. Additional adjustments beyond that date (in the absence of a public hearing during that 5-year period) shall require a public hearing. S:\Administration\Town Council\StaffReports\2007\Oct. 17, 2007\hourIy billing rates for application processing reso.doc Resolution No. xx-2007 Development Application Billing Rate Schedule Effective --/--/200- 3