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HomeMy WebLinkAboutTC Agd Pkt 2008-01-16 TOWN OF TIBURON Tiburon Town Hall 1505 Tiburon Boulevard . Tiburon, CA 94920 Regular Meeting Tiburon Town Council January 16,2008 7:30 p.m. 6:15 p.m. ,. Closed Session AGENDA TIBURON TOWN COUNCIL CLOSED SESSION - (6:15 p.m.) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town of Tiburon v. Sylvia; Sylvia v. Town ofTiburon County of Marin v. Martha Company Garay v. Town ofTiburon In re Del Mar Valley Under grounding CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (Section 54956.9(b)) Significant exposure to litigation ( One Case) CALL TO ORDER AND ROLL CALL Councilmember Berger, Councilmember Collins, Councilmember Gram, Vice Mayor Fredericks, Mayor Slavitz CLOSED SESSION ANNOUNCEMENT ORAL COMMUNICATIONS Persons wishing to address the Town Council on subjects not on the agenda may do so at this time. Please note however, that the Town Council is not able to undertake extended discussion or action on items not on the agenda. Matters requiring action will be referred to the appropriate Commission, Board, Committee or staff for consideration or placed on a future Town Council meeting agenda. Please limit your comments to three (3) minutes. CONSENT CALENDAR All items on the Consent Calendar may be approved by one motion of the Town Council unless a request is made by a member of the Town Council, public or staff to remove an item for separate discussion and consideration. If you wish to speak on a Consent Calendar item, please seek recognition by the Mayor and do so at this time. 1. Town Council Minutes - December 5,2007 (Town Clerk Crane Iacopi) 2. T own Monthly Investment Summary - November 2007 (Director of Administrative Services Bigall) 3. Town Signature Authority - Adopt amended resolution to include Councilmember Richard Collins (Director of Administrative Services Bigall) 4. Mid,. Year Financial Update - Adopt report for period ending December 31, 2007 (Director of Administrative Services Bigall) 5. Zoning Ordinance Update - Approve contract for consultant Lisa Wise to assist in preparation of Zoning Ordinance Update (Director of Community Development Anderson) 6. T own Attorney Contract Amendment - Adopt Amendment No.3 to Town Attorney's Employment Agreement (Town Manager Curran) 7. Notice of Completion - Adopt resolution accepting completion of Failed Streets Project (Director of Public Works/Town Engineer Nguyen) 8. Vacancies on Town Boards and Commissions - Announce pending vacancies on Town Boards and Commissions (Town Clerk Crane Iacopi) 9. Sustainability Resolution - Adopt Resolution and Approve Town membership in ICLEI: Local Governments for Sustainability (Town Manager Curran) ACTION ITEMS 1. Town Council Committee Appointments - Update Appointments list to reflect new Council committee appointments (Town Clerk Crane Iacopi) PUBLIC HEARINGS 1. Annual Development Fee Report - Receive annual report on the status of the Town's Development Impact Fees (Director of Community Development Anderson) 2. Hourly Rate Schedule Amendment - Consider adoption of resolutions amending the hourly rate schedules for town personnel and development application fee schedules (Director of Community Development Anderson) 3. Precise Plan Amendment - Consider approval of application to amend approved building envelope (Director of Community Development Anderson) Applicants: Property Address: Assessor Parcel No: Robert and Amanda Anderson 10 Via Paraiso East 039/290/56 4. Building Code Amendments - Consideration of amendments to Chapter 13 of Town Code - Introduction and First Reading of Ordinance (Director of Community Development Anderson) 5. Green Building Standards - Consideration of amendments to Chapter 13 of Town Code to incorporate "green building" standards - Introduction and First Reading of Ordinance (Director of Community Development Anderson) - continued without hearing until March 5, 2008 6. Appeal of Design Review Board Decision - Consideration of appeal of Design Review Board approval to construct exterior alterations to an existing single/family dwelling, with variances for reduced side yard setbacks (Assistant Planner Phillips) Appellants: Applicant: Property Address: Assessor Parcel No: David ~ Beverly Kell Joseph Lanyadoo 78 Red Hill Circle 058/212/21 TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT WEEKLY DIGESTS . Town Council Weekly Digest - December 7,2007 . Town Council Weekly Digest - December 14,2007 . Town Council Weekly Digest - December 21, 2007 . Town Council Weekly Digest - January 4,2008 ADJOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Town Clerk at (415) 435- 7377. Notification 48 hours prior to the meeting will enable the Town to make reasonable arrangements to ensure accessibility to this meeting. AVAILABILITY OF INFORMATION Copies of all agenda reports and supporting data are available for viewing and inspection at Town Hall and at the Belvedere- Tiburon Library located adjacent to Town Hall. Agendas and minutes are posted on the Town's website, www.ci.tiburon.ca.us. Upon request, the Town will provide written agenda materials in appropriate alternative formats, or disability/related modification or accommodation, including auxiliary aids or services, to enable individuals with disabilities to participate in public meetings. Please send a written request, including your name, mailing address, phone number and brief description of the requested materials and preferred alternative format or auxiliary aid or service at least 5 days before the meeting. Requests should be sent to the Office of the Town Clerk at the above address. PUBLIC HEARINGS Public Hearings provide the general public and interested parties an opportunity to provide testimony on these items. If you challenge any proposed action( s) in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing ( s) described later in this agenda, or in written correspondence delivered to the Town Council at, or prior to, the Public Hearing(s). TIMING OF ITEMS ON AGENDA While the Town Council attempts to hear all items in order as stated on the agenda, it reserves the right to take items out of order. No set times are assigned to items appearing on the Town Council agenda. C'C --I TOWN COUNCIL MINUTES CALL TO ORDER Mayor Gram c .ofthe Tiburon Town Council to order at 7:30 p.m. on Wednes . ay, December 5, 2007, in T~rn Council Chambers, 1505 Tiburon Boulevard, Tiburon, Ca~a. / ------...,----.- ROLLCALL PRESENT: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith PRESENT: EX OFFICIO: Town Manager Curran, Town Attorney Danforth, Director of Administrative Services Bigall, Director of Community Development Anderson, Director of Public Works/Town Engineer Nguyen, Chief of Police Cronin, Town Clerk Crane Iacopi Prior to meeting in regular session, the council met in closed session at 6:00 p.m. to discuss the following: CLOSED SESSION PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS (Section 54957) Title: Town Manager Title: Town Attorney CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Section 54956.9(a)) Town of Tiburon v. Sylvia; Sylvia v. Town of Tiburon County of Marin v. Martha Company CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Section 54956.8) Agency Negotiator: Town Manager Property Address; 275 Diviso Street; portion of APN 059-071-51 Negotiating Parties: Town of Tiburon and Avi Ron Under negotiation: Price and terms of payment Town Council Minutes # 23 -2007 December 5,2007 Page 1 CLOSED SESSION ANNOUNCEMENT Mayor Gram said that there were two employee evaluations and that the revised Town Manager employment agreement was on the agenda for approval; he also said that no action was taken on the litigation matters discussed in closed session. ORAL COMMUNICATIONS None. CONSENT CALENDAR 1. Town Council Minutes - Adopt November 7, 2007 Minutes (Town Clerk Crane Iacopi) 2. Annual Appointments List - Adopt Annual List of Town Appointments pursuant to State Law (Town Clerk Crane Iacopi) 3. Town Investment Summary - Accept October 2007 Report (Director of Administrative Services Bigall) 4. Town Manager's Employment Agreement - Adopt 1 st Amendment to Town Manager's Employment Agreement 5. Light Standards on Tiburon Boulevard - Award of Contract to replace light standards on Tiburon Boulevard (Director of Public Works/Town Engineer Nguyen) Councilmember Smith made a correction to page 8 of the minutes (Item No.1). MOTION: Moved: Vote: To approve Consent Calendar Item Nos. 1 through 5, as amended. Berger, seconded by Slavitz AYES: Unanimous ACTION ITEMS - REORGANIZATION OF TOWN COUNCIL 1. Oath of Office - The Town Clerk will administer the oath of office to appointed Councilmembers Jeff Slavitz and Richard Collins. Town Clerk Crane Iacopi administered the oath of office to Councilmembers Collins and Slavitz. 2. Recognition of Outgoing Councilmember Paul Smith - Mayor Gram and the Council will bid farewell to Councilmember Smith. Town Council Minutes # 23 -2007 December 5,2007 Page 2 Mayor Gram presented a plaque to Councilmember Smith. He said that he wished that the presentation could be made four years from now. Councilmember Smith said that it had been and honor and a privilege to serve with the Council and that he would miss working with his colleagues, as well as Town staff. Councilmember Fredericks thanked Paul for his commitment to the Council and for his service on other agencies and committees, such as ABAG, CCA, RBRA and the Lands and Development committee. Councilmember Berger said that he and Councilmember Smith had served on the Design Review Board and Planning Commission together, as well as the Skatepark Task Force. He said that he had learned so much form Paul and especially appreciated his attention to detail, his good sense and his "wicked" smarts. He said that Smith had given quality advice to the Council which would continue to benefit it in the future. Vice Mayor Slavitz said that Paul was genuinely a "nice guy," a great speaker, and had a depth of knowledge of so many things. He said that he especially appreciated Paul's expertise in land use matters while he was on the Council. Councilmember-elect Richard Collins said that he, too, had served with Paul for a brief time on the Planning Commission. He said that he had decided to seek his seat on the Council with Paul's support. 3. Election of Mayor - Outgoing Mayor Gram will receive nominations for the Office of Mayor and conduct the election. Councilmember Fredericks complimented Vice Mayor Slavitz on his "basic wisdom, temperament, and even keel." MOTION: Moved: Vote: To nominate Jeff Slavitz as Mayor Fredericks, seconded by Berger AYES: Unanimous Council then directed their comments to outgoing Mayor Tom Gram. Councilmember Berger spoke of his "tremendous talent," and that the Town had "no idea" what great leadership they had in Tom. He said that he was fair but tough-minded and he thanked him for a great job. Councilmember Fredericks said that she had come to appreciate Tom's brevity in addressing Issues. Town Council Minutes # 23 -2007 December 5,2007 Page 3 Mayor-elect Slavitz said that it had been his pleasure to serve with Tom and that he had learned a lot from Tom about what it meant to serve on the Town Council over the last six years. He said that Tom's experience in real estate and land use had been very valuable to the Council. 4. Election of Vice Mayor - The Mayor-elect will take the Chair and conduct the election of Vice Mayor. Councilmember Berger said that Councilmember Fredericks brought the town's view out into the wider community and all of Marin and that she would do a spectacular job as Vice Mayor. MOTION: Moved: Vote: To nominate Alice Fredericks as Vice Mayor Berger, seconded by Gram AYES: Unanimous 5. Town Council Comments - The Council may share any additional comments at this time. Mayor-elect Slavitz thanked the Town staff for their contributions and said that he couldn't ask for a better group of people to serve the town. TOWN COUNCIL REPORTS TOWN MANAGER'S REPORT Town Manager Curran thanked Councilmember Smith for his leadership and on behalf of the Town staff and said that he would be missed. She said that he deserved a standing ovation. WEEKLY DIGESTS . Town Council Weekly Digest - November 9,2007 . Town Council Weekly Digest - November 16,2007 . Town Council Weekly Digest - November 23,2007 . Town Council Weekly Digest - November 30, 2007 ADJOURNMENT - in honor and memory of Romney Fennell and Peter Berg Mayor-elect Slavitz shared his remembrances of two members of the Tiburon community who had recently passed away-Romney Fennell and Peter Berg. Town Council Minutes # 23 -2007 December 5,2007 Page 4 Slavitz said that town staffer (Permits Clerk) Romney Fennell had met just about everyone in town through her work at the Building Department counter. He said that she was a great mother and that her daughter had babysat his two children when they were young. He said that she had served as a union leader (shop steward) and, as the Town's Recycling Coordinator, had advised residents and businesses on what and how to recycle. Slavitz said that long-time resident Peter Berg had served on the original Parks and Recreation committee (now POSC) as well as the Jt. Recreation Committee, and was a famous architect and home vintner. He gave a brief overview of his other accomplishments. There being no further business before the Town Council of the Town of Tiburon, Mayor Slavitz adjourned the meeting at 7:55 p.m., to the next regular meeting scheduled for January 16, 2008. JEFF SLA VITZ, MAYOR ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Minutes # 23 -2007 December 5, 2007 Page 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 16, 2008 Agenda I tern: C('..)" STAFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: (~. ~eDt Summary - November 2007 Reviewed By: ~ BACKGROUND Pursuant to Government Code Section53601, staff is required to provide the Town Council with a report regarding the Town's investment activities. ANAL YSIS The Town of Tiburon currently invests all idle funds for the Town and the Redevelopment Agency in the California Local Agency Investment Fund (LAIF). Below illustrates the funds on deposit with LAIF at month end, November 30,2007: Agency Investment Amount Interest Rate Maturity Town of Tiburon Local Agency $16,054,554.70 4.9620/0 Liquid Investment Fund (LAIF) Redevelopment Agency Local Agency $1,017,865.48 4.9620/0 Liquid Investment Fund (LAIF) FINANCIAL IMPACT No financial impact occurs by adopting the report. The Town continues to meet the priority principles of investing - safety, liquidity and yield in this respective order. RECOMMENDATION Staff recommends that the Town Council: Move to accept the November 2007 investment summary Exhibits: Prepared By: None Heidi Bigall, Director of Administrative Services TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting January 16, 2008 Agenda Item: CC' --,3 ST AFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Authorize Persons With Check Signature Authority Reviewed By: @-. BACKGROUND The Town Council adopts by resolution those officials and employees who shall have authority to sign and endorse Town checks. Now that Councilmember Richard Collins has been sworn in, it is appropriate to officially authorize him to sign and endorse Town checks. FINANCIAL IMPACT There is no financial impact from this action. RECOMMENDATION Staff recommends that the Town Council: Move to adopt the exhibit Resolution authorizing the signing and endorsing of checks and other instruments of payment and access to documents retained in safekeeping Exhibits: Draft Resolution Prepared By: Heidi Bigall, Director of Administrative Services RESOLUTION NO. xx-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON AUTHORIZING THE SIGNING AND ENDORSING OF CHECKS AND OTHER INSTRUMENTS OF PAYMENT & ACCESS TO DOCUMENTS RETAINED IN SAFEKEEPING WHEREAS, the Town of Tiburon has, by resolution, adopted a policy which identifies the employees and officials who may sign and endorse checks and other instruments of payment on behalf of the Town, and which employees may have authorization for access to Town documents held in safekeeping: and WHEREAS, from time to time as employees or Councilmembers authorized to sign and endorse checks and other instruments of payment on behalf of the Town leave the Town's service it becomes necessary to add an authorized signer, and NOW THEREFORE, BE IT RESOLVED THAT: 1. The Bank of America, Tiburon Branch, shall be the depository for all funds of the Town of Tiburon. Commercial accounts shall be established and maintained by and in the name of the Town of Tiburon and its Redevelopment Agency at the designated bank upon and subject to such terms as may be agreed to from time to time. 2. All checks, drafts and other instruments for payment from the Town's commercial General and Redevelopment Agency accounts in the amount of $2,500.00 or less, or relating to the Town's state and federal payroll tax obligations or PERS retirement or health insurance benefit obligations in any amount shall be signed on behalf of the Town by any two (2) of the following people: Town Manager (Margaret A. Curran), Director of Administrative Services (Heidi Bigall), Town Attorney (Ann Danforth), or any member of the current Town Council (Miles Berger, Alice Fredericks, Tom Gram, JeffSlavitz, and Richard Collins). All checks, drafts and other instruments for payment from the Town's commercial General and Redevelopment accounts which exceed $2,500 shall be signed on behalf of the Town by (1) the Town Manager and in his/her absence the Director of Administrative Services or Town Attorney plus (2) one member of the Town Council. 3. All checks, drafts or other instruments for payment made payable to the Town of Tiburon may be endorsed for deposit by written or stamped endorsement in the name of the Town of Tiburon (Tiburon Redevelopment Agency) without individual signatures. 4. Staff is directed to provide a certified copy of this resolution to the Bank of America along with signature authorization forms which include signatures of the individuals currently holding the following positions: Town Manager, Director of Administrative Services, Town Attorney, and Town Council members. The Town Clerk shall inform the Bank of America of any changes in these positions and provide new signature cards when necessary. -1- 5. The Bank of America is requested and authorized to honor, receive, certify or pay any instrument signed or endorsed in accordance with this Resolution. This Resolution and signature authorization forms submitted by the Town Clerk shall remain in full force and effect, and the Bank is authorized and requested to rely and act thereon, until such time as the Bank receives written notice of any changes from the Town Clerk. 6. The Bank of America, Tiburon Branch is the location of four Safe Deposit Boxes that the Town rents from the Bank. The following employees of the Town are authorized by signature to place, extract, or review items held in safekeeping: Town Manager (Margaret A. Curran), Town Attorney (Ann Danforth), Town Clerk, (Diane Crane Iacopi), and Director of Administrative Services (Heidi Bigall). PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Tiburon on ,2008, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: BY: JEFF SLA VITZ, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK -2- TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 16, 2008 Agenda Item: CC-1 STAFF REPORT To: Mayor and Members of the Town Council From: Administrative Services Department Subject: Accept Mid-Year Financial Report Period Ended December 31,2007 ~J)'~ ~,/ Reviewed By: The accompanying financial statements provide summary information covering the Operating Budget, Capital Improvement Program, Fund Transfers and Fund Resources of the Town for the second quarter of FY 2007-08, which ended December 31, 2007. These statements reflect the Town's overall financial position for operations through December 31 st and provide projections to year-end closing on June 30, 2008. ANALYSIS Operatinl! Budl!et Schedule 1 provides a summary of the operating budget for the Town at December 31, 2007. Operating revenues were at 44.4% of budget and operating expenditures at 46.9% of budget. This provided for a net operating loss of $161 ,052. Historically the Town operates in a deficit position through mid-year due to some major revenue sources being received after this reporting period and certain significant, one-time expenditures being paid early in the fiscal year, i.e. Joint Power Agreements and liability and worker's compensation insurance premiums. However, staff' projects the Town will complete the fiscal year with an operating surplus of $522,906. This represents an increase of $390,415 over the adopted budget operating surplus of $132,491. Schedule 2 provides a detailed overview of the Town's operating position. By mid-year staff is able to project significant changes that may affect the estimated year end operating revenues and expenditures. Below is an explanation of projected changes: Operatinl! Budl!et Revenues Property Taxes: In November the Town received $249,000 in ERAF property tax receipts from the County that were not budgeted. This represents a one-time allocation of SB 418 ERAF funds. Additionally, based on the December 2007 secured property tax remittance by the County, Staff can now determine that Secured Property Tax receipts will be 2.2%, or $45,000, greater than budgeted. All other property tax revenues are anticipated to meet budget projections. '[o\vn C':ouncil iYJccting January 16, 2008 Other Taxes: Based on TOT receipts for the first four months of the fiscal year, Staff anticipates that Transient Occupancy Tax (TOT) receipts will exceed budget by $75,000. This increase is based solely upon The Lodge at Tiburon performing better than anticipated during this reporting period. Investment Earnings: The Town invests its idle funds in the Local Agency Investment Fund (LAIF). Based on a slightly better than anticipated investment returns, Staff projects by fiscal year end the Town's investment earnings will exceed budget by $25,000. All other revenue categories are anticipated to finish year-end at budget. Intergovemental and Agency revenues are only at 5.9% of budget because Motor Vehicle License Fees ($615,025) are remitted to the Town by the County after December 31 st. Operatine Budeet Expenditures Staff projects that operating expenditures will be at budget. As Schedule 2 indicates operating expenditures are at 47% of budget for the reporting period. Transfers and Reallocation of Funds For this reporting period there have been no approved transfers or reallocation of funds. Staff will be presenting to Council in the near future its recommended General Fund allocations to reserves based upon audited figures of the General Fund surplus at June 30, 2007. Capital Improvement Proeram Street Improvement Proiects: Schedule 4-A illustrates the approved capital improvement streets program for fiscal year 2007-08. Staffprojects all street projects will be completed and within budget, with the exception of the Reed School pedestrian bridge which is subject to the commencement of the Del Mar Valley Underground construction project. Drainage Improvement Proiects: Schedule 4-B shows the approved drainage improvement projects for the year. Staff anticipates that all drainage projects will be completed and within budget. Historically, drainage projects are bid and constructed during the spring and summer months. Community Development Proiects: Schedule 4-C illustrates the approved community development projects for the fiscal year. Staff anticipates all projects will be completed during the year, with the exception of the Del Mar Undergrounding Assessment District, which is on hold pending the outcome of current litigation. Additionally, Staff does not anticipate proceeding with the paths and lane improvements project because grant funding has not been approved at this time. RO:\ "f'o\vn C"ouncil .\'lceting January 16, )008 Statement of Fund Resources Given staffs projected changes to the Operating and Capital Improvement budgets, Schedule 5 provides the beginning balance for each Town fund; the revised change to each fund, and the projected fund balance at year end. This schedule projects the General Fund to be in a surplus position of $509,906 at fiscal year end. Summary Based on mid-year interim results, the Town's financial condition continues to be excellent. Key revenues are performing as budgeted or slightly better and Staff continues to control operating expenses and staYing within budget. Tiburon is in the enviable position of continuing to provide excellent services while enjoYing operating surpluses. This in-turn allows the Town to fund an aggressive maintenance/improvement program of the Town's infrastructure. It appears the economy will continue its slowing trend well into 2008. The real estate market is also expected to remain soft. Though Tiburon tends to be somewhat insulated from the effects of the economy, the recent news of the State's projected $14 billion deficit will likely have some effect on Town revenues from the State during FY 2008-09. Though local governments have protection over the amount of revenue the State may take, Staff will continue to closely monitor the news from the Governor's Office as to how the State's budget problems will impact the Town. FINANCIAL IMPACT This item does not have any financial impacts upon the Town. RECOMMENDATION Staff recommends that the Town Council: Move to accept the mid-year financial report as submitted. Exhibits: Financial Statements for the period ended December 31,2007 Prepared By: Heiqi Bigall, Director of Administrative Services T()\\'\ or,'fIBl 'Rt):'J -; of .3 SCHEDULE 1. OPERATING BUDGET SUMMARY Period: July 1, 2007 to December 31, 2007 Budget Year-lo-Date Estimated to Variance Percent of Adopted Budget Revised Dec-30-2007 June-30-2008 (unfavorable) Budget YTD SCHEDULE 2. OVERVIEW OF OPERATING REVENUES & EXPENDITURES Period: July 1,2007 to December 31,2007 Budget Year-to.Date Estimated to Variance Percent of Adopted Budget Revised Dec-31.2007 June-30.2008 (unfavorable) Budget YTD REVENUES & SOURCES OF FUNDS General Fund Revenues Property Taxes 3,065,085 3,065,085 1,649,444 3,355,500 290,415 53.8% Other Taxes 1,233,250 1,233,250 528,330 1,308,250 75,000 42.8% Franchises 441,550 441,550 79,884 441,550 18.1% Fines & Forfeitures 169,400 169,400 112,972 169,400 66.7% Investment Earnings 375,000 375,000 125,510 400,000 25,000 33.5% Intergovernmental & Agency 708,525 708,525 42,021 708,525 5.9% Licenses & Permits 989,700 989,700 438,250 989,700 44.3% Charges for Services 356,600 356,600 169,879 356,600 47.6% Other Revenues 92,997 92,997 57,449 92,997 61.8% Subtotal General 7,432,107 7,432,107 3,203,739 7,822,522 390,415 43.1% Use of Other Fund Sources Employee Comp Leave Reserve 20,000 20,000 20,000 0.0% Police SLESF/COPS Fund 100,000 100,000 56,090 100,000 56.1% Low/Moderate Housing Fund 4,375 18,731 15,514 18,731 82.8% Long Range Planning Fund 15,000 15,000 15,000 Town Owned Housing Fund 49,400 49,400 14,678 49,400 29.7% Peninsula Library JP A Fund 1,265,680 1,265,680 665,277 1,265,680 52.6% Cypress Hollow LLD 15,500 15,500 3,100 15,500 20.0% Subtotal Other Fund Sources 1,469,955 1,484,311 754,659 1,484,311 50.8% Total Revenues & Funds 8,902,062 8,916,418 3,958,398 9,306,833 $ 390,415 44.4 %1 EXPENDITURES Town Administrative Services Administration 1,135,861 1,135,861 563,861 1,135,861 49.6% Legal Services 412,049 412,049 155,676 412,049 37.8% Town Hall Facility 73,100 73,100 13,535 73,100 18.5% Non-Departmental 1,319,455 1,333,811 695,469 1,333,811 52.1% Community Develooment Planning & Design Review 576,726 576,726 276,472 576,726 47.9% Building Inspection 626,319 626,319 269,561 626,319 43.0% Advanced Planning 15,000 15,000 15,000 0.0% Police Department Police Services 2,906,409 2,906,409 1,377,915 2,906,409 47.4% Police EOC/Facility 60,800 60,800 30,994 60,800 51.0% Public Works Administration 535,651 535,651 278,772 535,651 52.0% Streets Maintenance 491,432 491,432 236,486 491,432 48.1% Parks Maintenance 418,169 418,169 153,612 418,169 36.7% Street & Signal Light System 48,000 48,000 16,479 48,000 34.3% Corporation Yard 103,600 103,600 35,424 103,600 34.2% Lel?islative Council, Boards/Commissions 47,000 47,000 15,194 47,000 32.3% Total Expenditures 8,769,571 8,783,927 4,119,450 8,783,927 46.9%1 OPERATING NET: 132,491 132,491 (161,052) 522,906 390,415 I SCHEDULE 3. TRANSFERS & REALLOCATIONS OF FUNDS Period: July 1, 2007 to December 31, 2007 Revised Fund Balance on Beginning Note July 1, 2007 Transfer in Transfer (out) Balance GENERAL FUND RESERVES Unallocated Reserve 3,058,415 3,058,415 Designated Reserves Capital Equipment Replacement 147,377 147,377 Technology Fund 263,516 263,516 Infrastructure & Facility 918,947 918,947 Employee Compensated Leave 230,511 230,511 Employee Housing Asistance 800,000 800,000 Park Improvement 684,493 684,493 PW Corp Yard Replacement 931,367 931,367 Self Insurance 54,805 54,805 Drainge & Streets 1,493,310 1,493,310 Disaster Response 100,000 100,000 Traffic System 450,000 450,000 Open Space Maintenance 50,000 50,000 Subtotal General Funds $ 9,182,741 9,182,741 I SCHEDULE 4-A. CAPITAL IMPROVEMENT PROGRAM STREET IMPROVEMENT PROJECTS Period: July 1,2007 to December 31,2007 Actual YTO Estimated to Project Funding Source Budget Oec-30-2007 June-3O-200B 1 PMS List - Phase 1 Various Locations Gas Tax 280,000 122,053 280,000 Street Impact Fund 468,000 468,000 468,000 STP Grant 112,000 99,881 112,000 Measure A Funds 75,000 75,000 75,000 Engineering! 2 Construction Mgmt. Plans/Specs Phase Street Impact Fund 60,000 2,720 60,000 3 Failed Streets Phasel Engineering/Construction Street Impact Fund 680,000 336,667 477,000 Foundation & 4 Geotechnical Review GeldertlParadise Drive GF Streets & Drainage 30,000 30,000 5 Lyford Drive Bridge Reed School Bridge GF Streets & Drainage 75,000 - Tiburon Blvd. @ Reed 6 Ranch Rd. Intersection Improvements Circulation System 147,000 7,027 147,000 Tiburon Blvd. @ Contribution to Cal/Trans 7 Stewart Drive Proj ect Circulation System 15,000 15,000 Traffic Calming 8 Various Locations Improvements GF Streets & Drainage 15,000 15,000 TOT AL STREET PROJECTS $ 1,957,000 $ 1,111,348 $ 1,679,000 SCHEDULE 4-B. CAPITAL IMPROVEMENT PROGRAM DRAINAGE IMPROVEMENT PROJECTS Period: July 1, 2007 to December 31, 2007 Actual YTO Estimated to Project Funding Source Budget Oec-31-2007 June-30-2008 1 Culvert Restoration Drainage Drainage Impact Fund 100,000 100,000 Streets & Drainge 60,000 17,566 60,000 Drainage 2 Improvements Based on Master Plan Streets & Drainge 200,000 200,000 3 Storm Drains Master Plan Streets & Drainage 65,000 54,528 65,000 4 Admin & Engineering Various Locations Street & Drainage 65,000 - 65,000 5 Catch Basin/Inlet Various Repairs Streets & Drainage 20,000 20,000 TOTAL DRAINAGE PROJECTS $ 510,000 $ 72,094 $ 510,000 SCHEDULE 4-C. CAPITAL IMPROVEMENT PROGRAM COMMUNITY DEVELOPMENT PROJECTS Period: July 1, 2007 to December 31, 2007 Actual YTO Estimated to Project Funding Source Budget Oec..31-2007 June-30-2008 1 Del Mar UAD Construction District Funds 6,761,099 - - Pine Terrace ADA TEA Grant - $ 87,000 2 Multi-Use Path Path/Ramp to A venida GF Park Dev. $15,000 237,000 15,583 237,000 MMWD Path State Per Capita $45,000 3 Multi-Use Path Enchancement GF Park Dev $21,000 66,000 1,269 66,000 GF Infrastructure & 4 Tiburon Boulevard Downtown Street lights Facility 100,000 5,920 100,000 G F Infrastructure & 5 Sidewalks/Curb Ramps ADA Compliance Facility 30,000 5,730 30,000 Master PlanConceptual 6 PW Corporation Yard Design PW Corp Yard Fund 100,000 100,000 7 Railroad Marsh Maintenance GF Streets & Drainage 40,000 40,000 Paths/Lanes 8 Improvements Formalize Path NTPP Grant 250,000 6,699 7,500 9 Fire Road Maintenance GilmartinlSheapard Wav General Fund 10,000 380 380 G F Infrastructure & 10 Police Building Paint Exterior Facility 35,000 35,000 Beach Road Tennis G F Infrastructure & 11 Courts Resurfacing Facility 9,000 9,000 GF Open Space 12 Tiburon Open Space Management Master Plan Management Fund 20,000 20,000 G F Infrastructure & 13 Information Signage Various Locations Facility 30,000 801 30,000 TOTAL COMMUNITY DEVELOPMENT PROJECTS $ 7,688,099 $ 20,799 $ 674,880 SCHEDULE 5. STATEMENT OF FUND RESOURCES Period: July 1, 2007 to June 30, 2008 Estimated to June 30th 2007 GENERAL RESERVES General Unallocated $ 3,058,415 7,822,522 7,299,616 10,000 512,906 $ 3,571,321 Capital Equipment Replacement 147,377 122,200 100,050 22,150 169,527 Infrastructure & Facility 918,947 454,000 250,000 (204,000) 714,947 Employee Compensated Leave 230,511 20,000 (20,000) 210,511 Employee Housing Assistance 800,000 (800,000) (800,000) Open Space Management 50,000 20,000 (20,000) 30,000 PW Corp Yard Replacement 931,367 100,000 (100,000) 831,367 Park Development 684,493 358,000 132,000 (226,000) 458,493 Self Insurance 54,805 54,805 Drainage Improvement 1,493,310 642,000 112,000 (530,000) 963,310 Disaster Response 100,000 100,000 Traffic System 450,000 450,000 Technolo Fund 263,516 125,000 114,550 10,450 273,966 Total General Fund $ 9,182,741 7,944,722 7,419,666 1,584,000 (1,354,494) 7,828,247 OTHER RESTRICTED FUNDS Belvedere/Tiburon Library Agency $ 1,265,680 1,265,680 $ Cypress Hollow LLD $ 68,884 20,100 15,500 4,600 $ 73,484 Heritage & Arst Project Fund $ 9,775 300 300 $ 10,075 Low & Moderate Housing 1,416,126 52,000 4,375 47,625 $ 1,463,751 Open Space Acquisition 177,459 6,500 6,500 $ 183,959 Police Asset Forfeiture 88 $ 88 Police Suppl Law Enforcement (2,204 ) 100,000 100,000 $ (2,204 ) Police Tech 1,346 $ 1,346 Property Development Tax 3,352 $ 3,352 State Gas Tax 456,640 200,000 280,000 (80,000) $ 376,640 State Traffic Congestion Relief 33,613 30,000 30,000 $ 63,613 Street Frontage Improvement 2,267 $ 2,267 Tiburon Circ System Improvement 89,589 4,000 105,000 (101,000) $ (11,411) Tiburon Drainage Impact 150,501 85,000 112,000 (27,000) $ 123,501 Tiburon Long Range Planning 66,468 45,000 15,000 30,000 $ 96,468 Tiburon Parks In-Lieu (1,263 ) 2,000 2,000 $ 737 Tiburon Planning Area Mitigation 160,053 10,000 10,000 $ 170,053 Tiburon Playground Improvement (234) $ (234) Tiburon Street Impact 1,272,266 450,000 1,208,000 (758,000) $ 514,266 Lyford Cove Underground AID 1,084,051 $ 1,084,051 Del Mar Under round AID 3,647,216 3,000,000 $ 6,647,216 Total Other Funds $ 8,635,993 5,270,580 1,385,055 1,720,500 $ 3,069,751 REDEVELOPMENT AGENCY General Increment $ 247,120 9,000 4,500 4,500 $ 251,620 Housing Set-Aside 1,456,320 25,000 5,500 19,500 1,475,820 Total Redevelo ment $ 1,703,440 34,000 10,000 24,000 $ 1,727,440 Town Council Meeting January 16,2008 Agenda Item: {'( ~ 5 ST \FF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Approve Contract to Assist in Preparation of Zoning ~r . n.c... e Update ,M C" '~ " -' Reviewed By: BACKGROUND The Tiburon Zoning Ordinance is scheduled to be updated in the current fiscal year. Staff solicited proposals from several firms to assist in the update, concentrating on technical assistance to comply with changes in State planning laws, and formatting and graphics that will improve the usability of the zoning ordinance. Lisa Wise Consulting presented the most cost- effective proposal. Ms. Wise has conducted zoning ordinance updates for other public agencies, including the County of Marin. FINANCIAL IMP ACT A total of $30,000 has been budgeted for this project. The proposed cost of the contract would be $29,100. A copy of the proposal and the draft agreement are attached. RECOMMENDATION Staff recommends that the Town Council approve the contract with Lisa Wise Consulting to assist in the preparation of the update of the Tiburon Zoning Ordinance. Exhibits: Draft Agreement for Preparing a Zoning Ordinance Update Zoning Ordinance Update Proposal from Lisa Wise Consulting Prepared By: Daniel Watrous, Planning Manager AGREEMENT FOR PREPARING A ZONING ORDINANCE UPDATE THIS AGREEMENT, made and entered this _ day of January, 2008, by and between the TOWN OF TIBURON, a municipal corporation, hereinafter called "Town," and LISA WISE CONSULTING, hereinafter referred to as "Consultant," RECITALS A. The Town is desirous of consultant to assist in the preparation of an update to the Tiburon Zoning Ordinance. B. The Town has determined that a consultant with specific expertise in updating zoning ordinances will be required in order to perform this update. C. Town will contract for the Consultant to provide the services described in Exhibit A ("Services"), which is attached hereto and incorporated herein by reference. AGREEMENT 1. Scope of Consultant Services. Consultant shall perform those Services described in Exhibit A. Consultant may subcontract out certain of the Services to other Consultants only as may be approved in advance in writing by Town. In the event of such subcontracting, Consultant shall remain responsible for the full performance of such services. 2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A. Payments shall be due thirty days after submission of an itemized invoice showing work actually completed. Consultant shall submit invoices on a monthly basis for time and materials actually expended. Compensation in excess of the amount set forth in Exhibit A must be approved in writing by the Town through amendment of this Agreement. 3. Consultant as Independent Contractor. Consultant (including its agents and employees) is not an agent or employee of the Town but is an independent contractor not subject to the direction and control of the Town. Without limiting the foregoing, Consultant shall maintain complete control of its operations and personnel and shall be solely liable and responsible to pay all required salaries, wages, expenses, taxes and other obligations, including, but not limited to, withholding and Social Security. 4. Audit of Books and Records. Town may, in its sole discretion, undertake an independent audit and/or evaluation of the Consultant's records and accounts of expenditures and program activities at its own expense. Consultant shall furnish all items necessary in the Town's discretion to complete said audit and/or evaluation A$!reement for a Development Hourly Rate Study.2007.doc 1 subject to restrictions on confidentiality limited to expenditure or receipt of program funds, and program quality. 5. Ownership of Documents: Re-Use. All documents, including drawings and specifications prepared by Consultant pursuant to this Agreement shall be the property of Town. Town acknowledges that said documents are prepared for use only in connection with the services as described in the Exhibit A. Consultant makes no representation that said documents are suitable for re-use on any other project or on any expansion of the Project. 6. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work Order"), require Consultant to stop or suspend performance of the Services, in whole or in part, for a period of up to ninety days after such notice is delivered to Consultant. Upon receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of work stoppage. Within ninety days of the delivery of the Stop Work Order, or such later time as may be agreed to by the parties, Town shall either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 8. Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent that the Stop Work Order results in a documentable increase in the cost of performing the Services or the time required for such performance, Consultant shall receive an equitable adjustment in compensation or an extension of time for performance, as appropriate. 7. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after submittal, Consultant may commence to charge interest of the unpaid amounts at the lesser of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition, Consultant may suspend the performance of the Services after giving Town 10 days notice of its intent to do so. In the event of such suspension, the Base Fee shall be increased to include Consultant's reasonable costs of suspending and restarting the Services. 8. Termination of Contract. It is expressly understood that either party shall have the right to terminate this agreement within five (5) days written notice to the other party. In such event, Consultant shall deliver to the Town copies of all finished and unfinished surveys, studies, documents, computer disks, and/or reports pertaining to the contract, and Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed as determined by the Town. 9. Discrimination. In the performance of the terms of this Agreement, Consultant shall not engage in nor permit others he or she may employ to engage in discrimination in the employment of such persons based on race, color, religion, sex, sexual preference, age, or handicapped conditions. A~reement for a Development Hourly Rate Study. 200 7. doc 2 10. Miscellaneous. A. Other Contract Provisions. Other contract provisions may be set forth in Exhibit A. To the extent that there are any inconsistencies with such Exhibit and the other portions of this Agreement, the latter shall prevail. B. Governing Law. This Agreement shall be governed by the laws of the State of California. C. Severability. If any provision of this Agreement is found to be invalid or unenforceable, the validity and enforceability of the remaining portions shall not be affected unless the effect thereof would materially change the economic burden on either party. D. Successors in Interest~ Assignment. This Agreement shall be binding on the assigns and successors in interest to both parties. Neither party may assign their obligations under this Agreement without the written consent of the other party. E. Entire Agreement~ Amendment. This Agreement represents the entire Agreement between the parties. This Agreement may only be amended in writing. IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to execute this Agreement the day and year above written. CONSULTANT TOWN OF TIBURON Lisa Wise, Lisa Wise Consulting Margaret A. Curran, Town Manager APPROVED AS TO FORM: Ann Danforth, Town Attorney ARreement for a Development Hourly Rate Study. 200 7. doc 3 PROPOSAL PREPARED By: LISA WISE CONSULTING EXHIBIT No.A TOWN OF TIBURON ZONING ORDINANcE UpDATE DRAFTSCOPEOFVVORK DECEMBER 17, 2007 This Scope of Work for the Town of Tiburon Zoning Ordinance Update is based on our understanding of the Town's needs and our experience with similar projects. Lisa Wise Consulting (LWC) will revise the Scope of Work, as necessary, to better satisfy the Town's goals for the project, its financing limitations, and time constraints. LWC will work closely with Town Staff throughout the project and will be flexible and responsive to any concerns that may emerge. SCOPE OF WORK Task 1. Project Initiation. L WC and the Town will review and finalize project objectives and confrrm a timetable for project completion. During this Task, LWC will: o Obtain and review available sources of information, past studies, and maps. o Discuss with the Town project goals, objectives, and specific areas of concerns. o Review and refme project scope. o Establish a project timeline. De/iverables: Project timeline and team responsibilities. Task 2. Formatting and Minor Technical Revisions. LWC will work with Staff to reformat the Zoning Ordinance and clean up minor technical corrections. The purpose of this Task is to (1) improve usability, (2) clearly and accurately communicate the development requirements, and (3) provide tables and graphics to plainly illustrate Ordinance standards and procedures. Specifically, LWC will: o Recommend an organizational framework with a logical hierarchy. o Provide examples of document formats. o Create a list of minor technical corrections. Deliverables: Recommendations and examples of organization andformat. List of minor technical corrections. Prepared by Lisa Wise Consulting Town ofTiburon Zoning Ordinance Update Task 3. Comply with Changes in State Law. The focus of this effort is to update the Zoning Ordinance to ensure compliance with State law, including but not limited to legislative amendments to the State Density Bonus Law, wireless telecommunication facilities, group home facilities, emergency shelters, secondary dwelling units, and appeals on Subdivision Act matters (SB 1052). Based on discussions with Staff and a review of recent State legislation, L we will: o Prepare a list of proposed revisions to bring the Ordinance into compliance with State law for Town Staff review and comment. Deliverable: List of revisions to bring the Ordinance into compliance with State law and recommended Ordinance language/updates. Task 4. Administrative Draft Zoning Ordinance. Based on an agreed framework (see Task 1), LWe will prepare an illustrated Administrative Draft Zoning Ordinance that incorporates the fmal recommendations from Tasks 1,2, and 3 for Staff review. Deliverable: Administrative Draft Zoning Ordinance (1 electronic and 1 hard copy). Task 5. Hearing and Meetings. L WC will attend meetings and hearings on a time and material basis. PROJECT SCHEDULE L WC will work out a detailed project schedule after consulting with Staff regarding the Town's expectations for project completion and Staff availability for key project components. However, L we can begin the project immediately and is committed to making this project a top priority for the fIrm. PROPOSED BUDGET The proposed budget for this project is estimated at $29,100. This fee includes all services and products described in Tasks 1 to 4. Principal Associate Total Hrs Rate Hrs Rate Hrs Fee Task 1 - Proiect Initiation 8 $ 150 0 $ 75 8 $ 1,200 Task 2 - Formatting and Minor Revisions 12 $ 150 8 $ 75 20 $ 2,400 Task 3 - Comply with Changes in State Law 20 $ 150 20 $ 75 40 $ 4,500 Task 4 - Adminstrative Draft Zoning Ordinance 60 $ 150 160 $ 75 220 $ 21,000 Total 288 $ 29,100 Prepared by Lisa Wise Consulting 2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting ] anuary 16, 2008 Agenda Item: L-7 ( r &, ST AFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Manager Reviewed By: Recommendation to Approve the Third Amendment to the Employment ~ofthe Town Attorney Subject: BACKGROUND On December 5, 2007 the Town Council met in closed session to conduct its annual evaluation of the Town Attorney. The Mayor subsequently worked with the Town Attorney and Town Manager to determine an appropriate adjustment to her salary to reflect her continued excellent service to the Town. FINANCIAL IMP ACT The Town Attorney works a part-time schedule of approximately 26 hours per week (750/0 of a 35 hour work week). Her contract provides that while she works on this schedule, she shall receive 750/0 of her base salary, which is presently $144, 600. Given the Town Attorney's 750~ status, the proposed adjustment would provide a 70/0 increase of her annual salary, taking it from its current level of $108, 450 to $116, 041. This increase is recommended in order to bring her salary more in line with city and town attorneys serving in similar capacities in other cities as well as to recognize the quality of her work on behalf of the Town. This increase can be absorbed within the Administrative Services Department budget. RECOMMENDATION Staff recommends that the Town Council: Approve the proposed amendment to the Town Attorney's contract as provided in the attached draft. Exhibits: Amendment 3 to Employment Contract Prepared By: Peggy Curran, Town Manager THIRD AMENDMENT TO TOWN ATTORNEY'S EMPLOYMENT AGREEMENT This AMENDMENT TO THE TOWN ATTORNEY'S EMPLOYMENT AGREEMENT ("Amendment") is effective as of February 7,2007, by and between The Town of Tiburon ("Town") and Ann R. Danforth ("Employee"). RECITALS A. On December 15,1995, the Town and Employee entered into a letter agreement ("Original Agreement") that retained Employee as Town Attorney for the Town, beginning on January 22, 1996. Employee has ably served as the Town Attorney since that date. On March 18, 1998, the Town and Employee amended the Original Agreement by a memorandum providing for Employee's continuing as Town Attorney on a seventy- five percent work schedule on an indefinite basis. B. Effectively July 1, 2001, the parties entered into a new agreement that superceded and replaced the Original Agreement and amendment ("Attorney's Agreement"). The parties subsequently amended the Attorney's Agreement on November 16,2005 and on February 7, 2007. C. The Town Council has conducted its 2007 performance evaluation of Employee as set forth and is well satisfied with Employee's Performance. The Council finds that the Employee has demonstrated legal and management skills that compare favorably to persons holding similar positions in similar agencies. D. The Town's policy is to offer compensation packages that are competitive with similar employers for similar positions so as to maintain the highest quality staff to serve the public. To continue to maintain a competitive compensation package for Employee so as to retain Employee as Tqwn Attorney, the Council has decided to further modify the Employee's Agreement and compensation as set forth in this Amendment and Employee has agreed to such modification. The Town Council accordingly has authorized the Town Manager to execute this Agreement on behalf of the Town. NOW, THEREFORE, IN CONSIDERATION OF THE ABOVE RECITALS AND OF THE MUTUAL PROMISES AND CONDITIONS OF THIS AGREEMENT, IT IS AGREED AS FOLLOWS: 1. Base Salary. Section 4.1 of the Attorney's Agreement is amended to read as follows: Town Attorney, Am. To Employment Ag., 2-07-07 1 4.1 Base Salary. Employee shall receive a base salary of One Hundred, Fifty-Four Thousand, Seven Hundred and Fifty-Two Dollars ($154,752) per year. Consistent with the Town's practice, this salary shall be retroactive to July 1, 2007, the beginning of the fiscal year. 2. Attornev's Aereement Otherwise Unchaneed. Except as expressly modified by this Amendment, and the previous amendments described herein, the Attorney's Agreement between the Town and Employee shall remain in full force and effect. IN WITNESS WHEREOF, this Amendment to the Attorney's Agreement shall be effective as of the day and year written above. Dated: THE TOWN OF TIBURON: By: Margaret Curran Manager, Town of Tiburon APPROVED AS TO FORM Thomas Curry, McDonough, Holland & Allen Acting Town Attorney EMPLOYEE Ann R. Danforth Town Attorney, Am. To Employment Ag., 2-07-07 2 TOWN OF TIBURON - 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting January 16, 2008 Agenda Item: <<' - '1' STAFF REPORT To: Mayor and Members of the Town Council From: Department of Public Works Subject: Recommendation to Accept the 2007 Failed Streets Improvement Project And Authorize The Filing Of The Notice Of Completion For ~:rk Reviewed By: BACKGROUND On July 18, 2007, the Council authorized staff to advertise and seek bids for the construction of 2007 Failed Streets Improvement project. The project was posted and advertised as required by the State of California's Public Contract Code. The contract was awarded to WK McLellan on September 5,2007 in the amount of$376,257.10, plus 15 percent for contingency. Work consisted of localized base repair, pavement grinding and overlay, re-striping, and localized drainage repairs of the following road segments: From To . Bartel Court Venado Drive Cul-de-sac . Lyford Drive Acela Drive Sugarloaf Drive . Red Hill Circle Lyford Drive Lyford Drive . St. Gabrielle Court Sugarloaf Drive Cul-de-sac . Santa Ana Court' Bartel Court Cul-de-sac . Paseo Mirasol Via San Fernando 800 feet north of . Reed Ranch Road Tiburon Blvd East Terrace . Harbor Oak Drive Mariner Way End . Blackfield Drive Karen Way Via San Fernando . East View Ave Alcatraz A venue Main Street There was $720,000 budgeted to design, inspect, and construct the project. There were no change orders. Based on the work performed and material installed, the final construction cost is $369,153. During town-wide pavement review and planning, roads that were categorized as "failed," such as the above, were earmarked and budgeted for extensive repairs and resurfacing. However, at the project-level stage the design team determined that based on various parameters, Town Council Meeting such as traffic loading, extensive base repairs could be localized and minimized thereby developing a more cost-efficient solution with significant savings for the project. Considering design and inspection fees and other miscellaneous costs, the total project cost is $469,849, delivering the project under budget. RECOMMENDA TION Staff recommends that the Town Council: Move to adopt a resolution accepting this project as complete and authorizing the Director of Public Works / Town Engineer to execute the Notice of Completion on behalf of the T own Council, and upon completion of the 35 day period, release the retention funds to the contractor. Exhibits: Resolution Accepting the 2007 Failed Streets Improvement Project And Authorizing The Filing Of The Notice Of Completion For The Work. Prepared By: Nicholas T. Nguyen, Director of Public Works/Town Engineer To\\'0,' ()f TIBT IRON Page 2 of 2 RESOLUTION NO. - 2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ACCEPTING THE 2007 FAILED STREETS IMPROVEMENT PROJECT AND AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION FOR THE WORK 'V-. WHEREAS, The Town Council budgeted funds in Fiscal Year 2007-2008 to complete the project; WHEREAS, W.K. McLellan, Inc. was awarded the contract on September 5, 2007 to perform the work; , WHEREAS, The construction of the project was completed under budget on January 4, 2008; and WHEREAS, The final construction cost, including payment of total quantities installed is $369,153. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon as follows: Section 1. The Town Council does hereby accept the construction of the 2007 Failed Streets Improvement project as complete by W.K. McLellan, Inc. Section 2. The Town Council authorizes the Director of Public Works / Town Engineer to execute the Notice of Completion and the Town Clerk to record the Notice of Completion. Section 3. The Town Council authorizes the Director of Public Works / Town Engineer to release the retention payment 35 days after the recordation date of the Notice of Completion, pending release of any stop notices or Town claims. PASSED AND ADOPTED at a regular meeting of the Town Council on the 16th day of January, 2008, by the following vote, to wit: A YES: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK When recorded mail to: Town of Tiburon Diane Crane Iacopi, Town Clerk 1505 Tiburon Blvd Tiburon, CA 94920 SPACE ABOVE THIS LINE FOR RECORDER'S USE Town of Tiburon NOTICE OF COMPLETION OF IMPROVEMENT TO ALL PERSONS WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN for and on behalf of the Town of Tiburon, County of Marin, State of California, that there has been a cessation of labor upon the work or improvement and that said work or improvement was completed upon the 4th day of January, 2008 and accepted the 16th day of January, 2008; that the name, address and nature of the title of the party giving this notice is as follows: The Town of Tiburon, a municipal corporation, in the County of Marin, State of California, within the boundaries of which said work or improvement was made upon land owned by said Town and/or over which said Town has an easement; that said work or improvement is described as follows: 2007 Failed Streets Improvement Project and reference is hereby made for a further description thereof to the contract approved for said work or improvements now on file in the office of the Town Clerk of said Town, and said contract is hereby incorporated herein by reference thereto; and that the name of the Contractor who contracted to perform said work and make such improvement is W.K. McLellan, Inc. I declare under penalty of perjury that the foregoing is true and correct. Executed at Tiburon, California, on ,20~ TOWN OF TIBURON A Municipal Corporation By: Nicholas T. Nguyen, P.E. Director of Public Works / Town Engineer 1/2 STATE OF CALIFORNIA COUNTY OF MARIN On this day of , 20_, before me, DIANE CRANE IACOPI, Town Clerk of the Town of Tiburon, County of Marin, State of California, residing therein, personally appeared Nicholas T. Nguyen, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person (s) whose name (s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature (s) on the instrument the person (s), or the entity upon behalf of which the person (s) acted, executed the instrument. WITNESS my hand and official seal. Signature DIANE CRANE IACOPI, Town Clerk 2/2 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 16, 2008 Agenda Item: {l C _ g STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: Recommendation to Announce Vacancies on Town Boards, Commissions & C ittees Reviewed By: BACKGROUND The Town Council is required to announce current and pending vacancies on Town boards, commissions and committees at its first regular meeting of the New Year pursuant to Town Council Resolution No. 16-2007 [Appointments Procedure]. A notice is subsequently published in the Ark newspaper and posted at Town Hall and the Belvedere- Tiburon Library for the purpose of further informing the public of these vacancies. Commissioners whose terms are expiring in 2008 will be notified by the Town Clerk of their term expiration and asked whether they are interested in seeking reappointment. Due consideration will be given to incumbent commissioners, however, the Council is required to interview all new applicants pursuant to Resolution No. 16-2007. Interviews will be scheduled in February and March. The Council has the option of waiving an interview of any member currently serving on a board or commission prior to appointing that member to a different board or commission. In addition, Council has the option of waiving a second interview of any previous applicant (within the last year) prior to making an appointment. The following is a list of current and pending vacancies on Town boards and commissions: . PLANNING COMMISSION - Current Vacancy (Richard Collins) . DESIGN REVIEW BOARD - Two Pending Vacancies - Cathy Frymier and Bill Teiser (Boardmember Teiser does not seek reappointment) . PARKS & OPEN SPACE COMMISSION - Pending Vacancy (Margo Zender) . HERITAGE & ARTS COMMISSION - Current Vacancy (Chris Morrison) and Pending Vacancy (Patricia Navone) . BICYCLE & PEDESTRIAN ADVISORY COMMITTEE - Current Vacancy (Tyler Phillips) and Pending Vacancies (Ralph Leighton, Peter Winkler, Petey Stein) . IT . RECREATION COMMITTEE - Pending Vacancy (Tara Sullivan) . LIBRARY BOARD - Pending Vacancy (Boardmember Mary Falk's term expires 6/30/08 pursuant to Library Agency by-laws) . HILARITA BOARD - Current Vacancy 1mI'D C:ouncil 16, 2Clt:t\ RECOMMENDATION Staff recommends that the Council adopt this report, thereby announcing the current and pending vacancies on Town Boards and Commissions in 2008 pursuant to Resolution No. 16-2007: Exhibits . Resolution No. 16-2007 . Notice of Pending Vacancies on Town Boards, Commissions & Committees (January 2008) Prepared By: Diane Crane Iacopi, Town Clerk RESOLUTION NO. 16-2007 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING AN AMENDED PROCEDURE FOR APPOINTMENTS TO THE TOWN'S BOARDS" COMMISSIONS AND COMMITTEES WHEREAS, the Town Council of the Town of Tiburon appoints the membership ofa number of standing boards, commissions and committees, whose members are volunteers and serve at the pleasure of the Council and such boards, commissions and committees serve a vital role in the efficient administration of the Town of Tiburon; and WHEREAS, in order to encourage more persons to serve as volunteers on the Town's standing boards, commissions and committees, on March 19, 1997, by Resolution No. 3212, the Town Council adopted a formal procedure for the recruitment and selection of members of said standing boards, commissions and committees, which procedure the Council amended on February 4, 1998, by Resolution No. 3263; WHEREAS, the Council now wishes to amend its procedure to improve recruitment and appointment of volunteers for these critical positions; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Tiburon that the Town's procedure for the recruitment and selection of members to those regular and ongoing boards, commissions and committees whose members are appointed by the Council is hereby amended to provide as set forth below. 1. In December of each calendar year, the Council shall adopt a Local Appointments List. The Local Appointments List shall contain the following information: A. A list of all appointive terms that will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires and the necessary qualifications for the position. B. A list of all boards, commissions, and committees whose members serve at the pleasure of the Council and the necessary qualifications for each position. Town staff shall update the Local Appointments List as appropriate. The Local Appointments List shall be made available to the public and shall be mailed to Belvedere- Tiburon -Library. 2. The terms of all members of all boards, commissions, and committees who serve for a fixed term shall expire on February 28 (or February 29 in the event of a leap year) of the year in which their term is currently set to expire and thereafter the terms of all members appointed to fill scheduled vacancies on such boards, commissions and committees shall Resolution No. 16-2007 - Appointments Procedure 1 commence on March 1 of their first year and terminate four years later, on February 28 (or February 29 in the event of a leap year). 3. Scheduled vacancies on the Town's boards, commissions and committees shall be filled according to the following procedure: A. No later than January 2 of each year, the Town Clerk shall send a Notice of Pending Vacancies to the Ark and Marin Independent Journal newspapers with a request for publication. The notice shall describe the open positions that will become vacant on March 1 of that year and any necessary qualifications for such positions and shall establish an opening and closing period for applications. The pending vacancies shall also be announced by the Town Council at its first meeting in January. B. Any person wishing to apply for a listed vacancy or vacancies, including any incumbent who desires reappointment to their position, shall do so in writing prior to the end of the closing period established in the Notice of Pending Vacancies. With the exception of incumbents seeking reappointment to their current positions, applications shall include a letter of interest and/or resume. The Town Clerk will forward the applications and letters of interest to the Council in a timely manner. After the closing period, the Town shall agendize applicant interviews before the Town Council. The agenda packet shall include the applicants' letters of interest and/or resume. The Council will interview all applicants for the position, with the following two exceptions: (1) the Council may reappoint without an interview any incumbent the expiration of whose term will create the vacancy; and (2) the Mayor shall have discretion to waive the interview of any applicant that the Council has interviewed within the past year. After holding the interviews, the Council may, for each of the vacancies (i) elect to hold a second interview of one or more applicants before making a final appointment; (ii) appoint an applicant to the open position; (iii) reappoint the incumbent the expiration of whose term created the vacancy; or (iv) decide to hold the position open while it considers other potential candidates. C. Notwithstanding the foregoing, in the event that the incumbent whose term is expiring has held their 'position for less than two years, the Council may elect to reappoint that person to a full term, omitting the above-described notice, advertising and interviewing procedure with respect to that position. 4. In the event that an unscheduled vacancy arises on any board, commission or committee for which the Council has the appointing power, whether due to resignation, death, termination or other causes, the vacancy shall be filled by the following procedure: Resolution No. 16-2007 - Appointments Procedure 2 A. A Special Vacancy Notice shall be posted in the office of the Town Clerk and in the library designated to receive the Local Appointments List and shall be sent to the Ark and Marin Independent Journal newspapers with a request for publication. The Special Vacancy Notice shall describe the open position, any necessary qualifications for the positions, and set forth an opening and closing period for submissions of applications. The Special Vacancy Notice shall be posted no earlier than 20 days before nor later than 20 days after the vacancy occurs. The Special Vacancy shall also be announced by the Town Council at the earliest possible public meeting. B. Any person wishing to apply for the special vacancy shall do so in writing prior to the end of the closing period established in the Special Vacancy Notice. Applications shall include a letter of interest and/or resume. After the closing period, the Town shall agendize applicant interviews before the Town Council. The applicants' letters of interest and/or resumes shall be included in the agenda packet. The Council will interview all applicants, except that the Mayor shall have discretion to waive the interview of any applicant that the Council has interviewed within the past year. After holding the interviews, the Council may (i) elect to hold a second interview of one or more applicants before making a final appointment; (ii) appoint one of the applicants to serve the remainder of the term of the member whose departure created the unscheduled vacancy; or (iii) decide to hold the position open while is considers other potential candidates. C. The Council shall not make the final appointment to the board, commission or committee for at least 10 working days after the posting of the Notice of Special Vacancy in the Town Clerk's office and in no event prior to the closing period set forth in the Special Vacancy Notice. 6. The Council may fill any vacancy on any board, commission or committee on a temporary, acting basis where it finds that an emergency requires such an appointment, because the board, commission or committee would not otherwise be able to perform its duties. A person so appointed shall serve only so long as is required to make a final appointment under the procedures set forth in this resolution but shall be eligible to apply to fill the vacancy on a permanent basis. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town ofTiburon on April 4, 2007, by the following vote: AYES: NOES: COUNCILMEMBERS: COUNCILMEMBERS: Berger, Fredericks, Gram, Slavitz, Smith None TOM GRAM, MAYOR Resolution No. 16-2007 - Appointments Procedure 3 ATTEST: DIANE CRANE IACOPI, TOWN CLERK Resolution No. 16-2007 - Appointments Procedure 4 NOTICE OF CURRENT & PENDING VACANCIES ON TOWN BOARDS, COMMISSIONS & COMMITTEES PLANNING COMMISSION DESIGN REVIEW BOARD PARKS & OPEN SPACE COMMISSION HERITAGE & ARTS COMMISSION BICYCLE-PEDESTRIAN ADVISORY COMMITTEE JT. RECREATION COMMITTEE LIBRARY AGENCY BOARD January 2008 ******** The following vacancies on Town Boards, Commissions and Committees are current or pending in 2008. Pursuant to Resolution No. 3263, the Tiburon Town Council will conduct interviews of interested applicants beginning in February 2008. If you have interviewed for a position on a Town Board or Commission within the last year, your application may be considered for one of the vacancies. Commissioners whose terms are expiring may seek re-appointment for another term. Most Town appointments are made for four-year terms, effective March 1,2008. Other terms are stated in the agency's by-laws, e.g. Belvedere- Tiburon Library Agency. Applicants should be residents of the Town of Tiburon and have the time, interest and desire to serve on the Board or Commission, including attendance at regular monthly meetings and other activities. Application forms can be obtained at Town Hall, 1505 Tiburon Boulevard, or from the Town's website, www.ci.tiburon.ca.us. Contact Town Clerk Diane Crane Iacopi at 435-7377 for further information. Deadline for receiot of aoolications: Januarv 31. 2008 CURRENT & PENDING VACANCIES ON TOWN BOARDS.. COMMISSIONS & COMMITTEES - JANUARY 2008 PLANNING COMMISSION Appointee . Richard Collins Appointed 2002;2004 (Apptd. to Town Counci12007) DESIGN REVIEW BOARD Aopointee . Cathy Frymier . Bill Teiser Appointed 2006 2002;2004 PARKS & OPEN SPACE COMMISSION Appointee Aopointed . Margo Zender 1992; 1996; 2000;2004 HERITAGE & ARTS COMMISSION Aopointee Aopointed . Patricia Navone 2002; 2004 . Chris Morrison 2005 (resigned 2007) BICYCLE-PEDESTRIAN ADVISORY COMMITTEE Aopointee Appointed . Tyler Phillips 2001 (resigned 2007) . Ralph Leighton 2001 . Peter Winkler 2001 . Petey Stein 2001 Term Expires 2/28/08 Term Expires 2/28/08 2/28/08 Term Expires 2/28/08 Term Expires 2/28/08 2/28/09 Term Expires 2/28/08 2/28/08 2/28/08 2/28/08 BEL VEDERE- TIBURON JT. RECREATION COMMITTEE Appointee Appointed Term Expires . Tara Sullivan 2002; 2004 2/28/08 BELVEDERE-TIBURON LIBRARY AGENCY BOARD OF TRUSTEES Appointee Appointed Term Expires . Mary Falk 2004; 2005 6/30/08 THE HILARIT A- TIBURON ECUMENICAL ASSOCIATION BOARD Appointee Appointed Term Expires . Vacant N/A no set term limit (Applicants should be residents of the Town ofTiburon and befamiliar with the Town's policies and guidelines with respect to affordable housing issues.) ************************ Courtesy Copies to: The Ark (for Duhlication on Januarv 23& 30.2008) The Marin Independent Journal Notice Posted at Tiburon Town Hall and BelvederelTiburon Library TOWN OF TIBURON _ 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 16, 2008 Agenda Item: C C - 9 STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Resolution Authorizing Membership in ICLEI - Local Governments For Sustain ability and the Cities for Climate Protection Campaign ~ Reviewed By: BACKGROUND In 2005, the Bay Area Air Quality Management District (BAAQMD) established a Climate Protection Program to reduce pollutants that contribute to global climate change and affect air quality in the Bay Area. In June 2005, the Governor signed Executive Order #S-3-05, establishing greenhouse gas (GHG) reduction targets for the State. The Governor formed a multi- departmental Climate Action Team to implement global warming emission reduction programs and to report on progress statewide. In September 2006, the Legislature passed AB 32, the California Global Warming Solutions Act of2006. AB 32 codified the Governor's emission reduction goals. ANAL YSIS Local agencies are required to review and adopt local best management practices for reaching the State GHG targets. Efforts adopted by the State are broad target strategies; however, these efforts do not fully address actions that are best initiated at the local level. In November of2007, the Marin Climate and Energy Partnership (MCEP) was formed, comprised of all Marin municipalities, which have a common goal of creating sustainable communities that promote healthy environments, robust local economies, and social equality. The Town is a participant in MCEP which supports and implements greenhouse gas (GHG) emission reduction programs to achieve the countywide goal of reducing GHG emissions by 46% below current levels. The MCEP partnered with ICLEI - Local Governments for Sustainability, and with the support of various Marin County environmental agencies, collaboratively applied for and was awarded a $75,000 Climate Protection Grant through the Bay Area Air Quality Management District. The grant money will fund a temporary position, a Climate Action Director, to assist all Marin agencies in the development of strategies that can be incorporated into each agency's general plan process. The Marin General Services Agency would ultimately contract for the position as a regional body representing all Marin agencies. 'Io\vn (~\)unc!l:vrccting J,u1Uary 16,2008 In order to adopt best management practices and policies to reduce GHG emissions, a Climate Action Plan must be developed. ICLEI has assisted numerous local Marin agencies in adoption of this type of plan, and will be providing assistance to each participant within MCEP in analyzing data, setting a target goal, and drafting a climate action plan specific to each jurisdiction. In order for the Town to utilize the resources of ICLEI in the development of a local Climate Action Plan, membership is necessary. FINANCIAL IMPACT Annual membership dues are based on the population of each local government. Local governments with a population between 1 and 50,000 pay annual dues of$600. RECOMMENDATION Staff recommends that the Council: Adopt the Draft Resolution authorizing membership in ICLEI - Local Governments for Sustainability and the Cities for Climate Protection Campaign. Exhibits: 1. 2. 3. 4. Draft Resolution ICLEI Cities in Action Benefits of ICLEI Membership F AQ: Elected Official Liaisons Prepared By: Laurie Tyler, Associate Planner RC)\ RESOLUTION NO. XX-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON APPROVING MEMBERSHIP IN ICLEI- LOCAL GOVERNMENTS FOR SUSTAINABILITY U.S.A. AND PARTICIPATION IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN WHEREAS, scientific consensus has developed that carbon dioxide (C02) and other greenhouse gases released into the atmosphere have a profound effect on the Earth's climate; and WHEREAS, the 2007 Fourth Assessment Report from the Intergovernmental Panel on Climate Change (IPCC) states that it is very likely that most of the observed increases in globally averaged temperatures since the mid-20th century are due to human- induced greenhouse gas emissions; and WHEREAS, in 2006 the U.S. National Climatic Data Center confirmed clear evidence of human influences on climate due to changes in greenhouse gases; and WHEREAS, energy consumption, specifically the burning of fossil fuels, accounts for more than 80% of U.S. greenhouse gas emissions; and WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses, and its residents; and WHEREAS, the Cities for Climate Protection Campaign sponsored by ICLEI- Local Governments for Sustainability has invited the Town to join ICLEI and become a partner in the Cities for Climate Protection Campaign; and NOW THEREFORE, BE IT RESOLVED, that the Town of Tiburon will join ICLEI as a Full Member and participate in the Cities for Climate Protection Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about the causes and impacts of climate change. BE IT FURTHER RESOLVED, that the Town of Tiburon will undertake the Cities for Climate Protection Campaign's five milestones to reduce both greenhouse gas and air pollution emissions throughout the community, and specifically: · Conduct a greenhouse gas emissions inventory and forecast to determine the source and quantity of greenhouse gas emissions in the jurisdiction; . Establish a greenhouse gas emissions reduction target; · Develop an action plan with both existing and future actions which when implemented will meet the local greenhouse gas reduction target; TIBURON TOWN COUNCIL RESOLUTION NO. XX-2008 EXHIBIT NO.-1..- 1 . Implement the action plan; and . Monitor and report progress; and BE IT FINALLY RESOLVED that the Town of Tiburon requests assistance from ICLEI's Cities for Climate Protection Campaign as it progresses through the milestones. PASSED AND ADOPTED at a regular meeting of the Town Council on January 16, 2008, by the following vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLA VITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK TIBURON TOWN COUNCIL RESOLUTION NO. XX-2008 2 IN ACTION . ,'-I IeLEI L Local Governments for Sustainability EXHIBIT NO. 2 Budget-Friendly Tips for Cutting Greenhouse Gas Elllissions By reducing greenhouse gas emissions, local governments of all sizes can cut energy costs, improve air quality, stimulate the local economy, and mitigate global warming. Below are six easy ways to get started. Switch to LEDs LEDs or light emitting diodes, are 90 percent more energy efficient and last 6-10 times longer than conventional lights, Save energy and maintenance costs by switching conventional bulbs to LEDs in traffic signals and exit lights. Because these lights are functioning 24 hours a day, the energy and cost savings accrue quickly. Turn Out the Lights at Night Instituting a "lights out at night" policy in city buildings is an easy and effective way to save electricity, reduce greenhouse gas emissions, and save municipal dollars. This can be accomplished through educational campaigns and through technology, such as timers and occupancy sensors, Buy Bikes for Law Enforcement Officials Bicycles are inexpensive and people-powered. Downsizing some police sedans to mountain bikes in dense urban areas will significantly cut fuel costs, reduce tailpipe emissions, and in times of heavy traffic congestion, increase mobility. Lighten Up Rooftops Cool roofs absorb less solar energy and quickly release any heat that they store. Simply adding a highly reflective/emissive coating to a black or metal roof can reduce the need for air conditioning and produce huge annual cost and energy savings while decreasing greenhouse gas emissions at the same time. Purchase Energy Efficient Equipment Look for ENERGY STAR labeled equipment- ENERGY STAR computers use 70 percent less electricity than non-ENERGY STAR equipment. Some ENERGY STAR copy machines reduce paper costs by $60 a month and reduce energy costs at the same time, and fax machines that have earned the ENERGY STAR label can cut associated energy costs by 40 percent. Encourage Commuters to Ride the Bus Providing incentives for commuters to ride a bus rather than drive a car to work is one way for cities to decrease traffic, free up downtown parking spaces, and reduce emissions too. These can include subsidized or free transit passes, parking cash-out programs, coordinated car or van pools, and programs such as a commuter challenge (for fun and prizes). Local Governlllent Leadership Through Innovation All across the US, local governments are finding innovative ways to reduce elnissions while achieving a host of other benefits. Energy Efficiency Minneapolis's Police Precinct Renovation The City of Minneapolis recently turned an overcrowded police precinct into one of the community's most innovative green buildings. The city renovated and added on to the existing structure and carried out comprehensive energy modeling to examine the energy use impacts of all new and existing systems. The resulting benefits include approximately 40 percent savings in annual energy costs, a reduction of more than 300 tons of CO2 emissions, and an anticipated return on investment in less than seven years. Chicago's Green Bungalow Initiative The City of Chicago renovated four bungalow-style homes to determine if the benefits of green building, such as improved indoor air quality and energy efficiency, could be achieved afford ably \,,,hile remaining true to the original spirit of each home's design. Renovation of the homes was completed in 2002 and a subsequent energy analysis showed that the four bungalows together saved ~37,000 kWh and ~4,300 therms of natural gas each year. TI1e renovation also prevented 56 tons of CO2 from being released into the atmosphere annually. Simple payback periods for the additional green features of these homes ranged between 4.6 and 8.1 years. The green bungalows were projected to yield an average savings of more than $900 per home for heating, cooling, and hot water use in comparison to standard rehab homes. Ann Arbor's Municipal Energy Fund Since 1998 Ann Arbor's Municipal Energy Fund has provided city facilities with a source of capital for energy efficiency retrofits. The Energy Fund provides initial capital for new projects and receives 80 percent of projected annual energy savings from each installed project for five years. TI1e five-year payment plan allows projects that have a shorter payback to help support projects \vith a longer payback, and all savings accrued beyond the first five years remain with the departments implementing the improvements. 111e Fund was seeded by the city with five annual investments of $100,000, and quickly became self-sustaining. Most installed measures have had payback periods of three to six years, and projects supported by the Fund have yielded a total of 685 tons of annual eC02 reductions. Renewable Energy Montgomery County, Maryland's Green Power Purchasing In 2004, Montgomery County led a group of local governments and local government agencies in a wind energy purchase that represents 5 percent of the buying group's total electricity needs. Under the two-year deal, the buying , group will collectively purchase 38 million kWh of wind energy annually, translating into a yearly reduction of 21,000 tons of CO2, 95,000 pounds of nitrous oxides, and 1.4 pounds of mercury. The County demonstrated the benefits of renewable energy in meeting the requirements of the federal Clean Air Act by including the wind energy purchase as a control measure for ozone pollution in a "State Implementation Plan" for air quality improvement. The County plans to offset the added expense of the wind power purchase by instituting employee energy efficiency programs such as turning off lights, computers, and office equipment when not is use. Solid Waste San Prancisco's Organics Collection Program The City of San Francisco instituted residential curbside collection of organic material as part of its Fantastic Three program. The program provides each household with a green cart for organic waste, a blue cart for commingled recyclables, and a black cart for all remaining trash. Residents and businesses are encouraged to place all food scraps and yard trimmings into the green cart, which is collected for compo sting at a regional facility. By instituting curbside organics collection, San Francisco became the first large city in the nation to collect food scraps citywide. The Fantastic ll1fee program enabled the city to reach a reported overall 67 percent garbage diversion rate in 2004. Through outreach and other methods, the City plans to expand the Fantastic Three program and increase both the amount of organics and recyclables collected. The program's expansion is projected to achieve an annual eC02 reduction of 70,000 tons. Seattle's Ban on Recyclables from Garbage Since January 2005 the City of Seattle has prohibited the disposal of certain recyclables from residential, commercial, and self-haul garbage by law. The new recycling ordinance is aimed at eliminating recyclable or compostable paper, cardboard, aluminum cans, plastic bottles, and yard debris that, until recently, have constituted approximately 25 percent of the city's garbage. TIle city hopes the new ordinance will save residents and businesses as much as $2 million per year and keep future garbage costs low, as well as help to reverse the recent decline in Seattle's recycling rates. The measure is projected to achieve an annual reduction of 260,000 tons of eC02. Miami-Dade County's Paperless Traffic Court Voice Response System Miami- Dade County became a pioneer in the realm of waste reduction when it implemented the wo.rld's first "paperless" traffic court. Using technology that digitizes paper-based documents and makes them more accessible, both internally and to the public, the county has significantly increased the efficiency with which it handles traffic court cases and reduced the amount of paper used in the process. In addition to the paperless traffic court, the county also implemented an Interactive Voice Response telephone system that enables citizens to pay for traffic and parking tickets over the phone or online, make court dates, or make child support inquiries. The system reduces the need for considerable amounts of paperwork, thereby minimizing waste. It also significantly reduces transportation miles to and from court, eliminating an estimated 1,480,000 vehicle miles traveled and 4,300 tons of eC02 since its implementation. Transportation Keene's Conversion to Biodiesel From fire engines to snowplows, all 77 of the vehicles in the City of Keene, New Hampshire's Public Works Department are running smoothly on B20 biodiesel. The fleet is fueled onsite at the department's pump. The biodiesel performs well in cold temperatures and has improved the air quality inside the fleet maintenance facility The City has burned more than 4,400 gallons of biodiesel since 2002, which prevents an estimated 12 tons of CO2 from entering the atmosphere annually. Honolulu's Bus Rapid Transit Program A steady growth in passengers choosing the bus for their commute has accompanied the expansion of Honolulu's Bus Rapid Transit program. Monthly ridership has increased from about 100,000 riders since 1999, when the program began, to over 630,000 in 2005. Assuming that half of BRT ridership represents a shift from trips made in passenger vehicles to trips taken on BRT, this equated to an annual CO2 reduction of approximately 7 ,OO~ tons. Portland's Light Rail System The TriMet Metropolitan Area Express (MAX) light rail system, serving 64 stations over 44 miles of track in the Portland metropolitan area, sees 97,000 trips each weekday. More than $3 billion in development has occurred along MAX lines since the decision to build was made in 1978. MAX ridership now eliminates 22.2 million car trips per year, offsetting an estimated 26,400 tons of CO2 annually, while reducing traffic, improving air quality, and preserving neighborhood livability. :-~ rtl;. ,~ -"""_._~ ~J.,""..o<l ~J.l' ;.;;', '.' -.-..~, Community Outreach Burlington's 10% Challenge The 10% Challenge in Burlington, VT is a voluntary program to raise public awareness about global climate change and to encourage households and businesses to reduce their greenhouse gas emissions by at least 10 percent. Enlisting innovative outreach methods such as a musical road show called "Beat the Heat:' the program is achieving an estimated annual reduction of 1,500 tons of CO2 in the residential sector alone. Other Initiatives Newark's Tree Planting Initiative In 2004 Newark undertook a new project to create a more attractive, healthier, energy-efficient city with one simple tool: trees. Utilizing funding from a statewide urban forest energy efficiency initiative called "Cool Cities:' Newark planted 500 trees in strategic areas to employ the tree's energy efficiency and air pollution reduction benefits. The City anticipates each tree to reduce heating and cooling costs by up to 12 percent for buildings that are shaded by the trees, which will in-turn reduce energy use and greenhouse gas emissions. Take Action! Develop A Local Action Plan Is your community ready to save money and increase livability while reducing greenhouse gas emissions? Get started by developing a Local Action Plan. The process outlined below will help identify tried-and- true, budget-friendly opportunities and innovative new custom projects that can reduce greenhouse gas emissions in your jurisdiction. Select the best combination of projects that will enable your community to achieve its emissions reduction target and include them in your Local Action Plan. Step 1 Identify existing programs already reducing greenhouse gas emissions Does your city have a curbside recycling program or provide incentives for carpooling or riding public transport? Have any city buildings been retrofitted? Often there are many existing projects and programs already running in your jurisdiction to save money, increase energy efficiency, reduce solid waste, or improve local air quality. Find out what they are and if they are also reducing greenhouse gas emissions. Step 2 Quantify emissions reductions already achieved Use ICLEr's quantification software to measure the greenhouse gas reduction benefits of your jurisdiction's existing programs. As you learn which programs are most effective at reducing emissions, you can apply this knowledge in planning future projects. Add together the reductions you have already achieved to determine how far your local government has already come toward meeting its emissions reduction target, and how far you still have to go. . " Step 3 Identify new opportunities for further reducing emissions Consider the results of your greenhouse gas inventory and forecast-as well as sample projects implemented by yo~r peers across the ICLEI network-in order to identify new reduction measures that maximize cost effectiveness, minimize staffing needs, build political support, raise public awareness, and create co-benefits such as new jobs and improved public health. Use ICLEr's quantification software to measure the emissions reductions of each proposed project and compare your total planned reductions to your community's emissions reduction target. Step 4 Put everything together: Create your Local Action Plan Once the total reductions resulting from your existing and planned projects meet your community's reduction target, it's time to incorporate all of these projects into a Local Action Plan. ICLEI's website [www.icleLorg/usa] provides links to sample action plans created by other local governments in ICLEI's Cities for Climate Protection~ network. Benefits of ICLEI Membership Networking & Events Networking is one of ICLEI's greatest strengths. ICLEI Members enjoy invitations to exclusive regional, national, and international events as well as direct access and referrals to ICLEI's global network of more than 770 local government Members. Tools & Resources Because every local government has unique needs, ICLEI Members have access to password-protected Internet sites that offer the latest information and resources on sustainable development and climate protection-including case studies and best practice reports; ICLEI publications such as Initiatives; customizable presentation materials; templates for press releases, policies, and internship activities; a CCP methodology toolkit; specialized tools for energy management, forestry, land-use planning, and transportation; and additional resources continually in development. Technical Support & Professional Developlnent A hallmark of ICLEI is hands-on assistance. A designated ICLEI staff liaison will help local government Members get the support they need, such as training tailored for elected officials and staff on communitywide education, implementation of specific measures, program assistance, media relations, grant seeking, and use of ICLEI's greenhouse gas emissions software that helps quantify and track reductions. Financial Support & Discounts In order to help Members find the resources necessary to realize their sustainability projects, ICLEI helps match Members with fundip,g sources, offers Member discounts on ICLEI events, and provides acce'ss to grant- seeking resources and funding alerts. Recognition & Awards Celebrating progress and success inspires others. Through outreach, media, and public relations efforts, ICLEI Members are recognized for achievements and noteworthy progress such as milestone accomplishments and outstanding efforts made by individuals, communities, and local government Members. Representation Members are assured a voice at the table at top-level international meetings through ICLEI's official role as local government representative at the United Nations Framework Convention on Climate Change and as Local Government Major Group Coordinator at the United Nations Commission on Sustainable Development. Governance As an association of local governments, invitations to elect, and to seek position on, ICLEI's international Executive Committee and the ICLEI U.S.A. Board of Directors are extended to Members. ICLEI Council membership and the opportunity to evaluate, shape, and adopt ICLEI policies and practices are extended to every ICLEI Member. I C LEI L Local Governments for Sustainability ICLEI U.S.A., Inc. 43614th Street, Suite 1520 Oakland, CA 94612 U.S.A. Phone: +1-510/844-0699 Fax: +1-510/844-0698 E-mail: iclei-usa@icleLorg Web: www.icleLorg/usa U.S. Regional Capacity Centers Northeast RCC Boston, MA Pacific Northwest RCC Seattle, WA Western States RCC Fort Collins, CO ICLEI U.S.A. Policy Institute Washington, DC :.3 EXHI IT NO. F AQ: Elected Official Liaisons Upon joining ICLEI, Members identify elected official liaisons from their jurisdictions to serve as the main point of contact for other elected officials in their jurisdictions, for other ICLEI Members and for ICLEI staff. How does a Member select an elected official liaison ? Typically, elected liaisons are mayors, council members, county supervisors, or commissioners. The jurisdiction may always determine the most appropriate person for the role. However, if no liaison is designated by the jurisdiction, the mayor, board or commission chair, or county executive will be the default elected official liaison. What is the role of the elected official liaison ? . Keep the elected body aware of progress made by the local government in reducing greenhouse gas emissions and in implementing sustainability plans . Inform elected and appointed officials of grant, financing, and recognition opportunities . Help motivate local government staff and community members to accomplish climate protection goals . Participate in ICLEI training workshops . Report on the jurisdiction's progress as it achieves the five milestones of ICLEI's Cities for Climate Protection@ (CCP) Campaign .'.1 . Help build and maintain support for ICLEI's mission arid goals ICLEI L Local Governments for Sustainability ICLEI U.S.A., Inc. 436 14th Street, Suite 1520 Oakland, CA 94612 U.S.A. Phone: +1-510/844-0699 Fax: +1-510/844-0698 E-mail: iclei-usa@iclei.org Web: www.icleLorg/usa U.S. Regional Capacity Centers Northeast ReC Boston, MA Pacific Northwest RCC Seattle, WA Western States RCC Fort Collins, CO ICLEI U.S.A. Policy Institute Washington, DC What kind of support does an elected official liaison receive from ICLEI? . Notifications of grant, funding, and promotional opportunities . Periodic updates on global warming science and policy news . ICLEI publications that summarize best practice examples and highlight successful emissions reduction programs and policies . Invitations to ICLEI regional, national, and international workshops and events, which often include tailored sessions focused on supporting the elected official's role in effecting emissions reduction work . Registration discounts and, as available, travel and lodging subsidies for ICLEI events . Support in publicizing climate protection successes through talking points and customizable press releases . Ongoing assistance and support from ICLEI staff, including facilitating communication with elected liaison counterparts nationally and internationally and providing ICLEI and other resources to enhance the jurisdiction's climate protection wOrEXHI IT NO. tf TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 16, 2008 Agenda Item: ,Ar-- I STAFF REPORT To: Mayor and Members of the Town Council From: Office of the Town Clerk Subject: ~endation to Update Council Committee Appointments List Reviewed By: BACKGROUND Members of the Town Council serve on a variety of local, regional and state-wide committees as reflected on the attached 2007 roster of committee appointments. The Council adopted the most recent version of the roster at its December 5, 2007 regular meeting. It is necessary to update the list in 2008: Councilmember Paul Smith's departure has created a number of openings on the committee roster, and Councilmember Dick Collins has now taken his seat on the Council. RECOMMENDATION Staff recommends that the Town Council: 1) Determine who will take Paul Smith's place on various committees; and 2) Make any additional appointments or changes to the existing committee roster. Exhibits: Tiburon Town Councilmember Committee Appointments - 2007 Prepared By: Diane Crane Iacopi, Town Clerk TIBURON TOWN COUNCILMEMBER COMMITTEE APPOINTMENTS 2007 1. STATE & REGIONAL AGENCIES Tom Gram, Alternate Jeff Slavitz, Alternate Tom Gram, Alternate 4. LEAGUE OF CALIFORNIA CITIES - (North Bay Division Meets Quarterly - Annual Conference in October) Transportation, Communication & Public Works State Policy Committee - (I-year appointment by North Bay Division President) Alice Fredericks 5. MARIN EMERGENCY RADIO AUTHORITY BOARD OF DIRECTORS Police Chief Michael Cronin Jeff Slavitz, Alternate 6. MARIN TELECOMMUNICATIONS AGENCY Tom Gram, Delegate Jeff Slavitz, Alternate 7. REGIONAL AIRPORT PLANNING COMMITTEE (MTC, ABAG, BCDC) Alice Fredericks, Marin County MTC appointee [Deleted - Air Traffic Over Marin/SFO Expansion - Paul Smith] Jeff Slavitz, Alternate 9. TRANSPORTATION AUTHORITY OF MARIN (TAM--formerly CMA) (Meets Monthly on 4th Thursday at 7:30 p.m. - San Rafael City Hall) Alice Fredericks, Delegate (also elected by city representatives to serve as Southern Marin Representative to Executive Committee; also appointed as TAM's to Adopted January 3, 2007; revised 1/10/07; revised 8/15/07,' revised 11/7/07 1 10. WATER TRANSIT AUTHORITY Miles Berger, Delegate Alice Fredericks, Alternate II. LOCAL AGENCIES/COMMITTEES 1. JOINT DISASTER ADVISORY COUNCIL - (Meets Quarterly on 2nd Monday from 5:00 - 6:00 p.m. in the Town Hall Community Room) Alice Fredericks, Town Council Representative 2. JOINT RECREATION COMMITTEE - (Meets bi-monthly on Jrd Monday in the Town Hall Community Room) Tom Gram, Town Council Representative III. TOWN OF TmURON STANDING COMMITTEES - (Meetings scheduled as needed) 1. FINANCE & ADMINISTRATION Tom Gram Jeff Slavitz 2. POLICE Alice Fredericks Jeff Slavtiz 3. PUBLIC WORKS Alice Fredericks Miles Berger 4. LANDS & DEVELOPMENT Tom Gram 5. LEGAL Tom Gram -. IV. AD HOC TOWN COMMITTEE APPOINTMENTS 1. Downtown Economic Development Committee - Miles 3. Paradise Drive Liaison - Alice Fredericks/Jeff Slavitz 5. Library Negotiating Team - Alice Fredericks/Jeff Slavitz 6. Caprice Appeal - Alice FredericksIMiles Berger 7. Legislative Action - Tom Gram! Alice Fredericks Adopted January 3, 2007; revised 1/10/07; revised 8/15/07; revised 11/7/07 2 V. MCCMC APPOINTMENTS - (Elected by MCCMC) 1. President (term expired June 2007) Alice Fredericks 2. Local Agency Formation Commission (LAFCO) Jeff Slavitz . Town Appointments to MCCMC Committees 1. MCCMC Legislative Committee Alice Fredericks 2. JP A Oversight Committee Jeff Slavitz . Town appointed representatives in other areas of interest Marin Community Foundation City Liaison Committee Alice Fredericks MarinMap Steering Committee Nicholas Nguyen Chad Monterichard, alternate Marin County Hazardous & Solid Waste JP A Town Manager Peggy Curran Adopted January 3,2007; revised 1/10/07; revised 8/15/07,' revised 11/7/07 3 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 Town Council Meeting January 2, 2008 Agenda Item: pH-I STAFF REP()RT To: Mayor & Members of the Town Council Prom: Community Development Department Subject: Annual Reporting of Development Impact Fees: Recommendation to Accept Report ~ Reviewed by: BACKGROUND Similar to most cities and counties in California, the Town of Tiburon imposes certain public facilities fees on development projects during the approval process. Certain of these fees are categorized as "development fees" under Section 66000 et seq. of the California Government Code. Section 66006 of that code requires that specific data regarding development fees is made available to the public within 180 days following the end of each fiscal year, with a public meeting held on the matter at the next regularly scheduled meeting following release of the data. This report sets forth the required annual data reporting for the Town's development fee accounts for Fiscal Year 2006-2007, which closed on June 30, 2007. ANAL YSIS The Town of Tiburon imposes four categories of fees that could qualify as development fees. These categories are 1) traffic impact fees 2) street impact fees 3) affordable housing in-lieu fees and 4) stormwater runoff fees. Park and recreation in-lieu fees, which the Town also collects, are not defined as development fees in the statute. Reporting data for each of the Town's development fee categories is shown below. Traffic Mitigation Funds In 1996, the Town established two separate traffic mitigation fee accounts, each addressing different portions of the Tiburon Planning Area. The Town Council received a mandatory five- year report on these funds in January 2007 and made findings regarding the future use of unexpended funds in these accounts. In March 2007, an updated Traffic Mitigation Fee Schedule based on projections from the Town's General Plan Tiburon 2020 went into effect. The two traffic mitigation accounts and the required data for this annual report are as follows: Circulation System Improvement Fund (CSIF): This fund contains the collected exactions for construction of public traffic improvements in the incorporated portions of the Tiburon Planning Area. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element as requiring improvement. The fee varies from $ 0 per PM peak trip to $ 5,278 per PM peak trip. Town Council Meeting 1 anuary 2, 2008 TIBURON CIRCULATION SYSTEM IMPROVEMENT FUND Fund Balance, July 1, 2006 $110,952 Revenues: Fees Collected Interest Income TOTAL REVENUES $1,415 $2.191 $3,606 Expenditures: Tiburon Blvd .tReed Ranch Road Project $24,970 Fund Balance, June 30, 2007 ($24,970) $89,588 TOTAL EXPENDITURES In the adopted Fiscal Year 2007-08 budget, the Town has programmed $105,000 in expenditures from the Tiburol) Circulation System Improvement Fund for the purpose of constructing traffic improvements. Sufficient funds are anticipated to construct these improvements, which include intersection improvements at Stewart Drive and Tiburon Boulevard. No inter-fund loans or transfers occurred in this account for FY2006-07 and no refunds from this account were issued in FY 2006-07. Planning Area Mitigation Fund (P AMF): This fund contains the collected exactions for public traffic improvements in portions of the Tiburon Planning Area outside of the Town's corporate limits. The fee varies depending on the location of the project in relation to intersections identified in the General Plan Circulation Element for improvement. The fee varies from $0 per PM peak trip to $ 361 per PM peak trip. PLANNING AREA MITIGATION FUND Fund Balance, July 1, 2006 $242,609 Revenues: Fees Collected Interest Income TOTAL REVENUES $7,302 $10,142 $17,444 Expenditures: U.S. Highway 101 off-ramp improvements TOTAL EXPENDITURES $100,000 Fund Balance, June 30, 2007 ($100,000) $160,053 TO\\'N OF TIBllRON Page 2 of 5 UI'Cl\vn C:ounul 16. 20lJ8 The FY 2007-08 Town budget does not contain any expenditures from this account. Additional future projects to which these funds would be contributed include a merge/acceleration lane at the Tiburon Boulevard/Cecilia Way intersection and capacity improvements at the Tiburon BoulevardlRedwood Highway Frontage Road intersection. These improvements are set forth in the General Plan Circulation Element, but are likely to be at least 3-5 years away. The cost of these improvements will exceed funds available at this time. No inter-fund loans or transfers occurred in this account for FY2006-07 and no refunds from this account were issued in FY 2006-07. Street Impact Fund The street impact fee initially went into effect in July 1999. This fee partially off-sets the Town's costs of public roadway maintenance by assessing a fee of 1.0% (.01) on the valuation of all building permits issued by the Town. A project with a $100,000 building permit valuation would therefore be subject to a street impact fee of$I,OOO. The Town Council received a mandatory five-year report on these funds in January 2004 and made findings regarding the future use of unexpended funds in these accounts. The next five-year report will be due in January, 2009. TIBURON STREET IMPACT FUND Fund Balance, July 1, 2006 $1,272,597 Revenues: Fees Collected $630,695 Interest Income $56,860 Refund/Reimbursement $10,318 TOTAL REVENUES $698,143 Expenditures: See List Below $828,315 TOTAL EXPENDITURES ($828,315) Fund Balance, June 30, 2007 $1,142,425 EXPENDITURES Projects completed FY 2006-07: Cost 0/0 from Fund Contract Ad m i n istration Street Resurfacing/Rehabilitation $148,859 $679,456 170/0 830/0 Total Projects FY 2006-07 $828,315 1 000/0 Town Council Meeting January 2, 2008 For FY 2007-08, the Town has identified in its adopted budget $1,208,000 in planned street improvement projects to be funded by the Street Impact Fund. These improvements are expected to be underway and/or completed in FY 2007-08. The Town maintains a Pavement Management Program (PMP), which analyzes the condition of the Town's streets and suggests appropriate repair/replacement techniques based on this analysis. In 2006, the Town embarked on an aggressive program to eliminate its "failed" street segments. Unexpended funds currently remaining in the Street Impact account will be spent over the next 2-3 years as the Town completes its failed streets program. No refunds or transfers were issued from this account in FY 2006-2007. Affordable Housing In-Lieu Fund This fee is collected either at the subdivision map or building permit stage, at the option of the developer. Its revenues are used for the design and construction of permanently affordable housing units or for other actions that would directly preserve, conserve, rehabilitate, or increase the supply of affordable units in the Tiburon Planning Area. The fee is calculated using a formula contained within Chapter 16 (Zoning) of the Tiburon Municipal Code. The formula contains several variables (such as interest rates) and the amount of the fee can vary over time depending on these variables. Generally, the in-lieu fee amount ranges from $350,000 to $440,000 for each required affordable unit that is not built, dependent upon prevailing interest rates and other variables at the time of calculation. A project creating 12 or more units or lots would be responsible to provide 20% affordable units or pay the resulting in-lieu fee. Projects that produce between 7 and 12 units would be responsible for providing 15% affordable units. Projects that create between 2 and 7 units pay a prorated share of the in-lieu fee, for example, a 6- unit project would pay 0.6 of the in-lieu fee for an affordable unit not built. It is unclear whether affordable housing in-lieu fees are a "development fee" as defined in state law; however, the following information is public record. In providing affordable housing in-lieu fund information contained within this report, the Town of Tiburon neither admits nor implies that the above information is required to be reported pursuant to Section 66006 of the Government Code. AFFORDABLE HOUSING IN-LIEU FUND Fund Balance, July 1, 2006 $1,459,771 Revenues: Sale of Town Owned Unit Rents Interest Income TOTAL REVENUES $0 $0 $81.159 $81 , 159 Expenditures: Facility Improvements Back Fees $4,248 $260 Fund Balance, June 30, 2007 ($4,508) $1,536,422 TOTAL EXPENDITURES T 0\ \'N OF TIBllRClN Page 4 of 5 T mvn Council Meeting January 2, 200S For FY 2007-08 the Town has $4,375 in expenditures planned from the Affordable Housing In- Lieu Fund. As several new affordable housing sites have been identified in the recently-adopted Housing Element of the Tiburon General Plan, and as developers move forward with actual projects, the housing in-lieu funds collected will be expended toward affordable housing projects. The Town anticipates committing or spending this money within the time frame of the current Housing Element (2009). No inter-fund loans or transfers occurred in this account for FY2006-07, and no refunds from this account were issued in FY 2006-07. Storm water Runoff Fund The Town adopted a Stormwater Runoff impact fee in 2004. The stormwater impact fee helps recover the costs of upgrading the Town's public storm drain system to accommodate additional runoff caused by new construction. The fee is $1.00 per square foot of new impervious surface created by construction projects. STORMWATER RUNOFF FUND Fund Balance, July 1, 2006 $67,094 Revenues: Fees Collected Interest Income $107,773 $5.742 TOTAL REVENUES $113,515 Expenditures: Storm Drainage Improvements $30,109 TOTAL EXPENDITURES ($30,109) Fund Balance, June 30, 2007 $150,500 For FY 2007-08 the Town has $100,000 in expenditures planned from the Storm Water Runoff Fund for culvert and storm drain repairs. No inter-fund loans or transfers occurred in this account for FY2006-07, and no refunds from this account were issued in FY 2006-07. RECOMMENDATION Staff recommends that the Town Council: 1. Take any public testimony 2. Accept the report ~- Prepared By: Scott Anderson, Director of Community Developmen , ... S:\Adminis~ration\Town Council\Staff Reports\2008\development fees annual reporting FY2'D7.doc TOWN OF TIBT TRON Page 5 of 5 TOWN OF TIBURON 1505 Tiburon Boulevard Tiburon, CA 94920 T own Council Meeting January 16, 2008 Agenda Item: ;i') II ,- L I i STAFF REPORT To: Mayor and Members of the Town Council From: Community Development Department Subject: Recommendation to Amend Hourly Billing Rate Schedules for Town Personnel and to Adopt Updated Fee Schedules for the Community Development and Public Works Departments @ Reviewed By: BACKGROUND & ANALYSIS Hourlv Rate Schedule The Town annually reviews and updates its Hourly Rate Schedule for Town Personnel to reflect salary and benefit adjustments. These hourly rates represent the cost to the Town of each employee in terms of salary and benefits. The Hourly Rate Schedule was last updated in January of 2007. Staff has prepared a draft resolution (Exhibit 1) adopting a revised Hourly Rate Schedule that reflects current salary and benefit recovery costs. The revised Schedule reflects also reflects changes in position titles. The Hourly Rate Schedule is used to calculate recovery costs for individual staff hours spent on research or other tasks not involving the processing of complex development applications. Hourlv Billing Rate Schedule for Processing of Development Applications On October 17,2007, the Town Council adopted an hourly billing rate schedule for certain Town employees who process complex development applications. The billing rates reflected "fully allocated" cost recovery and were higher than typical billing rates for individual time that does not include administrative overhead. At that time, the Town Council directed that the positions of Town Manager and Town Attorney be added to the list of personnel who process complex development applications. A draft resolution adopting a revised Billing Rates Schedule for Processing of Development Applications, including those two positions, is attached as Exhibit 2. Community Development Department and Public Works/Town Engineer Fee Schedules The hourly billing rate schedule for processing complex applications applies only to those types of applications denoted as "initial fee deposit required" on the Community Development Department Fee Schedule and/or the Public Works/Town Engineer Fee Schedule. Since the hourly billing rates are substantially higher for these complex projects, the initial fee deposit amount must also be increased to reflect typical processing times at the higher billing rates. In "rown C:oundl both of the application fee schedules, the initial fee deposit amount is generally increasing anywhere from a factor of 1.6 to 2.1 depending on the increase in the billing rate of the staff position most likely to perform the application processing. Any remaining balance from an initial fee deposit is refunded to the applicant; additional funds beyond the original deposit amount are collected if needed to complete processing. Draft resolutions adopting the revised fee schedules are attached as Exhibits 3 and 4. Fish & Game CEOA State-Mandated Review Fees Effective January 1,2008, State Department ofFish & Game environmental review fees have increased slightly. The Community Development Department Fee Schedule is being amended to reflect these increases. This is a pass-through fee paid to the Marin County Clerk and not retained by the Town. RECOMMENDATION Staff recommends that the Town Council: 1. Hold a public hearing and take any public testimony on the matter. 2. Adopt the resolutions amending the hourly rate schedules and the development application fee schedules. 3. Draft Resolution adopting a revised Hourly Rate Schedule for Town of Tiburon Personnel Draft Resolution adopting a revised Hourly Billing Rates Schedule for Certain Town Employees Involved with Processing of Development Applications Draft Resolution adopting a revised Community Development Department Fee Schedule Draft Resolution adopting a revised Public Works Department/Town Engineer Fee Schedule Scott Anderson, Director of Community Developmen~ Exhibits: 1. 2. 4. Prepared By: RESOLUTION NO. XX-2008 A RESOLUTION OF THE TOWN COUNCil OF THE TOWN OF TIBURON AMENDING THE HOURLY BilliNG RATES SCHEDULE FOR CERTAIN TOWN POSITIONS INVOLVED WITH THE PROCESSING OF DEVELOPMENT APPLICATIONS WHEREAS, on October 17, 2007, the own Council adopted Resolution No. 45-2007 establishing hourly billing rates for certain Town personnel during the processing of certain complex development applications; and WHEREAS, the Town Council directed has that the positions of Town Manager and Town Attorney be added to the list of the certain Town personnel involved in the processing of such complex applications; and WHEREAS, the Town contracted with Revenue & Cost Specialists, LLC to study and formulate appropriate billing rates for these two positions; and WHEREAS, the completed study reflects hourly rates based upon fully allocated hourly billing rates for the two positions being added to the rate schedule; and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances; and WHEREAS, the Council finds that the hourly billing rates established by this resolution will not exceed the cost of the services to be provided. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the Hourly Billing Rate Schedule for Specified Town of Tiburon Personnel When Processing Development Applications, attached hereto as Exhibit A, said Hourly Billing Rate Schedule to become effective sixty (60) days from adoption of this resolution, and to be applicable to all application types listed in the most recently adopted Fee Schedules for the Community Development Department and the Public Works Department, which application types are shown as "Initial Deposit" required. All applicants for permits that may be subject to the hourly rate fees adopted by this Resolution shall be required to enter into agreements with the Town for the payment of said fees. Town Department Heads and their designees are hereby authorized to negotiate and execute said agreements on behalf of the Town, subject to the approval of the Town Attorney. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on , 2008, by the following vote: A YES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: Resolution No. xx-2008 Development Application Billing Rate Schedule Effective --/--/2008 EXHIBIT ~O. I ABSENT: COUNCILMEMBERS: ATTEST: DIANE CRANE IACOPI, TOWN CLERK JEFF SLA VITZ, MAYOR Town of Tiburon Resolution No. xx-2008 Development Application Billing Rate Schedule Effective --/--/2008 2 EXHIBIT "A" HOURLY BILLING RATE SCHEDULE FOR SPECIFIED TOWN OF TIBURON PERSONNEL WHEN PROCESSING DEVELOPMENT APPLICATIONS (EFFECTIVE --\--\2008) TOWN PERSONNEL HOURLY BILLING RATE Director of Public Works $228.28 Director of Community Development $193.74 Planning Manager $137.16 Associate Planner $89.61 Assistant Planner $84.46 Public Works Administrative Aide $76.16 Planning Secretary $75.93 Town Attorney $140.52 Town Manager $169.43 NOTES: 1. Hourly billing rate adjustments not to exceed 5% may be adopted annually, without a public hearing, based on Town Council approved salary and benefit adjustments. Any annual adjustments to this Schedule exceeding 5% shall require a public hearing. 2. This annual adjustment clause is valid for no more than five years from the first day of the fiscal year (July 1) nearest to its adoption date, absent a public hearing. Additional adjustments beyond that date (in the absence of a public hearing during that 5-year period) shall require a public hearing. S:\Administration\Town Council\StaffReports\2008\Jan 16 DRAFTS\hourly billing rates for application processing revised reso.doc Resolution No. xx-2008 Development Application Billing Rate Schedule Effective --/--/2008 3 RESOLUTION NO. XX-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED HOURLY RATE SCHEDULE FOR TOWN OF TIBURON PERSONNEL WHEREAS, the Tiburon Municipal Code requires that any changes to the Town's filing and processing fees be set forth by Resolution of the Town Council, and WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for the costs of providing the services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands within the Town's various departments, and WHEREAS, from time to time it is necessary to revise these fees to reflect actual costs incurred by Town personnel in the normal course of its operation and according to its obligations to administer State statutory requirements under the authority of Town ordinances, and WHEREAS, the Town's current fee program charges by hourly rate for processing certain applications and performing certain services, as set forth in the adopted Fee Schedules of the Town of Tiburon; said hourly rates being set forth in Resolution 04- 2007; and WHEREAS, increases in salary and benefits of some Town Officials, and changes in positions and titles, have occurred since adoption of Resolution 04-2007, causing it to be in need of revision; and WHEREAS, the Council wishes to ensure that the Town recovers from project applicants the cost of all services that the Town provides by adopting this resolution and by requiring all project applicants to enter into agreements providing for the advance deposit of estimated fees; the further payment of any required fees in excess of the deposit; and the refund of any portion of the deposit not expended in the processing of the application; and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances; and EXI-IIBIT NO. ~ Tiburon Hourly Rate Schedule 1 Effective --/--/2008 WHEREAS, the Council finds that the hourly rate schedule established by this resolution will not exceed the cost of the services to be provided. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt the Hourly Rate Fee Schedule for Town of Tiburon Personnel, attached hereto as Exhibit A, said Hourly Rat~ Fee Schedule to become effective 60 days from the passage of this resolution and supersede Resolution No. 04-2007. All applicants for permits that may be subject to the fees adopted by this Resolution shall be required to enter into agreements with the Town for the payment of said fees. Town Department Heads and their designees are hereby authorized to negotiate and execute said agreements on behalf of the Town, subject to the approval of the Town Attorney. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on January 16, 2008, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Hourly Rate Schedule 2 Effective --/--/2008 ADMINISTRATIVE SERVICES HOURLY RATE . Town Manager $158.47 Town Attorney $127.47 Director of Administrative Services $95.05 IT Coordinator $82.04 Town Clerk $75.53 Account Clerk $47.26 Office Assistant II $51.48 COMMUNITY DEVELOPMENT Director of Community Development $104.98 Planning Manager $78.37 Associate Planner $60.23 Assistant Planner $56.17 Planning Secretary $51.48 Building Official $80.51 Building Inspector $67.44 Assistant to the Building Official / $63.90 Records Management Coordinator Building Permit Technician $57.99 POLICE DEPARTMENT Police Chief $114.97 Police Captain $101.91 Police Sergeant $87.72 Police Officer $76.38 Community Services Officer $50.31 Police Secretary $54.20 Emergency Services Coordinator $52.56 PUBLIC WORKS Director of Public Works $120.77 Deputy Director of Public Works $74.16 Assistant Superintendent N/A Pro] ect Coordinator $74.05 Foreman $60.88 Maintenance Worker II $53.29 Maintenance Worker I $50.69 Administrative Aide $49.82 EXHIBIT "A" HOURL Y RATE FEE SCHEDULE FOR TOWN OF TIBURON PERSONNEL (EFFECTIVE --\--\2008) NOTES: 1. Hourly rate adjustments not to exceed 5% may be adopted annually, without a public hearing, based on Town Council approved salary and benefit adjustments. Any annual adjustments to this Hourly Rate Schedule exceeding 5% shall require a public hearing. 2. This annual adjustment clause is valid for no more than five years from the first day of the fiscal year (July 1) nearest to its adoption date. Additional adjustments beyond that date shall require adoption of a revised hourly rate schedule following a public hearing. Tiburon Hourly Rate Schedule 3 Effective --/--/2008 RESOLUTION NO. XX-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT WHEREAS, the Tiburon Municipal Code requires that any changes to the Community Development Department's filing and processing fees be set forth by Resolution of the Town Council, and WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for the costs of providing the services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands within the Community Development Department, and WHEREAS, from time to time it is necessary to revise these fees to reflect actual costs incurred by the Community Development Department in the normal course of its operation and according to its obligations to administer State statutory requirements under the authority of Town ordinances, and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt a revised fee schedule for the Community Development Department (Planning Division and Building Division), said fee schedules being attached hereto as Exhibit A and Exhibit B, said fee schedules to become effective 60 days from the passage of this resolution and to supersede the fee schedules set forth in Resolution No. 05-2007 as Exhibits A and B. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on January 16, 2008 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR Town of Tiburon ATTEST: DIANE CRANE IACOPI, TOWN CLERK Tiburon Community Development Department Fee Schedule Effective --/--/2008 1 EXHIBIT No.3 EXHIBIT A: PLANNING FEES PLANNING & ZONING PERMITS (Base fees do not include noticing, plan storage, technology recovery, or CEQA fees unless noted with **) General Plan Amendment, Rezoning, or Zoning Text Amendment ........................................$3,260* Annexation Agreement* * ................................................................................................................ $255 Prezoning: Multiple ParcelslUndeveloped Parcel/Single Developed Lot.......... $3,260/$1,630/1 ,630* Precise Development Plan ........................................................... ............. ..... $6,520 + $260/each unit* a. Amendment ............................................................................ $1,630 + $70/each unit* b. Single Lot Residential Amendment ................... ............. .............................:....$1,300* Conceptual Master Plan................................................................................. $3,260 + $ 140/each unit* Conditional Use Permit and Amendment thereto a. Minor................................................................................................................. $1,300* b. Major.................................................................................................................. $6,520* Condominium Conversion Conditional Use Permit and Amendment: a. 4 units or less = Minor Conditional Use Permit ..................................................$820* b. 5 units or more = Major Conditional Use Permit .............................................$3,260* Secondary Dwelling Unit Permit* * .............. ....................... ......... .... .............. ............... .... ....... ......$595 Variance* * ...... ................................................................................................................................. $450 Tree Permit** a. Single tree............................................................................................................... $170 b. 2 through 4 trees..................................................................................................... $260 c. 5+ trees.............................................................. $280 plus $55 per each additional tree Water Well Drilling Permit and Amendment thereto a. Potable Well....................................................................................................... $1,250* b. Non-potable Well................................................................................................. $640* Home Occupation Permit* * a. Initial...... ................................................................................................................. $100 b. Annual Renewal....................................................................................................... $50 Extension of Time* * ............................................................................................ .......50% of initial fee * Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's Hourly Rate Schedule adopted by separate resolution. Tiburon Community Development Department Fee Schedule Effective --/--/2008 2 SITE PLAN AND ARCHITECTURAL REVIEW (DESIGN REVIEW) PERMITS (Design Review fees already include charges for noticing, plan storage, technology recovery, and California Environmental Quality Act exemption.) Existing BuildinglDeveloped Lot Minor Alteration (staff level) and amendments thereto .....................................................$255 Design Review of less than 500 sq. ft. that do not qualify for staff level review..............$485 Design Review of between 500 and 1,000 sq. ft. ..............................................................$945 Design Review of 1,000 sq. ft. or more....... ............................... ............... ...................... $1,325 Amendment to Design Review approval........................................................ 50% of filing fee (unless the application qualifies for staff-level review, then) ............................................$255 New Residential or Non-Residential Building Initial Approval................................................................................................................ $2,825 Minor Amendment (qualifies for staff-level review) ........................................................$255 Major Amendment involving increased floor area and/or significant design changes ......... ......................................................... 50% of filing fee Residential Floor Area Exception * * ............................................................................................ $230 Grading, Filling, or Earthwork requiring design review approval.........................................$805 SIGN PERMITS (Sign Permit fees already include charges for plan storage, technology recovery, and California Environmental Quality Act exemption.) Staff level ............................................................................................................................. $115 Design Review Board level.. ................. ...................................................... .... ........ ........ ...$230 PLANNING CONFORMANCE CHECK ON BUILDING PERMIT APPLICATIONS (Collected by Building Division at time of permit issuance) Actual cost of Planner's time (See Hourly Rate Schedule; minimum charge is 0.5 hours). Tiburon Community Development Department Fee Schedule Effective --/--/2008 3 SUBDIVISION AND RELATED PERMITS AND SERVICES (Base fees do not include noticing, technology recovery, plan storage, or CEQAfees) Lot Line Adjustment (Minor: four or fewer parcels)....................................................................$720* Lot Line Adjustment (Major: five or more parcels) ..................................................................$1,800* Lot Merger (Voluntary) .. ......... ............................. ....................... .......... ............. ...... ........ ............... $230 Tentative Map, where Final Map required: a. For the first 5 lots.............................................................................................$19,600* b. For each additional lot ..........................................................................................$260* c. Amendment to previously approved Tentative Map ........................................$3,920* Tentative Map, where Parcel Map required...............................................................................$9,760* Planning Division Review of Final and Parcel Maps................................................................$3,920* Extension of Time for Tentative Map ......................... ............ .... ..... ......... ............. .................... $2,600* Certificate of Compliance................. ................ ........... ............ .... .... .......... ............. ..... ....... ....... .$1,300* Reversion to Acreage.......... ............. ........................ ........... ......... ................................. ...... ......$16,340* CALIFORNIA ENVIRONMENTAL QUALITY ACT FEES Determination of CEQA Exemption ....... .......... ....................... ............ ... ............................ ............. $50 Initial Study ............................................................................................................................ $1,600* EIR (full or focused) ...... ......... ................................................................ $1 ,000 plus EIR contract cost EIR Administrative Overhead........................................................................ 30% of EIR contract cost Mitigation Monitoring arid permit compliance review.............................................. Actual Town cost Fish & Game Fees per State law (subject to change without notice, payable to Marin County Clerk): a. Fish & Game Fee for Negative Declaration...................................................$l ,876.75 b. Fish & Game Fee for EIR.......................................................... ..................... $2,606. 75 c. Environmental Document pursuant to a Certified Regulatory Program. . . . . . ..$886.25 * Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's Hourly Rate Schedule. Tiburon Community Development Department Fee Schedule Effective --/--/2008 4 ADMINISTRATIVE SERVICES / MISCELLANEOUS Services Street Name Change... ............ ............... .............................. .............. ........................ .....$1,280* Change of Street Address... ............ ..... ................................ .............. ............................. ..... $170 Mar West Parking Permit (collected by Police Department)...............................................$25 Noticing of Permit Applications.... .................................... ............. .................. ............ ...... $100 Plan/Document Storage Fee (all applications except as noted) ........................................... $65 Technology Recovery Fee (all applications except as noted with **) .................................$25 Photocopies (regular) .................................................................................................. $.20/page Microfiche Copies....................................................................................................... $.20/page Staff Research Fee........................................................................................................ $70/h.our Tape/Official Plan Drawing Duplication Fee.......... Outside service duplication cost plus $30 Publications General Plan paper copy (full document including 11" X 17" color diagrams).................. $50 General Plan on CD (full document) ...................................................................................... $5 General Plan paper copy (Individual Elements, including diagrams therein) .....................$10 Zoning Ordinance (including 11" X 17" color maps) ..........................................................$30 Municipal Code (including 11" X 17" color zoning maps) ...............................................$100 Design Review Guidelines (a.k.a. Hillside Guidelines Booklet) ...........................................$5 Downtown Design Handbook (color)..... ........ ...... .................. ......... ........ ............. ........ ........ $20 Downtown Design Handbook (B/W) ..... ..... ... .......... ..... ..... ............. ................. .... ..... .... ....... $1 0 Downtown Design Handbook Furniture Supplement (B/W)........... ...................... ....... ......... $5 All other publications. ....... ..... ......................... .......... ..... ..... .............. ........... ...... ............. At cost Maps General Plan Land Use Diagram 2.2-1 (11" x 17" color) ...................................................... $3 General Plan Land Use Diagram 2.2-1 (24" x 36" color) ....................................................$30 Other General Plan Diagrams (11" x 1 7" color) .................................................................... $3 Zoning Map (11" x 17" color) ................................................................................................ $3 Zoning Map (24" x 36" color) ....... ....... ....... ............... ... .............. ........ ............ ..................... $30 Planned Development Map (11" x 1 7" color)... ............ ..... ............. ...................... ....... .......... $3 Other maps ...................................................................................................................... At cost APPEALS a. If applicant is appellant.......................................................... .............................. $500* * b. If applicant is not appellant.................................................................................... $3 00 * Initial deposit amount only. Any remainder will be refunded; additional Staff time to process will be billed per the Town's Hourly Rate Schedule. **Project applicant is responsible for all reasonable Town costs, including expert services and outside consultants, necessary to process the application through a final Town decision. Tiburon Community Development Department Fee Schedule Effective --/--/2008 5 PUBLIC FACILITY FEES AND OTHER DEVELOPMENT-RELATED FEES Traffic Mitigation Fees - varies by location (see Resolution No. 02-2007 or successor document). In-Lieu Housing Fee - varies (based on a formula contained in Municipal Code Chapter 16-6). Park & Recreation In-lieu Fee - varies (based on formula in Municipal Code Chapter 14). GENERAL FEE PROVISIONS A. Fees shall be submitted in full at the time of application submittal to the Town. A penalty fine equal to 100% of the regular filing fee is assessed for after-the-fact permit applications. B. Pursuant to a written request, the Town Council may grant a full or partial waiver of fees pursuant to fee waiver policies adopted by Resolution of the Town Council. C. Portions of fees may be refunded upon withdrawal of an application; the amount of the refund shall be determined by the Director based upon the amount of work done by the Town prior to withdrawal. D. Full fee credits may be granted by the Director toward resubmitted applications if withdrawn and resubmitted within 60 days from the date of withdrawal. E. Where work requires more than one permit, the full fee shall be collected for each and every permit required. F. Pursuant to Municipal Code Chapter 16-6, some fee waivers are applicable to projects providing below market rate housing units. G. If the Director determines that a contract planner will be required to process an application, or assist Town Staff with processing of an application, the applicant shall be responsible for all reasonable costs associated with said contract planner. Tiburon Community Development Department Fee Schedule Effective --/--/2008 6 EXHIBIT B: BUILDING DIVISION FEES BUILDING PERMIT FEE The basis for the Building Permit Fee shall be the total valuation of the project; the actual fee shall be calculated using the California Building Code Permit Fee Schedule---Table I-A (as amended by attached Exhibit 1), or any successor section adopted pursuant to Chapter 13 of the Tiburon Municipal Code. If the total valuation is not provided, the following schedule shall be used to establish a minimum project valuation: I. Apartment Houses: Type I or II F .R. .............................................. ....................................................... $171. OO/sq .ft. Type V - Masonry (or Type III).............................................................................. $137.00/sq.ft. Type V - Wood Frame ........................................................................................... $132. OO/sq .ft. Type I Garage............................................................................................................ $70. OO/sq .ft. 2. Dwellings: Type V-Masonry. .... ........ ....... ..... .......... ............. .......... .... .................. ..... ............. ... $157.00/sq.ft. Type V -Wood Frame..... ....... ..................... ....... ............ .................... .............. ....... $150.00/sq.ft. Garage....................................................................................................................... $36. OO/sq .ft. Actual project valuation must be provided prior to final inspection and any additional fees will be due and payable prior to final sign-off. Miscellaneous valuations: If total valuation is not provided at the time of application, the following schedule shall be used: 1. Sprinklered Structure (retrofits only) ............ .................... ............. ................. ........... $4.00/sq .ft. 2. Tenant Improvements - Commercial ....................................................................... $45.00/sq.ft. 3. Block Walls & Pilasters (includes footings) .............................................................. $6.00/sq.ft. 4. Retaining Walls (includes footings).... ................ ....... .............................................. $18.00/sq.ft. 5. Retaining Walls (wood).. ............ ............ ....... ........... ......... ........ ............. .................... $6.00/sq.ft. 6. Greenhouse.. ................... ....... ....... ... ....... .... ............. ............ ..... ...... ..................... ..... $12.00/sq .ft. 7. Patio, Solid Cover... ......................... ................ ................. ........... ............................. $14.00/sq.ft. 8. Patio, Lattice Cover .................................................................................................. $11.OO/sq.ft. 9. Aluminum Patio Enclosure...... ....... ................... ............... ..... .................... .............. $60.00/sq .ft. 10. Deck .......................................... ................. .................... .... ........................ ............... $12.00/sq .ft. Tiburon Community Development Department Fee Schedule Effective --/--/2008 7 11. Demolition........................................................................................................................ $120.00 Actual project valuation must be provided prior to final inspection and any additional fees will be due and payable prior to final sign-off. 12. Re-roof: Project valuation to be substantiated by providing contract; Building Permit Fee shall be calculated using the Permit Fee Schedule---Table I-A or any successor section adopted pursuant to Chapter 13 of the Tiburon Municipal Code. 13. Swimming Pool/Spa/Hot Tub: Project valuation to be substantiated by providing contract; Building Permit Fee shall be calculated using the Permit Fee Schedule---Table I-A or any successor section adopted pursuant to Chapter 13 of the Tiburon Municipal Code. 14. Miscellaneous Work: Building Permit Fee for any work not covered by the above shall be based on the total valuation for the project and the fees will be calculated using the Permit Fee Schedule--- Table I-A or any successor section adopted pursuant to Chapter 13 of the Tiburon Municipal Code. MISCELLANEOUS FEES I. Plan Storage fees: Valuation o - $1 00,000 ........................................................................................................................ $60.00 $100,000 - 200,000........................................................................................................... $120.00 $200,000 - 800,000...... ..... ..... .... ....... ....... ....... ......... ........ .... ......... ....... ......... ..... ......... ......$180.00 $800,000 - over.. ......... ...... ..... .... ....... ....... ....... ......... ....... ....... .... ....... ... ......... ..... ...... ... ......$250.00 2. Residential Resale Inspection for Residential Building Report (RBR)...........................$150.00 3. Residential Resale Re-inspection: ... ........ ... ...... .......... ...... ... ............ ........ ..... .............. ...... ..$75.00 4. Business License: Project value $0 - $5000 .......... ......... .......... ...... ....... ............ ............ ........................... ...... ..$15 .00 Proj ect value $5001 - $25,000 ............................................................................................ $25.00 Projects valued over - $25,000.......................................................... 0.0012 of the Project value. 5. Plan Checking Fees: All construction plans must be checked for conformance with State and Town regulations. A plan checking fee shall be paid to the Town along with submittal of construction drawings and specifications for review. Plan checking fees shall be 65% of the building permit fees. Where plans are incomplete, or changed so as to require an additional plan check review, an additional plan review fee shall be charged by the Town at $60.00 per hour with a minimum charge of one hour. Tiburon Community Development Department Fee Schedule Effective --/--/2008 8 6. Work Performed Without Permit Fees: Whenever any work for which a permit is required is commenced without first obtaining a permit, a penalty fee shall be due and payable. The penalty fee shall be calculated using the Town's current Resolution setting forth Administrative Fines. 7. Long-range planning/general plan maintenance fee surcharge....... ..10% of building permit fee (includes building, plumbing, electrical, mechanical, and grading fees) 8. Technology Recovery Fee surcharge as set forth in the following table: TOTAL VALVA TION FEE $ 1.00 to $ 5,000.00 $15.00 $ 5,001.00 to 25,000.00 $ 15.00 for the first $ 5,000.00 plus $ 3.00.00 for each additional $1,000.00, or fraction thereof, to and including $ 25,000.00 $ 25,001.00 to $ 50,000.00 $ 75.00 for the first $ 25,000.00 plus $ 2.50 for each additional $1,000.00, or fraction thereof, to and including $ 50,000.00 $ 50,001.00 to $ 100,000.00 $ 137.50 for the first $ 50,000.00 plus $ 2.25 for each additional $1,000.00, or fraction thereof, to and including $ 100,000.00 $ 100,001.00 to $ 500,000.00 $ 250.00 for the first $ 100,000.00 plus $ 2.00 for each additional $1,000.00, or fraction thereof, to and including $ 500,000.00 $ 500,001.00 to $ 1,000,000.00 $ 1050.00 for the first $ 500,000.00 plus $ 1.75 for each additional $1,000.00, or fraction thereof, to and including $ 1,000,000.00 $ 1,000,001.00 and up $ 1925.00 for the first $ 1,000,000.00 plus $ 1.50 for each additional $1,000.00, or fraction thereof, but not to exceed $7,500.00 9. Other Inspections and Fees Inspections outside of normal business hours (minimum charge is 2 hours)................ $601hour Re-inspection fee assessed under provisions of Section 108.8 of the CBC ......................$75.00 Inspections for which no fee is specifically indicated .......................................................$60.00 ELECTRICAL PERMIT FEES Any fees required by this division shall be paid by the applicant before any electrical work, requiring a permit hereunder, is stated and the permit issued. Minimum Fee: The minimum fee for any electrical permit, unless otherwise indicated, is $60.00 Miscellaneous Permit Fee: Any permit for miscellaneous electrical work not in conjunction with a building permit, and not itemized below, shall be a minimum fee of $60.00, or 2% of the contract cost, whichever is greater. New Service or Service Change: Any permit for new service or change of service not in conjunction with a building permit shall be charged as follows: 100-1000 amps ............... ......... ........................... ........... .............. ................. ......... $150.00 1000 amps & up ... ................... ....... .................. ................... ........ ................. ......... $250.00 Tiburon Community Development Department Fee Schedule Effective --/--/2008 9 Residential Dwelling: For each electrical permit for a one or two family unit, or a multi- family dwelling unit, the fee shall be based on 20% of the building permit fee, inclusive of carports and garages, inclusive of additions and alterations. Commercial: Fees for commercial or industrial work (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office............................................................... ....................... 20% of building permit fees Retail sales ....... ......... ................................................ ............. 20% of building permit fees Food markets ......................................................................... 25% of building permit fees Restaurants............................................................................ 25% of building permit fees MECHANICAL PERMIT FEES Any fee required by this division shall be paid by the applicant before any mechanical work requiring a permit hereunder is started and the permit is issued. Minimum Fee: The minimum fee for any mechanical permit, unless otherwise indicated, is $60.00. Miscellaneous Permit Fee: Any permit for miscellaneous mechanical work not in conjunction with a building permit, and not itemized below shall be a fee of $60.00 or 1 % of the contract cost. Residential Dwellings: For each mechanical permit for a one or two family dwelling unit or a multi-family dwelling unit, the fee shall be based on 9% of building permit fee, inclusive of additions and alterations. Commercial: Fees for commercial (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office .......................................................................................... 9% of building permit fee Retail sales ........ ........... ....... ........... ............................... ..............90/0 of building permit fee Food Markets ............................................................................120/0 of building permit fee Restaurants .................................................................................120/0 of building permit fee PLUMBING PERMIT FEES Any fees required by this division shall be paid by the applicant before any plumbing work requiring a permit hereunder is started and the permit issued. Minimum Fee: The minimum fee for any plumbing permit is $60.00, unless otherwise stated. Miscellaneous Permit Fee: Any permit for miscellaneous plumbing work not in conjunction with a building permit, and not itemized below, shall be a fee of $60.00 or 1.5% of the contract cost, whichever is greater. Tiburon Community Development Department Fee Schedule Effective --/--/2008 10 Residential Dwellings: For each plumbing permit for a one or two family dwelling unit or a multi-family unit, the fee shall be based on 10% of the building permit fee, inclusive of additions and alterations. Commercial: Fees for commercial or industrial work (including retail stores, offices, and motels) in conjunction with a building permit are as follows: Office ..................................................................................... 100/0 of building permit fees Retail sales ............ ....... ................. ................ ......................... 10% of building permit fees Food markets......................................................................... 10% of building permit fees Restaurants .... ........... .................................... ......................... 15% of building permit fees GRADING PERMIT FEE SCHEDULE Plan Check Fees: 50 cubic yards. ....... ........... .... ............ ...... .............................................. .............. ................ No fee 100 cubic yards................................................................................................................... $15.00 1000 cubic yards................................................................................................................. $22.50 10,000 cubic yards. ......... ...... .................. ......................................... ..... ............... ....... ........ $30.00 Each additional 10,000 Cubic Yards to 100,000 Cubic Yards: .........................................$15.00 Permit Fees: 1 - 50 C. Y.. ............. . .. ........ ...... ..... .. ... ...... . ............. ... .. ..... ...... ....... .. ....... .. ..... .. .. . .... . .. ....... .... $15 .00 51 - 100 C. Y. ...................................................................................................................... $22.50 101 - 200 C. Y. ....... ............... .............. ............ ...... ....................... .................. .............. ....... $33 .00 201 - 300 C. Y. ...... .......... ...... ................................ ................... ............ .......... ..... ........ ....... .$43 .50 301 - 400 C. Y. .................................................................................................................... $54.00 40 I - 500 C. Y. ...... .......... .... ....... ........... ............ ...... ....... ................ ............. ........ ... ...... ...... .$64.50 501 - 600 C. Y. .................................................................................................................... $ 7 5.00 601 - 700 C. Y. .. .................................. ..... ........... ........................... ................... ........ .......... $85 .50 701 - 800 C. Y. .. ...... ..................... ................... ................................. ................................... $96.00 80 I - 900 C. Y. ............. ...... .................. ................ ........................... ................... .............. ..$1 06.50 901 - 1 000 C. Y. ................................................................................................................ $11 7.00 1001 - 2000 C. Y. .. ................ ..... ......... ........................ ...... ..... ............... ...................... ..... .$126.00 2001 - 3000 C. Y. .............................................................................................................. $13 5.00 300 I - 4000 C. Y. .............................................................................................................. $144.00 400 I - 5000 C. Y. .. ..................... ....... ....... ....................... ............... ...... ....... ............... ....... $153 .00 5001 - 6000 C. Y. ....................... ...... ........ ....... ......... .......... ............ .............. ................ ..... $162.00 6001 - 7000 C. Y. ..................................... ....................... ................. ........... ......... ...... ....... $171.00 7001 - 8000 C. Y. ..................................... ........... ........................... ............. .................. ....$180.00 8001 - 9000 C. Y. ................................ ... ............... ......................... ............. ........... ......... ..$189.00 900 I - 10,000 C. Y. ............... ................. ............. ........................... ............. .................... ..$198.00 Each additional I 0,000 Cubic Yards is: .............................................................................$40.50 Tiburon Community Development Department Fee Schedule Effective --/--/2008 11 PUBLIC FACILITY DEVELOPMENT FEES Traffic Mitigation Fee - applies to development resulting in new vehicle trip generation; varies by location (see Resolution No. 02-2007 or successor document). Street Impact Fee - 1 % of building permit project valuation Stormwater Runoff Fee - $1 per square foot of new impervious surface Tiburon Community Development Department Fee Schedule Effective --/--/2008 12 c;;- O) :::l 'rl W "'tl 'TI m m CIl IlO 'TI o ;D 3: CIl 6i "'tl 'TI m m CIl c 3: ~ ~ X ili ~ i'3 ~ > rn > a: ~ ~ ~ C1 "-l ~ o ~ """3 - = ~ " ~ o ~:-~ B~[?;5'~ ""I Q.. 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Q.. _8:. - ~ Q.. e: a: s' Q.. e: ::to 0 ::to .... =:-_' ::t: g [ g a g a a ~ ~ e. ~ ~ ~ 8 ~ "0 0 "0 0 "0 8 ~ 8 0 80..80..0 o ..0 0 ..0 g ..0 g ""I g ~ g =:p ~- ~ ~ =:p ~ ~ o' ~ 0' g' o' ::s o':::S ::s :::s ~ "0 o o o ..0 o ""I ~ ~ o' :::s ~ N "0 8 o o S' N VI "0 o o o o ~ o o S' i ~ N 8-3 00 0-3 0> ~ ~ ~ > -3 .. o 2: i ~ 0'\ o ~ t:'!.l t:'!.l ~ ~ t!I!j ~ ~ ~ o ~ ~ ~ t""l t!I!j """ I > I I = S t""l ~ .... :2: ~ ~ t!I!j ~ .... ~ ~ t!I!j rI.l """3 > == t"" ~ - > ~ t-f to t-f ~ ---.. N = = 10'" n > t"" Ii; o ~ 5: == ~ - t"" C1 :z ~ ~ o C1 t!II!j RESOLUTION NO. XX-2008 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TIBURON ADOPTING A REVISED FEE SCHEDULE FOR THE TOWN ENGINEER AND PUBLIC WORKS DEPARTMENT WHEREAS, the Tiburon Municipal Code requires that any changes to the Town's filing and processing fees be set forth by Resolution of the Town Council, and WHEREAS, it is the intent of the Town Council that such fees be used to reimburse the Town for the costs of providing the services for which the fees are assessed, thereby maintaining productive and efficient service levels commensurate with the work demands within the Town's various departments, and WHEREAS, from time to time it is necessary to revise these fees to reflect actual costs incurred by the various departments in the normal course of its operation and according to its obligations to administer State statutory requirements under the authority of Town ordinances, and WHEREAS, the Town of Tiburon has provided required notice and held a public hearing pursuant to state law and local ordinances. NOW, THEREFORE, BE IT RESOLVED that the Town Council of the Town of Tiburon does hereby adopt a revised fee schedule for the Town Engineer and Public Works Department staff, said fee schedule being attached hereto as Exhibit A, said fee schedule to become effective 60 days from the passage of this resolution and to supersede the fee schedule set forth in Exhibit A of Resolution No. 06-2007. PASSED AND ADOPTED at the regular meeting of the Town Council of the Town of Tiburon on January 16, 2008 by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: JEFF SLAVITZ, MAYOR TOWN OF TIBURON ATTEST: DIANE CRANE IACOPI, TOWN CLERK Town Council Resolution No. xx-2008 Effective --\--\2008 Page 1 EXHIBIT NO.~ EXffiBIT A TOWN ENGlNEER/PUBLIC WORKS DEPARTMENT FEE SCHEDULE (Effective --/--/2008) The 1;own Engineer's application review fee includes the time spent by the Town Engineer and his staff to make one (1) site inspection, an initial review of submitted plans and maps for completeness, a second review of the submitted plans and maps, a consultation with Community Development Department staff and preparation of written conditions and/or recommendations. The Town Engineer's fee for additional work beyond that specified above, and for other applications where a specific fee is not listed, will be based on the actual time spent by the Town Engineer or his staff in accordance with the Town Engineer's personnel schedule. Where not otherwise indicated, the Town Engineer will determine a fee if review is determined to be necessary by the Director of Community Development or Building Official. Town Engineer's fees are as follows: A. Planning & Zoning Applications 1. Conditional Use Permit (Major)...................................................................................... $1,600.00* 2. Precise Development Plan............................................................................................... $2,500.00* 3. Conceptual Master Plan........................................ .......................................................... $1,000.00* 4. Traffic Study Review...................................................................................................... $1,000.00* B. Site Plan and Architectural Review Application Referral (complex applications only) 1. Design Review application................................... ............. .... .............. ....................... ..... $450.00* 2. New Residence or Non-Residential Building ................................................................. $750.00* 3. Grading, Filling or Earthwork. ............ .......... ..... ................... .... .......... .............. ......... ..... $1,000.00* C. Subdivisions and Related Permits and Services 1. Tentative Map Application, Where Final Map Required................................................ $5,325.00* 2. Tentative Map Application, Where Parcel Map Required .............................................. $1,700.00* 3. Final Map........................................................................................................................ $5,325.00* 4. Parcel Map...................................................................................................................... $5,325.00* 5. Subdivision Improvement Plan Review.......... .................... .................. ....... ................... $5,325.00* 6. Field Inspection.... ............. ............. ........... ...... ......................... 30/0 of the Value of Improvements D. Building Permit Drainage & Site Review Application 1. New Building ................................................................................................................. $500.00 2. Exterior Addi tionlRemodel.......................................................... ................................. .. $350.00 E. Encroachment Permit 1. Application Processing Fee (applies to all Encroachment Permits)................................ $85.00** 2. Debris Box-only Encroachment Permit Inspection Fee .................................................. $75.00 3. Minor Encroachment Permit Inspection Fee...................... .......... ....... ............. ............... $150.00 (e.g., driveway approaches, curb drains, fences, paving or concrete work less than 175 sq. ft.) 4. Major Encroachment Permit Inspection and Plan Review Fee: 3% of Valuation of Improvements 5. All other Encroachment Permit applications, in the reasonable discretion of the Town Engineer, are subject to a $325.00** minimum deposit, and additional fees may be assessed based on actual processing time and adopted hourly rate schedules. *Fee shall be considered an initial non-refundable deposit. Additional fees may be required if actual time spent by Town Engineer or Deputy Town Engineer exceeds this fee. **Includes $25 Technology Recovery Fee. Town Council Resolution No. xx-2008 Effective --\--\2008 Page 2