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HomeMy WebLinkAboutTC Agd Pkt 1995-12-06 /1lAf7f/f TIBURON TOWN COUNCIL AGENDA REGULAR MEETING TOWN OF TIBURON 1101 TIBURON BLVD. MEETING DATE: MEETING TIME: CLOSED SESSION: DECEMBER 6, 1995 7:30 P.M. 6:00 P.M. PLEASE NOTE: In order to give all interested persons an opportunity to be heard, and to ensure the presentation of all points of view, members of the audience should: (1) Always Address the Chair; (2) State Name and Address; (3) State Views Succinctly; (4) Limit Presentations to 3 minutes; (5) Speak Directly into Microphone. In compliance with the Americans with Disabilities Act. if yoo need special assistance to participate in this meeting, please contact Town Hall (415) ~7373. Notification 48 hours prior to the meeting will enable the Town to make reasonabk! arrangements to ensure accessibility to this meeting [28 CFR 35.102.35.1 04 ADA Tnle II] A. ROLL CALL B. ANNOUNCEMENT OF CLOSED SESSION ACTION (If any) C. PUBLIC OUESTIONS AND COMMENTS Please confine your comments during this portion of the agenda 10 matlers not already on this agenda, other than items on the Consent Calendar. The public will be given an opportunity to speak on each agenda item at the time it is called. Presentations are limited to three (3) minutes. Malters requiring action will be referred to the appropriate Commission, Board, Committee or Staff for consideration and/or placed on a future meeting agenda. D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES 1. TmURON PENINSULA DISASTER PLANNING COMMITTEE E. COUNCIL. COMMISSION OR COMMITTEE REPORTS F. CONSENT CALENDAR The pmpose of the Consent Calendar is to group items togelher which generally do nol require discussion and which will probably be approved by one motion unless separate action is required on a particular item. Any member oflhe Town Council, Town Slaf/, or the Public may request removal of an item for discussion. 2. APPROVAL OF TOWN COUNCIL MINUTES - #1068, November 14,1995 & #1069, November 15, 1995 3. TOWN MONTHLY INVESTMENT SUMMARY (As of October 31,1995) 4. NEW TOWN HALL - Reimburse James Gillam Architects for Services (Preliminary Design Analysis - New Downtown Town Hall) 5. COUNTY ASSESSOR'S NEIGHBORHOOD REVIEW PROGRAM - Deny Request by County for Assessor's Services 6. ADOPT RESOLUTION REQUESTING SUPERVISORS TO CONSOLIDATE MARCH 26,1996 ELECTION AND REQUESTING SERVICES FROM COUNTY CLERK G. UNFINISHED BUSINESS 7. NEW TOWN HALL & LffiRARY FACILITIES A. NEW TOWN HALL PROCESSING SCHEDULE & PERMIT REVIEW B. CEQA, STORY POLES & PLANNING COMMISSION ISSUES (Councilmember Ginalski) C. LillRARY LAND LEASE BETWEEN TOWN & BELVEDERE-TffiURON LffiRARY AGENCY 8. MILL VALLEY REFUSE SERVICE - EXTENSION OF FRANClllSE AGREEMENT H. NEW BUSINESS 9. STREETS IMPROVEMENT PROGRAM. Consider Ballot Measure Options for Special Parcel Tax to Implement Five-Year Repair Program I. PUBLIC HEARING 10. HISTORICAL DESIGNATION OF NEWMAN PROPERTY (Assessors' Parcel No. 55-252-06, 841 Tiburon Blvd.- Applicant, Belvedere- Tiburon Landmark Society) - Continued without Hearing to December 11,1995 I L FALSE ALARM ORDINANCE - Repeal and Readoption of New Chapter 29 ofTiburon Town Code (First Reading) 12. AMENDMENTS TO CHAPTER 23 OF TffiURON TOWN CODE - REVISED TRAFFIC ORDINANCE - Continued without Hearing to December 11, 1995 13. AMENDMENTS TO CHAPTER 15A OF TffiURON TOWN CODE REGULATING TREES [ORDINANCE] - Continued without Hearing to December 11, 1995 J. COMMUNICATIONS 14. LETTER FROM REDWOOD lllGH SCHOOL TO TOWN MANAGER dated 11/15/95 Re: 1996 "Grad Night" K. STAFF & TOWN MANAGER REPORTS L. ADJOURNMENT TO: Monday, December 11, 1995, 7:30 p.m. Future Al!enda Items - Library Ordinance - 1st Reading (January 17, 1996) Future Activities - Town Council/StalTHoliday Party (December 20 - Tutto Mare) DATE OF MEETING: December 6.1995 NO. 17-1995 DATE POSTED: December 1. 1995 NOTICE OF STATUTORY AUTHORITY FOR HOLDING CLOSED MEETING OF THE TIBURON TOWN COUNCIL Pursuant to California Government Code Sections 54950 et seq., the Town Council will hold a Closed Session. More specific information regarding this meeting is indicated below: 1. CONFERENCE WITH LABOR NEGOTIATOR (Section 54957.6) Agency Negotiator: Employee Organization: IEDA & Town Manager MAPE 2. PUBLIC EMPLOYEE APPOINTMENT (Section 54957) A. Town Attorney Interview Process 3. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9a) Name of Case: State of California y. Zelinsky. et al. (Marin County Superior Court No. 163929) Name of Case: Harroman Company. Inc. y. Town of Tiburon. et al. (Marin County Superior Court No. 160899) United States y. StonehiJI. et al. (No. 432-44 N.D. Cal.) 4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9b) A. Name of Case: Connally. et al. Y. Main Street Bnsinesses. et al. (USDC No. C-95-00875) B. INNISFREE COMPANY'S DEMAND FOR DEVELOPMENT FEES REIMBURSEMENT Tiburon Peninsula Disaster Planning Committee (415) 435-4355 ~ ~ Town of Tiburon 1155 Tiburon Boulevard Tiburon, CA 94920 City of Belvedete 450 San Rafael Avenue Belvedere, CA 94920 November 26. 1995 lRf~(c~U~(e[Q) NOV 2 7 1995 TOWN MANAGER'S OFFICe TOWN OF TlBURON 1)eM.. /Jo. / - Tiburon Town Council Town of Tiburon 1155 Tiburon Boulevard Tiburon, California 94920 Dear Council Members, It is with regret that I have accepted the resignation of Dr. Tom Cromwell as the medical representative on the Tiburon Peninsula Disaster Planning Committee. Even though Tom found it difficult to always attend our meetings, he managed to become a valuable member. During his tenure, he organized the volunteer physicians and sponsored two meetings. The first meeting was a general orientation meeting to explain the present disaster plan and the committee's direction with the volunteer training. That was followed-up about a year later with a fascinating presentation of triaging following a major event. Tom plans to continue his involvement with disaster planning on the peninsula as a member of the newly organized Disaster Council. Donna Brill of 605 Hilary Drive in Tiburon has agreed to replace Tom as the medical representative. Donna is a practicing RN and is one of four nurses on the Tiburon Peninsula who has completed the American Red Cross Disaster Health Services - 1 class. The training qualifies her to administer the medical portion of a disaster shelter. Donna has been listed as a community volunteer with the Tiburon Peninsula Disaster Committee for several years. Since the Tiburon Peninsula Disaster Planning Committee is a joint committee of both the towns of Tiburon and Belvedere, both councils must approve this nomination. Please consider appointing Donna Brill to this committee as your earliest convenience. T':1;' tJ. tLn0 tH Bloch Chairman, Tiburon Peninsula Disaster Planning Committee ...-' .,. nM': t: ~i L!~(Mr TOWN COUNCIL MINUTES I~ Jj ~(,t1 ) I CALL TO ORDER Outgoing Mayor/Chair Thompson called the special adjourned meeting of the Town Council of the Town of Tiburon to order at 7:40 P.M., Tuesday, November 14, 1995 at the Tiburon Lodge, 1651 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: COUNCILMEMBERS: COUNCILMEMBER ELECT: ABSENT: COUNCILMEMBERS: EX OFFICIO: Ginalski, Nygren, Thayer, Thompson, Wolf Hennessy None Town Manager Kleinert, Chief of Police Herley, Planning Director Anderson, Finance Director Stranzl, Town Clerk Crane B. PUBLIC OUESTIONS AND COMMENTS None. C. CONSENT CALENDAR None. D. RECOGNITION OF TOWN SERVICE Mayor Thompson read the names of persons being recognized for Town service, none of whom were present E. TOWN COUNCIL COMMENTS Outgoing Councilmember Nygren dedicated her closing remarks to AI Kuhn who, she said, set an excellent example for past and future councils with his gentlemanly manner and ability to remain cordial to people with whom he disagreed on issues. She thanked all the people who had helped work for the community during the last 10 years [on such projects as Harroman and Jay] and said she planned to stay involved. Councilmember Thayer said he had worked with Karen on the Planning Commission and Town Council and that she was an indefatigable worker and a great inspiration. Thayer said Nygren had done a lot for the Town and it had been a privilege to work with her. TOWN COUNCIL MINUTES #1068 November 14, 1995 - " Councilmember Wolf said she was in awe of Nygren's energy in pursuit of her goals and wished her all the best for the future. F. CERTIFICATION OF NOVEMBER 7.1995 TmURON MUNICIPAL ELECTION Town Clerk Crane said that the voter turnout was 52.5% and the total votes cast were 2,874. MOTION: Moved: Vote: To Adopt Resolution CertifYing the November 7, 1995 Election Results Thayer, Seconded by Nygren AYES: Unanimous NOES: None G. SEATING OF NEW TOWN COUNCIL Outgoing Mayor Thompson said the last year had been a landmark one and he was happy to have had a modest leadership role in achieving the Town's goals and breaking many deadlocks. He thanked the citizens and Tiburon, and his wife, Beverly, who he said, had just been named one of the top lawyers in the nation [under 40] by the National Law Review. He acknowledged Town Staff by department: ChiefHerley for a record of seven years of reduced crime; Tony Iacopi & Dave Davenport, for having the one of the most cost effective Public Works Departments in the County; Scott Anderson, Planning and Building, for maintaining a courteous and kind manner while keeping to the high standards set by the Town; Bob Kleinert, Diane Crane, Richard Stranzl, Joan Palmero, and Heidi McVeigh, for an exceptional and professional job [in Administration]. Mayor Thompson also acknowledged all the volunteers on Boards an~b<4!mmissions, former Mayors Ross, Forrell, Duke, Hansen, Wilson, Edelstein and Coxhead, ancf\t'e.i\bers ofBlackie's Brigade, and especially AI Kuhn whose work, he said, "stretched across all of it." Thompson said he looked forward to another four years on the Council. Councilmember-elect Hennessy said her emotions had been "all over the board" since the election, and said she had never dreamed this would happen to her. She said the Council should remember AI Kuhn and work together and that she was proud to sit in this seat. H. ELECTION OF MAYOR MOTION: Moved: Vote: To Elect Nicky Wolf as Mayor Hennessy, Seconded by Thayer AYES: Unanimous NOES: None Mayor-elect Wolf said she had mixed emotions about becoming Mayor, and regretted that her Father was not alive to witness the event She credited him with raising her to believe it was TOWN COUNCIL MINUTES #1068 November 14, 1995 2 .. every citizen's responsibility to involve themselves in government. She said the election signaled a "return to normalcy" to the community. I. ELECTION OF VICE-MAYOR MOTION: Moved: Vote: To Elect Jerry Thayer as Vice-Mayor Wolf, Seconded by Hennessy AYES: Unanimous NOES: None Vice-Mayor-elect Thayer thanked Wolffor her kind words and promised to work in a "commodious and collegial way" for the betterment ofTiburon J. BUSINESS None. K. ADJOURNMENT There being no further business before the Town Council of the Town of Tiburon, Mayor Wolf invited everyone to join in a celebration afterwards, and adjourned the meeting in memory of AI Kuhn at 8: 10: p.m., sine die. NICKY WOLF, MAYOR ATTEST: DIANE L CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1068 November 14. 1995 3 TOWN COUNCIL MINUTES DRA~1 IkM Ah ~ CALL TO ORDER Mayor Wolf called the regular meeting of the Town Council of the Town of Tiburon to order at 7:39 P,M., Wednesday, November IS, 1995 in Council Chambers, 1101 Tiburon Boulevard, Tiburon, California. A. ROLL CALL PRESENT: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: EX OFFICIO: Ginalski, Hennessy, Thayer, Thompson, Wolf None Town Manager Kleinert, Chief of Police Herley, Planning Director Anderson, Contract Planner Allsep, Town Attorney Sharp, Town Engineer Mohammadi, Superintendent of Public Works Iacopi, Town Clerk Crane B. ANNOUNCEMENT OF CLOSED SESSION ACTION Mayor Wolf said that no action had been taken. C. PUBLIC OUESTIONS AND COMMENTS Chief of Police Herley reported that six children had been taken to the hospital after pepper spray had been released on a school bus earlier in the day on Tiburon Boulevard, Sergeant McVeigh said the two children responsible for the action had been located. D. APPOINTMENTS TO BOARDS. COMMISSIONS OR COMMITTEES None. E, COUNCIL, COMMISSION OR COMMITTEE REPORTS 1. Viacom/TCI Transfer. Councilmember Ginalski said the Viacom/TCI merger agreement would result in an upgraded [cable] system and that TCI would work with the utilities to bury overhead lines in some neighborhoods. F. CONSENT CALENDAR Council member Hennessy moved that Items 8, 9 & 10 be placed on the consent calendar. Mayor Wolf said she would like to speak to Item 8. Councilmember Thayer said there might be some TOWN COUNCIL MINUTES #1069 November 15, 1995 public interest in Item 9. [Motion withdrawn,] Mayor Wolf asked for a correction to page 4 of the November I Minutes to state that areas of future [Town] annexation would not be subject to the proposed Library tax. MOTION: Moved: Vote: To Adopt Consent Calendar; Amended November I Minutes Thompson, Seconded by Thayer AYES: Unanimous ABSTAIN: Hennessy, from November 1,1995 Minutes G. UNFINISHED BUSINESS 5, Blackie's Pasture Improvements, Joanne Ferro, Chair of Parks & Open Space Commission, said the proposed fencing and garden design had been passed as presented with no conditions. Larry Smith, Chair ofBlackie's Brigade, said the garden area between the multi-use path and the service road would be landscaped using a variety of native plants and rocks; all materials would be contributed and the work supervised on a pro bono basis by Diane Licht, a landscape architect. Smith also said that ongoing maintenance of the area would be provided by the Tiburon Peninsula Foundation. Chair Smith explained the fence design and answered questions about overflow parking. He invited everyone to join in picking up rocks on Saturday (November 18] to prepare the pasture area for seeding. There being no public comment, hearing returned to Council. MOTION: To Adopt the Fencing and Garden Recommendations for Blackie's Pasture consistent with approval by the Parks & Open Space Commission Thompson, Seconded by Ginalski AYES: Unanimous ABSTAIN: Wolf[recused] Moved: Vote: H. NEW BUSINESS 6. Review of Plans for Construction at 1860 Centro West (Williams - Applicants). Jayni A1lsep, Contract Planner, said there was still important information lacking in Applicant's plans, especially regarding retaining walls, fence alignment, cut & fill, and extra lighting. In response to a question from Councilmember Thayer, A1lsep said staff would like a set of plans that reflected the changes made by the Williams so that they could be looked at in a more comprehensive manner rather than piecemeal through letters and conversations with Applicants. Council member Ginalski said he was reluctant to move forward when the settlement agreement TOWN COUNCIL MINUTES #1069 November 15, 1995 2 called for complete plans. Town Attorney Sharp said if the Council moved forward they would create an argument that they had used the first [of two] meeting[ s] for plan approval per the settlement agreement, and that the purpose of having detailed plans was to enable the Council to make a decision. Sharp said Council could compel detail. Councilmember Thompson said he did not want to unnecessarily delay the process and suggested that a subcommittee of councilmembers work with applicant to review the plans. Mayor Wolf suggested that the Planning Department talk directly with Applicant's architect. Diane Williams, Applicant, said she was made to understand that the plans were complete and that the Town would let them know if more detail was needed, Planning Director Anderson said that was not his recollection of their conversation, and that the Department's review of the plans was not even complete until late Friday afternoon (prior to the Council meeting). Town Attorney Sharp said the Council should make a determination about the completeness of the plans and not guess about any representations being made. Mayor Wolf said there was a consensus to table the item, Planning Director Anderson said he would be happy to meet with Applicant's architect and that the details requested in his October 12 letter could be dealt with quickly by a professional architect MOTION: Moved: To Table Item 6 until Staffhad determined Plans were complete Ginalski, Seconded by Hennessy Peter Brekhus, attorney representing Neureberg and Ashton, attempted to speak and urged the Council to get more detail and fulfill all terms of the agreement He said the neighbors have a right to see the plans, especially the retaining wall, cutting and grading detail. He said they would like to know if the house was being moved down the hill. Vote: AYES: Unanimous 7. Streets Improvement Program. Town Manager Kleinert said there was not enough money to do the work recommended by IMS [consultant] and that the Town Engineer said an additional $500,000 was needed per year for the next five years. He also said that funding the extra money from current reserves or revenues would gut Town services, and recommended that Council pursue one of two options for a March ballot measure. Mayor Wolf said the Town had already reduced the amount needed for funding by transferring money from parks budget, but that was eaten up by drainage [repair] needs. TOWN COUNCIL MINUTES #1069 November 15, 1995 3 Finance Director Stranzl responded to a question about the feasibility of creating multiple assessment districts. He said that there was a 10-12% premium for overhead on the bond issuance, and that coordination of separate projects and neighborhoods by the engineers could also be costly. Town Engineer Mohammadi said that technically it was feasible but concurred with Stranzl on the complicated logistics. Town Manager Kleinert said streets repair was a community project because everyone drives on Tiburon's streets, Councilmember Hennessy asked about debt service on 10-year bonds versus five-year bonds and whether commercial parcels were included [yes). She also asked whether the proposed ADA improvements on Main Street could be included, Town Manager Kleinert said the issue of what to do about Main Street was not yet resolved. Councilmember Ginalski said a special benefits district could be created for Main Street which could exempt it from the other tax. Mayor Wolf opened the public hearing. Virginia Brunini, resident of Bel Air, said she had heard rumors that Bel Air was going to be designated as a special assessment district and that her neighborhood would not support it, She said street repairs were like police and planning services--required by the entire community. She also said that Bel Air had an inordinate amount of traffic due to the location of the schooL Hearing returned to CounciL Councilmember Hennessy said she was concerned that two months was not enough time to educate the public concerning the proposed street tax. Councilmember Thayer suggested that sidewalk abatement and possible utility undergrounding could be added to the improvements in his neighborhood. Town Engineer Mohammadi said the suggestion should be taken seriously because a lot of money could be saved if that kind of work was done while the streets were open. Mayor Wolf said that Town Engineer Mohammadi would be the "point man" for the streets project In response to a question from Mayor Wolf, Frank Buscher, 1751 Centro West, said there was a need for street improvement but that there were too many competing special taxes (e.g. library, open space, streets). Councilmember Thompson said he supported the "pay as you go" plan but said there was no ability to organize [the ballot measure] by December 29 [cut-off date). TOWN COUNCIL MINUTES #1069 November 15, 1995 4 Councilmember Ginalski said the Council should make a good faith effort by going through the budget again and putting together a "kitty" to start the project. Mayor Wolf said that further delay in repairing the streets would cause many of them to be reconstructed rather than overlayed, and said it was possible to educate the public. Councilmember Thayer concurred with Frank Buscher and suggested waiting until November 1996 to put the measure on the ballot. Councilmember Hennessy said the [March] time frame was too short but that more voters would participate in the March primary. Town Manager Kleinert said it would be a difficult task no matter when it was presented but suggested putting it on the table. Councilmember Ginalski asked if there was a back-up plan. Mayor Wolf said the Town's unallocated reserves were emergency reserves and should not be used as a matter of Town policy, Council directed staff to return on December 6 with draft resolutions for both the ten-year and ["pay as you go"] five-year options, and one option would be placed on the March ballot. 8. Construction Hours Ordinance, Council agreed to list of proposed holidays and added President's Day, bringing the total to seven (7) holidays on which the Town prohibits construction. 9. Harroman First Phase Funding Effort. Councilmember Thayer moved for adoption, seconded by Thompson, Vote was unanimous. 10, Town Council Reorganization, Mayor Wolf asked the Council to let her know which committee appointments they preferred. Town Manager Kleinert proposed abandoning the Standing Committees and said there could be ad hoc committees instead. He cited infrequency of meetings and difficult notice requirements as reasons. Deirdre McCrohan, reporter from The Ark, said this was an attempt to circumvent the Brown Act. Kleinert said it was a way to make government more efficient. Mayor Wolf said all issues discussed in committee came before the Council (and public) anyway. Councilmember Ginalski said he preferred to keep the [committee] meetings open. Mayor Wolf suggested adding the Town Treasurer and two citizens to the Finance Committee. Town Manager Kleinert said the Standing Committees would continue but stated he would also use ad hoc committees if necessary. TOWN COUNCIL MINUTES # I 069 November 15, 1995 5 Council then discussed a proposal to adjourn meetings at 11 :00 p.m. Councilmember Hennessy said more residents would attend meetings if they ended by 11 :00. Councilmembers Thayer, Thompson and Ginalski expressed concern that residents who came for scheduled hearings should be heard that night, but agreed that the time could be managed better during the meetings. Mayor Wolf said she would prefer truncating appeals in order to finish the agenda but said she would agree to keep the status quo and try to finish by 11 :00. Council agreed to keep Committee Reports at the beginning of the agenda but directed that they be kept short, Town Manager Kleinert and Council set a date of November 28 for interviews of finalists for the Town Attorney position, and agreed to discuss the MAPE contract in closed session on December 6. I. COMMUNICA nONS 1 L Countv Counsel's Ooinion in LAFCO-related case. Councilmember Thayer said the case did not adversely affect the County's LAFCO dual annexation policy, J. STAFF & TOWN MANAGER REPORTS None. K. ADJOURNMENT There being no further business before the Town Council of the Town ofTiburon, Mayor Wolf adjourned the meeting at 10:24 p.m" sine die. NICKY WOLF, MAYOR ATTEST: DIANE L CRANE, TOWN CLERK TOWN COUNCIL MINUTES #1069 November 15, 1995 6 TIBURON TOWN COUNCIL STAFF REPORT To: TOWN COUNCIL Meeting: DECEMBER 6, 1995 FINANCE DIRECTOR Item No: . ~ MONTHLY INVESTMENT SUMMARY STATEMENT AS OF OCTOBER 31,1995 From: Subject: L TOWN OF TlBURON Institution! Agency Amount Interest Rate Maturity State of California $ 6,665,097 5,784% Liquid Local Agency Investment Fund Federal Agency Issues $973 12.000% 04-14-2014 GNMA I Total Invested: $6,666,070 I 2. TIBURON REDEVELOPMENT AGENCY Institution! Agency Amount Interest Rate Maturity State of California $1,017,239 5.784% Liquid Local Agency Investment Fund I Total Invested: $1,017,2391 Notes to tables: (I) State of California Local Agency Investment Fund (LAIF) - The interest rate represents the effective yield for the month referenced above. The State distributes the data reports in the third week following the month ended. (2) GNMA - Principal and interest are paid monthly On this government security. 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. BY: ~ Richard Stranzl, Finance Director November 17, 1995 \ TOWN OF TIBURON STAFF REpORT To: From: Subject: Date: TOWN COUNCIL TOWN MANAGER NEW TOWN HALL FACILITIES - ARClllTECT'S SERVICES December 6, 1995 ITEM NO. i BACKGROUND The exhibit billing from James Gillam Architects to the Town for architectural services perfonned earlier this year remains outstanding, The specific project work was preparation of the initial schematic design for the proposed downtown new Town Hall site. This billing was previously not approved because the expenditure exceeded the already depleted budget established for the downtown Town Hall program. RECOMMENDATION That the Town Council reconsider and approve payment of the James Gillam Architects billing which represents an appropriate request for reimbursement for architectural services, RL Kleinert Town Manager EXHIBIT 1) -- James Gillam Architects Billing to the Town dated February 14, 1995 - - POL , '("'JI S . ""'''.'(11' 'l.J~_,~ ,. ..... 'J3 Ik ht ;tJo. . ( 415 ~ "'",9 I .""<<> I'U.LAM ~~CC;~o\W~~ OCT 1 3 1995 TOWN MANAGER'S OFFICE TOWN OF TIBURON Fobnwy 104. 1911' Mr. Bo1> lUeiIwt. Town Manager Town of TI!luralI Tibwvl1, CA 1U920 I'<OjOCl Title: SclIem.alic Oesitpl for Downl""'" Site Penpeclive PresOllulion for Pob, 5 MeeriDg Month oC: JlIIluary 1995 ORIGINAL CURRENT I'BRlOD CHAROBS I'rim:iplll Associatel 6 hotm at $95,00 boW'5 at $45,00 TOTAL PROFESSIONAL FEES S370.oo $0,00 $570,00 RllIMBUSABLE EXPENSES 1'o5'.ge & IJelive'Y I'rinl;ni SUppll.. Telephone Travel OIlIer S162,94 TOTAL RIlIMBURSABLIl EXl'ENSES TOTAL DVE THIS PERIOD: S162,94 $732.94 -- TOWN COUNCIL STAFF REPORT To: TOWN COUNCIL Meeting: DECEMBER 6,1995 FINANCE DIRECTOR ~ Item No: S ASSESSOR'S OFFICE - SPECIAL NEIGHBORHOOD REVIEW PROGRAM From: Subject: Backl!round: This item is for consideration ofa proposal by the County of Marin Assessor's Office to perform a two-year review of the housing stack in each community in order to identifY improvements and construction (assessed valuation (A V)) which have not been reported to the Assessor's Office, Discussion: The goal of the special program is to ensure that the tax roll is accurate and that subsequent property tax revenues are maximized. The County proposes that the cities fund the effort by foregoing up to two (2) years of revenue which may result from the program. The County currently estimates that the two-year cost to the cities would be $318,000 (the County estimates future additional revenues to the Town - cumulatively for years 3 through 7 - will be about $42,000, or approximately $8,000 to $9,000 per year. From these figures it may be inferred that the two-year cost to the Town (foregone revenue) is nearly $15,000. The cities have expressed some concerns regarding the special program: (1) Is the cost-sharing plan in proportion to expected benefits? It is not proposed that other local agencies which stand to benefit from added assessed valuation - school districts, fire and sanitation districts, the community college, and the County - are required to forego revenue and share costs. (2) Should the cities fund a special program which is a constitutionally mandated responsibility of the Assessor's Office? It appears that the County is reluctant to completely fund a program which will not, in a short-term period, pay for itself If program costs are approximately $159,000 in each year, the County would need to add approximately $80,000,000 in AV to fully fund the effort from its share. At this time the County projects that it will add one-half that amount over the two-year period. (3) May the overall goal of the special program be achieved through strong building inspection and code enforcement programs in the cities? Some cities have implemented very active building inspection and planning programs and through resale inspections and accurate reporting of construction improvement data to the County have reduced the occurrence of unreported and non-permitted building activity in their community(s). Recommendations: Staff recommends that the Town not participate in the special program. The Town's building inspection and code enforcement program has in recent years identified construction and improvements which had not previously been reported, and has provided the Assessor's Office with updated and accurate information. Exhibits 1 Assessor's Office, Letter dated 11.22.95 2 Proposed Agreement OFFICE OF THE ASSESSOR-RECORDER JOAN C. THAYER ASSESSOR-RECORDER November 22, 1995 ~. is' iF: ~ n ~,/1 ~ [Q)O t.!.=\~;'>~.:;:::IU -:J l";;;:I I U --, I' '}~!r .. L.j .' \\.J. ,: .; Mr. Robert L. Kleinert' Town Manager Town of Tiburon 1155 Tiburon Blvd. Tiburon, California 94920 Dear Bob: Enclosed is a copy of the contract for participation by your City in the neighborhood review program, I am requesting that you place it on your city council agenda as soon as possible since the program will sunset in December without city support, In July and in October, I wrote to the city managers about the program and requested that cities forego up to two years of revenues (probably less) to provide start-up costs in return for a revenue stream that would continue for at least four more years, In those letters, I emphasized that the program involved no out-of-pocket costs to the cities. Currently the pilot for this program is being supported by the county through the temporary addition of extra hire positions. In my last letter, I requested that cities desirous of participating give me conceptual approval in writing by December I, 1995 so that I can give some assurance to the County Administrator that the county won't be totally responsible for funding the program, In essence, I need to have some idea of the number of potential participants, The contract which was prepared by County Counsel addresses some of the points raised by city managers as follows: I. Any revenues generated by the program will be in addition to those which would go to the cities in the ordinary course of business, (Section VIII) 2, The program will operate in tax rate areas of the signatory parties to the agreement in order to maximize revenues for the parties, (Section VII) 3, The Assessor shall report any new construction found within city limits (to the extent that such disclosure is permitted by law, (Section VII) 4, Revenues which are generated during the first two years that are in excess of those needed to fund the program shall be distributed by the Auditor to the appropriate taxing entities, (See Sections VI and V). I believe that this program will be successful. The pilot is doing well. Also, as previously indicated, two of my predecessors, Jim Dal Bon and Bruce Shafer, conducted neighborhood review programs which paid for themselves and produced substantial revenue, If you have any questions, please do not hesitate to call me or my assistant Jim Lacy, TOVvn l,ii\i'U,utii:tti uf'fi(:;[!, laWN Dr: TlounON Sincerely yours, , ~-c,.. J t?) ,,,/ / ./ _ -t ./ :) \.:/ ~------A -''4 - / oan C. Thayer ' :;t--< . / Assessor-Recorder / CIVIC CENTER. P. O. BOX C . SAN RAFAEL, CA 94913 . (415) 499-7~~9NO~ ) -= "'" AGREEMENT FOR REIMBURSEMENT OF ASSESSOR'S SERVrCES . ~() FOR .~ NErGHBORHOOD REVIEW PROGRAM This agreement is dated , and is entered between the County of Marin (hereafter "County") and the city (Town) of (hereafter "City" or "Town") authorized to receive ad valorem property taxes, which chooses to participate in the Marin County Assessor's Special Neighborhood Review Program defined herein and so signify by the execution of this agreement. ~ - REcrTALS This agreement is predicated upon the following facts: 1. The parties are public agencies or entities organized and operating under the laws of the State of California. 2. The parties receive ad valorem property taxes and desire to participate in a Special Neighborhood Review Program to increase property tax revenues by identification of inaccurately evaluated property for assessment purposes. 3. Under the authority of Government Code 55 51350 and 54981, and other pertinent statutory authorities, the parties may contract for the exercise of County services within the city in exchange for appropriate charges and valuable consideration. 4. The parties desires to enter into an agreement for the purposes stated in Paragraph 2 of these Recitals. Now, therefore, for and covenants, and agreements follows: in consideration of mutual benefits, set forth herein, the parties agree as EXHIBIT NO. ;).. Section I. Authoritv and Puroose. A. This agreement is made under the authority of Sections 51350 and 54981 of the Government Code among those public agencies with property tax authority within Marin County which choose to participate -in the Marin County Assessor's Special Neighborhood Review Program. B. The purpose of this agreement is to finance a special appraisal program which would otherwise not be performed, so that the property tax revenues of participating agencies will be increased by identification of properties with increased values. section II. Prooram Definition. The Assessor's Special Neighborhood Review Program (hereafter "Program") is defined as a separate and distinct operation of the Marin County Assessor's Office, devoted to the identification and assessment of real property improvements which would otherwise not be assessed due to the lack of funding of resources. All work hours, production records, and resulting changes in assessed value shall be separately accounted for from the regular work performed in the normal course of operations. Section III. Term of Aqreement. This agreement becomes effective upon its execution by the Assessor, the County of Marin and any additional qualified party described in the Recitals. Section IV. Allocation of Exoenses. In exchange for the allocated revenue described in Section VI. of this agreement, the County of Marin shall be responsible for all expenses related to the Program. Section V. Distribution of Revenue. Except as provided in section VI. below, the increased revenue derived from the Program shall be calculated and distributed as follows: On or before June 30 of each fiscal year, the Marin County Assessor shall deliver to the Marin County Auditor- Controller a list categorized by tax rate area of each Assessor's Parcel which was reviewed in that fiscal year by the Program. For each Assessor's Parcel so reviewed, the Assessor shall indicate the situs address, the year of valuation or assessment, and the 2 increased assessed value identified by the Program. The AUditor- Controller shall calculate the appropriate distribution of property tax revenue for each tax rate area, and include such distribution in the property tax revenue accruing to each taxing entity within the tax rate area. section VI. Initial Countv Allocation. For the first two fiscal years following the fiscal year in which the Assessor has identified increased value derived from the Program described above, the Auditor-controller shall distribute to the County of Marin general fund, such increased revenue for all Assessor's Parcels within the boundaries of the City (Town). The County allocation shall also include revenue derived from any prior year escaped assessments identified by the Program. This allocation shall be applied to all costs of salary and any applicable fringe benefit costs incurred by regular or extra hire employees of the Assessor's Office in the implementation of the Program within the boundaries of the city (Town) and shall be identified as such in the City's (Town's) budget. Any remaining revenue after the deduction of those costs, shall be allocated by the Auditor in accordance with Section V. of this agreement. section VII. Neiqhborhoods to be Reviewed. The Program will operate in tax rate areas of the signatory parties to this agreement. The Assessor shall retain authority to determine which neighborhoods will receive priority among those within the tax rate areas of the city (Town). In addition, the Assessor shall allocate Program resources with a goal of covering at least ten percent of the residential parcels within the city (Town) each fiscal year, subject to variations in staff time required to assess each City's (Town's) parcels and the Assessor's judgment regarding staff productivity. Nothing contained herein shall detract from periodic county-wide review of property by the Assessor. To the extent allowed by law, the Assessor shall report any new construction found in the course of a neighborhood review. Section VIII. Termination of Aareement. This Agreement shall terminate June 30, 1998. Notwithstanding such termination, property tax revenues derived from the properties identified by the Assessor under section VI. above, shall continue to be distributed to the city (Town) pursuant to section V. above until such revenue is exhausted. Nothing contained in this Agreement shall be intended to detract from the Assessor's Countywide Assessment of Properties from which the city (Town) would receive property tax revenues to the extent authorized by law. 3 section IX. Reoavment. If this agreement is declared to be illegal by a court of competent jurisdiction, and Marin County is required to repay taxes collected and distributed to the City (Town), said sums shall be deducted from said city's (Town's) annual allocation of ad valorem property taxes. Section X. Amendment. This agreement may be amended by resolution of the City Counsel with the approval of the County Assessor and Marin County Board of Supervisors. IN WITNESS WHEREOP, the parties hereto have entered into this Agreement the day and year first above written. Assessor Chairman, Board of Supervisors Attest: Clerk of the Board Agency Attest: City Clerk or Chief Secretarial Officer Mayor or Chief Presiding Officer aahw.e..o.-\nar .qm 4 JI~ Ala, L ~:~" i~ r. . ~ ..,. L~li"Ar I RESOLUTION NO. A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON REQUESTING THE MARIN COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE WITH ANY OTHER ELECTION CONDUCTED ON SAID DATE AND REQUESTING ELECTION SERVICES BY THE COUNTY CLERK WHEREAS, California Government Code Section 36503.5 and California Elections Code Section 1000 provide that a regular municipal election may be conducted on March 26, 1996; WHEREAS, punuant to Section 10002 ofthe Election Code, the above stated Governing Body may request the Board of Supervison to permit the County Clerk to render specified services to said Body relating to the conduct of the election on a reimbunable basis, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: 1. That the Board of Supervisors of the County of Marin is hereby requested to authorize the County Clerk to render the following specified services for said Body relating to the conduct of the election to be held on March 26, 1996: Voter Indexes Voter Count by Precinct Verification of Signatures Drayage and Rental of Polling Places Printing of Measures and Arguments Printing of Sample and Official Ballots Appointment and notification of Election Officen Mailing of Sample Ballots and Polling Place Notification Precinct Supplies Training of Precinct Workers Processing of Absentee Ballots Central Counting Canvass of Votes Cast 2. That the Clerk of said Body be and hereby is ordered and directed to file a copy of this resolution with the Board of Supervisors of the County of Marin. . PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on December 6,1995, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NICKY WOLF, MAYOR Town of Tiburon ATTEST: DIANE L. CRANE, TOWN CLERK , TOWN COUNCIL ST AFF REPORT TO: TOWN COUNCIL SCOTT ANDERSON,~~ PLANNING DIRECT~ " MEETING DATE: 12/6/95 ITEM NO.: l(A) FROM: SUBJECT: NEW TOWN HALL PROCESSING AND PERMIT REVIEW BACKGROUND At its special meeting of November 21, 1995, the Town Council directed Staff to prepare a schedule for processing of the New Town Hall project. The tasks and schedule below are preliminary and are based upon "best case" circumstances, and could be subject to delays in many areas. TASK #1. Prepare project description/application. This task consists of preparing an accurate description of the project so that meaningful environmental review and application processing can occur. Components include a detailed site plan, elevations and floor plans, and a written narrative describing in some detail the project in its entirety. This project description must include any off-site components such as proposed employee parking at the Beach Road tennis court lot; use of the Tiburon Boulevard Parking Lot for employee or evening meeting use; any changes to the proposed Library parking layout; and any changes to Tiburon Boulevard. Collection of all existing documents on the project (soils reports, surveys, etc.) should occur at this time. The project description must also include all required entitlements, including a General Plan amendment and rezoning in this case. If the Council chooses to process the application in the same manner as the Measure M Town Hall project at Ned's Way (see Exhibit 1), then an Ordinance which sets forth specific processing procedures must be drafted as part of the project description. This could exclude the Conditional Use Permit and Design Review process, as well as all other Zoning Ordinance procedures if the Town Council so chose. The same approach has been chosen by the Town Council for processing of the Library application (see Exhibits 2 and 3). If this option is not chosen, then the project description must include the conditional use permit and design review processes normally required for approval of projects. TlBURON TOWN COUNCIL STAFF REPORT I="5 1 The Town Council's authority to establish a project's review procedure is limited by state law in certain instances, and some of these limitations will apply to the New Town Hall project. The New Town Hall project review procedure will therefore be somewhat more complex than for the library project. This is because all applications for General Plan amendment and rezoning must pass through the Planning Commission, in an advisory capacity, for a_recommendation to the Town Council. In addition, the Town's Local CEQA Guidelines require that any EIR or Negative Declaration for a project be considered by the advisory body during its review of the project, provided that the advisory body is required to review the project. The Town Council has the authority to combine the Planning Commission and Town Council public hearings into one joint session. This joint session approach was used for both the Vista Tiburon and Marinero Estates (Harroman)projects in the past five years. Responsibility: Town Council to select the desired application review process. Town staff, architect, and Building Advisory Committee to develop project description. Time Needed: Assume completion of project description by December 15, 1995. TASK #2. preparation of Initial Study. This task consists of analyzing the project impacts in an initial study checklist format in accordance with the California Environmental Quality Act. The initial study will result in either a determination that a negative declaration is appropriate, or that an EIR must be prepared for the project. Responsibility: Town Staff and consultants. Timing: After the project description is prepared, 45 days to completion of initial study. (Dec. 15, 1995-Feb. 1, 1996) TASK #3. CirCUlation of Draft Negative Declaration. Assuming the "best case" scenario, the initial study would conclude that a negative declaration was appropriate and a 30-day public review period would ensue for the draft negative declaration/initial study. Responsibility: Town Staff and consultants. Timing: 30 days (Estimated Feb 1-March 2, 1996) TlBURON TOWN COUNCIL STAFF REPORT 1216~5 2 TASK #4. PUblic hearing on negative declaration and project. Under "best case" conditions, the Town Council and Planning Commission would hold a joint session at which the negative declaration would be certified and the general plan amendment adopted. First reading of the ordinance rezoning the property would occur. First reading of the ordinance establishing processing procedures for the project and exempting it from normal review procedures in the zoning ordinance would occur. Second reading and adoption of both ordinances by the Town Council could occur not less than five (5) days after the first reading of the ordinances. At this point the project would be approved, and only staff-level implementation (building permit/construction drawing review) would remain. Responsibility: Town Council, Planning Commission & Staff. Timing: The public hearing could be held within 10 days of the end of the negative declaration pUblic comment period, as some time might be needed for staff to address any comments submitted during the 30 day period. (Estimated week of March 11, 1996, with final approval the following week). EXHIBITS 1. Town of Tiburon Ordinance No. 388 N.S. approving processing procedures for the Measure M new town hall project. 2. Draft ordinance establishing processing procedures for the Belvedere-Tiburon Library. 3. Minutes of the Town Council meeting of April 5, 1995. \scott\townhall.sch TlBURON TOWN COUNCIL STAFF REPORT 12All!l5 3 . .' ,.~ .tj ORDINANCE NO. 388 N.S. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING PLANNING PROCEDURES FOR THE TIBURON TOWN CENTER The Town Council of the Town of Tiburon does ordain as follows: SECTION I. PURPOSE The Town of Tiburon is proposing to build a new Town Center at the Ned's Way site to consist of Town administrative offices, a council chamber, community room and associated site improvements. Under the Town's zoning ordinance, this project would have to go to the Planning Commission for a use permit and the Design Review Board for site plan and architectural approval without any review or input by the Town Council. This ordinance exempts the Town Center from the Town's zoning ordinance while establishing review procedures for the project. The purpose of this ordinance is to maximize public input, streamline the review process anq hold down the cost of the project by making the Town Council the sole decision-making body for the project. SECTION 2. EXEMPTION FROM ZONING ORDINANCE 1- ( The Tiburon Town Center Project shall be exempt from all provisions of the Tiburon Zoning Ordinance (Tiburon Municipal Code Chapter 16), including, but not limited to Section 2.13.00 (Public/Quasi-Public Zone Regulations). SECTION 3. REVIEW PROCEDURES ESTABLISHED FOR TIBURON TOWN CENTER Plans for the Tiburon Town Center Project at the Ned's Way site shall be reviewed pursuant to the following procedures: (a) The Town Council shall hold public meetings to review and approve a Preliminary Master Plan/Circulation Plan for the project, architectural design for the project, and final working drawings and specifications prior to bidding for construction. (b) The project is subject to CEQA and the necessary environmental review shall be conducted at the appropriate stages or the project. (c) At any time during the process, the Town Council may, as deemed appropriate, rerer the project to the Planning Commission, Design Review Board, Board or Adjustments and Review or any other Council-appointed Committee ror that body's input or analysis. Such rererrals shall be advisory and not binding on the Council. 1 EXHIBIT NO.-L . . .. - ~.. f) (d) The final project as approved shall be reviewed by the Town's Buildin: Inspector for code compliance; however, no building permit need be issued. SECTION 4. SEVERABILI1Y. If any section, subsection, clause, sentence, or phrase of this Ordinance is for an' reason held to be invalid or unconstitutional by a decision of a Court or competen jurisdiction, such decision shall not affect the validity of the remaining portions of th, Ordinance. The Town Council of the Town of Tiburon hereby declares that it woull have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof irrespective of the fact that anyone or: more section, subsections, sentences, clauses, 01 phrases may be declared invalid or unconstitutional. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the dati . of passage, and before the expiration of fifteen (15) days after its passage the same shall be published, with the names of the members voting for and against the same, at leasl once in a newspaper of general circulation, published in tiJe Town of Tiburon. I ( PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on January 20, 1993, by the following vote: AYES: COUNCILMEMBERS: Nygren, Friedman, Thayer, Thompson, Kuhn COUNCILMEMBERS: None COUNCILMEM~4:, ALVIN R. KUHN, MAYOR TOWN OF TIBURON NOES: ABSENT: ATIEST: 2 . , ( ( ORDINANCE NO, _N.S, AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ESTABLISHING PLANNING PROCEDURES FOR THE BELVEDERE-TIBURON MUNICIPAL LIBRARY The Town Council of the Town of Tiburon does ordain as follows: SECTION I. PURPOSE The Town of Tiburon owns property at the comer of Tiburon Boulevard and Mar West Street. This property has been previously designated the site for the new Belvedere- Tiburon Municipal Library. This library will be constructed and operated by a Joint Powers Authority to be created by the Town of Tiburon and the City of Belvedere. Pursuant to the provisions of Tiburon's zoning ordinance (Tiburon Municipal Code Chapter 16), this project would be required to go to the Planning Commission for a use permit and to the Design Review Board for site plan and architectural approval. Because the proposed library has already been designed as a proposed county library and has received a review by the DRB in 1993, the Town Council is adopting this ordinance for the purpose of establishing more streamlined planning procedures. SECTION 2 EXEMPTION FROM ZONING ORDINANCE The Belvedere-Tiburon Municipal Library shall be exempt from all provisions of the Tiburon Zoning Ordinance, Tiburon Municipal Code Chapter 16, SECTION 3 REVIEW PROCEDURES ESTABLISHED FOR BELVEDERE- TIBURON MUNICIPAL LIBRARY Plans for the new Belvedere-Tiburon Municipal Library shall be reviewed pursuant to the following procedures: (A) The project shall be reviewed by the Design Review Board only to the extent that the project has changed since the DRB review of April 8, 1993. This review, if applicable, shall include the main structure, landscaping, parking and other improvements. (B) On-site parking and circulation shall be reviewed by the Town Engineer for the purpose of maximizing available parking while ensuring safe circulation, [C] Prior to any work on the site, the project shall be reviewed by the Town's Building Inspector and a building permit issued. EXHIBIT NO. -2. ( ( ., (D) The project is subject to CEQA and a negative declaration applicable to the project was adopted by the Town Council on , 1995. (E) The project shall be exempt from all Town planning and permit fees except where the Town incurs a direct cost. SECTION 4, EFFECTIVE DATE This Ordinance shall take effect and be in force thirty (30) days after the date of passage and before the expiration of fifteen (15) days after its passage a copy of the ordinance shall be published with the names of the members voting for and against it at least once in a newspaper of general circulation published in the Town of Tiburon. This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on ., 1995, and was adopted at a regular meeting of the Town Council of the Town of Tiburon on 1995 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ANDREW THOMPSON, MAYOR Town of Tiburon DIANE CRANE, TOWN CLERK Drafted 4/7/95 2 . ( A point of order was called when the issue of a use permit for the Main Street Properties' Tiburon Boulevard/Mar West parking lot was raised. Item will be placed on next agenda. 12. TOWN ADMINISTRATION COMPUTER PROGRAM Finance Director Stranzl reviewed staff report on proposed purchase of replacement equipment for Town computer system, followed by questions from Nygren and Wolf. MOTION: For Subcommittee and Stranzl to review computer plan and work together to finalize plan, and to accept bids Moved: Vote: Thompson, Seconded by Thayer AYES: Unanimous NOES: None I. NEW BUSINESS 13. NEW BELVEDERE/TIBURON LIBRARY PROJECf (Application Processing) Town Attorney Ewing presented staff plan to proceed with new Library application processing. During public comment, Nat Marans had questions on the Joint Power Agreement and Mello-Roos district. ~ After discussing issues related to the downtown library site, Council directed staff to proceed with application processing for the new library and to limit design review to new features added subsequent to inital review. J. COMMUNICATIONS 14, PUBLIC NOTICE OF AMENDMENT TO CPUC LAND USE REGULATIONS Reference was made to letter from the PUC dated February 24, 1995 regarding land use decisions for [placement of] cellular towers. Council directed Town Manager Kleinert to express views of the Town against placement, to entities listed in letter. 15. LETTER FROM MILL VALLEY TO TOWN MANAGER Council acknowledged receipt of informational only letter from Mill Valley regarding consolidated Southern Marin Police Department. K. STAFF AND TOWN MANAGER REPORTS l 16. DOWNTOWN PARKING STUDY UPDATE Town Attorney Ewing presented enlarged aerial photograph pertaining to stall' report on Downtown Parking Study, Councilmember Nygren suggesteJ that the Planning Commission be consulteJ for their recommendation as to scope of stuJ!" The matter was continued and the Town Attorney indicated he woulJ discuss the status with the TOWN COUNCIL MINUTES #10-18 4/05/95 4 EXHIBIT NO.~ .' 1 1-22-199:; 5 S,3Dl'l FPOl1 P 2 .; (I 'c /) +- ,(,-rC):.. '. /?-z rln-hv Ie Ve //-2.1-rs 7}/fI.. IJD. =Ift,) r5l '= .~ I"~' [.] \\/lIt.o> rR\ ~ll U:; (~;J J~ W I@!, JJ; NO'I ,,~ ,nA" \ ~ / l'j'1:' MEMORANDUM VXA FACSIMILE (415) 435-2438 TO: Nicky Wolf, Mayor Jerry Thayer, Vice-Mayor Andrew Thompson Terry Hennessey Mark Ginalski TOWN f/!i\Ni\CiERS OFFICE TOVII,: OF T!8URON FROM: DATE: November 22, 1995 RE: Workshop discussion points Please allow this memorandum to serve as my formal comments regarding issues discussed at the November 21, 1995 Town of Tiburon workshop. These items, listed in no particular order of importance, are presented for purposes of discussion and if appropriate further action. CECA CONSIDERATIONS - TOWN HALL AND LIBRARY SYTES I am particularly concerned with the notion that there are now two separate projects underway on the corner of Mar West and Tiburcn Boulevard. The presentation made by architects Bull, Stockwell, Allen and Ripley ("BSA&rl") stressed the overall project goals of creating an "integrated civic center mast.er plan" which incorporates the town hall, the library, parking and public open spaces. The handout prepared by BSA&R is replete with references which discuss this "gateway" corner as a single project. CEQA mandates that environmental considerations do not become sU~merged by chopping a large project into many little ones, each with a potential impact on the environment, which cumulativelY may have disastrous consequences. [city of Santee vs. county of San Diego (1989) 214 Cal.App.3d 1438, 263 cal.Rptr. 340.J CEQA attempts to avoid this result by defining the term "project" broadly. (Ibid.) A project under CEQA is the ~hole of an action which has a potential for resulting in a physical change in the environment, directly or ultimately, and includes the activity which is being approved and Which may be subject to several discretionary approvals by governmental agencies. [McQueen vs. Board of Directors (1986) 202 Cal.App.3d 1136, 249 Ca1.Rptr. 439.) "An accurate project and description is necessary for an intelligent evaluation of the potential environmental effects of a proposed activity." (Id. 202 Cal.App.3d at page 1143, 249 Cal.Rptr. 439.) A narrow view of a project could result in the fallacy of division. that is, overlooking its cumulative impact by separately focusing on isolated parts of the whole. (Id. at page 1144, 249 Cal.Rptr. . 1 -j -22- i 9S:6 5: 53PI1 FPGI1 ~-' -' .,' " Re: Workshop discussion points November 22, 1995 Page 2 439. ) At this junoture, I believe it is appropriate to ask for a legal opinion from John Sharp with respect to this issue. Specifically, we need to determine whether or not the library and town hall buildings should be construed as two separate projects under CEQA. This issue should be resolved before any decision on the initial study for the library is made. The Mayor, working in conjunction with the Town Manager and perhaps a member of the legal subcommittee (Jerry) should address and provide guidance to the town attorney. INITIAL STUDY I was surprised to learn that the initial study for both the library and town hall were to be presented directly to the town oouncil after the comment period. My suggestion is that the planning commission agendize the initial study so that it may have the opportunity to review this community project. It is a bit incongruent that the board with the best handle on general plan and zoning issues should be bypassed. We should have enough time, even under an aooelerated schedule, to allow the Planning commission a chance to review these plans. GEOTECHNICAL ISSUES I was expecting to have the opportunity on November 21 to ask questions of the geotechnical engineer from Miller Pacific Engineering Group who prepared the investigation of the town hall site. Page six of the September 29, 1995 geotechnical investigation discusses foundation selection and fill settlement. The engineer discusses three foundation systems and ultimately recommends either a shallow grade beam system or a mat foundation program. On November 21, the architects presented a "raft" foundation system and I am uncertain as to whether or not the specifioation and criteria of this proposed fo~ndation meet the requirements of our geotechnical engineer. I understand that the pier and grade beam founda~ion syste~ was not considered partly because of expense. I do not know whether or not a pier and grade beam foundation system would perform better than the proposed alternative(s) on bay mud during a cataclysmic seismic event. If pier and grade beam would be superior to the raft foundation system. we should at least explore the possibility of implementation. One option would be, during the bid process, to ask for an alternate bid on a driven pile foundation system. If we feel that the expense is justified (or the expense of the raft foundation as compared with the pile foundation system turns out to be minimal) we can then make a fully-informed decision. ! will attempt to contact Miller Pacific and hopefully be able to report any conversation . I j-22-199S 5:54P11 FP~1 P a . " Re: Workshop discussion points November 22, 1995 Page 3 regarding this issue at the next council meeting. STORY POLES Councilperson Hennessey and I discussed this matter during the November 21 meeting. Terry indicated that having story poles on the library site in conjunction with the town hall site would be useful in analyzing visual/aesthetic impacts. I agree, but expect vehement opposition from the library folks. If appropriate, this issue should be discussed at the next council meeting. SHARED PARKING The program, as set forth by BSA&R, lists as one of its goals to ". . . provide for public access to some of our [parking] spaces for weekend overflow use from the adjacent Angel Island pay lot." We of course need to discuss with Mr. Zelinsky his willingness to enter into appropriate indemnity/hold harmless agreements, as well as discuss income, if any, which would flow to the town as a result of this arrangement. Conversely, there are situations where the town may need to use the Angel Island pay lot for overflow parking. The town of course will need to enter into similar indemnification/hold harmless agreements in this situation, as well as provide payment to Mr. Zelinsky. It may make sense just to set up an arrangement where neither Mr. Zelinsky nor the town charges the other for usage of parking lots. My personal opinion is that the town should not charge citizens to park at the town hall site and/or Angel Island lot in order to attend town meetings. This would set a bad precedent and may usher in an era of parking meters at Blackies pasture, something I wish to avoid. GENERAL ITEMS There still exists the issue of an easement recorded by Home SavingS/Metropolitan Life regarding drainage. I know Rob Ewing was working on the easement issue with Metropolitan Life but I don't know the status. I also seem to recall that the lifting of the easement by Metropolitan would require the installation of $om. drainage piping near or along Tiburon Bou~evard. Who pays? Speaking of paying, who would pay to reconstruct the median on Tiburon Boulevard for access to the civic center project? Will this monQY come from the librarY/town hall building funds or some other account. We still do not hold title to the town hall site. Are the schedules and deadlines We set on November 21 realistic given the fact that litigation is still pending? AS Nicky said, we want to complete this project as soon as possible, but it should be done right. I ~ -22- ! ~~~lS 5: 55~'11 FI':OII p :; n ,. Re: Workshop discussion points November 22, 1995 Page 4 We should also have some construction estimates before we get too far into the approval process. One final point regarding the interior space planning. I was somewhat surprised at the size/area allocated to the Parks & Recreation Department. As you know, the City of Belvedere was kicking around the idea of putting this jOint-department in a separate building in Belvedere. We may want to consider that request anew based on the amount of space available in the proposed town hall. CONCLUSION I raise these issues for discussion purposes only and am happy to talk with any member of the Planning Commission, Design Review Board or staff regarding this project. The Brown Act limits the amount of conversation I may have with my fellow councilmembers. With the exception of a request to Mr. Sharp for an opinion letter regarding the scope of the project (which I believe should be done immediately by direction of the Mayor and Town Manager), the balance of the items may be agendized at the discretion of the Mayor. Thank you for your attention to this matter. cc: The Planning Commission The Design Review Board Robert L. Kleinert, Town Manager John Sharpe, Town Attorney Sia Mohammadi, Town Engineer Scott Anderson, Planning Director f;\e~\m&\IiWron\melmo. ~(l(..' I"'" II: , ?(c.. J F - . TOWN COUNCIL STAFF REPORT To: TOWN COUNCIL FINANCE DIRECTOR Meeting: DECEMBER 6, 1995 From: Item No: l' Subject: APPROVE EXTENSION OF SOLID WASTE FRANCHISE AGREEMENT WITH MILL VALLEY REFUSE SERVICE Backl!round: This item is for approval of extension of the Solid Waste Management Franchise Agreement between the Town of Tiburon and Mill Valley Refuse Service, Inc. Discussion: Mill Valley Refuse Service has held the exclusive franchise to collect refuse in the Town since 1965. The Franchise Agreement has been extcnded previously, and is currently due to expire December 3 I, 1999. In anticipation of impending expiration of the Agreement and in conjunction with their business planning concerns in raising the capital necessary for financing of facilities improvements and acquisition of new rolling stock, the company requested an extension of the Agreement in order to position itself favorably with lending institutions, In response to the company's request for extension the City Managers of Belvedere, Mill Valley and Tiburon have taken this opportunity to revise the Agreement in order to incorporate provisions which address changes (State-mandated waste diversion goals, AB939, recycling, etc.) which have occurred since the original Agreement was adopted. Another important objective was the standardization of the Agreement to ensure that the three communities enjoyed the same level of services and benefits the company has to offcr. The Agreement contains provisions that will extend the franchise through the year 2005 (to December 31st), with annual extension of an additional year unless either party gives the other a notice of cancellation or termination. The Agreement also outlines the services that the company provides to the residents and the Town: including regular refuse collection, green can services, the collection of debris removed from public receptacles by the Public Works Department (no fee to the TO\m), and annual Spring clean-up of bulk materials (no additional fee to residents). Analvsis: The preceding section referred to general differences between the eurrcnt and the proposed draft Agreement The following table provides a comparison bctween the currcnt and draft Agreement by way of rcfercncc to the numbcred and titlcd sections of the draft Agreement Where appropriate it is indieatcd ('not addressed') if the current Agreement does not appear to have language which addresses the particular issue(s). Comparison between Current and Draft Proposed Agreement Agreement Section Existing Agreement Proposed Agreement Definitions None provided. Provided for: AB939, Disposal Facility, Garbageffrash/Refuse, Green Waste, Green Can, Recyclables, Recycling 2 Term Ends December 3 I, 1999 From December 31, 1995 through Ten (10) year extensions. December 31, 2005. Annually an additional year is added to the end of the term, excepting for notice of cancellation. 3 Performance Garbage to be collected, Town to be Delineates the types of waste to be consulted concerning landfill site collected, addresses disposal and utilized, no mention of regular diversion facilities to be utilized, operating business practices. outlines business responsibilities and operating guidelines. 4 Termination for Town to give ten (10) days notice, and Provides time line for written notice, Non-Performance provide adequate hearing. hearing, and termination of the Agreement Ninety (90) days following notice of decision to terminate, 5 Insurance Required workers' compensation and Requires workers' compensation liability insurance ($300,000), ($1,000,000) and liability insurance ($5,000,000), and automobile liability ($1,000,000). 6 Hold Harmless Not addressed. Stipulations concerning anti-trust and related action against company,. 7 Franchise Fee Identifies rate, to be paid to the Town Identifies rate, to be paid to the Town semi-annually. quarterly. 8 Examination of Town may examine financial records in Town has right to examine financial Records conjunction with rate applications. records at any time. 9 Right of Inspection Not addressed. Town inspect collection, removal or disposal of refuse. 2 Table continued. Agreement Section Existing Agreement Proposed Agreement 10 Extra Services Annual residential bulk materials Green Can service. Annual Bulk clean-up in Spring. materials clean-up. Debris Box services for Department of Public Works Corporation Yard. 11 Rate Review Concerns examination of financial May be submitted on annual basis, but records, no language concerning timing not less than once every 3 years, New of rate applications. section for examination of records 12 Hearing of Rate Not addressed. Addresses timeliness of application Review process. 13 Billing Not addressed. Addresses business practices. 14 Recycling Not addressed Delineates parameters of recycling operations in community. 15 AB939 Not addressed. Incorporates statutory requirements of AB939 (California Integrated Waste Management Act). 16 Assignment Agreement may be assigned with the Agreement may be assigned with the consent of the Town CounciL consent of the Town Council, with provisions for recycling. 17 Further Benefits Not addressed. Community may avail itself of benefits and services which are provided other cities by company, 18 Separability Not addressed. Provisions included. The draft Agreement has been reviewed by legal counsel and by consulting specialists in the field of solid waste management Their comments and concerns have been incorporated into the Agreement where possible. The draft Agreement has also been the subject of negotiations with Mill Valley Refuse Service wherein agreement was reached with the company concerning all sections of the Agreement Mill Valley Refuse Service has provided excellent service to the community and has demonstrated willingness and flexibility in working with the TO\\11 and its elected officials to meet our State-mandated waste diversion and recycling goals. Extension of the Franchise Agreement will enable to the company to address its business planning concerns and that this level of service will continue to be provided in our community. 3 . Recommendations: Approve extension of the Solid Waste Management Agreement with Mill Valley Refuse Service, and authorize Staff and the Mayor to execute the Agreement Exhibits: L Solid Waste Management Agreement (dated November 8,1995) . 4 SOLID WASTE MANAGEMENT AGREEMENT BETWEEN THE TOWN OF TIBURON AND MILL VALLEY REFUSE SERVICE, INC TABLE OF CONTENTS Recitals Section I, - Definitions Section 2. - Term Section 3. - Performance Section 4. - Termination for Non-Performance Section 5. - Insurance Section 6. - Hold Harmless Section 7, - Franchise Fee Section 8. - Examination of Records Section 9. - Right ofInspection Section 10. - Extra Services Section I L - Rate Review Section 12. - Hearing of Rate Review Section 13. - Billing Section 14. - Recycling Section IS. - AB939 Section 16. - Assignment Section 17. - Further Benefits Section 18. - Separability I 2 2 3 3 4 4 4 4 5 5 5 5 6 6 6 7 7 7 SOLID WASTE MANAGEMENT AGREEMENT THIS AGREEMENT is made and executed this day of .1995, by and between the Town of Tiburon, a municipal corporation, hereinafter referred to as "Town," and Mill Valley Refuse Service, Inc., a California corporation, hereinafter referred to as "Collector." WITNESSETH: WHEREAS, the Town and the Collector or its predecessors have heretofore entered into an agreement granting the exclusive right of arranging for the collection, removal and disposal of garbage from within the Town; and WHEREAS, said agreement had been extended and the term thereof is now scheduled to terminate on December 31,1999; and WHEREAS, the granting of said exclusive right is permitted pursuant to section 40059 of the Public Resources Code of the State of California and is intended to enable the Town to better regulate the collection, removal and disposal of said garbage inasmuch as it is in the public's interest; and WHEREAS, the granting of an exclusive franchise to the Collector is in the best interest of the Town from the standpoint or furthering the Town's desire to mitigate the potentially adverse impacts that unrestricted refuse equipment and vehicles might have on the infrastructure; and WHEREAS, it is the desire of the Town to ensure compliance with the Integrated Waste Management Act of 1989 (AB939) as it now exists or as it or its successor legislation may be modified and/or enacted in the future, with the express purpose in mind of meeting the waste diversion goals established by the State of California; and WHEREAS, the Town and the Collector now desire to enter into a new agreement which shall replace and supersede the previous agreement and all amendments and modifications thereto. I November 8, 1995 NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, IT IS AGREED AS FOLLOWS: SECTION - DEFINITIONS. As used throughout this agreement, the following terms shall have the meanings set forth below: A. "AB939" shall mean the Integrated Waste Management Act of 1989. B "DISPOSAL FACILITY" shall mean any facility that is licensed by the State of California and the local jurisdiction in which it is located to receive garbage and green waste. C "GARBAGErrRASH/REFUSE" shall mean and include any and all garbage, debris, animal and vegetable waste resulting from the handling, preparation, cooking and consumption of foods, grass or weed cuttings, tree and brush trimmings, roofing, construction and demolition wastes, and all other waste materials such as metal, glass, crockery, sweepings, paper, wrappings, containers, cartons and similar articles, D. "GREEN WASTE" shall mean any and all vegetative matter that is compost able and shall include, but not be limited to, grass, shrub, bush, and weed clippings and tree trimmings and cuttings. E. "GREEN CAN" shall mean any receptacle provided by the Collector for the periodic collection of Green Waste. F "RECYCLABLES" shall mean any and all manufactured consumer waste or byproducts that are capable of being reused in their same form or in a different form, G. "RECYCLING" means the collection or processing of any recyclables outside of the premises from which such materials have derived. SECTION 2.: TERM, The term of this agreement shall be from the date hereof through December 31, 2005. At the end of each year, this agreement will be extended automatically for another year, which year shall be added to the end of the term unless either party gives written notice to the other party canceling any such extension, providing however, that every fifth year commencing in 2000, the Town may, at its sole discretion, require an affirmative action of the Town Council for the annual one year extension of this agreement, providing however, that if the Town elects not to subject the annual extension of this agreement to Council review and ratification in the year 2000, or on each subsequent fifth year anniversary thereafter, it shall be extended automatically for another year. If notice of cancellation is given, this agreement will continue in force only to the end of its then remaining term. 2 November 8, 1995 . SECTION 3.: PERFORMANCE. The Collector shall, during the term of this agreement and any extension thereof, have the sole and exclusive right to collect and dispose of garbage from within the Town, and shall perform all seIVices required of it by the provisions of the Municipal Code of the Town relating to garbage collection and recycling, which services shall include, but not be limited to, residential and commercial refuse collection and disposal, green waste collection, processing and diversion, debris box collection and disposal, annual free collection and disposal of residential bulky goods, weekly collection and diversion of recyclables, and free public facilities refuse collection and disposal of garbage. Once collected by the Collector, any and all garbage and green waste shall become the property of the Collector, and shall be disposed of at, or diverted to and/or through, whatever disposal or diversion facility the Town deems appropriate. The Town agrees, through its officers and agents, to require property owners of the Town to comply with same, including not less than weekly garbage collection from each residence and business within the Town. The Collector shall, between the hours of 5:00 AM and 5:00 PM weekdays, conduct its garbage collection and recycling business in the Town in compliance with all sanitation regulations, health laws, and ordinances the Town, State of California and Federal Government now has in force or which may be adopted at any time during the term of this agreement or any extension hereof, and in accordance with good business practices and methods customary in such line of business, and shall receive, collect, remove and dispose of all garbage offered to it for disposal from within the Town, when tendered in industry approved containers or receptacles used for such purpose. The collection of debris box refuse from non-residential properties shall not be subject to the hours of operation delineated above. The Town shall require that the owner of any residence within the Town shall be responsible for payment of the charges and rates levied by the Collector as authorized by this agreement The Collector shall be obligated to collect, remove or dispose of garbage from any residence even if the owner or occupant of said residence is in arrears in the payment of garbage removal charges. In May of each calendar year, the Collector shall notifY the Town of all delinquent accounts and the Town shall use its nuisance abatement powers to effect the collection of all delinquent payments through the property lien process and remit same to the Collector. SECTION 4.: TERMINA TION FOR NON-PERFORMANCE. If the Collector fails, refuses or neglects to comply with any of the terms hereof or any laws, ordinances or regulations referred to herein, or defaults under any provision of this agreement, for a period of thirty (30) days after having been notified thereof by the Town Council ofTiburon, then, after a hearing upon at least ten (10) days' written notice to the Collector, the Town shall be entitled to terminate this agreement 3 November 8, 1995 . ninety (90) days from written notice of the Town Council's decision to terminate for non- performance. Such remedy shall not be deemed an election and shall be in addition to any and all rights and remedies against the Collector which the Town may have by law or hereunder. SECTION 5.: INSURANCE. For the protection of both the Collector and the Town, the Collector shall provide and maintain a minimum $1,000,000 workers' compensation insurance policy, a minimum $5,000,000 per occurrence general liability insurance policy, and a minimum $1,000,000 automobile liability insurance policy with a reputable insurance carrier with a BEST or comparable rating firm rating of AA or better. The limits of coverage shall be reviewed periodically and adjusted to reflect limits that the Town deems appropriate for providing protection for both the Town and the Collector. The Collector agrees to name the Town, it officials and its employees as additional insureds on the general liability insurance policy and the automobile liability insurance policy. The Collector further agrees to submit evidence of such coverages to the Town upon the execution of this agreement and annually thereafter on/or about July 1. SECTION 6. : HOLD HARMLESS. The Collector agrees, at its sole cost and expense, to defend, save and hold the Town, its officers, agents and employees, free and harmless from any and all losses, claims, causes of action or administrative proceedings arising out of alleged anti-trust, anti-competitive or unfair business practices or in any way related to the activities of the Collector pursuant to this agreement or any extension hereof SECTION 7.: FRANCHISE FEE. The Collector agrees to pay to the Town an amount equal to ten percent (10%) of the gross receipts of the Collector, which gross receipts are derived from customers or property owners furnished with garbage service by the Collector within the territory regulated by the Town. The franchise fee shall be paid for each and every calendar year during the term of this agreement, or any extension hereof, which amounts shall be paid quarterly within thirty (30) days of January I, April I, July I, and October I of each year, accounting for the gross receipts for the immediately preceding three (3) month period. It is further agreed that the franchise fee may be modified at the discretion of the Town by adoption ofa resolution that either decreases or increases the percentage of gross receipts specified above. SECTION 8. : EXAMINATION OF RECORDS. At any time during the period of this agreement or any extension hereof, the Town shall have the right to examine any and all of the records and accounts, books, charges, and receipts of the Collector, and the Collector agrees that during said period it will keep, maintain, and if requested, furnish copies to the Town, of records of charges, receipts, and other necessary books of account pertaining to work and services within the 4 November 8, 1995 Town for the immediately preceding three (3) year period. SECTION 9. : RIGHT OF INSPECTION. The Collector hereby agrees that it will, whenever requested to do so, permit any inspector, appointed for such purpose by the Town, to accompany the Collector in the course of collection, removal, or disposal of garbage in the Town, and to inspect the manner in which collection, removal and disposal is made, and the size of any receptacles from which such garbage may be, or has been collected, and the amount of garbage collected therefrom. SECTION 10.: EXTRA SERVICES. A The Collector agrees that it will proceed with all due diligence to implement and thereafter maintain a bi-weekly, shay-eight (68) gallon "green can" service to remove from the curb at the premises of each residential property owner or tenant, all leaves, brush, grass, tree or brush clippings placed therein and deriving from the premises, and to divert all said green waste from landfill disposal to a facility designed and intended to help the Town comply with the provisions of AB939. B. In the Spring of each year, the Collector agrees to remove from the premises of each residential property owner or tenant, at no extra charge, up to a maximum of three (3) cubic-yards per residence of any dry, non-putrescible materials or rubbish (not including yard waste and trimmings) set out for collection along the curb or street The Collector shall have the right to require all such materials to be securely tied in bundles, or to be contained in non-returnable bags or containers. C. Weekly, at no cost to the Town, the Collector shall remove any and all garbage from containers at each and all of the Town government buildings and sites delineated in the Public Solid Waste Receptacles Listing that is attached hereto and made a part hereof, which listing is subject to change by the Town, In addition, the Collector shall annually provide and service a minimum of _ debris boxes at the Corporation Yard in whatever sizes are desired by the Town. SECTION ll: RATE REVIEW. The Collector may submit an application for rate review on an annual basis, but not less than once every three (3) years. If the Collector fails to submit an application for rate review on or before April 1 of each year, the Collector agrees to waive its rights to file such an application for the following fiscal year of the Town. The Collector shall submit any and all data requested by the Town in the format prescribed by the Town. Generally, the application shall set forth the actual revenues and expenses of the Collector for the most recently completed annual operating period preceding the date of application, based on review and written report of a certified public accountant, and shall contain projected operating costs for the following twelve (12) month fiscal period based on actual costs incurred and include a margin that will assure the Collector 5 November 8, 1995 . of a fair and equitable return, the amount of which return shall be within the parameters established by the Town, The actual costs incurred for the aforementioned twelve (12) month period may be modified by fully documented changes in cost levels, operations, or experience between the actual operating period and projected period of operation, The cost of any analysis of the Collector's rate application shall be borne by the Collector and shall be considered as an eligible cost to be included in the projected operating costs for the following twelve (12) month fiscal period. In interim years between formal rate reviews, annual rate adjustments may be permitted based on changes in whatever consumer or producer price indices the Town and the Collector agree are appropriate. SECTION 12.: HEARING OF RATE REVIEW. Upon any application for rate review, the Town shall schedule a hearing thereon as soon as practicable following an analysis of an application that has been deemed complete by Town staff. SECTION ]3.: BILLING. The Collector shall, at predetermined intervals, mail or deliver to each single-family residential customer in the Town a statement of account for services at the rates established as provided by this agreement, and shall, once a month, mail or deliver to each multi- family or commercial establishment a statement of account for services. SECTION ]4. : RECYCLING. The Town shall have the right, in its sole discretion, to require The Collector to initiate, operate and maintain a recycling program for any or all materials from within the Town, on such basis and upon such conditions as the Town deems to be in the best interests of its citizens; provided, however, that in connection therewith, the rates for service shall be amended to assure the Collector a fair and equitable return. During the term of this agreement and any extension hereof, The Collector shall have the sole and exclusive right to provide, sustain and maintain recycling services within the Town and shall have the right to subcontract for such work, provided, however, that in the event the Town and the Collector are unable to reach an agreement concerning the Collector's ability to provide or sustain and maintain the Town's desired level of recycling services, or the Collector is unwilling to provide recycling services as delineated above, the Town retains the right to contract with another recycling company for the purpose of providing the desired service. SECTION ~ : AB 939. The Collector acknowledges that it is familiar with the requirements imposed by the California Integrated Waste Management Act of 1989 (AB 939), and the Collector agrees to cooperate fully with the Town in meeting said requirements. The Collector shall commit its best efforts toward complying with same, including, but not limited to providing the 6 November 8, 1995 Town with monthly information regarding all refuse and green waste tonnage collected and either disposed of or diverted, and implementing a public education program through the use of periodic brochures or newsletters that are distributed to residents, SECTION 16.: ASSIGNMENT. The Collector may not assign, transfer or convey this agreement or any interest in this agreement, save and except with the consent and approval of the Town by action of the Town Council, which consent and approval shall not be unreasonably withheld; provided, however, that the Collector shall have the right to subcontract any recycling work required of it as specified in the preceding section hereof SECTION 17. : FURTHER BENEFITS. The Collector agrees that it will provide to the Town, at all times during the term or any extension hereof, the right to avail itself of any and all other benefits and services which the Collector provides to any other municipality where the Collector holds an exclusive agreement for the collection of garbage or for recycling, on terms and conditions similar to those provided to such other municipality, SECTION 1!,: SEP ARABILITY. If any section, sentence, subsection, clause, or phrase of this agreement is for any reason held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this agreement 7 November 8, 1995 IN WITNESS WHEREOF, the parties have executed the foregoing agreement as of the day and year first above written. TOWN OF TlBURON, a municipal corporation MILL VALLEY REFUSE SERVICE, INC., a California corporation by Mayor by President by Town Clerk by Secretary (Seal) (Seal) 8 November 8, 1995 . TOWN COUNCIL STAFF REPORT To: TOWN COUNCIL FINANCE DIRECTOR Meeting: Item No: DECEMBER 6, 1995 "*"9 From: Subject: STREETS IMPROVEMENT PROGRAM - Consideration of Ballot Measure Options for Special Parcel Tax to Implement Five- Year Streets Repair Program Backl!rollnd: This item is for consideration of ballot measure options to finance and implement a proposed five- year streets repair program, At the Town Council meeting November 15, 1995, Council received a staff report concerning a proposed five-year $2,500,000 streets repair program, the budgetary status of current street repairs funds, possible financing alternatives, and County election and ballot wording deadlines. Council directed Staff to provide further information concerning two (2) financing alternatives: 1. Pay-as-you-go, five-year special tax 2. Ten-year bond financing, supported by revenue of the special tax One alternative will be selected, and appropriate ballot wording and resolutions will be adopted to place the selected alternative on the March 1996 ballot. Discussion: The following sections provide summary information and data concerning the streets improvement objective, town parcel data, and two (2) financing alternatives. 1. Streets Repair Program Objective The goal of the proposed improvement program is, over a five (5) year period, to repair and reconstruct 55 percent ofTiburon's streets. The Town Engineer estimates that supplemental funding in the amount of$500,000 per year for five (5) years will accomplish the objective, and in subsequent fiscal years regular State Gas Tax proceeds may used to maintain the street system to avoid costly reconstruction projects. -1- . 2. Parcel Data According to data provided by the County Assessor's Office, there are a total of3,431 parcels in Tiburon, however not all parcels may be taxable in a parcel tax system, examples follow: Some . . .~ parcels are exempt as classIfied by the County (town-owned), other parcels may,be clas~lfied as "unimproved" and are unbuildable strips (in which case a property owner may apply to the County to have lots or parcels merged or consolidated, which reduces the number of parcels), Table 1. Shows the County figures for parcel types and provides an estimate of the number of non-buildable parcels in Tiburon. The final column represents the total number of parcels [3,242] which may form the basis for a special parcel tax (exclusive of exemptions for other purposes), Table 1. - Parcel Data Non-Buildable Adjusted Total or exempt Total Parcel Type Description Parcels Parcels 1 Single Residential Improved 2,783 2,783 2 Single Residential Unimproved 311 121 190 3 Multiple Residential Improved 207 207 4 Multiple Residential Unimproved 22 16 6 5 Commercial Improved 52 52 6 Commercial Unimproved 14 10 4 7 Industrial Unimproved 1 1 0 8 Exempted 41 41 0 Column Totals: 3,431 189 3,242 3. Financing Alternatives A total of $2,500,000 is required to accomplish the program objective. Both financing alternatives - 5-years pay-as-you-go or 10-year bonds - require a special parcel tax to secure the resources to fund the improvements. A local agency has flexibility in structuring a parcel tax; a flat rate may be applied on all parcels, or may be structured in a manner that accounts for differences among property types and classifications (single family, multiple residential, commercial, etc.) -2- 3.a. Ten-Year Bond Financing Although $2,500,000 is required for improvements the Town would assume indebtedness of $2,700,000 - there are added costs of approximately eight percent (8%) which are associated with reserve requirements, underwriter, bond counsel and other costs of issuance, A summary of the costs to the Town and Property Owners is outlined in Table 2, below: Table 2. - 10 Year Bond Financing Figures 1 Amount to be Financed $2,700,000 2 Term of Bonds 10 years 3 Interest Rate 6.5% 4 Annual Debt Service Requirement $352,700 5 Cumulative Debt Service Cost $3,527,000 6 Costs in Excess of Project Costs $1,027,000 7 Parcels (Adjusted Total, from Table 1.) 3,242 8 Annual Parcel Tax per Property Owner $109 9 Cumulative Cost per Property Owner $1,090 Table 2. Line 8. Indicates that the annual per parcel cost is $109. This cost would rise as exemptions are provided for other purposes. Lines 5. and 6. show the total debt service costs to the Town, and the added costs resulting from financing of the improvements ($1,027,000). 3.b. Five Years - Pay-As-You-Go 3.b.1. General Discussion As previously indicated, the amount of revenue raised from Town parcels depends on the structure of the tax. Provisions for exemptions reduces the number of taxable parcels and increases the annual cost to each tax paying property owner Allowing for nearly 190 non- buildable parcel costs about $28,000, providing for homeowners (estimated at 200) who may qualify under the PG&E energy assistance program (lifeline) costs approximately $30,000. In a differentiated rate system allowance may be provided for low & moderate income multiple residential units such as Hilarita and Bradley House (114 units at a cost of approximately $8,000). -3- Many municipalities select a flat rate to raise revenue for general or special purposes, primarily because it is most simple to administer. However it is common for cities and local agencies to differentiate the tax rate according to land use type when financing infrastructure improvements. The reasoning underlying a differentiated structure is that different classes of users may realize different benefits from the improvements. In the case of the proposed plan it may be practical to consider a differentiated rate structure because of equity concerns. In a flat rate system all parcels are taxed equally: Is it equitable for a single family homeowner to pay the same rate as the owner of a multiple residential parcel. Moreover there are concerns that a multiple residential parcel may use streets more than a single family parcel. 3.b.2. Flat Rate Parcel Tax Preliminary discussions have referred to a flat rate of $147 per parcel, without rate differentiation for land use type. If the total number of parcels taxed is 3,242 (see Table L), and no other exemptions are provided, the total revenue realized is approximately $476,000, or $24,000 less than the required $500,000. The flat rate necessary to realize $500,000 is $155.. Table 3. summarizes the figures. Table 3. - Flat Rate Revenue Estimates Rate Parcels Revenue $147 $155 3,242 3,242 $476,574 $502,510 If exemptions are expanded to allow for homeowners who qualify under the PG&E lifeline program (200), the amount required is $164 per parcel. 3.b.3 Differentiated Rate Parcel Tax A simple differentiated rate structure would have two tiers: (1) a flat rate for attached and detached single family parcels, commercial, and all unimproved and buildable parcels; and (2) a proportional rate for multiple residential units. This may be used to address some equity concerns. The following Table 4. provides revenue estimates based on a two-tier rate system. The following assumptions are used: -4- . a. The full rate is applied to improved and unimproved buildable single family, commercial parcels, and one multiple residential unit (per MR parcel) b. A 50% rate is applied to 1020 multiple residential units c. Exemptions are factored as follows: (1) non-buildable parcels only, (2) non- buildable parcels, low/moderate housing MR units (114), and PG&E local energy assistance program qualified households (approximately 200). Table 4. - Tiered-Rate Revenue Estimates Flat Rate $134 $143 Multiple-Unit Exempted Revenue Rate Parcels, Units $67 Non-buildable $502,500 $72 Non-buildable, PG&E $500,000 LowlModerate Units By way of example, 114 MR units are exempted at the partial rate (a cost of nearly $8,000), and 200 homes may be exempted at the full rate. The owner of a multiple residential parcel would pay a tax based on full rate for one unit plus partial rate for all remaining units. 3,bA Parcel Tax Revenue Estimate Summary Table 5. provides a summary of the revenue estimates for each of the pay-as-you-go alternatives previously mentioned, Table 5 - Summary of Parcel Tax Rates and Revenues Flat Rate Multiple Unit Rate Exemptions Revenue $147 $0 Non-buildable (NB) $476,000 $155 $0 NB, only $502,300 $134 $67 (50%) NB, only $502,500 $143 $72 (50%) NB, PG&E, LIM units $500,000 The Table shows that a differentiated rate structure allows the Town to keep the rate for single- family residences near the preliminary tax rate of$147, however owners of multiple residential parcels would be required to fund a greater share than originally estimated for. -5- . 3.b.5 Prepayment Option It is possible to allow homeowners to prepay the five-year assessment at a discounted rate. By way of example, using a five percent (5%) discount rate, prepayment would result in 13,5 % savings to the property owner Table 6. - Prepayment of Streets Tax Description Flat Rate Cumulative Discounted for 5 Years Prepayment I Single Family $155 $775 $670 2 Single family $143 $715 $618 With reference to the table, the discounted prepayment means that the homeowner of a single- family residence pays an effective annual rate of $134 and $124, respectively, Prepayment is also available to owners of multiple residential units. Recommendations: That Town Council consider options and alternatives and: I. Adopt a financing alternative - ten-year bond indebtedness or five-year pay-as-you-go 2. Adopt a rate structure - flat rate or differentiated rates 3. Provide direction concerning provision for exemptions: all rate plans consider non- buildable parcels, flat rate only consider non-buildable and PG&E, if differentiated rates consider non-buildable, PG&E, and low/moderate multiple residential units 4, Provide recommendation concerning prepayment and discount rate. 5. Provide specific direction concerning the above aspects in order that Staff may incorporate the adopted recommendations into appropriate resolutions for the adjourned meeting of December II, 1995. -6- :f/eM. Vo. /1 TIBURON POLICE DEPARTMENT MEMORANDUM TO: MEMBERS OF THE TIBURON TOWN COUNCIL NOVEMBER 20, 1995 FROM: PETER G, HERLEY, CHIEF OF POLICE SUBJECT: REVISION OF FALSE ALARM ORDINANCE The following is presented to the Tiburon Town Council for first reading of a revision of the current Ordinance dealing with Burglar Alarm Systems. BACKGROUND: In September of 1993, the Tiburon Town Council passed Ordinance No 398NS which revised a previous ordinance dealing with Chapter 29 of the Tiburon Municipal Code relating to Burglar Alarm Systems. After two years, it was realized that the current ordinance has been relatively ineffective in achieving what it was intended to do. The ordinance is a major problem to administer, has generated considerable discontent from citizens and businesspeople in the community, and has not appreciably lowered the number of false alarms our police officers have had to respond to -- thereby, impacting the health and safety of the community. These problems were discussed at a Town Council/Town Administrators retreat and direction was given to revise the Ordinance, With the input ofa task force comprised of Town Council's Public Safety Committee (Councilmembers Thayer and Nygren), alarm industry professionals, and police representatives, the ordinance was revised and the following modifications are being submitted to the Town Council for approval. It is our collective feeling that the revisions and modifications have made the ordinance fair to all concerned (which the old ordinance was not), will lessen time to administer, and lower the numbers of false alarms our police officers respond to, It also affinns our resolve to build a partnership with the alarm industry as both the police and the industry benefit from lowering the amount of false alarms. REVISIONS/MoIllFICA nONS: Additions and/or changes are noted by underlined italics and deletions are noted by "strike-overs," The changes to the old ordinance include the following: . Section 29-2(0) - "Public nuisance" is is defined as eight false alanns activated during a 365-day period, Section 29-5( c) - Alarm businesses are also now given the responsibility to contact their alann users to notifY them of changes in the Alann Ordinance, Section 29-6(a) - A portion of this section is deleted as it no longer applies. Section 29-6( d) - To avoid confusion and to ease the administrative workload, alann pennits will be valid to December 31 following the date of issuance, Section 29-10(a) - An alann user shall not be penalized until the number offalse alanns reaches four in a calendar year. In this way, users can start with a "clean slate" each calendar year. Section 29-1 O(b) - Because of the problem with "runaway" alanns due to mechanical problems and the fines relating to them, it is fairer to count the numbers of false alanns within a 24-hour period rather than in a single calendar day. Section 29-1O( c) - Alann users would have 30 days to obtain a penn it after being notified of a false alarm penalty. As an incentive to obtain the permit, if the penn it is obtained, $50 will betaken off the fees and penalty. Section 29-1 O(h) - Rather than having "non response" for only seven (7) days, even though the problems with the alarm may not be fixed, this sentence is deleted. Section 29-11 - This section deals with cancellation of police response to chronic alarm abusers, Both the alarm industry and police departments feel that the most effective way to force alarm users to comply with the law is to use non-response as an option. Police have no duty to respond to alarms, particularly those alarms which have a negative impact on the health and safety of the rest of the community. Consequently, the most important aspect of non-response is that it ensures that police do not have to continually respond to the same location on nuisance alarms, thereby enabling the officers to respond to true emergency calls, Section 29-12 - "Or" is changed to "and" to ensure that alarm fees and penalties have been paid and the violations have been corrected to have one's alarm permit reinstated. Section 29-13 - In order to reactivate police response, this section sets out conditions which must be met by the alarm user. Section 29-14 - "....or police response revoked" has been included as an area in the appeals process. RECOMMENDATION: It is our recommendation that the Tiburon Town Council approve the passage of the Ordinance relating to Burglar Alarm Systems. . ORDINANCE NO. AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TmURON REPEALING CHAPTER 29 OF THE TIBURON MUNICIPAL CODE REGARDING ALARM SYSTEMS AND ENACTING A NEW CHAPTER 29 The Town Council of the Town of Tiburon does ordain as follows: SECTION 1. The existing Chapter 29 of the Tiburon Municipal Code (False Burglar Alarms) is hereby repealed in its entirety. SECTION 2. A new Chapter 29 is hereby added to the Tiburon Municipal Code to read as follows: Sections: Sec. 29-1 Sec. 29-2 Sec. 29-3. Sec. 29-4. Sec. 29-5. Sec. 29-6. Sec. 29-7. Sec. 29-8. Sec. 29-9. Sec. 29-10. Sec. 29-11. Sec. 29-12. Sec. 29-13. Sec. 29-14. Sec. 29-15. Chapter 29 BURGLAR ALARM SYSTEMS Findings and Purpose Definitions Administration Alarm business registration. Alarm business notification of installation. Alarm permits required. Alarm permit conditions. Automatic dialing and direct connection systems prohibited. False alarms prohibited. False alarm fees and penalties. Res/Jonse cancellation. Suspension of alarm permit Reactivation of response. Appeals. Enforcement. Section 29-1. Findinll^s and Purpose. There are a substantial number of burglar alarms received by the Tiburon Police Department. It is the policy and practice of the Tiburon Police Department to respond to all alarms and prepare a report for each response. Most of these alarms drafted: November 20, 1995 1 are false and are the result of improper maintenance or use of an alarm system. False alarms needlessly divert limited police resources from genuine alarms and other emergencies. Police officers responding to false alarms are not available to perform other necessary police duties. The purpose of this ordinance is to reduce the number of false alarms in order to conserve police personnel time and increase protection for all citizens of the Town. This purpose is accomplished by providing minimum standards for installation and operation of alarm systems. This ordinance also imposes the costs of responding to false alarms on the alarm user and imposes penalties for false alarms. In addition, this ordinance requires alarm users to obtain an annual alarm permit. The purpose of this permit is to increase police effectiveness and promote public safety by allowing the police department to maintain current, accurate emergency information for all alarm systems in the Town of Tiburon. Section 29-2. Definitions. For purposes of this Chapter, the following words and phrases shall have the following meaning: (a) "Alarm agent" means any person employed by an alarm business whose duties include installing, maintaining, repairing, replacing or servicing an alarm system or responding to same. (b) "Alarm business" means any person operating for any consideration who is engaged in the installation, maintenance, alteration or servicing of alarm systems or who responds to such alarm systems. (c) "Alarm system" means an assembly of equipment and devices arranged to signal the presence of any condition upon premises within the Town of Tiburon to which the police department normally responds. The term "alarm system" shall include equipment which is designed to detect an emergency, or which is designed to be activated by a person to report an emergency. Alarm systems include, but are not limited to, local alarm systems and central station alarm systems. Alarm systems shall not include audible alarms affixed to automobiles. (d) "Alarm user" means any person who owns, leases, is the agent of the owner or lessee of, or otherwise is in possession or control of a premises on which an alarm system has been installed and operates. drafted: November 20, 1995 2 (e) "Audible alarm system" means an alarm system which is capable of being heard outdoors when it is activated. (f) "Automatic telephone dialing alarm system" means an alarm system which utilizes a device which automatically transmits a pre-recorded message over telephone lines to a number in the Town's communication center. (g) "Central station alarm system" means an alarm system which transmits the alarm signal to a facility where operators monitor the system and retransmit the signal to the Town's communications center. (h) "Chief of Police" means the Chief of the Tiburon Police Department or the Chief's designee. (I) "Direct connection alarm system" means an alarm system which transmits an alarm signal directly to the Town communications center. (j) "Emergency" means the commission or attempted commission of any felony, unauthorized entry into premises or any act of violence. (k) "False alarm" means an alarm signal resulting in a response by the police department when an emergency does not exist. An alarm shall be presumed false if the responding omcer(s) does not locate any evidence of an intrusion or of the commission of an unlawful act or emergency on the premises which might have caused the alarm to sound. Alarms caused by earthquakes, hurricanes, tornadoes, or other "violent" acts of nature, shall not be deemed false alarms. (I) "Local alarm system" means an alarm system which is operated by the user who is normally responsible for its operation. The alarm signal is annunciated only on the premises. (m) "Person" means an individual, partnership, unincorporated association or corporation. (n) "Premises" means any land and building located within the Town of Tiburon except land or buildings owned or leased by the federal government, State of California or any political subdivision of the state, including public services. {Ql "Public nuisance" means an alarm svstem that is falsely activates more than eir:ht times in a "365-dav" Deriod. drafted: November 20, 1995 3 . (p) "Town communications center" means the Tiburon Police Department, the Southern Marin Communications Center or any other entity providing police dispatching services for the Tiburon Police Department. (q) "Town manager" means the Town Manager of the Town of Tiburon or the Manager's designee. Section 29-3. Administration. The provisions of this Chapter shall be administered and enforced by the Chief of Police. The Chief of Police is authorized to make inspections of alarm systems and the premises where such systems are located to determine whether an alarm permit is required. The Chief of Police shall also have the authority to make and enforce such rules and regulations as are necessary to implement the provisions of this chapter. Section 29-4. Alarm Business Registration. (a) Every alarm agent or alarm business conducting business in the Town of Tiburon shall first register with the Chief of Police by providing proof that the person or business has (1) a current, valid Alarm Operators License issued by the State of California, and (2) a current business license issued by the Town of Tiburon. (b) Upon registering with the Chief of Police, every alarm agent or alarm business shall be provided with a copy ofthis Chapter, any Town Council resolutions establishing fees or penalties authorized by this Chapter and any rules and regulations adopted by the Chief of Police for the purpose of implementing this Chapter. No alarm business shall sell, install or maintain any such system in the Town of Tiburon without providing continuous twenty-four (24) hour service for such system. Section 29-5. Alarm Business Notification of Installation. (a) Alarm businesses shall notify the Tiburon Police Department each time the business sells or installs an alarm system within the Town of Tiburon. This notification shall be in writing, and shall be made within ten (10) days of each such sale or installation or a change in any of the following required information: drafted: November 20, 1995 4 . (1) The name, address, and telephone number of the alarm business or its alarm agent. _, (2) The address where the alarm system has been installed, the name of the alarm users and their business addresses and telephone numbers, and residential address and telephone number. (3) The name of at least one other person responsible to respond to the alarm site in the event the alarm is activated and his or her business address and telephone number, and residential address and telephone number. (4) The type of alarm system installed and the emergency or unlawful act it is designed to detect. (b) Alarm businesses shall notify the Tiburon Police Department each time the business activates an alarm system during the installation, repair or testing of such system if the activation results in an audible signal that can be heard outside of the building or premises, or the alarm, whether audible or silent, could otherwise result in the Tiburon Police Department responding to a false alarm. ft1 Alarm businesses shall notify their customers of all chanffes in the Burglar Alarm S"vstem Ordinance. Section 29-6. Alarm Permits Required. (a) No alarm user shall install and/or operate an alarm system on any premises within the Town of Tiburon unless such person or business has been issued a permit pursuant to the provisions of this Chapter. Alarm UStlS ,;Uh existing lIIarm S} stems in use 6n the effccti. e date 6f this Chapter shall hal e ulltil JllftUar} 1, 1994 t6 apply f6r the pumit required Ii} this secti6ft. (b) Applications for permits and renewals of permits shall be filed in writing with the Chief of Police, on a form provided by the Chief of Police, along with a non-refundable application or renewal fee in the amount set by the Town Council by resolution. (c) The alarm permit will be issued by the Chief of Police if all of the conditions set forth in Section 29-7 are satisfied. Denial of a permit may be appealed pursuant to Section 29-13. drafted: November 20, 1995 5 (d) An alarm user pennit shall be valid to December 31 of the year following f1)1 h.6 )l:ltlS fr6m the date of issuance. During that time, the permit shall not be transferable and shall terminate when there is a change of alarm user, change of location or upon suspension. (e) Upon reinstatement of a pennit which has been suspended in accordance with this Chapter, the same fee shall be required for reinstatement as would be required for an original permit. (f) All governmental entities shall be exempt from fees for permits, but shall be subject to all other provisions of this Chapter. (g) The information contained on the application form and any subsequent inspection or investigation notes, reports, or files pertaining to the alarm user shall be confidential and not open to public inspection. It is hereby declared that this information is critical to the safety and security of the alarm user and law enforcement personnel and that the public interest served by not disclosing said information to the public clearly outweighs the public interest served by disclosing said information. (h) The permit shall list the alarm business, alarm agent or other person responsible for operation and maintenance of the alarm and at least one other person who may be contacted in an emergency or to confinn an alarm. (I) Upon issuance of an alarm permit or the renewal of a pennit, the Chief of Police shall provide the alarm user with information regarding the provisions of this Chapter and any applicable fees or penalties adopted by the Tiburon Town Council and in effect at that time. Section 29-7. Alarm Permit Conditions. Every alarm user within the Town of Tiburon shall comply with the following conditions. The breach of any of these conditions shall be sufficient cause for suspension of the permit by the Chief of Police. (a) It shall be unlawful to buy, sell, install, or operate within the Town of Tiburon an audible alarm system which upon activating emits a sound similar to sirens in use on emergency vehicles or for civil defense purposes. For purposes of this section, any electronic sounding device that produces a variable pitch-tone shall be considered similar to an emergency vehicle siren. This section shall not apply to sirens mounted inside a building which cannot be heard from outside of the building. drafted: November 20, 1995 6 (b) It shall be unlawful to install on the exterior or interior of a building an alarm system which, upon activation, emits a sound exceeding 85 decibels when measured from outside the premises. It shall also be unlawful to install on the interior of a building an alarm system which, upon activation, emits a sound exceeding 95 decibels. (c) Every owner maintaining an audible alarm shall post a notice containing the name and telephone number of the alarm business, alarm agent or other person responsible for operation or maintenance of the alarm. This notice shall be posted near the alarm so that it is legible from the ground adjacent to the building. (d) The alarm system must be equipped with an automatic shut-off device which shall silence the alarm and/or turn off all exterior pulsating lights, except alarm indicator lights, within fifteen minutes. (e) It is the responsibility of the alarm user to ensure that all emergency information on the alarm permit is current. The Chief of Police shall be notified within thirty (30) days of any changes in individuals responsible for the operation of the alarm system and/or a change in the alarm company. (t) Alarm users, alarm businesses or alarm agents, when requested by the Tiburon Police Department, shall have the alarm user, a representative of the alarm business or other responsible person respond to the scene of the alarm within one (1) hour of the request to render necessary service. This service shall include, but is not limited to, opening the premises for building searches, resetting the alarm system(s) and securing the building as necessary. (g) All components comprising an alarm system must be maintained in good repair to assure reliability of operation. (h) The sensory mechanisms used in connection with all alarm systems shall be adjusted to suppress false alarms. (I) All alarm systems shall be supplied with an uninterruptable backup power supply which will automatically assume the operation of the alarm system should normal electrical service be interrupted. The backup power supply shall be capable of at least four (4) hours of operation. The transfer of power from the primary source to the backup source must occur in a manner which does not activate the alarm. (j) Any building containing two or more separate and distinct living units or businesses which are equipped with alarms shall display in a conspicuous place, at or near the entrance to the building, a visual or audible device indicating which of the drafted: November 20, 1995 7 . alarms has been activated. (k) In the event that a group of alann users are placed on a single incoming line, the system must be so designed as to reset itself within one minute so as to afford protection to the rest of the alarm users on the single line. It must also be so designed so as to activate a visual or audible alarm at the violated premises even after the system has reset, affording protection to the other users. (I) Alarm users with existing alarm systems in use as of the effective date of this ordinance shaH have until January 1, 1996, to either bring their system into compliance with the requirements of this section, request an extension of time to comply or request an exemption from the requirements of this section. Requests for extensions of time or exemption shaH be made in writing to the Chief of Police who may grant such requests upon finding that to do so would not frustrate the purposes of this Chapter. Section 29-8. Automatic Dialin~ and Direct Connection Systems Prohibited. It shaH be unlawful to buy, seH, instaH or operate any alarm system which, when activated, causes an alarm to be sent directly to the Town Communications Center or Tiburon Police Department by an automatic dialing system, a direct connection alarm system, or any other means. Section 29-9. False Alarms Prohibited. No alarm user sbaH operate or maintain an alarm system which emits false alarms. Section 29-10. False Alarm Fees and Penalties. (a) Alarm users with a valid, current alarm permit on file with the Tiburon Police Department shaH be subject to false alarm fees and penalties beginning with the tItiftI fourth false alarm occurring in eaeh 12 m6nth a calendar vear period after issuanee 6f the permit. Alarm users shaH not be charged for more than one false alarm penalty in any single calendar day unless the false alarms are directly caused by the user. The amount of the fees and penalties shaH be established by the Town Council through adoption of a resolution. (b) Alarm users without a valid, current alarm permit (including those with suspended permits) shaH be subject to false alarm fees and penalties for each and every false alarm. Alarm users shaH not be charged for more than one false alarm penalty in any twenty-four hour period single ealendar da, unless the false alarms are directly caused by the user. The amount of the fees and penalties shaH be established drafted: November 20, 1995 8 . by the Town Council through adoption of a resolution. {d Alarm users without a valid oermit shall have thirty (301 davs to obtain a permit {flter receivinr: notice ill the false alarm oenalty. if a oermit is obtained within that time. $50 shall be taken off the alarm fees and penalties. (d) Failure to pay false alarm fees and penalties may be cause for suspension of the alarm permit. (e) The Chief of Police may waive false alarm fees and penalties if an examination of the facts indicates the alarm system was activated under unusual or extraordinary circumstances. In addition, fees may be waived for up to 30 days to allow for adjustments to correct mechanical and/or operational problems for any new, improved or replaced alarm system. Requests for waiver shall be made in writing and shall be processed under the provisions of Section 29-14. (f) The amount of any false alarm fees and penalties imposed pursuant to the authority of this Chapter shall be deemed a debt to the Town of Tiburon. An action may be commenced in the name of the Town in a court of competent jurisdiction for the amount of any unpaid fees and penalties as well as any fees or charges required to file and pursue such civil action. (g) The Chief of Police may, in the exercise of his discretion, direct that the police department shall not respond to a premises under the following circumstances: there have been repeated false alarms in one calendar day and the alarm user, business or other responsible person cannot come to the premises, correct the problem or turn off the alarm system. TIll: deeision not to respond shall not be effeeth e fill longe. than selen (7) da,"s. The alarm user shall be responsible for any fees or penalties incurred prior to the decision not to respond. Section 29-11. Response Cancellation {gl The police deoartment shall have no obli~ation to remond to an alarm svstem which has been deemed a public nuisance. as difined in Section 29-2. Upon reachin~ completion of the above difinition. uoon meetinr: anv or all ill the below listed criteria. and upon notice as described below. the police department shall no lonr:er resoond to the alarm sir:nal. ill The violation of anv of the provisions ill the oermit a~reement: ill When an alarm svstem actuates excessive false alarms and. therebv. constitutes a nuisance as defined herein: drafted: November 20, 1995 9 ill When the UlJDlicant or Dermittee. or his emDloyee or af{ent. has knowin~ly made any false. misleadinf{ or fraudulent statement of a material fact in the apDlication for a permit or in any report or record required to be filed with any Town arency. 00 When the alarm user fails to pay fees or penalties within 60-daYs. m When police resDond to a false alarm within 30-days (ffter a revocation Q.f reSDonse has been reinstated. {bl ResDonse to a location shall not be revoked due to non-acquisition Q.f an Alarm Permit. {d (f an alarm location's status is on a "ResDonse Cancellation" status at the end of a calendar vear. for pUrDoses Q.f calculatinr total reSDonses for relatinr to cancellation. the total number Q.f reSDonses shall not revert to zero and will be cumulative. W The owner andlor licensee Qj an alarm system which constitutes a public nuisance as d(fined in this chapter shall be noti,fied by the chi(f of Dolice. or his desirnee. that the Dolice deDartment is under no obligation to respond to the premises Q.f an alarm which constitutes a public nuisance. The chi(f Qj Dolice. in the case Q.f such revocation. shall serve the permittee with a written order of revocation which shall state the reasons for such revocation. The order shall be deposited in the United States mail as soon as Dossible ({fter such alarm has been constituted as a Dublic nuisance or personally served. Said order shall be effective immediatelv. if Dersonally served. or forty-ei~ht hours ({fter the same has been deDosited in the course Q.f transmission in the United States Postal Service. ill Nothwithstandinr: the ((fectiveness of an order of revocation. the Dermittee mav continue the use Qf any alarm system requirinr a permit until the apDeal Drocess has been exhausted. unless the chief Qf Dolice. or his desirnee. determines that the continued operation of such alarm system interferes with the s({fe and efficient oDeration Q.f the public safetv department involved. The owner oj an audible alarm system shall be required to immediately deactivate the audible portion Ql the system. upon notification that the system is a Dublic nuisance. Section 29-12. Suspension of Alarm Permit. (a) Upon evidence that any of the permit conditions set forth in Section 29-7 has been violated or that false alarm fees and penalties have not been paid, the Chief of Police may suspend an alarm permit. The suspension shall become effective fifteen (15) days after written notice of the suspension is mailed by the Chief of Police to the alarm user and alarm business listed on the permit unless an appeal is filed pursuant to Section 29-14. drafted: November 20, 1995 10 (b) The suspension shall be lifted once evidence is presented to the Chief of Police establishing that the violations have been corrected 6l" al1f1 the alarm fees and penalties have been paid. Section 29-13. Reactivation Q.f ReslJonse. Response to an alann location shall be reactivated under the followinr: conditions: (gl Acceptance Q/ nroof bv the alann user or alann cornpanv of correction Q.f the lJroblern which activated the alann: and. illl AccelJtance of [JroQ.f bv the Chiftf Q,[ Police: and. W Pavrnent Q/ nast due nenalties. Section 29-14. Appeals. An alarm user whose application for a permit has been denied, has had their permit suspended or nolice response revoked or has been denied a waiver of fees or penalties by the Chief of Police may appeal that decision. (a) The initial appeal shall be to the Chief of Police. A letter of appeal must be filed with the Chief of Police within fifteen (15) days of the mailing of the letter of notification of the proposed action. While the appeal is pending, the action proposed by the Chief of Police shall not be implemented. This initial appeal shall be informal and no written decision need be prepared. Failure to file a timely appeal shall constitute a waiver of the alarm user's right to appeal provided however, that the Chief of Police may in his discretion waive the fifteen (15) day limit if good cause is shown or there is cause to believe that it might encourage substantial cooperation from the alarm user. (b) If the alarm user is dissatisfied with the decision of the Chief of Police, they may file a letter of appeal to the Town Manager. The Town Manager shall set a time and place for a hearing which shall be no more than fifteen (15) days after the Manager's receipt of the letter of appeal. Failure to file a timely letter of appeal to the Manager shall be a waiver of the alarm user's right to a hearing. (c) At the time and place set for the hearing upon the appeal, the Town Manager shall hear evidence from the appellant and/or any other interested party. The burden of proof shall be upon the appellant to show that there was no substantial evidence to support the Chief of Police's action. drafted: November 20, 1995 11 . (d) Within five (5) days after the conclusion of the hearing, the Town Manager shall render a decision on the appeal. The decision shall be final. Notice of the decision shall be mailed to the appellant within three (3) days of the decision. If the appeal is denied and involves a suspension of a permit, the notice shall inform the alarm user of the exact date that the suspension shall commence, which shall in no event be sooner than five (5) days after notice of the decision has been mailed. Section 29-15. Enforcement. Any person or business violating any provision of this Chapter shall be guilty of an infraction. Upon conviction on an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in Government Code Section 36900. After the third conviction for a violation of this Chapter within any twelve (12) month period any subsequent violation within a twelve (12) month period may be punished as a misdemeanor. SECTION 3. SEVERABILITY. If any section, subsection, clause, sentence, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared invalid or unconstitutional. SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect and be in force thirty (30) days after the date of passage. Pursuant to the provisions of Government Code Section 36933, a summary ofthis ordinance shall be prepared by the Town Attorney. At least five (5) days prior to the Council meeting at which adoption of the ordinance is scheduled, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of this ordinance. Within fifteen (15) days after adoption of this ordinance, the Town Clerk shall (1) publish the summary, and (2) post in the office of the Town Clerk a certified copy of the full text of the ordinance along with the names of those Council members voting for and against the ordinance. drafted: November 20, 1995 12 . This ordinance was introduced at a regular meeting of the Town Council of the Town of Tiburon on , and was adopted at a regular meeting of the Town Council of the Town of Tiburon on by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ANDREW THOMPSON, MAYOR Town of Tiburon DIANE CRANE, TOWN CLERK drafted: November 20, 1995 13 . EXHIBIT 1 FEES AND PENALTY SCHEDULE FOR ALARM PERMITS AND FALSE ALARMS 1. Alarm User Permit Initial Permit (valid 2 years) Renewal (valid 2 years) 2. False Alarm Fee and Penalty based on Calendar Year Period (No user shall be charged more than $200 in fees and penalties in any calendar day). A. ALARM USER WITH VALID PERMIT First - Third False Alarm(s) Fourth and Subsequent False Alarms B. ALARM USER WITHOUT VALID PERMIT (No permit or suspended permit) First and Subsequent False Alarms (Note: If alarm user obtains a permit within 30-days of notice of the alarm penalty, $50 shall be taken off the alarm penalty). . $25.00 $15.00 No Charge $100 (Fee - $50) (Penalty - $50) $100 (Fee - $50) (Penalty - $50)