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Home My WebLink AboutTC Agd Pkt 2004-09-15 ,. . .'..-. TOWN OF TIBURON Regular Meeting Town Council Chambers 1505 Tiburon Boulevard Tiburon, CA 94920 September 15, 2004 6:30 PM - Closed Session 7:30 PM - Meeting 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.liburon.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, ,A ?J 4- Ur;- :' " Agenda - Town Council Meeting September 15, 2004 Page 2 of 4 CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL (Section 54956(a)) Zack et ai, v MERA ef ai, Fenster v, Town Council, Planning Commission & Library Agency CONFERENCE WITH LABOR NEGOTIATOR (Section 54956,9(b)) Bargaining Unit: Negotiator: Tiburon Police Association Town Manager CALL TO ORDER AND ROLL CALL Councilmember Gram, Council member Slavitz, Councilmember Smith, Vice Mayor Berger, Mayor Fredericks ORAL COMMUNICATIONS Persons wishing to address the Town Council on any subject not on the agenda may do so now, Please note however, that the Town Council is not able to undertake extended discussion or action tonight on items not on the agenda, Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration and/or placed on a future Town Council meeting agenda. Please limit vour comments to no more than three (3) minutes, CONSENT CALENDAR 1, Approval of Town Council Minutes - August 18, 2004 2, Recommendation by Director of Administrative Services - Adopt Town investment Summary for July 2004 3. Recommendation by Director of Public WorkslTown Engineer - Authorize Agreement w/ Kimley- Horn Engineering Services for Plan to Create Merge/Acceleration Lane at Reed Ranch Road and Possible Improvements to Trestle Gle~ Intersection 4, Recommendation by Director of Public WorkslTown Engineer - Award of Contract for 2003-04 Drainage Improvements 5, Recommendation by Advance Planner - Adoption of General Plan Annual Report 6. Recommendation by Director of Public WorkslTown Engineer - Amend Storm Water Runoff Impact Fee a) A Resolution of the Town Council of the Town of Tiburon Amending the Storm water Runoff Impact Fee i' Agenda - Town Council Meeting September 15, 2004 Page 3 of 4 PUBLIC HEARING 7, Recommendation by Director of Public WorkslTown Engineer - Lyford Cove Undergrounding of Utilities Assessment District a) A Resolution of the Town Council of the Town of Tiburon Preliminarily Approving Engineer's Report and Directing Related Actions 8, Report by Advance Planner - General Plan Update: Goal, Policy and Program Refinement - Noise & Safety Element Issues Paper REGULAR AGENDA 9, Recommendation by Advance Planner - Adoption of Solar Panel Policy COUNCIL. COMMITTEE AND COMMISSION REPORTS MERA Siting Negotiations - Mayor Fredericks WRITTEN COMMUNICATIONS Town Council Weekly Digest - August 20,2004 Town Council Weekly Digest - August 27,2004 Town Council Weekly Digest - September 3, 2004 Town Council Weekly Digest - September 10, 2004 ADJOURNMENT FUTURE AGENDA ITEMS - Note: These items are tentative until thev aooear on the final aaenda October 6, 2004 . Lyford Cove Utility Undergrounding Property Owner's Information Meeting - 6:00 p,m, . 100 Lyford Drive - Appeal . Revisions to Landslide Mitigation Policy . Plans and Specifications for Permanent Restroom Facility at South Knoll . Revised Street Impact Fee Schedule . Town ManagerlT own Attorney Evaluations October 9, 2004 Homeowner's Summit with Town Council ,'. ..., Agenda - Town Council Meeting September 15, 2004 Page 4 of4 ;.. October 2D, 2004 . Jr, Recreation Department - Annual Report . Pilgrim Heights Undergrounding of Utilities District - Accept Petitions and Boundary Map . COPS Spending Program . County-wide General Services JPA . Solar Panels at Town Hall November & December . Raccoon Lane Undergrounding Project - Reaffirm Resolution of Intention . Parente Property Certification of EIR . Proposed Erosion and Siltation Control Ordinance . Request by Rotary Club to Place Viewing Binoculars at Ferry Plaza/Shoreline Park . 3" Quarter Budget Report . Adoption of Updated Personnel Rules and Regulations . Trestle Glen Bike and Pedestrian Path Improvements - Plans and Specifications . Annual Meeting of Tiburon Redevelopment Agency . Audit Report and Adoption . Transfer of Reserves . Lyford Cove Undergrounding District - Public Hearing and Ballot Count - (November 17) . Election of MayorlVice Mayor - (December 1) . Town Holiday Party - (December 15) ~ ~~ , TOWN COUNCIL MINUTES CALL TO ORDER Mayor Frcdericks called thc regular meeting of the Tiburon Town Council to order at 7:30 p,m. on Wednesday, August 18,2004, in Town Council Chambers, 1505 Tiburon Boulevard, Tiburon, California. ROLL CALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram ABSENT: COUNCILMEMBERS: Slavitz, Smith PRESENT: EX OFFICIO: Town Manager McIntyre, Town Attorney Danforth, Director of Community Development Anderson, Planning Manager Watrous, Director of Public Works/Town Engineer Echols, Director of Administrative Services Bigall, Town Clerk Crane Iacopi CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATOR (Section 54956,9(b)) Bargaining Unit: Negotiator: Tiburon Police Association Town Manager CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Scction 54956,9(a)) Zack, et al. v, Marin Emergency Radio Authority ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION. IF ANY Mayor Frcdcricks said that no action was taken. ORAL COMMUNICATIONS Nonc, TOWI/ Coul/cil Mil/utes II /6-2004 August IS, 20tM Page I . "^~ APPOINTMENTS TO BOARDS. COMMISSIONS & COMMITTEES . Parks & Open Space Commission - (One Vacancy) MOTION: Moved: Vote: To appoint Christopher Wand to the Parks & Open Space Commission Gram, seconded by Berger AYES: Unanimous ABSENT: Slavitz, Smith CONSENT CALENDAR Councilmember Gram asked to remove Item No.4 from Consent for discussion, I, Approval of Town Council Minutes - August 4, 2004 2, Recommendation by Director of Public Works/Town Engineer - Accept as Complete FY 2003-04 Street Rehabilitation Project 3. Recommendation by Director of Public Works/Town Engineer - Approve FY 2004- 05 Capital Improvement Projects Plans and Specifications MOTION: Moved: Vote: To approve Consent Calendar Item Nos, ],2 & 3, Berger, seconded by Gram AYES: Unanimous ABSENT: Slavitz, Smith 4, Request by Tiburon-Peninsula Chamber of Commercc - Authorize Street Closure for "Fridays on Main" and Budget Amendment Town Manager McIntyre gave a briefreporl, stating that he had met with representatives of the Chamber, Mary Catherine Bach, Jim Hermann, and Terry Koenig, to hear more details and discuss a budget for the proposal. He also said that they had requested the addition of Friday, October] 5 to the schedule as it would coincide with the professional tennis toumamentthat would be underway that week at the Tiburon Peninsula Club, McIntyre said that $5,600 had been requested to fund the events and that there were funds available in the Town budget. He said that Council was being asked to approved two facets: the proposed closure of Main Street on those five Friday evenings, and secondly, the budget appropriation, Mayor Fredericks asked what the expected outcome of the proposal was, Town Council Minutes # J 6-2()()4 A "gust 18, 2004 Page 2 , ' ;; Vice Mayor Berger, the Council's representative to the Downtown Development Committee, said that it was a 'combination of "consciousness raising" about new merchants and businesses downtown, as well as to promote positive interaction between residents and local businesses, Terry Koenig, representing the Chamber and Koenig & Associates said that the idea was to make Main Street a gathering place on Fridays nights and to encourage people to stay in town rather than go into San Francisco (or other locations). He concurred with the Vice Mayor that it would be a venue to showcase new stores and restaurants, and that there would be picnic tables available for those who just wanted to comc down and enjoy thc music and ambience. Councilmcmbcr Gram said that hc thought an alternate approach might be to see if the first evening was successful and if so, to plan future ones using what had learned from the first event. Vice Mayor Berger said that the group had considered "spreading out" the evenings over a longer period oftime but noted that with the changing seasons, darkness would fall earlier which would makc it Icss workable, Mayor Fredericks asked ifthc livc music would be staged at the ferry plaz.a and was told that it would be in thcstreet, near Scrvino' s restaurant. She noted that residents in the area had complained about loud music, Mr. Koenig replied that it would be "low key" so that people could talk, and that there was no stage or big P A system planned. MOTION: To approve the closure of Main Street for five Friday nights, bcginning Septcmher 17, and to appropriate $5,600 to help subsidiz.e the cost of "Fridays on Main." Berger, scconded by Gram AYES: Unanimous ABSENT: Slavitz, Smith Moved: Vote: REGULAR AGENDA 5. Presentation by Tiburon-Pellinsula Chamber of Commerce - Request for Funding for "Oktoberfest" Event Rohin Daly, representing the Chamher of Commerce, gavc a presentation and description of the proposed event on October 2 at the Boardwalk parkinglot and asked that Council re-direet the $2,000 it had allocated for the "Festival of Trees" to that event instead. She said that the funds would be seed money to cover the cost of the "oompah" band and food, and that it would be a family event with balloons, a clown, and face painting, as well. Ms, Daly said that the event already had a number of corporate and business sponsors, and that the proceeds would go toward the lighting of the median strip on Tiburon Boulevard downtown during the holidays. Town Council Minutes # 16-2(J(J4 August 18, 2004 Page 3 Councihncmhcr Gram asked whcther the Belvedere Council had also contributed to the event. Ms, Daly said that they allocated $2,000, as well. MOTION: Moved: Vote: To redirect $2,000 to the Oktoherfest on October 2, 2004, Berger, seconded hy Gram AYES: Unanimous ABSENT: Slavitz, Smith 6, Recommendation by Director of I'ublic Works/Town Engincer - Request by Rotary Club to Place Viewing Binoculars at Ferry Plaza/Shoreline Park The Mayor said that the item had been continued. 7, Recommendation by Town Manager - Appointment ofTihuron Alternate Representative to Marin Emergency Radio Authority (MERA) Board of Directors MOTION: Moved: Vote: To appoint Councilmember JelTSlavitz as alternate representative, Gram, seconded by Berger AYES: Unanimous ABSENT: Slavitz, Smith PUBLIC HEARING 8, Recommendation by Planning Manager - Precisc Plan Amendment to Modify Building Envelope to Install Fence and Landscaping Address: Applicants: APNo,: 6 Indian Rock Court Christopher Senn & Inge Hendrommiono 038-400-03 Planning Manager Watrous said that two changes had heen requested for changes to the building envelope at 6 Indian Rock Court, He said that the Planning COlllmission recommended approval of the change to the western portion of the envelope but not to the eastern side because it encroached into a scenic easement (between the homes and 6 and 8 Indian Rock Comi) that was established by the Town Council when it approved the Preserve Precise Plan, Mayor Fredericks opened the public hearing, Marci Camacho, landscape architect representing the owners oCthe propeliy, said that her clients felt that the Planning Commission recommendation was reasonable especially once they found out that the neighbors [at 8 Indian Roek Court] had been required to remove landscaping IrOln the scenic caselllent in the past. TOlI'1I COl/ncil Mil/Illes # lo-2{){)4 Al/gl/s/IS,201!4 Page 4 .; .....;1:l. :> .. The Mayor ask cd whcthcr thc proposed deer fences would be hidden by existing shrubbery, Ms, Camacho said that they would not be visible from the street due to the topography in the arca and that the deer fence would be made of mesh material with stained posts to blend with the area, In response a comment by Mayor Fredericks, about the portion of the plan on the eastern side which had not bcenapproved, Ms, Camacho concurred that the landscaping on that side would have indeed been visible and would have changcd the "barren" look of the area which was similar to the surrounding open space. Mayor Fredericks closed the public hearing, Vice Mayor Berger said that it was a well though out landscape plan. MOTION: Moved: Vote: To adopt the resolution approving the Precise Plan Amendment, as written. Berger, seconded by Gram . A YES: Unanimous ABSENT: Slavitz, Smith COUNCIL, COMMITTEE AND COMMISSION REPORTS None, WRITTEN COMMUNICATIONS Town Council Weekly Digest - August G, 2004 Town Council Weekly Digest - August 13, 2004 Town Manager Mcintyre called attention to correspondence concerning two oCthe BMR units at Pt. Tiburon Marsh and said that Staff would return to Council with a policy concerning some of the issues raised in these letters, Mcintyre said that the "Spirit of Marin" awards luncheon would take place on September 17 at S1. Vincent's School for Boys, and he asked the Town Clerk to follow up if any ofthc Council was interested in attending, He noted that Jim and Howard Allen were being honored by thc Chamber this year. With regard to 7 Audrey Court correspondence in the Digest, the Town Manager said that Staff had addressed all of the questions raised by the neighbors and interested parties, He said that he was confident that the Town's processes and procedures had been followed in their entirety and that legal counscl had said thcrc was no process for furthcr rcvicw as a rcsult. Town Council Minutes # 10-2004 August /8, 2004 Page 5 ~"; . ...;;:..,., ADJOURNMENT There being no furtber business before the Town Council of the Town of Tiburon, Mayor Fredericks adjourned the meeting at 8:00 p.m" to the next regular meeting scheduled fi,r September IS, 2004, . ALlCE FREDERICKS, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK TmvlI COl/llcil Minules # 10-2004 AI/gI/SI 18, 201!4 Page 6 Town of Tiburon STAFF REPORT AGENDA ITEM ~ TO: Mayor and Members ofthe Town Council FROM: Heidi Bigal!, Director of Administrative Services SUBJECT: Monthly Investment Summary - July 2004 MEETING DATE: September 15, 2004 REVIEWED BY: ~ TOWN OF TIBURON Institution/Agency Investment Amount Interest Rate Maturity State of California Local Agency $10,612,340.77 1,604% Liquid Investment Fund (LAIF) Total Invested: $10,612,340,77 TIBURON REDEVELOPMENT AGENCY Institution/Agency Investment Amount, Interest Rate Maturity State of California Local Agency $910,942.14 1.604% liquid Investment Fund (LAIF) Bank of America Other $0 Total Invested: $910,942,14 Notes to Table Information: State of California Local Agency Investment Fund (LAIF): The interest rate represents the effective yield for the month referenced above. The State of California generally distributes investment data reports in the third week following the month ended, Acknowledgment: This summary report accurately reflects all pooled investments of the Town of Tiburon and the Tiburon Redevelopment Agency, and is in conformity with State laws and the Investment POlicy adopted by the Town Council. The investment program herein summarized provides sufficient cash flow liquidity to meet next month's estimated expenditures, Heidi McVeigh cc: Town Treasurer ,pi Town of Tiburon STAFF REPORT AGENDA ITEM .3 .. .... ...... .. . .. . ....... .... . . .... .. ..... TO: FROM: Mayor and Members of the Town Council Pat Echols, Director of Public Works/ Town Engineer~ SUBJECT: Authorize Execution of Agreement with Kimley-Horn & Associates to Design Tiburon Boulevard/Reed Ranch Road Merge-Acceleration Lane MEETING DATE: September 15, 2004 i1- REVIEWED BY: .... . .... . .... ....... BACKGROUND & DISCUSSION Several years ago, the Town received a grant from the Metropolitan Transportation Commission (MTC) to conduct a traffic operation study of Tiburon Boulevard. Kimley- Horn & Associates (KHA) was the traffic engineering consultant utilized by MTC to conduct the study, which culminated in a final report dated June 14, 2001, Among the conceptual improvements identified by KHA is a merge-acceleration lane for motorists turning onto eastbound Tiburon Boulevard from Reed Ranch Road, This improvement is included the Town's current Capital Improvement Program (CIP), Based on review of the conceptual plan and related traffic operations between Reed Ranch Road and Trestle Glen Boulevard, staff solicited a proposal (Exhibit 1) from KHA to refine the concept plan in consultation with Caltrans and develop plans and specifications, KHA will also evaluate potential circulation improvements at the Trestle Glen Boulevard intersection. Capital funding for Trestle Glen intersection improvements are included in the Town's draft 205-06 CIP, KHA RECOMMENDATION It is recommended that the Town Council authorize the Town Manager to execute an agreement with KHA to develop plans for Reed Ranch Road merge-acceleration lane and related improvements on Tiburon Boulevard as outlined in their proposal. EXHIBIT 1. KHA proposal . . ."" 0,1 T'fI ",. _(~,.v':_. "..' . .'"", "..'" '. .'" ..-'. :"''''' ," O....i..jiA:\.,lV "'. , . 91612004 1 of 1 / .. . September 7, 2004 Mr. Pat Echols Director of Puhlic Works/'l'own Engineer Town ofTihllron 1505 Tiburon Boulevard Tiburon, CA 94920 RE: Proposal/or Traffic Enginuring Assistance for Review of Improvements on Tiburon Boulevard Oem Pat: Kimlcy-Horn and Associates, Inc. is pleased to submit the attached scope ofscrvices and fee estimate to assist the Town of Tiburon with review of traffic alternatives for improvements on Tiburon Boulevard. The services will include a preliminary study and meeting with Cahrans to determine potential improvements along the corridor. Attached is the scope of services, fee estimate, and schedule. If you have any questions, please do nol hcsitalt: to call me at (925) 543-0840. Very truly yours, KIMLEY-HORN AND ASSOCIATE:~.INC. <<Tran:;mitted via email>> Brian E. Sowers, P.E. Project Manager RCE#60296 Attachments: Seo(X:, Schedule. and Professional Fee E><.!.HBlT ":\ SCOPE OF SERVICES Kilnlcy-Hom and Associates, Inc. (KHA) will provide trallic engineering services for review oftranic alternatives for improvements on Tiburon Boulevard bclween Reed Ranch Road and Trestle Glen Boulevard in the Town of Tiburon. Initial improvements wiIJ be based on the Tiburon Boulevard rSR 131) Traffic Operations Study prepared hy KHA under MTCs Traffic Engincx;ring Technical Assistance Program Cl'ETAP), The following are the proposed tasks for the pf(~iect Task 1 - Meeting 1 with CaltralL" KHA will meet with the Town and Caltrans to discuss the improvement options as outlined in the origin.al Tiburon Boulevard (SR 131) Traffic Operations Study report. The goal of the meeting is to obtain feedback regarding the report options and to discuss other potential improvements. It is assumed that the Town stafTwill coordinate the set up of the meeting with Caltrans. Task 2 - Update Traffic Analysis Based on the initial meeting with the Town and Caltrans, KHA will update the Synchro signal timing and SimTraffic simulation model and conduct analysis of other potential improvement options. KHA will include any recent tramc volumes if available from the Town or Caltrans. If no current volumes are availablc. thc volumes from the TETAl> study will be used. As an Optional Task, KHA will collect new tuming movement and/or 24-hour tube COWlt volumes. T.sk 3 - Upd.to Concept Pl.... Based on the meeting and updated traffic analysis, KHA will pn.,-parc updatoo concept plans for proposed improvements. Up to two (2) concept plans will be developed. It is estimated that the first concept plan will include the merge acceleration lane at Reed Ranch Road. as illustrated in Figure 6 of the original study, and other modest improvements between Reed Ranch Road and Trestle Glen Boulevard. It is estimated that the second concept plan will consider morc significu.nt roodway improvements slIch as realignment ofBlackic~s Pasture Road to the Trestle Glen Boulevard intersection. Task 4 - Draft Memorandum KHA will summarize the traffic analysis, concept plans. and recommcndntions into a Draft Memorandum for review by the Town and Caltrnns. In addition. KHA will include estimatc..."S of probable cost of construction for the improvements. Tiburon Boulevard ImprovemCJlt~ Kimlcy-Hom & Allsociall.:s, Inc. I)copc of SCtViCe!I Pagc2 ;J Task 5 - Meeting 2 with Caltrans KHA will met..1 with the Town and Caltrans to present the traffic analysis, with traffie simulation. and the concept plans. KHA r'i11 coordinate the sel-up of the meeting. Task 6 - Final Memorandum Based on comments received at the second meeting with the Town and Caltrans. KHA will revise the trame analysis and concept plan and prepare a tinal memorandum. Task 7 - Town C?uncil Meeting KHA will assist the Town stan in preparing for and presenting the study results to the Town Council. Preparation may include assisting with development of figures and a trdfiic simulation. SCHEDULE KHA is prepared to begin work immediately upon receipt of the notice to 'proceed (NTP). and we will endeavor to meet your scheduling need.;;. Highlights of the proposed schedule for the project are a'l follows: Deliverable Meeting 1 with Caltrans Dran Memoradum Meeting 2 with Callrans Final Memorandum Time Estimated within 2 weeks from NTP 4 weeks after Meeting 1 with Caltrans 2 weeks after submittal of Dran Memo 2 weeks after Meeting 2 with Caltrans PROFESSIONAL FEE KHA will provide the services outlined in Ba"ic Scope of Services on a Time and Materials ba"is for a tee not to exceed $9,960. These fees include labor cost. direct expenses. nnd computer expenses incurred in performing these services. Other direct expenses, if any are necessary. will not be incurred without your authorization. As an Optional Service. KHA can collet..i new trame volume counts for fees as follows: . 4-hours ofTuming Movement Vo.1umc Data (AM and PM) ~ $425 per intersection 24.hour Tube Count Data (7 days) - $325 per location Services other than those sel f(Jrlh in the Scope of Services shall constitute t..'Xtra services. Extra services. such as attendance at meetings other than those included in the Scope of Services shall be performed only with your authorization. and for additional fees to be negotiated prior to authorization. The proposed fee is based on the assumptions that three (3) meetings will be required., including the Town Council meeting, no trafti.c count data win be collected. and the Town staff win coordinate the initial meeting with Caltrans. Fees will he invoiced monthly on a time and materials basis. Tiburon Boulcvanl Improvcmcnt~ Kimk:y-Hom & Associates, Inc Scope or Services Page 3 ". The following table outlines the estimated level of effort for lhc project: Level 01' Enor! Estimate T,nk PM Senior Analyst Orrical Tutal Jt:n..ineer Task I ~ Meetin~ I wilh Caltrllns " " TlIsk 2 - Update Traffic AnalYSIS 2 2 12 I 17 Task 3 - Update Concept Plans 2 4 12 '" Task 4 - Draft Memorandum 2 2 " 2 12 Task 5 - Mcc!.ing 2 wilh Caltrans " " Task 6 - Final Memorandum I I 4 2 , Task 7 - Town Council Meetill" " 2 H TlItallluan 2. 9 .l<i . 7. OillingKalc $150 $130 $100 $7' l.abor $3,750 $1,170 $3,600 S]l)O 58,910 Indirect Expenses at 6.]5% (lfl.;dl(lr(Mail, Mileage, Fax, Teterlllme,ele) $550 Direct Expenses (Computer, Hlueprinls, Exprc..-s.'i, de) $SOn Total $9,960 Tiburon Boulevard Improvements Kimlcy-Ilom & Associates, Inc. Scope of Services Page 4 Town ,of Tiburon STAFF REPORT 4 AGENDA ITEM . ..... ..... .......... ............ ... ..,.. TO: Mayor and Members of the Town Council Pat Echols, Director of Public Worksl Town Engineer ~ Award Contract for 2004 Capital Improvements Project- Drainage & Sidewalk Repairs FROM: SUBJECT: MEETING DATE: September 15, 2004 REVIEWED BY: ~ . . . .. .... ........... '.... ......... .... ... .... BACKGROUND On September 9, the Town opened bids for the 2004 Capital Improvements Project- Drainage & Sidewalk Repairs. The approved plans and specifications were prepared by Harris & Associates and. includes repairs on Spanish Trail, Taylor Road, Greenwood Court and Cove Road sidewalk, The Cove Road sidewalk extension was identified as a pedestrian safety improvement and included in the project, A portion of the new sidewalk is within the City of Belvedere and they have agreed to fund that. portion of the work, A total of three contractor bids were received. The low responsible bidder was Maggiora & Ghilotti in the amount of $94,948, The Town's CIP budget included $50,000 for drainage repairs. $60,000 was budgeted in last year's CIP for the Spanish Trail work, but staff elected to' combine it with this year's CIP project although the funding was not carried over into the current fiscal year. Accordingly, a budget amendment is required to fully fund the project (including 10% contingency), Upon award and execution of the project contract, staff anticipates that construction will commence in September and should be completed in late October. RECOMMENDATION It is recommended that the Town Council award the contract for the 2004 Capital Improvements Project - Drainage & Sidewalk Repairs to Maggiora & Ghilotti, Inc, in the amount of $94,948 and authorize a budget amendment of $45,000 to be funded from the General Fund Streets & Drainage Reserve. .~ " 0 f, T IIJ . ctj.. .' I?NiA ,,,,'- ". , . September 9, 2004 1011 < Town of Tiburon STAFF REPORT b AGENDA ITEM . . . .. . ..-'. . . . . . . . . . .. . ... . . . . . . . . . . . . . TO: Mayor and Town Councilmembers Pat Echols, Director of Public WorkslTown Engineer ~ FROM: SUBJECT: Adopt Resolution Amending Stormwater Runoff Impact Fee MEETING DATE: September 15, 2004 REVIEWED BY: L . . . . . . . . ~ . . . . . . . BACKGROUND & DISCUSSION On April 7, 2004, the Tiburon Town Council adopted Resolution 13-2004 establishing a stormwater runoff impact fee. A fee waiver was recently requested by a project applicant on the basis that their property abutted Richardson Bay and all stormwater runoff from the site discharges directly into the bay without entering the Town's storm drain system, The resolution establishing the fee did not provide for any fee waivers, Based on the applicant's request, it appears reasonable that an exception be allowed where stormwater runoff discharges directly into the bay. To accommodate such waivers, the resolution that established the fee must be amended by resolution, Staff has prepared a draft resolution (Exhibit 1). RECOMMENDATION It is recommended that the Town Council adopt the attached resolution which adds Paragraph 9 to the Stormwater Runoff Impact Fee adopted by Resolution 13-2004. EXHIBITS 1. Resolution Amending Stormwater Runoff Impact Fee a', . , .. , , September 9, 2004 1 of 2 ~...' '.... RESOLUTION NO. -2004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AMENDING THE STORMW ATER RUNOFF IMPACT FEE 1. Recitals: 1. On April 7, 2004, the Town Council ofthc Town of Tiburon adopted Resolution No, 13- 2004, thercby cstablishing a fce to recover thc impact of constmction projects on the Town's storm drain system, 2. The Council based the Stormwater Runoff Impact Fee on the findings set forth in Resolution No, ] 3-2004, which findings are incorporated hcrcin by referencc, 3, The Findings set forth in Rcsolution No, 13-2004 apply to thc ovcrwhelming majority of new constmction projects in the Town. However, the Town Engineer has concluded that in a small minority of constmction projects, the impervious surfaces created or cxpandcd will havc no impact on the Town's storm drain system becausc any increased TUnoffwill drain directly into thc bay. 4. The Town only imposes developmcnt fees wherc nccessary to recover the costs imposed by new development. Accordingly, the Town has decided to authorize the Town Enginecr to waive the Stonnwater Runoff Impact Fee, as set forth in this Resolution, for thosc construction projects where any incrcased runoffwill drain directly into thc bay and will not impact thc Town's storm drain system. 2. Adoption of Amendment to Stormwater RunoffImpact Fee The Town Council of the Town of Tiburon does hereby resolve that the following Paragraph 9 shall be added to the Stormwatcr Runoff Impact Fee adopted by Resolution No, 13- 2004: 9, Waiver. The Town Engineer shall have the authority to waive the Stormwaier Runoff Impact Fee where he determines that the constmction project will have no impact on the Town's storm drain system because any increased runoff created by the project will drain directly into the bay without passing through any Town drainage facilities, In the cvcnt that the Town Enginecr denies a project applicant's request for a waiver as provided herein, thc applicant may appcal said decision to the Town Council in writing within ten days from receiving noticc of the Town Engincer's decision, PASSED AND ADOPTED at a rcgularmeeting ofthc Town Council ofthc Town ofTiburon ....- on ,2004 by thc following votc: AYES: COUNClLMEMBERS: NOES: COUNClLMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR Town ofTiburon ATTEST: DIANE CRANE lACOPJ, TOWN CLERK Town of Tiburon STAFF REPORT AGENDA ITEM .!3 . , ." ~Of..T.llI.~". -l~~'1' 0 ,alif i\,:% =; ~~::I' ~~~~~~.I~~ .~,,~.... , . ~-, '.' ~, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . SUBJECT: MAYOR AND MEMBERS OF THE TOWN COUNCIL KEVIN BRYANT,ADVANCE PLANNE~ ~ ANNUAL GENERAL PLAN STATUS REPORT FOR FY 2003-2004 SEPTEMBER 15, 2004 'REVIEWED BY: <1:1- TO: FROM: MEETING DATE: . . ~ . . . . . . . . . . . . . . . . . . . . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND Government Code Section 65400(b) requires that an annual report be prepared by the planning agency of each town or city, which is then forwarded to the appropriate legislative body, on the status of the General Plan and progress in its implementation, In Tiburon, the "planning agency" . is the Planning Commission. The statute specifically requires a progress report on meeting the community's regional fair share housing allocations, The General Plan Guidelines, published by the Governor's Office of Planning & Research (OPR) in October 2003, states that "if the jurisdiction is in the process of a comprehensive general plan update, the progress report can be limited to a brief letter describing the scope of work and anticipated completion date.'" State law also requires that the annual report be forwarded to the State Department of Housing and Community Development (HCD) and to the Governor's Office of Planning & Research (OPR) in Sacramento each year. The Planning Commission reviewed the draft letter at their regular meeting on September 8, 2004, and has directed Staff to forward the letter to the Town Council RECOMMENDATION It is recommended that the Town Council review the draft letter, make any desired revisions, and direct Staff to send the letter to the State Department of Housing & Community Development and the Governor's Office of Planning & Research. ATTACHMENTS 1, Draft annual report for Fiscal Year 2003-2004 1 State of California Governor's Office of Planning & Research, General Plan Guidelines, October 2003, p. 172, ' ,,~. . '.. September 16, 2004 Governor's Office of Planning and Research State Clearinghouse and Planning Unit P,Q. Box 3044 Sacramento, CA 95812-3044 Department of Housing and Community Development Housing Policy Division 1800 Third St. P.O. Box 952053 Sacramento, CA 94252-2053 SUBJECT: ANNUAL GENERAL PLAN STATUS REPORT FOR FY 2003-2004 This letter is intended to satisfy the statutory requirements of Government Code Section 65400(b) concerning the status. and implementation of the Town of Tiburon General Plan. Because Tiburon is currently in the process of a comprehensive general plan update, the Town is submitting a letter describing the scope of work and anticipated completion date, as described in the current version of the General Plan Guidelines.' SCOPE OF GENERAL PLAN UPDATE The Town began a comprehensive update of the General Plan in the summer of 2002, with a public participation program designed to get early input from the community. The Community Development Department (COD) sent out newsletters to every postal customer in the Town and solicited feedback through a General Plan Update Survey, In addition, COD sponsored three General Plan Update workshops covering different topics, Nearly 500 survey responses were received by COD and 75 people attended the three workshops. Results of the Public Participation Program were published in a Public Participation Report, For the last two years, the Town has been in the Goal, Policy, and Program Refinement stage of the General Plan Update, COO Staff has produced a series of white papers, called Issues Papers, which have provided existing conditions, a review of feedback from the Public Participation Program, and a review of the Town's 1989 General Plan, The Issues Papers have provided recommended goal, policy, and program language which have been the subject EXHIBIT NO. [, ..., .": .~,;;, OPR & HCD September 16, 2004 Page 2 of 3 of a series of public meetings before the Planning Commission and Town Council. The review of the Noise and Safety Elernents this month concludes this stage of the General Plan Update. In a letter dated July 3, 2003, the State Department of Housing and Community Development informed the Town that once the Draft Housing Element is , adopted, "it will be in full compliance with State housing element law." Because changes in General Plan Land Use Designations and allowable densities are required to accommodate the Town's share of the regional housing need, the Town will adopt the Housing Elernent at the same time as the rest of the General Plan. As reported below, the Town continues to work on achieving its housing goals. Work on the Draft General Plan, Tiburon 2020, and the required Environmental Impact Report has begun, Adoption of the Town's updated General Plan is scheduled forMarch 2005. HOUSING GOALS During FY 2003-2004, eight new single-family homes were completed within the Town of Tiburon, and the Town estimates that three new homes were completed in unincorporated area within the Town's Planning Area. Each of these 11 new homes is market-rate. In addition, one second unit was completed during the fiscal year. Based on a rental survey conducted for the Housing Element, the Town considers second units as low income units. Following is a table which shows the Town's share of the regional housing need and the progress made through the end of FY 2003-2004. TOTAL VERY LOW LOW MODERATE ABOVE NUMBER INCOME INCOME INCOME MODERATE OF UNITS UNITS UNITS UNITS INCOME UNITS ABAG Regional 164 26 14 32 96 Need (1999-2006) New Units in Tiburon Planning 95 4 3 0 88 Area (1999- 2004) ..:-, ....~ OPR & HCD September 16, 2004 Page 3 of 3 The Town continues to meet with the owners of the properties identified in the Draft Housing Element as affordable housing opportunity sites to facilitate quality affordable housing projects, Should you have questions regarding the contents of this letter describing progress on the Town's General Plan Update or housing production, please contact Kevin Bryant, Advance Planner, at (415) 435-7385, or kbrvant@>ci.tiburon,ca.us, Sincerely, Alice Fredericks Mayor clr",-e~ ~ Town of Tiburon STAFF REPORT AGENDA ITEM ~. .., . .. . . ... ... . .. . .. . ... . . . . . . . . . . . .. . .. ... TO: Mayor and Town Councilmembers FROM: Pat Echols, Director of Public WorksfTown Engineer SUBJECT: Proposed Lyford Cove Utility Undergrounding Assessment . District MEETING DATE: September 15,2004 . . .,.' . . . . . . . . . . . . . . . . . .-. . . . . . REVIEWED BY: BACKGROUND AND DISCUSSION Since December 2002, Lyford Cove area residents (led by Liz Bird and Joan Lombardo) have pursued the undergrounding of overhead utilities in their. neighborhood. At that time, the proposed district included approximately 80 parcels. The council expressed support of their efforts and encouraged them to continue moving forward. Since that time, the proposed district has expanded to encompass over 225 properties, In May 2003, the project proponents submitted petitions and subscription deposits from over 60 percent of the properties within the proposed district and the Town Council adopted a resolution of intention to form the Lyford Cove Utility Undergrounding Assessment District. Since that time, the District Engineer (Harris & Associates) has coordinated with the utility companies in developing the scope and cost of the undergrounding work, The culmination of that effort is the Preliminary Engineer's Report (Exhibit 1), The report summarizes the estimated project costs and the rationale for assessing each property according to the special benefit that each property receives, Harris & Associates will present a summary of the report, An adVISOry meeting was held at Town Hall on September 1, 2004 to provide property owners within the proposed district an opportunity to preview the Preliminary Engineer's Report and ask questions of the district engineers, bond counsel, bond underwriter and Town staff, A second informational meeting is tentatively scheduled for October 6. The next step in the assessment process is for the Town Council to consider adopting a resolution (Exhibit 2) preliminarily approving the Engineer's Report and directing related actions, including setting the date for balloting, mailing ballots, recording the boundary map, etc, Notices and ballots will be mailed to all property owners at least 45 days prior to the public hearing and ballot tabulation, The proposed date for the public hearing and tabulation of ballots is November 17. If the ballot is approved by more than 50 percent, assessment notices will be sent to property owners and there will be a 30-day collection period that provides owners the, opportunity to pay the assessment in cash rather than participate in bond financing, After the cash collection period, the Town Council will adopt a resolution authorizing the issuance of bonds, During this time, the District Engineer will finalize the project . , ..~.....~,. fo' (./ ": ~..o> v,.. : ., "".c- ,-. .:.," .~ O"'/liIA \~(.' ~. September 15, 2004 1of2 t' .~., ,,~:::., \..~:~ \:~ "''':; . . ,\. . ,f.';lr.. .... , '\.;'f..1,"/;;'\1 "of" ;4; "'i.~:;''l \ ''';. ,I" ...... c. .... r> I,f. ...~.,' Town of Tiburon STAFF REPORT plans and specifications. Construction bids will likely be solicited in early 2005 with construction commencing in Spring 2005, RECOMMENDATION It is recommended that the Town Council take the following actions: a) Receive a presentation by project proponents and Dj~trict Engineer. ".. b) Receive public comment. c) Adopt a resolution preliminarily approving the Engineer's Report and directing related actions. EXHIBITS 1, Preliminary Engineer's Report 2, Resolution .. ., - September 15, 2004 2 of 2 . ~ Jones Hall a profesDiona! law cOrporation attorneys at law t.;h<.lr-hm f. ildllmn l:ltephen r. cil5illeqqio thmna5 n. downcy david t. fama ~c.ott r. ferqu60n andrt~w c. hall, jr. courtney 1. jonel:l willj"ufl j. k,ldi chri3topher k. lynch william h. madi~on stephen q. melikian david j. oster d6.vid 8.. walton julie II. wunderlich (;50 call[(lrllla rlt-l'''l.>t €lghtlolenth floor $au rICnn(,illc{), ell. 941D6 telephone 141~) :l91-~nO fflCflilllilc (4151391-5704 kcnncth i. ionn~, retired homcpilgc: hup://wwwjooeshall,com Thursday, September 2,2004 Diane Crane lacopi Town Clerk Town Of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 Via e-mail Re: Lyford Cove Underoroundino Assessment District Dear Diane: For the September 15 Council meeting, I enclose the Resolution of the Town Council of the Town of Tiburon Preliminarily Approving Engineer's Report and Directing Related Actions. This resolution gives tentative approval to the Engineer's Report for the Assessment District and sets the required public hearing and assessment bailot for November 17, 2004. The resolution provides for giving written notice .of the hearing and supplying the assessment bail.ot and related materials, I will separately provide the form of bailot. This resolution does n.ot require a publiC hearing fer adoption and may, if appropriate, be en the consent calendar. This resolution needs a simple majority for passage. - , Diane Crane lacopi Thursday, September 2,2004 Page 2 This resolution also orders the ,recording of the Boundary Map. To do that, obtain the recordable (Mylar) version from Joan Cox and: 1, Complete the Clerk's short filing certificate to show a date that is not later than September 15, 2004; 2. Complete the Clerk's long approval certificate to show September 15, 2004, and the number assigned to the above Resolution; and 3. Have the County Recorder complete the Recorder's certificate to show a date that is not later than September 30, 2004. When recording, please arrange to obtain at least two file-stamped copies of the Map and send me one copy for the transcript. Thank you again for your help. Very truly yours, Isl Stephen R. Casaleggio SRC:sgs Enclosures cc w/enc.: Ann Danforth, Esq., Town Attorney Heidi Bigall, Director of Administrative Services Mark Pressman, WULFF, HANSEN & CO. Joan Cox, HARRIS & ASSOCIATES .. ~ .... RESOLUTION NO. XX-2004 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON PRELIMINARILY APPROVING ENGINEER'S REPORT AND DIRECTING RELATED ACTIONS TOWN OF TIBURON Lyford Cove Underaroundino Assessment District RESOLVED, by the Town Council (the "Council") of the Town of Tiburon (the "Town"), County of Marin (the "County"), State of California, as follows: 1. Resolution of Intention. On May 21, 2003, this Council adopted its Resolution of Intention to Make Acquisitions and Improvements, (the "Resolution of Intention") under the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California, (the "Act") to initiate proceedings under the Act in and for the Town's Lyford Cove Undergrounding Assessment District (the "Assessment District"). 2. Engineer's Report. The Resolution of Intention referred the acquisitions and improvements described therein to the person designated therein as the Engineer of Work and directed the Engineer of Work to prepare and file with the Town Clerk a report (the "Engineer's Report") pursuant to the Act and containing information set forth in the Resolution of Intention, to which reference is hereby made for further particulars, 3. Engineer's Report Preliminarily Approved. The Engineer of Work has prepared and filed the Engineer's Report with the Town Clerk, and this Council with the aid of Town staff has reviewed the Engineer's Report, and hereby finds it to be sufficient for, and that it shall stand for purposes of subsequent proceedings for the Assessment District and the Engineer's Report is hereby preliminarily approved. 4. Public Hearing. Pursuant to the Act, this Council hereby orders that a public hearing be held before this Council, in the regular meeting place thereof, Town Hall Council Chambers, 1505 Tiburon Blvd., Tiburon, California, on Wednesd,ay, November 17, 2004, at the hour of 7:30 o'clock p.m., for the purposes of this Council's determination whether the public interest, convenience and necessity require the acquisitions and improvements, whether the properties in the Assessment District are specially benefited by the acquisitions and improvements, the tabulation of special assessment ballots and the determination of the existence of any majority protest and this Council's final action upon the Engineer's Report and the assessments therein, The public hearing may be continued from time to time as determined by the Council. 5. Notice. The Town Clerk is hereby authorized and directed to cause notice of the hearing ordered under Section 4 hereof to be given by mailing, postage prepaid, in the United States mail, and such notice shall be deemed to have been given when so deposited in such mail. The envelope or cover of the mailing shall include the name of the Town and the return address of the Town Clerk as the sender. The mailed notice shall be given to all owners of property proposed to be assessed within the Assessment District as shown in the Engineer's Report by such mailing by name to those persons whose names and addresses appear on the last equalized assessment roll of the County or the State Board of Equalization assessment roll, as the case may be. The notice herein provided shall be mailed not less than forty-five (45) days before the date of the public hearing ordered under Section 4 hereof. --, . The amount of the proposed assessment for each parcel shall be calculated and the record owner of each parcel shall be given written notice by mail of the proposed assessment, the total amount thereof chargeable to the entire Assessment District, the amount chargeable to the owner's particular parcel, the anticipated duration of payments for the assessment if bonded, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated, Each such mailed notice to owners shall contain a ballot which includes the property owner's name, identification of the parcel and support or opposition to the proposed assessment. Each notice shall include, in a conspicuous place, a summary of the procedures applicable to the completion, return and tabulation of ballots, including a disclosure that the existence of a majority protest (whereby ballots submitted in opposition exceed those submitted in favor ofthe assessment, with ballots weighed according to proportional financial obligation of the affected property) will result in the assessment not being imposed, Each mailed ballot shall include a sealable return envelope with the Town's address for receipt of the completed ballot. 6. Ballots, The Town Clerk is hereby designated as the impartial person, without a vested interest in the outcome of the assessment, responsible for the tabulation of the ballots, The Town Clerk shall maintain a separate and secure file for the safekeeping of the assessment ballots as they are received and pending tabulation. Ballots shall be received up to the. time of the closing of the public hearing, Ballots shall remain sealed until the close of the public hearing and the beginning of the tabulation, provided that ballots may be submitted, or changed, or withdrawn by the person submitting the ballot prior to the conclusion of the public hearing, During and after tabulation, the ballots shall be disclosable public records under Section 6252 of the California Government Code, 7. Boundary Map, The proposed boundaries of the proposed Assessment District are hereby described as shown on a map thereof on file in the office of the Town Clerk (the "Boundary Map"), which indicates by a boundary line the extent of the territory to, be included in the proposed Assessment District and which Boundary Map shall govern for all details for further purposes of the proceedings for the Assessment District and to which reference is hereby made for further particulars, The Town Clerk is hereby authorized and directed to endorse upon the original and at least one copy of the Boundary Map the date of the filing thereof and date and adoption of this resolution and to cause a copy of the Boundary Map to be filed with the County Recorder of the County within fifteen (15) days of the adoption of this resolution, but in no event later than fifteen (15) days before the date of the public hearing ordered under Section 4 hereof. The County Recorder shall endorse upon the Boundary Map the time and date of filing and shall fasten the same securely in a book of maps of assessment and community facilities districts which the County Recorder shall keep in his or her office, The County Recorder shall index the Boundary Map by the name of the Town and by the distinctive designation of the proposed Assessment District. 8. Effective, This resolution shall be effective upon its adoption by the Council. ************ - 2.. . A, K. STROTZ + ASSOCIATES ~ ~~~il'~;l[~ @ ~ SEP - 2 2004 U Architecture Planning Interior Design TOWN COUNCIL c/o Ms, Diane L Crane-Iacoby Town Clerk TOWN OF TIBURON 1S0S T1buron Blvd. TlBURON CA 94920 September 2, 2004 TOWI\lCL.l:;r\.I, TOWN OF TIBUROI\ Re: Lyford Cove Undergrounding of Utlltties Meeting 9/1/04 COUNCIL MEETING: September 1S, 2004 Council Members, Having promoted Undergrounding for the last S years and attended local and PUC meetings In the past, I have been a supporter of undergroundlng utilities from tts Inception. The following points are clarification to some misconception that tt is NOT as simple as promoted last night. The Idea for undergroundlng started because of the unsightliness of the overhead wires and the interference wtth our views. AESTHETICS: The Assessment Basis in last night's handout give this only 33% of the Beneftts. WHY? This being the most Important reason for doing the work. SAFETY: yes, there is a beneftt, but In the last 40 years I can NOT remember any tree falling on any power lines In our area, RELIABILITY: No, there is no greater reliability than at the current time, because we are still depending on the main feeder lines from downtown and Its underground transformers which are feeding our District. CASE In point: Hillhaven above us, now undergrounded, has more and longer black-outs than before. They stili depend on the feeders from other areas, It Is wrong to sell the Public on Safety and Reliability as being 60%+ of the reason for undergrounding, Of course it Is much easier for the planners to make tt all 'equal' but In actually tt is NOT SO. The AESTHETICS BENEFIT POINTS must be staggered in relationship to the actual BENEFITS. this was done in Belvedere and Mill Valley, and can be done here. Americans are for FAIRNESS and it is quite clear that the proposed point system Is not fair to many who have NO WIRES In their views whatsoever, Their, benefit points should be 'O.S' while others who have four major wires crossing their living room window should have '1.S' benefit points. We all have to participate, but fairly. UTILITY COMPANIES: The reason why we have telephone/power poles and wires along our streets is because PG&E has the 'right-of-way' to serve us with power and signals. They sell us their service and should participate in PAVING part of the undergrounding. it is part of the cost to do business and the rates we pay currently have this included.As a matter of fact PG&E has a program for this participation, Did you know that PG&E Is sublettino the 'right-of-way' to Comcast and SBC to use their poles for a given income\profit ? WE, the consumers have to pay these 'tenants' to redo thier wiring, why ? The rental income should be paying for this cost. We need to be some serious negotiating. PRIVATE CONVERSION COST: are obviously NOT included. The cost estimates given yesterday are for simple Installations such as open ground from street to house. Path and patio crossings are adding to the cost. Also not included are any AMP Increases which probably most older residences would like or need to have. ANNUAL ADMINISTRATIVE ASSESSMENT: Last night no discussion was heard about the annual recurring fee ($20,000) or about $100 for each parcel by the Town for its additional work. Another line item on you,r Tax Bill. TOWN COUNCIL ~ J A CORPORATION Sincerely , ' " /'I M b AlA August K [ U] ~ro 11}~1. cc, The ARK LA TEMAIL , :r. ~~~~f;,~Oi~ ~~9~O , '-L-l.x (415) 435.[920 MEETING DATE~1 (415) 435.3800 Preliminary Engineer's Report for Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Prepared under the provisions of the Municipal Improvement Act of 1913 For the Town of Tiburon Marin County, California Prepared by: . Harris & Associates September 7,2004 Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7, 2004 TABLE OF,CONTENTS Assessment .,.........,.............................,.............,........Pg. I Engineer's Cost Estimate.........................................Pg. 4 Method of Assessment Background ...........................................................Pg, 6 Special Benefit ......................................................Pg. 6 Methodology .........................................................Pg. 6 Assessment Apportionment ................................Pg. 10 Description oflmprovements ......:.........................Pg. 11 Assessment Diagram .........:....................................Pg, 12 Assessment Roll......................................................Pg. ]4 Names and Addresses of Owners ..........................Pg. 18 Plans and Specifications.........................................Pg. 22 Annual Administrative Assessment......................Pg. 22 Certificates ............,...................,.............................Pg. 23 Appendix Assessment Calculations o '\liburoo\Lylprd Cove\l( cpoqllvtord .ove prol cpl 7_.cp_(>4.do( == I Harris &. Associates Town of Tiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7, 2004 Page 1 ASSESSMENT WHEREAS, on May 21, 2003; the Town Council ofthe Town of Tiburon, County of Marin, State of California, under the Municipal Improvement Act of 1913 (the Act) adopted its Resolution of Intention No, 15-2003, The proceedings include financing for the acquisition and/or .construction of the public improvements more particularly therein described, in and for the Town's Lyford Cove Utility Undergrounding Assessment District No, 2004-01 (the "Assessment District"), . WHEREAS, said Resolution directed the lUldersigned to make and file a report presentmg: a) Maps and descriptions of the lands and casemcnts to.bc acquired ifany; b) Plans and specifications of the proposed improvements ifthc improvcmcnts arc not already installed, including the class and types of improvements for each zone of the Assessment District, if these zones exist; c) A general description ofthe works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances or property are to be acquired as part of thc improvemcnts; . d) An estimate of the cost of the improvements and thc cost oflands, rights-of-way, easements and incidcntal expenscs in connection with the improvements including any cost of registering bonds; e) A diagram showing, as they existed at the time of the passage of the Resolution of Intention, all of the following: 1. The exterior boundaries of the assessment district 2, 'The boundaries of any zone within the district 3: The lines and dimensions of each parcel ofland within the district with each subdivision gi ven a separate number upon the diagnun; f) A proposed assessment of the total amolUlt of thc cost and cxpcnsc ofthc proposed improvements .upon the subdivisions ofland in the district in proportion to the estimatcd bcncfits to be received by each subdivision respectively, The assessment shall refer to the subdivisions by their respective numbers; g) A proposed maximum annual assessment upon each of the subdivisions ofland in the district to pay costs incurred by the Town of Tiburon and not otherwise reimbursed which result from the administration and collection of assessments or from thc administration or rcgistration of any associated bonds and reserve or othcr related funds. I The particulars of which arc described in the Resolution, incorporated herein by refcrcncc; NOW, THEREFORE, the lUldersigned, by virtue of the power vested in me under said Act and the order of the Town Council of the Town of Tiburon hereby make the following assessment to cover the portion of the estimated cost of said acquisitions, work and improvements, and the costs and expenses incidental thereto which specifically benefit the Assessment District and .are to be paid by the Assessment District. The amolUlt to be paid for said acquisitions, work and improvements, and thc expenscs incidental thcrcto, is gcncrally as follows: . Q:\tiburon\Lyford Covc\Rcport\lyford cove prc1 rpl 7-scp-04.doc ' = I Harris & Associa~es Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7,2004 Page 2 SUMMARY COST ESTIMATE As Preliminarily As Confirmed As Modified Approved And Recorded After Recordation Estimated Cost of Construction: $3,119,250 Estimated Incidental Expenses: $757,750 Estimated Financing Costs: $363,000 Estimated Balance to Assessment: $4,260,000 I do hereby assess and apportion the Balance to Assessment of the Total Cost of said acquisitions, work and improvements upon the several lots, pieces or parcels or portions of lots or subdivisions of land specifically benefited thereby and liable therefore, severally and respectively, in accordance with the special benefits to be received by such subdivision, respectively, from the acquisitions and improvements, These pieces, parcels or portion of lots or subdivisions of land are hereinafter numbered to correspond with the numbers upon the attached Assessment Diagram, The portions of land and apportioned assessments are more particularly set forth in Tables I and 2, attached herein, and incorporated by reference, In addition, an annual assessment for costs incurred by the Town of Tiburon' and not otherwise reimbursed for administration and collection of assessment of bonds shall be levied in a maximum annual amount of $20,000 and subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the San Franeisco- Oakland-San Jose areas, Said annual administration amount shall be apportioned to each parcel in the Assessment District on an equal share basis. As required by said Act, an Assessment Diagram is hereto attached showing the Assessment District and also the boundaries and dimensions of the respective subdivisions ofland within said Assessment District as the same existed at the time of the passage of said Resolution, each of which subdivisions having been given a separate number upon said Diagram, Said assessment is made upon the several subdivisions ofland within said Assessment District in proportion to the estimated special benefits to be received by each of said subdivisions from said improvement. The dial,,'fam and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property, Each subdivision of land assessed is described in the Assessment Roll by reference to its parcel number as shown on the Assessor's Maps ofthe County of Marin for the Fiscal Year 2004-2005 and includes all of such parcels excepting those portions thereof within existing public roads or right of way to be acquired in these proceedings for public road purposes, For a more particular description of said property, reference is hereby made to the deeds and maps on file and of record in the office of the County Recorder of said County, Notice is hereby given that bonds will be issued in accordance with Division 10 of the Streets and Highways Code of the State of California (the "Improvement Bond Act of 1915"), to represent all unpaid assessments, which bonds sball be issued not to exceed the legal maximum ternl as authorized by law, thirty-nine (39) years from the 2nd day of September next succeeding twelve (12) months from their date, Said bonds shall bear interest at a rate not to exceed the current legal maximum rate of 12% per annum. Q:\tihufOn\Lyford Covc\Rcport\lyford cove prcl rp! 7-scr~04.doc II I Harris & Associates I , . Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7,2004 Page 3 Under the Resolution of Intention, the requirement of Division 4 of the California Streets and Highway Code shall be satisfied with Part 7.5 of said Division 4, for which the following is presented: I, The total amount, as near as can be determined, of the total principal amount of all unpaid special assessment and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than contemplated in the instant proceeding is: $31,900 2. The total amount of the principal sum of the special assessment (the "Balance of Assessment") proposed to levied in the instant proceedings is: ' $4,260,000 3. The total amount of the principal sum of unpaid special assessment levied against the parcels proposed to be assessed, as computed pursuant to paragraph I, above, plus the principal amount of the special assessment proposed to be levied in the instant proceedings from paragraph 2, above is: $4,291,900 4. The total true value, as near as may be determined, of the parcel ofland and improvements which are proposed to be assessed in the instant proceedings, as determined by the full cash value of the parcels as shown upon the last equalized assessment roll of the County of Marin is: $160,910,548 Dated: September 7, 2004 By: HARRIS & ASSOCIATES Joan E, Cox RCE 41965 Engineer of Work Michael K, Cooper RCE 29072 Engineer of Work Q:\tibuTOn\Lyford Covc\Rcport\lyford cove prel rpt 7-scp-04.doc == I. Harris & Assodates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7,2004 , Page 4 COST ESTIMATE Estimated Costs Preliminary Confirmed Modified CONSTRUCTION COSTS Subtotal Construction Costs (see detailed estimate) PG&E sse Comcast Contingency Total Construction Costs: $2,030,465 $556,933 $50,000 $123,000 $358,852 $3,119,250 INCIDENTAL EXPENSES Design Engineering and Asml Engineering Construction Management Town Administration Underwriter Bond Counsel Paying Agent Financial Printing, Registration and Servicing Filing Fees Incidental Contingencies Total Incidental Expenses: $265,770 $180,000 $110,000 $85,000 $60,000 $3,000 $16,000 $2,500 $35,480 $757,750 Total Construction and Incidental Expenses: $3,877,000 FINANCING COSTS Bond ReservefCredit Enhancement 5.00% $213,000 $170,000 $383,000 Fu"nded Interest @. 8 months @ 6.00% Total Financial Costs: TOTAL AMOUNT TO ASSESSMENT: $4,260,000 In addition, an annual assessment for costs incurred by the Town of Tiburon and not otherwise reimbursed for administration and collection of assessment of bonds shall be levied in a maximum annual amount of $20,000 and subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the San Francisco- Oakland-San Jose areas, Said annual administration anlOunt shall be apportioned to each parcel in the Assessment District on an equal share hasis, Q:\tihuron\Lyfonl Cl)v~\Rcporl\]yford GOVC prcl rpt 7-scr-04.tlm: == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7, 2004 Page 5 Detailed Estimate of Probable Construction Costs ITEM ESTIMATED UNIT TOTAL NO, DESCRIPTION UNIT QUANTITY PRICE PRICE 1 Trench istandard\' LF 12,500 $ 100,00 $ 1,250,000.00 2 Electrical E-2 Box EA 88 $ 400,00 $ 35,200,00 3 Electrical E-5 Box , EA 5 $ 4 000,00 $ 20,000,00 4 Electrical E-7 Box (for Subsurface Transformer) EA 3 $ 6000,00 $ 18 000,00 5 Electrical E-7 Box Pad ifor Pad Mounted Transformer\ EA - $ 1.000.00 $ - 6 Telephone Box (24x36) EA 26 $ 2 500,00 $ 65,000,00 7 Teleohone Box (30x60\ EA .11, $ 4,000.00 $ 44,000.00 8 . Teleohone Box (48x96\ EA ' 6 $ 6 000,00 $ 36,000,00 9 Cable Box B9 113"x9"x12"\ EA 15 $ 250,00 $ 3 750.00 10 Cable Box B36 (30"x17"x12") 'EA 65 $ 300,00 $ 19,500,00 11 Ceble Box B44 147"x25"x12"\ EA 5 $ 800,00 $ 4,000,00 12 Cable Box B4B 14B"x30"x12"\ EA 15 $ 800.00 $ 12000,00 13 Cable Box B48 10" Extensions EA 30 $ 200,00 $ 6,000.00 14 Cable Box B44 8" Extensions EA 10 $ 100,00 $ 1 000,00 15 Street Lioht Box EA 26 $ 1 000,00 $ 26 000,00 16 Decorative Street Lioht EA 45 $ 3,000.00 $ 135.000,00 17 Street Lioht SYStem Removal LS - $10,000,00 $ 10,000,00 18 ' 2" Conduit LF 47,120 $ 2,50 $ 117,800,00 19 3" Conduit LF 8055 $ 3,00 $ 24 165,00 20 4" Conduit LF 23,450 $ 4,00 $ 93,800,00 21 ' 6" Conduit , LF 100 $ 5,00 $ 500,00 22 Retainina Walls SF 1000 $ 30,00 $ 30,000.00 23 Traffic Control (5% \ LS - - $ 98.700,00 24 ' Mobilization (5%) , LS - - $ 98,700,00 25 AC Patch (8' width) TON 1125 $ 70,00 $ 78,750,00 SUBTOTAL ESTIMATED CONSTRUCTION COST: $ 2,030,465.00 ~ 1) Includes excavation, bedding, backfill, and compaction 2) Unit prices for all boxes (Items 2-12) to include excavation, bedding, and backfill compaction Q:\tihuron\Lyford Cove\Report\lyford cove pre] rpt 7~sep-04.doc. = I Harris & AssoCiates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7,2004 Page 6 METHOD OF ASSESSMENT BACKGROUND The Assessment District is formed under the authority of the Act and Article XlllD of the California State Constitution, which require that local agencies levy assessments according to special benefit. In addition, Article XIIID, Section 4, of the State Constitution requires that a parcel's assessment may not exceed the reasonable cost of the proportional special benefit conferred on that parcel. Section 4 provides that only special benefits are assessable and the local agency levying the assessment must separate the general benefits from the special benefits, It also requires that publicly owned property that benefits from the improvements be assessed, Neither the Act nor the State Constitution specifies the method or fonnula that should be used to apportion the costs to properties in any special assessment district proceedings, The responsibility for re.commending an apportionment of the costs to properties which specially benefit from the improvements rests with the Assessment Engineer, who is appointed for the purpose' of making an analysis of the facts and detennining the correct apportionment of the assessment obligation. Therefore, costs and expenses of proposed improvement(s) will be apportioned against the properties by a fonnula or method that distributes the cost.. in direct proportion to the estimated special benefits these parcels receive from the improvements, The approval of the assessments rests with the Town Council. The Council renders its decision after hearing testimony and evidence presented at a public hearing and tabulating the a"essment ballots, which are mailed to all record owners of property within the Assessment District. Only ballots delivered to the Town prior to the close of the public hearing are tabulated, The Council's findings must include whether or not the assessment spread has been made in direct proportion to the estimated special benefits received by each parcel. SPECIAL BENEFIT The purpose of this Assessment District is to provide the fmaneing to underground existing overhead electrical, telephone and cable facilities, These facilities are the direct source of service to the properties within the Assessment District. The proposed replacement of existing overhead utility facilities (power, telephone and cable facilities) with underground facilities will provide a special benefit to the parcels who will be served by the new distribution facilities as a result of enhanced service, reliability and capacity, as well as improved safety, All new wires and equipment will be in'stalled underground, which eliminates the threat of interrupted' service by downed power lines due to wind and rain, Removal of the existing wood poles and the overhead wires will also aesthetically enhance all parcels that are directly adjacent to these facilities, By virtue of such benefits, the proposed improvements will increase the desirability and will specifically enhance the values of the properties within the Assessment District. Therefo~e, 100% of the proposed improvements are of direct and special benefit to the properties within the boundaries oflhis Assessment District. All general benefits, if any, to the surrounding community and public in general from undergrounding of these local overhead utilities arc intangible and are not quantifiable, METHODOLOGY To establish the benefit to the individual parcels within the Assessment District, a Benefit Point system is used, Each parcel of1and is assigned Benefit Points (BP's) in proportion to the estimated special benefit Q:\tihuron\Lyford Covc\Rcport\lyfnrd COVt; prcl rpt 7-s(,-p-04.doc II I Harris & Associat~s Town of Tiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7, 2004 Page 9 . APN 059-203-04 appears to be adjacent to the poles and wires to be underground in Paradise Drive, but due to topography has no access or view to those poles and wires, In addition~ this property is connected to the previously underground facilities in Mar East Street. Therefore, this property is deemed to receive no benefit from the proposed improvements and is exempt from this assessment. Linda Vista Assessment District No. 1994-01. The parcels to the north ofthis portion of Linda Vista Avenue are the only properties within Assessment District No. 1994-02 which paid for the undergrounding to improve the view in the southerly direction, towards San Francisco Bay, . Half of the properties within the Linda Vista Assessment District receive their service to the north /Tom existing poles and overhead wires in Paradise Drive, The properties that arc connected to 'lines in Paradise Drive are considered to receive halfthe benefit for improved safety and no additional benefit from property aesthetics as they have already participated in an undergrounding assessment and are deemed to have paid for this benefit. They do, however, receive full benefits from improved service reliability, The APN's with this benefit are: 059-143-41 059-191-16 059-]9]-2] 059-]9]-22 . The properties that arc within Assessment District No. ] 994-02 and also connect into the underground Linda Vista Avenue lines are considered to receive half the benefit /Tom service reliability, as their small system is completely surrounded by and dependent on the larger overall system that is to be undergrounded, and half the benefit /Torn improved safety, and no additional benefit /Tom property aesthetics, as they have already participated in an undergrounding assessment and are deemed to have paid for this benefit. The APN's with this benefit are: 059-]43-39 059-143-40 059-19]-]9 059-191-20 . The parcels adjacent to this undergrounded portion of Linda Vista Avenue arc ten townhouses and two R-2 properties that receive their service connections from the previously undergrounded facilities but were not part of Assessment District No. ]994-02, There are existing poles and overhead wires to the south of these properties in Mar East Street. These properties are considered to receive half the benefit from service reliability, as their small system is completely dependent upon the larger overall system that is to be undergrounded, and half the benefit /Tom improved safety; however, they arc deemed to benefit from the improved property aesthetics from the proposed undergrounding project. The APN's with this benefit are: 059-110-01 059-110-02 059-143-21 059-110-03 059-11 0-04 059-]92-11 059-110-05 059-] 10-06 059-] 1O-0? 059-1 ]0-08 059-1 ] 0-09 059-1 10- 10 ASSESSMENT APPORTIONMENT Based on the findings above, it is our conclusion that the improvements specially benefit all developable properties in the Assessment District in proportion to the number of Benefit Points calculated for each property, such that: Safety Benefit Points + Reliability Benefit Points + Aesthetics Benefit Points = Total Benefit Points Q:\tiburon\Lyford Covc\Rcport\lyford cove prcl rpt 7-scp-04.doc II I Ha~ris'& Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7, 2004 Page 10 The following table provides an example of how the Benefit Points arc calculated, Sample Tvpical Benefit Point Calculation Table PotentialExisting Aesthetics Safety Reliability Total Existing Number Number Highest Benefit + Benefit + Benefit ; Benefit Zonina of Units of Units Us. Points Points Points Points RO-2 1 1 SFR 1 + 1 + 1.0 - 3,0 RO-2 2 1 2 DU 1 + 1 + 1.4 ; 3.4 R-1 1 1 SFR 1 + 1 + 1 ; 3,0 R-1 2 2 2 DU 1 + 1 + 1.4 ; 3.4 R-2 2 1 2 DU 1 + 1 + 1.4 - 3.4 R-2 2 2 2 DU 1 + 1 + 1.4 ; 3.4 R-2 1 2 2 DU 1 + 1 + ' 1.4 ; 3.4 R-2 1 1 SFR 1 + 1 + 1 ; 3 R-2 2 3 3DU 1 + 1 + 2.1. - 4.1 R-2 2 4 4 DU 1 + 1 + 2,8 ; 4,8 R-2 1 1 Condo 1 + 1 + 0.7 ; 2,7 RMP 1 1 Condo 1 + 1 + 0,7 ; 2,7 NC .09 acres COM 1 + 1 + 0,81 ; 2.81 Zonlno Codes' Hlahest Use Codes' RO-2 - Residential Open with 1 Unit Per Parcel SFR = Single Family Home R-1 - Single Family Residential with 1 Unit Per Parcel 2 DU ;;; 2 Dwelling Units RO-2 & R-1 (with a lot larger than 10,000 SF) with 2 Unit potel3 DU = 3 Dwelling Units R-2 - Two Family Residential with 2 Un!t potential 4 DU ;;; 4 Dwelling Units R-2 (with a lot smaller than 7,500 SF) only 1 Unit potential Condo;;; 1 Dwelling Unit (already subdivided R-2 lot) RMP . Townhome/Residential Multiple Planned COM = Commercial Use NC - Neighborhood Commercial Complete calculations for each assessment, providing the Benefit Points, the construction portion of the assessment and incidental and [maneial components of the a"essment are included in the Appendix, Q:\lihuron\Lyford Covc\Rl,'Port\lyronl wvc pre! rp1 7.scp.04.do(': II I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7! 2004 Page 11 DESCRIPTION OF IMPROVEMENTS The following provides a description of the improvements proposed to bc constructed, installed or acquired under the provisions of the Act. Within the County of Marin, State of California, located in the southerly part oftheTown ofTiburon called Lyford Cove, the construction of the following public improvements, inclu,ding all planning, design, construction administration and general administration services, the acquisition of all necessary rights of way, the acquisition of licenses, franchises and permits and the construction of all auxiliary work ncccssary and/or convenient to the accomplishment thereof, in accordance with the plans and specifications to bc approvcd by thc County of Marin and the Town of Tiburon, Public improvemcnt construction may be phased as necessary and convcnient for thc Town ofTiburon and thc County of Marin. Phasing will be undertaken in a manner that results in a complete and functional portion of each system described below, The following improvements are proposed to be constructed and installed in the general location referred to as Lyford Cove Utility Undergrounding Assessment District No, 2004-01. . 1, Removal of cxisting overhead power, telephone and cable wires and poles, 2. Rcmoval of overhcad resident service drops. 3, Construction of mainline underground power, telephone and cable conduit, with appurtenant manholes and pullboxes, 4, Construction of service conduit and appurtenances to property line. 5. Installation of new conductor within said conduit and underground structures by the utility companies. The improvements wit! be designed by PG&E, SBC Communications and Comc'ast. Thc Town of Tiburon will inspect the work to cnsure conformance to Town and County standards and specifications where applicable, Note: The foregoing improvements do not include any individual service connections on private properties, Each owner of property located within the Assessment District willbe responsiblc for arranging for and paying for work on his or her property necessary to connect facilities constructed by the public utilities in thc public streets and alleys to the points of connection on thc private property. Q:\tiburon\Lyford Cove\Report\lyford cove prc\'rp' 7-scp-04.doc 11'1 Har~5 & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7,2004 Page 12 ASSESSMENT DIAGRAM A rcduccd copy of thc Asscssment Diagram is attached hereto. Full-sized copies of the Boundary Map and Assessment Diagram are on file in the Office ofthe Town Clerk of the Town of Tiburon, As required by the Act, the Assessment Diagram shows the exterior boundaries of the Assessment District and the assessment number assif,,'11ed to cacb parcel of land corresponding to its number as it appears in the Assessment Roll contained in Table I herein, Reference is hereby made to thc Asscssor's Parcel Maps of the County of Marin for the boundarics and dimensions of each parcel of land, Q:\tihurim\Lyfonl Co\'c\Rcport\lyford cove pre] rpt 7-scr-04.doc == I Harris & Associates ' Town ofTiburon Lyford Cove Uti!' Prelimina E ,Ily Undergroundin ry ngmeer's Report 9 Assessment Dist . net No. 2004-01 J Q:\tiburon\Lyford . Covc\Rcport\1 yford cove rel . P JTIt 7-sep-04 d . 00 LEGEND: '~ _ ...i - September 7, 2004 Page 13 ASSESSUE BOUNDARY NT DISTRICT PARCEL LINE TOWN LIMITS ASSESSMENT NO. GRAPHIC SCALE T '1' '1' (IHrEtT) l11wh.. 160 N.. @J HI' H Harris & Asso ' . oates Town ofTiburon September 7,2004 Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Preliminary Engineer's Report Page 15 Assessor's Total Assessments as Assessments as Assessments as Value Asmt Parcel Assessed existing Preliminarily Conflnned and Modified after to Lien No, Number Value Liens Approved Recorded Recordation Ratio 61 059-142-18 $79,102 $0 $16,482,05 4,8 .62 059-142-13 $2,114,340 $0 $20,755,18 101,9 63 059-142-02 $58,620 $0 $20,755.18 2,8 64 059-142-19 $973,651 $0 $16,482.05 59,1 65 059-142-14 $292,425 $0 $16,482,05 17,7 66 059-142-1S $89,855 $0 $16,482,05 5.5 67 059-142-16 $2,119,639 $0 $18,313,40 115,7 68 059.142-17 $963,946 . $0 $18,313,40 52.6 69 059-142.07 $88,784 $0 $18,313,40 4,8 70 059-201.08 $821,451 $0 $18,313,40 44,9 71 059-201-37 $366,395 $0 $18,313,40 20,0 72 059-201-42 $851,146 $0 $18,313,40 46,5 73 059-201-66 $957,148 $0 $20,755,18 46,1 74 059-201-11 $670,625 $0 $18,313,40 36,6 75 059-201-32 $1,172,489 $0 $20,755,18 56,5 76 059-201-33 $105,169 $0 . $20,755,18 5,1 77 059-201-39 $172,293 $0 $201755.18 8,3 78 059-201-62 $859,452 $0 $20,755,18 41.4 79 059-201-70 $263,508 ' $0 $20,755,18 12,7 80 059-201-43 $979,804 $0 $20,755,18 47,2 81 059-201-05 $170,181 $0 $20,755,18 8,2 82 059-201-34 $761,878 $0 $20,755,18 36,7 83 059-201 -35 $692,388 $0 $20,755,18 33.4 84 059-201-02 $914,503 $0 $20.755,18 44,1 85 059-201-01 $129,266 $0 $20,755,18 6,2 86 059-201-51 $767,129 $0 $20,755,18 37,0 87 059-201-50 $144,474 $0 $18,313,40 7.9 88 059-201-49 $120,711 $0 $20,755,18 5.8 89 059-201-52 $109,118 $0 $20,755,18 5.3 90 059-201-53 $466,874 $0 $18,313.40 25,5 91 059-201-48 $157,762 $0 $20,755,18 7.6 92 059'201-47 $904,104 $0 . $18.313.40 .49:4 93 059-201-54 $338,001 $0 $20.755,18 16,3 94 059-201-56 $147,851 $0 $20,755,18 7,1 95 059-201-55 $131,896 $0 $20,755,18 .6.4 96 OS9-201-64 $666,733 $0 $20,755,18 32,1 97 059-201-59 $1,099,627 $0 $16,482,05 66,7 98 059-201-60 $1,139,305 $0 $16,482,05 69,1 99 059-201-67 $1,242,436 $0 $20,755,18 59,9 100 059-134-09 $1,002,837 $0 $18,313,40 54.8 101 059-134-02 $1 ,450,000 $0 $18,313,40 79,2 102 059.134-07 $1,273,337 $0 $20,755,18 61.4 103 059-134-03 $267,140 $0 $18,313,40 14,6 104 059-134-04 $135,778 $0 $20,755,18 6,5 105 059-134-05 $438,594 $0 $18,313,40 23,9 106 059-134-06 $162,478 $0 $18,313.40 8,9 107 059-143-37 $735,044 $0 $20,755,18 35,4 108 059-143-36 $744,752 $0 $20.755,18 35,9 109 059-143-35 $1,249,766 $0 $20,755,18 60,2 110 059-143-12 $386,931 $0 $18,313,40 21,1 111 059-143-27 $129,309 $0 $20,755,18 6,2 112 059-143-29 $1,165,802 $0 $20,755,18 56.2 113 059-143-24 $401,352 $0 $20,755.18 19.3 114 059-143-28 $1,227,970 $0 $20,755,18 59,2 115 059-143.20 $755,238 $0 $20,755.18 36.4 116 059-143.16 $1,098,969 $0 $20,755,18 52,9 117 059-143-16 $644,295 $0 $20,755,18 31,0 118 059-143-21 $1 ,545,523 $0 $13,429,82 115.1 119 059- 1 43-38 $486,255 $0 $16,482,05 29,5 120 059-143-39 $1.334,776 $1,018,19 $5,188,79 257,0 Q:\tiburon\Lyford Covc\Rcport\lyford cove prcl rpt 7-scp-04.doc II I Harris & Assodates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7,2004 Page 16 Asmt No. 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141' 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 , 170 171 172 173 174 175 176 177 178 179 180 Assessor's Parcel Number 059-143-41 059-143-40 059-191-16 059-191-19 059-191-20 059-191-22 059-191-21 059.191-02 059-191.03 059-191-04 059-191-05 059-191-06 059-191-14 059-191-15 059-191-12 059-191-11 059-191-10 059.192-15 059-110-10 059-110-09 059-110-08 059-110-07 059-110-06 059-110-05 059-110-04 059-110-03 059.110-02 059-110-01 059.192-18 059-192-11 059-192-12 059.192-06 059-193-21 059-193-23 059-193-24 059-193-25 059-193-26 059.193-28 059- 1 93-29 059-193-20 059-193-19 059-193-27 059-172-46 059-172-44 059-172-05 059-172-43 059-340-02 , 059-340-01 059-172-42 059-172-41 059-172-40 059-172-36 059.181-72 059-181-78 059-181-77 059-181-85 059-181-64 059-181-89 059-181-88 059-181-09 Total Assessed Value $1,249,085 $299,214 $350,854 $1,049,221 $789,166 $667,695 $809,753 , $160,712 $926,941 $1,060,125 $673,380 $703:930 $452,898 $1,220,872 $586,259 $621,644 $316,106 $373,256 $170,604 $572,749 $405,321 $642,624 $167,287 $929,940 $505,415 $392,164 $733,792 $468,229 $389,976 $177,996 $1,030,654 $864,754 $1,185,316 $596,856 $568,594 $549,215 $192,670 $110,830 $218,803 $964,928 $217,257 $1,007,474 $1,190,433 $1,132,758 $317,150 $2,218,312 $1,608,005 $1.448,170 $266,801 $1,053,869 $491,976 $406,226 $406,226 $438,088 $282,062 $76,723 $147,407 $518,103 $478,172 $258,864 Assessments as Existing Preliminarily Liens Approved $6,045,46 $9,156,69 $0 $7,325,35 $6,045,46 $15,871,60 $6,263,65 $5,188,79 $6,263,65 $5,188.79 $0 $7,325.35 $6,263,65 $7,325,35 $0 $20,755,18 $0 $20.755,18 $0 $20,755,18 $0 $20,755.18 $0 $20,755,18 $0 $20,755,18 $0 $20,755,18 $0 $20,755,18 $0 $20,755,18 $0 $20,755.18 $0 $20,755,18 $0 $11,293,25 $0 $11,293,25 $0 $11,293,25 $0 $11,293,25 $0 $11,293,25 $0 $11.293.25 $0 $11.293,25 $0 $11,293,25 ~$1!,293,25 $0 $11,293.25 $0 $25,028,30 $0 $13,429.82 $0 $20,755,18 $0 $20,755.18 $0 $20,755,18 $0 $16,482,05 $0 $16,482,05 $0 $16,482,05 $0 $16,482.05 $0 $16,482,05 $0 $16,482,05 $0 $20,755,18 $0 $20,755.18 $0 $20,755.18 $0 $14,650,71 $0 $29,301,10 $0 $18,313,40 $0 $18,313,40 $0 $16,482.05 $0 $16,482,05 $0 $18,313.40 $0 $20,755.18 $0 $20,755,18 $0 $25,028.30 $0 $25,028,30 $0 $16,482,05 $0 $16.482.05 $0 $18,313,40 $0 $25,028,30 $0-$29,301,12 $0 $20,755,18 $0 $25,028,30 Assessments as . Confirmed and Recorded Assessments as Modified after Recordation Value to Lien Ratio 135,8 40,8 21,7 201,0 150,9 91.1 109,7 7.7 44.7 51,1 32.4 33:9 21,8 58,8 ~ 30,0 15,2 18,0 15.1 50,7 35,9 56,9 14,8 82,3 44,8 34,7 65.0 41.5 15.6 13.3 49.7 41,7 57.1 36,2 34,5 33,3 11.7 6.7 13.3 46.5 10,5 48,5 81.3 38,7 17,3 121,1 97,6 87,9 14,6 50.8 23.7 16.2 16.2 26.6 17,1 4.2 5,9 17.7 23.0 10.3 Q:\tihuTOn\Lyford Covc\Rcport\lyford cove pre! rpI7-scp-04.doc , == I Harns & Associates Town ofTiburon September 7, 2004 Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Preliminary Engineer's Report Page 17 Assessor's Total Assessments as Assessments as Assessments as Value Asml Parcel Assessed Existing Preliminarily Conflnned and Modified after toUen No. Number Value Uens Approved Recorded Recordation Ratio 181 059-181-86 $193,333 $0 $20,755,18 9,3 182 059-181-80 . $995,065 $0 $20,755,18 47,9 183 OS9-181-12 $1,320,229 $0 $20,755,18 63,6 184 059-181-90 $1 ,553,364 $0 $20,755,18 74.8 185 059-181-87 $519,454 $0 $18,313,40 28.4 186 059-181-91 $972,529 $0 $20,755,18 46,9 187 059-181-16 $421,250 $0 $20,755.18 20,3 188 059-181-18 $1,115,284 $0 $20,755,18 53,7 189 OS9-181-81 $1,885,325 $0 $18,313,40 102,9 190 OS9-181.83 $1,839.425 $0 $18,313,40 100.4 191 059-181-73 $1,236,341 $0 $18,313,40 67,5 192 059-181-74 $248,291 $0 $18,313,40 13,6 193 059-181-75 $641,229 $0 $20,755,18 30,9 194 059-181-76 $818,662 $0 $18,313,40 44,7 195 059-400-01 $21 1 ,608 $0 $20,755,18 10.2 196 059-400-09 $1 ,860,058 $0 $18,313,40 101,6 197 059-400-10 $1,500,624 $0 $20,755,18 72,3 198 059-400-04 $925,770 $0 $18,313,40 50,6 199 059-194-71 $195,271 $0 $18,313,40 10.7 200 059-194-88 $286,059 $0 $20,755,18 13,8 201 059-194-89 $334.482 $0 $20,755,18 16,1 , 202 059-194-84 $153,878 $0 $18,313,40 8,4 203 059-194-68 $139,227 $0 $18,313.40 7,6 204 059-194-69 $325,869 $0 $18,313,40 17,8 205 059-194-83 $1.496,740 $0 $18,313,40 81,7 205 059-194-93 $1.736,531 $0 $20,755,18 83,7 207 059-194-96 $2,123,926 $0 $16.482,05 128,9 208 059-194-97 $145,816 $0 $16,482,05 8,8 209 059-194-81 $322,435 $0 $20,755,18 15,5 210 059-194-72 $778,939 $0 $16.482,05 47,3 211 059-194-73 $224,486 $0 . $16,482,05 13,6 212 059-194-78 $112,485 $0 $20,755.18 5.4 213 059-194-38 $66,092 $0 $20,755,18 3,2 214 059-194-74 $1.434,515 $0 $20,755,18 69,1 215 059-194-40 $854,530 $0 $20,755,18 41,2 216 059-194-61 $827,082 $0 $20,755,18 39,8 217 059-194-62 $105,902 $0 $20,755.18 5,1 218 059-204-01 $1,026,958 $0 $20,755,18 49,5 219 059-204-02 $2,078,080 $0 $20,755,18 100.1 220 OS9-203- 12 $150,003 $0 $20,755,18 7,2 221 OS9-203-28 $3,055,009 $0 $20,755,18 147,2 222 059-203-23 $1,325,826 $0 $20,755,18 63,9 223 059-203-18 $550,000 $0 $20,755,18 26,5 224 059.203-19 $215,451 $0 $20,755,18 10.4 225 059-203-21 $366.415' $0 $11,598,48 31,6 227 059-203-03 $626,948 $0 $9,156,69 68,5 228 059-203-26 $630,218 $0 $11,598,48 54,3 $160,910,548 $31,900 $4,260.000,00 37,8 I Q:\tiburon\Lyford Covc\R!"'port\lyfoTll cbvc prcl rpl 7~sep..(J4.doc = I Harris & Associates .1 . Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No, 2004-01 Preliminary Engineer's Report September 7,2004 Page 18 NAMES AND ADDRESSES OF PROPERTY OWNERS The following Table 2 contains the names and addresses of property owners within this district: Asml APN No, Owner Name Mailing Addreas , 069_132_09 MAVROMIHALlS STEVEN G &. VICKIE K 2:>'0 r.lIVISO ST BELVEDERE-TIIJURON CA 949:;>0 2 059-132-30 REIMER RANDALL L &. VAZ GERADETTE M 2051 CENTRO EAST ST Dt:LVEDF.RE-TIBURON CA 94920 3 059-132-28 FAIRCHILD SALLIE P TR 2077 CENTRO EAST ST T1BURON CA 94920 4 059-132-22 HEERMANN GERALD W TR 249 RIVIERA DR SAN RAFAEL CA 94901 , 059-132-21 MULLER ,)AN TR,\ FLEMMING JANIS Tf{ 1554 PAOLI PIKE #310 WEsrC:HE5TER PA 19380 , 059.14\.20 MOODY TOO C TR &. CARRICO lUelLI:; A TR 2111 CENTRO EAST ST BELVEOERE-T18URON GA 94920 7 059-141-27 ROGERS MARY E TR & TR 2145 CENTRO EAST ST TIBURON CA 94920 8 059-141.26 PETRI FAR1DEH 41 REED RANCH RD TIBURON CA 94920 9 059-141-31 KEITH TERRI 2175 E CENTRO TIBURON CA 94920 10 059-141-32 LAUMAN RICHARD H JR & NEWTON DEBORAH 2177 CENTRO EAST ST TIBURON CA 94920 11 059-141-17 o CONNOR JAMES H TR 2195 E CENTRO TIBURON CA 94920 12 059.-141-16 MURATA MASAHIBO & YASUKO 156 BAY VIEW AVE TIBURON CA 94920 13 059-141-15 HAYES TIMOTHY D UE 22172219 CENTRO EAST ST TIBURON CA 94920 14 059.-141-33 BROEK ONNE 2223 CENTRO EAST ST TIBURON CA 94920 15 059-141-34 WEAR STEVEN M 2227 CENTRO EAST ST TIBURON CA 94920 16 059.-141-13 VEITH HANS YON VALENTINI 2235 CENTRO EAST ST TIBURON CA 94920 17 059-141~12 NEVERS MARGERY L TR 2308 E MAR TIBURON CA 94920 18 059-141~28 HENRIKSEN LYNN C TR 2290 SPANISH TRAIL RD TIBURON CA 94949 19 059-141-30 STOTTER LAWRENCE H TR & RUTH TR 2244 VISTAZO EAST ST BELVEDERE-TIBURON CA 94920 20 059-141-09 MILLER ROBERT G & CHRISTINE E 2236 VIST AZO EAST ST TIBURON CA 94920 21 059-091-16 CHAPMAN JAMES J TR 2255 VIST AZO EAST S1 TIBURON CA 94920 22 059-091-23 FORELL CAROL E TR & TR 2299 SPANISH TRAIL RD BELVEDERE-TIBURON CA 94920 23 059-091-48 STAFFORD RONALD T 17695 JOHN TELFER DR MORGAN HILL CA 95037 24 059.091-50 BERTRAND PATRICIA R PO BOX 133 TIBURON CA 94920 25 059-091-49 BERTRAND PATRICIA R PO BOX 133 TIBURON CA 94920 26 059.-091-51 GREEN B TOM 2349 SPANISH TRAIL RD TIBURON CA 94920 27 059-091-30 DREW W LAWRENCE TR & ANNE S TR 2345 SPANISH TRl TIBURON CA 94920 28 059-091-32 DAGLEY ROBERT F & PAMELA J 2375 SPANISH TRAIL RD TIBURON CA 94920 29 059-122-46 MUSSEY JOHN M 2000 E CENTRO TIBURON CA 94920 30 059-122-19 MC RORY EINA K TR 3 TOWER POINT LN TIBURON CA 94920 31 059.-122-27 GLEASON JOHN B TR & ELISABETH G TR 5 TOWER POINT LN BELVEDERE-TIBURON CA 94920 32 059-122-30 KAWAMOTO CASEY A 2040 E CENTRO BELVEDERE-TIBURON CA 94920 33 059-122-21 HANSEN GARY V & FANI 0 2050 E CENTRO TIBURON CA 94920 34 059-133-14 YOUNG THOMAS C TR & MARY A TR 2060 CENTRO EAST S1 BELVEDERE-TIBURON CA 94920 35 059-133-15 STROTZ AUGUST K TR & MARIANNE TR 2070 CENTRO EAST ST .TIBURON CA 94920 36 059-133-23 LANG LAWRENCE H TR & LACY A TR 2090 CENTRO EAST ST TIBURON CA 94920 37 059-133-22 LUNDGREN H DAVID 2100 E CENTRO TIBURON CA 94920 38 059-133-19 WITTENBERG MALCOM B & BONNIE L 5 EDGEWATER RO BELVEDERE-TIBURON CA 94920 39 059-133-16 ALBRIGHT EDWARD E TR & RUTH A TR 2122 E CENTRO TIBURON CA 94920 40 059-133-05 DIETRICH DEAN J 2140 CENTRO EAST ST TIBURON CA 94920 41 059-133-20 SINGERMAN WILLIAM 0 TR 11 ROSEVILLE CT TIBURON CA 94920 42 059-133--24 LYNCH LESLIE 0 & DIANE L D 171 SOLANO ST BELVEDERE-TIBURON CA 94920 43 059-122~17 MASSON MATIHEW P TR & ROBERTA M G TR 1 RESERVA LN TIBURON CA 94920 44 059-122-40 PLACAK ROBERT C TR 10 TOWER POINT LN TIBURON CA 94920 45 059.122-47 MUSSEY JOHN M & TERESA L 2000 CENTRO EASE T1BURON CA 94920 46 059-122-46 ELBERG HAROLD S TR & MARGO TR #1 TOWER POINT LN TIBURON CA 94920 47 059-122-22 OUTTEN WARREN B TR 9 TOWER POINT LN TIBURON CA 94920 48 059-350-04 MATOUSEK ROBERT L ET AL 2079 B PARADISE DR TIBURON CA 94920 49 059-350-03 MILLER WILLIAM E & KAREN K 2079 A PARADISE DR TIBURON CA 94920 50 059-350-02 VORA KIRIT & GITA 1777 BLUE HERON CT BLOOMFIELD HILLS MI 48302 51 059-350-01 WINNERS DONALD L 2081 A PARADISE DR TIBURON CA 94920 52 059-133-13 GlAVES KRISTINA L 2125 PARADiSe; DR TIBURON CA 94920 53 059-133-12 JONES RICHARD P 2129 PARADISE DR TIBURON CA 94920 54 059-133-11 ABU HALAWA MUSTAFA J 319 JOHNSON ST SAUSALITO CA 94965 55 059.133--18 STROMBERG ELISABETH B 2145 PARADISE DR TIBURON CA 94920 56 059-133~17 TOE PEL MICHAEL A & TERESA 2155 PARADISE DR TIBURON CA 94920 57 059-13J..09 LOMBARDO MAURICE & JOAN 2165 PARADISE DR TIBURON CA 94920 58 059-133~08 HOLSCHER DAVID J & PHOEBE A N 2195 PARADISE DR TIBURON CA 94920 59 059-142-10 GREEN ANN C 180 SOLANO 3T TIBURON CA 94920 60 059-142-11 BAILEY BARRY & LEILA 172 SOLANO $T TIBURON CA 94920 61 059-142-18 MAY MARGARET C 160 SOLANO $T TIBURON CA 94920 62 059-142-13 BIRD BRAD TR & ELIZABETH TR 2205 PARADISE DR BELVEDERE~TIBURON CA 94920 63 059-142-02 EISELlN ROLF TR SWITZERLAND SWITZERLAND 0 64 059-142-19 DAVIS DOLORES 162 SOLANO 8T TIBURON CA 94920 O:\tihuron\Lyford Covc\Rcport\lyford cove pre! rpl 7-scJ1~04.d()e == I Harris & Asso:iates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7, 2004 Page 19 Asmt APN Owner Name Mailing Address No. 65 059-142-14 ELSBERG ROBERT S TR & CYNTHIA C TR 2250 CENTRO EAST ST TIBURON CA 94920 66 059-142-15 ELSBERG ROBERT S TR & CYNTHIA C TR 2250 CENTRO EAST ST TIBURON CA 94920 67 059.142.16 COOKE PHILIP K TR & JULIE 0 TR 2260 CENTRO EAST ST TIBURON CA 94920 68 059-142-17 GAFFNEY GAIL E & JOYCE MARK S 2265 PARADISE DR BELVEDERE-TIBURON CA 94920 69 059-142-07 EVJE WENDY W 2277 PARADISE DR TIBURON CA 94920 70 059-201-08 WHITCRAFT JAMES S TR & PATRICIA N TR 608 SUMMER MESA DR LAS VEGAS NY 89144 71 059-201-37 BASS SHARON S 2300 SPANISH TRl BELVEDERE-TIBURON CA 94920 72 059-201-42 GEHRMANN ROBERTA A TR 2304 SPANISH TRAIL RD TIBURON CA 94920 73 059-201-66 BERNAL JEROME J TR 2310 SPANISH TRAIL RO TIBURON CA 94920 74 059-201-11 BROWN SHELLEY N fTRJ 2300 VISTA DEL MAR LN TIBURON CA 94920 75 059-201.32 NORRIS WILLIAM & JOY 2312 SPANISH TRAIL RD TIBURON CA 94920 76 059-201.33 WHITTINGHAM KIRKE D TR 2356 SPANISH TRAil RO BELVEDERE~TIBURON CA 94920 77 059-201-39 DE MARTINI ANN l TR & TR 2323 VISTA DEL MAR LN BELVEDERE~TIBURON CA 94920 78 059-201--62 BRADLEY STEPHEN & KATHLEEN 2380 SPANISH TRAIL RD TIBURON CA 94920 79 059-201~70 KING DANIEL W TR & MEETA C C TR 2420 SPANISH TRAIL RD TI8URON CA 94920 80 059-201-43 HOSTETTER BRENDA C 2305 E CENTRO TIBURON CA 94920 81 059-201-05 BELLINGER JEFFERY G NANC PO BOX 66 TIBURON CA 94920 82 059-201~34 GORNET MICHAEL E & ELIZABETH P 2305 PARADISE DR TIBURON CA 94920 83 059-201~35 WINTERSTEEN J J 2315 PARADISE DR TIBURON CA 94920 B4 059-201-02 HARDESTY KAREN Z TR 98 MAIN ST STE 217 BELVEDERE~TIBURON CA 94920 85 059-201.01 BARATY EDWARD V TR & SUSAN M TR 100 THORN DALE DR . 243 SAN RAFAEL CA 94903 "' 059_201_51 QUINN WALLACE G.& SUSAN z. 2343 PARADISE DR TIBURON CA 94920 87 059-201~50 TALBOT BERTRAM J TR PO BOX 651 BELVEDERE-TIBURON CA 94920 88 059-201-49 AUREGUY EUGENE P TR & KIMBAL TR 84 BARBAREE WAY TIBURON CA 94920 89 059-201-52 MilOSEVICH GEORGE TR & ANITA M PO BOX 11838 ZEPHYR COVE NV 89448 90 059-201~53 MOORE ROBIN L 2360 VISTA DEL MAR LN TIBURON CA 94920 91 059~201-48 GISVOlD DARRELL I 1834 W CENTRO ~'1 ST T1BURON CA 94920 92 059-201-47 SEAMAN TAINA L 2389 PARADISE DR BELVEDERE-TIBURON CA 94920 93 059-201-54 HARRISON ROBERT l & HILDA M 2370 VISTA DEL MAR IN TIBURON CA 94920 94 059-201-56 MURRAY PAMELA T & ALANNA 0 6628 LAS ANIMAS DR MARTINEZ CA 94553 95 059-201-55 WIRTH DOUGLAS H TR ETAL & MURRAY PAMELA T 470 MC CALL DR BENICIA CA 94510 96 059-201-64 LYNCH EDWARD L 2441 PARADISE DR TIBURON CA 94920 97 059-201-59 SCHWAKOPF DENNIS & TERRY 2400 VISTA DEL MAR LN TIBURON CA 94920 98 059-201-60 SILL IGOR M & CYNTHIA E 2 BARTEL CT TIBURON CA 94920 99 059-201-67 MEYER JOHN A TR 2485 PARADISE DR TIBURON CA 94920 100 059-134..()9 KLEIMAN GREGORY & STELLA 2101 E MAR T1BURON CA 94920 101 059-134..()2 WHITE RAYMOND L TR 2150 PARADISE DR TIBURON CA 94920 102 059-134-07 MCMULLEN MIKE & KAREN 2105 MAR EAST ST TIBURON CA 94920 103 059-134-03 SUGASKI LLOYD J TR & TR 2160 PARADISE DR BELVEDERE~TIBURON CA 94920 104 059-134..Q4 VAN RAVENSWAAY THEODORE TR & NANCY TR 125 SOLANO ST TIBURON CA 94920 105 059-134-05 HADDAD SAMI M TR & LOIS N TR 115 SOLANO ST TIBURON CA 94920 106 059-134-06 FOX MARY W 45 MILLAND OR MILL VALLEY CA 94941 107 059-143-37 NAVONE PATRICIA T 2200 PARADISE DR TIBURON CA 94920 108 059-143-36 HARABURDA CATHY C 120 A SOLANO ST TIBURON CA 94920 109 059-143-35 ANDERSON COURTNEY L C & SANDRA A 110 SOLANO ST TIBURON CA 94920 110 059-143-12 o NEILL THOMAS A TR & PEGGY A TR 2205 MAR EAST ST TIBURON CA 94920 111 059-143.27 POWELL FRANCIS R TR 2242 PARADISE OR TIBURON CA 94920 112 059-143-29 HACKETT CLARE G ESTATE OF 1 LINDA VISTA AVE T1BURON CA 94920 113 059-143-24 FAZIO ROCCO R TR & CAROL C TR 30261/2 BUCHANAN ST SAN FRANCISCO CA 94123 114 059-143-28 DODDS NEIL A & MARGARET E 2250 PARADISE DR BELVEDERE~TIBURON CA 94920 115 059-143*20 MARTINEZ DAVID 2270 PARADISE OR TIBURON CA 94920 116 059-143-16 DENEZZA RICHARD L 2280 PARADISE DR TIBURON CA 94920 117 059-143-15 DIMMICK JOHN T TR & DANA K TR PO BOX 310 GARBERVILLE CA 95542 118 059-143-21 HARDWICK KAREN L 7 LINDA VISTA AVE BELVEDERE-TIBURON CA 94920 119 059-143-38 YOUNG PATRICIA F 2298 PARADISE OR BELVEDERE-TIBURON CA 94920 120 059-143-39 FRYMIER MATTHEW 0 & COLE-FRYMIER CATHERINE E 9 LINDA VISTA AVE BELVEDERE-TIBURQN CA 94920 121 059-143-41 MITCHELL LAWRENCE A JR & DEBORAH H 2310 PARADISE DR T1BURON CA 94920 122 059-143-40 GIRTLER EVERETT & BETTY TR 11 LINDA VISTA AVE TIBURON CA 94920 123 059-191.16 FREEMAN KAY METAL 1321 3RD ST SAN RAFAEL CA 94901 124 059-191-19 SCHOFIELD ANTHONY TR 1423 MC GILVRA #E SEATTLE WA 98112 125 059-191.20 LYNESS JAMES D & PATRICIA M 19 LINDA VISTA AVE TIBURON CA 94920 126 059-191-22 WOOD MADELINE TR 2336 PARADISE DR TlBURON CA 94920 127 059-191-21 EVANS JUDITH K TR & EVAN L TR 2334 PARADISE DR TIBURON CA 94920 128 059-191-02 TEATHER JEFFREY S 19 LUPINE CT SAN RAFAEL CA 94901 129 059-191-03 BRUCE HENRY C TR & NANCY H TR 18 SAN RAFAEK AVE SAN ANSELMO CA 94960 130 059-191~04 BARTLETT PHILLIP C & PAMELA E 2360 PARADISE DR TIBURON CA 94920 131 059-191*05 NORTHERN TRUST BK OF CAL T 580 CALIFORNIA ST STE 1800 SAN FRANCISCO CA 94104 132 059-191~06 TYMSTRA PETER J TR & JEANNE C TR 2380 PARADISE OR BELVEDERE-TIBURON CA 94920 133 059-191-14 BUICH ROBERT T TR & BARBARA W TR PO BOX 561 TIBURON CA 94920 134 059-191-15 EilERS A SEAN & NOBLE MONICA 55 LINDA VISTA AVE TIBURON CA 94920 Q:\tiburon\Lyford Cove\'Report\lyford cove pre! rpt 7-ser-04.doc == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment Disirict No. 2004-01 Preliminary Engineer's Report September 7,2004 Page 20 Asmt APN OWner Name Mailing Address No. 135 059-191-12 MECCA ANDREW M & KATHLEEN M 2381 MAR EAST ST TIBURON CA 94920 136 059~191-11 CASTELLANA VALERIE A 2387 E MAR TIBURON CA 94920 137 059-191-10 JOINER JERRY M TR & JEANNE T TR 2393 MAR EAST ST TIBURON CA 94920 138 059-192-15 BENSON LLOYD F TR 2219 MAR EAST ST BELVEDERE- TIBURON CA 94920 139 059-110-10 PROCTOR ROBERT S TR PO BOX 1639 ZEYHYR COVE NV 89448 140 059-110-09 BELLUOMINI SHARON S 8 LINDA VISTA AVE TIBURON CA 94920 141 059-110-08 LEGAC LINDA M 475 SANSOME ST 15TH FLOOR SAN FRANCISCO CA 94111 142 059-110-07 A AND L l TO PTNRS 124 STILLWATER CT MARCO ISLAND FL 3 41 45000 143 059-110-06 BORDEN STEVEN G & ANN R 200 PEACOCK DR SAN RAFAEL CA 94901 144 059.110-05 COWENS J WAYNE & PAMElA R S PO BOX 1042 TIBURON CA 94920 145 059.11()..04 HUNT CONSTANCE B TR 10 MALLARD RD BELVEDERE-TIBURON CA 94920 146 059-110-03 HUNT MARSHALL I & MARILYN R 20 LINDA VIS T1BURON CA 94920 147 059-11 0-02 MAC MILLAN CATHERINE TR 22 LINDA VISTA AVE BELVEDERE-TIBURON CA 94920 148 059-110-01 HUNT DANIEL G 484 IRVING CT TIBURON CA . 94920 149 059-192-18 SIMMONS JOHN L 4655 HIGH DESERT CT SPARKS NV 89436 150 059-192-11 CIMOLlIRENE M TR & GINO N PO BOX 4102 SAN RAFAEL CA -94913 151 059-192-12 WINTER-MEINBERG LINDA C & MEINBERG KLAUS 2275 MAR EAST ST TIBURON CA 94920 152 059-192-06 BIALLA VITO R TR & LINDA B TR 34 LINDA VISTA TIBURON CA 94920 153 059-193-21 CREIGHTON JAMES 36 LINDA VISTA TI8URON CA 94920 154 059-193-23 GREENBERG ARTHUR R & BARBARA D 2309 E MAR BELVEDERE-TIBURON CA 94920 155 059-193-24 LIVINGSTON LAWRENCE JR TR 2311 E MAR TIBURON CA 94920 156 059-193-25 HARRELSON THERESA L 2317 MAR EAST ST TIBURON CA 94920 157 059-193-26 POETT LAURIE 8 2319 MAR EAST ST BELVEDERE-TIBURON CA 94920 156 059-193-26 BURKE ROBERT E TR & 2321 MAR EAST 8T BELVEDERE-TIBURON CA 94920 159 059-193-29 NOBLE GORDON E TR & MARK E 98 MAIN ST - 226 TIBURON CA 94920 160 059-193-20 PRICE KAREN G TR & B TR 52 LINDA VISTA AVE TIBURON CA 94920 161 059-193-19 SEYRANIAN DORIS N & LEON G TR 4144 REDWOOD RD OAKLAND CA 94619 162 059-193-27 HERLIHY JEAN 2343 E MAR TIBURON CA 94920 163 059-172-46 POINT TIBURON PLAZA INC 1701 TIBURON BLVD TIBURON CA 94920 164 059-172-44 DAVIS AGNES B TR 2002 PARADISE DR UN 1 TIBURON CA 94920 165 059-172-05 ZANDVAKllI NAHID F & KIA PO BOX 12705 OAKLAND CA 94604 . 166 059-172-43 COOK CHONG C TR 1701 TIBURON BLVD TIBURON CA 94920 167 . 059-340-02 TEXDAHL DONN G !TRI 2026 PARADISE DR TIBURON CA 94920 168 059-340-01 PHILLIPS RICHARD M TR & ELDA M TR 2027 PARADISE DR TIBURON CA 94920 169 059-172-42 GUZZARDO ANTHONY M TR & PATRICIA H TR PO BOX 608 T1BURON CA 94920 170 059-172-41 DECKER GERARD Q IV 2030 PARADISE DR TIBURON CA 94920 171 059-172-40 L1ZZA TIBERIO P PO BOX 10 BELVEDERE-TIBURON CA 94920 172 059-172-36 L1ZZA TIBERIO P PO BOX 10 BELVEDERE-TIBURON CA 94920 173 059-181-72 L1ZZA TIBERIO P PO BOX 10 BELVEDERE-T1BURON CA 94920 174 059-181-78 L1ZZA TIBERIO P PO BOX 10 TIBURON CA 94920 175 059-161-77 COPLIN MAXINE I PO BOX 619 TIBURON CA 94920 176 059-161-65 HINMAN FRANK JR & MARION E 1000 FRANCISCO ST SAN FRANCISCO CA 94109 177 059-181-64 HINMAN FRANK JR MARION E 1000 FRANCISCO ST SAN FRANCISCO CA 94109 178 059-161-89 PATTERSON STEPHEN M 323 SA YVIEW ST SAN RAFAEL CA 94901 179 059-161-68 CUNNINGHAM MARK S 2088 PARADISE OR TIBURON CA 94920 160. 059-181-09 PANNELL EVELYN S TR 2090 PARADISE DR TIBURON CA 94920 181 059-181-66 BEYER ELIZABETH ICNSVTRI PO BOX 1941 NOVATO CA 94948 182 059-161-60 BARBARA RICHARD G & WENDY A 2100 MAR EAST ST TIBURON CA 94920 183 059-161-12 LHEUREUX RAYMOND TR & SANDRA TR 240 BEACON ST SAN FRANCISCO CA 94131 184 059-181-90 HANSEN GARY V & FANI 0 PO BOX 868 BElVEDERE-TIBURON CA 94920 185 059-181-87 DENZ JEROME T & NANCY H 2130 MAR EAST ST TIBURON CA 94920 186 059-181~91 SCHWARZ WilLIAM M & CATHERINE G 2150 MAR EAST ST BELVEDERE-TIBURON CA 94920 187 059-181-16 HANDLEY MILLA L H TR & RAYMOND G TR 2500 EL CAMINO REAL 'PALO ALTO CA 94306 188 059-181-18 HANDLEY MILLA L H TR & RAYMOND G TR 2500 EL CAMINO REAL PALO ALTO CA 94306 189 059-181-61 SCHROLL SUSANNAH 2210 MAR EAST ST TIBURON CA 94920 190 059-161~83 GUHEEN MICHAEL F TR & CHERYL A TR PO BOX #546 GLENBROOK NV 89413 191 059-161-73 GATTI LYNDA J TR 2226 MAR EAST ST TIBURON CA 94920 192 059-161-74 MARK MEL WN I TR & JUDITH S TR 2236 MAR EAST ST TIBURON CA 94920 193 059-181-75 DIRKZWAGER NICO M TR & KATHLEEN E TR 2246 MAR EAST ST BELVEDERE-TIBURON CA 94920 194 059-161-76 HANDLEY MllLA L H TR & RAYMOND G TR 2500 EL CAMINO REAL PALO ALTO CA 94306 195 059-400-01 PEPPERELL HAROLD TR 2260 MAR EAST ST BELVEDERE-T1BURON CA 94920 196 059-400-09 FLYNN CHARLES J TR & MIK P TR 2280 MAR EAST ST TIBURON CA 94920 197 059-400-1 0 BRIGGS J SCOTT TR & MAYKE B TR 2304 MAR EAST 8T TIBURON CA 94920 198 059-400-04 SCHOENBERG BERNARD J ESTAT 101 BALTIMORE DR CORTE MADERA CA 94925 199 059-194-71 HANDLEY MILLA L H TR & RAYMOND G TR 2500 EL CAMINO REAL PALO ALTO CA 94306 200 059-194-88 HANDLEY MILLA L H TR & RAYMOND G TR 2500 EL CAMINO REAL PALO ALTO CA 94306 201 059-194-69 HANDLEYMILLA L H TR & RAYMOND G TR 2500 EL CAMINO REAL PALO ALTO CA 94306 202 059-194-84- TQMSICK FRANK CHRIE J 2322 MAR EAST ST TIBURON CA 94920 203 059-194-68 TOMSICK FRANK CHRIE 2322 MAR EAST ST TIBURON CA 94920 204 059-194-69 CROKER JULIE TR 2330 MAR EAST ST TIBURON CA 94920 Q:\tihuwn\Lyforcl Covc\Rcport\lytorcl eove pre1 rpt 7-scp...04.doc II I Harris & ASSOc1:tes Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7,2004 Page 21 Asmt . Mailing Address No. APN Owner Name 205 059-194-83 STOLLMEYER DAVID R & VICTORIA L 2332 MAR EAST ST TIBURON CA 94920 206 059-194-93 ROSS SUSAN E 2334 MAR EAST ST BELVEDERE-TIBURON CA 94920 207 059-194-96 HERN KARIN J 2338 MAR EAST ST TIBURON CA 94920 208 059-194-97 HALL KNOWLES L TR & SHERRY A TR 2336 MAR EAST ST TIBURON CA 94920 209 059-194-81 NCPHS FOUNDA liON TR ET Al & BANKS SHIRLEY F TR 501 VIA CASITAS GREENBRAE CA 94904 210 059-194-72 GlACHINO WilLIAM S TR & NANCY A TR PO BOX 2206 FAIR OAKS CA 95628 211 059-194-73 COGGAN JAMES F TR & KIMBERLY E TR 2350 MAR EAST ST TIBURON CA 94920 212 059-194-78 DAWSON JOHN T TR & CATHARINE B TR 52 PENINSULA RD BELVEDERE CA 94920 213 059-194.38 DAWSON RICHARD B TR & JOHN T TR 52 PENINSULA RD BELVEDERE-TIBURQN CA 94920 214 059-194-74 MOSS BARRY L & JANE E 260 E CHESTNUT - 3902 CHICAGO IL 60611 215 059-194-40 GOMPERTZ MICHAEL A 2754 PINE 5T NAPA CA 94558 216 059-194-61 PRINCE ANNE A TR 2396 MAR EAST ST TIBURON CA 94920 217 059-194-62 WOODWARD MORRILL R 2398 MAR EAST ST . TIBURON CA 94920 218 059-204-01 SHERWOOD DONALD K TR 2400 MAR EAST ST BELVEDERE-TIBURON CA 94920 219 059-204-02 LINCOLN JOHN T 2420 MAR EAST ST BELVEDERE-TIBURON CA 94920 220 059-203-12 MC CREA ROBIN 0 TR & SYLVIA S TR 277 TULANE DR LARKSPUR CA 94939 221 059-203-28 HALL ROBERT TR & BLANCA TR 2400 PARADISE DR TIBURON CA 94920 222 059-203-23 MOOSAVI SEYEDEH 2430 PARADISE DR TIBURON CA 94920 223 059-203--18 LYNCH ED & ROHDE-LYNCH SHANA 2441 PARADISE DR TIBURON CA 94920 224 059-203-19 WILLIAMS DARWIN CAROLE C PO BOX 758 KENTFIELD CA 94919 225 059-203-21 HARRIS BARBARA L TR & TR 2460 PARADISE DR TIBURON CA 94920 227 059-203-03 BURKETT JOAN P TR & ROY W TR PO BOX 1023 BELVEDERE-TIBURON CA 94920 228 059-203--26 SMITH RICHARD 0 TR & LILLIAN C TR 2485 E MAR BELVEDERE-TIBURON CA 94920 Q:\tiburon\Lyford Cove\Rcpurt\lyfunl cove prcl Jlll 7-sep-04.doc == I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7,2004 Page 22 PLANS AND SPECIFICATIONS Reference is hereby made to Ibc Plans and Specifications in and for said assessment proceedings on file in Ibe office of the Town Clerk of the Town ofTiburon, County of Marin. The Plans and Specifications are by reference 'included with this Engineer's Report, ANNUAL ADMINISTRATIVE ASSESSMENT A proposed maximum annual administrative assessment shall be levied on each parcel ofland and . subdivision of land within the Asscssmcnt District to pay for necessary costs and cxpenses incurrcd by thc Town of Tiburon, and not otherwise reimbursed, resulting from the administration and collection of assessments, from the administration or registration of any bonds and reserve or other related funds, or both, The maximum assessment is authorized pursuant to the provisions of Section 1 0204( f) of the Act and shall not exceed twenty thousand dollars ($20,000) per year, subject to an annual increase based on the Consumer Price Index (CPI), during the preceding year ending in January, for all Urban Consumers in the San Francisco-Oakland-San Jose areas. The exact amount of the administration charge will be established each year by thc Superintcndent Of Streets. Each parcel within the Assessment District sball be allocated an equal sharc of such costs. The annual administrative assessment will be collected in the same manner and in the samc installments as the assessment levied to pay for the cost of the works of improvement Q:\tibuTOn\Lyford Covc\Rcport\lyford cove pre! rpl 7-scp-04.dor == I H.arris & Associates Town of Tiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report September 7, 2004 . Page 23 CERTIFICATES I. I, the Town Clerk ofthe Town of Tiburon, County of Marin, State of Cali fomi a, hercby certiJy that the Preliminary Assessment and Preliminary Assessment Roll in this Engineer's Report, in the amounts set forth herein, with the Assessment Diagram attached, was filed with me on ,2004. Diane Crane Iacopi TownClcrk, Town ofTiburon 2. I, the Town Clerk of the' Town of Tiburon, County of Marin, State of Cali fomi a, hereby certiJy that the Confirmed Assessment in this Engineer's Report, in the amounts set forth herein, was approved and confirmed by the Town Council of the Town of Tiburon on ,2004, by Resolution No. Diane Crane Iacopi Town Clerk, Town ofTiburon . 3. I, the Superintendent of Streets of the Town of Tiburon, County of Marin, State of California, hereby certiJy that the Assessment in this Engineer's Report, together with the Assessment Diagram thereto attached, was recorded in my office on ,2004. Pat Echols Superintendent of Streets, Town of Tiburon O:\tihuron\Lyford Covc\Report\lyford cove prc1 rpl 7-sr.:p.04.du~: = I Harris & Associates Town ofTiburon Lyford Cove Utility Undergrounding Assessment District No. 2004-01 Preliminary Engineer's Report DRAFT , APPENDIX Q:\tihuron\Lyford Covc\Rcport\lyford cove pre! rpl 7-scp-04.tlm" September 7, 2004 == I Harris & Associates .... <> <> ... ..: - ., .Q E ., - CL ., U> ~ <> <> ... o z - <.> .;:: -;; is C ., 'E Ul Ul ., Ul Ul <( ell '" 'S '" =>"t:: f:? 0 EJ~ .,!t: "<OUl '" -- ::>., ~~ c =="5J 0-", -::>w => ., ,e>~ 1-0", '0 U.= c:"EE ;=0= o'>.~ 1--1"- ~ <C ., ell '" n. ~IOI~ ~ 0100100100 ~ ~IOOIOOIW ~I~IOO wlOOloloo OIOI~IOOiOOIOOIOOI~IOOIOIOIOIOOIOO 01010 'i~,~~ ~~I~ ~I~ ~ ~~~I~~~I~ ~1~1:1~~:~~I~I~~~~I:'::I~i~~I~I~ _ E "'I..... I,{) I,{)..... l() L()ILO Q) CO ll>1U') an <<> ICO I"' "'Ill)..... LO..... ..... 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",IMllvl~I~II'--I~ ININ NININININ ~ Z NININININININ I I ! I I I "E ~ ~ o o "E <S ~ o ~ . '" .. , o u "E <S ~' . e . ~ 0' MAYOR AND MEMBERS OF THE TOWN COUNCIL KEVIN BRYANT, ADVANCE PLANNER (j GENERAL PLAN UPDATE: GOAL, POLICY, & PROGRAM REFINEMENT: NOISE & SAFETY ELEMENTS ISSUES PAPER REVIEWED BY: k:J- Town of Tiburon STAFF REPORT TO: FROM: SUBJECT: AGENDA ITEM S' MEETING DATE: SEPTEMBER 15, 2004 BACKGROUND As part of the Goal, Policy, and Program Refinement stage of the General Plan Update process, the Planning Commission hosted a meeting on September 8, 2004, to discuss the goal, policy, and program suggestions contained in the Noise & Safety Elements Issues Paper. At the meeting, the Planning Commission took comments from the public, and also provided their comments to Staff. GENERAL PLAN UPDATE PROCESS Issue Identification (Spring - Fall 2002) - COMPLETE Goal, Policy, and Program Refinement (2003 - 04) Housing Element - Review Complete Downtown Element - Review Complete Land Use E/ement - Review Complete OSC Element - Review Complete Circulation Element - Review Complete Parks & Recreation Element - Review Complete Safety and Noise Elements Plan Preparation, CEQA Compliance, and Plan Adoption (March 2005) TOWN COUNCIL PUBLIC HEARING With the Planning Commission public hearing complete, the Noise & Safety Elements Issues Paper now comes before the Town Council for its consideration and comment. The Town Council, as the Town's policy-making body, is charged with making the final recommendation to Staff about the appropriateness of the suggested goals, policies, and programs contained in the Issues Paper. In essence, the Town Council is being asked to answer two questions: 1. Do the goal, policy, and program recommendations (summarized in Appendices A and B of the Issues Paper) accurately represent the goals and vision of the community? If not, what modifications need to be made to make them accurately represent those goals and vision? 2. Are there issues and ideas which are missing from the recommendations presented in this paper? This is the time in the General Plan Update process to give direction for substantial changes to the recommendations presented in the Issues Paper. Following this review, Staff will begin preparation of the Noise and Safety Elements that will be part of the Draft General Plan: Tiburon 2020, Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HIGHLIGHTS OF RECOMMENDED CHANGES IN THE NOISE AND SAFETY ELEMENTS Noise Element Many of the existing goals, policies, and programs in the Noise Element are included in the recommendations for the updated General Plan. One change is the recommendation to remove the policy and program to adopt a noise ordinance, which the Town Council has considered and rejected in favor of directly addressing the noise sources. Safetv Element Many goals and policies of the existing Safety Element are recommended for the updated General Plan, There are a number of Safety Element policies in the adopted General Plan which are statements of specific strategies the Town uses during the development review and environmental review process to ensure that possible impacts of hazards are adequately addressed. While the Town will continue to implement these strategies, Staff has . recommended that the General Plan policies be refined to be put in language more suit~ble for the General Plan, These changes are discussed on pages 31 - 33 of the Issues Paper. Additionally, Staff has recommended that the scope of the Safety Element be expanded to address community policing and emergency preparedness. ISSUES DISCUSSED AT THE PLANNING COMMISSION HEARING Unlike review of previous General Plan elements, the Planning Commission hearing did not identify issues on which Staff requests the Town Council provide direction, Following is a review of the comments received at the Planning Commission meeting. However, no specific questions are posed of the Town Council. Exbanded Noise Regulations The Planning Commission and public requested that the Town consider expanding the ban on gas-powered leaf blowers to include the areas around the Town's hotels. The Planning, Commission suggested that the Town may consider limiting the use of cleaning equipment at the Bell and Boardwalk Shopping Center during early hours. . If the Town Council wishes to pursue these suggestions, Staff recommends that they be done through amendments to the Municipal Code. Both suggestions would be too specific for inclusion in the General Plan. Intearate Services with Neiahborina Jurisdictions The Planning Commission, in observing that approximately 1/3 of the Town's operating expenses fund the Police Department, suggested that the Town may want to look for ways to integrate services with neighboring jurisdictions to reduce costs over the planning horizon of the General Plan. Staff had recommended policies regarding the importance of a strong revenue base in the Land Use Element, and the consensus of the Town Council, Planning Commission. and public was September 15, 200~ page 2 of 3 ---",-'--'---~" --> Town of Tiburon STAFF REPORT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . that revenue matters, while important, did not belong in the General Plan. Therefore, Staff does not believe that integrating services with neighboring jurisdictions should be part of the General Plan. However, this and future Councils may wish to explore this issue further. RECOMMENDATION Staff recommends that the Town Council take public comment about the goal, policy, and program recommendations contained in the Noise & Safety Elements Issues Paper, provide direction on issues of interest to the Council; and direct Staff to proceed with the drafting of the Noise Element and Safety Element of the updated General Plan. EXHffiITS 1, Noise & Safety Elements Issues Paper, August 2004 2. Staff Report to the Planning Commission, September 8, 2004 3, Correspondence for Planning Commission Meeting September 15. 200.:1 page 3 of 3 -_._~--.- --.--.---....-.--..... - ._"~ ~- . Town of Tiburon STAFF REPORT AGENDA ITEM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Members of the Planning Commission FROM: Kevin Bryant, Advance Planner SUBJECT: General Plan Update: Noise & Safety Elements Issues Paper and Public Hearing MEETING DATE: September 8, 2004 BACKGROUND The Goal, Policy, and Program Refinement stage of the General Plan Update concludes with the final of a series of issues papers, the Noise & Safety Elements Issues Paper, now before the Planning Commission for discussion. The paper is intended to provide a common reference point for discussion and deliberation of goals, policies, and programs to be included in both the new Noise Element and the new Safety Element of the updated General Plan, Tiburon 2020. REVIEWED BY: GENERAL PLAN UPDATE PROCESS Issue Identification/Data Collection (Spring - Fall 2002) - COMPLETE Goal, Policy, and Program Refinement (2003 - 04) Housing Element - Review Complete Downtown Element - Review Complete Land Use Element - Review Complete Open Space & Conservation Element - Review Complete Circulation Element - Review Complete Parks & Recreation Element - Review Complete Safety and Noise Elements Plan Preparation, CEQA Compliance, and Plan Adoption (Summer 2004 - March 2005) OBJECTIVES OF PLANNING COMMISSION MEETING The objectives of the Planning Commission meeting are to provide a forum to receive public comment and for the Planning Commission to provide feedback to Staff, The input received from the public and Planning Commission will be reported to the Town Council. Staff has sent out over 400 fliers, about 150 emaiis, and placed a x,-page advertisement in the Ark, all inviting p'articipation at the Planning Commission meeting, Members of the public are encouraged to share their opinions about the recommendations in the Noise & Safety Elements Issues Paper with the Planning Commission, People who are unable to attend this meeting will have a similar opportunity before the Town Council on September 15. The role of the Planning Commission at this meeting is to take.the information, analysis, and recommendations presented in the Issues Paper, combined with the comments provided by the public, and to provide feedback to Staff concerning the goal, policy, and program recommendations in the Issues Paper. This feedback will be reported by Staff to the Town Council. EXHIBIT NO. d- STAFF REPORT Town of Tiburon This is the time in the General Plan Update process to give direction for substantial changes to the recommendations presented in the Issues Paper. Foliowing Planning Commission and Town Council review, Staff wili begin preparation of the Noise Eiement and the Safety Element that wili be part of the Draft General Plan, Tiburon 2020. NOISE ELEMENT: OVERVIEW Many of the existing goals, policies, and programs in the Noise Element are included in the recommendations for the updated General Plan. One change is the recommendation to remove the program to adopt a noise ordinance, which the Town Council has considered and rejected in favor of directly addressing the noise sources. SAFE'J'Y EU:MENT: OVERVIEW Staff has recommended a reorganization of the Safety Eiement to more clearly address deveiopment issues related to geologic and slope stability hazards, flood hazards, and fire hazards. Staff has also recommended related to policing and emergency preparedness. RECOMMENDA nON Staff recommends that the Planning Commission take public comment on the goal, policy, and program recommendations contained in the Noise & Safety Elements Issues Paper, and to provide feedback and recommendations to be forwarded to the Town Council. ATTACHMENT 1, Noise & Safety Elements Issues Paper (August 2004) - previously provided to Planning Commission. 2. Comments from Chairman Coliins, August 30, 2004. S:IPlanninglPlanning CommiS5ionlStaff Reports\2004\Noise & Safety Elements Staff Report 9-8.doc September 8, 2004 page 2 of 2 .---.. , September 8, 2004 ,", , Tiburon Planning Commission 1505 Tiburon Blvd. Tiburon, CA 94920 tel,,' ! fr,,"I:, ,'''',.'' Re: Noise and Safety Elements Issue Paper of the Tiburon General Plan Dear Commissioners and Development Department, . I would like to comment on the landslides section in the safety elements discussion of the revised General Plan proposal. Landslide damage can be particularly costly to local governments that need to make repairs to damaged public roads and drainage facilities. In addition court decisions have expanded the potential liability of local governments for landslide damages. Litigation is often the only recourse left to individuals with landslide damaged property, because earth movement insurance is unavailable. This is an extremely important point because it distinguishes landslides from most other hazardous phenomena, Public entities often end up paying a significant part of pre-trial settlements, regardless offault. With this in mind, I ask that you have further discussions re landslides and the following: I) It would be helpful to include a map in the Noise and Elements Paper that detailed the landslide areas for hazard identification in addition to the one provided for Debris-Flow Source Areas. We seem to have maps for the other safety issues. All landslides are triggered by similar factors-weakness in rock/soil iri earthquakes, heavy rain, steeping of slopes by construction or erosion, alternate freezing/thawing or volcanic eruptions activity changing some critical aspect of the geological environment. More relevant to us is that the Geological Society reports that "Most are often triggered bv human activity, such as excavations cutting into the toes of slopes, making them unstable. Slides can also result from loadinl! the top of a slope with buildings..." 2) General areas of instability are known on the remaining 5 acre plus parcels in Tiburon. The General Plan states "Approximately 90% of the remaining vacant land in the Tiburon Planning Area is over 30% slope which increases the chances for unstable conditions in addition to dramatically increasing the cost of development. (General Plan la.) Most landslides occur on slopes of between 34-37%. The General Plan's slope policy allows 40%. "There is widespread presence of unstable or potentially unstable slopes throughout the Tiburon Planning Area. A mass grading approach to development of these areas is unacceptable to the Town due to the environmental and aesthetic ramifications associated with mass grading," (General Plan L c) OSC-D states "To discourage to the maximum extent feasible development of areas subject to hazards, including but not limited to, geotechnical problems, unstable slopes and flood-prone areas." Slope-density regulation is not a cure all for landslides. This presumes that landslide hazard is directly related to slope steepness, which is not necessarily the case. Landslide hazard mitigation should encourage the clustering of dwelling units and emphasize percent open space rather than parcel size. EXHIBIT NO. '3 My understanding is that there are special assessment districts formed specifically to abate actual or threatened landslides, land subsidence, soil erosion. or other natural or unnatural movements of land or earth. I am unclear as to whether or not we are one. If we are not, I would like to suggest that we become a Geologic Hazard Abatement ~~d . 4) The Town must consider the long-term public costs of hillside development. It is in the Ilublic interest to prevent damaging: landslides from ever occurring and PROHIBIT development in recognizably unstable areas. commensurate with the quality of available hazard information, To knowingly approve construction on unstable land seems ripe for culpability even if "Landslide deposits can be built upon if the structural integrity (e.g. pilings) reaches to competent materials beyond the depth of the deposit." This is risky in terms of the Town's liability. J(hillsides are to be developed, structures should be grouped in the most stable areas with grading codes enforced through comprehensive grading inspections funded through development fees. I believe the public truly wants our Town representatives to "Guide development away from hazardous areas, such as unstable slopes and flood prone areas." The policy of least cost is to prevent development in geotechnical hazard sites that by approving makes the Town a party to what could become a huge liability. Other comments specific to the report: SE-I and 5. Please define "adequately mitigated." SE-2 (SE-4).. . Keep ".,. proposed development poses no hazard to the project itself or other areas." Strike the word "reduce SE-5 Keep the statement but eliminate "maximum extent possible,' Landslide potential is difficult to mitigate when it could result in uninsurable loss. ." Iflandslides pose a threat, when is it not feasible or appropriate to avoid? SE-6 Keep "Development on Steep Slopes" as a safety issue- I have recently found out I live at the bottom of a landslide area and to me it is my "safety" at risk here. I would suggest keeping the statement and s~king "wherever possible." .Change the Open Space and Conservation Element Policy if need be to be included in the Development of Steep Slopes Policy ifit is redundant. My other question is, "When is it NOT possible?" SE-7. . . ..define "other measures." Thank you for your careful consideration of the above-mentioned comments. I am sorry I will be out of town for the initial meeting, . Sincerely, i*Z;b~~ HlLittle 1 Owlswood Road Tiburon, CA 94920 Steven Gold 50 Mt. Tiburon Rd. Tiburon, CA 94920 (415) 789-5059 Fi~' &:. r. r= ;i I, ,~ "'" II' ~ .....'I.M.,,: 'e :::D September 7, 2004 -SE'P' 7 ZUo! Kevin Bryant Advance Planner Town ofTiburon Town Hall Tiburon, CA 94920 Via email: kbryantiqJci.tiburon.ca.us F:!.A(.JI\jii'!" r- rO\!VN ~"'I~-:'_,)I\i.I::-~!CH-J "',' IIUUiX),i,.J RE: Excessive Noise of Garbage Trucks Dear Mr. Bryant: 1 am writing to complain about the excessive noise that Mill VaUey Refuse garbage trucks make in the early morning - 6:00 am. The revving truck engines, clanging cans, squealing compactors and screeching brakes wake up our family and most likely, many people in the neighborhood. The garbage collectors should not be allowed to pick up garbage until 7:00 am, the time that aU othcr trades people arc aU owed to commence work. The garbage coIlectors come clanging down my driveway at 6:00 am every Thursday morning, Most people in the houschold are not up at this hour. As Mt. Tiburon Road is steep, thc trucks recve up their en/,>ines to climb the hill. Once the truck arrivcs, the garbage men clang the heavy cans as they empty them in the truck. The truck is then reversed out of the drivcway, making a loud beeping waming noise. To compound the noise, the garbage men compact the garbage in the truck, which causes a very loud squealing noise. After picking up the garbage in the area, clan/,>ing and squcaling, the truck goes down the hill- screeching its brakes, The loud activitics of the garbage men and truck wake up thc family and jar them out of bed at a very early hour - 6:00 am. Why are the garbagc trucks aUowed to makc excessive noise so early in the morning when other trades people can not commence work until 7:00 am, and large machines can not begin bcfore 8:00 . am? I understand the justification for this disturbance is due to traffic -- the garbage trucks may cause traffic jams. I do not understand the logic of this argument. While very noisy, the limited number of garbage trucks will not makc a difference in traffic patterns.in residential areas. Even if the truck must stop, the truck can pull into a driveway. For congested areas, the City can request that the trucks not opcrate on Tiburon Boulcvard - the most dcnse traffic area - during 7:30 - 8:30 am commute hours, In addition, thc garbage trucks currently operatc during peak traffic hours. In thc current arrangement, the trucks start at 5:30 am and end at 2:30 pm, They currently operate during prime commute'hours. Requiring them to start at 7:00 am and finishing by 4:00 pm will not disrupt thc traffic patterns. The change,.however, will allow people to maintain quite in the neighborhood' while they are sleeping. Another supposed justification for the early start is to allow the trucks time to go to the dump to unload thc garbage. In fact, the trucks do not go to thc dump in the afternoon, they return to the yard whcn finished with the run. The dump is open very early in thc morning. The trucks drive to thc ...,.."",,-,--- dump at 4:30 am to unload the previous day's garbage. The trucks then commence the garbage pickup, arriving at the houses at 5:30 am, The early morning arrival is for the conveniencc of Mill Valley Refuse, not out of necessity to meet the requirements of the landfill. Tiburon currently rcquires that construction crews beh<in after 7:00 am and heavy equipment aftcr 8:00 am. One ofthe reasons for the restriction is to preserve the quiet while people are sleeping. Thc large garbage trucks, revving up the hill and h'l"inding their compactors, makc morc noisc than most construction crews. The garbage company should be required to comply with the rules mandatcd for all other trade groups. The garbage collection should only be able to bcgin after 7:00 am. ] propose that thcTown Council adopt a resolution requiring that garbagc collcction beh<inaftcr 7:00 .' . . am. Please inform me as to the Council's decision regarding the proposed resolution. If the Council is unable to adopt a resolution, pleasc scnd mc materials pertaining to proposing a referendum for the electorate. I am sure voters, especially those who are jarred out of bed by noisy garbage trucks, will support a mcasurc which limits thc timc of operations for garbage trucks. I look forward to your prompt response. Sincerely, Steven Gold " :,:..".ce~f~ /!~-~ l, :~L c: ()' it' , -r;:-<-.u ') '-- .. t' -r"~!! V F C' _....__; l/"", ...... i ./ ' ,A, ~ vL L 1.1/~ , '0; '1 . I/J ------ I ./ V"'C./VV / ')/\.,.' .c .' ..7"c.:"v~' .. I :>..,:"'C' urkuV' . i/;:.lr.-""" ~_"""",'_ .,- 1'.... r........-'--..- 1\ <,.. ,(I" .' f,J ._' ~{A.. ft..,..-/ "-2_/I.FC-V"\" / ,f..-r'- '? ..f-i-' ",~ .-t/" L,kL.Vli,/ LJ/L..c:r (}u2.. Of/--- [..t~,,-, V{Krt.,V:'- G~/ lVc,--"",Q/2/ ~ IV~' ---- (J /L/\".c~./\.{ } (j' . I " I' / .l.i.rC.C/I/L..,A.,/'Y' t>v ~- ~- I~I {/c......c.l...:x.. 0'(.;- c-""--' ()-f2i f::;' l,/J..../ c~." ..JJ--- . ,r ~1/C:.(',."c.-.-G:-- 01--- t;;;;.,...-e./ " " I ,,..Ii, f) / 01" (i...iJ-.- 1-"-.... ("", " ___ c~ /--.:..u-t.,';/u.-i.., /....rr..~' y~,/' . . !/ ?--- (/ '1,,> " 0- ,/C.J2/'v..-y--f'J-e.,V:Z-?t.. / );...x.,;;/'-/"v/ / ~/~/ ,,2_ t... . ",..." ,'~ </' Aj .JZIZ-CLNi2/2/ /)..f.......",....LJ-<l.../ /~ f- ty ~-U J-U-'~ cW/A-.f",yr: -f1j__" I . ,') I t'-Vv l.,r-'t.A./V:,...J/v*./v/' v rr L./V-:t;F" -)vu'--' r:~~/' /y~V~,~(~f//M.<.>-<-,.--;::y~L"/ ~.v~ l! '- .- :;S -002 '9 P 1/ / / //\ );/1' /? ..~". 1/, / /<'fU. '-'0(///V:/ / \~ 1..../____._ l.A"_, -"l, 1...-~( ~ Ii ( " /, (l/I/l;) " G . l3..t/li;/~/l~".IL/ , \ ' i I ;--rv../J/'I't.{,/ I /'- f 7 f':> I / (,t;::..... c,v'Q/'-'f"; v /_~ .c)'V v .. . ___ ,'1 , ' 1/ ( _~'\c')/Urv"""'--' _,,~ .e ~. -- Richard B. Collins 660 Tiburon Boulevard Tiburon, California 94920 Telephone 415 789 5205; Fax 415 789 5206 August 30, 2004 y[.:: ("'I"'- ~v'p~~, r",_ ......~g v~~::D Mr. Scott Anderson Community Development Director Town of Tiburon 1505 Tiburon Boulevard Tiburon, CA 94920 PlUG :) 0 2004 :~:I:J\h!i'JII\J (;' U [1/1 S I ON , IJ''/IfN (W Tn:{ur~o I" , . Re: Noise & Safety Elements Issues Paper Dear Scott: ] want to thank you, Kevin Bryant, and the staff for a job r well-done on the Noise & Safety Elements Issues Paper. As a general observation, its unfortunate that the Town doesn't enjoy an opportunity to toot its own horn about the work and performance of local government in it its efforts to maintain and protect the health, welfare and safety of its residents. This issues paper is an example of what local government does or seeks to do and for which it is not often-enough. recognized for those efforts and accomplishments. As you are aware, I will be on vacation and unable to attend the meeting on September 8, 2004, when the issues paper will be addressed at the Planning Commissions public hearing. I note ,that there is no reference to safety in the light of our nation's 9-11 disaster. Is that something that is included in the safety issues portion of the paper only by implication? Is it something to which consideration has been g i v en? I do have some specific comments and questions regarding a few of the recommended policies that I will address below. I hope that some of the comments will be of either assistance or provide an opportunity for further explanation, NOISE ELEMENT Goals; Goal N-C (Policy N-l). This policy refers to the "careful placement of land uses, etc", Should another term such as "regulation"," governance", "oversight", "restriction", "constraint" or some other term instead of "placement" be considered? _ ~_.._______.___._~___~__.__._____ ___ .. . - '-~_1"" ..-..-.- Page I of I Kevin Bryant ~-~E~-~-~-~O~ ~ From: AFREDERICKS [alice@alicefredericks,net] Sent: Wednesday, September 15, 2004 2:02 PM To: Bryant Kevin Subject: A Couple of Questions and Comments on the Noise and Safety Elements Issues Paper lDWN CLERK TOWN OF TIBURON Pg 23: QUESTION: I see the fire flow problems in Old Tiburon noted. I find it troubling sine this is one of our densely built neighborhoods. Is there a proposed solution? Pg.38: Can the safety element reference SE-6 in Open Space and Conservation, PeopIc too often forget that some of our Open Space policies arc also safety policies Appendix A, pg A-2: I would expcet mixcd use zones will attract high intcnsity use and lots ofpeoplc. Possible conflicts between mixed use and existing residential areas should bc note. TOWN COUNCIL LA TEMAIL # ~7 , MEETING DATE 7'-!)" ~.. 0 1 9/15/2004 Kevin B ant From: Sent: To: Subject: RCMCGEE1@aol.com Tuesday, September 14, 2004 4:34 PM kbrya nt@ci.tiburon.ca.us Noise Element - General Plan Update SEP 1 62004 TOWN CLERK TOWN OF TIBURON Kevin, As we discussed today, there appears to be no Town directive for handling the ever increasing noise from neighbors' new air conditioners, hot tub pumps and swimming pool pumps. In the Del Mar neighbor.hood where we live, homes are being updated and expanded thus covering more of the lots. At the same time the owners are adding equipment such as pools, hot tubs and air conditione~s. This equipment all generate noise around the clock. If improperly sited on the lot, this noise can become a severe annoyance to neighbors. At present, there is no Town process or ordinance which r.equir.es review of the placement of these noisy pieces of equipment, nor requirements to mitigate the noise level affecting neighbors. We personally are victims of a neighbor's newly installed air conditioner. Other neighbors have complained about the noise from newly located hot tubs. We can foresee an ever increasing noise problem from these devices as more are added. Therefor.e, we urge the Town to anticipate more of these problems, and implement either planning review procedures or a municipal ordinance dealing with these sources of neighbor.hood noise. I understand that you will provide copies of this ernail to the Council members prior to the September 15 review meeting. Roger McGee 113 Harn Court Tiburon 533-5164 TOWN COUNCIL LA TEMAIL # ? MEETING DATE y-()"-ocj From: George Landau [george@georgelandau.comj Sent: Tuesday, September 14, 2004 8:54 PM To: Kevin Bryant Subject: Re: 15th September Town Council Meeting on "Noise" [D)-~-~-ttW- ~ 1m m1 S E P 1 5 2004 \ill Kevin Bryant TOWN CLERK TOWN OF TIBURON Hi Kevin, Because of a Religious Holiday, beginning that night, I will not be able to attend the Town Council Meeting scheduled for 7:30pm on the 15th of September. If I were able to attend, I would make sure that the Ordinance that bans gas powered leaf blowers is not "watered down" in any way, Frankly I would like to have it expanded to also apply to the parking iots as weli as the Tiburon Lodge, I don't think that the Lodge was exempted in the language of the Ordinance that was passed by the Councii but if they were exempted I would like that changed so that they are not. I would very much appreciate if you stated this on my behalf, Many Thanks in Advance, George J. Landau 82 Sugar Loaf Drive, Tiburon, CA 94920 435-7051 TOWN COUNCIL LATE MAIL # 9 MEETING DATE-1:-/f""- 0<; 9/ I 5/2004 . I . . , . TOWN OF TIBURON GENERAL PLAN UPDATE TIBURON 2020 NOISE & SAFETY , ELEMENTS ISSUES . PAPER Prepared by the Town of Tiburon Community Development Department Town' of Tiburon MEMORANDUM environmental issues that should be studied in the EIR. Early in the new year, the Draft General Plan and Draft EIR will be published and the final hearings, leading to adoption of the new Plan, will be held. The process is scheduled to conclude in March 2005, I ,{ ATTACHMENTS Noise & Safety Elements Issues Paper (August 2004) Cc:. . Alex Mcintyre, Town Manager Scott Anderson, Community Development Director Pat Echols, Director of Public WorksfTown Engineer Mallhew Odello, Chief of Police August 19.2004 Page 2 of 2 Town of Tiburon MEMORANDUM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO: Mayor and Members of the Town Council Members of the Planning Commission FROM: Kevin Bryant, Advance Planner rjJ SUBJECT: General Plan Update: Noise and Safety Elements Issues Paper and Public Hearings DATE: August 19, 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BACKGROUND The Noise & Safety Elements Issues Paper is the final in a series of "issues papers" that are the main part of the Goal, Policy, and Program Refinement stage of the General Plan Update. The purpose of the Issues Paper is to provide a common reference point for discussion and deliberation of goals, policies, and programs. It is not a draft of the Noise and Safety Elements, PUBLIC MEETING The Issues Paper and the recommendations contained within it will be the subject of public meetings hosted by the Planning Commission on Wednesday, September 8 and the Town Council on Wednesday, September 15, The public will be encouraged to participate in the meetings, The purpose of the Issues Paper and the public meetings is to gain adequate feedback to draft a Noise Element and a Safety Element for the updated General Plan: Tiburon 2020. This is the appropriate time to give direction for substantial changes to the recommendations presented in the Issues Paper. When the draft General Plan is considered by the Planning Commission and Town Council, the goal is to have only minor changes to the goals, policies, and programs left to make, To facilitate this process, the Planning Commission and Town Council should keep the following questions in mind while reading the Issues Paper: 1', Do the goal, policy, and program recommendations accurately represent the goals and vision of the Town Council, Planning Commission, and the community? If not, what modifications need to be made to make them accurately represent those goals and vision? 2. Are there issues and ideas which are missing from the recommendations presented in this paper? NEXT STEPS The final stage of the General Plan Update, the drafting and consideration of the Draft General Plan, Tiburon 2020, and the Draft Environmental Impact Report (EIR), has begun. This fall, the Planning Commission will hold a "scoping" session to allow the public to help identify the TABLE OF CONTENTS 1. Introduction ... ..... .........,........... ,.... ..... ..... ........ ................................................ .........~........ I 11. Noise Element .....................................................................,...................................,...... 2 A. The Noise Environment ...................................................,......................................... 2 B. Reviewing and Refining the Noise Element ......................................"....................... 6 I. Noise Element Goals..........................,........:...........................................................6 2. Noise Element Policies to Maintain.....................................,.................................. 9 3. Recommendation for Refined Noise Element Policy........................................... 10 3. Recommendation for New Noise Element Policies.............................................. 11 4. Current Noise Element Programs ..............'........................................................... 11 5. Deletion of Unnecessary Noise Element Policies................................................. 12 Ill. Safety Element ......................,....,...,.....................................:...........................,.......... ] 4 A. The Safety Environment ..................:....................................................................... ] 4 1. Earthquakes ........................,...".........................................,........,..,.............. ......... 14 2. Flooding and Erosion............................................................................................. 19 3, Fires...................... ,:,..,.........................................................,... .............. ................ 19 4. Slope Instability...........,...,......................,......,....................:....... ..............,........... 23 5. Evacuation Issues ............,..............................................,..............................,....... 24 B. Public Safety Agencies......................................:......................................................24 C. Emergency Preparedness..........................................................................................27 D. Public Participation ...,.,.......,.............................,................,..........,.......................,.. 28 E, Reviewing and Refining the Safety Element............................................................ 28 1. Safety Element Goals.........................,.............,....................................................28 2, Safety Element Policies to Maintain.......................,............................................. 29 3. Recommendation for Refined Safety Element Policies........................................ 31 4. Recommendations for New Safety Element Policies ........................................... 35 5. Safety Element Programs...................................................................................... 36, 6. Recommendation for New Safety Proh'fams......................................................... 37 7. Deletion of Unnecessary Safety Element Policies................................................ 38 IV. Next Steps....,.................................. ......................... .................. .........................,........ 40 Appendices: A. Summary of Recommended Noise Goals, Policies, and Programs B. Summary of Recommended Safety Goals, Policies, and Proh'fams Tmvn (~r Tihuron General Plan Update: Tihuron 2020 DRAFT Noise & S({(cty E/emenfs Issues Paper August 2(1)4 Page i . Town (~rTihur()17 General Plan Update: Tiburon 2UJU DRAFT Noise & S{JfC~v Elements issues Paper August ]()(j4 Page ii TOWN OF TIBURON GENERAL PLAN UPDATE: TIBURON 2020 NOISE & SAFETY ELEMENTS ISSUES PAPER AUGUST 2004 I. Introduction The purpose of this Issues Paper is to provide a starting point for the process of reviewing and refining the goals, policies, and prol,'Tams of both the Noise Element and the Safety Element ofthc General Plan by providing information and analysis that will help frame the review and refinement process. In addition, language is proposed for goals, policies, and programs which may be considered for the new General Plan, Tiburon 2020. While the language is written in a "Yay that could be adopted, it is expected that the Planning Commission and Town Council, and members of the community, will otTer changes to the proposed language or their own suggestions, It is from this process that new Noise and satety Elements will be drafted. The Noise Element is one of the seven required elements of a general plan, "The i purpose of the noise element is to limit the exposure of the cOlnmunity to excessive noise levels.'" State law specifically requires that the noise element show noise contours for highways and freeways, and primary arterials and major local streets, and "include implementation measures and possible solutions that address existing and foreseeable noise problems, ifany.,,2 The Safety Element is another of the scvcn required elements of a general plan. "The aim ofthe safety clement is to reduce the potential risk of death, injuries, property damage, and economic and social dislocation resulting from tires, floods, earthquakes, landslides, and other hazards. The safety element must identifY hazards and hazard abatement provisions to guide local decisions related to zoning, subdivisions, and other entitlement permits.,,3 ' I Governor's Office of Planning and Research, Slale (!(Cali(ornia General Plan Guidelines, Octoher 2003, ~. R7. '. . . "Government Code Section 65302(1). ~ Governor's Office of Planning and Research, Slate (~rCal(fhrnia General Plan Guidelines, October 2003, p,90, Town qf'Tiburol1 General Plan Update: 'tihuroJ1 ]0]0 DRAFT Nof:.,'{? & Sqlcly Element\' Issues Paper Augusl 2004 Page 1 II. Noise Element A. The Noise Environment As part of the initial public participation pro!,'fam for the General Plan Update, the Town's "quiet and peaceful" environment was identified by 20% of survey responders as a valued characteristic ofTiburon. Traffic on U.S. Highway 101 and Tiburon Boulevard is the primary source ofnoise in the Planning Area. Occasionally, aircraft flying into and out of San Francisco International and Oakland International Airports fly over the Tiburon Peninsula, Other noise sources inelude garbage pick-up; construction; delivery trucks and the commercial activity' Downtown and at the Covc Shopping Centcr; and boating near Downtown. Thc Town does not havc a fonnal Noisc Ordinance. Existing Noise Conditions Traffic Noise Government Code Section 65302(1) requires that current and projected noise levels be analyzed and quantified for highways, rreeways, primary arterials, and major local streets. The law requires that noise contours, shown in terms of community noise equivalent level (CNEL) or day-night average level (Ldn), be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques. The Town retained acoustic consultants Rosen Goldberg & Der to prepare existing and future noise contours for the Gencral Plan Update. Rosen Goldberg & Der used a two part process to generate the noise contours, First, the firm calculated the A.M. and P.M. peak hour noise level (Leg) along U.S. 101, Tiburon Boulevard, Trestle Glen Boulevard, and Blaekfield Drive using the Federal Highway Administration's Traffic Noise Prediction Model (FHW A RD-77-1 08). The traffic inlonnation that is required lor this model was provided by Crane Transportation Group, the linn which conducted the traffic analysis for the review of the Circulation Element. Adjustments were applied to the calculated peak hour Lcq to obtain the day-night average sound level (Ldn). The adjustments were based on the 24 hour measurements that Rosen Goldberg & Der made along U.S. 101 and Tiburon Boulevard. The two measurements are summarized below. The existing and projected noise level contours are shown in Figures I and 2. TOWIl (!(''f'ihunm General Plan [.Jpdate: Tihltron 20]0 DRAFT Noise & Sq(C(V Elements issues Paper AlIgUS12()()4 Page 2 :' ,-_...-...,.....~ "".....,... -....-.... r ! W C) ~c A w:g , ~::; I-W :I; > C)~ ..: ..: ..: CD CD CD u u u g ll) 0 I I I (ij Q; c.... c: iii eo en (I) (I)~~E~E~ . ._....Oi=f!_-c~ Eoe- (l)Oco m_:JOCQ.lOa. en"'O o.c &.fJ'J~:; m<vOl>",:J..oa. ._ CL c: ;> Q) .... ,oo._o....OE"'O (j)vct---roQ) ._ >' C <l.l 0 Q.l .... "'C ~ID~.cC::OOl~ -0 0..1-00 m,':!!- ._:= -0 ,I; c ~ ~ c E ~oa. _,-o-~ >,:J"Q)co ..o,Q> Q) 0 -or-WEN dI'-O 1:::...... (ijO>.ClI~ o.C:'~ fij-rn Q) ~ 50 :J ii~ E <( E o o .., :iE ~ o ~ N o o ~ W C>~ ~{5 <( W...I <( <( ~:; CD CD CD -0 -0 -0 t-W 0 '" 0 '" J:> '" t-- c>W _...I >- .\'J 8 '" '(3 c '" U: c '" (f) Ji1 ,> ,.~~j ", JI ,~4 ~rcW;~ ;}1~'<'1 "J~: I,!.!.!.~J;.' '~'O(I'~~ ,,~li ,. ~,i' ." :~"'.".-.~~.<'}.'. ,~~~ r,~ ~~1~ ~isr,;~. ':1'<j,sl".m; ii',!'. " . "r!" .;;.Ii rn ~ c ~ ~ en e O.!Q (/) Q.l Q.)::S a>L:~ . .~ Q)~:9:C::"O ~ E <5 0..1-.00 0 c 0 'h-...._cwoo ro :J 0 0 (I) >-::; o~c..ca.:::lCl>c.. roa.Ol::~"".o-o :oo.so......EECl> (/)'Q3cl-_wro-o ._:::..C(l)o_....c o-.J::. ll.lJ!!..c C.Cl g>Q) "0 0.1-.~ ~:o:S c '" '" c E -E e g-... "<t >.:JQ; Co .c.c> E'" 0 ui= Q.l N G.l'O--ottii ro 0 ~~:J a. c.- Q.l C) ~~5a~ G.f-E E 8 .., :1 "' o "' N o o ~ Aircraft Noise The California Division of Aeronautics is in charge of enforcing airport noise regulations for all, airports within the state. The noise standards require that no residences, schools, hospitals or places of worship be within a Noise Impact Area. Thc Noise Impact Area is a line around an airport within which the noise level is at or exceeds 65 dB CNEL.4 At thc request of the County of Marin, San Francisco International Airport has conducted noise mcasurements at Tiburon, Bolinas and PI. Reyes to quantify aircraft overflight noise. The studies have shown that noise gencrated by individual jets reaches maximum overflight noise levels of 45 to 70 dBA at these locations. The aircraft-generated CNEL ranged from 19 to 44 dB in Tiburon. 5 Consideration of Noise Regulation - 2001 In 2001, after hcaring a number of citizen complaints about noise, the Town Council examined the Town's noise regulations and other jurisdictions' approach to noise regulation. Residents had identified the following categories of noise complaints: . Waste management and delivery trucks in Downtown . Construction noisc in residential arcas . Corinthian Yacht Club (located in Belvedere) functions . Amplified music at late hours . Loud cleaning equipment . Loud boats in and around the Corinthian Yacht Club marina . Late night collection ofrecyclable materials in Downtown . Gas-powered lcafblowers in residential areas . Jet skis The Town Council concluded that adopting a noisc ordinance that regulated noise based on decibel levels would bc too difficult to enforce. This conclusion was based on information compiled by Town Staff from jurisdictions which used this approach and informed the Town that because of the complicated nature of the sound-measuring devices and ordinances, they are rarely enforced. .. Instead, the Council endorsed an approach which addrcsscd the discrete causcs.of noise. Following are the actions taken since 2001 by the Town to improve the noise environment: 4 California Department of Transportation, Division of Aeronautics. Answers to CommollZl' Asked Questions Concerning Noise Standards for Ca/((ornia Airports, March II, 2004. 5 Marin Countywide Plan Noise Technical Background Report, April 2002. p. 17. . . Town OITibll1'on General Plan LJpdatc: Tiburo17 20]0 DRAFT Noise &. ,)'a(ety Elements issues Paper August 2111!4 Page 5 . Amended the Municipal Code to limit the time of day that commercial vehicles, including waste management trucks, could operate in Downtown; . Amended the Municipal Code to prohihit the use of gas-powered leaf blowers within residential areas; and . Amended the Municipal Code to ban jet skis in Town waters. These supplemented noise regulations which were already in the Municipal Code prior to 2000 which: . Limits the hours of construction, pursuant to a building permit; . Prohihits habitual animal noise that unreasonably disturbs the peace; and . Requires a pennit from the Town for amplified music or spccial events in none residential zones. Sensitive Receptors Sensitive receptors are those that are most aflected by noise. The California General Plan Guidelines lists schools, churches, convalescent homes, and sensitive wildlife . habitat as sensitive receptors that should be identified in the General Plan. The locations of these sensitive receptors in the Planning Area are shown in Fih'IJre 3, Noise and Land Use Compatibility Guidelines The California General Plan Guidelines include h'IJidelines for noise-compatible land use. The existing General Plan contains a table; Noise and Land Use Compatibility Guidelines, which is consistent with the current state h'IJidelines. Therefore, Staff will recommend that the table be included in the updated General Plan, B. Reviewing and Refining the Noise Element 1. Noise Element Goals Based on the existing General Plan, below arc the recommended goals for the Noise Element. Existing goal numbers are provided, and recommended text changes are given in underline - strikethrough fonnat, with an explanation of why the changes were recommended. N-A: To ensure that residential areas are quiet and that noise levels in public and commercial areas remain within acceptable limits floise levels, ~Re~sioo~forJReco'mmlcnaeal:G,Han~;!;I\mll!IRqmm Minor text change. Town (~(Tihuroll General Plan l.Jl'date: Tiburon 2020 DR.AFT Noise &, Sq(cly Elements Issues Paper August 2()(J4 Page {i ! ;g Ul " :D " '" ~ '" I ~ a. w (f) " 00 u n. " " W a. a. 0 0 ro (f) w "0 W 00 '" 00 " ,Q > ~ '" w .c " ~ <5 " '," !!1 W '" > "" i= . in z , , ..,....\ ...~....... '. .........~ \ >> \ ~ \ g .~._. ~ ,filJ i'( ro c'- di . e O.!a.$ . c :c :J ~ ~.- ~ Q)U)..c.a_"'CO .~ ~ 8..f="i]i 0 5 e- Eo....-CQ)>-:l -:lOOIJ)Q)a. ~-o o.c g-:.D-o ~~Cl::Q)oEQ) .~ 0 c: 0 .......... ro -0 -o_'c~o QJ e;,c CIl~C:Q)c:::C<<l$ E Q)~o.E 1/l.~'6.~ I- "'C .- ._ _ c " E ' "Co. .s2..Qc;3 >,:JQ)Q)Q .o:f! ii; EN ut-oet) ~o~~~ ro c.- Q) ;;:} O-;:C:o<( "0 ~ O:t-E E o o ~ ::;; "' 0 "' N 0 0 >- w ~ ~ ~ <( > ~ ~ ~ Noise Element Noise and Land Use Compatibility Guidelines Land Use Category Residential * Transient Lodging, Motels, Hotels Schools, Libraries, Churches, Hospitais, Nursing Homes Auditoriums, Concert Halls, Amphitheaters Sports Arenas, Outdoor Spectator Sports Playgrounds, Neighborhood Parks Golf Courses, Riding Stables, Water Recreation, Cemeteries Office Buildings, Business, Commercial & Professional Industrial, Manufacturing, Utilities, Agriculture Community Noise Exposure, Ldn or CNEL, in dB 55 60 65 70 75 80 V / / /1 Normally Acceptable Specified land use is sat,isfactory, based upon the assumption that any buildings involved are of normal conventional construction, without any special noise insulation requirements. I><XXXI Normally Unacceptable New construction or development should be discouraged. If new construction or development does proceed, a detailed analysis of the noise reduction requirements must be made and needed noise insulation features included in the design. Conditionally Acceptable New construction or development should be undertaken only after a detailed analysis of the noise reduction requirements is made and needed noise insulation features included in the design. Clearly Unacceptable New construction or development clearly should not be undertaken. *Residential interior noise levels not to exceed 45 dbALdn. N-B and Policy N-2: To 3ugI:;est way" ifl This combines an existing goal and policy v,'hieh existiag aaise proBlems etlfl he which had similar language into a single climinated or reduced. To climimile te the goal. maximtlm exteHt feasiBle unnecessary, excessive and offensive noises from all sources. Policy N-J: To minimize the exposure of This language, which is a policy in the community residents to noise through by current General Plan, is a goal statement. the careful placement aITliHgemeftt of land uses that mav cause noise imnacts Policy N-3: To minimize elimiaatc to the This language, which is a policy in the maximtlm .exteHt fcasihle current noise current General Plan, is a goal statement. impacts from Tihuron Boulevard and other "Eliminate" has been changed to high-volume roads on adjacent land uses "minimize"beeause elimination is an that whieh are sensitive to noise. unrealistic ~oal. 2. Noise Element Policies to Maintain Most policies in the current General Plan will continue to hclp the Town achieve its Noise Element goals. Therefore, it is recommended that those policies be maintained, some with minor text changes, which can be seen in the underline - strikethrough format helow. Policy numbers are from the current General Plan. N-4: The Town should use the Noise and Land Use Compatibility Guidelines . contained herein to determine where noise levels in the community are acceptable or unacceptable. These ad'lisory buicleliHes have Beefl pFeptlfecl B)' the Califerni!l N-5: Where liflflropriate, Environmental reviews (environmental impact reports, initial studiesL;-tlI' negative declarations) of projects within the Tihuron Planning Area should. where appropriate. include an acoustical analysis of the project's potential to cause a noise im act. N-JO: Offroaa Motorized recreational vehicles (including trail motorcycles) shall sh6ulcl he prohibited in off-road areas flflfl prohibited from !lceess te efl" ro!l.tl !lre!lS in the Tiburon Plannin Area. N-ll and N-J5: Hours of use of recreation ;~Re2n~jonjrt8t~ijco=~na;a"ii€l1an"roe;llWlll~~iMt The table which is recommended for inclusion in the updated Noise Element is consistent with the table in the 2003 General Plan Guidelines produced by the Governor's' Office of Planning and Research. Minor changes. More assertive prohibition and removing repetitiveness, These two olicies are combined because Town (dTihurol1 General Plan Update: J'ilmron 2020 DRAFT Noise & Sa(cty Elements Issues PapCl' Augu,<( 2004 Page .9 .~.".,...,<<.'H'_rtiJllllIl_~.~'If!"II!I_ iReits~n~foi\1iRe~omttleiracineir8'Ji2_[i!illil RoliCles ,,'Ill, " '. \.'. :,.?, J, , and commercial facilities should be they both address the potential conflict regulated e8HtrCllled to minimize preHmt bctween commercial areas and nearby offensive noise iH HeigflBoriHg re3ieeHtial residential areas. tlfea~. The TOWA sBoele limit HBi:le levels aAe Beers of Heise gelteflitien fmm e(iffillgereial aetivities in eownto"vfl TiBtlrtlfl .....here fleee33frry to ensure compatibility between such facilities and nearbv residential areas. N-J2: Noise walls, sound walls or any The change is to rcflect that the, purpose of form of solid barricr shall lIfe-te be this policy is to mitigate the visual impact aesthetically compatible with the of a sound wall, surrounding neighborhood MtiHy --:- , N-13: The Town, in conjunction with the The County and other cities and towns also County of Marin and other cities and have policies regarding aircraft noise. towns. should attempt to reduce aircraft tlifj"llttlle !tile hdieeptcr noise over thc Tiburon Planning Area by working with the appropriate federfrl agencies, 3. Recommendation for Refined Noise Element Policy Policy N-6: AcousticalAna(vsis Policy N-6 currently reads:, Policy to be Replaced: The Town should require an acoustical analysis for all projects proposed in areaB where existing noise exceeds normally acceptable Icvels. Such projects should contribute to thc mitigation ofthe existing - and projccted - noise in that area to the cxtent that it would impact the proposed projcct. This policy is intended to require new development in areas where existing noise levels exceed acceptabl~ levels to conduct an analysis and to mitigate the project so that noisc levels within the completed development arc acccptable. The policy should be refined to relate to the Noise and Land Use Compatibility Guidelines which will be ineluded in the General Plan. Staffrecommends the following policy. Recommended Policy: Ifthe projected noise environment for a project . exceeds the standards identified in the Noise arid Land Use Guidelines, the 1'0\1'11 (!( 'f'ihuron General Plan Updafe: Tihuro}1 ]020 DRAFT Noise &. SafcIY Elenll:nts Issues Paper August 2()()4 Page !O Town shall,require an acoustical analysis so that noise mitigation measures can be incorporated into the project design. .3. Recommendation for New Noise Element Policies Downtown Mixed U~e Housing The Housing Element and Downtown Element both recommend allowing a !,'Teater density of housing on several Downtown properties, A substantial portion of the Town's needed affordable housing is anticipated to be constructed in Downtown on mixed-use parcels. The Downtown Element would allow for additional commercial development in Downtown as well. . The elose proximity of new commercial uses with new and existing residential uses can create a potential conflict with respect to noise. New commercial projects in Downtown should be required to minimize the noise impact of business, such as loading areas, heating and cooling systems, and other mechanical equipment, on nearby residential uses. New residential projects should be required to use the best available technology available to minimize interior noise levels. Staff recommends the following policy., ' I Recommended Policy: New projects in Downtown shall, through site design and the use of the best available building technology, minimize the potential noise conflicts between commercial and residential uses, particularly on mixed-usc parcels. Noise and Land Use Compatibility Guidelines Policies of the Gcneral Plan call for use of the Noise and Land Use Compatibility Guidelines to determine where noise levels arc unacceptable, which in turn trigger policies for acoustical analysis. Staff'recommends a more generic policy which addrcsscs appropriatc land use as well, Recommended Policy: The Town should use the Noise and Land Use Compatibility Guidelincs to determine acceptable uses, and to require noise attenuation methods in noise-impacted areas, 4. Current Noise Element Programs Thc currcnt Noisc Element has two programs: onc to develop and adopt a noise ordinance, the other to contact agencies about discouraging aircraft flyovers. Program N-a: Develop and Adopt a Noise Ordinance Pro!,'Tam N-a states that the Town should "develop and adopt a noise ordinance which scts forth specific procedures and actions for the Town to follow in ordcr to implement the Noise Element." The program identifies provisions that may be included in thc ordinance. Town qf'Tihuron General Plan Update: Tihuron ]020 DRAFT Noise & Sqkly Elements Issues Paper August JOI!4 Page I J Since adoption of the current Noisc Element in 1989, the Town has considered and rcjccted adoption of a Noise Ordinance on morc than onc occasion. Most recently, in 2001, the Town Council considered a range of alternatives to address noise issues. The Council rcjected a broad noise ordinance in favor of one which regulates the operation of commercial trucks in Downtown, The Council a~,'reed with the Staff conclusion that rC~,'1Jlating dccibcllevcls is cxtremely difticult to enforce and therefore ineffective, hi 2002, the Town expanded its regulation of the sources of noise pollution, when the Council strengthened an ordinancc banning the use of gas-powered Icafblowcrs in residential areas and limiting the use of the leafblowers in commercial areas, In 2003, the Town hanncdjct ski opcration in Town waters, partly on the basis of noise impacts. Based on Council actions and policy discussions since 1989, Staff believes that the program to develop and adopt a noise ordinance is no longer needed. However, Staff also believes that the approach employcd by the Council to addrcss noise issues has been effcctivc and that, as noise issues arise in the future, the Town move to regulate the noise source. Staff therefore recommcnds the following program. Recommended Program: The Town should periodically assess the noisc environment to identify noise sources that should be regulated to reduce excessive or offensive noise, Program N-b: Contact Agencies to Discourage Aircraft F(vovers Prol,'Tam N-b is as follows: N-b: The Town should contact the appropriate agencies to ensure that they are aware of the Town's poliey discouraging aircraft flyovers of the Tiburon Planning Area. Staff recommends that the policy be included in the updated General Plan. 5. Deletion of Unnecessary Noise Element Policies Policy N-7: Acoustical Ana(vsis Policy N- 7 states that Policy to bc Deleted: The Town should require an acoustical analysis for all proposed projects that have the potential to generate noise through the gcneration oftraflie or through the operation ofthe project. Such projects should contribute to the mitigation of the noise impact wherever it is found by the Town that such impacts are contributed to in part hy the proposed proj eet. Town (!(Tihuro/1 Genera! Plun Update: Tilmrol1 ]020 ~ DRAFT Noise 0.: Safety Elements issues Paper August 2(){)4 Page /2 (i9Vr-(. 4- 1\~~1\GA~JG.l~Ojg)Ij~I1,bbJje ~nJ~oll1~;~t,i\,~jtt, SJ~~"tJ~rp~,~, ' Modified Mercalli Intensity Shaking Severity level "'. ) - r _ X-Very Violent IXNiolent VlIlNery Strong VII-Strong II VI-Moderate D V-Light EB . SourCO: ABAG, 2003 Thoso intonsity maps ma intended lor pltlT1ning use only. and are not intended to be sile-specific. Rilther, they depict t~1e general risk within neighborhoods <md tho relfllive risk from community to community. Intensities Irlay lm incormcllly one unit higl1er or lower. Scale: I inch equals 0.55 miles "'- Map PrUI'<"ed by thll AHAG EIl'thQlIilk" ProfJrIllll Apti12004, Liquefaction Liquefaction is a process by which loose water-saturatcd sands and othcr granular materials suddenly lose strength when shakcn during an carthquake or for other reasons. Thc lurching and sliding which occurs can cause severe damagc to structurcs built upon such deposits. Bay Mud is a common underlying matcrial along shoreline fills in the Tiburon Planning Area, Bay Mud is susccptible to liquefaction. Bay Mud can be huilt upon if the structural integrity rcachcs below Bay Mud to solid undcrbcdding, or if othcr acceptablc methods, such as "floating" foundations, are employed. Figure 5 shows the areas which arc susceptible to liquefaction. Settlement Settlemcnt is caused by the compaction ofloose materials, resulting in a ]oweringofthe surfacc and possible damage to those structures located on top of the matcrials, Settlement can bc accelerated by the groundshaking accompanying earthquakes, Diffcrential settlement, common when part of a building is on a cut surfacc and thc other part is on a poorly compacted till, can cause extensive damage to buildings becausc of uneven soil compaction, Settlement is occurring in the Tiburon Planning Arca wherc development is constructed on Bay Mud. Differential settlement is occurring in areas wherc construction oecurrcd on poorly compacted fills. Structural Failure Under different earthquake scenarios, ABAG has predicted that up to 3,495 housing units in Marin County (about 3 percent) could be uninhabitable in a large earthquake. The loss of three percent of Tiburon's housing stock would result in the loss of 129 units,6 Buildings which are susceptible to thc greatest loss are lands on Bay fill and wood-framc apartments. Older homes are generally more susceptible to structural failure than newer homcs. In addition, scveral of the Town's commcrcial buildings arc located in areas that are suscc-ptiblc to the most violent shaking and liquefaction during an earthquakc, Critical facilities that could bc damaged during an earthquake include the Tiburon Blvd./E. Blithedalc Ave. overpass ofU.S, 101, and several watcr tanks, ineluding the Spring Lane Tank which providcs a significant percentagc of water to the Planning Arca. Water mains would also be susceptible to damage during an earthquake, Figure (, shows the locations of the watcr tanks and the overpass, (, Assumes there arc 3,952 housing units in Tiburon (as of.lanuary I, 2()()4), as reponed by the Caliromin Department of Finance. Town ({Tiburon Genera! 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".'.."", -c;,;Y," '" J "1 ,'- "'" ,,' .,.~ :It;;" '~!k", 'Ai....,~o ' \ '" i "'",O~",",'F'f;~q ""':" /,', ~",", /,\,,i~ ' \\\ .Jf"";.~ 'l;'<=""-~5-.l! '-'1 )1' ,)\ J :~"''' '':-....,''~ """l)r"';;~' " "',\ I fir/) , _:::~!, I'''''" j', '>.,," "k"/ " '<,I ~,~ "\-,-'" \ hi Iff ~ _ 'V~ ' " ~ d"".. < ", I ~"..",..'! ,I -' ~ ;?' I '''':.' I <,' )? 5;.r~'~~,,!,~ ll'/ t:" T'" ~ 'I >}, '~',;",' \,;:/.... J,..f;5JT;~"~';":.:o'" ~ '//(" ;""'~'./;~ffi"{lJf/;/.M '"I' d~r "( /:";"~"d$}'0~O::8 91/ //;'J(,;,.;;" j,,: \ (I It,)' ';jl 'j\'jp.i:~?(.' -...... l;., J ,;;; "", ",.:. \ '~/- -~o;ZI ,,':E I:' II #. f '~'>'-'<''>? )_,,, "0; I r'::-"<;.,::,-;:--" ,^ -' -", \ " , '11,:,1!1 ,. UJ -' -' '" > -' -' .~ (ij c:...o IDenO .E~al C Q) :; IV....... en Q)en:9::o_-go UlClO~'wOOc.. - '- 0.._ c: Q) >- '- E.E500Ul<VE.. ~'O c..c ~:.o'O C)Q)C):!:wOEQ) ro c.. c: 0 '- - ro-o -0 .Q 'c I- '0 ~ 0, c UlQ)CO>c:.oroJ!:! .- > ro ~ ro -- c: f5. ~ o..~.~ = -0._ . c . E ~e.Qcg >- ~ III Q) 0 .cP-~.5~ 'OI-O'-t/l ~ a >-1i ~ tll c:.~ Q) :l g.?;5Cl<( ~ 0 E \l.t-E o o ~ :;> '" o '" N o o ,'\ .# Surface Rupture Surface rupture commonly occurs during earthquakes in California because the earthquakes originate near the earth's surface, Ground on one side of the fault moves relative to ground on the other side, and any structures built across the fault trace will be defonned or destroyed, Displacement can be vertical, horizontal, or a combination of both. Displacement may vary from a few inches to several feet. ,Tsunamis and Seiches Both tsunamis and seiches can be caused by groundshaking or displacement. Tsunamis are great waves that originate in the ocean, and seiches arc waves that originate in closed or semi-closed bodies of water such as San Francisco Bay, Either can cause extensive damage in shoreline areas, In San'Francisco Bay, a tsunami can either enter through the Golden Gate and cause a peak wave run up at the Tiburon Planning Area's shoreline of up to 3 to 4 feet. A seiche occurring within San Francisco Bay could cause a peak wave run-up of up to 6 to 8 fect at the Tiburon Planning Area's shorelines. 2. Flooding and Erosion Flooding' In the Tiburon Planning Area, lands that flood are not common. The areas that flood are found primarily near the shorelines of San Francisco Bay and Richardson Bay. The Federal Emergency Management Agency (FEMA) has mapped two flood zone areas in the Tiburon Planning 'Area: Zone A, with a flooding probability of once every lOO years and Zone B, which has a flooding probability of between once every 1 00 to 500 years (see FigiJre 7). Some areas oflocalized flooding (e.g., ponding) are lightly inundated more frequently but are shown in Zone B, Ponding occurs when development of an area increases beyond the'local drainage system's capabilitY to colleet the runoff. Erosion Erosion is the process by which weathered rock and soil is transported by gravity or by moving water. It can also jJe caused by strong winds. Erosion can ca'use severe damage to structures. Grading and other development activities may incrcase erosion many times above natural levels, 3. Fires Tiburon is susceptible to wildfires, urban fires, and wildland-urban interface fires where the two areas meet. Wildfires often occur on /,'fassy areas, and can spread to nearby dwellings, If the fircs arc unattended or exposed to winds, some forested areas, such as those of eucalyPtus, may be particularly prone to forest fires. However, this problem is limited in the Tiburon Planning Areaby interspersion of woodland areas within open grasslands. Town of Tihuron General Plun Update: rihuron 2IJ2IJ DRAFT Noise &. SafelY Elements issues Paper August 2()(j4 Page 19 C) z c 0 0 oJ II. 0 '1- "0 "0 0 0 'W 0 0 oJ u: u: ED ~ l;; III i= Ql Ql >- . >- 11. , , 0 0 W 0 0 U to II) <( m :::J Ql Ql II) " " 0 0 II) N N <( W 0:: <( ~ ~ ~ W III .~ 0 ~ 2 ~ Q.l::l ~:5 -'0> VI OJ r/) :9 .0 ...... "0 (f.I .-....8..l-iilo5& ~.E:;o~&~~ ....'Oo..c 0..::1.0 0- ~~C'l:;moE"O :O.Q'~:::';:-m~ Ql 0 Q) .... c Ul CQ.lc:O~2 ~ ~ ~~.~]1:o.~ " . OJ C ~ :5e.Qc:~ >-..5'~ Q) CI .0._ 1Il EN ~~O~iil ,--o>'a.::l ell c ~ ill CD g-::5Cl~ o..(::.E E o () w .. :; ~ <0 ~ N <0 o >- 'UJ -' -' <( > -' =' .:2 # The /,'Teatest problem posed by wildfires is the insufficient means of access for fire fighting equipment and personnel to arcas susceptible to such fires, Ideally, such access should 'be provided over all-weather (maintained or paved)roads and over grades no steeper than 15, percent. Urban fires can be a serious problem in older areas of the Tiburon Planning Area, such as Downtown Tiburon. In some older areas, narrow (or no) spaces between buildings can provide opportunities for structural fires to leap from one building to another as well as create barriers to firefighters seeking access between structures. Large parts of the Tiburon Peninsula are either penmmently protected as open space or are private landholdings that are currently undeveloped. Figure 8 shows these areas, which are susceptible to wildfires. The wildland-urban interface is the area where development and structures meet with undeveloped wildland and vegetative fuels. Based on factors including existing vegetation types, probability of fire, and wildland- urban interface settings, the California Department of Forestry and Fire Protection has identified communities which are at risk of wildfire. Tiburon is on the list and scores in the highest threat category7 Peak Load Water Supply' The Marin Municipal Water District (MMWD) provides the entire Planning Area with public water service. Water is provided to the planning area through a network of watcr storage tanks and pipes. Duc to the age and design of the water delivery system, a number of areas have substandard peak load water supply for fire fighting purposes. Downtown is served by older cast iron pipes which are scheduled to be replaced as part ofMMWD's Fire Flow Master Plan in the next two to three years. Currently, the water delivery system is substandard for fire fighting purposes. In the Paradise Drive area, south of Trestle Glen Boulevard, the water main does not deliver the 1,000 gallons per minute (/''Pm) required by the Tiburon Fire Protection District (TFPD) for adequate fire protection.9 In order to improve the fire flow in the gravity system, the six-inch diameter water main would need to be replaced with a larger pipeline. 7 http://www.cafireal1iance.org/communitie:-; at risk.php ~ Based on a discussion with Tiburon Fire D~trkt Battalion ChicfWilliarn Steiger, July 27, 2004. 9 The TFPD requires I ,SOO gpm for developments with homes larger than 3,600 square feet. The TFPD also requires developers to install eight-inch water mains capable of supplying a minimum of 1.500 gpm for two hours to tire hydrants spaced at 350-foot intervals throughout new subdivisions. Town (?( Tihuron General Plan Update: Tihuron 2020 DRAFT Noise & SafelY Elements Issues Paper August 20(!4 Page 2/ ro C..... ~~5~~~Q) 11l~1I):f!.CI_-g~ .-....ot-.jjjOoo. Eoe--C(ll>...... - :J 0 0 11l (ll ::) ~ "0 Cl. C Cl.::)..c 0.. g~o>:=:moE~ .-o.So.....-ro"o ;:Cii ~I-o~ o,c '->m(llc.CIm(ll ~ ~ a.~.!!1 ~:o:5 c . E . c " :se.2'E;g ;...,:l Ql Ql 0 .o:e~EC'.I -gt:D~Vi ".O~a.~ ~ .- Ql ::J g.~5D~ " 0 E Cl.t-E o () -" :!! ~ 6 ~ N 6 .s, ''\,~~"'-'!' "'" . 1 ,,-'''''% . :'. ,\> '" ".; '" < :; " ~ ..,,?,Ji L "<""C-', """, . -_( J_", ""'~.' """.." ""',", """'Jf ""'""", '''~:.. ,"..' ,:C -", ,) '.' ~~\ :\. _ ".--~~~~;/')j:~f';';:;;~-- ~\\~.~~I~ , .. ';', ",", ,.;,' "~'I",{'# \,.,,"~-,ji I, Ii ," "".,,, '{.." ..", 'I ,""jU" 0 'I",;;:;;,'''' '\;-f. tV, ':'?'):;;., ,'i,:E:;}~"i/', /~/'~9~'~:~i~~;~l /J~j'i;""~:;';>' f/},'4'.J"l, ",' "':ji1{// .. ..::.,J '_~ !.!; '.' ~4" , "I "',,z' , , {..I"'//. "",,""+/'/ ."" , ) \;~ ,I 1(,/ 0N/.>-, >>, I i/' ,_ " ~ ,'" ~~;;"- .'''-, 7'~~, ',Ii ' .. '" ...~_ /' k."'".::;lrl';;" ~ (-'/' ''''"" o .# Other areas ofTiburon that are located in higher elevations, such as Centro East and Centro West in Old Tiburon; Hill Haven; the upper parts of Gilmartin Drive and Stewart Drivc; and properties in the middle ridge area, have marginally sufficient water flow. This is primarily a function of elevation, as there is not enough of a difference in the elevation of the Mt. Tiburon tank and the homes it serves to provide the necessary pressure from !,'l"avity. In addition to these areas within TFPD:s service area, MMWD will also be performing pipe replacements in the Eagle Rock area (part of Southern Marin Fire District's service area) that will increase fire flow in that part of the Planning Area. 10 FIRE Safe Marin Following the Oakland Hills fire in 1991; several public agencies and private interests wanted to work together to reduce the likelihood that a similar fire would occur in Marin County. FIRESafe Marin was formed to promote fire safety and stimulate communities to collaborate when solving problems related to wildland fire protection. Among the members ofFIRESafc Marin are the Marin County Fire Department, the Marin Municipal Water District, the National Park Service;PG&E, and the Town of Corte Madera. FIRESafe Marin offers information to property owners about fire prevention as well as coordinating efforts to reduce the threat from wildland-urban interface fires. Morc information can be found at thcir website, www.firesafemarin.org. 4. Slope Instability The hilly landscapc which makes Tiburon such a desirable place to live also exposcs people and homes to the dangers oflandslides and other threats from slope instability, Landslides The downhill movement of soil and rock is termed a landslide. Natural events like heavy. rains and site work such as road building and landscape watering may increase the size, number, or frequency ofJandslides. Earthquakes, particularly after a rainy season, may trigger landslides, Franciscan Melange is a geologic unit (or type) which is highly susceptible to landsliding and which comprises approximately 40%) of the Tiburon Planning Area. There may be large sections of serpentine or !,'1"eenstone within Franciscan Melange, thereby giving the casual observer a feeling of security due to the hard rock, However, thesc pieces of serpcntine or !,'l"eenstone are literally floating in a mass ofJoose, unconsolidated material, most of which is readily subject to landsliding, particularly during groundshaking. 10 Jon LaHaye, Marin Municipal Water District, personal communication, .luly 27,2004. To)vn of Tihuron \ General Plan Update: TihWWl 2020 DRAFT Noise & 5'{{fe~F Elements ]ssu(is PajJer AugusI2(){!4 Page 23 Landslide I>eposits Landslidc deposits may bc remnants of ancient landslides or they may bc moving at a very slow rate called "creep". Ifttiggered by man-made or natural causes. landslide deposits can move dramatically, with potential harm to person's or properti Landslide deposits can bc built upon ifthc structural integrity (e.g., pilings) rcachcs to competent materials beyond the depth ofthe deposit. . Slow, virtually imperceptible soil movement is termed "creep". Even though the movement may only be a few inches per year, the movement still may still rupture pipes, fracture foundations and cventually destroy buildings. Debris Flow Mudslides Debris Flow Mudslides occur along narrow !,'\Illies on slopes between 30 and 40 de!,'fees. During heavy rains, water collects in colluvium.at the top of these gullies and saturates the material to such a de!,'fee that the material can no longer stay in place. The result is that material will "pop" out from the hillside and slide down thc gully. The material gathers speed and size (both !,'found matcrials and brush) and becomes a hurtling mass by the time it reaches the bottom of the !,'\Illy. If the slopes are over 40 degrees, the ground is too steep to become saturated. Ifthe slopes are less than 30 de!,'fees, the force of !,'favity is insufficicnt to bring thc debris flow downhill. Figure 9 shows areas that are likely to produce debris flow mudslides, according to data available from the U.S. Geologic Survey. 5. Evacuation Issues Bccausc the Tiburon Planning Arca is a pcninsula, an emergency in one area of the Tiburon Planning Area could be inaccessible to emergency service personnel and , vehieles due to the limited number of ways in and out of that area, . Thc Tiburon Pcninsula has .onc major arterial (Tiburon Boulevard) and one minor arterial (Paradise Drive) which provide primary road access. Therefore, the susceptibility to road blockages is high. In the event of an area-wide emergcncy, evacuation'ofthe Tiburon Planning Area would be difficult if not impossible. Evacuation traffic on Tiburon Boulevard would cause severe congestion sincc that is the only major access routc for most of the Tiburon Planning Area, B. Public Safety Agencies Tihuron Police Department The Town's Police Department provides a comprehensive system of law enforcement services, including patrol; traffic and parking enforcemcnt; and criminal and non-criminal investigations for thc purposc of cnsuring thc safcty of thc community. The Department coordinates with othcr Town Dcpartments, govcrnment agencies and the community in Town q( Tihuron Genera! Plan Updmc: Tihuron 202(J DRA FT Noise &. 5;aIc,y Elen/ems Issues flll/Jer August 2()(J4 . !-'ag(~ 24 - ........ -- .......'- / ./ ./ ro Q) 4' Q) l.) ~ ::> o if) " o u:: .~ .0 Q) o <f) ro Q) 4' Q) t' ::> o if) C: o z ~ c: Q) o 0.. ~.'D ":.' ':.:>.:.;> ,;C,' - .""'.. .......-. ........-.. .......-. ~ '" '" c o '" "E '" .c o ii' ~ ~ 5o(l)l!!aj ~ID~~~-otJ) <1)oo.o.o_co tncnOfo='Ci)Ooe- .- .... a. c Q.l >-:=1 E..E:; '00 If.I Q) a.. ~-oo..Cg.~.o'O C'lQ)cn3:a>oEQ) ma.co...._co"C :0 .Q .c ..... (5 ~ ~ ~ .!a~~~c:.g.~c .c Q)-L- (/)='0._ I-ua.r-._ l' w E' ~e~c3 ::JCl>Q)o E:e iii EN "O~Oai~ ~O>.o.(J) CD c."!:::: ID::J 0-~50<( ~OE a.I-E o l) -I <f) ro Q) 4' 2l ~ ::> >- o ro if) x.'::;; "0 Q) <f) OJ 0 ro LL-NE let> 0 CJ)~Q).c E~~1- Woo "'C OO!2ffi m c ~ . o.OW>. '0 "rn<.? m C <Il - E 'i:: cr: ~ UJ 0.. cu m U') OJ ~~ cr: ~ .~ CC t :2 >. I ~8J5~~d; ..c: CJ) OO:J: t (j).o cr: .r;,-(f) 8- Q.ffictU(l) CO I... Q) 0 "0,0::: ::;;LL.=~.QQ) "cwco_ WmCQ.l<llU::: Uif)Q)Sl.?Cr-- Q; Q) -a.- if)' Q) m -'..I::. I- a.Q) 0.....2 m 'OT"" if).!:::if)U::J developing and implementing school safety, traffic circulation, and emergency planning prol,'Tams. The Police Department has 15 sworn personnel. The Police Department handled 7,728 calls for service, including criminal investigations, trallic collisions, and suspicious circumstances in 2003. Additionally, thcre were 1,050 moving citations and 4,775 parking citations issued in 2003. Altogether, the over 13,500 calls for service and officer initiated incidents in 2003 represented an increase of I I % over 2002.11 In addition to law enforcement, the Poliec Department is the homc ofthe Tihuron Peninsula's Emergency Operations Center. The Police Department also conducts a numher of community policing and crime 'prevention programs, including . the Drug Abuse Recognition Education (DARE) prol,'Tam, . the "You Are Not Alone" ("Y ANA") program, in which the Town's elderly and disahled citizens arc called to make sure they are feeling well, . the Neighborhood Watch prol,'Tam, . the Business Watch program, . the Home Security Inspections program, . the Operation Identification program, and . the Vacation House Checks prol,'Tam. Tiburon Fire Protection District Most of the Town ofTihuron and the Paradise Drive area are served hy the Tiburon Fire Protection District, a state special district. The Fire District, which has 20 career safety employees, 18 volunteer firefighters, and three reserve firefighters, provides a number of community services, including Thi.\' map shimw the boundaries (~f the Tihuro" Fire Protection Distrid and the Southern Marin Fire Protection Db;trict. 11 TibuTon Police Department, Annual Hero,.1 ]()()3, p. , o. . Fire Prevention (code enforcement, plan reviews, and summer defensible space programs for homeowners), . Public Education (fire and bum prevention pro!,'Tams in schools; CPR, First Aid, and Community Disaster Preparedness classes), . Emergency Medical Services, and . Fire Protection, In 2002, the Fire District responded 10 over 1,500 calls, including 42 fires and 979 medical emergencies. . August 2()()4 Page 26 l.'own (~rTihurol1 General Plan rJpdtllc: TilJlIron 20]0 DRAFT Noise &. Sq{cly Elements Issues Paper Southern Marin Fire Protection District The Southern Marin Firc Protection District is an indepcndent special district establishcd by the Marin County Board of Supervisors on July 1, 1999. Thc district was formed by the consolidation of the Alto-Richardson Bay Fire Protcction District and the Tamalpais Fire Protection District. In February of2004, a .Ioint Powers Ab'feement was enacted, inserting the Sausalito Firc Department as part ofthc District. The District has 56 full-time employees ineluding a Chief, Deputy chief, Administrative Services Managcr, Administrativc Aide, 3 Battalion Chiefs, 9 Captains, 3 Lieutenants, 15 Paramedic/Firefighters and 20 F irefi ghter/Enginecrs. The District serves the areas of Sa usa lito, Tamalpais Valley, Almonte, Homestead Vallcy, Alto Bowl, Strawberry Peninsula and the Tiburon Planning area, generally west ofthe Bel Aire neighborhood, Thc District operates 3 fire stations, including downtown Sausalito, Tamalpais Valley and Strawberry. The District responds to over 4,000 incidents per year, C. Emergency Preparedness Emergency Operations Plan The Tiburon Town Council and the Belvedere City Council have approved an Emergency Operations Plan, which identifies the Town and City's emergency planning, organization, and response policies and procedures. The plan also addresses the intcgration and coordination with other governmental levels when required. Thc objcctive of the Plan is to incorporate and coordinatc all the facilities'and personnel of the Town and City into an efficient organization capable of responding to any emergcncy, from preparation through recovery. The Emergency Operations Plan is an extension of the Marin Operational Area Emergency Operations Plan. This fonnat allows Tiburon and Belvedere to operate and communicate more effectively in multi-jurisdictional rcsponses, The Operations Plan will continue to bc rcvicwed, exerciscd periodically, and revised as necessary to meet changing conditions. Local Hazard Mitigation Plan The Federal Emcrgency Managcmcnt Agency (FEMA) .administers two hazard mitigation programs, thc Pre-Disaster Mitigation Competitive Program which funds hazard mitigation projects and planning beforc a disaster has oecurred; and the Hazard Mitigation Grant Program, which is implemented only after a fcdcrally dcelarcd disastcr has occurred. Town (d'Tiburon General Plan Update: Tiburoll 2020 DRAFT Noise & Sqfery EJemC11IS issues Paper AugUSf 2()()4 Page 27 The Disaster Mitigation Act of 2000 requires local governments to have a completed Local Hazard Mitigation Plan to receive many of the funds !Tom FEMA's hazard mitigation programs. The deadline for adoption of this plan is November 1, 2004, Thc Association of Bay Area Governments (ABAG) has received a h'Tant !Tom FEMA to complete the required Local Hazard Mitigation Plan for all of the cities and counties in the Bay Area as a regional plan. ABAG will develop a "template" plan that is intended to be flexible in the ways local governments can use the inf(mnation for development of local plans, or adopt the regional plan with minimal changes. The Town is currently working with the County of Marin Officc of Emergency Services to develop a plan to be adopted by local agencies in Marin County. D. Public Participation As part of thc public participation program which started thc Gcncral Plan Update process in thc summcr of 2002, 15 pcrcent of respondents to a survey and participants in community workshops identified the safe community and lack of crime as a valued' characteristic of Tiburon. Additionally, thc two goals below, which wcrc bascd on the existing General Plan, were scored as very valuable by survey respondents. . Have response plans for large-scale emergencies, such as earthquakes. . Guide development away !Tom hazardous arcas, such as unstable slopes and flood- pronc areas. E. Reviewing and Refining the Safety Element 1. Safety Element Goals Based on the existing General Plan and the input received !Tom the public participation process, below are the recommended goals for thc Safety Element. Existing goal numbers are provided, and recommended text changes arc givcn in underline - strike~ through fonnat, with an explanation of why the change was recommended. SE-A: To identify and !,'1lide development away from hazardous areas tlfld to btlide ~!Re'simr!;f()r~Reeom$men,(fc(U€'Il\ane1Iltl15-Yim;:~~i;~: Rearrangement ofthe sentence. SE-B: To ensure efle6t1ftlgc safe subdivision and buildin1! efl'iiffiflHlefltaJ desi 'n, SE-C: To encourage disaster preparedness planning for ef1ective emer1!ency response and ' . to rotect ublic To tie the goal more directly with a safe built environment. To reflect input !Tom public participation proh'Tam, in which response plans werc hi 'hlv valued. Tovm (!(" TihurOll General Plan Update: Tihurol1 20]0 DRAFT Noise &. Sqfby Elc.mel1fs'/sSllCS PafJ(~" August 2()()4 Page 28 !rtRtas()n{;fo~R~co\mmenaed~tiI~~'jrel~~llin~~m Goal SE-D of the existing Safety Element, "to establish an area-wide approach for dealing with hazards", refers to establishing procedures to make sure that development occurs in a manner whi ch reduces the potential dangers from hazards. Those procedures are currently in place and the goal has been achieved. 2. Safety Element Policies to Maintain Many policies in the current General Plan will continue to help the Town achieve its Safety Element goals. Therefore, it is recommended that those policies be maintained, some with minor text changes, which can be seen in the underline - strikethrough format below. Policy numbers are from the current General Plan. SE-3: The Town shan work cooperatively with the local Fire District)! and other agencies to ensure the safe delivery of emergency services and the effective evacuation of the community in the event of a disaster. , SE-4: 'Nhere Jlflfeels 6r lets are alreooy ae',el6Jled, The Town shall require construction to be designed to avoid. reduce. or eliminate geologic and non- eolo'iehazards. SE-7: The Town should help owners of developed property to recognize their responsibility to repair unstable slopes, install drainage facilities and take other measures that wffieh may reduce potential safet hazards, SE-II: The Town shall require new development and/or construction. where feasible. to be outside Special Flood Hazard Areas (which are defined by FEMA as areas that would be inundated by a flood having a ] % chance of occurring in anv given vear), Construction proposed within Special Flood Hazard Areas shall comply with the Town's Flood Damage Prevention Ordinance (Municipal Code Chapter l3D), aHY area ".vithiH the rEM,^. lOO year Flo6a {:,. ~<'l"d$1J0;;;;i;~I'i!"-miiliT.<"'1i;;;$iWWdli3IEWYJ;i;"'m;t~'l1"."'"jli1?;gffl~:ij).l;wr~I:;~'W';!'k'jii ;iReasonllfor,.iRecommended,Blian .e 1lllUil'l!,lil Minor changes. The policy should apply generally to all construction. Minor change. Update the definition of Special Flood Hazard Areas and reference the Town's Flood Damage Prevention Ordinance. Town of Tiburo}1 General Plan Update: Tiburon 2020 DRAFT No;,'\(: & Sq/Cty Elements Issues Paper August 2004 Page 29 SE-12: The Town shall require structures constructcd adjaccnt to areas subjcct to thc I OO-year tidal flood to be protected from destructivc wavc action. SE-16: Thc Town shall require eneOHra~e provision of defensible space fuel break:! in all projects where fire hazard is possible, On-going maintenance of dcfensible space fiwl break buflers in new development projects shall be assured in a fonn satisfactory to the Town and the Fire Districts prior to construction of im rovements. SE-17: New development shall provide sufficient water supply and equipment for domc~ltie '/later H:le, if! i~ation tlfla fire suppression aaeqH!lte tCl sCf'I'e new ae',elClpment by the time ne'Ji ae'iel6pment is e6n3trueted, to ensure thato a. The reqHirements of the Tiburon Fire pfOteetion Distriet flIld !he :.Ilcl Richardson Bay Fire District arc met. IT. the requirements for minimum fire flow and the size, type and location of water mains and hydrants set flllih in the Unifonn Fire Code and by local ordinance in all el{istin~ and new developmont areas are met. e. rire supprc~si6n :,ystems stICh as fire hydnlllt:l and 3j'JriRlders are pro..ided in SE-2(): All new developments within areas of insufficient peak load water supply shall contribute to the construction of a new, or up/,'Tading of an existing, water delivery svstem for fire-fi 'htin' u oses tlinl" The . Town q/,Tilmro!1 General Plan UfJdatc: lYhurol1 2020 DRAFT Noise & Safc~v Elements issues Paper Minor change. Defensible space is a more contemporary tenn which has a similar meaning as fuel- breaks, The fire protection districts should be ineluded in detennining the appropriate size and maintenance of defensible space. Changes to focus on fire fighting and to remove the sections of the policy which the Town ensures through the development review and environmental review processes. The changes were made to acknowledge that a water tank may not be the only infrastructure needed for an adequate water delivery system and that a developer could only be required to contribute a fair Augus! 2(J()4 Page 30 ''in''? ;'ii!lI!rllllill!';l!f'-~-I!\N.~R:'-'~!li!<ilj";'1;:!ir;nl~HM~""'''a:."l!'ii'-iI";"-'!MI;:i]l<i!lt,*i)-!imI1lMWiHr.~. NjJl\.,eaSOD;lOrrtl ecommenuc t~an Cjj',nf;,fi!f;itflillkm proportion to an improved water supply s stem. 3. Recommendation for Refined Safety Element Policies Policie.~ that are Standard Town Procedure A number of policies in the current Safety Element are statements of specific strategies the Town uses during the development review and environmental review process to ensure that possible impacts of hazards arc adequately addressed. Staff recommends that these policies be refined to be put in language more suitable for the General Plan. The table below provides the existing General Plan policy and Staff's recommended replacements for these policies. uron GEOLOGIC/SLOPE STABILITY HAZARDS SE-2: Applications for development shall provide substantial evidence (in the fonn of soils reports, grading plans, and other documents) that the proposed development poses no hazard to the project itself or o'ther areas, SE-8: New development within. the Town should be required to mitigate any threats to persons or property during the development process by thc rebuilding of unstable slopes, installation of drainage improvements, installation of vegetation, and/or other measures. SE-9: As part of any application for a General Plan amendment, rezoning, subdivision or new building pennit involving struCtural or foundation work, a sub-surface geotechnie examination and report by a certified engineering geologist may be required if deemed necessary by the Town Engineer. This geologic examination and report may require: a, Sub-surface observations (ineludin ' , Town (?( Tiburon General Plan Update: Tihuron ]020 DRAFT Noise &. Sufi.!lY Elements Issues Paper Recommended Policy: The Town shall continue to require geotechnical studies for development proposals which detennine the actual extent of geotechnical hazards, optimum design' for structures, and special requirements for the sites, Recommended Policy: Development proposed within arcas of potential geologic hazards shall not be endangered by, nor contributc to, thc hazardous conditions on the site or on adjoining properties. Recommended Policy: Development in areas subject to soils and geologic hazards shall comply with the Town's Landslide Mitigation Policy. The Town shall require physical improvements to landslides and to potential landslide areas in instances where avoidancc is not fcasible or appropriate, as detennined through the development review process. AlIgllsI2UU4 Page 3 J ~E'. .iist"'" ~ln ,'iR. ace drilling to establish bedrock if deemed , nccessary hy the Town ofTiburon) to consider the potential, on the entire slope face, both on and adjacent to the subject property, for ground failure, erosion, subsidence, differcntial settlement, and any other adverse environmental effect. b. Recommendations for restrictions on development where development poses a hazard and propose mitigation measures f()r hazardous conditions, c. Reference to all geologie safety concerns and events discussed in the Safety Element as they relate to the subject property. The geologist's review shall contain specific remedial actions which may be incorporated into any findings made when approving (or denying) a project. SE-](): Appoint a certified engineering geologist to review proposed building sites as part of the EIR review process. SE-21: Require developers to use specially engineered foundation designs, with approval by the Town Engineer, on all development in areas with high shrink- swell potential. SE-22: Require developers to use specially engineered slope confih'1lrations, footings andf(lUndations, retaining walls, and subsurfacc drainage system on all devclopments in arcas having unstable or potentially unstable slopes or substrate or avoid the development of such areas after en~ineered study. Town ofTiburol7 General Plan Updalc: rUn/ron JO]O DRAFTNfJise &. SafelY Elements Issues }Japcr A ugusl 2(J(j4 Page 32 FIRE HAZARDS SE-14: Require rcvicw by local fire Recommended Program: Through the districts of all proposed lot splits, , development .review process, the Town subdivisions and other land development shall continue to 'require rcvicw by the for fire protection purposes. appropriate Fire District for fire prcvention considerations. , Combination of Policies SE-I and SE-5: Reducing Environmental Hazards Policy SE-I of the General Plan is: ,f:xisting Policy to be Replaced: To reduce environmental' hazards by requiring proper development, adopting effective zoning regulations and. introducing a public information prol,'fam. and Policy SE-5 is: existing Polic)! to be Replaced: Require new construction to be located, to the maximum extent feasible, in areas where there are no geolol,ric and non-geologic hazards. These two policies implement the Town's goal of guiding development away from hazardous areas. Much of the Planning Area's remaining undeveloped land has areas of environmental hazards. Staff believes that the proper test for development with respect to safety is whcther the hazards can be adequately mitigated. Therefore, Staff recommends the following policy. Reepmmended Policy: The Town shall permit developmcnt only in those areas where potential danger to the health, safety, and welfare of the residents'ofthe community can be avoided or adequately mitigated. Refinement of Policy SE-13: Storm water Runoff Policy SE-13 currcntly reads: Existing Polic)! to be Replaced: Require, as a condition ofprojeet approval for land divisions, a study of the proposed drainage system for the dcvelopment; effects of any additional runoff on other drainage systems, the ability of said drainage systems to convcy runoff volumes generated . by the I DO-year storm, and recommendations f(lr compliance with Town dcsib'11 standards, Recommendations of the study may be implemcntcd prior to project construction. To the extent that each property owncrs is responsible for excceding the capacity of thc existing system, he/she should be respon,sible for the cost of improvements to the system. Require Town (~rTiburon General Plan Update: Tihuron 2020 DRAFT Noise & Sqkly RlemenlS Issues Paper August 2004 Page 33 that on-site detention and/or disposal of runoff volumes be equal to existing runoff volumes from proposed development sites to prevent any increase in runoff beyond that existing for the 1 OO-year storm. This policy's language provides a detailed description ofa process for evaluating and mitigating impacts related to inerea~ed stormwater runoff resulting from development. Contained within the existing policy arc three policy objectives. Staff recommends that these be included as three policies in the updated General Plan. Recommended Policy: Drainage facilities in new subdivisions shall be designed to accommodate a JOO-year storm. Recommended Policy: On-site detention and/or disposal of storm water runoff shall be utilized to ensure that runoff volumes from a site resulting from a I OO-year storm are not increased by new subdivisions. Recommended Policy: To the extent that new subdivisions are responsible for exceeding the capacity of any existing stormwater drainage system, the applicant shall be responsible for the cost of improvements to the system such that the capacity is not exceeded upon project completion, Other statements in the policy describe how these policies are to be met. Statl'believes that it is not necessary or appropriate in a General Plan to prescribe the process. The current storm drain system may not be sufficient to accommodate the amount of runofflikcly to be generated by new impervious surfaces in the foreseeable future. Without significant drainage improvements, the Town's storm drain system may deteriorate to a point where flooding and property damage would occur. To address this issue, the Town adopted a Stormwatcr RunotTImpaet Fcc in April 2004 to upgrade, enhance, and/or rehabilitate the Town's storm drain system to accommodate additional runoff resulting from the creation of new impervious surfaces. Staff recommends that the General Plan include the following policy. Recommended Policy: To offset the increased demand on the capacity, operation, and sustainability of the storm drain system, the Town shall implement the Stonnwater Runoff Impact Feeto uPb>rade, enhance,and/or rehabilitate the Town's storm drain system. Policies SE-15 and SE-19: Emergency Routes System Policy SE-15 of the Safety Element is: Existing Policy to be Replaced: Establish a system of emergency routes to: Town (~f" Tihuron General Plan lJjJdatc: Tibw'017 202U DRAFT Noise & S({(Cly Elenw11Is issues Paper August 2()()4 Page 34 a. Provide a secondary means of access for all portions of thc Tiburon Planning Area including consolidation of watcr acccss routes, b. Ensure fire protection access via public streets or fire roads to all areas of development, both constructcd and under construction. \ and Policy SE-19 is: Existing Policy to he Replaced: Whenever practical, require all developers to provide at least two acccss routes for fire-fighting equipment for all proj ects. Thesc policics arc intended to ensurc that all arcas ofthc Planning Arca can bc reach cd by emergency vehicles and pcrsonnel. Staff supports the objective of the policies, but helieves that SE-] 5 is too specific in its recommendations and that SE-19 is rcdundant with SE-15, Additionally, access issues must be a cooperative effort of the Town and the fire districts, as well the various agencies which have jurisdiction or own land within the Planning Area, such as the County of Marin and the County Open Spacc District. Staff therefore recommends the following policy as a refinement. Recommended Policy: The Town shall work with the Fire Districts and other agencies to maintain adequate access, including secondary access, to all areas within the Planning Area. 4. Recommendations for New Safety Element Policies Along with development policies to prevent or reduce the consequences of natural disasters, it is appropriate to include the actions of the Town which address public safety in the Safety Element. Policing The puhlic participation program rcvcaled that thc lack of crimc is a valued characteristic ofthe community. As described in the discussion of the public safety agencies ahove, thc Tihuron Police . Department conducts a numbcr of community policing and crime prevention programs, These programs hclp the Police Department stay involved'with thc community and keep crime levels low. Staff recommends the following policies in support ofthe Policc Dcpartment. Recommended Policv: Thc Town shall maintain an adequate and cost- effective police scrvice to protect the community. Town o/Tihuron General Plan update: Tihuron 2020 DRAFT Noise & Safet.\! Elements Issues Paper August 2()()4 Page 35 Recommended Policy: The Police Department shall continue to implement community policing and crimc prcvcntion programs to strcngthen relationships between the Departmcnt andthc community, Emergency Preparedness The Tiburon Peninsula's Emergency Operations Center (EOC) is located within the Tiburon Police Department. The EOC is used as the central location for gathering and disseminating information, coordinating emergency operations, and coordinating with thc Marin Operational Area Emergc'l1cy Operations Center in the event of an emergency, The Town, along with the City of Belvedere, has also adopted the Emergency Operations Plan, which identifies the Town and City's emergency planning, organization, and response policies and proccdurcs. Staff recommends the following policies related tt) emergency preparedness. Rccommended Policy: In coopcration with othcr public agencies and appropriate public-interest organizations, the Town shall ensure that it is prepared to effectively respond to a disaster. Rccommcnded l'olicv: The Town shall makc provisions to continue essential public services during and after natural and other disasters. 5. Safety Element Programs The existing General Plan includes four implementing programs. SE-a called for the Town to adopt and implement a process for the retention of an independent certified engineering geologist to review proposed building sites as part of the development review process, ,Program SE-b was for the Town to adopt a subdivision ordinance to reduce Iiahility of the Town by requiring the avoidance of developer-huilt drainage systems requiring maintenance, accepting developer-built drainage systems where necessary only after ensuring the systems meet Town standards, requiring the filing of rules and regulations covcring drainage system maintenance hy home owners associations, and evaluating potential open spacc arcas for potential hazards before accepting thcm. These pro!,'Tams have been completed since the adoption of the General Plan. Program SE-e is a good ongoing program which Staffrecommends he carried into the new General Plan. Tmvn (~rTi!Juron General Plan Update: Tiburon 2020 DRAFT Noise & ,)'({(Cly Elemenls issltes Paper August 2()04 Page 36 SE-c: Where possible, the Town should advisc residcnts ofthc Tiburon Planning Area of ways that they can reducc geologic, fire and flooding hazards. Program SE-d encourages the Town to "make the Tiburon Emergency Plan part of the General Plan," The Emergency Operation.~ Plan is an important working document. The Town is activcly implementing the Plan through annual review and update ofthe Plan, maintaining and improving the Emergency Operations Center and training the statls of thc Town and City of Belvedere. The Town also conducts practice exercises with the Marin County Office of Emergency Services, Incorporation of the Emergency Operations Plan into thc General Plan would require a General Plan amendment every time new intormation is available and changes are made, Therefore, Staff recommends that the Emergency Operations Plan not be included in the General Plan. However, updating the program to reflect the Town's ongoing commitment to cmergency planning would be appropriate. Recommended Program: The Town shall continue to review and update the Emergency Operations Plan to ensure that'it remains up-to-date, 6. Recommendation for New Safety Programs Reducing Fire Ha,.ard on Open Space Land Thc Town of Tiburon owns a considerable amount of open space I and, with large holdings adjacent to Ring Mountain and in the Middlc Ridgc Area. Thesc areas are predominantly grass lands, which are susceptible to fire. As part ofthc discussion of the Open Space & Conservation Element, the Planning Commission and Town Council recommended inclusion of an open space management plan, including funding sources and a budget item. One Couneilmember said this was particularly important to control fire hazards. Staffrceommends that tollowing program bc included in the Safety Element. Recommended Program:. As part of an Open Space Management prol,'fam, thc Town shall develop a plan, including funding sources and/or other opportunitics, such as volunteer l,'fOUPS, for reducing firc hazards and maintaining firc roads on Town-owned open space, Local Hazard Mitigation Plan The Town, like all local governments, is rcquired to have a completed Local Hazard Mitigation Plan by the Disastcr Mitigation Act of2000 (see discussion above). Concurrent with the update of this General Plan, ABAG will be preparing a regional plan Town ofTihuron General Plan Update: Tihuron 2020 DNA FT Noise & S(~[cty Elements Issues Paper August 2()()4 Page 37 which will address this'requirement and thc County of Marin will be coordinating thc local governments in the County. Staff recommends the following program if the General Plan is adopted prior to thc completion of the rel,,>ional plan, Recommended Program: The Town shall adopt a Local Hazard Mitigation Plan to comply with the federal Disaster Mitigation Act 01'2000 and maintain eligibility j{)r hazard mitigation funding from FEMk 7. Deletion of Unnecessary Safety Element Policies Policy SE-6: Development on Steep Slopes Policy SE-6 is: Policy to he Deleted: Thc Town shall avoid approving developmcnt on slopes cxceeding 40% wherever possible in order to reduce the impact to the original topography from grading and alteration of topography for drainage purposes, This policy is essentially the same as existing Open Space & Conservation Policy OSC-7, to discourage development on slopes exceeding 40% wherever possible, which is recommended for inclusion in the updated General Plan, The policy in the Safety Element provides two reasons j()r this policy: to reduce impact to topography and to reduce impact on drainage patterns, Staff believes these reasons should be ineluded in the Open Space & Conservation Element policy and that the policy is more appropriately an open space and conservation policy instead of a safety policy. Policy SE-18: Addressing Existing Substandard Conditions Policy SE-18 addresses conditions which would not meet subdivision standards if they were proposed today. These conditions occur in the areas ofthe Planning Area which are the oldest, when devclopmc'l1t occurred before the safety standards of today were established. The policy is below. Policy to he Deleted: Encourage provision of the following: a. In are,as of narrow roadways, on-street parking be limited on travel ways above 20 feet in width and prohibited on travel ways under 20 feet in width. b. ln areas where narrow or no spaces exist between buildings, an adequate setback to meet safety requirements should be required with new construction and/or development. Town (~rJ'jburon General Plan Update: TUn/ran ]020 DRAFT Noise & S({(efy Elements issues Paper Augllsl ]()()4 Page 38 c. In areas with insufficient water prcssure for fire fighting purposes, new. waterlines must be provided with new construction and/or development. Section "a" of this policy is addressed in Municipal Code Section 23-34, which regulates parking on narrow streets. The Code requires that at least 12 feet of unimpaired roadway be left to the side of any parked car. Section "b" applies to older construction in areas like Downtown where neighboring buildings have shared walls, or older residential areas where there arc narrow spaces between buildings. The Town implements the California Building Code, which has standards for fire safety depending on the use and type of building, Fire safety is improved over time as these standards are implemented when buildings are improved, Section "c" is similar to existing Policy SE-20, which is being recommended for inclusion in thc updated General Plan, and is therefore. not necessary as a separate policy. Policy SE-23: Engineered Supervision Policy SE-23 is: Policy to be Deleted: Rcquire engineered supcrvision of construction in all dcvelopment areas having unstable or potentially unstable slopes or substrate or to avoid development of such areas to the 6'featest extent possible after engineered study. It is unclear what "engineered supervision" entails, Construction of approved development projects must comply with approved plans. The Town's building inspection services ensure that construction is done according to approved plans. This policy is essentially redundant with those which state the Town's objective of avoiding unstable slopes. . Policy SE-24: Special Permits for the Use of Explosives Policy SE-24 calls on the Town to: Policy to be Deleted: Require special permits to be reviewed and issued by the Town Engineer prior to use of explosives for blasting purposes on any project. Site development in Tiburon does not typically include the use of cxplosives for blasting purposcs, This policy addresses a problem which does not exist in Tiburon, and thcref(Jre is recommended for delction. Town (?( Tihuron General Plan Update: Tibllrol1 2020 DRAFT Noise & Sq{ery Elements Issues Paper August 21104 Page 39 IV. Next Steps This is the final issues paper, and the conclusion ofthc Goal, Policy, and Prol,'fam Refinemcnt stage of the General Plan Update, Public meetings will he held hefore the Planning Commission and Town Council to discuss the rccommcndations contained in this issues' paper. The final stagc of the General Plan Update, the consideration of thc Draft General Plan, Tihuron 2020, and the Draft Environmental Impact Report will take placc . early in 2005. The Draft General Plan and Draft Environmental Impact Report will be published and the subject of a final series of hearings hefore final adoption of the plan. This process is scheduled to concludc in March 2005. Town (~( Tihuron Genera! Plan Updall': Tihuron 20]0 DR.AFT Noise; & S(~re1.F Elerne11ls Issues Paper August 2()()4 Fage 40 Appendices A. Summary of Recommended Noise Goals, Policies, and pf()!,'Tams B. Summary of Recommended Safety Goals, Policies, and Programs APPENDIX A: SUMMARY OF RECOMMENDED NOISE GOALS, POLICIES AND PROGRAMS This is a summary of the noise goals, policies, and programs recommended in the Noise & Safety Elements Issues Paper. Policies are given numbers in this Appendix. Where a goal, policy, or proh'fam is carried over from the existing General Plan, the current policy number is given in parentheses. GOALS N-A (N-A): To ensure that residential areas are quiet and that noise levels .in public and commercial areas remain within acceptable limits. N-B (N-B and Policy N-2): To eliminate or reduce unnecessary, excessive and offensive noises from all sources. N-C (Policy N-l): To minimize the exposure of community residents to noise through the careful placement ofland uses that may cause noise impacts. N-D (Policy N-3): To minimize current noise impacts from Tiburon Boulevard and other high-volume roads ,on adjacent land uscs that are sensitive to noise. POLICIES. N-l (N-4): The Town should use the Noise and Land Use Compatibility Guidelines contained herein to determine where noise levels in the community are acceptable or unacceptable. N-2: The Town should use the Noise and Land Use Compatihility Guidelines to determine acceptable uses, and to require noisc attenuation methods in noise-impacted areas. N-3 (N-5): Environmental reviews (environmental impact reports, initial studies/negative declarations) of projects within the Tiburon Planning Area should, where appropriate, include an acoustical analysis of the project's potential to cause a noise impact. N-4 (N-6): lfthc projceted noise environment for a project exceeds the standards identified in the Noise and Land Use Guidelines, the Town shall Town o/Tiburo17 General Plan Update DRAFT Noise & Safety Element fssl-ws Paper Appendix A . August 2004 PageA-/ require an acoustical analysis so that noise mitigation measures can bc incorporated into the project design. I ' N-5 (N-]()): Motorizcd rccrcational vehiclcs (including trail motorcycles) shall be pro)1ibited in on~road areas in the Tiburon Planning Arca, N-6 (N-ll & 15): Hours of use of recreation and commercial facilities should bc rcgulatcd to minimizc offcnsivc noisc to cnsurc compatibility between such facilities and ncarby rcsidential arcas, N-7 (N-12): Noise walls, sound walls or any form of solid barrier shall be aesthctically compatiblc with thc surrounding ncighborhood. N-8 (N-13): The Town, in conjunction with the County of Marin and othcr cities and towns, should attempt to reduce aircraft noise over the Tiburon Planning Area by working with the appropriate agencies. N-9: New projects in Downtown shall, through site desi!,'11 and the use of thc bcst availablc building technology, minimize the potential noisc . conflicts between commercial and residential uses, particularly on mixed- use parcels, IMPLEMENTING PROGRAMS N-a: The Town should periodically assess the noise environment to identify noise sources that should be regulated to reduce excessivc or offensi ve noise. N-b (N-b): Thc Town should contact thc appropriate agencies to ensure that they are aware of the Town's policy discouraging aircraft flyovers of thc Tiburon Planning Arca. . Town oITiburon Genera! Plan {./pdale DRAFT Noise &. S4(cty Elernenllssues Puper Appendix A August 2(J()4 Page A-2 APPENDIX B: SUMMARY OF RECOMMENDED SAFETY GOALS, POLICIES AND PROGRAMS This is a summary of the safety goals, policies, and programs recommended in the Noise & Safety Elements Issues Paper. Policies are given numbers in this Appendix. Where a goal, policy, or prol,'ram is carried over from the existing General Plan; the current policy number is given in parentheses. GOALS SE-A (SE-A): To identify and l,'Uidc development away fTom hazardous areas. SE-B (SE-B): To ensure safe subdivision and building design. SE-C (SE-C): To encourage disaster prcparedness planning for effective emergency response and to protect public safety. POLICIES SE-l (SE-J & S): The Town shall permit development only in those areas where potential danger to the health, safety, and welfare ofthe residents of the community can be avoided or adequately mitigated. SE-2 (SE-4): The Town shall require construction to be designed to avoid, reduce, or eliminate geologic and non-geologic hazards, Geologic/Slope Stability Hazards SE-3: The Town shall continue to require geotechnical studies for development proposals which determine the actual extent of geotechnical hazards, optimum desil,'11 for structures, and special requirements for the . sites. SE-4: Development proposed within areas of potential geologic hazards shall not be endangered by, nor contribute to, the hazardous conditions on . the site or on adjoining properties. SE-S: Development in areas subject to soils and geologic hazards shall comply with the Town's Landslide Mitigation Policy. The Town shall Town ofTihllron Genera/ Plan 1.1pdat(! DRAFT Noise & S(~.re(v Element Issues Paper Appendix II August 2004 Page S.1 require physical improvements to landslides and to potential landslide areas in instances where avoidance is not feasible or appropriate, as detcrmined through thc development review process. SE-6 (SE-7): The Town should help owners of developed property to rccognize their responsibility to repair unstablc slopes, install drainagc facilities and take other measures that may reduce potential safety hazards. Flood Hazards SE-7 (SE-ll): Thc Town shall requirc new dcvelopmcnt and/or construction, where feasible, to he outside Special Flood Hazard Arcas (which arc dcfincd by FEMA as areas that would bc inundatcd by a flood having a I % chance of occurring in any given year), Construction proposed within Special Flood Hazard Areas shall comply with the Town's Flood Damage Prevention Ordinance (Municipal Code Chapter I 3D). SE-8 (SE-I2): The Town shall require structures constructed adjacent to areas subject to the I OO-year tidal flood to be protected from destructive wave action. SE-9 (SE-13): Drainage facilities in new subdivisions shall be desi/,'Tled to accommodate a I OO-year storm. SE-JO (SE-13): On-site detention and/or disposal of stormwater runoff. shall be utilized to ensure that runoff volumes from a site resulting from a ] OO-year storm are not increased by new subdivisions. SE-ll (SE-13): To the extent that new subdivisions are responsible for exceeding the capacity of any existing stormwater drainagc system, the applicant shall be responsible for the cost of improvements to the system such that the capacity is not exceeded upon project completion. SE-12: To offset the increased demand on the capacity, operation, and sustainability of the storm drain system, the Town shall implement the Stormwater RunofTlmpaet Fee to up/,'fade, enhance, and/or rehabilitate the Town's storm drain system. Fire Hazards SE-13 (SE-3): The Town shall work cooperatively with the local Fire Districts and othcr agencies to ensure the safe delivery of emergency . Town n.fTiburnn GCl1cralIJf(1f1 Update DRAFT Noise & S(~rely Element Issues Paper Appendix B A ugusl 2004 Page B-2 STAFF REPORT AGENDA ITEM q Town of Tiburon TO: Mayor and Members of the Town Council FROM: Kevin Bryant, Advance Planner SUBJECT: Solar Panel Policy REVIEWED BY:~ MEETING DATE: September 15, 2004 BACKGROUND At a General Plan Update public hearing discussing the Open Space & Conservation Element, the Town Council was unanimous in its support for applying to private projects a recommended policy for the Town to improve energy efficiency and reduce resource consumption in Town- owned facilities, The Town has also recently considered installing a Photovoltaic System on the roof of Town Hall. Ata meeting in April, the Council directed Staff to develop a solar energy policy prior to considering the system for Town Hall. The proposed Policy for Solar Collector Panels (Exhibit A to the Resolution) is intended to implement the direction of the Town Council. ANALYSIS The proposed Poiicy for Solar Collector Panels has three objectives: to provide an incentive to use solar technology, to provide design guidelines for the use of solar panels, and to formalize the design review process for the installation of solar panels. Incentive Community Development Staff believes that waiving building permit fees is the most effective way for the Town to encourage the installation of solar panels. A complete fee waiver, as opposed to a partial waiver of permit fees, is easier for Building Division staff to implement, and the benefit is clear to the community. Additionally, the cost to the Town would be minimal. Below i9 a table which demonstrates that implementation of a policy of waiving building permit fees would not result in an appreciable decline in building permit revenues. During the last fiscal year, solar projects accounted for only 1.2 percent of total building permit revenue. TOTAL SOLAR TOTAL PERCENT FISCAL # SOLAR BUILDING YEAR PERMITS PERMIT FEES PERMIT OF TOTAL COLLECTED REVENUE REVENUE 2003 - 2004 13 $9,749 $794,080 1.23% 2002 - 2003 4 $2,135 $760,461 0.28% 2001 - 2002 6 $4,083 $703,512 0.58% Staff has also asked other jurisdictions if the'y provide a similar fee reduction incentive. Town of Tiburon STAFF REPORT The County of Marin offers a number of incentives for the installation of solar energy systems: . Over-the-counter permits for flush-mounted panels, . A $235 flat fee for a building permit if no design review is required, and . Ground mounted panels up to four feet in height are allowed in setbacks. In addition to the County of Marin program, other cities have implemented the following permit fee incentives: . The City of Santa Monica waives building permit fees, . The City of San Jose waives the building permit tax for solar energy projects, and . The City of Santa Cruz eliminated the need for a Design Permit and has a flat building permit fee. Desion Guideiines To address the need of preserving the high quality of the built environment in Tiburon, Staff has drafted the following design guidelines for the installation of solar panels: General 1. Solar panels and accessory equipment should be integrated into the design of the building wherever possible. 2. To the maximum extent feasible, solar panels and accessory equipment should be placed in locations that are the least visible from public streets, public facilities, and neighboring properties. Roof.Mounted 3. Roof-mounted solar collector panels should match the roof pitch, and be placed flush with the surface of the roof. 4. All roof-mounted solar collectors, frames, water tanks, supports, and plumbing should be adequately screened, and painted a color similar to the color of the roof upon which they are mounted. If covered frames are used as screening, they should contain a finish similar to the building's exterior walls. Ground-Mounted 5, To the maximum extent feasible, ground-mounted solar collectors should be screened from off-site view through careful placement, and/or the use of landscaping, fencing or walls. September 8, 2004 page 2 of 3 STAFF REPORT Town of Tiburon . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Desian Review Procedure In 2002 a number of ground-mounted solar panels began to be installed on the hillsides of Tiburon. After concerns were raised about the aesthetic impact of these panels, the Community Development Department established a policy that ground-mounted solar panels would be reviewed by the Design Review Board, while roof-mounted solar panels may be reviewed at the Staff level. The Poiicy for Solar Collector Panels would formalize this approach. RECOMMENDATION Staff recommends that the Town Council take public testimony and adopt the Policy for Solar Collector Panels. . EXHIBITS 1. 'Resolution Adopting the Policy for Solar Collector Panels September 8, 2004 page 3 of 3 __,' RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING THE TOWN OF TIBURON . POLICY FOR SOLAR COLLECTOR PANELS WHEREAS, as part of the update of the Town's General Plan, the Town has indicated its intent to adopt a policy encouraging "green building"; WHEREAS, the Town of Tiburon supports energy efficiency and seeks to provide incentives for property owners who wish to utilize solar power to reduce the demand on non-renewable energy sources; and WHEREAS, the Town of Tiburon, while encouraging the use of solar energy, seeks to maintain the aesthetic qualities of the built environment which make Tiburon unique. NOW, THEREFORE, BE IT RESOLVED, that the Town Council hereby adopts a Policy for Solar Collector Panels set forth in attached Exhibit A, which waives building permit fees, provides design guidelines for the installation of solar collector panels, and defines the design review procedure for solar panels. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on September 15, 2004, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ALICE FREDERICKS, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK .~...':' TOWN OF TIBURON POLICY FOR SOLAR COLLECTOR PANELS (Draft September 2004) PURPOSE The purpose of these guidelines is to ensure the Town can, consistent with the state Solar Rights Act of 19781, encourage the use of solar collector panels. while protecting and maintaining the valued aesthetic qualities which make Tiburon unique. BACKGROUND As energy costs continue to rise, more property owners are looking to implement alternatives to reduce energy costs and energy consumption. Solar collector panels are a popular energy alternative, particular in sunny climates such as those found in California. PERMIT FEES WAIVED FOR SOLAR COLLECTOR PANELS Because the Town values the benefits of reduced energy consumption that would result from the increased use of solar collector panels, the Town Council has waived the building permit fees2 associated with installation of solar panels. DESIGN GUIDELINES Solar collector panels are passive in nature and absorb sunlight without the need for moving parts. However, installation of solar panels can change the appearance of the property or structure upon which they are installed. The Town of Tiburon takes pride in the quality of its built environment, implemented through strong design review policies and procedures. General 1. Solar panels and accessory equipment should be integrated into the design of the building wherever possible, I The Solar Rights Act of 1978 prohibits local governments (fom imposing ordinances that unreasonably restrict or prevent the use of solar energy systems. Ordinanqcs which impose reasonable restrictions on solar energy systems are allowed. Reasonable restrictions are those which do not significantly increase cost or decrease efficiency. Significantly means an amount exceeding 20 percent of the cost of the system or decreasing the efficiency of the system by an amount exceeding 20 percent. 2 Building permit fees shall not include the Business License Fee and the California Seismic Tax, both of which will be collected. S:\Plannin~:\ Policies\ Draft Policies\So]ar Panel Guidelines,doc 1 . ,,..' ' .. 2. To the maximum extent feasible, solar panels and accessory equipment should be placed in locations that are the least visible from public streets, public facilities, and neighboring properties. Roof-Mounted 3. Roof-mounted solar collector panels should match the roof pitch, and be placed flush with the surface of the roof. 4. All roof-mounted solar collectors, frames, water tanks, supports, and plumbing should be adequately screened, and painted a color similar to the color of the roof upon which they are mounted. If covered frames are used as screening, they should contain a finish similar to the building's exterior walls. Ground-Mounted /' 5. To the maximum extent feasible, ground-mounted solar collectors should be screened from off-site view through careful placement, and/ or the use of landscaping, fencing or walls. PROCEDURE A. Ground-mounted solar collector panels shall be reviewed by the Design Review Board. B. Roof-mounted solar collector p~nels may be reviewed by the Community Development Director or his/her designee, unless the Community Development Director or his/her designee determines that the potential visual impact warrants review by the Design Review Board. S:\Planning\Policies\DraftPolicie5\Solar Panel Guidelines.doc 2